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03/05/1991 - City Council Regular r,• AGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING MARCH 5, 1991 6:30 P.M. • I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE) II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) IV. 6:55 - CONSENT AGENDA (PINK) e. 2— A. PERSONNEL ITEMS (1B. PROCLAMATION, National Telecommunications Week, April 14-20, 1991 C. LICENSES, Plumbers r � D. LICENSE, Tree Maintenance Contractor ( E. MASAC Alternate Representatives (q F. RESOLUTION, Dakota County Solid Waste Management Strategy Zy�1G. DONATION of Eagan Flag, LMC Functions �,Z`(H. CONSIDERATION of Negotiated Transfer of Park Property/Section 13 � I. RATIFICATION, 1991 General Fund Budget Adjustments ' J. DEVELOPMENT Agreement and Cooperation Agreement with Dakota County HRA Regarding v✓✓✓✓✓ Senior Housing/Park Center Addition C41 • VACATE Utility Easement, Receive Petition/Order Public Hearing (Lot 27, Block 3, P Eagandale Center Industrial Park No. 4) 1.4L. PROJECT 589R, Authorize Revision to Feasibility Report and New Public Hearing (Elrene Pt Road & Trails End Road - Streets & Utilities) (4�M. PROJECT 603, Authorize Feasibility Report (Wilderness Run Road - Upgrade) . N. PROJECT 608, Authorize Feasibility Report (Eagandale Center Industrial Park No 3 & 4 - 1;' A Overlay) L0. PROJECT 566, Present Final Assessment Roll/Order Public Hearing (Coventry Pass v Addition - Trunk Sanitary & Storm Sewer) �0 P. PROJECT 610, Receive Petition/Authorize Feasibility Report and Detail Plans/Specifications (Oaks of Bridgewater 2nd Addition - Streets and Utilities) P1 Q. CONTRACT 90-13, Approve Plans/Authorize Advertisement for Bids (Water Quality Pond JP- eb 67 and Effress Addition - Storm Sewer) ��U R. PROJECT 89-DD, Acknowledge Completion (Woodlands 3rd Addition - Streets & Utilities) 1 'IS. FINAL PLAT, Coventry Pass 3rd Addition re' V. 7:00 - PUBLIC HEARINGS (SALMON) 'OA. PROJECT 571, Final Assessment Hearing (Cray Addition - Trunk Storm Sewer) VI. OLD BUSINESS (ORCHID) A. EXTENSION, Preliminary Plat, Poppler Addition USG B. CONSIDERATION of Seneca Plant Development Agreement - Proposed Revision to Schedule Regarding Incinerator Odor Control Improvements �l.` C. AMENDMENT, Ordinance, Chapter 6, Other Business Regulation and Licensing, Section 6.44 1 • Pawnshops VII. NEW BUSINESS (TAN) f), (01 A. CONDITIONAL USE PERMIT, Elizabeth Westbrook, to Allow a Hair Salon in an R-1 (Single Family) District on Lot 12, Block 1, Duckwood Estates, Located Along Widgeon Way in the NE 1/4 of Sec 15 ‘ B. PLANNED DEVELOPMENT AMENDMENT and PRELIMINARY PLAT, West Publishing 5th Addition/West Qt‘ Publishing Co, Consisting of Three Single Family Lots on Approximately 4.3 Acres Located Along the East Side of Elrene Road in the SW 1/4 of Sec 13 j� C. COMPREHENSIVE GUIDE PLAN AMENDMENT, City of Eagan, to the Transportation Plan Element C• which Updates the Transportation Element of 1990 and which Revises the Transportation Element for Conformance with Metropolitan System Plans VIII. ADDITIONAL ITEMS (GOLD) IX. ADMINISTRATIVE AGENDA (GREEN) X. VISITORS TO BE HEARD (for those persons not on agenda) XI. ADJOURNMENT • MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: FEBRUARY 28, 1991 SUBJECT: AGENDA INFORMATION FOR A MARCH 5, 1991 CITY COUNCIL MEETING ADOPT AGENDWAPPROYE MINUTES After approval is given to the March 5, 1991 City Council agenda and regular meeting minutes for the February 19, 1991 meeting, the following items are in order for consideration. DEPARTMENT H B3'SIISS. ...........:...............:...................................................................:.:.. There are no items under Department Head Business. C Agenda Information Memo March 5, 1991 City Council Meeting There are nineteen (19) 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 from the Consent Agenda and placed under Additional Items unless the discussion required is brief. PERSONNEL ITEMS, A. PERSONNEL ITEMS: Item 1. Collective Bargaining Agreement/Police Officers & Investigators -- The City of Eagan and the Police Association bargaining unit negotiations for the 1990/1991 collective bargaining agreement had been scheduled to go to binding arbitration on February 27, 1991. As the Council is aware, negotiations for this contract began in the early fall of 1989. The City and bargaining unit were unable to reach agreement and the bargaining unit decided to certify with Law Enforcement Labor Services, Inc., as its representative in late spring of 1990. Negotiations began again during the summer. When agreement was not reached,the City and bargaining unit went to mediation during the late fall/early winter of 1990. No agreement was reached on the contract provisions and binding arbitration was certified by the mediator. However, in an effort to avoid binding arbitration, the City and unit have been discussing possible settlements since that time. The City Council was presented with a draft settlement proposal by the unit at a meeting held on February 19, 1991; and at that time,gave preliminary approval if the unit would also agree. The Police Association voted to approve the settlement proposal at their meeting of February 22, 1991. The settlement proposal presented to the Council at this time is the same as the one to which they gave preliminary approval and includes a 5.7%wage increase for 1990, a 4% increase for 1991 that includes a base wage adjustment for January 1, 1992, a contribution toward family health insurance premiums for those employees choosing such coverage of $245 in 1990 and $262.76 in 1991. These are the same health insurance contributions as are already received by non-collective bargaining employees, members of the clerical bargaining unit and members of the sergeants' bargaining unit. With the police contract settlement, the health insurance contributions will also become effective for the public works/park maintenance workers' bargaining unit for 1990 and for the dispatchers' bargaining unit for 1990 and 1991. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the bargaining agreement settlement with the Police Association for the 1990/1991 contract. Agenda Information Memo • March 5, 1991 City Council Meeting Item 2. Affirmative Action Plan — In 1988, the Minnesota Legislature passed a law which required cities in the state to have Affirmative Action Plans not only in place but also approved and certified by the State Department of Human Rights. In 1989, the City of Eagan developed and submitted such a plan which was subsequently certified by the state for a two-year period. During 1989,the legislature revised the Affirmative Action legislation to no longer require cities to have such plans or have the plans certified by the state. However, it was the decision of the City at that time to retain its present plan. It is now time to resubmit the City's Affirmative Action Plan to the State Department of Human Rights for recertification for a new two year period, if the Council so desires. . Assistant to the City Administrator Duffy has updated the plan. A c py of a memo from her regarding the items which were updated is attached on pages through (, for your information. A complete copy of the revised plan will e delivered with the Administrative Agenda packet on Monday. For the Council's information, the original hiring goals in the 1989 plan included meeting goals, if possible, of hiring minorities in the Management, Administrative Support and Protective Service job classifications and hiring females in the Technical, Groundskeeping/Forestry and Precision Tool Worker (Streets/Utilities Maintenance) job classifications. Statistics had indicated that these groups were underutilized in those job classifications. The City either met or exceeded all of the above goals with the exception of females in the Groundskeeping/Forestry and Precision Tool Worker classifications. However, the dates by which we hoped to meet the above goals have not yet been reached. The City will continue to attempt to attract qualified minority and female applicants for open positions in ill job classifications. ACTION TO BE CONSIDERED ON THIS ITEM: To approve submitting the updated City of Eagan Affirmative Action Plan to the State of Minnesota Department of Human Rights for recertification. . �3 MEMO TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR DUFFY DATE: FEBRUARY 27, 1991 SUBJECT: AFFIRMATIVE ACTION PLAN Background As you are aware, in 1988, the legislature of the State of Minnesota passed legislation which required municipalities to develop Affirmative Action Plans which then were required to be certified by the State Department of Human Rights. The City of Eagan did develop such a policy which was submitted to the department and which subsequently was certified in 1989 for a two- year period. It is interesting to note that during the legislative session of 1989, the provision requiring cities to have Affirmative Action Plans was repealed by the legislature. However, the City of Eagan decided to keep and follow its plan as a matter of City policy. It is now time to submit an updated version of the City's Affirmative Action Plan to the State Department of Human Rights for recertification. I have been updating the plan and it would be appropriate at this time to submit the updated plan to the City Council for their approval for submission for recertification. The original Affirmative Action Plan was quite comprehensive and the City has been following its requirements for the past two years. The items which needed to be updated were those sections dealing with the number of, sex of, job titles of and minority members of City employees in each department; the number of, sex of and minority members of job classifications in the City as a whole; and the goals section which deals with setting goals for achieving the elimination of any underutilization of either females or minorities as indicated statistically. Update When the original plan was developed back in 1988, there were a total of 141 permanent employees at the City of Eagan (using July 1, 1988 figures) . The updated version of the plan uses employee numbers as of January 1, 1991, at which time the City had 175 permanent employees. Please note that these figures are an actual employee count, not a "full-time equivalent" count. Part-time employees were and are counted as "one." Statistics regarding the availability of qualified female and minority persons for each job classification indicated that the City of Eagan "underutilized" minority persons in the Executive/Administrative/Managerial, the Administrative Support (Clerical) , and Protective Services (Police) job classifications and "underutilized" females in the Technician, Groundskeeping/Forestry (Park Maintenance) and Precision Production/Craft (Street/Utility Maintenance) job classifications. The City set "goals" or dates by which the elimination of that "underutilization" would be achieved. Those goal dates ranged in length from 1990 to 1992. Please note that these were "goals" which we would attempt to achieve and not either "quotas" which we would have to achieve or "limits" beyond which we would not attempt. to go. Interestingly, the City was able to achieve or exceed all its goals ahead of schedule during 1989 and 1990, with the exception of females in the Parks and Streets/Utilities job classifications. Because the number and types of employees' have changed with the amount of hiring done (during 1989 especially) and with various reorganizations during the past two years, the effects of comparing statistical availability to actual employees have also changed. The updated figures for the City indicate only four instances of "underutilization" which the City will attempt to eliminate by attracting qualified female and minority applicants for any available positions. However, because of the current budget constraints and the City's extremely low turnover figures, there may not be very many job openings during the next year or so. This will affect the dates which we set for the times by which we hope to meet our goals. The four instances of "underutilization" include one female and one minority (or one female minority) in the Technician job classification (Building Inspectors, Engineering Techs, etc. ) and one female each in the Parks Maintenance and Streets/Utilities Maintenance Worker job classifications (still remaining from the 1989 goals) . Considering the lack of openings which the City anticipates for these positions, a realistic date for attempting to achieve the City's goals to eliminate the above underutilization would be 1993 at the earliest. Attached to this memo, please find a copy of the "Availability/Utilization/Underutilization" table from the updated Affirmative Action Plan. A copy of the updated plan as a whole is currently being typed and should be available for distribution to the Council with the Administrative Agenda Packet on Monday, March 4, 1991. If you require any further information at this time, please contact me. lAttA 1J•ItS Assistant to the 'ty Administrator Attachment W 2 0 O O O O O O CO W N_ § J .Mf O N N � • g o o o J • • • o' • • 0 • mt J W ii. - •1 O N O O IBS ▪ I• mm O O O O O O N LU 3 IA H Q Q O O Q 1 p• 2 it O O O O . ` = F f Z 2 2 I, O O N O O O J W •<og ws N H K G O O Ir. O O O r- .- 8 U. J O r- 2 W 0 2 A MM W C y # N �t . O CO W• tH J K • O O O O O O O O < N m �C '• IA 0 r t m •0 LLI Y < .O M M M d O O' O = F� '• •r CO UJ H p pp 00 p p l's O N ••J < 2 • N O - 0 �O •o O O O> N < ` = K <O 4 N r N I 0 0 H J W N O < H N o -a d CO 1. v. M N p, H N .# d ••• N 2 O az •-• < W N W 2 CO J • IC :117C s y 2 ~ • W < g tW aJ▪.CO • _ v CCC»> < .7 J• II wF! W ` •0 pp0 ;:f; .V. y Ci y 0 y ti O gW s 2_ gW m 3 Li UJ CO . Agenda Information Memo March 5, 1991 City Council Meeting Item 3. Hepatitis B Agreement/City of Bloomington -- Pursuant to OSHA regulations, on December 18, 1991, the City Council passed a Hepatitis B Vaccine Policy wherein the City of Eagan would sponsor and pay for vaccine for persons who may be at risk of acquiring Hepatitis B due to their job responsibilities (sworn police officers, utility maintenance workers and volunteer fire fighters). In order to reduce the cost of the vaccinations,the City of Bloomington through its health department has agreed to purchase the vaccine in bulk and to vaccinate the appropriate employees of approximately 24 municipalities in the Metro area. Before this can be don it is necessary for the City of Eagan to approve the agreement attached on pages through (d . ACTION TO BE CONSIDERED ON THIS ITEM: To approve the Hepatitis B provision agreement between the City of Eagan and the City of Bloomington. • AGREEMENT BETWEEN THE CITIES OF BLOOMINGTON AND City of Eagan FOR PROVISION OF HEPATITIS B VACCINE This Agreement made this 5th day of March 1991, by and between the City of Bloomington ( "Bloomington") and the City of Eagan ( " Eagan WHEREAS, Hepatitis B is an infection of the liver caused by the hepatitis B virus; and WHEREAS, each year approximately 300,000 persons in the United States are, afflicted with hepatitis B, more than 10,000 persons require hospitalization and an estimated 250 people die from the disease; and WHEREAS, persons who may be at risk of acquiring hepatitis B due to their job responsibilities include such governmental employees as nurses, paramedics, law enforcement personnel, and firefighters; and WHEREAS, a key strategy for preventing the spread of hepatitis B is to vaccinate individuals with a high risk of infection; and WHEREAS, Bloomington, through its Division of Public Health, has agreed to vaccinate employees of approximately 24 municipalities in order to minimize infection with hepatitis B; NOW, THEREFORE, the parties hereto, in consideration of the convenants thereinafter set forth, agree as follows: 1 . Bloomington, through its Division of Public Health, will administer the Hepatitis B vaccine to any employee of Eagan who consent to be vaccinated. Each employee requesting immunization shall be required to sign a t -2- Consent Form, which is attached hereto and marked Exhibit A, prior to being vaccinated. 2 . Bloomington shall administer three (3) separate vaccines for each Eagan employee. 3. Eagan shall pay Bloomington the sum of One Hundred and Forty Dollars ($140.00) for each employee consenting to be vaccinated. On or before a date to be determined by Bloomington, Eagan shall remit to Bloomington the total amount of compensation from all employees of Eagan who have consented to be vaccinated. It is understood and agreed that such compensation from all employees of Eagan who have consented must be paid prior to Bloomington dispensing the vaccine. 4 . Bloomington will conduct the vaccination program at ten to fifteen (10-15) separate clinics. Bloomington shall inform Eagan of the location of each clinic and provide a schedule for administration of the vaccine. 5 . Bloomington shall provide to Eagan a report confirming that the consenting employees of Eagan received the Hepatitis B vaccine on three separate occasions . 6 . It shall be the responsibility of Eagan to insure that its employees requesting immunization utilize the available clinics at the designated times. Bloomington shall not refund any payments to Eagan for employees who are not vaccinated because they failed to appear at a clinic during the times when the vaccine was being administered. -3- 7. Eagan shall indemnify and hold harmless Bloomington, its officials, agents and employees, from and against all claims, damages, losses and expenses arising out of or resulting from administration of the Hepatitis B vaccine pursuant to this Agreement. CITY OF BLOOMINGTON By: . Its Mayor By: • Its Manager CITY OF Eagan By: Its Mayor By: Its Clerk tO Agenda Information Memo March 5, 1991 City Council Meeting NATIONAL TELECOMMUNICATIONS WEEK PROCLAMATION B. Proclamation, National Telecommunications Week, April 14 - 20, 1991—Enclosed on page l is a resolution proclaiming the week of April 14 - 20, 1991 as National Telecommunications Week for your consideration. The proclamation recognizes the work of public safety dispatchers and telecommunicators for their dedication and integral role in the provision of police, fire and emergency medical services in Eagan and throughout the nation. By extension, it recognizes the City of Eagan dispatch personnel who work in concert with our other public safety personnel to maintain the health, safety and welfare of Eagan residents with efficiency, skill and professionalism. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a resolution designating the week of April 14 - 20, 1991 as National Telecommunicators Week. CITY OF EAGAN RESOLUTION DESIGNATING THE WEEK OF APRIL 14-20, 1991 AS NATIONAL TELE-COMMUNICATORS WEEK WHEREAS, thousands of dedicated telecommunicators are working twenty four hours a day in the United States answering calls for police, fire and emergency medical services by dispatching appropriate assistance as quickly as possible; and WHEREAS, the critical functions performed by professional telecommunicators include those related to law enforcement services as well as operations performed by federal, state and local government agencies; and WHEREAS, professional dispatchers are always working to improve the emergency response capabilities of communication systems by participation in training programs; and WHEREAS, the Associated Public Safety Communications Officers, Inc. , A.P.C.O. , an organization of over 8,500 people, has set aside the second week in April to recognize telecommunicators and their crucial role in the protection of life and property; THEREFORE, BE IT RESOLVED that the Eagan City Council hereby designates the week of April 14-20, 1991 as "National Telecommunicators Week" in honor of Public Safety Dispatchers and Telecommunicators, recognizing the vital contribution they make to the safety and well being of all our citizens. CITY OF EAGAN CITY COUNCIL By: • Its Mayor Attest: Its Clerk Motion made by: Seconded by: Those in favor: Those against: CERTIFICATION I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 5th day of March, 1991. E. J. VanOverbeke, City Clerk t Agenda Information Memo March 5, 1991 City Council Meeting PLUMBERS LICENSES C. Licenses, Plumbers--The City Code requires that all plun4,ers operating in the City of Eagan be licensed on an annual basis. Enclosed on page /,‘ is a list of plumbers whose applications are in order for consideration by the City Council at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the plumbers licenses as presented. • �C/ PLUMBERS LICENSE 1. Fi v MARCH 5, 1991 e Star Plumbing, Inc. 2. Groth Sewer & Water 3. Northern Plb g' & Heating 4 • O1Berg Construction 5• Salzer Plumbing 6. Widmer, Inc. Agenda Information Memo March 5, 1991 City Council Meeting TREE MAINTENANCE CONTRACTOR LICENSE D. License, Tree Maintenance Contractor—The City Code requires that tree maintenance contractors operating in the City of Eagan be licensed on an annual basis. Enclosed on pages /(o through (-7 is an application from S & S Tree Specialists, Inc., which is in order for consideration by the City Council at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the tree maintenance contractor license for S & S Tree Specialists, Inc., for 1991 as presented. fS City of Eagan Fee: $25.00 3830 Pilot Knob Road APPLICATION FOR LICENSE License year 19 91 Eagan, MN 55122-1897 TREE MAINTENANCE CONTRACTOR (renewal ) For individual,partnership or corporation who cut, trim, prune, remove, spray or treat trees. S & S Tree Specialists, Inc hereby make application for a TREE MAINTENANCE CONTRACTOR license for the year 19 91 from the City of Eagan. OWNER: Steve Sylvester (President) ADDRESS: 1 Oakridge Dr. (street) So. St. Paul, MN 55075 (city) (state) (zip) BUSINESS NAME S & S Tree Specialists. Inc. ADDRESS: 6214 Concord Blvd. (street) Inver Grove Heights. MN 55076 (city) (state) • (zip) EMPLOYEES PERFORMING TREE MAINTENANCE: • Name: Jay Paul Benbo (first) (middle) (last) Name: Robert Stanley Benbo (first) (middle) (last) Name: Kevin Francis Benbo (first) (middle) (last) Name: Tim S. Losen (first) (middle) • (last) (ATTACIH ADDITIONAL NAMES) VEHICLES USED FOR TREE MAINTENANCE 88 Ford YU74415 (name) (year) (make) (model) (license number) 75 Ford YU40956 (name) (year) (make) (model) (license number) 89 Ford YU77500 (name) (year) (make) (model) . (license number) (ATTACH ADDITIONAL VEHICLE INFORMATION) EQUIPMENT USED FOR TREE MAINTENANCE: (e.g., stump grinder, brush clipper, chainsaws, sprayer, etc.) Vermeer 665 Stumpgrinder. Eager Beever Brush Chipper. 12 Steel chainsaw, (name) (function) Warner Sprayer (name) (function) (ATTACH ADDITIONAL EQUIPMENT INFORMATION) / 6 • REFERF.NCFS OF PREVIOUS CLIENTS: City of So. St. Paul 125 3rd Ave. N. . So. St. Paul. MN 55075 455-2249 (name) (address) (phone #) City of Inver Grove Heights, 8150 Barabara Ave. IGH, MN 55077 457-2111 (name) (address) (phone #) REQUIRED DOCUMENTATION: 1. Liability insurance in the following amounts: (current policy expires " $100,000 for bodily injuries to one person 4-10-91) from one accident. " $300,000 for injury of two or more persons * $200,000 for damage or destruction of property Insurance may not be canceled by insurer unless there is 10 days written notice to the city. If insurance is canceled, licensee must replace with another policy which conforms to ordinance requirements. The license is suspended until insurance is replaced. 2. Surety bond in the amount of$2500 naming City as (current bond expires bondholder. 8-10-91) 3. Worker's compensation insurance certificate - when such insurance is required by state statute. (current policy expires 3-29-91) 4. Certification by Agronomy Division of Minnesota Department of Agriculture as a Commercial Pesticide Applicator must be provided by the applicant or employee admini 'ng chemical substances. (certification expired 12-90) • SIGNA 'AI OF APPLI / President February 10, 1991 (signature (title) (date) OFFICE USE: • Date Paid: .1 .] / I Amount received: -‹ c c Receipt #: / -11(• ! City Council Approval: (date) ( Agenda Information Memo March 5, 1991 City Council Meeting MASAC ALTERNATES E. MASAC Alternate Representatives--In action taken at its meeting of Tuesday, February 12, 1991, the Eagan Airport Relations Committee recommended that the City Council consider Larry Alderks and Jon Hohenstein as the MASAC alternate representatives for 1991. Dustin Mirick was previously appointed as the City's regular MASAC representative and will serve through the end of 1991. The Committee continues to support the City's position that citizen representatives play a primary role as MASAC representatives. They also recommend the addition of one staff representative as alternate to ensure continuity in the event that all other representatives are absent. The cities of Bloomington, Richfield and Mendota Heights have utilized staff members as MASAC representatives or alternates for several years. ACTION TO BE CONSIDERED ON THIS ITEM: To appoint Larry Alderks and Jon Hohenstein as the City's MASAC representatives through appointment of successors in 1992. • Agenda Information Memo March 5, 1991 City Council Meeting RESOLUTION CONCERNING DAKOTA COUNTY SOLID WASTE MANAGEMENT STRATEGY F. Resolution, Dakota County Solid Waste Management Strategy—In action taken at its Tuesday, February 19, 1991 meeting, the City Council took an action to reiterate its resolution of February 20, 1990 relative to Dakota County's solid waste management strategy with certain modifications. 'q,ose modifica 'ons have been incorporated into the resolution which is enclosed on pages 7 Z) through ( for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the resolution concerning Dakota County's solid waste management strategy as presented. • 1 CI CITY OF EAGAN RESOLUTION CONCERNING PROPOSED DAKOTA COUNTY RESOURCE RECOVERY FACILITY WHEREAS, Dakota County is responsible under Minnesota Statute to develop a comprehensive solid waste management strategy, and WHEREAS, such strategies are required by statute to include, waste reduction, reuse, recycling, yard waste management and waste processing components, and WHEREAS, Dakota County has adopted a solid waste management strategy consisting of waste reduction, reuse, recycling, yard waste composting, and waste processing components; and WHEREAS, Dakota County has expressed an intention to undertake the construction of a resource recovery (mass-burn) facility to meet the statutory requirement for waste processing, and WHEREAS, the combustion of waste raises obvious issues of environmental concern with potential ramifications for the health, safety and welfare of Dakota County residents including citizens of Eagan, NOW, THEREFORE, BE IT RESOLVED that the City of Eagan strongly urges that, if prudent and feasible alternatives are available, they be strongly considered before construction of a resource recovery facility and that the Dakota County Board of Commissioners maximize the use of more environmentally sound alternatives, including education, promotion of waste reduction, reuse, recycling, composting of all organic materials and the reduction and safe disposal of hazardous wastes, both residential and commercial, and BE IT FURTHER RESOLVED that the City of Eagan reiterates its position that any strategy implemented by Dakota County be designed to permit incorporation of a centralized separation component to complement reduction and source-separation recycling strategies and to maximize the removal of recyclables and hazardous wastes from the waste stream thereby mitigating the potential for incomplete incineration of hazardous materials, and BE IT FURTHER RESOLVED that the City of Eagan encourages Dakota County to study and carefully consider the costs and benefits of mandatory recycling of all potentially recyclable materials, if such mandate will increase program participation, increase recyclable recovery rates and reduce the volume of municipal solid waste generated within the 'County, and BE IT FURTHER RESOLVED that, if Dakota County implements mass-burn as its waste processing technology, the City of Eagan • aD 1 strongly urges the use of the safest and most state of the art technology to minimize environmental impacts including procedures for constant monitoring of the operations to detect and mitigate impacts of any malfunctions, and BE IT FURTHER RESOLVED that, if environmental standards at such a facility are not met, the City of Eagan insists that procedures be in place to insure prompt and effective action to correct the situation and prevent any reoccurrence. CITY OF EAGAN CITY COUNCIL By: • Its Mayor Attest: Its Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: March 5, 1991 CERTIFICATION I, E.J. VanOverbeke, Clerk of the City of Egan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 5th day of March, 1991. E.J. VanOverbeke, City Clerk City of Eagan Agenda Information Memo March 5, 1991 City Council Meeting EAGAN FLAG DONATION/LEAGUE OF MINNESOTA CITIES, G. Donation of Eagan Flag, LMC Functions--Enclosed on page 023 you will find a memorandum from Administrative Assistant Witt relative to a request by the League of Minnesota Cities for donations of City flags to be used at League functions including the annual conference in Rochester this June. The purpose of the donation would be to permit processions or displays of flags during League activities. It is anticipated that one flag could be used for many years and, therefore, this would not be an ongoing expense to the City. The League is enjoying substantial participation in this program from cities throughout the state of Minnesota and would appreciate Eagan's participation as well. City flags cost approximately $75 - 80. