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07/05/2011 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING JULY 5, 2011 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE 2 II. ADOPT AGENDA `7 III. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) �7 A. APPROVE MINUTES P f� B. PERSONNEL ITEMS j8 C. APPROVE Check Registers D. APPROVE Change in Management of the On -Sale 3.2 Percent Malt Liquor (Beer) and Wine License for Smashburger Acquisition - Minneapolis, LLC, dba Smashburger P E. APPROVE Tree Maintenance Contractor License for Pete Strand, Xtreme Tree Team P vZ) F. APPROVE Tree Maintenance Contractor License for Ronald Vieths, Absolute Tree Service P, aDG. DIRECT Preparation of Ordinance Amendment to Permit City to Provide for Electrical Inspections and SCHEDULE a Public Hearing to consider fees for services on July 19, 2011 (�3 H. AUTHORIZE preparation of an Agreement to provide electrical inspections services in the absence of state contract inspector services I. APPROVE Emergency Siren Access Easement for former Fire Station #2 property at 2980 Lone Oak Circle P a5 J. CANCEL the July 12, 2011 Special City Council Meeting P. D4 K. APPROVE a Resolution adopting and implementing the performance benchmarks developed by the Council on Local Results and Innovation c3q L. APPROVE a reallocation of resources among various City funds M. Approve Plans & Specifications/ Authorize Ad for Bids, Contract 11 -05 High Pressure Zone Water Main Improvements 12 N. Approve Plans & Specs for Contract 11 -11, City -Wide Trail Improvements PAC� O. Award Contract 11 -08, Cedar Grove Boulevard Street & Utility Improvements Pt15 P. Approve Contract 11 -12, Traffic Signal Painting (TH 3 at Red Pine Lane and TH 55 at Eagandale Blvd) Q 4A Q. AUTHORIZE Phase II of the Eagan Colocation Facility Feasibility Study �R. APPROVE the purchase of weight equipment from Rasmussen College to be installed in the Civic Arena and make the necessary adjustments to the 2011 budget P S. APPROVE Tree Maintenance Contractor License for Randy Newton, Newton's Tree & Stump Service, LLC _S3 T. APPROVE Sound Amplification Permit for American Cancer Society Relay for Life at 1501 Central Parkway P Up U. APPROVE Electronic Signature User Agreement with the Minnesota Pollution Control Agency V. PUBLIC HEARINGS ( A. FINAL Assessment Hearing, Project 1033 (Cliff Rd. — Trunk Watermain) VI. OLD BUSINESS VII. NEW BUSINESS g A. PLANNED DEVELOPMENT AMENDMENT — Qdoba Restaurant Corp. - A Planned Development Amendment to allow a Class II restaurant, additional building signage, outdoor patio and on -sale liquor located at 1298 Promenade Place 1 B. CONDITIONAL USE PERMIT — Eagan General Repair- A Conditional Use Permit to allow outdoor storage of trailers, vehicles, construction equipments and associated material located at 3650 Kennebec Drive P C. PLANNED DEVELOPMENT AMENDMENT — Gopher Resources - A Planned Development Amendment to allow outdoor storage of semi - trailer trucks and expansions to the corporate office building and two other processing and warehouse buildings, as well as to the plastics recycling building located at 3365 & 3385 Dodd Road D CONDITIONAL USE PERMIT — Minnesota Autism Center - A Conditional Use Permit to allow a school located at 3800 Tesseract Place VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY 9 g A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 300 1. APPROVE EDA Minutes D. OLD BUSINESS E. NEW BUSINESS 1. APPROVE Resolution regarding Interfund Loan for Cedar Grove Redevelopment District F. OTHER BUSINESS G. ADJOURN X. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development XI. VISITORS TO BE HEARD (for those persons not on the agenda) XII. CLOSED SESSION XIII. ADJOURNMENT 4 City of Eapn In TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JULY 1, 2011 SUBJECT: AGENDA INFORMATION FOR JULY 5, 2011 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the July 5, 2011 City Council agenda, the following items are in order for consideration. �7 Agenda Information Memo July 5, 2011 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 June 21, 2011 Regular City Council meeting, minutes of the June 14, 2011 Special City Council meeting and minutes of the June 14, 2011 Special City Council retreat as presented or modified. ATTACHMENTS: Minutes of the June 21, 2011 Regular City Council meeting are enclosed on page through ';�' . Minutes f the June 14, 2011 Special City Council meeting are enclosed on pages through _r . Minutes of the June 14, 2011 Special City Council retreat are enclosed on page MINUTES OF A REGULAR MEETING OF THE DRAFT EAGAN CITY COUNCIL Eagan, Minnesota JUNE 21, 2011 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. Diane Lind, Executive Director of the Dakota Communications Center, gave an update on the operations at the Dakota Communications Center (DCC). A regular meeting of the Eagan City Council was held on Tuesday, June 21, 2011 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. Also present were City Administrator Tom Hedges, Assistant to the City Administrator Miller, Director of Administrative Services VanOverbeke, Director of Community Development Hohenstein, City Planner Ridley, Communications Director Garrison, Chief Financial Officer Pepper, City Engineer Matthys, Police Chief McDonald and Fire Chief Scott. AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as presented. Aye: 5 Nay:0 RECOGNITIONS AND PRESENTATIONS James Sullivan, Executive Director of the Minnesota Committee for Employers Supportive of Guard and Reserve Personnel for the United States Department of Defense, was present and presented two Patriot Awards to the Mayor and City Councilmembers recognizing the City and the Eagan Police Department. Per City Council consensus, the Mayor signed a statement of support for the National Guard and Reserve. Director of Communication Garrison recognized E -TV personnel responsible for the Northern Lights Award from the Minnesota Association of Government Communications and shared the awards with the City Council. Wayne Beckman was recognized for 31 years of service with the City of Eagan. CONSENT AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the June 7, 2011 regular City Council meeting as presented B. Personnel Items: 1. It was recommended to acknowledge the resignation of Wayne Beckman, Streets Maintenance Worker, and authorize his replacement 2. It was recommended to approve the hiring of Seasonal Employees in Parks and Recreation and Utilities 3. It was recommended to approve the amendments to City Personnel Policy: 1) language regarding social media in Sec. 3 of the City of Eagan Information Technology Policy and 2) language regarding political activities of employees added to Sec. 28 of the Personnel Policy C. It was recommended to approve the check registers D. It was recommended to authorize the Fire Department to seek bids for a 2012 replacement Fire Engine E. It was recommended to approve 2011 -2012 Massage Therapy Establishment License Renewals F. It was recommended to approve 2011 -2012 Amusement Device License Renewals G. It was recommended to authorize advanced acquisition of private street signage (2012 CIP) H. It was recommended to approve Change Order No. 2 for Contract 11 -01, Citywide Street Improvements I. It was recommended to approve Wetland Replacement, Lebanon Hills Regional Park Improvements J. It was recommended to approve Change Order No. 6 for Contract 09 -20, Fire Safety Center K. It was recommended to approve Change Order No. 1 for Contract 09 -18, Duckwood Drive Overpass L. It was recommended to approve final payment for Contract 11 -10, Fish Lake In -Lake Alum Dosing M. It was recommended to approve a Joint Power Agreement with the State of Minnesota to join a Multi- Agency Task Force to combat Internet crimes related to children N. It was recommended to approve a Resolution accepting a Grant Award from the State of Minnesota for two squad car video cameras City Council Meeting Minutes June 21, 2011 2 page DRAFT O. It was recommended to approve Grant Agreement with the Minnesota Department of Employment and Economic Development for the Cedar Grove Boulevard construction project P. It was recommended to appoint City Administrator as Alternate to the MSP Noise Oversight Committee (NOC) Q. It was recommended to approve application for Exempt Permit for Missions, Inc. Programs to hold a raffle at the Eagan Funfest on July 4, 2011 R. It was recommended to approve the 2011 Funding Commitment for extending City fiber and authorize preparation and issuance of RFPs for construction S. It was recommended to approve a Resolution to accept a Grant from Very Special Arts Minnesota for capital improvements for accessibility in the Eagan Art House Pottery Studio and approve any necessary changes to the 2011 Budget 2010 COMPREHENSIVE ANNUAL FINANCIAL REPORT City Administrator Hedges introduced this item regarding the 2010 Comprehensive Annual Financial Report. Matt Mayer of Kern, DeWener, Viere, Ltd. made a presentation. Mayor Maguire commended Administrative Services Director VanOverbeke, Chief Financial Officer Pepper, Assistant to the City Administrator Miller and City Administrator Hedges for their work. The Mayor also commended the City Council and Department Directors for efforts to preserve Eagan's fiscal resources. The City Council acknowledged receipt of the report. Bakken moved; Fields seconded a motion to accept the 2010 Comprehensive Annual Financial Report. Aye: 5 Nay: 0 VACATION OF DRAINAGE & UTILITY EASEMENT, OUTLOTS A & E STONEHAVEN 1 sT ADDITION; APPROVE EASEMENT VACATION, FINAL PLANNED DEVELOPMENT FOR STONEHAVEN 2ND ADDITION City Administrator Hedges introduced this item regarding the easement vacation, Outlots A & E Stonehaven I" Addition, Final Planned Development and Final Plat, Stonehaven 2 Addition — Lennar Corp. City Engineer Matthys gave a staff report regarding the easement vacation. Mayor Maguire opened the public hearing. There being no public comment, Mayor Maguire closed the public hearing and turned discussion to the Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to close the Public Hearing and approve the vacation of public drainage, utility and street easements as described within Outlots A & E, Stonehaven l Addition. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Final Planned Development, Stonehaven 2 Addition, for 53 single- family lots, 24 twinhome units, located west of Wescott Woodlands along Duckwood Drive. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Final Plat, Stonehaven 2nd Addition, for 53 single - family lots, 24 twinhome lots, located west of Wescott Woodlands along Duckwood Drive. Aye: 5 Nay: 0 CONTRACT 11 -08, CEDAR GROVE BOULEVARD STREET & UTILITY IMPROVEMENTS City Administrator Hedges introduced the item regarding Contract 11 -08, Cedar Grove Boulevard street and utility improvements. City Engineer Matthys gave a staff report. Community Development Hohenstein provided additional input on the proposed project funding. City Council discussed the project and alternatives. A City Council Meeting Minutes June 21, 2011 3 page DRAFT Councilmember Bakken moved, Councilmember Tilley seconded a motion to direct Contract H -08, designating the Phase I alternate bid, including the parking lot, trail and conduit as the preferred option, and continue formal consideration of the Contract to the July 5, 2011 Council meeting. Aye: 5 Nay: 0 ORDINANCE AMENDMENT TO CHAPTER 11 RELATIVE TO ESTABLISHING A ZONING PERMIT City Administrator Hedges introduced the item relative to an Ordinance Amendment. City Planner Ridley gave a staff report. The City Council discussed the proposed Zoning Permit process. Ridley noted that the Ordinance Amendment does not create any new regulations, but is proposed to prevent problems with improvements being made without all regulations being satisfied and no fees are intended at this time. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve an Ordinance Amendment to Chapter 11, Section 11.70, by adding Subdivision 29, Zoning Permit, as a Performance Standard. Aye: 5 Nay: 0 NEW BUSINESS There were no New Business items. LEGISLATIVEANTERGOVERNMENTAL AFFAIRS UPDATE There were no legislative / intergovernmental affairs updates. The regular City Council meeting was recessed to immediately convene a meeting of the Economic Development Authority. The City Council reconvened to their regular meeting. ADMINISTRATIVE AGENDA CITY COUNCIL COMMENTS Councilmember Bakken wished everyone a happy summer solstice. Councilmember Fields reminded everyone of the Eagan Art Festival scheduled for June 25 and June 26 at the Eagan Community Center Festival Grounds. Mayor Maguire gave a reminder of the Fire Safety Center Grand Opening on Thursday, June 23, from 5:00 to 8:00 p.m. Councilmember Tilley noted the Marketfest event scheduled for Wednesday, June 22, from 4:00 to 8:00 p.m. DIRECTOR OF PUBLIC WORKS 1. City Engineer Matthys provided an overview of the preparation of a Surface Transportation Program (STP) funding application for Project 1011, TH 55, south TH 149 intersection to north TH 149 intersection — 6 -lane upgrade. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Resolution supporting a Surface Transportation Program (STP) funding application for Project 1011 and authorize SRF Consulting Group, Inc. to assist with the preparation of said STP funding application. Aye: 5 Nay: 0 The Council recommended conduit installation to be explored with the Project. VISITORS TO BE HEARD Dan Reisdorfer, residing on Dolores Lane and who is an independent business consultant, offered his assistance to the City to review zoning laws in Eagan that he believes requires changes. Mayor Maguire encouraged Mr. Reisdorfer to work with City Administrator Hedges. 1 City Council Meeting Minutes June 21, 2011 4 page ADJOURNMENT AF T Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 8:35 p.m. Aye: 5 Nay: 0 Date Mayor Clerk MINUTES SPECIAL CITY COUNCIL MEETING TUESDAY, JUNE 14, 2011 5:30 P.M. EAGAN ROOM — EAGAN MUNICIPAL CENTER City Council members present: Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. City Staff present: City Administrator Hedges, Assistant to the City Administrator Miller, Director of Administrative Services VanOverbeke, Communications Director Garrison, Community Development Director Hohenstein, City Planner Ridley, and Parks and Recreation Director Seydell Johnson. I. ROLL CALL AND ADOPTION OF THE AGENDA Councilmember Fields moved, Councilmember Hansen seconded a motion to approve the agenda as presented. Aye: 4 Nay: 0 (Councilmember Bakken not yet present.) II. VISITORS TO BE HEARD There were no visitors to be heard. III. CITY FIBER EXTENSION City Administrator Hedges introduced the item noting that on January 4, 2011 the Eagan City Council accepted the 2010 report and recommendations of the City's broadband consultant which emphasized a twin strategy of seeking to attract a state -of -the -art colocation facility to position Eagan as a telecommunications hub for multiple providers while at the same time extending City fiber and duct to business locations in the City for open access use by any provider offering telecommunications services to Eagan businesses. Councilmember Bakken arrived at 5:35 p.m. Communications Director Garrison further summarized the purpose of the fiber extension recommendation of the Council's Finance Committee. Garrison noted that the workshop tonight is intended as an opportunity for discussion, with final consideration being scheduled for a future City Council meeting. Director Garrison summarized the business market and build -out assumptions and the financial summary for the proposed fiber extension. Director of Administrative Services VanOverbeke provided additional information regarding the proposed financial summary. The Finance Committee, consisting of Mayor Maguire and Councilmember Bakken, commented on the fiber proposal. The Committee members noted the approximate $2.1 million startup investment that would be needed, but added that there would be no increased burden on the taxpayer and an exit strategy has been developed if needed, which would be expected to recoup the City's investment. Special City Council Minutes June 14, 2011 Page 2 The City Council discussed the fiber extension proposal. Director Garrison clarified that the fiber extension project is not dependent on the proposed colocation facility. There was City Council consensus to include an item on the June 21 City Council Consent Agenda to approve the recommendation of the Finance Committee with regard to the allocation of funds needed for the first year of the project and to authorize the issuance of necessary RFP's. The City Council also voiced their consensus for the proposed 4 -year funding plan for the project. IV. RENTAL REGISTRATION ORDINANCE City Administrator Hedges introduced the item, noting that the topic of rental registration was discussed with the City Council's Public Works Committee in March of 2011. Hedges added that the subcommittee determined there was value to public safety and zoning enforcement to have such a registration program in place. Hedge clarified that the program being proposed is simply a registration program rather than a licensing program. Community Development Director Hohenstein provided additional information regarding the proposed ordinance and noted the recommendation of the Opportunity City Program for the City to pursue such a registration program. Director Hohenstein acknowledged Lisa Peilen of Minnesota Multi Housing Association who was in the audience. City Planner Ridley expanded on the purpose of the registration program, noting that the proposed registration program is not meant to add additional layers of government and regulations; rather, the program is intended to get appropriate information for the purposes of public safety, code enforcement, etc. The City Council discussed the proposed program and it was noted that there is no fee proposed at this time for participation in the program. Director Hohenstein noted that staff would like the opportunity to learn how the program impacts the City and may consider recommending a fee in the future if added costs are incurred. The City Council and staff discussed the anticipated communication efforts planned as part of the program. Councilmember Hansen moved, Councilmember Fields seconded a motion to direct preparation of the rental registration ordinance. Aye: 5 Nay: 0 V. CITY APPROACH TO SOCIAL MEDIA City Administrator Hedges introduced the item noting that in response to the City Council's goals, a cross - departmental team has reviewed social media policies and approaches to develop a social medial approach for the City of Eagan. Hedges added that it is the consensus of the cross - departmental team to recommend that the City expand its social media presence by creating one City Facebook page capable of supporting content from all City departments. Hedges noted that such an approach could be evaluated after a three month trial period. Special City Council Minutes June 14, 2011 Page 3 Communications Director Garrison further summarized the proposed approach to social media, and also commented on the City's launch of a recently redesigned website meant to provide greater visual identity, support and flexibility for growing Eagan's social media presence. Parks and Recreation Director Seydell Johnson summarized the social media pilot project that has occurred over the past year within Parks and Recreation. The City Council discussed the proposed approach to the City's social media efforts. The Council provided direction to staff to proceed with the proposed approach to social media and add a formal social media policy to the June 21, 2011 City Council Consent Agenda. VI. 2012 GENERAL FUND BUDGET UPDATE City Administrator Hedges provided an update on the 2012 General Fund Budget preparations. Hedges noted that the City Administrator's recommended budget is scheduled to be presented to the City Council for formal and detailed review by the Council in August. Hedges noted that Department Directors have been instructed to prepare status quo budgets with increases only for inflation, excluding personnel adjustments. There was City Council consensus to continue with the 2012 General Fund Budget preparation as presented. City Administrator Hedges noted to the City Council that the comprehensive annual financial report, which includes budget trends, will be presented to the City Council at the June 21, 2011 City Council meeting. VII. OTHER BUSINESS There was no Other Business. VIII. ADJOURNMENT Councilmember Fields moved; Councilmember Tilley seconded a motion to adjourn the workshop at 6:40 p.m. Aye: 5 Nay: 0 MINUTES SPECIAL CITY COUNCIL RETREAT TUESDAY, JUNE 14, 2011 7:00 P.M. (approximately) FIRE SAFETY CENTER — LOWER LEVEL CONFERENCE ROOM City Council members present: Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. City Staff present: City Administrator Hedges I. ROLL CALL AND ADOPTION OF THE AGENDA Councilmember Tilley moved, Councilmember Fields seconded a motion to adopt the agenda as presented, with an additional item under Other Business to discuss the impacts of a potential state shutdown. Aye: 5 Nay: 0 II. VISITORS TO BE HEARD There were no visitors to be heard. 111. 2011-2012 CITY GOALS UPDATE The City Council received an update from City Administrator Hedges on the progress to- date on the 2011 -2012 City Goals. IV. OTHER BUSINESS City Administrator Hedges provided a brief update on the potential impacts to the City in the event of a state shutdown. Hedges noted that a shutdown could impact grants, public improvements, inspections, etc. The City Council asked for additional and ongoing updates on the impacts of a state shutdown should one occur. V. ADJOURNMENT The City Council adjourned the retreat at 9:00 p.m. 10—� Agenda Information Memo July 5, 2011 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. ACTION TO BE CONSIDERED: Approve title change and reclassification of "Assistant to the City Administrator" to "Assistant City Administrator ". FACTS: • The Assistant to the City Administrator's duties have evolved and developed to a higher level of responsibility and visibility including the following: • Increased involvement and assistance to the City Administrator in the overall management and operations of the City. • Serving as City of Eagan Representative for various Commissions and Community Groups. • Enhanced involvement in City Wide Budgeting process. • Increased supervisory responsibilities. • Increased involvement with media relations. • The classification changes from a Level 11 to a Level 13 per the City's job classification system. • The changes are effective for the payroll period beginning June 19, 2011. 13 Agenda Information Memo July 5, 2011 Eagan City Council Meeting B. PERSONNEL ITEMS Item 2. ACTION TO BE CONSIDERED: Approve the hiring of Seasonal Employees in Parks & Recreation, Finance & Utilities: Name Division Job Title Gina Zeidler Cascade Bay Fitness Instructor Christopher Allan Cascade Bay Guest Relations Kelsey Berryman Cascade Bay Guest Relations Alexa Cartwright Cascade Bay Guest Relations Ryan Osgar Cascade Bay Guest Relations Andrew Stoker Cascade Bay Guest Relations Andrew Knutson Cascade Bay Lifeguard Kelsey McGuire Cascade Bay Lifeguard Annelise Christensen Cascade Bay Pool Attendant Matthew Gleason Cascade Bay Pool Attendant Amy Sun Finance Finance Intern Alex Kabakov Parks & Rec PT Overnight Custodian Nick Olson Parks & Rec PT Overnight Custodian Johan Hedblom Utilities Seasonal GIS Kayla Ruth Utilities Seasonal GIS Jacob Grotta Utilities Utility Maintenance Worker Item 3. ACTION TO BE CONSIDERED: Approve title change and reclassification of "Assistant to the City Administrator" to "Assistant City Administrator ". FACTS: • The Assistant to the City Administrator's duties have evolved and developed to a higher level of responsibility and visibility including the following: o Increased involvement and assistance to the City Administrator in the overall management and operations of the City. 1 14 o Serving as City of Eagan Representative for various Commissions and Community Groups. • Enhanced involvement in City Wide Budgeting process. • Increased supervisory responsibilities. • Increased involvement with media relations. • The classification changes from a Level 11 to a Level 13 per the City's job classification system. • The changes are effective for the payroll period beginning June 19, 2011. Item 4. ACTION TO BE CONSIDERED: Approve Final phase of ECC Re- organization: 1. Reclassify the Government Buildings Supervisor from Level 11 to Level 12. 2. Recruit for a Training/Office Support Specialist for the Eagan Community Center /Civic Arena. FACTS: 1. Government Buildings Supervisor The proposed organizational change reflects a change due to expanded duties that were assigned to the Government Buildings Supervisor in the Spring of 2009. The position plays an expanded role in the day -to -day operations of all government facilities including the Municipal Center, ECC, Eagan Fire Stations, and the Fire Safety Center. 2. Training/Office Support Specialist • In September 2010, the Facilities Operations Coordinator position at the ECC was vacated due to resignation. Since then several staff changes have been made to consolidate service delivery and re- distribute the staff once supervised by the Facility Operations Coordinator and the workload left by this vacancy was re- distributed as much as possible between the Rental Coordinator and the Fitness Coordinator. • At the City Council meeting on April 20, 2011, staff reported that evaluation would continue to determine what staffing model(s) may be needed going forward in order to address how to address the remaining workload. 2 Is • The analysis is now complete and it has been determined that the 40 hour per week vacant position of Facility Operations Coordinator should be re- aligned to a 30 hour per week Training/Office Support Specialist. • The new position would perform duties that were not absorbed by the Rental & Service Supervisor and Fitness & Service Supervisor. Primary duties will include; • Provide and account for training for all new ECC /Civic arena employees; maintain Training and Safety records for all personnel at ECC /Civic Arena. • Provide CPR and First Aide training to personnel as directed. • Provide administrative support to the Rental & Service Supervisor and Fitness & Service Supervisor. o Serve as Guest Services back up. 3. Costs for Re- organization: Current available financial resources: $49,357 (available from the vacant Facility Operations Coordinator position) Government Buildings Supervisor position re- classification will incur a total annual cost of approximately $1955. Training/Off ce Support Specialist position will incur a total annual cost including wages and benefits of approximately $37,240. 3 ]to Agenda Memo April 20, 2011 City Council Meeting ITEM 5: ACTION TO BE CONSIDERED: • Ratify Collective Bargaining Agreement for Teamsters Local 320, Public Works /Park Maintenance Unit for January 1, 2011 — December 31, 2012. FACTS: • The Public Works /Park Maintenance Unit voted to ratify the tentative agreement on June 30, 2011. • Contract language includes: o Wage adjustments as follows: January 1, 2011 — December 31, 2011 — no increase. January 1, 2012 - 1% increase. July 1, 2012 - 1% increase. o Other non -wage modifications to the contract are slight and are within the parameters set by the City Council. ATTACHMENT: A complete copy of the Contract is available from the Office of the City Administrator, if any member of the City council would like one. 1-7 Agenda Information Memo July 5, 2011 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated June 2, 2011, June 16, 2011 and June 23, 2011 as presented. ATTACHMENTS: • Check registers dated June 2, 2011, June 16, 2011 and June 23, 2011 are enclosed without page number. Agenda Information Memo July 5, 2011, Eagan City Council Meeting D. APPROVE CHANGE IN MANAGEMENT ON THE ON -SALE 3.2 PERCENT MALT LIQUOR (BEER) AND WINE LICENSE FOR SMASHBURGER ACQUISITION- MINNEAPOLIS, LLC, DBA SMASHBURGER ACTION TO BE CONSIDERED: To approve a change in management on the On -Sale 3.2 Percent Malt Liquor (Beer) and Wine License for Smashburger Acquisition - Minneapolis, LLC, dba Smashburger, located at 1270 Promenade Place. FACTS: ➢ A change in management has occurred at the above referenced location. A new officer of Smashburger Acquisition, LLC, David Prokupek, has completed the necessary forms and paid the appropriate investigation fee. ➢ The Eagan Police Department has conducted an investigation of the new manager and finds no reason for denial. ATTACHMENTS (0): (The complete application is available from the Office of the City Clerk.) I Agenda Information Memo July 5, 2011, Eagan City Council Meeting E. APPROVE TREE MAINTENANCE CONTRACTOR LICENSE FOR PETE STRAND, XTREME TREE TEAM. ACTION TO BE CONSIDERED: To approve a Tree Maintenance Contractor License for Pete Strand, Xtreme Tree Team, 218 Logan Avenue West, West St. Paul, MN. FACTS: ➢ Pete Strand, owner of Xtreme Tree Team, has applied for a Tree Maintenance Contractor License for 2011. All requirements of the application have been met and the fee has been paid. ➢ Staff recommends approval. ATTACHMENTS (0): (The complete application is available from the Office of the City Clerk.) Agenda Information Memo July 5, 2011, Eagan City Council Meeting F. APPROVE TREE MAINTENANCE CONTRACTOR LICENSE FOR RONALD VIETHS, ABSOLUTE TREE SERVICE ACTION TO BE CONSIDERED: To approve a Tree Maintenance Contractor License for Ronald Vieths, Absolute Tree Service, 2310 Sumac Circle, Woodbury, MN. FACTS: ➢ Ronald Vieths, owner of Absolute Tree Service, has applied for a Tree Maintenance Contractor License for 2011. All requirements of the application have been met and the fee has been paid. ➢ Staff recommends approval. ATTACHMENTS (0): (The complete application is available from the Office of the City Clerk.) CZ/ Agenda Information Memo Eagan City Council Meeting Consent Agenda July 5, 2010 G. DIRECT PREPARATION OF AN ELECTRICAL INSPECTIONS ORDINANCE ACTION TO BE CONSIDERED: To direct preparation of an ordinance amendment to provide for electrical inspections and schedule a public hearing on July 19, 2011, to consider the establishment of fees for the service. FACTS: ➢ Electrical permits and inspections in Eagan are provided by a state contract inspector. The City has been informed that in the event of a state government shutdown, that contract will be suspended and they would not be available to persons needing those services in Eagan. ➢ Staff has identified alternatives to provide those services through a consulting contract in which the costs of the service may be passed through. In order to consider one of the alternatives, it is necessary for the City to enact an ordinance to provide for that authority. ➢ If the shutdown occurs, it would be appropriate to move forward with one of the alternatives and take the steps necessary to permit the City to enter into a service agreement for the service. The action above would be the first of those steps. ATTACHMENTS: ➢ None Agenda Information Memo Eagan City Council Meeting Consent Agenda July 5, 2010 H. AUTHORIZE PREPARATION OF AN ELECTRICAL INSPECTIONS SERVICE AGREEMENT ACTION TO BE CONSIDERED: To authorize the preparation of a service agreement to provide for the provision of electrical inspections. FACTS: ➢ Electrical permits and inspections in Eagan are provided by a state contract inspector. The City has been informed that in the event of a state government shutdown, that contract will be suspended and they would not be available to persons needing those services in Eagan. ➢ Staff has identified alternatives to provide those services through a consulting contract in which the costs of the service may be passed through. Options include contracting with a private service or with another community that has an electrical inspector on staff. ➢ If the shutdown occurs and subject to the consideration of an ordinance to authorize the City to provide the service directly, staff requests authorization to prepare a service agreement with a selected provider to provide for permits and inspections during that time. The agreement itself would be brought back for Council approval following approval of the related ordinance. ATTACHMENTS: ➢ None Q3 Agenda Information Memo Eagan City Council Meeting Consent Agenda July 5, 2010 I. APPROVE SIREN ACCESS EASEMENT FOR 2980 LONE OAK CIRCLE ACTION TO BE CONSIDERED: To approve an easement for access to a City emergency siren at 2980 Lone Oak Circle. FACTS: ➢ As part of its sale of the former Fire Station #2 at 2980 Lone Oak Circle, the City plans to retain an easement for access to one of its emergency sirens, which is located on the property, for maintenance purposes. ➢ The easement agreement is in negotiation between the City Attorney and the attorney for the buyer. If it is finalized in time for Tuesday's meeting, it will be in order for consideration by the City Council. If not, staff will ask that the item be pulled at the time the agenda is adopted. ATTACHMENTS: ➢ Easement available upon request. air Agenda Information Memo July 5, 2011 City Council Meeting J. CANCEL THE JULY 12, 2011 SPECIAL CITY COUNCIL MEETING ACTIONS TO BE CONSIDERED: To cancel the July 12, 2011 Special City Council Meeting. FACTS: • It is proposed that the City Council cancel the July 12 Special City Council meeting. • The City Council can then resume their workshop schedule in August. ATTACHMENTS: • There are no attachments. r Agenda Information Memo July 5, 2011 Eagan City Council Meeting K. APPROVE A RESOLUTION ADOPTING AND IMPLEMENTING THE PERFORMANCE BENCHMARKS DEVELOPED BY THE COUNCIL ON LOCAL RESULTS AND INNOVATION ACTION TO BE CONSIDERED: To approve a resolution adopting and implementing the performance benchmarks developed by the Council on Local Results and Innovation. FACTS: • The 2010 State Legislature enacted legislation calling for the Council on Results and Innovation to establish a standard set of performance measures for cities. • The performance measures are intended to aid residents, taxpayers, and state and local elected officials in determining the efficacy of cities in providing services. • The Council established these performance measurements and is soliciting voluntary participation in 2011 through the Office of the State Auditor. • In addition to the results generated from participation, benefits to participating cities include remuneration of $0.14 per capita and exemption from levy limits for the participating year (calendar year 2012). • Sufficient flexibility exists to allow a city to participate on both a cost effective and activity- specific basis. ATTACHMENTS: Enclosed is a copy of the resolution on pages a7 and E CITY OF EAGAN RESOLUTION NO. RESOLUTION APPROVING PERFORMANCE MEASURES WHEREAS, the State Legislature created the Council on Local Results and Innovation; and WHEREAS, the Council released a standard set of performance measures for counties and cities that will aid residents, taxpayers and state and local elected officials in determining the efficacy of counties and cities in providing services and measure residents' opinions of those services; and WHEREAS, cities and counties that choose to participate in the new performance measurement program may be eligible for a reimbursement from Local Government Aid and exemption from levy limits. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eagan does hereby approve the following Performance Measures and will publish the results of the Performance Measures prior to December 31, 2012. Performance Indicator General Citizen survey - quality of services Citizen survey - overall appearance Percent change in the taxable property market value Police Citizen survey rating safety or ...Part I and II crime rates Police response times Fire Citizen survey - quality of services or ISO rating Fire response times Streets Citizen survey - quality of road conditions or... Average pavement condition rating. Citizen survey - quality of snow plowing Water Citizen survey - quality and dependability Operating cost per million gallons Sanitary sewer Citizen survey - quality and dependability Number of sewer blockages Parks and Recreation Citizen survey - quality of services �0 APPROVED by the City Council of the City of Eagan, Minnesota, this 5 day of July 2011. CITY OF EAGAN ATTEST: Christina M. Scipioni, City Clerk Mike Maguire, Mayor ae� Agenda Information Memo July 5, 2011 Eagan City Council Meeting L. APPROVE A REALLOCATION OF RESOURCES AMONG VARIOUS CITY FUNDS ACTION TO BE CONSIDERED: 1. To approve a reallocation of resources among various City funds to include the following: A. Fund to Fund Transfers: a. $2,250,000 from the Housing Fund to the Cedar Grove TIF Fund. b. $3,500,000 from the Workers' Compensation Fund to the Fire Safety Center Construction Fund. c. $1,000,000 from the Risk Management Fund to the Fire Safety Center Construction Fund. d. $365,000 from the Benefit Accrual Fund to the Fire Safety Center Construction Fund. e. $1,500,000 from the General Fund Fund Balance to the Fire Safety Center Construction Fund. f. $2,000,000 (approximately) from the Community Investment Fund (CIF) to the Fire Safety Center Construction Fund. * g. $510,000 from the Cable TV Franchise Fees Fund to the Fiber Infrastructure Fund to finance previous construction and consulting studies. ** h. $1,000,000 from Antenna Lease Revenues to the Fiber Infrastructure Fund (finances the year one commitment to fiber extensions). * The exact amount of the transfer from the CIF will be determined at the time of final close out of the costs for the construction of the Fire Safety Center. The CIF will advance the necessary dollars to provide for the close out and will receive the lease payments for the old Fire Administration building in the short term and the sale proceeds upon future sale of the building. Transfers b. through f. total $8,365,000 and eliminate any bond financing and /or tax levies from paying for the construction of the new Fire Safety Center. ** The existing "Fiber Conduit Ring Fund" is renamed the "Fiber Infrastructure Fund ". The transfer capitalizes the previous fiber and conduit investment ($300,000), finances 2011 Design Nine consulting fees related to fiber extensions ($25,000), and finances the Phase I and Phase 11 studies ($185,000) related to colocation. B. Restricted Cash Account Transfers Within Public Utilities: a. $3,547,849 from the Water System Bonds account to the Storm Drainage Renewal & Replacement account. b. All future connection charges related to treatment plant construction are directed to the Water Supply & Storage account. c. The user rate component for treatment plant construction is to be removed from the 2012 rate structure and all collections prior to that time are to be deposited into the Water Supply & Storage account. 2. To transfer all assets from the Storm Water Trunk Fund, the Water Trunk Fund, and the Sanitary Sewer Trunk Fund to a new Combined Utility Trunk Fund 3. To approve a resolution providing for the advance of funds ($15,000,000) from the Combined Utility Trunk Fund to the Cedar Grove TIF Fund. (The terms of the advance are included in the note to be approved by the Eagan Economic Development Authority.) 4. To direct staff to review options to provide a $400,000 annual tax levy for the Park Systems Development and Renewal & Replacement Fund. FACTS: • In 2010 upon review of the December 31, 2009 Comprehensive Annual Financial Report amid the State's continuing budget problems and during preparation of the City's 2011 budgets, the City Council directed the Finance Committee to review the financial status of all City funds. • At the March 8, 2011 Finance Committee Meeting Director of Administrative Services VanOverbeke provided an overview of City funds, which the Committee discussed. • At the June 2, 2011 Finance Committee Meeting Director of Administrative Services VanOverbeke provided further information and reviewed a possible scenario regarding possible fund transfers. • At both meetings, within the material presented and in the discussion it was noted that the following funds have available resources that could potentially be redirected by the City Council: • Housing • Cable TV Franchise Fees • Community Investment • Utility Trunk Funds ■ Storm Sewer Trunk 1 • Water Trunk • Sanitary Sewer Trunk • Benefit Accrual • Risk Management • Workers' Compensation Self Insurance The City's General Fund balance has resources available resulting from 2010 operations. An improvement on the revenue side combined with continuing tight expenditure budgeting and controls, resulted in a significant increase to the fund balance at December 31, 2010. Consequently, some dollars ($1,500,000) from that source are included in the resource reallocation being presented. • Also noted as having available resources were the following restricted accounts within the Public Utilities Fund: • Water System Bonds and Debt Service • Antennae Lease Revenues • It is expected that the Allowance for Uncollectible Taxes first levied for payable 2011 will have an available balance at some point, but it is too early to project any available balance. Therefore, no use of that potential balance is included in the resource reallocation being presented. Within the material presented and in the discussion in March and June it was noted that the following funds have potential resource needs: o Park Systems Development and Renewal & Replacement o Fire Safety Center Construction o Cedar Grove TIF o New Combined Utility Trunk o Fiber Infrastructure • Also noted as having potential resource needs was the following restricted account within the Public Utilities Fund: o Storm Drainage Renewal & Replacement • In response to the public policy questions presented at the meetings the Committee directed staff to specifically address the following priorities: 1. Managing the Cedar Grove TIF deficit and carrying costs 2. Funding the Fiber Projects 3. Funding the Fire Safety Center Construction 4. Providing additional resources for the Park System N The over arching objective of any scenario is to provide for a strategic realignment of existing City resources with current and future obligations as part of the City's overall financial planning. Implementing this plan acknowledges the following risks /factors: • The pressure on revenues, especially property taxes combined with service demands will continue to increase the scrutiny on operations and on cash balances. • Minimal growth and aging infrastructure will compound the tension among available revenues, expenditure appropriations, and use of cash balances. • Any desire /impulse to maintain or increase service levels through the use of reserves or one time fixes is clearly problematic. • The use of available resources to address today's challenges will logically limit options for addressing future obligations. The challenge is to ensure that viable options exist to address future obligations with today's larger cash reserves no longer being available. • Viable future options may include the following: ■ Continued use of the General fund balance as reserves become available. • Bonding for infrastructure renewal and replacement with the largest potential impact in utilities. Bonding will roll the cost impact forward and would likely necessitate some user rate increases. • Continued use of the Community Investment Fund for smaller, one -time capital improvements. • Any catastrophic events primarily in workers compensation and /or self insurance may require some internal borrowing and the development of a plan to return to strong financial footing. This probability is fairly low. • The Trunk Fund advance to the Cedar Grove TIF is structured (per the note) in a manner such that if tax increment is generated helping to solve the deficit and carrying costs over time, the Trunk Fund money can come back out and be redirected by the City Council as part of a revised /updated strategic financial plan. This will not likely be a short term possibility, but there is a chance that additional funds would be available in the future when development progresses and especially, if the TIF district can be extended. o The transfers as presented provide for today's resource needs with the exception of trying to completely finance the Transportation Infrastructure Needs Analysis (TINA) construction. ED o In no particular order and with no degree of certainty some of the potential future obligations /desires that appear to be out there include the following: • Financing the TINA construction. • Potential elimination of future Cable TV Franchise fees. • Financing for replacement of the joint fire training facility (ABLE). The preliminary estimate is $500,000 each for the four cities for phase 1. • Financing for any type of enhanced Art House or Performing Arts venue. • Financing for any type of City housing revitalization loan or grant program. • Financing assistance for any CDA initiatives to be constructed in the City. • Potential debt service relief to Cascade Bay. ATTACHMENTS: • Enclosed on pages and 3 is a copy of the notes from the March 8, 2011 Finance Committee Meeting. • Enclosed on page is a copy of the notes from the June 2, 2011 Finance Committee Meeting. • Enclosed on page37 is a copy of a summary of the transfers provided for with this proposed action. • Enclosed on page is a copy of the resolution providing for the advance of funds from the Combined Utility Trunk Fund to the Cedar grove TIF Fund. • Enclosed on page 3 is a copy of the note to be approved by the EDA. �3 FINANCE COMMITTEE MEETING NOTES MARCH 8, 2011 12:00 — 2:00 PM CONFERENCE ROOMS 2A &B Committee members present: Mayor Maguire and Councilmember Bakken City staff present: City Administrator Hedges, Assistant to the City Administrator Miller, Director of Administrative Services VanOverbeke, Public Works Director Colbert, Community Development Director Hohenstein, and Finance Intern Pratt. I. FUND STATUS UPDATE —CITY WIDE AND CEDAR GROVE TIF FUND STATUS Director of Administrative Services VanOverbeke provided an overview of City funds, which the committee discussed. The discussion was further focused on the funds with available resources and the four funds that were noted as needing assistance: 1.) Park Site Acquisition and Development; 2.) Cedar Grove TIF; 3.) Fire Safety Campus; and, 4.) Fiber Conduit Ring. The committee offered the following direction and recommendations on each of the funds: Park Site Acquisition and Development Fund (To be renamed the Park Systems Development and Renewal & Replacement Fund)— According to the Committee, this fund is an immediate need that will likely need funding via a levy. The committee stated that it would be their desire to consider redirecting an existing levy (e.g. Major Street Fund (Overpasses & Interchanges Funding)), if possible, but would suggest that all future options be kept open. The committee asked for additional information on the balance of the Overpasses & Interchanges account once it is determined how much funding is needed to complete the two overpasses, taking into account the future cash flows. Fire Safety Campus —The committee recommended that the Fire Safety Campus be kept off the levy by using internal transfers. A possibility for further research includes transfers from the Benefit Accrual, Risk Management, and Worker's Compensation Self Insurance Funds to pay for the Campus. The committee asked that staff come back with additional information about the impact to the funds should such transfers be made. Fiber Conduit Ring Fund —The committee concurred with staff's suggestion to rename the Fiber Conduit Ring Fund as the Fiber Infrastructure (for Fiber Capacity and Collocation) Fund. The committee also concurred with the suggestion that this fund could serve as an enterprise fund with a revenue stream in the future. There was committee consensus to explore the use of antennae lease revenues and Cable TV Franchise Fees to fund the Fiber Infrastructure Fund. The committee noted that they wanted to ensure that funding from the antennae lease revenues to Holz Farm and the Eagan Community Center would not be negatively impacted. 01 City Council Finance Committee Meeting Notes March 8, 2011 Page 2 Cedar Grove TIF —The committee recommended that the City consider a one -time, interest free transfer into the Cedar Grove TIF Fund from the Utility Trunk Funds, which consist of the storm sewer, water, and sanitary sewer. This transfer would be subject to review by the City's bonding attorney to ensure compliance with all TIF regulations. The committee concurred that if such a transfer occurs, then the three individual trunk funds should be combined into one fund and renamed the Utility Trunk Fund. The Committee asked for additional information as to how the operations of Public Works and Utilities would be impacted by such a transfer. The Committee also recommended that the Housing Fund could be considered as an opportunity to transfer additional funds into the Cedar Grove TIF. The Committee concurred with staff's recommendation to have the full Council review the Finance Committee's recommendations on fund transfers in the fall of 2011. The Committee asked that staff provide additional information to the Committee regarding the balance of each fund being considered for transfers, the assumptions being made as to availability of funds, and any possible consequences of the proposed transfers. The Committee suggested that the Council consider the transfers under the confines of "rectifying city funds" or "strategic financial plan for all City funds ". The Committee also asked staff to contact Bill Schreiber or Tom Pohl of Messerli and Kramer (attorneys serving the MLC) to inquire about any legislative options to extend the Cedar Grove TIF district, which is scheduled to be decertified in 2029. II. CEDAR GROVE REDEVELOPMENT PARTNERS AND AGREEMENT City Administrator Hedges and Director of Community Development Hohenstein introduced master development partner Len Pratt. Mr. Pratt noted that Mr. Kelly Doran has indicated that he needs to withdraw from the development partnership for personal reasons. As a result, Mr. Pratt noted that he is proposing to add a broker team from Cassidy Turley, including broker Jim McCaffrey, to the development team to cast a broader net for business and development prospects that may be attracted to the Cedar Grove district. Mr. Jim McCaffrey provided a presentation to the Committee on the services of Cassidy Turley, and some considerations for the Committee and City to make in terms of broader marketing of prospective businesses and developers. The committee provided feedback on the City's perceptions of the parameters for the marketing efforts of the Cedar Grove Redevelopment District. The Committee reiterated the City's vision for vertical, mixed use development in the area. In discussing Mr. McCaffrey's suggestions and questions, the Committee noted their desire for the master developers and Cassidy Turley to seek out all potential buyers /uses, with the understanding that should a use be proposed that is outside of the City's vision for the area, then the City Council could make suggestions to refine such a proposal or modify the vision as appropriate to find common interests. The Committee also recommended that the EDA consider action at the March 15, 2011 meeting to approve an amended preliminary redevelopment agreement for Pratt Development LLC for the Cedar Grove Redevelopment Core Area, which would formalize the proposed modifications to the development team. City Council Finance Committee Meeting Notes June 2, 2011 Page 2 II. FUND STATUS TRANSFER SCENARIO FOR CONSIDERATION City Administrator Hedges introduced the item, noting that the Finance Committee received an overview of city funds at the March 8, 2011 Finance Committee meeting, at which times available resources were reviewed for reallocation. Director of Administrative Services reviewed fund transfer options with the Committee. In reviewing the financing for Cedar Grove, Mr. VanOverbeke noted that some of the funds reallocated to Cedar Grove may be available in the future. VanOverbeke added that upfront funding for the collocation facility is proposed from the antennae lease fund, with the understanding that a portion of the fund would continue to be allocated to Holz Farm. The Committee discussed the resource reallocation options, including future options to fund the Park System Development and Renewal & Replacement Fund. The Committee noted the purpose for the transfers is to reallocate current resources to get a better return on the investment for the community. The Committee voiced their concurrence with the fund transfers proposed and also asked that options be reviewed in the 2012 budget development process to consider a new $400,000 levy in 2012 to be allocated to the Park System Development and Renewal & Replacement Fund. The Committee also recommended that the proposed transfers include using $1 million from Antenna Lease Revenues to fund the proposed fiber extension. The Committee directed that the reallocation of resources be included on an upcoming City Council consent agenda. III. ADJOURNMENT The Committee meeting adjourned at 1:30 p.m. �34 I C i CI (0 M N N O 000 0 I O r - ? N O F- LO 0q- H Lo M M N -0 O M .rte N U- - 0 -- .�_..- - - -.. _..- - O O - - -- O O - -- - - -- -- r C O U Co CT C -- -- C - O Co U C9 3 CD 0 (n Ltj 0 U I I cm (0 N cn c — - O I O o m _ U 0 0 0 ch6 O Q 0 ` a) (p Q 000 LO O S p ?` CL n II I ~ LL U M O M ~ � CI Iod I m3a� �� °�' Cl) 3 L• (D Z LL _ _ _ _II 4- ` L a) C a m E C 00 co F U I Y (6 CD I~ (u . C: 00 M _ _ C C Z j _ I M M ._ a) O a) 0 O LL O ( O L r O O O 0 > t0 O a) O O ( O O O LO a) a) a) (� U N N LO N +� E O O O C) C) C) C ��� CL 0) l N p j U) 3 OOOOIO O co > E 0 0(00 O E N E cu a) CO LO O M (n O M L ��M a) r - a) d LL M� �N 00 �. C a) - - a) y - - I$ - - - -I - - -- - - - Vi i- - O CT C a) U co NIN 0) IMO -'T O V M v O l� LQC' ct COMO f(:: N O C0 04 N NISI Cl) tT.. Ci =1 �I N N j (O C CU M 00 cM CD CM (0 O ( N C0 N CY) I N I N 00 !, 00 O (-- IT "T i N (A (0 N C O N X E (0 N v oo O j (�jM N I-- IO j a) SIN rI j �- .. . M C fl' q N � I C C a� -- � Q U U -- �o i -'i - -- C) C) 0 0101'0 0 00 �O O O V N o D C O F- b U (0 O } 7000(f)Oo 0 0 0 0 0 0 N C.0 O 00�- O C' 7(- IE N C (� M v... 00u) O00000 O r-C) 3 a w 0v 004 cu C N N LO cl O 1 M (n O N M co Cn O Cn (p E U) N ~ M a) «`' C C U r Ca L. O +� Q C cm ( to 0 O 4)r-MO� CO CD U) O "t (_ CDM000 N O M N O M V � O r- O a) m v O N N U C" 04 04 I M �Cf) Cfl e M N CnC) E N CDN O CD f�CO d• LO N N V a) U00 c: r" N O ` (D+- E N U) cn U d (d ti N M O M M (0 O N O M N N 00 ti ti M 00 M � O N a) 0 N N a) «S T O O L co m N `V' �- N O 00 N N ` M m C M Q p Q �., • _ - - - - f -- -- N F . C _ (0 U -- L a ; C7) dI U C r O C N �j7 W 4) Q C O �� O N w _ j i (n C Y C L.L Y U- a) 1 0 > U U cn (D O Q > NO Cl) �. � I Im a) L m 0 r- °CD = in a) If- (D ~ ccn w a) E d a CD O Q O) ` U 7 O Y c a) LL N a) V -p � N C CD0 (2 . C 0- lL Oil E EO (� Q � I .- N :3 (A O ,� J Z N O L (D .0 H I Z C;) C U� E (a C ` L p cn U U C C 7 ` Y S C E L C D N O U " N (D Q > C Q I E, m I (.D U (A w U Q Q Q f- v J L) U. Li :z 3� RESOLUTION PROVIDING FOR ADVANCE OF FUNDS FROM COMBINED UTILITY TRUNK FUND TO CEDAR GROVE TIF FUND WHEREAS, Minnesota Statutes, Section 469.178, Subdivision 7 provides that the City may, by resolution, authorize an advance or loan of money to a tax increment financing district to finance expenditures under Minnesota Statutes, Section 469.176, Subdivision 4; and WHEREAS, the Cedar Grove Tax Increment Financing District is in need of funding to finance expenditures under Minnesota Statutes, Section 469.176, Subdivision 4; and WHEREAS, the newly- created Combined Utility Trunk Fund has funds which may be made available for this purpose; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan: 1. The City shall advance $15 million from the City's Combined Utility Trunk Fund to the fund for the Cedar Grove Tax Increment Financing District (No. 1) (the "District ") administered by the Economic Development Authority. 2. The advance shall take the form of a subordinated loan substantially in the form of the Subordinate Interfund Tax Increment Note on file in the office of the City Clerk, in the principal amount of $15 million, without interest and maturing upon the termination date of the District, as the same may be extended from time to time. fb.us.6898294.01 ADOPTED this 5th day of July, 2011. Mike Maguire, Mayor ATTEST: Christina M. Scipioni, City Clerk 3� SUBORDINATE INTERFUND TAX INCREMENT NOTE EAGAN ECONOMIC DEVELOPMENT AUTHORITY The Eagan Economic Development Authority, a municipal corporation in the State of Minnesota (herein sometimes called the "Authority "), for value received, hereby promises to pay to the City of Eagan, solely from tax increment available in its Cedar Grove Tax Increment Financing District Fund, subordinate to all other obligations payable from such fund, the principal amount of $15,000,000, without interest. Principal is due and payable on the earlier of such date as all other obligations of the District have been paid or provided for or the termination date of the District, as extended from time to time. This Note is issued under Minnesota Statutes, Section 469.178, Subd. 7, and in conformity with the provisions, restrictions and limitations thereof. This Note does not constitute an indebtedness of the Authority within the meaning of any state constitutional provision or statutory limitation, nor does this Note give rise to a charge against the general credit or properties or taxing powers of the Authority and does not grant to the City any right to have the Authority levy any taxes or appropriate any funds for the payment of the principal hereof or interest hereon, nor is this Note a general obligation of the Authority or the individual officers or agents thereof. This Note is payable solely and only from available tax increment with respect to the Cedar Grove Tax Increment Financing District. This Note may be prepaid, at the option of the Authority, in whole or in part, on any date. IN WITNESS WHEREOF, the Eagan Economic Development Authority, by its Board of Commissioners, has caused this Note to be executed in its name by the facsimile signatures of its President and Secretary, all as of the date specified below. Dated: , 2011 EAGAN ECONOMIC DEVELOPMENT AUTHORITY President Secretary fb.us.6932452.01 3� Agenda Information Memo July 5, 2011 Eagan City Council Meeting M. CONTRACT 11 -05, HIGH PRESSURE ZONE WATER MAIN IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract 11 -05 (High Pressure Zone Water Main Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, July 28, 2011. FACTS: • Contract 11 -05 provides for the water main and booster station improvements to increase water pressure in the high zone area, generally located south of Cliff Road and east of Pilot Knob Road as programmed for 2011 in the City 5 -Year Capital Improvement Plan (2011- 2015). This improvement will eliminate the need for up to 90 in -home individual booster pumps. • The plans and specifications have been completed under City Staff direction by the City's engineering consultant, WSB & Associates, and are now being presented to the City Council for their approval and authorization for the advertisement of competitive bids. ,//0 Agenda Information Memo July 5, 2011 Eagan City Council Meeting N. CONTRACT 11 -11, CITYWIDE TRAIL IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract 11 -11 (Citywide Trail Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, July 28, 2011. FACTS: • Contract 11 -11 provides for the reconstruction of the trail segment adjacent to Lexington Avenue (Wescott Road to Falcon Way, West side — 1,500 Ft). This segment was damaged by City snow removal equipment this past winter season, and warrants reconstruction. • Contract 11 -11 also provides for the maintenance overlay of existing bituminous trails and repair of existing concrete sidewalks in the following locations: • Lexington Avenue (Falcon Way to Duckwood Trail) .... West side (1,500 Ft) • Diffley Road, (East of 35E to Heine Ct.) ..................South side (3,700 Ft) • Cliff Road (Thomas Lake Rd. to Lake Park Dr.) ......... North side (1,255 Ft) • Cliff Road (Ridgecliffe Dr. to Thomas Center Dr.) ......... North side (700 Ft) • Cliff Road (Lenore Lane to Johnny Cake Ridge Rd.) .... South side (1,700 Ft) • Thomas Lake Road (Cliff Road to Thomas Ctr. Dr.) ........ West side (700 Ft) • Burgundy Drive (Highway 13 to Robin Ln) ........ East/ South side (3,200 Ft.) • Yankee Doodle Rd (Federal Dr to Yankee Plaza ent.) .... South side (600 Ft.) • On June 1, 2010, with approval of the 2011 -2015 Capital Improvement Plan, the City Council authorized preparation of detailed plans and specifications for trail/ sidewalk projects in the 2011 construction season. • These projects are being combined under one contract for economies of scale in the competitive bidding process. The plans and specifications have been completed by the City's engineering staff and are being presented to the City Council for their approval and authorization for the advertisement of bids. q/ Agenda Information Memo July 5, 2011 Eagan City Council Meeting O. CONTRACT 11 -08, CEDAR GROVE BOULEVARD STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the bids for Contract 11 -08 (Cedar Grove Boulevard Street & Utility Improvements) and award a contract for only the Phase I Alternate Bid, including Conduit System, to Friedges Excavating, Inc., in the bid amount of $1,406,148.12 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 11 -08 provides for the street realignment, upgrade and utility improvements of Cedar Grove Boulevard (formerly Sibley Memorial Highway) within the Cedar Grove Redevelopment Area in northwest Eagan (City Project No. 1051). These improvements are programmed for 2011 in the City's 5 -Year Capital Improvement Program (2011- 2015). • On March 1, 2011, the City Council authorized the preparation of detailed plans and specifications for Phase 1 improvements of the Cedar Grove Boulevard project, including two street alignment options and the construction of a trail along Cedar Grove Parkway. • On April 5, the City Council authorized the preparation of plans for parking lot improvements at 3830 Sibley Memorial Highway intended to provide for shared and overflow parking for Jensen's Supper Club, Cedarvale Lanes and the future development of the property to the east. • These projects have been combined under one contract (Contract 11 -08), to increase economies of scale. On May 17, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 11 -08. • On June 21, the City Council selected the following improvements to be considered for award as part of Contract 11 -08 at the July 5 regular Council meeting: • Phase 1 street & utility improvements (alternate bid) with conduit • Cedar Grove Parkway trail • Parking lot improvements • On March 18, 2008, the Council approved the use of best -value solicitation of bids, as allowed by State statutes, providing for the consideration of bidders expected performance in relation to their submitted bid. At 10:30 a.m. on June 13, technical performance proposals from each bidder were received for this project. At 10:30 a.m. on June 16, formal bids were received for this project. A copy of the technical score and bid summary is enclosed. All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The bid from Friedges Excavating, Inc. has been reviewed by the Engineering Division to provide the best value and is in order for favorable Council action. ISSUES: In order for the parking lot project to proceed, it is necessary to have an operation and easement agreement in place between the EDA, as the owner of the lot where the proposed parking improvement is to be located, and the owners of Jensen's Supper Club and Cedarvale Lanes. That agreement remains under negotiation at this time. In order to provide sufficient time to complete the agreement and avoid commencing the project in a timeframe that would create the risk of the proposed improvements not being completed prior to the end of the construction season, staff is asking Council consideration of removing the parking lot bids at this time. Once the easement agreement is completed, it would be possible to put the project out for bid this winter with other 2012 construction projects and set the project schedule based on a spring construction start. qc�_, Agenda Information Memo July 5, 2011 Eagan City Council Meeting O. CONTRACT 11 -08, CEDAR GROVE BOULEVARD STREET & UTILITY IMPROVEMENTS (continued) ISSUES (continued): The Cedar Grove Parkway trail improvements have been in process for about 7 years. Easements based upon a preliminary design were originally acquired at the initiation of this process. The final design included as part of the current plans and specifications is slightly refined and has impacts on an adjacent property upon which an adequate temporary easement has not yet been obtained. City staff is continuing efforts to acquire, but it appears that it will not be secured in the near future. The trail improvements may be added back into this contract as a change order depending on when the temporary easement is acquired. Similar to the parking lot, the trail improvements may also be advertised for bids under a separate contract later this winter for 2012 construction if deemed more beneficial to the City's interests. ATTACHMENTS: • Bid Summary Tabulation, page 43 fC bD m W 4- O U C r-I W V1 (O a a 7 5 O CO 0I O C7 a V L C . j N R m C) U X W N OJ UJO l\D a a, L LL Q v O m T o N N O C r1 a m O > C O V o OL 1 C v + C -.2 CL a 1 a N E m C O d Y Z N c N L ( to C Y °6 o C n m Q 3 - � V 0 Q d W aT+ a 1% V [O - C CD O_ r-I W V1 (O a a 7 5 O CO 0I O C7 a V L . j N R C) N m S N l\D � f'A u1 J '04 W W O 0) O O N N N E V�1 C_ to N t�0 N 00 V � j d N N C W W a--1 tn c-1 4.n O L V d d i+ 'O C O Q �001 Q m Y Z ui Z c1 JO > W O m a, L. Y d a O _ 0 m � Q Q Z Z r o o 61 W LL r-1 '-j 4JJ- O ri Lq O Vf 00 O 00 N O N to N Lr tp kO N 00 M f-j r-I � 1-1 Ln ri lA m Q C 7 O E Q O1 (0 4. L {A 00 -1 N Ln LOO M Owl W y -4 00 M 00 N � tD m v a Ln 7 n r n 00 r-1 00 Q iF u N -4 m C t u v N co o0 H c c c O O u v, m L u to 1�i1 y W 4! O