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08/20/1991 - City Council Regular AGENDA •EGUIAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING AUGUST 20, 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) A. POLICE DEPARTMENT el 1. Proposal, Department of Natural Resources, 1991-1993 Alternative Deer Control Program 1 2. Special Hunting Permit, Chris Holste, 1667 Mallard Drive fIV. 6:55 - CONSENT AGENDA (PINK) • 1` A. PERSONNEL ITEMS N0 S Q.pt �'�'�` 1: (2.-B. LICENSE, Four Amusement Devices at Durnings Restaurant, Dahl.co Vending and Music FINAL PLAT West Publishing 5th Addition � / D. PROTECT 589R, Special Assessment Agreement for West Publishing (Elrene Road) (S E. PROJECT 89-X, Acknowledge Completion/Authorize City Maintenance (Coventry Pass - Streets & Utilities) iC F. PROJECT 90-Z, Acknowledge Completion/Authorize City Maintenance (Town Centre 100 - 9th (� Addition - Storm Sewer) C G. PROJECT 87-HH, Acknowledge Completion/Authorize City Maintenance (Hidden Valley - Streets & Utilities) � ( () H. PROJECT 621, Receive Petition/Authorize Feasibility Report & Detail Plans (Manor Lake �O I. 4th Addition - Streets & Utilities) PROJECT 598, Receive Final Assessment Roll/Order Public Hearing (Galaxie Cliff Plaza QQ 2nd) f. �"n J. PROJECT 583, Receive Final Assessment Roll/Order Public Hearing (Park Center Addition) ,▪ V K. PROJECT 577, Receive Final Assessment Roll/Order Public Hearing (Rustin Road) . idk L. CONTRACT 91-09, Approve Plans/Authorize Advertisement for Bids (Well #16) 1M. CONTRACT 91-10, Approve Plans/Authorize Advertisement for Bids (North Well Field Transmission Main) V '�r . gj CONTRACT 91-08, Receive Bids/Award Contract (Wilderness Run Road) 4eFE eq. 2`-k . .0. PROJECT 592, Receive Final Assessment Roll/Order Public Hearing (Wilmus Addition - c° • / Trunk Storm Sewer) ��P. PROJECT 597, Receive Final Assessment Roll/Order Public Hearing (Hills of Stonebridge r // 3rd Addition - Trunk Storm Sewer) - r,,,.,Q. Approve Specifications/Authorize Solicitation of Quotations, Contractual Snow Removal Services ZV. VACATE Public Right-of-Way, Receive Petition/Order Public Hearing (Nicols Road) V. 7:00 - PUBLIC HEARINGS (SALMON) (`i1 A. PROJECT 615, Meadowview Road - Streets & Utilities VI. OLD BUSINESS (ORCHID) • c1A. PRETTYMAN HEIGHTS, Declaration of Default • eBn . RESOLUTION, City's Position on the MPCA Air Emission Permit for the Seneca Wastewater i% Treatment Plant ` C. CONDITIONAL USE PERMIT, Tom Thumb Stores, to Allow Outdoor Storage on Lot 1, Block 1, (7' Bicentennial Addition, Located along the South Side of Yankee Doodle Road in the NE 1/4 of Sec 16 VII. NEW BUSINESS (TAN) r IA. AMENDMENT to Ordinance for Even Year Elections, City Code Chapter 2, Section 2.15 B. AMENDMENT to Ordinance for Animal Bites, City Code Chapter 10, Section 10.11 R C. CONSIDER Petition Request for Stop Signs on Turquoise Trail at East Beryl Road & • Serpentine Drive D. TEMPORARY Sign Request, Maurer Construction Oq E. VARIANCE, Joseph M. Miller Construction, of 10' to the Required 30' Front Yard Setback rLocated on Lots 4, 5, and 6, Block 4, Sunrise Hills Addition �1�. WAIVER OF PLAT, Barbara Shields, and Lot Width Variance to Allow a Tax Parcel P. Separation on Lot 2 and 3, Block 1, Tara Court, Located Along the South Side of Lone • , Oak Road East of Pilot Knob Road in the NW 1/4 of Sec 10 tI C. STATUS of Lembke Trucking Company Conditional Use Permit t VIl`IIIII. ADDITIONAL ITEMS (GOLD) IX. ADMINISTRATIVE AGENDA (GREEN) A. VISITORS TO BE HEARD (for those persons not on agenda) III XI. ADJOURNMENT • MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS I FROM: CITY ADMINISTRATOR HEDGES DATE: AUGUST 16, 1991 SUBJECT: AGENDA INFORMATION FOR THE AUGUST 20, 1991 CITY COUNCIL MEETING ADorr AGENDA/APPROVE MINUTES After approval is given to the August 20, 1991 City Council agenda and the regular meeting minutes for the August 6, 1991 meeting, the following items are in order for consideration. DEPARTMENT HEAD BUSINESS ......... ................................. ...........:....:......:.:..........::........ A. POLICE DEPARTMENT Item 1. Proposal, Department of Natural Resources, 1991-1993 Alternative Deer Control Program--The City has received a letter from Jon Parker, Area Wildlife Manager for the Minnesota Department of Natural Resources. In this letter Mr. Parker is requesting that the City of Eagan authorize a three year deer control program for portions of Fort Snelling State Parafrd the Minnesota Valley National Wildlife Refuge. Enclosed on pages 410 through is a copy of the letter from Mr. Parker, including a map of the concerned area. The DNR is also requesting that an ordinance amendment be considered regarding the age of participants in their s ecial hunting seasons. A copy of the suggested ordinance change is enclosed on page . ACTION TO BE CONSIDERED ON THIS ITEM: 1) To authorize or deny the three year alternative deer control program for Fort Snelling State Park and the Minnesota Valley National Wildlife Refuge as requested by the Department of Natural Resources and 2) to consider an ordinance amendment regarding minor participation in DNR special hunting seasons. If the ordinance amendment is approved, the City Attorney's office will be requested to prepare formal language for ratification at the September 3, 1991 regular City Council meeting. • STATE OF `� DEPARTMENT OF NATURAL RESOURCE PHONE NO. (612) 445-9393 June 12, 1990 FILE NO. • TO: Eagan City Council ' L U v Pik: Jon Parker, Area Wildlife Manager1 Isc,- ,• I 3 Area Wildlife Office "I ! 't 118 S. Fuller Street, #3 Shakopee, MN 55379 PROPOSAL: 1991-1993 ALTERNATIVE DEER CONTROL PROGRAM FORT SNELLING STATE PARK MINNESOTA VALLEY NATIONAL WILDLIFE REFUGE BLOOMINGTON OPEN SPACE LANDS EAST OF INTERSTATE 35W THREE-YEAR PROGRAM: In accordance with the Deer Task Force reconmendations we request that the cities authorize a three-year program. The results will be monitored by the Deer Task Force annually and modifications in the deer removal goal numbers, number of participants, and dates may be made. This could incline one or more years which no removal would be done. Cities would be notified annually br May 1 of the next Fall's program. 1991 DATES: NOVLS'IEER 30 - DECEMEER 1: DECEMBER,7 - 8; DECEMBER 14 - 15. Three weekends. We may wish to add a Friday to each of the last two weekends to increase success and to attract enough participants. ALTERNATIVE DEER CONTROL AREAS: The area labelled Fl on the attached map would be included in the program in Eagan. This includes DNR Fort Snelling State Park lands only. NLMEER OF PARTICIPANTS: Approximately 123 per weekend for the entire area; actual numbers would be based on one participant per 25 acres. Numbers of participants in Eagan Fl world be 46 per weekend. Each weekend would utilize a different group, but any successful applicant could participate on a "standby" basis. Selection would be by random drawing from postcard applications. FIREARMS: Shotgun with slugs. NUMBER,OF DEER TO BE TAKEN: 160 for the entire area including Burnsville, Bloomington, Eagan, and Mendota Heights. Each participant may kill only one deer on a bonus license. Only antlerless deer would be taken. If we do not reach the goal, the remainder would be taken by sharpshooting, if possible. LICENSE: All participants must have purchased a 1991 deer license. • AN EQUAL OPPORTUNITY EMPLOYER *g■ Eagan City Council Page 2 June 12, 1991 ORIENTATION: All participants must attend an orientation session conducted by the Department of Natural Resources and US Fish & Wildlife Service. SPECIAL REGULATIONS: Same as previous controlled hunts. (Attachment #1) SHARPSHOOTING: If the 160 deer are not tarn in the Alternative Control Program, we will attempt to reach the goal using sharpshooters. These shooters will be DNR and US Fish & Wildlife Service Enforcement Officers as in past years. i • 3 Hunting* Zones 1991-1993 f _ FORT SNELLING STATE PARK & Minnesota Valley National Wildlife Refuge �. 111_1:11111M ° iiiiiiiH1K__L C1111111— / Fir/ :_' - - 1 , 111111 111111111111/1/1 i• Fl. ' '� i . . -- al /1111'.. 1' •M (, t .FW�Refuge+�dgr . ©/�' ` Fa-';' ' ,.....`�•_ - 7 t•�•rl' 'i"ilf•!'l1,l�'- 7 lil( . c� �� • - -;1/ '_^%,ii"'. ''_'. .� .. •t,� .I1.., nil , ■ : II' -•..' yI _i A nIS11/11 t /111 a _.____ s . ... _. .I.--! II/ lm1/// / ILIIn/ ... . �^ i/ i .�.�;;—:�1 11jI, - -1 liii ! 1111111 86th St .3s� % - .- one yak Rd t_• �rBLOOMINGTONi ' *:-,, { - ••• _ " . _ ,.i 1111P - 1 .--.. . . . ----/„.ot'..:::::::.; 7:.-, :.:-...„-:-_--i..-...:-...,::-. .f..., — , -,,,•r- --. i ' ,,; _ I4JLIII1L . __ •fir T. ,T _• `�_;i I 11 � t° •<:/.., --....Tr',,,./.7,, r <\ 1 1'_ ..• .r II -I 11 f A. : i; - — _ . - : oz-C:\r:LO-t-° • i t_ a ' 0 ai all 1, ' I. IT•is'... f ��^ �-ga f i .-,-„ - _- ' '' 3 • mss' ` ® EAGAN - lig ter, l . \ „ay `I/ .,..,i ..�..,' _ 91 G - .r .� _1-: e. - . •• i � p ,c1;17._ s y1 5 /,': `rte . -.. '.>, }.. :" .6 i• a. �, r--, • BURNSVILLE ' ...... . .........• ° j' , OM Rd- .. a o• 17-1--- 1 Legend _� et Scale in fe 4.J��Hunting zone 0 MOO 0 Parking Lot Black Dog Lake Unit Long Meadow take Unit F Fort Snelling State Park Alternative Deer Control Program Cif, ATTACHMENT #1 COMMISSIONER'S ORDER NO. 2350 applications must be postmarked or delivered by 4 : 30 p.m. September 7, 1989. If applications exceed the number of available permits , a random drawing will be held. If applications number less than available permits, the number of permits for Fort Snelling State Park will be reduced. Applications must be addressed to Minnesota Valley Deer Hunt, DNR-Metro Parks , 1200 Warner Road, St. Paul, Minnesota 55106 . This is Special Permit Area Number 394. Each permittee will be eligible to purchase a bonus deer license. (b) Special Regulations. Successful applicants in drawings for the shotgun hunt in Fort Snelling State Park and the Minnesota Valley National Wildlife Refuge must comply with the _ following regulations : (1) Attend—an orientation_ session and receive a permit validated for an assigned hunting compartment. There will be a $2. 00 fee for each permit. Maps of the open areas will be provided to permittees. Permits forfeited by those who do not attend an orientation session will be issued to alternates drawn from the list of applicants. (2) Only hunters with valid permits will be allowed in the hunting compartments and only from 5 a.m. to 6 p.m. each day. (3) Each permittee shell hunt only in the assigned compartment for which his/her permit is valid and shall enter and leave only by way of designated access points. 411 -2- Suggested ordinance change language: 10. 10 . Subd. 4. Exception. Subdivision 3 of this Section shall not apply to: A. A display of fireworks by an organization or group of organizations operating under a permit issued by the Council pursuant to Minnesota Statutes, Section 624.22. Proof of liability insurance in an amount set by Council resolution shall also be required. This insurance shall name the City as an additional insured party. B. A person in the lawful defense of person, family or property. C. The discharge of firearms in an approved firearms range operating under a permit issued by the Council prior to August 15, • 1989. D. Law enforcement or military personnel while in the course of their duties. E. Any person participating in a special hunting season, which season may not conflict with State law or regulations, established by the Council for purposes of Wildlife management. Any person under 18 years of age participating in a special hunting season organized by the DNR and established by the Council for purposes of Wildlife management, must be accompanied by an adult selected to participate. 229 • (c) Agenda Information Memo • August 20, 1991 City Council Meeting Item 2. S ial Hunting Permit, Chris Holste, 1667 Mallard Drive—Enclosed on pages, through 1(is a copy of correspondence received from Chris Holste of 1667 Mallard Drive relative to his request for a bow hunting permit for deer on land owned by Mr. Larry Wenzel at 1505 Diffley Road. The correspondence includes signed permission from the property owner. The permit application has been reviewed by the Police Department which has identified no reasons to deny the permit at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a hunting permit for bow and arrow deer hunting by Chris Holste at 1505 County Road 30. S 7 �ea� C , ;-y o - click 11 \Nave- e-h Gl o s e A ir eoftc - o"(15 +o aee,c ; rujd4 w o -� o w r on tort/ Wen -2.e s iota() 1as + (cot y spee)0/ locrti; and or, reel a es I-;25 yo L., VrtG Jo ill- ay ai r! . S i rlcere y yours, ilb15-f e • 0 SPECIAL HUNTING PERMIT REQUEST FOR THE PURPOSE OF WILDLIFE MANAGEMENT 1. Name: . CArlri \--k0\5V-e- • 2. Street Address: 3. City/State/Zip Code: 1467 MAiiarJ pr. -- - _ - Ect - An /q,, ). 55/.2 IMPORTANT INFORMATION FOR THE APPLICANT Applications will be considered for parcels of property of five acres or more only and zoned'agricultural' Hunted wildlife shall be deer (bow or rifle),goose, duck,pheasant and partridge only. Exceptions to this policy will be the prerogative of the Eagan City Council. The maximum dates of the season for each wildlife hunted shall coincide with the hunting dates established by the Minnesota Department of Natural Resources (DNR). The Eagan City Council may,at its discretion,reduce the season for each requested permit within the DNR season. The Eagan City Council may deny any application for special hunting if the permit does not serve the purposes of wildlife management, even if the applicant has complied with all of the requirements. Any hunter listed in this application may hunt only when accompanied by the applicant. A cony of this permit and appropriate identification must be carried at all times for verification by the Eagan Police Department. 4. Property Owner's Name (written permission from the property owner must accompany this permit application): N\e Lpct' Lli EM Z.e I 5. Property Location Description: III 1 5 0 5 C0An-7 (OaCQ 3 0 6. Type of Game to be Hunted: 7. Specific Hunting Dates: f' (go )) 5 e r i- 1 Li +c pe_.G. 3 5 YnA.11 5Arie ( sow) IDENTIFICATION OF ALL HUNTERS IN HUNTING PARTY 8. Name (Beginning with the Applicant): 9. Address: �� p� 4 n 10.Vehicle C 11 r:%_5 1-1 D t S Tom- 16V? �.4I 0. License # t1,1&, 5.5 1 Da 5-ZeY.- Bill 18c1 DOA • 11. P ice A.prov 1/P it No: 12. Approval Date: 13. Expiration Date: Et I- '97 c......._ 7 _ . MEMO from Charlotte Holste , . .... 4 e v,,' //-,-,- , _ L i)r' H 0 i fc_, l'eti .; r))L• ( , _ )(7 ',,., y, 11- 1\- --.\... ■_ ;I ( ' • ) 1 ( ' ) ii. - IN'.±.!11.0‘2:1-e I i 7 ' I . . ,: ? / 1 II, ko LI _ 0 .... 1 .. .,- ... !. .-. '.- . ... _ . . . . ... _ . - a . 0 I -0 ' Agenda Information Memo August 20, 1991 City Council Meeting CONSENT A D r ....................:....:........................: There are eighteen (18) 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. Part-Time Clerical Tech III/Central Services Maintenance (Job Share)-- Over 150 applications were received for this position. Approximately 90 applicants were invited to the Municipal Center for a written test. From the results of that test, 24 applicants were \L invited to the Municipal Center for a typing test. The 9 finalists for the position were j scheduled to be interviewed today, August 16, 1991. The interview panel will consist oft, Superintendent of Streets/Equipment Erhart,Superintendent of Parks VonDeLinde,Central' Services Maintenance Secretary Bailey, and Assistant to the City Administrator Duffy. It is anticipated that the name of the candidate as recommended for hire by this panel will be • forwarded to the Council with the Administrative packet on Monday. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of the person to be named as a part-time Clerical Tech III for Central Services Maintenance, subject to successful completion of the physical examination requirement. Item 2. Seasonal Forestry Aide--Due to resignations, it is necessary to fill a seasonal forestry aide position. After interviews,it is the recommendation of Superintendent of Parks VonDeLinde that Mark Buesgens be hired as a seasonal forestry aide. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Mark Buesgens as a seasonal forestry aide. Item 3. Seasonal Parks Maintenance Worker—Due to resignations, it was necessary for City Administrator Hedges to approve the hiring of a seasonal parks maintenance worker. The person so approved was Jonathan McMahon. This item is informational. No Council action is required. • fC Agenda Information Memo August 20, 1991 City Council Meeting • AMUSEMENT DEVICE LICENSE/DURNINGS RESTAURANT B. License,Four Amusement Devices at Durnings Restaurant,Dahlco Vending and Music-- Alex Graham of DVM, Inc.-Dahlco Music and Vending, has applied for an amusement devices license with the City of Eagan. The application is for four (4) amusement devices to be located at Durnings Restaurant. The license fee has been paid. The application has been reviewed by the Police Department which has identified no reasons to deny the license at this time. The new owners of Durnings have said that the devices would be kept indefinitely. A copy of the application for license is enclosed without page number for the Council's consideration. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a license for four amusement devices to be placed at Durnings Restaurant, as applied for by Alex Graham of DVM, Inc.-Dahlco Music and Vending. • • Agenda Information Memo • August 20, 1991 City Council Meeting FINAL PLAT/WEST PUBLISHING 5TH ADDITItj C. Final Plat, West Publishing 5th Addition—Final plat 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 lK for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for West Publishing 5th Addition as presented. • 7 r 1) 1 I i 1 1 i i= Q ii . i. .), I I 1 i'. s i is 9 i , . . , , . 2• I 1. J i' ' 1 s! il .5 I i ; ; i I i $ i, ;_1 • 1 1 r. -.i .. I : I 7 .: ii, a s �• t _; z FaI_ a 1 , ,, 1 . 1 1: , .. - i I s. 1: ig t INIMM I LI = I; •\ Li if i li ; 1I _ r Q /"'"' f! rj fi ' s . I!; 1t Iii' Z 11 i 1 1; t I 1 p { 1 f " . I .1 . --. , , i-- , . , A %44114:s'' . :-., • moo r g ,., . w ,...... ..... ,.. c ) CO.... v v r%/ N —— �v, -. .d ,.,//, / LI 2 i i 1 s I I• ! s I 1 _ ii ;1 iii l SO I al .... , v. . • • �� E 11 1, ., il • i 111,1 i 1;i1 7 `. . ;■ 1 ' , i: I I, is I • 114 il 11 I I! P: i ' t rti D J -J i CJ : 11 :� . _ —.1' A III 1111! rJ is 11 j 3 Ij J i r ji I 31 11111 a_ I II 1t f ,I '.,_. a �' st:...a..., ..- %.)". :d.: r• =i ii s_ l iI 1 • .fii: a Z. i, . --- -- -- Agenda Information Memo August 20, 1991, City Council Meeting APPROVE SPECIAL ASSMT AGMT/WEST PUBLISHING (ELRENE RD) D. Project 589R, Approve Special Assessment Agreement For West Publishing (Elrene Road)--At the public hearing for the above-referenced project, West Publishing expressed some concerns regarding their proposed assessments for Elrene Road in relationship to the easements necessary to be dedicated for its construction. After evaluation by a City retained appraiser, a special assessment agreement has been prepared to the mutual satisfaction of West Publishing and the City of Eagan taking into consideration the dedication of the necessary easements. This agreement is being presented to the Council for their approval. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a special assessment agreement for West Publishing Project 589R, (Elrene Road) and authorize the Mayor and City Clerk to execute said agreement subject to the dedication of the appropriate easements. ACKNOWLEDGE COMPLETION/AUTHORIZE CITY MAINTENANCE (COVENTRY PASS) E. Project 89-X, Acknowledge Completion/Authorize City Maintenance (Coventry Pass - Streets & Utilities)--Private installation of public streets and utilities for the Coventry Pass • Addition has been completed, inspected by City authorized personnel and found to be in order for formal acknowledgement of completion in accordance with City reviewed plans and specifications. It would be appropriate to authorize these public facilities to be transferred to the City for perpetual maintenance. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge completion of Project 89-X (Coventry Pass - Streets & Utilities) and authorize perpetual City maintenance subject to appropriate warranty conditions of the development agreement. ACKNOWLEDGE COMPLETION/AUTHORIZE CITY MAINTENANCE (TOWN CENTRE 100 9TH ADDN - VEHICLE EMISSION TESTING FACILITY) F. Project 90-Z, Acknowledge Completion/Authorize City Maintenance (Town Centre 100 9th Addition Vehicle Emission Testing Facility- Storm Sewer)--Private installation of public streets and utilities for the Town Centre 100 - 9th Addition Vehicle Emission Testing Facility has been completed, inspected by City authorized personnel and found to be in order for formal acknowledgement of completion in accordance with City reviewed plans and specifications. It would be appropriate to authorize these public facilities to be transferred to the City for perpetual maintenance. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge completion of Project • 90-Z (Town Centre 100 9th Addition Vehicle Emission Testing Facility- Storm Sewer), and authorize perpetual City maintenance subject to appropriate warranty conditions of the development agreement. / s Agenda Information Memo August 20, 1991, City Council Meeting • ACKNOWLEDGE COMPLETION/AUTHORIZE CITY MAINTENANCE (HIDDEN VALLEY) G. Project 87-HH,Acknowledge Completion/Authorize City Maintenance (Hidden Valley- Streets & Utilities)--Private installation of public streets and utilities for the Coventry Pass Addition has been completed, inspected by City authorized personnel and found to be in order for formal acknowledgement of completion in accordance with City reviewed plans and specifications. It would be appropriate to authorize these public facilities to be transferred to the City for perpetual maintenance. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge completion of Project 87-HH (Hidden Valley - Streets & Utilities) and authorize perpetual City maintenance subject to appropriate warranty conditions of the development agreement. RECEIVE PETITION/AUTHORIZE FEASIBILITY REPT & DETAILED PLANS • (MANOR LAKE 4TH ADDN) H. Project 621, Receive Petition/Authorize Feasibility Report & Detailed Plans (Manor Lake 4th Addition - Streets & Utilities)--Staff has received a petition requesting the installation of public streets and utilities to be performed under City contract. This petition requests the City to prepare a feasibility report and the simultaneous preparation of detailed plans and specificati n or the Manor Lake 4th Addition as shown by the phasing schedule enclosed on page '. With the petitioner guaranteeing all costs incurred by the City for the preparation of the feasibility report and detailed plans, if for some reason the project is not approved, it would be appropriate for the Council to favorably respond to the petitioner's request. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition and authorize the preparation of a feasibility report for Project 621 (Manor Lake 4th Addition - Streets & Utilities) as well as the simultaneous preparation of detailed plans and specifications. • " (p(4=7 LD z w j in z ES P" s W z Cr) \ J z .Me ■■ o ea <c� o ■■ ■ i p �nA Jz ` I r . a-- ova ■■ s ei -O r QWy c ZW $oj O�\\ W iii 4 SW :aa \\ 7�/ \ ■ ', 4 je ', / z. W A 1 y i �� W 0 W.. Q 0 W `� w `n J N CZ N 41 ii Z ELJ rn co -----i Z ---- c� Q "'co Ininm � co < ao r �*i • oo m o 0 Ckg c z z O < o o -, I- Z � F- MC 60 � Q • s Aa < o = < < .. o d' 1n U o 4Wj• ____, _____ „ii,,/, O / / , r/ . , 1 1 0 )_ c:: , 1 .(z . \ i \ � ( — -y -/ z-_ALL},----_ `lam _J' a I a I-- 1 J in I • _ Li . Agenda Information Memo August 20, 1991, City Council Meeting RECEIVE FINAL ASSMT ROLL/ORDER PUBLIC HEARING (GALAXIE CLIFF PLAZA 2ND ADDN) I. Project 598, Receive Final Assessment Roll/Order Public Hearing (Galaxie Cliff Plaza 2nd Addition - Streets & Utilities)--The installation of streets and utilities for the above- referenced subdivision has been completed, all costs have been tabulated and the final assessment roll has been prepared identifying the costs and method of financing these public improvements. This final assessment roll is being presented to the City Council for their consideration of scheduling a public hearing to formally present and discuss these final costs with the affected property owners. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for Project 598 (Galaxie Cliff Plaza 2nd Addition - Streets & Utilities) and schedule a public hearing to be held on September 17, 1991. RECEIVE FINAL ASSMT ROLL/ORDER PUBLIC HEARING (PARK CENTER ADDN) J. Project 583,Receive Final Assessment Roll/Order Public Hearing(Park Center Addition - Streets & Utilities)--The installation of streets and utilities for the above-referenced 410 subdivision has been completed, all costs have been tabulated and the final assessment roll has been prepared identifying the costs and method of financing these public improvements. This final assessment roll is being presented to the City Council for their consideration of scheduling a public hearing to formally present and discuss these final costs with the affected property owners. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for Project 583 (Park Center Addition - Streets & Utilities) and schedule a public hearing to be held on September 17, 1991. RECEIVE FINAL ASSMT ROLL/ORDER PUBLIC HEARING (RUSTEN ROAD) K. Project 577, Receive Final Assessment Roll/Order Public Hearing (Rusten Road - Streets & Utilities)--The installation of streets and utilities for the above-referenced subdivision has been completed, all costs have been tabulated and the final assessment roll has been prepared identifying the costs and method of financing these public improvements. This final assessment roll is being presented to the City Council for their consideration of scheduling a public hearing to formally present and discuss these final costs with the affected property owners. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for • Project 577 (Rusten Road - Streets & Utilities) and schedule a public hearing to be held on September 17, 1991. l Agenda Information Memo August 20, 1991, City Council Meeting • APPROVE PLANS/AUTHORIZE AD FOR BIDS (WELL #16) L. Contract 91-09, Approve Plans/Authorize Ad For Bids (Well #16)--On August 6, the Council received the feasibility report discussing the need and details associated with developing Well #16 within the Unisys Campus. With the approval to develop this next well in accordance with our Comprehensive Plan, the Council authorized the preparation of detailed plans and specifications. Enclosed on page, :: is a site plan showing the location of this well in relationship to the Unisys Campus and the adjacent residential properties. These detailed plans are being presented to the Council for their authorization to advertise for competitive bids for the drilling of this well. The Public Works Director will be available to answer any questions. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans and specifications for Contract 91-09 (Well #16) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Friday, September 13, 1991. • • • PROPOSED 16" TRANSMISSION MAIN • �''u E-� ' TIMBERLINE : al ASS ,mik t• WS.WWELL 0 WI SUMO MN lie . IIIII ) II [ Il ` FOv L� 16" /12• � R OAKS I RD. 1 PROPOSED WELL NO. 16 PROPOSED 18" TRANSMISSION 18.. )4 MAIN /4„ S NO --- 0 7 , F e ilUR Q lIV/SYS PROPERTY 12-1 41/b. LETENDRE 5T. z ..2� .:;---.m,,, 1 O04 Q /4ZI`- 20" M r- wE� L__ 16..—. C r F O _ I- 24,. I - 1 . , • __. O — f � co SCALE: I"= 800"0 z • o 6 ! COACHMAN ROAD ,. r " 112" WATER TREATMENT° I I I PLANT a r- YANKEE ' DOODLE (./)L. ROAD . .// 1111-,«io/ 1 7, N 12 N J I A ii.L.,,,, . Fi,iI, ,A _ VW ir CROSS 2 If�� 12 8 i'OPERTY 711 9 3 till' .1 in f D wn By , Dr Title pp Comner P.S.H. 2gelen --------- Ye�eron str PR. - = 9 TRANSMISSION MAIN 4773.00 Dote= Assocletes, Inc. Pr OJECT NO. 611 She` sett icsfn►en • 3�n�en • ?1.ee.r, 1 8-611 .aae bat ..uq,. .w.r • Mabeap.tf.r1 6$4111 •ins-as-sass WI, V AGAN, MINNESOTA 3 Agenda Information Memo August 20, 1991, City Council Meeting APPROVE PLANS/AUTHORIZE AD FOR BIDS (NORTH WELL FIELD TRANSMISSION MAIN) M. Contract 91-10, Approve Plans/Authorize Advertisement For Bids (North Well Field Transmission Main)--With the approval of the development of Well #16,under Project 611, it is necessary to extend the north well field's raw water transmission main to connect not only the proposed future Well #16, but also the existing Timberline Well to the Coachman Road Water Treatment Facility. Enclosed on page c22__is a map showing the location of this raw water transmission main along the west and north property line of the Unisys Campus. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans and specifications for Contract 91-10 (North Well Field Transmission Main) and authorize the advertisement for a bid opening to be held at 11:00 a.m. on Friday, September 13, 1991. i c2 ( ■ • PROPOSED 16" TRANSMISSION MAIN St*IS ``'�u 1 ►�" TIMBERLIN N A sOik����/ m -' WELL a . / � Lu.- V eivl■ .. ..e D I 1 , Fo.,� 16" /12 0 ` OAK RD. PROPOSED WELL NO. 16 PROPOSED 18" TRANSMISSION 18" MAIN • _ o - o 7 /=4., N 0 c P.41 tUR Q UNISYS 1 PROPERTY 12 d\ LETENDRE ST. 5 N..20 .► �i Ps, o �2O" M ,,L o (_ 16.• 9 i/It �E<< f O _, , ��zv 116 a° _ • 24" N' 1 2 . -SCALE: 1"= 800" — i 6 co COACHMAN ROAD t— I I h / 12„ WATER TREATMENT° PLANT E ■ . YANKEE DOODLE (1.)t. ROAD . -// M N ,0 12” Anlir 4 e A I /16___34- _L� t•-• bil ' 7-0 CROSS 2 _�r' -�� 112" v ?OPERTY ,"' •�� 9 3 iZ• I-1 �ki r (- ., Drown Dr owing Title Comm P.S.H. r Ye siOa $1 P: • 'OSED TRANSMISSION MAIN 4773.00 Dote: AI$OCiltes, Inc. 'ROJECT NO. 611 =a .. sfan • Sur-Pryers • ?!weer. Sheet no. 8-6-91 .o.+ .... ......,u ...... . .,.e..4.4,... ...,s • r,.-.. ^ AGAN, MINNESOTA 3 Agenda Information Memo August 20, 1991, City Council Meeting • RECEIVE BIDS/AWARD CONTRACT (WILDERNESS RUN RD) N. Contract 91-08,Receive Bids/Award Contract (Wilderness Run Road -Reconstruction)-- At 11:00 a.m., on Friday August 16, 1991, formal bids were received for the reconstructs of Wilderness Run Road under the above-referenced contract. Enclosed on page is a tabulation of the bids received with a comparison of the low bidder to the estimate contained in the feasibility report presented to the Council on July 2, 1991. Due to the fact that various alternate bids were requested for different types of bituminous and aggregate base construction, an evaluation of these alternates will be performed by City staff with a recommendation being provided by City staff along with a status of Municipal State Aid approval which is necessary prior to contract award. This information will be provided prior to or at the Council meeting of August 20. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 91-08 (Wilderness Run Road - Reconstruction) and award the contract to the lowest responsible bidder subject to Municipal State Aid approval. • • • ,0.23 MIL WILDERNESS RUN ROAD UTILITIES AND STREET IMPROVEMENTS • PROJECT NO. 603 CONTRACT NO. 91-08 M.S.A. 195-116-01 CITY OF EAGAN BID TIME: 11:00 A.M. C.S.D.T. BID DATE: FRI. , AUG. 16, 1991 CONTRACTORS TOTAL BASE BID TOTAL BASE BID ALTERNATE #1 ALTERNATE #2 1. S.M. Hentges, Inc. $ 699,978.00 $ 683,378.00 2. Palda & Sons, Inc. 694,525.82 694,535.82 3. Bituminous Roadways 876,943.00 876,543.00 4. Alexander Const. Co. 879,519.63 880,409.63 LOW BID $ 683,378.00 Feasibility Report Estimate $ 657,524.00 Engineer's Estimate $ 745,500.00 $ 763,020.00 % Over (+) Under (-) F.R. + 3.93 X Over (+) Under (-) E.E. - 10.44 • Ad Agenda Information Memo August 20, 1991, City Council Meeting • RECEIVE FINAL ASSMT ROLL/ORDER PUBLIC HEARING (WILMUS ADDN) O. Project 592, Receive Final Assessment Roll/Order Public Hearing (VVilmus Addition Trunk Storm Sewer)--The installation of streets and utilities for the above-referenced subdivision has been completed, all costs have been tabulated and the final assessment roll has been prepared identifying the costs and method of financing these public improvements. This final assessment roll is being presented to the City Council for their consideration of scheduling a public hearing to formally present and discuss these final costs with the affected property owners. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for Project 592 (Wilmus Addition - Streets & Utilities) and schedule a public hearing to be held on September 17, 1991. RECEIVE FINAL ASSMT ROLL/ORDER PUBLIC HEARING (HILLS OF STONEBRIDGE 3RD ADDN) P. Project 597, Receive Final Assessment Roll/Order Public Hearing (Hills of Stonebridge 3rd Addition - Trunk Storm Sewer)--The installation of streets and utilities for the above- referenced subdivision has been completed, all costs have been tabulated and the final assessment roll has been prepared identifying the costs and method of financing these public improvements. This final assessment roll is being presented to the City Council for their consideration of scheduling a public hearing to formally present and discuss these final costs with the affected property owners. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for Project 597 (Hills of Stonebridge 3rd Addition - Trunk Storm Sewer) and schedule a public hearing to be held on September 17, 1991. CONTRACTUAL SNOW REMOVAL SERVICES. APPROVE SPECS/AUTHORIZE - SOLICITATION OF QUOTATIONS Q. Contractual Snow Removal Snow Services, Approve Specifications/Authorize Solicitation of Quotations--For the past three years, the City of Eagan has employed contractual services to supplement our Municipal snow removal services. The last two years have been a renewal of a previous contract with J & D Trucking, Inc. However, this company will no longer be providing these services. Therefore, it is appropriate for the City to resolicit quotations to provide contractual snow removal services for the 1991-92 snow season. The specifications do provide a clause whereby this contract can be renewed on an annual basis subject to the agreement of both parties. • ACTION TO BE CONSIDERED ON THIS ITEM: To approve the specifications for contractual snow removal services and authorize the solicitation of competitive quotations with a bid opening date scheduled for 11:00 a.m., Friday, September 13, 1991. as Agenda Information Memo August 20, 1991, City Council Meeting VACATION/NICOLS RD R. Vacate Public Right-of-Way,Receive Petition/Order Public Hearing (Nicols Road)--The staff has received a request from the Total Petroleum Gas Station located in the southeast corner of Diffley and Nicols Road requesting the City to vacate 10' of Nicol Road adjacent to their property which presently incorporates an old frontage road that is no longer needed by the City. With all application materials being properly submitted, it would be appropriate for the Council to schedule a public hearing to formally consider this request. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition and schedule a public hearing to be held on September 17 for a portion of Nicols Road public right-of-way. • • aL Agenda Information Memo August 20, 1991, City Council Meeting • PUBLIC HEARINGS MEADOWVIEW ROAD A. Project 615, Meadowview Road (Streets & Utilities)--On July 16, the Council receiv a feasibility report discussing these proposed improvements. Enclosed on pages 4.2 through !) Z_is a copy of that feasibility report for the Council's review during the public hearing presentation by City staff. Also enclosed on page 53 is a letter from one of the affected property owners expressing concerns with the current condition of the street and requesting the City to consider this improvement. All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. This proposed improvement has been identified in the draft 5-Year Capital Improvement Program for consideration in 1991. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/deny Project 615, Meadowview Road (Streets & Utilities) and, if approved, authorize the preparation of detailed plans and specifications} .°�•\ 2 ',lit A _ • �Aga ENGINEERS•ARCNITEC TS•PLANNERS Report Meadow View Road Street Construction City of Eagan Minnesota 5 City Project No. 615 SEH File No. 92000 July 16, 1991 , L. L. lltt! S SHORT ELLIOTT a8 HENDRICKSON INC. 411 REPORT MEADOW VIEW ROAD STREET CONSTRUCTION CITY OF EAGAN, MINNESOTA CITY PROJECT NO. 615 July 16, 1991 SEH FILE NO: 92000 410 I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. /21/t DATE: Jul 16, 1991 / REG. NO. 9402 • REVIEWED BY: it k .' ' i DATE: bl is Works De•artment 7—�� �/ REVIEWED BY: � , DATE: r?, ( (_q Fins e Department Arsapj ENGINEERS I ARCHITECTS I PLANNERS 3535 VADNAI5 CENTER DRIVE,ST PAUL,MINNESOTA 55110 612 490-2000 • July 16, 1991 RE: EAGAN, MINNESOTA MEADOW VIEW ROAD STREET CONSTRUCTION CITY PROJECT NO. 615 SEH FILE NO: 92000 Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55121 Attn: Thomas Colbert, Director of Public Works Enclosed is our report for the roadway construction of Meadow 0 View Road from T.H. 13 to the Chicago Northwestern Railroad right-of-way. The proposed improvements are feasible and will benefit the adjacent properties. Estimated costs and preliminary assessment roll are included in this report. We would be pleased to meet with you at your convenience to discuss this report. Sincerely, SHORT-ELLIOTT-HENDRICKSON, INC. c. Leonard C. Newquist .P.E LCN/cih Enclosure i SHORT ELLIO77 S%PALL, ^ WISCONSCHIPPEWA FALLS, HEIJDRICKSON INC MINNESOTA "1J IN TABLE OF CONTENTS TITLE PAGE CERTIFICATION TABLE OF CONTENTS LETTER OF TRANSMITTAL PAGE NO. SCOPE - 1 - FEASIBILITY - 1 - ROADWAY - 1 STREET LIGHTING - 2 - UTILITIES - 2 - General - 2 - PROPOSED UTILITY EXTENSION - 2 _ Watermain - 2 - Storm Sewer - 3 Sanitary Sewer - 3 - EASEMENTS - 3 - PERMITS - 4 - PROJECT AREA - 4 - COST ESTIMATES - 4 - ASSESSMENTS - 5 - REVENUE SOURCES _ 5 - PROJECT SCHEDULE - 6 - APPENDIX A - Preliminary Cost Estimates APPENDIX B - Preliminary Assessment Roll EXHIBIT DRAWINGS S 31 SCOPE This project consists of the construction of Meadow View Road between T.H. 13 and the Chicago Northwestern Railroad. The existing roadway is a gravel-surfaced, rural-type roadway approximately 22 feet wide. The properties to both the north and south of Meadow View Road are zoned light industrial. The general location is shown on Exhibit No. 1. Storm water from the east side of T.H. 13 discharges onto Meadow View Road through a culvert crossing T.H. 13. FEASIBILITY Based on our study, it is concluded that: 1. The total estimated project cost for street, utilities and street lighting is $456, 750. 2. The project is feasible from an engineering standpoint and will benefit the properties served. 3. This roadway project is on the current Capital Improvement Plan. 4. It is recommended that the project be constructed as proposed in this report and under a single construction project. ROADWAY This roadway is a reconstruction of the existing gravel-surfaced roadway. The roadway is proposed to be 36 feet wide, 10-ton design with B-618 concrete curb and gutter. The proposed section is shown on Exhibit No. 2. The roadway will terminate in a cul- de-sac near the railroad right-of-way as shown on Exhibit No. 4. In addition to the above roadway improvements, there are proposed to be eight driveways constructed to serve the adjacent properties. These driveways will be built in accordance with Eagan Public Works Department Standard Plate No. 440 for light ill -4,;;;L. • truck traffic. The cost of the driveways are included in the street costs and are proposed to be assessed to the properties served. STREET LIGHTING Three 250-watt high pressure sodium shoe box type street lights are proposed to be installed on this project. The proposed locations are shown on Exhibit No. 4. Northern States Power Company serves this district in Eagan. UTILITIES General The properties on the south side of Meadow View Road are developed and are served with City sanitary sewer and watermain. A majority of the property on the north side of Meadow View Road is undeveloped. A 12-inch watermain is located on the south side of Meadow View Road right-of-way and a 12-inch trunk watermain is located on the east side of T.H. 13. A trunk (MWCC) sanitary sewer is located on the west side of T.H. 13. An existing sanitary sewer is located on railroad right-of-way just west of Meadow View Road. Storm water pond CP-9 is located west of the railroad right- of-way across from Meadow View Road. The existing utilities are shown on Exhibit Nos. 3 and 4. PROPOSED UTILITY EXTENSION Watermain Four extensions are proposed from the Meadow View Road watermain as shown on Exhibit No. 3 to serve each of the four properties on the north side of Meadow View Road. Six- inch services are proposed to serve all parcels. A one-inch service is proposed to extend from the six-inch extension to serve the existing house. - 2 - r57-5 Sanitary Sewer An eight-inch sanitary sewer is proposed to serve the westerly three properties north of Meadow View Road as shown on Exhibit 3. The easterly parcel may be served by the 36- inch sanitary sewer located on the west side of T.H. 13. Storm Sewer The proposed storm sewer is shown on Exhibit No. 4, and the storm drainage district is shown on Exhibit No. 7. In addition to serving Meadow View Road drainage and portions of the property both to the north and south of Meadow View Road, this storm sewer system will serve an area east of T.H. 13. Storm water from the area east of T.H. 13 reaches Meadow View Road through the culvert crossing under T.H. 13 shown on Exhibit No. 4. The proposed storm sewer will pick up the drainage at the west end of the culvert. Storm sewer stubs, shown on Exhibit No. 4, are proposed to serve the properties to the north and south of Meadow View Road. The storm sewer is proposed to discharge into Pond CP-9 located west of the railroad right-of-way. Pond CP-9 receives 207 acres of direct runoff and 1,077 acres of ponded runoff for a total tributary area of 1, 287 acres. The storage volume of pond CP-9 is 63.7 acre feet with a normal water level elevation of 698.7 feet and a high water level elevation of 702.0 feet and an outflow of 204 cfs. EASEMENTS The existing right-of-way for Meadow View Road is only 30 feet wide. It is proposed that an additional 30 feet of right-of-way be obtained all from the undeveloped property to the north in order to build the roadway as proposed. Also, additional right- of-way is proposed in order to construct the cul-de-sac at the west end of the roadway and also additional right-of-way is proposed on the south side adjacent to T.H. 13 in order to . maintain a more perpendicular connection to the highway. - 3 - 3 • Temporary easements will be necessary for slope grading to the adjacent properties. The anticipated right-of-way and temporary easements are shown on Exhibit No. 5. The house to the north of Meadow View Road will be approximately 10 feet from the north right- of-way line. PERMITS The following regulatory agency permits will be needed: 1. Minnesota Department of Health - Watermain Extension 2. Minnesota Pollution Control Agency and Metropolitan Waste Control Commission - Sanitary Sewer Extension 3. Lower Minnesota Watershed District - Storm Water Drainage 4. Chicago Northwestern Railroad - Work on Railroad Right-of-way 5. Minnesota Department of Transportation - Roadway Work on Highway Right-of-way PROJECT AREA The nine properties benefiting from the street, water and/or sanitary sewer improvements are shown on Exhibit No. 6. Exhibit No. 6 shows the property identification number and the benefits received for that parcel from this improvement (street, water and/or sanitary sewer) . The six properties that are within the storm drainage district are shown on Exhibit No. 7. COST ESTIMATES Detailed cost estimates are located in Appendix A. The estimates include contingency and legal, administrative, engineering and bond 0 costs. A summary of the costs is as follows: - 4� 3 Street $307, 200 • Storm Sewer 84, 200 Street Lighting 13, 250 Watermain 23, 500 Sanitary Sewer 28, 600 Total Estimated Cost $456,750 This estimate does not include the unknown cost of right-of-way and/or easement acquisition. ASSESSMENTS Assessments will be based on final construction costs plus related overhead expenses, estimated to be 35 percent of the construction cost and all costs associated with easement and right-of-way acquisition. The assessments will be spread over a fifteen ( 15 ) year period with the interest rate determined by the results of the bond sale. The method proposed to assess the roadway and street lighting costs on a front-footage of the parcels lying adjacent to the roadway. Watermain extension will be assessed to the parcels benefited. Sanitary sewer extension is proposed to be assessed equally to the three benefited properties. Storm sewer is proposed to be assessed to that portion of the parcels within the storm drainage district on an area basis. REVENUE SOURCES All of the costs for this improvement is proposed to be assessed in accordance with current City policy. - 5 - 3 (4) PROJECT SCHEDULE Present Report July 16, 1991 Public Hearing August 20, 1991 Approve Plans & Specifications September 16, 1991 Advertise for Bids September 18, 25 & October 2, 1991 Open Bids October 14, 1991 Award Construction Contract October 22, 1991 Construction Begins November 11, 1991 Utility Work Complete December 20, 1991 Begin Roadwork April 15, 1992 Final Completion June 26, 1992 Final Assessment Hearing August, 1992 First Payment Due with Real Estate Taxes May, 1993 • 6 - III APPENDIX A PRELIMINARY COST ESTIMATE MEADOW VIEW ROAD PROJECT NO. 615 III . 3 8 STREETS EST. UNIT DESCRIPTION UNIT QTY. PRICE AMOUNT MOBILIZATION L.S. 1 $9, 000.00 $9, 850.00 CLEAR & GRUB TREES EACH 4 150.00 600.00 COMMON EXCAVATION C.Y. 5, 800 5.00 29, 000.00 GRANULAR BORROW C.Y. 4, 800 8.00 38, 400.00 SELECT TOPSOIL C.Y. 580 5.00 2, 900.00 SUBGRADE PREPARATION R.S. 14 150.00 2, 100.00 AGGREGATE BASE, CL. 5, 100% CRUSHED TON 4,400 7.50 33, 000.00 TYPE 41 WEARING COURSE TON 520 25. 50 13, 260.00 TYPE 31 BINDER TON 650 22.00 14, 300.00 TYPE 31 BASE TON 1, 150 22.00 25, 300.00 TACK COAT GAL. 600 2.00 1, 200.00 CONCRETE DRIVEWAY APRON S.Y. 500 20.00 10, 000.00 B-618 CONCRETE CURB L.F. 2, 400 5.00 12, 000.00 CONCRETE VALLEY GUTTER L.F. 480 10.00 4, 800.00 SILT FENCE L.F. 1, 200 3.00 3, 600.00 SODDING S.Y. 2, 500 2.00 5,000.00 SEEDING ACRE 1 1,000.00 1,000.00 MULCH TON 2 200.00 400.00 DISC ANCHORING ACRE 1 100.00 100.00 HYDRANT EXTENSION L.F. 4 20.00 80.00 SUBTOTAL STREETS $206, 890.00 PLUS 10% CONTINGENCIES 20, 690.00 ESTIMATED CONSTRUCTION COST $227, 580.00 IIIPLUS 35% LEGAL, ADMINISTRATIVE, ENGINEERING AND BOND INTEREST 79, 620.00 TOTAL ESTIMATED COST $307,200.00 3 STREET LIGHTING EST. UNIT DESCRIPTION UNIT QTY. PRICE AMOUNT 250 W SHOE BOX LIGHT EACH 3 $3,000.00 $ 9,000.00 SUBTOTAL $ 9, 000.00 ENERGY COSTS 10. 95/LT. /M0. X 12 MO./YR. X 5 YRS. X 3 LIGHTS = 1, 971 STREET LIGHTS AND 5-YEAR ENERGY COST $ 10, 971 .00 PLUS 5% CONTINGENCIES 549.00 ESTIMATED CONSTRUCTION COST $ 11, 520.00 PLUS 15$ LEGAL, ADMINISTRATIVE, ENGINEERING AND BOND INTEREST 1,730.00 TOTAL ESTIMATED COST $ 13,250.00 I, k*Z2) IIISTORM SEWER EST. UNIT DESCRIPTION UNIT QTY. PRICE AMOUNT MOBILIZATION L.S. 1 $2, 700.00 $2, 700.00 12" RCP STORM SEWER L.F. 116 18.00 2,088.00 15" RCP STORM SEWER L.F. 450 20.00 9,000.00 18" RCP STORM SEWER L.F. 370 22.00 8, 140.00 27" RCP STORM SEWER L.F. 850 28.00 23, 800.00 STANDARD MANHOLE L.F. 42 95.00 3, 990.00 STANDARD CATCH BASIN L.F. 36 100.00 3, 600.00 CASTINGS EACH 16 200.00 3, 200.00 CONNECT TO EXISTING MANHOLE EACH 1 200.00 200.00 SUBTOTAL STORM SEWER $ 56, 718.00 III PLUS 10% CONTINGENCIES 5, 672.00 ESTIMATED CONSTRUCTION COST $ 62,390.00 PLUS 35% LEGAL, ADMINISTRATIVE, ENGINEERING AND BOND INTEREST 21, 810.00 TOTAL ESTIMATED COST $ 84,200.00 4 WATERMAIN 'II EST. UNIT DESCRIPTION UNIT QTY. PRICE AMOUNT MOBILIZATION L.S. 1 $1,000.00 $1, 000.00 6" DIP WATERMAIN L.F. 240 13.00 3, 120.00 8" DIP WATERMAIN L.F. 100 18.00 1, 800.00 6" GATE VALVE & BOX EACH 6 400.00 2,400.00 FITTINGS LB. 1,400 2.00 2, 800.00 CONNECT TO EXISTING WATERMAIN EACH 1 200.00 200.00 HYDRANT EACH 2 1,200.00 2,400.00 CUT INTO & CONNECT TO EXISTING WATERMAIN EACH 3 600.00 1, 800.00 1" CURB STOP & BOX EACH 1 80.00 80.00 1" COPPER SERVICE L.F. 20 8.00 160.00 ill SUBTOTAL WATERMAIN $ 15, 800.00 PLUS 10% CONTINGENCIES 1, 580.00 ESTIMATED CONSTRUCTION COST $ 17,380.00 PLUS 35% LEGAL, ADMINISTRATIVE, ENGINEERING AND BOND INTEREST 6, 120.00 TOTAL ESTIMATED COST $ 23, 500.00 1, L4- :).. SANITARY SEWER EST. UNIT DESCRIPTION UNIT QTY. PRICE AMOUNT MOBILIZATION L.S. 1 $1,000.00 $1,000.00 8" SANITARY SEWER 10-12' DEEP L.F. 500 15.00 7, 500.00 8" SANITARY SEWER 12-14' DEEP L.F. 130 16.00 2,080.00 STD. MANHOLE 8 ' DEEP EACH 3 1, 100.00 3, 300.00 ADDITIONAL MANHOLE L.F. 16 80.00 1,280.00 SERVICE WYES EACH 3 100.00 300.00 6" SERVICE PIPE L.F. 90 15.00 1,350.00 CONNECT TO EXISTING MANHOLE EACH 1 200.00 200.00 CONSTRUCT OUTSIDE DROP L.F. 6 180.00 1,080.00 ROCK STABILIZATION TON 100 12.00 1, 200.00 III SUBTOTAL SANITARY SEWER $ 19, 290.00 PLUS 10% CONTINGENCIES 1, 929.00 ESTIMATED CONSTRUCTION COST $ 21, 219.00 PLUS 35$ LEGAL, ADMINISTRATIVE, ENGINEERING AND BOND INTEREST 7,381 .00 TOTAL ESTIMATED COST $ 28, 600.00 S 45 APPENDIX B PRELIMINARY ASSESSMENT ROLL PROJECT NO. 615 ■ 1, 40 • lO d' CO tO CO tO N d' CT ON N ri 0 a E r4 0') 0 r-I Q► r-1 O► 01 ell 0 N d' In RC Z N 00 ON %0 N In O '4 V er 1-1 I1) N O U! N d' M Q► CO 1/40 N CO 0 O N 1.4 tO E IIC N r-1 N Cr) IA V C') 10 N '4 11) r-1 er • >4 O 4 r4 en er C'7 O C Z 3 is7 Ch re) ICf IA II'LA f � a LC CO y Q► ON O► N Z M r-I r-1 N 1-4 0 '� 0 Z M N N N It) W O di ■0 MI el E N RC N 3 0 N O 3 to CO N N It) d' r-4 It) N . 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' `\J pl, m AVE .,--' �9 w,! y/ LINE DR :...i _ 1 .-,o E A -LE I H -J SE / SKYLINE — ( SW C \ � $W —1 SKYLINE RD °z W Lw6� S 1 te/ I' J 1- J _ a DI SKYLINE TR I 3 o I/ _ >/ _ . AIME y Q k �Lj QJ, i ` SKYLINE PAT"' LA m W. mil I I a LONE; OAK RD ` fff dD _-' -t- --- - -- - r® �/ -_-- -CO Rd No 26) +� ¢ I Q Q: C: OpP1 to li O 2 W r 1 • k'z' i . /j 3 4 N NE ME" ADOVIEWR. RED CEDAR \ r L F Q NW UN' Op ,OW.•RVI RD \\ �\`,L.Cr.\ i' A V Nir F0.RN I DLWRRY > \\4��\s,t L, N gOMr� OAKS I R. 4D a .l{,t�� \\% 0 4 4/4'o. $I; S 4O RD MOO • 1 f PARK 8 — – ' IZ ' — - �- - 1C. • ° U'°9<<� F E PROJECT LOCATION : p 4 v �S Y O ?� ,�4e ° W r•• O ? //O - TAMARAC 9 SE • / , `I a I W W z -� • QUARRY .= HICE SW •_ BINOFrWA P P W - PARK o I 1 •-FOREST R ■/ F , BLUFF , •?i ,. ¢ Y\ � a � - I.I - IRONMIOOC l f 9t`; LO ; v �j ,,..,./ REDWOOD �j o CENTURY jrj _SPRUCE p O�� I� o - ? YANKE3 tA/ r QQ c4 i� ,� - �'/ ' WATER/ \\y\ =fj;0<H �Q TREATMENT /� p I FAci /TY 10 rn GREEN4 .45' au uc i ' 1yq �fCPARK L GAQRAKGE_ i .•. - /3 _ / 0 VIO ET p Q '�► V i ,�� •� �� �i 1-.FE 1!! tC�Y $W CU°V7�. ENGLE i • I 11 N C4 E fin, ArKw K //'T-� W.- 1 c -••I. •� • • LOCATION MAP 7/16I ,� ADOW VIEW ROAD FILE A . 92000 E GAN, MINNESOTA FIG. NO.LtL ENGINEERS/ARCHITECTS/PLANNERS PRO'J. NO. 615 1 . T� • Q I 1 i I I C Co El of N 0 N 1 N I O C) W e I o D CC 0 0 I � 0 V 0 � CC I 1(i) I I I= ww I °° °° C r r- *' Q J_ I v Cv) C") CO lii will Z I �- } } >- Q ¢ o QI— � 0 N 0 1 0 I : N N N (V N U r Q 1 r O in - -- I F— r Cn CD C") ' I I • o5 0 o N . I CD m I ' I ' r--i I 0 .J I Q N m • I O O . 0 T N 1 1` m cn s 0 I 0 I . Ls- , \ • \ .y\ TYPICAL STREET SEC IION 7/16/91 0 Ise NIEADOW VIEW ROAD FILE NO. ® 92000 � kJE AGAN, MINNESOTA FIG. NO. ENGINEERS I ARCHITECTS I PLANNERS \ PROJ. NO. 615 2 -... 1.--%=. OD N - .. CITY SEWAGE PUMPING STATION li • iso -6" SERVICE & HYDRANT ,..,,�, co' - _f ' ...,.... 6" SERVICE F _ "'Er N - 1\6" SERVICE & HYDRANT i". • . , .. . . . ,, , .X ._ __ , ,-, ..i.--:- \ 8' f ' M CJ • ' -� 6" SERVICE N' • �j "c $ :II LEGEND J WATERMAIN 3 -6,, ---._ ,,VE- ---___._ . i i`}� �— SANITARY SEWER vi.,.... . 7- c PROPOSED SANITARY SEWER & WATERMAIN 716/ Al ' MEADOW VIEW ROAD FILE h . 9200() 4 EAGAN, MINNESOTA FIG. NO ENGINEERS•ARCHITECTS I PLANNERS `C PROJ. NO. 615 3 • POND CP-9 '"1= 11:& 111.'%alc R 7 71 V. - 2),, MATCH EXIST ROADWAY 0 a r t ti 1 GV I 1110 , - N -. LC p - 15" 18 ill CO • r -^./., ---._ 15 _ 18" LEGEND END >_ rs �--�— STORM SEWER a T - _ r�; ROADWAY 1 5 STREET LIGHT EXISTING C.M.P. CULVERT .- r L(r,PROPOSED ROADWAY & STORM SEWER 7/16/91 • ® EADOW VIEW ROAD FILE "°- 92000 AGAN, MINNESOTA FIG NO ENGINEERS•ARCHITECTS•PLANNERS PROJ. NO. 615 4 1 I --e !1:5;==--%mr- 1, . . : • . . , .. „ , 1 1 .. t , -. :.:.:.:, , J co ;:•:...,-- 1 L: Y. i ti 1 ■ 1ThEXISTING HOUSE ID ' . • ,• , _, . , . , _ . :: z ... IA ar - ti` :-APPROX. 600' x 20' f TEMP. EASEMENT _.,:: . 30' v .- `°- 1:fC 30' EASEMENT MAP . 7/16/91 ,�► MEADOW VIEW ROAD FILE 920 EAGAN, MINNESOTA FIG. NC). - ANEW"ENGINEERS•ARCHITECTS I PLANNERS J G"D P R OJ. NO. 6 1 5 • STREET 39900-010-01 WATER STREET , ; Il SAN. SEWER (75' CORNER LOT CREDIT) - T ,- S . N V F -O } O co N N 00800- 020-04 o _ N - • 9900- Can 010-02 •- STREET = 00800-010-04 ' !' (75' CORNER b '" STREET -• ' LOT CREDIT) WATER 030-04 SAN. SEWER • - �F 050 00 0 STREET • STREET •r WATER -- - -- SAN. SEWER 22480-010-01 ; •---- 6• r ` ' STREET c° , ;i.; •• N -- 00900-010-26 o STREET r;` ; w 22480-020-01 WATER STREET 0 ; ti�r` rr � f ASSESSMENT MAP (UTILITY & STREET) 7/16/91 • MEADOW VIEW ROAD FILE NO.Ag/r5arli 92000 ANEW c 1 EAGAN, MINNESOTA FIG. NO. ENGINEERS I ARCHITECTS I PLANNERS \ PROJ. NO. 6 1 5 6 • • { 48100- F, • . ' 050-00 22480-010-01 22480-020-01 0_0_9,0_0-010-26 - I,.„.. . _ _. ., _. _ - _. . _. „_ . , . , _ . _, _ _ . . , ': 1 O v; Q 10,4 I o _- LEGEND : 00900-012-31 ,*6 -- - ^`r STORM DRAINAGE 00900-017-51 �✓ DISTRICT BOUNDARY 4. j // AREA TO BE ASSESSED STORM SEWER • DRAINAGE DISTRICT AND ASSESSMENTS 7/16/4 Adonr4111/50 MEADOW VIEW ROAD FILE NO. 92000 c_S> EAGAN, MINNESOTA FIG. NO ENGINEERS•ARCHITECTS II PLANNERS J. NO. 615 7 RECEIVED MAY 3 0 1991 (612) 291-2655 LEITNER COMPANY 945 RANDOLPH AVENUE ST. PAUL, MINNESOTA 55102 May 28 , 1991 City of Eagan Tom Colbert Director of Public Works PQe.; 4/ S 3830 Pilot Knob Road Eagan , MN 55122 Dear Sir : This letter is meant as a follow-up to my phone con- versation with your staff-person, earlier this month. My property on Meadowview Road has become difficult , to imposs- ible, to use after rain , due to the increased and redirected run off water, over the past several years . It is my under- standing that road and drainage improvements for Meadowview • are in the plans . Your earliest consideratin of this project would be greatly appreciated . Sincerely, Mike it -r • Agenda Information Memo August 20, 1991, City Council Meeting 411 OLD BUSINESS PRETTYMAN HEIGHTS, DECLARATION OF DEFAULT A. Prettyman Heights,Declaration of Default--On the August 6 Council meeting,there was an agenda item scheduled under the Administrative Agenda to consider declaring the Prettyman Heights Addition in default of its development contract agreement. Prior to the start of that meeting, Mr.Prettyman spoke with the Director of Public Works and requested a 2-week continuance to allow him to clear up this issue by August 16. As of that date, staff has not seen a satisfactory resolution to these outstanding concerns. City staff has been working with the developers of the Prettyman Heights Addition to try and obtain compliance with the Development Contract Agreement. Many of the issues have been resolved. However, there remains a significant financial obligation that has yet to be complied with in spite of continued requests by staff ands eral extensions and schedules Si worked out with the developer. Enclosed on pages through S7 are copies of formal correspondence sent to the developer regarding their requirements and agreed upon schedule of compliance. As of this date, the developer has not complied with the agreed upon extension dates. Subsequently, staff is requesting a formal declaration of default by Council action to allow the City to proceed with liquidating the financial security to cover the following identified obligations. • ITEM AMOUNT Street Cleaning $2,255.27 Street Sign Installation 892.84 Balance Due on Development Escrow Account 7,636.80 Installation of Residential Streetlighting System 10,884.46 TOTAL $21,668.93 The developer has been informed that this item and requested Council action will be considered at the August 6 meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To declare the development of the Prettyman Heights Addition in default and authorize the liquidation of the financial security and initiation of appropriate action to secure compliance with the Development Contract. 5 . '_cityoFeagan 0 3830 PILOT KN08 ROAD THOMAS EGAN EAGAN,MINNESOTA 55122.1897 moo' PHONE (612)454-8100 DAVID K GUSIAFSON FAX (612)454.8363 PAMELA McCREA TIM PAWLENTY THEODORE wACHFER April 5, 1991 council Members THOMAS HEDGES DONALD PRETTYMAN CRy Administrator 1480 SKYLINE ROAD CERTIFIED MAIL VAN cl EKE EAGAN, MN. 55121 RE: Prettyman Heights - Project Compliance • Dear Mr. Prettyman: As you may be aware, there are several issues associated with the development of Prettyman Heights which remain outstanding. Completion dates identified in the Development Agreement do not exceed August 15, 1990. Therefore, please consider this letter formal notification requesting completion of the items listed below by May 2, 1991. Failure to comply by this date will result in staff's recommendation to the City Council of a Declaration of Default by the developer. This action will initiate the City's collection of Irrevocable Letter of Credit No. 131 from Dakota County State Bank and the assumption of the remaining obligations. II 1. Payment to the City of $14,955.41 which are summarized in the enclosures. 2. Payment to NSP for streetlights which will allow NSP to complete this obligation. 3. Lots 16 & 17, Block 1, Prettyman Heights need to be.restored. 4. Several boulevard areas will need topsoil and reseeding wherever vegetation has not adequately been established. 5. Stabilization and reshaping of the drainage diversion along the rear property lines of Lots 4 and 5, Block 1, as a permanent swale. Please be advised that staff intends to schedule this project for the May 9, 1991. Council meeting unless all items are resolved. If you have any questions or if I can be of any assistance, please contact me at 454-8100. Sin ly your raig E :::::er -------- Engineering Technician 'II III ,...,.. cc: Thomas A. Colbert, Director of Public Works Stan Lexvold, Engineering Technician G. E. Marko, Dakota County State Bank CEK/if THE LONE OAK TREE...THE l OF STRENGTH AND GROWTH IN OUR COMMUNITY Equ • /Affirmative Action Employer mos POW l 'r1j • " city oFaagan Oi 3830 PILOT KNOB ROAD THOMAS EGAN EAGAN,MINNESOTA 55122.1897 Mayor PHONE:(612)454 8100 DAVID K GUSTAFSON FAX (612)454-8363 py„ A MA TIM PAWLENTY THEODORE WACHTER APRIL 29, 19 91 Council Members THOMAS HEDGES Cfy Administrator • EUGENE VAN OVERBEKE City Clerk DONALD PRETTYMAN . 1480 SKYLINE ROAD EAGAN, MN. 55121 RE: Prettyman Heights - Project Compliance Dear Don: In summary of our meeting this morning regarding the compliance of terms associated with the Development Agreement for Prettyman Heights, the City has agreed to provide extension of dates as listed below: 1. Payment of the sod bill will be paid to the City no later than I (-2(.' June 1, 1991. Payment of the negative balance on the Developer's escrow and all streetlight costs are to be paid by July 26, 1991. 3 . Restoration of Lots 16 and 17, Block 1, Prettyman Heights will be completed by July 26, 1991. 4 . All boulevard areas requiring topsoil and seed will be restored by June 1, 1991. Please contact Engineering for an inspection when this item is complete. 5. An agreement with the buyers of Lots 4 and 5, Block 1, Prettyman Heights must be . signed insuring the permanent stabilization of the drainage diversion along the rear property lines. . • 0 THE LONE OAK TREE...THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Eaunt nmortun it ative Action Employer Page Two I (! April 29, 1991 '11 It was agreed through this meeting that failure to comply to any of the above-mentioned items would result in the collection of Irrevocable Letter of Credit No. 131 from Dakota County State Bank. In addition, if at any time the City determines that it is necessary to make immediate corrections that it may collect the financial guarantee to do so without further notice to the Developer. Please contact me at 454-8100 if you have any questions. S aig E. Knudsen Engineering Technician cc: Thomas A. Colbert, Director of Public Works Stan Lexvold, Engineering Tech G.E. Marko, Dakota Cty. State Bank ( CEK/j f 4' 0 5 7 -- . _ . - Agenda Information Memo August 20, 1991 City Council Meeting RESOLUTION/MPCA AIR MISSION PERMIT/SENECA PLANT B. Resolution, City's Position on the MPCA Air Emission Permit for the Seneca Waste Water Treatment Plant--As the Council is aware, the MWCC has applied for an air emission permit from the MPCA for the Seneca Plant. This permit is necessary in order to construct and operate the Seneca Plant including, among numerous other items, the incinerator improvements and the N-Viro project. The MPCA had tentatively scheduled action on this permit by its board for August 27, 1991. The City of Eagan had forwarded a comment letter to the MPCA regarding this permit which basically stated that the City believed the proposed permit to be in compliance with all applicable Minnesota and federal statutes, federal regulations and Minnesota rules. The City did have a concern regarding the schedule contained in the permit; however, the City urged that the permit be issued in as timely a manner as possible and that the schedule items would be resolved. Staff has since been informed by the MPCA that two parties, John Westley and Earth Protector, Inc. (Leslie Davis), have requested a contested case hearing on this permit. If this request is granted, it could seriously affect the time schedule for the completion of the incinerator improvements and the N-Viro project. Attached for the Council's information on pages...53 through Col are a copy of a • memorandum from Senior Planner Marnin describing this development in detail, a copy of a proposed letter to the MPCA regarding this matter, a copy of a proposed resolution stating the position of the City of Eagan regarding the air emission permit for the Seneca Waste Water Treatment Plant and a copy of the original letter which the City of Eagan sent to the MPCA on August 2, 1991 regarding its position. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the proposed resolution as proposed in the packet regarding the City's position on the MPCA air emission permit for the Seneca Waste Water Treatment Plant. • M E M O R A N D U M TO: Tom Hedges, City Administrator g Y II FROM: Kristy Marnin, Senior Planner..I/ DATE: August 13, 1991 SUBJECT: City Council Agenda Item - August 20, 1991 Meeting Seneca Plant Air Emission Permit - City's Position Regarding Contested Case Hearing Requests The City Council is requested to approve the attached resolution and transmittal letter to the Minnesota Pollution Control Agency (MPCA) regarding the City's position on the requests for a contested case hearing on the air emission permit for the Seneca Wastewater Treatment Plant. The following is a brief background on this issue. The MWCC has applied for an air emission permit from the MPCA for the Seneca Plant. This permit is necessary in order to construct and operate the Seneca Plant including, among numerous other items, the incinerator improvements and the N-Viro project. This permit was released for public comment in June 1991, with the comment period ending on August 5, 1991. The MPCA had tentatively scheduled action on the permit by its Board for August 27, 1991. John Wood, the City's consulting engineer for the Seneca prcject, III has reviewed this permit for the City. In general, Mr. Wood's review indicated that the permit is a very thorough document that provides specific requirements that the MWCC must meet in order to be in compliance with all applicable Minnesota and federal statutes, federal regulations and Minnesota rules. The only issue raised in his review regarded dates contained in the construction schedule in the permit, which have yet to be formally established and agreed upon by the City. A comment letter from the City to the MPCA on the permit was prepared incorporating Mr. Wood's review and comments. This letter was transmitted to the MPCA on August 2, 1991. A copy of this letter is attached. Staff has since been informed by the MPCA that two parties, John Westley and Earth Protector, Inc. (Leslie Davis) , have requested a contested case hearing on this permit. The effect of these requests is a delay in issuance of the permit by the MPCA until the September 1991 Board meeting at the earliest. A delay in the issuance of the permit effectively delays completion of incinerator improvements and the N-Viro project. Whether the MPCA Board denies or grants a contested case hearing, the schedule for completion of incinerator improvements and the N-Viro project will be delayed. If the MPCA Board denies the contested case hearing and this denial is not appealed, the delay in completion should only be a few months later than the original completion dates of July 1992 for 40 Tom Hedges August 13, 1991 Page 2 the N-Viro project and December 1992/July 1993 for the incinerator. If the MPCA Board denies the contested case hearing and this denial is appealed, or if the MPCA Board grants the contested case hearing, the delay in completion of incinerator improvements and the N-Viro project could be many months or possibly years later than originally scheduled. Given that the City's consultant has found the air emission permit to be in accordance with all applicable Minnesota and federal statutes, federal regulations and Minnesota rules; and given that the City and Wuthering Heights neighborhood residents have long expressed the importance of odor control and air emission improvements at Seneca; and given the recent negotiation on the part of the City, residents and the MWCC for installation of the N- Viro project as a measure to alleviate odors from the incinerator as soon as possible; the delay created by the requests for a contested case hearing on the air emission permit has placed an unwarranted burden on the City and its residents of the potential for additional months, if not years, of odor at the Seneca Plant. It may be appropriate to communicate this impact to the MPCA. The attached resolution and transmittal letter informs the MPCA of the City's position and the potential burden created by the requests for a contested case hearing. If approved by the City Council, these items will be sent to the MPCA for their consideration in action on issuance of the permit. I will be following this issue through the MPCA process and will keep you apprised. If you have any questions regarding this matter, please advise. Attachments cc: Dale Runkle Jim Sturm • D E . "a _city of cctcJci L 0 3830 PILOT KNOB ROAD THOMAS EGAN EAGAN,MINNESOTA 55122-1897 Mayor PHONE(612)454-8100 DAVID K.GUSTAFSON FAX:(612)454-8363 PAMELA MCCREA TIM PAWLENTY THEODORE WACHTER Council Members THOMAS HEDGES City Administrator August 20, 19 91 EUGENE Cl OVERBEKE Charles W. Williams, Commissioner Minnesota Pollution Control Agency 520 Lafayette Road North St. Paul, Minnesota 55155 RE: Air Emission Permit No. 879A-91-OT-2 Dear Commissioner Williams: The City of Eagan has been informed that two parties have each requested a contested case hearing on Air Emission Permit No. 879A- 91-OT-2 for the Seneca Wastewater Treatment Plant located in Eagan. ' This letter is to inform you that these requests do not represent the best interests of, and may in effect place an unwarranted burden on, the City and its residents. The City commented on this air emission permit in a letter to the Agency dated August 2, 1991. Briefly, these comments stated that the City found the permit to be very thorough and in compliance with all applicable state and federal regulations. This comment letter also noted the need for the City and the Metroplitan Waste Control Commission (MWCC) to establish and agree upon certain dates contained in the construction schedule within the permit. However, the City stated in the letter that .the permit should be issued in a timely manner, and that the construction schedule dates would be worked out between the City and the MWCC. As you may be aware, the City and the MWCC entered into a Development Agreement on March 2, 1989 pertaining to the Seneca Plant expansion and upgrade. Since that time, the City and the MWCC have had ongoing negotiations to ensure that activities and operations at the Seneca Plant are not detrimental to the City, its residents and the environment. We believe that the contested case hearing requests are not in the best interests of the City, and the delay created by the requests effectively delays installation and operation of incinerator and other odor and air emission improvements. This delay in w' THE LONE OAK TREE...THE SYMBOL F GTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer Commissioner Williams • August 20, 1991 Page 2 improvements creates a hardship for the City and its residents because of the potential for additional months, if not years, of unimproved incinerator odors and air emissions at the Seneca Plant. As such, the Eagan City Council has adopted the enclosed resolution requesting that the Minnesota Pollution Control Agency deny the requests for a contested case hearing and approve issuance of the air emission permit for the Seneca Plant. Thank you for your consideration of this request. Sincerely, Thomas A. Egan Mayor Enclosure cc: Lisa J. Thorvig, Chief, Air Quality Division Lori A. Bartels, Air Quality Division S RESOLUTION STATING THE POSITION OF THE CITY OF EAGAN REGARDING AIR EMISSION PERMIT NO. 879A-91-OT-2 FOR THE SENECA WASTEWATER TREATMENT PLANT WHEREAS, the City Council of the City of Eagan is the official governing body of the City of Eagan ("City") ; and WHEREAS, the Seneca Wastewater Treatment Plant ("Seneca") is located within the City of Eagan; and WHEREAS, the Metropolitan Waste Control Commission ("Commission") , as the owner/operator of Seneca, is currently constructing an expansion and upgrade of Seneca, including incinerator and odor control improvements; and WHEREAS, the City and the Commission entered into a Development Agreement on March 2, 1989 pertaining to the Seneca expansion and upgrade project; and WHEREAS, the City and the Commission have had ongoing negotiations since that time to ensure that activities and operations at Seneca are not detrimental to the City, its residents and the environment; and WHEREAS, the Commission has applied for an air emission permit from the Minnesota Pollution Control Agency ("Agency") to construct and operate improvements to Seneca; and WHEREAS, the Agency released for public comment draft Air P Emission Permit No. 879A-91-OT-2 for Seneca in June 1991; and WHEREAS, the City reviewed this permit and commented in a letter to the Agency dated August 2, 1991; and WHEREAS, the City has been informed by the Agency that two parties have each requested a contested case hearing on this permit; and WHEREAS, these requests for a contested case hearing effectively delay issuance of the permit and therefore delay construction and operation of improvements to Seneca; and WHEREAS, based upon the City's review of the air emission permit and the record established by the Seneca Plant Development Agreement and ongoing negotiations between the City and the Commission, the City Council of the City of Eagan finds the following: 1. Air Emission Permit No. 879A-91-OT-2 is in compliance with all applicable Minnesota and federal statutes, federal regulations and Minnesota rules. 2. Expedient installation of odor control and air emission 411 improvements at Seneca is in the best interests of the City 3 and its residents. S3. The requests for a contested case hearing on Air Emission Permit No. 879A-91-OT-2 do not represent the best interests of the City and its residents, and delay issuance of said permit. 4. The delay in issuance of Air Emission Permit No. 879A-91-OT-2 effectively delays installation of odor control and air emission improvements at Seneca. 5. The delay in installation of odor control and air emission improvements places an unwarranted burden on the City and its residents of the potential for additional months, if not years, of unimproved incinerator odors and air emissions from Seneca. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EAGAN IN REGULAR MEETING ASSEMBLED, that the City hereby respectfully requests the Citizens Board of the Minnesota Pollution Control Agency to deny the requests for a contested case hearing on Air Emission Permit No. 879A-91-OT-2 and to approve issuance of said permit in an expedient manner to facilitate completion of needed improvements to the Seneca Wastewater Treatment Plant. Passed and adopted this day of , 1991. • CITY OF EAGAN BY: Thomas A. Egan ITS: Mayor ATTEST: BY: E.J. VanOverbeke ITS: Clerk ( 4 •1 • _city of aagan = 3830 PILOT KNOB ROAD THOMAS EGAN EAGAN,MINNESOTA 55122-1897 Ah°yo1 PHONE:(612)454-8100 DAVID K.GUSTAFSON FAX:(612)454-8363 PAMELA I cREA TIM PAWLENTY THEODORE WACI-4TER Council Membrs THOMAS HEDGES City Administrator August 2, 1991 EUGENE VAN CCkE Lori A. Bartels Air Quality Division Minnesota Pollution Control Agency 520 Lafayette Road North St. Paul, Minnesota 55155 RE: Air Emission Facility Permit No. 879A-91-0T-2 for the Seneca Wastewater Treatment Plant Dear Ms. Bartels: The City of Eagan has reviewed the above referenced permit for the " Seneca Wastewater Treatment Plant, which is located in Eagan, and offers the following comments. These comments focus on the general applicability of the permit and how it pertains to the Development Agreement between the City of Eagan and the Metropolitan Waste Control Commission (MWCC) . The draft permit appears to be in accordance with all applicable Minnesota and federal statutes, federal regulations and Minnesota rules. Additionally, the Special Conditions section of the permit addresses many of the provisions that are already contained in the Development Agreement. However, an area of concern to the City is the construction schedule as contained in section 2.5 of the permit. This section of the permit establishes a construction completion schedule for the various pieces of air pollution control equipment. Completion of the liquid treatment and sludge handling improvements .are scheduled for July 1992 and July 1993, respectively, and are in accordance with the provisions of the Development Agreement. However, completion of incinerator modifications for No. 2 are now scheduled for December 1992, with modifications on No. 1 not being completed until July 1993. The original Development Agreement required that these units be fully operational by October 1991. This target date has been moved back on two occasions by the MWCC because of a revised sludge management plan and subsequent 411 incinerator and sludge handling design modifications. The most recent target completion date of red by the MWCC to the City of THE LONE OAK TREE..THE SYMBOL E AND GROWTH IN OUR COMMUNITY / Equal Opportunity/Affirmative Action Employer • Lori A. Bartels August 2, 1991 Page 2 Eagan was December 1992, although this date has not yet been formally agreed upon. Therefore, it is imperative that a date be established, and agreed upon, for completion of the incinerator improvements and then incorporated into the permit. The completion date of the N-Viro processing facility is another concern. The permit requires that construction be completed by December 1992, but the MWCC's recent proposal to the City had targeted July 1992 for a completion date. The N-Viro facilities completion was to coincide with the completion of the liquid treatment improvements, and it was anticipated that there would be a substantial reduction of odors during the warm weather months of 1992. Again, it is essential that these dates be established, agreed upon, and incorporated into the permit. The permit also contains, in section 2.7, a requirement for the MWCC to develop an odor study plan and by September 1, 1993, through an outside consultant, commence an odor study of the Seneca - Plant. The provisions of the permit odor study are similar to those contained in the Development Agreement with the exception of the odor study date. The Development Agreement states that the study is to be conducted by August 31, 1993, as compared to the permit language which states that the study shall commence by September 1, 1993. Clarification and date confirmation is needed • on this section of the permit. One final comment on the permit is a point of clarification in the Special Conditions, section 2.4.1. The permit references Emission Point Nos. 16, 17 for odor testing. However, we believe this was intended to be Emission Point Nos. 17, 18. In summary, the City believes that the draft permit is a very thorough document that provides specific requirements that the MWCC must meet in order to be in compliance with all applicable Minnesota and federal statutes, federal regulations and Minnesota rules. However, the dates contained in the construction schedule in the permit have yet to be established and agreed upon by the City of Eagan. Insofar as the City does not wish to unduly delay completion of the Seneca Wastewater Treatment Plant upgrade and expansion project, particularly odor control and air emission improvements, and insofar as the MWCC cannot install the proposed air pollution control equipment until the permit is issued, the City suggests that the permit be issued with the understanding and acknowledgment that the City has yet to establish and agree upon dates for completion of incinerator improvements and the N-Viro facilities. Once these dates are established and agreed upon by the City and the MWCC, these dates would then be incorporated into the permit. 411 (-Q.` Lori A. Bartels August 2, 1991 Page 3 Thank you for the opportunity to comment on this permit. If you have any questions regarding these comments, please contact Kristy Marnin, Senior Planner, at 454-8100. = n•-rely, '� Thomas A. Egan Mayor / cc: Gordon Voss, ^CC Administrator Charles Weaver, MWCC Chair Bruce Baumann, MWCC Commissioner Margaret Schreiner, Metropolitan Council Member • Agenda Information Memo V �� �'�" • August 20, 1991 City Council Meeting tZt • SZcs )-1\>'' I I4 IN• ' ' Ike i CPI IA: tI �'� LC%- C. Conditional Use Permit,Tom Thumb Stores,to Allow Outdoor Storage on Lot 1,Block 1, Bicentennial Addition, Located Along the South Side of Yankee Doodle Road in the NE Quarter of Section 16--At its meeting of July 23, 1991, the Advisory Planning Commission considered a conditional use permit from the Tom Thumb Food Markets to permit outdoor storage at their location at 1446 Yankee Doodle Road in the Yankee Square Shopping Center. For additional information with respect to this application, please efer to the Community Development Department staff report which is enclosed on pages (c through 7.2. for your review. Also enclosed on pages '?3 through 7 S is a copy of the APC minutes with respect to this item. The APC is recommending denial of the application. The City Council considered this item at its August 6, 1991 meeting. The item was continued until the August 20 City Council meeting in order for staff to research information regarding the original application and the circumstances which caused the submissiop,kf the application for a conditional use permit. Enclosed on pages ? 4 through 0 is a copy of the City Planner's report regarding these items. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the conditional use • permit application for Tom Thumb Stores to allow outdoor storage on the above referenced property as presented. • • SUBJECT: CONDITIONAL USE PERMIT APPLICANT: TOM THUMB FOOD MARIEI'S INC " LOCATION: 1446 YANKEE DOODLE RD P.I.D. #10-14000-010-01 EXISTING ZONING: PD (PLANNED DEVELOPMENT) DATE OF PUBLIC HEARING: JULY 23, 1991 DATE OF REPORT: JULY 2, 1991 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Conditional Use Permit to allow outside display and storage in front of the Yankee Square Tom Thumb store located at 1446 Yankee Doodle Road along the south side of Yankee Doodle Road, west of Washington Drive. COMMENTS: The site is zoned PD (Planned Development) with NB (Neighborhood Business) uses. The NB district allows "quick-stop food stores" as permitted uses. Tom Thumb moved into its current location in March of 1991 after doing business at the east end di of the mall for the past 15 years. A Conditional Use Permit to allow motor fuel sales was approved on October 2, 1990. The applicant is seeking this Conditional Use Permit to allow the display and storage of salt on the sidewalk directly in front of the store. The applicant is not proposing any screening of the storage and the location will take up sidewalk space in front of the store. Staff has been attempting to eliminate storage/display of goods (windshield washer fluid, soda pop, rock salt, etc.) in front of food and motor fuel stores. Typically, outside storage is required to be fully screened and located away from designated traffic areas. If approved, this Conditional Use Permit shall be subject to: 1. The storage materials shall not be higher, wider, or deeper than 3'. 2. The storage area shall be fully screened. 3. All other applicable City Codes. ck FINANCIAL OBLIGATION - 16-CU-9-6-91 Tom Thumb Food Markets 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 SO 0110 • • 'q^ '' -• CU ' If/ ;iv fir: 0 NIGH SITtiL jr,/ / :0 1 "; 1 i I • I ) 4//6 Si ) I./I' II 111,--,...,.• ...A,... , ,w . D. , -) MI - STREET MAP u. . -18 4.• . .. ■., )....• .,,,. - . t Leecie\ TM • OE Li/ / ::: INw —L- I •- 1 • rI.a tAt.M i k/7 I 4 ... . . - •rliir h ../ 4 vs • - V I 7 - ...' -77314 4:1 •i I : 1 .11 : ZONING MAP rt fir f:jt• . r ,y.dil a• I i I . . et' 1 4111111Z - . -r. • ,.,1 it.11 • t ttirpt ..._ Iv - lir 1 ,ttkow. ri .' I COMP GUIDE PLAN MAP • 4 i R&D v./1 1 rill - :. ' • - ' - t J...".1111111:107r: ......_'_ 41••■•- , I.Z.1 -•• 1 . ... _,, F •,.; • • P ,.., 1 - ; 1 " -- • , Ff• , ,t96, • ..enikES _ • 1 i 'Oitii% )10. ------ , .... --.:.• .---1" t-'4,1,••4 . . C4:'i fOrei ' i •: 1 . I !II -/ II ,:4. l' Xtl. ) .a.•' l'i - • ir.4.- I'It q ', IVAN:I r i D.li - .-,.. . (N 1: • III I ( it sf_si : . 2, li 2 pil �:si '= i = t _ = 1i •jii1l 4111 i Iii� t ! w if 1 !' :cfi.ii•}i _ ,.ilii ::.1_. . 7 1 ' i i• i' I.• •i i II ji' W l : i =i ii l li f ;111:%i. s °. __ Iii_i i ii�.t �;. s : I- 2":i::-Hit ii-• . it I i I ipii zi seli i f S= t 3 :II}iiilMill i i rrF n W an I Ig ; I • o �-_ _ _ ___—__ I i NOlONtHsvm Sat/tall . 104° • ,, 1.' IC . . - • — r • t- f . Ill . 1 • I I L C). t. °. VIIII:111..4191111. . •}*;{:.:.. i ... . • pi, - I I I ,i .Z � -,Ps- �I % •r. _w I sae 11.11 I. ..'Z ... _00 04• r. W I l i--T i IX ' = I .�) i 2 i • t • tart ••r l i! J' �} •I •r• t • _ •r��•: rte_....1 `*.. Z../'• .-J1 El • w ,• � ; i tef• .) • t 13]tlli 1�Y2Ois a i II r _— _._ I . , Page 6/EAGAN ADVISORY PLANNING COMMISSION MINUTES JULY 23, 1991 1) tioned that the owner to the south could erect a pylon si• in the cor er of his property which would be approximately 294 fee from the prop ed sign. This is relatively close to the 300 foot re. irement and he ees no problem with acquiring a variance for this The ap icant was not present. Howard Sta ker, a representative of the property .weer to the south, referenc a letter that the property owner rent to the Commission Member stating his opposition to the • lon sign. Commission Membe Merkley felt that the ap. icant should be there to answer questions bu that he has no probl with this application since the property owne to the south can e -ct a sign on his property in the future. Staeheli moved, Merkley conded, e motion to approve a Conditional Use Permit to all a py •n sign on Lot 3, Robert O'Neill Homestead Addition located at 28 todd Road in the SE 1.4 of Section 2, subject to the following condi •ns: 1. The pylon sign shall , -et all setback requirements. si0 gn The pylon si n sha be internals lighted and have no moving parts. 3. No outside di •lay, or storage, shall'be allowed. ` / \ 4 . All trash ,and recycling receptacles at ttie,site shall be located inside theebuilding, or in a separate enclosure. All favor; = , except Hoeft who opposed. Actin- Chairman Voracek wanted in noted that the appli nt should attend y Advisory Planning Commission and City Council meetings in the .tune. He also requested that the area in general around e lip- icant should be investigated to potentially take action to t e area cleaned up. CONDITIONAL USE PEWIT • TOM THUMB STORES Acting Chairman Voracek opened the next public hearing of the evening regarding a Conditional Use Permit to allow outdoor storage on Lot 1, Block 1, Bicentennial Addition located along the south side of Yankee Doodle Road in the NE 1/4 of Section 16. 0 � 3 ..,_ Page 7/EAGAN ADVISORY PLANNING COMMISSION MINUTES JULY 23, 1991 City Planner Jim Sturm stated that the applicant has recently relocated from the end of the building to the center. The are requesting outdoor storage of rock salt on the sidewalk in front of their business. The intent of outdoor storage is for the primary use of the business, not for marketing purposes. During the recent months the City has been trying to eliminate the sidewalk displays and if allowed would like to see them screened. Tim Monzel, district manager of Tom Thumb, stated that since December, 1975, Tom Thumb has had outdoor displays of items on their sidewalk and they were never screened. Tom Thumb would like to keep - the rock salt outside because it is more convenient to the customer. Chad Sandy, property manager of Federal Land Company, commented that they were in approval with the applicant's request. Commission Member Hoeft felt that the other tenants of the building should have been notified about this request. He also believes that the outside storage would not be aesthetically pleasing and is potentially a hazardous situation for customers. 40 Mr. Monzel stated that the other tenants have never voiced any concerns over the outside storage. Acting Chairman Voracek was concerned that there would be no place for customers to pass on the sidewalk. Developments entering the City now are not allowed outside storage and feels that Tom Thumb should not be any different from other convenience stores. This decision will set a precedent. Commission Member Merkley agreed with Voracek. He believed that outside display was a negative visual appearance for Tom Thumb. He was also concerned with the safety factor. Mr. Monzel stated that if the outdoor display was not aesthetically pleasing or was a hazard for his customers he would not allow the rock salt to be stored outside. Merkley moved, Hoeft seconded, the motion to deny a Conditional Use Permit to allow outdoor storage on Lot 1, Block 1, Bicentennial Addition located along the south side of Yankee Doodle Road in the NE 1/4 of Section 16, for the following reasons: 1. Create a safety problem for customers using the sidewalk. Page 8/EAGAN ADVISORY PLANNING COMMISSION MINUTES 'r JULY 23 , 1991 2. It is non-compatible with the existing Center. 3. It will set a precedent in what other convenience stores will be allowed to do. All voted in favor. CONDITIONAL USE PERMIT . $ORTHCO Acting Chairman Voracek opened the next public hearing of he evening regarding a Conditional Use Permit to allow a day e faci 'ty in a NB (Neighborhood Business) district on Lot/J., Block 1, Blackha Plaza Addition located along the north side Diff ley Road west of 35E in the SE 1.4 of Section 20. City PI er Jim Sturm stated that the only concern with this application is he location of the outdoor playarea. The children have to walk th . gh the service area to get td this area. Also, this playground would 4 \roach into the landscape/buffer. Theresa Riling, a representative of Nor/ stated that the 0 other tenants in the b ' lding are excit ,ng with the idea of a day care. The location of th- play area wad only an initial suggestion. They would place speed burs or yellow stripping in the service area to make it safer for the el'. dren./ Mark Severson, a represent- ire of the Montessori Day-Care Center, mentioned that they cur, ntly have two day-care centers in shopping centers in the metro/ire- He believed there would be adequate safety with speed b mps, e• . if Commission Member Stadheli question- d whether the City could be held liable if a child/yes injured cross - the service area. City Attorney Mike Dougherty replied that -overnment entities are immune from certain/Matters and generally the y of Eagan would not be held liable in this situation. Acting Cha . an Voracek felt that the day care wou be a benefit . for the Centre, but believed that there must be other il rnatives for the ply area. Ms. iley suggested that the play area be attached to the of the bu' ding. Tom Thumb is in this location at the present time, 't possib y will be moving out, and the day care could take over this area. 110 --7 .... MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR FROM: JIM STURM, CITY PLANNER DATE: AUGUST 14, 1991 RE: CONDITIONAL USE PERMIT TOM THUMB STORES Last fall when the Conditional Use Permit to allow motor fuel sales for the Tom Thumb at Yankee Square was approved, there was not a condition regarding outdoor storage. Typically, that condition is added as a reminder to store owners that outdoor storage is not a permitted use in the City. Planning staff has been actively trying to eliminate outdoor sales and displays and many stores have complied by moving items inside the building, including the PDQ store at the Diffley and Pilot Knob intersection, and the Holiday and Phillips 66 stations along Pilot Knob Road. Tom Thumb would have been required to comply with 110 zoning requirements whether they relocated in the center or not. This is the chronology of the events leading up to their application: On May 10, Mike Ridley personally visited the Tom Thumb store and informed the store manager that outdoor storage was not permitted and must be moved indoors. He told him if they had any questions to please contact him; he received no calls. On May 30, he re-inspected the property and found the situation had not changed. He spoke with the store manager and was told that another representative (Bob Guetter) within Tom Thumb told him not to move the items inside. Mike contacted Mr. Guetter and discussed the situation at length with him and advised him to call him if there were any further questions; Mike received no calls. On June 6, Mike again inspected the property and found the situation unchanged. He spoke to the store manager over the phone and stated he would not issue a summons if the outdoor storage was removed. This was not done and Mike issued a summons for the misdemeanor offense. A court date was scheduled for June 20. (0 • On June 18, the City agreed to dismiss the summons as all items had been moved inside. A Conditional Use Permit application was submitted on June 28. Since that time, Holiday Stationstores has submitted a Conditional Use Permit application that has been scheduled for the August 27 APC meeting. The Planning Commission denied the Tom Thumb request based on Conditional Use Permit Standards Cl, C3, and that approving the application would be setting a precedent for other facilities within the City. Attached is a copy of the Code that pertains to Conditional Use Permits. I hope this information provides the background you need. If further information is required, please contact me. City Planner JS/js 1D -7 -A . AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA AMENDING EAGAN CITY CODE CHAPTER 11 ENTITLED "LAND USE REGULATIONS (ZONING) " BY AMENDING SECTION 11.40 SUBDIVISION 4 REGARDING CONDITIONAL USE PERMITS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 11 is hereby amended by changing 11.40, Subd. 4, to read as follows: Subd. 4 . CONDITIONAL USE PERMITS (A) Purpose: Conditional uses include those uses which are not generally suitable within the zoning district, but which may under some circumstances be suitable. The applicant shall have the burden of proof that the use is suitable and that the standards set forth in this Subdivision 4 have been met. (B) Application, Public Hearing, Notice and Procedure: The application, public hearing, public notice and procedure requirements for conditional use permits shall be the same as those for amendments as provided in Section 11.40 subd.5, except that the permit shall be issued on the affirmative vote of a majority of the entire Council. Although specific submissions required to complete an application for a conditional use permit may vary with the specific use and the district in which it is located, all applications for such permits be filed with the Director of Community Development on a form prescribed by the Director of Community Development. (C) Standards: The Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of .the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the City's Comprehensive Plan and Ordinances 3. Will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. ti? 4. Will be served adequately by essential public facilities e1' services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress oerthe propertyfiwhich ch does not create traffic congestion or i et surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. (D) Conditions: In reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the City Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being to will be complied with. (E) Denial for Noncompliance: If the Planning Commission recommends denial of a conditional use permit or the Council orders such denial, it shall include in its recommendation or determination findings as to the manner in whithpopsed use does not comply with the standards required by this Section. (F) Permittee: A conditional use permit shall be issued for a particular use and not for a particular person. (G) Periodic Review, Term of Permit: A periodic review of the use may be attached nlesss condition of shallbe conditional se thelife permit.. Unless the use. (H) Revocation: Failure to comply with any condition set forth in a conditional use permit, or any other violation of City terminat , o ha the constitute the City for the CityCouncil terminatioion f following a public hearing. sC �r • (I) Expiration: In any case where a conditional use has not been established within one year of the date on which the conditional use permit was granted, the permit shall be null and void. If the conditional use is discontinued for six (6) months, the conditional use permit shall be null and void. This provision shall apply to the conditional use permits issued prior to the effective date of this Section 11.40 subd. 4, but the six (6) month period shall not be deemed to commence until the effective date of this Section 11.40 subd 4. Section 2 . Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation' " and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3 . Effective Date. This ordinance shall take effect upon its adoption and publication according to law. Dated: February 6, 1990 CITY OF •GAN °°°11 APPAr44.11,LIG2 . - : homas A. gan • Its: Mayor ATTEST: By: . J. VanOverbeke It . City Clerk Date Ordinance Adopted: February 6, 1990 Date Ordinance Published in the Legal Newspaper: February 15, 1990 • Agenda Information Memo • August 20, 1991 City Council Meeting INEW.............................. .......... ORDINANCE AMENDMENT/EVEN YEAR ELECTIONS A. Amendment to Ordinance for Even Year Elections,City Code Chapter 2, Section 2.15-- The City Council is considering changing City office elections to even years in order to coincide with state and national elections. Such a move would save the City funds which are expended to put on separate elections for City offices currently. Attached on pages 9..through gi for the Council's information is a memo from Administrative Assistant Witt regarding the proposed ordinance amendment. Attached to Witt's memo is a copy of the proposed ordinance amendment, as well as voter turnout information for the last three Eagan elections and also voter turnout information for the City's of Burnsville, Inver Grove Heights, Mendota Heights and Brooklyn Park. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an amendment to City Code Chapter 2, Section 2.15, authorizing even year elections for City offices. • aw- 15oc)D Lo. cos'ts • w■w s- -4 5 0 7° c 5 • • . August 13, 1991 TO: CITY ADMINISTRATOR HEDGES FROM: ADMINISTRATIVE ASSISTANT WITT RE: ORDINANCE AMENDMENT FOR EVEN YEAR ELECTIONS Attached is an ordinance amendment which sets the process in motion for even year elections. Sharon Hills of Severson, Wilcox and Sheldon, noted the language is similar to Edina's when they dealt with the same issue. What the ordinance says is that the City will changeover to even year elections in 1992 with the following conditions: Existing terms of councilmembers which are due to expire December 31, 1993, will be shortened by one year. These offices will be filled at the general election, November, 1992. The terms of mayor and two councilmembers which will expire December 31, 1995, will be shortened one year. These offices will be filled at the general election, 111 November, 1994 . Some FYI data is also attached regarding voter turnout in the last three Eagan elections. Councilmember Pawlenty had asked for support data regarding drop in total votes for local of- fices compared with state and federal offices in even year elections. That information is provided for Burnsville, Inver Grove Heights, Mendota Heights, and Brooklyn Park. i ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TWO ENTITLED "ADMINISTRATION AND GENERAL GOVERNMENT" BY AMENDING SECTION 2 . 15 REGARDING EVEN-YEAR ELECTIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 2.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Two is hereby amended by adding, section 2. 15, to read as follows: Sec. 2 . 15. Even-Year Election Subdivision 1. Election Year. The municipal general election in the City of Eagan shall be held on the first Tuesday after the first Monday in November of every even numbered year, commencing with the even year elections immediately after the effective date of the ordinance. Subdivision 2 . Terms of Office. To provide an orderly transition to the even year election plan, the four-year term of office of the mayor and city councilmembers are hereby amended as follows: The terms of the two council members whose current terms are scheduled to expire on the day before the first city council meeting in January 1994, is hereby shortened whereby the terms shall expire on the day before the first city council meeting in January 1993 and those offices shall be filled at the election to be held in 1992. The terms of the mayor and the two councilmembers whose terms will commence on January 2, 1992 and are scheduled to expire on the day before the first city council meeting in January 1996 are hereby shortened whereby the terms shall expire on the day before the first city council meeting in January 1995 and those offices shall be filled at the election to be held in 1994 . 410 Section 2 . Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation' " and. Section 2.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3 . Effective Date. This ordinance shall take effect 240 days after its adoption and publication according to law. 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: ,i ri 0 4) LO ri ri N i0 eh O m 'C' CO N do .w Qt o Qt er w - N 0 N el 0 co 10 N M ■i C) 01 N fl CO O O er to N O N Q\ do 14 .-i to 1-4 t0 Qt N O in Cie '-i .-I - •-+ k • C) N o w:. 0 we to O eh O rl o rl o rl er W •i %O to N N ■i rn 10 a er to eh m . 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N .i.i > 14 a w14 ° ° a H E " >> H > > gs,49. (0 d • vo f0 .1 C • o • N c r, in t^.1 • ✓ ON CT • O Q CO 0 Cr, .-I ry jy Idd.i s r+ ON N . 4,L.) .... 1d H CT N un .-I r+ G Cr, e'1 •O O d t•1 d N CT eh .q • n .O V1 T V QJ •••1 • N CT if`. .-� N t1' .D an i N N N • hi 0•1 .0 .o .. en d p., N ii CT C) CI �? •C CO .p N •••1 CO -.T N h. d' N •■ (� ad. h -7 Z C.) CC, co n 2 er1�Q Z lo n u Lt-,-� CO C., 0 0. V V 0, cis so .. r b. .: L col O t0 u, CO O en cv Em. 4 0; 4:' 0 u". .- .- ...1 CV c,, IP •r = 1r e1 rn N C.) 4: b ^ Z (s: • (: a 1� ° r� n N or �? br- N N .-■ (, CT N e N O O O NI 1.4 N fn en N a ... • co n an Irt dN Cs is O 'an ain .o 61 an .o - N - N ... • .n o• an O .o V O •,1 en O W � n en .. G• • VI • A0 1D C CO h r 0 w C •«C•1 d > 1a y .4.) in ...1 4.4 to C 4.4 4) z 10 ..1 0 t) ••, 10 C► ID 7 CJ aJ 1C O C d IT y 11 y 0 .a.+ > 14 PIP .o . ft7 en 0 ..-a0 N O N • • Q • O N • • U Cy In in co u 1 a0 0 N ne C."1 t1 • . U rn 6,2-N CO CV ID e4 G• ^I O^+ ^ • of ^ C . • U N Cr. _N P'1 N Lr ••• N N v1 an N C'IIIIII Coo CV • ift 4:, r., ..,,N 0 ... a .O 'C t', N I U Mb e Li N C) N .-r o' • e • .7 U co I c 2 .r C1 10 .0 cc —. N L, N G N N s ^ IC U (N n co Lr, P qtr Z Lr CC n O' O ^ N C", 0 x C. ^I ^ Li en 0 P.0 ta.: EN w vo ' N N Z Sr a MI ..., . O CO 0• in or, N. N .r N *7 Id in N N .. • U n N C' U Q N C Ill I, O Li .- N N P 1 — ,� ^ N • U I- .ter ...,. CO en e.4 SO ad ■ ■ .■ ti • • I,. • 0)• N .p. .7 -en 14.jti 4O.r *D .�.w.4 � .. ^ d0 CO .ter N N N Ai . • 1 A 0 If Q+ 10 4 .0 .n1 .••4 l O y t7+ y 0 I •0 � C � � C > Wy • m w .N N 4.I V '0 0 'C C •-1 i i 0 •1•1 C) v •04 �0 07 d 1A d C IT y d IT y ii y La .1p) to . y >CL > F > > IC F f w C• > wg lid S7 % DECLINE IN LOCAL OFFICE VOTES FROM it TOTAL VOTE IN EVEN YEAR ELECTIONS. City Office Year % Decline from total Burnsville Mayor (unopposed) ' 88 28% ,c1■4--'2'41 Council ' 88 33% v-el �$ Mayor (unopposed) ' 90 23% Council ' 90 21% Mendota Heights Mayor (unopposed) ' 88 23% Council ' 88 19% Mayor (unopposed) ' 90 24% Council ' 90 18.3% Inver Grove Heights Mayor (controversia188 10. 5% Council ' 88 20% Mayor (controversial ' 90 6% Council ' 90 16% 10 Brooklyn Park City Council * ' 88 15.6% City Council ' 90 5.7% v AN- * Mayor 's office was not differentiated from total vote for local offices.The ' 90 mayor's race was hotly contested. Agenda Information Memo August 20, 1991 City Council Meeting • ORDINANCE AMENDMENT/ANIMAL BITES B. Amendment to Ordinance for Animal Bites, City Code Chapter 10, Section 10.11—Chief of Police Geagan is requesting that an ordinance amendment be approved in order to ensure rabies control compliance. The amendment has been reviewed by the City Attorney's office. The amendment provides for owners of dogs or cats who have bitten people to provide ce ' mates of cure t rabies inoculations and to quarantine such animals. Enclosed on pages U through ,3 for the Council's information are a copy of a memo from Chief of olice Geagan egarding this ordinance amendment and a copy of the proposed ordinance amendment. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an ordinance amendment to City Code Chapter 10, Section 10.11, Subdivision 14 (B) regarding animal bites as cited above. S II s7 0.n, police department L1 { !-1 PATRICK J.GEAGAN \ �.� Cntel o,Police I { ■ c itp of cci gci n KENNETH D.Aptain e 1\�,` Operations Captain 3830 Not Knob Road THOMAS EGAN Eagan,Minnesota 55122 Mayor Phone:(612)454-3900 D FAX: (612)454-0718 PAMELA MS ON CREA TIM PAWLENTY THEODORE WACHTER July 29, 19 9.1 Council Members THOMAS HEDGES City Administrator EUGENE VAN OVERBEKE TO: TOM HEDGES, CITY ADMINISTRATOR CityC1erk FROM: PAT GEAGAN, CHIEF OF POLICE SUBJECT: AMENDMENT TO CITY CODE CHAPTER 10, SECTION 10.11 ANIMAL BITES, SUBD. 14 (B) The following proposed amendment is necessary to ensure rabies control compliance. This amendment has gone through the review process and is on the August 20th City Council Agenda. I recommend the amendment, as proposed by the City Attorney's Office. The owner of any dog or cat which has bitten a person, having been so notified, either orally or in writing, must: (1) Provide a certificate of current rabies inoculation; ' and (2) Immediately quarantine said dog or cat at the owner's home or other suitable place of confinement, as directed by the responsible officer of the City for a period of 10 days after the occurrence. During the quarantine period, the animal shall be securely confined in a building or in a yard enclosed by a fence so constructed that the animal cannot escape or otherwise leave said enclosure, and which will not permit other animals or persons to enter, for the purpose of preventing the animal from biting or otherwise coming in contact with persons or other animals. If the said dog or cat shows signs of illness or if the said animal escapes, the Animal Control Officer or Police Department must be notified immediately. The confinement, testing and treatment costs, in addition to all other expenses incurred, as the result of a dog or cat biting a person, shall be at the expense of the owner of said animal. In the event that a certificate of current rabies inoculation is not provided or upon a reasonable suspicion that the dog or cat may be rabid, the dog or cat shall be immediately seized and subjected to the necessary tests by a doctor of veterinary medicine for the „ purpose of determining if it s • ted with rabies. 4. C THE LONE OAK TREE...THE SYM;• LTREN AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer Page 2 Any animals other than a dog or cat, which has bitten a person may be destroyed and taken to the University Diagnostic Lab to be determined if the said animal has been infected with rabies. Patrick J. Geag n Chief of Police PJG: lb • ____7 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TEN ENTITLED "PUBLIC PROTECTION, CRIMES & OFFENSES" BY AMENDING SECTION 10. 11, SUBDIVISION 14 REGARDING RABIES CONTROL; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 2 .99 . The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Ten is hereby amended by changing Section 10. 11, subd. 14 , to read as follows: Subd. 14 . Rabies Control. A. Inoculation. Every owner of a dog or cat over six months of age must have a certificate of a veterinarian duly d licensed to practice veterinary medicine within the State of Minnesota which certificate shall state that the dog or cat has a current innoculation against rabies B. Animal Bites. Whenever any dog or cat has bitten a person, the owner, having been so notified, either orally or in writing, must: (1) Provide a certificate of current rabies inoculation; and (2) Immediately quarantine the dog or cat at the owners home or other suitable place of confinement as directed by the responsible officer of the City for a period of ten (10) days after the occurrence. During the quarantine, the dog or cat shall be securely confined in a building or a yard enclosed by a fence so constructed that the animal cannot escape or otherwise leave the enclosure, and which will not permit other animals or persons to enter, for the purpose of preventing the animal from biting or otherwise coming in contact with persons or other animals. If the dog or cat shows signs of illness or if it escapes, the Animal Control Officer or Police Department must be notified immediately. The confinement, testing and treatment costs, in addition to all other expenses incurred, as the result of a dog or cat biting a person, shall be at the expense of the owner of said animal. . °TO-- • In the event that a certificate of current rabies inoculation is not provided or upon a reasonable suspicion that the dog or cat may be rabid, the dog or cat shall be immediately seized and subjected to the necessary tests by a doctor of veterinary medicine for the purpose of determining if it is infected with rabies. Any animal, other than a dog or cat, which has bitten a person may be destroyed and taken to the University Diagnostic Lab to be determined if the said animal has been infected with rabies. Section 2 . Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation' " and Section 2 .99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3 . Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council • By: E. J. VanOverbeke By: Thomas A. Egan Its: Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: • U ') Agenda Information Memo August 20, 1991 City Council Meeting CONSIDER PETITION REQUEST/STOP SIGN TURQUOISE TRL./E. BERYL RD. & SERPENTINE DR. C. Consider Petition Request for Stop Signs on Turquoise Trail at East Beryl Road and Serpentine Drive--On April 22nd, the City received a Petition from several property owners along Turquoise Trail between Rahn Road and Blackhawk Road requesting the installation of stop signs at the intersectio s of East Be 1 Road and Serpentine Drive with Turquoise Trail. Enclosed on pages Q'% through is a copy of the Petition and a location map referencing the property owners who signed t e Petition as well as the number and location of daycare providers. Enclosed on pages lo()through 101 is a copy of the staffs report summarizing the results of the evaluation and response to this request. The lead petitioner has been informed that this item will be considered by the City Council on August 20th. It would be appropriate for the Council to review this information and provide appropriate direction to staff. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the Petition requesting installation of stop signs on Turquoise Trail at the intersection of East Beryl Road and Serpentine Drive and approve/deny their installation. 'i °I' (4 1 .•• .77:\.., FOR CITY USE ONLY r _\ RECEIVED APR 22 pc __� - _ , Date Received �- J To Council Q,- ZU-q/ 1E _ =-"'l Approved /Of , (' PETITION STOP SIGN I/We, the undersigned hereby petition the City Council of the City of Eagan to install stop signs on _,4 , � JwL r t c c.L .J4a_.e at the intersection withE d ' l g 0.e4 4,4e ui riau wtrcrn e4i Ses^p 7` . witk parks) I/We, request this installation for the following reasons: 1. f,l a 4e %6 a 114 4- 17^c20k, itAnzet, 2. ./dam Ckl-eifip'J4 tie- y,lti+' tia-k'L" ,ti. Ge.i.Iger:/ .•3. qG n Pea/140(44_ -14e, rrJ � &14 -19.0(4.4k 11` ac d 4. Abit alit; 46 side Ki tZ4. t Ae r-U ee,,4 W K a" Si/!e? J '- I/We request that the City Council take this petition request under consideration at its earliest opportunity and that we be informed as to when it is scheduled so that we may appear in person if we so choose. 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Z ..4/ii T ci1 0 rt :Kai, i 1Cr' t ..� • f.• k ■ -..VIII" ill.Si i(,. . ,. it 2 ,A,,,-. --� ki;;; _ _ " 4 t, W Q 4. fr .___...a. . $..:17744:4..\-1W-- .., itat:1 _.:i: • -1- 1,..f 1 I r. ` Z ui a i .ii..:... .:::„.. 4.,:, •INN Or X .z.. \": ir 1 13111 ci 0 , .:z . .i .„::: .1. 40-„ 1.o t la a ; 4liit CC 0 �r•l'.i : I•. y ISIS • ...Limo si 71:Aivil 1 bri sal -....ss eel' ,ai kntriima. ::::::::::: 0 > , ' . • MEMO TO: MAYOR AND CITY COUNCIL C/O THOMAS L. HEDGES, CITY ADMINISTRATOR FROM: THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS 41111 DATE: AUGUST 16, 1991 SUBJECT: STOP SIGN REQUEST ON TURQUOISE TRAIL AT EAST BERYL ROAD AND SERPENTINE DRIVE City staff has received a Petition from 65 people representing 54 properties requesting the installation of stop signs on Turquoise Trail at its intersection with the east leg of Beryl Road and also Serpentine Drive. In response to this Petition, the Engineering Division provided the following standard studies associated with stop sign requests: 1. Accident Analysis 2. Speed Study 3. Traffic Counts 4. Sight Clearance Survey/Evaluation The following is a summary of these findings and staff's recommendations regarding this request. EXISTING CONDITIONS: 4' Speed Limit The current posted speed limit is 30 MPH. Functional Classification This street is classified as a Neighborhood Collector. This classification should have a speed limit of 30-35 MPH. Rahn Road and Blackhawk Road at either end of this segment are classified as Community Collector roadways with a recommended speed limit of 35-45 MPH. Existing Traffic Control Currently, there are no stop signs on Turquoise Trail from Rahn Road to Blackhawk Road. Also, there are no traffic control (stop, yield, etc. ) signs for any of the minor intersecting streets entering Turquoise Trail. Pedestrian Accommodations There are no sidewalks or trailways that currently exist or are proposed along Turquoise Trail. I, T,2)112) Adjacent Land Uses • Peridot Path has approximately 210 feet of frontage on the south side just west of the Serpentine Drive intersection. The remainder of the frontage of Turquoise Trail is single family residential property with direct driveway access onto Turquoise Trail. ACCIDENT HISTORY: An analysis by the Police Department of their records for 1990 and 1991 indicate that there have been no accidents at the intersection of the east leg of Beryl Road with Turquoise Trail and one accident at the intersection of Serpentine Drive. SPEED STUDY: A speed study was conducted on May 7th for two hours in the morning (6:15 a.m. - 8:15 a.m. ) and afternoon (3:55 p.m. - 5:55 p.m.) . Of the 317 vehicles observed, approximately 33% (107) exceeded the 30 MPH speed limit with the highest speed recorded at 43 MPH. The "average" speed was calculated at 29.5 MP,H. According to Minnesota Department of Transportation Standards, speed limits are usually established by the 85 percentile. This is the speed at which 85% of the public is traveling at. Analyzing the speeds on May 7th, the 85th percentile is 33 MPH. Although this is within the range for the functional classification of a Neighborhood Collector street, it is definitely in excess of the posted speed limit of 30 MPH. According to MnDOT Standards, this could justify increasing the speed limit to 35 MPH. TRAFFIC COUNTS: 48 hour traffic counts were taken from May 1st to May 3rd at the intersection of Serpentine Drive and on May 6th to May 8th at the intersection of East Beryl Road. Attached are the results of those traffic counts which shows that the majority of the traffic is on Turquoise Drive as expected. However, the intersection of Serpentine Drive does have a significant amount of traffic (approximately 50%) entering into Turquoise Trail. SIGHT CLEARANCE SURVEY/EVALUATION: A visual inspection of the above-referenced intersections determined that there are no obstructions which would limit the sight distance at the intersection of Serpentine Drive. While there is a large evergreen tree in the northeast corner of the intersection of East Beryl Road and Turquoise Drive, it does not significantly impact safety sight distance at this intersection. WARRANTS/CRITERIA: The Minnesota Manual on Uniform Traffic Control Devices (MMUTCD) which was adopted by the City of Eagan in evaluating requests for stop signs identifies various criteria and warrants that are necessary for a stop sign to be justified. A stop sign may be warranted at an intersection where one or more of the following conditions exist: • k:C2) ( 1. A :Lower classified street intersects with a higher classified street. „ 2. Intersections where a combination of high speed, restricted sight distance and serious accident records indicate a need for control by a stop sign. 3. Four way stops should ordinarily be used only where the volume of traffic on intersecting streets is approximately equal. 4. Five or more reported accidents within a twelve month period. SUMMARY: After evaluating the information and characteristics associated with this request, it does not appear that any of the warrants are met justifying the installation of stop signs as requested. However, special consideration could be given to the proximity of Peridot Path to the intersection of Serpentine Drive which is the most heavily traveled intersection of the two. Due to the volume of traffic traveling through this intersection combined with the propensity of pedestrians accessing Peridot Path at this location, the installation of a stop sign could provide an additional safety factor. However, any installation of regulatory traffic control devices should be authorized by specific Council action due to the fact that they do not specifically meet the warrants as identified in the MMUTCD. Please let me know if any further study or evaluation would be necessary to �' address this issue. Respectfully submitted, 146/72.7,c45L-6 / // omas A. Colbert Attachments TAC/j f 1, • as City of E Gan / ' s ii,160.13 o / Is • it e -4:: .._ ` It ao , _.01-1`;tv ( %r.-r; A rs. -.. 0.3 „,,,, .•,...Ls 4...1 libj ; as JR - .. ' 7r14V '6 .burr + �6 . 1 'Ce e a • • it 44, "s' s t t 1 O• • is. A'va s o It A •• - t •"end `�. • u / •, ■'�" ,cte, tit. q 2 . • �-�_�.•,.. _,".c..... �e 7 •� VI • N , •• N•• s t "SM.° i•t. • ,cJ . • 4j 1: / ': MICA ).,;11 is 1 •I4 e. 7,1\ r • IC •� 5 ty� 'o 'r is 1I it a' 11 t. • I . • _ • ° 1 +y w fb • 0•-' 140_0 1110 Se Is M A= 48 HR. COUNT (2,056 CARS) B = 48 HR. COUNT (2,791 CARS) C= 48 HR. COUNT (237 CARS) N . . - ill ALL COUNTS TAKEN BOTH DIRECTIONS (5/6/91 - 5/8/91) \,D-3 —- M • - NO is _. -no •u• • • •/ a M a t t e s 11. I •• • •t r ¢. . •6 6 1• �' lig • / ��� - Vas 1 i %. . — rjafe lecyve- 4. 4 -64.oure. I „II _sr _r_aaa_ _ !toe--. • / 6. i `� H •• n p • - I •. 4 N + If 11 1-�!� _ • 4�� _ 4 it. Si tri �i�1JJ • 91 4 NJ Writ. 414 ' i ' If 1 r• -• IS • • 1j . - la 11 le is•••r,r i _ or„ye • •e •It . �-pJ i • e L , n !• •• At • LAU l• i ° D COURT - ill - - _ _ ' - I. - ` . and. . .4. i • r At • ,a.,•:. .•,8., j• -I. i 14 ill •• , S. • OS I • 1 •/ ♦ r `� l• ..- All- - .'" . 0 j 6' \. Ai itm • .� •i T 1 -.' S , . tit VOYC 4.4°. . 4 4 . . -I " . S a 7 1/7•• , WO . 'le 14%,. .. • 00 • r .6 b 11) •It_ ' • •,. • tg% 4 • k \ 6 /.. jak -Ccb. fit ., of,' IS al 1 .V g 4. 'viri 1? . • �• • # J jvi w7uM1 l t;• • r K sae ' 4. ii Perb°`�-rvk �+• • ., 3l ter..• °*..Se A= 48 HR. COUNT (3,577 CARS) . B= 48 HR. COUNT (1,678 CARS) C= 48 HR. COUNT (3,851 CARS) ALL COUNTS TAKEN BOTH DIRECTIONS (5/1/91 - 5/3/91) • ‘0+ - - M Cr) N rn N t- r M N trl N Pe• N CO N N IN N • \\--". - - 't.' - 141 4) 4) (ri 1:6 qq- a� ci3 N - a4 m N N P e b N 1 �1 ,N N . N N N N in M y. _ _ _ 1-- dJ h -4 M N ' 1 Os N N M F) t'i In N IN N �N c 7 � t�1 �"� M t1/4N1 Kl � Q _ W e !r r . • 7(1 Q N N 'tn t 14) r IN t% N (NI MINI N • . A - .... . J o 0 n M N N N M N cr- �l N N N N N N Al <Y1. iv tv _ N .. N N - - M N N N M rj M N Q 8 •� N N N �1 I _ g. _ . CO 00 . 0 0 . a A.ca (Ni N N nl M N fl N rn et) m N N N N J N Vir 0 W • r g h r v1 `11 _ = n r O a O . _ lag f7. r • — ' • rl 0.- a N *- --- W ■9 V► • sF" 0 % .. - 3 • 0 r — 'r 2 _ N N N - N Q r 1 I h k0 l4) • Z 0 ti�• � o- C.*`• dJ — M 0 h c- M 4) cr 4- M J ,c1_ c L._ N N N m F th ff) N N M Y) — N M N M N N`L • i Qr .. ..t1- - . ,. "4-.. . '4'. _ Nr. Ns;_ Nt- : "I- _ if h r 1 4y� ' � r ‘n M h cA N C O �- ^ N N o'J ell__ n� N N N N N N N nl M N N N PI N N N & N K1 * h _ N S P 61 °• N N N Ni N N N N N N "J Cri n • t o h h V1 t1 0 ; o h V H � N N K1 M N`1 N M N t•-ii IN N N N 'N N m J !� FS 4 0 , t` L DO p " _ tJ ON N, V) • 1 -0 IP r - r ' - a S Ile t OP43 # ''.Z -isi .! 4 , 14), # f1.1) Z . ' ' t % ril t 1 .t tn Z "+- M '" n N M In N WI t`l cal o �... m N m in N N m • (•) 0 0 , , P:- O ,, s- : Ny N - N : N M rn ,n r e.- �, ; til N NI N t co N N N Fs 2 • P � ?j . f■ n n . n t+t ; ' , 2. M N A N N ^ r\ r n r` N N` I L) H .� .. • ` tt1 IA Qs M 0 #'" tg 3 g N N Milly% tc\ .0 4 Agenda Information Memo August 20, 1991 City Council Meeting • TEMPORARY SIGN REQUEST/MAURER CONSTRUCTION D. Temporary Sign Request/Maurer Construction—The Community Development Department was contacted by Terry Maurer of George Maurer Construction indicating that he was constructing a Parade Home in a subdivision off Elrene Road. Elrene Road will be under construction this fall and in order to get people in and out of this subdivision, he is requesting that signs be placed in the quadrants of Wescott and Elrene Roads and Yankee Doodle and Elrene Roads. Because of the construction along Elrene Road, they feel additional signage is needed to direct people in and out of the subdivision. Mr. Maurer is in the process of submitting a letter of request for the signage which would be temporary during the construction of Elrene Road. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a temporary sign request as requested by Maurer Construction. -Are) g40„.9__ S 1 1, cZ Cam / L.4 Agenda Information Memo August 20, 1991 City Council Meeting VARIANCE/JOE MILLER CONSTRUCTION E. Variance,Joseph M.Miller Construction,of 10' to the Required 30'Front Yard Setback Located on Lots 4, 5, and 6, Block 4, Sunrise Hills Addition-An application has been received from Joe Miller Construction for a variance of 10' feet from the required 30' front yard setback for three lots located in the Sunrise Hills Addition. The purpose of the variance is to accommodate a steep slope and pond in the rear portion of the lots. For additional information with respect to this application, please refer to the Comm 'ty Development Department staff report which is enclosed on pages /('through /(for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny variances of 10' to the required 30' front yard setback for Lots 4, 5, and 6, Block 4, Sunrise Hills Addition as presented. S SUBJECT: VARIANCE APPLICANT: JOSEPH M MILLER CONST CO - LOCATION: LOTS 4, 5, & 6, BLOCK 4 SUNRISE HILLS ADDITION 4i EXISTING ZONING: R-1 (SINGLE FAMILY) • DATE OF PUBLIC HEARING: AUGUST 6, 1991 DATE OF REPORT: JULY 31, 1991 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted by Joe Miller Construction Company requesting a 10' front yard set back Variance to the required 30' front yard set back. COMMENTS: The purpose of this Variance is to allow homes to be constructed 20'from the front property line as there is a steep slope and pond in the rear portions of these lots . which takes up approximately two-thirds of the lots, not leaving a large enough buildable area with the 30' setback. All three lots back up to this pond; however only Lot 4, Block 4 has a proposed building plan. If approved, this Variance shall be subject to all applicable Code requirements. 0 nitta rwtr CEMR '' STREET ••��• CARRIAGE I ! . 7''a7RMn,o ►a3I•7 Yj-14- b.uE <'•° COURSE HILLS iQ s MI -yk' < OW I ;u7Ew li- r'.`t II ;,- ' COURSE _ >ry �.^' t P '�I►� z�. r 1k mss: � ,�_ �^' ii -:iP fL S - ��' ,, p.44_c, -.!,_ . „, .- A 1 j _ ,,, 1.�- ., _t' ..:::::t.c, \z!,1 1 at ,;'1'1J�� OO -' :. _- -� ''c_ _ ,�;r,,, fir„ �u ` �7,m SCOTT p1i r q ...1_,..,„ -ay,: .16 urt�e � .._ s , Street Map Zoning Map III r.•.• 414.• 1 9 BIRCH _• «pc., + . • •1•ttt i , —'---- — t. —� 1 Jam,: _._ I �� '' __ • . SUNCREST 1 I 177 ■ t 1 I • •wo•7�i• •• a n. 11 , • • 1...710. Is • I. 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A ++�; ?ii it 0 ° _ ;4 ; �� •;_� °ie pe '° 4 0 o i s.° • a . € ii M M C M • •0 0 °e M e 2BA V• �! • fi 0 l ' ) 3 • 0 0 - IT). !00.011*V w 7) J r 41.1 . 1 IMMO ti T0, �•y,i�yyf� 0 •• •if , t w r •. 1 of • t_-1 ^ w N IT/ f,• ,a,. is_ c eM L� \ / ii- •�t /° , 7%?.•C / :� / o o - , IN / rte m 0 411‹ _ / I / . C .1 • i;s. po • 4-:: .„5 d s°.'