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03/20/2007 - City Council Regular AGENDA 1e/ EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING March 20, 2007 6:30 P.M. 1. ROLL CALL & PLEDGE OF ALLEGIANCE P II. ADOPT AGENDA (At approximately 8:00 p.m. the Council will take a short recess) III. RECOGNITIONS & PRESENTATIONS IV. CONSENT AGENDA 2 A. APPROVE MINUTES P 5 B. PERSONNEL ITEMS 17 1 fo C. APPROVE CHECK REGISTERS P 7 D. APPROVE Application for Exempt Permit for Eagan Ducks Unlimited - Chapter 181 to hold a raffle on April 24, 2007 pig E. APPROVE Tobacco License change of address for Tobacco Outlet, 3450 Pilot Knob Road zQ F. APPROVE Eagan Fire Department Revised Standard Operating Procedures (SDP's) for implementation 17 Z G. APPROVE Ordinance Amendment - Chapter 2.50 pertaining to Advisory Commissions I~ Zy H. APPROVE Ordinance Amendment - Chapter 6, Other Business Regulation and Licensing, Section 6.35 Gambling r, 2 j. APPROVE Joint Resolution with Mendota Heights Requesting Concurrent Detachment from Mendota Heights and Annexation to Eagan of O'Neill Drive P. 33 J. CANCEL Project 950 (Opperman Drive & TH 149 - Intersection Improvements) P.5 K. APPROVE Plans & Specifications and authorize Advertisement for Bids for Contract 07-02 (City-wide Sanitary Sewer Lining) P. 37 L. APPROVE Extension for recording the Final Subdivision of Marian Addition J M. DIRECT Staff to prepare an Ordinance Text Amendment to modify permitted accessory uses in the Public Facilities Zoning District P q I N. AMEND Exclusive Alcohol Contract with Holiday Inn to include the Eagan Market Fest in Central Park. 0. ACCEPT Donation for Fire Department from Gopher Resources for $15,000 for purchase of Off Road Fire/Rescue Vehicle. :p,qq P. APPROVE Temporary On-sale Liquor License and waive license fee for the Eagan Foundation for a wine tasting event on April 19, 2007 p. y~j Q. APPROVE On-Sale Liquor and Sunday license for GM Eagan LLC, dba Green Mill Restaurant & Bar, 1940 Rahncliff Court p• q6 R. APPROVE Tobacco License for GM Eagan LLC, dba Green Mill Restaurant & Bar, 1940 Rahncliff Court Lt7 S. APPROVE extension of recording the Final Plat for Manley Commercial Addition p, T. APPROVE extension of recording the Final Subdivision for Red Pine Crossing P IU. APPROVE Tree Contractor License for Thomas Holberg, 12195 Upper 167"' St. W., Lakeville, MN V. PUBLIC HEARINGS VI. OLD BUSINESS 52. A. CONSIDERATION OF PREFERRED ALTERNATIVES for Adoption into the Yankee Doodle Road Access Management Study VII. NEW BUSINESS P. $g A. PRELIMINARY SUBDIVISION AND FINAL PLANNED DEVELOPMENT - Blue Ridge Seventh Addition - A Preliminary Subdivision of approximately 9.8 acres to create 2 lots for an office warehouse use and a Final Planned Development to construct a 38,365 sq. ft, office / warehouse building located at 2975 Lone Oak Drive on Lot 2, Block 1, Blue Ridge Sixth Addition in the SW '/4 of Section 01. P VIII. LEGISLATIVE,/INTERGOVERNMENTAL AFFAIRS UPDATE P % A. RESOLUTION in Support of High Speed Minnesota Policy for the State of Minnesota 'P. VZ B. UPDATE on FCC Regulations on Cable Franchises f~ r33 IX. ECONOMIC DEVELOPMENT AUTHORITY A. Call to Order B. Adopt Agenda t:35 C. Approve Minutes D. Old Business P 1~ 1. NORTHEAST EAGAN REDEVELOPMENT DISTRICT - Acknowledge Certificate of Completion and • Authorize Issuance of Tax Increment Note for Interstate Partners - Grand Oak Redevelopment Project E. New Business p. ~y 1. CEDAR GROVE REDEVELOPMENT DISTRICT - Authorize Negotiation for the Possible Acquisition of the Remaining Properties in the Cedar Grove Core Area and Cedar Grove North District P,) t 5 F. Other Business G. Recess to Executive Session. The EDA will be asked to hold an executive session to discuss the possible acquisition of the Mediterranean Cruise property, located at 3946 Sibley Memorial Highway in the Cedar Grove Redevelopment District. X. ADMINISTRATIVE AGENDA XII. VISITORS TO BE HEARD (for those persons not on agenda) XIII. CLOSED SESSION XIV. ADJOURNMENT The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. 40~ City of Eakan ma TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MARCH 16, 2007 SUBJECT: AGENDA INFORMATION FOR MARCH 6, 2007 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the March 20, 2007 City Council agenda, the following items are in order for consideration. I Agenda Information Memo March 20, 2007 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 February 13, 2007 Special City Council meeting and the March 6, 2007 regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the February 13, 2007 Special City Council meeting are enclosed on pages through 9 • Minutes of the March 6, 2007 regular City Council meeting are enclosed on pages through. MINUTES SPECIAL CITY COUNCIL MEETING TUESDAY, FEBRUARY 13, 2007 5:30 P.M. EAGAN ROOM - EAGAN MUNICIPAL CENTER City Council members present: Mayor Maguire, Councilmembers Carlson, Fields, Tilley and Bakken. City staff present: City Administrator Hedges, Assistant to the City Administrator Miller, Director of Administrative Services VanOverbeke, Communications Director Garrison, Public Works Director Colbert, Fire Chief Scott, Police Chief McDonald, Deputy Police Chief Johnson and Community Development Director Hohenstein. 1. ROLL CALL AND AGENDA ADOPTION City Administrator Hedges referenced a letter that was received from the Eagan Athletic Association regarding improvements to the athletic fields at the Dakota Hills Middle School. The City Council directed the item be added to Other Business. Councilmember Fields moved; Councilmember Tilley seconded a motion to approve the agenda with the addition to Other Business. Aye: 4, Nay: 0 (Councilmember Carlson not present for the vote.) II. VISITORS TO BE HEARD There were no visitors to be heard. III. REVIEW CITY GAMBLING ORDINANCE AND PROCESS FOR APPLICATIONS AND CHANGES City Administrator Hedges introduced the item, noting at the November 9, 2006 Listening Session, Mr. Norm Gillerman, representing the Mendota Heights Athletic Association, requested changes to the City's gambling regulations. At that time, the Council directed staff to review the City's gambling regulations and the process for applications and changes. Hedges also noted that all charitable gambling is controlled by the State and the City is allowed to authorize charitable gambling on a local level. It was noted that at this time, Eagan limits licensed charitable gambling to pull-tabs with the activity conducted by non-profit organizations. Eagan further limits the activity to on-sale liquor licensed establishments. Councilmember Carlson arrived at 5:37 p.m. 1~,5 Special City Council Minutes February 13, 2007 Page 2 Hedges added that there are numerous forms of charitable gambling in addition to pull- tabs authorized by the State, such as bar bingo, paddlewheel, raffles, and tip boards, all of which are currently prohibited in Eagan at the licensed establishments. Mr. Gillerman addressed the City Council with his request for changes to the City's gambling ordinance. Chief McDonald noted that the Police Department has no concerns with the proposal being made by Mr. Gillerman. Linda Roland, owner of Twin Cities Gaming in Eagan, noted her support of Mr. Gillerman's request for the ordinance to be expanded. Director of Administrative Services addressed the City Council, noting that Eagan is unique in its restrictions to pull-tabs only when compared to other cities that also follow State statute. The City Council discussed the funds that the City and local non-profits receive through gambling revenues. The City Council directed staff to expand the City ordinance to meet State statute with regard to forms of gambling allowed in licensed establishments, and bring the revised ordinance to the March 20, 2007 City Council meeting for formal consideration. IV. REVIEW CITY CODE AMENDMENT FOR REFUSE AND RECYCLING City Administrator Hedges introduced the item noting that at November 21, 2006 Listening Session Mr. David Domack, representing Dick's Sanitation, presented a request for a temporary variance from the trash pickup schedule in order to accommodate a client that has requested single sort recycling services. City Administrator Hedges, at the request of the City Council, provided a list of current haulers in Eagan. Hedges also presented a draft ordinance at the request of the City Council. The City Council discussed the proposed ordinance and noted their support for single sort recycling. The City Council directed the item to the Public Works Committee to review how the City wants to handle temporary variances to the City's ordinance. V. MEETING WITH LEGISLATORS TO DISCUSS 2007 LEGISLATIVE PRIORITIES Mayor Maguire welcomed State Senator Carlson and Representatives Masin and Wardlow. City Administrator Hedges distributed a white paper on issues pertinent to Eagan for discussion between the City Council and the legislative delegation. Each of the legislators provided an introduction and noted the committees on which they currently serve. The City Council and legislators went on to discuss issues pertinent to Eagan, including transportation, high speed broadband, economic development tools, efforts to obtain noise mitigation funding, and property taxes. The delegation and City Council also discussed the Special City Council Minutes February 13, 2007 Page 3 proposed Thomson economic development bill as well as the bill being proposed to add representation on the Metropolitan Airports Commission. Mayor Maguire thanked the legislators for taking time to meet with the City Council. The City Council recessed at 6:59 p.m. The City Council reconvened at 7:09 p.m. VI. REVIEW ORDINANCE AMENDMENT REGARDING HARBORING OF EGG LAYING CHICKENS City Administrator Hedges introduced the item noting that on October 6, 2006 City Councilmember Tilley received an email request from Heather Goff, an 8th grader at Dakota Hills Middle School, explaining the research she and her dad completed regarding the raising of egg laying chickens. They correctly concluded that the activities are prohibited by the Eagan City Code and she, therefore, inquired as to the possibility of changing the code to allow her to raise egg laying chickens in her backyard. The City Council considered this item at a Special City Council meeting on December 11, 2006 and directed staff to further research the issue and reschedule consideration for a future meeting. Director of Administrative Services VanOverbeke provided responses to the questions raised by the Council previously, including spacing requirements for chickens, specified approval level by neighbors, lot size requirements and national research available regarding access to organic foods, primarily in suburban settings. City Administrator Hedges provided information from the Homeowners Association (HOA) that represents the neighborhood in which Ms. Goff lives. The City Council discussed the issue and noted the HOA's opposition to changing the City ordinance. The Council also noted that they sympathized with the applicant and are confident that Ms. Goff would have done an excellent job of raising the chickens. Steve Beseke, President of the HOA, noted the association's opposition to the proposed ordinance chance as their HOA has had covenants in place since 1987 that prohibits such activities. Mr. Joseph Soruco, Heather Goff's science teacher at Dakota Hills Middle School, addressed the City Council in support of Ms. Goff's efforts. Heather Goff addressed the City Council noting that it is her intention to get an ordinance change first and then move on to the HOA to inquire about changes to the covenants. The City Council further discussed the issue and thanked those who testified. There was City Council consensus not to take any official action since it was the consensus of the City Council not to move forward with an amendment to the City Code. ~,,5 Special City Council Minutes February 13, 2007 Page 4 VII. REVIEW 2007-2008 CITY GOALS City Administrator Hedges introduced the item noting that the City Council held their bi- annual goals retreat on January 30-31, 2007. Hedges presented the eight draft goals that were formulated by the City Council at their retreat. The City Council discussed the goals and requested a slight modification to goal No. 4 with regard to transit and remove goal No. 8 as the Comprehensive Guide Plan Update is a mandate. The Council directed that the goals be included on the February 20, 2007 City Council meeting for formal ratification. City Administrator Hedges noted that details of the goals will be included in an upcoming work plan, which will be presented to the City Council. VIII. DAKOTA COUNTY ECONOMIC DEVELOPMENT POLICY City Administrator Hedges introduced the item noting that the purpose of tonight's discussion was to receive a presentation regarding Dakota County's consideration of an Economic Development Policy and to provide staff direction regarding the City's interest in the County's policy. Director of Community Development Hohenstein provided additional information about the policy being proposed by the County. Janna King, consultant to Dakota County, provided a presentation on the Economic Development Policy being proposed by the County. The City Council, along with Dan Rogness of the Dakota County CDA, discussed the proposed policy and the framework being proposed. The City Council voiced their support of the policy noting how positive and comprehensive the policy being proposed is. The City Council recessed at 8:17 p.m. The City Council reconvened at 8:30 p.m. IX. ECONOMIC DEVELOPMENT AUTHORITY A. Call to Order - Mayor Maguire called the meeting of the Economic Development Authority to order. B. Adopt Agenda - Councilmember Tilley moved, Councilmember Bakken seconded a motion to adopt the agenda as presented. Aye: 5, Nay: 0 C. Nicols Ridge Alternative Concept - Director of Community Development Hohenstein provided an overview of the item noting that the purpose of tonight was to receive a presentation of the concept plan by Lennar Homes for a potential modification of the redevelopment plan for the Nicols Ridge residential development in the Cedar Grove Redevelopment District. Hohenstein added that the developer has a previously approved concept plan and is proposing an alternative that would change the configuration and number of units, their overall tax value, and by extension, the tax increments they would be expected to generate. Special City Council Minutes February 13, 2007 Page 5 Director of Community Development presented the concept plan being proposed by Lennar Homes. The City Council discussed the proposed changes being made by Lennar Homes. The Council noted that Lennar was not represented at the meeting. There was City Council consensus that the building material standards not change. The City Council directed issues of financial and physical impact on the City in connection with the Nicols Ridge proposal to the City Council Finance Committee. The Council also requested additional information on the current housing market, in particular, whether there will be an increase in demand for condominiums in the near future. The Council also requested that if Lennar chooses not to move forward, that the City inform other developers about additional land being available in the redevelopment area. Councilmember Tilley moved, Councilmember Fields seconded a motion to adjourn as the EDA and reconvene as a City Council. Aye: 5, Nay: 0 X. DISCUSS ADVISORY COMMISSION TERMS City Administrator Hedges introduced the item noting that the City Council's Personnel Committee is recommending that the length of Advisory Commission terms be changed from 3- year terms to 2-year terms (plus a one-year alternate); and, change the maximum number of Commissioners on each Commission to seven members plus one alternate. The City Council discussed the proposed changes and there was consensus to proceed with the proposed adjustments to the terms. The Council directed that an amendment to the City Code be brought back to a March City Council meeting in order to change the maximum years of service to 10-years on one City Commission. The Council also directed staff to send correspondence to Advisory Commissioners to inform them about the changes. XI. OTHER BUSINESS City Administrator Hedges provided an update on correspondence received from the Eagan Athletic Association regarding a proposed project to fields north of Oak Hills Middle School. The Council discussed the project and inquired as to the demographics of the Eagan Athletic Association. City Administrator Hedges noted that future updates regarding the project would be provided to the City Council. Councilmember Fields inquired of the City Council as to whether the City should send correspondence to sponsors listed in the proposal submitted by Mr. Kevin VonFeldt. There was City Council consensus not to send correspondence to any of the sponsors at this time. Councilmember Fields and Bakken noted that they would meet following the Special Council meeting as a Public Works Committee to discuss the proposed changes to the City's refuse ordinance. Special City Council Minutes February 13, 2007 Page 6 XII. ADJOURNMENT Councilmember Tilley moved, Councilmember Bakken seconded a motion to adjourn at 9:17 p.m. Aye: 5, Nay: 0 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota March 6, 2007 A listening session was held on March 6, 2007 at 6:00 p.m. in the Eagan Room of the Municipal Center. Present were Mayor Maguire, Councilmembers Carlson, Fields, Tilley and Bakken. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on March 6, 2007 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Tilley, Carlson, and Bakken. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, Public Works Director Tom Colbert; City Planner Mike Ridley, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the agenda as presented. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATIONS HOLZ FARM FRIENDS OF THE FARM VOLUNTEERS Parks and Recreation Director Johnson recognized Les Boeckman, Eldoris Ohm and Kevin Erickson for the volunteer hours at Holz Farm. LAURA OSNESS Laura Osness, an Eagan High School graduate, was recognized for her participation in the weekly network television show "Grease - You're the One That I Want", where she is a finalist for a part in a Broadway show. Mayor Maguire read a proclamation which was presented to Laura's father. UPDATE ON RECENT SNOW EVENT / STREET DEPARTMENT Public Works Director Colbert recognized the Street Department for their excellent work in responding to two recent significant snowfalls. He introduced Curt Schlagel and Nancy Bailey, who were representing the Street Department. CONSENT AGENDA Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the consent agenda as presented. Aye: 5 Nay:0 A. Minutes. It was recommended to approve the minutes of the February 20, 2007 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to declare the existing inventory of items in the City Store surplus property and authorize the donation of same to a local charity. 2. It was recommended to declare City operations closed on Monday, December 24, 2007, Christmas Eve Day, with the exception of sworn operations of the Police Department. C. Check Registers. It was recommended to ratify the check registers dated February 22, 2007 and March , 2007 as presented. D. 2006 General Fund Budget Adjustments. It was recommended to approve 2006 General Fund budget adjustments related to the Fire, Communications and Administration departments. E. Liquor License. It was recommended to approve a change in management on the on-sale liquor license for Joe Senser's of Eagan, Inc., dba Joe Senser's Sports Bar & Grill, 3010 Eagandale Place. F. Refuse and Recycling. It was recommended to ratify a recommendation of the Public Works Committee that no changes be made to the City Code regarding refuse and recycling. G. Fund Transfers. It was recommended to approve a resolution directing fund transfers from the Sperry Tax Increment Fund. Eagan City Council Meeting Minutes ®RA March 6, 2007 Page 2 H. Donation. It was recommended to acknowledge and accept $700 worth of labor to refurbish the Crisis Negotiator trailer. 1. Industrial/Commercial Park Dedication. It was recommended to approve a change to the 2007 industrial/commercial park dedication language to simplify the calculation fees. J. July 4d' Fireworks Contract. It was recommended to approve the 2007 fireworks display contract with RES Specialty Pyrotechnics and authorize the Mayor to sign all appropriate documents. K. Contract 06-05. It was recommended to award Contract 06-05 (Blackhawk Road/Galaxie Avenue and Cliff Road - Intersection Improvements), to McNamara Contracting, Inc., for the base bid in the amount of $333,891.75, and authorize the Mayor and City Clerk to execute all related documents. L. Project 05-08. It was recommended to approve the final payment for Contract 05-08 (]one Oak Drive and Lone Oak Parkway - Trail Improvements) in the amount of $131,541.49 to Max Steininger, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. M. Project 951. It was recommended to receive a petition and authorize the preparation of a Feasibility Report by the City Engineer for Project 951 (South Dodd Road - Lift Station Improvements). N. Contract 04-10. It was recommended to approve the final payment for Contract 04-10 (North Water Treatment Facility - Landscape and Irrigation Improvements) in the amount of $9,164.67 to Wagner Sod Company, and accept the improvements for perpetual City maintenance subject to warranty provisions. 0. Final Subdivision. It was recommended to approve a Final Subdivision (De Witt Addition) to create two single-family lots upon 0.7 acres of land located at 2804 Vilas Lane in the NW of Section 3. PUBLIC HEARINGS PROJECT 938, NICOLS ROAD - SIDEWALK IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for the Nicols Road sidewalk improvements. Public Works Director Colbert gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the Final Assessment Roll for Project 938 (Nicols Road - Sidewalk Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 LOTS 1 & 2, BLOCK 1, TERRA GLENN 3RD ADDITION EASEMENT VACATION City Administrator Hedges introduced this item regarding the vacation of a public drainage and utility easement within Lots 1 & 2, Block 1, Terra Glenn 3rd Addition. Public Works Director Colbert gave a staff report. He noted that the easement vacation is intended to coincide with the Terra Glenn Lofts Planned Development Amendment and Final Plat which will be considered under New Business. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Bakken seconded a motion to continue consideration of the vacation of public drainage and utility easement within Lots 1 & 2, Block 1, Terra Glenn 3rd Addition to coincide with the Terra Glenn Lofts Planned Development Amendment and Final Plat. Aye: 5 Nay: 0 OLD BUSINESS YANKEE DOODLE ROAD CORRIDOR AND ACCESS MANAGEMENT STUDY City Administrator Hedges noted that this item is being recommended for continuance to allow the Council time to receive comments from the County's Physical Development Committee which will review the draft report at their March 13, 2007 meeting. 10 Eagan City Council Meeting Minutes ®R March 6, 2007 Page 3 j` Councilmember Fields moved, Councilmember Tilley seconded a motion to continue consideration of the Yankee Doodle Road Corridor and Access Management Study to the March 20, 2007 Council meeting. Aye: 5 Nay: 0 NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT AND FINAL PLAT TERRA GLENN LOFTS City Administrator Hedges introduced this item regarding a planned development amendment to construct a single three story building containing 24 condominiums and final plat for Terra Glenn Lofts. City Planner Ridley gave a staff report and explained how the applicant was proposing to meet the recreation area requirement. The applicant was present to answer questions. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to construct a single three story building containing 24 condominiums at property legally described as Lots 1 and 2, Block 1, Terra Glenn 3`d, in the NW of Section 16, subject to the following conditions: 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office. The following exhibits are necessary for the agreement: • Final Site Plan • Final Building Elevation Plan • Final Tree Preservation Plan • Final Landscape Plan • Final Lighting Plan • Final Signage Plan 2. The property shall be replatted into a single lot. 3. The building shall be constructed as shown on the Site Plan sheets dated December 25, 2006, and received January 31, 2007. 4. The applicant shall fulfill tree mitigation requirements through the verification of the health of fifty- eight (58) existing mitigation trees and the installation of four (4) Category B trees (or an equivalent combination of Category A and/or Category C trees). Total tree mitigation is calculated at sixty-two (62) Category B trees (or equivalent combination of Category A and/or Category C trees). 5. The applicant shall submit a revised Tree Preservation/Landscape Pan that shows the correct placement of tree protection fencing required to protect existing mitigation trees. Required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), shall 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. 6. The applicant shall contact the City Forestry Division and set up a post-construction site inspection to ensure compliance with the approved Tree Preservation Plan. 7. As required by the City Code, the applicant shall provide 4,800 square feet of recreation area on the subject property. 8. The building shall be constructed in a manner to attain a 45 dbl interior noise level. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the vacation of public drainage and utility easement within Lots 1 and 2, Block 1, Terra Glenn 3`d Addition, in the NW 1/4 of Section 16. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Carlson seconded a motion to approve a Final Plat to combine two existing lots into one property legally described as Lot 1, Block 1, Terra Glenn Lofts, in the NW '/4 of Section 16. Aye: 5 Nay: 0 ~1 Eagan City Council Meeting Minutes March 6, 2007 A Page 4 1 REZONING - CITY OF EAGAN City Administrator Hedges introduced this item regarding a rezoning of 3.73 acres from T, Transitional to R-3, Residential Townhouse, for part of Lot 3, Auditor's Subdivision No. 38, located at 3401 Highway 55. City Planner Ridley gave a staff report. Vern Schaaf, one of six property owners, shared the Land Use designation and Zoning of the site for the last five- seven years and his belief that the existing buildings are in good shape and still have utility for a similar use to Schaaf Construction. A brief discussion was held relative to non-conforming uses. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Rezoning of 3.73 acres from T, Transitional to R-3, Residential Townhouse, for part of Lot 3, Auditor's Subdivision No. 38, located at 3401 Highway 55 in the NE of Section 12. Aye: 5 Nay: 0 INTERIM USE PERMIT - SOWLES PROPERTIES City Administrator Hedges introduced this item regarding an Interim Use Permit for outdoor storage including trucks, semi-tractors and trailers, steel beams, a 113-foot tower crane, crane parts and other construction equipment at 3045 Sibley Memorial Highway. City Planner Ridley gave a staff report. The applicant, Dan Sowles, was available for questions. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve an Interim Use Permit for outdoor storage including trucks, semi-tractors and trailers, steel beams, a 113-foot tower crane, crane parts and other construction equipment at 3045 Sibley Memorial Highway in the NW of Section 9, subject to the following conditions: Aye: 5 Nay:0 1. The Interim Use Permit shall be recorded at Dakota County Recorder's office within 60 days of its approval by the City Council. 