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08/01/2005 - City Council Regular 1 AGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING August 1, 2005 6:30 P.M. 1. ROLL CALL & PLEDGE OF ALLEGIANCE 11. ADOPT AGENDA (At approximately 8: 00 p. m. the Council will take a short recess) III. RECOGNITIONS & PRESENTATIONS IV. CONSENT AGENDA A. APPROVE MINUTES B. PERSONNEL ITEMS C. CHECK REGISTERS 'o i D. APPROVE Refuse / Recycling Hauler License for Allied Waste Industries D~IV. APPROVE Tobacco License for Pakou Vang (E&M Liquor) /(OF. APPROVE Resolution accepting $1,500 donation from Ecolab, Inc. g G. APPROVE Fiscal Advisory Services Consulting Firms /t H. APPROVE Temporary On-sale Liquor License and waive license fee for the Southwest Area YMCA ~APPROVE Resolution of Reconveyance of Tax Forfeit Parcel (10-13700-030-01) Lot 3, Block 1 of Barton McGray Addition to the State of Minnesota ADOPT Supplemental Assessment Role, Project 809 (Blue Gentian Road - Streets and Utilities) K. APPROVE Change Order #2, Contract 04-05 (Well #20) 34 33 L. ADOPT Resolution designating the City Administrator to authorize Intrastate Mutual Aid Agreements Utilizing the National Incident Management Systems 3SM. APPROVE Final Planned Development and Final Subdivision - Manley Land Development - Homestead Village - A Final Planned Development of 7.3 acres to create nine (9) twin homes. A final Subdivision of 7.3 acres to create nine (9) twin home lots and one (1) outlot in the SE 114 of Section 36. r'36 N. APPROVE Final Subdivision and Final Planned Development - Toll Brothers - Steeplechase - A Final Subdivision to create 55 lots and 5 outlots for 37 single family and 58 townhomes. A Final Planned Development of 37 acres to create 37 single family homes and 58 townhomes located at 4889 Pilot Knob Road in the SE '/4 of Section 33. O. APPROVE comments regarding the Northwest Inver Grove Heights Alternative Urban Areawide Assessment P. APPROVE Application for SAFER Grant - Staffing for Adequate Fire and Emergency Response Grant Q. APPROVE antennae lease agreements for Voice Stream Communications (Southern Lakes Water Tower) R. AUTHORIZE consulting contract for Water Quality Management Plan Update P S. APPROVE Change Order #3 to Contract #05-05, Cascade Bay Pool. Repairs PST. APPROVE correspondence to Minnesota State Legislative delegation regarding delay in cathode ray tube ban in landfills. V. PUBLIC HEARINGS VI. OLD BUSINESS VII. NEW BUSINESS 0 A. ORDINANCE AMENDMENT - Chapter 5, Wine, Beer and Liquor Licensing and regulation regarding brewpub operations. 3 B. CONDITIONAL USE PERMIT AND FINAL PLAT - Dakota Electric - A Conditional Use Permit for expansion of a substation located in the NE '/4 of Section 14 and acceptance of the EA for the transmission line upgrade. C. CONDITIONAL USE PERMIT - Oak Trust Credit Union - A Conditional Use Permit to allow a pylon sign and a Conditional Use Permit to allow a bank with a drive thru located at 1642 Diffley Road in the NW of Section 28. / D. PLANNED DEVELOPMENT AMENDMENT - Solomon Real Estate Group - Eagan Place - A Planned Development Amendment to allow a 45,000 square foot retailer and two additional building pads for future tenants located at 1225 Town Centre Drive in the NE '/4 of Section 15. E. PLANNED DEVELOPMENT AMENDMENT - JKS Properties LLC - Car Care - A Planned Development U amendment a monument sign in lieu of third building mounted sign located at 1575 Cliff Road in the SW '/4 of Section 28. ?F. PLANNED DEVELOPMENT AMENDMENT - Holiday Stationstore #247 - A Planned Development Amendment to allow outdoor storage and display of water softener salt, ice chest, propane tanks and firewood located at 3615 Pilot Knob Road in the NE'/, of Section 16. G. PLANNED DEVELOPMENT AMENDMENT - Holiday Stationstore #068 - A Planned Development Amendment to allow outdoor storage and display of water softener salt, ice chest, propane tanks and firewood located at 1065 Diffley Road in the SW '/4 of Section 23. 1 qq VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE A. APPROVE Comments regarding the 2015 Environmental Assessment-MSP International Airport IX. NEW RUNWAY/AIRPORT UPDATE X. ADMINISTRATIVE AGENDA a. Comments by City Council, City Administrator, and Department Heads XI. ECONOMIC DEVELOPMENT AUTHORITY 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 p;L DS' C. APPROVE MINUTES D. OLD BUSINESS E. NEW BUSINESS ^ a$ 1. NORTHEAST EAGAN REDEVELOPMENT DISTRICT - Approve First Amendment to of Second Amended and Restated Development Agreement dated-May 4, 2004 relating to Tax Increment Financing District No 24 between the City of Eagan and Grand Oak CR LLC ;L2. PREDEVELOPMENT AGREEMENT between the City, Revestors Corporation and Manley d- Development Relative to the potential redevelopment of the southeast Eagan area bounded by Highway 3, Red Pine Lane, Biscayne Avenue and Gun Club Road. 3 3. CEDAR GROVE REDEVELOPMENT DISTRICT - APPROVE RESOLUTION for Application for Conveyance of a Tax Forfeit Property (Barton McGray Addition, Lot 3 Block 1) from the State of Minnesota to the City of Eagan EDA for Future Sale and Redevelopment X. OTHER BUSINESS XI. ADJOURNMENT XII. VISITORS TO BE HEARD (for those persons not on agenda) XIII. CLOSED SESSION XIV. 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. Ab~ City of Eakan ma To: HONORABLE MAYOR & COUNCILMEMBERS From: CITY ADMINISTRATOR HEDGES Date: JULY 29, 2005 Subject: AGENDA INFORMATION FOR AUGUST 1, 2005 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the August 1, 2005 City Council agenda, the following items are in order for consideration. Agenda Information Memo August 1, 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 July 19, 2005 regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the July 19, 2005 regular City Council meeting are enclosed on pages 3 through. ~R MINUTES OF A REGULAR MEETING OF THE T EAGAN CITY COUNCIL Eagan, Minnesota July 19, 2005 A Listening Session was held July 19, 2005 at 6:00 p.m. prior to the regular City Council meeting. All members of the City Council were present There were no citizens who wished to be heard. Discussion was held regarding the N.O.I.S.E. conference to be held at the Eagan Community Center. Councilmember Fields moved, Councilmember Maguire seconded a motion to provide Eagan lapel pins to the attendees of the N.O.I.S.E. conference. Aye: 5 Nay: 0 A regular meeting of the Eagan City Council was held on July 19, 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 Mike Daugherty and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA City Administrator Hedges noted that the Ward of Excellence from the Minnesota Recreation and Parks Association is continued to the August 1, 2005 meeting due to the presenter not being able to attend this meeting. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS PRESENTATION BY WYLE LABORATORIES - BASELINE NOISE MEASUREMENTS IN PREPARATION FOR THE OPENING OF RUNWAY 17/35 AT THE MINNEAPOLIS / ST. PAUL INTERNATIONAL AIRPORT Clint Morrow, representing Wyle Laboratories, made a presentation regarding the baseline noise study in advance of the opening of Runway 17/35 at MSP International Airport. It was Council consensus that this presentation also be made to the Airports Relations Commission. CLARIFICATION OF LANDSCAPE PLAN - CITY OF EAGAN A presentation was made regarding the landscaping of the Hawthorne Ridge retail development at the northwest intersection of Highway 3 and Diffley Road. The Council had directed that a clarification be presented at a regular Council meeting due to questions raised by a neighboring property owner at a recent Listening Session. CONSENT AGENDA City Administrator Hedges noted that item 4 under Personnel Items would be continued indefinitely. Items F and K were pulled for discussion and separate action. A. Minutes. It was recommended to approve the minutes of the July 5, 2005 regular City Council meeting. B. Personnel Items. 1. It was recommended to approve the hiring of Juli Johnson as Director of Parks and Recreation. 2. It was recommended to approve the hiring of Ben Millman, Kristi Millman, Nick Csargo, Jenny Woelfel, Jill Woelfel, Anne Weston, Sean Bjordahl, Grant Mestnik and Amanda Morin as part- time seasonal private swimming instructors at Cascade Bay. 3. It was recommended to approve the reorganization of the Parks and Recreation Department based on the Virchow Krause recommendation. C. Check Registers. It was recommended to ratify the check registers dated July 7, 2005 and July 14, 2005 as presented. D. National Night Out. It was recommended to adopt proclamation recognizing August 2, 2005, as National Night Out' in the City of Eagan. 3 Eagan City Council Meeting Minutes ^ July 19, 2005 A Page 2 E. Rescheduling of Council meeting. It was recommended to reschedule the August 2, 2005 regular City Council meeting to Monday, August 1, 2005 in recognition of National Night Out. F. (Pulled for discussion) EDA Recommendation. G. Project 923. It was recommended to approve a resolution in support of the request for federal funds under the Surface Transportation Program for Project 923 (TH 149, I-494 to TH 55 - Street Improvements) and authorize the mayor and City Clerk to execute all related documents. H. Final Plat. It was recommended to continue approval of the Final Plat for Halley's 2nd Addition and the Vacation of easements to the September 6, 2005 City Council meeting. 1. Final Plat. It was recommended to approve a Final Plat (Eagan Woods) to create one lot on approximately 1.8 acres located on the northwest comer of Pilot Knob Road and Buffet Way in the NE of Section 4. J. Technology Working Group Appointments. It was recommended to approve the appointments to the Technology Working Group. K. (Pulled for discussion) Northeast Eagan Land Use Study L. Funding - Transportation Improvements. It was recommended to authorize preparation of a policy for the implementation and funding of transportation improvements in the northeast Eagan area to address the needs identified in the traffic studies associated with the Northeast Eagan Land Use Study. M. Agreement. It was recommended to authorize execution of a work order for Braun Intertec to perform Phase I and Phase 2 Environmental Reviews of the Cedar Grove Redevelopment District Core Area. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the balance of the Consent Agenda. Aye: 5 Nay:0 F. EDA Recommendation. Consider recommendation by the Economic Development Commission regarding communication with Excel Energy concerning electrical service reliability and power outages. Councilmember Maguire asked if staff had a report of all the outages that have occurred. Public Works Director Colbert replied that the City is typically not notified whenever a power outage occurs and does not have this historical information. Councilmember Tilley moved, Councilmember Fields seconded a motion that the City adopt a position regarding communication with Xcel Energy in regard to service reliability and power outages and directed staff to request a summary from Xcel Energy of all power outages over the last two years. Aye: 5 Nay: 0 K Northeast Eagan Land Use Study_ Final Report of the Northeast Eagan Land Use Study Advisory Committee. Councilmember Carlson moved, Councilmember Fields seconded a motion to receive the final report of the Northeast Eagan Land Use Study Advisory Committee. Aye: 5 Nay: 0 PUBLIC HEARINGS PROJECT 922, LONE OAK DRIVE / LONE OAK PARKWAY TRAIL IMPROVEMENTS City Administrator Hedges introduced this item regarding Lone Oak Drive / Lone Oak Parkway trail improvements. Traffic Engineer Tim Plath gave a staff report. After additional discussion regarding the alternate segment of trail along Lone Oak Parkway with Public Works Director Colbert, it was the consensus of the Council to postpone construction of this portion of the trail. Mayor Geagan opened the public hearing. Darren Dufresne, representing CSM discussed the need. and their support for the proposed trail and referenced the park and trail dedication fees that they have already paid in addition to the proposed assessments. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Eagan City Council Meeting Minutes July 19, 2005 Page 3 /y Councilmember Carlson moved, Councilmember Maguire seconded a motion to approve Project 922 for only the Lone Oak Drive segment of trail improvements and authorize the preparation of detailed plans and specifications subject to the petitioner (CSM) executing a waiver to any assessment objections up to 110% of the estimated amount contained in the Feasibility Report. Aye: 5 Nay: 0 PROJECT 813 CENTRAL PARKWAY - STREETSCAPING FINAL ASSESSMENT HEARING City Administrator Hedges provided background information on this item regarding the final assessment roll for Central Parkway streetscaping improvements for the Lockheed Martin parcels. Consideration of assessment for the Lockheed Martin parcels was continued from the June 21, 2005 meeting. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. It was the consensus of Council to cancel the assessments as they relate to the Lockheed Martin parcels after review of documentation and video of previous meetings regarding this project. Councilmember Carlson moved, Councilmember Fields seconded a motion to cancel the assessments for Project 813 as they relate to the Lockheed Martin parcels. Aye: 5 Nay: 0 NEW BUSINESS REZONING, PRELIMINARY SUBDIVISION, AND PRELIMINARY PLANNED DEVELOPMENT - CEDARSTONE DEVELOPMENT Councilmember Tilley excused herself for this item. City Administrator Hedges introduced this item regarding the rezoning of five acres from Agriculture to PD, Planned Development, a preliminary subdivision to create nine lots, and a preliminary planned development to create three twin homes and two single family lots, for property located at 1055 Wescott Road. A previous proposal for this property was withdrawn by the applicant at the December 13, 2004 Council meeting. City Planner Ridley gave a staff report, reviewing the changes in the plan. Patrick Plautz, developer and Clark Wicklund of Alliant Engineering made a presentation. Councilmembers discussed the wetland encroachment of one of the units and the length of the driveways. A representative of the surrounding neighborhood stated they felt the plan has improved but will be providing a list of written concerns to staff. Councilmember Fields moved, Councilmember Maguire seconded a motion to continue consideration of a rezoning, preliminary subdivision, and preliminary planned development (Cedarstone) until the August 16, 2005 Council meeting. Aye: 4 Nay: 0 WAIVER OF SUBDIVISION - TIM MCCORMICK 4583 AND 4577 CANTEBURY CIRCLE City Administrator Hedges introduced this item regarding a request for waiver of subdivision requirements to shift the lot line between Lots 19 and 20, Block 2, Ches Mar East I" Addition, located at 4583 and 4577 Cantebury Circle. City Planner Ridley gave a staff report. Councilmember Maguire moved, Councilmember Fields seconded a motion to approve a Waiver of Subdivision requirements to shift the lot line between Lots 19 and 20, Block 2, Ches Mar East I 't Addition, located at 4583 and 4577 Cantebury Circle, in the SW '/4 of Section 26, subject to the following conditions: Aye: 5 Nay: 0 ~R T Eagan City Council Meeting Minutes July 19, 2005 Page 4 1. The applicant shall file with the County Auditor a lot combination to combine Lot 19 with the southerly portion of Lot 20, Block 2, Ches Mar East I" Addition, for tax purposes, and proof of the filing shall be submitted to the City within 60 days following City Council approval of the Waiver. The regular City Council meeting was recessed at 8:45 p.m. and a meeting of the Economic Development Authority was immediately convened. The regular City Council meeting was reconvened at 8:50 p.m ADMINISTRATIVE AGENDA REDEVELOPMENT DISTRICT UPDATE Community Development Director Hohenstein provided an update regarding the City's redevelopment districts. Councilmember Maguire asked that discussion of the Comprehensive Guide in regard to low density be placed on a future Council workshop agenda. VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the regular City Council meeting at 9:00 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. Agenda Information Memo August 1, 2005 Eagan City Council Meeting B. PERSONNEL ITEMS There are no Personnel Items to be considered at this time. Agenda Information Memo August 1, 2005 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated July 21, 2005 and July 28, 2005 as presented. FACTS (Specific to the July 28, 2005 Check Register): • At the June 7 meeting the City Council directed that Eagan Charter Commission expenses will be reimbursed by the City on an invoice basis upon approval by the City Council. • An email from Betty Fedde, Eagan Charter Commission Secretary, has been received requesting reimbursement for two Charter Commission expenses. • Staff has processed the $4.19 reimbursement request for envelopes. • Staff has not processed the $200.00 reimbursement request for the consulting fee from Callies Law, since the request was previously denied in official Council action at the June 7, 2005 meeting. • Through the normal course of business a check for the $4.19 has been produced and is included on the check register dated July 28, 2005, but will not be released without Council approval. • If the City Council would like to deny payment, or vote separately on it, the claim should be removed and considered apart from the balance of the claims list. The July 21, 2005 check register and the remainder of the July 28, 2005 check register can be considered with one action and this specific Charter Commission claim can be considered in a separate action. • In the event the City Council desires to reconsider the request for the $200.00 reimbursement for the consulting fee from Callies Law, appropriate direction should be given to staff. The City Council has previously been provided with copies of the City correspondence informing the Commission of the decision not to reimburse as well as a subsequent response from the Charter Commission. ATTACHMENTS: • Check registers dated July 21, 2005 and July 28, 2005 are enclosed without page number. • Enclosed on page ~ is the e-mail from Betty Fedde. E Page 1 of 1 Gene VanOverbeke From: Betty Fedde [bettyf@ironwoodelectronics.com] Sent: Monday, July 11, 20051:06 PM To: Gene VanOverbeke Subject: Request for check Importance: High From: Eagan Charter Commission Betty Fedde, Sec. 1662 Norwood Drive Eagan, MN 55122 To: Gene VanOverbeke City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Amount: $204.19 Payee: Betty Fedde 1662 Norwood Drive Eagan, MN 55122 Re: Number 10 envelopes and consulting fee from Callies Law. I have copies of receipts. Please process and have available as soon as possible. I will present the receipt when I pick up the check. Please let me know when this item will be placed on the City Council agenda This expenditure per Minnesota statute 410 is a reasonable and necessary charter commission expense and has been approved for payment by the Eagan Charter Commission. Betty Fedde Secretary Eagan Charter Commission 7/25/2005 Agenda Memo August 1, 2005 Regular City Council Meeting CONSENT AGENDA: D. Refuse / Recycling Hauler License - Allied Waste Industries of the Twin Cities ACTION TO BE CONSIDERED: Approve Refuse / Recycling Hauler License for Allied Waste Industries of the Twin Cities (formerly BFI Waste Systems) FACTS: • A Refuse / Recycling Hauler License was issued in January, 2005 for BFI Waste Systems. • Due to an internal restructuring, it has been requested that the license for BFI be transferred to Allied Waste Services. • Current management and personnel of the local operation will not be affected by the restructuring and reassignment of the license. • The City Code provides that any transfer of a garbage, refuse and recycling haulers license must be accomplished by filing a new application with the City for consideration and approval by the City Council. • All requirements of the application have been met and staff deems the license in order for approval. ATTACHMENTS: • A copy of the request by Allied Waste Services of North America is attached as page • A copy of a memo dated June 13, 2005 from the City At orney's office addressing the request for transfer of license is attached as pages - Waste ►te AAM Services ALLIED WASTE SERVICES FORM OF ASSIGNMENT LETTER ALLIED WASTE SERVICES OF NORTH AMERICA, LLC May 13, 2005 City of Eagan 3830 Pilot Knob road Eagan, MN 55122 - 1897 Re: Renewal of Solid Waste and Recyclers Transporter License To Whom It May Concern:: BFI Waste Systems of North America, Inc. ("BFINA"), a Delaware corporation and an indirect wholly-owned subsidiary of Allied Waste Industries, Inc., a Delaware corporation ("AWI Parent"~ hereby requests that the City of Eagan give written ransporter License and alf consent to an assignment by BFINA of the above-referenced Renewal of Solid Waste and Recyclers Transporter- rights, title and interest therein of BFINA to its subsidiary, Allied Waste Services of North America, LLC ("AWSNA"), a Delaware limited liability company.; AWSNA hereby agrees to assume all responsibilities in compliance with the terms and conditions of the above-referenced Renewal of Solid Waste and Recyclers Transporter License and any liabilities associated therewith This assignment is being requested as a result of AWI Parent's internal efforts to restructm certain of its subsidiaries to be administratively consistent with other existing operations. As part of this subsidiary restructuring project, the membership in AWSNA ultimately will be transferred to Browning-Fens Industries, LLC ("BFILLC"). However, it is important to note that the current management and operations of the various local operations will not be affected by this assignment While the change results from a purely internal transfer of assets and liabilities, the change is in the nature of a name change, in that the ultimate owner of BFINA, AWSNA, and BFILLC remains AWI Parent There will be no change in personnel or any other aspect of the local operations as a result of this administrative adjustment We remain firmly committed to these operations. Any and all amendments to existing financial assurance documents will be forwarded to you as soon as possible. Please confirm your written consent to this assignment by executing this letter as indicated below and returning it to the facility's address located at: 4325 E. 66h Street Inver Grove Heights, MN 55076 Attn: Denise Skaar Should you have any questions or concerns regarding this request, please contact Elaine Kuether, Corporate Paralegal at (480) 627-2370, or the local manager, Richard Sievers, at (651) 286-4560. Sincerely, BFI WASTE SYSTEMS OF NORTH AMERICA, INC. and ALLIED WASTE SERVICES OF NORTH AMERICA, LLC BY: Richard Sievers TITLE: Operations Manager AGREED AND ACCEPTED TO AS OF THE _ DAY OF , 2005. [REFERENCE NAME OF AUTHORITY, CITY OR STATE, ET. A14 BY: TITLE: St. Paul Division • 4325 E. 66th Street • Inver Grove Heights, Minnesota 55076 Phone 651-455-8634 • Fax 651-286-4548 (Operations/Sales) • Fax 651-286-4547 (Administration) • www.awin.com SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. SUITE 600 7300 WEST 147TH STREET APPLE VALLEY, MINNESOTA 55124-7580 (952) 432-3136 TELEFAX NUMBER (952) 432-3780 huuskog@sevownsheldon.com TO: Michael G. Dougherty FROM: Gary L. Huusko DATE: 06/13/05 RE: Assignment of Solid Waste and Recyclers Transporter License Licensee: BFI Waste Systems of North America, Inc. (BFINA) Background: BFINA has asked the City to assign its waste hauler's license to its subsidiary Allied Waste Services of North America, LLC (AWSNA). The letter requesting the assignment indicates that, due to internal transfer of assets and liabilities, a change, in the nature of a name change will occur that requires the license to be assigned to the newly named entity. According to the request letter, there will be no change in personnel or other aspects of the local operations. It is important to note that an entirely new entity has been formed seeking the transfer of the license. The new entity seeking the transferred license, Allied Waste Services of North America, LLC (AWSNA) was formed on November 3, 2004. The letter indicates AWSNA is a subsidiary of BFINA (the existing licensee), which means that BFINA owns a majority of the voting stock of AWSNA. The letter also indicates that, ultimately, the "membership" of AWSNA, LLC (similar to stock in a corporation) will be transferred to Browning-Ferris Industries, LLC (BFILLC), which is an existing Delaware limited liability company, having been formed on October 26, 1970. The letter also states that Allied Waste Industries, Inc. will remain the ultimate owner of BFINA, AWSNA and BFILLC. Finally, although there has been a corporate reorganization, BFI has stated that the reorganization will have no effect on any aspect of current local operations, including no change in personnel. Query: City staff has asked whether the assignment requires City Council approval. Response: The Eagan City Code addresses transfers of licenses issued by the City, including solid waste hauler's licenses. Although most licenses issued by the City are transferable with Council consent, licenses for garbage, refuse and recycling haulers are specifically not transferable, and any transfer of the license will result in the automatic termination of the license. The City Code does make a provision where the transfer is due to a change in name only, and not due to any change in ownership. Section 6.37, Subdivision 4C requires a licensee to file a new application within 30 days of the name change, provided the name change is not due to change of ownership, for consideration and approval by the 13 Council. Attached are the pertinent portions of that Code Section, as well as the general license transfer provision found at Section 6.03, Subdivision 3. An assignment of the license would be considered a transfer of that license. Further, the City Code provisions cited consider situations where a licensee's name changes without any change in ownership occurring, which appears to be the situation here. Conclusion: Any transfer of a garbage, refuse and recycling haulers license must be accomplished by filing a new application with the City for consideration and approval by the City Council. A transfer due to a name change must comply with the requirements of Code Section 6.37, Subdivision 4C. Agenda Memo August 1, 2005 Regular City Council Meeting CONSENT AGENDA: E. Tobacco License - Pakou Vang (E&M Liquors, 1444 Yankee Doodle Rd.) ACTION TO BE CONSIDERED: Approve Tobacco License for Pakou Vang at 1444 Yankee Doodle Road FACTS: • Pakou Vang of E&M Liquors has applied for a license to sell tobacco products at 1444 Yankee Doodle Road • All requirements of the application have been met and staff deems the license in order for approval ATTACHMENTS: None lS Agenda Information Memo August 1, 2005, Eagan City Council Meeting F. APPROVE RESOLUTION ACCEPTING $1,500 DONATION FROM ECOLAB, INC. - FIRE DEPARTMENT - CARINS IRIS FUND ACTION TO BE CONSIDERED: To approve a resolution accepting a $1,500 donation from Ecolab, Inc for the Carins Iris Fund. FACTS: • By way of thanks for the concern and response that the Eagan Fire Department has always shown for the Ecolab Engineering Center they are donating $1,500 towards the Carnis Iris Fund. • The Eagan Fire Department currently has five Carins Iris Helmets (thermal imagery cameras) purchased in the 1990's and is proposing replacement with newer technology models. • A thank you letter will be sent to Ecolab, Inc. ATTACHMENTS: • Attached on page is a copy of a resolution accepting the gift. /6 EXTRACT OF NIINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA 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 August 1, 2005, at 6:30 p.m. The following members were present: Carlson, Geagan, Fields, Maguire, and Tilley. 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, Ecolab, Inc. has offered to donate $1,500 to the Carnis Iris Fund for use by the City of Eagan; 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 IT FURTHER RESOLVED, that the City sincerely thanks Ecolab, Inc. for the gracious and generous donation. ADOPTED this V day of August, 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. /2 Agenda Information Memo August 1, 2005, Eagan City Council Meeting G. APPROVE FISCAL ADVISORY SERVICES CONSULTING FIRMS ACTION TO BE CONSIDERED: To approve two firms, Springsted and Ehlers & Associates Inc, to participate in the City's Fiscal Advisory consultant pool. FACTS: ➢ In accordance with the City's policy regarding the review of consulting contracts, in mid-May the City advertised in the legal newspaper and mailed requests to four firms inviting them to respond to the City's "Statement of Qualifications for Fiscal Advisory Services." ➢ By the deadline of June 17, 2005 responses were received from three firms having the required qualifications. ➢ The City Administrator, Director of Community Development, Chief Financial Officer, and Director of Administrative Services reviewed the proposals and then participated in interviews of the three firms on July 8, 2005. ➢ While all of the firms are very well qualified and probably could provide the desired services in their entirety, it is the recommendation of the group that two firms, Springsted and Ehlers & Associates Inc, be retained in a pool to be selected from by the City on an as needed basis depending on particular firm qualifications and the City's specific needs. This is consistent with the pool concept being used by the City for consulting engineers and essentially maintains the status quo for fiscal advisory services. Springsted has been used primarily for bonding and debt management and Ehlers & Associates for development and redevelopment support. ➢ Upon City Council approval of the firms, the necessary agreements will be processed. Service delivery and cost are not expected to change from what is currently being experienced. ATTACHMENTS: None Agenda Information Memo August 1, 2005, Eagan City Council Meeting H. APPROVE TEMPORARY ON-SALE LIQUOR LICENSE AND WAIVE LICENSE FEE FOR THE SOUTHWEST AREA YMCA ACTION TO BE CONSIDERED: To approve a temporary on-sale liquor license for the Southwest Area YMCA and waive the $150.00 license fee. FACTS: ➢ The Southwest Area YMCA has requested a temporary on-sale liquor license be issued to them for the Dine Dakota fundraiser planned for September 17, 2005. Proceeds from the fundraiser will benefit children at risk through the YMCA Y Compass program. ➢ The Southwest Area YMCA is also asking that the $150.00 license fee be waived. ➢ The application has been reviewed by staff and the Police Department. The application has been deemed in order for approval. ➢ Following Council approval, the application will be forwarded to the Department of Public Safety/Liquor Control Division for their approval. ATTACHMENTS (2): ➢ Letter and temporary license procedures enclosed without page number. 1 Agenda Information Memo August 1, 2005, Eagan City Council Meeting 1. APPROVE RESOLUTION OF RECONVEYANCE OF TAX FORFEIT PARCEL (10-13700-030-01), LOT 3 BLOCK 1, BARTON MCGRAY ADDITION TO THE STATE OF MINNESOTA ACTION TO BE CONSIDERED: To approve the reconveyance of tax forfeit parcel 10-13700-030-01 (Lot 3 Block 1, Barton McGray Addition) to the State of Minnesota. FACTS: • In official action of the City Council at the regular meeting held November 18, 1997, the above referenced parcel was declared to have a public purpose noted as Open Space/Easement. The State of Minnesota subsequently conveyed the property to the City in March of 1998. • This vacant parcel is in the Cedar Grove TIF/Redevelopment District and has been held in the name of the City to prevent untimely and inconsistent development or acquisition by a land speculator. • In an effort to move the property ownership to the EDA and to make the parcel available for combination with other parcels and subsequent redevelopment a change of use application was approved by the City Council on March 1, 2004. The application was submitted to the County and State but not officially acted upon by those agencies. • The State has instead notified the City that "open space' is no longer an approved public use and Dakota County has instructed the City to reconvey the property back to the State of Minnesota and have the EDA process a request for conveyance to that body for redevelopment purposes. The EDA will be able to hold the property for up to three years and at some point will need to purchase it from the County at its appraised value before it can be resold to a developer for redevelopment purposes. • The EDA application for conveyance is on this same agenda for approval. ATTACHMENTS: • Enclosed on page is a copy of a location map for this parcel. • Enclosed on pages ~a_ & is a copy of a resolution approving this reconveyance. 0?a Dakota County Real Estate Inquiry Page 1 of 1 Dakota County Real Estate Inquiry Data Updated 7/21/2005. Select option and click map: Zoom Out 00 Whole County Refresh Map Big Map Legend Real, Estate Parcels 0 Parcels r" 0 Common. Ownership IRW ater q RJW. Easement ❑ Dedicated RAN Standard Choose a search method, enter ` S criteria, and dick Go or hit enter key. House Go r f ' Address Go v% PIN: - - - Copyright @ 2015. Dakota County f a- I' Th- pplication was developed by the Dakota County Office of GIS in cooperation Assessing Services, Treasurer - Auditor and Property Records Departments C o u n r r Click on the Dakota County Logo above to return to the home page J http://207.171.98.200/scripts/esrimap, dll?Name-webq 1&Left--525780.529857135&Botto... 7/2512005 C;L/ PT Form 975 (Revised 04/03) Minnesota Department of Revenue Reconveyance of Forfeited Lands to the State of Minnesota By a Governmental Subdivision Under Minnesota Statutes, Section 282.01, Subdivision Id State Deed Tax Due Hereon: $1.65 WHEREAS, pursuant to Minnesota Statutes, Section 282.01, Subdivisions la to lc, the State of Minnesota, on the 27th day of March 1998 conveyed to the C:i ty of Fagan a governmental subdivision of the State of Minnesota (hereinafter "Governmental Subdivision'), by state deed numbered 0188506 the real property described below (hereinafter "Property") to be used for an authorized public use, and WHEREAS, the Governmental Subdivision has either failed to put the Property to the public use for which it was conveyed, or has abandoned the public use for which it was conveyed, and now desires to reconvey the Property under Minnesota Statutes, Section 282.01, Subdivision ]d to the State of Minnesota, to be held in trust according to Minnesota Statutes, Section 281.25, NOW THEREFORE, the Governmental Subdivision, pursuant to said laws, and pursuant to the duly adopted resolution of its governing body numbs . dated 8-01-2005 does hereby grant and convey the property in the County of Dakota described as follows, together with all appurtenances thereunto belonging: 10-13700-030-01 Barton McGray Addition City of Eagan 3 1 to the State of Minnesota, to be held in trust as provided by Minnesota Statutes, Section 281.25, upon like conditions and with like effect as if the Property had not been conveyed to the Governmental Subdivision for a public use. City of Eagan (Name of Governmental Subdivision) By: Mayor 8-01-05 . Signature Title Date By: City Clerk 8-01-05 Signature Title Date STATE OF MINNESOTA ) County of Dakota ) On this 1st day of August 2005 Pat Geagan and Maria Petersen . respectively the Mayor and the City Clerk of the governmental subdivision named in the foregoing instrument, appeared before me and acknowledged that they executed the same as the free act and deed of said governmental subdivision pursuant to the statutes in such case made and provided. Notary Date Tax Statements Cif any) for the real property described in this instrument should be sent to the County Auditor of the County wherein the property is located, in care of the County Courthouse. Approved by the Auornry General. This instr=mt was drafted by the Commissioner of Revenue, Minnesou Department of Revemx, St. Paut, MN 55146. Approval The undersigned, acting for the Commissioner of Revenue of the State of Minnesota, under delegation of authority duly filed with the Secretary of State, does hereby approve the foregoing conveyance to the State of Minnesota. Dated: STATE OF MINNESOTA Commissioner of Revenue By: The duly appointed delegate of the Commissioner of Revenue, for these purposes. STATE OF MINNESOTA) )SS. COUNTY OF RAMSEY ) This Approval was acknowledged before me on by the duly appointed delegate of the commissioner of revenue for these purposes. Notary Date Agenda Information Memo August 1, 2005 J. PROJECT 809, BLUE GENTIAN ROAD - STREET IMPROVEMENTS SUPPLEMENTAL FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Supplemental Final Assessment Roll for Project 809 (Blue Gentian Road - Street Improvements) to Lots 1, 2 & 3, Block 1, Spectrum Business Park and authorize its certification to Dakota County for collection. FACTS: • Contract 809 provided for the street and utility extension improvements for Blue Gentian Road from Blue Water Road to Highway 55. • A Public Hearing was held and the Final Assessment Roll for this project was approved by the City Council on June 17, 2003. That final assessment roll included all costs associated with this project except for the easement acquisitions that were being contested through the eminent domain (condemnation) process by the adjacent property owner. Now that this process has been completed and the final acquisition costs have been finalized, a supplemental assessment roll has been prepared. In accordance with the terms of the development contract agreement for the Spectrum Business Park, the property owners have waived their right to object and the public hearing process allowing these assessments to be adopted under the Consent Agenda. Staff has met with the property owner and reviewed the final assessments with him. ATTACHMENTS: • Final Assessment Report, pagesthrough34. FINAL ASSESSMENT HEARING PROJECT HEARING DATES NUMBER - Project 809 Supplemental ASSESSMENT- Auu 1, 2005 and June 17, 2003 NAME - Blue Gentian Road IMPROVEMENT- February 6, 2001 Utility and Street Installation IMPROVEMENTS INSTALLED AND/OR ASSESSED - F.R.