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the donation of an Eagan City flag to the League of Minnesota Cities. ICI February 19, 1991 TO: CITY ADMINISTRATOR HEDGES FROM: ADMINISTRATIVE ASSISTANT WITT RE: DONATION OF EAGAN FLAG TO BE USED AT LMC FUNCTIONS Mayor Chuck Hazama of Rochester, has requested that cities donate one of their flags to be used at opening ceremonies at the LMC annual conference in Rochester in June. After the parade of flags, the flags would then be hung in the civic center for the duration of the conference. All flags would remain in the custody of the League to be used for future conferences or other appropriate occasions. ACTION REQUESTED: Approve the donation of an Eagan flag to the League of Minnesota Cities. a3 Agenda Information Memo March 5, 1991 City Council Meeting NEGOTIATED TRANSFER OF PARK PROPERTY H. Consideration of Negotiated Transfer of Park Property/Section 13—In the course of platting West Publishing 4th Addition, an agreement was negotiated between the City and West Publishing to transfer a small triangular parcel associated with Wescott Station Park to West Publishing in exchange for easements to the City reservoir on Yankee Doodle Road. For ad itional information in this regard, please refer to the information enclosed on pages S through fg 1 for your review including memoranda and correspondence from the Community Development Department and City Attorney's office. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the negotiated transfer of park property as described and authorize the execution of the quit claim deed in this regard. 3 M E M O R A N D U M TO: TOM HEDGES, CITY ADMINISTRATOR DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR FROM: JIM STURM, CITY PLANNER DATE: FEBRUARY 27, 1991 RE: TRANSFER OF PROPERTY TO WEST PUBLISHING Throughout the platting process for the West Publishing 4th Addition, there was a mutual agreement between the City and West Publishing that a small triangular portion of Wescott Station Park would be deeded to West Publishing. In return, the City would receive easements to allow access to the water reservoir along the south side of Yankee Doodle Road from the internal West Drive. During the platting process, the County restricted direct access to that area from Yankee Doodle Road. This easement will provide a safer access to the City facility. The original deed is in the City's possession and will be forwarded to West Publishing after City Council action. Attached is a survey highlighting the area to be transferred. If you would like additional information on this item, please advise. City Planner JS/js CC: Mr. Harry Gallaher 200 Washington Square 100 Washington Avenue So. Minneapolis, MN 55401 January 16, 1991 Mr. Ken Vraa Director of Parks and Recreation City of Eagan 3830 Pilot Knob Road P.O. Box 21199 Eagan, MN 55121 RE: West Publishing 4th Addition Our File No. : 206-7899 Dear Ken: Enclosed please find a Quit Claim Deed from the City to West Publishing. This deed transfers a small corner of City property to West Publishing. It is my understanding that this transfer was negotiated with the involvement of the Parks Department. Could you please arrange to have the Council approve this land transfer. Bruce Allen has reviewed the legals and finds them in order. Upon execution by the City, the deed can be returned to me for delivery to West Publishing. Please contact me with any questions or concerns. Sincerely, SEVERSON, WILCOX & SHELDON, P.A. Joseph P. Earley JPE/djk cc: Bruce Allen, Public Works Department a c� October 9, 1990 Mr. Harry Gallaher Attorney at Law 200 Washington Square 100 Washington Avenue South Minneapolis, MN 55401 RE: City of Eagan/West Publishing 4th Addition Our File No. 206-7899 Dear Mr. Gallaher: Pursuant to our discussions of the past week, enclosed please find a copy of the application for the street name change as required by the City of Eagan. It is my understanding that you will be reviewing this matter to determine whether or not you wish to request the City to change the name of Becker Street. For authority on the City's ability to rename the street, see Minnesota Statutes §412. 221, subd 18 . Also enclosed for your review, please find a copy of the Quit Claim Deed for the portion of the park property which is located within the West controlled property of West Publishing 4th Addition. This deed has been forwarded onto the City and will be a part of the Council agenda in the near future. If you have any questions or concerns, please feel free to be in contact with me. Sincerely, SEVERSON, WILCOX & SHELDON, P.A. Michael G. Dougherty MGD/djk Enclosure cc: Mr. Dale Runkle Mr. Tom Hedges MOMISIM Form No.31-M—QUIT CLAIM DEED Minnesota Uniform Conveyancing Blanks(1975) Mille.-Oavis Co.Minoeapous Corporation or Partnership to Corporation or Partnership No delinquent taxes and transfer entered;Certificate of Real Estate Value ( )filed ( )not.required Certificate of Real Fstatc Value No. --- -- —,19— — County Auditor by --- — — —-- — ---Deputy I STATE DEED TAX DUE IiE;REON: $ Date:-- _---- , 19 91_ (reserved for recording data) FOR VALUABLE CONSIDERATION, City of Eagan ,a municipal corporation under the laws of Minnesota ,Grantor,hereby conveys and quitclaims to West Publishing Company — ------- ,Grantee, a corporattion under the laws of Minnesota ,real property in County,Minnesota,described as follows: That part of Section 13, Township 27, Range 23, Dakota County, Minnesota, described as commencing at the West Quarter corner of said Section 13; thence South 2 degrees 46 minutes 19 seconds East, assumed hearing, along the west line of said Section 13, a distance of 482.56 feet to its intersection with the north line of the south 840.00 feet of the North Half of the Southwest Quarter of said Section 13; thence North 88 degrees 25 minutes 09 seconds East, along said north line of the south 840.00 feet of the North Half of the Southwest Quarter of Section 13, a distance of 2047.53 feet to its intersection with the east line of said Southwest Quarter of Section 13; thence North 88 degrees 25 minutes 05 seconds East along the north line of the south 840.00 feet of the North Half of the Southeast Quarter of said Section 13, a distance of 63.04 feet to the point of beginning of the property to be described; thence continuing North 88 degrees 25 minutes 05 seconds East, along the last described line a distance of 166.38 feet; thence North 42 degrees 09 minutes 12 seconds West a distance of 256.69 feet; thence South 1 degree 45 minutes 01 seconds East a distance of 194.99 feet to the point of beginning. See also Exhibit A attached (it more space is needed,continue on back) hereto. together with all herodilaments and appurtenances belonging thereto. City of Eagan By Its Mayor By Its City Clerk STATE OF MINNESOTA SS. COUNTY OF T.,AKCrrn The foregoing was acknowledged before me this day of ,19 91 , by Thomas A. Egan and E. J. VanOverbeke the Mayor and City Clerk of City of Eagan ,a municipal corporation under the laws of Minnesota ,on behalf of the corporation NOTARIAL STAMP OR SEAL(OR OTHER TITLE OR RANK) SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT Tex Statements for the real property described In this instrument should be sent to(Include name and address of Grantee): West Publishing Company 3773 Highway 149 Eagan, MN 55123 THIS INSTRUMENT WAS DRAFTED BY(NAME AND ADDRESS): SFVERSON, WILCOX & S11Fi.))ON, P.A. 600 Midway National Rank Building 7300 West 147th Stre^t Apple Valley, MN 50121 (61? 432-3136 Mr1D'pr-t, 20(--7e9? 2 ( , • . . . S'". '•., 0.•1 , ...,-,x" ' . o. 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CRE§-- ---- ..1 ; ' - !: ...), 1 co 0 )11 'y Exhibit A I n " , ,-) ,--.1.._, West Publishing Company 3773 Highway 149 i Eagan, MN 55123 TIMINSTRUMENTWASDRAFTEDBY(NAMEANDADDRESS)d SEVEPSON, WILCOX & SHELDON, P.A. 600 Midway N,,)tional l' nk Building 7300 West 147th Street Appin Val 1y, MN 553,74 ((-12) 432-.31 36 1 M(7/6::--r) 207-7199 ( :1 I Agenda Information Memo March 5, 1991 City Council Meeting RATIFICATION 1991 GENERAL FUND BUDGET ADJUSTMENTS I. Ratification, 1991 General Fund Budget Adjustments—At its workshop meeting of February 26, 1991, the City Council reviewed recommended adjustments to the General Fund operating budget in the amount of $171,160. Additional information relative to the specific line-items affected by these adjustments is included in the staff memorandum which is enclosed on pages `. l through for your review. These adjustments were made necessary by the reduction in the homestead and agricultural credit aid passed by the Legislature as a means of reducing the State revenue shortfall. It is anticipated that additional adjustments will be necessary in the future as a consequence of Governor Carison's proposed budget bill for fiscal 1992-93. ACTION TO BE CONSIDERED ON THIS ITEM: To ratify the 1991 General Fund budget adjustments as presented. ATTACHMENT I MEMO TO: ALL DEPARTMENT HEADS FROM: CITY ADMINISTRATOR HEDGES DATE: FEBRUARY 20, 1991 SUBJECT: BUDGET REDUCTIONS/FEBRUARY 1991 The Director of Finance has verified the February 99 ry 1 1 HACA reduction with the Department of Revenue which is now estimated at $210,038. The general fund reduction is 79.9 percent while the debt levy, major street fund and equipment revolving fund combined is 20.1 percent. The amount to be reduced in the general fund is therefore $167,820. • The budget adopted by the City Council at the December 18, 1990 City Council meeting for the general fund was $11,109, 160. The revised budget with the following changes becomes $10,957,840, which is 1.8 percent greater than the 1990 budget. This would be the spending allocation for the remainder of 1991, with no further reduction by the State Legislature. The following is an approach to adjusting the 1991 budget which considers several positions, including the following: Administrative Intern Position - $19,100 Community Development Intern Position - $19,100 Contractual Inspectors (reduction from $100, 000 to $80,000) - $20,000 Fire Chief Position - $62,840 Public Works/Engineering Watershed Management - $10,600 Parks & Recreation Intern Position and part-time seasonal - $23 . 020 Total Reduction $154,660 Increase in Park Revenues + S 16.500 Total Adjustments ,5171.160 This approach to the budget adjustment eliminates further reduction of line item operating expenses, allows the City to proceed with some much needed capital improvements to the municipal center building that are budgeted under Community Development and allows the City to continue the delivery of City services with the least amount of obvious disruption. This budget reduction does not include any cost adjustment for Police, which is consistent with the City Council 's priority to continue a strong allocation of resources for the health, safety and welfare as well as public education, such as the DARE program. This budget reduction scenario is obviously not an across the board percentage reduction by department and may seem unfair at first glance. However, it has other advantages. Z71 Unfortunately, having heard Governor Carison's State of the Budget message, it is anticipated that additional spending reductions will be necessary prior to the conclusion of calendar year 1991. Governor Carlson's message sent mixed signals to City governments, especially when the points were made that the State will: 1) reduce State mandates, 2) remove levy limits, 3) allow local tax options and 4) target spending. Then, he proceeded to state that an additional reduction in State aid to municipalities will reduce the current state aid distribution by several hundred thousand dollars by the end of '91. It is difficult, until the proposed budget is analyzed by the League of Minnesota Cities and further reviewed by the Legislature, to know exactly what will occur in the remainder of 1991. The aforementioned budget adjustment, which requires a reduction in the reliance on personnel, seems to be reasonable and positions the City to retain more options in dealing with the results of the Governor's new budget. It is becoming increasingly clear that this next round of adjustments will have a material effect on service deliveries and will require a City-wide approach more than a comparison of one department to the next. Line item reductions in appropriations such as electricity, motor fuels, repairs, etc. where there will be only limited ability to control expenditures will probably not be adequate. A comprehensive City-wide service delivery review across all departments will probably need to be undertaken and adjustments made on the basis of service delivery priorities, which are obviously public policy decisions. Please review the adjustment , proposal for the February HACA • reduction as well as the prospects for additional adjustments and make any suggestions. • • City Administrator TLH/vmd 3D, Agenda Information Memo March 5, 1991 City Council Meeting DAKOTA COUNTY HRA/SENIOR HOUSING AGREEMENTS J. Development Agreement and Cooperation Agreement with Dakota /County HRA Regarding Senior Housing/Park Center Addition—Enclosed on pages �` through is a copy of the development agreement and cooperation agreement relative to the City's Senior Housing Project being developed in cooperation with the Dakota County Housing Redevelopment Authority. The agreements have been drafted by the City Attorney's office and reviewed by the HRA and Community Development Department. If,upon review, the Council finds these agreements to be in order, it would be appropriate to direct their execution to permit commencement of this development. In addition, the Community Development Department is requesting Council direction with respect to application and processing fees as well as requirements for park dedication,water quality fees and other fees related to the provision of City services which are typically collected at the time of platting. Since this facility is under the auspices of the Dakota County HRA operating on behalf of the City, it may be considered a public facility in the same sense as City buildings would be. If any fees are to be waived or modified, it would be appropriate for Council to direct staff to develop findings relative to the public purpose and uniqueness of this project and its justification for such modifications and direct preparation of a resolution encompassing those findings for Council approval. ACTION TO BE CONSIDERED ON THIS ITEM: 1)To approve or deny the development agreement by and between the City of Eagan and the Dakota County HRA relative to the Senior Housing Project at Park Center Addition, 2) to approve or deny the cooperation agreement by and between the City of Eagan and the Dakota County HRA relative to the same matter and 3) to provide direction to City staff relative to application, processing and development fees for the Senior Housing Project. PCY )1Ct ivt(7tAZ , • JL( DEVELOPMENT AGREEMENT This Agreement is made and entered into this day of , 1991, by and among THE DAROT COUNTY HOUSING AND REDEVELOPMENT AUTHORITY ("DCHRA") , a publi •Oy politic and corporate, and THE CITY OF EAGAN ("City") , a • � �• - corporation organized and existing under the laws of the State �� •--ota. dr WHEREAS, DCHRA is in the process of developing and rrying out a development within the City, which will result in the construction of a 65-unit senior rental facility with underground parking (the "Project") ; and WHEREAS, the City believes that the successful undertaking and completion by DCHRA of the Project will be a substantial benefit to the City and its residents; and WHEREAS, the City desires to assist DCHRA in the development of the Project; and WHEREAS, DCHRA acquired the property on which the Project is intended to be located which is legally described as Outlot A, Park Center Addition (the "Property") ; and WHEREAS, the ultimate viability and economic feasibility of the Project will require infusion of funding from sources other than DCHRA; and WHEREAS, the parties hereto desire to set forth their understanding as to the sources of such funding in order to provide DCHRA with a level of assurance regarding the Project's long term economic viability; and WHEREAS, the parties desire to enter into this Agreement pursuant to Minnesota Statutes §§469.041 and 471.59, and other relevant statutes to set forth their understanding concerning the undertaking of the Project. NOW, THEREFORE, the City, and DCHRA do hereby agree as follows: Section 1. DCHRA Project Activities. DCHRA shall be responsible for all aspects of undertaking and administering the Project. Such activities shall include, but are not limited to: the obtaining of . the financing; the highering of professionals (architects, attorneys, etc) ; the letting of bids for construction; and the managing of the project upon completion. Section 2. Funding. It is presently anticipated that financial assistance will be needed in order to accomplish the construction of the -roject and to provide for rents affordable to low and moderate inc. eniors. The City and DCHRA hereby agree to commit the following am- • ` ' a funds: Source 1990, 1991 1992 ,1993 199 4 1995 City housing funds 0 $1,000,000 0 0 0 0 CDBG funds $190, 000 $ 200,000 0 0 0 0 Dakota County HRA 0 $ 150,000 $150,000 $150, 000 $ 150, 000 $150, 000 Total $190, 000 $1,350, 000 $150,000 $150,000 $ 150,000 $150, 000 Source 1996 1997 1998 1999 2000 2001 City housing fund 0 0 0 0 0 0 CDBG funds 0 0 0 0 0 0 Dakota County HRA $150, 000 $150, 000 $150, 000 $150, 000 $ 150, 000 $150, 000 Source 2002 2003 2004 2005 TOTAL City housing funds 0 0 0 0 $1, 000,000 CDBG funds 0 0 0 0 $ 390, 000 Dakota County HRA $150, 000 $150,000 $150,000 $150,000 $2,250, 000 Total $150, 000 $150, 000 $150, 000 $150,000 $3,640,000 The CDBG funds would be used to pay for land and other eligible costs. The City housing funds would pay for direct construction expenses and the DCHRA funds would be used to pay debt service expenses on bonds used to finance various development costs of the Project. The above schedule assumes the Project will be constructed in 1991. The City and DCHRA agree that the above financial assistance 35 is needed in order to help maintain the rent levels equal to 30% of household income, as determined pursuant to guidelines of the U.S. Department of Housing and Urban Development, but not less than a floor rent of approximately $250 for a one bedr.•A', apartment unit and approximately $350 for a two bedroom apartm i4 it. The DCHRA may raise floor rents, from time to time, but not a a that exceeds the increase of operating expense for the Project. Section 3. Review of Rental Terms. Thirty (30) da s prior to any increase in the floor rents, DCHRA shall notify the City in writing of the increase and provide the City with the supporting operating expenses used to calculate the increase. For a period of thirty (30) days following receipt of such notice, the City shall have the right to comment to the DCHRA about the increase prior to the increase becoming effective. Section 4. Design Standard and Cost Review. DCHRA shall comply with all design standards adopted by the City with respect to multifamily housing. Additionally, the DCHRA shall submit architectural renderings together with site plans to the City for review by the City's Advisory Planning Commission and City Council. DCHRA shall furnish the City with a Construction Budget and accompanying bids, prior to the commencement of construction. At least monthly, the DCHRA shall furnish the City with an accounting, (e.g. , A.I.A. Application and Certificate for Payment Documents) . Section 5. Residential Qualifications. With respect to 25 of the rental units, Eagan residents shall be given a preference in priority of placement in the Project. With respect to the remaining 40 rental units, Dakota County residents shall be given a preference in priority for placement in the Project. For purposes hereof, the term Eagan Resident shall mean that the individual resides in Eagan or the individual's son/daughter resides in Eagan. For purposes hereof, the term Dakota County Resident shall mean that the individual resides in Dakota County or the individual's son/daughter resides in Dakota County. Section 6. Cooperation Agreement. As of the date of this Agreement the City and DCHRA have entered into a Cooperation Agreement, a copy of which executed Cooperation Agreement is attached hereto as Exhibit A. The Cooperation Agreement is intended to set forth the agreement of DCHRA and the City with respect to the payment of taxes; special assessments; and payments in lieu of taxes during the operation of the Project. DCHRA and the City agree that it may, in the future, be necessary to make certain modifications to the Cooperation Agreement in order to insure the continued economic viability of the Project, and each agrees that it will negotiate with the other in good faith concerning any proposed modifications. All modifications need to be in writing and signed by both parties. 37 Section 7. Project Timing. It is presently anticipated that development of the Project will commence in 1991. DCHRA intends, subject to applicable law and feasibility analysis, to issue housing revenue bonds in order to finance the development. DCHRA intends that it will operate the Project as a senior citizen rental facility for a period of not less than 20 years. DCHRA shall obtain the written consent of the City prior to terminating the use of the Project as set out herein. If DCHRA shall discontinue its operation and management of the Project it shall obtain the City's cons t of the proposed substitute manager/operator, prior to the to ifrOtion by DCHRA of its management duties. 4J Section 8. Termination of Agreement. This Agreement may be tev 't- ted by written agreement of all of the parties hereto. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. DAKOTA COUNTY HOUSING AND REDEVELOPMENT AUTHORITY By: Its: By: Its: CITY OF EAGAN, MINNESOTA By: Thomas A. Egan Its: Mayor By: E. J. VanOverbeke Its: City Clerk N? APPROVED AS TO FORM: City Attorney's Office Dated: APPROVED AS TO CONTENT: Public Works Department Dated: STATE OF MINNESOTA ) ss. ej1/44.COUNTY OF ) l On this day of , 1991, bef_CCo.• '. a Notary Public within and for said County, sonally appeared and to me personally known, who being each by me duly sworn, each did say that they are respectively the and of the corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors and said and acknowledged said instrument to be the free act and deed of the corporation. Notary Public 3� STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) ee) On this day of , 1991, be . ., ' e a Notary Public within and for said County, personally appearecr' 46. ' A. EGAN and E. J. VanOverbeke to me personally known, who bei - h by me duly sworn, each did say that they are respectively th4F ayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on 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 THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, WILCOX & SHELDON, P.A. 600 Midway National Bank Bldg. 7300 West 147th Street Apple Valley, MN 55124 (612) 432-3136 MGD • 6 COOPERATION AGREEMENT THIS AGREEMENT entered into this day of '� ' , 1991, by and between THE DAKOTA COUNTY HOUSING AND REDEVELOPM 'i; HORITY, a Minnesota public body politic and corporate herei1 a• ed the "Authority") and the CITY OF EAGAN, a Minnesota municipal oQoation (herein called the "Municipality") ; WITNESSETH In consideration of the mutual covenants hereinafter set forth, the parties hereto do agree as follows: 1. Whenever used in this Agreement: (a) The term "Project" shall mean any senior rental housing for low and moderate income persons or families hereafter developed or acquired by the Authority pursuant to Minnesota Statutes, Section 469.017 ; excluding, however, any rental housing project developed or acquired by the Authority with financial assistance of the United States of America acting through the Secretary of Housing and Urban Development ("HUD") and excluding any rental housing project covered by an contract for loans and annual contributions entered into between the Authority and HUD, or its predecessor agencies. (b) The term "Taxing Body" shall mean the State or any political subdivision of taxing unit thereof in which a Project is situated and which would have authority to assess or levy real or personal property taxes or to certify such taxes to a taxing body or public officer to be levied for its use and benefit with respect to a Project if it were not exempt from taxation. (c) The term "Shelter Rent" shall mean the total rentals of a Project exclusive of any charge for utilities and special services such as heat, water, electricity, gas, sewage disposal, or garbage removal. 2. The Authority shall endeavor to develop or acquire and administer a Project or Projects located within the corporate limits of the Municipality containing, in the aggregate, approximately 65 rental units. The obligations of the parties hereto shall apply to each such Project. 3. Pursuant to Minnesota Statutes, Section 469.040: (a) each Project shall be exempt from all taxes of the Municipality, Dakota County, the State of Minnesota or any political subdivision thereof; provided, however, that when any obligations issued by the Authority to assist in financing the development of a • Project have been retired, then the exemptions from taxes may terminate. // notwithstanding the provision set forth in �l; bove, after (b) n g P �9,,� each Project has become occupied either in whole ','' part, and before the Authority retires any obligations issued by " assist in financing such Project the Authority shall file withJtl.e>proper assessor, on or before May 1 of each year, a statement ofc,aggregate shelter rentals of that Project collected during the preceding calendar year; and five percent (5%) of such rentals (but in any event not exceeding the amount which would be payable in taxes if the Project were not exempt from taxation) shall be charged to the Authority and collected from it as a service charge for the services and facilities to be furnished with respect to that Project, collected in the manner provided by law for the assessment and collection of taxes. The amount so collected shall be distributed to the several taxing bodies in such proportions that each will receive _ the same proportion as the tax rate of each bears to the total taxing bodies that would be levied against such Project if it were not exempt from taxation. 4. During the period commencing with the date of the acquisition of any part of the site or sites of any Project and continuing so long as the bonds issued in connection with such Project remain unpaid, the Municipality without cost or charge to the Authority or the tenants of such Project (Other than the payments set forth in 3 above) shall: (a) Furnish or cause to be furnished to the Authority and the tenants of such Project, public services and facilities (not including heat, water, electricity, gas, sewage disposal, or garbage removal) of the same character and to the same extent as are furnished from time to time without cost or charge to other dwellings or inhabitants in the Municipality; (b) Vacate such streets, roads, and alleys within the area of such Project as may be necessary in the development thereof, and convey without charge to the Authority such interest as the Municipality may have in such vacated areas; (c) Accept grants of easements necessary for the development of such Project; and (d) Cooperate with the Authority by such other lawful action or ways as the Municipality and the Authority may find necessary or convenient in connection with the development and administration of such Project. L4_ . 5. In respect to any Project the Municipality further agrees that within a reasonable time after receipt of a written request therefor from the Authority: (a) It will accept the dedication of all interior / = -ts, roads, alleys, and adjacent sidewalks within the area of Project, together with all storm and sanitary sewer mains in s 1' •�=�•icated areas, after the Authority, at its own expense, has coo .-eked the grading, improvement, paving, and installation thereof in aordance with specifications acceptable to the Municipality; (b) It will accept necessary dedications of land for, and will grade, improve, pave, and provide sidewalks for, all streets bounding such Project or necessary to provide adequate access thereto (in consideration whereof the Authority shall pay to the Municipality such amount as would be assessed against the Project site for such work if such site were privately owned) ; and (c) It will provide, or cause to be provided, water mains, and storm and sanitary sewer mains, leading to such Project and serving the bounding streets thereof (in consideration whereof the Authority shall pay to the Municipality such amount as would be assessed against the Project site for such work if such site were privately owned) . 6. No Cooperation Agreement heretofore entered into between the Municipality and the Authority shall be construed to apply to any Project covered by this Agreement. 7. No member of the governing body of the Municipality or any other public official of the Municipality who exercises any responsibilities or functions with respect to any Project during his tenure or for one year thereafter shall have any interest, direct or indirect, in any Project or any property included or planned to be included in any Project, or any contracts in connection with such Projects or property. If any such governing body member or such other public official of the Municipality involuntarily acquired or had acquired prior to the beginning of his tenure any such interest, he shall immediately disclose such interest to the Authority. 