. :' °� t�S BOA rte: :R. 3S 4` 5 r. 3 ` - e B. C- g► 1 • •• 3 0 00 O • =D :°a a - . •° • S • = + e e. itttLi • O w w O • 0 /4 Agenda Information Memo August 20, 1991 City Council Meeting WAIVER OF PLAT/BARBARA SHIELDS F. Waiver of Plat, Barbara Shields, and Lot Width Variance to Allow a Tax Parcel Separation on Lot 2 and 3, Block 1,Tara Court Located Along the South Side of Lone Oak Road East of Pilot Knob Road in the NW 1/4 of Section 10—At its July 23, 1991 regular meeting, the Advisory Planning Commission considered applications for a waiver of plat and a lot width variance to allow a tax parcel separation in the Tara Court Addition along the south side of Lone Oak Road. For additional information with respect t these applications, please refer to the memo from City Planner Sturm enclosed on page �[ (p, a copy of the Community Development Department staff report which is enclosed on pages 117 through �—\. for your review and a copy of the APC minutes regarding this item enclosed on pages 12 through 23. The APC is recommending approval of the waiver of plat application. Technically, if the waiver of plat application is approved, separate action on the variance for the lot width is not necessary. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a waiver of plat application for Barbara Shields for Lots 2 and 3, Block 1, Tara Court Addition. • 0 • MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR DALE C. RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR FROM: JIM STURM, CITY PLANNER DATE: JULY 25, 1991 RE: WAIVER OF PLAT BARBARA SHIELDS At the July 23 Advisory Planning Commission meeting, the Waiver of Plat and lot width Variance to allow a tax parcel separation in the Tara Court addition along the south side of Lone Oak Road was approved unanimously by the Commission. There was very little discussion and there were only a couple of questions for the applicant. One condition was added requiring that a portion of Lot 3 being attached with Lot 2 shall have the same tax identification number. By approving the Waiver of Plat, separate action on the Variance for the lot width was not 0 necessary; however the legal notice was done to clearly show what action took place. If you would like additional information, please advise. City Planner JS/js • l � `P SUBJECT: WAIVER OF PLAT/VARIANCE APPLICANT: BARBARA SHIELDS LOCATION: LOTS 2 & 3, BLOCK 1, TARA COURT EXISTING ZONING: R-1 (SINGLE FAMILY) DATE OF PUBLIC HEARING: JULY 23, 1991 DATE OF REPORT: JULY 18, 1991 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Waiver of Plat in order to separate an approximate 35' wide part of Lot 3 with Lot 2 located along the south side of Lone Oak Road, east of Pilot Knob Road. There will not be any development as a result of this process. Currently, a shared driveway serves both lots and the subject area is maintained by the owner of Lot 2. If the Waiver is approved, all of the lawn area east of the driveway will be tied to Lot 2. The entire 4.2 acre subdivision was platted into three lots in 1981. At that time, a concept plan was prepared to show how the area could develop to a higher degree by extending a cul-de-sac to the south from Lone Oak Road. The homes on Lots 1, 2, and 3 were built in 1962, 1960, and 1981 respectively. The 60' wide lot width was provided for this reason. Code also requires a 50' minimum lot width and a Variance to that R-1 requirement will be necessary if this Waiver of Plat is approved. This Waiver of Plat will effectively eliminate future subdivision of the three lots. z i FINANCIAL OBLIGATION - 10-W-5-7-91 Lot 2, Block 1,Tara Court Based upon the study of the financial obligations collected in the past and the uses proposed 4 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 SO • • I If approved, this Waiver of Plat shall be subject to: 1. a Variance to allow the lot width of 25' for Lot 3. 2. no other access points on to Lone Oak Road. 3. a recording of the Waiver of Plat within 60 days of Council action, with verification to the City. 4. a required 30' drainage and utility easement for the existing sanitary sewer. Said easement has a bearing of South 68 degrees 43 minutes 39 seconds West. S 1\ I\ • Lone Oak Road , 0 —7.r.v.—Trn—, 4,4-7— -----• .S.A.047--ir. - isr- i I 111 • �., 111 ... . . ' a •.r■■r A. i A t 6.f "/ • I, -, .jC' • • • t.1: A .. s . 1,.1 t I id? w I 0 IFI.! S a:8 li (IMO?a �' C Its 1 t "' o „4 r i• ®® • • I ii (ft. is A f C 4 . [: N wane / • • etb < • ,, N1/4 ‘‘C i. 0 1 I .;. \ ., IS (1476 4, I, "42 i 1:-. . \ ~ 1 �\ ,\ : e 2 is f \••...... — I V-\ii i • I T � • f !106.0 t f ..•, .... _. LU K ..; -•_..•• -1 .:1 • .._A_. • . , I. , ! 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M (.5 Z Cr _ • CI >"' Z I-- i : ict a 0 c,..) 1 0 ii Cr -savwsv.vas mem W Z CD Z • WWII CD . 0 \afj CC IL • s Ek { J i` a r j + . • j i 0 - Q a. J ' ! d r - ..: . ; • -. . 1 • • • ti 1 , 1 • - 4‘.-ite;Liti.rip-, :i. ti 11 r dr I .; Al. it 0 1 t 7 1::\- — i .- 1r21.-- e-w-r÷F....--- _ ...' %, • .. . •: ' . ..\ \ , 'lila 1 r- 1 :7: t II 45) 1:■‘t.il 7 ill . ---;....--,7 . cii 1 Alf / i. %. N . . lb I \ I, • .-- : • ; ..1••■•• '4 -11111111% , rt. fri. i i• i .... . \ : . \ \11 11. 111111 , . ..b ............ I; I = Z_ :sl1 dillte t! t t % •a4 4----ova . i 14. ri :s - ---- . _ . . • . - • a 0 \2� Page 9/EAGAN ADVISORY PLANNING COMMISSION MINUTES • JULY 23 , 1991 A discussion took place regarding the alternatives of the location of the play area. Commission Member Merkley stated that the day care was an excellent idea for this development, but felt that the applicant should work out the problems with the location of the play area. Merkley moved, Staeheli seconded, the motion to continue the application of a Conditional Use Permit to allow a day care facility in a NB (Neighborhood Business) district on Lot 1, Block 1, Blackhawk Plaza Addition located along the north side of Diffley Road west of I-35E in the SE 1/4 of Section 20, indefinitely. All voted in favor. WAIVER OF PLAT BARBARA SHIELDS Acting Chairman Voracek opened the last public hearing of the evening regarding a Waiver of Plat and lot width Variance to allow a tax parcel separation on Lot 2 and 3, Block 1, Tara Court, located along the south side of Lone Oak Road east of Pilot Knob Road in the NW 1/4 of Section 10. City Planner Jim Sturm commented on the background of this application. Barbara Shields, the applicant, stated the a pie-shaped part of their front lawn belongs to the neighbors, which is family, and she would like it restored to her. They are trying to sell the property. City Attorney Mike Dougherty requested that condition number 5 be added which requires recording a lot combination agreement to combine that portion of the split of Lot 3 with Lot 2 for tax purposes. Gorman moved, Hoeft seconded, the motion to approve the Waiver of Plat to allow a tax parcel separation on Lot 2 and 3, Block 1, Tara Court, located along the south side on Lone Oak Road east of Pilot Knob Road in the NW 1/4 of Section 10, subject to the following conditions: 1. A variance to allow the lot width of 25' for Lot 3. 2. No other access points on to Lone Oak Road. • Page 10/EAGAN ADVISORY PLANNING COMMISSION MINUTES JULY 23 , 1991 3 . A recording of the Waiver of Plat within 60 days of Council action, with verification to the City. 4. A required 30' drainage and utility easement for the existing sanitary sewer. Said easement has a bearing of South 68 degrees 43 minutes 39 seconds West. 5. A recording of a lot combination Agreement to combine that portion of the split of Lot 3 with Lot 2 for tax purposes. All voted in favor. ADJOURNMENT Hoeft moved, Staeheli seconded, the motion to adjourn the July 23, 1991 Advisory Planning Commission meeting at 9: 05 p.m. All voted in favor. • Secretary - Eagan Advisory Planning Commission • a 13 Agenda Information Memo August 20, 1991 City Council Meeting • LEMBKE TRUCKING COMPANY/CONDITIONAL USE PERMIT STATUS G. Status of Lembke Trucking Company Conditional Use Permit—In 1986, the City of Eagan and Lembke Trucking Company reached a proposed settlement agreement regarding a conditional use permit for Lembke Trucking Company. Pursuant to that 1986 order, Mr. Lembke was to keep his property according to the conditions under which preliminary plat approval was granted in 1980. Also pursuant to the order, Mr. Lembke provided a bond for the sum of$5,000 to be kept by the City through July 22, 1991 to guarantee his compliance with the order. The Community Development Department has inspected the Lembke Trucking property and has taken pictures dated May 23, 1991. These pictures provide documentation of violations of the conditions as stated. In particular, the violations include exceeding the parking or storage of a maximum of 15 vehicles, outdoor storage where none is allowed, and lack of solid screening on both the south and east side of the site. The City Attorney's office is proposing that the City begin an action against Mr.Lembke for violation of the 1986 court order. The proposed action involves serving Mr. Lembke a summons and complaint seeking a permanent injunction. The City Attorney's office would bring a motion for a temporary injunction which would require Mr. Lembke to immediately remove or bring inside the outside storage, limit the number of trucks and trailers on his site and to park them in a designated parking area. The court would then set a date for trial at which the violations would be permanently decided. Enclosed without page number is a copy of • a memo from the City Attorney's office, along with supporting documentation. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny beginning an action against Lembke Trucking Company for violation of the 1986 court order as referenced above. /02 ("/ • FEES: 1 - 3 mach. $25 @ AMUSEtr DEVICES 4 -- 15 mach . $200 APPLICATION FOR LICENSE over 15 mach. $400 CITY OF EAGAN 3830 PILOT KNOB ROAD EAGAN, MINNESOTA 55122 Al 1. Name of Applicant ���111--L A v\ /-1 P ic c L �� t' Firs Middle Res. Address C.-/1 Jic+_q Its , ----__A-_ Nw- i yl4 .s-11,y Street City State Zip 2. Business Address 29(x, iA ovs k-� \),\�(p�z Jv-. c /q4},L Name --.. � /1 A. /0'-✓ ----- _- V • (Yl • r:rtc_- ll ii 1-o-c6 y✓1 us,'c t tic/v 74(;) city_ State Zip 3. Home Phone i is i-v3? Business Phone ('/ ---1 ( (,( II. Date of Birth U/!S/5q Place of Birth 1f P -ti. O mac-�f ;//77. City County State 5. Type of License: Individual Partnership Corporation L- 6 _ �.-.. .a.a...._._� w,-.� phone, date of h�rth_ b. II" Partnership or Corporation 115i, name, Litt.:, hL pho• e, _ of , place of birth, of e ch partner, officer and dire tor. 0`11 i(C 11 17 3c, (oS 4�Sf,So. Uo-f t i °, E> r1 . S s U'(o P a . 4 P4-,� i �Thc4 N �� l-. ' `�Y11-tL∎v./ V� /31 OM C1 Ark kcu.nt)0•147 `>(.' 2444)-, Pi/6/, c /oS ■ ✓•Pr6c0:P' Pk°-1- //4,/- Tr �� --zpi,-1 f) •-0/111 N ()d/,d-J ', I7 75 , Ctt sr ° P ril 4 CC)ko/�' P/e-c . S4 -0,1-a-‘--, /14. 7. Licensed Establishment t_)■« t i ii K", q (.0, -( dN`C- "�'( Nam Street `-2tyV,A3•1. �'IINI . S_0-.) Phone "--/S-14-20W City State Zip 8. Description of Business: )(\tZ-/ 1 4'_44-t • n . Name and Addre of owner of premises where device is to be operated {bu R.cyo / 9 C% )l`L'(1-- 1�/c ,v, _)wiz.-nl,,vl, .-_1 x17 C t r t(Ef P J. W i a 0.29 10. Name and Address of owner of device(s) V=�•\) d1,r i '►'___, -Qto At-' 7 / 3)4 x - -S -, '1 -1.0 ✓vt N , 61 11. Have you ever been arrested or convicted of)any crime or misdemeanor, other than a trc ff i c offense: vcc kIn L 12. For Amusement Device License (Continue list on separate sheet if necessary) : # Description Name of Manufacturer Ser. # Fee I \--) Rt\Zc C2 .1, /N C2t -i -1 aI-1, C t1 �' \ rc-. ;. c;4-,2 f \6',nn ()1y) <__ tl' j''' - ++. ...,-)Ci 71 L ). -;)6 J9. ) 41 (ff FOR CITY USE: Police Approval : . C( l' 'L?' U Dated: D - / 3 ci signed (J City Council : _Dated: signed • MEMO TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTL- DATE: AUGUST 5, 1991 SUBJECT: FINAL DRAFT - MAC INTERACTIVE PLANNING GROUP Enclosed you will find a copy of the executive summary of the MAC Interactive Planning Group Report concerning off-site impacts of the six airport development options. The report itself, containing impact information and narrative from all seven of the potentially affected airport neighbor communities, are compiled in a document approximately two inches thick. The executive summary itself is somewhat lengthy but is laid out primarily in matrix form to outline the perceived land side and air side impacts of each of the runway options. Since it would be extremely expensive to duplicate the entire report for all members of the City Council, please share the executive summary with them for purposes of information relative to the City's participation in this activity. If you have any questions, please let me know. Assis t to the City Administrator Attachment JH/vmd DRAFT Report of the MSP Interactive Planning Group OFF-SITE IMPACTS OF THE SIX AIRPORT DEVELOPMENT CONCEPTS MINNEAPOLIS-SAINT PAUL INTERNATIONAL AIRPORT LONGTERM COMPREHENSIVE PLAN July 24, 1991 EXECUTIVE SUMMARY The MSP Interactive Planning Group At the request of communities immediately surrounding Minneapolis/St. Paul International Airport ("MSP"), the Metropolitan Airports Commission ("MAC") established the Minneapolis/St. Paul International Airport Interactive Planning Group (the "MSP IPG") to advise the MAC on the MSP development track of the Minnesota Legislature's dual-track strategy for regional airport needs analysis. The Community members are Bloomington, Burnsville, Eagan, Mendota Heights, Minneapolis, Richfield and St. Paul. The MSP IPG received two charges from the MAC. First, identify the off-airport impacts associated with each of the six consolidated MSP development concepts. Second, develop potential mitigation measures to ameliorate the identified impacts of each concept. This Report presents the results of five months of effort by the communities, the MAC, and the Metropolitan Council to fulfill these charges. The communities believe that the information presented herein will assist the MAC in choosing among the six development concepts for MSP. The MSP IPG and its charge are described in greater detail in Chapter 1 of this Report. The Methodology To identify the off-airport impacts, the communities worked with MAC staff and MAC's principal consultant, Howard Needles Tammen &Bergendoff ("HNTB"), Metropolitan Council staff and others to understand how each development concept would affect each community around MSP. MAC staff and HNTB also developed information on the off-airport impacts on Federal and State lands adjoining MSP. Care was taken to use uniform methods to describe the impacts in all the communities. Once the impacts were identified, each community developed a plan describing potential mitigation measures to ameliorate the impacts of each MSP development concept in the community. In preparing these mitigation plans, each community made an independent determination of the nature and extent of mitigation measures appropriate to address the impacts in that community. In developing these plans, the communities assumed that financial assistance from the MAC, the State and the Federal Government would be available for implementation. These plans are called "potential" because: (1) they have been developed at a conceptual level, not at the level of detail necessary for implementation; (2) they have not been subjected to a public hearing process in the communities; (3) they have not been formally adopted by the communities; and (4) precise funding sources have not been identified. Nevertheless, each plan represents a community's best judgment about the mitigation needed to ameliorate the impacts of MSP development. The methodology used by the MSP IPG is described in more detail in Chapter 1 of this Report. ES-1 The Six Development Concepts Briefly the six concepts analyzed by the MSP IPG are: Concept 1 • Construction of a second north parallel runway northeast of and parallel to the existing north parallel runway,, an additional east terminal building, and satellite gates and a passenger drop-off on the west side of the airport. The new runway would function principally as a landing runway. The existing north parallel runway would function principally as a departure (take-off) runway. Concept 2 - Construction of a second north parallel runway as described in Concept 1, a replacement west terminal building and a passenger drop-off on east side of the airport. The runways would function as in Concept 1. Placing the terminal on the west side of the airport creates a "new front door" for MSP. Concept 3 - Construction of a second south parallel runway southwest of and parallel to the existing south parallel runway, an additional east terminal building, and satellite gates and a passenger drop-off on the west side of the airport. The new runway would function principally as a landing runway. The existing south parallel would function principally as a departure runway. Concept 4 - Construction of a second south parallel runway as described in Concept 3, a replacement west terminal building and a passenger drop-off on the east side of the airport. The runways would function as in Concept 3. Placing the terminal on the west side of the airport creates a new front door for MSP. Concept 5 - Construction of a north/south runway on the west side of MSP, an additional east terminal building, and satellite gates and a passenger drop-off on the west side of the airport. The new runway would function almost exclusively to the south for both departures and landings. Concept 6 - Construction of a north/south runway on the west side of MSP, a replacement west terminal building, and a passenger drop-off on the east side of the airport. The new runway would function almost exclusively to the south for both departures and landings. Placing the terminal on the west side of the airport creates a new front door for MSP. The six concepts are described in greater detail in Chapter 2 of this Report. The Additional (Post-2020) Runway Alternatives Although this Report focuses on the year 2020 as its planning horizon, the MAC has directed consideration of runway expansion flexibility beyond that date. Consequently, two post-2020 runway addition alternatives are analyzed for off-airport impacts. The first is a four parallel runway scheme which combines the north parallel runway (Concepts 1 & 2) with the south parallel runway (Concepts 3 & 4). The second is a north parallel runway (Concepts 1 & 2) combined with the north-south runway (Concepts 5 & 6). The Post-2020 runway alternatives are described in greater detail in Chapters 2 & 3 of this Report. ES-2 Off-Airport Impact Categories And Criteria To assess the impacts of the development concepts, the MSP IPG first listed types or categories of potential off-airport impacts which could occur from runway/taxiway development (and the aircraft operations associated with such development) and by terminalllandside development. For runwavJtaxiwav development the potential impact categories are: air quality, navigational aids and airfield lighting, runwayltaxiway construction impacts, non-noise related land use impacts, tax capacity, federal and state safety zone impacts, historical and archaeological impacts, public land and parks (Section 4f) impacts, noise impacts, wetlands impacts, groundwater impacts, and storm water runoff and surface waters impacts. For terminalllandside development the potential impact categories are: air quality, construction impacts, non-noise related land use impacts, light emissions, noise impacts, traffic impacts on regional highways and local streets, public utility requirements, wetlands impacts, groundwater impacts, storm water runoff and surface waters impacts, and visual impacts. After determining the impact categories, the MSP IPG discussed and agreed on uniform criteria to use in describing the impacts. For example to describe aircraft noise impacts, the communities agreed to use noise contours based on four descriptors - Ldn 75, Ldn 65, Ldn 60 and L10 65. The impact categories and criteria are described in detail in Chapter 2 of this Report. Executive Summary - A Condensed Version Of Impacts And Mitigation The off-airport impacts of the six development concepts and the mitigation strategies to cope with these impacts are many and varied. Both impacts and mitigation strategies are presented in this Executive Summary in a condensed format to highlight the differences among the six development concepts. First, runwayltaxiway impacts are described under three headings: runway/taxiway categories with no off-airport impact; runway/taxiway categories with no differential impact among concepts; and runway/taxiway categories with differing impacts among concepts. Detailed analyses of all runwayltaxiway impacts and mitigation strategies appear in Chapter 3 of this Report. Readers are urged to review Chapter 3 for a fuller understanding of the runwayltaxiway off-airport impacts and mitigation strategies. Second, terminalllandside impacts are presented under three like headings: terminalllandside categories with no off-airport impact; terminalllandside categories with no differential impact among concepts; and terminalllandside categories with differing impacts among concepts. Detailed explanations of all terminalllandside impacts and mitigation strategies appear in Chapter 4 of this Report. Readers are urged to review Chapter 4 for a fuller understanding of the terminalllandside off-airport impacts and mitigation strategies. Finally in this Executive Summary, each community highlights the impacts and mitigation strategies of greatest importance to that community. ES-3 Runway/Taxiway Categories With No Off-Airport Impact In examining runwayltaxiway off-airport impacts, certain potential impacts either did not occur in, or did not exceed applicable environmental standards for any of the six development concepts. These categories are: air quality with respect to carbon monoxide and particulates; wetlands; groundwater; storm water runoff; and surface waters. Chapter 2 explains why these categories do not cause off-airport impacts or why the impacts do not exceed environmental standards. RunwaylTaxiway Categories With No Differential Impact Among Concepts In examining the runway/taxiway off-airport impacts, certain impacts occurred uniformly (or almost uniformly) across all six development concepts. These impacts are summarized here by impact category. A more detailed description of each impact can be found in Chapter 3 of this Report. Air Quality With Respect To Nitrogen Dioxide And Hydrocarbons. Under worst case assumptions for all six concepts, nitrogen dioxide concentrations produced by aircraft operations would exceed the human threshold of odor perception in nearby portions of Minneapolis and Richfield. No impact is predicted on Burnsville, Bloomington, Eagan, Mendota Heights, St. Paul or Federal and State lands. Runway/Taxiway Construction With Respect To Changes In Overflight Noise. Run-way and taxiway construction for all six concepts results in reduced use of the cross-wind/4-22 runway (Runway 4-22) and increased use of the parallel runways for a period of four months to one year. This would increase the noise impacts in Eagan, Mendota Heights, Minneapolis and north Richfield and reduce the noise impacts in Bloomington, south Richfield and St. Paul. Land Use With Respect To Land East Of TH 77 And South Of TH 62. All six development concepts call for acquisition of land in Richfield east of Trunk Highway 77 (TH 77) and land in Minneapolis south of Trunk Highway 62 (TH 62). In Richfield this means acquisition of two residential areas known as New Ford Town and Rich Acres with a market value of 521.4 million and a tax capacity of 5.4 million. In Minneapolis this means acquisition of two residential areas known as the Navy Annex and the St. Kevin's Neighborhood with a market value of $59.2 million and a tax capacity of 5.2 million. Runway/Taxiway Categories With Differing Impacts Among Concepts The off-airport impacts of runwayltaxiway development (and associated aircraft operations) which differ among the six concepts are summarized in the following table. The impacts are described in detail in Chapter 3 of this Report. ES-4 m d 4 cn d m • o E m m m d c� p co c c U o m p _c E c co to V 2 co V CD T V; W -C m = m N o y m N ° ` V C G c Cm m G CC m W . > .c v m o °u E > d o G m L m = m d ° m C L ° N 'v C - E m C `o m •° > o F. o u 3 '- E m o o `a 2 r°� o '7,, o r co E m m 3 v 3 Eo .E. v p 3 .E ° Z. ^ °v 2 m E ° E ° q a ° m:. 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N D n o fD m m u f`7 o Z de y L .0 C N C + `+ `+ = O "1 c m , 117111111 O U_ `,,.' a W " " m .° m m m C m m m L_ m �`! c c ± .. 0 a^ 9 2 > ; Dn 'm m W = E 3 E 9 . c c O W = c o = m t W -s e c, t o E N o r m O a m ` O •p y L y .0 ccO ..L W .0 m N cc m D o C m a u D c 4r. n_ J J J U J J J C 9 C U ID C C. 1.0 < d W C7 O d CO N S. m u a _ = W u p m E o W h U r y O gy — _ ° E > m c m e a ^ C e o L 9 0 c E C - C O = O a 4D H C p L C 9 E 0 C r ^ 2 °m . t •2 Eo d m E 3 .4 0 `a c.o • m •s. 2 .. = a s a o° 2 pu 5 o e 2 > e�i ._ •= is LL c _ V = O m E L L O pe a •O•m C C !• C .0 m = E • i E m ; C C C o L C 9 a s °_ E y = u ✓ E ° 'S a `o C �" r e c ^ e e 6 m v ` E m N ^N 4d m L r J CO O e 2 C C C O N O .0 •E i! .E,._ 'C O N N C m N C c. m C p O E N •_ g C m O c A=E .o i ..i E 00 E ym Li 0 •E W m C a y W m 1n O m LL7 O N m + + C O LLi O c O t + N m G ° a m co o C tz ` 9 o W m m m m °m m m L m m K m m m m m oe q E 2 > N m O�If = ;• c W O. C C O e C C O c= >L ! }L ► G a C C O O C O o >• 'r t = G = = N p e W I O a 2 2 LI O i'i J J J U J J J 2 2 U E 1 f7 d J J J S J J S� 9 2 2 C. M U .2 2 O 6 45 r t' W CD 0. 0 2 .i, U id m q q q dp 4 L m ' c E c 2 s to c� y c i o 0 • o 0 a ; v 0 'o G - a o 3 •E a E Q g •m W m 9 E v Y W > E y o y li r2 y v E - `o 'W E ° °a r• m 3 '.u E = E E m o c c 2 q y q G -cc a y 3 E a -t". o o = .y _m ? o 'm 'w c m ..°�.. m e a G ° •m .E ..=3 m 'c o 2 m o t> E 7" v o .. ° E i�• 52 t °) v o 0 E °A E m y m 2 Y e o y N O cc m ° w t m ° c c m L e m Y o ° =... o t E m N K m G c .E 0a h. c e 05 ca) d • °o O p `o N E 9 ° o c o f m E O n o. 0 0 O » c E N q y E m q 9 _Y O O. 0 r N � 'C C G Y m m C /� ^ m G O O 'C .E N y -- LCl Ci ui m Lzi ,= Lr m s .°r q 'c. O a O O c o •m° La^i� cc o.s m co m f m m co '� v C E E " r - L C ° O. = C O = = O ccG Y Of L qY m y E . G E E ° p•O O 22 2 C 8 1 J J J U J J J C •� C U C •C d 2 J a .- 2- . q m C 6 N se S ai E m C v L y Z.-, o m c E c 2 s rn C., a • m Y y = m 0 = - IA o c o v 3 - 2 To O L o E- 9 c c y °` ' co 0 o h ° v E ` o a ° 3 .o 'E °m .°._' °ci .c ..°. G o C ` N O 9 L C C •'^ L7 C d E C d Ec o c y 2 - `o ; q °- "E a s - 8 C y G DL Y 2 Pa o Y E ° m y q y E =q r `° m E '- 0 .5. ...40 o `o o C m .0 o_ E,' o c c .- m o ° t L m E ° rn G v co o ° ° m c > E = o E c G G E °• an d IdJ G°.1 .£ c m o ir: Y 'C c c .o E. ° q ° C m E m L o N a p p o o.z c o '_ c c _ E m v v 3 a• > ° c o G ..2 I^ m _ G c) m (7 m 0 ° s N ° E a > - v E C v C_ - c v ° o - E :: m o w ° Y °u e c v 2 e c .° = m E m c c ^ _ N c o' m ° E O : ° ` y d G 9 o E v m e 3 ; co m o CD m m L . m n . :E •E to ° °°i E C v° m- E q E m d '> > C y O L 9 ^C g: :L m m == 9 > .. O ' = 9 eu ° •m . q 2 O a cc 2 a J J J U J J J 2 •O c U - C C. an a q r2 U .E N C m 9 LL L C N 6 C d ° G o y° m ci c E c m M ca c°3 .. m• O L y -=. C .O m C r C O> o ,cc so us m ° N ° E ° 0. E ; ° E m 2 c m o q Y J <co 0 ,C_ q C :=E O O C O m O r O C - ° y ° O in P. h E m Z1. G _m s 2 c°i .e o q H o 9 o f `o o C o m 6 C y 3 q O` t C 9 O V t V E c ° c .� m o m E ° f2 q . a E a go v c G o a ,8= e C O Q 2 .. C cc m 0 0 U q C q • U q :E O o O m ° Y ° = Y C o 9 Ley, t C Is. = ` C ` m E.0 O O I.t O O Ih _ E a y a• ° _°o. v m n ° `°'' c ° o I r c Ln m Ln - W - L C N< C C 4 O � C m C ... m • E O C C 2 m O = •� E r N i q C O 'E q O o m G ° °c = Lri o o o LCi t o c w ° ° m a g E 'q m .m_ E m 3 > c c o E c c o o >o, m i m �' m .�.e n'c_� E o g c o .E a m V) L°> O age= d J J J U J J J 2 C U 9 C a an rn C - C U .9 c C 2 Eno t• U o q co E Le • CO a4 . 6 O it; C O c m U [.7 C O C) N N _ m C E C m ° °J > o •m m o y u c d m se �i ° v E m i o E• m o. c a m m E '° - -a o. ° m u C i v O d ~_ m m m m > > ° m C co 2 O m o y I.i m •L, in W o ` C Z > L•r .°. a C - - .. .2 . 7., -. .5 m . a ' r Z. E °L E •a, = 0 m m .- 2 -=L C oo N a m ° ` t • ° _ o m o ° o 0 c a' `m o .... m ° m .. a .3 m E _ C m E ° .o a .. c o E 'o 0 0 " a EE m'O = m L U c m = d ° Li m c '- u m u c .n o C E m o is o L` r e v 9 a m m - ' <, E ° . c O m - C 1g 13 =e N m m 'c 3 E n n CD o° cn ^ m v G ° m p `o ° v L . W v •= y a CL E - N m d C ^ m CJ O.CD m ' -- E en m m m ` O m O H ° y m N 9 9 C .E N OD C + ° N . C + m m .0 L O o >L ? H G m o o ma' .E -2 o m ui o ui m ui o L ^ m + o o =a m m N L° m ° .' s u� o m = o m g E 'm % `) ' m m L m CD c m m c . s m c o? = a c c CD m c c o_ o .:.-g. m i Z t m v E c .- `m .?5. m 2 E E gl N O y 9 '- L 9 y m . L m .E' m m 9 O O ! m ` OC o � C d J J J U J J J � � C U v C d c7 Q U O 6 r2 O C m m m m O 6 m G o m m c3 c E c cn c.) ° — 'O L m _ m c C W L 3 N O C m = m eti co. C m m m_ d _ = O E m v E w m m .• m.= O d L K O L y = O ` m m a H . 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E .N Ld c N y 6 m A 9 O .E ! m • W H O O v L �. m m m m m m . °^ m ° _ m m > c `o E 3 v L m c ... m . ` 0 t w O e _ 2 a L O Z d e O O f 9 J O c. 3 9 O O W L W m U n '.' m y N N o 2 o v H C D_ J J U J J J 9 C U v C 6 t7 L9 5 .e.. n 2 S E u .E = ma ° et a c7 t., a d O c d L E c m o CC co U C 9 N O m m' co • m L• C m C m t O L N c m m• O d c 6 m p V t _ m• H m o d m •O o f E a o c.m a— a cccn c o m v a Lq a L — O I < O i m (= eV 9 m o, E o W ° L` ! v o E `m O1 N _ 117 Eo .m - = v 5 c m e a o = W `e m E Y ce ° — c c N 3 W w E L `c C/) S = = E V m m e CD .E = 2.2 N ! m 0 •_ V m 0 .E 9 w _ O s - S y u m 0 0 L 2 a m n .0 U m e a n O o o ^ n .0 E n a E E -0 m E ^ cn ^ e in .- .t 6 o c c •o o a m = c c, 'o ` o c. ^ m a m > c�4 O E n m y 0 w ^ F- C Cq w• d d -o m m L o m m6 o CO t^ . m6 + + m 9 d `e' H •m m m 0 o E r �` E m a CO o m CO o m co m ae e . oa d o 2 m ••V = = C 9 Co L L J O m! 6,C ! 6 a " CL.1 d p d O > Q d J J U J J C c U c a. C7 S , 0 2 = N L1 G N m N 6 CD o C 72 m d O L•E d U E C m O = h U o v c 'S c a m co v O L d m m d m C 6 'e O E C 6 m - m E. ri E o y E E t •E a e6 E a a m L a o ` m V N 9 y Li O 0 i ! C N _ .cc m m c m E °-° z •v_ m ° m•c a a t c o o_ E E o c N ;c .E m ti S o y ^ '^o vi w V C U m >, ▪ o n O CO m Co .E 6 O co a 10 10 Mr N O^ o E 0 m o huH ! •o m v r•m Ili o I m c.c o W -— — m + + c rY m ,m o E m o° E t a- c ; m m m c m co co c - 0 ie m _c 1O m n 9 o m _ _ a c c O m c c O . !L m >.L ` O .N — .� N o > H m V 2 .. t L L J J < 6 L m .6 LLi d m .- ¢ O a a. J J CJ J C C c U v c a. 'a7 Z •e 2= CC N C1 O a m m 6 6 d E ;, U co S. \L] El 0 m -E 0 6 o • E c a cn U X W L N Lc) O m 6 • L N O E. ` L W • t O J W . 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C '+ O'i O. = = O L 9 = O C W m L W m N N m E, W 6 E a t5 ° C C d 2 J J U J J J O C U v C d C) Ji 2 W W .E N .. m C W W m o d m E c (A U N W o v O m — CO 7 S v • J O m o _m n W• E y ° o e o -C o E c t .� o•'5 _ y 1 m c 9 O O W . 0 a ▪ E - s r _ V E 0 L C W C U •N •7. ` a O 3 m e W _ E v E y C.7 c m m m ° m m O1 > W .� m .0 c o y U m oo r c vi c C a t 6 • • N O V U N o ° O o H _ eu m 0 0 0 6 ° ° m a N E O O CO W 6 u N = c C. C C C 0 0 C c y H t • . - C Ll q .. 9▪ 0 3 a W co LCD CO CO o co co CO L - ae _ m • W m ° ` ca - _a 9 t .m 6 C C O W C C O G O L WT g. m H c._ '� W 0. 