=Feasibility Report FINAL F.R FINAL F.R RATE RATE UNITS RATE RATE UNITS SANITARY STORM SEWER SEWER ❑ Trunk ❑ Trunk H Lateral 28,799.16 25,668 L.S. H Lateral 44,807.29 38,778 L.S. ❑ Service ❑ Lat. Benefit/trunk WATER STREET ❑ Trunk ❑ Gravel Base ❑ Lateral H Blue Gentian Rd $221,312 356,987 L .S. Supplemental $43,107.65 ❑ Service ❑ Multi Fam Equiv. ❑ Lat. Benefit/trunk ❑ WAC ❑ C/I Equiv. ❑ Trail/Sidewalk OTHER STREET LIGHTS Completion ❑ Installation ❑ Energy Charge CONTRACT NO.OF INTEREST AMOUNT CITY NO. PARCELS TERMS RATE ASSESSED FINANCED $477,250 $517,050 01-06 3 10 Years 5.50% $294,918.81 $326,182.65 Supplemental 10 Years 4.5% $43,107.65 $43,107.65 COMMENTS: MEMO TO: MAYOR AND CITY COUNCIL FROM: GERALD R. WOBSCHALL, FINANCIAL CONSULTANT DATE: July 8, 2005 SUBJECT: FINAL ASSESSMENT ROLL, PROJECT 809 SUPPLEMENTAL BLUE GENTIAN ROAD The City Council at the conclusion of the public hearing on February 6, 2001 ordered Project 809. According to the feasibility report, the following improvements were to be constructed and assessed: sanitary sewer lateral, water main, storm sewer lateral and street improvements with a traffic signal. In the feasibility report, it was proposed to assess %i of sanitary sewer, storm sewer and street improvement costs to the Spectrum Business Park Development. The remaining '/2 of the improvement costs along with the water main improvements are to be financed by the City. The traffic signal improvement was delayed by the Minnesota Highway Department. It was installed as part of a project to upgrade Lexington Avenue, Project 859 during 2005. An assessment roll was prepared using the methods presented at the public hearing for the project. Construction of the infrastructure improvements were accomplished under Contract No. 01-06, which is complete. The City was not able to finalize the easement acquisition and related costs from an abutting property owner. It was proposed to hold a supplemental assessment hearing at a future date when the amount payable for the easement was determined. The original assessment hearing was held on June 17, 2003. The following information was used in the preparation of the assessment roll. The City has scheduled a supplemental assessment hearing for August 1, 2005 to assess the cost of the easement. The final cost of the easement is $86,215.30. 1. PROJECT COST The construction cost includes the amount of $307,108.00 paid to the contractors for the construction of the following detailed improvements. Other costs which consist of engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $261,673.62 and easement costs totaling $52,319.84 + $86,215.30 were incurred resulting in an improvement and project cost of $707,316.76. The detail of these other costs is provided on Schedule I. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. CONSTRUCTION OTHER COSTS IMPROVEMENT FEASIBILITY IMPROVEMENT COST & EASEMENTS COST REPORT Sanitary Sewer Lateral $31,099.64 $26,498.68 $57,598.32 $51,136 Water Lateral 8,422.00 7,176.03 15,598.03 19,448 Storm Sewer Lateral 48,386.50 41,228.07 89,614.57 77,556 Street 210,741.26 318,098.77 (1) 528,840.03(1) 774,583 Traffic Signal 2,350.00 2,002.33 4,352.33 71,500 Bituminous Island 6,108.60 5,204.88 11,313.48 Total $307,108.00 $400,208.76 (1) $707,316.76(1) $994,223 (1) Increased by the amount of additional easement cost $86,215.30 2 0)4 II. ASSESSMENTS A. TRUNK ASSESSMENTS The properties affected by this improvement were charged for trunk area assessments through prior public improvement proj ects. B. UTILITY LATERAL AND STREET IMPROVEMENTS 1. Sanitary Sewer Improvements An 8 inch PVC sanitary sewer lateral was extended approximately 820 feet in a westerly direction toward Highway 55 from the intersection of Blue Gentian Road and Blue Water Road. The construction cost was $31,099.64. Other costs in the amount of $26,498.68 were allocated to the construction costs. This results in an improvement and assessable cost of $57,598.32 to the benefited parcels. The feasibility report called for 50% improvement cost to be assessed. The balance of the costs will be assessed when connection is made to the City's utility system. The assessment amount was computed in the following manner: IMPROVEMENT COST ASSESSABLE PORTION ASSESSMENT AMOUNT $57,598.32 50% $28,799.16 2. Water Lateral Improvement An 8-inch DIP was extended beneath Blue Gentian Road in a northwesterly direction from the intersection with Blue Water Road and Trunk Highway 55. The construction cost was $8,422.00. Other costs in the amount of $7,176.03 were allocated to the construction costs. This results in an improvement cost of $15,598.03. The feasibility report called for this improvement to be financed by the City as it was constructed to provide for future looping of the water system. 3. Storm Sewer Improvement Storm sewer infrastructure in Blue Gentian Road was extended approximately 1,050 feet in a westerly direction from the intersection with Blue Water Road. The construction cost was $48,386.50. Other costs in the amount of $41,228.07 were allocated to the construction costs. This results in an improvement and assessable cost of $89,614.57 to the benefited parcels. The feasibility report called for 50% improvement cost to be assessed. The balance of the costs will be assessed when connection is made to the City's utility system. The assessment amount was computed in the following manner: IMPROVEMENT COST ASSESSABLE PORTION ASSESSMENT AMOUNT $89,614.57 50% $44,807.29 3 4. Street Improvement Blue Gentian Road was extended approximately 1,250 feet in a westerly direction from its intersection with Blue Water Road. The construction cost was $210,741.26. Other costs in the amount of $179,563.63 were allocated to the construction costs plus $52,319.84 and $86,215.30 of easement costs. This results in an improvement and assessable cost of $528,840.03 to the benefited parcels. The feasibility report called for 50% improvement cost to be assessed. The balance of the costs will be assessed when connection is made to the City's utility system. The assessment amount was computed in the following manner: IMPROVEMENT COST ASSESSABLE PORTION ASSESSMENT AMOUNT $528,840.03 50% $264,420.01 Less Prior Assessment (221,312.36) Supplemental Assessment $43,107.65 5. Traffic Signal Modifications to the traffic signal at the intersection of Blue Gentian Road and Minnesota Trunk Highway #55 were made at a construction cost of $2,350.00. Other costs in the amount of $2,002.33 were allocated to the construction costs. This results in an improvement cost of $4,352.33. The feasibility report called for this improvement to be financed by the City. 6. Bituminous Island The State of Minnesota requires the construction of a bituminous island to channel traffic at the intersection of Trunk Highway 55 and Blue Gentian Road. The construction cost of the island amounted to $6,108.60. Other costs in the amount of $5,204.88 were allocated resulting in an improvement cost of $11,313.48. This improvement is proposed for financing by the City's Major Street Fund. C. ASSESSMENT TERMS The assessments are proposed for a term of 10 years. The interest rate is 5.50% per annum on the unpaid balance. The interest rate for the supplemental assessment is 4.5%. 4 M. CITY REVENUES (RESPONSIBILITY) IMPROVEMENT ASSESSMENT CITY IMPROVEMENT COST REVENUE (RESPONSIBILITY) Sanitary Sewer Lateral $57,598.32 $28,799.16 $(28,799.16) Water Lateral 15,598.03 (15,598.03) Storm Sewer Lateral 89,614.57 44,807.29 (44,807.28) Street (1) 528,840.03 (2) 264,420.01 (2) (264,420.02) Traffic Signal 4,352.33 (4,352.33) Bituminous Island 11,313.48 (11,313.48) TOTAL (1) $707,316.76 (2) $338,026.46 (2) ($369,290.30) (1) The improvement cost was increased by the amount of $86,215.30. (2) The amount assessed and the City Responsibility each increased by $43,107.65. The following City Funds will provide funding for the City's responsibility: Fund Amount Sanitary Sewer Trunk 28,799.16 Water Trunk 15,598.03 Storm Sewer Trunk 44,807.28 Major Street Fund (2) 280,085.83 Total (2) $369,290.30 A (2) An additional transfer of $43,107.65 is required to provide funding for this project Gerald R. Wobschall Reviewed Revie Public Works Dep ent Finance D artment V7- 2C---vim Dated Dated cc: Thomas A. Colbert, Director of Public Works Mike Daugherty, City Attorney Sue Sheridan, Accountant I 5 LO O O N LO N ti V N 00 N 40 t-- op (a c: M N 4 C0 M cc C p > CC3 N > 't N > > It 00 0 W LPL 0 CM7 G r r v -0 04 '-t ED 'IT M q1t UP CO O N ti CO N ago (O E E V' M ti M O w U) r N r CO N W 4 M M M N d Q C N " co M 1~. co 0 N In Co N [r m i- E M In h 6 Cl) co N N CO N r O Q N N OD N M N M C E O y (MO M N CO U a E of c6 6 00 v7 (O h M N O M It 11 N N N N N Q (~0 ~ O 0 U) W a) C47 co 1,- 1- r O CO O E o O In In w a M M M v Q m C C~ , M N O U-) M 1- O co 4) 4) E E NO M (O E yU r O COO O In In . CS M (O M M 7 Ill M N r r T a (M O 0 0 0000 (O r N M O O O O a O In In to N M M ci Q O T T T- 9 17 1Ir 0000 r r T r V~ M M M M W-D L O 00 O co co co cD dZ o 0 0 a- a. r r r r 0 ~O 090-25 h ~ N 070-25 205.38 44-25 0 Q b20-32 020-25 030-25 0 0 ev 040-32 AZV 050-26 030-32 040-26 Y 030-2 020-26 3 050-32 010-26 °ad Gentian R 060-32 glue rCS7TVT3C2 Grand Oak Two 4 CO T OF J10-31 Cira~~0 ak Thr~ PT OF 010-31 010-29 G'A 020-29 • ~d~~ `SS Sy SfB~ P OF aa0-0a 8 mlo ~ 081-00 O10-51 1 ~ 002-00 9 8 7 6 5 4 3 2 1 Q ASSESSMENT LEGEND r-\n C Easement Cost - S 43,107.65 w Allocated to Spectrum Business Park C:\Colbert\ScottTrail 3 ` Project 80 - upplemental Assessment Blue Gentian Road Improvement July 24, 2005 City of Eagan Assessment Map Agenda Information Memo August 1, 2005 K. CONTRACT 04-05, CHANGE ORDER #2 (WELL #20) ACTION TO BE CONSIDERED: Approve Change Order #2, Contract 04-05 (Well #20 - Pumping Eqpt) and Authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 04-05 provides for the installation of the pumping equipment necessary to put Well #20 (Central Park Pavilion) into production. • Change Order #2 provides for the acquisition and installation of a column flange to accommodate the pump and the sandblasting of the pump base. (ADD $512) • This work is a result of a gap in the plans and specs for the two different contracts for drilling and developing the well (Cont. 01-08) in 2001 and the installation of the pumping equipment (Cont. 04-05) this year. • This change order has been reviewed by the Public Works Dept. and found to be in order for favorable Council action. Agenda Memo August 1, 2005, Eagan City Council Meeting CONSENT AGENDA: L ACTION TO BE CONSIDERED: Adopt a Resolution Promoting the Use of Intrastate Mutual Aid Agreements FACTS: l • The city adopted the National Incident Management System (N.I.M.S.) by resolution at the April 5, 2005, Eagan City Council Meeting for City Employees to utilize in the event of a disaster. • It is widely recognized that there could be disasters where an individual political subdivision would not have the resources to manage the incident without the help of other jurisdictions. • Adopting this resolution would give the city administrator (or designee) the authority/discretion to send city resources to assist other jurisdictions in the event of an emergency. • Surrounding political subdivisions are being encouraged to draft a similar resolution by the Minnesota Department of Public Safety. • Approving this resolution will enable The City of Eagan to compete for future homeland security funds, ATTACHMENTS: • 2-Copies of the Resolution 33 RESOLUTION BY CITY OF EAGAN PROMOTING THE USE OF INTRASTATE MUTUAL-AID AGREEMENTS WHEREAS, Chapter 12, Section 12.331 allows for Intrastate Mutual Aid, and direct, timely assistance between jurisdictions is critical; and WHEREAS, the possibility of the occurrence of natural and other disasters of major size and destructiveness exists and is increasing; and WHEREAS, there is a need to ensure that preparations of The City of Eagan will be adequate to deal with disasters; generally protect the public peace, health, and safety; and preserve the lives and property of the people of the state; and WHEREAS, it is necessary to provide for the rendering of mutual aid among the political subdivisions of the state and to cooperate with the federal government with respect to carrying out emergency management functions; and WHEREAS, it is the policy of Minnesota that all emergency response functions of this state be coordinated to the maximum extent with the comparable functions of the state government, including its various departments and agencies, of other states and localities, and of private agencies of every type, to the end that the most effective preparations and uses may be made of the state's labor supply, resources, and facilities for dealing with any disaster that may occur; and WHEREAS, the director of each local organization for emergency management may, in collaboration with other public and private agencies within this state, develop or cause to be developed mutual-aid arrangements for reciprocal emergency management aid and assistance in an emergency or disaster too great to be dealt with unassisted. These arrangements must be consistent with the local emergency operations plan and, in time of emergency, each local organization for emergency management and its members shall render assistance in accordance with the provisions of the mutual-aid arrangements; and NOW, THEREFORE, be it resolved The City of Eagan promotes the efficiency and effectiveness of intrastate mutual aid by designating a city administrator (who in turn may appoint a designee) who, exercising discretion and considering the needs of the political subdivision and its inhabitants, to dispatch equipment and personnel as considered necessary if a danger of fire, hazard, casualty, or another similar occurrence exists outside the political subdivision and by its suddenness it would be impractical for the governing body of The City of Eagan itself to authorize the dispatch of equipment and personnel to combat that emergency or disaster. Adopted by The City of Eagan on this 2nd day of August, 2005 Attest: Date: August 2, 2005 Mayor: Pat Geagan 3y Agenda Information Memo August 1, 2005 Eagan City Council M. FINAL SUBDIVISION (HOMESTEAD VILLAGE) & FINAL PLANNED DEVELOPMENT - MANLEY LAND DEVELOPMENT ACTION TO BE CONSIDERED: To continue approval of the Final Planned Development and Final Subdivision September 6, 2005 City Council meeting. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The Final Planned Development is for 9 twin homes (18 units) and the Final Subdivision (Homestead Village) is to create 18 lots and one outlot for the twin-home development upon 7.3 acres located at 500 Gun Club Road in the SE'/4 of Section 36. ➢ The Preliminary Planned Development and Preliminary Subdivision were approved January 18, 2005. ➢ As of Friday, July 29, some items with regard to the association documents and establishment of easements remain incomplete. ➢ Therefore, this item will be postponed until such time as all documents have been completed and are in order for Council action. ATTACHMENTS (None): 3S Agenda Information Memo August 1, 2005, Eagan City Council Meeting N. FINAL SUBDIVISION, FINAL PLANNED DEVELOPMENT (STEEPLECHASE) - TOLL BROTHERS ACTIONS TO BE CONSIDERED: To approve a Final Subdivision (Steeplechase of Eagan) to create 55 lots and 5 Oulots for property located at 4889 Pilot Knob Road. To approve a Final Planned Development to create 37 single family units, and 58 townhouse condominium units for property located at 4889 Pilot Knob Road REQUIRED VOTE FOR APPROVAL: Majority of Council Members present FACTS: ➢ At the April 19, 2005 regular City Council meeting the City Council accepted the adequacy of the EAW, approved the Wetland replacement plan and approved the Preliminary Subdivision and Preliminary Planned Development. ➢ The site is currently being cleaned up and prepared for development, city staff makes several visits to the site each week. ➢ All documents and Agreements are anticipated to be signed and in order for execution at the regular meeting of the City Council. ATTACHMENTS (1): Final Plat on pages3Tthrough 34 2003-730-M-715-S1-A.PLT G ~i =1 el O I yy1, J {=/1 C = V n _ 8 ° W aI S °s :a8 .3 - $ F e s' 8' m s aN ~ 5 ~ fim ~ d a W a a ~ S _ I I - - A a 58 I.i. 5= ° ~u+ p ~~h a 0 o ~ - 8N W v / V - y Pa E ~ a ~15~G Y ~ ~ fi =5 b=3y ° .sE 6~ 8 fi J ' x: S; Ea3s E_ a E° ~ 55 B a=Ps a9 o a'G Y - o g a i {i ss"a i a ba So aYEy6 a 82 ae ~ o g"o' a ggg°. agc== e 2 da ~ s bfe z _ ga ~Q~fie % j xis I g" N~ s"°. 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I r11~ . t g:l 1 $q M ° P r ky J I ,,3~ ry~5 a4; r'. ^r +W- ly X19 w -I°~,^ ~itl°'x I` ' O '1 8 I K.N wl~ i J I q I lp ~ cc I ° \ TJ N ~ II co x DIAM yea]a]a e Y w ON eCOURT s u II /~~`r. .g- ~,L.•t,J O N ~Iy 't------------ ro.eo__ s .0 \bfr \ I I i - 8 c• ` 4J 11 I 1 I I be Y`(` !E/(t~ I I I i'\`y2 ~Apf' ~ FIII 1$ N I~ u 61 I$ a `\-i /n7 r% \\\`\ln, ~ ~ I z ~ e'ti. ~Cr' • I li I i s ~ ay ~ ~ yl~r s\\<~ v vi is I' '\`L~ II I I I i t: I I E'` ° e \ I't IJ . c''y 11 .tt.nAAf do • xc' 'a,t. ~i aN ..r?f '.o' L_--• //d Y,x \ \ I I 1 329.88 - Sm ► ~yd` ~ yyi I .reSo\s i I •~!.u~~\\\\ O i 40 d \1 11~` I I I I 1 \ pl ly I I 1 ~1 `aw~';e. .y to \ \ IL 1 2 w.oe w f7]T T - b AL COUNTY STATE AID HIGHWAY 3I PILOT KNOB ROAD 869.51 - soozo'oe°e 3 lid'9-£S-SLL-W-OCL-£OOZ 2003-730-M-715-S2-B.plt J 9 'I y i i I . .I I i i , 3!;'6985 .....e o ) issau~as •a°)b " UtloH UUNM JA'Hd TE AVAkHO[H UIV 31VIS AINfTOJ Z iz, u >v. 1. u. - - r ) .w 6,Q N N r Q 3.8oJJoZOos G 0 W ' ~ \ N I ^ i 1 I I I LL 4 , I 37-V~~ H ~Y ~ • U 0 - w h O,T~ dX(103 ❑NOWYIQ y °j Y I O 'ti _ g W sTE~~9 a ' I I m ~ N - I j c=i) \ O G~ `k= n s < G d L,j - Y U ^W _ 1: S m Ln / ~OJ S H W I I ~2 m N LLJ U L. bh I ^ p ' I'LL / I V,fl W ' m~ S byJ P W a'd cn s W m p 'Is W o J N 31 N ^ m FO, oON ~ r I Pmnc 1 of 1 Agenda Information Memo August 1, 2005 Eagan City Council Meeting Consent Agenda O , APPROVE Comments Regarding the Northwest Inver Grove Heights Alternative Urban Areawide Assessment ACTION TO BE CONSIDERED: To approve comments to be submitted to the City of Inver Grove Heights regarding its Northwest Expansion Area AUAR. FACTS: ➢ The City of Inver Grove Heights initiated the process to update its Comprehensive Guide Plan and prepare for development of an area of 3,140 acres in the northwest part of Inver Grove Heights along its boundary with the City of Eagan. This study area runs from I-494 on the north to the intersection of T.H. 149 and County Road 63 on the sound and east roughly to Robert Street. ➢ While the City of Inver Grove Heights currently anticipates extending its own sewer and water utilities to provide service to the area, it is anticipated that the development of so large an area will raise matters of interest for the City of Eagan. ➢ The draft AUAR was circulated among City staff for the preparation of draft comments which are presented for Council consideration at this time. ➢ One of the more significant aspects of the study is its conclusion that the combination of background traffic and future growth of the area will require substantial transportation improvements including the installation of an additional interchange on I-494, which was a conclusion of the Northeast Eagan Land Use Study as well. ➢ The comment period for the draft AUAR concludes in August 2003. ATTACHMENTS: Proposed Inver Grove Heights Land Use Map on page. Draft comments on pages (4 ; through d *0) Copies of the complete AU documents are available upon request or may be reviewed at www.ci-inver-grove-heights.mn.us, City Development, Northwest Area Community Planning Initiatives. Lando Use Category O Commercial E' Pub\Institutional Industrial/Office Mixed Use ffice Golf Course Low Density Residential Park Low/Medium Density Right-of-Way Medium Density Residential Water High DAsity Residential z u C> Q 52 e - 'j r • ~ r. sonesum City of Inver Grove Heights N Northwest Expansion N Project Boundary Area AUAR w e N City Limits Feet Parcel Base Map 2000 0 2000 PROPOSED LAND USE S March 2005 Figure 5-5 1:1476147604116\cad\G IS\avprojects\auar.apr Y Vz City of Eagan Draft Comments Regarding the City of Inver Grove Heights Northwest Expansion Area Draft Alternative Urban Areawide Review August 1, 2005 The City of Eagan appreciates the opportunity to provide input on the Draft AUAR for the City of Inver Grove Heights Northwest Expansion Area. The following comments are submitted for that purpose. General The City of Eagan Comprehensive Plan designates the property along the Cities' common boundary adjacent to the AUAR study area for Office Service north of Highway 55, for Low Density Residential between Highway 55 and Yankee Doodle Road and for Business Park and Limited Industrial Use between Yankee Doodle Road and the southern AUAR boundary. The City views the proposed Commercial land use adjacent to I494 in Inver Grove Heights to be consistent with the current and future development of the Waters Office Park and adjacent areas in Fagan. The City also views the proposed Industrial Office land use adjacent to Highway 55 in Inver Grove Heights to be generally consistent with Eagan's Office Service area, although it should be noted that the adjacent land use in Eagan is proposed for development as an institutional use. The City views the Low Density Residential area between Highway 55 and Yankee Doodle Road to be generally consistent with the Bur Oaks development area in Eagan. Recognizing that the need for buffering, screening and other considerations is typically greatest between commercial and residential uses, the City encourages the City of Inver Grove Heights to take this into account in the possible development of the Medium Density and Low Density residential areas along the common boundary, which will abut Eagan's Office Service, Business Park and Limited Industrial uses. As discussed in more detail in the Transportation System Comments below, the City of Eagan has identified future growth in regional background traffic combined with traffic from the further development of this area of the two cities as a substantial emerging issue. In particular, the region's ability to address these issues is expected to take the concerted effort of the Cities, Dakota County, the Metropolitan Council and MnDOT. The Eagan City Council has directed staff to address this issue in the Transportation section of its next Comprehensive Guide Plan update and to work with the affected agencies to plan for, prioritize and secure funding for upgrades of the County and State road systems and expanded access to Interstate 494. Transportation System Figure 5-3 Existing Land Use /All maps/figures should show Yankee Doodle Road extension (149 to 55) Z-/ 3 q>Page II Roadway Network /CR 63 ends at TH 55 now. Refer to Yankee Doodle Road (CSAH 28) south of TH 55. /Intersection of CR63 and TH 55 - future interchange of CSAH 28 and TH 55 tt Page 79 Traffic /Reference CSAH 28 (Yankee Doodle Road) vs. CR 62 at TH55 and to south Page 88 Traffic /Mention/account for traffic generation estimated for NE Eagan Study on 494, 55 and CR 63 /What if new interchange is not added on I-494? Traffic shifted to /Background growth on I494 and TH 55 accounted for? No increase in congestion on I-494 and TH 55? /TH 55 and I-494 will continue to operate at satisfactory levels post- development with no improvements? Figure 21-5 (Page 89) Traffic /Future interchange spacing on TH55 may not meet MnDOT access management guidelines. NE Eagan Study shows interchanges at west intersection of TH 55 & TH 149 and east intersection of TH 55 & TH 149. q>Page 120 Roadway Network 1Without additional lanes on 55 and 494, impact to regional system will be more than minimal Sanitary Sewer System tl~ Page 11 Sanitary Sewer System There should be some mention of Eagan/Inver Grove Heights Joint Powers Agreement (area south of TH 55) 4> Page 64 Water Quality - Wastewaters /Discuss JPA with Eagan for sanitary sewer 7 WFigure 18-1 (Page 65) Sanitary Sewer System This area can/will be served by JPA with Eagan (south of 55) Page 120 Sanitary Sewer System Mention sanitary sewer accommodated by Eagan's system (JPA) Water System O>Page 30 b. Water Use ®Include discussion of Joint Powers Agreement (JPA) with Eagan: VbFigure 13-1 Trunk Water Supply ooebdicate JPA area along west boundary of AUAR area. tl>Page 120 Municipal Water System /Mention water accommodated by Eagan's system (JPA) Storm Sewer System Page 14 Permits and Approvals Required /Gun Club WMO does not issue permits. Inver Grove Heights is LGU for wetland replacement. q>Page 44 Water Quality - Surface Water Runoff .-I'AUAR area within GCLWMO may drain to Waters with Restricted Discharges (Fort Snelling State Park fen). Address revised NPDES permit and Non Degradation. q> Table 17.3 (Page 53) Water Quality - Surface Water Runoff /Include discussion/comparisons of ponds flowing/shared by Eagan (GCLWMO) WTable 17.4 (Page 54) Water Quality - Surface Water Runoff /Include a table for Discharge from the GCLWMO Watershed? Page 120 Stormwater System q so," /Mention storm water accommodated by Eagan's system (JPA) Fores CbPage 9 Proposed Development /The AUAR appears to address natural resource issues and preservation of the limited tree resource in the study area satisfactorily. The Proposed Development paragraph states that with most of the existing tree vegetation being located in valleys/ravines/hillsides/etc., they will be utilizing "low impact" development techniques to preserve vegetation in the above mentioned areas. Also, that their land use plan features preserving large, open spaces as green areas and as water infiltration areas. Water Qualify From a surface water quality perspective, the AUAR sufficiently and thoroughly addresses all relevant issues to the level of detail expected of such a review. Further, it appropriately indicates the approaches that will be taken to address surface water quality issues in more detail prior to and during specific development of the area. Parks Extensive connectivity of both natural (greenways) and created elements (trails) between NW IGH and NE Eagan should be considered. The City border should not be a hindrance to extensions of new or existing amenities--{under or over pass for 55 4> The provision of active recreational areas (playgrounds, game fields, play space, etc) within the new residential areas of NW IGH may be appropriate. Without them, the influx of residents may impact existing Eagan neighborhood parks which have limited capacity. (park dedication Because development of NE Eagan will be primarily Commercial/Industrial the likelihood of there being a new Eagan park that could provide opportunity for the area is minimal. Aircraft Noise WThe AUAR does not appear to make any reference to airport noise impacts from aircraft operating at Minneapolis St. Paul International Airport. The Metropolitan Council Airport Noise Policy Contours one mile buffer area extends approximately % mile into the study area from its western boundary. While the Metropolitan Council reserves land use policy for noise compatibility within this area to the cities, the presence of this possible impact on potential noise sensitive land uses should be addressed in the AUAR. The City of Eagan has discouraged new residential uses in the area southeast of Minneapolis St. Paul International Airport and, while the City respects the City of Inver Grove Heights' authority to determine its policies in this area, it would strongly Y-6 encourage Inver Grove to analyze this potential impact and address their policies in its regard as part of the AUAR. Agenda Informational Memo August 1, 2005 City Council Meeting P. SAFER GRANT - STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE GRANT ACTION TO BE CONSIDERED: To approve the SAFER Grant for the Eagan Fire Department. FACTS ➢ Help in acquiring more recruits ➢ Increase day availability ➢ Increase insurance coverage ➢ No matching fund required ATTACHMENT: ➢ Enclosed on pages .9 through ~ is a copy of the Grant description. qo SAFER Grant Program Background The Eagan Fire Department would like to apply for a Staffing for Adequate Fire and Emergency Response Grant (SAFER). This is the first year for this grant. The purpose of the SAFER grant is to award grants directly to volunteer, combination, and career fire departments to help the departments increase their cadre of firefighters. Ultimately, the goal is for SAFER grantees to enhance their ability to attain 24-hour staffing and thus assuring their communities have adequate protection from fire and fire-related hazards. The SAFER grants have two activities that will help grantees attain this goal: 1) hiring of firefighters and 2) recruitment and retention of volunteer firefighters. The Eagan Fire Department would like to apply under the second activity: recruitment and retention of volunteer firefighters - with an emphasis on recruiting day-available firefighters. The Recruitment and Retention of Volunteer Firefighters Activity provides assistance to awardees for periods of up to four years. The purpose of these grants is to assist with the recruitment and retention of volunteer firefighters. Fire departments located in the fifty United States, the District of Columbia, and other American Territories are eligible to apply for assistance under this grant program. Federal fire departments are not eligible. The Federal Emergency Management Agency (FEMA) allotted $65,000,000 for this program. There are approximately 32,000 fire departments eligible to apply for assistance under this grant program. This is a competitive grant program and therefore, all applicants will not be awarded a grant. Grant Requirements First and foremost, there is no local match requirement for this activity and there are no maximum Federal share limits. So, no City funds will be required to support this grant. There is only one significant requirement of this specific grant activity. Any department receiving an award under the SAFER grant will be required to ensure to the extent possible, that they will seek, recruit, and hire members of racial and ethnic minority groups and women for the new firefighter positions to increase their ranks within their department. Grant Requests The total amount for which the EFD would like to apply is $167,600. This amount is spread over 4 years and four different areas for recruitment or retention. 1. The EFD wishes to request $26,000 for marketing the fire department. Some of this money would be used to annually update their recruitment video for the next 4 years. This video -1 was recently developed so it can be played on the local access cable channels, at local fairs, and given out to potential candidates. We would use these funds to update our brochure that is used to attract and inform potential applicants about the department, its requirements and the benefits. Funds will also be used to pay for the cost of advertising our need. There are many ways to reach tens of thousands of residents, but they all cost money. 2. The EFD would also like to request $16,000 to provide formal training for members of our Explorer post over the next 4 years. These teens meet and train regularly, but once they are old enough to join the EFD, they have to go through all EFD's formal fire, medical and hazardous materials training - an 18 month process. If we could get some of these Explorers trained to EFD standards while they are an Explorer, they will be ready to respond as firefighters as soon as they are accepted into the EFD. 3. Another area the EFD would like to fund is $80,000 for Accidental Death and Dismemberment and/or Disability Insurance for all of its current members. This money would be split almost equally over the four-year period. Many of the department members are self- employed, have switched jobs recently, or are working part-time jobs and do not have similar insurance. Because of the inherent dangers faced by the Eagan firefighters, providing this type of insurance may help retain and/or recruit additional firefighters. 4. The last activity for which we would like to request is for college education cost reimbursement and tuition assistance for higher education and professional certifications. We would like to request $45,600 to be spread over 4 years. With this money, we would be able to offer college education costs and tuition reimbursement as an incentive for our firefighters to stay on the department. This tuition reimbursement program would include a plan where the amount reimbursed would be awarded on a sliding scale, depending on years of service to the department. In these times of job loss and reassignment, college education is becoming more and more valuable. As a result, assisting our firefighters with some of those college costs could help retain them on the department and improve the general education of our members. Conclusion Retaining the members we have as well as recruiting additional firefighters will bring several benefits to the City. Having a full compliment of firefighters available to respond, especially during the day, will improve the safety of everyone. Firefighter safety will be increased because we can achieve and maintain minimum staffing levels for emergency response. Safety of the public will be improved because we will be able to begin fire suppression more quickly, assisting in rescue or damage control. More firefighters will be available to assist in educating the public to reduce both material losses due to fires, as well as injuries due to other types of accidents. As explained above, there is no City match for these requests. If we are successful, it would be money available over and above the present budget. ~v Agenda Information Memo August 1, 2005 0. APPROVE TELECOMMUNICATIONS LEASE AGREEMENT ACTION TO BE CONSIDERED: Approve the telecommunication lease agreement with VoiceStream, Minneapolis, Inc., for an antenna installation on the Southern Lakes Reservoir at 10656 Alton Court, Inver Grove Heights, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City has received an application from VoiceStream, Minneapolis, Inc., for the installation of wireless communications system antennas and ground support equipment on the Southern Lakes Water Reservoir. • This application has been reviewed by the City's radio communication consultant, City Attorney's office and Public Works Department personnel and found to be consistent with other past lease agreements and in order for favorable Council consideration. • The current Joint Powers Agreement with the City of Inver Grove Heights allows the City of Eagan to lease space on this tower for telecommunications equipment. Agenda Information Memo August 1, 2005 R. AUTHORIZE WATER QUALITY MANAGEMENT PLAN UPDATE ACTION TO BE CONSIDERED: Authorize a contract with the firm of Bonestroo, Rosene, Anderlik & Associates to update the Comprehensive Water Quality Management Plan and authorize the Mayor and City Clerk to execute all related documents. FACTS: • In 1990, the City created and adopted the state's first municipal wide Water Quality Management Plan and related Storm Water Utility to finance its implementation. For the past 15 years, this document has been used to guide the growth and development of our community protecting and managing our natural water resources. The implementation of this comprehensive plan during the 1990's has resulted in several regional, state and national awards. • Earlier this year, the APrC and its Natural Resources Subcommittee considered the possible development of a wetland protection and management plan for the city, which would result in a local ordinance replacing the Minnesota Wetland Conservation Act (WCA). • On April 26, 2005, the City Council reviewed the preliminary recommendation of the APrC and gave direction to proceed with a Request For Proposal (RFP) to solicit bids for a Comprehensive Wetland Protection and Management Plan (CWPMP). This CWPMP would provide alternative local standards for wetland management, based on specific needs and priorities of the City, and also meet or exceed the requirements of the WCA. • At the May 31 Council workshop, the draft RFP was reviewed showing how the CWPMP would be incorporated into a timely update of the City's Comprehensive Water Quality Management Plan (CWQMP). • On June 7, the City Council approved the Request For Proposal (RFP) and authorized its distribution to solicit quotes with the direction that the RFP be amended to provide for the Public Works Committee's review during the process before coming to the City Council for final approval. The Public Works Committee's involvement has been incorporated into the process of creating the CWPMP and updating the CWQMP. • On July 18, the City received formal proposals from 2 of 4 interested consulting firms. A staff review panel consisting of the Public Works Director, City Engineer, Supt. of Parks, Water Resources Coordinator, and Water Resources Technician are unanimously recommending the firm of Bonestroo, Rosene, Anderlik & Associates to update the current plan at a cost of $102,322 which will be financed by the `05 and `06 Water Quality utility operations budgets. S., Agenda Memo August 1, 2005 Eagan City Council Meeting S. APPROVE CHANGE ORDER #3, FOR CONTRACT 05-05, CASCADE BAY REPAIRS ACTION TO BE CONSIDERED: To approve change order #3 to Contract #05-05, Cascade Bay Pool Repairs in the amount of $11,869. FACTS: • Change Order #3 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 and should reflect the total sum of changes to the contract. • These changes will be incorporated into the litigation action currently pending. • The original contract was awarded for $380,255 and now totals $480,961. #014 PCI overtime hours in May and June to meet the opening deadline of $11,382 the leisure pool and lazy river. #015 In lieu of installing Diamond Brite at the above-water locations in the n/c lazy river, a colored concrete finish will be installed. #016 Repair gap between fiberglass slide and concrete 425 Correction to C.O. #3 - error in original calculation 30 Correction to C.O. #2 - error in original calculation 32 $11,869 Agenda Information Memo August 1, 2005, Eagan City Council Meeting T. APPROVE CORRESPONDENCE TO MINNESOTA STATE LEGISLATIVE DELEGATION REGARDING DELAY IN CATHODE RAY TUBE BAN IN LANDFILLS ACTION TO BE CONSIDERED: To approve correspondence as presented or with modifications and authorize the Mayor to sign and distribute a letter to Eagan's state representatives and state senators regarding the recently enacted one year delay in banning CRTs (cathode ray tubes) from landfills. FACTS: ➢ In 2003 the Minnesota Legislature passed a ban on old TVs and computer monitors containing cathode ray tubes (CRTs) from entering Minnesota landfills anytime after June 30, 2005. ➢ The ban was enacted because CRTs typically contain between 2-8 pounds of lead that if buried would be harmful to the environment. ➢ Cities and counties were told to prepare for the coming ban. They were urged to educate their residents and waste haulers as to the coming requirements and to perhaps consider support for electronics recycling events that would recycle such components, thus keeping harmful elements out of landfills. ➢ Relying on that information, the City of Eagan prepared advertisements, informational releases, newsletter items, and conducted a successful and first-ever electronics recycling event which collected more than 51,000 pounds of electronics. ➢ Hundreds of Eagan residents paid recycling fees to a private recycler in the expectation and belief that a CRT ban was imminent. ➢ Trying to be proactive and meet the intent of the impending CRT ban, the City of Eagan subsidized the electronics recycling event by approximately $14,000 and intentionally held it on June 18 in advance of the statewide ban. ➢ Less than two weeks later, with no advance warning, the State Legislature passed a one-year delay in the ban taking effect, undermining Eagan's outreach efforts and contributing to more harmful CRTs in landfills for an additional year. ➢ The legislature has yet to agree on the manufacturer's or consumer's responsibility for this waste stream and no funding mechanism is in place to keep lead and CRTs out of Minnesota landfills. ➢ The attached letter would request Eagan's legislative delegation work to help find a sustainable solution to the problem and to be aware that last minute changes have real world effects on citizens, on cities and-most importantly-on the environment. ATTACHMENTS (2): ➢ Draft letter to Eagan's state representatives and state senator(s). • r- S-6 ➢ Copy of St. Paul Pioneer Press story regarding delaying the CRT ban.