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11/01/1988 - City Council RegularREGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING NOVEMBER 1, 1988 6:30 P.M. 3 AGENDA I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE) II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. 6:40 - TAX ABATEMENTS - DAKOTA COUNTY ASSESORS OFFICE IV. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) A. PARKS AND RECREATION DEPARTMENT 1. AGREEMENT, Fishing Pier - Fish Lake V. 6:55 - CONSENT AGENDA (PINK) A. g B. c. p. 9 D. c\ E. t)F. G. 13 H. .��I. J. (0,L rC,M.. ' f� ��.,i N. r. 0. PERSONNEL Items POLICY, Affirmative Action LICENSES, Plumbers CONTRACT 88-23, Approve Change Order #2 (Cliff Lake Centre - Streets) FINAL PLAT, Woodlands 2nd Addition CONTRACT 88-24, Receive Bids/Award Contract (Lexington Ave Reservior) RECEIVE BIDS/Award Sale of Street Division Vehicles: Unit =105. Unit =106, Unit #202, and Unit #115 RECEIVE BIDS/Award Sale of Police Department Vehicle #16 and Engineering Division Vehicle #103 CONTRACT 87-11, Final Payment/Acceptance (Greensboro 2nd Addition - Streets and Utilities CONTRACT 85 -JJ, Final Acceptance (Norwest 2nd Addition - Utilities) CONTRACT 87-A, Final Acceptance (Lexington Square 5th & 7th Additions - Streets & Utilities) CONTRACT 87-C, Final Acceptance (Lone Oak 2nd Addition - Utilities) CONTRACT 88-28, Approve Plans/Authorize Advertisement for Bids (Fire Stations 1,2, and 3 - Parking Lots) VACATE Drainage and Utility Easement, Receive Petition/Order Public Hearing (Galaxie Cliff Plaza) VACATE Public Right -of -Way & Drainage and Utility Easement, Receive Petition/Order Public Hearing (Sunwood Court and Miscellaneous Outlots of Sunrise Hills Addition) VI. 7:00 - PUBLIC HEARINGS (SALMON) ?, ;2-9 A. VII. B. VACATE Safari Pass and a Portion of MnDOT Right -of -Way Plat #19-14 OLD BUSINESS (ORCHID) PRELIMINARY PLAT, Seneca Plant Addition/Metropolitan Waste Control Commission, Consisting of 87.83 Acres for the Expansion of the Seneca Waste Water Treatment Plant Located West of Comanche Road in the West Half of Section 17 and E1/2 of Sec 18 CONTRACT 87-26, Correction to Change Order #3 (Wescott Road - Streets) X. XI. XII. CLARIFICATION of Conditions for Addition CLARIFICATION Addition CLARIFICATION of Conditions for Preliminary Plat Approval - Addition CONSIDER Award PETITION, Stop PETITION, Stop Preliminary Plat Approval - Stony Point 2nd of Conditions for Preliminary Plat Approval - Ridgehaven Rahn of Contract 88-35 (Stratford Oaks & Hidden Valley) Sign, Dodd Road at Farm Road Sign, Covington Lane at West Beacon Hill Road NEW BUSINESS (TAN) Cliff 2nd ORDINANCE AMENDMENT, Non -Intoxicating Malt Liquor Licenses LIQUOR LICENSE, Application for On -Sale 3.2 Beer and Wine at Pizza Hut Located on Lot 1, Block 1, Town Centre 70 9th Addition AMENDMENT To Rahncliff 2nd Addition Planned Development Agreement VARIANCE, Scott and Susan Bjerke, 4845 N. Safari Court, Lot 16, Block 2, Safari Estates, 5' Variance to the Required 5' Rear Yard Setback for the Location of a Swimming Pool CONDITIONAL USE PERMIT, Linvill Properties Inc., to Allow a Car Wash/Rapid Oil Change and a Pylon Sign on Lot 6, Block 1, Thomas Lake Center Addition along Thomas Center Drive in the SW1/4 of Sec 28 COMPREHENSIVE GUIDE PLAN AMENDMENT, Roseagan Addition/Holck Company, REZONING of 24.78 AG (Agricultural) Acres to 15.5 R-1 (Single Family) Acres and 7.5 GB (General Business) Acres and a PRELIMINARY PLAT Consisting of 6 Single Family Lots and One General Business Lot Along the West Side of Highway 3, South of Farm Road in the SW 1/4 of Sec 36 ADDITIONAL ITEMS (GOLD) RECONSIDERATION of Special Assessment Condition for Waiver of Plat, Lot 5, Zender Acres, Vince & Eileen Kennedy FINAL PLAT, Rahncliff 2nd Addition REVIEW AND COMMENT, Dakota County HRA Housing Revenue Bond Application for Alden Ponds Townhomes ADMINISTRATIVE AGENDA (GREEN) VISITORS TO BE HEARD (for those persons not on agenda) ADJOURNMENT MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 26, 1988 SUBJECT: AGENDA INFORMATION, NOVEMBER 1, 1988 CITY COUNCIL MEETING ADOPT- AGENDA' APPROVE. MINUTES. After approval is given to the November 1, 1988 agenda and regular minutes for the October 18, 1988 City Council meeting and special City Council minutes for the October 11 and 12 meetings, the following items are in order for consideration: TAX, ABATEMENTS ,DAKOTAS COUNTY ASSESSOR' Sk OFFICE Mr. Bill Peterson, representing the Dakota County Assessor's office, has presented a request for a tax abatement for Joseph Licha. The following describes the real estate tax abatement: "Approxi- mately one-half acre of land lost to highway taking in 1985. The 1986 estimated market value should be reduced from $12,000 to $8,000. The assessed value should be reduced from $4,800 to $3,200. The 1987 estimated market value should be reduced from $12,000 to $9,200. The assessed value should be reduced from $4,800 to $3,680." For additional information on this item, refer to the map attached on page c.=,t that describes the location of the Licha property. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the tax abatement as presented by the Dakota County Assessors office. Agenda Information Memo November 1, 1988, City Council Meeting A. PARKS AND RECREATION DEPARTMENT Item 1. Agreement for Fishing Pier at Fish Lake --Included in the Comprehensive Park Systems Guide Plan adopted in 1983 was a fishing pier proposed for Fish Lake Park. The Director of Parks and Recreation has prepared a memo requesting authorization by the City Council to enter into a cooperative agreement with the Minnesota Department of Natural Resources for the installation and operation of a fishing pier on Fish Lake under the terms and conditions of the CORE agreement. The CORE is the Cooperative Opportunities for Resource Enhancements program sponsored by the DNR. Enclosed on pages L. through is a copy of the memo. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the City Council to enter into a cooperative agreement with the Minnesota Department of Natural Resources for the installation and operation of a fishing pier on Fish Lake under the terms and conditions of the CORE agreement. 3 MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH THOMAS L. HEDGES, CITY ADMINISTRATOR FROM: XEN VRAA, DIRECTOR OF PARKS AND RECREATION DATE: OCTOBER 7, 1988 SUBJECT: FISHING PIER - FISH LAKE The purpose of this memo is to request authorization of the City Council to proceed with development of a proposed fishing pier on Fish Lake. Background In 1983, a conceptual design plan for Fish Lake Park was developed as a part of the comprehensive Park System's Guide Plan. One of the primary facilities included in the initial •and subsequent park master plans has been a fishing and observation facility to be located on the north side of Fish Lake. During the park development phase, a provision was made for a hard surface trail to be constructed along the north side of the lake joining a peninsula area suitable for this use. In 1987, final installation of the trail was completed, now offering public access to this location. In the spring of 1988, the Parks and Recreation Department submitted an application to the Minnesota Department of Natural Resources (DNR) seeking to obtain a fishing pier for this site. Under this program, known as "Cooperative Opportunities for Resource Enhancements" (CORE), local units of government can be eligible to receive grants for lake management, fish stocking or public fishing piers. Project Status Recently the City was notified by the DNR that it has been programmed to receive a fishing pier for Fish Lake, under the fiscal year 1989 CORE program. The City has since received cooperative agreements from the DNR specifying the provisions of the grant and the obligations of the City. Essentially the Department of Natural Resources will be responsible for: Furnishing the fishing pier All installation costs, and Major structural maintenance and repairs The City's responsibilities will include: Minor repairs and routine maintenance Concrete pier footing Trail extension to the pier (less than 50') Sign installation, and Operation during normal park hours HONORABLE MAYOR AND CITY COUNCIL THROUGH THOMAS L. HEDGES PAGE 2. OCTOBER 7, 1988 The Parks and Recreation Department looks forward to installing this first facility of it's kind on an Eagan lake. The pier will be sized to accommodate large numbers of people, offering a T-shaped design approximately 00 feet long and 40 feet wide at the end. It will carry a value of approximately .;20,000 to :;25,000. The City can expect to take delivery on the new pier sometime in the Spring or early Summer of 1989. In order to facilitate the process, the signing of cooperative grant agreements with the State will be required. For Council Action Authorization of the City Council is requested to enter into a cooperative agreement with the Minnesota Department of Natural Resources for the installat,ion and operation of a fishing pier on Fish Lake under the terms and condiy_onis of the CORE agreement. Ken Vraa/ Director of Parks and Recreation KV/nab Agenda Information Memo November 1, 1988, City Council Meeting CONSENT AGENDA There are fifteen (15) items on the agenda referred to as consent items requiring 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 -om the Consei r E :enda and placed under Additional Items unless t..e discussion eqi. red is brief. PERSONNEL ITEMS A. PERSONNEL ITEMS Item 1. Combination Building Inspector -- Over 75 applications were received for this position. After screening, six applicants were invited to the Eagan Municipal Center on Thursday, October 27, 1988, for an interview with Chief Building Official Reid, Assistant Chief Building Official Hanson, and Administrative Assistant Duffy. From that interview, four applicants were selected for a final interview to include the above mentioned personnel with the addition of the department head, Director of Community Development Runkle. It is hoped that that interview can be held either October 31 or November 1. If so, a name will be recommended to the Council to be hired for this position at the Council meeting on the night of November 1, 1988. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of a Combination Building Inspector (name to be furnished), subject to successful completion of the City's physical examination requirement. Item 2. Street Supervisor -- The City has received a letter of resignation from Lance Lundsten, Street Supervisor. Mr. Lundsten is leaving the City of Eagan in order to accept the position of Street Commissioner for the City of New Ulm. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the resignation of Lance Lundsten and authorize the advertisement for a replacement for the position of Street Supervisor at the City of Eagan. Agenda Information Memo November 1, 1988 City Council Meeting AFFIRMATIVE ACTION PLAN B. POLICY - AFFIRMATIVE ACTION -- As the Council is aware, in the 1988 legislative session, the state human rights act was amended to require that all units of local government which have more than twenty full-time employees develop and implement Affirmative Action Policies and Plans. The penalty for non- compliance with this provision would be loss of any state funds for projects over $50,000 in contract value. In accordance with this provision, a draft Affirmative Action Plan (which contains the Affirmative Action Policy and methods of implementing same) was developed for the City of Eagan. That plan has been reviewed by department heads and by members of the Personnel Committee of the City Council. Minor revisions were requested and were implemented into the draft plan. The Personnel Committee of the City Council, City Administrator, and department heads recommend approval of the plan. A copy of the plan is enclosed under separate cover for your information. After the plan is approved by the City Council, a copy will be forwarded to the Department of Human Rights where it will be examined by a compliance officer. If the officer approves the plan, a certificate of compliance will be issued to the City of Eagan. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the City of Eagan's Affirmative Action Plan and authorize its submission to the Minnesota Department of Human Rights. RECEIVE BIDS/AWARD CONTRACT/CLIFF LK CENTRE STS D. Contract 88-23, Approve Change Order No. 2 (Cliff Lake Centre - Streets) --This Change Order consists of the following parts: Part A: The design of the mounting sleeve to be formed in the concrete medians had to be increased from a 4" diameter to 12 inches to accommodate the break -away sign post design required by the Public Works Maintenance Division for the 49 sign posts along this roadway. (Add $980) Part 8: This required the installation of temporary barricades for the access drives constructed for future developments to ensure traffic did not inadvertently turn off onto these partial access drives for safety purposes. (Add $2,700) Part C: Due to the relocation of the Target entrance, underground traffic signal loop detectors and conduit had to be relocated (Add $1300) Part D: Due to the widening of County Road 32 (Cliff Road) at its intersection with Cliff Lake Drive (old Rahn Road intersection) to accommodate the turn lanes for this future signalized intersection, the old existing lane striping was to be obliterated by the construction of a seal coat or thin overlay. Due to the late fall cool weather conditions, this was no longer appropriate. The existing lane striping had to be physically removed by grinding. (Add $3,900) All costs associated with this Change Order is the responsibility of the Cliff Lake Centre development and will be fully assessed. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #2 (Add $8,395.00) to Contract 88-23 (Cliff Lake Centre - Streets) and authorize the Mayor and City Clerk to execute all related documents. FINAL PLAT/WOODLANDS 2ND ADDN E. Approve Final Plat, Woodlands 2nd Addition --The staff has received an application for final plat approval for the Woodlands 2nd Addition located in the southeast quarter of Section 14 as shown by the map enclosed on page All conditions placed on the preliminary plat approved by ouncil action on August 16, 1988, have been satisfactorily complied with. All final plat application materials have been submitted, reviewed by staff and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for the Woodlands 2nd Addition and authorize the Mayor and City Clerk to execute all related documents. 1 t C Agenda Information Memo November 1, 1988, City Council Meeting PLUMBERS LICENSES C. Plumbers Licenses --There are six (6) plumbers licenses that are in order for consideration. All six (6) have complied with City Code provisions regarding licensing requirements. Those companies requesting a license are as follows: 1. Benke Company 2. College City Mechanical 3. Crown Plumbing 4. H & H Plumbing 5. Seitz Brothers, Inc. 6. Summit Plumbing and Heating ACTION TO BE CONSIDERED ON THIS ITEM: To approve all six (6) plumbers licenses as presented. Agenda Information Memo November 1, 1988, City Council Meeting RECEIVE BIDS/AWARD CONTRACT/LEXINGTON AVE RESERVOIR F. Contract 88-24, Receive Bids/Award Contract (Lexington Avenue Reservoir) --On August 31, 1988, four bids were received for the construction of a 4 million gallon reservoir to be located near the intersection of Lexington Avenue and Diffley Road. The City has been unable to secure title to the property from HUD to allow the award of this contract. The original specifications required the bidders to guarantee their prices for a period of 60 days (October 31) in hopes that the City could acquire title within that time frame. Unfortunately, the City is still tied up in negotiations with HUD. Because of the favorable bids received for this reservoir from Brown -Minneapolis Tank located here in Eagan, it would be advantageous to be able to continue consideration of contract award at these prices for an additional length of time to allow the City 'attorney's office to try and complete negotiations for the acquisition of this property. Subsequently, Brown - Minneapolis Tank has agreed to honor their low bid until January 17, 1989. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 88-24 (Lexington Avenue Reservoir) and continue consideration of contract award until January 17, 1989, and to encourage the City Attorney's office to expedite the acquisition of the property. Agenda Information Memo November 1988, City Council Meeting RECEIVE BIDS/AWARD SALE STREET DIVISION VEHICLES G. Receive Bids/Award Sale of Street Division Vehicles: Unit #105, Unit #106, Unit #202, and Unit #115 --As part of the 1988 budget, authorization was given by the City Council to replace the following City vehicles: Unit Number Description Department 105 1980 Ford 3/4 Ton Pickup Streets 106 1980 Ford 3/4 Ton Pickup Streets 202 1980 Ford 3/4 Ton Pickup Water & Sewer 115 1978 Ford L-800 Single Streets Axle Dump Truck Replacement vehicles have been received or are on order; therefore, advertisements were placed in the Minnesota Cities Magazine and the Dakota County Tribune to solicit bids for sale of these vehicles as surplus property. Attached on page- is the bid tabulation. Staff is recommending the sale of these vehicles to Johnson Motor Sales as the high bidder in each case. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the sale of four (4) surplus City vehicles to Johnson Motor Sales. USED VEHICLE BIDS OPENING DATE: 10/26/88 OPENING TIME: 2:00 P.M. BIDDER UNIT 105 UNIT 106 UNIT 202 UNIT 115 Johnson Motor Sales $ 1,011.00 $ 1,011.00 $ 611.00 $12,710.00 Inc. Best Bodies Inc. 6,251.00 Bituminous Roadways 5,500.00 Inc. Stephen F. Trudeau 400.00 Gordon F. Stauff 368.00 294.00 232.00 l Agenda Information Memo November 1988, City Council Meeting RECEIVE BIDS/AWARD SALE SURPLUS VEHICLES H. Receive Bids/Award Sale of Police Department Vehicle #16 and Engineering Division Vehicle #103 --As part of the 1988 budget, authorization was given by the City Council to replace the following City vehicles: Unit Number Description 16 Squad, 1983 Ford LTD 103 1980 Chevrolet Citation Department Police Engineering // Attached on page "' is a memorandum from the Police Department with the bid tabulation. Staff is recommending the sale of the old squad, Vehicle #16, to Metro Auto as the high bidder, and the sale of the Citation, Vehicle #103, to Suburban Auto as the high bidder. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the sale of two (2) surplus City vehicles to Metro Auto and Suburban Auto, respectively. (3 police dep ariment JAY M BERTHE Chief of Police PATRICK J. GEAGAN Administrative Captain KENNETH D. A NN dtv of acgan operations Captain 3830 Pilct Knob Road Eagan, Minnesota 55122 Phone: (612) 454-3900 October 24, 1988 TO: Tom Hedges, City Administrator FROM: Ken Aszmann, Operations Captain SUBJECT: SALE OF OLD CITY VEHICLES VIC ELLISON Mayor THOMAS EGAN DAVID K. GUSTAFSON PAMELA McCREA THEODORE WACHLER Council Members THOMAS HEDGES Cd -y Administrator EUGENE VAN OVERBEKE tv Clerk We received three bids on old squad .#16, 1983 Ford LTD from: 1. Viking Auto 2. Suburban Auto 3. Metro Auto $ 450 $ 901 $1,250 We received two bids for Engineering 1980 Citation from: 1. Viking Auto $ 200 2. Suburban Auto $ 251 I recommend we accept Metro's bid for the 1983 Ford for $1,250 and Surburban Auto's bid for S251 on the Chev Citation. We did not offer these cars to the public due to excessive mileage and mechanical condition. Thank you. Ken KA/kg cc: Gene Van Overbeke THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Agenda Information Memo November 1, 1988, City Council Meeting FINAL PYMT/ACCEPTANCE/GREENSBORO 2ND ADDN I. Contract 87-11, Final Payment/Acceptance (Greensboro 2nd Addition - Streets & Utilities) --Staff has received a request for final payment from the contractor via the consulting firm along with a certification of compliance of City approved plans and specifications. All final inspections have been performed by representatives of the Public Works Department and found to be in order for favorable Council action of formal acceptance for perpetual maintenance. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 6th and final payment for Contract 87-11 (Greensboro 2nd Addition - Streets & Utilities) in the amount of $9,184.73 to G.L. Contracting, Inc., and authorize the acceptance of improvements for perpetual City maintenance. FINAL ACCEPTANCE/NORWEST 2ND ADDITION J. Contract 85 -JJ, Final Acceptance (Norwest 2nd Addition - Utilities) --The City has received a recommendation from the consulting engineering firm regarding the installation of utilities to service the Eagan Medical Building within the Norwest 2nd Addition. Certification of compliance with City approved plans and specifications and final inspections by Public Works Maintenance personnel, result in a recommendation for favorable Council action for project acceptance of perpetual maintenance. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Contract 85 -JJ (Norwest 2nd Addition - Utilities) for perpetual maintenance. FINAL ACCEPTANCE/LEXINGTON SQ 5TH & 7TH ADDITIONS K. Contract 87-A, Final Acceptance (Lexington Square 5th & 7th Additions - Utilities) --The City has received a recommendation from the consulting engineering firm regarding the installation of utilities to service the above -referenced Additions. Certification of compliance with City approved plans and specifications and final inspections by Public Works Maintenance personnel result in a recommendation for favorable Council action for project acceptance of perpetual maintenance. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Contract 87-A (Lexington Square 5th & 7th Addition) for perpetual maintenance. 1 S Agenda Information Memo November 1, 1988, City Council Meeting FINAL ACCEPTANCE/LONE OAK 2ND ADDITION L. Contract 87-C, Final Acceptance (Lone Oak 2nd Addition - Utilities) --The City has received a recommendation from the consulting engineering firm regarding the installation of utilities to service the above -referenced Addition. Certification of compliance with City approved plans and specifications and final inspections by Public Works Maintenance personnel result in a r3commendation for favorable Council action for project acceptance of perpetual maintenance. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Contract 37-C (Lone Oak 2nd Addition - Utilities) for perpetual maintenance. APPROVE PLANS/AUTHORIZE BIDS/FIRE STATIONS #1 #2 & #3 M.. Contract 88-28, Approve Plans/Authorize Ad For Bids (Fire Stations #1, #2 & #3 - Parking Lots) --In compliance with the approved 1988 Budget, the Fire Department has initiated the preparation of detailed plans and specifications for the reconstruction and upgrading to City standards of the existing parking lots for Fire Stations #1, #2 and #3. These detailed p=ans have now been completed and are being presented to the Council for approval in consideration of authorizing the advertisement for a bid opening to be held at 10:30 a.m., Thursday, December 1, 1988. It is not anticipated that this project will be initiated until the spring of 1989. However, it would be advantageous to try and lock in existing unit prices for next year's work. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans and specifications for Contract 88-28 (Fire Stations #1, #2 and #3 - Parking Lot Improvements) and authorize the advertisement for a b:Ld opening to be held at 10:30 a.m., Thursday, December 1, 1988. Agenda Information Memo November 1, 1988, City Council Meeting VACATE -DRAINAGE & UTILITY ESMT/GALAXIE CLIFF PLAZA N. Vacate Drainage & Utility Easement, Receive Petition/Order Public Hearing (Galaxie Cliff Plaza) --The staff has received a petition to vacate an existing drainage easement located within the proposed Galaxie Cliff Plaza. With the development of Galaxie Cliff Plaza, a new legal description incorporating this ponding easement based on the revised grading plan will properly incorporate the City's concerns for this ponding easement. It is anticipated that the final plat application will be processed at the time of the scheduled public hearing on December 6. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition to vacate a drainage and utility easement within the proposed Galaxie Cliff Plaza Addition and schedule a formal public hearing to be held on December 6, 1988. Agenda Information Memo November 1, 1988, City Council Meeting VACATE PUBLIC RIGHT-OF-WAY/SUNWOOD COURT 0„ Vacate Public Right-of-way & Drainage/Utility Easements, Sunwood Court and Sunrise Hills Addition --The staff has received a petition to vacate the public right-of-way for the Sunwood Court cul-de-sac and all internal drainage and utility easements dedicated with the plat of the Sunrise Hills Addition incorporating Outlots C -H, Lot 11, Block 3 and Lot 1, Block 4. These vacations are necessary due to the replat of this area as shown on the map enclosed on page 1°1 to provide a better alignment for this cul-de-sac to meet the City engineering standards for access grade and intersecting angle as this cul-de- sac connects to Wescott Hills Drive. All required replacement public right-of-way and drainage/utility easements will be rededicated with the replat of this area which is anticipated to be completed prior to or coincidental with the proposed public hearing of December 6th. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition to vacate the public right-of-way for Sunwood Court and drainage/utility easements within a portion of Sunrise Hills Addition and schedule a public hearing to be held on December 6, 1988. 4. --I )O ROOSI 92)00•-- N•89°21'54" W / .1 I 6 , t ,_._ 75 __w .- ml WS9l•S)•la.E \ J�. � V O •0J 9. !$ 5 ^I N 4 ��°�° �\ I O ''''\,., ! J /ri, f \ I I O ,. : 'N 9 12 �23J 6.29°51'55 hC 4 „i9 d \ //�ti \/ 13 9 ?�11 E 83103A13J321 -COR,,ER Or 'TME /a, SE /a, SEC la •--788.18--- 89°19' 22" W --- n yFh- Lo 1 E: 0 95, oma Yn. of the NW L 0 4TH E SCHOOL H N 89°19'22" W CIF THI= •` is a9 _-. •-i'r 11 • 0 .0) O p^ 4) SCHOOL. AI)0;T1C,N N Agenda Information Memo November 1, 1988, City Council Meeting PUBLIC: HEARINGS VACATE PUBLIC RIGHT OF WAY/SAFARI PASS A. Vacate Public Right -of -Way, Safari Pass --On October 6, the Council received a petition to consider the vacation of a portion of the public right-of-way for Safari Pass and scheduled a public hearing to be held on November 1. This excess public right-of- way was acquired by MnDOT as a part of the I-35E/Cedar Avenue Freeway construction and subsequently turned back to the City's jurisdiction. Enclosed on page ,2 1 is a graphic and legal description showing the location of the excess of public right- of-way requested to be vacated. All notices have been published in the legal newspaper and sent to all potentially affected utility companies As of this date, the staff has not received any objections to this proposed vacation. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public nearing and/deny the vacation of a partial right-of-way for Safari Pass as described. a 0 10 O O- y 3 ,23.58 S! 2 �\ 1 N ``C,"..• -c.` Ns `�. ,\ ,,,,,,,k•t. Y OE ,\ OE \'., 's% -'� \` PE �Q ct-O 01/4, --1 9-s (3' ,E 7 -s ., j C.- ,..„ \•'\ ✓ri.,• S�P▪ y �f\ ��C�E \1 G 1 \X (j O\ r 4R) C.)1 �F\C:'r, ;\O �'\,\ NJ L y.Vi 32u<V ,20" r 6-413-01,rD O r _3 U o ! ! 3.10 o -r • 1 EASTERLY EXTENSION OF SOUTH ;LINE/ c r OUTLOT A,EAGAN ROYALE ` P0aVION OE SAFARI PASS TO BE VACATED EA; r LINE of, SE i/4 OF SE 1/-1 SEC 31, Ivy 21, ItGL 23 That cart of MINNESOTA DEPART?1:;NT OF TRANSPORTATION RICi1'i Or WAY PLAT NO. 15-14 as platted and of record in the office of the Registrar of Titles, Dakota County, Minnesota described as follows: Commencing at right of way boundary Corner h17 as shown on said right of way plat; thence South 0 degrees 03 minutes 18 seconds hest (assumed bearing) along the west line LA said right of way plat ar,d the east line of the Southeast Quarter of :section 31, Township 27, .ianye 23 a distance of 102.54 feet to the point of beginning of the land to 1)e described; thence South 51 degrees 15 minutes 46 seconds East 38.58 toot; thence south- westerly 62.87 feet along a nontanyential curve concave to the southeast, radius of 833.19 feet, central angle of 5 degrees 41 minutes 22 seconds and a chord that tears South 28 degrees 38 minutes 00 seconds 'Aust to said east line of the Southeast Quarter of Section 31; thence ;forth 0 derees 00 minutes 4C :.,econds ..,.:.t alone said east line 79.30 feet to the point of beginning. Agenda Information Memo November 1, 1988, City Council Meeting OLD BUSINESS PRELIMINARY PLAT/MWCC A. Preliminary Plat for Seneca Plant Addition/Metropolitan Waste Control Commission Consisting of 87.83 Acres for Expansion of Seneca Wastewater Treatment Plant --A public hearing was held by the Advisory Planning Commission at their regular meeting held on August 23, 1988 to consider a preliminary plat consisting of 87.83 acres for the expansion of the Seneca Wastewater Treatment Plant. The APC recommended denial of the plat. The City Council gave consideration to the preliminary plat at their September 6, 1988 meeting. After receiving public testimony and a presentation by the MWCC, action was taken to continue the item until the November 1, 1988 City Council meeting, allowing Commission staff to address a number of issues that were raised both by the City Council and audience. For a copy of the information that was provided in the Council packet for the September 6 meeting, refer to pages through City For a copy of information that was supplied to the Wuthering Heights neighborhood on behalf of the MWCC at an informational meeting held on Friday, October 21 in the community room at Cedarvale Lanes bowling alley, refer to pages through Also enclosed on pages �;:o�"Y are letters from concerned residents of the Wuthering Heights neighborhood. Enclosed on pages is a letter from the Public Works Department forwar ing additional concerns concerning the expansion of this facility. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the preliminary plat for the Seneca Plant Addition/Metropolitan Waste Control Commission consisting of 87.83 acres for the expansion of Seneca Wastewater Treatment Plant. Agenda Information Memo September 6, 1988, City Council Meeting PRELIMINARY PLAT/SENECA PLANT ADDITION K. Preliminary Plat for Seneca Plant Addition/Metro Waste Control Commission, Consisting of 87.83 Acres for Expansion of the Seneca Waste Water Treatment Plant --A public hearing was held by the Advisory Planning Commission at their regular meeting held on August 23, 1988 to consider a preliminary plat consisting of 87.83 acres for the expansion of the Seneca Waste Water Treatment Plant. The APC is recommending denial of the plat. For a copy of the Planning �df Engineering Department report, refer to pages P. - ICI through For a copy of a letter and petition submitted by surrounding neighbors, refer to pages M through CA -1 . Also enclosed are two 2) fact sheets prepared by the MWCC, referenced as pages through v? o O. Following the fact sheets is a letter from the MWCC that specifically addresses the necessity for the expansipn project, that letter is referenced as pages 2p r through 0,06 . Enclosed on pages c2through 4;20 is a copy of the APC minutes. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the preliminary plat consisting of 87.83 acres for the expansion of the Seneca Waste Water Treatment Plant located west of Comanche Road in the west half of Section 17, east half of Section 18. C out to the area. Mr. Sturm stated that there would de one more condition added to the 7 lister, conditions, conaition 8 dealing with combining portions of land into one lot. Voracek moved, Miller seconded, a motion to (close the public hearing and to) approve a Waiver ot Plat in order to split Lots 14 and 16, Block.7 ot the Eaganaale Center Industrial Park and combine tnem into two lots consisting of 7.2 acres and a conditional use permit for outside storage and a pylon sign located along west, service road in the east halt ot Section 3, subject to the hollowing conditions: 1. Tne development limit its storm water outtlow into the City storm sewer to 0.5 cts. 2. The proposed entrances from public right-of-way are require° to be 30 feet wine with concrete valley gutters. 3. All public streets and utilities necessary to provide service to this development shall be aesignca by a registerea professional engineer in accordance with City Coaes and engineering standards and policies and approved by start prior to recording of Waiver. 4. A detailea grading, arainage, erosion and seuiment control plan must be prepared in accordance with current City standards and approved by staff prior to recording of Waiver. 5. Ii any public improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to recording of Waiver. 6. This development shall be responsible for the acquisition of all regulatory agency permits in the time trame require° by the affected agency. 7. All signs shall be subject to the one-time sign fee of $2.50 per square foot. 8. The aeveloper and owner of the soutnerly portion of Lot 14 shall combine this parcel ot lana with the southerly portion of Lot 16 under one tax identification parcel number with the Dakota County Auditor. All voted in favor. WAIVER OF PLAT - NATIONAL MINERALS CORPORATION- Chairrctan Pa iity_ned the .next -public hearing regaraing the application for a Waiver...o - in order to split Lot 10, Eagancale Center Inuusfxial-ParK 3ra Addition, ateci along the south sine of Lon9_,Gat -Roan, ed,L of Lunar Lane in the nor -east-ca rte rof Section 2a CITY OF EAGAN SUBJECT: PRELIMINARY PLAT METROPOLITAN WASTE CONTROL ADDITION APPLICANT: MINNESOTA WASTE CONTROL COMMISSION/ DOUG WARNER LOCATION: PART OF THE W 1/2 OF SECTION 17 PART OF THE E 1/2 OF SECTION 18 EXISTING ZONING: I-1 (LIGHT INDUSTRIAL DISTRICT) DATE OF PUBLIC HEARING: JULY 26, 1988 DATE OF REPORT: JULY 21, 1988 REPORTED BY: PLANNING AND ENGINEERING DEPARTMENTS APPLICATION SUMMARY An application has been submitted requesting a Preliminary Plat consisting of one industrial lot containing 87.82 acres for the expansion of the Seneca waste water treatment plant located in sections 17 and 18 of Eagan. COMMENTS Mr. Doug Warner of the Metropolitan Waste Control Commission has been working with the City in order to inform the City of MWCC's plans to expand the waste water treatment facility. Presently, the plat treats twenty-four million gallons of sewage per day and the expansion would double this capacity. The property was not platted in the past and the applicants will include the existing area as well as the proposed expansion in the Preliminary Plat containing the one lot. Mr. Warner has informed the City that this expansion will take a couple of years to complete but to stay on the schedule to meet EPA and PCA standards for water quality, grading must begin this fall and construction of the expansion will be started sometime in 1989 with a completion date in 1991-1992. In review of the Preliminary Plat, the problem which has occured is getting the cooperation of the property owners for MWCC to purchase the additional property that they need. MWCC has submitted an application to the City for processing; however, the owners have not signed the application. In discussing this issue with the City Attorney, this plat should be contingent on the owners signing the application or MWCC condemning the property for the expansion of this plat. Both options are still open and MWCC is hoping that the owners of the property will cooperate and settle on a reasonable price for the property. If not, condemnation procedures will begin. METROPOLITAN WASTE CONTROL ADDITION MWCC was proposing an outlot on the westerly portion of the property. Staff is suggesting that this outlot be eliminated and included in lot 1, block 1 at this time for the fact that no access is provided to the property and that this proposed outlot is being proposed to be tied to the property west. The City has been informed that a radio station is looking to expand the radio antennaes for broadcasting and this is one site that the company is looking at for the tower site location. The City is in the process of analyzing this to see what impacts this would have on tie Fort Snelling State Park to the north and the east. Mr. Warner will be at the meeting to give a presentation of the proposed plans to expand the Seneca treatment plant at the July 26 Planning Commissiion meeting. GRADING/DRAINAGE/EROSION CONTROL: The proposed grading plan shows massive amounts of material being stripped and stockpiled onsite creating two large mounds. The proposed grading exposes suitable material for plant expansion construction. The material being removed from the proposed expansion area has a high organic content and is not suitable for use as a subgrade material for construction purposes. All proposed slope areas are in accordance with City codes and standards. The Development has respected the integrity of the existing drainage easement which crosses the site connecting the sedimentation pond constructed to serve the Kennebec Drive area and the existing railroad trestle which drains to the Minnnesota River Valley. Since the Development is proposing only rough site grading at this point, details for storm sewer requirements are subject to further review when site development details are available for staff review. An erosion and sediment control plan was not submitted as a part of the preliminary plat application. The storm water runoff from the site drains to the Minnesota River basin via culverts under the adjacent railroad tracks. A significant drainage channel passes through this site and needs to be maintained during all phases of construction. Several trapping measures need to be used to minimize transport of sediment to the Minnesota River. The following general criteria for an erosion and sediment control plan are required to be addressed in a plan before a grading permit is issued or final plat approval: 1. Establishment of Vegetation: The perimeter and stockpile areas of this site will require rapid revegetation. The seeding and mulching specifications need to be provided on the proposed erosion and sediment control plan and a general construction schedule should outline when seeding will take place. 2. Sediment -Basins: The proposed stock piles show slopes that are too long, steep and high to be controlled with the use of a silt fence alone. Acombination of diversions and temporary sedimentation basins will be needed to keep sediment from entering the drainage easement- area. These structures can be removed after a permanent vegetative cover is established on the stockpiles. Design calculations and structure detail should be provided on the plan. 3. Cut and Fill Slopes: The slope along the planned south boundary will be disturbed by storm water from the drainage area to the south. A clean water diversion should be constructed on the slope to divert water to the drainage easement and bypass the proposed cut slope. 4. Working In or Crossing Waterways: The drainage easement that is located between soil stockpile areas needs to be kept functional while grading and hauling is occurring across the easement. To this end, a temporary stream crossing will be required for all haul roads. A detailed drawing and location for this practice needs to be on the proposed erosion and sediment control plan. 5. Disposition and Maintenance: A contact person needs to be named on the plan who will be responsible for erosion control concerns should they arise. ASSESSMENTS: A search of City records show no pending assessments of record and the following assessments are proposed in accordance with City special assessment policies in effect at this time: PRDJ # DESCRIPTION RATE QUANTITY AMOUNT 423 Storm Sewer Trunk .083/sf 3,166,951 $262,857 Water Trunk $1,315/ac 52.61 $ 69,182 Water Availability Charge $2,015/ac 52.6 $106,009 TOTAL PROPOSED ASSESSMENT $438,048 All final assessment obligations will be calculated based on the fi:aal plat areas and dimension and the rates in effect at the time of the final plat approval. CONDITIONS: METROPOLITAN WASTE CONTROL 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al, B1, B2, B4, Cl, C2, C4, pi, D1, F1, and Gl. 2. Either condemnation is expedited or the owner of the property sign the Preliminary Plat application before the Preliminary Plat will be approved. 3. The applicant must meet all ETB and PCA rules and regulations for the development of this property. STANDARD CONDITIONS OF PLAT APPROVAL A. Assessments 1. This development shall accept its additional assessment obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights -of -Way 1. This development shall dedicate 10' drainage and utility. easements centered over all common lot lines and adjacent to private property or public right-of-way. 2. This development shall dedicate, provide, or financially guarantee its proportionate share of the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. C. Plans and Specifications - 1. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes and engineering standards and policies, and approved by staff prior to final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards and approved by staff prior to final plat approval. 3. This development shall insure that all temporary dead end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 4. A detailed landscape plan shall be submitted on the proposed grading plan and approved by staff prior to the final plat approval. The financial guarantee shall be included in the Development Contract and not released until one year after the date of installation. STANDARD CONDITIONS OF PLAT APPROVAL PAGE TWO 5. All internal public and private streets shall be constructed within the required right-of-way in accordance with City design standards. D. Public Improvements 1. If any public improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Penults 1. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. F. Parks Dedication 1. This development shall fulfull its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. G. Other 1. All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: LTS#2 STANDARD D Ute - hM J j . 11 5=1 ; ,41 I•,.T.. •� as oto au!•sat•Ioossr C7� f q uOJaesry ualay as f• »O t CERTIFICATE 1D1: DLMDTLS KID DihIEYSiDNS it O •ri I --1 (..1.-;k \.. 1r'•,i r'I I/ i l 1` \ ,� 7;14I t •.. .1 0, ..! lifi,. • I 'i' ,�, Ci„ I� i ,j7.F''I 1 ' , 1 IIIf l �. ,. lid—•,4,• `'��tli{ ,NI • 11 • it I I, • .I �. ...I I N• r ",ci •,�.i,1. 1 rJr::-:•:•fa i 4'..p.:::::::::* 3S • �rm :1 P • L71 (i) W • CC < . c0 c‘i WATER TRUNK •;• It •• .It 116 i •- - - ••• ••,,. — • N-`- .4) — - 37. c_ 18 - 1 _1 / \ II .I� L 1' 1 1 sK1_ I i i/ AP�36 meg;:-•a = _t.: t .. Y ic. ': ti.c '" / .. a'" 796.3 • `A_,(,\ ., 17502.42•7, ,�\:D^c- A -DDD ,1t/-f/T,;B: a. A -D AP -38 6396 84/4 !- 71..887:EN--�,-.�_ry 1 .8°7.--',5';'';_E ? 3. i.: .AP=2',Is,-�. JE566.:c..I. 866.3__< L.. S6 0--n A-0 A- \`/ A-ccei AP -6 795.5 804.2•: ••. Vic•.. .._..... SUBJECT PARCEL city of eagan PUBLIC WORKS DEPARTMEN STORM SEWER MASTER PLAN FIG#I j standard approved: j plate if: 32 C 0:050 65.0/650 / + b 733/700 5501 6 .....i / 710/710 \\ 134 700 _ S i s •80.1/IG24- 13512. 1133 1/4A? 697%IS'fi,00 • '▪ ........ : SUBJECT PARCEL FIG #3 city of eagan PUBLIC WORKS DEPARTMEN WATER approved: MASTER PLAN standard plate 4: 37 Environmental Quality Board Content. A. Metropolitan Waste Control Commission - Seneca Plant Addition- Preliminary Plat consisting of 87.83 acres for the expansion of the Seneca Water Treatment Plant. B. Metropolitan Waste Control Commission. C. Petitioners represenative- Theadore Thoennes 2135 Wuthering Hgts. Rd. Eagan, MN 452-8208 or Elizabeth Bassett 2101 Wuthering Hgts. Rd. Eagan, MN 454-6146 D. The Seneca plant does not have the technology to handle the present problems. or does not care to spend the money to keep the promises they originally made about effects on the environment of their present plant. They have been cited for air pollution and water pollution. They want an additional acreage which will give them 137 acres, but they will not say what their future expansion plans are. Eagan has changed from a mostly rural area to a light industrial, business, residential arca in the 16 years since the plant was built.Since the plant was built, Fort Snelling State Park has been extended to the Cedar Bridge. and would be the neighbor along one side of the 137 acres. We are concerned about air pollution. ground water pollution. flood plain pollution.water table pollution. the SMELL, nit'rates.the stored ash(stored on the property and sent to So. Dakota every so often -and hear that South Dakota wants to send this ash back to Minnesota -Eagan). We question the height and condition of the smokettack. E.The expansion would be partly into the flood plain not within the Floodway Limits as delineated in the Flood -Plain Limits as delineated in the Flood -Plain areas of the Lower Minnesota River. U.S. Geological Survey. 1973. There has been flood water south of the railroad tracks in wet years. They propose to dig out peat and make two giant mountains near the railroad tracks. We had five fires along those tracks this summer. a dry year. We fear the peat could catch on fire; it would be on top of their feeder sewer pipes; it would cover a perched feen. a calcirus feen.a beaver pond. and rare plants. This has also been a favorite walking. skiing. and bicyling area. When they put in the feeder pipes . there was so much water that the pipes floated to the top.(they went down 50 feet) They needed de -watering wells.which were never plugged We want them to clean up their act before exposing Eagan to any more environmental problems. We were never informed that Eagan had,e' requested a EAW. We do not trust �� the Senaca plant. 11 C f We petition the Eagan Planning Commission and the Eagan Mayor and Council to have done an Environmental Impact Stud on the proposed expansion' and upgrading of the Seneca Sewer Plant: We question the smell, the smoke, the flood plain, the hills of stored peat,the wild -life refuge.and the effect on land values and the quality of life. NAME ADDRESS �f 3 /1 / /IL 1/4 n \`') A `' 0 r r • 2 IC el J- t tuc-1-4---1/4/0 71'5 P.•CI 1\i Vii. ,� "l %/,, - y �; /1--\ /," 3 _t - L 7 / l-� tg 2 ). i -1/11 e L&(. /41.7,7L-(1) ifj1/1,2,11/d/i4z)e,t' `IA,/ .1'4 ti' 6AG14/`-) !!"5— ty'. g ,fir /-• ? ..c. -,&..":tri.%) ,,--,'/<3' k--51,_.- --<,t,/,.,t,e.,1:.,t,) 4, ---1-!-IAT j., _., J . / f.)r_R 13 III ;h, . rfiet ' - Pi c_\- I�� Lj; /,,— �:J, rte • .0/ • 7- ey' .• , 7 A / I/ .__; ,41-714-€.-71-' :2- /Id !Clef -a-1-4," lie-lf/4-6° RI I r' "r•-•-- A .7) eL->L4,,, 77262 • ) 7 /2, / / • .) / ?_ 5-27(>Q4'' 1 ) _(2 , , -:,,,,,c,,,,_ 0\ jAvs.:1_,\ -NO— ,i- )I--)1 • , 1-'\ r, (:\ r '--Ll•-k±(1A, )__C(LL tti -1), ,,, c71-/ :• 11 ( -Z /Y/:)' //Ziee.(',/ C>2 /`.5-'3 hr,f----' /)4{jte.- Y—CZ,/ �.y • n4.4; -;3 4' 'lei • r Jr. rto t'1 k tL ikrz L.-4 -h• Lk) kre_ (3Rvfi- c��—►—__ —' T cu -v /3 The following questions are suggested by EQB staff as indicators of potentially significant environmental effects. DOES THE PROPOSED ACTION HAVE THE POTENTIAL FOR: 1. A substantial adverse change in existing air quality or noise levels? • /) 2. A substantial increase in solid or hazardous waste"production? v 3. A substantial increase in potential for erosion, flooding or drainage problems? 4. A substantial adverse effect on surface or ground water quality or on wetlands? ,1 5. The removal or destruction of substantial ouantities of vege- tation or fauna, substantial interference with the movement of any resident or migratory fish or wildlife species, substantial adverse effect on a significant habitat area, or substantial adverse effects on a threatened or endangered species or the habitat of the species? ,4-4LL11S- 6. The creation of a hazard to human health or safety? 7. Inconsistency or incompatibility with adopted land use plans, transportation plans, community goals, or state or federal environmental statutes, regulations or rules? j 8. The impairment of the character or quality of important histor- ical, archaeological, architectural, or aesthetic resou{r�ces? 9. The impairment or dest?iTntorr'of unique geographic areas such as park lands, prime or unique farm lands, wild and scenic rivers, or ecologically critical areas? A-21-4 10. A substantial increase in the amount of energy used or a major change in the type of energy used? 36 �f3 ...•.•.• CORPORATE LIMITS CI Ijc- Alder Lone • 0. C. .7 • CD I <1 CA. • , _ _ • s'\\ /2 SEC. 11.80. FLOOD PLAIN REGULATIONS. Subd. 1. Finding of Facts and Purposes. A. A portion of the lands within the regu- lating jurisdiction of the City is subject to recurrent flooding by overflow of rivers and other watercourses caus- ing a hazard to life and property, disruption of commerce and governmental services and the interruption of transpor- tation and communications, all of which are found by the Council to be detrimental to the health, safety, welfare and property of residents of the City. B. It is the purpose of this Section to promote the public health, safety, and general welfare by minimizing the losses described in Subparagraph A above. Subd. 2. Definition. The following terms, as used in this Section, shall have the meanings stated: 1. "Regulatory Flood Protection Elevation" - A point not less than one foot above the water surface profile associated with the regional flood plus any increases in the flood heights attributable to encroachments on the flood plain. It is the elevation to which uses regulated by this Section are required to be elevated or ,;flood proofed. Subd. 3. General Provisions. A. Application. This Section shall apply to all lands within the Flood -Plain Limits not within the Floodway Limits as delineated in the Flood -Plain areas of the Lower Minnesota River, U.S. Geological Survey, 1973. This survey is hereby adopted by reference and shall be on file in the office of the City Clerk. B. Zoning. The lands defined in Subpara- graph A above shall be so labeled on the official zoning map of the City and shall constitute a separate zoning classifi- cation entitled Flood Fringe Plain (FP). Regulations within this Section shall apply in addition to any regulations imposed by this Chapter. C. Compliance. No structure or land located in a FP District (as defined in Subparagraph B above) shall hereafter be used and no structure shall be located, extended, converted, or structurally altered without full compliance with the terms of this Section and other appli- cable regulations which apply to uses within the jurisdic- tion of this Section. 332 (Is (1-1-83) -., Metropolitan Waste Control Commission Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101 FACT SHEET METROPOLITAN WASTE CONTROL COMMISSION 612 222-8423 C 1. The Metropolitan Waste Control Commission (MWCC) was established by the Minnesota Legislature in 1969 to efficiently collect and treat the wastewater of the Twin Cities metropolitan area, while preserving and protecting the environment. 2. The MWCC owns and operates the wastewater treatment system in the metropolitan area and treats 275 million gallons of wastewater per day. The system serves 105 communities and includes 12 treatment plants and 500 miles of interceptor sewer pipes (those pipes shared by two or more communities and that carry sewage from the communities to MWCC's plants for treatment). The MWCC is also responsible for new construction and maintenance within the system. 3. The MWCC has 980 employees and an annual budget of $108,000,000. MWCC's capital budget is approved by the Metropolitan Council, the long -rage planning and coordinating agency for the metropolitan area. 4. There is a nine -member board of commissioners responsible for policy-making at the MWCC. The Minnesota governor appoints the chairman, who serves at the governor's pleasure. The Metropolitan Council appoints the other eight members, who serve for four-year terms. Day-to-day operations are administered by the MWCC staff, headed by the chief administrator. 5. To track the effectiveness of its treatment program, the MWCC conducts 200,000 environmental lab tests per year, sampling air quality, raw sewage, ground water, and receiving waters (waters that receive MWCC's treated wastes). 6. For four consecutive years, MWCC's largest plant (the Metro Plant), which treats over half of all wastewater in the state, received awards from the Minnesota Pollution Control Agency for maintaining a compliance record of 100% of the state and federal regulations governing MWCC's work. 7. The U.S. Department of Energy has presented MWCC with a Special Recognition National Award for Energy Innovation for a solids processing/energy recovery system that is saving area taxpayers $3 million annually. MPF:cmj 12/14/87 C Metropolitan Waste Control Commission Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101 612 222-8423 CONTACT: Diane Wanner (612) 229-2100 FACT SHEET SENECA WASTEWATER TREATMENT PLANT EXPANSION 1. The Metropolitan Waste Control Commission (MWCC) is planning to expand the Seneca Wastewater Treatment (Seneca) Plant in Eagan, in cooperation with the cities of Eagan, Bloomington, and Burnsville. The plant currently serves nearly 160,000 people in these three communities, as well as parts of Inver Grove Heights, Lakeville and Apple Valley. (Beginning in November 1988, the Seneca Plant will also treat wastewater for Savage.) 2. The $51 million plant expansion will increase the plant's treatment capacity of 24 million gallons of wastewater per day (mgd) by almost one-third to meet the needs of population growth in Eagan, Burnsville and Bloomington. Eagan is the most rapidly growing community of these, with its population doubling to 40,000 during past 5 years. 3. The expansion will also upgrade treatment processes to meet stricter federal and state standards. This will result in improved water quality for the Minnesota River. In addition, odor control measures will be included as part of plant expansion. 4. Plant expansion construction work is expected to begin in late 1988 and be completed in the fall of 1992. Plans for expansion include the addition of treatment units and rehabilitation of existing facilities, as well as building a new aeration blower building, a chlorination/dechlorination building and expansion of maintenance and employee facilities. 5. Fifty-three additional acres of land, adjacent to the current plant site, are expected be acquired by MWCC in conjunction with the expansion. Seventeen acres of the acquired property will be used directly for plant expansion, while the remaining acreage will provide an area of storage of excess soils and a buffer between the Seneca Plant and the surrounding community. 6. The Seneca Plant, one of 12 treatment plants owned and operated by the MWCC, has 51 employees. When the plant was built in 1972 by the Bloomington Eagan Burnsville sanitary sewer district, it was expected that its wastewater treatment capacity would eventually be doubled as the three communities grew. More than 15 miles of interceptor sewer pipes (those pipes shared by two or more -over- communities and that carry sewage from the communities to MWCC's plants for treatment), were also built in the early 1970's by the three communities. Total construction costs for the system were approximately $17 million (equivalent to more than $75 million in 1988 dollars). 7. Primary and secondary treatment processes are used to treat wastewater at the Seneca Plant. In primary treatment, screens and settling tanks separate sand, grit and larger solids from the wastewater, removing 50 percent of the pollutants. In secondary treatment, wastewater is aerated to stimulate natural bacteria, which consume up to 90 percent of the remaining organic pollutants. Disinfection kills remaining bacteria before the water is released into the environment. Dewatering and incineration are the methods used to dispose of sludge, a byproduct of treatment. Ash from incineration of the sludge is stored in lagoons near the plant and periodically removed. 