01/30/1990 - City Council SpecialSPECIAL CITY COUNCIL MEETING
TUESDAY
JANUARY 30, 1990
5:30 P.M.
I. ROLL CALL & ADOPTION OF AGENDA
II. ON-SALE/OFF-SALE LIQUOR LICENSE POLICY
III. WATER QUALITY MANAGEMENT PLAN UPDATE
IV. STORM WATER UTILITY RATE
V. STATUS UPDATE -PCA GRANT FOR SCHWANZ LAKE &
COMPREHENSIVE DRAINAGE PLAN
VI. LANDSCAPING & TREE ORDINANCE REGULATIONS
VII. ARCHITECTURAL DESIGN POLICY
VIII. OTHER BUSINESS
IX. ADJOURNMENT
MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: JANUARY 25, 1990
SUBJECT: SPECIAL CITY COUNCIL MEETING/JANUARY 30, 1990
At the January 16 City Council meeting, a special City Council workshop was scheduled
for Tuesday, January 30 to discuss various policies that are under review and
consideration by the City Council. The meeting will begin at 5:30 p.m. and end no later
than 9:45 p.m. It was agreed at a recent Council workshop that special City Council
meetings will be scheduled at 5:30 p.m. and adjourned promptly at 8:45 p.m. The first
work session was scheduled longer to accommodate the volume of items that were
scheduled by previous Council action at this meeting.
A light lurch will be provided and available to the City Council shortly after 5:00 p.m.
ON-SALE/OFF-SALE LIQUOR LICENSE POLICY
At a December 1989 City Council meeting, a moratorium was placed on the
consideration of both on -sale and off -sale liquor licenses until the City Council had an
opportunity to discuss the liquor license policy/ordinance as it pertains to both types
of liquor licensing. The City Clerk's office was asked to prepare a chronology for both
off -sale and n -sale liquor licenses, a copy is enclosed and referenced as pages
through This chronology provides a historical review of various policies that
have existed and been changed for the issuance of off -sale and on -sale liquor licenses.
As an example, in 1980 the City Code stated that four (4) off -sale liquor licenses could
be issued and must be geographically spaced so the two (2) are in the western section
of the City, one (1) in the northeast and one (1) in the south central. During 1985 that
regulation was changed by redefining the distribution of the licenses within a
geographic area. Then, in 1986 reference to a geographic location was stricken from
the policy and it was determined that one (1) off -sale license could be issued for each
2,000 households in the City as determined by the Met Council. There was a short
transition period for issuance of off -sale licenses included in that action.
Regulations for on -sale liquor licenses have varied from the City acknowledging an
availability of ten (10) on -sale liquor licenses which included the club license for Lost
Spur Country Club in the year 1980 to an amendment change to twelve (12) licenses
with a thirteenth (13th) available for a hotel/motel. During 1986 the City Code was
amended to allow no more than eighteen (18) on -sale licenses with a specific
breakdown as to how those licenses could be distributed to qualified applicants. For
a more specific breakdown, refer to the attached chronology.
In addition to the memo prepared by Administrative Assistant Witt, there are copies of
minutes, maps indicating locations of licenses both issued and pending, memorandums
and ordinance regulations enclosed and referenced as pages _f�_ through 3q for
Council review. Although the information is extensive, staff felt presentation time ould
be reduced in order for the City Council to focus on the current policy and any
suggested changes to these City Code regulations. An effort is being made to contact
applicants and other interested parties who have expressed an interest in attending the
City Council workshop session when the liquor license policy is to be discussed.
Also attached on pages through iY are copies of handouts prepared by Daniel
Herbst and All Baker, respectively, who have both requested distribution to the City
Council.
WATER QUALITY MANAGEMENT PLAN UPDATE
By action of the City Council in 1986, a Water Quality Management Study was
authorized in response to a number of environmental questions raised by various
advisory commissions and the City Council about the long-term impact in quality of
ponds and lakes throughout the community. During the past three (3) years, the Gun
Club Watershed District was formed and through a series of meetings, hiring of a
consultant and many public meetings, that document was completed and presented to
the appropriate agency for review. The Water Quality Management Plan document is
a roadmap for managing water quality and providing the long-term preservation of
surface water supply. The State legislature is beginning to move environment to the
top of their priority list and cities have been told that if proper implementation measures
are not adopted, the State will mandate surface water/water quality requirements. The
Water Quality Management Plan is quite lengthy, a copy is attached without page
number for your review. It is advised that the Council read the transmittal letter,
executive summary and the implementation strategies handout which is referenced as
pages through. in the enclosed material. This plan was written using the
cost/benefit approach and considers stormwater as another major infrastructure
compared to water, sanitary sewer and streetlighting. Implementation of a water quality
management strategy will require a special funding source and that issue is presented
under the next agenda item under the heading, Stormwater Utility Rate.
A special thanks to the Director of Public Works, Director of Parks and Recreation,
Superintendent of Parks and Recreation and all the other personnel including
consultants and especially to the Advisory Commission members who have spent a
great number of hours over the past three (3) years compiling the final results and
document.
The City Administrator will present a few remarks about the Water Quality Management
Plan effort, the Director of Public Works will highlight specific information contained in
the report and the Superintendent of Parks and Recreation will cover the implementation
strategies.
0ms
Staff feels the Water Quality Management Plan Study has been completed as directed
by the City Council and will be looking for direction on its implementation and funding
resource.
STORM SEWER UTILITY RATE
The Water Quality Management Plan, as previously discussed, addresses both
environmental concerns and action steps for mitigating these concerns into the future.
Like all programs, there is a cost to the community if the stated objectives are to be
implemented. The Public Enterprise Fund, water, sewer and streetlighting utilities, is
funded by user fees that are dedicated for each of those three (3) utilities. The General
Fund has established level of service delivery that includes police, fire, parks and
recreation, community development, public works, engineering and other related
services. Unfortunately, the General Fund is experiencing a severe restriction in drawing
up of new revenue sources having recently lost State aid as a result of recent
legislation, a restriction on the ability to increase property tax due to the 3% levy limit
cap and the inability to raise new revenue sources through other means. Other
communities, namely Apple Valley, Roseville, Falcon Heights, St. Paul, Edina, Richfield
and Bloomington, have adopted and implemented a storm water drainage utility fee
which is billed to each resident on a quarterly basis to fund and manage a water quality
program for their communities. The concept of a storm water drainage utility fee has
been discussed by the City Council on previous occasions and was deferred until the
finalization of the Water Quality Management Plan for further consideration.
Enclosed on pages , through for your review is a report entitled "Storm
Water Drainage Utility Plan" prepared by Bonestroo, Rosene & Anderlik and a copy of
a flier the City could use for the purpose of educating its residents on the need for a
revenue base to fund the water quality management program.
The City Attorney's office has reviewed the legal authority, and the utility rate as
presented does satisfy all legal authority. However, it is required that the City hold a
public hearing and adopt an ordinance before the rate is implemented.
In summary, the City Council has recognized an important environmental concern, its
water quality, and will be addressing an overall policy to manage that resource during
the 1990's. Alternative revenue sources and a method to finance this program is
directly proportionate to the success of an effective maintenance and preservation
program. The City Administrator will provide a brief presentation on this item and
available for further reference at the meeting will be Jerry Borden from Bonestroo,
Rosene & Anderlik, who prepared the report.
STATUS UPDAT PCA GRANT FOR SCHWANZ LAKE
During August 1989, there was City Council action to authorize a grant application to
contract a diagnostic feasibility study for water quality in Schwanz Lake. The total cost
3
of the project was estimated at $52,000 and the grant was for 50% of that amount.
There were some reservations expressed at the time the grant application was filed
regarding the City's ability to pay the 50% match. It is suggested that the storm water
utility fund be the source of financing for this pilot study. For additional information on
the wat rr quality analysis for Schwanz Lake, refer to an updated memo attached on
pages63hrough for your reference.
STATUS UPDATEITHE COMPREHENSIVE DRAINAGE PLAN
The 1990 update to the City's Comprehensive Drainage Plan, previously referred to as
Comprehensive Stormsewer Plan, has been completed. During past condemnation and
assessment hearings, the City has been challenged on the fact that the past plans have
never been presented nor adopted as a part of a formal public hearing process, even
though it designates pond acquisition/dedication on private property throughout the
community. There is no formal presentation or document for Council consideration at
this special workshop session, however, staff would like to discuss a procedure and
how extensive a public hearing process should be pursued in adopting what is hoped
to be the last major revision and update to the City's Comprehensive Drainage Plan.
LANDSCAPING AND TREE ORDINANCE REGULATIONS
The City Council and staff have identified the need to update the subdivision ordinance
as it relates to the landscaping policy for commercial, industrial and residential
development. There is specifically a question regarding reforestation and location of
tree plantings requested as part of that review. The City departments, including
Community Development and Parks and Recreation, have met and worked with the
City's consulting planner, John Voss, to update the landscaping plan as it appears in
the subdivision ordinance.
Attached and referenced as pages through is a copy of data that was
prepared by City staff regarding this If9enda item.
ARCHITECTURAL DESIGN POLICY
At the January 4 City Council meeting, the Director of Community Development was
given direction to prepare a draft Architectural Design Policy that proyides regutio- s
for commercial and industrial development. Enclosed on pages through � is
a copy of that draft policy. The Director of Community Development will provide
comments at the meeting on Tuesday.
OTHER BUSINESS
The six (6) communities that agreed to opt -out of MTC bus service have agreed on a
joint powers agreement that would establish a board of directors for the purpose of
operating the Minnesota Valley Transit Authority. Each City has combined its City
Administrator with a member of each City's technical staff (in the case of Eagan, Kristy
Marnin) to prepare the agreement. This agreement will be presented at the City
Council meeting on February 6 for ratification. A copy of this agreement is enclosed
on pages "through Wto allow for Council review. If there are any questions, the
City Administrator will respond prior to the February 6 meeting. A copy of a memo that
was prepared by Kristy is enclosed on page. It appears that each of the six (6)
Cities will appoint a member of their City Co ncil or Mayor as a board member. The
reason for City Council participation is to provide continuity in the first stages of our
new bus system. Similar to the Joint Burnsville/Eagan Cable Commission after the
board/commission is up and running for two (2) to three (3) years, Council
representatives could choose to be replaced by a citizen representative.
IS/ Thomas L. Hedges
City Administrator
r
January 23, 1990
TO: CITY ADMINISTRATOR HEDGES
FINANCE DIRECTOR/CITY CLERK VAN OVERBEKE
FROM: ADMINISTRATIVE ASSISTANT WITT
RE: LIQUOR LICENSES
The demand for liquor licenses has kept pace with Eagan's
growth. The following report chronicles activity during
the 1980s decade, focusing on number, location and related
criteria for evaluation of liquor license applications.
Reference OFF SALE LIQUOR LICENSES
Pages 1980 Two active licenses: Cedarvale (now Big Top Wine & Spirit)
Kennys Liquor, Yankee Doodle Road
Two inactive licenses:J.E. Parranto - no specific site
McCrae & Associates - Safari Mall
4 1980- City Code stated that four (4) off -sale liquor
1983 licenses could be issued and must be geographically
spaced so that two are in western section of city;
one in the northeast; and one in the south central.
5 1984 City Council notified J. E. Parranto and McCrae &
Associates to activate their licenses in 1984 or the
licenses would be made available to other applicants.
1984 McCrae & Associates received Council approval to move
their location to Hilltop Shopping Center and opened
Eagan Liquors at 4182 Pilot Knob Road.
6 1985 J.E. Parranto did not activate his license and on
July 16, 1985, David Perrier was approved for the
fourth license to be located at Cedar Cliff Shopping
Center.
7 1985 Cit Code was amended to read: Four (4) off -sale
licenses may be issued and must be geographically
spaced so that one license shall be located in the
north area (excluding Silver Bell Center); one shall
be located in the southeast area and two shall be
located in the southwest (including Silver Bell Center).
8& 9 1985 McCrae a Associates sold Eagan Liquors. Spirits of
Eagan dba MGM Warehouse, was approved for the off -sale
license at 4182 Pilot Knob Road in action by the City
Council at its October 15, 1985 meeting.
6
Reference
Pages
10 & 11 1986
On May 6, 1986 the City Council amended the ordinance
to allow for five (5) off sale licenses. The fifth
site was designated for the Town Centre area.
12 14 1986
At its July 15 and August 19, 1986 meetings, the City
Council amended the off -sale liquor ordinance.
15 1986
City Code was amended to read:
No more that one(1) off -sale license may be issued
for each 2,000 households in the City as determined
by the Metropolitan Council as of April 1 of each
year. The sixth off -sale license shall not be approved
prior to July 1, 1987. One additional off -sale license
may be approved each year thereafter. However, no
license shall be approved prior to the first of August
of each year commencing in 1988. Applications will
not be accepted unless a license is available as
determined by the household count. 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.
1986 On July 15, 1986, the City Council approved an off -sale
license on Town Centre Drive for Curtis Johnson. A
few weeks later Mr. Johnson withdrew his application.
The license was eventually approved for Sid Applebaum
dba Big Top Wine & Spirits , 1282 Town Centre Drive.
1989 The City Council approved an off -sale license for
Liquor Shoppe, Inc. located near the intersection of
Lexington and Diffley Road.
15 -18 1989 In December, two applications were received for off -
sale licenses: Cheers Wine & Spirits and Richard
Barone - both located near Cliff & Nicols Road.
Subsequent discussion of the applications generated
the decision to reassess Code requirements and
licensing procedures.
ON SALE LIQUOR LICENSES
1980- For a number of years, there were 10 on -sale liquor
1983 licenses which included the club license for Lost
Spur Country Club. The names and ownership changed
but the sites remained the same.
-2-
19 1980- City Code language remained unchanged during these
1986 years... No more than twelve (12) licenses may be
issued with a thirteenth available for a hotel/motel.
All licenses shall be for commercial or industrial
use districts under a conditional use permit.
20 -26 1986 Requests for on -sale licenses became more frequent
and the Council amended the ordinance to allow 18
licenses (to conform to state guidelines) and to
reserve the remaining unallocated licenses for
specific uses.
27 1986 City Code was amended to read:
No more than eighteen (18) on -sale licenses may be
issued. All on -sale licenses shall be for premises
situated in a commercial or industrial use district
under a conditional use permit. The nine (9) licenses
available March 5, 1986 shall be distributed to
qualified applicants as follows:
A. Four (4) licenses for hotels/motels
B. Three (3) licenses for restaurants with at
least $350,000 building valuation (exclusion
of leasehold improvements, equipment or
common areas); and,
C. Two (2) for other restaurants.
28 1989 There are currently 13 active on -sale licenses.
The remaining licenses are reserved for hotel/motel
(3); restaurants with more than $350,000 valuation
(1); and other restaurant (1).
29 1989 In December, Xaviers, Inc. applied for an on -sale
license for their restaurant at 1260 Town Centre Dr.
The application was continued in order to review the
ordinance.
1990 Eagan Tennis & Athletic Club had applied for renewal
of their wine and beer licenses for 1990. However,
the new managers, Michelle Olson and Bryan Biever,
do not want to operate a restaurant. They are more
interested in a club lounge and will probably apply
for a club on -sale license in the near future.
The possibility of a club license application should
onsidered as amendments to the code are
-3-
Subd. 10. On -sale licenses shall be granted only
to hotels, motels, restaurants and fraternal clubs.
Subd. 11. No more than twelve (12) on -sale
licenses may be issued, except that a thirteenth such
license may be issued to a qualified applicant for an estab-
lishment which is an integral part of a hotel or motel
having over 60 rooms or in a building or portion of a build-
ing associated with serving liquor the value of which
exceeds $500,000.00. All on -sale licenses shall be for
premises situated in a commercial or industrial use district
under a conditional use permit.
Subd. 12. No more than four (4) off -sale licenses
may be issued. They must be geographically spaced so that
two are in the western area (near Cedar Avenue and Highway
13), one in the northeastern area, and one in the south-
central area. The Council reserves the right to determine
specific compliance with this Subdivision.
Subd. 13. 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.
SEC. 5.53. HOURS AND DAYS OF LIQUOR SALES. Except as
otherwise provided in Section 5.54, no sale of liquor shall
be made after 1:00 o'clock A.M. on Sunday, nor until 8:00
o'clock A.M. on Monday, nor between the hours of 1:00
o'clock A.M. and 8:00 o'clock P.M. on the day of any State-
wide election. No on -sale shall be made between the hours
of 1:00 o'clock A.M. and 8:00 o'clock A.M. on any weekday.
No off -sale shall be made before 8:00 o'clock A.M. or after
10:00 o'clock P.M. of any day. No off -sale shall be made on
New Year's Day, January 1; Independence Day, July 4; Thanks-
giving Day; or Christmas Day, December 25; but on the even-
ings preceding such days, if the sale of liquor is not
otherwise prohibited on such evenings, off -sales may be made
until 10:00 o'clock P.M., except that no off -sale shall be
made on December 24 after 8:00 o'clock P.M.
SSC. 5.54. SUNDAY SALES. The electorate of the City
having heretofore authorized the same, a Sunday on -sale
liquor license may be issued to hotels, motels, restaurants,
or clubs, as defined in this Chapter, which have on -sale
licenses and which also have facilities for serving not less
than 30 guests at one time. The hours of such sales shall
OP be from 10:00 o'clock A.M. to 12:00 o'clock midnight in
conjunction with the serving of food, provided that the
licensee establishment is in conformance with the Minnesota
Clean Indoor Air Act.
113
rA
(1-1-83)
3830 PILOT KNOB ROAD. P O BOX 21199
EAGAN. MINNESOTA 55121
PHONE (612) 454-8100
October 26, 1984
BEA BL'Jr.+QUfF
Mora
THOMAS EGAN
JAMES A. SMITH
JERRY THOMAS
THEODORE WACHTER
Courcy Members
THOMAS HEDGES
City A&nirwratoi
EUGENE VAN OVERBEKE
City Clea
MR. JEAN E. PARRANTO
3804 SIBLEY MEMORIAL HIGHWAY
EAGAN, MN 55122
Re: J. E. Parranto Liquors Off -Sale Intoxicating Liquor License
Dear sir . Parranto :
In official action at a regular meeting held October 16, 1984, the
Cl t%- Council renewed the above referenced license for 1985. I have
been instructed to rebind you, however, of the action taken
previ--usly at the February 7, 1984, meeting at which time the City
Council stated that if this license was not actually used during
1984 it would be available for another applicant. A copy of my
letter notifying you of that action is enclosed for your review.