- IPs~ V Draft of letter to Minnesota's state legislative delegation August 1, 2005 Re: Environment, Natural Resources, and Economic Development Omnibus Budget Bill (Senate File 69) Dear [insert names of Eagan's state representatives and senators]: On behalf of the Eagan City Council I write to express our sincere disappointment that the Minnesota Legislature has stepped away from its earlier commitments and is allowing old TVs and computer monitors to still go in the trash until July 2006. (See the attached 7/14/05 news article from the St. Paul Pioneer Press.) Relying on the Legislature's vote in 2003 to ban products containing cathode ray tubes (CRTs) from landfills beginning in July of this year (Minnesota Statutes 115A.9565), the City of Eagan recently spent a considerable amount of money and staff time preparing Eagan residents for the CRT ban. As a proactive community that is committed to improving the environment, Eagan staff planned a City-sponsored one-day electronics collection event on June 18th to help residents get CRTs out of their basements and recycle them before the July 1, 2005 ban went into effect. The City spent money on numerous newspaper advertisements and a postcard mailing to each of its more than 26,000 Eagan households. Additional promos were developed for community television, for city websites, and other venues. On what we thought was a one-time basis, the City of Eagan subsidized the collection of CRTs by giving each participating resident a $10 coupon for recycling one CRT. In all, the City of Eagan contributed $14,000 to educate and prepare our citizens for the July 1, 2005 CRT ban. But less than two weeks after the collection event we were disappointed to learn that the Environment, Natural Resources, and Economic Development omnibus budget bill (Senate File 69) that passed the Senate and House on June 30, 2005 rescheduled the CRT ban to begin a full year later on July 1, 2006. That legislative flip flop undercut and undermines Eagan's outreach efforts and the Legislature's stated objective of keeping CRTs and harmful amounts of lead out of Minnesota's landfills. Nonetheless, our efforts did pay off for the environment. 51,274 lbs of electronics were collected at the June 18th event. What's needed now is for you and all your legislative colleagues to commit to the environment by banning CRTs in 2006 and to create a long- term and sustainable system to ensure the proper management of old TVs and computers without reliance on government-only solutions. We firmly believe the solution should include provisions to require manufacturer responsibility, reliable and convenient collection options, responsible recycling of CRTs, a mechanism to address the backlog of CRTs and a funding method that does not require substantial end-of-life fees. SS Thank you for your consideration of this issue. Sincerely, Pat Geagan Mayor City of Eagan rvuivwwv i~. Old TVs ' Can in trash till'06 Recycling measure stalled in House BY DENNIS LIEN Pioneer Press Nnnesota recyclers have been telling people for two years that, come July 1, 2005, they would no longer be allowed to dump old television sets and computer monitors in the trash. But a legislative dispute that lingered deep into the recent spe- action earlier this month, according to Scott Williams, the cial session has delayed that ban Old TVs accordin to Scott until July 2006. As a result, an g Martin, the county's director of land management untold number of those products, county's waste abatement man- resource which contain as much as 8 (continued) ager. At its recycling icenter, it Dunn said it's unclear how pounds of lead and other toxic added an electronics collection much, " electronics' equipment materials each, will end up in improperly dispose of them" option that charges 35 cents a will get dumped into trash con landfills instead of being recycled. He said a legislative task pound for televisions, computer tainers in the upcoming year "I am very disappointed," force would study the issue and equipment, and copier and fax instead of being recycled Typi- said Rep. Ray Cox, R-Northfield, make recommendations to next machines. cally, one in five households the chief sponsor of a bill that year's Legislature. . "We decided to go ahead gets rid of. a television set or would have established a Cox and Art Dunn, a Min- anyway, since we had already computer screen each year statewide electronics recycling nesota Pollution Control built up the infrastructure in through existing recycling pro- system "I just think it's time to Agency spokesman, said some -anticipation of the law," Martin grams or by throwing them do this." counties are looking for ways to said away, he said to ban 2003, the products Legislature containing oath- voted reduce the volume that other- In western Minnesota, . ode ray tubes from landfills, wise a?ight end up in landfills. Chippewa County also is consid- Dennis Lien can be reached at effective July L 2005. Oliftsted County, in sout>i- eying some sqA of stopgap elec- diien@pioneerprer-com or 651- During this year's legislative eastern Minnesota, took quick tromes co&kton system, 228-5588. session, the Senate passed a bill establishing an electronics recy- cling system paid for by manu- fachusers. A similar bill, spon- sored by Cox, passed several House committees but didn't get a floor vote when House leaders favored a different approach. e With the July 1 disposal ban A looming and no recycling sys- tem in place, a legislative work- ing group added the ban delay . to a wide-ranging environment bill sponsored by Rep. Dennis Omnent, R-Rosemount "We didn't want to put an undue burden on the counties," said Ozment, explaining that a disposal ban and no statewide collection system could lead to widespread electronics 'dump- ing that counties would have to clean up. "Ibis keeps the pres- sure off off so people wouldn't OLD TVS, sB Agenda Information Memo August 1, 2005, Eagan City Council Meeting VII. NEW BUSINESS A. ORDINANCE AMENDMENT - CHAPTER 5, WINE, BEER AND LIQUOR LICENSING AND REGULATION REGARDING BREWPUB OPERATIONS ACTIONS TO BE CONSIDERED: To adopt an ordinance amendment to Chapter 5, Wine, Beer and Liquor Licensing and Regulation. FACTS: ➢ Granite City Brewery is interested in obtaining an on-sale liquor license and brewpub off- sale liquor license. Their establishment will be located in the former Sidney's restaurant and is scheduled to be opened in late September 2005. ➢ In order for Granite City Brewery's operation to be compliant with Eagan's City Code, certain revisions are necessary to Chapter 5, Wine, Beer and Liquor Licensing and Regulation which would provide for brewpub operations. ➢ In addition to selling their manufactured malt liquor for consumption on premise (on- sale), they also desire to sell malt liquor for consumption off premise (off-sale). ➢ In 2003, the Legislature passed new legislation to allow the off-sale of malt beverages brewed on the premises of a licensed brewpub. The brewpub off-sale malt liquor license would allow the off-sale of containers of brewpub malt beverages commonly referred to as "growlers". The growler containers are 64 ounces in size and must bear the name and address of the brewpub, amongst other requirements. Off sale of brewpub malt beverages may only occur during the hours permitted by law for off-sale liquor stores. ➢ The City Attorney's office is recommending that the Code be amended to provide for the definition of a brewpub and to add language referring to the applicable State Statute which allows for brewpubs plus language that allows for the off-sale of malt liquor referred to as "growlers". ATTACHMENTS (1): ➢ Draft ordinance amendment enclosed on pages through. ~U ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER FIVE ENTITLED "BEER, WINE AND LIQUOR LICENSING AND REGULATION" BY ADDING SECTION 5.61 REGARDING ; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 5.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Five, Section 5.01 is hereby amended by amending or adding the following definitions: Brewer means a person or enti who manufactures beer malt liquor for sale. Brewpub means an establishment in which malt liquor is brewed or manufactured for sale and consumption on tap on the premises where the malt liquor is brewed or for sale and personal consumption off the brewer's premises. Section 2. Eagan City Code Chapter Five, Section 5.33, Subd. 3, shall be amended to read as follows: Subd. 3. No license shall be granted to a wholesaler or manufacturer of beer or to anyone holding a financial interest in such manufacture or wholesaling except a license may be issued to a brewer or manufacturer in connection solely with the operation of a brewpub subject to the regulations provided in this Chapter. Section 3. Eagan City Code Chapter Five, Section 5.02, Subd. 8(B), shall be amended to read as follows: B. No person holding a license from the commissioner as a manufacturer, brewer or wholesaler may have a direct or indirect interest, in whole or in part, in a business holding an alcoholic beverage license from the city, except a license may be issued to a brewer or manufacturer in connection solely with the operation of a brewpub subject to the regulations provided in this Chapter. Section 4. Eagan City Code Chapter Five, Section 5.33, Subdivision 6 shall be amended to read as follows: Subd. 6: On-sale licenses shall be granted only to bona fide clubs, traditional or casual restaurants, golf courses/clubs, and hotels. Off-sale licenses may be granted to liquor stores, brewpubs operated in connection with a restaurant establishment, and general food stores. Section 5. Eagan City Code, Chapter Five, shall be amended by adding Section 5.61 to read as follows: Sec. 5.61 Brewpub License and Regulations. Subd. 1. It is unlawful for any person or entity, directly or indirectly, to operate a brewpub without the appropriate license issued by the Minnesota Commissioner of Public Safety in accordance with Minnesota Statutes, Chapter 340A, or to sell, barter, keep for sale or otherwise dispose of malt liquor on or from the premises on which the malt liquor is manufactured or brewed without an on-sale or off-sale license therefor from the City. A brewer who holds a brewer license issued by the Minnesota Commissioner of Public Safety for the operation of a brewpub shall be subject to the provisions of this Chapter, all other applicable provisions of the City Code, and other state and local laws relating to the operation of the licensee's business. Subd. 2. A licensed brewpub shall be subject to the following regulations: A. The brewpub shall be operated in and as a part of a restaurant establishment for which an on-sale intoxicating liquor or beer license may be, an d has been, issued. B. An off-sale license may be issued for solely the malt liquor produced and packaged on the licensed premises. C. The off-sale of malt liquor from the licensed premises shall be limited to the legal hours for off-sale at liquor stores and shall be removed from the premises before the off-sale closing time requirements. D. Only malt liquor may be brewed or manufactured at the licensed premises and no more than 3,500 barrels of malt liquor in a calendar year maY be brewed or manufactured at the licensed premises. E. Only wort produced in Minnesota may be used in brewing or manufacturing the malt liquor on the licensed premises and the entire production of malt liquor is solely for consumption on tap on the licensed premises or for off-sale for personal consumption from the licensed premises No wholesale sale or sale for re-sale of the malt liquor shall be conducted. F The malt liquor manufactured or brewed on the licensed premises shall be packaged in 64-ounce containers commonly known as "qrowlers," with a twist-type closure, cork, stopper or plug. G At the time of the sale a gaper or plastic adhesive band, strip, or sleeve shall be applied to the container and extend over the top of the twist-tore closure, cork, stopper, or plug forming a seal that must be broken upon opening of the container. H. The container shall be identified as malt liquor, contain the name of the malt liquor, bear the name and address of the brewer selling the malt liquor and shall be considered intoxicating liquors unless the alcohol content is labeled as otherwise in accordance with the provisions of Minnesota Rules. 1. The brewpub's total retail sales at on- or off-sale may not exceed 3,500 barrels per calendar year, provided that off-sales may not total more than 50% of the brewer's production or 500 barrels, whichever is less. J. A brewer operating a breMub may hold or have an interest in other retail on-sale licenses, but may not have an ownership interest in whole or in part, or be an officer, director, agent or employee of, any other manufacturer, brewer, importer, or wholesaler or be an affiliate thereof, whether the affiliation is corporate or by management, direction or control. Notwithstanding this prohibition, a brewer licensed under this provision may be an affiliate or subsidiary company of a brewer licensed in Minnesota or elsewhere if that brewer's only manufacture of malt liquor is: (1 as a brewpub as defined herein and limited to the regulations of a brewpub by this Chapter; (2) manufactured in another state for consumption exclusive) in a restaurant located in the place of manufacture or brewing; or (3) manufactured in another state for consumption primarily in a restaurant located in or immediately adjacent to the place of manufacture, if the brewer was licensed subject to the regulations herein on January 1, 1995. K. A breMub holding an on-sale intoxicating liquor license or on-sale beer license shall be subject to all of the provisions and regulations for such license. A brewpub holding an off-sale license for the sale of malt liquor brewed on the premises shall be subject to all of the provisions and regulations for off-sale licenses set forth in this Chapter. Section 6. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 5.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 7. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Maria Petersen By: Pat Geagan Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Agenda Information Memo August 1, 2005, Eagan City Council B. CONDITIONAL USE PERMIT AND FINAL PLAT (YANKEE DOODLE SUBSTATION) - DAKOTA ELECTRIC ACTION TO BE CONSIDERED: To accept the Environmental Assessment for the Transmission line upgrade. To approve (OR direct Findings of Fact for Denial) a Conditional Use Permit for expansion of the substation located at the intersection of Yankee Doodle Road and Wescott Woodlands in the NE'/4 of Section 14; Subject to the conditions listed in the June 28, 2005 APC minutes. To approve (OR direct Findings of Fact for Denial) a Final Plat creating a 1.3 acre parcel (Yankee Doodle Substation) for property located at the intersection of Yankee Doodle Road and Wescott Woodlands in the NE '/4 of Section 14. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present. FACTS: ➢ The substation is existing on the subject site ➢ Dakota Electric is proposing to upgrade this site from 69 kV to 115 kV ➢ The substation upgrade is concurrent with the upgrade of the transmission line ➢ The upgrade is necessary to meet the surrounding corporate and residential electrical needs ➢ At its regular meeting of June 7, 2005 the City Council approved the applicant's request that the City serve as the Responsible Government Unit (RGU) for the Environmental Assessment review. Notice of the Environmental Assessment has been published in the EQB monitor and there have been no public comments. ➢ At the June 26, 2005 APC meeting that applicant was directed to submit a revised Landscape Plan that provided screening to the neighboring residential uses, the revised Landscape Plan has been submitted and is acceptable. ➢ The Advisory Planning Commission held a Public Hearing on June 26, 2005 and recommended approval 60-DAY STATUS: Deadline is September 23, 2005 (City extended) ATTACHMENTS: (4) June 26, 2005, APC Minutes on pages t 14- Staff report on pages lp 457 through 2. Environmental Assessment on pages through Revised Landscape Plan on page Final Plat on page LL-57 ti~3 City of Eagan Advisory Planning Commission Meeting Minutes June 28, 2005 Page 5 B. Dakota Electric Applicant Name: Dakota Electric Location: Parcel ID 10-01400-010-02; Yankee Doodle Rd and Wescott Woodlands Application: Conditional Use Permit A Conditional Use Permit for expansion of substation. File Number: 14-CU-09-05-05 Planner Cartney introduced this item and highlighted the information presented in the City Staff report dated June 20, 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. Member Bendt asked if the chain link fence was installed for technical reasons. Craig Knudsen of Dakota Electric stated the chain link fence helps to keep the equipment cool. He stated the fence would be expanded and landscaping will be added as equipment upgrades are made. Member Gladhill stated he would like to see additional screening against the residential side of the property. Mr. Knudsen stated a fence is mandatory for safety; however agreed to add a buffer where possible. He stated he will work with the City to revise the landscaping plan. Member Hansen moved, Member Matthees seconded a motion to recommend approval of a Conditional Use Permit to upgrade the substation located at the corner of Yankee Doodle Road and Wescott Woodlands subject to the following conditions as amended: 1. The property shall be platted 2. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 3. The property shall be platted within six months of approval of the CUP. 4. The applicant shall obtain all necessary permits from Dakota County for work within Yankee Doodle Road right-of-way. 5. A revised landscape plan shall be submitted providing screening to the residential properties where possible. All voted in favor. Motion carried 7-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: June 20, 2005 CASE: 14-CU-09-05-05 APPLICANT: Dakota Electric Association HEARING DATE: June 28, 2005 PROPERTY OWNER: Same APPLICATION DATE: May 26, 2005 REQUEST: Conditional Use Permit PREPARED BY: Sheila Cartney LOCATION: Southeast corner of Yankee Doodle Road and Wescott Hills Drive COMPREHENSIVE PLAN: QP, Quasi Public ZONING: PF, Public Facility SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit (CUP) to allow a substation for Dakota Electric at property located in the southeast corner of Yankee Doodle Road and Wescott Hills Drive in the NE'/4 of Section 14. There is currently a substation located on the subject site that was constructed with out the benefit of a CUP. 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: 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, 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 65' Planning Report - Dakota Electric CUP June 28, 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, 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. BACKGROUND/HISTORY The substation was constructed in 1970. The substation serves six circuits: Eagandale Industrial Park, one of the preferred sources for the Thompson/West campus, primarily feeds surrounding residential areas, Commercial and residential (Tolmark Apartments, Carriage Hills/Carriage Green Condos etc) second source for bulk mail center, Gopher Eagan Industrial Park and an additional alternate feed to Thompson West campus and residential areas. EXISTING CONDITIONS The subject site is currently used for a Dakota Electric substation, the substation is equipped to handle 69kV. The site has access from Yankee Doodle Road and Wescott Woodlands. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property. Existing Use Zoning Land Use Designation North Vacant I-1, Limited Industrial IND, Industrial South Mother of Mary LB, Limited Business OS, Office Service 66 Planning Report - Dakota Electric CUP June 28, 2005 Page 3 Shelter East Single family R-2, Residential MD, Medium Density residence Double Residential 4-12 u/a West Carriage Hills Golf P, Park P, Park and recreation Course open space EVALUATION OF REQUEST Compatibility with Surrounding Area - The substation already exists and appears compatible with the area. Proposal - Dakota Electric Association (DEA) is proposing to upgrade the substation located at Yankee Doodle and Wescott Woodlands Drive. The station upgrade will include a new 115 kV transformer that will transform 115kV transmission voltage to lower distribution levels. The distribution lines will exit the substation underground and interconnect with existing distribution facilities. The entire substation will be fenced. This upgrade is in preparation of transmission lines being upgraded and electrified as well The transmission line upgrade is subject to an Environmental Assessment being produced by Dakota Electric Association and Great River Energy (the City is the RGU on this assessment). Site Plan - The Site Plan indicates additional structures and equipment added to the site. The main entrance will remain on Wescott Hills Road, a secondary access is proposed on Yankee Doodle Road, the location will be relocated slightly to the east. The PF District requires two feet of setback for each one foot of structure height, with a minimum of 30 feet and maximum of 50 feet. The proposal meets this setback requirement. Ply - The subject site is not platted. As part of the CUP review it has been determined that the site should be platted. The applicant is in agreement to plat the property. . Landscaping - This type of use doesn't typically require a landscape plan; however, the applicant did submit a landscape plan with some screening along Yankee Doodle and ornamental plantings along Wescott Woodlands. This proposal will result in the loss of 23 trees; there is not a removal or replacement allowance for this type of project. Grading/ Topogrraphy - The site was graded with the existing substation and is generally open with wooded areas along the east side of the property. Utilities - Sanitary sewer and water main service is not necessary for the continued use of the site as a substation. A water main hydrant at the intersection of Yankee Doodle Road and Wescott Woodlands is available to provide fire protection. Storm Drainage - A majority of the site will be surfaced with rock that allows for infiltration into the subsurface soils. Storm drainage patterns will be perpetuated as currently exists. 6~ Planning Report - Dakota Electric CUP June 28, 2005 Page 4 Access - This applicant proposes to maintain two public street accesses, one onto Wescott Woodlands to the west and one to Yankee Doodle Road (County Road 28) to the north. The applicant states that two access points allow large maintenance vehicles to enter and exit the site without backing up. The close proximity of the access onto Yankee Doodle Road from Wescott Woodlands (approximately 200 feet) will require a variance from Dakota County's access spacing guidelines. The applicant states that the site is remotely monitored and anticipates on-site maintenance vehicle traffic of less than 1 vehicle/ week. Dakota County will review this application as a concept plan after this report is prepared, the County will make recommendations on the access once the applicant applies for Final Plat. Permits/ Right-of-Way - The applicant should obtain all necessary permits from Dakota County for work within Yankee Doodle Road right-of-way. SUMMARY/CONCLUSION Dakota Electric is requesting approval of a Conditional Use Permit to upgrade the existing substation. The applicant is proposing modifications of the substation to prepare for transmission line up-grades. The substation currently does not have a CUP on file with the City and the upgrade generates this need. Approval of the CUP for the substation also approves the upgrade of the transmission lines. This applicant proposes to maintain public street access to both, one onto Wescott Woodlands and to Yankee Doodle Road (County Road 28) to the north. The applicant states that two access points allow large maintenance vehicles to enter and exit the site without backing up. The close proximity of the access onto Yankee Doodle Road from Wescott Woodlands (approximately 200 feet) will require a variance from Dakota County's access spacing guidelines. Dakota County will formally review this proposal at the time of Final Plat. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to upgrade the substation located at the corner of Yankee Doodle Road and Wescott Woodlands; if approved the following conditions apply: 1. The property shall be platted 2. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 3. The property shall be platted within six months of approval of the CUP. 4. The applicant shall obtain all necessary permits from Dakota County for work within Yankee Doodle Road right-of-way. V FINANCIAL OBLIGATION-I4-CU-09-05-05 -10-01400-010-02 Intersection of Wescott Woodlands and Yankee Doodle Road Iiere are pay-off balances of special assessments totaling $7,146 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. IMPROVEMENT USE RATE QUANTITY AMOUNT Sanitary Sewer Lateral CA $26.70/F.F. 298 F.F. $7,957 Water Lateral C/I 33.95/F.F. 106 F.F. 3,599 Total $11,556 '9 Eagan Boundary Right-of-way L /sti at i /tin Map Parcel Area [Vl [V_ [V■ ii Park Area Building Footprint i jS~ f ~'tl ' J~ v \ t i ( ,ti It [ ~\dk Subject Site C r I f i i I i .ren s tratuese senses ssy J 4*1 IWO t I ( I (j{ , 1~~7 ~~1t t '-tom n - ~ ~ ~ owl IP !a ~r~r• e. ~ l ~jlr4- 4. If i R ~t +ci ss 1 } + f I f / s4\ \ a~ r~ 6t6 ball saw 17 a E~" jy ~ ~_~_,__f `>~Fl , s♦ ► L Bi ~ • 1[ B;_ , 1300 G 1030 2300 Fee; Development/Developer. Dakota Electric Application: Conditional Use P Case No.: 14-CU-09-05-05 Map Prepared using ERSI ArrV-ew 51. Parcel base nap data pmidad by Dakota ,aunty ot)tcar of GrS and is cumnt as of Apol 2405. THIS MAP IS INTENDED FOR REFERENCE USE ONLY City of &PR w The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S not r------ ible f 4 Dakota Electric Current Zoning and Comprehensive Guide Plan Conditional Use Permit Land Use Map Case No. 14-CU-09-05-05 Zoning Map '-1 BP Current Zoning: !-1 1-1 Location PF BP Public Facility CO. HWY. NO. 20 (YANKEE DOODLE RD.) F R- LB R- P R-1 000 0 000 1200 Feet Comprehensive Guide Plan - IND Land Use Map BP IND lloLrration D Current Land Use Designation: BP 0. NWY. NO. 20 (YANKEE DOODLE RD.) QP QP D D Quasi Public &Z 0 P i LD I GOD 0 000 1200 Feet Parcel base map 1 ormatioo prov y Dakota County Lend Survey Departmort Jura 2003. N ntormaUon malMainetl byCity Stag City of Eagan W E THIS 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 r" OTQ G J ELE TRIO GREAT RIVER A S S 0 C I A T 1 0 H ENERGY' liver Tiwthuxx Enwrp' ParmxT s'tlk GREAT RIVER ENERGY DAKOTA ELECTRIC ASSOCIATION 17845 East Hwy 10 PO Box 800 4300 220 Street West Elk River, MN 55330-0800 Farmington, MN 55024 763-241-2229 651-463-6212 www.greatriverenergy.com 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 will 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 e 3 substation will be fenced. Xcel Energy's Lone Oak Substation will require some minor modifications. _ The Transmission Line (See Map on Back) The transmission line that will be utilized for this project, which runs from the if / 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, construction, 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 I' 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. Contacts Dale Aukee Craig Knudsen Field Representative Land Use Manager Great River Energy Dakota Electric Association 17845 E. Highway 10 4300 220 Street West Elk River, MN 55330 / Farmington, MN 55024 763-241-2229 651-463-6332 daukee4w,aAemy com -kn gLag ~ kotaelectric com - V28/200c- Atl003a0 'nd 9t:0-. 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I xp^' T;y.y. i ' IS rsk ik F . ho vf K. i r f:. is ii •I { ,s n '..s--. j - {v y 11' .1 1 - ~ L 1 ^1 s j ry it y ti t, jI _ n I a ~a z".~ J y~ k f V x r -aei- -~dlb'-.._-^~•~.~C SK , ~t ~ _Y,~.S,.?..~-.emu-• V 1 I u a Environmental Assessment for the Proposed Yankee Doodle Transmission Project Dakota County, Minnesota City of Eagan July 2005 Table of Contents 1.0 Summary ..........................................................................................1 2.0 Proposed Facilities ..........................................................................1 2.1 Project Need ...........................................................................1 2.2 Proposed Location ..................................................................1 2.3 Ownership ...............................................................................1 2.4 Substation Design ...................................................................4 2.5 Transmission Facilities ............................................................4 2.6 Cost Estimate .........................................................................4 3.0 Environmental Analysis ..................................................................6 3.1 Natural Environment ...............................................................6 3.2 Human Settlement ..................................................................6 3.3 Noise .......................................................................................7 3.4 Aesthetics ...............................................................................7 3.5 Soils and Geology ...................................................................7 3.6 Archaeological and Historic Resources ..................................7 3.7 Transportation .........................................................................7 3.8 Public Health and Safety .........................................................7 4.0 Permits, Approvals and Public Comments ...................................8 4.1 Overview of the Minnesota Approval Process ........................8 4.2 EA Public Involvement ............................................................8 4.3 Local Permitting 8 4.4 Other Permits and Approvals ...........................................9 Figures Figure 1 Vicinity Area Map ....................................................................2 Figure 2 Project Map .............................................................................3 Figure 3 Yankee Doodle Substation Plot Plan 5 Appendices Appendix A Agency Correspondence Appendix B Correspondence/ Legal Notices i~ 1.0 Summary Great River Energy (GRE) and Dakota Electric Association (DEA) propose to re- energize one mile of an existing Xcel Energy 115 kV transmission line and to rebuild a 69 kV distribution substation to meet the growing electrical demand and improve the service and reliability of electric facilities in the Eagan, Minnesota area (Figure 1). 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. Xcel Energy will also make minor modifications to its Lone Oak Substation to accommodate the project. The transmission line that will be utilized for this project is currently a de-energized Xcel Energy 115 kV transmission line running from the Lone Oak Substation to the Yankee Doodle Substation (Figure 2). The existing poles and wire are designed for 115 kV operations. 2.0 Proposed Facilities 2.1 Project Need Electrical demand in the, Eagan area has grown beyond the capability of the existing 69 kV sources. This project will provide a needed 115 kV transmission source and allow DEA to maintain adequate voltage and improve reliability to area customers. 2.2 Substations DEA will rebuild the existing Yankee Doodle Substation located in Section 14, T27N, R23W on the southeast corner of Yankee Doodle Road and Wescott Woodlands Drive. The existing substation is located on a 1.34-acre parcel, which is adequate for the expansion (no additional land will be acquired). The fenced area of the substation will increase from approximately 11,500 square feet to approximately 27,770 square feet. Xcel Energy will make minor equipment modifications at its Lone Oak Substation in Section 11. 2.3 Ownership The Yankee Doodle Substation will be owned by DEA. The Lone Oak Substation and the transmission line will be owned by Xcel Energy. 1 C it of ~r Figure 1 Minnea lis City of Vicinity Area Map Mendota Heights ® City of I , Saint City of West City of Paul .ter. Saint Paul South .L~.r Saint Paul ® 52 ®C' of Mendota nerfstxr Snearng - / Le4'e tMtfRAR ~(:Sunfs~ _ City of Sunfish ek` 52 Pun Snelling Lake Slate PaR /yL~ke hcl:merLaAe City of ~un Bloomington i Project Area Lao. tINFSIAI Inee rq•r.O ~ © th,;i ® R'ecris.•q.. City of o.. \t e.. 1.+Le Eagan EWd wY. . 14. e City of TM>m: Inver Grove ~aLe Heights i Le4r City of Apple tter<urr. Valley © City of Rosemount ® ~c 2 ~-y w. Tr '°"f; "f .+f I., Figure 2 'Project Map i c` S i t a L } f I Existing Xcel Energy pa's Lone Oak Substation i Existing Xcel Energy r Transmission Line to be Energized E nit r 1 r r 44 -77 .1 = Existing DEA x Yankee Doodle Substation - y to be Rebuilt Legend ■ Dakota Electric Association (DEA) Distribution Substation r O Xcel Energy Distribution Substation P Proposed Rebuilt Transmission Line' 4? * u.z,.~ 3i k Existing GRE Transmission Line Existing Xcel Energy Transmission Line 2.4 Substation Design The substations are enclosed in fenced areas situated inside the larger parcels. There are 7-foot and 10-foot high chain link fences (with an additional one foot of barbed wire around the top) around the substation and they are designed to deter animals. The rebuilt Yankee Doodle Substation will include a new 115 kV transformer that will transform the 115 kV transmission voltage to lower distribution levels (Figure 3). The distribution lines will exit the substation underground and interconnect with existing distribution facilities. Modifications at the Lone Oak Substation will include relay protection and switching equipment. Some equipment within the substations is filled with mineral oil for cooling. This equipment sits on concrete pads with three (3) inches of crushed rock covering the entire fenced-in area in the event of an equipment leak. Substation sites are visited on a monthly basis to check for leaks. 2.5 Transmission Facilities The transmission line that will be utilized for this project is currently a de-energized Xcel Energy 115 kV transmission line running from the Lone Oak Substation to the Yankee Doodle Substation. The existing poles and wire are designed for 115 kV operations. There are four wires, three electrical and one for lightning protection. Some additional poles will be needed to support the 115 kV system around the substations. 2.6 Cost Estimate The estimated cost for rebuilding the Yankee Doodle Substation is $1,900,000 including all site preparation and equipment. The estimated cost for modifications at the Lone Oak Substation is $300,000. The estimated cost for reenergizing the existing transmission line is $ 200,000. The estimated cost of the entire project is $ 2,400,000. 4 o t Y ~ a Figure 3. Yankee Doodle Substation Plot Plan ! Ny Ta iZ > tg z® ~ Y Y O 6i g : 4~It~l f i I o I r I ~I I I U I si .o-.sv~ I 15 I 4 W ~ ~ I ° -~i21tyE~ I W I I I Z I I I } I I .o I I I o I I ~ l 3I § ~ ~ ~ I I I I I I I A-AL .alA~ R i SONVl000M .UOOS3M I I I mI Nj L] ~I U c Y I 'o e of OI ~I W W Y I Z Q Y I i 3.0 Environmental Analysis 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 Quality 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 an e-mail of July 7, 2005, the Corps indicated that the project does not include any work regulated by the Corps of Engineers. The project will not affect any Minnesota Department of Natural Resources (DNR) Public Waters and the DNR had no natural resource-related concerns (e-mail of July 12, 2005). 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 concerns on the project (e-mail of July 7, 2005). The FWS indicated that there are no federally listed species documented in the project area (phone conversation of May 25, e-mail of June 23, 2005). Effects on area wildlife will be minimal. The substations are designed to deter animal entry. 3.2 Human Settlement The project involves only existing substation sites and an existing transmission line, therefore impacts on human settlement will be very minimal. The current zoning for the Yankee Doodle Substation is Public Facility. There are townhomes to the east of the this substation, and screening will be provided in accordance with the landscape plan. ff3 The project will not cause the displacement of any residence or recreational area and will not affect any public services. 3.3 Noise The substations and modifications are 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 new 115 kV substation transformer will be designed in accordance with ANSI standards. 