8. Any obligations issued by the Authority in connection with any Project shall not be a charge or lien on the general credit or taxing power of the municipality. 9. This Agreement shall not be abrogated, changed, or modified without the written consent of the parties hereto. The privileges and obligations of the Municipality hereunder shall remain in full force and effect with respect to each Project so long as the beneficial title to such Project is held by the Authority. li I - I IN WITNESS WHEREOF the Municipality and t thority have respectively signed this Agreement and caused k seals to be affixed and attested as of the day and year first above' en. APPROVED AS TO FORM: CITY OF EAGAN City Attorney's Office By: Thomas A. Egan Dated: Its: Mayor APPROVED AS TO CONTENT: ATTEST: Public Works Department By: E. J. VanOverbeke Dated: Its: City Clerk (SEAL) THE DAKOTA COUNTY HOUSING AND REDEVELOPMENT AUTHORITY By: Its: Chairperson (SEAL) ATTEST: By: Its: Secretary L'/V • STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) On this day of , 1991, before me a Notary Public within and for said County, personally ap• 4 Ad THOMAS A. EGAN and E. J. VanOverbeke to me personally known, 4J i_A :ng each by me duly sworn, each did say that they are respect' R •e Mayor and Clerk of the City of Eagan, the municipality named — foregoing instrument, and that the seal affixed on behalf of sai•I unicipality 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 ,, 1991, before me a Notary Public within and for said County, personally appeared and to me personally known, who being each by me duly sworn, each did say that they are respectively the and of the corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors and said and acknowledged said instrument to be the free act and deed of the corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, WILCOX & SHELDON, P.A. 600 Midway National Bank Bldg. 7300 West 147th Street Apple Valley, MN 55124 (612) 432-3136 MGD Agenda Information Memo March 5, 1991, City Council Meeting VACATION/ ECIP #4 K. Vacate Utility Easement, Receive Petition/Order Public Hearing (Lot 27, Block 3, Eagandale Center Industrial Park #4)--The City has received a petition from the Opus Corporation to vacate a storm sewer utility easement dedicated with the final plat of the Eagandale Center Industrial Park #4 due to the fact that it is in a different location from where the storm sewer facility is located. Having received all submittals required with this petition, including replacement easements, it would be appropriate for the Council to receive this petition and order a public hearing to formally consider the vacation of the original easement. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition and order a public hearing to consider the vacation of a utility easement for Lot 27, Block 3, Eagandale Center Industrial Park #4 and order a public hearing to be held on April 2, 1991. AUTHORIZE REVISION TO FEASIBILITY REPT & NEW PUBLIC HEARING (ELRENE ROAD & TRAILS END RD) L. Project 589R, Authorize Revision To Feasibility Report and New Public Hearing (Elrene Road & Trails End Road - Streets & Utilities)--On October 16, 1990, formal bids were received for the upgrading of Elrene Road south of Yankee Doodle Road, and Trails End Road from Elrene Road to the west (formerly Kost Road). Due to the fact that the bids exceeded the estimate contained in the feasibility report for Project 589 as presented at the public hearing on July 17, 1990, the bids were rejected with the understanding that it would be rebid in the spring of 1991 to try and obtain more favorable prices. Since the rejection of the bids last October, the Wescott Square and Woodlands North Additions proceeded and incorporated some of the work originally proposed under original Project 589 which had to be completed to allow those developments to proceed prior to the rebidding scheduled for Spring of 1991. Subsequently, the original scope of Project 589 has been changed. Therefore, it would be appropriate for the Council to authorize a revised feasibility report to be prepared and schedule a new public hearing to more accurately define the estimated and pending costs associated with this project before proceeding with the rebidding process. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the preparation of a revised feasibility report for Project 589R (Elrene Road and Trails End Road - Streets & Utilities). Agenda Information Memo March 5, 1991, City Council Meeting AUTHORIZE FEASIBILITY REPORT (WILDERNESS RUN ROAD - UPGRADE) M. Project 603, Authorize Feasibility Report (Wilderness Run Road - Upgrade)--In 1979, the City constructed Wilderness Run Road from Lexington Avenue to Dodd Road to accommodate the proposed development along this corridor. Due to lack of adequate Municipal State Aid (MSA) funding at the time, the developer (Dunn & Curry) financed the first phase/stage construction of this roadway with the understanding that MSA funds would finance the final stage construction when appropriate. With all the development along this corridor being completed and MSA funds being available, it is now appropriate to consider the final stage completion of this segment of Wilderness Run Road. Due to the fact that it was not built to its ultimate design section, the past 10 years of heavy construction traffic have deteriorated this first stage construction to the point where its second phase needs to be completed to protect the structural integrity and eliminate the need for full reconstruction in the foreseeable future. Our Pavement Management Program (PMP) has evaluated the condition of this present roadway and determined it to be in a condition that needs its final phase construction to be completed. Subsequently, it has been identified as a high priority collector street for upgrading as a part of the 1991 CIP. Therefore, staff is requesting authorization from the City Council to prepare a detailed feasibility report to be presented to the City Council to provide the necessary detailed information to help determine whether this project should proceed this year. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the preparation of a feasibility report for Project 603 (East Wilderness Run Road - Upgrade). Agenda Information Memo March 5, 1991, City Council Meeting AUTHORIZE FEASIBILITY REPORT (EAGANDALE CENTER INDUSTRIAL PARK #3 & 4 - OVERLAY) N. Project 608, Authorize Feasibility Report (Eagandale Center Industrial Park #3 & 4 - Overlay)--Industrial streets within Eagandale Center Industrial Park #3 & #4 (Mike Collins Drive, Apollo, Lunar, etc.) were constructed 20 years ago in 1970-71 to a 9-ton per axle standard. Since that time, the Industrial Park has developed and the interstate system has been built to accommodate 10-ton per axle loads. Due to the age of these streets and the increased capacity of the industrial traffic, it would be appropriate to consider providing a structural overlay within this Industrial Park to prolong the useful life of these streets. This project would be similar to the structural overlay performed within the Eagandale Center Industrial Park 1st & 2nd Addition in 1989. In accordance with the City's Special Assessment Policy regarding life extending structural overlays, it is anticipated that all costs associated with this project would be assessed to the Industrial Park. Therefore, staff is requesting authorization from the City Council to prepare a feasibility report to provide the Council with detailed information for further consideration of this proposed project. Also, this has been identified as a high priority project for 1991 as a part of the proposed 5-year CIP. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the feasibility report for Project 608 (Eagandale Center Industrial Park #3 & #4 - Overlay). PRESENT FINAL ASSMT ROLL/ORDER PUBLIC HEARING (COVENTRY PASS ADDITION) O. Project 566, Present Final Assessment Roll/Order Public Hearing (Coventry Pass Addition - Trunk Sanitary & Storm Sewer)--The installation of trunk sanitary and storm sewer facilities to service the Coventry Pass Addition under Project 566 was completed under Contract 89-16 with completion and formal acceptance occurring on November 8, 1990. All costs associated with this contract and project have been compiled and the final assessment roll completed and is now being presented to the City Council for their consideration of scheduling a public hearing to formally present the assessable costs associated with this project. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for Project 566 (Coventry Pass Addition - Trunk Sanitary & Storm Sewer) and order a public hearing to be held on April 2, 1991. 1.4g Agenda Information Memo March 5, 1991, City Council Meeting RECEIVE PEITI ION/AUTHORIZE FEASIBILITY REPT & DETAILED PLANS/SPECS (OAKS OF BRIDGEWATER 2ND ADDN) P. Project 610, Receive Petition/Authorize Feasibility Report & Detailed Plans/Specs (Oaks of Bridgewater 2nd Addition - Streets & Utilities)--The staff has received a petition from the developer of the proposed Oaks of Bridgewater 2nd Addition requesting the installation of streets and utilities to be performed under a City contract. The petition requests the preparation of a feasibility report and simultaneous preparation of detailed plans and specifications to help facilitate the scheduling of this project. With the signing of the petition, the developer has guaranteed all costs associated with this work if, for some reason, the project is not approved and/or does not proceed. Therefore, it would be appropriate for the Council to receive the petition and authorize the preparation of the report and plans as requested. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition for Project 610 (Oaks of Bridgewater 2nd Addition - Streets & Utilities) and authorize the preparation of a feasibility report and detailed plans and specifications. APPROVE PLANS/AUTHORIZE AD FOR BIDS (WATER QUALITY POND JP-67 & EFFRESS ADDN - STORM SEWER) Q. Contract 90-13, Approve Plans/Authorize Ad For Bids (Water Quality Pond JP-67 & Effress Addition - Storm Sewer)--The installation of storm sewer facilities within the Effress Addition had to be cancelled from Contract 90-06 due to the City's inability to obtain the necessary easements within the required time frame. Now that the easements are being acquired through condemnation, a possession date has been established and this project can be rebid for construction this Spring. As a result of the public hearing held on July 17, 1990, the Council authorized the preparation of detailed plans and specifications for Project 594 which provides for the development of the water quality Pond JP-67 located in the southwest corner of Duckwood Drive and Denmark Avenue. There have been two neighborhood meetings held with the residents of the Hidden Oaks Townhomes to review the proposed project and the detailed landscaping associated with it. All comments and concerns of these homeowners have been taken into consideration in the preparation of the final plans. It would be feasible to combine these two projects under one contract for the solicitation of competitive bids for Spring 1991 construction. Therefore, these plans are being presented to the Council for their consideration of authorizing formal advertisement for bids. The Public Works Director will be available to discuss in further detail any aspect of these projects. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans for Contract 90- 13 (Water Quality Pond JP-67 & Effress Addition - Storm Sewer) and authorize the advertisement for a bid opening to be held at 10:00 a.m., March 28, 1991. 9 Agenda Information Memo March 5, 1991, City Council Meeting ACKNOWLEDGE COMPLETION/AUTHORIZE CITY MAINTENANCE (WOODLANDS 3RD ADDN - STS & UTILITIES) R. Project 89-DD, Acknowledge Completion/Authorize City Maintenance (Woodlands 3rd Addition - Streets & Utilities)--The City has received a request from the developer to assume the maintenance responsibilities associated with the private installation of public streets and utilities within the Woodlands 3rd Addition located north of Wescott Road and west of Elrene. All final inspections have been performed by City personnel and it has been determined that the private installation of, these public improvements were performed in accordance with City reviewed plans and specifications and are ready for favorable Council action regarding perpetual City maintenance. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge completion of Project 89-DD (Woodlands 3rd Addition - Streets & Utilities) and authorize the initiation of City maintenance subject to appropriate warranty provisions. cb • Agenda Information Memo March 5, 1991 City Council Meeting FINAL PLAT/COVENTRY PASS 3RD ADDITION S. Final Plat,Coventry Pass 3rd Addition—Documents relative to the above referenced plat are currently being processed by the applicant and the Community Development Department. If all items are completed and executed in time for next Tuesday's meeting, the application will be in order for approval. If not, a recommendation will be made to continue this item at the beginning of the meeting: A copy of the final plat as it appears for filing at Dakota County is enclosed on page...U. or your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Coventry Plat 3rd Addition as presented. • . ..,,,: ,‘e,. 1 i 1'411? Ili. 4 it'll LI =III 1111131 42 • flhIIfIua ,i. i ' ' f `l $j; 8! 1/1111 Ili 111 ii ills II Ij '! ; [I I I ill 1 10:111 ID se }- �" �i1iII',1itII ,l " I • li Mc H II ,.-11.1 its ; . !II f 1111 If I • jJi r1:, 1�� /�l ! ! # , I 3 ; is I � ,! / iii:i11:: I lIft ] i' Ii 'e# 1 1• jjIfl;i: :hJ1jJ J 1='• # s i lt1i I mi 11 li hit a ;; I It # 1 H. S ud slluwb� r .2areo•r ' ,••► s. --Ar 4 ( r=—"OW--».y----•di-----;i--YY--- 1--ss--I.-17--•.r--•s-- a. -ae-31 i L •aa•• ,••"' `` ._ J•^: ": II « •, i 11 f i L ' li « , » !c t1 , t N f y ♦��-i..' �.i Ii ,I Ii if 1 ; V * i ; ~ sI' �) ./• \►•.!l J I.-!i_JiL-}l-J L-_TJI_.!•Lf_ ;�y.+ fa•� •aa.• _= i� i ' 0.1••••:- `1 y �1- •�•-- i- 112!1.1 1lNIYLII --`�'J tee. T a im sl ti~ w WOW • ' it •,• -^ ‘..44. .4 , �•4•r ': ems .'b. • • 1 w c. '"- 7-r--•••-1•�-w-1�t--ss^-I ring- ri Q. �•• :-. Ia►: i .aa__ 1 1 A r' ♦' `'� • •l,• - '• 1 1. II• ,1• d/•1+.,•M+; > •� i i 7, t; t` 1 if .! 1 Y i 1, • W 1 +` 40 f ♦i r• 1• 1 1♦ ily ,1 1 -•z•-1-•-•-_ `i Lis.. } 'it'‘.'.1 4._ LY—)1—sr L._!? :1 —i• i tt i=1 1} \ r .... �,� •` r♦„'� 1► .• ••♦• • )- .. 1 r r. '_ - •••-J;r •. l f-:.i a:-- 1� f: ♦ .. \v it } i`• �`Ai♦� //} '1 �� / 1 1 I, ,i `` • ,„ ♦ �'N '•t� Ii • J 111 '. �, i • . 12 • eta , ;.:i / iit ?!it'��.. I� �1 j •' • J '1 1. _, •d. Iii 1,! • I = • Ill e !: G I f sip ♦ ;:_t)'•1 . .,, N. ••ssi��l! W .1 I I 'I ' • •I ♦ '-, , fl ,0, ,•♦• -� i—.227..4 I.—MP-JAL_/'!-J L..—tl.J•--J•7L� t• • t i • A/! !1♦ i N Z�■ _.-•... ,•� •. 7• . / _♦ •• .... ♦ ' I I •'' N. 1 r -(..: s. 2%) ( tii, L...■ttl.t....j:. .k4 -T--- -ill fQ % "` ,,1 ,,,• t _ 11 1 M •b*i••/tI \ ,•� • V \ IL � , JM �-, ,,' _' 5.--c)--- • . Agenda Information Memo March 5, 1991, City Council Meeting MUBLIC*HEARINGS FINAL ASSESSMENT HEARING (CRAY ADDITION), A. Project 571, Final Assessment Hearing (Cray Addition - Trunk Storm Sewer)--On February 19, the scheduled public hearing for this project was continued until March 5 at the request of the Cray Addition to allow them additional time to review the final assessment obligations associated with this project. After discussions with the legal representatives for the Cray Addition, it is not anticipated that there will be any c'oerns ,� associated with this proposed final assessment hearing. Enclosed on page _5� is a summary tabulation of the final assessment rates as compared to those contained in the feasibility report presented at the public hearing held on September 5, 1989. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the final assessment roll for Project 571, Cray Addition - Trunk Storm Sewer and authorize its certification to Dakota County. VIRAL ASSESSMENT SMARM att-c41 ,5; /F PROJECT TIMBER: 571 £SSESSIEENT STARING DATE: FEBRUARY 19, 1991 6175DI7ISIOR/AREA: CRAY ADDITION PUBLIC BEARING DATE: SEPTENBER 5, 1989 IN:MOVEMENTS INSTALLED AND/OR ASSESSED: T.R. - Feasibility Report VIRAL T.R. VIRAL P.R. EAIIITART SEQFR RATES RATES ETOR21 SEQF.R RATES RATES ❑Trunk ® Trunk $ .056/SF $ .056/SF 0 Laterals ❑ laterals • ❑ Service ❑ Let. Benefit/ Trunk ❑ la t. Benefit/ Trunk HATER ITREETS ❑ink ❑ Gravel lase ❑Laterals ❑ Surfacing ❑ Service ❑ Res. Equiv. ❑Let. Benefit/ ❑ Multi Equiv. Trunk ❑ C/I Equiv. ❑1/AC D Trail JERVICES STREET LIGHTS ❑ Water & San. Sewer ❑ Installation ❑ Energy Charge CONTRACT * OF INTEREST *MODRT CITY NO. PARCELS TERMS RATE j,SSESSED 7IRANCED 90-06 3 10 Yrs. 81 S 574. (F .R.)156.20 !25.547( F.R .) .62 POIQEENI'S: 54"/ Agenda Information Memo March 5, 1991 City Council Meeting PLDSIMNESS PRELIMINARY PLAT EXTENSION/POPPLER ADDITION A. Extension, Preliminary Plat, Poppler Addition—The City has received correspondence on behalf of Lawrence Poppler relative to an extension of preliminary plat for the Poppler Homestead No. 2 Addition. The application was originally approved on January 16, 1990 and correspondence from the Poppler's representative was received prior to that date. It has been processed and is brought forward to the Council for consideration at this time. As a part of the request for continuance, the applicant has requested certain modifications of the plat requirements. Those are outlined in the correspondence from Rollin Crawford enclosed on pages SL through 51. The Community Development Department has coordinated discussions with various City departments responsible for managing the Council's policies with regard to each of these requests and information relative to those discussio is enclosed in the Community Development Department report on pages 'S'2 through Because modifications requested were contrary to City policy as adopted by City Council, it is not within the authority of the staff to waive those requirements nor have compelling reasons been forwarded for such a waiver. The request regarding a 24 foot street width has been previously approved by the City Council as a part of its original plat approval. For a copy of the staff report in that regard, please refer to the enclosure on pages(o3 through ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an extension of preliminary plat for Poppler Homestead No. 2 Addition with or without modifications to conditions as outlined by the applicant. • • ATTORNEYS AT LAW ARTHUR GILLE\ LEVANDER GILLEN & MILLER ROGER CMILLER PAUL H.ANDERSON TIMOTHY J.KUNTZ DANIEL J.BEESON 402 DROVERS FIRST AMERICAN BANK BUILDING ROLLIN H.CRAWFORD 633 SOUTH CONCORD STREET P.O.BOX 298 KELLY J.NEILAN KRUELL SOUTH ST.PAUL.MINNESOTA 55075 HAROLD LEVANDER 612-451.1831 FAX 612-450.7384 RETIRED • February 7, 1991 Mr. Jim Sturm City Planner City Hall 3830 Pilot Knob Road Eagan, Minnesota 55122 RE: Lawrence Poppler - Poppler Homestead No. 2 Dear Jim: This letter will confirm our earlier discussions regarding the transaction that Lawrence Poppler is offering to the City of Eagan. Mr. Poppler would enter into a development contract with the City of Eagan which would have among its provisions the following : 1 . Poppler will convey to the City the easements as requested in their earlier correspondence which is attached hereto. 2 . The following financial claims that have been expressed against the development and/or Lawrence Poppler will be deleted: a . Assessments as expressed in the City's memo of May 1, 1990, which is attached hereto in the total amount of $5,788.00 (The assessment for water and sanitary - $1,511.00 has been acknowledged as erroneous) . b. Any proposed park, trail or other financial impositions on the subject. c. Any unpaid charges for City administrative or other requirements in connection with this subdivision. 3 . City will approve the road construction concepts as outlined in Bill Price's memo or letter of October 17, 1990 . A copy of which is attached hereto. FOR\ERLI LEN ANDER GILLEN.MILLER.ANDERSON&KUNTZ 5 Co Page 2- Mr. Jim Sturm: Based upon the above provisions we would request that the matter be reviewed by the City staff and placed on the City Council agenda at the earliest possible opportunity. Very my yours, Rol in H. Crawford RHC:dr Enclosure cc Lawrence Poppler 57 MEMORANDUM TO: DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR FROM: JIM STURM, CITY PLANNER DATE: FEBRUARY 28, 1991 RE: POPPLER HOMESTEADS NO. 2 - PRELIMINARY PLAT EXTENSION The City received a written request for a Preliminary Plat extension for the Poppler Homesteads No. 2 Addition prior to the one-year expiration date. This Preliminary Plat consisting of three Single Family lots on approximately 4.5 acres along the south side of Lone Oak Road was approved on January 16, 1990. The typical staff review process is one where all departments are notified of the request and have ample time to review the plat to see what issues need to be addressed, as well as conditions to be added/deleted. During that time, the City received a letter from Rollin Crawford, the applicant's attorney, stating that City financial requirements and some engineering detail plans should not be required for this platting process. At a meeting with representatives from all departments, these items were discussed and I will respond as follows to each item in the attached letter: 1. Easements normally are conveyed to the City at the time of Final Plat approval. 2a. It has not been the City's policy to waive assessments in lieu of easements, etc. 2b. It has not been the City's policy to waive park dedication fees, trail dedication fees, etc. 2c. Staff assumes these costs would include platting and escrow fees. At this time, the applicant owes the City escrow money. 3. Staff is basically in agreement with the applicant in that a 24' wide street could be constructed over the existing 20' wide driveway by adding curbing and doing an overlay if the subgrade is capable of supporting it. A storm sewer is necessary, however only a small amount may be needed depending on how the street grades are designed. Staff also feels that detailed plans specifications, along with verification of the subgrade, is necessary before the construction begins. Conditions of the original approval still apply and one should be added that the development escrow account shall be brought up to date. If you would like additional information on this item, please advise. City Planner JS/js Attach. PRICE & ASSOCIATES, INC. Consulting Engineers . . - Civil • Municipal 892 Felix Street • .• • (612)457.5501 Office • West St.Paul,MN 55116 - • • (612)457.6190 Residence • . - _ - October 17, -.19Y90 . • . . - - Engineering Dept. _ - . ' City of Eagan 3830 Pilot mob Rd. .Eagan , Mn . 55122 Attn : 'Mr. Mike Foertsch, P.E. Re: Poppler Lane Dear Mr . Foertsch: This is in response to our conversation regarding the upgrading of Poppler Lane to meet conditions acceptable to the City of Eagan . Following is a summary of the conditions and a suggested design for upgrading the existing road : 1 . The present roadway is 20 ft. wide , 2" bituminous surface over 6" - „12" of crushed rock Class 5, gravel base. 2 . Prior to base and surface construction the City installed utilities which included removing all unstable soils and backfilling with granular material . 3 . All remaining unstable soils were removed from the roadbed and replaced with granular material under an agreement between the Owner and Raunhorst -Construction Co. . 4 •The present roadway is adequate to serve the properties along its length. The width is not sufficient to permit on- street parking . 5 . The roadway cannot be expected to ever be extended beyond the present cul-de-Sac because LeMay Lake and other existing developments effectively block any extension . Therefore , volumes will be minimal because the roadway only serves nine single-family homes. • The roadway is adequate for the present usage. We recommend that the upgrading to higher standards should be to install concrete curb and gutter adjacent to the existing bituminous surface and construct a 1 1/2" - 2" bituminous overlay over the entire street . That construction would result in a mew width of 24 feet. Further widening would require filling in along the City holding pond because the present is now constructed to the east side of the right of way with the pond encroaching into the right of way on the west side. In addition , the spruce trees would remain in place but would be trimmed to a height acceptable to the City. The Cul-de-Sac may be required to be increased in diameter , depending the requirements for turning a snow plow around. We propose to prepare construction plans showing plan view only _ • with grades foi the curb and gutter .to follow the' present . .. _ - - bituminous surface with minor adjustments to be made in the field to provide the minimum thickness of the final wearing course. - Specifications will be according to City standards. ' Assuming that the Owner will contract directly to have the work done , the •f specifications will also contain provisions suitable to them. We feel that this recommendation for the upgrading of the roadway and the preparation of plans and specifications which will save the Owner considerable engineering costs will not diminish the quality of the final product. Please let us know as soon as possible whether or"'bot you approve of the design and the method. Sincerely , delp\ ----V . PRICE & ASSOCIATES , INC. William E. Price , P.E. Copy : Lawrence G. Poppler Lawrence Poppler , Jr. Rollin Crawford • • (S2'l 104f-114-51i Page 11/EAGAN CITY COUNCIL MIiitU'TES January 16, 1990 POPPLER HOMESTEAD NO. "ifiiiiitINIXARY PLAT/RSZOWIHO Gustafson moved, Wachter seconded, the motion to approve a rezoning of 4.55 Agricultural acres to a Single Family district as requested by Lawrence G. Papg.1er,,.:..Eg?�n,. Wachter, Gustafson and Pawlenty voted in favor; McCr ai ras:>:a*erit Wachter moved, Egan seconded, the motto to approve a preliminary plat consisting of three single family loge. located on the south side of Lone Oak Road, east of Pilot..Rrsoib.:.Road:.t1' the northwest quarter of Section 10, as requested *:.::::LietWt*flee Poppler for the Poppler Homestead No. 2 , subject to t2i'e'follow'ing' conditions: 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al, B1, B2, B3, B4 , Cl, C2 , C5, D1, El, Fl, and G1. 2. The development is ' ''Tegi#i#:ed to upgrade the existing substandard bituminous roadway wid�c th cor d:.::.: o. ne e wi th the City Code requirements but allowing a 24 foot 3. The developm ent f e to include cl ud e the dedication of a is . Qu 'ir� public road right-of-way for Poppler Lane in the final plat. 4 . The development is required to extend sanitary sewer and water service to the right-of-way l :::Of:::;A 4?:::.:P14tted parcel. 5. The development is required to tevise the existing ponding easement for Pond DP-15 to inclu4* allthe areas up to the defined highwater level as identified in t 1::City #. Comprehensive Storm Sewer - Plan. 6. The development is reciud�tined easement for (Pond DP-2) Lemay Lake to the high : water the City's Comprehensive Storm Sewer P1*1 . 7. Ten foot setback_vari&Ci S z ilit'tititaa Oak Road and Poppler Lane shall be permitted with the approval of tl. # plat. 8. Lots 7, 8 and 9 shall be ztntiered to Lots 1, 2 and 3. Egan, Wachter, Gustafson and Pawlenty voted in favor; McCrea was absent. • SUBJECT: REZONING, VARIANCE, PRELIMINARY PLAT (POPPLER HOMESTEAD $2) APPLICANT: LAWRENCE G. POPPLER LOCATION: NW 1/4 OF SECTION 10 EXISTING ZONING: A (AGRICULTURAL) DATE OF PUBLIC HEARING: DECEMBER 21, 1989 DATE OF REPORT: DECEMBER 12, 1989 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Rezoning of Outlot A (5. 