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08/16/2005 - City Council Regulari AGENDA EAGAN CITY COUNCIL -REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING August 16, 2005 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGLANCE II. ADOPT AGENDA (At approximately 8:00 p.m. the Council will take a short recess) III. RECOGNITIONS & PRESENTATIONS ~Q l A. Award of Excellence from Minnesota Recreation and Parks Association for 2004 Project; Passport to Play 1 ~ B. Clarification of Excel Development Landscape Plan, Highway 3 and Diffley Road IV. CONSENT AGENDA A. APPROVE MINUTES ~~B. PERSONNEL ITEMS ~a C. CHECK REGISTERS 3 D. RESCHEDULE regular City Council meeting for Tuesday, November 1 rather than Thursday, November 3 ~,1~ E. APPROVE revised 2005 Fee Schedule charges for police and fire reports to comply with State legislation ~~i'F. APPROVE the 2006 membership rate increase and the 2006 Community Center operating budget PZA G. APPROVE aone-month student membership to be promoted, marketed and sold at the Eagan Community Center in / December, 2005. 1 ~ H. APPROVE change to minimum age for fitness membership at the Eagan Community Center . ~~I. APPROVE the 2005-2006 ice rental rates, the 2006 Civic Arena operating budget, and the 2005 purchase of 2006 capital outlay items P 31 J. APPROVE the 2006 rates and the 2006 Cascade Bay operating budget ~33 K. APPROVE Proclamation for Burnsville/Eagan Community Television Volunteer Appreciation Day -August 18 ?`L. APPROVE Ordinance Amendment -Chapter S, Wine, Beer and Liquor Licensing and Regulation Regarding •7~7 Brewpub Operations P ~/QM. APPROVE On-Sale Liquor and Sunday License and Brewpub Off-Sale Malt Liquor License for Granite City Food & Brewery, LTD. ny~ N. APPROVE Off-Sale Liquor License for Pradith, Inc., dba Urban Liquors, 1983 Silver Bell Road (formerly Boji r Wine & Spirits) ~y~ O. APPROVE Tobacco License for Pradith Syhaphom (Urban Liquors - 1983 Silver Bell Road) ~3 P. APPROVE Tree Maintenance Contractor License for Terry Trkla (Kaposia Tree Service) ~py y Q. APPROVE a School Liaison Agreement between the City of Eagan and Independent School District #191 to I provide School Resource Officers to VALE Education Center and Metcalf Junior High School Q R. AUTHORIZE submittal of CMAQ Grant Application for funding of Cedar Grove Transit Station S'~7 S. AUTHORIZE preparation of policy pertaining to the creation of Housing Improvement Districts to assist with certain improvements of association managed residential property SST. APPROVE Community Development Block Grant (CDBG) Subrecipient Agreement 2005-2006 with the Dakota County Community Development Agency (CDA) ~~ U. RECEIVE Wetland Delineation Report and Approve Wetland Exemption -Gopher Commons ~~gV. APPROVE Change Order #2, Contract OS-03 (Well #21) ~~rQ W. APPROVE a no-loss determination for wetland cleanup (Steeplechase Addition) f ~ ~ X. APPROVE Plans and Specifications for Contract OS-08, Lone Oak Drive (Trail Improvement) ~~a Y. APPROVE extension of Conditional Use Permit to allow a hotel on Lot 3, Block 1, Spectrum Business Park - Spectrum Development Group, LLC. ,~j6~ Z. APPROVE extension of Conditional Use Permit to allow a restaurant on Lot 1, Block 1, Spectrum Business Park - ~/ Spectrum Development Group, LLC. pbb ~' ACCEPT final (baseline) noise study report from Wyle Laboratories per the recommendation of the Airport Relations Commission. 67 BB. ACCEPT preparation of an ordinance amendment, Chapter 2, Administration and General Government, regarding / the sale of public property 6~CC. APPROVE Change Order #1, Contract OS-03 (Well #21) ~69 DD.INITIATE Zoning Map update and waive notification requirement ~oEE. APPROVE comments to the City of Rosemount regarding the Comprehensive Guide Plan Amendment for G1enRose of Rosemount V. PUBLIC HEARINGS VI. OLD BUSINESS Jn 7 I A. PRELIMINARY PLANNED DEVELOPMENT, PRELIMINARY SUBDIVISION AND REZONING - Y/~ Cedazstone of Wescott - Cedarstone Development Company - A Preliminary Planned Development and Preliminary Subdivision of 5 acres to create a mixed use of 6 unit townhomes and 2 unit single family homes and a Rezoning from Agriculture to Planned Development located in the SW '/< of Section 14. ' ` ~B. PLANNED DEVELOPMENT AMENDMENT -Solomon Real Estate Group - A Planned Development d Amendment to allow a 45,000 square foot retailer and two additiona17,000 square foot building pads at 1225 Town Centre Drive in the NE '/< of Section 15. VII. NEW BUSINESS VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE IX. NEW RUNWAY/AIRPORT UPDATE X. ADMINISTRATIVE AGENDA a. Comments by City Council, City Administrator, and Department Heads `~pu 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 l fp~ C. APPROVE MINUTES P D. OLD BUSINESS E. NEW BUSINESS l? 1 1. CEDAR GROVE REDEVELOPMENT DISTRICT -Authorize staff to enter into negotiations for the potential acquisition of Frattalone Ace Hazdwaze Property, 4000 Sibley Memorial Highway. ' ?U 2. NORTHEAST EAGAN REDEVELOPMENT DISTRICT -Schedule Public Hearing to consider a ~ 7 Development Agreement with McGough Companies and the Public Purpose of the Acquisition and Assembly of Property located on Blue Gentian Road and Blue Gentian Circle. F. OTHER BUSINESS G. 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 regazd to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regazd to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. ~~~~ City of Ea~a~ demo TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: AUGUST 15, 2005 SUBJECT: ADDITIONAL INFORMATION /AUGUST 16, 2005 CITY COUNCIL MEETING CONSENT X. Contract OS-08, Lone Oak Drive Trail Improvements - It is recommended that during agenda adoption, this item be moved to Old Business entitled as Item C. The reason for moving the item from the Consent to Old Business is due to a need by staff to make a brief presentation and for the City Council's direction on various options for the Lone Oak Drive trail improvements. At the time of agenda adoption, this item will be moved to Item C. -Old Business. AA. Final Baseline Noise Study Report Wyle Laboratories -Final changes on the Noise Study Report from Wyle Laboratories were received Monday afternoon. Enclosed on pages 66a through 66aa is a copy of the revised text of the study. A final bound copy of this report will be provided to the City Council on Tuesday. OLD BUSINESS B. PLANNED DEVELOPMENT AMENDMENT -Solomon Real Estate Group (Best Buy) - In response to a review of the information submitted by the developer on Friday, enclosed without page number are further revisions representing the plaza area and plantings on the west side of the proposed building. (Color copies of the attachments are included without page number for the City Council.) In addition, if this item is to be approved, the City should confirm that a wing wall will be constructed on the northeast corner of the building of the same materials as the principle building to screen the audio installation garage doors and a condition should be added to the action on the Planned Development Amendment to require a maintenance agreement in a form acceptable to the City Attorney for the plant materials located in the County and City right of way associated with the pedestrian plaza. /s/ Thomas L. Hedges City Administrator WR 05-13 • August 2005 Noise Study for the City of Eagan Prepared for City of Eagan Table of Contents 1.0 Introduction ................................................................................................................................................1-1 2.0 Noise Monitoring ....................................................................................................................................... 2-1 2.1 Measurements Overview ................................................................................................................ 2-1 2.2 Weather Conditions ........................:................................................................................................ 2-3 2.3 Hourly Equivalent Sound Level .................................................................................................... 2-4 2.4 Percentile-Exceeded Sound Level .................................................................................................. 2-5 2.5 Day-Night Average Sound Level .................................................................................................. 2-5 2.6 Comparison with MAC Monitors .................................................................................................. 2-7 3.0 Grid Point Analysis ................................................................................................................................... 3-1 3.1 Grid Points ...................................................................................................................................... .. 3-2 3.2 Sound Level Metrics ...................................................................................................................... .. 3-4 3.2.1 Maximum Sound Level (L~) ......................................................................................... .. 3-4 3.2.2 Sound Exposure Level (SEL) ........................................................................................... .. 3-4 3.2.3 Time Above (TA) ............................................................................................................... .. 3-5 3.2.4 Number-of-events Above (NA) ...................................................................................... .. 3-5 3.3 Day-Night Average Sound Level ................................................................................................ .. 3-5 3.4 Time Above ..................................................................................................................................... .. 3-7 3.5 Number-of-events Above ............................................................................................................. 3-10 4.0 Summary ..................................................................................................................................................... 4-1 Appendices Appendix A: Discussion of Noise and Its Effect On The Environment ........................................... A-1 Appendix B: Hourly Measured Sound Levels ...................................................................................... B-1 Appendix C: Complete Grid Point Results ...........................................................................................C-1 List of Figures Figure No. 2-1 Wyle Monitoring Locations ...................................................................................................................... 2-2 3-1 Grid Point Locations .................................................................................................................................. 3-2 3-2 DNL at Grid Points and Contours ........................................................................................................... 3-6 3-3 Time Above 65 dB ...................................................................................................................................... 3-9 3-4 Number-of-events Above 75 dB SEL .................................................................................................... 3-12 3-5 Number-of-events Above 65 dB L~ .................................................................................................... 3-13 Wyle Laboratories, Inc. ~.1~ WR 05-13 • August 2005 Noise Study for the City of Eagan Prepared for Cify of Eagan Table of Contents -concluded List of Tables Table No. 2-1 Noise Monitoring Locations ..................................................................................................................... 2-1 2-2 Weather Summary ................................................................................................................................... .. 2-4 2-3 Hourly Lea (dB) ......................................................................................................................................... .. 2-4 2-4 Average Daily Percentile-Exceeded Sound Levels (dB) ..................................................................... .. 2-5 2-5 Measured DNL (dB) ................................................................................................................................ .. 2-6 2-6 Difference in Hourly Average Sound Levels (dB) .............................................................................. .. 2-7 3-1 Grid Point Locations ................................................................................................................................ .. 3-3 3-2 DNL at Wyle Noise Monitors ................................................................................................................ .. 3-7 3-3 Time Above at Grid Points Located on DNL Contours ..................................................................... 3-10 3-4 Time Above at Selected Grid Points ...................................................................................................... 3-10 3-5 NA at Grid Points Located on DNL Contours .................................................................................... 3-14 3-6 NA at Selected Grid Points ..................................................................................................................... 3-14 Wyle Laboratories, Inc. (~(..e b WR 05-13 • August 2005 Noise Study for the City of Eagan Prepared for City of Eagan 1.0 Introduction The new north-south runway at Minneapolis-St. Paul International Airport (MSP), Runway 17/35, is projected to open in October, 2005. Runway 17/35 is predicted to handle 37% of all departures and 16.5% of all arrivals at MSP. All departing operations on Runway 17/35 will fly due south, and all arrival operations will fly due north. The City of Eagan is one of the jurisdictions over which the new runway flight corridor will pass. The west side of Eagan will experience a noticeable increase in environmental noise once the new corridor is in use. To address residents' concerns about aircraft noise, the City of Eagan has commissioned a study of existing and future noise levels. The first goal of this noise study was to provide the City of Eagan with a comprehensive description of the existing "baseline" noise environment throughout the City. Wyle measured noise levels at ten locations in the community for aseven-day period in June, 2005. The locations were mostly in areas where there are currently no nearby flight operations. Wyle also conducted noise measurements at the locations of some of the Metropolitan Airports Commission's (MAC) permanent noise monitors. The second goal was to more completely analyze the future noise impact of Runway 17/35 on the City of Eagan, using the Integrated Noise Model (INM) input data from the MSP Part 150 noise study. Fifty noise modeling "grid points" were identified jointly by City officials and Wyle. Wyle conducted a detailed analysis of noise exposure at these locations using the Day-Night Average Sound Level (DNL) metric, supplemented by metrics that focus on the noise impact of individual aircraft overflight events. This analysis will help the City of Eagan and the community better understand the expected future noise environment, in advance of the runway opening. Wyle analyzed the forecast quantity and duration of aircraft operations that exceed a range of selected sound level thresholds at the fifty grid points. Wyle Laboratories, Inc. 1-1 l(l WR 05-13 • August 2005 Noise Study for the City of Eagan Prepared for City of Eagan 2.0 Noise Monitoring Noise monitoring was conducted to measure the existing "baseline" noise environment in the absence of regular aircraft operations. Weather data were also obtained for the noise monitoring period. Various time-averaged sound levels were computed which describe the noise environment. In addition, some of the measured noise levels were compared to those reported by the permanent remote monitoring towers (RMT) operated by the Metropolitan Airports Commission (MAC). The noise monitoring program does have some limitations. It only describes the noise environment during this particular seven-day period. The seven day period was selected as a sample period representative of community noise levels. The measured sound levels do not represent the noise environment over the course of a year, and do not correlate with any yearly average sound levels. The noise monitoring program does not account for seasonal variations in air traffic volumes, community noise levels, or weather conditions. 2.1 Measurements Overview Ten sites were selected by City staff, with the assistance of Wyle. The sites were located at rear yards and schools. Continuous (24 hours per day) sound level measurements were performed at each site from Tuesday, June 14 through Monday, June 20, 2005. The sites mostly were located in neighborhoods on the western side of Eagan under the Runway 17/35 flight corridor. Sites 9 and 10 were located near existing flight corridors of runways 12L/30R and 12R/30L. Table 2-1 and Figure 2-1 present the ten noise monitoring locations. Figure 2-1 also shows the existing and new flight tracks. Once Runway 17/35 is in use, the existing tracks will be used less frequently, and the new flight tracks will be in use. Table 2-1. Noise Monitoring Locations Site Number Desa~l lion 1 2037 Fllnt Lane 2 Rahn Elements school 3 4265 Beaver Dam Road 4 4850 North safart Court 5 4730 Westminster Circle 6 1290 Wlldemess Curve 7 Deerwood Elements School 8 3730 Blackhawk Road 9 860 Basswood Lane 10 1490 McCarth Road Wyle Laboratories, Inc. 2-1 ~~~ N O O N Q I/i IA O C 3 G a a 0 W y 0 u a a a d N C O U r ,J N ~ C C _d ~ s"' t0 ~ Z a ~ v in N ° ~ =`E #` o :,~G m ~~ 8 .~ ~ m U ~ U ~ y, ~~ ~r c L. © g ~g~~a~g~ aye ~NgN ~ ~~°i^p c ~ pry ~ ~ t ~ pp i 6,geg}}~xr$ ~ o~ tw '® I I D~4d Y N N J C d O m O d ~. 3 ~~ WR 05-13 • August 2005 Noise Study for the City of Eagan Prepared for City of Eagan Sound level data were collected using Larson Davis Laboratories Model LD-820 and LD-824 integrating sound level meters equipped with half-inch microphones and windscreens. These instruments conform to the ANSI Type 1 specification, which is the highest level of precision for field measurement equipment. The operating range of the sound level meters is 25 dBA to 140 dBA, which is appropriate for use in airport environments, since all environmental noise falls within this range. The measured sound levels included all noise sources, such as aircraft, automotive traffic, lawnmowers, and construction equipment. One sound level meter was installed at each noise monitoring location and was programmed to measure the following information continuously every second: - One-second average A-weighted sound levels (also known as time histories); - Hourly equivalent (Le~, maximum (L~), and minimum (LII,;,,) A-weighted sound levels; - Hourly summaries of percentile-exceeded sound levels (Ln). An acoustical engineer was in the community between 8:00 AM and 6:00 PM to service the equipment and observe noise sources. Each noise monitor was serviced every day throughout the measurement period. Data were transferred from each monitor to a portable laptop computer for review and analysis. To ensure the meters were operating properly calibration was performed during each service visit using a Bruel & Kjaer Mode14231 acoustic calibrator. A calibration check that was within 1 decibel of the expected value is considered an acceptable level of precision within the scientific community. The internal clocks of the meters were synchronized to a Garmin handheld Global Positioning System. The sections that follow present sound level data in terms of time-averaged sound levels, including the hourly equivalent sound level (L,e~, percentile-exceeded sound levels (Ll, L10, L50, L90, L99), and the day-night average sound level (DNL). 2.2 Weather Conditions Weather conditions during a noise monitoring study can affect measured sound levels, and in extreme cases, may cause equipment malfunction. High winds can significantly affect the propagation of sound. A wind speed of 10 knots or more is generally considered to be a threshold for "high wind" during a noise monitoring program. ]n addition, thunderstorms create environmental noise which can mask other noise sources and also cause elevated average sound levels. The National Oceanic and Atmospheric Administration (NOAA) reported weather events as shown in Table 2-2. Table 2-2 presents the winds, temperature, humidity, and precipitation for each day of the monitoring period. Rain and winds above 10 knots were reported on June 14,15, 19, and 20. A thunderstorm on June 20 caused elevated outdoor noise levels at most noise monitors for a short period. Persistent rain caused equipment malfunctions at site 2 on June 14 and 15. Wyle Laboratories, Inc. 2-3 C.Q~Q -~ WR 05-13 • August 2005 Noise Study for the City of Eagan Prepared for City of Eagan Table 2-2. Weather Summary Mon Tua Wed Thu Fri Sat Sun Mon Weather Descri tion 13Jun 14-Jun 15-,lun 16-Jun 17-Jun 18,1un 19-Jun 20Jun Wind knots Avera e s ed 10 8 7 4 4 7 10 8 Av .direction E- S NW N N N- E SE S N- W Max. ust 46 24 28 23 21 17 23 58 Tem rature F Avera a 70 66 66 66 71 73 66 73 Hi h 83 73 75 80 83 87 88 85 Low 62 62 56 56 56 60 65 66 Humidi rcent Avera a 69 60 69 54 51 48 26 72 Preci itation inches Total 0.26 0.06 0.05 0.00 0.00 0.00 0.00 0.55 0400-0500 0200-0500 0000-0700 0900-1000 Rain Time of Event 100D-1300 11D0-1400 1300-1500 1745-2100 1900-2000 Wind Speed above T f E t 110D-2000 1400-1900 1030-1200 0900-1900 0900-1000 10 knots ime o ven 1300-1330 2.3 Hourly Equivalent Sound Level The equivalent sound level (Ley) is a cumulative noise metric. Leq is calculated to determine the steady-state noise level over a specified time period. The Ley metric provides a quantification of average noise exposure for a specific period. Ley is a well established metric to measure the impact of a series of events during a given time period. Ley is the average of a sum of all noise events over the specified time period and is, thus, a measure of the cumulative impact of noise. For example, the average of all noise events during the period of 7 a.m. to 4 p.m. provides the cumulative impact of noise events for a typical school day. The hourly Ley represents the average sound level of all measured noise levels, including all environmental noise sources, which occur over the course of each hour. Table 2-3 presents the range of hourly Ley measured at each noise monitor. Appendix B presents each hourly sound level measured during the monitoring period. Table 2-3. HouMy L~ (dB) Site Minimum Maximum 1 38.9 70.9 2 46.5 66.2 3 38.5 64.4 4 41.7 72.1 5 33.7 64.8 6 30.1 67.3 7 43.9 72.1 8 34.8 73.4 9 35.5 63.8 10 39.4 78.9 The range of measured Ley values shows the diversity of sound levels in the neighborhoods in Eagan. Lower values typically occurred during nighttime hours, while higher values occurred during daytime hours when the airport and the communities were more active. Wyle Laboratories, Inc. 2-4 ~° ~P WR 05-13 • August 2005 Noise Study for the City of Eagan Prepared for City of Eagan 2.4 Percentile-Exceeded Sound Level The Percentile-Exceeded Sound Levels L1, L10, L50, L90, and L99 are the A-weighted sound levels exceeded 1,10, 50, 90, and 99 percent of the time, respectively. The daily L1, L10, L50, L90, and L99 were calculated from the time histories measured by the sound level meters. The average daily statistical levels are shown in Table 2-4 for each noise monitoring site for each full day of data collection. Table 2-4. Average Daily Percentile-Exceeded Sound Levels (d6) SRe L1 L70 L50 L90 L99 1 64.8 53.8 47.6 42.6 40.0 2 62.9 56.6 52.3 48.8 45.2 3 63.1 54.3 48.9 44.4 41.2 4 66.8 58.3 50.2 43.0 39.2 5 62.0 52.2 45.2 37.1 33.3 6 64.2 52.1 45.0 37.1 33.4 7 64.6 59.6 54.5 48.1 44.9 8 62.4 53.7 47.7 41.6 38.3 9 64.6 54.4 45.7 39.2 37.0 70 69.7 58.7 49.6 43.7 40.8 The most commonly used of these statistical metrics is L90, which is used to represent the background sound level. At most of the sites the background sound levels were influenced by local activities such as automotive traffic, railroad traffic, and resident activities. The L1 and L99 can be used to represent the maximum and minimum sound levels, respectively. Since the L1 is the sound level exceeded only 1 percent of the time, it includes only infrequent loud noise events. For aone-hour interval the Ll is the sound level exceeded for only 36 seconds. The Ll is often more useful than the Maximum Sound Level (L~), because the L~ may represent an unusually loud noise event that occurred for a very short period of time, possibly only one second. The L99 is the sound level exceeded 99 percent of the time, which includes almost all measured noise. The L99 is usually equivalent to the minimum sound level (Ln,;I,). The L10 is the sound level exceeded 10 percent of the time; it represents the A-weighted sound level of typical noisy events. The L50 is the median sound level. During an average day, the measured sound levels are greater than the L50 half of the time, and less than the L50 half of the time. 2.5 Day-Night Average Sound Level The Day-Night Average Sound Level (DNL) is used for the evaluation of community noise and aircraft noise contributions, and is the metric adopted by the FAA for the evaluation of aircraft noise impact. The DNL is the energy-average of the sound levels at a location over a 24-hour period, with a 10-decibel penalty added to nighttime sound levels between 10:00 p.m. and 7:00 a.m. The penalty accounts for the added intrusiveness of sounds that occur during normal sleeping hours, both because of the increased sensitivity to noise during these hours and because ambient sound levels during nighttime are typically about 10 dB lower than during daytime. 'The DNL represents total average sound exposure during one day, and does not represent the sound Wyle Laboratories, inc. 2-5 ~~ WR 05-13 • August 2005 Noise Study for the City of Eagan Prepared for Cfty of Eagan level heard at any particular time. For example, a DNL of 65 dB could result from a few very noisy events or from a large number of quieter events. The overall measured DNL is due to all noise sources present at a noise monitoring location. The overall DNL is computed from the hourly average sound levels (I.e~ presented in Appendix B. Grey cells in the tables in Appendix B indicate hours during which the sound Ievel meters were being serviced; no hourly sound level data were measured during those times. In these cases, the DNL were calculated using the available 22 or 23 full hours of data. The noise monitoring program was conducted at locations where aircraft operations are predicted to increase with the operation of Runway 17/35. Sites 9 and 10 were located near existing flight paths, thus the overall DNL at those sites include some nearby aircraft overflights. The other eight sites were located in areas where there are currently no nearby arrival or departure flight paths, and therefore the overall DNL includes no significant aircraft noise events (some high-altitude overflights were observed at some of these sites, but the resulting noise levels were much lower than those of other nearby noise sources). Since the purpose of the noise monitoring program was only to measure the overall noise environment in the community, measured aircraft noise levels were not analyzed. Instead, the overall DNL in the community were calculated, including noise from aircraft, automotive traffic, lawnmowers, dogs, and other local noise sources at each site. The overall DNL for each day are presented in Table 2-5. For each site the logarithmically averaged DNL over the seven-day period are also presented. As described previously, persistent rain caused equipment malfunctions at site 2 on June 14 and 15. Some loss of data is unavoidable when measuring noise in an outdoor environment. These malfunctions were addressed as quickly as possible within the site visit schedule. Table 2-5. Measured DNL (dB) Tue Wed Thu Frl Sat Sun Mon Seven-Day site 14-Jun 15-Jun 16-Jun 17-Jun 18-Jun 19-Jun 20-Jun Avera 1 56.6 55.5 61.0 55.6 55.8 57.0 56.0 57.5 2 E ul mentMpi nclion 62.3 60.8 60.6 58.9 60.3 60.7 3 56.5 55.9 59.2 59.2 59.8 56.3 56.6 57.9 4 60.0 60.6 60.4 61.Z 60.7 60.1 58.8 60.3 5 53.7 54.1 54.5 53.5 55.1 53.1 56.0 54.4 6 53.8 53.8 53.2 51.7 53.5 52.7 56.6 53.9 7 62.8 64.4 64.7 65.3 57.7 56.1 62.3 62.9 B 61.0 55.1 56.7 55.5 55.9 54.2 56.4 57.0 9 54.0 53.5 57.8 58.2 55.8 54.8 56.2 56.1 10 66.5 58.7 58.3 59.5 62.7 57.4 60.3 61.7 The DNL at most sites fluctuated by only a few decibels from day to day. Persistent rain and high winds on June 14 contributed to the DNL at sites 8 and 10, which was several decibels above the seven-day average DNL. The DNL at site 7 was lower during the weekend, due to the lower amount of highway traffic on those days (a noticeable amount of highway traffic noise was observed on the weekdays, especially during rush hour; Iess traffic noise was observed during the weekend). Construction noise was observed at site 4 on some days, and measurement data shows some noisy events which increased the measured DNL. Wyle Laboratories, Inc. 2-6 W~~ WR 05-13 • August 2005 Noise Study for the City of Eagan Prepared for City of Eagan 2.6 Comparison with MAC Monitors One goal of the noise monitoring program was to compare noise levels measured using Wyle equipment to those reported by the permanent remote monitoring towers (RMT) installed by the Metropolitan Airports Commission. Two permanent monitors, RMT 38 and RMT 39, were selected by the Wyle field engineer for this comparison. These sites are located in the City of Eagan, and were secure and easy to access. An LD-820 portable noise monitor was located at RMT 39 from June 16 at 12:00 PM until June 18 at 9:00 AM, and at RMT 38 from June 18 at 12:00 PM until June 19 at 8:00 AM. The Wyle microphone was installed on an extendable pole at the same height as the RMT microphone. All RMT report overall average noise levels every hour. Therefore, the analysis consisted of a comparison of Wyle- and RMT-measured hourly Leq and percentile-exceeded sound levels. Table 2-6 presents the results of the comparison for both RMT, showing the difference in hourly Leq, L10, L33, L50, and L90 in A-weighted decibels. The hourly difference is defined as the RMT measured sound level minus the Wyle measured sound level. The negative sign indicates the Wyle-measured sound levels were consistently slightly higher than the RMT. Table 2-6 also presents the standard deviation of the difference, and the minimum and maximum hourly difference. Table 2-6. Difference in Hourly Average Sound Levels (dB) Difference at RMT 39 IdB) L~ L10 L33 L50 L90 Avera a -1.1 -1.1 -1.1 -1.1 -1.1 std. Deviation 0.3 0.3 0.3 0.3 0.3 Maximum -0.6 -0.5 -0.8 -0.7 -0.8 Minimum -1.6 -1 .8 -1.7 -1.7 -1.8 Difference at RMT 38 (d B) L L70 L33 L50 L90 Avera a -0.7 -0.8 -0.7 -0.6 -0.6 Std. Deviation 0.3 0.4 0.2 0.1 0.1 Maximum -0.6 -0.5 -0.5 -0.5 -0.5 Minimum -2.0 -2.4 -1.2 -1.0 -0.8 The differences in sound levels between these RMT and the Wyle monitor are within an acceptable range, considering the tolerance of the operating characteristics of the Wyle monitor and the calibrator used to check the monitor. The average difference in Leq of 0.7 to 1.1 dB is relatively small (especially in an outdoor environment), and is far less than the smallest difference an average human observer could discern. Therefore, the comparison analysis shows that these two RMT were measuring environmental noise accurately at these times. Wyle Laboratories, Inc. 2-7 C0~-J WR 05-13 • August 2005 Noise Study for the City of Eagan Prepared for City of Eagan 3.0 Grid Point Analysis The goal of the grid point analysis was to more completely analyze the future noise impact of Runway 17/35 on the City of Eagan. A detailed breakdown of noise exposure was conducted throughout the study area using DNL, which is the metric adopted by the FAA for long-term planning purposes. In addition, Time Above and Number-of-Events Above metrics, which are described below, were used to provide a more detailed analysis of noise impact. Aircraft noise modeling software was used to investigate the fifty representative "grid point" locations identified jointly by City officials and Wyle. Wyle analyzed the forecast quantity and duration of aircraft operations which exceed selected sound level thresholds at the grid points. The grid point analysis included the entire City of Eagan, most of which lies outside of the 65 dB and 60 dB DNL contours. The input data for this analysis was provided by the Airport Noise Office, and is the same INM input data used to produce the average annual day noise contours in the recent Part 150 Study. Wyle specifically used the INM input data that produced the 2007 DNL contours, which incorporates all the noise abatement measures proposed in the Part 150 Study. It is important to note that the actual noise exposure experienced at any given point in the City of Eagan after the runway opens will differ on a daily basis from the predicted 2007 annual average day exposure. Actual daily noise exposure usually varies considerably from the modeled annual average day because the INM is primarily used to simulate the long-term noise environment (i.e., on an annual average day basis), not daily fluctuations in the noise exposure due to changing runway usage/configurations at the airport, which are driven by wind direction and speed. Aircraft noise models are mathematical representations of the real-world noise environment and there will always be limitations to computer modeling. The grid point analysis in this report was performed with the INM, which is the standard U.S. noise model used to predict the long-term average noise exposure around airports. INM modeling relies on the average fleet mix of aircraft, modeled on average ground tracks, average altitude flight profiles (departures and arrivals), and average aircraft performance characteristics, using average atmospheric conditions. In the development of annual DNL contours, a years worth of airport and aircraft operation statistics is reduced to an average daily set of numbers. This data is then input into the INM model to generate a set of DNL noise exposure contours based on the average daily numbers. As such, throughout a given year the numbers on a given day usually fluctuate above or below the average numbers used in modeling process. The development and refinement of INM by the FAA over time has focused primarily on producing the most accurate possible DNL contours, and it is rare that an airport noise study shows noise contours beyond DNL 55 dB. While the FAA has not published information on the accuracy of the algorithms, the variations between modeled and actual noise exposure increases at greater distances from an airport (i.e., the distances between the aircraft and the measurement points are greater). One of the main variables is atmospheric conditions, and INM cannot fully accommodate all of the variations in wind, temperature, and barometric pressure that occur with each individual operation. Another major variable is that flight tracks are more widely dispersed Wyle Laboratories, Inc. 3-1 ~~k WR 05-13 • August 2005 Noise Study for the City of Eagan Prepared for City of Eagan at greater distances from the airport. MSP specifically addressed this variable on page 4-11 of their November 2004 Part 150 Noise Compatibility Study Update, with respect to the INM flight tracks beyond the 60 DNL contour, stating: "Due to the complex and increased dispersion of aircraft flight tracks beyond the immediate vicinity of MSP, modeled arrival and departure flight tracks are only intended to be representative of actual operations extending up to the 60 DNL contour. Deviation from typical flight tracks will occur due to safety requirements, emergencies, weather, traffic demands, capacity needs, and aircraft performance." Further, the assumptions about the 2007 annual average day operations, while based on the best available data at the time the prediction was made many months ago during the Part 150 study, most likely will differ somewhat from actual conditions in 2007. Despite these modeling limitations, this report provides the citizens of Eagan a reasonably good indicator of whether their neighborhoods are going to experience many daily overflights or only a few, and it also indicates relatively how many of those overflights will be at the higher noise levels. 3.1 Grid Points A grid point is a specific location where noise analysis is conducted. For this study, three types of grid points were defined. Twenty-five (25) grid points were selected by the City of Eagan staff with assistance from Wyle. These points were chosen to represent the majority of the neighborhoods throughout the City, regardless of proximity to the airport. These grid points were located at residences and schools. An additional seven (7) grid points located on the 65 dB and 60 dB DNL contours were selected by Wyle. All noise monitors located in Eagan were also included as grid points, including the ten (10) Wyle noise monitors and eight (8) permanent RMT. Figure 3-1 and Table 3-1 present all fifty (50) modeled grid points. Figure 3-1 also presents the existing MSP flight tracks and the new Runway 17/35 flight tracks. Table 3-1 presents the addresses and descriptions of the grid point locations. Wyle Laboratories, Inc. 3-2 (~G L lY~ WR 05-13 • August 2005 Noise Study for the City of Eagan Prepared for Clfy of Eagan Table 3-1. Grid Point Locations Wyle Laboratories, Inc. GRID POINT TYPE DESCRIPTION 1 W le Monitor 2037 Flint Lane 2 to Monitor Rahn Eiementa School 3 W le Monitor 4265 Beaver Dam Road 4 W Ie Monitor 4850 North Safari Court 5 le Monitor 4730 Westminster Circle 6 le Monitor 1290 Wilderness Curve 7 le Monitor Deerwood Elements School 8 W le Monitor 3730 Bladdtawk Road 9 le Monitor 860 Basswood Lane 10 le Monitor 1490 McCarth Road 11 Grid Point Tesserad:School 12 Grid Point Metcalf Junior HI 13 Grid Point Hidco 8 Walnut Lane 14 RMT MAC Permanent Monitor #14 15 Grid Point Tur noise Trail ff Pumice Lane 16 RMT MAC Permanent Monitor #16 17 Grid Pofnt 1632 Oakbrooke Drive 18 Grid Point Thomas Lake Elements 19 Grid Point Wilderness Run Road i3 Wed ewood Drive 20 Grid Point Blueber Lane 9 Ber Rid a Road 21 Grid Point Lakeview Trail 8 Padflc Avenue 22 Grid Point Glader Hills Elements 23 Grid Point Ea n Senior HI School 24 RMT MAC Permanent Monitor #24 25 RMT MAC Permanent Monitor #25 26 Grfd Point Kettle Creek Road 8 Stanwix Road 27 Grid Point Wescott Road 8 Elrene Road 28 Grid Point Duckwood Drive >} Wld eon Wa 29 Grid Point Faithful She herd Catholic School 30 Grld Point 510 Rollin Hills Cirde 31 Grid Point Lenore Lane 8 Karts Wa 32 Grid Point S Ine Drive & s line Road 33 Grid Point Hanover Court & Coven P 34 Grid Point Falrwa Hills Drive 8 Andrew Street 35 RMT MAC Permanent Monitor #35 36 Grid Point On 65 dB DNL Contour 37 RMT MAC Permanent Monitor #37 38 RMT MAC Permanent Monitor #38 39 RMT MAC Permanent Monitor #39 40 Grid Point On 60 d6 DNL Contour 41 Grid Point On 60 d6 DNL Contour 42 Grid Point On 60 dB DNL Contour 43 Grid Point Coral Lane >} Moonstone Drive 44 Grfd Point Riverton Avenue ff Palisade Wa 45 Grid Point Pinewood Elements 46 Grid Point Red Plne Elements 47 Grid Point Travelers Trail 8-Slater Road 48 Grid Point On 65 d6 DNL Contour 49 Grld Point On 65 d6 DNL Contour 50 Grid Point On 60 dB DNL Contour 3-4 l~ WR 05-13 • August 2005 Noise Study for the City of Eagan Prepared for Cify of Eagan 3.2 Sound Level Metrics The sound level metrics used for the grid point analysis focus on the noise exposure of single aircraft events. These metrics contrast with those used in Section 2, which are time-averaged overall sound levels, which include all sources of noise. Since the INM only computes aircraft noise, the DNL contours and grid points presented throughout this section are caused by aircraft noise only. The DNL contours are the same ones used in the MSP Part 150 study; since most of the grid points lie outside the DNL contours, this analysis shows the aircraft DNL throughout the City at levels below 60 dB DNL. The metrics used to analyze single aircraft noise events are Maximum Sound Level, Sound Exposure Level, TA, and NA. Appendix A provides a complete description of all noise metrics. Below is a summary of the single-event metrics used for the grid point analysis. 3.2.1 Maximum Sound Level (Lmax1 The highest A-weighted sound level measured during a single event in which the sound level changes value with time is called the maximum A-weighted sound level or maximum sound level (Lu,ax)• During an aircraft overflight, the noise level starts at the ambient or background noise level, rises to the maximum level as the aircraft flies closest to the observer, and returns to the background level as the aircraft recedes into the distance. The maximum sound level indicates the maximum sound level occurring for a fraction of a second. Although it provides some measure of the intrusiveness of the event, it does not completely describe the total event, because it does not include the period of time that the sound is heard. 3.2.2 Sound Exposure Level (SEL) Sound exposure level (SEL) is a composite metric that represents both the intensity of a sound and its duration. Individual time-varying noise events (e.g., aircraft overflights) have two main characteristics: asound level that changes throughout the event and a period of time during which the event is heard. SEL provides a measure of the net impact of the entire acoustic event, but it does not directly represent the sound level heard at any given time. During an aircraft flyover, SEL would include both the maximum noise level and the lower noise levels produced during onset and recess periods of the overflight. SEL is a logarithmic measure of the total acoustic energy transmitted to the listener during the event. Mathematically, it represents the sound level of a constant sound that would, in one second, generate the same acoustic energy as the actual time-varying noise event. For sound from aircraft overflights, which typically lasts more than one second, the SEL is usually greater than the La,ax because an individual overflight takes seconds and the Lg,ax occurs instantaneously. SEL is the best metric to compare noise levels from overflights. Wyle Laboratories, Inc. 3-5 ~~~ WR 05-13 • August 2005 Noise Study for the City of Eagan Prepared for City of Eagan 3.2.3 Time Above (TA) The TA metric expresses the amount of time that aircraft noise levels are greater than a given sound level threshold. The TA metric is calculated by the INM. For a given point, the amount of time each aircraft operation generates noise above the threshold level is summed. The TA is not a sound level; instead, it is expressed in minutes, with an accuracy of 0.1 minutes. The sound level threshold is expressed in decibels. The TA is a useful descriptor of the noise impact of an individual event, or for many events occurring over a certain time period. When computed for a full day, the TA can be compared to the DNL in order to determine the sound levels and durations of event that contribute to the DNL. 3.2.4 Number-of-events Above (NA) The NA metric describes the quantity of modeled aircraft operations which generate sound levels exceeding a given threshold. The threshold can be expressed as SEL or Lam. The numbers of events above a given SEL or L~ at a given site are counted, and can be summed over a full day. The NA metric is computed by proprietary Wyle software which uses the INM database and extracts the NA data at specific grid points. The NA metric, in conjunction with the TA, can be used to describe the impact of many noise events over a given period of time, providing more details than the DNL alone. 