2. The permit shall terminate March 6, 2012 (a five year term) 3. The Interim Use Permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The Interim Use Permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 4. If any type of aggregate surfacing is used for the outdoor storage areas, the site will be subject to periodic review by city staff for adequacy of the material to control dust and drainage. The first review will occur two years following approval of this permit. If the material is determined to be inadequate, the City will require that it be replaced with bituminous asphalt. 5. All parking and storage areas shall be properly maintained to prevent deterioration. 6. The outdoor storage items shall be limited to what is provided for with the site plan dated January 29, 2007. 7. A more detailed plan for Area #6 shall be submitted for review and approval by the Fire Marshal. 8. Trash receptacles shall be kept either inside the building or within an enclosure constructed according to City Code. 9. Upon recording the Interim Use Permit, all other Interim or Conditional Use Permits for the property shall terminate. PLANNED DEVELOPMENT AMENDMENTS - KELLER WILLIAMS City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow wall signage on the existing office buildings on Lot 1, 2, and 3, Block 1, Yankee Square Addition, and a Planned Development Amendment to allow an off-premise monument sign on Lot 2, Block 1, Yankee Square Addition. City Planner Ridley gave a staff report. Eagan City Council Meeting Minutes March 6, 2007 R q F Page 5 Kim Eisen, Keller Williams, requested that internally-lit channel letter signage be allowed. After a brief discussion, Councilmembers concurred that either halo-lit or internally-lit channel letter signage would be acceptable. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to allow wall signage on the existing office buildings on Lots 1, 2, and 3, Block 1, Yankee Square Addition located in the NE 1/4 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 wall signs shall be located and constructed as shown on the Site Plan sheet dated December 14, 2006. 3. A tenant must occupy a minimum of 5,000 square feet of leasable space in said building to be allowed wall signage. 4. All signage shall be of similar size, not to exceed the square footage allowed for the Keller Williams sign, to maintain appropriate balance on the building. 5. All business signs mounted on a building shall be similar in design. 6. All signage must be halo-lit or internally-lit individual channel letters or symbols. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve an off-premise monument sign on Lot 2, Block 1, Yankee Square Addition located in the NE'/. of Section 16, subject to the following conditions: Aye:5 Nay: 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office. 2. The monument sign shall be constructed as shown on the Sign Plan dated February 19, 2007. 3. The monument sign shall be located as shown on the Site Plan dated January 25, 2007. RESOLUTION SUPPORTING SPECIAL LEGISLATION FOR THE CREATION OF A TAX INCREMENT FINANCING DISTRICT FOR THOMSON EXPANSION City Administrator Hedges introduced this item regarding legislation to permit the use of tax increment financing for the potential Thomson expansion at 610 Opperman Drive. Community Development Director Hohenstein discussed the special legislation that would permit the creation of an Economic Development Tax Increment Financing District to assist with the costs associated with site improvements and construction of the expansion. Rick King, Executive Vice President and Chief Operations Officer for Thomson provided an overview of the proposed expansion. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a resolution supporting enabling legislation to permit the use of tax increment financing for the potential Thomson expansion at 610 Opperman Drive. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE City Administrator Hedges provided an update regarding testimony given by Mayor Maguire before a Senate Committee in support of special legislation for the creation of a Tax Increment Financing District for an expansion at the Thomson Legal and Regulatory Property. He also stated that staff is monitoring the MAC legislative issue and the transportation issue regarding Highway 149. The regular City Council meeting was recessed at 7:55 p.m. and a meeting of the Economic Development Authority was immediately convened. The regular City Council meeting was reconvened at 8:05 p.m. J~ Eagan City Council Meeting Minutes March 6, 2007 Page 6 , RqF~- ADMINISTRATIVE AGENDA City Administrator Hedges discussed the City of Eagan Work Program/Council Standing Committee items that are scheduled for consideration. VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the regular meeting at 8:20 p.m. Date Administrative Secretary / Deputy City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TDD phone: (651) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. Agenda Information Memo March 20, 2007 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Part-time Guest Services Reps/Community Center- ACTION TO BE CONSIDERED: To approve the hiring of Kristin Bock, Kyle Lockwood and Megan McMahon as part- time guest services reps at the Community Center. Item 2. Resignation/Part-time Clerical Tech III-Community Development ACTION TO BE CONSIDERED: To accept the letter of resignation from Stephanie Schanus, part-time Clerical Tech III in Community Development I5 Agenda Information Memo March 20, 2007 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated March 8, 2007 and March 15, 2007 as presented. ATTACHMENTS:, • Check registers dated March 8, 2007 and March 15, 2007 are enclosed without page number. I~ Agenda Memo March 20, 2007 Regular City Council Meeting CONSENT AGENDA: D. Exempt Permit for Eagan Ducks Unlimited, Chapter 181 to Conduct a Raffle ACTION TO BE CONSIDERED: Adopt Resolution approving application for Eagan Ducks Unlimited, Chapter 181 to hold a raffle on April 24, 2007 at Royal Cliff, 2280 Cliff Road. FACTS: • Eagan Ducks Unlimited, Chapter 181 has applied with the Minnesota Gambling Control Board for an Exempt Permit to conduct a raffle on April 24, 2007 at Royal Cliff. • This has been an annual event for the past several years. • Staff has reviewed the application and sees no reason to deny. ATTACHMENTS: • The proposed resolution is attached as page • (The application is available for review in the Administration Department) RESOLUTION CITY OF EAGAN APPLICATION FOR EXEMPT PERMIT DUCKS UNLIMITED CHAPTER 181 WHEREAS, Ducks Unlimited Chapter 181 has applied for an Exempt Permit; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves the Exempt Permit for Ducks Unlimited Chapter 181 to conduct a raffle on April 24, 2007 at Royal. Cliff, 2280 Cliff Road. CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk Motion by: Seconded by: Those in Favor: Those Against: Date: March 20, 2007 CERTIFICATION 1, 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 meeting thereof assembled this 20th day of March, 2007. Maria Petersen, City Clerk Agenda Memo March 20, 2007 Regular City Council Meeting CONSENT AGENDA: E. Tobacco License Change of Address ACTION TO BE CONSIDERED: Approve Tobacco License Change of Address for Tobacco Outlet, 3450 Pilot Knob Road FACTS: • Alex Aqel, owner of Tobacco Outlet, previously located at 1430 Yankee Doodle Road is moving his business to 3450 Pilot Knob Road. • Staff has reviewed the application and sees no reason to deny. ATTACHMENTS: None. • (The application is available for review in the Administration Department) I 1 Agenda Memo March 20th, 2007 Regular City Council Meeting CONSENT AGENDA: F. Approve Eagan Fire Department Revised Standard Operating Procedures. ACTION TO BE CONSIDERED: Approve the Fire Departments revised Standard Operating Procedures (SOP's) for implementation. FACTS: • The Fire Department had been operating with Bylaws until Late 2005. At the City Attorneys request and advice by the League of Minnesota Cities, the Fire Department converted the Bylaws to SOP's in 2005 with Council approval. • At the direction of the Fire Chief, the Fire Department has had a SOP Committee working on updating the SOP's since March of 2006. • The SOP Committee completed the new SOP manual in January of 2006 and has had the manual reviewed and approved by the City attorney's Office. • The Fire Department is seeking approval from the City Council to adopt the new SOP manual for implementation into the Fire Department. ATTACHMENTS: • The Standard Operating Policy will be sent out on Monday zo Agenda Information Memo March 20, 2007 Special City Council Meeting G. APPROVE ORDINANCE AMENDMENT - CHAPTER 2.50 PERTAINING TO ADVISORY COMMISSIONS ACTIONS TO BE CONSIDERED: To approve an ordinance amendment to Chapter 2.50 pertaining to advisory commissions. FACTS: ➢ At the February 13, 2007 Special City Council meeting, the Council considered a recommendation of the City Council's personnel committee to change the length of advisory commission terms from 3-year terms to 2-year terms (plus a one-year alternate); and, change the maximum number of Commissioners on each Commission to seven members plus one alternate. ➢ At the February workshop, the Council directed staff to work with the City Attorney's Office to change the City Code to reflect the proposed changes, and also amend the Code to state that no commissioner shall serve more then 10 consecutive years on one commission. ATTACHMENTS: ➢ Enclosed on pages 22 and 23 is the revised chapter of the City Code pertaining to advisory commission appointments. 21 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TWO ENTITLED "ADMINISTRATION AND GENERAL GOVERNMENT" BY AMENDING SECTION 2.50 REGARDING ADVISORY COMMISSIONS AND COMMITTEES GENERALLY; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER ONE AND SECTION 2.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 2.50 is hereby amended to read as follows: Sec. 2.50. Advisory commissions and committees generally. All advisory commission and committee appointments authorized by ordinance or resolution shall be made by the council at the second regular meeting in April of each year or at such other time as determined by the council and such appointments confirmed prior to the expiration of the existing terms. The term of each appointee shall be established and stated at the time of his appointment. Each commission or committee shall be composed of a maximum of seven regular members who shall serve staggered (three or four members subject to appointment each year) two-year terms, unless otherwise required by statute, Code or resolution. However, no member may serve more than five consecutive two-year terms or more than ten consecutive years on any one commission or committee. An eighth person shall be appointed to each commission or committee as an alternate for a period of one year and shall have all of the powers and duties of a commission or committee member during the absence or disability of a regular member. Notwithstanding the provisions of this section, the council may by resolution establish special ad hoc committees or groups consisting of any number of members appointed for periods at the council's discretion. New appointees shall assume office at the first meeting of the commission or committee after appointment. However, all appointees to commissions and committees shall hold office until their successors are appointed and qualified. All vacancies shall be filled in the same manner as for an expired term, but the appointment shall be effective immediately when made and only for the unexpired term. No appointed commission or committee member shall be an employee of the city, but an ex officio member may be so employed. All appointed commission and committee members shall serve without remuneration, but may be reimbursed for out-of-pocket expenses incurred in the performance of their duties when such expenses have been authorized by the council before they were incurred. The chairman and secretary shall be chosen from and by the commission and committee membership to serve for the current year. Any commission or committee member may be removed by the council for misfeasance, malfeasance or nonfeasance in office and his position filled as any other vacancy. Each commission and committee shall hold its regular meetings at a time established and approved annually by the commission or committee. The city administrator shall be an ex officio member of all commissions and committees, provided that he may be represented by his assistant or some person duly authorized by him. All commissions and committees shall act as advisory to the council. Except as otherwise provided, this section shall apply to all commissions and committees. This section shall not affect the length of a term, maximum number of consecutive terms, or number of commissioners serving on Burnsville and Eagan's joint Telecommunications Commission. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation"' and Section 2.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Maria Petersen By: Mike Maguire Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: L3- Agenda Information Memo March 20, 2007, Eagan City Council H. APPROVE ORDINANCE AMENDMENT - CHAPTER 6, OTHER BUSINESS REGULATION AND LICENSING, SECTION 6.35 GAMBLING ACTION TO BE CONSIDERED: To approve Ordinance Amendment - Chapter 6, Other Business Regulation and Licensing, Section 6.35 Gambling FACTS: • At the November 9, 2006 Listening Session Mr. Norm Gillerman representing the Mendota Heights Athletic Association requested changes to the City's gambling regulations. Staff was directed by the City Council to review the City's gambling regulations and the process for applications and changes. • After discussion at the February 13, 2007 Special City Council Meeting, the City Attorney's Office was directed to prepare an ordinance amendment that would change the Eagan City Code to be consistent with the State Statutes regarding the types of gambling activities that would be permitted in Eagan. • The draft ordinance being presented for approval defines lawful gambling in a manner consistent with the State Statutes and makes other minor language changes. • All charitable gambling is controlled by the State and the City is allowed to authorize charitable gambling on a local level. The State decides who must be licensed and who may be exempt from licensing and that would not change with the new Code provisions. • Exempt organizations as part of the State approval process need to have a resolution approved by the City. These exempt organizations/activities have routinely been approved and gambling by organizations that are exempt from licensing by State definition have been allowed to conduct lawful gambling quite freely in Eagan as to location and type. Again, no change is contemplated to the City's approach to authorizing exempt organizations in Eagan. • Eagan has chosen not to charge any license or processing fees to either licensed or exempt organizations. The City does collect a $250 investigation fee for the organizations applying (first application only) for licensing at the licensed liquor establishments. This is separate public policy question and no change is being considered at this time. • Eagan requires that 60% of the proceeds derived from lawful gambling be spent on lawful purposes conducted or located within Eagan's trade area. • Assuming the City Council approves this ordinance amendment, current gambling license holders will be notified of the change when it is published and effective. ATTACHMENTS: • Enclosed on pages through is a copy of the draft ordinance amendment. Zb ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SIX ENTITLED "OTHER BUSINESS REGULATION AND LICENSING" BY AMENDING SECTION 6.01 REGARDING DEFINITIONS; SECTION 6.35 REGARDING REGULATION OF GAMBLING; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Six is hereby amended by adding the definition of lawful gambling to Section 6.01, to read as follows: Lawful gambling means the operation, conduct or sale of bingo, raffles, paddlewheels, tipboards and pull-tabs, including conduct of gambling exempt from licensing under Minnesota Statutes. Section 2. Eagan City Code Chapter Six is hereby amended by modifying Section 6.35, to read as follows: Subd. 1. Purpose. To ensure that charitable gambling in the city is conducted by nenprefi-t organizations licensed or exempt from licensing under Minnesota Statutes and that the proceeds from such gambling are used primarily for the betterment of the residents and businesses of the community. These restrictions shall be no less restrictive than Minnesota Statutes or regulations and shall apply only to pull to all forms of lawful ambling. Subd. 2. Approval required. It is unlawful for any nonprofit organization to operate or- sell pull conduct lawful gambling in the City without approval from the Qjly C-Council. Subd.3. Applications. A. Applications dab to conduct lawful gambling appr-eval shall be considered and approved by the council at regular meetings. B. Only applications submitted by eligible organizations will be considered for approval by the council. C. An applicant nenpreftt organization shall provide adequate proof that it has at least 15 active members and that at least 15 of its members are either employed or live within the city or that it is a nationally known eltable organization as determined by the city. Subd. 4. Regulations and restrictions. A. In addition to regulations imposed by the state, all information and reports required to be submitted to the state shall also be submitted to the city, both with the application and on an annual basis. B. Dull tabs Lawful gambling may be seld conducted only in on-sale liquor licensed establishments in the city, which are either owned or leased by the eligible organization. C. Eligible organizations may, however, be granted a temporary license approval for the ^per-a4 pull tabs lawful gambling in premises other than on-sale liquor licensed establishments for no more than four consecutive days. Subd. 5. Distribution of proceeds. Every organization conducting lawful gambling within the City of Eagan shall expend 60 percent of its expenditures derived from lawful gambling on lawful purposes conducted or located within the City of Eagan or the City of Eagan's trade area. The City of Eagan's trade area is defined as the cities of Apple Valley, Bloomington, Burnsville, Inver Grove Heights, Mendota Heights, Rosemount and Sunfish Lake. Annually, every organization must file with the city, on a form provided by the city, a report signed by an independent certified public accountant, documenting compliance with this section. In addition, every organization must submit a report to the city each January listing all lawful purpose expenditures from January 1 to December 31 of the preceding year. The report shall identify the name of the entity to whom the check was written, the city location of the recipient, and the amount of the donation. Section 3. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 6.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 4. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Maria Petersen By: Mike Maguire Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: ZI Agenda Information Memo March 20, 2007 Eagan City Council Meeting 1. O'NEILL DRIVE - AUTHORIZE RELEASE FROM MNDOT ACTION TO BE CONSIDERED: Approve a joint resolution from the City of Mendota Heights and the City of Eagan requesting a Municipal Boundary Adjustment for the annexation of that portion of O'Neill Drive within the City of Mendota Heights to the City of Eagan. FACTS: • O'Neill Drive is a two-lane urban roadway along the south side of I-494 that extends from Highway 149 to the Inver Grove Heights border in northeast Eagan. The street was constructed in the mid-1980's as part of the construction of I-494 and adjacent development. • All of O'Neill Drive lies within MNDOT right-of-way, but has been maintained by the City of Eagan since its construction. The corporate boundary between Mendota Heights and Eagan approximately follows the centerline of the roadway, resulting in a portion of O'Neill Dr. being located within both cities. • On November 9, 2006, the City Council approved a separate resolution that allowed the release of control of the entire roadway from MNDOT to the City of Eagan, consistent with current maintenance operations. • Since the City of Mendota Heights does not have an interest in maintaining its portion of O'Neill Drive, it would be appropriate for the City Council to approve this joint resolution with the City of Mendota Heights that requests the State Office of Administrative Hearing - Municipal Boundary Adjustments to concurrently detach a portion of O'Neill Drive from the City of Mendota Heights and annex the same to the City of Eagan. • The Mendota Heights City Council approved this joint resolution at their meeting March 6, 2007. ATTACHMENTS: • Location Map, page. • O'Neill Drive Joint Resolution with Mendota Heights, pageQ).`~? MENDOTA HEIGHTS Area of O'Neill Drive to be Released to Eagan INTERSTATE 494 _ _ - O ~O o~ a ~ W W - 0 w LONE OAK OAD TRUNK HINY N0.55 I O'Neill Drive - Release Map City of Wan Exhibit "A" 11-1-06 Engineering Department CITY OF MENDOTA HEIGHTS RESOLUTION NO. 07-17 CITY OF EAGAN RESOLUTION NO. JOINT RESOLUTION REQUESTING CONCURRENT DETACHMENT FROM MENDOTA HEIGHTS AND ANNEXATION TO EAGAN OF O'NEILL DRIVE PURSUANT TO MN STAT. §414.061 WHEREAS, certain real property (hereafter referred to as the "Property") legally described as: See Exhibit "A" attached hereto and incorporated herein is approximately 2.25 acres in size and located within the boundaries of the City of Mendota Heights, and WHEREAS, the Property is owned by Minnesota Department of Transportation (MN/DOT) and is a portion of a larger frontage road which includes approximately 6.78 acres in the City of Eagan, WHEREAS, the Property would be better served for police, fire planning and zoning by having the entire frontage road in one municipality, and WHEREAS, the northern boundary of the Property is the Interstate 494 right-of- way separating the Property from the remainder of the City of Mendota Heights; and WHEREAS, the Property is owned by Minnesota Department of Transportation (MN/DOT) and MN/DOT is processing the request to release the frontage road back to the City of Mendota Heights, and WHEREAS, the Property abuts real estate along its entire southern border that is located within the City of Eagan. NOW, THEREFORE, BE IT RESOLVED: 1. That the City of Mendota Heights and the City of Eagan jointly request that the Office of Administrative Hearings - Municipal Boundary Adjustments concurrently detach the Property from the City of Mendota Heights and annex the same to the City of Eagan at the earliest possible date. 2. That this joint resolution be submitted to the Office of Administrative Hearings - Municipal Boundary Adjustments for the purposes set forth herein. 2 Approved by the City of Mendota Heights this G ~ti da of /7" L , 2007. Jo b ATTEST: Ka Teen Swanson, Clerk Approved by the City of Eagan this day of , 2007. Mike Maguire ATTEST: Maria Petersen, Clerk ~1 PROPOSED TURNBACK DESCRIPTION TO CITY OF MENDOTA HEIGHTS That part of MNDOT RIGHT OF WAY PLATS NO.S 19-55, 19-56, and 19-57 in Section 36, Township 28, Range 23, Dakota County, Minnesota, described as commencing at the northeast comer of Section 1, Township 27, Range 23: thence on an assumed bearing of South 0 degrees 45 minutes 42 seconds East along the east line of said Section 1 a distance of 868.19 feet to the point of beginning of land to be described; thence continuing South 0 degrees 45 minutes 42 seconds East along said east line of Section 1 a distance of 94.71 feet; thence northwesterly a distance of 169.81 feet along a non-tangential curve, concave to the northeast, having a radius of 338.56 feet, a central angle of 28 degrees 44 minutes 15 seconds, and a chord bearing of North 43 degrees 57 minutes 48 seconds West; thence North 29 degrees 35 minutes 40 seconds West, tangent to said curve, a distance of 334.52 feet; thence northwesterly a distance of 550.00 feet along a tangential curve, concave to the southwest, having a radius of 761.73 feet, and a central angle of 41 degrees 22 minutes 11 seconds; thence North 19 degrees 02 minutes 09 seconds East, not tangent to last described curve, a distance of 5.00 feet; thence North 70 degrees 57 minutes 51 seconds West a distance of 361.46 feet; thence westerly a distance of 273.61 feet along a tangential curve, concave to the south, having a radius of 818.33 feet, and a central angle of 19 degrees 09 minutes 25 seconds; thence South 89 degrees 52 minutes 44 seconds West, tangent to said curve, a distance of 797.45 feet; thence North 0 degrees 08 minutes 46 seconds West a distance of 37.00 feet to the north line of said Section 1; thence South 89 degrees 52 minutes 44 seconds West along said north line of Section 1 a distance of 543.74 feet to the North Quarter comer of said Section 1; thence South 89 degrees 53 minutes 09 seconds West along said north line of Section 1 a distance of 1360.53 feet; thence South 0 degrees 06 minutes 51 seconds East a distance of 40.34 feet; thence southwesterly a distance of 622.39 feet along a non-tangential curve, concave to the southeast, having a radius of 1311.10 feet, a central angle of 27 degrees 11 minutes 56 seconds, and a chord bearing of South 72 degrees 11 minutes 37 seconds West; thence South 58 degrees 35 minutes 39 seconds West, tangent to said curve, a distance of 773.42 feet; thence South 53 degrees 55 minutes 20 seconds West a distance of 140.57 feet; thence South 58 degrees 34 minutes 50 seconds West a distance of 91.56 feet; thence South 64 degrees 00 minutes 31 seconds West a distance of 121.58 feet; thence South 58 degrees 35 minutes 39 seconds West a distance of 75.80 feet; thence southwesterly a distance of 167.91 feet along a tangential curve, concave to the northwest, having a radius of 975.00 feet, and a central angle of 9 degrees 52 minutes 02 seconds to a point on the northeasterly extension of the line drawn between monuments B15 and B16 of said MNDOT RIGHT OF WAY PLAT NO. 19-54; thence South 34 degrees 57 minutes 16 seconds West along said extension and line between monuments B 15 and B16 a distance of 80.36 feet to said B15 monument; thence North 08 degrees 58 minutes 42 seconds West along the northeasterly extension of a line drawn between monuments B14 and B15 of said MNDOT RIGHT OF WAY PLAT NO. 19-54, a distance of 123.21 feet; thence northesterly a distance of 195.22 feet along a non-tangential curve, concave to the northwest, having a radius of 900.00 feet, a central angle of 12 degrees 25 minutes 40 seconds, and a chord bearing of North 64 degrees 48 minutes 30 seconds East; thence North 58 degrees 35 minutes 39 seconds East, tangent to said curve, a distance of 588.53 feet; thence South 31 degrees 24 minutes 21 seconds East a distance of 5.00 feet; thence North 58 degrees 35 minutes 39 seconds East a distance of 613.38 feet; thence northeasterly a distance of 754.28 feet along a tangential curve, concave to the southeast, having a radius of 1381.10 feet, and a central angle of 31 degrees 17 minutes 30 seconds; thence North 89 degrees 53 minutes 09 seconds East, tangent to said curve, a distance of 1267.03 feet to a point on the north-south Quarter line of said Section 36; thence North 89 degrees 52 minutes 44 seconds East a distance of 1341.12 feet; thence easterly 297.02 feet along a tangential curve, concave to the south, having a radius of 888.33 feet, and a central angle of 19 degrees 09 minutes 25 seconds; thence South 70 degrees 57 minutes 51 seconds East, tangent to said curve, a distance of 361.46 feet; thence southeasterly a distance of 604.15 feet along a tangential curve, concave to the southwest, having a radius of 836.73 feet, and a central angle of 41 degrees 22 minutes 11 seconds; thence South 29 degrees 35 minutes 40 seconds East, tangent to said curve, a distance of 334.52 feet; thence southeasterly a distance of 81.08 feet along a tangential curve, concave to the northeast, having a radius of 263.56 feet, and a central angle of 17 degrees 37 minutes 37 seconds to the point of beginning. EXHIBIT A 02- Agenda Information Memo March 20, 2007 Eagan