You are therefore being put on notice that the 1985 renewal does
not alter the City Council's action of February 7. Unless the
license issued to you is actually used during 1984, the City
Council is planning to hold a public hearing in January of 1985 to
determine a new course of action.
Please contact the appropriate City official, if you have any
additional questions regarding your license.
Sincerely,
E. J. VanOverbeke
Finance Director/City Clerk
EJV/sl
cc: Thomas L. Hedges, City Administrator
Enclosure
THE LONE OAK TREE THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
Council Minutes
July 16, 1985
OFF -SALE LIQUOR LICENSE POLICY
The Council again considered the off -sale liquor license policy after
directing the City Administrator at its July 2, 1985 meeting to review the
policy in some detail, making recommendations to the Council regarding the
defining of the geographical locations for the granting of the licenses. Mr.
Hedges had outlined in the packet approximately 6 options, including
abolishing the guidelines, several options regarding areas and further, a
minimum square footage or free standing building concept requirement.
Councilman Thomas was concerned about keeping the stores within commercial
areas and favored alternate 2 - providing for establishing the number of off -
sale licenses, and 4 - removing all regulatory guidelines pertaining to
geographic boundaries. Councilmembers discussed all of the alternates and
noted that it would be necessary to review the guidelines and the geographic
areas periodically.
OP After extensive discussion, Egan moved, Thomas seconded the motion to
approve a Waximum of four off -sale licenses with geographic boundaries
generaliy according to the existing areas, more precisely outlined in Exhibit
"A" attaches tc the Council packet with one license located in the north area
(southerly bouncary shall be Silver Bell Roaa/Wescott Road - excluding Silver
Bell Shopping Center); one in the southeast area and two in the southwest area
With the easterly boundary located east of I -35E (including the Silver Bell
Shopping Center). Those in favor were Blomquist, Wachter, Egan and Thomas;
Smith voted no.
DAVID PERRIER - OFF -SALE LIQUOR LICENSE
The application of David Perrier of Perrier 6 Associates for off -sale
liquor license for the Cedar Cliff Commercial Park Center was presented ana
Mr. Perrier was present. He indicated that a lease had been negotiated with
Federal land Company for nearly 3,000 square feet in the shopping center. A
letter from Spirits of Eagan, signed by Jerome Miller was submitted and Mr.
Hedges indicatea several other requests are also being submitted by proposed
applicants. After review, Thomas moved, Egan seconded the motion to approve
the application of Perrier b Associates for the Cedar Cliff Shopping Center
location, subject to compliance with all City ordinance requirements and the
applicant must also comply with all conditions that the Council has placed
upon the Cedar Cliff Commercial Addition, including the planned development
for that parcel.
Jerry Miller of Spirits of Eagan was present and stated that he had become
aware of the license availability two weeks earlier and had hurriedly
submitted an application but had no specific location at the present time. He
stated he owned an off -sale liquor store in Burnsville, operating under the
MGM name. The owner of Dakota Liquors in Burnsville was also present and
objected to an additional application, noting that the industry has been
seriously affected in recent years by a variety of factors and asked the
Council to consider the closeness of the proposed store to his existing
location. Those in favor were Egan and Thomas; abstaining were Wachter and
Blomquist; and Smith voted no. Wachter indicated that it was his opinion that
it was not necessary to locate an additional off -sale liquor store within the
City. ,r
S 5.52
Subd. 11. No more than twelve (12) on -sale
licenses may be issued, except that a thirteenth such
license may be issued to a qualified applicant for an
establishment which is an integral part of a hotel or motel
having over 60 rooms or in a building or portion of a
building associated with serving liquor the value of which
exceeds $500,000.00. All on -sale licenses shall be for
premises situated in a commercial or industrial use district
under a conditional use permit.
Source: City Code
Effective Date: 1-1-83
Subd. 12. No more than four (4) off -sale licenses
may be issued. They must be geographically spaced so that
one license shall be located in the north area (southerly
boundary shall be Silver Bell Road - Wescott Road excluding
Silver Bell Shopping Center); one in the southeast area; and
two in the southwest area with the easterly boundary located
along the Interstate I -35E right of way. The Silver Bell
Shopping Center shall be included in the southwest area.
The Council reserves the right to determine specific
compliance with this Subdivision.
Source: Ordinance No. 26, 2nd Series
Effective Date: 2-7-86
Subd. 13. 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
Subd. 14. It is lawful for an off -sale licensee
to provide samples of wine, liqueurs, and cordials which the
licensee currently has in stock and is offering for sale to
the general public without obtaining an additional license,
provided the wine, liqueur, and cordial samples are
dispensed at no charge and consumed on the licensed premises
during the permitted hours of off -sale in a quantity less
than 50 milliliters of wine per variety per customer and 25
milliliters of liqueur or cordial per variety per customer.
Source: Ordinance No. 11, 2nd Series
Effective Date: 4-27-84
SBC. 5.53. HOURS AND DAYS OF LIQUOR SALES. Except as
otherwise provided in Section 5.54, no sale of liquor shall
be made after 1:00 o'clock A.M. on Sunday, nor until 8:00
/CZ 113 (6-15-86)
Et Itlttl i
3830 PILOT KNOB ROAD P O BOX 21149
BEA BLOMQUIST
EAGAN.I'AINNESCTA 55121
?0010
PHONE (612) 654-8100
THOMAS EGAN
JAMES A SMITH
JERRY THOMAS
THEODORE WACHTER
Counco Members
July 23, 1985
THOMAS HEDGES
City A&ninistrator
EUGENE VAN OVERBFKE
City C4erk
JEROME A MILLER
VICE PRESIDENT
SPIRITS OF EAGAN, INC
1012 W CTY RD 42
BURNS'ILLE MN 55337
Re: Application for Off -Sale Li uor License
Enc is }'our colrpleted apclication for a license to operate an
off -sale liquor store in the City of Eagan submitted on behalf of
S^<rits of Eaaan, Inc. Also please find enclosed your $200
11Ce''Se c'.:eck.
In official action at a regular meeting held July lb, 1985, the
CIt,; CcunciI amended its policy for granting off -sale liquor
licenses by def-ining new geographic boundaries; however, the total
number of licenses available remained at four. At the same
Tnee_na, the last available license was issued, -consequently, your
appiicat=on will not be processed at this time.
Please also be advised that the City will not process additional
applications until such time as one of the four becomes available
or in the event that the number would be changed.
Si.^.cerely,
E. J. VanOverbeke
Finance Director/City Clerk
Enclosures
EJV/kf
13
THE LONE OAK TREE THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
3
Council Minutes
October 15, 1985
EAGAN LIQUOR — LICENSE TRANSFER
Tom Hedges explained to the City Council that although the application of
McCrea 6 Associates to transfer its on—sale liquor license to Spirits of
Eagan, Inc. had not been on the agenda, the applicant had requested
consideration to be placed on the agenda due to the need to expedite the sale
and transfer of the property for the off—sale liquor store. It was further
noted that the City staff had a holiday on Monday, October 14, and therefore
no administrative packet was distributed to the Council. Mark and Pam McCrea
appeared on behalf of the applicant, as well as the proposed transferee of the
license. Councilman Egan indicated that he had told a telephone caller on the
evening of October 14, that the item was not on the agenda and was not aware
that it would be considered by the City Council. There were no objections on
behalf of any members present, nor on behalf of the City Council members, and
the police department recommended approval. Smith moved, Thomas seconded the
motion to approve the application contingent upon the actual closing of the
sale of the liquor store, and further subject to compliance with all City
ordinance requirements. All voted in favor, except Egan who abstained.
:::OMAS LAKE PLACE
An application of Dominium Corporation for consideration by the City
Council of the adoption of a Resolution to schedule a public hearing for the
proposed issuance of industrial revenue financing for the Thomas Lake Place
apartment project was then brought to the Council. Tom Hedges explained that
the circumstances were similar to that of the Eagan liquor license transfer
and no' -ea that an informational meeting had been held with neighboring
residents on October 12, 1985. A further City staff sponsored informational
meetin. :1 be - ar1jt__)ed a iatftr t --,e, Afte-- viscutsion, Thomas moved,
Smith seconded the wotion to accept the application and schedule the public
hearing on the application for November 19, 1985 at the Municipal Center at
7:00 p.m. All councilmembers voted yes.
GREENSBOROUGH I 6 II - OFFICE/'WAREHOUSE PROJECT
A further application from Larry Lee and Mike Greaser for consideration by
the City Council of industrial revenue financing for the Greensborough I and
II office/warehouse project on Becker Road, east of Highway #49, next came to
the Council. Mr. Hedges stated that this project also was not on the agenda
for the same reasons as the two previous applications and further noted that
ordinarily the City Council not consider industrial revenue financing until a
( preliminary plat has been approved. He noted, however, that all preliminary
Y resolutions induced by the City Councils in the State must be approved by the
end of October, 1985, and stated that the applicants have requested a variance
from the normal preliminary plat procedure requirements. Smith moved, Egan
seconded the motion to receive the application and schedule a public hearing
on the application for November 6, 1985 at 7:00 p.m, at the Eagan Municipal
Center and to officially act on the preliminary resolution as requested;
further, however, that the City Council will not proceed with the public
hearing unless a legal opinion from approved bond counsel be received by the
City indicating the bonds will not be taxable under the Internal Revenue Code.
All members voted yes.
11
Council Minutes
May 6, 1986
QO jL49
The building will consist of 295,000 square feet with 990 parking spaces.
The proposal is to include screening and berming so that the visibility of the
parking area will be reduced. The elevation and drawing of the exterior were
also presented and the building will be constructed of pre -cast concrete with
blue tone glass exterior. The view from Pilot Knob Road will indicate a
single story but actually a two-story building will be constructed with
extensive berming.
Betty Schaumberg, a neighbor on the east side of Pilot Knob Road, had
concerns about lighting on the site, and the architect indicated that a cut-
off type fixture will be used tp concentrate the light directly to the parking
Lot. There were no objections. Egan moved, Smith seconded the motion to
approve the application, subject to acquisition of the N.S.P. grading permit
and further subject to all City ordinances and regulations. All
councilmembers voted affirmatively.
SPERRY CORPORATION - TAX INCREMENT FINANCING
Tors Hecges statea that at the February 4, 1986 regular City Council
meeting, a motion was adopted providing preliminary approval of up to
$700,000.00 in tax increment financing for the proposea Sperry marketing
project. A public hearing to consider and adopt the T.I.F. plan is required
ana Mr. Hedges stated that the proposal may provide for a separate tax
district either by waiver of plat or separate lot to avoid inclusion of all of
the Sperry property within the financing proposal. After discussion, Smith
moved, Egan seconced the motion as follows:
a. To approve the distribution of the draft Sperry tax increment
financing plan and forwara the plan to the County of Dakota and Independent
School District #,97;
b. To schedule a public hearing on the T.I.F. plan for 7:00 p.m. on May
21, 1986 at the Eagan Municipal Center in compliance with applicable state
statutes.
A11 members voted yes, except Wachter who voted no.
R 86-30
OFF -SALE LIQUOR LICENSE - ORDINANCE AMENDMENT
City Administrator Tom Hedges reviewed with the Councilmembers a request
of Federal Lana Company to amena its ordinance to allow one additional off -
sale liquor license to be provided in the Town Centre Shopping Center area.
The City Council at its March 19, 1986 meeting, continued the request until
adequate data was submitted to support a revision to the policy. Federal Lana
Company submitted a letter datea April 11, 1986 with a survey of 21
metropolitan communities, indicating that the average number of off -sale
licenses issued per person based upon the information compiled, indicated one
(� license for each 3,459 residents. A large number of the communities had no
limit on the number of licenses authorized and it appeared that the City of
Eagan provides for one license for each 8,063 residents at the present time.
is
Council
May 6, 1�--
Martin Colon of Federal Lana Company was present ano stated that the Town
Centre development will include over 400,000 square feet of retail space and
the intent is offer as many retail services as possible. He proposed an
approximate 5,000 square foot facility and introduced Ren Streeter who
reviewed the need, impact on other stores, and indicated that convenience is
an essential issue for the surrounding population.
Councilman Ellisoti 'asked if more off -sale stores create additional
drinking and Mr. Streeter's answer was no. Mr. Streeter also, upon question,
stated it was his opinion that the additional stores would not create greater
policing requirements. Council(nan Ellison submitted that it was his opinion
that the City Council should not limit the number of off -sale liquor stores
and the number should be controlled by the market place, and suggested a no -
limit policy. Councilman Smith noted that the reason for limiting the number
o: off -sale licenses originally was to allow the City Council to review their
impact upon the residents.
Smith moved, kachter seconded the motion to authorize one additional off -
sale liquor license in the northerly portion of the City, generally in the
Town Centre area, and further that a public hearing be scheduled for the June
17, 1986 council meeting to consider removing the restrictions or revising the
number of off -sale liquor licenses approved by City ordinance, noting that at
the time of adoption of the original policy in 1983, only Cedarvale Shopping
Center was in existence; that an application would be entertained by the City
Council for an additional license in the Town Centre area, and further to
authorize the revision to the Eagan Ordinance to provide for five off -sale
liquor licenses within the City. All councilmembers voted yes.
DEERFIELD ADDITION - EAGAN 40 PD - PRELIMINARY PLAT
Tom Hedges introduced the application of Charles Henrich for preliminary
plat approval of Deerfield Audition, consisting of the Eagan 40 Planned
Development on the south side of Diffley Road. The Advisory Planning
Commission held public hearings on March 25 and April 26, 1986 to consider the
extension of the Eagan 40 Planned Development and preliminary plat approval.
The APC recommended extension of the Planned Development and approval of the
preliminary plat subject to certain conditions. A question had been raised by
the applicants as to whether the extension of the planned unit development for
the Eagan 40 project required a public hearing.
Dale Runkle, the City Planner, explained that at the March 25, 1986
meeting, the Commission questioned the storm sewer for the development and it
was suggested that the proposed storm sewer be extended into the low area at
the elevation requested by the City Engineer. In addition, the APC discussed
the park dedication and it was proposed that cash dedication on a per-unit
basis be provided and a trail be installed on the south side of Diffley Road.
The third issue discussed by the Planning Commission was a request for more
detailed land use information and in addition, how the planned development
would fit in with the new code amendment in March 1986 entitled Land Use
Regulation Regarding Extension of Planned Developments. A letter from Dave
Sellergren, attorney for the Eagan 40 Limited Partnership, dated April 10,
1986 and a letter from Paul Hauge, the City Attorney, dated April 17, 1986
were submitted with the packet information to the Council.
16 9
r
Ci'iJ
Council Minutes
July 15, 1986
OFF -SALE LIQUOR LICENSE POLICY
#;W-P.ri
The next continued public hearing dealt with the consideration of the
elimination of limits on the number of off -sale liquor licenses authorized
within the City. The Council considered the issue at its June 17, 1986
meeting and directed Staff to compile and review regulatory provisions and
restrictions concerning licenses in other communities. Administrative
Assistant Liz Witt submitted a memo dated July 7, 1986 with a schedule of
restrictions from other cities and also letters from interested persons were
reviewed.
Mayor Blomquist stated that she had received numerous telephone calls from
interested parties who generally opposed the removal of the limit on the
number of licenses authorized to be issued. Councilman Egan mentioned that
some of the regulations including the requirement for free-standing building
and one mile between licensed locations are examples of types of controls that
other cities have imposed. He also noted that the City Council has a degree
of responsibility regarding the numbers and locations of licenses. Councilman
Ellison stated he also received calls objecting to the change, but argued that
supply and demand in a free market system was the best way to determine
whether the limit should be lifted. He also noted that the objectors are
current licensees and those who object to the use of liquor generally.
The Council will continue to scrutinize applicants in the future and he
recommended a free market system control. Councilman Ellison also submitted a
list of five recommendations for guidelines which were discussed by other
Councilmem hers. Mayor Blomquist noted the need to be responsive and suggested
the limit be based upon a certain number of households per license with 2,500
households proposed for each license. Councilman Egan suggested that
geographical boundaries limitations under the number of licenses per household
or population are other considerations. Councilman Smith suggested that to
use the household criteria would be substituting one artificial restraint for
the existing restraint and problems could arise.
Councilman Ellison moved to strike the limit and include the guidelines
that he had suggested in him memo of July 15, 1986. There was no second and
the motion died. Councilman Egan then moved, Blomquist seconded the motion to
amend the current policy to replace the limitation of five licenses with one
license for at least 2,500 households with the understanding any increases
will be in those areas determined exclusively by the City Council. Councilman
Smith then moved to amend the motion to provide for one license for each 2,000
households and that the criteria not include any specific geographic location.
Wachter seconded the motion. Councilman Ellison argued that such changes
would not create a revision of the existing ordinance. Those in favor of the
amendment were Smith and Wachter, those against were Ellison, Egan and
Blomquist and the amendment died. Those in favor of the main motion were Egan
and Blomquist, those against were Ellison, Smith and Wachter and the main
motion died.
Council Minutes
July 1:, 1986 O'Z`
1` There was then discussion about revising the original motions. Smith
moved, Egan seconded a motion to reconsider the main motion. Ellison voted no
and the remaining Councilmembers voted yes. Egan then moved and Smith
seconded the motion to amend the off -sale liquor ordinance to include the
following:
1. The City of Eagan will allow one license for each 2,000 households as
determined by accepted data determined by the City staff.
2. It is understood that a sixth off -sale license will not be approved until
at least July 1, 1987.
3. No additional off -sale liquor licenses will be approved until August 1 of
each year, commencing on August 1, 1988.
4. The 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.
Th. -se in favor were Egan, Smith and Wachter. Those against were Blomquist
and Ellison. '
TOWN CENTRE 70 OFF -SALE LIQUOR LICENSE
The application of Curtis Johnson for off -sale liquor license in Town
C Centre Eagan Shopping Center was again considered by the City Council. At the
May 6, 1986 meeting, the City Council authorized the amendment of the City
Code to allow the fifth off -sale license and at the May 21 City Council
meeting the action regarding the license was continued to allow for public
hearing and potential amendment to the off -sale license regulations. The
applicant was present and there were no objections. Upon motion by Smith,
seconded Egan it was resolved that the application be approved subject to
compliance with all City requirements. All voted in favor.