3.3 Day-Night Average Sound Level The DNL metric, as discussed previously in Section 2, is the energy-average of the sound levels at a location over a 24-hour period, with a 10-decibel penalty added to nighttime sound levels between 10:00 p.m. and 7:00 a.m. The DNL represents total average sound exposure during one day, and does not represent the sound level heard at any particular time. The INM was used to compute the DNL from aircraft noise only at every grid point. Figure 3-2 presents the aircraft DNL at every grid point and the 65 dB and 60 dB DNL contours. Note that some grid points were purposely located along the DNL contours, specifically to show the how many events at various threshold levels it takes to average out to DNL 60 or 65 dB. Appendix C contains a detailed table presenting the DNL at all grid points. Wyle Laboratories, Inc. 3-6 ~~ ~ C 40 A W O T u v e N 2 0 0 N a N y0 C 01 v W O V 1 v c m la Z' ~ a c%) ~ ~°o~o~n ; ~ ~ ~g oo. ~~. ~ a ~, ~ , ~ c v v `~ m a~F ~. 11 ~ C ~ Z a ~$ ahr~3 i ww,~wp) ~~~ n M J c s m WR 05-13 • August 2005 Noise Study for the City of Eagan Prepared for City of Eagan Table 3-2 presents the aircraft DNL at the Wyle noise monitoring sites. Note that while the measured overall DNL presented in Section 2 represents only a specific period of time, the INM computed DNL is based on the annual average day of aircraft operations. For example, the measured overall DNL at grid point 4 is 60.3 dB (as shown in Table 2-5). This DNL is calculated from all measured sources of noise present during the one-week noise monitoring program. However, the predicted aircraft DNL at grid point 4 is 54 dB (as shown in Table 3-2 and Figure 3-2). This DNL, which happens to be lower, is calculated by the INM and includes aircraft noise only. An analysis of existing aircraft noise levels is not included in the study. However, since grid point 4 is located on the centerline of Runway 17/35, there will be more aircraft operations near this site when that runway is in use. The predicted aircraft DNL of 54 dB includes future (year 2007) aircraft operations; therefore, the current aircraft DNL must be less than 54 dB. The measured overall DNL of 60.3 dB was caused mostly by noise sources other than aircraft. The airport is currently including in their monthly noise report the community DNL at monitors 30- 39, which were installed to collect noise data related to the new runway. After the runway opens, the monthly report for these sites will report the DNL from aircraft only, and the aircraft DNL levels at most if not all of these sites will total less than the community DNL levels recorded prior to the opening of the runway. However, the combined community and aircraft DNL will be greater than the community DNL alone. Table 3-2. DNL at Wyle Noise Monitors Grid Point Airvaft DNL (d6) 1 55.6 2 55.2 3 53.6 4 54.0 5 50.1 6 49.3 7 49.9 8 52.6 9 52.3 10 56.1 3.4 Time Above The TA at each grid point was output by the INM. The TA, expressed in minutes, was computed for the following sound level thresholds: 55, 60, 65, 70, 75, 80, and 85 dB. These thresholds were selected to begin at a relatively low sound level, and increase until the TA was equal to zero at most sites. Appendix C-2 presents the TA at all sites for all threshold levels. This table is cumulative; the Time Above at higher thresholds is included in the Time Above at lower thresholds. For example, at grid point 1, the Time Above 75 dB is one minute. This one minute is also included in the Time Above 55 dB, 60 dB, 65 dB, and 70 dB. Wyle Laboratories, Inc. 3-8 ~-1t WR 05-13 • August 2005 Noise Study for the City of Eagan Prepared for City of Eagan Figure 3-3 presents the TA at all sites for a threshold of 65 dB, and uses a color scale to indicate the TA ranges. The 65 dB threshold was chosen arbitrarily to illustrate the variation of TA throughout the grid points. At sound levels above 65 dB, outdoor speech interference can become an issue. The TA is lower at points farther from the airport, and also varies depending on the locations of flight tracks relative to each grid point. TA is greater under the flight tracks, and lower farther away from the flight tracks (refer to Figure 3-1 for flight tracks). The TA for other sound level thresholds follow this same general pattern, as shown in Appendix C, but with different ranges in value across the grid points. For example, the maximum and minimum TA 55 dB are 292.1 and 19.3 minutes, respectively, while the maximum and minimum TA 80 dB are 3.8 and 0 minutes, respectively. One use of Time Above is to compare the TA at grid points along the DNL contours to the TA at other points. The TA at the DNL contours provides a breakdown of the noise events resulting in a DNL of 65 dB or 60 dB. This can be used as a comparison for other points. Iii other words, the DNL along the contours are caused by operations with a certain total TA; this TA can be compared to the TA at other points to quantify the difference in noise impact. Likewise, TA can be compared between any set of points as a way to rank the noise impacts at those points. Table 3-3 presents the TA at several thresholds for the grid points located along the contours. This table is cumulative; the Time Above at higher thresholds is included in the Time Above at lower thresholds. Note that for a given threshold, the 65 dB DNL grid points have consistently higher TA than the 60 dB DNL points. This shows that the DNL is greater when sound levels are above a threshold for a longer time. In addition, the difference of the TA at 65 dB DNL and 60 dB DNL at the lower thresholds is smaller than the difference in TA for higher thresholds, meaning that louder events which are also longer contribute to a higher DNL. This is related to proximity to the airport, where aircraft are flying at lower altitudes and lower speeds, creating louder, longer events. Wyle Laboratories, Inc. 3-9 ~~ C G m m m W O { V Y ~' al a ; d o Z! 0 N3 OD a m .n 0 3 e a a 0 0 _~ V 1 v ~a a ~„ ~ M ~ c+~ p C a ~ z4 ~ W p ? ~ m 'a C ~ ~ von ~+ W w' o °a °m °m 2E~ 3~ ~e ~~~p~~ m 3 ~ _ c m~ ~ _ 8 j ~ ~ p~ p q~ O N ~.~ ~ ~ ~ ~. ~~~ i~ 5 ~x~ CI Q L C7 K J `1 U ~ E ~E~r^ ° ~ ~ i°g~~ L. ~ ~ ~Q , 0 m C O m `o a a T 3 ~.i~ `~ WR 05-13 • August 2005 Noise Study for the City of Eagan Prepared for Cfty of Eagan Table 3-3. Time Above at Grid Points Located on DNL Contours Time Above dB Threshold (Minutes) Grid Point DNL (dB) SSdB 60d6 65d6 70d6 75d6 80dB 85d6 40 60 155.1 75.6 35.5 1.0.9 3.2 1.0 0.2 41 60 200.8 104.3 45.6 13.4 1.9 0.2 0.0 42 60 204.2 105.9 49.2 15.7 1.3 0.1 0.0 50 60 170.9 94.9 48.7 18.5 3.9 0.4 0.0 36 65 253.5 139.4 82.5 44.4 18.1 3.1 0.2 48 65 234.6 131.0 87.0 44.2 18.5 3.8 0.2 49 65 253.2 169.8 98.3 50.2 18.5 3.6 0.3 Table 3-4 presents the TA at several thresholds for several grid points, to provide a quick comparison to the DNL contour grid points. This table is cumulative; the Time Above at higher thresholds is included in the Time Above at lower thresholds. For example, the TA 70 dB for the points along the 60 dB DNL contour vary from 10.9 to 18.5 minutes. At point 29, where the DNL is slightly lower (57 dB), the TA 70 dB is much lower (4.4 minutes). While the DNL metric does not show much change in sound level, the TA metric show a more dramatic reduction in noise exposure. These points can also be compared to one another. For example, at grid point 19, the Time Above 60 dB is 6.9 minutes, as compared to point 30, where the Time Above 70 dB is nearly the same (7.8 minutes). This provides a more detailed explanation of the difference in DNL at these two points (49 dB at point 19, compared to 60 dB at point 30). Table 3-4. Time Above at Selected Grid Points i Time Above dB Threshold (Minutes) Grid Point DESCRIPT1GtV DNL (d6) SSd6 60dB 65dB 7odB 75dB 80dB BSdB 12 Metcalf Junior HI 58 145.0 80.1 34.0 7.4 1.3 0.2 0.0 13 Hicko 8 Walnut Lane 51 29.8 12.4 4.2 1.1 0.3 0.0 0.0 15 Tur noise Trail B Pumice Lane 54 55.9 22.7 8.7 2.4 0.6 0.1 0.0 17 1632 Oakbrooke Drive 51 27.0 11.4 4.1 1.0 0.3 0.0 0.0 18 Thomas Lake Elements 50 24.3 9.6 3.4 0.9 0.2 0.0 0.0 19 Wilderness Run Road 8 Wed ewood Drive 49 19.5 6.9 2.2 0.7 0.2 0.0 0.0 29 Faithful She herd Cathotlc School 57 109.8 45.8 17.0 4.4 1.0 0.1 0.0 30 510 Rollin Hills Circle 60 209.0 109.9 39.5 7.8 1.4 0.2 0.0 43 Coral Lane & Moonstohe Orlve 56 95.6 42.2 12.4 3.3 0.9 0.1 0.0 3.5 Number-of-events Above The NA metric was computed at each grid point for the following SEL and Lnax: 55, 60, 65, 70, 75, 80, 85, 90, and 95 dB. These thresholds were selected to begin at a relatively low single-event sound level, and increase until the NA was equal to zero at most sites. Appendix C-3 and C-4 present the NA at all sites for all threshold levels (SEL and L~ are presented separately). These tables are cumulative; the NA at higher thresholds is included in the NA at lower thresholds. For example, in Table C-3, at grid point 1, the NA 80 dB L~ is 2 events. These 2 events are also included in the NA 55 dB, 60 dB, 65 dB, 70 dB, and 75 dB Lam. The NA 55 dB is approximately equal to the total number of events at a given grid point, since all audible aircraft events are likely to have an L~ above 55 dB. Note that some grid points are located near Wyle Laboratories, Inc. 3-11 ~`~ WR 05-13 • August 2005 Noise Study for the City of Eagan Prepared for Clty of Eagan flight tracks from Runway 12L/30R and 12R/30L, as well as Runway 17/35. The NA reflects all of these operations. Figure 3-4 presents the NA at all sites for a threshold of 75 dB SEL, and uses a color scale to indicate the NA ranges. The 75 dB SEL threshold was chosen arbitrarily to illustrate the variation of NA throughout the grid points. Figure 3-5 presents the NA at all sites for a threshold of 65 dB LII,~, and uses a color scale to indicate the NA ranges. The 65 dB L~ threshold was chosen arbitrazily to illustrate the variation of NA throughout the grid points. At sound levels above 65 dB, outdoor speech interference can become an issue. Also, for a given aircraft flyover event, the SEL is often approximately 10 dB greater than the Lam. Therefore, the L~ threshold level for Figure 3-5 was chosen to be 10 dB less than the SEL threshold used in Figure 3-4. Note that the ranges from minimum to maximum NA for both figures are somewhat similaz. The NA is lower at points farther from the airport, and also varies depending on the locations of flight tracks relative to each grid point. NA is greater under the flight tracks, and lower farther away from the flight tracks (refer to Figure 3-1 for flight tracks). The NA for other sound level thresholds follow this same general pattern, as shown in Appendix C, but with different ranges in value across the grid points. One use of NA is to compare the NA at grid points along the DNL contours to the NA at other points. The NA at the DNL contours provides a breakdown of the noise events resulting in a DNL of 65 dB or 60 dB. This can be used as a comparison for other points. In other words, the DNL along the contours are caused by a certain number of events; this NA can be compared to the NA at other points to quantify the difference in noise impact. Likewise, NA can be compared between any set of points as a way to rank the noise impacts at those points. Wyle Laboratories, Inc. 3-12 ~~ C ~ N O ~ b N W W O O ~ T r V u V .i. b ~ d T v v a N N Z' 0 N ~:, 0 3 ~.~ ~~ ~ ~ ~ k ~f~ ~ W ~ m ~ ~ c ~ O G t p a m ~ ~ g ~ ~ + ~~j€~~ ~ O LSI ~ F ~ {(~ ~J ~ C jJ O a O ~ N Mat ~ y~ 1 ~ Tdds ~ ~ Il C7 p ~ ~J y ~ ~+ r ,q~L~ W ~~~ 7 p#[~ ~. !~ ~xs~ . ~ p ? yy s z a ~ ~~ ~ ~ ~ Z ~~~s~~~ I ~~ i ~.Y M m L s 0 9 d A 00 A W T u d w T v N N Z c a Oi O W O _~ u 0 1 v O a 0 0 N Q m N O 3 c'^ ~ ~ g g ((~ ~ J _ A~ m C pp N S E•) ~g i ~p ~ 1A N l7 ~ y i ~ W ~ ~_ 8 ~ C N mm ~ _ ~ ~ i ~~4 ~$T~ .~- 7,j ~ ~~ o ,~ w W c~ m vs r v~ ~, ~ Y b pp .yg ~}'`~a. R Z ~ LYE S~ ~~ a M c C O O 3 ~-L~~ dv-F~N'1 WR 05-13 • August 2005 Noise Study for the City of Eagan Prepared for Clty of Eagan Table 3-5 presents the NA at several Lma,~ thresholds for the grid points located along the contours. This table is cumulative; the NA at higher thresholds is included in the NA at lower thresholds. Note that in most cases, the 65 dB DNL grid points have consistently higher NA than the 60 dB DNL points. A comparison of grid points 40 and 41 reveals that, although both points have a DNL of 60 dB, the DNL at point 40 is due to fewer events (for example, 62 events versus 119 events above 70 dB Lam). However, point 40 has more events at the higher thresholds, meaning that the DNL is composed of fewer but louder events than at point 41. Tabie 3-5. NA at Grid Points Located on DNL Contours ~ Number of Events above 1,,,,,x Grid Point DNL (dBl 60dB 65dB 70dB 75d6 80dB 85dB 90d6 40 60 183 123 62 22 10 3 0 41 60 342 236 119 23 3 0 0 42 60 369 268 126 16 2 0 0 50 60 282 227 135 56 9 0 0 36 65 399 328 273 162 58 4 0 48 65 355 305 261 157 65 6 0 49 65 395 361 297 164 43 5 1 A comparison of point 40 to the points with a DNL of 65 dB shows that they have similar numbers of events above the 85 dB L~ threshold, but about many more events at the lower thresholds. Therefore, the points at 65 dB DNL have a higher DNL because they have a greater number of quieter events. Table 3-6 presents the NA at several thresholds the same sample of grid points discussed in the TA section. This table is cumulative; the NA at higher thresholds is included in the NA at lower thresholds. For example, point 29, which has a DNL of 57 dB, has only 30 events above 70 dB Lam. Of those 30 events, l4 events are also above 75 dB LII,aX, and 1 event is also above 80 dB LII,~c. When compared to points at 60 dB DNL, which have as many as 135 such events, it is clear that while the DNL is only 3 dB lower at point 29, the NA metric reveals a large difference in noise impact. In addition, the Time Above 70 dB at point 29 is 4.4 minutes (as shown in Table 3-4). Therefore, the 30 events with an Ln,aX above 70 dB are louder than 70 dB for a total of 4.4 minutes. Table 3-6. NA at Selected Grid Points Number of Events above L,,,, Grid Point DESGRBrTION DNL (dB) 60dB 65d6 70dB 75dB 80dB 85d6 90DB 12 MetcalfJUnlorHl SB 267 184 76 15 3 0 0 13 Hidco 8 Walnut Lane 51 48 25 9 4 O o 0 15 Tur uolse Trail 8 Pumice Lane 54 78 47 19 6 1 0 0 17 1632 Oaktxooke Drive 51 44 23 8 3 1 0 0 18 Thomas Lake Elements 50 37 19 6 2 0 0 0 19 Wilderness Run Road 8 Wed ewood Drive 49 28 12 5 Z 0 0 0 29 FalthfUlShe herdCatho11c5chool 57 158 85 30 14 1 0 0 30 51 O Rollin Hills Clyde 60 394 223 68 18 2 0 0 43 Coral Lane 8 Moonstone Drive 56 166 71 26 9 2 0 0 Wyle Laboratories, Inc. 3-i 5 ~(e~r WR 05-13 • August 2005 Noise Study for the City of Eagan Prepared for City of Eagan 4.0 Summary As envisioned in the Statement of Work for this project, both the existing and future (forecast 2007) noise environments have been thoroughly analyzed and quantified. The City of Eagan now has a comprehensive database of noise levels measured at specific locations before the opening of Runway 17/35. This information, along with the predicted aircraft noise levels modeled at these and a number of additional locations, enables the City of Eagan to provide citizens with detailed noise exposure information in advance of the runway opening. Never before has a community compiled a detailed database that not only provides the projected average DNL at many specific points throughout the community, but also a breakdown of that average noise exposure into the Number-of-Events Above and the Time Above the full range of thresholds that comprise the average noise exposure. A citizen can look at the data for the grid point nearest to their home and find out how many times they will hear airplanes each day and how loud those operations are predicted to be. Some residents of the City of Eagan are going to experience an abrupt change from no aircraft overflights to tens or hundreds per day. No amount of data is going to totally prepare every citizen for this change in the noise environment. However, the citizens of Eagan will be very well informed in advance of the rapid change in the noise environment. After the runway opens, further measurements and analysis can be conducted. Noise measurements can be collected at the same monitoring sites and compared to the levels measured prior to the opening of the runway to quantify the actual change in noise levels due to Runway 17/35 operations. Additional noise modeling can be performed to compare the noise exposure from the actual operations with the levels predicted in the recently completed Part 150 Noise Compatibility Study. As stated in Section 3 above, it is important to note that the actual noise exposure experienced at any given point in the City of Eagan after the runway opens will differ on a daily basis from the predicted 2007 annual average day exposure. Actual daily noise exposure usually varies considerably from the modeled annual average day because the INM is primarily used to simulate the long-term noise environment (i.e., on an annual average day basis), not daily fluctuations in the noise exposure due to changing atmospheric conditions and runway usage/configurations at the airport. In addition, aircraft noise models are mathematical representations of the real-world noise environment and there will always be limitations to computer modeling. The grid point analysis in this report was performed with the INM, which relies on the average fleet mix of aircraft, modeled on average ground tracks, average altitude flight profiles (departures and arrivals), and average aircraft performance characteristics, using average atmospheric conditions. In the development of annual DNL contours, a years worth of airport and aircraft operation statistics is reduced to an average daily set of numbers. This data is then input into the INM model to generate a set of DNL noise exposure contours based on the average daily numbers. As such, throughout a given year the numbers on a given day fluctuate above or below the average numbers used in modeling process. Further, the assumptions about the 2007 annual average day operations, while based on the best available data at the time the prediction was made many Wyle Laboratories, Inc. 4-1 I~bz WR OS-13 • August 2005 Noise Study for the City of Eagan Prepared for City of Eagan months ago during the Part 150 study, most likely will differ somewhat from actual conditions in 2007. Despite these modeling limitations, this report provides the citizens of Eagan a reasonably good indicator of whether their neighborhoods are going to experience many daily overflights or only a few, and it also indicates relatively how many of those overflights will be at the higher noise levels. Wyle Laboratories, Inc. 4-2 C.~ Qq City of Evan Nano To: HONORABLE MAYOR & COUNCILMEMBERS From: CITY ADMINISTRATOR HEDGES Date: AUGUST 12, 2005 Subject: AGENDA INFORMATION FOR AUGUST 16, 2005 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the August 16, 2005 City Council agenda, the following items are in order for consideration. Agenda Information Memo August 16, 2005 City Council Meeting RECOGNITIONS AND PRESENTATIONS A. RECEIVE Award of Excellence from Minnesota Recreation and Parks Association for the 2004 project; Passport to Play ACTION TO BE CONSIDERED: To accept the Award of Excellence from the Minnesota Recreation and Parks Association. FACTS: • In early June the City of Eagan was notified that they had been selected to receive an Award of Excellence from the Minnesota Recreation and Parks Association. • The award is in recognition of a project completed in 2004 and will be presented by a representative of the MRPA Awards Committee. • The award is being presented for a project that was the result of joint collaboration between the cities of I~Tew Brighton, Woodbury, Edina and Eagan. • The Passport to Play is a joint marketing effort to encourage participation in each of the city's indoor play areas and has enjoyed very successful results. ATTACHMENTS: None Agenda Information Memo August 16, 2005 Eagan City Council Meeting B. CLARIFICATION OF LANDSCAPE PLAN -CITY OF EAGAN ACTION TO BE CONSIDERED: There is no action to be taken. FACTS: - At the July 5, 2005 Listening Session, the City Council directed mailed notices sent to neighbors and a clarification of the Landscape Plan be presented at the regular Council meeting of July 19. Subsequent to the 19th, it was discovered that a mix up occurred in Planning and notices were not mailed to alert the neighbors. - While there is no action to be taken on this item, questions have been raised by a neighboring property owner regarding the design and landscaping of the Hawthorne Ridge retail development at the northwest intersection of Hwy 3 and Diffley Road. - Following the City Council determining no public purpose for the approximately 12 acre parcel acquired as part of the Diffley Road upgrade, staff was directed to initiate a rezoning to Neighborhood Business (NB). - Adjacent neighbors opposed the disposal and rezoning of the property. The City Council responded by directing the City Attorney to prepare covenants that would prohibit the NB uses determined to be "objectionable". The City Attorney prepared the Covenants and the Council approved the rezoning and the covenants at their next meeting. - The City ultimately sold the property to Excel Development and construction began earlier this year. A neighboring property owner contacted staff with a number of concerns, chief among them being the fact that the neighbors weren't given an opportunity to review/design the development Landscape Plan. - Unfortunately, other than restricting uses, there is no record in the file or minutes relative to neighborhood input on the landscape design. - Fortunately, the retail development was designed with the neighbors in mind in that there is no service drive behind the building (facing the neighbors) so daily service activities will be screened from the neighbors by the building and the trash/recycling enclosure access faces Diffley Road. 3 - The approved Landscape Plan does meet the City goal of screening parking areas from public rights-of--way and providing a landscape buffer from the adjacent residential properties. The Plan does not provide staggered rows of evergreen trees between the building and the residential properties that the neighbor stated he expected. ATTACHMENTS: (2) Location Map on page ~. Approved Landscape Plan on page ~. Eagan Boundary LOCatIOf1 ~~ ~Parce ~e~ Park Area - Building Footprint ®• 4 _ . ® . ~ 'm a: ~ ® k ° s S a ®'4Q °~ my d 8 p ~4 o F. s ~ ti .• m o ~~ ~ a r w ° • ~ ~ `® ° a E ~ 4 ® w ~ ® a ~ ' a l 4. w~ a s s s s • . ~ : d A S • ' ~ • ~4 • ° A ~ O P A 1 ~ A ~ ' ~ ~:~.; 1 °, d ~ S 1 ~' O - d ~ ° ~ 8 • ~a ~ • A° . , _ _- ~ a ~' i s s .- • ~ ~ ~+ ~`r ~ a ~r~?: • ~ ° ® • • ~ i~ 4 S ~ • 4a ® • i ® ~• ~ s ~ iE r • • • e ~ a a ; ,, s r 1 Y • ~ ~ S ' ' A 4 ~ ae ~ ca ~ • • .......•,r ~ ~ ~ r r• ~ ~ ~ ® ~ ~ • i ~' ~ . • e e a • ~ ^ •s t ~ ^ ^ B 6!O ili • . ~ ,, s ~ v .® .m ~, fa S . ® ` r i v fie. ~ ~ A • O4 • S ~ ~ '. U - 1 ~ N a • , 1 e s ~ s ~~ ~ ~ • °~ ~ ~ ' r * ' w . i• p 4 a ~d• t, alrr~ A. • i Q ° QL`a _ L _~ e0 O • • ®® ~m ~~ V~_ ~ ~ ~'~ ~ ~ ~, :,: v b,d d ~ ~ e ~ ~ ~ ~ ~ ~ ~ 1000 0 1000 2000 Feet Development/Developer. Application: Hawthorne Ridge Case No.: S Map Prepared using ERSI ArcVfew 3.1. Parcel base map data provided by Dakota County Office of GIS and is wrrent as of April 2005. N J~t~ Of Fja~~Il TNIS 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 arc S Commanny D.vlopm•nt O•paRin•ne not recponslble for errors or omissions. k~~ ~i}'~`Ek F Bf .;E F~~ ;~ kit k~°~ s6@~ ~ k~ 6' ~ f #~ ~g k ~ [?f FFFF ¢ ~f t ~f ~Le FiiE ~ s F~r fP', e k ~ j`1 ~~ ~Ei~S~ ~~ = tk ~$ iE BFI t~lE ~E Y@ t ~ k :i }kks ~ p ~ }~ ~~_r F ~i; ~ [ I p ~ a, ~ €~ ~ t~ ~ ! k 4 S s ~ p~ ~ Fj €t ~ C Y«6~CatlStvE«=t•6:,1c "••."••~•~«• 13 i •~•~aaee@$g9~&°Eas~~35~nE;&"aP~~Is f~a ~~R~~ @dig~~ 1ti~i~~~`ed~~ II~ g ~-~~ ~~ ~ ~-~~s':d~t~g~~g~i} ~k~F~~fi'i1 Ik f ~~ n~ 1 E ~ I ~:. uK3 5 }'.CE€Q~'~'S?kS RF BFR 4Mo eSC__~ 'C eats:;°~;•aztr;ftzza a?~:~f.de~gc ~. I a i,S~P ~ i-i ! _ t iii~l o ~!~~ ,~s; s '~! ! f g~ ~ ~ ~zs ui xEE ~ W uc~g (( o B -9 { ~- $ Y Z i~i ~_ ~ [ [ _mi SN ~ o ~ II Y B j, -- ~ s IN s mg N ~ ~ F l ~ ~ ~ ~~x ~ ~ r ~^ v • w j I F°' Sc Y ~ 1 8~ Agenda Information Memo August 16, 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 August 1, 2005 regular City Council meeting, the minutes of the August 9, 2005 special City Council meeting and the July 17, 2005 special City Council meeting as presented or modified. ATTACHMENTS: Minutes of the August 1, 2005 regular City Council meeting are enclosed on pages through ~. Minutes of the August 9, 2005 special City Council meeting are enclosed on pages through ~. Minutes of the July 7, 2005 special City Council meeting are enclosed on pages through ~. MINUTES OF A REGULAR MEETING OF THE ~~ EAGAN CITY COUNCIL ~ j~- Eagan, Minnesota /~ August 1, 2005 A Listening Session was held August 1, 2005 at 6:00 p.m. prior to the regular City Council meeting. All members of the City Council were present except Councihnember Tilley. There were no citizens who wished to be heard. A regular meeting of the Eagan City Council was held on August 1, 2005 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers Fields, Carlson and Maguire. Councilmember Tilley arrived at 6:50 p.m. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Duector Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary /Deputy Clerk Mira Pepper. AGENDA Councilmember Fields moved, Councilmember Maguire seconded a motion to approve the agenda as presented. Aye: 4 Nay: 0 RECOGNITIONS AND PRESENTATIONS Mayor Geagan recognized Assistant to the City Administrator Miller for her work with the recent N.O.I.S.E. conference. CONSENT AGENDA Councilmember Fields asked that item C be pulled for a separate vote. Councilmember Carlson asked that item I be pulled for discussion. Councilmember Maguire briefly commented on item R. Councilmember Maguire moved, Councilmember Fields seconded a motion to approve the balance of the consent agenda. Aye: 4 Nay: 0 A. Minutes. It was recommended to approve the minutes of the July 19, 2005 regular City Council meeting. B. Personnel Items. There were no personnel items to be considered. C. Check Resisters. Pulled for separate vote. D. Refuse /Recycling Hauler License. It was recommended to approve aRefuse /Recycling Hauler License for Allied Waste Industries of the Twin Cities (formerly BFI Waste Systems). E. Tobacco License. It was recommended to approve a Tobacco License for Pakou Vang (E&M Liquors, 1444 Yankee Doodle Road). F. Donation. It was recommended to adopt a resolution accepting a $1,500 donation from Ecolab, Inc. for the Carins Iris Fund. G. Fiscal Advisory Services Consultin Fg irms• It was recommended to approve two firms, Springsted and Ehlers & Associates Inc. to participate in the City's Fiscal Advisory consultant pool. H. Temporary On-Sale Liquor License. It was recommended to approve a temporary on-sale liquor license for the Southwest Area YMCA and waive the $150.00 license fee. I. ReconveYance of Tax Forfeit Parcel. Pulled for discussion. J. Project 809. It was recommended to approve the Supplemental Final Assessment Roll for Project 809 (Blue Gentian Road -Street Improvements) to Lots 1, 2, and 3, Block 1, spectrum Business Park and authorize its certification to Dakota County for collection. K. Contract 04-05. It was recommended to approve Change Order #2, Contract 04-OS (Well #20 -Pumping Equipment) and authorize the Mayor and City Clerk to execute all related documents. L. Promotion of use of Intrastate Mutual Aid Agreements. It was recommended to adopt a Resolution Promotion the Use of Intrastate Mutual Aid Agreements. M. Final Subdivision / Fina] Planned Devel~ment. It was recommended to continue approval of the Final Planned Development and Final Subdivision of Homestead Village to the September 6, 2005 Council meeting. N. Final Planned Development. It was recommended to approval a Final Subdivision (Steeplechase of Eagan) to create 55 lots and 5 Outlots for property located at 4889 Pilot Knob Road and approve a Final Planned Eagan City Council Meeting Minutes August 1, 2005 Page 2 oRq FT Development to create 37 single family units, and 58 townhouse condominium units for property located at 4889 Pilot Knob Road. O. NW Inver Grove Heights Alternative Urban Areawide Assessment. It was recommended to approve comments to be submitted to the City of Inver Grove Heights regarding its Northwest Expansion Area AUAR. P. SAFER Grant. It was recommended to approve the SAFER Grant for the Eagan Fire Department. Q. Telecommunications Lease Agreement. It was recommended to 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. R. Water Oualitv Management Plan Update. It was recommended to authorize a contract with the firm of Bonestroo, Rosene, Anderlik and Associates to update the comprehensive Water Quality Management Plan and authorize the Mayor and City Clerk to execute all related documents. S. Change Order #3 -Contract 05-05. It was recommended to approve Change Order #3 to Contract #OS-05, Cascade Bay Pool Repairs in the amount of $11,869. T. Correspondence to MN State Legislative Dele ag tion. It was recommended 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). C. Check Re isg tern. (Councilmember Fields stated she was opposed to the payment of $4.19 to the Charter Commission.) Councilmember Carlson moved, Mayor Geagan seconded a motion to approve the check registers dated July 21, 2005 and July 28, 2005. Aye: 3 Nay: 1 (Fields opposed) I. Reconveyance of Tax Forfeit Parcel. City Administrator Hedges and Administrative Services Director VanOverbeke discussed the reconveyance of Lot 3, Block 1, Barton McGray Addition, a tax forfeit parcel, to the State of Minnesota. Councilmember Maguire moved, Councilmember Carlson seconded a motion to approve the reconveyance of tax forfeit parcel 10-13700-030-01 (Lot 3 Block 1, Barton McGray Addition) to the State of Minnesota. Aye: 4 Nay: 0 NEW BUSINESS ORDINANCE AMENDMENT -CHAPTER 5, WINE, BEER AND LIQUOR LICENSING AND REGULATION REGARDING BREWPUB OPERATIONS City Administrator Hedges introduced this item regarding an ordinance amendment concerning licensing and regulations in regard to brewpub operations. He stated that new legislation is being reviewed and any updates or changes in this amendment would be brought back to a future Council meeting for approval if necessary. Councilmember Maguire moved, Councilmember Fields seconded a motion to adopt an ordinance amendment to Chapter 5, Wine, Beer and Liquor Licensing and Regulation. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT AND FINAL PLAT (YANKEE DOODLE SUBSTATION) DAKOTA ELECTRIC City Administrator Hedges introduced this item regarding the expansion of the substation located at the intersection of Yankee Doodle Road and Wescott Woodlands and the final plat creating a 1.3 acre parcel on this site. City Planner Ridley gave a staff report. Craig Knudsen representing Dakota Electric discussed the substation expansion. Additional landscaping was suggested by the Council. 9 Eagan City Council Meeting Minutes August 1, 2005 Page 3 ~RgFT Councilmember Fields moved, Councilmember Tilley seconded a motion to accept the Environmental Assessment for the transmission line upgrade. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit for expansion of the substation located at the intersection of Yankee Doodle Road and Wescott Woodlands in the NE '/< of Section 14, subject to the following conditions: Aye: 5 Nay: 0 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 and beautification to the residential properties where possible. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve 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. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT -OAK TRUST CREDIT UNION City Administrator Hedges introduced this item regarding a Conditional Use Permit to allow a bank drive through facility and a pylon sign located at 1642 Diffley Road. City Planner Ridley gave a staff report. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Conditional use Pemut to allow a bank drive through facility located at 1642 Diffley Road, legally described as Lot 7, Block 1, Diffley Plaza, located in the NW '/< of Section 28, subject to the following conditions: Aye: 5 Nay: 0 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof if 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 the property, in a form acceptable to the City Attorney. Councilmember Tilley moved, Councihnember Fields seconded a motion to approve a Conditional use Pemut to allow a pylon sign for Oak Trust Bank, located at 1642 Diffley Road, legally described as Lot 7, Block 1, Diffley Plaza, located in the NW '/, of Section 28, subject to the following conditions: Aye: 5 Nay: 0 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. PLANNED DEVELOPMENT AMENDMENT AND FINAL PLAT EAGAN PLACE -SOLOMON REAL ESTATE GROUP City Administrator Hedges introduced this item regarding a planned development amendment to allow a 45,000 square foot retail building on two 7,000 square foot retaiUoffice buildings located at the southeast corner of Yankee Doodle Road and Yankee Place, and a fmal plat creating a 9.73 acre parcel by combining Lot 1, Block 1, Town Centre 100 12~' Addition and Lot 1, Block 1, Town Centre 100 15°i Addition into a single parcel. City Planner Ridley gave a staff report. /o Eagan City Council Meeting Minutes August 1, 2005 Page 4 DRAFT Jay Scott, Solomon Real Estate Group discussed and provided visuals of the proposed project. Kathy Anderson, architect for the project discussed the architectural design of the Best Buy store. Councihnembers discussed the design of the building, suggesting modifications and better renderings of the proposal. It was agreed that consideration of the proposed planned development amendment be continued until the August 16, 2005 Council meeting. Mr. Scott offered to provide a tour of other retail locations displaying similar scale and architectural features in the Metro area. Councilmember Maguire and Mayor Geagan indicated they would like to visit the other sites. Mr. Scott stated he would also provide photographs of these locations to Council. Councihnember Carlson moved, Councilmember Tilley seconded a motion to continue consideration of a Planned Development Amendment to allow a 45,000 square foot retail building and two 7,000 square foot retaiUoffice buildings located at the southeast corner of Yankee Doodle Road and Yankee Place in the NE '/4 of Section 15 to the August 16, 2005 Council meeting: Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT - SEEBECK AUTOCARE, LLC City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow a monument sign in lieu of a third building sign on property located at 1575 Cliff Road. City Planner Ridley gave a staff report. Councihnember Fields moved, Councihnember Tilley seconded a motion to approve 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 '/< of Section 28, subject to the following conditions: Aye: 5 Nay: 0 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 Planned Development 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 maybe installed. 6. The changeable message panel above the brick base is allowed provided it is changed manually, not electronically. PLANNED DEVELOPMENT AMENDMENT -HOLIDAY STATIONSTORES STORE #247 -PILOT KNOB ROAD & DUCKWOOD DRIVE City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow outdoor display of products at the Holiday store located at 3615 Pilot Knob Road. City Planner Ridley gave a staff report. Councihnember Carlson moved, Councilmember Tilley seconded a motion to approve 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 '/< of Section 16, subject to the following conditions: Aye : 5 Nay: 0 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 City Council Meeting Minutes ©~ August 1, 2005 /q ~~ Page 5 PLANNED DEVELOPMENT AMENDMENT -HOLIDAY STATIONSTORES (STORE #68 -LEXINGTON AVENUE AND DIFFLEY ROAD) City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow outdoor display of products at the Holiday store located at 1065 Diffley Road. City Planner Ridley gave a staff report and explained modifications illustrated on the July 27, 2005 revised Site Plan. Councilmember Fields moved, Councihnember Carlson seconded a motion to approve 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, Soderhohn Addition, located in the SW '/< of Section 23, subject to the following conditions: Aye: 5 Nay: 0 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 July 27, 2005. LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE Assistant to the City Administrator Miller discussed proposed correspondence to the MAC with comments on the Environmental Assessment for the 2015 Terminal Expansion project at the Minneapolis / St. Paul Airport. Councihnember Fields moved, Councilmember Tilley seconded a motion to approve comments regarding the draft Environmental Assessment for the 2015 terminal expansion project at MSP International Airport and copy the correspondence to the City's State Legislative delegation and Congressional delegation. NEW RUNWAY /AIRPORT UPDATE Assistant to the City Administrator Miller discussed the Airport Relations Commission's recommendation regarding the September open house to be held at the Community Center. Council concurred that the open house be fom~atted in more of a traditional open house style. The regular City Council meeting was recessed at 8:30 p.m. and a meeting of the Economic Development Authority was immediately convened. The regular City Council meeting was reconvened at 8:40 p.m. VISITORS TO BE HEARD There were no visitors who wished to be heard. Councihnember Fields moved, Councilmember Maguire seconded a motion to adjourn the regular City Council meeting at 8:40 p.m. and convene a closed session to discuss pending litigation. 