19 acres) from A to R-1 (Single Family) ,._. and a Preliminary Plat consisting of three lots. BACKGROUND: This proposal was originally scheduled for the June 27, 1989 Advisory Planning Commission meeting as a replat of the original Poppler Homesteads, however the applicant withdrew his application and asked to be continued until a later date due to questions regarding easement requirements on the east side of plat. The proposal submitted for review at this time is a separate plat: Poppler Homesteads #2 . EXISTING CONDITIONS: This site is located directly south of Lone Oak Road, west of Lemay Lake Apartments, north of Lemay Lake, and east approximately one-quarter mile from Pilot Knob Road. The applicant is seeking to rezone Outlot A from its current Agricultural zoning to R-1 (Single Family) . The Comprehensive Guide Plan designates this area as D-II (0-6 units/acre) . The proposed project is consistent with that plan. Poppler Homesteads Addition was platted in 1962 for single family residences. The site is primarily open grassland, however there are approximately 11 mature pine trees located within the 60 ' roadway easement. A house is presently located on proposed Lot 8. A pond is on proposed Lots 8 and 9, and proposed Lot 7 incorporates 72,695 sq. ft. of Lemay Lake and has approximately 220-240 ' of frontage along the lake. SITE PLAN: The total 5.19 acres includes three lots. As proposed, all lots exceed the 12, 000 sq. ft. lot requirement for an R-1 district. The lots range in size from 29,283 sq. ft. to 106,256 sq. ft. Total density for the project is .57 units per acre. The setback from Lemay Lake, according to the Shoreland Ordinance, is 50 ' from the Ordinary High Water Mark (OHWM) . (03 l GRADING/DRAINAGE/EROSION CONTROL: Grading of the property was completed in the late 60's with the initial platting of the proposed development. Staff anticipates no problems with the proposed grading and house elevations that are indicated on the grading plan. Proposed house elevations exceed the minimum free board required between anticipated pond high water levels and the proposed house elevations. Storm sewer improvements were not included as a part of the application but would be required as part of the upgrading of Poppler Lane to City standards. Storm water drainage from the area flows into Pond DP-15. Pond DP-15 is a designated ponding area in the City's Comprehensive Storm Sewer Plan. Pond DP-15 does not have an outlet at this time. With the recommended street upgrade it is anticipated that the ponds percolation capacity will reduce, thus creating potential for flooding. Staff recommends that an outlet for Pond DP-15 be constructed as a part of the recommended street improvements. Anticipated storm water runoff from the site drains into Pond DP- 15, a type 4 wetland, which in turn drains into Lemay Lake. No significant water quality impact is anticipated in Lemay Lake because of this development. UTILITIES : Sanitary sewer and water main were installed to service this area as a part of City Project #49 in 1970. Sufficient sewer and water services were provided at that time to serve the proposed plat. The development is required to extend sanitary sewer and water service to each platted lot. STREETS/ACCESS/CIRCULATION: The plat is presently served by a substandard bituminous cul-de-sac street off of Lone Oak Road (County Road 26) . The existing street, which is located on an existing 60 ' roadway easement, extends approximately 780' southerly of Lone Oak Road. The applicant is proposing to leave the existing bituminous roadway in its present condition and not upgrade the roadway to City standards. Staff recommends as part of this platting that the roadway be upgraded to City standards and the appropriate road right-of-way be dedicated with the plat. Grading for the street will result in some filling of Pond DP-15, but the proposed filling will not impact the ponds required storage capacity or anticipated high water level. XASEMENTS/PERMITS/RIGHTS-OF-WAY: As stated above, a dedicated street right-of-way should be included as a part of the platting. In addition to the existing roadway, the plat is affected by a temporary construction easement for the construction of a sanitary sewer which crosses proposed Lots 1 and 2. This temporary easement is no longer needed and can be vacated. The existing sanitary sewer easement is not of sufficient width to adequately protect the existing sanitary sewer. Staff recommends the following revisions and additions to the easements for the platting of this property: (0 C.( POPPLER EOMESTEADS ADDITION $2 CONDITIONS 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al, B1, B2, B3, B4; Cl, C2, C5, D1, El, Fl, and Gl . 2 . The development is required to upgrade the existing substandard bituminous roadway in accordance with City Code requirements. 3 . The development is required to include the dedication of a public road right-of-way for Poppler Lane in the final plat. 4 . The development is required to extend sanitary sewer and water service to the right-of-way line of each platted parcel. 5. The development is required to revise the existing ponding easement for Pond DP-15 to include all the areas up to the defined high water level as identified in the City's Comprehensive Storm Sewer Plan. 6. The development is required to provide a ponding easement for (Pond DP-2) Lemay Lake to the defined high water level as identified in the City's Comprehensive Storm Sewer Plan. 7. Ten foot setback variances from Lone Oak Road and Poppler Lane shall be permitted with the approval of this plat. 8 . Lots 7 , 8 and 9 shall be renumbered to Lots 1, 2 and 3 . ` STANDARD CONDITIONS OF PLAT APPROVAL PAGE TWO 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 release until one year after the date of installation. 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. F. Parks Dedication 1 . This development shall fulfill 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: PLATAPPR. 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(S) . . : .. - Agenda Information Memo March 5, 1991 City Council Meeting SENECA PLANT DEVELOPMENT AGREEMENT ODOR CONTROL SCHEDULE REVISION B. Consideration of Seneca Plant Development Agreement-Proposed Revisiop to Schedule Regarding Incinerator Odor Control Improvements--Enclosed on pages..-70 through'3 is a copy of the staff memorandum relative to the above-referenced matter. It contains correspondence staff has received of the Metropolitan Waste Control Commission indicating that the October 1, 1991 schedule completion of the incinerator odor control improvements cannot be met. MWCC proposes modification of the current schedule to place these controls in effect by December 31, 1992. This matter has been reviewed by the City's engineering consultant and the Seneca Odor Control Committee. The comments of each are outlined in the attachment. Mr. Wood indicates that the odor control technology is sound and that it is expected to meet the intended needs. Citizen representatives to the Odor Control Committee have voiced concerns both about the process resulting in the proposed delay and the delay itself. ACTION TO BE CONSIDERED ON THIS ITEM: 1) To approve or deny an amendment to the Seneca development agreement to acknowledge the change in schedule or 2) direct other action as may be appropriate. (.91 MEMORANDUM TO: Tom Hedges, City Administrator FROM: Kristy Marnin, Senior Planner DATE: February 15, 1991 SUBJECT: City Council Agenda Item - March 5, 1991 Meeting Seneca Development Agreement - Proposed Revision to Schedule RE: Incinerator Odor Control Improvements The City Council is requested to consider the Metropolitan Waste Control Commission's (MWCC) proposed incinerator odor control improvements and subsequent change in schedule for completion of these improvements. Briefly, the MWCC has informed the City that it cannot meet the deadline specified in the Seneca Plant Development Agreement for completing incinerator odor control improvements. As such, the City Council may wish to consider the following: a) Amending the Development Agreement to acknowledge the change in schedule; or b) Not amending the Development Agreement to acknowledge the change in schedule, and determining other action, if any, to take. Following is a brief synopsis of issues to be considered. Incinerator odor control improvements are part of the overall sludge handling improvements project at Seneca. The Seneca Plant Development Agreement requires incinerator odor control methods to be fully operational by October 1, 1991, with the remainder of the sludge handling improvements project to be completed by July 1993 . The MWCC has since determined that the October 1, 1991 deadline for completion of the incinerator odor control improvements cannot be met. The attached letter from the MWCC, dated January 22, 1991, discusses the changes in the sludge handling improvements project and schedule. John Wood, the City's engineering consultant for the Seneca Plant project, has reviewed the sludge handling improvements design report and three subsequent technical memoranda regarding changes to the incinerator improvements and sludge thickening/dewatering processes (report and memoranda prepared by HDR Engineering, Inc. for the MWCC) . Mr. Wood's reports regarding these documents are contained in the attached letters dated July 18, 1990, September 28, 1990, and February 8, 1991. Briefly, Mr. Wood concludes that the technology proposed by the MWCC is sound, and should provide adequate odor control. Tom Hedges February 15, 1991 Page Two The changes to the sludge handling improvements project and completion schedule, as outlined in the January 22, 1991 letter, were discussed at the February 13, 1991 Seneca Odor Control Advisory Committee meeting. Residents Al Arends, Betty Bassett, Bea Blomquist, Mike Hazel, Phil Johnson, Sheldon Ramnarine, Ted Thoennes, and John Westley were in attendance at this meeting. In general, the residents expressed great dissatisfaction with the schedule change. Following are some of the comments made by the residents: • Why can't the October 1991 deadline be met, when it was the MWCC that agreed to such a deadline in the first place? Does this mean that the MWCC is engineering the project as they go, rather than knowing what they're doing up front? • What assurances does the City/residents have that other schedule deadlines will not be missed because of various project modifications? • If the now-proposed centrifuge system for sludge thickening/dewatering is better for odor control than the previously-proposed belt filter system, then why didn't the MWCC propose this in the beginning? • Is cost effectiveness the only reason for making the changes? • What can be done to speed up the schedule for completion of the incinerator odor control improvements project? Although the October 1991 cannot be met, what can be done to move up the completion date from December 1992 as now proposed? Has the MWCC given any consideration to accelerating construction of this project component? To recap, the MWCC cannot, apparently under any circumstance, meet the October 1, 1991 deadline for completing incinerator odor control improvements. The City Council should consider whether or not it is necessary or appropriate to amend the Seneca Plant Development Agreement to acknowledge this schedule change. I have forwarded this information to the City Attorney's Office for review. If you have any questions regarding this matter, please advise. cc: Mike Dougherty Dale Runkle Jim Sturm Metropolitan Waste Control Commission Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101 DRAFT 612 222-8423 January 22, 1991 Mr. Thomas Hedges City Administrator City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Mr. Hedges: The purpose of this letter is to discuss the schedule for completion of incinerator odor control improvements at the Seneca Wastewater Treatment Plant. Article 3 . 3b of the Eagan Development Agreement states "If the MWCC approves incineration, in whole or in part, for sludge management based on the recommendations of the Residual Solids Management (RSM) Study, as soon as possible, but no later than October 1, 1991, incinerator odor control methods shall be fully operational". The RSM study completed in March, 1989 recommended continued operation of the Seneca incinerators for sludge processing plus the development of a program for land application of stabilized sludge. A related engineering report prepared by Malcolm Pirnie, Inc. concluded that afterburners represented the best available technology for incinerator odor control. HDR Engineering, Inc. was retained in the summer of 1989 to design the improvements necessary for implementation of the RSM recommendations. This comprehensive project contained new sludge processing equipment, new odor control equipment for the solids processing building, rehabilitation of the incinerators, and new incinerator emission control equipment including afterburners. Since the Development Agreement requires completion of incinerator odor control by October 1, 1991 and completion of the remainder of the project by July 31,1993 it was originally planned that the incinerator work be designed and constructed as an independent project which would meet the 1991 deadline. However, designing and constructing the incinerator odor control and remaining sludge processing improvements as two separate projects carried the risk of unacceptable coordination problems. Operation of the incinerators is directly related to the other associated sludge handling processes and support facilities in the solids processing building. Consequently an integrated design effort was required to ensure continuity of the design parameters for all of the process equipment and to minimize potential coordination conflicts during design and construction. Therefore the decision was made to defer the preparation of construction documents for incinerator odor control until after a comprehensive design report could be written which addressed all other improvements p in the solids processing building. Equal Opportunity/Affirmative Action Employer Mr. Thomas Hedges Page Two January 22, 1991 The subsequent design report issued by HDR and transmitted to the city in March, 1990 noted the fact that incinerator improvements could not be completed by October 1, 1990 but also suggested options for completing the work as soon as possible. Most notably it was recommended that incineration equipment be prepurchased under separate procurement contracts. This will facilitate early fabrication and delivery allowing installation to begin immediately after execution of the construction contract. The current schedule is as follows: February, 1991 Award contract for purchase of incinerator odor control equipment September, 1991 Award contract for construction of improvements to the Seneca solids processing building November, 1991 Begin Installation of incinerator odor control equipment December 31, 1992 Complete incinerator odor control improvements July 31, 1993 Complete all improvements to the Seneca solids processing building The completion date for incinerator odor control has also been delayed because of time required for evaluation of design modifications which were made following completion of the design report. These changes relate to heat recovery and sludge dewatering and are expected to result in a more reliable and cost effective installation. The heat recovery changes were outlined in our letter to you dated August 10, 1990. The other change relates to the selection of sludge dewatering equipment. Gravity belt thickeners and belt filter presses were originally selected for sludge thickening and dewatering. During the design phase (preparation of plans and specifications) we evaluated the use of centrifuges as an alternative for sludge processing. This evaluation resulted in a several month delay in the schedule however the subsequent decision to install centrifuges has two significant advantages. Because of recent improvements in centrifuge technology, a drier sludge will be produced resulting in reduced consumption of natural gas and a corresponding energy savings in excess of $1,000,000 over the life of the project. Enhanced building odor control is another important benefit. Gravity belt thickeners and belt filter presses expose the sewage to atmosphere over large surface areas. This equipment would likely have been the single highest source of odors in the solids processing building. With centrifuges, all of the sludge is contained in sealed equipment. Atmospheric odor releases are virtually eliminated by conveying all vented gases through an enclosed piping system to the new odor control equipment. (I) Mr. Thomas Hedges Page Three January 22, 1991 Transmitted for your information and independent review by the city's engineering consultant are the following documents which further describe the aforementioned design modifications: - Technical Memorandum Seneca Sludge Handling Improvements Preliminary Centrifuge Evaluation - Technical Memorandum Seneca Sludge Handling Improvements Additional Thickening and Dewatering Information Addendum No. 1 Technical Memorandum No. 7 Seneca Sludge Handling Improvements Incinerator Odor Control and Emission Improvements Evaluation At your convenience we would like to further review these issues and discuss the potential need for an amendment to the Eagan Development Agreement. Please do not hesitate to call if you have any questions. Very truly yours, Gordon O. Voss Chief Administrator GOV:HPV: jle L4 .HPV cc: Jeanne Mattross Pauline Langsdorf Rebecca Flood Jim Wawra Ray Payne Will Haapala Bryce Pickart Seneca Odor Advisory Committee '-y!) _ Metcalf & Eddy Services, Inc. A Metcalf&Eddy Company February 8, 1991 Mr. Thomas Hedges City Administrator City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122-1897 Re: Seneca Sludge Handling Improvements and Completion Schedule Dear Mr. Hedges: Per your request, I have reviewed the information submitted to you by the MWCC regarding the Seneca Plant solids handling design modifications and the proposed completion schedule, and offer the following comments. My review deals specifically with 1) the rationale for the design modifications, 2) the proposed technology and 3) the implications of the modified completion schedule. The review is based on information contained in the following documents: • 1) Technical Memorandum No. 7 Addendum No. 1 dated 6/28/90 2) Technical Memorandum dated 8/7/90 3) Technical Memorandum dated 10/16/90 4) MWCC letter dated 1/22/91 These documents are, for the most part, interrelated and are the result of a number of changes associated with the Seneca Plant expansion project. However, the primary change, that has prompted recent modifications to the original incinerator and sludge handling design improvements, is that of the MWCC's revised long range sludge management plan. _ - _ _ 9- • -- -. E-- --- - Rationale For Modifications 1) Technical Memorandum No. 7 Addendum No. 1 was previously reviewed and commented on by this writer on 9/28/90. The purpose of the addendum was to update the incinerator improvement recommendations that were made in the original KDR design report. Specifically, to utilize an alternative technology to the original RBOX system, that would be able to meet the air permit requirements for the Seneca incinerators yet remain cost effective. The cost effectiveness of the various technologies became quite pronounced when sludge incineration assumptions were based on 60%, with the balance going to land application, as opposed to the original assumption of 100% sludge incineration. Again, this was the result of a revised operating plan by the MWCC regarding sludge management options. The conventional afterburner system recommended in Addendum No. 1 appeared to meet the necessary criteria of environmental compliance, reliability, and overall cost effectiveness. 2&3) The Technical Memorandums dated 8/7/90, and 10/16/90, address the issues of sludge thickening and dewatering, and offer consideration of centrifuges as an alternative technology that may be capable of producing a dryer sludge cake. The desire for a dryer sludge cake is directly related to its compatibility with the revised incinerator conventional afterburner arrangement, and the economics of its operation. The memorandums provide an analyses of factors associated with the dewatering equipment which includes performance, operational costs, maintenance costs, power consumption, chemical usage, land application, capital costs, odor control, and the overall impact on the construction schedule. The memorandums describe the advantages and disadvantages of belt presses and centrifuges and also provide a financial or present worth summary of the two technologies. The centrifuge (2) V application appears to be somewhat more cost effective in most catergories, with the exception of incineration costs, where substantial savings are projected in natural gas consumption. The present worth summary indicates that centrifuges could provide a significant economic savings over the life of the project. The memorandum also acknowledges the fact that, due to variables and assumptions, equipment selection should not be based solely on the present worth value. However, if all other factors are considered equal, then cost effectiveness merits strong consideration and justification for pursuing alternative technologies. 4) The MWCC letter dated 1/22/91, basically recaps the circumstances that have led to the revisions and modifications in the sludge handling and incinerator improvements. The circumstances include the revised sludge management plan, which prompted a reevaluation of incinerator improvement technology, which in turn prompted a reevaluation of sludge thickening and dewatering technology. The letter is straightforward in its assessment of these circumstances and acknowledges the fact that the revisions, and subsequent construction coordination problems, have resulted in delays in the design and construction completion schedule. As a result, the MWCC has provided a revised completion schedule and has indicated a potential need for an amendment to the Development Agreement. Proposed Technology Centrifuges have long been used for the thickening and dewatering of sludges. Technological improvements have made this equipment capable of producing a higher solids sludge cake that is equal to, and in some cases better than, that which is produced by belt filter presses. Based on the comparisons contained in the technical memorandums, the centrifuges offered a substantial savings in overall costs, particularly in the area of incinerator operation and related natural gas consumption. The centrifuges would also appear to offer some advantages in the area of odor control capability, which (3) /--1 ■—) is a primary concern in the solids handling building as well as the entire project site. The centrifuges would limit the amount of sludge that is exposed to the atmosphere, since it is contained in sealed equipment, thereby reducing the volume of odorous air that will require treatment. Centrifuges are a proven and sound technology and, in the case of the Seneca Plant expansion, would appear to offer a number of attractive advantages. Summary - Implications Of The Modified Completion Schedule As was stated earlier, the MWCC has acknowledged that they will be unable to have the incinerator odor control improvements completed by October 1, 1991. The reasons for this have been described in their correspondence, as well as in this report. I believe it is important to understand that the delay is not due to indecisiveness or procrastination on the part of the MWCC, but rather from their diligence in evaluating and pursuing the best available and most cost effective technologies. The term "cost effective" is often times referred to when evaluating wastewater treatment equipment or any other major capital expenditure. However, this should not be construed to signify cheaper and therefore less effective technologies. The MWCC has a fiduciary responsibility to its rate payers and must incorporate all factors, including financial considerations, into its overall assessments of capital expenditures such as the Seneca Plant expansion project. The delays in the completion schedule are directly attributable to the time required for the careful evaluation of the various technologies that are available today. The modified completion schedule indicates that the incinerator odor control improvements would not be completed until December 31, 1992, but that the entire solids processing improvements project would be completed by July 31, 1993, which is in accordance with the Development Agreement. It is possible that this delay might have some negative impact, regarding incinerator odor control, since the completion schedule extends through II (4) the warm weather months of 1992. However, it is hoped that a benefits balance can be realized when viewing the expansion project from an overall and long range perspective. Based on the information provided, I believe that BDR and the MWCC have selected a viable technological alternative, and have tried to establish a realistic project completion schedule in an attempt to satisfy both local and regulatory agency time constraints. The benefits balance, associated with the incinerator improvements delay, is that of increased operating efficiencies and enhanced odor control capabilities over the long term life of operations at the Seneca Plant. If you should have any questions or require further information, please do not hesitate to contact me. Sincerely, METCALF & EDDY SERVICES, INC. ( '7 c( John Wood Midwest Area Manager • (5) _L•_ Metcalf & Eddy Services, Inc. A Metcalf&Eddy Company rte►-r, '"T C at n September 28, 1990 Mr. Thomas Hedges City Administrator City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122-1897 Re: Seneca Sludge Handling Improvements - Addendum Number One Dear Mr. Hedges: Per your request, I have reviewed Addendum Number One regarding Technical Memorandum No. 7 of the Seneca Sludge Handling Improvements Design Report, and offer the following comments. The purpose of the addendum is to update the incinerator improvement recommendations that were made in the original RDR design report. That report recommended the use of a recuperative heat exchanger/afterburner in RHOX (Reheat Oxidize mode) system for achieving odor and emission control. The RHOX system was selected based on criteria that included health risks and environmental impact, reliability, cost effectiveness, and energy utilization. Although it was noted that the RHOX system's wet electrostatic precipitator had not previously been utilized within air pollution control equipment for sewage sludge incinerators, this writer concurred that it would be a viable and cost effective system for achieving odor abatement and emissions control. The original design report evaluated four technologies for incinerator improvements based on an assumption that 100% of the sludge generated at the Seneca Plant would be incinerated. 100% incineration of the sludge favored the RHOX system because of its innovative heat recovery system, 2—��.>: €-2.9:-.7 2 which would reduce the high energy costs associated with operation of the afterburners, and its ability to meet odor and emission control standards. However, a further review of the heat balance calculations and anticipated changes in future sludge management options prompted a reassessment of the original recommendation. The MWCC is now basing their assumptions on incineration of 60% of the sludge with the balance going to land application, therefore reducing the energy consumption of the afterburners accordingly. Due to the projected lower incineration rates, the RHOX's heat recovery system is no longer considered to be cost effective. The evaluation matrix in the original design report probably gave a false sense of objectivity, which favored the RHOX process regarding cost effectiveness and energy utilization, when 1007 sludge incineration was used as the basis of evaluation. It was therefore necessary, based on revised operating standards, for the MWCC and HDR to reevaluate incinerator improvements that would meet the objectives of odor and emissions control yet remain cost effective. Three options were evaluated which included zero hearth afterburning, conventional afterburners, and the RHOX process. Each of these options were further evaluated to address scenarios pertaining to excess air rates, flue gas cleanup (venturi or venturi with wet electrostatic precipitator), afterburner temperatures, and percentage of sludge incinerated. In all, project costs were developed for eight installation alternatives. The alternative selected was the conventional afterburner utilizing only ambient air for combustion, replacement of the existing flue gas equipment and the addition of a venturi scrubber. Addendum Number One states that the recommended odor and emission control configuration is based on the most cost effective process which will meet the expected permit requirements for the Seneca WWTP incinerators. (2) Analysis The conventional afterburner system is considered a proven method for odor control, with many successful installations around the country, and should meet present odor control and emissions requirements. The proposed system does not include an electrostatic precipitator, although space is provided for one in the event it would be required in the future due to more stringent sludge incineration regulations. It should be noted that an electrostatic precipitator is not necessary to meet current emission standards, although it would trap additional emission particulates beyond that required by current rules, and plays no significant role in odor control capabilities. The electrostatic precipitator used in the original RHOX system was intended mainly to protect the sensitive heat recovery equipment. Therefore, there is no significant difference in odor control capabilities between the RHOX system and the proposed conventional afterburner system. Equipment selection must be based on a number of factors which include environmental compliance, reliability, and overall cost effectiveness. The recommended conventional afterburner system meets this criteria when evaluated on 1) expected air quality permit requirements, 2) proven technological performance, and 3) present worth cost comparison based on 60% sludge incineration at 1200 degrees F to 1400 degrees F. It is this writers understanding that the afterburner design range will still be 1200 to 1600 degrees F for temperature control. In the event that greater quantities of sludge are incinerated, or higher temperatures are needed for odor control, then the cost effectiveness of the conventional afterburner system becomes less attractive due to increased operating costs related to energy consumption. Although energy consumption would be higher, the application still remains sound due to the venturi scrubber's compatibility with EPA regulations and an afterburner temperature operating range that is suitable for the destruction of odorous compounds. (3) Summary Based on the information provided, I believe that EDR and the MWCC have selected an appropriate alternative for incinerator improvements at the Seneca Plant. The Addendum is the result of refined economic evaluations and a revised operating plan regarding future sludge management practices. The Addendum focused in more detail on the cost effectiveness of the various systems, yet did not jeopardize the odor and air emissions capabilities of the processes. Again, I believe the conventional afterburner system should provide an adequate mechanism for achieving odor abatement and emission control. If you should require any further information, please do not hesitate to contact me. Sincerely, METCALF & EDDY SERVICES, INC. `;mot. v John Wood Midwest Area Manager (4) 1)7?