3.4 Aesthetics The project will have minimal impact on aesthetics of the area, as it is involves only existing facilities. 3.5 Soils and Geology Some grading will be required at the Yankee Doodle Substation. 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 June 15, 2005, SHPO indicated that no historic properties eligible for or listed on the National Register of Historic Places will be affected by this project. 3.7 Transportation The project will not affect any public right of ways. Access to the sites is via existing local and county roadways. No roadway improvements will be needed for equipment delivery. In a letter dated May 20, 2005, the Minnesota Department of Transportation, Division of Aeronautics indicated that the proposed project will not affect public airports. 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. 34 4.0 Permits, Approvals and Public Comments 4.1 Overview of the Minnesota Approval Process This project falls under the State of Minnesota's Power Plant Siting Act, (Minnesota Statutes § 116C.51-.69 and Minnesota Rules Chapter 4400) for transmission projects over 100 kV and requires a permit from the Minnesota Public Utilities Commission (Commission). However, for eligible projects, a utility may apply to the local unit of government that has jurisdiction over the project for approval instead of applying to the Commission (Minn. Rules pt. 4400.5000). This proposed 115 kV substation project is eligible for local review. The City of Eagan has agreed to act as the lead local unit of government with jurisdiction to approve the project. The City of Eagan was afforded the opportunity to relinquish its jurisdiction by requesting that the Commission assume jurisdiction, but has elected to maintain jurisdiction of the project. As required by Minn. Rules pt. 4400.5000 Subp.3, a project notice was sent to those persons on the Power Plant Siting General Notification list (see Appendix B). In accordance with Minn. Rules pt. 4400.5000 Subp.5, an environmental assessment (EA) prepared by the local unit of government with jurisdiction over the project must be completed. Specific requirements include an opportunity for public participation in developing the scope of the EA before it is prepared, published notice in the Environmental Quality Board (EQB) Monitor when the EA is available for 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. 4.2 EA Public Involvement The City of Eagan sent out a Public Comment Notice to landowners on June 14, 2005 to obtain input from the public on the scope of the EA for the project (see Appendix B). No comments were received from the public regarding the scope of the EA. 4.3 Local Permitting The City of Eagan requires a Conditional Use Permit (CUP) for this project. An application for a CUP for this project was submitted to the City on May 26, 2005. The City of Eagan sent out a Notice of Public Hearing on June 14, 2005 for the City of Eagan Conditional Use Permit Hearing on this project that was held on June 28, 2005. A copy of the notice is included in Appendix B. The City will make a decision on the CUP application after notice of the EA has been published in the EQB Monitor and the comment period requirements have been met. 8 4.4 Other Permits and Approvals Government Unit Type of Approval Regulated Activity Status USDA Rural Utilities Environmental Review Modifications to transmission Approval in process Service RUS facilities USDA Environmental Review Wetland conservation and impact on The NRCS did not Natural Resources unique, prime or statewide important respond to the project Conservation Service farmland review request. US Dept. of Interior Threatened and Review of records for federally No federally listed Fish and Wildlife Endangered Species threatened or endangered species species in the project Service Review that may exist at or near the area - phone substation site conversation of May 25, e-mail dated June 23, 2005 US Dept. of the Army Wetland and Review navigable water and the Proposed work is not Corps of Engineers Waterways Review dredging or filling of US waters regulated by Corps of including wetlands Engineers - e-mail of Jul 7, 2005 MN Dept. of Natural Environmental Review Comprehensive review of substation No concerns on the Resources (DNR) -Wetlands, Water, site impacts project - e-mails of Threatened and 7/7/05 and 7/12/05 Endangered Species Minnesota Airspace Concerns Public and private airports/airstrips Proposed project Department of substation will affect Transportation - public airports - Aeronautics Division Letter of 5/20105 MN Historical Society SHPO Review of Historic preservation No historic properties State Historic Nationally Registered will be affected by the Preservation Office Historic Places project - letter of SHPO June 15, 2005 City of Eagan Conditional Use Construction of electric facilities Application submitted Permit May 26, 2005 Grading Permit A royal in process Dakota County Access Permit Driveway access off county road Approval in process 9 Yankee Doodle Substation, Dakota County Page 1 of 1 Schmidt, Carole GREIER From: Yanta, Joseph J MVP [Joseph.j.yanta@mvp02.usace.army. mil] Sent: Thursday, July 07, 2005 11:30 AM To: Schmidt, Carole GRE/ER Subject: Yankee Doodle Substation, Dakota County As we discussed previously over the telephone, we have determined that the proposed minor substation work and line re- energization in Dakota County, Minnesota (described in your letter of May 5, 2005), not include any work regulated by the Corps of Engineers. You may consider this email a confirmation of our previous discussion. Joseph J. Yanta Project Manager Regulatory Branch St. Paul District, Corps of Engineers 651-290-5362 7/7/(15 Schmidt, Carole GRE/ER From: Nick Rowse@fws.gov Sent: Thursday, June 23, 2005 9:53 AM To: Schmidt, Carole GRE/ER Subject: RE: Cambridge and Yankee Doodle Hi Carole, Yes, the email below was just for the Cambridge project in Isanti County. Previously, I had reviewed the Yankee Doodle transmission line and substation project in Dakota County and found no federally listed species near the project site. This was documented with a phone call on May 25. Nick "Schmidt, Carole GRE/ER" <cschmidt@GREnerg To y.com> <Nick_Rowse@fws.gov> cc 06/23/2005 09:07 AM Subject RE: Cambridge and Yankee Doodle Hi Nick - was this e-mail just for Cambridge or was it also for Yankee Doodle? Maybe I need a separate e-mail from you on the Yankee Doodle Project in Dakota County. Thanks - Carole -----Original Message----- From: Nick Rowse@fws.gov [mailto:Nick_Rowse@fws.gov] Sent: Wednesday, June 08, 2005 4:26 PM To: Schmidt, Carole GRE/ER Subject: Re: Cambridge and Yankee Doodle Carole, I have reviewed the proposed peaking facility to be located near Cambridge in Isanti County and found no documented bald eagle nest sites or other federally listed species near the project area. 10 1 RECEIVED JUN 1 7 2005 MINNESOTA HISTORICAL SOCIETY STATE HISTORIC PRESERVATION OFFICE June 15, 2005 Ms. Carole Schmidt Great River Energy PO Box 800 Elk River, MN 55330-0800 RE: Proposed Yankee Doodle transmission project and substation T27 R23 S11 & S14, Eagan, Dakota County SHPO Number. 2005-2048 Dear Ms. Schmidt: Thank you for the opportunity to review and comment on the above project. It has been reviewed pursuant to the responsibilities given the State Historic Preservation Officer by the National Historic Preservation Act of 1966 and the Procedures of the Advisory Council on Historic Preservation (36CFR800). Based on available information, we conclude that no properties eligible for or listed on the National Register of Historic Places are within the project's area of effect. Please contact Dennis Gimmestad at (651) 296-5462 if you have any questions regarding our review of this project. Sincerely, ~l Britta L. Bloomberg Deputy State Historic Preservation Officer O 345 Kellogg Boulevard West Saint Paul, Minnesota 55102-1906/Telephone 651-296-6126 o1NESo4 o ti Minnesota Department of Transportation n F 3 ~o Office of Aeronautics Phone: 651/296-8202 OFR~ Mail Stop 410 Phone: 651/297-1600 222 East Plato Boulevard Fax: 651/297-5643 St. Paul, MN 55107-1618 Fax: 651/296-1828 RECEIVED MAY 2 5 2005 May 20, 2005 651 296-2788 Ms. Carole L. Schmidt Environmental Scientist Great River Energy 17845 East Hwy 10 P.O. Box 800 Elk River, Minnesota 55330-0800 Subject: Proposed Yankee Doodle 115kV Transmission Project Dakota County, Minnesota Dear Ms. Schmidt: We have reviewed your proposal for the Yankee Doodle 115kV Transmission Project. We do not anticipate any effect on public airports; therefore the Office of Aeronautics has no objection to the proposed project. If you have any questions regarding this matter, please call me. Sincerely, i~ /rJ Gene R. Scott, P.E. Regional Airport Engineer Am --1 nnnnrtunihi omnlnvar GREAT RIVER ENERGY' 17845 East Highway 10 P.O. Box 800 Elk River, Minnesota 55330-0800 763-441-3121 Fax 763-241-2366 5 May 2005 Mr. Joe Yanta Department of the Army Corps of Engineers St. Paul District, Attn: CO-R 190 Fifth Street East St. Paul, MN 55101-1638 RE: Proposed Yankee Doodle 115 kV Transmission Project Dakota County, Minnesota Dear Mr. Yanta: On behalf of Xcel Energy and Dakota Electric Association (DEA), Great River Energy (GRE) is in the process of preparing an environmental assessment (and an Environmental Report for the Rural Utilities Service) for a 115 kV transmission project in Dakota County, Minnesota. The project will involve re-energizing one mile of an existing Xcel Energy 115 kV transmission line, minor modifications to the Xcel Energy Lone Oak Substation, and rebuilding an existing DEA 69 kV substation to accommodate the115 kV voltage. The project will provide a needed 115 kV source in the area, strengthen the electrical power grid, and allow DEA to maintain adequate voltage and improve reliability to area customers. The proposed project is located in Sections 11, and 14, T27N, R23W, within the city limits of Eagan, Minnesota. A project description/site map is enclosed for your information. GRE is requesting information on the possible effects of the proposed project on floodplains, wetlands, and other important natural resources that occur in the project area. We would appreciate receiving any written comments from your office by Friday, June 3, 2005. If you have any questions about this proposed project, please contact me at (763) 241-2272. If you wish to -respond by e-mail, my address is csAmidj@ ener .com. Thank you for your cooperation and assistance. Sincerely, GREAT RIVER ENERGY Carole L. Schmidt Environmental Scientist Enclosure hAcschmidffankee Doodle\YankDoodDOA I?C~ www. G re atR i v& E n e rgy. c o m GREAT RIVER ENERGY` 17845 East Highway 10 • P.O. Box 800 • Elk River, Minnesota 55330-0800 763-441-3121 Fax 763-241-2366 5 May 2005 Mr. Tom Balcom, Supervisor Division of Ecological Services Minnesota Department of Natural Resources 500 Lafayette Road St. Paul, MN 55155-4025 RE: Proposed Yankee Doodle 115 kV Transmission Project Dakota County, Minnesota Dear Mr. Balcom: On behalf of Xcel Energy and Dakota Electric Association (DEA), Great River Energy (GRE) is in the process of preparing an environmental assessment (and an Environmental Report for the Rural Utilities Service) for a 115 kV transmission project in Dakota County, Minnesota. The project will involve re-energizing one mile of an existing Xcel Energy 115 kV transmission line, minor modifications to the Xcel Energy Lone Oak Substation, and rebuilding an existing DEA 69 kV substation to accommodate the115 kV voltage. The project will provide a needed 115 kV source in the area, strengtherr-th-e-electrical-'power- grid, and allow DEA to maintain adequate voltage and improve reliability to area, customers. The proposed project is located in Sections 11 and 14, T27N, R23W, within the city limits of Eagan, Minnesota. A project description/site map is enclosed for your information. GRE is requesting information on the possible effects of the proposed project on wetlands, threatened and endangered species, and other important state'natural resources that occur in the project area. GRE reviewed the DNR Public Water Inventory Map for Dakota County and the Minnesota Natural Heritage database and found there are no Public Waters or Sensitive Areas in the vicinity of the proposed project (see attached maps). We would appreciate receiving any written comments from your office by Friday, June 3, 2005. If you have any questions about this proposed project, please contact me at (763) 241-2272. If you wish to respond ' by e-mail, my address is cschmidt@grenerS-y.com. Thank you for your cooperation and assistance. Sincerely, GREAT RIVER ENERGY Carole L. Schmidt Environmental Scientist Enclosures 3 csch rn t an kee Doodl&WankDoodDNR www. GreatRiverEnergy.com o. ' Tit r i f r f . -Y qL ♦d cJ~ , ~ - ~oi~ o - T i~r fit t* 3 •a SAr ww. N Z r ~ i J M -a-~ a • f ~ A f,~• p 3 GA . moo' \ Cr I ` i •n I r' ~ O • 7 .l WO 0.t ~ i \ OL \ •4\ Sensitive Areas Inver Grove Heights 1:24,000 U.S.G.S. Quadrangle (DNR Code = S17d) Includes portions of Dakota and Washington Counties Ell . Ai S~ - 1 ~e I ~l A -Eq N • Center of Highly Sensitive Areas Water bodies Major Roads • Center of Sensitive Plant Areas Q County boundaries Other Roads • Center of Sensitive Animal Areas Q Township lines Railroads Center of Significant Native Plant Community Areas Section Ones T mnM:rssor ai.I.ahai sv.v.y C-M. OnN Quadrangle border ^y nr Wr Significant Native Plain Communttrtes rmma.e by e.. Mn- a ,ty 1liobpfr survey un3ad Sen e- Graup +Mwr GIS Department O Buffer Designating Sensitive Areas 17&S East Nplmay 10 pti" Ek River. MN 553300341 .~.:,si.:.... (763) 241-3765 M Significant Railroad Prairie Right-of Way Areas uNrrEO sEawcea Q ro u o ff RIVER ErEaor .......:..°n~.`...,~w`+ ..w:.`.~w. 1UKENl1WARRANIYASMO 04Cg1eAC(DRUSAB ~O~ OF THE aTA LLVSTRAI®IH Ma WCIa®1r. Ma MMM April 1. 2004. y.,pn, minx wr..wt~ e.aW..e E..Tr.W M.. A.w•w1 C4 Is GREAT RIVER ENERGY` 17845 East Highway 10 P.O. Box 800 Elk River, Minnesota 55330-0800 763-441-3121 Fax 763-241-2366 5 May 2005 Mr. Nick Rowse, Habitat Conservation Biologist United States Department of the Interior Twin Cities Field Office 4101 East 80th Street Bloomington, MN 55425-1665 RE: Proposed Yankee Doodle 115 kV Transmission Project Dakota County, Minnesota Dear Mr. Rowse: On behalf of Xcel Energy and Dakota Electric Association (DEA), Great River Energy (GRE) is in the process of preparing an environmental assessment (and an Environmental Report for the Rural Utilities Service) for a 115 kV transmission project in Dakota County, Minnesota. The project will involve re-energizing one mile of an existing Xcel Energy 115 kV transmission line, minor modifications to the Xcel Energy Lone Oak Substation, and rebuilding an existing DEA 69 kV substation to accommodate the115 kV voltage. The- project will provide a needed 115 kV source in the area, strengthen the electrical power grid, and allow DEA to maintain adequate voltage and improve reliability to area customers. The proposed project is located in Sections 11, and 14, T27N, R23W, within the city limits of Eagan, Minnesota. A project description/site map is enclosed for your information. GRE is requesting information on the possible effects of the proposed project on any listed or proposed threatened or endangered species and designated or proposed critical habitat that may be present in the project area. The proposed project does not represent a "major construction activity" as defined in 50 CFR 402.02. We would appreciate receiving any written comments from your office by Friday, June 3, 2005. If you have any questions about this proposed project, please contact me at (763) 241-2272. If you wish to respond by e-mail, my address is cschmidt@a,uenerg .com, Thank you for your cooperation and assistance. ' Sincerely, GREAT RIVER ENERGY Carole L. Schmidt Environmental Scientist Enclosure h:lcschmidffankee DoodlelYankDoodFWS www.GreatRiverEnergy.com GREAT RIVER ENERGY' 17845 East Highway 10 P.O. Box 800 Elk River, Minnesota 55330-0800 763-441-3121 Fax 763-241-2366 5 May 2005 Ms. Britta L. Bloomberg Deputy State Historic Preservation Officer Minnesota Historical Society 345 Kellogg Blvd. West St. Paul, MN 55102-1906 RE: Proposed Yankee Doodle 115 kV Transmission Project Dakota County, Minnesota Dear Ms. Bloomberg: On behalf of Xcel Energy and Dakota Electric Association (DEA), Great River Energy (GRE) is in the process of preparing an environmental assessment (and an Environmental Report for the Rural Utilities Service) for a 115 kV transmission project in Dakota County, Minnesota. The project will involve re-energizing one mile of an existing Xcel Energy 115 kV transmission line, minor modifications to the Xcel Energy Lone Oak Substation, and rebuilding an existing DEA 69 kV substation to accommodate the115 kV voltage. The project will provide a needed 115 kV source in the area, strengthen the electrical power grid, and allow DEA to maintain adequate voltage and improve reliability to area customers. The proposed project is located in Sections 11 and 14, T27N, R23W, within the city limits of Eagan, Minnesota. A project description/site map is enclosed for your information. GRE is requesting information on the possible effects of the proposed project on historic properties in the project area. We would appreciate receiving any written comments from your office by Friday, June 3, 2005. If you have any questions about this proposed project, please contact me at (763) 241-2272. If you wish to respond by e-mail, my address is cschmidl@o-renergy.com . Thank you for your cooperation and assistance. Sincerely, ` GREAT RIVER ENERGY 6- 1-1d, Carole L. Schmidt Environmental Scientist Enclosure h:\cschrnidt\Yankee Doodle\YankDoodMHS wwv,- GreatRiverEnergy.corn GREAT RIVER ENERGY' 17845 East Highway 10 • P.O. Box 800 • Elk River, Minnesota 55330-0800 763-441-3121 Fax 763-241-2366 5 May 2005 Mr. Gene Scott Office of Aeronautics Minnesota Department of Transportation 222 E. Plato Blvd. St. Paul, MN 55107-1618 RE: Proposed Yankee Doodle 115 kV Transmission Project Dakota County, Minnesota Dear Mr. Scott: On behalf of Xcel Energy and Dakota Electric Association (DEA), Great River Energy (GRE) is in the process of preparing an environmental assessment (and an Environmental Report for the Rural Utilities Service) for a 115 kV transmission project in Dakota County, Minnesota.. The project will involve re-energizing one mile of an existing Xcel Energy 115 kV transmission line, minor modifications to the Xcel Energy Lone Oak Substation, and rebuilding an existing DEA 69 kV substation to accommodate the115 kV voltage. The project will provide a needed 115 kV source in the area, strengthen the electrical power grid, and allow DEA to maintain adequate voltage and improve reliability to area customers. The proposed project. is located in Sections 11 and 14, T27N, R23W, within the city limits of Eagan, Minnesota. A project description/site map is enclosed for your information. GRE is requesting information on the possible effects of the proposed project on airports or airstrips in the project area. We would appreciate receiving any written comments from your office by Friday, June 3, 2005. If you have any questions about this proposed project, please contact me at (763) 241-2272. If you wish to respond by e-mail, my address is cschmidt crenergv com. Thank you for your cooperation and assistance. Sincerely, ' GREAT RIVER ENERGY C,a~ L ~4- Carole L. Schmidt Environmental Scientist Enclosure hAcschmiciffankee Doodle\YankDoodDOA www. G reat R i ve r E n e ray. co m E K GREAT RIVER ENERGY` 17845 East Highway 10 P.O. Box 800 Elk River, Minnesota 55330-0800 763-441-3121 Fax 763-241-2366 5 May 2005 Mr. John Crellin, District Conservationist Natural Resources Conservation Service Farmington Field Office 4100 220th St. W., Suite 103 Farmington, MN 55024-9590 RE: Proposed Yankee Doodle 115 kV Transmission Project Dakota-County, Minnesota Dear Mr. Crellin: On behalf of-Xcel Energy and Dakota Electric Association (DEA), Great River Energy (GRE) is in the process of preparing an environmental assessment (and an Environmental Report for the Rural Utilities Service) for a 115 kV transmission project in Dakota County, Minnesota. The project will involve re-energizing one mile of an existing Xcel Energy 115 kV transmission line, minor modifications to the Xcel Energy Lone Oak Substation, and rebuilding an existing DEA 69 kV substation to accommodate the115 kV voltage. The project will provide - a- needed--115 kV source in the area, strengthen the electrical power grid, and allow DEA to maintain adequate voltage and improve reliability to area customers. The proposed project is located in Sections 11 and 14, T27N, R23W, within the city limits of Eagan, Minnesota. A project description/site map is enclosed for your information. GRE is requesting information on the possible effects of the proposed project on important or prime farmlands in the project area. We would appreciate receiving any written comments from your office by Friday, June 3, 2005. If you have any questions about this proposed project, please contact me at (763) 241-2272. If you wish to respond by e-mail, my address is cschmidt(c "ener .com. Thank you for your cooperation and assistance. ' Sincerely, GREAT RIVER ENERGY Carole L. Schmidt Environmental Scientist Enclosure hAcschmidtWankee DoodlelYankDoodNRCS q www. G reatRiverEnergy.com Yankee Doodle 115 kV lansmission Project Transmi sign Ling end Substation ~J FLEE %'IC GREAT RIVER A S S 0 C I A T 1 0 N ENERGY` AT-J -1....-cm, -y, t>. 1iwrTiw 6umcEmny`Paniver GREAT RIVER ENERGY DAKOTA ELECTRIC ASSOCIATION 17845 East Hwy 10 PO Box 800 4300 220 Street West Elk River, MN 55330-0800 Farmington, MN 55024 763-241-2229 651-463-6212 www.greatriverenergy.com 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 will 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 Iodated on the southeast comer 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. 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, construction, 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 i ` 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 Represenfativelocal approval. Because this is a local load serving project, GRE and DEA have Pole Design, elected to seek local approval. Contacts Dale Aukee Craig Knudsen Field Representative Land Use Manager Great River Energy Dakota Electric Association 17845 E. Highway 10 4300 220 Street West Elk River, MN 55330 Farmington, MN 55024 763-241-2229 651-463-6332 daukee a)grenemy.com cknudsen dakotaelectric.com 4128/2005 PROJECT MAP 4 tfM W 4, y. 4 p o-~ Existing Xcel Energy Lone Oak Substation ~ ~ ~w~; ""sue: Existing Xcel Energy ,s• Transmission line r Fii~ Sri 3~ •h ~ t r•1 _ I '1 Existing DEA Yankee Doodle Substation to be Rebuilt ~e Legend ■ Dakota Electric Association (DEA) Distribution Substation Xcel Energy Distribution Substation Proposed Rebuilt Transmission Line Existing GRE Transmission Line EAs€ing Xcel Energy Transmission Line r ~ " 3MFIIWA L_Lv 1~11-7GREAT RIVER ENERGY' 17845 East Highway 10 P.O. Box 800 Elk River, Minnesota 55330-0800 763-441-3121 Fax 763-241-2366 June 1, 2005 WO #40391 Mr. Robert Schroeder, Chair MN Environmental Quality Board 658 Cedar St., RM 300 St. Paul, MN 55155 SUBJECT: Yankee Doodle115 kV Substation and Transmission Project Dear Mr. Schroeder: In accordance with the Power Plant Siting Act, this letter serves as the required notice to the Minnesota Environmental Quality Board (EQB) Chair. Great River Energy (GRE) and Dakota Electric Association (DEA) have elected to seek local approval to energize a Xcel Energy existing 115 kV transmission line and rebuild a substation to 115 kV. GRE (wholesale power supplier to DEA) will assist DEA and the City of Eagan with the permitting process. A Conditional Use Permit application was delivered to the City of Eagan on May 26, 2005. The City of Eagan has been informed that they have 60 days to refer the permitting process to the EQB. The proposed project will be completely within the City of Eagan, Dakota County. The rebuilt facilities will meet the growing electrical demand and improve the service and reliability of electric facilities in the area. A fact sheet that provides more detail on the project is enclosed. Questions regarding this project should be directed to Sheila Cartney, Planner for the City of Eagan at 651-675-5696. 1 may be reached at 763-241-2229. Thank you for your attention to this matter. Sincerely, GREAT RIVER ENERGY Dale Aukee Field Representative Enclosure CC: EQB General List of Interested Persons - w/encl. Craig Knudsen, DEA - w/encl. Craig Turner, DEA - w/encl. DA:jh\subs\lakeconstance\egblocalrevieWtr.doc Direct Dial (763) 241-2229 E-Mail dauke//e@grenergy.com FAX (763) 241-6003 www.GreatRiverEnergy.com SUSAN ADAMS JAMES ALDERS DEB AMBERG STATESIDE ASSOCIATES XCEL ENERGY MINNESOTA POWER 2300 CLARENDON BLVD. 414 NICOLLET MALL 30 W. SUPERIOR ST. SUITE 407 MINNEAPOLIS, MN 55401 DULUTH, MN 55802 ARLINGTON, VA 22201 ROBERT AMBROSE JANET ANDERSON SIG ANDERSON GREAT RIVER ENERGY 1799 SARGENT AVENUE CURE P.O. BOX 800 ST. PAUL, MN 55105-1920 PO BOX 278 ELK RIVER, MN 55330-0800 2021 HWY 61 LAKE CITY, MN 55041 PAULBAUER THERSA BENDA DOUGLAS BENSON RNE ST. FRIENDS OF THE PARKS & TRAILS DEPT. OF HEALTH 405 L BAU ST. PAUL, MN 55102 1621 BEACHWOOD AVE 121 E. 7TH PL. #230 ST. PAUL, MN 55116 BOX 64975 ST. PAUL, MN 55155 9 JOHN BERRIGAN ? MICHELLE BISSONNETTE BRITTA BLOOMBERG , EARTH TECH, INC. HDR MINNESOTA HJSTORICAL SOCIETY 3033 CAMPUS DR N STE 290 6190 GOLDEN HILLS DR 345 KELLOGG BOULEVARD WEST PLYMOUTH, MN 55441 MINNEAPOLIS, MN 55416 ST. PAUL, MN 55102 DEREK BRANDT ANDREW BROWN MICHAEL BULL HARTFORD GROUP, INC. DORSEY & WHITNEY COMMERCE 12100 SINGLETREE LANE #104 50 S 6' ST, SUITE 1500 85 7TH PL E STE 500 EDEN PRAIRIE, MN 55344 MINNEAPOLIS, MN 55402 ST. PAUL, MN 55101 JACQUICAVANAGH LOREN CANEDAY LINDA CEYLOR 890 FURUBY RD SENATE COUNSEL RESEARCH N 3689 RILEY RD TAYLORS FALLS, MN 55084 S75 TC PAUL, MN 55155 CATAWBA, WI 54515 ALAN CHAMPAGNE KURT CHATFIELD BILL COOK LOCKWOOD GREENE E&C DAKOTA COUNTY ROCHESTER PUBLIC UTILITIES 303 PERIMETER CTR.N., 800, 14955 GALAXIE AVE 4000 EAST RIVER ROAD NE ATLANTA, GA 30346 APPLE VALLEY, MN 55124 ROCHESTER, MI 55906-2813 JEFF COOK-COYLE GEORGE CROCKER WINERGIE WIND ENERGY NORTH AMERICAN WATER DAVID CULVER DEVELOPMENT CORPORATION 3940 MINNEHAHA AVE 220 11TH AVE SE PO BOX 174 MINNEAPOLIS, MN 55406-3232 ROCHESTER, MN 55904 LAKE ELMO, MN 55042 BOB CUPIT TIM DEVINE ROB DEVOLVE DEPT. OF COMMERCE 4PWR INC. LEONARD, STREET & DEINARD 85 7TH PL. E., SUITE 500 BOX 760 150 SOUTH 5TH ST ST. PAUL, MN 55155 LONG LAKE, MN 55356 MINNEAPOLIS, MN 55402 MICHAEL DONNELLY JOHN DRAWZ MICHAEL DUFOUR STANLEY FREDRIKSON & BYRON, P.A. IBEW #110 8501 WEST HIGGINS ROAD 200 S 6TH ST STE 4000 1330 CONWAY ST STE 110 CHICAGO, IL 60631 MINNEAPOLIS, MN 55402-1425 ST. PAUL, MN 55106 _ to ~ RANDALL DUNCAN LEDY DUNKLE MICK DURHAM NATURAL RESOURCE GROUP ALDRIDGE ELECTRIC, INC. STANLEY CONSULITNG GROUP 1000 IDS CENTER 28572 NORTH BRADLEY ROAD 2658 CROSSPARK RD 80 SOUTH EIGHTH ST LIBERTYVILLE, IL 60048 SUITE 100 MINNEAPOLIS, MN 55402 CORALVILLE, IA 52241 JUSTIN EIBENHOLZL JEREMY EIDEN SOUTHEAST COMO IMP. ASSOC. 14761 COBALT ST NW KRISTEN EIDE-TOLLEFSON 837 15TH AVE SE #15 PO BOX 130 MINNEAPOLIS, MN 55414-1521 RAMSEY, MN 55303 FRONTENAC, MN 55026 JEFFERY EVANS TERRY & MARGARET FLOWER TERRY FOBER EVANS AND ASSOCIATES 13586 FISCHER AVENUE 18119 STATE HIGHWAY 371 1899 MARTEN AVE SW HASTINGS, MN 55033 BRAINERD, MN 56468 ALBANY, OR 97321-4863 CHERYL FOGARTY DALE FREDRICKSON RICHARD FREE 4701 ARROW HWY #B 12406 347TH ST. PROSYN VENTURES, INC. MONCLAIR, CA 91763 LINDSTROM, MN 55045 PO 2232 BURNSVILLE, MN 55337 JEFF FREEMAN STACEY FUJII DEPT OF TRADE & ECONOMIC DEV AQUILA, INC JEFFERY GALE 121 E. 7TH PL. 161 ST. ANTHONY AVE FRAUENSHUH POWER DEV 500 METRO SQUARE SUITE 815 2850 ANTHONY. LANE ST. PAUL, MN 55101 ST. PAUL, MN 55103 MINNEAPOLIS, MN 55418 BOB AND THERESE GODDARD JANET GONZALEZ ELIZABETH GOODPASTER 443 ARBOR ST. PUC 26 E. EXCHANGE STREET ST. PAUL, MN 55102 121 7TH PL. E STE 30 #206 ST. PAUL, MN 55155 ST. PAUL, MN 55101 MATTHEW GROSSER BURL HAAR OFFICE OF SENATE COUNSEL AND TODD GUERRERO PUC RESEARCH 4200 IDS CENTER 350 METRO SQUARE G17 STATE CAPITOL MINNEAPOLIS, MN 55402 121 SEVENTH PL E ST. PAUL, MN 55155 ST. PAUL; MN 55101 JIM HAERTEL HWIKWON HAM CHRISTINE HANNAN BWSR 520 LAFAYETTE ROAD 484 TEMPERANCE ST #108 745 MORRO DR. ST. PAUL, , MN MN 55155 ST. PAUL, MN 55101 BULLHEAD CITY, AZ 86442 LINDA HANSON ROSS HARGROVE MICHELE HARRIS W 1806 WILSON RD 898 22ND AVE SE 399 COLBORNE ST. HAWKINS, WI 54530 MINNEAPOLIS, MN 55414 ST. PAUL, MN 55102 SUSAN HEFFRON KEN HILGERT ETHAN HOWLAND PCA D.H. BLATTNER & SONS, INC. 28 MAYLAND ST. 520 LAFAYETTE RD 400 COUNTY ROAD 50 PORTLAND, ME 04103 ST. PAUL, MN 55155 AVON, MN 56310 BILL NEUMAN MATT NORTON STEVEN NYHUS 18837 OSCEOLA RD MN CENTER FOR ENV ADVOCACY FLAHERTY & HOOD, P.A. SHAFER, MN 55401 26 E EXCHANGE ST 525 PARK ST STE 470 ST. PAUL, MN 55101 ST. PAUL, MN 55103 MARK OBERG LAURA O'HARA MICHEAL AND LYNN OLSON 29505 NEAL AVE 496 LAUREL AVENUE 7204 HIDDEN VALLEY LN. S. LINDSTROM, MN 55045 ST. PAUL, MN 55102 COTTAGE GROVE, MN 55016 KAREN ONKEN ROBERT OVERBY MURRAY COUNTY ENV SERVICES DAKOTA COUNTY PO BOX 57 14955 GALAXIE AVENUE 2500 28TH STREET APPLE VALLEY, MN 55124 SLAYTON, MN 56172-0057 CAROL OVERLAND RUSSELL PANGERL SANDRA PAPPAS OVERLAND LAW OFFICE 13880 MISSISSIPPI TRAIL 120 STATE CAPITOL 402 WASHINGTON STREET NORTHFIELD, MN 55057-2467 HASTINGS, MN 55033 ST. PAUL, MN 55155 JIM PARSONS BONNIE PATRICK BOB PATTON CITY OF ROSEMOUNT 30875 MN AVE DEPT. OF AGRICULTURE 2875 WEST, 145TH STREET. 90 WEST PLATO BLVD: ROSEMOUNT, MN 55068-4997 LINDSTROM, MN 55065 ST. PAUL, MN 55155 DIANE PETERSON TIMOTHY PORTER WILLIAM PRITCHARD 4051 GISELLA BLVD REYNOLDS, INC. HOMES BY CHASE NHITE BEAR LAKE, MN 55110 6063 FRANTZ ROAD, STE. 206 2100 WEST CTY RD 42 DUBLIN, OH 43017 BURNSVILLE, MN 55337 STEVE RAAKOW PAM RASMUSSEN DEPT. OF COMMERCE XCEL ENERGY - PO BOX 8 JOHN & LAURA REINHARDT 26TH AVE S 35 7TH PL. E., SUITE 500 1414 WEST HAMILTON AVENUE M3552 INNEAPOLIS, MN 55406-2542 ST. PAUL, MN 55155 EAU CLAIRE, WI 54702-0008 J NIKE ROBERTSON JERRY ROTHER ELEONORE SALEH 330 MICHIGAN STREET ROTHER FARM PLATTS ST. PAUL, MN 55102 3518 WEST 100TH STREET 3333 WALNUT ST BLOOMINGTON, MN 55431 BOULDER, CO` 80301 FONY SCHERTLER CAROLE SCHMIDT DAN SCHMIDT PLANNING & ECONOMIC DEV GREAT RIVER ENERGY 726 WOODLAND HILLS BLVD ?5 WEST FOURTH ST. 17845 EAST HIGHWAY 10 VICTORIA, MN 55386 ST. PAUL, MN 55102 ELK RIVER, MN 55330-0800 -OLA SCHOENRICH JAMIE SCHULZ PATRICK SEEB FHE MINNESOTA PROJECT ST. PAUL. RIVERFRONT CORP 2300 RD 1885 UNIVERSITY AVE. S STE 315 ROCSILVER HESTERCREEK NE 25 WEST 6TH ST. ST. PAUL, MN 55407 ROC, MN 55990 06 ST. PAUL, MN 55102 TIM HUNSTAD JOHN HYNES JOHN JAFFRAY DAHLEN, BERG & CO. PRAIRIE GEN TH 96 N. ST. ALBANS 200 S 6 ST STE 300 ST. PAUL, MN 55104 19040 AZURE RD. MINNEAPOLIS, MN 55402 DEEPHAVEN, MN 55391 LAURA JANKE KEVIN JOHNSON ERIN JORDAHL REDLIN DAHLEN, BERG & CO. 80 SOUTH 8TH STREET #4200 CWAA 200 S. 6TH ST. STE 300 MINNEAPOLIS, MN 55402 326 HENNEPIN AVENUE E MINNEAPOLIS, MN 55402 MINNEAPOLIS, MN 55414 TINBERG JULIE GREG KAFKA JASON KAUFMAN 6801 W. 83RD ST. TERRACE PLATTS WANZEK CONSTRUCTION, INC. BLOOMINGTON, MN 55438 3333 WALNUT AVENUE PO BOX 2019 BOULDER, CO 80301 FARGO, ND 58107 RICK KIMBALL GEORGE KINNEY TERESA KISSNER FAGEN, INC. ' DAKOTA COUNTY 3155 450TH ST N 501 WEST HWY 212 PO BOX 159 14955 GALAXIE KENYON, MN 55946 GRANITE FALLS, MN 56241 APPLE VALLEY, MN 55124 JO ANN KYRAL BRIAN LAMMERS 1 NATIONAL PARK SERVICE NAVITAS ENERGY NANCY LANGE 111 E. KELLOGG BLVD. 3001 BROADWAY ST. NE STE 695 1704 BRIDGEWATER CIRCLE ST. PAUL, MN 55101 MINNEAPOLIS, MN 55413 MINNETONKA, MN 55345 GERALD. LARSON JOHN LEE LLOYD LORENZI DEPT. OF TRANSPORTATION BARR ENGINEERING CO. U.S. DEPARTMENT OF ENERGY 395 JOHN IRELAND BLVD. 4700 W. 77TH STREET P.O. BOX 10940 MAIL STOP 620 MINNEAPOLIS, MN 55435 PITTSBURGH, PA 15236 ST. PAUL, MN 55155 PAULA MACABEE ANNA MACHOLL JOAN MARSHMAN 1961 SELBY N 3881 CTY RD O PO BOX 62 ST. PAUL, MN 55104 CATAWBA, WI 54515 FRONTENAC, MN 55026 MOLLY MCCARTNEY CATHY MARTIN 1000 FRIENDS OF MINNESOTA STEVE MCNAUGHTON 34338 MALMBERG AVE 422 CHALET DRIVE NW LINDSTROM, MN 55045 370 SELBY AVENUE, SUITE 300 ROCHESTER, MN 55901 ST. PAUL, MN 55102 SUSAN MEDHAUG ALAN MEYER TAMMI MILBERG DEPT. OF COMMERCE 417 DUKE ST INTER-COUNTY LEADER 85 7TH PL. E., SUITE 500 ST. PAUL, MN 55102 P.O. BOX 338 ST. PAUL, MN 55155 ST. CROIX FALLS, WI 54024 RYAN MINER CHRISTOPHER MOORE API CONSTRUCTION COMPANY NAVITAS ENERGY MARY NELSON 2366 ROSE PLACE 3001 BROADWAY STREET NE 7032 HARRIET ST. PAUL, MN 55113 SUITE 695 RICHFIELD, MN 55419 MINNEAPOLIS; MN 55413 n TOD SHERMAN LINDSEY SKOVIERA TOM SLUKICH DEPT. OF TRANSPORTATION 2811 CUTTERS GROVE DR NATIONAL CONDUCTOR WATERS EDGE 109 CONSTRUCTORS 1500 W. CO. RD. 62 ANOKA, MN 55303 18119 HWY 371 NORTH ROSEVILLE, MN 55113 BRAINERD, MN 56401 LUCILLE SMITH BETH SOHOLT ADAM SOKOLSKI DATA SERV OF CHARLOTTE INC. IZAAK WALTON LEAGUE WIND ON WIRES 1217 FONTANA AVE 1619 DAYTON AVE STE 202 1619 DAYTON AVE STE 203 CHARLOTTE, NC 28206-1428 ST. PAUL, MN 55104 ST. PAUL, MN 55104 LON STANTON MICHAEL STECKELBERG SUZANNE STEINHAUER NORTHERN NATURAL GAS GREAT RIVER ENERGY HDR ENGINEERING, INC. 1650 W. 82ND ST. #1250 17845 EAST HIGHWAY 10 6190 GOLDEN HILLS DRIVE MINNEAPOLIS, MN 55431 ELK RIVER, MN 55330 MINNEAPOLIS, MN 55416 y MARK STROHFUS . CLAIRE STOKES GREAT RIVER ENERGY TAMMY SWIONTEK 4412-44TH AVE. S. PO BOX 800 POST OFFICE BOX 338 MINNEAPOLIS, MN 55406 ELK RIVER, MN 55330-0800 ST. CROIX FALLS, WI 54024 ELLEN TSCHIDA THOMAS VAN SICKLE JOCELYN VAN TOOR 3513 DUPONT AVENUE 13101 DANUBE COURT 123 W. ISABEL ST. #205 ROSEMOUNT, MN 55068 ST. PAUL, MN 55102 MINNEAPOLIS, MN 55108 PLACIDA VENEGAS JAMES VERBRUGGE MICHAEL VEZINA MN POLLUTION CONTROL AGENCY CITY OF ROSEMOUNT MUELLER SALES CORP. 520 LAFAYETTE RD. N 2875 145TH STREET W 5104 HILLSBORO AVENUE NORTH ST. PAUL, MN 55155 ROSEMOUNT, MN 55068 NEW HOPE, MN 55426 DWIGHT WAGENIUS RUSSELL WAGNER WAGNER ATTORNEY GENERAL'S OFFICE CENTERPOINT ENERGY MINNEGAS CENTER POINTE ENERGY 900 NCL TOWER 800 LASALLE AVENUE, FLOOR 11 800 LASALLE AVE. 445 MINNESOTA ST. PO BOX 59038 MINNEAPOLIS, MN 55402 ST. PAUL, MN 55155 MINNEAPOLIS, MN 55459-0038 SARAH WELCH HEATHER WESTRA MARYA WHITE IWA PRAIRIE ISLAND INDIAN COMM DEPT. OF COMMERCE 1619 DAYTON AVE STE 202 5636 STURGEON LAKE RD 85 7TH PL. E., SUITE 500 ST. PAUL, MN 55104 WELCH, MN 55089 ST. PAUL, MN 55155 JAMES WICKER MICHELLE WINER BISSERA YANEVA 13580 FISCHERAVE. HONEYWELL MAXI INTERNATIONAL HASTINGS, MN 55033 7171 OHMS LANE 2509 CANADA BLVD EDINA, MN 55391 GLENDALE, CA 91208 O ~ t~pEso z i ~TdL . UA 4 JUN 13 2005 June 7, 2005 Craig Knudsen Dale Aukee Dakota Electric Association Great River Energy 4300 220 Street West 17845 East Hwy 10, Box 800 Farmington, MN 55024 Elk River, MN 55330-0800 Sheila Carney City of Eagan ` 3830 Pilot Knob Road Eagan, MN 55122 Subject: DEA and GRE 115 kV electric substation upgrade and transmission energizing referenced as the Yankee Doodle Substation and .Transmission Project Dear Sirs'an'd Madam: - This letter confirms that the Minnesota Environmental Quali tyBoaTd has received' notification that Great River Energy and Dakota Electric Association propose to seek local review to energize an existing Xcel Energy 115 kV transmission line and rebuild a substation to 115 kV. This project falls under the Power Plant Siting Act, Minnesota Statutes § r 1.6C.51-.69, and Minnesota Rules. chapter 4400, which, for most transmissid'n line projects over 100 kV, requires a permit from the EQB. Minn. Stat. § 116C.61 subd.l provides that the EQB permit supersedes and preempts all zoning, building, or land use rules, regulations, or ordinances promulgated by regional, county, local, and special purpose government. However, for eligible projects, a utility may apply to those local units of government that have jurisdiction over the route for approval to build the project instead of applying to the EQB. The proposed 115 kV transmission line and substation project is eligible for local review. [Minn. Stat. § 116C.576 and Minn. R. part 4400.5000 subp. 2 C] GRE/DEA have indicated that the City of Eagan is the only local unit of government with jurisdiction in permitting the project and that a Conditional Use Permit application was sutted to the City;on May 26, 2005. A local unit of government may relinquish its jurisdiction by requesting the EQB to assume jurisdiction within 60 days of the filing of an j application with the-local unit of government. [Minn. R.- 4400.5000 subp. 4] k ;esota STATE AND COMMUNITY SERVICES w___~_w---J .e.r . . r_.-.n ~rni. er•,~ cn-s_~e w\nn.nn/C/.O CTATC •IAI 1IC lam/ An environmental assessment must be prepared by the local unit of government with jurisdiction over the project. I acknowledge that City of Eagan is the RGU for the Yankee Doodle Substation and Transmission Project. Specific requirements with regard to the environmental review process include an opportunity for the public to participate in the development of the scope of the environmental assessment before it is prepared; notice published in the EQB Monitor of when the assessment is available for review and of the procedure for commenting on the assessment; and that the final decision on the project will not be made until at least ten days after the notice appears in the EQB Monitor. The City of Eagan must provide a copy of the environmental assessment to the EQB when it is completed. [Minn. R. 4400.5000 subp. 5] GRE/DEA have sent the required notice to those persons on the EQB power plant siting general notification list that a permit has been applied for from the local unit of government. [Minn. R. 4400.5000 subp. 3] The EQB supplied that list. If there are any other questions, please feel free to contact me by phone or email. Sincerely, David Birkholz MN Environmental Quality Board 300 Centennial Office Building 658 Cedar Street St. Paul, MN 55155 (P) 651-296-2878 (F) 651-296-3698 david.birkholz(a,state.mn.us r i 41i~ City of EPublic Comment Notice Subject: Public input for Required Environmental Assessment To meet the areas increasing electrical demand and insure reliable electrical service, Dakota Electric Association proposes to rebuild its existing Yankee Doodle 69 kV electrical substation to 115 kV and energize an existing Xcel Energy 115 kV transmission line in Eagan. A fact sheet detailing the project is enclosed. As required under the Power Plant Siting Act, the Minnesota Environmental Quality Board has designated the City of Eagan as the permitting authority and the responsible party for preparing an Environmental Assessment. The City of Eagan invites the public to participate in the environmental process. The purpose of this notice is to solicit public comment and input on environmental issues to be addressed in the Environmental Assessment. An outline of topics to be covered is available for review in the City's Community Development Office. If you would like to comment or suggest additional topics to be addressed in the final Environmental Assessment report, please submit them in writing to the Community Development Office by June 24, 2005 at 3830 Pilot Knob Road, Eagan, MN 55122-1897 or by calling Sheila Cartney, Planner at 651-675-5696. l1 r Message Page i of i HsOthow La.agaii Re: Yahkee Doodle From; fdattht%v Langan To: Cuole Schcbidt D-A te: 7f1212405 1.54 I'M Subject: Re: Y91koo Doodle Carolt- 4Ve have reviewod the proposed project and have no natutai resource-MAW colt "s_ Slid you roooiya Sarah's email yesterday? Thanks, Matt "Sohmid% Carole GREtER" <csrbmi a GREnergyy.cvm> 07108105 9:42 AM»> Hi Matt- dun't mean to bug you on title but 1 need to let Dale know pretty soon if we are going to be able to finafte the EA this rooming or if we wi(l have to send it to the City of I*agan as is. I know you have a rrtillion things to do - s6rryl Carole l/~ r Page 1 of 1 Matthew Langan - Re; Fwd; Yankee Doodle From.