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02/01/2010 - City Council Regular
AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING FEBRUARY 1, 2010 6:30 P.M. ROLL CALL AND PLEDGE OF ALLEGIANCE 1, I II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) e1 A. APPROVE MINUTES P11 B. PERSONNEL ITEMS {�a C. APPROVE Check Registers D. RECEIVE Feasibility Report for Project 1012 (Duckwood Drive Extension and Station Trail — Street Overlay) and Schedule a Public Hearing (March 2, 2010) P 1� E. AUTHORIZE Update to Transportation Information Needs Analysis P)� F. RECEIVE Amended Feasibility Report for Project 1016 (Ames Crossing Road — Street Construction) and Schedule a Public Hearing (March 2, 2010) QJ(p G. APPROVE Release and Termination of Cinnamon Ridge Regulatory Agreement for CDA Refunding f.= H. ACCEPT Broadband Technology Consultant Report .311. ACCEPT a Department of Energy Geothermal Grant in the amount of $1,338,000 and Approve a Guaranteed Energy Savings Contract, pursuant to Minnesota Statute 471.35 Subd. 13(b) to Harris Companies in the amount of $3,194,506 to retrofit the mechanical system at the Eagan Civic Arena to reduce energy usage and cost. V. PUBLIC HEARINGS VI. OLD BUSINESS VII. NEW BUSINESS -FM A. CONDITIONAL USE PERMIT — M & L Industrial Properties — A Conditional Use Permit to allow outdoor storage D of trucks and trailers located at 3285 Terminal Drive. 1, 50 B. CONDITIONAL USE PERMIT — Clearwire — Kennebec Drive - A Conditional Use Permit to allow a 10' extension to the wireless communication monopole on the property located at 3659 Kennebec Drive. P%A C. CONDITIONAL USE PERMIT — Clearwire — Parkview Golf Course -A Conditional Use Permit to allow a 10' extension to the wireless communication monopole on the Parkview Golf Course located at 1290 Cliff Road. P ! D. CONDITIONAL USE PERMIT — Clearwire - Northview Parts - A Conditional Use Permit to allow a 100' wireless communication monopole located at 980 Northview Parts Road. VIII. LEGISLATIVE I INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY (no items at this time) X. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. CLOSED SESSION XIII. ADJOURNMENT 41�0 City of Eagan ma TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JANUARY 29, 2010 SUBJECT: AGENDA INFORMATION FOR FEBRUARY 1, 2010 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the February 1, 2010 City Council agenda, the following items are in order for consideration. Agenda Information Memo February 1, 2010 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the January 19, 2010 Regular City Council meeting and minutes from the January 12, 2010 Special City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the January 19, 2010 Regular City Council meeting are enclosed on pages through • Minutes of the January 12, 2010 Special City Council meeting are enclosed on pages through/ C) . 01 � DRAFT MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota January 19, 2010 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Hansen, Fields and Tilley. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, January 19, 2010 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Hansen, Fields and Tilley. Also present were City Administrator Tom Hedges, City Planner Mike Ridley, Public Works Director Tom Colbert, Community Development Director Jon Hohenstein, Assistant City Engineer John Gorder, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA City Administrator Hedges noted that there would be an update on the 150th celebration kick -off under Recognitions and Presentations. He also noted that under Legislative / Intergovernmental Affairs Update, an update would be given on a meeting held with Legislators; and a Closed Session will be held to discuss a meeting security plan, an EDA settlement agreement, an update on a supreme court decision, and the Miller lawsuit. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS Lieutenant Greg Johnson was recognized for his thirty -two years of service with the Police Department. City Administrator Hedges provided an update on the 150th celebration kick -off. CONSENT AGENDA Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the January 5, 2010 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the revisions to the Drug /Alcohol Free Workplace Policy. C. It was recommended to ratify check registers dated December 23, 2009, December 30, 2009 and January 7, 2010 as presented. D. It was recommended to approve a 240 -day extension of time to record the final plat for Valley View Plateau Plat 3, located at 1469 and 1467 Highview Avenue. E. It was recommended to direct staff to prepare an Amendment to City Code Chapter 11, Floodplain Management Ordinance, adopting new FEMA Flood Rate Insurance Maps and National Flood Insurance Program requirements. F. It was recommended to direct staff to prepare an ordinance amendment to City Code Chapters 2, 10, 11 to reflect the current State Building and Fire Codes. G. It was recommended to approve Ordinance Amendment regarding Building Code adoption. H. It was recommended to approve the telecommunications lease agreement with TTM Operating Corporation, Inc. for the Sperry Tower and authorize the Mayor and City Clerk to execute all related documents. 2 City Council Minutes January 19, 2010 Page 2 P ®R FD I. It was recommended to authorize the preparation of a Municipal State Aid System Needs Analysis by Bolton & Menk, Inc., at a cost not to exceed the amount of $18,000.00 J. It was recommended to approve the 4 -City Joint Powers Agreement for the Black Dog Watershed Management Organization and authorize the Mayor and City Clerk to execute all related documents. K. It was recommended to approve the plans and specifications for Contract 09 -20 (Fire Safety Campus — Site Grading & Utilities) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Tuesday, March 9, 2010. L. It was recommended to approve the plans and specifications for Contract 10 -04 (Fire Safety Center — Fire Station No. 2 and Administration Building) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, March 4, 2010. M. It was recommended to approve the 12 -City Joint Powers Agreement for Street Maintenance Contractual Services and authorize the Mayor and City Clerk to execute all related documents. N. It was recommended to receive the draft Feasibility Report for Project 1008, (Lexington Parkview — Street Improvements) and schedule a public hearing to be held on February 16, 2010. O. It was recommended to adopt an Update of the Alternative Urban Areawide Review for the Cedar Grove Redevelopment Area and authorize responses to comments. PUBLIC HEARINGS PROJECT 1023, EAGAN ROYALE / SAFARI ESTATES / AND SAFARI 3 & 4 ADDITIONS STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding street improvements for Eagan Royale / Safari Estates / Safari 3 & 4 Additions. Public Works Director Colbert gave an overview of the pavement management program. Assistant City Engineer Gorder gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve Project 1023, Eagan Royale / Safari Estates / Safari 3 and 4 Additions (Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 1025, OAK CLIFF 4T" ADDITION STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding street improvements for Oak Cliff 4th Addition. Assistant City Engineer Gorder gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve Project 1025, Oak Cliff 4th Addition (Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 1020, THOMAS LAKE WOODS ADDITION STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding street improvements for Thomas Lake Woods Addition. Assistant City Engineer Gorder gave a staff report. 4 City Council Minutes January 19, 2010 Page 3 DRAFT Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to Council. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve Project 1020, Thomas Lake Woods Addition (Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 1024, KENNEBEC DRIVE STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding street improvements for Kennebec Drive. Assistant City Engineer Gorder gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve Project 1024, Kennebec Drive (Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 2010 CALENDAR YEAR CITY ORGANIZATIONAL BUSINESS CITY ORGANIZATIONAL BUSINESS City Administrator Hedges explained that organizational business is considered at the second regular City Council meeting in January. The following items were acted on: ACTING MAYOR Mayor Maguire moved Councilmember Bakken seconded a motion to appoint Councilmember Fields as Acting Mayor. AyeA Nay: 0 Councilmember Fields abstained. OFFICIAL LEGAL NEWSPAPER Motion was made by Tilley, seconded by Fields to approve retention of the ThisWeek Newspaper as the City of Eagan's official legal newspaper. Aye: 5 Nay: 0 Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the 2010 Schedule of City Council meetings as presented noting the alternate dates. Aye: 5 Nay: 0 2010 SCHEDULE OF REGULAR CITY COUNCIL MEETINGS JANUARYS JANUARY 19 FEBRUARY 1* Monday FEBRUARY 16 MARCH 2 MARCH 16 APRIL 6 APRIL 20 MAY 4 MAY 18 JUNE 1 JUNE 15 JULY 6 JULY 20 AUGUST 2 ** Monday AUGUST 17 SEPTEMBER 7 SEPTEMBER 21 OCTOBERS OCTOBER 19 NOVEMBER 4 * ** Thursday NOVEMBER 16 DECEMBER 7 DECEMBER 21 * Monday, February 1 due to Party Caucuses ** * Thursday, November 4 due to Election Day ** Monday, August 2 due to National Night Out There will be a Listening Session at 6:00 p.m. before each regular Council meeting. S- City Council Minutes January 19, 2010 Page 4 D? P,F A 2010 SCHEDULE OF SPECIAL CITY COUNCIL MEETINGS AND WORKSHOPS JANUARY 12 JANUARY 26 (tentative) FEBRUARY 9 FEBRUARY 23 (tentative) MARCH 9 MARCH 23 (tentative) APRIL 13 APRIL 27 (tentative) MAY 11 MAY 25 (tentative) JUNE 8 JUNE 22 (tentative) JULY 13 JULY 27 (tentative) AUGUST 10* AUGUST 24 (tentative) SEPTEMBER 14 SEPTEMBER 28 (tentative) OCTOBER 12 OCTOBER 26 (tentative) NOVEMBER 9 NOVEMBER 23 (tentative) DECEMBER 14 DECEMBER 28 (tentative) *August 10 could possibly be the primary election — to be determined when Legislature votes CITY COUNCIL MEETING PROCEDURES Councilmember Fields moved, Councilmember Bakken seconded a motion to acknowledge Robert's Rules of Order as the means to conduct official business at all Regular City Council meetings, and approve the guideline /handout for public participation in Council meetings. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Fields seconded a motion to ratify Council's past practice and policy that during the City Council filing period July — November, during an election year, the Visitors to be Heard segment of the meeting shall occur for a period of time not to exceed ten minutes and will not be televised. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Hansen seconded a motion to ratify the practice that at least two members of the City Council must make the request of the City Administrator to place an item on an upcoming City Council agenda. Aye: 5 Nay: 0 Aye: 5 Nay: 0 COUNCIL STANDING COMMITTEE AND REPRESENTATIVE APPOINTMENTS Councilmember Tilley moved, Councilmember Fields seconded a motion to ratify the appointed members of Council standing committees, intergovernmental committees and other appointments as listed. Aye:5 Nay:0 Standina Committees: Finance Committee: Mayor Maguire and Councilmember Bakken Public Works Committee: Councilmember Fields and Councilmember Bakken Personnel Committee: Mayor Maguire and Councilmember Fields Communications Committee — Councilmember Tilley and Councilmember Hansen Advisory Commission Liaisons: Advisory Parks and Recreation Commission: - Councilmember Tilley Advisory Planning Commission — Councilmember Hansen Airport Relations Committee — Councilmember Fields Intergovernmental Committee Aagointments: Minnesota Valley Transit Authority Board - Councilmember Hansen Municipal Legislative Commission Board — Mayor Maguire (appointed Chair of MLC in 2009) Cedar Corridor Committee — Mayor Maguire (City Administrator as alternate) Monthly Mayor /Manager Breakfasts — Mayor Maguire W City Council Minutes January 19, 2010 Page 5 DRAFT MSP Noise Oversight Committee — Councilmember Fields (Assistant to Admin. Miller as alternate) Dakota Communication Board — Councilmember Hansen (Councilmember Fields as alternate) Eagan Convention and Visitors Bureau — Mayor Maguire Other: Testimony at Legislature — all as needed AMM Board of Directors — Mayor Maguire Caponi Art Park Board — Parks and Recreation Director Seydell- Johnson Breakfast with Mayor / Chamber of Commerce — Mayor Maguire Fire Relief Association Board of Trustees — Fire Chief, Mayor Maguire, Director of Admin. Services OLD BUSINESS There were no Old Business items. NEW BUSINESS There were no New Business items. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE City Administrator Hedges provided an overview of a meeting held with Legislative Delegation to discuss 2010 priorities on January 12, 2010. The meeting was recessed at 7:40 p.m. to immediately convene a meeting of the Economic Development Authority. The regular City Council meeting was reconvened at 7:50 p.m. ADMINISTRATIVE AGENDA Public Works Director Colbert discussed the upcoming Inflow and Infiltration Mitigation Program / Policy in regard to clarification of the City's financing options. Administrative Services Director VanOverbeke provided information that had previously been discussed at a Council workshop. Discussion was held regarding removal of the $1000 deductible and options for financial participation by the City. Councilmember Bakken moved, Councilmember Fields seconded a motion to amend the I & I policy to provide for 50% city participation for actual costs incurred by the homeowner without having to meet a deductable and any amount be available for financing. Aye: 3 Nay: 2 (Opposed: Maguire and Hansen) VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Bakken moved, Councilmember Tilley seconded a motion to adjourn the meeting at 8:45 p.m. Aye:5 Nay:0 Date Administrative Secretary / Deputy Clerk MINUTES SPECIAL CITY COUNCIL MEETING TUESDAY, JANUARY 12, 2010 5:30 P.M. EAGAN ROOM — EAGAN MUNICIPAL CAMPUS City Council members present: Mayor Maguire, Councilmembers Fields, Bakken, Tilley and Hansen. City staff present: City Administrator Hedges, Assistant to the City Administrator Miller, Director of Administrative Services VanOverbeke, Fire Chief Scott, Police Chief McDonald, Public Works Director Colbert, Community Development Director Hohenstein, Communications Director Garrison and Parks and Recreation Director Seydell Johnson. I. ROLL CALL AND AGENDA ADOPTION Councilmember Tilley moved, Councilmember Bakken seconded a motion to adopt the agenda as presented. Aye: 4; Nay: 0 ( Councilmember Fields not yet present) II. VISITORS TO BE HEARD There were no visitors to be heard. III. JOINT MEETING WITH EAGAN'S LEGISLATIVE DELEGATION Mayor Maguire welcomed State Senator Carlson and Representatives Masin and Obermuller. Mayor Maguire noted that Representative Hansen and Senator Metzen were unable to attend this evening. Mayor Maguire noted that it is the tradition of the City Council to meet with the legislative delegation at the beginning of each year prior to the start of the legislative session. Mayor Maguire went on to summarize the legislative priorities and positions for the City of Eagan, including the City's focus on three priorities, which are: 1) the need for reform and better transparency in the relationship between the state and cities in terms of the allocation of state aid, including the Market Value Homestead Credit (MVHC) program; 2) as a result of the current recession, it is important for cities to have greater flexibility to extend or modify existing Tax Increment Financing districts that are not currently able to proceed with new development to generate new tax base until markets stabilize and will support new construction; and 3) allocation of bonding funds to erect a memorial tribute in Eagan to honor public servants who have lost their lives in the line of duty. Councilmember Fields arrived at 5:45 p.m. N Special City Council Minutes January 12, 2010 Page 2 City Administrator Hedges provided additional information regarding the City's overall legislative priorities, including the need for the state to protect City fund balances should the state look to utilize such fund balances to address the state's budget deficit. The City Council and legislative delegation dialogued about the City's priorities. A discussion was also held regarding the success of the Northwood Overpass, as well as the need for additional State transportation funding in the City. Each member of the legislative delegation provided an update on the key initiatives they will be working on in 2010. The City Council recessed at 6:50 p.m. The City Council resumed at 7:02 p.m. IV. FIRE SAFETY CENTER UPDATE City Administrator Hedges introduced the item noting that an update is being provided on plans for the Fire Safety Center and noted that no formal action is required by the Council. Fire Chief Scott provided additional background on the development of the plans for the Fire Safety Center. Tom Ginter, of Bossardt Corporation, reviewed the proposed timeline for the project and provided an update on the project budget. Sam Bontrager, of SEH Architects, presented updated design plans to the Council for review and input. Mr. Bontrager also noted the recommendation of the Finance Committee to include two alternatives with the Fire Safety Center bid, which would be the interior remodel of Fire Station No. 3 and the remodel of the former Dispatch Center in the Police Department. The City Council discussed the progress to -date on the Fire Safety Center design and budget. The City Council provided direction for the Finance Committee to continue to review funding options associated with the Fire Safety Center Project, and also provided direction to include the two proposed remodeling projects as alternative bids. V. UPDATE ON CIVIC ARENA GEOTHERMAL GRANT City Administrator Hedges introduced the item noting that on August 3, 2009 the City Council approved the application for a 50 percent matching grant as part of the Recovery Act - Geothermal Technologies Program for Ground Source Heat Pumps. Hedges noted that in October of 2009, the City was notified that Eagan's application had been selected for negotiation leading to an award of $1,338,000. The grant would require a 50 percent match by the City. Parks and Recreation Director Seydell Johnson provided additional background on the grant, noting that if the City proceeds with the Geothermal Grant, there may be an opportunity to leverage the grant dollars in a way to include the replacement of the west rink flooring, which is estimated to cost approximately $500,000. It was noted that the preliminary cost estimates indicate that with the geothermal component, combined with the low -E ceilings, will result in the Special City Council Minutes January 12, 2010 Page 3 near elimination of natural gas costs for the Civic Arena, which equates to $72,000 in 2009 and $91,000 in 2008. The City Council discussed the requirements of the grant program as well as trends in natural gas costs. The Council directed the Finance Committee to review the proposed Geothermal Grant, including natural gas projections and their impact on the payback period, as well as grant requirements and the opportunity to tie in a new west rink floor. VI. OTHER BUSINESS There was no other business. VII. ADJOURNMENT Councilmember Fields moved, Councilmember Hansen seconded a motion to adjourn the meeting at 8:00 p.m. Aye: 5; Nay: 0 la Agenda Information Memo February 2, 2010 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Promotion/Engineering Aide -- ACTION TO BE CONSIDERED: To approve the promotion of Jeanette Johnson from Clerical Tech III to Engineering Aide. FACTS: • At the January 5, 2010 City Council meeting, approval was given to changing the name of the vacant Engineering Secretary position to Engineering Aide. • The position was advertised internally and the job was offered to Jeanette Johnson, Clerical Tech III in Engineering. 