8. The Metropolitan Waste Control Commission was established by the Minnesota Legislature to efficiently collect and treat the wastewater of the Twin Cities metropolitan area, while preserving and protecting the environment. The MWCC serves a total of 105 communities in seven counties and treats 275 million gallons of sewage per day. DKW:cmj 08/15/88 C Metropolitan Waste Control Commission Mears Park Centre, 230 East Fifth Street, St. Paul. Minnesota 55101 612 222-8423 August 30, 1988 Mr. Thomas Hedges City Administrator City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Seneca Wastewater Treatment Plant Expansion and Upgrade MWCC Project Number 85-57 Dear Mr. Hedges: As you are aware, the Metropolitan Waste Control Commission went before the Eagan Planning and Zoning Commission on August 23, 1988 for approval of a preliminary plat for the Seneca Wastewater Treatment Plant expansion and upgrade project. Our request for approval of the preliminary plat was denied at that time. However, we will be pre- senting our request for approval of the preliminary plat to the City Council on September 6, 1988. In our presentation to the Planning and Zoning Commission, many issues and questions had to be addressed. Two main concerns surfaced during the meeting: 1) Plant odors and, 2) Expansion of the plant to the west on land not now owned by the Metropolitan Waste Control Commission instead of expansion to the east on land the Commission now owns. To a large extent, the issue of expansion to the west versus the east is also related to odors and the desire of neighboring resi- dents to keep the expansion as far away from their property as possible. Because of the large number of issues discussed at the q9 Mr. Hedges MWCC Project No. 85-57 Page 2 8/30/88 meeting, we did not focus our presentation specifically on either the issue of odor control improvements or west versus east expansion. Introduction and Project Need The Seneca Wastewater Treatment Plant expansion and upgrade project is required to treat the increasing volume of wastewater generated in the service area and to meet stricter federal and state wastewater treat- ment standards. The $51 million plant expansion will increase the plant's treatment capacity of 24 million gallons per day by nearly one third, to meet the needs of population growth in Eagan, Burnsville and Bloomington. The plant currently serves nearly 160,000 people in these three com- munities, as well as parts of Inver Grove Heights, Lakeville and Apple Valley. Beginning in November, 1988, the Seneca plant will also serve Savage. The communities of Inver Grove Heights, Lakeville, Apple Valley and Savage represent less than five. percent (5%) of the existing flow, based on sewered population, and will only represent nine percent (9%) of the flow in the year 2010. It is estimated that plant capacity, based only on flow, will be exceeded during 1992. In order to meet the more stringent water quality standards, the MWCC has entered into an agreement with the Minnesota Pollution Control Agency requiring an ambitious construction schedule so that standards can be met by mid-1992. If the schedule is delayed, the potential exists for a moratorium on sewer hook-ups. Fifty three (53) additional acres of land, adjacent to the current thirty five (35) acre plant site, are expected to be acquired by MWCC C Mr. Hedges MWCC Project 85-57 Page 3 8/30/88 in conjunction with the expansion and will result in a total plant site area of slightly under eighty eight (88) acres. Approximately seventeen acres of the acquired property will be used directly for the plant expansion, while the remaining acreage will provide an area for storage of excess excavated peat soils and a buffer zone between the Seneca plant and the surrounding community. The major expansion work consists of new aeration tanks and final clarifiers located west of the existing headworks area, primary clari- fiers, sludge dewatering facilities and sludge incinerators. Other work consists of remodeling existing facilities, adding odor control, and adding new maintenance and employee facilities to the existing solids handling building. Odor Control Measures Planned Areas identified as odor sources in the existing plant include the headworks screenings room, aerated grit tanks, primary clarifiers, final clarifiers, sludge thickening building, sludge dewatering, and the solids processing building. While the Seneca Wastewater Treatment Plant expansion and upgrade project includes only the liquid treatment areas, there are projects proposed or being planned to address all plant odor sources. Nearly three million dollars worth of proven odor reduction technology is being installed at the Seneca plant in con- junction with the plant expansion. In addition to the plant areas listed above, the Bloomington lift station and flow metering station have been identified as odor sour- ces. These facilities are located on Nicols Road near the Chicago and Northwestern Railroad tracks. ‘, I Mr. Hedges MWCC Project No. 85-57 Page 4 8/30/88 Carron odor adsorption units have recently been installed at the Bloomington lift station and the flow metering station. The lift sta- tion unit is fully operational and the meter station unit is under- going some alterations to achieve full operation. Odor filtration units similar to these have been used at other Commission facilities with very good success and have been found to remove all, or nearly all, of the odor causing compounds. Odor= control measures for the headworks area and primary clarifiers call for capturing odorous air and treating it in a two-stage system using a chemical scrubber followed by a carbon adsorption unit. Two carbon units will be provided. One carbon unit will be used as standby but will have ducting to allow air to flow through all three units prior to discharge. In addition, facilities will be provided for injection of chlorine into the raw wastewater as an additional odor control feature. Chlorine oxidizes sulfides in the wastewater preventing their release into the air which would cause a rotten egg type odor. This system should remove all or nearly all of the odor causing compound from the air. Part of the plant expansion includes using compressed air and fine bubble diffusers in the aeration tanks. The new system will reduce odors resulting from surface turbulents of the wastewater and from anaerobic bacteria. In addition, new circular final clarifiers will improve odor control by preventing sludge from collecting on the sides of the tanks and will include a new skimmer system to more effectively remove floating solids which might cause odors. (5 Mr. Hedges MWCC Project No. 85-57 Page 5 8/30/88 Sludge thickening, dewatering and incineration at the Seneca plant is being evaluated as part of a study of sludge management (treatment and disposal) in the southwest metro area. The study is evaluating man- agement of sludge solids generated at the Chaska WWTP, the Blue Lake WWTP in Shakopee, and the Seneca WWTP in Eagan. The study is divided into two phases. Phase one of the study, which evaluated the "universe" of sludge treatment alternatives for all three plants is nearly complete. To date, conclusions of the study are that thickening and dewatering of Seneca sludge at Seneca will continue. However, incineration of sludge at Seneca may or may not be a final recommendation. The proposal for upgraded sludge treatment facilities (not part of the plant expansion), provides for sludge thickening and sludge dewatering in one area instead of in two separate locations as is the current practice. This area would be sealed off with a solid wall and odorous air treated with a two-stage chemical scrubber. The first stage would use a dilute caustic solution to remove hydrogen sulfide (rotten egg odor). The second stage would use a combination of chlorinated water and dilute caustic solution. This second combination of chemicals is designed to remove organic odor constituents, as well as any residual hydrogen sulfide. In addition to the scrubbers, potassium permanganate, a strong oxi- dizing agent, will be added into the sludge prior to the thickening or dewatering processes. The potassium permanganate will work to oxidize (destroy) most of the sulfides (rotten egg odor) and many of the orga- nic odor compounds prior to the point were the sludge comes in contact Mr. Hedges MWCC Project No. 85-57 Page 6 8/30/88 with the air. This is done now, but it cannot totally eliminate odor causing compounds from the sludge. Currently, sludge is taken from the dewatering area to the incinera- tors on open conveyor belts which allow odors to escape to the surrounding air. The future system will use a solids pumping system and enclosed piping which will control odor migration into the building ventilation air. The odor control systems and process improvements already installed or proposed in the Seneca plant expansion project and sludge handling facility upgrading project should stop septic and rotten egg -type odors from leaving the Seneca wastewater treatment plant, the Bloomington lift station, and the flow metering station. Since it is unknown at this time whether the incinerators will con- tinue to be used at Seneca, no project has been initiated to add equipment to remove odors from the incinerator exhaust discharged from the smoke stack. If incinerator use is continued, exhaust stream afterburners will be installed, along with other improvements which will reduce odor generation. The afterburners are equipment which provides a separate area where the incinerator exhaust is contacted with a high temperature natural gas or other fuel flame and remaining unoxidized compounds (odor causing compounds) are burned or destroyed. Plant Construction - West Versus East The apparent motivation for concern on the plant expansion to the west versus east is the belief that such an expansion will worsen the impact of odors on neighborhoods lying west of the plant. This is not .� ,..AY Mira. C Mr. Hedges MWCC Project No. 85-57 Page 7 8/30/88 correct. The odor situation will improve markedly after the plant expansion is complete. The impact odors will have on the surrounding community is substantially independent of the configuration of the plant expansion because odors from the major sources will be controlled. The only viable scheme for expanding in a different direction called for a "mirror image" expansion (an expansion substan- tially identical to the existing plant) to the east. This was part of the original Seneca WWTP design concept and is one reason the original plant was sited on the westerly portion of the property, leaving an area to the east vacant. This concept is no longer valid because a "mirror image" expansion can't treat wastewater to today's advanced standards. Such a plan simply won't work. During the recent planning process, all alternatives which provided for advanced treatment, employed westerly expansion schemes. Such schemes have operational advantages over schemes employing some facilities to the east and some to the west, and no disadvantages. Such east/west expansion schemes, while technically feasible, are somewhat akin to a home improvement project that locates the dishwasher in the living room. I hope the information provided in this letter provides a clearer pic- ture of the odor control measures proposed by the Metropolitan Waste Control Commission and how these measures fit into the overall plant odor control plan. In addition, I hope my comments on the issue of plant expansion to the west versus the east has shed some additional light on why the Metropolitan Waste Control Commission has chosen to expand the plant to the west. Mr. Hedges MWCC Project No. 85-57 Page 8 8/30/88 If you have any questions, please feel free to contact Commissioner JoEllen Hurr at 471-9801, Commissioner Bruce Baumann at 451-2974 or me. Very truly (;71-7--) 6.17:-Xf7 Edward J. DeLaForest rG Director of Engineering and Construction EJD:FDW:pap L-79 cc: MWCC Commissioner Baumann MWCC Commissioner Hurr MWCC Commissioner Mahon James Hiniker, MWCC Pace 9/PLANNING COMMISSION MEETING i•MINUTES August 23, 1988 10. All sides of the buildings shall be treatea architecturally with the same materials. 11. The parking lot layout tor Lot 1, Block 1, shall be revisea, having 18' -length stalls where curbing is provided. 12. All landscaping shall be compatible in size, specie, ana quantity. Effort to save existing rardwooa species snail be demonstrated wherever possible. 13. All site generated storm water runoff is required to be conveyea to Pond AP -14. 14. The development is required to submit the detail plans and specitications for the proposea retaining wail construction for staff review and approval prior to final plat approval. 15. The site plan details of the proposed Lot 1, Block 1, development are subject to further review and requirements as a part of the final plat review process. 16. The developer agrees that the following uses will be prohibited in the Planned Development: radio/tv, outaoor storage, lodges, swimming pools, garden store, movie theatres and . municipal -type buildings. All voted in favor. Chairman Pawlenty and the Commission -members informed the public that because of the time frame, the Commission would be holaing public hearings for the Seneca Plant Aadition ana the Wescott Square Addition at the meeting and the remaining items on the agenda unaer New Business would be continued to a Special Advisory Planning Commission meeting on August 30, 1988. SENECA PLANT ADDITION - .METROPOLITAN WASTE CONTROL COMMISSION Chairman Pawlenty opened the public hearing regarding the preliminary plat consisting of 87.83 acres for the expansion of the Seneca Water Treatment Plant located west of Comanche Roaa in the west half of Section 17 ana the east half of Section 18. City Planner Dale Runkle stated that as a result of concerns raised by adjacent residential --property owners at the last month's APC meeting, a neighborhood meeting was held on August 22, 1988. He stated that staff had further reviewed the proposed grading plan ana the visual effect the proposed mounds of earth would -have on the adjacent residential properties. He stated the two proposed westerly mounds of earth would definitely affect the residential properties' view of the Minnesota River. He stated that an additional concern Page 11/PLANNING COMMISSION MEETING MINUTES August 23, 1988 the incinerator. He outlined possible future expansion plans. He stated that in retard to the mounas or earth from the excavation, the impact on the habitat would be minimized by the aesign. He stated there is a residential area to the south of the mounds ana they would be reduced to enhance the residential view. He presented a chart to the Commission snowing the cross sections of the mounds to show the effect on the residential view. He further stated the Gesic:natea trout stream would not be impacted. He stated they are working witri the PCA regarding the environmental coordination and that tne construction would not affect any wetlands. He further explained the visibility from different vantage points. No solid waste or hazardous waste would be trucked in ana some waste from the users would be put into the system. He stated a fence would surround the plant to keep animals out as the facility is not amenable to wildlife. He further stated that Blue Lake sluage is truckea to the Seneca Plant for .incineration. Betty Bassett, 2101 Wuthering Heights Road, informea the Commission tnat the Seneca Plant is alreaay tne second largest plant :in Minnesota and alreaay own lana that can be updated. She stated the :and is zoned Light Industrial ana a zoning change should be required. She stated the flooa plain extenas into the proposea area. She feels the peat could catch tire and that rain could wasn material onto the railroad tracks. She stated the area would be a new Pigs Eye. She also said the smell would interfere with the area.and tnat the bad effect would be on the whole city. She urgea aenial of tne petition and stated Seneca should use their present lana. She requested the City conduct an impact study. She questioned what variances were needea to Chapters 11 and 13 of the City Code. Ted Tennis, 2135 Wuthering Heights Road, was concerned regarding the peat mounds and the impact the plant would have on the wetlands. He further stated there is currently a smell from the plant and the matter would not get better. He stated the Seneca Plant currently processes seven communities and Blue Lake. Mike Hazel, 2129 Silver Bell, stated the original zoning was Light Industrial. He stated the plant does not qualify and he is concerned regarding future uses. Mike Corbit, 2125 Wuthering Heights, stated that odor facilities are planned and questioned if they utilized the state -or -the -art. He stated the presentation was too indetinite. He further stated there is a smell problem and that the residents' view will be impaired. He stated he feels a fence is ugly and that the property values in the area would be reduced. He askea if residents' properties.coula be bought out. Gordon Eistad, 2111 Wuthering Heights, stated there has been a smell from the plant for many years and that the complaints had not been handled. He states the smoke stack is level with tne bluff ana C Pace 12/PLANNING COMMISSICN MEETING i•iINUTES August 23, 1988 that residents are sometimes forced to leave tne area because of tree smell. He statea the mounds woula aestrov the views ana ne wants guarantees regaraing the ruture developments. Allan Adams, 2132 Silver Bell, statea there are many smell problems in the area alreaay ana the adaition would increase the problem. Mark Johnsen, 2113 ,':uthering Heignts, was concerned regaraing the peat piles, one smell, financial guarantees, PCA standards ana ruture expansion. Chairman Pawlencv asked the developer wnat could be cone about the smell in the area. The aeveloper statea the areas haa been identified ana that the complaints are wnat aeneratea the project. Ii there are no chances mace, the problem woula remain. The facilities are very expensive. Commission -member Garry questioned it tne odor control could be separate without the expansion. The develotier statea ves. Mr. Garry askea it tne developer woula be willing to co this. The aeveloper stated they try to be a goon neighbor. Mr. Garry askea if the matter were ceniea, would the developer still aaaress the odor problem. The developer statea tney would. Commission -member Miller asked if there would be more or less oaor if the expansion were approved. The developer stated there would be less. Commission -member Graves asked why there woula be less of a problem ana questioned if it woula because of the new equipment. He questionea now long it naa been planned. The developer statea the odor problem haa been workea on for several years. .ir. Graves askea it they haa not come up with a gooa solution yet. The aeveloper statea several solutions nave been tried. i•1r. Graves askew why no installation of tne facilities nas been completed yet. Tne aeveloper statea it was part of tne expansion plans. t•ir. Miller asked wny the developer had not installea odor prevention equipment in the past. The developer statea upgrading is a large expenditure. They are planning the upgraae in a cost effective way. Commission -member Trvgg questionea it there were any controls at the present time. The developer stated there are controls but they are not 100% effective. Commission -member Voracek asked what percent of odor the air purifiers remove.. The aeveloper statea between 95% and 99.5%. He further statea the meter station is not working properly and is under repair. f•1r. Merkley questionea how long it has been detective. The aeveloper stated since February of 1988. Mr. Garry asked what percent causes the smell. Tne aeveloper statea the meter station was unsure. He stated the Seneca Plant aoes not use carbon scrubber and the percent is not measurable. Mr. Voracek questioned how they could treat the problem it they do not know the source. The developer stated there are surveys within the plant. £4r. Voracek questionea if the problem was not solved, would the smell be worse with the expansion. The developer stated a secondary treatment is being expanaed which is the lowest odor source. Mr. Voracek statea he felt the present problem should be cleanea up before the expansion. � S5 Page 13/PLANNING COMMISSION MEETING MINUTES August 23, 1988 Commission -member Garry questioned the Commission at what point woula odor control expenditure go forward. He questioned if the odor problem was being used as a leverage tor the expansion. Bruce Baumann stated they became aware of the problem two years ago. The plant expansion is a five year process and the oaor problem is not being used as a leverage. The lana tnat is available, perhaps not the best use, but it would be used to meet the expansion requirements. The plant will be expanoea and odor control would be a part or the process. The smoke stack issue would be aaaressea. Mr. Garry asked in what wav the smoke stack issue would ne addressed. Mr. Baumann statea he was not sure but the problem would be improved. Mr. Merklev asked would it be expanded one way or another. Mr. Baumann statea there is a neea to expand ana tnev are close to capacity. They must meet the discharce requirements. Chairman Pawlenty questioned why the present lana was the best. The develocer statea there was a combination or :actors sucn as hydraulics, flexibility, liability, ana future expansion. Chairman Fawlenty asked if the present lana could be used. The developer stated technically yes. However, economically he was not sure. Mr. Merklev asked if the present lana could be used environmentally. The developer stated perhaps. The wetlands are to the west ana much more lana would need to be excavated. Mr. Miller asked if staff.had a preference. City Planner Dale Runkle stated staff has not looked at that scenario. Trygg questioned if there were other expansions being considered. The develocer stated there are no specific plans. Chairman Pawlenty statea that it they received the aaaitional lana now, they could expand even further in the future. Mr. Graves asked if additional land had been acquired. The developer stated they were still negotiating. Mr. Graves requested a clarification of the land acquisition location. Mr. Runkle pointed out the area. Mr. Garry asked if the Commissioner would condemn. Mr. Baumann statea it would be necessary it the negotiations could not be completed. Mr. Garry asked if the Commissioner was aware of the present lana. The Commissioner stated 53 acres would be used as a butter and that he is not involved in the plant design. Jean Latross, MWCC Counsel, stated the owner would accept the offer and that MWCC had already passed a resolution to conaemn. Chairman Pawlenty asked if there was a need tor a zoning change. Mr. Runkle statea that a zoning decision naa been mace that the use. was appropriate. Chairman Pawlenty questionea what variances would be requirea. Mr. Runkle stated the reference to variances was stanaara language and that there were no known variances necessary at this time. Chairman Pawlenty questioned when the waste report could be reviewed. The developer stated it was in two phases ana the first Page 14/PLANNING COMMISSION MEETING MINUTES Page 16/PLANNING COMMISSION MEETING MINUTES August 23, 1988 statea an expansion in the other direction would ;cove the proposea expansion Curtner from the residential area. Chairman Pawlenty questioned what `,oula be the results if the matter were aenieu by the Planning Commission. The Commissioner statea that stats would have to quickly reassess other expansion methods. He iurtner statea the car`acity ana the EPA ranaatea problems. ,:ember Trygg askew it they souls return to the Planning Commission in 30 or 60 clays. fir. Graves statea t,.ev could explore ether options ana he would rather nave tne :;atter con.tl nuea. Mr. Voracek statea the problem would not be sclvea in 30 aays. Mr. :filler statea the citizens cid not want the expansion. Mr. Graves questioned the feelings oz tne other citizens in tne City or Eacan. Mr. Miller statea the feasibility ct other o^tions snouia be explored. Mr. Cierklev statea tnat citizens want a proffer c::eration, not the cirection or the expansion. Voracek moves, Garry seconded, the motion co close the public hearinc ana to eery tne request for a preliminary plat consisting or 87.83 acres ter the expansion or the Seneca ;tater Treatment Plant located west of the Comanche Road in the west nail of Section 17 ana the east halt or Section 18. Garry, Voracek, Pawlenty, Miller, ana i•ierkley voted in favor; Trygg ana Graves vozea against. Some of the reasons for the denial were as follows: 1. The developer should prove they are a coca neighbor by taking care of the present odor problem first beiors the expansion. 2. The developer cannot pinpoint the source of the odors; they should know the cause and the proportions. 3. The developer should explore the feasibility of expanding onto existing property. 4. The developer should have a solution for the smoke stack problem. 5. MCC should do their homework ana be prepares to aaaress the Council concerns. WESCOTT SQUARE ADDITION — NEW HORIZON HOMES Chairman Pawlenty opened the public hearing regarding the preliminary plat of 9.83 R-3 (townhouses) zoned acres for 71 units located along Yankee Doodle Roaci ana Elrene Road in the Northeast Quarter of Section 14. Assistant Planner Jim Sturm informed the Commission that at their July 26, 1988, meeting, the item has been continues unanimously for the following lour reasons: Pace 15/PLANNING COMMISSION MEETING MINUTES August 23, 1988 Commission -member Graves mace a motion to approve the preliminary plat consisting of 87.83 acres tor tne expansion of the Seneca Water Treatment Plant located west or Comanche Roaa in the west half of Section 17 ana tne east halt of Section 18, subject to the following conaitions: 1. These standard conditions of plat approval as atoptea by Council action on September 15, 1987 snail be comoliea with: Al, B1, B2, B4, Cl, C2, C4, D1, Fl, ana G1. 2. Either condemnation is expedited or the owner of the property sign the preliminary plat application before the preliminary plat will be appy ov ea. 3. The applicant must meet all ETE and PCA rules and regulations for the development of this property. 4. The development is required to limit the elevation of the proposed earth mounds to not exceed elevation 780. 5. The developer must demonstrate to the City how the odor problem and smoke ash problem tram the smoke stack would be adaressea. Member Voracek statea the developer did not know how to solve the problem and suggestea the aeveioper demonstrate that they can ao something before they go ahead. He statea they are trying to get more lana so they can expana even turther in the tuture. There was a lack of a secona for Mr. Graves' motion. Mr. Graves questioned why not a preliminary plat for all or the land. Mr. Runkle stated they are platting only the existing ana tne proposed plant. The platting would redetine the government tract. Mr. Graves stated he telt the matter should be sent to the Council. He further stated the City must treat the water if they were nearing capacity. Mr. Garry stated the Planning Commission should not do the MWCC's job. He felt that denial would be a strong message. Mr. Graves stated the Planning Commission should tell the MWCC what they wanted. Mr. Voracek statea he did not care if the matter were continued or denied but stated a continuance would not provide enough time. He stated he was not convinced by the presentation. Member Trygg stated the issue concerns everyone. Mr. Voracek stated the MWCC did not ao a cool job of addressing the issues and recommended sending the matter back for more planning. Chairman Pawlenty stated the Council would have to deal with the matter eventually. Mr. Voracek stated ne aid not deny the need for the expansion, but needs more homework cone. He j,');Zag' Page 16/PLANNING COi•MMISSICN MEETING MINUTES August 23, 1988 statea an extansion in the other direction would move the proposea expansion iurtner tram the residential area. Chairman Pawlenty questioned what would be the results it the matter were deniea by the Planning Commission. The Commissioner statea that staff would have to quickly reassess other ext:ansion methods. He r urtner statea the caNacity ana the EPA manaatea problems. Member Tryga askea if they couia return to the Planning Commission in 30 or 60 aays. fir. Graves statea tnev coula explore otner options ana he would rather have the matter contlnuea. Mr. Voracek� statea the problem would not be soivea in 30 aays. Mr. Miller statea tne citizens aid not want the expansion. ,:r. Graves questioned the feelings or the other citizens in tne City or Eagan. :ir. hiller statea the feasibility cr other options snout a be extlorea. Mr. Merklev statea tnat citizens want a proper operation, not tne direction of the expansion. Voracek moved, Garry seconoea, tne motion to close tne public hearing ana to deny tne request Lor a preliminary plat consisting or 87.83 acres for the expansion or the Seneca Water Treatment Plant located west or the Comanche Road in the west nalf or Section 17 ana the east halt or Section 18. Garry, Voracek, Pawlenty, Miller, ana Merkley votea in favor; Trygg ana Graves votea against. Some of the reasons for the denial were as follows: 1. The developer should prove they are a good neighbor by taking care of the present odor problem first before the expansion. 2. The developer cannot pinpoint the source of the odors; they should know the cause and the proportions. 3. The developer should explore the feasibility of expanding onto existing property. 4. The developer should have a solution for the smoke stack problem. 