6 a s C C 1 J J J U J J J C C, 'O c d M c 2 W W E t- 73 o W o7 6 m E m — U m O fIl I] U d ca m F„- J p O m d c .0 E c m o Li. V7 CD U v o C LO e w O c C > C q C O • 4. E m 3 S De L m m = o e ` L N m v — . o E m m E.u m y U ¢ m LL .= 'O ° ® =u• m = I o� E 0 m 9 t _ a e d e U m d d = C3 1 ` e c Hi o• a i m d h 3 v m •E � cy _m °c c 'c o 2 wv' e J N o = c o > — W m O = L L ^ p Z m •O d •— o. 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CC .E2 ¢ m En°. 2Mv E c.3v Ea6—accC.) 2c� m N e • y • U c m .. e d ° m U ✓ d m E c 0 CO LL J co U W C m m E 9 _ ° m e a m .0. ? e 3o .3 a E` to an d Z T' L ` d ° v e = o L •` ¢• , .. a Oc L D7 C Vs C ,2 C e t 3 'L e d .. e. O C 3 2 H 3 _ c c E wic c c 2 « E V . c ° o c o E E ° .m 'o S . s z c m -= cc ° ¢ ° too E oo ` o i .E m y ` e a °i V) m ' o m c ca c m w a a c ,, o c ^ m c m •o o e u d L a cv m + e , c L L ` I.l d d c ° e O�L e 'c d ° O ' N ▪ ¢ U ¢ .E 2 m � d 2 � v �c U v c d L7 v_ � n Z- 2 o m 6 e d E m c., ca 6 V C O U L o L .e a o • N d O+ 3 v N N m .i' C C q t m W 2 W G t m E C W G f7 ali o..."=m r cif m m o `m C u O L m L N C C L 2 L N oi s. r, o ^ C W O W 9 a q e N v C m a a C N 2 m t G E - = O N N 41 ea lC1 °9 .E O = Z y ea a 3 N O = -la m 7 E O C 0 L W N . ` r C C m C Z. c 3 0 o r E ccn > = a C t E h 2 a N r m m U = U .0 > > 3 H ti m a L = 3 N V W N N N ' O N ° N O io• .E a' E m 3 m - 55 .r o coy' • d m 2 0 L N W ' �m ,? . O N • O Op O L o o °.. c7 C t C . C O O L _ C E > .s. m C e n m t ; > L m 0 C 0 0 m c c c c- N m m 'a o n m m = c E m o° ` . o ° , a 5. + + m w a i a m + E W a t; O.C L 1' t O + C ! W ° W L N .L O m Eo L c —a t o C S >m o N i L u E L C E m S o 'r > o N >m CIS 3 2 O m o W .m `m 7 2 m e m O co o m m o 2 e. v E 2 N o E a m 3 of v • 2 c v 2 r2 N '0 E d or 0 m c U CO CO O. CO LL! U N C. m U C O U • v C. o „ m a w. N 6 W W W O N m t x .N .E o .% t O O E ` le cN C CC m o t c m • y i o p O a N �- a. L m G N C 9 m C O G C O N O a r W ^ N 3 a i4 m ° a m = E a- y, CO e =; L m a EE N 8 c o m m a i ° • c v> G 2 . .= W p W m 2 7 — N C O _ L 0U O W G t L 0L 9 ...m E 3 G OI i m CO . W L _ m d d O O t m W O �m 6 y ' C f7 O a O C ^ C C O O a E W W C .e 0 0 m m . O O •• S.0 .. .a C L N m N G CC W O - c. a ° • p a O C C ` O a 0 m > r O L .L • G t _ EC C > o N T O o C co r.. a d N ®' m 0 ° m C0 m " N ' m 0-3 3 3 0. t 2 2 � 2 v E a ea ..E m 2 2 - c M N 9 E d u o — C aci W 0 co N 5 O. C O a p E W ° N o - c a U t a 5 O . ca 6 d V C U L L 2 H L H H 2 ? w•N J -0 > -co C C N m C ; , H E G C it t a a m m a ii t °.r > 2 a Z! =• Hm ••- s m ° at C - — O d d m C N m m C d N .w d y N W O d 2 L lfl CO U 3 d L O V ° 2 L f7 W ^ = W c, a C C C 0 3 L ° m ° r `m 6 e •• -co C 2 .. 'O ° r m W IS O N Z -co L m O y L ° .°. L C d d W L ' L cc W Co.L O d m 8- E2 m O > > c N O •cd e7•0 °' 9 3; 3 u 2 2 E E o o h 2 °u L a o y C..3 a m ° d t ; v rL v oa ; .. u 2 6 p 3 H m H m — V w H H m O E r H > H W ` , =O ` L L E. W W L L W L m L m t m g+ " E. p H m ea «°. m 3 w o . 3 m ° m r L 't 2 0 t c p C °E N o • C ° m Z ` O▪ o H O O o L O O e 0 �. N at m = d N W ! el O ! ° CO O H L '° y - > L v CD - > co v+ f7 m O O n _ C m ea m y L L y N C L ° + + C ' m . a O �' N Op m. • W 6 C , 'E 9d > O ' > O ....�i + O m .-a- m y m O O W L a t C L d d 2 o L a o o N "m c c r E c i.s 0 N }m c r E E ° t >s o co, a t Sul 2 C E. r°. 2 °c v 'E 2 F.; v '2 d M 2 0 2, 2 0 'c 2 CV 8 'E a 3 2 2 ue m ec -2 'c 2 c°., v 'c i at n u c .3 U t7 CO E. ch La d w 0 W U N ° d C O U v . _ . a+ 0 ° o 'o ._ 0 0 2 H wm E H a ii c L a X . m a ai o m O W r O C co •> .>•. m O �= t E .rr a. - Z' co W O .? d L a s O) E c H a .E a m o C+ c+ .°. W - e 3 0 o w o ° a' ° °° a ° i+i c v n a iri a E u m e Lm.. ° W ° o an d ° o .SR EE H a .; ,O O m O .H . r m C V m -co DD se o v H L .r ea s- o .r° - ui m E ,°� a a°+ +a E''= H m E H m o v' E Co- e . `o d .t v 0 •-d '-z ° 3 3 v+ 3 c m c - E c 2 c 3 c 3 v c m ; ca 2 c .L^ 3 v V H H —m 2 .0 '' H H — 2 m C w H H y L d m L L O W d L L m m • q m a e ° c fa •m _ 2 .2E5 2. .m w d r E p o 0 `m v C m y t p p o o ,� m ° m = p .t O p m E m N• a r ` ° il e p ^ f O m - a V m a i O ! O n ^ O N a C N O C! O d O O•° 9 G p 0 0 N m = E O L o C m p m m p ..• m w a N < a p m 0 3 .` e C y N N y O.=°' m W O H p p > ;N N > o + + .m.. o C m i o y N a N •�-. m q L t t W L W L N C L W . L C d C ° a >^ ^ .er ° •L_ m ,= c O -2, ` C L W C ; C p m C L • L m . L C m 8 0 = 2 ' o c W s p 8 2 d E o ; ° ` W E 0 0 m E y c p E t o c >-Fa c° o m m 2 a++ 3 . E m 2 2 v c 2 N e 'E d 2 3 a v E 2 N e E d 2 3 u E o 2 E. 'O 'E 2 N v 'E a - L- °a O. Co E 3 - U m C. d V O O U L_ G V e O C 6 co r N C W . L O L G X = v C OD 6 ° E c ° `W en a E - 3 m r N 3. y co m L m N > t7 W 5 L jy p m L O N O O V W _ C O N p mC ^ 6 ..� N m C N >L L L W O un >.0 9 c m _°' W o 0 3 c O W m d C 3 .d 6 L G d C 3 6 6 W G d E CO U d W p W W W m co O N m 2 M W t O CW 2 2 7 C7 m T O O (7 O s •o O` W W 6.- O 7 O W co 4c O C .. .- co O C� ° '..7. ^ N oa ° C „ ° L ^ .- O .° m O. d W T W m 1p .0._ t O . C m CO m N m .0 O ^ ^ t O • • C 0. u t 3 t t ON O ! C N i t r • L 3 ,� ... 9 L > O W c. 09 m C N t 3 °c °w t°� 2 i°o 'E 2 c°� v 'E cm. to 2 0 m E 3 v 'E r v 'E d a ° m U p O U O N 6 CID u W p p U N n c v O W W N G N 6 a. N _ m Oa O N E t� E 2 o e v r p W •C m .0 L = 9 m C m W 3 d O pi z C = L C Cl- i-W ' L G O_ a o E H u C c W . u 2 c v o m „ ; °u V2 m .e m W N W 2 W C O •M M W d O .d m m e W W O a CM CO �°. 76 E O O t, O es e p cc i N T. O N G 1, > O f0 © W V d .- m e - y L 7 N LCe ^y O to O IS'O a 9 + + = O e � W W L W ^ t ° = c w. L t C t Ut C . L N T . r d '5 O L W C O C > W O N > O 2 iTE G 'E d C p N C a y $ 3 o pE 2 v 'c f N v E a 3 2 ¢ m 2 2 v 2 o E” .1 O op 6 m E . U m 0 U S▪ = O > O W ••• W t▪ "- m d C G at O m 6 m c 'E E d r to m y m 0 I, ',5 L0 v tq ° .0 09 6 r i4 Z. ; o 0 cc m .r m c v 2 ; _d •� E d o °' W ;T-- c 3 u° 2 ca m TO 6 m H y 4 C L L E m t o _0 m C C m O N O • — O .- ^ N m J > 0 t.1 >N c, > o + 10 To d co W r O.t ` L • Z. L ; d C L C p fa O !O C d N N > N >m I' h 3 i I.L o 2 9 'C m N C 'E d C. d V f, U n N d o W U N 6 ti G U N m O O G x•d d m co E y c d t ._ `o — in TS d o c o m L m 6 JUU d r m c U p O E N N > H N N > d— N J w d C .� d d L m t O ' C•d L a m m O L m U o c > o N • :g ez Z.2 P. C .E c N 9 'E d r E- U O O. d E m U TerminallLandside Categories With No Off-Airport Impact In examining terminalllandside off-airport impacts, certain potential impacts either did not occur in, or did not exceed applicable environmental standards for, any of the six development concepts. These categories are: air quality; groundwater; storm water runoff; and surface waters. Chapter 2 explains why these categories do not cause off-airport impacts or why the impacts do not exceed environmental standards. TerminallLandside Categories With No Differential Impact Among Concepts In examining the terminalllandside off-airport impacts, certain impacts occurred uniformly (or almost uniformly) across all six development concepts. These impacts are summarized here by impact category. A more detailed description of each impact can be found in Chapter 4 of this Report. Construction Noise And Dust Impacts: Bloomington, Richfield and Minneapolis all face noise and udst impacts p 9 � P P generated by construction of hangers, maintenance facilities, freight and air cargo buildings, fuel facilities, replacement military facilities and roadway improvements. Mitigation would require compliance with MPCA noise and fugitive dust standards. Terminal/Landside Categories With Differing Impacts Among Concepts The off-airport impacts of terminalllandside development which differ among concepts are summarized in the following table. These impacts are described in detail in Chapter 4 of this Report. ES-22 co O. y N • U Chi do u U _ O O U Li ti m W d d E_ E = E h CC fn tip u = a a O W C C O O .= U U 0. 0 y y 0 = E .= E �vn ¢ tn v G N C. G = d d O U C C - U W O U t1 0 C W 0 d E E = E to Cc to M = N F- 0 y a .= w d y V,, m o y t7 O U = W ..>• ^ -- d y H N G d L W c u V 9 m t V N g = CCD [ ...... 0 C J O U C .` _ y 0 d W O no r LI _= E' = E i ,I m g to ¢ in v E as N G 0 y ta C 4T u O = C U O O o C. d 0 ti N ea W d .d d E t E h CL fn L d D p _0d o = W co 6- o '- m o . V L N = 1- O = ..r to d O It a d IC .E - W 2 C .0 N n W w H E C E m .y c > m m `W o ._= to U U W d 0 E H O t = L O n 9 0 0 0 0 2 0 W W = n t W m C =to W = ~ N o9 = C O n E . L 0 = 0 L Y C Y W • ~ d O.^ . W 9 r 2 H E tal 2 0 tE H N 5 5 .0 s U % tL .= m Z. o U O G to O E m - U G O U IS an m • G L fl CO 0 ....= e7 .. m in m ° C N U to c N .7:3`o IS U CC ? = N U O ° C - N C m _ 4 C U m ea o d m U C 9 O \u o C E 'E o L y o o E d .0 C ':3 (-3 c• v �1 O C �� N O. H C C v N m •� i� CO CO t° O m - C d m E m m 03 _ ,a d E c_ E ° s o m M co CO en L U .2 �E M it W (n vo L m c to E m 1O ' ` o t° .. E -ai m m S E o ° a to •C en o a y M O. E m o C m L d d C U O d O U = U .r C. p o o C m U CL O op y tw- U d 'C m m - 9 2 n m C m in .- E .c 3 0 CO C C - C L or V ° 3- To C N CI. o > H o L N U d t e O C 1 W C C y p C L C U C C V o c o f b y 2 L y C. O E r = ti .c =. H c = N ; m O o z. m c to m E • ° ? c ° s a ° ^ o m m en .E m N M m wen [n Mr N V) W el • m U d C U O p V U N m C O E m o en C O 9 O N m m W o = m ° H ° `° c .° 2 � c N v E .2 c t- N o ? m m C ° C E W m L _� ° C L`md (C 9 C ° = -.=.. T. ; E d 3 E `" �^ m m ." p U m W = .. •- E E L o ev 0 3 m C `m cm ; -° C c ,E 3 .c.•9`- > d o m ` o .2 o o. o v o m E c c e = o c ` e ° c - v H o L o o m w m .= m m m vo y m m ® ... E v > v m •5 ° C d L R m 9 G G m 61 .r ca C m y d C ` U C O U y -O O A = c c s .c c c E ' 0 m 23 E CO ° a a E m .E .m ° ° m m m - Z w ° U C d U ° ° o E m o m o L — N C E N 6 2 ti 'N r -='' •C O O C C L -2 C •2 C •o-' C a - C ` a E m v` .E ° v.. - o m e eo.,.` E C 2' .' C E .° o o m E - m m N a = .2 m a m m o ° c o c i° > °f C •� U C L. m c CEi d Et =L V •2.d e.L d p ` .ra.7 o .� U C C .0 o m C ~ .�V ._ E >t. m co E m w M- m ° aZ ° m m E 0 .c° m °u .2 °w a 0 2 2 m Z. a 2 Cn E 2 m o 2 ec to °u v .' al C f.t O U 6 E .. m c E m . _c W m U O_ tO °m m E a = _ E .7 r c ° o ? 2 U 9 y d � r E cc h • U) O y U U U • y r E 2 co 6 Cd G U to ° C �) O U y E CCu ) v� LS! 1v N a cc v v > o Ly W ° m y � Z•-• y C C u m° o c " 3 3 > c a •- = U C r\ ee ° W C = C ▪ E. e — 1-- E 10 r` CID ° o .E ° o w o C U ▪ .E > a N t o c • v c E o A E c , v • c� ° = E = o E ° c 0 a 3 o 6 ° • m o d m .7 E L • .0 -"g> L O V cc Ha • • 6. = c C p m ° .°. °n 2 u d O m • LL m C d y .o o ° E m • u _ �°, c a yr c N c o E an d al c G ^ C • E .° ,O V' W W > O , c _ H cc 2 m m tUn C ¢ v to — Z a , a1 E co d N C O p U v ° U p N 9 N W 9 W E E m o N (q U U, . .) C.) • 9 N W d d m W E v O C U o c U •• W 9 W a W m 4= m as c_ E c fn 5 h OD N • N U m d • d d E C . W O iE w v .= « > t d H 7 O m C_ To m O ` .9 9 o co` •C G L ° L .t C v c ; .°° E c N - ° 'O d m C a N W • a m m s- .13 E ° ° • co o ? ° a E ° u E o � 2 m u �E .m. � ��2 o u e OC y U W H o E o o m •- `o m w .... o ; o N a C ; m ti a Ca W d n u C m = ` W cc V O C •W F- 9 ° a ° C C T. ,d ; 9- o O •L d = 9 y V CO U y z a .2 2 .9 n M 6 6 o ti IW W O C r .9 o E W CD S.. N .—. Ni E o G G G U m U 0 0 0 c C O = O O U U4 H c m° E 0 CO h w co in w ci c . d 6 m m m C c c C m o tee„ U U U Ot m C W •y ° 0 E m m c m E = A E m N CO y W Cl, a 6 Ni ^ Ni m d d d c m m m c o O C c c U C O E Ea U . U m U C% H H co, .E m •.- m �� m E f o f v! E co CO CO CO CO W CO N 0 9 o v N . . v` a I.IJ np 3 mp m 3 0 r-, u E .? m E .y p m m (mj 62 r d p r C V O E E m c U Oa = .H p C H ^ p O ,c m 17 C m .y m m C p m E E > ° E E ° E > m c, CO GJ t o C CO VJ W y r O c d H C o CD o E c c a i e c ^ ^ < a o a 'E ° ° vi oro ^ d m t o v ° a ° v m E .E v a y` m` E E c ° aEE 'E.°a n ^ ,_ H C 0 to n H N m m -c and E c o v `Lc, at Ni = m m h E E q ` S c ` o N = m c p m O . y .- u _ 'E r o ? m Q ~ E = _ = = a iD a 'E € v ° c• `e ' c O.f.i O m C A 0 m ¢ C co N m e = R 1— '= m V O H Hm V o H6- .E .E .o c e -E .E. m m yam, m � �' y :n m ?' m at 9° N m `"' am U G m = N. N H O C m t in — r a m m' O V ^ ° O 3 = H C1 . C d 9 c ` o n a .. s c c — ° E o E oa y S o'C o • ,e g °' m•c _ ,°i, S a .° < E - m r 5 .° o �rn 1.,„) m o c o c V m t' m vm, z V o m Co a o ° .' o O .a ` Q-J m E .s..� 3 c V ,. ` 'so 6 m a m G H N C 47. m �.. O m s . 0 d m o G 'so•o p m r= v v w r2 m e m E o am LW m .., 1.= E = E • C ¢ n .E 3 s C] o au E a>r.. a v .E = d > CO $ m ° 1- ° m m 0 o ` = o C m d ° -E an H — LL e m in F- m m m C ; G r- r- m o — — ° r r..: c m mp c -0 c ^ `oE u c n ° E u ° _ 9 0 U p N e m e > G C m I-- e • C E o m v m 3 v` ^ " c d^ oe t n ` co m n o! t -' C ° u n _ E m v` o I� am IC Lp co Q Pr1 E =t T. c H° m =t H E _ H c m .. = H e n o d E — E E •:� m mom : . .0- m ,:il� v r ._ v V e ID CO p m E V m co F`- J co 0 o } ) / ƒ \ k St } } \ / • \ ) 7q ae. $ tea ® � = ƒ % § � \ 3 % 1i © o m ; > s ! E &= - 2 � - - ; _ $ j : E7 ' - =- tE . ' el - = C) ,0E0 o. / & - } i CI' � { g - _ - _421 ^ - I & & ■ } .i m "S _Q : : § _ & = ; f : � * : 2 . fa � � 2 � ■ } } | } ? I : 3 = § , ax % � I ■ = IR � ; Te Cs.st , .c2 . . - — I + ■ 3 » ! E % 3 & - � f{ ± @oJ /) © � k � \E "s � 2 ' � a � I ! h 2J � � k � 3 § I � 2 § 0 | _ _ . E_ w t_ - � - ; ) ' 'A 41 $Ng| { § } } } § ) $ k - 0) 0) .5 ƒ � a } ) 2 r / { co . 6 o N N N o C V m c d ca V c° o ., co U U U t • N co co Ti, m = m —m J m ▪ E 1O m co co E E S cn N co ci cn cn m ° C G O d d U V u c ° v o U U 4 m Ca c m d d m d CO •� E -o 72 E S cn ei in N 'C Z. N N N u O. = w N Co O 0 a U ° o N c U U C U y W .. y Oa J m o m - m W.- CO . E d d TO Em 5 h N y W y h N C/) W en O. m U d I. O U d ° N O U v U v o — c m N J m G3 Co L E a m E .L-2 co S h s.1.. VD h HS m CO q m E " ^ °ae w y L r\ " c o a m .m m °° m e ; v - o - a 2 m go m d c ; u m •- v v m = > t E s e c a w o S o ._ .. c d m V, m m 3 'E C .q d d m 3 ° ~ v c 1O L > c o c d o^ o Lw 03 ei• .- at L " ~ ^ ` > Co oa m d t d E N ¢ •d en L co C 2 2 co H t 'v C3 CO ra`+• E c-- m m _ rn c o =y c� �•, y ` d 2 .; o > c y c 2 u = ? - 6i c L S d 3- ° C a 0 2 E = - -. c c m n 5 c ea co c m m m = .0 n m m • d cm • A v° v N ' 9 L ; c V •0 W of 7,,- n d m Co C t = 2.. - C m m m m •• y = m 0. m c d - c - L L n S — O S y = ,o = l0 J co W •° ca m S E ca d H a ,- t o m o r, ° `o S o m , .= f- - m v c t , m E N m 03 • 2 no • o v > v > > '�L - a ire v �-• 'v .E d ` E E e m E d m .. u 2 � � m .E '_ o m m y : 2 o E E m o °u °u n o n E v cnn 0- _ 4: ci ti in m m .E ed eY - ° o co ... C o n (7 w y .... = L m x C '- a.Ei - x rs r.2 m `m m � � o f m . t o N .m ; H c _ •m `m Es' .• °. N m ~ .� E ; s `d . v d E 7,,,- E E c = c , m a _ ` m c me - c m o CO o ; d ca d m n m - 0 .E v• CZ c 5 = CO r 2 v E �, cc m _y 2 cc - o ua o v m o CO in E. c c c i° N ~ = N a.m o E E C ° Q • E m c S e•.o ; o 0 g. C ,d m m m .- _ m A d ,, , O N e- m E 0 m m m m co•E LL L m m N d :2 ^ d t H L �L E c d .e .•.• H r N d m 9 m c 9 d r mnL ._ t m . ° - m m a o c 7 W 2 r= ` E .E = .° .0 ° 3 m .E d o m d O..° c: m LL CO x 2 d .E Q t ... t u 0 CO • O. d E m U N N E g d c .E. c U 4c E ° °o U 'E t• CO an m. m N u E " ^ ^ . c j y c� ` .5. S. m U 3 c i C a° m m c c o c ° 9 °Z. a a m E = m ° d W d m 2 • c E no m E GO rn m a 2 fn ai-Ca CO CO • a IV c ¢ 0,"' U E ° .r LL] e y d E m C N ` S. O co C 9 d m U d L d U U ° ii N J s m n 2 E E 2 cn °v_' in in O.• N ^ ^ d d d p C d o C C c V CO O Yf A O _ U U C U R 2' W . m C W ° m ° d d � E 0 E E CO N 2 tO 1i V) CO 0 M ch W CO C d O U G1 U ° O U o U — U SO m U an C j� — J m E m it m d m d ° E i- E m 1O E m co [a CO at. N LL N CO L N m C..) m • U V- 67 N m CV ° ..... d ^ 7 C▪ c O O m-Cr G` L C O U m 1dj U U o cc U o — d w _ U _ c - U e2I C ° 1°J o m G q . J co m E r E m m ° c m w c E o m E m cca y ,c E :E y �i to N ` C h ` m` o d o m p w 0 V q r c o CE = V a C c • m ° 10 U - `m ° Eo1 m v+ ° o m ; = W • U ° m N m G U ? co o 03 ° U o iri a m r- o y c m E °U 2„., '° •E o 3 o w • ca c E a E c Es ° 0 m ` c c .. J U Z m E 1 d c a .°j E •Q1.= : .. �°, c = C g m U ° ` d d m C m N .0 :2 d N .2 2 et H 11 N O : ' ° ts ti O W 15 IN E d E — U 5 m n • o • V a `a d a o U d E O p = O U °O U Q y c m ma m v m To E m m m o f E m = E m h Cr) ¢ y I in d U • .-_ p a . 6 d d V U C H u 0 o ca c U O U R C m W .t ° E m d m °e E c E . E m rn 2 w ¢ in a Ti. U a a C d . d O U U ,".) E O O O O C7 • G� U C m R 5 e H d m E m E E s E 2 h CO W a u ti a c ma m ° = a o U c co c O V N C.7 m •_O! V G 2 a 5 y E m m m E E E • E m GA M to N CC CA N S. d U a Q a C ti m m U C p .o C O V H o R y O [.) C m a mm O N E m _• m m a E E_ E = E CO to 2 co 2 h ae m L m = f--n'` r U W O n m = m .91 la d . m m "= E~ m = JP- E 9 y _ = y > > •i p c r = m v m o •p E o c o ; m a _> m Z Ca an C m o N ` °tl F.' H m o � ° m W c m . m E u m v v E v s . m e ca ° .- a` '� o c -o c y c ° a u ,,, a a a c m e a c > W 5-; :5°.2 Er E g. o,o v m 'm `s• y v a a °u ,m d u O C _ U 9y m x E E mm ¢ E � 6 3 c �2 o2 m a ¢ � W i u r. 2 o a' .E = t .3 O vs 1.5 E E m v a j E Community Impact And Mitigation Summaries Bloomington: Bloomington would receive significant noise impacts under all six development concepts. The north-south runway in Concepts 5 & 6 shift noise east of Cedar Avenue to new noise impact areas. Mitigation would involve: soundproofing; acquisition and redevelopment of residential areas; limiting departures on Runway 4-22 in favor of departures to the south on the north-south runway; and use of the north-south runway to and from the north. The State Safety Zone regulations could significantly reduce the potential for redevelopment of commerciallindustrial land east of Cedar Avenue under Concepts 5 & 6. Mitigation would involve re-evaluating the regulations as they pertain to a north-south runway. Shifting the terminal to the west side of MSP as proposed in Concepts 2, 4 & 6 would negatively impact access from 1loomington and Bloomington's hotels in Concepts 2 & 4. (Removal of hotel rooms for the RPZ in Concept 6 more than compensates for lost occupancy in Concept 6). Mitigation would involve a tunnel along 24th or 34th Street to the new terminal. Burnsville: Burnsville would be impacted by noise from operations to and from the south on a north-south runway under Concepts 5 & 6. Mitigation would involve soundproofing, operational procedures to keep flights over the Minnesota River Valley, and study of a single stage departure procedure for Stage 3 aircraft. Burnsville expects increase airport traffic to further exacerbate congestion on the 1-35 bridge over the Minnesota River. Mitigation would involve: widening of the 1-35 bridge; or traffic strategies which maximize use of the Cedar Avenue and 1-494 bridges. Eagan: Eagan would receive significant noise impacts under all six development concepts. Concepts 3 &4 with a south parallel runway and Concepts 5 & 6 with a north-south runway would have the greatest impact. Mitigation would include: soundproofing; acquisition and redevelopment of residential areas; strict adherence to the corridor departure procedures recommended to the FAA; and study of a single stage departure procedure for Stage 3 aircraft. Increasing air traffic could force air traffic controllers to abandon the corridor departure procedures recommended to FAA. Because of the close proximity of major residential areas to the corridor, this would greatly increase the noise impacts in Eagan. Mitigation involves: making certain the development concepts can meet forecast demand using the corridor procedures; and strict adherence to the corridor procedures recommended to the, FAA. ES-32 Eagan would become a back door to the airport under Concepts 2, 4 & 6 with longer and impaired access, and negative impacts on its hospitality, airport service and general business sectors. Mitigation would involve: maximizing the services available at the east side remote drop off; and parking facility including rental car services. Mendota Heights: Mendota Heights receive significant noise impacts under all six development concepts, but would be most impacted under Concepts 1 & 2 with a north parallel runway. Mitigation would include: soundproofing, acquisition of residential areas; strict adherence to corridor procedures recommended to FAA; and a requirement that aircraft departing to the southeast maintain runway hearing for six nautical miles. Minneapolis: Minneapolis would receive significant noise impacts under all six development concepts. Mitigation would involve: extensive acquisition and redevelopment of a multiple residential neighborhoods in south Minneapolis; replacement of lost dwelling units elsewhere in the community; restrict 10:00 p.m. to 7:00 a.m. operations to emergencies only; and execute agreement with FAA to restrict new parallel runway operations to landings only. Richfield: Richfield would receive significant noise impacts under all six development concepts. Concepts 3 & 4 with a south parallel runway and Concepts 5 & 6 with a north-south runway would have the greatest impact. Mitigation would involve: soundproofing; acquisition and redevelopment of the TH 77 corridor; developing departure procedures to coincide with less populated areas; limiting departures to the southwest; and use of the north-south runway to and from the north. Development of airline and airport facilities and expansion of TH 77 would negatively impact residential areas west of TH 77. Mitigation would involve: a high quality visual buffer along the east side of TH 77; and redevelop the TH 77 corridor. St. Paul: St. Paul would receive noise impacts under all six development concepts. Mitigation would be limited to soundproofing. • ES-33 MINUTES OF A REGULAR MEETING OF THE j EAGAN, CITY COUNCIL .•.•.•.•. Eagan, Minnesota .• August 6,1991 A regular meeting of the Eaga#::Citi:cottim:g*as::tioid on Tuesday, August 6, 1991, at the Eagan Municipal Center. Present were Mayor EädCoündiliñembüs Wachter,Gustafson,McCrea,and Pawlenty. Also present were City Administrator Hedges, Community Development Director Dale Runkle, Director of Public Works Tom Colbert,Assistant Ciii:E.ngineer Mike Foertsch and City Attorney James Sheldon. City Administrator Hedges requested the following changes to the agenda for the August 6,1991,regular City Council meeting: Consent Agenda,Item V,Final PEat,West PAiiching 5th Addition,Request to Continue to the August 20, 1991, regular City Council meeting. Administrative Agenda, Item k.§00.41.:000.:0411n4Termit, Request to address this item at the beginning of the meeting under Department Head Business. Wachter moved,McCrea seconded,a motion to approve the agenda for the August 6,199L regular City Council meeting as amended. Aye: 5 Nay: 0 ES.....•.• • Director of Public Works Colbert:*edsiiit the following be added on Page 6, paragraph 2, sentence 1, after "public hearing." "and approved:Fitife4:601." The shopping center mentioned in coliiii:Ciiiiii*IffPIOry Queen on Page 9,second to last paragraph, • third sentence should be "Eagan Convenience Center." • • • Wachter moved,Pawlenty seconded,a motion to approve the minutes of the July 16, 1991,regular City Council meeting as amended. Aye: 5 Nay. 0 IP.F.MAMTir:IPARSTRAPAI SPECIAL DEE*HUNTING PERMIT .•.•.•.•. This item was introduced as a rciqii*st for a.00al• deer hunting permit by the Adelmann family of 3645 Sibley Memorial Highway. The Adelmalii0:ai0:000Fiidwdfamage to their vegetable gardens, on property formerly known as the Fred Sell Farm,:iliie of deer in that area. Other neighbors have complained and all have expressed concerns regarding the damage being caused as well as concerns for their physical safety because of the hazards being experienced on the roads. If the special hunt is approved by the City Council, approval will also have to be granted by the State's Department of Natural Resources to allow hunting outside of the regular deer hunting In answer to the City CouncilmeM*ii'::iiiaiii'qiiiii404, Chief of Police Pat Geagan said the hours of 1200-400 a.m. were recommended by 4he:i5NR due to therOpximity of the property to populous areas. He said, in effect, the Adelmanns would be .Alining" deer and the would be with either shotguns or rifles. While the range for rifles is greater th0.....:.for shotguns, a riflKhunt would be more accurate and effective. Councilmember Wachter said he would iii*orumpd;Ng:4!:...thiiiiterests of safety that the hunting take place in •••••- the low areas of the property. ••••••,.......••....... ••••• A Councilmember Pawlenty said that the City Council had in the past discussed stopping or severely restricting hunting in the City but added that if special circumstances warranted an exception,it should be noted ......... as such. Wachter moved, McCrea seconcle44.:a..:rnpti!tm:.:19:.:41)Wove a special hunting permit to Jeffrey A. Adelmann for property on Yankee Dooc4.1240.4:0*i.iitf.I**Oliiirt J.O'Neil,contingent upon a special permit being granted by the Department of Natural kesourâè kiliiniting outside of the State-designated deer hunting season. Aye: 5 Nay: 0. PARKS & RECREATION DEPARTMENT/RECOMMENDATION FOR RATIN PARK This item was introduced as a recommendation for Rahn Park, Softball Field #2. Because the City Council was very familiar with the probl.*being experienced by properties adjacent to Field#2, Director of Parks and Recreation Ken Vraa addressed.only th*::options that represented a viable solution. The option extending the fence to completely enclose Field#2 and installing gates to control access is the solution preferred by the neighbors. ....-... Mr.David Wyss,2108 Shale Lane;:reitCritiiiari his family is experiencing with softballs being hit onto their property. He said that raising the height of the existing fence would do no good nor would placing a fence along the property lines. He said the only solution was to fence the balifield and control its access. Council discussion then centered around whether the neighbors next to Field #3 were experiencing a similar problem. While both fields have the same configuration.and are approximately the same distance from neighboring homes,Mr.Vraa indicated that staff has not received any complaints from homeowners near Field #3. The Council expressed concerns that fencint*:p.i.oa...,01 would only move the problem to Field #3. Councilmember McCrea asked whether t might not be advisable to place a fence along the property lines for both fields rather than fence Field #2 and then have to enclose Field #3 in the future. Fencing both fields would be more costly than nmning a higher'ilontIlic:property line. Mr.Wyss indicated the homeowners would not be amenable to fencing the backs of their yardi..:.1*CtAigestion was made that perhaps the field should be restricted to youth leagues; however, it was noted that it iiiii***4 solve those problems experienced on the weekends. McCrea moved, Wachter seconded, a motion to approve Option #4 which would completely enclose Softball Field #2 at Rahn Park with controlled gate access at a cost not to exceed$9,400. When told that the costs were only:CS4Ates,Conntil*tructed staff to bring the issue back for further consideration if the cost of the improvements Mr.David Doyle,2112 Shale Lane,asked if the Police Department would enforce the controlled-access to Field #2. Mayor Egan replied that it4:Ordinan**ere being changed and that the City Council had only approved improvements to the park. Aye: 5 Nay: 0 • NSENTMENDAB Because only one bid was received for....cuFl?si.de recycling containers, an exception from the bid specifications was discussed. Kris Hagern*:*:kr*glic;.00rdinator, said the container manufactured by Shamrock Industries met all specifications:.(0:AeCity'iliid:*ept the requirement that the new container stack both on top and beneath the City's existiii&intainers. Ms.iNeman said that the Shamrock containers would stack on top of the containers,however,would not stack when Placed under them. Ms.Hageman asked that the City Council make a determination as 10 whether or not this exception to the specifications was significant enough to reject the bid and readvertise. After:ftoliar:440441:*Councilmember Wachter recommended that this item be placed back in the Consent :a.wavmfth the exception from the bid specifications. Page 3/EAGAN CITY COUNCIL MINUTES August 6, 1991 A. Personnel Items Item 1. Seasonal Maintenance Wo4ersy4t:*as:;#r fended that the hiring of Jay Laramy, Kevin Carlson, Gregory Handwerk, and Richafit itittefis'3eastiiiaiM'aintenance Workers be ratified. B. Plumbers Licenses It was recommended that the plumbers licenses be approved as listed in Exhibit A. C. Adjustment. 199L General Fund Budget It was recommended that the adjustments tiothe 1991 General Fund Budget be approved as presented. D. Consideration of City of Eagan Vision:giatements It was recommended that the Cif!ol'.Fagaiai's visipa::statement be approved as presented. E. Consider Adoption of Long Range Goals It was recommended that the City of Fa•an's long range goals be approved as presented. F. Consider Adoption of Economic Development•(3oats It was recommended that the City..o#' ao's eci momic development goals be approved as presented. G. Extension of Contract for Janit aI.Servicys.Dakota Inc. It was recommended that the one-year extension of the.c;€intract with Dakota,Inc.,for janitorial services for park shelter buildings be approved. H. Resignation of Member Becky Newell and Consideration of Replacement. Airport Relations Committee It was recommended that the resigns ipap:.of Becky::Ncarell from the Airport Relations Committee be accepted and direction provided to staff.tcgaiding a r: ••cement. I. Resignation of Member Christy Clapp and Consideration of Replacement.Economic Development - Commission It was recommended that the resiiiiition:iirChngyooti.from the Economic Development Commission be accepted and direction provided to staff regarding a replacement. • J. Resignation of Member Michael T. Vogel and Replacement with Alternate Advisory Parks. Recreation and Natural Resources Commission It was recommended that the resignation:.6f 1Vfli aI.T.•Vogel from the Advisory Parks,Recreation and Natural Resources Commission be accepted and that the•present Alternate member, Deborah Johnson, be appointed as his replacement. Page 4/EAGAN CITY COUNCIL MINUTES August 6, 1991 K. Authorization to Waive Penal inn ISD #196 Assessment Payment It was recommended that the :diii Indepea School District #196's late assessment payment be waived.PetlfitY: L. Recommendation.Airport Relations Committee. MAC Stage 3 Working Group It was recommended that a recommendation by the Airport Relations Committee with respect to the Metropolitan Airports Commission's Stage 3 working group report be approved. M. Agreement, Public School Inpection.State of Minnesota Department of Public Safety and Eagan Fire Department It was recommended that an agrment for::public school inspection between the State of Minnesota, Department of Public Safety and the Cityy.of: :be..appr•Qvei.•:.•N. Curb Side Recycling Container Bid Authorization It was determined that the exception from the bid specifications for curbside recycling containers was not material enough to reject the bid and the bid as presented by Shamrock Industries in the amount of$9.50 per two container set was approved. O. Receive Assessment Roll/Order Public5(I ariiig;'Delinquent Utility Bills It was recommended that the assessment roll be received and the public hearing ordered for assessment of delinquent utility bills for September 3, 1943>:::::::::;:: .