- Matfsw Lang4n Tug; Ltroie Schmidt Dnie; 71IM005 I'M PM Subject: Re: Fwd: Yankee Doodle Sarah Hof farm 07/07105 3:00 PM >X> Hi Carol. f hone reviewod the Yankee Doodle project and the DNR does not have any Concerns. Sarah P. Hofmann Rndangercd Spi cies Environrarntal Review Coordinator 'NUS Data Distribution Ctiondingtor Min=ota Dopedment of Natural Resources Nwal Hwitoge & Nonp me Research Progrun 500 LA6yeda Rid., Box 25 St. 1'W, MN SS155 Phona, 6511296-A63 Fax: 611296-1811 Ernai2: s~ah~hgftman~l~~ state,~u~ "Schmidt, Carole GRMW <c L X~Es~~ n_> 071Q71U51117 Am>?> -dC iLnkDwdDN"R.doc>> <.-:tYankeeDoodieF'sctShect.pdf>> 113 x 3 ;x i f - z t r' A L, t i.• pi 4 Y } ~ I ~ L I nAll F i i LT7 f I i € ! t 3~s 4i~a 3 ~ t l 3 Pal nil i t~4e C c '~k r i t i g ! "i till i • r l -sv/ 1 5 X ~ja ~ ail ~ .I 7 9~ yE a E J,673 d_ ~ ° * ~ eggg 3 "a gg e I ~ E Y ~ n ~ c.t LLJ 3 w Cr O I ~ bJ~ I I `j - F- :`1 =C C] C] O sa Hiy^0.~ i ' k vi <S g I ci<~ I I v I LdLdC] 61 iL « ~rLC;I<c Ly c:~ e _ ~ 11 J3 f0 r/1l1 >Ml b 1]11 «iK 3111 lU ].115M3-., q C o 7i 3-69,8400S COZ*Z VJ C) - W I ' :c --r-- i - J W L, 8 Q I C) C i i CQ$m <C F Z I I 1i So I 1 O I c) rt 00 I iL I C) C) W Z 0 3 I ( I ; 4 e~ < ~ ~ ! tJ I n W I Fi 4a 3$ ~ 0 O Y cc 'i Y ~V s J Q ~ I ~ =W< I i m j a,7~ C] 41 ~jC] 4 I I i c I - b.Yn 0 a 9, I Y SS lA "4 ~ volt R i SaN 1CK M U00S3M R R ~ r, ~s n r/la, vu ao s,n aar• R R r.CNVIvvviaiiv c~ 3 I <i c; I ~ ,y~ € w asp i^ I <i C) I~ a g g swriaca+°r~ v`I E c] <C I I~ --r--- `gam LJ LJ L,- U- b = s~ ' F ~g L---- -1-------1 e~ s it 'ox 'au w (3nranr wLOmcm) Agenda Information Memo August 1, 2005, Eagan City Council Meeting C. CONDITIONAL USE PERMIT - OAK TRUST CREDIT UNION (L7, B1, DIFFLEY PLAZA) ACTION TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Conditional Use Permit to allow a) a bank drive through facility and b) a pylon sign, located at 1642 Diffley Road, legally described as Lot 7, Block 1, Diffley Plaza, located in the NW 1/4 of Section 28, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present. FACTS: ➢ The property was platted in 2003 and is zoned NB, Neighborhood Business. There are seven lots in the Diffley Plaza subdivision. The lots on either side of the subject site are developed (Metro Shell gas station and CVS Pharmacy). ➢ The applicant is proposing a 3,131 sq. ft. bank building with two drive through service lanes and one ATM lane. A pylon sign is proposed on the northwest corner of the lot. ➢ The main access to the site is via Diffley Road into the internal private access; there are three internal access points to this site. ➢ The proposed site plan satisfies the minimum stacking requirement, setbacks and other site design standards. ➢ The proposed pylon sign is 36 sq. ft. in area and 24 feet in height, which is within the size and design standards of the Sign Ordinance. A portion of the sign contains a digital display which will have only an "open" or "closed" message displayed. ➢ While it appears that the 300-foot spacing requirement from other pylon signs is met, the applicant must submit evidence of the spacing prior to obtaining a sign permit. ➢ The APC held a public hearing on July 26, 2005 and recommended approval. 60 DAY AGENCY ACTION DEADLINE: Deadline expires August 14, 2005. ISSUES: ➢ The Council may wish to include a condition in the pylon sign CUP that requires the applicant to provide evidence that the spacing between the proposed pylon sign and other existing pylon signs meets the 300-foot minimum prior to obtaining a sign permit. ATTACHMENTS (2): APC Minutes dated July 26, 2005, pages IZ70ffvu ,k. Planning report, pages through I 3j City of Eagan Advisory Planning Commission Meeting Minutes July 26, 2005 Page 2 A. Oak Trust Credit Union Applicant Name: Oak Trust Credit Union Location: 1642 Diffley Road; Lot 7, Block 1, Diffley Plaza Application: Conditional Use Permit A Conditional Use Permit allow a pylon sign File Number: 28-CU-11-06-05 Application: Conditional Use Permit A Conditional Use Permit to allow a drive thru with the bank File Number: 28-CU-10-06-05 Planner Dudziak introduced this item and highlighted the information -presented in the City Staff report dated July 14, 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. Member Chavez moved, Member Dugan seconded a motion to recommend approval of a Conditional Use Permit to allow a drive-thru with the proposed bank located at 1642 Diffley Road, in the NW '/4 of Section 28 subject to the following conditions as amended: 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. A revised Landscape Plan, shall be submitted as discussed in the report. 3. Brick shall be added to the building to break up the EIFS and be consistent with the adjacent properties. 4. All mechanical equipment shall be screened from site. 5. The applicant shall provide evidence of the three internal access easements that benefit theproperty, in a form acceptable to the city attorney. All voted in favor. Motion carried 7-0. Member Chavez moved, Member Bendt seconded a motion to recommend approval of a Conditional Use Permit to allow a pylon sign for Oak Trust Bank located at 1642 Diffley Road in the NW of Section 28 subject to the following conditions as amended: 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. All signage shall comply with the City Sign Ordinance. 3. The pylon sign design shall be modified to incorporate a 4 foot base made of the same materials used for the principal building. benefit the pmpertyi in a form aGGentable to the pity attorney All voted in favor. Motion carried 7-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: July 14, 2005 CASE: 28-CU-10-06-05,28-CU-11-06-05 APPLICANT: Oak Trust Bank HEARING DATE: July26, 2005 PROPERTY OWNER: CVS Pharmacy APPLICATION DATE: June 15, 2005 REQUEST: Conditional Use Permits PREPARED BY: Sheila Cartney LOCATION: 1642 Diffley Road COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: NB, Neighborhood Business SUMMARY OF REQUEST The applicant is requesting approval of two Conditional Use Permits (CUP) to allow a bank drive thru and a pylon sign for a new bank on Lot 7, Block 1, Diffley Plaza, located at 1642 Diffley Road in the NW 1/4 of Section 28. 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: 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, 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. 117 Planning Report - Oak Trust Bank July 26, 2005 Page 2 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. BACKGROUND/HISTORY In October 2002, an application for Preliminary Subdivision was submitted. This proposal was to subdivide the subject property into seven lots, development was not proposed at that time. The Final Subdivision was approved in June 2003. EXISTING CONDITIONS The proposed development is for Lot 7, Block 1, Diffley Plaza. There are seven lots within this subdivision; the lots on either side of the subject site are developed (Metro shell gas station and CVS Pharmacy). The subject site is accessed from the north via Diffley Road and to the east and south via the private service road, provided by easement. The site is currently vacant and overgrown with weeds and grasses. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Single-family PD, Planned LD, Low Density residential Development district (0-4 units/acre) 9' Planning Report - Oak Trust Bank July 26, 2005 Page 3 South Vacant - Lot 4 Diffley NB, Neighborhood RC, Retail Plaza Business Commercial East CVS Pharmacy NB, Neighborhood RC, Retail Business Commercial West Metro Station NB, Neighborhood NB, Neighborhood Business Business EVALUATION OF REQUEST Compatibility with Surrounding Area - Neighborhood Business districts are defined as small business areas generally located adjacent to or in close proximity to residential neighborhoods that are intended to provide retail goods and services to the immediate area. The subject site is bounded on the north by County Road 30 (Diffley Road) and single family residential uses, on the east by CVS Pharmacy and on the west by Metro Service Station all zoned Neighborhood Business. Banks are a permitted use within the NB zone. Drive-through facilities and Pylon signs are conditional uses within the NB zone. These uses appear to be compatible with the surrounding areas based on the Zoning and Comprehensive Land Use Plan Designations. Proposal - The applicant is proposing to construct a 3,131 square foot bank with two drive-thru lanes and one ATM lane. The parking ordinance requires at least five stacking spaces for each drive-thru lane; the Site Plan indicates this requirement is met. The main access is via Diffley Road onto the internal private access, there are three internal access points to this site. The trash enclosure is proposed to be attached on the south side of the building and have the same finish as the principal building, consistent with City Code requirements. Building Coverage - The Zoning Ordinance permits a maximum of 20 percent of the lot to be covered with buildings. The Site Plan indicates that the building coverage is proposed to be 6.7 percent. Green Space - The Zoning Ordinance requires a minimum of 30 percent of a lot to be green space in the Neighborhood Business district. The Site Plan indicates the site green space coverage is 35 percent. Setbacks -All required minimum building and parking setbacks are met. Buildin,Height - Within the NB Zoning District, building height is limited to 30 feet. The proposed height is 21 feet. Building Materials - The building is proposed to be finished with EIFS (synthetic stucco) with a color scheme including Colonial tan and Eggshell cream with a Zinc Grey fascia and shingles. The applicant's narrative described this pallet as matching the Metro Station and CVS Pharmacy located adjacent to the subject site. The narrative also indicated that adding some face brick or cultured stone may be an option. The Metro station is mostly EIFS with rock face concrete block around the base and the CVS is brick and EIFS. Staff suggests adding brick to the building. V Planning Report - Oak Trust Bank July 26, 2005 Page 4 Parkin - The parking Ordinance requires one parking stall for every 250 square feet of gross floor area for banks, therefore this site requires 13 parking stalls. The Site Plan indicates there are 22 parking stalls onsite. Landscaping - The submitted Landscape Plan is acceptable with some modifications. There are no plantings along Diffley Road and the internal drive. The applicant should submit a revised Landscape Plan that has some ornamental plantings in that area. Plantings are not in front of the ATM area as advised by Eagan Police, but some plantings west of that along the internal drive are necessary. Li htin - The submitted Lighting Plan appears adequate. Signage - A pylon sign requires a Conditional Use Permit; the applicant is proposing a pylon sign on the northwest corner of the lot. According to the Sign Ordinance, the pylon sign shall not be more than 27 feet above lot level and shall not exceed 125 square feet in area per side. The proposed sign is 36 square feet and 24 feet in height. The sign will have only open or closed digitally displayed. The pylon sign is located 10+ feet from the property line meeting standard Sign Code requirements. Pylon signs are not to be located within 300 feet of each other on the same side of the street. It appears the proposed sign meets this requirement, but the applicant should provide evidence of this. The applicant shall apply for applicable Sign Permits when necessary. All signs are subject to the City's Sign Ordinance. To be consistent with the pylon sign approved for the Metro convenience gas operation to the west, and the CVS Pharmacy to the east, staff suggests the applicant provide a sign base utilizing complimentary building materials. Two direction sings are proposed both about 2.5 square feet each, which is consistent with City Code requirements. Mechanical Equipment - All mechanical equipment should be screened from view of Right-of- way and any property line. Engineering - Any Engineering issues will be addressed at the time of building permit. Tree Preservation - There site was previously graded and there are no significant trees on site. SUMMARY/CONCLUSION The applicant is requesting two Conditional Use permits to allow a drive-thru with the proposed bank and for a pylon sign. The proposed bank meets Neighborhood Business zoning standards. The Landscape Plan should be modified by adding some ornamental plantings on the north side of the private drive abutting Diffley Road. The pylon sign should be modified to have a sign base of similar material as the building to be more consistent with adjacent signs at the CVS Pharmacy and the Metro Station. The proposed building materials are EIFS in two different colors. Staff suggests adding brick to break up the EIFS and be more consistent with the adjacent properties which are mostly EIFS and brick or rock face block. /ai Planning Report - Oak Trust Bank July 26, 2005 Page 5 ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to allow a drive-thru with the proposed bank located at 1642 Diffley Road, in the NW '/4 of Section 28. If approved the following conditions shall apply: 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. A revised Landscape Plan shall be submitted as discussed in the report. 3. Brick shall be added to the building to break up the EIFS and be consistent with the adjacent properties. 4. All mechanical equipment shall be screened from site. To recommend approval of a Conditional Use Permit to allow a pylon sign for Oak Trust Bank located at 1642 Diffley Road in the NW '/4 of Section 28. If approved the following conditions shall apply: 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. All signage shall comply with the City Sign Ordinance. 3. The pylon sign design shall be modified to incorporate a 4 foot base made of the same materials used for the principal building. 4. The applicant shall provide evidence of the three internal access easements that benefit the property, in a form acceptable to the city attorney. a~ FINANCIAL OBLIGATION-28-CU-11-06-05 -1642 Diffley Road Lot 7, Block 1, Diffley Plaza There are pay-off balances of special assessments totaling $7,085 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 USE RATE QUANTITY AMOUNT None -0- Total $-0- c)3 Eagan Boundary Location w Right-of-way Map -Park Area Area r' Building Footprint de* dl tea- r~~ W-1 9 it 4~~~1~19 01 YYt0 ®lal % i ~I ix i r: Lt+~{' b e ,r1• ~ L ' r r Ier,__;_u,~ Sus' ~1°>~!°f°`~ 3{_^~;' ~P• ~ a9 I ~ I ~ ~ i ~l in am. RK Uri t art ! 1 fj! 1 ! t ~ yy imfa ...r_' i;-~f i`,. r^ Sub-e , ct Site so / NO, I$ Win 10 X31' ` 10 t_ o• - --t f/ f ~ i _ ~-1i ~ ! i to 5. m i f f Z' a;~ r a r5., O;pr,lSft~_ is " f t$ -.BEE E. C 1 CL7TTL 4$ ref}~ ell mom am `r Val ! ! e , i? j+ ,i pi I / n if BAEY qt e; 410 -416 lip °5.o}s Fee: Development/Developer. Oak Trust Bank Application: Conditional Use Pe Case No..: 28-CU-11-86-05 la N&V Prepared. using EM ArcV+ew 11, Parcei Dace map U provided \ `i!fL~'`tt(y fkqt DY Dakota County Office of GIs and is current as of Aprii 2005. Ut1j of Ea THIS MAP is INTENDED FOR REFERENCE USE ONLY i The City of Eagan and Dakota County do not $uarantes,the accuracy of this Information and are 5 Community Dewlopmont popartmont not resPOnsiEle for errors or omissions, Oak Trust Bank Current Zoning and Comprehensive Guide Plan Conditional Use Permit Land Use Map Case No. 28-CU-11-06-05 Zoning Map P v PD ~y Location Current Zoning: (DIFLEY ROAD) ...30(DIFFLEY ROAD) NB 1 PD Neighborhood Business B i Y J; El I DDm 8 Dorm p ❑]mmD gas 608 1200 F..t PD F Comprehensive Guide Plan e LD Land Use Map LD Location (DIFLEY ROAD) C.SJLH. NO. 30 (DIFFLEY ROAD) R Current Land Use Designation: Ra RC s Retail Commercial Y k mm D DD DD 8 DEED B MD MD see s coo tx0. ...t n n Prcel b.s. .p in rm.Hon y D.kofa County Land Surwy DspartmsR June 2003. 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SCy W ~ ^U _ o o~ 03 nr Y N - O i 9 W Z •1 W n ¢ r - o O J u ! W~ a ° - '6-.[2 asa p mco-nwvs .n ;~rn:a - apt aov ae of ~Irw 50 Nf1f ll LL _~+O-i4. IY: LI y>tYa ' SOCL lSt IytLl GNGwd NW NbJ'd] QdOd ,111~~I0 Z~9I .995 31 5c)"116, N ilbY vi~5a Nlw Y12 QSe ,,,y..a,. L 130 ~ery k Q - 4 - w IT, yY A'~3 .firms yl o< ru~~ u~ 1' i l FF S ,K m} v m \ 7`f I ii ~S Hip s s u v n z a r5°c' S C IL e - {IW C .1 Or O o csl i Rio i3 53 ~ ~ily ~ `z m ui N C) Q LL C7 V~ o z W W IL 5 Mgt' Q (D C) Q ° Z O O ZW (D O Z Z Of ~D ~D NU- ..,1 O O ° N ;ins W °a CK fz o nn0) 0 Q (D O Q a? ^LU N a z Z LU Z i it ; SJ O W Q ! li' f~ ijl L 0) . a N k I II / / s -V t PI I I _3 a ~:R j ~tu V< i ~X►za J f ~F o - - - an~'z .art w~~z~ LUCACHICK ARCHITECTURE, INC, EMAIL TO: P.O. BOX 2% - BEMIDJI, MN. PHONE: (2191 MAIL ADDRESS: ukeach®PAauibunYBan.ne90407 218 MINNESOTA AVENUE - BEMIDJI, MN. 56601 Revised Narrative: 28 June 2005 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Phone: 651-675-5685 Fax: 651-675-5694 To the City of Eagan: On behalf of Oak Trust Credit Union, Lucachick Architecture, Inc. is requesting a Conditional Use Permit to build a new 3,131 square foot, 3 lane (1 ATM), approximately 22' foot tall, drive thru bank facility at 1642 Diffley Road. The site is presently vacant with no existing trees or wetlands. The site lies within Eagan Zone NB- Neighborhood Business which does not allow for drive through banks. Adjacent properties are also located within the NB zone. The proposed facility is shown as an all EIFS (stucco) finish with colors to closely match the neighboring Drug Store and Gas Station Stucco Colors. Depending upon the owners budget and where the actual bids come in, we may look at the possibility to incorporate some face brick or cultured stone on the exterior of the building. Since the initial submittal (June 15, 2005)The Landscape Plan (see enclosed)has been revised to show more plantings overall and add screening for the parking lot on the south end of the site. I have added a note to reflect the Eagan Police Department's comment on the visibility of the ATM Machine. Typical ATM's have a built in security camera at eye level, we are proposing an additional security camera either mounted on the drive thru column or the eave of the drive thru roof. The lighting plan has also been revised (see enclosed) by adding a pole (approx. 15' in height) fixture on the southwest comer of the parking lot. The site plan has also been revised (see enclosed) to reflect the moving of the trash enclosure next to the building along with making the stacking within the drive thru lanes a bit more usable. Once the conditional use permit is granted, we will begin construction documents, which will be advertised for bid to local contractors and begin construction sometime in the fall of 2005. Lucachick Architecture, Inc. will comply with all city building department & zoning requirements. If you need more information, exterior views, anything at all, please contact us and we will gladly provide it. Once the construction process begins, we estimate approximately five months to completion. If you have any questions, please contact me at 218-759-2305. cerely Irri Luca k- - ITECT - Mn. Reg. No. 18738 RECEIVED SUN 2 9 2005 L 6achick Architecture, Inc. L.jtl cc: Jim Dean - President of Oak trust Credit Union Susan Zimmer - Eagan representative of Oak Trust Credit Union Agenda Information Memo August 1, 2005, Eagan City Council D. PLANNED DEVELOPMENT AMENDMENT AND FINAL PLAT (EAGAN PLACE) - SOLOMON REAL ESTATE GROUP ACTION TO BE CONSIDERED: To approve (OR direct Findings of Fact for Denial) a Planned Development Amendment to allow a 45,000 SF retail building and two 7,000 SF retail/office buildings located at the southeast corner of Yankee Doodle Road and Yankee Place in the NE'/4 of Section 15, subject to the conditions listed in the APC minutes. To approve (OR direct Findings of Fact for Denial) a Final Plat creating a 9.73 parcel by combining Lot 1, Block 1, Town Centre 100 12th Addition and Lot 1, Block 1, Town Centre 100 15th Addition into a single parcel (Lot 1, Block 1, Eagan Place). REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present. FACTS: ➢ A 7,120 SF Red Robin restaurant and a 26,000 SF Mann Theatre exist on just less than 10 acres at the southeast intersection of Yankee Doodle Road and Yankee Place. Both uses have recently ceased operations. ➢ The proposal includes a 45,000 SF retail building (intended to be Best Buy) and two - 7,000 SF office/retail/restaurant buildings. ➢ The site is zoned Planned Development; allowing Community Shopping Center (CSC). uses. ➢ The applicant proposes two deviations from the CSC zoning standards: 9' wide parking stalls instead 10' and the northern building is proposed to be setback 31' instead of the required 50' from the existing Yankee Doodle r-o-w. ➢ While the proposal increases the building coverage on the site from 7.6% to 14%, the green space increases from 33% to 44%. ➢ As a PD with significant presence to Yankee Doodle Road, staff suggested the developer utilize the CGD standards as a guide for building materials. The proposal incorporates these higher finish standards throughout the development; additionally, the 45,000 SF retail building has added significant architectural interest to the sides and rear of the building that include varying the contrasting building materials and spandrel glass windows. ➢ The proposed site access will be at the three existing access points with modifications to width and alignment to accommodate the new use. Dakota County has indicated that the full access intersection of Yankee Doodle Road and Yankee Place may be restricted at some 1,3 ~ point in the future; however, further study of access management and circulation will be conducted with any future county road improvement. ➢ The APC held a public hearing on July 26, 2005, and recommended approval of the Planned Development Amendment and Final Plat. ISSUES: ➢ The Planning Commission supported the reduced building setback from Yankee Doodle Road because the building to the west (across Yankee Place) and the existing Red Robin trash enclosure match the proposed setback and the site design with the building, instead of parking, adjacent to Yankee Doodle was seen as a positive feature. ➢ The Planning Commission also supported the proposed 9' stall widths because it would be consistent with the 9' stall widths approved at Eagan Promenade and the presence of a designated customer pick up area near the front of the store for large purchases. ➢ The Planning Commission concluded that the architectural treatment of the north, east and west sides, including the finishes, details and glass, will present an attractive and acceptable fa*e to the public streets and adjacent properties, even though they are not actual building fronts. The Council will likewise want to determine whether this treatment of these sides is sufficient to complement the fronts of the other buildings adjacent to Yankee Doodle Road. ➢ The Commission also noted that the applicant is proposing an integrated building sign on the northwest corner of the building instead of requesting other types of signage at that location. The Commission did not include this issue in its action, but suggested that the City Council should consider that detail as part of its review of the architectural design and finishes for the building. ➢ The City Attorney has noted that the subject site is guided Special Area. Office/Service. This Guide Plan designation is not consistent with the PD/CSC zoning that exists on Red Robin, Mann Theatre, Checker Auto and Valvoline Rapid Oil. It was inadvertently applied to the retail uses in the area during the most recent Comprehensive Guide Plan update. The City Attorney suggested the Council be made aware that this oversight can be addressed with the upcoming annual Land Use Map update. 60-DAY STATUS: Deadline is August 15, 2005 ATTACHMENTS: (2) July 26, 2005, Draft APC Minutes p eswthrough 1.x,5. Staff report, pages through L /23 City of Eagan Advisory Planning Commission Meeting Minutes July 26, 2005 Page 4 C. Eagan Place Applicant Name: Solomon Real Estate Group Location: 1225 Town Centre Drive; Lot 1, Block 1, Town Centre 100 fifteenth Addition, Lot 1, Block 1, Town Centre 100 twelfth Addition Application: Planned Development Amendment A Planned Development Amendment to allow a 45,000 square foot retailer and two additional buildings pads for future tenants. File Number: 15-PA-05-06-05 City Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated July 21, 2005. He noted the background and history. Member Dugan stated he will be abstaining from voting on this item.. 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 stated this area can handle the additional traffic created by Best Buy; however, she stated it is necessary to maintain the access to Yankee Doodle Road from Yankee Place. She explained that the setback deviation is similar to the existing situation east and west of the proposed retail building. She stated agreement with the nine foot wide parking stalls; keeping consistency with the Eagan Promenade Development. Member Gladhill asked if the widening of Yankee Doodle Road is a future possibility and stated his preference for 10'. Assistant City Engineer John Gorder stated Dakota County is considering widening Yankee Doodle Road; however, the proposed plat dedicates the required r-o-w, per the county. He stated agreement with the nine foot wide parking stalls. Member Matthees questioned the size of the Best Buy sign wall sign proposed on the corner of the building. Chair Heyl suggested that the City Council look at the sign and how it fits into the development. Member Bendt moved, Member Chavez seconded a motion to recommend approval of a Planned Development Amendment to allow three freestanding retail sites with setback deviations; for properties located at 1230 and 1225 Town Centre Drive in the NE '/4 of Section 15 subject to the following conditions: 1. The Planned Development Amendment Agreement shall be recorded with Dakota County. 13~ City of Eagan Advisory Planning Commission Meeting Minutes July 26, 2005 Page 5 2. All mechanical equipment shall be screened from the ground level view of adjacent properties and public streets. 3. All exterior trash enclosures shall be attached to the building and constructed with the same materials and colors as the principal building. 4. All signage is subject to the City Sign Ordinance. 5. Building materials shall be consistent with Cedar Grove standards as outlined in the report. 6. The developer shall ensure that minimum sight distances, in accordance with the MNDOT Road Design Manual, are provided without obstruction for all proposed accesses. 7. The property shall be subdivided into two additional lots prior to the construction of the separate 7,000 square foot buildings. 8. The two 7,000 square foot developments are subject to Final Planned Development approval. 9. Uses are limited to retail, restaurant and office. 10. The site shall be developed as indicated on the Site Plan. A vote was taken. Aye: Chair Heyl, Members Bendt, Chavez, Hansen, and Matthees. Nay: Member Gladhill. Motion carried 5-1. - Member Dugan abstained from voting on this item. Member Gladhill voted against the item due to the proposed size of the parking stalls. Member Bendt moved, Member Chavez seconded a motion to recommend approval of a Final Plat to combine Lot 1, Block 1, Town Centre 100 12th Addition and Lot 1, Block 1, Town Centre 100 15th Addition to create Lot 1, Block 1, Eagan Place. All voted in favor. Motion carried 6-0. Member Dugan abstained from voting on this item. PLANNING REPORT CITY OF EAGAN REPORT DATE: July 21, 2005 CASE: 15-PA-05-06-05 APPLICANT: Solomon Real Estate Group HEARING DATE: July 26, 2005 PROPERTY OWNER: Same APPLICATION DATE: June 15, 2005 REQUEST: Planned Development Amendment PREPARED BY: Sheila Cartney LOCATION: 1230 and 1225 Town Centre Dr COMPREHENSIVE PLAN: Special Area 4 ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment to allow three freestanding retail sites; for properties located at 1230 and 1225 Town Centre Drive in the NE %4 of Section 15. The applicant is also requesting Final Plat approval to combine the subject site into one lot with the intention of subdividing the site with a future phase of development. AUTHORITY FOR REVIEW Chapter 11, Section 11.50, Subdivision 5 states, in part, 1. The provisions of this chapter maybe amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY The subject site was originally part of Outlot G, Town Centre 100 ls` Addition which was platted in 1985. The subject site is part of the Eagan Heights Commercial Park Planned Development which designated this area with CSC, Community Shopping Center uses. Planning Report - Eagan Place July 26, 2005 Page 2 Town Centre 100 12th Addition was platted in 1993, and developed with the existing Mann Theater leaving 2.33 acres to the north left as Outlot G. In 1994 the remainder of Outlot G was Platted as Lot 1, Block 1, Town Centre 100 15th Addition and developed with the existing Red Robin restaurant. EXISTING CONDITIONS The site is developed with a Red Robin restaurant and the Eagan 9, Mann Theater both of which have recently ceased operations. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Eagan Promenade Planned Development Special Area East Office Planned Development Special Area South Dakota Count CDA Planned Development Special Area West Retail Center Planned Development Special Area EVALUATION OF REQUEST Proposal - The applicant is proposing a Planned Development Amendment to allow for one large retail building (45,000 square feet) which is intended for Best Buy and two additional retail buildings (7,000 square feet each) for a future phase. The proposed uses for the small retailers include: retail, restaurant, office and/or Senior Housing. The housing component is not consistent with the Comprehensive Land Use Plan, therefore should not be listed as a permitted use. The second phase will include subdividing the property. The applicant is also requesting approval of a Final Plat that combines the two existing lots into one in preparation for development of Best Buy in Spring 2006. Site Plan - As a Planned Development deviation from typical zoning bulk standards may be allowed. Because the original Planned Development allowed CSC uses, this proposal is reviewed under the CSC zoning district minimum and maximum standards. Setbacks - The CSC district requires 30 foot setback from public right-of-way, 50 foot setback from public right-of-way on a major thoroughfare, 10 foot side yard setback and 20 feet rear yard setbacks. As proposed the development meets these setbacks with the exception of the northerly retail building not meeting the 50 foot setback from Yankee Doodle Road right-of-way. The proposed setback is 16 feet from the right-of-way which represents a deviation from the CSC requirements. However, the building to the west /3 Planning Report - Eagan Place July 26, 2005 Page 3 across Yankee Place and the existing Red Robin trash enclosure maintain this similar building setback. Green Space - The CSC district requires a minimum of 30% green space. The Site Plan does not address green space coverage. The Site Plan indicates the site is covered with 56% impervious materials and 13.9% buildings which is 69% of the site covered with buildings and/or impervious materials resulting in 31% green space. Building Coverage - The maximum building coverage in the CSC district is 30%. The Site Plan indicates the overall building coverage for this development is 13.9%. Parking - The proposed Best Buy would require 187 parking stalls according to parking standards listed in the Zoning Code, the Site Plan indicates there are 261 stalls. The future retail buildings require 35 parking stalls for each building, the Site Plan indicates there are 122 shared parking stalls for the future development. The parking lot on the east side of the proposed Best Buy meets the same proposed building setback of 16 feet which is a deviation from the standard 20 foot parking setback requirement. The applicant is proposing 9'X19' stalls rather than the required 10'X19'stalls. The applicant's narrative states "The 9 foot width is the industry standard for most retail centers. In particular, Eagan Promenade, located to the north of this development is currently striped at 9'X19' and has not experienced any issues as a result of parking stall size. Additionally, Best Buy's internal standard is also 9' wide, indicating their comfort that that width to adequately serve their customers needs." Additionally the Site Plan indicates there is a dedicated customer pick-up area near the front entrance of the store, for loading larger items being purchased. Landscaping - Some of the landscaping is existing and some is added for this development; overall, the Landscape Plan is adequate. Additional trees are to be planted along Yankee Doodle to replace the trees that will be located in the public right-of-way after platting (located on the Red Robin site) additional dedicated right-of-way. Mechanical Equipment - All mechanical equipment whether roof-mounted or ground-mounted shall be completely screened from the ground-level view of adjacent properties and public streets, or designed to be compatible with the architectural treatment of the principal building. Trash Enclosure - All exterior trash enclosures shall be attached to the building and constructed with the same materials and colors as the principal building. Si a e - The existing pylon sign onsite will be removed upon development. A new pylon sign is proposed for the Northeast corner of the site. The proposed pylon sign will have Best Buy in the major tenant space and two smaller tenant panels below that. The pylon sign is consistent with Code requirements no more than 125 square feet in area and 27 feet in height. The base of the sign is brick with colored rock face CMU bands throughout. The sign materials are consistent with building materials. /3? Planning Report - Eagan Place July 26, 2005 Page 4 Building signage is proposed and is consistent with Sign Ordinance requirements, no more than 20% of the gross area of a side allowed on up to two sides of the building. All signage is subject to the Eagan Sign Ordinance. The signage for the tenants of the future retail buildings indicates each tenant will have their own sign on the front and rear elevation. This signage should be consistent and subject to the Sign Ordinance. Building Materials - The Planned Development for the subject site did not address building materials specifically. Staff concluded the proposed Best Buy will have a significant presence along Yankee Doodle Road, and therefore should be held to the City's highest standards. The Cedar Grove exterior building materials standards are used in comparison for this proposal. The applicant has worked with staff to satisfy these requirements, specifically for the Best Buy building. The applicant's narrative states the future phase buildings will also meet the CGD building material standards. The Cedar Grove building materials ordinance classifies materials as primary, secondary or accent materials. Primary materials shall cover at least 60% of the fagade of a building. Secondary materials shall cover no more than 30% of the fagade and accent materials may cover no mare than 10% of the door and window frames, lintels, cornices and other minor elements. The allowable materials are as follows: Primary exterior building materials may be brick, stone, or glass. Painted brick or bronze-tinted or mirror glass are prohibited as exterior materials. a. Secondary exterior building materials may be decorative block or integrally- colored stucco. b. Synthetic stucco may be permitted as a secondary material on upper floors only. c. Accent materials may be wood or metal if appropriately integrated into the overall building design and not situated in areas that will be subject to physical or environmental damage. d. All primary and secondary materials shall be integrally colored. e. Decorative block shall be colored only by means of a pigment integral to the block material, not applied to the surface. f. Sheet metal, corrugated metal, asbestos, iron, shakes, and plain flat concrete block (whether painted or integrally colored or not) are not acceptable as exterior wall materials on buildings within the Cedar Grove District. The Best Buy elevations indicate each fagade has met the 60% brick and/or brick and glass requirement. The secondary material is colored stucco. The stucco and brick are brown tones. Windows have been carried throughout the building so that each side of the building contains architectural interest; the windows on the north, east and west are spandrel glass, for decorative purposes only. 13q Planning Report - Eagan Place July 26, 2005 Page 5 Grading/ Topography - The site was graded with previous development. Grades and slopes on the site will remain generally the same, with the site sloping toward the existing Pond DP-20 (as designated in the City Storm Water Management Plan). Storm Drainage - The proposed land use change will utilize the existing storm drainage system on the site, with slight modifications. Storm water runoff will drain the Pond DP-20 along the east side of the site. Utilities - Existing sanitary sewer and water main of sufficient size, depth, and capacity are available from Town Centre Drive for connection by this development. Streets/ Access/ Circulation - Access to Town Centre Drive is proposed at the same three locations as the existing accesses for the current land uses, with modifications to width and alignment to accommodate the new use. The northerly access to the site directly aligns with Town Centre Drive and is one leg of the four- legged intersection with Town Centre Drive (south and west legs) and Yankee Place (north leg). The current vehicle traffic from Town Centre Drive and Yankee Place warrants placement of a 4- way stop sign control at this intersection. Based on these warrants, City staff will install 4-way stop sign control in the near future. The middle access to the site is located near the inside of the curvature of Town Centre Drive, and currently has limited sight visibility for vehicles exiting the site, due to existing mature landscaping and berming adjacent to Town Centre Drive. The developer should ensure that minimum sight distances, in accordance with the MNDOT Road Design Manual, are provided without obstruction for all proposed accesses. The nearby signalized intersection of Town Centre Drive and Denmark Avenue functions at an acceptable level of service (B/C on an A to F scale). The proposed land use change and estimated accompanying traffic is not anticipated to adversely impact current or future levels of service of this intersection. Dakota County has reviewed this development proposal and plat and has indicated that the County's access spacing guidelines should be followed, and that the intersection of Yankee Place at Yankee Doodle Road (County Road 28) may be closed to all vehicle turning movements at some point in the future. The developer should be aware that the complete closure of Yankee Place at Yankee Doodle Road may occur in conjunction with the Yankee Doodle Road improvement project by Dakota County scheduled in 2006. Further study of access management and traffic circulation in this area of Yankee Doodle Road will be conducted under this project. Pedestrian circulation in the area is provided by sidewalks and trails on Town Centre Drive and Yankee Doodle Road connected to the City's trail system. l ~o Planning Report - Eagan Place July 26, 2005 Page 6 SUMMARY/CONCLUSION The subject properties are currently developed as the Red Robin restaurant and the Eagan 9, Mann Theater in the Town Centre area located off Yankee Doodle Road and Yankee Place. The applicant is requesting a Planned Development Amendment to redevelop this site with a 45,000 square foot Best Buy and two additional freestanding retail sites. The proposal includes re- platting the properties into one lot with the intention of a future subdivision for the future phase development of the freestanding retailers. The original PD allowed CSC uses for these properties; therefore the CSC requirements were used for this review. The CSC requirements are met except for the front building setback of Best Buy along Yankee Doodle Road, the code requires 50 feet and the building is proposed at 16 feet which is consistent with the existing building to the west and the Red Robin trash enclosures.. The applicant is requesting deviations with parking stall width requirements and the setback along Yankee Doodle Road. The Cedar Grove exterior building materials standards are used in comparison for this proposal. The applicant has worked with staff to satisfy these requirements, specifically for the Best Buy building, the future phase buildings should also meet these standards. Dakota County has reviewed this development proposal and plat and has indicated that the County's access spacing guidelines should be followed, and that the nearby intersection of Yankee Place at Yankee Doodle Road (County Road 28) may be closed to all vehicle turning movements in the future. The developer should be aware that the complete closure of Yankee Place at Yankee Doodle Road may occur in conjunction with the Yankee Doodle Road improvement project by Dakota County scheduled in 2006. Further study of access management and traffic circulation in this area of Yankee Doodle Road will be conducted under this project. A four-way stop will be installed at the northerly intersection in the near future. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow three freestanding retail sites with setback deviations; for properties located at 1230 and 1225 Town Centre Drive in the NE %4 of Section 15. If approved the following conditions shall apply: 1. The Planned Development Amendment Agreement shall be recorded with Dakota County. 2. All mechanical equipment shall be screened from the ground level view of adjacent properties and public streets. 3. All exterior trash enclosures shall be attached to the building and constructed with the same materials and colors as the principal building. 4. All signage is subject to the City Sign Ordinance. 5. Building materials shall be consistent with Cedar Grove standards as outlined in the report. Planning Report - Eagan Place July 26, 2005 Page 7 6. The developer shall ensure that minimum sight distances, in accordance with the MNDOT Road Design Manual, are provided without obstruction for all proposed accesses. 7. The property shall be subdivided into two additional lots prior to the construction of the separate 7,000 square foot buildings. 8. The two 7,000 square foot developments are subject to Final Planned Development approval. 9. Uses are limited to retail, restaurant and office. 10. The site shall be developed as indicated on the Site Plan. To recommend approval of a Final Plat to combine Town Centre 100 12th Addition and Town Centre 100 15th Addition to create one lot Eagan Place. l~~ Eagan Boundary Right-of-way Parcel Area Location Map Park Area building Footprint J ' ,f t C € f' ~ y;! iii ~E---- r e i ~ ~ , _ tom, ----fit ~ ! MOM Now, t ! e g Subject Site I f L - - Nits J re~ir~r.as~r'r®r " r { i= s~ i®s ®sa® ~'s w4 1~w if r ~ ! ~ ~ rte, r ~ t' y ! .r ay f "L! i® ~ ! ~ 'fib; ~ Ewl'r\ ~ ~ s~ ss~ '•s f it ! I- i I anal ~ 1 ~ ~ I M • s~ l t t rmi m. s ~ r !sue I~~~ i ~ -i% r `V7f eJ~ r i s y :7* t'~Cr~' s i yet a 1 ` I 4..5'-` '7, .3. r x~- E ■°,.~3~ t Jt i 1(~ r.ad at all 0 ~ ~ , ~ r= ~ ' ~ . ~ ; ; ~ ~.--tom' :v 1 Imo; to .i . Development/Developer.. Solomon Real Estate Application: PD Amendment Case No.: 15-PA-05-06-05 /Y3 Map prepared using ERSi AreVierx 11. Parcel base map data provided qryf~ by Dakota County 0"Ice of GLS and is parent as of April 2005. y411011, M of EQ THIS MAP IS INTENDED FOR REFERENCE USE ONLY x r The City of Eagan and DakotCounty do not guarantee the accuracy of this information and are C.-ottity Dev.l."ont Department :at responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Eagan Place PD Amendment Land Use Map Case No. 15-PA-05-06-05 PD LB Zoning Map OD LD N0.26 (YANKEE DOODLE Current Zoning: PD D ~ LB y~ PD Planned Development PD w Location PD PD ° PD o z W 0 P d 2 D O C PD z R o iD0 0 f00 1200 F..t R Comprehensive Guide Plan 0 Land Use Map V Location 'AD NO.28 (YANKEE DOODLE S SAS SA SA Current Land Use Designation: SA M ClMTR! calve W < SA A Special Area 4 SA P ° d z 0 0 s s L r H HD 'o u 600 0 600 1200 FOOt L Yr\ Pareal bafa in *o on pro Odb ■ County land Sway Depart-j Jute 2002. N Z-ring h en mointalned byCity StaK 401-city of Eagan W E THIS 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 7~ AMENDED NARRATIVE RECEIVED JUN 3 0 2005 Planned Development Amendment for Eagan Place June 29, 2005 Introduction Solomon Real Estate Group ("Solomon") is submitting the attached application form and required documents for a Planned Development Amendment in Eagan, Minnesota. This narrative describes the proposed changes to the planned development, also referred to as Eagan Place, and other various aspects of the application request. Planned Development Description Existing The 9.73 acre site is located south of Yankee Doodle Road and east of Yankee Place and Town Centre Drive. Currently on site, there exists a 7,120 square foot Red Robin restaurant (1230 Town Centre Drive) and a 26,060 square foot Mann Theatre (1225 Town Centre Drive). A pylon sign for Red Robin sits at the northwest corner of the site. The Red Robin restaurant is currently closed and the Mann Theater plans to close within the next two months. Proposed The proposed changes to the development include demolition of both the Red Robin and Mann buildings and construction of up to three (3) new buildings on the properties over the course of two to three phases. Phase I would be the construction of a one-story, 45,000 square foot building, intended for retail use and operation as a Best Buy store. The Best Buy building will be positioned in the northwest corner of the property. Pending receipt of all requisite approvals, demolition and construction will begin immediately with the intention to deliver Best Buy a pad ready site on or before October 1, 2005. A tentative opening date for Best Buy would be April 20062 Future phases of Eagan Place are to include the development of the two (2) additional lots to the south of the proposed Best Buy lot for a total of three (3) lots. While a Final Plat Application and Petition to Vacate certain easements accompany this Planned Development Amendment application, Solomon intends to make a formal application for subdivision into the three (3) lots at a later date. The proposed site plan reflects the dedicated Right of Way requirements, south of Yankee Doodle Road, required by Dakota County. All lots of the development will be subject to an Operational Easement Agreement ("OEX) which will govern and provide for legal cross easements for parking and access between all lots within the project. The existing curb cuts for the development will remain the same. While specific users have not been identified for the future phases, /z S7 anticipated uses include: retail, restaurant, office and/or senior housing. The timing of future phases is dependent on securing quality users and is anticipated to occur after the commencement of Phase I. Each Phase of the project will be parked adequately per the applicable code requirements. For Phase I, Best Buy's 45,000 building requires 180 parking spaces per code. The proposed site plan for Lot 1 provides for 261. With respect to signage, the proposed Best Buy elevations indicate the location and size of allowable square feet of building wall signs. The elevations for the future phase buildings also indicate Tenant signage. All tenant building signage will meet applicable code requirements. The pylon sign will be removed from its existing location and moved to the northeast corner of the site, south of Yankee Doodle, and setback the requisite 10 feet off the property line. It will be a multi- tenant pylon sign incorporating three (3) illuminated tenant panels. The pylon sign will be no more than 27 feet in height and having 125 square feet of signage area per side, in compliance with all applicable code requirements. A brick base and decorative metal will anchor the sign area. The exterior building materials for all Phases of the project will comply with the Commercial Retail Design Standards that were providing by the City of Eagan to Solomon. It is our understanding that these standards are similar to those used for the Cedar Grove development and thought desirable by the City. Surrounding Uses and Zoning Within 660 feet of the site, the current zoning is for Planned Development. The following uses exist around the property: To the east, Blue Cross Blue Shield offices; to the west, Edina Realty and Community Bank, Town Centre Shoppes (various retailers), and Dakota County offices; to the south, assisted living/senior housing complexes; to the north, Eagan Promenade Shopping Center (various retailers). The proposed changes are consistent with the surrounding commercial uses along Yankee Doodle Road and Town Centre Drive. To accommodate the proposed changes to the site, no rezoning is required. The proposed changes to the planned development meet the City's zoning requirements for building and parking lot setbacks. Impact on Surrounding Property and Land Uses The land uses adjacent to the site are largely commercial; more than half is retail, along with limited multi-family residential. The continued use of the site for a commercial use, in particular, for retail uses, is consistent with the property zoning and is consistent with the commercial nature of both Yankee Doodle Road and Town Centre Drive. Given that the proposed use is retail, the same as what currently exists on site, there is no anticipated impact on the surrounding property. Impact on Subject Property /~6 The proposed retail use is no more intensive on the subject property than the retail existing use. The proposed plan shows the addition of 25,820 square feet upon completion of all phases. However, the total parking requirements for the Best Buy and anticipated future uses would be less than that currently required for the Mann Theatre and Red Robin restaurants. Therefore, the impact on the subject property will not be increased from a parking standpoint. We propose that the parking stalls dimensions should be 9' x 19' (versus 10' x 19' which City of Eagan code presently requires). In Solomon's experience, developing over ten million square feet of retail, the 9' foot width is the industry standard for most retail centers. In particular, Eagan Promenade, located to the north of this development is currently striped at 9'x19' and has not experienced any issues as a result of parking stall size. Additionally, Best Buy internal standard is also 9' wide, indicating their comfort that that width to adequately serve their customers' needs. Since Best Buy does offer large- sized items for sale, to facilitate their delivery to customers' vehicles, the proposed site plan indicates a customer pick-up area near the front entrance as a convenience. While the higher frequency of purchases is items that are easily portable, this added pick-up area will further assist those customers who, on occasion, need assistance to their vehicles. Traffic Impact as a Result of Proposed Amendment Please see attached letter from a qualified traffic engineer at Westwood Professional Services, which summarizes their findings and concludes there is no additional traffic impact from the proposed Amendment. Furthermore, to better accommodate egress from the development, the first curb cut south of Yankee Doodle will be widened to 40 feet, from its current 30 feet, re-aligned to better line-up with Town Centre Drive, and will include 2 exit lanes, one for right turn only toward Yankee Doodle and one to proceed straight across to Town Centre Drive or make a left turn south. Impact on City Services (sewer, water, storm water run-off, roads) Sanitary sewer and water main are presently available to service the site. The water demand and sanitary sewer flows are not expected to increase beyond their existing levels. The percent of impervious surfaces will also remain essentially the same, so the proposed changes would not significantly impact storm water runoff rates or volumes. Public utilities for sanitary sewer and water main are presently available to serve the site within the adjacent roadway right-of ways. Natural gas, electricity, and telephone are also available to serve the site. The existing storm sewer presently receives storm water runoff from the site before discharging into the pond/wetland area on the east side of the site. The wetland area will not be changed and will remain the same. Requested Land Use Results in a Better Use of the Land The proposed change to the planned development is a better use of the land. Both the existing use and proposed use is largely retail. However, the current retail uses on the site are not successful in their categories and are experiencing a decline in sales performance and profitability. The proposed change will facilitate the entry of a highly successful, national retailer into the City of Eagan. Public Benefit of Proposed Amendment The proposed Amendment will permit the entry of Best Buy in the Eagan market. The City of Eagan is not presently served by a Best Buy or any other comparable electronic retailer. The benefit of vibrant, successful retail destinations over those that are relatively unsuccessful is to provide a convenience for the local residents, encouraging them to stay and shop in their own city, rather than having to travel outside the City to meet their retail needs. ~A Westwood Professional Services, Inc. W PLANNING . ENGINEERING • SURVEYING 7599 Anagram Drive Eden Praire, MN 553x4 Phone. 9S2-937.5158 Fax: 952-937-5822 Toll free: 1-888.937-5150 E-mail: wps®westwoodps.com TWIN CITIESIMETRID ST. CLOUD BRAINERD Traffic Comparison Summary Best Buy and Existing Land Uses Eagan Place, Eagan, Minnesota June 29, 2005 Westwood conducted a brief study to determine the estimated traffic volumes generated by the proposed Best Buy compared to the existing land uses which it will replace in the Eagan Place development at the intersection of County Road 28 (Yankee Doodle Road) and Yankee Place in Eagan, Minnesota. The Best Buy store will be 45,000 square feet, and will replace an existing 9-screen movie theater and a restaurant of 6,200 square feet. Trip generation was computed using the standard rates from the ITE reference Trip Generation, 7'h Edition, 2003. The trip generation rates shown in Table 1 below are for the P.M. peak hour only, as movie theaters do not generate A.M. peak hour trips and A.M. trips for electronics superstores are negligible. Table 1 - Trip Generation Rates Land Use Per P.M. Peak Hour Rates Percent in Percent Out Movie Theater 0) Screen 16.93 42 58 High-Turnover (Sit- 1000 10.92 61 39 Down Restaurant S q. Ft. Electronics Superstore 1000 4.50 49 51 S q. Ft. 11~ The rate shown for the movie theater is a composite of the ITE rates for "Movie Theater with Matinee" (Code 444) and "Multiplex Movie Theater" (Code 445). These calculations are included at the end of this report. Total P.M. peak hour trips generated by the existing land uses and by the proposed Best Buy store are shown in Table 2. Designing the Future Today...since 197, Traffic Comparison Summary, Best Buy and Existing Land Uses Eagan Place, Eagan, Minnesota June 29, 2005 Page 2 Table 2 - Gross P.M. Peak Hour Trips In Out Total Existing Movie Theater 64 88 152 High-Turnover (Sit- 41 27 68 Down Restaurant Total Existing Trips 105 115 220 Proposed Electronics Superstore 99 y 104 , ^ 203 ~ It should be noted that data presented for a similarly-sized electronics superstore in the ITE Trip Generation Handbook, March 2001, show 40% of trips to the store are pass-bys. Movie theaters generate essentially no pass-by trips, while restaurants like the existing Red Robin generate an average of.43% pass-by trips. As shown in Table 3, the reduction in trip generation due to pass-by trips is expected to be greater for the Best Buy store (-81 trips) than for the existing land uses (-29 trips). It is therefore reasonable to conclude that the proposed redevelopment of the site area involving the replacement of a typical movie theater and restaurant with a Best Buy store will result in approximately 70 fewer P.M. peak hour trips added to the external roadway. As a result of lower generated traffic volumes, it can be assumed that the proposed redevelopment will not cause significant negative traffic impacts during peak traffic volume conditions. Table 3 - Net P.M. Peak Hour Trips Total Existing Movie Theater 152 High-Turnover (Sit-Down) 68 Restaurant Total Existing Trips 220 Pass-by Trips -29 Net Existing Trips 191 Proposed Total Electronics Superstore 203 Pass-by Trips -81 Net New Trips 122 l~ f./ Traffic Comparison Summary, Best Buy and Existing Land Uses Eagan Place, Eagan, Minnesota June 29, 2005 Page 3 Movie Theater Trip Generation Composite Rate Calculation P.M. Peak Hour iTE Code Land Use Rate per Percent in Percent Screen Out 444 Movie Theater with Matinee 20.22 40 60 fewer than 10 screens 445 Multiplex Movie Theater (10 13.64 45 55 or more screens Movie Theater Composite 16.93 42 58 /J Westvvood Professional Services, Inc. W PLANNING • ENGINEERING SURVEYING 7599 Anagram Drive Eden Praire, MN 55344 Phone: 952-937-5150 Fax 952.937-5822 TDII free: 1-888-937-5150' E-mail: wpsDwestwoodps.com TWIN CITIESIMETRO ST. CLOUD 8"INERD Probable Traffic Impacts of Lots 2 and 3 Development Eagan Place, Eagan, Minnesota June 29, 2005 Future phases of construction on the Eagan Place site will include development of Lots 2 and 3, south of the proposed Best Buy store which is to replace existing land uses on Lot 1. The potential land uses for Lots 2 and 3 are currently highly speculative. For purposes of estimating the impacts of added trips, retail development of 7,000 sq. ft. is assumed for Lot 2 and a 7,000 sq. ft. high-turnover sit-down restaurant for Lot 3. Trip generation was computed using the standard rate for high-turnover restaurant from the ITE reference Trip Generation, 70 Edition, 2003. The equation for Specialty Retail Center, Code 814, was applied to the 7,000 sq, ft. of assumed retail space. The P.M. peak hour trip generation rates are shown in Table 1 below. Table 1 - Trip Generation Rates P.M. Peak Hour Rates Percent In Percent Out Specialty Retail Center 5.47 48 52 High-Turnover (Sit- 10.92 61 39 Down Restaurant Total P.M. peak hour trips generated by.these land uses are shown in Table 2. Table 2 - Gross P.M. Peak Hour Trips In Out Total Specialty Retail Center 17 21 38 High-Turnover (Sit- 46 30 76 Down Restaurant Total New Trips 63 51 114 Designing the Future Today...since 197: i~ Probable Traffic Impacts of Lots 2 and 3 Development Eagan Place, Eagan, Minnesota June 29, 2005 Page 2 Data published in the ITE Trip Generation Handbook, March 2001, show an average of 34% pass-by trips generated by shopping center land uses and 43% by high-turnover (sit-down) restaurants. As shown in Table 3, these pass-by reductions (13 fewer trips for the shopping center and 33 fewer for the restaurant) would result in a net 68 new trips added to the external roadway. Table 3 - Net P.M. Peak Hour Trips Total Specialty Retail Center 38 High-Turnover (Sit- 76 Down Restaurant Total New Trips 114 Pass-by Trips -46 Net New Trips 68 As detailed in the report "Traffic Comparison Summary, Best Buy and Existing Land Uses," existing development on this site generates 191 new trips after reductions are taken for pass-by trips. The Best Buy store which is to replace the existing uses is expected to generate a net 122 new trips. Assuming the shopping center and restaurant land uses for future development of Lots 2 and 3, addition of 68 net new trips would bring the total new trips generated by the redevelopment to 190. As shown in Table 4, the proposed redevelopment of the site area would therefore result in essentially the same number of trips as generated by the existing development. It can be assumed that construction of all phases of the proposed redevelopment on this site will not cause additional traffic impacts during peak traffic volume conditions. 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I 1 - Z W ' ~ li a ~j _ i• X61 , ss t _ , pi ~ ~~I - II III I ~ - • .,.,,}F ,s ,~1- r ~ ~ III f I { _i 'S y\ \ ~ i~l • ~'•1 it - V1, P~A PROPOSED PYLON SIGN EIFS CORNICE T.O. SIGN EL. 127-0' BACKLIT, PLEXI-GLASS SIGNAGE PANELS - J TWO-SIDED sEST r-, 93.75 SF SIGN AREA 15.63 SF TENANT SIGNAGE SIGN AREA (X2) TENANT SIGNAGE 125 SF TOTAL SIGN AREA N-, COLORED ROCK FACE CMU BANDS F.F.E. EL. 100'-0" BRICK PYLON SIGN 1A- _ 1.-0. SIGNAGE EXHIBIT @ EAGAN PLACE CCONSiOREUM L.L.C EAGAN, MINNESOTA WI NO,M Third S-K Sul. 210 61-106-0030 Minnespolu, MN ss4m 55101 :ut61.6924960 RECEIVED JUIJ ' 7 2005 -ju 1~ $ t I W $ o ~ i~# ~ 00 SSd+ (-4 #rS E Rr z< a- c-C 5 CO UZ k a f~:ci ~ c"~p .m9 E .CO # fii 111 11 0 c 0 '-J I I s c~ I _q I L ~e~r I D ss~=' I a C4 1 ~ r!t [r t l it • !r ka k g fl o° CV e r-i k ° J 1 CM U) I LJ Z ~ O ° a W k_ R k , CU Q ' ° i W W w 1 ' i , Z R II = $ a k \ ?I , A II ' t R ; 1 r 1 r 15 k 1 8 y eeG~ R g ° ~ SERE _ r 8 1 r , , yy t 1 . ' 1 aRkk 16 Bdkk 1 ~Rk. k R II~= ~ISA tilt, 1lnt1 C k N JU$j I Z gg o -j x 2 its J F R U N Z V~ 5~ i 6 m J s N y f 0 7Ej U U t U Q Z ~ Z y 0 cu z. +z. ~~vi LLJ I "LaZ O € 1 3 1 :...,.r o ~ 35 O W ° cm: F=2 RE U) z a jr- a W J W. Z p ~ ~y J Cf] t9 'Cl7. 1=: Y z- z OWN o Q 0 r dpi- €~4 Ie ~ /~D Page 1 of 1 Sheila Cartney From: Jon Hohenstein Sent: Friday, June 24, 2005 9:44 AM To: Mike Ridley; Sheila Cartney; 'stov0015@unique-software.com' Subject: FW: Development of Best Buy retail complex Dear Ms. Stovall, Thank you for sharing your comments with us. We will include it as part of the background for the Planning Commission and City Council when they consider the application in July and August. If you have other questions or comments in the meantime, please contact Sheila Cartney of our staff. Jon Jon Hohenstein Community Development Director City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 651-675-5660 Fax 651-675-5694 ihohensteinCab-cityofeagan.com From: Joanna Foote Sent: Friday, June 24, 2005 9:41 AM To: Jon Hohenstein; Mike Ridley Subject: FW: Development of Best Buy retail complex L-~ QQ4'L1l-Q. U Qti~e Communications Coordinator City of Eagan Phone 651-675-5004 Fax 651-675-5012 jfoote .cityofeagan.com From: stov0015 [mailto:stov0015@unique-software.com] Sent: Thursday, June 23, 2005 5:14 PM To: Webmaster Subject: Development of Best Buy retail complex I would like to voice to the Advisory Planning Commission my opposition to the development of a Best Buy retail complex on the current Cinema 9 and Red Robin sites. When the Eagan Promenade area was developed, Eagan citizens were lead to believe that the area would be developed as a "downtown" area, or central shopping area, promoting and strengthening community connections. I don't think that a Best Buy retail complex will meet that need (there are already two accessible in Inver Grove Heights and Burnsville). In addition, the demolition of the Mann Cinema 9 movie theater will be a real loss for the young people of northern Eagan and Mendota Heights. I can understand the company wanting to sell if they are not making a profit, but please consider other alternatives to take the place of the theater. Thank you, Joan Stovall Eagan resident A Thank you for contacting us about the Solomon Group-Best Buy proposal Page 1 of 2 Sheila Cartney From: Jon Hohenstein Sent: Friday, June 24, 2005 12:38 PM To: Mira Pepper; 'Darthsib@aol.com' Cc: Mike Ridley; Sheila Cartney Subject: RE: Mann Theater Thank you for contacting us about the Solomon Group-Best Buy proposal. The Solomon Group has purchased both the Mann Theater and Red Robin sites at this time. Red Robin has already closed and we understand that the theater plans to stay open through the summer, if staffing permits. Since the property is now owned by Solomon, you would want to contact them directly about your interest in retaining a theater use on the site and whether they could do that. The City is obligated to review development actions it receives from property owners, as it has in this case. As a part of the City's review of the development proposal, the Planning Commission and City Council will consider public input such as yours. A copy of your email will be included as part of the background for the Commission and Council discussion of this item. Even so, a City cannot require a business to remain open if it makes a decision to sell or to close. We cannot advise people as to how to advocate for or against a proposal, but the public review process is intended to provide the opportunity for interested people to express their interests and you should provide input and participate in the, Commission and Council meetings, if you wish to do so. If you have additional comments or questions about this matter, please contact Sheila Cartney of our staff at 651-675-5660. Jon Jon Hohenstein Community Development Director City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 651-675-5660 Fax 651-675-5694 iohenstein@cityofea-gan.com From: Mira Pepper Sent: Friday, June 24, 2005 9:52 AM To: Jon Hohenstein Subject: FW: Mann Theater Jon, Could you respond to this? Thanks. Mira MLra. Pepper Ad4nCn ~atwe,Secretary / (Deputy Clerk, 651-675-5013 From: Darthsib@aol.com [mailto:Darthsib@aol.com] n. Thank you for contacting us about the Solomon Group-Best Buy proposal Page 2 of 2 Sent: Thursday, June 23, 2005 5:39 PM To: City Council Subject: Mann Theater Hello, I have been Eagan resident since 1998 my favorite theater is Mann theater. I do not a Best Buy to take it's place. I want to you to help save this theater or tell me how I can help save it. E-mail me back at DarthsibCcDaol.com with your response as soon as possible. Sincerely, Eagan resident Agenda Information Memo August 1, 2005, Eagan City Council Meeting E. PLANNED DEVELOPMENT AMENDMENT - SEEBECK AUTOCARE, LLC ACTION TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Planned Development Amendment to allow a monument sign in lieu of a third building sign on property located at 1575 Cliff Road, legally described as Lot 4, Block 1, Thomas Lake Center, in the SW %4 of Section 28, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: At least three votes. FACTS: ➢ The Planned Development approval in 1996 for this building included deviations to the Sign Ordinance to allow additional building mounted signs in lieu of a monument sign. The deviations allowed building signs on the north and east elevations, neither of which faced a public street. ➢ The Sign Ordinance was later amended, eliminating the provision requiring building signs to be located on a facade with public street frontage. The amendment also specifically defined how many and in what combinations building signs are permitted. ➢ The applicant is proposing to install a monument sign on the south side of the lot, and to remove the building sign from the north elevation. ➢ The proposed monument sign (both the initial sign plan and the revised sign plan) satisfies City Sign Ordinance design standards. The remaining building signage meets current Sign Ordinance standards. ➢ The shopping center will retain the pylon sign, which is also on Cliff Road. ➢ The APC held a public hearing on July 26, 2005 and did recommend approval. ISSUES: ➢ The applicant submitted a revised site plan at the APC meeting and the approval recommended by the APC incorporated this revised sign plan. Staff has reviewed the revised plan and determined that the proposed 7' monument sign with the changeable message board complies with the Sign Ordinance standards for monument sign design. 60 DAY AGENCY ACTION DEADLINE: Deadline expires August 13, 2005. ATTACHMENTS (3): APC Minutes dated Jul 26, 2005, pages/,rte Planning report, page ioa-1 gh Revised Sign Plan, page City of Eagan Advisory Planning Commission Meeting Minutes July 26, 2005 Page 3 B. Car Care Applicant Name: JKS Properties LLC Location: 1575 Cliff Road; Lot 4, Block 1, Thomas Lake Center Application: Planned Development Amendment Planned Development Amendment to allow a monument sign in lieu of third building mounted sign File Number: 28-PA-04-06-05 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated July 20, 2005. She noted the background and-history. Jeff Seebeck submitted an amended signage plan for consideration. He asked for more specific instructions on the landscaping plan. Chair Heyl opened the public hearing. There being no public comment, Chair Hey[ closed the public hearing and turned the discussion back to the Commission. Mr. Seebeck explained the proposal for a six-inch black and white reader board for promotional purposes on the 7' tall monument sign. Member Dugan moved, Member Bendt seconded a motion to recommend approval of a Planned Development Amendment to install monument sign in lieu of a third building mounted sign on property located at 1575 Cliff Road, legally described as Lot 4, Block 1, Thomas Lake Center, in the SW '/4 of Section 28 subject to the following conditions as amended: 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at Dakota County. 2. A revised Landscape Plan shall be submitted to the City for incorporation into the PD Amendment Agreement. 3. The existing building mounted sign on the north side of the building shall be removed prior to installation of the monument sign. 4. The monument sign shall be located at least 10 feet from all property lines. The brick base of the sign shall match the building; the sign shall not exceed a total height of seven feet, and the sign message area shall not exceed four feet in height and 12 feet in width. 5. A sign permit is required before any signs may be installed. 6. The changeable message panel above the brick base is allowed provided it is changed manually, not electronically. All voted in favor. Motion carried 7-0. ~6S PLANNING REPORT CITY OF EAGAN REPORT DATE: July 20, 2005 CASE: 28-PA-04-06-05 APPLICANT: Seebeck Autocare HEARING DATE: July 26, 2005 PROPERTY OWNER: Seebeck Autocare, LLC APPLICATION DATE: June 14, 2005 REQUEST: Planned Development Amendment PREPARED BY: Pamela Dudziak LOCATION: 1575 Cliff Road COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment to install a monument sign in lieu of a third building mounted sign on property located at 1575 Cliff Road, legally described as Lot 4, Block 1, Thomas Lake Center, in the SW '/a of Section 28. AUTHORITY FOR REVIEW Chapter 11, Section 11.50, Subdivision 5 states, in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY Thomas Lake Center was the commercial portion of the Blackhawk Park PD, which was submitted to the City in 1972 as "Eagan 500." The Blackhawk Park PD Agreement encompassed 60 acres and was executed in June 1977 for a 15-year term, expiring in June 1992. Thomas Lake Center was platted in 1987 and this site was one of the last lots in Thomas Lake Center to develop. The building was constructed in 1996 as Car Care Muffler and Brake. /66 Planning Report - Car Care (Thomas Lake Center) July 26, 2005 Page 2 The City's Sign Ordinance was amended to remove the provision requiring building mounted signs to be located only on facades facing a public street after this building was constructed. The Sign Ordinance was further amended to define in what combinations and numbers business and product name signage maybe mounted on a building. EXISTING CONDITIONS The site contains an auto repair shop. The 4,320 sq. ft. building has four service bays. Access to the site is provided via a private drive through the retail development. Signage consists of three building mounted signs. The PD approval in 1996 for this building included deviations to the Sign Ordinance to allow building signs on the east fagade and the north fagade, neither of which faces a public street. These building signs were intended to be in lieu of a monument sign, which the City Code permits. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zonin Land Use Designation North Thomas Lake Shopping Center PD, Planned RC, Retail Commercial Development East Restaurant (Axel's Bonfire PD, Planned RC, Retail Commercial Grill Development West Convenience/Gas PD, Planned RC, Retail Commercial Development South Single-Family Residential R-1, Single Family LD, Low Density Residential EVALUATION OF REQUEST City Requirements - The City Code permits one ground (monument) sign per building. Monument signs are limited to seven feet total height, with a four-foot maximum height of the sign message area. In April 2002, the City amended the Sign Ordinance to provide that each building be permitted no more than three signs on up to two elevations of the building distributed as follows: a. One elevation displaying a business name sign, and one elevation displaying a business name and product name sign for a total of three signs; or b. One elevation displaying a business name sign and one elevation displaying either a business name or a product name sign for a total of two signs; or c. One elevation displaying a business name sign or a product name sign for a total of one sign. f~ Planning Report - Car Care (Thomas Lake Center) July 26, 2005 Page 3 The Sign Ordinance no longer requires that building mounted signs face a public street, however, business name signs are limited to the combinations identified above. Applicant's Proposal - The applicant is proposing to install a monument sign on the south side of the lot, adjacent to Cliff Road, and to remove the 60 sq. ft. building sign on the north elevation. The proposed monument sign is six feet tall with a two foot brick base, and a four foot by 12 foot illuminated cabinet sign face. The remaining building signage consists of one business name sign on each of the south and east facades. This is consistent with current Sign Ordinance requirements. Landscaping - Car Care is proposing to remove one existing evergreen tree to provide visibility of the monument sign. Car Care is proposing new foundation landscaping around the monument sign consisting of juniper shrubs and daylilies, and spirea along the south side of the parking lot. Additional landscaping that is more substantial should be installed, such as a couple ornamental trees or a shade tree added in the area south of the parking lot. The spirea proposed along the south side of the parking lot should be planted in a continuous landscape bed that is properly edged, irrigated and mulched. The landscape bed around the sign should also be properly edged, irrigated and mulched. A revised Landscape Plan should be submitted to the City for incorporation into the PD Amendment Agreement. Analysis - The Sign Ordinance allows one monument sign per building and the proposed monument sign is consistent with the current design standards in the City Code. Since additional building signage was initially approved in lieu of a monument sign, the applicant is proposing to remove of one building signs. The remaining building signage is consistent with the current Sign Ordinance provisions. The brick base of the sign should match the building, and some additional landscape trees should be added to the south side of the parking lot. SUMMARY/CONCLUSION In summary, the applicant is requesting approval of a Planned Development Amendment to install monument sign and remove a building mounted sign for the Car Care auto repair shop located at 1575 Cliff Road. The proposal is consistent with current Sign Ordinance standards. Removal of one existing evergreen tree and the planting of shrubs and perennials around the base of the monument sign and along the south side of the parking lot are proposed. More substantial landscaping than proposed shrubs and perennials, such as a couple ornamental trees or a shade tree, should be added to the site to compensate for the lost mature evergreen tree. Planning Report - Car Care (Thomas Lake Center) July 26, 2005 Page 4 ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to install monument sign in lieu of a third building mounted sign on property located at 1575 Cliff Road, legally described as Lot 4, Block 1, Thomas Lake Center, in the SW '/a of Section 28. If approved the following conditions shall apply: 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at Dakota County. 