5. MCC should do their homework ana be prepared to address the Council concerns. WESCOTT SQUARE ADDITION - NEW HORIZON HOMES Chairman Pawlenty opened the public hearing regarding the preliminary plat of 9.83 R-3 (townhouses) zoned acres for 71 units located along Yankee Doodle Roaa ana Elrene Roan in tne Northeast Quarter of Section 14. Assistant Planner Jim Sturm informed the Commission that at their July 26, 1988, meeting, the item has been continues unanimously for the following four reasons: l� 3 Agenda Information Memo September 6, 1988, City Council Meeting PRELIMINARY PLAT/WESCOTT SQUARE ADDITION L. Preliminary Plat for Wescott Square Addition/New Horizon Homes of 9.83 R-3 Townhouse Zoned Acres for 71 Units Adjacent to Yankee Doodle and Elrene Road --A public hearing was held by the Advisory Planning Commission at their July 26 meeting, to consider a preliminary plat entitled Wescott Square Addition, consisting of 71 owner occupied townhouses of 9.83 previously zoned R-3 acres. This item was continued by the APC to their August 23 meeting to address four (4) specific points that are outlined in the attached memo for City Council review. For a copy of the Planning an Engineering Department report, refer to pagesa through For a copy of the APC action on this item, refer o those minutes, a copy is attached and referenced as pages �t�q through nct 7. The Advisor arks and Recreation Department action is enclosed on page 7 ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the preliminary plat for Wescott Square Addition/New Horizon Homes of 9.83 R-3 zoned acres for 71 units, adjacent to Yankee Doodle and Elrene Road. Metropolitan Waste Control Commission 350 Metro Square Building, 7th and Robert, St. Paul, Minnesota 55101 612 222-8433 October 18, 1988 The Honorable Victor Ellison Eagan City Hall 3830 Pilot Knob Road Eagan, Minnesota 55122 Dear Mayor Ellison: The Metropolitan Waste Control Commission (MWCC) met October 17, 1988 to discuss the issues which were raised by resi- dents living near the Seneca Wastewater Treatment Plant. Following extensive discussion, the Commissioners passed the attached resolutions in response to the concerns raised by the residents. One resolution states that the peat will not be stored in mounds north of the homes which are located to the west of the plant. The second resolution has to do with odor control for the incinerator stack. This resolution authorized that odor control equipment study be instituted if the Residual Solids Management Study determines that the MWCC will continue to incinerate sludge at the Seneca Wastewater Treatment Plant. Jim Hiniker, MWCC Acting Chief Administrator, and his staff will contact you and your staff to further discuss the pre- sentation which will be made to the Eagan City Council on November 1, 1988. Commissioner Bruce Baumann and I will meet with the resi- dents of the area southwest of the Seneca Plant to discuss the actions taken by the Commission regarding peat and the incinerator stack on October 21, 1988. The meeting with the residents, is to be held from 6:30 - 9:00 p.m. in the Community Room at the Cedarvale Lanes Bowling Alley. Our Engineering Department has provided responses to the questions about Seneca, raised at a meeting at the Thoennes' home on September 25, 1988. These responses were mailed to the residents of the Wuthering Heights neighborhood on October 18, 1988 and a copy is enclosed. V. ELLISON October 18, 1988 Page 2 If you have questions regarding the actions we have taken or about our meetings with your residents, please call me at 229-2097. Sincerely, Lurline J. Baker -Kent, Chair LJB/LS Enc. LB10.88 �i L(o Metropolitan Waste Control Commission 350 Metro Square Building, 7th and Robert, St. Paul, Minnesota 55101 612 222-8423 1ution were pas2ed at the 1?, the Motropolitan 7hern to you without 3ign,ture..-: I hIn the m.111 today and it wly delay getting the by va Lt 1 w‘it for :,:ign:Itures. Col OPERATIONS AND BUDGET 88-237 METROPOLITAN WASTE CONTROL COMMISSION MEARS PARK CENTRE 230 East 5th Street, St. Paul, Minnesota 55101 (612)222-8423 RESOLUTION NO. 88-237 RESOLUTION DIRECTING REMOVAL OF PEAT FROM SENECA PLANT EXPANSION SITE, PROJECT 85-57 WHEREAS, present plans for the Seneca Plant expansion call for disposal of soil excavated during the construction of the expanded plant on property to be acquired by the MWCC directly to the west of the existing plant; and WHEREAS, the Commission has determined that it is in the best interest of the Commission and community to not deposit excavated soil on land to the west of the existing plant and to remove the soil excavated during the construction of the expanded plant to an off-site location or to a location to the east of the existing plant; BE IT RESOLVED, that the Metropolitan Waste Control Commission hereby directs its Chair and Chief Administrator to provide for removal to an off-site location or to a location to the east of the Seneca Plant, of soil excavated for expansion of the Seneca Plant and originally planned for disposal to the west of the plant. Adopted this 17th day of October, 1988 METROPOLITAN WASTE CONTROL COMMISSION Lurline Baker -Kent James J. Hiniker Chair Acting Chief Administrator JKM:am 10/17/88 OPERATIONS AND BUDGET 88-238 METROPOLITAN WASTE CONTROL COMMISSION MEARS PARK CENTRE 230 East 5th Street, St. Paul, Minnesota 55101 (612)222-8423 RESOLUTION NO. 88-238 RESOLUTION DIRECTING DETERMINATION OF BEST TECHNOLOGY AVAILABLE TO REDUCE ODORS AT SENECA PLANT WHEREAS, the Commission has determined that it is in the best interest of the Commission and community to address the issues of odors at the Seneca Treatment Plant; and WHEREAS, the Commission is now awaiting the results of the Residual Solids Management Study which will determine whether incineration of sludge will continue at the Seneca Plant; and WHEREAS, the Commission has determined that it wishes to use the best technology available to reduce odors at the Seneca Plant if incineration of sludge is to continue at the Seneca plant; NOW THEREFORE, BE IT RESOLVED, the Metropolitan Waste Control Commission hereby directs its Chair and Chief Administrator to immediately determine the best technology available to reduce odors at the Seneca Plant in the event incineration were to continue at the plant; and BE IT FURTHER RESOLVED, that the Chair and Chief Administrator report their findings to the Commission as soon as such determination is made. Adopted this 17th day of October, 1988 METROPOLITAN WASTE CONTROL COMMISSION By By Lurline Baker -Kent James J. Hiniker Chair Acting Chief Administrator JKM:am 10/17/88 c, G Metropolitan Waste Control Commission Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101 612 222-8423 To the residents of Wuthering Heights: Mr. Tod Thoenne9 has reserved the Community Room at Cedarvale Lanes on 3883 Beau D'Rue Drive for 6:30p.m. on Friday, October 21, 19A8 to meet to discuss the Seneca expansion and upgrade. I greatly appreciate his assistance in arranging for this meeting. MEETING NOTICE SENECA UPGRADE & EXPANSION CEDARVALE LANES COMMUNITY ROOM 3883 Beau D'Rue Drive FRIDAY, OCTOBER 21, 1988 6:30 P.M. Metropolitan Waste Control Commission Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101 October 17, 1988 To Residents of the Wuthering Heights Neighborhood: 612 222-8423 September 25, 1988 I met with you regarding concerns you have about the Metropolitan. Waste Control Commission's (MWCC) Seneca Wastewater Treatment Plant and the upgrade and expansion planned for this plant. Your questions were based on the Seneca expansion and upgrade as it was presented to the Eagan City Council in early September. At the September 25 residents meeting at the Thoennes's home, my staff recorded all of your questions and I said I'd get back to you with replies to your questions. The attached report is our Engineering Department's response to the questions raised at that meeting. A meeting has been scheduled for this Friday, October 21, for me to meet with you regarding what adjustments the MWCC is willing to make to the Seneca plans. I am referring to adjustments to the Seneca plans presented to the Eagan City Council in early September. We have spent a great deal of time considering this issue. The answers I give you on October 21 will be according to the actions of the entire Board of Commissioners. Since,Q• y, rline Bake -Kent, Chair etropolitan Waste Control Commission '1 D Reply to questions raised at the Seneca Wastewater Treatment Plant neighborhood meeting as contained in Lurline Baker -Kent's (MWCC Chair) September 27, 1988 memo to Jim Hiniker (MWCC Acting Administrator). All questions are answered in the order they are listed in the memo. QUESTIONS AND ANSWERS I. POSITION OF THE CHAIR 1. Q As temporary Chair of the Metropolitan Waste Control commission (MWCC), can we depend on what you tell us being carried out? A The agreement which is worked out between the City of Eagan and the Metropolitan Waste Control Commission should be a legal document in which both sides can feel comfortable and assured even if a new Chair, Commission, or City Council is in place. II. BLUE LAKE 1. Q How much of MWCC's Blue Lake plant's sludge is transported to the Seneca plant for incineration? A Between 1985 and 1987, approximately 80% of the Blue Lake sludge was transported to Seneca for incineration. During 1988, approximately half of the Blue Lake sludge was transported to the Seneca plant. 2. Q Why does Blue Lake sludge have to come to Seneca? Why not send Blue Lake sludge to the Metro plant? A It is less expensive and safer to truck Blue Lake sludge to the Seneca plant than it is to truck it to the Metro plant. 3. Q We don't remember so many sludge transportation trucks from Blue Lake in the past. Are there more trips being made now or were you hauling mostly at night before? A Between 1985 and 1988, the volume of Blue Lake sludge transported to the Seneca plant has been approximately 30 million gallons per year. The quantity has not increased, because the new sludge thickeners at the Blue Lake plant, which began operation in July, 1988 have reduced the total volume of sludge to be transported. The volume from Blue Lake during 1985-1988 is higher than that in earlier years. However, due to limited sludge processing facilities and increasing sludge production by the Seneca plant, less Blue Lake sludge will be processed at Seneca in the future. 1 4. Q Was the community informed when Blue Lake sludge started being hauled to Seneca for incineration? A The MWCC has no record of any formal correspondence with the city of Eagan regarding initiation of trucking Blue Lake sludge to the Seneca plant. III. TIMING OF PLATTING MEETING & ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) 1. Q The residents complained that they didn't know of the timeframe for public comment on the Environmental Assessment Worksheet (EAW) or that an EAW was being prepared for the Seneca expansion and upgrade project. They also felt that there were inaccuracies on the worksheet which the Minnesota Pollution Control Agency (MPCA) didn't check and which led to the MPCA deciding that an Environmental Impact Study (EIS) isn't needed for this project. A The MWCC is not responsible for developing or posting the EAW. the MPCA is the responsible organization. While the EAW covers an MWCC project and the MWCC provided a draft EAW to the MPCA, it is the MPCA's EAW. Inaccuracies in the EAW statements will be addressed individually in Item III.3. The original EAW draft was developed and submitted in March of 1988. Several changes have been made in the project since then. Project changes are a normal occurring part of a project's development. A letter will be sent to the MPCA documenting the project changes and any additional information not known at the time the draft EAW was originally submitted. 2. Q The residents quoted the article form the September, 1998, "Metro Monitor," which says that the MWCC has violated permits from 1977 through 1988. A The Environmental Protection Agency (EPA) suit alleges unauthorized bypasses of sewage into the Minnesota River but the Seneca plant does not have any bypass points. The EPA alleges that the Seneca plant is in violation of effluent (treated wastewater) standards that became effective July 1, 1988. This allegation ignores the fact that the MWCC entered into a consent decree with MPCA and the Metropolitan Council, which was signed by a Ramsey County District Court judge on February 16, 1988, providing effluent limitations which supersede 2 ')3 those in the permit. EPA has chosen not to recognize the consent agreement.. MPCA, MWCC and the Metropolitan Council all submitted responses to the complaint to the U.S. Attorney's Office on 9/16/88. 3. Several items in the Environmental Assessment Worksheet were specifically noted as being inaccurate. These items are listed below. 1) Q Are the MWCC's plans consistent with current Eagan city plans? (The resident's question has to do with the fact that the area is zoned "light industrial" which the resident said isn't consistent with the use of the area as a sewage treatment plant.) A The area, including the existing plant site, is zoned light industrial. The Eagan City Planner indicated that since the existing plant was zoned light industrial, the proposed plant expansion would be consistent with a light industrial usage. After the City Planner's statement, the question was again raised at the City Council meeting on September 6, 1988, and is currently being addressed formally by the City of Eagan. 2) Q Why aren't the mounds of peat mentioned as an environmental impact? A As stated in Item III.1, several changes have been made in the project since the original draft EAW was submitted to the MPCA. Addition of the peat mound was one of those changes. The MPCA was contacted the week of July 11, 1988, at which time, the peat mounds and several other items were discussed. At that time, the MWCC was informed that it should wait until all items regarding the plant site were finalized before submitting additional information. 3) Q Will the project generate odors or pollution? Why wasn't this answered "yes" in the EAW? A The MWCC expects a reduction in odors from the Seneca Wastewater Treatment Plant site as a result of the proposed plant expansion and improvement. Therefore, we answered "no." Dust and noise will be generated by the plant construction, but since these effects will be temporary, MPCA answered "no." The draft EAW submitted by the MWCC to the MPCA answered the question "yes" and explained the temporary nature of the dust and noise. 3 No air pollution is expected to be generated from the treatment of liquids in the wastewater treatment process either during or after construction of the plant expansion. The EAW addressed only the expansion ability to treat liquid, not solid, wastes. 4) Q Will the Seneca expansion project cause disruption to wildlife? Why wasn't this answered "yes" in the EAW? A While wildlife does use the area west of the plant, it is not primarily a wildlife habitat, as is the river valley directly adjacent to the site and north of the railroad tracks. Construction in any area not already developed will affect wildlife, but attempts will be made to revegitate any areas disturbed during construction, with the exception of the actual plant site. 5) Q Will the project cause impairment of scenic views/ ecological areas? Why was a map from 1975 used for the EAW? (The 1975 map doesn't show the extension of the park land which is below the bluff.) A While the mounds were not part of the project when the original EAW was submitted, the question would still be answered "no". The view of the river valley is currently blocked in the area of the mound construction by existing trees, which are from twenty to thirty feet in height. In addition, the mounds would be constructed below the site line of the adjacent bluff and would still allow substantial view of the river valley, either over the top of the mound peak or around to the side of the peat mound. a brief discussion on this question is included in our letter to MPCA on the EAW. The MWCC believes the plant expansion, including the construction of the mounds, would not cause impairment or destruction of any ecologically sensitive areas. The mounds would be constructed on existing peat fill areas. Some disturbance around the fringe of these areas would occur but would not impair any native areas. The only possible exception to this is along the western edge of the center mound, where a silt pond would be constructed in an area which did not previously have fill stacked on it. The purpose of the silt pond would be to prevent impairment of ecologically sensitive areas. The silt pond can be removed after construction, but we have been asked by the engineer for the Lower Mississippi Watershed District to let it remain. ll 1t2`ac) s, bit u * plant Cor* ruction. No ac the hurt amide of the tracks. 4) Q If the EAW is shown to be false, will the process be reopened? A The next step in the EAW process is for the MPCA to develop a statement of the proposed Findings of Fact. If the information in the EAW is found to be false, the new information would be included in the Findings of Fact and would be used in developing a recommendation as to whether an Environmental Impact Statement would be required. IV. ENVIRONMENTAL PROTECTION AGENCY (EPA) 1. Q The EPA .claims that Blue Lake and Seneca are not fundable. Why? A The Blue Lake and Seneca plant expansions are on the MPCA Needs List. There is an approvable facility plan on record for both facilities. However, since plans and specifications were not submitted for expansion of either facility by September 1, 1988, neither facility expansion could be placed on the 1988 fundable list for funding in 1989. Both facilities will be on the 1989 fundable list for funding in 1990. The fact that neither plant is listed as fundable, is simply a technicality of the submittal deadline and listing process. 2. Q What is the purpose of the meeting with the Eagan City Council on November 1 if the MWCC doesn't submit plans to the EPA until November 30? 5 A The meeting on November 1, 1988, with the Eagan City Council is for approval of a preliminary plat. Review of the preliminary plat should include land use and platting requirements. EPA funding of the project is not an issue. The treatment process proposed for the Seneca plant expansion is a proven and reliable treatment technology for the removal of organics from wastewater and for wastewater nitrification. V. ODOR CONTROL 1. Q What will be done to remedy incineration odors? A Depending on the results of the MWCC Residual Solids Management Study currently being done for the southwest metro area, and actions taken by the MWCC, the incinerators will either be phased out or retained. If the incinerators are retained, staff would propose afterburners and other odor control improvements be made on the incinerators. 2. Q Why not buy out the residents, since odors will always be a problem and they can't sell their homes? A It has not been MWCC policy to purchase homes on land not required for a project. The plant expansion project and other Seneca plant projects are expected to mitigate the impact of odors on the adjoining neighborhood. However, odors will not be totally eliminated. 3. Q What percentage of odors will be eliminated by the new plant equipment? A A specific and meaningful percentage value cannot be placed on either the occurrence of odors or on their removal; the MWCC has not developed this information. MWCC intends to have the odor removal equipment for its facilities that handle wastewater treatment of liquids and sludge eliminate detectable odor from the treated air. We have previously used a figure of 98% to 99% removal of odors by the proposed equipment. It is MWCC's intent to have incinerator afterburners reduce odor levels in the stack exhaust to the point where odors from that source would not be detected in the surrounding neighborhoods. The plant aeration tanks will remain uncovered along with the final clarifiers. Aeration tank odors are generally not strong and have been described as earthy or musty. These odors are not a problem at most wastewater treatment plants. 4. Q Do other MWCC facilities have an odor problem? A Some other MWCC facilities have experienced odor complaints. Many of the past odor problems have been resolved by implementation of process control changes and application of proven odor control technology, such as incineration, chemical scrubbing, and carbon absorption. 5. Q Which areas of the plant expansion will be cut because of budget reduction? Will this affect odor control equipment or future level of odor control? A A list of changes is attached. 6. Q What can be done to control odors at the meter station? A We replaced the carbon for the second time on September 27, 1988. We have also been monitoring the scrubber inlet and outlet for hydrogen sulfide to determine loading rate and performance and to predict the need to replace the carbon again before the carbon odor removal capacity is completely spent. We also are closing openings in the meter station, wherever possible, to insure that all the odorous air must pass through the scrubber. In the short term, more frequent carbon replacement and close monitoring are being implemented. In the long term, a larger fan and scrubber, or possibly a two-stage scrubber system, must be implemented because the hydrogen sulfide loading at the meter station is higher than originally anticipated and much higher than other locations in our system. 7. Q Would a higher stack, or odor control equipment in the stack, help with odor control? (Residents also believe that there is particulate matter coming out of the stack.) A If incineration at Seneca is continued, subject to approval of MWCC's Board of Commissioners, afterburners may be installed to provide combustion of odor -causing elements in the incinerator exhaust. This technology has worked in similar applications but it has not been evaluated specifically for the Seneca plant. Raising the incinerator stack may mitigate the impact of stack odors on the surrounding community. This option needs to be evaluated for Seneca. Particulates are discharged from the incinerator stack, but, at 0.06 grains per dry standard cubic foot of gas during the past five years, particulate levels are well below permit levels of 0.1 grains per dry standard cubic foot of gas. 7 8. Q Why are there septic tank haulers (trucks, not MWCC's) in the area of the metering station? (This occurred last Thursday or Friday). A The trucks sited at the metering station on or about September 22, 1988, were not septic tank haulers. The trucks belonged to a private contractor hired by the MWCC to vacuum carbon odor removal media out of the odor control unit in the meter station as part of the carbon replacement process. VI. MISCELLANEOUS 1. Q If the Eagan City Council denies the platting, what will the MWCC do? A No specific option has been discussed. 2. Q What communities will this plant service besides Eagan, now and in the future? The residents feel that Seneca serves the Lake Minnetonka area because their sludge is dewatered and incinerated at Seneca. A The Seneca Wastewater Treatment Plant service area includes Eagan, Burnsville and Bloomington, along with very small portions of Apple Valley, Lakeville and Inver Grove Heights. The Savage Wastewater Treatment Plant will soon be phased out and its flow will go to the Seneca plant. At this time, sludge is trucked from the Blue Lake and Savage plants to the Seneca plant for dewatering and incineration. Excess sludge beyond the capacity of the Seneca plant is trucked to the Metropolitan Wastewater Treatment Plant in St. Paul. The Blue Lake Wastewater Treatment Plant, located in Shakopee, Minnesota, treats wastewater from twenty-two communities and takes sludge from the Chaska Wastewater Treatment Plant. Only wastewater from the City of Chaska is treated at the Chaska plant. The options for sludge disposal under review in the MWCC's Residual Solids Management Study currently underway do not include treatment of sludge coming from outside the Seneca plant service area at the Seneca plant. 3. Q Is Savage hooked up yet? Why can't their wastewater go to Blue Lake? A The Savage Plant has not yet been connected to the Seneca Plant wastewater collection system. Construction of all pumping and piping is nearly complete. It is more cost-effective to transport wastewater flow to the Seneca plant than to the Blue Lake plant. A cost-effective analysis conducted for regional planning purposed indicated an additional cost for the Savage Wastewater Treatment Plant flow to go to the Blue Lake plant of between $87,000 and $280,000 per year. 4. Q If we stop incineration, will the alternative also have obnoxious odors or other undesirable side effects? A The alternative to incineration being evaluated for the Seneca plant would have a potential of producing odors. The design and construction of odor control equipment would be included in any implemented alternative to incineration. 5. Q Why are we discontinuing anaerobic digestion at the Rosemount plant? Why can't we use anaerobic digestion at the Seneca plant? A There have never been anaerobic digesters at the Rosemount plant. There are no anaerobic digester systems at any MWCC treatment facilities being phased out. Anaerobic digesters are not normally used as a sludge treatment process prior to incineration. Anaerobic digestion reduces the combustion or fuel value of the sludge, thereby increasing the fuel consumption of the incinerators and making self -burning of the sludge less likely. Anaerobic digestion was evaluated as an alternative to the elimination of incineration and it was rejected based on cost-effectiveness and space requirements. 6. Q Could the Seneca plant be moved completely? A The Seneca plant could be moved completely but it would not be cost-effective. With only a few exceptions, all costs associated with the proposed expansion of the existing Seneca plant would be incurred if a new plant were constructed in a new location. In addition to the costs associated with the plant expansion, a new headworks facility, raw sewage pump station, forcemain, primary clarifiers solids handling facility and tunnel system would be required. Costs for additional facilities for a new plant would add at least $10,500,000 to the project capital cost and over $200,000 per year to the operating cost. 7. Q Is the plant in the flood plain? Is that a problem? A The Seneca plant is not in the flood plain. A very small portion of the site, approximately one third acre, is below the one hundred year flood elevation. MWCC does not expect flood waters to affect plant operation. 8. Q Is the ash hazardous? If not, why can't we get someone to take it? A Sampling and analysis of the ash has clearly demonstrated that the ash is not hazardous. The second question if more complex. Firstly, fear of the potential problems from any kind of waste treatment facility has become prevalent in American society, because past failures have led to public distrust. Secondly, perhaps as a natural outgrowth of the first factor, the Legislature, MPCA, and Metropolitan Council have directed MWCC to recycle ash rather than to landfill it. Thirdly, sludge ash recycling is a new venture that has not been implemented anywhere, except for in research projects. There are people willing to take the ash, as evidenced by 15-20 proposals received by MWCC and two contracts that have been executed by MWCC. However, MWCC is waiting for the companies with which it has contracts to develop and implement their ash recycling concepts. 9. Q The residents want to know what is being eliminated in the redesign of the plant to reduce cost. They also want to know what is being delayed? A See item V.5. 10. Q How many acres are needed to build an entirely new plant in the country? A Approximately thirty nine acres are required, at a minimum, to build a new wastewater treatment plant like the one proposed at Seneca. 11. Q Would the current plant be of adequate size for the future if it just served Eagan? A Based on a preliminary analysis, the existing Seneca plant would not be adequate in size for the future to treat exclusively Eagan wastewater. The Seneca sludge treatment facilities are of adequate capacity to serve only Eagan in the future. 12. Q Can we just update the Seneca plant and expand somewhere else? A Technically, we could update the Seneca Plant and expand somewhere else, but this would not be cost- effective. As for item VI.6. above, all costs associated with the existing plant expansion would be included in a new plant expanded in another location with the exception that many items would be reduced in size but would only be slightly reduced in cost due to economies of scale. With added pumping and a forcemain, a new plant would be approximately equivalent in cost to expansion of the existing plant. However, rehabilitation of the existing plant would still be required along with odor control improvements. Rehabilitation to the existing plant and odor control are estimated by over $12,000,000. In addition to this added capital cost, there would be pumping costs, operating cost, and an entire new staff for the new plant. 