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06/05/1990 - City Council RegularAGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING JUNE 5, 1990 6:30 P.M. I. 6:30 - ROLL CALL Ex PLEDGE OF ALLEGIANCE (BLUE) II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) A. PUBLIC WORKS DEPARTMENT 1. Consideration of Coachman Road Turn Lane Construction at Yankee Doodle Road P' IV. 6:55 - CONSENT AGENDA (PINK) �'3 A. PERSONNEL ITEMS • B. LICENSES, Plumbers P' C. PERMIT, Service Station & LICENSES, Cigarettes/Fina Company, 4250 Lexington Avenue ` South and 1286 Lone Oak Road (0D. AGREEMENT, Cost Participation for County Traffic Signal (Coachman Road at Yankee Doodle Road) D. to E. AGREEMENT, Cost Participation for Computer Equipment from MnDOT State Aid F. CONTRACT 85-21, Acknowledge Completion and Final Payment (Maintenance Facility Expansion) G. CONTRACT 90-04, Receive Bids/Award Contract (Rahn Road Construction) H. CONTRACT 88-33, Acknowledge Completion/Authorize Final Payment (Well #13 and Lexington Avenue Booster Station - Pumping Facilities) I. CONTRACT 87-W, Acknowledge Completion/Authorize Final Payment (Lexington Pointe - r Streets & Utilities) J. CONTRACT 85 -FF, Acknowledge Completion/Authorize Final Payment (Safari Estates 3rd Addition - Streets & Utilities) K. PROJECT 525, Settlement Agreement (Parcel 10-83700-030-04, Woodlands Trunk Storm Sewer Assessment Appeal) L. PROJECT 491, Settlement Agreement (Parcel 10-02400-010-78, Eagan Hills Farm Trunk Utilities) —"OM PROJECT 466, Receive Final Assessment Roll/Order Public Hearing (Pilot Knob Road - / Streets and Utilities) P� N. CONTRACT 89-03, Consider Plans/Authorize Advertisement for Bids (Maintenance Facility Expansion V. 7:00 - PUBLIC HEARINGS (SAIXON) A. PROJECT 589, Elrene & Kost Road - Streets & Utilities VI. OLD BUSINESS (ORCHID) .i� A. ADEQUACY DECISION, Environmental Impact Statement (EIS) and COMPREHENSIVE GUIDE PLAN AMENDMENT, West Publishing -Eagan Corporate Center 4 B. APPOINTMENTS, Citizens Task Force to Study Ice Arena Alternatives C. AMENDMENT to City Code, Chapter 5, Beer, Wine and Liquor Licensing and Regulation & D. CONSIDERATION of Revised Fee Schedule D. COMPREHENSIVE GUIDE PLAN AMENDMENT, Sherwood Downs Addition/Argus Development Inc, Changing the Land Use Designation of Approximately 29 Acres from D -II (Mixed Residential) to D -I (Single Family), a REZONING of 29.08 PD R-3 (Planned Development - Townhouse Residential) and A (Agricultural) Acres to R-1 (Single Family Residential), and a PRELIMINARY PLAT for 62 Single Family -Lots Located in the NW Corner of the Intersection of Pilot Knob Road and Deerwood Drive in the NE 1/4 of Sec 21 VII. NEW BUSINESS (TAN) (OOA.ADOPTION of 1.989 Financial Report (0 B.CODIFICATION, 1990 Ordinances too C. CONSIDER Petition to Remove Stop Sign - Johnny Cake Ridge Road at Hickory Hill Lane �' ��•� D. VARIANCE, Phillips 66 Company, A 7' Variance to the Required 20' Parking Setback Along a, Duckwood Drive, Located on Lot 1, Block 1, George W. Giles Addition E. CONDITIONAL USE PERMIT, Naegele Outdoor Advertising, to Allow a Billboard Advertising , Sign Located on Lot 14, Block 1, Eagandale Center Industrial Park #1, Along the South Side of I-494 in the NW1/4 of Sec 3 F. CONDITIONAL USE PERMIT, Brown Minneapolis Tank & Fabricating Company, to Allow a Temporary Office Structure on Lot 4, Robert O'Neill Homestead, Along Highway 55 in the South Half of Section 2 G. WAIVER OF PLAT, Jane & Sam Rockwood, to Divide Lot 2, Block 1, of Rockwoods Wood Addition, into Two Lots Located on Lakewood Hills Road, North of Cliff Road in the �SEI/4 of Section 26 H. COMPREHENSIVE GUIDE PLAN AMENDMENT, The Woodlands North/Robert Engstrom Companies, a REZONING and PLANNED DEVELOPMENT AMENDMENT from A (Agricultural) and PD R-4 (Planned Development Multifamily Residential) to PD (Planned Development) and a PRELIMINARY PLAT Consisting of Approximately 57 Acres Located West of Elrene road and South of Yankee Doodle Road in the West Half of Section 13 and the NEI/4 of Sec 14 LANDSCAPE ORDINANCE AMENDMENT, City of Eagan, Amending Eagan City Code, Chapter 13 Entitled "Subdivision Regulation (Platting)," by amending Section 13.30 Regarding Data and Design Standards and Landscaping Standards and by Adopting by Reference, Eagan City Code, Chapter 1, and Section 13.99 VIII. ADDITIONAL ITEMS (GOLD) IX. ADMINISTRATIVE AGENDA (GREEN) X. VISITORS TO BE HEARD (for those persons not on agenda) XI. ADJOURNMENT FROM: CITY ADMINISTRATOR HEDGES DATE: JUNE 1, 1990 SUBJECT: AGENDA INFORMATION FOR JUNE 5, 1990 CITY COUNCIL MEETING After approval is given to the June 5, 1990 City Council agenda and regular meeting minutes for May 17, 1990, the following items are in order for consideration: PR. .3':TSISS A. PUBLIC WORKS DEPARTMENT Item 1. Consideration of Coachman Road Turn Lane Construction at Yankee Doodle Road --With the County's willingness to accelerate the installation of the signal at the intersection of Coachman Road with Yankee Doodle Road, it would be appropriate for the City to consider the construction of a right turn lane for the south leg of this intersection to facilitate right turn on red movements. Presently, Coachman Road north of Yankee Doodle Road (north leg) is 44' wide which is adequate to allow the designation of a right turn lane. However, Coachman Road south of Yankee Doodle (south leg) is only 32' wide which does not provide adequate width for a separate right turn lane. With the proposed signalization of this intersection, Yankee Doodle Road will be given the priority for traffic movement thereby delaying traffic from entering this intersection from north and south Coachman Road. However, with the construction of a right turn lane as proposed on page _C�L, the majority of the right turn movement could be accommodated with a right turn on red if the south leg were widened to accommodate this right turn lane. A preliminary estimate of this additional work is $9,000 which would be the responsibility of the Major Street Fund as it would be directly related to the installation of the traffic signal. However, Dakota County would like to have a commitment from the City that this right turn lane would be constructed before August 1st to insure that the traffic signal installation is properly designed to accommodate this right turn movement. Therefore, staff is requesting Council authorization to proceed with this intersection modification under the responsibility of the Major Street Fund in a time frame compatible with the proposed traffic signal installation. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the construction of a northbound right turn lane on Coachman Road at Yankee Doodle Road as a part of the County traffic signal improvement. YANKEE 010- 2 N M -� p' so' DOODLE1 1 4 ; ROAD G� G� I� I I i I I I I I I I 3� I i I I I I I I I I I I I I I I I I I O� Agenda Information Memo June 5, 1990 >:< There are thirteen items 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. Resignation/Planner I --Marlene Zaleznick, Planner I, has submitted a letter of resignation to the City of Eagan. The resignation was effective May 21, 1990. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the resignation of Marlene Zaleznick/Planner I. Item 2. Seasonal Park Maintenance Workers --After interviews, it is the recommendation of Superintendent of Parks VonDeLinde that the following people be approved for hire as seasonal park maintenance workers: Jeffrey Goodrich, Paul Kivi, Patrick Robertson and Teresa Treichel. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Paul Kivi, Patrick Robertson and Teresa Treichel as summer seasonal park maintenance workers. Item 3. Seasonal Park Maintenance Workers --It has been necessary for City Administrator Hedges to approve the hiring of two seasonal park maintenance employees since the last City Council meeting. The approvals were necessary because current seasonal park maintenance employees either decided not to accept the position or resigned after beginning to work. The two new seasonal employees are Michael Polski and Joseph Wilcox. There is no action jrequired on the Council's part for this item. Item 4. Seasonal Street Maintenance Workers --It is the recommendation of Superintendent of Streets/Equipment Erhart that Ben Anderson and John Carlson be hired as seasonal street maintenance workers. Item S. Seasonal Recreation Worker --It is the recommendation of Recreation Supervisor Nowariak that Tracy Hosier be hired as a summer seasonal recreation staff member. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Tracy Hosier as a summer seasonal recreation program worker. n Agenda Information Memo June 5, 1990 Personnel Items Continued -- Item 6. Police Ofriicer--In official action at the April 3, 1990 City Council meeting, the Council was informed that the Police Department would be recommending the promotion of a current community service officer to a police officer position as soon as the resignation of Inspector Dale Brule became effective. The Police Department is recommending that the senior community service officer, Dale Abram be appointed a police officer for the City of Eagan effective June 6, 1990. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the appointment of Dale Abram as a police officer for the City of Eagan. Item 7. Park and Recreation Undergraduate Internship --For the Council's information, Walter Landgrebe, an undergraduate student in leisure studies at the University of Minnesota will be serving his required student internship with the City of Eagan. Mr. Landgrebe will begin his internship with the City on June 11 and will be with the Parks and Recreation Department for approximately 11 weeks. There is no action required by the Council on this item. Item 8. TSP Review/Hourly Employees --The City of Eagan's position evaluation plan requires that Time Spent Profiles (TSP) for positions be reviewed annually if so requested by either an employee or supervisor. For the 1990 review, 14 TSPS were checked out for review by either employees or supervisors. No revisions were requested for five of those TSPs. Of the remainder of the TSPS, the review/revision process indicated that point totals for four of the positions remained the same; the point total for the Senior Fire Department Clerical Technician point position went from 58 points to 60 points; the point total for the Payroll/Accounts Payable Clerk position went from 56 to 58 points; the point total for the Engineering Clerical Technician position went from 53 to 52 points; and the point total for the Central Services Maintenance Secretary position went from 56 to 61 points. The result of this review is that one position requires a compensation adjustment per the clerical collective bargaining agreement. That is the Central Services Maintenance Secretary position which will change classifications from Clerical Worker 4 to Clerical Worker 5. The compensation adjustment, per City policy, will be retroactive to January 1, 1990. The TSP for the Forester position is still under review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the above changes in point totals as indicated by revisions to Time Spent Profiles for hourly positions as indicated above. Also, to approve a compensation level change from Clerical Worker 4 to Clerical Worker 5 for the Central Services Maintenance Secretary position as required by the collective bargaining agreement for that group, retroactive to January 1, 1990. Agenda Information Memo June 5, 1990 Item 9. Flex Spending Plan Resolution --During various workshop sessions and while discussing collective bargaining terms during the past six months, the City Council has discussed the implementation of a flex spending plan for employees at the City of Eagan. The concept of implementing such a plan has already been approved by the City Council. It is now time to officially approve a resolution adopting such a flex spending plan for employees at the City. Director of Finance VanOverbeke and Assistant to the City Administrator Duffy have received proposals from and interviewed several companies which provide plans and/or administrative services for such plans to government agencies. It is their recommendation that the City contract with DCA, Inc., to provide such a service for the City. The DCA plan is most cost effective and also works with the City's computer system, LOGIS. DCA also administers flex spending plans for many other government entities including the cities of Apple Valley, Brooklyn Park, Hopkins, Moundsview and St. Paul. References have been checked. The flex spending plan for the present will be offered to all employees with the exception of members of the police collective bargaining unit. This plan is currently a part of bargaining with that unit and that unit has indicated to Administration that, for the present, they are not interested in such a plan for consideration for calendar year 1990. If agreement is reached to include that unit in the plan, they may be added to the plan at any time. The first implementation for the plan will cover the period August 1 through December 31, 1990. Thereafter, it will be offered on a calendar year basis. Enclosed on page --L is a copy of a resolution which legally needs to be approved to begin the implementation process. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a resolution adopting a medical and day care expense reimbursement plan and administrative services agreement with DCA, Inc. (flex spending plan) to be offered to all employees at the City of Eagan with the exception of members of the police bargaining unit. S CITY OF EAGAN RESOLUTION ADOPTING A MEDICAL AND DAY CARE EXPENSE REIMBURSEMENT PIAN AND ADMINISTRATIVE SERVICES AGREEMENT WITH DCA, INC. WHEREAS, it has been proposed to the Eagan City Council that the City provide a Flexible Benefits Program to the City's employees thus providing the City and employees with certain tax advantages; and WHEREAS, it has been further recommended that the Flexible Benefits Program be administered through DCA, Inc.; and WHEREAS, DCA, Inc., has provided the City with an estimate of expenses for establishment and annual administration of the program; and WHEREAS, the City Council has determined that it is their desire to approve the recommendation establishing a Flexible Benefits Program and entering into an Administrative Agreement with DCA, Inc. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan that the City of Eagan Medical and Day Care Expense Reimbursement Plan be adopted effective August 1, 1990; BE IT FURTHER RESOLVED that the City Clerk the City of Eagan is hereby authorized to make such contributions from the funds of the City as are necessary to carry out the provisions of said plan at any time; and BE IT FINALLY RESOLVED that the City Administrator is authorized to enter into a Flexible Spending Account Administrative Services Agreement between the City of Eagan and DCA, Inc. for the administration of the aforementioned medical and day care expense reimbursement plan. Motion made by: Seconded by: Those in favor: Those against: Dated: CERTIFICATION CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 5th day of June, 1990. E.J. VanOverbeke, City Clerk City of Eagan Agenda Information Memo June S, 1990 PLUMBERS LICENSES B. Licenses/Plumbers--According to City qde regulations, plumbers licenses are renewed on an annual basis. Enclosed on page tj are those companies that are performing a plumbing service within the City of Eagan. All license applications have been reviewed and are in order for consideration. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plumbers licenses as presented. 1 PLUMBERS LICENSE JUNE 5, 1990 1. J.L. Bjorlin Plumbing Co. 2. Leo's Plumbing 3. M & W Water & Sewer Utility, INc. 4. Motz Plumbing & Heating 5. Peterson Plumbing & Heating 6. Village Plumbing, Inc. Agenda Information Memo June 5, 1990 FINA COMPANY SERVICE STATION PERMITS CIGARETTE LICENSES C. Permits, Service Station and Licenses, Cigarettes/Fina Company, 4250 Lexington Avenue South and 1286 Lone Oak Road --Fina Oil and Chemical Company has purchased the two People's Plus stations located in Eagan, one at 4250 Lexington Avenue South and the other 1286 Lone Oak Road. Fina has now made application for service station permits at those locations. Fina has also applied for a cigarette license for over the counter cigarette sales at these two locations. The applications are in order for consideration at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve service station permits and cigarette licenses for Fina Oil and Chemical Company for existing service stations at 4250 Lexington Avenue South and 1286 Lone Oak Road. 1 Agenda Information Memo June 5, 1990, City Council Meeting APPROVE COST PARTICIPATION AGMT FOR COUNTY TRAFFIC SIGNALS COACHMAN RD k YANKEE DOODLE RD D. Approve Cost Participation Agreement For County Traffic Signals (Coachman Road @ Yankee Doodle Road) --City staff has been informed that the Dakota County Highway Department will accelerate the scheduled installation of the traffic signal on Yankee Doodle Road (County Road 28) at Coachman Road with completion scheduled for October/November, 1990. They have forwarded a Cost Participation Agreement to the City for execution before this project can be formally initiated. The City's cost participation is 50% ($42,000) and is consistent with previous and current policies for signal installations on County roads. The City's portion will be financed through the Major Street Fund. This agreement has been reviewed by the Public Works Department and City Attorney's Office and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the Cost Participation Agreement for County Traffic Signal Agreement No. 90-06 (Coachman Road @ Yankee Doodle Road) and authorize the Mayor and City Clerk to execute all related documents. APPROVE COST PARTICIPATION AGMT FOR COMPUTER EQUIPMENT FROM MNDOT STATE AID E. Approve Cost Participation Agreement For Computer Equipment From MnDOT State Aid --The Minnesota Department of Transportation (MnDOT) is converting their State Aid System to a centralized computer network whereby all municipalities and counties will interface directly with State Aid for more efficient and accurate transfer of information regarding State financing of local public improvements. Subsequently, MnDOT has provided a 60% cost participation program for the City's acquisition of the related computer facilities to allow this interface to occur. This equipment has been budgeted and purchased through the MIS budget in the amount of $7,093.32. Through the authorization of this cost participation agreement, the City can receive a refund from the State of $4,255.99, leaving a net cost -to the City of $2,837.33. This cost participation agreement has been reviewed by the MIS Coordinator and the Director of Public Works and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the Cost Participation Agreement for computer equipment from MnDOT State Aid and authorize the Mayor and City Clerk to execute all related documents. Agenda Information Memo June 5, 1990 City Council Meeting CONTRACT 85-211ACKNOWLEDGE COMPLETION AND FINAL PAYMENT (MAINTENANCE FACILITY EXPANSION) F. Contract 85-21, Acknowledge Completion and Final Payment (Maintenance Facility Expansion) --The above -referenced Contract provided for the most recent expansion to the Maintenance Facility. As a result of that Contract with Knutson Construction Co., a number of corrective "punch list" items were identified during the spring of 1988 and forwarded to the contractor with a request that these items be resolved prior to processing final payment. The City held back $5,000 of the Contract amount to try and encourage this work to be completed. Due to the lack of responsiveness by the contractor, the City proceeded with completion of these punch list items as identified by the letter from the Street Maintenance Superintendent enclosed ones _� through l`� . Subsequently, the City received the letter enclosed on page from Knutson Construction Company acknowledging their release of any claims to the escrowed $5,000 due to the expenses incurred by the City to complete the Contract. Subsequently, it would be appropriate for the City Council to acknowledge completion and final out this contract. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge completion and authorize the reduction to the final contract amount by $5,000 for formal final close out of Contract 85-21 (Maintenance Facility Expansion). -city of ca 3830 PILOT KNOB ROAD EAGAN, MINNESOTA 55122-1897 PHONE: (612) 454-8100 FAX: (612) 454.8363 JANUARY 9, 1990 MR. JON RALL BOARMAN & ASSOCIATES 222 NORTH SECOND STREET MINNEAPOLIS, MN 55401 RE: EAGAN MAINTENANCE FACILITY - CONTRACT 85-21 Dear Jon: THOMASEGAN Maya DAVID K GUSTAFSON PAMELA WCkEA TIM PAWLENTY THEODORE WACHTER Counca Men&ers THON%A,S HEDGES Cay Aa n,nauara EUGENE VAN OVERSEKE Gly Cklk The City of Eagan has received a copy of the letter sent to you by Dave Becchetti of Knutson Construction Company, dated January 2, 1990. While we agree that the contract should be closed out, the City disagrees with the suggestion of paying K.C.C. the amount of $5,000 for a final change order #10. The remaining $5,000 was set up in an escrow account to ensure the complete satisfaction of the interior, exterior, architectural, mechanical, and electrical punch list items. On July 6, 1988, a letter was sent by you informing K.C.C. that because of their failure to complete the punch list items, the City would have to hire independent contractors to come in and finish the work and charge it against the escrowed amount of $5,000. The following is a list of punch list items that the city completed with independent contractors or city personnel and the associated costs: Electrical - Replace defective 3 -way switches in the locker room and plan/file room. . Hilite Electric $ 253.07 Check motor for exhaust fan in bathroom and install (1) 400 watt ballast kit in vehicle storage area Hilite Electric $ 322.63 i THE LONE OAK TREE ... THE SYMBOL OF S GTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer JON RALL JANUARY 9, 1990 PAGE 2. Electrical (continued) Replace damaged section of overhead garage door because of faulty sensor. Twin City Garage Door $ 483.00 Installation of sensors for the two overhead doors on the south end of the vehicle storage area to prevent damage to doors and ensure proper operation - McGann & Associates, Inc. $1,160.00 Interior - Repair the leak in the lunch room bay window by deglazing and installing flashing above windows - Hoffer's Inc. $1,080.00 Remove and replace interior finish that was damaged by the leaking lunch room bay window (24 hrs. x $17.00) City personnel $ 408.00 Sub -Total $3,706.70 Administrative Costs (40 hrs. x $30) $1,200.00 GRAND TOTAL $4,906.70 While all of the above items are hard costs paid by the city, several items on the punch list have not been resolved. The following are items that remain to be completed with estimated costs: I. Effervescence and stains on the exterior stucco. The subcontractor has been out several times and cleaned the stucco with chemicals but to no avail. Estimate for painting of stucco. $1,500.00 2. Make up air unit on the roof over the vehicle maintenance area leaks. This has been checked and caulked many times by the mechanical contractor but still leaks during a rain. Estimate $ 200.00 'J JON BALL PAGE 3. JANUARY 9, 190 3. Overhead garage door by wash bay. Sensors were installed on the two south doors of the vehicle storage area. The third door was recently damaged because of faulty design and installa- tion of the overhead door control. Replace damaged door Install sensors 4. Vinyl wallcoverings - complete the following areas: $3,000.00 $ 575.00 Conference Room pilaster Street Supervisor & Utilities Offices (Rooms 110 & 111) Lunch Room (fix bubbles in wallcovering) $ 300.00 TOTAL OF ITEMS TO BE COMPLETED $5,575.00 The city has been more than reasonable in granting time for K.C.C. to complete the punch list items. We have been given many promises of completion, but very litle work has been completed. In conclusion, it is time to close out, contract 85-21. K.C.C.'s request should be denied. The city has already incurred $4,906.70 in hard costs and an estimated $5,575.00 in future costs to correct the punch list items. Therefore, the $5,000.00 in escrow should be returned to the city as soon as possible. Your anticipated cooperation and response to this request will be greatly appreciated. Cordially, Arnie Erhart Superintendent of Streets/Equipment AE/nab Attachments cc: Thomas A. Colbert, Director of Public Works om IFL knutosonn cwro May 18, 1990 City of Eagan 3501 Coachman Road Eagan, Minnesota 55121 Attention: Mr. Tom Colbert Director of Public Works RE: EAGAN MAINTENANCE GARAGE FACILITY Dear Tom: - ►�� 1.7;Y2 5301 East River Road 13�� Suite 101 Minneapolis, MN 55421-1095 (612) 572-5757 n Fax (612) 572-0167 &,vr ear -,aI This letter shall serve as Knutson Construction Company's intention not to pursue further the remaining $5,000.00 retainage held from the contract amount. This withholding shall be considered an offset to insufficient subcontracted work listed in Arnie Erhart's letter dated January 9, 1990. Additionaly our request for a final change order shall be cancelled in view of your participation in certain corrections. We reluctantly agree to consider our work complete and paid in full in lieu of pursuing further the payments felt due us. Sincerely, KNUTSON CONS RUCTI CO PANY David A. Becchetti Project Manager !ab A LIICHAELICURRY COMPANY AN EOUAL OPPORTUNITY EMPLOYER Agenda Information Memo June 5, 1990, City Council Meeting RECEIVE BIDSIAWARD CONTRACT (RAHN RD RECONSTRUCTION) G. Receive Bids/Award Contract (Rahn Road Reconstruction) --At 10:30 a.m. on Friday, June 1, formal bids were received for the reconstruction of Rahn Road. Enclosed on page is a tabulation of the bids received with a comparison to the estimate contained in the feasibility report presented at the public hearing held on January 16, 1990. All bids will be reviewed for accuracy and compliance with the specifications and any deviations will be addressed at the Council meeting on June 5. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 90- 04 (Rahn Road Reconstruction) and award the contract to the lowest responsible bidder and authorize the Mayor and City Clerk to execute all related documents. l�Lq RAHN ROAD, MSAP 195-101-05 PROJECT 584 CONTRACT #90-04 1990 BID TIME: 10:30 A.M. BID DATE: JUNE 11 1990 CONTRACTORS TOTAL BASE BID 1. Alexander Construction $ 1,339,700.48 2. G.L. Cont. $ 1,348,705.60 3. Arcon Const. $ 1,388,312.55 4. McNamara Const. $ 1,405,509.90 5. Brown and Cris $ 1,455,495.45 LOW BID $ 1,339,700.48 Feasibility Estimate $ 1,045,590.00 Engineer's Estimate $ 1,425,672.00 % Over (+) Under {-) F.R. + 28% % Over (+) Under (-) E.E. - 06% 11 Agenda Information Memo June 5, 1990, City Council Meeting ACKNOWLEDGE COMPLETIONrAUTHORIZE FINAL PYMT WELL #13 & LEXINGTON AVE BOOSTER STATION - PUMPING FACILI'T'IES H. Contract 88-33, Acknowledge Completion/Authorize Final Payment (Well #13 & Lexington Avenue Booster Station - Pumping Facilities) --The City has received a request for final payment from the contractor for the above -referenced contract along with its certification from the consulting engineer of satisfactory compliance with all plans and specifications. All final inspections have been made by representatives of the Public Works Department and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: Acknowledge completion and authorize the 6th and final payment for Contract 88-33 (Well #13 & Lexington Avenue Booster Station - Pumping Facilities) in the amount of $8,060.85 to Philips Klein Companies, Inc., and accept the improvements for perpetual City maintenance subject to appropriate warranty provisions. ACKNOWLEDGE COMPLETION:' AUTHORIZE CITY MAINTENANCE (LEXINGTON POINTE - STS & UTILITIES) I. Contract 87-W, Acknowledge Completion/Authorize City Maintenance (Lexington Pointe - Streets & Utilities) --The installation of public streets and utilities to service the Lexington Pointe Addition were designed and installed privately by the developer under the terms and conditions of the development agreement for that subdivision. These public improvements have now been completed, inspected by City staff and found to be in compliance with the plans and specifications. The developer is requesting formal Council acknowledgement of their completion and the City's assumption of perpetual maintenance subject to the warranty provisions of the development agreement. The staff has reviewed this information, concurs with this request and recommends favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge completion of Contract 87-W (Lexington Pointe - Streets & Utilities) and authorize the assumption of perpetual maintenance by the City subject to appropriate warranty provisions. Agenda Information Memo June 5, 1990 City Council Meeting CONTRACT 85-FF/ACKNOWLEDGE COMPLETION AU'T'HORIZE CITY MAINTENANCE SAFARI ESTATES 3RD J. Contract 85 -FF, Acknowledge Completion/Authorize Final Payment (Safari Estates 3rd Addition - Streets & Utilities) --The installation of public streets and utilities to service the above -referenced development were designed and installed privately by the developer under the terms and condition of the Development Agreement for that subdivision. These public improvements have now been completed, inspected by City staff and found to be in compliance with the development plans and specifications. The developer is requesting formal Council acknowledgement of their completion and the City's assumption of perpetual maintenance responsibility subject to the warranty provisions of the Development Agreement. The staff has reviewed this information, concurs with this request and recommends favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge completion of Contract 85 -FF (Safari Estates 3rd Addition -Streets and Utilities) and authorize the assumption of perpetual maintenance by the City subject to appropriate warranty provisions. PROJECT 525/APPROVE SETTLEMENT AGREEMENT (PARCEL 10-83700-030-04M-OODLANDS K. Project 525, Approve Settlement Agreement (Parcel 10-83700-030-04, Woodlands Trunk Storm Sewer Assessment Appeal) --As a result of the adoption of the final assessment roll for Project 525 (Woodlands Trunk Storm Sewer), Parcel 10-83700-030-04 pursued their formal objection with an appeal through District Court. As a result of pursuing this litigation, a proposed reduction of $1,000 from the certified assessment of $17,570.47 was negotiated subject to Council's concurrence. The City Attorney's office and the Public Works Director have reviewed the issues associated with this assessment appeal and mutually agree that the negotiated adjustment to the final adopted assessments would be appropriate. Therefore, it is recommended that the City Council approve this reduction to the previously certified special assessments for Project 525. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the settlement agreement for Parcel 10-83700-030-04 regarding the special assessment appeal for Project 525 (Woodlands Trunk Storm Sewer). �C� Agenda Information Memo June 5, 1990 City Council Meeting PROJECT 49 APPROVE SPECIAL ASSESSMENT AGREEMENT PARCEL 10-02400-010-78fEAGAN HILLS FARM L. Project 491, Approve Special Assessment Agreement (Parcel 10-02400-010-78, Eagan Hills Farm Trunk Utilities) --At the final assessment hearing for the above -referenced project on May 1st, the property owner of the above -referenced parcel requested and received special consideration for postponing a portion of their assessment under Special Assessment Policy 86-3 for the trunk area water main and lateral benefit from trunk water main assessments associated with this project. However, this reduction was subject to the property owner executing the appropriate agreement associated with this formal policy which allows the unassessed portion to be postponed to a later date. The property owner has properly executed all necessary agreements which are now being presented to the City Council for formal approval. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the special assessment agreement for Parcel 10-02400-010-78 regarding Project 491 (Eagan Hills Farm Trunk Utilities) and authorize the Mayor and City Clerk to execute all related documents. PROJECT 466:1RECEIVE FINAL ASSESSMENT ROLL ORDER PUBLIC HEARING (PILOT KNOB ROAD) M. Project 466, Receive Final Assessment Roll/Order Public Hearing (Pilot Knob Road - Streets and Utilities) --The upgrading of Pilot Knob Road has been completed, all costs tabulated and the final assessment roll prepared. This roll is now being presented to the City Council for consideration of scheduling a public hearing to receive formal comments regarding the proposed final assessments associated with this project. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for Project 466 (Pilot Knob Road -Streets and Utilities) and order the final assessment public hearing to be held on July 10, 1990. Agenda Information Memo June 5, 1990 City Council Meeting CONTRACT 89-03/APPROVE PLANS/AUTHORIZE AD FOR BIDS MAINTENANCE FACILITY EXPANSION N. Contract 89-03, Approve Plans/Authorize Ad for Bids (Maintenance Facility Expansion) --The detailed plans and specifications for the expansion and remodeling of the Maintenance Facility have now been completed and are being presented to the City Council for consideration of authorizing the advertisement for formal bid solicitation. The Public Works Director and consulting architect will be available to answer any questions associate with this proposed improvement as may be necessary. Enclosed on Pages � 2i and are a copy of the building elevations and floor plan showing the proposed improvement. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans for Contract 89- 03 (Maintenance Facility Expansion) and authorize the advertisement for a bid opening to be held at 2:00 p.m. on June 29, 1990. �l 13 2'd z 0 z X :4 M E -W W L) z z *-NI m6e TE:60 06, 02 435 z 0 bmmgH w z 0 00-4 En z 'e. w z c� w 21'd •>NI Mae 2-E:60 06. 02 d3S z 0 F W" � U W W W U z z 0 z z c� w 21'd •>NI Mae 2-E:60 06. 02 d3S z 0 F w t■z7 E� W w r z 0 0-4H W W E -f W� z 0 r�� V z T W .W w U z d z W z ET *d �' *DWI M8E LE:60 06, 02 d3S Agenda Information Memo June 5, 1990 PROJECT 5891ELRENE & KOST ROAD STREETS & UTILITIES A. Project 589, Elrene Road and Kost Road, (Streets and Utilities) --Continued to July 10, 1990. Due to the recent preliminary plat applications submitted by Robert Engstrom for the Woodlands Third Addition, it is recommended that some modifications and alternatives be included in the feasibility report previously submitted to the Council on May 1st for the public hearing scheduled for June 5th. In order to adequately address all issues associated with these alternatives, it is recommended that the public hearing be continued until July 10th to allow the feasibility report to be properly revised. New public notices will be published in the legal newspaper regarding this continued public hearing date. ACTION' TO BE CONSIDERED ON THIS ITEM: To continue the public hearing for Project 589 (Etre e Road and Kost Road -Streets & Utilities) to July 10, 1990. Agenda Information Memo June 5, 1990 City Council Meeting �1 I � .... EISICOMP GUIDE PLAN AMENDMENT FOR WEST PUBLISHING A. Adequacy Decision, EIS and Comprehensive Guide Plan Amendment for West Publishing -Eagan Corporate Center --West Publishing Company has applied for an amendment to the Comprehensive Guide Plan for its West Publishing -Eagan Corporate Center development and that amendment changes the land use designation of 112.56 acres of land from D -I Single -Family Residential, D -II Mixed Residential and D -III Mixed Residential to Industrial. The Advisory Planning Commission has approved this amendment to the Comprehensive Guide Plan on December 21, 1989. At the January 4, 1990 City Council meeting, the amendment was approved conditional upon 1) completion of Metropolitan Council review and comments; and 2) completion of the mandatory environmental review process and determination of adequacy pursuant to Minnesota Rules Part 4410.2800 to 4410.6500. The Metropolitan Council reviewed and approved the request and amendment to the Comprehensive Guide Plan on May 10, 1990 which allows the City Council to determine the final EIS for the West Publishing -Eagan Corporate Center to be adequate at the June 5 meeting. The first action is a determination of adequacy in the environmental review process. The West Publishing -Eagan Corporate Center will consist of up to 2,460,000 gross square feet of new office, manufacturing and warehouse facilities. This project will be developed on approximately 262 acres of land owned by West Publishing Company and located along the west side of Highway 149, between Yankee Doodle Road and Wescott Road. Based on the record established during the environmental review process and comments received, the final EIS for West Publishing -Eagan Corporate Center meets the conditions, as specified in Minnesota Rules Part 4410.2800, Subdivision 4, to be determined adequate. Enclosed for our review is a copy of the adequacy decision report and resolution found on pages through tlo - Action #2 pertains specifically to approval and final adoption of the Comprehensive Guide Plan amendment for West Publishing -Eagan Corporate Center. The City Council conditionally approved the plan amendment for the project on January 4, 1990, contingent on review and comment by the Metropolitan Council and completion of the environmental review process. The Metropolitan Council approved this plan amendment at its meeting on May 10, 1990 and the environmental review process will be completed with the determination of adequacy for the final EIS at the June 5 meeting. After the adequacy decision is made, the City Council may give approval to the Comprehensive Guide Plan ' l amendment as presented. Enclosed on pages through _LL3 is a copy of a resolution amending the Eagan Comprehensive Guide Plan amendment as presented. ACTION TO BE CONSIDERED ON THIS ITEM: Action #1 To approve or deny the adequacy decision for the West Publishing -Eagan Corporate Center environmental impact statement. Action #2 To approve or deny the final adoption of the Comprehensive Guide Plan amendment for West Publishing -Eagan Corporate Center. a� WEST PUBLISHING - EAGAN CORPORATE CENTER ADEQUACY DECISION PROJECT DESCRIPTION The West Publishing -Eagan Corporate Center (the "project") will consist of up to 2,460,000 gross square feet of new office, manufacturing, and warehouse facilities to be built on approximately 262 acres of land under the ownership of West Publishing Company. The project will be located in the City of Eagan, bounded by Yankee Doodle Road to the north, TH 149 to the east, Wescott Road to the south, and Elrene Road to the west. Construction of the project is expected to commence late in 1990 and will continue in phases as the facilities are needed. The anticipated completion date is 2010. CONDITIONS FOR DETERMINATION OF ADEQUACY ■ ADDRESSES ISSUES RAISED IN SCOPING During the scoping period for the West Publishing -Eagan Corporate Center, the issues identified for further analysis included vegetation and wildlife habitat, wetlands, surface and stormwater management, sanitary wastewater, industrial wastewater, groundwater appropriation, air quality, noise, hazardous waste, traffic, and economic (including construction costs), employment and sociological impacts. Identification of these issues was based on the analysis contained in the Scoping Environmental Assessment Worksheet (Scoping EAW) and on written comments received. Three alternatives were identified for analysis, including the proposed project, the "no -build" alternative, and an alternative consistent with the formerly approved Gopher -Eagan Industrial/Residential Park PUD plan. The Draft Environmental Impact Statement (EIS) provides, in Section 3.0, analyses of the all of the above scoped issues for each of the three alternatives. Mitigation measures to alleviate potential impacts identified in the analyses are described in Section 4.0 of the Draft EIS. Pursuant to MN Rules 4410.2700, Subp. 2, the Final EIS supplements the Draft EIS, and contains minor changes, comments received on the Draft EIS and 1 a d responses to these comments. ■ PROVIDES RESPONSES TO COMMENTS RECEIVED DURING THE DRAFT EIS REVIEW CONCERNING ISSUES RAISED IN SCOPING Section 7.0 of the Final EIS is devoted to the responses to the comments received during the Draft EIS review. No oral comments were received at the Draft EIS public informational meeting held on April 9, 1990. Written comments were received from the Metropolitan Council and the Minnesota Pollution Control Agency (MPCA) during the Draft EIS comment period. Written comments were received from the Minnesota Department of Transportation (MnDOT) and the Minnesota Department of Natural Resources (DNR) after the close of the comment period. All comments, including those received after the close of the Draft EIS comment period, were responded to in the Final EIS. The commentors raised questions concerning air quality, transportation, wetlands and employment. ■ PREPARED IN COMPLIANCE WITH THE PROCEDURES OF THE ACT AND MN RULES PART 4410.0200 TO 4410.6500 On December 18, 1989, the City of Eagan distributed the West Publishing/Eagan Corporate Center Scoping Environmental Assessment Worksheet (Scoping EAW) and the draft Scoping Decision document to all parties on the Minnesota Environmental Review Program Distribution List (June 1989), pursuant to MN Rules Part 4410.2100. A press release containing information regarding the availability of the Scoping EAW and draft Scoping Decision document for public review was issued to the "Dakota County Tribune" on that date. The Scoping EAW stated that the scale of the proposed project required the preparation of an Environmental Impact Statement (EIS) under MN Rules Part 4410.2000, Subp. 2; 4410.2100, Subp. 2; 4410.4400, Subp. 11A; and 4410.4400, Subp. 11 B. Notice of the Scoping EAW and draft Scoping Decision document was published in the EQB Monitor on December 26, 1989, along with notice of the public scoping meeting. This scoping meeting was held at 4:00 p.m. January 18, 1990 at the Eagan City Hall, 3830 Pilot Knob Road, Eagan, Minnesota. An audio - recorded transcript was made of this meeting. No persons appeared at the meeting to present comments. Written comments were received during the 30 -day scoping period from the Department of the Army -Corps of Engineers, Metropolitan Council, DNR, MnDOT, E and the MPCA. A written comment was received after the end of the comment period from the Minnesota Historical Society. The City's general response to all of the written comments was to expand the scope of the EIS as necessary to address the concerns raised by the parties making comments. Additional studies and issues to be studied were identified in the final Scoping Decision document. On February 6, 1990, the City Council passed the resolution approving the final Scoping Decision. The final Scoping Decision was distributed to all parties on the Minnesota Environmental Review Program Distribution List and to those who commented on the Scoping EAW. A press release containing information regarding the final Scoping Decision and preparation of the EIS was issued to the "Dakota County Tribune". The final Scoping Decision/EIS Preparation Notice was published in the EQB Monitor on February 19, 1990. The Draft EIS was distributed to all parties on the Minnesota Environmental Review Program Distribution List, and to those who commented on the process to date, on March 19, 1990. A press release containing information regarding the availability of the Draft EIS for public comment was issued to the "Dakota County Tribune" on March 19, 1990. The Notice of Draft EIS Availability, containing the time and location for the Draft EIS public informational meeting, was published in the EQB Monitor also on that date. The public informational meeting was held at 4:00 p.m. on April 9, 1990, at the Eagan City Hall. An audio -recorded transcript was made of this meeting. No oral comments were received at this meeting. On April 23, 1990, the Draft EIS comment period closed. During this comment period, the MPCA and Metropolitan Council submitted written comments. Written comments were received after the close of the comment period from the MnDOT and the DNR. The Final EIS was distributed to all parties on the Minnesota Environmental Review Program Distribution List, and to those who commented during the EIS process, on May 14, 1990. A press release containing information regarding the availability of the Final EIS for public review was distributed to the "Dakota County Tribune" on that date. Written comments on the Final EIS were accepted through May 29, 1990 pursuant to MN Rules Part 4410.2800, Subp. 2. Written comments were received from the Pollution Control Agency, MN Dept. of Transportation, and the Metropolitan Council. See the following section of this report for the response to comments received. 3 C5 D ■ RESPONSE TO COMMENTS ON THE FINAL EIS Copies of the written comments are attached to this report. MN DOT COMMENTS Point 2 - Improvement Funding Responsibilities Mn DOT has consistently maintained a position that any roadway improvements required to accommodate the proposed project is the responsibility of the City of Eagan. Part of the issue is defining the proportion of the improvements which are strictly tied to the project. MN DOT does have some responsibility concerning the correction of any existing operational problems on TH-149 and also mitigating the future growth of traffic which may originate outside the City's boundaries (over which they have no control). As continuing urbanization of the area occurs, the function of TH-149 is anticipated to change from its current rural character to one of a major urban arterial. A number of funding sources will probably be needed to facilitate this transition. Further discussion is needed between the City, Dakota County and MN DOT to determine an overall course of action for TH-149. Point 4 - Dodd Road (TH-149)/1-494 Traffic Study MN DOT has acknowledged the study efforts by the City of Eagan earlier this year. To date, the response comments have not addressed the technical issues. The City would like to continue the discussions to select the most feasible alternatives while the opportunities still are available. Point 6 - Yankee Doodle Corridor Study As with other improvement efforts in Eagan, the City would like to have MN DOT involved during the study rather than as just an evaluator of the final study results. The success of the future implementation hinges on the agreement and the commitment of the interested agencies. The City is willing to immediately begin the preliminary- discussions concerning this area. Points 7 & 8 - West Publishing Trip Distribution There is considerable room for differing perceptions regarding the future distribution of traffic from the West Publishing site. If one was evaluating today's distribution (based on existing land uses), proportionally more trips could be orientated to 1-494 and 1-35E. However, this distribution will change over time 4 as Dakota County continues to develop. The Eagan Comprehensive Transportation Plan is land use based and functions within the development plans of all Dakota County communities. The analysis of the trip distribution reveals that projected future dwelling unit growth in other adjacent communities such as Inver Grove Heights and Rosemount tends to make these communities attractive to West Publishing employees for relocating their homes. The City would like to discuss some of these results with MN DOT staff to determine if the anticipated development patterns compare favorably with their perceptions, or if some assumptions need closer inspection and re- evaluation. The City would also be interested in any information that MN DOT might have concerning the basis behind their perceptions of future trip distribution percentages. POLLUTION CONTROL AGENCY - No response required. METROPOLITAN COUNCIL - Points 1, 2, and 3 --no response required. CONCLUSIONS Based on the record established during the environmental review process and on comments received, the Final EIS for West Publishing -Eagan Corporate Center meets the conditions, as specified in MN Rules Part 4410.2800, Subp.4, to be determined adequate. 5 3� ��NNEsoTq Minnesota Department of Transportation IS Metropolitan District ' Transportation Building St. Paul, Minnesota 55155 �OF TPVkV Oakdale Office, 3485 Hadley Avenue North, Oakdale, Min Golden Valley Office, 2055 North Lilac Drive, Golden Valley, l Reply to May 25, 1990 Telephone No. Mr. Dale Runkle Community Development Director City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 SUBJECT: Final EIS, West Publishing/Eagan Corporate Center Dear Mr. Runkle: The MN'/DOT Metro District has reviewed the West Publishing/Eagan Corporate Center FEIS. The following comments are from the Oakdale office only. While this document does acknowledge our concerns, some issues we feel need further clarification. The following points are in reference to the ones in the FEIS document, pages 29 - 35. Point 2: This statement still suggests MN/DOT involvement in funding the proposed improvements to TH 149. We have indicated in previous comments that this is the responsibility of the City of Eagan. Point 4: MN/DOT did review the 1989 Dodd Road/I-494 Traffic Study for the City last year. Appropriate review comments were made at that time. At the present time we are not reviewing such documents. Point 6: The Yankee Doodle Corridor Study proposed by the City is a positive step in identifying the congestion problems at I -35E. MN/DOT would be interested in seeing the results of this study. Points 7, 8: The diagram 7-B included in the final document does help discern the pattern of traffic distribution for West Publishing. However, we feel the percentages shown for the TH 149/I-494 and the Yankee Doodle/I-35E interchanges are too low. An Equal Opporl ni 3 Employer Mr. Dale Runkle May 25, 1990 Page Two Thank you for the opportunity to review this Final EIS Document. We would like to request the City for an extension of time in order to consolidate comments from the other participants of the MN/DOT review process. Sincerely, Robert S. Brown, P.E. Preliminary Design Engineer JULY-0i-I--Ve lui Jt rKUf I 5tM 1NL. May 24, 1990 TO Minnesota Pollution Conti -of Agency 520 Lafayette Road, Saint Paul, Minnesota 55155 Telephone (612) 296.6300 Mr. Dale Runkle Community Development Director City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Dear Mr. Runkle: Re: West Publishing/Eagan Corporate Center - Final Environmental Impact Statement EAGAN P.02 The Environmental Analysis office (EAO) has completed its final review of ti Environmental Impact Statement (EIS) for the proposed West Publishing/Eagan Corporate Center project. My staff, in consultation with other Minnesota Pollution Control Agency (MPCA) staff, has evaluated the project for any significant environmental effects. We have determined that the project will not result In significant environmental effects, therefore, ve have no further comments on the project If you have any questions, please contact Paul Schmiechen at 612/296--7795. Thank you for the opportunity to reviev this EIS. Sincerely, "—>" - Debra L. McGovern Director Environmental Analysis office DLM:pnk Regional offices: DU Uth . Brainerd • Detrol; Lakes • Marshall • Roetester Equa" Opponuniy Employor PrirRed on Rorycbd Papel metropontan Council of the twin Cities Area Mears Park Centre, 230 E 5th St. St. Paul, Minnesota 55101 612-291-6359[MD 291-0904 DATE: May 18, 1990 TO: Metropolitan and Community Development Committee FROM: Steven Schwanke, Research and Long Range Planning SUBJECT: City of Eagan Final Environmental Impact Statement West Publishing -Eagan Corporate Center Metropolitan Council Referral File No. 15024-4 Metropolitan Council District No. 15 INTRODUCTION The city of Eagan has submitted the Final Environmental Impact Statement (FEIS) for the West Publishing -Eagan Corporate Center to the Metropolitan Council for review and comment. A scoping Environmental Assessment Worksheet (EAW) for this project was reviewed by the Metropolitan Council in January, 1990 (see referral file no. 15024-1) and a Draft Environmental Impact Statement (DEIS) was reviewed in April, 1990 (see referral file no. 15024-3). A comprehensive plan amendment (referral file no. 14825-9) changing land uses from residential to commerciaUndustrial on 113 acres of the West Publishing site was also reviewed and approved by the Council in May, 1990. Eagan was requested to address the following five transportation and economic!emploNIment issues in the FEIS: ' That the Final Environmental Impact Statement show that TH 55 between Eagan and Inver Grove Heights is not a Metropolitan Highway. ' That the city of Eagan commence with the Highway Interchange Request: Evaluation Criteria and Review Procedures as outlined in Appendix H of the 1984 Trans . rtation Development Guideoli Plan, for a new interchange on I-494. ' That the city of Eagan describe in the Final Environmental Impact Statement how flexible work hours for office employees and off-peak shift changes for manufacturing employees will continue. These actions on the part of West Publishing are critical to limit the number of trips generated in the p.m. peak hours. That West Publishing work with the Regional Transit Board and Minnesota Rideshare to develop a ridesharing plan and implement other transportation demand management techniques. ' That the city of Eagan define in the Final Environmental Impact Statement whether the jobs associated with the West Publishing -Eagan Corporate Center are "new" jobs or are "transfer" jobs from some other part of the metropolitan area. The proposed project has not changed from the DEIS. The project area consists of 261.6 acres. Of this, 104 acres contain 1.4 million square feet of existing office, manufacturing and warehousing facilities. The preferred alternative analyzed in the DEIS and FEIS is a development of 2.46 million square feet consisting of the following components: * 1,060,000 gross square feet of office use; * 700,000 gross square feet of warehouse and storage use; ' 700,000 gross square feet of manufacturing use; * 1 single family dwelling unit (occupied by the resident manager). AUTHORITY TO REVIEW Environmental review documents such as a Final Environmental Impact Statement (FEIS) are prepared under the Minnesota Environmental Policy Act (Minn. Stat. Ch. 116D) and must be submitted to the Metropolitan Council and other agencies. Any recipient of an environmental review document, or interested party may make comments and recommendations to the cit} of Eagan. The West Publishing -Eagan Corporate Center FEIS was received by the Metropolitan Council on May 15, 1990. The comment period concludes on May 29, 1990 with final action on the environmental document to be taken by the Eagan City Council on June 5, 1990. ANALYSIS Since the DEIS became available in March, 1990 West Publishing has made it known through the media and public meetings that they are investigating the possibility of moving their corporate offices from St. Paul to some other location. It is unclear from the FEIS whether the proposed project represents a move of corporate offices from St. Paul to Eagan or whether the proposed project will accommodate future corporate space needs. It is stated in the FEIS that "the plans represent the capacity for West's future growth in Eagan. The phasing assumptions... were structured in a way which would provide West Publishing the option of relocating its St. Paul operations to Eagan.... (page 18). It is stated later in the document that the proposed project "includes office space of sufficient size to replace that which West Publishing currently occupies in St. Paul. Therefore, the estimated employment contains "transfer" jobs which are currently located in St. Paul, in addition to "new" jobs created by additional expansion in Eagan. The FEIS indicates that approximately 2,000 jobs will be transfers from St. Paul and that over an unspecified time West will add 2,930 jobs for Alternative 2 (proposed project) and 2,290 for Alternative 3 (zoning alternative). The FEIS acknowledges that West Publishing has continued to explore options that would maintain its current operations in St. Paul. If corporate offices remained in Sc. Paul, West Publishing employee growth in Eagan would occur at a more modest rate over a longer period of time. Given this scenario, all job growth in Eagan would be "new" jobs rather than "transfer" jobs. In its review of special projects and major development proposals the Metropolitan Council may go beyond an examination of the public fiscal impacts to include an analysis of what may happen to the regional economy. One of the factors considered is the economic impact of the proposal. The Council assesses such factors as the number and type of long-term jobs to be created by the proposal and what mix, if any, of public subsidies will be used by local governments (see page 28 of the Metropolitan Development and Investment Framework for a more complete discussion). From a regional perspective, the added jobs are most important. The transfer of jobs does not entail a gain for the region and should not involve public costs through direct or indirect subsidies. If the added jobs would occur in the region anyway, they should not be subsidized either. In the case of the West Publishing expansion, the city of Eagan is not providing a public subsidy and thus the project appears to be a private market decision based on the company's need for new space. Transportation The issues of flexible work hours, designation of TH 55, request for a highway interchange, and development of a ridesharing program have been adequately addressed in the FEIS. Eagan has stated in the FEIS that flexible work hours will be maintained by West Publishing; that TH 55 was described as a metropolitan highway because it did not exclusively serve local needs, not because it was part of the metropolitan highway system; a highway interchange request will be initiated when all the engineering information becomes available; and both the city of Eagan and West Publishing will work to develop a ridesharing program for West Publishing employees. RECOMMENDA'T'IONS 1. That the Metropolitan Council adopt the staff report as stated above as part of these recommendations. 2. That these comments be forwarded to the city of Eagan as part of the environmental review process for the West Publishing -Eagan Corporate Center. 3. That the city of Eagan not provide public subsidies to West Publishing for purposes of relocating existing jobs from one part of the region to another part of the region. (h:libraryld=mentk-pnfeis) RESOLUTION DETERMINING THE ADEQUACY OF A FINAL ENVIRONMENTAL IMPACT STATEMENT FOR THE WEST PUBLISHING-EAGAN CORPORATE CENTER WHEREAS, the City Council of the City of Eagan is the official governing body of the City of Eagan; and WHEREAS, West Publishing Company has proposed a project entitled West Publishing -Eagan Corporate Center (the "Project") consisting of up to 2,460,000 gross square feet of office, manufacturing and warehouse facilities to be developed on approximately 262 acres of land located along the west side of TH 149 between Yankee Doodle Road and Wescott Road; and WHEREAS, the City of Eagan prepared and distributed a Scoping Environmental Assessment Worksheet (Scoping EAW) and draft Scoping Decision document for the Project pursuant to MN Rules Part 4410.2100 on December 18, 1989; and WHEREAS, the City of Eagan held a public scoping meeting for the Project on January 18, 1990, pursuant to MN Rules Part 4410.2100, Subp. 3B, at which no oral comments were received; and WHEREAS, during the 30 -day Scoping EAW comment period, written comments were received from the Department of the Army -Corps of Engineers, Metropolitan Council, Minnesota Department of Natural Resources (DNR), Minnesota Department of Transportation (MnDOT) and Minnesota Pollution Control Agency (MPCA); and WHEREAS, after the close of the 30 -day Scoping EAW comment period, a written comment was received from the Minnesota Historical Society; and WHEREAS, based on the analysis contained in the Scoping EAW and on comments received, the City Council passed a resolution approving the final Scoping Decision for the Project on February 6, 1990, which identified issues for further analysis; and WHEREAS, the City of Eagan prepared and distributed a Draft Environmental Impact Statement (EIS) for the Project pursuant to MN Rules Part 4410.2600 on March 19, 1990; and WHEREAS, the City of Eagan held a public informational meeting on April 9, 1990, pursuant to MN Rules Part 4410.2600, Subp. 8, at which no oral comments were received; and WHEREAS, during the Draft EIS comment period, written comments were received from the Metropolitan Council and the MPCA; and WHEREAS, after the close of the Draft EIS comment period, written comments were received from the MnDOT and the DNR; and WHEREAS, the City of Eagan has prepared and distributed a Final EIS for the Project pursuant to MN Rules Part 4410.2700; and WHEREAS, written comments on the Final EIS were accepted through May 29, 1990, pursuant to MN Rules Part 4410.2800, Subp. 2; and WHEREAS, through May 29, 1990, written comments were received from the Metropolitan Council, MN Dept of Transportation and the Pollution Control Agency; and WHEREAS, these comments were responded to in the adequacy decision report prepared by the City of Eagan; and WHEREAS, based on the record established during the environmental review process and comments received, the City Council of the City of Eagan finds the following: 1. The Final EIS addresses the issues raised in scoping so that all issues for which information can be reasonably obtained have been analyzed; 2. The Final EIS provides responses to the substantive comments received during the Draft EIS review concerning issues raised in scoping; and 3. The Final EIS was prepared in compliance with the procedures of the Act and MN Rules Parts 4410.02000 to 4410.6500. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Eagan determines the Final EIS for the West Publishing - Eagan Corporate Center to be adequate and directs City staff to notify the Minnesota Environmental Quality Board of the City Council's determination of adequacy. Passed and adopted this day of , 1990. BY: Thomas A. Egan ATTEST: E.J. VanOverbeke ITS: City Clerk jD ITS: Mayor RESOLUTION NO. 90- A RESOLUTION AMENDING THE EAGAN COMPREHENSIVE GUIDE PLAN WHEREAS, the City Council of the City of Eagan is the official governing body of the City of Eagan; and WHEREAS, the City Council of the City of Eagan adopted the Comprehensive Guide Plan on April 19, 1983, pursuant to the requirements of Minnesota Statutes, Section 473.864; and WHEREAS, West Publishing Company has applied for an amendment to the Comprehensive Guide Plan for its West Publishing -Eagan Corporate Center development, which changes the land use designation of 112.56 acres of land as shown on Exhibit A (attached) from D -I Single-family Residential (0 to 3 units per acre), D -II Mixed Residential (0 to 6 units per acre) and D -III Mixed Residential (6 to 12 units per acre) to IND Industrial; and WHEREAS, the Advisory Planning Commission of the City of Eagan did recommend approval of this amendment to the Comprehensive Guide Plan on December 21, 1989; and WHEREAS, the City Council of the City of Eagan reviewed this amendment to the Comprehensive Guide Plan and was in concurrence with the recommendation of the Advisory Planning Commission and found that the proposed Comprehensive Guide Plan amendment is in the best interests of the City; and WHEREAS, the City Council conditionally adopted this amendment to the Comprehensive Guide Plan on January 4, 1990, contingent upon the following: 1) completion of Metropolitan Council review and comment; and 2) completion of the mandatory environmental review process and determination of adequacy pursuant to Minnesota Rules Parts 4410.0200 to 4410.6500; and WHEREAS, the Metropolitan Council reviewed and approved the requested amendment to the Comprehensive Guide Plan on May 10, 1990; and WHEREAS, the City Council of the City of Eagan determined the Final EIS for the West Publishing -Eagan Corporate Center to be adequate pursuant to Minnesota Rules Part 4410.2800, Subp. 4, on June 5, 1990. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Eagan hereby adopts an amendment to the Comprehensive Guide Plan changing the land use designation of 112.56 acres of land as shown on Exhibit A (attached) from D-I Single -family Residential (0 to 3 units per acre), D-II Mixed Residential (0 to 6 units per acre) and D-III Mixed Residential (6 to 12 units per acre) to IND Industrial. THIS RESOLUTION passed this day of by the City Council of the City of Eagan, Minnesota. BY: ATTEST: E.J. VanOverbeke, City Clerk , 1990 Thomas A. Egan, Mayor a D orf F W 2 in W z CL W M a � W W z W W cc CL 2 0 U F Z W O z w r� z J A. z 4K J `a r z W ¢ U N W DZ QO /�/ �Q /r / LU a9 O a0 Q z 5 O N N V Q LL z Ul z V 11 F C U) IL uj m to IL _ :u1 V al .r x m r „ u C r+ a I ..r d -a v w x s� C�� v p � c c � c e"1 v I d O L v {, eC �C N V •.J • L C T"f U U n ep cr E �+ c \ v a c w :r �a x ECS -r L w w v •.+ C •.+ \ tt. 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C C G 'fl Iv Cr 'C N !C r• V 'I C L I C %0 Z C C C C L � G OC RL9 tr OJ cic wL+ C •I.r .r C L C #A cc sU z Agenda Information Memo June 5, 1990 City Council Meeting CITIZENS TASK FOR CE ARENA B. Appointments, Citizens Task Force to Study Ice Arena Alternatives --At the May 17, 1990 City Council meeting, the purpose, responsibilities, timeframe and committee make- up were defined for the creation of a Citizens Task Force to study an ice arena facility. Due to the limited number of applicants, it was determined at that meeting that a decision regarding appointments would be continued to the June 5 meeting. The first meeting of the task force will be held on June 4, this coming Monday evening at 7:00 p.m. for the purpose of organizing, laying out issues for the task force to address and adopting a meeting schedule for the summer months. The newspapers advertised the request for applicants to serve on the Citizens Task Force, however, there have only been one or two additional applications since the May 17 meeting. The City Council may want to consider one of two alternatives: Alternative 1 - To appoint those individuals who have expressed an interest in serving on the task force, direct the City Administrator to further solicit applicants from the categories defined in the committee make-up and publish a formal press release seeking community representation with the understanding the additional committee appointments would be made at the June 19 meeting; Alternative #2 -To delay all appointments until the June 19 City Council meeting, asking the City Administrator to pursue committee interest as outlined in Alternative #1. For City Council review, a copy of the revised Citizens Task Force to Study an Ice Arena Facility guidelines is enclosed on pages through, as modified by the City Council at the May 17 meeting. Also enclosed on page -Li through are copies of all letters the City has received from residents expressing an interest in serving on the ice arena task force. The City has also been contacted by three (3) individuals, John Scharffbillig. Mark Johnson and Frank J. Potocnik, expressing interest in serving on the ice arena task force. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny either Alternative 1 or Alternative 2 regarding the appointment of the Citizens Task Force to Study an Ice Arena Facility. CITIZENS TASK FORCE TO STUDY CONCEPTUAL ALTERNATIVES FOR COMBINED YMCA AND ICE ARENA FACILITIES PURPOSE: The Citizens Task Force was formed by action of the City Council at the May 17, 1990 regular Council meeting. The charge of the Task Force is to review and recommend a conceptual approach to the development of an Eagan ice arena including a potential co -location of an ice arena and a YMCA, as well as other options. The Task Force recommendation is to include: 1. Consideration of the desireability and feasibility of co -locating an ice arena with the YMCA or a similar facility, 2. Consideration of the desireability and feasibility of a public land transfer to facilitate a YMCA and/or an ice arena, 3. Outline of financing mechanisms to implement the Task Force recommendation, 4. Site selection criteria and identification of appropriate parties to make site selection decisions for various alternatives (YMCA Board, Advisory Parks and Recreation Commission, etc.), and 5. Preparation of an outline for a total use package for any facility recommended by the task force. The Task Force's scope of work will not include operations or fundraising for the YMCA facility, nor are actual programming scheduling or operational considerations a part of the Task Force's responsibilities. 6. Task Force will assist the City Council as a communications link and send information back to the City Council and the community. OTHER RESPONSIBLE PARTIES: The YMCA has already formed a steering committee comprised of community leaders to oversee fundraising and site selection for the YMCA separate and apart from this Task Force. The City's Advisory Parks and Recreation Commission is charged with making policy recommendations to the City Council in matters regarding park land and parks development. Any Task Force recommendation which requires consideration in any of these policy areas will be referred to the appropriate party. TIME FRAME: The Task Force will hold the first meeting on Monday, June 4 at 7:00 p.m. A future schedule for the Task Force will be determined at the June meeting. The City Council anticipates a recommendation from the Task Force by late Fall, 1990. COMMITTEE MAKE -IIP: As a guideline, the Committee could consist of up to eighteen (18) residents and representatives of the business community. The make-up of the Task Force may consist of the following: (3) Athletic Associations Located in the City (3) Ice Arena Interests (Open Skating, Figure & Hockey) (2) Chamber of Commerce/Business Community (2) School District Representatives/Community (4) Community at Large (1) Advisory Parks and Recreation Commission (1) Advisory Planning Commission (2) Youths q (� of Eagan Skating, Education MAY 2 s isro May 23, 1990 Tom Hedges, City Administrator City Hall 3830 Pilot Knob Road Eagan, MN 55122 Dear Tom: I understand there is a committee being established to evaluate and make recommenda- tions for an ice arena to serve Ea&an. I hope that you consider inclusion of at least one representative from each organization in Eagan involved with youth and adult athletics. Should you request our participation, Eagan Athletic Association (EAA) will be happy to provide a representative. EAA wants to create the best possible athletic programs for Ea€an youth. Sincerely, 9nlLinton President EAA 1 '7 GRAHAM MARKETING GROUP INC. Jerry Thompron Virr Prrcidrnl-Salr< 26M Eagan Wood- Drive Eagan, Minnesota 55121 612,'681-M 5 Residence6M-883P l Ti,, �':i ��.•ti Gan 6Fu h jttarn e> FL. %1X1 ",l•�. ,n k Llii�•ti L'• nuiscltt . Cknnis I Urn-,cr V it CAMPBELL, KN UTSON, SCOTT & FUCHS, P.A. Attorne%< at Lau• May 14, 1990 Mr. Thomas Hedges City Administrator Eagan City Hall 3830 Pilot Knob Road Eagan, Mid 55122 Re: Citizens Task Force cn Ice Arena Dear Mr. Hedges: 1611 4;6•a53Q Fac,imile �o3_) 45(•��1' D 14M Please accept this letter as an expression of my interest to serve on the Ice Arena Citizens Task Force that is being formed in Eagan. ray primary interest in serving on the Task Force is as a resident of Eagan. I believe my prior involvement with the con- struction and financing of the Burnsville Arena and my general professional experience in development will be helpful to the Task Force members. Thank you fcr your consideration GGF/rkg 01 -fisc III • Suite ':: • 4C-1 Washin,,ton D -i% -e • Eacan, MN 571 FELLOW. AMERICAN COLLEGE OF FOOT SURGEONS Mr. Thomas Hedges City Administrator City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Mr. Hedges: DR. RICHARD J. HANSEN, P.A. AFFILIATED FOOT CONSULTANTS 1545 Livingston Ave. WEST ST. PAUL, MINNESOTA 551 IS TELEPHONE 457-4665 April 25, 1990 k LPN oe���, zzWO u DIPLOMATE. AMERICAN BOARD OF PODIATRIC SURGERY I am writing this letter to volunteer for the advisory committee for Eagan's proposed Community Center -Ice Arena. Our family has resided in Eagan for ten years. Several years ago, my wife and I almost moved to Apple Valley. We decided to stay in Eagan, in large part because it was a young community that we wanted to grow with. We have three young boys, ages ten, eight and four. Like all parents of young children, we wart our children to have the opportunity to be exposed to as many different activities as possible. With a young population of 50,000 people, we all realize the necessity of now having a community center -ice arena. I have one child who loves basketball and baseball and one who loves to play baseball and h --key. I have helped coach both sports and I am not a board member of either E.A.A. or Eagan Hockey Association. The p-Ast six months have been extremely frustrating. I went to the initial pre- sentation for our proposed twin ice arena and all the subsequent city council meetings. I was extremely frustrated at times and saw our community divided. All previous proposals that have been voted down, were done so for appropriate reasons. It is now time for all community groups to come together and help formulate a sound and reasonable project which the city council can bring before the community. This can, and should be done, in an expeditious manner. It will take compromise and common sense. As past president of a Minnesota medical society, I have experienced the necessity of compromise. As a resi- dent of Eagan who has followed the issue very closely, I am aware of the past shortfalls involving financing, project quality, site locations and, most important, proper community public relations for this project. Thank you for your consideration on this matter. Sincerely, Richard J. Hansen 1233 Flicker Circle Eagan, MN 55123 452-4337 s �� 4174 BLUEBERRY CIRCLE EAGAN, MN 5512,E (612) 454-3399 April 23, 1990 Mr. Tam Hedges City Administrator City Of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Mr. Hedges: I WOUld be interested in being a member of the arena coG+'r'ittee. My background is in property management for the p&=_t thirteen years as the Controller V. P. for, The Tycon Co',ipa-i es. We manage seventeen d i f ferent propert ies irziurtirig fifteen hundred apartment units and one hundred fifty thousand square feet of retail, we also build office w�+eh_use buildings, plus we own five retail stores in the Kinrieapi_,1 is -St. Paul area. I have tw.:, boys who play hockey, one at the high school level a.r,t the ether at the Pee Wee level. Last year I served or, the Eagan Hc.ck.ey Association Board in the capacity as ice cc --ordinator and have been re-elected for- the coming year. I assume that I will continue as the ice coordinator for, the c1_,n'.i ng sea= _on. As ice coordinator I talk with many different arena. ri,aria niers in the area and have a good working relation with thea,. I believe that I Could bring to the committee a I.n.wledge of ice arena operations, their, alternate uses, and their, financial position. Thank you for your, consideration. Sincerely; 00 .an R. Menning 5"7 23 April 1990 Mr. Thomas Hedges Thorrus F Kmrrw Corodfer Mdw M Opetabor6 iJ11TISYS City of Eagan ~ Copwabm Telephone Eagan City Halt PO Boot 64942 612 635 5249 3838 Pi lot Knob Road Mai! $tabor 4601 6124&2-� Eagan, MN 55122 i St Paul MN 55164-0942 (,e'7.9S7f Dear Tom, I am writing to you to request consideration for •embership on the Arena Committee which I understand rein be formed in the near future. Some information about my background: I am currently the Financial Controller of Unisys Commercial Manufacturing Operations in Roseville and Clear Lake, Iowa and also serve as Site Con— trolter which includes Development and Engineering activities. I am also on the Unisys Contributions Committee which contributes financial support to education, minority education, Arts and Culture, and civic and community organizations. I have been with Unisys for 22 years and I am 45 years old. I have lived in Eagan for 9 years. I have three sons, one of which plays hockey and I have coached hockey for the last 4 years. I have played hockey myself since I was 11 years old, including St. Thomas College. I still play in a seniors, no checking, league once a week from October to Ptarch. Over the years I have, necessarily, seen many ice arenas as they have grown in numbers from the first ones at Aldrich and Wacouta. I lived in California for 4 years and saw some rinks there, as well. Undoubtedly, you could classify me as a hockey enthusiast. However.. I am also a resident of Dakota County and Eagan and I am very sensitive to potential tax increases and how our tax revenues are spent. I am in favor of providing an ice arena for the residents of Eagan in a manner that would balance needs with quality and cost effectiveness. If you consider me as a candidate.. I would like to know more about the objectives and the agenda involved, before accepting a membership position on an arena committee, but suffice to say, I am very interested. Thank you and feel free to calf me or ask me to stop at the city offices to discuss this. Sincerely yours, - Thoma F. K _. n,arner 1345 Wilderness Run Drive Eagan, MN 55123 5 May 17, 1990 Mr. Tom Hedges City Adminiistrator/City of Eagan Eagan City Hall Eagan, Minnesota Dear Tom, Please consider this letter as my formal written request for appointment to the Eagan Ice Arena Task Force. My personal feelings and position on this issue are very well publicize. If you should have any questions, please feel free to contact me. Sincerely, Doug `Lee 452-2140 5� Agenda Information Memo June 5, 1990 LIQUOR LICENSE REGULATIONS AND LICENSE FEE PROPOSAL C. Amendment to City Code, Chapter 5, Beer, Wine and Liquor Licensing Regulations and Proposed Change in Liquor License Fees --At the April 26 work session, the City Council directed language changes for both on -sale and off -sale beer, wine and liquor licensing and regulations as they are presently written in Chapter 5 of the City Code. The City Council had also requested a study of all liquor license fees and upon review of the proposed change in the fee structure directed the same to be discussed at a future City Council meeting. In addition, a public hearing date is to be set to consider all changes to the current fee structure for all beer, wine and liquor licensing. Enclosed on pages _through for review is a copy of a memo from Administrative Assistant Witt, proposed liquor license fees as summarized from the data distributed at the work session on April 26 and the amendments to Chapter 5 entitled Beer, Wine and Liquor Licensing and Regulation as directed by the City Council. ACTION TO BE CONSIDERED ON THIS ITEM: 1) To consider approval of the proposed amendments as presented, 2) assign on -sale liquor license categories to new licenses created by population increase and to any license returned to the City and 3) to set a public hearing date for proposed changes in liquor license fees. May 31, 1990 TO: CITY ADMINISTRATOR HEDGES FROM: ADMINISTRATIVE ASSISTANT WITT RE: CITY CODE AMENDMENTS TO CHAPTER 5. BEER, WINE & LIQUOR LICENSING & REGULATION In addition to changing the subdivisions for on and off -sale liquor licenses, staff has reviewed Chapter 5 language in an effort to clean up inconsistencies and to make corrections. The attached explanatory notes and code pages reflect that effort. Jim Sheldon will provide a memo regarding the process to change liquor license fees and to discuss club licenses. I want to share staff discussion regarding location of liquor licenses near school structures. The original language referred to "elementary and secondary" school structures. We felt that a school, such as Rasmussen Business College, would be without protection with only grades one through twelve inclusions. On the other hand, changing to "public" school structures does allow liquor licenses to locate near a private school such a Tesseract. Nursery schools and day care centers are not covered under either scenario. Staff needs direction from Council as to preferred language. At its April 26 work session, the Council directed that on -sale liquor licenses be available in three categories: 1) Motels; 2) Structures with x$350,000 valuation; and 3) Other. Staff needs Council direction as to what on -sale liquor license cate- gory should be assigned to - 1. A new license available through population increase ( one per each 2500 increase over 45,000 population) 2. A license being returned to the City. ACTION REQUESTED: 1. Approve amendments 2. Assign on -sale liquor license categories to new licenses created by population increase and to any license returned to the City. 3. Set a hearing date for proposed changes in liquor license fees. �S Ur r1f� A. SEVERSON, WILCOX & SHELDON, P.A. JARRYS. MIMSON• ,JAMES F. SHEIMN J. PATRICK WILCOX* TERENCE P. MMU AUCHAEL G. DOUGHERTY 60CHAEL E. MOLENDA•• PAUL J. STIER •ALSD LfCENSED W MWA ALSO LICENSED Di R19W%?SIN —ALSO LICENSED D+ NEBRASKA May 30, 1990 Liz Witt Administrative Assistant City of Eagan 3830 Pilot Knob Road P.O. Box 21199 Eagan, MN 55121 A!'ROFZMONAL AS9DCUnON ---- �-,3T1UZNEYS AT LAW OX MIDWAY NATIONAL BANK BUII DING MO WEST 147TH STREET JIPPLE VALLEY, MINNESOTA 65124 4612) 4325136 RE: Liquor Ordinance Issues Our File No. 206-8385 Dear Liz: ' 27a FA% NUMBER 452 -SM Per your request, we have reviewed several matters licensing in the City of Eagan. Specifically, you have address two matters in this letter: (1) the procedure for to change liquor license fees, and; (2) the definition of licensing purposes. M ENNETH R HALL "•SCOTT D. JOHNSTON JOSEPH P.EARLEY LOREN M.SOLFEST CHRISTINE M. SCOnL o .ANNETTE M. MARGARIT DANIEL M. SHERIDAN OFOM VSEL JDIVi E. VUEUCH on liquor asked us to the Council "club" for Fee Changes: Minnesota Statutes 5348.408, subd. 3A provides that "no city ... shall increase the fee for a liquor license ... except after notice and hearing on the proposed increase. Notice of the proposed increase must be mailed to all affected licensees at least thirty days before the date set for the hearing. This subdivision supersedes any inconsistent provision of law or charter." We found no comparable provision for a decrease in fees. The appropriate procedure is for the Council to set the hearing allowing enough time for thirty daysr mailed notice before the date of the hearing. The proposed increase should be listed as a "not to exceed" figure in the notice. There is no provision which requires publication of the notice. If you have questions, please contact me. Clubs: A number of places in the Eagan Code it refers to "fraternal club" while in other areas the Code refers to "club". Minnesota Statutes 5348.101, subd. 7, defines a club as "an incorporated organization organized under the laws of the state for civil, fraternal, social, or business purposes, for intellectual improvement, or for the promotion of sports, or a congressionally 5-(c Liz Witt _ ` May 30,-1990 Page Two chartered veterans organization, which ...." (The subdivision deals with specific requirements that l order to meet the statutory definition of club.) "i set forth in 5348.408, subd. 2, do not diffe: fraternal clubs and other types of clubs. 5348., temporary nonintoxicating malt liquor licenses also in the generic sense as do many of the other I statute. It is our recommendation that the City ord, to clubs in the generic sense rather than in a sense. If you have any questions, please feel free to Contac, Very truly yours, SEVERSON,,.WILCOX & SHELDON, P.A. Jams Sheldon JFS/djk cc: Gene VanOverbeke S� PROPOSED LIQUOR LICENSE FEES: Off -sale beer FROM: $40 TO: $75 On -sale beer $175 $350 On -sale wine $200 $2000 On -sale liquor $3500 $7500 Off -sale liquor Cannot be changed per state statute Is $200 FURTHER: Wine investigation fee $200 $350 Beer investigation fee $350 Leave as is. Wine/Beer Combination $350 $400 CHAPTER FIVE PROPPSED AMENDMENT NOTES P. 98 7. "Club" As defined, Club incorporates more than fraternal clubs but, by City Code, only fraternal clubs have been eligible for on -sale licenses. Jim Sheldon recommends, via separate memo, that on -sale licenses may be granted to those clubs which meet code definition. P. 99 9. "Exclusive liquor store." The word, "exclusive" and " and the establishment may offer recorded or live entertainment" should be deleted to reflect that, in Eagan, a liquor store is for off -sale liquor and the sale of other appropriate goods. The change was made to clarify that only off -sale licenses could be granted to a liquor store. P. 99 11. "Hotel" definition. Delete "and motel" as the term motel is no longer part of state statute. Change seating, food percent and valuation to be consistent with on -sale liquor requirements. p. 100 22. "Restaurant" definition. Delete "or motel" and change food percent of gross income to 50%. p. 101 22. Change minimirn seating requirements to 50 guests at one time. p. 105 subd. 5. Duplicate licenses. Delete reference to a dollar amount for a duplicate license. That fee can be reviewed , along with other city fees, by the Council in December. p. 106-1 Sec. 5.05 Limitation on Ownership. Change off -sale to on -sale wine to correct an error. (There are no off -sale wine licenses.) p. 109 subd. 5 Location. Delete "elementary and secondary" and substitute "public" in the description of school structure. Discussion of school wording is included in the cover memo. p. 109 subd. 6 Beer licenses. Delete "exclusive liquor store" as a possible on -sale beer licensee,to maintain consistency of a liquor store only selling off - sale. Delete "exclusive" to conform to amended definition of liquor store. p. 111 subd. 4 Club license fee. Delete reference to "fraternal" when setting fees for club on -sale liquor license. p. 112 subd. 5 Employee age. Delete "or motel" p. 112 subd. 8 Location. Substitute "public" for elementary or secondary" school structure. p. 113 subd. 10 On -sale liquor licenses. Delete "motel" and "fraternal". p. 113 subd. 11 On -sale liquor license New language to reflect Council discussion of April 26 work session. p. 113 subd. 12 Off -sale liquor license. New language. p. 117 G. Location. Substitute "public" for elementary and secondary" school structure. p. 117 1. On -sale wine licensees. Change minimum number of guests for restaurants with on - sale wine licenses, to 50. p. 117 K. On -sale wine licensees. of gross profits to 50. Change food percent CEAFTER 5 BSER, KINE AND LIQUOR LICENSING AND REGULATION SECTION 5.01. DEFINITIONS. As used in this Chapter unless otherwise stated in specific sections, the followir words and terms shall have the meanings stated: 1. 'Alcoholic Beverage" means any beverac containing more than one-half of one percent alcohol i volume, including, but not limited to, beer, wine, ar liquor as defined in this Section. 2. "Applicant" means any person making application for a license under this Chapter. 3. 'Application" means a form with blanks or spaces thereon, to be filled in and completed by the applicant as his request for a license, furnished by the City and uniformly required as a prerequisite to the consideration of the issuance of a license for a business. 4. "Beer" means malt liquor containing not less than one-half of one percent alcohol by volume nor more than 3.2 percent alcohol by weight. (This definition includes so-called "malt coolers" with the alcoholic content limits stated herein.) 5. "Brewer" means a person who manufactures beer for sale. 6. "Church" means a building which is principally used as a place where persons of the same faith regularly assemble for the public worship of God. 7. "Club" means an incorporated organization organized under the laws of the State for civic, fraternal, social, or business purposes, for intellectual improvement, or for the promotion of sports, or a congressionally chartered veterans' organization, which: (1) has more than fifty members;- (2) has owned or rented a building or space in a building for more than one year that is suitable and adequate for the accommodation of its members; (3) is directed by a board of directors, executive committee, or other similar body chosen by the members at a meeting held for that purpose. No member, officer, agent, or employee shall receive any profit from the distribution or sale of beverages to the members of the club, or their guests, beyond a reasonable salary or wages fixed and voted each year by the governing body. Such club or congressionally chartered veterans' organization must have been in existence for rat least three years. 98 (6-15-86) s 5.01 8. *Commissioner" means the Minnesota Commissioner of Public Safety. Source: Ordinance No. 31, 2nd Series Effective Dates 6-6-86 9. • Liquor Store' means an establish- ment used exclusively for Off -sale of liquor except for the Incidental sale of ice, tobacco, beer, beverages for nixing with liquor, soft drinks, cork extraction devices, and books and videos on the use of alcoholic beverages in the prepara- tion of food . an& 4b& 96c H444- Sources 444-- Sources Ordinance So. 65, 2nd Series Lffective Date: 8-26-88 10. `General Food Stere' means any place of business carrying a stock of food supplies and primarily engaged in selling food and grocery supplies to the public. 11. 'Hotel" and-J'K*o+e1'- means and includes any establishment having a resident proprietor or manager, Where, in consideration of payment therefor, food (consist- ing of a full menu as distinguished from exclusively 'fast food" items such as piaza, hamburgers and other sandwiches) and lodging are regularly furnished to transients, and Which contains not less than 25 guest rooms with bedding and other suitable and necessary furnishings in each room, and which is provided with a suitable lobby, desk and office for the registration of its guests at the main entrance and on the ground floor, which employs an adequate staff to provide suitable and usual service, and which ■ aintains under the same management and control as the rest of the establishment and has an integral part thereof a dining room with appro- priate facilities for seating not leas than.0 guests at one time, where the general public is, in consideration of payment therefor, served with meals at tables, where the principal part of the business (meaning at least 5M of the gross income from sales during each calendar qa-wrter) is from serving foods and furnishing lodging, and where there Is an appraised value of at least 8350.000.00 as to the building or portion of the building assuclaterd ith liquor sales. 12. 'License' means a document, issued by the City, to an applicant permitting him to carry on and transact the business stated therein. 13. 'Licensee' means an applicant who, pursuant to his approved application, holds a valid, current, unexpired license, which has neither been revoked nor is then under suspension, from the City for carrying on the business stated therein. 14. 'License Fee' means the money paid to the City pursuant to an application and prior to issuance of a license to transact and'earry on the business stated therein. 99 (8-31-88) 5 5.01 15. "Licensed Premises" means the premises described in the issued license. 16. 'Liquor" weans ethyl alcohol and distilled, fermented, spirituous, vinous and malt beverages containing In excess of 3.2 percent of alcohol by weight. (This definition includes so-called 'wine coolers" and "malt coolers" with the alcoholic content limits stated herein.) 17. 'Malt Liquor' means any beer, ale, or other beverage made from malt by fermentation and containing not less than one-half of one percent alcohol by volume. 18. 'Manufacturer" means every person who, by any process of manufacture, fermenting, brewing, distilling, refining, rectifying, blending, or by the combination of different materials, prepares or produces alcoholic beverages for sale. Source: Ordinance No. 31, 2nd Series Effective Date: 6-6-86 19. "Minor" means any natural person who has not attained the age of 21 years. Source: Ordinance No. 80, 2nd Series Effective Date: 6-30-89 20. "Off -Sale" means the sale of alcoholic beverages in original packages for consumption off the licensed premises only. 21. "On -Sale" means the sale of alcoholic beverages for consumption on the licensed premises only. 22. "Package" and "Original Package" mean any container or receptacle holding alcoholic beverages, which container or receptacle is corked, capped or sealed by a manufacturer or wholesaler. Source: Ordinance No. 31, 2nd Series Effective Date: 6-6-86 22. 'Restaurant" means an establishment, other than a hotel or--mvt-r1-, under the control of a single proprietor or manager, having appropriate facilities for the serving of meals, (consisting of a full menu as distin- guished from exclusively "fast food" items such as p12za, hamburgers and other sandwiches) and where, in consideration of payment therefor, meals are regularly served at tables to the general public, which employs an adequate staff to provide the usual and suitable service to its guests, the principal part of the business (meaning at least '12J of the gross income from sales during each calendar quarter) being 100 (7-1-89) ;� 3 qpprc 5.01 the serving of foods, and which shall bave seating facili- ties for seating not less than 50 guests at one time. Source: Ordinance No. 35, 2nd Series Effective Date: 6-6-86 24. 'Sale", 'Sell" and *Sold' mean all barters and all .manners or means of furnishing alcoholic beverages to persons, including such furnishing in violation or evasion of law. 25. •Wholesaler" means any person engaged in the business of selling alcoholic beverages to a licensee from a stock maintained in a warehouse. 26. 'Wine" means a beverage made without rectifi- cation or fortification by the fermentation of sound ripe grapes, grape juice, other fruits, or honey, and also carbonated wine, rine made from condensed grape must, wine made from other agricultural products, imitation gine, compounds sold as wine, vermouth, cider, perry and sake, containing not less than one-half of one percent nor more than fourteen percent alcohol by volume. (This definition includes so-called 'wine coolers" with the alcoholic content limits stated herein.) Source: Ordinance No. 31, 2nd Series Effective Date: 6-6-86 SEC. 5.02. APPLICATIONS AND LICENSES UNDER THIS CHAPTER - PROCEDURE AND ADKINISTRhTION. Subd. 1. Application. All applications shall be made at the office of the City Clerk -Treasurer upon forms prescribed by the City, or if by the State of Minnesota, then together with such additional information as the Coun- cil may desire. Information required may vary with the type of business organization making application. All questions asked or information required by the application forms shall be answered fully and completely by the applicant. Subd. 2. False Statements. It is unlawful for any applicant to intentionally make a false statement or omission upon any application form. Any false statement in such application, or any Willful omission to state any information called for on such application form shall, upon discovery of such falsehood, work an automatic refusal of license, or if already issued, shall render any license issued pursuant thereto void and of no effect to protect the applicant from prosecution for violation of this Chapter, or any part thereof. Source: City Code Effective Date: 1-1-83 101 (6-15-87) S 5.02 interest. The list shall name all shareholders and show the number of shares held by each, either individually or bene- ficially for others. It is the duty of each corporate licensee to notify the City Clerk -Treasurer in writing of any change in legal ownership, or beneficial interest in such corporation or in such shares. Any change in the ownership or beneficial interest in the shares entitled to be voted at a meeting of the shareholders of a corporate licensee, which results in the change of voting control of the corporation by the persons owning the shares therein, shall be deemed equivalent to a transfer of the license issued to the corporation, and any such license shall be revoked thirty days after any such change in ownership cr beneficial interest of shares unless the Council has been notified of the change in writing and has approved it by appropriate action. The Council, or any officer of the City designated by it, may at any reasonable time examine the stock transfer records and minute books of any corporate licensee in order to verify and identify the shareholders, and the Council or its designated officer may examine the business records of any other licensee to the extent necessary to disclose the interest which persons other than the licensee have in the licensed business. The Council may revoke any license issued upon its determination that a change of ownership of shares in a corporate licensee or any change of ownership of any interest in the business of any other licensee has actually resulted in the change of control of the licensed business so as materially to affect the integrity and character of its management and its operation, but no such action shall be taken until after a hearing by the Council on notice to the licensee. Source: Ordinance No. 63, 2nd Series Effective Date: 6-24-88 Subd. 5. Duplicate Licenses. Duplicates of all original licenses under this Chapter may be issued by the, City Clerk -Treasurer without action by the Council, upon licensee's affidavit that the original has been lost, and upon payment of a fee f_ for issuance of the duplicate. All duplicate licenses shall be clearly marked DUPLICATE. Subd. 6. Posting. All licensees shall conspic- uously post their licenses in their places of business. Source: City Code Effective Date: 1-1-83 Subd. 7. Resident Manager or Agent. Before a license is issued under this Chapter to an individual who is a non-resident of the State, to more than one individual whether or not they are residents of the State, or to a 105 (8-31-88) n S 5.04 SEC. 5.0 4. DELINQUENT TAXES AND CBARGES. No license under this Chapter shall be granted for operation on any premises upon which taxes, assessments, or installments thereof, or other financial claims of the City, are owed by the applicant and are delinquent and unpaid. For the purpose of this Section, *applicant" includes persons and related persons, (1) owning at least a 50% beneficial interest in the proposed license or in the entity making the application, and (2) at least an undivided one-half interest in the premises proposed to be licensed, or at least a 50% beneficial interest in the entity owning such premises. Source: City Code Effective Date: 1-1-83 SEC. 5.05. LIMITATION ON OWNERSBIP. No person shall be granted an on -sale or off -sale liquor or an ga:- .sale wine license at more than one location. For the purpose of this Section, any person owning an interest of five percent, or more, of the entity to which the license is issued, or if such ownership is by a member of any immediate family living in the same household, as the licensee, that person shall be deemed to be a licensee. Source: Ordinance No. 69, 2nd Series Effective Date: 11-11-88 SEC. 5.06. CONDITIONAL LICENSES. Notwithstanding any provision of law to the contrary, the Council may, upon a finding of the necessity therefor, place such special conditions and restrictions, in addition to those stated in this Chapter, upon any license as it, in its discretion, may deem reasonable and justified. SEC. 5.07. PREMISES LICENSED. Unless expressly stated therein, a license issued under the provisions of this Chapter shall be valid only in the compact and contiguous building or structure situated on the premises described in the license, and all transactions relating to a sale under such license must take place within such building or structure. SEC. 5.08. UNLAWFUL ACTS. Subd. 1. Consumption. It is unlawful for any person to consume, or any licensee to permit