City Council Meeting J. PROJECT 950, OPPERMAN DRIVE & TH 149 INTERSECTION RECONFIGURATION ACTION TO BE CONSIDERED: Cancel Project 950 (Opperman Drive & TH 149- Intersection Reconfiguration). FACTS: • On November 29, 2006 City staff received a petition from Thomson Legal and Regulatory, owner of properties adjacent to Opperman Drive and TH 149, requesting the reconfiguration of the Opperman Drive and TH 149 intersection. • On December 4, the City Council authorized the preparation of a feasibility report by Bonestroo & Associates for Project 950 to consider reconfiguring this intersection of TH 149. • Thomson had requested the City act as the lead agency for the construction of the proposed improvements to incorporate the Project 950 improvements into the construction plans for Project 778 (TH 149 Reconstruction) and coordinate approvals with all the necessary agencies. • Thomson's recent announcement of a planned expansion involving the addition of 2,000 employees to their Eagan campus has required their Facility Management staff to request a delay of further consideration of the proposed Project 950 improvements. The details of the requested improvements may change significantly based upon the results of the new development plans. • In order to complete the construction of Project 778 (TH 149 Reconstruction) on the proposed schedule for 2007 construction, it is necessary to proceed with the current schedule for bid opening and contract award without the inclusion of the petitioned Project 950 improvements. • It would be appropriate for the City Council to cancel the project and let Thomson consider a petition for any specific improvements in the future when they have better information on their expected needs. ATTACHMENTS: l 1 • Thomson Representative Letter, page ~I . LOCKRIDGE GRINDAL NAUEN ROBERT J. SCHMIT YVONNE M. FLAHERTY RICHARD A. LOCKRIDGE DARLA JO BOGGS P. L. L. P. CHARLES N. NAUEN' LISA M. POLLARD-' ATTORNEYS AT LAW H. THEODORE GRINDAL DAVID J. ZOLL W. JOSEPH BRUCKNER NATHAN D. PROSSER CHRISTOPHER K. SANDBERG ELIZABETH R. ODETTE SUITE 2200 J. MICHAEL SCHWARTZ DAVID W. ASP BERT BLACK'S R. REID LEBEAU 11 100 WASHINGTON AVENUE SOUTH HARRY E. GALLAHER CARMEN B. COPHER MINNEAPOLIS, MINNESOTA 55401-2179 WILLIAM A. GENGLER SARAH M. RUSSELL ERIC C. TOSTRUD* TELEPHONE (612) 339-6900 ROBERT K. SHELOUIST " .ONiTT[o~..NCwYO11 0- HENRI G. MINETTE GOVERNMENT RELATIONSt FACSIMILE (612) 339-0981 GREGG M. FISHBEIN DENNIS M. MCGRANN SUSAN E. ELLINGSTAD KATHLEEN K. MICHELETTI KAREN HANSON RIEBEL DOUG D. STANG SUITE 210 HEIDI M. SILTON ALLYSON J. HARTLE GREGORY J. MYERS REBECCA K. KLETT 415 SECOND STREET, N.E. OF COUNSEL MATTHEW S. SC HAFER WASHINGTON, D. C. 20002-4900 DANIEL A. FARBER- ALAYNE M. FAIR ELIZABETH A. SNELSON BRIAN M. WILLIAMS TELEPHONE (202) 544-9840 BRADLEY W. ANDERSON MEGAN G. HELGE PATRICIA A. BLOODGOOD' EMILY J. GEHRMAN FACSIMILE (202) 544-9850 -o .oNiYrco .N wiscoNSiN Y NON-.YYOSNCY Losenars 1. T- WWW. LOCKLAW.COM '.o NiYYCO iN wsNiNO*o N, o.c. -Y February 26, 2007 Mr. Russ Matthys City Engineer City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Project 950 Dear Russ: Please withdraw Thomson's request for Project 950 as the need for it is dependent upon Thomson's development plans and the outcome of the legislation which has been introduced. Thank you. Verv truly yours, LOC GE GR A N P.L.L.P. arry . Ga he HEG/jv cc: Thomas Walrath 367222-1 Agenda Information Memo March 20, 2007 Eagan City Council Meeting K. CONTRACT 07-02,2007 CITYWIDE SANITARY SEWER LINING ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract 07-02 (Citywide Sanitary Sewer Lining) and authorize the advertisement for a bid opening to be held at 11.00 a.m. on Thursday, April 26, 2007, at the Utility Building, located at 3419 Coachman Point, Eagan MN 55122. FACTS: • The rehabilitation and various sanitary sewer lining improvements of about 5,000 linear feet of existing pipe in areas throughout the City was authorized with the approval of the Sanitary Sewer Operations and Facilities portion of the 2007-2011 Capital Improvement Program (CIP) and 2007 operating budget. • All of the construction activity for said improvements has been designed to occur within existing public right-of-way or easements. • The plans and specifications have been completed and are being presented to the City Council for their approval and authorization of the advertisement for bids. • An advertisement will be published in the legal newspaper informing contractors of the bid. ATTACHMENTS: • Location Map, page (3( . 2007 SANITARY SEWER LINING CIP -2007 PRIVATE STREETS y _,z 0 500 1,000 IIIIIIIIIIIIIIIIIIEZ= FEET Citg of Eagan PR-R-Bv: EwGwN PUBLIC WARNS QS D- PRERwRm: 14 MMCR 2007 ~ N O O Z Q O w R BUFFET WA ORPORATE CENTER GJ AVALON AVE 2 z w w HIGHVIEW AVE co > ~ s w 0o BRIDGEVIEW AVE > W m , m O W w O x ~ ❑ ❑ y SOUTHRIDG = S AV O m ~BROF 9P SKYLINE DR O tq~ BOpNDAL SKYLINE SKYLINE RD Z~ CT v S EPHANIE IR CT O 2 ZEHNDER ACRES SKYLINE (161 3 FT.) i = R STIC HILLS R TRL m NE = p PPNIER LN z o ❑ y PATH a m O m m w w ~ O Z [yam U THY R ~ Z G Q B: W ❑ o z m o m a O w x OF a O ¢ w_ x m K O ~ w MCCARTHY o z m a 3 TIMBER RIDGE RD D EADOWVIEW LN "'FDCEDARRD C7 NT W A ~~yUM DR o FOUR 0 ks RD QUARRY LN OG 7 v~FRR DONNYWOOD a ADDITION (3437 FT.) c ❑z O T1 G <DR oa s -ply G~ z O~ w ❑ RAIND C, y < y JPL L A ~ °m Ha c) o Ot A SNOW y HILLRIDGE Z KE DR z o DR ~~y HpRrhW NOR LETENDRE S CENTRP~-Q OOOp s m ~y o ~ m z w o E5 MARICE DR r m U W a Z Z ❑ a K ZO BLUFF C'j K y ❑ IVEa ❑ w Q DONALD Agenda Information Memo March 20, 2007, Eagan City Council L. EXTENSION OF FINAL SUBDIVISION APPROVAL (MARIAN ADDITION) ACTION TO BE CONSIDERED: To approve a 60-day extension of the Final Subdivision approval for Marian Addition, to create two single-family lots upon 1.8 acres of land located at 4365 Capricorn Place in the NE 1/4 of Section 27. FACTS: • The City Council approved the Final Subdivision on January 16, 2007. • The applicant is requesting a 60-day extension of the Final Subdivision approval due to delays from the mortgage company. • A letter from the applicant's engineer is attached. ATTACHMENTS (1): Letter from Teresa Keller, page On ~31 HEDLUND Planning Engineering Surveying RECEIVED MAR 0 9 2001 March 8, 2007 Ms. Sarah Schield, Planner City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Re: Marian Addition Final Plat Dear Sarah, On behalf of Mary Ansari I would like to request a 60 day extension of the final plat approval for the Marian Addition. Enclosed is a check for the required fee of $ 75.00. Please contact me with any questions your have regarding this matter, 651-203-6627. Sincerely, Teresa Keller Hedlund Planning Engineering Surveying enclosure ~g 2005 Pin Oak Drive • Eagan, Minnesota 55122 • Telephone (651) 405-6600 • Fax (651) 405-6606 Agenda Information Memo March 20, 2007 Eagan City Council Meeting M. ORDINANCE AMENDMENT - CITY OF EAGAN ACTION TO BE CONSIDERED: To direct staff to initiate an Ordinance Amendment to Chapter 11, specifically as it relates to Permitted Accessory Uses in the Public Facility Zoning District. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ Information was previously provided to the City Council relative to a request made of staff for a specific church to utilize a former residence located on their property for community service uses (i.e. food shelf, training center, etc.). ➢ These types of uses are not listed as permitted or conditional in the PF zone. Staff is suggesting that the City consider allowing these uses as permitted accessory uses, subject to Site Plan review. This scenario would require the new use(s) to be incidental to the primary use of the property and allow staff review to determine if adequate site conditions exist, so. ➢ As an amendment to Chapter 11, this proposal will need the Advisory Planning Commission to hold a Public Hearing. The letter prompting this discussion is attached. ATTACHMENTS: (1) Letter from Mount Calvary Lutheran Church on page . ~J I {0 t Mount Calvary Lutheran Church 3930 Rahn Road • Eagan, MN 55233-1523 • 651.454.2344 • ww.mtcalvary.com F ary 15, 2007 Pamela Dudziak Planner, City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: LETTER OF PURPOSE Mount Calvary Lutheran Church would like the City of Eagan to consider adopting any and all variances and zoning regulations necessary to allow for a food shelf and education resource center on church property in Eagan. - Mount Calvary Lutheran Church owns a former residence on its property that can serve the greater good of the community as a food shelf and education resource center. No longer used as a residence, the building has ample space for food storage as well as space for computers, books, and meeting rooms. With poverty a growing concern in Dakota County and Eagan itself, this facility has the potential to feed many people, especially children, in the community but perhaps more importantly the goal of the facility is to provide education and training in the form of computer classes, job skills training, after school homework help and similar programs that would help those in poverty break out of the cycle. The facility is scheduled to be open 12.5 hours each week, year round, with hours expanding as needs and volunteers become available. Parking is available on the current driveway of the residence but acreage is available to expand the parking area. Attendance at the resource center is difficult to accurately gauge but many food shelves in Dakota County serve between 40 to 200 families each month. Attendance at education classes and similar programs would vary from program to program and may include the same clients visiting the food shelf. If you have any further questions, please contact Darcy Schatz at 651-687-0343 or NaDyne Glidden, Administrator, at 651-454-2344. Thank you for your consideration. David Lillejord Darcy Schatz Senior Pastor Resource Center Director FEB 1 6 2001 ~I~ Agenda Memo March 20, 2007 City Council Meeting N. AMEND Exclusive Alcohol Contract with Holiday Inn to include the Eagan Market Fest in Central Park. ACTION TO BE CONSIDERED: Authorize an amendment to the exclusive beverage contract with Holiday Inn that covers the Eagan Community Center to allow for the inclusion of the Eagan Market Fest in Central Park. FACTS: • The ECC currently has a contract in place that allows exclusive beverage service in that building for events that wish to serve alcohol. • In May of 2006 the City Council took action to authorize the expansion of this contract to include other city facilities as defined and approved by the City Council with the understanding that each request would come before the Council for approval. • At that time the Director of Administrative Services VanOverbeke and the city attorney reviewed the preliminary concept of amending the contract to include such events. • The 2007 Eagan Market Fest is an evolution of the annual summer entertainment series offered in various parks which will be hosted exclusively in Central Park at the Eagan Rotary Band Shell and surrounding area. • The event will host live entertainment, a farmer's market, food vendors and an art component every Wednesday evening for the community to enjoy. • The events scheduled on June 20, July 11 and August 22 would also like to provide an additional component where alcohol can be sold. The specific dates would offer limited alcohol selections. For example one evening may be beer from specific countries or regions or another may be limited to various wines. Each of these special dates will have a specific theme and entertainment that ties the activities together. • Staff has been working with the police department to discuss how this could be facilitated and monitored should the Council approve the amendment to the contract to include Central Park for the 2007 Market Fest. ATTACHMENTS: None Agenda Information Memo March 20 2007 Eagan City Council Meeting 0. DONATION FOR THE FIRE DEPARTMENT FROM GOPHER RESOURCES IN THE AMOUNT OF $159000 FOR THE PURCHASE OF AN OFF ROAD FIRE/RESCUE VEHICLE ACTION TO BE CONSIDERED: To approve a resolution accepting a $15,000 donation from Gopher Resources for the Fire Department for the purchase of an off road/rescue vehicle. FACTS: • Gopher Resources has offered to make a $10,000 donation to the Fire Department for use in purchasing a UTV vehicle. A UTV is similar to an ATV except that it has room for 2-4 passengers and a utility box for fire/Rescue equipment. • The Eagan Fire Department is requesting that these funds be applied towards buying the UTV, trailer and water fire pump system. • Projected costs will be approximately $15,000. • It should also be noted that Gopher Recourses currently employees 3 of our paid on call firefighters and Gopher has agreed to allow the employees to respond to confirmed structure fire calls during their daytime work hours at Gopher. • A thank you letter will be sent to Gopher Recourses from the fire department. ATTACHMENTS: • Resolution enclosed on page-43. ~2 EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on March 200,2007, at 6:30 p.m. The following members were present: Carlson, Bakken, Fields, Maguire, and Tilley. Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN WHEREAS,. the City Council of the City of Eagan encourages public donations to help defray the costs to the general public of providing services in Eagan; and WHEREAS, Gopher Resources has offered to donate $15,000 for use by the City of Eagan Fire Department; and WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two-thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Dakota County, Minnesota, that the donation is hereby accepted for use by the City; BE IT FURTHER RESOLVED, that the City sincerely thanks the Gopher Resources for the gracious and generous donation. ADOPTED this 20h day of March, 2007. Mike Maguire, Mayor ATTEST: Maria Petersen, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member and upon the vote being taken thereon, the following voted in favor: and the following voted against the same: WHEREUPON, said resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Clerk. Agenda Information Memo March 20, 2007, Eagan City Council Meeting P. APPROVE TEMPORARY ON-SALE LIQUOR LICENSE AND WAIVE LICENSE FEE FOR THE EAGAN FOUNDATION FOR A WINE TASTING EVENT ON APRIL 19, 2007 ACTION TO BE CONSIDERED: To approve the temporary on-sale liquor license and waive the license fee for the Eagan Foundation for a wine tasting event on April 19, 2007. FACTS: ➢ The Eagan Foundation has requested a temporary on-sale liquor license be issued to them for a wine tasting event planned for April 19, 2007 at the Eagan Community Center. The 6"' annual charitable event is being held to raise funds for the various projects of the Eagan Foundation. ➢ The Eagan Foundation has requested that the $150.00 license fee be waived. ➢ The application form has been submitted and deemed in order by staff. Following Council approval, the application will be forwarded to the Department of Public Safety/Liquor Control Division for their approval. ATTACHMENTS (0): Agenda Information Memo March 20, 2007, Eagan City Council Meeting Q. APPROVE ON-SALE LIQUOR AND SUNDAY LICENSE FOR GM EAGAN LLC, DBA GREEN MILL RESTAURANT & BAR, 1940 RAHNCLIFF COURT ACTION TO BE CONSIDERED: To approve the on-sale liquor and Sunday license for GM Eagan LLC, dba Green Mill Restaurant & Bar, 1940 Rahncliff Court. FACTS: ➢ The new owners of the Green Mill Restaurant & Bar, Paul Dzubnar, Brent Shelton and Michael Drummer, have applied for an on-sale liquor and Sunday license with the City of Eagan. ➢ The owners of the Eagan Grill Mill also own the Green Mill Restaurants in Lakeville and Rochester. ➢ The required documents have been submitted, reviewed and deemed in order by City staff and the Police Department. No reason was found to deny the on-sale liquor and Sunday license. ATTACHMENTS (0): Agenda Memo March 20, 2007 Regular City Council Meeting CONSENT AGENDA: R. Tobacco License for GM Eagan LLC, 1940 Rahncliff Court ACTION TO BE CONSIDERED: Approve Tobacco License for GM Eagan, LLC (Green Mill Restaurant and Bar), 1940 Rahncliff Court. FACTS: • The Green Mill Restaurant and Bar has been purchased by GM Eagan, LLC who is applying for a license to sell tobacco products. • All requirements of the application have been met. • The Police Department has reviewed the application and sees no reason to deny. ATTACHMENTS: None. • (The application is available for review in the Administration Department) Agenda Information Memo March 20, 2007, Eagan City Council Meeting S. EXTENSION FOR RECORDING FINAL PLAT - MANLEY COMMERCIAL ADDITION ACTION TO BE CONSIDERED: To approve a 90-day extension of time to record the final plat for Manley Commercial Addition, located on O'Neill Drive south of I-494 and west of Argenta Trail in the NE '/4 of Section 1. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The City Council approved the final plat on August 15, 2006. Two extensions of time to record the plat have been granted, and expire on March 14, 2007. ➢ The plat has been submitted to Dakota County for review. Recording has been delayed due to additional documentation required by the County. ➢ This current 90-day extension would allow until June 12, 2007 for the plat to be recorded. ATTACHMENTS (1): Letter from applicant, page Larkin Homan Larldn Hoffman Daly & Lindgren Ltd. 4770 R!V EMS 1500 Wells Fargo Plaza 7900 Xerxes Avenue South Minneapolis, Minnesota 55431-1194 61JRr VAL. 952-835-3800 AX: 952-896-3333 Ali!, www.L-wkinhoffinan.com March 13, 2007 Pam Dudziak U.S. MAIL AND CITY OF EAGAN EMAIL 3830 Pilot Knob Road Eagan, Minnesota 55122 Re: Trinity School Project Manley Commercial Addition Our File No. 11473-14 Dear Ms. Dudziak: I am writing on behalf of our client, People of Praise Minnesota, Inc., the owner of the property described in the Manley Commercial Addition plat. I am writing to request an additional ninety (90) day extension to file the plat to allow the developer to pursue an additional amendment to the Exxon Mobil pipeline easement located along the west boundary of the property. Please place this matter on the Council Agenda for March 20, 2007. 1 am enclosing our firm's $75.00 check to pay the necessary fee for this request. Of course, please call or email if I can answer any questions on this letter. Thank you in advance for your assistance. ncere y, Thomas P. Stoltman, for Larkin Hoffman Daly & Lindgren Ltd. jj cc: Joel Kibler (email) Robert Davidson, Esq. (email) Robert Bauer, Esq. (bauerR@seversonsheldon.com) 1125926.1 Agenda Information Memo March 20, 2007, Eagan City Council Meeting T. EXTENSION FOR RECORDING FINAL PLAT - REVESTORS COMPANIES (RED PINE CROSSING) ACTION TO BE CONSIDERED: To approve a 90-day extension of time to record the final plat for Red Pine Crossing, located south of Red Pine Lane and east of Hwy. 3 in the SE 1/4 of Section 36. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The City Council approved the final plat on October 17, 2006, and an extension of time to record the final plat was approved in December 4, 2006 and expires March 16, 2007. ➢ The applicant has requested another 90-day extension of the final plat approval. The current requested 90-day extension would allow until June 14, 2007 for the plat to be recorded. ➢ The plat has not been recorded, pending receipt of the financial guarantee. The applicant has indicated they expect to begin construction within the next few months and after their loan closing, they will then provide the letter of credit required by the City prior to recording of the plat. ATTACHMENTS (1): Letter from Tim Anderson, Revestors Companies, page, March 15, 2007 Pam Dudziak City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Red Pine Crossing - Final Subdivision Dear Pam, With regard to Red Pine Crossing, we are requesting a 90-day extension for the final plat to be recorded at Dakota County. Enclosed is a check for the $75.00 extension fee. Please let me know if you have any questions. Best regards, Tim Anderson Cc: Quinn Hutson, CNH Architects OD Agenda Memo March 20, 2007 Regular City Council Meeting CONSENT AGENDA: U. Tree Maintenance Contractor License - Thomas Holberg, Sherwood Tree Service ACTION TO BE CONSIDERED: Approve Tree Maintenance Contractor License for Thomas Holberg, Sherwood Tree Service, 12195 Upper 167th Street W., Lakeville, MN 55044 FACTS: • Thomas Holberg has applied for a Tree Maintenance Contractor License and has met all requirements of the application. • Staff has reviewed the application and deems it acceptable for approval. ATTACHMENTS: None. • (The application is available for review in the Administration Department) Agenda Information Memo March 20, 2007 Eagan City Council Meeting OLD BUSINESS A. YANKEE DOODLE ROAD CORRIDOR/ACCESS MANAGEMENT STUDY PREFERRED ALTERNATIVES ACTION TO BE CONSIDERED: Provide consensus or direction on the various proposed preferred alternatives for each of the three segments for inclusion in the final draft of the Yankee Doodle Road (CSAH 28) Corridor and Access Management Study. FACTS: • The City and County have entered into an agreement to perform a corridor study of County State Aid Highway 28 (Yankee Doodle Rd) for a 2-mile segment (I-35E to TH 149). The County's study process has included significant public input through several public open houses and numerous individual meetings with business and property owners. This study began in June, 2006 and was originally proposed to be completed at year's end. However, the complexity of the various proposed alternatives and the need for additional meetings with affected property owners have carried this study into 2007. • On December 19, 2006, the Council reviewed all of the proposed preferred alternatives, received input from many property/business owners and directed staff to continue to meet with owners of interest to try and address all concerns. Based upon the input received, the Council continued consideration of the preferred alternatives for the three segments to January 16, 2007. Numerous individual and group meetings were held and various modifications to some of the concepts were made. Many of the modifications have received some degree of buy-in from affected property owners. Some concerns are not able to be appeased with a feasible alternative. • At the January 16 meeting, the Council continued their consideration to the March 6 meeting to allow staff more time for additional meetings with concerned parties. The March 6 meeting was subsequently continued to March 20 to allow the County's Physical Development Committee to consider the study and its impacts on March 13. • This corridor was divided into 3 segments for analysis purposes; the West (Denmark Ave. to Lexington Ave.), the Middle (Lexington Ave. to Elrene Road) and the East (Elrene Road to TH 149). A summary of the proposed intersection alternatives and identified basic issues/concerns have been summarized with responses to date. Copies of written comments received are also included. ATTACHMENTS: • Yankee Doodle Road Corridor Study Recommended Alternatives - Status Summary, pages 5 through. ~~QQ • Written comments/letters, pages L--U through ~ . • Summary of County Physical Development Committee mtg, page • Graphic of Corridor Recommendations, enclosed without page number. • Don Stevens, Inc., Traffic Analysis study, forwarded under separate cover 52 YANKEE DOODLE ROAD CORRIDOR STUDY RECOMMENDED ALTERNATIVES - STATUS SUMMARY As of 3-15-07 Current Proposed Ultimate Configurations and Operations are listed as follows: WEST SEGMENT (I-35E to LEXINGTON AVE.) Alt. 3 1. Extend 6-lane design a. Yankee Doodle Rd from east of Denmark Ave. to east of Lexington Ave. Issues: None expressed to date 2. Denmark Ave Intersection a. Upgrade signal operation from current Split Phase to a Full Phase Signal with supplemental pavement markings (allowing simultaneous movements from opposing left turn lanes for all directions). Issue: None expressed. Modification will maximize functional capacity of intersection. b. Modify configuration of median between Yankee Doodle and Town Center Dr.: i. Remove southbound left turn lane and... ii. Increase length of northbound dual left turn lane Issue: Concern expressed by Council and MFC Properties about limiting accessibility to Town Center Shoppes (new Walgreens location), particularly those fronting Town Centre Drive east of Denmark Avenue. Response: Existing 2 access driveways from Denmark Ave. (south of Town Center Dr.) adequate to provide full access movements to internal parking lot circulation. 3. Promenade & Blue Cross Entrance intersection (3W) -I" Preferred Alternative a. Relocate existing intersection slightly to the east and construct a new public street from Yankee Doodle to Town Center Dr near the east property line of the BCBS office tower. Issue: Concern Expressed by BCBS about impact to existing access, right-of-way acquisition, parking lot layout/circulation, loss of 100+ parking stalls and potential assessments. (see attached correspondence identified as "West1a7- BCBS) Response: Several meetings held with BCBS and an acceptable conceptual alignment has been agreed to for this study phase. Continued future meetings will be necessary in detailed Design Phase to evaluate property acquisition limits/costs to accommodate new roadway construction and parking stall replacement. Issue: City and County concern that the cost of property acquisition and roadway construction may be economically prohibitive from a costibenefit perspective.. Response: Some concession in row dedication and/or special assessment funding may be necessary to finance costs beyond benefit to County Road system. If not feasible, then next Alternative (2W) would have to be implemented (See 4. a) Issue: Concern expressed by DDR Inc. (Promenade) about impact to existing identification sign. Response: Several meetings held with Property owner representative and sign would have to be relocated/reconstructed as part of row acquisition and/or project construction. b. Install a Full Phase Signal with all-way access. Issue: Modification will address safety issues at this intersection and help relieve volume at Denmrk Ave. intersection. However, it will reduce overall mobility to County Road. 55 Response: The reduction in mobility will be offset by the safety benefits and operational improvements at Denmark. 4. Promenade & Blue Cross Entrance intersection (2W) - 2nd Preferred Alternative a. Reconfigure existing full-access intersection and median opening to restrict north-south through movements and restrict left turns onto Yankee Doodle Rd from the local side streets (Promenade and BCBS). Also restrict left turns from westbound Y.D. into BCBS. Left turns from eastbound Y.D. into Promenade would be controlled with a two-phased signal. Issue: Concerns expressed about loss of current full access to/from BCBS and loss of Promenade left turn movement onto Y.D. (see attached correspondence identified as "West4.a7- Promenade Oaks) Response: Any additional increase in local access movements will negatively affect the long-term mobility of Yankee Doodle Rd. with out providing offsetting safety benefits to a greater area via a public street connection to Town Center Dr. Issue: Council expressed concern about current difficulty for Promenade internal driving aisle to access to Denmark Ave. and negative impact of additional redirected traffic. Response: Intersection improvements to Denmark Ave. will accommodate the small number of redirected Promenade left turn movements. 