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04/03/2012 - City Council Regular AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING APRIL 3, 2012 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE �. 3 II. ADOPT AGENDA 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) A. APPROVE MINUTES B. PERSONNEL ITEMS 10 . sa APPROVE Check Registers , D. APPROVE Resolution to accept donations to the Fire Department from Alerus Financial Bank and Florence Gilloth p. 15 APPROVE Resolutions authorizing the issuance and sale of Taxable General Obligation Housing Improvement Bonds, Series 2012A, and General Obligation Equipment �7 Certificates of Indebtedness, Series 2012B P. 19F. SET interest rate on special assessments levied in 2012 at 3.5% -p. 30 G. APPROVE Lease Agreement between City of Eagan and St. Croix Harley Davidson for two (2) 2012 Harley Davidson Motorcycles p.3cy H. APPROVE Resolution to accept a Community Forest Bonding Grant from the DNR in the amount of $20,974.22 and authorize the necessary budget adjustment. P (} 1 I. APPROVE Resolution to accept a donation from Think Bank for the 2012 Market Fest entertainment series and authorize the necessary budget adjustment p.43 J. APPROVE Encroachment/Maintenance Agreement for Ballantrae 2nd Addition P. se K. AWARD Contract 12 -01, City -Wide street Improvements P.52. L. SET Public Hearing date for May 1, 2012 to Certify Delinquent Utility Bills P 51 M. SET Public Hearing date for May 1, 2012 to Certify Delinquent False Alarm Bills p� g N. SET Public Hearing date for May 1, 2012 to Certify Delinquent Noxious Weed, Mowing, Refuse Removal, and Board -Up Bills ft 61 O. APPROVE Temporary Liquor License and Waive License Fee for Trinity School at River Ridge's Spring Benefit Dinner on April 28, 2012 1'• ' P. APPROVE Temporary Liquor License for People of Praise MN, Inc.'s Community Social on June 23, 2012 P &'5 Q. ADOPT Resolution finding that an Environmental Impact Statement (EIS) is not necessary for the redevelopment of the Lockheed Martin property located at 3333 Pilot Knob Road 1 R. APPROVE Reallocation and Refunding of 2008 Community Development Block Grant Balance p. S. APPROVE Resolution to Modify the 2012 Redistricting Plan p. -27 T. APPROVE Exempt Permit for Eagan Athletic Association to hold a Raffle on May 13, 2012 V. PUBLIC HEARINGS �7. r A. Project 1054 Fairway Hills Ultra High Pressure Zone (Water System Improvements) and Consideration of Plans, Specs & Ad for Bids, Contract 11 -05 VI. OLD BUSINESS VII. NEW BUSINESS T> w A. CONDITIONAL USE PERMIT- Cherokee Sirloin Room and Sports Bar / Rick Casper - A Conditional Use Permit to allow outdoor dining located at 4625 Nicols Road T• 14. REZONING, PRELIMINARY PLANNED DEVELOPMENT, and a FINAL PLAT— Eagan Car Club / Kurt Manley- A Rezoning for approximately 6 acres from NB, Neighborhood Business to PD, Planned Development and A Preliminary Planned Development of approximately 6 acres to allow 76 vehicle storage units and a club house and a Final Plat of approximately 6 acres to create one lot located just North of Valley Black Top P'AA C. PLANNED DEVELOPMENT AMENDMENT — CherryBerry / Holland Investment Group - A Planned Development Amendment to allow a frozen yogurt shop and a monument sign located at 1298 Promenade Place Flee D. REZONING- Diversified Information Technologies, INC. / Brian Brady - A Rezoning from PD, Planned Development toll, Limited Industrial located at 2871 West Service Road p ' 1 CR E. REZONING and FINAL PLANNED DEVELOPMENT — Northwood Business Park / Jim r Ostenson - A Rezoning of 4.8 acres from BP, Business Park to PD, Planned Development and A Final Planned Development of 4.8 acres to allow outdoor storage of commercial vehicles located at 3265 Northwood Circle VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY A. CALL TO ORDER alb B. ADOPT AGENDA .ZZOAC. CONSENT AGENDA 17. 1 1. APPROVE EDA Minutes D. OLD BUSINESS p. E. NEW BUSINESS 1. PRELIMINARY CONCEPT PLAN for Retail Development for Property in the 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 • z C!ty of Eaaau Memo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MARCH 30, 2012 SUBJECT: AGENDA INFORMATION FOR APRIL 3, 2012 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the April 3, 2012 City Council agenda, the following items are in order for consideration. 