M W m LL V 00 W f0 OJ a OJ E Y i o L 41 W M W Y > T y a VI a t O t O CL u a u Agenda Information Memo July 5, 2011 Eagan City Council Meeting P. CONTRACT 11 -12- TRAFFIC SIGNAL PAINTING ACTION TO BE CONSIDERED: Receive the quote for Contract 11 -12 (City Owned & Maintained Traffic Signals — Painting/Reconditioning) and award the contract to Aerial Painting, Inc. for $9,656.25, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 11 -12 provides for the reconditioning and painting of City -owned and maintained traffic signals located at the following intersections: o TH 3 @ Red Pine Lane o TH 55 @ Eagandale Blvd • On June 1, 2010, the City Council approved the 5 -year Capital Improvement Plan for Public Works Infrastructure, Part III (2011 -2015) and authorized the initiation of the public improvement process for the 2011 programmed improvements. • On June 7, 2011, only one quote was received for this project. A copy of the bid summary is enclosed. • Quotes were solicited from two (2) contractors who perform this specialty work and have responded to past solicitations. Only one contractor was available to submit a quote. • All quotes have been reviewed for compliance with the specifications and accuracy on unit price extensions and summations. The quote from Aerial Painting, Inc. has been reviewed by the Transportation & Operations Division and found to be the best value for the city and is in order for favorable Council consideration. ATTACHMENTS: di • Location Maps, page and • Bid Summary, pag J A I B I C D I E F I G I H I I J j K L 1 EXHIBIT D 2011 Traffic Signal Painting City of Eagan 2 3 0 500 1 000 2,000 3,000 1.000 F- Date: red b y of Eagan 0 Prepared City 4 Street Dept., AE File' I\. Wngie \TraMcSignalsPainting2010.mxd 1 494 _ 5 6 7 LONE OAK RD. 1 8 C 9 10 no 0 1- 4Y 1 2 =ill --- 7 1 81 �k A I� 1 2 =ill --- 7 1 81 �k rA B C D E F G H I J K L 1 EXHIBIT D 2011 Traffic Signal Painting City of Ba�aIl 2 2 Legend NN 2011 Traffic Signal Painting /V 3 3 Date: 5118/10 M 4 Preparedby. Cyof Eagan 4 Street Dept., AE Fie :I:7..W.ngiNTra1lc51gnalsPmnOng 2010 �d CLIFF RD. T,�Yl 7 v( � 8 \v - ' 8 9 9 E INE 10 Q 10 O Q Q 12 12 4- A B C D E F I G H I J K L EXHIBIT B BID SUMMARY Bidder: Aerial Painting 3461 Kent St. Shoreview, MN 55126 2011 Traffic Signal Painting Tabulation of Estimated Quantities TH 3 @ Red Pine Lane UNIT EST. QTY. UNIT COST TOTAL COST MAST ARM POLES EA 4 $ 500.00 $ 2,000.00 MAST ARM 20 -55 FT LENGTH LIN FT 155 $ 9.75 $ 1,511.25 SIGNAL HEAD 3 SECTION EA 12 $ 110.00 $ 1,320.00 SIGNAL HEAD 4 OR 5 SECTION EA 2 $ 115.00 $ 230.00 PEDESTRIAN HEAD (single) EA 4 $ 100.00 $ 400.00 LUMINAIRE POLE AND ARM TYPE LD EA 2 $ 150.00 $ 300.00 TH 3 @ Red Pine Lane Subtotal $ 5,761.25 TH 55 @ Ea andale Blvd. UNIT EST. QTY. UNIT COST TOTAL COST MAST ARM POLES EA 3 $ 500.00 $ 1,500.00 MAST ARM 20 FT TO 55 FT LENGTH EA 110 $ 7.00 $ 770.00 SIGNAL HEAD 3 SECTION EA 10 $ 110.00 $ 1,100.00 SIGNAL HEAD 4 OR 5 SECTION EA 1 $ 115.00 $ 115.00 PEDESTAL POLES (signal) EA 1 $ 110.00 $ 110.00 LUMINAIRE POLE AND ARM TYPE LD EA 2 $ 150.00 $ 300.00 TH 55 @ Eagandale Blvd. Subtotal $ 3,895.00 CONTRACT TOTAL $9,656.25 ENGINEER'S EST $11,030.00 CIP ESTIMATE $14,500.00 % UNDER EE -12% % UNDER CIP EST -33% -J/0 Agenda Information Memo Eagan City Council Meeting Consent Agenda July 5, 2011 Q. AUTHORIZE PHASE II OF THE EAGAN COLOCATION FACILITY FEASIBILITY STUDY ACTION TO BE CONSIDERED: Approve funding for second phase of the Eagan Colocation Facility Feasibility Study. FACTS: • On April 5, 2011, the Eagan City Council approved a contract with Five 9s Digital to conduct a two -phase feasibility study for the attraction and placement of a privately - owned colocation facility in Eagan with a "go /no go" decision after completion of phase one. • The study and the initiative, now called Project Connexion, is in fulfillment of the City Council's expressed goal of supporting "the evolving 'infostructure' needs of residents and businesses," and the Council passed a resolution in January, 2011, calling the need for such a specialized data hub as "critical infrastructure." • Phase I research has indicated strong market interest in the project and established that there are sites in Eagan that would work well to create the "co -lo /data hub." Indeed, the Executive Memorandum summarizing Phase I states that Five 9s Digital believes "the initial data center size may range from 50,000 to 100,000 square feet .... (and they) believe the project can be built using conservative cost and pre - leasing commitments." • The Eagan Technology Working Group reviewed preliminary findings and approaches and recommends without reservation proceeding to Phase II of the study, as contemplated. • Phase II will establish the direct business case, marketing plan, pre -lease commitments, conceptual design and construction phasing necessary to determine final viability for getting the project built. • Phase I funding was previously approved for $85,000 from non -tax revenues. Similarly, the final phase of the study will cost $100,000 plus reasonable expenses as defined by the contract. ATTACHMENTS: (1) • Executive Memorandum, Project Connexion, Midwest's Premier Carrier Neutral Data Center on page through. /q JONES LANG em- IVE 9s LASALLE DIGITAL mual Mary Sulwwn. Oyu Communications City of Ea a n E Project Conne Midwest's Premier Carrier Neutral Data Center Executive Memorandum Phase I conclusions 5-D Executive Memorandum Date: June 20, 2011 To: Tom Garrison, The City of Eagan From: Doug Hollidge, Five 9s Digital, LLC Ken Walsh, Jones Lang LaSalle Christine Isaacs, XO Communications Mark Feil, XO Communications This memorandum is written to provide a status of the work completed to date and a general overview of the business case analysis to develop a new Tier III Carrier Neutral Data Center in the City of Eagan. The following information is a culmination of the efforts of Jones Lang LaSalle, XO Communications and Five 9s Digital ( "Team ")as detailed in the Phase I of the feasibility study to identify the best location for a carrier neutral data center, solve the "single point of failure" issue facing the region, offer a state -of -art facility for small, medium and large companies, and justify a general business case to proceed to the next phase of the feasibility study. Project Charter and Schedule: Initially, the Team, with the collaboration of Tom Garrison of the City of Eagan, developed a Project Charter and project schedule as a baseline to follow and update on a weekly basis detailing the status of each task's progress. Site Investigation Study: As discussed and reviewed in the weekly Friday meetings with Tom, the Team has spent a considerable amount of time determining if a suitable data center /colocation facility site exists in Eagan. We also desired to find the best site in Eagan for a carrier neutral data center. The initial goal of the site selection process was to enter the marketplace without preconceived notions of the best sites for a future carrier neutral data center. Site selection is a detailed and comprehensive process for a new data center as the end user customers often go through a very similar site selection and decision making process. The site selection process includes: • A survey and tour of available sites in a targeted market • Initial site discovery details and information • Narrowing down a lengthy list based upon specific identified benefits and potential obstacles. 1�iI o Mission Critical Site checklists are generated for each targeted site including the following: • Accessibility to reliable and robust power infrastructure • Key Business Operations Risks • Redundancy / reliability factors • External / weather risks • Expansion issues and opportunities • Compliance issues • Natural Disaster Risks /Heat Maps • Man -made Site Threats /Risks such as airport flight path overlays • Neighboring uses • City Utility Evaluations • Fiber /Telecommunications Service • Water /Sewer Infrastructure • Tax and Incentive Climate • Develop a site scoring matrix which assists in drilling down to the overall best site for the proposed facility. • Evaluate pricing, size and scalability of a data center on selected sites. As result of the evaluation process, we have identified the top three (3) sites for the placement of a new carrier neutral data center in Eagan. Furthermore, we have identified the "preferred" site of the three (3) top sites and are currently working with the seller to gain control of the site. In addition to being the preferred site, scoring the best in the overall comparison matrix, the site works well from a marketing perspective due to the surrounding area, power capacity, site infrastructure, fiber connectivity and scalability of the site. We have strong back -up sites on the overall list as well. Fiber Connectivity: As part of the Phase 1, the Team studied the current fiber connectivity and telecommunication carrier routes in the City of Eagan in an effort to further understand the overall connectivity and bandwidth capacity in the targeted area. XO Communications provided the necessary fiber routing map and details to solve the single point of failure issue with its southern route connection to the transwestern fiber link. This solution offers XO customers and other end users an alternate fiber route and provides an avenue for other carriers to buy XO capacity and offer the same service to their customers. The proposed data center stands to serve as an important benefit to the current customer base of each carrier by offering additional connectivity and an "insurance policy" if something were to happen to one main point of failure. Based upon the correspondence with carriers, serious interest exists from multiple carriers to commit to space in the proposed building. The feedback to date from the carriers has been better than expected. Additionally, the site selection study took into account the City of Eagan fiber route initiative currently in process allowing additional connectivity options and future ease of access to the 5�j facility by multiple carriers. The top three sites are planned to be directly on the city's planned fiber route. Based upon the overall fiber connectivity study, we believe the area selected for the future placement of the data center offers high bandwidth options with multiple fiber providers allowing end users options, high bandwidth and redundancy features for the long term. Market Demand Study: While completing the site and infrastructure analysis, the Team simultaneously reached out in a coordinated effort to the telecommunications carriers and prospective data center end users in the region to determine general interest level in connecting to and occupying space in the new carrier neutral data facility. The initial discussions and follow up meetings with the carriers and end users confirmed the awareness and broad need to solve the single point of failure issue facing the region with most of the communications and transmissions by corporations passing through the 511 Building in downtown Minneapolis. Based upon the correspondence with carriers, we believe serious interest exists from multiple carriers to commit to space in the proposed building. Additionally, based upon market outreach, there appears to be significant general market demand from data center end users such as disaster recovery, colocation/ managed services, and related mission critical functions for a highly connected, new tier 3 data center facility that allows flexibility in size and long term scalability due to limited data center options in the Twin Cities market. Based upon the collective feedback from XO Communications, other carriers, colocation companies and data center related end users, we believe the initial data center size may range from 50,000 to 100,000 square feet. XO Communications has expressed interest in 15,000 to 20,000 square feet to accommodate its telecommunication equipment and colocation operations and we have discussed space needs with other end users that range from 5,000 to 25,000 square feet. Positive feedback from the carriers and other data center end users does not qualify as signed commitments, but serves as a basis to move into Phase 2 which will allow for next stage design and pricing, marketing package, proposals and future commitments. Engagement of Design /Build Team: Upon completion of the initial site feasibility studies, the Team engaged a design /build team which includes McGough General Contractors, Pope Architecture, MMC and Hunt Electric. We engaged the team to conduct test fits on the three (3) top sites showing approximately 100,000 SF initial design with expansion capacity where possible. The test fits confirmed the initial site scoring information generating further focus on the "preferred" site located on Yankee Doodle Road on the north side of Eagan. Not only does the preferred site allow for an initial plan of up to 100k square feet, but the site offers future expansion capacity of approximately 40,000 SF, located within a corporate /data center environment. The site also S3 allows the flexibility to reduce the size of the initial phase of the proposed data center with the ability to scale up as demand dictates. The preferred site is located in an area providing reliable low cost power, superior connectivity options to multiple fiber providers /carriers allowing redundant access and high bandwidth capacity. Initial Financial Study: As part of the Phase 1 process, we generated an initial pricing model using a 75,000 SF proposed data center to determine a reasonable leasing cost threshold, financing benchmarks and overall initial financial profile of the proposed project to be located on the preferred site. Based upon the initial financial profile, we believe the project can be built using conservative cost and pre - leasing estimates. Initial budgeting numbers shall be provided for review and consideration during the June 24 planned review call with the City of Eagan representatives. Conclusion: We believe the interest level is high enough to justify proceeding into Phase II of the feasibility study in which the Team will build upon the work completed to date, finalize conceptual drawings, price the data center and create a sample construction schedule, generate a full financial study and create a comprehensive marketing package which will allow us to begin the process of obtaining true lease commitments in Project Connexion. Obtaining firm lease commitments is the driving factor to bringing this project to fruition. Recommendation That we proceed to Phase 2 with activities to include: • Phase 2 Design Study and Engineering • Construction pricing and schedule • Create financial analysis and feasibility study • Generate standardized proposal and terms format • Creation of a full marketing /proposal package • Generate marketing plan and implementation • Establish Pre - Commitments • Implementation Strategy & Timing • Construction 5�- Agenda Memo July 5, 2011 City Council Meeting R. APPROVE the purchase of weight equipment from Rasmussen College to be installed in the Civic Arena and approve the necessary change to the 2011 budget. ACTION TO BE CONSIDERED: Approve the purchase of weight equipment from Rasmussen College in the amount of $11,000 to be installed in the Civic Arena and approve the necessary change to the 2011 budget. FACTS: ■ Rasmussen College is in the process of eliminating their Exercise Science program and approached city staff to see if there was an interest in partnering to complete the program off -site. Their intent was to remove their existing equipment, retrofit the space for a new course offering, and outsource classroom and hands on exercise equipment use. The initial discussion included the potential use of the ECC fitness center. ■ One of the biggest challenges for Rasmussen was to dispose of equipment that had been invested in the Exercise Science program. Having a strong tie to the community they hoped to be able to find a way for much of the equipment to stay in the community and continue to be used. ■ Although Rasmussen could have sold all the equipment back to an equipment reseller they asked if the City would be interested in purchasing any of the equipment. The ECC Fitness Supervisor visited Rasmussen to look at the quality and quantity of equipment being offered. It was noted that the equipment was 2 years old and still like new. ■ Discussions continued to see if there would be a way to trade out building space and fitness memberships for some of the equipment. Because of the broad range of cardio and weight equipment that exists in the ECC it was felt that the weight equipment might be used to enhance the Civic Arena. • Rasmussen recently reached an agreement to offer their off -site classes in a different location than the ECC but remained interested in reaching an agreement with the City of Eagan to sell the existing weight equipment, mirrors and flooring. They had determined that they would be able to sell off individual pieces of the cardio equipment. • After a second thorough inspection of the equipment, a tentative offer of $11,000 was made to acquire $32,000 of weight equipment, mirrors and rubberized floor matting that could be used to enhance space at the Civic Arena that was recently added for dry land training. • The equipment will provide an additional rental space to the current dry land training space, will allow for the expansion of personal training or other fitness classes when there is no room at the ECC, and will offer unique fee based training options for camps, clinics or schools. • The ECC Fitness Supervisor will develop training and protocol guidelines for the use of the equipment so that anyone choosing to rent this space will be properly trained on each piece of equipment. • Although Rasmussen will be taking a big loss on the equipment they are disposing of they felt strongly about trying to find a way in which the community could benefit from this minimally used equipment. J5 Agenda Information Memo July 5, 2011, Eagan City Council Meeting S. APPROVE TREE MAINTENANCE CONTRACTOR LICENSE FOR RANDY NEWTON, NEWTON'S TREE & STUMP SERVICE, LLC ACTION TO BE CONSIDERED: To approve a Tree Maintenance Contractor License for Randy Newton, Newton's Tree & Stump Service, LLC, 5605 37 Avenue South, Minneapolis, MN. FACTS: ➢ Randy Newton, owner of Newton's Tree & Stump Service, LLC, has applied for a Tree Maintenance Contractor License for 2011. All requirements of the application have been met and the fee has been paid. ➢ Staff recommends approval. ATTACHMENTS (0): (The complete application is available from the Office of the City Clerk.) S Agenda Information Memo July 5, 2011 Eagan City Council Meeting T. SOUND AMPLIFICATION PERMIT — AMERICAN CANCER SOCIETY ACTIONS TO BE CONSIDERED: APPROVE a sound amplification permit for an outdoor event with electronic sound system/audio equipment use after 10 p.m. to be held on July 15 -16 2011 at 1501 Central Parkway. FACTS: ➢ The American Cancer Society is planning the Relay for Life fundraiser outdoor overnight event July 15 -16, 2011. The recorded music, announcements, and speeches for which the sound amplification permit is required are planned for Friday, July 15 from 3:00 p.m. until Saturday, July 16 at 7:00 a.m. The event will occupy the ellipse and the Central Park Festival Grounds pavilion on the northwest side of Central Park. ➢ An outdoor event with musical entertainment past 10 p.m. requires a permit and approval from the City Council and is subject to the requirements outlined in City Code Chapter 10, Sec. 10.31. Eagan PD has reviewed and signed off on the application. ➢ Surrounding uses within t/ mile are research and development to the north and south, and multi - family residential to the east and west. The DJ and amplification equipment will face southwest, toward the multi - family residential area (Alden Pond). The applicant is aware that City Code requirements limit noise levels to 55 decibels at a distance of t/ mile and 50 decibels at %2 mile radius. ATTACHMENTS: (2) Location map on page / _ A copy of the permit, site plan and radius map is attached on pages through _ C =x �st7 Location Map j I Central Park Amplified Noise Permit 0 500 1,000 Legend jMoM 1611i City Boundary Parcels Parks Buildings 0 — 1 Feet 2,000 IN City of Eajaa G8�� Map Area Extent AMMINk City of E 3830 Pilot Knob Road Eagan MN 55122 Phone: (651) 675 -5690 Fax: (651) 675 -5694 Use BLUE or BLACK Ink r ..______ __ ____ ____ For Office Use I I I Permit #: I I I Permit Fee: I I I Date Received: ? I j Staff: ----- ------ - - - - - J 2011 SOUND AMPLIFICATION PERMIT (OUTDOOR EVENTS AFTER 10PM) ✓ Eagan City Code Section 10.31 requires a permit for outdoor electronic sound system / audio equipment use after 10:OOPM. A completed written application meeting the requirements of Section 10.31, accompanied by a payment of $75.00 and a site plan must be filed with the Community Development Department three full weeks in advance of the City Council meeting at which it will be considered. A copy of Section 10.31 is attached for your use. ✓ Sound produced under the permit shall not exceed the maximum allowable sound pressure level as measured by Type 1 or 2 decibel meter, using the A- weighted fast response scale meeting ANSI Specifications, Section 1.4 - 1971. o 1 /4 mile radius from the property line, 3 -5 feet above ground level - 55 decibels o '/2 mile radius from the property line, 3 -5 feet above ground level - 50 decibels ✓ City Council approval is also required in instances where liquor will be present. In those cases, you may submit the liquor license application at the same time sound amplification permit so both may be considered at the same City Council meeting. ✓ PLEASE PRINT ALL INFORMATION REQUESTED ON THIS APPLICATION 2011 R nu ND AMPLIFICATION PERMIT Paoe 1 of 3 f5l PERMIT Name: A Tflerl can Oa n o tr &6,9-hi I I I f �1��o Pilot &)ob Ra \ 3 j. l- (5D Address: JJ APPLICANT (INDIVIDUAL of 5 _ r'�_ g 00 Phone: l-•� 6f _Alternative Phone: ORGANIZING EVENT) Fax: Email: Name of individual responsible for event: Contact phone '^ Address: during the event: ��� 2'3H 5 0q I W -- b5 ;»- b 13L EVENT Phone: Alternative Phone: CONTACT INFORMATION Fax: Email: m * This person must be present at all times during the event d act as the on -site contact for City officials during the event. The applicant and the contact person shall be responsible for compliance with the terms and condition imposed by the permit and Section 10.31. The applicant or contact person shall maintain the permit on the permitted premises at all times during which the permitted electronic sound system or audio equipment is in use. The permit shall be presented to any City official or law enforcement officer upon demand. Address of event: L-amn, Purpose of event: IOU I r CC. EVENT Date(s) of event t;< � ^I _ j i , 1 V � n �� day(s) of the week: 'r Y v V I ( DETAILS Times of event: Start: Finish: f N Set up begins at: i ,�,^ Take down completed (Date / Time) U O by: (Date / Time) Maximum number of people in attendance on any day: O 2011 R nu ND AMPLIFICATION PERMIT Paoe 1 of 3 f5l PERMIT Description of electronic sound system or audio equipment: '" U&+s a e P� (dus r 0 A). A n-f-w moofra and a r� (K(m 0 nnm It. A '.j I I I Ir S 1 1) 1 red m i cnvha�L-, Type of soun o be generated (live music, recorded music, announcements, speeches, etc): Sound will be generated during these hours each �1 T day: �'') — Name of contractor/ individual �J o V 1 responsible for sound: � h to nR i n men- - Address: b T p 1 �. VV e54 �I V Phone: Q�(�- a I Alternative Phone: Will there be hired speakers / performers at the event? ❑ Yes No If yes, name individuals Description of entertainment to be provided: Name Address City / State / Zip Name Address City / State / Zip Name Address City / State / Zip Will food or alcohol be served at the event? r. Yes ❑ No NOTE: Additional Permits may be necessary . O If yes, describe: — Y I lJ� i W' 1�' FHrd Describe the event in detail. �30M - Eow-h 4o W b (P(v� n 6 (1 rA t 1) 111 h a V1 a 'TPIDSLt tn� (f arm Lfl& f"O ❑ Attach 2 copies of a Site Plan. Include location of tents, stages, booths, first aid / relief stations, dumpsters, portable toilets, sound amplification equipment, signs and banners. Be specific as to the placement of sound system speakers and the direction the sound will travel. NOTE: Additional Permits may be necessary 2011 SOUND AMPLIFICATION PERMIT Page 2 of 3 (�lJ PERMIT List the cities in which the applicant or contact person has been issued a similar permit in the last five (5) years by this city or any other municipality or government entity with authority to issue such similar permit. Include contact information for the permitting entity and a statement as to whether the applicant or contact person was or was not in violation of any term or condition of the permit. The City Council may deny the permit if the proposed use of electronic sound system or audio equipment will adversely affect surrounding properties. The City Council may impose conditions upon the issuance of any permit that are reasonably related to ensure that the sound generated by the permitted sound system or audio equipment does not unreasonably disturb the persons and property surrounding the permitted location. I have received from the City of Eagan a copy of Eagan City Code 10.31 (Noisy Gatherings and Electronic Sound System Equipment) and will familiarize myself with the provisions contained within them. I hereby acknowledge that I have read this application, state the application is correct, and agree to comply with Eagan, MN laws regulating noise and electronic sound systems / audio equipment use after 10:00P II other City Codes and State laws. x o QP.� t�71 n X Appli a Printed Name ppli nt gnature UI���D�' Date FOR CITY OFFICE USE ONLY Character and nature of land uses underlying and adjacent to the land upon which the electronic sound system or audio equipment will be used: RCNt D�51 R 2 - TWI IUViCn ES P Ll APT S tuEST - R'3 - mwry ti au es Beat: 0 Has the applicant or contact person complied with the terms of previous or similar permits issued by another municipality or government agency during the last five years? 11ft Permit reviewed by: � c e App roved by City Council: Date 2011 SOUND AMPLIFICATION PERMIT Page 3 of 3 l[J I PERMIT ti t j x 11 t r3 �, t L s( f S ,y` # J.tp rx Jr t .. i 4 1 ++�. lilt Y Y F fJ13 i iY f �y k r r i iso- YTi Fr o 71 ` k Lockheed Martin (Camper CQ t �r Sergeant Jerry's Food E uhder r/ vi Ii DJ l a + Come � M al I eo ulpm ol , ii1ev _ Ceremonies Restrooms Survivors Tent tro.GC. FM mQ� be used so eocM - koA can havc rCtdrt 04t12i r CUmPSl Registration Check in Luminaria 63 Silent Auction -� �i rs +?od (4 T-+ responsr ' m E n` lire) TEAMS DROP OFF — TEMPORARY PARKING —] SITE PLAN t - lot Mil . . . . . . . . . . . . . . . . . \ «�� �\ /� ^ � � � \ � � � � � � � � \ 1 0+ SITE PLAN N y� e .., � a' .f � " -� _ �" �: _ . �_` T.t?.:b 0 • 0 I • . • _$ s .� .t � -.. t iw` ,?`{ �, F - " .:l „� • -� "ry. �. � k dye •.q ,� jam.. �� 3 T @ / • LL, JS f , y ,• It �7 .�. C � � r..:� � _� ♦ lci� /i ., tom- � P /'¢g - j � s . f R i r o' � Ir i ..u. , u..... _ ....,..n.... ",:._ .::,rcc:.�.- .,- -�. .:, � 1, ,t..:.c�i w= ..-_•..�.. � k�:... � t �_.. : a { -- -- , ..fit t }�� w.' . �. � n ,�t� .6 W � ' os o fq �i y�i'• A' �` . t. r A }7�i a :. N. : It v is );. * .f ^,bl # j `4a• A �.,. n'a'l:t w. .._ .. �.� r:+l�•.. �. ... �� ~C���.S�.�..F, t.+ ? t , ��Ilf .`i t,�w�� tT- � �.riy., Agenda Information Memo July 5, 2011 Eagan City Council Meeting CONSENT AGENDA: U. ELECTRONIC SIGNATURE USER AGREEMENT — MnPCA ACTION TO BE CONSIDERED: Approve an Electronic Signature User Agreement with the Minnesota Pollution Control Agency and authorize the Mayor to execute said document. FACTS: • According to the requirements of our 5 year permit (2011 -2016) to operate the recently completed Fish Lake Alum Dosing treatment system under Contract 09- 04, the MnPCA requires an Electronic Signature User Agreement to be approved before the City can submit quarterly electronic Discharge Monitoring Reports (eDMR). • According to the MnPCA regulations, the Mayor is the only designated responsible City official authorized to execute this agreement. • The agreement has been reviewed by the Water Resources Coordinator and found to be in order for favorable Council consideration. ATTACHMENTS: • Agreement, pages and ZOE 6 . 1 Minnesota Pollution en Control Agency MPCA - CROMERR Online Services Portal eDMR Submittal Electronic Signature User Agreement User Information User Account Number: Legal Name: Phone Number: Email Address: Terms and Conditions 60451568 Eric Macbeth 651.675.5300 emacbeth @cityofeaga n. com By signature on this agreement, the above -named User of the MPCA - CROMERR Online Services Portal requests the MPCA to allow electronic submittals of Discharge Monitoring Reports (eDMRs) via this account. These submittals will be considered authentic only if submitted by the account and User identified in this document as having legal authority to do so. By signature on this agreement, the above named User agrees to: 1) Protect the account password and answers to challenge questions from compromise, not allow anyone else to use the account, and not share the password and /or answers to the challenge questions; 2) Promptly report to the MPCA any evidence of the loss, theft, or other compromise of the user account password and /or challenge questions; 3) Change the account password and /or challenge questions if there is reason to believe either have become known to another person; 4) Notify the MPCA if I cease to represent any of the authorized permits as the submitter for the organization's electronic reports to the MPCA - CROMERR Online Services Portal as soon as this change in relationship occurs; 5) Review, in a timely manner, the email, onscreen acknowledgements, and copies of documents submitted through my account to the MPCA - CROMERR Online Services Portal; 6) To report any evidence of discrepancy between the document submitted and what the MPCA - CROMERR Online Services Portal received; I understand that I will be held as legally bound, obligated and responsible by the electronic signature created as by a handwritten signature. Permit Information: Permit Facility Name Address MN0069752 I Fish Lake Alum Treatment System 1 3643 Widgeon Way, Eagan, MN 67 A. User (or Submitter) Signature (Required) By submitting this application to MPCA I, Eric Macbeth, certify that: 1) I have read, understand, and accept the terms and conditions of this eDMR User Agreement. 2) Under penalty of law, I understand and comply with the certification requirements of Minn. R. 7001.0070 and 7001.0540, including the penalties for submitting false information. 3) 1 have a current user account in place with the MPCA - CROMERR Online Services Portal. 4) _ I AM the responsible official authorized to submit and sign Discharge Monitoring Reports for the Permits as defined on the preceding page OR 5) X1 AM NOT the responsible official authorized to submit and sign Discharge Monitoring Reports for the Permits as defined on the preceding page (see certification in part B below). I agree to notify the MPCA if I cease to represent any of the requested sites as the submitter for the organization's Discharge Monitoring Reports to the MPCA- CR97RR Online Services Portal as soon as this change in relationship occurs. / C­ User ign t re User Title (651 �5 —S3o© 6 L,3 User Phone Number Date B. If the User (or Submitter) IS NOT the responsible official for the listed permits, have the responsible official complete this section: I, M 1 1 0--= AAAAt11 A✓lA`lOR Responsible Official Printed Legal Name Responsible Official Title certify that I am the responsible official authorized to submit and sign Discharge Monitoring Reports for the Permits as defined on the preceding page. I hereby authorize Eric Macbeth to submit and sign Discharge Monitoring Reports on my behalf. By signature on this document, I understand that this authorization is valid unless the MPCA is notified by me or the above named User, in writing, that the authorization status has changed. Responsible Official Signature Date 6S 1- 47s --T,/) 4 19 Responsible Official Phone Number C. Final Step - Submit to the MPCA Print this form and sign and date section A (if you are the submitter AND the responsible official) or sections A and B (if you are the submitter but are NOT the responsible official), and mail to: Minnesota Pollution Control Agency 520 Lafayette Rd N St Paul, MN 55155 -4194 Attn: MPCA Online Services Portal You will be contacted by email when you are authorized to submit data on behalf of the above -named permits. For Agency Use Only Authorization Number Authorizing MPCA Staff Signature Date fit' Agenda Information Memo July 5, 2011 Eagan City Council Meeting A. PROJECT 1033, CLIFF ROAD TRUNK WATER MAIN IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 1033 (Cliff Road — Trunk Water Main Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 1033 provided for the installation of an 18 -inch diameter trunk water main along Cliff Road, from Lexington Avenue to Dodd Road, in southeast Eagan. • The draft Final Assessment Roll was presented to the City Council on June 7, 2011, with two options for consideration: 1) as presented in the feasibility report, including the Lakewood Hills properties (40 total properties), and 2) without the Lakewood Hills properties (40 properties less 26 properties in Lakewood Hills = 14 total). • On June 7, the City Council amended the Preliminary Assessment Roll for project 1033 deleting the Lakewood Hills neighborhood (26 properties) and authorized preparation of the Final Assessment Roll for the remaining 14 properties as originally identified in the preliminary assessment roll presented at the public hearing on August 2, 2010. They also scheduled a public hearing for July 5 to formally present the final assessable costs associated with this public improvement to the remaining benefited properties. • The final trunk area assessment rates for the properties directly fronting onto Cliff Road for the water main improvements are based on a parcel's acreage in accordance with the City's Special Assessment Policy and are the same as the estimate contained in the feasibility report presented at the public hearing held on August 2, 2010. • All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. An informational meeting was held on June 27 to address all property owners' questions or concerns and provide any additional information of interest. 