SOLID WASTE ABATEMENT COMMISSION APFOINTMENTS
Tom Hedges reported that a Solid Waste Abatement staff report was
completed on April 1, 1986 by Administrative Assistant Hohenstein and the
recommendation was made to appoint a Solid Waste Abatement Commission
comprised of up to nine members. The purpose would be an ad hoc fact finding
body to explore solid waste abatement alternatives including persons that
indicate an interest in the commission positions. In addition, it was
recommended that the Eagan Chamber of Commerce recommend one person to the
Commission. Smith moved, Ellison seconded the motion to appoint Darlene Barr,
2081 Marble Lane, Larry Knutson of Knutson Rubbish Service, Tom Mann, 1231
Carlson Lake Lane and Jon Hohenstein representing local government to the
Commission with an additional Chamber of Commerce recommendation to be
considered at a later time. All voted in favor.
8
C
Council Minutes
August 19 1986 •� �'
OFF -SALE LIQUOR LICENSE AMENDMENT
An amendment regarding the number of off -sale liquor licenses was approved
at the City Council's July 15, 1986 regular meeting and a draft revision
submitted by the City Attorney's office was distributed to the City Council
for.its review. City Administrator Hedges discussed with the City Council the
revisions the ordinance amendment.
Councilman Ellison suggested that the staff be authorized to accept
applications, even though they may not comply with the ordinance provisions,
but Councilman Smith favored the exclusion of applications in the event that
there.are no licenses available under the wording of the amendment. It was
further suggested that the application for the license be granted to an
applicant, depending on issues including the strength of the applicant, the
proposed location, and the needs of the area in the City. Egan moved, Smith
seconded the motion to approve the amendment with the exclusion of the wording
"applications will be considered on a first-come, first -serve basis". All
voted yes except Ellison who voted no.
CHARITABLE GAMBLING POLICY CHANGES
The City Administrator then submitted to the City Council proposed changes
covering gambling regulation practices relating to pull -tabs by charitable
organizations in the City. Two alternate ordinance drafts were submitted for
review by the Council as prepared by the City Attorney's office. It was noted
thatnati,rial oiganizations'werd'being ailowed under Prait #2;.and"'that ' under
Draft df1, 15 active members and 15 members employed or living in the City,
would be the criteria. There was extensive discussion by the Councilmembers,
including the following:
1. Church carnivals would not be eligible under the draft provisions.
2. There were concerns about whether 50% of the members should live or
work within the' City and Councilman Ellison recommended that only Eagan
eligible organizations be granted the permits.
3. It was recommended that the Council provide for up through a 4 -day
license to be allowed on non -liquor licensed locations, otherwise all
locations must be located where liquor licenses have been approved.
4. It was recommended that 15 active and 15 employed with the City be the
criteria for eligible organizations.
5. It was proposed that all reports required to be submitted to the
State, also be submitted to the City officials for their review.
6. It was noted that a public hearing will be held at the September 2,
1986 meeting.
Smith then moved, Ellison seconded the motion to give tentative approval
to the drafts with the following conditions:
r
1. It was recommended that the Council provide for up through a 4 -day
license to be allowed on non -liquor licensed locations, otherwise all
locations must be located where liquor licenses have been approved.
/f 7
5 5.52
Subd. 10. On -sale licenses shall be granted only
to hotels, motels, restaurants and fraternal clubs.
Source: City Code
Effective Date: 1-1-83
Subd. 11. No more than eighteen (18) on -sale
licenses may be issued. All on -sale licenses shall be for
premises situated in a commercial or industrial use district
under a conditional use permit. The nine (9) licenses
available March 5, 1986 shall be distributed to qualified
applicants as follows:
A. Four (4) licenses for hotels/motels;
B. Three (3) licenses for restaurants with
at least $350,000.00 building valuation (exclusion of lease-
hold improvements, equipment or common areas); and,
C. Two (2) for other restaurants.
Source: Ordinance No. 35, 2nd Series
Effective Date: 6-6-86
Subd. 12. No more than one (1) off -sale license
may be issued for each 21000 households in the City as
determined by the Metropolitan Council as of April 1 of each
year. The sixth off -sale license shall not be approved
prior to July 1, 1987. One additional off -sale license may
be approved each year thereafter. However, no license shall
be approved prior to the 1st day of August of each year
commencing in 1988. Applications will not be accepted
unless a license is available as determined by the household
count. Each applicant shall display to the City's satisfac-
tion 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: Ordinance No. 38, 2nd Series
Effective Date: 9-5-86
Subd. 13. 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
113
(6-15-87)
Page 10/EAGAN CITY COUNCIL MINUTES
December 5, 1989
Egan moved, McCrea seconded, the motion to approve an extension
on the preliminary plat for Saints Martha and Mary Episcopal Church
with no modifications to the conditions until November 30, 1990 to
allow the Church to complete its capital fund raising drive and
proceed with building plans during calendar year 1990. All voted in
favor.
CHEERS WINE AND SPIRITS/OFF-SALE LIQUOR LICENSE
City Administrator Tom Hedges introduced the application to the
Council. He explained that all license requirements were met.
Gary Gandrud (representative for applicant) emphasized that Dan
Herbst, 8400 Tower, Bloomington, was an exemplary applicant.
Dan Herbst gave a background summary and explained it would be a
service/specialty store.
Councilmember Wachter felt the new Council should discuss the
changes and plans. Councilmember Egan asked if there were any annual
limitations on licenses. City Attorney Jim Sheldon explained that
there was no limitation on licenses in the ordinance but that the
City policy was one per year.
Councilmember McCrea asked if there were geographical
designations. City Administrator Tom Hedges stated there were no
geographical designations.
Councilmember Egan recapped the ordinance history and pointed out
he would like to study the matter further. Mr. Gandrud reviewed the
ordinance language and pointed out that it read that no license shall
be approved prior to August 1. He reported that the applicant met
ordinance standards.
Richard Barone, 4893 Knottingham, informed the Council that he
had applied on September 29, 1989 for a license and was told it would
be on the Council agenda. He asked why the matter was not on the
agenda. Councilmember Egan requested information from the staff. City
Administrator Tom Hedges pointed out that the police department
needed additional information.
Councilmember Gustafson questioned the concern over clustering.
He stated the decision should be left to the entrepreneur. He felt
the application before the Council should be acted upon and that
future meetings would be held regarding other applications.
Councilmember McCrea remarked that the state allowed control over
liquor for a good reason. Councilmember Egan pointed out that the
Council has the discretion to locate the licenses so that all areas
would be served. Councilmember Gustafson stated more licenses would
be available in the future and that there was a right to develop.
a /
Page 11/EAGAN CITY COUNCIL MINUTES
December 5, 1989
Mayor Ellison declared that the City should not give monopolies
and should encourage free enterprise. He stated that the population
growth would provide more licenses and felt that looser restrictions
were better. He stated the applicant was qualified and that the
Council should act on the application. Councilmember Wachter
explained that he was not saying the applicant was not qualified but
felt that the new Council should plot a course. Councilmember
Gustafson felt the matter should not be delayed.
Gustafson moved, Ellison seconded, the motion to approve an
off -sale liquor license application for Cheers Wine & Spirits to be
located at the Rahncliff Crossings. Gustafson and Ellison voted in
favor; Wachter, Egan and McCrea voted against.
Councilmember Egan pointed out that his vote in no way reflected
the merits of the application.
Egan moved, McCrea seconded, the motion to continue indefinitely
the off -sale liquor license application for Cheers Wine & Spirits to
allow further review of the dollars, geographic limits, households
and procedure for handling overlapping of geographic applications.
Wachter, Egan and McCrea voted in favor; Ellison and Gustafson voted
against.
XAVIER'S RESTAURANT/ON-SALE LIQUOR/CONDITIONAL USE PERMIT
City Administrator Tom Hedges recommended continuing the matter
to the same meeting the off -sale liquor applications are received.
Carmen Connessa (applicant) informed the Council she was only
notified on Thursday of the meeting and that she had applied over two
months ago. City Administrator Tom Hedges pointed out that additional
information was needed. Councilmember McCrea felt that the matter
should also be laid over to the January City Council meeting for
further Council review. City Attorney Jim Sheldon reported that the
police department was very reliable and that a license was needed
before a conditional use permit could be considered.
Egan moved, Wachter seconded, the motion to continue indefinitely
the conditional use permit to allow on -sale liquor at Xavier's
Restaurant. Wachter, Ellison, Egan and McCrea voted in favor;
Gustafson voted against.
A & R PALLET-CRATING/CONDITIONAL USE PERMIT
City Administrator Tom Hedges introduced the matter. Community
Development Director Dale Runkle presented the application summary.
Art Mulvihill (applicant) recapped the application. He informed the
Council he had no problem with the proposed staff conditions.
Gustafson moved, Egan seconded, the motion to approve a
conditional use permit to allow outside storage in a Light Industrial
district located on Lots 4 and 5, Block 1, Halley's First Addition
12/5/89
OFF- SALE LIQUOR LICENSES
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,ili'x—l� .. ���� -—�-•!�%� `,. tom'~• r •� , (1.- �. — is �Wr - �
ACTIVE LICENSES: PENDING APPLICATIONS:
1- Big Top Wines a Spirits (Applebaum) 7- Cheers Wine 3 Spirits
g_ Richard Barone
2- Kenny's
3- Great Northern Spirits
4- Big Top Wines a Spirits (Sidco)
5- MGM Warehouse
6- Liquor Shoppe,Inc. 013
S 5.52
Subd. 11. No more than twelve (12) on -sale
licenses may be issued, except that a thirteenth such
license may be issued to a qualified applicant for an
establishment which is an integral part of a hotel or motel
having over 60 rooms or in a building or portion of a
building associated with serving liquor the value of which
exceeds $500,000.00. All on -sale licenses shall be for
premises situated in a commercial or industrial use district
under a conditional use permit.
Source: City Code
Effective Date: 1-1-83
Subd. 12. No more than four (4) off -sale licenses
may be issued. They must be geographically spaced so that
one license shall be located in the north area (southerly
boundary shall be Silver Bell Road - Wescott Road excluding
Silver Bell Shopping Center); one in the southeast area; and
two in the southwest area with the easterly boundary located
along the Interstate I -35E right of way. The Silver Bell
Shopping Center shall be included in the southwest area.
The Council reserves the right to determine specific
compliance with this Subdivision.
Source: Ordinance No. 26, 2nd Series
Effective Date: 2-7-86
Subd. 13. 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
Subd. 14. It is lawful for an off -sale licensee
to provide samples of wine, liqueurs, and cordials which the
licensee currently has in stock and is offering for sale to
the general public without obtaining an additional license,
provided the wine, liqueur, and cordial samples are
dispensed at no charge and consumed on the licensed premises
during the permitted hours of off -sale in a quantity less
than 50 milliliters of wine per variety per customer and 25
milliliters of liqueur or cordial per variety per customer.
Source: Ordinance No. 11, 2nd Series
Effective Date: 4-27-84
SEC. 5.53. HOURS AND DAYS OF
otherwise provided in Section 5.54,
be made after 1:00 o'clock A.M. on
113
C:�)Y
LIQUOR SALES. Except as
no sale of liquor shall
Sunday, nor until 8:00
(6-15-86)
k
MEMO TO: CITY ADKINISTRATOR HSDGRS
FROM: ADKINISTRATM ASSISTANT HITT
DATE: FEBRUARY 13, 1986
SUBJECT: ON -SALE LIQUOR
By State statute, the City of Eagan is allowed 18 on -sale liquor
licenses until the population reaches 45,000. For each 2,500
increase thereafter, another license may be issued. There are
currently nine active licenses in Eagan and their locations are
shown on the map. The first license was issued in 1973, two in
1974, one each in 1976 and 1979, three in 1982 and one in 1983.
A survey of metro area communities was undertaken and the results
are shown on the chart. Staff learned that several variables
could be involved in the issuing of licenses. Various options to
regulate issuance of licenses include:
1. Valuation: If valuation is used, the term must be defined as
to what is and what is not included. Eagan requires an
appraised value of $200,000 as to the building or portion of
building associated with liquor sales. Staff has assumed
that this refers to the County Assessor's figure of estimated
market value and does not include land or any items such as
fixtures or equipment not included by the Assessor.
Burnsville requires a $1,000,000 valuation which includes
fees, site development, construction costs, utilities,
furnishings and fixtures, but not land.
The County Assessor's values for free standing structures and
a facility in a strip shopping center differ. The major
factor in a strip center is the square footage of the
building and land. The type of use is not included in calcu-
lations because it changes constantly. The assessor does
make adjustments based on vacancy rates in a center. Right
now the Cedar -Cliff occupancy rate is high and its
building/land value is higher than for the Flour Bin across
the street. The assessor said the City would have to break
out building/land costs for a particular center occupant
through whatever methods they choose; the County only asses-
ses as a whole.
At least some of the current holders of Eagan on -sale liquor
licenses do not meet valuation requirements but I believe
were grandfathered in when the Ordinance was adopted, or the
valuation was not considered when the license was issued.
The Valley Lounge, Richard's Food and Liquor and the
Mediterranean Cruise have payable 1985 valuations of
$105,500, $98,600 and $147,400, respectively, including both
land and building. The Cedarvale Bowl and the Eagandale Club
probably do -not meet the valuation test either when it is
applied against the portion of the building relating to food
and liquor.
2. Seating Capacity - Square Footage: Most communities set a
larger minimum seating capacity than Eagan. The higher
number tends to increase the valuation and decrease the
possibility of a "night club" facility. Although without a
food percentage requirement being enforced, size/seating
capacity may just produce larger facilities selling primarily
liquor.
3. Food -Liquor Ratio: This option also serves to promote
restaurant and decrease "night clubs" by requiring a greater
percentage of the business be with the food operation.
Brooklyn Center directly ties the license fee to the food
percentage and found this to be an effective means to
discourage "night clubs" and bars. An auditor's services
would be required to validate the food -liquor ratio. Eagan
has not conducted any reviews of any establishment that I am
aware of, instead relying on good faith, voluntary compli-
ance.
4. Location: Whether to allow or disallow an on -sale liquor
establishment in a strip center has not been an issue in most
cities. If the applicant meets the Code requirements, he can
locate in any area zoned to allow such an establishment. In
Eagan, on -sale licenses can be a conditional use in the
following zones:
Limited Business - LB
Neighborhood Business - NB
General Business - GB
Community Shopping Center - CSC
Regional Shopping Center - RSC
Roadside Business - RB (is a permitted use)
Limited Industrial and General Industrial allow
beer and wine only.
Given that information, it may be appropriate to limit
licenses issued to smaller or lower valuation establishments
geographically so as to dispense a pre -determined number
throughout the community. This approach would be similar to
the current status of off -sale licenses. Without that
restriction, there is a staff concern about small strip
shopping centers having two or three licenses. For example,
both Slicers and Hong Wong in Cedar -Cliff.
5. Reserved Licenses: Most communities have many inactive
licenses and do not feel the need to reserve licenses. Eagan
may want to divide up the current maximum number available to
different types or different valuation levels thereby
reserving a number of licenses for various types of
establishments.
The City Code currently incorporates four of these five possi-
bilities into issuance of on -sale licenses excluding only
geographic locations. The current combination of relatively low
seating capacity and license fee make liquor sales an economic
possibility for a large number of businesses. The valuation
restrictions and food ratios while easy to define in a schedule
are very difficult to monitor and enforce. Any new schedule
based on valuation should incorporate existing licenses and not
just grandfather them which would generate a rather large number
in the lower valuation group and necessitate some review of
licenses such as Cedarvale Bowl.
• W
6�e
Adm' istrative Assistant
LW/FJV/kf
cc: E. J. Vanoverbeke, Finance Director/City Clerk
ON -SALE LIQUOR INFORMATION
METRO AREA COMMUNITIES
SEATING/
RESERVED FOOD T
COMMUNITY
VALUATION
SQ. FOOT.
LICENSES LOCATION 'tFEE
Apple Valley
N/A
50(1200 )
none none none
$5000
Brooklyn Center
N/A
150
none none
50-79%
000
$1$8000
40-49%
$14,000
Burnsville
$1,000,000
50
A-Restaurantnone none
:45000
(includes
B -Restaurant
everything
in hotel/
but land)
N/A
150
motel
none none none
$5000
Coon Rapids
Maple Grove
N/A
none
I none T none none
$4500
(Zoning ordinance might dictate
seating,
square footage reqs.
On -sale
liquor license does
not specify.)
11
1
Mendota Heights
N/A
50min.
I none none none
$10,000
(open to
public
75 max.
$3000
(limited
service)_.
Minnetonka
N/A
100
none none 50%
$7500
Eagan
$200,000
30
PUD agreements
$3500
may specify
#
$500,000
I of licenses per
Development
60%1
CITY OF EAGAN
1. Al Baker's `83
3434 Washington Dr
2. Cedarvale Bowl 9
3883 Beau @'Rue Dr
3. Durnincs '82
4625 NlColls Rd
4. Eaca^.dale flub �4
333^, Piot 1�.ob Rd
5. LaFonda's 176
3665 Sibley Mem. Hwy.
6. Mediterra^ear Cruise
3945 Sibley Mon. Hwy,.g.
7. Richard's Food & Liquo
4185 S. Robert Trail.8;
S. Starks Saloon. '73
3125 Dcdd Rd
9. Valley Zo;:rge f74
3385 Sibley Mem. Hwy.
1986
ON -SALE LIQUOR LOCATIONS
S
Council Minutes
February 18, 1986 00062
WINDTREE 5TH AND 6TH ADDITION - CONTRACT #86-5
The staff submitted and recommended approval of the plans and
specifications for Contract #86-5 consisting of utility improvements for
Windtree 5th and 6th Additions. Wachter moved, Ellison seconded the motion to
approve the recommendation of the staff and authorize its implementation,
including the advertisement of bids to be opened on March 14, 1986 at 10:30
a.m. at the City Hall. All voted yes.
O'NEIL POND - CONTRACT #86-7
The plans and specifications for the O'Neil pond trunk storm sewer outlet
under Contract #86-7 have now been completed and staff recommended their
approval. Smith moved, Ellison seconded the motion to approve the plans and
specifications under Contract 486-7 and to authorize the Clerk to advertise
for bids in the appropriate legal newspapers with the opening to be held on
March 14, 1986 at 10:30 a.m. at City Hall. All voted yea.
CITY MAINTENANCE GARAGE - CONTRACT 085-21
City Administrator Tom Hedges discussed with the Council the proposed
concept design approval of the maintenance garage being planned on city
property on Coachman Road. A letter from Jack Boarman Architects dated
February 13, 1986 was reviewed and Jack Boarman was present to discuss the
status of the plans and in addition, the project manager from the Boarman
office was also present. He reviewed several schemes and projected that the
building would cover the needs for approximately 10 years. There were
questions from Council members but no objections. Wachter moved, Smith
secondea the motion to approve the concept design for the proposed maintenance
garage expansion and authorize the preparation of detailed plans and
specifications. All voted yes.