—)' 2•_ Metcalf & Eddy Services, Inc. A Metcalf 8 Eddy Company July 18, 1990 l5 © l5 0 w E ,�I U ! l � JUL 2 01990 1,1 1� Mr. Thomas Hedges L.",/ City Administrator City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122-1897 Re: Seneca Sludge Handling Improvements Design Report Review Dear Mr. Hedges: Per your request, I have reviewed the aforementioned document prepared by HDR Engineering, and submitted by the MWCC to the City of Eagan, and offer the following comments. My review dealt specifically with the rationale and design concept of the odor control systems incorporated into the sludge handling facilities, and overall compliance with provisions of the Development Agreement. The four Technical Memorandums (T.M.) that were addressed in this review include the following: T.M. No. 4 Odor Control for Ventilation Air T.M. No. 5 Chemical Stabilization of Sludge T.M. No. 7 Incinerator Odor and Emmission Improvements T.M. No. 14 Equipment Procurement and Project Schedule T.M. No. 4 Odor Control for Ventilation Air The purpose of this document is to present proposed odor reduction actions to be implemented for the Solids Processing Unit at the Seneca WWTP. The following major areas from which ventilation air is to be treated are: . Sludge Storage Tanks . Gravity Belt Thickener/Belt Press Area . Sludge Loadout Area . Dewatered Sludge Storage Bins • It was also suggested the ventilation air from the cake pumping area be scrubbed as well. In review of the Solids Processing Unit at the Seneca WWTP, it is suggested all five of these be addressed with ventilation air scrubbing. The proposed ventilation air treatment system consists of a two-stage wet scrubber system. The technology utilized is sound and should accomplish the intended purpose which is to achieve odor abatement in the ventilation air stream. This technology has been successfully utilized in numerous similar applications and has achieved favorable results. HDR has proposed a ductwork configuration that will allow several modes of scrubber operation (i.e. , two-stage series, two-stage parallel, single- stage, or bypass) . This proposed layout will provide a great deal of flexibility in regard to operating the scrubbers to match the odor control requirements. In addition, the design provides for redundant exhaust fans and scrubber recirculation pumps which will allow a standby unit to be utilized should one unit fail. This should provide sufficient back-up to assure uninterrupted operation. In summary, I feel the proposed ventilation air treatment system for the Seneca Sludge Handling Facilities will prove to be a viable and cost effective system for achieving odor abatement. T.M. No. 5 Chemical Stabilization of Sludge The purpose of this document is to evaluate the chemical stabilization of sludge produced at the Seneca WWTP. On review of the document, I concur that a highly alkaline environment will inhibit or destroy microorganisms (2) (1 involved in the anaerobic decomposition processes which produce odorous gases, and the pathogens which cause diseases in humans. I further recognize this is a process which is used worldwide with a high degree of success. The incorporation of chemical stabilization of sludge will add flexibility to the sludge handling facilities at the Seneca WWTP in the event of incincerator failure or downtime. The recommendation of the document is too provide facilities to utilize two chemicals for the purpose of sludge stabilization. These chemicals are quicklime and cement kiln dust. Both of these chemicals have proven to be very effective in this application. The design considerations appear to be sound based on a review of the data provided. The application rates, which these facilities are designed around, meet requirements to destroy pathogens and odorous gas producing microorganisms in wastewater sludges per U.S. EPA Process Design Guidelines. It should be noted that the advent of possible holding times of chemically stabilized sludge was also addressed in the document. This could be an issue if ultimate disposal were delayed. Provisions are recommended for direct loadout facilities of chemically stabilized sludge as well as a chemically stabilized sludge storage hopper. The extended storage issue of chemically stabilized sludge was taken into consideration in the design parameters. This is important because extended storage of chemically stabilized sludge can result in the possibility of renewed putrefaction, resulting in odor problems if sufficient design considerations are not made. The measures to prevent such an occurence are to provide facilities of enough capacity to allow sufficient chemical dosages to address this issue as follows: SUGGESTED DOSING RATES * DESIGN CAPABILITIES 0.30 - 0.50** Quicklime max. 0.50** 0.50 - 0.84** Cement Kiln Dust max. 0.50** * Taken from U.S. EPA Process Design Manual ** Pounds per Pound of Dry Solids (3) g 62 In summary, I feel the proposed chemical stabilization capabilities for the Seneca Sludge Handling Facilities will prove to be a viable and cost effective method for achieving odor abatement as well as providing greater sludge handling flexibility. T.M. No. 7 Incinerator Odor and Emission Improvements The purpose of this document is to present the proposed incinerator odor and emission improvements to be implemented for the Sludge Handling Processes at the Seneca WWTP. The recommendation of the document is to utilize the existing multiple hearth incinerators, with necessary modifications to upgrade and update the equipment to address proposed new EPA regulations for sludge use and disposal (40 CFR Parts 257 and 503). All existing sewage sludge incinerators will be required to comply with the new health-risk-based regulations. Four technologies were evaluated to address the issues of elimination of odors and volatile organic compounds, of concern to protect the public health. The technologies evaluated in the selection of alternatives included the following concepts: . Conventional afterburner system with wasteheat recovery . Modified Anderson Recycle system with air preheat . Recuperative heat exchanger/afterburner in RHOX (Reheat Oxidize mode) . Regenerative heat exchanger/afterburner in RHOX mode This document recommends the recuperative heat exchanger/afterburner in RHOX. This recommended system will incorporate the use of a wet electrostatic precipitator which will precede the heat exchanger/afterburner to allow use of this most efficient alternative. It should be noted that electrostatic precipitators have not previously been utilized within air pollution control equipment for sewage sludge incinerators. However, the proposed RHOX system was recently granted U.S. Patent No. 4,901,654 for sludge incinerator stack gases, and has been selected for installation by two treatment facilities (4) 51-7 • (see attachment) . The technology is sound for the application, and has been used very successfully for removing metal particulates from gas streams produced by various other processes. The wet electrostatic precipitator is an efficient fine particulate scrubber. It will be preceded by a Venturi scrubber that serves as a first stage coarse particulate scrubber, and an impingement plate aftercooler designed to remove hydrochloric acids and sulfur dioxides as well as reduce air mass. This cleaned and scrubbed gas will allow the utilization of the recuperative heat exchanger to reheat and oxidize the volatile organic compounds. By utilizing efficient particulate scrubbing equipment, volatile metals will be captured in the scrubbing system thereby reducing volatile metals content in the emissions. The recuperative heat exchanger is proven technology having been used with fluid bed type sewage sludge combustors. With the addition of efficient gas scrubbing, this technology should also perform adequately with the multiple hearth incinerator. In summary, I feel the proposed incinerator odor and emission improvements for the Seneca Sludge Handling Facilities will prove to be a viable and cost effective system for achieving odor abatement and emission control. T.M. No 14 Equipment Procurement and Project Schedule The purpose of this document is to discuss the project schedule and the procurement of major equipment items. The report acknowledges the requirements of the Development Agreement between the MWCC and the City of Eagan regarding improvements to the Solids Processing Unit (i.e. , incinerator odor control improvements are to be operable by October 1, 1991, and remaining sludge processing improvements are to be constructed by July 31, 1993). Two alternatives are presented in the report to address the issue of the completion dates. (5) Alternative No. 1 requires two separate construction contracts for the completion of all sludge handling improvements. One contract would be for the incinerator improvements and modifications, and the other for the equipment and building modifications. Alternative No. 1 poses the potential problem of having three separate contractors working in the solids building concurrently. Also, there is concern about overlap of work in the areas of instrumentation, electrical and lighting, thereby making contractor responsibilities more difficult to clearly assign. Figure 1 from the NDR report (a copy of which is attached) indicates that incinerator improvements under Alternative No. 1 would have a projected construction completion date of August, 1992, with completion and compliance certification by October, 1992. The projected construction completion date for the remaining sludge handling improvements would be July, 1993, with completion and compliance certification by August, 1993. Alternative No. 2 proposes to let a separate procurement contract for long lead time equipment items, and a single installation contract for the entire solids processing improvement project. Some of the major equipment items have lead times ranging from fourteen (14) to thirty (30) weeks following approval of drawings. Upon execution of the separate equipment contracts, a schedule would be set to ensure that certified and approved drawings were received within a specified time frame for incorporation into the final design. This approach would allow the contractor for the liquids phase expansion to have the work essentially completed in the areas required for construction of the solids processing improvements. Figure 2 from the NDR report (a copy of which is attached) indicates that incinerator odor improvements under Alternative No. 2 would have a projected construction completion date of March, 1992. The projected construction completion date for the remaining sludge handling improvements would be July, 1993, with completion and compliance certification the same month. (() °\ (6) HDR has recommended Alternative No. 2 as the method to most efficiently complete the Sludge Handling Improvements. I concur with their assessment, as this approach appears to offer better control and a more coordinated effort regarding the entire Sludge Handling Improvements project. It must be noted, however, that neither of the Alternatives will provide for completion of the incinerator odor control improvements by October 1, 1991, as required in the Development Agreement between the MWCC and the City of Eagan. Alternative No. 2 projects that the incinerator odor control improvements would be completed six (6) months beyond this date, but that the entire project would be completed by July, 1993, as specified in the Development Agreement. There have been a number of factors that have impacted the overall Seneca Plant Expansion Project schedule. It appears that HDR and the MWCC have tried to establish a realistic and obtainable project schedule in an attempt to satisfy both local and regulatory agency time constraints. Summary information contained in the aforementioned documents Based on the i documents, I believe HDR and the MWCC have developed a sound engineering plan to address the proposed improvements to the Seneca Sludge Handling Facilities. I consulted scientists and engineers from our design group on all aspects of the proposed improvements, and all concurred that the proposed methodologies and technologies were sound, and should prove to be adequate to achieve acceptable odor abatement. Metcalf & Eddy is pleased to continue to be of assistance to the City of Eagan. If I can provide any further information, please don't hesitate to contact me. Sincerely, METCALF & EDDY SERVICES, INC. 12(14,(4L ///4/(142 John Wood Midwest Area Manager (7) 9 if C- / e'en 7; /9,0 GvoC� ,/G/f/i/iW S , g Immemilammommilamerummemarammum WPCF Members Obtain Patent °"-time WPCF members Allen Colmar,Pa,.and)oint Meeting of Union • Eaturay of Carlson Associates and Essex Counties, Elizabeth, NJ . Technical Services, Inc. in Manassas, have decided to employ new multiple Va. and Orris E.Albertson of Enviro hearth furnaces operating in the RHOX Enterprises, Inc. in Salt Lake City, Utah mode. Both plants selected the multiple- were granted U.S.Patent No.4.901.654. hearth RHOX concept because of Their patented process reduces the compatibility with the sludge feed,ease concentration of heavy metals and of frcding and handling screenings and • gaseous organic contaminants contained grit, k,wer auxiliary fuel requirements, in sludge incinerator stack gases and ability to meet rigorous emission covers both countercurrent (multiple limitations,and ability to handle ash In hearth furnace and rotary kiln) and dry form.The last criterion.,ash handle single-stage furnaces (fluid bed wrasofpa�cularimpory�roHatficld. combustor).The novelty of the process The consensus was to choose the is in the fuel saving. The process multiple hearth furnace employing the upgrades the quality of the stack gases new process versus the fluid bed and Its at a 74-900/0 savings in fuel consumption difficuh-to-handle wet ash system. compared to conventional high For more information, contact Lisa temperature(15004800•F)afterburning Albertson,Marketing Director,P.O.box practices of the multiple hearth furnace. 6OS41.Salt Lake City,Utah 84165.0341, Two) plants • Hatfield Township, telephone(801)265-0133. • • • 01 Z O N • p, _ _'¢— PIZ N 1 O 1. `t , :: ..... 1 r. • rr P PI I M M 'I. g N E> IT O `qw _( �a:; yam„': E' a,. 3 P a i P 1 4r c ~ 1.1.1 a i l / o �''`� -+ ..,r.- , r J •„• L '.. • f: d < >a: T 8 a 6 • . Ci / 6 iE 1 i I 1 I - H 1 I It I 1 t I! • 94:c. , • o Z 0 . - _ 4 , , © . G. — s < it \ -I o $ «_ 0 \. - # « § } . II itt . ƒ Co. § a � -, $ -�; / 2 : �� $ i UI_ k lia � | V �/ . t ' , f ® _may tiv■ ��/ *, . « . ® $, • >¥ \_.* + ▪ 7 \a k .g..- • _ : .\ -- \ _a 6 • ` ■ f . . . I ■ . . a ■ - ■ 's i i 1 11 ii 2 $ 7 i i $ i 1 1% I - _ . ii - . L e i il 1 i § I ii i i i i■ e. 1-\� . _ cd1.. , `,_ Agenda Information Memo March 5, 1991 City Council Meeting CITY CODE AMENDMENT/PAWN SHOP REGULATION & LICENSING C. Amendment, Ordinance, Chapter 6, Other Business Regulation & Licensing, Section 6.44 Pawn Shops--At its meeting on February 5, 1991, the City Council considered the above-referenced amendment and continued it to the February 19, 1991 meeting, with specific direction to City staff to research certain issues raised at the meeting. Legal Counsel advised staff at that time that a new ordinance was being drafted for the City Council's consideration. Because the draft was not available in time for the February. 19 meeting, the item was formally continued to the March 5, 1991 regular City Council meeting. / A copy of the proposed revised or finance is enclos90 on pagesq through A9 for your review. Also enclosed on pages h7 through /0d is a copy of the City Council minutes of February 5, 1991 relative to is business item. A license fee of $1,500 per year and investigation fee of $350 was originally proposed by staff in this regard. Counsel and staff have since discussed whether the fee would be sufficient to cover administrative costs relative to this matter. ACTION TO BE CONSIDERED ON THIS ITEM: 1) To approve or deny an ordinance amendment to Chapter 6 of the City Code, Other Business Regulation & Licensing, Section 6.44, Pawn Shops and 2) to set an appropriate license and investigation fee in this regard. • q V ORDINANCE NO. END SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 6 ENTITLED "OTHER BUSINESS REGULATIONS AND LICENSING" BY ADDING SECTIONS 6. THROUGH 6. REGARD ING PAWN SHOPS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99. The City Council of the City of Eagan does ordain: Section 1. That Sections 6. through 6. of the City Code are hereby adopted and shall read as follows: Table of Contents Sec. 6. Definitions. Sec. 6. License Required. Sec. 6. Initial License Application. Sec. 6. Renewal Applications. Sec. 6. Execution of Application. Sec. 6. Granting Licenses. Sec. 6. License Fees Established. Sec. 6. Payment of Fees. Sec. 6. Bond Required. Sec. 6. Persons and Places Ineligible for License. Sec. 6. Conditions of License. Sec. 6. Restricted Hours of Operation; Minors. Sec. 6. Inspection. Sec. 6. Corporations, Partnerships or Associations. Sec. 6. Refusal, Suspension and Revocation. Sec. 6. Penalty. Sec. 6. DEFINITIONS. The following words and terms when used in this Chapter shall have the following meanings unless the context clearly indicates otherwise: Licensee: The person to whom a license is issued under this Chapter including any agents or employees of the person. Minor: Any natural person under the age of 18 years. Pawnbroker: A person who loans money on deposit or pledge of personal property or other valuable things or who deals in the purchasing of personal property or other valuable things on condition of selling the same back again at a stipulated price or who loans money secured by security interest on personal property or any part thereof. lS Chief of Police or Police Officer: City of Eagan Police Chief, police officer or designee. Sec. 6. LICENSE REQUIRED. No person shall exercise, carry on or be engaged in the trade or business of pawnbroker without first obtaining a license from the City as provided in this Chapter. Sec. 6. INITIAL LICENSE APPLICATION. (a) General: Applications for pawnbrokers' licenses to be issued under this Chapter shall contain information as required on forms prescribed by the City Clerk. Applications shall be filed with the City Clerk. (b) Nature of Application: The application shall state whether the applicant is a natural person, corporation, partnership or other form of organization. (c) Natural Person: If applicant is a natural person, the following information shall be furnished: (1) True name, place and date of birth and street residence address, and length of time at that address, of applicant. (2) Whether applicant has ever used or been known by a name other than his true name and, if so, what was such name or names, and information concerning dates and places where used. (3) the name of the business if it is to be conducted under a designation, name or style other than the full individual name of the applicant. (4) Kind, name and location of every business or occupation applicant has been engaged in during the preceding five (5) years. (5) Names and addresses of applicant's employers and partners, if any, for the preceding five (5) years. (6) Whether applicant has ever been convicted of a felony, gross misdemeanor or misdemeanor including violation of a municipal ordinance, but excluding traffic violations, and if so, the date and place of conviction and the nature of the offense. lX (7) If applicant has not resided in the City for three (3) years last preceding the date of application, at least four (4) character references. (d) Partnership: If applicant is a partnership, the names and addresses of all partners and all information concerning each partner as is required of a single applicant in Subsection (c) of this Section. A managing partner, or partners, shall be designated. The interest of each partner in the business shall be disclosed. (e) Corporation: If applicant is a corporation or other association, the following information shall be required: (1) Name and, if incorporated., the state of incorporation. (2) A true copy of the certificate of incorporation, articles of incorporation or association agreement and by-laws and, if a foreign corporation, a certificate of authority as described in Minnesota Statutes. (3) The name of the operating officer or proprietor or other agent in charge of the premises to be licensed, giving all the information about said person as is required of a single applicant in Subsection (c) of this Section. As used in this Chapter, the term "operating officer" shall mean the person responsible for the day-to-day operating decisions of the licensed premises. (4) A list of all persons who, singly or together with their spouse, or a parent, brother, sister or child or either of them, own or control an interest in said corporation or association in excess of five percent (5%) or who are officers or directors of said corporation or association, together with their addresses and all information as is required of a single applicant in Subsection (c) of this Section. (f) Description of premises: (1) Legal Description: The exact legal description of the premises to be licensed, together with a plot plan of the area for which the license is sought showing dimensions, location of buildings, street access parking facilities. (2) Street Address: The street address of the premises for which application is made. l ;✓ (g) Taxes: Whether or not all real estate taxes, assessments, or other financial claims of the City, State or Federal government for the business and premises to be licensed have been paid, and if not paid, the years for which delinquent. (h) Other Information Required: Such other information as the City Council shall require. Sec. 6. RENEWAL APPLICATIONS. (a) License Period, Expiration: Each renewal license shall be issued for a maximum period of one year. All licenses shall expire on December 31 of each year. (b) Time of Making Application: Applications for renewal of an existing license shall be made at least ninety (90) days prior to the date of the expiration of the license, and shall state that everything in the prior applications remains true and correct except as otherwise indicated. The City will mail application forms to existing licensees approximately one hundred twenty (120) days prior to expiration of the licenses. If, in the judgment of the Council, good and sufficient cause is shown by any applicant for failure to file for a renewal within the time period provided, the Council may, if the other provisions of this Chapter are complied with, grant the application. Sec. 6. EXECUTION OF APPLICATION. If application is by a natural person, it shall be signed and sworn to by such person; if by a corporation, by an officer thereof; if by a partnership, by one of the general partners; if by an incorporated association, by the operating officer or managing officer thereof. If the applicant is a partnership, the application, license and bond shall be made and issued in the name of a 11 P artners. Any false statement in an application shall result in denial of the application. Sec. 6. GRANTING LICENSES. (a) Investigation: At the time of making an initial or renewal application, the applicant shall, in writing, authorize the Eagan Police Department to investigate all facts set out in the application and do a personal background and criminal record check on the applicant. The applicant shall further authorize the Eagan Police Department to release information received from such investigation to the City Council. The applicant shall have an opportunity to review such information before it is released to the City Council. (b) Vote Required: After such investigation, the Council shall grant or refuse the application. (c) Each license shall be issued to the applicant only and shall not be transferable. (d) Each license shall be issued only for the premises described in the application and shall not be transferable to a different location. (e) No change in ownership, control or location of a license shall be permitted except by amendment to the license which amendment must be approved by the City Council. Sec. 6. LICENSE FEES ESTABLISHED. (a) Annual Fees: The annual license fee for licenses required by this article shall be in the amounts as specified in Section (b) Investigation Fees: At the time of each original application for a license, applicant shall pay, in full, an investigation fee. The investigation fee shall be as specified in Section 6. . If any investigation outside the State of Minnesota is required, the applicant shall be charged the cost which shall be paid by the applicant, prior to issuance of a license, after deducting the initial investigation fee, whether or not the license is granted. Sec. 6. PAYMENT OF FEES. (a) Initial Fees: The annual license and investigation fees for a new license shall be paid in full before the application for the license is accepted. Upon rejection of any application for a license or upon withdrawal of an application before approval of the issuance by the Council, the license fee only shall be refunded to the applicant except where rejection is for a willful misstatement in the license application. (b) Renewal Fees: The annual license fee for renewal of a license shall be paid in full at the time the renewal application is filed with the Clerk. C;(61 Sec. 6. BOND REQUIRED. At the time of filing an application for a license, the applicant shall file a bond in the amount of Five Thousand Dollars ($5,000) with the City Clerk. The bond, with a duly licensed surety company as surety thereon, must be approved ass to form by the city attorney. Said bond must be conditioned that the licensee shall observe the ordinances of the city, in relation to the business of pawnbroker, and that the licensee will account for and deliver to any person legally entitled thereto any articles which may have come into the possession of the licensee as pawnbroker or in lieu thereof such licensee shall pay the person or persons the reasonable value thereof. Sec. 6. PERSONS AND PLACES INELIGIBLE FOR LICENSE. (a) No license shall be granted to or held by any person who: (1) Is a minor at the time the application is filed; (2) Has been convicted of any crime directly related to the occupation licensed, as prescribed by Minnesota Statute 364 . 03 , Subd. 2, and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of a pawnbroker as prescribed by Minnesota Statutes 364. 