The URL can be used to link to this page

06/07/2005 - City Council RegularAGENDA EAGAN CITY COUNCIL -REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING June 7, 2005 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA (At approximately 8:00 p. m. the Council will take a short recess) III. RECOGNITIONS & PRESENTATIONS }~ ~ A. Retirement of Ken Southorn $. 2005 Apprentice Firefighter recognition and introduction to Council ~tJ IV. 2004 COMPREHENSIVE ANNUAL FINANCIAL REPORT ~1 V. CONSENT AGENDA S A. APPROVE MINUTES r 6 B. PERSONNEL ITEMS ~~ e C. CHECK REGISTERS / 7 D. APPOINT City Administrator to the Cedar Corridor Transportation Infrastructure Group ~ O E. APPROVE application for Exempt Permit for Experimental Aircraft Association Chapter 25 to hold a raffle on October 9, 2005. ~a, F. APPROVE Lawful Gambling License renewal application for Eagan Hockey Association to conduct pull-tab operation at the Cherokee Sirloin Room. 'd3 G. APPROVE Resolution accepting $150 donation from Eagan Cub Scout Pack 104 -Arbor Day Tree t>~ H. APPROVE 5 Year Capital Improvement Plan, 2006-2010 (Public Works, Part III) ag I. APPROVE Winter Trail Maintenance Plan, 2005-2006 J. RECEIVE petition /order public hearing -easement vacation, Oak Hills Church 3 ~ K. RECEIVE Feasibility Report and schedule Public Hearing for Project 922 (Lone Oak Drive and Lone Oak Parkway -Sidewalk) Z ~L. APPROVE Change Order #2 for Contract 04-04 (Lexington Avenue, TH 55 to Lone Oak Road -Street /`'' Improvements 36 M. APPROVE Change Order #2 for Contract #OS-O5, Cascade Bay Pool Repairs ~37 N. AUTHORIZE advertisement for request for proposals for Water Quality Management Plan Update APPROVE Final Subdivision -Sweet Place - A final subdivision of 5.76 acres to create eight (8) single ~~ family residential lots in the NW '/. of Section 36 P. APPROVE final financing package for the Eagan Community Center and related improvements and authorize fund transfers 3Q. APPROVE contract with Wyle Laboratories to conduct a baseline noise study in advance of the opening of Runway 17/35 ~p 6 3 R. APPROVE Final Plat - McDonald's Addition -located at 1995 Silver Bell Road in the SW '/< of Section 17 S' S. APPROVE the installation of a 24' picnic shelter at Wescott Square T. APPROVE 2005-2006 Massage Therapy Establishment License renewals 6 ~ U. APPROVE 2005-2006 Amusement Device Licenses ~ 6'7 VI. PUBLIC HEARINGS VII. OLD BUSINESS VIII. NEW BUSINESS ~j ~ A. CONDITIONAL USE PERMIT -John and Susan Korth - A Conditional Use Permit to exceed the 25% maximum impervious surface allowed for the shoreland overlay of Bald Lake located at Lot 19, Block 1, Gardenwood Ponds 4~' in the NE '/a of Section 23. Q~'/ B. CONDITIONAL USE PERMIT -First Industrial - A Conditional Use Permit to allow outside storage of Q trailers located at Lot 1, Block 1, Apollo Subdivision in the NE'/a of Section 11. C. RESPONSIBLE GOVERNMENT UNIT -Determine if City is to be designated as Responsible Government Unit (RGU) -Great River Electric requested to upgrade transmission lines in central Eagan. IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE X. ADMINISTRATIVE AGENDA a. Comments by City Council, City Administrator, and Department Heads /~ ~ XI. NEW RUNWAY/AIRPORT UPDATE XII. ECONOMIC DEVELOPMENT (there are no items at this time) The Council acting as the Board of Commissioners of the Economic Development Authority ("EDA') may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER B. ADOPT AGENDA C. APPROVE MINUTES D. OLD BUSINESS E. NEW BUSINESS F. OTHER BUSINESS G. ADJOURNMENT XIII. VISITORS TO BE HEARD (for those persons not on agenda) XIV. CLOSED SESSION XV. ADJOURNMENT The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. City of Ea~au deoB To: HONORABLE MAYOR & COUNCILMEMBERS From: CITY ADMINISTRATOR HEDGES Date: NNE 3, 2005 Subject: AGENDA INFORMATION FOR JUNE 7, 2005 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the June 7, 2005 City Council agenda, the following items are in order for consideration. Agenda Memo June 7, 2005 City Council Meeting III. RECOGNITIONS & PRESENTATIONS A. RETIREMENT OF KEN SOUTHORN There will be a brief recognition for Ken Southorn in appreciation of dedicated service to the residents of the City of Eagan as an employee in the City's Police Department from 1996 - 2005, and for his 22 years as a member of the Eagan Volunteer Fire Department from 1972 - 1994, which includes 6 yeas as Eagan's Fire Chief from 1986 - 1992. a Agenda Information Memo June 7, 2005 Eagan City Council Meeting III. RECOGNITIONS & PRESENTATIONS B. 2005 APPRENTICE FIREFIGHTER RECOGNITION AND INTRODUCTION TO COUNCIL ACTION TO BE CONSIDERED: No formal action necessary. The presentation is to recognize the 2005 City of Eagan apprentice firefighters and introduce them to the City Council and community. FACTS: - Fire Chief Bob Kriha is pleased to present the Class of 2005 Apprentice Firefighers, who have been in dedicated service to the community since January 2005. - With 22 weeks of recommended Fire Fighter I class one night a week fora 3 hours per night, the group has put in 66 hours of training. Additionally, they participated in live burn trainings for a total of 80 hours of training since the beginning of 2005. - The training took place mostly in Eagan, with instruction coming from within the department. All of the course work is completed outside of normal working hours. - Requirements for the apprentice class include: 40 hours of first responder training, 40 hours of Haz-Mat operations class, and 20 hours of pump and engine driving class. All of these training hours must be completed within 24 months after joining the department. - This group of 8 firefighters is an excellent class! - The following is a list of the 2005 Apprentice Class: • Bill McEvoy -Station 1 • Peter Steppe -Station 1 • Brian Rosnau -Station 2 • Tom Kaisler -Station 4 • Jack Kelley -Station 4 • Mike Munzen -Station 4 • Bobby Conley -Station 5 • Brian DesLauriers -Station 5 3 Agenda Memo June 7, 2005 Eagan City Council Meeting IV. 2004 COMPREHENSIVE ANNUAL FINANCIAL REPORT ACTION TO BE CONSIDERED: To receive and accept the 2004 Comprehensive Annual Financial Report (CAFR). FACTS: • The CAFR for the year ended December 31, 2004 has been completed and the audit by Kern, DeWenter, Viere, Ltd. (KDV) has been performed. • KDV has expressed an "unqualified opinion"-the best opinion that can be given- on the financial statements. • A brief PowerPoint presentation reviewing the charts and tables included in KDV's "Memorandum on Financial Analysis Information, Accounting Policies and Procedures and Internal Control" will be made by Matt Mayer of KDV. • Mr. Mayer, Director of Administrative Services VanOverbeke, and Chief Financial Officer Pepper will be available to answer questions. ATTACHMENTS: • 2004 CAFR (without page number) • KDV's "Memorandum on Financial Analysis Information, Accounting Policies and Procedures and Internal Control" (without page number) Agenda Information Memo June 7, 2005 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the May 17, 2005 regular City Council meeting and the May 10, 2005 special City Council workshop as presented or modified. ATTACHMENTS: Minutes of the May 17, 2005 regular City Council meeting are enclosed on pages through ~. Minutes of the May 10, 2005 special City Council workshop are enclosed on pages through s MINUTES OF A REGULAR MEETING OF THE ~ R A F T EAGAN CITY COUNCIL Eagan, Minnesota May 17, 2005 A Listening Session was held May 17, 2005 at 6:00 p.m. prior to the regular City Council meeting. Sharon Isabart representing the Carriage Hills neighborhood encouraged the Council to appeal the recent court decision regarding the Carriage Hills Golf Course property. John Felde, representing the Charter Commission, requested $300 from the City for legal representation in pending litigation against the Commission. A regular meeting of the Eagan City Council was held on May 17, 2005 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers Fields, Tilley, Carlson and Maguire. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Bob Bauer and Administrative Secretary /Deputy Clerk Mira Pepper. AGENDA It was noted that item C under Old Business (Halley's 2"d Addition) will be continued to the July 19, 2005 Council meeting; and item B under New Business (Interim Ordinance) is being removed from the agenda. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS Andy Schriner, representing Qwest, announced that DSL will expand for 2000 additional subscribers. CONSENT AGENDA A. Minutes. It was recommended to approve the minutes of the May 3, 2005 regular City Council meeting and the Apri126, 2005 Special City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Jill Ondrey as Crime Prevention Specialist in the Police Department. 2. .It was recommended to approve the hiring of Abbey Adamus, Kayla Csargo, Albert Everting, Trevor Flaten, Heather Jensen, Mitchel Johnson, kaelyn Matteson, Erin McDermott, Audrey Rehwaldt, Kristi Swift, Harith Walli and Jackie Wright as part-time seasonal Guest Relations Workers at Cascade Bay. 3. It was recommended to approve the hiring of Kelsey Allen, Sean Bjordal, Aly Cooper, Nathan Fowler, Emily Graham, Corey Hiben, Kristen Manias and Alexis as part-time seasonal pool attendants at Cascade Bay. 4. It was recommended to approve the hiring of Derek Jahn, Amanda Monn, Kristin O'Brien, JackieRose, Joni Tobin and Sara Towle aspart-time seasonal lifeguards at Cascade Bay. 5. It was recommended to approve the hiring of Joseph Morrison as a part-time seasonal maintenance worker at Cascade Bay. 6. It was recommended to approve the hiring of Matt Janquart as a seasonal Water Resources Assistant. C. Check Registers. It was recommended to ratify the check registers dated May 5, 2005 and May 12, 2005 as presented. D. Proiect 813. It was recommended to receive the Final Assessment Roll for Project 813 (Central Parkway - Streetscaping Improvements) and schedule a public hearing to be held on June 21, 2005. E. Donation. It was recommended to approve a resolution accepting a donation from the Relief Association to the Fire Department. F. Liquor License. It was recommended to approve the temporary 3.2 percent malt liquor license for the Eagan Lions Club for the Fourth of July celebration (July 2-4, 2005) and waive the $25 license fee. G. Liquor License. It was recommended to approve the off-sale 3.2 percent malt liquor license for New-Mart, Inc. dba New-Mart, 1969 Silver Bell Road. 6 Eagan City Council Meeting Minutes May 17, 2005 Page 2 ®RAFT H. On-Sale and Sunday License. It was recommended to approve the on-sale liquor and Sunday license for Eagan Jakes, Inc. dba Jake's City Grille. I. Final Plat. It was recommended to approve a Final Plat (Dakota Ridge Best Western) to create one lot on approximately 3.1 acres located at 3450 Washington Drive in the NE %< of Section 16. J. Final Plat. It was recommended to approve a Final Plat (Camp Butwin) to create one lot on approximately 84 acres located off 120a' Street in the SW '/a of Section 35. K. Final Subdivision. It was recommended to approve a Final Subdivision, Wings Addition, to create two lots on approximately 3.3 acres located at 3240 Denmark Avenue in the SE '/< of Section 10. L. Extension for Recording_Final Plat. It was recommended to approve an extension of 60 days to record the Final Plat for Awad Addition, located at 2150 James Street in the S W '/< of Section 31. M. Cascade Bay Pool Repairs. It was recommended to authorize staff to approve necessary changes to the Cascade Bay pool repairs/restoration project prior to submitting them for individual council approval. N. Wetland Delineation. It was recommended to confirm the wetland delineation reports submitted for Nicols Ridge's Gonyea, Joos and Lachenmeyer parcels. O. ~. It was recommended to authorize staff to pursue Requests for Quotations to identify costs associated with pursuing a potential historic designation for Holz Farm. P. MVTA Joint Powers Agreement. It was recommended to approve the amended and restated MTA Joint Powers Agreement. Q. Shows License. It was recommended to approve a Shows License for the Eagan Lion's Club to hold the July 4~' Fun Fest at Eagan's Central Park. R. Parade Permit. It was recommended to approve a Parade Permit for the Eagan's Lion's Club to hold the July 4~' Parade and waive the application fee. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the consent agenda as presented. Aye: 5 Nay: 0 PUBLIC HEARINGS LOT 1, BLOCK 1, HAWTHORNE RIDGE EASEMENT VACATION City Administrator Hedges introduced this item regarding the vacation of public drainage and utility easements on Lot 1, Block 1, Hawthorne Ridge. Public Works Director Colbert gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, he closed the public heazing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the vacation of public drainage and utility easements on Lot 1, Block 1, Hawthorne Ridge and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 OLD BUSINESS RESOLUTIONS OF INTENT TO PARTICIPATE IN DAKOTA COUNTY 800 MHz RADIO NETWORK AND CONSOLIDATED PSAP City Administrator Hedges introduced this item regazding the Dakota County Radio Network, which has been previously discussed at a Council work session. Chief of Police Therkelsen discussed the proposed project. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve a Resolution to join the Dakota County 800 MHz Public Safety Radio Subsystem. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Resolution to participate in a Dakota County Joint Dispatch Center -Consolidated Public Safety Answering Point (PSAP). Aye: 5 Nay: 0 Eagan City Council Meeting Minutes May 17, 2005 Page 3 ~RAFj PARK AND TRAIL DEDICATION RECONSIDERATION -EAGAN DENTAL ASSOCIATES City Administrator Hedges introduced this item regarding a request for a refund of $5,275 for park and trail dedication for Eagan Dental Associates. City Planner Ridley gave a staff report. It was noted that the APrC considered the matter at their May 16, 2005 meeting and recommended a partial rebate in return for a conservation easement over the unused property. After discussion with the applicant it was the consensus of the Council that a refund for the park and trail dedication was not warranted. Councilmember Maguire moved, Councilmember Fields seconded a motion to deny a refund of $5,275.00 for park and trail dedication for Lot 1, Block 2, Lexington 2"d Addition (Eagan Dental Associates) Aye: 4 Nay: 0 (Tilley abstained) FINAL PLAT (HALLEY'S 2Nn ADDITION) MANLEY LAND DEVELOPMENT This item was continued to July 19`s during the adoption of the agenda. NEW BUSINESS COMPREHENSIVE GUH)E PLAN AMENDMENT - PASTER ENTERPRISES, INC. City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment to change the land use designation from Special Area -Office/Service, to Special Area -Retail Commercial, upon approximately 24 acres located north of Yankee Doodle Road and west of Central Parkway. City Planner Ridley gave a staff report. Howard Paster, Paster Enterprises, discussed the history of Paster Enterprises and the proposed retail development. Ken Hempkist discussed the landscape design of the proposed site plan. Jack Andahl discussed the architectural design and Vern Swing discussed traffic issues. A representative of the Gramercy Co-Operative spoke in favor of the proposed Comprehensive Plan Amendment, stating the retail development would be an asset to the area. Members of the Perron family, owners of the subject property, and their attorney, requested the Council approve the amendment, stating there has been no interested buyers for the land with the current zoning designation. One resident of the Gramercy Co-Op and a letter received on May 17, 2005 opposed the proposed retail plans. Councilmembers, staff and the City Attorney held a discussion which included an upcoming community survey, the need for additional retail businesses in the City, and the inclusion of adjacent property in the proposed plan. Councilmembers also spoke about the need to identify anchor tenants and a way to ensure the end product would be as unique and exciting as the applicant pornayed when he explained the different types of features including architecture, pedestrian connections, tenant mix, abundance of landscaping, etc. It was suggested by the City Attorney that the applicant request this item be continued and bring additional information back before the Council for further review. Mr. Paster requested that consideration of their application for a Comprehensive Guide Plan amendment be continued until the June 21 S` meeting at which time an update on the proposed retail project will be provided. INTERIM ORDINANCE TO CREATE A MORATORIUM FOR THE AREA IN SOUTHEAST EAGAN BOUNDED BY RED PINE LANE, GUN CLUB ROAD, STATE HIGHWAY 3 AND THE RED PINE SCHOOL PROPERTY This item was removed from the agenda at the time the agenda was adopted. Eagan City Council Meeting Minutes ®^ May 17, 2005 K Page 4 LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE Public Works Director Colbert provided an update regarding the Transportation Bill that is currently before the Legislature. It was agreed that individual City Council members would address the Bill. ADMINISTRATIVE AGENDA CHANGE IN WORKSHOP DATE City Administrator Hedges discussed the need to change the June 13 City Council workshop to June 15 due to the Jewish holiday Shavuot. Councilmember Fields moved, Councilmember Maguire seconded a motion to approve a change in the June workshop date from Monday, June 13 to Wednesday, June 15 to recognize the Jewish holiday Shavuot. Aye: 5 Nay: 0 SETTLEMENT AGREEMENT -CITY AND TODD WAGNER City Administrator Hedges stated that a settlement agreement with Todd Wagner had been reached. He stated that if Council wished to discuss the settlement, they could do so in the Executive Session. Councilmember Maguire moved, Councilmember Fields seconded a motion to approve the Settlement Agreement between the City and Todd Wagner. Aye: 5 Nay: 0 EAGAN LAKE5 APPRECIATION MONTH City Administrator Hedges stated that the Advisory Parks Commission and the Gun Club Lake Management Organization had unanimously recommended the designation of June as Eagan Lakes Appreciation Month. Councilmember Tilley moved, Councilmember Fields seconded a motion to adopt a resolution designating June as Eagan Lakes Appreciation Month. Aye: 5 Nay: 0 REDEVELOPMENT DISTRICT UPDATE Community Development Director Hohenstein provided an update regarding the City's redevelopment districts. Councilmember Fields moved, Councilmember Tilley seconded a motion to direct staff to undertake a master plan study for southeast Eagan. Aye: 5 Nay: 0 NEW RUNWAY /AIRPORT UPDATE Assistant to the City Administrator Miller discussed the possibility of hiring of a consulting firm to design and implement baseline noise measurements in preparation for the opening of runway 17/35 at the Minneapolis - St. Paul Airport. One resident spoke encouraging the Council to implement the baseline noise measurements, especially in school areas. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the hiring of a consulting firm to design and implement baseline noise measurements in preparation for the opening of runway 17/35 at the Minneapolis - St. Paul airport. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. 9 Eagan City Council Meeting Minutes May 17, 2005 Page 5 CRAFT Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the regular City Council meeting at 9:15 p.m. Aye: 5 Nay: 0 Date Administrative Secretary /Deputy City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TDD phone: (651) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. /0 MINUTES SPECIAL CITY COUNCIL WORKSHOP MAY 10, 2005 5:30 P.M. EAGAN ROOM - EAGAN MUNICIPAL CENTER City Councilmembers present: Mayor Geagan, Councilmembers Carlson, Fields, Maguire and Tilley. Staff present: City Administrator Hedges, Assistant to the City Administrator Miller, Director of Administrative Services VanOverbeke, Public Works Director Colbert, Community Development Director Hohenstein, Street Superintendent Struve, City Engineer Matthys and City Transportation Engineer Platte. I. AGENDA ADOPTION Councihnember Fields moved; Councilmember Tilley seconded a motion to adopt the agenda. Aye: 5 Nay: 0 II. VISITORS TO BE HEARD Bob Acton, member of the Eagan Open Space Coalition and resident near Carriage Hills Golf Course, offered the help of the Coalition to the City. He also recommended that the City proceed with an appeal with regard to the Carriage Hills lawsuit. Mr. Acton sited open space and school capacity as reasons to appeal. III. SPECIAL ASSESSMENT CLARIFICATION -CENTRAL PARKWAY STREETSCAPING City Administrator Hedges introduced the item noting that Project 813 provided for the installation of streetscape improvements along Central Parkway, from Yankee Doodle Road to Pilot Knob Road. Public Works Director Colbert provided ahistory of the special assessments proposed against Lockheed Martin with regard to Project 813. The City Council discussed whether Lockheed Martin should be included in the assessment roll. roll. There was City Council consensus to include Lockheed Martin in the final assessment // IV. WINTER TRAIL MAINTENANCE PLAN REVIEW City Administrator Hedges introduced the item noting that in 1998 the City Council adopted a winter trail maintenance plan that allows the Council to annually review and reconsider the extent of the trail system that is maintained during the winter months. Public Works Director Colbert noted that, although there were no citizen requests this year, there is one segment that staff has identified that needs to be addressed by the Council for the coming winter season (2005-2006). Public Works Director Colbert asked for the Council's input on the proposed consideration to add winter trail maintenance on the extension of the new alignment of County Road 28 (Yankee Doodle Road) from TH 149 to TH 55. Colbert noted that adding this new segment, plus the existing segment on the south side of Yankee Doodle from Elrene Road to TH 149, would cost an average of $1,227 per year. The City Council discussed the merit of adding the new segment to the winter trail maintenance program. There was City Council consensus not to include the proposed new segment at this time but reconsider it when the new trail is built along TH 149. V. SIGNAGE FOR CUL-DE-SACS City Administrator Hedges introduced the item noting that currently there are 42 separate locations within the City where a street ends and a temporary cul-de-sac or stub street condition exists as a result of pending or future development. Public Works Director Colbert noted that several years ago, the Council directed the installation of notification signs ("Development Pending") on land where an application for development had been received. Colbert added that in an effort to provide similar notification to the public for the future phasing plans after development, staff recently began requiring developers to install similaz signage ("Future through Street") at the end of stub streets and/or temporary cul-de-sacs. Colbert recommended to the City Council that, in an effort to provide consistency throughout the City, staff can install similar notification signage at all needed locations. The City Council discussed the notification efforts. There was City Council consensus that before installing any of the signs, a newsletter article in Experience Eagan should be provided. Furthermore, the Council requested that City staff contact the local media before installing the signs. The Council requested that the newsletter article communicate the pro- activity ofthe City Council as well as the need to first educate the public before installing such signage. VI. TRANSPORTATION INFRASTRUCTURE NEEDS ANALYSIS (TINA) City Administrator Hedges introduced the item noting that at the Council's January 21- 22, 2005 goals retreat, one of the primary goals of the City Council was to secure funding sources to expand the transportation infrastructure to meet the transportation needs of the community. /a Public Works Director Colbert noted, in response to the City Council's goal, staff retained the services of its transportation consultant, SRF Consulting Group, Inc. and has completed a working draft report that identifies the 20-year projected needs for both system preservation and expansion. Colbert added that the report also reviewed the current source of revenue, identified other potential sources and compared their project capabilities to the estimated system needs. Colbert stated that the results of the analysis indicate that there will be a gap or shortfall of approximately $57.6 million (average of $2.88 million per yeax) of local City funding required to meet the anticipated 20-year needs for the transportation system within Eagan. Public Works Director Colbert introduced Dave Montebello and Brian Shorten from SRF Consulting Group, Inc., who presented a summary of the Transportation Infrastructure Needs Analysis (TINA). Upon receiving the presentation, the City Council was complimentary of the work that had been completed. The Council suggested that staff further look into the City's current assessment policy and development agreements, as well as stay active at the legislative level on transportation issues. The Council requested that staff come back with a timeline as to how the study can be implemented. The Council also requested that staff prioritize the transportation projects needed in the City and bring back any recommendations to the City Council. The City Council recessed for a brief break at 7:00 p.m. The City Council reconvened at 7:15 p.m. VII. PUBLIC WORKS DEPARTMENT - 5 YEAR CIP (PART III) City Administrator Hedges introduced the item noting that each year the City adopts a capital improvement program (CIP) for the community that becomes the planning guide for initiating and programming various capital improvements. Hedges added that the CIP is compromised of three parts: (I.) Community Facilities, (II.) Major Equipment, and (III.) Infrastructure (Parks and Public Works). Hedges added that the Public Works Department has completed the preparation of a draft CIP for 2006-2010. Hedges asked that the City Council review the draft CIP so that staff can incorporate and make comments and/or revisions before presenting it for formal consideration and adoption at a regular Council meeting. Public Works Director Colbert reviewed the more significant projects identified in the CII' and noted that the draft incorrectly included the TH 149 improvements for 2006 which was approved at a public hearing on Apri15 this year and should no longer be listed as a future project for consideration. He also noted that this draft CIP inadvertently does not include a section for Trails beyond those already included as part of a major street improvement. With the recent completion of the Comprehensive Trail Policy, a priority ranking of uncompleted trial segments will be proposed with the CIP to be presented for consideration next year. The City Council discussed the various projects included in the draft CIP and inquired about the intersection of Highway 149 and Chapel Lane. Staff noted that the intersection does not meet a warrant for a traffic signal at this time; however, the intersection will be re-evaluated after completion of upcoming road improvements. /3 Upon receiving City Council feedback, Public Works Director Colbert noted that the CIP would be brought forward for formal consideration at the June 7 City Council meeting. VIII. APPOINTMENTS /CEDAR CORRIDOR TRANSPORTATION INFRASTRUCTURE IMPROVEMENT GROUP AND TECHNICAL ADVISORY COMMITTEE City Administrator Hedges introduced the item noting that the City of Eagan along with the other Dakota County cities impacted by the Cedar Corridor have joined together to form the Cedar Corridor Transportation Infrastructure Improvement Group, which will be referred to as the Cedar Group, to oversee the Cedar busway developments as well as focus on highway improvements to Cedar Avenue. Hedges added the City has been asked to appoint one City Councilmember to serve as the member of the Cedar Group and one Councilmember to serve as the alternate. Hedges also noted that per the Council's direction at the May 3, 2005 regular City Council meeting, he was in contact with Gene Franchett, Cedar Busway Project Manager, to get clarification on the role of the MVTA on the Cedar Group. Hedges noted that Mr. Franchett stated that the recommendation going before the Committee on May 11 provides for the MVTA as a voting member of the Committee. Councilmembers Maguire and Tilley both expressed their interest in serving on the Committee. Councilmember Fields moved, Mayor Geagan seconded a motion to nominate Mike Maguire as the member of the Cedar Group. Aye: 3 Nay: 2 (Carlson, Tilley) Councilmember Fields moved, Mayor Geagan seconded a motion to appoint Councilmember Tilley as the alternate to the Cedar Group. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Carlson seconded a motion to appoint Public Works Director Colbert and Director of Community Development Hohenstein as staff members to the Cedar Avenue Technical Advisory Committee, with City Planner Ridley serving as the alternate. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to appoint Ruthie Batulis, Executive Director of the NDC Chamber of Commerce, as the Eagan business representative on the Cedar Group until such time as a member of the business community can take over the position on the committee. IX. OTHER BUSINESS There was no other business. X. CLOSED SESSION The City Council met in closed session to discuss matters of pending litigation including the Rahn/Wensmann lawsuit. /~ XI. ADJOURNMENT Councilmember Maguire moved, Councilmember Fields seconded a motion to adjourn the Special City Council Workshop at 9:50 p.m. /S Agenda Information Memo June 7, 2005 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Clerical Tech IIUCommunity Development-- ACTION TO BE CONSIDERED: To approve the hiring of Jennifer Hildebrandt as a Clerical Tech III in the Community Development Department. Item 2. Engineering Interns-- ACTION TO BE CONSIDERED: To approve hiring of Lindsey Mathwig and Brandon Barnes as Engineering Interns. Item 3. Seasonal Utilities Maintenance Workers-- ACTION TO BE CONSIDERED: To approve hiring of Catherine Ayres, Nathan Cermak, Alec Graham, Kelly Therkelsen and David Tripp as seasonal utilities maintenance workers. Item 4. Seasonal Streets Maintenance Workers-- ACTION TO BE CONSIDERED: To approve hiring of Travis Hibbard, Samuel Tripp and Josh Tripp as seasonal streets maintenance workers. Item 5. Seasonal Parks Maintenance Workers-- ACTION TO BE CONSIDERED: To approve hiring of Christopher Hoffman, Tyler VonDeLinde, Brian Hopkins, Jason Wheeler, Michael Hopkins, Scott Hoium, David Guenther, Cassy Lenz, Breanna Borash, Brian Polkowski, David Streefland, Elyse Chell, Jacob Nicklay, Jessye Stock, Tricia Nutter, Jacob Loesch, Robert Rausch, Ryan Neumann, Tammy Sullivan, Kathryn Love, Luke Selby, Johanna Grosse, Kevin Stevenson, Andrew Koppang, Frank Kocer, Richard LeMay, Robert Downs, Andrew Lee, Allen Wachter, Joseph Redfield and Geoff Cleveland as seasonal parks maintenance workers. Item 6. Seasonal Forestry Workers- ACTION TO BE CONSIDERED: To approve the hiring of Tom Wollan, Elliot Guetzlaff, and Robbie Edwards as seasonal forestry workers. /6 Agenda Information Memo June 7, 2005 Eagan City Council Meeting Item 6. Resignation/9-1-1 Dispatcher-- ACTION TO BE CONSIDERED: To accept the resignation of Amanda Lukkes, 9-1-1 Dispatcher. /~ Agenda Information Memo June 7, 2005 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated May 19, 2005, May 26, 2005 and June 2, 2005 as presented. ATTACHMENTS: • Check registers dated May 19, 2005, May 26, 2005 and June 2, 2005 are enclosed without page number. /~ Agenda Information Memo June 7, 2005 Eagan City Council Meeting V. CONSENT AGENDA D. APPOINT CITY ADMINISTRATOR TO THE CEDAR CORRIDOR TRANSPORTATION INFRASTRUCTURE GROUP ACTIONS TO BE CONSIDERED: To appoint the City Administrator to the Cedar Corridor Transportation Infrastructure Group. FACTS: - It was the decision of the Cedar Group at the May committee meeting to appoint City Administrators to serve as voting members on the Cedar Group, in addition to the elected officials, MVTA representatives, and business representatives that have already been appointed. - The City of Eagan is asked to ratify the recommendation of the Committee to appoint City Administrator Hedges to the Cedar Group. /9 Agenda Memo June 7, 2005 Regular City Council Meeting CONSENT E. Application for Exempt Permit for Experimental Aircraft Association Chapter 25 ACTION TO BE CONSIDERED: Approve application for Exempt Permit for Experimental Aircraft Association Chapter 25 to hold a raffle on October 9, 2005 at the Eagan Community Center. FACTS: Experimental Aixcraft Association, Chapter 25, has applied with the Minnesota Gambling Control Board to hold a raffle at the Eagan Community Center on October 9, 2005. • This organization has held raffles in Eagan in past years. • The Police Department has reviewed the application and has not identified any reason to deny. • Staff deems the application in order for approval. ATTACHMENTS: • None ao Agenda Memo June 7, 2005 Regular City Council Meeting CONSENT F. Lawful Gambling License renewal for Eagan Hockey Association to a conduct pull-tab operation at the Cherokee Sirloin Room. ACTION TO BE CONSIDERED: Adopt Resolution Approving Lawful Gambling License renewal for Eagan Hockey Association to conduct apull-tab operation at the Cherokee Sirloin Room. FACTS: • The Eagan Hockey Association has been licensed to conduct a pull tab operation at the Cherokee Sirloin Room, 4625 Nicols Road since 1995. • All requirements of the renewal application have been met. • The Police Department has reviewed the application and has not identified any reason to deny. • Staff deems the license renewal in order for approval. ATTACHMENTS: • A copy of the Resolution is attached as page ~. ai RESOLUTION CITY OF EAGAN GAMBLING CONTROL BOARD PREMISE PERMIT RENEWAL FOR EAGAN HOCKEY ASSOCIATION ON CHEROKEE SIRLOIN ROOM PREMISES WHEREAS, the Eagan Hockey Association has applied for a Gambling Control Board premise permit renewal for a pull tab operation at Cherokee Sirloin Room, 4625 Nicols Road; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and WHEREAS, this is a renewal of an existing premise permit; NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves the Eagan Hockey Association application for a premise permit renewal at Cherokee Sirloin Room. Motion by: Seconded by: Those in Favor: Those Against: Date: June 7, 2005 CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk CERTIFICATION I, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 7th day of June, 2005. Maria Petersen, City Clerk a~ Agenda Information Memo June 7, 2005, Eagan City Council Meeting G. APPROVE RESOLUTION ACCEPTING $150 DONATION FROM EAGAN CUB SCOUT PACK 104 -ARBOR DAY TREE ACTION TO BE CONSIDERED: To approve a resolution accepting a $150 donation from Eagan Cub Scout Pack 104 for purchase of a tree installed at Lexington Diffley Athletic Fields as part of the 2005 Arbor Day program. FACTS: • Scoutmaster Tim Liffi-ig approached the City about his Eagan Cub Scout Pack 104 donating $150 to purchase a tree at Lexington Diffley Athletic Fields in connection with Arbor Day 2005. Pack 104 held a fundraiser specifically for this purpose. • A B&B Shademaster Honeylocust tree (cost $129) was selected as the donation tree because of its proposed location and cost, and at the request of Pack 104, a small recognition plaque has been installed. • Gregg Hove, Supervisor of Forestry, will send a thank you letter to Cub Scout Pack 104. ATTACHMENTS: • Attached on page ~ is a copy of a resolution accepting the gift. ~3 EXTRACT OF NIINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY,IVIINNESOTA A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on June 7, 2005, at 6:30 p.m. ' The following members were present: Geagan, Carlson, Fields, Maguire, and Tilley; and the following were absent: none Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the costs to the general public of providing services in Eagan; and WHEREAS, Eagan Cub Scout Pack 104 has offered to donate $150 for use by the City of Eagan to purchase a tree installed at Lexington Diffley Athletic Fields as part of the 2005 Arbor Day program; and WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two-thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Dakota County, Minnesota, that the donation is hereby accepted for use by the City; BE TT FURTHER RESOLVED, that the City sincerely thanks Eagan Cub Scout Pack 104for the gracious and generous donation. ADOPTED this 7th day of June, 2005. Pat Geagan, Mayor ATTEST: Maria Petersen, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member and upon the vote being taken thereon, the following voted in favor: and the following voted against the same: WHEREUPON, said resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Clerk. ay Agenda Information Memo June 7, 2005 H. 5 YEAR CAPITAL IMPROVEMENT PLAN (2006-2010) ACTION TO BE CONSIDERED: Approve the 5-year Capital Improvement Plan for 2006-2010 and authorize the initiation of the public improvement process for the 2006 programmed improvements. FACTS: • At the Council Workshop held on May 10, the Public Works Department presented a draft of their proposed 5-year Capital Improvement Plan (CIP) for 2006-2010. As a result of a detailed review and discussion, the Council and staff agreed on some minor revisions to the submitted draft. The revised CIP is now being presented to the Council for their consideration of favorable action. • With the approval of this 5-year CIP, it would be beneficial to also authorize the initiation of the public improvement process for those projects programmed for 2006 to allow the appropriate studies, notices and hearings to be completed in 2005 allowing for the bids to be solicited in the early part of 2006. ISSUES: • After a subsequent discussion with the Dakota County Traffic Engineer, a project has also been added in 2007 to the final CIP for a potential intersection improvement on Cliff Road @ Thomas Lake Road/Stonecliffe Drive. A statistically significant number of accidents and additional traffic signal warrants at this location have brought it towards the top of the County's list for intersection control needs. Anew traffic signal installation at this location will most likely require the removal of the existing signal at the intersection of Cliff Road with Thomas Center DriveBeacon Hill Road (in order to meet the County's spacing guidelines) and the placement of a limited access median resulting in a change to some traffic patterns on the adjoining local streets. ATTACHMENTS: • Summary of Proposed 2006 Improvements, pages~~ and ~. • 5-year CIP (2006-2010), enclosed without page number. 2006 - 2010 Capital Improvement Program Proposed 2006 Improvements LOCATION DESCRIPTION ARTERIAL 8~ COLLECTOR IMPROVEMENTS ' 1. Hwy. 55/Blue Water Road Intersection Improvements 2. Slater Rd. (Cliff to Storland) Overlay 3. Yankee Doodle Rd. (Promenade to Lexington) Upgrade to 6 Lanes with Median 4. Town Centre Dr. (Denmark to Lexington) Overlay LOCAL STREET IMPROVEMENTS 1. Saddlehorn, Sunset Addition Overlay 2. Meadowland 1st, Beaver Dam Road Overlay 3. Suncliff 1st - 5th Overlay 4. Alexander Road Overlay 5. Meadowview Road Upgrade-36' 6. Silver Vell Road (Nicols to Kennebec) Overlay 7. Art Rahn (Kathryn Circle) Overlay 8. Hillandale (Meadowland Road) Overlay 9. Whispering Woods Additions, Slater Acres Overlay 10. O'Leary Lane Overlay 11. Golfview Drive Overlay SEALCOAT 415,382 square yards Surface Maintenance INTERSECTION IMPROVEMENTS 1. Yankee Doodle Rd.@Promenade Ave. Signal, New 2. TH 55 @ Blue Water Road Signal, New 3. Lexington Avenue / Northview Park Road Signal, New 4. Cliff Road ! Galaxie Avenue / Blackhawk Road Signal Revision 5. Diffley @ Rahn Signal, New ~6 LOCATION DESCRIPTION STREETLIGHTS 1. Northview Park Rd. & Clinton Tr. Upgrade 2. Northview Park Rd. & Savannah Rd. Upgrade 3. Northview Park Rd. & Braddock Tr. Upgrade 4. Northview Park Rd. &Elrene Rd. Upgrade 5. Elrene Rd. & Bridle Ridge Rd. Install 6. Daniel Dr. & Curry Tr. W. Upgrade 7. Daniel Dr. & Curry Tr. E. Upgrade 8. Daniel Dr. & Rogers Ct. Install 9. Kensington Tr. & Lexington Ave. Upgrade 10. Deerwood Dr. & Church Driveways - Z each Upgrade 11. Lane Oak Pkwy. & Northwest Pkwy. Upgrade WATER TRUNK DISTRIBUTION NONE ANTICIPATED WATER SYSTEM OPERATON 8~ FACILITERIS 1. Pull & inspect Wells #6 & #5 & #10 Rehabilitation 2. Lexington/Diffley Reservoir Repaint SANITARY SEWER TRUNK CONVEYANCE NONE ANTICIPATED SANITARY FACILITIES & OPERATIONS 1. Lining for root and I & I - 5000 ft @ 25 per ft. STORM TRUNK CONVEYANCE NONE ANTICIPATED STORM FACILITIES & OPERATIONS NONE ANTICIPATED G:TGCIP'0610/Proposetl 20061mpmvemeMs a~ Agenda Information Memo June 7, 2005 I. WINTER TRAIL MAINTENANCE PROGRAM (2005-2006) ACTION TO BE CONSIDERED: Approve the Winter Trail Maintenance Program for 2005-2006. FACTS: • In 1998, the City implemented a comprehensive Winter Trail Maintenance Program providing for the snow removal of approximately 50% of the City's transportation trail system (adjacent to collector/arterial streets). • Part of that program included a policy that included, among other things, a schedule for Council review and possible revisions to the most current adopted plan. In 2003, the Council amended its Policy to require that all future requests be reviewed by the Council at the first available work session after April 1St of each year before giving formal consideration at a regular Council meeting. • At the May 10 Council workshop, with no formal requests received, the Council considered an option presented by staff for Additional Consideration (AC). As a result of that discussion, the following action was taken: • AC #1 -South side of Yankee Doodle Rd from Elrene Rd. to Argenta Trail (Co. Rd. 63) in Inver Grove Heights. This addition of this segment was not approved, but directed for reconsideration after the trail is completed along TH 149 (est. 2007). ATTACHMENTS: • Location map for AC #1, enclosed on page ~. a~ Plowed in 2004-2005 Clt~ of E~~~ll Additional Consideration #1 / 1 D 1250 2.SOD 3,75D S,ODD Feel N Date: 4/29/05 Prepared by. Cify of Eagan Street Dept, CM File: La..lcmistn;efslfrailslplowrtes18x11_r~ute_ cvnsidera6ons 05 O6.mxd ~9 /~' Winter Trail 8~ Sidewalk Maintenance Route Considerations for 2005-2006 Agenda Memo June 7, 2005 J. OAK HILLS CHURCH ADDITION (LOT 1, BLOCK 1) EASEMENT VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate public drainage and utility easements and schedule a public hearing to be held on July 5, 2005. FACTS: • On May 16, 2005, City staff received a petition from Paul Danielson, representative of Oak Hills Church, requesting the vacation of a portion of the existing drainage and utility easements on Lot 1, Block 1, Oak Hills Church Addition, southeast of the intersection of Yankee Doodle Road and Coachman Road. • Drainage & utility easements were dedicated over Pond CP-1 (as designated in the City Storm Water Management Plan) as part of the Oak Hills Church Addition plat to provide for flood storage for large runoff events. • The request is to vacate a portion of these easements in the southwest corner of the lot to provide area for possible subdivision of the property. Oak Hills Church wishes to vacate the easements to provide area to create two single-family lots near Coachman Road. • The request would vacate the existing easement over Pond CP-1 in the southwest corner of the property to 3 feet above the calculated 1 % rainfall event pond level. • Notices will be published in the legal papers and sent to all potentially affected and/or interested parties for comment prior to the scheduled public hearing. ATTACHMENTS: • Location Map, page ,,3 ~ . • Petitioner's Letter, page,,,,, and ~. 30 v Lot 1, ck 1, Oak Hills Church 5/18/05 Proposed Easement Vacation Location City of Eagan May 13, 2005 Mr. John Gorder City of Eagan Engineering Department 3830 Pilot Knob Road Eagan, MN 55122-1897 Re: Oak Hills Church Petition to Vacate Utility Easement Dear Mr. Gorder: On behalf of the Oak Hills Church we are submitting a petition to vacate a drainage and utility easement. Oak Hills Church is proposing to develop two single-family residential homes on their current 7.09 acre parcel. An application for a Comprehensive Guide Plan Amendment was submitted previously to the City of Eagan Planning Department. Based on their review, it was determined that this petition to vacate the existing drainage and utility easement that encumbers the property must be processed before the Guide Plan amendment can be considered Oak Hills Church received approval in 1997 to construct a church on a 7.09 acre parcel located at the southeast corner of Yankee Doodle Road and Coachman Road. The parcel was previously guided for medium-density residential development. The church development occurs on the north half of the property. The remaining parcel is generally comprised of wetlands. However, there is a non-wetland area along Coachman Road particularly in the southwest corner of the 7.09 acre parcel. This area abuts an existing single-family residential development to the south. This is the area that we are proposing the lots would be located generally east of the existing maintenance facility access to Coachman Road. When the property was platted for the church project, a drainage and utility easement was provided over the entire south portion of the property. The majority of the area is wetland and is part of the City's storm water management system. The area proposed to be vacated is the southwest corner of the property where the two residential lots would be constructed. The limits of the drainage and utility easement is based on maintaining a drainage and utility easement over the wetland area including all portions of the proposed lots lying three feet below the high water elevation of the wetland. Based on information provided by you, it is our understanding that the high water level is 832.2. We have maintained the drainage and utility easement to a minimum elevation of 835.2. 3a- Mr. John Gorder May 13, 2005 Page 2 of 2 The following information is being submitted: 1) Petition to Vacate Form 2) Application Fee of $300 3) Legal Description of the property to be vacated 4) Sketch of the property to be vacated Please review the information and let us know if you have everything you need for this submittal. Please call me at 651-643-0407 if you have any questions or need additional information. Thank you for your consideration. Sincerely, Oak Hills Church ~~~ Paul B. Danielson Building Committee Member C: Pastor Rod Carlson, OHC 33 Agenda Information Memo June 7, 2005 K. PROJECT 922, LONE OAK DRIVE/LONE OAK PARKWAY (WATERS AREA)- SIDEWALK IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the draft feasibility report for Project 922 (Lone Oak Drive/Lone Oak Parkway (Waters Area -Sidewalk Improvements) and schedule a public hearing to be held on July 5, 2005. FACTS: • On March 23, 2005, city staff received a petition from Joseph Conti, representing CSM Corporation, requesting the installation of sidewalk within areas of the Waters Corporate Center, north of Lone Oak Road and east of Trunk Highway 149. • On April 5, 2005, the City Council received CSM's petition and authorized the preparation of a feasibility report identifying the scope, cost, schedule and method of financing the new sidewalk construction along Lone Oak Drive and Lone Oak Parkway. • A draft feasibility report has been completed consisting of sidewalk along Lone Oak Drive and an alternate for the construction of sidewalk along Lone Oak Parkway. • An informational neighborhood meeting will be held with the adjacent property owners prior to the Public Hearing to review and discuss the proposed improvements. ISSUES: • A significant amount of assessable frontage is adjacent to the United States Postal Service (LISPS) Regional Facility Service Center on Lone Oak Parkway. The City does not have any authority to assess this property without their consent. It should be noted that the LISPS was not one of the petitioners. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. 3 5` Agenda Information Memo June 7, 2005 L. CONTRACT 04-04, LEXINGTON AVENUE STREET & TRAIL IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 2 to Contract 04-04 (Lexington Avenue, Lone Oak Road to TH 55 -Street & Trail Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 04-04 provides for the reconfiguration of the TH 55/Lexington AveBlue Gentian Road intersection as part of the rehabilitation of Lexington Avenue (County State Aid Highway 43) between TH 55 and Lone Oak Road. • City staff has been successful in securing Cooperative Agreement funding through MnDOT for the portion of the contract for the reconfiguration of the TH 55 intersection. • On May 12, 2005, MnDOT staff informed the project engineer of a safety concern with the MnDOT approved plans regarding the new construction of the intersection approach of Blue Gentian Road with TH 55. City staff has worked with the contractor and MnDOT to enable the resolution of this concern as part of this contract. • Also, at the time of bidding this contract, a MnDOT resurfacing project was being completed on TH 55. In order to attain the best final product due to the City's anticipated work within the intersection of Lexington Avenue and TH 55, it was agreed that the City's contractor would complete the surface overlay in the intersection. MnDOT's contractor stopped short of the agreed construction limits, increasing the area of work associated with completing the City's contract. • This change order provides for the following: o Removal of Right-Turn Island & Traffic Signal Modifications, in accordance with MnDOT's request to address traffic safety concerns. (ADD $9,385) o Additional mill & overlay with associated striping and pavement markings, to address the MnDOT contractor's failure to complete work to the agreed upon limits. (ADD $24,876) o Revision of the Completion Date is required in order to give the City's contractor adequate time to perform the additional work being requested as part of the change order. The Final Completion Date would be extended from June 15 to June 30, 2005. • The cost of the additional work is consistent with bid prices received for relevant bid items on other projects within the city and metropolitan' area. The time extension is adequate for the completion of the additional work requested. • The change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. • The change order provides for a cost increase of $34,260.85 (2.66% of original contract). 100% of the increased cost would be financed through the Cooperative Agreement funding from MnDOT accordingly. 35 Agenda Information Memo June 7, 2005, Eagan City Council Meeting APPROVE CHANGE ORDER # 2, FOR CONTRACT OS-05, CASCADE BAY REPAIRS ACTION TO BE CONSIDERED: To approve change order # 2 to Contract #05-05, Cascade Bay Pool Repairs in the amount of $53,384. FACTS: • Change order number 2 is being recommended for approval after review by the consulting engineer and staff. • All of these changes are a result of additional work identified after repair work began. • The repair work is expected to be included as additional damages in the current arbitration proceedings. • Because of the magnitude of repairs that have been discovered since the repair work began, the scheduled opening date of Cascade Bay has been modified. • The original contract was awarded for $380,255 and now totals $468,334. #007 Repair cracked wall sections in the lazy river $ 1,655 Repair the exposed waterstop at the floor/wall intersection #008 (g4.5 I.f @ $170/lineal foot) 16,065 Repair of the control and expansion joints in the leisure pool. This is for 189 linear feet in addition to what was #009 originally included in the original bid. 7,560 (189 I.f. @ $40/lineal foot) Sound all waterline, lane line, target and step accent tile. Remove all the and setting material and prepare substrate #010 and replace the as specified and approved by engineer. 2,480 Repair concrete voids surrounding handrail anchors and "air rapids° in lazy river. Install 2-6" long threaded rods with #011 90 degree bend into sound concrete and reform floor/step. 444 (6 @ $74) Sawcut a groove below coping stones to create ajoint'/2" #012 maximum by 3/4" deep. n/c Replace coping stone setting bed where deteriorated and repair per engineer's specifications. #013 (284.5 I.f. @ $90/lineal foot) 25,605 #001 Estimated 23 lineal feet.