5. O' Lear a. Close Median Opening restricting access to Right-in/Right-out movements only. Issue: Concerns expressed from local businesses along O'Leary Lane about limited accessibility. Response: If Alternative 3W is constructed, a side street access could be constructed from the new BCBS public street to O'Leary Lane allowing comparable access to Y.D. via a new signalized intersection at Promenade. This could require the same row dedication and/or assessment concessions as discussed in 3.a. Another option still being evaluated would incorporate a phased closure of the median opening to allow westbound left turns from Y.D. to O'Leary until full closure is justified for safety or operations. MIDDLE SEGMENT (LEXINGTON AVE. to MIKE COLLINS/IVY LANE) (Alt. MI Modified) 1. Extend 6-lane design a. Yankee Doodle Rd through Lexington Ave. to east of Discovery Road/Golfview Drv. Issue: None expressed to date 2. Discovery Road/Golfview Drive Intersection a. Close median opening restricting access to Right-in/Right-out movements only and construct an indirect left turn (U-turn) median opening for eastbound passenger vehicles approximately 750 feet to the east of Discovery Drive. Issue: Concerns have been expressed by Skyline Displays, Inc., Don Stevens. Inc. and Faithful Shepherd Catholic School (FSCS) regarding limited accessibility (see attached correspondence identified as "Mid1a.i"- Skyline, "Mid1a.ii"- Don Stevens, and "Mid1a.iii"- FSCS). Response: Skyline Displays has access to Yankee Doodle Road via Discovery Road and access to Lexington Avenue via Neil Armstrong Boulevard. Skyline Displays' primary use of Discovery Road is for visitors and clients traveling in passenger vehicles. The provision for indirect left turns approximately 750 feet east of the existing median 5H opening will provide adequate opportunity for passenger vehicles to access Skyline Displays. Employees and deliveries are currently and will continue to access the property via Neil Armstrong Boulevard. Don Stevens Inc. is a HVAC and foodservice equipment wholesaler resulting in a variety of vehicle types (i.e. passenger vehicles, vans, small trailer, long trailer, over-the-road, etc.) traveling to Don Stevens. Don Stevens engaged the services of a traffic engineer to evaluate the study analysis and recommendations. The recommended alternative would accommodate all vehicles destined to Don Stevens via the indirect left-turn median opening except long trailer and over-the-road trucks. Based on conversations with representatives of Don Stevens, approximately 10 of these vehicle types travel to Don Stevens from the west on daily basis. Most arrivals/departures occurring at times that do not conflict with the beginning or end of the school day at Faithful Shepherd Catholic School. These vehicles can reroute their trip such that they approach Don Stevens from the east and access Discovery Road via a right turn from Yankee Doodle. Additionally, these vehicles could approach Don Stevens from the west, turn left at Columbia Drive, turn around in the existing cul-de-sac, or a modified cul-de-sac bulb, and travel westbound on Yankee Doodle Road and turn right on Discovery Road. FSCS has access to both Discovery Road and Columbia Drive. FSCS engaged the services of a traffic engineer to evaluate their existing traffic patterns at drop-off and dismissal periods. As a result of this review, changes will be made to their traffic pattern which will adapt well to the preferred alternative. A voicemail was received on March 13, 2007 indicating that FSCS no longer has concerns with the preferred alternative. Four sub-alternatives were developed during the study in an attempt to provide additional access opportunities to the properties along Discovery Road. This was a challenging endeavor due to existing land use and environmental constraints. All of the sub- alternatives resulted in some level of impact to the existing parcels. Over the course of 5 meetings with property owners along Discovery Road, it was determined that the impacts were not tolerable to the impacted property owners, including Skyline Displays, Don Stevens. Inc., and FSCS. No new local connections are proposed as part of the Yankee Doodle Road improvements because of the input received from the property owners. The County has indicated their willingness to explore cost participation in the construction of a local connector roadway if it is constructed as part of the Yankee Doodle Road improvements in 2009. 3. Columbia Drive/Wescott Woodlands Intersection a. Maintain full movement intersection by aligning north-south approaches with side- street stop control allowing for full movements from all approaches. Issue: Does not improve ability to make left turns from Columbia Drive or Wescott Woodlands. Response: The intersection does not currently meet traffic signal warrants due to low traffic volumes on the north and south approaches. Increased traffic volumes on Columbia Drive or Wescott Woodlands with anticipated volume increases on Yankee Doodle Road may validate signal warrants. 55 4. Yankee Doodle Road, east of Columbia Drive a. Remove driveway on north side of Yankee Doodle Road approximately 650 feet east of Columbia Drive. Issue: Removing the parcel's access to Yankee Doodle Road will isolate the parcel and eliminate all access to public right of way. Response: A connection to Columbia Drive is proposed which requires the acquisition of public right-of-way from an unrelated property owner (Stock Lumber). EAST SEGMENT (MIKE COLLINS DRIVE to HWY 149) (Alt. E2 Revised) 1. Maintain 4-lane design a. Yankee Doodle Rd from Mike Collins Drv. to Hwy. 149 Issues: None expressed to date. 2. Mike Collins Drive/Iyy Lane Intersection a. Modify median for % intersection (allowing left turns from Yankee Doodle Road, restricting left turns from the side streets). Issue: Limited concern expressed by resident due to left turn restriction for Ivy Lane. Response: Resident has access to Elrene Road and left turn on to Yankee Doodle Road. Modification will enhance safety of intersection. Issue: No concern expressed to date due to left turn restriction for Mike Collins Drive. Extension of Borchert Lane to intersection of Chapel Lane/Hwy. 149 would address access limitations to Hwy. 149. 3. Elrene Road/Compost Site Entrance Intersection a. Install a Full Phase Signal with all-way access. Issue: Modification will address future safety issues at this intersection due to significant traffic volume increase and Thomson development/expansion access to Yankee Doodle Road. However, it will reduce overall mobility to County Road. Response: The reduction in mobility will be offset by the safety benefits and operational improvements at Elrene Road. Issue: Access of Thomson development/expansion to Yankee Doodle Road via Elrene Road will surpass volume capacity of current Elrene Road design and Ivy Lane/Elrene Road intersection configuration. Response: Upgrade of Elrene Road design to 4-lane from Ivy Lane to Yankee Doodle Road and reconfiguration of Ivy Lane/Elrene Road intersection to roundabout or traffic signal control would address increased Thomson traffic volume. Issue: Previous environmental study by West (Thomson) indicated site access connection to Elrene Road would not occur. Response: Connection of Thomson access to Elrene Road rather than direct connection to Yankee Doodle Road is strongly supported by Corridor Study analysis due to significant safety benefits and operational improvements on Yankee Doodle Road. Issue: Concern and support expressed by residents about the use of a roundabout at Ivy Lane/Elrene Road intersection. Response: Roundabouts are the focus of numerous recent studies that have indicated significant safety and operational benefits when compared to traffic signals. Issue: North leg of signalized intersection would be driveway to private business. Contrary to County policy. 5 ~o Response: Significant consideration was given to create public street with connection to Mike Collins Drive. Impact to existing industrial businesses (loss of at least one business) and construction cost outweighed benefit. Provides potential future full access for Gopher Resources. 4. Gopher Resources/Lo Nidy Entrances Intersection a. Full median closure (allowing only right turns from Yankee Doodle Road and from the private driveways, restricting all left turns). Issue: Concerns expressed about loss of current full access to/from Gopher Resources and future Lo Nidy development. (see attached correspondence identified as "East4.a"- Gopher Resources) Response: Close proximity of median opening and associated driveways to Hwy. 149 and geometric sightline limitations make the potential of future safety issues at this location highly probable. A median closure would be the final step of a multi-phase solution to address any such safety concerns. Each phase would be implemented only after evident need is indicated by detailed traffic analysis. The operations of the two businesses and the associated traffic, predominantly large semi-trucks, would largely dictate the level of safety concern/need. Lo Nidy plat was approved by the County on the basis of right- in/right-out access to site from Yankee Doodle Road. (See attached Plat Commission letter of review) Issue: Concerns expressed about the lack of alternative access provided for Gopher Resources to a full access intersection on Yankee Doodle Road. Response: Significant consideration was given to create a private driveway/public street with connection to Yankee Doodle Road, Mike Collins Drive or Borchert Lane for Gopher Resources in conjunction with numerous meetings with Gopher Resources representatives. City, County and Gopher Resources concerns that the cost of roadway construction or property acquisition may be economically prohibitive from a costibenefit perspective has concluded any further study consideration. Incorporation of private driveway access to the signalized Elrene Road intersection as part of future site development of the contiguous Gopher Resources properties is still possible. Issue: Concerns expressed about the lack of alternative access provided for Lo Nidy to a full access intersection on Yankee Doodle Road. Response: Consideration was given to create a private driveway/public street with connection to Yankee Doodle Road via Elrene Road for Lo Nidy in conjunction with numerous meetings with Lo Nidy and Thomson representatives. While a lack of interest was portrayed by Thomson representatives (Thomson owns property for proposed private driveway/public street), further consideration would be appropriate at the time of median modifications. 5. TH 149 Intersection a. No changes are being proposed with this study. Issue: None expressed to date. '5_7 WEST 3 0. To: Kristi Sebastian, Dakota County Traffic Engineer Tom Colbert, City of Eagan Director of Public Works Mayor & City Council From: Roger Kleppe, Senior Vice President, Human Resources and Facilities Services, Blue Cross Blue Shield of Minnesota Date: February 6, 2007 Subject: CSAH Corridor Study - West Segment Blue Cross Blue Shield of Minnesota established its relationship with Eagan in 1958 with the purchase of land and in 1968 with the construction of its first building at 3535 Blue Cross Rd. Blue Cross now occupies ten buildings in Eagan totaling over 1.2 million square feet with over 4,000 employees and contractors. We have grown with the city and have enjoyed a strong and mutually beneficial relationship. We are hopeful that full consideration of this history and contribution to the community will be given when addressing our business concerns. On January 29, 2007 representatives from Blue Cross Blue Shield of Minnesota met with members of the CSAH 28 Corridor Study Team. The purpose of this meeting was to engage in discussion about the development of the intersection at Yankee Doodle Road and Promenade Avenue. BCBSMN and the Study Team each presented three options for discussion and consideration. At this meeting Blue Cross reiterated its position that our preferred option was to retain the current intersection configuration and simply add semaphores to provide full signalization, which would include left turns in and out at Promenade and at our site entrance. This option provides an enhanced level of safety, minimizes disruption for area businesses and is the least costly alternative. At the request of the Corridor Study Team, Blue Cross prepared two alternative exhibits that would accommodate the extension of Promenade Avenue to Town Centre Drive. These exhibits were compared with three options prepared by the study team. After review and discussion, it was determined that two of the respective options were similar in design and intent. The BCBSMN "Option B" and the study team "Middle Option" were enough alike to make relevant comparisons. A number of concerns about this alternative for the Promenade intersection need to be addressed before it could gain the support from Blue Cross. These include: • Due to the Corridor Study Team's "Middle Option", the Promenade realignment will result in the loss of anywhere from 70 to 100 parking spaces on the 1200 Yankee Doodle Road site. This option reduces Blue Cross' parking counts below the City of Eagan's requirements and Blue Cross' needs. It is our expectation that the City/County will work with us to so that our current parking count of approximately 500 spaces is maintained. We would prefer to work with the City to gain a permanent parking easement on the lot formerly developed as a State of Minnesota's emissions testing facility. • The "Middle Option" will additionally result in the loss of our main entrance to the 1200 Yankee Doodle Road site. It is our expectation that a new main entrance, similar to our "Option B" will be created and that this entrance will allow for vehicles to make a right-hand in and right-hand out movement to access our site. • The "Middle Option" will result in Blue Cross losing part of its site area. It is our expectation that the City will work with us to address storm water requirements, both rate control and water quality, utilizing the existing pond and or the existing municipal infrastructure. • Due to the parking loss on the 1200 Yankee Doodle Road site, additional pressure will be placed on the exiting parking easement of 168 spaces that Blue Cross shares with the Solomon Development Company. It is our expectation that the City will work with us to preserve our ability to utilize these parking spaces indefinitely. In addition, we believe it is advantageous to Blue Cross to have the ability to utilize the parking easement as an entry to our development of Outlot A, which would result in foregoing set-backs onto the Solomon property so that the parking lot easement can be connected to the parking lot for the new development. • Blue Cross requests that the method for calculating any Blue Cross assessment be outlined prior to approving this concept plan. We are available to participate in further analysis and discussion. We appreciate the collaborative relationship the City and County has maintained throughout this study and for the opportunity for us to participate in the planning process. We look forward to further discussions on the Yankee Corridor Project. v~1 ~s i 3 ~ Russ Matthys From: Sebastian, Kristi [Kristi. Sebastian @CO. DAKOTA. MN. US] Sent: Wednesday, February 14, 2007 4:16 PM To: frankfidler@bluecrossmn.com Cc: Russ Matthys; Sorenson, Brian; Tom Colbert; Tim Plath; Frank Loetterle (E-mail); Pat Corkle (E-mail) Subject: FW: Yankee Doodle Road Study Summary of January 29, 2007 meeting with Blue Cross representatives Good afternoon Frank, I am writing to summarize our meeting on January 29, 2006 and provide an update regarding the study. Meeting Attendees: Roger Kleppe, Jim Paulet, Steve Merwin (Blue Cross) Frank Fidler, Vik Bangia (United Properties) Cary Brendalen (Architectural Alliance) Fred Dock, Will Thompsen (Meyer, Mohaddes Associates) Kristi Sebastian (Dakota County), Tom Colbert, Russ Matthys, Tim Plath (City of Eagan) Meeting Objective: Share alternative road and building location concepts for the approaches at BCBS/Promenade Ave. intersection. Concepts: BCBS developed three different options for roadway connections and development of a second building. Concept A retains a private road in the current allignment with traffic signals. The southerly section of the property contains the proposed new building with access at Town Center Drive. Option B provides for a southeasterly public street east of the current driveway at Yankee Doodle. The southerly development is shown in the saute manner as Option A. Concept C alligns a public road directly accorss from Promenade with a 90 degree turn at the propertly line connecting the road to Town Center east of the BCBS property. The new building footprint is along Yankee Doodle. Due to the space constraints, this option required the building footprint to be reduced to 40,000 SF. The Yankee Doodle Project Team brought 2 new schematics to show possible road configuarations to allow for a private road across from Promedade Avenue that would attempt to minimize impacts to the BCBS propoerty. One schematic realigned Promenade to the easterly propertly line of BCBS. This allignment would require substantial retaining walls and filling north of Yankee Doodle. A second schematic also realigns Promenade to the east but, on an alignment that requires smaller retaining walls and less filling. From a cost/feasibility standpoint the most easterly alignment is not feasible but, provides a reference to the magnitude required to have the most minimal impacts to the BCBS property. Project team provided topography information, general costs, estimates of parking count changes between alternatives and addressed traffic volume issues related to the various scenarios. Representatives of BCBS indicated Option A. current driveway with signals accessible only to their existing building is their preference. Additionally, they indicated Option B could work provided the design would allow 1) the full 60-64,000 sf building to be acdomodated, 2) adequate parking to meet City requirements for the new and existing buildings and 3) the required ponding of water run-off. Option B developed by BCBS is essentially the same alignment as the new Promenade 1 VU U alignment presented by the Project Team that moves the roadway slightly to the east. BCBS representatives indicated a desire to have access along the new road that would bring visitors to the front of the existing building. Driveways off the new roadway could be discussed/considered through preliminary engineerings. PMT staff noted a connection from the new "Promenade Road" to the proposed BCBS building would be advantageous to avoid the new building only having access onto Town Center. Yankee Doodle Study Time Line: The project team will meet this week to discuss the input we have heard at the various business and school meeting that took place since the Open House in preparation for upcoming meetings. Currently, the plan is to present the study to the City and County as follows: City Council on March 6, 2007, Physical Development Committee on March 13, 2007, and County Board on March 20, 2007. Please e-mail or call if there is any additional information we should include regarding the meeting or study as we work to finalize recommendations. Also, please let me know if any modifications are needed for the list of attendees representing Blue Cross (BCBS). Thank you, Kristi Sebastian, PE, PTOE Dakota County Traffic Engineer kristi.sebastian@co.dakota.mn.us (952) 891-7178 2 A4S cal,--02 wasT 4o, CORNERSTONE ff Real Estate Advisers LLC RECEIVED VIA OVERNIGHT MAIL February 23, 2007 FEB 2 6 2001 EAGAN Russ Matthys ENGINEERING DEPARTMENT City of Eagan Engineering Department 3830 Pilot Knob Road Eagan, MN 55122 Kristi Sebastian Dakota County 1590 West Highway 55 Hastings, MN 55033 Dear Kristi and Russ - I want to thank you both for taking the time to update me on the latest status of the proposed Yankee Doodle Road construction. Although we've talked on the phone, I wanted to also follow up with Cornerstone's thoughts on the proposed options for Yankee Doodle Road work as it relates to our property, the Promenade Oaks Apartment Homes, located at the northwest corner of Lexington and Yankee Doodle. Our understanding is that there are still options being discussed for the stretch of Yankee Doodle Road between I-35 and Lexington Avenue. We have heard that the initial plan included the removal of the ability to make a left turn at Promenade Avenue from both the south and the north. We also understand that there has been discussions on putting a light at the intersection of Promenade and Yankee Doodle. As it relates to our Promenade Oaks complex, we fully support putting a light at the intersection of Promenade Avenue and Yankee Doodle Road. With 282 apartment units, a major portion of our residents use Yankee Doodle to enter and exit the property. While we understand that there may be some issues in adding a light there (due to lights at both Lexington and Denmark Avenues), we feel that these issues can be addressed by timing the lights, which will lessen any adverse impacts while allowing our residents to safely enter and exit the property Our major concern is if there is the possibility of shutting down the ability to make left turns exiting Promenade Avenue at Yankee Doodle Road. As I'm sure you know, that is the main ingress/egress point for our property and represents our "front door." We have very serious concerns about the impact to our property and our residents' safety when our "front door" becomes a limited exit point. Closing off the left turn at Promenade will force a lot more traffic through the secondary roads. This increased traffic load exposes a 2- 300 South Wacker Drive 2 Suite 3550 8 Chicago, IL 60606 0 (312) 786-0055 3 FAX (312) 786-0285 potential for a lot more issues (congestion, accidents, u-turns) on roads that were not engineered for heavy traffic. As you are aware, this is a major retail hub for Eagan and having more traffic being forced to go east-west instead of south directly on to Yankee Doodle has to be a concern for all parties involved. Finally, the reality is that any property, whether it's office, retail, or apartments, will suffer a negative economic impact if its main entry/exit point is reduced and traffic flow is forced to find alternative routes. In summary, we feel that the exit points at Yankee Doodle Road should either remain as is, or be upgraded with a traffic signal to improve the egress from both the north and south. But, closing off the left turns cause very real impacts to our property (and other properties) and our residents and we hope that that option is no longer being seriously considered. Please let me know what more I can do to express our concerns over this issue. Sincerely, homas G. Fleming CPM Vice President Cornerstone Real Estate Advisers LLC 300 South Wacker Drive • Suite 3550 • Chicago, IL 60606 • (312) 786-0055 • FAX (312) 786-0285 Larkin 1243 - 0 6 -~2 Hoffman an Larkin Hoffman Daly & Lindgren Ltd. , ATTORNEYS 1500 Wells Fargo Plaza 7900 Xerxes Avenue South Minneapolis, Minnesota 55431-1194 GENERAL: 952-835-3800 FAX: 952-896-3333 WEB: www.larkinhoffman.com February 1, 2007 ECEIVEI) Christie Sebastian FEB 2007 Dakota County Traffic Engineer LAUAN Dakota County Transportation Department =NGINEERING DEPARTMENT 14955 Galaxie Avenue, 3rd Floor Apple Valley, MN 55124 Russ Mathis City Engineer City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122-1810 Re: CSAH 28 Improvements at Discovery Drive Dear Ms. Sebastian and Mr. Mathis: This letter is written on behalf of Skyline Displays, Inc. ("Skyline") to present its position on the proposed reconfiguration of access to and from Discovery Road and CSAH 28/Yankee Doodle Road. Discovery Road is a dead-end street which has, as its sole purpose, to provide access to the public roadway system for properties located in the northeast quadrant of Yankee Doodle Road and Lexington Avenue. This is the access point for eastbound and westbound Yankee Doodle Road. As such, a reconfiguration of Discovery Road would have dire consequences with all of the property relying upon it to provide public roadway access. Skyline is placed in a difficult position arising out of the City's recent acquisition of additional right-of-way for turn lanes 11%jr Lexington:. A signil:cant cocr~ponert of the settle.-ent of this acquisition case was the reliance placed on representations made that there were no further improvements being considered that would affect the property and that Skyline's ability to develop and use its property would not be affected. This was obviously not the case and Skyline has learned from that experience. Value of Yankee Doodle Road Access to Skyline As you know, Skyline has made a significant investment in its state-of-the-art production/office/showroom facility at its current location. These facilities provide employment for 360 employees working four shifts, seven days per week. In addition, Skyline operates a showroom facility and training lab, both of which are used by Skyline customers. Skyline hosts Christie Sabastian Russ Mathis February 1, 2007 Page 2 15 major seminars annually and has multiple daily customer visits to these facilities. Its customers are predominantly throughout the metropolitan region and from national and international markets. The advantage of the Eagan location is its proximity to transportation infrastructure and accessibility. If access to Discovery Road is impaired as part of the CSAH 28 reconstruction, the front access to this property would be effectively eliminated which would require that the building be completely reconfigured in order to provide safe and efficient access to Skyline's customers. This would have a significant adverse effect on the value and utility of this property and the other properties at this location. It may also have an adverse effect on Skyline's relationship with its customers. The southern portion of Skyline's property has been identified as a future development site. There have been significant discussions with City staff about development plans for this property. Taking the access to this property has the effect of making it virtually undevelopable and accordingly, would greatly adversely affect the value of Skyline's property. Need for Changes to Discovery Road/CSAH 28 Intersection We learned from City and County staff that the engineering analysis of benefit, if any, from reconfiguring the intersection had not been performed and that alternative layouts were being proposed without benefit of an in-depth analysis of how and whether those layouts would have significant effects on traffic movements and safety. It is important that there not be engineering alternatives proposed that would harm Skyline's interests without considering a detailed evaluation quantifying the relative merits of all alternatives including the status quo. We were also interested to learn that no one had reported accidents or injuries as a result of the current configuration. We understand that there are a variety of alternative approaches that could be used to avoid virtually land locking the Discovery Road properties. That these have not been analyzed suggests there is a considerable amount of work to be done before making any decisions. Proposal It is imperative to Skyline that the intersection of Discovery Road and CSAH 28 should remain open for both left turn and right turn traffic. Any selected alternative must allow for both east and west bound travel on Yankee Doodle Road from the Discovery Road properties. Traffic flow benefits can be obtained by installing signals on Columbia Drive to the east and timing them to coincide with the school traffic. The signaled intersection at CSAH 28 and Lexington is the perfect location to drop the third lane without the need for a taper, relying instead on dedicated turnlanes to Lexington to reduce the eastbound traffic. ~5 Christie Sabastian Russ Mathis February 1, 2007 Page 3 Skyline has a major investment in the community in providing its services to a national and international market as well as several hundred jobs for the local economy. It desires to continue to do so t needs the ability to provide convenient access to its facilities for customers. Your assist ce;in avoidi~g adverse effects to its facility would be greatly appreciated. Ve yours, reg stad, for r, off Daly & Lindgren Ltd. Dir ct al: 952-896-3292 D' ect 952-842-1722 mail: gkorstad iNarkinhoffmanxom cc: Al Meinke 1101076.1 T Za i C O U N T Y RECEIVED FEB 2 7 2007 EAGAN Physical Development Division ENGINEERING DEPARTMENT Gregory J. Konat. Director February 23, 2007 Dakota County Western Service Center Mr. Gregory E. Korstad 14955 Galaxie Avenue Larkin Hoffman Daly & Lindgren Ltd. Apple Valley, MN 55124-8579 7900 Xerxes Avenue South, Suite 1500 952.891.7000 Minneapolis, MN 55431-1194 Fax 952.891.7031 www.dakotacounty.us Dear Mr. Korstad: Environmental Mgmt. Department Farmland & Natural Areas Program I am writing to respond to your February 1, 2007, letter with concerns and Office of GIS suggestions regarding the Yankee Doodle Road Corridor Study. Parks Department Office of Planning The corridor study work included detailed analysis of the operation of Yankee Surveyor's Office Doodle Road and ingress/egress to the intersecting roadways including Transit Office Discovery Drive. The study objective is to address safety, mobility and Transportation Department Water Resources Office accessibility today and with future traffic volumes. All work conducted on the study has been to address safety and other study objectives while working with the stakeholders throughout the corridor to speak to the area property owner concerns. The six-lane need for Yankee Doodle Road with a transition to a four-lane section east of Lexington Avenue was identified through the study analysis as necessary to address traffic volumes. Daily traffic west of Lexington Avenue is projected to be 40,000 vehicles daily; the traffic volumes west of Lexington Avenue are only slightly lower with 38,000 vehicles daily: Dropping the lane west of Lexington Avenue as a required turn movement will not address the traffic volumes along Yankee Doodle Road effectively. The study has identified the need to close the median at Discover Drive for the following reasons: • Accommodate transitioning the widening of Yankee Doodle Road to the east • Address current eastbound left turning traffic spilling back into the through lane • Provide enough storage area for future westbound vehicles turning to go south on Lexington Avenue. There have been two reported collisions at the Discovery Road/Golfview Drive intersection. While the intersection collision rate is below the average for this type of roadway, the spill back issue presents a safety concern today; traffic volume increases along Yankee Doodle Road only magnify the need to make these changes. It is the responsibility of the County to address the issues at Discovery Road and throughout the study. A recommendation to retain the existing opening, as "status quo" would be incompatible with study objectives A .