11 Agenda Information Memo February 1, 2010 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated January 14, 2010, January 21, 2010 and January 28, 2010 as presented. ATTACHMENTS: • Check registers dated January 14, 2010, January 21, 2010 and January 28, 2010 are enclosed without page number. la Agenda Information Memo February 1, 2010 Eagan City Council Meeting D. PROJECT 1012, DUCKWOOD DRIVE/ STATION TRAIL STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the draft feasibility report for Project 1012 (Duckwood Drive & Station Trail — Street & Utility Improvements) and schedule a public hearing to be held on March 2, 2010. FACTS: • The City of Eagan has negotiated the acquisition of a 4 -acre parcel at the northeast corner of the property formerly known as the Carriage Hills Golf Course. With the City Council's approval, a new fire station will be constructed on this parcel located southwest of the intersection of Yankee Doodle Road (County Road 28) and Wescott Woodlands. • In order to provide adequate access and utility services to the site, street and utility improvements (Station Trail) should be considered adjacent to the proposed parcel, as well as the extension of Duckwood Drive to Wescott Woodlands. • An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed revisions to the improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for Tuesday, March 2, 2010. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. Agenda Memo February 1, 2010 Eagan City Council Meeting E TRANSPORTATION INFRASTRUCTURE NEEDS ANALYSIS (TINA) ACTION TO BE CONSIDERED: Authorize the preparation of an update to the Transportation Infrastructure Needs Analysis (TINA). FACTS: • One of the City Council goals adopted subsequent to the 2005 City Council Goal Setting and Visioning Retreat related to an initiative to secure funding sources to expand the transportation infrastructure to meet the transportation needs of the community. In response to that directive, the TINA was developed which identified the 20 year projected needs for both system preservation and expansion. It also reviewed the sources of current revenue, identified other potential sources and compared their projected capabilities to the estimated system needs. As a result, the report projected the estimated shortfall of funding necessary to accommodate the 20 year needs. In 2007, an update to the 2005 TINA was completed to incorporate the following detailed traffic studies and/or financial analyses which provided enhanced information relevant to the TINA: Northeast Eagan Land Use Study; Yankee Doodle Rd Corridor /Access Management Study; Dakota County North -South Corridor Study; TH 149 Reconstruction; Northwood Parkway Overpass; and the USPS Bulk Mail Facility Expansion. Changes to the economy, related agency work plans and funding opportunities since the last update make it prudent to complete an update to the TINA in 2010. Iq Agenda Information Memo February 1, 2010 Eagan City Council Meeting F. PROJECT 10168. AMES CROSSING ROAD STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the draft feasibility report for Project 1016R (Ames Crossing Road — Street & Utility Improvements - Revised) and schedule a public hearing to be held on March 2, 2010. FACTS: • On April 21, 2009, the City Council received a petition from Matt Miller, Interstate Partners, the owner and developer of the Boulder Lakes Business Park and authorized the preparation of a feasibility report identifying the scope, cost, financing and schedule for the utility and street improvements to connect the north and south portions of Ames Crossing Road to serve the development and the surrounding area in northeast Eagan. • The northern portion of Ames Crossing Road, south of O'Neill Road, was constructed in 2007 with the Novus Addition (Trinity School at River Ridge). The southern portion of Ames Crossing Road, north of Lone Oak Road, was completed in 2008 with the Boulder Lakes Business Park. • On September 1, 2009, the City Council held a Public Hearing for Project 1016 — Ames Crossing Road Street & Utility Improvements, authorized the preparation of detailed plans and specifications, and the acquisition of easements through quick -take eminent domain process, if necessary. The feasibility report approved with the project indentified a north -south alignment of the Ames Crossing Road extension located within easements to be acquired solely from the Cole Family property. • In subsequent meetings between City staff, affected property owners (Cole Family Enterprises, representatives of Northwest/ Delta) and the petitioner (Interstate Partners), another alignment option was discussed that provides for curving Ames Crossing Road to the west for possible future public roadway extension through the Northwest/ Delta property to Northwest Parkway. Representatives of Northwest/ Delta have indicated that the potential public roadway extension would provide access to the currently undeveloped portions of the property. • Due to the alternative alignment option and its potential impact to additional properties and the condemnation process to acquire the necessary public rights of way, it is appropriate to hold another public hearing on this project. • An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed revisions to the improvements. • A draft of this revised Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for Tuesday, February 16, 2010. ATTACHMENTS: • Draft Feasibility Report - Revised, attached without page numbers. /S Agenda Information Memo Eagan City Council Meeting Consent February 1, 2010 G. APPROVE RELEASE AND TERMINATION OF CINNAMON RIDGE REGULATORY AGREEMENT FOR CDA REFUNDING ACTION TO BE CONSIDERED: To approve a Release and Termination of the Regulatory Agreement pertaining to the Amended and Restated Regulatory Agreement between the City of Eagan, the Cinnamon Ridge Limited Partnership and the Bank of New York. FACTS: • The City of Eagan issued multi - family housing bonds to assist with project financing at the time the Cinnamon Ridge Apartment development occurred in 1986. • At the time the project was refinanced in 1997, the City entered into a Regulatory Agreement with the property owner and their lender in consideration of the original bonding. • At this time, the property owner is refinancing again in cooperation with the Dakota County CDA. In order for the financing to proceed, the 1997 Regulatory Agreement needs to be addressed. Staff has consulted with the City's bond counsel, Faegre and Benson, who has indicated that the 1997 agreement is no longer necessary and that it can be terminated at this time. • An document to that effect has been prepared and is in order for consideration. ATTACHMENTS: • Release and Termination on pages 1 7 through ih RELEASE AND TERMINATION OF REGULATORY AGREEMENT Effective Date: February 4, 2010 THAT CERTAIN REGULATORY AGREEMENT described as follows: Amended and Restated Regulatory Agreement dated December 1, 1997, executed by and between by and between CINNAMON RIDGE LIMITED PARTNERSHIP, a Minnesota limited partnership ( "Owner ") and CITY OF EAGAN, MINNESOTA, a municipal corporation existing under the laws of the State of Minnesota ( "Issuer "), and THE BANK OF NEW YORK, a New York banking corporation ( "Trustee "), and recorded in the office of the County Recorder, Dakota County, Minnesota, on December 24, 1997, as Document No. 1465656, against the real property as legally described on Exhibit A attached hereto and incorporated herein by reference, is hereby fully released and terminated. (Signature Pages to Follow) '( IN WITNESS WHEREOF, the parties have executed this instrument effective as of the date first written above. OWNER: CINNAMON RIDGE LIMITED PARTNERSHIP, a Minnesota limited partnership By: Shelter Cinnamon Ridge LLC, a Minnesota limited liability company Its: General Partner By: CR Shelter GP LLC, a Minnesota limited liability company Its: Manager By: Lynn Carlson Schell Its: Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2010, by Lynn Carlson Schell, the Manager of CR Shelter GP LLC, a Minnesota limited liability company, the Manager of Shelter Cinnamon Ridge LLC, a Minnesota limited liability company, the General Partner of CINNAMON RIDGE LIMITED PARTNERSHIP, a Minnesota limited partnership. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Winthrop & Weinstine P.A. (ALD) 225 South Sixth Street, Suite 3500 Minneapolis, MN 55402 l§ CITY: CITY OF EAGAN, MINNESOTA, a municipal corporation existing under the laws of the State of Minnesota By: Mike Maguire Its: Mayor By: Maria Petersen Its: Clerk STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 2010, by Mike Maguire, the Mayor, and Maria Petersen, the Clerk, of the CITY OF EAGAN, MINNESOTA, a municipal corporation existing under the laws of the State of Minnesota. Notary Public 11 TRUSTEE: THE BANK OF NEW YORK, a New York banking corporation IM Its: STATE OF ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2010, by , the of THE BANK OF NEW YORK, a New York banking corporation. 4988045v1 14785.1 Notary Public I Ica EXHIBIT A LEGAL DESCRIPTION OF PROJECT The real property located in City of Eagan, County of Dakota, State of Minnesota, and legally described as: Lots 1 through 11 inclusive, Block 1; Lots 1 through 4 inclusive, Block 2; and Lot 1, Block 3, all in Cinnamon Ridge 7th Addition, Dakota County. a� Agenda Information Memo Eagan City Council Meeting Consent February 1, 2010 H. ACCEPT BROADBAND TECHNOLOGY CONSULTANT REPORT ACTION TO BE CONSIDERED: To accept the final report of the City's broadband technology report as outlined at the November 10, 2010 work session and direct staff to proceed as directed to determine the feasibility of the recommended next steps. FACTS: • The Eagan City Council has had an established broadband technology task force (and later Technology Working Group) since 2005. • The City Council has adopted broadband goals since 2007, consistent with pursuing "world class Internet speeds" and connectivity, and ensuring "the economic competitiveness of Eagan's business and residential communities in the global marketplace by anticipating and addressing ... evolving `infostructure "' needs. • On November 10, 2009, at a Special City Council Meeting workshop, members heard a presentation of final recommendations by the City's broadband consultant, Dr. Andrew Cohill of Design Nine in Blacksburg, Virginia. • The City Council concurred with the final two recommendations and directed preparation of the final report and recommended next steps. • The Eagan Technology Working Group reviewed the recommendations and next steps at its January 13, 2010 meeting. A transmittal letter from that group is attached. • No further action is needed at this time. Staff and consultant will proceed, as directed, to determine the feasibility and sequencing of recommended next steps. ATTACHMENTS: • Transmittal Letter from Eagan Technology Working Grou ouughM-7 age . • Summary of recommendations and next steps on page so� t • The complete report is on file with the office of the City Administrator. Eagan City Council transmittal Letter 3830 Pilot Knob Road Eagan, MN 55122 January 29, 2010 Dear Honorable Mayor and Councilmembers, The Eagan Technology Working Group has reviewed the major findings, options and strategies presented in the attached Eagan Broadband Study, completed by the City's broadband consultant, Dr. Andrew Cohill, from Design Nine in Blacksburg, VA. We concur with the recommendations in the Study, and are pleased that at the City Council work session on November 10, 2009, the Council also gave direction to proceed with the next steps described in the Study. We ask that you formally receive and accept the consultant's final report because it is vitally important that Eagan, consistent with the City Council's stated goal, "ensure the economic competitiveness of Eagan's business and residential communities in the global marketplace by anticipating and addressing the evolving'infostructure' bandwidth, capacity and speed needs of Eagan's residents, businesses and employers." While the next steps described in the Study speak first to Eagan's business needs, we're confident that working with the local business community to define the opportunity to build a co- location facility will also serve the best interests of Eagan's residents by attracting additional private providers to Eagan. Further, by identifying opportunities to extend open access fiber in one or two pilot projects with a business focus, there is an opportunity to learn much about the business need for high speed connectivity residentially. We believe the promotion of a robust broadband infrastructure is vital to maintaining Eagan's competitive edge in the market. The Technology Working Group looks forward to continued interaction with the City Council as, together, we strive to advance broadband opportunities and options for the residents of and people who work in Eagan. Respectfully Submitted, Steven T. Chavez on behalf of the Eagan Technology Working Group Q3 In March of 2009, Design Nine identified five preliminary broadband strategies for Eagan. The Federal ARRA stimulus funding had just been announced, and at that time, developing a stimulus proposal was considered a viable option. Unfortunately, following a lengthy delay in the Federal government issuing its rules for qualifying for stimulus funds, it slowly became clear that Eagan did not meet the USDA and NTIA definitions of "unserved" and "underserved." Even though Eagan and metropolitan cities like it have not had fiber build outs to the premise, under the Federal definition, Eagan is fully served and would have a very difficult time qualifying for stimulus funds. "Fully served" is defined as having two or more broadband service providers. Eagan not only has DSL and cable modem service available throughout the City, but the cable pro- vider has rolled out an enhanced service offering that is available in only a few other places in the country. There is a possibility that the rules will change for the second and final round of funding (rules expected in February), but it does not appear likely Eagan would be considered qualified. With the potential for stimulus funding very low, the preliminary recommendations can be merged into two final options, as illustrated below. Preliminary Recommendations Look for public/private partners for a broadband initiative Expand the City's own fiber and conduit network Start two pilot projects Community media master P lan Take advantage of broadband stimulus funding with a shovel - ready project Eagan Broadband Recommendations a� Final Recommendations Consider using City fiber to create a business class network for enterprise, small business, and retail usein Eagan Work with the local business community to build a modest colocation facility to support the fiber network and as redundant data center for Eagan businesses and others needing off -site data storage Page 53 of 59 As part of the discussion on a potential stimulus proposal, the concept of a commercial - grade colocation facility was discussed, and there continues to be significant interest in that option. Without stimulus funding, a more modest but still desirable facility would be an appropriate start, and private funding commitments and/or early "anchor tenant' ' lease commitments could provide additional funds. The second recommended strategy is to have Eagan pursue an open access, "business only" approach to leveraging its existing fiber and duct in the City. By using existing City fiber and providing some additional fiber extensions in key commercial and small business areas of the City, additional competitive broadband service options would become available to Eagan businesses and entrepreneurs. Other communities that have done this have seen sharp reductions in the cost of Internet and phone service —as much as 40% reductions for Internet, and 40% to 65% reductions in the cost of phone service is not unusual. Private sector service providers would sell all services on the network; the City would not compete with the private sector, and would in fact be creating additional private sector jobs and business opportunities. The Finance sub - committee of City Council has been meeting regularly to discuss and re- view options, and its findings were endorsed by the full City Council on November 10th, 2009. In summary, the two recommendations are: • Make City fiber available to commercial and retail businesses throughout the community, using an open access model that would have private sector service providers offering all services. Restricting the network to corporate and retail use would constitute a "pilot" project in the sense that this is a much more modest business approach that would require a much smaller investment by the City than a fiber to the home effort. It would be possible to have businesses connected and using the City fiber in as little as six months because of the simpler and less expensive approach. The approach would be of great interest to local and regional service providers, who would be able to compete very effectively with some of the larger incum- bent providers. • As part of the "business only" approach to opening City fiber, build a mod- est colocation facility —this would be required as part of the fiber network so that service providers have a place to locate equipment needed to offer serv- ices on the network. The facility can be designed so that it can be expanded without great expense if demand for colo space increases. There is some indication that some Eagan businesses would