2. A revised Landscape Plan shall be submitted to the City for incorporation into the PD Amendment Agreement. 3. The existing building mounted sign on the north side of the building shall be removed prior to installation of the monument sign. 4. The monument sign shall be located at least 10 feet from all property lines. The brick base of the sign shall match the building and the sign area shall not exceed four feet in height and 12 feet in width. 5. A sign permit is required before any signs may be installed. q Eagan Boundary N Right-of-way Location Ma O Parcel Area p Park Area - Building Footprint 4* I#-Tf 8 Fill a + o® m ♦ a ® ®m0 ® ® +s t r e Ica sit m 1 a a as 4 Oti~W ® a ® b et ~a o ~ 1 8 4 V ~ ® r ~ all dry f• ry®m a96q - o o Sub'ect Site a . 1a 1 ~ - a+a roaso 1 - ~ ® ~ ♦ t . o ® ® 9 000 ~ d a 41 fto J11 111 move ® ~ a ~ ~ j aQ ~ p• ® q p ® r BB B 6 e, B e ~ a t3 • • • togs ® B 1 C m. ~ ~ ® 4 0 ® ~ ~ A ® 9 b ~ w ai* ® 0B ° B d e ® ® o q~ g b + - q e ®6 ® ® @ ' 0 d' 4 g A ~ ® ®4 ~ B f 0 ~ B ~ d • a m 4 4 fa 0 ~ ~ b da 48 b B 4WD ® a 4 4t rt 9 fi! 1000 0 1000 2000 Feet Development/Developer. Seebeck Autocare, LLC (Car Care) Application: Planned Developm mendment Case No.: 28-PA-04-06-0 76 Map Prepared using . arcel base map data provided N q l] by Dakota County Office of GIS and is current as of April 2005. THIS MAP IS INTENDED FOR REFERENCE USE ONLY City of Eaj~ W E The City of Eagan and Dakota County de not guarantee the accuracy of this information and are S Community Dewlopment Department not responsible for errors or omissions. 0 Current Zoning and Comprehensive Guide Plan Land Use Map Care Care/Seebeck Autocare, LLC Planned Development Amendment 28-PA-04-06-05 Zoning Map r PD PD Location IF Current Zoning: ❑ P R-i I PD PD PF Planned Development d.w NO.= gu"ROAD) ® ® 1 t ® EB g R-3 BE3 EE3 P goo 6 800 trod F..t Comprehensive Guide Plan Land Use Map MD t MD MD LID RC Location LD LD Current Land Use Designation: QP CS.~.N. NO. R (CL- 80110) RC Mid 1B 1B Ea P a Retail Commercial i ® ® % M®® L E3 P 600 0 41,00 1200 F..t ® L P---I bn.. map Info on pro Nd akota County and Surv y Department June 2007. N Lo onmatlon mafntain.d by city SLR. 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J LQLJ w Q V v rj =c U~ O z ~ = p J Z W ~ ~ L ~ ~ W Q O z~= J O ~ ~ ypz~~y > N_ C Q z 21 ~ a X °a a c Q C 0%O.y..wp_ w Z p az o O ~Wav~ cn CD vi 0 X co p m ( C V X^ m0 w o Z a _ _ V G_. a n = w 11 W J7~- aN a Oa C 20 S 7 6EtL X04 u7 3 1 ~a vQiQ cniM C y ~0d t14 C N O X o rw ~ ~ in k) p UO c v o U O t c v M in o U co a t= E > L O 0_0 0 ~ ~ 00 r .4.1 cx Zp a> ,4 a> - l p r3 L 04 c ~r 6 m co U) U IOU c)- W U- 4 o s h ~ fi a _siqns The Sign of Quality ~Fe~.f ❑ P.O. BOX 357 ❑ 1610 E. CLIFF ROAD, BLDG. #5 ORONOCO, MN 55960 BURNSVILLE, MN 55337 PHONE: (507) 367-2631 PHONE: (952) 894-2421 FAX: (507) 367-2633 www.schadtracy.com FAX: (952) 894-2748 6/14/05 Proposal for Planned Development Amendment Property address: 1575 Cliff Rd., Eagan, MN 55123 Name: Car Care Advanced Auto Existing land use: Auto Repair Surrounding property: Retail Center Zone 4/1 Thomas Lake Center Amendment proposal: Remove existing signage on North side of building. Individual letters read: Car Care Muffler & Brake. 24" high x 30 ft. long. 60 sq. ft. Add new double sided monument sign. 4' high x 12' wide (48 sq. ft.) on 2'high x 12' wide base. Overall height 6'. Reason for request: Name change. Lack of visibility on Cliff Rd. from east and west directions. Impact on subject property: Increase in business due to better visibility on Cliff Rd. from east and west directions. Present signage on building is hidden by trees. Making public aware of name change. Impact on city services: None. Submitted by: RECEIVED JUN 142005 Andrew E Hanson Schad Tracy Signs ~7s THE COLORS SHOWN IN THIS DRAWING ARE FOR ILLUSTRATION PURPOSES ONLY AND MAY NOT BE A TRUE REPRESENTATION OF ACTUAL COLORS Remove Car Care Muffler & Brake trim cap letters. 24" x 30' total of 60 sq. ft. Replace with monument sign as shown. X x 12' illuminated DF cabinet with two lexan pan formed faces.2@3' x 6'. 1 Flat changeable sign face 12" x 12'. Shrouded base 36" tall x 12' long x 8" wide. T oulmommoc- o f Tire one T 4dvmced copy to be u p detemllned 0 6" CKAWQEABLETETRI~- 0 o M CUSTOMER DRAWN BY WIIHAPPRWALOFIHS DRAW10 EREBY GMSCHADMACYSIGt45 PERMISSION THIS DRAWING 6 THE PROPERTY OF Car Care Advanced Auto A E FiANSON 10 BEGIN PRODUCTION OF THE SQ4AGE ILLISFRAIED N THIS DOCUMENT. I AGREE 325 MNNUOIA AVE. N 1610 E. CLEF RD. TIN ALL THE SPECK7AM SKUW. C(XOR5 AND ELEV9M LM IN IRS DRAWNG P.O. BOX 35 CITY BURN-LE. MN 55337 STATE SALES REP. ARE CORRECT AND APPROVED ANY CHANGES i0IF6DRAWING AFTER PAOOUC ORON0007MN 55960 schad:tracy Eagan MN Andy H. FuS SIARTED DULL RESULT IN ADDmoNAL CHARGE& PHONE / 507.367 -2631 signs P~ / j 952-894-2421 952-B94-274a rk sp"o, FILENAME f~LE CUSTOMER APPROVAL DATE FAX/ 507-367-2633 AHI007-06-03-05 pg 1 T/q•-1~ ORIG. DATE 05119/05 REV. DATE DD/00/OD REVLSION 0 FONTS USED: IMPORTED IMAGE _j I THE COLORS SHOWN IN THIS DRAWING ARE FOR ILLUSTRATION PURPOSES ONLY AND MAY NOT BE A TRUE REPRESENTATION OF ACTUAL COLORS Remove Car Care Muffler & Broke trim cap letters. 24" x 30' total of 60 sq. ff. Replace with monument sign as shown. 4' x 12' illuminated DF cabinet with two lexan pan formed faces.2@3' x 6'. 1 Flat changeable _ sign face 12" x 12' Shrouded base 36" tallx 112' long x 8" wide. sRw~ - Ire ore Scale: copy to be deiermr,ea - - Standing man is 6' in height Copy to be determined upon approval by city CUSTOMER DRAWN BY WRHAPPROVALOFIM DRAWING HEREBY GNESCHADIRACY SIGNS PFRA/MM THIS DRAWING IS THE PROPERTY OF Car Care Advanced Auto A E RAINBOW 10 BFGIN PROg1C" OF THE SIGNAGE BLUIRATED IN THIS DDCUWkNL I AGREE 325 MWJNESOTA AVE. N. 161 D E. CLIFF RD. CITY STATE RW ALL 1FE SPECNCAToa SPELuNG, COLORS AND nEvAIIOHS I= N THIS DRAWING P.O. BOX 357 Eagan MN ~HEP ARE CORRECT ANDAPPROVED. ANYCWNNCESIDTHSDRAWINGAFIERPRODIIC ORONOCO. MN 55960 schad:tr~~~raccy PB... 55W HONE EI9L52-094-2421 HAS STNiR:D WILL RESULT IN ADDMONAL CHARGES PHONE / 507367 2631 sin, FAX/ 952-894.2746 FILE NOME SCALE FAX 1507367.2633 ..cs~,np~.Y AH7007-06-03-05p9 332'=1' CUSTOMER APPROVAL DATE ORIG. DATE 05/19/05 REV, DATE 00100/DD REVISION 0 FONTS USED: IMPORTED IMAGE 1?6 RCvtSED MONWM07 s 16N 7 Agenda Information Memo August 1, 2005, Eagan City Council Meeting F. PLANNED DEVELOPMENT AMENDMENT - HOLIDAY STATIONSTORES (STORE #247 - PILOT KNOB RD. AND DUCKWOOD DR.) ACTION TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Planned Development Amendment Amendment to allow outdoor display of products at the Holiday store located at 3615 Pilot Knob Road, legally described as Lot 1, Block 1, Duckwood Crossings, located in the NW 1/4 of Section 16, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: At least three votes. FACTS: ➢ The Duckwood Crossings Planned Development was approved in 1989 and prohibits outside display. ➢ In 1997, the City Code was amended to allow for a limited amount of outdoor display for commercial properties ➢ Holiday is proposing to amend the conditions of their Planned Development to permit outside display consistent with the ordinance provisions for other commercial properties. ➢ Outside display items consist of propane, firewood and salt. ➢ The display areas are located at each end of the front of the building. The size and dimensions of the proposed display is within the parameters specified in the ordinance. ➢ The APC held a public hearing on July 26, 2005 and did recommend approval. ISSUES: None 60 DAY AGENCY ACTION DEADLINE: Deadline expires August 14, 2005. ATTACHMENTS (2): ry APC Minutes dated July 26, 2005, pa es 2aglY- Planning report, pagesl11 through 177 City of Eagan Advisory Planning Commission Meeting Minutes July 26, 2005 Page 6 E. Holiday Stationstore #247 Pilot Knob Applicant Name: Holiday Stationstores Location: 3615 Pilot Knob Road; Lot 1, Block 1, Duckwood Crossing, Dakota County, Minnesota Application: Planned Development Amendment A Planned Development Amendment to allow outdoor storage display of water softener salt, ice chest, propane tanks and firewood. File Number: 16-PA-07-06-05 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated July 20, 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. Member Hansen reminded the applicant of the four foot height restriction of outside storage. John Baregi stated there is currently firewood and propane for sale. Member Hansen moved, Member Bendt seconded a motion to recommend approval of a Planned Development Amendment to allow outdoor display of products at the Holiday store located at 3615 Pilot Knob Road, legally described as Lot 1, Block 1, Duckwood Crossings, located in the NW •1/4 of Section-16 subject to the following conditions: 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office. 2. The location, items and amount of outside display shall comply with the approved Site Plan dated June 29, 2005. All voted in favor. Motion carried 7-0. 17f PLANNING REPORT CITY OF EAGAN REPORT DATE: July 20, 2005 CASE: 16-PA-07-06-05 APPLICANT: Holiday Stationstores HEARING DATE: July 26, 2005 PROPERTY OWNER: Holiday Stationstores, Inc. APPLICATION DATE: June 15, 2005 REQUEST: Planned Development Amendment PREPARED BY: Pamela Dudziak LOCATION: 3615 Pilot Knob Road COMPREHENSIVE PLAN: SA, Special Area ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment to allow outdoor display of products at the Holiday store located at 3615 Pilot Knob Road, legally described as Lot 1, Block 1, Duckwood Crossings, located in the NW 1/4 of Section 16. AUTHORITY FOR REVIEW Chapter 11, Section 11.50, Subdivision 5 states, in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY Duckwood Crossings was platted in 1989 and the Holiday fuel station and convenience store was constructed the same year. /~9 Planning Report - Holiday Store #247 (Pilot Knob) July 26, 2005 Page 2 EXISTING CONDITIONS The site contains an existing Holiday fuel station and convenience store. There are 27 parking stalls in addition to the 12 stalls at the fuel pumps. The building is on the western part of the site, with the fuel pumps to the east. Existing signage consists of a pylon sign and building signs. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Phillips 66 fuel station PD, Planned Development SA, Special Area East Tires Plus PD, Planned Development SA, Special Area South Chili's Restaurant PD, Planned Development SA, Special Area West Medical Clinic PD, Planned Development SA, Special Area EVALUATION OF REQUEST Proposal - Holiday is proposing to amend the conditions of the Planned Development Agreement to allow for outside display of products. The Duckwood Crossings Planned Development was approved in 1989 and prohibits outside display. In 1997, the City Code was amended to allow for a limited amount of outdoor display for commercial properties. Code Requirements - The City Code allows outdoor display of merchandise or goods subject to the following standards: a. The display area shall not exceed 60 square feet. b. The display area shall be located immediately adjacent to the principal structure and only on the side of the building which contains a main entrance. c. The display area shall not extend more than five feet out from the building and shall not exceed four feet in height. d. The display area shall not take up required parking spaces or landscaping areas of the principal use. e. The display items shall consists solely of products sold or distributed within the principal structure by the occupant thereof. Site Plan/Evaluation of Request - Holiday is proposing outside display of propane, firewood and salt (rock salt and water softener salt). The display will be in two locations, at each end of the front of the building. The total area proposed is 56.9 sq. ft. The proposed location of the items is immediately adjacent to the front of the building and do not conflict with pedestrian movement. The items do not extend more than four feet out from the building and do not take up required parking spaces or landscaping areas. The height of all items is 48" or less. Fire codes require that propane tanks be kept outside the principal building. Planning Report - Holiday Store #247 (Pilot Knob) July 26, 2005 Page 3 SUMMARY/CONCLUSION In summary, the applicant is requesting approval of a Planned Development Amendment to allow outdoor display of products at the Holiday store located at 3615 Pilot Knob Road. The items proposed for display are propane tanks, firewood and salt. The proposed outside display complies with the performance standards of the City Code. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow outdoor display of products at the Holiday store located at 3615 Pilot Knob Road, legally described as Lot 1, Block 1, Duck-wood Crossings, located in the NW 1/4 of Section 16. If approved the following conditions shall apply: 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office. 2. The location, items and amount of outside display shall comply with the approved Site Plan dated June 29, 2005. Eagan Boundary N Right-of-way Location Map Parcel Area Park Area - Building Footprint UU ~ F f III f ; o ~ ~ a ® d7 L I. IL wa ~A Sam WOO, Subject Site X s a a min a o. e ® ~ ~`"O ® a ~ 4 fs m p `Oa® .`6 ' ® ~ R 6 4 O 6 a t I' ®o t I air s IP m s a ~®jai a -w +s a l ®Qi ~ t, ~ it ' ~ ♦ s. ~ ~ a a o ~ Aft ova a a~0 ,be W, t r~ 1 ~ 1000 0 1000 2000 Feet Development/Developere Holiday Stationstore #247 Application: Planned Develop dment Case No.: 16-PA-07-06-05 S1 /r~ Map Prepared using ERS1 WeYew 3.1. Parcel base map data provided N by Dakota County Office of GIS and Is current as of April 2005. THIS MAP IS INTENDED FOR REFERENCE USE ONLY City of Dias W E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Communny Development Department not responsible for errors or omissions. I Current Zoning and Comprehensive Guide Plan Land Use Map Holiday Stationstore #247 Planned Development Amendment 16-PA-07-06-05 Zoning Map 3 ° rLV ®n ~ PD g,~~~~ AP r I-- CSC B a Location csc PD a Current Zoning: R R^d PD 1-2 csc Planned Development ° P ~ PD PD F t B R-1 1 mat.~ ®m ® R.1 g P n s Y A 3 P L {00 0 {00 1300 het Comprehensive Guide Plan rSAJSA Land Use Map SA ©D H SA Location x~ g x E SA 4 Current Land Use Designation: SA SA SA SA ° A Special Area 4 i ` qB m~ D 3E:Y- m m® i a L d Y L 000 0 000 1200 F-t r Q Parch base map In akota County Land Survey Department Jun. 2003. N Zoning Iniormation maintained by City Staff. 410~city of Eagan W E THIS 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"3 z GRESTRIDGE DR. b I ~u I , I HOLIDAY 5TATION5TORE +I 1 40,55 sc[.ft. 1 I n 13 I ° n I I a ( I ( ( a I I- I ( A i' OC; C 9 -0 omq'' I I L d. 0: ry! oo O °oi LL II II N n D ~Z PILOT KNOB ED. i ~u u O D M i r n D g mmmlm~l m r m z Z N N ~O - -~.I rv O D O O Z I to r 1 I I I p D ° Dg C ] ~,I II rrn n N O L_! 1 J I II ~a rn I I N w Lp I ~rn mum I I I O ~ -n i I N {J ~ ® I n I ❑ O Q I I I I 00 I I 71 fie fz1 r 8 ® ~ - raerAN! r+oac ~D' A P N' HIGH D' IN 1 j l FRONT ENTRANCE t I I I I I I Ip Ot9 eSudtorage ~hlTATIONSTORE #247 _o 2 ~4 EAGAN MN ~ 1 +k• I I I I I I a as Horeo i d Narrative Holiday Stationstores is seeking approval of a Planned Development Amendment to allow outdoor sales of merchandise, (see attached site plan and submittal package). Holiday proposes to sell water softener salt, "fireplace" wood and add a propane dispenser in front of the subject building located at 3615 Pilot Knob Road. We have meet with the Planning Staff and our plan is below the maximum' allowable square footage requirement of 60 square feet. We propose a total of 56.9 sq. ft. of outdoor merchandise at this location. RECEIVED JUN 15 70 Agenda Information Memo August 1, 2005, Eagan City Council Meeting G. PLANNED DEVELOPMENT AMENDMENT - HOLIDAY STATIONSTORES (STORE #68 - LEXINGTON AVE. AND DIFFLEY RD.) ACTION TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Planned Development Amendment Amendment to allow outdoor display of products at the Holiday store located at 3615 Pilot Knob Road, legally described as Lot 1, Block 1, Soderholm Addition, located in the SW 1/4 of Section 23, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: At least three votes. FACTS: ➢ The Soderholm Addition Planned Development was approved in 1995 and prohibits outside display, consistent with City Code requirements at that time. ➢ In 1997, the City Code was amended to allow for a limited amount of outdoor display for commercial properties. ➢ Holiday is proposing to amend the conditions of their Planned Development to permit outside display. ➢ Outside display items consist of propane, firewood, salt and an ice chest. ➢ The display areas are located adjacent to the front of the building. The size and dimensions of the proposed display is within the parameters specified in the ordinance, with the exception of the height of the ice chest. ➢ The ice chest is 56" tall; the maximum height of outdoor display items allowed is 48". ➢ According to the applicant, 56" is the smallest upright ice chest available. ➢ The APC held a public hearing on July 26, 2005 and recommended denial. Reasons for the recommendation of denial are listed in the APC minutes. ISSUES: ➢ The APC had concerns about the ice chest, and about the outstanding 2004 PD Amendment which allows expansion of the car wash and creation of an enclosed salt storage area which has not been constructed. ➢ Following the APC meeting and at the request of the APC, the applicant submitted a revised plan on July 27, 2005, showing the overall improvements to the site, including a modified car wash and salt storage enclosure addition, and reduced outside display. l or / ➢ The revised plans also show the ice chest relocated to the east corner of the building next to the new salt enclosure, such that the ice chest is against two brick walls and will not interfere with any store windows, as it did in its original proposed location on the west end of the building. ➢ It is a policy matter for City Officials to determine the acceptability of the additional 8" height of the ice chest. The other alternative would be for the applicant to stock and sell ice inside the store as some other retailers do. ➢ The site plan referenced in condition #2 should be the revised overall plan, dated July 27, 2005, which includes the salt enclosure and new location of the ice chest. 60 DAY AGENCY ACTION DEADLINE: Deadline expires August 14, 2005. ATTACHMENTS (3): b APC Minutes dated Jul 26, 2005, pages f g0 through I 9T Planning report, pages through Revised Site Plan, page -/W City of Eagan Advisory Planning Commission Meeting Minutes July 26, 2005 Page 7 F. Holiday Stationstores #068 Diffley Road Applicant Name: Holiday Stationstore Location: 1065 Diffley Road; Lot 1, Block 1, Soderholm Addition Application: Planned Development Amendment A Planned Development Amendment to allow outdoor storage and display of water softener salt, propane tanks, firewood and an ice chest. File Number: 23-PA-08-06-05 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated July 20, 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. Mr. Baregi stated the ice chest is a vendor supplied unit and 56 inches in height is the smallest upright unit made. He stated the chest will not block the view of the parking lot from the associates inside the store. Chair Heyl stated she is not in favor of approval due to the height of the ice chest and wants to maintain consistency for all display items of 48" maximum height. Member Bendt stated there are other ice chests.of this size in Eagan; therefore he is not opposed to the additional 8 height. Member Hansen stated agreement with Chair Heyl. The applicant indicated that they ate planning to proceed with a scaled back car wash and salt enclosure addition; based on the 2004 Planned Development Amendment approval. The proposed outside display plan does not reflect the proposed addition. The Advisory Planning Commission suggested that the information for the revised plans for the car wash and salt storage enclosure and for the current proposed outside display be combined and presented to the City Council so that the Council may review the overall impacts to the site, including the additional 8" height of the ice chest. Member Dugan moved, Member Bendt seconded a motion to recommend approval of a Planned Development Amendment to allow outdoor display of products at the Holiday store located at 1065 Diffley Road, legally described as Lot 1, Block 1, Soderholm Addition, located in the SW 1/4 of Section 23 subject to the following conditions: 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office. 2. The location, items and amount of outside display area shall comply with the approved Site Plan dated June 15, 2005. /8v City of Eagan Advisory Planning Commission Meeting Minutes July 26, 2005 Page 8 Chair Heyl stated opposition because the 56 inch high ice chest is more than the City Code allows, and because the property has another related Planned Development Amendment approval from 2004 for a car wash addition and salt storage enclosure that has not been utilized, and is not incorporated into these plans. All voted against. Motion failed 7-0. Member Dugan moved, Member Hansen seconded a motion to recommend denial of a Planned Development Amendment to allow outdoor display of products at the Holiday store located at 1065 Diffley Road, legally described as Lot 1, Block 1, Soderholm Addition, located in the SW 1/4 of Section 23 for the following reasons: 1. The 56 inch high ice chest is more than the City Code allows. 2. The proposal has another related Planned Development Amendment approval that has not been utilized. 3. All factors relative to the property should be reviewed by the City Council at the same time. Reasons for recommending denial include the 48" height limitation not being met and the fact that a still valid 2004 Planned Development approval is not reflected in the plans before the APC this evening causing confusion. All voted in favor. Motion carried 7-0. 7-- V. OTHER BUSINESS A. Appoint APC representative-to the City's Technology Working Group. City Planner Ridley presented the information bs distributed in the Memorandum regarding: Appoint APC representative to the City's Technology Working Group. Member Bendt moved, Member Gladhill seconded a motion to appoint Member Chavez as the APC representative to the City's Technology Working Group. All voted in favor. Motion carried 7-0. City Planner Ridley stated there will be a workshop held on August 11, 2005 at 5:30 p.m. VI. VISITORS TO BE HEARD (FOR THOSE NOT ON AGENDA) There were no visitors to be heard for items not on the agenda. VII. ADJOURNMENT PLANNING REPORT CITY OF EAGAN REPORT DATE: July 20, 2005 CASE: 23-PA-08-06-05 APPLICANT: Holiday Stationstores HEARING DATE: July 26, 2005 PROPERTY OWNER: Holiday Stationstores , Inc. APPLICATION DATE: June 15, 2005 REQUEST: Planned Development Amendment PREPARED BY: Pamela Dudziak LOCATION: 1065 Diffley Road COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment to allow outdoor display of products at the Holiday store located at 1065 Diffley Road, legally described as Lot 1, Block 1, Soderholm Addition, located in the SW 1/4 of Section 23. AUTHORITY FOR REVIEW Chapter 11, Section 11.50, Subdivision 5 states, in part, 1. The provisions of this chapter maybe amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY Soderholm Addition was platted in 1995 and the Holiday fuel station and convenience store was constructed in 1996. The Soderholm Planned Development is within the Lexington South Planned Development, which was initially approved in the mid-1970s and encompassed over 1,000 acres of land including residential, commercial and public uses. I Planning Report - Holiday Store #68 (Lexington/Diffley) July 26, 2005 Page 2 In 2004, the City approved a Planned Development Amendment to expand the existing car wash and amend the car wash signage, and to create an enclosed storage area. For cost reasons, Holiday did not proceed with this remodeling project. EXISTING CONDITIONS The site contains an existing Holiday fuel station and convenience store, with a single drive- through car wash bay. There are 21 parking stalls in addition to the 16 stalls at the fuel pumps. The building is on the north part of the site, with the fuel pumps to the south. The car wash is attached on the east side of the main building. Existing signage consists of a pylon sign and building signs. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Daycare center/ pond/City PD, Planned RC, Retail Commercial water station/Qwest Development switching station East Sts. Mary and Martha PF, Public Facilities QP, Quasi-Public Church South Lexington-Diffley Athletic P, Park P, Park and Recreational Fields Open Space West McDonald's restaurant PD, Planned RC, Retail Commercial Development EVALUATION OF REQUEST Proposal - Holiday is proposing to amend the conditions of the Planned Development Agreement to allow for outside display of products. The Soderholm Addition Planned Development was approved in 1995 and prohibits outside storage and display. In 1997, after this store had been constructed, the City Code was amended to allow for a limited amount of outdoor display for commercial properties. Code Requirements - The City Code allows outdoor display of merchandise or goods subject to the following standards: a. The display area shall not exceed 60 square feet. b. The display area shall be located immediately adjacent to the principal structure and only on the side of the building which contains a main entrance. c. The display area shall not extend more than five feet out from the building and shall not exceed four feet in height. d. The display area shall not take up required parking spaces or landscaping areas of the principal use. 1 Ftl Planning Report - Holiday Store #68 (Lexington/Diffley) July 26, 2005 Page 3 e. The display items shall consists solely of products sold or distributed within the principal structure by the occupant thereof. Site Plan - Holiday is proposing outside display of an ice chest, propane, firewood and salt (rock salt and water softener salt). The total area proposed is 56.9 sq. ft. The proposed location of the items is immediately adjacent to the front of the building. Because the Soderholm Planned Development Agreement prohibits outdoor storage and display, in an effort to comply with the PD Agreement, in 2004 Holiday proposed to construct an addition to the building to be used for salt storage to protect the salt from the elements and enclose it. That proposal accompanied the proposed car wash expansion, and Holiday has not proceeded with the construction because of cost issues. Evaluation of Request - The display items do not extend more than four feet out from the building and do not take up required parking spaces or landscaping areas. The display area does not conflict with pedestrian movement. The ice chest is 56" high, which exceeds the four foot height limit by eight inches. The excess height of the ice chest is the only deviation from the performance standards in this proposed amendment. The height of all other items is 48" or less. Fire codes require that propane tanks be kept outside the principal building. SUMMARY/CONCLUSION In summary, the applicant is requesting approval of a Planned Development Amendment to allow outdoor display of products at the Holiday store located at 1065 Diffley Road. The items proposed for display are an ice chest, propane tanks, firewood and salt. The proposed outside display complies with the performance standards of the City Code with the exception of the height of the ice chest. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow outdoor display of products at the Holiday store located at 1065 Diffley Road, legally described as Lot 1, Block 1, Soderholm Addition, located in the SW 1/4 of Section 23. If approved the following conditions shall apply: 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office. 2. The location, items and amount of outside display area shall comply with the approved Site Plan dated June 15, 2005. Eagan Boundary /A// Right-of-way Parcel Area Location Map Park Area - Building Footprint m e a m 0 ~QR' + o ■ ° + ` t Q 4. i ! a B i ®s a i I ,,,F ° tt o ® a v a P ; ~i •i _ sda! a ao m m O i fa P - E1 L a' J c o p ~ is \ oa ti 1 Do T e~ ' s Subject Site a m . 1 ism ~ 0 o Va 4.' t t ti Jk' ® t fa m + t► • f 0 ® o ■ 4 ■ ® P Q a r rj 717 r ~ i t a e ~ ra + v a 4 w 6■ m a INN a. Ip a ` e 0 a • ,r a a e ° i a ■ IL IIIIFT -9- ria ® > S mmd ®m ® If a 13 v ° 8 e s ,t e, m to ® IT I q p+ a a m D a~ - log rY ,Y D r m 4 1000 0 1000 2000 Feet Development/Developer. Holiday Stationstore #68 Application: Planned Devel ndment Case No.: 23-PA-08-06 5 Map Prepared using ERSI ArcView 3.1. Parcel base map data provided N by Dakota County Office of GIS and is current as of April 2005. City of Eapn THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Dwolopment Dopartmont not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Land Use Map Holiday Stationstore #68 Planned Development Amendment 23-PA-08-06-05 Zoning Map s~ P P E R•t o PF z P A V~ Current Zoning: R.f Location P PF PD PF Planned Development A PF PD R•t P P P t n00 0 non 12" F." P J 1 I 1 l~ Comprehensive Guide Plan Land Use Map P e qP s 0 LD ~4^ os In 'rcJ Location OP Current Land Use Designation: QP LD RC QP RC Retail Commercial LB RC RC g P P F D t Die con - e coo 1200 F..t P Y ►arr I lra on provided by Dakota County Land Survey Department June 2001. N Zoning iMermaOOn maintained by City Stall. *City of Eagan W E THIS 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 TTTTyy~~ yy~~ OSON 8f op" °n Lr V r~zI~iI~1IT C+i. N~T T~7T3+ uVIa O 9 9~ a o iL OI I Y►L ~.7 a a9aao~s aotdo.i~ a ~ p a I I I I I I I. 41111 ►1 ►1 9in .M c c S ~ N 9 .w,,,a.. Z 3 Nv W ME, : ~ ..o,w.. x H ~ _ tL 38 r m 1 010 I mo Z w ej Cl O W dl N ill VX3 N U ~ lL W lu ? 1 = lu F ~o 8 ~ - zK gO ~ O N u~i • Q IL S. N N W NL. R ` N 3 'v h ~L i _ Q g• ~ p O I y Viar.'CP.. ac~w.6tiwtirww - IOfA roo- p .w. xawnw +Nrow+.rw. ~ I IPA(mil Y - A I u u O I r I 'I - o ®o~ L _ ® l I I I I I i 1 Na no O ® - Narrative Holiday Stationstores is seeking approval of a Planned Development Amendment to allow outdoor sales of merchandise, (see attached site plan and submittal package). Holiday proposes to sell water softener salt, "fireplace" wood and add a propane dispenser in front of the subject building located at 1065 Diffley Road. We have meet with the Planning Staff and our plan is below the maximum allowable square footage requirement of 60 square feet. We propose a total of 56.9 sq. ft. of outdoor merchandise at this location. RECEIVED JUN 15 1005 cv 7►d 51n-9~ C-SO-L-z L) mI~ 89# RHOLLSNOL "VLS r>~aOxiis ~ I I I I I I I w w w d l l l l l l l l z 5° s .a ,nn vz-\u o s d.... Z / 9 ~ L. M 0:::. _ n. • CFi CHEST _ _ 6 NIGH r IL~ m n b\ e.if ♦i}• COM xounar eno.ow . fl!- - ° - --A-A!' TIOI' a -.s -.s ~c sp N°rs- A m. ia.a H i. II. 0 i. X A. 4 W u - ' 'i•i S. ' kS axl Q ACC N r 95 Q n ri a ?m ~ ~ O • ~ e' F < N W e } = m d r-.r s 3 i a i w F / ~ , Zu o E . __-_.--____.J \ 3 08 G } ('07d A 7d s 1Cl Cf ~Sl hO Q.~ S!/13~► ~sn LZ -L NISI `u7ewpH w 0 89# a2i0,LSN0IZVZS ~ Im1 ~xn,cina w I "mow ~HLLSIX w 1d I I I I I I I I ~ ~i a3z33a3 3< I < 3s3N] O OO Or3.10 8001, / m $ ele O 3Sr] Aval O O Op HEM ICE CH EST d7 _Ad31~X . 3"3a .9-. 56" HIGH .9 ,0-.9 +13" COM . NOUlaav a3SOdoad -.ol ,o-,OL _ -'---9ruW1iT 3nb7--' ,f-,6 .0 oz c CI )01 N 164 a i. ®p n .f-.9 V v ~'Ca~ Z 5.1 S ~ Y UO N2 w O I\ z v! _ _9 O 0313dda5 ,t-,S waN3A) 35x7 Arldsla a 1tl1-o13aJ S~ 'I m N1 laoM33H7 HRN3 .1 St o ,L-,GL 9- Z ,9-.Z ,l-,9 aid Zl 53A 3HS/a30 d Zt 00 Z ]o •I Y ~ 2 LL c a ? Wz j<~ W Y m uw ZV W <F = < I g? I 1 I 's'olo 'H 0 ,f I] H , -.e ks - 11 - G I C , -~l 9; ~r-l 31X3 Ic s _3 r-~ w a J I 53NIZtlatlW 0 li ~ 3 O F 3a a 0 N W (nM~ O s ¢ ^MN M O O ,0 t N W 2 - - r "l ~W Z p = O ¢ I- iX O` I OOOw - 3~ r~OS Z Q- U J O a r ] - ~ vvv m W= O _ Z(7 lil~lf 3na5 O- tD E I Agenda Information Memo August 1, 2005 Eagan City Council Meeting VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE A. APPROVE COMMENTS REGARDING THE 2015 ENVIRONMENTAL ASSESSMENT-MSP INTERNATIONAL AIRPORT ACTIONS TO BE CONSIDERED: To approve comments regarding the draft Environmental Assessment for the 2015 Terminal Expansion Project at MSP International Airport FACTS: ➢ The MAC is currently reviewing the draft Environmental Assessment (EA) for a series of terminal expansion projects to accommodate the 2015 forecast growth in passengers and operations at MSP. ➢ The $682 million proposed project consists of phases I and II of the MSP 2020 Development Plan, which includes the demolition of Northwest Airlines maintenance hangar B, the construction of Concourse H with 18 airline gates at the Lindberg Terminal, the construction of 19 gates at the Humphrey Terminal, a construction of a parking ramp at the Humphrey Terminal, and the relocation of non-sky term airlines to the Humphrey Terminal. ➢ The Airport Relations Commission (ARC) reviewed the draft EA. Comments provided by the ARC have been incorporated into the enclosed correspondence to the MAC. Written comments on the draft EA will be accepted by the MAC until August 4, 2005. ➢ Any written comments received in response to the environmental assessment draft will be forwarded to the FAA who will determine whether an environmental impact statement (EIS) is needed for the project. ATTACHMENTS: ➢ Enclosed on pages *)WhroughQ'?W is proposed correspondence to the MAC with comments on the draft EA for the 2015 Terminal Expansion Projects at MSP. City of all August 2, 2005 Pat Geagan MAYOR Ms. Jenn Unruh Metropolitan Airports Commission Peggy Carlson 6040 28th Avenue South Cyndee Fields Minneapolis, MN 55450 Mike Maguire Meg Tilley Re: Comments on the Draft Environmental Assessment for the 2015 Terminal Expansion COUNCIL MEMBERS Project Thomas Hedges Dear Ms. Unruh: C" ADMINISTRATOR Thank you for the opportunity to comment on the draft Environmental Assessment (EA) for the 2015 Terminal Expansion Project. Before outlining the City's comments on the projects included in the EA, it should be noted that over the past year, the City has been presented with and has reviewed the entire Vision 2020 plan, which is why we now question why the EA only pertains to a handful of projects included in the overall Vision 2020. Given the magnitude and the costs associated with Vision 2020 improvements, as MUNICIPAL CENTER well as the projected growth in operations at MSP, the public would be better served if 3830 Pilot Knob Road the EA had addressed Vision 2020 in its entirety rather than focusing solely on the Eagan, MN 55122-1810 projects associated with the terminal expansion through 2015. 651.675.5000 phone 651.675.5012 fax The City of Eagan offers the following comments to the draft EA: 651.454.8535 TDD Growth Protections / 3`d Parallel Runway Using the growth projections provided by the MAC in the draft EA, MSP is expecting MAINTENANCE FACILITY operations to increase from 533,700 in 2004 to 723,578 in 2015. It is clear that even with 3501 Coachman Point the addition of Runway 17/35, a plan is going to be needed to accommodate this Eagan, MN 55122 projected growth. As a general policy question to be answered, at what point will MSP 651.675.5300 phone reach a saturation point in regard to number of operations? Secondly, based on the 651.675.5360 fax growth estimates, is the MAC anticipating the need for a third parallel runway? 651.454.8535 TDD If a third parallel runway is being considered by the MAC to accommodate growth, this further emphasizes why the draft EA should be focused on plans out to 2020 in order to www.cityofeagan.com allow for a more complete discussion of how the airport can and should accommodate growth over the next 15 years. In short, if the MAC is considering reopening discussions regarding a third parallel runway, the issue should be brought forward immediately and not be delayed until the MAC has invested another $682 million in the 2015 terminal expansion projects. THE LONE OAK TREE The symbol of strength and growth in our community. 