„h ~ A' x.st:cnsumn' wane. r` ,/J~ .t. '+IJ! .~".?4 illvll flx._OYC. S Page 2 February 23, 2007 Mr. Gregory E. Korstad The study team recognizes the importance of accessibility to Yankee Doodle Road for the Discovery Road properties. The project management team met with property owners at open house and stakeholder meetings, which resulted in the development of a number of roadway connection concepts. Additional concepts were developed to address area concerns in an effort to provide internal circulation for this area while minimizing impacts. Each roadway concept being considered has been developed to scale in consideration of safety and connectivity issues. Balancing costs, property owner impacts, wetland impacts, and mobility needs are challenging in this area. Providing all movements to and from the Discovery Road area may not be the best alternative to address these competing objectives. While various alternatives for local road connections have been developed through the process, any new roadway would require local support and be cost feasible. The County and the City are jointly responsible for the cost of improvements along Yankee Doodle Road. The County will evaluate its cost participation for any new local roadway connections based on County transportation policy. This policy provides for the County's contribution up to 55 percent of the cost of city roadways in conjunction with access management improvements provided certain criteria is met. The City would be responsible for determining the cost to the area property owners beyond any funding contribution from the County. In our continued effort to look for options for the segment of Yankee Doodle Road that would address the Discovery Road property concerns, the County and City will be meeting with the Discovery Road property representatives at Don Stevens, Inc., 980 Discovery Road, Eagan to discuss concerns and ideas for road connection concepts on February 27, 2007, at 11 a.m. at the request of Jim Bensoff, the engineering consultant for Don Stevens, Inc. Respectfully, Kristi Sebastian, P.E., P.T.O.E. Traffic Engineer c.: ✓fim Plath, City of Eagan Russ Matthys, City of Eagan Al Meinke, Skyline Displays, Inc. o:\highway\traffi6studies and program submittals\cash Wskyline feb 07 letter.doc O(s'r-A`~' -Z ID 2 iii M ® WOMBS, INC. ~~B ~11 Iu/I1 Jf~ Y REFRIGERATION - FOOD SERVICE - LODGING - HVAC a ving O1pi[a>!it y L~ December 8, 2006 00 0O o Ms. Kristi Sebastian Traffic Engineer RECEIVED Dakota County Transportation Department 14955 Galaxie Avenue, 3d Floor Apple Valley, MN 55124 tAGAN Re: CSAH 28 Corridor Study Impact f=NGINEERING DERARTMIEN7 Dear Kristi; Per our conversation at the 3`d Open house yesterday, we would like to address our thoughts and concerns related to the current alternatives impacting our property at 980 Discovery Road. As the two co-owners of Don Stevens, Inc. and Discovery Road Partners, LLC (the building owner) we are committed to the area and are just completing as 9,000 square foot expansion project on the north end of our building. Our understanding is that M-2 is the preferred alternative at this point. Our belief is that M-3 would be more efficient and cost-effective. However, we would certainly work with the city and county based on the broadest view of needs and implications. Our conecrmns, regardless of the selected Altemative, include: 1. We feel strongly that there should be no assessments to our property based on these proposed access changes. 2. If any Don Stevens, Inc. property is encumbered by new construction, that we be fairly compensated for any transfer of land. 3. We need to preserve our ability to add expansion warehouse space on the east side of our property 4. We need to consider our proof of parking requirements if our land is utilized for one of the proposed solutions. Thank you in advance for your due consideration. Sincerely: J' ec Dave DeSutte Pr side Vice President Cc: Mr. Russ Matthys, PE Mr. Timothy Plath, PE, PTOE www.donstevens.com Eagan Office Iowa Office Minot Office 980 Discovery Road Interstate Business Park 620 20th Avenue S.W. Eagan, Minnesota 55121 4269 109th Street Minot, ND 58701 Phone: 651-452-0872 Urbandale, IA 50322 Phone: 701-838-9999 WATS: 800-444-2299 Phone: 515-270-6622 WATS: 800-481-1201 Fax: 651-452-4189 WATS: 800-383-2823 Fax: 701-838-7575 Fax: 515-270-4557 DON STEVENS, INC. n/~ °~J/`~`-"f REFRIGERATION • FOOD SERVICE • LODGING • HVAC ~eN(/Gl2Cp ✓lw ~wpit fitt Qo ✓-l"-1-4trN February 1, 2007 RECENED FEB 6 2007 Ms. Kristi Sebastian "A(aAN Traffic Engineer =~~GEf~€4s1~Fl~€~TMEN Dakota County Transportation Department 14955 Galaxie Avenue, 3rd Floor Apple Valley, MN 55124 Mr. Timothy Plath, PE, PTOE Transportation Engineer City of Eagan Department of Public Works 3830 Pilot Knob Road Eagan, MN 55122 Re: CSAH 28 Corridor Study Impact Dear Kristi and Tim; Per our meeting yesterday and at your request, we have documented below our questions and concerns related to the current alternatives impacting our property at 980 Discovery Road. As the two co-owners of Don Stevens, Inc. and Discovery Road Partners, LLC - the building owner - we are committed to the area as evidenced by our recently completed 9,000 square foot expansion project. This expansion brings our site to 46,000 feet with 30 employees, serving customers in MN, ND, SD, and western WI. Our understanding is that M-4 has now become an alternative. We have serious concerns about the impacts of a proposal that, in our view, significantly impairs both the current functionality of our property allowing us to transact daily business, and reduces the long- term value of the property. Eliminating unfettered access to our west side drive in and walk in doors is of critical concern, as is losing our parking on the west side of our property. For us to conduct our business, we must have left turn access from eastbound Yankee Doodle Road to our property. Fully 95% of our inbound product and 80% of our outbound product is handled by semi tractor/trailer rigs and large straight trucks. None of these trucks would be able to snake u-turns to access with a right hand turn from the east. www.donstevens.com Eagan Office Iowa Office Minot Office 980 Discovery Road Interstate Business Park 620 20th Avenue S.W. Eagan, Minnesota 55121 4269 109th Street Minot, ND 58701 Phone: 651-452-0872 Urbandale, IA 50322 '70 Phone: 701 838 9999 WATS: 800-444-2299 Phone: 515-270-6622 WATS: 800-481-1201 Fax: 651-452-4189 WATS: 800-383-2823 Fax: 701-838-7575 Fax: 515-270-4557 Our specific concerns regarding Alternative M-4 include: 1. The anticipated concentration of traffic at the north end of our property from the multiple tenants in our area, will, very likely, result in safety concerns. The 7:45 to 8:15 a.m. and 2:30 to 3:00 p.m. timeframes are of special concern with school activity, employee activity, and truck traffic. 2. Don Stevens receives product each morning from numerous vendors. In addition, we do not own our own delivery fleet. Thus we have many LTL carriers picking up pallets of product between 1:00 and 3:30 each day at our loading docks. The impact of ten to twenty semi tracter/53 foot trailer rigs at our dock doors each day and the turnaround space required must be closely assessed: 3. By repositioning our employee access and parking on the north and east end of our property, a dramatic increase in traffic and congestion at the cul-de-sac will result from a combination of employee vehicles, customer vans, straight trucks, pickup/trailer combinations, and semi trailer traffic. 4. Our current operations provide customers with will call parking and product loading at our west side drive up garage door. Each day, we serve between 15 and 30 customers at this door with product that is loaded with our fork trucks. 5. Our parts receipts and shipments are served by UPS, Fed Ex and Speedee trucks each day that utilize our West side door for drop off and pick up. From a comprehensive perspective, we feel strongly that there should be no assessments to our property based on any proposed access changes. We fail to see any enhancement or improvement to our property based on these proposed changes. Quite the contrary, we see great harm to our business. Other concerns that we identified in our-December 8, 2006 letter included: 1. If any Don Stevens, Inc. property is encumbered by new construction, that we be fairly compensated for any transfer of land. 2. We need to preserve our ability to add expansion warehouse space on the east side of our property 3. We need to consider our proof of parking requirements if our land is utilized for one of the proposed solutions. Thank you for your due consideration. Sincerely: Jim echrnaiui Dave DeSutter Pre dent c.~ Vice President ~6 MOO 2Qii C O U N T Y RECEIVED FEB 2 6 2007 7hysical Development Division February 22, 2007 ENGINEERINEAGAN G DEPARTMENT Gregory J. Konat• Director Dakota County Western Service Center 14955 Galaxie Avenue Mr. Jim Zechmann Mr. Dave Desutter Apple Valley, MN 55124-8579 President Vice President Don Stevens, Inc. Don Stevens, Inc. 952.891.7000 980 Discovery Road 980 Discovery Road Fax 952.891.7031 Eagan, MN 55121 Eagan, MN 55121 www.dakotacounty.us Environmental Mgmt. Department Dear Jim and Dave: Farmland & Natural Areas Program Office of GIS I am writing as a follow-up to issues and questions that you posed when Tim Plath Parks Department and I met with you on Wednesday, January 31, 2007, and from your February 1, Office of Planning Surveyor's Office 2007, letter. Transit Office Transportation Department The study has identified the need to close the median at Discover Drive to: Water Resources Office . Accommodate transitioning the widening of Yankee Doodle Road to the east • Address current eastbound left-turning traffic spilling back into the through lane • Provide enough storage area for future westbound vehicles turning to go south on Lexington Avenue. The project management team had worked to develop a number of roadway connection concepts in an attempt to provide internal circulation for the properties along Discovery Road based on input at the open house and stakeholder meetings. Your letter states that your business must have access from the west along Yankee Doodle Road to your property. The "M-4" alignment you reference in your letter is a roadway with a one-way connection that would provide traffic direct access from the east and west to properties along Discovery Road. We have reviewed this concept with regard to your operation and safety concerns: • The connection does accommodate semis along the road and provides for this traffic to back-up into the loading area in a safe manner without utilizing the cul-de-sac for the back-up movements. • The concept could provide for a driveway along the one-way road near Yankee Doodle Road to run parallel to the M-4 roadway to allow non-semi traffic to turn directly into the front parking area or side isle. • The side isle would be approximately 20 feet wide and could accommodate parallel parking to accommodate traffic to the HVAC "will call" area on the west side of the building. The concept, as currently developed, would not accommodate pickup trailer or delivery trucks backing up into the building from the west side. • The study process includes traffic counts for the peak times for school activity; this alternative does provide adequate turn lanes to accommodate the peak traffic times in a safe manner. iiM^I.ul~..4r...a`wa.lt•. A.W Clr.t Mrrrlirlrl}I•nlr Page 2 February 22 2007 Mr. Jim Zechmann and Mr. Dave DeSutter While various alternatives for local road connections have been developed through the process, any new roadway connections to Don Stevens and the other properties in this area would require local support and be cost feasible. The County and the City are jointly responsible for the cost of improvements along Yankee Doodle Road. Depending upon the results of our analysis and the affected property owners' interest in developing roadway connections, the County will evaluate its cost participation for any new local roadway connections based on County transportation policy. This policy provides for the County's contribution up to 55 percent of the cost of city roadways in conjunction with access management improvements provided certain criteria is met. The City would be responsible for determining the cost to the businesses and school beyond any funding contribution from the County. City staff and I look forward meeting with you and the other Discovery Road property representatives on February 27, 2007, at 11:00 a.m. at the request and confirmed by Jim Bensoof, your engineering consultant. We can discuss the concept and any additional information you have to share at this meeting. Respectfully, Kristi Sebastian, P.E., P.T.O.E. Traffic Engineer c.: imothy Plath, City of Eagan Russ Matthys, City of Eagan 73 ~vlit~ 2o~ii February 27, 2007 Mr. Jim Zechmann Mr. Dave DeSutter President Vice-President Don Stevens, Inc. Don Stevens, Inc. 980 Discovery Road 980 Discovery Road Eagan, MN 55121 Eagan, MN 55121 Re: Yankee Doodle Road (CSAH 28) Corridor Study City of Eagan Project 06-RAS-2 Dear Jim and Dave: Thanks for your letter, dated February 1, 2007, identifying concerns that Don Stevens, Inc. has with proposed sub-alternatives for the Middle Segment of the Yankee Doodle Road Corridor Study. The County has provided a response to several of the concerns identified in your letter. Following are the City's responses to the specific concerns raised regarding special assessments to your property for the construction of any local roadway connection and preserving your ability for future building expansion. Over the course of the study, there have been numerous conversations and meetings with representatives of the properties that have direct access to Discovery Road. Several sub-alternatives have been prepared, based on these conversations, which provide for improved access to the Yankee Doodle Road corridor via new local roadways. The new local roadways were shown in various locations and alignments in response to the feedback received from the adjacent property owners. Given the existing land use, topography and environmental constraints in the area, construction of a new local roadway with no impacts to these interests has proven to be impossible. Each sub-alternative involving the construction of a new local roadway connection has been opposed by the directly impacted property owner(s). Therefore, the final preferred alternative for this segment of Yankee Doodle Road does not include the construction of any new local roadway connections. The County and City are open to continuing discussions on the construction of new local roadway connections with the hope that the adjacent properties can reach a consensus on a location that best addresses the collective issues facing the group. If there is consensus among the adjacent properties and a desire to construct a specific roadway connection, the interested parties should submit a petition for public improvements to the City. This will allow for the completion of a feasibility report which would identify the scope, method of financing and schedule for constructing the requested improvements. 7 Mr. Jim Zechmann Mr. Dave DeSutter February 27, 2007 Page 2 The County has indicated in their letter, dated February 22, 2007, that a new local roadway connection may be eligible for County participation in amount up to 55% of the total construction cost. Further analysis by the County is required to determine the exact level at which it will participate in the funding of construction. The balance of the construction costs will be the responsibility of the City of Eagan. According to the City's Special Assessment Policy, the cost to construct new facilities which provide benefit to adjacent properties must be assessed to the benefiting property in an amount that equals 100% of the construction costs or the amount that the property benefits by construction of the new facility whichever is less. The construction of any new local roadway connection would provide benefit to the properties with direct access to Discovery Road. Therefore, the costs to construct any roadway connection would be assessed to the benefiting properties. Detailed plans for future expansion of the Don Stevens office/warehouse facility have not been provided in our meetings to date. However, past conversations have indicated that preliminary concepts for expansion include the addition of warehouse and/or office space on the east side of the existing building. This area currently serves as proof of parking for the current building and recent expansion. Additionally, there is limited area on the site to provide additional parking spaces that would be generated by an expansion of the existing building. Regardless of the placement of a new roadway connection, any future building expansion should be reviewed with City planning staff early in the addition process. Thanks again for your ongoing participation in the Yankee Doodle Road (CSAH 28) Corridor Study. Please contact me at 651-675-5643 if you have any further questions or require additional information. Sincerely, Tim Plath, P.E., P.T.O.E. Transportation Engineer cc: Kristi Sebastian, Dakota County Traffic Engineer Russ Matthys, City Engineer GATim PlathV07\Letters\donstevens022707.doc 75 Za;t DON STEVENS, INC. ~S'e,~vi,2~/2e.a~p~taft~ ~,Z~~jt~~ REFRIGERATION • FOOD SERVICE • LODGING • HVAC March 14, 2007 Mayor Mike Maguire 3 Pilot Knob Road Eagan, MN, 55122 Dear Mayor Maguire; As the two owners of Don Stevens, Inc. v,Je thank you for your time and consideration regarding a portion of the proposed Yankee Doodle Corridor Study Recommendations to be addressed at the Eagan City Council meeting Tuesday March 20th. Specifically, we oppose the one portion of the findings that proposes to close the left turn access from Yankee Doodle Road to Discovery Road. We have included a brief executive overview and certain correspondence for your information We, along with Mr. Jim Benshoof, a traffic engineer from Wenck Associates, Inc. will be attending the Tuesday meeting. We look forward to discussing our concerns and findings and your questions at that time. Sincerely: I it- J' Zecljmain Dave DeSutter www.donstevens.com Iowa Office Minot Office Eagan Office 980 Discovery Road Interstate Business Park 620 20th Avenue S.W. 4269 109th Street Minot, ND 58701 Eagan, Minnesota 55121 Urbandale, [A 50322 Phone: 701-838-9999 Phone: 651-452-0872 Phone: 515 270-6622 WATS: 800-481-1201 WATS: 800-444-2299 WATS: 800-383-2823 Fax: 701-838-7575 Gav R51-452-4189 Paae 1 CSAH 28 Corridor Study Impact on Discovery- Road Properties Status Update - March 7, 2007 Property Owners: Skyline Design Faithful Shepherd Catholic School Don Stevens, Inc. First Industrial Realty The issue at hand is the proposed closing of the left hand turn access from eastbound Yankee Doodle Road (YDR) to northbound Discovery Road. Loss of this access would severely impact the ability to do business in the area. The four property owners strongly prefer to retain left tam access. Eliminating the left turn from southbound Discovery Road to eastbound Yankee Doodle Road is fine. While passenger vehicles would be able to access Discovery Road by proceeding further east on YDR and making U-turns back to westbound YDR and then making a right turn into Discovery Road, medium and large duty trucks, and tractor trailers would clearly be precluded from this option. This commercial traffic, critical to Don Stevens viability, would be required to make a detour of over two miles, with one traffic light, three stop signs, and six turns, resulting in a very cumbersome solution. Truck traffic to Don Stevens alone represents 15 to 30 deliveries and shipments per day. In fact, the City of Eagan approved a 9,000 foot addition to the Don Stevens property in October 2006. Don Stevens undertook this additional $650,000 investment in the community and completed the project in January 2007. With this addition, the taxable value of the property will increase accordingly. Over the past ten years, Don Stevens has been a very good corporate citizen, paying all taxes and other costs in a very timely manner. Loss of convenient truck access severely diminishes the viability and property value of both the original structure and the new addition. Throughout the past six months, City and County staff have worked closely with our group to attempt to offset the damaging effects of closing our Discovery Road access. A number of alternatives have been proposed to the property owners. For numerous reasons, including significant proposed costs and assessments, impacts on existing wetlands, and impacts on the existing use of property, none of these alternatives provides a satisfactory solution. -77 Page 2 Both Don Stevens and Faithful Shepherd have engaged traffic consultants to review the situation. Please see the attached summary of finding from Don Stevens' consultant, Jim Benshoof of Wenck Associates. These fmdings were discussed at a meeting on February 27, 2007 with representatives from the City, County, and all four property owners present. The report and discussion centered on the viability of retaining / access at Discovery Road. To address one primary current concern, Faithful Shepherd has stated they are fully committed to rearranging their morning student drop off procedures. By directing most of the School's morning traffic to Columbia, no problem would occur regarding the queue of vehicles fuming left from eastbound YDR to northbound Discovery Road. We believe that retaining 3/4 access is both supportable and extremely cost effective. A primary outcome of the 2/27/07 meeting in that County staff were going to request follow-through by their consultants, the SRF firm, to perform additional review and analysis focused specifically on the Discovery Road 3/4 access option based on the School's change in procedures and other factors. This review and further discussions are currently in process. MAR. 16. 2007 9: 51 AM DON STEVENS I NC N0. 0038 P. 2 jV(I D Z0- i i DON STEVENS, INC. Servin _71MAwritalitV wir" WRIGERAYIDN - FOOD SERACE 6 LODGING NVAG Q March 16, 2007 Ms. Kristi Sebastian, PE.,P.T.0-R. Traffic Engineer Dakota County 14955 Galaxie Avenue, 3rd Floor Apple Valley, MN 55124 RE; Yankee Doodle Corridor Study Dear Kristi; Thank you for your continued assistance in our group's quest to find a suitable outcome to the Discovery Road access issue. We would like to suggest as a next step that a formal review and analysis of the Yankee Doodle Road segment from Lexington Avenue to Discovery Road be undertaken. We believe that the results of this analysis could yield information to assist all parties iu arriving at a mutually acceptable outcome. Simultaneously, we would like to review the segment of Yankee Doodle Road from Yankee Place to Promenade Avenue to compare and contrast the relative activity between the two segments. We would suggest that a small work group consisting solely of consultants from SRF Consulting and Mr. Jim Eenshoof from Wenck Associates participate in the meetings and analysis. Representatives of the respective businesses, city and county personnel would not participate in the detailed analysis work. This initiative could be undertaken as early as Tuesday of next week and believe it could be completed in no more than ten business days. We look forward to your response. Sincerely: David DeSutter Cc: Mr- Russ Manhys, PE www.donstevens.com Eagan Office Iowa office Minot Offfve 980 Discovery Road Interstate Business Park 620 20th Avenue S-'A Eagan, Mlnn®sota 55121 4269109th Street Minot, KID 5871,11 Phone: 651-452-0872 Urbandale, IA $0322 Phone: 701-836-9999 WATS: 800-444-2299 Phone_ 515-270-6622 WATS: 800-461-7201 Pax: 651.452-4189 WATS:800-383-2823 7 Fax: 701 -S38-7575 Fax 515-270-4557 N11 I~ 2 6, Russ Matthys From: Sebastian, Kristi [Kristi.Sebastian @CO.DAKOTA. MN.US] Sent: Tuesday, February 13, 2007 1:28 PM To: Brian Howard; David Meyer (E-mail); Mike Spack Cc: Sorenson, Brian; Pat Corkle (E-mail); Frank Loetterle (E-mail); Russ Matthys; Tom Colbert Subject: RE: Yankee Doodle Road Study Meeting with representatives from Faithful Shepherd Catholic School to discuss study issues Good Afternoon Brian and David, I am writing to summarize our meeting on January 29, 2006 and provide an update regarding the study. Meeting Attendees: Kristi Sebastian (Dakota County) and Pat Corkle (SRF consultant for the study), Brian Howard and David Meyer from FSCS and Mike Spack from TDI (traffic engineering consultant for FSCS). Background: We briefly discussed the reason for the study and study objectives. The study is addressing corridor issues for safety and additional growth on Yankee Doodle; local roads patterns need to work with the highway as a system. Discussion focused on the middle segment issues including that the study team determined that the median at Discovery Road needed to close based on existing and future safety and operation needs. To address the closer, various.connection roadways have been developed by SRF for discussion and assessment. We went through each of these at the meeting including a road connection that would provide for a left and rights in at a new connection on the west side of the Don Steven's property. Another alternative discussed, in consideration of system needs and business/school comments is closing the median at Discovery leaving the operation as a right in/out configuration with no other roadway connections as the "base line" condition for assessment. Pat provided traffic volume data collected by SRF and Dakota County to aid TDI in their assessment of the school operation with respect to Yankee Doodle road alternatives. The group discussed that based on the currently school traffic is the main traffic on Columbia with peaks in the morning and afternoon. The group concurred that it is likely that the need for increased traffic control (traffic signal) would be driven by further development on the north or south side of Columbia. With a signal or side road stop, it is important that the school traffic be managed in a way that can facilitate traffic at Columbia and Discovery/new roadway as to not cause queuing onto Yankee Doodle or restrict traffic from turning onto the side roads. Discussion of traffic study for FSCS: Based on review and discussion of the various alternatives and need to understand the operation (issues/recommendations) for school pick up and drop off times to function with the various possible Yankee Doodle Road plans, the study would assess two scenarios: a) Median closed at Discovery with no further roadway connections and full access at Columbia Drive. b) One-way roadway on the west side of Don Stevens (allowing left turns in at two locations for FSCS) and full access at Columbia Drive. Yankee Doodle Study Time Line: The project team will meet this week to discuss the input we have heard at the various business and school meeting that took place since the Open House in preparation for upcoming meetings. Currently, the plan is to present the study to the City and County as follows: City Council on March 6, 2007, Physical Development Committee on March 13, 2007, and County Board on March 20, 2007. 