- Actual 53 I.f. @ $200 5,400 Corrections #004 Estimated 61 lineal feet -Actual 91 I.f. @$15 450 to C.O. #1 #005 Estimated: $4620 -Actual $4272 -380 #006 Estimated: 161 lineal feet -Actual 95.5 I.f. @ $90 -5,895 36 Agenda Information Memo June 7, 2005 Special City Council Meeting ~. AUTHORIZE ADVERTISEMENT FOR REQUEST FOR PROPOSALS FOR WATER QUALITY MANAGEMENT PLAN UPDATE ACTION TO BE CONSIDERED: To authorize staff to advertise for Request for Proposals for the Water Quality Management Plan update. FACTS: • In January and February, 2005 the Natural Resources Subcommittee and the APrC considered the possible development of a wetland protection and management plan for the City, which would result in local ordinance. This ordinance would be in lieu of the Minnesota Wetland Conservation Act. • On April 26th,the City Council reviewed the preliminary recommendation of the APrC and gave staff direction to proceed with a Request for Proposal to solicit bids for a Comprehensive Wetland Protection and Management Plan (CWPMP). • The CWPMP will provide alternative standards for wetland management, based on specific needs and priorities of the City, but also must meet or exceed requirements of the Wetland Conservation Act. • A completed CWPMP will also provide up-to-date information to other planning and policy efforts that are imminent in the future at city and watershed scales such as the Water Quality Management Plan • Staff was directed to bring back the draft RFP and any additional information to the Council regarding the comparative advantages and disadvantages of a local ordinance in lieu of the Minnesota Wetland Conservation Act. • That information was provided to the Council at their May 31 workshop along with details of how the CWPMP would be incorporated within the structure of the Water Quality Management Plan. • The current Water Quality Management Plan is 15 years old. The RFP addresses citywide issues of surface water quality management and incorporates relevant work items for a state-of--the-art update of the plan for 2006 to 2020. • By incorporating the full spectrum of work tasks that appear to be necessary to complete the overall updates, the City has enhanced flexibility to choose how best to proceed with any (or all) of the options. ATTACHMENTS: • Draft RFP is attached on pages REQUEST FOR PROPOSALS WATER QUALITY MANAGEMENT PLAN UPDATE JUNE 2005 SECTION 1: GENERAL INFORMATION Contract Administration All correspondence regarding this request for proposals (RFP) and submitted proposals must be addressed to: Eric Macbeth Water Resources Coordinator City of Eagan 3501 Coachman Point Eagan, MN 55122-1211. Acceptance of Proposal Contents The contents of this RFP and the consultant's project proposal will become contractual provisions if a contract is awarded. Failure of the selected consultant (Consultant) to meet these obligations may result in cancellation of the award. All information in the awarded proposal is subject to disclosure under provisions of Minn. Stats. Ch. 13 -Minnesota Government Data Practices Act. SECTION 2: WORK STATEMENT Introduction The Consultant will be responsible to prepare an updated, state-of--the-art water quality management plan (2006 WQMP) for the City of Eagan (City). The mission of the City's water resources program is to protect and improve natural, aesthetic, and recreational qualities of its lakes, ponds, and wetlands for enjoyment by local and regional residents. The objectives of this work are to build upon an already successful but out-of--date, 15- year-old water quality management plan (1990 WQMP), to consolidate and incorporate relevant policies, plans, and programs that have been instituted or developed since the 1990 WQMP, and to position the City to address efficiently and effectively the issues and needs of its surface water resources from 2006 through 2020. The 2006 WQMP shall be a comprehensive plan that is succinct and user-friendly. The City shall retain ownership of the completed plan, all supportive information, relevant 38~ DRAFT Request for Proposals, City of Eagan Surface Water Management Plan Update May 26, 2005, Page 2 of 7 data, and associated maps. The 2006 WQMP shall be developed in close collaboration with City staff including, but not limited to, the water resources coordinator. This RFP is outcome-based. It does not specify methods to address work items. Proposals shall provide explicit details as to how each of the nine (9) work items below will be addressed, with a not-to-exceed cost indicated for each. Work Items 1) Evaluate 1990 WQMP and make recommendations for revisions of the following components, if appropriate: a) Waterbody classification system; b) Management criteria~for each Waterbody classification; c) Water quality program policies and land development policies; d) Specific requirements of new land development projects; e) Public information and education program; f) Waterbody management prioritization system; g) Water quality monitoring program; h) Watershed specific recommendations; and i) Current funding mechanisms. 2) Evaluate and revise City's capabilities to model phosphorus loading and in-lake concentrations: a) Update/calibrate currently used PONDNET model; or b) Develop new, state-of--the-art model. 3) Develop state=of--the-art model to predict generation and transport of total suspended solids. 4) Develop state-of--the-art policies and requirements for land redevelopment, including retrofitted and low-impact development strategies. 5) Develop local comprehensive wetland protection and management plan, in accordance with Minn. Rules Ch. 8420.0650, that is fully integrated into the 2006 WQMP: a) Conduct Minnesota Routine Assessment Methodology for Evaluating Wetland Functions (MnRAM 3.0) in the Gun Club Lake watershed i) Provide data electronically formatted to integrate into City's geographic information system (GIS); b) Draft City wetland management ordinance; and c) Identify and prioritize wetland basins for restoration, replacement, and banking opportunities. 6) Draft comprehensive, 15-year (2006-2020), state-of-the-art capital improvement plan (CIP) and budget that will accomplish 2006 WQMP goals and objectives a) Consider existing Clean Water Partnership work plans for Fish and Schwarz lakes; b) Consider innovative approaches and best management practices for i) runoff reduction, infiltration, and storage 3R DRAFT Request for Proposals, City of Eagan Surface Water Management Plan Update May 26, 2005, Page 3 of 7 ii) reduction and mitigation of phosphorus loading; c) Develop policy for amending 2006-2020 CIP to address needs and issues not originally included; and d) Develop protocols for correcting stormwater treatment basins whose wet-pond volumes have been reduced by sediment. 7) Provide opportunity for public input and involvement in 2006 WQMP process: a) Coordinate no more than 6 meetings of a water quality task force (membership identified by City); b) Attend one (1) meeting each of the Advisory Parks Commission and the City Council to review and provide general information on the 2006 WQMP; and c) Attend one (1) meeting each of the Advisory Planning Commission and the City Council for final approval of the 2006 WQMP. 8) Establish procedures for activities related to 2006 WQMP document: a) Future amendments; and b) Review of other City plans for compliance. 9) Provide training to City staff on any models or other software used in the 2006 WQMP. Compliance Considerations Consultants shall provide proposals that ensure the 2006 WQMP duly complies with all relevant plans, guidelines, and controls including, but not limited to, the following authorities: a) Black Dog Watershed Management Organization b) City of Eagan and adjacent municipalities c) Dakota County d) Federal Emergency Management Agency e) Gun Club Lake Watershed Management Organization f) Lebanon Hills Regional Park g) Lower Minnesota River Watershed Management District h) Metropolitan Council i) Minnesota Board of Water and Soil Resources j) Minnesota Department of Health k) Minnesota Department of Natural Resources 1) Minnesota Department of Transportation m) Minnesota Environmental Quality Board n) Minnesota Pollution Control Agency o) United States Army Corps of Engineers p) United States Environmental Protection Agency q) United States Fish and Wildlife Service. Consultants shall provide proposals that anticipate the impact of the Minnesota municipal separate storm sewer system (MS4) permit program on City operations and include relevant details and costs in appropriate work items above. 7" ~ DRAFT Request for Proposals, City of Eagan Surface Water Management Plan Update May 26, 2005, Page 4 of 7 Consultants shall provide proposals that anticipate the impact of federal total maximum daily load (TMDL) regulations on City operations and include relevant details and costs in appropriate work items above. Documentation All maps and related data prepared for the 2006 WQMP shall provided in electronic formats that integrate into City's GIS. All documents and data sheets shall be prepared using current standard software. All input and output data files for hydrologic, hydraulic, and water quality models shall be provided electronically as well as hard copy, where appropriate. The Consultant shall work in close collaboration with City staff including, but not limited to, the water resources coordinator to choose suitable modeling software. SECTION 3: PROPOSALS The proposal shall contain the type of information summarized below. Additional information is acceptable as long as it is directly relevant to the work objectives of this RFP. Proposal Format The proposal shall follow the table of contents listed below. The following eight (8) sections of the proposal shall be separated by tabs: I. General Information II. Project Understanding III. Project Approach N. Proposed Project Team and Experience V. Schedule VI. Fee Quotation VII. Proposed Modifications to Scope VIII. Additional Information. A brief description of each section follows: I. Generallnformation General information and a brief history of the consultant's firm. Include similar information on principal sub-consultants, if any, proposed for the project. II. Project Understanding A summary of the consultant's understanding of the project. III. Project Approach Specific approaches, methods, and assumptions that will be utilized to accomplish each work item. Include information about quality assurance and document management. Describe the collaboration of City staff (water resources coordinator) and the consultant's project team. ~`/ DRAFT Request for Proposals, City of Eagan Surface Water Management Plan Update May 26, 2005, Page 5 of 7 IV. Proposed Project Team and Experience • Identify principal project team members and describe specific roles. Include team members and describe specific roles of any sub-consultants. Include one-page resumes of principal project team members, including field personnel. Provide a contact name and information for each of the RFP work items. • Describe relevant experience and provide information on at least three (3) reference projects completed in the last five (5) years. Include specific descriptions of team members' roles on reference projects. V. Schedule A proposed, detailed schedule for the 2006 WQMP from beginning to end, including breakdowns for each of the nine (9) work items. VI. Fee Quotation A not-to-exceed cost estimate for completion of the project. Include detailed estimates of number of work hours by each project team member on each work item. Include total cost estimate for each of the nine (9) work items. NOTE: The fee quotation will be used to estimate overall project costs and is the basis of contract negotiations. Please include the name and phone number of the person(s) authorized to negotiate a contract with the City. A single firm shall administer all provisions of a contract with the City. VII. Proposed Modifications to Scope Any modifications to the scope outlined herein the consultant believes are necessary to ensure compliance of the 2006 WQMP with statutes, rules and other requirements. These modifications and associated cost estimates shall be clearly identified in the proposal. The RFP outline of work items is for general guidance and may be modified as appropriate with City approval. VIII. Additionallnformation Other information the consultant believes to be directly relevant to the work objectives of this RFP, but not specifically requested. Submission of Proposal Consultants shall submit five (5) copies of the proposal for the evaluation process. One copy shall be unbound. Proposals must be addressed to: Eric Macbeth Water Resources Coordinator City of Eagan 3501 Coachman Point Eagan, MN 55122-1211 To be considered, proposals must be received no later than 12:00 p.m. on June 17, 2005. ~/~ DRAFT Request for Proposals, City of Eagan Surface Water Management Plan Update May 26, 2005, Page 6 of 7 SECTION 4: CONSULTANT SELECTION City staff will review and evaluate proposals on the following basis: • Consulting firm reputation and principal staff experience in surface water management planning, relevant regulations, wetland classification and management, and public participation; • Proposed approach; • Proposed schedule; and • Proposed costs. Following review of written proposals, City representatives may ask consultants to make oral presentations of their proposals. SECTION 5: TERMS AND CONDITIONS 1) The City reserves the right to contract only for portions of the plan update. Deletions of specific components, such as individual project meetings, will be at the discretion of the City. 2) If, for any reason, a firm is not able to commence the services in that firm's proposal within 30 days of the award, at its discretion, the City reserves the right to contract with another firm. 3) The City will pay the Consultant for services based on the not-to-exceed fee quotation approved in the proposal or agreed in negotiation. 4) The City shall not be liable for any expenses incurred by the Consultant prior to the signing of a contract including, but not limited to, proposal preparation, attendance at interviews, or final contract negotiations. 5) The proposal must be signed in ink by an official authorized to bind the Consultant to its provisions. The proposal must include a statement as to the period during which the proposal remains valid. This period must be at least 90 days from the date of the proposal. 6) The Consultant shall supply 40 copies (20 printed, 20 on compact disc) of the first draft report and associated maps and 75 copies (25 printed, 50 on compact disc) of the final report and associated maps as part of the contract. A cost per additional copy shall be furnished in the proposal. 7) The City shall retain ownership of all plans, maps, reports and data prepared under this proposal. The City may reproduce any or all portions of the WQMP at its discretion. 8) If, for any reason, the Consultant is unable to fulfill the obligations under the contract in a timely and proper manner, the City shall reserve the right to terminate the contract by specifying the date of termination in a written notice to the firm a minimum of 30 calendar days prior to the termination date. In this event, the firm shall be entitled to just and equitable compensation for any satisfactory work completed. 9) The City reserves the right to reject any and all proposals or to request additional information from any or all consultants. 10) The Consultant shall not assign or transfer any interest in the contract without prior written consent of the City. 11) The Consultant shall maintain comprehensive general liability insurance in accordance with Section 466.04 of the Minnesota Statutes. ~f 3 DRAFT Request for Proposals, City of Eagan Surface Water Management Plan Update May 26, 2005, Page 7 of 7 12) The Consultant shall defend, indemnify and hold harmless the City of Eagan, its officials, employees, and agents from any and all claims, causes of action, lawsuits, damages, losses, or expenses, including attorney fees, arising out of or resulting from the Consultant's (including its officials, agents, sub-consultants or employees) performance of the duties required under this Agreement, provided that any such claim, damages, loss, or expense is attributable to bodily injury, sickness, diseases, or death or injury to or destruction of property including the loss of use resulting there from and is caused in whole or in part by any negligent act or omission or willful misconduct of Consultant. 13) The Consultant shall enter into a contract with the City regarding the 2006 WQMP. The terms of the contract shall be agreed upon and the contract shall be executed prior to the Consultant commencing work on the 2006 WQMP. 14) The consultant contract shall be governed by the laws of the State of Minnesota. 15) Project summaries shall be submitted with each invoice during the course of the project. Each summary shall detail the amount billed to date, work items that need to be completed, the estimated costs to complete these tasks, and the projected timeline for the completion of the project. Invoices submitted to the City shall include a detailed breakdown of times, personnel, mileage, etc. chargeable for that period. 16) If the Consultant has prepared similar documentation for other clients and those documents are used in preparing this Surface Water Management Plan update, the City shall not be responsible for costs related to the preparation of the initial document. The City shall only reimburse for costs related to the updating of the document for incorporation into the 2006 WQMP. SECTION 6: REFERENCE DOCUMENTS Consultants shall contact Eric Macbeth to arrange to obtain the following City documents to assist in the preparation of proposals: • 1990 Water Quality Management Plan; • 1990 Stormwater Management Plan; • Storm Water Pollution Prevention Plan. ~~ Agenda Information Memo June 7, 2005 Eagan City Council O. FINAL SUBDIVISION (SWEET PLACE) -EPIC DEVELOPMENT ACTION TO BE CONSIDERED: To approve a Final Subdivision, Sweet Place, to create eight lots on approximately 5.75 acres located at 4725 S. Robert Trail in the NE %4 of Section 36. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: - The Preliminary Subdivision was approved December 13, 2004. - All documents and Agreements are anticipated to be signed and in order for execution at the regular meeting of the City Council. ATTACHMENT~(1): Final Plat, page ~fS ~KJ1 (IK 6 lK K 1/1. I 1~ IR I~ 1= R t k I I I \ W~ \~ ~t ~\ \ o-~~ ~ m '\' ; ~. ~ ~ x~ ~ SFC. X, MP. Il, R. iJ ~~r 6g ~~ i~ i F~i,6 / y° _~_ ~\ ~~ ~R ~ q ~~ ,~ ~~ F ~ ~ `~C.~ Y "~ \ ~[~ s ~~'Pq ~ ~ \ ~a ytl~.~ii~ ~LJ~ ~ \ a, f \ c . J4~ ~'W ~ ~F .\ t~ a \ F i' \ \ .''.r ~-?.. @ tt8 B ~ _~ ~ K \ 4 ~ I '~x " ~ Y ~~ ~~ o o~ ~ 4= d ~~ ~ n ~~ ~~~n~ .., ~~~ _ ~ o ° ~ °- _ ~~ ~ ~ z ~ ~ ~~ ~ ~ _ ~ g a T VL r o y --i D D ~r a ~6 Agenda Information Memo June 7, 2005, Eagan City Council Meeting P. APPROVE FINAL FINANCING PACKAGE FOR THE EAGAN COMMUNITY CENTER AND RELATED IMPROVEMENTS AND AUTHORIZE FUND TRANSFERS ACTION TO SE CONSIDERED: To approve the final financing package for the Eagan Community Center and related improvements and authorize fund transfers. FACTS: - In March of 2000 the City purchased the 60 acre site for Central Park. - In June of 2000 a referendum which authorized the development of a Community Center and Central Park was approved by Eagan voters. - In 2001 the bonds were issued to finance the construction of the Community Center and the development of Central Park. - Numerous partnerships were developed to assist in construction and in overall financing and the various related improvements have been completed. - The construction of each of the components has been approved by the City Council in various stages throughout the development. - The Community Center opened in the fall of 2003. - This City Council action acknowledges the summarized costs and financing sources and authorizes staff to make the necessary fund transfers to close out the project. - Per City Council direction the final costs include a funded Renewal and Replacement Account. The available funds for that account total $315,724. - The four attachments show sources and uses of funds beginning with a comprehensive accounting of the Community Center and Related Infrastructure and move toward more specific subsets of the overall project. The attachments end with the Community Center shown alone. Each statement shows the balance between sources and uses. ~~ ATTACHMENTS (4): - Enclosed on page ~~ is a copy of a Statement of Sources and Uses of Funds--Eagan Community Center and Related Infrastructure. - Enclosed on page ~~ is a copy of a Statement of Sources and Uses of Funds--Eagan Community Center and Central Park. - Enclosed on page~~ is a copy of a Statement of Financing Total Costs of the Community Center and Central Park by Funding Source that matches the total cost of each element of the project to its specific funding sources. This presentation shows the detailed uses of the proceeds of the bond sale. - Enclosed on page ~~ is a copy of the Sources and Uses of Funds--Eagan Community Center. ~i ~~ 23-May-05 Sources and Uses of Funds--Eagan Community Center and Related Infrastructure Sources of Funds: Original Bond Sale $ 15,100,000 ECVB-Lease Payments 270,000 ECVB-Direct Billing 9,659 Xcel Energy 52,080 Duke Weeks 54,399 Franchise Fees 96,532 Park Site Acquisition & Development 100,000 Eagan Rotary 116,945 Interest 126,816 Major Street Fund 2,086,935 Assessments 2,383,627 Public Utilities _ 595,697 Trunk Funds 154,903 $ 21,147,593 Uses of Funds: B - 2 Site $ 2,677,491 C - 2 Central Pkwy 5,674,263 D - 2 Pavilion/VUell House/Picnic Area 876,127 E - 2 Community Center Building 11,498,271 F - 2 Band Shell 371,441 G - 2 Gazebo 50,000 $ 21,147,593 49 23-May-05 Sources and Uses of Funds--Eagan Community Center and Central Park Sources of Funds: Original Bond Sale $ 15,100,000 ECVB-Lease Payments 270,000 ECVB-Direct Billing 9,659 Xcel 52,080 Duke Weeks 54,399 Franchise Fees 96,532 Park Site Acquisition ~ Development 100,000 Eagan Rotary 116,945 Interest 126,816 $ 15,926,431 Uses of Funds: B - 4 Site $ 2,667,311 C - 4 Central Pkwy 934,941 D - 4 Pavilion/Picnic Area 420,967 E - 4 Community Center Building 11,498,271 F - 4 Band Shell 354,941 G - 4 Gazebo 50,000 $ 15,926,431 SD 23-May-OS Financing of Total Costs of Community Center and Central Park By Funding Source 1 2 3 4 5 6 Financin g Total l3ond Other Cost Sale Description Amount Total B - 4 Site $ 2,667,311 $ 2,612,912 Duke Weeks $ 54,399 $ 2,667,311 C - 4 Central Pkwy 934,941 808,125 Interest 126,816 934,941 D - 4 Pavilion 420,967 370,967 PSA&D 50,000 420,967 E - 4 Building 11,498,271 11,070,000 ECVB -Lease 270,000 ECVB -Direct 9,659 Xcel 52,080 Franchise Fees 96,532 11,498,271 F - 4 Band Shell 354,941 237,996 Eagan Rotary 116,945 354,941 G - 4 Gazebo 50,000 PSA&D 50,000 50,000 $ 15,926,431 $ 15,100,000 $ 826,431 $ 15,926,431 ~/ 23-May-05 Sources and Uses of Funds--Eagan Community Center Sources of Funds: Bond Sale $ 11,070,000 ECVB-Lease Payments 270,000 ECVB-Direct Billing 9,659 Xcel Energy 52,080 Franchise Fees 96,532 $ 11,498,271 Uses of Funds: Fees Services and Charges $ 775,563 SAC/WAC ~ Permit Fees 40,290 Furniture/Fixtures/Equipment 812,755 Contracts 7,985,026 General Conditions 1,195,521 Capitalization/Bonding Costs 276,860 Cabling 96,532 Funded Reserve For Renewal & Replacement 315,724 $ 11,498,271 5a Agenda Information Memo June 7, 2005 Eagan City Council Meeting V. CONSENT AGENDA Q. APPROVE CONTRACT WITH WYLE LABORATORIES TO CONDUCT A BASELINE NOISE STUDY IN ADVANCE OF THE OPENING OF RUNWAY 17/35 ACTIONS TO BE CONSIDERED: To approve a contract with Wyle Laboratories to conduct a baseline noise study in advance of the opening of Runway 17/35 subject to City Attorney satisfaction. FACTS: D At the May 17, 2005 City Council meeting, the Council approved the hiring of Wyle Laboratories to design and implement baseline noise measurements in preparation for the opening of runway 17/35 at the Minneapolis - St. Paul Airport. - Negotiation has taken place between the City and Wyle Laboratories. - Per the direction of the Council at the May 7, 2005 City Council meeting, the contract stipulates that the study shall be completed at a cost not to exceed $39,500. ATTACHMENTS: - Enclosed on pages~throughs~ is the proposed contract between the City of Eagan and Wyle Laboratories. - Enclosed on pages ~ through ~ is the Statement of Work for the baseline noise study. S3 AGREEMENT BETWEEN CITY OF EAGAN AND WYLE LABORATORIES, INC. This Agreement made and entered into as of the _ day of June, 2005, by and between the City of Eagan, a Minnesota Municipal corporation (City) located at 3830 Pilot Knob Road, Eagan, MN 55122 and Wyle Laboratories, Inc. a Delawaze corporation (Consultant), with offices located at 128 Maryland Street, El Segundo, CA and 2001 Jefferson Davis Highway, Suite 701 Crystal Plaza, Arlington, Virginia 22202. ARTICLE I SCOPE OF SERVICES The City hereby retains Consultant to furnish professional services as set forth in Attachment "A" Statement of Work, (the "Project".) ARTICLE II TERM OF AGREEMENT Consultant shall commence work on the Project upon receipt of the written authorization of the City to proceed with the Project and shall continue said work until completion of the Project, unless this Agreement is terminated as provided herein. All work on the Project shall be undertaken and completed in such sequence as to assure its expeditious completion in light of the purposes of this Agreement. ARTICLE III COMPENSATION The City will pay Consultant the lump sum of $39,500.00 for performance of Consultant's professional services as set forth in Attachment "A", Statement of Work. Consultant shall submit invoices not more frequently than once each month, based on a percentage of task completed. Payment of said invoices shall be made by the City within thirty (30) calendar days of receipt of such invoice. The City and Consultant will use best efforts to promptly resolve any disputed Sy charges in a reasonable manner; provided that, in the event of non-payment of invoices within seventy-five (7S} days from the date of invoice, Consultant may, at its option, suspend its performance hereunder by giving City fifteen (15) days advance written notice thereof. In the event of such suspension, Consultant shall surrender to the City all completed work and work in process for which the City has paid. ARTICLE IV JOINT COOPERATION The closest collaboration and cooperation shall be maintained by Consultant with representatives of the City and such other consultants as the City may designate from time to time. The Ciry will be entitled at all