be interested in leasing space in such a facility as anchor tenants. Eagan Broadband Recommendations Page 54 of 59 Ownership and Management Consider an LLLC/LLC or broadband coop as an ownership strategy for infrastructure investments. The strategic objectives for a broadband infrastructure initiative should include: • Ensure that affordable broadband services are widely available to govern- ment, business and residential end users within the city. • Leverage the telecom and broadband infrastructure investments to support broader City economic and community development goals. • Avoid public sector competition with private sector service providers that want to sell services in the region. • Establish an ownership and management structure that is efficient and that does not unduly tax the capacity of staff to manage and maintain the infra- structure. Note that an LLC or coop would not have to have a large staff — specialized operations and maintenance can be outsourced to qualified pri- vate sector firms, so staffing requirements should be manageable. • Ensure that there is adequate revenue derived from the leasing of the net- work to support maintenance, repairs, upgrades, and some expansion. Action Step: The Broadband Task Force should make a recommendation to the City to consider taking a leadership role in the formation of a broadband coop or LLC/LLLC. Public /Private Partnerships The City should not compete directly with the private sector by becoming a service pro- vider. Instead, focus on making investments that support an open access business model that lowers the cost of basic broadband infrastructure for private sector service providers. Action Step: Provide summary recommendations of this report to area service providers and solicit their participation in the effort. City Initiatives There are numerous opportunities for the City of Eagan to make prudent investments in telecom infrastructure without spending large amounts of money, or in some cases, without spending any money at all directly. City policy changes can have a substantial impact on the installed telecom infrastructure in the community over time, if those policy changes are embraced and pursued diligently. Maintain and extend the existing fiber overlay plan for the City that will take fiber to all critical City facilities, including public safety and first responder locations, water and Eagan Broadband Recommendations 52 Page 55 of 59 sewer pump facilities, high water and water monitoring locations, parks and recreation facilities, and all key traffic management equipment. Action Step: Identify and map all recommended areas for possible fiber deployment. Action Step: Develop a fiber overlay plan that identifies all major routes for fiber and all needed wireless tower and/or antenna locations. Action Step: Perform wireless Line of Site (LOS) studies to identify the best locations for addi- tional wireless towers (if needed) and for utilization of existing water and com- munications towers. The City of Eagan should have an "open ditch" policy that considers installing fiber alongside water and sewer extensions and improvements. Action Step: Meet with City department heads and planners to review the fiber overlay plans. Action Step: Develop a policy of including telecom duct in any open ditches (for water and sewer improvements), and other public works projects when the work matches routes in the fiber overlay plan. Fiber cable installed by the City should be designed with additional capacity for future needs and uses. Action Step: Inventory existing fiber cable, identify fiber count for all open reels of cable. Action Step: Standardize on 96 fiber or 144 fiber cable for all future City deployments once current stocks are depleted. The City of Eagan should use its existing fiber backbone, and extend it where needed to provide for wireless hot spot access for police, fire, and other first responder needs. Action Step: Meet with police, fire, and other first responder officials to identify where addi- tional wireless hot spots are needed. Action Step: Add hot spot locations to the fiber overlay plan. Action Step: Compare current wireless expenditures for mobile data access to the cost of migrat- ing to a WiMax solution. Discussion The City should continue to deploy fiber to support first responder and public safety wire- less access to City networks and data in the field. Other communities have found that more public safety officers can be on the streets and available on call for longer periods of time when hot spots are available to allow in -car laptop access to the public safety network. Fire and rescue staff can also benefit from increased access to data while in the field. Eagan Broadband Recommendations Q7 Page 56 of 59 The City should have a pandemic emergency plan in place that would allow city employees to work from home in the case of an epidemic that requires long term quarantines (e.g. 40 days or more). Action Step: The IT department should review the capacity of the city IT infrastructure to have most or all city employees accessing city servers and information from home. Dependencies on data, security issues, and backup strategies should be evaluated for robustness. Eagan and Dakota County should discuss utilization of a next generation network to sup- port shared public safety goals Action Step: City and County planning and IT staff should meet to discuss how a next genera- tion network could improve response and management of public safety emergen- cies (e.g. pandemics, weather catastrophes, etc.). Community Numerous opportunities exist to improve the living and work spaces in Eagan, especially when new construction is underway. Remarkably, many builders and architects still fail to include adequate network cabling in their residential and commercial building designs. The City can play a leadership role by encouraging stepped up private sector investment in telecom infrastructure. All new homes built in Eagan should have appropriate "Internet ready" structured ca- bling in every living space. Action Step: The City should begin meeting with local builders and developers to encourage the inclusion of structured cabling (Ethernet cables) in all new residential single family homes, rental units, and condominiums. Action Step: A short handout should be prepared that describes the adequate level of structured cabling needed in new homes. This should be circulated to City and county planners, local builders, developers, and real estate agents. Action Step: The City should consider using financial and/or tax incentives to encourage devel- opers to construct "Internet ready" homes. Action Step: Eagan officials should work with state officials to encourage the development of updated building codes that would require appropriate structured cabling in new homes. These changes would address the emerging shift to using Ethernet ca- bling for not only Internet access in the home, but also to deliver telephone and TV services. Eagan Broadband Recommendations Page 57 of 59 Discussion The cost of adding structured cabling to a new home is a tiny fraction of the cost of con- struction (typically less than $500). At least three Cat 5e/6 cables should be pulled to every living space in the home (with the exception of bathrooms) to provide for complete voice, video, and Internet access in every room. All cables should be run back to a structured ca- bling panel on an outside wall, near the building entrance for utilities. A recent study showed that homes with fiber to the premise sell for $5,000 to $7,000 more than homes without fiber. All new residential developments in Eagan should have duct from each home to a pedestal or hand hole, and duct from each pedestal or hand hole back to a neighborhood demarca- tion point for network electronics and/or optical splatters. Action Step: All new homes in the City should have telecom duct installed from the home to a City - designated demarc point in the right of way. Homeowners would be respon- sible for the duct to the City demarc point. The City would own the conduit in the right way (pedestal to pedestal duct). Action Step: City planners should begin meeting with developers to discuss this initiative and to help educate developers and builders on the enhanced value that accrues from this investment. Discussion All new residential developments in the City should have telecom duct installed by the builder. Duct would be routed from the side of the home where other utilities enter the home to a nearby pedestal or handhole. Duct from the handhole should run back to a neighborhood cabinet or optical splitter location for network aggregation. The cost of this work is typically only $200 -300 per home. All new commercial and retail buildings constructed in Eagan should have appropriate "Internet ready" structured cabling from a Building Distribution Frame (BDF) to all of- fice and workspaces. Action Step: City planners should begin meeting with developers, builders, and architects to encourage adding appropriate telecom facilities in all new buildings. Discussion All new commercial buildings in the City should include appropriately designed telecom facilities (e.g. telecom closet(s), cable trays in the ceilings, 4" risers between floors, etc.). The building spaces become more valuable, and when the appropriate infrastructure is de- signed in, the cost to the tenants is lower. Eagan Broadband Recommendations a? Page 58 of 59 All new commercial and retail buildings constructed in Eagan should have a minimum of two 4" ducts from a pedestal or hand hole in the public right of way to the telecom closet or BDF (Building Distribution Frame) area. Action Step: All new commercial buildings in the City should have telecom duct installed from the structure to a City - designated demarc point in the right of way. Property owners would be responsible for the duct to the City demarc point. The City would own the conduit in the right way (pedestal to pedestal duct). Action Step: City planners should meet with Cedar Grove developers to encourage them to in- clude appropriate telecom infrastructure as part of the redevelopment effort. Plan to leverage the changes in the public access W facilities to create a world class ex- ample of a fully integrated and IP -based community media system. Action Step: Review existing equipment specifications (servers, video and audio editing equipment and software, network connections, etc.) to ensure that all system components and software will support end to end IP -based delivery of content. Action Step: Review staff training, skills, and experience to ensure that the right skill sets exist to play a significant role in extending and expanding access to an all IP -based community media system. Action Step: Identify a small number of community /civic groups that could play a supporting role in either developing new content and/or promoting the use of such content. Ensure that the businesses of Eagan have adequate and redundant electric power. Action Step: Meet with the two electric power providers in the City to discuss reliability issues and to identify each firm's strategies to upgrade facilities, especially in areas of the city where there are chronic power outages. Action Step: City planners should encourage commercial developers to design redundant elec- tric feeds to major commercial projects (i.e. electric service from two different substations). Discussion Many businesses now conduct online commerce 24 hours a day, and electric power inter- ruptions can be costly in terms of lost revenue. In other areas of the country, some business park managers are aggressively working with local electric providers to ensure that busi- ness and industrial parks have electric power from two different substations. Data server operations and data backup facilities are being relocated to areas with reliable and redun- dant electric power. Eagan Broadband Recommendations WE Page 59 of 59 Agenda Memo February 1, 2010 City Council Meeting I. ACCEPT a Department of Energy Geothermal Grant in the amount of $1,338,000 and APPROVE a Guaranteed Energy Savings Contract, pursuant to Minnesota Statue 471.35 Subd. 13 (b) to Harris Companies in the amount of $3,194,506 to retrofit the mechanical system at the Eagan Civic Arena to reduce energy usage and cost. ACTION TO BE CONSIDERED Accept a 50% matching grant in the amount of $1,338,000 as part of Recovery Act - Geothermal Technologies Program for Ground Source Heat Pumps to reduce the Eagan Civic Arena's energy usage and cost. Approve a Guaranteed Energy Savings Contract, pursuant to Minnesota Statute 471.35 Subd. 13 (b) to Harris Companies in the amount of $3,194,506 to retrofit the mechanical system at the Eagan Civic Arena and replace the west arena floor with other energy related improvements. Direct staff to work with the City's fiscal consultant, Springsted, Inc., to prepare a plan to borrow the funds necessary to finance the balance of the City's contribution to the project. FACTS • On August 6, 2009 a grant was submitted as part of a Department of Energy Recovery Act - Geothermal Technologies Program for Ground Source Heat Pumps for a ground source heat pump demonstration project at the Eagan Civic Arena. • On October 20, 2009 the City was notified that the application had been selected for negotiation leading to an award of $1,338,000 that required a 50% match. • On November 17, 2009 the City Council approved the Phase 1 technical study and final estimates for the project which was designed to complete more detailed engineering to better define the projects costs and measurable energy savings in order to determine the viability of the project. • On January 12, 2010 the City Council was asked to provide staff direction regarding the Council's desired process to determine and choose financing options for the 50% grant match and whether or not to include the replacement of the west arena floor in the financing considerations. The Council deferred the discussion to the Finance Committee. • On January 26 the Finance Committee met to review the proposed project and discuss its scope and potential funding options. l� • After a review of the project with Harris Companies which included costs, funding scenarios and project timeline the Finance Committee discussed several options and alternatives and is making the following public policy recommendations to the full Council: o To proceed with the project and to include both the geothermal improvements and the west arena floor and related improvements with a total project cost of $3,194,506. o To use $97,000 of the Civic Arena Renewal & Replacement balance (related to equipment being replaced) and borrowing to fund the City's share of the project. o To direct staff to work with the City's fiscal consultant, Springsted, Inc., to prepare a plan to borrow the necessary funds; i.e. internally borrowing or externally borrowing and coordinating the new debt service with the existing debt service to help ensure continued positive cash flows from arena operations. • A complete sources and uses of funds is as follows: Sources: ___W _$ . Grant ._.__ � ._._...._....,.... 1,338,000 Utility Incentives 30,000 City R & R Funds 97,000 Bonding _ .d. _ n... 1,729,506 $ _... 3,194,506 .___ . Uses: Geothermal Project $ 2,735,270 Floor & Related Improvements 459,236 $ 3,194,506 • Although not necessarily a defining determinant of a "go or no go" on this project, the simple payback period on the City's investment is 12.7 years including the floor repairs and 10.1 years without the floor repairs. ATTACHMENTS: None 3c� Agenda Information Memo February 1, 2010, Eagan City Council Meeting A. CONDITIONAL USE PERMIT — M & L INDUSTRIAL PROPERTIES ACTION TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Conditional Use Permit to allow the outdoor storage of up to 32 vehicles and dumpsters on property located at 3285 Terminal Drive and legally described as Lot 3, Block 1, Tan Me Industrial Park, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: ➢ The applicant is proposing the outdoor storage of up to 32 vehicles (a variety of trucks, semi tractors, trailers and company vehicles) and dumpsters. ➢ The property is zoned I -1 (Limited Industrial), and surrounded by similar zoning districts and businesses with outdoor storage. ➢ The proposed outdoor storage occurs in the rear yard and through the conditions of approval will meet the outdoor storage requirements. ➢ The applicant is proposing the existing gravel surface remain for a portion of the outdoor storage area; however, gravel is not an allowed surface material. ➢ The Advisory Planning Commission (APC) is recommending a recycled bituminous surface similar to outdoor storage lots within the City that have been allowed to use recycled bituminous aggregate surfacing for outside storage areas. ➢ The APC held a Public Hearing on January 26, 2010 and is recommending approval. ISSUES: ➢ The applicant's narrative seeks approval for storing two dumpsters (20 yd & 2 yd) in the outdoor storage area; however, this is a performance standard, not a "use" issue. ➢ The APC added a condition requiring the dumpsters to be stored within enclosures, per City Code, and specifically denied the request to allow the dumpsters as outdoor storage. 60 DAY AGENCY ACTION DEADLINE: February 13, 2010 ATTACHMENTS (3)• Location map on page Draft January 26, 2010 APC minute on page��—� Staff report on pages through 3ls AL-MR WWI Advisory Planning Commission January 26, 2010 Page 2 of 10 IV. PUBLIC HEARINGS A. M S L Industrial Properties Applicant Name: M &L Industrial Properties Inc Location: 3285 Terminal Drive; Lot 3, Block 1, Tan Me Industrial Park Application: Conditional Use Permit A Conditional Use Permit to allow outdoor storage of trucks and trailers. File Number: 08- CU- 19 -12 -09 Planner Thomas introduced this item and highlighted the i ation presented in the City Staff "' report dated January 21, 2010. She noted the backgrougr„xy.F,_=, history. Chair Chavez opened the public hearing. Linda Remick, President of M &L Industrial Pra surface for the parking area, rather than install properties with similar outdoor storage appear Assistant City Engineer, John Gordo existing surface due to the weather. reduce sediment tracking onto adjac been approved and used on nearby those sites in the spring Chair Chavez statect`tt °Advisoi nature and cannot ch4iige, requi submitted for those Darcr la :,. There to s Inc, stated pref "i , , e to keep the Class 5 bituminous surface." he noted that other ve the Class 5 surface � F4, ,, Staff cai t> ti termine the currenf Condition of the ined the pure of the bituminous surface is to �ts He also `oied that recycled bituminous had s a �t staff'd verify the conditions on inning Oft"Jon hat "On consistent in its rulings of this nts of nei t108ring properties unless an application is ` public hearing and turned the Membera moved, Meer Hea�� seconded a motion to recommend approval of a Conditional Permit (CUP)�o allow =tea outdoor storage of a maximum of up to 32 vehicles (a variety of truic€ssemi tractor,railers and company vehicles) and psteFS on property located at 3285 Tettxtinal Drive legally described as Lot 3, Block 1, Tan Me Industrial Park, subject to the followit *i .q, ti ft as amended. 