9 residents representing 7 of the 14 remaining assessable properties attended the meeting. Some have subsequently submitted written objections while requesting partial deferments. Minnesota Statutes Chapter 429 requires that all similarly zoned properties receiving the same benefit be assessed similarly. While the City does not have the discretion to modify any individual property's proposed assessment when adopting the Final Assessment Roll, the city has on occasion entered into deferral agreements with property owners on payment and collection terms as stipulated by the Council. The deferral agreements are then recorded at the County. But any subsequent agreement has to be based on an amount officially adopted as a Final Assessment. ATTACHMENTS: �7 • Final Assessment Report, page through / . • Neighborhood Meeting Minutes, pagesj�5�_ and • Written Objections received as of 6- 30 -11, pages — 7 through L( I FINAL ASSESSMENT HEARING PROJECT PUBLIC HEARING DATES Number: Project 1033 Assessment: July 5, 2011 Name: Cliff Road Project Approval Date: August 2, 2010 Trunk Water Main Improvements Final Feasibility Final Feasibility Rate Report Units Rate Report Units SANITARY STORM SEWER SEWER • Trunk -CI ❑ Trunk - CI • Lateral- CI ❑ Lateral- CI • Service • Lat. Benefit /trunk WATER STREET ❑ Trunk -CI ❑ C/I Street & Drainage Rl Trunk - SF $2,770 $2,770 Net I ❑ Acre ❑ Lateral- CI ❑ Lateral - SF ❑ 1" Service ❑ C/I Equiv. ❑ Driveway OTHER STREET LIGHTS ❑ Service Pair ❑ Installation ❑ Energy Charge Contract Number of Interest Amount City Number Parcels Terms Rate Assessed Financed 10 -09 14 10 Years 5% $264,092 F.R. $581,108 F.R. $ 142,045.60 $492,775.31 (F.R. = Feasibility Report) — 7 O City of Eagan Momo To: Mayor and City Council From: John Gorder, Assistant City Engineer Date: June 27, 2011 Subject: Final Assessment Roll, Project 1033 Cliff Road Trunk Water Main Improvements On August 2, 2010, the City Council held a public hearing for the construction of City trunk water main along Cliff Road (CSAH 32) to provide more reliable water service and distribution to southeastern Eagan, and provide lateral water service to properties adjacent to Cliff Road, in accordance with the City's Water Supply & Distribution Plan (2008). At the public hearing, the City Council ordered Project 1033, and in accordance with the feasibility report, approximately 5,000 feet of 18 -inch diameter trunk water main pipe improvements were constructed. At the public hearing, the City Council approved a preliminary assessment roll that called for the trunk water main improvements to be assessed to benefiting properties along Cliff Road at the 2010 Fee Schedule rate of $2,770 per net acre. The final assessment rates for the properties along Cliff Road for the water main improvements are equal to the rates contained in the feasibility report presented at the public hearing held on August 2, 2010. At the November 9, 2010 City Council workshop, the Council listened to the concerns of the Lakewood Hills residents regarding the special assessments proposed to be levied against their properties in conjunction with Project 1033. The Council directed staff to propose ponding and "greenway" easements to the residents as a means to reduce the assessable areas. Although significant staff time was spent providing detailed easement options for all assessable properties under this project to maximize their potential assessment area credits, no property owners consented to this easement option. The Lakewood Hills neighborhood is distinctly different from the remainder of the properties proposed to be assessed under Project 1033. The Lakewood Hills properties need an additional lateral water main extension within the neighborhood under a future public improvement process before they can receive service from the trunk water main on Cliff Road. All of the other assessable properties that front onto Cliff Rd have the opportunity to make a direct service connection to the new trunk water main at their discretion. Minnesota Statute 429 requires benefit to individual properties assessed under a public improvement. Due to the significant additional water main construction needed for the Lakewood Hills properties to receive direct benefit from the trunk water main from Project 1033, it will be challenging to meet the benefit test to the extent of the proposed assessment. The draft assessment roll was prepared in two ways: 1) as presented in the feasibility report, including the Lakewood Hills properties (40 total properties), and 2) without the Lakewood Hills properties (40 properties less 26 properties in Lakewood Hills = 14 total). The assessment obligation for any individual property is not affected by the number of parcels included in the Final Assessment Roll. It is based on assessable acreage and the fixed Trunk Area Water rate. On June 7, 2011, the draft assessment report with these two options was presented to the City Council for their consideration. The Council received the draft assessment roll, and authorized the preparation of the final assessment roll to include all properties included in the preliminary assessment roll as presented at the public hearing August 2, 2010, except those properties in Lakewood Hills subdivision. The improvements were completed under Contract 10 -09. The following information was used in the preparation of the assessment roll Project 1033. 1 PROJECT COST The construction cost includes the amount of $467,781.07 paid to the contractor for the construction of the improvements. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, easements and other totaling $167,039.84 were incurred resulting in an improvement and project cost of $634,820.91. The detail of these other costs is provided on Schedule I. IMPROVEMENT Water Main — Cliff Rd OTHER COSTS $167,039.84 $467,781.07 IMPROVEMENT FEASIBILITY COST $634,820.91 REPORT $845,200 ASSESSMENTS • TRUNK ASSESSMENTS The trunk water main improvements will be assessed based on 2010 trunk area rate of $2,770 per net acre, as identified in the project feasibility report, to benefiting properties, except those properties in the Lakewood Hills subdivision, as directed by the City Council on June 7, 2011. Fourteen total properties (all low- density residential) are included in the final assessment roll. Area credits for platted and dedicated ponding easements and unplatted wetland areas are included in the final assessment calculations. In accordance with State statute 429.051, if the City Council elects to not assess the Lakewood Hills neighborhood for the trunk water main improvements, these properties will be assessed the trunk area assessment with potential future lateral extensions of the water main to serve that neighborhood. • LATERAL ASSESSMENTS No lateral assessments for water main were proposed in the feasibility report, therefore, none are proposed in this assessment roll. ASSESSMENT TERMS The assessments are proposed for a term of 10 years. The interest rate is 5% per annum on the unpaid balance. CITY REVENUES / RESPONSIBILITY IMPROVEMENT ASSESSMENT CITY IMPROVEMENT COST REVENUE RESPONSIBILITY Water Main — Cliff Road $634,820.91 • CITY FUND RESPONSIBILITY Trunk Water Main Fund: $492,775.31 JoIWGorder, P.E. Reviewed. Public Works Department oy Date $142,045.60 $492,775.31 c: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant I Date 2 CONSTRUCTION COST - 7t:� v lv- -l( J J O s H Z W 2 N N W N N Q J Q Z LL m m 0 r1 O Z H C� W O CL ri O N r-I N Q) C 7 C a1 v ca v a C O CL a a� ca V a a! a O 3 fa a1 f6 a c ca v 3 V) a u x W a) U f6 v IZ O O O N I I C v a" c . cam G a1 Y c 7 O O N 14 o O O o 0 0 0 O o 0 0 0 0 o O m v tO 00 -:t v n O m y 1 m o LD O - tD v) m N Ln to v) M �•'' m N m O O O t0 O r� O r O tD N N 00 O rl m r-I O v) O-tt 00 T O tD O L E M N -te tD M Dl t0 00 M N v) M t0 tD N i a) N r-I N ri r-I RT H N a) Ln la aJ Y Q `1 M N 00 N N ri N n N M Q) O pp N Y ra Q H H H m In m m m Ct O N rl N lD Ln a a a a a a a a a a a a a a c ca ra co ra ca ca co ca ca ca ca ca ra ca w Of = = = aJ Q a u u u u u u u u u u u u u u Q N Ln LD ^ W 00 O CL () Q) Q) O) Ol Ol Ol O O O O O O O r-I 14 r-I r-I H r-1 c-i a � 0 0 m O LO O tD O O 00 a) W ­4 v) O O O O N O tD O v) O O m v L j Q !a * � O W O � N N ri lD N M N M Q) O ko N + Q O N r-1 ri O N W 6 O vj m M V 6 m 4 r\ 4 Ln r4 H N rZ N H N O t0 W CL —_ OD c C CL aJ ra L1 u O O Z u Z >` Y O Y , H to H a) O J ra Y i ...� H H a O to °' E E Y L ro H CL = CL O a) = o — s s Ln CZ J Ln OAS co O 06 06 66 Z f6 cu T C C C J Q V) V 6 a C U U N Y N w Y Y cn a ra ra o = W W ra ca p ra E ca m i Y u a. aJ O O Z 2 w co D L.L. Ll_ s o 0 0 0 v m o o 0 0 o 0 o o O m N H H H H H N H m N H N e-i a o 0 0 o o o o o 0 o o 0 0 0 0 r1 r-I r-I W Ln v) V m m r-1 r-1 H H r-1 a m o O 0 O 0 Ln 0 Ln 0 Ln 0 Ln 0 m 0 m O o o O 0 o o Ln O o o o 0 v) Ln v) co O O O O co O O O O O N N N LO LO W LD W lD v) Ln Ln O LD O r-I O H O N O N O N O N O N o N O r•1 N r-I L) -1 v) N O N O - O O O O O O O O O O O O O O (� -, r-1 I r-1 I r-I I -I r-1 I r-I I E!-L E! r I I r-I I r-I I r-I r-I r-1 C a1 v ca v a C O CL a a� ca V a a! a O 3 fa a1 f6 a c ca v 3 V) a u x W a) U f6 v IZ O O O N I I C v a" c . cam G a1 Y c 7 O O N 14 CITY PROJECT NO 1033 INFORMATIONAL NEIGHBORHOOD MEETING CLIFF ROAD TRUNK WATER MAIN IMPROVEMENTS FINAL ASSESSMENTS MONDAY, JUNE 27, 2011 6:30 P.M. CITY HALL EAGAN ROOM Attendance: Russ Matthys, City Engineer, John Gorder, Assistant City Engineer, 9 property owners representing 7 properties (see attached sign -in sheet). A. Presentation of Project Overview • Matthys welcomed the property owners and presented project and assessment information, including an overview of the City's water main system, how the trunk assessments are determined and applied, and the need for this project. B. Questions/ Comments • The water main is still a significant distance away from my house and most of our houses, and across Cliff Road, and not readily accessible. We should not be assessed for water main until we connect to the system. This assessment is proposed in accordance with the City's Special Assessment Policy and precedent for similar projects in the state, for the benefit derived from public water main within '/o mile of a property. • We should be assessed for a single- family connection rate until, or if, our property develops further. Postponement or deferment of all or a portion of special assessments can be granted by the City Council only, and would have to be via agreement between the property owner and the City. • How is the 6.5% interest rate on the payoff period set? It has been City policy to set the interest rate in the 1.5 to 2.0% range over the projected bond sale rate to cover City administrative costs of establishing and maintaining the special assessment account records, and the risk of default. • Can the assessments be deferred without interest? The interest rate is set to cover the City's costs to finance the project. It would be a difficult precedent set if the Council deferred without the interest, but it is ultimately a Council decision. • My property contains wetlands that can't be developed. Assessments shouldn't be levied on property that can't be developed. After the project was approved, the City Council directed staff to offer a reduction in assessable acreage covered by dedicated easement. Letters were sent to all property owners offering this option, but none responded willing to dedicate easements. • Why is the Lakewood Hills neighborhood removed from the assessments and we are not? A majority of the neighborhood does not have direct access to the water main constructed under this project. The City Council removed the Lakewood Hills properties from the assessment roll because another future public improvement would be necessary to directly serve the individual properties in that neighborhood. Those properties would be assessed for these improvements at that time. All of the other assessable properties that front onto Cliff Rd have the opportunity to make a direct service connection to the new trunk water main at their discretion. • Is there a sanitary sewer extension planned for this area? The City's Comprehensive Sewer plan shows a sanitary sewer extension to this area, served by a lift station pump. This extension would be installed only at the request of the property owners or with possible future development of the area. The meeting adjourned at 7:30 p.m. --79- 4 City of Won Cliff Road —Trunk Watermain Project No. 1033 Monday, June 27, 2011 6:30 p.m. NAME t 2. 3. �Or - P Whi - 6. ��� LAN A411104_1 t 7. 1 & r lam, f e, 8. 9. 10. 11. 12. 13. 7Co INFORMATIONAL NEIGHBORHOOD MEETING ADDRESS q(05 94 '11 014.I cep Ax vu Jg5_ /7,r r 1 0 15 G t r -r-f fed' 14. Clerk, City of Eagan Per Notice of Special Assessment Hearing Project #PA1033 Cliff Road July 5, 2011 I hereby file two objections to the project assessment and request to be heard by the City Council. 1) In regard to the portion of my property South of the Cliff Road. The legal description of the property includes 0.95 acres under the water of Holland Lake. This area should be excluded from the assessment because: A) It is not usable. Minnesota state law prohibits filling in a lake. B) It is defined as public use under Minnesota state law. 2) In regard to the portion of my property North of the Cliff Road, the proposed assessment is excessive for the benefit to the property. The primary benefit of this water main is to the entire water system of the City of Eagan, not to specific properties. I concur in the request by other property owners that the assessment at this time be no more than the charge for a single residence. 4�z__ /��' oge Urban / R -1? March 18, 2011 Minnesota Department of Natural Resources 500 Lafayette Road • St. Paul, MN • 55155 -40_ Roger Urban 1007 Cliff Road Eagan, Minnesota 55123 RE: Public Waters Rules. I lolland Cake ( \o. 19 -65P). Cite of Eagan. Dakota County Dear Mr. Urban: t a MPARTW OF NATURAL RESOURCES Thank you Ibr your recent letter. postmarked March 1(). 201 1. We appreciate your stated desire to be 1n compliance \yith state ]a\\. l uur plat that sho�ys an acre of your property' e�tendin�� into Holland Lake, and you had t\\o duestions. 1) Is the acre of water private property or is it open to public use? The land within the platted line is private, but submerged. If the water recedes, leaving the land dry, you have use of the land as its sole property owner, subject to local, state and federal regulations. The water that lies over that platted land is part of the lake and is considered Public and open to the public use, for activities normally suited to a lake, such as fishing, swimming, and boating. You cannot exclude people from any part of the water. Also, even though you own the land, it is subject to public waters rules. The boundary of public waters is the ordinary high water level of elevation 862.8 feet (1929 NGVD). Generally, work waterward of this line is regulated by the DNR, and landward of this line City regulations dominate. 2) Can I fill in the acre to create dry land usable for building a structure? No, you cannot place fill in public waters to create upland. MN Rules, part 6115.0190, Subp. 3 prohibits the placement of fill to create upland. Please feel free to contact me at 651.259.5654, or Area Hydrologist Craig Wills at 651.259.5757 if you have further questions. You may also want to visit our website, Nv-iv_\v. ro and search on "water law" for more information on your topics of interest. Sincerely, DNR Ecological and Water Resources l o M Tom Hovey Public Waters Hydro ogist c: Craig Wills, DNR Area Hydrologist wwwbr.state.mn.us AN EQUAL OPPORTUNITY EMPLOYER 6 t� PRINTED ON RECYCLED PAPER CONTAINING A MINIMUM Of 10% POST- CONSUMER WASTE ­Te To: Eagan City Council From: Jo Ellen and Paul Abraham 985 Cliff Rd., Eagan, MN 55123 pj abraham48kgmail.com 651- 456 -0600 Date: 6/27/11 RE: Project 1033, Cliff Rd Water main improvements We have an objection to the proposed assessment associated with Project 1033, Cliff Rd water main improvements. We are concerned about the disproportionate assessment of 12 property owners by a per acre assessment, instead of per household assessment. The trunk water main does not provide an additional benefit to homeowners who have more acreage. We are being assessed $23,101, which is most likely 8 -16 times more than the average Eagan resident has paid for a water main assessment. However, there is not an equivalent 8 -16 times benefit to the property currently. The fire hydrant is ` / 4 mile from the house and so does not provide fire safety. Our house is located 115 mile from the north side of Cliff Rd. The water main is on the south side of Cliff Rd, and there is no intermediate piping from the water main to our house. We are being asked to pay for the trunk main without a connection. We request the Council consider a lower per household assessment, or assessment on the first acre, for 10- 02600 -55 -014, on which the house is located, to be paid now. The remainder of the assessment for 10- 02600 -55 -014 and full assessment for 10- 02600 -55- 013 (no house) would be paid on connection to the water main or at the time of any future subdivision or development. Jeanette Johnson From: James Noreen Damesnoreen @msn.comj Sent: Wednesday, June 29, 2011 9:18 AM To: Jeanette Johnson Subject: FW: Project 1033, Cliff Road Water Main Improvement From: jamesnoreen msn.com To: rmatthysCb)cityofeagan.com Subject: Project 1033, Cliff Road Water Main Improvement Date: Wed, 29 Jun 201109:14:30 -0500 To Eagan Mayor and City Council c/o Russ Matthys,P.E. City Engineer Thank You for the informational meeting on Monday June 27, 2011. The consensus of the property owners present was to postpone payment of any assessment until such time a hook -up is made to the water main. We would agree with that consensus. Jim & Harriet Noreen, 1031 Cliff Road Mike & Diane Chappius, 1035 Cliff Road Mark & Tanya Peterson, 1027 Cliff Road I in June 30, 2011 99S Cliff Road Eagan, MN 55123 CITY COUNCIL Eagan, MN 55123 Attn: City Clerk TO: Members of the City Council I am writing to protest the proposed assessments related to the trunk watermain improvements along Cliff Road in Eagan, Project 1033. 1 encourage the City Council to amend the proposed assessment amounts. 1 object to the amount of the proposed assessment for my property for these reasons: (1) The trunk line provides no current benefit to me —& those of us with wells & septic systems & no current ability to even connect to the new trunk line, which is intended to serve other areas of the City. (2) The proposed assessments are based on acreage. It would be more equitable to determine an amount per home when the acreage contains only a single residence as mine does. (3) The proposed assessment is based on total acreage rather than "usable" acreage. About 1 % acres of my total property is on the south side of Cliff Road & actually includes a portion of Holland Lake in the Lebanon Hills Regiona I Park. Because of State laws & easements for the lake & the road, this portion of my property is related to public use & should be excluded when determining assessments based on acreage. Thank you for your consideratio of these issues. r Swee!t 66 Nanc / Cc: Russ Matthys, Eagan City Engineer W1 Mr. Mike Maguire, Mayor of Eagan and Eagan City Council Members Through: Mr. Russ Matthys, P.E., Eagan City Engineer 3830 Pilot Knob Road Eagan, MN 55122 June 29, 2011 1055 Cliff Road Eagan. MN 55122 Subject: Assessment for a New Water Main on the South Side of Cliff Road Project # 1033 — The assessment is $22,686.30 Dear Sirs and Madams: My wife and I live at 1055 Cliff Road on 9.1 acres. We have our own well and do not ever plan on connecting to the newly completed water main. Indeed, this would be totally impractical. It would require approximately a 1300 foot line up a hill, and for the connection to pass under Cliff Road. In addition, we do not plan, and have never been contacted by contractors, to develop the land. It also should be understood that there is a large pond on the land which would limit the number of housing units that could be placed on the land. At a meeting on 27 June 2011 with the City Engineer, Mr. Russ Matthys and the other landowners affected by this project, the landowners generally, as well as myself, expressed disappointment in the dollar amount of the assessment (— $2770 /acre). If paid annually the first year interest payment alone would be $1474.61. It seems to us that the project benefited the end -users of the water and not us. Yet, we were being assessed a relatively large amount of money in support of the project. The general consensus of the land owners, and I agreed, was that the fairest way to assess for the project was to assess us for a one time hook -up fee at this time. Then to delay payment of the rest of the assessment until the land is developed and an actual hookup of the water system is done. The remaining assessment then would be paid at that time. Your consideration of this request is greatly appreciated. Sincerely, Frank Q. Nuttall, M.D., Ph.D. Im Clerk, City of Sagan Per Notice of Special Assessment Hearing Project #PA Cliff Road .duly 5, 2011 I hereby file two objections to the project assessment and request to be heard by the City Council. 1 } In regard to the portion of my property South of the Cliff Road. The legal description of the property includes 1.06 acres under the water of Holland Lake_ This area should he excluded from the assessment herause- A) It is not usable. Minnesota state law prohibits filling in a lake. B) It is defined as public use under state law. 2) In regard to the portion of my property North of the Cliff Road, the proposed assessment is excessive for the benefit to the property. The primary benefit of this water main is to the entire water system of the City of Eagan, not to specific properties. I concur in the request by other property owners that the assessment at this time be no more then the charge for a single residence. Harlan J Doehher M • Agenda Information Memo July 5, 2011, Eagan City Council VII. NEW BUSINESS A. PLANNED DEVELOPMENT AMENDMENT — QDOBA ACTION TO BE CONSIDERED: To approve (OR direct preparation of Findings of Fact for Denial) a Planned Development Amendment to allow a 2,275 sq. ft. Class II restaurant with outdoor patio dining, additional building signage, on sale liquor and a third, retail -only, 2,030 sq. ft. tenant space within the building at 1298 Promenade Place, legally described as Lot 2, Block 2, Eagan Promenade, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: At least three votes. FACTS: ➢ Qdoba proposes to lease approximately 4,305 sq. ft. of the former Blockbuster Video building and sublease 2,030 sq. ft. of that space to a future retail tenant. ➢ Qdoba is a fast - casual cafeteria style restaurant with limited table service. Dine -in seating is proposed for 61 seats with an additional 8 seats outdoors. Drive - through service is not proposed. ➢ Two new entrances will be added on the east side of the building, north of the former Blockbuster entrance. ➢ Steel canopies are proposed above the windows on the north and east sides of the building. The proposed steel canopies are a departure from the canvas awnings approved with the original Promenade Planned Development; however, similar canopies were approved for Potbelly, the remaining tenant in the building, and would provide a uniform look to the building. ➢ New signage is proposed on the north and east elevations. Signage on the north elevation is a deviation from the approved PD but is consistent with signage approved for Potbelly. The proposed sign would be in compliance with allowed multi -tenant building signage. ➢ An outdoor patio is proposed in front of the building for 4 tables /8 seats. A 5 ft. pedestrian walkway will be maintained. The patio will be enclosed with a fence. ➢ On -Sale liquor is also proposed for the restaurant; however, it is important to note that due to the style of restaurant proposed, only a beer and wine license would be allowed. ➢ The Advisory Planning Commission held a Public Hearing on June 28, 2011 and is recommending approval. ISSUES: None 60 DAY AGENCY ACTION DEADLINE: July 17, 2011 ATTACHMENTS (3)• Location map on page c� Draft June 28, 2011 APC minutes on paged Staff report on pageRe h__ gh RA Project Name: 1298 Promenade Place - Qdoba Request: Planned Development Amendment Case Nos.: 10- PA- 03 -05 -11 t i reel 500 1,000 2,000 Legend Jolla City Boundary Parcels \ Parks Buildings N City of Eap 0 Location Map Advisory Planning Commission June 28, 2011 Page 2 of 12 IV. PUBLIC HEARINGS New Business A. Qdoba Applicant Name: Qdoba Restaurant Corp Location: 1298 Promenade Place; Lot 2, Block 2, Eagan Promenade Application: Planned Development Amendment A Planned Development Amendment to allow a Class II restaurant, additional building signage, outdoor patio and on -sale liquor. File Number: 10- PA- 03 -05 -11 Planner Thomas introduced this item and highlighted the informatfbn presented in the City Staff report dated June 23, 2011. She noted the background and history Applicant Chuck Pollard, stated he was available #dr'questions. Chair Heaney opened the public hearing. There being no public comment, Chair Heaney closed`the public hearing and turned the discussion back to the Commission. Member Piper asked if the application is h= with the optdpor patio use ordinance. He also inquired about the retail only desfgnatior�and if it includes r a taurants. Planner Thomas responded that the applicanic ordinance and that restaurants''vould not fit ft Member Piper stated support forahe proposal stated the signage an&6rohitectural elements the existing tenant in the building:. is bonsisterat with the new outdoor patio retail only designation. of the multi tenant designation. He consistent with Potbelly Sandwiches, Member Dugan stated support for_the proposal and explained that although he knows the applicant, he has not been approached on the matter nor have they discussed the application. Member Piper moved, Member Filipfseconded a motion to recommend approval of a Planned Developmb0t, allow a 2,275 sq. ft. Class II restaurant with outdoor patio dining, additional building signage, on sale liquor and a third, retail -only, 2,030 sq. ft. tenant space within the building located At 1298 Promenade Place, legally described as Lot 2, Block 2, Eagan Promenade, subject.to the following conditions: A Planned Development Amendment Agreement shall be executed Dakota County Recorder's Office prior to issuance of a building permit. are required for the Agreement: • Site Plan • Building Elevations • Signage Plan • Patio Plan • Landscape Plan and recorded at the The following plans NO Advisory Planning Commission June 28, 2011 Page 3 of 12 2. The site shall be developed in conformance with the approved plans: a. Patio Plan dated June 7, 2011 b. Building Elevations Plan dated June 7, 2011 c. Signage Plan dated May 12, 2011 3. As prescribed by the Promenade PD, all building signs shall be individual channel letters and be 4 ft. 8 in. in size. 4. A sign permit is required prior to installation of any sign, and signage is subject to all other requirements of the City Code. 5. The steel awnings shall have similar support brackets as those of the existing tenant of the building. 6. The awnings and patio umbrellas shall not contain signs or logic's 7. A liquor license shall be obtained from the City for the restaurant. On -sale liquor sales also shall comply and be operated in accordance with all relaxant state laws and regulations. 8. The east elevation shall be refaced to remove the vi- ;ability d he. former Blockbuster Video sign prior to release of the new sign permit. 9. Screening of mechanical units shall comply with= #die City's mechAt al screening ordinance and screening of individual units may be required if necessary to achi.,pompliance. 10. A revised Landscape Plan shall be submitt W,screen the new trash en�lgsure. 11. The design of the permeable landscape pavers all be as,approved by the" Engineering Division. PLANNING REPORT CITY OF EAGAN REPORT DATE: June 23, 2011 APPLICANT: Qdoba Restaurant Corp PROPERTY OWNER: Eagan Promenade 2009, LLC REQUEST: Planned Development Amendment LOCATION: 1298 Promenade Place CASE: 10- PA- 03 -05 -11 HEARING DATE: June 28, 2011 APPLICATION DATE: May 18, 2011 PREPARED BY: Sarah Thomas COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment to allow a 2,275 sq. ft. Class II restaurant with outdoor patio dining, additional building signage and on sale liquor and a third, retail -only, 2,030 sq. ft. tenant space within the building located at 1298 Promenade Place, legally described as Lot 2, Block 2, Eagan Promenade. AUTHORITY FOR REVIEW PD Amendment: Chapter 11, Section 11.50, Subdivision 5 states, in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two - thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. In addition, Chapter 5, Business Licenses, requires a liquor license for on -sale liquor. In addition to establishing the conditions of operation, the license requirements include the following: Subd. 5. No person under the age of 18 years shall be employed upon premises .. . except ... as musicians or to perform the duties of a busboy or dish - washing services in a place defined as a restaurant. R N Planning Report — Qdoba PDA June 28, 2011 Page 2 Subd. 8. No license shall be granted for a proposed licensed premises that does not meet the special use setback, as defined in the zoning regulations of this Code, from any nursery, elementary or secondary school structure; daycare center structure; or church structure, except as provided herein. A license may be granted for a proposed licensed premises not meeting the special use setback, as defined in the zoning regulations of this Code, from any of the above listed uses when the proposed licensed premises and listed uses are located within the same zoning district and planned commercial development. Subd. 10. On -sale licenses shall be granted only to hotels, traditional restaurants and clubs. Subd. 11. . . . All on -sale licenses shall be for premises situated in a commercial or industrial use district under a conditional use permit .... No license shall be held for more than two years without being used. The special use setback is defined as 200 feet to the nearest point on the property line of the lot on which the protected use is located. BACKGROUNDMISTORY The property was platted in 1996 as Eagan Promenade. The Eagan Promenade retail development consists of several free - standing single- occupant buildings, one newly renovated multi tenant building and a larger in -line retail center. The Blockbuster Video building was constructed in 1996 and in 2006 was renovated to include Potbelly Sandwich Works within 2,196 sq. ft. of the existing 6,500 sq. ft. Blockbuster building. The remaining portion of the Blockbuster building was recently vacated. EXISTING CONDITIONS The property is zoned PD, Planned Development. Formerly a Blockbuster Video building, Potbelly Sandwich Works, a Class II restaurant, occupies 2,196 sq. ft. of the building and the remaining 4,305 sq. ft. is vacant. A TCF bank is adjacent to the south. The two buildings share a parking lot. Access to the site is provided from Denmark Avenue via Promenade Place, a private street internal to the commercial retail development. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: i �I • Planning Report — Qdoba PDA June 28, 2011 Page 3 EVALUATION OF REQUEST Description of Proposal — Qdoba Mexican Grill was founded in Denver in 1995 and today has more than 500 restaurants in 43 states. Qdoba is a fast casual restaurant. Customers order by selecting an entrde, then choosing its ingredients. All of the items are made in plain view of the customer. Qdoba proposes to lease the remaining 4,305 sq. ft. of the building, using 2,275 sq. ft. for their restaurant, and sub -lease the remaining 2,030 sq. ft. There is no table service. 