13. Q Why can't we pump wastewater away from Eagan to another site less populated? In other words, either expand an existing plant which is located further south, or build a new plant further south? A Technically, we can pump all wastewater away from the Seneca plant site to another, less populated area. However, this would not be cost-effective. 14. Q How much would it cost to move the peat piles? A An estimated additional cost of $1,350,000 would be required to move off site the two peat piles located west of the plant. Over a half million dollars would be required to move the western most peat pile off site. 15. Q How much acreage, at a minimum, will be maintained as open space at the Seneca site? A Of the 87 acres included in the preliminary plat for the Seneca plant site, all but approximately forty eight acres would be open space. 16. Q Why doesn't each community handle it's own waste? A Technically, each community could handle their own wastewater individually. However, Eagan and the communities of Bloomington and Burnsville joined together to pool resources and build a single facility. This pooling of resources allows economies of scale and elimination of duplication to result in a most cost- effective treatment solution. This concept was used in deciding to phase out the Savage plant and in the use of Seneca sludge treatment facilities for treatment of the Blue Lake plant sludge. The construction cost estimate for new treatment plants for Burnsville and Bloomington, expansion of the Savage Wastewater Treatment Plant and upgrade and expansion of the Seneca Wastewater Treatment Plant for Eagan is estimated at $66,000,000. This cost compares to the $42,000,000 for expansion and upgrade of the Seneca plant for treatment of all wastewater flow from the service area. 17. Q Why don't we build a mirror image of the plant to the east on the land we already own? A A mirror image of the plant would not provide treatment of the wastewater at the level currently required. 18. Q What is the capacity of the Seneca plant (now? what will it be with the planned expansion?) A The existing Seneca Wastewater Treatment Plant can provide primary and secondary treatment of 24 million gallons of wastewater per day. After expansion, the plant will have a capacity of 34 million gallons per day, based on the new permit limits. SENECA WWTP COST REDUCTION OPTIONS Item No. Description 1 Separate Nitrification/Carbonaceous- operation. Includes dividing the plant aeration system and final clarifiers into two (2) separate "trains" permitting simultaneous nitrification and carbonaceous BOD operation. 2 Change to one (1) oxygen storage tank.: 3 Modify final clarifier influent/effluent channel to eli- minate the exterior final clarifier aerated influent channel and convert the effluent channel to an influent channel. 4 5 6 7 Reduce size and complexity of computer monitor system. includes modifying the original design concept by reducing the magnitude and complexity of the system. Modify the return activated pumping system layout. Includes rearrangement of pumps and reducing the pumping area (structure) between the final clarifiers. Use change link..fence in lieu of handrail. Relocate effluent filters and final clarifiers to reduce site work. 8 Reduce size of chlorine handling unit. 9 Reduce size of odor control facilities. :LO !'.^d'=7 space allocation in blower unit. :L1 P=cvide odor control filters on the air handling e==ip- ment. 12 Eliminate heat recovery. 13 Eliminate direct -fired tempered air heating for primary clarifiers. 14 Chemical feed unit mechanical down -sizing. 15 Modify tunnel radiation heating system. 16 Provide air handling units with steel construction in lieu of corrosion resistant aluminum construction. 17 Utilize blower unit compressor air plenum for building heat exhaust air outlet. Seneca WWTP 88-198 Page 2 18 Eliminate solids handling control room air conditioning. 19 Eliminate solids handling unit PLCs. 20 Reduce number of DO probes, redundant flumes, etc. 21 Reduce size of data management equipment "host computer" and overall system I/O point count. 22 Modify design of electrical distribution system to 'a parallel feed system. 23 Eliminate the redundant thickener unit feeder. 24 Eliminate redundant solids handling unit feeder and relighting existing facility. 25 Reduce outside lighting. 26 Eliminate wood block flooring from the maintenance unit shop. 27 Eliminate walls and valves in selector basins. Reduce number of selector basins. 28 Provide single -stage blowers rather multi -stage blowers. 29 Reduce the tunnel width between the chlorine contact. basin and the west end of the final clarifier. 30 Reduce number of trees. 31 Defer administration building remodeling. 32 Defer employee and maintenance building addition. 33 Defer one aeration basin. 34 Defer one final clarifier M99.2 t lariNcLnPcNI 1 MKA a`S lam- 1 \T� HALL. IS 2 0 Lc -c- \4,t,4 o Q M%:eR- D NS R2�s.��: i N+� •Vo p SRV 7-0 0 Pc ?Piz LIT e f% .rvCr c_ ` S G c_i\ ts3 \\R:S 1V eke_S P\2 S 1 `mow G : L T G#\ry I _L ‘-{Ol,L Tt-A "T\ -}-e R -s .t 2ccv.t2 s s E- SS i1N7 Ct DELIS roti oN "R4\S M'RT TIFsc . P( -`T" e`er 2 (F ‘._.m. -3D Tl -k- i S TZ't-4 . t ow E \3? C--- LQ LQ L k.AJ\3� f` ire-Ct?(LNTS 0r N Lt\ tZC..elz �O `-c L P< ft S � 1 L� 2C., 'ZL^� e'\ t1.1. VC �jt� '114iS T'SSkL �0 5'okNA .-CNANvLAN,Jtv.rv4 CD MtSIc��., 0‘i . l_ g� 47, • Zy: fzo . ,72-7>1//idi .4/1-7t:,/} W7fo ,/fx ,_,_,1 i://) ( / / .• , . , ; ,-,79-Z7 71% ' 1/1/•7',.%•_- 7 ./....2,'. 67,6 ,,_,-.• '- -'7_7---',..(;---7<_'--,r-,:',,,•-;,--!:_.) --2-% ,2c//7 .-:, 6' ,f" - , , ..-,_ ,_,:, c...zL.4,..n__,-7,-?/.e_ .:,,•:'_i z.?_)1-77--:-1 rz 2 , ',-.'•!:,.1-. - i • — (. -,--"Y_ 1,-!.q___ ,,ZzLA --iciz.17:--i•-/:.z- ,-/_x77. ('_•-,.. r/_. _e_. , • / ,/' . _ .7 • 41„,.././-,2_,,,:z._. „)--e-A-7------ h42._,7 Z7',__(:” - k-il ,.--2,-Y('-- ci:7--Y2.-.(:41--e-e - - -:( (2 z..*__f,- -a-IL' _e_i_e L , 4 7a'. / .12A 6Z -41i" 71(A-•Zie-7‘e-Teiw__}, 6? /t re ---e-{4. 4 U.(,( .-&-t-z1 LVX_e ,,- - (7 / ,.,...Z-(9 ( •(---°f--t7 e-- a‘)'(-/ (.-e?-.44-/,_ (_1(.A /4'2 0 ( / - ''' 0 _ ; / ,--'------/-7?a L_ ‘ 77/1214 / -‘t October 24,1988 TO: Mayor Vic Ellison Eagan City Council Eagan City Administers EE: Senaca Plant FROM: Betty Bassett 1. Do you want to be remembered as the group who brought additional SEWER smell and smoke to Eagan? 2. Some neighbors have been told that their homes are not marketable at the present time. How many law suits could expanded Sewer Smell generate in Cedarvale.Cedar Grove, the light Industrial area, and the apartments and homes behind Cedarvale? 3. The lift stations. smokestack, and settling ponds are NOT covered in this plan, but are stated as seperate contr cts,which could be changed. 4. When asked, at our meeting Friday night with iv.etropolitan Waste Commision, if Eagan could shut down the plant if permits are broken and there is a noxious smell, the answer was NO,there are no shut off valves to stop sewage from corning in. 5. If the plat is approved and zoning given, that same zoning would apply to the land they already own. They will have over 100 acres totally under their control, with NO control by Eagan. This is at a time when they are consilidating their plants. They are willing to spend almost two million dollars to buy this land. When asked how many acres are needed to build an entirely new plant out in the country, they replied THIRTY-NINE acres. What do you think they are going to do with all that land WITHOUT your PERMISSION? 6. They said errors in their Environmental Worksheet were caused by changes in plans after the worksheet was submitted; such as zoning, rio smell, and no indications of mountains of peat. The Pollution control agency said that an Environmental Impact study was not needed based on the worksheet, and that it could only be recosidered by action in District Court. 7. They are only submitting a plat approval. The plans for their plant will not be completed until April. When asked if plat approval could be delayed until April, so we could see their final plans, they said NO. Would Eagan give a blank check to any private developer with their record? Eagan was -not notified when they started sending the sewrage solids to Senaca. Eagan will have no control over whatever they do. 8. If Eagan says NO to expansion plans, The Federal suit against Senaca for alleged water polution and violating opperating permits is still there. They would have to clean up the present Senaca plant. Sincerely. Vf city o1 ccignn 3830 PILOT KNOB ROAD, P.0 BOX 21199 E ALAN, MINNESOTA 55121 PrIONE (612) 454-8100 September 21, 1988 MR ED DELAFOREST DIRECTOR OF ENGINEERING METROPOLITAN WASTE WATER CONTROL COMM MEARS PK CENTRE 230 E 5TH ST ST PAUL MN 55101 Re: Seneca Plant Expansion Dear Mr. DeLaForest: VIC ELLISON MOyO( THOMAS EGAN DAVID K GUSTAFSON PAMELA McCREA THEODORE WACHTER Cowl ,t Men,De,a THOMAS HFDGES City A.lminr l,otot EUGENE VAN OVERBEKE City Cle,k As a part of the City's review of the preliminary plat application for the expansion of the Seneca Waste Water Treatment Plant facilities, the City received the enclosed letter from the Minnesota River Valley Audubon Club identifying several concerns associated with the impact that the grading and filling operations will have on the wetlands in this area. Also, I would appreciate it if you could specifically address the following concerns raised by the Utility Maintenance Division of the Public Works Department. 1. Will the new expansion/remodelling provide for the installation of pressure reducing valves to ensure that the entire facility is compatible with static and residual pressures experienced in the past and anticipated in the future? 2. Will a "water filling station" facility be provided as a part of this expansion/remodelling to eliminate the need for MWCC to make direct connection to City fire hydrants to obtain large quantities of water from the City water system? 3. Will the new construction provide for a disposal facility adequate to handle the grit and sludge residual from local community sewer cleaning operations within this service district as well as a designated disposal site for private septic system maintenance operations? THE LONE OAK TREE THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY 89 MR ED DELFOREST SEPTEMBER 23, 1988 PAGE 2 I would appreciate it if you could provide the MWCC's position regarding these issues in the near future. I have appreciated your prompt response to other concerns in the past and look forward to hearing from you in the near future. Thomas A. Colbert, P.E. Director of Public Works TAC/jj cc: Jim Warwa, Seneca Plant Manager Joe Connolly, Superintendent of Utilities Mike Foertsch, Assistant City Engineer ct Agenda Information Memo November 1, 1988, City Council Meeting CORRECTION/CHANGE ORDER #3/WESCOTT RD B. Contract 87-26, Correction To Change Order #3 (Wescott Road - Streets) --At the October 18 Council meeting, this Change Order was presented to the Council for consideration of approval. This Change Order consisted of two parts. Unfortunately, a portion of the Change Order was inadvertently omitted from the Council packet for consideration. Therefore, it is being presented to the Council for reconsideration based on the following information: Part A: This work consists of the reconstruction of the side slope embankment along the south side of Wescott Road just east of Woodland Elementary School adjacent to the DNR protected wetland due to continuous slope failure that would have affected the integrity of the roadway. This was due to too steep of a slope being required by DNR to minimize encroachment in this wetland. Based on observations of the end result, the DNR subsequently approved additional filling into this wetland to stabilize the embankment necessary to protect the roadway and related trailway. This work required the reconstruction of the trailway and extension of existing storm sewer facilities to the wetland. (Add $14,127.32). Part B: In order to complete the construction of the 5' concrete sidewalk along the north side of Wescott Road just west of South Hills Drive, a wood retaining wall had to be constructed to maintain minimum side slopes for maintenance purposes of this side hill section. (Add $1,980). All costs associated with this Change Order will be the responsibility of the Major Street Fund. At the October 18 meeting, the staff incorrectly reported the total amount of the Change Order as being $7,523.32 instead of the corrected revised total of $16,107.32. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge the correction and reaffirm previous approval of Change Order #3 to contract 87-26 (Wescott Road - Streets) and authorize the Mayor and City Clerk to execute all related documents. CLARIFICATION OF CONDITION /STONEY POINTE 2ND ADDN C. Clarification of Condition For Preliminary Plat Approval - Stoney Point 2nd Addition --The Stoney Point development is located in the northwest corner of Blackhawk Hills Drive and Federal Drive just east of I -35E. During the review of the preliminary plat application for this development, the need was recognized to interconnect the internal residential street of this subdivision with the existing dead-end street of Pacific Avenue located within the Hampton Heights development adjacent to the extr e northwest corner of this proposed plat. Enclosed on page is a composite map showing the relationship of the Stoney Pointe development to the existing street configuration within Hampton Heights and other ^ tirrounding developments. Agenda Information Memo November 1, 1988, City Council Meeting With the approval of the Hampton Heights development, the City was unsuccessful in requiring the developer to construct a temporary cul-de-sac at the dead end of Pacific Avenue. Subsequently, this dead-end street has created significant maintenance and circulation problems due to an inadequate turnaround. With the preliminary plat approval of the Stoney Point Addition, Condition #13 required "the construction of a temporary cul-de- sac or a connection to Pacific Avenue". The developer is now proceeding with the 2nd Phase of the Stoney Point development which will result in the construction of the internal street which would provide for this connection to Pacific Avenue. Due to the necessity to acquire a 30' half right-of-way from the unplatted property owner to the north (Mr. Harry Lemieux), the developer would like to be allowed to construct a temporary cul- de-sac in the extreme northwest corner of this subdivision. Staff feels that discussions with the developer from the inception of this subdivision properly informed him of the necessity to interconnect these streets with the 2nd Phase development and the developer's responsibility to acquire and provide adequate right-of-way for this connection. The staff feels that the option of Condition #13 is for the City's discretion rather than the developers. As can be seen by the street configuration layout, the interconnection of this street would provide a significant link between residential neighborhoods facilitating secondary access for emergency and maintenance vehicles as well as better internal traffic circulation. Subsequently, this issue is being brought to the City Council's attention for clarification and direction so that the final plat documents for the Stoney Point 2nd Addition can be processed for final approval in the near future. ACTION TO BE CONSIDERED ON THIS ITEM: To clarify Condition #13 of the Stoney Point preliminary plat approval regarding the requirement to interconnect the internal street to Pacific Avenue or allow a temporary cul-de-sac. �j J OAK �j J Agenda Information Memo November 1, 1988, City Council Meeting CLARIFICATION OF CONDITIONS/RIDGE HAVEN ADDN D. Clarification of Condition For Preliminary Plat Approval - Ridge Haven Addition --The proposed Ridge Haven Addition enclosed on page > is located immediately north of Rustic Hills Addition an west of the proposed Prettyman Heights Addition adjacent to the proposed Sibley Hills Drive extension. The extension of Sibley Hills Drive, under Project 543 presented at the public hearing held on October 6, 1988, was necessary to upgrade the existing roadways to provide an access to City standards for the proposed Prettyman Heights development. As a result of that public hearing, the project was continued with consideration given to expanding the project to consider the upgrading of Skyline Drive to Pilot Knob Road. Subsequent to the preliminary plat approval for the Prettyman Heights Addition requiring the upgrading of the Sibley Hills Drive access, the preliminary plat for the proposed Ridge Haven Addition was continued until it was subsequently approved by Council action on September 19, 1988. The staff has withheld the processing of the final plat application for the Ridge Haven Addition until the completion of the public hearing process to determine if 1) the Sibley Hills Drive access will be approved and, 2) what the proportionate assessment responsibility for the proposed Ridge Haven Addition would be. Enclosed on page l0 is a letter from the developer's engineer appealing the staff's position and requesting that the final plat application be allowed to proceed prior to the determination of whether Sibley Hills Drive access will be upgraded to City standards necessary to provide access for this 14 -lot subdivision. ACTION TO BE CONSIDERED ON THIS ITEM: To clarify the necessity to upgrade the Sibley Hills Drive access as a condition of preliminary plat approval for the Ridge Haven Addition. 41111111111•11.11.0111111MIn 8.111/.1111118 -aata 'sUZEPaSSV I ! 1 = 'g .,abanag wag 11 1- 0 Z x • EROSION CONTROL r13AVH3JGW _ NOISOU3r..Iliiiindvuo'iv�a I AH YNIP,113Ha 4'��t�j►1�j �j3! P Ep>> �� 1l,1' , . t .I ' 1I ' 11' it :i1 ` ` 11 ' `_! j°1 F1 1= • I i t' 1 ,i t ij �l �4 i ,l1t}'� Etlj 1 i� psi } 1;1; �a��i�Itla � �•, : 111 ;Ic1 01 fIS ••:jt'il- ,� ;�l�j• 1; I I 134;�f11;ii; xs:,i i1 1 !I! iI ,'i III!II1I1I!I t.��. ij ,,F! i(� ii'' t,:.ui 1, ii 2! It { Iii` i`, : +'� �' 11111- I - :l1 itt`ilt:lJIIi;!I l 1I Engineering Land Surveying Landscape Architecture Planning Mon Krueger a Associates, Inc. 8080 Wallace Road Eden Prairie, Minnesota 55344 (612) 934-4242 October 25, 1988 Mr. Tom Colbert, P.E. Public Works Director City of Eagan 3830 Pilot Knob Road P.O. Box 21199 Eagan, Minnesota 55121 Re: Ridge Haven Addition Eagan, Minnesota RKA # 8204 Dear Tom: On behalf of the developer of the above referenced project, we are requesting the City Council, at the November 1st Council meeting, allow the developer to proceed with final plat approval. The developer has no objection to paying his fair share of the road assessments as discussed in the City's Feasibility Report for Prettyman Heights and the Extension of Sibley Hills Drive (Project # 543) dated September 15, 1988. If you have any questions, please call. Sincerely, l l f l Peter J. Knaeble, P.E. RON KRUEGER AND ASSOCIATES, INC. CC: Steve Ramsey, Haven Enterprises, Inc. Agenda Information Memo November 1, 1988, City Council Meeting CLARIFICATION OF CONDITION/RAHN CLIFF 2ND ADDN E. Clarification of Condition For Preliminary Plat Approval - Rahn Cliff 2nd Addition --In the narrative portion of the Rahn Cliff 2nd Addition, the staff identified the problems being experienced by the lack of compliance with the existing right- in/right-out access for the Rahn Cliff development onto County Road 32 (Cliff Road) immediately west of the southbound I -35E access ramp. Without the availability of a center median on Cliff Road to enforce this right-in/right-out driveway access operation, it currently functions as a full access contrary to existing prohibitive regulatory signs creating potential traffic hazards. In the staff's report, it was recommended that this RI/RO access drive be closed off until such time as the center median on Cliff Road is extended to the west. Because this concern was not specifically listed as a condition of preliminary plat approval, the staff is not able to enforce it as a condition of final plat approval through the development contract agreement process. However, because of its hazardous situation, the staff would like to enforce this condition through the site plan approval of the Rahn Cliff 2nd Addition. Therefore, it is being brought to the Council's attention to determine whether this inadvertently omitted condition can and should be enforced through site plan approval. ACTION TO BE CONSIDERED ON THIS ITEM: To clarify the requirement to temporarily close off the existing right-in/right-out access for the Rahn Cliff 2nd Addition as a condition of site plan and/or final plat approval until Cliff Road is upgraded to extend the existing median past this intersection. CONSIDERATION OF CONTRACT AWARD/HIDDEN VALLEY & STRATFORD OAK F. Contract 88-35, Consideration of Contract Award (Hidden Valley & Statford Oaks - Utilities) --Due to the difficulties associated with acquiring the required easements necessary for this contract award, consideration has been continued from previous Council meetings. During this consideration, staff has been informed by the developer of the proposed Stratford Oaks Addition that they will not proceed with the development in accordance with the final plat approval granted by Council action on September 19, 1988. Subsequently, this portion of this contract will have to be deleted when awarded. The staff is also continuing to negotiate the acquisition of an easement necessary for the construction of the sanitary sewer to service the proposed Hidden Valley Addition. The status of this easement acquisition will be provided by the City Attorney's office at the November 1 meeting with a subsequent recommendation by the Public Works Director regarding consideration of contract away or the reduced scope of the contract. Enclosed on page is a tabulation of the bids received on September 30, 1988. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids and award/deny revised Contract 88-35 (Hidden Valley - Sanitary Sewer) to the lowest responsible bidder. HIDDEN VALLEY UTILITY IMPR., PROJECT NO. 511 STRATFORD OAKS UTILITY IMPR., PROJECT NO. 549 CITY CONTRACT NO. 88-35 EAGAN, MINNESOTA BID TIME: 10:30 A.M. BID DATE: Friday, Sept. 30, 2988 CONTRACTORS TOTAL BASE BID 1. S.M. Hentges & Sons $ 104,997.25 2. Lake Area Utility 123,179.35 3. Landwehr Heavy Moving 127,571.00 4. Orfei Cont., Inc. 137,237.67 5. 0 & P Contracting 149,203.50 6. G.L. Cont., Inc. 153,305.24 7. Brown & Cris, Inc. 165,483.45 8. Nodland Const. 176,445.50 LOW BID PROJ. # LOW BID (BASE BID) FEASIBILITY REPORT (F.R.) 511 $ 52,725.00 $ 104,997.25 549 $ 52,252.25 $ 48,030.00 $ 55,400.00 ENGINEER'S ESTIMATE (E.E.) $ 55,000.00 FEASIBILITY REPORT ESTIMATE (F.R.) ENGINEER'S ESTIMATE (E.E.) % Over (+) Under (-) (F.R.) % Over (+) Under (-) (E.E.) $ 52,000.00 $ 103,430.00 $ 107,000.00 + 1.5% - 1.8% Agenda Information Memo November 1, 1988, City Council Meeting PETITION/STOP SIGN/DODD ROAD AT FARM ROAD G. Petition, Stop Sign, Dodd Road at Farm Road --On October 18th, the Council considered a petition submitted by the property owners referenced on pages (on through f03 requesting the installation of a multi -way stop sign at thetintersection of Dodd Road, and Farm }oad„in southeastern Eagan. Enclosed on pages (0(4- through (D is an excerpt from the Manual on Uniform Traffic Control Devices which identifies warrants for considering the installation of stop signs and the creation of "multi -way stop" intersections. The Council continued this petition requesting the Engineering Division to perform traffic counts and the Police Department to perform speed studies. Results of those studies are as follows: Speed Study: Enclosed on page 'O',, is a memo from the Administrative Captain of the Police Department indicating speed surveys were conducted over a period of five days with numerous citations being issued for speeding in this location. The number and severity of the violations do not appear to be significant to the extent of warranting the installation of stop signs. Traffic Count: A 48 hour traffic count was performed during the last week of October with the results indicating traffic volumes on the north leg of Dodd Road at this intersection at 785 vehicles, the south leg of Dodd Road at 901 vehicles and the east leg of this intersection of Farm Road at 312 vehicles. With the through traffic on Dodd Road being approximately three times the intersecting side street, this does not meet the warrants for a multi -way stop sign in accordance with the Manual on Uniform Traffic Control Devices. In reviewing this intersection, no significant restricted sight views were observed and with no serious accident records indicating a need for a stop sign, it does not appear to meet the warrants for any stop sign at this intersection. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny the installation of stop signs at the intersection of Dodd Road and Farm Road. PETITION STOP SIGN I/We, the undersigned hereby petition the City Council of the City of Eagan to install stop signs on PCorl-in6au.vv.( De Sau-iinbekm,,ct Veda 1 g9 11 ti Rd C tuck step FOR CITY USE ONLY Date Received To Council Approved /U -3 -4-f- at the intersection with bea4 Rd 4- Pam\ ivy Rel I/We, request this installation for the following reasons: 1. To 'rezCL CQ._ iv f► -L speed c r 0cdd For- e-Ei o -C Peaks -in Tb d eke. -i a -CA ov 0 odd b t Kest horses t)-.kun ais (A4.e-(-G,c. t�cr d be cctc cJ� h 2. S (.6t -e Cev.1 —1-. 3 • C3 P.J.R.0 eve acactis Q.is 0h-rQrs cc -+1 u, of DOM t- F -arty. Rd . (k t1l �. v1Ikr,6t tv.2v (- -Ct'!.C'- i4 . I/We request that the City Council take this petition request under consideration at its earliest opportunity and that we be informed as to when it is scheduled so that we may appear in person if we so choose. NAME (Please print and initial) ADDRESS 1. Nvhvc., t- i oh., Gus sox) h,/ v. r. -V. c1i-z- -0 Ude( l dor. �J 2.f 23 -qv�'J 2. ,/ /1L..-_,i/� �, ! ( %S / u t Ad/. .S/�I! C` 6 .5 Ccs ,un �lJ EN 3. f, ze-P(;4-/, f c i/6'3:7 c[cZ, Pd . 5. ii(57) 4, )1 ail 04m1. 107 Lf7c0 ,Doc j ed. 6. '`ri A^,1ut/Ltl tIc1 Da (,Q auauzrcvn La_r1F `( 8..Q �� •a j 104"-i Y 7PS �Q £ . 9. f7 7 10. S4 A—L. 0 i _.,1,- c)h 4"l L pal fz a. . �. /� . ?) /Fax.& % 7 30 0e -dei /1?d. , (i�; (�• r c `L Alan C; -sJc/. Ag- ,04-11-19 1-g;"*_37;-- 7S L 47t;Cc/ &-c ,OacCfes. ace w 4 /60 90 Ai") 9 q7 s- PG d Q K� / &,-Qk z�� (3c(c (u ck, . • • ----lito031 NO : 32 ot0-25 04025 020-27 11\370'2i • • ye. PETITIONING PARCELS -• • • :•••••••••••••••::•••': PETITIONING PARCELS PROPOSED STOP SIGN 2B-5 Warrants for Stop Sign Because the STOP sign causes a substantial inconvenience to motorists, it should be used only where warranted. A STOP sign may be warranted at an intersection where one or more of the following conditions exist: 1. Intersection of a less important road with a main road where application of the normal right-of-way rule is unduly hazardous. 2. Street entering a through highway or street. 3. Unsignalized intersection in a signalized area. • 4. Other intersections where a combination of high speed, restricted view, and serious accident record indicates a need for control by the STOP sign. Prior to the application of these warrants, consideration should be given to less restrictive measures, such as the YIELD sign (2B-7) where a full stop is not necessary at all times. Periodic reviews of existing installations may be desirable to determine whether, because of changed conditions, the use of less restrictive control or no control could accommodate traffic demands safely and more effectively. STOP signs should never be used on the through roadways of expressways. Properly designed expressway interchanges provide for the continuous flow of traffic, making STOP signs unnessary even on the entering roadways. Where at -grade intersections are temporarily justified for local traffic in sparsely populated areas, STOP signs should be used on the entering roadways to protect the through traffic. STOP signs may also be required at the end of diverging roadways at the intersection with other highways not designed as expressways. In most of these cases, the speeds will not warrant any great increase in the sign sizes. STOP signs shall not be erected at intersections where traffic control signals are operating. The conflicting commands of two types of control devices are confusing. If traffic is required to stop when the operation of the stop -and -go signals is not warranted, the signals should be put on flashing operation with the red flashing light facing the traffic that must stop. Where two main highways intersect, the STOP sign or signs should normally be posted on the minor street to stop the lesser flow of traffic. Traffic engineering studies, however, may justify a decision to install a STOP sign or signs on the major street, as at a three-way intersection where safety considerations may justify stopping the greater flow of traffic to permit a left -turning movement. STOP signs may be used at selected railroad -highway grade crossings only after their need has been determined by a detailed traffic engineering study. Use of the STOP sign at railroad -highway grade crossings is described in Section 8B-9. Portable or part-time STOP signs shall not be used except for emergency purposes. Also, STOP signs should not be used for speed control. 