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. /.2 MINUTES SPECIAL CITY COUNCIL MEETING AUGUST 9, 2005 5:30 P.M. EAGAN ROOM - EAGAN MUNICIPAL CENTER City Councilmembers present: Mayor Geagan, Councilmembers Fields, Carlson, Maguire and Tilley. City staff members present: City Administrator Hedges, Assistant to the City Administrator Miller, Parks and Recreation Administrative Coordinator Mesko, Administrative Intern Walz, Chief Financial Officer Pepper, Director of Administrative Services VanOverbeke, Community Center Manager Breuer, Campus Facilities Manager Vaughn, Communisations Director Garrison and Community Development Director Hohenstein. I. AGENDA ADOPTION Mayor Geagan called the meeting to order. Mayor Geagan requested that an item be added under Other Business regarding the compensation for the City Administrator. Councilmember Maguire moved; Councilmember Fields seconded a motion to approve the agenda. Aye: 3, Nay: 0 (Councilmember Tilley and Carlson not present) II. VISITORS TO BE HEARD There were no visitors to be heard. III. REVIEW PROPOSED 2006 PUBLIC ENTERPRISE BUDGETS ^ Community Center ^ Civic Arena ^ Cascade Bay Community Center City Administrator Hedges introduced the item noting that given the various operating seasons of the Community Center, Civic Arena and Cascade Bay, it has been the City's practice to review the annual budget for the three enterprise operations in advance of the General Fund Operating Budget. Councilmember Carlson arrived at 5:45 p.m. /3 Hedges summarized the proposed 2006 Community Center budget, including a summary of the operating plan, renewal and replacement fund, capital outlay, marketing, revenue projections, expenditures, and policy changes per City Council direction. Hedges stated that the budget as proposed is balanced and includes a 6 percent increase, which includes funding for the renewal and replacement fund. Hedges noted that the budget includes a proposal for two seasonal interns as well as an additional concession staff person, per Council direction, to cover day shifts at the concession stand. The City Council discussed the proposed budget. The Council inquired as to the difference between 2004 actual numbers and 2004 budgeted numbers. Director of Administrative Services VanOverbeke noted that he would prepare a response as to the difference between the 2004 actual and budget numbers. The City Council inquired about the use of The Blast. Community Center Manager Breuer noted that The Blast has additional competition due to the addition of more indoor playgrounds being built in the metropolitan area. The Council directed staff to include the proposed Community Center budget on the August 16, 2005 City Council Consent Agenda for formal ratification. Civic Arena City Administrator Hedges introduced the 2006 proposed Civic Arena budget noting that a balanced budget is being presented and the budget incorporates recommendations from the 2004-2005 Organizational Study. Hedges added that the budget is proposed to increase by 1.3 percent and no rate changes are proposed for 2006. Hedges summarized the revenues and expenditures, capital outlay, renewal and replacement, and personnel proposals. Hedges added that due to the consolidation of the Cascade Bay Manager and Civic Arena Manager into one position, there remains a need for support personnel for both enterprise operations. Hedges noted that a proposed clerical position is included in the 2006 budget to be shared between the Civic Arena and Cascade Bay. Hedges also noted that the position would be hired on a one-year sunset provision in order to allow for staff to evaluate the affect of the position. Hedges summarized the financial commitments of the Eagan Hockey Association towards the Civic Arena and noted that the association's commitments are scheduled to be paid off in 2007. The City Council discussed the proposed 2006 budget including the need for personnel, capital expenses, and change from contractual sporting officials to in-house officials. The City Council concurred with the proposal not to increase ice rental rates in the 2005- 2006 Civic Arena operating season. The Council also agreed that the purchase of 2006 capital outlay items should take place in 2005 in order to accommodate the operating season of the Civic Arena. The Council directed that the proposed 2006 Civic Arena budget be included on the August 16, 2005 City Council Consent Agenda for formal ratification. Cascade Bay City Administrator Hedges introduced the item noting that the Cascade Bay budget as presented is a balanced budget showing an increase of 0.4 percent over 2005. City Administrator Hedges noted how weather driven the facility is and commented that in 2005, the i~ City has already surpassed the attendance in all of 2004. Hedges summarized the expenditures and revenues for the Cascade Bay budget, new and replacement, capital outlay, retained earnings, personnel and marketing. Hedges again noted the clerical position that is proposed to be shared between Cascade Bay and the Civic Arena due to the consolidation of the Cascade Bay Manager and Civic Arena Manager position. The City Council discussed the 2006 budget and directed that the 2006 proposed budget be included on the August 16, 2005 City Council Consent Agenda for ratification. IV. 2006 GENERAL OPERATING BUDGET UPDATE City Administrator Hedges introduced the item noting that the discussion was strictly informative and no specific action was required. Hedges noted that the budget team has met with each Department Director to discuss the 2006 budget requests that have been submitted to provide resources to be used to deliver services in their areas of responsibility. Hedges added that the previous City Council decision not to rely on the State to pay Market Value Homestead Credit (MVHC) for the 2005 budget turned out to be a very wise decision. Hedges noted that during the 2005 legislative session, the legislature took action to again withhold the MVHC and, therefore, will not be used as a revenue source in balancing the 2006 General Fund Budget. Hedges noted that work has also begun on estimating 2006 revenues, including property tax levies and results in impacts on property owners. The City Council discussed their consideration of the 2006 General Fund Budget and noted the State funding volatility that exists. Director of Administrative Services noted his concern with additional State mandates that could be imposed on cities. City Administrator Hedges noted that the 2006 proposed General Fund Budget will be presented to the City Council at their August 23, 2005 City Council workshop. Mayor Geagan took the opportunity to thank Cherryl Mesko, Parks and Recreation Administrative Services Coordinator, for her work over the past year in filling the void without a Parks and Recreation Director. V. 2006 GENERAL FUND BALANCE UPDATE City Administrator Hedges introduced the item noting that the City Council has directed as part of the 2005 Work Program that staff research the issues related to the City's General Fund balance and to provide options for the potential use of the balance for consideration by the Council. Hedges noted that the City Council has also directed that staff research implications of the $1 million advance from the Community Investment Fund to Cascade Bay as part of the original construction financing package for Cascade Bay. Hedges noted that in an effort to keep rates at a reasonable level for customers and to generate some cash reserves, annual Cascade Bay budgets have not provided a specific appropriation to begin the repayment of the advance. Hedges also noted that the unexpected repairs to the facility resulting from faulty construction and the results in litigation have now made the available cash balance more uncertain. The City Council discussed the balloon payment issue at Cascade Bay as well as why the fund balance presented has increased over the past few years. Director of Administrative Services VanOverbeke noted that the increase in the fund balance is due to budgeting revenues /S conservatively and budgeting expenditures realistically. VanOverbeke also noted that the State Auditor has increased the recommended fund balance from 30 - 35 percent to 50 percent. The City Council requested a detailed report on how the fund balance has increased and what funds are included in the Auditor's calculation of the fund balance. Per the request of the Council, Hedges noted that such a report would be brought back to the City Council after the budget process is complete on September 15. VI. OTHER BUSINESS Mayor Geagan introduced the issue of compensation for the City Administrator noting that this past May, the City Council approved a new job classification system referred to as the Job Evaluation System (JES). Geagan added that while JES called for an increase to the City Administrator's salary, due to the previous salary cap, the City Administrator did not receive an increase in pay. Geagan noted that since the legislature modified the salary cap, other communities are raising the salaries of their City Administrators. Geagan suggested a pay adjustment in order to put the City Administrator's salary in line with other communities, to meet the compensation recommendation from the JES, and to rectify the issue of the City Administrator's salary being even with salaries of Department Directors. The City Council concurred with Mayor Geagan's suggestion. The Council directed that the compensation adjustment be included under Personnel Items on the August 16, 2005 City Council agenda. VII. ADJOURNMENT Councilmember Maguire moved; Councilmember Tilley seconded a motion to adjourn the meeting at 6:50 p.m. Aye: 5, Nay: 0 /6 MINUTES SPECIAL CITY COUNCIL MEETING JULY 7, 2005 7:30 P.M. EAGAN ROOM - EAGAN MUNICIPAL CENTER City Councilmembers present: Mayor Geagan, Councilmembers Carlson, Fields, Maguire and Tilley. City staff members present: City Administrator Hedges, Assistant to the City Administrator Miller, Community Development Director Hohenstein, City Planner Ridley, Director of Communications Gamson and Public Works Director Colbert. Also present were members of the Northeast Eagan Study Committee, including APC Chair Carla Heyl and ARC Chair Chuck Thorkildson. I. ROLL CALL AND AGENDA ADOPTION Mayor Geagan called the meeting to order. City Administrator Hedges noted that National Night Out is scheduled on the same night as the first City Council meeting in August and, therefore, asked the Council whether they wished to change the August 2 City Council meeting date. There was City Council consensus to hold the first meeting in August on Monday, August 1. Hedges noted that the item would be included on the July 19 City Council agenda for formal consideration. Councilmember Fields moved; Councilmember Tilley seconded a motion to adopt the agenda as presented. Aye: 5, Nay: 0 II. VISITORS TO BE HEARD There were no visitors to be heard. III. NORTHEAST EAGAN LAND USE STUDY -PRESENTATION OF COMMITTEE REPORT City Administrator Hedges introduced the item noting that at the July 6, 2004 City Council meeting, the Council implemented a moratorium through March of 2005 for purposes of studying alternative land use scenarios for a one square mile section in northeast Eagan to determine whether justification exists to change the City's comprehensive land use guide plan designation for properties in that area. Hedges added that at the August 17, 2004 City Council meeting, Council authorized staffto retain Rusty Fifield of Hoisington Koegler Group to perform the land use study and, on September 7, 2004, the Council approved the study scope and contract for the study. At that time, Hedges added, the Council also appointed the study advisory group, which consisted of representatives of the Planning, Parks, Economic Development and Airport Relations Commission. It was noted that the study advisory group began meeting in October of ~~ Special City Council Minutes July 7, 2005 Page 2 2004 through January of 2005, at which time the Council gave direction to suspend committee work while a comprehensive traffic study covering a broader scope was completed. Hedges noted that the additional traffic study was completed in April and the committee reconvened in May of 2005 and approved the final draft of the report in June of 2005. Community Development Director Hohenstein summarized the process taken by the Northeast Eagan Land Use Study Group and introduced the consulting team, which included representatives from SRF, Ehlers & Associates, and Hoisington Koegler Group. Mr. Fifield summarized the findings of the Northeast Eagan Land Use Study. Mr. Fifield noted that the factors that were considered as part of the study included: relationship to existing uses and plans of existing businesses, adequacy of commercial land supply, airport noise, revenue and service cost impacts, parks needs, economic development policies, mixed-use options, transportation needs and impacts, and environmental impacts. Fifield noted that the Northeast Eagan Study Committee concluded that the Comprehensive Guide Plan in northeast Eagan should be retained as commerciaUindustrial. He added that the committee saw no clear and compelling reason to change the designation; and rather saw a compelling reason to retain the area for commercial and industrial development. Mr. Fifield summarized the findings in regard to the specific components studied by the committee and noted that market research was not part of the study. Northeast Eagan Land Use Study Committee Chair Carla Heyl and fellow committee member Chuck Thorkildson provided a summary of the work of the committee. Peter Coyle, representing Lone Oak Development and the Laukka-Beck partnership, addressed the City Council regarding the findings of the Northeast Eagan Land Use Study. Mr. Coyle critiqued the premise of the study and the information that was provided to the task force. Mr. Coyle stated his frustration that the developers did not have the opportunity to present to the task force. Mr. Coyle highlighted his concerns with the Land Use Study findings with regard to land use compatibility, transportation, airport noise and tax impacts. Mr. Coyle also stated that the fact that a market study was not completed was a significant omission of the study. Steve Salto, partner in the Lone Oak Partnership, addressed the City Council and commented on the committee's process and lack of opportunity to present their case. Mayor Geagan invited City Council discussion on the findings of the study. Mayor Geagan thanked the Commission for their work over the past several months. Mayor Geagan commented on the various components of the study including airport noise in northeast Eagan and the concerns of the existing residents in northeast Eagan regarding additional residential use in the area. Geagan noted that the traffic issues identified through the study will need to be addressed. Councilmember Carlson commented on the longstanding policy decision of Eagan to support the Eagan/Mendota Heights Corridor. She also noted that northeast Eagan is one of the last business campus opportunities in the community. Carlson concurred with Mayor Geagan that the traffic issues need to be addressed. She also added that when the Comprehensive Guide Plan was last updated in 2000, the decision was made to keep northeast Eagan as a commerciaUindustrial area. Councilmember Fields voiced her desire to work with the City of /8' Special City Council Minutes July 7, 2005 Page 3 Inver Grove Heights to discuss developments along the cities' borders. Councilmember Maguire commented that he disagreed with the findings regarding airport noise. He also noted his concerns that the study did not address what the best use of northeast Eagan could be. He noted that the data will be helpful when the Comprehensive Guide Plan is next updated. Councilmember Tilley voiced her concurrence that traffic in northeast Eagan will be an issue to be addressed and she requested additional input from the City of Inver Grove Heights. Community Development Director Hohenstein noted that the City of Inver Grove Heights just completed an AUAR for the area adjacent to northeast Eagan, and comments to the AUAR would be prepared for Council consideration at the August 1, 2005 City Council meeting. Northeast Eagan Land Use Study Committee Chair Heyl and fellow committee member Thorkildson commented on the ongoing input that Inver Grove Heights provided throughout the study process. There was City Council consensus to host a public open house to present the results of the Northeast Eagan Land Use Study and provide an opportunity for public comment. City Administrator Hedges noted that on the July 19 City Council meeting, there will be a formal agenda item to accept the Northeast Eagan Land Use Study Report. Hedges also noted that at the July 19 City Council meeting, the Council will be provided with potential plans regarding how to proceed on a master transportation plan for the northeast Eagan area. Hedges added that he spoke to the City Administrator of Inver Grove Heights regarding a joint meeting of the Eagan and Inver Grove Heights City Councils. Inver Grove Heights has shown an interest in a joint meeting this fall. IV. OTHER BUSINESS There was no other business. V. ADJOURNMENT Councilmember Tilley moved; Councilmember Fields seconded a motion to adjourn at 8:55 p.m. Aye: 5, Nay: 0 /9 Agenda Information Memo August 16 2005 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Part-time Guest Services Representatives-Community Center- ACTION TO BE CONSIDERED: To approve the hiring of Cora Pieper and Lori Stefanko as part-time guest services representatives at the Community Center. Item 2. Part-time Concessions/Building Attendants-Community Center- ACTION TO BE CONSIDERED: To approve the hiring of Tait Anderson, Joey Morrison and Peter Borash as part-time concessions building attendants at the Community Center. Item 2. All-Employee Training Event- ACTION TO BE CONSIDERED: To approve a resolution authorizing an All Employee Training Event on September 8, 2005. ATTACHMENTS: • A resolution in support of the September 8, 2005 event is enclosed on page ~. Item 3. 2005 Compensation Adjustment ACTION TO BE CONSIDERED: To approve the adjustment to the 2005 City Administrator compensation to the top step of level 19 and to make the necessary adjustments to previous approvals to provide for the full payment of dependent health insurance and the accrual of vacation hours that maybe exchanged for cash payment. Item 4. Re-hire/Emergency Management- ACTION TO BE CONSIDERED: To authorize the re-hire of Ken Southorn as a part-time temporary employee providing support with emergency management. ao CITY OF EAGAN Dakota County, Minnesota A RESOLUTION IN SUPPORT OF AN ALL EMPLOYEE TRAINING EVENT ON SEPTEMBER 8, 2005 WHEREAS, the City Council recognizes the public purpose and numerous benefits of attracting and retaining the highest caliber employees to provide excellent customer service to the citizens of Eagan; and WHEREAS, the City Council believes training and motivation are integral in attracting and retaining the best employees; and WHEREAS, the City Council recognizes the benefit of the customer service training for City employees due to their high level of interaction with the public; and WHEREAS, due to varying work schedules, the best time during the day in which anall- employee event can be scheduled is during the lunch hour; NOW, THEREFORE, BE IT RESOLVED, by the Eagan City Council, that the City of Eagan recognizes the public purpose in a City-wide all-employee training event. The event, to be held on September 8, 2005 between the hours of 11:00 a.m. and 1:00 p.m., will include lunch and awards for years of service paid for by the City. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: CERTIFICATION I, Maria Petersen, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular City Council meeting thereof assembled this day of , 2005. l Agenda Information Memo August 16, 2005 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated August 4, 2005 and August 11, 2005 as presented. ATTACHMENTS: • Check registers dated August 4, 2005 and August 11, 2005 are enclosed without page number. a~ Agenda Memo August 16, 2005 Regular City Council Meeting CONSENT AGENDA: D. Reschedule Regular City Council meeting for Tuesday, November 1 ACTON FOR CONSIDERATION: Reschedule regular City Council meeting for Tuesday, November 1 rather than Thursday, November 3, 2005. FACTS: • The first regular City Council meeting for November was originally scheduled at the January 18th organizational meeting, mistakenly assuming that the ISD 191 election would be held on November 1St • Recent information has confirmed that the ISD 191 election is actually being held on Tuesday, November 8 which will allow the City Council meeting to be held on the first Tuesday of November. ATTACHMENTS: None a3 Agenda Memo August 16, 2005 Eagan City Council Meeting E. Approve 2005 Fee Schedule revision to charges for police and fire reports to comply with State legislation. ACTION TO BE CONSIDERED: To amend the 2005 Fee Schedule charges for police and fire reports to $.25 per page. FACTS: • On August 1, State legislation affecting the fees cities could charge for certain reports went into effect. The legislation limits the fee to $.25 per page for reports of 100 pages or less. • The purpose of this amendment is to bring the 2005 Fee Schedule into compliance with that State law. • The existing fee for police incident reports is $4.00. The current fee for fire reports is $5.00. • The effect on the City's revenues is expected to be minuscule. ATTACHMENTS: None. ~~ Agenda Information Memo August 16, 2005, Eagan City Council Meeting F. APPROVE THE 2006 MEMBERSHIP RATES AND THE 2006 COMMUNITY CENTER OPERATING BUDGET ACTION TO BE CONSIDERED: To approve the 2006 membership rates and to approve the proposed 2006 Community Center operating budget. FACTS: - At the August 9 special City Council meeting the proposed 2006 Community Center operating budget was reviewed and staff was directed to place it on the August 16 regular City Council meeting agenda for formal approval. - The proposed budget is based on an increase in membership rates for 2006. - In September 2004 membership rates were increased by $2 per member and included group fitness classes as an amenity. - The following chart shows the history of membership fees: Proposed 7/2003-8/2004 9/2004-12/2005 1/2006-12/2006 Resident/Corporate $29 $31 $32 Each Additional 24 26 27 Non-Resident (15L and addl) 34 36 37 - Based on a membership base of 1500 members this would raise an additional $18,000 in revenue for 2006. - This fee increase would be effective with the January 2006 bank debit. - It would be staff's recommendation to not increase membership rates in 2007. - The budget is supported entirely by user fees and antenna lease rentals, with no tax dollars used as a revenue source. ATTACHMENTS: (1) Enclosed on page ~~ is a copy of the Community Center revenues and expense summary. Note: The 2004 Antenna Lease transfer revenue for the 2004 Actual has been adjusted from $253,338 to $190,856 to balance the operating revenues and operating expenses. This revised calculation should eliminate the confusion between the accrual accounting in the financial report and the budgeting while meeting the City Council intent for the use of the lease revenue. as COMMUNITY CENTER ENTERPRISE FUND 2006 BUDGET Revenues, Other Funding Sources, and Expenses 2004 2005 2006 Actual Budget Budget REVENUES Membership $ 352,657 $ 574,200 $ 706,600 Room Rentals 131,269 172,300 249,900 Group Sales 69,413 100,500 98,800 Daily Admission 67,450 96,500 78,100 Contract Revenue 47,139 55,700 57,000 Personal Training Services 4,282 22,200 37,500 Concession Sales 28,637 31,900 33,900 Park Program Revenues 74,483 13,900 15,400 ECVB Rent 7,333 8,600 9,000 Vending 6,148 5,000 6,000 Merchandise Sales 2,910 2,600 3,700 Equipment Rental 5,602 2,000 3,000 Facility Rental 6,221 1,500 1,500 Interest 22,292 - 20,000 Subtotal 825,835 1,086,900 1,320,400 Other Funding Sources Antenna Leases 190,856 292,300 141,000 Total Rev & Other Fd Sources $ 1,016,691 $ 1,379,200 $ 1,461,400 EXPENSES $ 721,483 48,616 194,902 20,248 31,442 $ 826,200 73,000 339,200 20,000 $ 905,000 82,100 287,200 31,000 34,500 121,600 Personal Services Supplies, Repairs and Maint Other Services and Charges Merchandise For Resale Capital Outlay Reserve For R ~ R Total Operating Expenses - 120,800 $ 1,016,691 $ 1,379,200 a6 $ 1,461,400 Agenda Memo August 16, 2005 Eagan City Council Meeting G. APPROVE aOne-Month Student Membership to be Promoted, Marketed and Sold at the Eagan Community Center in December, 2005. ACTION TO BE CONSIDERED: To approve aone-month membership to be promoted, marketed and sold at the Eagan Community Center in December 2005. FACTS: • .Beginning mid-December through January, high school and college students will be home from school on holiday break. These students will be looking for a place to work out while they aze on break. • Since utilization by members decreases around the holidays, a student membership could bring in extra revenue to the Community Center without causing too much impact on usage of the facility. • The Eagan Community Center would offer discounts to the students of existing members, however all students with proper identification are able to purchase a student membership. • Students can purchase the one month student membership from December 15th - December 30th. This would be a cash and carry transaction and membership is active for 30 days from date of purchase. Students of existing members would pay $39, while non-member students will pay $49. Students must be 12 years of age with proper identification. Those ages 12-14 will need to be accompanied by a member parent and attend a fitness center orientation. No enrollment fees or contract will apply. Fees include use of the fitness center, gymnasium and indoor n~nning track but do not include group fitness classes. ^ Marketing to college and high schools in the area, along with marketing to the members, should bring in approximately 50 students. Last year 37 students signed up but the promotion was marketed to students 15 and older. ATTACHMENTS: None a~ Agenda Memo August 16, 2005 Eagan City Council Meeting H. APPROVE change to minimum age for fitness membership at the Eagan Community Center ACTION TO BE CONSIDERED: To approve a change in the Eagan Community Center policy that would reduce the minimum age for membership from 15 years old down to 12. Members age 12-14 would have to be accompanied by a member parent at all times. FACTS: • The Eagan Community Center has required that members be at least 15 years of age in order to become a member since it opened. • Numerous requests have been received from parents who want to sign their not yet 15 year old son/daughter(s) up for a membership. • With the rise of childhood obesity, it is important for kids to have an opportunity to exercise in a safe environment. The community center can offer the opportunity for parents to get their children involved in more activity. • A comparison was done to see what the age requirement is at other fitness centers in the area. Lifetime, Bally's, YMCA, Fitness 19, and The Grove all have a minimum age of 12 to become a member of their facility. Some require that they be accompanied by a parent up to a certain age, and others had no restrictions. • There is the potential for an increase in membership since we would be targeting a larger population. • The new policy would require that members of the Eagan Community Center must be 12 years of age or older and that members between the ages of 12-14 must be accompanied by a member parent at all times. Once a member reaches the age of 15, there would no longer be any restrictions. • Currently the policy states that any member between the ages of 15-17 must go through an orientation session prior to using any of the fitness equipment. This policy would be revised to include those ages 12-14. ATTACHMENTS: None a~ Agenda Information Memo August 16, 2005, Eagan City Council Meeting I. APPROVE THE 2005-2006 ICE RENTAL RATES, THE 2006 CIVIC ARENA OPERATING BUDGET, AND THE 2005 PURCHASE OF 2006 CAPITAL OUTLAY ITEMS ACTION TO BE CONSIDERED: To approve the 2005-2006 ice rental rates at no change from the 2004-2005 rates, to approve the proposed 2006 Civic Arena operating budget, and to approve the 2005 purchase of 2006 capital outlay items. FACTS: - At the August 9 special City Council meeting the proposed 2006 Civic Arena operating budget was reviewed and staff was directed to place it on the August 16 regular City Council meeting agenda for formal approval. - The proposed budget is based on the ice rental rates in effect for the 2004-2005 season and no change is proposed for 2005-2006. - The budget is supported entirely by user fees with no tax dollars used as a revenue source. - Since the Civic Arena operates on a season that overlaps two fiscal years, it is important to begin the 2006 capital outlay improvements in 2005 in advance of the new ice rental season. - The proposed capital outlay improvements were presented as part of the proposed 2006 Civic Arena operating budget. ATTACHMENTS: (1) Enclosed on page 3 ~ is a copy of the Civic Arena revenues and expense summary. a9 Eagan Civic Arena Fund 2006 Budget Revenue and Expense Summary Cash revenues Cash expenses Net cash profit Less other outlays: Debt service principal/interest Capital Expenditures (no set aside) Capital replacement set aside Excess revenues Carryforward from prior year 2003 2004 2005 2006 Actual Actual Budget Budget $ 744,655 $ 874,618 $ 843,100 $ 850,000 570,417 690,009 669,400 679,250 174 , 2 38 184 , 609 173 , 700 170 , 750 (128,834) (125,478) (127,700) (124,750) {9,401) (55,138) (10,000) {10,000) (36,000) (36,000) (36,000) (36,000) 3 (32,007) - - 83,372 83,375 51,368 51,368 Cumulative excess revenues 83,375 51,368 51,368 51,368 ~v Agenda Information Memo August 16, 2005, Eagan City Council Meeting J. APPROVE 2006 RATES AND THE 2006 CASCADE BAY OPERATING BUDGET ACTION TO BE CONSIDERED: To approve the 2006 Cascade Bay user rates at no change from the 2005 rates and to approve the proposed 2006 Cascade Bay operating budget. FACTS: - At the August 9 special City Council meeting the proposed 2006 Cascade Bay operating budget was reviewed and staff was directed to place it on the August 16 regular City Council meeting agenda for formal approval. - The proposed budget is based on the rates in effect for the 2005 season and no change is proposed for 2006. - The budget is supported entirely by user fees with no tax dollars used as a revenue source. ATTACHMENTS: (1) Enclosed on page ,3~ is a copy of the Cascade Bay revenues and expense summary. ~3/ 2006 Cascade Bay rev-exp summary Aquatic Facility (Cascade Bay) Fund 2006 Budget Revenues, Expenses and Other Disbursements 8/12/2005 2003 2004 2005 2006 Revenues Actual Actual Buds~et Buds~et Daily Admissions/Season Pass $ 802,392 $ 554,734 $ 773,600 $ 785,000 Group Sales 126,900 129,577 136,200 140,000 Concessions 237,308 171,919 216,700 225,200 Classes /Camps 16,335 20,994 20,200 20,000 Coca-Cola Marketing 5,416 5,416 Rental 13,871 4,225 7,000 5,000 Interest 25,417 15,751 Other 1,944 Total Revenues $ 1,229,583 $ 902,616 $ 1,153,700 $ 1,175,200 Expenses Personal Services $ 484,185 $ 440,573 $ 536,000 $ 539,700 Parts & Supplies 64,492 53,808 79,700 69,500 Cost of Concession Sales 120,884 88,024 110,000 112,000 Services & Other Charges 132,854 232,330 198,200 182,300 Capital Outlay 21,800 ~ 45,600 Sub-total Expenses 802,415 814,735 945,700 949,100 Reserve for Renewal/Replacement 67,000 64,600 64,600 64,600 Total Operating Expenses 869,415 879,335 1,010,300 1,013,700 Non-Operatins~ Disbursements Debt Service Payments 161,574 159,015 160,400 161,500 Total Expenses/Non-Op Disbursements $ 1,030,989 $ 1 038,350 $ 1,170 700 $ 1,175,200 3~ Agenda Memo Regular City Council Meeting August 16, 2005 CONSENT AGENDA: • Burnsville/Eagan Community Television Volunteer Appreciation Day - August 18, 2005. ACTION TO BE CONSIDERED: Proclaim August 18, 2005 Burnsville/Eagan Community Television Volunteer Appreciation Day. FACTS: Programming about Eagan and Burnsville is produced for the community cable channels with the assistance of volunteers. Without the participation of volunteers, programs made by the community, for the community, would not be possible at the level enjoyed by our city. • For the past 18 years, the Cities of Burnsville and Eagan have proclaimed Burnsville/Eagan Community Television Volunteer Appreciation Day. This year's Appreciation Day event will be celebrated with a picnic supper and program at Blackhawk Park in Eagan, August 18th, from 6:OOPM - 8:OOPM. /~ `~ ~ ~ ~~~~ 33 PROCLAMATION BURNSVILLLE/EAGAN COMMUNITY TELEVISION VOLUNTEER APPRECIATION DAY WHEREAS, from January 1, 2004 to December 31, 2004, 293 citizens volunteered approximately 8,800 hours of their time and energy to provide community television to the communities of Burnsville and Eagan, resulting in 1047 hours of original programming and approximately 638 new productions, and WHEREAS, these programs provide the opportunity for the citizens of Burnsville and Eagan to view programs for and about their communities, which otherwise would not be provided, and WHEREAS, the Burnsville/Eagan Community Television volunteer producers and their crews have established Burnsville/Eagan Community Television as a premier community television institution, having received over 20 state and national awards, and WHEREAS, these volunteers receive no compensation for their time, energy and production skills, other than the occasional thank you by appreciative viewers and citizens, and WHEREAS, the cities of Eagan and Burnsville, and the Burnsville/Eagan Telecommunications Commission, have decided to demonstrate their appreciation by honoring all the 2004 community television volunteers with the Burnsville!Eagan Community Television Volunteer Appreciation Event on August 18, 2005. NOW THEREFORE, I, Patrick Geagan, Mayor of the City of Eagan, on behalf of the City Council, do hereby proclaim Thursday, August 18, 2005 as BURNSVILLE/EAGAN COMMUNITY TELEVISION VOLUNTEER APPRECIATION DAY In Eagan, Minnesota. Proclaimed this 16`h day of August, 2005 Patrick Geagan, Mayor 3~ Agenda Information Memo August 16, 2005, Eagan City Council Meeting L. ADOPT 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: - At the August 1 City Council meeting, an ordinance amendment to Chapter 5, Wine, Beer and Liquor Licensing and Regulation regarding brewpub operations was approved by the City Council. - The changes to Chapter 5 were necessitated by Granite City Food & Brewery LTD's interest in obtaining a brewer's license to operate in the City of Eagan. - Due to changes in State Statute affecting brewpub operations, the ordinance amendment approved on August 1 was in need of further revision. Staff did not become aware of the changes in statute until they went into effect on August 1, which did not allow sufficient time to make the changes prior to the August 1 Council meeting. The changes have now been incorporated into the new draft ordinance (see attached). ATTACHMENTS (1): - Draft ordinance amendment enclosed on pages ~ through 3S 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 BREWPUB~ L,ICFN~L AND REGULATIONS; 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 beep 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. 36 Section 5. Eagan City Code, Chapter Five, shall be amended by adding Section 5.61 to read as follows: Sec. 5.61 Brewgub License and Regulations. Subd. 1. It is unlawful for an~person or enti ,directly or indirectly to operate a brewpub without the appropriate license issued by the Minnesota Commissioner of Public Safety in accordance with Minnesota Statutes, Cha tamer 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 brew.pub 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, and has been, issued. B. An off-sale license maY be issued for solely the malt liquor produced and packaged on the licensed premises a~1d.oF~y-ulaoii approval oftlic license bti~ ilie Miulcsota Con~nlssi~~aer ~f Public-Sa1'et~--. 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. «1}albliquor oar-the~cetseu ~~•°~"~~°~ •~_;~' 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 "growlers," with a twist-type closure, cork, stopper or plug, 37 G. At the time of the sale, a paper or plastic adhesive band, strip, or sleeve shall be applied to the container and extend over the top of the twist-type closure, cork, stop ep r, 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. I. The brewpub's total retail sales at on- or off-sale may not exceed 3 5_00 barrels per calendar year, provided that off-sales may not total more than ' 500 barrels...,',:n',-~~ ~~ ~~ ,°"~ J. A brewer operating a brewpub 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 exclusively in a restaurant located in the place of manufacture or brewing; or (3) manufactured in another state for consumption primaril. in a restaurant located in or immediately adiacent to the place of manufacture, if the brewer was licensed subject to the regulations herein on January 1, 1995. K. A brewpub 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 anoff--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. 38" Section 7. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: By: Maria Petersen Its: City Clerk Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: CITY OF EAGAN City Council By: Pat Geagan Its: Mayor 39 Agenda Information Memo August 16, 2005, Eagan City Council Meeting M. APPROVE ON-SALE LIQUOR AND SUNDAY LICENSE AND BREWPUB OFF- SALE MALT LIQUOR LICENSE FOR GRANITE CITY FOOD & BREWERY, LTD, 3330 PILOT KNOB ROAD ACTION TO BE CONSIDERED: To approve the on-sale liquor and Sunday license and (brewpub off-sale malt liquor license, which is subject to approval by the Minnesota Commissioner of Public Safety) for Granite City Food & Brewery LTD to be effective following the adoption of an ordinance amendment to Chapter 5 of the Eagan City Code regarding brewpub operations. FACTS: - Granite City Food & Brewery LTD dba Granite City Food & Brewery has applied for an on- sale liquor and Sunday license, in addition to an off-sale malt liquor license with the City of Eagan. The officers of the corporation are Steven Wagenheim, President; Monica Underwood, Interim CFO/Corporate Secretary and Timothy Cary, COO-Restaurant Operations. - Granite City Brewery is classified as a brewpub that manufactures malt liquor on site. In addition to selling their manufactured malt liquor for consumption on premise (on-sale), they also completed an application to allow for the sale of malt liquor to be consumed 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. - An ordinance amendment regarding brewpub operations, which incorporates recent changes in state law affecting such operations, is scheduled for Council approval on August 16, 2005. Following Council approval, the ordinance amendment will be published in the City's legal newspaper on August 20, 2005. - The Minnesota Commissioner of Public Safety is responsible for issuance of the brewer's license. In addition, the off-sale malt liquor license must also be approved by the Commissioner of Public Safety. - The restaurant will be located in the building that formerly housed Sidney's Restaurant at 3330 Pilot Knob Road. It is scheduled to open September 20, 2005. Other Granite City Food & Brewery locations in Minnesota include St. Cloud and Maple Grove. - The required documents have been submitted, reviewed and deemed in order by City staff and the Police Department. ATTACHMENTS (0): ~O Agenda Information Memo August 16, 2005, Eagan City Council Meeting N. APPROVE OFF-SALE LIQUOR LICENSE FOR PRADITH INC. DBA URBAN LIQUORS, 1983 SILVER BELL ROAD ACTION TO BE CONSIDERED: To approve the off-sale liquor license for Pradith Inc., dba Urban Liquors, 1983 Silver Bell Road. FACTS: - Pradith Syhaphom and Prasith Syaphom have applied for anoff--sale liquor license with the City of Eagan. The business will be structured as a corporation. The owners are purchasing the existing Boji Wine & Spirits liquor store. The new owners will operate the establishment using the name of Urban Liquors. - The change of ownership is scheduled to occur mid to late August of 2005. - All required documents have been submitted, reviewed and deemed in order by City staff and the Police Department. ATTACHMENTS (0): ~f ~ Agenda Memo August 16, 2005 Regular City Council Meeting CONSENT AGENDA: O. Tobacco License for Urban Liquors - 1983 Silver Bell Road ACTON FOR CONSIDERATION: Approve Tobacco License for Pradith Syhaphom, Urban Liquors, 1983 Silver Bell Road. FACTS: • Pradith Syhapham has applied for a tobacco license at Urban Liquors, formerly Boji Wine & Spirits) located at 1983 Silver Bell Road • All requirements of the application have been met and staff deems the license in order for approval ATTACHMENTS: None 7 ~ Agenda Memo August 16, 2005 Regular City Council Meeting CONSENT AGENDA: P. Tree Maintenance Contractor License -Kaposia Tree Service ACTON FOR CONSIDERATION: Approve Tree Maintenance Contractor License for Kaposia Tree Service, 406 Rehnberg Place, West St. Paul, MN 55118 FACTS: Terry Trkla has applied for a tree maintenance contractor license for Kaposia Tree Service, 406 Rehnberg Place in West St. Paul. All requirements of the application have been met and staff deems the license in order for approval. ATTACHMENTS: None ~f 3 Agenda Information Memo August 16, 2005, Eagan City Council Meeting CONSENT AGENDA: Q. Approve a School Liaison Agreement between the City of Eagan & School District 191 ACTION TO BE CONSIDERED: Approve a School Liaison Agreement between the City of Eagan and Independent School District #191 to provide School Resource Officers to VALE Education Center and Metcalf Junior High School. FACTS: • The City of Eagan has worked with Independent School District #191 by providing a School Resource Officer(s) since 1994. • Presently there is one Eagan Police Officer assigned to Metcalf Junior High Schoo120 hours per week during the school year (this officer works the remaining 20 hours at Blackhawk Middle School in Independent School District #196) and one officer assigned to the VALE Education Center for 40 hours per week during the school year. The VALE position originated after the Eagan City Council accepted a Federal COPS in Schools Grant in 2001. The grant has expired where the City of Eagan and Independent School District #191 share the costs of funding this position. For 2006, it is estimated the district will provide the City $43,459 to help fund the School Resource Officer at VALE. • The Metcal Junior High School Resource Officer position is funded by the City of Eagan and Independent School District #191. In return for providing an officer to the schoo120 hours per week during the school year, it is estimated the City will receive $21,730 from the district in 2006. • This agreement has been reviewed by the Eagan City Attorney and found to be in order. ATTACHMENTS: A copy of the agreement is attached as pages ~ through 7 / . ~~ u. ;Carter CHRISTIE -SCHOOL LIAISON SERVICES AGREEMENT doc , ~ ~ Page 1 , T SCHOOL LIAISON SERVICES AGREEMENT THIS SCHOOL LIAISON SERVICES AGREEMENT ("Agreement"), dated this day of ~u 1 Y 6 2005, is between INDEPENDENT SCHOOL DISTRICT 191 ("ISD 191 ") and the CITY OF EAGAN, a Minnesota municipal corporation ("City"xcollectively the 'Parties"). WHEREAS, ISD 191 and the City desire to participate in providing specialized security services within school settings, and WHEREAS, this program is designed and intended to provide staff and students with friendly and personal contact with the Dakota County Juvenile Court System; and WHEREAS, the Parties desire to promote a positive and safe learning environment and easy access to police and other services provided by the City and Dakota County. NOW, THEREFORE, in consideration of the mutual undertakings herein, the Parties agree as follows: 1. TERM. This Agreement shall commence on July 1, 2005, and shall continue until terminated by any party as provided in Section 12. 2. ANTICIl'ATED SERVICES BY THE CITY A. SERVICES TO BE PROVIDED. i. Provide easy access for staff and students for support with issues and student problems which may require an understanding of the Dakota County Juvenile Court System. ii. Maintain community outreach offtcer services to the school on a daily basis providing intervention for possession of or use of drugs. iii. Develop positive rapport between students and law enforcement officials for friendly and personal contact opportunities. ~~ ~..R....~,. .~~~~..~,..~...~.~.....~,, d..~~~_..~..,_...._,._r..~..__~ ..,~w _w._.._.- ._ .. _~..... .,_ ;Carter CHRISTIE -SCHOOL LIAISON SERVICES AGREEMENT doc Page42 iv. Provide positive education environment for students and staff via increased peace of mind as a result of officers presence. v. Provide community . outreach services to member school communities. vi. Network with other community agencies- which may be working within the community. vii. Provide other services consistent with the Cit}fs current job description for school liaison officer. 3. COST OF SERVICES. , A. The cost of services provided by City set forth in Section 2 shall be mutually agreed to by the parties hereto on an annual basis. 4. PAYMENT FOR SERVICES. A. Payments to the City for services provided shall be made on an annual basis upon an invoice submitted each year by the Ciry (anticipated to be in January) for the anticipated cost for that year, or any portion of that year if the invoice is for less than one year. Payment shall be made within thirty (30) days of receipt of the invoice. 5. RECORDS AVAILABII,ITY AND RETENTION. Pursuant to Minn. Stat. § 16B.06, Subd. 4, ISD 191 agrees that the City, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, 2 ~b darter CHRISTIE -SCHOOL LIAISON SERVICES AGREEMENT.doc~~ _ _, _ ~ w _ , Page 3 ~ excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of ISD 191 and involve transactions relating to this Agreement. 6. .DATA PRACTICES. All data collected, created, received, maintained, or disseminated or used fvr any purposes in the course of this Agreement by each party is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as amended, the Minnesota Rules implementing such act now in force or as adopted, as well as federal regulations on data privacy. 7. INDEMNIFICATION. Each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party and the results thereof. Each party's liability shall be governed by the provisions of Minnesota Statute Chapter 466 and other applicable law as modified hereby. 8. INSURANCE. The City and ISD 191 shall at all times during the term of this Agreement keep in force adequate insurance for: A. Genera] Liability. - - - ---- ro essiona is i ity. - - - - ---- C. Automobile Liability. D. Workers' Compensation Insurance as required by Minnesota Statute. 9. MERGER AND MODIFICATION. A. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes atl oral agreements and 3 ~~ ~arter CHRISTIE -SCHOOL LIAISON SERVICES AGREEMEP~ _~4 ~ Page 4 negotiations between the parties relating to the subject matter. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. B. Any material alterations, variations, modifications, or waivers of provisions of this Agreement shall be valid only when they have been reduced to writing as an amendment and signed by the parties. 10. SUBCONTRACTING. The City shall not enter into any subcontract for performance of any services contemplated under this Agreement without the prior written approval of ISD 191 and subject to such conditions and provisions. as they may deem necessary. 11. NONDISCRIlyIINATION. During the performance of this Agreement, the Parties agree to the following: No person shall, on the grounds of race, color, religion, age, sex, disability, marital status, public assistance status, criminal record, creed or national origin be excluded from full employment rights in, participation in, be denied the benefits of or be otherwise subjected to discrimination under any and all applicable federal and state laws against discrimination. 12. TERMINATION. This Agreement may be terminated with or without cause, by any party. To be effective, the notice of termination must be given in writing after January 1 and before August 30. The termination shall become effective the days after receipt of the notice. 