3 Agenda Information Memo April 3, 2012 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 March 20, 2012 Regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of March 20, 2012 Regular City Council meeting are enclosed on page 5 through /!!!7 . MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota MARCH 20, 2012 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire and Councilmembers Fields, Hansen and Tilley. Councilmember Bakken was absent. Pat Gilbertson was present and addressed the Council regarding his mobile food vending company, Taco Cielo. Staff was directed by Council to research the issue with League of Minnesota Cities. Staff and noted an amendment to the City Code would be required. A regular meeting of the Eagan City Council was held on Tuesday, March 20, 2012 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Hansen and Tilley. Also present were City Administrator Hedges, Assistant City Administrator Miller, Director of Administrative Services VanOverbeke, Community Development Director Hohenstein, City Planner Ridley, Communications Director Garrison, Public Works Director Colbert, Police Chief McDonald, Fire Chief Scott, Director of Parks and Recreation Seydell Johnson and City Engineer Matthys. Councilmember Bakken was absent. AGENDA Mayor Maguire took a moment to comment on the fatal car accident that occurred on March 17, and passes along sympathies to the families impacted by the accident. City Administrator Hedges requested an item be added to Recognitions and Presentations, recognizing Administrative Secretary, Mary O'Brien. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as amended. Aye: 4 Nay: 0 RECOGNITIONS AND PRESENTATIONS RECOGNITION OF ADMINISTRATIVE SECRETARY, MARY O'BRIEN Mayor Maguire recognized Administrative Secretary, Mary O'Brien, for 14 years of service to the City of Eagan. CONSENT AGENDA City Administrator Hedges requested Consent item S. be pulled for discussion. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the Consent Agenda as presented. Aye: 4 Nay: 0 A. It was recommended to approve the minutes of the March 6, 2012 Regular City Council meeting as presented B. PERSONNEL ITEMS 1. It was recommended to authorize the hiring of a full time Fire Administrative Assistant and a part- time Fire Prevention Specialist 2. It was recommended to authorize the hiring of Administrative Intern• "to be named" 3. It was recommended to approve the hiring of seasonal employees in Parks and Recreation C. It was recommended to approve check registers dated March 1, 2012 and March 8, 2012 as presented D. It was recommended to approve an amendment to an agreement to acquire replacement Portacount test equipment for the Fire Department with the cities of Farmington, Apple Valley and Rosemount E. It was recommended to approve a Resolution to accept donations from Genisys Credit Union, Dakota County Library and Eagan 55+ /Senior Center F. It was recommended to approve the 2012 Use Agreement for Blue Cross Blue Shield fields 5 City Council Meeting Minutes March 20, 2012 2 page G. It was recommended to adopt a Resolution and APPROVE the application of an Outdoor Recreation Grant for the Caponi Art Park H. It was recommended to adopt a Resolution and approve the application of a Natural and Scenic Area Grant for the Caponi Art Park I. It was recommended to direct the City Attorney's Office to Prepare an Ordinance Amendment Delineating the City's Authority to Name Streets J. It was recommended to approve application for Premise Permit for Metro Baseball League to conduct lawful gambling at Casper's Cherokee Sirloin Room, 4625 Nicols Road K. Item Removed L. It was recommended to approve Final Plat for BCBSM West Addition M. It was recommended to receive petition to Vacate Drainage & Utility Easement and Schedule Public Hearing (April 17, 2012) — Oakwood Heights Townhomes N. It was recommended to approve Change Order No. 3 for Contract No. 11 -08 (Cedar Grove Boulevard — Phase 1 Street & Utility Improvements) O. It was recommended to award Contract No. 12 -07 (City-Wide Sanitary Sewer Lining) P. It was recommended to approve Sports or Convention Facility License for Pear One, Inc. DBA Roasted Pear to serve alcohol at the Eagan Community Center Q. It was recommended to approve application for Exempt Permit for Red Pine Parent Teacher Organization to hold a Raffle May 3, 2012 R. It was recommended to reject all bids for Eagan Contract 12 -08 Conduit/Fiber Installation and authorize re- issuing of RFP S. It was recommended to approve the City of Eagan becoming a supporting member of the Twin Cities Obesity Prevention Coalition and approve a Resolution declaring the City of Eagan to be a healthy eating and active living community Consent S. Mayor Maguire noted the City of Eagan as the first City in the State of Minnesota to adopt a Resolution declaring the City to be a healthy eating and active living community. PUBLIC HEARINGS PROJECT 1083 BEACON HILL ROAD — STORM SEWER IMPROVEMENTS City Administrator Hedges introduced the item regarding Project 1083 storm sewer improvements on Beacon Hill Road and noted an informational neighborhood meeting was held on March 15, 2012 for adjacent property owners of which residents of 3 properties attended. SEH consultant, Ron Leaf, presented the feasibility study and discussed improvements