4, VIII -5 (c) Rev. 2 2B-6 Multiway Stop Signs The "Multiway Stop" installation is useful as a safety measure at some locations. It should ordinarily be used only where the volume of traffic on the intersecting roads is approximately equal. A traffic control signal is more satisfactory for an intersection with a heavy volume of traffic. Any of the following conditions may warrant a multiway STOP sign installation (sec. 2B-4): 1. Where traffic signals are warranted and urgently needed, the multiway stop is an interim measure that can be installed quickly to control traffic while arrangements are being made for the signal installation. 2. An accident problem, as indicated by five or more reported acci- dents of a type susceptible of correction by a multiway stop installation in a 12 -month period. Such accidents include right- and left -turn colli- sions as well as right-angle collisions. 3. Minimum traffic volumes: (a) The total vehicular volume entering the intersection from all approaches must average at least 500 vehicles per hour for any 8 hours of an average day, and (b) The combined vehicular and pedestrian volume from the mi- nor street or highway must average at least 200 units per hour for the same 8 hours, with an average delay to minor street vehicular traffic of at least 30 seconds per vehicle dur- ing the maximum hour, but (c) When the 85 -percentile approach speed of the major street traffic exceeds 40 miles per hour, the minimum vehicular volume warrant is 70 percent of the above requirements. DS FA police department JAY M. BERTHE Uhler of Poice PATRICK J. GEAGAN Administrative Captain city oic eagan KENNETH D. ASZMANN Operations Captain 3830 Pilot Knob Road Eagan, Minnesota 55122 Phone: (612) 454-3900 October 27, 1988 TO: TOM COLBERT, CITY ENGINEER FROM: PAT GEAGAN, CAPTAIN, SUBJECT: DODD ROAD AND FARM ROAD SPEED SURVEY VIC ELLISON Mayor THOMAS EGAN DAVID K. GUSTAFSON PAMELA McCREA THEODORE WACHTER Council Members THOMAS HEDGES City Administrator EUGENE VAN OVERBEKE Cy Clerk Per the City Council request, the Eagan Police Department has conducted speed surveys on Dodd Road five consecutive days at different times of day. Our officers have written eleven citations for speeding at that location. Police Officers who have conducted those surveys have indicated a significant decrease in the number of cars using Dodd Road, as well as a reduction in the average speed on Dodd Road during the time of the survey. The current average speed on Dodd Road is 33.3 MPH. Our officers did not witness any driving infractions, as they relate to the intersection at Dodd and Farm Road. They also indicated very minimal use of the county park trail at that location. Under the circumstances, I feel the Eagan Police Department can monitor traffic in that location and reduce the speed. If the neighborhood observes any further increase in driving infractions, we would appreciate their notifying us and we will monitor it. Patrick J. Geagan Captain PJG:lb THE LONE OAK TREE. THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY i36 Agenda Information Memo November 1, 1988, City Council Meeting PETITION/STOP SIGN/COVINGTON LANE AT W. BEACON HILL ROAD H. Petition, Stop Sign, Covington Lane at West Beacon Hill Road --On October 18th, the City Council considered a petition from the property owners referenced on the map enclosed on page t(f)2 to install stop signs on Covington Lane at its intersection with West Beacon Road creating a multi -way stop sign intersection. This item was continued until November 1st to allow speed control and traffic count studies to be performed. The results of this information are as follows: Speed Study: Enclosed on page I(j_ is a letter from the Administrative Captain of the Polic Department indicating their observations associated with speed control during the past two weeks. It appears there are no significant situations that would warrant the installation of stop signs as a result of this observation. Traffic Counts: Traffic counts were performed on two separate occasions at this intersection with the results as follows: Location W. Covington Lane leg E. Covington Lane leg N. Beacon Hill Road leg S. Beacon Hill Road leg October 19 October 24 (48 hour) 1,622 742 1,048 404 492 239 1,235 567 The traffic counts taken on two different dates are fairly consistent with the total volume of traffic through this intersection at any given point in time. Surprisingly, the traffic counts on the north leg of this intersection are significantly less than the other three legs. This is probably due to the temporary road closure of portions_ of Cliff Road and Pilot Knob Road. This intersection is presently controlled with stop signs on Beacon Hill Road at Covington Lane. In reviewing the Manual on Uniform Traffic Control Devices, none of the warrants can be met for a multi -way stop sign installation. If this petition is not approved, it is recommended that this intersection be reevaluated in 1990 subsequent to the completion of the upgrading of Cliff Road and the potential further development of the John Brown agricultural property to the east of Beacon Hill to further determine if warrants for a multi -way stop sign intersection could be met at that time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny the installation of stop signs on Covington Lane at West Beacon Hill Road. \01 PETITION STOP SIGN I/We, the undersigned hereby petition the City Council of the City of Eagan to install stop signs on Covington Lane FOR CITY USE ONLY Date Received To Council Thi- Approved at the intersection with Beacon Hill I/We, request this installation for the following reasons: To slow down traffic because: 1. there is increased traffic on Covington from the new additions 9 and 10 of Brittanny Development. 2. there is a growing number of inexperienced young drivers in the neighborhood. 3. there is an increasing number of young children in the neighborhood. 4. there is a curve on Covington Just east of Beacon Hill Road which reduces visibility. I/We request that the City Council take this petition request under consideration at its earliest opportunity and that we be informed as to when it is scheduled so that we may appear in person if we so choose. NAME (Please print and initial) 1. (-7-/--..,/71/,',/ 4,f1/1 2. 3. 4. 5. crime Cc/ a.C�� 6. 7. Q 24,6; f,ed 9. 1 4 ADDRESS 49 • / l.oi i e -/._;; 3/L:-_-_-)2, /.:./..---21'i� . /1, gz a i i 3, 2 ~ . 1_,:.-1. le- -(/ /7 r 13' Z 4-1/e(17 9/iLc-' 31 . 5,4 /6/MY / !1 ,) " ' y », r, 4'7,o a4*acjX ' A' Lci 3I 47S0 &ten+StIle-iff L>al 4.4 7rW (—p Lc,+ /3 ,57177 y70 -2c? 57/7k7 Caned' (.PC) t. . ( za-IT/1">1 PLEASE TURN OVER --MORE SIGNATURES ON BACK 1. 1 !mss - 3U 5"r" ‘)741 55a \,7 t�rs..% 3 CLI/‘ - ‘4, L' ,=y1 t r/% police department JAY M. BERTHE Chief of Police PATRICK J. GEAGAN Administrative Captain city of eaganOperat KENNETH D.ASZMANN OperationsCaptainn 3830 Pilot Knob Road Eagan, Minnesota 55122 Phone: (612) 454-3900 October 27, 1988 TO: TOM COLBERT, CITY ENGINEERNG��rj FROM: PAT GEAGAN, CAPTAZ;I' y` SUBJECT: BEACON HILL AND COVINGTON STOP SIGN REQUEST VIC ELLISON Mayor THOMAS EGAN DAVID K. GUSTAFSON PAMELA McCREA THEODORE WACHTER Council Members THOMAS HEDGES City Administrator EUGENE VAN OVERBEKE Coy Clerk The Eagan Police Department has only been able to monitor traffic at the Beacon Hill and Covington intersection on one occasion due to two major investigations that are currently being conducted within the city. The officer who monitored that location indicated that there were no violations or dangerous conditions during his time there. On two occasions I observed children using the bus stop at that location. I did not witness any driving that would endanger children at that stop. Our Patrol Officers will continue to monitor that intersection, as time permits. Patrick J. Geagan Captain PJG:lb THE LONE OAK TREE.. THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY (P\ Agenda Information Memo November 1, 1988, City Council Meeting -NEW BUSINESS ORDINANCE AMENDMENT/NON-INTOXICATING MALT LIQUOR LICENSE A. Ordinance Amendment for Non-Toxicating Malt Liquor License -- The City has received an application for an on -sale beer license for the Pizza Hut at the new location in Town Centre. As explained at a recent City Council workshop, the license cannot be granted because the ownership limitation is included in Section 5.05 of the City Code. The ownership relates to a stipulation that no applicant can have 5% or more ownership in any other entity in Eagan with a beer/wine license. For additional information on this item and a copy of the ordinance regulation, refer to a memo, and attachments prepared by the Director of Finance on pages ( j I through ) y' . The City Administrator was directed to prepare an amendment to the non -intoxicating malt liquor license that would address the 5% ownership language to be considered at the November 1 meeting. The Director of Finance and City Attorney's of ice have prepared the amendment, a copy is enclosed on page t ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an ordinance amendment to the non -intoxicating male liquor license which specifically addresses waiver of the 5% ownership regulations for non -intoxicating malt liquor licenses. 11� MEMO TO: CITY ADMINISTRATOR HEDGES FROM: FINANCE DIRECTOR/CITY CLERK VANOVERBEKE DATE: OCTOBER 5, 1988 SUBJECT: REQUESTED CITY COUNCIL CLARIFICATION ON NON -INTOXICATING MALT LIQUOR LICENSES The City has recently received an application for an on -sale beer license for Pizza Hut at the new location in Town Centre. This license cannot be granted because of the ownership limitation as included in Section 5.05 of the City Code. A copy is attached for your reference. There is some concern that this limitation could provide additional incentive to close the Pizza Hut facility in the Cedarvale area. There is no evidence or threat that this would happen but it should probably be a concern on the part of City. In a similar situation, a beer and wine license for Carbone's second location was approved, subject to verification that no applicant had a 5% or more ownership in another entity in Eagan with a beer or wine license. A copy of the May 16, 1988, City Council minutes is attached for your reference. One of the owners did make the divestiture and the license was issued. I would suggest that the City Council either reconfirm the code as written or authorize an amendment. In discussing this situation with Pat Geagan, we have not been able to determine any potential problems with multiple licenses in the case of beer and wine where there is no limit to the overall number of licenses. In researching this question it appears that there was no formal Council action recorded to allow multiple ownership of off -sale beer licenses. The attached minutes from the June 7, 1988, City Council meeting indicates that the item was moved to the Administrative Agenda but there is no other action recorded. The case was amended based on the Morning After which said that the amendment was approved. Depending upon the City Council direction provided on the Pizza Hut question, formal action should be taken either to process a new amendment or to confirm Section 5.05 as it currently is written. Please let me know if you would like any additional information or if you would like to discuss this in more detail. Finan• Director/City Clerk EJV/kf I�� 44, • SEC. 5.04. DELINQUENT TAXES AND CHARGES. No license under this Chapter shall be granted for operation on any premises upon which taxes, assessments, or installments thereof, or other financial claims of the City, are owed by the applicant and are delinquent and unpaid. For the purpose of this Section, "applicant" includes persons and related persons, (1) owning at least a 50% beneficial interest in the proposed license or in the entity making the application, and (2) at least an undivided one-half interest in the premises proposed to be licensed, or at least a 50% beneficial interest in the entity owning such premises. Source: City Code Effective Date: 1-1-83 SEC. 5.05. LIMITATION ON OWNERSHIP. No person shall be granted an on -sale beer, an on- or off -sale liquor or an on -sale wine license at more than one location. For the purpose of this Section, any person owning an interest of five percent, or more, of the entity to which the license is issued, or such ownership is by a member of any immediate family living in the same household, shall be deemed to be a licensee. Source: Ordinance No. 60, 2nd Series Effective Date: 6-24-88 SEC. 5.06. CONDITIONAL LICENSES. Notwithstanding any provision of law to the contrary, the Council may, upon a finding of the necessity therefor, place such special conditions and restrictions, in addition to those stated in this Chapter, upon any license as it, in its discretion, may deem reasonable and justified. SEC. 5.07. PREMISES LICENSED. Unless expressly stated therein, a license issued under the provisions of this Chapter shall be valid only in the compact and contiguous building or structure situated on the premises described in the license, and all transactions relating to a sale under such license must take place within such building or structure. SEC. 5.08. UNLAWFUL ACTS. Subd. 1. Consumption. It is unlawful for any person to consume, or any licensee to permit consumption of, beer, wine or liquor on licensed premises more than twenty (20) minutes after the hour when a sale thereof can legally be made. 106-1 (8-31-88) • . ^ 411/ « Page 16/COUNCIL MINUTES May 16, 1988 CONT. S5-!M/FINAL ACCEPTANCE/CINNANON RIDGE 5TH & 6TH ADDITION/UTILITIES The City Public Works Director stated the developer has requested final acceptance of utilities installed to service the Cinnamon Ridge 5th and 6th additions. All final inspections have been performed by public works personnel and found to be in order for acceptance for perpetual maintenance. Motion by McCrea, seconded by Gustafson to approve the final - acceptance of Contract 85 -MM (Cinnamon Ridge 5th and 6th Addition - Utilities) and autnorize the acceptance for perpetual :maintenance. All voted affirmatively. ?RELIMI ARY PLAT FOR WILSON ADDITION The City Administrator updated the Council and the Council reviewed the revision of the preliminary plat for Wilson Addition. Motion by Egan, seconded by Gustafson to approve the revision of the preliminary plat for Wilson Addition. All voted yes. BEER AND TWINE APPLICATION - CARBONE'S PIZZA The application for Carbone's Pizza for a beer and wine was reviewed by the Council. Motion by Egan, seconded by Wachter to approve the Carbone beer and wine application, subject to verification in 60 days or less that no applicant had a 5% or more ownership interest in another entity in Eagan with a beer and wine license. All voted in favor. SALES AND USE TAX REFUNDS Tom Hedges updated the Council on the sales and use tax refunds and recommended the approval of a revised agreement as proposed by Jon G. Sarff. Motion by Wachter, seconded by Gustafson to approve the sales and use tax refund agreement by Jon Sarff. All voted yes. JOINT POWERS AGREEMENT - NEEDS ASSESSMENT/TRANSIT STUD' Tom Hedges and Dale Runkle updated the Council on the transit study. McCrea asked if there is a cap on the amount the City of Eagan could pay. Hedges stated that a proposal with the cost will be returned to the Council. U0/v//0 F ORDINANCE AMENDMENT/CHAPTER 5 CLARIFICATION OF LIQUOR LICENSING PROVISION Heages statea cnis amenament will clarity the transfer section or tne liquor licensing provisions ana eliminates tne neea to t.rocess a new application it at least 90% or the issue° ana outstanaln4 snares are in the same ownership as at tne time or tree original application. he statea tnis situation was occurring rreuuentl1 with tne Pizza Hut Corporation. Egan move°, t•.cCrea seconaea, tne motion to approve the oralr:ar.Ce amenament entitlea "Beer, Wine & Liquor Licensing ana Regulation" cv amenuing section 502, Suua. 4a regaraing transrer or licer.slr.o ana, Dy aaopting Dv reverence, Eagan City Coae Cnapter 1 in Section 5.99. Ail votea arrlrmatively. ORDINANCE AMENDMENT/CLLAPTER 5 CLARIFICATION OF BEER AND LIQUOR IN CITY PARKS City Aaminstrator rieages stateu trio propose° amenament clarifies tree use ana possession or Deer ana malt liquor in City tiaras. The intent or this cnanGe is to a11OW sone use or Deer ana malt iluuor in parrs wnlle controlling tne type or containers ana quantity or aiconol unaer possession in a City pari. ricCrea moven, Gustarson seconaea, tne motion to approve the orainance amenament to Cnapter 5 tnat regulates the provision regaraing 3.2 peer in parrs. All votea yes. ORDINANCE AMENDMENT/CHAPTER 5 REMOVING RESTRICTIONS ON OWNER SALE FROM OFF -SALE OF 3.2 BEER Wacr.ter move«, Gustafson seconaea, tne motion to move tnis item on the agenaa to Aaministrative Agenaa. All votea yes. ORDINANCE AMENDMENT/CHAPTER 9 EXPANSION OF PROHIBITION ON PARKING OF VEHICLES FOR SALE Heages statea tnis proposea amenament woula expana the prohibition on parxing venicies for sale to puulic property otner tnan street ana private property witnout the owner's consent. It rias peen tree City's policy that automooiles wits Lor sale signs not De aliowea to De parxea on any City street tnrougnout tne community. The police have iaentirlea a recent aouse or puulic property wltn either tne parxing or venicies with Lor sale signs on public rignt-or-way, aajacent to puulic paras or otner areas. Thererore, an orainance tnat ana language "otner puolic property or upon private property without owner's consent,'' is sugyestea. -20- ORDINANCE NO. , 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE, CHAPTER 5, ENTITLED "BEER, WINE AND LIQUOR LICENSING AND REGULATIONS" BY AMENDING THE PROVISIONS LIMITING OWNERSHIP OF LICENSES AND BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 5.99. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section I. Eagan City Code, Chapter 5, is hereby amended by changing Sec. 5.05 to read: SEC. 5.05. LIMITATION ON OWNERSHIP. No person shall be granted an on-salq or off -sale liquor or an off -sale wine license at more than one location. For the purpose of this Section, any person owning an interest of five percent, or more, of the entity to which the license is issued, or if such ownership is by a member of any immediate family living in the same household, as the licensee, that person shall be deemed to be a licensee. Section 2. Eagan City Code Chapter 1, entitled General Provisions and Definitions applicable to the entire City Code including "Penalty for Violation" and Section 5.99 entitled "Violation, a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim. Sectigrt3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN CITY COUNCIL Its Clerk By Its Mayor Date Ordinance Adopted: Date Ordinance Published in the legal newspaper: �(J Agenda Information Memo November 1, 1988, City Council Meeting LIQUOR LICENSE/PIZZA HUT B. Liquor License Application for On -Sale 3.2 Beer and Wine at Pizza Hut Located at Town Centre 70 9th Addition --An application was presented to the City of Eagan for an on -sale 3.2 beer and wine license at the Pizza Hut located in Town Centre 70 9th Addition. The application is in order for consideration. The Police Department has conducted their necessary investigation and for a copy of both the license and Police Department report, refer to the enclosure without page number. Action on this item is directly impacted by the previous action regarding the ordinance amendment for the non -intoxicating malt liquor license. Assuming for a moment that the ordinance amendment is not approved, it would be necessary for Pizza Hut to give up their on -sale non -intoxicating malt liquor license at either the Cedarvale location or discontinue their application for the Town Centre 70 site. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an on - sale 3.2 beer and wine at Pizza Hut located on Lot 1, Block 1, Town Centre 70 9th Addition. Agenda Information Memo November 1, 1988, City Council Meeting AMENDMENT/RAHN CLIFF 2ND ADDITION PLANNED DEVELOPMENT AGREEMENT C. Amendment Rahn Cliff 2nd Addition Planned Development Agreement --A request has been received by the Planning Department from Austin Companies, the developer of Rahn Cliff 2nd Addition for an amendment to the approved planned development agreement. The amendment would combine Lots 2 and 3, Block 3, Rahn Cliff 2nd Addition into a single lot to be described as Lot 2, Block 3. The reason for the amendment request is to combine the parcels for single ownership. This amendment indicates no change in building area or use from those indicated in the original agreement. For a copy of the Planning Department report on this item, please refer to pages MS. ---L!-1 ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the amendment to the Rahn Cliff 2nd Addition planned development agreement as presented. MEMORANDUM TO: Tom Hedges, City Administrator FROM: Kristy Marnin, Planner I DATE: October 21, 1988 SUBJECT: Amendment to Rahncliff 2nd Addition Planned Development Agreement Austin Companies, the developer for Rahncliff 2nd Addition, has requested an amendment to the approved Planned Development Agreement for the project. The amendment changes the development plan to combine Lots 2 and 3, Block 3, into one lot for single ownership. No changes in building areas or uses from those designated in the PD Agreement for these two lots are proposed with this amendment. A draft amendment document and exhibit is attached for City Council approval. Also attached are the original development plans from the PD Agreement for comparison with the proposed amendment. S. W.3A811S i S4133NI9N3/ S11.3NNv1d —Y— DU''IIUH .J saw( - !1 b..31111,06."..1.0 ,. Ht7A53.10m Lt331,HOur - mala is ou Iallurufarl. 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I 4111 aro .0 u 0 20'20'14• . 1 0 AMENDMENT PLANNED DEVELOPMENT AGREEMENT RAHNCLIFF 2ND ADDITION THIS AMENDMENT, made this day of , 1988, by and between the CITY OF EAGAN, a Minnesota municipal corporation (hereinafter the "City") and AUSTIN COMPANIES, a Minnesota General Partnership, and M.G. ASTLEFORD, an individual (hereinafter the "Applicants"). WHEREAS, the City and the Applicants made a Planned Development Agreement for Rahncliff 2nd Addition (hereinafter the "Agreement") on the 6th day of September, 1988; and WHEREAS, the Agreement provides for amendments to said Agreement upon application by the Applicants and approval of the City pursuant to Eagan City Code; and WHEREAS, the Applicants have applied for an amendment to Exhibit B of the Agreement which combines Lots Two (2) and Three (3), Block 3, Rahncliff 2nd Addition, Exhibit A attached hereto; and WHEREAS, this amendment does not into one lot as shown on change the building areas or uses on Lots Two (2) and Three (3), Block 3, Rahncliff 2nd Addition, as set forth in the Agreement. NOW, THEREFORE, it is hereby agreed by and between the parties hereto, to amend the Planned Development Agreement for Rahncliff 2nd Addition as stated herein. This Amendment shall become part of the Agreement, fully binding upon the parties, as if fully set forth in the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. CITY OF EAGAN a Minnesota municipal corporation STATE OF MINNESOTA) ) COUNTY OF DAKOTA ) ss. BY: VICTOR L. ELLISON Its: Mayor BY: E. J. VanOVERBEKE Its: Clerk AUSTIN COMPANIES a Minnesota General Partnership BY: M. AUSTIN SMITH Its: Partner BY: B. BURICH SMITH Its: Partner M.G. ASTLEFORD On this day of , 1988, before me a Notary Public within and for said County, personally appeared VICTOR L. ELLISON and E. J. VanOVERBEKE to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal' affixed in behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public STATE OF MINNESOTA) ss. COUNTY OF ) On this day of , 1988, before me a Notary Public within and for said County, personally appeared M. AUSTIN SMITH and B. BURICH SMITH to me personally known, who, being each by me duly sworn to be partners of the Partnership named in the foregoing instrument, and that the seal affixed to said instrument is the seal of said Partnership and that said instrument was signed and sealed on behalf of said Partnership by said M. AUSTIN SMITH and B. BURICH SMITH and they acknowledged said instrument to be the free act and deed of the Partnership. Notary Public STATE OF MINNESOTA) ss. COUNTY OF ) On this day of , 1988, before me a Notary Public within and for said County, personally appeared M. G. ASTLEFORD to me personally known to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed. Notary Public SOME PLaH EXHIBIT A: DEVELOPMENT PLAN ULU,Y 1 JLKUS 111111111111M NOM MEI 1611111011•1011•111111.11111MINIV 4 ,� El 1 Ili 0111 11111201911/ PI . Yillill 1111011114 11 1 MAI - -. _11,12,01i O 1 a 1 li 4 N i Oil t4 -Iii . III l q 1I iii 'LIll .on.d l 11 A lb Ix iqiii =i 1 ?1 Q. !mi • 31 a � ��z mum: i . gl _� 1 i 011111 11 I 1 1111!lllllllllll JIIIIHIIIIIIIH GI 1 II 110 ! 011111111 1411141 11414111141111111111 avow Jir13 LIMO dianotaivv O 11111111111111111 RAHNCLIFF 2ND ADDITION PLANNED DEVELOPMENT AGREEMENT AMENDMENT Agenda Information Memo November 1, 1988, City Council Meeting VARIANCE/REAR YARD SETBACK/SCOTT AND SUSAN BJERKE D. Variance for Scott and Susan Bjerke, 4845 North Safari Court -- An application has been received of Scott and Susan Bjerke of 4845 North Safari Court, also described as Lot 16, Block 2, Safari Estates, for a 5' variance to the required 5' rear yard setback for an installed, in -ground swimming pool. A survey by the Dakota County Housing and Redevelopment Authority, owner of the abutting lots, had indicated that the pool's current location lay outside of the easement. After completion of the pool, a subsequent HRA survey determined that the lot line lay six feet closer to the pool than had been previously indicated, thereby defining the encroachment and giving rise to the request for a variance. Enclosed for your review on pages L,.1 t/ -"L1 a is the Planning Department report on this item. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a request for a 5' variance to the 5' rear yard setback for Lot 16, Block 2, Safari Estates Addition as presented. CITY OF EAGAN SUBJECT: VARIANCE APPLICANT: SCOTT BJERKE LOCATION: LOT 16, BLOCK 2, SAFARI ESTATES ADDITION EXISTING ZONING: R-1 (SINGLE FAMILY RESIDENTIAL) DATE OF PUBLIC HEARING: NOVEMBER 1, 1988 DATE OF REPORT: OCTOBER 24, 1988 REPORTED BY: PLANNING DEPARTMENT APPLICATION SUMMARY: The applicant, Scott Bjerke, is requesting a five foot Variance to reduce the required five foot rear yard setback for swimming pools to zero feet for an existing in -ground swimming pool. COMMENTS: The applicant's contractor, Pacific Pool & Patio, received a building permit from the City of Eagan on June 30, 1988 for the construction of an in -ground swimming pool on the applicant's property. Based on the plans submitted by the contractor, the proposed pool was not encroaching on the required five foot rear yard setback. Shortly after construction of the pool was started, Dakota County HRA surveyed the two lots (owned by HRA) abutting the rear of the applicant's lot. According to the applicant, this survey indicated that the applicant's rear lot line was actually five feet closer to the pool than realized. As such, the pool was realigned with respect to the lot lines established by the new survey, allowing for the required five foot rear yard setback. In late September, 1988, after the pool was completed, Dakota County HRA again surveyed its two lots. This new survey showed that the applicant's rear property line was an additional six feet closer to the pool. Based on this most recent survey, a corner of the existing pool encroaches five feet into the required rear yard setback. As such, a Variance is necessary. In addition, a portion of the pool decking encroaches approximately one to two feet onto HRA property. However, this is a matter to be handled by the respective property owners. The issue before the City is the requested Variance only. A five foot drainage and utility easement exists along the rear property line. The Engineering Department has indicated that vacation of this easement will not be requested by the City. However, the applicant should be aware that, in some cases, structures located within easements create difficulties in selling the property. The pool meets, or exceeds, all other setback requirements. The requested Variance meets the required findings as set forth in Section 11.40, Subd. 3.B.4 and 3.0 of the City Code. • Zo 1-106,e L-44-11 r-lAr • Aia . t1 Ii _' ..,. *�• SO ..! `AIFAOOIFLAND 11 i ¢ 11.11111 i PA AK '!I s✓. CLIFF fi 113/ �r I�jR6NN® rLT� Iz 1 w Lrr—_� ,—IM.fNCN jU IFtF, W_Ior? I LR �� 1 ! �N OCR OR 3} BURNV J Jr g��— lb VTRA�L `, Ri. Ct 9N ni-5u � SS PO BEECRER " .W. FF PARK PT 2- ARK IT ,13 - Ja.0 STONE PTI LUNO PT w- NAROu,S 37 -I'1ANA PT lS- TRAVERSER PT S- MONESTE AU PT I6 -SORREL T 6 -105A0E FTT NI T6 PT 7 • I51A0BLLL PT 18-LISTA PT B -WOOER PT 19 MORTEM PT t 9 LRENAW PT 17. 