• • P. Parking Restrictions -Ashbury road and Bliie::Cri irRoad It was recommended that the parking restrictions outlined in the staff report on Ashbury Road at Blue Cross Road be approved. Q. Vacate Drainage & Utility Easements.Receive Petition/Order Public Hearing (Lot 7-9. Block 1.Manor Lake 1st Addition & Lots 1 & 2..Blocks•Manor j s:2nd Addition It was recommended that the petition be rived and the public hearing to consider the vacation of drainage and utility easements be held September 3, 0.91,for Lots 7-9,Block 1,Manor Lake 1st Addition and Lots 1 & 2, Block 5, Manor Lake 2nd Addition. R. • .1' R - P ' iIii:•:�;;: 'r :.� w'; �: ..l h. n - r It was recommended that the petition be received and a feasibility report authorized for Project 619 (Saddlehorn Addition-Streetlights). S. Contract 90-06. Final PaymentIQut C_ic:,1aintenance (Effress. Cray& Coventry Pass 2nd Additions - Storm Sewer It was recommended that the fifth and final payment f&:Contract 90-06 in the amount of$24,428.78 be approved and City maintenance authorized subject to all appropriate warranty provisions. • . Page 5/EAGAN CITY COUNCIL MINUTES August 6, 1991 T. Project 611. Receive Feasib*.:Report/Authorize Detail Plans (Well #16) It was recommended that the fe:FiIiditiAiiiO4::ki....tiOject 611 be received and the preparation of detailed plans, specifications and U. Final Plat.Kings Wood 5t1dition ...•.•.• It was recommended that the final plat for Kings Wood 5th Addition be approved. V. Final Plat.West Publishing 5th Addition It was recommended that the 1nal plat for West Publishing 5th Addition be continued to the August 20, 1991, regular City Council meeting. .•.•...• . •.•.• .•.•...• W. Final Plat. Diffley Commoiis It was recommended that the finil be approved. X. Contract 91-07. Change Order #2 (1991 Sealcoating Program) It was recommended that Change Order#2 to Contract 91-07(1991 Sealcoating Program)be approved and the Mayor and City Clerk authorized to execute all related:documents. Y. Contract 91-03, Change Order...#1.::.(ttitiie'Rifad) It was recommended that ChangeOder...#.1 kitontract 91-03 (Elrene Road) be approved and the Mayor and City Clerk authorized to execute all related Pawlenty moved, Gustafson seconded a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 PPIPIPMFM4M: PROJECT 609/CLIFFAQAPAND..RAHNCLIFF ROAD UPGRADE After brief introductions by Mayor Egan aid..gity Administrator Hedges,Assistant City Engineer Mike Foertsch explained the scope of the projedand how tlió project was to be financed. He said the revenue sources for the project would be from Dakota:: :Ounty, qpiejtrunk funds and assessments to properties adjacent the improvements. Mr. Tom Gallagher of M.G. Astleford Company said they objected to the construction of a center median restricting eastbound traffic from turning north from Cliff Road onto Scott Trail. He said this would seriously impede the access to his company's office complexes on Scott Trail. Mr. Gallagher said his company did not wish to pay for an improvement which would not benefit their property. Mr. Pete Sorenson, Dakota County Highway Engineer,said setting median:Olie:4*.is:yery difficult In this area,the three intersections are so close together that a determination had:0*.iiiide.iii*Oich median openings at which intersections would best serve the entire area He said See*:.1rail is losing lek.turn movement, however, traffic studies have indicated this layout to be the best foiiiaffic movement inde area Councilmember Wachter asked if it wouldn't encourage U-turns. Mr.Sorenson said U-turns are tiOt:prohibited at this time and studies have found that allowing them has not increased accdifl , Mr:.q :1140Aer.:000 his company would reserve the right to object to the assessments at a later date. • Page 6/EAGAN CITY COUNCIL MINUTES August 6, 1991 Ms. Sharon Eide of the Cedar Qrove area said she was concerned about the upgrade of Cliff Road as it would lead to shortcuts through their nei borhoods. Director of Public Works Colbert said the County was attempting to increase the capacity of Cliff Road:tto:keep 1f moving so motorists would not try and avoid it by shortcutting through residential neigliliotfitiotfs: '': Mr.Kevin Swanson,who lives oaf? Oak Drive,expressed his concerns about the upgrade of Cliff Road in addition to concerns about the Semper development. He said these projects would affect his property values and he would seek legal remedies if necessary. Mr. Charles Bartholdi, representing Federal Land Company, spoke in support of the project because his company felt the project was necessary and would be of benefit to those businesses along Cliff Road. He requested that only a concrete apron tai::Park Center Drive be provided until that time when the property is developed. Director of Public Works Colbert said the concrete apron would be acceptable. Mr.Bartholdi said Federal Land Company had minor concet:: regarding the cost of the project,however,said they would address those concerns at the assessment The public hearing was then closed fo public comment: Gustafson moved,Egan seconded a motion to close the public hearing and approve Project 609 (Cliff Road and Rahncliff Road Upgrade). Mayor Egan said that legitimate concerns had been•:atited and recommended these concerns be worked out regarding design and assessments. • Aye: 4 Nay 1 (Wachter) • Mayor Egan asked Director of Public Works:Colbert:tp.look into the situation with the M.G.Astleford property and asked that the issue of assessments to that pripexty be addressed. .. i ili►PPRI 31 , :€PAS PROJECT 609/DETAILED PLANS AND COUNTY COST PARTICIPATION AGREEMENT McCrea moved, Gustafson seco00:.a::Inotio.4.40.:.ttpprove the detailed plans and County cost participation agreement for Project 609 ( unt Frojea:32?b):for the upgrading of Cliff Road and Rahncliff Road and the Mayor and City Clerk aut zed to C oecute all related documents. Aye: 4 Nay 1 (Wachter) < : VACATE DRAINAGE AND UTILITY EASEMENTS LOT 4, BLOCK 1,SUNRISE HILLS 2ND ADDITION Pawlenty moved, Wachter seconded.:*::tiq_ in:::tQ.:close the public hearing and approve the partial vacation of the drainage and utility easement: described:o et:Lot 4,Block 1,Sunrise Hills 2nd Addition subject to the lowest exposed house elevation beiu ::ao lower than.893:0. It should be noted that no one was in the audience to address this item. Aye: 5 Hay: 0 Page 7/EAGAN CITY COUNCIL MINUTES August 6, 1991 ...•.•.• VACATE DAP AGE AND UTILITY EASEMENTS EAGANDALE CE.N77.4.:INDUSTKIAL..pARK 8TH ADDITION McCrea moved, Pawlenty secodè to jose the public hearing and approve the vacation of the described drainage and utility easem4 over portions of Lots 1 and 2,Block 1,Eagandale Center Industrial Park 8th Addition. It should be noted thiCno one was in the audience to address this item. Aye: 5 Nay: 0 VACATE DRAINAGE AND UTILITY EASEMENTS OVERVIEW ESTATES REPLAT Pawlenty moved,Wachter secon44d• a motion to close the public hearing and approve the vacation of the described drainage and utility easements over L.0.08,9,and 10,Block 1,Overview Estates Replat. It should be noted that two persons were in the audience regarding this item,however,they had no objections Aye: 5 Nay: 0 •:•::::: DETAILED PLANS/LEXINGTON AVENUE& LONE OAK ROAD Mayor Egan introduced this item as Project 601,Detailed Plans (Lexington Avenue/Lone Oak Road- Intersection Reconstruction& Signalization). Director of Public Works Colbert said that concerns regarding restricted access to Lexington Avenue expressed at the.40:10.p.Oblic hearing were passed along to the Dakota County Physical Development Board for their cong44*.iiOni*:.A resolution passed at their July 30, 1991 meeting indicated that the Physical Development:004::iiiPPOiteit:the original design for the intersection of CSAH 26 (Lone Oak Road) at County Road 43(Liiiiigton Avenueiinduding a raised concrete center median on County Road 43 with no median openings for left access properties Mr.Colbert said the County Board had also indicated that they were not comfortable inbaifYing:::this.clesign and would rather delay the project than institute these modifications. He said it was believed thafirthe:pioject was delayed to the 1993 upgrade of Lone Oak Road, it would give the adjacent property owners an opportunity to look at some alternatives. Mr. Ronald Kirkhoff, representing Harlan and Audrey Bloom of 2995 Lexington Avenue South, discussed the hardship to the Bloom's if a center median cut were not allowed giving them full access to Lexington Avenue. Mr. Kirkhoff asked the City Council to postpone a decision on Project 601 until the completion of Lone Oak Road currently sc..Q40 for.1.993:4*eby allowing further study and evaluation. Mr. Ken Dahlman, of U.S.WeilAtisiness*ei.,46urces, indicated that they also were not in favor of the median islands and limited access. His recommended solution was also to wait and see how Lone Oak Road developed. Mr. James Robertson, Crate of the previous speakers and also recommended that the project be postponed until the development of Lone Oak Road. Mayor Egan then dosed the public portion of the hearing. Mayor Egan said he respected the:040#6008:iun on safety issues, however he did not want this project to proceed prematurely. Director:04;1k Woili.:COlk!ert said for the project to proceed,it must have City participation. If the City does not approve the detailed plans,the project will not go forward. He said at the July 16, 1991 City Council meeting?.the City Council approved the project with certain conditions which evidently cannot now be met. City Admiiiiiirator Hedges said it may be appropriate to rescind the action of the last City Council meeting and direct statt404:yittk:*.piiii4y on the City's concerns If the action of the .•.•... previous meeting is not rescinded,this vi6:44:bó iiiiiili:lid.ndiktssessment against all appropriate properties. Page 8/EAGAN CITY COUNCIL MINUTES August 6,6, 1991 C,-)')`°L.9/r-" Because conditions of project approval cannot be met,Wachter moved,Gustafson seconded a motion to cancel Project 601,Lexington Avenue/I,one Oak,Road- Intersection Reconstruction and Signaliiation, and directed staff to work with the County on the nt is on:desj¢n to be considered with the overall improvement of Lone Oak Road. Aye: 5 Nay: 0 • •• • 199 :�#MMER PERMIT RENEWAL Mayor Egan introduced this item as the Renewal of the 1991 Trailer Permits for Fritz and Isaacson. Jul 16 r Hedges said the 1991 trailer permit renewals were before the Council at the 16, City Admmistrato edg pe City July 1991 regular City Council meeting. He said at that time concerns were expressed regarding the permits held by Marvin and Verene Fritz and Steven rsacson. Trailer permits were denied by the City Council for these two owners and they were asked to appear:b fore the:Csiy Council if they wished the denial for their 1991-1992 permits to be reconsidered. Ms.Elizabeth Witt,Administrative Assistant,.informed,the City Council that Mr. Steven Isaacson was not present,however,Mr.Marvin Fritz w s :: Crit;:Fritz: :b ha 1 been talking to his bank but had not started building a home on his property because of fiinaiicial'eotisideratioiis. He said he had all the blueprints necessary and would buy a building permit if that's what the Council wished. Mr. Fritz noted that his trailer home had not prompted any complaints from his neighbors. Council discussion then centered around last year's approval which indicated there would be no further extensions of this trailer permit. Mr.Fritz moved his trailer•onto the property in 1981 with the intent of building a home at that time. At each request for extension;:l r Pritz has said he will be building a home but has yet to break ground. While the City Council:.was::telnctant:to deny Mr. Fritz's permit, concerns were expressed about the precedent that the City Counep:daies not meatif.*hat it says. Gustafson moved, Pawlenty seconded)ii.i in.::to•:deny the trailer permit renewal for Marvin and Verene Fritz with the removal of the trailer to be no lator::th► ix months from this date. Further, staff was directed to prepare findings on the issue with a resolution prepaied for City Council consideration as a Consent item on a future City Council agenda. Aye: 5 Nay: 0 No application had been received from Mr.Isaacson nor did he appear in person. Wachter moved,McCrea seconded..a snot on to deny 4he:trailer permit renewal for Steven Isaacson with the removal of the trailer to be no later::than iX montlis:from this date. Staff was also directed to prepare findings on the issue with a resolution pttpared for:Cy Council consideration as a Consent item on a future City Council agenda. Aye: 5 Nay. 0 ICE ARENA/OUTDOO& MM :i '#i:: AGILITY/ATHLETIC FIELDS Mayor Egan introduced this item as Consideration of Direction for an Ice Arena/Outdoor Swimming Pool Facility and Additional Athletic Fields. City Administrator Hedges said the City Council had met on July 29 at a work retreat and spent approximately 21 hours discussing this issue. At that time,the City Council had expressed concerns that the numbers provided by.*:.4 silting engineering firm of Bonestroo,Rosene,Anderlik & Associates seemed higher than anticipal4::and•asked::sC• .to do additional research into the costs of the project. Construction of a Y facility :bid the Municipal Center and Lexington Avenue sites has been evaluated, however, no evaluation has titikn done of the facd'it' on the West Publishing location. The West location now appears to be the site of c.)t ilee for the YMCA.::::::;. Page 9/EAGAN CITY COUNCIL MINUTES August 6, 1991 • Mayor Egan commended Cit):.s€aff on the development of the ice arena/swimming pool facility memorandum and agreed that the issues outlined were most critical. The question was asked whether the development of a City ice arena/swim"ming::poQI fat #ity was;,:dkpendent upon its relationship with an Fagan YMCA. Councilmember McCrea said thecrities seoil iieit:lies dependent or independent of each other but if there were considerable savings with a joint facility,then the City should consider the West site. If no savings are involved,then the most favorable site would likely be the Municipal Center. Councilmember Wachter said the only disadvantage of the West Publishing site would be the location;however,it was pointed out,that if West Publishing came in*with a cash offer and a donation of land,it would have a significant impact on the decision. Gustafson moved, Pawlenty seconded a motion to direct the firm of Bonestroo, Rosene,Anderlik & Associates to re a an analysis for p par ys o the:West Publishing site in an amount not to exceed$2,000 including cost savings on construction if the infrastructure is shared Aye: 5 Nay. 0 The question was asked as to h4,w:much Community Investment Funds(CIF)could be allocated to the project and whether the City could commit to,spend a certain dollar amount or percentage of those funds. Councilmember McCrea said the City shO.04.. mmit:lofding;to the ice arena project with the remainder to come from a referendum and business rovestiiietiC it;the faixlity Discussion was then initiated regarding the timeframe if a facilities question were to be on the November 5 ballot. Elizabeth Witt,Administrative Assistant, said the ballot would have to be prepared by September 11 in order to be ready for the November 5 election. The City Council did not encourage a November referendum because of the impact the Independent School District#196 bond issue would have on the City's approach to the ice arena project. It was suggested,however, that the bond issue be no later than June 1992 with the.•aRtool board election of May 19 as a possible referendum date. After further discussion, the City,Counc l also recommended that the referendum include a stepped ballot where each portion of tb.e..referendm would be prioritized. Councilmember Pawlenty also suggested it may be necessary to consider: ihased.constrii Pion scheduling. Questions were raised regarding the<iige.:.f apolitical consultant in preparing for the referendum; however, City Administrator Hedges said the Council'may wis#i.:to have the City Attorney address the matter as there are restrictions on what tax dollars may be spent oii::City Attorney Sheldon said the State Attorney General has a made a determination that City officials may not advocate referendum questions, however,there are no such restrictions on citizens groups. Egan moved, McCrea seconded, a motion setting January 1, 1992, as the final date to have all information for the ice arena/swimming pool/athletic field.facilities,including budget staging,the preliminary referendum question, the location, and the:City' :eonsuttaii3:iiif rmation on the West site Mayor Egan said when this infoi°iiiation is rctiuned,the City would be able to provide precise budget information and then issue a challenge io:the commity to make up the difference between that provided by the City through a referendum and the p punt.still:C I he.rajSG4. One of the members of the audience asked wliose'responsibility it would be to raise private money. The Mayor and Council agreed that it would be up to the community as a whole, however,the recreation facilities committee would likely organize such fundraising. Mr.Bill Stephante,said that not all resitierits: sfthe.City agree with building an ice arena and swimming pooL He said it wasn't a question of wanti ; gse.fa' '.`'.'.: the City should invest in other things. He added that if the City goes ahead with the ice aeni['and swimmingol, the City's investment should be limited to a certain dollar amount. Aye: 5 Nay 0 Page 10/EAGAN CITY COUNCIL MINUTES August 6, 1991 MEWSOSINEW SPEC)<Ai :T1,lE F;t::)Ef1 .:m..::'!ERMITS .... A special permit for bow and arrctw:deer hunting was approved on property located on three contiguous parcels of agriculturally zoned property led at 975 Yankee Doodle Road,3370 Lexington Avenue and 3240 Lexington Avenue for the following: Jerry Krueger,3240 Lexington Avenue, Eagan Joey Krueger, 15 West 61st Street, Minneapolis Dave e Schiefelbei4 8555 South Hobert Trail, Inver Grove Heights Richard & Rebecca Maurer,J4370 Lexon Avenue,Eagan Robert Sandeen, 1304 East Balsam Trail, pagan Sean Becker and Harold Becker;:: 75 Yankee:Doodle Road, Eagan Jeffrey Walther,7420 Columbus Avenue, Richfield Aye: 5 Nay. 0 CHANGE IN MAYORAL TERM OF OFFICE McCrea moved,Gustafson seconded a motion to approve a change in the mayoral term of office from two years to four years as presented. It was noted that the change in terms ternas... :i4i-eff.eet with the next mayoral election in November and does not change the existing term of that::c'if'ice: • Aye: 4 Nay: 0 (Abstain: Egan) APRNRC RECOMMENDATION/POND JP-30.1 Mayor Egan introduced this item as the Recommendation of the Parks, Recreation and Natural Resources Commission Regarding a Petition to Improve Pond JP-30.1. Councilmember Wachter, while recognizing the problems associated with increasing the,water:level in JP-30.1 as requested by surrounding homeowners, suggested these enhancements:ake place:whei}:Y1ie property is developed. He said the costs as well as the logistical problems associated:Oh changing:the high water marks of these ponding areas would be minimal if handled at that time. Aye: 5 Nay. 0 Councilmember Wachter volunteered to work with kalif to explore the possibilities of such action and then report back to the Public Works Committee. EXPANSION/p9MAIF PROJECT AREA• Mayor Egan introduced this item as;;Scheduling of tl a Public Hearing for September 16 to Consider Expansion of the Project Area for the FStng Unisys Tax Increment Financing District. Gustafson moved,Pawlenty seconded a motion to.schedule the public hearing to consider expansion of the project area for the existing Unisys t ::Inc 8mEnt;: 'ubanc strict for September 16, 1991. Page 11/EAGAN CITY COUNCIL MINUTES August 6, 1991 City Administrator Hedges poiite out that Unisys had identified the corporate citizen involved in the semi-conductor facility transaction as Northwest Airlines. He said the information had been released to the press and noted that the City had been workiiig wit]rabort ikai or ons on this issue. Aye: 5 Nay. 0 LIQUOR LICENSE/FAMILIAS RESTAURANT ON 7TH Mayor Egan introduced this as a License for On-sale liquor, Familias on 7th, Inc., New Owners of Durnings Restaurant, Cedar Avenue and Cliff Road. Pawlenty moved, Gustafson seC4ided a r44ion to approve an on-sale liquor license application for Durnings Restaurant, now owned by Fariilias Restaurant on 7th, as presented. Aye: 5 Nay 0 McCrea moved,Gustafson seconded.a.plOtion to..atpprove a refund of the pro-rated amount of the on- sale liquor license fee to Dorola, Inc. as jpresented Aye :;5:Na : 0 BUILDING PERMIT/UNPLATTED PROPERTY Mayor Egan introduced this item as a Building Permit Issuance for Parcel#066-75,Located Along the South Side of Taconite Trail in the Southeast Quarter of Section 20. Gustafson moved,Wachter seconded a motion:to approve the issuance of a building permit for Parcel #066-75 located in the southeast quarter.:of:Sectioii:20.and subject to the following conditions: 1. No further subdivision of:tom:property sh11 occur without platting. 2. The building permit shall not be i5s iei#;fulfil.documentation of the recording of the driveway agreement is shown to the City. Aye: 5 Nay 0 TEMPORARY DIRECTIONAL SIGNS/DAKOTA FUN FEST Mayor Egan introduced this item;as:;a::Special..Use.:.Permit for Dakota, Inc. to Allow Temporary Directional Signs for Dakota Fun Fest, McCrea moved, Wachter seconded a motion to approve a special use permit for Dakota, Inc. for temporary directional signs for the Dakta:Fun Feat:as presented. Mr.Tim Dunn,representing D2ticotaii Incc,:ast ed f.4.i aver of the$50 permit fee because the applicant is a non-profit entity. Because the permit fee is used to offset costs to the City to process the application and has not been waived for other non-profit organizations, the request for waiver was denied. Aye: 5 Nay. 0 FRONT YARD SETBACK#i k AH'CE/j }J MILLER CONSTRUCTION Mayor Egan introduced this ite'mas a Variance for Jioseph M. Miller Construction, of 10 Feet to the 30 Foot Front Yard Setback Located on:# s 4,5,6,Block 4,Seise Hills Addition. City Administrator Hedges said a letter had been received from Joe:Miller.Cons0uetion oohing that this item be continued to allow them to work with the neighbors on their Page 12/EAGAN CITY COUNCIL MINUTES August 6, 1991 Wachter moved,Gustafson secoatkd,a motion to continue to the August 20,1991,regular City Council meeting, the variances of 10' to the reciiied 30' front yard setback for Lots 4,5, and 6, Block 4,Sunrise Hills Addition requested by Joe Miller • Aye: 5 Nay: 0 :•:.:.:•: COMPREHENSflitGUIDE PLAN AMENDMENT/REZONING • SEMPER HOLDINGS Mayor Egan introduced this item as a Comprehensive Guide Plan Amendment, Semper Holdings, Changing the Land Use Designation fi-o.m:PF(Public Facilities) to CPD (Commercial Planned Development) and a Rezoning to a New Planned Development District for Specific Uses on Approximately 10 Acres Located Along the South Side of Cliff Road, West of Rahii:Road, in the Northeast Quarter of Section 31. City .• Administrator Hedges said that the Advi4i0Planniit Commission had reviewed this project a number of times and at the July 23, 1991 meeting, had reeOmmended.it for approval. ..•.....•.........:.............,.,..•.•.•.•.•.• Director of Community DevelopriiiiitRaiilifeiii6i4deablickground and specifics on the location of this project. Mr. Runkle then compared the original plan with the one now being presented. He said the present proposal constitutes 9%lot coverage where the typical limited business zoning district would allow coverage of up to 20%. He said the Walgreens store in the northeast corner of the site was the only change to the planned development and all other proposed uses on the site are either permitted or conditional uses. The City Council then discussed the rezoning of when sufficient commercial zoning already exists in the City. Councilmember McCrea.a*04.:iIit:Weitgd be more appropriate to rezone only the property the Walgreen's store would be built on leaving the rest:of the zoning intact. She asked whether more commercial property would be developed ont*:propertylIthe restaurants did not prove viable. City Attorney Sheldon said that with the commercial planned development agreement,the City would incorporate the specific uses into the diagrams Any changes to the agreenient:Wi*:4sentially constitute a rezoning. Mr. Craig Christianson, of Semper Holdings,said they would be willing to continue to work with staff in order to find solutions to Council's concerns. He said if necessary,they would be willing to request a 30-day continuance. Councilmember Gustafson said it appeared that this development was less intrusive on the community than what could be permitted under present zoning. Councilmember Pawlenty added that the planned development does give the City some:esppcortunityfm...control over the property and what goes in. Mr. Christianson said his company had been thi,4tigh;Seirserat:piti*etings but had never been able to garner any specifics about what makes Walgreens ki:4esirable.:*this location than another facility. • Mr. Kevin Swanson said he sympathized with:what Councilmember Gustafson said when he said the development permitted on the property*iiild.bp.74*.thao.that proposed. He said while he liked the idea of only 9%lot coverage and appreciated th0.:*iffeft4at*iii4ii4d for the southern portion of the property,the single family homes and townhomes in the area all &ie..cur Oad. He reiterated his earlier concerns about rezoning. Mr.Dale Klossner, of 2025 Pin Oak Drive, said this development has had plenty of time to come up with an acceptable plan and now it was time to.:10:t9i:a:yote. Because Walgreens is the anchor tenant,he did not see how additional work on the projectiiiald::thilig.*:z:development. In addition,he said the developer must be counting ponding when figuring*:?0%coveragelii4ise it appeared to cover a lot more than 9% of the property. Mr. Brant Richardson, represeift Dakota County.mo the Western Court Facility, urged the City Council to approve the rezoning requestif****44hk:04 not have another use for this property. He • ,r Page 13/EAGAN CITY COUNCIL MINUTES August 6, 1991 said there was the risk that the property Would sit vacant for some time and that would cost all Dakota County taxpayers. Mr. Richardson said the prgppsed,:develppmeztt..is.relatively benign compared to what could be proposed. He dosed by noting that the cipnted tart:.reveau c:_pn this property to the City would be between S150,000-$200,000. Mayor Egan and Co uncilmem i ii McCrea expressed their displeasure with Dakota County for the County's insistence,that the City approve this project. Specific reference was made to a letter to the City from Michael E.Turner,Chairman of the Dakota County Board of Commissioners,wherein Mr.Turner implied that the City of Eagan would somehow be responsible for increasing the tax burden to Dakota County residents if the project were not approved. Mayor Egan said the decision on this project would be based on what is best for the City and its residents and added tl a#:he considered Mr.Turner's remarks to be inappropriate particularly in light of a policy of non-interference `coopera in between the two governmental entities. He reminded Mr.Richardson that when the County had asked the:City not to take any official action in regard to the Dakota County burn facility,the City had agreed it would notbe appropriate to intrude in matters outside its jurisdiction. Consideration then turned to direct onto Cliff Road. Director of Public Works Colbert said with the upgrade of Cliff Road,the property would be restricted to a right-in and right-out access to the eastbound lanes. In response to the developer's request for continuance,Wachter moved,Gustafson seconded a motion to continue for 30 days the comprehensive guide plan amendment from PF to CPD and the rezoning for a new planned development district for the Hadler Park Planned::i*v opment located on Cliff Road and Rahncliff Road. Aye: 5 Nay. 0 CONDITIONAL USE:PERMIT/LEXINGTON STANDARD COMPANY Mayor Egan introduced this item as a 6iiiiitional::Use Permit for Lexington Standard Company, to Allow Outdoor Storage on Lots 33 and 34,Block 2, Eagaiidale.;4nter Industrial Park Located along the South Side of Trapp Road in the Northeast Quarter of Section 3. Pawlenty moved, McCrea seconded a motion to approve the applicant's request that this item be continued indefinitely. Aye: 5 Nay: 0 • CONDMONA, :i: :PERMIT/pROSSTOWN SIGN This item was introduced by Ma :Egan a4giinditional Use Permit,Crosstown Sign,to Allow a Pylon Sign and a Variance to the 300 Foot Space.Itequirement on Lot 3,Robert O'Neill Homestead Addition Located at 2815 Dodd Road in the Southeast Quarter of Sevin 2. McCrea moved, Egan seconded:is iftioii to'$p tti i:a:conditional use permit for Crosstown Sign to allow a pylon sign and a variance to the 300 foot spacing requirement on the above-referenced property. Aye: 5 Nay: 0 CONDITIONAL USE pg.gmyf/TOM THUMB STORES Mayor Egan introduced this item tt8 C thtioiiiii*Permit for Tom Thumb Stores,to Allow Outdoor Storage on Lot 1,Block 1,Bicentennial Addt on,Located alOn the South Side of Yankee Doodle Road in the Northeast Quarter of Section 16. City Administrator Hedge's':said the Advisory Planning Commission had considered this item at their July 23 rear meeting and had itcommended denial. Director of Community Development Runkle said the City Codei*PowM:l*:apjihcafioa:Atir outside storage through the conditional use permit process and the issue would be Page 14/EAGAN CITY COUNCIL MINUTES August 6, 1991 Mr.Tim Monzel,District M anager:qf Tom Thumb,said their request had been recommended for denial by the Advisory Planning Commission based on three issues. One issue was safety but he pointed out that an y " a *iOnlo::#till leave a great deal of walking space for 8 foot sidewalk was available and an :Qt�de::5tvi::"";::.•'•...".