relative to re- grading of the emergency overflows and drainage swales which would allow overland drainage to flow between residences on Beacon Hill Road. City Engineer Matthys gave an overview of previous improvements to the Beacon Hill neighborhood and discussed questions raised at the information meeting regarding the potential purchase of homes. Mayor Maguire opened the public hearing. Scott Kleven, 4664 Beacon Hill Road, and a resident of the area since 1985 addressed the Council regarding 5 flooding events in the area that have occurred since 1987. He stated that he does not have faith that these proposed improvements will be any better than previous efforts and requested more time to study other options including a potential City purchase of 4663 Beacon Hill. Brenda Hermundson, 4663 Beacon Hill Road, stated she purchased her home in 1994 and spoke to the events relating to the flooding of her home. She also expressed an interest in pursuing other options that might include a purchase of her home. There was discussion by Council and staff regarding options for affected property owners. There was discussion relative to the criteria and justification of potential purchase of property by the City and proposed improvements. W City Council Meeting Minutes March 20, 2012 3 page Director of Public Works Colbert recommended going forward with the base project and to continue to analyze possible add -ons to mitigate future events. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve Project 1083, Beacon Hill Road storm sewer improvements and authorize the preparation of detailed plans and specifications. Aye: 4 Nay: 0 OLD BUSINESS PLANNED DEVELOPMENT AMENDMENT AND PRELIMINARY SUBDIVISION — CEDAR VALLEY ADDITION / CEDAR VALLEY CHURCH City Administrator Hedges introduced the item regarding a preliminary subdivision to create two lots and a planned development amendment to allow a second building upon property located at 2024 Rahn Way, Cedar Valley Church, which was continued from the February 21, 2012 City Council meeting. Hedges note the applicant does wish to proceed with the preliminary subdivision at this time and will accept the conditions of approval, understanding that they are not obligated to the extension of utilities, creation of easements and other conditions until the time of the final subdivision. City Planner Ridley gave a staff report and background on the item. The applicant was present and available to questions of the City Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a preliminary subdivision, Cedar Valley Addition, to create two lots upon property located at 2024 Rahn Way, legally described as Lot 1, Block 1, Rahn Ridge, subject to the following conditions. Aye: 4 Nay: 0 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 2, 1993: Al, B1, B3, C1 2. The property shall be platted. 3. Cross easements for driveway access over Lot 1 and benefiting Lot 2, and also for existing parking within Lot 2 that serves Lot 1 shall be provided. The easements shall be in a form acceptable to the City Attorney. 4. This subdivision shall dedicate the public right -of -way needed for the future construction of Rahn Way, in accordance with City engineering standards. 5. A license agreement shall be executed between the property owner and the City allowing the parking within the newly dedicated right -of -way for Rahn Way, and providing for the Lot 1 property owner to remove and relocate the parking (and accommodate associated setbacks) affected by the future construction of Rahn Way. 6. To provide for future development of Lot 2, a storm sewer pipe system shall be extended to Lot 2 from Lot 1 in accordance with City engineering design standards. 7. Extension of new sanitary sewer and water service lines necessary for development of Lot 2 shall be constructed entirely within Lot 2 property boundaries. 8. Trail dedication may be due with the future development of the site, the form and the amount of any dedication shall be determined at the time of such development. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a planned development amendment to allow a second building upon property located at 2024 Rahn Way, legally described as Lot 1, Block 1, Rahn Ridge, subject to the following conditions. Aye: 4 Nay: 0 1. The property shall be platted. 2. Future development of Lot 2 shall be consistent with the PF zoning district. Other uses would require an amendment to the planned development and possibly also to the Comprehensive Guide Plan land use designation. 3. Cross easements for driveway access over Lot 1 and benefitting Lot 2, and also for existing parking within Lot 2 that serves Lot 1 shall be provided. The easements shall be in a form acceptable to the City Attorney. 4. This subdivision shall dedicate the public right -of -way needed for the future construction of Rahn Way, in accordance with City engineering standards. 