61 seats are provided for dining with an additional 8 seats in an outdoor patio. The proposed use appears consistent with the surrounding commercial retail uses. Qdoba plans to open the doors to the public on December 5, 2011. This proposal does not include installation of drive - through service. Building Modifications — Two new entrances will be added on the east side of the building, north of the former Blockbuster entrance. The doors will be located on the ends of the existing window panels. Steel canopies are proposed above the windows on the south and east sides of the building to be similar in color and style to that of Potbelly's but without the visible support brackets. These canopies are a departure from the canvas awnings of Blockbuster and other retailers within this Planned Development, although an exception to the Promenade architectural standards was made to allow metal awnings for Office Max in the in -line retail center and Potbelly. The awnings should have the same visible support brackets as Potbelly's to provide a uniform look on the building. The applicant proposes a new service door on the west elevation and concrete sidewalk to provide access to a new trash enclosure. Both the new and the existing doors will be painted to match the adjacent brick finish. Rooftop Mechanical Equipment — Rooftop Mechanical equipment is not identified on the plan. There is an existing parapet that should screen any rooftop mechanical equipment. If any new rooftop equipment cannot be screened by the parapet, a separate screening structure should be installed to comply with City ordinance requirements. FM `L Existing Use Zoning Land Use Designation North In -line Retail PD, Planned RC, Retail (Byerly's, etc.) Development Commercial East Class I restaurant PD, Planned RC, Retail (Jake's) Development Commercial South TCF Bank PD, Planned RC, Retail Development Commercial West Class I1 restaurant PD, Planned RC, Retail (Dairy Queen ) Development Commercial EVALUATION OF REQUEST Description of Proposal — Qdoba Mexican Grill was founded in Denver in 1995 and today has more than 500 restaurants in 43 states. Qdoba is a fast casual restaurant. Customers order by selecting an entrde, then choosing its ingredients. All of the items are made in plain view of the customer. Qdoba proposes to lease the remaining 4,305 sq. ft. of the building, using 2,275 sq. ft. for their restaurant, and sub -lease the remaining 2,030 sq. ft. There is no table service. 61 seats are provided for dining with an additional 8 seats in an outdoor patio. The proposed use appears consistent with the surrounding commercial retail uses. Qdoba plans to open the doors to the public on December 5, 2011. This proposal does not include installation of drive - through service. Building Modifications — Two new entrances will be added on the east side of the building, north of the former Blockbuster entrance. The doors will be located on the ends of the existing window panels. Steel canopies are proposed above the windows on the south and east sides of the building to be similar in color and style to that of Potbelly's but without the visible support brackets. These canopies are a departure from the canvas awnings of Blockbuster and other retailers within this Planned Development, although an exception to the Promenade architectural standards was made to allow metal awnings for Office Max in the in -line retail center and Potbelly. The awnings should have the same visible support brackets as Potbelly's to provide a uniform look on the building. The applicant proposes a new service door on the west elevation and concrete sidewalk to provide access to a new trash enclosure. Both the new and the existing doors will be painted to match the adjacent brick finish. Rooftop Mechanical Equipment — Rooftop Mechanical equipment is not identified on the plan. There is an existing parapet that should screen any rooftop mechanical equipment. If any new rooftop equipment cannot be screened by the parapet, a separate screening structure should be installed to comply with City ordinance requirements. FM `L Planning Report — Qdoba PDA June 28, 2011 Page 4 Site Modifications — In addition to the new sidewalk to the trash enclosure, an outdoor patio area is proposed in front of the restaurant. The cumulative new hardcover on the site is 522 sq. ft. The outdoor patio (183 sq. ft.) will have permeable landscape pavers to help offset the additional hardcover. Patio Plan — Enclosure of the patio and controlled access from within the building is required if the restaurant will be serving liquor, as is proposed for this site. Detail of the decorative fence to enclose the patio area is shown on the Patio Plan. The fence is constructed of square steel tubing, powder coated black and is 3'6" in height. Four tables with a total of eight chairs are proposed in the outdoor patio area in front of the restaurant space. The patio leaves a 5' wide sidewalk for pedestrian movement. Trash Enclosure — The applicant proposes an additional trash enclosure adjacent to the existing enclosure on the west side of the building. The new wall will match the existing brick finish. Additionally, the owner's representative stated that trash pickup will occur more often to ensure there is adequate space available to both restaurants. According to the Site Plan, the setback for the enclosure will be 54 feet, exceeding the 40 foot setback requirement from Denmark Avenue. Landscape Plan — The applicant proposes new foundation plantings along the north elevation as well as the west elevation near the new sidewalk. Additional screening near the trash enclosure should also be provided. Siege — New building signs are proposed on the north and east elevations of the building. The Eagan Promenade Planned Development approved building signage on the east and west elevations of the Blockbuster building, not to exceed 15% maximum coverage. In addition, signage is limited to individual back -lit channel block letters. Canvas or Sunbrella awnings are permitted, signage on awnings is not permitted. The proposed signs consist of channel lit letters and are 4 ft. 9 in. in height. In comparison, the Potbelly sign is 4 ft. 8 in. in height. Staff suggests the Qdoba sign be slightly reduced to provide similarity between the two end cap users. The signs have separate day and night colors; light beige in the day and poppy red color in the evening. An additional building sign on the north elevation is also proposed. The proposed signage area appears to be within the 15% limit for this Planned Development. The added signage on the north elevation is a deviation from the approved Planned Development; however, with the change to a multiple tenant building, it is appropriate to reevaluate the building signage, and is included as part of this PD Amendment request. Additionally, Potbelly, through the PD Amendment, received approval for building signage on the east and south elevations. The Blockbuster Video signs on the east and west elevations have been removed. The east facade has faded and the ticket stub logo remains visible. The applicant proposes to refinish the EIFS material and it should be done prior to release of the new sign permit. q1 Planning Report — Qdoba PDA June 28, 2011 Page 5 Parkin —The existing parking lot provides 92 parking stalls. Based upon square footage for fast - casual restaurants (1 space /60 SF), Qdoba requires 38 parking stalls and Potbelly Sandwich Works requires 37 parking stalls for a total of 75 required parking stalls. The 2,030 sq. ft. of retail space will require 10 parking spaces based on 1 space /200 SF of retail space. With 7 "extra" stalls, sufficient parking appears to be provided to accommodate both restaurants, even at peak use times, plus the additional retail tenant. Financial Obligation — At this time, there are no pending assessments on the parcel. Storm Drainage — The proposed development will utilize the existing storm drainage system on the site, which ultimately drains to Pond DP- 4.2 north of the development. Permeable landscape pavers are proposed in the new outdoor patio area, to reduce the volume of runoff leaving the site. The design of the pavers should be as approved by the City's Engineering Division. With this proposal, the impervious surfaces on the site increase 1 %, from 73% to 74% with the installation of a service sidewalk and trash enclosure along the west side of the building. The existing storm sewer is designed to handle the additional runoff from the increased impervious surfaces. Utilities — Existing sanitary sewer and water service lines of sufficient size, depth, and capacity currently serve the building. Streets/ Access/ Circulation — Public street access will remain at two locations onto Promenade Place Drive similar to previous and current use of the property. Because of its smaller size, the proposed restaurant use will generate less traffic than the larger former video store retail use. Depending upon the future use of the remaining vacant space in the building, more overall traffic may be generated from the building. Pedestrian circulation in the area is provided by sidewalks and trails on Yankee Doodle Road and Denmark Avenue connected to the City's trail system, and an existing sidewalk connection to the trail on Denmark Avenue. On -Sale Liquor — Qdoba is requesting on -sale liquor zoning approval for the restaurant. Potbelly's does not have a liquor license associated with their restaurant. This site appears to be consistent with licensing requirements. The property is guided and zoned for retail commercial uses. There are no protected uses (i.e., daycare centers, schools, churches) within the special use setback. The appropriate liquor license would need to be obtained from the City for the restaurant. On -sale liquor sales should also comply and be operated in accordance with all relevant state laws and regulations. I'M Planning Report — Qdoba PDA June 28, 2011 Page 6 SUMMARY /CONCLUSION In summary, Qdoba Restaurant Corp., a Class II restaurant, proposes to occupy 2,275 sq. ft. of the vacated Blockbuster Video building at 1298 Promenade Place. The applicant proposes to add an outdoor patio dining area and on -sale liquor. Qdoba will sub lease the remaining space to a retail user, resulting in three spaces in the multi- tenant building. The site provides sufficient parking for the uses. Building modifications consist of adding a separate entrance and exit on the east elevation and a service door on the west elevation. New building signage for Qdoba is proposed on the north and east elevations. The proposed signage deviation includes the additional sign on the north side. The proposed steel canopies are also a departure from the canvas awnings approved for this Planned Development; however, both of these deviations are consistent with the past approval for Potbelly. City policymakers shall determine the acceptability of the proposed deviations. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow a 2,275 sq. ft. Class II restaurant with outdoor patio dining, additional building signage and on sale liquor and a third, retail -only, 2,030 sq. ft. tenant space within the building located at 1298 Promenade Place, legally described as Lot 2, Block 2, Eagan Promenade. If approved the following conditions shall apply: 1. A Planned Development Amendment Agreement shall be executed and recorded at the Dakota County Recorder's Office prior to issuance of a building permit. The following plans are required for the Agreement: • Site Plan • Building Elevations • Signage Plan • Patio Plan • Landscape Plan 2. The site shall be developed in conformance with the approved plans: a. Patio Plan dated June 7, 2011 b. Building Elevations Plan dated June 7, 2011 c. Signage Plan dated May 12, 2011 3. As prescribed by the Promenade PD, all building signs shall be individual channel letters and be 4 ft. 8 in. in size. 4. A sign permit is required prior to installation of any sign, and signage is subject to all other requirements of the City Code. 5. The steel awnings shall have similar support brackets as those of the existing tenant of the building. Planning Report — Qdoba PDA June 28, 2011 Page 7 6. The awnings and patio umbrellas shall not contain signs or logos. 7. A liquor license shall be obtained from the City for the restaurant. On -sale liquor sales also shall comply and be operated in accordance with all relevant state laws and regulations. 8. The east elevation shall be refaced to remove the visibility of the former Blockbuster Video sign prior to release of the new sign permit. 9. Screening of mechanical units shall comply with the City's mechanical screening ordinance and screening of individual units may be required if necessary to achieve compliance. 10. A revised Landscape Plan shall be submitted to screen the new trash enclosure. 11. The design of the permeable landscape pavers shall be as approved by the City's Engineering Division. 44 Location Map ii '0 1 ,11 Project Name: 1298 Promenade Place - Qdoba Request: Planned Development Amendment Case Nos.: 10- PA- 03 -05 -11 Feet 0 500 1,000 2,000 Legend x .11■ 16111i City Boundary Parcels Parks Buildings N City of Eaph 4 1 City of Eap Current Zoning and Land Use Map Application: Qdoba Type: Planned Development Amendment Case No.: 10- PA- 03 -05 -11 Zonin PD- Planned Development Land Use Plan RC- Retail Commercial N 0 300 600 1,200 Feet z k Subject Site Y PD z 0 PD PD w - -�- w COUNTY ROAD NO.28 (YANKEE DOODLE ROAD P P , D k —PD LB I \ - t l I I CSC PD P t r ; - R-a -�, Y � Z /IT Subject Site RC Y RC z RC 0 Lu z MD w i� a COUNTY ROAD NO.28 YANKEE DOODLE ROAD IRC 1 OIS - � I - -RC- RC MD w HD a \ f - - -- Y —� / IL ,3(0 ; fv. a FRI— $ CITG pl Anl V 1 1 L— I — .. . r.� act =s. 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X - C � N N CD (n N 02 = W J w 3 N n N N 07 •Z A W m 3 m w v � -• a n d N w =a o m �s a CD n i ry~ = G N d � a a ID N W d ° F O. m C__ cn N A H 00 0 S w n 3 w N � g w w O � A w f7 C m m m m v N o N z cn v a � D n W, a W 9 a Fi w v n r � a pq R a - a (n 5. r 5. o n N 5 o co ° a CD a N D N n O O7 <D n CL 0 o. CL ° lD vvo 3 M N m m 3 N I r 9 (D 1 1 m O 1 S � 4 9 - '__ 48" V J VVV i v � F� N I CD pq R a - a (n 5. r 5. o n N (D N Va O (D CD Ox w Q X Q O _ n O O7 I 9 - '__ 48" V J VVV i v � F� N Tuesday, May 10, 2011 Sarah Thomas — Planner City of Eagan Eagan Municipal Center Planning Division 3830 Pilot Knob Road Eagan, MN 55122 RE: Planned Development Amendment Submittal for Qdoba Mexican Grill — Eagan Promenade — 1289 Promenade Place, Eagan, MN 55121 To Whom It May Concern Please accept this Planned Development (PD) Amendment Submittal on behalf of Qdoba Restaurant Corporation for the above - mentioned project. Enclosed you will find two (2) check(s) totaling $3,250.00 (Check #109943: Application Form Fee: $250.00 & Escrow Deposit Fee: $1,500.00 & Check #110163: Additional Escrow Deposit Fee: $1,500.00) and submittal documentation, based upon the Planned Development Amendment Submittal Checklist provided on the City of Eagan's Website. This information is as follows: Application Form: {Exhibit A] Property Legal Description: Parcel 1: Lot 2, Block 2, Eagan Promenade, Dakota County, Minnesota Parcel 2: The benefit of the non - exclusive appurtenant easements for access and parking, storm water drainage, sanitary sewer, water, and gas, electric, cable, and other utility lines or systems, all set forth in Declaration filed as Document No. 1342338, as amended by Document Nos. 1370970 and 1513116. Survey: ALTA Survey, Dated: 08/28/2009 [Exhibit B] Property Identification Number (PID): No. 10- 22472 - 020 -02 Certified Mailing List & Mailing Labels: [Stewart Title - Minneapolis Office: (612) 375 -1100] Notification Sign: (City of Eagan) 1 0- 7 Qdoba Restaurant Corporation 4865 Ward Road, Suite 500 • Wheat Ridge, CO 80033 -1902 Tel 720.898.2300 a Direct 720.898.2367 • Fax 720.898.2396 e -mail: cpollard @gdoba.com • www.gdoba.com Escrow Deposit Agreement: [Exhibit C] — Applicant only signature. Escrow deposit has been doubled since owner has agreed to have no involvement, per the direction of Sarah Thomas, City of Eagan Planner on Thursday, May 12, 2011. Request Narrative: Listed below you will find our response to your requests describing our proposal for a PD Amendment. I have taken the liberty of reiterating the question, along with a detailed response, in order to help expedite the decision process. The provided information is as follows: What do you want to do; timing /phasing? • Qdoba Restaurant Corporation (QRC) is looking to pursue a Tenant Improvement (TI) end -cap location for a Fast Casual Restaurant [Qdoba Mexican Grill] within an existing — 6,500sq ft Outparcel building at Eagan Promenade. This — 6,500sq ft Outparcel location consist of an existing —2,196sq ft Potbelly Restaurant and — 4,305sq ft vacant space, previously Blockbuster Video Store. It is QRC intention to lease and demise the 4,305sq ft space to incorporate a —2,275sq ft Fast Casual Restaurant [Qdoba Mexican Grill] and sub -lease the remaining — 2,030sq ft space for additional tenant. Currently this project is slated to start construction on Monday, September 19, 2011, turning over to operations on Wednesday, November 30, 2011, and opening the doors to the public on Monday, December 5, 2011. Existing Land Uses on Subject Property: • The existing Land Use for this for the subject property consists of an existing —2,196sq ft Potbelly Restaurant and —4,305sq ft vacant space, previously Blockbuster Video Store. Surrounding Land Uses and Zoninq within 660 feet • The surrounding Land Use and Zoning within 660' -0" is comprised of Retail & Restaurant Use and Zoned Planned Development (PD). What im pact does the Planned Devel Amendment have on the surrounding nronerty and Land Uses? • This Amendment will not impact any of the surrounding properties and /or Land Use (Special Use — SA). It is QRC intention to follow the Declaration of Reciprocal Easements, Covenants, Conditions and Restrictions provide to use by the Landlord in order to maintain the uniformity and cohesiveness of Eagan Promenade. What impact does the Planned Development Amendment have on the Subject Property? • This Amendment will allow QRC to improve the existing exterior conditions to this vacant Outparcel location (formally Blockbuster Video), while maintaining the integrity of Eagan Promenade. The addition of a brand signage, small patio, exterior awnings, new service door & 4�ant Qdoba Corporation 4865 Ward Road, Suite 500 • Wheat Ridge, CO 80033 -1902 Tel 720.898.2300 • Direct 720.898.2367 • Fax 720.898.2396 e -mail: ccpollard @gdoba.com • www.gdoba.com service sidewalk (hardcover), additional landscaping, and Fast Casual Tenant Improvement Build -out to this location will enhance the experience of patrons visiting the Promenade. What Impact does the Planned Development Amendment have on the City Services such as Sewer, Water, Storm Water Run -off, and Roads? • This Amendment will have minimal impact on City Services for this Outparcel location. All exterior upgrades will conform to existing code requirements with particular attention to hardcover additions and water run -off. Does the requested Land Use proposed by the Amendment result in a better Use of the Land? Explain. • Yes... The proposed Amendment does benefit the existing use by allowing a tenant to take possession of an existing vacant location and converting it to a tax generating business. Public Benefit of the Proposed Amendment: • This Amendment will benefit the public by eliminating a vacant space, generating business State & Local taxes, providing a favorable & safe dining amenity for local residents & nearby workers and enhancing the experience to the Promenade with "Nouveau Mexican" feel. In addition, I have taken the liberty of listing the project plans associated with this submittal. These are as follows: 1. (Included) Two sets of Folded full size sheets (min. 1' = 100' scale; 22 "x34 ") 2. (Included) Two sets of reduced (8 ' / 2 " x 11 ") sheets 3. (Included) SITE LAYOUT • Plan illustrating a development scenario that meets all applicable standard zoning requirements • Lot dimensions • Density • Setbacks • Public streets, etc. 4. (Included — ALTA/ACSM Land Title Survey) SITE LAYOUT WITH BUILDING PLANS /ELEVATIONS • Minimum building setback lines • Proposed buildings and structures • Adjacent and on -site streets • On -site easements • Parking areas (dimensions, setbacks, # spaces. • Sidewalks /trails (locations, width, surface materials). • Signage (location, setbacks). • Fence and retaining walls (locations, height, materials. • Garbage and recyclable containers (location, size). Qdoba Restaurant Corporation 4865 Ward Road, Suite 500 • Wheat Ridge, CO 80033 -1902 Tel 720.898.2300 • Direct 720.898.2367 • Fax 720.898.2396 e -mail• cpollard @gdoba.com • h • Exterior air - conditioning, heating and electrical equipment (location and screening). • Summary table of site data including (total area /size, building coverage, total # parking stalls, density (residential). 5. (No Changes — Not Included) EXTERIOR LIGHTING PLAN • Free - standing and building mounted light fixtures (location, height, luminaire specifications, area of illumination including foot candle intensity at property edge. (No Changes — Not Included) GENERAL GRADING /DRAINAGE /EROISION CONTROL PLANS • Existing (dashed lines) and proposed (solid lines) contours at 2' intervals to mean sea level datum, extending 100' beyond subject parcel. • Building footprints (existing and proposed) with pad elevations and unit type. • Ponds, wetlands, lakes, streams, marshes (proposed elevation of NWL and HWL, OHW elevations, proposed wet and dry storage volume, area drainage boundaries). NOTE: If pond will be used for water quality treatment, include the dead storage volume and area of the NWL. • All storm sewer lines, including inlets /outlets at ponds • Erosion /sediment control structures • Existing trees to remain • Delineated edge of all wetlands and locations of boundary markers. 7. (No Changes — Not included) GENERAL UTILITY & STREET PLAN • Street (names and width) • Existing utilities (type, size, elevation, location) • Proposed utilities (type, size, elevation, location) (Included) GENERAL LANDSCAPE PLAN • Basic site plan and grading information • Locations and identification of existing and proposed plan and /or man -made landscape elements. • Delineation of sodded and seeded areas. • Details of proposed planting beds and foundation planting -berms and other landscape details. • Location of landscape islands with identification of plant materials. • Planting schedule indicating: common names, botanical names, size of plant materials, root specifications, quantities and special planting instructions. • Irrigation plan (separate plan sheet; submit with final plans). 9. (No Changes — Not Included) TREE PRESERVATON PLAN (Separate handout) 10. (No Changes — Not Included) WETLANDS INVENTORY /REPLACEMENT PLAN (Separate handout) Please accept this submittal on behalf of Qdoba Restaurant Corporation for the request of a Planned Development Amendment for the above - mentioned location. If you should have any additional questions and /or comments regarding this submittal, please do not hesitate to contact me at the number listed below. Thank you for your time and look forward to working with you on this project. Qdobe Restaurant Corporation 4865 Ward Road, Suite 500 • Wheat Ridge, CO 80033 -1902 Tel 720.898.2300 • Direct 720.898.2367 • Fax 720.898.2396 e -mail: caollardogdoba.com • www.gdoba.com �(D Sincerely, Chuc ollard Construction Manager Qdoba Restaurant Corporation CC: File Qdoba Restaurant Corporation 4865 Ward Road, Suite 500 • Wheat Ridge, CO 80033 -1902 Tel 720.898.2300 a Direct 720.898.2367 • Fax 720.898.2396 e -mail: cpollard @gdoba.com www.gdoba.com Agenda Information Memo July 5, 2011, Eagan City Council Meeting B. CONDITIONAL USE PERMIT — EAGAN GENERAL REPAIR ACTION TO BE CONSIDERED: To approve (OR direct preparation of Findings of Fact for Denial) a Conditional Use Permit to allow outdoor storage of trailers, vehicles, two storage pods, construction equipment and associated material on property located at 3650 Kennebec Drive legally described as Lot 5, Block 2, Cedar Industrial Park, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: ➢ The property is zoned I -1 (Limited Industrial), and surrounded by similar zoning districts and businesses with outdoor storage. ➢ The 13,800 sq. ft. building was constructed in 1987. ➢ The applicant has been a long term tenant and has outdoor storage needs affiliated with their business of repairing, fabricating, welding, machining and restoration of various items. ➢ A blanket complaint of the area brought about a code enforcement case. ➢ Outdoor storage is allowed via Conditional Use Permit, which has not previously been requested or approved for the property. ➢ Due to the wide range of items the applicant may work on, it is difficult to specify the type and amount of items as would be typical with a Conditional Use Permit. ➢ Since working with the applicant the site conditions have improved; however, storage continues to occur on unimproved surfaces and within setback areas. ➢ The existing outdoor storage occurs in the side and rear yard and through the conditions of approval will meet the outdoor storage requirements, except, the applicant proposes not to provide an enclosure for security purposes. Full enclosure does not appear to be necessary given the use, location and surrounding uses. ➢ The Advisory Planning Commission held a Public Hearing on June 28, 2011 and is recommending approval. ISSUES: None 60 DAY AGENCY ACTION DEADLINE: July 23, 2011 ATTACHMENTS (3): Location map on page Draft June 28, 2011 APC minutes on page( Staff report on pages(LS through 1 -5 L )I� Location Map N O G G G( S Woodhaven Path I Project Name: 3650 Kennebec Drive - Eagan General RepairO Request: Conditional Use Permit Case Nos.: 17- CU- 01 -01 -11 I 1 I Feet 500 1,000 2,000 Legend ,.SI. 16iii City Boundary Parcels Parks Buildings N City of Eap (13 Advisory Planning Commission June 28, 2011 Page 5 of 12 C. Eagan General Repair Applicant Name: Eagan General Repair Location: 3650 Kennebec Drive; Lot 5, Block 2, Cedar Industrial Park Application: Conditional Use Permit A Conditional Use Permit to allow outdoor storage of trailers, vehicles, two storage pods, construction equipment and associated material. File Number: 17- CU- 01 -01 -11 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated June 23, 2011. She noted the background and history:` Mark Durand, applicant and owner of Eagan General Repairi�sfated he has been working to clean up the area and was unaware of some of the violations. H6.discussed some of his storage methods that are intended to prevent theft. He further. explained th"a'f1hey have tried to keep the lot lit and attempted to minimize visual obstructions rder`'to assistfiv;, enforcement with patrolling. Chair Heaney opened the public hearing. There being no public comment, Chair Heaney discussion back to the Commission.., :losed the,public hearing and turned the Member Piper moved, Member Vanderod Conditional Use Permit to allow outdoor construction equipment and associated m legally described as Lot ,,.;BIagk 2, Cedar 1. This Conditional. Use Permit: shall be i by the City Council. coded a motion tt) recommend approval of a ,e`of:trailers, vehreles, two storage pods, on property located at 3650 Kennebec Drive ,vial Parts, subject to the following conditions: at Dakota County within 60 days of approval 2. The outdoor storage shall be.:`limited to the iteris upon and located in the outdoor storage area as Identified on this Site Plan received January 28, 2011. 3. A minimum 20' I:mergeni, access aisle shall be designated and maintained on the south fide of the buildir!` z�,.and a', drive aisle shall be maintained through the parking and storage a alonghewest and east sides of the building. 4. Mlseellaneous items not show the approved Site Plan shall be removed from the storage = area and locateich inside' the storage pods or principal building or removed from the site no'laterthan June 1i�2012. 5. The applicaht.shall submit a revised Site Plan identifying 23 parking stalls, striped per Code Requirements"6nd reflect the required setback requirements. 6. The revised Site Plan shall include the location of the trash containers. 7. Parking stalls, per the revised Site Plan, shall be striped no later than August 1, 2011. 8. City Code violations pertaining to expired license tabs, non - licensed vehicles and outdoor storage of tires, empty barrels, auto parts and other debris shall be corrected no later than June 1, 2012. 9. The storage area shall be cleared of debris and weeds and maintained in an orderly fashion. 10. All parking and storage areas shall be properly maintained to prevent deterioration. 11. Outdoor storage shall be limited to operational vehicles or associated with the applicant's business. All voted in favor. Motion carried 7 -0 PLANNING REPORT CITY OF EAGAN REPORT DATE: June 23, 2011 APPLICANT: Eagan General Repair PROPERTY OWNER: Raydar Prop LLC REQUEST: Conditional Use Permit CASE: 17- CU- 01 -01 -11 HEARING DATE: June 28, 2011 APPLICATION DATE: January 28, 2011 PREPARED BY: Sarah Thomas LOCATION: 3650 Kennebec Drive COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I -1, Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to allow outdoor storage of trailers, vehicles, two storage pods, construction equipment and associated material on property located at 3650 Kennebec Drive legally described as Lot 5, Block 2, Cedar Industrial Park. AUTHORITY FOR REVIEW Outdoor storage is allowed via a Conditional Use Permit when conducted by an occupant of the principal building, subject to the regulations of the Conditional Use Permit and Outdoor Storage standards. Conditional Use Permit: City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. Ifs- Planning Report — Eagan General Repair CUP June 28, 2011 Page 2 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8. Is appropriate after considering whether the property is in compliance with the City Code. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND/HISTORY There is one building located on the site, approximately 13,800 SF in size, which was constructed in 1987. Eagan General Repair has been a long term tenant and has outdoor storage needs affiliated with their business of repairing, fabrication, welding, machining and restoration of various items. A complaint regarding the outdoor storage was received by City Code Enforcement staff in 2010. City staff began working with the property owner's representative, but since he resides in Arizona during the winter months, the applicant requested that action on the application be delayed until his return in May 2011. Planning Report — Eagan General Repair CUP June 28, 2011 Page 3 EXISTING CONDITIONS Eagan General Repair is one of three businesses located within the building. City staff visited the site during the Fall and Winter of 2010 and observed storage related to the business. Staff visited the site again this spring and noticed an overall improvement; however, storage items continue to be stored along the side and rear property lines as well as abutting the rear and west elevations of the building. Some of the storage is within the five foot setback area and is located on grass, which is an unapproved surface. The storage items range in variety and include an ice house, storage pods, plows and loader buckets on top of the storage pods, tires, trailers, licensed and unlicensed vehicles, front end loaders, steel, scrap, garbage and recycling containers, engines, miscellaneous auto parts, metal storage racks and a fork lift. A connection between the subject parcel and the property to the west has been created in the center of the site. Staff acknowledges this as an existing condition for circulation between the two properties but it would not be allowed with a new development unless the proper shared access easements are in place. Additionally, a recent site visit found an auto repair business operating from the building with outdoor storage of vehicles. City staff will follow up regarding this business under a separate enforcement case. SURROUNDING USES The subject site is surrounded by I -1, Limited Industrial properties. EVALUATION OF REQUEST Compatibility with Surrounding Area — Outdoor storage is a conditional use in the I -1 zoning district. The proposed use appears compatible with the surrounding properties and existing uses; however, a concerted effort to remove refuse and organize the site is necessary. Site Plan — The applicant proposes the outdoor storage of items that pertain to the business. The items vary dependent upon the work that is being performed and may include licensed and unlicensed vehicles, trailers, forklifts, storage pods, plows and loader buckets on top of the storage pods, tires, trailers, front end loaders, steel, scrap, garbage and recycling containers, engines, miscellaneous auto parts and metal storage racks. The Site Plan received January 28, 2011 provides the location of the outdoor storage, with an open storage area and specifically delineates the location of the metal storage rack, sanitary waste dumpster and scrap iron container. Outdoor Storage — The standards for outside storage found in City Code Section 11.70 Subd.22 are outlined below. III Planning Report — Eagan General Repair CUP June 28, 2011 Pap-e 4 1. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I -1) and general industrial (I -2) zoning districts, the enclosure may be detached from the principal building. According to the applicant, an enclosure is not proposed for security concerns. A fence is located on the shared property line between the subject property and the adjacent property to the south. Full enclosure does not appear to be necessary given the use, location and surrounding uses. 2. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. The storage areas are located along the sides and rear of the property. A minimum 5' setback is required for outdoor storage from side and rear lot lines abutting other industrial uses. It appears that existing curbs meet the required 5' set back; however, the applicant will need to relocate stored items from within the five foot setbacks from the side and rear of the property. 3. The outdoor storage area shall be screened from view from the public right -of -way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. The adjacent properties are zoned and guided for industrial use and screening is not required from adjacent parcels that are zoned I -1. The building screens some of the storage areas from the street. The storage pods and steel, scrap, garbage and recycling containers are visible but are common in the industrial areas. 4. The storage area shall not interfere with any pedestrian or vehicular movement. The proposed storage plan maintains the driving and maneuvering areas within the site. Emergency vehicle access should be maintained around the building as best as possible. A minimum 20' wide driving aisle is necessary to accommodate emergency vehicles and should be designated and maintained around the rear of the building, and a 24' drive aisle should be maintained through the parking areas. 5. The storage area shall not take up required parking spaces or landscaping areas. According to the Site Plan, the proposed storage areas do not occupy required landscaping areas; however, storage is occurring on unapproved surfaces. This storage must be relocated. 1 Planning Report — Eagan General Repair CUP June 28, 2011 Page 5 The 13,800 SF warehouse building requires 23 parking spaces. The Site Plan identifies two different parking stall totals and it is unclear whether the dimensions are those of existing or proposed stalls. The applicant should submit a revised Site Plan identifying 23 parking stalls, striped per City Code requirements (10 ft x 19 ft). Outdoor storage should not occur in employee and customer parking stalls. 6 The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. The Site Plan identifies the entire storage area is paved with bituminous and edged with concrete curb and gutter. Existing Conditions — The existing parking and storage areas are paved with blacktop surfacing that is in generally fair condition. City code requires that all off - street parking and storage areas be surfaced with a material to control dust and drainage, and that the surface shall be properly maintained to prevent deterioration. The building is connected to City sewer and water services. Access /Parking Lot — Access to the site is currently from two driveway entrances onto Kennebec Drive that will remain unchanged. Financial Obli agtion — At this time, there are no pending assessments on the parcel. Landscaping — Existing landscaping should be maintained and any dead plant materials replaced. Grading/Storm Drainage — The site was graded previously, is paved and served with curb and gutter and storm sewer. No changes to the site grading or storm drainage are proposed. Wetlands /Water Quality — There are no wetlands on the property and no increase to impervious surface is proposed. Tree Preservation — No new development and no tree removal is proposed. Trash Containers — The Applicant's Site Plan identifies trash containers to be located along the west side of the building. City Code requires trash containers to be stored in an enclosure constructed of materials to match the exterior of the principal structure or located indoors. The applicant has requested that the trash containers be included in the outdoor storage request to allow for better site functionality. The containers are proposed to be located adjacent to the building. The location of the trash containers should be depicted on the revised Site Plan. III Planning Report — Eagan General Repair CUP June 28, 2011 Page 6 SUMMARY /CONCLUSION The applicant is requesting approval of a Conditional Use Permit (CUP) for the outdoor storage of trailers, vehicles, construction equipment and associated material to Eagan General Repair. Due to the variety of items the business works on, it is difficult to specify exactly the number and type of items that will be stored outdoors. The applicant does not propose to enclose the storage area for security purposes. No new construction is associated with this proposal. The site is located in an industrial area and the proposed outdoor storage occurs in the side and rear yards of the property. This type of use is common in the area and it appears the standards for outdoor storage are met with the exception that existing storage is occurring within landscaped areas and the five foot setback. This storage must be relocated. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to allow outdoor storage of trailers, vehicles, two storage pods, construction equipment and associated material on property located at 3650 Kennebec Drive legally described as Lot 5, Block 2, Cedar Industrial Park. 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The outdoor storage shall be limited to the items upon and located in the outdoor storage area as identified on the Site Plan received January 28, 2011. 3. A minimum 20' emergency access aisle shall be designated and maintained on the south side of the building, and a 24' drive aisle shall be maintained through the parking and storage area along the west and east sides of the building. 4. Miscellaneous items not shown on the approved Site Plan shall be removed from the storage area and located inside the storage pods or principal building or removed from the site no later than June 1, 2012. 5. The applicant shall submit a revised Site Plan identifying 23 parking stalls, striped per Code Requirements and reflect the required setback requirements. 6. The revised Site Plan shall include the location of the trash containers. 7. Parking stalls, per the revised Site Plan, shall be striped no later than August 1, 2011. 8. City Code violations pertaining to expired license tabs, non - licensed vehicles and outdoor storage of tires, empty barrels, auto parts and other debris shall be corrected no later than June 1, 2012. ao Planning Report — Eagan General Repair CUP June 28, 2011 9. The storage area shall be cleared of debris and weeds and maintained in an orderly fashion. 10. All parking and storage areas shall be properly maintained to prevent deterioration. 11. Outdoor storage shall be limited to operational vehicles or associated with the applicant's business. 10-\,,I Location Map Fort Snelling State Park Subject Site F 1 Map Area Extent 0 N ,,6 I K X// I I � 1 r• •..... y O N 1 J G( D Woodhaven Path Feet Project Name: 3650 Kennebec Drive - Eagan General Repair° 500 1,000 2,000 Request: Conditional Use Permit Legend Case Nos.: 17- CU- 01 -01 -11 ,.II. 116ui City Boundary Parcels Parks Buildings N A p b � City of Evan 4 111 � City of EaRan Current Zoning and Land Use Map Application: Eagan General Repair Type: Conditional Use Permit Case No.: 17-CU-01-01-11 Zoning 11- Limited Industrial Land Use Plan 11- Limited Industrial Z\ N 0 300 600 1,200 mmmmmE::��� Feet IND MO IND 'IND Subject Site IND MD MD IND RC HD PD R-1 Subject Site R-3 R-3 PD LJ �4 CGD IND MO IND 'IND Subject Site IND MD MD IND RC HD NARRATIVE 1 Eagan General Repair is in the business of repairing,fabricating, welding,machining and restoration of various items. We may have several items at a time waiting outside to bring in for repair. various items including but not limited to trailers,vehicles and construction equipment in for repair that are not operable and occasionally off road vehicles for restoration that do not have or require current license. We also have trucks used for pickup and delivery of goods including disposal of scrap. We have forklifts for loading and unloading items, a skid loader for grounds maintainance. We also have a small amount of shipping pallets on hand for shipping and recieving of goods, a sanitary waste dumpster,a steel pipe rack and an enclosed scrap steel bin. We are requesting a conditional use permit for the above outside storage. C NARRATIVE 2 RECEIVED FEB 24 2011 42 -21 -2011 To The City of Eagan In response to your letter Feb 10 #h. In regards to the site plan submitted the only part of this-it that I have a sanitary waste dumpster that is 6 feet wide, 3 j feet deep and 4 feet tall. We have at the rear of the building a steel pipe rack that is 16 feet wide 5 feet deep and 6 feet high. I aldo have a scrap steel bin on the side of the building that I propose fabricating an enclosure that would be about 12 feet long 4 feet deep and 5 feet high. The additional request you asked For are not my decision to sake as I do not own the building. I have contacted the owner Ray Palmer and have not gotten a response back from as of today. Mark Durand Iaq . � r � •S � .fv . .�:• �, �,�, � w �� fi � � O4 a w��' + l y � S• v Sig- -; r fib - %L ,Lla v s hd 4 i nti to uaCi6 'wag .i g3 s FIR v, r, I 6 ti � t t , f ' g r i S - t I Agenda Information Memo July 5, 2011, Eagan City Council Meeting C. FINAL PLAT AND PLANNED DEVELOPMENT AMENDMENT — GOPHER RESOURCES (3385 & 3365 DODD ROAD AND 805 YANKEE DOODLE ROAD) ACTION TO BE CONSIDERED: A. To approve a Final Plat (Gopher Eagan Industrial Park 8 th Addition) to adjust the boundaries of three parcels with a current legal description of Lot 1, Block 1, Gopher Eagan Industrial Park 3` Addition; Lot 1, Block 1 Gopher Eagan Industrial Park 6 th Addition; and Outlot G, Gopher Eagan Industrial Park 2 nd Addition. B. To approve Termination of the Interim Use Permit upon that portion of Outlot G, Gopher Eagan Industrial Park 2 nd Addition being platted as part of Lot 1, Block 1, Gopher Eagan Industrial Park 8 th Addition. C. To approve (OR direct preparation of Findings of Fact for Denial), a Planned Development Amendment to allow outdoor storage of semi - trucks and trailers, cargo containers and bulk materials in bins, and expansions to the corporate office building and two other processing and warehouse buildings at 3385 Dodd Road, upon proposed Lot 1, Block 1, Gopher Eagan Industrial Park 8 th Addition, subject to the conditions listed in the APC minutes. D. To approve (OR direct preparation of Findings of Fact for Denial), of a Planned Development Amendment to allow outdoor storage of semi - trucks and trailers and an expansion to the Recycling Zone at 3365 Dodd Road, upon proposed Lot 2, Block 1, Gopher Eagan Industrial Park 8 th Addition, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Items A and B - Majority of Councilmembers present Items C and D — At least three votes FACTS: Final Plat ➢ The applicant is requesting approval of a Final Plat to adjust the lot boundaries of three existing parcels. ➢ The adjustments are intended to accommodate the proposed site improvements and building expansions to the Gopher Resources and Recycling Zone properties. ➢ The County Plat Commission reviewed the plat on June 29, 2011, and requested that it be revised to reflect additional right -of -way dedication for Yankee Doodle Road for approximately 130' lying west of the intersection with Hwy. 149. 13:;7,, ➢ A revised Final Plat is anticipated prior to the City Council meeting on July 5, 2011. Planned Development Amendment ➢ The Applicant is requesting approval of a Planned Development Amendment to allow outdoor storage of semi - trucks and trailers and building expansions located at 3385 and 3365 Dodd Road. ➢ The improvements are to be phased in over a 10 -year time period. ➢ The proposed outdoor storage appears to satisfy typical performance standards. ➢ The site is screened and buffered from surrounding properties which, with the exception of Thresher Fields to the north, are also zoned and guided for Industrial uses. ➢ Building additions are proposed to be compatible in appearance and design with the existing buildings on siteot. ➢ The trailer storage setback from Park property to the north is 45' vs. 50' required, and the proof of parking area conflict with the truck staging and trailer storage areas. These deviations can be accommodated within the Planned Development. Gopher Resources Property — (3385 Dodd Road, proposed Lot 1, Block 1) ➢ Site improvements to the Gopher Resources property include: • Relocating the Gopher Resources driveway further west on Yankee Doodle Road • Constructing a truck staging area within the site to provide a place for trucks to wait to deliver or pick up materials, • Expanding and enhancing stormwater management ponding. ➢ Proposed Building Expansions for Gopher Resources include: • Building A (Corporate Office and Hygiene Bldg.) — 3 -story 18,000- 20,000 s.f. addition • Scale House and Ticket Exchange (Warehouse D) — 2,500 s.f addition • Warehouse D — 80,000 s.f. addition to battery storage warehouse (hazardous materials storage) • Building B — Raw Materials Processing Building • Equipment Screening and Containment Enclosure adjacent to Building B ➢ Outdoor storage includes: • Truck staging near the main entrance (16 trucks) • Truck staging north of Building B (Raw Materials Processing Center) (10 trucks) • Existing trailer storage and cargo containers to continue north of Building B (68 trailers) • Existing open concrete storage bins to continue in the center of the site Recycling Zone Property (3365 Dodd Road, proposed Lot 2, Block 1) ➢ On the Recycling Zone property, the following improvements are proposed: • Expanded trailer storage west of the building (23 trailers) • 48,000 s.f. building expansion • Expanded stormwater management ponding 153 Termination of Interim Use Permit ➢ An Interim Use Permit for the yard waste composting facility at 805 Yankee Doodle Road was approved in 2007 for a ten year term. ➢ The Final Plat incorporates portions of the existing Outlot G into proposed Lot 1, to accommodate the proposed site improvements on the Gopher Resources site. ➢ The Interim Use Permit should be terminated on those portions of Outlot G being replatted as part of proposed Lot 1. ➢ The Interim Use Permit will remain in effect on the balance of the parcel, proposed to be platted Outlot A with the final plat of Gopher Eagan Industrial Park 8 Addition. ISSUES: None 60 -DAY AGENCY ACTION DEADLINE: July 17, 2011 ATTACHMENTS (4): Location Map, pages 13� through);( Draft June 28, 2011, APC minutes, pa es through Staff Report, pages through /f Gopher Resources Environmental Initiatives document on page �. i ��4 Project Name: Gopher Resources, Inc. Request: Planned Development Amendment Case No.: 12- PA- 04 -05 -11 I I l Feet 500 1,000 2,000 Legend ,MISS 16,,j City Boundary Parcels \ Parks Buildings N City of Eagan Location Map II IN3 4A4 'A,, mum F r pp ` � ,� � � .f� f , `'�„ y . ��1 � � ./� �� � � W � �� �. S r _ r p . r y -" ice ✓" � � �� r. • ' n �,.''� ' ' f r �� � ., .~ ~/ ,� �, �/~ - . -- - .'~ ^ ''',�/ , ` ` _� ^� `� ~. ,' ' �� - ^ .� .. .` -. ' ° °. ~. �` .. °�-. '. � ~ �� � `» Advisory Planning Commission June 28, 2011 Page 6 of 12 D. Gopher Resources Corporation Applicant Name: Gopher Resources Corporation Location: 3365 & 3385 Dodd Road; Lot 1, Block 1, Gopher Eagan Industrial Park 6th Addition, Outlot G, Gopher Eagan Industrial Park 2nd Addition, Lot 1, Block 1, Gopher Eagan Industrial Park 3rd Addition Application: Planned Development Amendment A Planned Development Amendment to allow outdoor storage of semi - trailer trucks and expansions to the corporate office building and two other processing and warehouse buildings, as well as to the plastics recycling building. File Number: 12- PA- 04 -05 -11 Planner Dudziak introduced this item and highlighted the lnformatlon presented in the City Staff report dated June 23, 2011. She noted the background and hist6 Applicant John Tapper stated he was available for_q '16ns. Chair Heaney opened the public hearing. Ron Hanson, Cliff Road, stated concern for hazardous ',chemicals'being stored in d possible ground water contamination. Mr. Tapper stated batteries are stored fnd©ora,_and that the stored, trailers are typically empty; however, plastic or recycled pellets are sQmeff 0s stored in the'trallers. There being no further public comment, Chair H,e piney dlos;ttyepublic hearing and turned the discussion back to the °:Commission. Member Piper askedcut prop`sed driveway location change and the County's plan for Yankee Doodle Road. "' :`: Assistant City l= ngineer John.Gorder discus0ed'2007 Yankee Doodle Rd. corridor study from 1- 35E to- ' 149 reg�rcling ac66ss.spacing and mobility through the area. He explained that Gopher Resource's pr600"Sal to relocate the driveway 250 feet to the west is consistent with the recdrrnendations of the corridor st dy will increase spacing from the intersection, prevent left turnfno. movements onto,Yankeelboodle Rd., allowing for greater safety and better mobility. Member Vanderpoel asked about how many trucks could fit in that 250' length. Assistant City Engineer Gorder responded approximately three trucks. Member Dugan inquired about environmental concerns. Mr. Tapper explained that numerous permits are required to operate the facility at the Federal, State and County level. He went on to state Gopher is compliant with all environmental requirements. Member Piper moved, Member Vanderpoel seconded a motion to recommend approval of a Final Plat (Gopher Eagan Industrial Park 8 Addition) to adjust the boundaries of three parcels with a current legal description of Lot 1, Block 1, Gopher Eagan Industrial Park 3 i J7 Advisory Planning Commission June 28, 2011 Page 7 of 12 Addition; Lot 1, Block 1 Gopher Eagan Industrial Park 6 Addition; and Outlot G, Gopher Eagan Industrial Park 2 nd Addition. All voted in favor. Motion carried 7 -0 Member Piper moved, Member Supina seconded a motion to recommend Termination of the Interim Use Permit upon that portion of Outlot G, Gopher Eagan Industrial Park 2 nd Addition being platted as part of Lot 1, Block 1, Gopher Eagan Industrial Park 8 Addition. (The Interim Use Permit shall remain in effect upon the balance of the parcel upon proposed Outlot A, Gopher Eagan Industrial Park 8 Addition.) All voted in favor. Motion carried 7 -0 Member Piper moved, Member Filipi seconded a motion tQ�recomMeo 1 approval of a Planned Development Amendment to allow outdoor storage f- semi- trailer truck and expansions to the corporate office building and two other processing and - warehouse bUtriings at 3385 Dodd Road, upon proposed Lot 1, Block 1, Gopher Eagan Industrial Park 8 Addift -n, 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 within 90 days;of, approval. Proof of recording shall be provided to the City. The PD,Amendment Agree meent shall include the following exhibits: a. Site Plan b. Building Elevations c. Landscape Plan d. Tree Mitigation"Plan 2. Any building expansions not completed within fifteen years (August 1, 2026) shall require a new Planned - Development Amendment. 3. The applicant shall con #inueJp,work with City'$taff to improve addressing and building PI cc 4. :E; r; 5. 6. 7. 8. 0 Jfication. for emerg cy purposesi including providing an updated Emergency Response `Any new building rl tf'nbers a'n' J 00 " identification mounted on the buildings shall be - istent with thO�,design criteria in the City Code. rior materials fbr alJ building additions shall be consistent with existing materials and 1es. Introduction of,new materials and colors shall be compatible with the existing. Aaaitions to existing buildings st all be subject to mechanical screening requirements in compliance with current City Codes. If proof of parking areas ire constructed, then a revised internal circulation plan shall be submitted for!teview ano"approval by City staff. The outdoor storage shall be limited to the type and amount and area of items as depicted on the approved"Site'Plan. Separate Landscape and Tree Mitigation Plans shall be submitted. A financial guaranty shall be provided for both landscape and mitigation trees. The amount of financial guaranty shall be calculated by City Staff, and the guaranty submitted prior to release of the PD Amendment Agreement for recording. The applicant shall submit a revised Tree Preservation Plan to provide information consistent with the requirements of City Code. The revised Tree Preservation Plan shall be submitted for incorporation into the PD Amendment Agreement, subject to review and approval of the City Forester. 10. The applicant shall be responsible for replacing any relocated trees that do not survive the move. 11. The applicant shall be responsible for obtaining all necessary County permits for the access relocation work within Yankee Doodle Road right -of -way. 12. The applicant shall be responsible for obtaining a City grading permit for the proposed service drive and staging area improvements. All voted in favor. Motion carried 7 -0 Member Piper moved, Member Vanderpoel seconded a motion to recommend approval of a Planned Development Amendment to allow outdoor storage ofsemi- trailer trucks and an expansion to the Recycling Zone at 3365 Dodd Road, upon proposed "bt 2, Block 1, Gopher Eagan Industrial Park 8 Addition, subject to the following coiidi #lens. 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office within 9L1"days of approval � of recording shall be provided to the City. The PD Amendment Agreement shall include the following exhibits: a. Site Plan b. Building Elevations c. Landscape Plan d. Tree Mitigation Plan 2. Any building expansions not completo within fifteen years(Qugust 1, 2026) shall require a new Planned Development Amendrrfent 3. The applicant shall continue to work with City Staff.to improve ddressing and building identification for emergency purposes, "includino ot6Vidi,ng ani�bpdated Emergency Response Plan. Any new buildmg"O'Umbers and door identification tnbunted on the buildings shall be consistent with th6 in the City Code. 4. Exterior materials for all building additions s ]hall be consistent with existing materials and finishes. Introduction of new;materials and colors shall be compatible with the existing. 5. Additions to existing buildings sklall be subject 6' mi echanical screening requirements in complian '0e with current "City Cbtles 6. If proof of pa`rking,ereas are,constructed; -then revised internal circulation plan shall be submitted for revievand approval by City staff. 7. - The outdoor storage shall be limi mted, to the type and amount and area of items as depicted onatte approved Site Plan. 8. Sepairate Landscape and Tree Mitigation Plans shall be submitted. A financial guaranty shall be provided for both" andscape and mitigation trees. The amount of financial guaranty shall be calculated by City Staff, and the guaranty submitted prior to release of the PD AmendmentAgreement for recording. 9. The applicant shall- submit a revised Tree Preservation Plan to provide information consistent with the requirements of City Code. The revised Tree Preservation Plan shall be submitted for incorporation into the PD Amendment Agreement, subject to review and approval of the City Forester. 10. The applicant shall be responsible for replacing any relocated trees that do not survive the move. 11. The applicant shall be responsible for obtaining all necessary County permits for the access relocation work within Yankee Doodle Road right -of -way. 12. The applicant shall be responsible for obtaining a City grading permit for the proposed service drive and staging area improvements. All voted in favor. Motion carried 7 -0 f3q PLANNING REPORT CITY OF EAGAN REPORT DATE: June 23, 2011 APPLICANT: Gopher Resources, Inc. PROPERTY OWNER: Gopher Resources, Inc. REQUEST: Planned Development Amendment CASE: 12- PA- 04 -05 -11 HEARING DATE: June 28, 2011 APPLICATION DATE: May 18, 2011 PREPARED BY: Pamela Dudziak LOCATION: 3385 Dodd Rd., 3365 Dodd Rd., and 805 Yankee Doodle Rd. COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: PD, Planned Development SUMMARY OF REQUEST The Applicant is requesting approval of a Planned Development Amendment to allow outdoor storage of semi - trailer trucks and expansions to the corporate office building and two other processing and warehouse buildings, as well as to the plastics recycling building. The Applicant is also proposing a Final Plat to move the common boundaries among the three parcels to accommodate proposed new construction. Because the three parcels are contiguous and in the same ownership, and the number of parcels will remain the same, a Preliminary and Final Subdivision is not necessary. The Final Plat does require City Council approval and is not subject to a public hearing. Along with the Final Plat, the applicant has petitioned for a Vacation of Easements along current parcel boundaries so that when the new boundaries are completed, the easements will not pose a hindrance to future development. The site is located northwest of the intersection of Yankee Doodle Road and Hwy. 149 (Dodd Road). The Gopher site is located at 3385 Dodd Road and the plastics recycling is located at 3365 Dodd Road. 805 Yankee Doodle Road contains a yard waste compost facility. AUTHORITY FOR REVIEW Chapter 11, Section 11.50, Subdivision 5 states, in part, The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two - thirds of all members of the council. I LIZ) Planning Report — Gopher Resources June 28, 2011 Page 2 The Council shall not rezone any land or area in any zoning district or make any other proposed amendment to this chapter without first having referred it to the advisory planning commission for its consideration and recommendation. BACKGROUND /HISTORY The site consists of three platted parcels. The two developed parcels are platted lots, Gopher Resources and Recycling Zone facilities. The Gopher Resources facility was established in this location in the 1950s and the Recycling Zone (Resource Plastics) was developed in 1997. The undeveloped lot is a platted outlot and serves as a yard waste composting site. The compost site is operated by Gerten's Regional Eco Services, which composts grass clipping, leaves and other yard waste, and also sells landscape quality dirt and mulches. The Gopher -Eagan Planned Development was initially established in 1977 and encompassed approximately 428 acres including the three parcels that comprise the subject site. Over time, larger portions of the original Planned Development were sold off and developed by different parties including West Publishing (now Thomson Reuters) and UPS. In conjunction with the proposed plastics recycling facility in 1996, the Planned Development was updated to reflect these changes. A Final Planned Development Agreement dated July 20, 1999, governs the use and development of Lot 1 Block 1, Gopher -Eagan Industrial Park 6 th Addition. This Final PD Agreement, and identifies the multiple office, warehouse and storage and other buildings on the property and replaced all prior PD Agreements on the property. The Final Plat of Gopher Eagan Industrial Park 8 th Addition designates this as proposed Lot 1, Block 1. The Resource Plastics recycling facility was constructed in 1997 on Lot 1, Block 1, Gopher -Eagan Industrial Park 3` Addition. The development and use of this property is governed by a Final Planned Development Agreement dated April 15, 1997. The Final Plat of Gopher Eagan Industrial Park 8 th Addition designates this as proposed Lot 2, Block 1. An Interim Use Permit for the yard waste recycling was issued for the vacant property west of the Gopher site, Outlot G Gopher Eagan Industrial Park 2 nd Addition, in 2007 for a 10 -year term, expiring June 1, 2017. The Final Plat of Gopher Eagan Industrial Park 8 th Addition designates this as proposed Outlot A. The proposed Planned Development Amendment will amend the two Final Planned Development Agreements for both the Gopher Resources facility and the Resource Plastics facility. The Interim Use Permit will remain in place for the yard waste recycling facility. EXISTING CONDITIONS The site consists of three parcels, two developed and one undeveloped. Yankee Doodle Road provides separate accesses to the Gopher Resources and yard waste compost sites; access to the Recycling Zone is from Hwy. 149 (Dodd Road). Railroad tracks (Chicago, Milwaukee, St. Paul, Pacific Railway) extend along the east side of the property. Visibility into the site from the Planning Report — Gopher Resources June 28, 2011 Page 3 public right -of -way and adjacent property is limited due to topography, existing vegetation and orientation of the buildings. The Gopher Resources site contains outside storage of trailers and materials. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Description of Proposal — The applicant is proposing multiple improvements to the site that will take place over the next 10 years. These include building expansions, expansion of stormwater management facilities, relocating the Yankee Doodle Road access, and constructing a truck staging area within the site. Expansions of outdoor trailer storage and outdoor storage bins are also part of this proposal. The applicant's narrative describes the proposed improvements in greater detail. The proposed driveway relocation for the Gopher moves the access further west on Yankee Doodle Road. In conjunction with relocating the access, Gopher proposes also to construct a truck staging area within the site to provide a place for trucks to wait to deliver or pick up materials. The applicant's narrative indicates this will reduce truck stacking on the public street, and improve pedestrian and small vehicle safety within the site. Stormwater management ponding will be expanded and enhanced to manage stormwater runoff and reduce pollutant to meet requirements of the MPCA's Industrial Stormwater Permit. Proposed Building Expansions include: • Building A — Corporate Office and Hygiene Building 3 -story 18,000- 20,000 s.f. addition • Scale House and Ticket Exchange (Warehouse D), 2,500 s.f addition • Warehouse D — 80,000 s.f. addition to battery storage warehouse (hazardous materials storage) • Building B — Raw Materials Process Building I 4a Existing Use Zoning Land Use Designation North Park P, Park P, Parks, Open Space and Recreation East Railroad, Office/ warehouse I -1, Limited Industrial and IND, Limited Industrial PD, Planned Development South Vacant approved for PD, Planned Development IND, Limited Industrial office /warehouse; water reservoir West Park P, Park P, Parks, Open Space and Recreation EVALUATION OF REQUEST Description of Proposal — The applicant is proposing multiple improvements to the site that will take place over the next 10 years. These include building expansions, expansion of stormwater management facilities, relocating the Yankee Doodle Road access, and constructing a truck staging area within the site. Expansions of outdoor trailer storage and outdoor storage bins are also part of this proposal. The applicant's narrative describes the proposed improvements in greater detail. The proposed driveway relocation for the Gopher moves the access further west on Yankee Doodle Road. In conjunction with relocating the access, Gopher proposes also to construct a truck staging area within the site to provide a place for trucks to wait to deliver or pick up materials. The applicant's narrative indicates this will reduce truck stacking on the public street, and improve pedestrian and small vehicle safety within the site. Stormwater management ponding will be expanded and enhanced to manage stormwater runoff and reduce pollutant to meet requirements of the MPCA's Industrial Stormwater Permit. Proposed Building Expansions include: • Building A — Corporate Office and Hygiene Building 3 -story 18,000- 20,000 s.f. addition • Scale House and Ticket Exchange (Warehouse D), 2,500 s.f addition • Warehouse D — 80,000 s.f. addition to battery storage warehouse (hazardous materials storage) • Building B — Raw Materials Process Building I 4a Planning Report — Gopher Resources June 28, 2011 Page 4 • Equipment Screening and Containment Enclosure • 48,000 s.f. expansion to Recycling Zone On the Gopher Resources site, outdoor storage includes: • Truck staging near the main entrance • Truck staging north of Building B (Raw Materials Processing Center) • Existing trailer storage and cargo containers to continue north of Building B • Existing open concrete storage bins to continue in the center of the site On the Recycling Zone property, expanded trailer storage is proposed west of the building Compatibility with Surrounding Area — The surrounding area is developed and /or zoned primarily for industrial and business park uses, the one exception being Thresher Fields. The proposed modifications to this Planned Development do not change the existing uses. The existing uses will remain and the proposed modifications to the Planned Development will allow for future expansions to buildings and improve internal operations and site circulation. Airport Compatibility — The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan and has subsequently adopted zoning standards to assist with noise mitigation that are consistent with Metropolitan Council requirements. The Land Use designation associated with this request is Limited Industrial. The subject site is located within Noise Policy Zone 4. The adopted zoning standards consider industrial uses as Compatible within Noise Policy Zone 4 and no further noise mitigation is required. Lots — Lot lines among the three parcels will be shifted to accommodate the new construction and site improvements. This will reduce the size of existing Outlot G. Approval of this PD Amendment will terminate the Interim Use Permit upon that portion of existing Outlot G being incorporated into proposed Lot 1, Block 1 Gopher Eagan Industrial Park 8"' Addition. The IUP will remain in force on the balance of the parcel (proposed Outlot A) and the yard waste composting operations will not be affected. Building Address Numbers — Prompted by this application, City staff reviewed the properties addressing and building number signage. This review revealed multiple buildings within a one parcel, and confusing addressing with the Gopher facility addressed off Hwy. 149 /Dodd Road when the driveway access to the site is from Yankee Doodle Road. We did discuss changing the address of the Gopher facility to a Yankee Doodle Road address to reflect the location of the access to the property, however, Gopher indicated that this would present major challenges for them. The applicant has indicated a willingness to implement other measures to improve compliance with current City Code and effectiveness for emergency response. These include measures such as updating the building number signs with larger and contrasting numbers, identifying each of the multiple doors on the warehouse and processing buildings and posting the label on the building exterior, and providing an updated Emergency Response Plan to public safety officials. Building Elevations /Architecture — The applicant is proposing expansions to several buildings over the next 5 -10 years. Exterior materials are proposed to match existing. The first addition I `li Planning Report — Gopher Resources June 28, 2011 Page 5 planned for 2011 -2012 is to the office and hygiene building on the southeast corner of the Gopher property. This consists of decorative CMU (smooth and rock - face), glass and prefinished metal panels. Two expansions are proposed to Warehouse D: a 2,500 scale house /ticket exchange and 80,000 s.f. warehouse expansion. This building is smooth colored concrete block masonry units. The expansions to this building will also be concrete block in plain and decorative finishes. The scale house will be similar to the corporate office building, and may be painted "a contrasting and complimentary color so to make it more visible for incoming truckers and to make it more compatible with the corporation's image and philosophy." The warehouse addition will be concrete masonry exterior walls or insulated precast concrete panels. "Accent bands in a different texture will be utilized ...." The warehouse addition will provide for 6 -8 loading docks facing south. A 25,000 s.f. addition to the raw materials processing building is anticipated to consist of insulated precast concrete panels to match the existing building panels. The 48,000 s.f. expansion to the Recyling Zone is expected to be similar in look to the existing building which is ribbed insulated precast concrete panels with accent bands formed into the panels. The entrances are "accented with green colored canopies ... to emphasize the company's corporate image and take into account the image of the county's recycling center." Mechanical Equipment — Any building expansions should be subject to mechanical screening requirements in compliance with current City Codes. Both properties were initially developed before the current mechanical screening ordinance was in place. In addition, the unique use of the Gopher Resources property results in specialized equipment projecting above roof level. Viewed from Thresher Fields to the north, some rooftop mechanical equipment is visible such as the stack on the Gopher Resources property, and equipment on the Recycling Zone building. Parking — The site provides much less parking than City Code requires (122 vs. 409 for Gopher Resources, and 50 vs. 196 for Recycling Zone). The applicant has submitted a Proof of Parking Plan showing where additional parking stalls could be added. Many of the proof of parking areas do conflict with the proposed truck staging or trailer storage areas. However, with this unique use, while the buildings are quite large, they house a lot of storage and processing equipment, resulting in comparatively few employees at the site. The Planned Development provides flexibility to deviate from the typical code requirements and such deviation is a policy matter to be determined by City officials. Outdoor Storage — The proposed PD Amendment includes constructing a truck staging area on the west side of the Gopher Resources facility, and also to the north of Building B (the Raw Materials Processing Center, RMPC). The western area provides staging for up to 16 trailers. The northern staging area provides space for up to 10 trucks. Trailer storage is already provided north of Building B for 68 trailers. This area also houses storage containers that contain materials and products used in processing that are flammable and reactive and cannot be stored indoors. J LW Planning Report — Gopher Resources June 28, 2011 Page 6 Expanded trailer storage for 23 trailers is proposed west of the expanded Recycling Zone building. Both sites are secured by fences and gates. A new screening wall is proposed on the inside of the driveway entrance to screen views into the site from Yankee Doodle Road. Berming and landscaping along Yankee Doodle Road provide additional screening of the internal drive and parking lot. Topography and buildings provide screening of the storage and activity areas of the site. Existing concrete storage bins in the center of the Gopher Resources site are proposed to remain. The applicant indicates these bins contain materials such as Coke /Coke Fines, Cast Iron, Sand and Shredded Steel which are fluxing materials used in the furnace. Outdoor storage typically requires a Conditional Use Permit. City Code Section 11.70, Subdivision 22, C, 2, lists performance standards for outdoor storage as follows. The proposed a. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I -1) and general industrial (I -2) zoning districts, the enclosure may be detached from the principal building. Chain link fence exists along some portions of the site. New chain link fence will be installed along the 3west side of the Gopher Resources and Recycling Zone properties with a gate at the driveway to enclose the truck and trailer staging and storage areas. Other truck staging and storage areas are internal to the site and that area is secured by fences and buildings for safety and security. b. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. The storage areas are located to the side and rear of the buildings. All storage areas are internal to the site and located 50' or more from public rights -of -way and 20' or more from other lot lines. The proposed trailer storage area west of the Recycling Zone building abuts Thresher Fields to the north and the proposed setback is approximately 45' rather than the 50' typically required when outdoor storage abuts property zoned for public use. If determined to be acceptable, this deviation can be accommodated through the Planned Development. c. The outdoor storage area shall be screened from view from the public right -of -way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. The outdoor storage areas are located in the interior of the site and are minimally visible from off the property. Topography, buildings and landscaping provide screening of the storage and activity areas of the site. Landscaping has been installed along the north boundary of the site adjacent to Thresher Fields. A new screening wall is proposed on the inside of the new driveway to screen vies into the site from Yankee Doodle Road. Berming and landscaping along Yankee Doodle Road provide additional screening of the internal drive and parking lot. Hs— Planning Report — Gopher Resources June 28, 2011 Page 7 d. The storage area shall not interfere with any pedestrian or vehicular movement. The Site Plan maintains clear circulation for automobiles and pedestrians and should improve other vehicular circulation and safety within the property. e. The storage area shall not take up required parking spaces or landscaping areas. The Site Plan does provide landscape areas and designated automobile parking areas separate from the truck and trailer staging and storage areas. However, proof of parking to satisfy minimum code requirements is shown in the truck and trailer storage areas. f. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. All storage areas are or will be surfaced with bituminous asphalt. Site Lighting — The proposed site lighting appears consistent with City Codes and is typical of industrial property. New lights will be similar to existing. Pole- mounted fixtures are 400 watt metal halide shoebox type, downcast and shielded, mounted at 30' height. Building mounted fixtures are full cutoff so light is directed downward. These will be at the same height as current wall packs. Landscaping — The Landscape Plan identifies a variety of trees to fulfill both landscaping and tree mitigation requirements. A total of 86 trees are proposed, along with the relocation of 32 existing trees within the site. Foundation plants are proposed around the proposed building expansions. Trees are concentrated north of the Plastics Recycling building, the yard waste compost area, and the expansion to Warehouse D, as well as along Yankee Doodle Road. The Landscape Plan does not distinguish between landscape and mitigation trees. Separate plans should be submitted for these two purposes and a financial guaranty provided for all new planting and relocated trees. The amount of financial guaranty shall be calculated by City Staff, and the guaranty submitted prior to release of the PD Amendment Agreement for recording. Tree Preservation — The City Forester has reviewed the submitted Tree Preservation Plan. The applicant's Tree Preservation Plan identifies required mitigation of 50 Category B trees. The City Forester's review identified a required mitigation of 58 Category B trees. The applicant should submit a revised Tree Preservation Plan to provide information consistent with the requirements of City Code. For example, certain trees were not identified by species and for lack of information, the City Forester classified them as hardwood deciduous in his evaluation. Also, mature conifers should be classified by height, not by diameter. The revised Tree Preservation Plan should clarify whether the relocated trees were classified as "saved," and which trees are being relocated. The applicant is responsible for replacing any relocated trees that do not survive the move. The revised Tree Preservation Plan shall be submitted for incorporation into the PD Amendment Agreement, subject to review and approval of the City Forester. Planning Report — Gopher Resources June 28, 2011 Page 8 The Tree Preservation Plan notes that the Landscape Plan provides 86 Category B trees and 32 existing trees to be relocated within the site; this amount exceeds the required mitigation amount. However, the Landscape Plan does not distinguish the mitigation trees from other landscaping, and City Code states that mitigation shall be in addition to any other landscape requirements. Thus, a Mitigation Plan separate from the Landscape Plan should be provided that identifies landscape and mitigation trees, as well as existing trees to be relocated. The Mitigation and Landscape Plans should indicate the size, species and proposed location of all these trees. As mentioned under Landscaping, a financial guaranty is required for all landscaping and tree mitigation. Wetlands /Water Quality — In 2010, Gopher Resource constructed a 750 sq. ft. biofiltration cell in an existing parking lot island to provide water quality treatment for runoff from a 0.28 acre material drop off area at The Recycling Zone facility. An impermeable liner below the filter media protects groundwater by preventing runoff infiltration from a stormwater "hotspot," the area near dumpsters that may drip oils, grease, and other pollutants. Project partners include: Dakota County, Gun Club Lake Watershed Management Organization, City of Eagan, and Barr Engineering. Grading/ Topography — The site was graded with previous development, and only the proposed new entrance drive construction will require grading. Storm Drainage — The proposed development will utilize the existing storm drainage system on the site, which ultimately drains to Ponds EP -2.2 and EP -2 northwest of the site. Additional stone water basins and storm sewer will be constructed with City permits for the proposed additional buildings on the site. Utilities — Existing sanitary sewer and water service lines of sufficient size, depth, and capacity currently serve the buildings on the site. Streets /Access /Circulation — Public street access will remain at two locations, one onto Highway 149 via easement, and one onto Yankee Doodle Road (County Highway 28). In accordance with the Yankee Doodle Corridor Study (2007) approved by the City Council and Dakota County, the applicant is relocating the Yankee Doodle Road driveway access approximately 250 feet west. This access relocation will provide the required access spacing from Highway 149, and in conjunction with the applicant's proposed on -site service drive and staging area improvements, will improve traffic flows on Yankee Doodle Road and within the Gopher Resources property. The applicant should be responsible for obtaining County pen for the access relocation work within Yankee Doodle Road right -of -way. The applicant should be responsible for obtaining a City grading permit for the proposed service drive and staging area improvements. Parks and Recreation — Park dedication for the subject site was previously satisfied through a land dedication (Wescott Station Park). Iq 1 Planning Report — Gopher Resources June 28, 2011 Patie 9 Financial Obli ag tion — At this time, there are no new pending assessments on the parcels. SUMMARY /CONCLUSION The Applicant is requesting approval of a Planned Development Amendment to allow outdoor storage of semi - trailer trucks and expansions to the corporate office building and two other processing and warehouse buildings, as well as to the plastics recycling building located at 3385 and 3365 Dodd Road, and 805 Yankee Doodle Road. The improvements are to be phased in over a 10 -year time period. Anticipated building expansions are proposed to be consistent with the existing building materials. The outdoor storage appears to satisfy typical performance standards. The one exception is a minor deviation to the required setback from Park property to the north, and the proof of parking. These deviations can be accommodated within the Planned Development. The site is screened and buffered from surrounding properties which with the exception of Thresher Fields to the north, are also zoned and guided for Industrial uses. ACTIONS TO BE CONSIDERED A. To recommend approval of a Final Plat (Gopher Eagan Industrial Park W Addition) to adjust the boundaries of three parcels with a current legal description of Lot 1, Block 1, Gopher Eagan Industrial Park 3 Addition; Lot 1, Block 1 Gopher Eagan Industrial Park 6`" Addition; and Outlot G, Gopher Eagan Industrial Park 2 nd Addition . B. To recommend Termination of the Interim Use Permit upon that portion of Outlot G, Gopher Eagan Industrial Park 2 nd Addition being platted as part of Lot 1, Block 1, Gopher Eagan Industrial Park 8 Addition. (The Interim Use Permit shall remain in effect upon the balance of the parcel upon proposed Outlot A, Gopher Eagan Industrial Park 8` Addition.) C. To recommend approval of a Planned Development Amendment to allow outdoor storage of semi- trailer trucks and expansions to the corporate office building and two other processing and warehouse buildings at 3385 Dodd Road, upon proposed Lot 1, Block 1, Gopher Eagan Industrial Park 8 Addition. If approved the following conditions shall apply: An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office within 90 days of approval. Proof of recording shall be provided to the City. The PD Amendment Agreement shall include the following exhibits: a. Site Plan b. Building Elevations c. Landscape Plan d. Tree Mitigation Plan 2. Any building expansions not completed within fifteen years (August 1, 2026) shall require a new Planned Development Amendment. '1� Planning Report — Gopher Resources June 28, 2011 Paae 10 3. The applicant shall continue to work with City Staff to improve addressing and building identification for emergency purposes, including providing an updated Emergency Response Plan. Any new building numbers and door identification mounted on the buildings shall be consistent with the design criteria in the City Code. 4. Exterior materials for all building additions shall be consistent with existing materials and finishes. Introduction of new materials and colors shall be compatible with the existing. 5. Additions to existing buildings shall be subject to mechanical screening requirements in compliance with current City Codes. 6. If proof of parking areas are constructed, then a revised internal circulation plan shall be submitted for review and approval by City staff. 7. The outdoor storage shall be limited to the type and amount and area of items as depicted on the approved Site Plan. 8. Separate Landscape and Tree Mitigation Plans shall be submitted. A financial guaranty shall be provided for both landscape and mitigation trees. The amount of financial guaranty shall be calculated by City Staff, and the guaranty submitted prior to release of the PD Amendment Agreement for recording. 9. The applicant shall submit a revised Tree Preservation Plan to provide information consistent with the requirements of City Code. The revised Tree Preservation Plan shall be submitted for incorporation into the PD Amendment Agreement, subject to review and approval of the City Forester. 10. The applicant shall be responsible for replacing any relocated trees that do not survive the move. 11. The applicant shall be responsible for obtaining all necessary County permits for the access relocation work within Yankee Doodle Road right -of -way. 12. The applicant shall be responsible for obtaining a City grading permit for the proposed service drive and staging area improvements. D. To recommend approval of a Planned Development Amendment to allow outdoor storage of semi - trailer trucks and an expansion to the Recycling Zone at 3365 Dodd Road, upon proposed Lot 2, Block 1, Gopher Eagan Industrial Park 8"' Addition. If approved the following conditions shall apply: I q9 Planning Report — Gopher Resources June 28, 2011 Page 11 An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office within 90 days of approval. Proof of recording shall be provided to the City. The PD Amendment Agreement shall include the following exhibits: a. Site Plan b. Building Elevations c. Landscape Plan d. Tree Mitigation Plan 2. Any building expansions not completed within fifteen years (August 1, 2026) shall require a new Planned Development Amendment. The applicant shall continue to work with City Staff to improve addressing and building identification for emergency purposes, including providing an updated Emergency Response Plan. Any new building numbers and door identification mounted on the buildings shall be consistent with the design criteria in the City Code. 4. Exterior materials for all building additions shall be consistent with existing materials and finishes. Introduction of new materials and colors shall be compatible with the existing. 5. Additions to existing buildings shall be subject to mechanical screening requirements in compliance with current City Codes. 6. If proof of parking areas are constructed, then revised internal circulation plan shall be submitted for review and approval by City staff. 7. The outdoor storage shall be limited to the type and amount and area of items as depicted on the approved Site Plan. 8. Separate Landscape and Tree Mitigation Plans shall be submitted. A financial guaranty shall be provided for both landscape and mitigation trees. The amount of financial guaranty shall be calculated by City Staff, and the guaranty submitted prior to release of the PD Amendment Agreement for recording. 9. The applicant shall submit a revised Tree Preservation Plan to provide information consistent with the requirements of City Code. The revised Tree Preservation Plan shall be submitted for incorporation into the PD Amendment Agreement, subject to review and approval of the City Forester. 10. The applicant shall be responsible for replacing any relocated trees that do not survive the move. IDU Planning Report — Gopher Resources June 28, 2011 Page 12 11. The applicant shall be responsible for obtaining all necessary County permits for the access relocation work within Yankee Doodle Road right -of -way. 12. The applicant shall be responsible for obtaining a City grading permit for the proposed service drive and staging area improvements. cS - I Location Map Project Name: Gopher Resources, Inc. Request: Planned Development Amendment Case No.: 12- PA- 04 -05 -11 500 1,000 2,000 Legend ,.MI. City Boundary Parcels \ Parks Buildings N City of EaQau f Feet City of Eop Current Zoning and Land Use Map Application: Gopher Resources Type: PD Amendment Case No.: 12- PA- 04 -05 -11 � Zonin g PD- Plann Development 1 -1 Limited Industrial Land Use Plan IND - Limited Industrial N 0 300 600 1,200 Feet R,1 / P i - R,71 Subject Site P G O C� PD PD N p . 2a O GG'� BP D I P D IND IND �� Subject Site G O IND IND N p . �O• Gp MO QP IND is� --17- , if AL ! �14 7 ,_ . T l s � ' � -% S �, ..� �`, � .r� � l�.af � �•'� S, :' -yea t� / F S r. j x a � � ..•g F .a "''� `_ ,. °'' .,, _ -:sue" (III Illlli ■ 00.0 s o o 1r o o a u e a c u m® B O C gg g E G d G L nassWar:s3asa�,:,;, :, / / a / "cM .,,. 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MEN sas,s63 I -m e S 0 W 1 N H y , O p I 1 I I i I I 1 I I i I I I I — r I �f I i 1 III _ � I 3 EEI e L I s di J; i e I �� rrrrrrrr� '� .I d I fl' s 4 • I 7 i f n PROPOSED EXTERIOR ELEVATION �; T = HYGIENE & CORPORATE OFFICES;'; o N GOPHER RESOURCE IMPROVEMENTS� EAGAN MN • � S � F �= # _ p A rss e mocuATES TO: City of Eagan FROM: Nicholas Mannel, PE, LEED AP DATE: June 1, 2011 RE: Planned Development Amendment, Final Plat, and Easement Vacation Application Written Narrative — Revised to Address City Comments Gopher Resource Corporation The following narrative has been revised to address City staff comments presented on May 25, 2011. PROJECT NARRATIVE Project Background Gopher Resource Corporation is applying for a Planned Development Amendment, Final Plat, and Easement Vacations covering 3 properties (51.89 acres) in the northwest corner of Dodd Road and Yankee Doodle Road. The 3 properties are owned by Gopher Resource or related companies. The sites are occupied by Gopher Resource Corporation, The Recycling Zone operated by Gopher Resource, and Gerten's Regional Eco- Services. Gopher Resource Corporation seeks to improve the lives of employees and the community by using the best technology available for environmentally safe recycling of lead, plastics and household hazardous waste. The Recycling Zone serves and the County center for residents to properly dispose and recycle items that may be harmful to health or the environment. Gerten's Regional Eco- Services serves as a county compost site and sells landscape quality dirt and mulches. Gopher Resource Corporation has considerable truck traffic delivering products for recycling and picking up finished recycled products. Trucks delivering products for recycling arrive on a scheduled basis. Trucks picking up finished recycled products arrive as they become available after delivering their previous load around the metro area. As a result, at times the entry area to the plant becomes congested with parked trucks waiting to deliver or load products. These trucks occasionally back up into the turn lane on Yankee Doodle Road. Gopher Resource identified these incidents as a public safety concern. Additionally, the congestion at the entrance to the plant can reduce plant efficiency. Gopher Resource has explored options to improve safety and efficiency by I7(Q constructing a Truck Staging Area on the interior of the site. The selected option includes relocating the entrance to the west along Yankee Doodle Road and constructing the Truck Staging Area. The Minnesota Pollution Control Agency (MPCA) has recently revised their requirements for compliance with their Industrial Stormwater Permit. In addition to other measures, Gopher Resource plans to construct stormwater ponds that will retain stormwater runoff for treatment prior to runoff. The stormwater will be treated as required by the Permit provisions. Gopher intends to reuse a portion of this stormwater as process water in the recycling operation. Scope of Proposed Planned Development The proposed Planned Development includes expansions and construction of the following items. See Plan Sheet C2 -1 for a Site Plan highlighting these features. 1. Relocated Site Entrance • Relocates entrance west along Yankee Doodle Road. • Limits site to left turn in, right turn in, and right turn out traffic movements. • Constructs median in Yankee Doodle Road to control traffic movements. 2. Truck Staging Area • Provides short -term staging for approximately16 semi - trailer trucks. • The staging area provides a place to temporarily (up to several hours) park semi - trucks as they wait to deliver products or pick up finished products. • Provides maneuvering areas for the trucks to efficiently access new scale and all site destinations. • Provides roundabout style maneuvering to clearly direct internal truck traffic. • Eliminates internal site truck traffic improving pedestrian and small vehicle safety. 3. Stormwater Management Ponding • Stormwater management ponds designed to meeting requirement of the MPCA's Industrial Stormwater Permit. • The ponds will manage stormwater runoff in a manner that reduces pollutant loading prior to discharge from the site. • The ponds will be lined to prevent infiltration of stormwater runoff prior to treatment. • The retained stormwater will be reused as process water by the recycling operation. 4. Hygiene and Corporate Office Building — Building A Expansion • Approximately 18,000 to 20,000 sf, three story addition to the existing Hygiene and Corporate Office building. • Existing building construction consists of load bearing concrete masonry exterior walls. A variety of concrete textures were utilized, ranging from concrete colored rock face units in a running bond layout to green colored plain concrete masonry units in a stacked bond layout. This variety in texture and color in the masonry i - i P� 9 units, along with the horizontal, green tinted glazing in clear anodized aluminum frames give the building a corporate identification utilizing the company's corporate color palette. Entrances are emphasized by unique curved colored orange canopies. • The new corporate office expansion and addition would consist of load bearing concrete masonry exteriors walls similar to the existing structure or insulated precast concrete panels. Textures and colors similar to the existing building will be utilized but updated to incorporate a new and expanded corporate image for the facility. The addition will be comprised of interior steel columns, metal deck, steel bar joists, reinforced concrete slabs, horizontal green tinted glazing, and an insulated built -up roofing system. Additional materials in the updating of the building may include colored metal panels, metal sunscreens over the windows, and colored EIFS. Several new skylights are also planned to allow natural light into the facility. • Construction would consist of load bearing concrete masonry exterior walls similar to the existing structure or insulated precast concrete panels, interior steel columns, metal deck, steel bar joists, reinforced concrete slabs, insulated green tinted windows, and insulated built -up roofing system. Additional materials may include colored metal panels, metal sunscreens over the windows, and colored EIFS. • Exterior colors will be consistent with the colors currently on the existing office building. • The quality of the future construction and landscaping will be high which will enhance the quality of the existing facility. 5. Scale House / Ticket Exchange — Building D Expansion • 2,500 + /- sf addition to Battery Storage Warehouse Building D. • The construction of the existing warehouse D consists of concrete colored, plain faced concrete block masonry units in a running bond layout. Several accent bands were utilized to create interest to an ordinary industrial building. The accent bands consist of concrete colored, rock faced masonry units in a running bond layout. Openings consist of insulated hollow metal service doors and insulated overhead coiling doors. • The new scale house will be an addition to the south of the existing warehouse D. Construction is anticipated to be concrete block in a variety of finishes from plain faced to rock faced textures. Windows will be horizontally banded with insulated green tinted glazing in clear anodized aluminum frames, similar to the look at the existing Hygiene and Corporate office building. The scale house may be painted in a contrasting but complimentary color to make it more visible for incoming truckers and to make it more compatible with the corporation's image and philosophy. • Addition would consist of several employee offices, a 24 hour vending area, restrooms for truckers and employees, and an area for trucker ticket exchange transactions. • The addition will also provide for visual supervision of the existing warehouse. • The entire building will be a secure facility for employees. 6. Equipment Enclosure • This structure is essentially an equipment screening and containment enclosure. It will be unconditioned space. The existing space includes scrubbers and future emission control equipment which must be screened from the winds coming out of the west and northwest direction. The screening will be used to control any lead dust coming from the immediate area surrounding the equipment. • Construction may consist of pre- engineered metal walls and roof or it may consist of concrete masonry units. Some of the roof will be open to allow for crane access into the equipment area. 7. Battery Storage Warehouse — Building D Expansion • 80,000 sf addition to the existing battery storage warehouse. • Addition would consist of storage of batteries prior to the recycling process, as well as, finished lead ingots. This warehouse is used for storage of hazardous materials, which is MPCA permitted. • The construction of the existing warehouse D consists of concrete colored, plain faced concrete block masonry units in a running bond layout. Several accent bands were utilized to create interest to an ordinary industrial building. The accent bands consist of concrete colored, rock faced masonry units in a running bond layout. Openings consist of insulated hollow metal service doors and insulated overhead coiling doors. • The new expansion construction would consist of load bearing concrete masonry exterior walls or insulated precast concrete panels. Accent bands in a different texture will be utilized to bring interest to the industrial look of the building. Service doors will consist of painted hollow metal doors and frames. Overhead doors will be insulated coiling doors. The structure will consist of interior steel columns, metal deck, steel bar joists, reinforced concrete slabs, insulated overhead doors, insulated built -up roofing system, and the installation of double 60 mil poly liners used as a drainage net to capture potential spills. • Provisions will be made for 6 — 8 loading docks along the south portion of the new addition. • Provisions will be made for the potential and future growth of the maintenance shop into the warehouse with the addition of additional restrooms. 8. Relocated Stormwater Treatment Pond • The stormwater treatment pond forebay will be relocated to provide pretreatment of storm runoff. • Pretreatment of storm runoff helps to settle solid particles out of the storm runoff and reduce the nutrient loading. 