1. This Conditional U9 P &mit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The outdoor storage shall be limited to a maximum of 32 vehicles and located in the outdoor storage area as identified on the Site Plan received January 6, 2010. 3. The applicant shall submit a revised Site Plan identifying 21 parking stalls, striped per Code Requirements and reflect the 4 foot berm as identified on the Landscape Plan. 4. Outdoor storage shall be limited to operational vehicles and associated with the tenants' businesses. 5. The storage area shall be maintained in an orderly fashion. 6. Landscaping shall be installed according to the Landscape Plan dated January 6, 2010 and planted by July 1, 2010. 35— Advisory Planning Commission January 26, 2010 Page 3 of 10 7. The applicant shall submit a landscape escrow in the amount of $7,500 prior to recording of the Conditional Use Permit, 8. The applicant shall install the fence as identified on the Site Plan dated January 6, 2010 by July 1, 2010. The six foot chain link fence covered with the mesh material shall be extended into the front yard, adjacent to Sun Drive, to screen the proposed truck parking. 9. The applicant shall obtain a grading permit from the City prior to the construction of the proposed outdoor storage and parking areas. 10. The outdoor storage areas shall not be surfaced with gravel base, Class V or otherwise. 11. All parking and storage areas shall be properly maintained to prevent deterioration. 12. 12. (B) If recycled asphalt aggregate is used for the o storage areas, the site will be subject to periodic review by city staff for adequ x;#`the material to control dust and drainage. The first review will occur two year$s�x "' approval of this permit. If the material is determined to be inadequate, the wil iuire that it be replaced with bituminous asphalt. ,r= 13. The applicant shall install physical mea ,, to discourage Vfaj'ples from using Terminal Drive as an access. . '4 14. The applicant shall enclose the trash and�:r'scycling containers in Ogclosure that meets City Code requirements no later than July 1, QO A vote was taken. All voted in Member Heaney moved, dumpsters on property to Tan Me Industrial Park,,,.,, " - A vote was taken. Member Dui ated at 3285 carried 5 CIO a lI deny the outdoor storage of described as Lot 3, Block 1, PLANNING REPORT CITY OF EAGAN REPORT DATE: January 21, 2010 APPLICANT: M & L Industrial Properties PROPERTY OWNER: Same REQUEST: Conditional Use Permit LOCATION: 3285 Terminal Drive CASE: 08- CU- 19 -12 -09 HEARING DATE: January 26, 2010 APPLICATION DATE: Dec. 16, 2009 PREPARED BY: Sarah Thomas COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I -1, Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to allow the outdoor storage of up to 32 vehicles (a variety of trucks, semi tractors, trailers and company vehicles) and dumpsters on property located at 3285 Terminal Drive and legally described as Lot 3 Block 1, Tan Me Industrial Park. AUTHORITY FOR REVIEW Conditional Use Permit: City Code Chapter 11, Section 11.50, 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: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. 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. Pit Planning Report — M & L Industrial Properties January 26, 2010 Paee 2 4. 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. 5. 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. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8. Is appropriate after considering whether the property is in compliance with the City Code. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. In addition to the requirements for a conditional use permit listed above, City Code Section 11.70, Subdivision 22, C, 2, lists performance standards for outdoor storage that are addressed later in this report. BACKGROUND/HISTORY Tan Me Industrial Park was platted in 1996. The 2 acre site contains a 12,000 SF office /warehouse building, constructed in 2001. EXISTING CONDITIONS City staff visited the site on January 15, 2010 and found numerous vehicles that appeared to be inoperable, either due to expired tabs or condition of the vehicle. The outdoor storage should be for operable vehicles and associated with the tenants' businesses only. The approved landscape plan associated with approval of the Building Permit in 2001 has not been implemented. The applicant must landscape the site. -3E? Planning Report — M & L Industrial Properties January 26, 2010 Page 3 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Compatibility with Surrounding Area — Outdoor storage is a conditional use in the I -1 zoning district. The proposed use appears compatible with the surrounding properties and existing uses. Site Plan — The applicant proposes the outdoor storage of items that pertain to the tenants' businesses. Specifically, the items include trucks (straight trucks and storage truck boxes), semi tractors, trailers and company vehicles (cars and vans). The Site Plan received January 6, 2010 provides the location of the outdoor storage, with a maximum of 32 vehicles. Outdoor Storage — The standards for outside storage found in City Code Section 11.70 Subd.22 are outlined below. 1. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. A six foot wood fence encloses a 1,500 SF area on the south side of the building. The applicant has proposed the storage area to be enclosed by a six foot chain link fence that extends from the existing fence, around the perimeter of the outdoor storage area. The fence is proposed to be covered with a black mesh material. The applicant should extend the six foot chain link fence covered with the mesh material into the front yard, adjacent to Sun Drive, to screen the proposed truck parking. 2. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. All setbacks appear to be met. 39 Existing Use Zoning Land Use Designation North Warehousing I -1, Limited Industrial IND, Limited Industrial South Warehousing/storage I -1, Limited Industrial IND, Limited Industrial East Manufacturing and Warehousing I -1, Limited Industrial IND, Limited Industrial West Office/storage I -1, Limited Industrial IND, Limited Industrial EVALUATION OF REQUEST Compatibility with Surrounding Area — Outdoor storage is a conditional use in the I -1 zoning district. The proposed use appears compatible with the surrounding properties and existing uses. Site Plan — The applicant proposes the outdoor storage of items that pertain to the tenants' businesses. Specifically, the items include trucks (straight trucks and storage truck boxes), semi tractors, trailers and company vehicles (cars and vans). The Site Plan received January 6, 2010 provides the location of the outdoor storage, with a maximum of 32 vehicles. Outdoor Storage — The standards for outside storage found in City Code Section 11.70 Subd.22 are outlined below. 1. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. A six foot wood fence encloses a 1,500 SF area on the south side of the building. The applicant has proposed the storage area to be enclosed by a six foot chain link fence that extends from the existing fence, around the perimeter of the outdoor storage area. The fence is proposed to be covered with a black mesh material. The applicant should extend the six foot chain link fence covered with the mesh material into the front yard, adjacent to Sun Drive, to screen the proposed truck parking. 2. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. All setbacks appear to be met. 39 Planning Report — M & L Industrial Properties January 26, 2010 Page 4 3. The outdoor storage area shall be screened from view from the public right -of -way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. The adjacent properties are zoned and guided for industrial use and screening is not required from adjacent parcels that are zoned I-1; however, landscaping that was to have been - planted with the original building permit will assist with screening from adjacent properties. The proposed storage area is further screened from the public view by the proposed chain link fence and black mesh material. 4. The storage area shall not interfere with any pedestrian or vehicular movement. The applicant's narrative indicates that the storage will not interfere with any pedestrian or vehicular movement. 5. The storage area shall not take up required parking spaces or landscaping areas. The 12,000 SF warehouse building requires 21 parking spaces. The Site Plan identifies 16 parking spaces with a temporary curb edge and the availability of an additional nine parking spaces. The applicant should submit a revised Site Plan identifying 21 parking stalls, striped per Code Requirements. The Site Plan should also reflect the 4 foot berm proposed on the Landscape Plan to deter vehicles from accessing Terminal Drive, as there is not a curb cut at this location. 6. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. The applicant is proposing to maintain a majority of the parking and material storage area with a gravel surface, which is further discussed later in this report. Trash Containers — The Site Plan identifies a 20 yard dumpster to be located in the west corner of the site, behind a six -foot cyclone fence. The fence is proposed to be covered with a black, mesh material. The proposed location of the scrap trailer provides screening from public- right -of way. The Site Plan also identifies a trash dumpster located adjacent to the building. The approved Site Plan with the building permit did not identify a trash dumpster. City Code requires trash dumpsters to be enclosed. The enclosure must be constructed of materials to match the exterior of the principal structure or located indoors. ParkingJ Storage Area Maintenance — The applicant currently utilizes the truck/ vehicle parking and material storage areas in the southwest corner of the site with a minimally - maintained, thin gravel surface. With the original building permit (Phase I), this area was proposed to remain as green space until further addition to the building (Phase II), where it was to be paved and constructed with concrete curb & gutter around the perimeter, similar to the existing parking areas around Phase I. Planning Report — M & L Industrial Properties January 26, 2010 Page 5 The applicant is not proposing to construct the perimeter of the outdoor stage areas with concrete curb and gutter. City Code requires that all off - street parking and storage areas be surfaced with a material to control dust and drainage, and that the surface shall be properly maintained to prevent deterioration. The current gravel surface does not meet these requirements. Bituminous asphalt is the most - widely -used surfacing material to accomplish this requirement and is required for off -street parking areas. There are a number of outdoor storage lots within the City that have been allowed to use recycled bituminous aggregate surfacing for outside storage areas. Those conditional use permits that have allowed recycled asphalt aggregate have included a condition for a periodic staff review of the condition of the surfacing to determine its adequacy for dust and drainage control. If recycled bituminous aggregate is used, such periodic review should be a condition of approval. If, upon review, the recycled bituminous aggregate surface is determined to be inadequate, the City will require the storage lot to be resurfaced with bituminous asphalt. The applicant should obtain a grading permit from the City prior to the reconstruction of the proposed outdoor storage areas. Storm Drainasze — No additional improvements to the existing storm drainage system are necessary with this application. Utilities — The existing building on the site is connected to the City sanitary sewer and water main systems. No additional connections are proposed with this application. Access — Permanent access to the site is currently from two driveway entrances onto Sun Drive (private street). Vehicles are periodically using Terminal Drive to access the site, which does not have a curb cut or driveway entrance, by hopping the barrier curb. The applicant should install physical measures to discourage vehicles from using Terminal Drive as an access. SUMMARY /CONCLUSION The applicant is requesting approval of a Conditional Use Permit (CUP) for the outdoor storage of a variety of trucks, semi tractors, trailers and company vehicles. These vehicles should be operable and associated with the tenant's businesses. The site is located in an industrial area and the proposed outdoor storage occurs on the rear yard of the property. Through the conditions of approval, the outdoor storage standards will be met. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit (CUP) to allow the outdoor storage of a maximum of up to 32 vehicles (a variety of trucks, semi tractors, trailers and company vehicles) and dumpsters on property located at 3285 Terminal Drive and legally described as Lot 3 Block 1, Tan Me Industrial Park. If approved, the following conditions should apply: 41 Planning Report — M & L Industrial Properties January 26, 2010 Page 6 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The outdoor storage shall be limited to a maximum of 32 vehicles and located in the outdoor storage area as identified on the Site Plan received January 6, 2010. 3. The applicant shall submit a revised Site Plan identifying 21 parking stalls, striped per Code Requirements and reflect the 4 foot berm as identified on the Landscape Plan. 4. Outdoor storage shall be limited to operational vehicles and associated with the tenants' businesses. 5. The storage area shall be maintained in an orderly fashion. 6. Landscaping shall be installed according to the Landscape Plan dated January 6, 2010 and planted by July 1, 2010. 7. The applicant shall submit a landscape escrow in the amount of $7,500 prior to recording of the Conditional Use Permit. 8. The applicant shall install the fence as identified on the Site Plan dated January 6, 2010 by July 1, 2010. The six foot chain link fence covered with the mesh material shall be extended into the front yard, adjacent to Sun Drive, to screen the proposed truck parking. 9. The applicant shall obtain a grading permit from the City prior to the construction of the proposed outdoor storage and parking areas. 10. The outdoor storage areas shall not be surfaced with gravel base, Class V or otherwise. 11. All parking and storage areas shall be properly maintained to prevent deterioration. 12. (A)The proposed outdoor storage areas shall be surfaced with bituminous asphalt. •' 12. (B) If recycled asphalt aggregate is used for the outdoor storage areas, the site will be subject to periodic review by city staff for adequacy of the material to control dust and drainage. The first review will occur two years following approval of this permit. If the material is determined to be inadequate, the City will require that it be replaced with bituminous asphalt. 13. The applicant shall install physical measures to discourage vehicles from using Terminal Drive as an access. Subject Site �r Current Zoning and Comprehensive Guide Plan M & L Industrial Properties Land Use Map Conditional Use Permit 08-CU-19-12-09 Zoning Map P o �• • E Location ' T Current Zoning: Limited Industrial PF •� r + .�. V 1 pr a eog o as 12oo F." PD _ ! Comprehensive Guide Plan Land Use Map Current Land Use Designation., IND Limited Industrial goo o gar tzog r." r o� /I ■� K7I ,r t j RISE R iiVM❑ IM7 -LNID or ia� i OM �Sa Aw, a. PawN baa wap��bb oa pr.rM.d by adder. County land awvoy D.pwgnaat D.awbar zoos. N 2r1*= -S hdwMUoa waktaMad by c/4' Staff. My f EaQall W E C THIS NAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this Information. s a ` -A zG �A r r ty �'y�, i1• � ++" $.k� SKr''- TSi[��' �� ��y�.