7 City Council Meeting Minutes March 20, 2012 4 page 5. A license agreement shall be executed between the property owner and the City allowing parking within the newly dedicated right -of -way for Rahn Way, and providing for the Lot 1 property owner to remove and relocate the parking (and accommodate associated setbacks) affected by the future construction of Rahn Way. 6. To provide for future development of Lot 2, a storm sewer pipe system shall be extended to Lot 2 from Lot 1 in accordance with City engineering design standards. 7. Extension of new sanitary sewer and water service lines necessary for development of Lot 2 shall be constructed entirely within Lot 2 property boundaries. 8. Trail dedication may be due with the future development of the site, the form and the amount of any dedication shall be determined at the time of such development. NEW BUSINESS PRECINCT BOUNDARIES AND POLLING LOCATIONS — LEGISLATIVE REDISTRICTING City Administrator Hedges introduced the item regarding the establishment of new precinct boundaries and polling locations; and the re- establishing of existing precinct boundaries and polling locations. Hedges noted the City Council reviewed the proposed precinct redistricting plan at their March 13, 2012 Special City Council meeting. Councilmember Fields, Councilmember Tilley seconded a motion to approve a resolution establishing new precinct boundaries and polling locations; and re- establishing existing precinct boundaries and polling locations. Aye: 5 Nay: 0 CITY COUNCIL COMMENTS Mayor Maguire noted Thomson Reuters donated the printing for the publication of the Eagan Parks and Recreation "Art House News ". VISITORS TO BE HEARD There were no visitors to be heard. ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 8:10 p.m. Aye: 5 Nay: 0 Date Mayor City Clerk 8 Agenda Information Memo April 3, 2012 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. ACTION TO BE CONSIDERED: Accept the resignation of Susan Sheridan, Accountant I. FACTS: • Susan Sheridan is retiring as of May 1, 2012 after 27 years of service. • Administration is evaluating future staffing considerations within the Finance Department. Item 2. ACTION TO BE CONSIDERED: Accept the resignation of Sergeant Linda Myhre effective May 17, 2012, and authorize her replacement. FACTS: • Sergeant Linda Myhre is retiring after 32 years of service. • Upon authorization to replace the Sergeant vacancy, Police Administration will pursue filling the position with an existing staff member through a promotional process. • Recognition of Sergeant Myhre's service is expected to occur at an upcoming Council meeting. Item 3. ACTION TO BE CONSIDERED: Appoint Eagan Officer Danielle Anselment to Sergeant effective May 20, 2012, and authorize her replacement with a new hire. 9 FACTS: • Linda Myhre's retirement left a Sergeant vacancy. • Officer Anselment previously participated in a promotional exam where she is now positioned at the top of an existing candidate list. • Officer Anselment's appointment to Sergeant would leave a vacancy in the officer's unit where a new employee would need to be hired. • The appointment of a future employee would occur on or after July 1, 2012. • The process outlined above was previously discussed with the City Administrator. Item 4. ACTION TO BE CONSIDERED: Accept a resignation letter from Detective Lori Tripp effective May 31, 2012, and authorize her replacement with a new hire. FACTS: • Detective Tripp is retiring after 32 years of service. • Recognition of her service is expected to occur at an upcoming Council meeting. • Detective Tripp's retirement will leave a vacancy in the officer's unit where a new employee would need to be hired. • The appointment of a future employee would occur on or after July, 1, 2012. • The process outlined above was previously discussed with the City Administrator. Item 5. ACTION TO BE CONSIDERED: Authorize the promotion of IT Specialist, Mark Holm to Systems/Network Administrator. Authorize the replacement of one full time IT Specialist position. I0 FACTS: • City Council approved hiring for the position of Network Administrator on February 21, 2012. • Mark Holm has been in the position of IT Specialist for the past 10 years. He interviewed and was selected amongst other external candidates for the IT/Network Administrator position. • With his promotion, a vacancy is created for a full time IT Specialist. Staff requests the Council authorize replacement of the IT Specialist position. Item 6. ACTION TO BE CONSIDERED: Approve the hiring of Seasonal Employees in Parks & Recreation: Name Division Job Title Jordan Hirman Civic Arena Arena Softball Umpire Mitchell Faber Civic Arena Building Attendant III Community Mountaha Husevold Center Guest Services Representative Abraham Seiz Parks Park Maintenance Skilled Robert Edwards Parks Park Maintenance Skilled Ryan Marks Parks Park Maintenance Skilled Jordan Landauer Parks & Rec Art Instructor II & III INFORMATIVES: Temporary Administrative Intern named: Ray French • City Council approved hiring for this position on March 20, 2012. 