03 , Subd. 3; (3) Is not a citizen of the United States or a resident alien; (4) Holds an intoxicating liquor license under Chapter 3 of this Code; or (5) In the judgment of the Council, is not the real party in interest or beneficial owner of the business operated, or to be operated, under the license. (b) No license shall be granted or renewed for operation on any premises on which real estate taxes, assessments or other financial claims of the City or of the State are due, delinquent, or unpaid. If an action has been commenced pursuant to the provisions of Minn. Stat. Chapter 278, questioning the amount or validity of taxes, the Council may on application by the licensee waive strict compliance with this provision; no � waiver may be granted, however, for taxes, or any portion thereof, which remain unpaid for a period exceeding one year after becoming due unless such one year period is extended through no fault of the licensee. LuO Sec. 6. CONDITIONS OF LICENSES. (a) Records: Every licensee, at the time of receipt of an article deposited, left, sold, purchased, pledged or pawned, shall immediately record, in a book consisting of ink, computer printout or other indelible medium, the following information: (1) An accurate description of the article, in English; and nay numbers written, stamped, impressed or engraved thereon together with the name of the manufacturer if the name is on the article; (2) the amount of money loaned upon or pledged therefor; (3) The date, time and place of receipt of the item; (4) The name, residence address, date of birth and reasonably accurate description of the person from whom the item was received; and (5) The identification number from one of the following forms of identification of the person from whom the item was received: i. A valid Minnesota driver's license; ii. A valid Minnesota identification card; or iii. A valid photo identification issued by the state of residency of the person from whom the item was received and one other form of identification. (b) Disposition of Articles: When any article is sold or disposed of by the licensee, the records shall contain an account of such sale with the date thereof, interest and charges accrued, the amount for which the article was sold and identification of the person to whom sold as specified in Section 6. hereof. (c) Inspection of Records: The records referred to in this section shall be open to the inspection of the City police officer at all reasonable times and shall be retained by the licensee for at least four (4) years. (d) Receipt: Every licensee shall deliver to the person pawning, pledging, selling, leaving or depositing any articles, a certificate numbered to correspond with the entry in the licensee's records. The certificate shall contain the substance of the entry. • (e) Reports to Police: Each licensee shall prepare and deliver to the Chief of Police, every day before 12 :00 noon, on forms prescribed by the City Clerk, a legible, correct and complete copy from the records hereinbefore required, and a true and correct account of all personal property or other valuables received, deposited, purchased, pledged, pawned, sold or otherwise disposed of during the preceding day. The report and description shall be signed and delivered, in person, by the person making the report to the Chief of Police unless otherwise directed, in writing, by the Chief of Police. (f) Exceptions to Reports: No person shall be required to furnish descriptions of any property purchased from manufacturers and wholesale dealers having an established place of business or of any goods purchased at an open sale from any bankrupt stock or from any other person doing business and having an established place of business. Any goods referred to in this section must be accompanied by a bill of sale or other evidence of open or legitimate purchase and must be shown to the City police department when demanded. (g) One Hundred Twenty-Day Redemption Period: Any person pledging, pawning or depositing an article for security shall have a minimum of one hundred twenty (120) days from the date when the loan or pledge becomes due and payable to redeem the article before the article becomes forfeitable. (h) Minimum Period Before Redemption or Sale: No personal property on deposit with any licensee nor property purchased by or sold to, or in any other ways coming into the possession and under the control of any licensee in the due course of business, shall be permitted to be redeemed from the place of business of the licensee for a period of seventy-two (72) hours, nor shall the property be sold within ten (10) days after the copy and statement required to be delivered to the Chief of Police has been delivered. (i) Police Restrictions on Sale: Whenever the Chief of Police shall notify any licensee not to sell or permit to be redeemed any articles received on deposit or purchased by the licensee, the articles shall not be permitted to be redeemed or sold until such time as may be determined by the Chief of Police. Such time shall in no case exceed the period of six (6) months from the date of such notification. (j) Payment by Check: Payment by licensee for any article deposited, left, purchased, pledged or pawned shall be made only by a check, draft or other negotiable or nonnegotiable instrument or order of withdrawal which is drawn against funds held by a financial institution. /02— (k) Posting License: All licenses shall post their licenses, in a conspicuous place, in the licensed premises near the licensed activity. (1) Responsibility of Licensee: The conduct of agents or employees of a licensee, while engaged in performance of their duties for their principal or employer under such license, shall be deemed the conduct of the licensee. (m) Penalty for Property Owner. It is unlawful for any person who owns or controls any real property to knowingly permit it to be used for pawnbroking without a license required by this Chapter. Sec. 6. RESTRICTED HOURS OF OPERATION; MINORS. (a) No licensee shall be open for the transaction of business on any day of the week before 7:00 a.m. or after 10: 00 p.m. (b) No licensee shall purchase or receive personal property, of any nature, on deposit or pledge from any minor. Sec. 6. INSPECTION. (a) Stolen Goods: Any licensee shall, at all times during the term of the license, allow any City police officer to enter or inspect the premises, where the licensee is carrying on business, and all records pertinent to the operation of the business for the purpose of locating goods suspected or alleged to have been stolen. No licensee shall conceal any article in his possession from any City police officer. (b) Inspection by Claimed Owner: All goods, wares or merchandise coming into the possession of any licensee, under the terms hereof, shall at all times be open to inspection and right of examination of any person claiming to have been the owner thereof or claiming to have had any interest therein when such person is accompanied by the City police officer. Sec. 6. CORPORATIONS, PARTNERSHIPS OR ASSOCIATIONS. (a) Licenses issued to corporations shall be valid only so long as there is no change in the officers or ownership interest of the corporation unless such change is approved by the Council, in which event said license shall continue in force until the end of the then current license year. 1 °3 (b) Licenses issued to associations or partnerships shall be valid only so long as there is no change in the partnership or association agreement or in the ownership of said partnership or association unless such change is approved by the Council, in which event said licensee shall continue in force until the end of the then current license year. (c) Corporation, partnerships or associations shall submit written notice to the Clerk of any such changes described herein on or before sixty (60) days prior to the effective date of any such change and pay any fee required by Section 6. for an amendment to the license. In the case of a corporation, the licensee shall submit written notice to the Clerk when a person not listed in the initial application will be acquiring an interest and shall give all information about said person as is required of a person pursuant to the provisions of this Chapter. Sec. 6. REFUSAL, SUSPENSION OR REVOCATION. (a) It is unlawful for any applicant to make a false statement or omission upon any application form. Any false statement in such application, or any omission to state any information called for on such application form, shall, upon discovery of such falsehood, work an automatic refusal of license, or if already issued, shall render any license issued pursuant thereto, void. Prior issuance is no effect to protect the applicant from prosecution for violation of this section or any part hereof. (b) The City Council may suspend or revoke a license issued under this Chapter for operation on any premises on which real estate taxes, assessments or other financial claims of the City or of the State are due, delinquent, or unpaid. If an action has been commenced pursuant to the provisions of Minn. Stat. Chapter 278, questioning the amount or validity of taxes, the Council may on application by the licensee waive strict compliance with this provision; no waiver may be granted, however, for taxes, or any portion thereof, which remain unpaid for a period exceeding one year after becoming due unless such one year period is extended through no fault of the licensee. (c) The City Council may suspend or revoke a license issued under this Chapter upon a finding of a violation of any of the provisions of this Chapter or any state statute regulating pawnbrokers. Any conviction by the pawnbroker for theft, receiving stolen property or any other crime or violation involving stolen property shall result in the immediate suspension pending a hearing on revocation of any license issued hereunder. 10q (d) Except in the case of a suspension pending a hearing on revocation, a revocation or suspension of a license by the Council shall be preceded by a public hearing conducted in accordance with Minn. Stat. 15.0418 to 15.0426. The City Council may appoint a hearing examiner or may conduct a hearing itself. The hearing notice shall be given at least ten (10) days prior to the hearing, include notice of the time and place of the hearing, and shall state the nature of the charges against the licensee. Sec. 6. PENALTY. Violation of any provision of this article shall be a misdemeanor punishable as provided in Section Section 2 . That Section of the City Code is hereby amended, with respect to certain fees (those fees not shown herein remain unchanged) which shall be as follows: Sec. 6. Fees. Required by Description Section Fee Pawnbroker: (1) Annual license fee (2) Investigation (3) Amendment to license Section 3 . Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation" and Section 6.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 4. Summary approved. The City Council hereby determines that the text of the summary marked "Official Summary of Ordinance No. ", a copy of which is attached hereto clearly informs the public of the intent and effect of the ordinance. The City Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. ‘// w Section 5. Filing. The City Clerk shall file a copy of this ordinance in his office, which copy shall be available for inspection by any persons during regular office hours. Section 6. Publication. The City Clerk shall publish the title of this ordinance the official summary in the official newspaper of the City with notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the Office of the City Clerk. Section Z. Effective Date. This ordinance shall take effect upon its passage and the publication of its title and the official summary. ATTEST: CITY OF EAGAN City Council By: E. J. VanOverbeke By: Thomas A. Egan Its: Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: 0 (I Page 7/EAGAN CITY COUNCIL MINUTES February 5, 1991 Councilmember McCrea said she did not know what would be gained by continuing the item but said she felt affirmative t that an affirmati a vote would indicate approving the land swap with the intention of putting the road in. She then asked Director of Parks and Recreation Vraa if the land the City was swapping had any value and whether another developer would be interested in purehacing the land from the City for cash. Mr. Vraa said that while the property had value to Mr.Murphy,he did not know what the value would be from a development perspective. Aye: 5 Nay: 0 :BUSINESS> WINE AND BEER LICENSE/APPLES PLUS, INC. Gustafson moved,Pawlenty seconded,a motion to approve a wine,Sunday wine,and strong beer licenses for Apples Plus, Inc., subject to providing a bond, liquor liability insurance and license fees. Aye: 5 Nay: 0 ORDINANCE AMENDMENT/PAWN SHOPS Mayor Egan introduced this item as an ordinance amendment for Chapter 6,Other Business Regulation and Licensing, Section 6.44, Pawn Shops. City Administrator Hedges said that an ordinance regulating pawn shops in the City had been drafted by the City Attorney's office and had also been reviewed by the City's Prosecuting Attorney. Mr. Hedges said that staff would answer any questions the Council might have. Councilmember Gustafson asked a question regarding the license fee in relationship to a statement in the City Council packet that it is"very modest considering the amount and type of proposed regulatory activities." He asked if there would be more regulation than in another type of business. City Administrator Hedges said there is more reporting, for instance, involved with a pawn shop than other businesses, as well as the daily contact with the pawn shop owner. McCrea moved,Wachter seconded,a motion to approve an ordinance amendment to Chapter 6 of the City Code, Other Business Regulation and Licensing, Section 6.44, Pawn Shops, and to set the license and investigation fees at $1,500 and $350, respectively. Mayor Egan said that one of the few references in Minnesota statutes to pawn shops was found in Chapter 471 which delegates authority over pawn shops to counties. Mayor Egan asked City Attorney Sheldon if that would indicate exclusive authority. City Attorney Sheldon said their research had indicated it would not. He said statute gives cities the right to delegate such authority to the counties. He said a county could enforce authority over pawn shops if that authority were transferred to a county by a city or if that city entered into a joint powers agreement with the county. Mr. Brad Rixman said he had filed an application for Eagan's first pawn shop. He said it was his intention to operate correctly and would work very closely with the City Council and the Police Department. Mr.Rixman said he had just received a copy of the ordinance and had not had an opportunity to review it with his partner or their legal counsel. He said he understood there are people who are very concerned about how pawn shops have operated in the past and they have no intention of operating their business in such a manner. Mr. Rixman asked that the item be tabled to allow them to review the ordinance. Mayor Egan asked Lt.Jerry Meszaros, representing the Police Department, whether they had any concerns about granting a continuance. Lt. Meszaros indicated they did not. After discussion about passing the ordinance subject to review and possible modification,City Attorney Sheldon expressed his concerns about passing an ordinance conditionally as there were no conditional ordinances. • Page 8/EAGAN CITY COUNCIL MINUTES February 5, 1991 - He did say,however,that it would probably work if the Council's stated intention was to pass the ordinance and then review it within a reasonable period of time for amendment, etc. Councilmember McCrea said if there were problems with the ordinance at a later date, she would consider modifications at that time. The Councilmember said she was comfortable with the ordinance as it stood. She said she was uncertain as to how she felt about having a pawn shop in Eagan because of the negative connotations associated with them. Councilmember McCrea said she associated pawn shops with quick money for gambling,alcohol and drugs. Mr.Rixman said he had a report from the United States Federal Reserve Bank of Kansas City regarding the reasons people use pawn shops. He said the pawnbroking industry has had a poor name in the past but he intended to run a responsible business. Mr.Rixman said he also intended to make both exterior and interior improvements to the building at 3935 Cedarview Drive. Councilmember McCrea said that if it was Council's intention to continue the item, she would like a clarification as to the pawn shop hours and the definition of a"minor." Councilmember Pawlenty said he had no problem with the ordinance as written but because Mr.Rixman had received the information late and there were a number of unanswered questions,he thought it unduly burdensome for the Council to take action to pass the ordinance and then subsequently amend it. The question was asked whether a motion to continue would supersede a motion on the table and while it was determined that it would,the Councilmembers who made and seconded the original motion agreed to an amendment to continue the item to the next meeting. McCrea moved, Wachter seconded, a motion to continue: 1) an ordinance amendment to Chapter 6 of the City Code,"Other Business Regulation and Licensing,"Section 6.44,"Pawn Shops,"and 2)the license and investigation fees to the February 19, 1991, regular City Council meeting. Aye: 5 Nay: 0 REFUND REQUEST/VARIANCE APPLICATION CUSTOM ENERGY HOMES Mayor Egan introduced this item as a request for a refund of the variance application fee for Jim Koestering of Custom Energy Homes, 12645 Florida Lane, Apple Valley. Mayor Egan asked if the applicant was present and he was not. City Administrator Hedges said staff normally tried to resolve issues such as this refund request;however,applicants were always entitled to appeal directly to the City Council. Mr.Hedges said Director of Community Development Runkle had prepared a cost breakdown for this application. Director of Community Development Runkle said approximately one-half of the fee had been expended in direct costs incurred by the City in preparing this application for action by the Council even though it was withdrawn prior to that time. Councilmember McCrea said that$76 was not a large amount of money but asked what would happen in those cases where the fees were significant. She was concerned that taking action on this request would be precedent setting and the Council would be asked to review all applications. Mayor Egan said this request was not unlike the Tranby case and perhaps the precedent had already been set. Director of Community Development Runkle said that this fee,like other fees collected by the City, is an average with some applications requiring more time and expense and some less. Councilmember Gustafson asked if staff had already denied the request for refund and Mr. Runkle said they had. Gustafson moved, Wachter seconded, a motion to deny a request from Jim Koestering of Custom Energy Homes for a refund of a variance application fee in the amount of$76. Aye: 5 Nay: 0 o ( . Agenda Information Memo March 5, 1991 City Council Meeting NEW...BUSINESS ............................................... CONDITIONAL USE PERMIT/HAIR SALON/DUCKWOOD ESTATES A. Conditional Use Permit, Elizabeth Westbrook, to Allow a Hair Salon in an R-1 (Single- Family) District on Lot 12,Block 1, Duckwood Estates, Located Along Widgeon Way in the Northeast Quarter of Section 15--At its meeting of February 26, 1991,the Advisory Planning Commission held a public hearing to consider the above-referenced conditional use permit. The APC is recommending approval of this application with an additional condition to read as follows: 4. A handrail shall be added to the stairways that provide exterior access to the hair salon. For additional information in this regard, please refer to the Co u ty Development Department staff report h' h is enclose/1.9n pages f (O through (( for your review. Also enclosed on pages (5 through a coy of the convenants and restrictions� copy to this development which were presented by res'dents at the Planning Commission meeting. Finally, enclosed on pages I 1 through I(i for your review is a copy of the APC minutes relative to this item. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the conditional use permit for Elizabeth Westbrook to allow a hair salon in an R-1 (Single-Family) district as presented. Oa SUBJECT: CONDITIONAL USE PERMIT APPLICANT: ELIZABETH WESTBROOK LOCATION: LOT 12, BLOCK 1, DUCKWOOD ESTATES 3551 WIDGEON WAY EXISTING ZONING: R-1 (SINGLE FAMILY) DATE OF PUBLIC HEARING: FEBRUARY 26, 1991 DATE OF REPORT: FEBRUARY 7, 1991 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted by Elizabeth Westbrook requesting a Conditional Use Permit to allow a barber shop in her home. COMMENTS: The applicant is requesting to put a barber shop in her basement. According to City Code, barber shops shall be considered a Conditional Use in an R-1 zoning district subject to the following conditions: a) Hours of operation shall be from 8:00 a.m. to 8:30 p.m. only. b) The sole employee shall be an occupant of the household. c) The parking shall be on-site and shall be limited to two customer automobiles. d) There shall be no commercial signs advertising the business except for the type of sign that is allowed in R-1 districts. e) There shall be no over-the-counter sales of merchandise. The site plan submitted shows one chair and a sink in the shop area with a shelf area for storage of equipment. The shop area is approximately 8' x 8'9". If approved, this Conditional Use Permit shall be subject to the above described conditions per City Code and the following: 1. The barber shop shall meet all building codes. 2. This Conditional Use Permit shall be recorded at Dakota County within 60 days. 3. The Conditional Use Permit shall be subject to all applicable City requirements and Codes. no FINANCIAL OBLIGATION - 1S-CU-1-1-91 Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Project Use Rate Quantity Amount None -0- \) . ' :id lit "__ ' . ''4Aviic. ' '. ..cr--• - ' -Ds."x. '1',.-- riaboa. • . .e 4.-- -•., ,•: t CO Pa .No -28 • v7' v.•. CINTRE 1••• ., 3 0. QV ry , O'LEARY PARK f W N . /.I■i-.' . 4 Dv -,' ...- _, ,_' et.LIEC _-,:. . , 514.1. •. .•1 :''''.." a7-1°' Street Map li., -. - • .4. 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"Ir•ril' •• i / 1„1, 'I so 4 . ........ .1.11% ___ Ara. ., • . _1 rwrc p. ue-t. _ O•M 4 •„ D'SIN c .y_oft:1 ... —_— . r• e peivE, 1 (5 — a, (e1 fi-- -4113 1 1 1 ' pooR 1,0 1k1 Lot:NDoU I - ST�r� OLt1-. K 1 0 tvAtio STS ,' W LIUS►N� AY AQr1. (i) R LkoG►T � Sk t t f mg S 14 oc.n,Q St}pP RRe-q akk CNArk- nKr 3'C 3 n) (J , ,o w J Q 2 9 I- � o - ‘75 .1 1 �r l EXHIBIT A Edward E. Parronto &wf Valentine, COVENANTS AND RESTRICTI01dS,dated Apr. Robert H. Karatz &wf Naomi, 13,1979.Recorded Ilay 1,197'' ns Document Kenneth Appelbaum &wf Sally, No.536249. too to KNOW ALL MEN PI" T}JESF J'RESENTS, The Public. that the undersign^d. being all of the fee owners of the fo].l owi sir, described lands situated in the County of Dakota and State of Minnesota, to-wit: Lots 1, 3, 4, 5, 7, 8, 10, 11, 12, 13, 15, 16, 17, 13 ]9, 20, 21, 24, 25, 29, 30, 31, 32, 35, 39, 40, 41, 43. 43, 4/4, 48, 49, 50, 52, all in Block 1; and Lots 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, Block 2: all in Duckwood Estates, • do hereby set out the following covenants and restrictions, '.,i,i.,h shall run with the land and bind the parties .hereto, their respective heirs, represe- tetives and assigns,` and all subsequent purchasers of the land or any part thereof, and their heirs, representatives, successors and assigns, to-wit: 1. These covenants and restrictions are to run with the Iond and shall be binding upon all parties and all persons claiming through or under the undersigned for a period of thirty (30) years from the date hereof, after which time said covenants and restrictions shall automatically extend for successive periods of ten (10) years each unless an instrument signed by th majority of the then owners of the above described lots has b' on recorded, agreeing to change such covenants and restrictions, in whole or in part. 2. No lot shalli'be' tised except for residential purposes. No building shall be erected, altered, placed or permitted to -remain on any lot other than one detached single-family dwelling not to exceed three stories in height and a private garage for not more than three (3) cars. 3. The size of any dwelling, exclusive of one-story open i'roches and garages, shall be (a) in the case of a single floor structtn °, 'not less than 1,200 sqnare feet in area on the main floor; or, (b) in the 'rase of a split-level structure, ' r not less than 1,20 square feet in are^ end the floor directly, under the roof; or (c) in the case of story and-a-half structure, not less; than 900 square feet on the ground floor, and a total on!the main floor and .second floor of not less then" 1,300 square feet; or (d) in the case of a two story structure, not less than 750 square feet on the ground floor and a :total on the ground floor and second floor of not Jess than 1,400 square feet; or (e) in the case of a split-entry structure, not less than 1,200 square feet in area on the upper level, but a 2r,.W credit will be given for finished area of lower level which' is, 50% exposed over finished grade. No structure shall have a side exposure more than three stories in height from ground to eave line, considering as a_ story,,..an aYrosed walk-1 ,out basement. 4. No dwelling shall be constructed or maintained on the above descrfb' property without a garage. The garage may be either a separate structure from the house or attached. If an attached or a basement garage is utilized then the overall length of the dwelling structure, exclusive of eaves or open porches; shall not be less than forty (40) feet. All garnSes shall harmonize with the house as to design, materials and finished floor eleva- tions. • 5. Easements for installation and maintenance of utilit.ios and drainag facilities are reserved as shown on the recorded plat. Within these easemen no structure, planting or other material shall be placed or he permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of the flow of the drainage channels in the easements, or which may obstruct or retard th- flow of wate through drainage channels in the easements. The easement area of each lot an all improvements in it shall be maintained conLinous].y by the ^turner of the lot, except for those improvements for which a public authority or utility company is responsible. Lots which border on wet lands (Lots h, 25, 20,`;'' 30, 41, 42, 43, 665 and 50, all in Block 1) will not be cut cr filled .within the easement area bordering the wet land, as shown on the re -tried plat. : " (SEE NEXT PAGE) /(r • • 6. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may Lecome an annoyance: or nuisance to the neighborhood. 7. No structure of a temporary character, trailer, basement, tent, "7 shack, garage, barn or other outbuilding shall be used on any (ot any time; as a residence either temporarily or permanently. 8. No sign of any kind shall be displayed to the public 'view on any lot except one professional sign of not more than four square feet, one sir of not more than eighty square feet advertising the property for sale or 4 rent, or signs used by a builder to advertise the property during the con--; • struction and sales period. 9. No animals, livestock, .or poultry of any kind shall be raised, bred, or kept on any lot, /except that dogs, cats and other household pets may h*v - kept, provided that'they are not kept, bred or maintained for any commerce? purposes. 10. No lot shall be used or maintained as a dumpint; ground for rubbish; trash, garbage or other waste, and any such materials may be 1 pt on the premises only in sanitary containers. All incinerators or oth,T equipment " for the storage or disposal of such material shall be kept in clean and sanitary condition. }E • 11. The exterior of all structures shall be finished in rruod, stucco, brick, stone or other approved exterior hard materials. 12.' No filling♦or.storage of refuse, discarded materials, :wok or other obnoxious matter shall be permitted upon said premises, except hithin the ;: house or garage. No storage of commercial, structural or busin=ss equipwent or materials shall be permitted upon the premises, except within the house" or garage. No parking or storage of commercial vehicles shall be permitted, upon the, land, except for 'the• making of usual and customary deliveries to? and from the premises, and except that each owner may park one (1) commerCiE vehicle owned by him and not exceeding one (1) ton upon his Jot at any time' Private vehicles upon the land shall be kept within a garage accomodating;e normal passenger-size vehicles. ;i '' 13. No fence in excess of a height. of.six (6) feet shall,_be. permitted . upon the-land or any part thereof, and all fences constructed thereon must be ,of new material in metal mesh, wood or metal picket or rair.'b type wood .,• construction. All such fences shall at all times be prose rly p-dinted, stains or lacquered, and shall be maintained in a neat appearing condition. ; • 14. Enforcement shall be by proceedings -at'law'or in equity against a1 ►. person or persons violating or attempting to violate any covenant or resttic tion contained herein, which proceeding may be either. to rest;r'1 n violation hereof or to recover damages for such violation. ' .15. Invalidation of any one of these covenants and restrictions by judgment or1 court order shall not affect any of the other pru-;i;:ions hereof, 'which other-provisions shall remain in full force and effect. • • • 4; [(I •� Page 2/EAGAN ADVISORY PLANNING COMMISSION MINUTES FEBRUARY 26, 1991 developments which would limit the growth of the City of Eagan. The City staff and commission members further discussed the amendment. Merkley moved, Staehli seconded, the motion to approve an amendment to the Eagan Comprehensive Guide Plan which amends the Transportation Plan Element. All voted in favor. CONDITIONAL USE PERMIT - ZLIZABETB WESTBROOK Chairman Graves opened the next public hearing for the evening regarding a conditional use permit to allow a barber shop in a residence which is located at 3551 Widgeon Way. City Planner Jim Sturm presented a brief summary of the application and overview of the staff report. Applicant, Elizabeth Westbrook, stated that she has been a beautician for the past 12 years and wants a barber shop in her home so that she can be home with her children. Patrick Grinde of 3529 Widgeon Way stated that when he bought his home it was with the understanding that there would only be single family homes in the area. If he had wanted to live by a business, he would have moved by one. He was also concerned about the value of his home going down and haphazard development. He brought up the issue of land covenants. City Attorney Mike Dougherty informed the commission members that the conditional use permit was under city code, but that the land covenants were a private matter. Phoebe Orton of 3558 Widgeon Way stated that she was in favor of having a barber shop in the neighborhood. She thought it would be a benefit to the community. Member Staehli asked if the parking would be on-street or off-street. Applicant stated that it would be off-street. Member Voracek asked if the stairway outside of the home that leads down to the barber shop has a safety railing. Applicant stated that it does not have a railing as of yet, but that the intention is that one will be installed shortly. Voracek moved, Staehli seconded, the motion to approve a conditional use permit to allow a barber shop in the residence at 3551 widgeon Way, subject to the following conditions: l l� FEB 28 '91 09:26 425 PO4 Page 3/EAGAN ADVISORY PLANNING COMMISSION MINUTES FEBRUARY 26, 1991 1. The barber shop shall meet all building codes. 2. This conditional use permit shall be recorded at Dakota County within 60 days. 3 . The Conditional Use Permit shall be subject to all applicable City requirements and Codes. 