�„R• .1� - r 2 a •� .. t� � r >I � i• Vii— � � rJ. "i: �- ,a A „rY0. pt� z ts• k F ��a x r I; m a r I& SITE PLAN 1 � ♦ ♦t t } ! ` ` i ,`• 't = t t ` fit"' i '1 i� , t ^,- /` ♦ l woel¢wrrsrin►rx� � ' ! I ! ! ! ! ! f `, M a }• g N Ic— t a k i p" G � t ^ � aaa • aaa !X p • t t ! � S � � s v v w r rr1 v t._ a a w N f t t t t a t f} 3A /M(7 NRS 4 f t ma I f --i C-) IRA I H % a CCSS t} r f a} } ♦ rt } 4 t r at fa } t ♦rf t ♦ f a tt rt } as t f f • t t p ♦ a } � a y t f t k t f FIDSa7 k f a t i t v w r rr1 v t._ a a w N f t t t t a t f} 3A /M(7 NRS 4 f t ma I f --i C-) IRA I H % a CCSS rn m C M 0 z 0 W O as { Z 2 a r Ci •i i! .r +i IrC� w. M� .0 4 i • `gr � A i • • • • n •• • • • 1 •• LANDSCAPE PLAN yJ � I �•�C I I I I r • rc�vJrtmrw�t Y A � ��pi W.. i-__ I __ t J J �� •J' i T ' M U- 1 f n 1 h 3niba, erns R 1 I R 47 _ - -- - 2RECEIVED JAN 062010 M &L Industrial Properties, Inc 3285 Terminal Drive January 05, 2010 Eagan, MN 55121 M &L Industrial Properties is a real estate company that owns a 12,032 ft. sq. building at the property on lot 3 block 1 Tan Me Industrial, which sits on the northwest corner of the lot located at 3285 Terminal Drive, Eagan, MN 55121. The purpose of the company is to lease out building and storage space to businesses. Currently M &L has 4 tenants. Two of them are delivery companies that require out storage for there trucks. One tenant does internet retail and requires no storage except for a recycling dumpster. The forth tenant mentioned in my previous narrative with the boat and out door storage of shop equipment is moving out by the end of Jan. 2010. We are proposing a Conditional Use Permit to allow out door storage for the tenants company vehicles and trailers and dumpsters. The parking spaces are marked on the site plan. All these parking spaces would be for overnight parking of company vehicles and employee cars when they are out of town for a couple days or so. These spaces are for twelve 24' straight trucks behind the building, seven semi tractor parking spaces in the back corner of the building. There are currently 2 empty storage truck boxes marked next to the dumpster. They are currently empty, but sometimes have empty pallets stored in them for a short time. Also proposed are five spots for semi trailer parking. These trailers are empty when on the lot unless loaded the night before for delivery next day. There are also six spaces for cargo vans and car parking marked on the site plan behind the building. The reason for the extra spaces is for the interest in a future tenant with the need for the parking spots for his semi tractors and trailers. Parking shown on the original plan in the middle of the lot has been eliminated for easier parking and turn around for other vehicles. M &L is proposing a 6' high chain link fence with a black mesh on the south side from the building to the existing fence and a 6' fence all along the back of the property to also connect with the existing fence with a black mesh for more privacy as out lined on the site plan. There is currently a 6' wood fence 24'x64' attached to the south side of the building that was used to store parts and a boat that will be empty at the end of Jan. M &L has a 20 yard dumpster container in the back south west corner of the property for its tenant's office waste and packaging waste (etc: broken down crates, packing material.) Also on the site plan is shown a smaller 2 yd dumpster container for cardboard use only. This tenant does retail and recycles cardboard. This container is located directly behind the building by his dock door. M &L would like to get a C.U.P. to keep it there. M &L has proposed a change in the landscape design on the south side of the lot. When you look at the landscape plan the 25 mitigation Black Hills Spruce has been changed to 5 instead of 25. The reason is to add variety to the landscape and add 12 White Pines and 12 Norway Pines that are native to Minnesota. When you look at the plan I have added some Lilac and Sumac to the south so I can move some of the mitigation trees more to the side and the front of the building for better privacy enclosure. I have listed on the plan where the new proposed trees would be placed and how many. There is also a change in the back of the building where the trucks park. Originally there was proposed nothing there and now there is 30 Hedge Cotoneasters, these are currently 4' tall and will grow to 6' tall. Another change is in the front up by the building. Instead of the original plan there are 9 Techny Arborvitae and 10 Rose Plants. This was to eliminate over growth and keep it clean looking by the building. Another change in front now there is existing 7 Soft Maples and a change to eliminate 3 of the Black Hills Spruce so they don't cover up the Maples. I added a Corner Bed to make the Property look nicer, and on the North side I moved the plants away from the building for better growth. I added some boulders and grasses around the transformer for nicer looking coverage. I also relocated the Boulevard Linden to the other side of the back lot entrance do to where it was originally located would be in the middle of the lot. The purpose of changing and moving things is to make the property look nicer and add more privacy without a lot of maintance. The reason M &L Industrial Properties chose this location to build is because the surrounding area has out door storage similar to the type of storage its tenants need. Almost every building on Terminal Drive and Sun Drive has outdoor storage of trucks and trailers or construction equipment of some kind. Sincerely, Linda Remick President M &L Industrial Properties, Inc. I v Agenda Information Memo February 1, 2010, Eagan City Council Meeting B. CONDITIONAL USE PERMIT — CLEARWIRE (KENNEBEC DRIVE) ACTION TO BE CONSIDERED: To approve (OR direct preparation of findings of fact for denial) a Conditional Use Permit to permit a 10' extension on an existing 118' communications tower on property located at 3659 Kennebec Drive, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: At least three votes FACTS: ➢ Clearwire proposes to construct a 10' extension on an existing 118' telecommunications tower at 3659 Kennebec Drive. ➢ The property was originally platted in 1967 and further subdivided without going through a formal subdivision process. ➢ A Conditional Use Permit (CUP) was approved in 1995 for an 80' tower and another CUP approval in 1997 allowed for an extension to 120'. ➢ A Variance was also approved in 1997 to allow the tower height without collocation. ➢ The existing tower is located in the northwest corner of site and a 288 SF brick equipment building is near tower. A 2' (w) x 2' (1) x 4.5' (h) equipment cabinet will be located in a 7' x 7' lease area. Access is provided via a 16 -foot easement. ➢ There are 3 existing providers and 5 total antenna mount locations. ➢ 3 panel antennas and 3 microwave dishes will be placed at the top of the tower. The equipment extends to 130'. ➢ The Advisory Planning Commission (APC) held a public hearing on January 26, 2010 and recommended approval of the request. ISSUES: None 60 -DAY AGENCY ACTION DEADLINE: February 13, 2010 ATTACHMENTS (3): Location Map, pages tlsrouglr-- January 26, 2010 Draft APC minutes, age_ S Planning Report, pages through G8 eft , g MM 6, /IOO'' �%�� `1 �►����•>>`� +`; mod', G� 6rV E�„J` 0 6 LM r i �c' A� CGS d�� �'.�' a �'i�'r� �■ i I ■L�r�f] ro AN �f' �� ` �! �3��ii�.rr.r■..n 0"�IC�, �,��`I rCea I�r<�r�t■�I� ,, Advisory Planning Commission January 26, 2010 Page 4 of 10 B. Clearwire - Kennebec Drive Applicant Name: Clear Wireless, Inc. Location: 3659 Kennebec Drive; Lot 2, Block 3, Cedar Industrial Park Application: Conditional Use Permit A Conditional Use Permit to allow a 10' extension to the wireless communication monopole on the property. File Number: 17- CU- 14 -11 -09 Planner Thomas introduced this item and highlighted the i . tion presented in the City Staff report dated January 21, 2010. She noted the backgro. k history . Chair Chavez opened the public hearing. y' Larry Coleman, Clearwire representative, stat64 Jh 4 purpose is to pro , wireless internet access. He provided visuals and described theqppment proposed HTVlained objection to being involved in the replatting of the property a5" y do note qw n the prop He explained that they are in the process of installing towers on � � sites Eagan whey "X, se is permitted. City Attorney Bob Bauer referenced thefeltdWlft ndition d stated the City does not issue a building permit for unplatted property: the f the afnono ole, antennae panels, 4. A building perm +obtained �f� e p p microwave dries and et i ment cablO k • There being no public cbmtnent, Chair Chavez 61' the public hearing and turned the discussion k,.a tQ,.the Comraissit rt :;vX,_ Discussif»n''occurred`i�4 rding the; replatting of =tfie property and it was determined that the propertys originally p�eti in 1, As such; the condition to plat the property was moot. Member Hey , moved, Member Daley4gconded a motion to recommend approval of a Conditional Usk Permit (CUP) ta":=allow a ten -foot extension on an existing 118' communications tower located at i6axennebeciPrive, legally described as part of Lots 1 and 2, Block 3, Cedar Industrial Park, subld: the fclovving conditions as amended: 1. This Conditional Use NeMit shall be recorded at Dakota County within 60 days of approval by the City Council. 2, The Conditional Use Permit provides for a 128 -foot tall communication monopole and an equipment cabinet as shown of the Site Plan dated January 4, 2010. The antenna panels and microwave dishes extend to 130 feet. No equipment shall exceed 130' in height. 4. A building permit shall be obtained for the extension of the monopole, antennae panels, microwave dishes and equipment cabinets. 1�; _,� Advisory Planning Commission January 26, 2010 Page 5 of 10 5. The applicant shall provide the City documentation from a registered structural engineer confirming the structural integrity of the proposed monopole extension. The documentation shall be submitted with the building permit application. 6. No signage other than for public safety warnings or equipment information shall be affixed to the tower or equipment building. 7. No artificial illumination shall be allowed on the tower except when required by law or by a governmental agency. 8. The monopole and all communications equipment shall be maintained. A vote was taken. All voted in favor. Motion carried 5 -0. e � PLANNING REPORT CITY OF EAGAN REPORT DATE: January 21, 2010 APPLICANT: Clear Wireless, LLC PROPERTY OWNER: Ronald and Lisa Have REQUEST: Conditional Use Permit LOCATION: 3659 Kennebec Drive CASE: 17- CU- 14 -11 -09 HEARING DATE: January 26, 2010 APPLICATION DATE: Dec. 16, 2009 COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I -1, Limited Industrial SUMMARY OF REQUEST Clear Wireless, LLC has requested a Conditional Use Permit to allow a ten -foot extension on an existing 118' communications tower located at 3659 Kennebec Drive, legally described as part of Lots 1 and 2, Block 3, Cedar Industrial Park. AUTHORITY FOR REVIEW Conditional Use Permit: City Code Chapter 11, Section 11.40, Subdivisions 4C and 41) provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. Planning Report — Clearwire/Kennebec Drive January 26, 2010 Page 2 4. 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. 5. 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. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8. Is appropriate after considering whether the property is in compliance with the City Code. Subdivision 41), Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUNDMISTORY Cedar Industrial Park was platted in 1967; however, over time properties were further subdivided without going through a formal subdivision process. For this reason, the subject property consists of a combination of two parcels and must be replatted into one parcel to rectify the non - conformity. The City Council approved a Conditional Use Permit (CUP) in 1995 allowing an 80' cellular antenna tower and an equipment building at this location. In 1997, the City Council approved a CUP to allow a tower extension to 120' as well as a variance to allow the tower without co- locations provided. According to the applicant's narrative, " Clearwire Communications, LLC offers a robust suite of advanced high -speed Internet services to consumers and businesses. As part of a multi -year network build -out plan, Clearwire's 4G service, called CLEAR will be available in major metropolitan areas across the U.S." The new equipment would allow high -speed wireless intemet services to the surrounding businesses and residences. EXISTING CONDITIONS Freightmasters owns a truck and repair shop on this 2.5 acre site. The existing tower is currently at a height of 118' and a 288 SF brick, equipment building is on the property. Both are located in the NW corner of the lot and are accessible to Clearwire by a 16' wide easement. Planning Report — Clearwire /Kennebec Drive January 26, 2010 Paee 3 SURROUNDING USES EVALUATION OF REOUEST Compatibility with Surrounding Area — The proposed additional height to the antenna appears compatible with the industrial land uses in the area. The original 80' tower was found to be compatible with the area and an extension to that tower has previously been granted. There are two other tall structures in the immediate vicinity of the subject site including concrete structures supporting high voltage transmission lines and the smokestack for the Seneca Wastewater Treatment Facility. Site Plan — The plan shows a 7' x 7' area that Clearwire will be leasing for the equipment cabinet. The applicant proposes an "ice bridge" from the cabinet to the existing monopole and a 10' extension to accommodate 3 panel antennas and 3 microwave dishes. According to the applicant, "The ice bridge is the apparatus used to house the cable wires from the cabinet to the tower protecting them from the elements and preventing a trip hazard. At almost any site where you have an outdoor cabinet or shelter adjacent to a tower there . will be an ice bridge present." The proposed Site Plan indicates the 128' monopole will have five proposed antenna mounts. The antennas are located at 64', 84', 101' 116' and 128'. Clearwire's antenna equipment will occupy the 128' location. The other carriers on the tower include: Verizon, Telecom Transport Management, Inc (TTM) and T- Mobile ( Verizon is occupying 2 different mounting heights at both 116' and 84'). Easements/Rights of Way — There presently is a 16'wide non - exclusive access easement from Kennebec Drive to the tower, antennas and building in the rear yard of this site. This was provided with the CUP was granted in 1995. Code Requirements — City Code Chapter 11, 11.70, Subd. 26, E., 2, states that freestanding towers and antennae in non - residential use districts shall be permitted pursuant to a conditional use permit approved by the City Council in Public Facility zoning districts. Such freestanding towers and antennae shall be subject to the following requirements. An assessment of this proposal relative to these provisions follows each item. MO Existing Use Zoning Land Use Designation North Freightmasters I -1, Limited Industrial IND, Limited Industrial South Herregan I -1, Limited Industrial IND, Limited Industrial Distributors Inc East Multi tenant office I -1, Limited Industrial IND, Limited Industrial warehouse West Seneca I -1, Limited Industrial IND, Limited Industrial Wastewater Treatment Facility EVALUATION OF REOUEST Compatibility with Surrounding Area — The proposed additional height to the antenna appears compatible with the industrial land uses in the area. The original 80' tower was found to be compatible with the area and an extension to that tower has previously been granted. There are two other tall structures in the immediate vicinity of the subject site including concrete structures supporting high voltage transmission lines and the smokestack for the Seneca Wastewater Treatment Facility. Site Plan — The plan shows a 7' x 7' area that Clearwire will be leasing for the equipment cabinet. The applicant proposes an "ice bridge" from the cabinet to the existing monopole and a 10' extension to accommodate 3 panel antennas and 3 microwave dishes. According to the applicant, "The ice bridge is the apparatus used to house the cable wires from the cabinet to the tower protecting them from the elements and preventing a trip hazard. At almost any site where you have an outdoor cabinet or shelter adjacent to a tower there . will be an ice bridge present." The proposed Site Plan indicates the 128' monopole will have five proposed antenna mounts. The antennas are located at 64', 84', 101' 116' and 128'. Clearwire's antenna equipment will occupy the 128' location. The other carriers on the tower include: Verizon, Telecom Transport Management, Inc (TTM) and T- Mobile ( Verizon is occupying 2 different mounting heights at both 116' and 84'). Easements/Rights of Way — There presently is a 16'wide non - exclusive access easement from Kennebec Drive to the tower, antennas and building in the rear yard of this site. This was provided with the CUP was granted in 1995. Code Requirements — City Code Chapter 11, 11.70, Subd. 26, E., 2, states that freestanding towers and antennae in non - residential use districts shall be permitted pursuant to a conditional use permit approved by the City Council in Public Facility zoning districts. Such freestanding towers and antennae shall be subject to the following requirements. An assessment of this proposal relative to these provisions follows each item. MO Planning Report — CIearwire /Kennebec Drive January 26, 2010 Page 4 a) The combined height of any freestanding tower and antennae or satellite dishes mounted thereto shall not exceed. (iii) 150 feet, measured from ground elevation of the tower to the highest point of the tower- antenna/satellite dish combination, provided the tower is designed to: (A) Accommodate the applicant's antennae and at least two additional comparable antennae for other communication providers. The existing tower is 118 feet in height. The applicant proposes extending the tower 10 feet. The top of the Clearwire antennae is 130 feet. The applicant's narrative states that the tower was built to accommodate more than one carrier. The submitted plans identify two existing providers; Clearwire would be the third provider with equipment on this tower. 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 setback requirements for the tower and equipment cabinet are satisfied. c) The tower shall be located in the rear yard. This requirement is met. d) The tower shall be self - supporting through the use of a design that uses an open frame or monopole configuration. This requirement is met as the structure is a self - supporting monopole. e) Permanent platforms or structures, exclusive of the tower or antennae, that increase off-site visibility are prohibited. An ice bridge will carry conduit from the equipment cabinet location to the existing monopole. f) Existing vegetation on the site shall be preserved to the greatest possible extent practical. The existing landscaping will remain undisturbed and no additional landscaping is proposed. 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 (l) x 5 feet (h) in size. Accessory equipment will be within a ground mounted cabinet located within the 7' by 7' lease area. The narrative states the cabinet will be 3' x 3', however the detail sheet identifies the cabinets to be 2' (w) x 2' (1) x 4.5' (h). The applicant has clarified that the plan sheet is correct. h) The applicant shall provide a color manipulated "as built" photograph of the tower as proposed for the location. The applicant has provided photo simulations showing two views of the property, both the existing tower and the proposed tower extension. Planning Report — Clearwire /Kennebec Drive January 26, 2010 Page 5 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 collocation site. The city council may find that a preferred collocation site cannot accommodate that planned equipment for the following reasons: (i) The planned equipment would exceed the structural capacity of the preferred collocation site, and the preferred collocation 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 collocation site, and the interference cannot be prevented at a reasonable cost, as certified by a qualified radio frequency engineer, (iii) A preferred collocation 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 collocation site. This code is not applicable to the tower extension. SUMMARY /CONCLUSION The Advisory Planning Commission's review of the CUP is to ensure compatibility with the surrounding uses in the area. The granting of a CUP for a communication tower is based on the following: • The designated location and height of the communication tower should not be obtrusive to the area. • The proposed design and appearance of the tower appears to be compatible with the intended character of the general area. • The conditions of the operation do not appear hazardous or detrimental to health or property of surrounding properties. The ten -foot extension on the existing 118' communication tower, as proposed, appears to meet all applicable Communication Tower zoning code requirements. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit (CUP) to allow a ten -foot extension on an existing 118' communications tower located at 3659 Kennebec Drive, legally described as part of Lots 1 and 2, Block 3, Cedar Industrial Park. If approved, the following conditions should apply: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. '5�? Planning Report — Clearwire /Kennebec Drive January 26, 2010 Page 6 2. The Conditional Use Permit provides for a 128 -foot tall communication monopole and an equipment cabinet as shown of the Site Plan dated January 4, 2010. The antenna panels and microwave dishes extend to 130 feet. No equipment shall exceed 130' in height. 3. The Applicant shall plat and record the properties under common ownership by September 1, 2010. 4. A building permit shall be obtained for the extension of the monopole, antennae panels, microwave dishes and equipment cabinets. 5. The applicant shall provide the City documentation from a registered structural engineer confirming the structural integrity of the proposed monopole extension. The documentation shall be submitted with the building permit application. 6. No signage other than for public safety warnings or equipment information shall be affixed to the tower or equipment building. 7. No artificial illumination shall be allowed on the tower except when required by law or by a governmental agency. 8. The monopole and all communications equipment shall be maintained. �L — - ip;:di��A. Current Zoning and Comprehensive Guide Plan Land Use Map Clearwire /Kennebec Dr Conditional Use Permit 17 -CU- 7471 -09 Zoning Map a Location Land Use Maps Location � 1 Current Zoning: A �� Limited Industrial ' = A% . ' . , s Iw r « ■� r � Myra 4 40. ►y a 64 ►t MO 0 000 1200 F—t Comprehensive Guide Plan /ND Land Use Maps Location � 1 A �� Current Land Use Designation: . ' . , IND Limited Industrial ■� r � Myra 4 D �o•� ►y 0� 000 O 600 1200 F—t Parch ba" mW 1j9*m w prwM" M Wkob County "" SwV" Dap6RmOnt Daembw ZOOS N ,!4 / ZO*bf lMWAMORM moMhG6d by OW itaO: Ut Of fl1I WE �I THIS NAP IS INTENDED FOR REFERENCE USE ONLY Th. City of Eagan and Dakota County do not yuarantoo the accuracy of this Information. S n ;I N T: OF— A .a o", A , N I IS ,t J� I" It" AA 'p rev. At I Oj VIM- s. Ps AS rev. At I Oj VIM- s. Ps e E 1% E In a 0 PZ �LCh E n in 3� N A. to O a tr as 7 a Do Y m � D ym Z > Z m o O Z Z ON ME 0 m n m m v z 0 0 SITE PLAN I\ I ` I �\ I I � PROPEIt�'� LNE _ __ _ • . , erg nui aft 1 A� TO BALD Allei• J C) .i , Api �G O L� g QP O mC Z N L. < Ell m 0 o SITE PLAN ENLARGED O 0 7C �2X �OmX s112 � g Ct a ELEVATION �jjgl ill Jill H01 9 bri X yG ($F }S: F= z� r D $Oj'Xi3 S f�' 2 I I �w I 0� I ig I J6 V A �O bi 4' -y m R n F� FV D V A �O bi 4' -y m R n F� -j 21 CABINET DETAILS P 0 A Z n 0 ..t a z n x 0 M r M/ 99 i a u N w0 5 ill; �a A } MN- MSP0078 3559 Kennebec Or Eagan, MN 55122 Facing Northwest. , sl, �, A r� F a� f id ILIA- _1A e a tix� �,y2H�s wireless broadband EXISTING � y_ • f 1 >b__. MN- MSP0078 3559 Kennebec Dr Eagan, MN 55122 t� Facing Northwest WWT clear, 11, - -. _ ¢-._. st s . ��' A �� yysa °'` � I � ,: ,gyp J�_ � ■ 2 x t} r a wireless broadband PROPOSE g CUP NARRATIVE CONTINUED RE: 3659 Kennebec Dr. RECFIVFD JAN 04 2010 PID # 10- 16800- 024 -03 Clearwire Communications, LLC, an operating subsidiary of Clearwire Corporation (NASDAQ:CLWR), offers a robust suite of advanced high -speed Internet services to consumers and businesses. As part of a multi -year network build -out plan, Clearwire's 4G service, called CLEAR'"', will be available in major metropolitan areas across the U.S., and bring together an unprecedented combination of speed and mobility. Clearwire's open all-11) network, combined with significant spectrum holdings, provides unmatched network capacity to deliver next - generation broadband access. Strategic investors include Intel Capital, Comcast, Sprint, Google, Time Warner Cable, and Bright House Networks. Clearwire currently provides 4G service, utilizing WiMAX Unlike other wireless services, CLEAR delivers a mobile broadband Internet experience on par with speeds typically experienced only on wired connections, like DSL. CLEAR customers can expect to see average download speeds of 3 to 6 mbps with bursts over 10 mbps. The CLEAR customer experience is similar to that provided by Wi -Fi, but without the short range limitations of a traditional hotspot.. CLEAR uses a 4G technology that differs from Wi -Fi called WiMAX, which provides service areas measured in miles, not feet. In these markets, the Clearwire network utilizes an area -wide WiMAX radio system from Motorola. With this type of service it is necessary to have antenna locations in closer proximity to each other than is necessary for a wireless telecommunication provider. Clearwire uses dish antennas that work by line -of -sight and therefore the distance between locations needs to be calculated very carefully to provide the best coverage for their customers. Also, the dishes must be mounted to a structure that will allow for the very least twist-and-sway as to eliminate any connection interruptions. This site was selected because it is an already existing tower and in trying to keep in following with the city's ordinance and concept of keeping towers to a minimum, Clearwire thought that the best approach would be to extend the existing tower instead of building a new tower. Clearwire is proposing to extend the existing 118' tower by 10', thus making the tower a total of 128' in height. The equipment being added onto the tower is 3 panel antennas and 3 microwave dishes. The ground space will be a 3' x 3' cabinet located on a 3'x 6' slab. All building material will be that of which will be determined by the City of Eagan and new landscaping will match any existing landscaping. �0 in Agenda Information Memo February 1, 2010, Eagan City Council Meeting C. CONDITIONAL USE PERMIT — CLEARWIRE (PARKVIEW GOLF COURSE) ACTION TO BE CONSIDERED: To approve (OR direct preparation of findings of fact for denial) a Conditional Use Permit to permit a 10' extension on an existing 100' communications tower on property located at 1310 Cliff Road, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: At least three votes FACTS: ➢ Clearwire proposes to construct a 10' extension on an existing 100' communications tower on property located at 1310 Cliff Road (Parkview Golf Course). ➢ A Conditional Use Permit was approved in 1998 for the 100' tower. ➢ The existing tower is located south of the parking lot, which is adjacent to Cliff Road. A 2' (w) x 2' (1) x 4.5' (h) equipment cabinet will be located in a 4' x 4' lease area. ➢ The existing pole was painted pale blue at the time of installation and the paint is peeling on portions of the tower. The tower should be repainted. ➢ There will be 2 providers on the monopole. ➢ 3 panel antennas and 3 microwave dishes will be placed at the top of the tower by Clearwire. The equipment extends to 112'. ➢ The Advisory Planning Commission held a public hearing on January 26, 2010 and recommended approval of the request. ISSUES: None 60 -DAY AGENCY ACTION DEADLINE: February 13, 2010 ATTACHMENTS (3): Location Map, pages Hite -4+- -- January 26, 2010 Draft APC minutes, pag e Planning Report, pages throug" 170 12 ILI= L;j WIU, I TIM -17 , !EN AIL IRS Advisory Planning Commission January 26, 2010 Page 6 of 10 C. Clearwire - Parkview Golf Course Applicant Name: Clear Wireless, LLC Location: 1290 Cliff Road; Lot 1, Block 1, Parkview Golf Course Application: Conditional Use Permit A Conditional Use Permit to allow a 10' extension to the wireless communication monopole on the Parkview Golf Course. File Number: 34- CU- 15 -11 -09 Planner Thomas introduced this item and highlighted the iq ft "Mion presented in the City Staff report dated January 21, 2010. She noted the backgroyt,f history. Mr. Coleman stated they would like to co- occupy th�,,pd% and ermined the equipment proposed. Chair Chavez opened the public hearing There being no public comment, Chair Chavez clo"d,�the } #lib hearing and ,14 ed the discussion back to the Commission-,,-.----,., Member Daley moved, Member Heanase66id a motioti :.recommend approval of a Conditional Use Permit (CUP) to allow din -foie tension onv *,:existing 100' communications tower located at 1310 Cliff jRoq in the NE"p0ion of Po w Goi urse, one quarter mile east of Pilot Knob Road, so N eRoad, subi0qao cone ions: ZX 1. This Conditional U F,ermit s�� be recor at Dakota County within 60 days of approval by the City Council. 2. The CQti�ak -Use Pd`ftftovrctr a 1'toot tall communication monopole and an equirtem cabi asy shf the Si did January 4, 2010. The antenna panels anc� 8rowave dishesextend t X112 fee ""quipment shall exceed 112' in height. 3. A b t yng permit shale obta�� for the extension of the monopole, antennae panels, microvva dishes and ed pment gets. 4. The applrd0it shall provide ,the City = Documentation from a registered structural engineer confirming t* structural inttity of the proposed monopole extension. The documentation shall be submilto'd,, rith the Mding permit application. 5. No signage otheHih' for }c safety warnings or equipment information shall be affixed to the tower or equipm�blrng. 6. No artificial illumination _toll be allowed on the tower except when required by law or by a governmental agency. 7. Landscaping shall be installed according to the Landscape Plan dated January 4, 2010 and planted by July 1, 2010. 8. The tower shall be sanded and repainted no later than July 1, 2010. 9. The monopole and all communications equipment shall be maintained. A vote was taken. All voted in favor. Motion carried 5 -0. —Z� PLANNING REPORT CITY OF EAGAN REPORT DATE: January 21, 2010 APPLICANT: Clear Wireless, LLC PROPERTY OWNER: Parkview Golf Associates, LLC REQUEST: Conditional Use Permit CASE: 34- CU- 15 -11 -09 HEARING DATE: January 26, 2010 APPLICATION DATE: Dec. 16, 2009 LOCATION: 1310 Cliff Road - Parkview Golf Course COMPREHENSIVE PLAN: P, Park and Recreational Open Space ZONING: P, Park SUMMARY OF REQUEST Clear Wireless, LLC has requested a Conditional Use Permit to allow a ten -foot extension on an existing 100' communications tower located at 1310 Cliff Road in the NE portion of Parkview Golf Course, one quarter mile east of Pilot Knob Road, south of Cliff Road. 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 fords that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. 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. 73 Planning Report — Clearwire/Parkview January 26, 2010 Page 2 4. 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. 5. 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. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8. Is appropriate after considering whether the property is in compliance with the City Code. Subdivision 41), Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND/ FHSTORY The site has been operated as a golf course since 1969. The City Council approved a Conditional Use Permit in 1998 to allow construction of a 100' communication tower on the property. According to the applicant's narrative, "Clearwire Communications, LLC offers a robust suite of advanced high -speed Internet services to consumers and businesses. As part of a multi -year network build -out plan, Clearwire's 4G service, called CLEAR will be available in major metropolitan areas across the U.S." The new equipment would allow high -speed wireless internet services to the surrounding businesses and residences. EXISTING CONDITIONS The site is located on the south side of Cliff Road. The parking lot area for the golf course is located at the north portion of the site along Cliff Road. A retaining wall (approx. 3.5 feet in height) is located along the east portion of the parking lot. Two out buildings are located in the northeast portion of the site. A paved cart path provides access to these buildings. The monopole was painted pale blue at the time of installation and the paint is peeling on portions of the tower. The pole should be repainted. Planning Report — Clearwire/Parkview January 26, 2010 Page 3 SURROUNDING USES EVALUATION OF REQUEST Compatibility with Surrounding Area — The site is adjacent to County Road #32 - Cliff Road. Across Cliff Road to the north are the City's Well #10 and booster station and residential development. The site is bordered on the east and west by single family homes. A 100' communication tower exists on the property. Site Plan — The plan shows a 4' x 4' area that Clearwire will be leasing from AT &T for the equipment cabinet. The applicant proposes underground conduit to the existing monopole and a 10' extension to accommodate 3 panel antennas and 3 microwave dishes. The existing monopole is located west of the existing maintenance buildings about 30' south of the parking lot, approximately 310' from the residential property located to the east of the golf course and north of Cliff Road. The tower extension is proposed to match the existing monopole, which is a pale blue color to blend in with the sky. Code Requirements — City Code Chapter 11, 11.70, Subd. 26, E., 2, states that freestanding towers and antennae in non - residential use districts shall be permitted pursuant to a conditional use permit approved by the City Council in Public Facility zoning districts. Such freestanding towers and antennae 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: (ii) 125 feet, measured from ground elevation of the tower to the highest point of the tower- antenna/satellite dish combination, provided the tower is designed to: (A)Accommodate the applicant's antennae and at least one additional comparable antennae for other communication providers; (B) Accept antennae mounted at varying heights; and (C) Allow the future rearrangement of antennae upon the tower. Existing Use Zoning Land Use Designation North City of Eagan P, Park/R -2, PF, Public Facility/MD, Well #10 & Residential Double Medium Density (4 -12 booster station units /acre) site/Multi- Family South Lebanon Hills P, Park P, Park and Recreational Regional Park Open Space East Single Family R -1, Residential LD, Low Density Single district (0 -4 units /acre) West Single Family R -1, Residential LD, Low Density Single district (0 -4 units /acre) EVALUATION OF REQUEST Compatibility with Surrounding Area — The site is adjacent to County Road #32 - Cliff Road. Across Cliff Road to the north are the City's Well #10 and booster station and residential development. The site is bordered on the east and west by single family homes. A 100' communication tower exists on the property. Site Plan — The plan shows a 4' x 4' area that Clearwire will be leasing from AT &T for the equipment cabinet. The applicant proposes underground conduit to the existing monopole and a 10' extension to accommodate 3 panel antennas and 3 microwave dishes. The existing monopole is located west of the existing maintenance buildings about 30' south of the parking lot, approximately 310' from the residential property located to the east of the golf course and north of Cliff Road. The tower extension is proposed to match the existing monopole, which is a pale blue color to blend in with the sky. Code Requirements — City Code Chapter 11, 11.70, Subd. 26, E., 2, states that freestanding towers and antennae in non - residential use districts shall be permitted pursuant to a conditional use permit approved by the City Council in Public Facility zoning districts. Such freestanding towers and antennae 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: (ii) 125 feet, measured from ground elevation of the tower to the highest point of the tower- antenna/satellite dish combination, provided the tower is designed to: (A)Accommodate the applicant's antennae and at least one additional comparable antennae for other communication providers; (B) Accept antennae mounted at varying heights; and (C) Allow the future rearrangement of antennae upon the tower. Planning Report — Clearwire /Parkview January 26, 2010 Page 4 The existing tower is 100 feet in height. The applicant proposes extending the tower 10 feet. The top of the Clearwire antennas is 112 feet. There will be two providers on the monopole. 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 setback requirements for the tower and equipment cabinet are satisfied. c) The tower shall be located in the rear yard This requirement is met. d) The tower shall be self - supporting through the use of a design that uses an open frame or monopole configuration. This requirement is met as the structure is a self - supporting monopole. e) Permanent platforms or structures, exclusive of the tower or antennae, that increase off -site visibility are prohibited Conduit will be buried underground from the equipment cabinet location to the existing monopole. f) Existing vegetation on the site shall be preserved to the greatest possible extent practical, The existing landscaping will remain undisturbed. The applicant proposes additional landscaping to screen the equipment cabinet. 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 (t) x S feet (l:) in size. Accessory equipment will be within a ground mounted cabinet located within the 4' by 4' lease area. The cabinet is 2' (w) x 2' (1) x 4.5' (h). h) The applicant shall provide a color manipulated "as built" photograph of the tower as proposed for the location. The applicant has provided photo simulations showing two views of the property, both the existing tower and the proposed tower extension. 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 collocation site. The city council may find that a preferred collocation site cannot accommodate that planned equipment for the following reasons: (i) The planned equipment would exceed the structural capacity of the preferred collocation site, and the preferred collocation 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; 7%o Planning Report — Clearwire /Parkview January 26, 2010 Page 5 (ii) The planned equipment would interfere significantly with the usability of existing or approved equipment at the preferred collocation site, and the interference cannot be prevented at a reasonable cost, as certified by a qualified radio frequency engineer, (iii) A preferred collocation 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 collocation site. This code is not applicable to the tower extension. SUMMARY /CONCLUSION The Advisory Planning Commission's review of the CUP is to ensure compatibility with the surrounding uses in the area. The granting of a CUP for a communication tower is based on the following: • The designated location and height of the communication tower should not be obtrusive to the area. The proposed design and appearance of the tower appears to be compatible with the intended character of the general area. The conditions of the operation do not appear hazardous or detrimental to health or property of surrounding properties. The ten -foot extension on the existing 100' communication tower, as proposed, appears to meet all applicable Communication Tower zoning code requirements; however, the paint on the existing tower is deteriorating. The tower should be sanded and repainted. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit (CUP) to allow a ten -foot extension on an existing 100' communications tower located at 1310 Cliff Road in the NE portion of Parkview Golf Course, one quarter mile east of Pilot Knob Road, south of Cliff Road. If approved, the following conditions should apply: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The Conditional Use Permit provides for a 110 -foot tall communication monopole and an equipment cabinet as shown of the Site Plan dated January 4, 2010. The antenna panels and microwave dishes extend to 112 feet. No equipment shall exceed 112' in height. 3. A building permit shall be obtained for the extension of the monopole, antennae panels, microwave dishes and equipment cabinets. 77 Planning Report — Clearwire /Parkview January 26, 2010 Page 6 4. The applicant shall provide the City documentation from a registered structural engineer confirming the structural integrity of the proposed monopole extension. The documentation shall be submitted with the building permit application. 5. No signage other than for public safety warnings or equipment information shall be affixed to the tower or equipment building. 6. No artificial illumination shall be allowed on the tower except when required by law or by a governmental agency. 7. Landscaping shall be installed according to the Landscape Plan dated January 4, 2010 and planted by July 1, 2010. 8. The tower shall be sanded and repainted no later than July 1, 2010. 9. The monopole and all communications equipment shall be maintained. 7�a 1 q ��L _JIMWAIELM l�� �� mac., c�❑ a WARR c�_o oGOi vu rm FA C Mo IN .,R,,cv� 0 ,�- �`7 �Mai �Fm twjd id Ul Aw f �S 3r, Pi n u Ll 0 n 0 i Current Zoning and Comprehensive Guide Plan Land Use Map Clearwire/Cliff Rd Conditional Use Permit Zoning Map Current Zoning: P Park aao O on ,ZOO foot 34- CU- 15 -11 -09 *cqOr&F Pared beao map Mtorm i ProrMod by Dakota Comfy la" Smwy Dpmtmawt Member ZOOS zoeMO hdormaHon saMa/n" by CDy Stan THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee. the accuracy of this Information. N W +E S UN �`�,• ,o dam PC-on 0�7� ©o L11 on - ' °� / ° n n I] u o ►,t, c . +oo LN [ At J D MC`9.������' FE v • Jill A i �c It ILI 7M irk *cqOr&F Pared beao map Mtorm i ProrMod by Dakota Comfy la" Smwy Dpmtmawt Member ZOOS zoeMO hdormaHon saMa/n" by CDy Stan THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee. the accuracy of this Information. N W +E S apppp �n Y► Q O of a cr move CL � a � m g 1Q�Q y 2 o� ' # z W 0 19 w o� r a � X I La A 1 z Z 0 J O =r $a oZ V rr j IL r TI --- 7 t7'1 G � a � 0 e SITE PLAN I I ----------- ------ �1111J_lI_L�_Ll_ -- I2250 APPROX � � �, I ' I 1 1 1 1 C I 1 I 1 I 1 c 25lO' APFi7DX I I I I I 1 ; I — - -- -- I o DUNBMRY LAW �a J I � l I„ �E ° I- - - - - -- 1 ❑s � I U IM i TO RDLL ��\ I ' /�• F i I Rc I -�D65' 1Z_ ; ___ iTO FE9 4CE 1 � I ! l I ❑ L 1 / 1-0 I � / �F fn H N Q O m a a(D,, m� 2 D ; � rn m � z ,o rC x O CA o 0 0O o C'f r 112111511511 8111 m� s� oN a M �o y�y $]aaCC O y y] Sy By 55y ■ li R R R �BBBtit; ro m in SITE PLAN ENLARGED mkn lip,A rbo m x 4 a Yr TOWER ELEVATION n A I? J� 4' -5• TO TOP OF CABMT v� i ,! I o� o� m pi 0 sa I. H �m A ffnnnn A Is I S C) ° o� I O 30�0 j1pi y 1 ~pmt V mill 6 Fir, 9 _ _ C 3 a P N o i Q in SITE PLAN ENLARGED mkn lip,A rbo m x 4 a Yr TOWER ELEVATION n A I? J� 4' -5• TO TOP OF CABMT v� i ,! I o� o� m pi 0 sa I. H �m A ffnnnn A Is I S C) ° o� I O 30�0 j1pi y 1 ~pmt V mill 6 I y �c s� ipp CW CL sg to R (Do 1 -si o G *n N y N CW CL T to R (Do °D R QQR App 7 QQE pR Q� R R A O R m O 110 rn o " e 4-5• t I z. -V' WAC CABINET DETAILS '• IIIININI 6 1 3" 4'-2• 6• 2'- 5•'R1LO I' -D• 4._y. s• 2..5• TEtco r -s• 6 r i O N p• �O � a y r � T a -si o G i z O Go V 0 om N eC., s n O A E> R R QQR App 7 QQE pR Q� R R A O R m O 110 rn o " e 4-5• t I z. -V' WAC CABINET DETAILS '• IIIININI 6 1 3" 4'-2• 6• 2'- 5•'R1LO I' -D• 4._y. s• 2..5• TEtco r -s• 6 r i O N p• �O � a �R r E M !p N Cr Is O d a • 7� a Ca y RI m � y z F? z x z V a °o Q0 o a a � a 0 e s Z Z 0 LANDSCAPE PLAN I .0 rZr o� M M i jig jig 2 and P H _F v� 0 H _ 0 2F 0 0 A n r a r r ,o v -1 + �- -P m 4 IP %;J go I lip 111% lip € 6 ig � i9 � m Ig oil u a 9 z m rz 0 a ���� •o N ¢3 mF Sy A S y 9q NI �s '¢ I N nn 8 ° " ..� "� " ts I R< g s; X L'• 0_ ti 3 \._ . 'i �6 _nom aw I �k rs k ? `. � 4 J } F 91 -__.. 'r s £� i� g s; X L'• 0_ ti 3 \._ . 'i �6 _nom aw I �k rs k ? `. � 4 J } F � s AERIAL E. r fi 'ti•� r2 n . i 3{ } f t ZiS i f -y t• ��-�� a �� � r , L i� .x «`.• - l.- i o y r$ + Y � ` Ate• �� 3 � T". - i7 - AIR �L EXISTING cleary �f wireless broadband i Y v ffu W-T COMUMCAM.4 DEMM GROWX LLC, ci r .yl t .s • 1t!'1SSrc��n * CtEEiC.I1 GftOVP, U.C. �7 RECEIVED JAN 04 2010 CUP NARRATIVE CONTINUED nri iorn RE: 1290 Cliff Road P-1 , I PID # 10- 03400 - 011 -25 Clearwire Communications, LLC, an operating subsidiary of Clearwire Corporation (NASDAQ:CLWR), offers a robust suite of advanced high -speed Internet services to consumers and businesses. As part of a multi -year network build -out plan, Clearwire's 4G service, called CLEARTm, will be available in major metropolitan areas across the U.S., and bring together an unprecedented combination of speed and mobility. Clearwire's open all -IP network, combined with significant spectrum holdings, provides unmatched network capacity to. deliver next - generation broadband access. Strategic investors include Intel Capital, Comcast, Sprint, Google, Time Warner Cable, and Bright House Networks. Clearwire currently provides 4G service, utilizing WiMAX Unlike other wireless services, CLEAR delivers a mobile broadband Internet experience on par with speeds typically experienced only on wired connections, like DSL. CLEAR customers can expect to see average download speeds of 3 to 6 mbps with bursts over 10 mbps. The CLEAR customer experience is similar to that provided by Wi -Fi, but without the short range limitations of a traditional hotspot. CLEAR uses a 4G technology that differs from Wi -Fi called WiMAX, which provides service areas measured in miles, not feet. In these markets, the Clearwire network utilizes an area -wide WiMAX radio system from Motorola. With this type of service it is necessary to have antenna locations in closer proximity to each other than is necessary for a wireless telecommunication provider. Clearwire uses dish antennas that work by line -of -sight and therefore the distance between locations needs to be calculated very carefully to provide the best coverage for their customers. Also, the dishes must be mounted to a structure that will allow for the very least twist and -sway as to eliminate any connection interruptions. This site was selected because it is an already existing tower and in trying to keep in following with the city's ordinance and concept of keeping towers to a minimum, Clearwire thought that the best approach would be to extend the existing tower instead of building a new tower. Clearwire is proposing to extend the existing 100' tower by 10', thus making the tower a total of 110' in height. The equipment being added onto the tower is 3 panel antennas and 3 microwave dishes. The ground space will be a cabinet located on a 4'x 4' slab with a total height of less than S'. All building material will be that of which will be determined by the City of Eagan and new landscaping will match any existing landscaping. • Agenda Information Memo February 1, 2010, Eagan City Council Meeting D. CONDITIONAL USE PERMIT — CLEARWIRE (NORTHVIEW PARK) ACTION TO BE CONSIDERED: To approve (OR direct preparation of findings of fact for denial) a Conditional Use Permit to allow construction of a 100' communications monopole on property located within Northview Park at 980 Northview Park Drive, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: At least three votes FACTS: ➢ Clearwire approached the City in July 2009 with a proposal to construct a new monopole in Northview Park. ➢ On January 5, 2010, the City Council authorized staff and the City Attorney's office to proceed with the necessary land use application processes and appropriate lease negotiations for the installation of private telecommunications equipment within Northview Park. ➢ Clearwire proposes to construct a new 100' monopole within Northview Park, within a 10' x 20' leased area NW of the westerly tennis courts. The lease area will be enclosed with a chain link fence, and access to the lease area will be via a new 10' bituminous drive extending from the existing bituminous path. A ground mounted cabinet will house the equipment. ➢ Stadium lights for the tennis courts also will be mounted on the monopole at a height of approximately 40' -50'. A second pole will be installed at the east end of these tennis courts for lights only. ➢ Clearwire indicates they were unable to obtain a suitable co- location site within their search area and a new tower is necessary to meet their technical performance needs for providing coverage in this area. ➢ The proposed tower appears to satisfy the performance standards of the City Code. ➢ The proposal was reviewed by the APrC on January 14, 2010, which recommended approval with conditions to be included in the lease for the Council's consideration. ➢ The Advisory Planning Commission held a public hearing on January 26, 2010 and recommended approval of the CUP request. 60 -DAY AGENCY ACTION DEADLINE: February 1, 2010 ATTACHMENTS (3): Location Map, pages t1retigh --- Q-1 January 26, 2010 Draft P minutes, a e ok Planning Report, page through YO /I Advisory Planning Commission January 26, 2010 Page 7 of 10 D. Clearwire - Northview Park Road Applicant Name: Clear Wireless, LLC Location: 980 Northview Park Rd; Application: Conditional Use Permit A Conditional Use Permit to allow a 100' wireless communication monopole. File Number: 23- CU- 17 -11 -09 Planner Dudziak introduced this item and highlighted the in report dated January 20, 2010. She noted the background Chair Chavez opened the public hearing. Mr. Coleman discussed the location and provided There being no public comment, Chair Chaves y e� discussion back to the Commission. Member Supina moved, Member Daley seconded fi t Conditional Use Permit (CUP) to e�► 100 -foot rr property located within Northview Northvi East 990 feet of the NE% of the S T Minnesota, subject to the following conditions: " 1. 2. 3. 4. 5. 6. 7. 8. This Conditional Us6 e'em" P '§ by the City Cour ' y The tower and accessory equ outlined in City Code motion, Clearwir6;n l lltobtam a Wid i i no4lease area snaiF pa,sei Janu;13, 2010. y, Clearwi `w all enter into >' Attorney lease agree of any equiprnt upon the Them n o shall I The monopole a'i4ll eqo A vote was taken. All I be the public presented in the City Staff of the tower. turned the recommend approval of a telecommunicati6 ,s tower for Road, legally described as the 27, Range 23, Dakota County, within 60 days of approval ji�'ent cabins ball comply with the general standards 7Q# $ubdivisio 26 -G. per j(pJor to gmmencing construction of the new tower. finishetxdarfjreen color to match the principal building. 4ith a secUritffence as shown on the Site Plan last revised a�g ,opment with the City in a form acceptable to the City shalt' executed prior to erection of the tower or placement nted light blue. it shall be maintained. Motion carried 5 -0. 0-- PLANNING REPORT CITY OF EAGAN REPORT DATE: January 20, 2010 APPLICANT: Clear Wireless, LLC PROPERTY OWNER: City of Eagan REQUEST: Conditional Use Permit CASE: 23- CU- 17 -11 -09 HEARING DATE: January 26, 2010 APPLICATION DATE: Dec. 16, 2010 PREPARED BY: Pamela Dudziak LOCATION: 980 Northview Park Road ( Northview Park) COMPREHENSIVE PLAN: P, Park and Recreational Open Space ZONING: P, Park SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to permit construction of a 100' telecommunications monopole on property located within Northview Park at 980 Northview Park Road, legally described as the East 990 feet of the NE' /4 of the SW %4, Section 23, Township 27, Range 23, Dakota County, Minnesota. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, 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: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. 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. 93 Planning Report — Clearwire (Northview Park) January 26, 2010 Page 2 4. 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. 5. 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. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8. Is appropriate after considering whether the property is in compliance with the City Code. 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 In 2009, the City was approached by Clearwire regarding the proposed construction of a monopole and installation of data transmission equipment at Northview Park. The City Advisory Parks and Recreation Commission (APrQ reviewed the preliminary proposal in a workshop setting and by consensus agreed that the project should be pursued further. A Conditional Use Permit (CUP) is necessary for the construction of a new monopole, and Community Development staff worked with representatives for Clearwire to initiate the application process for obtaining a CUP for the project. On January 5, 2010, the City Council authorized staff and the City Attorney's office to proceed with the necessary land use application processes and appropriate lease negotiations for the installation of private telecommunications equipment at Northview Park. This proposal was reviewed by the APrC on January 14, 2010, which recommended approval with lease conditions for the Council's consideration. The City of Eagan currently has nearly thirty leases with wireless providers for the co- location of antennas and equipment at City -owned sites throughout the community. Most are associated with water reservoirs though there are several leases for ground space at parks including O'Leary and on the Highline trail. Lease fees are collected for each installation. The administration of Qy- Planning Report — Clearwire (Northview Park) January 26, 2010 Paee 3 the lease application process and collection of the associated application fees is the responsibility of the City Utility Department. The current proposal is distinguished from previous such leases in that it involves the construction of a new monopole upon City property, rather than co- location of equipment on an existing public utility structure. Since the City is the property owner, the City Attorney will handle lease negotiations with final approval of the lease given by the City Council. EXISTING CONDITIONS The site is a City park and contains ball fields, soccer fields, tennis courts and parking lots. Stadium lights and utility poles also are present within the park. Vehicle access to the park is provided from Northview Park Road to the north. The southwest corner of the park is wooded. To the east and south are Eagan High School/Dakota Hills Middle School, and Northview Elementary School. To the north and west are residential neighborhoods. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Clearwire is requesting a Conditional Use Permit for construction of a new "stealth" communications tower at Northview Park. In addition to the CUP, the City also will be entering into a lease with Clearwire for the placement of equipment upon City property. Clearwire proposes a 100 -foot monopole located at the northwest corner of the westerly set of three tennis courts. The monopole also will be designed to hold stadium lights for the tennis courts. In conjunction with the lights on the tower, Clearwire proposes to install a second pole approximately 40 -50 feet in height for stadium lights at the east end of this set of three tennis courts. Applicant's Narrative — The proposed tower and equipment would allow high -speed wireless internet service to the surrounding businesses and residences. Unlike traditional Wi -Fi, Clearwire states that its 4G service provides coverage areas "measured in miles, not feet." Clearwire's narrative states that its technology "delivers a mobile broadband Internet experience" rim Existing Use Zoning Land Use Designation North Single-Family Residential PD, Planned Development LD, Low Density South Northview Elementary PF, Public Facilities QP, Quasi - Public East Middle and High Schools PF, Public Facilities QP, Quasi-Public West Single-Family Residential PD, Planned Development LD, low Density EVALUATION OF REQUEST Clearwire is requesting a Conditional Use Permit for construction of a new "stealth" communications tower at Northview Park. In addition to the CUP, the City also will be entering into a lease with Clearwire for the placement of equipment upon City property. Clearwire proposes a 100 -foot monopole located at the northwest corner of the westerly set of three tennis courts. The monopole also will be designed to hold stadium lights for the tennis courts. In conjunction with the lights on the tower, Clearwire proposes to install a second pole approximately 40 -50 feet in height for stadium lights at the east end of this set of three tennis courts. Applicant's Narrative — The proposed tower and equipment would allow high -speed wireless internet service to the surrounding businesses and residences. Unlike traditional Wi -Fi, Clearwire states that its 4G service provides coverage areas "measured in miles, not feet." Clearwire's narrative states that its technology "delivers a mobile broadband Internet experience" rim Planning Report — Clearwire (Northview Park) January 26, 2010 Paee 4 with "an unprecedented combination of speed and mobility." The system requires line -of -sight between installations and the dishes must be mounted to a structure with the least twist -and -sway to eliminate connection interruptions. Clearwire indicates they were unable to obtain a suitable co- location site within their search area. Clearwire approached ISD 196 for installation on one of the adjacent school properties, and the school district declined. Clearwire indicates this is the only available site within their search area, and a new tower is necessary to meet their technical performance needs for providing coverage in this area. Compatibility with Surrounding Area - The site is zoned P, Park. The City's zoning ordinance permits communications towers as a conditional use in the P zoning district. The surrounding area is developed with single - family residential to the west and north, and schools to the east and south. Site Plan - The Site Plan shows the proposed tower within a 10' x 20' leased area adjacent to the northwest corner of the westerly set of three tennis courts. Access to the site is from Northview Park Road. Access to the leased area will be from the existing asphalt path north of the tennis courts. A new 10 -foot wide drive to the lease area will be paved with asphalt. The lease area will be enclosed with a chain link fence. Ground equipment will be located within a cabinet placed on a new 3' x 6' concrete slab next to the tower, all within the lease area. The equipment cabinet is approximately two feet square and 4.5 feet in height. No new landscaping is proposed. No trees will be removed for the tower construction. Code Requirements - City Code Chapter 11, Section 11. 