11 Agenda Information Memo April 3, 2012 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated March 15, 2012 and March 22, 2012 as presented. ATTACHMENTS: • Check registers dated March 15, 2012 and March 22, 2012 are enclosed without page number. 11 Agenda Memo April 3, 2012 Regular City Council Meeting CONSENT AGENDA: D. APPROVE a resolution to accept donations to the Fire Department from Alerus Financial and Florence Gilloth. ACTION TO BE CONSIDERED: To approve a resolution to accept a cash donation of $100 from Alerus Financial and a cash donation from Florence Gilloth of $20 for rescue equipment and to authorize the necessary budget adjustments. FACTS: • Alerus Financial recently sent the fire department a $100 cash donation from their "Build a Community" program. • Citizen Florence Gilloth recently sent a $20 cash donation to the fire department. • By approving these donations the 2012 Fire Department Equipment budget would receive a corresponding budget adjustment reflecting the cash donations: • $120 to budget 1225.6222 • A thank you letter will be sent to both groups from the fire department. ATTACHMENTS: Resolution Cis t�l 1 EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on April 3th, 2012, at 6:30 p.m. The following members were present: Hansen, Bakken, Fields, Maguire, and Tilley. * * * Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the costs to the general public of providing services in Eagan; and WHEREAS, Alerus Financial has offered to donate $100 and Florence Gilloth has offered to donate $20 for use by the City of Eagan Fire Department; and WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two- thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Dakota County, Minnesota, that the donation is hereby accepted for use by the City; BE IT FURTHER RESOLVED, that the City sincerely thanks both parties for the gracious and generous donation. ADOPTED this 3rd day of April, 2012 Mike Maguire, Mayor ATTEST: Christina Scipioni, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member and upon the vote being taken thereon, the following voted in favor: ; and the following voted against the same: WHEREUPON, said resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Clerk. )4 Agenda Memo April 3, 2012 Eagan City Council Meeting E. Approve resolution authorizing the issuance and sale of Taxable General Obligation Housing Improvement Bonds, Series 2012A, and General Obligation Equipment Certificates of Indebtedness, Series 2012B. ACTION TO BE CONSIDERED: To approve the resolution authorizing the issuance and sale of Taxable General Obligation Housing Improvement Bonds, Series 2012A, and General Obligation Equipment Certificates of Indebtedness, Series 2012B. FACTS: • To finance the recently authorized improvements in the Coachman Oaks Housing Improvement Area, taxable bonds of approximately $1,660,000 will be issued May 1, provided the Coachman Oaks group by that date has entered into at least one performance contract. • A tax levy will not be required for the housing improvement bonds; the bonds will be repaid entirely with special assessments collected from the benefitting properties. • To finance the recently ordered fire engine /snozzle, equipment certificates of approximately $585,000 will be issued. • An additional tax levy will not be required. As part of the fire apparatus financing plan approved by the Council in 2007, a portion of the $400,000 annual fire apparatus levy will be set aside for repayment of these bonds. • Staff will work with Springsted to coordinate a review of the City's bond ratings with the ratings agencies. • The sale of both issues is scheduled to take place through competitive bids on May 1; bid results will be presented to the Council at its regular meeting that evening. ATTACHMENTS: • Resolution authorizing issuance and sale of the bonds is on pages 1 through 18 . • Sale recommendations memo from Springsted is attached on page I through Z$ . 