times to be advised, at its request, of the status of the work performed by Consultant and of details thereof. The City shall furnish all information, data, reports, records and maps as are existing, available and in the custody of the City and necessary for the performance of the services provided for herein in a timely manner to Consultant without charge by the City. Additionally, the City shall cooperate with Consultant in every reasonable way during all phases of the Project, including the providing of assistance to Consultant in obtaining required information from third parties. ARTICLE V LAWS AND ORDINANCES This Agreement and all supplements hereto shall be governed by and construed in accordance with the laws of the State of Minnesota, Consultant shall comply with all present federal, state and local laws applicable to the rendering of the services provided for herein. Further, Consultant shall comply with all present and future rules and regulations of the City and any other governmental agency. ARTICLE VI TERMINATION For any cause whatsoever, or for no cause, the City shall have the right to terminate this Agreement or any Supplements hereto at any time upon thirty (30) days written notice to Consultant of such termination. Consultant shall cease or cause to be ceased all services or work upon those services rendered and work performed through the date of temunation, and shall 2 55 provide any and all finished or unfinished documents, data, studies, surveys. drawings, maps, photographs and reports prepared by the Consultant for the benefit of the City pursuant to this Agreement or any Supplement hereto as applicable upon payment therefore. Consultant shall have the right to terminate this Agreement only for substantial failure of the City to perform in accordance with the terms of this Agreement or any Supplement hereto. ARTICLE VII INSURANCE Consultant agrees to maintain in full force and effect during the term of this Agreement and to require that any subcontractors maintain the following insurance and to provide evidence of the same to the City prior to commencing the Project: (a) Comprehensive general liability insurance written on occurrence form including completed operations coverage, personal injury liability coverage, broad form property damage liability coverage, and contractual liability coverage insuring the agreements contained herein. The minimum limits of liability carried on such insurance shall be $1,000,000 per occurrence and, where applicable, in the aggregate combined single limit for bodily injury, property damage, and personal injury (wrongful acts). (b) Automobile liability insurance for non-owned and hired vehicles. The minimum limit of liability carried on such insurance shall be $1,000,000 each accident, combined single limit for bodily injury and property damage. (c) Workers' compensation insurance with statutory coverage and including employer's liability insurance. (d) Any and all deductibles on the above-described insurance policies shall be assumed by and be for the account of and at the sole risk of Consultant. (e) Contractor agrees to fiu~nish certificate(s) of the above-mentioned insurance to the City within fourteen (14) days from the execution of this Agreement and, with respect to the renewals of the current insurance policies, at least thirty (30) days in 3 56 advance of each renewal date. Such certificates shall, with respect to all policies, state that, in the event of cancellation or material change, written notice shall be given to the City, at least thirty (30) days in advance of such cancellation or change. (f) The purchase of the insurance required, or the furnishing of the aforesaid certificates shall not be a satisfaction of Consultant's liability hereunder or in any way modify Consultant's indemnification responsibilities to the Customer. ARTICLE VIII STANDARD OF CARE Consultant warrants that all service performed under this Agreement will be performed according to the statement of work authorized by the City and as set forth on Attachment "A" hereto. Consultant will perform such services consistent with the level of care and skill ordinarily exercised by other professional Consultants under-similar circumstances at the time the services are performed. ARTICLE IX HOLD HARMLESS Consultant shall protect, defend, indemnify and hold the City and its City of Directors, officers and employees harmless from and against any and all liabilities, demands, suits, claims, Iosses, fines or judgments arising by reason of the injury or death of any person or damage to any property including all reasonable costs of investigation and defense thereof (including but not limited to attorney's fees, court costs and expert fees) arising out of the acts of Consultant, Consultant's officers, employees, agents, contracts, subcontractors, licensees, or invitees regardless of where the entry, death or damage may occur; unless such injury, death or damage is caused by the sole negligence of the City, its Board of Directors, officers or employees. The City shall give Consultant reasonable notice of any such claim or action. Consultant, in carrying out its obligations under this paragraph, shall use counsel reasonably acceptable to the City. The provisions of this Article shall survive the expiration or earlier termination of this Agreement. 4 s~ ARTICLE X MISCELLANEOUS A. Notices. All notices, requests, demands or other communications hereunder shall be in writing unless otherwise noted and shall be deemed to have been duly given if delivered in person, or deposited in the United States mail, postage prepaid, certified, with return receipt requested to the City of Eagan, Attention: Dianne Miller 3830 Pilot Knob Road, Eagan, MN 55122 or to Wyle Laboratories, Inc. Attention: Lloyd E. Kosanke 128 Maryland Street, El Segundo, California 90245. Either party hereto may change the address at which it receives written notice by so notifying the other party hereto in writing. B. Effect of Partial Invalidity. Should any section, or any part of any section of this Agreement be rendered void, invalid or unenforceable by any Court of competent jurisdiction for any reason, such determination shall not render void, invalid or unenforceable any other section or a part of any section of this Agreement. C. Integration. The drafting, execution and delivery of this Agreement by the parties have been induced by no representations, statements, warranties or agreements other than those expressed herein. This Agreement embodies the entire understanding of the parties, and there are no further agreements, or understandings, written or oral, in effect between the parties relating to the subject matter hereof unless expressly referred to herein. To the extent there is a conflict between the terms of this Agreement and the terms provided in the proposal, the terms of this Agreement shall govern. D. Modification. This Agreement and any Supplement hereto may not be modified unless such modification is in writing and signed by both parties to this Agreement. 5 s s' E. Waiver of Rights by City. Neither any failure nor any delay on the part of the City in exercising any rights, power or privilege hereunder, or under any document or instrument delivered or executed pursuant hereto, shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any right, power or privilege. F. Headings. The headings in this Agreement are for the purpose of reference only, and shall not limit or otherwise affect any of the terms thereof. G. Assignment. Consultant hereby agrees that this Agreement shall not be assigned without the written consent of the Ciiy. H. Authoritative Client Direction. Consultant shall take direction from the City Administrator or his designee. I. Binding Effect. This Agreement shall be binding on and inure to the benefit of the City and Consultant, each of their successors and assigns. City of Eagan Wyle Laboratories, Inc. BY: BY: Pat Geagan Loyd E. Kosa~rl e Its Mayor Contracts Manager sy: Maria Karels Its Clerk 6 59 Atachment A Statement of Work Noise Study for the City of Eagan, Minnesota May 31, 2005 1. Project Goals The new north-south runway at Minneapolis-St. Paul International Airport (MSP), Runway 17/35, is projected to open in October, 2005. Runway 17/35 is predicted to handle 37% of all departures and 16.5% of all arrivals at MSP. The City of Eagan is one of the jurisdictions over which the new runway flight corridor will pass. The west side of Eagan will experience a noticeable increase in environmental noise once the new corridor is in use. The first goal of this noise study is to provide the City of Eagan with a comprehensive description of the existing "baseline" noise environment throughout the community. Wyle will accomplish this task by measuring the noise levels at many locations in the community for a sample time period before the new runway opens. Wyle will also conduct noise measurements at the locations of some of the Metropolitan Airports Commission's (MAC) permanent noise monitors. These measurements will be compared to the permanent noise monitor data provided by MAC. The second goal is to more completely model and analyze the future noise impact of Runway ]7/35 on the City of Eagan, and communicate these results effectively. Wyle will provide a detailed breakdown of noise exposure throughout the study area using the DNL metric and two supplemental metrics described below. Wyle's innovative software will be used to investigate many representative locations identified jointly by City officials and Wyle. Wyle will analyze the forecast quantity and duration of aircraft operations which exceed selected sound level thresholds at selected grid points. Wyle has designed a complete noise study, which will meet the technical requirements and budgetary constraints of the project. The details of the test plan will be discussed and finalized with City officials, and the project schedule will then be finalized. In addition, a study area which encompasses primarily the west side of Eagan will also be established. 2. Noise Monitoring The purpose of noise monitoring is to measure noise levels throughout the City, and document the existing "baseline" noise environment in the absence of regular aircraft operations. In addition, some of the measured noise levels will be compared to those reported by the permanent noise monitors installed by the Metropolitan Airports Commission (MAC). In the future, noise monitoring may again be conducted at these same sites, to quantify the change in noise levels from Runway 17/35 operations. 2.1 Field Work The noise monitoring study will document "community" sound levels at specific sites caused by all sources of noise, such as aircraft, automobiles, trains, lawnmowers. The noise monitoring study will be conducted during 7 consecutive days in June, 2005. A total of ten portable noise monitors will be located in the community in fixed locations. One additional portable monitor will be briefly installed near several of the permanent MAC noise monitor locations, to show that their monitors are accurately calibrated and the data they are collecting is reliable. The monitor locations will be selected by City officials with guidance from Wyle. City staff shall obtain permission from private property owners to locate noise monitors on private property. A Wyle acoustical engineer will be present in the community throughout the monitoring period. On the first day, the engineer will set up the noise monitors and distribute brochures to the residents who live near the monitors. A City employee or designee will assist with locating and the set-up of the ten monitoring sites. The engineer will determine specific locations which are secure, unobstructed, and relatively quiet. Within these constraints, the engineer will 7 ~o place monitors as close as possible to the Iocations the City selects. The noise monitoring study will continue for seven consecutive days. The portable noise monitors will measure and save the outdoor sound level every second throughout each day. The monitors measure sound levels from all sound sources present in the area, but they do not record sounds; therefore, individual privacy is not at risk. During the noise monitoring period, a portable monitor will be installed near several of the permanent MAC noise monitor locations, and sound levels will be measured for several hours. The engineer will measure sound Levels near most of the eight permanent monitors located in the study area. Each day the engineer will visit each of the ten fixed monitors to download sound level data, check the monitor calibration and clock, and observe and document common noise sources and weather conditions. The engineer will also be available to hold a meeting with City officials and/or community members to discuss in greater detail the project goals, methodology, and general noise study information. After the completion of the seven-day period, the engineer will spend one day removing the portable monitors. 2.2 Analysis The measured one-second sound levels will be used to calculate the following time-averaged noise metrics for each of the ten portable monitors: hourly equivalent sound level (Leq), hourly and daily percentile-exceeded sound level (Ln), and Day-Night Average Sound Level (DNL or Ldn). In addition, hourly weather data will be obtained, and sound levels during weather events will be investigated. Since the ten noise monitors will be located in azeas where aircraft overflights do not regularly occur, no analysis will be done on the measured sound levels of single events. In the absence of aircraft noise events, there is no need to analyze measured sound levels to calculate single-event metrics such as SEL, Lmax, number of events (NA), or time above (TA). For the same reasons, radar tracking data will not be analyzed. This is consistent with the MAC noise website, which only reports "community" sound levels (average sound levels due to all noise sources) at the new permanent monitor sites in the study area. Sound level data from the MAC permanent noise monitors will be obtained from airport staff. These sound levels will be compared to those measured using our portable monitor during the time periods when it is installed at a given permanent monitor. MAC has agreed to provide all data measured by their eight monitoring systems in Eagan, which will allow for a detailed analysis. 3. Grid Point Analysis In addition to conducting field measurements, Wyle will use the Integrated Noise Model (1NM) to model the DNL, Number-of-events Above (NA) and Time Above (TA) values for the eight permanent sites and ten temporary sites in the study area. An additional 20-25 points of interest in the study area (selected by the City of Eagan) will also be modeled in this manner, for a total of about 40 points. 3.1 Definition The points of interest and temporary monitor sites will be selected by the City of Eagan and other stakeholders the City wishes to include in this process. Wyle will assist in this process to help assure that all poientia] stakeholder concerns are considered. The points will be plotted on a large map or aerial photo of the study azea. The map and/or aerial photo will be used by Wyle to present the results of the noise monitoring and grid point analysis. The Wyle GIS team will coordinate with the City of Eagan GIS personnel to exchange digital information in the form of shape files and/or aerial photography. Wyle will then create a background map to be used throughout the analysis, Wyle will use the INM input files used to produce the 2007 Draft Mitigated DNL Noise Contours to conduct this analysis. Officials from MSP have assured Wyle that all of their source data will be available to Wyle, The grid point analysis will be carried out concurrently with the noise monitoring study. We will request the 1NM input files from MSP immediately after beginning work on this project. As soon as the grid points have been selected, the grid point analysis will begin. 6/ 3.2 Analysis As mentioned above, Wyle will compute the DNL, and the TA and NA projections for selected threshold levels for every grid point using the 2007 INM study input files. The threshold sound levels will be selected to show the decrease in operations at increasingly higher noise levels. Results will be shown in tablular format for the maximum sound level (Lmax) for the selected thresholds which will range from a floor level of 60 decibels dB to 90 dB or higher in 5 dB increments. 4. Report and Presentation Wyle will compose a report detailing the definition, methodology, and results of the noise monitoring study and the grid point analysis. The report will include detailed explanations of project goals, study design, acoustics temlinology, tables and maps presenting measurement and analysis results, and a detailed discussion of the results. The noise monitoring section of the report will fully describe the monitoring program, including a map of the locations of all monitor sites, explanations in lay terms of noise metrics used, tables showing the results for each site, tables showing the sound levels of observed noise sources, and a discussion of weather conditions and equipment performance. The grid point analysis section of the report will explain DNL and the supplemental metrics, TA and NA, why they were selected, and how to interpret the results, and results of the analysis of each point in tabular and graphic form. The draft report will be submitted in accordance with the schedule to be agreed upon by Wyle and the City of Eagan. Once the City has commented on the draft3, Wyle will produce the final report. Wyle representatives will then travel to Eagan to make a presentation of the report to the City, and to community members, during the same trip. 9 6~ Agenda Information Memo June 7, 2005 City Council R. FINAL PLAT (MCDONALD'S ADDITION) - MCDONALD'S CORP. ACTION TO BE CONSIDERED: To approve a Final Plat (McDonald's Addition) to create one lot on approximately 1.24 acres upon property located at 1995 Silver Bell Road in the SW 1/0 of Section 17. REQUIRED VOTES FOR APPROVAL: Majority of Councilmembers present FACTS: - This Final Plat involves a single parcel platted into one lot upon existing boundaries. - A Conditional Use Permit was recently approved for a new McDonald's restaurant on this site. Platting of the property was one of the conditions of approval of that CUP. ATTACHMEN'>~S {1): Final Plat, page 63 O O O rQ vJ 9 a a ~n cg ~ ~ ., ~ti d ~~ ~ ~ i L m~ a 3 ~~~T---~ V s ry i ~~ ¢~ i _--_I _-_~ ~ ~ I ~ a ~~s ~ ` ` a~ ~c;. ~ ~ ~ Z •" W~ ~ I L---~- p ~~b ~' ~ ~ ~~ .g O F ° m ~ ~~~;`~ I J ~<< t=~- I o ~~~; ~ ro•iri ~,us~as _ .l-_.- 71 ~-------------;- '~ ~> ~ [I 7A '~ LOl 1N?1xx3~00 IO ~ V\~ _ / ]XIl Lflx Ml NINI l3TYW~ ]M~•~ ~~ I x •~ ~~ ~ /// ~ I \Il ~ ~y / y2 ~/ 2? ~~`~ TS$ ~~ ~M16 // ,;~ ~'~ Q'~'l0 ~ ' ~ ~ w ~ \ \\ \ \ / / a `'mot' - i ~ ~_ 6 \\ ~ A \ g '``s I" VL7 'i` '' 'alp ~P \ •\. \ ~y~'o~ ~'!. ``tom ~~~\~.~\ \ ~ I i \\\ \ ~ ~ o, .,,,~ - mm ---~ ~ ,~~ \ s \ ~ -~ ~a t poi Lxnxx3nm ea am Lsar- - T L _/ `~ ~il' q i ~= (x3v seznJ _.. I~fIX l„(I.SgM _ b~ U-D: vir i v iC i~ vii Jv i~~ii~y ivvi~ri i~ -.. r _ :. Agenda Information Memo June 7, 2005 Special City Council Meeting S. APPROVE THE INSTALLATION OF A 24' PICNIC SHELTER AT WESCOTT COMMONS PARK AS PART OF THE 2005 PARKS CIP ACTION TO BE CONSIDERED: To authorize staff to proceed with the installation of a 24' picnic shelter at Wescott Commons as part of the 2005 Parks CIP. FACTS: • In a joint meeting with the APrC on April 26, the City Council reviewed 2005 Park CIP projects. • A decision regarding the inclusion of a sun shelter for Wescott Commons Park was postponed pending staff discussion with the Wescott Commons Owners Association regarding a financial contribution towards the project. • At the Wescott Owners Association meeting in May the owners agreed to contribute 20% of the cost of the project (up to a maximum of $6,000), payable over the next five years. The association has already submitted a check for $1,200 for the 2005 contribution. • Revised cost estimates fora 24 foot picnic shelter came in at approximately $20,000. • The City Council reviewed the details of the cost sharing and proposed building at their May 31 workshop. • The shelter building will be funded through the Park Site Fund along with the contributions from the Wescott Owners Association. ATTACHMENTS: None 6~ Agenda Memo June 7, 2005 Regular City Council Meeting CONSENT T. 2005-2006 Massage Therapy Establishment License Renewals ACTION TO BE CONSIDERED: Approve license renewals for existing massage therapy establishments subject to submittal of all application material, payment of fees, and review by staff. FACTS: • The City currently has eleven (11) massage therapy establishments. • The license renewals are in the process of completion and should be approved subject to review of all applications by staff and payment of fees. ATTACHMENTS: • None 66 Agenda Memo June 7, 2005 Regular City Council Meeting CONSENT U. 2005-2006 Amusement Device License Renewals ACTION TO BE CONSIDERED: Approve license renewals for existing Amusement Device Licenses subject to submittal of all application material, payment of fees, and review by staff. FACTS: • The City currently has six (6) active amusement device licenses which operate devices in 20 establishments throughout the City. • The license renewals are in the process of completion and should be approved subject to review of all applications by staff and payment of fees. ATTACHMENTS: • None 6~ Agenda Information Memo June 7, 2005, Eagan City Council Meeting VII. NEW BUSINESS A. CONDITIONAL USE PERMIT -SUE AND JOHN KORTH ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Conditional Use Permit to exceed the maximum 25% impervious surface requirement by 7%for an in-ground pool for property located at 3848 Big Timber Trail; subject to the conditions in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: - The existing impervious coverage on the subject lot is 26%. - The existing building coverage is 16%, R-1 allows for 20% building coverage. - The subject site is located within the Shoreland Overlay of Bald Lake. - The Shoreland Overlay district restricts impervious surface to a maximum of 25%for a general development lake. - The applicant proposes to install an in-ground pool with a 967 square foot concrete apron. The concrete apron is calculated in the impervious surface calculation. - The subject lot does not drain directly into Bald Lake there is a drainage pond for treating runoff. - The Advisory Planning Commission held a public hearing on May 24, 2005 and is recommending approval. 60 DAY AGENCY ACTION DEADLINE: June 19, 2005 ATTACHMENTS (2): Advisory Planning Commission Minutes on page ~"' / ~ Staff report on pages _~[__through ~d 68 City of Eagan Advisory Planning Commission Meeting Minutes May 24, 2005 Page 3 V. PUBLIC HEARINGS New Business A. John & Sue Korth Applicant Name: John & Susan Korth Location: 3$48 Big Timber Trail; Lot 19, Block 1, Gardenwood Ponds 4th Application: Conditional Use Permit A Conditional Use Permit to exceed the 25% maximum impervious surface allowed for shoreland overlay of Bald Lake. File Number: 23-CU-07-04-OS Planner Cartney introduced this item and highlighted the information presented in the City Staff report dated May 6, 2005. She noted the background and history. Chair Heyl opened the public hearing. There being no public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Chair Heyl asked Assistant City Engineer 7ohn_Gorder if everyone in the area increased their impervious surface to 32%, would it cause excessive drainage to the nearby pond. She asked if it would be wise to add drain the to guide water towards the pond as a condition of approval. Assistant City Engineer J ohn Gorder explained. that if every lot increased their impervious surface to 32`%, it would increase the drainage to the pond by about 5%. He stated it would be wise to require drain the to-guide the water to the pond before the lake. She asked the applicant if she would object to an additional condition stating: The applicant shall install and maintain a drain the system, in a manner acceptable to the City Engineer, to :direct the drainage to the nearby drainage pond. Susan Korth stated she would not object to the additional condition. She discussed the landscaping in the backyard installed to assist with runoff and the aesthetics. A neighbor who was present stated support for the proposal. Member Matthees stated general concern for large increases in impervious surface, such as this. Member Hansen moved, Member Bendt seconded a motion to recommend approval of a Conditional Use Permit to exceed the maximum 25% impervious surface requirement by 7 % for an in-ground pool for property located at 3848 Big Timber Trail in the NE'/< of Section 23, subject to the following conditions as amended: 69 City of Eagan Advisory Planning Commission Meeting Minutes May 24, 2005 Page 4 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The impervious. surface can not exceed 32%. 3. The applicant shall install and maintain a drain file system, in a manner acceptable to the City Engineer, to direct the drainage to the nearby drainage pond. All voted in favor. Motion carried 6-0. '70 PLANNING REPORT CITY OF EAGAN REPORT DATE: May 6, 2005 APPLICANT: Susan and John Korth PROPERTY OWNER: Same REQUEST: Conditional Use Permit CASE: 23-CU-07-04-OS HEARING DATE: May 24, 2005 APPLICATION DATE: Apri120, 2005 PREPARED BY: Sheila Cartney LOCATION: 3848 Big Timber Trail COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R-1, Single Family Residential SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to exceed the maximum 25% impervious surface coverage in a shoreland.overlay district for property located at 3848 Big Timber Trail in the NE %4 of Section 23. The applicant is proposing to install an in ground pool, the apron around the pool is calculated in impervious surface coverage. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property ~i Planning Report -Korth CUP May 24, 2005 Page 2 values within the neighborhood. 