consumption of, beer, wine or liquor on licensed premises more than twenty (20) minutes after the hour when a sale thereof can legally be made. 106-1 (7-1-89) 5 5.33 Subd. 2. No licensee shall, during the effective period of such license, be the owner or holder of a Federal retail liquor dealer's tax stamp for the sale of intoxicating liquor, unless such owner or holder also holds a liquor license from the City, and ownership or holding thereof shall be grounds for immediate revocation, without a hearing. Subd. 3. No license shall be granted to a wholesaler or manufacturer of beer or to anyone holding a financial interest in such manufacture or wholesaling. Source: City Code Effective Date: 1-1-83 Subd. 4. No person who has not attained the age of eighteen (18) years shall be employed to sell or serve beer in any on -sale establishment. Source: Ordinance No. 48, 2nd Series Effective Date: 6-12-87 Subd. 5. Except as otherwise provided in this Chapter, no license shall be granted for any building within 300 feet of any public school structure, or church structure. - Subd. 6. On -sale licenses shall be granted only to bona fide clubs,restaurants and �st-a-l-a-ar hotels. Off -sale licenses may be . granted to -xrluziwe liquor stores and general food stores. Subd. 7. Every license shall be granted subject to the provisions of this Chapter and all other applicable provisions of the City Code and other laws relating to the operation of licensee's business. Source: City Code Effective Date: 1-1-83 SEC. 5.34. SOURS AND DAYS OF BEER SALES. No sale of beer shall be made between the hours of 1:00 o'clock A.M. and 6:00 o'clock A.M. on the days of Monday through Saturday, nor between the hours of 1:00 o'clock A.M. and 12:00 o'clock noon on Sunday. Source: Ordinance No. 65, 2nd Series Effective Date: 6-26-88 �� 109 (8-31-88) LON 5 5.50 SEC. 5.50. LIQUOR LICENSE REQUIRED. It is unlawful for any person, directly or indirectly, on any pretense or by any device, to sell, barter, keep for sale, or otherwise dispose of liquor, as part of a commercial transaction, without a license therefor from the City. This Section shall not apply (1) to such potable liquors as are intended for therapeutic purposes and not as a beverage, (2) to industrial alcohol and its compounds not prepared or used for beverage purposes, (3) to wine in the possession of a person duly licensed under this Chapter as an on -sale wine licensee, (4) to sales by manufacturers to wholesalers duly licensed as such by the Commissioner, or (5) to sales by wholesalers to persons holding liquor licenses from the City. Any person licensed to sell liquor at on -sale shall not be required to obtain an on -sale beer license, and may sell beer on -sale without an additional license. Any person licensed to sell liquor off -sale shall not be required to obtain an off -sale beer license, and may sell beer off -sale without an additional license. Source: Ordinance No. 31, 2nd Series Effective Date: 6-6-86 SEC. 5.51. LIQUOR LICENSE FEES. Subd. 1. The annual on -sale liquor license fee is $3,500.00. Source: Ordinance No. 28, 2nd Series Effective Date: 2-7-86 Subd. 2. The annual off -sale liquor license fee is $200.00. Subd. 3. The annual Sunday liquor license fee is $200.00. Subd. 4. The annual frater &1- club on -sale liquor license fee is $300.00 for a club with a membership of 200 or less; $500.00 for a club with a membership of between 201 and 500; $650.00 for a club with a membership of between 501 and 1,000; $800.00 for a club with a membership of between 1,001 and 2,000; $1,000.00 for a club with a membership of between 2,001 and 4,000; $2,000.00 for a club with a membership of between 4.001 and 6,000; and $3,000.00 for a club with a membership of more than 6,000. Subd. 5. The daily sports or convention facilities liquor license fee is $50.00. Source: City Code Effective Date: 1-1-83 Subd. 6. The temporary liquor license fee is $150.00. Source: Ordinance No. 80, 2nd Series Effective Date: 6-30-89 111 (7-1-89) lel 5 5.52 SEC. 5.52. LIQUOR LICENSE RESTRICTIONS AND REGULATIONS. Subd. 1. Prior to issuance of any license the applicant shall file with the City a bond with a corporate surety, cash, or United States government bonds in the sum of $5,000.00 for an on -sale license and $3,000.00 for an off -sale license. Source: Ordinance No. 11, 2nd Series Effective Date: 4-27-84 Subd. 2. No license shall be granted to a whole- saler or manufacturer of liquor, or to anyone holding a financial interest in such manufacture or wholesaling. Subd. 3. No license shall be effective until a permit shall be issued to a licensee under the laws of the United States, if such permit be required under such laws or the State of Minnesota. Source: City Code Effective Date: 1-1-83 Subd. 4. (Repealed by Ordinance No. 31, 2nd Series, adopted 5-6-86.) Subd. 5. No person under the age of eighteen (18) years shall be employed upon premises, or in any rooms constituting the same, except that persons under the age of eighteen years may be employed as musicians or to perform the duties of a busboy or dishwashing services in places defined as a restaurant,rrr hotel. Source: Ordinance No. 48, 2nd Series Effective Date: 6-12-87 Subd. 6. No licensee shall sell, offer for sale, or keep for sale, liquor in any original package *which has been refilled or partly refilled. Subd. 7. No licensee shall display liquor to the public during hours when the sale of liquor is prohibited. Subd. S. No license shall be granted for any building within 300 feet of any public school structure or church structure. Subd. 9. No more than one license shall be held by any person. For the purpose of this Subdivision, any person owning a beneficial interest of five percent, or more, of any licensed establishment shall be considered a licensee. 112 (6-15-87) S 5.52 Subd. 10. On -sale licenses shall be granted only to hotels, Hotels, restaurants and fraternal clubs. Source: Effective Date: Subd. 11. Eighteen (18) on -sale licenses may be authorized as of June 5, 1990. All on -sale licenses shall be for premises situated in a commercial or industrial use district under a conditional use per- mit. The eighteen (18) licenses shall be distributed as follows: A. Four (4) licenses for hotels; B. Seven (7) licenses for restaurants with at least $350,000 building valuation (exclusive of leasehold improvements, equipment or common areas); and, C. Seven (7) licenses for other restaurants. Source: Effective Date: Subd. 12. One (1) new off -sale license may be authorized for each 5000 population increase in the City, over a base of 40,000, as determined by the annual Metropolitan Council Population Estimates of April 1. Applications for new licenses will be received through August 31. If there is insufficient population to support another off - sale license, the applications will be returned. New license applications will be reviewed by the Police Department through November 30 with Council consideration at the first meeting in December. New licenses will be approved with an effective date of the following January 1. Any license not activated by the following August 31 will be rescinded and the available license will be part of the next application process. An off -sale license which becomes available when an existing liquor store is sold will be considered independent from the "new license" process outlined above. License renewals, change in ownership and relocation are addressed elsewhere in Chapter 5. A set of criteria will be included in the review process to aid in the selection of the best qualified applicant. Such cri- teria may include residency, financial structure, overall operation, proposed location, traffic implications, previous experience and ownership restrictions. Each applicant shall display to the City's satisfaction that it has at least an option on a specific site for the location of the off -sale store. The Council reserves the right to determine specific compliance with this subdivision. Source: Effective Date: s 3.70 - years of age may be employed as musicians or in bussing or washing dishes in a restaurant or hotel that is licensed to sell liquor and may be employed as waiters or waitresses at a restaurant or hotel where only wine is sold, provided that the person under the age .of eighteen may slot serve or sell any wine. Source: Ordinance No. 48, 2nd Series Effective Date: 6-12-87 F. No licensee shall display wine to the public on days or during hours when the sale of wine is prohibited. G. No license shall be granted for any building within 300 feet of any public school structure or church structure. E. No more than one license shall be held by any person. For the purpose of this Subparagraph, any Person owning a beneficial interest of five percent, or more, of any licensed establishment shall be considered a licensee. I. On -sale wine licenses shall be granted only to restaurants as defined in this Chapter. Provided, however, for purposes of this Section, such restaurant shall have appropriate facilities for seating not less than 5n guests at one time. — J. Every license shall be granted subject to the provisions of this Chapter and all other applicable provisions of the City Code and other laws relating to the operation of the licensed business. Source: City Code Effective Date: 1-1-83 K. Persons who bold both an on -sale wine license and an on -sale beer license, and whose gross receipts are at least 500% attributable to the sale of food, may sell intoxicating mit liquor (strong beer) at on -sale without an additional license. Source: Ordinance No. 52, 2nd Series Effective Date: 12-25-87 SEC. 5.71. HOURS AND DAYS OF SALES BY ON -SALE WIRE LICENSEES. No on -sale of wine shall be made between 1:00 o'clock A.M. and 10:00 o'clock A.M. on Sunday, nor between 12:00 o'clock midnight and 8:00 o'clock A.M. on Monday, nor between the hours of 1:00 o'clock A.M. and 8:00 o'clock A.M. on Tuesday through Saturday, nor between the hours of 8:00 117 (8-31-88) Agenda Information Memo June 5, 1990 SHERWOOD DOWNS DEVELOPMENT PROPOSAL D. Comprehensive Guide Plan Amendment, Sherwood Downs Addition/Argus Development Inc., Changing the Land Use Designation of Approximately 29 Acres from D -H to D -I, a rezoning of 29.08 PD R-3 and A Acres to R-1 and a Preliminary Plat Entitled Sherwood Downs Addition for 62 Single Family Lots --A public hearing was held by the Advisory Planning Commission at their April 24, 1990 meeting to consider separate applications as submitted by Argus Development Inc., requesting a comprehensive guide plan, development amendment, rezoning and preliminary plat for the Sherwood Downs Addition development proposal. The APC is unanimously recommending approval of all applications and regarding the preliminary plat has added a number of revisions to a list of conditions for that approval. Specifically, condition 3, regarding the 5 foot building setback variance, was revised to include Lots 1 - 28, Block 1. Specific pond volumes were deleted from conditions 7 and 8. The 15 condition regarding water quality plan requirements was also added to the list. The City Council reviewed the proposed development and considered the recommendation of the Advisory Planning Commission at the May 17 City Council meeting. The developer of Kings Wood 4th Addition objected to the installation of a road that would connect the proposed Sherwood Downs Addition with Cutters Ridge, adjacent to his development. After review by the City Council there is direction that the developer and City review the feasibility of eliminating the connection and designing a cul-de-sac to serve Kings Wood 4th Addition and lots in Sherwood Downs. Enclosed on pages -73 through _�, js a memo from John Wingard, Design/Development Engineer to Jim Sturm, City Planner regarding street alignment. Also enclosed on pages -2_� through" I are three alternatives which include the original layout and proposals by both Joe Miller and Jim Horne. The difference in the alternatives proposed by Mr. Miller and Mr. Horne is the number of lots each stand to gain or lose as a result of their own proposal. Also enclosed on pages through is a copy of the May 17 City Council minutes pertaining to the Sherwood Downs development proposal. For a copy of the entire staff report as it appeared in the May 17 City Council packet including the APC minutes and APRC recommendation, refer to pages through ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a comprehensive guide plan amendment, a planned development amendment, a rezoning and a preliminary plat for Sherwood Downs Addition in the Blackhawk Park Planned Development as requested by Argus Development, Inc. MEMO TO: JIM STURM, CITY PLANNER FROM: JOHN WINGARD, DESIGN/DEVELOPMENT ENGINEER DATE: JUNE 1, 1990 SUBJECT: SHERWOOD DOWNS STREET ALIGNMENT At the Eagan City Council meeting on May 17, 1990, the Council requested staff to review the street alignment for the Sherwood Downs development. Three alternative layouts have been prepared and the exhibits are attached. Alternative #1 is the original layout that was presented for the Planning Commission report. Alternative #2 is the new layout with a cul-de-sac on Rocky Lane and this layout was proposed by Joe Miller Homes as an alternative after the May 17th Council meeting. The third alternative is a cul-de-sac layout proposed by Jim Horne, the developer of the Kings Wood 4th Addition. There are three potential lots in the Kings Wood area along the extension of street "E" from Rocky Lane to the southwest. The three potential lots were purchased by Kings Wood from Meritor Development and the outside lot line was laid out to conform to a future street extension of Rocky Lane to the southwest. The first lot of the three in Kings Wood is the most easterly lot and it is a fairly flat lot that is mainly an open grassy area at elevation 908. There is a row of trees along the easterly and northerly edge of this lot. When this lot is developed, it would have to be cut to approximately a house pad elevation of 902. The second lot in the Kings Wood area would be the middle lot of the three. This lot slopes from the backyard to the front yard with a grade differential from elevation 914 to approximately 900. There are trees in the backyard along the lot line and the balance of the lot is primarily a grassy area with a few small trees. The third lot in the Kings Wood area along street "E" is the most southwesterly lot. It has steep slopes that are wooded and there are some big oaks on this lot. It will be a difficult lot to develop because of the steep slopes across it. The elevation differential is from 900 on the northeasterly edge to approximately 880 on the southwesterly edge. In order to save trees on this lot, a retaining wall will probably be needed. City staff has met with the developers of Sherwood Downs and with Mr. Horne to receive their feed back and comments to the alternative street alignments. City staff would encourage the two developers to work out a compromise and agree to a street alignment. The following is a list of advantages and disadvantages to the three alternative layouts: ALTERNATIVE 01 - ORIGINAL LAYOUT Advantages and Disadvantages 1. Three lots can be developed in the Kings Wood property adjacent to street "E" as it extends from Rocky Lane to Deerwood Drive. 2. Street "E" would be connected as a through street and this would be the best alternative for street access and circulation. '?3 PAGE TWO 3. In order to save and protect trees on the Kings Wood lots, a 6' to 10' retaining wall would be necessary in the backyard area. 4. Watermain and sanitary sewer would be in public right-of-way and therefore, good access would be available to these utilities. 5. A temporary slope easement would be required on the Kings Wood lots in order to allow grading to occur for the street extension. 6. The layout shows a 10% street grade for a short section of street "E" in front of the middle lot or proposed Lot 18 of Sherwood Downs. ALTERNATIVE #2 - CUL DE SAC LAYOUT PROPOSED BY JOE KILLER HOMES 1. Only two lots on the Kings Wood area could be developed with this street layout, but the Sherwood Downs area would still maintain their number of lots. 2. The addition of a 6' high retaining wall on the two lots in the Kings Wood area would help to save trees in the backyard area. A substantial amount of trees could be saved in the Kings Wood area in the southwesterly portion of the property. 3. A 3:1 slope through the backyard area of the lots in between street "F" and the cul de sac on Rocky Lane would be required because of the 20' drop between_ the lots. 4. Sanitary sewer and watermain for the Rocky Lane cul de sac can be served from Cutters Ridge so no sewer or water lines would be required along lot lines from street "F". 5. Street "F" would be an 1100' cul de sac which would exceed the City standard and would require a variance. 6. The Rocky Lane cul de sac would be approximately 300' long. 7. This layout would require Kings Wood to co-sign the plat with Sherwood Downs because some of the right-of-way for the Rocky Lane cul de sac would extend into the Kings Wood property. 8. The grading work that would be necessary to construct the Rocky Lane cul de sac would require a temporary slope easement from Kings Wood. ALTERNATIVE #3 - CUL DE SAC LAYOUT PROPOSED BY JIM HORNE 1. The layout would allow for three lots on the Kings Wood property, but one less lot would be available on the Sherwood Downs development. 2. A 6' to 10' high retaining wall in the backyard area of the Kings Wood lots would be needed to save trees along the back lot line. -� q PAGE THREE 3. The storm sewer line and the sanitary sewer line would be required between the lots from street "F" up to the Rocky Lane cul de sac in order to serve the area of the Rocky Lane cul de sac. 4. Watermain for the cul de sac would be extended from the Cutters Ridge development. 5. Street "F" would be an 1100' long cul de sac which exceeds City standards and would require a variance. 6. Rocky Lane would be a 400' long cul de sac. 7. A temporary construction easement would be required on the Kings Wood lots in order to grade for the Rocky Lane cul de sac. 8. One lot in the Sherwood Downs development would have double frontage with street "F" in the front and the Rocky Lane cul de sac in the back. 9. A 3:1 slope through the backyard area of lots in between street "F" and the cul de sac would be required because of the approximately 20' elevation differential. QOJ-'A� W ' JiKin Wingard, Design/Development Engineer cc: Thomas A. Colbert, Director of Public Works Michael P. Foertsch, Assistant City Engineer Thomas L. Hedges, City Administrator JW/j f t11 3 0 A v l 3 06 0 0 3 Oc \x+11111 4 \ ♦ % 1 v l 3 06 0 0 3 Oc Z 3 O PL O 0 3 06 uj Z cc a a a. � .fl � t�1 � v � Q O W Z 3 O PL O 0 3 06 w ;POVilfro a a. � .fl � v � CC W cik u�r 1 Z 3 O PL O 0 3 06 ;POVilfro .fl � cik 4c Z 3 O PL O 0 3 06 Page 131EAGAN CITY COUNCIL May 17, 1990 were moving the location of the garage W-4 "W10 the west side of the house. The applicants said they had cxartac ted all neighbors and no object' been received. McCrea moved, Gustafson secorxseid, aion to approve a 17 focd variance to the 30 fort setback required along a public street for Mike Betty for 1662 Norwood Drive, Lvt 4, Block 3, Brittany Addition. Aye: 5 Nay: 0 COMPREHENSIVE GUIDE PLAN AMENDMENTIREZONING PRELIMINARY PLATISHERWOOD 'DOWYNS ADDITION The City Administrator said that the Advisory Planning Commission had considered this item at the April 24, 1990 Planning Commission meeting and had recommended approval. He also stated that the Planning Commission added a number of revisions to the conditions to preliminary plat. The Director of Public Works said the applicant was requesting a comprehensive guide plan amendment of approximately 29 acres and a planned development amendment of approximately 20 acres from R-3 to R-1, within the Blackhawk Park planned development. He said the applicant was also requesting a rezoning of approximately 9 acres from agricultural to R-1 and a preliminary plat for Sherwood Downs Addition consisting of 62 lots on 29.42 acres. He said the development contained three cul-de-sacs with three accesses off Deerwood Drive. He added that the developer had laid out the project to minimize the loss of wooded area. The project will tie into Rocky Lane on the north. The City Attorney then listed three additional conditions of approval: 16. 40' setbacks along Deerwood Drive will be permitted. 17. An amendment to the Blackhawk Park Planned Development Agreement shall be provided prior to the release of the final plat. 18. Except for Lot 5, Block 3, minimum lot width shall be 85' wide at the 25' setback. The applicant, Wayne Tower of Pioneer Engineering, said that this was a difficult property to develop because of the existing streets to the north ,and the rough topography. Mr. Tower also said that their desire to save as many trees as possible, a Williams Brothers pipeline and sanitary sewer jutting through the property have also been hindrances to development. Rollie Crawford, representing Home Development, then addressed the Council. Mr. Crawford said that because of the 10% grade proposed for Rocky Lane the street drops so low that it will require substantial cuts in three contiguous lots. He said there would be an additional loss of vegetation because of excavation. Mr. Crawford said the value of these lots could be reduced by as much as $15,000 each. He said the effect of road grading as it is would do substantial damage to kxs owned by Home Development and that they Object strenuously to this development. Mayor Egan asked the Director of Public Works 9 a 10% grade would be allowed. The Director of Public Works said that 10% grade is allowed ii another access to the project is less than 8% grade. Brian Olson of Argus Development then pointed out that the three 4oW referred to by Mr. Crawford were not lots but an outlot. He also added that it is the only place the road can go. Mr. Olson said all grades ft the contours of Mr. Home's property. He said that in many respects the trunk sanitary sewer also determines the grade of this road. Mr. Tower echoed those thoughts and said that meeting the existing street determined the grade of Rocky Lane. After additional discussion, Councilmember Wachter suggested that Page 14/EAGAN CRY COUNCIL MINUTES May 17,19M Rocky Lane end in a c uk:le-sac from the north If this were dome, It would require some changes to the Sherwood Downs Addition layout. The City Cox xx*amended that the de�ebpe,r�s reach a workable plan. Egan moved, McCrea seconded, a motion to continue a cornprehersive guide plan amendment, a Planned development amendment, a rezoning and a preliminary pied for Sherwood Downs Addition in the Blackhawk Park Planned Development„ Argus Development, Inc., to the June 5, 1990 City Council meeting. Aye: 5 Nay: 0 SOUTHERN LADS GUIDE PLAN PLAT The C' Administrator said the applicant was requesting a comprehensive guide plan amendment, a rezoning of approximately 13 acres to an R-1 district and a preliminary plat consisting of 11 lots located east of Highway 3, north.of Cliff Road, abutting Inver Grove Heights to the east. Mr.•John Vogelbacher of Southern Lakes Partnership, gave a brief summary of the development. Because this project is on the Inver Grove Heights/Eagan border, -,discussion followed as to the service responsibility of each city. The Director of Public Works said the original service boundary went further into Inver Grove/Heights and has been planned for. He also stated that the City could handle the entire development wittkut incurring any additional costs. McCrea moved, Pawl" seconded, a motion to approve a comprehensive guide plan amendment for the Southern Lakes Addition for the Southern Lakes Partnership. Aye: 5 Nay: 0 McCrea moved, Gustafson seoDnded, a motion tc approve a rezoning for the Southern Lakes Addition/ Southern Lakes Partnership. `Aye: 5 Nay: 0 McCrea moved, Pawlenty seconded, a motion to approve a preliminary plat entitled Southern Lakes Addition as applied for by Southern Lakes Partnership subject to the following conditions: 1. These standard conditions of plat apprpval as adopted by Council action on September 15, 1987, shall be complied with: Al, 131, B2, B3, 54, C1,.tr2, C5, D1, E1, F1, and G1. 2. The joint powers agreement shall,be completed and approved by the City Council prior to final plat approval. % 3. Extension/construction of CityArunk watermain, sanitary sewer, and storm sewer must be approved by City Council prior to final plat apprgvaL 4. The development is re ired to treat the site generated storm water runoff in ac�rdance with recommendations identified in the City's Water Quality Management prior to discharge into Pond LP - 30. Aye:5 Nay:0 �STR�I'�'ftiE AGEMA FOURTH OF JULY CELEBRATION Gustafson moved, Wachter seconded, a motion to approve an allocation of $1,5o to the Eagan Fourth of July Celebr�t` ion to be used for the annual fireworks display. Aye: 5 Nay: 0 `t .0 SUBJECT: COMPREHENSIVE GUIDE PLAN AMENDMENT, PLANNED DEVELOPMENT AMENDMENT, REZONING, PRFs PI HNARY PLAT (SHER'V OOD DOWNS ADDITION) APPLICANT: ARGUS DEVELOPMENT, INC. LOCATION: NE 1/4 SECTION 21 EXISTING ZONING: R-3 WITH[N BLACKHAV« PARK P.D. & AGRICULTURAL DATE OF PUBLIC EM RING: APRIL 24, 1990 DATE OF REPORT: APRII, 18, 1990 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: Separate applications have been submitted requesting a Comprehensive Guide Plan Amendment of approximately 29 acres, a Planned Development Amendment of approximately 20 acres from R-3 (Townhouse) to R-1 (Single Family) within the Blackhawk Park Planned Development, a Rezoning of approximately nine acres from Ag (Agricultural) to R-1 (Single Family), and a Prelim.inaU Plat consisting of 62 lots on 29.42 acres. This site is located along the west side of Pilot Knob Road and the north side of Deerwood Drive. COMPREHENSIVE PLAN: The project site is designated in the Comprehensive Land Use Guide Plan D -II (Mixed Residential, 0-6 units per acres). A proposed single family residential subdivision at a density of less than three units per acre is most consistent with a D -I (Single Family residential, 0-3 units per acre) designation. As such, a Comprehensive Plan Amendment to change the land use designation from D -H to D -I is appropriate. A D -I designation would be generally compatible with the adjacent D -II and PF (Public Facility) uses surrounding the project site. EXISTING CONDITIONS: The site is surrounded by the Kingswood and Cutters Ridge single family additions to the north, approximately 10-15 acres of Agricultural property to the west, along with Interstate 35E. There is an existing vacant home and sheds located near the Deerwood/Pilot Knob Road intersection that will be removed with this development. Another home site on approximately 2.5 acres along Deerwood Drive is not included with this plat. The applicant was unable to acquire this property, however a proposed development plan for that property was included with the Sherwood Do,%k-ns proposal so the ultimate development of the area could be evaluated. It appears that �'l three lots will be possible with access to the internal street. The overall site is very rolling and contains significant massings of mature trees including oaks, elms, poplar, and a great deal of understory secondary growth. A major concern with the original submission was the loss of trees along Pilot Knob Road, especially around the low spot at the northeast portion of the plat. That was the result of connecting what is now being proposed as the easternmost two cul-de-sacs. Only four lots will now have frontage along Pilot Knob Road; two of the lots will have side yards and the two that have rear yards will be wooded and approximately be 280' deep. SITE PIAN/CODE CONFORMANCE: Three access points are proposed onto Deerwood Drive with the westerly two lining up with Deerwood School and the Deerwood Addition on the south side of the street. Cul-de-sac Variances are necessary for.three of the four proposed since they are over 500', however the longest two are approximately 650' and would serve no more than 15 homes each. Most of the streets are shown with a 50' right- of-way and the applicant is requesting 5' setback Variances on those lots to a 25' setback. Other 5' setback Variances are requested along the west side of Street E where there is a 60'right-of-way connecting to Rocky Lane in the Utters Ridge Addition. The lots vary in size from 12,000 - 28,870 sq. ft., averaging 15,647 sq. ft. and all are at least 85' wide at the 30' setback, except Lot 5, Block 3, which is a stovepipe shaped lot. It contains over 21,000 sq. ft. and the house pad is placed further back on the lot due to an existing storm sewer line. It does, however meet the 50' wide width at the right-of-way line. The gross density of the project is 2.17 units per acres; the net density is 2.81 units per acre. IC GRADING/DRAINAGE/EROSTON CONTROL: This development incorporates a section of land with considerable variations in topography and elevation with the maximum differential of approximately 801. The proposed grading plan incorporates several knolls and side slopes and two low areas which will be storm water ponds. The maximum cut is 20' in the east central section of this site, and the maximum fill is 28' in the southwest corner of this site. The grading plan is proposing to construct a 6' high retaining wall along the northwest corner of this site to protect an area of trees along I -35E. The extension of Rocky Lane in the northwest corner of this site is proposing to have a 10% street grade for approximately 2001. The other street grades on this site are less than 6% and the developer has met the City standards for 2% slopes through the intersections. Staff recommends that a berm be added along the I -35E common property line in the northwest corner of this site. The berm will provide a buffer and screen from the residential area to the Interstate. An existing 33" trunk sanitary sewer line drains through the proposed storm water pond on the north side of Deerwood Drive. Approximately 5' of fill should be added over the sanitary sewer line along the edge of the pond to provide adequate cover over the shallow pipe. The preliminary grading plan proposes to save and protect the trees in the northeast corner of this site around the proposed pond. These trees will provide a good buffer and screen between Pilot Knob Road and the residential area in this development. The drainage plan proposes to direct the majority of the runoff from this site to two ponds. These will be new ponds.added to the City's storm sewer ponding system. The proposed pond in the northeast corner of this site currently has an outlet to the east across Pilot Knob Road through the Hidden Valley development's storm sewer system and into Pond JP -6. Staff recommends that the outlet to the pond be improved to provide a wet storage volume of 0.4 acre feet minimum and to control the outlet flow rate to 1 cfs. The proposed pond in the southcentral section of this site will need to have an outlet provided to it that will connect into the existing storm sewer in Deerwood Drive. The outlet shall be designed to control the flow rate out of the pond to 1 cfs and provide a wet storage volume of 1.8 acre feet. The nutrient trapping at this pond will reduce the nutrient concentrations expecting to outflow from this pond with an efficiency removal rate of approximately 60%. This pond is upstream of Pond BP -29 which flows into Blackhawk Lake. The development will be responsible for installing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control lsanual Standards. The drainage plan shall add a storm sewer line .to drain a landlocked low area along the north edge of this site. The flow from this landlocked low area is approximately 3 cfs during a five- year storm and the storm sewer shall direct the flow to the pond in the northeast corner of the site. The drainage plan shall also add the storm sewer on Street C to handle the runoff of approximately 8 cfs at the intersection of Street C with Deerwood Drive. This storm sewer system shall drain to the west to the proposed pond on the north side of Deerwood Drive. UTILITIES: Sanitary sewer of sufficient size, capacity and depth has been stubbed to the southeast corner of this site and the sanitary sewer layout plan proposes to connect to that stub to serve the east half of this site. The west half of the site will be served by connecting 8" lateral lines to the existing 33" trunk sanitary sewer that drains northwesterly from Deerwood Drive to I - 35E. The 33" trunk sanitary sewer is approximately 30'-35' deep through the majority of the site. The developer is responsible for any damage that might have occurred to the pipe during the construction of this development. An 8" sanitary sewer stub shall be added to the west property line along the north side of Deerwood Drive to provide for a future sanitary sewer service to the undeveloped properties to the west. Water main of sufficient size, pressure and capacity is available to serve this development from an existing 18" water main on Deerwood Drive plus a 12" water main that crosses Interstate 35E in the northwest corner of the site and also from two 8" water main stubs from the Cutter's Ridge development. The preliminary water main layout proposes to connect to the 18" water main on Deerwood Drive in three different locations and the developer shall replace any disturbed street or sidewalk on Deerwood Drive to its original condition as necessary. Staff recommends that the developer shall add a water main connection from Street A to Street H to provide a looping water supply system for these two cul-de-sacs. No access is being proposed off Pilot Knob Road. The street layout plan does show three accesses off Deerwood Drive. Also, the existing stub streets on Rocky Lane and Clipper's Road in the Cutter's Ridge development shall be connected to with this development. These connections will improve the access and circulation to the Cutter's Ridge and Kings Wood 2nd Addition. City staff recommends that a concrete valley gutter shall be constructed across Deerwood Drive at all three street intersections. RIGHT-CF-W.A A ME RM This development shall dedicate all right-of-way and easements necessary for the internal streets, sanitary sewer, water main and storm sewer systems of sufficient width as required by alignment and depth. The existing 33" sanitary sewer that runs through the west half of this site needs to have a 60' wide easement dedicated over it ,since it is 30'-35' deep. The two proposed ponds shall have easements dedicated over them up to the high water level. A temporary slope easement will be required to be obtained from the ,adjoining properties before this development can perform any grading on the adjoining properties. This development shall be responsible for ensuring that all regulatory agency permits (MPCA, MWCC, Department of Health, Dakota County, MnDOT, etc.) are acquired prior to final plat approval. FINANCIJLL OBLIGATION - SRERWOOD DOWNS: 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. IlRrovezant Fry J gpe Rate went tom_ Amount Storm Sewer Trunk 297 SF .056/SF 327,506 SF $18,340 Lat Benefit Water Trunk 24 SF 14.18/FF Lat Ben San Sewer Trunk 88 SF 33.10/LF Total - 462 FF 6,551 11100 LF 3 6.410 $42,931 SHERWOOD DOWNS AMMON CONDITIONS 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: . Al, B1, B2, B3, B4, Cl, C2, C5, D1, E1, F1, and G1. 