4 . The outside stairway that leads downstairs to the barber shop shall have a safety hand-rail. All voted in favor. WEST PUBLISHING STH ADDITION - WEST PUBLISHING CO. Chairman Graves opened the next public hearing for the evening regarding a Planned Development Amendment and a Preliminary Plat consisting of three single family lots on approximately 4 .3 acres located along the east side of Elrene Road in the SW 1.4 of Section 13 . City Planner Jim Sturm presented a brief background and an overview of the staff report. He informed commission members that if West Publishing was to sell the property later, there would need to be access to all three lots. He commented that city staff saw no problems and that West Publishing has done a good job on this application. Steve Bryant, representing West Publishing, explained that the reason they want three residential lots instead of the previously approved one lot, is because of the relocation of West Publishing from St. Paul to Eagan. West Publishing has an on-site facility manager in St. Paul who will be relocated to Eagan. Terri Johnston of 3634 Elrene Drive asked how all of this would affect her property. She wanted to know if her trees would be removed and would this mean more traffic on her street. City Planner Jim Sturm answered that there would be more of a buffer than before and all three lots would share the same access road that was approved before. Ken Henze of 3636 Windtree Drive was also concerned about the buffer. Agenda Information Memo March 5, 1991 City Council Meeting PLANNED DEVELOPMENT AMENDMENT/PRELIMINARY PLAT WEST PUBLISHING 5TH ADDITION B. Planned Development Amendment and Preliminary Plat, West Publishing 5th Addition/West Publishing Company, Consisting of Three Single-Family Lots on Approximately 4.3 Acres Located Along the East Side of Elrene Road in the Southwest Quarter of Section 13--At its regular meeting of February 26, 1991, the Advisory Planning Commission held a public hearing to consider the above-referenced planned development amendment and preliminary plat for West Publishing 5th Addition. The APC is recommending approval of these items. For additional information in this regard, please refer to the community Development Department staff repprt which is enclos d on pages 2� through I,? —for your review. Also enclosed on pages,/,through is a copy of the APC minutes relative to this item. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the planned Y P ed development amendment and preliminary plat for West Publishing 5th Addition/West Publishing Company, consisting of three single-family lots as presented. SUBJECT: PRELIMINARY PLAT& PLANNED DEVELOPMENT AMENDMENT,WEST PUBLISHING 5TH ADDITION APPLICANT: WEST PUBLISHING COMPANY LOCATION: LOT 1, BLOCK 2, WEST PUBLISHING 4TH ADDITION, SW 1/4 SECTION 13 EXISTING ZONING: PD (PLANNED DEVELOPMENT) DATE OF PUBLIC HEARING: FEBRUARY 26, 1991 DATE OF REPORT: FEBRUARY 19, 1991 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted by West Publishing Company requesting a Preliminary Plat to replat Lot 1, Block 2, West Publishing 4th Addition, and a Planned Development Amendment to allow three residential lots instead of the previously approved one lot. BACKGROUND: In 1987, West Publishing purchased all of the Gopher Eagan property southeast of Yankee Doodle Road and Elrene Road except for the 21 acre concrete recycling area. During 1990, West applied for a Comprehensive Guide Plan, a Planned Development Agreement, a Rezoning, and a Preliminary Plat. This plat, West Publishing 4th Addition, encompassed almost 208 acres. A new Planned Development Agreement was entered into called "West Publishing Planned Development". Part of the plat approval during Phase I, 1990-1995, was to construct the facility manager's residence on Lot 1 along Elrene Road. PROPOSAL: West Publishing is now requesting to create two additional single family lots for a total of three. The additional lots will be used strictly for on-site facility managers. West Publishing will remain as fee owner for the newly-created residential lots. The City is requesting a declaration of covenants be provided including an ingress/egress easement and provisions stating that the lots in West Publishing 5th Addition could be conveyed separately without providing a recordable easement to the City and separately dedicated utility lines. Lot 1, Block 1, (2.68 ac.) has the existing house which was approved in 1990. Proposed Lot 2, Block 1, is 32,485 sq. ft., or 0.746 acres, and proposed Lot 3, Block 1, is 36,766 sq. ft., applicant develop t. or 0.844 acres. It is the intention of the a licant to develo Lot 3, Block 1 next, and there is no specific time table for the development of Lot 2, Block 1. Access to serve these additional lots is from the existing access along Elrene Road for Lot 1. LANDSCAPE COMMENTS: A landscape plan was prepared by the landscape architect that has prepared all of West Publishing's design work over the past couple of years. The City oV does not require landscaping in single family districts so what is shown is above and beyond the City Code requirements. As a result, the Spruce trees are shown with a 3' height as opposed to the typical 6' height required for multi-family and commercial developments. As shown, the plan improves an existing open area with Pin Oak, cottonless Cottonwood trees, Amur Maple shrubs, and the Spruce trees. The two newly-created lots will have home sites in heavily wooded areas. AIRPORT NOISE CONSIDERATION: The subject par cel lies approximately one-half mile south and west of the current Metropolitan Council Noise Policy Contours. Therefore, the plat is not required to meet noise performance standards. Because of the proximity to the contours, however, it is recommended that the developer recognize the potential for noise exposure and utilize building standards found in the "Builders Guide for Implementation of the Metropolitan Council Aircraft Noise Compatibility Guidelines" to assure interior sound attenuation, a copy of which has been provided." PARKS & RECREATION: The Advisory Parks & Recreation Commission will be reviewing and making recommendations in regards to these items at their March 7 meeting. The Parks Department staff has provided preliminary recommendations for the February 26, 1991 Advisory Planning Commission meeting. West Publishing has previously fulfilled its parks dedication requirement as part of the Gopher Eagan Planned Development. The trail dedication obligation is still being evaluated by staff. More information is forthcoming for the March 7, 1991 Advisory Parks & Recreation meeting. a GRADING, DRAINAGE AND EROSION CONTROL: The preliminary grading plan shows that the east edge of Lot 1 and Lots 2 and 3 will be graded for the two new single family lots. The maximum cut is 10' and the maximum fill is 5'. The developer proposes to provide a berm along the south property line. The runoff water generated from this development will be directed in a rural ditch system along the proposed private driveway to the existing storm sewer on Elrene Road. The ultimate discharge point of the storm sewer on Elrene Road is to Pond JP-14. The ditch system and culverts within the development will be privately maintained. The preliminary grading plan shows erosion control fencing along the downward slopes along the edge of the development. UTILITIES: Sanitary sewer of sufficient size, capacity and depth has been stubbed to the development from the existing 9" line on Elrene Road. The developer proposes to connect to the existing 8" stub and extend a private 8" line to the east to serve Lots 2 and 3. Watermain of sufficient size and pressure has been stubbed to the development from the existing 16" main on Elrene Road. The developer proposes to connect to the existing 6" stub and extend a private 6" DIP line to the east to serve a hydrant. Also, a parallel private 2" copper line to serve the houses on Lots 2 and 3 will be extended. West Publishing is requesting that the sanitary sewer and watermain that will serve this development be maintained by them. they have agreed to construct the utilities to our standards. STREETS/ACCESS/CIRCULATION: Access to the development has been provided by Elrene Road, which is proposed to be upgraded to an urban section with concrete curb and gutter and a 36' wide bituminous street. The three lots in the development will be served by a 700' long private street with a cul-de-sac and a center island. The width of the private street at the connection to Elrene Road is proposed to be 16'. EASEMENTS/RIGHT-OF-WAY/PERMITS: This development shall dedicate a 20'drainage and utility easement in the southwest corner of Lot 1 to cover the drainage Swale that handles runoff from the existing residential lots to the south. This development shall be responsible for ensuring that all regulatory agency permits are acquired prior to final plat approval. FINANCIAL OBLIGATION - West Publishing 5th Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Project roject Use Rate Quantity Amount None The parcel proposed for platting into West Publishing 5th has the following pending assessments: Project 585 (storm sewer trunk) $11,649.601 Project 589 (Elrene Road) 9,121.44 Total $20,771.04 1 City has collected storm sewer trunk for this lot by execution of Waiver 395 and development contract for West Publishing 4th. City will not assess at the time of the assessment hearing for Project 585. / ; 3 WEST PUBLISHING COMPANY CONDITIONS: 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: Al, Bi, B3, C2, C4, El, Fl, H1 2. A declaration of covenants shall be submitted indicating all easements. STANDARD CONDITIONS OP PLAT APPROVAL A. Financial Obligations 1 . This development shall accept its additional financial 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 the acquisition costs of additional drainage, pending, 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 or accommodate it. 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 pending 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, engineering standards, guidelines and policies. 2 . A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3 . This development shall insure that all temporary dead end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. STANDARD CONDITIONS OF PLAT APPROVAL PAGE TWO 4 . A detailed landscape plan shall be submitted on the proposed grading plan. The financial guarantee shall be included in the Development Contract and not be released until one year after the date of installation. 5 . All internal public and private streets shall be constructed within the required right-of-way in accordance with City Code and engineering standards. D. Public Improvements 1 . If any public improvements are to be installed under a City contract, the appropriate project must be approved at a formal public hearing 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. F. Parks and Trails Dedication 1 . This development shall fulfill its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. G . water Ouality Dedication 1 . This development shall be responsible for providing a cash dedication in addition to/in lieu of ponding requirements in accordance with the criteria identified in the City 's Water Quality Management Plan. H. 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: July 10, 1990 plataprv. con LTS *2 a 1,.....�� . ",,,:_40„.t. 4 1 -„,,, • .:,, ;' MI -.,,,'„7')**.,.„...--;•14,1*D ''.7. te- � I Pa �, L L' ti .ti..r+-. �. py� �l w {, ...,1 s, Zoning Map iipl -- iii S R-1 PR- .ma-w � i� in .rat Alit :. Ir+.,,' . • r OTT ` \. t • ROnO O • ri:-..--;'s71-"::.2�—_ NW fc Ile A STREET an J Street Map L. _ _ • _Cr �i "L�,,L, t_ .. ---..M2, /..-.qt 71.E -W[ � L � i� S'3 ILL! r v.iliga ` F 11# S. gyp_ 1 I.ESCOTT "'-'A 1 .:.,.1j RD , 1�A1 :-1 - i 41, ..R r. [1 \ Ind `�....-r,'►�',,'�w i Ind. Comp. Guide Plan Map 5 ;! 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' - -- 1 va (..! r ■,?,,, • li k 1 -.11 * J ',It f li; WI T -'r".t.. 4•"""`"" ...... -- _,=_C--"I"-1"--t.R.7.7774-5. • WEST_PUBUSHING 5TH ADOPTION mr:. ;-:,, ,,. 7 -=-77=-.. - t•-...• e onts mamas&ENGINEERS,INC. 1 1 - .....IIIIII1S14T• ..-" -_ -.-- oimm Page 3/EAGAN ADVISORY PLANNING COMMISSION MINUTES FEBRUARY 26, 1991 1. The barber shop shall meet all building codes. 2 . This conditional use permit shall be recorded at Dakota County within 60 days. 3 . The Conditional Use Permit shall be subject to all applicable City requirements and Codes. 4 . The outside stairway that leads downstairs to the barber shop shall have a safety hand-rail. All voted in favor. WEST PUBLISHING STE ADDITION - WEST PUBLISHING CO. Chairman Graves opened the next public hearing for the evening regarding a Planned Development Amendment and a Preliminary Plat consisting of three single family lots on approximately 4 .3 acres located along the east side of Elrene Road in the SW 1.4 of Section 13. City Planner Jim Sturm presented a brief background and an overview of the staff report. He informed commission members that if West Publishing was to sell the property later, there would need to be access to all three lots. He commented that city staff saw no problems and that West Publishing has done a good job on this application. Steve Bryant, representing West Publishing, explained that the reason they want three residential lots instead of the previously approved one lot, is because of the relocation of West Publishing from St. Paul to Eagan. West Publishing has an on-site facility manager in St. Paul who will be relocated to Eagan. Terri Johnston of 3634 Elrene Drive asked how all of this would affect her property. She wanted to know if her trees would be removed and would this mean more traffic on her street. City Planner Jim Sturm answered that there would be more of a buffer than before and all three lots would share the same access road that was approved before. Ken Henze of 3636 Windtree Drive was also concerned about the buffer. 3 Page 4/EAGAN ADVISORY PLANNING COMMISSION MINUTES FEBRUARY 26, 1991 Member Markley expressed concern over the fact that the width of the private street at the connection to Elrene Road is only 16 feet. City Planner Jim Sturm believed that because West Publishing owned all three lots there was some sort of a "comfort level". He felt that there should be no concern. Chairman Graves addressed the issue of the trailway and whether it would be on the east or the west side of Elrene Pond. City Planner Jim Sturm stated that the park commission would be discussing this in early March and that he really could not answer that question at this time. He did state that Elrene Road would be improved this summer. Miller moved, Trygg seconded, motion to approve the Planned Development Amendment to allow three residential lots instead of the previously approved one lot. All voted in favor. Miller moved, Staehli seconded, motion to approve the Preliminary Plat to replat Lot 1, Block 2, West Publishing 4th Addition, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990, shall be complied with: Al, Bi, B3 , C2, C4, El, Fl, H1 2 . A declaration of covenants shall be submitted indicating all easements. All voted in favor. WILLBROOK ADDITION - JIM WILLIAMS I TOM WESTBROOK Chairman Graves opened the next public hearing for the evening regarding the rezoning of approximately 3 .2 AG acres and 6.7 PD acres to an R-1 district and a Preliminary Plat consisting of 17 lots on approximately 9 .9 acres located along the east side of Lexington Avenue north of Wescott Road in the SW 1.4 of Section 14. City Planner Jim Sturm presented an overview of the staff report. He stated that the barn building and the barn house will be removed. He recommended that condition two be amended to delete Lot 3. Jim Williams, one of the applicants, stated that his and Tom Westbrook's, the other applicant, rational behind this request was to do something with their property to get out from beneath the assessment burden. Agenda Information Memo March 5, 1991 City Council Meeting COMPREHENSIVE GUIDE PLAN AMENDMENT/TRANSPORTATION PLAN C. Comprehensive Guide Plan Amendment, City of Eagan, to the Transportation Plan Element which Updates the Transportation Element of 1990 and which Revises the Transportation Element for Conformance with Metropolitan System Plans--At its regular meeting of February 26, 1991, the Advisory Planning Commission held a public hearing to consider the comprehensive guide plan amendment to revise the transportation element of the plan to conform with the Metropolitan Council's Metropolitan System Plans. The Met Council requests updates of various plan elements as the system plans change to maintain such conformance. The purpose of this action would be to submit the plan amendment to the Metropolitan Council for their review which will likely take 90 days, after which it will be returned to the City Council for final adoption. For additional information relative to this item, please refer to the Community Development Department staff report hich is enclosed on pages/36 through S 7for your review. Also enclosed on pages through l s is a copy of the Advisory Planning Commission minutes in this regard. The APC is re ommending approval of this item. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the comprehensive guide plan amendment of the Transportation Plan Element for conformance with the Metropolitan System Plans as presented. M E M O R A N D U M TO: Tom Hedges, City Administrator FROM: Kristy Marnin, Senior Planner DATE: February 27, 1991 SUBJECT: March 5, 1991 City Council Agenda Item - Additional Info Amendment to the Transportation Plan Element of the Comprehensive Guide Plan The City Council is being requested to consider an amendment to the Transportation Plan Element of the Comprehensive Guide Plan. In addition to the information as provided in the Advisory Planning Commission staff report regarding this matter, it should be noted that City Council approval of this item is subject to Metropolitan Council review and comment. Given that the proposed amendment is a major plan amendment, the Metropolitan Council will likely conduct a full 90-day review and may possibly require some modifications to this amendment. As such, the City Council should be advised that once the Metropolitan Council review has been completed, this amendment will be returned to the City Council for its final adoption. Provided no significant changes to the amendment are required by the Metropolitan Council, the amendment could be back for final adoption by the City Council this summer. If you have any questions regarding this matter, please advise. cc: Dale Runkle Jim Sturm 3( SUBJECT: AMENDMENT TO THE EAGAN COMPREHENSIVE GUIDE PLAN AMENDING THE TRANSPORTATION PLAN ELEMENT APPLICANT: CITY OF EAGAN LOCATION: CITYWIDE DATE OF PUBLIC HEARING: FEBRUARY 26, 1991 DATE OF REPORT: FEBRUARY 19, 1991 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT BACKGROUND: The Metropolitan Council revised (amended) its Transportation Development Guide/Policy Plan in 1988. The 1976 Metropolitan Land Planning Act requires local governments, after receiving an amendment to a metropolitan system plan, to review its comprehensive plan to determine if an amendment is necessary to ensure continued conformity with metropolitan system plans. The City of Eagan received the revised Transportation Development Guide/Policy Plan in April 1989. In reviewing this revised metropolitan system plan, City staff determined that an amendment to the Transportation Plan Element of the Eagan Comprehensive Guide Plan would be necessary in order for the City's transportation plan to be in conformance with this revised metropolitan system plan. The City informed the Metropolitan Council in December 1989 of its intent to prepare an amendment. This amendment of the Transportation Plan Element updates the existing' Element to 1990 and revises the Element for conformance with the revised metropolitan Transportation Development Guide/Policy Plan. The amended Element will replace the previous Transportation Plan Element in its entirety. TRANSPORTATION PLAN ELEMENT UPDATE: The Transportation Plan Element of the Eagan Comprehensive Guide Plan establishes the goals and policies which guide the development of Eagan's transportation system to accommodate all trips which will utilize the system, whether generated from within the City or from outside the City. The Transportation Plan Element consists of the chapter (i.e., the amended Element document) contained within the Comprehensive Guide Plan and the Eagan Comprehensive Transportation Study. ' The "existing" Transportation Plan Element was developed c. 1979-80 for inclusion in the 1980 Eagan Comprehensive Guide Plan, adopted in 1983. The 1988 Comprehensive Guide Plan Update did not revise this Transportation Plan Element, but did reaffirm the transportation goals as contained in the 1980 Element. 3 -7 Element Chapter. The Transportation Plan Element chapter contains the goals and policies regarding transportation, provides the framework of transportation planning in Eagan and its relationship to the metropolitan system, and contains a discussion of Eagan's thoroughfare network. The portions of the amended Element chapter with changes from the existing Element chapter of particular mention are 1) the goals and policies, and 2) the thoroughfare network. Goals and Policies: The goals and policies contained in the Transportation Plan Element are the core of transportation planning in Eagan. The two overall transportation goals as set forth in the existing Element have merely been reaffirmed for this update. Likewise, several of the policies adopted with the existing Element to achieve the stated goals have been reaffirmed for this update. In addition, some new policies have been developed which reflect the actual existing direction of transportation planning in Eagan and which meet the requirements of conformance with metropolitan system plans. Following are the goals and policies as contained in the amended Transportation Plan Element, with the policies developed new for this update noted. Goals To develop a safe and convenient transportation system in order to provide Eagan's citizens access within the City and to other portions of the Metropolitan Area. To protect the investment made in Eagan's transportation system by managing development in accordance with the Comprehensive Land Use Guide Plan and not permitting uses which would generate trips in excess of roadway system capacity. Policies Use roadway functional classifications as a basis for developing priorities for roadway maintenance and improvements, and for designating minimum design standards. (NEW) Require the proper dedication of rights-of-way, as noted in the functional classifications design standards, in order that appropriate land is available for maintenance and improvement, and that proper access controls can be achieved. Provide an adequate minor arterial and collector system that serves 2 • short- and medium-length trips within and between Eagan and adjacent communities, thereby providing alternatives to the metropolitan highway system for such trips. (NEW) Use the Eagan Comprehensive Transportation Study in analyzing the impact of development to ensure consistency with roadway capacities. Update the Eagan Comprehensive Transportation Study as new land use information and traffic information becomes available. Mitigate incompatibilities between transportation facilities and adjacent land use. (NEW) Adopt and periodically update a Capital Improvement Program which will provide a schedule and corresponding financing program to address needed roadway improvements as identified through review and use of the Eagan Comprehensive Transportation Study. Support cooperative efforts with the Minnesota Valley Transit Authority (MVTA) in order to provide acceptable bus service for Eagan residents and employees. . Cooperate in providing proper and adequate bus stop locations and Park/Ride facilities. Inform developers and major employers of the availability of the Metropolitan Council's "Handbook on Traffic Mitigation: Guidelines for Local Governments, Employers, Developers and Multitenant Building Managers for Implementing Travel Demand Management Measures" (May 1989). (NEW) Encourage developers and major employers to provide preferential parking for carpools/vanpools. (NEW) Encourage mixed-use developments. (NEW) Encourage major employers to consider flexible and/or staggered work hours. (NEW) Continue placement of sidewalks/trails along major roadways. (NEW) Support completion of the designated trail system. 3 Support feasible interconnection of a regional trail system as a means of providing the opportunity for biking and walking as alternative modes of travel. (NEW) Thoroughfare Network: The functional classification system for roadways defines the characteristics and purpose of roadways. The amended Element does not change the functional classification system used by the City. However, some classifications of particular roadway segments have been revised to reflect existing and now-projected levels of development to be served by these roadways. Revisions to the roadways functionally classified as community collectors, minor arterials, other principal arterials and interstate freeways were reviewed and recommended for approval by the Advisory Planning Commission in March 1990, and adopted by the City Council in April 1990. Revisions to the roadways to be functionally classified as the remaining two designations—neighborhood collectors and local streets- ` -were completed as part of the Element update. The amended Element contains both a list and a map of the functional classifications for roadways as revised. Attached to this staff report is a list which compares the revised classifications with the previous classifications as contained in the existing Element. (Roadways not listed are classified as local streets). Comprehensive Transportation Study: The Eagan Comprehensive Transportation Study is the support document to the amended Transportation Plan Element. It provides the detailed information regarding all aspects of transportation planning, including traffic forecasting, roadway operations evaluations, roadway improvement strategies, transit and Travel Demand Management (TDM) strategies, and a trailway network plan. This Study, initiated in 1987 in an effort to achieve the City's transportation goals, was prepared by Short Elliott Hendrickson, Inc. as part of the Dakota County Comprehensive Transportation Study. A computerized traffic forecasting model was developed as part of this Study which has been used to analyze the current and projected transportation system capacity and to review development proposals for their impacts on the transportation system. The importance and necessity of this Study is twofold. First, as noted above, the traffic forecasting model has allowed the City to review the impacts of development proposals on the transportation system and to thence plan appropriate mitigation measures. Second, this Study responds (as required) to the revised metropolitan Transportation Development Guide/Policy Plan which ties trip generation to population and employment forecasts by Traffic Assignment Zone (TAZ). The Study has provided a method for the City to forecast such information on a citywide, comprehensive basis. 4 L( D The Eagan Comprehensive Transportation Study has been previously reviewed by both the Advisory Planning Commission and City Council in 1988, and has been utilized for analyzing development proposals submitted to the City since that time. However, the Study has yet to be officially adopted. By adopting the amended Transportation Plan Element, for which the Eagan Comprehensive Transportation Study is the supporting document, this Study will in effect be concurrently adopted. A copy of the amended Transportation Plan Element is attached to this staff report. (The existing--to be replaced—Transportation Plan Element is located in Chapter VI of the Eagan Comprehensive Guide Plan). ACTION TO BE CONSIDERED: To recommend approval or denial of an amendment to the Eagan Comprehensive Guide Plan which amends the Transportation Plan Element as presented. • 5 1 ( THOROUGHFARE PLAN FUNCTIONAL CLASSIFICATIONS COMPARISON - 1980 v. 19'90 v. NET COAICIL 19E0 1990 NET COUNCIL TAB STREET FROM TO CLASSIFICATION CLASSIFICATION CLASSIFICATION Airlawn Ln. Lexington Ave. Yankee Doodle Rd. NEIGHBORHOOD N.A. N.A. Argenta Tr. Yankee Doodle Rd. Becker Rd. NEIGHBORHOOD M.A. N.A. Beau de Rue Dr. Silver Bell Rd. Rahn Rd. NEIGHBORHOOD COMMUNITY N.A. Beau de Rue Dr. Rahn Rd. Nicols Rd. NEIGHBORHOOD NEIGHBORHOOD N.A. Beaver Dam Rd. Shale Ln. Cliff Lake Rd. NEIGHBORHOOD N.A. N.A. Beaver Dam Rd. Diffley Rd. Shale Lane NEIGHBORHOOD NEIGHBORHOOD N.A. Becker Rd. T.H. 149 Argenta Tr. NEIGHBORHOOD N.A. N.A. Btackhawk Rd. T.H. 13 Silver Bell Rd. NEIGHBORHOOD COMMUNITY COLLECTOR Btackhawk Rd. Silver Bell Rd. Cliff Rd. COMMUNITY COMMUNITY COLLECTOR Blue Cross Rd. Yankee Doodle Rd. Blackhawk Rd. NEIGHBORHOOD NEIGHBORHOOD N.A. Braddock Tr. Northview Park Rd. Diffley Rd. NEIGHBORHOOD NEIGHBORHOOD N.A. Braddock Tr. Diffley Rd. Wilderness Run Rd. NEIGHBORHOOD W.A. N.A. Carnelian Ln. Rahn Rd. Btackhawk Rd. N.A. NEIGHBORHOOD N.A. Cedarvale Blvd. Silver Bell Rd. Beau de Rue/Nicols COMMUNITY COMMUNITY COLLECTOR Cliff Rd. Burnsville Inver Grove Heights MINOR ARTERIAL MINOR ARTERIAL PRINCIPAL Cliff Lake Rd. Blackhawk Rd. Rahn Rd. NEIGHBORHOOD COMMUNITY N.A. Cliff Lake Rd. Rahn Rd. Cliff Rd. N.A. COMMUNITY N.A. Cliff South Frontage Nicols Rd. Rahncliff Rd. N.A. NEIGHBORHOOD N.A. Clubview Dr. Hampton Dr/Yankee PI Lexington Ave. N.A. COMMUNITY N.A. Coachman Rd. Four Oaks Rd. Yankee Doodle Rd. NEIGHBORHOOD NEIGHBORHOOD N.A. Covington Ln. Galaxie Ave. Pilot Knob Rd. NEIGHBORHOOD NEIGHBORHOOD N.A. Daniel Dr. Diffley Rd. Lexington Pte. Pkwy N.A. NEIGHBORHOOD N.A. Deerwood Dr. Btackhawk Rd. Pilot Knob Rd. NEIGHBORHOOD COMMUNITY N.A. Deerwood Dr. Pilot Knob Rd. Denmark Ave. NEIGHBORHOOD NEIGHBORHOOD N.A. Denmark Ave. Yankee Doodle Rd. Duckwood Dr. COMMUNITY COMMUNITY N.A. Denmark Ave. Duckwood Rd. Deerwood Dr. NEIGHBORHOOD NEIGHBORHOOD N.A. Diffley Rd. Burnsville T.H. 3 MINOR ARTERIAL MINOR ARTERIAL COLLECTOR Dodd Rd. Wescott Rd. Cliff Rd. COMMUNITY NEIGHBORHOOD N.A. Dodd Rd. Cliff Rd. Rosemount NEIGHBORHOOD NEIGHBORHOOD N.A. Duckwood Dr. Federal Dr. Pilot Knob Rd. N.A. COMMUNITY N.A. Duckwood Dr. Pilot Knob Rd. Denmark Ave. COMMUNITY COMMUNITY N.A. Duckwood Dr. Denmark Ave. Lexington Ave. NEIGHBORHOOD NEIGHBORHOOD N.A. Duckwood Tr. Lexington Ave. Duckwood Dr. NEIGHBORHOOD N.A. N.A. Elrene Rd. Yankee Doodle Rd. Dodd Rd. COMMUNITY NEIGHBORHOOD N.A. i Federal Dr. Yankee Doodle Rd. Violet Ln/Duckwood NEIGHBORHOOD COMMUNITY N.A. Four Oaks Rd. T.H. 13 Coachman Rd. NEIGHBORHOOD NEIGHBORHOOD N.A. Four Oaks Rd. Coachman Rd. Pilot Knob Rd. NEIGHBORHOOD N.A. N.A. Galaxie Ave. Cliff Rd. Apple Valley COMMUNITY COMMUNITY COLLECTOR Gold Tr. Beau de Rue Dr. Turquoise Tr. N.A. NEIGHBORHOOD N.A. Govern Dr.