13. NOTICES. All notices, requests, demands, and other communications 4 ~~ _ _ _ ~. __ .,. A ~ ,~... , . _ _ Carter CHRISTIE -SCHOOL LIAISON SERVICES AGREEMENT.doc ~~~ _ _~ _ ~ ~~ Page 5 ,. hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: If to City: City of Eagan Attn: James McDonald, Deputy Chief of Police 3830 Pilot Knob Road Eagan, Minnesota 55122 With Copy to: Eagan City Attorney Severson, Sheldon, Dougherty & Molenda, P.A. Attn: Robert B. Bauer, City Attorney 7300 West 147` Street, Suite 600 Apple Valley, Minnesota 55124 If to ISD 191: Independent School District 191 100 River Ridge Court Burnsville, MN 55337 Dated: CITY OF EAGAN By: Pat Geagan, Mayor By: Maria Petersen, City Clerk Dated: ~ = 1~~~ IlVDEPENDENT SCHOOL DISTRICT 191 By: kJL2ii.Piy , __ - -- - _ ~_ ___ ._-- _ --- - _ ----Its ~-C -~-~ --- -- _ _-_ - - --- __ s `~ 9 Agenda Information Memo August 16, 2005, Eagan City Council Meeting R. AUTHORIZE STJBMI[TTAL OF CMAO GRANT APPLICATION FOR FUNDING OF CEDAR GROVE TRANSIT STATION ACTION TO BE To authorize the submittal of a Federal Congestion Mitigation and Air Quality Improvement (CMAQ) Progam Grant Application for funding of Cedar Grove East Transit Station. FACTS: - The Cedar Grove Redevelopment Plan anticipates the construction of a transit station as part of the transit and pedestrian oriented design of the area. The construction of such a facility is expected to require a combination of funding sources, including district T1F, Dakota County and state and federal funds. - The CMAQ program is accepting applications through August 19, 2005 for funding requests to support eligible projects such as transit stations up to a maximum of $5 million. In collaboration with the MVTA, Dakota County and the proposed developer of the Cedar Grove Core Area, the City has arrived at an estimated project cost of $9,656,000 for the transit station and a retail component to be integrated in the station, similar to the Yankee Doodle-Pilot Knob Transit Station. - Based on the estimated costs of the project, a sources and uses budget has been prepared that requires a CMAQ application in the amount of $4,956,000. The application is being prepared on that basis. ATTACHMENTS: Sources and Uses Spreadsheet on page ~_ Resolution on page ~~_ ~D /S O V w C m ~ O L m C~ ~ 3 4 ~ o 'a `° mw ao ~~ m o ~ y a= V~ 000 000 000 moo ~oo ~ N tp er M r fA to d9 N C C C 3 p; ~ ~ N ~UW awe Q ~ O l0 :~ U O U 0000 0 C~r11A ~N ~O ~ r r EA 6g d9 O O M Z ~ Z O ~ a ~ O ~ ~O ~ ~ ~ ~ ~} ~ ~, o ~ Q' +. Q ~ ~ ~ ~ Q cn o ~ m ~ o F- J Q' V) CITY OF EAGAN RESOLUTION TO AUTHORIZE THE SUBNIITTAL OF A FEDERAL CONGESTION MITIGATION AND AIR QUALITY IlVIPROVEMENT (CMAQ) PROGAM GRANT APPLICATION FOR FUNDING OF CEDAR GROVE EAST TRANSIT STATION BE IT RESOLVED by the Eagan City Council to authorize the submittal of a Federal Congestion Mitigation and Air Quality Improvement (CMAQ) Progam Grant Application for funding of Cedar Grove East Transit Station. 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 16`~ day of August, 2005. Maria Petersen, City Clerk s~ Agenda Information Memo August 16, 2005, Eagan City Council Meeting S. AUTHORIZE PREPARATION OF POLICY PERTAINING TO THE CREATION OF HOUSING IlVIPROVEMENT DISTRICTS TO ASSIST WITH CERTAIN IlVIPROVEMENTS OF ASSOCIATION MANAGED RESIDENTIAL PROPERTY ACTION TO BE CONSIDERED: To authorize the preparation of policy pertaining to the creation of Housing Improvement Districts to assist with certain improvements of association managed residential property. FACTS: - The City Council was approached by the Cedar Bluffs Homeowners Association at a recent listening session regazding the possibility of the City considering the establishment of a Housing Assistance District/Area that would permit the Association to perform improvements of private common property of the homeowners association and finance it through City sponsored borrowing. - Such districts are permitted under Minnesota Statutes and ,while they are unique from special assessments, function in a similar manner, with the repayment of the cost of the financed improvements being paid as a part of the property taxes for the units within the association. - The Cedar Bluffs Homeowners Association has met with staff from the City and Dakota County CDA to discuss the possible application of the tool and whether other CDA programs would be available to assist in the improvements. The Association continues to consider its options in this regard, but in the meantime, it is the recommendation of the City and CDA staffthat the City Council authorize the preparation of a policy under which such requests would be considered if a petition were to be brought forwazd for such a district in the future. - In reviewing the application of this tool, CDA staff indicated that the City of St. Louis Park has a well developed program and policy, which would be an appropriate model for a City of Eagan policy. - It should be noted that the St. Louis Park policy requires a petition from a minimum of 50% of the property owners, while the statute only requires a petition from 25%. City and CDA staff believe that the higher requirement would be appropriate to insure that there is strong support for the use of the tool by a majority of affected property owners. In addition, statute permits the establishment of a district to be stopped by submission of a petition by 35% of the affected property owners. The higher requirement for initiation will minimize the likelihood of the submission of an opposing petition. ATTACHMENTS: Sample HIA Information Sheet on page S3 Housing Improvement Area Finance Tool for Townhome and Condo Association Improvements. A Housing Improvement Areas (HIA) is a defined area within a city where housing improvements are made and the cost of the improvements aze paid in whole or in part from fees imposed on the properties within the azea. • Basically, the Association borrows low interest money from the City; • Permanent, common azea improvements are completed; and • Unit owners repay the loan through fees imposed on their properkies, and collected with property tax payments. This tool can assist with the preservation of the city's existing housing stock. Townhouses and condominiums were constructed primarily in the 1970's and 80's, and comprise 12% of the City's housing stock. The City's Comprehensive Plan notes that "there is a concern that maintenance may be underfunded for some townhouse associations and maintenance issues may arise in the future." As most of the buildings are going on 30 years, deferred maintenance issues are becoming a concern. Highlights of the HIA • Associations must initiate the request. • Improvements must be common area improvements. • This is last resort financing, used when associations have no other viable options for raising money for improvements. • Over 50% of the owners must sign a petition requesting the City Council to conduct a public hearing to consider implementing the housing nnprovement area. • A veto period exists where 35% of the owners can stop the process. • The average market value for units must be at or less than the value of homes in the first time homebuyer programs, in 2004, this is $270,000. If your Association is interested in learning more about this finance tool, please review the application procedure and policy and call the Housing Programs Coordinator at 952- 924-2196. City of St. Louis Park Community Development Dept. ~y Agenda Information Memo August 16, 2005, Eagan City Council Meeting T. APPROVE CODIlVIUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUBRECIPIENT AGREEMENT 2005-2006 WITH THE DAKOTA COUNTY COl•IIVIUNTTY DEVELOPMENT AGENCY (CDAI ACTION TO BE CONSIDERED: To approve the Community Development Block Grant (CDBG) Subrecipient Agreement for the City's 2005-2006 CDBG Program with the Dakota County Community Development Agency (CDA). FACTS: - The City Council approved the submission of the City's Application for 2005-2006 CDBG funding at its meeting of December 13, 2004, for the fiscal year commencing on July 1, 2005. The application covers CDBG eligible activities totaling $239,500. - The action was subject to the execution of a future subrecipient agreement defining the responsibilities of the City and the CDA in carrying out the programs outlined in the application. - The 2005-2006 Subrecipient Agreement has been submitted to the City by the CDA far consideration. The agreement is in substantially the same form as in previous program years. The agreement has been reviewed and is in order for consideration by the City Council. ATTACHMENTS: None. sS Agenda Information Memo August 16, 2005 U. WETLAND EXEMPTION FOR GOPHER COMMONS ACTION TO BE CONSIDERED: Receive Wetland Delineation Report & Approve Wetland Exemption -Gopher Commons. FACTS: • Minnesota Wetland Conservation Act Rules provide exemption standards for various activities and conditions; • The Rules do not require replacement plans for activities in Incidental Wetlands, which are wetland areas created solely as a result of "actions by public and private entities that were taken for a purpose other than creating the wetland" (MN Rules 8420.0122 Subp. S.C.); • A thorough and complete wetlands delineation report, which analyzed aerial photos from 1937 to present, was completed June 30, 2005 by a Professional Wetland Scientist; • One wetland area-most likely created by the presence of adjacent spoil piles and the underlying dense spoil material-was identified on the site; • Gopher Smelting and Refining Company has applied to the City for an Incidental Wetlands exemption for the Gopher Commons project, a historical gravel pit and storage area on the southwest junction of Yankee Doodle and Dodd roads; • Project work on the site would require complete fill of the wetland area; ATTACHMENTS: • LGU Findings of Fact, page ~. S6 1. Type of deternvnation requested (check those that apply): X Exemption (WCA Exemption # S.C. X Wetland Boundary and Type 2. Description of Wetland(s) with proposed impact: a. Wetland Type (Circulaz 39) 3 (Cowazdin) PEMCx b. Wetland Size 14,530 sg. ft. c. Size of Proposed Impact (acres and square feet) 14,530 sq_ft. No-Loss Replacement Plan 3. Have sequencing requirements been met? Attach Sequencing Finding of Fact as supporting information. ^ Yes ^ No (if no, list why) N/A 4. Is the project consistent with the intent of the comprehensive local water plan and/or the watershed district plan, the metropolitan surface water management plan and metropolitan groundwater management plan, and local comprehensive plan and zoning ordinance? ^Yes ^ No (if no, list why) N/A 5. How will the project affect the following wetland functions: N/A Functions Impact Floodwater Storage Nutrient Assimilation Sediment Entrapment Groundwater Recharge Low Flow Augmentation Aesthetics/Recreation Shoreland Anchoring Wildlife Habitat Fisheries Habitat Rare Plant/Animal Habitat Commercial Uses No Impact Improve 6. For replacement plan or no-loss detemunations, are wetland functions maintained at an equal or greater level? ^ Yes ^ No (if no, list why) N/A 7. Is approval of the activity proposed in item 1. recommended? ® Yes ^Yes, with Conditions ^ No (if no, list why) If no, why? SIGN J ~~ ~ v.~ LGU Repre ntati a (D te) LGU Findings of Fact.doc ~~ Page 1 of 1 (August 2005) Date:08/09/2005 LGU: City of Eagan County: Dakota LGU Contact: Eric Macbeth Project Name/#:Gopher Commons Phone #: 651.675.5300 Location of Project: N 13 27N 23W '/< '/< %i Sec. Twp. Range Lot/Block City: E~ County: Dakota Agenda Information Memo August 16, 2005 V. CONTRACT OS-03, CHANGE ORDER #2 (WELL #21) ACTION TO BE CONSIDERED: Approve Change Order #2 to Contract OS-03 (Well #21) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract OS-03 provides for the drilling and development of a 2°a water supply well along with the installation of related pumping equipment to be co-located at 3616 Ashbury Rd. (existing Well house #11). • The Council awarded the contract for this well on January 18, 2005. • This Change Order provides for a water meter head that provides for both a pulse and a 4-20 mA output signal allowing the well's operational data and interactive controls to be telemetered to the new Water Treatment facility (ADD $1,492). This will be financed by the City's Utility Water Supply Capital Improvement fund. • This change order has been reviewed by the staff and found to be in order for favorable Council action. SB" Agenda Information Memo August 16, 2005 W. WETLAND CLEANUP -STEEPLECHASE ADDITION ACTION TO BE CONSIDERED: Approve A No-Loss Determination For Wetland Cleanup (Steeplechase Addition). FACTS: Minnesota Wetland Conservation Act Rules allow certain activities within wetlands provided they don't result in loss of wetlands; The Rules require local governments to make no-loss determinations if requested by the landowner and if either: A. Work will not impact wetland; B. Excavation is limited to removal of debris (i.e., trees, logs, stumps, trash), provided original cross-section of wetland is not altered; C. Temporary or seasonal water level management activities will not result in conversion of wetland; D. Activities are in a surface impoundment for waste material or water treatment; E. Activity is part of approved replacement or banking plan; F. Activity is limited to excavation and removal of deposited sediment or contaminated substrate; or G. Project is an impact rectification (MN Rules 8420.0220); • Toll Brothers, Inc. has applied to the City for a No-Loss Determination for the Steeplechase of Eagan project; • Project work would entail excavation of a sediment delta and clearing of dead trees in City Pond LP-56 in the southeast corner of the site and clearing of dead trees in City Ponds LP-7.3 and LP-7.5 in the south central portion of the site. ATTACHMENTS: • LGU Findings of Fact, page ~. ~9 Location of Project: SE 33 27 23 '/, '/, '/, Sec. Twp. Range Lot/Block 1. Type of determination requested (check those that apply): Exemption (WCA Exemption # ) X No-Loss Wetland Boundary and Type Replacement Plan 2. Description of Wetland(s) with proposed impact: a. Wetland Type (Circular 39) 3 & 4 (Cowardin) b. Wetland Size < 10 ac c. Size of Proposed Impact (acres and square feet) N/A Have sequencing requirements been met? Attach Sequencing Finding of Fact as supporting information. ^ Yes ^ No (if no, list why) N/A Is the project consistent with the intent of the comprehensive local water plan and/or the watershed district plan, the metropolitan surface water management plan and metropolitan groundwater management plan, and local comprehensive plan and zoning ordinance? ^Yes ^ No (if no, list why) N/A How will the project affect the following wetland functions: Functions act No Impact rove Floodwater Storage X Nutrient Assimilation X Sediment Entrapment X Groundwater Recharge X Low Flow Augmentation X Aesthetics/Recreation X Shoreland Anchoring X Wildlife Habitat X_ Fisheries Habitat X Rare Plant/Animal Habitat X Commercial Uses X For replacement plan or no-loss determinations, are wetland functions maintained at an equal or greater level? ® Yes ^ No (if no, list why) Is approval of the activity proposed in item 1, recommended? ® Yes ^Yes, with Conditions ^ No (if no, list why) If no, why? 8. SIG 'IlLTRE ~" G t OS LGU Re~en rive Date) 6~ Page 1 of 1 LGU Findings of Fact.doc (August 2005) Date:8/9/2005 LGU: Ci of Eagan County: Dakota LGU Contact: Eric Macbeth Project Name/#:Steeplechase of Eagan Phone #: 651.675.5300 Agenda Information Memo August 16, 2005 X. CONTRACT OS-OS, LONE OAK DRIVE TRAIL IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the Plans and Specifications for Contract OS-08 (Lone Oak Drive Trail Improvements) and authorize the solicitation for a competitive bid opening at 10:30 am, September 15, 2005. FACTS: • Contract OS-08 provides for the construction of a bituminous trail along the west side of Lone Oak Drive, from Lone Oak Road to Lone Oak Parkway (Project 922). • On June 7, 2005, the feasibility report for Project 922 was presented to the City Council and a Public Hearing was scheduled for July 5 to formally present and discuss the report with the adjacent property owners. • On July 5, 2005, the City Council opened and continued the Public Hearing to July 19, 2005 at the request of the petitioner. • On July 19, 2005, the City Council held a public hearing for Project 922. After presentation of the project and public comment from a representative of CSM Corporation, the Council approved the project (without the Alternate to construct trail along the USPS parcel on the west side of Lone Oak Parkway) and authorized preparation of detailed plans and specifications. Direction was given to pursue a potential trail along the east side of Lone Oak Parkway for later consideration. • The plans and specifications for construction of a bituminous trail along the west side of Lone Oak Drive, from Lone Oak Road to Lone Oak Parkway, have been completed by the City Engineer and are being presented to the City Council for their approval and authorization for the advertisement of bids. ISSUES: At the City Council's direction at the close of the public hearing on July 19, 2005, city staff has been working with the petitioner of Project 922, CSM, to get a new petition that includes a trail along the east side of Lone Oak Parkway between Lone Oak Drive and Northwest Parkway (across the street from the USPS parcel). The construction of these two trail segments combined under one contract would provide an economy of scale that would likely reduce the construction costs and the associated assessments to each property. To date, city staff has not received a petition for this additional trail segment. A field review of the boulevard along the east side of Lone Oak Parkway between Lone Oak Drive and Northwest Parkway currently has existing curb cuts for future pedestrian ramps, indicating the expectation of a trail or sidewalk along this roadway segment at the time of the initial construction. If the Council would like to proceed with this additional trail segment before receiving a petition, they could schedule a public hearing for Sept. 20 and continue consideration of going out for bids for Cont. OS-08 until after the outcome of the new public hearing allowing the two segments to be combined, if approved. It should be noted that, if this additional segment is advanced without a petition, it will require a 4/5th vote of approval at the public hearing. 6/ Agenda Information Memo August 16, 2005 Eagan City Council Y. EXTENSION OF CONDITIONAL USE PERMIT - SPECTRUM DEVELOPMENT GROUP, LLC ACTION TO BE CONSIDERED: Y. To approve aone-year extension of a Conditional Use Permit for a hotel in the BP, Business Park zoning district, on property located at 2775 Blue Gentian Road, legally described as Lot 3, Block 1, Spectrum Business Park, in the NW '/4 of Section 2. FACTS: • The Conditional Use Permit was initially approved by the City Council on September 3, 2002, and received extensions on September 16, 2003 and August 2, 2004. • The applicant is requesting another one-year extension of the CUP approvals to allow additional time to make use of the CUP and develop the property with the hotel use. • With the one-year extension, the expiration date of the CUP will be September 3, 2006. • A letter from the applicant is attached. ATTACHMENTS (1): Letter from Spectrum, page ~~ ~~ DEVELOPMENT GROUP, LLC August 1.2005 Mayor Pat Geagan Peggy Carlson. Councilmember Cyndee Fields, Councilmember Mike Maguire, Councilmember Meg Tilley, Councilmember 3830 Pilot Knob Road Eagan, Minnesota 55122 RE: Conditional Use Permit Lot 3, Block 1 Spectrum Business Park Hotel Lot Dear Mayor and Councilmembers: Spectrum Development Group. LLC respectfully requests an extension to its Conditional Use Permit on Lot 3, Block 1 Spectrum Business Park. Spectrum is currently negotiating with several prospects for the above referenced property. We believe that this project will be a welcome addition to our immediate area and to the City of Eagan. If you have any questions, please feel free to contact me. Thank you for your consideration. Si r ~~ ichar V.lti ew President Ce: Planning Department 1000 BLUE GENTIAN ROAD EAGAN, NIN 55121 651.675.0500 • FAY 651.675.2290 63 Agenda Information Memo August 16, 2005 Eagan City Council Z. EXTENSION OF CONDITIONAL USE PERMIT - SPECTRUM DEVELOPMENT GROUP, LLC ACTION TO BE CONSIDERED: Z. To approve cone-year extension of a Conditional Use Permit for a restaurant in the BP, Business Park zoning district, on property located at 1030 Blue Gentian Road, legally described as Lot 1, Block 1, Spectrum Business Park, in the 1VW'/4 of Section 2. FACTS: • The Conditional Use Permit was initially approved by the City Council on September 3, 2002, and received extensions on September 16, 2003 and August 2, 2004. ~ The applicant is requesting another one-year extension of the CUP approvals to allow additional time to make use of the CUP and develop the property with the restaurant use. • With the one-year extension, the expiration date of the CUP will be September 3, 2006. • A letter from the applicant is attached. ATTACHMENTS (1): Letter from Spectrum, page d~ 6~ 1., DEVELOPMENT GROUP, LLC August 1, ?005 Mayor Pat Geagan Peggy Carlson, Councilmember Cyndee Fields, Councilmember Mike Maguire, Councilmember Meg Tilley, Councilmember 3830 Pilot Knob Road Eagan, Minnesota ~ ~ 122 RE: Conditional Use Permit Lot 1, Block 1 Spectrum Business Park Restaurant Lot Dear Mayor and Councilmembers: r I ~ ~. :; ~~i j `ilia, e~ i; 2`~' I ~~ ~l ~. ~l. ~~~~. 1, ~,. Spectrum Development Group, LLC respectfully requests an extension to its Conditional Use Permit on Lot 1. Block 1 Spectrum Business Park. Spectrum is in the process of finalizing documents and architectural plans for development of this lot. Recently we met with Jon Hoenstein and Mike Ridley regarding plans for this site. We are very excited about this project and we believe that it will be a great addition to the Eagan community. If you have any questions. please feel free to contact me. Thank you for your consideration. Sinc •, ~ Rich rd orphew President Cc: Planning Department ]000 BLUE GENTIAN ROAD EAGAN, MN 55121 651.675.0500 FAX 651.675.2290 6s Agenda Information Memo August 16, 2005 Eagan City Council Meeting IV. CONSENT AGENDA AA. ACCEPT FINAL [BASELINE] NOISE STUDY REPORT FROM WYLE LABORATORIES PER THE RECOMMENDATION OF THE AIRPORT RELATIONS COMMISSION. ACTIONS TO BE CONSIDERED: To accept the final [baseline] noise study report from Wyle Laboratories per the recommendation of the Airport Relations Commission FACTS: - Per the direction of the Council at the May 17, 2005 City Council meeting, Wyle Laboratories was retained to conduct a baseline noise study in advance of the opening of Runway 17/35 at MSP International Airport. - City staff worked with Wyle Laboratories to determine the placement often temporary noise monitors across the City, which were utilized in collecting noise data over a 7 day period, from June 14-20, 2005. - In addition to the monitoring sites, the City was able to select 25 grid points across the City which will enable the City to further communicate to residents the proposed impact across the City by the runway. - Wyle's Engineer also conducting monitoring at two MAC Remote Monitoring Towers (RMT) to verify that the community noise level data being collected by the MAC is accurate. - The City Council, upon receiving a presentation by Wyle engineer, Clint Morrow, at the July 19, 2005 City Council meeting, requested that Wyle Labs present the report to the Airport Relations Commission. - Bill Albee, Wyle Labs Project Manager, presented the report to the Airport Relations Commission on Tuesday, August 9. - The Commission reviewed the proposed final report and recommended that additional language be inserted regarding the inherent estimations that are necessary when working with the Integrated Noise Model, as opposed to actual flight data. Chad Legve of the MAC requested that such language be inserted in the report and the ARC concurred. - Wyle Laboratories is making the adjustments per the ARC's request. The final report will be included in the Council's Supplemental Information Memo on Monday, August 15. - The ARC has scheduled a workshop on August 16 to further discuss how best to communicate the findings of the report to the public at the September 15 open house. Plans will also be discussed for posting the report and a summary of the report on the City's Web site. ATTACHMENTS: - A copy of the final baseline noise study report will be provided to the City Council on Monday in the Supplemental Information Memo. ~6 Agenda Information Memo August 16, 2005, Eagan City Council Meeting BB. DIRECT PREPARATION OF AN ORDINANCE AMENDMENT. CHAPTER 2, ADMINISTRATION AND GENERAL GOVERNMENT, REGARDING THE SALE OF PUBLIC PROPERTY ACTIONS TO BE CONSIDERED: To direct the City Attorney's office to prepare an ordinance amendment to Chapter 2, Administration and General Government, regarding the sale of public property. FACTS: - The current City Ordinance regulating the sale of surplus property states that the City Administrator may authorize the negotiated sale of surplus property less than $100 in value. Any property valued over $100 must be offered for public sale. - The Utilities Department has requested to sell a piece of equipment that is no longer needed. This equipment has a value greater than $100. The item could be taken to an auction house; however, the City is limited in that it cannot establish a minimum dollar amount for the equipment. Staff believes the item can command a higher price through a negotiated sale rather than via public auction. An ordinance amendment is necessary to allow greater flexibility in determining the most beneficial method for disposal of surplus property. - An ordinance amendment will identify options for the sale of surplus property and will redefine the value of those items requiring public sale vs. negotiated sale. State statutes give broad discretion to cities with regard to the disposal of surplus property. - Guidelines will continue to be in place that will require City Council action to declare excess property surplus prior to sale unless replacement of the item was requested in the budget as approved by Council. - The draft ordinance amendment will be placed on a future City Council agenda. ATTACHMENTS (0): 67 Agenda Information Memo August 16, 2005 (~ ~ ~ CONTRACT 05-03, CHANGE ORDER #1 (WELL #211 ACTION TO BE CONSIDERED: Approve Change Order #1 to Contract OS-03 (Well #21) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract OS-03 provides for the drilling and development of a 2na water supply well along with the installation of related pumping equipment to be co-located at 3616 Ashbury Rd. (existing Well house #11). • The Council awarded the contract for this well on January 18, 2005. • During the initial drilling of this well, trace odors of a potential contaminant were encountered requiring further testing and evaluation. This testing requires the contractor to stop his operations until a clearance could be obtained from the Health Department. The contract provides for per diem payments ($4,000/day) to the contractor for delays beyond his control. The testing and any potential cleanup was expected to take 5-9.days. • As an alternative, this Change Order provides for a lump sum payment to the contractor (based on bid unit prices) to demobilize his equipment ($10,000) and remobilize back to the site around the end of August ($10,000). This allows the contractor to proceed to another job site and is less than the total claim would be based on a per-diem delay claim. • Subsequent testing found no further evidence of any contaminant and the Minnesota Department of Health has since cleared the site for reactivation of drilling operations. • This change order (TOTAL ADD $20,000) has been reviewed by the staff and found to be in order for favorable Council action. b~ Agenda Information Memo August 16, 2005 Eagan City Council Meeting DD. INITIATE ZONING MAP UPDATE AND WAIVE NOTICE REQUIREMENT ACTION TO BE CONSIDERED: To initiate an Ordinance Amendment updating the City of Eagan Zoning Map and to Waive notice requirement for the City of Eagan Zoning Map Update FACTS: • The last approved update of the City of Eagan Zoning Map occurred September 7, 2004. To properly maintain the Zoning Map, it is suggested that the City Council initiate a yearly update of the map, incorporating approved changes and recommendations that have occurred since its last publication. • City Code Chapter 11, Section 11.50, Subd. 5 (D) allows the City Council to waive public hearing notification requirements for acity-wide rezoning initiated by the Advisory Planning Commission or City Council. • The Advisory Planning Commission will hold a public hearing for the Ordinance Amendment (Zoning Map Update) at their regularly scheduled hearing on August 23, 2005. ATTACHMENTS: None 62 Agenda Information Memo August 16, 2005, Eagan City Council Meeting EE.APPROVE COMMENTS TO THE CITY OF ROSEMOUNT REGARDING THE COMPREHENSIVE GUIDE PLAN AMENDMENT FOR GLENROSE OF ROSEMOUNT ACTION TO BE CONSIDERED: To approve comments to the City of Rosemount regarding the Comprehensive Guide Plan Amendment for G1enRose of Rosemount. FACTS: - The City of Rosemount has distributed notice of a Comprehensive Guide Plan Amendment to reguide an eleven acre parcel on Hwy 3 north of downtown Rosemount from apublic/institutional use to urban residential for development of 76 townhouse units. Adjacent municipalities and affected agencies may comment on such amendments. - While the property is not directly adjacent to the City of Eagan, staff is recommending that the City Council authorize the submission of the following comment on the City's behalf The City of Eagan is recognizes that pressure for development will result in continued development in the City of Rosemount and other communities to the south and east of Eagan. The City is concerned about the traffic impacts of continued development along Hwy 3 and believes that there is a need for the cities, Dakota County, the region and the state to cooperatively address the need for transportation improvements in this part of the County and region between County Road 42 and I-494. ATTACI~H';NTS: None. 70 Agenda Information Memo August 16, 2005, Eagan City Council Meeting VII.OLD BUSINESS A. REZONING, PRELIMINARY SUBDIVISION, AND PRELIMINARY PLANNED DEVELOPMENT - CEDARSTONE DEVELOPMENT ACTIONS TO BE CONSIDERED: To accept Wetland Delineation report for Cedarstone development. To approve De Minimis Exemption for Cedarstone development. To approve (OR direct findings of fact for denial) Rezoning of 5 acres from Agriculture to PD, Planned Development for property located at 1055 Wescott Road in the SW i/4 of Section 14. To approve (OR direct findings of fact for denial) a Preliminary Subdivision to create 8 lots on property located at 1055 Wescott Road in the SW '/4 of Section 14; Subject to the conditions in the staff report. To approve (OR direct findings of fact for denial) Preliminary Planned Development to create two twin homes (4 units) and three single family lots for property located at 1044 Wescott Road in the SW %4 of Section 14; Subject to the conditions in the staff report. REQUIRED VOTE FOR APPROVAL - Majority of Council Members present FACTS: Bold items are new information - At the regular City Council meeting on July 19, 2005, this item was continued to the August 16, 2005 regular meeting to address the wetland issues. - The applicant has withdrawn the original application for wetland replacement and modified the proposal to avoid wetland replacement requirements. - The applicant submitted revised plans; Lot 9 has been removed to eliminate impact on the southeasterly wetland and the encroachment on the wetland buffer has been eliminated by reducing the front setback for Lots 6 and 7 from 30' to 20'. ~i - At the Council's request, the neighborhood representative sent a letter indicating neighborhood issues, the applicant responded (attached). Staff suggests the Council carefully consider one of the suggested requirements. Please see the Issues portion of this cover sheet. - At the regular City Council meeting on December 13, the applicant withdrew the application for rezoning to Planned Development, Preliminary Subdivision to create 8 lots and a Preliminary Planned Development for 14 twin homes. - The current Site Plan depicts access for the development onto Wescott Road via a new public street. The proposal includes 3 twin home units and 3 single family units. Public street access for the possible future development of the adjacent 5-acre property to the west (Parce1030-53) is possible. - The Advisory Planning Commission held a public hearing on June 28, 2005 and is recommending denial. ISSUES: - Among other things, the neighborhood has requested a minimum 30' setback from the north property line for the proposed single family homes. Because the north end will have single family homes adjacent to single family homes, staff suggests the Council consider maintaining standard setbacks in that area. - The APC concluded the proposed Planned Development provided little benefit to the City and doesn't meet the Planned Development criteria, may not be consistent with the surrounding area, and units encroached on a wetland and wetland buffer. - The APrC recommended denial of the proposal based on the consensus that the applicant did not sufficiently test the avoidance option and suggested several alternative designs (fewer units) for consideration. The APrC would also like the site redesigned so there is no encroachment on the wetland buffer to the south (applicant has addressed this issue). 60 DAY AGENCY ACTION DEADLINE - October 5, 2005 (Includes 60 day extension) ATTACHMENTS (5): Revised Site Plan on page ~ ~/ Letter from neighbor with developer's response on pages through ~! June 28, 2005 APC minutes on pages through g~ Staff Report on pages g ~ through June 20, 2005 APrC minutes on pages through ~~ 9 ^'°'"'°° NVId 3115 1V111WBf1S NOISIAIUBf1S AaVNIWf1321d ONV ; ~ S~ ~~ u " ~ ° ° ~; ~ "~a '9NIN023a '1N3WdOl3A34 U3NNYld 3 t~t ~ ~,}g =;' , a - ~ ; ~ • ~~~ nan.nin . tl10S3NNIW 'Ntl'Jtl3 '~" a ~ ~'~ .9 ~8 b ~ n -, a .~'~ ~~ ~ •yM .w••~a OtlOtl ll0753M SSOt ~ d 3 0 " ~ y $ V u. e~t~=~ ••t +n"«• ra .I"r, ~•"', ":~ ~ 110~53M ~0 3NOlS2lVQ3~ ~' " - =- "6 ~~ ~ ~ a ~ $ ~ e H C C C uew tC ~ ~ ~ _ .,--~ o is ~ ~ ~_ ; - ~ e qg ~~y : ~~ ~c+ 400 fee ~ ~ ~ ~ oy o 'oo~ ~ ~ ,. ° g ~0gr ~ ~~ S Y~g ~~~ ~ 15 So ~ ~ g~ ~1~~4a3~z= a~g~ w ~~c..a~o D. a ~ ~ ~ ~ a g u ~ 4 _~~ ~ ~~~~ ~ 6~: I ~ I ~ I ~ ffi ~~ ~ ~g St ~ ~F{ ~~(( w < .o ~8 ~ 8 ~~ ~ gY Gg' ~ m §3 3"~ N z ~ ~ ~ ~ ~~ ~~ e~ ~~; z ~~ ~ a ~~ Y Y° ` az^„ ~J i~ au~ 8~~ ~ Yio Y Yu' a~ gi n . n ~ v -~ - - I I - ~:. T ~. a ~a ~ 1 Grp W ~ f~ '~~ S~ I u .sin >: Wa, s~ ~ I ~~x / ~ 't ~ a ' , ~~+----~ .,.ice Y.v w.. ~ti~I ry ~ - ~ 11 ~ i 4 c ! ~ ~~Q o .vj mrn ~ `I ~ I ~ 'I ~ 'mom I ~gJI •I .m ouu :(. ~ I~~~ 6 2JJ ~' I I 3 n zx ~ ~. II~ MrB135 mme~ ~ - -. -- -- --- 1`r '~I as .ol - i f ~ ~:_ _ __ __ -_ _ __~;~ I ~ I\. I L I psi ~' ,)~I ~I I V I'I~I / . ~ ~g ~ ~,~~1 ~ ~I fn X ICI ~ I `)~NIQ-~Ig ~ N ~- ~ r~-r~ I- - fit.\.!/'/ I ~3 3. sli,l I o 1 I ~ I I -- 11 I ~ II~`I. o I f ~~ ~ L ~: I ~- _-. ~i p CS u g g I I I ,I~ 4` ~I `~ 306 P I k ~, ///YYY I y, i' '; ! I e J I ~ ~ ~ ~-e ~ ~, -.-1,- 11; I , I L. r. ~' - - ~. _.... L----- ---- ---,~_ ~~ _~~.~, .. Jll .. ~_ . ~r=~ .~ ~ _. 10'Ot[ 3,90.9S.aBN i $ I" g 4~ ~, ~_ $ ~~ ~I3 b~~ t; ~., ~.i a a. VJ - - - - - ~--- - -ri/ Sue Vruno 3708 Cardinal Way Egan, MN 55123 July 22, 2005 Dear Mr. Plautz, The neighbors north of the proposed Cedarstone of Wescott development have the following requests and questions relating to the development of this property. Requests 1. The neighbors are requesting a privacy berm at the north and west end of the property. This berm would include non-deciduous trees and bolder landscaping that is present throughout four seasons. The purpose of this berm and landscaping would be to protect privacy and deflect headlight intrusion of the properties that abut lots 1 and 2 of Cedarstone of Wescott. We intend to do an evergreen shield to screen the western corner of the north property line. We do not, however, have bolder landscaping planned for that area. We are intending to keep the property as natural as possible and since our houses are now far enough off the back property we feel this shouldn't be too much of an intrusion on the neighbors to the north. 2. The neighbors request that the developer state in the planned development the minimum distance that the two single family homes can be set back from the property line and that the developer be held to this distance once the land is developed. Currently it appears that this distance is approximately 30 feet. It is unclear to us if this distance includes future decks and porches. We would like this 30 foot distance to be measured from the back property line to any potential decks and porches. In other words, a 15 foot deck or porch could not be added at a later date onto the footprint of the house, thus really changing the back property line back to the previous 15 feet that the twin homes were to be set. An even greater distance would be appreciated. Currently there is approximately 95- 100 feet between the end of the decks and the end of the property line of the homes that about lots one and two. Maintaining a greater distance from the property line to the new home will maintain the standards that the neighborhood now has. We wouldn 't have a problem keeping the buildings, including decks and porches, a minimum of 30' off the back property line. 3. The neighbors request that a minimum number of trees be removed or relocated. If trees are removed near the property lines of the north neighbors, they would be replaced with trees of equal or greater value at the time of planting. Not anticipated growth. I think that falls into our plan as well. ~v 4. The neighbors expect that this new neighborhood will not cause increased drainage on the lots to the north of the proposed development. We request that careful planning for water drainage be done prior to ground break. Currently water drains east to west in excessive amounts during rainstorms on the lotlines between the neighbors and the proposed development. Our engineering plan addresses this issue. We certainly will not be putting more water onto the neighboring properties, and if anything, this should improve things. 5. The neighbors feel strongly that the proposed development maintains the lands current character and that there will be minimal impact on the wetlands and trees on the property. This is our plan as well. If it makes anyone feel any better, we've lost one more unit due to wetland concerns. Questions 1. The neighbors would like clarification of the road leading to the north end of the property. On the plans it is labeled as a shared driveway. Will this allow for emergency vehicles and parking around the homes on lots one and two? Yes. 2. Would squaring the home on lot one be a better option for privacy for the neighbors at 3704 Cardinal Way? At this point we feel the angled house gives our site more character and less conformity and we are not really interested in changing that. It would seem that it gives more space between the property line the way it is. 3. Once the plan is accepted by the City Council, can the style and size of the homes be changed from the proposal? We would suddenly not like to find an oversized home very close to the property lines. We would certainly not begetting any closer to the north property lines. The style would certainly have to stay consistent with the development. Thank you for the opportunity to express our concerns and consider our requests. The neighborhood group feels this is an improved plan from the high density plan previously submitted. If our requests can be met we would welcome Pat Plautz and his development as our neighbors. Sincerely, Sue Vruno Neighborhood representative ~s August 8, 2005 Patrick Plautz Cedarstone Development 1004 S. Wedgewood Lan Eagan, MN 55123 Dear Ms. Vruno: Thanks for your input. I responded as best I could to your requests and concerns and I believe we are on the same wave length on most issues. Most of your engineering and wetland issues have already been dealt with on our plan. We are trying to leave as much natural as possible. You will note that we now have only 5 units on the front end as we lost one more unit to unbeknown wetland issues. We look forward to being neighbors. Sincerely, Patrick Plautz ?6 MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA June 28, 2005 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, June 28, 2005 at 6:30 p.m., at the Eagan Municipal Center. Present were Chair Heyl, Members Bendt, Chavez, Dugan, Hansen, Matthees and Alternate Keeley. Also present were, City Planner Mike Ridley, Planner Sheila Cartney, Planner Pam Dudziak, City Attorney Bob Bauer, Assistant City Engineer John Gorder, and Recording Secretary Camille Yungerberg. AGENDA City Planner Ridley stated item B would be reviewed at the August 2, 2005 City Council Meeting. Member Gladhill moved, Member Bendt seconded a motion to adopt the Agenda as amended. All voted in favor. Motion carried 7-0. May 24, 2005 ADVISORY PLANNING COMMISSION MEETING MINUTES Member Hansen moved, Member Chavez seconded a motion to approve the May 24, 2005 Advisory Planning Commission Meeting minutes. . All voted in favor. Motion carried 7-0. lll. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) IV. PUBLIC HEARINGS New Business A. Cedarstone of Wescott Applicant Name: Cedarstone Development Company Location: 1055 Wescott Road; 100140004153 Application: Rezoning A Rezoning of approximately 5 acres from A, Agriculture to PD, Planned Development. File Number: 14-RZ-01-06-05 Application: Preliminary Planned Development A Preliminary Planned Development to create a mixed use of Three (3) townhomes and two (2) single family homes. File Number: 14-PD-02-05-05 ~~ City of Eagan Advisory Planning Commission Meeting Minutes June 28, 2005 Page 2 Application: Preliminary Subdivision A Preliminary Subdivision of 4.62 acres to create 9 lots. File Number: 14-PS-03-05-05 Planner Cartney introduced this item and highlighted the information presented in the City Staff report dated June 21, 2005. She noted the background and history. Patrick Plautz, Cedarstone Development discussed concerns of the previously submitted plan and changes that have been made. He stated a homeowners association will maintain the driveway of the twin homes as well as the snow removal. Chair Heyl asked Mr. Plautz to explain his response to issues raised by the Park Commission. George Abernathy, Alliant Engineering stated they can address the Park Commissions request and attempt to satisfy concerns of the wetland encroachment. Chair Heyl opened the public hearing. Erwin Dahl, resident to the east of the proposed asked how the property will affect the drainage of his property. Sue Vruno, 3708 Cardinal Way asked the City to be cautious of the drainage of the property, especially after recent storms. She also stated this plan is an improvement from the previous plan. There being no further public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Mr. Abernathy displayed the Storm Water Management Plan and explained drainage details including added storage and stated the plan has been approved by the City. Assistant City Engineer John Gorder explained that a primary and secondary overflow have been provided to offset the drainage concerns. Chair Heyl stated the proposal is a definite improvement; however she is still concerned with the environmental issues. She stated 45% of trees are still being removed and encroachment of the pond exists. She stated the proposal still does not appear to fit the property and does not meet conditions A, C, D, and E of the Subdivision, City Code 13.20 Subd.6. She also stated that the site is too crowded, they are trying to get too many units on this lot. Member Chavez stated he does not disagree with the density, however he does disagree with the use of the property. He agreed with Chair Heyl in that the proposal does not meet the conditions. Member Gladhill agreed and didn't see what the benefit to the city was to do a Planned Development ~s City of Eagan Advisory Planning Commission Meeting Minutes June 28, 2005 Page 3 Member Gladhill moved, Member Chavez seconded a motion to recommend denial of a Rezoning of approximately 5 acres from A, Agriculture to PD, Planned Development because the following requirements have not been satisfied: City Code Chapter 11.60, Subd. 18, A. 1. Providing greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. 