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glaze or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND/HISTORY The subject site is platted as Lot 19, Block 1, Gardenwood Ponds 4th Addition. The subject house was built in 2000. EXISTING CONDITIONS The property contains a single family house with an attached three stall garage. The lot is 14,396 square feet in area. The parcel is located in the shoreland overlay district associated with Bald Lake a general development lake. The shoreland overly district restricts impervious surface coverage to 25%. The subject site currently exceeds that restriction by one percent. SURROUNDING USES The subject site is surrounded by single family residences that are zoned R-1, single family residential and guided LD, Low Density Residential. ~~ Planning Report -Korth CUP May 24, 2005 Page 3 EVALUATION OF REQUEST Compatibility with SurroundingArea -The subject site is surrounded by single family residences, adding a swimming pool is consistent with single family uses and is compatible with the surrounding area. Code Requirements -The shoreland overlay district limits the amount of impervious surface on a lot to 25% of the lot area. A Conditional Use Permit is required to exceed this amount. Description of Proposal -The applicant proposes to install a 40'X20' (800 square feet) in-ground pool, the concrete deck or apron around the pool is 967 square feet. Impervious Surface -The allowable impervious surface for this lot is 3,599 square feet (25% of 14,396 square feet). The existing impervious area, which is the building coverage plus the driveway, sidewalks and patio, is 3,678 square feet, which already exceeds the allowable maximum. The proposed pool apron would bring the total impe>ious surface area to 4,645 square feet or 32% of the lot size. Storm Water Management/Water Quality -Eagan City Code (§ 11.65) stipulates that the impervious coverage of shoreland lots must not exceed 25 percent. However, because the City has approved and implemented a Comprehensive Storm Water Management Plan, the Code allows the City to grant a Conditional Use Permit for an increase in shoreland impervious coverage, provided the City has required "necessary water quality mitigation features to meet non-degradation standards for phosphorus for the nearest downstream recreational water body identified in the Eagan Water Quality Management Plan." The subject property is within the shoreland overlay district of Bald Lake (DNR #19-0061P); however, this parcel does not drain (runoff) directly to the lake. There is no believed impact to Bald Lake with this increase of impervious surface. As part of the Gardenwood Ponds 4th subdivision, a stormwater treatment pond was constructed nearby and a grassed swale was graded in the backyards of several properties. Because of the small scale increase of impervious coverage to the shoreland district from this project, no additional mitigation features are necessary or appropriate. SUMMARY/CONCLUSION The applicant is requesting a Conditional Use Permit (CUP) in order to exceed the maximum 25% impervious surface coverage limit. The existing structures, driveway and patio already exceed this limit by 1 %. The applicant is proposing to install an in-ground pool; the concrete apron will increase the impervious surface to 32% for the lot. As required for the issuance of a Conditional Use Permit, the City does have a water quality management plan in place, and there is a stormwater treatment pond treating the runoff from this lot which does not drain directly to Bald Lake. 73 Planning Report -Korth CUP May 24, 2005 Page 4 ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to exceed the maximum 25% impervious surface requirement by 7 % for an in-ground pool for property located at 3848 Big Timber Trail in the NE '/4 of Section 23, subject to the following conditions: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The impervious surface can not exceed 32%. 7y FINANCIAL OBLIGATION-23-CU-07-04-05 - 3848 Big Timber Trail Lot 19, Block 1, Garden Wood Ponds 4th There are pay-off balances of special assessments totaling $-0- on the parcel proposed for the conditional use. At this time, there are pending assessments in the amount of $-0- proposed to the parcel. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed using the rates in effect at time of connection or conditional use. IMPROVEMENT None USE RATE QUANTITY AMOUNT -0- Total $-0- ~S Conditional User Permit: Project Narrative Homeowners: John and Sue Korth 3848 Big Timber Trail Eagan, MN 55123 During late summer 2004 we retained Performance Pool to design and install an in-ground pool in our backyard at the address listed above. We were ready to install, when we were informed that our permit was denied by the City of Eagan because the pool would put us over the 25% impervious surface coverage rule enforced under Eagan Code. This denial came after waiting over a month for a response to the permit request. Needless to say we were disappointed with the denial as we had put a lot of thought and effort into the project, not to mention a substantial investment in the installation of a $10,000 5 foot tall decorative aluminum fence surrounding the backyard. We also spent many long hours moving landscape materials to make room for the pool. At that time of the denial we were informed that we would need to apply for a Conditional Use Permit if we chose to move ahead. Over the winter months we re-considered whether we wanted to apply for this Permit and incur the costs necessary to proceed. We have decided to proceed and early this month we completed the Conditional Use Permit application, secured a certified mailing list from a title company (cost $250) and deposited $850 in an escrow account in order for the city planners to begin the process of reviewing our request to install the pool. We have informed Performance Pool that we would like the pool installed as soon as we receive approval from the City which could be at the City Council meeting on June 7th. We obviously would like the pool installed and operational as soon as possible in order to enjoy it for as much of the summer as possible. The pool plans are attached to the Conditional Use Permit application but basically it is a rectangular, 40 feet x 20 feet, non-diving pool. We plan to have an apron skirting the pool area for deck chairs. There is an existing deck attached to the house with a screened porch beneath it that sits on a concrete slab. The screened porch is not a 4-season porch. Bald Lake is to the East of our property, although our property is not adjacent to the lake. There is an existing drainage pond three doors down to the south of our property to which we would make efforts to drain to. Drain the installed by Performance Pool will encourage the flow of any drainage towards this drainage pond. Additionally, our neighbors directly to the south of us have just completed a major project in their backyard with drain the work to direct drainage to this drainage pond. They have offered a linkage to their system if required. We also have planted extensive landscaping (both shrubs and trees) in our back yard which should absorb and minimize run-off. Overall, we think these factors should mitigate any concerns the City of Eagan may have in regards to the impervious surface coverage issue. Given the investment already committed to this project and the presence of a drainage pond in close proximity we request the City's approval to move ahead with the installation of the pool. Respectfully yours, Sue and John Korth 651-688-8792 'J6 Eagan Boundary Location M a N Right-of-way ~Pareel Area Park Area - Building Footprint a r » ~ 6 ~t ~ a ~ F ®4 bed ~ p 4 4 > ~ a m ~ ; w a' ~ e t ~ * a ~ ~_ t ® ? B , S ~ ~ ~ u ~ ~ ~ + g ~ "° a~ ~ ~ ~®~fC ~ Ass ®...~ .r; ~ a ° fa , ,~ • ". . ~, P` Subject Site psaas, 1 + p F+ ~ + • ~.~ I . ~ ~ . e ®q d~ ti `m e p ~ ire ~ ° ° • ~ ~ e a • 8 d df9 ,r . ® ® ~ s ~ •®. r ® 4~ ~ • a. ! ~ ~ ` ` ~ ~ Y ~ + ~ Ip^ s ~ ~ r G ~qf- ®• • # e air se ,,,„.«.~.«~..«F..,, 49 8 de a « ~ ~ w as ^ v as ~ ~ O ~ • ® ~ ~ B ~ mm ~ ® v C a ~ d• °`~ ''~ s >~ o • ~ ~ ~ ~ ~ .~ Y 34 ~ .9p wry ® e~ ~ ` ; _ ~ opt ~ ` ~ Q t~ ~ ~ ^ 8 ~ ~ . ( ~ ~ ~ e '° ~ ~~ ~ ~ ~ a ~ ~ , ~s~ • m m ~ ® ~ B e °.au S ~ ® ° 7 !p e n ®m ® a ~~~®md e+ 7 ° ® ° m 6+ •6 ~a ~ ~ e ~e 0 ® O p a ~ 9 8 ~ 6 ® d ® m ~ ® e ! 8 ® ® ® ® 4 ®- Cb a o a rm 0 ®'` ° ~E B ~ m r ~ o $ ... .. E8 a . 1000 0 1000 2000 Feet Development/Developer: Korth Application: Conditional Use Pe Case No.; 23-CU-07-04-05 Cit f E Map Prepared using ERSI ArcVew .. arcel base map data provided by Dakota County Office of GIS and Is current as of Apri12005. N W~ Is ~~~Il y o THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community D.v~lopm~nt Department not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Land Use Map Kortn cuP Case No. 23-CU-07-04-05 Zoning Map ° COTT RORO R1 Current Zoning: > P -1 Location R-1 Single Family Residential R-1 coo o coo uoo FRa 1 {--f--I-L ! / /\ Comprehensive Guide Plan Land Use Map L 1~ v ° .,..~e,. Re.. urrent Land Use Designation: LD Low Density residential L D L Location P 600 0 600 1200 F. t ~ I f1D Parcel hasa map information providetby Dakota County Land Swey DepartmeR June 2003. N 2.ning information maintained byGity Statt City of Eagan W E THIS MAP IS INTENDED FOR REFERENCE USE ONLY Communi(y Development Department The Citv of Eagan and Dakota County do not guarantee the accuracy of this information. S «1 N N O Y~' v~i•G~~w A V'1 M N p O M ~ ~~~~~ ~ ~ ~3 ~o~~ .c "" o '~ 'r' O ~ `~~~ a~ ~, C~ , 5 J c~ ~~ 4° r ~~ 9 r- Q ~ ~ ~ ~ 33 LL a ~ ~~ - --2 ~+ J a ~ r ° H2 H a 0 ~ ~ t W O ti~ ~z W~ '' r~ +~ 0 Z A ° ~ ~ ~Q a u z° e~ u ~v W ~ a ~. ~ ~ FiN! O~ J ..! ~ V ~ J 2 K 3 3 ° '~ ~ (L. () O o !~ ~ ~~~ ~ ~ ~ ` ^ ~ ~- N '~ ! = L v.l~ ~ 33 `~ ~ a (~ ~ _ ~ ~ ~~:. ~ 3~ ~ 9 Ca° . II~~ W iQ 7 «'- ~ 1 ~ r:..~ ~' ~ b:,~ o ~' ~ ~ ~~ ~ ~ ~ o ~ .n u~ ~ ' ~ ~- ~ ~', ,~ g_~ -~ ~ ~ ~ Q ~2 ~ ~ ' ~~ ~ " ~ ~ ~- ~ Q ? -~_, ~ g ~ ~ I o`er ~ ~ _~ ~ ~~ 9 a i ____ ^ ~ - _ ~ ' o -~ N ..0 -° ` _ _ f ~! .__N ~~ g -~ ~ H B Y ~ d Q ~~ J ._ a' 4O ~~ ,J J 33 wa ~~ `== ~~_ 1 1r'' 0 i`~ N N r~ Q i1~! ~, ~ d v oc t~/i Q .° _ `, ~ ~~ U •;,. F ~ U ! r _ __. . ~~~, r` ~_ "ti -_.~ ~ . ~~~. .` r ~~ V~ ~~, N ~$ ti5% ~o~~ ;~, ~D U ,~ ~~ ~.- , / ., ,~; ,~ ~r~~ ~~'" • b e ~ ~~ ~~g ~~ , `--~, ~/ 1 ~J\ :! ~` o ~~~`~~ ~~ Agenda Information Memo June 7, 2005 Eagan City Council B. CONDITIONAL USE PERMIT (LOT 1, BLOCK 1, APOLLO SUBDIVISION) -FIRST INDUSTRIAL ACTION TO BE CONSIDERED: To approve (OR to deny) a Conditional Use Permit for outside storage of semi trailers on property at 900 Apollo Road, legally described as Lot 1, Block 1, Apollo Subdivision, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present. FACTS: The site contains an existing office/ manufacturing and warehouse building consisting of 312,265 sq. ft. The building has loading docks, and a shared truck court with the adjacent building to the west. Vehicle parking is provided in two locations north and south of the building. - First Industrial proposes trailer storage in the northwest parking lot, to the south of the building, and at the east loading docks. - The applicant indicates that the ability to park trailers on the property enhances its attractiveness to more possible buyers/tenants, and in particular one current prospect who wishes to relocate within Eagan. - The property is zoned Limited Industrial and there are no residential properties in the surrounding area. - A similar outside storage permit was granted in 1995 for Anchor Hocking and that permit was tied specifically to Anchor Hocking and has now terminated. - The concerns about the storage occupying vehicle parking spaces and being located in the front yard that were present in 1995 remain relevant today. - The APC held a public hearing on May 24, 2005 and did recommend denial. One reason for the denial is the location of the storage area in the front yard. ISSUES: The APC was not opposed to outdoor storage on this industrial site; however, the commission is very concerned with storage in the front yard and the precedent that would be set. - The APC recommended denial based on the findings listed in the May 24, 2005 APC minutes. 60-DAY STATUS: Deadline is July 5, 2005 ATTACHMENTS: ~~ ^ p3 May 24, 2005, APC Minutes b Staff report, pages ~ through 8'/ City of Eagan Advisory Planning Commission Meeting Minutes May 24, 2005 Page 5 B. First Industrial Applicant Name: First Industrial Location: 900 Apollo Road; Lot 1, Block 1, Apollo Subdivision Application: Conditional Use Permit A Conditional Use Permit to allow outside storage of Trailers. File Number: 11-CU-08-04-OS Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated May 13, 2005. She noted the background and-history. Joe Gearen, Leasing and Marketing Director with First Industrial, explained that due to the size of the building, outside storage will most likely be necessary to attract a buyer or tenant. He stated the site is not visible to residential, only other industrial uses. Chair Heyl opened the public hearing. There being no public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Chair Heyl asked staff how many other propertieshave been allowed to have parking/storage in the front yard. She asked the applicant if there is a reason, other than cost that would prevent storage in the back., City Planner Ridley stated staff is aware of no others. On behalf of 1St Industrial, Ted Carlson, Welsh Properties stated trailer storage on the south side of the building would impede building to the south. Member Hansen stated his concern with the proposal. City Planner Ridley stated customer and employee parking between the building and street is typical; however outdoor storage in the front is unusual. Member Matthees stated agreement with the proposal because it is in an industrial area; however additional screening would be helpful. Member Bendt asked if a number of rows of trailer storage in the front could be removed to increase greenspace. Mr. Gearen stated the amount of storage could be adjusted. City Planner Ridley clarified that this is an industrial area and outdoor storage is expected; however, staffs concern is that invariably other property owners with outdoor ~~ City of Eagan Advisory Planning Commission Meeting Minutes May 24, 2005 Page 6 storage in this or any industrial area will see this as a precedent for potentially increasing outdoor storage by utilizing the front yard. Chair Heyl concurred that this precedent would not be good public policy. She stated outdoor storage on this site would be appropriate provided the provisions of the City Code are met. She encouraged the applicants to add the needed outdoor storage space to the south side of the building. Member Heyl moved, Member Bendt seconded a motion to recommend denial of a Conditional Use Permit for outside storage of semi trailers on property located at 900 Apollo Road, legally described as Lot 1, Block 1, Apollo Subdivision; in the NE'/< of Section 11 due to the following requirements not being satisfied: City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. . 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operation and maintained so as to be compatible in appearance and use with the existing or intended character of the general vicinity. City Code Section 11.70, Subdivision 22; C; 2 b. The storage area shall be located in the side or rear yards and shall not encroach into any required front~bulding setback area or other required setbacks. A vote was taken.. Aye: Chair Heyl, Members Hansen, Bendt, Keeley, and Chavez. Nay: Member Matthees. Motion carried 5-1. 8~ PLANNING REPORT CITY OF EAGAN REPORT DATE: May 13, 2005 APPLICANT: First Industrial PROPERTY OWNER: First Industrial REQUEST: Conditional Use Permit CASE: 11-CU-08-04-OS HEARING DATE: May 24, 2005 APPLICATION DATE: May 5, 2004 PREPARED BY: Pamela Dudziak LOCATION: 900 Apollo Road COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit for outside storage of semi trailers on property located at 900 Apollo Road, legally described as Lot 1, Block 1, Apollo Subdivision, in the NE '/4 of Section 11. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 8y Planning Report -First Industrial May 24, 2005 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. In addition to the requirements for a conditional use permit listed above, City Code Section 11.70, Subdivision 22, C, 2, lists performance standards for outdoor storage as follows: a. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I-1) and general industrial (I-2) zoning districts, the enclosure may be detached from the principal building. b. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. c. The outdoor storage area shall be screened from view from the public right-of--way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. d. The storage area shall not interfere with any pedestrian or vehicular movement. e. The storage area shall not take up required parking spaces or landscaping areas. gs' Planning Report -First Industrial May 24, 2005 f. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. BACKGROUND/HISTORY This property was first platted between 1967 and 1969. The Donaldson Company constructed the existing office/ manufacturing/warehouse building in 1969. The building has rail access on the east side and loading docks on the west side. In 1995 the parcel was subdivided into two lots, creating this L-shaped parcel containing the existing building. At that time, Anchor Hocking Plastics occupied the bulk of the building, and intended to sublease approximately 20,000 sq. ft. of office space. At the same time, a Conditional Use Permit was requested, and approved, to allow outdoor storage of semi trailers on this parcel. The CUP approval allowed trailer storage in the northwest parking lot. Additionally, a condition of the CUP required that the outdoor trailer storage "be discontinued upon the termination of Anchor Hocking's interest in the property or the assignment or subleasing by Anchor Hocking of more than 20,000 sq. ft. of the existing space within the building located at 900 Apollo Road." EXISTING CONDITIONS The site is known as the Apollo Distribution Center and contains an existing office/ manufacturing and warehouse building consisting of 312,265 sq. ft. The building has loading docks, and a shared truck court with the adjacent building to the west. Vehicle parking is provided in two locations north and south of the building. Trailer storage is proposed in the northwest parking lot and to the south of the building. While Anchor Hocking no longer occupies the building, trailers continue to be stored on the property in the northwest lot and south of the building. The owner is requesting approval of a new CUP to continue to allow trailer storage on the property for other future tenants. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existin Use Zonin Land Use Desi nation North Office/Warehouse/ Manufacturin I-1, Limited Industrial IND, Limited Industrial South Warehouse I-1, Limited Industrial IND, Limited Industrial East Warehouse/Pond/ BAX Global I-l, Limited Industrial IND, Limited Industrial West Warehouse I-1, Limited Industrial Il~D, Limited Industrial $6 Planning Report -First Industrial May 24, 2005 EVALUATION OF REQUEST Compatibility with Surrounding Area -Outdoor storage is a conditional use in the I-1 zoning district. The subject site is surrounded by other industrial properties. There is no nearby residential property. The proposal appears consistent with the land use designation of Limited Industrial. ProposaUSite Plan -The applicant is proposing outdoor storage of up to 146 trailers on the site. The applicant's narrative states "The building has been vacant, with the exception of short term deals, since January 2004. The building is difficult to demise providing us with the challenge of finding a single user for x11312,256 square feet. In today's commercial real estate market, the number of tenants of that size is minimal. We are asking for this conditional use permit to give us the opportunity to provide a user that must have outside trailer storage that ability." 4 The applicant has indicated that they have a prospect that is currently located in Eagan "absolutely need[s] the ability to park trailers in the designated spots shown on the ...plan. This prospect is the ideal user for this property and it allows us to keep their business in Eagan." Most of the trailer storage (108) is proposed for the parking lot on the northwest portion of the property, with some trailer storage in a lot to the south of the building (30), and a few trailers (6) at the docks on the east side of the building. The total proposed storage would accommodate up to 146 trailers. The area proposed for the 30 trailers south of the building is shown larger on the site plan than it exists on the property. The pavement in that area currently holds 11 trailers. Compliance with green space standards should be demonstrated before expanding this storage area, and the expanded storage area should be surfaced with bituminous asphalt and concrete curb and gutter. Outdoor Stora e Requirements - a. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I-1) and general industrial (I-2) zoning districts, the enclosure may be detached from the principal building. An enclosure is not proposed. It is a policy decision whether an enclosure is necessary. The enclosure is intended to provide security and containment. With screening provided by berming, and the only storage item being trailers, an enclosure may not be necessary. It is a policy matter for City officials to determine whether an enclosure is needed. ~~ Planning Report -First Industrial May 24, 2005 Page b. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. The proposal partially satisfies this requirement. A large portion of the storage is located in a front yard, but does not encroach into required yard setback areas. This area proposed for trailer storage was originally constructed for employee parking. Staff is concerned with the outdoor storage being located in the front yard. Expansion of the rear yard storage area is constrained due to topography. While some expansion can be accommodated, the rear yard slopes up significantly and grading necessary to accommodate the proposed trailer storage entirely in the rear of the lot would require significant grading, retaining wall and possibly some tree removal. The trailer storage as proposed makes use of existing paved areas. The outdoor storage area shall be screened from view from the public right-of--way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. The applicant's narrative states, and a site visit confirmed, that the northwest storage lot is screened from the public right-of--way by berming. While there is some berming and some mature evergreen trees, the trailers in the northwest lot remain visible from the public right-of--way. Additional landscaping should be added so that the trailers are not visible from public rights-of--way. All surrounding and adjacent properties are zoned and guided Limited Industrial. d. The storage area shall not interfere with any pedestrian or vehicular movement. The proposed trailer storage areas leave open the drive aisles for circulations around the building. The Fire Marshal has reviewed the plans and indicates that aneast-west emergency access aisle must be provided between trailers in the northwest storage area. This would allow sufficient access to all areas of the stored trailers should there be a fire or other emergency. This would reduce the number of trailers able to be stored in this area by 10. e. The storage area shall not take up required parking spaces or landscaping areas. The proposal does not satisfy this condition. An estimated 383 parking stalls are required to support the building. With trailer storage occupying a majority of the parking stalls, available vehicle parking does not meet City Code requirements. The trailer storage proposed in the northwest lot does take up vehicle parking spaces, leaving only 79 vehicle parking stalls to serve the building. One of the concerns in 1995 with the Anchor Hocking proposal was that the demand for employee parking could fluctuate dramatically depending on the tenant and number of employees. A future tenant with a labor intensive operation or more office space could have a much higher demand for employee parking. In that event, the trailer storage could conflict with employee parking needs and should be discontinued. The concerns raised in 1995 are still pertinent in 2005. f. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. The proposed storage areas are surfaced with bituminous asphalt, which is in good condition. 8g Planning Report -First Industrial 6 May 24, 2005 Page There are a few areas which show some wear and deterioration and these areas should be patched. Most of the area has concrete curb around the perimeter. Where it is not currently provided, concrete curb should be added. All new and existing parking spaces and storage areas should be surfaced with bituminous surface, concrete curb and gutter and storm drainage provided. Landscaping - No new landscaping is proposed. Existing landscaping is not shown on the plans, however the applicant's narrative states the parking lot adjacent to Apollo Road is currently screened by berming. A site visit by staff confirmed this. While berming is currently provided, and mature evergreen trees are located along Apollo Road, the trailer storage area remains visible from the right-of--way. At a minimum, landscaping/screening should be provided so the trailers are not visible from public right-of--way. Access/Street Design -Access into the site is provided from Apollo Road in several locations. Tree Preservation - A tree preservation plan is not required since the proposal involves no new development. SUMMARY/CONCLUSION The application is for a Conditional Use Permit to allow outdoor storage of semi trailers in several locations on Lot 1, Block 1, Apollo Subdivision. The site is occupied by a manufacturing and warehouse building and shares a truck court with the adjacent property to the west. The proposed trailer storage satisfies three of the six outdoor storage criteria. The three things that fail to satisfy outdoor storage standards include 1) the storage occupies required parking stalls, 2) some of the storage is located in a front yard, and 3) an enclosure is not provided, although one may not be necessary. Conditions which are satisfied include screening, access/circulation, and surfacing. Staff is concerned with the proposed trailer storage in the front yard of the site. The applicant is proposing the trailer storage to make the property more marketable and attract larger tenants. The applicant indicates that the ability to park trailers on the property enhances its attractiveness to more possible tenants, and in particular one current prospect who wishes to relocate within Eagan. The property is zoned Limited Industrial and there are no residential properties in the surrounding area. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit for outside storage of semi trailers on property located at 900 Apollo Road, legally described as Lot 1, Block 1, Apollo Subdivision, in the NE '/4 of Section 11. 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. ~9 Planning Report -First Industrial May 24, 2005 Page 2. An east-west drive aisle shall be provided between trailers in the northwest storage area to provide emergency access within the storage area. The size and location of the aisle shall be acceptable to the City Fire Marshal. 3. The bituminous surfacing shall be patched where necessary, and new concrete curb installed at the edge of pavement in areas where none currently exists. 4. All new and existing parking spaces and storage areas should be surfaced with bituminous surface, concrete curb and gutter and storm drainage provided. Landscaping/screening shall be provided so that the trailers are not visible from public right- of-way. 90 FINANCIAL OBLIGATION-II-CU-08-04-OS - 900 Apollo Road Lot 1, Block 1, Apollo Subdivision There are pay-off balances of special assessments totaling $-0- on the parcel proposed for the conditional use. At this time, there are pending assessments in the amount of $-0- proposed to the parcel. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed using the rates in effect at time of connection or conditional use. IMPROVEMENT None USE RATE QUANTITY AMOUNT -0- Total $-0- 9/ ~ Location Map Eagan Boundary Right-of-way ParcelArea P k A o ar rea Building Footprint ~' ~; .. -ti ~ ~ ~ ~., ~ a ~~ ® ~ ~ - ~ , -, .,,, ~ „__ ~ I_ _. i ---_ j ~ ~ `- __ 4 ~ ~ ~ .~ , t - e -` ~ ~\ ~ ~ k _ ® r 1 ~ ~ --- --~_- ~_ ~ - -.~.. ~ _ ... _ t ,_~ -~ .0 e ~ G _'= < ~ ~ Subject Site ~~ ~ ~ ~ ~~~,~' ~ ~~~ - m I ~ I ~ 94c i ~ - \' ~,~ ~UMK Mwr, - ~ ~~~ ~ ._; ~;t o w ~ i '~ ~_ __ i ~~ ~ ti~~ ® &~ ~ ~ ®© ,. ~ m . u __.d ~d '~~~ __:.i . _ ~ rte. { ~~ ~ J ~ ~ ~ „~ ~ 1~ n~ ,~ I ~ ~ © © "J i~ t.d ~ ~ ~ ~ ~ 9 C ® d t _ ~~ 1 ' __.- _,t ® __- I ,' ~v ;~~ 4 4 ~' \ ® ~ >; 1 .. w 4~ ~" ~ _~ ~ i - .~..' ., i ~ i.~ i ~ ~ i 1^ ~V ~1~ ! --~ - ~ __ ~ ~ __' c~ - _ _ z ~ - _ ~, i t ~ l/ ~ ~L ~._ -- i_.__~i . - ~ a ° ~~ C~ ~ ~ ~~ ~ ~~ ~ ~ ~ ~ ® ~? ~ L~.bl ~ ~ •^~' ~ .- ~ 4z ' tOy1WY"MO-YY-iYAKKFt 000ME-R G') d - ~% A ~~\~ _. -.-- v ~ .-.'.T~9 £~ V~ ® ~ f n~l ~ \ J ~ ~' - - d , ~ E ,3 ~ © 1000 0 1000 2000 Feel Development/Developer: First Industrial Application: Conditional Us Case No.: 11-CU-08-04 Cit f ~ Map Prepare sing ER I ArcView .Parcel base map data provided by Dakota Otfi and Is current as of April 2005. N W E y o ~~~Il THIS MAP IS INTENDED FOR REFERENCE U SE ONLY Community Devdopmant Department The City of Eagan and Dakota County do not guarantee the accuracy of this information and are not responsible for errors or omissions. S Current Zoning and Comprehensive Guide Plan Land Use Map First Industrial Conditiona{ Use Permit Case No. 08-PS-02-04-05 Zoning Map _~ `~, . PD 1-1 1.1 I-1 1-1 Current Zoning: 1-, 1-1 Limited Industrial I.1 1 {•1 ocation / `\ 1-1 1.1 I.1 1-1 1-1 P 600 o f00 1100 F..t I-1 0 Comprehensive Guide Plan Land Use Map ~ 1\~~i--,'~- 1 ' R~ IND IND IND IND ~ R„i'kom[. t L D i ti C d U RC "~ urren an gna se es on: IND Limited Industrial IND IND ~ IND ~G~ IND IND Location IND IND P coo o coo uoo F..t - IND / Pares ap information prov{dedby Dakota County land Survey Depertmert June 2D07. N goring information maintained byLity StsfE City of Eagan W E TNIS MAP IS INTENDED FOR REFERENCE USE ONLY Community Development Department The City of Eagan and Dakota County do not guarantee the accuracy of this information. S ~~~i . ~ a; ~~[ .; :' 3~a~:~~Y ~~ ~ a ~~~ g ~ ~ !~ ~ ~ ~~ S~a~~ ~~ ~ ~a ~ ~ ~. ~ ~ ~ ~ ~~ ,~g ~® SITE PLAN ~ FIRST ~ INDUSTRIAL May 5, 2005 FIRST INDUSTRIAL REALTY TRUST, INC. 7615 Golden Triangle Drive Suite N Minneapolis, MN 55344 952/943-2700 Fax 952/943-8778 Ms. Pamela Dudziak Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 RE: Conditional Use Permit 11-CU-08-04-OS Dear Pamela- I would like to thank you for the consideration of our application for a Conditional Use Permit for outside trailer storage at Apollo Distribution Center, located at 900 Apollo Road, Eagan, MN. The purpose of this letter is to address the issues that were brought to our attention in your letter to Michael Stephens dated April 28, 2005. Enclosed, you will find a current site plan showing the number of trailers we are proposing to store. This plan does reflect surrounding properties or what is adjacent to the subject site. Apollo Distribution Center is a 312,265 square foot manufacturing/distribution building. The building has been vacant, with the exception of short term deals, since January 2004. The building is difficult to demise providing us with the challenge of finding a single user for x11312,256 square feet. In today's commercial real estate market, the number of tenants of that size is minimal. We are asking for this conditional use permit to give us the opportunity to provide a user that must have outside trailer storage that ability. Currently, we are having conversations of leasing or potentially selling this building to an existing Eagan corporation. This prospect has been in business since 1935 and currently employs approximately 100 people. They are a third party logistics company that provides short and long-term storage, public warehousing and third party trucking. They absolutely need the ability to park trailers in the designated spots shown on the attached plan. This prospect is the ideal user for this property and it allows us to keep their business in Eagan. „~. 3;E. C~ In regards to screening, I apologize that it is not demonstrated with grading contours. However, the parking lot adjacent to Apollo Road is currently screened by Berming. Again, we are asking for this conditional use permit for two major reasons: We need it to give the building as many amenities as we can to attract a company sizable enough to lease/purchase 312,265 square feet and to give us the ability to continue working with our prospect. We understand the concern that the City of Eagan has with regards to outside storage, but it is our hope that we have shown, with this plan that the visual aspect of the storage from the street will be minimal. Thank you for your consideration. Sincerely, FIRST INDUSTRI REALTY TRUST, INC. ose . Gearen Leasing and Marketing Director JPG/amp enclosure ~ FIRST r 1NDUSTR)AL Agenda Information Memo June 7, 2005, Eagan City Council Meeting C. RESPONSIBLE GOVERNMENT UNIT -GREAT RIVER ENERGRY ACTIONS TO BE CONSIDERED: To approve (OR deny) Eagan as the Responsible Government Unit for an upgrade to transmission lines in Central Eagan. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: - Great River Energy (GRE) and Dakota Electric Association (DEA) are partnering in a transmission line upgrade; GRE is seeking local approval for the project. - The improvement is necessary to meet the surrounding electrical demand for new corporate expansions and the citizens the substations serves. - The upgrade is proposed for lines that exist and are located in an Industrial area and to upgrade the Yankee Doodle substation. The upgrade energizes these lines and increases the voltage from 69kV to 115kV. - Anything over 100kV and under 200kV can be approved locally. - DEA has made application for a Conditional Use Permit for the upgrade of the substation. - If the City declines the RGU request, all jurisdictions would be turned over to the EQB. ATTACHMENTS (2): Location Map on page ~~ Staff Memo with attachments on pages ~through~~ 9~ ~~' %~'~ l~ ~i"' M~U4~u ~' City of Ea~a~ demo TO: Mike Ridley, City Planner FROM: Sheila Cartney, Planner ~~ DATE: May 31, 2005 SUBJECT: Yankee Doodle Transmission Project Great River Energy (GRE) and Dakota Electric Association (DEA) are proposing to energize an existing Xcel Energy transmission line and subsequently upgrade the Yankee Doodle Substation to accept higher voltage. The improvement project is needed to meet the growing electrical demand of new corporate expansions and the residents that this substation serves. Because this proposal has a voltage over 100,000 volts (kV) it must receive an approval from the local government or the Environmental Quality Board (EQB). GRE and DEA are requesting the city be the approving agency. Because the voltage is under 200kV the Power Plant Siting act allows the city to have jurisdiction on this type of project. The City has 60 days to request the EQB assume jurisdiction over the project if we do not want to be the LUG. If the city were to decline the request to be the LUG all permitting for the project will transfer to the EQB (including the upgrade of the Yankee Doodle Substation). An Environmental Assessment (EA) for the project must be completed. The applicant would provide the EA. The EA is less extensive than an EAW and merely provides an assessment on the environment surrounding the project. Staff will review the document and the public has an opportunity to review and comment on the EA prior to the city accepting the EA. DEA has applied for a Conditional Use Permit (CUP) for the upgrade of the Yankee . Doodle substation. The substation is contingent on the upgrade of the transmission lines, so it may make sense to tie them into one application. Enclosed is a letter from GRE, the EA outline, the project narrative, and a sample EA. I am available for questions and representatives from DEA and GRE are available as well. 99 .~.>,~ ., x ~' :" kW~:-,:. GRF~~T RIB='E~ t.~~EZt~y t--~,=9' i r~•.< Eq€~( ~R~,tr .tt ~~'f 3 .sf , .a~"` I ~~. ~!, 't, et:;7~<~ :~;a '; ~ ~ "t; ' ..? ~~ [ • (az ... , ;hta May 24, 2005 WO #40391 Sheila Cartney City of Eagan 3830 Pilot Knob Road Eagan,.. MN 55122-1697 SUBJECT: Yankee Doodle Transmission Project Dear Ms. Cartney: Great River Energy (GRE) and Dakota Electric Association {DEA) propose to energize a Xcel Energy 115,000 (115 kV} transmission line and reconstruct a DEA 69 kV substation to accept the higher voltage. A fact sheet detailing. the project is enclosed. GRE and DEA are requesting that the City of Eagan be the local governing authority for this project. In 2001, the Minnesota Environmental Quality Board's (EQB} jurisdiction under the Power Plant Siting Act was expanded to include voltages above 100 kV. A provision of the law allows utilities to seek local approval for projects under 200 kV. The City has 60 days to request that the EQB assume jurisdiction over the project. If the Gity chooses to relinquish control, al! permitting for the project wit! transfer to the EQB. This is a local improvement project needed to meet the growing electrical demand of new corporate expansions and the citizens that the substation serves. If the City does accept the project an Environmental Assessment {EA) far the project must be completed. This would be the only state requirement. The EA is well short of an Environmental Assessment Worksheet or an Environmental Impact Statement. Gopies of completed EA's similar to the project being request have been submitted to the City. The public needs to be allowed an opportunity to provide input as to the scope of the EA. A proposed outtine is enclosed. David Birkhcltz, Power Plant Siting project manager at the EQB {651-296-2878) is available to answer any questions. I there are additional questions please contact me at 763-241-2229. Thank you. Sincerely, GREAT~RIVER~ENERGY ~'`-t ~`-.~'...r ~ ~---.-- . Dale Aukee Field Representative Enclosure /~ I}irect L7ia1 (76~) ?~ 1-22?9 F ,"~~Iail dauke~~~~e~~e~iergy_com FAQ ("'G3} 2~ 1-b00 ..~ ~ "~ <'~ ~f~~itt}.abs~~r t i-~ r~~y- (;+~~}~~rat€~~ce ?~• ~'K •---- ~~~~~~e~~~o~d~e 115 kV Transmission Project ~~ ~ ~~ . a ~~~ ~~~T~~~~ ~ ~ssion Line ar~d Substation GREATRIV~R FNEIZGY' n x~u.,.46,arcai.~.f.. GREAT RIVER ENERGY 17845 East Hwy 10 PO Box 800 Elk River, MN 55330-0800 763-241-2229 www.greatriverenergy.com ~~ Q ~~ L~ A_S_S0{'1_A_TION YwvTiwchshin FJw~,ti•'Panm ]~~~; ..-._. DAKOTA ELECTRIC ASSOCIATION 4300 220 Street West Farmington, MN 55024 651-463-6212 www.dakotaelectric.com Project Goal and Need Great River Energy (GRE) and Dakota Electric Association (DEA) propose to energize one mile of transmission line at 115 kV (115,000 volts) and to rebuild an existing 69 kV distribution substation to accommodate the voltage in Eagan, Minnesota. The electrical demand in the Eagan area has grown beyond the capability of the existing 69 kV sources. This project wilt provide a needed 115 kV transmission source and allow DEA to maintain adequate voltage and improve reliability to area customers. The Substations DEA will rebuild the existing Yankee Doodle Substation located on the southeast corner of Yankee Doodle Road and Wescott Woodlands Drive. The rebuilt substation will include a new 115 kV transformer that will transform the 115 kV transmission voltage to lower distribution levels. The existing land is sufficient to rebuild the substation. The distribution lines will exit the substation underground and interconnect with existing distribution facilities. The entire substation will be fenced. Xcel Energy's Lone Oak Substation will require some minor modifications. Contacts The Transmission Line (See Map on Back) The transmission line that will be utilized for this project, which runs from the Lone Oak Substation to the Yankee Doodle Substation, is designed for and capable of operating at 115 kV. There are four wires, three electrical and one for lightning protection. New poles will be designed to support the 115 kV system around the substations. Easements Easements are mainly for operation, constreaction, maintenance, tree clearing and access, and will be acquired from landowners where necessary. Permitting and Schedule GRE and DEA will request the necessary permits from the City of Eagan and assist in the preparation of the required environmental assessment. The proposed project will operate at the nominal voltage of 115 kV, and is regulated under the Power Plant Siting Act. A provision of this law allows the utility to seek local approval. Because this is a local load serving project, GRE and DEA have elected to seek local approval. Dale Aukee Field Representative Great River Energy 17845 E. Highway 10 Elk River, MN 55330 763-241-2229 daukee _arenergv.com Craig Knudsen Land Use Manager Dakota Electric Association 4300 220 Street West ~~ / Farmington, MN 55024 651-463-6332 cknudsen(c~dakotaelectric.com 4/28/2005 Environmental Assessment Outline Topics Likely to Be Covered Description of Project Need for the Project Location and Ownership Substation Design Cost Estimate Environmental Analysis Air Quality Water Resources Vegetation and Wildlife Soils and Geology Human Settlement Archaeological and Historic Resources Noise Aesthetics Public Health and Safety Transportation Permitting Process/Public Involvement Minnesota Approval Process Pubic Involvement - EA Local Permitting Other Permits and Approvals Figures - General Vicinity Map, Area Map, Substation Site Plan Appendices -Letters from Government Agencies, Project Notification to the EQB Public Notices /oa Some equ ent within the substation is filled with mi al oil for cooling. This equipment wil e sitting on concrete pads with t e (3) inches of crushed rock covering the entire aced-in area in the event of equipment leak. Substation sites are visited on a month asis to check for lea 2.5 Transmission Facilities The existing 115 kV transmissi line ned and operated by Xcel Energy will enter the substation on one side and it the other. a in-and-out design will required new wood poles on either side oft substation. Then poles will be in the general location of the existing poles. 2.6 Cost E mate The eft' ated cost for the substation facilities is $750,000 including site preparation and uipment. 3.0 Environmental Analysis ~ WRIGHT COUNTY EA SAMPLE 3.1 Natural Environment The effects of the project on the natural environment, including air, water, vegetation and wildlife have been considered. Responses received from state and federal agencies that reviewed the project are provided in Appendix A. Air Quaiity Because electric substations and transmission lines do not affect air quality, there will be no long-term environmental impacts on the air. Temporary air quality impacts would be expected to occur during the construction phase of the project. However, adverse impacts to the surrounding environment will be minimal because of the short and intermittent nature of the emission and dust- producing construction phase. Water Resources No impacts to water resources are anticipated. The substation does not displace any existing wetlands and will not have any impact on groundwater or other surface waters. The US Army Corps of Engineers (Corps) was contacted regarding this project and in a letter of February 16, 2005, the Corps indicated that the location is not within their regulatory jurisdiction and a permit is not required. There are no Minnesota Department of Natural Resources (DNR) Public Waters in the vicinity of the project, and the DNR had no comments on the project (e-mail of January 19, 2005). /0~3 Vegetation and Wildlife The DNR and the United States Department of the Interior Fish and Wildlife Service (FWS) were contacted regarding vegetation and wildlife resources in the vicinity of the project. There are no Centers of Highly Sensitive Areas in the project vicinity. The DNR had no comments on the project (e-mail of January 19, 2005). The FWS indicated that there are no federally listed species documented in the project' area (e-mail of December 17, 2004). Effects on area wildlife will be minimal. The substation is designed to deter animal entry. 3.2 Human Settlement The proposed substation project is located in an area zoned agriculture and the land is currently used for agriculture. Impacts on human settlement will be very minimal, as the substation is approximately 500 feet from the closest residence. The new substation will not cause the displacement of any residence or recreational area and will not affect any public services. 3.3 Noise The proposed substation will be designed and constructed to comply with State of Minnesota noise standards. It has been determined that there will be negligible noise at the property boundaries. The substation transformer will be designed in accordance with ANSI standards. 3.4 Aesthetics The new substation will have minimal impact on aesthetics of the area, as it is located directly beneath an existing transmission line. 3.5 Soils and Geology The proposed site will require some grading. Minimal erosion may occur at the site during construction, but these short-term impacts can be minimized through the use of Best Management Practices. 3.6 Archaeological and Historic Resources The Minnesota Historical Society State Historic Preservation Office (SHPO) was contacted about the presence of archaeological, historical or architectural resources located on or near the site. In a letter dated January 10, 2005, SHPO indicated that no historic properties eligible for or listed on the National Register of Historic Places will be affected by this project. /b <f 3.7 Transportation The site will not affect any public right of ways. Access to the site will use existing roadways. No roadway improvements will be needed for equipment delivery. In an e- mail dated February 16, 2005, the Minnesota Department of Transportation, Division of Aeronautics indicated that the proposed substation will not have adverse effects on the Buffalo Municipal Airport. 3.8 Public Health and Safety No threats to public health and safety are anticipated for this project. All facilities will be constructed in accordance with the National Electric Safety Code and other industry standards. Construction personnel will be required to follow OSHA regulations. Other safety measures such as warning signs, fencing, and gates will be utilized as needed. 4.0 Permits, Approvals and Public Comments 4.1 Overview of tP~Minnesota Approval Process This project falls under th State of Minnesota's Power Pla - ~ iting Act, (Minnesota Statutes § 116C.51-.69 and nesota Rules Chapter 44 for transmission projects over 100 kV and requires a per it from the Minneso Environmental Quality Board (EQB). However, for eligible projec a utility may ly to the local unit of government that has jurisdiction over the project fo approval ' stead of applying to the EQB (Minn. Rules pt. 4400.5000). This proposed 15 substation project is eligible for local review. Wright County has agreed to act a .Fie lead loc I unit of government with jurisdiction to approve the project. Wright "unty was affor d the opportunity to relinquish its jurisdiction by requesting th EQB assume jurisdi tion, but has elected to maintain jurisdiction of the project. s required by the EQB, a roject notice was sent to those persons on the EQB Po er Plant Siting General Notifica ' n list (see Appendix B). In accordance wit QB rules, an environmental assessmen EA) prepared by the local unit of govern nt with jurisdiction over the project must a completed. Specific requirements ' clude an opportunity for public participation in veloping the scope of the EA befo a it is prepared, published notice in the EQB Mon' or when the EA is available fo review, and the procedure for commenting on the EA. Final decision on the project will not be made until at least ten days after the notice appears in the EQB Monitor. /os 7 Agenda Information Memo June 7, 2005 Eagan City Council Meeting XI. NEW RUNWAY/AIRPORT UPDATE ACTIONS TO BE CONSIDERED: This item is for informational purposes only. No formal action is required. FACTS: Open Houses The most recent Eagan New Runway/Airport Open House was held at Woodland Elementary School on Thursday, May 19. Approximately 1,885 households received invitations to attend the open house, and there were about 50 people in attendance. The open house was taped by cable television staff and is now airing on the City's local access channel. Per the request of the City Council, the presentation provided by MAC included a new slide showing the anticipated frequency of flights on the five new flight tracks over the City of Eagan. The Woodland Open House was the sixth often open houses in the community. The next Eagan New Runway/Airport Open House will be held on Thursday, June 16 at Glacier Hills Elementary School, beginning at 6:30 p.m. Invitations to the Open House at Glacier Hills Elementary have been mailed to approximately 1,191 households. The engineer from Wyle Labs who is conducting the baseline noise measurements will be in attendance at the Glacier Hills Open House, as will a reporter from WCCO TV, who will be airing a story in July about the City's new runway communication efforts and baseline noise study. Baseline Noise RFP - City staff has been working with Wyle Laboratories to select the ten monitoring locations throughout the City. - Efforts have been made to spread the monitors throughout the City in areas that will be most impacted by the new runway. - In addition to the monitoring sites, the City was able to select 25 grid points across the City which will enable the City to communicate to residents the proposed impact across the City by the runway. Wyle's Engineer will also be conducting monitoring at two MAC Remote Monitoring Towers (RMT) to verify that the community noise level data being collected by the MAC is accurate. - City staff is working with the residents and schools where the monitors will be located. Brochures are being sent this week to the effected property owners and their neighbors to explain the purpose of the project and to make neighbors aware that an engineer from Wyle Labs will be downloading data from the monitors once a day over a 7-day period. - Monitoring is schedule to take place June 14-20, and the study is scheduled to be completed by mid-July. Bill Albee of Wyle Labs has been invited to be a presenter at the 2005 N.O.I.S.E. Conference in Eagan to present the outcome of Eagan's baseline noise study and to communicate the proactive nature of such a study. ATTACHMENTS: - Enclosed on pages f~~ is the map showing the proposed locations of the ten temporary noise monitors, the eight per anent MAC remote monitoring towers, and the twenty five grid point analysis locations. Staff will have a large, color copy of the map to show the Council on Tuesday evening. /o~ ~~~ ~~~_ Pii: Mendota Heights -i„ ~= ~` o - .._ - ~ ~,' 1 -~ ,; ! t ~ ~ h ~ ~ . .... ,~. -~ ..t :; .: - - r - .- '~ `. `~^_ ~~ -. ~ ;lea M ' _ ' -- -, :. _~ _ ~,~ '^L _ .l h_ -~~" ~ -. F' ~ r - "r: . i. ~. muI h tr> i \ , r .. _ .r ti r,~ t .~ .--- I 7 in ~ E. ~ M~ ,f i ' ~: 0 .. n. ~ r r . '°'i ( ,. _, -~ ~_ r ~ . -_.. -- ~~ .. ~, ~._ ~ .,: -_- S. ~_.__ v ~. '"\ ~' ~~\ '° ~ Rosemount ~~ `Apple~Valley E F G ~ Le end ""'"` c~ror~ g o o.s 2 ® Grid Points Land Use Guide Plan Designation City of Eagan ;~'- Proposed Mondor Locations ~ LD-Low Density Residential Proposed Noise Monitor and N Grid Point Locations l'~ RMT-Current Locations ~ MD-Medium Density Residential '~. Eagan Core/Sub Flight Tredcs • - Municipal Boundary /o ~ C~ ADMINISTRATIVE AGENDA REGULAR CITY COUNCIL MEETING EAGAN, MINNESOTA JUNE 6, 2005 CITY ATTORNEY CITY ADMINISTRATOR Item 1. Consider a Change to the July 12 Special City Council Work Session Date Item 2. Eagan Charter Commission Request for Payment of Legal Services Invoice DIRECTOR OF PUBLIC WORKS DIRECTOR OF COMMUNITY DEVELOPMENT Item 1. Northeast Eagan Land Use Study Committee Evaluation Item 2. Redevelopment District Update ~a~ City of Ea~aIl demo TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JUNE 6, 2005 SUBJECT: ADMINISTRATIVE AGENDA /JUNE 7, 2005 CITY COUNCIL MEETING CITY ATTORNEY There will be a brief Executive Session to discuss the Wensmann/Rahn v. City of Eagan litigation. CITY ADMINISTRATOR Item 1. Consider a Change to the July 12 Special City Council Work Session Date -The second Tuesday, July 12, was designated by the City Council at the Organizational Meeting in January as a date for a Special City Council workshop. One of the main topics to be considered at that workshop is the findings of the NE Eagan Study Committee who completed their work on Thursday evening, June 2. The City's consultant, Rusty Fifield, will be on vacation that week and will not be available for the meeting. Other dates that could work include Thursday, June 30 (which follows the HiPP celebration at the Lebanon Hills Park) or Thursday, July 7. ACTION TO BE CONSIDERED: To consider a change in the July 12 Special City Council date for the NE Eagan Task Force presentation. Item 2. Eagan Charter Commission Request for Payment of Legal Services Invoice ACTION TO BE CONSIDERED: To provide direction to staff regarding the request from the Eagan Charter Commission to pay an invoice for legal services. FACTS: - The City has been presented with a $200 invoice to pay for legal services incurred by the Eagan Charter Commission resulting from the legal action, Thomas King, Petitioner vs. Eagan Charter Commission, Respondent. - The City previously received a request for $300 presented at the May 171istening session for the initial filing fee of the respondent Eagan Charter Commission and for filing a ~a~ response. Pending City Council action and direction this request has not been processed by staff. - The Charter Commission's request fora $1,500 advance for 2005 Charter Commission has not been processed by the City pending a resolution of the issue surrounding the $958.16 spent for production and distribution of the charter question election material, per direction at the May 17~h listening session. - Mr. Felde has been notified of this item being placed on the Administrative Agenda. ATTACHMENTS (2): - Enclosed on pages ~_ and ~_ is a copy of a request from Jon Felde, Chair of the Eagan Charter Commission, to pay an invoice for legal services for the Eagan Charter Commission and a copy of the invoice from the law firm. - Byway of additional background information, enclosed on pages ~ through f L.