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
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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
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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.
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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
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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
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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
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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
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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
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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
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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.
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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.
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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
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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
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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
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1
480+ Wrsl Sty Sheet
1
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ApFINANCIAL OBLIGATION
LATERAL BENEFIT - WATER TRUNK
LATERAL BENEFIT - SANITARY SEWER TRUNK
MULTI -FAMILY PORTION
150' Corner Lot Credit
r
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4w, west Sim som
W, qt
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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:
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I/We request that the City Council take this petition request under
consideration at its earliest opportunity and that we be informed as to when it
is scheduled so that we may appear in person if we so choose.
NAME (Please _print and initial)
A/L/['� /*LLtfN
ADDRESS
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