••.,. customers. As to the non-compatibility issue•,iiei:saiillh yr.wei �in•compliance with the ordinance,as the outside storage was consistent with their neighbork:and aesthetically did not harm adjacent property values. Lastly,Mr. Monzel addressed the APC's concern thet::a precedent would be set. He said other convenience stores would like to participate and he did not believe the City Council should keep them from doing what other stores would like to do. In addition, lack of enforcement regarding outside storage at their previous location had led them to believe storage was allowed. City Attorney Sheldon said while a case could possibly be made for a pre- existing, nonconforming use at their previous location,it did not go with them when they moved. The City Council then discussed:City polief:im outdoor storage and enforcement at other locations. After further discussion, the question arose as to Tether outside storage was a condition of Tom Thumb's previous conditional use permit for fuel sales. Egan moved,Wachter seconded::a:motiiii( e.o nt ine The conditional use permit application for Tom Thumb stores for outdoor storage on Lot.i .Blocli•ti ieenteriniaf'Addition to the August 20, 1991,regular City Council meeting for additional research on the issue of outside storage. Aye: 4 Nay: 1 (McCrea) PRELIMINARY PLAT/FEDERAL LAND COMPANY Mayor Egan introduced this item as a Preliminary..Plat::for the Oak Cliff 6th Addition, Federal Land Company, Consisting of Six Lots on Approximately.7 9 NB::(Neighborhood Business) Zoned Acres Within the Winkler Jackson Planned Development and:a:Condi€ional:Use Permit to Allow an Automotive Service Station in an NB District Located Along the Southwest Intersection of Cliff Road and Slater Road in the Northwest Quarter of Section 31. City Administrator.Hedges,said the'Advisory Planning Commission had considered this item at their June 25 meeting and were recommitending::denial.. Director of Community Development Runkle then described the development and its location. In'answer:to:$.question from Councilmember McCrea, Mr. Runkle said the on-site traffic concerns of the Advisory Planning:Commission had been addressed,however,the access issue onto Cliff Road had yet to be resolved with the County. If access is permitted,Director of Public Works Colbert said there was no median at the present time to insure right-in/right-out access only. He said the County no longer recommends signage to control the right-in and right-out because it is widely ignored. Even though internal traffic issues have been addressed, questions still remain regarding internal traffic movement of the project and Director of Community Development Runkle asked that any approval also be made contingent upon traffic consultant Short. lxoi Hendricti;On4;:traffic review. McCrea moved,Gustafson seconded a motioI to approve the preliminary plat of Oak Cliff 6th Addition subject to the following conditions including additional Conditions 21 and 22 imposed by the City Council: 1) These standard conditiotxs:n`plat app Ya3:as:adopted by Council action on July 10,1990 shall be complied with: Al,Bi, B2,B3, B4,Cl,C2,C4,D1,El,Fl,G1,H1 2) The development shall provide for adequately signed trash enclosures and recycling containers, either contained within the builder or: tached to the building,made from the same building materials. 3) Rooftop mechanical egiiipiuent shall be screened. 4) All buildings shall be:= reviewed by..the.•.APC :and approved by the City Council prior to construction. • Page 15/EAGAN CITY COUNCIL MINUTES August 6, 1991 ......... •••••••• 5) All signage shall be subleif to the one-time sign fee of$2.50 per square foot. 6) The development shall provkle for torm swer to the southwest corner of the development. The storm sewer will be.datigiied16.00(iiiiiii cfs of storm water runoff from the existing church parking lot or deSigned to pick up one cfs of pond outlet flow from a pond to be constructed that will dr :.:the church parking lot. 7) A manhole shall be installed at the right-of-way line of Slater Road where the existing sanitary sewer stub was provided. 8) The submitted traffic eiieniation shall.be revised in accordance with the recommendations from Dakota County Highw#:Departni* .::.:.:• 9) A 100' half right-of-w#:kr Cliff Itif Ad shall be dedicated. 10) The development shall:be::r40§4i*:10:.:q9.0n/sediment control measures in accordance with City recommendations. 11) The slope easements required along the westerly and southerly boundaries of the development will be the responsibility of this development. ....... 12) A conservation easement shall be provided:00.:the 031 acres of existing trees and vegetation in the southeast corner of the.site 13) The development will lie-iiSponsible tot: obtaining a 20' storm sewer easement from the property to the south if thikdeVelornent discharges storm water runoff into Pond AP-10. 14) The development shall provide an on.sit pond with a surface area of 0.4 acres and a wet pond volume of 13 acre feet to meet the City's Water Quality Management Plan requirements. 15) The air intake pipes for Super America shall be located next to the building. 16) Condition 11.20,Subd. 10..c.34:0garding:nytoniobile service stations, b)The opening of any service station shall follO*:4iidiiOtiipreOdettie:eonstruction and occupancy of a minimum of 10,000 square feet of retifl:shopping:Center floor space." ....... 17) Berming will be required along Cliff Aid Slater Roads,where feasible. Overstory trees,as well as evergreens, shall be flidded*ong;Oiff.v)4.$1ater Roads. 18) All landscaped areas shall be irrigated. 19) Cross ingress/egress and parking easements shall be submitted prior to the Final Plat. 20) No outdoor storage/sales shafl**t*tted. 21) City Council approval is contingent upon DWita County granting a right-in/right-out access onto Cliff Road. .•...-.•. 22) City Council approval ig.:Ort.o.contingent:ttpcq the appropriate review and approval by City staff and traffic engineering ip.d*dIt*:$1tOi:ii:gfliOlendricItson, of the internal traffic patterns. ......... =IL Page 16/EAGAN CITY COUNCIL MINUTES August 6, 1991 Aye: 5 Nay: 0 McCrea moved,Pawlenty seconcteit*.itiOCtii:0:kt:a conditional use permit to allow an automotive service station at the previously that no outside storage is permitted. Aye: 5 Nay: 0 ' SINGLE FAMILY MORTGAGE BOND RESTRUCTURING Gustafson moved,Wachter seconded, a motion to approve direction to staff to continue to work with Springsted,Inc.,to determine which underwriter would provide the most favorable single-family mortgage bond restructuring transaction for the City and then retu'ito the City Council for ratification. Aye: 5 Nay 0 .•.....• ....•.•. ....pP1omAti:17,ms PROJECT 609/CLIFF•RDAVAND.•RAHNCLIFF ROAD UPGRADE Action to approve the detailed plans and County cost participation agreement for Project 609(County Project 32-26) was taken immediately following the public hearing for Project 609 earlier on the agenda. P:MINTgiii*TM400R4 SPECIAL DEER HUNTING PERMIT Action to approve a special deer hunting permit by the Adelmann family for a private hunt on their property was taken under Department Headltiixii.i*.4u.lier on the agenda. •••••:-:.:::: DRUG EDUCATION AND LAW ENFORCEMENT SPECIAL LEVY Gustafson moved,McCrea seconded a motion directing staff to request all three school districts within the City of Eagan to consider levying an additional $1 per capita to reimburse the City of Eagan for costs involved with drug education and law enforceincat. Aye:. 5:..Nay: 0 RES.0.010NOTAFF'ORD PLACE Gustafson moved,Wachter sec*Fd a moticr)to approve the resolutions declaring Frontier Midwest Homes Corporation and Delta Develop40t.!,pcc***0.4.1.4.1.ault of their obligations under the development contract for Stafford Place. Aye: 5 • POLICY DETERMINATION/ALCOHOLIC BEVERAGES AT CITY FUNCTIONS City Administrator Hedges said this item was brought to the City Council for a policy decision because of the insurance exposure associated with the.cc*Iiisitkipir.pf alcoholic beverages at City-sponsored events. He said there were concerns not only about the pccetoirs but also the financial responsibility of the City should an accident occur. Questions arose.:10i whether consumption of alcoholic beverages in City parks should be allowed in view of health and safetyliiities as well as whitlier City employees should be held to a higher standard than that expected of others. city:Administrator Hedges said at Council's direction,he would further research the matter with the City Attorli0: 1.an attempt:to finiIiii:sitable solution and then bring it back to the City Council for ratification at a future meeling . * Page 17/EAGAN CITY COUNCIL MINUTES August 6, 1991 .•.•.•.-. DIRECTOICt* PUBLIC WORKS/PROJECT 601 Egan moved, McCrea seconde****6ii.::.i6:::OP.i..44. c a resolution for Project 601 (Lexington Avenue/Lone Oak Road Intersection Reebiiiiiiiiii611) iiiiing on-street parking for Lone Oak Road(County Road 26) and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 ••••- •... DIRECTOR OF PUBLIC WORKS/PRETTYMAN HEIGHTS ADDITION/ DECLARATION OF DEFAULT Director of Public Works Colbert said that staff was close to agreement with developers of the Prettyman Heights Addition and request4..a continuance to the August 20, 1991 regular City Council meeting. No action was taken at this time. ...•.•. ....... •..-.•. •.• SPECIAL CITii..::6UNCEL MEETING A special City Council meeting*i.ii.i.. 0:1 .1.'•-.A1.404::17:;:*•4991. CHECK Wachter moved, Egan seconded a motion to approve the checklist dated July 31, 1991 in the amount of$1,823,327.42 and the checklist dated August 6, 1991 in the amount of$1,613,494.13. Aye: 5 Nay: 0 •••••••: The City Council adjourned the regular meeting..* approximately 1245 a.m. on August 7, 1991. •••••••-• KF • •• ...•.•.•..•.•.•.•.•. CITY OF iAGAN E.J. VanOverbeke • ...•.•.• ......... • 1 1016. 00* EXHIBIT A PLUMBERS LICENSES AUGUST 6, 1991 1. Wayne Dauwalter Plumbing 2. Erickson Plumbing, Heating I Cooling 3. Hutton & Rose, Inc. 4. Larry's Plumbing, Inc. 5. Reilly Plumbing, Inc. • 6. Richie's Plumbing 7. Team-South Minneapolis Plbg. & Htg. 8. Plumbing & Heating Economizer, Inc. 9. Courteau Plumbing • MEMO PRIVILEDGED & CONFIDENTIAL TO: Mayor Thomas A. Egan Councilmembers-Gustafson, McCrea, Pawlenty & Wachter City Administrator-Tom Hedges FROM: Annette M. Margarit DATE: August 12, 1991 RE: Lembke Trucking Company 545 Wescott Road Our File No. 206-9431 In late April, 1991, City Planner, Jim Sturm contacted this office regarding violations of the conditional use permit currently being held by the Lembke Trucking Company located at 545 Wescott Road. Jim informed us that in 1985 Mr. Lembke had begun a law suit against the City of Eagan for the Council's non renewal of his conditional use permit for his trucking terminal. The court order resulting from that case listed several conditions Mr. Lembke was to meet in exchange for the City renewing his conditional use permit. We obtained a certified copy of that settlement agreement from Dakota County District Court, a copy of which is attached hereto and is somewhat different from the proposed settlement agreement that was in the City's files. Pursuant to that 1986 order, Mr. Lembke was to keep his property according to the conditions under which preliminary plat approval was granted in 1980. Those conditions are attached to the order as Exhibit A. Also pursuant to the order, Mr. Lembke provided a bond for the sum of $5, 000. 00 to be kept by the City through July 22 , 1991 to guarantee his compliance with the order. In the event that Mr. Lembke violated any of the conditions of the order, the City was obligated to give Mr. Lembke a 14-day written notice, and then if Mr. Lembke failed to comply with the conditions, Mr. Lembke would forfeit $100.00 per day that his property remained in violation of the conditions. Jim Sturm inspected the Lembke Trucking property and took pictures dated May 23, 1991. The particularly offensive violations are that Mr. Lembke's property should be limited to the parking or storage of a maximum of 15 vehicles. The pictures show several more than 15 vehicles are on site. There also should be no outdoor storage on the site but the pictures show a tremendous amount of barrels, tires, and general debris on the property. Finally there is to be solid screening on both the south and the east side of this site. Mr. Lembke did do some landscaping in 1985 on the southern part of the site which at that time might have been an attempt to screen his property. At this time however, the vegetation is so scrawny that it is ineffective as any sort of screen or buffer. On June 7, 1991, I sent a letter via fist class mail supported by an affidavit of mailing to Mr. Lembke at 545 Wescott Road. In that letter I informed him that we considered that letter to be the requisite 14-day notice to trigger his compliance period. The 14-day period plus the three day mailing period expired on June 25, 1991. Jim returned to the property on July 17, and took additional pictures indicating that there had been no change in the upkeep of the property. Jim Sturm and I again inspected the property on July 31, 1991 and have still seen no change. Neither Jim nor I have received any communication from Mr. Lembke or his attorney. At this point we would like to begin an action against Mr. Lembke for violation of the 1986 court order. The proposed action involves serving Mr. Lembke a summons and complaint seeking a permanent injunction. We would bring a motion for a temporary injunction which would require Mr. Lembke to immediately remove or bring inside the outside storage, limit the number of trucks and trailers on his site and to park them in a designated parking area. The court would then set a date for trial at which the violations would be permanently decided. As permanent relief, we are asking the court to affirm that the City is entitled to the $100. 00 per day damages from June 25 to the final date of the holding of the bond which is July 22 , 1991 pursuant to the order. Secondly, to declare that part of the 1986 order containing the conditions of compliance to be null and void and requiring Mr. Lembke to apply for a new conditional use permit. Finally, to award the City up to $2, 000. 00 attorney's fees pursuant to the paragraph 3 of the order, for having to obtain the temporary and permanent injunctions. We wanted to apprise you of the situation and ask for authority to begin the action. We would like to serve the summons and complaint on Mr. Lembke as soon as possible to begin this action but will certainly defer to the council's wishes as to proceeding. If you have any questions or concerns please contact me. The matter will be scheduled for the August 20, 1991 Council meeting. MEMO TO: JIM STURM FROM: ANNETTE M. MARGARIT RE: CITY OF EAGAN V. WERNER LEMBKE OUR FILE NO. 206-9431 DATED: JULY 31, 1991 This is a summary of the judicial process we are beginning in an attempt to get the Lembke Trucking Company to comply with the 1986 Judgment resolving the lawsuit between Lembke and Eagan. 1. We are filing a Summons and Complaint beginning a lawsuit against Mr. Lembke and his trucking company seeking an immediate temporary injunction requiring Lembke to: (a) place all their outside storage inside; (b) remove all inoperable trucks or trailers from the site; and (c) park the remaining trucks and trailers in an orderly way in a specified area. Those are actions that Lembke should be able to do immediately upon the Court's order. This step only requires a hearing which is scheduled for Monday, August 12 at 9: 00 a.m. at the Dakota County Government Center in Hastings. The hearing will consist of primarily arguments by counsel and a Memorandum submitted by the parties supported by Affidavits. The Court may seek to have testimony by witnesses including yourself. If that is the case, I will call you. I expect the Judge to either rule from the bench on that day or to give us an Order within the following few days. If the Court grants our request for an injunction, Lembke must keep his place cleaned up as described in the Temporary Order until the day of trial. In the alternative, if the Court does not grant our request for a temporary injunction, I asked the Court to order that the trial of this matter be set within one month from August 12. 2. The next step in the Court process would then be the full trial on the violations on the Lembke property. A trial would involve yourself and possibly other Planning Department personnel as witnesses to the violations evident on the Lembke property. • As relief, we are seeking confirmation from the Court that the City is entitled to the $100. 00 per day penalty experienced due to Lembke's failure to alter the site after the 14 day notice from June 25 through July 22, 1991 totaling $2,800.00. We are also asking the Court to order Lembke to pay up to $2 , 000. 00 attorneys' fees incurred while obtaining the injunction as provided by the 1986 judgment. Finally, we are asking the Court to declare the 1986 Judgment null and void thus requiring Lembke to seek a new Conditional Use Permit. The theory behind this requested relief is that, in September 1986, the Court ordered Lembke and his trucking company to abide by various conditions in order to keep operating. At this point, Mr. Lembke has violated those conditions, thus violating the Court Order. Mr. Lembke should be punished for violating the Court Order by not only forfeiting the $100. 00 per day but by the loss of opportunity to operate any further pursuant to the Court Order. Thus, we will argue that the Court should order Lembke to cease-and-desist operations until or unless he applies for a new Conditional Use Permit. If you have any further questions, please do not hesitate to call me. STATE OF MINNESOTA DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT Case Type: Court File No. City of Eagan, Plaintiff, v. AFFIDAVIT OF JAMES STURM Werner Lembke, individually, and d/b/a Lembke Trucking Company, Inc. , Defendants. STATE OF MINNESOTA) ss. COUNTY OF DAKOTA ) Affiant, JAMES STURM, after first being duly sworn on oath, hereby states and alleges as follows: 1. That Affiant is a resident of Dakota County, Minnesota. 2 . That Affiant is the City Planner for the City of Eagan and has been employed as such since December 1989. Affiant has been employed in the Eagan Planning Department since 1985. 3 . That Affiant's duties include enforcement of the Eagan zoning code. 4 . That since 1980 Lembke's property has been zoned light industrial which requires a Conditional Use Permit for trucking and outside storage. See Exhibit "A" attached hereto which is a true and correct copy of Eagan Code §11.20 C.2. and 5. • • 5. That at the time Lembke was granted its preliminary plat approval , it was bounded on the west, north and east sides by West Publishing Co. , zoned light industrial. On the south, it was bounded by agricultural property. See Exhibit "B" attached hereto which is a true and correct copy of the 1978 City of Eagan zoning map. 6. In 1986, the property south of Defendant's property was rezoned residential and a 7 ' I' ' (3 - dt _. -rent- called Bridle Rid was bui t. The road in front of Defendant's property was paved in 1987. 7 . That in May 1991, A - iant • pected the property located at 545 Wescott Road in the City of Eagan, the site of the Lembke Trucking Company, Inc. 8 . That Affiant saw approximately 20 trucks and trailers on the site. See Exhibit "C" photographs. 9 . That trucks and trailers are parked all around the area not just in a designated storage area. 10. That I saw no solid screening along Wescott Road nor on the east property line. 11. That there was a tremendous amount of old parts, stacked barrels and tires outside the building. 12 . That the asphalt surface on the southern part of the parking lot appears to be either badly broken up. 13. That these conditions remain unchanged since my last inspection in May 1991. FURTHER YOUR AFFIANT SAYETH NOT. JAMES STURM Subscribed and sworn to before me this day of , 1991. Notary Public • • , o STATE OF MINNESOTA DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT Case Type: Court File No. City of Eagan, Plaintiff, v. COMPLAINT Werner Lembke, individually, and d/b/a Lembke Trucking Company, Inc. , Defendants. Plaintiff, as and for its claims for relief against Defendants, states and alleges as follows: I. Plaintiff City of Eagan is a municipal corporation located in the County of Dakota, State of Minnesota. II. On information and belief, Werner Lembke is the owner of Lembke Trucking Company, Inc. which business address is 545 Wescott Road, Eagan, Minnesota. Werner Lembke and Nancy Lembke are the owners of the property located at 545 Wescott Road, Eagan, Minnesota, legally described as: Lot 1, Block 1, Lembke 1st Addition. ' r Page 2/COMPLAINT - Eagan/Lembke III. In 1985, the City of Eagan denied renewal of Defendants' Condition Use Permit for Defendants' noncompliance with the. conditions of a Conditional Use Permit and a 1983 Development Agreement between Defendants and the City of Eagan. Defendants brought an action against the City in response to the denial of the Conditional Use Permit. IV. On September 24 , 1986, judgment was entered in the case Werner Lembke, individually, and doing business as Lembke Trucking Company, Inc. v. City of Eagan, Dakota County District Court File No. 101099 which approved and confirmed a settlement between those two parties ("Judgment") (see Exhibit 1 attached heeto and made a part hereof) . The Exhibit "A" of the September 24, 1986 Judgment described the conditions Defendants were to meet in exchange for the Eagan City Council reissuing a Conditional Use Permit to Defendants. V. During May, 1991, Eagan Planning Department personnel discovered Defendants were in violation of Judgment conditions nos. 2, 3, 5, 6, 7 and 9 as set out in Exhibit "A". VI. That on June 7, 1991, attorneys for the City of Eagan mailed to Defendant Werner Lembke the fourteen-day written notice to correct violations as required by the Judgment. Page 3/COMPLAINT - Eagan/Lembke VII. That as of July 22 , 1991, Defendants have still not complied with the conditions of the Judgment. VIII. Defendants' property was zoned agric lture in 1978 but has been zoned light industrial (I-1) since Within an I-i zone, a Conditional Use Permit is required for outside storage and truck or freight terminals. IX. That Defendants have not applied for a renewal of the Conditional Use Permit. X. That unless the Defendants are restrained from continued violation of the Court Order, the Plaintiff and surrounding property owners will suffer permanent and irreparable harm. WHEREFORE, PLAINTIFF DEMANDS RELIEF AS FOLLOWS: 1. For a temporary injunction ordering Defendants to cease-and-desist operations until all outside storage and all unoperable trucks or trailers have been removed from the site and the remaining trucks or trailers are parked in an orderly way in a specified parking area. 2 . For an Order declaring the 1986 Judgment null and void and a permanent injunction restraining Defendants' from conducting their operations without application for a Conditional Use Permit from the City as set forth in Minnesota Statutes and the Eagan City Code. Page 4/COMPLAINT - Eagan/Lembke 3 . Payment to the City of Eagan in the sum of a $100. 00 per day fine for each day beginning June 25, 1991, 17 days after Defendants were given written notice of the violation through July 22, 1991 pursuant to Paragraph 3 of the Judgment. 4 . For attorneys' fees incurred by the City of Eagan in this matter to the maximum amount of $2, 000.00 pursuant to Paragraph 3 of the Judgment. 5. For such other relief as the Court deems equitable and just. Dated: SEVERSON, WILCOX & SHELDON, P.A. By: Annette M. Margarit, #184445 Attorneys for Plaintiff 600 Midway National Bank Building 7300 West 147th Street Apple Valley, Minnesota 55124 (612) 432-3136 b. STATE OF MINNESOTA DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT ********************************** Werner Lembke, individually and AFFIDAVIT IN d/b/a Lembke Trucking Company, OPPOSITION TO Inc . , DEFENDANT 'S MOTION FOR A TEMPORARY Plaintiff, INJUNCTION vs . City of Eagan, Defendant . ********************************** STATE OF MINNESOTA ) ss . COUNTY OF RAMSEY ) Werner Lembke , being first duly sworn, deposes and says : I That he is the plaintiff above-named and makes this affidavit in opposition to defendant 's motion for a temporary injunction enjoining him from continuing to operate a truck- ing terminal at 545 Wescott Road, Eagan, Minnesota . II That he entered into a development agreement with the City of Eagan which was drafted by the attorney for the City of Eagan for development of his trucking terminal at 545 Wescott Road, Eagan, Minnesota, dated April 19, 1983, STATE OF MI! COUNTY OF DA1C07, Cernii©d tc ip true a::d correct cc;y of tP=o'''ff �n fite and ct rgcc7d in ^+ o*ke th,e a 3- �ot , ROGER W. S�: Court Administrator BY •UTY the property, mowed the grass , and has at such times and at all times kept stored tractors and trailers in an orderly manner, as requested by the letter of April 4 , 1985 , and that affiant has continued to maintain said property in a neat and orderly fashion. VII That shortly after the Eagan City Council meeting of July 16, 1985 , affiant learned via a newspaper article that his conditional use permit was cancelled at that meeting . VIII That he appeared before the Eagan City Council at a public hearing set on the cancellation of his conditional use permit on August 20, 1985 , and stated his willingness to do whatever was required to comply with his permit; showed the Council a bid he had just obtained to asphalt an area which the city planner had just designated a few days before , and to place crushed limestone over the gravel he had previously placed on all driveways and storage areas , and asked for time until the next council meeting to complete said work . The Council denied this request . At this meeting, bale Runkle, Eagan City Planner, stated that the landscape work had been completed according to the approved plan. Certain members of the Council stated that the work did not appear to be adequate . Mr. Runkle again reassured the Council that the work was done according to the approved plan. -3- ■ that upon completion of the work, the permit would be renewed. Affiant received no reply to this letter, a copy of which is attached hereto , marked Exhibit A and incorporated herein by reference . XII Having received no reply to his offer to complete the work, affiant did thereafter during the first week of November do the asphalt and crushed limestone work required by the permit . XIII That affiant is in full compliance with the terms and conditions set forth in the development contract and the conditional use permit at the present time , and is willing to enter into a stipulation for an expedited trial , which has been delayed only because Mr . Eide, by his letter of October 14 , 1985 , to affiant ' s attorney, suggested "that counsel get together beforehand and decide whether this matter will be tried before the court or to a jury. I would like to discuss this matter with Mr . Wendel before stating an opinion ." A copy of said letter is attached hereto, marked Exhibit B, and incorporated herein by reference . AND FURTHER AFFIANT SAYETH NOT. 4 Z,/, ,,,, ? rner Lembk Subscribed and sworn to before me this day of November, 1985 . '`'�' ` '`'``•`'' 4 NOTARY PUBLIC.•:MIrISOTA Z 4/r/(a 1MAS Evor N COUNTY � ' � My Comm.E�e,�SW.2.14 otary Public -5- MOOSBRUGGER & MURRAY ATTORNEYS AT LAW 734 MINNESOTA BUILDING FOURTH AT CEDAR ST. PAUL, MINNESOTA 55101 GORDON C.MOOSBRUGGER 16121 224-3679 FRANK J. MURRAY • 16121 222.5549 PHILIP I. MOOSBRUGGER 16121 224.3679 October 4 , 1985 Mr . Kevin W. Eide IHAUGE, SMITH EIDE, P.A. Attorneys at Law Cedarvale Professional Buildings 3908 Sibley Memorial Highway Eagan, Minnesota 55122 Re: Lembke Trucking Co. vs . City of Eagan Dear Mr. Eide : Your letter dated September 26, 1985 was received by me on Monday, September 30, 1985 . I recall our conversation the week of September 23, 1985 to the effect that we would agree to stipulate that neither of us would move for a temporary restraining order and the City would not interfer with Mr. Lembke ' s operation assuming that we would join in a motion for an earlytrial date . In the meantime , my client stands ready, willing and able to do the asphalt work and place the crushed lime rock as pro- vided in the conditional use permit, and to abide with all of the conditions set out in that permit in all respects . Before incurring the expense of laying the asphalt and the crushed lime rock, we only ask for assurance that upon completion of that work, that the permit will be renewed. Upon receiving such assurance from you, the work will commence as fast as the contractors can get out there. Yours very truly, • Gordon C. Moosbrugger GCM: klr cc: Werner Lembke Exhibit "A" HADQE, EIDE ISi KELLER, P. A. ATTORNEYS AT LAW CEDARVALE PROFESSIONAL BUILDINGS 110! SISLEY MEMORIAL HIGHWAY Paul H. Hauge EAGAN, MINNESOTA 55121 Kevin W. Eide October 14, 1985 A.S.COOL 112 David G. Keller 1111.IPHOMI414.4224 Lori M. Bellin • t�. 0. M. Mr. Gordon C. Moosbrugger 734 Minnesota Building OCT 1 8 1985 St. Paul, Minnesota 55101 RE: Lembke Trucking Company vs. City of Eagan Dear Mr. Moosbrugger: I enclose herein a Stipulation and proposed Order setting an expedited trial date of November 13, 1985 in this matter. I have been advised by the court that Wednesday, November 13, would not normally a date when the court would not have juries, available and they have asked that counsel get together beforehand and decide whether this matter will be tried before the court or to a jury. I would like to discuss this matter with Mr. Wendel before stating an opinion. By this letter, I am also confirming the deposition of Werner Lembke scheduled for your office at 2:00 on Wednesday, October 30. I assume that at that time your client will have with him all evidence and written materials relating to this matter including any written documents or contracts upon which he bases his claim of damages. In the event that the Stipulation and proposed order appear to be acceptable to you, please execute the Stipulation and either locate a judge to execute the proposed order or return both the signed Stiuplation and the proposed order to me. As my practice involves constant appearances before the Dakota County Court, it would be fairly convenient for me to present this matter to one of the judges. Very truly,yours, • vin W. Eide Attorney at Law KWE:cjb Enclosures cc: Mr. David Wendel Exhibit "B" I . .oar— Iter S.Booth Mate ofiircnegot , ; Corn RAMSEY si• of • Kzi5.t is .L.....Ri e.b. ,being first duly sworn, deposes and say. that on....N.o.exnb e.x...1.4 19.B.5 , Ahe served the attached affidavit upon )CPY'ii} W,...E.i0 attorney for .DeleadaAt by placing a true and correct copy thereof in an envelope addressed as follows: Mr. Kevin W. Eide HAUGE, EIDE $ KELLER, P .A. Attorneys at Law 3908 Sibley Memorial Highway, Eagan, Minnesota 55122 (which is the last known address of said attorney) and depositing the same, with postage prepaid, in the United State mails at St , Paul ,Minne_so�tt . Z Afi :AMMM.P.MMAMMAA4AAAA1 VAAA IMAa Subscribed and sworn to before me this 1.Sxb. C On^Du,!C.MOOSerIt'�CF1 2 �y f 9 NOTARY PUBLIC- "i!"picSOPA l�o'V ep ' WASHINGTON COUNTY • My Comte.Eepires Sept.2,19' otary Public Coun ' nnesota .