1 I look forward to hearing any further comments and receiving information regarding your internal traffic study findings as we proceed to prepare for the upcoming meetings. Thank you, Kristi Sebastian, PE, PTOE Dakota County Traffic Engineer kristi.sebastian@co.dakota.mn.us (952) 891-7178 2 Page 1 of 1 Russ Matthys From: Brian Howard [brian@hoffmandevelopment.com) Sent: Tuesday, March 06, 2007 3:14 PM To: 'Sebastian, Kristi'; 'Sorenson, Brian'; 'Pat Corkle (E-mail)'; 'Frank Loetterle (E-mail)'; Russ Matthys; Tom Colbert Cc: 'David Meyer' Subject: RE: Yankee Doodle Road Study Ladies and Gentlemen: Thank you for your continued efforts to address our school's concerns and the concerns of our neighbors. We have appreciated your diligent efforts to address our concerns of 1) not severing our property with a frontage road, 2) minimize the costs incurred by the property owners and 3) to achieve a solution that works for all of our neighbors. Based on your direction we retained a Traffic Engineer consultant to provide an internal traffic study. You should have a copy of their report which addressed only the school's operation. We would like to reiterate our commitment to adjust our internal school traffic operations to Columbia to support the'/. access option at Discovery Road to allow left turns from east bound Yankee Doodle Road. We strongly desire to help satisfy our neighbor, Don Steven's, concerns to continue as a viable business by allowing for traffic flow of their trucks. While the U-Turn option does accommodate our school's traffic needs we would like to support the access option to assure the needs of a fellow Eagan business. Thank you, Brian Yfoward Board of Directors Chair Faithful Shepherd Catholic School 02 1/14/7_f107 S GL -c 2. UPHER J A sT MUM RECEIVED C O R P O R A T 1 0 N FEB 2 0 2007, EAG ENGINEERING DEPARTMENT February 19, 2007 Russ Matthys, P.E. City Engineer Department of Public Works City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: YDR Corridor Study East Segment Dear Russ, Thanks again for meeting us recently to examine the Borchert Lane alternative and explore other options to address the significant concerns Gopher has regarding access to our campus after the combined impacts of the Highway 149 upgrade and the Yankee Doodle Road (YDR) Corridor study recommendations. As you know, the Highway 149 upgrades will reduce the access to our campus at our private road, which services Resource Plastics and the Dakota County Eco-Site, to right in, right out. Our only other access point is the main entrance off of YDR The YDR Corridor Study calls for this entrance point to be reduced similarly to a right in, right out. That leaves our entire 36.5 acre campus, on the north side of YDR, with all its 24/7 activity with no left turn capability. On the south side of YDR, the city council approved the final plat for the Lo Nidy Business Park which provided full access to YDR before it received the YDR Corridor Study. This site has the potential to be a beautiful entrance into Eagan from IGH. We are excited for its prospects, however, those prospects are now being hurt by the Corridor Study's recommendation to reduce this entrance to right in, right out only. Options We have explored the options available, some proposed by city/county engineers and some by us. For the north side of YDR, they include: 3385 SOUTH HWY. 149 • EAGAN, MINNESOTA 55121 • 651.454.3310 - FAX 651.454.7926 - 600.354.7451 The connection of an access road from our campus to the proposed Borchert Lane extension along the west side of the Thresher Park soccer fields; the same concept of a connection to Borchert Lane except on the east side of the soccer fields; the construction of a private road from the proposed Elrene Road stoplight intersection north and east through the existing RES Landscape Center to connect to our main campus; a 3/4 style intersection at the existing main entrance; and, lastly, leaving the main entrance open. For the south side of YDR, the options include: A connection to Thomson West's proposed new private road from the existing easement point of our two properties; a 3/4 style intersection; and, leaving the current full access open. Analysis Our analysis of the options on the north side of YDR is as follows: The connection of an access road to Borchert Lane either on the west side or east side of the Thresher Park soccer fields, in our judgment, will not work because of safety concerns which will inevitably be raised because of the proximity of children to 80,000 pound tractor-trailers. In addition, when we look at the proposed future expansion of our Resource Plastics business it will be to the west directly into the path of the proposed access road on the west side of the soccer fields. City engineers have looked at a proposed access road on the east side of the soccer fields and have concluded that the grade change is too steep to feasibly work. The construction of a private road starting from the Elrene Road intersection, through the existing RES Landscape Center to an access point on the main campus, in our judgment, is not feasible. It would force an expensive solution, of a permanent nature, involving 25 acres unrelated to the access points (the main entrance on YDR and the private road servicing the entrance to Resource Plastics and the Dakota County Eco-Site) involved in either the YDR Corridor Study or the Highway 149 upgrade. The city/county engineers have indicated that this option would be at our expense. We are, therefore, being asked to predict the future site plan for the commercial development of those 25 acres to solve an access issue that we didn't create and at our expense. We don't think that's a fair solution. A % style intersection at the main entrance was not proposed by the city/county engineers. We think it has merit and should be part of the solution. This type of intersection would allow left turns in from eastbound YDR but only right turns out. Similarly, it would allow left turns into the Lo Nidy Commons development from westbound YDR but only right turns out. This will allow the large volume of common carrier movements eastbound from the 35E/YDR interchange access to our campus on the north side of YDR by making a left hand turn. By the same token, westbound YDR traffic will be able to make a left turn into the Lo Nidy Commons development. Our analysis of the options on the south side of YDR is as follows: If full access is reduced to right in, right out at the entrance to the Lo Nidy Commons on YDR, the first option is to connect to Thomson West's private road at the permanent easement point on the south side of the property. Thomson West has announced a major expansion on their campus. The expansion will include the construction of another major entrance point at Elrene Road. We have asked Thomson West about connecting our Lo Nidy Business Commons development to the proposed new private road Thomson West will build to Elrene Road. This would give our tenants in the development a means to get back to YDR for westbound movement. They said no. We are concerned about the development potential, that we have such high hopes for, being damaged with a reduction in access to right in, right out from its existing full access. Conclusion We believe the Elrene Road stoplight intersection, a new Elrene Road access point to Thomson West and a Thomson West assurance that they will no longer need the YDR access that the permanent easement across the Lo Nidy Commons development afforded them will go a long way towards alleviating the concerns of the city/county engineers of the safety of the full access servicing the Lo Nidy Commons and Gopher main entrances on YDR. We have been assured by county engineers that full access to YDR from both the north and south sides of YDR would remain open as long as safety was maintained. We believe the Elrene Road stoplight intersection will afford more than sufficient natural breaks for left hand turning movements from both main entrances afforded by the full access at YDR. Lastly, we believe that when that day comes that the full access at YDR needs to be closed for safety reasons that a guaranteed % style intersection is the best solution in its place. It would afford controlled left hand turns into both properties on the north and south sides of YDR and would be a fair compromise for all involved. We know this has been a difficult task for staff. We believe our conclusion is the best solution on the east end of YDR. Best regards, ohn Tapper Chief Operating Officer Gopher Resource Corporation Physical Development Committee of the Whole Dakota County March 13, 2007 Meeting Summary prepared by Russ Matthys, City of Eagan Presentation of County Project 28-30 Yankee Doodle Corridor Study Recommendations Attendance: All County Commissioners; Mark Krebsbach, Dakota County Engineer; Kristi Sebastian, Dakota County Traffic Engineer; Russ Matthys, City Engineer; Representatives of the following companies/properties: Blue Cross Blue Shield (3), Don Stevens (3), Skyline Displays (2), Thomson (2), Faithful Shepherd Catholic School (1), Promenade Oaks (1) County staff presented the purpose of the study and a summary of the recommendations of the Project Management Team. The following summarizes comments/questions stated by the commissioners and those in attendance: West Segment (I-35E to Lexington Ave.) (Alt. 3W) Will the County participate in the funding of off-system improvements such as the Promenade Avenue extension through the Blue Cross Blue Shield (BCBS) property? (Comm. Egan) County policy would allow for funding based upon the related benefit to the County highway. (Sebastian) The proposed Promenade AveBCBS road would add a third street connection to Yankee Doodle Road in less than one half mile. This would provide too many connections to this busy highway. O'Leary Lane should be closed off from Yankee Doodle Road. (Comms. Harris, Schouweiler & Turner) All of the intersections that remain connected to Yankee Doodle Road should have right- turn lanes constructed as part of the improvements. (Comm. Turner) Is BCBS okay with the proposed public street on their property? (Comm. Egan) BCBS would like more detailed information on impacts to future site development, parking, assessments, etc. before committing to the public street, but we are willing to work with the County/City. (Kleppe - BCBS) County is ready to begin working on preliminary design to facilitate continued discussions. (Sebastian) More discussions need to occur with business/property owners to address their concerns/needs. (Comets. Egan, Schouweiler, & Turner) County and city staff have had more than a dozen individual meetings with the businesses represented here today, as well as others. (Sebastian) I would like to participate in meetings with businesses. (Comm. Egan) Middle Segment (Lexington Ave. to Mike Collins Drive) (Alt. M1 Modified) Will the County participate in the funding of off-system improvements such as a connection to Discovery Road for Don Stevens? (Comm. Egan) County policy would allow for funding based upon the related benefit to the County highway. Don Stevens is concerned about the loss of eastbound left-turn access to Discovery Road SJo for large semi-trucks. Added miles (2) and time (5-10 minutes) for delivery trucks to exit I-35E and get to Discovery Road by a westbound right-turn from Yankee Doodle Road. Also concerned about loss of customers in highly competitive market. Don Stevens' traffic engineer states that eastbound left-turn access to Discovery Road could remain open without future safety impacts on Yankee Doodle Road. (Don Stevens) Current morning traffic conditions are visibly unsafe for the eastbound left-turn access to Discovery Road. Additional volumes on Yankee Doodle Road will only increase the potential for safety issues. (Sebastian) The added time and mileage for the truckers is significant. Improvements need to address this concern. (Comm. Egan) The added miles and time are almost inconsequential to the entire], 000 mile plus trips that Don Stevens has stated the semi- trucks travel to deliver supplies. (Krebsbach) The County allowed a left-turn access/median break to a private driveway for Rupp on the County Road 42 improvements. (Comm. Turner) I am not comfortable with the proposed U-turn on this busy of a highway. (Comms. Egan, Schouweiler & Turner) Skyline Displays is very concerned about the loss of eastbound left-turn access to Discovery Road since this is the route they typically direct visitors to their corporation. Staff and deliveries can continue to take access to the site from Neil Armstrong Boulevard and Lexington Avenue. (Skyline Displays) Site would still have access to full access traffic signal on Lexington Avenue, a County highway. (Comm. Harris) East Segment (Mike Collins Drive to HM 149) (Alt. E2 Revised) Recent discussions with the County Administrator have indicated that the improvements at the intersection of Elrene Road and Yankee Doodle Road, as well as Elrene Road improvements, could be partially funded by the County for the benefit of Thomson. (Comm. Egan) Would Borchert Lane extension to TH 149 impact existing buildings? (Comm. Schouweiler) Street improvements could be completed to existing Chapel Lane intersection without building removal, but would require right-of-way acquisitions and variances. (Matthys) 87 Agenda Information Memo March 20, 2007 Eagan City Council Meeting VII. NEW BUSINESS A. PRELIMINARY SUBDIVISION BLUE RIDGE 7TH ADDITION), FINAL PLANNED DEVELOPMENT (LOT 1, BLOCK 1) - CSM CORPORATION ACTION TO BE CONSIDERED: To approve a Preliminary Subdivision (Blue Ridge 7th Addition) to create two lots upon approximately 12.88 acres located on 2975 Lone Oak Drive, legally described as Lot 2, Block 1, Blue Ridge 6th Addition, in the SW 1/4 of Section 1, subject to the conditions listed in the APC minutes. To approve a Final Planned Development for a 38,335 sq. ft. office/warehouse building upon 5.78 acres (Lot 1, Block 1, Blue Ridge 7th Addition), in the SW'/4 of Section 1. To approve Release of the building permit prior to final plat approval. REQUIRED VOTE FOR APPROVAL: Majority of councilmembers present. 60 AND 120 DAY STATUS: Deadlines are April 2, 2007 and May 31, 2007 FACTS: ➢ The proposed subdivision will create two separate lots for the existing building and the vacant portion of the property. ➢ Site preparation including tree removal, grading, storm drainage and ponding were accomplished in 2003 with initial development on the adjacent lot to the north. ➢ The Dakota County Plat Commission has recommended additional dedication of right-of-way for Lone Oak Road which will be shown on the final plat. ➢ The Advisory Planning Commission held a public hearing on February 27, 2007, and recommended approval of the Preliminary Subdivision, subject to the conditions in the APC minutes. ➢ Final Subdivision approval is not anticipated before June, but due to the prospective tenant's timeline, CSM is requesting to begin construction prior to completion of the final subdivision. ➢ The development plans have been reviewed and are consistent with the prior Planned Development Agreements which anticipated this as future development. ➢ A Final PD Agreement will be executed before release of the building permit and the Final Plat will be recorded before issuance of the Certificate of Occupancy. ATTACHMENTS (3): February 27, 2007, Draft APC Minutes, pages Staff report, pages 90 through ID6 Letter from CSM regarding building permit, page ] 0-1 Advisory Planning Commission Minutes February 27, 2007 Page 10 of 11 E. Blue Ridge Seventh Addition Applicant Name:CSM Properties Location: Lone Oak Drive; Lot 2, Block 1, Blue Ridge Sixth Addition Application: Preliminary Subdivision A Preliminary Subdivision of approximately 9.80 acres to create 2 lots for office warehouse building. File Number: 01-PS-01-01-07 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated February 21, 2007. She noted the background and history. Chair Hansen opened the public hearing. There being no public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. Member Keeley moved, Member Chavez seconded a motion to recommend approval of a Preliminary Subdivision to create two lots on 12.88 acres, Lot 2 Block 1, Blue Ridge 6th Addition located on Lone Oak Drive in the SW'/< of Section 1 subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2,1993: Al, B1, B3, B4, C1, C2, C4, D1, E1 2. The property shall be platted. 3. Cross easements for ingress/egress shall be provided prior to final subdivision approval. A vote was taken. All voted in favor. Motion carried: 7-0. VI. VISITORS TO BE HEARD (FOR THOSE NOT ON AGENDA) There were no visitors to be heard for items not on the agenda. VII. OTHER BUSINESS City Planner Ridley stated a Planning Commission Workshop would be held on Thursday, March 8, 2007, at 5:30 p.m. VIII. ADJOURNMENT Member Heaney moved, Member Keeley seconded a motion to adjourn the Advisory Planning Commission meeting at 7:35 p.m. A vote was taken. All voted in favor. Motion carried 7-0. Respectfully Submitted by: 60 C" I PLANNING REPORT CITY OF EAGAN REPORT DATE: February 21, 2007 CASE: 01-PS-01-01-07 APPLICANT: CSM Corporation HEARING DATE: February 27, 2007 PROPERTY OWNER: CSM Corporation APPLICATION DATE: January 17, 2007 REQUEST: Preliminary Subdivision PREPARED BY: Pamela Dudziak LOCATION: 2965 and 2975 Lone Oak Drive COMPREHENSIVE PLAN: SA, Special Area ZONING: PD, Planned Development SUMMARY OF REQUEST CSM Corporation is requesting approval of a Preliminary Subdivision to create two lots on 12.88 acres, located at 2965 and 2975 Lone Oak Drive in the SW'/4 of Section 1. AUTHORITY FOR REVIEW 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: 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. 90 Planning Report - Blue Ridge 7'~ Addn. (CSM Properties.) February 27, 2007 Page 2 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. 1. 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." BACKGROUND/HISTORY This site was initially platted in 2003 as part of a single parcel. A 45,000 sq. ft. building was constructed on the northwest portion of the property and the development plans for that initial building encompassed the entire 20.4-acre site and identified a total of three buildings, Waters Business Center Phases V, VI and VII. In 2004, CSM subdivided the site into two parcels and constructed the second of the three buildings on the southern portion of the subject site (Waters VI). The developer is now proposing to subdivide that parcel into two lots for construction of the third building (Waters VII). Planning Report - Blue Ridge 7 b Addn. (CSM Properties.) February 27, 2007 Page 3 EXISTING CONDITIONS The property is guided SA, Special Area and is designated for office use in the Special Area Plan that includes this property. The property is currently zoned PD, Planned Development, and is generally considered similar to the BP, Business Park, zoning district. The central portion of the site contains a substantial wetland area. A 46,500 sq. ft. building has been constructed on the southern portion of the property. The entire site was graded and prepared for development with the initial phase of construction in 2003. Accordingly, storm and water quality ponding, as well as tree preservation and mitigation, encompassed the entire 20.4 acre site with the initial phase. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Vacant PD, Planned SA, Special Area (O/S, Development Office/Service) South Residential (rural) A, Agriculture SA, Special Area (NB, Neighborhood Business East Office (Ecolab) PD, Planned SA, Special Area (O/S, Development Office/Service) West Vacant and Office A, Agriculture and PD, SA, Special Area (RC, Planned Development Retail Commercial & BP, Business Park EVALUATION OF REQUEST Compatibility with Surrounding Area - The subdivision of the land would separate the vacant portion of the site from the portion containing the existing building. The proposed lots are of sufficient size to accommodate setbacks and yard requirements for the existing building, and to allow development on the vacant portion. The proposal is in keeping with the development plan anticipated since 2003. There are no changes proposed to the comprehensive guide plan or zoning of the property. Airport Noise Considerations - The City of Eagan considers airport noise as a factor in its Comprehensive Land Use Guide Plan. Aviation is considered a regional system and is included in the Metropolitan Council's 2030 regional Transportation Policy Plan. As part of this plan, the 1996 Aviation Policy Plan remains in effect and will continue to anticipate the impacts from the operations of the MSP International airport at its current location. As an appendix to its 2030 Transportation Policy Plan, the Metropolitan Council has adopted new land use compatibility /2- Planning Report - Blue Ridge 76' Addn. (CSM Properties.) February 27, 2007 Page 4 guidelines which incorporate the FAR Part 150 2007 noise contours and noise exposure map for MSP International Airport. A refinement of these guidelines may be found in the March 2006 Metropolitan Council's Builder's Guide, including additional land use compatibility and noise attenuation within the applied Noise Buffer Zone. The noise policy contours in Eagan place the subject property within Noise Zone 4. Office and office/showroom development is considered to be consistent with Noise Policy Zone 4. Lots and Density - Lot 1 is proposed to be 5.78 acres in area and consists of the vacant portion of the property. Lot 2 is proposed to be 7.09 acres in area and contains an existing 46,500 sq. ft. office/warehouse building. Landscaping - A landscape plan was submitted with the Final Planned Development application. Review and approval of the landscape plan will be included in the Final Planned Development process. Gradin - The preliminary grading plan is acceptable. Lot 1 was graded with previous development of Lot 2, is mostly open, and generally slopes to the southwest. Storm Drainage - The preliminary storm drainage plan is acceptable. Private storm sewer will drain storm water runoff from the development to an existing public storm sewer along the west edge of the site and discharge to a water quality pond northwest of the site. This water quality pond flows to Pond CP-7 (as designated in the City Storm Water Management Plan - 2006), an existing wetland pond. Utilities - The preliminary utility plan is acceptable. Sanitary sewer and water main services of sufficient size, depth and capacity are available within Lone Oak Drive to the east for use by the proposed development of Lot 1. Lot 2 is connected to City sewer and water service. Streets/ Access/ Circulation - Public street access is available for both lots from an existing entrance onto Lone Oak Drive to the east. Easements/ Permits/ Right-of-Way - The proposed plat is adjacent to Lone Oak Road (County Road 26) and will be subject to review and approval by the Dakota County Plat Commission for right-of-way and access review. Cross easements for ingress/egress should be provided prior to final subdivision approval. Financial Obligations - The installation of a bituminous trail was recently completed along the west side of Lone Oak Drive, adjacent to this property, as approved by the City Council under City Project No. 922, and in accordance with the City's 5-Year Capital Improvement Plan (CIP). Under this project, a special assessment is proposed to this property. The property owner has signed a waiver of objection to special assessment for City Project 922. 93 Planning Report - Blue Ridge 7"' Addn. (CSM Properties.) February 27, 2007 Page 5 Based upon a study by City staff of the financial obligations collected in the past and proposed use for the property, no additional utility charges will be collected at time of final subdivision or connection to the City's utility system. Wetlands/Water Quality - No impacts to the existing wetland are proposed. Tree Preservation - A Tree Preservation and Mitigation Plan was submitted in 2003 with the building permit for Waters V. That plan was reviewed and approved by the City Forester. The plan allocates the required replacement trees over the three phases. This development is responsible for the installation of twenty-one (21) category B trees, or an equivalent combination of Category A and Category C trees. Parks and Recreation - Park and trail dedication fees were paid in 2003 with the building permit for Waters V on Lot 1, Block 1, Blue Ridge 6t'' Addition. Since the property was a single parcel at that time, the amount was based on the fall 20.4-acre site. A Final Planned Development is required and has been applied for. Approval and execution of a Final PD Agreement is required prior to commencement of construction. Uses and bulk standards are generally consistent with the BP, Business Park zoning district. All signage must comply with City Sign Code standards. Architectural material should be similar to and compatible with those utilized on the existing building. SUMMARY/CONCLUSION CSM Corporation is requesting approval of a Preliminary Subdivision to create two lots on 12.8 acres, located at 2965 and 2975 Lone Oak Drive in the SW%a of Section 1. The applicant is proposing to subdivide the site into two lots to create separate parcels for the developed and vacant portions of the property. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision to create two lots on 12.88 acres, located at 2965 and 2975 Lone Oak Drive in the SW%a of Section 1. If approved, the following conditions should apply: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2,1993: A1, B1, B3, B4, Cl, C2, C4, D1, E1 2. The property shall be platted. 3. Cross easements for ingress/egress shall be provided prior to final subdivision approval. Eagan Boundary Right-of-way Location Map Park Area Area Park Area - Building Footprint 0 s t~ x ■ p s ~ 4A LU d9 LU ,t oa a r W~ o _ o ® P 7, Al ®®v C Subject Site v v sY to ® S ea ®a dor» , T TNUNK 00 NWY. NO. JJ ® a O 4 ■ • Q. i a, o vaf~ ~ 5 F ~,tJ*eo ® ~ij ! ® NKNK'Y, NO ® o • ® i • n ` ■ o °us o / 3 ■ 4.1 m . 1D00 0 1000 2000 Feet Development/Developer. Blue Ridge Seventh Addition (CSM) Application: Preliminary Subdivision Case No.: 01-PS-01-01-07 Map Prepared using ERSI ArcVlew ' .1. Parcel base map data provided N by Dakota County Office of GIS and is current as of April 2005. City of Ea jan THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E The City of Eagan and Dakota County do not guarantee the accuracy of this infor a ion and are S Community Dw►iopment Department not responsible for errors or omissions. CSM Properties Current Zoning and Comprehensive Guide Plan Preliminary Subdivision Land Use Map 01-PS-01-01-07 Zoning Map PD PD Current Zoning: Location ~ PD PD PF Planned Development i PD A PD A I-1 PD A ~ YRUNR NW Y. No, SS 600 0 600 1300 f..t n Comprehensive Guide Plan SA Land Use Map SA SA SA Location 5 Current Land Use Designation: 5A SA t s SA Special Area 'y X IND RC EE SA RC SA- ols sY' Te YRe+x "a'r. xo. ss coo o coa szoo f..a \ RC LD Parcel base map information providedby Dakota County Land Sway Departmert Decmbar 2005. 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Ul*JTY COMPANT MATCH ._E . ♦ EnSTWG 5i t ' .,T• BUILDING "3" '(TM~> RJ ` \ \ 38.365 sF _ < < x t>1P- ENTRANCE MONUMENT R-.~ j\.. \ y `1K' 9R1 (YE DETAIL) a`l`b \ r z ^ ' ♦ 7_ T / / ~`'PEOE$TRIAN RAMP C \ . (TVP ~TF \ gyp, \ F _ _ _ ~ ~ ' /eCl~,utDS~ F~ ~y ♦ \ ~ .,,,~WAY`w~•~> • :n ~TU(!r - G4j 4' /\y GUTTER (TyYP)yr R UP' SARCUT E10~1NG •3'•~ 1 ' ; ` ```l ' WETLAND &IUMMOUS 3 KNG/- 'FD PAVEMENT "TER t, s~ 4 BLUE R DGE' J'i 1 L i i : BLOCK--.. _ EmsTiNG npN copsrRUc ` S EVE NTI - U o N . 3 r .a . ~ ADDITION z..~ o Y : i . i i ./iii _ ~ ' , . seras so•wr (aae.aa 1 N. - - - - - - - LONE OAK ROAD SITE PLAN % ! yT \ 1 rYr 3 vviv ,Y is s/ ;A, 870.26 ..9.86 \ \ 4 \ 51L7 FEN' f s[xor.xc \ ' 869.79 m4. r tV 0.14 I I e67.~. .r `W sNOU RY Cp1fRE7Ej _ . \ ~O . 870.. 869.76 66678 871 ppe~6ens 76 570-9 9 f.~.- ~ x" BUILDING' x3' - Imo{l \ Bax 6 .e 8.365 sr I I t k / .86SJ9 FFF 870.48 EOCmH s78UCTION \ N 1-4 869.76 67 869.76 y'./:/~ Ir w\h a .46 1 'EIDST9I TtEQONQ 8704e 869.7 . `y,;.., 869;10 rr, t \ a, \ ,y \ OEN ""ON 08N7D B66.a8 / r`z. `Aj/\ ® l.il\ ♦ 4 11 y NWL'- 59.37 _ / _ / / / \ . • • \ . k, ♦ ] l •,•BE2n 7o w+uN~a • uKF~•`+' ~y, '(a•/ \ L'° j • a'; 4 PB07EC"-C, . •i I +NOlES. ^ _ ` 66865 'SL ~ B67 7 . ~ % I \ '66. Y 'SJBLUE RIDGE 8653. . . .r.. < 863.96: ♦ , 7.1 f [ - 86J 66 2 3. " • E)es11N0 Y,FRANO 1 M a S 2 BLOCK M DRAIN 1 NOTES. ACE 96..16, SEVENTH, : r. • ` ADDITION f r , e ) a . - e Y F I - - - - - - - - LONE OAK ROAD GRADING, DRAINAGE & EROSION CONTROL PLAN ~ I~ j _ - \ I ,s f"~\\ a{ ~ \ i\ \ IE .1 I' I is I GY~(T19.){ WSTALL 66" PSG O - , f I I a..l 7 { M -CONNECT ~x ♦ ~ 12-MP WATER4'NN\ 1, 1 :...1 y, / 12'.5' REDUCER ill 1 1'x`:1 I :i .•s •~)"';'"i:t""f.. mow: ~/~7 6- DP I ~I I i I ( ' ! ' PYC O 2.02: \ \ - \ WARY SEVER yr n D _..._A.. I . I[ i I .-..I. 6ONTRACTOF TO COOROWA1Eti1NE`) TEE RELDCAIION I I TSTWG GAS ROTE X BUILDING "3" I I i"i r vTniTrcpNP~Nr~rw I ♦ - 38,365 SF t~ 1 III I ' ''t LP1 T• _ t.. \ 'LII ;•,..,,w,.,,..,.,,..r:.,:......,.:. LILL 2'.S RECT. III - CWNECT TO N .pp NEENA4 R-3067 EXISTING 0 RE 067.65 I j•• a DP SIUe 's_' t /p IE 064.65A N \ -r-4 I 1 DRAIN O Z= E1RE PROTf.G NW. O ND DOMEN j CORE DRILL III CONNECT k 31 `.ti.:'J W R SERNCE K 050.16 CONNECT TO \ \ 1 I o / \Ex16mIG a OIp ~'F i1 I NECT TO /E STING Ir 12' RCP P % I I / TUB f 2.ez J CORE DRILL. III ......a.. CDNNECF- I I . r/ 862.10 .t BLUE RIDGE' E BL oCK _--JII ~ :,..~.r "1 •.a I ~ ~4 ;t. SEVEN ! E ---JII J/''~ ; r." I•~- a iii } 3 / ! i ,.y f f 0I I yz .1i ' ADDITION _ F•. i ff : v ~ i III ~ . ZtA -\I „ 1.11 4• . : - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _ . a LONE OAK ROAD UTILITY PLAN L01 ~'it 1 ' #l. z ...__>_>.,_.Q,:. / \ i y. h R x. yy 1 - - - - - - - - - - - - - - - - - - - - - - - - - - - - .Ll.l r / FFE 1170.411 ~'1 o ..117. 1,.. 'sr`:i •sa/ / 'XI ji ti• w ,r• ' 111 I' 1 ~ d tx°0 YVA lx K _ , ' EXISTING WETLAND 111 I • e. 111:' i ~ 11 ti~~.'r/• r` ' ,o. it. 1 - _ 13. E - . r J , , r ' E 0' SO' 700' 160' SCALE IN FEET NORTH LANDSCAPE PLAN LANDSCAPE SCHEDULE 1[ cDMDn NAME em S IT . D.ERSraRT tRm 3 S.S• Bu i SCL`R[enM.x Yamr 'frNS4~ewa ww ]S' MIT PA MTV M ASK RRFMRnq RNImNi' R~ I RL ERE~YOMO MT•Pad ]S" BAR .a..wr m..d : yy S P. CLUMP PAPER BIRCH 10' me w..a .PAW 9 ■ IN- NPPMr. T.n.7 ] b CLAMP RHEA INCA 10' Bfe ~ ` BTAW d/lR U e s rc T~ 1K1lGrF~ 1S me 4 1>-,1C MMKRMK TMCS 6 CS ~I..N..PNIp 6 BAR w SHRUB PUNTING DETAIL ~Tr~ IT e5 BRAG( HILLS SPRUCE BrB ALLILSI.I1 Pk.. EYM.A d.NMR ENCWEFRINO. INC. h 7T rAKK ATL fOYiP. A11RC N.e ~ LNN6APOMA tN MH1A R BH SION NONEVSKJQL 10" M- Cow. a.iT. rAKIMO rla P NTNVM. +NAwl i~. W W ORARF BURN NSN ~y ]a" M. CONE. 1K4 NOT[: TREE STNtNC CIDONIL 10 V LITTLE '""EST 1"0" 10" M- BAB -d w J SK.o fgsnirA TlD. Prilc.T. - 3 3a W Mss ION o EAC ]a• 10. CONT. : x .n.. ...a ar r .van L Snow. IW 1R.F Klrn' R. .uwo f • 3 m SJ SCANDR PER DMr CONT. r TMC P}M~.T F~'1M°. ..L:.. 's...s.' - : IS w 1A1R1I0M FIFE M.aM DM-COW. Is 1wO° >e- .T T.MM T-. _ r.o. N..R PEKTTMM. uP~ 1n PP su ~••1` si e i to K BLACK EYED SUSAN 1 CAL_ comm. N RLWr. A.ML • E .shwa o RPd.M.sVY LMT. T'.T'M. mn.. +nr EiS 10 PM PARDON ME DAVULT 1 GAL, CONT. So SIILLA DE ORp Grill i DAL COW. IYmwsT.TAY 51re. P. Ord =Q ; PLANTING NOTES: 1. N9ALL t• MK DP s 10 ALL SW, SEED AND SHRUB M[AS COMRACIOII S RESPONSOLE FOR IRE MONO Of SOD AND SEED AREAS. RENWE STORES. SIMS. AND DEBITS WEER THIN 1 PsN AN ALL SHRUB MEAS. UNLESS SPECIFIED AS OTMR. 10 K KO MULCHED RRN A• DEPTH OF; BUR UM%0&l mUL.CN 090 IIRD BARREN. POLY-EDGER TO K VALLEY TREE PLANTING DETAIL KW N.1CII OATIAOrO oR MPAWED EDLML - .N R IrME ALL PERENNIAL AND AMIWL KITS To K BED MULCHED BON OEM ar 1)•-2" BUFF LIMESEd1E AND OVER BREED BARREN A. NSMLL A-R" OEM SNREUDED MIT; NMCN MDUNO ROOT SAUCER OF ALL TREE ISOLATED FROM PLAN BEDS. 5. MAWND SOL OWL CONSIST Or SOS St= UNAY TOPSOIL. 25T. PEAT MOST. SEED PLANTING NOTES: ]5T. PR RUN SAND _ 4 GIAMNITE ALL PORN FOR A PERIOD K ONE YEAR KdM1NG Al THE DOE OF .rFKO Aft- ACCEPTANCE. YAKS ALL REPLACEMENTS PROMPTLY AS KR ORECTIRH Of oTNE1L SEED MD Us (MAINE STI MN 94DM GRASS PRANDE) FROM THE p 7. MATERIAL SMALL COMPLY RPM THE LATESI EDITION OF IM AMERICAN STA OARD FOR OLAOELNCS TOR RESIONM: 6 MARACNO RCRAND WCCTATIW- Lal O MU TSEM SIOCR. AMERICAN ASSOOADCN OF MJRARMII JACOBSON-W/COT/OWM SEEONG RATE TO K 20 LOS/ACRE N (PURE LM SEED). ECOMMENoCo SEEDED KATE HAS BEEN Q < L THEE IR NRO, SHALL K WRAPPED RON WORK CREPE TREE WRAP. APPLY RRAP N MULIPLRD V 123 10 CHSUK MORE COMPLETE SCEOMIC COMERAGE. MONEMBER AMD REMOVE N APRIL MULCH SEEDED AREAS RON W/DOT TYPE D (MCN CERTIFIED REED FREE) = p R. RATER AND AMANDA Alt PLAIT INTFRNLS AHO SOD UNK. N11V1 ACCCPTTNCL MULCH M A. MITE of ] TONS PER ACNE IMINN AR MOANS Or WE-.. 5 I = 10. REPAM 0 ND COST TO CRNER ALL DAIIAW 10 PROPERTY RESULTING FROM LANDSCAPE MULCH SHOULD THIN BE OSC ANCHORED TO KEEP R FROM I LORNG AWAY. _ O UMD[RGRORD A YMIRILN K a" OF TOPSOIL SKILL K PPOADED N SEEDED AREAS J T.T. NOT" MAKER STATE ONE AT 651-454-OD02 AND FOR LOCATOR ALL NKDES. AWN MANAGE TD MOVES DUMM IRE COURSE O IHE TIRO. REPAIR ANT ~ p OHMAGE TD MOM SITE STRUCTURES. ETC- RCSULTNG FROM LAAMCAPE SCEDNG SMALL K APPLIED PION APRIL 13 - JULY ]O OR W CLNSOIUCTm SEPTEMBER 20 - FREEZI UP r t]. COOROMMIE KWI LATIN ICON P01. OF MEN SECTIONS. ALL MTK SLEDS USED ON INS PROLECT SMALL K Z > 13. STAKING OF TREES OPTDWL; REPOSITION P NOT PLUMS AFTER ORE YEAR CEROFED 10 K Or MINNESOTA ORIGIN 01 THE MWESOTA W Q IA. SWEEP AND WAS" ALL PARED SURFACES AND KUM ALL OFBRS KSLTPIC ITKN CROP NFNdEMENT /SSOr TqN IMtl1). V Y LANDSCAPE OPpM71pNS SK To RE REPINED V LOOSOMO TOPSOK to A Vl p - IS fElD KREY $00 lRIE[S PRIOR TO elSMUATIOIL MMMW OEM K ] MICHET. It PROVIDE DESIGN AND INSTALLATION OF M IRR1GllQU1 SYSTEM INCLUDING CONTROLS w Z ELECTRICAL AND PATER SERVICE CONNECTIONS. FLUB METCR. MI STUK SCRot. OEACCS THE SITE TO RE NARROWED OR INKED FOLLDRAMRC Z g RT1N LORE COKRACE FOR SOD MD SHOWS AREAS AND MUST K CWBRATED TO -CET SECOND. AND REAL PACKED I15PR A CLILTI-PAOIER OR J EL ALL NPUEARE OTT "Ott SOD ND SHRIMP MDLS TO K ON SEPAMAIE ]ONES [DJNALEM. E/I 4 USE RAMRO OR APPROVED EDUAL COOROMIATE WITH WORK K OTHER SECTIONS p p MAMMAL SEEDED AREAS BY WATERING. RU*JL"C AND En F, W CL KPLANiNO AS MCESSMY TO EDABUSM A IN1-1 Z Z LANDSCAPING AND TREE PRESERVATION DATA: DENSE SSTANID OF SHE SPECIFIED GRASSES LN1L cn c m V ACCEPT REGKED PROIIOED AM AREAS FAKER 10 EVA/L6H A AMA SM K RESEEDED. LJ _ O REFERILDED AND KMRCMED WIFIEKR IDS KGEIATVC COMER S O t Z TREE REPLACEMENT ]I TRECS TI TREES NO ACHIEVED. RESEEDING SMALL CONFORM N ALL RESPECTS TO y 3 ` Q THESE 9PECNICATIOA& TM CONIMCH" SHW. REPAIR ANY DANCE } 2 u J WDSGIPRIC 3T. OF BUILDING to THE HONK MFRS REUSLTNO FROM EROSION AND/OR EQUIPMENT. (I60.ooo) (S.,O]a) IM COMRAClW SMALL RERARI DAMAGE. NCLMMIC RECRADNC. RESELDNS. VC. AS KCESW. BEFORE SEG EICANT DAMAGE OCCURS. REVISIONS • TREE REPLACEMENT KOWEMEM POMADED FROM MPROMED PHASE W LAHOSCAPE PLAN. HIED 5-4-0 0131OKO R UK mm BY AP CKCRED BY MR DATE ISSUED 1-IT-RT SCALE I• . So. IoW NO. 2D6 IMLIT I C3 L l CITY PROJECT No.-,)6-'X] 8 8 Of 9 Of e W a A' 1 6 a R W u a~ jpE S y W 3 S FF ((d~~ ~ - W ' - Z dk R R U i e} d` 'L^•I -J N s a 4 {t tad i -oaf :ct{F{•'< Q °4 i d^t1~i tf~x HI V i d=: t t tt ! rsi:. s= s J ~ ."ire (fib d{{ ~t 43~i'i~'~t(y{Si3. W iii ~dl 59 ; ~F,tE€:s; t9 ~:{:i I{~fE tlr~ 3!_39 [a~~;~; ~4rrt ~ s i 3 ~ititift~ }lifts afFifis t~ .;Aa 3 M1 if~2 0 {I~{i~{f{11I~i€~ S^f is C~sFEy3~•@. iS~iR yyseS ~ g~ S~ yf ! t~[iF~ tt 1: a =i:~t d~fj6jC TFiSi~:: y aE a`i i ~t~ i:ltl` fjill~ SPfjvt~ tPj} t~ :t S S C-0 > W / 10 , Q)~ H Q~ 00 A C IL 1 ~ Qti ~ W W oR 4 Ell in Waters Business Center Phase VII Project Narrative General Description The Waters Business Center Phase VII project proposes to complete the construction of the third of three Office / Warehouse Buildings conceptually proposed under the Waters Business Center Phase V & VI, and the subdivision of Lot 2, Block 1 of Blue Ridge 60' Addition into Lot 1 and Lot 2, of Block 1 of the proposed Blue Ridge 7th Addition. The third building and associated improvements will occur within limits of Lot 1, Block 1 of Blue Ridge 7t` Addition. All existing improvements previously completed under the Waters Business Center Phase VI will be generally located within the limits of Lot 2, Block 1 of Blue Ridge 7ffi Addition. The proposed Office / Warehouse Building will be approximately 38,365 SF and will be of similar construction to the previous two buildings constructed under Phase V & VI. Access to Lone Oak Drive will be obtained via two shared access entries, which will include a reciprocal shared access easement for all three buildings. Parking shall be provided onsite and comply with City Ordinance. Improvements will also include Landscaping in accordance with City Ordinance and provide 21 trees to comply with the Tree Preservation and Replacement Plan approved under the Planned Development for Phase V & VI. In addition, improvements will include the extension of a public water distribution system to complete the "looped" connection through the entire site as per the originally approved Master Plan of Development. The proposed building will obtain sanitary sewer service via the existing 8" PVC service stub available from the public system located within Lone Oak Drive. Stormwater Management for this site has been previously approved and planned for under Phase V & VI via the nearby regional NURP Pond. The proposed improvements shall not produce any additional runoff then previously planned, and will make use of the already installed onsite storm sewer system. There is a wetland located onsite near to the southwest rear lot limits, which shall not be impacted as part of the proposed improvements. The existing 30' wide wetland buffer shall be maintained as part of the proposed project. Comprehensive Guide Plan designation (existing and proposed) The subject property currently has a Comprehensive Plan designation of SA, Special Area #1- The Waters. The proposed development plan will include construction in keeping with the Comprehensive Guide Plan designation and therefore the Comprehensive Guide Plan designation will remain the same. REECEIVtr-D JC"id . 1 4 / /CfD Zoning classification (existing and proposed) The subject property is currently zoned PD - Planned Development. The proposed development plan will include improvements in compliance with the current zoning and therefore will maintain its current zoning designation of PD. What you want to do; timing/phasing The project proposes to commence with clearing, grubbing, and grading of the subject area upon City Council approval of the Preliminary Plat (via the Subdivision Plans) and the Final Planned Development Agreement at the March 20, 2007 Council Meeting. An early April 2007 start date is anticipated for these activities based the City of Eagan Entitlements schedule. The construction of the Office / Warehouse building, and all other improvements, will begin soon after the City Council approval of the Final Planned Development and will most likely begin May 1, 2007. With the possible exception of a final bituminous wear course, all improvements are expected to be completed by November of 2007. Existing land uses on subject property The existing land is vacant and has been mass graded in preparation for the proposed construction during the previous Phase V & VI improvements. Surrounding land uses and zoning within 660 feet Review of the Comprehensive Land Use Plan indicates that the subject area is surrounded by property under the land use designation of SA, Special Area #1 - The Waters, and is consistent with the surrounding land uses. Review of the Zoning Map indicates the subject area is surrounded by properties zoned PD, Planned Development and is consistent with the surrounding zoning. 1~ CSM DEVELOPING REAL ESTATE FOR PEOPLE, BUSINESS & COMMUNITIES January 30, 2007 Pam Dudziak City of Eagan Planning Department 3830 Pilot Knob Road 3 Eagan, Minnesota 55122 Re: Blue Ridge 7th Addition Dear Mayor and City Council: This letter is in reference to CSM Corporation's submittal for subdivision and planned development approval for Blue Ridge 7th Addition. Because of a proposed tenant that would like to occupy the building by November 1, 2007, the planning department has agreed to run the preliminary subdivision and final planned development applications concurrently. In addition, CSM is requesting that the City Council grant an exception to obtain a building permit prior to final plat approval. To complete the building for the proposed tenant, we would have to begin construction on May 1, 2007 because of the estimated 6 month construction period. This would require that construction documents be submitted -for building permit by the end of February to meet this schedule. Because the preliminary subdivision and final planned development is not scheduled for final approval until the March 20th City Council meeting, CSM would be creating these construction documents "at risk". We believe that because this site will not be subdivided any further, granting a permit would involve little risk on the part of the City of Eagan or of CSM Corporation. Thank you for your consideration in this matter. Sincerely, Michele Foster Vice President, Development RECEIVED P a D7 500 Washington Avenue South, Suite 3000 Minneapolis, MN 55415 • PH: (612) 395.7000 FX: (612) 395.7001 • www.csmcorp.net Agenda Memo March 20, 2007 Regular City Council Meeting LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE: A. Resolution in support of High Speed Minnesota Policy for the State of Minnesota ACTION TO BE CONSIDERED: Approve the High Speed Minnesota resolution urging the State of Minnesota to create a statewide high speed broadband policy to achieve 1 Gigabit access throughout Minnesota by the year 2015. FACTS: • Since 2004 the Eagan Technology Task Force (now Working Group) has been studying broadband issues. • In the last year the Working Group has focused on how available broadband speeds in Eagan and Minnesota compare to the rest of the world and the economic advantages of achieving world class Internet speeds. • The Working Group conducted a video conference with a best practice city in the Netherlands, compiled significant comparative data and interviewed a wide variety of industry experts. • Available Internet speeds for most Minnesotans, both for downloading and uploading, pale in comparison to those enjoyed by citizens in many other industrialized nations of the world. • Beginning last fall, Eagan business, technology, and city leaders called together other concerned business leaders, government and industry representatives, and public policy experts to explore the need for a statewide broadband policy. • The group found that Minnesota currently lacks a single comprehensive plan to develop advanced telecommunications infrastructure to all parts of the state. It further found that California has announced plans to match those of Singapore to achieve 1 Gigabit access by the year 2010. California's Governor appointed a broadband task force in 2006 and intends to spend $460 million on broadband infrastructure to achieve the 1 Gigabit goal.' • The planning group in Minnesota--calling itself the Gig Group-has been able to convince legislators to introduce legislation in both the Minnesota House and Senate (HF2107 and SF 1918) calling upon Minnesota to establish a policy goal of achieving 1 Gigabit access statewide by 2015. • The legislation further calls for the creation of a Broadband Advisory panel made up of both public and private sector representatives (including providers) and to create an Administration director responsible for coordinating the policies and initiatives necessary to achieving the I Gigabit goal. Killer App Magazine, "Technology Revitalizes a (California) School District," Geoff Daily, January, 2007 p. 3 1 d8 ATTACHMENTS: • Copy of the Eagan Resolution on page • Copy of the proposed legislation on page • Copy of selected comparison data on pages ua to ~Z 109 CITY OF EAGAN Resolution in Support of a High Speed Minnesota Broadband Policy WHEREAS the City of Eagan, on behalf of its residents and businesses, desires to be world class in its Internet speeds and connectivity; and, WHEREAS Minnesota currently lacks a single comprehensive plan to develop an advanced telecommunications infrastructure to all parts of the state, and some communities have meager or no high speed communications or competitive services; and, WHEREAS available Internet speeds to most Minnesotans, both for downloading and uploading, pale in comparison to those of citizens in many other industrialized nations in the world; and, WHEREAS In the US we pay more for less bandwidth than consumers in leading broadband countries; and, WHEREAS several other states and nations have formal broadband goals, and both California and Singapore are already underway on plans to reach 1 Gigabit per-second broadband access in the next few years and engineers are already at work on 100 Gigabit standards; and WHEREAS Gigabit broadband (1 Gig per second) access throughout Minnesota is essential to ensure a high quality of life and a globally competitive future for our citizens, businesses, and communities; and WHEREAS expanding the use of broadband technology has been shown to grow new markets for business, enhance educational access, strengthen health care, increase the potential to attract and retain jobs, improves quality of life and service delivery, and would provide Minnesotans and Minnesota businesses with the capabilities necessary to compete in the today's global marketplace. NOW, THEREFORE, BE IT RESOLVED that We, the Eagan City Council, urge the Governor of Minnesota and the State Legislature to, without delay: • Adopt a state law enacting a goal to ensure ubiquitous two-way gigabit broadband across Minnesota by at least 2015 110 • Create and appoint a Broadband Policy Director for the State of Minnesota who will be responsible for coordinating the policies and activities necessary to achieving the state goal. • Establish as part of those responsibilities, that the Director would Chair a State Broadband Advisory Board charged with achieving statewide Gigabit access by at least 2015 • Ensure that The State Broadband Advisory Board should include public and private stakeholders who will: o create a cohesive, comprehensive state-wide plan for the deployment of broadband services. o make recommendations on the policies, actions and investments necessary to achieving the state's broadband goal. o identify how both the public and private sector can cooperate in the needed investments to achieve the goals. o Carefully preserve the option for the state, cites and counties to protect public rights of way and participate as investors in networks or as providers of telecommunications services if the private sector is unable or unwilling to act, or if that best serves community needs. o identify and recommend ways to eliminate obstacles to making broadband internet access ubiquitous in the state. o identify and make recommendations to the state legislature that would support broadband goals including offering state subsidies and tax credits, and otherwise promoting broadband deployment. o research innovative strategies and programs other states, countries and communities have used to provide gigabit broadband services ubiquitously and the impact it is having on communities. o recommend specific action steps, assessments or legislation that will provide redundant capability to keep critical broadband infrastructure operational. Adopted this day of , 2007 CITY OF EAGAN CITY COUNCIL By: Mayor Attest: City Clerk 03/09/2007 REVISOR CEL/JW 07-3413 This Document can be made available in alternative formats upon request State of Minnesota HOUSE OF REPRESENTATIVES IH EIGHTY-FW SESSION SION 2107 HOUSE FILE NO. March 14, 2007 Authored by Masin, Bly, Sertich, Laine and Sailer The bill was read for the first time and referred to the Committee on Commerce and Labor 1.1 A bill for an act 1.2 relating to telecommunications; setting certain goals; providing for a broadband 1.3 policy director and advisory board; amending Minnesota Statutes 2006, sections 1.4 237.011; 237.082; 237.16, subdivision 9; proposing coding for new law in 1.5 Minnesota Statutes, chapter 237. 1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.7 Section 1. Minnesota Statutes 2006, section 237.011, is amended to read: 1.8 237.011 TELECOMMUNICATIONS GOALS. 1.9 The following are state goals that should be considered as the commission executes 1.10 its regulatory duties with respect to telecommunication services: 1.11 (1) supporting universal service; 1.12 (2) maintaining just and reasonable rates; 1.13 (3) 1.14 teleconrnmfication services mid greater capacity fbi voice, video, and data tr=nrissi, 1.15 making available to all residents of Minnesota by 2015 ultra high-speed data transmission 1.16 services at speeds equal to at least 1,000,000,000 bits per second; 1.17 (4) encouraging fair and reasonable competition for local exchange telephone 1.18 service in a competitively neutral regulatory manner; 1.19 (5) maintaining or improving quality of service; 1.20 (6) promoting customer choice; 1.21 (7) ensuring consumer protections are maintained in the transition to a competitive 1.22 market for local telecommunications service; and 1.23 (8) encouraging voluntary resolution of issues between and among competing 1.24 providers and discouraging litigation. Section 1. 1 i I^ 03/09/2007 REVISOR CEL/JW 07-3413 2.1 Sec. 2. 1237.0211 BROADBAND POLICY. 2.2 Subdivision 1. Broadband policy director. The governor shall appoint a state 2.3 agency officer to be the broadband policy director for the state. The director shall 2.4 coordinate policies designed to achieve the goal of making available to all residents of 2.5 Minnesota by 2015 ultra high-speed data transmission services at speeds at least equal to 2.6 the goal set in section 237.011, clause (3). 2.7 Subd. 2. Broadband Advisory Board. There is established a Broadband 2.8 Advisory Board chaired by the broadband policy director. The governor shall appoint up 2.9 to 15 members of the board, including representatives of providers, customers, local 2.10 governments, and individuals knowledgeable about telecommunications issues. The board 2.11 shall discuss and make recommendations to the governor and the legislature that contain: 2.12 (1) a comprehensive statewide plan for achieving the goal established in section 2.13 237.011, clause (3); 2.14 (2) a description of the policies and actions necessary to achieve that goal, including 2.15 the elimination of obstacles to investment; 2.16 (3) a description of the opportunities for public and private sector cooperation in 2.17 achieving that goal; 2.18 (4) an evaluation of strategies and financing methods used in other states and 2.19 countries that support the deployment of ultra high-speed data services; and 2.20 (5) an evaluation of the security and redundancy actions necessary to ensure the 2.21 reliability of ultra high-speed telecommunications statewide. 2.22 Sec. 3. Minnesota Statutes 2006, section 237.082, is amended to read: 2.23 237.082 TELECOMMUNICATION RATE AND SERVICE GOALS. 2.24 When setting rates, adopting rules, or issuing orders related to telecommunication 2.25 matters that affect deployment of the infrastructure, the commission may must apply the 2.26 goals of: 2.27 (1) achieving in. 2.28 vices, (i) higher speed te1e%.101!MTttt1iCZtti0L? se, m1d 2.29 the deployment to all 2.30 Minnesotans of a telecommunications network capable of the speed standard set in section 2.31 237.011; and 2.32 (2) just and reasonable rates. 2.33 The department may apply the same goals in its regulation of and recommendations 2.34 regarding telecommunication services. Sec. 3. 2 ~ y~ 03/09/2007 REVISOR CEL/JW 07-3413 3.1 Sec. 4. Minnesota Statutes 2006, section 237.16, subdivision 9, is amended to read: 3.2 Subd. 9. Universal service fund. The commission shall establish and require 3.3 contributions to a universal service fund, to be supported by all providers of telephone 3.4 services, whether or not they are telephone companies under section 237.01, including, but 3.5 not limited to, local telephone companies, independent telephone companies, cooperative 3.6 telephone companies, municipal telephone companies, telecommunications carriers, 3.7 radio common carriers, personal communication service providers, and cellular carriers. 3.8 Services that should be considered for inclusion as universal include, at a minimum, 3.9 single-party service including access, usage and touch-tone capability; line quality capable 3.10 of carrying facsimile and data transmissions; equal access; emergency services number 3.1t capability; statewide telecommunications relay service for the hearing-impaired; and 3.12 blocking of long-distance toll services. The fund must be administered and distributed 3.13 in accordance with rules adopted by the commission and designed to preserve the 3.14 availability of universal service throughout the state. Any state universal service fund 3.15 must be coordinated with any federal universal service fund and be consistent with section 3.16 254(b)(1) to (5) of the federal Telecommunications Act of 1996, Public Law 104-104. The 3.17 department shall make recommendations to the legislature by jan=y 1, i 6; regarding a 3.18 plan for contributions to and expenditures from the universal service fund. In particular, 3.19 the department shall address the following issues: 3.20 (1) what additional services should be included in the basic set of essential telephone 3.21 services which the state should encourage in its mandate to ensure universal service; 3.22 (2) whether and how expenditures from the fund should be used to ensure citizens 3.23 access to local government and other public access programming; and 3.24 (3) whether how expenditures from the fund should be used to encourage 3.25 construction of infrastructure capable of providing 3.26 services at the speed goal set in section 237.011, especially in high-cost areas of the state, 3.27 an if the commission detern-rines the fmid aviumt114 1, e t=4 , a plan to 3.28 accomplish these -goals that goal. Sec. 4. 3 1, CERTIFICATION I, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 20th day of March, 2007 * o N Lf) c • • p i R V o v • y H H • o L w ~ M ~ a ~ o v c .a • M N o L ' ~ h t0 Iff O C O ~ s O s * r LM LL 00 * k * M i ~O CD r r C ~ -J (n CL • • • D "a 1.- 0 iTL III f eb C D r C~ + O 414 V_ j 130 0 L-0 s JOL-'C' 4 IN c4 a ~I.