5TAVERN R 10 -NARNRSN PT 21- ALTA PT 11 - TRRUSN R. ® f. rr. mini w it 11.10146 ROBE (ENGINEERING COMPRNY, INC. OO EAST 146It STREET. ELAANSVILLE, MINNESOTA 55337 P11 4323000 CereZe4CCLI7C tSzdc4,77,-(Ty 1614zajriasz1aaonL Lor ElLDcW 2, s CONSULTING INOINURS, PLIANNW and LAND SUAVIVIOAS NORTH 50,4LE".•/":36,' ,. j I I .1)d COUNTY, /14/NNesar/9. esT,97-ES, 49xo79 /0 3C Lta ,r PRA/N•PCE !Ira /TY EASEWEA/7" _7_ # /, -1-1 1C:.k (5J,72) DENTES e",r/s774va 0 A. ..... Ez6-1,97roiv • c• -1- z)- (1'4.5.e. ) De -407 -Es ReD/ooso - cr -.1.1/4,3• EZ ,F.v,977 ON ____ .....-----' i/i/o/cAres„0/..0Ec7/o/Y ac cv\ ‘ 1 SURFACE DR4/N4 1I 1 I t . (9_6,st.,,_,— /LW/S/YED C/9,e,49a1” .c2eoRELEV,V7DN-1: 9665 / -f ... ,t, _ 6- #/..c.t. ..-/-, 'I' 1....3 ...i:41.::e 1.4.• ., 1c.:1-.---,:;,,„ L, 1st `i-.=, • . hereby certify that this is A true d correct representation of A tract of ind as shorn' and described hereon.. ol)LY 19 ati- As prepared by me on this izmi day of 47Lied Minn. Ittf. No../64,05 Agenda Information Memo November 1, 1988, City Council Meeting CONDITIONAL USE PERMIT/LINVILLE PROPERTIES FOR CAR WASH/RAPID OIL CHANGE/PYLON SIGN E. Conditional Use Permit for Linville Properties Inc. to Allow a Car Wash/Rapid Oil Change and a Pylon Sign on Lot 6, Block 1, Thomas Lake Center Addition --A public hearing was held by the Advisory Planning Commission at their last regular meeting held on Tuesday, October 25, 1988 to consider an application for a conditional use permit to allow an automobile service station and car wash facility at the Thomas Lake Shopping Center. Both require conditional use permits in a CSC district. The APC is recommending denial of the conditional use permit. For a copy of the Planning and Engineering report, refer to pages 1 �� through /I7. The APC minutes were unavailable for Friday's packet preparation. They will be included with Monday's Additional Information packet. Also enclosed concerned about called to voice on pages 137-'147 are ,letters from residents this item and on page lug, names of residents who their opposition to the conditional use permit. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a conditional use permit for Linville Properties Inc., to allow a car wash/Rapid Oil Change and a pylon sign on Lot 6, Block 1, Thomas Lake Center Addition. aci\ CITY OF EAGAN SUBJECT: CONDITIONAL USE PERMIT APPLICANT: LINVILL PROPERTIES, INC. LOCATION: LOT 6, BLOCK 1, THOMAS LAKE CENTER ADD. EXISTING ZONING: CSC VITHIN THE BLACKHAWK PARK PD DATE OF PUBLIC HEARING: OCTOBER 25, 1988 DATE OF REPORT: OCTOBER 18, 1988 REPORTED BY: PLANNING & ENGINEERING DEPARTMENTS APPLICATION SUMMARY: An application has been submitted requesting a Conditional Use Permit to allow an automobile service station and car wash facility at the Thomas Lake Center. Both require Conditional Use Permits in CSC (Community Shopping Center) districts. This lot is immediately west of the existing strip center and north of the recently approved Yocum Oil (Texaco) station. Rapid Oil Change is the proposed user on the west and of the building with full service and time metered self -serve car washes on the east side. The self -serve car wash will have five angular stalls and stacking for six cars. The site plan has been modified closing the southeast curb cut so cars leaving the self - serve area have an ample drying area before leaving the lot. Vacuum space is also provided in this area. Staff is recommending a signed 30 foot 'wide exit' only opening to the west. Seven stacking spaces are provided for the full service car wash and six are provided for the Rapid Oil Change. All building and parking setbacks meet code requirements and the lot coverage is 19% in a 30% district. Fifteen parking spaces are provided, including the drying area. The building will be constructed of exposed aggregate concrete block and brick matching the strip center in style. No pylon signs are proposed and the perimeter landscaping was installed with the initial development. GRADING/DRAINGE/EROSION CONTROL: The proposed site was previously graded with the initial development of the Thomas Lake Center. The development is proposing a finished floor elevation approximately 2 to 4 feet higher than the existing shopoinq center drive and approximately 4 to 7 feet higher than the northwesterly adjacent Thomas Center Drive. The preliminary grading, drainage and utility plan for the proposed development generally meets all criteria For an erosion/sediment control plan. UTILITIES: Sanitary sewer and water main of sufficient size and capacity is readily available in Thomas Center Drive and has been provided to the Property line of the development in a location conducive to site development. STREETS/ACCESS/CIRCULATION: Street access to the site is readily available from the westerly adjacent Thomas Center Drive through the shopping center drives in 3 locations. The entrance/exits into the proposed facility are limited to a 30' wide with concrete valley gutters. The development is responsible for reconstruction of the existing northwesterly shopping center entrance from Thomas Center Drive. The existing entrance presently does not conform to acceptable City standards. EASEMENTS/RIGHTS-OF-WAY/PERMITS: Sufficient right-of-way for Thomas Center Drive was dedicated with the initial platting of the Thomas Lake Center development. All regulatory agency permits shall be acquired within the appropriate time frame as required by the affected agency. PUBLIC STREETS/UTILITY FINANCIAL OBLIGATIONS: A search of City Special Assessment records show the property has fulfilled all appropriate financial obligations associated with previous street and utility construction. -)y)--- THOMAS LAKE CENTER CONDITIONS: 1• The southeast curb cut shall be closed and the southwest curb cut shall be signed 'exit only'. 2. A11 signage shall be subject to the one time sign fee of $2.50 per square foot. 3• The development shall be responsible for acquisition of all regulatory agency permits in the time frame require. by the affected agency. 4. All entrance/exits from the proposed development are required to be 30' wide. 5. 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Comprehensive Guide Plan Amendment, Roseagan Addition/Holck Company Rezoning of 24.78 Agriculture Acres to 15.5 R-1 Acres and 7.5 GB Acres and a Preliminary Plat Consisting of 6 R-1 Lots and 1 G B Lot Along the West Side of Highway 3 South of Farm Road --A public hearing was held by the Advisory Planning Commission at their regular meeting held on September 27, 1988, to consider applications submitted by Holck Company for a rezoning of 24.78 Agricultural acres to 15.5 R-1 and 7.5 GB acres for preliminary plat for the Roseagan Addition located between Dodd Road and Highway 3. The APC is recommending approval of this item. For a copy of the Planning and Engineering Department reports, refer to pages (_.>D through o' -j. For a copy of the Parks and Recreation Department report on this item, refer to page ! S. The APC minutes were unavailable for Friday's packet preparation. They will be included with Monday's Additional Information packet. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the comprehensive guide plan, rezoning of Agriculture to R-1 and preliminary plat for Roseagan Addition as presented. CITY OF EAGAN SUBJECT: COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING, AND PRELIMINARY PLAT (ROSEAGAN ADDITION) APPLICANT: HOLCK COMPANY LOCATION: SW 1/4 OF SECTION 36 EXISTING ZONING: A (AGRICULTURAL) DATE OF PUBLIC HEARING: SEPTEMBER 27, 1988 DATE OF REPORT: SEPTEMBER 20, 1988 REPORTED BY: PLANNING AND ENGINEERING DEPARTMENTS APPLICATION SUMMARY Separate applications have been submitted requesting a Rezoning of 24.78 Ag (Agricultural) acres to 15.5 R-1 (Single Family) acres and 7.5 GB (General Business) acres, and a Preliminary Plat for the Roseagan Addition located between Dodd Road and Highway 3. This plat incorporates a small area in Rosemount and consists of six Single Family lots and a General Business lot currently occupied by a landscape contracting business. The City's Land Use Plan designates this area D -II (Mixed Residential, 0-6 units per acre); therefore, the commercial request requires a Comprehensive Guide Plan Amendment. SITE PLAN Four of the six Single Family lots will have access onto the existing gravel Dodd Road and the other two will share a driveway onto Highway 3. The Rosemount VFW abutts this plat to the southeast. The site consists of open grassland and most of the proposed house pads will provide nice off-site views into Lebanon Hills Park to the west. These lots vary in size from 2.5 to 2.9 acres and will have well and septic systems. Code minimum lot size in unsewered R-1 areas is one acre. Since the proposed GB lot does not have City utilities, an expansion of the existing operation is desired. The existing use could remain in the Ag zoning but if GB zoning is granted, the landscaping business could be removed and replaced with any other GB -permitted use. GRADING/DRAINAGE/EROSION CONTROL: No site grading is proposed as a part of the preliminary plat application. The existing topography of the proposed site ranges from a low elevation on the northeast corner of the site of approximately 923 to a high elevation of approximately 975 in the west central portion of proposed Lot 5. The majority of the site generated storm water run off is conveyed generally overland to the existing low area (Pond LP -22) located in the westerly adjacent Dakota County Park. Pond LP -22 is a designated ponding area in the City of Eagan's Comprehensive Storm Sewer Plan. UTILITIES: No water main or sanitary sewer service is available to the proposed development. The development is proposing on- site well and septic systems to serve each platted parcel. The development will be responsible for obtaining all the City, County and State approvals/permits associated with well and septic system installation. STREETS/ACCESS/CIRCULATION: Driveway access from State Trunk Highway #3 is proposed in one location to serve proposed Lots 1 & 2 (see attached letter from MnDOT). Local street access is readily available from Farm Road and Dodd Road on the north and west respectively, and 120th Street West in Rosemount along the south. Farm Road and Dodd Road are presently under public contract to be upgraded to a 24' wide bituminous surfaced rural section roadway. EASEMENTS/RIGHTS-OF-WAY/PERMITS: The City will be requiring a 40' half right-of-way dedication for the westerly adjacent Dodd Road and the northerly adjacent Farm Road. The development is subject to additional requirements from the City of Rosemount and the Mn Dept. of Transportation. The development is responsible for obtaining all regulatory agency permits within the appropriate time frame as required by the affected agency. ASSESSMENTS: A search of City special assessment records shows that the parcels proposed for platting at this time have not fulfilled any, or have been levied, any assessment for public streets and utilities. The following pending assessment is identified for the bituminous surfacing of Dodd Road under Project #515: PROJ. # DESCRIPTION RATE QTY AMT 515 Dodd Road surfacing $5.80/ff 1,370 $7,946 515 Farm Road surfacing 5.15/ff 568 2,925 TOTAL PENDING ASSESSMENT OF RECORD $10,871 The following assessments are proposed as a condition of final plat approval in accordance with special assessment policies in effect at this time: PROJ. # DESCRIPTION RATE Future Sanitary Sewer Trunk Water Trunk Storm Sewer Trunk Street WAC Rate Street Storm Sewer Trunk $1,365/acre 1,315/acre .056/sq ft 48.05/fr ft 2, 015/acre 111.70/fr ft .083/sq ft TOTAL PROPOSED ASSESSMENT QTY AMT 23.3 23.3 688,248 1,100 7.5 270 326,700 All final assessment obligations will be quantities and dimensions in the final plat and with the rates in effect at the time of final plat $31,804 30,630 36,477 52, 855 15,112 30,159 27,116 $224,153 calculated based on the in accordance approval. ROSEAGAN CONDITIONS: 1. A shared driveway easement shall be provided for lots 1 and 2. 2. The well and septic system shall conform to WPC 40 standards. 3. No expansion of the existing landscaping business shall be permitted. 4. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be compled with: Al, 81, B3, C2, and El. STANDARD CONDITIONS OF PLAT APPROVAL A. Assessments 1. This development shall accept its additional assessment obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights -of -Way 1. This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 2. This development shall dedicate, provide, or financially guarantee its proportionate share of the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. C. Plans and Specifications 1. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes and engineering standards and policies, and approves by staff prior to final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards and approved by staff prior to final plat approval. 3. This development shall insure that all temporary dead end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 4. A detailed landscape plan shall be submitted on the proposed grading plan and approved by staff prior to the final plat approval. The financial guarantee shall be included in the Development Contract and not released until one year after the date of installation. !S3 STANDARD CONDITIONS OF PLAT APPROVAL PAGE TWO 5. All internal public and private streets shall be constructed within the required right-of-way in accordance with City design standards. D. Public Improvements 1. If any public improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. R. Parks Dedication 1. This development shall fulfull its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. G. Other 1. All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. 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(a'. :::::b;::• rc: iid h” Sr :. � j ,. _�=.:>'..f�, "ti,_:_,M1.`.'" z'.-. '�.� �,:,•..•' :•'•„ ,�tr'►�'.:.----,-.7-,. •� y•ti 'ij 'h• . •• •�\ A',,-�`t.?+\� :^ 514 ,'•q1' t.t ••• . ? � t �% '.:l _ . \ 1,\,,,,,, : \,`•-1-�'>3. !'Y �'. � �ti}•7;.',:•::: 1: ..:,:':','N. '?4�•• w'� l ./� ,�•=_ ti's. .t a`\\:". -'''''\''''.,,,,,,,\K.,:\;,,.., ;✓ '",,_ O'. \� �:':: {:i.;.y,;�;.• .y.... /'. - ✓ •y^yam t+i • Y t'r=.:�:• ?{?S 'may j?'':;%✓S�; eT T Y;: pot -- 8L91 -51 3 ` 0- • --- `` CP - 61-� . . LP- 69 8936 \ 88 8888 4 .5 887.8 .893.0 LP -37 • 878.3 n. \ - • 880.6 J►��J )' LP -33 3 • I2" / LP -35 LP -34 886.3 LP -36 ,• 87 - 5 8790 889.6 \ 862.0 ego. • J 888.5 _ ,,,,_,,,2_.i864.5 �f c!I i L_h-27 I - LP -46- 8792 . 88/.51 L.S.-24 24. LP -64 Q90.7 ' 894.0 _P-38 865.0 878.5 LP -21 902.5 903.0 LP -24 883.2 886.0 LP -65 LP -45 982.5 r. LP_ -48._, 2- LP -25 924.7 92(0 LP -31 .907.8 9/00' LP -49 ' 5 917.4 h 9/90 '�. m L- LP -26 920.2 923.6 LP -47 9080 9/0.6 LP -29 912.0 9/5.0 LP -28 910.7 915.0 LP -18 908.6 9/0.7 LP -17 I LP -I9 900.2 903.0 1 I I LP -66 LP -22 901.0 904.0 LP- 27 922.0 925.4 LP -23 925.3 930.0 9 9 • SUBJECT PARCEL FIG #I city of eagan PUBLIC WORKS DEPARTMENT STORM SEWER MASTER PLAN approved: standard plate *: 0.8 / 16.0 •••=0/ MIMEO 3.3/58.0 020 = . ' 2" 47.5/63.0 - ; ZersurvolftralnIMIrialr 20" 12" 74 6/87C 12". 78 7/91Q 312" 33 EgrZSUBJECT PARCEL city of eagan PUBLIC WORKS DEPARTMEN WATER MASTER PLAN FIG #3 plate IF: standard approved: city of eagan PUBLIC WORKS DEPARTMEN SANITARY SEWER MASTER PLAN approved: standard plate 4: MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR ;ROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION DATE: OCTOBER 11, 1988 RE: ROSEAGAN ADDITION - HOLCK COMPANY The Advisory Parks and Recreation Commission at it's October 6, 1988 meeting reviewed the proposed Roseagan Addition. After their review they made the following recommendations: 1. That this proposal be subject to a cash parkland dedication. 2. That an 8 foot bituminous trail be placed along the east side of Dodd Road. KV:cm cc: Marilyn Wucherpfenning, Planning Aide Ed Kirscht, Engineering Technician Agenda Information Memo November 1, 1988, City Council Meeting -ADDITIONAL. ITEMS RECONSIDERATION/SPECIAL ASSESSMENT CONDITION OF WAIVER OF PLAT/VINCE & EILEEN KENNEDY A. Reconsideration of Special Assessment Condition for Waiver of Plat, Lot 5, Zender Acres, Vince and Eileen Kennedy --The Advisory Planning Commission held a public hearing on July 26, 1988, to consider a waiver of plat for the conveyance of a land sale located on the north side of Lone Oak Road just west of Pilot Knob Road for Vincent and Eileen Kennedy., A copy of the Planning report is enclosed on page (s) 41 - "� �; . The APC recommended approval and the item was approved by the City Council at their August 2, 1988, regular meeting subject to certain conditions. A copy of the July 26 APCO minutes and the August 2, City Council minutes are enclosed on page(s))-)5 -171 for your review. At the September 19, 1988, City Council meeting, an appeal of the waiver of plat condition pertaining to assessments was heard by the City Council. A copy ,of a letter_,from the Kennedy's attorney is enclosed on pages 1 and . The Kennedy's request to waive the assessments was denied and a copy of those minutes are enclosed on page(i) Because the Kennedy's were not present at the September 19, 1988, City Council meeting, they are requesting reconsideration of the special assessment condition for their waiver of plat. ACTION TO BE CONSIDERED ON THIS ITEM: 1) whether to reconsider the motion to deny the request for waiving the assessments as proposed for Lot 5, Zender Acres. 2) If the Council reconsiders the motion, to approve or again deny the request to waive the special assessment condition of the waiver of plat for Lot 5, Zender Acres. CITY OF EAGAN SUBJECT: WAIVER OF PLAT APPLICANT: VINCENT AND EILEEN KENNEDY LOCATION: LOT 5, ZENDER ACRES; SE 1/4 OF SECTION 4 EXISTING ZONING: R-1 (SINGLE-FAMILY) DATE OF PUBLIC HEARING: JULY 26, 1988 DATE OF REPORT: JULY 18, 1988 REPORTED BY: PLANNING AND ENGINEERING DEPARTMENTS APPLICATION SUMMARY An application has been submitted requesting a Waiver of Plat for the conveyance of a land sale located on the north side of Lone Oak Road just west of Pilot Knob Road. On November 20, 1984, a Preliminary Plat for the Oakwood Addition, consisting of fourteen single-family lots on 7.5 acres, was approved by the City Council. The Final Plat was never completed; therefore, a new Preliminary Plat will be required before any further subdivision occurs. The Waiver of Plat accurately reflects the design of the previously approved plat. A 30' easement along the east side of lot 5 will provide access to the northern portion of the lot. One single-family structure will be allowed on that area. If and when the platting procedure begins again, it will become dedicated street right-of-way. Currently, there are homes on lots 4 and 5 and (two) on lot 6 to the west. Parcel A on the north will contain 87,800 sq.ft. and the existing homesite (parcel B) will contain 34,000 sq. ft. It meets all code setback requirements. If approved, this Waiver of Plat shall be subject to all applicable ordinances. ENGINEERING COMMENTS: The existing residence on proposed Parcel B presently is served by City sewer and water. The Development will be required to provide a 30' wide easement along the easterly side of proposed Parcel B. This 30' wide roadway easement will provide public access to Parcel A and would serve as a portion of the required street right-of-way for future Development. Assessments proposed as a condition of the Waiver are identified as follows: PROJ # DESCRIPTION RATE QUANTITY AMOUNT Future Trunk Storm Sewer .056 121,990sf $6,831 Future Lone Oak Road $48.05/ff 200 ff $9,610 TOTAL PROPOSED ASSESSMENT $16,441 Lot 5, Zender Acres will be subject to additional sanitary sewer and water trunk assessments when the area is final platted and developed into lots. CGND1T IONS : KENNEDY SvAIVER 1) A 30' driveway easement along the east side of lot 5 shall provide access to the newly created parcel. 2) Development is required to accept its additional assessment obligations as defined in the staff's report in accordance with the dimension as shown on the Waiver of Plat and the rates in effect at the time of the Waiver. 3) The Development is required to fulfill its monetary obligations to the City for costs associated with Project #445. L24,IJ2 JL2 r -le / - ----r7.---- ... ,45, ( ....'" 444 1 k, /-----.' co -.... . , ,. s.,,,,,. 1 , ,, ,,u„rRr ' :L. u8 I • a:, ..Y. c-,..-11.rs :"...: r , . ..., , .. - • -.-/44,1•11, ,_ c -^ 7,-, I 4"/ — .7., • :-.. - - S7Y 4'4,4 ' --1 f, - • i - _ • Ler: -SPUR .C.D.NTRY .FF10E C., ;;;OFT:AT:i c o LF„, 7 c ":" r- • -- ss. E* R 37E E .tCRS - 4f • R 1 • 14. 1,3"ri 1 ZEMYCOR • — - .• PD • . . -=‘----- , h. — --- .L -7---:// -"' - I/ ' ' /...... ,_...0 ...41."?;-,..-:±10--:2„I,r2.. c„Lu a \..., I—' L.,,,) .. ... —'l - W/ ,,,,,,..f.;,,...,::,-- ...,...1 s\ _ k— =.:.:„...,.:___• - .— — -1-7— ::,_,) .._ .........,' .,,,,.. ,•:::',...;::-::......•:,...;'{-.,--_-1-LA-t.,—.C---,121;:.; • —. 4-- 1 ' .. ----- '. • , • L4 / 47'.? ' r-,-r.v.,,,.),...,:ii.., : 72,,,,,,...!,:. ! • . - • / - , .1”. V . , '7;7'7 ; if17,1.: F P'...:".""".."---• j - ..' •• /.. •• , ,:/'1..L-q.i • +1"•',' • ' ' r I ::• •1 \-.- c4-,-,3, to-0.NY+ , • !..c;sisi.i-1• .' . '• I 1 . • • • • • '. • • :72-7-...':/.7------er1`.•"61...--e- ..: .1.: i: f ,ii:- t7 .,..„.•.,...:,..),,..,....,,c...... ;.., ..t,,,..,.......:.I .5....caz .,_.,I4...o.j.,_ii .--;,-r_:•:-,,,-.•.....-!,•!.,,;:::::• .:, ,...) S --,,,ii. . • / .•/ • / PARCEL 'A' LEGAL DESCRIPTION: dvOii BONN 101Id J U cc 4 a -0 o Q:. O•. w • z °I+ .3 CERTIFICATE OF SURVEY °;'';1 ° VINCE KENN .1 A 1 z 1, 00 0 0 0 3 I• C)- Br NA . d) Li .00 L; l Cj L 1 6 . 1 1 • a `` ▪ .1 • I a. N • t N. N • \ \ • I - ,! 1 11 I IIII 11 '"• 1 •• 11 .1 1i.^ C ' 1 O . ` 11 0` • III CA III 111 I yr '1 3AIaO H33113 -.a ._ \ I./ •- G.�- .. \\../ .. 1 1 12' J 1 I • O %./\\vt1V• • :t ia- -.. /0 -/. .dB O r•27- - ,z) \ \ .. tl V. / �11 aIP ni.? �\ \� , 09 co ,1 • • 3 2 k .1 •T M N 0. 0 N La LONE OAK ROAD IMPROVEMENTS - 200 F.F. 3 1 3 1 TRUNK STORM SEWER -121,990 S.F. O c � LEGAL DESCRIPTION: i Lt,t t,31.M♦H uMt, 1$ r IVINCE KENNEDY GVOi SONN 1OZ1d CERTIFICATE OF SURVEY ��3 .s ammi, -"? _H-cCLU3 H -d H- e r /q.//7_z- 7 0. D = b H 8 8. --ir.__.• �;;CC, 2EHi';C�� 0/- c y ,• .r d =-;Y , N 7r D- e --;-\032.000 _ _ weamon it Immo.. ------- C HCDL 1 .1 7,4 R ;'88 /. 9 24" LOP-2 . 874.0 •_..,:. za�c?:_� SUBJECT PARCEL FIG I city of eagan PUBLIC WORKS DEPARTMEN STORM SEWER MASTER PLAN approved: standard plate lc: 0 Page 11/PLANNING COMMISSION MEETING MINUTES July 26, 1988 1. The trash enclosure shall be constructed or the same materials as the building. 2. The canopy signage shall be limited to 20% of tne canopy facade area. 3. Only one access shall be allowed onto the shopping center drive in. 4. All permanent parking stalls snail be 10' wide. 5. No rooftop mechanical equipment shall be visible from the public streets. 6. No outside loudspeaker advertising or outside displays shall be permitted. 7. Additional landscaping along the eastern property line snail be required and approved prior to the issuance or a building permit. 8. The Development is required to revise the proposed site plan to incorporate the following concerns: a. Revise parking lot grades to a minimum 1%. b. Revise drainage plan to eliminate proposed bituminous swales along the easterly and westerly siaes of tne pump islands. c. Revise entrance drive widths into site to a 30' width. d. Construct concrete entrance aprons. Wilkins, Voracek, Trygg, Merkley, Graves aria Pawlenty voted in favor; Garry voted against. WAIVER OF PLAT — VINCENT J. KENNEDY Chairman Pawlenty opened the next public hearing regarding the application for a waiver of plat in order to split Lot 5, Zehnaer Acres, into separate parcels located in the southeast quarter of Section 4, north of Lone Oak Road and west of Pilot Knob Road. Assistant City Planner Jim Sturm stated an application had been received requesting a waiver of plat for the conveyance of a lana sale located on the north side of Lone Oak Road just west of Pilot Knob Road. On November 20, 1984, a preliminary plat for the Oakwood Addition, consisting of 14 single family lots on 7.5 acres, was approved by the City Council. The final plat was never completed. Therefore, a new preliminary plat will be required berore any further subdivision occurs. The waiver of plat accurately reflects the design Page 12/PLANNING COMMISSION MEETING MINUTES July 26, 1988 of the previously approved plat. A 30 toot easement along the east side of Lot 5 will provide access to the northern portion of the lot. One single family structure would be allowed on that area. Ir tne platting procedure began again, it would become a dedicatea street right-of-way. Mr. Sturm stated there are homes on the Lots 4 and 5 and two on Lot 6 to tne west. Parcel A on the north would contain 87,800 square feet and the existing home site (Parcel B) would contain 34,000 square feet. Vincent J. Kennedy, 1415 Lone Oak Roaa, (developer), statea the drainage to the north was lacking on the original plat. He intormea the Commission he was only requesting tne division at tne present time. Tom Hanky, 1429 Laurel Oak Road, asked whetner the lot would be split and what atfect the split would have on the Oakwood Addition. He also questioned the cost of the assessments to him. He asked wny the split was necessary. Mr. Kenneay statea the split was necessary for financing purposes. Member Wilkins informed Mr. Kennedy that if he wished to develop the land, he must reappear before the Commission. Robert Erlinsen, 2973 Pilot Knob, stated his property abuts the Kennedy property. He expresses concerns regarding the sewer. He commended the Commission for their work. Mr. Merkley asked Mr. Kennedy if there would be any building before the re -plat. Mr. Kennedy stated there would be no building before the re -plat. Mr. Graves questioned the need for the waiver if the final plat had never been completed. Mr. Sturm stated the waiver was necessary to allow another home. Trygg moved, Merkley seconded, the motion to close the public hearing and to approve the waiver of plat for Vincent J. Kennedy in order to split Lot 5, Zehnder Acres, into separate parcels located in the southeast quarter of Section 4 north of Lone Oak Road and west or Pilot Knob Road, subject to the following conditions: 1. A 30' driveway easement along the east side of Lot 5 shall provide access to the newly createa parcel. 2. Development is required to accept its additional assessment obligations as detined in the staff's report in accordance with the dimension as shown on the Waiver of Plat and the rates in effect at the time of the Waiver. 3. The Development is required to fulfill its monetary obligations to the City for costs associated with Project No. 445. \-0 I 7 (0 Page 13/PLANNING COMMISSION MEETING MINUTES July 26, 1988 All voted in favor. WAIVER OF PLAT - CLIFF ROAD PROPERTIES Chairman Pawlenty opened the next public hearing regarding the application for a waiver of plat in order to combine a portion or Cutlot B, Cliff Lake Centre Addition, with a parcel. (011-76) to the west located along the west sine of proposed Cliff Lake Road in the southwest quarter of Section 29 and the southeast quarter of Section 30. Assistant City Planner Sturm informed the Commission an application had been submitted requesting a waiver of Plat in craer to allow the conveyance of a land transaction. The site is locatea along the west side of proposed Cliff Lake Drive, north of Cliff Road. A 0.3 acre piece would be transrerred alone with a portion of vacated Rann Road to the 20 acre agriculturally -zoned parcel owned by Feceral Land Company. In exchanae, Federal Lana Company would grant a roacway easement for the Clift Lake Drive construction. Dedicated right-of-way would be required when the Federal Lana parcel develops. The developer was not present at the meeting and there were no public comments. Mr. Voracek asked what a Comprehensive Plan District was on the 0.3 acre piece. sir. Sturm stated it was PD/CSC-10. ;•1r. Voracek asked it it was zoned D-4. Mr. Sturm stated it was zonea R-3. Mr. Voracek stated that the two parcels are compatible. And as long as they are compatible, he has no problem with the waiver of plat. Voracek moved, Graves seconded, the motion to close the public hearing and approve the waiver of plat for Cliff Road Properties in order to combine a portion of Outlot B, Cliff Lake Centre Addition, with a parcel (011-76) to the west located along the west side of proposed Cliff Lake Road in the southwest quarter of Section 29 and the southeast quarter of Section 30, subject to the following conditions: 1. When Parcel 011-76 develops, the owner shall dedicate right-of-way for Cliff Lake Drive. 