9. Raw Materials Processing Building — Building B Expansion • This will be an addition to the existing raw materials processing facility which will consist of raw material processing, storage of raw material, and additional pollution control equipment relating to the process, which is MPCA permitted. • The existing building consists of insulated precast panels extended down to the concrete footings. The panels are flat and uncolored concrete. The building structure consists of interior steel columns, metal deck, steel bar joists and reinforced concrete slabs. The roof is an insulated built -up roof with appropriate drainage systems. Service doors consist of painted insulated hollow metal doors and frames. Loading dock doors are insulated overhead coiling doors. • The proposed building addition is anticipated to consist of new insulated precast concrete panels to match the existing building panels in height and look. The structure would consist of interior steel columns, metal deck, steel bar joists, reinforced concrete slabs, and an insulated built -up roofing system. 10. Plastics Building / The Recycling Zone • 48,000 + /- sf total of additions to the north and northwest of the existing plastics building. • Addition would consist of plastic extrusion processing and storage of raw and finished material. • The existing building consists of random ribbed insulated precast concrete panels with several accent bands formed into the pattern of the panels. The windows are punched openings formed into the precast panels and consist of insulated, tinted glazing in thermally broken, clear anodized, aluminum frames. The exterior entrances are accented with green colored canopies in different sizes and shapes to emphasize the company's corporate image and take into account the image of the county's recycling center. The structure consists of interior steel columns, metal deck, steel bar joists, reinforced concrete slabs, and an insulated built -up roofing system. • The proposed future additions will be similar in look to the existing building. The anticipated design would utilize insulated precast concrete exterior walls with patterns to match the existing building. The exact height of the new additions have yet to be determined. Flashing colors would match the existing structure. Windows would consist of punched openings with insulated tinted glazing in thermally broken aluminum frames. Service doors would be painted hollow metal insulated doors and frames. Any future loading docks would include insulated overhead coiling doors. The structure would consist of interior steel columns, metal deck, steel bar joist, reinforced concrete slabs, and an insulated built -up roofing system. • Fire department access around the building would be constructed and maintained by the Owner. Proof of Parking The proof of parking is shown to indicate the parking counts that can be provided on the site. Gopher Resource does not have an operational need for the amount of parking prescribed by the City Code. Their warehouse space is typically completely unoccupied and the plant and office spaces do not have the density allowed for in the Code. As such, a Proof of Parking Plan has been created to show the parking that can be created on site should the property change use. The following table shows the parking need by Code and the parking shown on the Proof of Parking Plan. Timing [Phasing The anticipated timing of the expansions and construction of the proposed items are: Proposed Feature Code Requirements Existing Proof of Parking Bldg A — Office/Hygiene Building 114 spaces 122 total shared spaces 114 spaces Bldg B — Plant Facility 197 spaces 197 spaces Bldg D —Warehouse 170 spaces 0 170 spaces Plastics 198 spaces 53 spaces 198 s aces Timing [Phasing The anticipated timing of the expansions and construction of the proposed items are: Proposed Feature Anticipated Timin Relocated Entrance 2011 -2012 Truck Staging Area 2011 -2012 Stormwater Management Pondin 2011 -2012 Gopher Resource Hygiene and Corporate Office Buildin 2011 -2012 Scale House / Ticket Exchange 2011 -2012 Equipment Enclosure 2011 -2012 Battery Storage Warehouse D 2012 -2013 Raw Materials Processing Building 2015-2016 Plastics Building/ The Recycling Zone 2018-2020 Surrounding Land Uses and Zoning within 660 feet The surrounding properties within 660 feet are zoned Planned Development, 1 -1, or Park. The Park property is located to the northwest of the site. The 1 -1 properties are located to the northeast of the site. The Planned Development properties are located to the west, east and south of the site. The surrounding uses of properties within 660 feet include composting and landscape materials sales, parkland, a tile and granite showroom, a printing service, office /warehouse space, a communications company, a wire manufacturing company, a motor sports company, unbuilt property, a water tower, and a publishing company. Impact on Surrounding Land Uses The surrounding land uses will benefit from the reduced truck traffic stopped along Yankee Doodle Road. Safety will be improved for motorists along Yankee Doodle Road. Reuse of the retained stormwater runoff in the recycling operation will reduce the required fresh water demand. Gopher Resource has a long history of meeting and exceeding City requirements for landscaping and site screening. These proposed improvements will continue that pattern. � I �a � F �T JIEr Consistent with the existing site, proposed landscaping will be irrigated or watered to ensure that establishment and continued growth. Impact on Subject Property The Subject Property will benefit from improved safety and efficiency of operations. Additionally, the reuse of the retained stormwater runoff will benefit the recycling operation by reducing the need for fresh water. Impact on City -Services- (Sewer, Water, Storm Water Runoff,_Roads) The proposed improvements will benefit City Services. Traffic safety will be greatly improved along Yankee Doodle Road. Elimination of trucks stacking on Yankee Doodle Road will resolve a key safety concern raised by both the City and Dakota County. Stormwater runoff discharged from the site will be treated to a higher degree than the existing site. The stormwater management improvements will provide Water and Sanitary Sewer service will not be adversely affected by the proposed improvements. Gopher Resource will work with Public Safety officials to revise their Emergency Response Plan to reflect the proposed improvements as they are constructed. The Emergency Response Plan will include such features as site addresses, building lettering, door numbering, emergency routes, site utilities, fire hydrant locations, stand pipe locations, etc. The buildings signage will be updated to comply with code requirements to clearly show addresses on building corners using high- contrast signage and on site signage. Gopher Resource will work with the City to change the address of the main entrance to a Yankee Doodle Road address from a Dodd Road address. This change better reflects the actual location of the entrance. Does Proposed Land Use Result in Better Use of Land? The proposed land use will remain consistent with the current land use. Public Benefit of Proposed Amendment The proposed Amendment provides a benefit to the Public by improving the safety of Yankee Doodle Road, the safety of pedestrians and small vehicles operating on the site, and the environmental treatment of stormwater runoff and air emissions. Gopher Gopher Resource Environmental Initiatives Resource • Office Building built to LEED guidelines through high efficiency, local, recycled and recyclable products (2000): • Building and water heating supplied by waste heat from recycling process. • Counter tops, tables and windowsills made from recycled newspaper. • High efficiency lighting used throughout the facility. • Ceiling tiles and carpet made from recycled materials. • Recycling Zone remodel designed to meet LEED guidelines through high efficiency, local, recycled and recyclable products (2008/2009): • Table tops in education room made from recycled cardboard. • Carpet in education room made from recycled tires. • Cabinets, floor boards and podium made from recycled sunflower seed hulls. • High efficiency lighting throughout facility. • Counter top and podium top made from recycled glass. • Ceiling tiles made from recycled materials. • State -of- the -art high efficiency negative pressure system installed 2 years before required to meet new National Ambient Air Quality Standards. (2009) • High efficiency products used throughout the facility to include motors, scrubbers, indoor and outdoor lighting. • Regularly purchase environmentally safe, recycled and recyclable products to include office supplies and furnishings. • Office Building recommissioning to further enhance energy efficiencies. (2010) • Recycling Zone biofilter retrofit, raingarden and native plant landscaping installed to improve water quality and use. (2010) • Retrofit storage warehouse with updated high efficiency lighting. (2011) • Currently in the process of installing large 40k Photovoltaic Solar Panels to generate and provide energy to plant operations. (2011) • Currently in the process of implementing a storm water solution designed to include water reuse. Environmental Policy We are committed to environmentally safe recycling through a continuously improving environmental management system. To be recognized for our leadership in pollution prevention through the use of objectives, targets, and commitment to meet or exceed all environmental regulations and requirements. Our community and all state and federal regulators will view Gopher Resource as a company in the forefront of excellent environmental management. f 0-:�) Agenda Information Memo July 5, 2011, Eagan City Council Meeting D. CONDITIONAL USE PERMIT — MINNESOTA AUTISM CENTER ACTION TO BE CONSIDERED: To approve (OR direct preparation of Findings of Fact for Denial) a Conditional Use Permit to permit a school facility upon property located at 3800 Tesseract Place, legally described as Lot 1, Block 1, Tesseract Addition, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: ➢ The property was originally zoned I -1, Limited Industrial and rezoned to PD, Planned Development for the construction of a 34,000 sq. ft. building for Tesseract School. ➢ The building has remained unoccupied since Tesseract vacated the site in April 2010. ➢ The City of Eagan rezoned 128 acres, including this property, in 2003 to CDG, Cedar Grove District. ➢ Schools are a conditional use in the CGD zoning district. ➢ The proposed school specializes in care for children in grades 4 -12 with autism. The staff - student ratio is 1:1 with successful intervention and teaching, students move to group instruction. ➢ The school will be open from 8:45 a.m. - 3:45 p.m. ➢ Students will be transported by parents /guardians or transportation covered by insurance. ➢ Since this is a destination school, no building or site signage is proposed. ➢ No building or site modifications are proposed. ➢ The Advisory Planning Commission held a public hearing on June 28, 2011 and is recommending approval. ISSUES: None 60 DAY AGENCY ACTION DEADLINE: July 17, 2011 ATTACHMENTS (3)• • _ Location map on page g e Draft June 28, 2011 APC minutes on age /c3 9 Staff report on pagesj through i r Location Map ifia State Park Ae Subject Site 1 C, N p N J pp ,O G pV F . Woodhaven Park z G � A Feet Project Name: 3800 Tesseract Place - MN Autism Center 0 500 1,000 2,000 Request: Conditional Use Permit Legend Case Nos.: 19- CU- 08 -05 -11 s City Boundary Parcels Parks Buildings N City of Eap E. Minnesota Autism Center Applicant Name: Minnesota Autism Center Location: 3800 Tesseract Place; Lot 1, Block 1, Tesseract Addition Application: Conditional Use Permit A Conditional Use Permit to allow a school. File Number: 19- CU- 08 -05 -11 Planner Thomas introduced this item and highlighted the info report dated June 23, 2011. She noted the background and Member Piper stated he will be abstaining from voting on Member Dugan stated although he has a relationship withth approached nor have they discussed the application,­ . Ron Carey, Minnesota Autism Center, describpd;MAC recognition they have received as well as theotherr number of children they serve. He stated they're exc` enhancements to the site as they have done at each o one year lease because they would like approximately provides. Chair Heaney opened the public There being no public comment, Chair discussion back to the Commission. 'na seconded a motion to recommend approval of a a school on property located at 3800 Tesseract Place, 'esseract Addition, subject to the following conditions: Member Filipi moved;:Wmber Conditional Use Permit t4 op legally described as Lot 1,lo presented in the City Staff t he has not been 's approach and tr operties ,,the organ the to be ihh > Eagan and plan -.to make many heir` facilities. He static] they have a ,. 5dble the space the Tesseract building hearing and turned the 1. Th6e ConditionaC Us , Permit shall be recorded at the Dakota County Recorder's Office within X60, days of approva '!and proof'-of recording shall be submitted to the City, prior to release of 't her `CUP. 2. All siopage shall meet City Code`'standards. Signage not being used by the school shall be removed, .including the pylon sign and base. 3. The pAIN lot shall be='striped per City Code standards no later than August 31, 2011; a Parking Plan,:. ,shall be':'submitted to Building Inspections for review and approval of accessible parking stalls prior to the lot being striped. 4. Existing landscaping shall be maintained, including mulch replacement, pruning and any dead or dying plant materials replaced. 5. The trash enclosure shall be appropriately secured. After the motion was made, Member Dugan thanked the applicant for the work they do and stated he appreciates how hard it is to re- tenant a single - purpose building. Member Supina asked why a CUP was necessary and why a CUP would be preferred over an IUP. City Planner Ridley stated that the original Tesseract use required a CUP and the building has been vacant for over a year. Ridley also stated that the zoning had been changed to CGD Z Advisory Planning Commission June 28, 2011 Page 10 of 12 after the use was established and the CGD zoning also requires a CUP. He also stated that the CUP was preferred because a school is the most likely use of the building and it made sense to accommodate a future user whether it is MAC or some other tenant. All voted in favor. Motion carried 6 -0 Member Piper abstained from voting on this item. (g� PLANNING REPORT CITY OF EAGAN REPORT DATE: June 23, 2011 APPLICANT: Minnesota Autism Center PROPERTY OWNER: LTC Properties Inc CASE: 19- CU- 08 -05 -11 HEARING DATE: June 28, 2011 PREPARED BY: Sarah Thomas REQUEST: Conditional Use Permit LOCATION: 3800 Tesseract Place COMPREHENSIVE PLAN: QP, Public /Quasi - Public ZONING: CGD, Cedar Grove District SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to operate a school on property located at 3800 Tesseract Place, legally described as Lot 1, Block 1, Tesseract Addition. AUTHORITY FOR REVIEW Conditional Use Permit: City Code Chapter 11, Section 11.50, Subdivisions 4C and 41) provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. el Planning Report — MN Autism School — CUP June 28, 2011 Page 2 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8. Is appropriate after considering whether the property is in compliance with the City Code. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUNDMISTORY The subject property was previously zoned I -1, Limited Industrial. Tesseract School received approval to rezone the property to PD, Planned Development to allow the construction of the school. A PD Amendment to allow an expansion of the school was approved in 1997. The Tesseract Addition was also platted in 1997. The City Council initiated a rezoning of 128 acres of land in 2003 which included the subject property. The property was rezoned to CGD, Cedar Grove District. Schools are a Conditional Use in the CGD zoning district. EXISTING CONDITIONS A 34,000 sq. ft. school and playground exist on the property. The parking lot consists of 103 parking stalls. Tesseract School vacated the site in April of 2010 and the building remains vacant. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: r Planning Report — MN Autism School — CUP June 28, 2011 EVALUATION OF REQUEST Description of Proposal The Minnesota Autism Center (MAC) proposes a one year lease of the former Tesseract school to "provide therapeutic support for children, youth and families affected by autism spectrum disorders." Per the applicant's narrative, "The MAC School will open with an enrollment of 80 students in grade 4 th -12 The available staff - student ratio is 1:1. With successful behavioral intervention and academic teaching, students will move to group instruction." The proposed school hours are 8:45 a.m. -3:45 p.m. Students will be transported by parents /guardian or transportation covered by insurance. Site Improvements — No improvements are proposed for the site or building other than new interior paint and carpet replacement. Signage — A Conditional Use Permit was granted on July 18, 1989 for a pylon sign to be located on the south side of the building for viewing along Highway 13. The building expansion in 1997 required the relocation of the sign, approximately 100 feet from the original location. At this time, the applicant is not proposing the use of the pylon sign as the school is a destination school. Sign permits must be obtained if the pylon sign or building signs are desired. The pylon and any business signage should be removed if not being used by the proposed tenant. Parking lot — The parking stripes have worn off and should be repainted per City Code requirements. Dumpster — Trash and recyclable containers are stored inside the building; however, a recent site visit showed the location of the building appeared to have been broken into. The applicant should ensure the trash enclosure is secure. ND Existing Use Zoning Land Use Designation North Silver Bell Road, R -1, Single - family residential LD, Low Density Residential Wuthering Heights neighborhood East Vacant; LI, B1, CGD, Cedar Grove District BP, Business Park Cedar Grove Gateway 1 St Addition South Hwy 13 West Vacant; Outlot A CGD, Cedar Grove District MU, Mixed Use Tesseract Addition EVALUATION OF REQUEST Description of Proposal The Minnesota Autism Center (MAC) proposes a one year lease of the former Tesseract school to "provide therapeutic support for children, youth and families affected by autism spectrum disorders." Per the applicant's narrative, "The MAC School will open with an enrollment of 80 students in grade 4 th -12 The available staff - student ratio is 1:1. With successful behavioral intervention and academic teaching, students will move to group instruction." The proposed school hours are 8:45 a.m. -3:45 p.m. Students will be transported by parents /guardian or transportation covered by insurance. Site Improvements — No improvements are proposed for the site or building other than new interior paint and carpet replacement. Signage — A Conditional Use Permit was granted on July 18, 1989 for a pylon sign to be located on the south side of the building for viewing along Highway 13. The building expansion in 1997 required the relocation of the sign, approximately 100 feet from the original location. At this time, the applicant is not proposing the use of the pylon sign as the school is a destination school. Sign permits must be obtained if the pylon sign or building signs are desired. The pylon and any business signage should be removed if not being used by the proposed tenant. Parking lot — The parking stripes have worn off and should be repainted per City Code requirements. Dumpster — Trash and recyclable containers are stored inside the building; however, a recent site visit showed the location of the building appeared to have been broken into. The applicant should ensure the trash enclosure is secure. ND Planning Report — MN Autism School — CUP June 28, 2011 Paee 4 Landscaping — The site was landscaped with the original construction and the building expansion. Landscape maintenance should occur with new mulch and pruning of trees. Existing Conditions — The existing parking and storage areas are paved with blacktop surfacing and concrete curb /gutter that is in generally good condition. A storm drainage system was constructed with previous development and will be utilized with the new proposal. The building is connected to City sewer and water services. Streets /Access /Circulation — Public street access is proposed to remain at two locations onto Tesseract Place and one driveway onto Silver Bell Road. City bituminous street overlay improvements on Tesseract Place are scheduled for the 2012 construction season, in accordance with the City's 5 -Year Capital Improvement Plan (2012- 2016). Under this project, if approved by the City Council, a special assessment will be proposed to this property for these street improvements. Financial Obligation — At time of this report, there are no new pending assessments on the parcel. SUMMARY /CONCLUSION The Minnesota Autism Center (MAC) is proposing to operate a private school within the former Tesseract school building. There are no site modifications proposed. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to operate a school on property located at 3800 Tesseract Place, legally described as Lot 1, Block 1, Tesseract Addition. If approved, the following conditions should apply: 1. The Conditional Use Permit shall be recorded at the Dakota County Recorder's Office within 60 days of approval, and proof of recording shall be submitted to the City, prior to release of the CUP. 2. All signage shall meet City Code standards. Signage not being used by the school shall be removed, including the pylon sign and base. 3. The parking lot shall be striped per City Code standards no later than August 31, 2011; a Parking Plan shall be submitted to Building Inspections for review and approval of accessible parking stalls prior to the lot being striped. 4. Existing landscaping shall be maintained, including mulch replacement, pruning and any dead or dying plant materials replaced. 5. The trash enclosure shall be appropriately secured. 141 Location Map State Park Subject Site r N `� JD V� G� CD ° off Woodhaven Feet Project Name: 3800 Tesseract Place - MN Autism Center 0 500 1,000 2,000 Request: Conditional Use Permit Legend Case Nos.: 19- CU- 08 -05 -11 ,.II. City Boundary Parcels Parks Buildings N City of Eap ��a City of Eap Current Zoning and Land Use Map Application: Minnesota Autism Center Type: Conditional Use Permit Case No.: 19- CU- 08 -05 -11 Zo ning CGD- Cedar Grove District Land Use Plan QP- Public /Quasi - Public N 0 300 600 1,200 Feet IND - QP �' IND �O BID RC LID , BP SILVER BELL RD - - -- Subject Site QP _ MIX D �� _�p_ 0 MIXED MIXED\ \ �\ M - v v RC �✓ i P QP �i3 -- PD PF PD � �C P BP \ .y R.�•. � Cpl - R 1 - - - -- PD 5 (P� CGD I SILVER BELL RD ' I I ; Subject Site LO CGD i .� CD -- F 1� i \ \\ CG�X \\ PD 11 - Rj t'- L \CGD CGD \\ ` CGD \ R- P i / S , AC P� IND - QP �' IND �O BID RC LID , BP SILVER BELL RD - - -- Subject Site QP _ MIX D �� _�p_ 0 MIXED MIXED\ \ �\ M - v v RC �✓ i P QP �i3 1t� AERIAL 1. T wA-k }- t Flka � X 5� i 3 J f � U � y ax : R, > J � a * }f °���, ,£ 3�.�, yam• -�'� ��. i '" _ r7� - i I � € -._ 'r M ' e L..� �� '" ...�f.•'� � —+\ do - ` 941 2 3 1 4 1. T wA-k }- t Flka � X 5� i 3 J f � U � y ax : R, > J � a * }f °���, ,£ 3�.�, yam• -�'� ��. i '" _ r7� - i I � € -._ 'r M ' e L..� �� '" ...�f.•'� � —+\ do - ` 941 �� Fy W�5 n2 119 QITP P1 AN ;;o M M C:> ND Ftie -I S-1 Ids I n ul ;;o M M C:> ND Ftie -I S-1 Ids The MAC School Written Narrative The Minnesota Autism Center (MAC) was founded by parents of children with autism who recognized the institutional and social discrimination faced by children diagnosed with ASD. MAC's programs are based on the premise that those diagnosed with autism are people first and autism is only part of who they are. The Minnesota Autism Center provides therapeutic support for children, youth and families affected by autism spectrum disorders. For over 15 years, MAC has been the leader in providing quality therapy services to the autism community. MAC is devoted to continued expansion and maintaining its reputation as the most experienced organization effectively addressing autism. The MAC School will educate students on the autism spectrum who possess a wide range of abilities. The goals of the MAC School are to foster academic success, independence, self- awareness, social consciousness and behavioral management skills. The MAC School is a year -round program providing intensive, individualized instruction and a rich and fulfilling school experience. The MAC School services students in 4th grade through 12th grade. The MAC School will: • Offer a safe, nurturing and highly personalized learning environment for students by providing small class sizes, individualized learning plans and a supportive school setting; • Identify, assess and develop individual student strengths, talents and interests; • Seek out and employ highly trained and licensed educators, clinicians and therapists; • Provide challenging adaptive academic and therapeutic curriculum, featuring research -based instruction with appropriate student modifications and accommodations; • Provide support to foster healthy family development; • Facilitate extra- curricular activities; • Develop and implement IEP and 1TP goals and objectives. The MAC School will act as a transition program from therapy services provided in home, therapy Centers and special education programs. For early childhood through 3 grade, therapy services can help children prepare for academic success. The MAC School will open with an enrollment of 80 students in grade 4 —12 The available staff — student ratio is 1:1. With successful behavioral intervention and academic teaching, students will move to group instruction. The school hours at MAC School are 8:45 a.m. — 3:45 p.m. Students will be transported to the MAC School by parents /guardian or transportation covered by insurance. 19�e There are no construction improvements to be made to the site. Plans include fresh paint, repairs of some missing tile and carpet and school furniture. Signage will include MAC School stickers on school doors and building signage identifying the building at the MAC School. The current Tesseract School signs will be converted to MAC School signs. Zoning Classification CDG — Cedar Grove District (both existing and proposed) What You Want To Do Utilize existing school /classroom facility as is for school to open September 6, 2011. Existing and Surrounding Land Uses Existing — no changes, school and playground Surrounding — R -1 (residential single housing), R -4 (residential multiple), P (park) Legal Description Lot 1, Block 1, Tesseract Addition AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER JULY 5, 2011 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes D. OLD BUSINESS E. NEW BUSINESS 1. APPROVE Resolution regarding Interfund Loan for Cedar Grove Redevelopment District F. OTHER BUSINESS G. ADJOURN 1q8 Agenda Information Memo Eagan Economic Development Authority Meeting July 5, 2011 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. CONSENT AGENDA ACTION TO BE CONSIDERED To approve the Consent Agenda as presented or modified. 1. APPROVAL OF MINUTES — The minutes of the June 21, 2011 EDA meeting are enclosed on pages 0 I X44 MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota June 21, 2011 A meeting of the Eagan Economic Development Authority was held on Tuesday, June 21, 2011 at the Eagan Municipal Center. Present were President Maguire, Commissioner Fields, Commissioner Bakken, Commissioner Hansen and Commissioner Tilley. Also present were Executive Director Hedges, Community Development Director Hohenstein and City Attorney Dougherty. CALL TO ODER President Maguire called the Economic Development Authority meeting to order. ADOPT AGENDA Commissioner Bakken moved, Commissioner Fields seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 CONSENT AGENDA Commissioner Fields moved, Commissioner Hansen seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 It was recommended to approve the minutes of the March 15, 2011 EDA meeting as presented. OLD BUSINESS CEDAR GROVE UPDATE — PRATT DEVELOPMENT AND CASSIDY TURLEY Community Development Director Hohenstein introduced the item. Jim McCaffrey of Cassidy Turley provided an update on the marketing and related activity regarding the Cedar Grove Redevelopment Project. NEW BUSINESS There were no New Business items. OTHER BUSINESS There were no Other Business items. ADJOURNMENT Commissioner Tilley moved, Commissioner Bakken seconded a motion to adjourn the meeting. Aye: 5 Nay: 0 Date Thomas Hedges, Executive Director �?oj Agenda Information Memo Eagan Economic Development Authority Meeting New Business July 5, 2011 1. CEDAR GROVE REDEVELOPMENT INTERFUND LOAN ACTION TO BE CONSIDERED: To approve a resolution providing for interfund borrowing from the City of Eagan for the Cedar Grove Tax Increment Financing District. FACTS: • The City and EDA have financed the Cedar Grove Redevelopment District TIF expenditures internally to date through interfund loans. The expenditures are repaid as land in the district is sold and tax increment is received. • As one aspect of the reallocation of resources included in the City Council agenda item above, it is in order for the EDA to act on a resolution to borrow the funds provided for in the City Council's resolution in this regard. ATTACHMENTS: • Resolution and TIF Note on paged throughao .- z EAGAN ECONOMIC DEVELOPMENT AUTHORITY CITY OF EAGAN DAKOTA COUNTY, STATE OF MINNESOTA RESOLUTION NO. RESOLUTION PROVIDING FOR INTERFUND BORROWING FROM THE CITY OF EAGAN FOR THE CEDAR GROVE TAX INCREMENT FINANCING DISTRICT. WHEREAS, Cedar Grove Tax Increment Financing District is in need of financing for expenditures under Minnesota Statutes, Section 469.176, Subd. 4 in connection with the Cedar Grove Redevelopment Plan; WHEREAS, the City of Eagan has agreed to provide $15 million of subordinated interfund financing for such purpose; NOW, THEREFORE, BE IT RESOLVED By the Board of Commissioners of the Eagan Economic Development Authority, Minnesota (the "EDA ") as follows: 1. The EDA shall borrow $15 million from the City on a subordinate basis for Cedar Grove Tax Increment Financing District pursuant to Minnesota Statutes, Section 469.178, Subd. 7. 2. The President and Executive Director are authorized and directed to execute the Subordinate Interfund Tax Increment Note in substantially the form on file in order to effect the borrowing. Approved by the Board on July 5, 2011 President ATTEST: Executive Director fb. us.6932528.01 SUBORDINATE INTERFUND TAX INCREMENT NOTE EAGAN ECONOMIC DEVELOPMENT AUTHORITY The Eagan Economic Development Authority, a municipal corporation in the State of Minnesota (herein sometimes called the "Authority "), for value received, hereby promises to pay to the City of Eagan, solely from tax increment available in its Cedar Grove Tax Increment Financing District Fund, subordinate to all other obligations payable from such fund, the principal amount of $15,000,000, without interest. Principal is due and payable on the earlier of such date as all other obligations of the District have been paid or provided for or the termination date of the District, as extended from time to time. This Note is issued under Minnesota Statutes, Section 469.178, Subd. 7, and in conformity with the provisions, restrictions and limitations thereof. This Note does not constitute an indebtedness of the Authority within the meaning of any state constitutional provision or statutory limitation, nor does this Note give rise to a charge against the general credit or properties or taxing powers of the Authority and does not grant to the City any right to have the Authority levy any taxes or appropriate any funds for the payment of the principal hereof or interest hereon, nor is this Note a general obligation of the Authority or the individual officers or agents thereof. This Note is payable solely and only from available tax increment with respect to the Cedar Grove Tax Increment Financing District. This Note may be prepaid, at the option of the Authority, in whole or in part, on any date. IN WITNESS WHEREOF, the Eagan Economic Development Authority, by its Board of Commissioners, has caused this Note to be executed in its name by the facsimile signatures of its President and Secretary, all as of the date specified below. Dated: July 5, 2011 EAGAN ECONOMIC DEVELOPMENT AUTHORITY President Executive Director tb.us.6932452.01 ac)q Agenda Information Memo Eagan Economic Development Authority Meeting July 5, 2011 F. OTHER BUSINESS There is no other business to come before the EDA at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED To adjourn the Economic Development Authority meeting.