~~ is a copy of the material provided in the May 20th Additional nformation Memo. DIRECTOR OF PUBLIC WORKS There are no items at this time. COMMUNITY DEVELOPMENT DIRECTOR Item 1. Northeast Eagan Land Use Study Committee Evaluation -This memo is being provided as additional information in the event that Council members are contacted in its regard. A presentation of the study results will be made at a future City Council workshop. Enclosed on pages ~ through ~ is the consultant's memo compiling the evaluations the Northeast Eagan Study Evaluation~ittee members submitted regarding the land use issues the Council directed be studied for the area. At its meeting on June 2, the Committee concurred that the evaluation memo represents its findings relative to the area and discussed specific reasons for their findings, which Mr. Fifield is compiling for the final Committee meeting on June 23, when the group is expected to adopt the report. It should be noted that the Committee offered the public an opportunity to comment on the evaluation prior to its deliberation on the item and no comments were made. REDEVELOPMENT DISTRICT UPDATE Staff is providing regular updates to the City Council regarding the City's redevelopment districts as a part of each administrative agenda. In addition to the information enclosed on page ~ , staff will be available to provide comments or respond to questions relative to the redevelopment projects at Tuesday's meeting. /s/ Thomas L. Hedges City Administrator 1d~ RECEIVED MAY 2 7 2005 Request for Check May 25, 2005 From: Eagan Charter Commission c/o Jon Felde, chair 4635 Parkridge Drive Eagan, Minnesota 55123 To: Tom Hedges City Administrator City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Amount: $200.00 Payee: Paula Callies, Callies Law, PLLC 1450 The Colonnade 5500 Wayzata Boulevard Minneapolis, Minnesota 55416 Phone: (763) 546-8020 Fax: (763) 545-0834 Re: Thomas King, Petitioner vs. Eagan Charter Commission, Respondent Court File No. C2-OS-7483 Purpose. These fees are requested pursuant to Minn. Stat. 410.06 for the Eagan Charter Commission to prepaze a response to a motion by Petitioner Thomas King to dissolve the Eagan Charter Commission. The case number assigned to the motion is Court File No. C2-OS-7483. This legal advice was sought upon direction of the Charter Commission regarding the pending law suit, and the fees are requested under Minnesota Statute 410.06. They aze necessary and reasonable expenses of the charter commission. o Felde air, Eagan Charter Commission lay Invoice Date Invoice # 5/14/2005 296 Bill To Remit To Betty Fedde Callies Law, PLLC 1662 Norwood Drive 1450 The Colonnade Eagan, MN 55122 5500 Wayzata Boulevazd Minneapolis, Minnesota 55416 C~~~r~-~` ~-'h~~ sSi on Q ~ (763) 546-8020 n Fax: (763)545-0834 pcallies@callies-law.com Terms Project Due on receipt 5006-01 Thomas King v. Charter Comm Date Item Description Nours Rate Amount 5/5/2005 Paula Callies Legal research and consultation with Betty Fedde. 1 200.00 200.00 ~~~rl2 ~ ` 1 TOta I $200.00 l~ City of Ea~aa N~uo TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MAY 20, 2005 SUBJECT: ADDITIONAL INFORMATION ~`EAGAN: CHARTER. COMMICSSION ~, Following his presentation at the May 17 listening session, Jon Felde presented the City Administrator with a letter outlining the Charter Commission's request for $300 to pay the initial filing fee and fee for filing a response to the dissolution motion filed by Petitioner Tom King. The request letter along with a copy of his remarks is included on pages r and (~. Enclosed on pages ~ and ~ is a copy of the third party opinion of Attorney Jack Clinton regazding the question on the Charter Commission expenditures for the election flyer. The opinion was received in their offices late Tuesday, and was referenced by City attorney, Bob Bauer, in his response to the City Council. By way of additional background information regarding the payment of the advance ($ ,500) for 20Q5 and/or the direct payment of Commission bills, enclosed on pages through (~ is a copy of the correspondence following the City Council dir coon to staff at the March 1, 2005 Istening session. As a result of that direction, staff has made no dollaz advances to the Commission and has not directly paid any bills on behalf of the Commssion. If the City Council would Iike a different process to be put in place, specific action should be taken and revised direction given. Also enclosed on page ~ is a copy of a letter from Jon Felde to Judge Spicer asking him to notify the City of a vacancy and directing the City to begin the process of advertising for applicants. According to the letter, Dave Keller has chosen not to be reappointed to the Commission. _ ~~~ 131 DF CONpS T G FEES / VRA,A CO TING on page) ~ a breakdo o nsulting fe r Ken Vr onsulting. a reque y the ity Coun tha update pr vided th s arizes his ith the i Request for Check May 17, 2005 From: Eagan Charter Commission c/o Jon Felde, chair 4635 Pazkridge Drive Eagan, Minnesota 55123 To: Tom Hedges City Administrator City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Amount: 300.fl0 Payee: Dakota County Court Adminisfrator Dakota County Judicial Center 1560 Highway 55 Hastings, Minnesota 55033 Re: Thomas King, Petitioner vs. Eagan Charter Commission, Respondent Court File No. C2-OS-7483 Purpose. These fees are requested pursuant to Minn. Stat. 410.06 for the Eagan Charter Commission to respond to a motion by Petitioner Thomas King to dissolve the Eagan Charter Commission. The case number assigned to the motion is Court File No. C2-OS- 7483. This number was assigned by the District Court after the initial Notice of Motion and Motion filed by the petitioner used the Court File No. CS-00-9967. These fees are for initial filing fee of the respondent Eagan Charter Commission and for filing a response. They can be verified at the Dakota District Court web page. http://www. co. dakota.mn.us/courts/index.htm Felde Chair, Eagan Charter Commission ~ -3a Comments to Eagan City Council May 17, 2005 Relating to Request for Check for Legal Fees I am here at the invitation of Tom Hedges to request payment of court cost for a lawsuit brought against the Eagan Charter Commission by Eagan resident Thomas King. The relief asked for in the motion of Mr. King is that the Charter Commission be dissolved by court order. In order to defend the Charter Commission from this lawsuit, it is necessary for us to file a response with the court. The Court fees are $245 for the initial filing by the party and an additional $55 for the response to the motion. The check for $300 should be made out to the Dakota County Court Administrator. The statute supporting this request is Mien. Statute 4.10.06. The petitioner disagrees with the outcome of the vote of the Charter Commission. He has thus brought this suit to challenge its right to exist. Consider the consequences of any displeased taxpayer urging the revocation or dissolution of a legally constituted board, commission or other city body based upon the allegation of failure to comply with by- laws. I know that most of you oppose the idea of a charter for Eagan, and I am not asking you to go on record in support of a charter. I am asking more narrowly, that you set aside whatever the individual judgments you have made, act with the neutrality of your position as officers of the city, and fulfill the city's statutory requirement to provide for the necessary and reasonable expenses of the Charter Commission. There can be nothing more necessary than funds required for defending your legal status to exist. Thank you for inviting me. I am happy to try to answer any questions. 4 {~ JACK W. CLINTON, P.A. ATTORNEY AT LAW JACK W. CuNTON~ CATI-n.EEN L R~GxARDs LEGAL ASSISTANT CURRELl CENTRE. SUITE 200 7616 CURREL.L BOULEVARD WO~DBURY, MINNESOTA 55125 May 17, 2005 City of Eagan Attn: Mr. Thomas Hedges City Administrator 3.830 Pilot Knob Road Eagan, MN 55122 Re: Eagan Charter Commission Expenditure Dear Mr. Hedges: RECEIVED MAY 1 8 2bQ5 $Y: TELEPHONE: 651-2643077 FAx: 651-264-307F Robert Bauer contacted me requesting an opinion concerning the Eagan Charter Commission expenditure. I have been provided with and I have reviewed the following information that is the basis for my opinion: 1) The brochure from the Charter Commission entztIed "Eagan Charter Local Self- - .Government". . Z) The memorandum from the City Attorney's office dated October 21, 2004. 3) The letter from the Dakota County Attorney dated October 1, 2002 regarding Independent School District No. 196 Fair Campaign Practices Act Complaint. 4) The letter from John Felde, Chair of the Eagan Charter Commission dated Apri129, 2005. 5) McTno to the Mayor and Council from the City Administrator dated May 2, 2005. Independent of the foregoing documents, I reviewed pertinent information concerning the Charter Commission, the Attorney General's opinion referenced in Mr. Felde's letter to the City, and the summary of a 1962 Attorney General's opinion addressing proper expenditure. I have not had~any involvement in the issues arising out of this matter either on behalf of the City, or the Charter. Commission. The question that I have been asked to address is whether the document lsroduced:and distributed by the Charter Commission is factual,.or if it was an endorsement of the ballot question. ~ ~ ~ ~~ For the reasons. sef out.below, it is my,conclusion that reading the flyer as. a whole,, it endorsed the adoption. of the Charter, and it was not confined to factual statements..:. , ~. ,~ .: ;_ , ' ~ , ,. ,' ~3 ~CERTIFlED AS A REAL PROPERTY LAW SPECIALIST BY MIN ESOTA STATE BAR ASSOCIATION The letter from the Charter Commission Chair details the comnussion's position. The County Attorney's letter contains a detailed analysis and reference to authorities dealing with expenditure of funds in the context of supporting a bond issue. I will not repeat all of that information here, but I reviewed that authority in detail. The law on this point is limited. The same Hiles governing the bond issue govern the Charter Commission expenditure of funds. The handbook from Minnesota Cities referencing an attorney general's opinion states in Chapter 25C: "City officials should be cazeful not to endorse or campaign in favor of the band election. Any published materials should be confined to factual statements about the project to be financed. Campaigning should be left to citizen's groups. (reference to A.G. Op. 159a-3 {May 25, 1962)." I read the flyer in the context of the authorities in the County Attorney's letter and my own reseazch. I have no vested interest in whether the charter is adopted or not. In viewing the flyer as a whole, it is my opinion that the presentation of the information was done in a manner that a charter city was more favorable and acitizen/resident preferred form over a statutory city. The comparison chart and in the section entitled "Fasts" there aze several items which would indicate that a charter city is the preferred form over a statutory city. There aze statements in the flyer that are strictly factual in nature, but the document as a whole and the way the comparisons and fact statements were presented, give a strong impression that the charter city is a better form of government that is endorsed by the Charter Commission. In conclusion, it is my opinion that the materials were not confined to "factual statements" regarding_the ballot question. Please contact me should there by any further questions. Very truly yours, JAC LIF 4-t Jack W. Cl' ton ~ I~ City of Eagan Pat Geagan MAYOR ~99l~ Carlson Lyndee Fields Mke Maguire Meg Tipey CouNCa~ MorBERs Thomas Hedges Cmr Aoww~sTRaTOR MuNK~A~ CENTER 3B30 Pitt Knob Road Eagan, MN 55122-1610 651.675.5000 phone 651.675.5012 faz 651.454.8535 TDD MAWTENANCE FACglrtt 3501 Coachman Point Eagan, MN 55122 651.675.53D0 phone 651.675.5360 fax fi51.454.8535 TDD www.eityofeagan.com THE LANE OAK TREE The symbol of strength and growth in our community. March 3, 2005 Ms. Betty Fedde Chair, Eagan Charter Commission 1662 Norwood Drive Eagan, MN 55122 Dear Betsy: Please find enclosed a summary of the Eagan Charter Commission 2004 disbursements. i have prepared the summary from the material supplied to me by Michael Dean and am in agreement that the receipts, disbursements, and cash balances all reconcile. Before authorizing a new advance of $1,500 for 2005, the City Council has directed me to request additional documentation for the $958.16 of 2004 expenditures for the design, artwork, printing, and distribution of the material related to the Charter election. Absent clear documentation that these expenditures were made for a public purpose and that there is specific or implied authority for the expenditures found in State Law, the City Council is requesting that this dollar amount of $958.16 plus the unexpended balance of $219.38 ($1,177.54 total) be returned to the City before the 2005 advance is authorized. Therefore, would you please provide me with the additional documentation for review or make arrangements for reimbursement to the City. Thank you for your assistance with this matter. Sincerely, Gene V anOverbeke Director of Administrative Services cc: Michael Dean, Treasurer, Eagan Charter Commission Tom Hedges, City Administrator Enclosure m ~3~ 10-Feb-OS Fagan Charter Commission 2004 Disbursements BY Classsific~tion ~ Cash Balance Cash Atfvanoe $1,500.00 Summary of Disbursements: .Bank Charges (12 months @$6.00) $ 7200 Printing/Copying 157.21 Office Supplies 2276 Postage & Stamps 70.49 Faafities Rental Check Printing Reference Materials DesigN~utwcrk/Printing/Distribution Charter Election Material 958.16 Total Dtstwrsements $1,280.62 Balance Due City Per Fagan Charter Commission $ 219.38 ~ 137 Page 1 of 1 Gene VanOverbeke From: Betty Fedde [bettyf~ironwoodelectronics.comj Sent: Saturday, March 05, 2005 11:51 AM To: Gene VanOverbeke Cc: 'rr~chaeidean@attneY; 'Jon Feke ;Robert Kane Sub)ec~ Letter 313105 Gene, I have received the biter form the city dated March 3, 2005. The letter does not specify what additional documents are being requested for review. The Commission would be glad to oomply with the additional documents when they are specified. To the best of my knowledge you have ail receipts in your possession that total the $958.16 for the educational purpose in question. I wiq come tD City Haft to pick up the Eagan Charter Comrrussion financial records the rooming of Monday, March 7, 2005. The Eagan Charter Commission would Gke to make arrangements for the reimbursement of $219.38 and the payment by the city of the $1500.00 by the 23 of Mardi, 2005. Members of the Commission are available to meet with aiy administrators and counal to civilly resolve this issue. Regards, Betty Fedde Chair Eagan Charter Commission 3/10/2045 ~, ~13~ Page 1 of 1 Gene VanOverbeke From: Gene VanOverbeke Sent: Wednesday, Mare 09, 2005 4:30 PM To: 'Betty Fedde' Cc: Tom Hedges Subject: RE: Leiter on March 3, 2005 a- Betsy, At the March 1, 2005 listening session the City Counal directed me to write a letter to the Charter Commission. As noted in that fetter, dated March 3, 2005, the City Counal is requesting clear documerrtation that the expenditures in question were made for a public purpose and that there is speafic or implied authority for the expenditures found in State Law. In our conversation I made reference to the opinion by the City Attorney contained in his memo of October 21, 2004, a copy of which was previously provided to you. The City Council is not required to take formal action to provide work direction to staff, consequently it is not always completed as a part of a formal agenda item, nor is there necessarily a vote associated with the direction. The purpose of the letter was to invite the Charter Commission to `give their side of the story." Thanks, Gene Gene VanOverbeke Director of Administrative Services Phone: 651-675-5016 Fax: 651-675-5012 Email: gvanoverbeke~cifyofeagan.com -Original Message- Frotn: Betty Fedde [mailbo:betiyfC~ironwoodefectronics.com] Sent: Wednesday, March 09, 2005 2:02 PM To: Gene VanOverbeke Cc: Tom Hedges ' Subjeci~ Letter on March 3, 2005 Importance: High Gene, I would Gke some clarification on the origination of the letter dated March 3, 2005. You said there was discussion at a listening session which occurs before Counal meeting and a reference to an "opinion" by the city attorney. The council cannot do business at a listening session correct? So ff the City Counal is requesting the reimbursement of the $358.18 should there not have been a motion and vote to request the monies? Did aq Counal members agree? Why was there not a motion and a vote? tf it was a listening session why were the Charter Commission members not notified to give the other side of the story? Can one person on the Counal arhib~arify deade to do something? These are some issues the Eagan Charter Commission would tike answered before our meeting tonight Regards, Betty Fedde Chair Eagan Charter Comrrdssion 3/9/2005 - ~ ~3~ 1662 Norwood Drive Eagan, MN $5122 Ciry of Eagan 3830 Pilot Knob Road Eagan, MN 55122 March 10, 2005 Dear Mr. Hedges, Mr. VanOverbeke and City Council, In response to your letter requesting "additional documentation" dated March 3, 2005, I am enclosing minutes from the Eagan Charter Commission dated August 11, 2004 and September 8, 2004. This educational flyer was composed to educate the citizens of Eagan as a reasonable and necessary expense in accordance with Minnesota Statutes 2000, chapter 410.06 as attached. The Eagan Charter Commission requests the funds of $1500.00. The Eagan Charter Commission will reimburse the city for $219.38 due for fiscal year 2004. As always, commission members are available to meet with the City Council to discuss this issue. Best Re ds ~~ Bett 'Fedde Chair Eagan Charter Commission ~ l~ - Minutes Page 1 of 1 38~' Meeting Eagan Charter Commission Vescott Literary August 11, 2004 I. Call to Order. The meeting was called to order at 6:30 PM. II. Roll Call Members Present: B. Fedde, J. Fedde, J. Gregory, E. Hedtke, P. Hurd (amved after roll call), R Kane, K. Lail, D. Olson, D. Richards, B. Schmidt, A. Seaberg. Absent: M. Dean, D. Keller. Also Present: Paul Bakken, who was reviewing Charter documents during the meeting, and a reporter from the Star Tribune. III. Minutes. Upon motion of D. Richards, seconded by E. Hedtke, the minutes of the August meeting were approved. 1V. Treasurer's Report. Balance of $1207.54. Motion by R Kane, seconded by K. Lail, that the report be filed for audit. Without objection, the treasurer's report was to be filed for audit. The Chair asked if there were any objections to purchase a copy of the Access to Democracy videotape for the Charter Commission for $12.95. It would be available for those who have no access to cable television. No one objected. Patti Hurd arrived. V. Commission Reports. The chair reported that the city council had met on July 2A to vote to place the charter on the November ballot. J. Gregory, B. Schmidt, D. Olson, and B. Fedde attended the meeting. VI. Unfinished Business. The commission discussed the request for documents submitted by Paul Bakken. D. Richards asked Mr. Bakken a question. E. Hedtke asked the chair not to allow questions to Mr. Bakken as he was simply there to review documents. Nevertheless Bakken agreed to answer the question and spoke to the issue of document access. His request was not meant to impugn anyone's integrity. After a discussion about the need to educate the public on the Charter, D. Richards, P. Hurd, K. Lail agreed to work with the chair to draft an educational brochure. J. Gregory volunteered to find speaking dates for members of the commission. B. Schmidt moved to adjourn; seconded by D. Olson. The meeting adjourned at 8:10 pm. Respectfully Subnritted, Jon R Fedde, Secretary http://wvv~~v. charterforeagan. com~81104.htm1 ~ ~~~ 3/7/2005 Minutes Page 1 of 1 39~' Meeting Eagan Charter Commission Wescott Library September 8, 2004 I. Call to Order. The meeting was called to order at 6:40 PM. II. Roll Call Members Present: M. Dean (arrived late), B. Fedde, J. Felde, E. Hedtke, P. Hurd, K. Lail (arrived late), D. Olson, D. Richazds, A. Seaberg. Absent: D. Keller, J. Gregory, R Kane, B. Schmidt III. Minutes. Upon motion of A. Seaberg and a second by P. Hurd the minutes of the meeting of August 11 were approved without objection. IV. Treasurer's Report. Balance of $1201.54. Motion by D. Richards, seconded by D. Olson, that the report be filed for audit. Without objection, the treasurer's report was to be filed for audit. V. Commission Reports. Chairman Fedde asked for members to speak at three different community forums. The Rotary invited us to send two representatives for a September 22 meeting. Eric Hedtke agreed to appear with Betty Fedde. Patti Hurd agreed to appear before the Chamber of Commerce; and Michael Dean offered to appeaz with her if it was allowed. Eric Hedtke and Dee Richards agreed to appear at the League of Women Voters' forum on Monday October 4. Eric needed to check his schedule. VI. Unfinished Business. M. Dean moved that the Commission approve the educational brochure developed by the subcommittee as amended during the meeting. Eric seconded the motion. The motion was adopted unanimously. ' M. Dean moved to paint 10,000 copies of the brochure but withdrew his motion. M. Dean then moved that we spend up to $700 to print the educational brochure for distribution. K. Lail seconded the motion. Those in favor: M. Dean, B. Fedde, P. Hurd, K. Lail, D. Olson, D. Richards, A. Seaberg. Abstain: J. Felde. Motion carried. P. Hurd moved that we set up a web page to put the pamphlet on-line, budgeting up to $100 for this effort at public education. J. Felde seconded. Those in favor: M. Dean, B. Fedde, J. Felde, P. Hurd, K. Lail, D. Olson, D. Richards, A. Seaberg. Motion carried. Chairman Fedde said that the commission would meet in October and that the Annual Report should be prepared for the November meeting. D. Richards moved to adjourned. Seconded by P. Hurd. Motion passed without objection. Meeting adjourned at 8PM. Respectfully Submitted, Jon R. Felde, Secretary a an. m 948 4.htm1 http://www.charterfore g co /4 0 ~ ~-a 3 /7/2005 Subd. 5. Dischazge. If the charter commission of a statutory city determines that a charter is not necessary or _ desirable, the commission may be discharged by a vote of three-fourths of its members. Another commission may not be formed sooner than one yeaz from the date of discharge. HIST: (1269) RL s 749; 1909 c 423; 1913 c 535 s 1; 1949 c 210 s 1; 1959 c 305 s 5; 1961 c 608 s 1; Fx1967 c 33 s 1; 1971 c 208 s 1-3; 1973 c 123 art S s 7; 1976 c 44 s 20; 1979 c 330 s 3; 1986 c 444; 1 Sp1986 c 3 art i s 82; 1987 c 51 s 1 410.06 Compensation; expenses. The members of such commission shall receive no compensation, but the commission may employ an attorney and other personnel to assist in framing such charter, and any amendment or revision thereof, and the reasonable compensation . and the cost of printing such charter, or any amendment or revision thereof, when so directed by the commission, shall be paid by such city. The amount of reasonable and necessary charter commission expenses that shall be so paid by the city shall not exceed in any one year the sum of $10,000 for a first class city and $1,500 for any other city; but the council may authorize such additional charter commission expenses as it ~~ deems necessary. Other statuto and charter o " ' °.quiring budgeting of, or limitin a nditures do not a ly ., c commission expenses. The council may levy a tax in excess o c tax limitations to pay such expenses. HIST: (1270) RL s 750; 1907 c 216 s 1; 1947 c 406 s 1; 1959 c 305 s 5; 1961 c 608 s 2; 1973 c 123 art 5 s 7; 1994 c 505 azt 3 s8 410.07- Determination of desirability; framing charter. As soon as practicable after such appointment, the charter commission shall deliver to the clerk of the city either (1) its report determ;n;ng that a home Wile charter for the city is not necessary or desirable, or (2) the draft of a proposed charter, in either case signed b at least a majority of its members. ~. uc s all fix the corporate name and the boundaries of the proposed city, and provide for a mayor, and for a council to be elected by the people. Subject to the limitations in this chapter provided, it may provide for any scheme of municipal e government not inconsistent with the constitution, and may -, provide for the establishment and administration of all 5 ~ 143 May 11, 2005 Honorable Richard G. Spicer Dakota County District Judge 1560 Highway 55 Hastings, Minnesota ,55033 Dear Judge Spicer: I am writing as chair of the Eagan Charter Commission to follow up on my March 14 letter to you regarding reappointments. I mentioned there that David Keller had chosen not to be reappointed. A vacancy was thus created, which should be filled after proper posting by the city. I believe that you