15 Extract of Minutes of Meeting of the City Council of the City of Eagan Dakota County, Minnesota Pursuant to due call and notice thereof, a meeting of the City Council of the City of Eagan, Minnesota, was duly held in the City Hall, in said City on Tuesday, April 3, 2012, at 6:30 o'clock P.M. The following members were present: and the following were absent: * ** * ** * ** Member introduced the following resolution and moved its adoption: RESOLUTION TO ISSUE AND SELL $1,660,000 TAXABLE GENERAL OBLIGATION HOUSING IMPROVEMENT BONDS, SERIES 2012A AND $585,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2012B, BE IT RESOLVED by the City Council of the City of Eagan, Minnesota, as follows: 1. The City Council deems it necessary and expedient to issue and sell $1,660,000 Taxable General Obligation Housing Improvement Bonds, Series 2012A (the "Bonds ") to provide financing for housing improvements for the Coachman Oaks Housing Improvement Area pursuant to Minnesota Statutes, Section428A.16 and Chapter 475 and $585,000 General Obligation Equipment Certificates of Indebtedness, Series 2012B (the "Certificates "), to provide financing for the acquisition of equipment pursuant to Minnesota Statutes, Section 412.301 and Chapter 475. 2. The City will conduct a limited competitive sale of the Bonds and the Certificates and sealed proposals for such Bonds and the Certificates will be received until I CO 10:00 o'clock A.M. on Tuesday, May 1, 2012 at the offices of Springsted Incorporated. The City Council will meet at the City Hall at 6:30 o'clock P.M. on the same day for the purpose of considering the proposals and negotiating the sales of the Bonds and the Certificates. The terms of the Bonds and the Certificates and the sale thereof shall be substantially as set forth in the Summary of Terms on file in the office of the Chief Financial Officer. 3. The City has retained Springsted, Incorporated, an independent financial advisor, in connection with the sale as authorized by Minnesota Statutes, Section 475.60, Subd. 2(9), as amended. Adopted by the City Council on this 3rd day of April 2012. The motion for the adoption of the foregoing resolution was made by Councilmember , seconded by Councilmember , and upon vote being duly taken thereon, the following voted in favor thereof: and the following voted against the same: and the following were absent: WHEREUPON, said Resolution was declared duly passed and adopted the 3rd day of April 2012. 2 19 STATE OF MINNESOTA ) COUNTY OF DAKOTA ) SS. CITY OF EAGAN ) I, the undersigned, being the duly qualified and acting Clerk of the City of Eagan, Dakota County, Minnesota, hereby certify that the above and foregoing Resolution No. is a true and correct copy of the Resolution as adopted by the City Council of the City of Eagan on the 3rd day of April 2012. City Clerk fb.us.8308455.01 3 J 7 m City of Eagan, Minnesota _� Recommendations for Issuance of Bonds and Certificates $1,660,000 Taxable General Obligation Housing Improvement Bonds, Series 2012A $585,000 General Obligation Equipment Certificates of Indebtedness, Series 20128 The Council has under consideration the issuance of (1) bonds to finance housing improvements within the Coachman Oaks Housing Improvement Area (the "Bonds "), and (ii) certificates to finance the purchase of various capital equipment (the "Certificates "). Together the Bonds and the Certificates will be referred to as the Obligations. This document provides information relative to the proposed issuance. N ° .. KEY EVENTS: The following summary schedule includes the timing of some of the key events that will , „ ,l'; occur relative to the bond issuance. 4, April 3, 2012 Council sets sale date and terms Week of April 16, 2012 Rating conferences are conducted May 1, 2012, 10:00 a.m. Competitive proposals are received May 1, 2012, 6:30 p.m. Council considers award of Bonds and Certificates May 24, 2012 Proceeds are received RATING: Applications will be made to Moody's Investors Service and Standard & Poor's Ratings Services for ratings on the Obligations. The City's general obligation debt is currently rated , "Aaa" by Moody's and "AA +" by S &P. THE MARKET: Performance of the tax - exempt market is often measured by the Bond Buyer's Index ( "BBI ") which measures the yield of high grade municipal bonds in the 20th year for general obligation bonds (the BBI 20 Bond Index) and the 30th year for revenue bonds (the BBI 25 r F Bond Index). The following chart illustrates these two indices over the past five years. BBI 25 -bond (Revenue) and 20 -bond (G.0.) Rates fors Years Ending 3/22/2012 - _, - - -BB 25 Bond 6.5% ---BBI 20 Bond 3222012 •ter 2;5 bond: 4 6.0% " ` 220 bond: 4.0195 ■ 5.5% ' • ` - f 4.5% ,, ,N, ` 4.0% Q _, 4 - , 3.5% N .. N �1te5 Prepared bySprAngsted Incorporated Ts 2 2. p ig Interest rates for the taxable municipal market are quoted as a spread to U.S. Treasury Securities. To give you an indication of the relative position of that market, the chart below tracks the yield of the 10 -year and 30 -year U.S. Treasury over the last five years. 10 -year and 30 -year Treasury Rates for Five Years Ending March 22, 2012 7.00% -30-Year 322f2012 6.00% 30 - yr. 3.3795 — 1 0 - Year 10•yr: 2.2995 5.00% , t 4.00% 1%*101114110e � ALJI CC 3.00% ;, - „ � <. 2.00% 1 1.00% 0.00% \ � � °9 °b �? °l � � �� # ��� �� � ��� �^ �^ A N.