~~ ~ ~ 'T- T ~ t cr. a) co C'j co m 0 0 0) W3 ' : ~ tr ~ ~ ~ ~ ~ iii ~r'~ ~ ~ ' C] LP h-^ C3 0 {r3 to Its icI a1 'r° C J T- ; CD g 'f +F ~C ' Ce 'uj h- ' s P L 42, tow f@ 6 ' i I L9 C fm C3 d' „ C s t cc: • H YI 1~ • . w w M m • 4).' r I rte' is a A Y ' l Broadband penstration her technology, top 20 sconamies worldwide, 20G4 Ke-L-S:( R.) s I- ng Kang, China oherlarid!~ t Denmark lcttand i ,~7'hflL~rl~td ' ReNviu m Total bean Japan y. p±ext~ls~ralt~n rate, MirwaY 1~:~~d a Lielt~rrsl+~il-~ Un wJ it ogdorn fatal Otfmr Fr arw•. ti III i Au~lrim J ° L' f 5 2 C 25, 3c l 0 mo l^~ i O U L 4-0 L L~■ C ~ ■ - O O .E C • V cu cu 'a t .C 0 In O E 00 ` M ~ 00 N • r r r t- M r- CY) • CD 4-0 • c cu 0 0 .L O ~ Cl) L = • X = w W cn 4" W CV,: ~ p O ~ ~ ~ J ~ ~ rn U Q cn cu arc o a_ o U U- CD y WrA /1 N M 4 In 6 f` 11 I I O N O LO •L C? N Q • w L V •cp 010 C O >1 C co -a m cu o O N V o. c i r N O m a) O r m M L 41 Y) - a~ G~ v C c N Nom - a~ :3 CL i = Q U) O t+ R ~ ~ ~ cap 3 3 O L C C6 4 O E M .3 4w N N i U ca c LO a~ CD N C7 R■L O E tN N ~ ~ o o L i > U L N d (u 'ice ~m a a~ • Qom 'O - G1 N 0 0) CL N ca - 0 C: L_ N N Cl) p CL c~ (1) V L • F- w L_ L co CL (D co OT L _ Cl) r O Vi c O CU • D CV C6 0 E Q Ca cn O M co N UD E N O~ O O to 0- cn U) cu - N :3 CU -E =3 CU _ w Q- -0 a O V -0 > E cu a) O N m E N O 4 I- -C -0 (a C Co _ CU ~O ai co cn 0) a) O Q F- > cu N U E O • ; O L 0 (D CU cn CL C L ~E~ cc O 0 C- L x 4-0 U Ca L.- O J • •Cl) L cn a) 0 CD V L L I- LIOR • •C Ca O C6 O cu L- cu co CL 'Cou "Cl- 70 0 (D U- _0 0 mm cu "0 QL 0 E 00 c: c: =3 - cu co CU co Agenda Memo March 20, 2007 Regular City Council Meeting LEGISLATIVEANTERGOVERNMENTAL AFFAIRS UPDATE: B. UPDATE ON FCC REGULATIONS ON VIDEO FRANCHISING ACTION TO BE CONSIDERED: Informational item. No action at this time. FACTS: • On March 5, 2007, the Federal Communications Commission (FCC) issued its long- awaited order and proposed rulemaking regarding Video franchising. • The National Association of Telecommunications Officers and Advisors (NATOA), of which Burnsville/Eagan Community Television is a member, says it and other national local government organizations have denounced the FCC's action, which will undermine local authority to act to protect the taxpaying public, their public rights of way, and their public safety. • The order, in its first phase, deals not with existing cable franchises, but rather with the rules affecting new entrants to the market, but it should apply to incumbents when they face franchise renewal. • It could very well affect future franchise fees paid to the City • The order and its effect is still being studied, and will be reviewed by the Telecommunications Commission tomorrow night, but Communications Director Garrison can provide an overview of some of the changes and what is being done locally to comment on the proposed rule-making . ATTACHMENTS: • An article from the Telecomm Intelligence Group on what the FCC order means is included on pages a to -5. • Selected PowerPoint slides from Burnsville Eagan Telecommunications Commission attorney Mike Bradley are on pages J?b to r of the packet. ~ 22 r -International Editfon TelecomWeb Welcome to TelecomWeb, The Internet's leading source for business news, market The T e l e c om I n t e l l i g e n c e Group research and competitive analysis on the global communications industry. sear' 5 i A Events About Us Advertise Contact U Rome News & Analysis Market Research ~ R'i Products I Special Offers White Papers I Webcasts "E Enterprise Mobility _ Tuesday, March 6, 2007 Report: The Latest You are not logged in. ` News, Research and E-mail Story Print Reprints Feedback White Papers on FCC's Video-Franchise Order Garners Mixed Reception Business Wireless A a + Communications. Telea,. om +r 7 eb z ws break > Sponsored by : - rallaInfoTrack Advanced Search Gf7 The Federal Communications Commission The Next-Generation II adopted and released its Report and Order and 'T~.r1f1Ca Contact Center RESOURCES Further Notice of Proposed Rulemaking regarding Report: The Latest video franchising, and the fur has begun to fly: News & Analysis Broadband > sponsored by In the Order, the commission concludes that the f Digital & IP TV current operation of the franchising process Applications constitutes an "unreasonable barrier to entry that Hosted & Managed impedes the achievement of the interrelated Services federal goals of enhanced cable competition and Managed & Hosted accelerated broadband deployment." Here are a Services Report: IP Telephony Research, News & few of the "unreasonable barriers" cited in the Order: Wireless Analysis, White Papers Tariffs >>Negotiations that extend beyond certain time frames & Webinars an Telecom >>Unreasonable build-out requirements Services. Etv1EA • > Sponsored by »Demanding more than the statutory 5-percent cap on franchise fees unless certain Amm" specified costs, fees, and other compensation required by local franchising authorities are counted toward that cap >>Denying an application based on a new entrant's refusal to undertake certain Alcatel-Lucent Welcome to TelecomWeb unreasonable obligations relating to public, educational, and governmental ("PEG") The Internet's leading and institutional networks source for business news, 3/16/2007 TelecomWeb FCC's Video-Franchise Order Garners Mixed Reception Page 2 of 4 market research and >>Preempting local laws, regulations, and requirements to the extent they impose competitive analysis on the greater restrictions on market entry than the rules adopted herein. global communications The, 100-plus-page document comes 75 days after the FCC approved the rules late industry. View Sitemap. last year (TelecomWeb news break, Dec. 21, 2006). So far, there hasn't been any blowback from the telecom industry, but local governments look likely to mount a M' 11 legal challenge to the order, with The National Association of Telecommunications QUICK POLL I Officers and Advisors (NATOA) retaining legal counsel in January. A spokeswoman In a contact-center for the National League of Cities, which is working with NATOA, said the staff environment, which currently is reviewing the document. Mayor Ken Fellman of Arvada, Colo., says, "I unified-communications have big concerns about local control. The FCC went great lengths to explain why feature is most important they have the legal authority to do this. Clearly, they're overstepping their authority." to you? The National Cable & Telecommunications Association (NCTA) also is reviewing the r Quicker customer order. It's not clear if the cable industry will sue, but NCTA has been vocal in its response displeasure, saying the order creates "an unlevel playing field" by not applying the More IVR capabilities new rules to all providers. Under the rules, the FCC tentatively concludes cable Fewer management operators will have to wait until their franchises expire to be entitled to lesser worries regulation and the 90-day shot clock. The FCC has committed to issuing an order More security within six months on how the rules should apply to cable operators and what effect Better agent tools the order may have on most-favored nation clauses that may be included in some franchises. NCTA has expressed concern that it may mean pre-emption of those Submit clauses, which take effect if a new entrant comes in under better terms. Here's what others had to say about the order: -FCC Chairman Kevin Martin: "The ability to deploy broadband networks rapidly ...is intrinsically linked to the ability to offer video to consumers. As the commission stated in the notice in this proceeding, 'the construction of modern telecommunications facilities requires substantial capital investment and such networks, once completed, are capable of providing not only voice and data, but video as well.' As a consequence, the ability to offer video offers the promise of an additional revenue stream from which deployment costs can be recovered." >>FCC Commissioner Michael Copps: "I have been troubled at the lack of a granular record that would demonstrate that the present franchising system is irretrievably broken and that traditional federal-state-local relationships have to be so thoroughly upended. If we are going to preempt and upend the balances inherent in long- standing federal-state-local jurisdictional authorities, we should have a record clearly demonstrating that those local authorities are not up to the task of handling this infrastructure build-out and that competition can be introduced only by preempting and upsetting these long-standing principles of federalism. Many people questioned, and continue to question, the Commission's legal authority to do what it is doing today. It is clear that those questions remain and that the Commission has been asked by those with oversight powers to more conclusively demonstrate our authority to undertake the actions we initiate today. I believe it is the better course of wisdom in so far-reaching a proceeding, in light of the concern being expressed by those with oversight responsibilities of this Commission, to thoroughly answer those questions, to lay out the basis of our claimed legal authority, and to explain what legal risks this action entails before taking action." >>FCC Commissioner Jonathan Adelstein: 'Today's item goes out on a limb in asserting federal authority to preempt local governments and then saws off the limb with a highly dubious legal scheme. It substitutes our judgment as to what is reasonable - or unreasonable - for that of local officials - all in violation of the franchising framework established in the Communications Act. Today's Order is certain to offend many in Congress, who worked long and hard on this important issue, only to have a Commission decision rushed through with little consultation. The result will be heavy oversight after-the-fact, and a likely rejection by the courts. It will solve nothing, create much confusion, and provide little certainty or progress on our shared goal of promoting real video competition and universal broadband 3/16/2007 I TelecornWeb FCC's Video-Franchise Order Garners Mixed Reception Page 3 of 4 deployment." -FCC Commissioner Deborah Taylor Tate: "I ultimately support today's item because I believe that, by streamlining timeframes for action and providing practical guidelines for both LFAs and new entrants, the item encourages the development of competition in the video marketplace and speeds the deployment of broadband across the country in a platform-neutral manner. Additionally, I am pleased that we recognize - and do not preempt - the actions of those states that have reformed their franchise rules." >>FCC Commissioner Robert M. McDowell: "This order strikes a careful balance between establishing a de-regulatory national framework to clear unnecessary regulatory underbrush, while also preserving local control over local issues. It guards against localities making unreasonable demands of new entrants, while still allowing those same localities to be able to protect important local interests through meaningful negotiations with aspiring video service providers. Local franchising authorities are still free to deny deficient applications on their own schedule, but we are imposing a "shot clock" to guard against unreasonable delay." >>The Video Access Alliance: The group reaffirms its support for the recent FCC policy change that will speed up the process companies go through to enter the video services market. The VAA feels this procedural adjustment will directly lead to more opportunities for aspiring content providers. The VAA is dedicated to improving opportunities for independent, emerging and minority networks and video content providers. -Robert K. Johnson, president, Consumers for Cable Choice: "Cable television competition received a shot in the arm today, thanks to the FCC's decision to streamline the local regulatory approval process. Consumer wallets and video choices will be healthier because of this foresight." -Gary Lytle, senior vice preside nUfederaI relations, Qwest: "A streamlined franchising process would encourage companies like Qwest to quickly deploy video services and promote the end of the cable monopoly." -Barbara Kasoff, president, Women Impacting Public Policy: "On behalf of our half- a-million members, WIPP applauds the FCC's efforts to increase competition in the telecommunications marketplace. Small business owners believe competition in the industry will result in better pricing, technology and accessibility that will allow them to grow their businesses and create new jobs. This decision moves us in the right direction. We do not view this as a battle between industries; this is a chance for business owners and all consumers to choose what is best for them in a marketplace less encumbered by regulations." Get the news break free in your email box each day. Sponsored Links: >Shocking research on Microsoft and IP Telephony >Mobile Operators: Study on Fixed-Mobile Convergence-$500 Certificate > Enterprise Mobility Report - The Latest news, research and White papers on business Mobile Security. > Managed & Hosted Services Report - Research, News & Analysis, White Papers & Webinars on Telecom Services. > Understanding the Total Cost of Telecom Ownership - Download this free article >SATELLITE 2007 - Integrated Solutions for Your Communications Needs - Feb 19-22, 2007 Washington Convention Center > IPTV World Forum 07 - London, Mar 5 - 7, 2007 Junction 3/16/2007 1 W ~ ~ U co! U C~ uj O O to ,G? 4~ v a L v V t~ O 4a N • :k LL o Z m L E m E o w ocu sm LM u- 'Nil J co u,. 0. Z Z U M I I I i i O 0 ~(D N _ U m CM M 0 O. a- ~ ~ ~ ~ Cam? O cu IUL 4) L. tai ttS ~ ~ ~ Gi L a S LM LM T T E O O Z z CL LM 0 t73 N 5 70 4 V O ~ r= ~ L ~ a~ o L t~ v ca L!. LM B C. to o •v o cu o o (1) C v O ~ ~13 M L „~1 • j Q~ v ~ V v O o o y" OC Z un 4~ I I Lo LO I, - CL 4) C. M m J LM •N s_ ~ ma L . (D 0 CL - .~.a CV tCi > cn (n c°s E _ N 3:y . n L~ k< QO t-- F3 ~ acv RS ~ ~ V c~ 4~ 2V CD Ma . WO E O v 0.0 4w v m x m E Z _ O E,~.O O ~ CL= ~ L ~ Q1 'w o O v to = CL w o v CL m CL 0 0 CL (1) o CL 0 C. m O v s' . CL ~'a ~ eta E _ L CD 4- O O 13 c, p to i v ?r Vi R'~ o (D (D L- E CD U. 0 (D 0 4a 4-1 u? 43 ~Ci ~~~cn N Os v~ C.~ 1- ~ I I ~ I I I ;C N co r- K CD 0 N U) ~ U CL LL. a? to Gi U M v W i +r u_ cn 1 Z3 o OA" V~ is _ a' > c 7 k 5. , le , ` sue t ~ _ . a 4- tcs - 5 T to m O 4. i a a •kz .O O ~ ~ ~ ~ ~ to O v E a 4.9VV F ~ i~ t` CY) o V♦ N Q) N f L• 4~ L 3 ~ c AAIL Al: a :N. ° ~ ♦J L ~ W 0 L N CL c~ Q tv CL . o a~ o N now Z sz t~ 4 v~ m m *a L. CL cr) on AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER MARCH 20, 2007 A. CALL TO ORDER B. ADOPT AGENDA C. APPROVE MINUTES D. OLD BUSINESS 1. NORTHEAST EAGAN REDEVELOPMENT DISTRICT - Acknowledge Certificate of Completion and Authorize Issuance of Tax Increment Note for Interstate Partners-Grand Oak Redevelopment Project. E. NEW BUSINESS 1. CEDAR GROVE REDEVELOPMENT DISTRICT - Authorize Negotiation for the Possible Acquisition of the Remaining Properties in the Cedar Grove Core Area and Cedar Grove North District F. OTHER BUSINESS G. RECESS TO EXECUTIVE SESSION - The EDA will be asked to hold an executive session to discuss the possible acquisition of the Mediterranean Cruise property, located 3946 Sibley Memorial Highway in the Cedar Grove Redevelopment District. The EDA will go to closed session and will not adjourn this meeting until the closed session is completed. Agenda Information Memo Eagan Economic Development Authority Meeting March 20, 2007 NOTICE OF CONCURRENT ACTIONS 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 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 March 6, 2007 EDA meeting as presented or modified. ATTACHMENTS: • Minutes of the March 6, 2007 EDA meeting on pages I ~v MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota March 6, 2007 A meeting of the Eagan Economic Development Authority was held on Tuesday, March 6, 2007 at the Eagan Municipal Center. Present were President Maguire, Commissioner Fields, Commissioner Tilley, Commissioner Carlson and Commissioner Bakken. 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 Bakken seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 APPROVE MINUTES Commissioner Fields moved, Commissioner Tilley seconded a motion to adopt a resolution approving the minutes of the February 6, 2007 meeting as presented. Aye: 5 Nay: 0 OLD BUSINESS NORTHEAST EAGAN REDEVELOPMENT DISTRICT PREDEVELOPMENT AGREEMENT WITH ATLAS OF MINNESOTA REGARDING POTENTIAL REDEVELOPMENT OF PROPERTY ON THE SOUTH SIDE OF HIGHWAY 55 Community Development Director Hohenstein discussed the potential redevelopment of property in the Northeast Eagan Redevelopment District on the south side of Highway 55. He indicated that the Preliminary Development Agreement that had been directed by the EDA had been prepared by the City and executed by the developer. Commissioner Carlson moved, Commissioner Tilley seconded a motion to approve a Predevelopment Agreement with Atlas of Minnesota regarding the potential redevelopment of property in the Northeast Eagan Redevelopment District on the south side of Highway 55 and authorize appraisals of third party properties within the concept plan boundaries. Aye: 5 Nay: 0 NEW BUSINESS There was no new business. OTHER BUSINESS There was no other business. I~ ADJOURNMENT Commissioner Tilley moved, Commissioner Carlson seconded a motion to adjourn the meeting at 8:05 p.m. Date Thomas Hedges, Executive Director Agenda Memo Eagan Economic Development Authority Meeting March 20, 2007 1. NORTHEAST EAGAN REDEVELOPMENT DISTRICT -ISSUANCE OF TAX INCREMENT NOTE FOR PHASE H OF GRAND OAK REDEVELOPMENT PROJECT ACTION TO BE CONSIDERED: To adopt a resolution to certify that the Grand Oak CR LLC has substantially completed the Phase II minimum improvements under its TIF development agreement in the Northeast Eagan Redevelopment District and to authorize issuance of the Tax Increment Note for this Phase. FACTS: • The City of Eagan and the Eagan Economic Development Authority previously approved a development agreement with Interstate Partners for the acquisition and resale of property located at the intersection of TH 149 and TH 55 for redevelopment purposes. That agreement was subsequently amended on May 4, 2004 to clarify aspects of the development and to allocate the proposed tax increment financing assistance between the proposed development phases. • The agreement was further amended on August 1, 2005 based on a development plan under which it was proposed that 60,000 s.f. be built in the first phase and 90,000 s.f. in the second. The amendment called for up $600,000 to be allocated to Phase I and $900,000 to Phase II. • In August, 2006, the City processed the issuance of the Phase I TIF Note. • At this time, the developer has submitted documentation that the minimum Phase II improvements have been completed and a request that the Phase II TIF Revenue Note be issued. Staff has confirmed that the minimum improvements have been completed and that the documentation of expenses is in order. Consideration of authorization of issuance of the Phase II note by the EDA and City Council is in order at this time. ATTACHMENTS: • Area map on page I • Resolutions on pages 137 W 0 0 L ~ E W 0. CO. O ,~r m 10 a Q p o. -0 is v LL v 0 to ..iww C W - Z ` ck~ E -AA E fir" ~ I r~""Y_ U~_ t/ j~~/ j j {I 1 f `,eft f _ d~ - co 'lam / t tf O.. -~t co 0 a 0 m r~ = IRf L a , 7 p, 11 i - _ r t t 1.! S ` t t' } ! u cl -M 1 . it Il -all CITY OF EAGAN RESOLUTION TO CERTIFY COMPLETION OF PHASE II OF THE GRAND OAK CR LLC PROJECT IN THE NORTHEAST EAGAN REDEVELOPMENT DISTRICT AND ISSUE TIF NOTE BE IT RESOLVED by the Eagan City Council to certify that the Grand Oak CR LLC has substantially completed the Phase II minimum improvements under its TIF development agreement in the Northeast Eagan Redevelopment District, to authorize the EDA Executive Director to execute the certificate of completion for that Phase and to authorize the EDA President and Executive Director to execute the Tax Increment Revenue Note for that Phase. 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 20'' day of March, 2007. Maria Petersen, City Clerk 1 EAGAN ECONONUC DEVELOPMENT AUTHORITY RESOLUTION TO CERTIFY COMPLETION OF PHASE H OF THE GRAND OAK CR LLC PROJECT IN THE NORTHEAST EAGAN REDEVELOPMENT DISTRICT AND ISSUE TIF NOTE BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to certify that the Grand Oak CR LLC has substantially completed the Phase II minimum improvements under its TIF development agreement in the Northeast Eagan Redevelopment District, to authorize the EDA Executive Director to execute the certificate of completion for that Phase and to authorize the EDA President and Executive Director to execute the Tax Increment Revenue Note for that Phase. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Jon Hohenstein, Secretary/Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting thereof assembled this 20th day of March, 2007. Jon Hohenstein, Secretary/Deputy Executive Director Agenda Memo Eagan Economic Development Authority Meeting March 20, 2007 1. CEDAR GROVE REDEVELOPMENT DISTRICT - AUTHORIZE NEGOTIATION FOR THE POSSIBLE ACQUISITION OF THE REMAINING PROPERTIES IN THE CEDAR GROVE CORE AREA AND CEDAR GROVE NORTH DISTRICT ACTION TO BE CONSIDERED: To authorize negotiations for the possible acquisition of the remaining redevelopment properties in the Cedar Grove Core Area and Cedar Grove North District for redevelopment purposes and to authorize the preparation of appraisals of the properties. FACTS: • The City has taken steps to bring about the redevelopment of the Cedar Grove Redevelopment Area, including public improvements, environmental reviews, comprehensive plan and zoning modifications and the execution of development agreements that are resulting in the construction of new private development consistent with the City's plans. • . At the present time, the City is in the process of soliciting proposals for consideration of selection of a new master developer of the core redevelopment area to initiate the next phases of the redevelopment of the Core Area. The City also has a preliminary development agreement with United Properties for the redevelopment of the North District that is expected to result in the development of an office building on property owned by United, the City and Bernstein Perwien Properties at the intersection of Silver Bell and Nicols Roads. • With the exception of the Cedarvale Lanes and Jensen's properties, the redevelopment of the Core Area anticipates the acquisition and redevelopment of all other properties within the district. The North District redevelopment contemplates the acquisition and redevelopment of the Bernstein Perwien parcel. • Over the past five years, the City has undertaken negotiations with willing sellers on a case by case basis as interested property owners have come forward. The Council and EDA have authorized each of the negotiations as requests have come forward. The City has acquired over 60% of the Core Area Redevelopment property at this time and negotiations are underway with the owners of a number of additional properties. • To date, the City has acquired the majority of properties in the redevelopment area through negotiation. In the redevelopment areas, the City has only used eminent domain in situations in which the property owner has requested it or where efforts at negotiated acquisition have failed. As the Council and EDA have previously noted that the 2006 amendments to the eminent domain law have 141 created a deadline for the use of the tool. The deadline is five years from the certification of the district, which in Cedar Grove's case will be July of 2008. • As a consequence, rather than respond to individual property owners requests for the City's consideration of purchases, it would be appropriate at this time for the Council and EDA to consider authorizing negotiations with all of the remaining property owners, to attempt to better facilitate acquisitions in a more expeditious way. • Under the TIF requirements, to be eligible for TIF reimbursement, expenditures need to be made within five years of certification of the district, or July of 2008 as noted above. If there are property owners who are either unwilling to sell or with whom the City cannot reach agreement on terms of acquisition, the Council and EDA will need to consider the use of eminent domain. In discussions with the City Attorney's office, it has been indicated that in order to expend the funds for acquisition under the TIF guidelines, a decision for the use of eminent domain would most likely be needed to be made no later than June 1 of this year. If the Council and EDA authorize acquisitions by this action, staff will proceed with negotiations in the context of the June 1 date. ATTACEMMNTS: • Area map and ownership list on pages through J 142- a y / = W Q - I N ~ z C - - g _ N V' CL a) 0 Z Q 7 f0 w p C.) 16 ...d - J U a~ V / _ m T~ r m v Q a~i o Z E 0 d ~_o ? E Q. v a c ~rJ - V- y O o N Q a~ L) L- - - in rp o c E O O OW - N - 0i 'a = Q O C) Q W Q C .L.. Q N V _ Rte' U Q Q a a Q z (D o U d F- Q CD W 9 . Q Z C) 4 ° v \ W W w ' K co, \ \ Q.'.A. W U my J "c M W Z W _ - m a 0 _ i. v Zip E =a W (Q9 Zv~\.`` p. o z r W V 7Q Z M ,z~ y o Zz -E co V Y f a~ a ~J F .\w y yam C a a\ z Q `o N m w zt, 'o l \ \ Z \ y Q Q - to w w` 13 ` z w AdJ o' a O ° J ` p U. L) W LU LL. CL U _ o W Z N W W ` \ \ 0 -0 _j LLI o h Y z w o c c = o - Z) J w co _ v z` P21 MOON _ a` O ~ Z w pp J Z W U -a Q a, w t a, _ y N `4 ~ t,z ~`.3 0 QF ~ d > tiC N Z E K N W U' -J w 2 U a F y W W ~ a - W H N co CL y - ~ y 11, U ~ x 2 ~,U d Q ; CP 1 Cedar Grove Redevelopment-Core Area 1/16/2007 Properties Remaining for Acquisition County Assessed Value Map ID Tax ID Owner Name Land Value Bldg Value Total Value Acres 1 101690104001 MINNESOTAS CREDITUNION $210,600.00 $257,900.00 $468,500.00 0.7 2 101690103000 MINNESOTAS CREDITUNION $9,000.00 $0.00 $9,000.00 0.1 3 101690104000 MINNESOTAS CREDITUNION $18,800.00 $0.00 $18,800.00 0.3 4 101685006001 MARK S TSTE PARRANTO $44,900.00 $0.00 $44,900.00 0.2 5 101685005001 MARK S TSTE PARRANTO $14,500.00 $0.00 $14,500.00 0.1 6 101685004001 MARK S TSTE PARRANTO $13,800.00 $0.00 $13,800.00 0.1 7 101685003101 MARK S TSTE PARRANTO $37,700.00 $253,600.00 $291,300.00 0.2 8 101685012301 AMERICAN ACCOUNTS& $25,200.00 $220,400.00 $245,600.00 0.1 ADVISORS INC 9 101685012201 AMERICAN ACCOUNTS& $20,400.00 $176,200.00 $196,600.00 0.1 ADVISORS INC 10 100190001102 BERNARD J MULCAHYCO INC $770,400.00 $0.00 $770,400.00 1.3 11 101370007001 RANDALL J & SANDRA K QUAM $136,800.00 $195,300.00 $332,100.00 0.6 12 101370004001 LARSON TRAINING SERVICES $188,700.00 $47,900.00 $236,600.00 0.9 INC 13 101370002001 STRATFORD HOLDINGLLC $202,700.00 $177,200.00 $379,900.00 0.9 14 100190001003 U-HAUL REAL ESTATE CO $177,600.00 $6,200.00 $183,800.00 0.7 15 100190005008 JEFFREY D & SARAH J $61,900.00 $52,000.00 $113,900.00 0.3 SCHENDEL 16 100190003008 JAMES W NULL $95,000.00 $35,500.00 $130,500.00 0.4 17 100190009008 JEFFREY SCHENDEL $117,200.00 $75,40D.00 $192,600.00 0.5 18 100190010008 WING K SETO $124,700.00 $112,200.00 $236,900.00 0.7 19 100190007306 LAWRENCE D & LESLIE $24,000.00 $59,400.00 $83,400.00 0.0 HAUGEN 20 101690101000 BASSIL DYAB $8,300.00 $0.00 $8,300.00 0.2 21 101690102001 BASSIL DYAB $309,200.00 $21,000.00 $330,200.00 1.3 22 101370006001 KELLY & CONNIE PLOURDE $101,300.00 $154,100.00 $255,400.00 0.5 23 101370005001 JAMAL D ANSARI $172,900.00 $66,100.00 $239,000.00 0.8 24 101370001001 SUPERIOR COLLISION & PAINT $221,700.00 $388,500.00 $610,200.00 1.0 INC 25 100190002007 STEVE J & JANE M MARTIN $176,300.00 $193,900.00 $370,200.00 0.8 26 100190001008 SINCLAIR MARKETING INC $346,000.00 $19,900.00 $365,900.00 1.6 Total Value $6,142,300.00 14.3 Page 1 of 1 Agenda Information Memo Eagan Economic Development Authority Meeting March 20, 2007 F. OTHER BUSINESS G. RECESS TO EXECUTIVE SESSION The EDA will be asked to hold an executive session to discuss to discuss the possible acquisition of the Mediterranean Cruise property, located 3446 Sibley Memorial Highway in the Cedar Grove Redevelopment District. The EDA will go to closed session and will not adjourn this meeting until the closed session is completed.