2. Additional landscape screening along the southeast cul-de-sac to block headlights facing Pilot Knob Road shall be provided. 3. The cul-de-sac lengths shall be approved as per the plan dated April 5, 1990. Five foot building setbacks to 25' shall be permitted on: Lots 1-17, Block 1, Lots 1-7, Block 2, Lots 3, 4, 9, & 12-16, Block 3. 4. The well and septic systems shall be abandoned to City specifications. 5. The development is required to submit detailed plans and specifications of the proposed retaining wall construction for staff review prior to grading permit issuance. 6. The development will be responsible for any damage done to the City's existing trunk sanitary sewer as a result of the development's activities. i. The development is required to provide 0.4 acre feet of wet pond volume and a 1 cfs outlet control for the pond in the backyard area of Tats 8, 9 and 24, Block 1, adjacent to Pilot Knob Road. 8. The development is required to provide 1.8 acre feet of wet pond volume and a 1 cfs outlet control for the pond proposed in the south central portion of Block 2. 9. The development is required to provide a 3 cfs capacity storm sewer outlet to the landlocked low area created in the backyard area of Lots 4, 5 and 6. Block 1. 20. An 8 cfs capacity storm sewer is required for Street C at its intersection with Deerwood Drive. 11. The development is required to provide an 8" sanitary sewer stub to the west line of the development along the north side of Deerwood Drive. 12. The development is required to loop the water main between the cul-de-sacs in Streets A and B. 13. A 60' wide easement is required for the existing 33" trunk sanitary sewer which crosses the westerly portion of the development. 14. Temporary slope easements are required from adjacent properties where grading extends beyond the development. L A. B. C. sTANDXRD CONDITIONS OF PIAT APPROVAL ssessm+ents 1. This development shall accept its additional assessment obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time -of final plat approval. asements_and Riobt 1. This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. Plans and specifications 1. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes and engineering standards and policies, and approved by staff prior to final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards and approved by staff prior to final plat approval. 3. This development shall insure that all temporary dead end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 4F 7 STANDARD CONDITIONS OF PLAT APPROVAL PAGE TWO 4. A detailed landscape plan shall be submitted on the proposed grading plan and approved by staff prior to the final plat approval. The financial guarantee shall be included in the Development Contract and not release until one year after the date of installation. 5. All internal public and private streets shall be constructed within the required right-of-way in accordance with City design standards. D. Public IMProvements 1. If any public improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. F. Parks Dedication 1. This development shall fulfill its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. G. Other 1. All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: PLATAPPR.CON LTS #1 6/12/89 A o e,,o OAT ) e t*J poN oc'm M I De r4-4 o%J -,-, ==1� zzz i� .. t L.� 2 _ � . F �. •• •i '" ;, � _ �� T :.ti ,'lam r1\ %��;' � � ` �L, ;;�;,., ,, .�. , � '�' •! � w�� 1= .,.. ••� I :: i ���, ;� ;�: ,�t;�. ' f I;l+' .. i i'� i �� _ _ � ,./: �• �,'• ' �•• '��� . i; �� , • r � ` ,.� ', f�� ,•G i m 9m. sew 93 Page 2/ADVISORY PLANNING COMMIfti. 1T£5: . April 24, 1990 . Commissionmember Voracek i ed if ;• fere were any prohibitions regarding the location next# taurant in the vicinity. Community Development Director •'bade::='#tun I responded that these prohibitions were covered by the licensing requirements in the Code. Commissionmember Nerkley asked if this was a new business for Ms. Aird. She responded that it was...and that it was 2400 square feet in size. Commissionmember Hoeft asked i' any::.: -boarding would take place other than that needed for surgery. The applicant stated no. Commissionmember Hoeft then requested;:that:ai� additional condition be added to prohibit overnight boat - 33 ::extept''ar medical purposes. Miller moved, Voracek seconded, the. motion to approve a conditional use permit to allow a veterinary clinic in a CSC (Community Shopping Center) district on Lot 41 Block 1, Town Centre 100 Sixth Addition located on the south side of Denmark Avenue in the north half of Section 15 subject to all applicable ordinances and licensing requirements and tiit::;::::nc. overnight boarding be allowed except for those clients requiring sac}eryAll voted in favor. PEERWOOD DOWNS ADDITI0N..;� ARQ.V8..:-; , Ewplum TQC. Chairman Graves opened they`:-'avext`'public hearing regarding a Comprehensive Guide Plan amenQQit changing the land use designation from D-2 (Mixed Residential -'approximately 29 acres) to D-1 (Single Family, a rezoning of 29.08 PD -R-3 - Planned Development - Townhouse Residential) and A (Agricultural) acres to R-1 (Single Family Residential) and a preliminary plat for 62 single family lots located in the northwest corner of the..:- ntersection of Pilot Knob Road and Deerwood Drive in the northeast :::::irter::;:::::?of Section 21. Chairman Graves also referenced the letter :.received from Rollie Crawford opposing the proposal. Community Development Director ale *4nkle presented the staff report and a summary of the application:'' Wayne Tauer (Pioneer Engineering for the developer) described the location of the site and explained how the existing trunk sewer line bisected the property. He stated that the developer had to design around it. He further stated that the variances were requested to save -trees and that a setback .variance was requested on Lots 1 through 28::: condition 3. He stated that the developer generally agreed with.•ail conditions. Mr. Tauer further discussed the road cwntwra::n ct:to the Horne property and stated that the grades were reg .I'S :::: :e +li�ined the lot sizes were in excess of 15,000 square feet on average :Omd that Joe Miller Homes would be building and developing the site. Page 3/ADVISORY PLANNING C0MMI5S1-bN'. *.=- 71'X3W- ........... April 24, 1990 Todd Franz, an adjoining ... *, had access concerns and referenced a property line dispute Jim Solie expressed concern with the lot size and the saving of trees. Dick Schuler (of.that be had tree loss .......... ............ concerns on the property. Jim DeVol asked how many trees would':be lost and also had lot size concerns. Assistant City Engineer Mike Foe'iri's"ich stated the condition 11 would provide sanitary sewer to the west- property line of the adjoining property. Community Development Director Dale Runkle explained that the property line dispute involving Franz was a private concern. Wayne Tauer gave a breakdown -::dT:.-:t.he various lot sizes and showed the Planning Co=,.ission which tree's would -:be saved and those areas in which they would be lost. Comm is s i onm4iber Merkley asked if a tree inventory had been done. Mr. .plied that it had been and discussed the various types of trees,::p;i:::the site with the audience. Brian Olson of Argus Devel-b"p"ment explained that the tree loss was similar to that property to the south of the development and that the tree survey had been provided to staff. Gary Horke (Keyland Homes) stated that larger lots would save more trees. Mr. Tauer replie.d.-that-'.the-:_Irconomics must be considered and that the developer was topography and was using a good design. Mr. Schuler stated that the 4t'reets*::::*::'-should be spaced further apart. Chairman Graves stated that:,:the Otdperty was currently Comp, Guided D-2 and could be twice as dense as the .". proposed development. Assistant City street spacing was give better traffic Engineer Mike Foertsch stated that the Deerwood adequate and that the roadways had been aligned to control. that this was the seventh e"venth version of the plan conjuncti tm . ' and the consultant and r e s t r i c t im"i ' t'I'" -'t"'h 6*:* sites. s Mr. Olson stated and was designed in that the developer was Page 4/ADVISORY PLANNING COMMI7E3i:M#�Es'!`ES'::: April 24, 1990 Mr. Devol stated that they'itWed V411:iy and that this should be parkland. Mr. Tauer explained h:::tkiawk Park had been dedicated from the prior PUD. John Rleiii'' '21ad further comments on park dedication. Commissionmember Voracek asked how many oaks would be staying. Mr. Olson replied that apprcximatly;;;.;i54� would be removed. Commissionmember Voracek questiflriefl::tie::ial of the homes. Mr. Olson stated that they would be in the $12:Q:":000.6fl to $170,000.00 range and similar in design to Cliff Ridge and.Sunrisi Hills. Commissionmember Voracek asked if the southeast cii;i-de-s$c (Street B) could be shortened. Mr. Tauer said he woul�i:;.eXamne.;tat possibility. Commissionmember Merkley asked if"tthe pads would be graded with the streets and that leaving them for the future homeowners to grade may be advantageous. Mr. Tauer stated that they would be graded with the streets and that custom grading did not :i ►i6rk..in a standard home development and would be much more expensive; ::::::;issionmember Merkley further questioned the location of the rete iz iag:;.wall and berming. Mr. Tauer showed the locations. Chairman Graves asked the ...;rieisc� for the setback variance. Community Development Direct oi.al'i"Runkle stated that the site line for the entire street was made uniform. Commissionmember Miller reiterated that the proposal was a down -zoning of the current Comprehensive Guide Plan, thereby allowing less intense development. There was further discussion regarding the comparison of lot size to the northern developments. Chairman Graves stated that the berm requirement was to be worked out with staff. Assistant City Er1*gneer::::::Mike Foertsch requested revisions to conditions 7 and 8 and ih::additional condition regarding the Water Quality Management Plan. Those changes were adopted by the Commission in their final condition list. Voracek moved, Hoeft. seconded, the motion to approve a Comprehensive Guide Plan amendment changing the land use designation from D-2 (Mixed Residential - approximatel::29 acres) to D-1 (Single 'Family). All voted in favor. Voracek moved, Hoeft secvd' :;#e:iot'on to approve a rezoning of approximately 9 acres from' ''A ''''AgiCu3tural) to R-1 (Single Family). All voted in favor. Page 5/ADVISORY PLANNING COI�IISSOfiIINfTT`ES::: April 24, 1990 NX Voracek moved, Hoeft secoridi*4 ': `:::U' ' -� motion to approve a Planned Development amendment of approximately 20 acres from R-3 (Townhouse) to R-1 (Single Family) within the Blackhawk Park Planned Development. All voted in favor. Voracek moved, Millerfi4})14,e ::::the motion to approve a preliminary plat for 62 single tam .Y. —s::located in the northwest corner of the intersection of Pilot::Knob'Road and Deerwood Drive in the northeast quarter of Section _21, subject to the following conditions: 1. These standard condit;iis "'of :at approval as adopted by Council action on September 15, 1987 shall be complied with: Al, Bl, B2, B3, B4, Cl, C2, C5, D1, E1, F1 and G1. 2. Additional landscape screening along the southeast cul-de-sac to block headlights facing Pilot,:Knob Road shall be provided. 3. The cul-de-sac lengths shall be approved as per the plan dated April 5, 1990. Five foot building. -:::setbacks to 25 feet shall be permitted on: Lots 1 through 28., :'�l�d.k."i; Lots 1 through 7, Block 2; Lots 3, 4, 9 and 12 through 16 , :::B:lock 3 . 4. The well and septic system shall be abandoned to City specifications on the house in the southeast corner of the development. 5. The development is required,::::::to submit detailed plans and specifications of the proposed retairi:ing wail construction for staff review prior to grading permit issuance.: 6. The development will be responsible for any damage done to this City's existing trunk sanitary sewer as a result of the development's activities. 7. The development is requ,#ed-..t*:::grovide a for the pond in the backyard:'::::;4re4::::::: adjacent to Pilot Knob Road. 1 cfs outlet control 8, 9 and 24, Block 1 Page 6/ADVISORY PLANNING COI+AiIf3i'#`#`E$ April 24, 1990 .. S. The development is requi"►l`:::*ravide a 1 cfs outlet control for the pond proposed in the south central portion of Block 2. 9. The development is required to provide a 3 cfs capacity storm sewer outlet to the landlocked::Iow:::area:::cr.�gted in the backyard area of Lots 4, 5 and 6, Block 1. 10. A 8 cfs capacity storm sew,x: is required for Street C at its intersection with Deerwood Drives+;.:•:•:•: 11. The development is required to provide an 8 inch sanitary sewer stub to the west line of the development along the north side of Deerwood Drive. 12. The development is regtiireo.::.Ioop the vatermain between the cul-de-sacs in Streets A and B. 13. A 60 foot wide easement..•::for the existing 33 inch trunk sanitary sewer which crosses the westerly portion of the development. 14. Temporary slope easements are required from adjacent properties where grading extends beyond the .:development. 15. The development is to compl,-"►::with-::: ;hose standards set forth for new developments in the Water Quart.y Kahagement Plan. All voted in favor. ADDITION - ■OII'1" MtN LAKES PAR Chairman Graves opened c hearing regarding a request for a Comprehensive :•. ndment and rezoning of approximately 13 acr g'1e Fa district and preliminary pl onsisting of 11'Iots 5located east of 3 �an north of Road abutting Inver Groves Hal hts to the east. NEEM ORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION DATE: NIAY 10, 1990 RE: SHERW'OOD DOWNS ADDITION - ARGUS DEVELOPMENT, ViC. The Adv4s^:-y Parks and Recreation Commission reviewed the above referenced proposal at its Mai 3, 1990 meeting and made the following recommendations: 1. That Lots 5-13 and 18-28, Block 1, Sherwood Addition be responsible for a cash parks dedication. That the entire proposal be responsible for a cash trailwa� dedication. KV:cr cc: Ed Kirscht, Engineering Technician VVucherpfennig, Planning Aide 1`iariene Zaleznicik, Planner I Agenda Information Memo June 5, 1990 FINANCIAL REPORT A. Adoption of 1989 Financial Report --The comprehensive annual financial report was prepared by the Department of Finance and audited by the firm of Deloitte and Touche. The financial report includes an organizational schedule, a letter from the Director of Finance and City Administrator summarizing the annual financial report and the breakdown of funds that summarize the activity and status of all financial transactions for the City during calendar year 1989. Enclosed for City Council is a copy of the comprehensive annual financial report and a letter from Deloitte and Touche addressing certain observations and recommendations. This information is enclosed without page number due to the length of the document. It is the recommendation of the City Administrator that the City Council proceed with the adoption of the comprehensive annual financial report as presented. Representatives of Deloitte and Touch will be present to answer any questions at the meeting on Tuesday. If members of the City Council would like a longer presentation by representatives of our auditing firm, arrangements will be made to consider a review during a future work session. ACTION TO BE CONSIDERED ON THIS ITEM: To consider adoption of the 1989 comprehensive annual financial report. BUD Agenda Information Memo June 5, 1990 CODIFICATIONI1990 ORDINANCES B. Codification, 1990 Ordinances --Several ordinances were adopted by the City Council since June, 1989 and require an official codification so that the language is properly inserted in the City Code document. In addition, there are two (2) proposed ordinances; the first is clarification of the temporary license fee for liquor contained in Chapter 5 and the second brings the reference to traffic laws up to date as referenced in Chapter 8. For additional information on the item and the proposed ordinances, refer to pages �Z through j Q'Z. ACTION TO BE CONSIDERED ON THIS ITEM: 1) To approve the 1990 ordinance codification as presented and 2) to approve or deny a) a temporary license fee for liquor, amending Chapter 5 and b) an ordinance bringing the reference to traffic laws up to date as amended in Chapter 8 of the City Code. /0/ MEMO TO: CITY ADMINISTRATOR ELDGES FROM: FINANCE DIRECTOR/CITY CLERIC VANOVERBEKE DATE: MAY 300 1990 SUBJECT: 1990 ORDINANCE CODIFICATION Representatives of the City Clerk's office, the City Attorney's office and Municipal Ordinance Codifiers met recently to review 1989 and early 1990 ordinances adopted by the City, as well as to review two additional proposed ordinances; first to make one clarification and secondly, to make one change to keep the City Code in compliance with State law. Since the last codification, the City has adopted the following ordinances: Effective No. Chapter Purpose Date 83 6 Golf Driving Range Licensing 06/15/89 84 7 Definition of Street/Hwy/Private Roads 06/15/89 85 9 Truck/Trailer/Comm Vehicle Parking 06/15/89 86 10 Dog/Cat - Public Protection 06/29/89 87 10 Dangerous Weapons - Hunting 08/24/89 88 11 Interim Use Permits 09/14/89 89 5 On -Sale Liquor Hours 10/12/89 90 3 Connection Charges - Water 10/26/89 91 3 Connection Charges - Storm Water 10/26/89 92 3 Connection Charges - Sanitary Sewer 10/26/89 93 6 Refuse Hauling 12/14/89 94 10 Refuse Storage, Deposit & Disposal 12/14/89 95 11 Conditional Use Permit Conditions 02/15/90 96 13 Park Trail Dedication 02/15/90 97 6 Pet Shop Licensing 03/01/90 98 10 Keeping Animals and Fowl 03/01/90 If you would like any additional information on these ordinances or if you would like copies, please advise. Attached are the two proposed ordinances. The first one is a clarification of the temporary license fee for liquor contained in Chapter 5. The City Code as written is not clear as to whether the fee is $150 daily or $150 total for up to three days. The new ordinance clarifies that question making the fee $150 for up to three days which was the intent, I believe. The second proposed ordinance merely brings the reference to traffic laws up to date and is made in Chapter S. Also attached is a copy of the revision memo as provided by the codifiers. It notes where the ordinances will be placed within the Code and provides some addition information. You will not that this codification process includes only these is referenced ordinances. Other ordinances which have since been adopted or are currently under consideration are not included to allow a clean cut-off point. Please let me know if you would like any additional information. V Financ irector/City Clerk cc: Liz Witt, Administrative Assistant Jim Sheldon, City Attorney EJV/kf �'t)3 REVISION MEMO - EAGAN e May 18, 1989 TO: Gene VanOverbeke, City Clerk FROM: Lorraine E. O'Reilly, Codifier RE: 1990 City Code Revisions We herewith hand you ordinances amending Chapters 5 and 8 of the City Code. You will note that the number has been left blank on each of the ordinances, but a number should be assigned prior to adoption and publication. The enclosed ordinances should be reviewed by yourself and the City Attorney prior to being submitted to the Council for its consideration. After the ordinances have been adopted and published, please forward published copies to our office so that we are aware of any changes which have been made in the City's review. The revision pages will then be prepared by our office for insertion in the Code. r =nDMrV Z A Codifier's Note will be inserted following Sec. 3.02 in preparing the revision pages referring the reader to the water, storm water drainage and sanitary sewer connection and availability charges set forth in Sections 3.06, 3.07 and 3.08. Ordinances numbered 90, 91 and 92, 2nd Series, will be inserted in preparing the revision pages. rpapTrp S A Codifier's Note will be inserted following the Sections of this Chapter setting fees to point out the fact that, in accordance with the 1989 amendment of MSA 340A.408, a 30 -day notice must be mailed to all affected licensees of an increase in license fees, and a hearing held. _ The bond requirement is being retained as discussed, and no amendment has been made -to Sec. 5.15 pending further review by the City Attorney as to gambling. Subd. 6 of Sec. 5.51 is amended to restate the fee for a temporary liquor license by deleting the reference to a daily fee. Ordinance No. 89, 2nd Series, will be inserted in preparing the revision pages. l D y CHAPTER 6 No amendment is being made to Sec. 6.35 relating to gambling pending further review by the City Attorney. Ordinances numbered 83, 93 and 97, 2nd Series, will be inserted in preparing the revision pages. f�WAnMV'D "7 Ordinance No. 84, 2nd Series, will be inserted in preparing the revision pages. r+vanMVM o Section 8.01 is amended to update adoption of MSA Chapter 169 by reference. rIIITMITLID o Ordinance No. 85, 2nd Series, was discussed as to whether or not Sec. 9.10 should be further amended to delete duplicated or conflicting provisions in this Section and No. 85. The decision has been made to make no change at this time. CHAPTER 10 Ordinances numbered 86, 87, 94 and 98, 2nd Series, will be inserted in preparing the revision pages. CHAPTER 11 Ordinances numbered 88 and 95, 2nd Series, will be inserted in preparing the revision pages. CHAPTER 13 Ordinance No. 96, 2nd Series, will be inserted in preparing the revision pages. c: James F. Sheldon, City Attorney (with copies of ordinances) ORDINANCE NO. , 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 5 ENTITLED "BEER, WINE AND LIQUOR LICENSING AND REGULATION" BY CHANGING A PROVISION RELATING TO TEMPORARY LIQUOR LICENSE FEES; AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code Section 5.51 entitled "Liquor License Fees" is hereby amended by changing Subdivision 6, to read: Subd. 6. The temporary liquor license fee is $150.00. Section 2. Eagan City Code Chapter 1 entitled General Provisions and Definit-ions Applicable to the Entire City Code Including Penalty for Violation" and Section 5.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim herein. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN CITY COUNCIL By: Its: Clerk Date Ordinance Adopted: By: Its: Mayor Date Ordinance Published in the Legal Newspaper: 1plo ORDINANCE NO. , 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 8 ENTITLED "TRAFFIC REGULATIONS" BY CHANGING A PROVISION RELATING TO ADOPTION OF THE TRAFFIC REGULATION ACT BY REFERENCE; AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 8.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code Section 8.01 is hereby amended, to read: SECTION 8.01. MINNESOTA STATUTES, CHAPTERS 168, 169 AND 171 ADOPTED BY REFERENCE. Except as otherwise provided in this Chapter, or in Chapters 7 and 9 of this Code, the regulatory and procedural provisions of Minnesota Statutes, Chapter 168, Chapter 169 (commonly referred to as the Highway Traffic Regulation Act) and Chapter 171, as amended through Laws 1990, are hereby incorporated herein and adopted by reference, including the penalty provisions thereof. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 8.99 entitled "Violation a Misdemeanor or Petty Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim herein. Section 2. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN CITY COUNCIL By: Its: Clerk Date Ordinance Adopted: By: Its: Mayor Date Ordinance Published in the Legal Newspaper: � 0 1 Agenda Information Memo June 5, 1990 City Council Meeting CONSIDER PETITION TO REMOVE STOP SIGNIJOHNNY CAKE RIDGE RD/FA ST HICKORY HILL DR. C. Consider Petition to Remove Stop Sign - Johnny Cake Ridge Road at East Hickory Hill Drive --The staff has received the petition enclosed on pages _ I LA through 1 a requesting the removal of the existing stop sign on Johnny Cake Ridge Road at East Hickory Hill. This sign was installed in response to Council action of January 16, 1979, in response to adjacent property owner concerns. Enclosed on pages through are copies of the appropriate minutes and issues pertaining to the original discussion. At the time, the stop sign did not meet any of the warrants identified in the Manual of Uniform Traffic Control Devices. With the recent completion of Johnny Cake Ridge Road to Diffley Road, Johnny Cake Ridge Road has now becoyne one of the primary collector streets within our community. Enclosed on page - pis a letter of response to the Petitioner informing them that this item would be heard by the City Council on June 5th. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny the removal of the stop sign on Johnny Cake Ridge Road at East Hickory Hill. � A PETITION STAP RT[aN I/We, the undersigned hereby petition the =Lwatwti stop signs on at the intersecio with :4, L ,- - City Council of the City of Eagan to I/we, request this '' iA&te14e44o& for the following reasons: Z. 2. f' i r, p Ed cs Thv *!nD „J cu f'ro� �fiv O n a1 3. 4. 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. 1. 2. 3. 4.� 5. 6. 7. 8. 9. 10. NAME (Please print and initial) ADDRESS S-.:p/a rM;vWAz4r4 �1WMWMMW—W • e ''� ��'r�A R / i ,�•^, CL 1 1 J r. •• , , • r U) LU• wLL•RO C i • + f qa J J 0 0 dil AL j 20 J � + •n ysao� Tr �7t ♦ �ijtT�� Q • � M ..1 • � / �i Ir < r • . � � yrµ • y rw _ V) JB a• r• • t CL i c• Affilu _SEEM0 _ • r Z Y - sm cc + • �� la4• r 1� --�- � r • Z if • • �q14 � Is p gas' soft Page 3 013 January 16, 1979 City Council Minutes WOODGATE HOMEOWNERS ASSOCIATION Mrs. Olga Zender and other residents of Johnny Cake Ridge Road in Woodgate Addition appeared and requested that the stop sign be installed at Johnny Cake Ridge Road and Hickory Hill. Mrs. Zender and others expressed their concern for the safety of the children and the need for a crosswalk in that location. Public Works Director Colbert and Police Chief DesLauriers recommended against stop signs too frequently on collector streets for even flow of traffic. A letter of December 13, 1978 by Mr. Colbert to the Woodgate Homeowner's Association was reviewed. Following discussion, Smith moved to instruct the Police Department to acquire a sample of speeds in the general area by the use of an unmarked car and following that to authorize a stop sign at the intersection of Johnny Cake Ridge Road and Hickory Hill for a three month trial period following with an evaluation to determine whether it should be retained; further, that the staff be instructed to coordinate with the Rosemount School District to determine whether possible revision of the school bus stops could be worked out. Wachter seconded the motion, all members voted in favor except Parranto who voted no. D 79-7 LEO .:IRrMT 4RAvL • . 4MOMAS E6AN MARK PARRAMTO JAMES A. SMITM THEODORE VVACMTER COVMCIL YE..sER• December 13, 1978 CITY OF EAGAN 2795 /ILOT RNOs ROAD EAGAN. MINNESOTA ■*122 1MOu►E AS••StoO Woodgate Homeowner's Association c/o Mrs. S. Zender 4558 Johnny Cake Ridge Road Ea An MN 55122 TMOW-S MCDOES CtTT Aor-..I{TRATOR ALYCE •OLKE Cm CLERK Re: Stop Sign Request, Johnny Cake Ridge Road and Hickory Hill Dear Mrs. Zender: As you recall, on November 15, 1978 Martin DesLauriers, Eagan Police Chief, and myself were invited to attend a homeowner's association meeting at your residence to discuss your concerted request for a stop sign at the above referenced location. At this meeting the homeowner's association indicated their concern of the excess of speeds of individual vehicles and their apparent problems in regard to safety for the pedestrians and children in the area. During the same meeting a request was also made for the installation of a stop sign on Johnny Cake Ridge Road at Walnut Lane because of a sight restriction problem from cars entering onto Johnny Cake Ridge Road. The Association's concern appeared to be highlighted by the fact of the frequent activity of children in the area combined with its pedestrian collection function for a school bus pickup location point. At this meeting Chief DesLauriers and myself presented our criteria and guidelines used in determining the proper placement of traffic control devices and enforcement once these were installed. The discussion also entailed comments from the association as to how particular individual characteristics of Johnny Cake Ridge Road should be taken into consideration and reviewed prior to making a determination on the justification of the installation of stop signs on Johnny Cake Ridge Road. Since the date of that meeting I have visited the site on five different occasions to review and evaluate the concerns raised at the meeting. After performing these on-site obser- vations and taking into account the special consideration that THE LONE OAK TREE ... THE SYMBOL OF STRENGTH A D GROWTH IN OUR COMMUNITY. Woodgate Homeowner's Association Page Two December 13, 1978 you pointed out, I cannot find any justification that meets or warrants recommending to the City Council installation of a stop sign to -control the traffic at Johnny Cake Ridge Road at either Hickory Hill or Walnut Lane. To do otherwise would be contrary to insuring the design and plans for traffic flow characteristics on Johnny Cake Ridge Road which will act as a collector street for the area between County Road 32 and County Road 30 on its completion and the development of the adjacent area. In response.to your concerns of problems with traffic entering onto Johnny Cake Ridge Road from Walnut Lane, we have indicated this as a problem intersection for our sanding and snow plowing operations. As for the safety of the pedestrians and children who travel along Johnny Cake Ridge Road, it is possible that a sidewalk could be constructed on petition and proper dedication of easements from abutting property owners who would be affected by such construction. This is the safest way to handle the safety problems of intermixing pedestrians and vehicular traffic within a traveled right-of-way. As for the periodic excess of speed violations that you witness, this must be treated as any other civil law violation and that is through continued enforcement by our Police Department. To help out these enforcement procedures, the Public Works Department will be installing "Radar Patrolled" signs to the existing 30 mph speed limit signs. It should be noted that indiscriminate and unwarranted placement of stop signs encourage accelerated starts and incomplete stops creating potential hazards. Studies have also shown that the driver's cruising speed is regained within 200 to 300 feet of the stop sign. The results of these numerous studies has concluded that stop signs do not reduce mid -block vehicular speed when they are used as speed control measures. Many streets in the City have similar occasional speed violations and if stop signs were continually erected with the intent to slowing down these few violators any type of uniform and consistent traffic flow would be lost. It is based on this information that the Public Works Department cannot justify the placement of a stop sign as you had requested. As for increasing the amount of Police surveilance it would appear that any increase may not be successful due to the apparent small percentage of violators and the limited manpower available to provide any extended surveilance that would be required to effectively curtail the apparent speed problem. Woodgate Homeowner's Association Page Three December 13, 1978 Since it appears that the majority of the traffic on Johnny Cake Ridge Road is local residents belonging to the Woodgate Homeowner's Association, it'might be helpful to periodically send out informational newsletters or flyers, etc., that could make them all aware of the problems created by their inter- mittent disregard of the existing speed limit. If you need any additional information or would like to discuss the matter further, please feel free to contact me at your convenience. Sincerely, � •v Thomas A. Colbert, P.E. Director of Public Works skk cc: Thomas L. Hedges, City Administrator Martin DesLauriers, Chief of Police OF 3830 PILOT KNOB ROAD EAGAN, MINNESOTA 55144.1897 PHONE: (614) 454$100 FAX: (614) 4548363 May 22, 1990 MS VICTORIA JABBRA 1590 MALLARD VIEW EAGAN MN 55122 THOMAS EGAN Mayor DAVID K GUSTAFSON PAMELA McQtEA TMA PAWLEhM THEODORE WACHTER Counal Members THOMAS HEDGES City Administrator EUGENE VAN OVERBEKE Crty Clerk Re: Petition To Removil Btoo AitIn *ohnny Cake Ridge Road Hickory Hill Lane Dear Ms. Jabbra: The City has received a petition from you and your neighbors regsesting the removal of the stop sign that presently exists on Johnny Chke Ridge Road with Hickory Hill Lane. This petition will be presented to the City Council at their meeting on June 5. I am providing you with information contained in our files regarding how this stop sign came to be. As can be Been from this information, this stop sign does not meet any of the warrants contained within the Manual of Uniform Traffic Control Devices which the City has adopted as our referenced guide for the installation of such signs. However, due to the strong feelings of the Woodgate Homeowners Association and its members, the City Council authorized the installation of this stop sign on APP—` n—ber Ye.A60s-rI A-, 1979 At that time, the City Council felt that with Johnny Cake Ridge Road being closed off to the north, this street functioned more as a local residential street than a community collector street. However, with the recent completion of Johnny Cake Ridge Road to Diffley Road (County Road 30) and the installation of a sidewalk along the west side and a bituminous trail along the east side, your petition has merits for consideration by the Council due to the need to provide for proper traffic flow on Johnny Cake Ridge while the concerns for pedestrian traffic .have been addressed with the installation of the sidewalk/trailways. )13 THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer May 22, 1990 Page 2 However, it is anticipated that there will be a strong request made from several existing residents to leave this stop sign in place. Therefore, the Council will need to know all the background information and positions in order for them to make the proper decision. The agenda for the June 5 meeting should be finalized by Friday, June 1. At that time, it would be helpful to contact the Administrator's office to determine where on the agenda this item will be heard. Since your name was the first to appear on the petition, I an assuming that you will share this information with other petitioners. Please feel free to contact me if you have any other questions or concerns regarding this process. Sincerely, bio ii=, Colbert, P. . Director of Public Works TAC/jj Enclosure jib Agenda Information Memo June 5, 1390 VARIANCEIPHELLIPS 66 COMPANY D. Variance, Phillips 66 Company, a 7 Foot Variance to the Required 20 Foot Parking Setback Along Duckwood Drive, Located on Lot 1, Block 1, George W. Giles Addition -- An application was submitted by Minnesota Valley Surveyors for Phillips 66 Company requesting a 7 foot variance to the required 20 foot parking setback located on Lot 1, Block 1, George W. Giles Addition. The variance is being requested because a miscalculation of 7 feet occurred during the laying out of the site for construction. As a result of the miscalculation, the underground tanks, pump islands and buildings were placed 7 feet south of the position indicated on the plan. By the time the mistake was found, the tanks, pump islands and building footings were in place. For additional information on this item, refer to a report pre ared by the Community Development Department enclosed on pages r a through . ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a 7 foot variance to the required 20 foot parking setback along Duckwood Drive for Lot 1, Block 1, George W. Giles Addition as requested by Minnesota Valley Surveyors for Phillips 66 Company. �(1 SUBJECT: VARIANCE APPLICANT: MINNESOTA VALLEY SURVEYORS LOCATION: LOT 1, BLOCK 1, GEORGE W GILES ADDITION EXISTING ZONING: GB (GENERAL BUSINESS) DATE OF PUBLIC HEARING: JUNE 5, 1990 DATE OF REPORT: MAY 24, 1990 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Variance to the required 20' parking setback located on Lot 1, Block 1, George W. Giles Addition. COMMENTS: During the process of laying out the site for construction, a miscalculation of 7.0' occurred. As a result of this miscalculation, the underground tanks, pump islands and buildings were placed 7.0' south of the position indicated on the plan. By the time the mistake was found, the tanks, pump islands and building footings were in place. The applicant is requesting a modification of the original plan in order to maintain proper traffic flow into and out of the site by reducing the size of the boulevard along Duckwood Drive by 7.0'. The applicant ceased all construction on the site when the 7.0' error was noted. Their new plan would decrease the boulevard by 7.0' without decreasing the landscaping or berming. In fact, they have submitted a revised landscaping plan in which they have added additional plantings for screening. If approved, this Variance shall be submitted to all applicable Code requirements. tib b. a kA � ns r In t 716 ! yy y r r � � S � f r F� r ru A b. a kA � ns r In t p5j yy ra3}'j � � S � f w r Agenda Information Memo June 5, 1990 CONDITIONAL USE PERMITINrAEGELE OUTDOOR ADVERTISING E. Conditional Use Permit, Naegele Outdoor Advertising, to Allow a Billboard Advertising Sign Located on Lot 14, Block 1, Eagandale Center Industrial Park #1, Along the South Side of I494 in the Nib' Quarter of Section 3—A public hearing was held by the Advisory Planning Commission at their January 23, 1990 regular meeting to consider an application as submitted by Naegele Advertising Company for a conditional use permit to allow a billboard advertising sign along the south side of I494 in the NW quarter of Section 3. At that meeting, the APC unanimously recommended denial of the conditional use permit. At the applicant's request, this item was continued until the March 6, 1990 City Council meeting. Unfortunately, that item was not placed on that agenda by the City. At that time the applicant requested another continuance to the April 17, 1990 City Council meeting. On April 13, the applicant requested another continuance until the May 17, 1990 Council meeting. On May 7, the applicant requested a continuance to the June 5, 1990 City Council meeting. For additional information on this item, please refer to a staff report prepared by the Community Development Department which is enclosed on pages !atethrough _L?-]. For the Council's information, enclosed on pages ! ;,7 gthrough ' 2 is a copy of the APC minutes regarding this item. Also for the Council's information, enclosed on page rV is a copy of a letter from Trammel Crow Company regarding this item. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a conditional use permit to allow a billboard advertising sign as requested by Naegele Outdoor Advertising along the south side of I-494 in the NW quarter of Section 3. �a SUBJECT: CONDITIONAL USE PERMIT APPLICANT: NAEGELE OUTDOOR ADVERTISING, INC. LOCATION: LOT 14, BOB 1, EAGANDALE CENTER INDUSTRIAL PARK EXISTING ZONING: LI (LIMITED INDUSTRIAL) DATE OF PUBLIC HEARING: JANUARY 23, 1990 DATE OF REPORT: JANUARY 17, 1990 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION f;:ARY: An application has been submitted requesting a Conditional. use Permit to allow a billboard advertising sign located on Lot 14, Block 1, Eagandale Center Industrial Park. BACKGROUND: Three similar requests have been denied on this location since 1985. Naegele Outdoor Advertising Company applied for a Conditional Use Permit which was denied on May 7, 1985. The City Council unanimously denied a request by Indy Outdoor Advertising Company on June 15, 1986. A resolution stating the reasons for the denial was prepared at that time. Breezy Outdoor Advertising was denied their request at the May 3, 1988 City Council meeting. The denial was based on the July 15, 1986 resolution. The current proposal is for a V-shaped, single pole, double-faced spotlighted advertising sign located on the Vendmark property along I-494 and Trapp Road. The sign would have 756 sq. ft. of signage area, 378 sq. ft. per face, and would be approximately 40' tall. The total height above I-494 would be approximately 781. If this sign was approved, no other pylon signs on Lots 1, 12, 13, and 15 and the unplatted 6.4 acre Outlot to the east would be permitted due to the 1,000 sq. ft. spacing code requirement. Code states: "No advertising sign shall exceed 250 sq. ft. in area, except when adjacent to limited access highways in which case the Council shall determine the maximum size after reviewing applicable conditions including terrain, safety factors, etc." Staff has received a letter from Opus Corporation opposing the issuance of this Conditional Use Permit. If approved, the Conditional Use Permit shall be subject to: 1. The height and square footage shall be determined by the City Council. 2. The one-time sign fee of $2.50 per square foot shall be required. FINANCIAL OBLIGATION - 3 -CU -38-12-89: Based upon the study of the financial obligations collected in the past and the uses proposed for the property, no charges are proposed. X23 co -Zi N m N r2 i 0 y m D z O Z Dm r C y� z G m v � N ASF . c � 07 AC r V i SS "s a O ca i m v mh -•= m-0 r 77 Z CAN Lofn V C.0 y Z V n 7 r. c — = C7 O m-0 r 77 Z CAN V V v ` n µ + m W 22Av z -_ m N 2.,A AC > r az z 0 �m m� 2,,A c: J m p ISy U) a z Z VENDMAR m ,oz U) m _ c 46n Z Z '' C LO AC w > m z GZ,OAC coa - - n m Z .78 D 3.28 AC CD 508 0o 2.A7 AC N D 535 Z 2 tis AC $ M p W ..5 C) r- 2.15- o �. A58 2 p3 Ac N J o m ., m wt Y-yqaAA SITE '?LRk i;,SS 7U -P? ORD woPouo Si 6N 4 t'AcI4 (► o' u" x '3 to' MvrRt1Si K c Sic - tit 9CM7 o yd TRDta GoA m Lt:vELTa Tap of TSE Sl&Pt , AcaE V. ROPFICII AWAWTO EMovEOEciSnAG- "0rA �R'Etv1 tS� s t CA" V Po to A,� per AL o F L , U. ?, ScAlf. :�{'= w 5 •t --TRAP'S 1 W) —0- L ort 14 %Wc k I 'Eskwo DAm Crorm , —rxousrrliAL KK IAOI i Zorowc- to LZ (Urpm IKD*Vi6AL) (P""K, w c Ler) L sas .l u I 0 4 ot � �i- Q O AOL IJ - L � o A Y J fl 7 W� OPUS CORPORATION January 9, 1990 Mr. Dale Runkle, Director Department of Community Development City of Eagan 3830 Pilot Knob Road Eagan, MN 55121 Be: Vendmark Advertising Sign Dear Mr. Runkle: k1a : no Aoo'e_s P D Box 15 M nr;_@a i s. M r rlcscla 55440 JAN i i iso It is rry understanding that the owners of the Vendmark office building at 1255 Trapp Road have again applied for a Conditional Use Permit to install a rooftop or pylon type advertising sign on that property. It is our further understanding that the proposed permit is scheduled to be considered by the Planning Commission in late January or early February. Please be advised that Opus Corporation, The Northwestern Mutual Life Insurance Company and ALSCOR remain opposed to the issuance of such a permit for such a sign as proposed by Vendmark. We have vigorously opposed the indiscriminate installation of advertising signs along the frontage petween Pilot Knob Road and Highway 55 in the past. We oelieve that this area represents an important front door feature to our Fa:'a::da1e Industrial Park which surrounds the Vendmark property. Theref orc•, every c f ort should be made and measure exercised to create as his:?: o'ual it\• image as possible for that segment of freeway frontage. We fc'''1 that approval of the proposed Vendmark sign would set a orecedcnt treat •.:.;.id be most inco�patible with the image that Opus and its partners hard to create for Eagandale. Therefore, we urge the Planning .and Council to dcny the Vendmark properties request for a I --..it 1-1- all .au'. l I'L i s i iq, sigli uu Liil'ir pl'OPL1"L\'. Than: you for your consideration. Sincerely, Robert A. Worthington, AICP Executive Director Governmental Affairs RAW/k k cc: Jim Sturm 5 :z� D':.o - k Wcuke_ 7 7pa P2^szC::'2 Page 5/EAGAN ADVISORY PLANNING COMMISSION MINUTES January 23, 1990 encouraged by the applicantfs desire to clean up the site. He questioned if it could be added as a condition. City Attorney Mike Dougherty explained that a condition could be placed on the issuance of the permit. Chairman Graves requested the addition of a condition regarding the clean-up. The applicant requested City support in cleaning up the adjoining lots. Commissionmember Voracek requested the addition of a condition regarding a landscape plan for two lots being submitted and approved by the staff. Commissionmember Miller requested the addition of a condition that the old pylon sign be removed from the site. Voracek moved, Merkley seconded, the motion to close the public hearing and approve a conditional use permit to allow a pylon sign on the Video Update site (Parcel No. 10-03000-020-25) located along Nicols Road, south of Diffley Road in the northwest quarter of Section 30, as requested by Mike Marushin, subject to the following conditions: 1. All applicable ordinances. 2. The one-time sign fee of $2.50 per square foot. 3. Before the conditional use permit is issued, a landscape plan for two lots must be submitted and approved by staff. 4. The old pylon signs on the site must be removed. 5. The lots shall be cleaned up and maintained. All voted in favor. CONDITIONAL U53 PBRMiT/1O►EORLR OUTDOOR kDVZRTIBXNG Chairman Graves opened the next public hearing for the evening regarding a conditional use permit to allow a billboard advertising sign located on Lot 14, Block 1, Eagandale Centre Industrial Park No. 1, along the south side of I-494 in the northwest quarter of Section 3. Page 6/EAGAN ADVISORY PLANNING COMMISSION MINUTES January 23, 1990 City Planner Jim Sturm updated the Commission on the background of the matter. Arthur Dean (applicant) informed the Commission that the request was a permitted use except for the size. He stated that signs had been approved in the past and that the spacing was 300 feet, not 1,000 feet. He added that the height could be reduced to 25 feet. He felt the Opus letter was inaccurate regarding the indiscriminate installation. He stated that the small landowner wanted the sign and that locale businesses needed the sign. He requested Commission approval of the application. Chairman Graves asked if the spacing was 1,000 feet. City Planner Jim Sturm stated that the spacing was 300 feet for pylon business signs. The applicant stated that it would not eliminate signs on non -adjoining lots. He stated it was an office park and that signs weren't used. Commissionmember Miller explained that the sign exceeded Code requirements. Commissionmember Merkley agreed and pointed out that the matter had been denied three times by the Council. He favored denial of the application. Commissionmember Voracek stated he did not want advertising signs in that particular corridor. Commissionmember Miller asked if there was an relevance to prior approvals. City Attorney Mike Dougherty pointed out that the situations were different. Commissionmember Voracek asked when the last billboard was approved. City Planner Jim Sturm responded that it was not within the last five years. Miller moved, Hoeft seconded, the motion to close the public hearing and deny a conditional use permit to allow a billboard advertising sign located on Lot 14, Block 1, Eagandale Centre Industrial Park No. 1, along the south side of I-494 in the northwest quarter of Section 3, as requested by Naegele Outdoor Advertising, for the following reasons: 1. The advertising signs would adversely affect the high quality image desired by the City of Eagan along the freeway frontage. 2. The prior rejections by Council for the same site. All voted in favor. I'ag March 1, 1990 Trammell Crow Company Carlson Center 601 Lakeshore Parkway Suite 200 Minnetonka, Minnesota 55343 612/449-4000 *4.f S Joh_ 4y The Hon. Tom Egan Mayor CITY OF EAGAN 3830 Pilot Knob Road Eagan, Minnesota 55121 Dear Mayor Egan: We have been asked to comment on the impact of the Naegele billboard located just west of our Eagan Woods development on I-494. The billboard has not been an issue with us, our tenants, or our potential tenants. In fact, we have used the billboard to advertise our Eagan Woods project. The image of Eagan and Mendota Heights is formed by the river valley, the bluffs, I-494 and the existing and future development. These elements are grander and longer lived than any sign in creating the image of this part of the city. It is our feeling this carefully regulated placement of billboards can be an important benefit to the landowner, to the businesses that advertise on it, and to supporting the commercial image of the district in which it is located. SRS:jmc Sincerely, TRAMMELL CROW COMPANY Stewart R. Stender Partner 13`� Agenda Information Memo June 5, 1990 CONDITIONAL USE PERMIT fBROWN MINNEAPOLIS TANK F. Conditional Use Permit, Brown Minneapolis Tank and Fabricating Company, to Allow a Temporary Office Structure on Lot 4, Robert O'Neill Homestead, Along Highway 55 in the South Half of Section 2--A public hearing was held by the Advisory Planning Commission at their last regular meeting held on May 22, 1990 to consider an application submitted by Brown Minneapolis Tank for a conditional use permit to allow a temporary office structure attached to the main office at 2855 Highway 55. The APC is unanimously recommending approval of a conditional use permit for two years. For additional information on this item, please refer to a staff report prepared by the Community Development Department which is enclosed on pages ? Zthrough2L� 0 For the Council's information, enclosed on pages �) through ),,% is a copy of the APC minutes regarding this item. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a conditional use permit to allow a temporary office structure as requested by Brown Minneapolis Tank and Fabricating Company. E SUBJECT: CONDITIONAL USE PERMIT APPLICANT: BROWN MMNNEAPOLIS TANK (BMT) LOCATION: 2855 HIGHWAY SS (IAT 4, ROBERT O'NEILL HOMESTEAD) EXISTING ZONING: LI (LIGHT INDUSTRIAL) DATE OF PUBLIC HEARING: MAY 22, 1990 DATE OF REPORT: MAY 9, 1990 • i' t 1 1-14W004 5 1 UVOWN U VU ,• 0 101 a yul APPLICATION SUMMARY: An application has been submitted requesting a Conditional Use Permit to allow a temporary office structure attached to the main office. COMMENTS: Due to rapid expansion in 1984, the applicant had wished to temporarily attach a 750 sq. ft. trailer to their existing office space. The trailer was to be used for temporary office space until the company had a better idea of future expansion needs. On October 2, 1984, the City Council granted a Conditional Use Permit limited to two years to BMT for a temporary office trailer. In May of 1988, the City Council granted another permit limited to two years and because this permit will expire shortly, the applicant is requesting another Conditional Use Permit to allow for the continued use of the temporary office structure. BMT is currently requesting a 10 -year term with this Conditional Use Permit. The temporary office space is a 750 sq. ft. trailer attached to the company's main office by a covered walkway. If approved, this Conditional Use Permit shall be subject to the following conditions: 1. The office trailer is temporary and shall be limited to a length of time deemed appropriate by the City Council. �3z FINANCIAL OBLIGATION - 2 -CII -4-4-90s 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 sade to the City's utility system based on the submitted plans. Improvement Proj Use State Quantity Amount None $-p- =0 090 ?60 =s ,lE NE \ t 4W L'IISIJCIL. •f NCP` N- I 1 . • �1 (' `. �. CST I • `x.00 �. � K[MNCTN • 4<G � Tpr vt ��Q. K fYil.lf/�i 1 9z tl;Ev�Ni NE PARK CI n w RD !IE c y Ot9 ET ^T e2 2T. // pCJj ♦ \ C PCt i a lot V p CC KINMES bF A REGULAR "METING OF THE ]KAGAN AD."SORY PLAMPOG COMMISSION A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, May 22, 1990 at 7:00 p.m. at the Eagan Municipal Center. Present were sambers....Graves,.....Vq)rAcek, Miller,, Hoeft, Gorman and alternate Staehli. Mem."�*"':'::--�-;.---.iy 0—T Markley were absent. Also . AN. ........ I... Dale Runkle, Assistant present were Community Deve opmexit' ' "DireCtor City Engineer Mike Foertsch, and City'Attor-ney Mike Dougherty. Chairman Graves noted tEaft Items-­C'and H on the Agenda had been continued. Voracek moved, Hoeft seconded, the motion to approve the Agenda as presented with the exception of Items C and H which were to be continued to a future Advisor.-y::.)P.;anning Commission meeting. All voted in favor. ................... MZ Voracek moved, Miller sec6tde4.`::*:tht­ motion to approve the April 24, 1990 Advisory Planning Com='4:6-sibn minutes. All voted in favor. Chairman Graves then explained the Advisory Planning Commission procedures to the public. CONDITIONAL USE PERMIT - BROWN MINNEAPOLIS TANK 9 FABRICATING CO. Chairman Graves opened hearing for the evening regarding a conditional use perm4.t *to......'allow a temporary office structure on Lot 4, Robert O'Neil Hbiimestd!;ad, along Highway 55 in the south half of Section 2. Community Development Director Dilt Runkle summarized the application for the ' Commission and presented the background information. Member Staehli asked why the applicants were requesting a ten-year extension. Commissionmember Hoeft`:.requested background from Mr. Runkle. Mr. Runkle explained the reason for the permit and the use proposed. Commissionnembat-::::S.tii-:i�hl.*i.,�::V".t ....... that ten years was too long. Commissionmember Vora . that two years was sufficient. Commissionmember Miller stated. -that a two year extension was consistent with past practice of the Ci0thcil. �3� Page 2/EAGAN CITY COUNCIL May 22, 1990 Commissionmember Hoeft asked if a special use could be applied to this application instead. City Attorney Dougherty stated that a conditional use was more appropriate because it was provided for in the zoning code. Chairman ..Graves atated....that when this application comes before the Council, t1i'1*1.. nA4*:-:-:-:-:i--i-.0.Uid reflect that the APC is concerned about the on-going use. Miller moved, Staehli sec.04'ded, :::.tbe notion to approve a conditional use permit to 4.110w::::;*&.-:�empo�..'r.ai-y office structure on Lot 4, Robert O'Neil Home * 55 in the south half of Section 2, subject to the following coh'ditions: 1. The office trailer is temporary and shall be limited to two years from the date of approval by the City Council. All voted in favor. ................ Member Voracek noted that the :j.p4nt was not present and that the staff should notify the appl*cant­to".'appear at the June 5 Council meeting. WAIVER OF PLAT AND SAM ROCKWOOD Chairman Graves opened the next public hearing for the evening regarding a waiver of plat to divide Lot 2, Block 1, of Rockwoods Addition, into two lots located on Lakewood Hills Road north of Cliff Road in the southeast quarter of Section 26. Community Development Runkle provided an application summary and presented the--.-staff-.:.report. Sam Rockwood (applicant) gave i::::backg#... .0und of the history of the property. He described the terrain aiihiid st6t-Od that he objected to the financial obligations. .... Chairman Graves noted that the Council deals with the assessment issue. Voracek moved, Hoeft seconded, the m#.. on to approve a waiver of plat to divide Lot 2, Block 1, Rockwoods'**Iddition into lots located on Lakewood Hills Road T::-.*:R"O in the southeast quarter of Section 26, subject to the-d1:1bW1Mc : tion ditions: 1. Recording with the County withih.:,:;gixty (60) days of Council action. Agenda Information Memo June 5, 1990 WAIVER OF PIAT f,]ANE AND SAM ROCKWOOD G. Waiver of Plat, Jane and Sam Rockwood, to Divide Lot 2, Block 1, of Rockwoods Wood Addition into Two Lots Located on Lakewood Hills Road, North of Cliff Road in the SE Quarter of Section 26--A public hearing was held by the Advisory Planning Commission at their last regular meeting held on May 22, 1990 to consider an application submitted by Jane and Sam Rockwood for a waiver of plat to divide Lot 2, Block 1, of Rockwoods Woods Addition into two lots. The APC is recommending approval of the waiver of plat subject to conditions in the staff report. For additional information on this item, please refer to a staff report prepared by the Community Development Department which is enclosed on pages /� through 4� For the Council's information, enclosed on pages through /`T 4(7/is a copy of the APC minutes regarding this item. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a waiver of plat for Jane and Sam Rockwood for Lot 2, Block 1, Rockwoods Woods Addition to divide that lot into two lots. SUBJECT: WAIVER OF PLAT APPLICANT: JANE & SAM ROCKWOOD LOCATION: LOT 2, BLOCK 1, ROCKWOODS WOODS ADDITION EXISTING ZONING: R-1 (SINGLE FAMILY RESIDENTIAL) DATE OF PUBLIC HEARING: MAY 22, 1990 DATE OF REPORT: MAY 911990 COMPILED BY: COMMUN TY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Waiver of Plat to divide Lot 2, Block 1, of Rockwoods Woods Addition into two lots. EXISTING CONDITIONS: Lot 2, Block 1, Rockwoods Woods Addition consists of approximately 4.1 acres and there is a home on the northern portion of the lot. This home was built in 1976 and is occupied by the applicant's daughter. The area has individual wells and on-site sewer systems. COMMENTS: The Rockwoods originally owned approximately five acres of unplatted property at this location. In 1976, they built a retirement home (now occupied by their daughter). In 1988, they platted the property and sold an acre (Lot 1, Block 1, Rockwoods Woods Addition) to their son who built a home on this parcel. The Rockwoods are now nearing retirement and have realized that the 'retirement home' built in 1976 is too small to accommodate their needs. Therefore, they are seeking a Waiver of Plat to divide the 4.1 acre Lot 2. As proposed, the split would provide the existing home with an approximate 2.3 acre lot while creating a 1.8 acre parcel approximately on which the Rockwoods plan on building their home. The two existing lots have direct access to Lakewood Hills Road which is a platted, privately maintained, road. The proposed Waiver will create a lot that also has direct access to said road. If approved, this Waiver of Plat shall be subject to: 1. Recording with the County within 60 days of Council action. 2. All other applicable Code requirements. l39 FINANCIAL OBLIGATION - ROClCWOODS WOODS WAIVER OF PLAT: Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule. Improvement proj Use Rate Quantity Amount Sanitary Sewer Trunk 241 SF $1,435/A .73 A $1,048 Water Trunk 241 SF 1,450/A .73 A 1,058 Storm Sewer Trunk 444R SF .053/SF 69,772 SF 3,907 i f I / AA! S /LIE ItII�IaI SA�l//,l. J- �� NE Ilst $6,013 r .c — •.11 ,iy npp—.Ljon Sas 6 Jane Rockwood 965 Lydia Drive Roseville, NN 55113 Sheet 1 of 3 DELMAR H. SCHWANZ %ASO wm c.w me ft.0— 14750 3OUTN ROBERT TAIL ROSEMOUNT• MINNESOTA MON 4 VQ32 17N SURVEVOR•S CERTIFICATE 167.24 569039'40"Wr7'I _- 0�Afr4t°`i=, \.'1 •` • '1f �t` + ice— 1742— — — —.r * ^ �� •-- SouTNERLT ExTENSION OF EAST LIME DF S11EFf1ELD , 17571 549°Ss,05,+R i 1. 41701 VER CERT No 454461 ~ \ \ � SNORTHEC. 26, UNE of , ROE. . SE 1/4 RTMERLr E=TEk5r0u ON' wEST+' L SEC.2E,TwP 27,RGE. 23 1E LOT 1,wIL0ERNESS RETREAT I c I \ L'/ Z 1 O o a TRACT A t \ l F \ j Wi Ir 14.6 C � ¢ r 0 OJ F I o W , - Ir F \1, \ r E W 111j j1 \ S � m CIVk / - O�+ t i0 o W � SURVEY =F I I 11 LINE W V WATER ELEVATION AS OF NIR- II AUGUST, 1987 r.883.6 Wam �� ✓ I r�� (N.G.V.D. 1929) a � � �1l_g I = > N _• 1 f 2 NV o f O a f � 1 " TRACT B Q 'V JEAST _.i 2 • N 5°24'24" E J4dJ. \ / �• i O t V41068 c^' N 89056'40" • 60 < /1_ 23500 (J N = N O0 t n°neI anal tnn mn °wv°y. Vi°� a r.pen .n Or°°°r°d DT T° a v.er "T 41-100 5.00r n,en 8.41 RHl 1 °m ° duty A°ginre4 U.a Swv.ror yr le• M° 1°n of IM Sln° of Y,nrrw°1■ 04-11-90 DNwr.N >chwenr a"bot X Dn°a Mw,wop Rprb°tbn No. N2S U OELMAR H. SCHWANZ ar rK� e tPT.t MInY n(1MnT InM tY1•PttAMI. rM•q.pTi•� h1/tt►1tN tlo""(RI ct11Tw ICATt '•i !, t I �.ITit — — _.. __ ._ . T _ __` ��l711I1(4T t•TCRION Cr tntT l•[ Or prWILO „1„[•IT ttr[rTlgn M •tll� �' I.mt K■ "nT r•1 °.n441 r` ,\ �laTll Vw A WE M R 1/4 Ir t.1 1, ••11 Ni •NTPT nt rT,T°I I ` \ !tt H•TOP I/, *at Is _ t � \ tet: •, d. PRIOR ASSESSMENT 1 ;:{•: '• 3:• lo • Y. 7• 1 ! ^ :��•' 7.x(,1,. r. '":'::. :�.:.. •..� �� ; \. \ — ' ': GIL \� t ;�;,� .. •.}:•t:': :': :•: :'•''.�. � IS Al— N:Kr;•:::•: :•:....::::•:: 'A' :.•...:.:.. :.•.:: \ WnTEt1 ElEvntlOr( A-.9or . r. ,� l •:`•: t:• AousT, 1581: iAD a �• I1 ��;; ::•i:•Ta: • � r: 1 IM.D V.D 1!291 L J .'! i II V:j: Y%;R• '• :' ;:;:;::::' �: � ':; l:t ::'. � :;:S J�4JJ" / • i 1 • FINANCIAL OBLIGATION ROCKWOODS WOODS WAIVER OF PIAT STORM SEWER TRUNK u /.'•. 111, IM ..111 nl .^•ham 1 n( 7 DELMAR H. SCHWANZ 1•F1 bIrrY M�•Ilr t■M /■1!Mfl�lrl s■1■N•O7•f•sr •r71•lslM• 91NIN T[Nlf ft11 TNIC�T9 +•Ij •r• . I =i,:=— — --- -- -- `- --` _�founelgf tSTt"SDN Cr t•lr t•It tM sll(rrl(rn — — '--n�— — I• ■I 7 tilt NSgM A ■ il Ilrof K■ et■t nl f••4.1 ,\ •.♦ `mm," 1Lt 7 SVt Or 9T IN •• 1 Ste Ts,l■► T7,■st is ' n lm 1, ■w M•rry •E LM [ar M[.' I \ � r♦ \ r1. • \ rl' I •' I a y�,�''1► y, O w TRACT A / 11•; �•,.. �-.,1 •, `,, vr t �i, r1 - le ! �'%// •lilt!./,; 11 d1 � r i ..:: - ■ [7 "I 1I �•^=i'•'�'•'"'��'•""'"'''\ WATER ELEVATIOu AS Or `► I (. I ;::• '•:ti :':v:• AVGVSTI 199791139 �r 1 ;.; •! :: 1 (N.0 V.0 19291 s � •::.�.::• •::: � ...... N99°39'•0" { se -i cto K S •' ' / O FINANCIAL OBLIGATION ROCKWOODS WOODS WAIVER OF PLAT WATER TRUNK SANITARY SEWER Page 2/EAGAN CITY COUNCIL MI May 22, 1990 Commissionmember Hoeft asked if a special use could be applied to this application instead. City Attorney Dougherty stated that a conditional use was more appropriate because it was provided for in the zoning code. Chairman-.Qrsv�es:.rtate:d..:.that when this application comes before the Council, ttt;:;mriteid reflect that the APC is concerned about the on-going use. Miller moved, Staehli seco"ed, #ie motion to approve a conditional use permit to m1,l,ow::�*'temp;orAry office structure on Lot 4, Robert O'Neil Homestead;:?:ii-.i:j-aiig ::: $ giiway 55 in the south half of Section 2, subject to the following conditions: 1. The office trailer is temporary and shall be limited to two years from the date of approval by the City Council. All voted in favor. Member Voracek noted that t2i :415jlvant was not present and that the staff should notify the applicant io appear at the June 5 Council meeting. WAIVER OF PLAT:::'.::.%TM AND SAM ROCKWOOD Chairman Graves opened the next public hearing for the evening regarding a waiver of plat to divide Lot 21 Block 1, of Rockwoods Addition, into two lots located on Lakewood Hills Road north of Cliff Road in the southeast quarter of Section 26. Community Development ?t31rca:::::: Runkle provided an application summary and presented the.:::staff:.:.Feport. Sam Rockwood (applicant) gave a�*:::backgrpund of the history of the property. He described the terrain aid stated that he objected to the financial obligations. "" Chairman Graves noted that the Council deals with the assessment issue. Voracek moved, Hoeft seconded, the motion to approve a waiver of plat to divide Lot 2, Block 1, Rockwoods':*,Addition into lots located on Lakewood Hills Road north:::icf:;)ff:::Jcr3t3 in the southeast quarter of Section 26, subject to the f-C11b5Fi 7-bi hditions: I. Recording with the County withiii::;9ixty (60) days of Council action. �3 Page 31 AGAN CITY COUNCIL NIMES •-• May 22, 1990 2. All other applicable code requirements. All voted in favor. THE VDODLANDS WORTH".- ' RCMIRT '#2 GSTROM COliPAaTI$8 Chairman Graves next opened:: -.;the public bearing regarding a Comprehensive Guide Plan ameiid�ent, ;::;: a rezoning and Planned Development amendment frog:::: ir.rj&tii.ltt�r? j' and Planned Development Multiple to Planned Development and:'•apTeliminary plat consisting of approximately 57 acres located west of Elrene Road and south of Yankee Doodle Road in the west half of Section 13 and the northeast quarter of Section 14. Community Development :.:.:..Director Dale Runkle summarized the application for the Co=is'ss;ion and presented the background information. Bob Engstrom (applicant) :introduced:::":the development team. He outlined the proposed uses and heti:::thd::Various road alignments. Jack Buxell (arch itect)::-:.:''-::d6tai led how the plan was derived. He stated that the terrain was bowl -like and not conducive to single family development. He discussed the site's trees and stated that it wasn't heavily wooded. He stated that the developers were in the process of surveying the white oaks on the property. He further stated that the north area.:.caf..:.the:.;.sit,e,%yas open. He presented slides of the site and told the CC is sazpi :::tiia." ::::single family lots would be ... ....... one acre in size. Ross Peppercorn (builder) detailed:::::::the design of the buildings and presented slides to the Commisg.' o for:::their information. Robert Engstrom then recapped the elements of the plan and outlined the potential pedestrian system that would connect the various areas. Chairman Graves asked Mike Foerts if the trailway was still being planned for the east side of ::lrene Road. Assistant City Engineer Mike Foertsch stated::::tbat.: the,:..paster plan still showed the trail on the east side Q::::_??