may have received an application, but to my knowledge there has been no official notice posted. We would request that you notify the city of Eagan of your intention to appoint someone to the Eagan Charter Commission pursuant to Minn. Stat. 410.05 following an open application period. The order of Judge Metzen, dated January 29, 2001 directs the city to undertake advertising of charter commission openings in the local newspaper at city expense, as well as on the city's television station and web page. We would appreciate your notifying the city these requirements. Thank you for your attention to this matter. Sincerely, Jon Felde Chair, Eagan Charter Commission EC: Thomas Hedges, Eagan City Administrator ra ~~ Hoisington Koegler Group Inc. TO: Study Advisory Committee FROM: Rusty Fifield SUBJECT: Results of Development Scenario Evaluations DATE: May 26, 2005 The next meeting the Study Advisory Committee for the NE Eagan Land Lase Study takes place on Thursday, June 2. The meeting begins at 5:30 p.m, at City Hall. This memo summarizes the results of the evaluation exercise completed by the Study Advisory Committee (SAC). The purpose of the evaluation exercise was three-fold: Provide a framework for assisting the Committee in processing the information created in the study process. Provide a consistent approach for an assessment of the development scenarios by each Committee member. • Create information that can be used to prepare fmdings and recommendations of the Committee. The June 2 meeting will be used for discussion by the Committee of the exercise results. The objective of the meeting will be to reach consensus on findings and recommendations to be sent to the City Council. The exercise results show "what" but not "why". Part of your discussion needs to involve the identification of the factors that shaped your evaluation. It is important to include these factors in your report to the City Council. I will use the results of the June 2 meeting to draft a report that presents the fmdings and recommendations of the Study Advisory Committee. My hope is that the Committee will be able use the June 23 meeting to agree on the contents of this report and approve it for distribution to the City Council. Public Input As the first item of business at the June 2 meeting, I will ask the Committee to set the parameters for public participation in this meeting. Do you wish to receive public comments as part of your deliberations? If so, at what point(s) in the meeting? In previous meetings, the public (people at the meetings not on the Committee) have been given the opportunity to make comments and ask questions after Committee discussion of topics. This approach may be more difficult to apply to your discussion of the evaluation exercise and the formulation of findings. One option would be to allow comments at the beginning of the meeting (before your discussion) and later in the meeting prior to making any decisions. It is the Committee's prerogative to eliminate public input from this meeting if you do not believe that it contributes to your decision making process. You must decide if other perspectives will help you in using the results of the evaluation. If not, then the meeting should be used solely for Committee discussions. Other 123 North Third Street, Suite 100, Minneapolis, MN 5 5401-1 65 9 Ph (612) 338-0800 Fx (612) 338-6838 www.hkgi.com Direct (612) 252-7]33 Email rusty@hkgi.com 1~ Resulu of Development Scenario Evaluations May 26, 2005 Page 2 interested parties may still submit written comments to the Committee before yow final meeting/action and to the City Council as the Council considers your recommendations. Observations My role in the NE Eagan Land LIse Study involves both facilitation and technical assistance. It is appropriate to offer some observations about the results of the Committee evaluations. These comments are not intended to serve as a recommendation. The Committee members must draw their own conclusions future land use in the NE Eagan Area. My review of the evaluation exercises finds support for the Current Comprehensive Plan (development scenario # 1). Several factors support this conclusion: 1. The top five evaluation factors received an average rating of 3.9 or higher: • Land use conflicts with airport noise (4.4) • Compatibility with existing land uses (4.3) • Traffic congestion (4.2) • City-wide airport noise management plans (4.0) • Provide land For job-producing development (3.9) These factors were determined to be the most important in evaluating future land use in the NE Eagan Area. 2. As most important, these five factors should be the first criteria applied to each of the development scenarios. In each of these categories except traffic congestion, the Current Comprehensive Plan sce- nario (# I) stood out as the preferred land use pattern. It received an average positive rating (both initial and adjusted) in excess of 4.0. For each of these factors, there is a notable gap between the rating of the Current Comprehensive Plan and the second highest rated option. Six of the eight Committee members included an evaluation of traffic congestion. In these evaluations, all of the development scenarios produced generally negative assessments (2.6 or less). There is not a clear distinction be- tween the evaluated implications of the scenarios. 3. The next three factors received an average rating of 3.5 and 3.6: • Compatibility with planned land use in IGH • Net financial impact to City • Fit with natural features of property The financial impact and natural features factors both received one rating of 5 (high importance). The results of the evaluation exercise for these factors do not show a clear preference for one of the development scenarios. The remainder of the memo summarizes the results of the evaluation exercises. Do not hesitate to call or email prior to the meeting if you have questions about this information. 1~ Results of Development Scenario Eva]uations May 26, 2005 Page 3 Weighting of Factors The evaluation began with an overall weighting of the evaluation factors. Committee members were instructed to determine the relative importance of each factor to the overall evaluation of development scenarios for NE Eagan. Importance was measured on a scale of 1 (low) to 5 (high). The chart below shows how the Committee assessed the relative importance of each factor. Two of the Committee members chose not to include traffic congestion in their evaluations. This alterna- tive was given to the Committee at the May 5 meeting. 0 1 2 3 4 5 4 4 Land use conflicts with airport noise bil i h i i l d . ex ng an uses Compati ity w t st 43 42 Traffic congestion City-wide airport noise management plans Provide land forjob-producing development 3 4.0 9 Compatibility with planned land use in IGH Net financial impact to City 3.6 3.6 Fit with natural features of property 35 Park and trail improvements 33 t 3 Consistency with property owner plans • 3 t Municipal utility systems • 3 t Market demand for proposed development Financial impacts on school districts Provide land for new housing ~~ 28 • Evaluation Framework Each of the four alternative development scenarios was evaluated separately. The evaluations consisted of four parts: 1. Initial evaluation of the scenario using the on a scale of 1 (negative) to 5 (positive). 2. Ability to mitigate the impacts on a on a scale of 1 (limited) to 5 (significant) or Not Known. Both Not Known and blank responses were scored as zero. 3. Public costs of mitigation on a scale of 1 (limited) to 5 (significant) or Not Known. Both Not Known and blank responses were scored as zero. 4. Adjusted evaluation of the scenario (considering effects and costs of mitigation) on a scale of 1 (negative) to 5 (positive). One of the evaluations did not include an adjusted evaluation for any of l~1 Results (Development Scenario Evaluations iL1ay 26, 2005 Page 4 Land use conflicts with airport noise 0.0 #1 CurrentComprehensive Plan #2 Loan Oak/Laukka-Beck - Adjusted #3 New Interchange #4 Housing in Core Compatibility with existing land uses 0.0 #t Current Comprehensive Plan p2 Loan OaklLaukka-Beck- Adjusted #3 New Interctange #4 Housing in Core Traffic congestion 0.0 #t CurrentComprehensive Plan #2 Loan Oak/Laukka-Beck - Adjusted #3 New Interchange #4 Housing in Core ^ Initial l7 Adjusted ^ Initial Adjusted ^ Initial Adjusted i~ 1.0 2.0 3.0 4.0 5.0 1.0 2A 3A 4A S.0 1.0 2.0 3.0 4.0 S.0 Resulu of Development Scenario Evaluations May 26, 2005 Page 5 City-wide airport noise management plans 0.0 1.0 %t Current Comprehensive Plan %2 Loan Oak/Laukka-Beck- Adjusted %3 New Interchange %4 Housing in Core Provide land forjob producing development 0.0 1 A %t Current Comprehensive Plan %2 Loan Oak/Laukka-Beck- Adjusted %3 New Interchange %4 Housing in Core Compatibilitywith planned land use in IGH OA %1 Current Comprehensive Plan a2 Loan OaWLaukka-Beck - Adjusted %3 New Interchange %4 Housing in Core ^ In itial B Adjusted ^ In itial DAdjusted ^Initial p Adjusted I`l~q 2A 3A 4A SA 2A 3.0 4A S.0 1 A 2.0 3.0 4.0 5.0 Resulu of Develo pment Scenario Evaluations May 26, 2005 Page 6 Net financial impact to City o.o #1 Cu«ent Comprehensive Plan #2 Loan Oak/Laukka-Beck- Adjusted #3 New Interchange p4 Housing in Core lA 2A 3A 4.0 5.0 3.4 3.6 35 3.1 4 0 . 4.0 4 1 3.7 . Fit with natural features of property 0.0 #1 Current Comprehensive Plan p2 Loan Cwk/Laukka-Beck - Adjusted #3 New Interchange #4 Housing in Core Park and trail improvements 0.0 #1 Current Comprehensive Plan #2 Loan Oak/Laukka-Beck- Adjusted #3 New Interchange #4 Housing in Core ^ Initial O Adjusted ^ Initial Adjusted ^Innial p Adjusted ~~ V 1.0 20 3.0 4A SA lA 2A 3A d.0 5.0 Results fDevelopmentScenarioEvaluations iL1ay 26, 2005 Page 7 Consistencywithpsoperty owner plans 0.0 1A 2.0 3A 4.0 SA Mt Current Comprehensive Plan q2 Loan Oak/Laukka-Beck- Adjusted A3 New Interchange M4 Housing in Core ^ Initial p Adjusted Municipal utility systems 0.0 1A 2A 3.0 4.0 s.0 p1 Cu went Comprehensive Plan A2 Loan Oak/Laukka-Beck- Adjusted tf3 New Interchange iC4 Housing in Core Market demand for proposed development 0.0 lA 2A 3A 4A Al Current Comprehensive Plan t2 Loan Oa k/Laukka-Bedc- Adjusted fl3 New Interchange #4 Housing in Core ^ In itial p Adjusted s.o ^Initial pAdjusted is~ Results fDevelopmentScenarioEvaluotions May 16, 2005 Page 8 Financial impacu on school districts o.o #t Current Comprehensive Plan #2 Loan Oak/Laukka-Beds - Adjuzted q3 New Interchange #a Housing in Core Provide land for new housing 0.0 #t Current Comprehensive Plan q2 Loan Oak/Laukka-Beck - AdJusted q3 New Interchange q4 Housing in Core ^ Initial Adjusted ^ Initial Adjusted 1ST t A z.o s.o a.o s.o 7.0 2A 3.0 4A S.0 Cily of Ea~au Mc~o TO: TOM HEDGES, CITY ADMINISTRATOR FROM: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR DATE: JUNE 6, 2005 SUBJECT: REDEVELOPMENT DISTRICT ACTIVITY UPDATE The following update reflects activity in the City's redevelopment districts. Cedar Grove Redevelopment District • Schafer Richardson Ryland Development Agreement -The staff, consultants, City Attorney and developers continue to make progress on the agreement. A revised goal is to present the agreement for review by the Council Finance Committee and City Council in late June or July. • Acquisition and Relocation Plans -Acquisition and relocation are addressed in the draft development agreement. In addition, discussions are continuing with several property owners regarding City acquisitions from willing sellers within the area. A number of property owners are actively pursuing alternative sites. • Communications Activities -Staff is completing the third issue of the Cedar Grove Gateway, the monthly newsletter update. Website updates also continue. • Nicols Ridge -Construction continues on the model homes for the project. The Council had the opportunity to tour one of the properties as part of its tour of the area and Planning staff will be touring the models next week. • Financing Plans -Staff and the consultants will provide additional information to the Council Finance Committee for the long term financing of the overall project. Northeast Eagan Redevelopment District • Grand Oaks Development -Grading and construction work are underway on the first phase of Grand Oak Five. Staff and the consultants continue to work with TMI Coatings about their relocation to the Terminal Drive property. • McGough Office Project -Staff and McGough continue to clarify details regarding the size range of the project and its effect on tax increment revenue. A final draft development agreement should be ready to present to the City Council/EDA in July. • Retail Development Potential -The developer indicates that purchase agreements are in place for a portion of the property south of Hwy 55 and the developer has been asked to prepare and submit a formal application to permit further review of the project. Southeast Eagan Masterplan • In follow up to the Council direction, Manley Brothers and Revestors have begun to meet separately and with staff to review concept plans for uses and traffic circulation in the area around Red Pine Lane and Biscayne Avenue. They appear ready to.use the same - site planning firm to insure consistency of a master plan, whether one party acts as the developer or each develops a portion of the project. 153 ~. City of Ea~a~ Nano TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JUNE 6, 2005 SUBJECT: ADDITIONAL INFORMATION /JUNE 7, 2005 CITY COUNCIL MEETING The following is additional information for items that appear on the June 7 regular City Council agenda: CONSENT Item N. Authorize Advertisement for Request for Proposals /Water Quality Management Plan -This is on the Public Works Committee meeting agenda for Tuesday, June 7 and, if there are any recommendations forthcoming from the Committee that differ from the draft RFP as it appears on pages 38 - 44 of the City Council packet, this item will be pulled and discussed by either members of the Committee or staff. NEW BUSINESS Item B. Conditional Use Permit -First Industrial - We have received a request from First Industrial to continue consideration of their CUP request to the July 5, 2005 meeting. The letter is attached on page 96A. Item C. Responsible Government Unit (RGU) -Attached on pages l OSA through 105E is a memo from the City Attorney that explains the City's ability, rationale and requirements to function as the Responsible Governmental Unit (RGU) to accommodate the desire of Dakota Electric and Great River Energy to upgrade the existing substation and transmission lines along the Yankee Doodle Road corridor, east of Wescott Woodlands. This information was received subsequent to the packet being run. Thomas L. Hedges City Administrator ^ ' D U S T R I A L FikST INnus7aw. Rtwr-rv TRUST, iNC. 7615 Goltlen mangle Drive Suite N Minneapolis, MN 55344 95?J943-2700 June 3, 2005 Fax 9s2r9a~•eyre Ms. Pamela I)udziak Planner , City of Eagan 3720 Pilot Knob T~toad Eagan, MN 55122-1897 RE: Conditional Use Permit 11-26-08-04-OS Y7ear Parn: 'T'hank you for the significant amount of time that you spent on the phone with me today. Pursuant to our conversation, First industrial would Like to apply for a continuance on our request for a conditional use permit for outside trailer storage at 900 Apollo Road. We would like to move our tinge back one month to the July 5, 2005 Eagan City Council Meeting.. The purpose for our request is two fold: 1. We would like to present plans and layouts that best reflect the vision that we have for the trailer storage. These plans shall take into consideration the concerns expressed in the May 24, 2005 Planning Commission Meeting. It is First industrial's desire to present a plan that addresses the general parking concerns as well as the Commission's concern of storage in Front of the building. 2. As discussed in the May 24, 2005 meeting, First Industrial is currently having discussions with a company that is an Eagan based corporation in regards to leasing or potentially Selling them the building. It is imperative to this company that there is some level of outside storage. It is our goal to submit our request with our prospective tenant's name and explicit plans for theix storage needs at the July Sa` meeting. Again, Feast Industrial appreciates the Eagan Planning Commission and the City Council's review and consideration of our request. Sincerely, J 'sep G en Leasing and Marketing erector ~(o ~, , Z00/Z00'd LB00# xizttsx 'IKITiZSnaHi ,ISt~i3 BLLB E66 256 TZ=9T 500Z~E0'Hnr SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. TO: Jon Hohenstein, Community Development Director Mike Ridley, City Planner FROM: Robert B. Bauer, City Attorney DATE: June 3, 2005 RE: Great River Energy and Dakota Electric Association Request to Upgrade Substation at Yankee Doodle Road and to Further Upgrade Transmission Lines INTRODUCTION Great River Energy ("GRE") and Dakota Electric Association ("DEA") have notified the City of their intent to upgrade the substation and transmission lines that serve the substation located at Yankee Doodle Road. GRE and DEA have indicated that they desire to upgrade the existing 69kv substation and transmission lines to a 115kv substation and transmission lines. GRE and DEA have indicated that the substation will need to be upgraded and rebuilt to handle the 115kv capacity. GRE and DEA, however, have represented that the existing transmission lines will not need to be replaced and that only minor maintenance or repair should be needed to the lines since they are currently capable of handling the 115kv transmission levels. REVIEW PROCESS Ordinarily, the upgrade of a substation and transmission lines would be governed by Minn. Stat. § 116C.57 which gives the Environmental Quality Board ("EQB") the authority to accept, review and approve an application to construct or modify an electric generating plant and associated transmission lines. The high voltage transmission lines have a voltage between 100 and 200kv, as is the case in the present situation, or in a variety of other circumstances, however, the utility company may elect to choose an alternative review process with the EQB. Alternatively, the utility company, such as GRE and DEA, may avoid submitting an application to the EQB by seeking approval from the local units of government that have jurisdiction over the site or the route for approval to build the project as set forth in Minn. Stat. § 116C.576. If local approval is granted, a site or well permit from the EQB is not required. 1~~ Jon Hohenstein, Community Development Director Mike Ridley, City Planner June 3, 2005 Page 2 Based upon the request of GRE and DEA, it is our understanding that GRE and DEA desire to have the City of Eagan govern the approval process set forth in Minn. Stat. § 116C.576. Based upon the scope of the project and the review of Minn. Stat. § 116C.576, subd. 2, it appears that the project proposed by GRE and DEA will fall within the scope of Minn. Stat. § 116C.576 and that the City of Eagan may, if it chooses, elect to serve as the local unit of government having jurisdiction over the project and to determine whether or not to issue a permit. CITY OF EAGAN RESPONSIBILITIES 1. Acceptance or Rejection of the Application. Based upon Minn. Stat. § 116C.576, subd. 1(B), the City must elect whether or not to accept jurisdiction over a project submitted by the utility within 60 days after the utility has made application to the local unit of government. In the event that the City at any time prior to the expiration of 60 days after the utility has made application to the local unit of government. In the event that the City at any time prior to the expiration of 60 days from the date of application desires to refer this matter to the EQB, the City of Eagan can choose to relinquish jurisdiction and submit the project to the jurisdiction of the EQB. In the event that the City determines that, even though it may have jurisdiction over the applicable project, it has no ordinances or other provisions for reviewing or authorizing the construction of the project or has no capability of preparing the environmental assessment on the project, then the City must refer the matter to the EQB for review. Minn. R. 400.5000, subd. 6. Based upon the various projects handled by the City of Eagan in other instances, it is likely that the City could certainly handle the scope of the proposed project. 2. Notification Requirements. Within ten days after submission of the application to the local unit of government for the approval of an eligible project, the utility company must notify the EQB that the utility company has elected to seek local approval of the proposed project. Minn. Stat. §116C.576, subd.3. In this case, GRE and DEA must notify the EQB within ten days after submitting their application to the City of Eagan. 3. Review Process by the City. Statute and the Minnesota Rules granting authority to the local unit of government do not establish a certain specific process for the approval of the proposed project and it appears that much of those approvals are left to the discretion of the local unit of government. The statutes and the Minnesota Rules, however, appear to be substantially similar to the process available to the utility company had it submitted its application to the EQB under the alternative permitting process. For your convenience, I have attached a flow chart that explains the EQB alternative permitting process. Although no specific process is established, the City would be required to take the following actions in reviewing and approving the application by GRE and DEA: A. Environmental Review. Any local unit of government that maintains jurisdiction over a qualifying project must prepare or cause to be prepared an environmental ~~ a Jon Hohenstein, Community Development Director Mike Ridley, City Planner June 3, 2005 Page 3 assessment of the project. Minn. R. 4400.5000, subd. 5. The environmental assessment should contain information on the human and environmental impacts of the proposed project and should also address the mitigating measures for the site or routes considered. It does not appear from the statutes or the rules that any specific requirements are necessary concerning the environmental assessment for the project and ultimately will be left to the discretion of the City. The City, however, must afford the public an opportunity to participate in the development of the scope of the environmental assessment before it is prepazed. Minn. R. 4400.5000. After completion of the environmental assessment, the City must publish notice in the EQB monitor that the environmental assessment is available for review and must also explain how the public can obtain a copy of the document for review and further how the public may comment on the document and the procedures associated with submitting those comments to the City. Minn. R. 4400.5000, subd. 5. Additionally, the City must provide a copy of the environmental assessment to the EQB upon completion of the assessment. -The City may not make a final decision on the permit until at least ten days after notice has appeared in the EQB monitor. Minn. R. 4400.5000. Based upon the continents received from the public, if any, the City has the authority to acquire the utility to do further environmental assessments or take such other steps as the City deems necessary to approve the project. ADVANTAGES TO THE CITY OF EAGAN FOR AGREEING TO UNDERTAKE THE APPROVAL PROCESS It appears that one of the main advantages available to the City of Eagan if it elects to serve as the responsible governmental unit is that the City will be in control of the permitting process. If GRE and DEA made application through the EQB, the City would not have any control over the permitting process as approved by the EQB. If the City of Eagan elects to serve as the responsible government unit, the City will be able to likely have a much greater say in the project itself and to impose any conditions that it deems necessary. The City would also have the ability to have a greater input into the requirements concerning the environmental assessment to be performed by GRE and DEA. Another advantage to the City of Eagan in serving as the government unit comes from the fact that the City would be able to or would readily respond to any comments from the public, including its local citizens, to any concerns regarding the environmental assessment. If the EQB were the responsible government unit for this project and comments were made by local residents on the proposed project, the EQB may or may not have as much concern for the local residents as the City of Eagan. DISADVANTAGES TO THE CITY OF EAGAN FOR AGREEING TO UNDERTAKE THE APPROVAL PROCESS One of the main disadvantages to the City of Eagan for serving as the responsible government unit for this project would likely arise from any controversy regarding the improvement project. I~SC., Jon Hohenstein, Community Development Director Mike Ridley, City Planner June 3, 2005 Page 4 CONCLUSION Based upon the statutes and Minnesota Rules, it appears that the City has the authority to choose to be the responsible government unit to approve the project submitted by GRE and DEA. If the Council elects to accept jurisdiction, it should be conditional upon the Applicant reimbursing the City for all expenses associated with the application, including staff time, attorneys' fees and charges for any outside consultants. SAL/j It ~~~ HVTL Route and Power Plant Site Approved Decernaer 19, zooz AI#ernative* Permitting Process Minn. Rute 4400.2000 th 4400.2900 Appiicabon Submitted Application [Chair has 10 days to accept ar reject Rejected Days After Acceptance 0 Application Accepted Notice within 16 days after submission of Application Advisory Task Forc (Discretionary) "Utility Options for Alternative Review HVTLs between 1 t10 and 209 kV Eq Pub[ic Meeting • [iVTLs over 200 kV and less than 6 miles in Scoping length or at feast 80°k located on existing Process HVTL right-of-way • HVTL between 200 and 300 kV serving one customer and less than 10 miles in length • HVTL rerouting for a single customer where ~p EA grope at least 80 % of the rerouted line will lac located on property owned ar controlled by the customer or to the owner of the line • Large electric power generating plarrts with a capacity of less than 80 megawatts • Large electric power generating plants that are fueled with natural gas 90 FJ1 Public Hearing 120 180 ~ Baard Decision 2i0 ~ State Register I Judicial Review I 1~~