2. The 0.3 acre triangular piece created along with the vacatea portion of Rahn Road shall be combined with Parcel 011-76. All voted in favor. CEDAR CLIFF COMMERCIAL PARK 5TH ADDITION - FEDERAL LAND COMPANY Chairman Pawlenty convened the next public hearing regarding an application for a preliminary plat (re -plat) of 4.69 acres and two Page 27/CITY COUNCIL MEETING MINUTES August 2, 1988 b. Revise dr.ai.na.ge.;.;pl_ant.o eliminate proposed bituminous swales a ongthe:ea :terly and westerly sides of the pump islands:— c. slands•:c. Revise entrance drive widths into site to a 30' width. d. Construct concrete entrance aprons. All voted in favor. Egan moved, McCrea:seconde'd, the motion to approve a pylon sign for Yocum Oil Company onLot 5:::::Block 1, Thomas Lake Centre Adaition, subject to all appl icabl:e: Cityconditions. All voted in favor. WAIVER OF PIAT/ZEHNDEF:::;ACRES/VINCE KENNEDY City Administrator Tom Hedges stated a public hearing was held by the Advisory Planning Commission at their regular meeting on July 26, 1988 to consider Waiver of Plat for the conveyance or a land sale located on the north side of Lone Oak...Road just west of Pilot Knob Road for Vincent and Eilene Kennedy.+ fie APC recommended approval. City Planner Dale Runkle stated that on November 20, 1984, a preliminary plat for the;:Oakwood Addition, consisting of 14 single family lots on 7.5 acres, was.appr.oved by the City Council. The final plat was never completed. Ther'efdr:e a::.new preliminary plat will be required before any further subdivision occurs. The Waiver of Plat accurately reflects the design of the previously approved plat. A 30 foot easement along the east side of Lot 5 will provide access to the northern portion of the lot. One single family structure would be allowed on that area. If the platting procedure began again, it would become a dedicated street right-of-way. Mr. Runkle stated there are homes on Lots 4 and 5 and two:::an Loto the west. Parcel A on the north would contain 87,800quar.e: `fe-et and the existing home site (Parcel B) would contain4,000':$quare feet. Councilmember Egan asked ifthe easement would be vacated if there were another accessr::;:::;l .ur kl:e:stated this was a probability. Mr. Wachter asked what the distance was from Pilot Knob Road. Mr. Runkle stated 400 feet. Mr. Kennedy stated he agreed to all of the proposed conditions. Mr. Egan asked if 14r...K tnedy= :could interconnect with other developments. Mr. Colbert.::stated that:4t was not a possibility as the storm sewer was a hold-up:' Page 28/CITY COUNCIL MEETING MINUTES August 2, 1988 Egan moved, Wachter:,ge.condedth.e motion to approve the Waiver of Plat for Vincent Ei1ene Lot 5, Zehnaer Acres, subject to the following conditi"--- :: 1. A 30 foot driv044 easement along the east side of Lot 5 shall provide access to the newly created parcel. 2. Development is required to accept its additional assessment obligations as defined in the staff's report in accordance with the dimension as shown on the Waiver of Plat and the rates in effect at the time of the waiver. .•.•.•.• 3. The development:1s required to fulfill its monetary obligations to the City :::or:.poz::a4aiated with Project No. 445. All voted in favor. WAIVER OF PLAT FOR CLIFF ROAD PROPERTIES City Administrator Tom Hedges stated a public hearing was held by the Advisory Planning Commiss.iphtOconsider a Waiver of Plat for the Cliff Road Properties octer allow the conveyance of a land transaction. The APC recomM-,ehded approval. .•.•. City Planner Dale Ruri.ks:ta•ted the site is located along the west side of proposed Cliff LakDsi.e, north of Cliff Roaa. The 0.3 acre triangular piece would be tranttered along with a portion of vacated Rahn Road to the 20 acre agriculturally zoned Parcel 011-76 owned by Federal Land Company. In exchange, Federal Lana would grant a roadway easement over the Cliff Lake Drive construction. Dedicated right-of-way would be required when the Federal Land parcel develops. Egan moved, Gustafson.40Ondedthe motion to approve the Waiver Of Plat for Cliff Road Pr400.dEriect to the following conditions: 1. When Parcel 011-7edeveiciPs, the owner shall dedicate right-of-way for Cliff Lake.Drive.. 2. The 0.3 acre triangular piece created along with the vacated portion of Rahn Road shall be combined with Parcel 011-76. All voted in favor. HAUGE, EIDE &: KELLER, P.A. // 111ornew a1 .-Lua TOWN CENTRE PROFESSIONAL BLDG., SUITE 200 1260 YANKEE DOODLE ROAD EAGAN, MINNESOTA 55123-2201 (612) 456-900() FAX: (612) 454-4232 September 14, 1988 Thomas Hedges City administrator City of Eagan 3830 Pilot .:nob Road Eagan, 1.11\I 55121 RE: Vince Kennedy Waiver of Plat Dear nr. . Hedges: PAULH HAUGE 'N EIDE DAVID G KELLER LORI M BELLIN DEBRA E SCHMIDT THOMAS P LO'P/E It is our understanding that you have or will schedule a request by our clients, Vincent and Eileen Kennedy, for consideration in regard to assessments affecting Lot 5, Zender Acres, before the City Council. As you are aware, the City Council approved a Waiver of Plat of Lot 5 on August 2, 1988, subject to additional assessment obligations as defined in the staff's report. Those future. assessment obligations were both described as future projects involving trunk storm sewer in the amount of $5,831.00 and Lone Oak Road in the amount of $9,610.00. It is my understanding that since that time it's been determined that the rate that should have been applied to Lone Oak Road would have been half of the $48.05 per front foot, or $4,805.00. Mr. Kennedy is requesting that the City Council reconsider the imposition of these assessments for several reasons: 1. The assessments are for future projects that may or may not occur. 2. The Kennedys, residents of Eagan for over 30 years, purchased the property in question for the purpose of allowing their son to live in close proximity to their home. An assessment search of the property prior to purchase indicated a levy assessment of only $156.00 and no pending assessments. The Kennedys purchased the property in reliance on that information. 3. Certainly the upgrading of Lone Oak Road if it provides a benefit to the property will be assessable at that time. 4. The majority of the trunk storm sewer assessment would apply to the larger portion of the property that is as yet undeveloped and possibly could be assessed at the time that it is developed. Page 2 Thomas Hedges September 14, 1983 5. It is possible that the City's method of acquiring funds for trunk utilities may change in the future. Therefore, Vince and Eileen ;:ennedv respectfully request that the City Council not impose all or a majority of the future assessments described in the staff's report. Sincerely, HAUGE, EIDE a ELLER, P.A. David G. Keller DGK: cam cc: Vincent Kennedy Page 31/CITY COUNCIL MEETING MINUTES September 19, 1988 UPDATE/COMPREHENSIVE GUIDE PLAN City Administrator mom.:*Fledges :stated the City Council ana the Planning Commission has compieted an update of the Comprehensive Guide Plan, a process that ::beaan in December of 1985 ana was completed when an amendment was adopted January 27, 1987, by the Advisory Planning Commission. The amendment was submitted to the Metropolitan Council for their review. The item was reviewed by the Advisory Planning Commission at their August 30, 1988, meeting, however, no action was rdui rea. Councilmemter Gustayson stated there was an area of concern regarding the RB zoning or the Aetleford property on the east side of 35E. He questioned if the.. ratifying of the Ccmprenensive Guide Plan would preclude the City charigin.g>the:RB: zoning. Councilmember McCrea stated she felt the motion had excluded RB zoning. Mayor Ellison statea he was optimistic that the property would be gown -zoned as he had recently met with the owners. Egan moved, McCrea seconded, the motion to approve the adoption of the 1987 Comprehensive Guide PlanUpdate Amendment considering the revised commercial planned development- text and the incorporation of seven processed comprehensive:::guideplan amendments and the lana use plan map. All voted in favor. VINCE KENNEDY/WAIVER OF PLAT City Administrator Tem Hedges statea that the Kenneays, Vincent ana son Dave, purchased an adjacent lot to Vince Kennedy preaicatea on an assessment search that revealed an assessment levy of $156.00 with no pending assessments. A Waiver of Plat was requested for the parcel allowing son Dave to occupy the home and Vince to hold the remainder of the property._:;.2:1Yen th.e..:W iver of Plat was given consideration, assessment*er propaSed for trunk storm sewer and a previous Lone Oak Road irn rovemeht. Mr. Kennedy is objecting to the assessments. Mr. Hedges explained the objections Mr. Kennedy had in his September 14, 1988, Netter::to the City. Councilmember Wachter:: tated::::t:::would be hard for the City to swallow the assessments. Mayor Ellison questioned if these assessments were something that someone else in the City would not pay. Mr. Colbert stated no. Councilmember Egan stated he felt it was an appropriate time to assess. McCrea moved, Wachter :::seconded, ::::the motion to deny the request for waiving the assessments. as proposed tor Lot 5, Zenner Acres (Kenneay). All voted in favor. Agenda Information Memo November 1, 1988, City Council Meeting APPROVE FINAL PLAT/RAHN CLIFF 2ND ADDN B. Approve Final Plat - Rahn Cliff 2nd Addition --The staff has recieved an application for final plat approval for the Rahn Cliff 2nd Addition located south of C1,iff Road and west of I -35E as shown by the map enclosed on page l,j All conditions of the preliminary plat approval granted y Council action on September 13, 1988, have been satisfactorily complied with except for the amendment to the Planned Unit Development which is scheduled earlier on the Council agenda. If that item is approved, this final plat would be in order for favorable Council action. A11 other final plat application materials have been submitted, reviewed by staff and found to be in order. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Rahn Cliff Addition and authorize the Mayor and City Clerk to execute all related documents. �g3 Agenda Information Memo November 1, 1988, City Council Meeting APPROVE FINAL PLAT/RAHN CLIFF 2ND ADDN B. Approve Final Plat - Rahn Cliff 2nd Addition --The staff has recieved an application for final plat approval for the Rahn Cliff 2nd Addition located south of Cl f Road and west of I -35E as shown by the map enclosed on page (,' W. All conditions of the preliminary plat approval granted by Council action on September 13, 1988, have been satisfactorily complied with except for the amendment to the Planned Unit Development which is scheduled earlier on the Council agenda. If that item is approved, this final plat would be in order for favorable Council action. All other final plat application materials have been submitted, reviewed by staff and found to be in order. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Rahn Cliff Addition and authorize the Mayor and City Clerk to execute all related documents. RAHNCLIFF 1' 1 15 ! 5; 2 31 22 t ' 1 111 2 11 it ; • 31 Ji 37 13 11 311 • 11 1: ; 45! \ 1 , 12 11 t! r 51. • \.1- .54..7— -1 - CO 4: Agenda Information Memo November 1, 1988, City Council Meeting DAKOTA COUNTY HRA HOUSING REVENUE BOND APPLICATION FOR ALDEN PONDS TOWNHOMES C. Review and Comment/Housing Revenue Bond Application for Alden Ponds Townhomes--The City has received notification from the Dakota County HRA of an application for housing revenue bonds for the Alden Pond Townhome development at the southeast corner of Coachman and Four Oaks Roads. The County HRA will hear this issue on November 10. The application is for the County Housing Revenue Bond Program and does not involve the sale or use of City bonds. The City has an option to make comment either in favor of or in opposition to the application. The City may also,,choose to make no comment if appropriate. Attached on pages ',- i"?;, you will find a copy of the HRA notification and application. ACTION TO BE CONSIDERED ON THIS ITEM: To exercise the option to comment for or against the application for housing revenue bonds for Alden Ponds Townhomes or to make no comment. DAKOTA COUNTY A swamis I Ail 111 oram mom 111 110 Serving People and Communities October 19, 1988 Thomas L. Hedges, City Administrator Eagan City Hall 3830 Pilot Knob Road Eagan, MN 55122 DAKOTA COUNTY HOUSING & REDEVELOPMENT AUTHORITY 2496 - 145th STREET WEST ROSEMOUNT, MINNESOTA 55068 612-423-4800 RE: HOUSING REVENUE BOND APPLICATION FOR RENTAL TOWNHOUSES AT SOUTHEAST COACHMAN ROAD AND FOUR OAKS ROAD Dear Tom: I have enclosed a copy of an application submitted to the Dakota County HRA by the 2200 Limited Partnership. The developer is requesting the Dakota County HRA to issue Housing Revenue Bonds for the above referenced townhome development; they have not requested tax increment assistance from the HRA. At this time we are submitting the application to your office for review and comment. The developer has requested the Dakota County HRA to hold public hearing on this issue at their November 10th Board meeting. The City has an option as to whether or not they choose to comment; any comments received will be considered before approving the Housing Revenue Bond Program. It would be helpful for our planning purposes if you would either comment by November 10th or let us know what the City intends to do with respect to this proposal. Thank you for your assistance on this matter. Please contact me or Mark Ulfers with any questions. Sincerely, r, Kari Gill Deputy Director cc: Mark S. Ulfers, Executive Director, Dakota County HRA Jon Bentley, Developer Enclosure AN EQUAL OPPORTUNITY EMPLOYER" DAKOTA COUNTY HOUSING AND REDEVELOPMENT AUTHORITY MULTI -FAMILY REVENUE BOND APPLICATION 1988 * APPLICANT: 2220 Limited Partnership ADDRESS: Soo Line Building 105 S. 5th Street Minneapolis, MN 55402 PROJECT LOCATION: S/E Coachman Road & 4 Oaks Road CONTACT PERSON: Jon Bentley TITLE: PHONE NUMBER: (612 ) 341 - 0190 PROJECT NAME: Rental Townhouses Eagan, MN REVENUE BOND AMOUNT: 514,293,023.00 * PROJECT INFORMATION One Bedroom Two Bedroom Three Bedroom Parking Laundry RENT UNITS $ $ 420-/65 15/ $ 850 77— OPERATING EXPENSES: 26 % of Gross (Annual) TOTAL PROJECT COST: $ 14,293,023 DEVELOPER EQUITY: $ 1,429,298 (approx.) DEBT SERVICE: $ 1,138,440 *HARD COSTS: $ 10,470,533 (total constr. LAND VALUE: $ 987,200 SOFT COSTS: $ 2.835.290 costs) ANTICIPATED INTEREST RATES: AMORTIZATION SCHEDULE: IDB: 8 % 30 Year Amortization Schedule? If the project was conventially financed, what interest rate would Yes No (Circle One) you expect to pay: 11 % Other: 40 year *(Hard Costs are all project costs the IRS has determined to be eligible items for depreciation.) 2 SALES ASSUMPTION: Not determined. DEPRECIATION METHOD: Not determined. How many years do you plan to hold Years: 18 15 Other (Circle One) the property before you sell? Type:fraf ht Line.) Accelerated years. At what percent do you feel the Amount of Tota asis: $Not Determined value of the project will appreciate? EQUIPMENT: $215,000.00 of project cost are for equipment (e.g. washers/dryers) ACRS ON EQUIPMENT? Yes No (Circle One) Piot determined. ANTICIPATED INCREASES: ANTICIPATED VACANCY RATE: Revenue: 5 % per year Expenses: 4 % per year CONSTRUCTION SCHEDULE: First Year: After First Year: 5 Anticipated construction commencement date: January , 1989 Anticipated construction completion date: July, 1990 ADDITIONAL INFORMATION: The project will be insured under FHA's 221(d)(4) program. I certify that the information provided above is correct and contains no misrepresentations or falsifications, omissions or concealment of material facts and that the information given is true and complete to the best of my knowledge and belief. 2220 LIMITED PAR IMD!' HIP Signature E. Tec-Ypcn General Partner Title (/ Oct. 14, 1988 Date APPENDIX A 2220 Limited Partnership is the name of the partnership. It consists of six partners: Partner Kenneth J. Bureau Peter A. Hilger Thomas L. Klingen Gary E. Nordness Gregg W. Schneider E. Ted Yoch % General Partnership Interest 1.35% 1.35% 1.35% 1.35% 1.35% 3.50% 10.00% % Limited Partnership Interest O .0% O .0% O .0% O .0% O .0% 90.0% 90.0% Three of the partners, E. Ted Yoch, Kenneth J. Bureau and Gary E. Nordness are principals and shareholders of Rosewood Corporation. The remaining partners are principals of Rosewood Corporation. Rosewood Corporation has developed, owned and managed over 570 multi -family units. In addition, Rosewood Corporation has developed, owned and managed commercial and industrial properties over the past 21 years of business. APPENDIX B The General Partners of 2220 Limited Partnership are principals of Rosewood Corporation. Rosewood Corporation during its 21 years of business has developed more than 570 multifamily units. In addition, Rosewood Corporation has developed shopping centers, commercial and industrial building in Minnesota, Wisconsin, Arizona and Florida. Rosewood Corporation, through its wholly owned subsidiaries of Rosewood Construction, Rosewood Properties, Inc. (leasing), and Reliance Property Management have provided total development from construction through management for the principals. VA9 APPENDIX C Legal Counsel: James Stephen Faegre & Benson 2200 Norwest Center 90 South 7th Street Minneapolis, MN 55402 (612) 336-3164 Accountant: Steve Moosbrugger Deloitte Haskins & Sells 625 4th Avenue South Suite 1000 Minneapolis, MN 55415-1660 (612) 333-2900 Architect: Janis Blumentals Blumentals Architecture, Inc. 6860 Shingle Creek Parkway #205 Brooklyn Center, MN 55435 (612) 561-5757 Structural and Civil Engineer: Ulteig Engineering 8224 Olsen Memorial Highway Golden Valley, MN 55427 (612) 546-3333 HVAC and Plumbing Engineer: Culver Whitcomb 4437 Dunham Drive Edina, MN 55435 (612) 926-1310 Electrical Engineer: Cain Ouse Associates, Inc. Birch Lake Professional Building, Suite 116 1310 East Highway 96 White Bear Lake, MN 55110 (612) 426-9549 Contractor: Rosewood Construction, Inc. 1711 West County Road B Suite 300 South Roseville, MN 55113 (612) 636-8050 APPENDIX D 1. A purchase agreement has been executed between 2220 Limited Partnership, applicant, and Security Mini -Storage Company Limited Partnership, Seller, dated April 27, 1988. 2. The site is zoned R-3. 3. It is projected that 5 new employees will be added to staff: Rental Agent, Assistant Rental Agent, 2 Maintenance, 1 Staff Accountant. 4. Other financing, i.e. GNMA mortgage-backed securities, mini - perm construction loans; and mortgage participation programs have all been considered but are not feasible due to interest rate and financing costs. 5. The project has received Building Concept approval and Preliminary Plat approval. Final Plat approval will only be a consent item on the agenda of the City Council when we are ready for it. EXHIBIT A PROGRAM FOR THE CONSTRUCTION OF A MULTIFAMILY HOUSING DEVELOPMENT Pursuant to Minnesota Statutes, Chapter 462C (the "Act"), The Dakota County Housing and Redevelopment Authority (the "Authority") is authorized to develop and administer programs to finance the construction of multifamily housing developments under the circumstances and within the limitations set forth in the Act. Minnesota Statutes, Section 462C.07 provides that such programs for multifamily housing developments may be financed by revenue bonds issued by the Authority. The Authority has received a proposal that it approve a program providing for the acquisition of land and construction of approximately 213 rental apartment units ("Housing Units") by 2220 Limited Partnership, in which Jon Bentley is a general partner (the "Developer"), located in the City of Eagan, Minnesota (the "City") at the Southeast quadrant of the intersection of Coachman Road and 4 Oaks Road (the "Project"). The acquisition of land and construction of the Project is to be funded through the issuance of up to $13,000,000 in revenue bonds to be issued by the Authority (the "Bonds"). Following construction of the Project, the Developer will own and operate the Project as a multifamily residential rental project. Twenty percent (20%) of the units in the Project will be occupied by tenants whose incomes are not greater than fifty percent (50%) of the area median income (adjusted for family size) in accordance with the requirements of Section 142(d) of the Internal Revenue Code. It is estimated that initial rents for the Housing Units will range from $420 per month to $850 per month. The anticipated date of initial occupancy is June 1, 1990 The Authority, in establishing this multifamily housing program (the "Program"), ), has considered the information contained in the Authority's 462C Housing Plan (the "Housing Plan"). The Project will be constructed and financed pursuant to Subdivisions 1 and 2 of Section 462C.05 of the Act. Section A. Definitions. The following terms used in this Program shall have the following meanings, respectively: "Act" shall mean Minnesota Statutes, Section 462C.01, et seq., as currently in effect and as the same may be from time to time amended. "Adjusted Gross Income" shall mean gross family income less $750 for each adult (up to two adults) and less $500 for each other dependent in the family. "Bonds" shall mean the revenue bonds to be issued by the Authority to finance the Program. "City" shall mean the City of Eagan, Minnesota. "Developer" shall mean 2220 Limited Partnership, in which Jon Bentley is a general partner. "Housing Plan" shall mean the Authority's 462C Housing Plan, adopted pursuant to the Act. "Housing Unit" shall mean any one of the apartment units, each located in the Project, occupied by one person or family, and containing complete living facilities. "Land" shall mean the real property upon which the Project is situated. "Program" shall mean the program for the financing of the Project pursuant to the Act. "Project" shall mean the residential rental housing development consisting of approximately 213 Housing Units, expected to include 43 one - bedroom units, 114 two-bedroom units and 56 three-bedroom units, to be constructed by the Developer on the Land. Section B. Program For Financing the Proiect. It is proposed that the Authority establish this Program to provide financing for acquisition and construction of the Project at a cost and upon such other terms and conditions as are set forth herein and as may be agreed upon in writing between the Authority, the initial purchaser of the Bonds and the Developer. The Authority expects to issue the Bonds as soon as the terms of the Bonds have been agreed upon by the Authority, the Developer and the initial purchaser of the Bonds. The proceeds of the Bonds will be loaned to the Developer to finance the acquisition of the Land and the construction of the Project, to fund required reserves and to pay the costs of issuing the Bonds. It is expected that a trustee will be appointed by the Authority to monitor the construction of the Project and the payment of principal and interest on the Bonds. It is anticipated that the Bonds shall have a maturity of approximately forty (40) years and will bear interest at the rate of 8.00% per annum, however the Bonds will, of course, be priced to the market at the time of issuance. The Authority will hire no additional staff for the administration of the Program. Insofar as the Authority will be contracting with underwriters, legal counsel, bond counsel, the trustee, and others, all of whom will be reimbursed from bond proceeds and revenues generated by the Program, no administrative costs will be paid from the Authority's budget with respect to this Program. The Bonds will not be general obligation bonds of the Authority, but are to be paid only from properties pledged to the payment thereof, which may include additional security such as additional collateral, insurance or a letter of credit. Section C. Local Contributions To The Program. No other local contributions to the Project are contemplated. Section D. Standards and Requirements Relating to the Financing of the Proiect Pursuant to the Prosttram. The following standards and requirements shall apply with respect to the operation of the Project by the Developer pursuant to this Program: 2 \GO (1) Substantially all of the proceeds of the sale of the Bonds will be applied to the acquisition and construction of the Project and to the funding of appropriate reserves. The proceeds will be made available to the Developer pursuant to the terms of the Bond offering, which will include certain covenants to be made by the Developer to the Authority regarding the use of proceeds and the character and use of the Project. (2) The Developer, and any subsequent owner of the Project, will not arbitrarily reject an application from a proposed tenant because of race, color, creed, religion, national origin, sex, marital status, or status with regard to public assistance or disability. (3) No Housing Unit may be constructed in violation of applicable zoning ordinances or other applicable land use regulations, including any urban renewal plan or development district plan, and including the state building code as set forth under Minnesota Statutes, Section 16.83, et seq. (4) At least twenty percent (20%) of the Housing Units will be held for occupancy by families or individuals with gross income not in excess of fifty percent (50%) of median family income, adjusted for family size, in order to comply with Federal tax law requirements for the use of tax- exempt financing. This set aside will also satisfy the low-income occupancy requirements of Section 462C.05, Subdivision 2 of the Act. (5) Pursuant to Section 462C.05, Subdivision 2 of the Act, the Project shall be designed to be affordable by persons and families with Adjusted Gross Income not in excess of the greater of (a) 110 percent of the median family income as estimated by the United States Department of Housing and Urban Development for the Minneapolis-St. Paul standard metropolitan area or (b) 100 percent of the income limits established by the Minnesota Housing Finance Agency for the City and by other persons and families to the extent determined to be necessary by the Authority in furtherance of the policy of economic integration. Subsection E. Evidence of Compliance. The Authority may require from the Developer at or before the issuance of the Bonds, evidence satisfactory to the Authority of the ability and intention of the Developer to complete the Project, and evidence satisfactory to the Authority of compliance with the standards and requirements for the making of the financing established by the Authority, as set forth herein; and in connection therewith, the Authority or its representatives may inspect the relevant books and records of the Developer in order to confirm such ability, intention and compliance. In addition, the Authority may periodically require certification from either the Developer or such other person deemed necessary concerning compliance with various aspects of this Program. Subsection F. Issuance of Bonds. To finance the Program authorized by this Section the Authority may by resolution authorize, issue and sell its revenue bonds in an aggregate principal amount up to $13,000,000. The Bonds shall be issued pursuant to Section 462C.07, Subdivision 1 of the Act, and shall be payable primarily from the revenues of the Program authorized by this Section. The costs of the Project are presently expected to be as follows; 3 Land and Site Improvements Construction Construction Period Interest, Taxes and Insurance Design and Planning Expenses Financing. Fees $ 1,550,200 9,907,533 791,000 139,209 694,412 TOTAL $ 13,082,354 The costs of the Project may change between the date of preparation of this program and the date of issuance of the Bonds. The Bonds are expected to be issued in December of 1988 or January of 1989. Subsection G. Severabilitv. The provisions of this Program are severable and if any of its provisions, sentences, clauses or paragraphs shall be held unconstitutional, contrary to statute, exceeding the authority of the Authority or otherwise illegal or inoperative by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Subsection H. Amendment. The Authority shall not amend this Program, while Bonds authorized hereby are outstanding, to the detriment of the holders of such Bonds. Subsection L State Ceiling. $13,000,000 of the state ceiling for private activity bonds, pursuant to Section 146 of the Internal Revenue Code of 1986, as amended, and Section 474A.091, of Minnesota Statutes will be applied for with respect to the Bonds.