3. Encouraging a more creative and efficient approach to the use of the land. 4. Encouraging the preservation and enhancement of desirable site characteristics, natural features, and open space. City Code Section 13.20 Subd. 6 A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. A vote was taken. Aye- Chair Heyl, Members Matthees, Chavez, Hansen, Dugan, and Keeley. Nay- Member Bendt. Motion carried 6-1. Member Gladhill moved, Member Chavez seconded a motion to recommend denial of a Preliminary Planned Development to create a mixed use of three (3) townhomes and two (2) single family homes because the following requirements have not been satisfied: City Code Chapter 11.60, Subd. 18. A. 1. Providing greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. 3. Encouraging a more creative and efficient approach to the use of the land. 4. Encouraging the preservation and enhancement of desirable site characteristics, natural features, and open space. City Code Section 13.20 Subd. 6 A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. '79 City of Eagan Advisory Planning Commission Meeting Minutes June 28, 2005 Page 4 E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. Chair Heyl added opposition to the encroachment of the pond on the center units. She also stated too much is being placed on the property and she does not support granting of the variances. A vote was taken. Aye- Chair Heyl, Members Matthees, Chavez, Hansen, Dugan, and Keeley. Nay- Member Bendt. Motion carried 6-1. Member Gladhill moved, Member Chavez seconded a motion to recommend denial of a Preliminary Subdivision of 4.62 acres to create 9 lots because the following requirements have not been satisfied: City Code Chapter 11.60. Subd. 18, A. 1. Providing greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. 3. Encouraging a more creative and efficient approach to the use of the land. 4. Encouraging the preservation and enhancement of desirable site characteristics, natural features, and open space. City Code Section 13.20 Subd. 6 A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. C. That the physical characteristics of the site including, but not limited. to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. A vote was taken. Aye- Chair Heyl, Members Matthees, Chavez, Hansen, Dugan, and Chavez. Nay- Member Bendt. Motion carried 6-1. 8'D PLANNING REPORT CITY OF EAGAN REPORT DATE: June 21, 2005 APPLICANT: Pat Plautz PROPERTY OWNER: Same REQUEST: Rezoning, Preliminary PD, Preliminary Subdivision CASE: 14-PD-02-OS-OS HEARING DATE: June 28, 2005 APPLICATION DATE: June 8, 2005 PREPARED BY: Sheila Cartney LOCATION: 1055 Wescott Road COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: A, Agriculture SUMMARY OF REQUEST The applicant is requesting approval of a Rezoning of five acres from Agriculture to Planned Development, Preliminary Planned Development to create 3 twin home buildings (6 units) and two single family lots and a Preliminary Subdivision to create 9 lots on property located at 1055 Wescott Road in the SW'/4 of Section 14. AUTHORITY FOR REVIEW Rezoning: City Code Chapter 11, Section 11.50, Subd. 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 oftwo-thirds of all members of the council. 2. The City Council shall not rezone any land or area in any zoning district or make any other proposed amendment to the zoning ordinance without first having referred it to the planning commission for its consideration and recommendation. Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: g/ Planning Report - Cedarstone June 28, 2005 Paee 2 A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." Planned Development: ~~ Planning Report - Cedarstone June 28, 2005 Paee 3 City Code Chapter 11.60, Subd. 18, A., states the intent of the Planned Development zoning district as follows: Providing greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. 2. Recognizing the economic and cultural advantages that will accrue to the residents of a planned community. 3. Encouraging a more creative and efficient approach to the use of the land. 4. Encouraging the preservation and enhancement of desirable site characteristics, natural features, and open space. 5. Encouraging a development pattern that is consistent with land use density, transportation facilities and community facilities objectives of the Comprehensive Plan. BACKGROUNDIHISTORY The subject property is not platted. An application for rezoning to R-2, residential double, was submitted in March 2004. At the May City Council meeting there was council consensus that the twin home proposal maybe appropriate if handled as a Planned Development and provided public streets. EXISTING CONDITIONS The site is heavily wooded; a single family home and a pole barn are present. Access is via Wescott Road. There is a large pond in the middle of the site. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Desi nation North Single family PD, Planned LD, Low Density residential Develo ment residential 0-4 uJa South Single family PD, Planned LD, Low Density residential Develo ment residential 0-4 ula East Single family A, Agriculture LD, Low Density residential residential 0-4 ula West Single family A, Agriculture LD, Low Density residential residential 0-4 ula 83 Planning Report - Cedarstone June 28, 2005 Page 4 EVALUATION OF REQUEST I. Planned Development Review Planned Development Zoning -The Planned Development zoning district allows the developer to have greater flexibility in the design of the development and the City to require higher standards in exchange for that flexibility. The applicant's narrative indicates that as proposed the development "provides a creative and efficient land use that preserves the natural features of the property and provides economic advantage to residents of the planned community. Preservation of the wetland area will be provided via granting of a conservation easement and remaining open space maintained by the homeowners association. Access to the adjacent properties will be provided via construction of a public roadway." Amenities -There is a conservation easement planned for the pond in the center of the subject site. The pond will be preserved and utilized for resident's enjoyment. There is a path on the east side of the development for residents to use. Homeowners Association -The association will be responsible for maintaining all common area. The association will be responsible for lawn care, snow removal, general maintenance of the ponds and storm water management for the twin homes. The single family homes will not be part of the HOA, but will have a maintenance agreement with the HOA for the shared drive. Bulk Standards - As a Planned Development deviation from typical zoning bulk standards may be allowed. Simply for the purpose of discussion this proposal is reviewed under the R-2 zoning district minimum and maximum standards. Setbacks -The tables below indicates the proposed setbacks for the twin homes and the R-2 standards and the single family proposed setbacks and R-1 standards. Setback requirements are not established in a Planned Development zoning; however, the developer is proposing deviations from the R-2 standards. Setback Twin Homes Ordinance Proposed Front yard 30eet 30+ feet* Side ard: Princi al Structure 0-10 feet 0-10 feet Rear yard: Princi al Structure 15 feet 12-15 feet Side yard: Accessory Structure 0-5 feet 0-5+ feet Rear ard: Accesso Structure 5 feet 5+ feet Between units 20 feet 24 feet * there is convnon area between the lots and the vublic right-of-wav Setback Single family Ordinance Pro osed Front ard 30eet 30+ feet Side yard: Princi al Structure 10 feet 10+ feet Rear yard: Princi al Structure 15 feet 15+ feet Side yard: Accessory Structure 5 feet 5+ feet Rear yard: Accessory Structure 5 feet 5+ feet B5~ Planning Report - Cedarstone June 28, 2005 Page 5 Setbacks are measured from the property line to the structure. The proposed twin homes are platted so that there is common area between the lots and the publicright-of--way. The twin homes are setback 30+ feet from the public right-of--way. The garage for Lot 8 is 27 feet from the temporary cul-de-sac line. Building Coverage -The R-1 and R-2 zoning district allows for a maximum of 20 percent building coverage. The applicant did not provide building coverage calculations. The twin homes clearly exceed this requirement, but are surrounded by common area. In similar developments an overall calculation for building coverage has been allowed. A table should be submitted that provides the breakdown of the maximum building size each lot can have in order to comply with this requirement. The single family homes should not be included in this average and should maintain the maximum 20% coverage per lot. Tf, in the future, home owners want to deviate from the established building coverage a Planned Development Amendment or variance would be necessary. Building Height -Building height is limited to 35 feet in height for twin homes and single family homes. The submitted elevation plans do not indicate building height, as part of the final planned development the height of the buildings shall be established. Staff suggests the development maintain the 35 foot height maximum. Landscaping -Landscaping is not required for single family residential, but is required for tiwn homes. The Landscaping Plan appears adequate. The Landscape Plan shows plantings in the public right-of--way, which is not consistent with city ordinance; however a maintenance agreement can be worked out with the homeowners association in order to allow such plantings. The association should be responsible for maintaining all landscaping within the development. Paxking -The zoning code requires at least two enclosed parking spaces for each dwelling unit. The site plan indicates there are two enclosed parking spaces for each dwelling unit. Exterior Materials -The submitted color renderings do not indicate the building materials. It appears to be some type of siding and brick combination. The applicant should address building materials and submit legible more detailed elevations at the time of Final Planned Development Applications. Li tin -Alighting plan was not submitted, if lighting is proposed a plan should be submitted as part of the Final Planned Development. No light should reflect onto adjacent property or public right-of--way. Si a e - A monument sign is proposed at the entrance of the site. According to the site plan the sign is located in the public right-of--way; the sign ordinance requires a 10 foot setback from the property line and not in public right-of--way. A maintenance agreement with the homeowners association is possible if City Officials deem this acceptable. The sign must comply with the City of Eagan Sign Ordinanice. The sign materials are not identified on the plan, which should $S Planning Report - Cedarstone June 28, 2005 Page 6 be consistent with the building materials. As part of the Final Planned Development a detailed sign plan should be submitted. The sign should conform to monument sign requirements, no more than 7 feet in height with a four foot maximum height of sign area. Advisory Park and Recreation Commission -This proposal was before the Advisory Park and Recreation Commission (APrC) as a development item at the June 20, 2005 meeting. The APrC recommended denial. The denial was based on the consensus that the applicant did not sufficiently test the avoidance option and suggested several alternative designs (fewer units) for consideration. The APrC would also like the site redesigned so there is no encroachment on the wetland buffer to the south. The Planned Development zoning district allows the developer to have greater flexibility in the design of the development and the City to require higher standards in exchange for that flexibility. II. Preliminary Subdivision Proposal -The applicant proposes to develop the 5 acre site with 6 twin home units and two single family detached units, as proposed this will be a single phase development. Conforming Plan -The conforming plan submitted illustrates 121ots conforming to R-2 standards. While the plan shows these lots meeting lot size and width requirements it clearly does not meet other ordinances and would require variances. This site plan also shows a public street on the west side of the property with some right-of--way on the adjacent property. Compatibility with SurroundingArea -The subject site is currently surrounded with single family detached residential uses. Properties to the north and south are fully developed. The property to the east and west are zoned Agriculture and have potential to be developed further. The subject site has a Comprehensive Land Use Designation of Low Density Residential (0- 4u/a). The Site Plan indicates the proposal can achieve the required density. While a twin home development maybe compatible with the area, it would introduce twin homes into a single family. Comprehensive Land Use Plan -The subject site is guided Low Density Residential allowing development of 0-4 units/acre. The Comprehensive Land Use Plan describes Low Density as primarily single family detached housing units, however; some attached housing maybe appropriate provided they comply with density restrictions and other applicable zoning regulations. As part of the Planned Development the applicant is asking for minor deviations to the R-21ot size requirements and setbacks. According to the Comp Plan "the creation of new small lot subdivisions may also be appropriate in situations where: a) a maintenance organization or exterior maintenance provisions strategies are in place, b) the site contains physical characteristics that can be preserved through use of smaller lots and/or cluster design, and c) the development design is consistent with surrounding neighborhoods." As proposed a homeowner's association is necessary to maintain the common area, this agreement could include maintenance provisions. The site does have many large significant trees that could be preserved through smaller lots and cluster design. g6 Planning Report - Cedarstone June 28, 2005 Paee 7 The Comp Plan also discusses physical suitability. This section of the plan suggests that if there aze significant natural features worth protecting, it maybe appropriate to utilize cluster design techniques to minimize disturbance of the natural features of the site. Concluding that cluster design would allow smaller lots in exchange for substantial preservation of the significant natural features within a subdivision. As proposed it is not clear as to whether this exchange is satisfied for the smaller lots and reduced setbacks and type of development. It is up to City Officials to determine if this proposal is compatible with the Comprehensive Land Use Plan designations. Densi -The proposed overall gross density is approximately 1.6 units/acre. The proposed net density (minus 90% of the pond leaving 3.71 acres buildable) is approximately 2.2 units/acre. The property is guided low density residential allowing 0-4 units/acre. Lots -The R-2 district requires a double lot to be 15,000 square feet or a twin home lot to be 7,500 square feet per unit. The lots as proposed are not that of a typical R-2 plat; however, the land area associated with the 6 twin home units far exceeds the 7,500 square foot per unit requirement. There is one parent parcel (Lot 3, 61,394 square feet) that contains lots 4 through 9. Lots 4 through 9 ranges from 4,173 square feet to 4,598 square feet. The intention of the plat is to condo the plat so that the home owners own their home and 10-15 feet around the foot print of the house and the rest is common area maintained by an association. The R-1 district requires 12,000 square feet per lot. Lot 1 is proposed to be 55,386 square feet and Lot 2 is proposed to be 39,422 squaze feet. R-1 lots are to have at least 50 feet of public street frontage; Lot 2 does not have any street frontage which would require a variance to this requirement. R-1 lots should maintain a lot width of 85 feet at the front setback (30 feet) lot one does not meet this requirement; however, the lot is a 55,000 square foot flag lot and does meet the width requirement in the buildable azea of the lot. Grading// Topography -The preliminary grading plan is acceptable. The site is heavily wooded with relatively flat topography, with elevations ranging from 894 to 908 feet. A wetland lies in the middle of the site. The developer should be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. The development is subject to the City's codified land disturbance and erosion control regulations. Storm Drainage -The preliminary storm drainage plan is acceptable. Most of the development's storm water runoff will drain via public storm sewex to a proposed storm water basin before discharging into the existing wetland (Pond JP-43 as designated in the City Storm Water Management Plan) in the center of the site. Pond JP-43 will then discharge to existing storm sewer within Wescott Road. Utilities -The preliminary utility plan is acceptable. A sanitary sewer pipe of sufficient size, depth and capacity is available along the west edge of the site within public easement. The development will connect to this sewer in two locations and will provide a pipe stub to the property to the east (Parcel 050-53) for its future use. 8~ Planning Report - Cedarstone June 28, 2005 Page 8 Existing water main of sufficient size and capacity within Wescott Road right-of--way is available for connection and extension through the development. The developer will provide pipe stubs to the properties east and west for future use. The developer should abandon all existing well and septic systems within the site in accordance with City and County standards. Streets/ Access/ Circulation -The developer is proposing to provide street access to the twin home portion of the development via public street oriented east-west parallel to Wescott Road. The public street will be a minimum of 28-foot in width (face-to-face of curb), with a minimum of 50-foot right-of--way width. Wescott Road is classified as an arterial roadway in the City's Comprehensive Plan and carries about 12,000 vehicles per day. Access management is critical along Wescott Road to preserve its intended purpose of vehicle mobility while maintaining its safety. The two 5-acre unplatted parcels to the east (Parcel 050-53) and west (Parce1030-53) will also require access to Wescott Road with their possible future development. To reduce the number of access points along Wescott Road for these three remaining properties, this development should provide street connections to the adjacent parcels by extending City engineering-standard public streets with dedicated right-of--way through the development from Wescott Road to the parcels, as shown on the preliminary site plan. A temporary cul-de-sac is required on the east end of the public street parallel to Wescott Road, as shown on the preliminary site plan. The developer should be responsible for installation of signage indicating the future street connection east and west to serve possible development of the adjacent properties. A 20-foot wide private drive extending north from the public street is proposed to serve the two single-family lots (Lots 1 and 2) along the north edge of the site. The private drive should be constructed to City code standards and with a vehicle turnaround in accordance with City engineering and fire department standards. A private easement covering this drive should be prepared and executed in a form acceptable to the City Attorney. Easements/ Permits/ Ri t-of--Way -The developer should dedicate temporary public street easement, in a form acceptable to the City Attorney, over the temporary cul-de-sac on the east end of the public street. An entrance monument and landscaping is proposed within the boulevard area of the public right-of--way covering Wescott Road and the proposed public street. The monument and landscaping should be placed a minimum of 10 feet from the curb line of the public street and a minimum of 10 feet from the existing trail on Wescott Road. The developer should provide perpetual maintenance of these features by the development's homeowner's association, through agreement in a form acceptable to the City Attorney. 88 Planning Report - Cedarstone June 28, 2005 Page 9 Water Quality -The subject site is located east of Fish Lake in the City's J-watershed. Some of the storm water runoff generated by the development will drain to a treatment pond that is proposed to be constructed next to the existing wetland in the middle of the parcel. Runoff from the other portion of the development will drain offsite. Minimum requirements for volume and area of water quality treatment ponds are based on the impervious proportion of proposed developments (i.e., land covered by buildings, parking lots, driveways, and walks). The total impervious proportion of this development is 33.2 percent. To meet City water quality requirements, a minimum wet-pond volume of about 0.13 acre-feet would be needed. The pond would have a maximum depth of six feet and a 10:1 aquatic bench beginning at the normal water level. The remaining area of the development that will drain offsite untreated is subject to a cash dedication in lieu of ponding. The majority of the storm water runoff from Lot 1 and a significant proportion of the runoff from Lots 5 through 8 will drain directly to the central wetland on the site. Compared to existing conditions, there will be a high increase in runoff volume to the wetland. In this same area, where the majority of the impact of the development is proposed to occur, the wetland buffer is proposed to be only about 15 feet versus 30 feet, which the City typically requires. As a result, the quality of this wetland, which will become the front yards to 9 new Eagan households, is expected to degrade, despite treatment ponding of storm water from the front aspect of the development. Wetlands -According to a professional wetland scientist (Cert. #0250) there are three wetlands on this site. The largest wetland, which is approximately 0.9 acre (38,576 square feet) in surface area, is in the center of the pazcel. This is a Type 4 wetland, under the standard classification system of the U.S. Fish and Wildlife Service. Type 4 wetlands are inland deep fresh marshes with soils that are usually covered with six inches to three feet or more of water during the growing season. Vegetation includes cattails, reeds, and bulrushes. In open areas, pondweeds, cottontail, and water lilies may occur. It appears units on Lots 6 and 7 may be encroaching on the wetland buffer, the applicant should address this issue. Along the southwest boundary of the pazcel, there is a 2,020 square-foot Type 1 wetland. Type 1 wetlands are seasonally flooded basins or flats. Typically, soil is covered with water or is waterlogged during variable periods but is usually well-drained during much of the growing season. Vegetation varies from bottom-land hardwoods to grasses. The edge of a third wetland is along the southeastern boundary of the parcel. This is a 732 square-foot Type 2 wetland. Type 2 wetlands are inland fresh meadows vegetated primarily by reed canary grass, with some lake sedge and river bulrush. ~9 Planning Report - Cedarstone June 28, 2005 Page 10 None of the wetlands are designated public water wetlands by the Minnesota DNR. Therefore, all are under jurisdiction of the Minnesota Wetland Conservation Act (WCA), which regulates draining and filling of all natural wetlands and excavation of certain types of natural wetlands. This program is administered by the City of Eagan, which acts as local government unit for WCA issues. The developer is proposing to fill entirely both the southwest wetland (2,020 square feet) and the southeast wetland (732 square feet) and replacing those impacts with 2,983 square feet of new wetland credit (minimum 2,752 square feet needed) and 5,320 square feet of public value credit (minimum 2,752 square feet needed). As reviewed in previous Commission meetings, WCA Rules provide for such replacement of wetland impacts as long as "good faith" efforts have been made by developers to consider and essentially rule out "feasible and prudent" alternatives. A process called "sequencing" is required to be used by the City to evaluate alternatives the developer has considered and eliminated. Commissioners will recall that sequencing begins with avoidance and goes in descending order of priority through minimization, rectification, reduction, and finally ends with replacement, versus assuming impact replacement from at the outset. The submitted sequencing "argument" is attached. Staffbelieves the salient Avoidance statement, "Due to the added constraints of providing public street access with associated right- of-way to the properties to the east and west, this layout was not deemed feasible to the developer," is somewhat vague and insufficient to rule out avoidance. Tree Preservation -The submitted tree inventory indicates that there are two-hundred thirty-five (235) significant trees onsite. There are large oak trees (6"-34" diameter) that tota135% of the inventory and large pines, spruces, and cedars (15-45 ft in height) which are also 35% of the inventory the rest of the trees are willow (30" diameter) ,box elder, elm, black cherry, cottonwood, ash, aspen, cottonwood, maple, and birch trees averaging 12" in diameter. As proposed the development will result in the removal ofone-hundred seven (107) significant trees (45.5 % of the total). According to the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal is 44.2% of the total significant trees. This specific allowable removal percentage is calculated based upon the application type which includes 43.5% of the land area is classified as single-family residential, and 56.5% of the site is classified asmultiple-family residential. With a proposed removal more than the allowable amount, the required tree mitigation for this proposal calculates to sixteen (16) Category B trees. A revised Tree Mitigation Plan shall be submitted by the applicant that fulfills this required tree mitigation. Tree mitigation is in addition to any city required landscaping to occur on site. The applicant proposes to preserve by transplanting 6 existing significant trees (tree #'s 25, 31, 39, 115, 125, and 142). These 6 trees are counted on the preliminary tree preservation plan as being preserved. They are to be transplanted to locations within the development site according to the submitted tree preservation plan. 9a Planning Report - Cedarstone June 28, 2005 Page 11 In an attempt to maximize tree preservation, the applicant intends to preserve forty-five (45) trees adjacent to areas to be graded. The preliminary grading plan submitted shows proposed grade lines occurring inside the CRZ of trees that are to be preserved on site (tree #'s 7, 14-16, 22, 30, 47-50, 62, 79-81, 100-109, 117, 118, 131-134, 137-140, 146, 151, 152, I72, 174, 177- 179, 188, and 190). To ensure survival of these preserved trees, staff is recommending that a long-term tree survival plan be prepared by a certified arborist and implemented on all trees with encroachment into the CRZ. Also staff is recommending that the applicant communicate with city forestry staff in the actual placement of tree protection fence around these trees. No encroachment is to occur inside tree protection areas. Parks and Recreation -Parks or trails dedication shall be satisfied through a cash dedication. SUMMARY/CONCLUSION The dpplicant is requesting to rezone 5 acres from Agriculture to Planned Development and develop 6 twin homes and iwo single family detached units. The plat is proposed to consist of 9 lots 6 twin home lots and 1 parent parcel that is comprised of ponds, trails, and common area and two single family lots. An association is planned to maintain the twin home portion of the development. The subject site is currently surrounded with single family residential uses. Properties to the north and south are fully developed. The property to the east and west are zoned Agriculture and have potential to be developed further. Rezoning the subject property to Planned Development allows for further development of this lot. The subject site has a Comprehensive Land Use Designation of Low Density Residential (0-4u/a). While a twin home development maybe compatible with the area, it would introduce twin homes into an area of detached single family. The R-1 and R-2 districts were used for a comparison for this development since the Planned Development district does not have set standards. The proposal vanes in setbacks and lot sizes when compared to the R-2 district requirements. The appropriateness of this use and proposal are for City Officials to determine. ACTION TO BE CONSIDERED To recommend approval to Rezone five acres from Agriculture to Planned Development, for property located at 1055 Wescott Road. To recommend approval of a Preliminary Planned Development to create 6 twin homes and two single family homes on property located at 1055 Wescott Road in the SW'/a of Section 14. Subject to the following conditions: 1. The applicant shall enter into a Preliminary Planned Development Agreement with the City that shall be recorded at the Dakota County Recorder's Office. 2. The applicant shall enter into a Final Planned Development Agreement with the City. The following exhibits are necessary for the Agreement: • Final Site Plan • Final Building Elevations Plan 9/ Planning Report - Cedarstone June 28, 2005 Page 12 • Final Tree Preservation Plan • Final Landscape Plan • Final Lighting Plan • Final Signage Plan • Final building coverages for each lot (table form) To recommend approval of a Preliminary Subdivision to create 9 lots on property located at 1055 Wescott Road in the SW'/4 of Section 14. Subject to the following conditions: The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, B1,2,3,4, C1,2,3, D1, E1 1. The property shall be platted. 2. The developer shall provide a conservation easement in favor of the city, in a form acceptable to the City Attorney. 3. A homeowner's association document shall be provided to the City Attorney prior to final subdivision approval and Lot 1 shall be conveyed to the association. 4. The applicant shall fulfill required tree preservation mitigation through the installation of sixteen (16) category B trees, or an equivalent number of Category A or Category C trees, to be installed on site. 5. The applicant shall preserve, through tree spading, 6 existing significant trees (tree #'s 25, 31, 39, 115, 125, and 142). 6. To ensure survival of preserved trees (on site trees # 7, 14-16, 22, 30, 47-50, 62, 79-81, 100-109, 117, 118, 131-134, 137-140, 146, 151, 152, 172, 174, 177-179, 188, and 190), a long-term tree survival plan shall be prepared by a certified arborist and implemented on all trees with encroachment into the CRZ. Also staff is recommending that the applicant communicate with city forestry staff in the actual placement of tree protection fence around these large preserved oaks. 7. Tree Protective measures shall (i,e. orange colored silt fence or 4 foot polyethylene laminate safety netting) be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site and off-site (i.e. park trees). 8. The applicant shall contact the City Forestry Division and set up apre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 9. The applicant must provide awet-pond with a volume of about 0.13 acre-feet. The pond shall have a maximum depth of six feet and a 10:1 aquatic bench beginning at the normal water level. 10. A cash dedication in lieu of treatment ponding is required for the remaining built area of the development that will drain offsite untreated. 11. A minimum 30-foot natural undisturbed wetland buffer is required around the central wetland. 12. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. 13. The developer shall abandon all existing well and septic systems within the site in accordance with City and County standards. 9a Planning Report - Cedarstone June 28, 2005 Page 13 14. This development shall provide street connections to the adjacent parcels by extending City engineering-standard public streets with dedicated right-of--way through the development from Wescott Road to the parcels, as shown on the preliminary site plan. 15. The developer shall be responsible for the installation of signage indicating the future intention of the public street to be extended east and west to serve possible development of the adjacent properties. 16. The developer shall dedicate temporary public street easement, in a form acceptable to the City Attorney, over the temporary cul-de-sac on the east end of the public street. 17. The private drive for Lots 1 and 2 shall be constructed to City code standards and with a vehicle turnaround in accordance with City engineering and fire department standards. A private easement covering this drive shall be prepared and executed in a form acceptable to the City Attorney. 18. The proposed monument and landscaping within public right-of--way shall be placed a minimum of 10 feet from the curb line of the public street and a minimum of 10 feet from the existing trail on Wescott Road. 19. The developer shall provide for perpetual maintenance of the proposed monument and landscaping within public right-of--way by the development's homeowner's association, through agreement in a form acceptable to the City Attorney. 93 FINANCIAL OBLIGATION-Cedarstone of Wescott- Preliminary Subdivision There are pay-off balances of special assessments totaling $-0- on the parcel proposed to be subdivided. The pay-off balance will be allocated to the lots created by the Subdivision. At this time, there are no pending assessments on the parcel proposed for subdivision. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final Subdivision. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following chazges are proposed. The chazges 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 subdivision. IMPROVEMENT USE RATE QUANTITY AMOUNT Water Trunk S.F. $6,690 Water Lateral S.F. $26.95/F.F. 230 F.F. 6,198 Storm Sewer Lateral S.F. 17.00/F.F. 230 F.F. 3,910 Storm Sewer Trunk S.F. .103/Sq. Ft. 23,108 Sq. $. 2,380 Street Wescott Road S.F. 21.73/F.F. 230 F.F. 4,998 TOTAL $24,176 9~ = --^~_ 13~HS a~nvv ~V111Y18f15 NOISIA106f1S AatlNirif132ld ONV ~ ~ 3 ~ s ; :: o e • _ ~ ' ' .. ~ = ` ~ _ 1N3ridol3A30 03NNYld 9NINaZ32! r, ~ ~ ~ "` c: :` "" rte. u T . ~r'h r..~~ ..~'~"i~+. arw uo~~sv: ~ ~ S . ""-".' ~.°.,... !" . "_-• ~ . _ -. _.. .. _ 1t07S3M j0. 3N015l1VU3J- ri" ~ :. - ~ o ~ I: . _ z 0 F Q U a J ti F 0 U W O O ~I A U t[ C ~ c r (f~ C C r ~ `- ~ O ~ N ~ F ~ ~ s~ Z ~ m m m '-- p F- 1 to m m m F m E ~ ~ n ~ ~ ~ ~ N ~~ ~ ~~ J mZ ~`. Q J :~ ~ V : : Z ; Z ..... . YrL -.- ~ -.Y OtlOH 110~S3AF. ~3 I - .4.. ~ - ~ - TlAS7nOQ"- . ~~ . ~. -- I*; 1 - ---~ - _ --7 ~ -- - ~ 1 . •~ ~ I ~ C ~ 1 -~ ~ ~ ~ ,~ 1 _ I ~~ 1 ; ~ ~ Fi =C -~ ' ' v ~ ~ ^ > . ; ~ . • ~ ail ~ ' ~ • --SS t ~ ~ •` III i •' (~•~ ieo'• ~' f ~ ~ ~ ~ J € ~r i~ _ m I va^ ' 11 11 1 i~ 7 ~~~•• ~ ~ dill . ~`' ~~. 1 ~ ' 4 ~III~ ' ~ 1 I 1I ' ~ I1.1..1 ~ ~f ) ' , 1 111' L ~~ I ~~~11 ~ ' J 1 f ~_ ~i ~~ -. ., .. U ~ .. o .: =n ~ Z- ow J iW ~An W Z~ 3"n u~coo^^ ~~n ~-<N<11•IN y <AFSOO W ~«Hsd~ z i uZ Wp ~ G O O y#j MONO WHO Q o;no rZ~3D ^ J SMNiN ~«ib II.I <W O`2 0 Lii~WL W W C2 _/ W 0 U .Eagan boundary -~=~%f Right-of-way ^^^ ~/~^ ^/~_ //~~ eI r ~_~ Parcel Area ime V tia/ i.~E~ e ~ ~ ~ ~ _ ~-~~~~.'~-~'~.~ Park Arno building Footprint Y ~; Deveiop_ mer~t/Developer. Gedarstone Application: Preliminary S~bd' .ton Case No.: 14-PS-Q~-05-05 M,ap Prepared using _R51 ArcYxwr :.1. Parcel base rua data provided by Dakara Court' Ot}1cc of GS and is nrmnt as c: ~ 2005. THlS MRP t5 INTENDED FOR REFERENCE USE ONLY The City of Eagsn and Dakota Couaty da not guarantee the accuracy of tMs IniormaLon and are 5 C•mm•nny Dw•lopm•rR 6•partm•nc nat responsIhle for errors ar o.nissions. , ~~ 0 1GC-0 ~OC~ Eft Current Zoning and Comprehensive Guide Ptan Land Use Map Zoning Map Current Zoning: A Agriculture f00 0 Ott. 7200 h.t ~ --~-~ 4 2 F Z I m A = e d A v Cedarsfone Preliminary Subdivision Case No. 14-PS-03-05-05 Location 7 D Comprehensive Guide Plan Land Use Map ~ ~1J ~.