70, Subd. 26 sets forth the regulations for the installation of antennae and construction of towers. Subdivision 26 -G 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 must comply with these general standards, which are listed in the attached exhibits. Additionally, Subdivision 26 -E -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 .... The proposed tower is 100 feet in height. The antenna equipment consists of 3 panel antennas and 3 microwave dishes attached at the top of the tower. The ordinance requires that the combined height of the tower and antennae or satellite dishes not exceed 100 feet. The plans show the equipment mounted such that the panel antennae do not project above 100 feet. 7�v Planning Report — Clearwire (Northview Park) January 26, 2010 Pate 5 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 tower is set back 374' to the nearest lot line (to the south) and 697' to the nearest residential (to the west). The proposed equipment cabinet is adjacent to the tower and has similar setbacks. C) The tower shall be located in the rear yard. The proposed tower is located in the interior of the park. Because of the height of the tower, it will likely be visible from off the site. However, the location is surrounded by tall mature trees, a factor that when combined with distance and the change in grade will serve to offset any visual impacts. Accessory equipment is screened from the public street and adjacent properties by distance and change in grade. 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 A potentially unique feature of this installation would be the opportunity to light the three adjacent tennis courts by mounting light fixtures on the new tower. Thus, the tower would serve dual purposes in this location. In addition, a separate shorter free standing light pole on the opposite side of the courts is also proposed. fl Existing vegetation on the site shall be preserved to the greatest possible extent practical. The proposed tower is located in a clearing and no trees will be removed for its construction. Because the tower will be located in a clearing, staff suggests it be painted light blue to blend in with the sky. 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 (t) x 5 feet (h) in size. Accessory equipment will be within a ground mounted cabinet located within the lease area. The cabinet is 2' (w) x 2' (1) x 4.5' (h). Clearwire has indicated that their equipment cabinets are typically gray in color. However, given the setting and surroundings at this site, staff suggests that the cabinet be painted a dark green color. 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 q7 Planning Report — Clearwire (Northview Park) January 26, 2010 Paee 6 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; (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. Clearwire has provided a letter from Julio Hernandez, Radio Frequency Engineer, indicating that this site is the "only viable location" within the Search Ring. The letter further states that this site was selected after failure to secure landlord approval of two other possible locations. The applicant submitted an e -mail from ISD # 196 declining any additional installations on school properties. The RF Engineer's letter states that because of the higher frequencies at which Clearwire's network system operates, it is necessary to place the antennas well above the obstructions such as trees, buildings, etc. Also, Clearwire requires "a Line of Sight between the site locations, plus a clearance zone for the proper operation of our Microwave links." As a result, Clearwire is proposing the tower height at 100 feet. Finally, the letter states that the installation "will not interfere with other adjacent or neighboring transmission or reception of communications signals including emergency services." SUMMARY /CONCLUSION Clearwire is requesting approval of a Conditional Use Permit to construct a 100 -foot monopole communications antennae tower on property located within Northview Park at 980 Northview Park Road. Clearwire indicates that because their system requires line of sight between installations, this is the only viable site within their search area, and they were unable to obtain landlord approval for other possible locations. Therefore, a new tower is necessary to meet their technical performance needs and provide coverage in this area. The proposal appears consistent with the performance standards in the City Code pertaining to the installation of antenna towers and associated equipment. Because the City is the property owner, a lease agreement will need to be executed between Clearwire and the City for this installation. Lease negotiations will be handled by the City Attorney's office, with final approval given by the City Council. 0 Planning Report — Clearwire (Northview Park) January 26, 2010 Page 7 ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit (CUP) to allow a 100 -foot monopole telecommunications tower for property located within Northview Park at 980 Northview Park Road, legally described as the East 990 feet of the NE' /4 of the SW '/4, Section 23, Township 27, Range 23, Dakota County, Minnesota. If approved, the following conditions shall apply: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The tower and accessory equipment cabinet shall comply with the general standards outlined in City Code Section 11.70, Subdivision 26 -G. 3. Clearwire shall obtain a building permit prior to commencing construction of the new tower. 4. The equipment cabinet shall be finished in a dark green color to match the principal building. 5. The lease area shall be secured with a security fence as shown on the Site Plan last revised January 13, 2010. 6. Clearwire shall enter into a lease agreement with the City in a form acceptable to the City Attorney. The lease agreement shall be executed prior to erection of the tower or placement of any equipment upon the property. 7. The monopole tower shall be painted light blue. 8. The monopole and all equipment shall be maintained. vi LAND USE REGULATIONS (ZONING) § 11.70 (0. G. General standards. All antennae, satellite dishes, towers, and wind energy conversion systems shall be subject to the following additional requirements: 1. Location and color shall be in a manner to minimize off -site visibility to the greatest possible extent; 2. Compliance with all applicable provisions of the Code, including the provisions of the state building code therein adopted, in addition to the requirements set out in this subdivision; 3. No signs, other than for public safety warnings or equipment information, shall be affixed to any portion thereof; 4. No artificial illumination, except when 'required by law or by a governmental agency to protect the public's health and safety, shall be utilized; 5. The placement -of transmitting, receiving and switching equipment shall be integrated within the site, being located within an existing structure whenever possible; any new accessory equipment structure shall be attached to the principal building, if possible, and constructed of materials and of a color scheme compatible with the principal structure and/or surrounding area or within an equipment encasement not exceeding 10 feet (w), by 10 feet (1), by five feet,(h), in size: 6. Accessory equipment or buildings shall be screened by suitable landscaping, as set forth in this chapter, except where a design of non - vegetative screening better reflects and compliments the architectural character of the surrounding neigh- borhood; 7. Building permits shall be required for the installation of building mounted satellite dishes in excess of five feet in diameter, towers, and wind energy conversion systems; $. Structural design, mounting and "installation of a tower, antenna or satellite dish which requires a building permit shall be verified and approved by a qualified licensed engineer; and . 9. Towers, and any equipment attached thereto, shall be unclimbable by design for. . the first 12 feet or completely surrounded by a six feet high security fence with a lockable gate. ` CITY CODE SEC. 11.70, SUBD 26.G. •'I Current Zoning and Comprehensive Guide Plan Land Use Map Zoning Map Current Zoning: P Park so. • .w uos rase Comprehensive Guide Plan Land Use Map Current Land Use Designation: P Park and Recreational Open Space see . ... tz.. r..t c, d`C G0 0 fi `tee a R i Clearwire - Northview Park Conditional Use Permit 23- CU- 17 -11 -09 parcel ease map info .IA►d by Dakota County Land 8ur.ey Department De rnber 2801. N o Infonmatlw mefatsimed by qty Staff. m of Ea W E �Il THIS MAP 1 I3 S IN NTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the aceuraey of this Information. S rl I I i. n - 41 1. + `+ < r 1; a •':�� rte_.__ -___ � -� CT_ _ � u � � *i r. t _ r � p it Zlf- 11 i ea 1 i I� G T Qs/ 1 a o. 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PLAN c e-i Z Q a W W W m Jm liCGY� i7 d01 O1 .G'.t lt §fie Oro R �d '� b'SN 9Ni7 OAL I ■ OIQ 0 P1 0 Z= 0 n< tl W ■ W� J C � N O �• C i �.0 (Ufa m V3 Hl :.: • ::: Ion i It :• :: g � 8 � •jai R1 ENLARGED SITE PLAN & TOWER ELEVATION cm N. c+o Z a 0 W W U - W — �= X— n ly :.: • ::: Ion i It :• :: g � 8 � •jai R1 ENLARGED SITE PLAN & TOWER ELEVATION cm N. c+o Z a 0 W W U - W ;rl i Zyyj � � W -. •.� Z ,;:. �aI 333E M.- t !f U •x' .e L p ,a i ' • � Z = J W � C N W .e -j 00-ML X1.9 .9 t � .a.f N .9-.t I ' A 7lfiyt .q -i R ■ 6'% .r.f / .af EUU- CABINET PLAN N G-J z Q D W W U W EXHIBIT A CITY OF EAGAN ANSWERS TO QUESTIONS FOR CONDITIONAL USE PERMIT SUBMITTAL CHECKLIST RE: 980 Northview Park Dr. PID # 10- 02300 - 012 -52 WRITTEN NARRATIVE DESCRIBING THE REQUEST OR PROPOSAL INCLUDING: • COMPREHENSIVE GUIDE PLAN DESIGNATION (EXISTING AND PROPOSED): This project is compatible with the 2020 Land Use Map which designates this property as Park and its future use also is Park. The new tower and equipment would allow high- speed wireless internet service to the surrounding businesses and residences. Following the purposes of the city's ordinance, Section 11.71 - 11.98, Subd. -26, in which a new tower is allowed on a Park zoned district property after obtaining a conditional use permit Clearwire is keeping with the city's desire to limiting of telecommunication towers. • ZONING CLASSIFICATION (EXISTING AND PROPOSED): The current zoning classification on this property is Park and this project does not require any change to the zoning classification. • WHAT DOES CLEARWIRE WANT TO DO IN REGARDS TO TIMING /PHASING: This project is looking for a construction start date of May 16, 2010 and an On -Air date of August 15, 2010. • EXISTING LAND USES ON SUBJECT PROPERTY: The subject property is currently used as a public park. • SURROUNDING LAND USES AND ZONING WITHIN 660 FEET: The surrounding land uses and zoning within 660 feet of this parcel are Park, Residential and Planned Development. b� RECEIVED DEC 16 2009 04 CUP NARRATIVE CONTINUED RE: 980 Northview Park Dr. PID # 10- 02300 - 012 -52 Clearwire Communications, LLC, an operating subsidiary of Clearwire Corporation (NASDAQ:CLWR), offers a robust suite of advanced high -speed Internet services to consumers and businesses. As part of a multi -year network build -out plan, Clearwire's 4G service, called CLEAR'", will be available in major metropolitan areas across the U.S., and bring together an unprecedented combination of speed and mobility. Clearwire's open all -IP network, combined with significant spectrum holdings, provides unmatched network capacity to deliver next - generation broadband access. Strategic investors include Intel Capital, Comcast, Sprint,.Google, Time Warner Cable, and Bright House Networks. Clearwire currently provides 4G service, utilizing WiMAX Unlike other wireless services, CLEAR delivers a mobile broadband Internet experience on par with speeds typically experienced only on wired connections, like DSL. CLEAR customers can expect to see average download speeds of 3 to 6 mbps with bursts over 10 mbps. The CLEAR customer experience is similar to that provided by Wi -Fi, but without the short range limitations of a traditional hotspot. CLEAR uses a 4G technology that differs from Wi -Fi called WiMAX, which provides service areas measured in miles, not feet. In these markets, the Clearwire network utilizes an area -wide WiMAX radio system from Motorola. With this type of service it is necessary to have antenna locations in closer proximity to each other than is necessary for a wireless telecommunication provider. Clearwire uses dish antennas that work by line -of -sight and therefore the distance between locations needs to be calculated very carefully to provide the best coverage for their customers. Also, the dishes must be mounted to a structure that will allow for the very least twist-and-sway as to eliminate any connection interruptions. This site was selected as a third choice after being turned down' by the school district to either place antennas on the roof of the high school or replace a stadium light with a stealth pole. The surrounding properties are residential homes and therefore would not qualify for a tower placement. Clearwire is proposing to build a 100' stealth light pole and also to provide the city with' a regular light pole approximately 65' in height for illumination of the Northview Park tennis courts. The ground space will be a fenced lease area of 10' x 20' with Clearwire's equipment and stealth pole in the fenced area. The ground equipment will be placed on a 3'x 6' concrete slab and the combined height of the slab and cabinet will not exceed the cites 5' limit so as to not distract from the natural view of the park. All building material and screening requirements will be that of which will be determined by the City of Eagan. Id 7 NARRATIVE 41 RECEIVED JAN 041910 clearWre, November 24`h, 2009 4400 Carillon Point + PHONE: FAX: ONLINE: Kirkland, WA 98033 1 425 216 7600 425 216 7900 www.ctearwire.com RE: Proposed Wireless Installation ID MSP0480 in the City of Eagan To Whom It May Concern: Clearwire provides wireless broadband services that use a network of fixed base stations. Clearwire operates between 2496 MHz and 2690 MHz spectrum using 10 MHz channels. Clearwire Network Design is driven by Coverage Target Areas and by High Speed Data Rate (Mbps), our main objective is to achieve the largest Coverage area in the residential and business areas and to deliver the highest data rate levels. Proposed MSP0480 Search Ring Coverage Target is located around the intersection of Wescott Rd and N. Ridge Rd. To meet this objective Clearwire has identify 3 locations, 2 of them failing to secure due to Landlord issues. The proposed location is a raw land installation located on 980 Northview Park Drive. This was the only viable location, recommended by the Lanlord. Clearwire Network System operates at higher frequencies compared to conventional PCS /Cellular carriers. Due to this fact our System is more susceptible to Radio Frequency Signal Attenuation when travelling thru obstructions (trees, buildings, etc), therefore we require to place the antennas well above the obstructions. Also we require having a Line of Sight between the site locations plus a clearance zone for the proper operation of our Microwave links. Based on this, MSP0040 has been proposed at 100 feet. It will serve to connect 1 Microwave Link for the Backhaul Network. Clearwire will comply with all FAA and FCC regulations and applicable standards from all other federal, state, and local laws and regulations. As the applicant for this project, Clearwire will ensure that such installation, repair, operation, upgrading, maintenance and removal of antennas by the wireless HIGH SPEED INTERNET MADE SIMPLE. WAY SIMPLE. jD RF ENGINEER LETTER J/n 4400 Carillon Point PNON E: FAX: ONLINE: clearw""re, Kirkland, WA 98033 I 425 216 T600 425 216 7900 www.dearwirexom communication provider shall be lawful and in compliance with all applicable laws, orders, ordinances and regulations of federal, state and local laws and regulations. Antenna usage at our wireless installations will not interfere with other adjacent or neighboring transmission or reception of communications signals including emergency services. Sincerely, A' q--4-'4!f Julio Hernandez Radio Frequency Engineer Clearwire Minneapolis -Saint Paul Market (240) 277 -4689 HIGH SPEED INTERNET MADE SIMPLE. WAY SIMPLE. f tt rat �-01:1 ngto - s as F� _ co r g p' MN 9 Gancfldate A��� w aj �? .k. ..� ?� ✓�� w� try`.: 8 ! M _Ile y '� '� � � - � ✓ � � � � � - �x ✓ :tee v F 1 � z 'Aid } s k 42,4.n 4 ` �$ t�it3fl0 4�JV�.t " • —• -- ' (- ,SDoRId�30 r ?� ► M W MSTI0346 v t ruu 4 I'S Yi IV e��� 'Technologies, a � � -�� 2z-i .� �a �. t p n �� •<: -qs 44;$ 35sa° rJ.`07`28S W elev` ;882 4t v k tg a; , 4 f � z 'Aid } s k 42,4.n 4 ` �$ t�it3fl0 4�JV�.t " • —• -- ' (- ,SDoRId�30 r ?� ► M W MSTI0346 v t ruu 4 I'S Yi IV e��� 'Technologies, a � � -�� 2z-i .� �a �. t p n �� •<: -qs 44;$ 35sa° rJ.`07`28S W elev` ;882 4t gil a _ `iwry' r f� a t m x" a • F w . l ✓Y Y y� � iS_ RN Dk r RECEIVED JAN 04 U* Y4Y4MIM He4q WI 1rS PHOTO SIMULATION 1 47- EXHIBIT D Kathie Hayes From: Solomon, Jeff [Jeff.Solomon @districtl96.org] Sent: Thursday, August 27, 2009 11:20 AM To: khayes @fmhc.com Subject: RE: Tower Sites Kathie, I have had an opportunity to review our interest for additional cell phone towers on school properties with our administration. At this time, we are not interested in pursuing additional leases. Thank you for your interest. Jeff Jeffrey M. Solomon Director of Finance & Operations Independent School District 196 3455153rd Street Rosemount, MN 55068 651- 423 -7713 From: Kathie Hayes [mailto:khayes @fmhc.com] Sent: Monday, August 17, 2009 8:07 AM To: Solomon, Jeff Subject: Tower Sites Jeff, Hello. I spoke to you last week and mentioned the sites where Clearwire was looking to locate some of their towers and /or equipment. One of the locations I mentioned to you, Woodland Elementary, I had stated that Clearwire wished to change out an existing light pole but now I have been directed to inquire about erecting a new monopole on the property. I have attached a very rough sketch of what we are proposing so that you can have a better idea of where on the property we'd like to pursue this option. Thank you for your time and help in this matter. Sincerely, Kathie Hayes FMHC Corp 23100 Providence Dr., Ste 133 Southfield, MI 48075 P: 248 -208 -9668 C. 313 -244 -2955 F: 248 -208 -9692 & RECEIVED NOV 18 2009