$:>::?'eiirman Graves then asked Mr. Engstrom what neighbor concerns were expressed at the neighborhood meeting. Mr. Engstrom stated that the:: ioposal was well received by the neighbors. Agenda Information Memo June 5, 1990 THE WOODLANDS NORMCOMPREHENSIVE GUIDE PLAN AMENDMENT REZONING/PLANNED DEVELOPMENT AMENDMENT RELIMINARY PLAT H. Comprehensive Guide Plan Amendment, a Rezoning and Planned Development Amendment from A (Agricultural) and PD R4 (Planned Development Multi -Family Residential) to PD (Planned Development) and a Preliminary Plat Consisting of Approximately 57 Acres for the Woodland North Addition Located West of Elrene Road and South of Yankee Doodle Road in the West Half of Section 13 and the NE Quarter of Section 14--A public hearing was held by the Advisory Planning Commission at their last regular meeting held on May 22, 1990 to consider separate applications as submitted by Robert Engstrom Companies requesting a comprehensive guide plan amendment, rezonings from R-4 and Ag, a planned development amendment from R-4 to R-1 within the Gopher Eagan Planned Development, and a preliminary plat for Woodlands North consisting of approximately 57.9 acres located along the west side of Elrene Road and north of the Woodlands Addition. The APC is recommending approval of the comprehensive guide plan amendment, the rezoning to a planned development and the preliminary plat subject to a planned development agreement and capping density at 274 units. For additional information on this item, please refer to a st ff report prepared by the Community Development Department enclosed on pages ccr c ,2 t rough _J -?D For the Council's information, enclosed on pages 12..Z through is a copy of the APC minutes regarding this item. The Advisory Parks and Recreation Commission will review this item at their June 7, 1990 regular meeting. Any action taken on this item by Council should be subject to recommendations from the APRC from the June 7, 1990 meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a comprehensive guide plan amendment, a rezoning and planned development amendment and a preliminary plat for Woodlands North. SUBJECT: COMPREHENSIVE GUIDE PLAN AMENDMENT, PLANNED DEVELOPMENT AMENDMENT, REZONING, PRELIMINARY PLAT (WOODLANDS NORTH) APPLICANT: ROBERT ENGSTROM COMPANIES LOCATION: W 1/2 OF SECTION 13, NE 1/4 OF SECTION 14 EXISTING ZONING: RA (MULTIPLE), R4 WITHIN EAGAN PLANNED DEVELOPMENT & AG (AGRICULTURAL) DATE OF PUBLIC HEARING: MAY 22, 1990 DATE OF REPORT: MAY 17, 1990 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: Separate applications have been submitted requesting a Comprehensive Guide Plan Amendment, Rezonings from R-4 (Multiple) and AG (Agricultural), a Planned Development Amendment from R-4 to R-1 within the Gopher Eagan Planned Development, and a Preliminary Plat consisting of approximately 57.9 acres located along the west side of Elrene Road and north of the Woodlands Addition. COMPREHENSIVE PLAN: The subject site is designated in the Comprehensive Land Use Guide Plan for D -I Single Family Residential (0-3 units per acre) and D -III Mixed Residential (6-12 units per acre). The proposed residential development consists of single family lots at a density of less than one unit per acre, duplex units at a density of approximately four units per acre, and apartment units at a density of approximately eight units per acre. This proposed project would therefore be consistent with D -I, D -II Mixed Residential (0-6 units per acre), and D -III designations. Portions of the subject site are consistent with the existing designations. However, a Comprehensive Guide Plan amendment to change the land use designations of (i) approximately 10 acres from D -III to D -I, (ii) approximately eight acres from D -I to D -II, (iii) approximately eight acres from D -III to D -II, and (iv) approximately 10 acres from D -I to D -III, is necessary for overall project consistency with the Comprehensive Land Use Guide Plan. The proposed designations would be generally compatible with the adjacent residential designations to the north, south, and west. The West Publishing project proposed for the adjacent IND (Industrial) designated area to the east of the subject site has made provisions for a 150' buffer area along Elrene Road. This buffer area should assist in appropriate transitions between the residential uses in the proposed Woodlands North development and the office/industrial uses in the adjacent West Publishing development. Internal to the subject site, prudent site design and orientation should be incorporated to assure appropriate transitions between the varying residential densities. EXISTING CONDITIONS: Currently, there is only one homesite in the proposal with an exception containing another homesite along Elrene Road. The applicant hopes to acquire that area and include it in this plat. The site varies from open rolling grassland to dense woods primarily in the southeast portion of the plat where single family homes are proposed. Adjacent land uses are Light Industrial zoned West Publishing on the east side of Eirene Road, 10 -acre Agricultural lots in the Wescott Garden Lots to the west that were platted in 1899, the R-3 Wescott Hills Townhouses and the Preliminary Platted Wescott Square Townhouses proposed by New Horizon Homes to the north and the Woodlands Addition platted by this applicant to the south. PLANNED DEVELOPMENT: This proposal consists of three housing types: 12 -single family lots on 15.5 acres varying in size from 21,700 sq. ft. to 118,800 sq. ft. They will be located on two cul-de-sacs extending west from Elrene Road in the most heavily wooded area of the site. The anticipated housing costs would be in the $300,0004500,000 range. No driveway access to Elrene Road is proposed. All R-1 Code requirements have been satisfied and the gross single family density is .78 units per acre. 62 duplex style units are proposed on the northerly 16.6 acres. These units will look like the Country Home quads in the Thomas Lake Woods Addition along the south side of Mallard Drive, just west of Thomas Lake Road. The architect is the same. The buildings were reduced from a quad to a duplex style to reduce the scale. The landscape plan ties the units together very well through the individual foundation plantings and an overall street tree planting plan. The landscaping plan exceeds both current and proposed landscape policies and ordinances. However, staff would recommend additional plantings along Trails End Road and along the south side of Kost Road for privacy. Code requires a 25' building setback along public streets. All buildings meet that requirement except for a few that are 20', however those are designed so that a three -car garage could be constructed. All other setbacks meet Code requirements. The gross density is 3.7 units per acre. Outlot A (25.3 acres), apartment area, is being proposed to have a cap of 200 units, a density of 7.9 units per acre. For comparison purposes, the Boulder Ridge Townhouses are 7.2 units per acre. While the site plan shows five 40 -unit buildings for massing purposes, no development plan is proposed at this time. The goal is to keep large, open space lq� areas regardless of the building style proposed at the time of • development. This area will be reviewed by the Advisory Planning Commission and City Council in the future before any development would occur. The current -* 37 acres of R-4 zoning along Elrene Road at 10 units per acre would have provided 370 housing units. The total number of units in the Planned Development is 274 with a gross density of 4.8 units per acre. The single family area will be developed as soon as possible and the R-2 area is intended to begin to develop this fall. The multiple family area has no set timetable to develop. AIRPORT CONSIDERATIONS: This proposal does not fall within the Metropolitan Council's Noise Policy contours, but it is close enough (1/4 to 1/2 mile) to address the issue. This was discussed with the applicant at the staff review meeting. Since aircraft currently fly further south than they were when the contours were developed, noise may be considered to be intrusive by some of the project's residents. Therefore, while we cannot require the developer to meet Met Council standards, it would be appropriate to share with him ways to abate the noise within the units. By considering incorporation of such elements as chimney caps, elbows, and vents, and similar features, the sound environment of the units may be substantially improved without considerable cost to the project. !Jg GRADINGIDRAINAGE/EROSION CONTROL: The single family residential lots on Blocks 1 and 2 of this proposed development incorporates the hilly terrain and wooded areas along the west side of Elrene Road. The maximum elevation differential is approximately 701. The preliminary grading plan proposes to do a minimal amount of grading to construct the streets for Blocks 1 and 2. The developer proposes to use individual lot grading to save the trees in this area. The surface water runoff from Blocks 1 and 2 will be directed to storm water ponds JP -14 and JP -33. Ponds JP -14 and JP - 33 are designated ponding areas in the City's Comprehensive Storm Drainage Plan. These two ponds are drained by a lift station and force main which convey the flow out of the ponds to the Woodlands storm sewer system and then to Pond JP -31. The proposed storm sewer on cul-de-sac B shall be designed to drain the land -locked low areas on Lots 5 and 7 of Block 2. The final grading/drainage and utility plan requires all storm sewer pipes constructed to the normal water level of the pond in this area or the storm sewer shall connect to the proposed storm sewer in Elrene Road. Trunk storm sewer to serve this area is proposed under City Projects 585 and 589. The preliminary grading plan for the multi -family residential lots on proposed Blocks 3 and 4 along the south side of Kost Road proposes maximum cuts of 15' with maximum fill of 141. The surface water runoff from the northeast portion of proposed Blocks 3 and 4 will be directed to the proposed storm sewer on Kost Road and Elrene Road. The surface water runoff in the northwest corner of Blocks 3 and 4 will be directed to the proposed storm sewer on Kost Road which will drain westerly to an existing 33" storm sewer in the Wescott Square development. The runoff from the central portion of Blocks 3 and 4 will be directed to a proposed pond in the southwest corner of Block 3. An outlet will need to be provided for this pond to the north to the existing 33" storm sewer in the Wescott Square development. The design of this pond shall meet the requirements as identified in the City's Water Quality Management Plan. The development will be responsible for installing and maintaining erosion control measures in accordance with the City's erosion/sediment control manual standards. UTILITIES: An existing 9" sanitary sewer is available to serve Blocks 1 and 2 within Elrene Road. With the street grade as proposed on cul-de-sac B, the sanitary sewer on the west end of the cul-de-sac will be only. 41 deep. Staff recommends that the street grade shall be raised to provide adequate cover over the proposed sanitary sewer on cul-de-sac B. The maximum depth of the proposed sanitary sewer on cul-de-sac A with the street grade as proposed will be 9' which will be adequate. A 16" trunk watermain of sufficient pressure and capacity is located along Elrene Road. City Project #589 is proposed to provide watermain stubs and sanitary sewer stubs for the two cul- de-sacs on Blocks 1 and 2. 14� Sanitary sewer service for Blocks 3 and 4 is readily available from an existing 12" trunk sanitary sewer on Kost Road. The preliminary utility plan proposes to connect to the 12" sanitary sewer in two locations and this layout will adequately serve the proposed development. City Project #589 will be providing an 8" watermain on Kost Road and three watermain stubs to the south for the Woodlands North development. The proposed watermain layout for Blocks 3 and 4 will provide a looping system that will provide adequate fire protection and water supply. All existing wells and septic systems on Block 1 - 4 shall be plugged and abandoned according to Department of Health and City requirements. STREETS/ACCESS/CIRCULATION: Access to Blocks 1 and 2 will be provided from Elrene Road which is proposed to be upgraded through this area to a urban section bituminous street with concrete curb and gutter under City Project #589. Access for Blocks 3 and 4 will be provided from Kost Road which is proposed to be upgraded to a 32' wide bituminous street under City Project #589. This development proposes to construct a looping road from the intersection of Mike Collins Drive and Kost Road to the south and then to the east and then connecting back to Kost Road just east of Elrene Road. This street system is proposed to be a 50' wide right-of-way publicly maintained street. City code requires that the minimum street width be 28' face to face. This development is proposing to construct a concrete walk along the southerly side of the looping street in Blocks 3 and 4. Staff recommends that the concrete walk be extended along the south side of Kost Road from the easterly connection to Elrene Road. EASEMENTS/RIGHT-OF-WAY/PERMITS: Sufficient right-of-way and drainage and utility easements shall be dedicated for the proposed streets and utilities that will be needed to serve this development. Additional right-of-way will be required at the southeast corner of the intersection of Trails End Road and Kost Road to provide for a 20 mile per hour design speed for the curve of the street at that intersection. In addition, temporary slope easements will be needed along Kost Road and Elrene Road to upgrade these streets under proposed City Project #589. This development shall be responsible for insuring that all regulatory agency permits are acquired prior to final plat approval. The wetland along the south side of Kost Road at the Mike Collins Drive intersection is included on the National Wetland Inventory Map. Therefore, a Corps of Engineers permit will be required before any grading work can begin in this wetland. Also, the wetland in the southwest corner of Block 3 is on the National Wetland Inventory Map and a permit will be required to utilize that wetland as a storm water pond. �sD FIXANCIAL OBLIGATION - THZ WOODLANDS BOATS: 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 wade to the City's utility system based on the submitted plans. Improvement Froj use slate Quantity Amount Lat. Benefit Sanitary 58 MF $16.55/FF 2001 FF $33,117 Sewer Trunk Lateral Benefit Water Trunk 58 MF $23.38/FF 2001 FF 46,783 Water Trunk 58 MF $1450/A 17.53 A 25,418 Storm Water Trunk 525 MF $.070/SF 410,435 SF 28,730 Storm Sewer Trunk Upgrade 525 MF $.013/SF 33,000 SF 429 Lateral Benefit Sanitary 525 MF $16.55/FF 1620 FF 26,811 Sewer Trunk Lateral Benefit Water Trunk 58 SF $14.18/FF 1620 FF 22,842 Total $184,130 The above financial obligation represents the estimated obligation upon full development. The financial obligation will be reduced for the areas platted as outlots. WOODLANDS NORTH CONDMONS: R 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be completed with: Al, B1, B2, B3, B4, C1, C2, C5, D1, E1, Fl, and G1. 2. A Planned Development Agreement shall be entered into for a five-year period. 3. Setbacks in the duplex area shall be allowed as per the development plan. A copy of the Homeowner Association 4. By-laws shall be submitted to the City Attorney for their review for review and approval. 5. All trash and recycling materials shall be contained within the units until the day of pick-up. 6. The multiple area shall have a cap of 200 housing units and conform to all R- 4 requirements at the time of development. 7. No driveway access shaII be allowed onto Elrene Road. 8. All well and septic systems shall be abandoned to City specifications. 9. The R-2 area shall have lawn irrigation. 10. The development is required to comply with the requirements of the City's Comprehensive Water Quality Management Plan. 11. The development is required to modify proposed grading plan to provide adequate cover on the proposed sanitary sewer line in cul-de-sac. 12. Storm sewer is required to drain a landlocked low area in proposed Block 2. 13. Additional right-of-way is required at the intersection of Trails End Road and Kost Road in accordance with City design criteria. STANDARD CONDITIONS OF PLAT APPROVAL A. Assessments 1. This development shall accept its additional assessment obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. H. easements and Ri hts-cf-Wa 1. This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. C. Plans and Specifications 1. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes and engineering standards and policies, and approved by staff prior to final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards and approved by staff prior to final plat approval. 3. This development shall insure that all temporary dead end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. \ S 3 STANDARD CONDITIONS OF PLAT APPROVAL PAGE TWO 4. A detailed landscape plan shall be submitted on the proposed grading plan and approved by staff prior to the final plat approval. The financial guarantee shall be included in the Development Contract and not release until one year after the date of installation. 5. All internal public and private streets shall be constructed within the required right-of-way in accordance with City design standards. D. Public Improvements 1. If any public improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. F. Parks Dedication I. This development shall fulfill its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. G. Other 1. All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. Advisory Planning Commission city council Approved: August 25, 1987 September 15, 1987 Revised: PLATAPPR. CON LTS #1 6/12/89 Z,.4^Vr-> 14156 &V IZ>C rcxy x+.•v NNT r.r... • � WY Y,•,"', Y..r'4rri.1.. w rY esloEar ! <Qi � .. m • w. u. w.n1. wr. r wx w.w. r w..w... F .cwt. yl�r...Je•rI�IL:< �,4~•I:. .. w ............... ........ w M ufg .Jra!t7•J�• ' Ir aposs s+.oss•3Tzer3 s) NET -3 • es». •c I.., �L: • �6 ' b i— G� .. n. n...w.•sn,t >rl W•t.1 CEDi� .. ...-. •. ., n1 e•, enw sl.cr s.a.i• « —4 k=. ►IIES•SC;iZ SJ LSe6 V v) —I wer•E'STREET ITIT 1 ..� - I 1_E.CE•r0. bI f ..- •z� M �IIIII � I I I I • e TM =e0 Se0 A101 �nT rMU W MA -.7r' "VEYOR /EN UTAER *'w. R. f -P, k. 9401 Wvs Awne So. sure 110 0".1 lm. W455431 16127 884-3029 ;I N �I 11�FA-sr3P7n SE �t / L .E. —.—s s IT I' r l .r wt. M ii: �[ � �• � \ �1 n10�CSEwE0 L�SEYi .'Y 1 M �IIIII � I I I I • e TM =e0 Se0 A101 �nT rMU W MA -.7r' "VEYOR /EN UTAER *'w. R. f -P, k. 9401 Wvs Awne So. sure 110 0".1 lm. W455431 16127 884-3029 RWLH I ENGSTROM COMPANIES 4801 Wes' "I 51me1 sale 101 Mrrea>4F, W S5e3- 16121 893-A126 ■ nc WOODLANDS NORTH DESCRIPTION/ SURVEY D►Ii .-15-so rr-to-�o wo: • DmcC IHe bMu`+ MLS 11�FA-sr3P7n SE �t / L .E. —.—s s IT I' r l .r wt. M ii: �[ � �• � \ � :tas5•l52703 Sf AC r 1151, i .,r ; NET. w 3 :os7+o s r S.rlo At 1 i ie.n w.1 STREET uul a)orna• L= X111:7 } r I I RWLH I ENGSTROM COMPANIES 4801 Wes' "I 51me1 sale 101 Mrrea>4F, W S5e3- 16121 893-A126 ■ nc WOODLANDS NORTH DESCRIPTION/ SURVEY D►Ii .-15-so rr-to-�o wo: • DmcC IHe bMu`+ MLS R-3 R-4 AACHITECTLI14L drOKW", INC. 4801 WEST 8111. MCI ��ff77'�� 10l. Mf NNWPOl25 M x,1554 ] 7 I612J E131 -K �n 1 r•we 111111 V I I I • t4ro > FTC L SUR VE YORIENGTIEER prres R. W., Mt. 1 9401 4res Awme So. "e 140 9b3i ivglan, W 55431 (611684-3029 _� rr'rsriNc xo.nNr, nvosrn :o�.,Nc R-1 ISINGLr r4wm1 2 ! Duel ! -3'1or+Nlausr R-4 Munn[ A 4c�Kulu�u 7 n [n av ZONING MAP INDEX ROBERT ENGSTROM COMPANIES 4801 West Bk+ Street Sure 10' MrneapdK. MN 5543-1 WOODLANDS NORTH EXISTING / PROPOSED REZONING PLM1 an ale=ie'i-io=tv r.v. nna 1m tl� ML7 2 5 i 'I LOT _A• �' —i _ �I 1 ,TE8 MULThFAMtl1' u 1 � F E AL TLRAREA, �r At /6 y / '/r 5LAVEl'0RJEN0KER des R 1-0, h[. 9101 WM A.VMN 50. SLAB 110 .Bow C , #^ 55431 1612 881-3029 RMERT EKSTROM CDMPAMES 1801 west gist kreet SJte 101 NGTmap*. Wq 55437 16121 893-1126 THE >ODUO NORTH PRELIMINARY PLAT a*i an -w —4"-w oleo+ Ma tar+++ Mu 3 Pf; 5� IM: A,%cHHrrE 1 f rw fA�•+ii , • rr Iw aw •rn �.R .Am •! Y moi.• r u .'w r uw a...r r�� =. r.. w•_ r��w. •rrwr a •ww �. f1M r.r =�.w •.i a r.w..—w—__. IIIIII I I ( I t 111 i1f !N i 'I LOT _A• �' —i _ �I 1 ,TE8 MULThFAMtl1' u 1 � F E AL TLRAREA, �r At /6 y / '/r 5LAVEl'0RJEN0KER des R 1-0, h[. 9101 WM A.VMN 50. SLAB 110 .Bow C , #^ 55431 1612 881-3029 RMERT EKSTROM CDMPAMES 1801 west gist kreet SJte 101 NGTmap*. Wq 55437 16121 893-1126 THE >ODUO NORTH PRELIMINARY PLAT a*i an -w —4"-w oleo+ Ma tar+++ Mu 3 Pf; 5� , rj `I ��� I`i '� �.: � r �` I �\ : \fit � q �.-+' I ? �' • c- .i 'l � (� i11If •O -'Jr T ` _ 1 1`�:IV',"O C4 1- 11 _` =`� /— ...�. •_•� �.-\10� M4f� � ))jj . �J //' l/` '.11\ M !4 ' lam,• , �}.. fir_ \ :\ \. !7,„'' 11}'• 1 \ \� ' T'1 � I •t.: SURVEYO ER �a• /l � \ 1 � z � Y,•,�j"3� 1. �+ ..'�.. �� � es R. M. ox, ►c. �J,/:�1' `� k� \` f' �`�i t �::. \,.1 —1: L� `�°. �� I•,; 940, W+es A�e*ue So. Sine 140 f 55+13 liba,i84-3 29 , 161�b4-3 0 Jt\,,.1�'•�.!l�Cj(( � ��� i r /�l�(, � '1 Ii�� � � 1�. { I' �./ J / J — ��� �'�`\� 1 ZZ ��J/r%� ,•� ' 1, _ ���, �'11, �' �.�..� a `, T I '/ L ,I I('�' 1 -ri y; ••,\\'? •( �� 1�/ LL J. %j' �,' � 'J IE� 1•'{1 ���e_.1 � 1,`1+ (\�, ,17„<M ,�l\ \•`o JAL, 1f �ll ��I- JJ E1 _� ilI it I: � R ` �' � t � -/ � I I •I ... ,\tet ,- r/l �I,.' /; r/� / i 1 e� •”' �/r�,/��. (: •I�{ !�J •if I t h{7 '•C1��`•r ~� } �. f' �`,�i/. f' / • ,��,' � 5-�.. h� ° � Irl , � � ( .., J ��/ j/1�1���r�/�j,;;.1 (�'((i•f�1j�• { ry f r�1�Ty��,y�' Ii(•_I�ai �i\ �"' •-C" \�'� 1Jrl -I r ��•' ,��,_.., ��1:!;p. _ �('.l'tl��•,• •�,',c A' ¢I'..•' `__ _ _ 451_. •y*v1,� �e r �,'�� � ..ff f �' __ ���• � �VVV, ,J r� I�4 ,;� � _ _ _ :`S r a . `..\ 1� a %� 1 _ �!, ,^.. •+, 1, 1 ('d;i_ i •i ',��� }.�• (; III; �+ rf"7!_ ' ` � -- _ 'f• �','I gill. y �l• •� I:, --J� w!I' 4:6K ,. 1 rl �h-� �;)., `�v 1 • z �y- t �.� r,l...+?, I+.�t��l�, t • ' � , � ��- •�p�r�l'i, +l\} 1/; . •,l�fr� l� //'- - � Z':1 ���^_ '%tI 1 \�\'. \/1 1 ��1'�'����s:`,�.2,;f �!, - i.r;�_.�'•71 \ 111'.0.'1•//���:. .e T+ ili a/•'.1: '1 -Ip �1'' 1.� ,),!.; ib�•ii / ��f�+tivl.s41,f.1 � 1 jf ,• t♦�..__'�� Fl�itlil�I�TURAL'� 1(_ ./ \�1 (1� 'Z_�_�J/�/� i ][�I(I• 1 �F VS\�'�`' � + . \ ))1 };ii4 _ orE� Sv4 a..z+s�3 �,} /�— f...� ✓✓• j RMERT _I,'J y ;,��i` I1a� 11 ';i•�� �/ �` ��*� { i ENGSTROM I ` a'-�f�.l•�i{-� (�\ J' s .•,411,,:.-�, :,yam ,� , �. �i� t '` COMPANIES •N', West ov S,rw Stile 101 Mi IvN 5543' 16,2) 893-4126 7' ,` •bi. 1 ��1� THE WCMLkNDS ��'l\��, _ � - • ��� � \ � � I (`k�+�` t, t � NORTH w•. ;. GRADING PLAN Rs '7! t"I'j/)� �� I'I111,11 �1 \\ �'-F �.. �' � _. �: i -n -w 1 -a• -w 10+ xtts �j� l• Ii ��\�•Ti •���: i,' "�', � A `v /I'.• l rYf 11x1 � •• : ti?, 1 1� 1'I? • I> uj= fVRLLM11 • ,WES, BRIN i M to ITPAAP t `• i � n`:. _ •E • N 7w lA rj `I ��� I`i '� �.: � r �` I �\ : \fit � q �.-+' I ? �' • c- .i 'l � (� i11If •O -'Jr T ` _ 1 1`�:IV',"O C4 1- 11 _` =`� /— ...�. •_•� �.-\10� M4f� � ))jj . �J //' l/` '.11\ M !4 ' lam,• , �}.. fir_ \ :\ \. !7,„'' 11}'• 1 \ \� ' T'1 � I •t.: SURVEYO ER �a• /l � \ 1 � z � Y,•,�j"3� 1. �+ ..'�.. �� � es R. M. ox, ►c. �J,/:�1' `� k� \` f' �`�i t �::. \,.1 —1: L� `�°. �� I•,; 940, W+es A�e*ue So. 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(: •I�{ !�J •if I t h{7 '•C1��`•r ~� } �. f' �`,�i/. f' / • ,��,' � 5-�.. h� ° � Irl , � � ( .., J ��/ j/1�1���r�/�j,;;.1 (�'((i•f�1j�• { ry f r�1�Ty��,y�' Ii(•_I�ai �i\ �"' •-C" \�'� 1Jrl -I r ��•' ,��,_.., ��1:!;p. _ �('.l'tl��•,• •�,',c A' ¢I'..•' `__ _ _ 451_. •y*v1,� �e r �,'�� � ..ff f �' __ ���• � �VVV, ,J r� I�4 ,;� � _ _ _ :`S r a . `..\ 1� a %� 1 _ �!, ,^.. •+, 1, 1 ('d;i_ i •i ',��� }.�• (; III; �+ rf"7!_ ' ` � -- _ 'f• �','I gill. y �l• •� I:, --J� w!I' 4:6K ,. 1 rl �h-� �;)., `�v 1 • z �y- t �.� r,l...+?, I+.�t��l�, t • ' � , � ��- •�p�r�l'i, +l\} 1/; . •,l�fr� l� //'- - � Z':1 ���^_ '%tI 1 \�\'. \/1 1 ��1'�'����s:`,�.2,;f �!, - i.r;�_.�'•71 \ 111'.0.'1•//���:. .e T+ ili a/•'.1: '1 -Ip �1'' 1.� ,),!.; ib�•ii / ��f�+tivl.s41,f.1 � 1 jf ,• t♦�..__'�� Fl�itlil�I�TURAL'� 1(_ ./ \�1 (1� 'Z_�_�J/�/� i ][�I(I• 1 �F VS\�'�`' � + . \ ))1 };ii4 _ orE� Sv4 a..z+s�3 �,} /�— f...� ✓✓• j RMERT _I,'J y ;,��i` I1a� 11 ';i•�� �/ �` ��*� { i ENGSTROM I ` a'-�f�.l•�i{-� (�\ J' s .•,411,,:.-�, :,yam ,� , �. �i� t '` COMPANIES •N', West ov S,rw Stile 101 Mi IvN 5543' 16,2) 893-4126 7' ,` •bi. 1 ��1� THE WCMLkNDS ��'l\��, _ � - • ��� � \ � � I (`k�+�` t, t � NORTH w•. ;. GRADING PLAN Rs '7! t"I'j/)� �� I'I111,11 �1 \\ �'-F �.. �' � _. �: i -n -w 1 -a• -w 10+ xtts �j� l• Ii ��\�•Ti •���: i,' "�', � A `v /I'.• l rYf 11x1 � •• : ti?, 1 1� 1'I? • I> A. tit Gi M -- use AC�l��.�:G.i l • li' o• r� • 7lOT_'A:_- ruRE LISTER MlAT1L O O FUrURE NATURAL AREA// OPEN SPACE / l AICHMECT 1141. (DRUM IMC. wEST 8iserruFI a.+. ^•••ii Y ��.�n. tlFw• tw. .w r �— IIIIII I I I w... �. • AI >M 7•. TE DATA all jnes R H. ox. 9401 frees /.e..r So Stile 140 B+eoer�tO L A4J 55431 16121 884-3029 P ROiIERT E=ROM CDMPANIES 1 480+ Wrsl Sty Sheet 1 Sure 101 Mrrcap,*, WN 55437+ 6 21 893-4126 WOODLANDS NORTH UTILITY PIAN 5 S i `m GSC'gnr-�� •�li_' t�S:i ~� ���il��_YJya�rS�i��3�� �C i&I.-i s I • �� A=�• E � Ws N M Al$$ 5 r W bJ"aO • i - A -� J�i er- 01 ApFINANCIAL OBLIGATION LATERAL BENEFIT - WATER TRUNK LATERAL BENEFIT - SANITARY SEWER TRUNK MULTI -FAMILY PORTION 150' Corner Lot Credit r "ERT INGSTROM CUMPAMES 4w, west Sim som W, qt •+._xc.. k" 5541- 4612) e93­+ue THE M'Owwos NORTH Fit EU MYNARY MT � M 3 S FINANCIAL OBLIGATION WATER TRUNK ROBERT 64GSTROM COMPAMES W, ws! wt 101 &tv*AP&. AIv SSD %121 "3-4 96 THE %Dwuv" I NORTH PitEUhYNARY PLAT I=> pe V■ ou 3 W,3- 41 FINANCIAL OBLIGATION ' . n. STORM SEWER TRUNK @ MULTI -FAMILY RATE L ROBERT EKSTROM ffJMPMAES 4wi weu 11K Street Sue 101 wrrrmp&. My 55e7 46w e9 3_4 uK PAEUMlNARY PRAT M Wm 7-d" FINANCIAL OBLIGATION L STORM SEWER TRUNK UPGRADE �k Ii ,Ifs t E01_A_ LIU 11LISTER yyyMLLL.TII i FUTURE NArOM AREA// OEM VA1a /j / M w ROBERT EKSTROM MMPANIES ao1 west nr sects , We 101 htTGW c. A." SSRD. 06121 M3 -4U6 THE _ . 11NOODLpvv a T NOKTH w. r ' PitEUMINARY ROOc i • MAT rerw rim = ` A w T •�r \ \\` 3 s ;-ill FINANCIAL OBLIGATION LATERAL BENEFIT WATER TRUNK LATERAL BENEFIT SANITARY SEWER TRUNK SINGLE FAMILY PORTION I I — • • Y • Ali t1U IALVER MIATF-fAMl1 - � � I • ,tlrueE ►urL;; AtEA/ i •• QEN S►Aa- DR /f • / Ile j . " ERT E NGSTROM IUMPANIES « 1 " + won' ' e>« So" ./ 4t -UP*. 16121 M3 -4R6 THE • WOODLANDS ii NTH ' FREUMINARY x PIAT f�ROOC 1 � omm 4� • ZA Page 3/EAGAN CITY COUNCIL May 22, 1990 2. All other applicable code requirements. All voted in favor. THE 1100DLANDB WORTH '' ' RBBRT '.00STROM COMPANIES Chairman Graves next opened::.:::the public hearing regarding a Comprehensive Guide Plan amei^id ent,::::: a rezoning and Planned ,...,. Development amendment from :ir:�cultY$-I and Planned Development Multiple to Planned Development and���a-:vpreliminary plat consisting of approximately 57 acres located west of Elrene Road and south of Yankee Doodle Road in the west half of Section 13 and the northeast quarter of Section 14. Community Development :::.:..Director Dale Runkle summarized the application for the coni is:s:ian and presented the background information. Bob Engstrom (applicant) Thtroduced-:::�:the development team. He outlined the proposed uses and $ W,q#: Page 4/EAGAN CITY COUNCIL May 22, 1990 ............ .............. ................ ................ ..... ........... .... MINUTES .... .......... Commissionmember Voracek asked if there was a plan for the R-4 area and if a concept plan would be provided. Community Development Director Runkle stated that 5 in the packet was the concept plan for the site. Mr. Ert­..,.t ..... :-that he wanted to make it clear that there was no currerit­p1a:tk.:::f6'r'­ w R-4 area. Chairman Graves noted that the., concept plan would be conceptual only and any change in the p.�Oip.:woul;d:::heed to be approved by the City. Commissionmember Gorman asked if the Trailsend Road would connect to the looped road to the south. Mr. Engstrom stated that it would not. Member Gorman then asked if the City was in fact locking in the R-4 by this plan. Mr. Engstrom stated that it would be wise to put any future owners on notice tb,.a.t...the area was contemplated as R-4. Chairman Graves asked included the exception. Community Development Director .:-Runkl:6::::ttated that the exception was an additional 1.6 acres for a totOt"I of 59.-;5*:::,acres. Commissionmember Vora cek that condition I include standard condition C4; that::::::::::::t%'K .'' e. wording at the end of condition be added to condition 4 and '. that Department of Health approval be included in condition S. He further clarified that condition 11 referred to Cul-de-sac B. Chairman Graves noted that all conditions applicable to the Planned Development Agreement should be included in the Agreement. He further questioned.....the....alignment of Kost Road. City Engineer Foertsch stated thti:t­::'j:::j. er-'e­.:::::::WarL,:: no conflict with this .............. alignment. Chairman Graves then '* 1' ' sisEe'd items which would be included in the Planned Development Agreeme).D.t.. They were as follows: 1. Outlot A shall be limited to 200 units. 2. Page 2 of 5 in the packet shall be the Land Use. 3. Page 3 of 5 in the packet shall be the Concept Plan. 4. A maximum of 12 units in the single: -'family area (Blocks I and 2). 5. Blocks 3 and 4 shall be.:::,.*1J--.'1h ::::units combined. 6. Irrigation shall be provided in Blodk.�i 3 and 4. V Page 5/EAGAN CITY COUNCIL MIN'S- ES May 22, 1990 Voracek moved, Hoeft seconded, the motion to approve a Comprehensive Guide Plan amendment to change the land use designations of approximately 10 acres from D -III to D -I; approximately 8 acres from ..:OnI. to D-II;.•,approximately 8 acres from D -III to D -II and approximate?.... ::tk S; : i':om D -I to D -III. All voted in favor. Voracek moved, Hoeft seconded,:;the motion to rezone approximately 59.5 acres located along the wear:: sid0;:.:6f Elrene Road and north of The Woodlands Addition from::R4:::::{ldixi;i;gle) and AG (Agricultural) to Planned Development with the,:':1-arid use% shown on page 2 of 5 of the developer's plans and a concept plan as shown on page 3 of 5 of the developer's plans subject to the following conditions: 1. Outlot A shall have a cap of 200 housing units. 2. Outlot A shall confort :tc::.All R-4 requirements at the time of final plat. 3. Blocks 3 and 4 shall :l ave a..oag::::of 62 duplex style housing units. 4. Blocks 3 and 4 shall hav*6�::'Iawn irrigation. 5. Setbacks in Blocks 3 and 4 shall be allowed as shown in the development plans. 6. A copy of the Homeowne:r:...As.s.oc:iation.:.:by-laws shall be submitted to the City Attorney for appy.evil::gr:ax:::c:::final plat approval. 7. A Planned Development AgreeiA-ent s$all be for a period of five years. All voted in favor. •••. Voracek moved, Hoeft seconded, the motion to approve a Planned Development Amendment from R-4 to R-1 within the Gopher Eagan Planned Development. All voted in favor. Voracek moved, Hoeft seconded, '::the motion to approve a preliminary plat consisting of:::;®pp.:r-Dxi:laat91:y 59.5 acres located along the west side of Elrene Kb4%4 ;::: id:::ticr;i of The Woodlands Addition subject to the following conditions: 4- ............ .......... Page 6/EAGAN CITY COUNCIL MjgjftES May 22, 1990 .... . ........ 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: All Bl, B2, B3, B4, Cl, C2, C4, C5, D1, El, Fl and Gl. 2. A Planned Developmen. C .,q za11 be entered into for a five year period. ... 3. Setbacks in the duplex area shall be allowed as per the development plan. 4. A copy of the Hoi646wners "Aig-gociation by-laws shall be submitted to the City Attorney for their review and approval. 5. All trash and recycling materials shall be contained within the units until the day of pick-up. 6. Outlot A shall have 200 housing units and conform to all R-4 requirements at the tim'e"'d - 0"V" 0 1ppme n t. 7. No driveway access shall ba'.': allo ed:::-:�hto Elrene Road. 8. All well and septi.:..:syr, ems shall be abandoned through City and Department of Health specifications. 9. The R-2 are shall have lawn irrigation. 10. The development with the requirements of the City's Comprehensive W6.-*t­'.'.:1dU-anagement Plan. 11. The development is require$,'::` -to mq`4ify proposed grading plan; to provide adequate cover on thik.`:: propbsed sanitary sewer line in Cul-de-sac B. 12. Storm sewer is required to drain a landlocked low area in proposed Block 2. 13. Additional right-of-way is required at the intersection of Trails End Road and Kost Road in acd'&kdance with City design criteria. All voted in favor. Community Development Director Runkle:':.:$'1'*tated that the'vacation of Cedar, Birch and Roger Streets were anticio4ted. I q Agenda Information Memo June 5, 1990 LANDSCAPE ORDINANCE AMENDMENT I. Landscape Ordinance Amendment, City of Eagan, Amending Eagan City Code, Chapter 13 Entitled "Subdivision Regulation," by Amending Section 1330 Regarding Data and Design Standards and Landscaping Standards and by Adopting by Reference Eagan City Code Chapter 1 and Section 13.99 --The Advisory Planning Commission considered the subdivision ordinance which allows the City to enforce certain landscape ordinance regulations for all proposed and new development that occurs in the City. This ordinance was reviewed on several occasions by the Developers Task Force and presented to the Advisory Planning Commission for a public hearing at their April 24 meeting. The APC is recommending approval. A memo and appropriate portions of the landscape ordinance amendment will be included in the Additional Information packet on Monday. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the landscape ordinance amendment to Chapter 13, subdivision regulations regarding plant plantings as presented. MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JUNE 19 1990 SUBJECT: INFORMATIVE DAKOTA COUNTY BOARD CORRESPONDENCE REGARDING SOLID WASTE Enclosed on pages 'through is correspondence from Joe Harris, Chairman, Dakota County Board of Commissioners, to Mayor Egan that includes an article that appeared in the St. Paul Pioneer Press addressing several issues related to Dakota County's plans for managing solid waste. FIRE DEPARTMENT MONTHLY REPORT Enclosed on page `.X is a copy of the Fire Department Monthly Report for April, 1990. MWCC GENERAL ADVISORY COMMITTEE Enclosed on page I -is a memo from John Griggs, requesting consideration by the City to appoint an alternate to the MWCC General Advisory Committee. He is recommending a representative from the Eagan staff. If the City Council concurs, the City Administrator will discuss the appointment with members of the staff and recommend an employee for an appointment at the June 19 meeting. HAZARDOUS MATERIALS RESPONSE The Dakota County City Managers and Fire Chiefs met on May 24 to discuss the status of the South Metro Hazardous Materials Response Agreement. After discussion and a lengthy meeting, it was generally agreed that: 1) each of the fire departments would continue training a certain number of local firefighters to deal with hazardous materials, 2) efforts would be made to negotiate a short-term contract with the City of St. Paul for response to hazardous material releases, and 3) the Cities would continue negotiating the joint powers agreement, however, the process would be slowed to observe implementation of the State Haz Mat Bill. The legislature passed the bill which directs the Commissioner of Public Safety to submit a plan for the establishment of hazardous materials instant response teams and a fee mechanism to support the cost of the HMIR system. In summary, Federal OSHA regulations required expensive and time-consuming training for our fire department responders in order to mitigate release of toxic chemicals. The Dakota County Cities, including Fire Chiefs, feel the three-point process as outlined will provide the necessary interim response to satisfy Federal OSHA regulations. DISTRICT #191 ADVISORY COMMITTEE Mr. Shawn Hunter, member of the Advisory Parks and Recreation Commission, volunteered to serve on the School District #191 Advisory Committee. Mr. Hunter will replace Sandy Masin as the Eagan representative. There is no formal action required by the City Council on this item. PARKS AND RECREATION DEPARTMENT UPDATE Enclosed on pages '- �' through i is a copy of an update on maintenance, recreation programs and other activities administered by the Department of Parks and Recreation. DAKOTA COUNTY ASSISTED HOUSING UPDATEfNIAY Enclosed on pages !: i ; through is the status report for Dakota County Assisted Housing Programs for the month of May 1990. SENECA MEDIATION PROCESS UPDATE Enclosed on pages = )through 1 (( is the most recent update of the Seneca Mediation process as prepared by Mike Dougherty. LETTER FROM BEA BLOM+QUIST A letter was received from Bea Blomquist regarding a conference she attended on May 22, sponsored by the Fresh Water Foundation. There are a number of issues that were raised at the meeting regarding implementation of the Superfund Law and the financial obligation for a clean-up. A copy of her letter is enclosed on pages ��-through I' for review. Bea is suggesting in her letter that the information be presented to the City staff and City Council as soon as possible. It is suggested that the Public Works Committee of the City Council or City staff or a combination thereof met with Bea to further discuss the matter. DISABLED SEASONAL RECREATION WORKER Enclosed on page ' J': `'' is a memo prepared by Assistant to the City Administrator Duffy providing information about the recent hiring of a temporary employee who is disabled and will perform the responsibilities of playground assistant this summer. 1�� TEMPORARY STOP SIGNS Enclosed on pages through L-- is a copy of a memo from the Director of Public Works regarding a request by property owners within the Lexington Square development. IS! Thomas L. Hedges City Administrator DAKOTA COUNTY OFFICE BOARD (612) 438-4418 DAKOTA COUNTY GOVERNMENT CENTER 1560 HWY. 55 - HASTINGS, MINNESOTA 55033 May 22, 1990 Mr. Thomas Egan, Mayor City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Mayor: The enclosed article recently appeared in the St. Paul Pioneer Press, and I am sending it to you because it addresses some of the issues related to Dakota County's plans for managing solid waste. The County has been able to make outstanding progress in starting up a successful recycling program only because of the efforts and support of many officials like yourself. We would like to have your continued support as we tackle the difficult issue of managing the trash that remains after we recycle as much as we can. I hope that you will contact me or any of the other commissioners if you have questions or concerns about the County solid waste program. Yours very truly, Joseph A. Harris, Chairman Dakota County Board of Commissioners JAH:cps enclosure cc: City Council Members City Administrator AN EQUAL OPPORTONrrY EMPLOYER Reprinted from the St. Paul Pioneer Press, May 1, 1990 Dakota. County right to both -recycle, burn PToceeding with a controversial project because it is best for the en- vironment takes political courage. The "easy" thing for the Dakota Coun- ty Board of Commissioners to do might be to acquiesce to the vocal opposition to the planned resource recovery facility, take the losses of millions of dollars, and hope that the county's garbage problem will go away as people reduce and recy- JOSEPH cle. a. HARRIS But to do so would be a betrayal of the GUEST COLUMNIST public trust. As elected officials, the commissioners' obligation is to make responsible decisions based on the best available information. Contrary to the claims of opponents, burning waste to gen- erate electricity can be done safely, as the draft environmental impact statement for the planned Dakota County facility shows. Dakota Counts residents have enthusiastically supported the county's recycling initiatives, and are now recycling more per person than residents of any other county in the metropolitan area. The amount of materials recycled in the county in 1989 was more than double the goal for the year. Seventy percent of county residents are recycling weekly. But with this, we are only reducing the waste stream by about 25 percent. Most residents surveyed in January felt they were recycling all they could, or could offer no reason for not recycling more. So we are faced with a dilemma between the "ideal" of recy- cling, and the reality of bow much waste can actually be divert- ed from landfills by recycling. We must get used to the idea that getting rid of our garbage is expensive. Landfill costs are going up rapidly. Building a state-of-the-art resource recovery plant costs money — money that will be paid back through the sale of electricity and fees charged to haulers. Recycling, too, costs money. Dakota County is spending more than $100 a ton to make it not only possible but easy for people to recycle, and to process and market the materials collected. That compares to rates of about $50 a ton today to landfill the waste, and a projected cost of $70 a ton in the near future at the waste -to -energy plant. Resource recovery and aggressive recycling are not mutually exclusive. In fact, many communities around the world have found the two to be quite compatible. Dakota County residents'must continue to recycle everything possible, and Dakota County commissioners will continue to encourage them to do so. Some people promote mandatory recycling. But there is no evidence to demonstrate that mandatory participation signifi- cantly increases recycling rates. Rather than make people re- cycle, the Dakota County board preferred first to give people a chance to do so voluntarily. In fact, Dakota County's program — with containers avail- able to nearly every household,. regular curbside collection, drop-off centers, yard waste composting facilities, and pilot programs for household batteries — is one of the most aggres- sive in the country. It has been hailed by Gov. Rudy Perpich as "a model for the state." We are promoting recycling of plastics and other wastes, and are so working aggressively to increase .business and commercial recycling. Opponents of waste -to -energy point to communities that have abandoned incineration plans in favor of recycling and mixed waste composting. They ignore the 200 -plus U.S. communities that have recognized waste -to -energy as a viable part of an overall waste management strategy. They also fail to acknowl- edge that cities like Seattle and San Francisco have bad to find new landfills for more than half of their waste that is not cur- rently being recycled. . Dakota County does not have that luxury. While we know that properly built landfills must have a limited role in the integrat- ed solid waste management strategy, we are not willing to rely on burial for such a large portion of our garbage. Garbage expert William Rathje writes in the Atlantic Month- ly, "Incineration is a big piece of the future, and environmental- ists — at least mainstream environmentalists — seem more or less resigned to mass -burn plants as the only conceivable alter- native to a heavier reliance on landfills." In 1988, Dakota County residents indicated their preference for resource recovery over landfilling. And in January of this year, only 5 percent reported dissatisfaction with the county board's job performance. The board of commissioners was elected to make decisions that are in the best interest of the entire county. We must carry out our responsibilities to make tough decisions. Dakota County deserves credit for an outstanding program of managing solid waste — one that provides for appropriate methods of handling differentparts of the waste stream. Harris, of Hastings, chairs the Dakota County Board of Common- ers. ��Z A C.zy oe rjecycle• `` �•t.M,N � Be part of the soba omf MONTHLY REPORT FOR Argil , 1990 Eagan Fire Department TYPE WORK PERFORMED MAN HOURS Fire/Rescue 1,139 Training 861 Truck & Equip. Maint. 252 Station Maintenance 192 Fire Prevention 90 Administrative 716 TOTAL 3,250 MANPOWER STA. rl STA. #2 STA. #3 STA. 44 STA. *5 Available Nights 12 11 8 13 11 Available Days 8 5 3 2 6 Available Days/Nights 3 3 1 2 0 Available Rotating 3 1 1 0 0 On Leave 0 0 0 1 0 Apprentice Fire Fighters 2 4 _0 0 1 TOTAL 27 24 13 18 18 FIRE/RESCUE TYPE NUMBER LOSS Structure 6 0 Grass 14 0 Vehicle 5 $4,350 False 13 0 Medical 5 0 Other 5 0 TOTAL 48 $4,350 LARGE DOLLAR LOSSES DATE LOCATION OCCUPANCY LOSS 4/21/90 Cedarvale Mall Vehicle $1,000 4/26/90 3808 Sibley Memorial Highway Vehicle $2,800 r1 FNoRep.EFD 3/89 for Date: May 21, 1990 Cc: To: T. Hedges From: J. Griggs Subject: MWCC General Advisory Committee Purpose: City to Select and Alternate Tom: It is the desire of MWCC that each GAC member identify an alternate in the event of absences. Please take action to appoint an alternate for me. Hopefully the information I have provided (below) will assist you. If you have any questions, please feel free to call me at work (892-4383) or at home (688-9456). 1. The alternate should be a representative of the Eagan Municipal Staff. 2. Meetings are presently scheduled for the 1st Thursday of each month at MWCC, Mears Park Centre, 230 East 5th Street, St. Paul, MN 55101, 3:00-5:00 p.m. (downtown St. Paul). 3. The alternate need only attend when I am absent. 4. Topics are: Non -point source pollution, Toxins, Inflow/infiltration of sewer system, Water conservation, Health risk -assessment, External relations, the MUSA line (Municipal urban service area), and Sewer fees/rates. Sincerely, John G. Griggs, Engineer MWCC General Advisory Committee Member HAPPENING S 1. The Department received 100 Timberwolves tickets for the Utah Jazz basketball game which were then given to EAA, Robert Lewis House and as prizes for the Children's Easter Event. 2. Earlier, Staff had reported that it was hoping to work with a play equipment manufacturer to design Trapp Farm Park. A discount in the purchase price would have resulted in return for allowing photos to be used in a catalog. This will not happen as the result of a change in thinking by the manufacturer. 3. The lawsuit against the City stemming from a sliding incident at Trapp Farm Park two years ago was settled out of court prior to going to trial. The suit was being handled by the City's insurance carrier. 4. Preliminary boundaries have been identified for the purpose of establishing the "Life Estate" for Lillian McCarthy and the acquisition of this four acre parcel. 5. Recreation program publicity writing for summer activities has been completed. Look for many pages of recreation information in the May Eagan News. Distribution of the newsletter will occur May 12/13. 6. EAA softbal I /baseball programs will use every programmable backstop in the City this summer for games and tournaments. 7. An understanding in principal has been reached between Unisys Corporation and the Department of Parks and Recreation regarding the Unisys softball complex. In exchange for maintenance services from the Department, Unisys will agree to use of the fields by Fagan Athletic Association teams. It is anticipated that the fields will become "the practice place" three evenings a week and on weekends. Final agreement would hopefully result in a three year "contract". Use by the City will be primarily for youth teams. 8. Official acceptance/donation of a scoreboard at Northview Athletic from Lutheran Brotherhood and at Goat Hill from the Lion's Club will occur in May. 9. The Eagan Lions generously donated $1000.00 to the Eagan Stagedoor Performers. Ken Vraa was instrumental in drawing ESP to the Lion's attention. 10. Community Education 196 Youth Connection Council has completed its work for the year. The youth transportation survey results will be submitted to groups studying Dakota County transportation issues. The youth services directory is ready for print and the Youth Program Grant process will be ready for distribution upon approval of the Community Education Advisory Commission. HAPPENINGS PAGE 2 10. (continued) Eagan Parks and Recreation anticipates submitting an application in conjunction with Dakota Hills Middle School. 11. Northview Athletic fields are crowded from 2:45 - 5:00 p.m. each week day. Softball fields 1-4 are used by Eagan High and Dakota Hills co -curricular softball programs. Field 5 serves as practice space for grade 9 baseball and all eleven tennis courts are filled with youth. 12. NYSCA Coaches Clinics the week of April 16 resulted in the certification of 94 EAA baseball and softball coaches and 21 RAAA baseball coaches. Soccer clinics all be held on April 26 and 28. 13. Twenty-five people, primarily family groups, attended the April 22 Native Prairie seminar. Staff learns as the events occur! The desire to be part of Earth Day resulted in a visit to the prairie that was perhaps 2 - 3 weeks premature. Cathy Dybiec again presented the program. 14. "Clean-up" of the concession room will occur on Monday, April 30 in anticipation of a May 1 opening. A post -mix set-up for Coke products will be used this season to improve the profit margin on that commodity. 15. Eagan Seniors will return to the Old Log Theater in June to see Neil Simon's Broadway Bound. 16. The Department is offering a new wrinkle to picnic kits called "Games in a Sack". Recreational staff will lead games for a picnic held at either pavilion. 17. Eighteen recreation leaders and assistants are returning for the summer of 1990. 18. Goat Hill will be the 12th Summer in the Park site. This summer program will be for 5 and 6 year olds' only and will be held from 1:00 - 3:30 p.m. 19. The Tiny Tots classes will be taking their spring field trip to the Minnesota Zoo on May 8and 9. 20. Two hundred participants enjoyed a beautiful day Sunday, April 22, at our Earth Day Walk. After choosing a route of two, three or five miles, the walkers returned to the Municipal Center for hot dogs, chips, apples, pop and birthday cake. T - Shirts were given away as door prize drawings and each family received an Earth Day Poster. HAPPENINGS PAGE 3 21. Softball season begins May 1 and 2 for the Men's C leagues and May 7 through 10 for most of the other leagues. Friday Couples and Co-Rec leagues begin June 1. A total of 197 teams will be participating. 22. A Horseshoe League is being formed with play scheduled to begin May 23. It is hoped that 8 to 16 people will be involved in this inaugural season. The courts at Ohmann Park will be the site for play on Tuesday and/or Wednesday evening. 23. Maintenance Staff completed the installation of backboards, storage box and final site preparations of the horseshoe courts at Ohman Park. It is expected that league play on the courts may begin by mid-May. 24. New park identification signs are being installed at various locations including Bur Oaks South, O'Leary Park, Slater Acres and Heine Pond. 25. In preparation for upcoming softball and baseball usage of neighborhood parks, new athletic benches were installed at Bridle Ridge and Kettle Parks. 26. Maintenance workers Gary Skogstad and Scott Eppen completed work on the new scoreboard at the Goat Hill major league field. The scoreboard is situated in left center field and will be an excellent complement to teams using the facility. 27. Preparations were made to the three new softball fields at North -view Park in anticipation of opening games in early May. This work included the delivery and setup of bleachers, grading of infields, installation of bases, bat racks and the numbering of backstops. 28. Maintenance work on other neighborhood and community softball/baseball fields continued through the month of April. Focused attention was first given to grading of the infields and the repair of pitching rubbers, batting tunnels and so on at Northview, Goat Hill and Rahn Athletic Complexes. The grading of ag lime infields at neighborhood parks was also finished during the month of April. In addition, the daily dragging of fields at the more heavily used sites began in response to the scheduling of practices and scrimmages. Striping of outfield foul lines was also finished on the City's 53 baseball/softball fields in April. 29. Use of the Northview Athletic Complex by the Eagan High School and Middle School began in the month of April. During this time, a park attendant was scheduled to assist with daily infield preparations and building maintenance. HAPPENINGS PAGE 4 30. April signaled the beginning of the Department's annual turf maintenance program in parks. These tasks included the preparation of soil in more heavily compacted areas (primarily baseball and soccer fields); overseeding of pleasure rinks, soccer fields and Kettle/Carnelian Parks; as well as initiation of the spraying/fertilization program. The heavy rains of late April, coupled with last fall's dormant fertilization, prompted the earlier than expected growth of turf. On April 26, mowing crews began the grounds maintenance routes and are expected to be on them steadily through the month of October. 31. Preventative maintenance programs for the City's playground, hard court and tennis court facilities were well under way by the month of April. Throughout the season of public use, bi-weekly inspections will be conducted by the Maintenance Staff on playgrounds and hard courts to insure that repairs are made in a timely manner. 32. The archery range at Walnut Hill was readied for an anticipated busy season. A new system was also devised by Maintenance Staff to better secure the archery bales in place thereby enhancing the function of the courts. 33. In mid-April, Staff began the procedure for turning on water to the seasonal park shelter buildings and irrigation systems. Each year, this requires a certain number of minor repairs, e.g. on the irrigation systems, the resetting of sprinkler heads, repairs to valve boxes, and reprogramming of controls. 34. Two seasonal maintenance workers finished work on the refurbishing and painting of all mini and regulation size soccer goals. This was followed by the installation of a new net hanging system on the regulation goals which is hoped to be a more efficient system for local soccer organizations. 35. Portable fishing docks were set in place at Thomas, Schwan and Fish Lakes, following ice out in early April. Over the years, these docks have proved to be popular angling spots for neighborhood kids. 36. Parks Maintenance Division assisted with a number of recreation programs during the past month. These included the Earth Day Walk on April 22, Community/Parks clean-up on April 28 and the annual Arbor Day celebration at Trapp Farm Park. During the first week in May, assistance wt71 also be provided to the fourth annual Eagan Tree Sale and Fun Run being held concurrently on May 5. \�"O (,X� (" HAPPENINGS PAGE 5 37. As the Commission knows, one of the major undertakings for the Forestry Division in April are the three Arbor Month programs—school programs, tree sale and Arbor Day festivity. At the writing of the Happenings packet, the school programs have been completed and went extremely well. Over 650 students participated in the poster drawing contest with the grand prize winner to be announced at Arbor Day on April 28. Over 800 registrations were received for the fourth annual tree sale. From these, nearly 400 names were drawn and will be receiving trees at the sale, scheduled for May 5. With regard to Arbor Day, plans are well under way and it is expected that weather will play the biggest factor in the turn out for this year's program. 38. Despite the busy time in preparing for Arbor Month programs, Forestry Staff was able to perform a considerable amount of work in the parks. Some of the highlights included the implementation of phase one plantings at Ohmann Park, installation of replacement trees in various parks and completion of carry-over planting plans at Kettle, Mueller Farm and Lakeside Parks as well as Fire Station #5. The initial phase of hiring for seasonal maintenance/operations personnel is now nearing completion. To date, nearly 25 applicants have been selected for positions in the area of seasonal forestry, ballfield attendants and maintenance laborers scheduled for the regular and extended maintenance (evening/weekend) programs. 39. The Department acquired a new slicer/seeder/fertilizer spreader during the month of April. The seeder is a 72" variety and offers a 50% increase in capacity over the older unit. This has greatly augmented the Department's ability to complete its Spring seeding program during conditions of favorable weather. The spreader ,AU also be an improvement to the Department's turf equipment replacing an older, worn out unit which was difficult to calibrate and maintain. Status Report for Dakota County** May, 1990 Amount * + = Increase/- = Decrease ** Numbers for the City of South St. Paul are included in Assisted Housing, Rental Rehab, and Weatherization, but are excluded from the rest of the Cozm�,unity Development programs; Scut?-: St. Paul operates separate Community Development Programs. of ASSISTED HOUSING Elderl-,- Family Total + - Section 8 Existing: Certificates 399 1165 1,564 +13 Vouchers 125 243 368 +4 Moderate Rehab 4 21 25 0 Section 8 New Construction 154 300 454 0 Low Ren:. Housing 380 205 585 0 235 Home 0 41 41 0 236 Rental 0 526 526 0 Section 8 (202) 193 0 193 0 H R -A Owned (Non Federal) 44 0 44 0 TOTAL ASSISTED HOUSING 1,299 2,501 3,800 +17 Amount Commercial/ of COMMUNITY DEVELOPMENT Elder1v Famill Multifamily Total Increase A.? : Status Report for the City of Eagan May, 1990 ASSISTED HOUSING Section 8 Existing: Certificates Vouchers Secz_on 8 New Construction Lo:v Rent Housing 236 Rental (Eagan Green) TOTAL ASSISTED HOUSING Amount of Elderl-,, Family Total.(+/-)* 34 212 246 +4 22 54 76 -1 0 33 33 0 0 22 22 0 0 144 144 0 56 465 521 +3 COnMUNITY DEVELOPMENT Elderiv __ _ '. Home imn- rovement Loan 2 r� :io:-Le Rehab Loan 3 .•_:._ -L -'c:-.e Eneray Loan 1 ._�i'.. Reab Loan 1 eat: e=_zaon 7 0 TOTAL COMMUNITY DEVELOPMENT 14 = lnc_ease/- = Decrease Amount of Family Total Increase 14 16 0 3 6 0 13 14 0 8 9 0 79 86 3 117 131 3 a M B M O R A N D U K TO: Tom Hedges FROM: Mike Dougherty DATE: May 14, 1990 RE: Seneca Mediation Process Our File No.: 206-7756 On Friday, May 4, we had our final mediation session on the Seneca matter prior to Judge Reha's leaving for a European vacation. The session was mostly informational with the first part of the meeting devoted to the Metropolitan Council's planning and reviewal process for sewer capacities and plant expansions, and included a detailed history of the Seneca plant. Thereafter, the Metropolitan Waste then presented information, wherein they acknowledged discrepancies between information previously delivered to governmental agencies as well as information contained in requests for certain permits. I have attached a copy of the handouts received from the MWCC as well as the Met Council for your review. Two items which you should be aware of, as we continue onto the next mediation session which is scheduled for the afternoon of May 30, are: 1) that the MWCC will be conducting a tour of the existing plant and expansion site for all those involved in the odor control committee as well as any interested party in the mediation. Kristi Marnin is to inform the group as to when the tour is scheduled and I will pass along that information as soon as available. Secondly, the mediation parties have requested that someone from the City of Eagan (presumably Tom Colbert) address the group as to what Eagan's role is in the determination of sewer capacity. The concern that has been addressed in the mediation, is that in the report prepared by the Metropolitan City Council entitled "The Planning Process for Metro Sewer Service", the last page is a chart and graph of the waste water flow projections for the Seneca plant. What is identified in the chart, is that in 1988 the Metropolitan Council adopted a figure of 9.69 million gallons of waste water flow from the City of Eagan to the Seneca plant for treatment in the year 2010. The City of Eagan, meanwhile, has identified to the Metropolitan Council that they anticipate the figure for 2010 to be 18.11 million gallons of waste water flow per day. As you can see, that City's figure is nearly double what the Met Council has approved. Moreover, if the City's figure is in fact true or based on accurate forecasts, then one can anticipate that the Seneca plant would further need to be expanded by the year 2010, to accommodate this large amount of flowage from the City of Eagan. Judge Reha would like me to contact her when she returns from vacation to identify the speaker on behalf of the City and how much time they could anticipate taking to present to the mediation group the facts an figures the City has used to arrive at its projected flowage. Otherwise, I believe the mediation session has been very informative and has provided an excellent forum for the agencies as well as the residents to get a background so far as to what is actually transpiring both at the Seneca site as well as the impacts on the fens. If you have any questions, please do not hesitate to be in contact with me. MGD/djk Enclosures cc: Dale Runkle Kristi Marnin FINISHING 3640 Kennebec Drive EQUIPMENT St. Paul, MN 55122 42-18 INC. FAX(612) 529851 May 23, 1990 Mr. Tom Hedges City Administrator City Of Eagan 3830 Pilot Knob Road Eagan, MN. 55121 Dear Tom: On Monday, May 22nd, the Fresh Water Foundation held a conference on Economic Impacts of Ground Water Contamination to Minnesota Cities, Counties and Companies. The conference was sponsored by the Fresh Water Foundation, League of Minnesota Cities, Association of Minnesota Counties, Minnesota Chamber of Commerce and Minnesota Business Partnership. I attended this conference. The need for Eagan, as a city, to address the problems it will face because of the plume of ground water contamination found in Section 18 is apparent. The Superfund Law, as it is written, is not the solution we as a city may be looking for. As a business community, residential neighborhood and city, the financial impact could be devastating. Case studies of cities and companies in Minnesota give a set of facts. Costs to cities and companies are staggering in some cases. I would urge the city staff and council to deal with this problem up front and not leave it to other agencies and fate. The city should concern themselves with the following: 1. Should we be recorded on the Superfund list. 2. Who directs the investigation or what agency. 3. Who is liable. 4. Who is going to pay for such an investigation and clean up. It is my understanding, the Superfund monies have not traditionally paid for costs. They may pay some up front cost, but collect from the persons determined to be liable in the investigation. S0! AVE' - A%D' AuUt�Di;S C:EA':"':r SYSTE%'S 0 U^^LTRASO%iC CLEANERS 0 PLATING AND PROCESSING EOU P".ENT Page 2 Much research is needed to find out where we stand in this process. I would like to present this information to the staff and council as soon as possible. We are now in mediation with the County, MPCA and other agencies. Let's not let them make the determination for the city. Sincere y, Z/ Bea Blomquist Chemist cc: Dan Aberg Win Sabatka �I 7 MEMO TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR DAFFY DATE: KAY 15# 1990 SUWZCT: DISABLED SEASONAL RECREATION WORKER I generally do not notify you of the disabled status of any of our regular or temporary workers because, in most cases, a disability has nothing to do with a person's ability to perform a job. An exception would be a case where the City was required to make a reasonable accommodation for the worker which would require a budgetary expenditure. However, we are hiring for the summer work season a disabled playground assistant who is in a wheel chair. I wanted to let you know because we are tremendously excited about the hiring. Hopefully, her presence will be a wonderful educational experience for the children in the program and also will encourage disabled children to make more use of the recreational programs at the City. 4�1 LA k"'�LL Assistant ti -the City Administrator MEMO TO: MAYOR AND CITY COUNCIL, C/O THOMAS L. HEDGES, CITY ADMINISTRATOR FROM: THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS DATE: JUNE 1, 1990 SUBJECT: PETITION FOR TEMPORARY STOP SIGNS -GIBRALTAR TRAIL AT DANBURY, BOSTON HILL AND TICONDEROGA INTERSECTIONS. Attached is a petition and location map received from several property owners within the Lexington Square development requesting the installation of temporary stop signs at the above -referenced intersections due to the increased volume and speed of traffic using Gibraltar Trail as a result of the reconstruction of Lexington Avenue. The initiator of the petition was contacted by the Director of Public Works to explain that the City has used all temporary stop signs in stock within the Westbury and Lexington Place Additions and that it would be approximately 10 days before additional signs and materials could be ordered, delivered and installed. In the interim, it is anticipated that the Wescott Road intersection will be reopened to through traffic by June 5-6 and that Lexington Avenue from Wescott Road to the south will be opened to traffic by June 15th, weather permitting. The proximity of the completion date which would alleviate the residents concerns, combined with the time frame and expense ($600-$700) for ordering and installing the temporary signs, the petitioner was informed that the installation of these temporary stop signs would not be recommended. However, this petition and staff response is being forwarded to the City Council for their information and action if additional response by the City staff would be appropriate. Respectfully submitted, / ;' �w" Thomas A. Colbert, P.E. Director of Public Works cc: Michael P. Foertsch, Assistant City Engineer Pat Geagan, Chief of Police Arnie Erhart, Superintendent of Streets/Equipment TAC/jf PETITION STOP SIGN FOR CITY USE ONLY Date RecegKgEIVED MAY 2 5 To Council Approved I/We, the undersigned hereby petition the City Council of the City of Eagan to install stop signs on fryj? y/ at the intersection with Tic I/We, request this installation for the following reasons: " -7;7 Cr ea6e a Vl'&Ak c WuL, >,6 eorl rct c r We,4uls 2. /!�9� /1lLsrL ' ay61 c'd.s ar_� V e.., bb e, t'ccez 4� S�c 3.j /�ef'G a/G /o/ -s v /Lo , 5a xulpe ;Chi: / �h Ae Plzoe.,-i 4.2 C A 47 -r VA e,,'1e 1Wo10� Jes � /f -V 6 5 bb Co 4 S rvc� C>/7v n G� W C ¢ re- 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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