~ D D D z 0 x Location J n 0 z e LD Current Land Use Designation: o u L LD Low Density Residential QP ® D L D t00 0 .00 7200 F..t D ^ /\ J~ V Cit of Ea an Community Development De~parfment parcel bu. map ~~-ast...y o.partr...K per. 200. byGty 5laK THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. N W~ E 5 Cedarstone of Wescott Project Narrative General Description The Cedarstone at Wescott project proposes to rezone from Agricultural to Planned Development with an underlying application of R-2 zoning. The project proposes to construct six (6) residential double homes to the south and two (2) single family homes to the north within an azea of approximately 5.0 acres. A public roadway will serve the double homes and adjacent properties to the east and west. A private drive will serve the two single family residential homes to the north and access the public roadway. A conservation easement is to be applied over the existing wetland area near the center of the site to guarantee the preservation of that area. The wetland area will not be impacted as a result of this project. Existing vegetation is to be preserved in accordance with the City of Eagan Tree Preservation Ordinance. Comprehensive Guide Plan designation (existing and proposed) The subject property currently has a Comp Plan designation of LD-Low Density (0-4 units/acre). The development plan proposes to construct 6 residential double and 2 single family housing units on approximately 5.0 acres, which results in a density of 1.6 units/acre. Therefore, the project complies with the existing land use designation and an amendment will not be required. Zoning classification (existing and proposed) The subject property is currently zoned A -Agricultural. The development plan proposes to rezone to PD-Planned Development due to multiple housing units and multiple housing types located within a single parent pazcel. The residential double housing units will adhere to an underlying R-2 (Residential Double) zoning and the single family to an underlying R-1(Single Family) for area analysis and setback criteria What yon want to do; timing/phasing The project proposes to commence with clearing and grubbing of the subject azea upon City Council approval of the Preliminary plat and Development Agreement. An August 2005 start date is anticipated based the City of Eagan Entitlements schedule. Construction of the units will be market driven, though will most likely be completed within 1-2 years due to anticipated demands. ~" RECEIVED MAY Z8 1A05 Existing land uses on subject property The majority of the subject azea is primarily undeveloped and heavily wooded. A type IV wetland area occupies the central portion of the project site and amounts to approximately 0.9 acres. Three smaller type I and II wetland areas are located near the southern end of the project site and amount to approximately 0.03 acres. A one-story walkout single family home is located neaz the southwest corner of the property and a pole barn is located immediately west of the larger wetland adjacent to the midsection of the west property line. A single driveway has access onto Wescott Road. Surrounding land uses and zoning within 660 feet Review of the Comprehensive Land Use plan indicates that the subject azea is surrounded by LD-Low Density residential on all sides except for approximately 3-4 acres of QP- Quasi-Public/Institutional to the southwest in the southeast corner of the intersection of Lexington Avenue and Wescott Road. Review of the Zoning Map indicates the subject area is bordered by two 5 acre parcels both zoned Agricultural to the east and west. That entire area of approximately 15 acres, which is zoned Agricultural, is surrounded by PD- Planned Development to the north, south and east. A limited azea of R-1-Residential Single Family is located to the north and west. An area of approximately 3-4 acres is zoned PF-Public Facility to the southwest. What impact does the rezoning have on surrounding property and land uses? The proposed development plan will impact the adjacent properties in a manner typical of any property being converted from an undeveloped to developed state. City services currently serving the adjacent properties will not be adversely affected due to the projects limited scope, identical zoning and similar density. Review of the Zoning Map indicates that only 46.6 acres or 0.2% of the City of Eagan is zoned R-2 Residential Double. Therefore, the proposed development will offer another housing type not readily available in the City of Eagan in addition to two residential homes. The rezoning to Planned Development will allow adjacent Land owners and members of the community to input into the ultimate design of the project given the submittal requirements for a PD, which requires building elevations and floor plans. As such, the project will be able to address individuals concerns regarding building heights and screening of vehiculaz movements within the site. 99 What impact does the rezoning have on the subject property? Rezoning of the subject property to PD will allow for the construction of residential double and single family homes within one master planned azea. The single family homes will have ownership of the entire lot area and be responsible for their maintenance. An agreement between single family home owners will be entered into for maintenance of the common drive area. Rezoning.to a Planned Development will allow for the creation of a Common Interest Community (C.I.C) Plat to be recorded with the County. An Association will have control of all common azeas associated with the Residential double homes and be a point of contact for the City when resolving any potential issue such as wetland or tree preservation once the project is complete. The Association will also be responsible for lawn care, snow removal and general maintenance of the areas surrounding the stormwater management system. What impact does the rezoning have on City services, such as sewer, water, stormwater run-off and roads? Sanitary Sewer The proposed development will be served by an existing 8 inch diameter lateral sewer line which runs the length of the property and pazallels the west property line. It is not anticipated that the 8 units proposed will exceed the available capacity of the existing system. This will be verified with City Staff prior to design of the sewer system. Water The proposed development will be served by an existing watermain located in Wescott Road. An 8 inch diameter line will be extended northerly into the subject azea and provide for fire suppression and domestic services. It is not anticipated that the proposed 8 units will exceed the available capacity of the existing watermain and will be verified with City Staff prior to design of her the northerly lateral extension. Stormwater A drainage area of approximately 14.5 acres, including the subject property, outlets into Wescott Road via a 12 inch flared end located on the southwest corner of the project site. The drainage area can be further divided into three subcatchment areas, each draining to a respective low-point somewhere within its boundaries. Each low-point is routed via corrugated metal pipe towards the 12 inch Hazed end at Wescott Road. The existing system may be prone to temporary obstructions as it is dependent on three corrugated metal pipe connections, each having an inlet located in a wooded area and requiring overland discharge towards the outlet into Wescott Road. /o~ The current development plan proposes to route storm water captured in common drive areas to a pond located near the west side of the existing wetland. The pond will be designed in accordance with National Urban Runoff Program (NURP) design criteria. The pond will be connected to the 12' inch outlet pipe into Wescott Road and a 12 inch flared end will be provided to the land owner to the west. This system will reduce the potential for obstruction as the 12 inch flared end into Wescott Road will be removed and replaced with a direct underground connection. Therefore, drainage for the subject parcel and all area to the north and east should be improved as a result of this connection. The current development plan proposes to design buildings to fit within the parameters defined by the sites natural features such as significant trees and wetlands. Furthermore, the residential double homes anticipates an "empty nest" target market, which generally prefers less lawn area and more vegetation for privacy. As such, the quantity of runoff should be equal to or Less than the amount generated form a typical residential development, which generally prefer larger open areas required for recreation. A preservation easement is currently proposed over the larger wetland area to protect its integrity and hydrologic/hydraulic benefits to the community. Traffic/Roads Review of the Trip Generation manual indicates that approximately 6 trips per day per unit can be anticipated for residential double homes and 9 trips per day per unit for single family homes. Therefore, approximately 54 trips per day (27 in /27 out) is anticipated for the current development plan. Due to the projects proposed access onto Wescott Road near Lexington Avenue and the minor increase in the percentage of trips beyond single family residential, the project should not adversely affect traffic. Does the requested laced use proposed by the rezoning result in a better use of the land? Explain. The requested land use proposed by rezoning is compatible with the surrounding properties and in compliance with the Comprehensive Land Use Plan. The requested zoning of Planned Development will result in a better use of land as single family residential homes will be constructed near similar unit types and the residential double homes to the south will be constructed adjacent to a primary roadway of the community. Thereby, providing a transition in housing types each compatible with their immediate area. An Association will be responsible for maintenance of all common areas associated with the residential double homes via creation of a Common Interest Community (C.I.C) Plat. /off The Association will have control of all common areas and be a point of contact for the City when resolving any potential issue such as tree preservation and stormwater management once the project is complete. The integrity of the existing wetland will also be maintained via dedication of a preservation easement and ongoing observations by Association members. The approval process required for the requested zoning will allow adjacent property owners and residents of the community to input into the design of the project. The project will provide residents of the community wanting to remain in the City with an alternate housing type not readily available in the Community. City services will not be adversely affected. The quality and quantity of stormwater runoff may be improved. Rezoning to the requested Planned Development with an underlying R-2 zoning will result in low impact, secluded neighborhood friendly, environmentally sensitive project that protects the Neighbors' values and standard of living they are accustomed to. /~d Cedarstone of Wescott PD Compliance Statement The Cedarstone of Wescott development plan proposes to construct a residential community of six double homes to the south and two single family homes to the north. It will result in a creative and efficient land use given the natural features of the project site, physical constraints of the property and political constraints of the community. It will result in low impact, secluded neighborhood friendly, environmentally sensitive project that protects the Neighbors' values to the north and standard of living they are accustomed to. The Plan complies with the objectives and purpose of the City of Eagan Zoning Ordinance in that it allows for the creation of a Common Interest Community; provides economic advantage to residents of the planned community, preserves natural features and open space; provides roadway access to adjacent properties and is consistent with the permitted density of the Comprehensive Plan.. Common Interest Community The plan proposes the creation of an Association to be responsible for the operation and maintenance of common facilities associated with the six residential double homes to the south. That area will~be platted as a Common Interest Community (C.I.C) with residents owning only those areas associated with the immediate footprint of their respective living space. Creation and recording of the C.I.C. will occur after construction of individual buildings. The two residential homes to the north will be platted as individual lots, though an agreement with the association for maintenance of the shared drive area will be will be entered into. Platting via the C.I.C allows for greater creativity and sensitivity to environmental features such as the existing wetland area and significant trees species. Residential Double homes can be placed in closer proximity to one another, thereby creating a greater sense of community. Perceived impacts to adjacent properties will also be reduced due to the reduction of internal side yard setbacks. Economic Advantage Residents of Cedarstone of Wescott will be provided with an economic advantage due to the economy of scale of providing snow removal, lawn maintenance and general maintenance of the common spaces for the development. Land Owners will pay their pro rata share for maintenance, which is to be managed by the association and assessed to individual residential double home owners. RECEIVED MAY 181005 /03 M Preserves Natural Features The Cedazstone of Wescott project proposes to place a conservation easement over the azea surrounding the central wetland area as it is an amenity to the project. The conservation easement will permit only specific uses within that area by members of the homeowners association and will prevent activities thought to be detrimental to its integrity. Signage will be posted near the azeas perimeter to further protect it. All significant tree species to be preserved as part of the tree mitigation plan will be the responsibility the association to maintain and protect upon completion of the project. A representative of the Association will be available to work with City Staff should further tree removal of mitigation be required over the life of the project. Roadway Access The project proposes to provide access to the adjacent east and west properties for potential future development via dedication ofright-of--way and construction of a public roadway. Consistent with Permitted Densities The Cedarstone of Wescott project proposes to construct six (6) Residential Double homes to the south and two (2) Single Family homes to the north within a gross lot azea of five (5) acres. The project azea has a Comprehensive Land Use designation of Low Density (LD), which permits 0-4 homes per acres. A density of 1.6 homes per acre is proposed and is significantly less than the surrounding properties. Summary The Cedarstone of Wescott project proposes to provide the City of Eagan with a creative and efficient Iand use that preserves the natural features of the property and provides economic advantage to residents of the planned community. Preservation of the wetland azea will be provided via granting of a conservation easement and remaining open space maintained by the homeowners association. Access to the adjacent properties will be provided via construction of a public roadway. The proposed single family residential lots are consistent with the properties to the north and the residential double homes to the south are appropriate given their proximity to Wescott Road. The requested density is consistent and well within the limits of the Comprehensive Land Use Plan. The requested zoning of Planned Development (PD) is consistent with the surrounding properties. 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This plan also keeps all activities out of the required 30' buffer zones around each wetland as well. Due to the added constraints of providing public street access-with associated right-of--way to the properties to the east and west, this layout was not deemed feasible to the developer. M]NIlv1IZE The Alternate-2 concept sketch which accomplishes m;n;mum wetland impacts is very similaz to the concept which has been submitted to the city. The lazge wetland in the middle is still avoided along with the small wetland along the east property line and its 30' buffer. To accomplish this, the last twin home to the east is cut in half to avoid both the wetland and the buffer. The wetland on the west side would still be impacted for the shared driveway and required public street with access to both the neighboring east and west properties. A proposed 2:1 replacement (2,050 x 2 = 4,050 Sk~~would be proposed along the northeast side of the large central wetland in addition to a NURP pond on the west side of the property to mitigate for any wetland impacts which take place. REDUCE/ELIMINATE IlviPACTS OVER TIlVIE The developer plans to use appropriate erosion control measures to prevent sedimentation and degradation to the remaining wetland on site. Prior to any construction or excavation, silt fence shall be installed to intercept run-off. Immediately following grading of side slopes greater than 3:1, wood fiber blanket (or other slope stabilizing method approved by engineer) shall be applied over approved seed mixture /~s 2 and a minimum 4" top-soil. All seed mix and mulch used on the project will be certified weed free. All erosion control installations shall remain in place and be maintained in good condition by the contractor until the site has been re-vegetated. The contractor is to use best management practices with regards to erosion control - to include the following: 1. Inspect silt fences immediately after each rainfall and at least daily during prolonged rainfall. Immediately repair failed or failing silt fence. 2. Replacement -fabric shall be replaced promptly when it decomposes or becomes ineffective until the barrier is no longer necessary. 3. Sediment removal -sediment deposits should be removed after each storm event. Sediments must be removed when deposits reach approximately one- halfthe height of the barrier. Any sediment remaining in place after the silt fence is no longer required shall be dressed to conform with the existing grade, prepazed, and seeded with~the appropriate seed mix, as d'uected by the engineer. 4. Removal of silt fence -silt fences shall be removed when they have served their useful purpose, but not before the upwazd sloping area has been permanently stabilized. The owner is planning to conduct his construction activities in compliance with all applicable federal, state and local requirements for water resource protection. Once the developer constructs the replacement wetlands, including vegetative cover, and the site grading is completed, there should be no adverse impacts to wetlands on the site or to any of the constructed wetlands. SECTION 4 -MONITORING MONITORING The Minnesota Wetland Conservation Act rules require that the property owner monitor the establishment of a created wetland. The developer of the property shall be responsible for monitoring the wetland annually for a minimum five-yeaz period or until such time as the wetland replacement is deemed acceptable. The developer will provide //6 information to the LGU (City of Eagan) once a year. This information will include a report identifying the donunant plant species growing in the area. Photographs will be taken from the predetermined photo-reference points shown on the wetland mitigation plan drawings (WL-1). Additional points for the photographs may be chosen when the wetland replacement work is completed. The annual report will include: A. Description of the project location, size, plus current (Cowardin classification) and desired wetland type (goal). B. Comparison of as-built with planned wetland creation. C. Water level elevation during the growing season. D. A list of the dominant vegetation in the wetland, including common names of the vegetation exceeding 20% coverage~and an estimate of coverage. E. .Color photographs of the project area taken anytime during the period June through August, referenced to the fixed photo-reference points identified on the wetland replacement plan and labeled accordingly. Refer to Sheet WL-1. WETLAND MAIlVTENANCE PLAN FIRST YEAR Wetland and buffer areas will be walked every three weeks during the growing season and invasive species will be hand pulled. Removed vegetation will betaken ofF site to prevent re-introduction of undesirable species to project site. If conditions are dry, buffer areas will receive a 1-inch watering once per week to help establish deep rooting. More frequent watering will be avoided to prevent plants from rooting too shallow. /i~ 4 SECOND YEAR Wetland and buffer areas will be walked once per month during the growing season and invasive species will be hand pulled. If drought conditions exist, areas will be watered every two weeks. T~iIIZRD YEAR AND SUBSEQUENT YEARS Wetland and buffer areas will be scouted for weeds three times a year until desired wetland goals have been met. Hand weeding will take place early in the growing season, mid-summer and again late in the season. 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F F ~ ~ I; ; _ S ~ .j I F I I £ ~ f i i F;- ~ I III,°o ;le I ' ' __-- - iiI "1 _ '~- ~ I 1 ' ` ~ ' ,I 1 1, ~ OD 1 ~ 1 1 F c ` -- - `~s = '.I i ~...: ~' - - - -~ - c i i •~ 1 I .w I I .~ I ,.~ ~ o~v~ I .~~ • -' ----- I ~ -_I_ _ _ - 8 1 I 1 I 1 1 I 1 - li-'~ J._.. 8 wESCOTT aoa~ Approved as amended July 18, 2005 ADVISORY PARKS COMMISSION EAGAN, MINNESOTA MINUTES OF REGULAR MEETING OF JUNE 20, 2005 A regular meeting of the Advisory Parks Commission was called to order at 7:00 p.m. on June 20, 2005 with the following Commission Members present: Joe Bari, Margo Danner, Terry Davis, Mark Filipi, Duane Hansen, Muhammad Lodhi, Ryan Zipf, Dorothy Peterson and Richard Pletcher. Member Belfiori was not present. Staff included Paul Olson, Superintendent of Parks; Eric Macbeth, Water Resources; Gregg Hove, Forestry Supervisor; Cherryl Mesko, Administrative Coordinator and Lori Kimball, Recording Secretary. APPROVAL OF AGENDA Changes to the agenda included removal of Volunteer Recognition of Friends of the Farm Volunteer and moving it to the July 18 APrC meeting. Added to the agenda, under New Business, was a request that the City reconsider a conservation easement located on the properly of Dan Markes of 4802 Red Pine Court. Member Filipi moved, Member Bari seconded; with all present members voting in favor to approve the agenda as amended. APPROVAL OF MINUTES OF MAY 16, 2005 Member Filipi moved and Member Danner seconded with all present members voting in favor to approve the minutes of May 16, 2005 as presented. VISITORS TO BE HEARD There were no visitors to be heard. SUPERINTENDENT'SDPDATE AND DEPARTMENT HAPPENINGS Superintendent of Parks, Paul Olson, provided an update and overview of items in the parks, recreation and facilities divisions. CONSENT AGENDA There were no items to review under Consent Agenda DEVELOPMENT PROPOSALS CEDARSTONE OF WESCOTT Superintendent Olson provided background information, stating that the applicant is requesting approval of a Rezoning of five acres from Agriculture to Planned Development; a Preliminary Planned Development to create 3 twin homes (six units) and two single family homes and a Preliminary Subdivision to create 91ots on property located at 1055 Wescott Road. Access to the lots will be from a frontage road along Wescott Road and the two single family lots will be accessed by a shared driveway off the frontage road. There is a large pond in the middle of the site. A similar application for 14 twin homes (8 lots) with private streets and no tree mitigation was before the APrC on September 20, 2004. The APrC did recommend approval of that plan. ia~ Advisory Parks Commission Minutes of Regular Meeting of June 20, 2005 Page 2 The applicant is proposing to deviate from the R-2 standards and allow reduced side and rear yard setbacks and lot sizes. The Planned Development zoning district allows the developer to have greater flexibility in the design of the development; the City to require higher standards in exchange for that flexibility. Forestry Supervisor Hove presented new information, replacing the original plan that included tree mitigation. Hove said the number of trees to be removed is equal to the number allowed by the City, so no tree mitigation is required. Discussion revolved around the quality of the trees on site. Hove clarified tree information for commission members as they questioned the quality of trees the developer plans to transplant. A tree inventory submitted with this application indicates that there are two-hundred forty-one (241) significant trees in the inventory. The plan proposes the removal ofone-hundred seven (107) significant trees (44.4 % of the total) and the applicant proposes to transplant 6 existing significant trees on the site. The applicant intends to preserve forty-five (45) trees adjacent to areas to be graded. Staff recommended along-term tree survival plan be prepared by a certified arborist and implemented on all trees with encroachment into the CRZ. Macbeth said this proposed development is located just east of Fish Lake. A majority of the storm water runoff will drain directly to the central wetland on the site. With this plan there will be a higher increase in runoff volume to this wetland, compared to current conditions. In this same area, the wetland buffer is proposed to be only about 15 feet versus 30 feet, as typically required. This wetland will become the front yards to 8 new Eagan households. Macbeth predicted the quality of this wetland will degrade despite treatment ponding of the storm water. Macbeth explained that runoff from the other lots will drain offsite; any remaining amount of untreated water draining offsite is subject to a cash dedication in lieu of ponding. Macbeth told the commission that a professional wetland scientist reviewed the delineation report prepared August 16, 2004 and concluded there are three wetlands on this parcel. All three wetlands are under the jurisdiction of the Minnesota Wetland Conservation Act (WCA), administered by the City of Eagan acting as the local government unit for WCA issues. Macbeth described the wetlands as a large one in the center of the parcel; a smaller one along the southwest boundary and the third along the southeastern boundary of the parcel. The developer is proposing to entirely fill both the southwest and the southeast wetland and replace those impacts by expanding the center wetland. Member Danner reminded the commission there were four wetlands shown on prior information and asked what had changed. Macbeth said the wetland scientist discovered that the two wetlands in the southwest corner were actually one. Macbeth shared the submitted sequencing argument which stated "Due to the added constraints of providing public street access with associated right-of--way to the properties to the east and west, this layout was not deemed feasible to the developer," saying this is too vague and insufficient to rule out avoidance. Chair Davis asked Macbeth to expand on this subject. Macbeth answered that sequencing is to provide a process (feasible and prudent). The actual language used in the developers sequencing plan is not detailed and the city expects more of an explanation of "not deemed feasible". iaa~ Advisory Parks Commission Minutes of Regular Meeting of June 20, 2005 Page 3 Member Peterson asked Macbeth's opinion regarding the requested 15 foot conservation easement. Macbeth responded that 30 feet is not always possible but that the city attempts to maintain that buffer as often as is feasible. Member Peterson suggested a variance for the front yard, allowing it to be closer to the street. Discussion continued regarding the street access and conservation easements relating to the properly. Representatives from Alliant Engineering told the commission a proposed retaining wall would be constructed around part of the larger wetland to save existing trees and keep the grade from affecting the critical root zone. Some trees will be transplanted nearer to the homes. Alliant Engineering opined that the developer is in compliance regarding storm water runoff. They discussed options for dealing with storm water from the twinhomes; describing their ability to catch the water with roof drains or other methods to bring roof water to the street rather than to the wetland. Member Peterson asked about using the storm sewer. Alliant Engineering said there would be no curb and gutter on the private driveway that leads to the single family homes. He also explained that avoidance was not chosen as a sequencing option because the street between the twinhomes and Wescott road is a required public city street so they were unable to make changes to it. Discussion centered on possible options of how to gain back enough lot space so a 30 foot buffer could still be used between the homes and pond. Chair Davis suggested the private drive that will be shared could be narrowed to gain some footage. He also suggested the possibility of bringing the frontage street closer to Wescott. Alliant Engineering said that would most likely not be a viable option. Superintendent Olson said that the city typically doesn't give a variance for this distance between frontage road and primary street because it affects the vehicle stacking space requirements. Member Hansen asked if there is a drop in the grade on the land around the pond. Alliant Engineering answered there is a 2 foot drop to the pond with 2-3 feet of water in the pond 12 months of the year. Member Danner asked how sequencing and avoidance would be affected if a home was not built on Lot 9. Alliant Engineering replied that it would allow fora 30 foot buffer to the existing wetland. When continuing to discuss storm water runoff, Member Pletcher suggested using curb and gutter. Chair Davis concurred, suggesting that curb and gutter be placed along the driveway on the front end of the property to direct the flow of water to the proper place. Member Davis moved, Member Pletcher seconded, with all members present voting in favor to deny the development as proposed. There was a great deal of discussion relative to how the plan might change to maintain the 30 foot buffer primarily behind proposed Lots 6 and 7. There were suggestions to remove one of the lots so that there would only be a single lot in the center of the development and that the lot should be positioned east/west to maximize the opportunity to maintain the 30 foot buffer. Concern was also expressed regarding the anticipaed runoff into the pond and gutters from the buildings on the site. Chair Davis asked the developers to take these suggestions, and make adjustments to bring the proposal back to the APrC. OLD BUSINESS There were no items to review under Old Business. /e?3 Agenda Information Memo August 16, 2005, Eagan City Council B. PLANNED DEVELOPMENT AMENDMENT AND FINAL PLAT (E,AGAN PLACE) -SOLOMON REAL ESTATE GROUP ACTION TO BE CONSIDERED: To direct staff to correct, with the Annual Land Use Guide Plan Update, the Special Area 4 designation for the retail uses in the Town Centre 100 area. 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 retaiUoffice 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 1.00 12~' Addition and Lot 1, Block 1, Town Centre 100 15~' Addition into a single pazcel (Lot 1, Block 1, Eagan Place). REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present. FACTS: - At its meeting of August 1, 2005, the City Council continued consideration of this item to August 16 to permit the developer to prepare. and submit revised plans and graphics related to architectural details, site issues and landscaping clarifications. Additional information received since the August 1 meeting and new fact and issue bullets are noted in bold. - At the meetuug on August 1, it was noted that several Council members wanted the opportunity to view ezamples of the architectural and finish features that are being proposed for the Best Buy building. Mayor Geagan and Councihnember Maguire requested a tour of some sample developments and other Councihnembers requested a list of locations and pictures of those developments to view independently. The tour was held on August 3 and a letter and pictures provided by the developer was distributed to the Council previously and is included in the attachments below. - In response to Council input on August 1, the tour and subsequent communications, the developer has submitted graphics showing modifications of several details of the original plans. o Additional spandrel glass windows have been incorporate on the facades at the northwest corner of the building to reinforce the corporate image of the building at the main approach to the development from Yankee Doodle Road. This is intended to complement the front and side window facades of the office buildings to the west. is ~ o A pedestrian plaza has been added at the northwest corner of the site. In addition to creating an entrance feature for pedestrians, the additional plaza details and plantings will reinforce the sense of an entrance into the area, similar to the way that the gateways at Central Parkway and Cedar Grove define the intersections. o Additional detail of the integration of proposed and retained landscaping has been added to the building elevations to clarify the way in which the plantings are intended to frame the building and work with the windows and vertical architectural features to visually breakup the length of the streetside facades. - Because of the short turnaround time for the revisions, staff has provided several comments to the developer regarding details associated with the landscape plan and plaza design. The developer intends to submit some one or two additional color graphics in response to those items to be distributed with the Supplemental Information memo on Monday. - 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/retaiUrestaurant 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 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: has - 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. A 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 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 OfficeJService. 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 ove_ rsight can be addressed with the upcoming annual Land Use Map update. 60-DAY STATUS: Deadline is October 15, 2005 (City extended) ATTAC~IMENTS: (6) Staff summary of August 1 Council direction, page/a ~ . Staff summary of driving tour discussion, page ~_. Developer summary of driving tour ezamples, pages .~~, through ~. (Color copies of driving tour pictures enclosed without page number fo' r City Council.) Revised building and site graphics, pages ~ through~_. (Color copies of revised graphics enclosed without page number for City Council.) July 26, 2005, Draft APC Minutes, a es~~ through,~~' Star report, pages through~~~ /~6 Jay and Anne, Thanks for the extra work and thought that went into the tour with the Mayor and Councilmember Maguire yesterday. As we discussed, different Councilmembers learn in different ways and the opportunity for them to see examples of some of the features in person and have direct discussions about them helped a lot I wanted to briefly recap the things we discussed on the tour and in the few minutes we had together after we got back. I apologize for having to move on to my next meeting, but I believe that we made some good progress in the time we were able to spend with Mike. This is what I understand the feedback to be from the Mayor and Mike: • The mixture of building materials matching the CGD standards is appropriate and acceptable. • The additional vertical and horizontal architectural features to break up the sides and back of the building are effective in doing that. • The use of spandrel glass to create a "corporate" image on the sides and back is effective. Plain spandrel or backlit spandrel is acceptable, the use of the glass to advertise product or add signage to the sides and back would be counter to our philosophy and City Code related to window signage. • The option of adding some glass to a parapet or clerestory level is acceptable and desirable. • The introduction of a plaza area at the comer of Yankee Doodle Road and Yankee Place to create a pedestrian space, a pedestrian cue to the connection to the Yankee Place- Town Centre Drive intersection and an architectural entrance to the area is desirable. We will need to work with our Planning and Engineering staff to insure that the plaza either doesn't create the need for set-back variances or can be executed in a way in which the variances could be acceptable (structures do diminish sight lines or create obstructions for snow storage or other uses of the right of way). This may or may not require the corner of the building to be angled like the sign feature above. It is a matter of taste, but that could be a dramatic street level to parapet appearance. • The addition of glass to the building at the same comer will serve multiple purposes. It will create a strong "corporate" presence at the comer to complement the real estate office building to the west, it can reinforce a visual connection between a street level element and the corner building sign and it can create an attractive backdrop for the plaza elements. Please let me know if this corresponds or conflicts with your recollections of the conversation. Please also let me kno~r how doable this all is and when you would be able to go over it with staff and me. Thanks. Jon Jon Hohenstein Community Development Director City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 651-675-5660 Fax 651-675-5694 ihohensteinCa~cityofeagan.com /a ~ City of Eagan bemo TO: TOM HEDGES, CITY ADMINISTRATOR FROM: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR DATE: AUGUST Z, 2005 SUBJECT: SOLOMON GROUP-EAGAN PLACE DIRECTION This memo is intended to help give direction to our follow up work with the Solomon Group regarding the Eagan Place project. The notes we took at the Council meeting last night indicated that the Council seemed to have consensus on the following: • The Council will have the opportunity to do a site plan review at the time of the Final PD for the other buildings on the site. • 9 foot parking stalls are acceptable. No comments were made regarding the following items, so we believe them to be acceptable: • Meeting the CGD materials standards is an acceptable approach to finishes, provided the Council comes to consensus on the architecture of the building. • Traffic access to the site is acceptable. • Maintaining a median cut on Yankee Doodle Road to Yankee Place is desirable. • Preserving the trail around the pond and increasing the green space is acceptable. Other issues remaining to be resolved appear to be: • Does the building architecture and landscaping make the site layout and building orientation work? Does it present an acceptable facade to Yankee Doodle Road and Yankee Place to create the corporate image Tom Hedges referred to? If not, what else needs to be changed or added to give it a desirable facade from the all sides? • Other than perimeter, pond edge and parking island plantings, are there specific landscape issues that need to be addressed? Councilmember Fields stated that she would like to see an illustration of how the more mature landscaping that would be preserved and the proposed landscaping would complement the north and west sides. Will that be responsive to the concerns? If not, what specific changes or additions do Councilmembers see as necessary? • There was a comment about breaking up the parking more. Because of the shape of the site and the presence of the pond, the proposed parking layout creates three bays of parking (8/1/05 Council packet p. 156). An employee area to the east of the store, a customer area between the Best Buy store and the nearest second phase building and a third area between the two second phase buildings. Between our reduced parking standards and the layout, this does result in a more compact parking scheme than we would have required of similar developments prior to the parking standard amendments in 2000. Looked at in this way, does the site design address the concerns? If not, what specific changes could break the parking up further to meet the Council's expectations? • If there are other issues that individual Council members wish to share, it is important to do that as soon as possible. /z ~ August 10, 2005 SENT VIA ELECTRONIC MAIL Mr. Jon Hohenstein Community Development Duector City of Eagan 3830 Pilot Knob Road Eagan, MN S S 122 RE: Eagan Place Project -Best Buy Dear Jon: I appreciate the time you took to join us on our tour with Mayor Geagan and Councihnember Maguire last week. I think it provided everyone an excellent opportunity to see good examples of some of the architectural features in person and really develop a co~dence in our proposed building architecture for the Best Buy building. Below is a brief summary of the feedback from our tour as we have previously discussed and as outlined in your a-mail on August Sth: • The mixture of building materials as proposed that match the CGD standards is appropriate and acceptable. • The proposed vertical and horizontal architectural features designed to break-up the sides and back of the building are effective in doing that as proposed. • The use of spandrel glass to create a "corporate" image on the sides and back of the building is effective. Plain spandrel or backlit spandrel is acceptable; however, the use of the glass as an advertising mechanism or display window would be counter to the City's philosophy related to window signage. • The option to add some glass to the building at the comer will serve multiple purposes. It will create a strong "corporate" presence at the corner to compliment the real estate office building to the west, it can reinforce a visual connection between a street element and the corner building sign, and it can create an attractive backdrop for the plaza elements. • The introduction of a plaza area at the comer of Yankee Doodle Road/Town Centre Drive intersection is desirable as that would help to establish a "gateway" into the area from Yankee Doodle Road. We are working diligently on various changes to the plans to incorporate the above comments and themes. We should have the revised plans available for you by tomorrow for your review and consideration. I'm confident the changes will reflect the feedback we have heard and discussed. /a 9 In the meantime, for those members of the city council that were not able to meet with us and tour some of the properties we visited, I have attached some photos of the properties for them to view. I also have identified below some of the key elements that we discussed upon our visit at each property. Best Buv -Richfield This property is located in the Lyndale Shoppes shopping center located at the intersection of I- 494 and Lyndale Avenue in Richfield. We looked at the back of this property as one example of a heavily landscaped screening concept, as the back of this property abuts up to W. 78 Street, a very active road system. The consensus was that while the screening was effective, it was not our collective goal to try and hide or disguise the Best Buy building from Yankee Doodle Road, but rather to visually connect it with the community and activity along Yankee Doodle Road in a positive way. Best Buv -Eden Prairie This property is under construction neaz the intersection of I-494 and Hwy 212 in Eden Prairie. The back of the Best Buy building fronts I-494. While difficult to see from the pictures (and even in person at this time), this building employs the same architectural elements as the Eagan building with the use of various vertical and horizontal architectural features intended to break- up the sides and back of the building. The Eden Prairie building also introduces spandrel glass, however, to a much lesser extent than what we are proposing in the Eagan building. The color combination for the Eden Prairie building is very mild and plain versus our proposed color combination which is more dramatic with the intention to make the building "pop" visually. Fountain Place Shoouin~ Center -Eden Prairie This shopping center is another Solomon Real Estate Group property that will soon open to the public. This center is located at the intersection of Prairie Center Drive and Hwy 212 in Eden Prairie. The quality of the architecture and many of the various architectural features employed at Fountain Place have been designed into the proposed Eagan Best Buy building. This property offered the best example of the type of quality building materials, use of color combinations, and use of vertical and horizontal azchitectural features that compare favorably with what we have proposed for the Eagan Best Buy building. Suuer Target -Chaska The Super Target in Chaska is located at the intersection of Pioneer Trail and Hwy 41. The reason for visiting this center is that it offered another example of certain architectural features employed to visually tie a lazge wail mass with a heavily traveled street in Highway 41. The building is over twice as large and long as the Eagan Best Buy building, so its not a great representation on that basis, but it does include some of the features we have used on the Eagan Best Buy building, although to a much lesser extent. We would be happy to meet with you and any members of the city council to further discuss the proposed Eagan Best Buy building. I am confident that with a few changes as we have discussed, this property will be a very exciting addition to the Eagan community and will establish a new benchmazk within your community for quality architecture. We also feel that this redevelopment will stimulate other development activity with nearby properties, thereby /30 revitalizing the entire shopping center and mixed-use district within the immediate surrounding area. We are excited to make this investment in your community and look forward to working with you on this exciting opportunity. If anyone has any questions, please feel free to contact me. Sincerely, Jay M. Scott cc: Anne Knuth /3/ ^ Best Buy Richfield /31 (y1~ncLn Be3i Bll~ i w Eden Prairie ''~~,-. .. ~'~ . ra. ~.'~,~',: ~~ ~r~ ~.t..~ ~_.. _,_. >.>m a ~ J M ' , _ Z + ~ ~~yf '~ ~ x'~3~ ,~~ 1 ri ~`~.~'~i '.,: tY~ , tIf a"~ Yk yvN ~~q ~~~y~ • 1 Y`~f~~" ~ f~ C ~F is e~ C` i la~[tW 41 I Y~=~Eu Q~ ~ kI ~{¢ E hl vl 1,3Y f~6 k ~~~+ ;~I y ~ _ ~ E. p t Q ~ _ _~. .._........i t i ~ i i;~~ ~. Y o ~ a m §~~~.. i &'~r a e F ~ ~ C F ~ ~ ~~ V C a ; 4'~ ~Ct V ~I f E ~ C "~ ~ e R r L ~1 ~'1 t ~~ g ~~ , r ~ a r Ky i P~ ~ B r 4 ~ ° } Y _ t n r .~_. 4~' ~~ aj .. \\ $p k : T + ~~ q S ~ ~~~ 9~ `~` 6 L _ _ t T---~a --~, ---- _,, . r ~ • ~i / .. i i /~~ !' ~ j i i~ ,, _ .~> ~ ' `~~ ~ ~\ f ~.~~ ~f: j r~,,: e1 a 4s~~ ~ hy" ~~~ T I ~'~ ~ ~~ x~ ~ 4 I ~~ " YYY I`~ ~, g - - --- f ~~ h' a ~ f €, b `~~ z~i ~ m > ' t„ ~ s ~ O- W ~ a Z ~ ~ ~~ii ~ F.~ ~F ~~ ~~' N ~i ~ d ;N98 z ~. Z ~ ~ ~~I i,, i. a ~ s /3 f ~~ ++++++222222 9 fN a ~ Sj d'Y % S 'y n J^pP9 ~~ S~ adi v Nl ~An r 4 ~, ~~ r ~ t v" ~~ ~-~ ~~~~y. ~ k ~i ~ -~ [z~ c ~~ ~ `~ ~~ I ._ '! ~' \\.± ~`:~ ;~ ~ ;r ~~~ ' ~ c.3 '^ ?. i.. ~ ~ t ,T, ... Z~ ~~ t,.». a , F t ~ i ~ r ~~ ~ ~ ~ ~: ~3S ~~ __.....__ _ _: ___ _ d -- ~ -~'`~ .1 ,~ ~~ :.. ,. ~~ N ('~j t7 ~ ~ ~ ~ W ~ v y~ a o `~ ;xG o. ~n m y w o~~o zam ~, ~ «. wm~ ''' a a ~' .` 4 E~ t E_.y., x I .,__.~. 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. ~3~ 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. m 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 12~' Addition and Lot 1, Block 1, Town Centre T00 15~h Addition to create Lof 1, Block 1, Eagan Place. All voted in favor. Motion carried 6-0. Member Dugan abstained from voting on this item. /3~ PLANNING REPORT CITY OF EAGAN REPORT DATE: July 21, 2005 APPLICANT: Solomon Real Estate Group PROPERTY OWNER: Same REQUEST: Planned Development Amendment CASE: 15-PA-OS-06-OS HEARING DATE: July 26, 2005 APPLICATION DATE: June 15, 2005 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'/a 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, 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 oftwo-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 15` 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. /39 Planning Report -Eagan Place July 26, 2005 Pale 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 Desi nation North Ea an Promenade Planned Develo ment S ecial Area East Office Planned Develo ment S ecial Area South Dakota Count CDA Planned Develo ment S ecial Area West Retail Center Planned Develo ment S ecial 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 maybe 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 /YO 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. Anew 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. / 5~/ 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 facade of a building. Secondary materials shall cover no more than 30% of the facade 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 maybe 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. Decorative block shall be colored only by means of a pigment integral to the block material, not applied to the surface. £ 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 facade 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. /yoZ Planning Report -Eagan Place July 26, 2005 Page 5 Gradin 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 insta114-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) maybe 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. /~f~ 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) maybe 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 12~' Addition and Town Centre 100 15`h Addition to create one lot Eagan Place. /ifs Eagan boundary L Right-M-way I /'~ ~irr~i L..