ON -SALE LIQUOR LICENSE POLICY - CONTINUED
Councilman Smith commented on the staff report regarding on -sale liquor
license policies and proposed that the Council reserve the following licenses:
1. Four on -sale liquor licenses for hotel type uses.
2. Three on -sale licenses for larger supper club sit down on -sale
restaurants with a minimum real estate tax valuation of $350,000.00.
3. Two liquor licenses reserved for smaller restaurants with council
approved exceptions to certain strict liquor license requirements, with the
understanding, however, that the food/liquor ratio and minimum seating
requirements will -be adhered to.
30
Council Minutes
February 18, 1986
00063
It was understood that there are currently 18 on -sale liquor licenses
authorized for the City at the current population level. Smith moved, Wachter
seconded the motion to implement the foregoing schedule for reserved liquor
licenses with the understanding that the staff would review the liquor
ordinance and policies and attempt to consolidate the policies in either
ordinance or resolution form for later council approval; such provision should
include that the calculation of the minimum valuation for restaurant locations
would only include a leased area of the building. All councilmembers voted in
favor.
TOLLEFSON BUILDERS
At the time of the agenda for visitors to be heard, Carl Tollefson of
Tollefson Builders, Inc. appeared and requested reconsideration of the
Councib's action at its February 4, 1986 meeting regarding the granting of
building permits and contractor's license to Tollefson Builders. He reviewed
the background of the dispute regarding sanitary sewer easements within
Brittany 7th Addition and noted that Don Erickson, the contractor in the sewer
project, ann Bill Dolan the Engineer, were present. He stated that the
easement vacation of a part of the sanitary sewer line was proposed by City
staff ant described the meetings held with the staff, the residential
purchasers, including Mr. and Mrs. Skupa and Mr. and Mrs. Buckingham who were
present at the meeting. An agreement had been drafted by the City Attorney's
office and signet by Tollefson Builders, but noted that the Skupas and
Buckinghams had refused to sign the hold harmless agreement.
He mentioned that he understood the vacation hearing scheduled for
February 4, 1986 would not be held in that the parties had not all signed the
hold harmless agreement and therefore, had no representatives from Tollefson
Builders present at that time. He further noted that it was proposed through
the City staff that the injecting of grout into the soil near the Skupa
resiaence has been proposed and would be completed by April 15. He objected
to the temporary suspension of contractors license, particularly in that the
representative of Tollefson was not present at the February 4, 1986 meeting.
No action was taken
RADIO EQUIPMENT
Tom Hedges recommended that an agreement be entered into with Dr. Dubois
to authorize and review the specifications for radio equipment for the City.
Smith moved, Wachter seconded the motion to authorize the staff to implement
the recommendation. All voted yes.
SPECIAL COUNCIL MEETINGS
Wachter moved; Ellison seconded the motion to schedule special Council
meetings for the City Council at 6:30 on March 11, 1986 and 7:00 p.m. and on
March 25, 1986 at the City Municipal Center. All voted yea.
10
„ 3 /
5 5.52
Subd. 10. On -sale licenses shall be granted only
to hotels, motels, restaurants and fraternal clubs.
Source: City Code
Effective Date: 1-1-83
Subd. 11. No more than eighteen (18) on -sale
licenses may be issued. All on -sale licenses shall be for
premises situated in a commercial or industrial use district
under a conditional use permit. The nine (9) licenses
available March 5, 1986 shall be distributed to qualified
applicants as follows:
A. Four (4) licenses for hotels/motels=
B. Three (3) licenses for restaurants with
at least $350,000.00 building valuation (exclusion of lease-
hold improvements, equipment or common areas)l and,
C. Two (2) for other restaurants.
Source: Ordinance No. 35, 2nd Series
Effective Date: 6-6-86
Subd. 12. No more than one (1) off -sale license
may be issued for each 2,000 households in the City as
determined by the Metropolitan Council as of April 1 of each
year. The sixth off -sale license shall not be approved
prior to July 1, 1987. One additional off -sale license may
be approved each year thereafter. However, no license shall
be approved prior to the 1st day of August of each year
commencing in 1988. Applications will not be accepted
unless a license is available as determined by the household
count. Each applicant shall display to the City's satisfac-
tion 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: Ordinance No. 38, 2nd Series
Effective Date: 9-5-86
Subd. 13. 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 Dates 1-1-83
(6-15-87)
3aZ
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1990 ON SALE LIQUOR LICENSES
44.
5 T- I AL BAKERS
V, 3434 Washington Dr.
2 CEDARVALE LANES
3883 Beau d' Rue Dr
3 COMPRI HOTEL
Q 2700 Pilot Knob Road
4A
4 J DOOLITTLES
T 2140 Cliff Road
L4
DOUGHERTY'S
TAN
1312 Town Centre Dr
6 DURNINGS
k 4625 Nicols Rd
�Jl
7 HONG WONG 0,
o
2139 Cliff Rd
-.
Q:
8 LA FONDAS
wLl
3665 Sibley Memorial Hwy
4 9 MEDITERRANEAN CRUISE
3945 Sibley Memorial Hwy L
10 RICHARDS FOOD A LIQUOR
4185S. Robert Trail
27
777 •-777 STARKS SALOON
X
r.
3125 Dodd Rd
-*f 12 VALLEY LOUNGE
ry -
3385 Sibley Memorial Hwy
t2L-
.
MI
Club LOST SPUR COUNTRY CLTIB
2750 Sibley Memorial Hwy
Page 11/EAGAN CITY COUNCIL MINUTES
December 5, 1989
Mayor Ellison declared that the City should not give monopolies
and should encourage free enterprise. He stated that the population
growth would provide more licenses and felt that looser restrictions
were better. He stated the applicant was qualified and that the
Council should act on the application. Councilmember Wachter
explained that he was not saying the applicant was not qualified but
felt that the new Council should plot a course. Councilmember
Gustafson felt the matter should not be delayed.
Gustafson moved, Ellison seconded, the motion to approve an
off -sale liquor license application for Cheers Wine & Spirits to be
located at the Rahncliff Crossings. Gustafson and Ellison voted in
favor; Wachter, Egan and McCrea voted against.
Councilmember Egan pointed out that his vote in no way reflected
the merits of the application.
Egan moved, McCrea seconded, the motion to continue indefinitely
the off -sale liquor license application for Cheers Wine & Spirits to
allow further review of the dollars, geographic limits, households
and procedure for handling overlapping of geographic applications.
Wachter, Egan and McCrea voted in favor; Ellison and Gustafson voted
against.
XAVIER'S RESTAURANT/ON-SALE LIQUOR/CONDITIONAL USE PERMIT
City Administrator Tom Hedges recommended continuing the matter
to the same meeting the off -sale liquor applications are received.
Carmen Connessa (applicant) informed the Council she was only
notified on Thursday of the meeting and that she had applied over two
months ago. City Administrator Tom Hedges pointed out that additional
information was needed. Councilmember McCrea felt that the matter
should also be laid over to the January City Council meeting for
further Council review. City Attorney Jim Sheldon reported that the
police department was very reliable and that a license was needed
before a conditional use permit could be considered.
Egan moved, Wachter seconded, the motion to continue indefinitely
the conditional use permit to allow on -sale liquor at Xavier's
Restaurant. Wachter, Ellison, Egan and McCrea voted in favor;
Gustafson voted against.
A & R PALLET-CRATING/CONDITIONAL USE PERMIT
City Administrator Tom Hedges introduced the matter. Community
Development Director Dale Runkle presented the application summary.
Art Mulvihill (applicant) recapped the application. He informed the
Council he had no problem with the proposed staff conditions.
Gustafson moved, Egan seconded, the motion to approve a
conditional use permit to allow outside storage in a Light Industrial
district located on Lots 4 and 5, Block 1, Halley's First Addition
3 y
FACTORS TO CONSIDER IN SERVICING EAGAN RESIDENTS
1. DemoaraphicallY: Number of residents within 1.5 miles, 3
miles, and 5 miles support more than one liquor at Cliff and
Rahn.
2. Traffic*: Present and projected level of traffic show
viability for more than one store. Ideal to have one on each
side to minimize turn movements. Proposed store is in drive
home side of road.
3. Merchandising: Great Northern Store provides convenience to
Cub shoppers. Proposed store will be larger, more diverse
and selected merchandise. Broader selection of wines, beers,
cordials, and specialty waters. Stores could be non-
competitive. 11
4. Tenant Mix: Convenient for residents to pick up take-out or
sit-down foods, movies and beverages both nonalcoholic and
alcoholic at Cliff and Rahn.
5. Management & Security: Experienced Manager is a resident of
Eagan and lives in close proximity to proposed store.
*For comparison purposes the existing store in Bloomington,
Amsden Liquor, is directly across from the Eden Prairie Municipal
Liquor Store. Traffic at that location reported at 18,000-20,000
Average Daily Total. Cliff Road at Rahn is presently reported at
22,800 Average Daily Total.
The Pemtom Company
8200 Himboid. -venue °c_•^
V nnear)c s. r0% 55431
61 2.888.9561
Daniel J. Herbst
Presiden!
3SO
DEMOGRAPHIC REPORT 1.5 MILE RADIUS
RAHN & CLIFF
169 & ANDERSON
VARIABLE
EAGAN
LAKES EKWY. BLMGTN
+/-
1988 Population
18,043
13,868
+
4,175
1993 Population
22,516
17,606
+
4,910
1988 to 1993 Population Growth
4,473
3,738
+
735
1988 Households
6,689
5,323
+
1,366
1993 Households
8,619
7,041
+
1,578
1988 to 1993 Household Growth
1,930
1,718
+
212
1988 Families
4,912
4,116
+
796
Year Round Housing Units
6,989
5,692
+
1,297
Household Income under $15,000
625
365
+
260
Household Income $15,000-$24,999
1,004
445
+
559
Household Income $25,000-$34,999
1,016
452
+
564
Fousehol3 Income $35,000-$49,999
1,610
1,278
+
332
Household Income $50,000-$74,999
1,737
1,459
+
278
Household Income $75,000-$99,999
557
794
+
237
Household Income $100,000+
140
530
+
390
Median. Household Income
41,948
53,318
-11,370
Average Household Income
44,615
60,495
-15,880
Population Age 0-5
1,893
1,542
+
351
Population Age 6-17
3,868
2,483
+
1,385
Population Age 18-24
2,146
1,141
+
1,005
Population Age 25-34
3,929
3,458
+
471
Population Age 35-44
3,472
2,679
+
793
Population Age 45-54
1,808
1,098
+
710
Population Age 55-64
591
771
-
180
Population Age 65+
336
696
-
360
Race - White
17,258
13,470
+
3,788
Race - Black
253
106
+
147
Race - Other than Black or White
532
292
+
240
Ancestry Hispanic
121
86
+
35
Households with Children
3,619
2,565
+
963
Households without Children
3,070
2,758
+
312
Child Aged 0-5 & 6-17
624
501
+
123
Child Aged 0-5 Only
839
687
+
152
Child Aged 6-17 Only
2,020
1,237
+
783
Single Unit at Address
4,769
4,974
-
205
2-9 Units at Address
116
424
-
308
10+ Units at Address
1,549
289
+
1,260
Mobile Home at Address
555
5
+
550
1988 Population
18,043
13,868
+
4,175
Non -Alcoholic Beverages ($000)
1,563
1,223
+
340
Total Packaged Alcoholic Bev ($000)
2,387
2,452
-
65
Packaged Beer/Ale ($000)
1,113
999
+
114
Packaged Wine ($000)
335
396
-
61
Other Packaged Alcoholic Bev ($000)
941
1,058
-
117
Liquor Stores (RUS)
4
3
+
1
DEMOGRAPHIC REPORT 3,0 MILE RADIUS
RAHN & CLIFF
169 & ANDERSON
VARIABLE
1988 Population
E G N
47,441
LAKES PKWY. BLMGTN
28,932
+I-
+18,509
1993 Population
57,601
34,174
+23,427
1988 to 1993 Population Growth
10,160
51242
+
4,918
1988 Households
17,403
10,752
+
6,651
1993 Households
21,865
13,231
+
8,634
1988 to 1993 Household Growth
41462
2,479
+
1,983
1988 Families
12,833
8,275
+
4,558
Year Round Housing Units
18,228
11,535
+
6,693
Household Income under $15,000
1,527
581
+
946
Household Income $15,000-$24,999
2,357
845
+
1,512
Household Income $25,000-$34,999
2,604
1,057
+
1,547
Household Income $35,000-$49,999
4,341
2,515
+
1,826
Household Income $50,000-$74,999
41782
3,059
+
1,723
Household Income $75,000-$99,999
1,466
10543
-
77
Household Income $100,000+
326
1,152
-
826
Median Household Income
42,824
54,572
-11,748
Average Household Income
45,121
61,434
-16,313
Population Age 0-5
5,438
2,907
+
2,531
Population Age 6-17
10,286
5,326
+
4,960
Population Age 18-24
4,790
2,559
+
2,231
Population Age 25-34
11,184
6,690
+
41494
Population Age 35-44
9,700
5,577
+
4,123
Population Age 45-54
3,687
21,616
+
1,071
Population Age 55-64
1,473
1,741
-
268
Population Age 65+
883
1,516
-
663
Race - White
45,755
28,061
+17,694
Race - Black
591
265
+
326
Race - Other than Black or White
1,095
606
+
489
Ancestry Hispanic
347
186
+
161
Households with Children
9,655
5,118
+
4,537
Households without Children
7,748
5,634
+
2,114
Child Aged 0-5 & 6-17
2,034
908
+
1,126
Child Aged 0-5 Only
2,349
11233
+
1,116
Child Aged 6-17 Only
4,832
2,733
+
2,099
Single Unit at Address
13,459
9,983
+
3,476
2-9 Units at Address
272
549
-
277
10+ Units at Address
3,801
998
+
2,803
Mobile Home at Address
696
5
+
691
1988 Population
47,441
28,932
+18,509
Non-Alcoholic'Beverages ($000)
4,124
21551
+
1,573
Total Packaged Alcoholic Bev ($000)
6,340
5,276
+
1,064
Packaged Beer/Ale ($000)
2,954
2,146
+
808
Packaged Wine ($000)
885
853
+
32
Other Packaged Alcoholic Bev ($000)
2,501
2,278
+
223
Liquor Stores (BUS) .J? 6
5
+
1
DEMCGRAPHIC REPORT 5 MILE RADIUS
RAHN & CLIFF
169 5 ANDERSON
VARIABLE
EAGAN
LAKES PKWY, BLMGTN
+/-
1988 Population
114,693
107,688
+
7,005
1993 Population
132,924
118,226
+14,698
1988 to 1993 Population Growth
18,231
10,538
+
7,693
1988 Households.
41,600
41,856
+
256
1993 Households
49,638
47,461
+
2,177
1988 to 1993 Household Growth
8,038
5,605
+
2,433
1988 Families
30,722
30,159
+
563
Year Round HouEing Units
43,658
43,783
-
125
Household Income under $15,000
3,429
4,116
-
687
Household Income $15,000-$24,999
5,125
4,262
+
863
Household Income 525,000-534,999
6,360
5,215
+
1,145
Household Income $35,000-S49,999
11,146
8,728
+
2,418
rouse^old Income $50,000-$74,999
10,988
10,574
+
414
Household Income $75,000-$99,999
3,454
4,907
-
11453
Household Income $100,000+
11098
4,054
-
2,956
Median Household Income
42,729
48,859
-
6,130
Average Household Income
45,961
56,317
-10,356
Population. Age 0-5
12,098
7,901
+
4,197
Population Age 6-17
23,783
19,868
+
3,915
Population Age 18-24
12,294
11,444
+
850
Population Age 25-34
26,492
18,645
+
71847
Population Age 35-44
21,814
19,216
+
2,598
Population Age 45-54
9,731
13,060
-
3,329
Population Age 55-64
5,158
9,158
-
4,000
Population Age 65+
3,323
8,396
-
5,073
Race - White
111,108
105,158
+
5,950
Race - Black
1,298
770
+
528
Race - Other than Black or White
2,287
1,760
+
527
Ancestry Hispanic
804
569
+
235
Households with Children
21,770
17,327
+
4,443
Households without Children
19,830
24,529
-
4,699
Child Aged 0-5 & 6-17
4,204
2,510
+
1,694
Child Aged 0-5 Only
5,004
3,285
+
1,719
Child Aged 6-17 Only
11,614
10,869
+
745
Single Unit at Address
33,280
32,771
+
509
2-9 Units at Address
1,296
1,543
-
247
10+ Units at Address
8,241
91441
-
1,200
Mobile Home at Address
841
28
+
813
1988 Population
114,693
107,688
+
7,005
Non -Alcoholic Beverages ($000)
9,967
91331
+
636
Total Packaged Alcoholic Bev ($000)
15,768
19,343
-
30,575
Packaged Beer/Ale ($000)
7,255
8,042
-
787
Packaged Wine ($000)
2,232
30,077
-
845
Other Packaged Alcoholic Bev ($000)
6,282
8,228
-
1,946
Liquor Stores (BUS)
16
17
-
1
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January 24, 1990
To- Tom Hedges
From: Al Baker
Subject To develope criteria and qualifi-
cations for an On -sale Liquor
License which will promote:
1 Property Developement
2. Real Estate Tax Base
3. Investment in the Community
4 Economic Impa^t on the Community
Al Baker's
Building 8,000 Square Feet
Land 2 Acres
Investment $1,400,000
Employees 90
Annual Payroll \9 �9� $925,000
Real Estate Taxes $30,000
Sales Tax Collected 1989- $168,000
��0
q I
January 22, 1990
Mayor and City Council
City of Eagan
3830 Pilot Knob Road
Eagan, Minnesota 55122
Attn: Thomas L Hedges, City Administrator
Dear Mavor & Council Members:
During 1985-86, the City Council recognized the increasing adverse affects on
numerous wetlands and waterbodies within the community resulting from the City's
continued development. In recognition of the value of these natural resources along
with a strong commitment to preserve and enhance their quality, the Council
authorized the preparation of a Comprehensive Water Quality Management Plan and
the creation of a Special Task Force to review the issues and oversee the process as-
sociated with the preparation of this Comprehensive Plan. This Task Force was com-
prised of concerned citizens of the community, various metropolitan and County
agency staff personnel, City Advisory Commissions, consulting engineering firms and
City personnel as identified on the following page.
Through a joint effort with the Gun Club Lake Watershed Management Organization,
a detailed comprehensive inventory of all wetlands and waterbodies was performed
and completed in December 1987. Through contractual agreements with the Dakota
County Soil & Water Conservation District and J.M. Montgomery, Inc., (formally E.A.
Hickok & Associates), an extensive sampling program was initiated during 1988 to es-
tablish baseline data necessary for creating a computer model program to predict the
impact of development on water quality. Unfortunately, the drought of 1988
precluded the City's ability to obtain any meaningfitl information. Subsequently, the
Management Plan was completed based on a theoretical model using metropolitan
averages to be modified as a result of an ongoing sampling and monitoring plan.
Mayor and City Council
City of Eagan
January 22, 1990
In conjunction with the preparation of this Water Quality Plan, the City Council
authorized the revision and update of the City's Comprehensive Storm Drainage Plan
by the consulting firm of Bonestroo, Rosene, Anderlik & Associates, Inc.
By combining the analysis of these two Plans during the same time frame, the City was
assured that both management Plans would be compatible and able to handle the quan-
tity and quality of surface water runoff in the most efficient and effective manner pos-
sible.
The Eagan Water Quality Task Force is pleased to present to the City Council for their
approval this Comprehensive Water Quality Management Plan. We sincerely feel that
the adoption of the policies contained in this Plan along with the implementation of
the recommendations and action plans will have a significant impact on preserving and
enhancing one of our community's most abundant and valued natural resources. We
would be pleased to further pursue this important program to whatever extent the
Council may desire. Please let us know if we can be of further service.
Respectfully submitted,
The Eagan Water Quality Task Force
113
WATER QUALITY TASK FORCE
MEMBERS
Citizens
Scott Markley
Wayne Sames
City Representatives
Thomas A. Colbert, Director of Public Works
Richard Carrol, Advisory Parks and Recreation Commission
John Vondelinde, Superintendent of Parks
Michael P. Foertsch, Assistant City Engineer
Jim Sheldon, City Attorney
State Agency Representatives
Steve Heiskary, Minnesota Pollution Control Agency
Pat Lynch, Minnesota Department of Natural Resources
Mike Mueller, Minnesota Department of Natural Resources
Consultants
John Barton, Dakota County Soil and Water Conservation District
Lynn Cha.koian, Dakota County Soil and Water Conservation District
Tim Kelly, Dakota County Soil and Water Conservation District
Brian Christiansen, J.M. Montgomery, Inc.
Ismael Martinez, Bonestroo, Rosene, Anderlik and Associates
�q
EXECUTIVE SUMMARY
This report presents a comprehensive water quality management plan for the City of
Eagan. The plan includes a layout of the drainage and ponding system of Eagan with
the respective classification of each waterbody for water quality purposes.
This pian is intended to assist the City to effectively manage the water resources in
Eagan. The plan defines short and long term goals as well as general criteria to be ap-
plied in order to improve water quality in designated lakes and ponds.
A six step process was used to develop this water quality plan:
- Resource Inventory
- Waterbody Classification
- Management Criteria
- Policies and recommendations
- Capital Improvements
- Public Involvement
The above mentioned six steps were the main framework for the contents of this plan.
This plan contains the following chapters:
Okla
I. Introduction
U. Inventory and classification of waterbodies
M. Computer Modeling
IV. Water Quality Policies and Recommendations
V. Requirements of New Developments
VI. Education
VII. Priorities for Action on Waterbodies
VIII. Monitoring
IX. Watershed Specific Recommendations
X. Financial Alternatives
Appendices
Chapter I Contains information regarding the location of the City and the
goals of the Water Quality Task Force that motivated this plan.
Chapter II Describes the criteria utilized to classify water bodies by desired use
considering existing physical characteristics. The main source of
information for preparation of the inventory was the Wetland
Inventory prepared and published by the Gun Club Watershed
Management Organization.
Chapter III Discusses the parameters involved in the selection,
implementation, and calibration of the Walker computer model. This
model was used to represent the behavior of phosphorus loading and
removal in the system.
Chapter rV Contains a series of Water Quality management policies and
recommendations intended to help the city to achieve the goals
stated in this plan.
Chapter V Contains information and recommendations to address phosphorus
control in future developments. This chapter also provides
alternatives and mitigative measures for developments not able to
treat the increase of phosphorus generated by their own
development.
Chapter VI Gives general recommendations and guidelines to educate the
various sectors of the City to control and reduce phosphorus
loadings. The sectors of the City targeted are: Residents,
Development community, and City Staff.
Chapter VII Describes the ranking system utilized in order to define and
determine which waterbodies are most important and play a key role
in the City's water quality system.
Chapter VIII Presents a Secchi disk monitoring program and a short term
intensive sampling program in order to know the current quality of
the waterbodies in the city.
H6
Chapter IX Discusses and describes the results of the modeling of all
waterbodies within the system. This chapter also contains particular
recommendations in order to effectively achieve improvements in the
system.
Chapter X Contains an economic analysis of the plan, a list showing sources
Of revenue, and a capital improvement program based on the short
term monitoring program.
This plan also contains a section of appendices intended to provide more detailed infor-
mation of aspects related to water quality modeling, and the general criteria for an
erosion and sediment control plan.
47
IMPLEMENTATION STRATEGIES
EAGAN WATER QUALITY MANAGEMENT
Education Programs
• Information resources development and dissemination
• School programs - planning and delivery
• Public programs - planning and delivery
• Public listening sessions/public hearings
• Public information releases - newsletter/local press/public notices
• Training program development/delivery - City staff, developers, and volunteers
• Response to public inquiries
• Neighborhood/lake specific education efforts
• Education program coordination - Recreation/Community Education Departments
• Sampling technique training
• Phosphorus -free fertilizer/soil sampling programs
• Education program evaluation recommendation
Water Ouality Monitoring
• Secchi disk monitoring program (volunteer program)
• Short-term intensive sampling and lake analysis
• Runoff model amendment and calibration
• Inter -agency water sampling/monitoring coordination
• Lake Assessment Programs - MN PCA
• Cleanwater Partnership Grants - MN PCA
• Clean Lakes Program - US EPA
• Public complaints - documentation and assessment
• Water quality monitoring - evaluation/recommendation
Lakes/Ponds Mana ement
• Phosphorus -free fertilizer program
• Street sweeping programs
• Erosion sediment control
• Emergency spill response
• Basin maintenance
• CIP implementation
• Pond dedication/construction
• Pond dredging/reconfiguration
• Water level manipulation
• Storm sewer by-pass construction
• Bio -manipulation
• In -basin treatment (chemical and precipitator)
• Lake aeration
• Fish restocking/lake reclamation
• Lake access development (piers, access ramps, observation decks)
Program Administration
• Inventory - management/update
• Waterbody classification/management goals
• CIP development/action plans
• Annual budget development/administration
• Grant wTiting/administration
• Plat review - dedication requirement/mitigation
• Runoff model use and calibration
• Inter -agency coordination/technical assistance
• Commission/Council coordination
• Inter -agency° revie«/planning/coordination
• Storm sewer/ water quality - joint planning
• Task force administration and planning
• Public policy enforcement and implementation
• Shoreland zoning, "water quality coordination
• Program evaluation
• Water Quality Plan review and updating
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IMPLEMENTATION RESOURCES
EAGAN WATER QUALITY MANAGEMENT
Grants/Technical Assistance
• Cleanwater Partnership Program - MN PCA
• Clean Lakes Program - US EPA
• Cooperative Opportunities for Resource Enhancement - MN DNR
• Small Lakes Management Grant Program - MN DNR
• Lake Assessment Program - MN PCA
• Citizen Lake - Monitoring Program - MN PCA
• Shoreline, Lakeshore, and Roadside Erosion Control - MN S&WRB
• Outdoor Recreation Grants Program - MN DTED
• Technical Assistance - MN PCA, MN DNR, Dakota SWCD
Funding Alternatives - City of Eagan
• Stormsewer Enterprise Fund
• Water Quality Mitigation Fund
• Special Assessments
• "Em-ironmental Trust" Fund
• Annual Operations Budget
• Park and Open Space Dedication Requirement
Other Alternatives - City of Eagan
• Force Account Labor and Equipment
• Engineering Services
• Staff Coordination/Management
• Inter -agency Cooperation and Project Implementation
• Volunteers/Civic Organizations
• Citizen Initiatives (Lake Associations)
• Corporate Initiatives (On-site Enhancements)
• Donations and Charitable Contributions
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Report for
9tormwater Drainage Utility Plan
Eagan, Minnesota
January I990
File No. 49482
Bones t roo
Rosene
2- M Anderilk
Associates
Engineers & Architects
January 18, 1990
Mr. Tom Colbert
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
Re: Storm Drainage Utility
File No. 49482
Dear Tom,
Otto G. Bonestroo. PE
Robert W Rosene, P.E.
Joseph C. Anderlik, P.E.
Richard E. Turner, P.E.
James C. Olson, P.E.
Glenn R. Cook, P.E.
Thomas E. Noyes. P.E.
Robert G. Schunicht. PE.
Marvin L. Sorvala, RE
Keith A. Gordon. PE
Richard W. Foster, PE.
Donald C. Burgardt. RE
Jerry A. Bourdon, P.E.
Mark A. Hanson, P.E.
Ted K. Field. P.E.
Michael T. Rau' mann. RE
Robert R. Pfefferle, P.E.
David O. Loskota. P.E.
Thomas W. Peterson. P.E.
Michael C Lynch, P.E.
James R. Maland, PE.
Kenneth P. Anderson, RE
Mark R. Rohs. P.E.
Robert C. Russek, R.I.A.
Thomas E. Angus, P.E.
Howard A. Sanford. P.E.
Daniel J. Edgerton, P.E.
Mark A. Seip, RE
Philip J. Caswell. P.E.
Mark D. Wallis. RE
Thomas R. Anderson, A.I.A.
Gary F. Rylander, P.E.
Miles B. Jensen, P.E.
L. Phillip Gravel III, P.E.
Charles A. Erickson
Leo M. Pawelsky
Harlan M. Olson
Susan M. Eberlin. C.P.A.
Enclosed is the Storm Water Drainage Utility Plan Report. This plan outlines
the goals, philosophy and approach to establishing a storm water drainage
utility for the City.
There are facets of this report that will be of interest to various parties.
We are available to meet and discuss the details of this report at your
convenience.
Yours very truly,
BONESTR00, ROSENE, ANDERLIK & ASSOCIATES, INC.
Jerry A. Bourdon
JAB:li
Enc 1.
REPORT2B
2335 West Highway 36 0 St. Paul, Minnesota 55113 • 612-636-4600
S TY DF EdNAN
STORM VATER nRAINASE UTILITY PLO
This report discusses the purpose and needs for creating a Storm Water Drainage
Utility in Eagan. Included is a proposed budget and a fee schedule for revenue
collection.
The purpose of a Storm Water Drainage Utility is to provide dedicated funds
necessary to operate, maintain and manage a municipal storm water drainage
system. All Minnesota cities, under MSS 444.075, can establish Storm Water
Drainage Utilities in a manner similar to Water and Sanitary Sewer Utilities. A
Storm Water Drainage Utility allows cities to charge all properties an
established user fee for storm drainage expenditures. The system charges will
usually be billed in combination with other utility bills. Similar utilities
have recently been established in Apple Valley, Roseville, Richfield, Fridley,
Shakopee, St. Paul and other metropolitan communities.
Like a water or sanitary sewer utility, it is the system users that finance the
costs of the utility. For a storm water utility, a "user" is defined as any
developed, privately owned property that contributes storm water run off into
the drainage system. City owned property is not considered a private user and
along with undeveloped land would not participate in financing the system's
costs. This policy is appropriate even though undeveloped property contributes
runoff to the system because it is development which creates the necessity to
construct, operate and maintain a storm water drainage system.
Eagan's storm water drainage system consists of an extensive and complicated
system of sewers, ponding areas and other related facilities. It is estimated
that the system currently comprises approximately:
215+ miles of pipes,
3,000+ catch basins and drainage structures,
340+ ponds,
700+ pond inlet and outlet structures, and
20+ lift stations.
A system of this size and complexity requires continuous operation and main-
tenance programs to assure optimum system performance. Active system manage-
ment and the implementation of maintenance standards will protect the City's
substantial investment in the basic infrastructure through preventative
maintenance programs designed to prolong the life of the facilities. In
addition, established routine maintenance will ensure the most efficient
movement of surface water through the City in compliance with water quality
management goals while reducing the potential of detrimental flooding.
Traditionally storm water drainage systems have not been operated and financed
as user benefiting utilities such as a water or sanitary sewer utility. How-
ever, a storm water drainage system is similar to a water supply and distribu-
Page 1.
REPORT2B.PW DRAFT
<04/
tion system or a sanitary sewer collection and treatment system. It has similar
operation and maintenance needs and provides a specific service benefit to each
property owner.
The basic advantages to operating a storm drainage system as a utility are
better operation, maintenance and management of the system. These advantages
are derived from the enhanced mode of operation and dedicated funding that is
provided by the creation of a Storm Water Drainage Utility User Fee System.
Because of the competition for funding among the City's various needs, certain
beneficial storm water drainage system operation, maintenance and improvement
activities are unfunded or under funded. The purpose of creating and imple-
menting a storm water drainage utility in Eagan is to provide for an equitable
method of funding needed additional and/or improved storm water drainage ser-
vices. The proposed additional services will benefit the city by protecting its
lakes, ponds and wetlands from the adverse effects of urban storm water runoff
and by assuring better performance of the existing system.
STOR X&M DRATNACRNEEDS
Eagan's specific additional needs are:
A. WET LANDS PRESERVATION AND WATER QUALITY CONTROL,
B. EROSION AND SEDIMENTATION CONTROL, AND
C. STORM WATER CONVEYANCE.
A,, Wetlands preservation And water quality control: Eagan has in excess of 340
lakes, ponds and wetlands that are valuable natural resources and community
assets. Studies stiow that urban storm water runoff into wetlands and lakes can
have a detrimental effect upon the quality of these resources.
Eagan has recognized the need to address this problem and through the prepara-
tion of a Comprehensive Water Quality Management Plan, has established wetlands
preservation and storm water runoff quality control as a high priority. Studies
have been conducted by the Gun Club Lake Watershed Management Organization and
the City of Eagan to .inventory, classify, establish quality standards, set
priorities and identify remedies. These studies are in their final stages of
development. However, the specific initial needs have been identified and
should be implemented immediately. These needs are:
* implementation of the storm water drainage utility,
* implementation of a water quality sampling and monitoring program,
* implementation of a pond dredging and maintenance program,
* implementation of public education programs.
The specific needs and priorities of water quality improvements have also been
identified. They will include, in addition to the above, the construction or
implementation of drainage system modifications and improvements such as:
* the construction of sedimentation and nutrient basins,
om * installation of aeration systems,
om Page 2.
REPORT2B.PW DRAFT
MM ssolop
* system modifications to cause pond bypass of first flush runoff, and
* system modifications to increased detention time for nutrient removal
R, Erosion and sediment control: Although the prevention and control of erosion
is an integral part of the City's water quality efforts, it is separately
addressed in this report because it also causes other benefits and its
activities are unique from the water quality program's activities.
The primary activities of the prevention and control of erosion and sediment
are:
* Street sweeping,
* Storm sewer pipe and catch basin cleaning, and
* Inspections and enforcement of required mitigative measures.
C. Storm water conveyance: Storm water conveyance needs consist of the
essential activities necessary to properly operate and maintain a collection and
conveyance system. Routine and systematic operation and maintenance of the
system better assures optimum performance of flood protection and water quality
control. Some needed operation and maintenance activities are not currently
implemented or are only partially implemented due to funding constraints.
Specific unfunded or underfunded needs within this category include:
* Renewal and replacement: This need consists of repairs and replacement
of components of the existing system as they wear out or require
rehabilitation. (The electrical and mechanical components of the
system's lift stations are a primary example of this need.)
* System improvements: This need consists of the construction of
additional drainage facilities not previously anticipated with the
original trunk or lateral systems such as, increased discharge capacities
of piping systems due to higher density development or new design
criteria for storm drainage and water quality.
* Operation and maintenance: This need consists of a more systematic and
routine program of operation and maintenance activities to assure optimum
system performance and to protect the City's investment in the system by
performing cost effective preventative maintenance. Examples of this
need are: routine pipe televising, cleaning and pond inlet and outlet
structure maintenance.
Some of the activities of the storm water utility are currently financed through
the general fund. Although all of the activities of the Storm Water Utility
could be financed by the Utility's billings, the immediate concern is the
implementation of a storm water utility to finance the currently unfunded and
underfunded needs for wetlands preservation and water quality control and more
intensive operation and maintenance programs. Therefore the proposed initial
scope of funding is as shown an table 1 below.
Page 3.
REPORT2B.PW DRAFT
TABLE 1
Gun Club Watershed District Costs ------ $ 20,000
Water Quality Program Planning,
Administration and Implementation ------ 50,000
Sampling and Monitoring ----------------- 15,000
Pond Dredging --------------------------- 25,000
State Cleanwater Partnership Grants:
Matching City Funds 26.000
Subtotal $136,000
Street Sweeping ------------------------- $ 55,000
Pond Dredging and System Cleaning ------- 50,000
Subtotal $105,000
STORM WATER CONVEYANCE (391)
Renewal & Replacement -------------------- $104,000
System Improvements ---------------------- 50,000
Subtotal $154,000
TOTAL ----------- $3959000
The charges of the storm water drainage utility are based upon the user's
responsible share of the cost of the service. This is an equitable and
practical means of financing the services of the Utility. The basic equation
for setting the utility charges is:
Total annual revenues needed
---------------------------- = Annual Fee Unit Rate
Total runoff
To most equitably spread the Utility's costs among the users, the following
criteria was used as the basis for the hydrologic aspects of the fee structure
model.
* model storm - 5 yr. frequency, 24 hour event (3.5' rain as per soil
conservation service charts)
* hydrologic soil type - Type B
* Typical residential unit: 0.5 acres, 262 impermeable surface.
As a practical matter all low density residential properties (single family
units and duplexes) will be charged the same rate consistent with the amount of
runoff from a typical residential unit for the model criteria previously
presented. This runoff amount is defined as the 'Residential Equivalent Factor'
(REF) and is the basic unit of the fee structure.
Page 4.
REPORT2B.PW DRAFT
The rate charged to a medium density residential, high density residential and
non-residential property is based upon the number of Residential Equivalent
Factors of the property (how many times more run off is caused by the property
than is caused by standard low density residential property).
Medium density residential properties (quadriminiums to small condominium com-
plexes) will be charged 802 of the REF to accommodate the typical lower runoff
per customer in these types of residential properties.
Non residential properties are evaluated individually, based upon site topog-
raphy, to determine the number of residential equivalents of the property.
The following table summarizes the residential equivalent inventory of the city
as of April, 1989:
TABLE 2
RFSTDFNTI i EQUIVALENT ENT DETERNTNATTON
SUMARY
TOTAL
RESIDENTIAL
EQUIVALENTS
LAND USE
Residential property (low density)
9,151
Residential property (med. density)
1,602
Apartments/Condominiums
1,508
Schools
598
Commercial/Industrial
8,253
Churches
243
Golf courses/cemeteries
296
TOTAL
21,651
Adi stment Policy: A policy for addressing requests for adjustments to an REF
determination is recommended to include the following criteria:
* The basis shall be topological site conditions only. (No hydrological
arguments)
* The maximum adjustment credit shall be 50X.
* There shall be no adjustments to low and medium residential properties.
The following equation presents the results of the fee calculation for the
Residential Equivalent Factor:
Total Annual Utility Expenses
----------------------------- - Fee for Eagan REF
Total Number of Res. Units
9395,000
21,651 $ 18.23 < annual cost REF
- $ 4.56 < quarterly bill
Page 5.
REPORT2B.PW DRAFT
- Acr_lp
The following table presents a summary of the typical (average) annual rates
proposed to be charged for each category of land use.
LAND USE
M
Residential (low dens.)
1.00
Residential (med. dens.)
0.80
Apartments
3.64
Schools
2.14
Churches
2.44
Commercial/Industrial
4.79
Golf courses
1.14
TABLE 3
QUARTERLY RATE
$ 4.56 J residence
3.65 / residence
16.60 / acre
9.76 / acre
11.13 % acre
21.84 J acre
5.20 / acre
The creation of a storm water utility is an equitable and practical way to
finance the unfunded needs of wetlands protection and additional maintenance and
operation activities. The recommended actions necessary to proceed with
implementation of the Storm Water Drainage Utility are:
1. Set a date for a public meeting,
2. Authorize the preparation and mailing of a brochure on the utility, and
3. Set a Council meeting date to considering adoption of the Utility
ordinance.
The attached documents are included as appendices to this report.
1. A sample brochure to be distributed to the public.
2. A draft of the proposed ordinance.
Page 6.
REPORT2B.PW DRAFT
ST
ORDINANCE NO. 2ND SERIES
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY
CODE CHAPTER 3 ENTITLED "MUNICIPAL AND PUBLIC UTILITIES - RULES AND
REGULATIONS, RATES, CHARGES AND COLLECTION" BY h9044W, RESTATING AND
AMENDING SECTION 3.07 REGARDING ESTABLISHING A STORM WATER DRAINAGE
UTILITY AND -A- USER AND CONNECTION AND AVAILABILITY CHARGES FOR THE
STORM WATER DRAINAGE UTILITY; AND ADOPTING BY REFERENCE CHAPTER 1 AND
SECTION 3.99.
The City Council of the City of Eagan does hereby ordain:
Section 1. Eagan City Code Chapter 3 is hereby amended by adding
Section 3.07 to read as follows:
1. Storm Water Drainage Utility.
A storm water drainage utility for the City of Eagan is hereby
established. The municipal storm sewer system shall be operated
as a public utility pursuant to Minnesota Statutes 5444.075, from
which revenue will be derived subject to the provisions of this
Chapter and to Minnesota Statutes. The storm water drainage
utility will be a part of the City of Eagan Public Works
Department and under the administration of the Public Works
Director.
2. Purpose of Funds Derived and Allocation of Revenue.
The purpose of all funds derived is to pay for all or part of the
construction, reconstruction, repair, enlargement, improvement or
other obtainment and the maintenance, operation and use of the
storm sewer utility as established by the City of Eagan. All
revenues derived from the fee shall be credited to the
appropriate storm sewer fund.
3. Storm Sewer Utility Fee.
() A storm sewer utility fee for connection and availability of
the storm sewer facilities shall be determined by resolution
of the City Council and shall be just and equitable.A charge
for the connection and availability of storm sewer service
may be imposed for all premises abutting on streets or other
places where municipal storm sewers are located, whether or
not connected to them. A charge for the availability and
connection to the storm sewer service may, in the discretion
of the City Council, be fixed by reference to the portion of
the cost which has been paid by assessment of the premises.
W
A storm sewer utility fee for use of the storm sewer
facilities shall be determined by resolution of the City
i..lir.. Mvc-
consumed or bv reference to a reasonable classification of
the tvRes of premises to which the service is furnished, or
• •.
combination of those referred to Above.
4. Adjustments.
The Council may adopt, by resolution, policies and standards for
the adjustment of the fee for parcels. Such adjustments shall not
be made retroactively.
5. Exemptions.
ja Public rights-of-way are exempt from the fees established in
paragraphs 3 ( a) and 3(b).
ibi. Vacant unimproved land with ground cover and City of Eagan
owned land are exempt from the fees established in Raragraph
3(b).
6. Billings.
Bills for charges for the fee shall be made by the Finance
Department. All bills shall be payable at the office of the City
Finance Director.
7. Recalculation of Fees.
If a property owner or person responsible for paying the fee
questions the correctness of such charge, that person may have
the determination of the charge recomputed within six months of
mailing, by submitting to the Public Works Director a written
request for the recomputation.
S. Collections.
All fees are due on the due date specified by the City for the
respective account and shall be delinquent 15 days thereafter. It
is the duty of the City to endeavor to promptly collect
delinquent accounts, and in all cases where satisfactory
arrangements for payments have not been made, all such delinquent
accounts shall be certified to the city Clerk who shall prepare
an assessment of the delinquent accounts against the property
served or to be served. To each account, there shall be added a
certification charge (preparation for certification of taxes of
delinquent accounts) in the amount provided for by City Council
resolution. This assessment roll shall be delivered to the
Council for adoption on or before October 1 of each year. Such
action may be optional or subsequent to taking legal action to
collect delinquent accounts.
Section 2. Eagan City Code Chapter 1 entitled "General Provisions and
Definitions Applicable to the Entire City Code Including 'Penalty for
Violation", and Section 3.99, entitled "Violation a Misdemeanor" are
hereby adopted in their entirety by reference as though repeated
verbatim.
Section 3. Effective Date. This ordinance shall take effect upon its
adoption and publication according to law.
DATED:
ATTEST:
By: E. J. VanOverbeke
Its: City Clerk
Date Ordinance Adopted:
CITY OF EAGAN
By: THOMAS A. EGAN
Its: Mayor
1990.
Date Ordinance Published in the Legal Newspaper: , 1990.
MEMO TO: MAYOR AND CITY COUNCIL
FROM: TOM HEDGES, CITY ADMINISTRATOR
DATE: JANUARY 25, 1990
SUBJECT: CLEANWATER PARTNERSHIP GRANT - SCHWANZ LAKE
The purpose of this memorandum is to update the City Council on the status of the
Cleanwater Partnership Grant Application for Schwan Lake, and to request adoption of
a resolution authorizing execution of state/local grant agreements.
PROJECT UPDA'T'E
In August 1989, the City Council authorized staff to proceed with an application to the
Minnesota Pollution Control Agency (MnPCA) for participation in the Cleanwater
Partnership Grants Program. This application pertained to conducting a
diagnostic/feasibilty study of Schwanz Lake. The primary intent of the application was to
study the factors contributing to the degradation of Schwanz Lake, including non -point
sources of pollution, and to seek alternative solutions for improving water quality consistent
with the Water Quality Management Plan. The Grant Application identified a total
budget of $52,807 and requested 50% matching funds from the MnPCA - the maximum
allowable under program guidelines. At the time of grant submission, the Council adopted
a formal resolution supporting the intent of the application. A copy of the resolution is
attached to this memorandum, for reference.
In December, the City was informed that its application had been programmed to receive
funding under the Cleanwater Partnership Program. Of the 28 applications received
statewide, Eagan's ranked fifth overall and first in the metropolitan area. In accordance
with program guidelines, the MnPCA has obligated $26,403 towards the overall project
cost, representing a 50% match. Further, the state has established a contingency fund to
deal with any unanticipated project costs and will fund, to the extent possible, any
additional commitments at a 50% match.
PROJECT COST
City staff have worked closely with the Soil and Water Conservation District and MnPCA
in establishing the work plan and a sound budget for the grant. As indicated earlier, the
total estimated cost for conducting this study is approximately $52,000. This amount will
be divided into three primary study areas under the grant:
1
63
1. a diagnostic study,
2. data analysis and assessment, and
3. development of an implementation plan.
A copy of the project work plan and budget is attached to this memorandum for further
reference. As the Council will note, $10,000 of the project budget will be for the purchase
of water sampling and analysis equipment, at a cost of approximately $10,000. This will
become a permanent capital asset for the City and will be utilized in future years as water
quality monitoring and model calibration continues. Remaining costs are largely assessed
to laboratory analysis, contractual services, and personnel. Most personnel costs will be
available through "soft match" utilizing existing force account labor.
Of the City's matching share, up to 25% (or $6,500) can be funded through soft match.
Since City forces may be doing much of the sample collection and analysis, the actual cash
outlay of the City will likely be closer to $19.500, that is, $26,000 - $6,500 soft match.
The remaining costs can also be spread out over a two year period (length of the study)
resulting in an annual appropriation of less than $10,000. Further, the Public Works
Director is recommending that the cash portion of the City's matching funds could be
derived from the proposed Stormwater Utility Program. Thus, there would be no further
impact to the City's General Fund, or to individual operating budgets.
TIMELINE
In order to meet the program's timeline and to initiate sampling this summer, it will be
necessary for the Council to act on the Grant Agreements and Resolution by early
February. This is necessary in order to allow adequate time for:
1) the full execution of the grant agreements by the State,
2) City submission of a detailed monitoring plan and project work plan for agency
approval,
3) staff attendance at agency training workshops, and
4) preparation/coordination of water sampling equipment, lab selection, and startup.
Staff estimates that the diagnostic study will be completed by June, 1991. This will be
followed by data analysis and assessment, and the development of an implementation plan
for submission to the Council and MnPCA by January, 1992.
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Once completed, the City will become eligible to apply for a Phase II Grant, involving the
implementation of "best management practices". If selected, the City could expect to
receive a 50% matching grant to complete identified improvements within the Schwan
Lake watershed. These could include: creation of upstream nutrient ponds, modifications
to the stormsewer system, in -basin treatments, as well as public education programs and
public incentives. Ultimately, this funding source could generate a significant amount of
additional revenues for the City.
ADDITIONAL INFORMATION
Attached to this memorandum is an information sheet which provides additional details
on the grant. Much of this information is excerpted from the original memo to the
Council on August 4, 1989. It includes a grants overview, project recommendation, a list
of public benefits, and inter -agency project support. It is suggested that Council members
review this information sheet to refamiliarize themselves with the grant program and its
objectives.
FOR COUNCIL .ACTION
Request is hereby made for Council authorization to approve the adoption of a formal
resolution supporting the execution of state and local grant agreements, to conduct a
diagnostic/feasibility study of Schwanz Lake. Further, staff recommends that the City's
matching funds be derived from proceeds generated through the Stormwater Drainage
Utility Fund.
Tom Hedges
City Administrator
0 TH/JKV/cm
3
0
RESOLUTION
CLEANWATER PARTNERSHIP GRANT APPLICATION
SCHWAN2 LAKE
BE IT RESOLVED by the
designates John VonDeLinde Cit
y of Eagan, that it
Representative . Parks Superintendent hereby
Rerresent for the proposed '1=chwanz as the Project
p Phase I - Project DuvelopInent Crantake, Clean v:ater
The Project Representative shall have the authority
represent the City of Eagan in all matters that do not s
require action b to
Control Y the Eagan City Council, specifically
Agency (MPGA) shall direct The Minnesota Pollution
APplici►tion correspondence Clean water part nc.r,II p
correspondence to and Clean Water Partners ,
correspondence the Project ReProsent;ttive Partnership Project
Pondence from and and hall eonsic�er
Representative as representations and action-- p`Irt of
Lagan. the cicy of
ons to}:en by the City or
BE IT FURTHER RESOLVED by the Eagan Cit
the Project Representative cies
to submit to ttie ignited above is �Y Council, that
Development GrantMACA a Clean Water Partnership Pjl``�cYI`�- proj.zLU
Application for Schw;inz Lake. P'rOjuct
hereby authorizes NOW, THEREFORE BE IT RESOLVED that
to implementthethe execution of such agreements he City Council
f Pas roject on behalf of the City of f agan. necessary
CITY OF EAGAtj
CITY COV14CIL
By
ItsY,or
1
Attest; -5
to Clerk
Motion Made By; Egan
Seconded 13y: Gustafson
Those in Tavor; All
"'hose OPP°sed: None
CERTIFICATION
I, E.J. VanOverbeke, Clerk of the City of T'agan, Dakota
County, Minnesota
was du, r� , do hereby certify that the foregoing resolution
L'a an y passed and adopted by the Cit
9 Dakota County, Minnesota, Y Council of the City of
ascembed this IS th day of August, in a regular meetin
g 1�a9. g thereof.'
E -J. VanOverbeke, City Clerk
City 01' Ragan
(4
V O/K
"t� ks.-
Nl;6
0 -
PART V- PROJECT'WORK PLAWAND BUDGET
B. Project Work Plan Budget:
Using the budget categories provided, please itemize estimated project costs
for each of the major work pian components Indicated below.
1. Diagnostic Study
Personnel.....................................................................$
1.
Personnel
A, 1 n �- 4 n
7 :1 . h U
.....................................................................5
Travel .................... ......................... ...............................
2.
Fringe Benefits.............................................................$
2 7?_ n n
3.
Travel
04
8. Indirect
........................................................................
$1, -110-HR
a.
Equipment...................................................................$
1 (l li o 0 U
5.
Supplies........................................................ ................ y 1-)00.00
G.
Lab Analysis.................................................................1,
S, 000 00
7.
Contractual...................................................................1'
a -
8.
Indirect...........................................................................
-
9.
Other ..................................
„y;_2 0 0 . E
0
3.
SUBTOTAL .................................$? R 9 ti 4 , 613
Data Analysis and Assessment
1.
Personnel.....................................................................$
1 ,fan 7 _ ? n
2.
Fringe Benefits.............................................................h7
7 :1 . h U
3.
Travel .................... ......................... ...............................
Y l (I ; . 0 0
a.
Equipment...................................................................
_ -
5.
Supplies.......................................................................
8. Indirect
G.
Lab Analysis................................................................._
7.
Contractual- ................................................................
_
11 G, 000 • -
8.
Indirect ......................
-
0.
Other............................................................................
200.00
SUBTOTAL .................................$ 2 s 9 j. 0 0
Development of Implementation Pian
1. Personnel.. ..................................................................
4 6 6 6 SO
2. Fringe Benefits............................................................ $1..
4 5 1 1; U
3. Travel...........................................................................$
110.00
a. Equipment....................................................................y:
--
5. Supplies....................................................................1 C
...
-
6. Lab Analysis .................. ......:........................................
I-
7. Contractual ...................................................................T���_0.0
0 0
8. Indirect
-
.........................................................................
G. Omer.............................................................................$ I. Q 1 fl 0 0
SUBTOTAL .................................$ LIO, 928.00
TOTAL ................... $>? 8 0 7.6 8
6'7
INFORMATION ADDENDUM
CLEANWATER PARTNERSHIP GRANTS
SCHWANZ LAKE
GRANTS OVERVIEW
In 1988 the Minnesota Pollution Control Agency (PCA) introduced the Clean Water
Partnership Grants Program. The primary goal of the program is to identify, research, and
determine methods by which non -point sources of pollution can be addressed in the
interest of improving water quality in Minnesota. Only local units of government are
eligible applicants, and grants are made on a 50/50 matching basis. The PCA also offers
technical assistance to grantees to aide with research, monitoring and capital improvment
programs.
The program is intended to deal with three broad categories of water quality:
groundwater, streams, and lakes. With regard to lakes, grant applications can focus on
a single waterbody, a series of lakes, or an entire watershed.
The Clean Water Partnership Program entails two distinct grant phases. Phase I (or initial
application) always involves a diagnostic study. The purpose of this study is to collect
information about land uses, soils, geology, hydrologic and human activities influencing
water quality in the subject lake(s). Normally, water quality sampling is done over a two-
year period concurrent with the study. Once the origins of non -point source pollution
within the lake district have been identified, goal setting and the formulation of a long-
range plan is completed. The applicant is then eligible to receive it's matching funds and
to begin work on a Phase II application.
Phase II is entitled "The Implementation Program." Simply stated, this phase involves the
carrying out of goals and objectives developed in the diagnostic study. Implementation
strategies can include education, public incentives, regulation, structural improvements, and
in -basin treatments. Once implementation is underway, steps are taken to monitor the
effects on water quality and to document progress relative to goals and objectives.
Desired capital improvements are normally carried out within two or three years.
However, long range programs such as education, public incentives, and policies can be
carried out indefinitely.
1
1990 GRANTS SUMMARY
The fiscal year 1990 Cleanwater Partnership Program allocated $1.43 million for diagnostic
and implementation grants, statewide. Costs for diagnostic studies ranged from $44,000
for Clear Lake, Minnesota, to $342,780 for study of the Minneapolis Chain of Lakes. The
average estimated project costs for diagnostic studies was $98,618. Therefore, Eagan's
project for Schwan Lake was, by comparison, on the lower end of those funded in 1990.
With regard to implementation projects, the City of Waseca was the only local unit of
goverment to submit a Phase II application in 1990. They have since been programmed
to receive a Cleanwater Grant of $396,363, facilitating the restoration of Loon Lake.
2
SCHWANZ LAKE DIAGNOSTIC/FEASIBILITY STUDY
PROJECT RECOMMENDATION
As the Council is aware, the Eagan Water Quality Task Force has completed the
preliminary draft of the Comprehensive Water Quality Management Plan. In addition, the
City's Stormwater Drainage Plan is under review and is expected to be fully revised and
sent to the Council for readoption in the near future. The Council has also previously
reviewed a proposal for a Stormwater Utility which is being suggested as a means for
generating a permanent ongoing revenue source for: erosion/sediment control, stormwater
conveyance, and wetlands preservation/quality control.
In light of these related activities, staff has recommended, and the Council has previously
approved, the submission of an application to the Minnesota Pollution Control Agency for
participation in the Cleanwater Partnership Program. This is considered to be a vital and
important leading step towards implementation of the Water Quality Management Plan.
and furtherance of the goals for improved water quality and lakes preservation.
In accordance with these goals, Schwanz Lake was selected for the performance of a
diagnostic/feasibility study under the fiscal year 1990 program. This selection was based
on the following considerations:
1) The Water Quality Management Plan has classified Schwanz Lake as a "direct
contact" lake. This is the highest classification level given to a waterbody.
Essentially it means that the water should be clean enough to permit direct contact
uses such as swimming or wading. At the present time, the lake has a transparency
reading of only 2.25 feet, far below the recommended quality standards.
2) Schwanz Lake has been identified as the #4 priority for action in the draft Water
Quality Management Plan. Thus, it ranks among the top 1% of all city waterbodies
for proposed improvements.
3) Of the four highest priorities, Schwanz Lake is the most developed in terms of
public recreation uses. Trapp Farm Park presently offers a fishing dock, volleyball
beach, and canoe launch. Future developments could conceivably include a wading
area for children or full-scale swimming facility.
4)
The Schwanz Lake watershed is of a small enough scale to be effectively managed
under the Clean Water Partnership Program. Other lakes such as Blackhawk and
Thomas Lake involve much larger watersheds and are, frankly, "out of scale" wi
the parameters of the grant program.
3
?40
5) The Water Quality Plan and Stormwater Drainage Plan have tentatively identified
several stormwater modifications and ponding alternatives for the Schwanz Lake
Watershed. The study of runoff characteristics and non -point origins of pollution
within the watershed will further assist the City in refining its management
objectives to achieve the most cost efficient alternatives.
PUBLIC BENEFITS
Development and implementation of a Clean Water Partnership Grant on Schwanz Lake
would offer many potential benefits to the residents of Eagan. Among these are:
1) The grant would set in motion a process for cleaning up one of Eagan's most
visible and potentially useful lakes.
2) Completion of a diagnostic study would make the city eligible for a Phase II grant
involving capital improvement programs within the watershed. Therefore, the city
could conceivably gain 5t»50 matching funds for future storm sewer improvements
in the watershed, consistent with the Storm Sewer Water Plan recommendations.
This funding source could generate a significant amount of additional revenues for
the City.
3) The study would offer detailed information about the influence of land uses on
water quality that are germane only to the physical characteristics of Eagan. This
information would be used to further refine and support the water quality model.
This is an important factor since the models will determine the extent to which
developers must dedicate and construct nutrient treatment basins within their
subdivisions.
4) The activities surrounding the sampling and assessment of water quality in Schwanz
Lake, will offer a unique opportunity to inform and educate the residents of Eagan
on the importance of community -wide "involvement" in the preservation of water
quality. These methods could include newspaper articles, press releases, cable TV
programs, neighborhood meetings concerning the Schwanz Lake watershed,
education programming in Trapp Farm Park, and so on.
5) The submission of a Clean Water Partnership Grant demonstrates that the city is
proactive on the issue of water quality and that it intends to initiate action once the
management plan is adopted. The grant also demonstrates fiscal responsibility by
reducing the burden to local taxpayers for future improvements.
4
rl /
PROJECT SUPPORT
During the preparation of the grant proposal, efforts were made to closely involve other
agencies and organizations having a direct interest in the performance of a diagnostic study
on Schwanz Lake. The proposal is supported by:
Eagan Citizens Water Quality Task Force
Eagan Advisory Park and Recreation Commission
Dakota County Soil and Water Conservation District
City Engineering Department
19wp:cleanwtr.add
k,
70Z
MEMO TO: TOM HEDGES, CITY ADMINISTRATOR
FROM: DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR
DATE: JANUARY 25, 1990
RE: UPDATE - LANDSCAPE ORDINANCE
A meeting between the Planning and Parks Departments was held or.
January 25 to review the proposed Landscape Ordinance provisions.
There appears to be three areas where landscape provisions will
apply. These three areas are: 1) A Zoning Ordinance which will
require landscaping on private property. 2) The Subdivision
Ordinance which is proposed to be "beefed up" and will require the
preservation of existing massings of trees; trees of 8" or more in
diameter will be required on Preliminary Grading Plans and proposed
to be saved, as well as referencing the Parks Landscape Ordinance
regarding the plantings for public right-of-ways and boulevard
areas. 3) The Parks Landscape Ordinance will then define the
specifics of the types of trees, caliper and design, which will be
required by the City in new subdivisions, as well as applying to
existing subdivisions if someone wants to plant trees in boulevard
areas or reconstruction of City streets.
The correlation of these three areas requiring landscaping is a
coordination of efforts between Parks, Planning and Public Works
so as not to duplicate requirements, but to specify areas of
responsibility. The Public Works Department was not in attendance
at this meeting; however discussion by the Parks and Planning
Departments indicated the three areas of the Ordinance will meet
the intent of the City Council.
Please find enclosed a copy of the zoning portion for performance
standards requiring landscaping in private property or individual
site design cases.
If you have any questions or would like additional information, Ken
and I will attend the workshop to discuss any issues with the CIty
Council.
ommunity Development Director
DCR/j s
Encl.
r ?3
Revised: 01-11-1990
Subd. 16. Shade Trees and Landscaping
A. Purpose. The City Council finds that:
1) Trees are proven producer-, of oxygen, a necessary element
for human survival;
2) Trees appreciably reduce the ever increasing environmentally
dangerous carbon dioxide content of the air and play a vital
role in purifying the air we breathe;
3) Trees transpire considerable amounts of water each day and
thereby purify the air much like the air -warner devices used
on commercial air conditioning systems;
4) Trees have an important role in neutralizing waste water
passing through the ground from the surface to ground water
tables and lower aquifers;
S) Trees, through their root systems, stabilize the ground water
tables and play an important and effective part in soil
conservation, eroision control, and flood control;
f) Trees are an invaluable physical, aesthetic, and psychological
counterpoint to the urban setting, making urban life more
com{ortable by providing shade and cooling the air and land,
reducing noise levels and glare, and breaking the monotony of
human developments on the land, particularly parking areas;
aha
7) Trees nave an important impact on the desirability of land and
therefore on property values.
B. Based upon these findings, the Council declares that it is
desiraole and essential to the health, safety, and welfare of the
C,tv to protect certain existing trees and plant materials, to
require new and additional plant materials and trees, to prohibit
the planting of certain species and to require the maintenance of
plant materials and trees as set forth in this Section.
C. Tne provisions of these subdivisions 16 through 21 shall pertain
only to private property. Tne planting & maintenance of trees
located upon public property, including street trees, is otherwise
regulated by Chapter 6.43 Subdivision 7.08, Section 10.20, 10.21 &
10.22 of the City Code.
Subd. 17. Landscape Plan Required
A. When Required. A detailed landscape plan shall be approved by the
City Planning Director before a building permit is issued for
any new development in any Commercial, Multiple Residential,
(R-2, R-3, & R-4) Industrial and Institutional Zoning District and
for all new developments, except single-family dwellings, in
Planned Development Districts or as otherwise provided by specific
planned development agreements.
A detailed Landscape Plan shall also be required, as stated above,
before a building permit is issued which would result in a ten
(100) percent or greater expansion of an existing building wnere
an approved landscape plan is not on file with the City.
7�
Page 1
Ok
A detailed Landscape Plan shall be provided with each preliminary
plat showing existing and proposed landscape materials for the
boulevard areas and such additional detail as may otherwise be
required by the City Subdivision Regulations Ordinance and Tree
Maintenance Ordinance.
B. In every case where landscaping is required by provision of the
City Code or by an approval granted by the City, for a building or
structure to be constructed on any property, the applicant shall
submit a landscape plan prepared in accordance with the provisions
of this Section. The Landscape Plan shall include the detailed
information set forth upon the application form provided by the
City. The City Planning Director may waiver or modify Landscape
Plan requirements where the intent and purpose of this ordinance
is otherwise met.
C. Performance Guarantee.
1) A Performance Guarantee shall be required to insure completion
and maintenance of all landscape pians required by the City
for preliminary plats and building permits.
2) The Performance Guarantee shall be approved in form as to
security by the City.
3) The Performance Guarantee shall be in an amount to be
determined by the City and shall be for no less than one and
one-half (1 1/2) times the dollar amount estimated by the City
as the cost of completing the landscaping and screening as
shown on the approved landscape plan.
4) The Performance Guarantee shall cover one full calendar year
subsequent to the completion and satisfactoy acceptance by the
City of implementation of the approved landscape plan.
5) Tne Performance Guarantee shall only be released upon
inspection and written acceptance by the City.
6) For any landscaping or screening that is unacceptable, the
applicant shall replace the material to the satisfaction of
the City before the Bond is released. Where this is not done,
the City, in it's sole discretion, may use the proceeds of the
Performance Guarantee to accomplish performance.
D. All landscaping shall be implemented in accordance with the
following:
1) Minimum size at time of planting:
(a) Deciduous overstory plantings shall be a minimum of
two and one-half (2 1/2) caliper inches.
(b) Deciduous understory trees shall be a minimum of one
and one-half (1 1/2) caliper nches.
(c) Coniferous trees shall be a minimum of six (6) feet
in height.
(d) Hedge materials shall be minimum of three (3) feet
in height.
2) For purposes of definition and standard, the following
shall be used:
(a) Caliper: The length of a straight line measured
through the trunk of a tree six (6) inches above the
Page 2
ground level.
(b) Coniferous/Evergreen Trees: A woody plant which, at
maturity, is at least thirty (30) feet or more in height,
with a single trunk, fully branched to the ground, having
foliage on the outermost portion of the branches year-
round.
ear-
round.
(c) Deciduous Overstory Shade Tree: a woody plant which, at
maturity, is thirty (30) feet or more in height, with a
single trunk, unbranched for several feet above the
ground, having a defined crown, and which loses leaves
annually.
(d) Deciduous Understory Ornamental Tree: A woody plant
which, at maturity, is less than thirty (30) feet in
height, with a single trunk, unbranched for several feet
above the ground, having a defined crown which loses
leaves annually.
(e) Plant material Average Size (Coniferous): The total
height of all coniferous trees six (6) feet or over,
divided by the total number of such trees.
(f) Plant Materials Average Size (Shade or Ornamental): The
total diameter of all deciduous overstory trees two and
one-half (2 1/2) inches more in diameter, divided by the
total number of trees.
(g) Minimum Required Plant Material: In order to achieve
landscaping which is appropriate in scale with the size of
a building and site, the City may require plant material
equal to two and one-half (2 1/2 %) percent of the cost or
value of a building, excluding land cost or site
improvements. Credit shall be given for existing plant
materials which will be preserved, however, in no instance
shall plant material of a value less than fifteen thousand
($15,000) dollars be permitted unless otherwise approved
by the City Planning Director where the intent and purpose
of this ordinance is met.
(h) Planting Islands: Planting islands shall be required
where necessary to visually break up expanses of hard
surface parking areas, for safe and efficient traffic
movement, and to define rows of parking. Planting
islands shall occupy at least five (5%) percent of the
parking area.
(1) Method of Installation: All deciduous and coniferous
trees Shall be balled and burlapped, staked, guyed and
planted in accordance with National Nurseryman's
standards.
(,7) Sodding and Ground Cover: All open areas of a site not
occupied by building, parking or storage shall be sodded.
Exceptions to this are seeding of future expansion areas
as shown on approved plans and undisturbed areas
containing existing natural vegetation which can be
maintained free of foreign and noxious materials.
(k) Slopes and Berms: Final slopes greater than the ratio of
3/1 shall not be permitted without approval of special
treatment, such as special seed mixtures or reforestation,
terracing, or retaining walls. Berming used to provide
required screening of parking lots and other open areas
shall not have slopes in excess of 3/1.
(1) Maintenance: The property owner shall be responsible for
perpetual maintenance and for removal and replacement of
Page 3
any overgrown, diseased or dead trees, shrubs, ground
covers or sod. Such replacement shall be in accordance
with a landscape plan as approved by the City Planning
Director.
(m) Erosion Control: All areas of any site shall be
maintained in accordance with provisions of the Eagan
Erosion Central Manual.
(n) Preservation of Woodland Areas: It is the policy of the
City to preserve the natural woodland areas and clusters
of trees throughout the City and to retain as far as
practical, substantial tree stands which can be
incorporated into the Landscape Plan. No clear cutting of
woodland areas shall be permitted. Shade trees of eight
(8) inches or more caliper shall be saved unless it can be
demonstrated that there is no other feasible way to
develop the site. The City ma require replacement of any
removed trees on a caliper inch for caliper inch basis.
R(o) Placement of Plant Materials: No plant materials shall be
permitted within any utility easement, road right-of-way,
or immediately adjacent to any driveway or road inter-
section when it would interfere with motorists' views of
the street or roadway unless specifically approved by the
City (see Chapter 6.43 Subdivision 7.08).
(p) General Landscape Requirement: In all districts for all
developments, including single-family dwellings, all
exposed ground area, surrounding the principle building
and accessory buildings, which are not devoted to
driveways, sidewalks, or patios, shall be landscaped with
grass, shrubs, trees, or other landscape material.
(q) Replacement of Poor Soil: Where soil is found to be too
poor to insure growth of required plant material, the poor
soil shall be removed and replaced with suitable loam.
For trees, an area of a minimum of twenty-seven cubic feet
(3" x 3' x 3'), shall be established with suitable soil.
Irrigation System
All "Landscape Plans", as required by Section 11.30 Subdivision
17, snail include an underground irrigation system except where
the open space is very large or reserved for future expansion as
determined by the City Planning Director.
The irrigation system shall be a fully automatic, on timer,
offering system with fourteen (14) day alternate date watering.
The system shall provide head to head coverage with a matched
precipitation rate. The system shall meet Minnesota Department of
Health standards and shall provide backflow preventors.
Underground irrigation systems that extend beyond private property
onto public right-of-way (boulevard areas) shall be subject to
approval by the City as provided in Chapter 6.43 Section 7.08.
Subd. 19. General Screening and Buffers
A. Description. All parking, loading, service, utiltity, and outdoor
storage areas shall be screened from all public streets and
adjacent differing land use. Screening shall consist of any
combination of the following: earth mounds, walls, fences,
Page 4
f717
shrubs, compact evergreen trees, or dense deciduous hedge as
further described 1n Section 11.30 Subd. 20F. The height and
depth of the screening shall be consistent with the height and
size of the area for which screening is required. When natural
materials, such as trees or hedges, are used to meet the screening
requirements of this subsection, density and species of planting
shall be such to achieve seventy-five (75%) capacity year-round.
Subd. 20. Buffers
A. Purpose: The buffer is a designated unit of yard or open area
where distance, planting, berming and fencing are required to
minimize adverse impacts of nuisances such as noise, glare,
activitiy, dust, unsightly parking, storage or signs.
B. Location of Buffers:
1) Buffer yards shall generally be located along lot boundary
lines and shall not extend into or be located within any
portion of a street right-of-way. Where a required drainage,
utility or other easement is partially or wholly within a
required buffer as permitted by the City, the developer shall
design the buffer to eliminate or minimize plantings within
the required easement. Such design may necessitate choosing a
buffer with more land area and fewer required plantings.`
C. Use of Buffers: A buffer may be used for some forms of passive
recreation; it may contain pedestrian, bike or equestrian trails,
provided that:
1) No plant material is eliminated.
2) The total width of the buffer is maintained.
3) All other regulations of the code are met.
4) In no event shall the following uses be allowed in buffers;
playfields, stables, swimming pools, tennis courts, or
similar active recreation uses.
5) A requirea buffer may include a stormwater retention area
when approved by the City.
D. Maintenance of Buffers: The responsibility for maintenance of a
required buffer shall remain with the owner of the property. The
owner shall be responsible for installing live and healthy
replacement plants for any plants that die or are removed due to
disease. Maintenance shall consist of mowing, removal of litter
and dead plant materials, and necessary pruning. Natural water
courses within a buffer shall be maintained as free flowing a-nd
free of debris.
E. Table of Buffer Requirements. The buffer requirement is found by
locating the proposed use (district) in the left column. Each
adjacent land use (district) is identified across the top. Where
the row for the proposed use intersects the column for an adjacent
use, the letter identifying the required buffer.is given.
For Agricultural uses (district), the Comprehensive Plan
designation for future uses shall be used in determining the
appropriate buffer.
Page 5
1717
I
A D J AC ENT USE
._._..
LAND USE (DISTRICT) d
; R-2
;
.
; OTHER
; I-1 ;
A
.._.__L a __.y.__B U S
I
1
I
I
I
I
1
I 1
1 1
t 1
5
1
R -2/R-3 ; A
; A
; B
; B ; C
; D ; A
;
A
I
I
1
I 1
1 1
1
I
R-4 ; D
; B
1
; A
1 1
B C
I 1
; C ; B
r
B
I
I
I
Y
I
I
I 1
I I
I 1
! 1
1
LB D
; B
B
A B
; C B
;
B
!
F
1
1
I
1
I 1
1 1
1 !
I i
I
1
OTHER BUSINESS ; D;
C
; C
B; A
; B; B;
I 1
0
C
I
1
1-1./1-2 D
r
I
; D
I
I
C
I I
1 1
; C B
I 1
; - ; C
I
C
1
1
I
1 I
I 1
1
RD ; D
D
; C
; B ; B
; C ; A
;
A
I
1
1
1
1
I
1 1
1 I
1 1
I I
1
1
P (INSTITUTIONAL) ; A;
A
B;
B; C
; C; A;-
LETTERS A THROUGH D
ARE DESCRIBED
IN SECTION 11.30 SUBDIVISION 20F
F. Description of
Buffer
Types_
Buffer yards,
through the use
of
trees, shrubs,
hedges,
earth
mounds, walls,
fences or natural
barriers shall
provide
screening
in the percentages
stated
below
for the length
of the
common
yard and for a
minimum height
from
ground level to six (6)
feet,
Requirement "A" is minimum 20% screen.
Requirement "B" is minimum 40% screen.
Requirement "C" is minimum 60% screen.
Requirement "D" is minimum BO% screen.
G. Plast Materials. All plant materials required within a specified
buffer yard shall be planted to completion within six months from
date of approval of the site plan and thereafter shall be
properly maintained.