^ ��^ Dines POST ISSUANCE The issuance of these obligations will result in post- issuance compliance responsibilities. COMPLIANCE: The responsibilities lie in two primary areas: i) compliance with federal arbitrage requirements and ii) compliance with secondary disclosure requirements. NOTE: Federal arbitrage requirements do not apply to taxable issues. Therefore, they do not apply to the Bonds. Federal arbitrage requirements include a wide range of implications that have been taken into account as your issue has been structured. Post - issuance compliance responsibilities for your tax - exempt issue include both rebate and yield restriction provisions of the IRS Code. In very general terms the arbitrage requirements control the earnings on unexpended bond proceeds, including investment earnings, moneys held for debt service payments (which are considered to be proceeds under the IRS regulations), and /or reserves. An issue qualifies for a small issuer exception from rebate if sold by a municipality with general taxing powers that issues $5 million or less of tax - exempt obligations in a calendar year. The City expects to qualify as a small issuer for 2012. Yield restriction provisions will still apply to the debt service fund and any proceeds remaining after three years. These funds should be monitored throughout the life of the Certificates. Secondary disclosure requirements result from an SEC requirement that underwriters provide ongoing disclosure information to investors. To meet this requirement, any prospective underwriter will require the City to commit to providing the information needed to comply under a continuing disclosure agreement. Springsted currently provides continuing disclosure services to the City under a separate contract. A contract amendment adding these issues will be provided to City staff. Springsted Page 2 SUPPLEMENTAL Supplementary information will be available to staff including detailed terms and conditions INFORMATION AND of sale, comprehensive structuring schedules and information to assist in meeting post - BOND RECORD: issuance compliance responsibilities. Upon completion of the financing, bond records will be provided that contains pertinent documents and final debt service calculations for the transactions. $1,660,000 Taxable General Obligation Housing Bonds, Series 2012A Description of Issue PURPOSE: At the request of the owners of the Coachman Oaks condominiums, the City created a Housing Improvement Area for the Coachman Oaks Condominiums, (the "Coachman Oaks Housing Improvement Area "). The Coachman Oaks Housing Improvement Area was established in order to finance $1,583,000 of improvements to the condominiums. Proceeds of the Bonds will be used to finance housing improvements within the Coachman Oaks Housing Improvement Area. Since the project being financed is for a private activity, the Bonds are being issued as taxable securities, in that interest paid to the investors will be subject to federal and state income taxation. AUTHORITY: The Bonds are being issued pursuant to Minnesota Statutes, Chapters 475 and 428A. Under Minnesota Statute 428A, the City is required to adopt an ordinance establishing a housing improvement area. A public hearing must be held prior to the adoption of the ordinance. The City has taken the necessary action required and approved an ordinance on January 3, 2012, thereby establishing the Coachman Oaks Housing Improvement Area (the "Ordinance "). SECURITY AND The Bonds are general obligations of the City secured by its full faith and credit and taxing SOURCE OF power. PAYMENT: The Bonds will be repaid with a pledge of fees from benefited housing units within the Coachman Oaks Housing Improvement Area, similar to special assessments. The City will file the fees with the County in the fall of 2012 in an aggregate amount of $1,660,000. The fees have been amortized over a term of 15 years with level annual payments of principal and interest. Interest on the fees will be charged at a rate of 5.0 %. First collection of fees will begin in 2013 and will be available to make the August 1, 2013 interest payment and the February 1, 2014 principal and interest payment. This payment cycle will continue for the life of the Bonds. Interest due on February 1, 2013 is prior to receipt of fees, therefore, capitalized interest has been included in the par amount of the Bonds to make a portion of this interest payment. The portion of the February 1, 2013 interest payment not paid with capitalized interest will be made with available cash on hand. STRUCTURING Per direction from the City, the Bonds have been structured over a term of 15 years around SUMMARY: the projected fees to provide a level annual surplus. SCHEDULES Schedules attached for the Bonds are sources and uses of funds, net debt service ATTACHED: schedule and projected fee schedule. Springsted Page3 Zi RISKS /SPECIAL