__i Parcal Arsa ~, ~ ,~ Q llr~ _ park Anaa ^^ ®6uitding Factprint ~ ~ ~ ~ ~~l 3 i 2 D~.. ft. ~ ~ ~~ ~ f' `~ 1 ~.T ~y (3 ~ ~ _.. ~ ~ ~ 1~ 1 ~ ,~ v~ ~ t 3 0 ~~~~ ~' ~ ~ ~~~ ~ ~ ~ ~~ ~ i i 1 F ~ J /~'~/` Subject Sine ~ ~ ~ f~' 9 -~ „ j dfjy~` ~~ ~ ~,~ ~ f ~ ---~ ' _ ` ~ ~I 7 f ~ ~f i ~ ~ ~ ~ f ~ o ,..,~ ~ - t Q 3 f ~ i ~ # j 3 .i ~ {4ii ~ t ~~ 1 ~ ~ ~~ ~ 3 j ' ,- ~ ~ ~'^ ; Lam'! ; ~; ~ f ~.... E t ~ ~ ~ ~ ~ ~~ ~ jil ti~llill~lli?tli; ~ f' € ~ III !!a~s:~®>~ y~ ' /~ ` ' ~~.. „~ ~ i . -,' ~: ~` .~ ~ ~ ~ ~ rte" f '`- r-_ , ~, ,~~ ~ ~1 ~ ~ ! ~ .~,". 4 ~" s ~a• r---~:4 it ~: y ~ ~!~~.~ ~ 3 ~ i~ s ~ ~ (~- ~ f ~~~ !i $ r t ~ • '£ f~ s t 111 ~'ei i I M ~~I ~ I ~ ~ % ~ j t~• ~ ` ~ ~ , ' • ~~ ! - ~ M l~?p4 s, .mom psy r i F ~~ Dd.-~ 1,~ ~ 'J. 1 , .. _ .w ~ ~ s ~ 1--- ~ ~ # - ~,. (~ ~ ~ Mir ` ~ ,r- ~ i t ~ >~ - 1 ~ ~ ~~ ~ ~~ ~ ~~ ~ ~ ~€ ~ ~~1~ ~ ( ~ ~ ~ 4 #' ~ ' 1 l s \ :. 1 ~ f• 7"~.... ~ iM~ f... ~ .. f ~ --•-----~-~~.. ~ ~ ~ i c_ ~ .~ ( a _ ~ J h ~ A%z ?e~GO 6 ':flG^u 2LiCG feet aevelopmentlDeveloper. Solomon Rea[ Estate Application: PD Amendment Case No.: 15-PA-05-Ofi-05 / ,f~-`~i, g jt tlii~ tij ~~ Map Prepared using. ERSI MtYlew 17. Parch base map data provided by 6akota County onux ar Gi5 ami b current as of Aprt 2005. TtilS MAF IS INTENDED FOR REFERENCE USE ONLY * r Gommueay DwNoper»nt D~partmiit The Clty of Eagan and Dakota County do aot guarantse the accuracy of this information and are not rospansible for errors ar omissiana. ~~ Current Zoning and Comprehensive Guide Plan Land Use Map Eagan Place PD Amendment Case No. 15-PA-05-06-05 Zoning Map PD LB s 1D N0.T6 (YANKEE DOODLE Current Zoning: PD ~' D LB PD Planned Development PD W LOCatlon 'a PD Z PD PD z W P .J.. " d z s c R- ~ PD Y i 'o u soo o soo uoo r.a R Comprehensive Guide Plan Land Use Map L ti oca on SAD NO.Tti (YANKEE DOODLE .S SA ~c SA Current Land Use Designation: SA SA N CENTRE DWK 7 t SA A sA Special Area 4 W P `. ° d z H HD D 0 o: Y f e u 600 0 600 7x00 F..t L YE. Prcal M.o p InfoTmatlon~oNdr akota County Land Sunny OopNrtma~t Juna 2002. N Zoning i atlon mEinfainod byCity Sl.f! City of Eagan W E THIS MAP IS INTENDED FOR RffERENCE USE ONLY Community Development Department The City of Eagan and Dakota County do not guarantee the accuracy of this information. 5 AMENDED NARRATIVE Planned Development Amendment for Eagan Place June 29, 2005 RECEIVED JUN 3 0 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 200 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 ("OEA") 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, /S~ S 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. Eor 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 alt 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 Subiect Property /S~9 v 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 ISU 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. /S/ ~, Westwood Professional Services, Inc. '. PLANNING ENGINEERING SURVEYING 7599 Anagram Drive Eden Praire, MN 55344 Plsorse: 952-937-51 SO Fax:952-437-5822 Toll free: 1-888.437-5150 Email: wps@westwoodps.corn TWIN CtT1ESIMETRO 5T. 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 Ptace 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 wiH 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"' 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 far electronics superstores are negligible. Table 1 -Trip Generation Rates P P.M. Peak Hour Land Use er Rates Percent In Percent Out Movie Theater t'~ Screen 16.93- 42 58 High-Turnover (Sit- 1000 10 92 61 39 Down Restaurant _ S . Ft. _, _ 1000 Electronics Superstore S . Ft. 4.50 49 51 i'I 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. Totat P.M. peak hour trips generated by the existing fond uses and by the proposed Best Buy store are shown in Table 2. /sa Designing the Future Today._.since t972 .~ 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 TotaE Existing Movie Theater 64 88 152 High-Turnover (Sit- Down Restaurant 41 27 68 Total Existing Trips 105 115 220 Proposed Electronics Superstore 99 104 203 It should be noted that data presented for asimilarly-sized electronics superstore in the ITE Trip Generation Handbook, March 2001, show 40% of trips to the store are pass-bys. Movie theaters generate essen#ially 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 votume conditions. Table 3 -Net P.M. Peak Hour Trips Total Existing Movie Theater 152 High-Tumaver (Sit-Down) Restaurant 68 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 /53 8 "~ 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 /sy Westwood Professional Services, Inc. . PLANNING ENGINEERING SlJRVEYING Probable Traffic impacts of Lots 2 and 3 Development Eagan Place, Eagan, Minnesota June 29, 2005 7599 Anagram Drive Eden Praire, MN 55344 Phone: 952-93T-57 SQ Fax: 952.937-5822 Toll free: 1-868-937-St50" E-mail: wps®westwoadps.com TWIN CRIESIMETRO ST. CLOUD BRAINERD 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 Lofs 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, 7`~ 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- Down Restaurant 10.92 61 39 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- Down Restaurant 46 30 76 Total New Trips 63 53 114 /~S i /"~ Designing the Future Today...since 1972 1 V Probable Traffic Impacts of Lots 2 and 3 Development Eagan Place, Eagan, Minnesota June 29, 2005 Page 2 Data published in the ITE TfID 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 (Si#- Down Restaurant 76 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 lJses," 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 riew 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. Table 4 -Comparison of Existing ~ Post-Development Trip Generation Net P.M. Peak Hour Tips Scenario ~ Total Existing Net Existing ~'~ 191 Proposed Net New Best Buy ~'~ 122 Net New Lots 2 & 3 68 Tota! New Post-Development Trips 190 4'} See "Traffic Comparison Summary, Best Buy and Existing Land Uses" /S6 E i ~ ~ t% t ~' h }li =t !;#'" # 1 ~, 1, c z 1, ~l ! i~ 1. ( ~~ f{6 1 }~ - , r + j" ~- f t ~~ ~ ,~ ,,f j !! 1SS4 j} ~` i{p 1' ~ 1 ~t ` 1 ~° 't r 11`i 1 ~~ P tkjl l{i 1~ jf , 1; ~l~{1~j 1=,~~1~~ ~.. t~j~ ~ €},~ ,t, ~,l I, ` lIl 1 FFf ~+ I` ~ I# ~, ~; ki . j~ I, ~¢ :` ;i f~ Fj^ ~` ~; {/ ~f6 !1} f lil ` t~„ 1~~,.3 s 1 , +.{il i I~ i1[I f; fs(} j# ~a ((, li it t , i [ ! t, ! ,! !p / ,z {i t~ „ F I{ ~~ jl, l~ ,jlit !1~ S~~' {{ jFff ,` +#11 ' ~ t Ii~ ~ ~ # ~F ~# ft ~~ ~, ~ ,+ 7I ie ~i ~~ 1` f t I7j I ~' i~ ((~{ ~a , i !! z , ~~SF i 1 ii~ ~ 1 j 1{ t ~ [+ ` I! f. 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N ~~ / .,1 ~'' \ ` ~ ti \ S I ,' ! t J i I I ~ ' s ~ , ~ ~ ~ ~ ~ a I ~ s \ f m a m a 0 {~ ~ ~ ~~ Y~ a iiiiii o~~ 6 0 O_ ~, Ln L Q J ~_ w w w i'i v, 1 ,~ : ~ #' i to ¢ Iii e tfi (/ PROPOSED PYLON SIGN T.O. SIGN _ EL. 127-D' F.F.E. EL. 100'-0" ,,, orr PYLON SIGN SIGNAGE EXHIBIT @EAGAN PLACE EAGAN, MINNESOTA /~/ ARCHITECTURAL CONSORTIUM L.L.C. 901 NorM Thad Sven, Sine RO 612-136-d03~ Minneapdrc. MN 55101 iuc61~-692-9%0 RECEIVED JUN ' q 2005 1 fe Z _~ `Q W J w Z J M~ W ~ ~'s ~IE t ~yt Y mp4p ~~:? 5 'w tl[p i~d~~E 8~aa~ : U ;! ! c`~.~ S~ ~+ ~ ~ ``-~ I : ~ ~' I d; w ~~ a w LC7 O O N ri J 1 e ~y( ~, 'L.LJ` p 'V L •• a a a p i p 7 6 p • 4~ ~ Zppp ~F?R 0 0 N ~' _• J 0 c 0 I_j O 7 V W t ~~ Q J ~' N ~ ,~ ~ o cdal ,~ fi F U K ` i9 Z ~O ~~ ~ ~it~~~ ~ ~ ~l~~ o VJ Z LO `r W J W C3 _Z D J_ ~ - m ~~ ~ x~ J u J O >4> J~ O ~ Z N m 0 ~q S~ a~ ~n N- iI ~~ ~; ~~ i 1 F >Q W e ~~ a 0 ~_ o~ v. n /,~3 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 ihohensteinC~citvofeagan.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 ~a-a+u~.a, U owe Communications Coordinator Ciry of Eagan Phone 651-675-5004 Fax 651-675-5012 Ifoote 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 retai! 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 ~~ 06/24/2005 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 apart 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 jhohenstein(c~cityofeagan.com From: Mira Pepper Sent: Friday, June 24, 2005 9:52 AM To: ]on Hohenstein Subject: FW: Mann Theater Jon, Could you respond to this? Thanks. Mira M Lrw t~epper ~aam.Y~We,se~-e~~-y / ~ep~y cter~ 651-675-5013 From: Darthsib@aol.com [mailto:Darthsib@aol/.com] ~~ ~f~ 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 Darthsibta'~aol.com with your response as soon as possible. Sincerely, Eagan resident /6G ~c Agenda Information Memo August 16, 2005 Eagan City Council Meeting IX. NEW RUNWAY/AIRPORT UPDATE ACTIONS TO BE CONSIDERED: This item is for informational purposes only. No formal action is needed. FACTS: Recent Open Houses - 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. - A final community-wide open house will be held on Thursday, September 15 at 6:30 p.m. at the Eagan Community Center. - The ARC is meeting on Tuesday, August 16 to further discuss plans for the September 15 open house, and in particular, how the baseline noise study will be communicated to residents at the open house. /d '7 AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER AUGUST 16, 2005 A. CALL TO ORDER B. ADOPT AGENDA ~p ~ C. APPROVE NIINIJTES p D. OLD BUSINESS E. NEW BUSINESS ' ~ ~ 1. CEDAR GROVE REDEVELOPMENT DISTRICT -Authorize Staff to Enter into Negotiations for the Potential Acquisition of Frattalone Ace Hardware Property, 4000 Sibley Memorial Highway 2. NORTHEAST EAGAN REDEVELOPMENT DISTRICT -Schedule Public Hearing to Consider a Development Agreement with McGough Companies and the Public Purpose of the Acquisition and Assembly of Property located on Blue Gentian Road and Blue Gentian Circle F. OTHER BUSINESS G. ADJOtirRNMENT /6P Agenda Information Memo Eagan Economic Development Authority Meeting August 16, 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 August 1, 2005 EDA meeting as presented or modified. ATTACIIIVIENTS: • Minutes of the August 1, 2005 EDA meeting on pages ~Q" . /6 9 MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota August 1, 2005 A meeting of the Eagan Economic Development Authority was held on Monday, August 1, 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 Tilley moved, Commissioner Fields seconded a motion to approve the agenda as presented. Aye:S Nay:O APPROVE MINUTES Commissioner Fields moved, Commissioner Tilley seconded a motion to adopt a resolution approving the minutes of the July 19, 2005 EDA meeting as presented. Aye:S Nay:O NEW BUSINESS NORTHEAST EAGAN REDEVELOPMENT DISTRICT FIRST AMENDMENT TO SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT DATED MAY 4, 2004 RELATING TO TAX INCREMENT FINANCING DISTRICT N0.2-4 BETWEEN THE CITY OF EAGAN AND GRAND OAK CR LLC Community Development Director Hohenstein discussed the previously approved 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 and the proposed amendment to reallocate TIF assistance. Commissioner Fields moved, Commissioner Tilley seconded a motion 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. Aye: 5 Nay: 0 PREDEVELOPMENT AGREEMENT CITY OF EAGAN AND REVESTORS CORPORATION AND MANLEY DEVELOPMENT /70 Community Development Director Hohenstein discussed the 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 Southeast Eagan area. Commissioner Carlson moved, Commissioner Tilley seconded a motion to approve a Predevelopment Agreement between the City, Revestors Corporation and Commercial Property Development Corporation relative to the potential redevelopment of the southeast Eagan azea bounded by Highway 3, Red Pine Lane, Biscayne Avenue and Gun Club Road. Aye: 5 Nay: 0 CEDAR GROVE REDEVELOPMENT DISTRICT RESOLUTION FOR APPLICATION FOR CONVEYANCE OF A TAX FORFEIT PROPERTY (BARYON MCGRAY ADDITION, LOT 3, BLOCK 1) FROM THE STATE OF MINNESOTA TO THE CITY OF EAGAN AND EAGAN EDA FOR FUTURE SALE AND REDEVELOPMENT Community Development Director Hohenstein discussed the conveyance of a tax forfeit property (Barton McGray Addition, Lot 3, Block 1) from the State of Minnesota to the City of Eagan EDA. Commissioner Fields moved, Commissioner Tilley seconded a motion to approve 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. Aye: 5 Nay: 0 OTHER BUSINESS There was no other business. ADJOURNMENT Commissioner Fields moved, Commissioner Maguire seconded a motion to adjourn the meeting at 8:40 p.m. Aye: 5 Nay: 0 Date Executive Director If you need these minutes in an alternative form such as lazge 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 regazd to public assistance. /7/ Agenda Memo Eagan Economic Development Authority Meeting August 16, 2005 1. AUTHORIZE STAFF TO ENTER INTO NEGOTIATIONS WITH THE PROPERTY OWNER FOR THE POTENTIAL ACQUISITION OF FRATTALLONE ACE HARDWARE PROPERTY. 4000 SIBLEY MEMORIAL HIGHWAY ACTION TO BE CONSIDERED: To authorize negotiations for the possible acquisition of the Frattallone Ace Hazdwaze property at 4000 Sibley Memorial Highway as a voluntary sale to the EDA for future redevelopment purposes. 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 aze resulting in the construction of new private development consistent with the City's plans. At the present time, the City is working with Ryland and Schafer Richazdson as the master developer of the core redevelopment area to initiate the next phases of the redevelopment. • While most property acquisitions in the past have been in anticipation of a specific redevelopment plan for a portion of the azea, the City has also considered the voluntary acquisition of properties in which there is a willing seller. • The City has been approached by Larry Frattallone, owner of the Ace Hazdware property at 4000 Sibley Memorial Highway. • Staff is requesting authorization from the EDA and City Council to enter into negotiations with Mr. Frattallone to purchase the property. ATTACHMENTS: • Request email on page I ~3 ~~ Page 1 of 1 Jon Hohenstein From: Larry [larryt~frattallones.comj Sent: Tuesday, August 09, 2005 3:31 PM To: Jon Hohenstein Subject: city purchase of 4000 Sibley Memorial hwy. Frattallone's hardware store I would like to start the process of relocation of my hardware store. It may take me a long time to find another location that will suit our needs. I don't want to move or close down until I have a new location to move to. In order to negotiate a new purchase or lease I need to know how much my property and business is worth. Thanks Lary Frattallone 8/9/2005 / 73 Agenda Memo Eagan Economic Development Authority Meeting August 16, 2005 2. NORTHEAST EAGAN REDEVELOPMENT DISTRICT -SCHEDULE PUBLIC HEARING TO CONSIDER A DEVELOPMENT AGREEMENT WITH MCGOUGH COMPANIES AND THE PUBLIC PURPOSE OF THE ACQUISITION AND ASSEMBLY OF PROPERTY LOCATED ON BLUE GENTIAN ROAD AND BLUE GENTIAN CIRCLE ACTION TO BE CONSIDERED: To receive the Development Agreement and schedule Public Hearing on September 20, 2005 to consider the proposed request for the use of eminent domain and approval of the Development Agreement with McGough Companies for property located in the Northeast Eagan Redevelopment District on Blue Gentian Road and Blue Gentian Circle. FACTS: • The City has taken steps to bring about the redevelopment of the Northeast Eagan Redevelopment Area, including public improvements, environmental reviews, comprehensive plan and zoning modifications and the initiation of redevelopment activity in a portion of the district consistent with the City's plans for the area. • The City has been in discussion with the McGough Companies regarding the redevelopment of the portion of the district lying between Blue Gentian Road and the I-494/I-35E interchange for the possible construction of a multi-story class A office building. Staff and the developer have negotiated a draft development agreement to be considered by the EDA and City Council. • McGough has begun to acquire and assemble properties in the redevelopment area. Several properties have yet to be acquired that are expected to be necessary for the successful redevelopment of the overall site. • The development agreement covers issues including the level of TIF assistance that may be provided to the developer and the potential for the developer to request that the City use eminent domain to acquire the remaining parcels upon presentation of evidence of good faith efforts to do so. ATTACHMENTS: • Redevelopment District map on page ~ 6 • City Attorney's memo regardin ublic hearing process on pages '- • Resolutions on pages~~ ~~~ • Development Agreement available on request. /7y ~. N ~ ~ a O ~ C '~ L W ,p ~ 'a A ~ ~ ~ +~+ s ~ ~ z° ~ c ~, a O ~ ~ `° 'm ~ E ~ ~ _~ ~ m C ~ J ~ nn~ m C C N a ~ a m ~ ~ m ~3~I ~0~' I '~ - 1,- T .- ~- .r C'/~' ~ /~ L~ ~ Y. - ~ ~' 4 ~ ~ ~ ` / ~ ~,~s- i ~ ~ ~ / r f " ~ ~ i s ; ! ~ 1 1 A / / . _~ J 1 i a r`~ .'r O N r 1~ m IGI ~ O w ~i ~ a ----~_ / , ~~ f /r /~~ 6i ~ _ t ,~ .,p ,~ a /' 1 •V~ tw ~: )j/ 'i~ ' `0 1~ 8 ~ ~ ( ,; i r t ~ - ~/ -- ,~ ~. /~~ A. r~ i ~ 7 ~ ---j r I~ ---~ .. .. ~~l ~%; _,_ ~~ ~~ '~, ~/' / ~ f ,if „mot- ~ ~ i ~. ,~ 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 E-MAIL bauerr@seversonsheldon.com TO: Jon Hohenstein, Community Development Director CC: Gene VanOverbeke, Director of Administrative Services Tom Hedges, City Administrator FROM: Robert B. Bauer, City Attorney DATE: August 3, 2005 RE: McGough Development Agreement Our File No. 206-23506 Jon, The following is a step-by-step process that we would suggest be followed when considering the McGough Development Agreement: • Final provisions of the Development Agreement are negotiated and McGough delivers signed copies of the Agreement for consideration by the City/EDA. • McGough should simultaneously provide the City/EDA with documentation of its good faith efforts to acquire the Other Parcels (as defined in the Development Agreement). • The agenda item for the City/EDA is to receive the Development Agreement as drafted by the City Attorney and schedule a public hearing to consider the proposed request for the use of eminent domain and approval of the developer's agreement. • The notice must be published in the City's legal newspaper at least once and not less than ten days nor more than 30 days prior to the date of the hearing. The notice must reasonably describe the property to be acquired and state that the i76 Jon Hohenstein, Community Development Director August 3, 2005 Page 2 purpose of the hearing is to consider acquisition by exercise of the EDA's power of eminent domain. • Not less than 10 days before the hearing, notice of the hearing must also be mailed to each owner of each parcel proposed to be acquired. • At the public hearing, the EDA would open the public hearing and receive public testimony. It would close the public hearing and the action, if approved, would be to direct staff to prepare the necessary findings to authorize the use of eminent domain. • At the next meeting, the EDA would adopt the resolution that would include appropriate findings of fact documenting the developer's good faith efforts to acquire the property and the necessity for use of eminent domain to acquire the "Other Parcels" for redevelopment. • Subsequent to the action approving the use of eminent domain (at the same meeting) the Council would then approve the Development Agreement with McGough. Our office would work with the City Staff to provide the assistance in the publication as well as provide the mailed notice to the affected property owners. Should you have any questions concerning the above, please feel free to give me a call. /77 EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION TO SCHEDULE PUBLIC HEARING TO CONSIDER A DEVELOPMENT AGREEMENT WITH MCGOUGH COMPANIES AND THE PUBLIC PURPOSE OF THE ACQUISITION AND ASSEMBLY OF PROPERTY LOCATED IN THE NORTHEAST EAGAN REDEVELOPMENT DISTRICT ON BLUE GENTIAN ROAD AND BLUE GENTIAN CIRCLE BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority receive the Development Agreement and schedule Public Hearing on September 20, 2005 to consider the proposed request for the use of eminent domain and approval of the Development Agreement with McGough Companies for property located in the Northeast Eagan Redevelopment District on Blue Gentian Road and Blue Gentian Circle. Motion by: Second by: Those in Favar: 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 16~' day of August, 2005. Jon Hohenstein, Secretary/Deputy Executive Director /7d' CITY OF EAGAN RESOLUTION TO SCHEDULE PUBLIC HEARING TO CONSIDER A DEVELOPMENT AGREEMENT WITH MCGOUGH COMPANIES AND THE PUBLIC PURPOSE OF TAE ACQUISITION AND ASSEMBLY OF PROPERTY LOCATED IN THE NORTHEAST EAGAN REDEVELOPMENT DISTRICT ON BLUE GENTIAN ROAD AND BLUE GENTIAN CIRCLE BE IT RESOLVED by the Eagan City Council to receive the Development Agreement and schedule Public Hearing on September 20, 2005 to consider the proposed request for the use of eminent domain and approval of the Development Agreement with McGough Companies for property located in the Northeast Eagan Redevelopment District on Blue Gentian Road and Blue Gentian Circle. 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 16`~ day of August, 2005. Maria Petersen, City Clerk 79 Agenda Information Memo Eagan Economic Development Authority Meeting August 16, 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. /S~ City of 8a~an Memo TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FFROM: CITY ADMINISTRATOR HEDGES DATE: AUGUST 12, 2005 SUBJECT: INFORMATIVE UPCOMING MEETINGS /EVENTS WEEK OF AUGUST 15 -19 Tuesday, August 16 6:00 p.m. 6:30 p.m. Thursday, August 18 3:00 p.m. 6-8:00 p.r 6:30 p.m. 7:00 p.m. Future Meetings Listening Session /City Hall Eagan Room Regular City Council Meeting /City Council Chambers Eagan Convention and Visitors Bureau - Al Bakers n.BECT /Event 18"' Annual Access Appreciation Awards / Blackhawk Park New Runway/Airport Open House-Pilot Knob Elementary School 13`'' Annual Ice Cream Social /Fire Station 4-Diffley and Dodd Roads Monday, August 22 8:30 a.m. Post Office Meeting /Northern Service Center-Mayor Geagan Tuesday, August 23 5:30 p.m. Special City Council/Work Session to consider the 2006 Budget ve) Wednesday, August 28 4:30 p.m. MVTA Board Meeting - MVTA offices at the Burnsville Transit Station / Councilmember Tilley Monday, September 5 Offices are closed to recognize Labor Day Tuesday, September 6 6:00 p.m. Listening Session /City Hall Eagan Room 6:30 p.m. Regular City Council Meeting /City Council Chambers Thursday, September 8 11:30-1:30 All Employee Training /Community Center Mondav, September 12 5:30 p.m. Special City Council Workshop / Eagan Room (Tuesday, Sept. 13 is ISD 191 School Board Election) Thursday, September 15 New Runway/Airport Open House -Eagan Community Center Tuesday, September 20 6:00 p.m. Listening Session /City Hall Eagan Room 6:30 p.m. Regular City Council Meeting /City Council Chambers Wednesday, September 21 Job Fair at Eagan Community Center Thursday, September 22 4-7 p.m. Experience Ea an City Services Showcase /Community Center (See page.) Friday, September 30 7:30 9:30 a.m ~nnual DC Meeting-Southview Country Club (See page /8/ INTERGOVERNMENTAL N.O.I.S.E. Enclosed on pages / pY through are three different letters from N.O.I.S.E. thanking the City for hosting the recent 2005 NOISE Summer Conference and Aviation Noise Symposium and especially for all the additional work performed by Assistant to the City Administrator Miller. Each letter is slightly different and, therefore, all were copied to the Council as a whole. DAKOTA VALLEY RECYCLING Enclosed on pages ~ o ~ through ~ is a copy of a memo from Susan Bast providing an update on the Eagan/Apple Valley/Burnsville recycling activities. NATIONAL NIGHT OUT According to Chief Therkelsen, there were 117 neighborhoods registered for National Night Out gatherings and the attendance was very good in most all of the neighborhoods. A special thanks to all the City departments, especially Police, Fire, Parks and Communications for their extra work that evening. FEDERAL LEGISLATION THREATENS LOCAL FRANCHISING AUHTORITY AND FEES A spate of recent legislation has been introduced in Washington that would significantly alter or threaten local control over rights of way and franchising authority. The most recent bill Senate File 1504 (introduced by Senators John Ensign and John McCain) would immediately eliminate existing cable franchises and fees and not even honor the terms of legal agreements the cable companies have already agreed to. The League of Minnesota Cities, the National League of Cities, and the National Association of Telecommunications Officers and Advisors (to which Burnsville Eagan Community Television is a member) all have issued action alerts or calls for local governments to urge their Congressional delegation to oppose harmful aspects of the Ensign/McCain legislation. See the alerts and press releases on page ~ to ~ of the Informative Memo. Still other House and Senate bills would alter current local cable franchises. For a summary of those bills refer to page to ~ pp ~~• AMM NEWS Enclosed on pages ~Q~through~ is a copy of the most recent AMM newsletter. CDA ASSISTED HOUSING AND COMMUNITY DEVELOPMENT UPDATE Enclosed on page is a copy of the most recent status report for assisted housing and community development programs currently being operated by the CDA in Eagan. /~e2 GENERAL PROTECTIVE INSPECTIONS UPDATE Enclosed on pages ~ through ~ is a copy of the July 2005 Protective Inspections update. CODE ENFORCEMENT ACTIVITY REPORT Enclosed on pages ~v a through ~ is a copy of the code complaints received between July ] and July 31, 2005. NEWSPAPER ARTICLES Enclosed on page ~ is a copy of a newspaper article which recently appeared in local papers. Thomas L. Hedges City Administrator /8,3 ~I~CII c~~y sem Great Games Thursday, Scptembc~ 22 4-1 p.m. ~~-~~a ;~;~ ~ iii ,, ,., ~ ,; uEa ~~ ~I , }I''~ }fit ~ ~ ~:+ Climb in City Trucks & Equipment c~cc ces Showcase Earn Prizes Watch Police K-9 Demonstrations Find Fun Facts Play in the Blast Indoor Playground Be on Cable TV Tour Community Center Music in the Rotary Band Shell Eat Great Treats All for Free Learn About the Many Services the City of Eagan Provides for you! Cily otEa~an Info. at: www.cityofeagan.com /8 ~ NORTHERN DAKOTA BOUNTY ~' -"~' r, CNAMBERS OF COMMERCE August/September 2005 IX, Number 4 Serving: Eagan Farmington Lilydale Mendota Mendota Heights Rosemount Sunfish Lake West St. Paul 481h Mnual Meelin¢ September 30, 2005 T:30.9:30 AM Southview Country Club: 239 East Mendota Road, West St. Paul _. ~4 . ~. T .= Join onfgoing Chair of the Board Cathy McCoy and incomlag Chair Paul McGinley for a breakfast meeting as they pass the gavel and celebrate the NDC Chambers of Commerce successes in 20042005. lickefs: $ 301ndividual $ 250 Table of 8 T:30 AM Keynote Speaker: Dan McLlroy Impact of Small Business in Minnesota Chief of Sfafi, Office of the Governor 8:30 AM Annual Meeting Successes of 2004.2005/Priorities of 2005.2006 Sponsorship Opporfunities Available! Contact Amanda for more information. Platinum Sponsorship Investment: $1,000 • Corporate table of 8 for breakfast • .Loco printed on an eveaf banner • 2 Minufe commercial of the podium „~~f,~~~fr • Sponsorship recognized during program by the Chamber President or Emcee • Lo¢o on printed program day of event • Sponsorship acknowledged on all printed promotional materials Gold Sponsorship Investment: $500 • Corporate table of 8 for breakfast • Logo printed on an event banner • Sponsorship recognized during program by the Chamber Presidenf or Emcee • Logo on printed program day of event • Sponsorship acknowledged on all printed promotional materials Silver Sponsorship Investment: $250 • 4lickefs for breakfast • Logo printed on an event banner • Sponsorship recognized during program by fhe Chamber President or •:- Loco on printed program day of event _.. • Sponsorship acknowledged on all prinfed promotional materials ~, e~ ooo ~ NATIONAL ORGANIZATION TO INSURE ABOUND-CONTROLLED ENVIRONMENT "America's Community Yoice on Aviation Noise Issues" • An Affiliate of the National League of Cities PRESIDENT Susan Lirnesch Councilmembtt Centerville, OH VICE-PRESIDENT July 29, 2005 Skip Lowry Councilmember St. John, MO SECOND VICE-PRESIDENT The Honorable Cyndee Fields Mary Rose Evans commi:sinner Acting Mayor and Councilmember Parkway Village, xv City of Eagan SECRETARY 3830 Pilot Knob Road George Nichols Met. Washington Eagan, MN 55122 Council of Gov'ts TREASURER Dear Councilmember Fields: Drnnis Patten Commissioner srook Park, oH. On behalf of the members and staff of the National Organization to Insure aSound-controlled LEGISLATIVE Environment (NOISE), I would like to personally thank you and extend our heartfelt gratitude for COMMITTEE co-chairs hosting the 2005 NOISE Summer Conference and Aviation Noise Symposium in Eagan, MN. Sandra Colvin-Roy Without the tireless efforts of you and your staff the conference would not have been the Councilmember Minneapolis, MN overwhelming success that it was. Conrad sowers Mayor Bridgeton, MO As we move into our 36~' year, I continue to marvel at how much we have accomplished through the CONFERENCE Past decades. Not only has NOISE grown into a nationally recognized organization, but we have COMMITTEE continued to bring together new and exciting ideas from around the globe, while maintaining our Chair Dave Carbone status as an organization committed to local communities and neighborhoods across the nation. Senior Planner San Mateo Cnty, CA I firmly believe that a large amount of our success can be attributed to the annual summer conferences held around the U.S., highlighting what NOISE does and providing a forum for new E'~~TI`'E ideas, insights and activity. A successful conference results in a successful organization, and through DIRECTOR Dennis McGrann your leadership in Louisville we will be able to grow as an organization and continue to advocate Washington, Dc responsible public policy initiatives. Again, thank you for the outstanding job you did in hosting such a tremendous summer conference. I look forward to working with you in the future. Sincerely yours, ~~~' ~~5~ Susan Lienesch NOISE President Councilmember, City of Centerville, OH Cc: City Council, City of Eagan, MN ~6 NOISE • 660 Pennsylvania Avenue, SE • Suite 301 • Washington, DC 20003 • (202) 544-9844 Fax (202) 544-9850 • Email contact a~,aviation-noise.org • Web www.aviation-noise.org ~~r ~~~ J1.~v~ NATIONAL ORGANIZATION TO INSURE ABOUND-CONTROLLED ENVIRONMENT "America's Community Yoice on Aviation Noise Issues" • An Affiliate of the National League of Cities PRESIDENT n ~ ~ ~- - 5 20 Susan Lienesch p5 Councilmember BY Centerville, OH July 29, 2005 ' VICE-PRESIDENT Skip Lowry Councilmember St. John, MO sscoND Mr. Tom Hedges V1CF PRESIDENT City Manager Mary Rose Evans commissioner City of Eagan, MN Parkway Village, KY 3830 Pilot Knob Road SECRETARY Eagan, MN 55122 George Nichols Met. Washington cnuneii orcov't5 Dear Mr. Hedges: TREASURER Dennis Patten Commissioner On behalf of the National Organization to Insure aSound-controlled Environment (NOISE), and Brook Park, ox. the thousands of individuals and communities we represent across the United States, I would like to LEGISLATIVE personally thank you and extend our gratitude for participating in a panel discussion t the 2005 COMMITTEE cncnairs NOISE Summer Conference and Aviation Noise Symposium in Eagan, MN. While I was Sandra Colvin-Roy unable to attend the conference, many of our board members commented that the speakers this year Councilmember M;nneapoi;s, Mx were by far the best of all previous summer conferences. Further, were it not for the dedication you Conrad Bowers and your staff demonstrated to the conference it would not have been the overwhelming success it Mayor Bridgeton, MO W3S. CONFERENCE COMMITTEE As we move into our 36~' year, I continue to marvel at how much we have accomplished through Chair Dave Carbone the past decades. Not only has NOISE grown into a nationally recognized organization but we r Senior Planner have continued to bring together new and exciting ideas from around the globe, while maintaining San Mateo Cnry, CA our status as an organization committed to local communities and neighborhoods across the nation. EXECUTIVE I firmly believe that a large amount of our success can be attributed to the annual summer DIItECTOR Dennis McGrann conferences held around the U.S., highlighting what NOISE does and providing a forum for new Washington. Dc ideas, insights and activity. A successful conference results in a successful organization. It is due in no small part to speakers of your caliber participating in our summer conferences that will enable us to grow as an organization and continue to advocate responsible public policy initiatives. Again, thank you for your participation. I look forward to working with you in the future. Sincerel yours, ~. ~ , ~ p~-P,N ~- Susan Lienesch 7~i% NOISE President Councilmember, City of Centerville, OH Cc: C. Fields ~~ NOISE • 660 Pennsylvania Avenue, SE • Suite 301 • Washington, DC 20003 • (202) 544-9844 Fax (202) 544-9850 • Email contact(a~aviation-noise.org • Web www.aviation-noise.org ~ ~I~~r ~ NATIONAL ORGANIZATION TO INSURE ABOUND-CONTROLLED ENVIRONMENT "America's Community Voice on Aviation Noise Issues" • An Affiliate of the National League of Cities PRESIDENT Susan Limesch Councilmcmber cmtervine, ox July 29, 2005 VICE-PRESIDENT Skip Lowry Councilmember St. John, MO SECOND Ms. Dianne Miller VICE-PRESIDENT Assistant to the City Manager Mary Rosc Evans commissioner City of Eagan Parkway Village, Kr 3830 Pilot Knob Rcad SECRETARY Eagan, MN 55122 George Nichols Met. Washington comeil orGo~ to Dear Ms. Miller: 'TREASURER Dennis Patten On behalf of the members and staff of the National Organization to Insure aSound-controlled Commissioner Brook Perk, ox. Environment (NOISE), I would like to personally thank you and extend our heartfelt gratitude for LEGISLATIVE the tremendous work you put into the 2005 NOISE Summer Conference and Aviation Noise COMMITTEE co-chairs Symposium in Eagan, MN. Without your tireless efforts in meeting with our staff, providing Sandra Colvin-Roy invaluable information and reaching out to local constituents the conference would not have been the Councilmember Minneapoli:. MN overwhelming success that it was. Conrad Bowers Mayor Bridgeton, MO As we move into our 36th year, I continue to marvel at how much we have accomplished through the coxPERENCE past decades. Not only has NOISE grown into a nationally recognized organization, but we have COMMITTEE continued to bring together new and exciting ideas from around the globe, while maintaining our Chair Dave Carbone status as an organization committed to local communities and neighborhoods across the nation. Senior Planner San Mateo Cnty, CA I firmly believe that a large amount of our success can be attributed to the annual summer conferences held around the U.S., highlighting what NOISE does and providing a forum for new ExECUTrvE ideas, insights and activity. A successful conference results in a successful organization, and through DIltECTOR Dennis McGrutn your leadership in Louisville we will be able to grow as an organization and continue to advocate Washington, DC responsible public policy initiatives. ity of Centerville, OH Again, thank you for the outstanding job you did in hosting such a tremendous summer conference. I look forward to working with you in the future. Sincerely ours, J1 .~ Susan Lienesch NOISE President Councilmember, C Cc: T.Hedges /ss NOISE • 660 Pennsylvania Avenue, SE • Suite 301 • Washington, DC 20003 • (202) 544-9844 Fax (202) 544-9850 • Email contact(a~aviation-noise.org • Web www.aviation-noise.org DAKOTA VALLEY RECYCLING Memo DATE: August 8, 2005 TO: Tom Garrison, Charles Grawe, and Terry Schultz FROM: Susan Bast RE: Update on Eagan/Apple Va1leyBurnsville Recycling Activities The July 2005 Dakota Valley Recycling Program activities included: • Brainstormed ideas for 2006 grants • Multi-Family Recycling Project 1. Delivered some Eagan lake water quality brochures to Lemay Lake Apartment 2. Recorded recycling rates for Lemay Lake Apartments in Eagan and Hearthstone Apartments in Apple Valley. 3. Met with the manager of Hearthstone apartments in Apple Valley, Brandi Ross. 4. Attended the Dakota County Local Solid Waste Staff meeting to update county staff on the progress of the Multi-family project 5. Sent surveys to residents of Lemay Lakes and Hearthstone 6. Developed Access Data base of apartments in Apple Valley, Eagan and Burnsville. 7. Revised the three educational pieces that were developed by the graphic artist 8. Faxed surveys to apartment offices in all three cities to obtain more information for our data base • Eagan enhanced service project -the Electronics Collection Event 1. Residents brought in 51,274 pounds of electronics for recycling 2. Developed a draft of a letter to the Environment, Natural Resources, and Economic Development Omnibus Budget Committee (Senate File 69) expressing disappointment at the legislature's postponement of the CRT ban. 3. Submitted summary of the event for the Eagan newsletter. • Attended Apple Valley Clean-up Day meeting on 7/12 • Attended a workshop at the U of M on LEED (Leadership in Environmental and Energy Design) buildings in Minnesota. • Requested cardboard desk-side recycling bins from Dakota County and delivered them to Apple Valley • Checked with city IT departments and ordered three Technotrash cans from Green Disk to recycle CD's, VHS tapes, floppy disks, and other electronic waste. • Answered questions from residents and businesses in Burnsville, Eagan and Apple Valley. • Updated the www.dakotavalle r~ecycling.org website • Submitted an Eagan newsletter article for recycled school supplies. • Requested office paper reduction tools from the MN OEA /s9 Researched the proper way to dispose of unwanted prescription medications - requested flyers from the MN OEA and contacted the City of South Bend, IN to find out about their "Pill Drop". Get Caught Recycling Campaign 1. Faxed press release to This Week and Sun Current 2. Requested travel mugs from Dakota County for one of the prizes 3. Mapped recycling routes/pick-up times to make sure recycling was out, but not picked up. 4. Invited Burnsville/Eagan Community TV to film the event 5. Sent thank you letters to businesses that donated gift certificates 6. Ordered balloons for gift bags. National Recycling Coalition Congress (August 28 - 31) 1. Met with committee members on 7/7 and 7/28. 2. Researched bands and other entertainment 3. Researched information to include in the attendee packet such as downtown maps, bike trail maps, and public transit information. 4. Finalized arrangements for entertainment for the MN host party at the Mill City Museum Environmentally Preferable Purchasing (EPP) Workshop 1. Hosted meeting on 7/6 2. Researched recycling bin vendors 3. Invited Busch Systems recycling container distributor 4. Designed workshop flyer 5. Sent speaker confirmation letters. 