H. Minimum Size of Plant Materials. Plant materials shall be at a
size as required in subdivision 17D.
I. Prohibited Species. Prohibited species shall be the same as those
defined in subdivision 24,
J. Waiver of Buffer Requirements. Buffer requirements may be waived
or modified by the City Planning Director where the intent is
otherwise satisfied by severe change in elevation, an existing
screen, extreme distance or similar circumstance.
21. Unlawful Cutting of Trees or Shrubs
A. No person shall for the purpose of increasing .or enhancing the
visibility of any building or sign, damage, trim, destroy, or
remove any trees, shrubs, or other vegetation unless the work is
done pursuant to the express written authorization of the City.
Page 6
Q
S. No person shall deface, destroy, remove, or inure any trees
located upon public property, including trees located within
public street right-of-way unless such removal is authorized by
the City.
Subd. 22. Protection of Large Trees
A. All existing trees, eight inches (8") in diameter or more (as
measured six (6") inches above grade), located upon private
property, shall not be removed except as follows:
1) The retention of such tree(s) would unreasonably burden the
development as determined by the City.
2) The tree(s) is diseased and needs to be removed.
B. No excavation or other subsurface disturbance shall be undertaken
within the drip line of any tree eight (8") inches in diameter or
more, and no impervious surface (including, but not limited to,
paving or buildings) may be located within 10 feet (measured from
the center of the trunk) of any tree eight (8") inches in diameter
or more unless compliance would unreasonably burden the
development. For purposes of this subsection, a drip line is
defined as a perimeter formed by the points farthest away from the
trunk of a tree where precipitation falling from the branches of
that tree lands on the ground.
Subd. 23. Street Trees
Trees located within the public rignt-of-way (boulevard area)
shall be planted and maintained in accordance with the provision
of Chapter 6.43 Section 7.08 of the City Code.
Subd. 24 Prohibited Tree Species
It shall be unlawful to introduce prohibited species to any lot or
land parcel where such trees are not naturally occurring or to
plant upon public land or right-of-way. Prohibited species are
defined as the following trees:
Gingko (female only)
Box elder
Non disease resistant elm species
Non hybrid cottonwood species.
Subd. 25 Prohibited Use of Trees
No tree shall be used for signs, permanent lighting, antennas or
similar use.
Page 7
qM
f�i1 91
TO: Tom Hedges, City Administrator
FROM: Dale Runkle, Community Development Director
DATE: January 26, 1990
SUBJECT: Building Material Requirements for Commercial Property
Recently, the City has been evaluating zoning ordinance
requirements for exterior building material in commercial property.
Attached you will find a brief synopsis of these requirements, or
lack of them, for several other metro area cities.
Because we feel that none of the other cities specifically
exemplify what we would like to see in Eagan, also outlined under
the heading of "General Design Criteria" are some recommendations
and suggestions that we feel would be beneficial to the City's
zoning code.
Respectfully submitted,
Community D .elopment Director
CITY OF PLYMOUTH
"Use of appropriate materials (to include external lighting),
textures, colors, and construction detail so to express effectively
a design concept of the project that is compatible with adjacent
and neighboring structures and functions."
CITY OF BLOOMINGTON
Limited Face brick, stone, architectural concrete,
Business cast -in-place or pre -cast concrete panel,
or an equivalent or better. Up to 15 % of wall
surface may be wood or metal used as
architectural trim, as approved.
Retail Same standards as LB.
Business
Regional Face brick, glass, stone, architectural
Commercial concrete or pre -cast concrete, or equivalent
or better. 15% of wall surface may be wood or
metal used as architectural trim.
General Same standards as LB and RB.
Business
CITY OF BROOKLYN PARK
The City is currently updating their performance standards
regarding exterior building material requirements.
CITY OF MINNETONKA
There is nothing in the City Code or Ordinances referring to
exterior building material requirements. Decisions pertaining to
such requirements are made at the discretion of the City of
Minnetonka Planning Commission.
CITY OF MAPLE GROVE
"The architectural appearance and functional plan of the building
and site shall not be so dissimilar to the existing building or
area so as to cause impairment in property values or constitute a
blighting influence within a reasonable distance of the lot."
CITY OF BURNSVILLE
Exterior surfaces on all walls must be face brick or stone. Glass,
stucco, architecturally treated concrete, cast in place or precast
panels or decorative block are acceptable as the major exterior
wall surface when they are incorporated into all overall design
which is compatible with the standards for the district in which
it is located. Wood and metal may be used for accent materials,
provided that they are appropriately integrated into the overall
building design and not situated in areas which will be subject to
damages associated with heavy use.
CITY OF EDINA
The Edina City Code contains no specific requirements for exterior
building material in commercial areas.
CITY OF WAYZATA
The City of Wayzata utilizes a Design Review Board made up of
concerned citizens and city officials to examine architectural and
design specifics in new and renovated development. Their City Code
includes no requirements for exterior building materials.
VI. GENERAL DESIGN CRITERIA
A. Concept
The design of all uses and improvements shall reflect the
natural capabilites and limitations of the O'Neil area as
well as the characteristics and limitations of adjacent
property. The various structures, use areas, functions and
elements of the site design shall be integrated by design
into a unified whole except where separation is appropriate.
The development shall be visually harmonious as perceived
from both within and without wherein the O'Neil Planned
Development shall become an integral part of the planning
and function of "downtown" Eagan.
B. Site Design
Site design shall provide for the design of a minimum five
(5) acre area which is coordinated with the design and
development of the overall O'Neil Planned Development area.
Individual, site specific detail, for lots or developments
of less than five (5) acres, may follow provided the frame-
work for landscaping, lighting, driveways, open space,
signage, parking and similar detail are consistent.
Site design shall provide all of detail and reviews required
by City Ordinance in effect at the time a development is
approved and as required herein.
C. Architecture and Building Materials
The design of individual structures shall be sensitive to
the general and immediate environment of the site relative
to architectural design, scale, bulk, color, height, and
orientation. The visual integrity of the area shall not be
adversely affected.
All buildings shall be designed to accomplish the goals and
objectives of the Comprehensive Plan and the O'Neil Planned
Development. Building materials which are selected shall
be attractive in appearance, durable with a permanent finish
and of a quality which is both compatible with adjacent
structures and consistent with the City's standards.
Major exterior surfaces on all walls .shall be face brick or
stone. Glass, stucco, architecturally treated concrete,
cast in place or precast panels or decorative block will be
acceptable as the major exterior wall surface when they are
incorporated into all overall design which is compatible
with the standards for the district in which it is located.
Wood and metal may be used as accent materials, provided
that they are appropriately integrated into the overall
building design .and not situated in areas which will be
subject to damage associated with heavy use.
Under no circumstances shall sheet metal aluminum, corrugated
aluminum, asbestos, iron, plain or painted plain concrete
block be deemed acceptable as major exterior wall materials
on buildings.
D. Protection of Natural Areas
Certain areas within the O'Neil Planned Development are
unsuitable or undesirable for development. These may
include wetlands, drainageways, select stands of trees,
natural buffers or other significant and environmentally
natural and sensitive features.
Features such as those described above shall be identified
on any site plan, preliminary subdivision plat, or other
application for development. As a condition of approval,
the developer may be required to designate and set aside
land for permanent open space. Open space land shall not
be occupied by buildings, roads, or road rights-of-way
except as specifically permitted. Land designated as open
space shall be maintained as open space and shall not be
separately sold, subdivided, or developed.
The City's "Environmental Manual" shall also be followed
by the developer in planning for the protection and
preservation of these sensitive areas.
E. Lighting
Street boulevard lighting shall be consistent in terms of
the stand, type of light and spacing throughout the O'Neil
Planned Development. It shall also comply with City policy.
Individual site lighting shall also be consistent and
planned as an integral part of each site design.
F. Signage
The developer shall prepare an overall sign manual which
shall control individual business signs by private covenant.
This manual shall be provided prior to approval of first
development.
At a minimum, signs shall comply with City Ordinances and
an overall signage plan shall be prepared for R.B., C.S.C,
L.B., and N.B. areas when specific development plans are
prepared for approval by the City.
G. Parkins
Parking space, size, orientation and surface requirements
shall comply with the City Zoning Ordinance in effect at the
time a development is approved. Deviations from the strict
provisions of the City Zoning Ordinance for parking may be
granted by the City for a coordinated development where the
minimum objective of the City Ordinance are otherwise met or
exceeded.
JOINT POWERS AGREEMENT
ESTABLISHING THE MINNESOTA VALLEY TRANSIT AUTHORITY
JOINT POWERS AGREEMENT by and among the Cities of Apple Valley,
Burnsville, Eagan, Prior Lake, Rosemount, and Savage ("Cities"),
municipal corporations organized under the laws of the State of
Minnesota. This Agreement is made pursuant to the authority conferred
upon the parties by Minnesota Statutes SS473.384, 473.388, and
471.59.
WHEREAS, the Cities have completed a Project Study under the
Metropolitan Transit Service Demonstration Program;
NOW, THEREFORE, BE IT RESOLVED, in consideration of the mutual
covenants contained herein, it is hereby agreed by and among the
Cities:
1. Name. The Cities hereby create and establish the Minnesota
Valley Transit Authority.
2. Purpose. The purpose of this Agreement is to provide
public transit service for the Cities pursuant to Minnesota Statutes
§473.388.
3. Definitions.
(A) "AUTHORITY" means the organization created by this
Agreement.
(B) "BOARD" means the Board of Commissioners of the
Minnesota Valley Transit Authority.
(C) "COUNCIL" means the governing body of a party to this
Agreement.
(D) "REGIONAL TRANSIT BOARD" (RTB) is the regional transit
board as established by Minnesota Statutes 5473.373.
(E) "ADVISORY COMMITTEE" is a committee consisting of the
City Manager or Chief Administrator of each party, or his or her
designee, which shall act as an advisory body to the Board.
(F) "PARTY" means any City which has entered into this
Agreement.
(G) "TECHNICAL WORK GROUP" is a committee consisting of one
staff member of each party, which shall act as technical advisors
to the Advisory Committee and the Board.
4. Parties. The municipalities which are the original parties
to this Agreement are Apple Valley, Burnsville, Eagan, Prior Lake,
Rosemount, and Savage. Additional parties may be added by the
concurrence of all the existing parties. No change in governmental
boundaries, structure, organizational status or character shall
affect the eligibility of any party listed above to be represented on
the Authority so long as such party continues to exist as a separate
political subdivision.
5. Board of Commissioners.
(A) The governing body of the Authority shall be its
Board which will consist of seven (7) voting commissioners.
Each party shall appoint one commissioner and one alternate
commissioner. The cities of Burnsville, Eagan and Apple
Valley shall additionally collectively appoint one
commissioner and one alternate. Representatives from the
Regional Transit Board may serve as ex officio members of
the Board of Commissioners.
(B) Commissioners shall be a member of the Council of
each party or its designee. Alternate commissioners shall
each be a member of the staff of a party. The terms of
office of commissioners shall be determined by each party.
(C) A commissioner may be removed by the party
appointing the commissioner with or without cause.
(D) Commissioners shall serve without compensation from
the Authority.
87
(E) At least five (5) of the members of the Board shall
constitute a quorum of the Board. Attendance by a quorum of
the Board shall be necessary for conducting a meeting of the
Board. The Board may take action at a meeting upon an
affirmative vote of five (5) of the commissioners.
(F) At the organization meeting or as soon thereafter
as it may be reasonably done, the Board may adopt rules and
regulations governing its meetings.
(G) At the organization meeting of the Board, and in
January of each year thereafter, the Board shall elect a
chairperson, a vice chairperson, a secretary, a treasurer,
and such other officers as it deems necessary to conduct its
business and affairs.
6. Powers and Duties of the Authority.
(A) General. The Authority has the powers and duties to
establish a program pursuant to Minnesota Statutes §§473.384
and 473.388 to provide public transit service to serve the
geographic area of the parties. The Authority shall have all
powers necessary to discharge its duties.
(B) The Authority may acquire, own, hold, use, improve,
operate, maintain, lease, exchange, transfer, sell, or
otherwise dispose of equipment, property, or property rights
as deemed necessary to carry out the purposes of the
Authority.
(C) The Authority may enter into such contracts to
carry out the purposes of the Authority.
(D) The Authority may establish bank accounts as the
Board shall from time to time determine.
(E) The Authority may employ an executive director,
whose duty shall be to administer policies as established by
the Authority. The executive director shall be an employee
of the Authority. The Authority may enter into employment
contracts with other personnel and may provide for
compensation, insurance, and other terms and conditions that
it deems necessary.
(F) The Authority may enter into a contract for
management services.
(G) The Authority may sue or be sued.
(H) The Authority shall cause to be made an annual
audit of the books and accounts of the Authority and shall
make and file the report to its Members at least once each
year.
(I) The Authority shall maintain books, reports, and
records of its business and affairs which shall be available
for and open to inspection by the parties at all reasonable
times.
(J) The Authority may contract to purchase services
from any one of the parties.
(K) Without the prior written approval of the councils
of all parties to this Agreement, the Authority shall not
purchase buses, motor vehicles, buildings, real estate or
lease the same for a period in excess of five (5) years.
7. operating Costs, Budget, and Financial Liability.
(A) The Authority shall have a fiscal year beginning
January 1 and ending December 31. on or before July 1 of
each year the Advisory Board shall prepare an estimated
budget for the next fiscal year including an estimate of
capital expenditures, operating costs, and revenues. Capital
expenditures and operating costs shall be limited to
revenues received pursuant to Minnesota Statutes SS473.384
and 473.388, and estimated revenues to be received from the
operation of the transit system. The Board shall review and
approve or disapprove the budget. The budget may be adjusted
from time to time on the basis of actual costs incurred or
changes in estimated revenue. In the event of an adjustment
of the budget, there shall be furnished to each party a
computation of the adjustment.
(B) The annual financial contribution to the Authority
of each party shall be the total amount of assistance which
each party receives pursuant to Minnesota Statutes SS473.384
and 473.388.
8. Insurance. The Authority shall purchase insurance in such
amounts and on such terms as the Authority shall determine.
9. Duration of Agreement This Agreement shall continue in
force until January 1, 1991, and thereafter from year to year,
subject to withdrawal by a party or termination by all parties.
Withdrawal by any party shall be effected by serving written notice
upon the other parties no later than January 10th of the year at the
end of which such withdrawal is to be effective. Withdrawal from the
Agreement by any party at the end of the calendar year shall not
affect the obligation of any party to perform the Agreement for or
during the period that the Agreement is in effect. Withdrawal of any
party or termination of the Agreement by all parties shall not
terminate or limit any liability, contingent, asserted or unasserted,
of any party arising out of that party's participation in the
Agreement.
10. Distribution of Assets. In the event of withdrawal of any
party from this Agreement, the withdrawing party shall not be
reimbursed. In the event of termination of this Agreement by all
parties, all of the assets which remain after payment of debts and
obligations shall be distributed among the municipalities who are
parties to this Agreement immediately prior to its termination in
accordance with the following formula. Each municipality shall
receive that percentage of remaining assets determined by dividing
the total amount which that municipality contributed to the Authority
during the previous five (5) years by the total amount contributed to
the Authority over the previous five (5) years by all the
municipalities who are parties to this Agreement immediately prior to
its termination. The amount of the distribution to any party pursuant
to this Agreement shall be reduced by any amounts owed by the party
to the Authority.
90
11. Effective Date. This Agreement shall be in full force and
effect when all six (6) initial Members, delineated in paragraph 4 of
this Agreement, sign this Agreement. All Members need not sign the
same copy. The signed Agreement shall be filed wiLn me �itiy
Administrator of the City of Rosemount, who shall notify all Members
in writing of its effective date and set a date and place for the
Board's first meeting. Prior to the effective date of this Agreement,
any signatory may rescind its approval.
IN WITNESS WHEREOF, the undersigned government units, by action
of their governing bodies, have caused this Agreement to be executed
in accordance with the authority of Minnesota Statutes §471.59.
Adopted this day of
1990.
CITY OF APPLE VALLEY
By :
Its: Mayor
ATTEST:
By:
Its: City Clerk
Adopted this
Adopted this day of
. 1990.
CITY OF BURNSVILLE
BY:
Its: Mayor
ATTEST:
Rvs
Its: City Clerk
day of Adopted this day of
1990. . 1990.
9/
MEMORANDUM
TO: Tom Hedges, City Administrator
FROM: Kristy Marnin, Planner I
DATE: January 26, 1990
SUBJECT: City Council Agenda Item - February 6, 1990
Approval of Joint Powers Agreement Establishing the MVTA
The City Council is requested to act on the Joint Powers Agreement
establishing the Minnesota Valley Transit Authority (MVTA). I
believe a copy of this agreement has been provided to you by Jim
Sheldon. By a previous joint powers agreement adopted in May and
June 1989, the Cities of Eagan, Apple Valley, Burnsville, Prior
Lake, Rosemount and Savage "opted -out" of the metropolitan transit
system. Approval of this new agreement is necessary in order to
put together the organization for administrating public transit
service to these six cities.
The governing body of the MVTA will be a board of commissioners
consisting of seven voting commissioners. Each City will have cne
commissioner. Additionally, the Cities of Eagan, Apple Valley and
Burnsville will collectively have one commissioner. Five votes
will be required for any action by the board. This arrangement of
commissioners and votes was devised through meetings with the
Project Advisory Team (PAT, consisting of staff from the six
cities) and Project Management Team (PMT, consisting of the City
Administrators/Managers from the six cities), and should alleviate
the potential for "special interests" (eg. bigger cities/smaller
cities, Dakota County cities/Scott County cities) among the Cities
to vote in blocks and control the MVTA. An additional oversight
to alleviate potential inequities in the MVTA will be the
requirement of Regional Transit Board (RTB) approval of all service
plans for the MVTA.
The first meeting of the MVTA board is tentatively scheduled for
March 1990. As such, each of the Cities must appoint its board
commissioner as soon as possible. The agreement requires that a
commissioner be a member of the City Council or its designee. In
discussions with the PMT, it appears that most Cities are leaning
towards appointment of a Councilmember. Action on this item in a
timely manner is imperative given the Cities' commitment to begin
transit service by September 1, 1990.
To meet the established timeline, the PAT and PMT have directed the
project consultants (Strgar-Roscoe-Fausch) to proceed with
preparation of the Request for Proposal (RFP) for transit service
while the MVTA board is being formed. The intent is to issue the
RFP in late February 1990 or early March 1990 in order to meet a
Fall 1990 start-up date.
If you have any questions on this matter, please advise.
id