* Wescott Rd. Northview Park Rd. N.A. NEIGHBORHOOD N.A. Hampton Dr/Yankee PI Clubview Dr. Yankee Doodle Rd. N.A. COMMUNITY N.A. Nigh Site Dr. Pilot Knob Rd. Hampton Dr/Yankee Pl. N.A. COMMUNITY N.A. Johnny Cake Ridge Rd. Deerwood Dr. Diffley Rd. M.A. NEIGHBORHOOD N.A. Johnny Cake Ridge Rd. Diffley Rd. Cliff Rd. COMMUNITY NEIGHBORHOOD N.A. Johnny Cake Ridge Rd. Cliff Rd. Apple Valley COMMUNITY COMMUNITY N.A. Kings Ln. Rahn Rd. Nicols Rd. NEIGHBORHOOD N.A. N.A. Lexington Ave. T.H. 55 Cliff Rd. MINOR ARTERIAL MINOR ARTERIAL COLLECTOR Lexington Pte. Pkwy Lexington Ave. Daniel Dr. N.A. NEIGHBORHOOD N.A. Lone Oak Rd. T.N. 13 Pilot Knob Rd. MINOR ARTERIAL MINOR ARTERIAL COLLECTOR Lone Oak Rd. Pilot Knob Rd. Inver Grove Heights MINOR ARTERIAL MINOR ARTERIAL MINOR ARTERIAL Nicols Rd. Burnsville Silver Bell Rd. N.A. COMMUNITY N.A. Nicols Rd. Beau de Rue Dr. Cliff Rd. COMMUNITY COMMUNITY COLLECTOR Nicols Rd. Cliff Rd. Cliff South Frontage N.A. NEIGHBORHOOD N.A. Nicols Rd. Cliff Rd. Kings Ln. NEIGHBORHOOD N.A. N.A. Northview Park Rd. Lexington Ave. Elrene Rd. NEIGHBORHOOD NEIGHBORHOOD N.A. Pilot Knob Rd. Mendota Heights Apple Valley MINOR ARTERIAL MINOR ARTERIAL MINOR ARTERIAL Rahn Rd. Cedarvale Blvd. Beau de Rue Dr. NEIGHBORHOOD N.A. N.A. 1 (...(g--- 1980 1990 MET COUNCIL TAB STREET FROM TO CLASSIFICATION CLASSIFICATION CLASSIFICATION Rahn Rd. Beau de Rue Dr. Cliff Lk Rd/Cliff Rd NEIGHBORHOOD COMMUNITY M.A. Rahn Rd. Cliff Rd. Kings Ln. NEIGHBORHOOD N.A. N.A. Rahncliff Rd. Cliff Rd. Cliff South Frontage M.A. NEIGHBORHOOD N.A. Safari Pass Galaxie Ave. Galaxie Ave. NEIGHBORHOOD N.A. N.A. Shale Ln. Rahn Rd. Beaver Dam Rd. NEIGHBORHOOD NEIGHBORHOOD N.A. Silver Belt Rd. Nicols Rd. T.N. 13 M.A. COMMUNITY N.A. Silver Bell Rd. T.H. 13 Blackhawk Rd. COMMUNITY COMMUNITY N.A. Stater Rd. Clark St. Cliff Rd. NEIGHBORHOOD N.A. N.A. Slater Rd. Cliff Rd. Burnsville NEIGHBORHOOD NEIGHBORHOOD M.A. Thomas Lake Rd. Johnny Cake Ridge Rd. Diffley Rd. M.A. NEIGHBORHOOD N.A. Thomas Lake Rd. Diffley Rd. Covington Ln. NEIGHBORHOOD NEIGHBORHOOD N.A. Turquoise Tr. Rahn Rd. Blackhawk Rd. N.A. NEIGHBORHOOD N.A. Violet Ln. Blue Cross Rd. Federal Dr. NEIGHBORHOOD N.A. N.A. Wescott Rd. Pilot Knob Rd. T.H. 149 COMMUNITY COMMUNITY N.A. Wescott Hills Dr.* Yankee Doodle Rd. Northview Park Rd. NEIGHBORHOOD N.A. N.A. Wilderness Run Rd. Pilot Knob Rd. Dodd Rd. NEIGHBORHOOD NEIGHBORHOOD N.A. Yankee Doodle Rd. T.N. 13 Inver Grove Heights MINOR ARTERIAL MINOR ARTERIAL COLLECTOR T.H. 3 T.N. 149/1.0.H. Rosemount MINOR ARTERIAL MINOR ARTERIAL MINOR ARTERIAL T.M. 13 Mendota Heights Silver Bell Rd. MINOR ARTERIAL MINOR ARTERIAL MINOR ARTERIAL T.H. 13 Silver Bell Rd. Burnsville MINOR ARTERIAL OTHER PRINCIPAL MINOR ARTERIAL T.H. 55 Mendota Heights Inver Grove Heights MINOR ARTERIAL OTHER PRINCIPAL MINOR ARTERIAL T.H. 77 Bloomington Apple Valley OTHER PRINCIPAL OTHER PRINCIPAL PRINCIPAL 1 T.H. 149 Mendota Heights T.N. 55 MINOR ARTERIAL OTHER PRINCIPAL MINOR ARTERIAL T.H. 149 T.H. 55 T.M. 3/1vr. Grv. Mts. MINOR ARTERIAL MINOR ARTERIAL MINOR ARTERIAL I-35E Mendota Heights Burnsville INTERSTATE FREEWAY INTERSTATE FWY PRINCIPAL I-494 Bloomington Inver Grove Heights INTERSTATE FREEWAY INTERSTATE FWY PRINCIPAL COMMUNITY = COMMJNITY COLLECTOR NEIGHBORHOOD = NEIGHBORH000 COLLECTOR OTHER PRINCIPAL = OTHER PRINCIPAL ARTERIAL PRINCIPAL = PRINCIPAL ARTERIAL; The Metropolitan Council has two sub-categories under Principal Arterial--Interstate Freeway and Other Principal Arterial. However, the list of the TAB's classifications sent to me in April 1990 did not differentiate between these two categories. *Govern Drive on the 1990 Thoroughfare Plan would be in the general vicinity of Wescott Hills Drive extended south from Wescott Road to Northview Park Road, as shown on the 1980 Thoroughfare Plan. 1 3 6/TRANSPORTATION PLAN ELEMENT EAGAN COMPREHENSIVE GUIDE PLAN 1990 ADOPTED: 1 (4(. • 6/TRANSPORTATION PLAN ELEMENT One of the greatest problems facing the network, with roadway functional City of Eagan is the development of an classifications designated. adequate transportation system which provides accessibility between all places 1. GOALS and activities within Eagan, and which links Eagan with the rest of the Twin Because of the need to plan for an Cities Metropolitan Area. The adequate system to serve Eagan's Transportation Plan of the Eagan transportation needs both now and in Comprehensive Guide Plan is intended the future, the City has adopted the to establish goals and policies which following goals towards which this guide the development of Eagan's transportation planning will be guided. transportation system to accommodate all trips which will utilize the system, • To develop a safe and convenient whether generated from within the City transportation system in order to or from outside the City. provide Eagan's citizens access within the City and to other portions The Transportation Plan consists of two of the Metropolitan Area. primary documents: A) the Plan Element and B) the Eagan • To protect the investment made in Comprehensive Transportation Study. Eagan's transportation system by managing development in accordance with the Comprehensive A. TRANSPORTATION PLAN Land Use Guide Plan and not ELEMENT permitting uses which would generate trips in excess of roadway system capacity. The Transportation Plan Element will serve as the transportation "chapter" of In order to achieve these goals, several the Eagan Comprehensive Guide Plan, policies have been adopted with regard and states Eagan's goals and policies to the various components of with regard to transportation, provides transportation planning. These policies the framework of transportation planning are noted throughout this Plan Element. in Eagan and its relationship to the metropolitan system, and contains a discussion of Eagan's thoroughfare 1 • 6/TRANSPORTATION PLAN ELEMENT 2. F R A M E W O R K OF Eagan Comprehensive Transportation TRANSPORTATION PLANNING Study (see Part 6.B of this Plan Element) is part of this county-wide Transportation planning in Eagan has study. occurred in the past at several different levels of government. On the local level, At the regional level, the Minnesota the first thoroughfare plan for the City, Department of Transportation (MnDOT) referred to as the "Major Street Plan", began planning for a regional system of was prepared in the 1960's by the City's roads within the metropolitan area Consulting Engineer for what was then decades ago. The efforts of MnDOT for Eagan Township. The Major Street Plan regional transportation planning were was revised periodically, and a joined with the Metropolitan Council, and Thoroughfare Plan was officially adopted in 1975 the Metropolitan Council as part of the first Eagan Land Use adopted the Development Framework Development Guide in January 1974. Chapter of the Metropolitan The Thoroughfare Plan was revised for Development Guide which included a incorporation into the Transportation Transportation Section. Since that time, Plan Element of the 1980 Eagan the Metropolitan Council has periodically Comprehensive Guide Plan, and has revised and updated its Transportation been again revised for this 1990 update Development Guide/Policy Plan for the of the Transportation Plan Element. region, most recently in 1988. Other efforts affecting transportation The Metropolitan Council's planning for Eagan included a Dakota Transportation Development Guide/Policy County Thoroughfare Plan prepared by Plan defines and guides the Barton-Aschman Associates, Inc. in May metropolitan highway system and the 1974. This document was not officially regional transit system. The Eagan adopted by Dakota County; however, Transportation Plan supports the components of that Plan were used to metropolitan highway system and guide the planning for thoroughfares regional transit system by providing the within the County at that time. In 1987, following: Dakota County began preparation of a county-wide comprehensive • an arterial and collector system with transportation study for use in analyzing sufficient continuity to serve short- and the impacts of future development on medium-length trips within and between the regional transportation system. Eagan and adjacent communities, Eagan participated in this study, and the thereby providing alternatives to the 2 (-P 6/TRANSPORTATION PLAN ELEMENT metropolitan system; Metropolitan Council in its Transportation Development Guide/Policy Plan (October • a Comprehensive Transportation 1988). The only major change is that Study with a transportation planning Eagan's system divides the collector model to utilize land use data for roadway designation into community forecasting traffic demands and collector and neighborhood collector. identifying areas where mitigation This was necessary in order to draw the measures may be needed to resolve distinction between the neighborhood incompatibilities between the collector which is meant to collect traffic transportation system and adjacent land within a neighborhood or more typically, uses; one square mile, when contrasted with the community collector which is • a community oriented transit system intended to carry traffic along the designed to increase service coverage periphery of a single neighborhood and and efficiency; for distances which may extend across the entire community. This is the • a Travel Demand Management (TDM) manner in which Eagan has been component recognizing the role of such developed, and in transportation strategies in potentially reducing planning it is felt that both of these roadway congestion; and collector thoroughfares are needed to provide distinctly different types of • a trailway network designed to service. support interconnection of a regional trail system providing the opportunity for Table 6.A.3.b lists the functional biking and walking as alternative modes classifications of roadway segments of travel. within Eagan. Roadway segments not listed are classified as local streets. 3. THOROUGHFARE NETWORK Figure 6.A.3.a is the Thoroughfare Map showing the roadway functional One basic component on which a classifications. transportation system is developed is a functional classification system for roadways. Table 6.A.3.a describes the functional classification system that has been adopted by Eagan. This system closely follows the functional classification system adopted by the 3 } } t � a & 7 7 § ° I $ ■ ■ $ } .c 2 ■ f § § § . �� } III } } } 4 & , %} a a • • ! 2 C & $ k I k %■ § ■ o c I $ .. $ a s § , « 0 CC k CC Li. E. k } / E c - - s b � I § 2 § E - [2f � I � E E •, o c, 2 } § e - } 2 7 ,2 t — © � 2 � Ir = 2 e ac ƒ i f \ ƒ ) / u -C $ 7 . . 2� } E ■ Z g } oe � a { f ƒ & } f I ¢ ( oe ) % � � � ' � � � § 5 �± } % E f% 222 % » Q ` \ f @ f\/_ ( ■ = K k$ � } lc c § � t k I ' © E Gs CIE ! ■ cr c ( � } £ \ } f & t § E ƒ CVO o . � cr Imo = E a � UCa oc0 E c c 0 2 C I } U. 2 k \ / ) � � f ° , - �% £ ii i 3 & ei 2 � � k \ a 2 � } § £ 2 ƒ at % I &. } ! a E | f\ & ! 2 �� §� a c ILI § ( _ ■ 3 - s &� a & 2 C CD CC ■ �< ■ - a E .4- et. - ƒ @ o 0 § ) 7 & &• [ � � � � ■ t � � f 8 �� , £ • o % 8 �� ■ $ a < 4 } � / k I c cTQC � � _t E c � a ■ � ■ ■ ■ ` ■} !•¥ £2 cE t � • ca a o. I? E § [ o0 ■ .c ! 7 V ■ c8 � ■ , I �: £ i 2 § 2 § § [ $ « § $ C5 § § E K E £ D - 4 ( C( i 6/TRANSPORTATION PLAN ELEMENT • • TABLE 6.A.3.b: 1990 THOROUGHFARE NETWORK • • st IFEET FROM TO NEIGISORHOOD COLLECTOR Beau de Rue Drive Rahn Road NOW Road Soave Darn Road Carney Road Bret Lane Blue Goss Road Yankee Doodle Road Bladprawe Road Braddock Trail Norevea Park Road Di fey Road Came Lane Rahn Road Bfaclonaak Road Cl,?!South Frontage Road Nicole Road R Mno1Mt Road Coachman Road Four Gaya Road Yankee Doodle Road Covington Lane Galaroe Avenue Pail Knob Road Darn'Drive Di fley Road Lexington Poise Pateeey Deem od Drive Pact Knob Road Denmark Avenue Denman Avenue Cuckooed Drive Oeeraood Drive Dodd Road Weecoe Road Rosemount Duck God Drive Denmark Avenue Lexington Avenue Siren'Road Yankee Doable Road Dodd Road Four Oaks Road T.M. 13 Coachman Road Gold Trail Beau de Rue Drive Turquoise Trail Govern.Drive Woman Road Northve.v Pak Road Johnny Cake Fie Road Deerv.00d Drive CIM Road Lexington Pointe Partway Lexington Avenue Daniel Drive Moors Road CIM Road pen South Frontage Road Northing.*Park Road Lexington Avenue Ehene Road Raring Road Cliff Road CIM South Frontage Road Share lane Rahn Road Beaver Darn Road Slate Road CIM Road Burnsville Thomas_Lake Road Johnny Cake Ridge Road Covington Lane Turquose Tian Rahn Road BIackhewk Road Wilderness Run Road Pilot Knob Road Dodd Road COMtP,.;„y CO-LECTOR Bea,;de Rue Drive &Mr Bell Road Rahn Road B+acknay.k Road T.M. 13 CIM Road Cedarvre Bcuievard Save Bell Road Beau de Rue DriveMiwe Road Cirri Lake Road Blaekhewk Road GM Road Clubve.. Drive Hampton Drive/Yankee Place Lexington Avenue Deerwood Dave Blackhewk Road Pitt Knob Road Denmark Avenue Yankee Doodle Road Duckwood Drive Duo l ooc Dave Federal Drive Denmark Avenue Federa'Drive Yankee Doodle Road Violet Lana/Duckwood Drive Ga,aze Ave-ue Cliff Road Apple Valley Ma— c-Drive/Yankee Place Clubview Drive Yankee Doodle Road High Site Dave Pilot Knob Road Hampton Drive/Yankee Place Johnny Ceke Rune Road DM Road Apple Valley Nicois Road Beau de Rue Drive DM Road Nicole Aced Burnsville Silver Bell Road Rahn Road Beau de Rue Drive Clef Lake Drive Silver be' Road Nook Road BlaokMwk Road Wescce Road Pilot Knob Road T.M. 143 MWDc A='ERA. CM!Road Burnsville Inver Grove heights Dinky Road Burwell* T.M.3 Lexington Avenue III.55 C210 Road Lone Oak Road T.M. 13 Inver Grove Heights Pull Knob Road Mendota Heights Apple Valley Yankee Doodle Road T.M. 13 Inver Grove Heights T.H 3 T.H.tlSArner Glove Heights Rosemount T.H. 13 Mendota Heights Bever Bell Road T.M. 143 T.M.55 tit afnver Grove Heights OTHER PR'r. lPAL ARTERIAL T.M. 13 Bever Bet Road BumeeNe T.M.55 Mendota Heights Inver Grove heights T.M.77 Btornington Apple Vishay T.M. lop Mendota Heeights T.M.55 MITERS'ATE FREEWAY 435E I.r data Heights Burnsville 1464 Bloomington Inver Grove Heights 5 ) lq • FIGURE 6.A.3.a: THOROUGHFARE MAP • . lO _. . r ..-.- ^o" *e se a t III: �I ! .iiii dr Ye.n.+e "-* Unkse Q70dK 1 S. Dwnne:1 J t F ,c` e Al • W•OOt ; Woiscot Soce.be 44 1$ r , e J -.,,teen! tsee C "S Jr ASIM C •,r. MU DeNey "'I) 1 See N r r AA t .''''::.1 t IN 4 _ ; i e e e / ■-• / ■ ■ ■ //ii1111■// .Ar/ EAGAN, MINNESOTA IIIIIIIIIIIII INTERSTATE FREEWAY 150-300 ft. OTHER PRINCIPAL ARTERIAL 150-200 ft. 11111•11 MINOR ARTERIAL 100-150 ft. ammimmm COMMUNITY COLLECTOR 80 ft. NEIGHBORHOOD COLLECTOR 60 ft. DASHED LINE REPRESENTS FUTURE ROADWAY SEGMENT 6 N l c v 6/TRANSPORTATION PLAN ELEMENT POLICIES: aspects of transportation planning, including traffic forecasting, roadway • Use roadway functional classifications operations evaluations, roadway as a basis for developing priorities improvement strategies, transit and for roadway maintenance and Travel Demand Management (TDM) improvement, and for designating strategies, and a trailway network plan. minimum design standards. This Study was initiated in 1987 as part • Require the proper dedication of of the Dakota County Comprehensive rights-of-way, as noted in the Transportation Study. Since its initial functional classifications design completion in 1988, portions of the standards, in order that appropriate Study have been periodically updated land is available for maintenance and as necessitated by development. In improvement, and that proper access addition, other planning efforts and controls can be achieved. changes in the transportation system have occurred since 1988 which require • Provide an adequate minor arterial explanation. As such, the Eagan and collector system that serves Comprehensive Transportation Study short- and medium-length trips within has been prefaced with a chronology of and between Eagan and adjacent transportation planning activities since communities, thereby providing 1988, bringing the Study current with alternatives to the metropolitan this 1990 Transportation Plan Element highway system for such trips. update. 1. TRAFFIC FORECASTING/ ROADWAY EVALUATIONS B. EAGAN COMPREHENSIVE Transportation planning for a local TRANSPORTATION STUDY community within a metropolitan area must begin with a thorough understanding of the travel The Eagan Comprehensive characteristics of the region which will Transportation Study, prepared for the have a major influence on transportation City by Short Elliott Hendrickson, Inc., is planning. Existing land uses, population the support document to the and employment serve to identify Transportation Element. ft provides the existing travel demands. Projections of detailed information regarding all these factors define the magnitude and 7 /5 / 6/TRANSPORTATION PLAN ELEMENT location of future travel demands. has been developed as an ongoing process where changing land uses and The Eagan Comprehensive new traffic information is continually Transportation Study acknowledges the reviewed and updated. importance of these factors in analyzing future traffic demands. This Study, as POLICIES: such, utilized existing land use data and future land use data as indicated in the • Use the Eagan Comprehensive Comprehensive Land Use Guide Plan to Transportation Study in analyzing the develop existing and projected year impact of development to ensure 2010 household, population and consistency with roadway capacities. employment figures by Traffic Assignment Zone (TAZ). Traffic • Update the Eagan Comprehensive forecasts were then developed based Transportation Study as new land on these figures, and used to perform use information and traffic roadway operations evaluations, information becomes available. including identification of areas of congestion and recommended • Mitigate incompatibilities between improvement strategies. For the specific transportation facilities and adjacent household, population and employment land use. figures, traffic forecasts, and roadway operations evaluations, refer to the • Adopt and periodically update a Eagan Comprehensive Transportation Capital Improvement Program which Study document. will provide a schedule and corresponding financing program to The Eagan Comprehensive address needed roadway Transportation Study also acknowledges improvements as identified through the regional nature of travel review and use of the Eagan characteristics. In other words, traffic Comprehensive Transportation Study. generated by development in one community within a metropolitan area is 2. TRANSIT AND TRAVEL DEMAND not necessarily restricted to that one MANAGEMENT community. Therefore, this Study was conducted on a comprehensive, county- While thoroughfare classifications, traffic wide basis, using the land use plans of forecasting and roadway evaluations all communities within Dakota County in serve important roles in transportation the traffic evaluations. Also, this Study planning by identifying traffic levels and 8 /S- 6/TRANSPORTATION PLAN ELEMENT potential roadway improvements prerogative to "opt-out" of the required to move this traffic more Metropolitan Transit Commission (MTC) efficiently, transportation planning must system. To this end, a "Six City Needs consider ways to not only move Assessment Transit Study" (NATS) was vehicles, but to also move people. prepared by Strgar-Roscoe-Fausch, Inc. Transit and Travel Demand Management in 1988-89. Two of the NATS (TDM) strategies play a role in conclusions were: 1) that the existing transportation planning by moving more fixed route transit service, which people in fewer vehicles, and with less operates only during the morning and pollution. The automobile is the largest evening peak hours and focuses on the single source of pollution in our region. Minneapolis and St. Paul downtowns, One person riding transit for a year, does not meet all the local transit needs, instead of driving to work, saves the and 2) that replacement transit service environment from over nine pounds of options are available to better satisfy hydrocarbons, over 62 pounds of local transit needs without increasing the carbon monoxide and nearly five local transit tax burden. pounds of nitrogen oxide.' Based on these conclusions, Eagan and a. Transit the other five cities "opted-out" of the MTC system in 1989 and formed the The Eagan Comprehensive Minnesota Valley Transit Authority to Transportation Study provides a provide transit service for these background of transit service planning in communities. MVTA service start-up is Eagan through 1988. As noted briefly in scheduled for January 1, 1991. For the the Study, in 1981, the Minnesota first few years of operation, the MVTA Legislature established the Minnesota will basically provide replacement service Transit Service Program, commonly of the existing MTC routes and known as "opt-out". This program gave schedules. In the future, the MVTA certain communities the opportunity to anticipates adding additional transit replace regular route transit service services, possibly including midday operated by the MTC with more service and inter-city service among the community oriented service. six communities. Figure 6.B.2.a.1 shows the regular transit routes serving Eagan Beginning in 1988, the City of Eagan, and the other MVTA communities. along with the Cities of Apple Valley, Burnsville, Prior Lake, Rosemount and In addition to the regular route MVTA Savage, decided to explore its service, Eagan is also served by Metro 9 /55 L. ■ I ii: _L5 . < 0c Z 1 El •- i ? 1 s ,}} " I + r.•' • w ir��;m- g... .." •*f i r Q _- - Z-,-' imay ,`! ." , Z.:.W _ ' Ig (I) „..._:........ . , . ......t_ . • . . . . , J r LU -K` ., ' � _ .. C .. �W+ ~ _. -- . : ` E 0 ,�, !r - '`� • ? ;---�-e',-.:,r_—•y r .` gCC �:. �� i•"rc�i ty.•' 0 �.•i �� 'a I .off .0.^g-c; �, � + �� - ... _ i-,--F-4..f- g III N T s. —.arr.,yg ' ,..r 0 \ - a Y t 'i _.-aQ ' �_F. a '-` Y ;. • t. f - :. hII 5 g.., e 10 :r /5 ‘ • 6/TRANSPORTATION PLAN ELEMENT Mobility. Metro Mobility is a service traffic. Different TDM measures will be operated for individuals who are unable effective in different situations. Those to use regular route transit service strategies that actually affect off-site because of disability. This is an on- traffic can probably reduce the site demand, riders' choice service where generation approximately 10 to 15 the passengers choose from certified percent. providers in their communities. DARTS is the certified provider in Dakota County. POLICIES: POLICIES: . Inform developers and major employers of the availability of the • Support cooperative efforts with the Metropolitan Council's"Handbook on Minnesota Valley Transit Authority Traffic Mitigation: Guidelines for (MVTA) in order to provide Local Governments, Employers, acceptable bus service for Eagan Developers and Multitenant Building residents and employees. Managers for Implementing Travel Demand Management Measures" • Cooperate in providing proper and (May 1989). adequate bus stop locations and Park/Ride facilities. • Encourage developers and major employers to provide preferential b. T r a v e I Demand parking for carpools/vanpools. Management • Encourage mixed-use developments. Travel Demand Management (TDM) strategies include a wide range of . Encourage major employers to actions aimed at reducing or redirecting consider flexible and/or staggered vehicular travel. The Eagan work hours. Comprehensive Transportation Study describes several TDM techniques, including carpooling/ridesharing 3. TRAILWAY NETWORK incentives, high occupancy vehicle (HOV) preferences, flexible and Details of the City of Eagan's trailway staggered work hours, transit marketing network are contained in both the Park and information programs, mixed land Plan Element of the Comprehensive use developments, and redirection of Guide Plan and the Eagan Park System 11 /5J 6fTRANSPORTATION PLAN ELEMENT Plan. However, a trailway network also plays an integral role in transportation planning by providing the means for alternative modes of travel. U.S. bike commuting has doubled in the last two years to 3.4 million commuters,2 illustrating that viable alternatives to motorized vehicles for travel needs do exist. As such, the Eagan Comprehensive Transportation Study also contains a discussion of the Eagan trailway network. Eagan has a designated trail system, illustrated in both the Park Plan Element of the Comprehensive Guide Plan and the Eagan Park System Plan, consisting of trails along major roadways, trails providing access to schools, and trails within and connecting parks to residential developments. POLICIES: • • Continue placement of sidewalks/trails along major roadways. • Support completion of the designated trail system. • Support feasible interconnection of a regional trail system as a means of providing the opportunity for biking and walking as alternative modes of travel. 12 /5(P 6/TRANSPORTATION PLAN ELEMENT 1. RTB Chair's Advisory, October 2, 1990. 2. Martin, Jim. "Junking "Automobile Dependency'." Metro Monitor December 1990. 13 /5 7 Mk MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA FEBRUARY 26, 1991 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, February 26, 1991, at 7:00 p.m. at the Eagan Municipal Center. Present were members Miller, Staehli, Voracek, Graves, Merkley, Trygg and Alternate John Gorman. Also present were City Planner Jim Sturm, Assistant City Engineer Mike Foertsch, Community Development Director Dale Runkle and City Attorney Mike Dougherty. MINUTES January 22 , 1991. Voracek moved, Merkley seconded, the motion to approve the January 22 , 1991 Advisory Planning Commission minutes as presented. All voted in favor. AGENDA Chairman Graves recognized that items "E" and "F" are continued until the next planning commission meeting and that item "I", setting the date of the next planning commission meeting, be added. Chairman Graves also recommended that item "G" be set as the first item under the new business. Merkley moved, Staehli seconded, the motion to approve the agenda as amended. All voted in favor. Chairman Graves explained the Advisory Planning Commission procedure to the public. COMPREHENSIVE GUIDE PLAN AMENDMENT REVISING THE TRANSPORTATION ELEMENT - CITY OF EAGAN Chairman Graves opened the first public hearing of the evening regarding a Comprehensive Guide Plan Amendment to the Transportation Plan Element, which updates the Transportation Element to 1990 and which revises the Transportation Element to conform with the metropolitan system plans. Kristy Marnin presented an overview of the staff report and a brief background summary. She informed the commission members that this amendment would accomplish two things: 1) it would update the present transportation plan and 2) it would bring our transportation plan into conformance with requirements of the Metropolitan Land Planning Act. She explained to the commission members that if the amendment was denied, the Metropolitan Council could deny future / 5, Page 2/EAGAN ADVISORY PLANNING COMMISSION MINUTES FEBRUARY 26, 1991 developments which would limit the growth of the City of Eagan. The City staff and commission members further discussed the amendment. Merkley moved, Staehli seconded, the motion to approve an amendment to the Eagan Comprehensive Guide Plan which amends the Transportation Plan Element. All voted in favor. CONDITIONAL USE PERMIT - ELIZABETH WESTBROOK Chairman Graves opened the next public hearing for the evening regarding a conditional use permit to allow a barber shop in a residence which is located at 3551 Widgeon Way. City Planner Jim Sturm presented a brief summary of the application and overview of the staff report. Applicant, Elizabeth Westbrook, stated that she has been a beautician for the past 12 years and wants a barber shop in her home so that she can be home with her children. Patrick Grinde of 3529 Widgeon Way stated that when he bought his home it was with the understanding that there would only be single family homes in the area. If he had wanted to live by a business, he would have moved by one. He was also concerned about the value of his home going down and haphazard development. He brought up the issue of land covenants. City Attorney Mike Dougherty informed the commission members that the conditional use permit was under city code, but that the land covenants were a private matter. Phoebe Orton of 3558 Widgeon Way stated that she was in favor of having a barber shop in the neighborhood. She thought it would be a benefit to the community. Member Staehli asked if the parking would be on-street or off-street. Applicant stated that it would be off-street. Member Voracek asked if the stairway outside of the home that leads down to the barber shop has a safety railing. Applicant stated that it does not have a railing as of yet, but that the intention is that one will be installed shortly. Voracek moved, Staehli seconded, the motion to approve a conditional use permit to allow a barber shop in the residence at 3551 Widgeon Way, subject to the following conditions: