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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 UF G- OIC.[' - ••J � 1 '- � — _ ` ' e �= • - ... , a lagan .`� `� ;•. �' �' I F, Lip __ !^"' �j" tip ! � �{::1.{�--• .. ii l //Ll r• ! i • t .' {{�� 'fit" ., ity H��iI C`ie CLYn.I � V4 :'i, � r1 r 't� % �F r � { .�: ^ ' a •- IL �� j/ � � , � :lt� P• L 1� . > i l . � - `' it i u ` ,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 C o E F K L L MENDOrA E/dHrS 0., AOAN v N. J� t 2 1.9x 4� to - K , .......... 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 39 IV v SJ _S1131W ce zw lo it s 1 � !! w■ � i s i= i 13n �)n• 3ri'. r4.' � W a � O W i > W a c k L) _S > • a � � J U L J C C7 a Z w .. io C � p uiQ >_ cc�Z Q1{ Chi: Lu 3"I� a' Z ° -p >� J C)VZ == LL Lu =) .z t L) � a z =3LL rn QOM .. V oC U s Z 0 F �.� U �.. z l i p Ile, ■ LL 0 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 19wp:eagwater.qua C� y 9 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 19wp:eagwater.qua vi r W W J W Z O W J IL Z nn L; S/ 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. 2 L " In 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