6. Met with City of Burnsville Attorney to discuss the contract for the Key Note speaker, Tom Votta /so -----Original Message----- From: Peterson, Lynn [mailto:lpeterson@LMNC.ORG] Sent: Wednesday, August 10, 2005 1:19 PM To: General legislative Subject: [legislative] ACTION ALERT: Federal Anti-Cable Franchising Legislation August 10, 2005 ACTION ALERT TO: Mayors, Councilmembers, Cable Franchise Administrators FROM: Ann Higgins, IGR Representative RE: Federal Anti-Cable Franchising Legislation Congress is currently considering a bill that poses a grave threat to local cable franchises. We need you to contact members of the Minnesota Congressional delegation to express your strong opposition to S. 1504 -the Broadband Investment & Consumer Choice Act. Members of the Minnesota Congressional Delegation must understand cities' concerns and recognize serious opposition by local officials to S. 1504 and any other federal legislation that threatens to eliminate or seriously weaken local cable franchising authority. S. 1504, introduced by Sen. John Ensign (R-N~, would make the far-reaching changes to the federal Communications Act, immediately eliminating existing cable franchises and severely restricting any future role for cities in negotiating franchise requirements to provide for institutional networks (I-Nets) or capacity on local cable systems for public, educational and government (PEG) programming. The League of Minnesota Cities and the National League of Cities are concerned that the bill, introduced just as members of Congress left for their summer recess, poses the most immediate threat to the future of municipal cable franchising. City officials must make sure that members of the Minnesota Congressional Delegation know that city officials also strongly oppose provisions in HR 3146, introduced by Rep. Blackburn (R-TN), and S. 1349, introduced by Senators Smith (R-OR) and Rockefeller (D-WV), that call for national cable/video franchising, thereby allowing new entrants competing with incumbent cable companies to offer competing video programming services without obtaining a local franchise. While HR 3146/S. 1349 retain city authority to collect franchise fees, manage public rights-of--way and continue PEG channels, it is evident that effective exercise of that authority would be much more difficult under terms of this legislation since provisions give cable and other new competitive tv programming service providers (such as phone companies, FFTH (fiber-to-the-home) or BPL (broadband over powerline) permission to turn on cable/video services without notifying the city. While the legislation retains language prohibiting economic redlining, provisions fail to provide for enforcement. S. 1504 goes further. Provisions would not only do away with existing cable franchises, but would also: / 9/ • Create new federal policy applicable to all video service providers -both incumbents and new entrants that would pre-empt local franchising authority; • Limit the amount of fees cities can collect to the cost of managing local rights-of- way; • Change the definition of gross revenues of such providers upon which fees are based; • Eliminate I-Nets and PEG capital grants and support and restrict PEG to no more than four channels; • Pre-empt local authority to impose quality of service and consumer protection measures; • Repeal anti-redlining ("cherry-picking") protections and end any local build-out requirements for new entrants; • Grant private providers the right of first refusal before cities would be allowed to provide municipal communications services. Telecommunications industry lobbyists and officials representing the telecommunications industry are unfairly claiming that local franchising and municipal entry are bamers to entry to the private sector. Local officials can point to strong support at the local level for non-exclusive franchise requirements in the Minnesota Cable Act that promote competition. In fact, at least 25 cities in Minnesota now have competitive cable franchises in place. It is also important to point out that the League and the Minnesota Association of Community Telecommunications Administrators (MALTA), which represents city cable franchise administrators, and the Minnesota Telecommunications Alliance (MTA), representing telephone companies operating throughout the state, reached agreement and worked together to support state legislation during the 2005 state legislative session to make it possible for local franchising negotiations to assure true competition meets community needs, rather than leaving that outcome to be determined solely by private providers. Without such authority, hard-to-serve locations and lower-income neighborhoods would be less likely to benefit from competition. Strong lobbying by incumbent cable companies that sought to protect their existing franchise service areas from competition from new providers prevented final floor action on the bill. Please call or email members of the Minnesota Congressional Delegation to alert them to your concerns or take the opportunity to talk directly with them during local events or scheduled meetings in the district during the summer recess, now through the State Fair. To e-mail your concerns, click on the name below for a direct link to their web page and click "contact me." Senator Mark Dayton Senator Norm Coleman* Toll-free 888-224-9043 Toll-free 800-642-6041 Congressman Gil Gutknecht Toll-free 800-862-8632 / 9~ Congressman John Kline Toll-free 888-808-6644, Burnsville 952-808-1213 Congressman Jim Ramstad Minnetonka 952-738-8200 Congresswoman Betty McCollum* St. Pau1651-224-9191 Congressman Martin Sabo Congressman Mark Kennedy. Congressman Collin Peterson Congressman James Oberstar Minneapolis 612-664-8000 Buffalo 763-684-1600 Detroit Lakes 218-847-5056 Duluth 218-727-7474 * Indicates former Minnesota City elected officials. / 9~' News from the National League of Cities For Immediate Release Contact: July 29, 2005 Sherry Conway Appel, 202-626-3003 City Officials Concerned That Ensign Bili Would Gut Communications Act Washington, DC, July 29-City officials announced their strong opposition today to a bill just introduced by Senator John Ensign (R-Nev) to rewrite the Communications Act, which appears to gut the role that local and state government plays in protecting the rights of citizens. "This bill takes away most controls and protections that local governments need to monitor and ensure that the communications industry is responsible and responsive to our citizens," said Arvada, Colo, Mayor Ken Fellman, and lead spokesman for the National League of Cities (NLC) on telecommunications issues. "This bill eliminates local cable franchising altogether. It cripples our ability as local governments to manage our public rights-of--way and it blocks our efforts to ensure that communications services are available to anyone, not just the chosen few." Among the many concerns about the Broadband Investment and Consumer Choice Act (S.1504) noted by NLC officials are: • Franchise Issues o The bill would immediately eliminate all existing local franchise agreements. The new provisions would be applicable to all video service providers, both existing cable companies and new entrants. o Although the bill retains the current five percent gross revenue cap on franchise fees to address local government concerns, it limits the revenues from these fees in two ways: 1) by limiting these fees to the cost of managing the rights-of--way; and 2) providing four-and-a-half pages of exceptions to what can be included in the gross revenue costs, gutting existing contractual agreements. o The bill allows video providers to ask the Federal Communications Commission (FCC) to reduce their franchise fees and makes the FCC the arbitrator of disputes over franchise fees, forcing local governments nationwide to incur the costs to come to Washington to resolve disputes. • Permitting and Rates o The Ensign bill prohibits municipalities from charging fees for issuing construction permits needed to install or upgrade facilities. o The bill eliminates all rate regulation of any kind of any telephone or video service. Companies will now be able to undercut prices of a competitive provider in .one part of a city, while charging higher prices for the same services in communities that might not be as attractive to competitive providers. l9y Public Channels and Consumer Protection o Under the bill, video providers would be required to offer only four public, educational and government (PEG) public access channels. o All consumer protection rules would be adopted at the federal level and state commissions would be responsible to enforce these provisions. o The sole regulatory role of local governments for video communications would be to select which four channels would be used as PEG channels. o It weakens provisions for customer service standards on data and telephone services. • Ability of local governments to offer communications services to their communities, i.e., broadband services offered by municipalities o Cities would be required to develop a detailed description of any project, including cost, services to be provided, coverage area, terms and architecture. The city must then employ a neutral third-party to conduct an open bidding process. In the event a public entity is chosen, any private entity receives the right to use government facilities such as in- ground conduits or trenches. o Existing government projects to provide these types of services would be grandfathered, but not if they are "substantially expanded." NLC President Anthony A. Williams and mayor of Washington, DC, acknowledged the need to modernize regulation of the telecom industry to reflect the knowledge-based economy and environment of the 21St century. "But we must have balance when we look at telecommunications issues," Williams said today. "We support new technologies and new ways to deliver information, voice and video services, and we welcome head-to-head video competition in our cities and towns throughout the country, but this bill won't help us achieve that goal." Mayor Fellman, who chairs NLC's Information Technology and Communications Committee, said, "We have grave concerns about the language in Senator Ensign's bill. We will spend the recess educating members about the crippling impact this would have on our ability as local governments to manage our public rights of way, and to serve our citizens. Not only is the bill bad public policy, but it revokes existing contracts, creates special exemptions for telecommunications companies, and, in a number of respects, appears to be unconstitutional." NLC will be working with state leagues and local elected officials to educate Congress about the strong opposition of local governments to this bill. The chairs of both the Senate and House Commerce Committees, Sen. Ted Stevens (R-Alaska) and Rep. Joe Barton (R-Texas) are expected to introduce their own rewrite bills later this year. For more information, contact Sherry Conway Appel, 202-626-3003. / 45 natoa® ~- 1800 Diagonal Road, Suite 495 The Notional Association of Alexandria, VA 22314 r° Telecommunications Officers and Advisors0 703-519-8035 {,~ ~ 703-519-8036 Fax www.natoa.org Contact: Libby Beaty FOR IIVIlVIEDIATE RELEASE 703-519-8035 lbeatyCa,natoa.ore Local Government Rejects Ensign/McCain Legislation August 2, 2005, Alexandria, VA -Calling the proposed legislation "a huge disappointment," the National Association of Telecommunications Officers and Advisors (NATOA) reacted strongly to the pre-recess introduction of Senate Bill S. 1504, the Broadband Investment and Consumer Choice Act of 2005 by Senators Ensign (R-NU) and McCain (R-AZ). NATOA is calling upon its members to oppose the bill. "Local governments want and welcome competition in their communities, but this legislation is certainly not an acceptable approach and will not achieve the stated goals of competition and consumer choice," said Coralie Wilson, President of NATOA. "The legislation gives away all of the rights of a community to protect its citizens, and provides no assurances that local residents will reap any benefits as a result of its adoption. It is nothing more than a veiled attempt to eviscerate the lawful power of state and local elected leaders, to undermine the principles of federalism, and to create an unnecessary and unwarranted subsidy for an already healthy and wealthy private telecommunications sector." The legislation strips local authorities of their ability to meet the needs of their local communities, it deprives local communities and their taxpayers of the benefits they have long derived from permitting private industry to use public property in exchange for payment, it provides unprecedented tax benefits to the telecommunications industry without any concurrent benefit to the public, and it undermines the ability of first responders to use communications services and tools to ensure the safety and security of our communities. It purports to establish a framework that will supposedly increase competition and consumer choice, and yet strips consumers of all independent recourse and denies all potential competitors, other than the giant incumbent telephone and cable companies, the ability to compete. In reviewing the legislation, Executive Director Libby Beaty stated, "I appreciate the time and interest that Senators Stevens and Inouye and their staff have evidenced thus far in their outreach to all stakeholders in the telecommunications rewrite debate. I am surprised that Senator Ensign has not taken the same deliberate approach, or provided for the interests of all parties to be considered. NATOA will reach out to our members to ensure that they have the information and tools appropriate and necessary to assist in educating our elected leaders at all levels, in hopes of eventually reaching a more reasoned and balanced approach to reform." NATOA is preparing analysis and educational materials for local governments to use in the course of communicating with their elected officials. Beaty stated, "We hope that by providing the facts and educating those serving in Congress, we may be able to shed light on the variety of detrimental effects this legislation would have on consumers, local governments and our economy." NATOA represents local governments and those who advise local governments on telecommunications issues and its membership includes local government agencies and staff that regulate cable services at the local level. The experience of NATOA's membership with respect to competition in the multi-channel video marketplace and consumer issues in this market is second to none. ##### 96 USCM Draft Analysis of H.R./S. Video Choice Act of 2005 June 30, 2005 Ron Thaniel H.R. Sponsors: Marsha Blackburn (7th Tl~ Albert Russell Wynn (4tn MD) Regulatory Relief: Redundant Franchises Prohibited. No CVSP provider may be required, whether Federal, State, or local law, to obtain a franchise, in order to provide any video programming, interactive on-demand services, other programming, interactive on-demand services in any Federal, State, or local law, any right, permission, or authority to establish lines in or across public rights-of--way in such geographic area, which right, permission or authority does not rely on, and is independent of, any cable franchise obtained. Fees Permitted -Any CVSP provider maybe subject to the payment of fees to a local franchising authority, based on the gross revenues of the provider within the jurisdiction of such franchising authority. S. Draft Anal Sponsors: Gordon H. Smith (OR) John D. Rockefeller IV (WV) Regulatory Framework: Ignores the. fact that~~'~ Redundant Franchises a telephone Prohibited No CVSP provider maybe required, whether Federal, State, or local law, to obtain a franchise in order to provide any video programming, interactive on-demand services, other programming services, or any other video services in any area where such provider has any right, permission, or authority to access public rights-of--way independent of any cable franchise obtained pursuant to any other Federal, State, or local law. company"s certificate of public convexaience (CPC~I) is rioter cable franchise, nor a legal grant to provide cable services. Prohibits franchise ~~ agreernents on CVSP t}~ereby climinatin~ the tool cities use to collect franchise. fees and manage their rights=off way. Fees -Any CVSP provider who provides a service that otherwise would qualify as a cable service provided over a cable system shall be subject to the payment of fees to a local franchise authority based on the gross revenues of such provider that are attributable to the provision of such service within such provider's service area. The Senate bill apparently supports SBC"s argument that it should not be subject to franchise =- fees because its Internet-based service will be qualitatively different from cable TV. The Mouse bill would capture S13C. Both bills give local governrnent the authority to collect fees but no /9~ USCM Draft Analysis of H.R./S. Video Choice Act of 2005 June 30, 2005 Ron Thaniel Limits On Fees -The rate at which fees are imposed shall not exceed the rate at which franchise fees are imposed on any cable operator providing cable service in the jurisdiction of the franchising authority. In any jurisdiction in which no cable operator provides services, no more than the rate at which franchise fees could be imposed rate on a cable operator. PEG Obligations And Duties - Any CVSP provider shall carry, within each local franchise area, any public, education, or government use channels that are carried by cable operators within such franchise area, and, in any franchise area not served by a cable operator, provide reasonable public, educational or governmental access facilities. Carry the signals of local commercial television stations. Carry the signals of local noncommercial educational television stations. Limits On Fees -The rate at which fees are imposed shall not exceed the rate at which franchise fees are imposed on any cable operator providing cable service in the franchise area. In any jurisdiction in which no cable operator provides service, the rate at which franchise fees are imposed shall not exceed the statewide average. PEG Obligations And Duties -CVSP providers shall carry, within each local franchise area, any public, educational, or governmental use channels that are carved by cable operators within such franchise area. Provide in any jurisdiction in which no cable operator provides service, reasonable public educational and government access facilities. Must-carry provisions (signals of local commercial television stations.) Carey noncommercial, educational channels. actual mechanism because the bills do not permit franchise agreements on CSVP. fees can be charged on CSVP up to 5% like cable. In areas where there is no franchise operator, the House bill recognizes that fees can be charged up to ~% unless limited by law. In areas where there is no francbise~- operator, the Senate bill would establish that the fee be the statewide average, which could be lower than the ~%. Both bills require CVSPs to carry PFG chamlels. No requirement fir PEG capital gra~~ts. /9~ USCM Draft Analysis of H.R./S. Video Choice Act of 2005 June 30, 2005 Ron Thaniel Economic Redlining - CVSPs shall not deny services to any group of potential residential subscribers because of the income of the residents of the local area in which such group resides. State And Local Government Authority -Except prohibiting franchising of CVSPs, nothing in this section affects the authority of a State or local government to manage the public rights-of--way. Equal Employment Opportunity Economic Redlining - CVSPs Both bills prohibit shall not deny services to any economic. redlining group of potential residential but remove local subscribers because of the enforcement by income of residents of the local prohibiting local area in which such group franchise authority resides. State And Local Government Authority -Except prohibiting franchising of CVSPs, nothing in this bill affects the authority of a State or local government to manage the public right-of- way or to enact or enforce any consumer protection law. Existing Franchise Agreements -Any franchise agreement entered into by a franchising authority and a CVSP provider for the provision of video service prior to the date of enactment of this Act shall be exempt from the provisions of this Act for the term of such agreement. Equal Employment Opportunity over CVSPs. Both bills suggest recognition of local authority over their rights-of--way while prohibiting local franchising authority. Senate bill rives State and local govenullents the right to "enact or el~torce any consumer protection aw- Senate bill only. Neither bill requires ELO rotes applied to cable providers. /9y Association of Metropolitan Municipalities AMM News Page 1 of 3 August 11 , 2005 Archives Court Rules: Clean Up the Water The landmark court case that several groups, including AMM, have been following for months is now in the history books. The cities of Annandale and Maple Lake lost their bid to expand wastewater treatment facilities that would further impair the Crow River, an impaired water. The Minnesota Center for Environmental Advocacy successfully challenged the Minnesota Pollution Control Agency's (MPCA) issuance of a National Pollutant Discharge Elimination System (NPDES) permit. The state Court of Appeals reversed an earlier decision by the District Court and found in favor of MCEA. The effect on the Cities of Annandale and Maple Lake is they can't build a new wastewater treatment plant until the cities determine how to avoid additional nutrient loading in the Crow River. That means Annandale and Maple Lake can't grow. The ruling has implications statewide, including in the Metro Area. The entire seven county area is in the watershed of several impaired waters and the effect of the MCEA's successful lawsuit is that development interests in the Metro Area are seriously threatened by the potential of lawsuits aimed at Metro development projects. The Annandale-Maple Lake lawsuit and similar suits across the country was the impetus for the Clean Water Legacy Act legislation that didn't pass the legislature this past session. (See the March 4th and subsequent editions of the AMM News - "Clean Water May Cost an Arm and a Legacy" for additional details.) The legislation passed primarily because many groups, including AMM, opposed the financing method for the proposed clean water activities. The objection was that the legislation proposed the creation of a $36 per household fee and more for businesses. The fee would be collected by local governments through the property tax and local wastewater utility rate systems, to raise money to finance state agency programs, services and staff. This fee structure was settled on because tax increases under a "no new taxes" pledge would not be supported by the Governor or the House. AMM argued that state programs, even those for an effort as critical as cleaning up impaired waters, should be financed through traditional state sources. A last minute effort in the Senate at the end of the 2005 session to raise general fund revenues for Clean Water Legacy activities failed. The Pollution Control Agency is studying the court ruling to determine the impact on their permitting processes. The court's ruling assures that the Clean Water Legacy Act will be back before the legislature at the next opportunity. In the meantime, AMM's Municipal Revenues Policy Committee will be discussing the concept of utilizing the property tax and utility rate system to raise funds for state programs. http://www.amm145.org/newsletter.htm ~ ~ ~ 8/11/2005 Association of Metropolitan Municipalities Page 2 of 3 Preview of New, Improved Planning Handbook Scheduled AMM and a few municipal planning staff were offered a brief preview of the Metropolitan Council's revised Comprehensive Plan Handbook. The preview focused on how the handbook was created and how it could be used. The local planners in attendance were impressed by the quality of the product. More importantly, they felt that the preview would help them use the Handbook more effectively. We asked the Council staff to replicate their presentation for a larger AMM audience and they agreed. AMM will be hosting a meeting for city planners to preview the Handbook on September 8th at 2:00 p.m. in the St. Croix Room of the LMC Building. Met Council staff will make the presentation and will be available for questions. We encourage your planning staff to attend please RSVP to Laurie Jennings, Laurie(a~amm145.org or 651-215-4004. Peter Bell Meeting Topic Suggestions Encouraged In the July 26 th edition of AMM News, we announced three scheduled meetings with Met Council Chairman Peter Bell. The meetings are intended to be a dialogue between Chair Bell and local elected officials and senior staff. As a potential outline for the meetings we listed a variety of subjects that could be covered including: We envision the Agenda to include the following: . Welcome from the host city . Quick introduction of the attendees . Brief introduction by Peter Bell of the topics that he wants to discuss . Brief introduction from one or more of the local elected officials of the topics that they wish to discuss . Informal discussion of the topics, including agreement on Met Council, AMM, or city follow up where information or staff action is requested . Adjourn Potential agenda topics for the Council and AMM cities could include: . Met Council's vision for the Metro Area and policy issues it faces . Projected growth of Metro Area and the collar counties and the relationship between them . How the Met Council should react to projected Metro Area growth in crucial areas of: o Transportation/transit o Sewer capacity o Drinking water/storm water management o Aviation o Others • Communications between Met Council policy makers and city policy makers throughout the Comprehensive Planning process . Tools the Met Council is considering to assist and/or direct cities in the next few years . The role of the Met Council vis' a vis' municipal governments and the Pawlenty Administration . Prospective 2006 legislative initiatives being considered by the Council or by municipal interests http://www.amm145.org/newsletter.htm ~D , 8/11/2005 Association of Metropolitan Municipalities Page 3 of 3 • Others But we are also looking for topics that aren't on the list, but are of particular importance to you. Please review the list and contact Laurie Jennings at 651-215-4004 if you have additional topics that you and your elected officials would like to discuss with Peter Bell. Please be sure to tell us which meeting you plan to attend. RSVP to Laurie Jennings at LaurieC~~amm145.org or 651-215- 4004. These meetings will start at 7:30 a.m. and end no later Phan 9:00 a.m. Friday-September 16, 2005 Civic Center Training Room 11155 Robinson Dr Coon Rapids, MN 55433 (763)767-6493 Thursday-September 22, 2005 Maplewood Community Center 2100 White Bear Ave Maplewood, MN 55109 (651)249-2100 Friday-September 30, 2005 Eden Prairie City Center Heritage Room 4 8080 Mitchell Road Eden Prairie, MN 55344 (952)982-2405 AMM News is sent periodically to all AMM city managers and administrators. The information is intended to be shared with mayors, council and staff in order to keep ot1'rcials abreast of important metro city issues. © Copyright 2005 AMM 145 University Avenue West St. Paul, MN 55103-2044 Telephone: 651-215-4000 Fax: 651-281-1299 Email: amm@amm145.org aoa http://www.amm 145.org/newsletter.htm 8/ 11 /2005 Status Report for Eagan August-05 Elderly Amount Handicapped/ of ASSISTED HOUSING Disabled Family Total Chance Section 8 Housing: Vouchers 178 246 424 -2 Portable 7 26 33 -2 Project Based 0 0 0 0 HOME TBRA 4 2 6 0 Low Rent Housing (HUD) 0 30 30 0 CDA Bond Financed Senior Housing 190 0 190 0 CDA Tax Credit Housing 0 76 76 0 Non-CDA Bond Financed Housing 32 21 53 0 Non- CDA Tax Credit Housing 0 16 16 0 MAX 200 (Short Term Senior) 1 0 1 1 Shelter + Care 3 0 3 0 Bridges 0 11 11 0 TOTAL ASSISTED HOUSING 415 428 843 -3 Elderly Amount Hardlcappedl of COMMUNITY DEVELOPMENT Disabled Family Total Chan e CFUF 0 1 1 0 MHFA Home Improvement Loan 5 27 32 0 MHFA Home Rehab Loan 6 13 19 0 CDBG Rehab Loan 13 81 94 1 First Time Homebuyer 0 790 790 0 Weatherization 22 135 157 0 TOTAL COMMUNITY DEVELOPMEN T 46 1D47 1093 1 Project Based Section 8 None Project Based Tax Credit: Non-CDA Managed: Wescott Townhomes (i6 units) CDA Managed: Oak Ridge Townhomes (42 units) Erin Place (34 units) Project Based Bond Financed: Non-CDA Managed: Cedar Villas (2laffordablel104 total family units) Commons on Marice (32 affordable/ 156 total senior units) CDA Managed: Senior: O'Leary Manor (65 units) Oakwoods of Eagan (65 units) Lakeside Pointe (60 units) ao3 PROTEClIV~' INSPEC7TONS Y 2005 TYPE OF PERMIT PER MITS VALUATION BASE FEE PLAN REVIEW YTD MO YTD MO YTD MO YTD MO FOUNDATION 1 0 10,000 0 181.25 0 0 0 SINGLE FAMILY New 38 6 7,393,000 1,246,000 57,827.30 9,580.10 37,587.84 6,227.08 Addition/Porch 45 11 593,000 130,000 10,008.90 2,270.10 3,186.86 869.43 Fireplace 72 10 144,000 20,000 4,968.00 690.00 0 0 Deck 107 27 214,000 54,000 7,383.00 1,863.00 0 0 Lower Level 111 17 222,000 34,000 7,659.00 1,173.00 0 0 Garage 11 2 84,000 6,000 1,629.50 166.25 499.03 0 Pool 19 7 292,000 128,000 4,895.25 1,913.25 208.81 0 Fire Repair 2 0 196,000 0 1,740.60 0 0 0 Ext Impr 341 72 741,000 150,000 24,362.00 5,052.75 0 0 Move 1 0 0 0 75.00 0 0 0 Demo 4 0 0 0 300.00 0 0 0 Other Alt 63 8 657,000 66,000 11,371.47 1,253.75 4,604.06 254.31 DUPLEX New _ _ 6 _ 0 743,000 0 6,763.30 0 3,538.44 0 Ext/Intlmpr 0 0 0 0 0 0 0 0 TOWNHOMES New 19 4 4,594,000 397,000 30,082.75 3,954.00 13,163.59 988.51 Int/Ext Impr 58 12 969,600 383,000 14,730.85 4,830.90 0 0 Fire Repair 6 0 420,000 0 4,470.60 0 918.78 0 APTS/LODGING New 1 0 4,583,000 0 18,686.70 0 12,146.35 0 Int/Extlmpr 58 6 1,764,300 310,000 19,144.20 3,076.50 3,643.70 261.58 Fire Repair 0 0 0 0 0.00 0 0 0 COMM/IND New 19 4 20,628,000 3,422,000 106,592.85 17,548.20 69,286.36 11,407.34 Addition 2 0 1,109,000 0 6,534.85 0 4,247.66 0 Int Impr 71 10 22,826,000 840,000 126,430.05 7,447.10 80,560.41 4,650.49 Exttmpr 17 3 2,984,000 121,000 21,559.93 1,551.15 4,713.51 727.35 Misc Alt 0 0 0 0 0 0 0 0 Fire Repair 0 0 0 0 0 0 0 0 Demo 7 0 0 0 525.00 0 0 0 PUBLIC FACILITY New 0 0 0 0 0 0 0 0 Addition 1 0 446,000 0 2,931.35 0 1,905.38 0 Ext/Int Impr 4 0 929,000 0 6,384.90 0 1,821.56 0 Misc Alt 0 0 0 0 0 0 0 0 ACCESSORY BLDGS 2 0 6,000 0 166.25 0 O O ANTENNAES 0 0 0 0 0 0 0 0 GREENHOUSES 9 1 18,000 2,000 621.00 69.00 0 0 OTHER (DEMO) 8 1 43,000 0 998.75 75.00 254.31 0 MO. SUBTOTAL---> 201 7,309,000 62,514.05 25,386.09 ADJUSTMENTS -3 -2 -241,000 -6,000 -1,916.00 -166..25 -1,327.87 MO. TOTAL--------> 199 7,303,000 62,347.80 25,386.09 Y-T-D BLDG PERMITS-> 1,100 72,367,900 497,108.60 240,958.78 OTHER PERNII'TS PLUMBING 706 97 _ HVAC 502 113 SEWER & WATER 88 15 FIRE 72 5 aoy PROTECTIVE INSPECTIONS MONTHLY REPORT COMMERCIAL/INDUSTRIAL & INSTITUTIONAL BREAKDOWN JULY 2005 BLDG PERMIT # ADDRESS & LEGAL OWNER VALUATION TYPE 2815 Dodd Rd (Bank at Grand Oaks) 69691 L2, B 1, Grand Oak Five Revestors Grou I LLC $2,500,000 Comm New 3080 Lexington Ave S (Office Building) 66169 L2, B 1, Clubview Max Steinin er 442,000 Comm New 4120 Lexington Way (Office Building) 69597 L1, B 1, Soderholm 2nd Commercial Pro erty Devel Co $250,000 Comm New 3898 Valley View Dr S (Office Building for Apts) 70027 L031, B 10, Section 19 View Pointe A artments $230,000 Comm New 950 Apollo Rd (Iron Mountain) 69799 L2, B1, A olio Business Center Duke Realty Ltd Ptnshp $373,000 Comm Impr 655 Lone Oak Dr 69984 L1, B1, Cray 2nd Ecolab $158,000 Comm Impr 3030 Lexington Ave #150 (Global Logistics) 69710 L1, B 1, Ea andale Ctr Ind Pk #13 Iret Pro erties $117,000 Comm Impr 2700 Blue Water Rd (First Impressions) 69706 L4, B 1, Grand Oak Two Grand Oak Office VI LLC $89,000 Comm Im r 1288 Promenade Pl (Jake's City Grill) 69926 L4, B2, Ea an Promenade Malt Tste Brian C 72,000 Comm I r 2250 Cliff Rd 69855 L1, B 1, Oak Cliff 6th S eedway Su eramerica LLC 48,000 Comm Im r 4565 Scott Tr (New Horizon Daycare) 69696 L1, B 1, Cedar Cliff Comm Pk 3rd T & K Construction Services 29,000 Comm Im r 3140 Neil Armstrong Blvd 69756 L4, B 1, Ea andale Co orate S uare DDB Inc 20,000 Comm Im r 1960 Cliff Lake Rd (Slim 4 Life) 70013 L2, B 1, Cliff Lake Centre Inland Ryan Cliff Lake LLC 15,000 Comm Im r 1260 Promenade Pl (Panera Bread) 69711 L7, B2, Ea an Promenade A ache Commons LLP 13,000 Comm I r 4640 Nicols Rd (Hagen Financial Network) 69569 L1, B 1, Oak Cliff Place Oak Cliffe Place LLC 12,000 Comm Im r 3355 Discovery Rd 69847 L1, B 1, Ea andale Co Ctr #2 Skyline Dis la s 8,000 Comm Im r 655 Lone Oak Dr 69707 L1, B1, Cray 2nd Ecolab 7,000 Comm Impr aos PROTECTIVE INSPECTIONS MONTHLY REPORT MULTI-FAMILY BREAKDOWN JULY 2005 TYPE MO. # PERMITS MO. # UNITS MO. # BLDGS Y-T-D # UNITS Y-T-D BLDGS # DUPLEX 6 3 3-PLEX 4-PLEX 4 4 1 12 3 5-PLEX 6-PLEX 3 1 7-PLEX 8-PLEX 10-PLEX 12-PLEX 14-PLEX 14 1 16-PLEX APT. BLDG. 45 1 OTHER TOTAL 4 4 1 83 9 MULTI-FAMILY BREAKDOWN - -7-OS 2132/2134/2136/2138 Cedar Grove Tr ao6 PROTECTIVE INSPECTIONS Y 2004 TYPE OF PERNIIT PER MITS VALUATION BASE FEE PLAN REVIEW YTD MO YTD MO YTD MO YTD MO FOUNDATION 1 0 10,000 0 181.25 0 0 0 SINGLE FAMILY New 56 5 9,516,000 770,000 77,579.60 6,480.75 40,552.00 2,713.12 Addition/Porch 67 13 967,500 209,000 15,733.30 3,366.75 7,003.09 1,636.21 Fireplace 86 10 172,000 20,000 5,934.00 690.00 0 0 Deck 137 37 274,000 74,000 9,453.00 2,553.00 0 0 Lower bevel 113 14 226,000 28,000 7,866.00 966.00 0 0 Garage 7 1 74,000 6,000 1,301.85 125.25 294.03 0 Pool 24 4 334,500 91,000 5,406.75 1,229.50 0 0 Fire Repair 6 0 291,000 0 3,131.50 0 1,057.94 0 Ext Impr 357 74 791,000 163,000 25,788.25 5,386.75 0 0 Move 1 0 0 0 75.00 0 0 0 Demo 1 0 0 0 75.00 0 0 0 Other Alt 63 8 1,201,300 54,500 16,301.70 1,074.00 6,914.32 353.92 DUPLEX New 4 0 577,000 0 4,966.20 0 2,074.64 0 Ext/Intlmpr 2 0 6,000 0 166.25 0 0 0 TOWNHOMES New 31 0 3,308,000 0 31,971.05 0 7,992.84 0 Int/Extimpr 184 28 1,813,000 244,000 32,785.70 4,533.75 459.39 0 Fire Repair 2 0 125,000 0 1,401.00 0 910.65 0 APTS/LODGING New 0 0 0 0 0 0 0 0 Int/Ext Impr 62 8 640,000 79,000 10,142.30 1,339.00 0 0 Fire Repair 0 0 0 0 0 0 0 0 COMM/1ND New 7 0 10,268,000 0 48,805.65 0 31,723.69 0 Addn 4 1 10,445,000 85,000 44,095.00 888.75 28,661.76 577.69 Int Impr 65 18 10,186,000 4,572,000 72,919.40 27,364.90 46,864.29 17,633.45 Ext Impr 14 4 1,139,000 414,000 10,193.85 3,195.95 0 0 Misc Alt 4 0 227,000 0 2,246.50 0 1,378.81 0 Fire Repair 0 0 0 0 0 0 0 0 Demo (1 int / 1 bldg) 8 2 0 0 600.00 150.00 0 0 PUBLIC FACILITY New 0 0 0 0 0 0 0 0 Addn 2 0 1,360,000 0 8,177.50 0 5,315.37 0 ExUlnt Impr 6 1 546,500 4,000 4,191.45 97.25 0 0 Misc Alt 1 0 1,500 0 56.00 0 0 0 ACCESSORY BLDGS 5 1 16,000 3,000 430.00 83.25 0 0 ANTENNAES 1 1 32,000 32,000 462.45 462.45 300.59 300.59 GREENHOUSES 5 0 10,000 0 345.00 0 0 0 STORM DAMAGE 0 0 0 0 0 0 0 0 OTHER (TEMP CANOP 6 1 20,000 2,000 485.50 69.00 951.70 0 MO. SUBTOTAL---> 231 6,850,500 60,056.30 23,214.98 ADJUSTMENTS -4 -8,000 -684.45 -84.94 MO. TOTAL--------> YEAR-TO-DATE----> 1,328 54,569,300 442,583.55 182,370.17 OTHER PERMITS PLUMBING 817 135 HVAC 474 103 SEWER & WATER 104 9 FIRE 64 11 ao~ Code Enforcement Activity Report Community Development Department Code Complaints Received Between 20050701 and 20050731 Address City Code Category Date File Opened Date Closed 39xx Avon Ct 20050805 Noxious Weeds 47xx Berkshire Way 20050713 Grass Maintenance-Private Property 20050720 40xx Blackhawk Rd 20050707 Grass Maintenance-Private Property 20050804 16xx Boardwalk 20050726 Refuse 64x Brockton Cur 20050805 Noxious Weeds 64x Brockton Cur 20050805 Noxious Weeds 37xx Brown Bear Tri 20050719 Noxious Weeds Grass Maintenance-Private Property 17xx Canvasback Ln 20050726 Refuse Junk Veh/Furniture/Household/Applfan 70x Caribou Lane 20050701 Fence Requirements 20050701 20xx Carnelian Ln 20050718 Parking Recreational Vehicle 20050728 50x Chapel Ct 20050714 Noxious Weeds 20050720 Slx Chapel Ct zoo5o7Y4 Noxious Weeds 20050722 0000 City-Wide 20050804 Weekly Sign Sweep - 43 signs removed 20050711 0000 City-Wide 20050804 Weekly Sign Sweep - 13 signs removed 20050718 0000 City-Wide 20050804 Weekly Sign Sweep - 18 signs removed 20050725 21xx Cliff Rd 20050721 Refuse Signs 34xx Coachman Rd 20050718 Refuse 20050727 32xx Denmark Ave 20050721 Signs 20050725 19xx Diffley Rd 20050708 Signs 46xx Dodd Rd 20050808 Noxious Weeds 12xx Duckwood Dr 20050708 Signs 13xx Duckwood Dr 20050701 Signs 20050701 42xx Dunrovin Lane 20050706 Refuse 20050803 Grass Maintenance-Private Property 20050803 41xx Ethan Dr 20050805 Noxious Weeds 44xx Fawn Ridge Tr 20050715 Firewood Storage 40xx Foxmoore Ct 20050721 Noxious Weeds 20050727 17xx Gabbro Tr zoo5o71a Page 1 of 3 ~D~ Address City Code Category Date File Opened Date Closed Home Occupation 43xx Garden Tr 20080711 Grass Maintenance-Private Property Refuse 40xx Halite Lane 20050726 Prohib Use/Parking Rec. Camping Veh. 20050728 34xx Ivy Lane z0050720 Prohib Use/Parking Rec. Camping Veh. 41xx Jacob Ct 20050805 Noxious Weeds 42xx Jasper Dr 20050721 Home Occupation 18xx Jourdan Ct 20050805 Noxious Weeds 17xx Karis Way 20050728 Grass Establishment-Private Property 20050728 43xx Kirsten Ct 20050701 R-1 Land Use Zoning Violation 35xx Krestwood Lane zoo5o727 Signs Land Use Violation Grass Maintenance-Private Property Refuse 46xx Lenore Lane 20050721 Grass Maintenance-Private Property 29xx Lone Oak Cir 20050720 Signs Land Use Violation 28xx Lone Oak Pkwy 20050803 Grass Maintenance-Private Property 40xx Mica Tr 20050728 Refuse Grass Maintenance-Private Property Junk Veh/Furniture/Household/Applian 18xx Narvik Ct zoo5o7Y3 Grass Maintenance-Private Property 20050720 40xx Northview Ter 20080802 Signs 45xx Oak Chase Rd 20050722 Noxious Weeds Grass Maintenance-Private Property 16xx Oakbrooke Dr 20050715 Noxious Weeds 20050728 16xx Oakbrooke Dr 2oo5D71a Noxious Weeds 20050728 Grass Maintenance-Private Property 20050728 27xx Pilot Knob Rd 20050711 Grass Maintenance-Private Property 20050720 29xx Pilot Knob Rd 20050714 Grass Establishment-Private Property 68x Pine Cone Tr 20050808 Noxious Weeds 15xx Pinetree Pass 20050714 Grass Establishment-Private Property 33xx Promenade Ave 20050725 Signs 20050802 33xx Promenade Ave 20050726 Repeat Nuisance Call Service Fee 20050802 Signs 20050802 33xx Rolling Hills Dr 20050706 Parking Truck/Trailer/Comm Vehicle 20050728 17xx Sartell Ave 20050729 Grass Establishment-Private Property Refuse Page 2 of 3 ao9 Address City Code Category Date File Opened Date Closed 36xx Sibley Memorial Hwy 20050525 Firewood Storage 46xx Slater Rd 20050805 Noxious Weeds 15xx Thomas Center Dr 20050725 Signs 20050725 15xx Thomas Center Dr 20050714 Obstruction on Public Prop-Streets Refuse 15xx Thomas Center Dr 20050721 Obstruction on Public Prop-Streets Grass Maintenance-Private Property Refuse lOxx Tiffany Dr 20050805 Noxious Weeds lOxx Tiffany Dr 20050805 Noxious Weeds lOxx Tiffany Dr 20050805 Noxious Weeds 42xx Trenton Tr 20050705 Grass Maintenance-Private Property 20050715 19xx Turquoise Tr 20050721 Fence Requirements Refuse 44xx Woodgate Cove 20050712 Grass Establishment-Private Property 20050720 44xx Woodgate Cove 20050712 Grass Establishment-Private Property 20050714 43xx Woodgate Lane N 2ooso7ol Junk Veh/Furniture/Household/Applian 20050715 14xx Woodstone Cir 20050728 Grass Maintenance-Private Property Noxious Weeds 19xx Zircon Lane 20050701 Junk Veh/Furniture/Household/Applian Grass Maintenance-Private Property Total Signs Removed During Weekly Sweeps 104 Cases for Month 89 Page 3 of 3 SID O N - C g ti ~ Q ~o -o o ro 4 3 F v r d ~ y ~ ~ o ~~ ~ ~ ~ Y ~_ • ~ d 'n r +~ ~D y ~ 30 ~~ d r o -~ ~ ao mi o~ ' o ~ ~~ ad v~ ' O h Z" l v r d 01 ~ ~o ~ ~~ °i ~ ~ ~ ° ~ ~ °' o ~ o C r~ o~ d a~ •, ~ ~ o .o ~~ ~ o ~,~, is C `ti '~' o d b w a~ ~ ~ o ~o ~ ~ tl C ' tl d U ,~ ~ d p p L ~ d~ L N ~ y 4o'tl a, n dv m ~ ~ a a V U ~ X07 .L" 'p > ~ A C `~' CL U ."'a ~ R~ r-+ O ~ Sr ~ ~ ~ d U ~ V ~ ~ v ~ ~ d M INrJ i ~ ~ ~ ' O~°'~~~ ''' ~~U~~~UmZ ~ ~ Z> ~ w z c ~''E U cn y ^~., d ~ a ~ ~ r ca ~ N L, ~j ~ c~0 ~ d ~ y ~ E 'oN> ~ ~? 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Redevelopment District Update aia City of Eaten emu TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMII~TISTRATOR HEDGES DATE: AUGUST 15, 2005 SUBJECT: ADMINISTRATIVE AGENDA /AUGUST 16, 2005 CITY COUNCIL MEETING CITY ATTORNEY There will be a brief Executive Session for an update on the Wensmann v. City of Eagan litigation and an update on the Charter Commission. CITY ADMINISTRATOR There are no items at this time. DIRECTOR OF PUBLIC WORKS Item 1. Water Quality Management Plan -Task Force Appointments - On August 1, the Council accepted a Proposal from Bonestroo & Associates and authorized an update to the City's current Comprehensive Water Quality Management Plan. Similar to the first plan preparation in 1990, the commissioning of a Task Force representing the various stakeholders is seen as an important element to a successful management plan and important public education and communication tool. It is envisioned that this Task Force will function similarly to a steering committee providing valuable feedback, insights and perspectives from a diverse background of community and professional interests. It is estimated that this Task Force will meet for ~2-3 hours on a bi-monthly basis over the next 12-14 months (6-7 meetings). The following is a list of potential stakeholders for consideration for this Task Force (15-16 members): a. Regulatory/Jurisdictional Agencies (7) 1. Pollution Control Agency (PCA) 2. Department of Natural Resources (DNR) 3. Board of Soil & Water Resources (BWSR) 4. Met Council Environmental Services -Water Resources (MCES) 5. Gun Club Watershed Management Org. (WMO) 6. County Soil & Water Conservation District (SWCD) 7. Dakota County Water Resources for Lebanon Hills Regional Park • City Staff (2) 1. Water Resources Coordinator 2. City Engineer • Consultant (1) • Advisory Parks & Recreation Commission (1) • City Council (1-2) a~3 • Resident Citizens, Business Owners and/or Developers (3) While staff will attempt to conscript the best representatives from the various agencies, it would be helpful for the Council to approve the overall make-up of the Task Force and then designate the appropriate Council members and the CitizenlBusiness/Developer representatives in a time frame that will allow the kickoff meeting to be held in early September. ACTION TO BE CONSIDERED: Approve the formation of a Task Force for the Water Quality Management Plan preparation and designate the Council and public stakeholder representatives. Item 2. Project 768, Northwood Parkway, Ring-Road Extension - (Overpass and Street Improvements) - $1 million from the 2005 Federal Transportation Appropriations Bill was allocated for the City of Eagan to use towards the construction of the Ring Road. The portion of the Ring Road remaining to be constructed includes two overpasses of Interstate 35-E: Northwood Parkway and Duckwood Drive. Northwood Parkway consists of a bridge overpass of the freeway without any direct connections to the interstate. The Duckwood Drive overpass includes a half interchange with an exit ramp and an entrance ramp connected to 35-E. While both overpasses are required to complete the Ring Road, benefits would be recognized with the construction of either overpass individually. While the benefits of each vary and the priority of one over the other is debatable, the Northwood Parkway overpass appears to be more readily constructible. The right-of--way required for the construction of the Northwood Parkway overpass has been secured; all Duckwood Drive right-of--way has not been secured. The estimated cost of Northwood Parkway is $6.3 million as compared to the $11.5 million estimate for Duckwood Drive. The connection of the Duckwood Drive overpass to Interstate 35-E will require substantial design review by MnDOT and federal officials, while the lack of connectivity to the Northwood Parkway overpass will enable a less stringent design review process. City staff is pursuing additional federal funding for the Ring Road. Such funding is typically prioritized for projects that are more quickly able to be constructed. Federal Transportation Appropriations funding also has a history of continuing until a project is completed. While the current $1 million funding falls short of the total construction cost for either overpass, it would go along ways toward enabling a project to be bid, further enhancing the project readiness. With the availability of the federal funding, it would be appropriate for the City Council to authorize the preparation of a preliminary engineering report to determine the scope, cost, schedule, and method of financing for the construction of the Northwood Parkway overpass improvements. In order to enhance the opportunity to collect additional funding, it would also be appropriate for the City Council to authorize the preparation of detailed plans and specifications for the construction of the Northwood Parkway overpass as an indication of the project readiness. ACTION TO BE CONSIDERED: Authorize the preparation of a preliminary engineering report for Project 768 (Northwood Parkway, Ring-Road Extension -Overpass and Street Improvements) and detailed plans and specifications for Contract OS-09 by SRF Consulting Group, Inc. ~i4 COMMUNITY DEVELOPMENT DIRECTOR Item 1. Redevelopment District Update -Staff is providing regular updates to the City Council regarding the City's redevelopmen districts as a part of each administrative agenda. In addition to the information enclosed on page, staff will be available to provide comments or respond to questions relative to the redevelopment projects at Tuesday's meeting. /s/ Thomas L. Hedges City Administrator aim City of Evan demo TO: TOM HEDGES, CITY ADNIINISTRATOR FROM: JON HOHENSTEIN, COMMLTI~TITY DEVELOPMENT DIItECTOR DATE: AUGUST 15, 2005 SUBJECT: REDEVELOPMENT DISTRICT ACTIVITY UPDATE The following update reflects activity in the City's redevelopment districts. Cedar Grove Redeveloament District • Schafer Richardson Ryland Development Agreement -The Finance Committee and staff have reviewed the current status of the development agreement and the Committee set a deadline of August 31 to complete the development agreement or consider other options to move forward with the redevelopment of the core area. +~ Affordable Housing -Staff is waiting for a proposal from the developer concerning how they would work with the City and the CDA to set and achieve an acceptable affordable housing goal for the project. • Acquisition and Relocation Plans -Discussions are continuing with several property owners regarding City acquisitions from willing sellers within the area. A number of property owners are actively pursuing alternative sites. • Communications Activities -The Cedar Grove Gateway, the monthly newsletter update, is being distributed to businesses in the area. Website updates also continue. • Development Outside the Core Area -The shell of the new McDonalds restaurant has been completed and interior and site work is under way at this time. Northeast Eagan Redeveloament District • Grand Oaks Development -Construction is well underway for the office building, bank and retail center at the intersection of Hwys 149 and 55. Staff and the consultants continue to work with TMI Coatings about their relocation to the Terminal Drive property. McGough Office Project -Action to set the public hearing to consider the development agreement for the McGough office project is included on the EDA agenda. Retail Development Potential -Staff understands that the prospective developer of the Hwy 55 site has not been able to come to terms with the owners of some of the properties to move forward with the project. Discussions are planned with the developer and one or more of the property owners to determine whether the concept remains viable. Southeast Eagan Masteralan • The predevelopment agreement with Revestors and Manley Development has been executed and upon receipt of the escrow deposits, a consultant will be retained to perform the substandard analysis of the property in the area. air