000 City of Eagan Comments Draft EA / 2015 Terminal Expansion Project Page 2 Noise Concerns While the proposed projects being reviewed in the EA may not have a direct impact on the cumulative noise environment around MSP, the growth that will result from the improvements clearly will impact noise in the City of Eagan and surrounding communities. Based on an approximate 35% anticipated increase in operations by 2015, the City of Eagan respectfully disagrees with the assumption that the noise environment will not be significantly impacted as a result of expansion plans through 2015. According to the EA, the City of Eagan will see an increase of 33 homes in the 60-64 DNL contours, which is in addition to the thousands of homes in Eagan that will be impacted by Runway 17/35, yet will not be eligible for noise mitigation due to the fanning of the operations. It is clear that noise will be less concentrated as a result of the addition of Runway 17/35 later this year; however, the conservatively estimated increase of 189,878 operations by 2015 will result in more aircraft noise in communities surrounding MSP. As an aside, this finding should further exemplify to the FAA the importance of focusing on single events as opposed to DNL when determining noise impact. Surface Traffic As MSP continues to grow, and as plans are being considered by the MAC to promote that growth, the MAC must thoughtfully consider the impact of expansion plans on surface traffic in the region. Currently, as a result of the new runway, redevelopment is underway in east Richfield, which will result in additional traffic along Cedar Avenue. Furthermore, the Airport South District in Bloomington (Bloomington Central Station) will add significant traffic to 34th Avenue, thus competing with additional traffic that will result from the expansion at the Humphrey Terminal. Lastly, as phase II of the Mall of America is approaching, I-494 will continue to grow in congestion. These traffic concerns, and how they can be remedied, should be taken into consideration by the MAC prior to approving the 2015 terminal expansion plans. Eaaan/Mendota Heights Corridor The Metropolitan Airports Commission has defined the presence of noise compatible land use in the Eagan-Mendota Heights Corridor as one of the key aspects of its Noise Abatement Plan for the Minneapolis St. Paul International Airport. As the City of Eagan develops and redevelops in the Corridor area, the potential impact of aircraft noise remains one of the primary factors in its land use decisions. The adoption of the 2007 Noise Policy Contours has resulted in comments by property owners regarding the perceived reduced impact of the airport in that area. It is the City's perception that the current size of the Policy Contours is partially a function of quieter aircraft, but also a O~ City of Eagan Comments Draft EA / 2015 Terminal Expansion Project Page 3 function of the effect of the redistribution of traffic that will result from the opening of the North-South Runway in late 2005. Given the fact that the new runway was approved primarily to increase capacity (redistribution of noise impact being one result) and given NWA's projections of operational growth expected to take advantage of that capacity, it is reasonable to assume that traffic volumes in the Eagan-Mendota Heights Corridor area will grow over time to levels similar to those experienced prior to the new runway opening. Given the fact that NWA has made progress in converting a larger proportion of its fleet to factory Stage III aircraft, it is unclear how the incremental replacement of all retrofitted Stage III planes with factory Stage III planes will result in further reductions in overall noise impact. In addition to the MAC's periodic updates of the Part 150 program, the City believes that it is important for the MAC to address the issue of future DNL noise contours that serve as the basis of the Noise Policy Contours in order to permit cities southeast of the airport to properly assess the consequences of proposed improvements and to effectively make land use decisions in the context of noise impact projections. Concluding Comments The City recognizes the attempts of the MAC to ease passengers' travel by reducing delay at MSP through terminal expansion plans. However, the City respectfully requests that the MAC proactively think beyond the 2015 terminal projects by addressing how much growth the MAC wants to drive, and secondly, how much growth MSP can handle. These are difficult policy questions that need to be answered before moving ahead with projects costing in excess of $600 million. Again, thank you for the opportunity to offer comments on the draft EA. If you have any questions regarding our comments, please do not hesitate to contact Dianne Miller, Assistant to the City Administrator at (651) 675-5014. Sincerely, Pat Geagan Mayor CQ 0 C. Agenda Information Memo August 1, 2005 Eagan City Council Meeting IX. NEW RUNWAY/AIRPORT UPDATE ACTIONS TO BE CONSIDERED: The Council is asked to provide direction regarding the Airport Relations Commission's recommendation that the September open house at the Community Center be formatted in more of a traditional open house style. FACTS: Recent Open Houses ➢ The most recent Eagan New Runway/Airport Open House was held at Oak Ridge Elementary School on Thursday, July 14, 2005. ➢ Approximately 2,100 invitations were sent to homeowners around Oak Ridge Elementary School, and approximately 100 people were in attendance at the open house. ➢ The next and final neighborhood open house is scheduled for August 18, 2005 at Pilot Knob Elementary School. Invitations have been mailed to approximately 1,400 residents. September 15, 2005 Open House ➢ The final New Runway/ Airport Open House is scheduled to take place on September 15, 2005 at the Eagan Community Center. ➢ As the Council will recall, the September open house was scheduled as a "catch all" for those residents who were unable to attend the open house in their neighborhood. The postcard invitation that was sent to residents for each of the open houses noted on the bottom of the postcard that the September 15 open house was another option for resident to learn about the new runway. ➢ The Airport Relations Commission, at the July 12 meeting, discussed the September open house and recommended that rather than duplicating the presentation that has been provided a the neighborhood open houses, instead, the City should offer a more traditional open house setting that would include the following: ✓ Large boards showing the flight tracks off the new runway, altitude, runway use percentage, decibel levels, results of the baseline noise study (in an understandable and condensed format), etc. (to be staffed by City and MAC staff) ✓ A representative of the MAC to staff a table showing construction techniques that homeowners can use to abate noise (e.g. window values, insulation types, etc.) ✓ Noise demonstration (in a separate room) to show residents what noise could sound like at their location within the City. (At each of the open houses, the noise demonstration was tailored to the specific neighborhood in which the open house was taking place.) ✓ A video loop showing the video prepared by the MAC regarding the impact of the new runway ✓ The open house would take place from 6:30-8 p.m., and would allow residents to come and go at their leisure. ➢ The ARC is recommending to the City Council the above format for the September open house at the Community Center. 03 AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER AUGUST 1, 2005 A. CALL TO ORDER B. ADOPT AGENDA C. APPROVE MINUTES D. OLD BUSINESS E. NEW BUSINESS 01 p L NORTHEAST EAGAN REDEVELOPMENT DISTRICT - Approve First Amendment to Second Amended and Restated Development Agreement Dated May 4, 2004 Relating to Tax Increment Financing District No. 2-4 Between the City of Eagan and Grand Oak CR LLC al,~- 2. APPROVE Predevelopment Agreement between the City, Revestors Corporation and Manley Development Relative to the Potential Redevelopment of the Southeast Eagan Area Bounded by Hwy 3, Red Pine Lane, Biscayne Avenue and Gun Club Road 9a 33. CEDAR GROVE REDEVELOPMENT DISTRICT - APPROVE RESOLUTION for Application for Conveyance of a Tax Forfeit Property (Barton McGray Addition, Lot 3 Block 1) from the State of Minnesota to the City of Eagan and Eagan EDA for Future Sale and Redevelopment F. OTHER BUSINESS G. ADJOURNMENT ao Agenda Information Memo Eagan Economic Development Authority Meeting August 1, 2005 A. CALL TO ORDER ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the agenda as presented or modified. C. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the July 19, 2005 EDA meeting as presented or modified. ATTACHMENTS: • Minutes of the July 19, 2005 EDA meeting on pages C06- o Vol- O MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota July 19, 2005 A meeting of the Eagan Economic Development Authority was held on Tuesday, July 19, 2005 at the Eagan Municipal Center. Present were President Geagan, Commissioner Fields, Commissioner Carlson, Commissioner Tilley, and Commissioner Maguire. Also present were Executive Director Hedges, Community Development Director Hohenstein, City Planner Ridley, Director of Public Works Colbert, and City Attorney Dougherty. ADOPT AGENDA Commissioner Fields moved, Commissioner Carlson seconded a motion to approve the agenda as presented. Aye:5 Nay:0 APPROVE MINUTES Commissioner Tilley moved, Commissioner Fields seconded a motion to adopt a resolution approving the minutes of the July 7, 2005 EDA meeting as presented. Aye:5 Nay:0 NEW BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT AMENDMENT TO THE LEASE AGREEMENT FOR EAGAN PET CLINIC Community Development Director Hohenstein discussed the proposed lease agreement for Eagan Pet Clinic to postpone rent rate adjustment for three months to October 20, 2005. Commissioner Fields moved, Commissioner Maguire seconded a motion to approve an amendment to the Lease Agreement for Eagan Pet Clinic for property located at 3990 Cedar Grove Parkway to postpone the scheduled rent rate adjustment for three months to October 20, 2005. Aye: 5 Nay: 0 AUTHORIZE PREPARATION OF PREDEVELOPMENT AGREEMENT BETWEEN THE CITY, REVESTORS CORPORATION AND MANLEY DEVELOPMENT RELATIVE TO THE POTENTIAL REDEVELOPMENT OF THE SOUTHEAST EAGAN AREA BOUNDED BY HIGHWAY 3, RED PINE LAND, BISCAYNE AVENUE AND GUN CLUB ROAD Community Development Director Hohenstein discussed the proposed Predevelopment Agreement relative to the potential redevelopment of the southeast Eagan area. 0 (o Commissioner Carlson moved, Commissioner Tilley seconded a motion to authorize the preparation of a Predevelopment Agreement between the City, Revestors Corporation and Manley Development relative to the potential redevelopment of the southeast Eagan area bounded by Highway 3, Red Pine Lane, Biscayne Avenue and Gun Club Road. Aye:5 Nay:0 OTHER BUSINESS There was no other business. ADJOURNMENT Commissioner moved, Commissioner seconded a motion to adjourn the meeting at 8:50 p.m. Aye: 5 Nay:0 Date Executive Director 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, (612) 681-4600 (TDD phone: (612) 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. as ~ Agenda Memo Eagan Economic Development Authority Meeting August 1, 2004 1. NORTHEAST EAGAN REDEVELOPMENT DISTRICT - APPROVE FIRST AMENDMENT TO SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT DATED MAY 4, 2004 RELATING TO TAX INCREMENT FINANCING DISTRICT NO. 2-4 BETWEEN THE CITY OF EAGAN AND GRAND OAK CR LLC ACTION TO BE CONSIDERED: To approve or deny the First Amendment to Second Amended and Restated Development Agreement Dated May 4, 2004 Relating to Tax Increment Financing District No. 2-4 Between the City of Eagan and Grand Oak CR LLC in the Northeast Eagan Redevelopment District. FACTS: • The City of Eagan and the Eagan Economic Development Authority previously approved a development agreement with Interstate Partners for the acquisition and resale of property located at the intersection of TH 149 and TH 55 for redevelopment purposes. That agreement was subsequently amended on May 4, 2004 to clarify aspects of the development and to allocate the proposed tax increment financing assistance between the proposed development phases. • The assistance was based on the square footage of the improvements in the phases, anticipating that 50,000 s.f. would be constructed in the first phase and 100,000 s.f. in the second. The TIF assistance in the amount of a maximum of $1.5 million was allocated between the phases as a multiple of those square footages. • When the Developer brought forward the development plan for the project, it was proposed that 60,000 s.f be built in the first phase and 90,000 s.f. in the second. That proposal was approved and construction is underway for phase 1. The purpose of the proposed amendment is to reallocate the TIF assistance to conform to the shift in square footages between the phases, such that up to $600,000 will be allocated to phase 1 and $900,000 to phase 2. ATTACHMENTS: • Resolutions on pages..Q 09 - .7 r o • Area map on page Q /Z • Full development agreement and purchase agreement available upon request. l/ U CITY OF EAGAN RESOLUTION TO APPROVE THE FIRST AMENDMENT TO SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT DATED MAY 4, 2004 RELATING TO TAX INCREMENT FINANCING DISTRICT NO. 2-4 BETWEEN THE CITY OF EAGAN AND GRAND OAK CR LLC IN THE NORTHEAST EAGAN REDEVELOPMENT DISTRICT BE IT RESOLVED by the Eagan City Council to approve the First Amendment to Second Amended and Restated Development Agreement Dated May 4, 2004 Relating to Tax Increment Financing District No. 2-4 Between the City of Eagan and Grand Oak CR LLC in the Northeast Eagan Redevelopment District. Motion by: Second by: Those in Favor: Those Against: 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 in a regular meeting thereof assembled this I" day of August, 2005. Maria Petersen, City Clerk EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION TO THE FIRST AMENDMENT TO SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT DATED MAY 4, 2004 RELATING TO TAX INCREMENT FINANCING DISTRICT NO. 24 BETWEEN THE CITY OF EAGAN AND GRAND OAK CR LLC IN THE NORTHEAST EAGAN REDEVELOPMENT DISTRICT BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve the First Amendment to Second Amended and Restated Development Agreement Dated May 4, 2004 Relating to Tax Increment Financing District No. 2-4 Between the City of Eagan and Grand Oak CR LLC in the Northeast Eagan Redevelopment District. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Jon Hohenstein, Secretary/Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting thereof assembled this I st day of August, 2005. Jon Hohenstein, Secretary/Deputy Executive Director C- o Grand Oak V SS •0am Feet 0 150 300 600 " City of Ealan Grand Oak V Area a~ j N Agenda Memo Eagan Economic Development Authority Meeting August 1, 2005 2. APPROVE PREDEVELOPMENT AGREEMENT BETWEEN THE CITY, REVESTORS CORPORATION AND COMMERCIAL PROPERTY DEVELOPMENT CORPORATION RELATIVE TO THE POTENTIAL REDEVELOPMENT OF THE SOUTHEAST EAGAN AREA BOUNDED BY HWY 3. RED PINE LANE, BISCAYNE AVENUE AND GUN CLUB ROAD ACTION TO BE CONSIDERED: To approve a Predevelopment Agreement between the City, Revestors Corporation and Commercial Property Development Corporation relative to the potential redevelopment of the southeast Eagan area bounded by Hwy 3, Red Pine Lane, Biscayne Avenue and Gun Club Road. FACTS: ➢ At its meeting of July 19, 2005, the EDA and City Council authorized the preparation of a Predevelopment Agreement with Revestors Corporation and Commercial Property Development Corporation, a division of Manley Development, to formalize the relationship of the parties relative to the potential formation of a redevelopment district in the area described in Southeast Eagan. ➢ In the past, the City has considered the appropriateness of certain commercial industrial land uses in the southeast part of the City in the area of Red Pine Lane and Biscayne Avenue. As urban density development has occurred in the area, particularly residential development, the City has determined that different land uses would be more appropriate in the long term. ➢ In the most recent Comprehensive Guide Plan, the area bounded by Hwy 3, Red Pine Lane, Biscayne Avenue and Gun Club Road is designated to be RC Retail Commercial and it is zoned NB Neighborhood Business. At the present time, portions of the property are vacant and the remainder is occupied by commercial and industrial properties maintained in a range of conditions. ➢ In recent months, the City has been approached by two development firms, Revestors Corporation and Manley Land Development, which have acquired property within the area and propose to develop it in a manner generally consistent with the Comprehensive Guide Plan and Zoning designations for the property. Revestors has purchased the former Oberg property along Hwy 3 and Manley has acquired and cleared the former Pieper property at the comer of Red Pine Lane and Biscayne Avenue. ➢ In response to this situation, the City Council authorized staff and the Council Finance Committee to meet with the developers to discuss the potential for alp defining a master plan for the area that could anticipate the redevelopment of the area. In particular, the City Council indicated that they expected a master plan for the area to address traffic access and circulation, integrated site design and consistent, high quality architectural design to bring about a unified approach to the site and to avoid hodge podge development of parts of the property. ➢ The parties have met to discuss preliminary concepts and the Finance Committee and staff recommended that the enter into a predevelopment agreement to define the terms, responsibilities and cost obligations associated with refinement and presentation of a master plan and investigation of the eligibility of the area for consideration as a redevelopment district under Minnesota law. ATTACHMENTS: • Resolutions on pages a ' • Copy of Predevelopment A ement on pages a 1.O -a~ • Area map on page EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION TO APPROVE A PREDEVELOPMENT AGREEMENT BETWEEN THE CITY, REVESTORS CORPORATION AND MANLEY DEVELOPMENT RELATIVE TO THE POTENTIAL REDEVELOPMENT OF THE SOUTHEAST EAGAN AREA BOUNDED BY HWY 3, RED PINE LANE, BISCAYNE AVENUE AND GUN CLUB ROAD BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve a Predevelopment Agreement between the City, Revestors Corporation and Manley Development relative to the potential redevelopment of the Southeast Eagan Area bounded by Hwy 3, Red Pine Lane, Biscayne Avenue and Gun Club Road. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Jon Hohenstein, Secretary/Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting thereof assembled this 1St day of August, 2005. Jon Hohenstein, Secretary/Deputy Executive Director CITY OF EAGAN RESOLUTION TO APPROVE A PREDEVELOPMENT AGREEMENT BETWEEN THE CITY, REVESTORS CORPORATION AND MANLEY DEVELOPMENT RELATIVE TO THE POTENTIAL REDEVELOPMENT OF THE SOUTHEAST EAGAN AREA BOUNDED BY HWY 3, RED PINE LANE, BISCAYNE AVENUE AND GUN CLUB ROAD BE IT RESOLVED by the Eagan City Council to approve a Predevelopment Agreement between the City, Revestors Corporation and Manley Development relative to the potential redevelopment of the Southeast Eagan Area bounded by Hwy 3, Red Pine Lane, Biscayne Avenue and Gun Club Road. Motion by: Second by: Those in Favor: Those Against: 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 in a regular meeting thereof assembled this 1St day of August, 2005. Maria Petersen, City Clerk als PRELIMINARY REDEVELOPMENT AGREEMENT THIS PRELIMINARY REDEVELOPMENT AGREEMENT ("Agreement") is made and entered into as of the day of , 2005, by and between EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation, and the CITY OF EAGAN, a Minnesota municipal corporation (collectively referred to as the "City"), and COMMERCIAL PROPERTY DEVELOPMENT CORPORATION, a Minnesota corporation, and REVESTORS REALTY, LLC, a Minnesota limited liability company (collectively referred to as the "Redevelopers"). The City and Redevelopers shall hereinafter be referred to as the "Parties." WHEREAS, Redevelopers own a portion of the property located in the Southeast Eagan area bounded by Highway 3, Red Pine Lane, Biscayne Avenue and Gun Club Road (the "Redevelopment Property") as generally depicted on Exhibit "A;" and WHEREAS, Redevelopers have approached the City to determine whether it is beneficial to the Parties to designate the Redevelopment Property as a "redevelopment district;" and WHEREAS, the City is willing to consider such a designation, provided that the Redevelopers submit an escrow deposit to cover all costs to review the proposal. NOW, THEREFORE, in consideration of the mutual covenants and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: BASIC TERMS AND CONDITIONS The following is a list of the terms and conditions under which the City will analyze Redevelopers request to designate the Redevelopment Property as a redevelopment district, including the responsibility and roles of the respective participants regarding the proposed redevelopment of the Redevelopment Property. 1. REDEVELOPMENT PROPERTY. The properties proposed to be redeveloped are the properties depicted in Exhibit "A" and more fully described in the legal descriptions attached hereto as Exhibit "B" ("the Site"). The exact dimensions and square footage of the Site shall be determined by survey. The Parties agree that the Site may be enlarged to include other lands at the mutual agreement of the Parties. 2. UNDERTAKING AND EXCLUSIVE RIGHTS. In consideration of the time, effort and expenses to be incurred by the City in pursuing the undertakings set forth herein and in further consideration of the amount of $20,000.00 paid by Redeveloper to the City (the "Deposit), the receipt of which is hereby acknowledged, the City hereby agrees that for the term of this Agreement it will not: (i) provide or enter into an agreement for provision of financial assistance to any third party in a/ 6 connection with any proposed development within the Site; and (ii) condemn or agree to proceed with the condemnation of any property within the Site to assist or facilitate development within such area by a third party. During such period the Redeveloper shall have the exclusive right to make a specific proposal and negotiate the terms of a Redevelopment Agreement for the Redevelopment Property. Said exclusive rights shall continue, unless earlier terminated as provided herein, for a period of twelve (12) months from the date hereof, or until such later date as the Parties may mutually agree. Such determination shall be made at the sole discretion of the City and shall not be subject to challenge by the Redeveloper. The City has no obligation hereunder to enter into any Redevelopment Agreement in any form and the Redeveloper acknowledges that the City has not made any commitments in that regard. 3. THE PROJECT. The Project will consist of the redevelopment of the Site and may include residential, mixed use and retail. Building use and design may be limited in order to accommodate traffic impact within the Site. Building design will be consistent with designed standards adopted by the City as may be modified from time to time. 4. ANALYSIS FOR PUBLIC ASSISTANCE. Although the City is not presently making any commitment whatsoever to provide a specific type, level or amount of public assistance that may be available for the Site. However, upon submission of the Deposit referred to in paragraph 2 above, the City will work with the Redevelopers to determine if public assistance is available to the Project. The City intends to retain the services of Faegre & Benson LLP, Ehlers & Associates, Inc. and Severson, Sheldon, Dougherty & Molenda, P.A. (collectively referred to as the "Consultants") upon the execution of this Agreement. Consultants are being retained to assist with legal matters pertaining to the Project. Ehlers & Associates, Inc. is being retained to assist the City in the technical matters such as project management, financial feasibility, potential district creation, certification and sizing, tax increment calculations, "but-for" analysis, and other factors pertaining to any claim for economic assistance. The City will reimbursement itself from the Deposit for all costs and expenses incurred by the City in connection with all costs incurred by the Consultants. 5. Examples of public assistance that may be available in connection with the redevelopment include the following: a. Site Assembly. The City will consider acquisition of portions of the Site based upon terms and conditions acceptable to the City which terms and conditions will be contained in the Redevelopment Agreement. Acquisition may be through negotiated purchase, or condemnation or a combination. Acquisition by the City shall be considered only after the Redevelopers have demonstrated good faith efforts to purchase the property, and these efforts have been unsuccessful. -2- 0/~ b. Tax Increment Financing. The City will consider in good faith establishing a tax increment financing district to support the Project; and agrees to give due consideration to any such request. Without in any way binding the City to any particular type, form or amount of TIF subsidy, the City acknowledges that, in prior discussions between the parties. C. Grants. The City will, upon request of the Redevelopers, consider in good faith applying for any and all available grants, including, but not limited to, livable communities grants, DTED environmental remediation grants, community development block grants, and any other grants as may be available to pursue the redevelopment of the site. 6. TERMINATION. This Agreement may be terminated prior to its expiration by the City as to all or a portion of the Redevelopment Property upon the giving of written notice to the Redevelopers that the Redevelopers are not diligently pursuing the redevelopment of the portions of the Redevelopment Property. The Redevelopers shall have a reasonable time, but in no event less than 30 days to affect a cure of such default, or to demonstrate that it is diligently pursuing such cure. The City may also terminate this agreement for the failure of the Redeveloper to make any payment due in accordance with Paragraph 4 above. 7. LEGISLATIVE JUDGMENT. The Redevelopers understand that many of the actions which may be necessary for the Project and may be contemplated by a Redevelopment Agreement involves matters of the discretion by the City Council of the City, and in some instances, its legislative judgment. Such actions may only be made following established procedures, and the City cannot and does not agree, in advance, to any specific decision in such matters. 8. NOTICES. All communications shall be directed to the Redevelopers at: Commercial Property Development Corporation 1915 Plaza Drive Eagan, MN 55122 And Revestors Realty, LLC 18170 Jannevar Court Lakeville, MN 55044 All communications shall be directed to the City at: Eagan Economic Development Authority Attn: Thomas L. Hedges, Executive Director 3830 Pilot Knob Road Eagan, MN 55122-1810 1 And City of Eagan City Hall Attn: Jon Hohenstein, Community Development Director 3830 Pilot Knob Road Eagan, MN 55122-1810 IN TESTIMONY WHEREOF, the Parties hereto have set their hands as of the date and year first above written. EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation By: Pat Geagan Its: President By: Thomas L. Hedges Its: Executive Director CITY OF EAGAN, a Minnesota municipal corporation By: Pat Geagan Its: Mayor By: Maria Petersen Its: Clerk COMMERCIAL PROPERTY DEVELOPMENT CORPORATION, a Minnesota corporation By: Its: -4- a~~ REVSETORS REALTY, LLC, a Minnesota limited liability company By: Its: STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this day of , 2004, by Pat Geagan and Thomas L. Hedges, the President and Executive Director of the Eagan Economic Development Authority, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this day of , 2004, by Pat Geagan and Maria Petersen, the Mayor and Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this day of , 2005, by , the of Commercial Property Development Corporation, a Minnesota corporation, on behalf of the corporation. Notary Public -5- cpwl?v STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this day of , 2005, by , the of Revestors Realty, LLC, a Minnesota limited liability company, on behalf of the limited liability company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 (952) 432-3136 (RBB: 206-4768) -6- ~a ~ o H b~ '3sv3 'iun 8 -NIV'dO O N n. - ° N -91 A o - ! - _ r S O odd g 9 3AV 3NAVOSIS o y 00, 6. a > d N W N € t fiLi, U W m o g cn br € J Z y ~ _W L 20.0 _ I 91L I g cn Agenda Memo Eagan Economic Development Authority Meeting August 1, 2004 3. CEDAR GROVE REDEVELOPMENT DISTRICT - APPROVE RESOLUTION FOR APPLICATION FOR CONVEYANCE OF A TAX FORFEIT PROPERTY (BARTON MCGRAY ADDITION, LOT 3 BLOCK 1) FROM THE STATE OF MINNESOTA TO THE CITY OF EAGAN AND EAGAN EDA FOR FUTURE SALE AND REDEVELOPMENT ACTION TO BE CONSIDERED: To approve or deny a resolution for Application for Conveyance of a Tax Forfeit Property (Barton McGray Addition, Lot 3 Block 1) from the State of Minnesota to the City of Eagan and Eagan EDA for Future Sale and Redevelopment in the Cedar Grove Redevelopment District. FACTS: • The City has taken steps to bring about the redevelopment of the Cedar Grove Redevelopment Area, including public improvements, environmental reviews, comprehensive plan and zoning modifications and the execution of development agreements that are resulting in the construction of new private development consistent with the City's plans. As a part of that activity, the City has acquired a number of properties that have been or will be redeveloped in the future. • As noted in the consent agenda item earlier on the agenda, the City previously received a conveyance of tax forfeit property in the Cedar Grove Redevelopment Area from the state for parks and open space purposes. In order to incorporate the property into the redevelopment district, staff is requesting EDA and Council action to discontinue the parks and open space request, return the property to the state and request its conveyance to the City for redevelopment purposes. This action covers the request for the latter action. ATTACHMENTS: l • Resolutions on pagesa • Application form on pages 0 • Area map on page EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION TO APPROVE FOR APPLICATION FOR CONVEYANCE OF A TAX FORFEIT PROPERTY (BARTON MCGRAY ADDITION, LOT 3 BLOCK 1) FROM THE STATE OF MINNESOTA TO THE CITY OF EAGAN EDA FOR FUTURE SALE AND REDEVELOPMENT BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to authorize an Application for Conveyance of a Tax Forfeit Property (Barton McGray Addition, Lot 3 Block 1) from the State of Minnesota to the City of Eagan EDA for Future Sale and Redevelopment. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Jon Hohenstein, Secretary/Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting thereof assembled this 1St day of August, 2005. Jon Hohenstein, Secretary/Deputy Executive Director a0? ~ CITY OF EAGAN RESOLUTION TO APPROVE FOR APPLICATION FOR CONVEYANCE OF A TAX FORFEIT PROPERTY (BARTON MCGRAY ADDITION, LOT 3 BLOCK 1) FROM THE STATE OF MINNESOTA TO THE CITY OF EAGAN EDA FOR FUTURE SALE AND REDEVELOPMENT BE IT RESOLVED by the Eagan City Council to authorize an Application for Conveyance of a Tax Forfeit Property (Barton McGray Addition, Lot 3 Block 1) from the State of Minnesota to the City of Eagan EDA for Future Sale and Redevelopment. Motion by: Second by: Those in Favor: Those Against: 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 in a regular meeting thereof assembled this 1" day of August, 2005. Maria Petersen, City Clerk ass PT Form 962 (Revised 10/11196) Minnesota Department of Revenue Staple All Correspondence Application by a Governmental Subdivision for Conveyance of Tax-Forfeited Lands for an Authorized Public Use (Minnesota Statutes, Section 282.01, Subdivisions la through le) (Note: If the governmental subdivision has purchased the property, use PT Form 80) In Dakota county Name ofgovernmental subdivision (applicant): City of Eagan Econbmic Development Authority Mailing address of applicant: 3830 Pilot Knob Road Eagan, MUTT 55122 Date requested property was forfeited to the State: (month) (day) (year) Legal description of property (include the name of the city/town in which the property is located): 10-13700-030-01 Barton McGray Addition I City of Eagan 3 1 I I I Describe the intended public use to be made of the property (be specific, including statute or special law references, if relevant): Sell for redevelopment (M.S. Chapter 469) State the need for the property (be specific, e.g., why this property instead of some other property?): The property is located in a tax increment redevelopment district. The EDA intends to acquire the parcel, assemble it with other parcels and resell it for redevelopment. Please check the appropriate boxes below: ❑ correcting governmental subd_ name ❑ There are one or more wells on this property and/or ❑ legal description ❑ There are no wells on this property original deed no. (If recorded, please supply recording information. If not recorded, please return the original state deed.) A Wetland Certification Form Must Be Attached To This Application Return application to: MN Department of Revenue' Property Tax Division ' Mail Station 3340',St Paul, MN 55146-3340 a09 STATE OF MINNESOTA ) )ss. County of Dakota ) Pat Geagan Being first duly swom, deposes and says that he/she is the authorized representative of the applicant named herein, that he/she has read said application and knows the contents thereof, and that the matters stated therein are true and correct. President Name Title Subscribed and sworn to before me this 1St day of August , 20 05 Notary Public, County, Minn. My commission expires RECOMMENDATION OF COUNTY BOARD UPON APPLICATION The County Board of County, Minnesota, has reviewed the application of dated , 20_, for the conveyance for an authorized public use of certain tax-forfeited land described therein. The county board recommends that this application be: rejected _ granted Signature (for the County Board) Date CERTIFICATION OF COUNTY AUDITOR OR LAND COMMISSIONER I have taken the necessary steps required by Minnesota Statutes to prepare the herein described tax-forfeited land for conveyance for an authorized public use. Signature of County Auditor or Land Commissioner Date OFFICE OF THE COMMISSIONER OF REVENUE St. Paul, Minn., 120 Upon due consideration of this application, it is ordered that it is hereby: rejected granted Commissioner of Revenue By CP~ Page 1 of 1 Dakota County Real Estate Inquiry Dakota Cou~ntydReal,Estate Inquiry Up 7. 00 Zoom O Select option and click map. Whole County Refresh Map Big Map Legend Re Al. Estate Parcels 0 Parcels a f ® comrnon. ownership f ~1Af a[~ j IRRAW'Ease ment r' ❑ Dedicated WAN Standard r~") f Choose a search method, enter criteria, and dick Go or hit enter key. Go House 4 rx.. p~F zy, V eye l Fr x,. f Go %f Address: , f RT 2 PRO" PIN: Go Dakota Cou* cation was developed by the Dakota County Office of GIs Th, ppli in cooperation Assessing Services, Treasurer - Auditor and Pro a Records Departmen o u n+l c Click on the Dakota County Logo above to return to the porno Pape • L+ J http://207.171.98.200/scripts/esrimap.dll?Name-webq i&Left--525780.529857135&Botto... 7/25/2005 8/ Agenda Information Memo Eagan Economic Development Authority Meeting August 1, 2005 F. OTHER BUSINESS There is no other business to come before the EDA at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the Economic Development Authority meeting. ~~9 Southwest Area YMCA 550 Opperman Drive 1v Eagan, MN 55123 YMCA 651456-9622 We build strong kids, fax: 651-6834704 strong families, strong communities. Monday, July 11, 2005 Mira McGarvey Deputy City Clerk/Administrative Secretary 3830 Pilot Knob Road Eagan, MN 55122-1897 Dear Ms. McGarvey: I am writing to request a waiver of the $150 fee for Temporary On-Sale Liquor License for the City of Eagan. We are requesting a license for our community fundraiser called Dine Dakota. Proceeds from the event will benefit children at risk through the YMCA Y Compass program. Dine Dakota is both a local fundraising event and a way to experience cuisine from 20 local restaurants that are donating their food to our event. The fundraiser will take place on Saturday, September 17, 2005 from 7- 10pm at the Southwest Area YMCA. Tickets will be sold in advance by YMCA volunteers and staff to members of the local community. The YMCA will be serving wine and sodas only for the event. The YMCA is a community based not-for-profit organization and serves people of all ages, backgrounds, abilities and incomes. The mission of the YMCA is to put Christian principles into practice through programs that build healthy spirit, mind and body for all. Our vision in the community is to build strong kids, strong families and strong communities. Thank you for your consideration. l Sincerely, sica Thornton 6rJe gram Executive City of Eagan Procedures Temporary Liquor License SITE PLAN a) The Liquor Service will take place INSIDE the Southwest Area YMCA, 550 Opperman Drive, Eagan, MN 55123. The event will be in our hallway and two gymnasiums. b) There will be 3 locations INSIDE the YMCA serving the wine. One bar in the hallway area and one bar in each of the two gymnasiums. INSURANCE The YMCA will carry liquor liability insurance. Carrier's name and amount of coverage will provided. PUBLIC SAFETY/SECURITY • The YMCA will sell tickets to the event and would be sold to attendees over 21. • Attendees to the event MUST have a ticket to enter the YMCA for the evening. • Tickets are sold in advance. • Upon arrival at the event, YMCA staff will check appropriate I.D.s and wristbands to attendees. • Appropriate signs will be posted at entrances to the YMCA notifying that sales to persons under 21 are prohibited. • Anticipated attendance is 350-400 people. The event is ticket-based. • The YMCA personnel and volunteers will handle all security issues that should arise in the appropriate manner. • The YMCA staff are trained in first aid,_ CPR and crisis management. • Additional security will be purchased as required. Numbers and names will be submitted as required. • Alcohol will be consumed from 7-10pm Saturday, September 17, 2005. Clean up of the event will take place immediately following the event for approximately 1-2 hours. No liquor will be served during that time. • Individuals under 21 in attendance will be clearing tables and cleaning up after the event. The YMCA staff will directly supervise these individuals. • The YMCA will pay any fees incurred to the City for any on-duty Police officer assigned to the event. • The YMCA will provide an on-Site Manager of the licensed area. 4b~ City of Ema TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: AUGUST 1, 2005 SUBJECT: ADDITIONAL INFORMATION / AUGUST 1, 2005 CITY COUNCIL MEETING There are no additional handouts included for the August 1 City Council meeting. /s/ Thomas L. Hedges City Administrator r ~l) ADMINISTRATIVE AGENDA REGULAR CITY COUNCIL MEETING EAGAN, MINNESOTA AUGUST 1, 2005 CITY ATTORNEY CITY ADMINISTRATOR DIRECTOR OF PUBLIC WORKS DIRECTOR OF COMMUNITY DEVELOPMENT City of Emm TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: AUGUST 1, 2005 SUBJECT: ADMINISTRATIVE AGENDA / AUGUST 1, 2005 CITY COUNCIL MEETING CITY ATTORNEY There will be a brief Executive Session following the regular City Council meeting to consider two matters of litigation; Cascade Bay and Wensmann Realty, Inc. CITY ADMINISTRATOR There are no items at this time. DIRECTOR OF PUBLIC WORKS There are no items at this time. COMMUNITY DEVELOPMENT DIRECTOR There are no items at this time. /s/ Thomas L. Hedges City Administrator