The outcome of this financing will rely on the market conditions at the time of the sale. Any CONSIDERATIONS: projections included herein are estimates based on current market conditions. SALE TERMS AND Variability of Issue Size: A specific provision in the sale terms permits modifications to the MARKETING: issue size and /or maturity structure to customize the issue once the price and interest rates are set on the day of sale. Prepayment Provisions: Bonds maturing on or after February 1, 2022 may be prepaid at a price of par plus accrued interest on or after February 1, 2021. Bank Qualification: The bank qualification requirements do not apply to taxable issues. $585,000 General Obligation Certificates of Indebtedness, Series 20128 Description of Issue PURPOSE: Proceeds of the Certificates will be used to finance the purchase of various capital equipment. AUTHORITY: Statutory Authority: The Certificates are being issued pursuant to Minnesota Statutes 475 and Section 412.301. Statutory Requirements: Pursuant to Minnesota Statutes, Section 412.301, the City may issue certificates of indebtedness without being subject to a petition requirement calling for a referendum if the total amount of the issue does not exceed 1 /4 of 1% of the market value of the taxable property in the City. Based on the City's 2010/2011 taxable market value of $6,999,712,500, this represents a maximum issue size of $17,499,281. The Certificates total $585,000 and are therefore within the limitation and not subject to taxpayer petition for a referendum. SECURITY AND The Certificates are general obligations of the City secured by its full faith and credit and SOURCE OF taxing power and will be repaid with ad valorem tax levies. PAYMENT: The City will make their first levy for the Certificates in 2012 for collection in 2013. Each year's collection of taxes will be used to make the June 1 principal and interest payment and the December 1 interest payment due in the collection year. This payment cycle will continue for the life of the Certificates. Interest due on December 1, 2013 is prior to receipt of taxes, therefore, the City will make this payment with cash on hand. Since principal payments are due on June 1 and the City will have only received the first -half tax collections, the City may be required to make a temporary transfer of funds until second - half tax collections are received. STRUCTURING Per direction from the City, the Certificates have been structured for a term of nine years SUMMARY: with level annual payments of principal and interest. SCHEDULES Schedules attached for the Certificates are sources and uses of funds and a projected debt ATTACHED: service schedule. S ringsted Page4 12' RISKS /SPECIAL The outcome of this financing will rely on the market conditions at the time of the sale. Any CONSIDERATIONS: projections included herein are estimates based on current market conditions. SALE TERMS AND Variability of Issue Size: A specific provision in the sale terms permits modifications to the MARKETING: issue size and /or maturity structure to customize the issue once the price and interest rates are set on the day of sale. Prepayment Provisions: Based on the short duration of the Certificates, and to avoid possible negative pricing impacts, the Certificates will not be subject to redemption prior to their stated Bank Qualification: The City does not expect to issue more than $10 million in tax - exempt obligations that counts against the $10 million limit for this calendar year; therefore, the Certificates are designated as bank qualified. Springsted Page5 23 $1,660,000 City of Eagan, Minnesota Taxable General Obligation Housing Improvement Bonds Series 2012A Sources & Uses Dated 05/15/2012 I Delivered 05/15/2012 Sources Of Funds Par Amount of Bonds $1,660,000.00 Total Sources $1,660,000.00 Uses Of Funds Deposit to Project Construction Fund 1,583,000.00 Costs of Issuance 34,805.00 Deposit to Capitalized Interest (CIF) Fund 21,127.00 Total Underwriter's Discount (1.000 %) 16,600.00 Rounding Amount 4,468.00 Total Uses $1,660,000.00 2012,4 Taxable GO Housing 3 20 2012 9 35A Springsted Page6 24 ' O' O' W' O' W' M' ' ' N' N' ' ' ' ' N N M 4` a .-.9,-5.- a a o p i 0 • i N M N M W W N V m O V 1� < N N O O N � O ( c ' � 1 m R m O N I- r , - c) CO N CO N m CO I N . M (0 CO O1 } N Ol M O m H M O } CO CO CO V CO N 10-• W CO (0 W V (n (n p M O l0 N }} U v 00 V c0 r V co 0) W V co M N R R N N (� N N M -c-,.. 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O (t ) (n O (n O (n O ( q �e N - C 0) 0 0 0 0 0 0 0 4- 4- N N M M N W r Q G a _ d �_ 4 a f9 LI • V f- O N ) Q ' 4 0D N 1 ZQ 4) N 802" 8 8 8 ' ) N M M V V N N W W I- N- W W W M O O N N M M V V N 0 W W f- N- W jp Q 3g. 0 8 N N S O 00 M a N N N N N N N N N N N N N N N N N d q (p °'45 . 2 y .O 1 00000000000000000000000000000000 O 0 3 N N 0) .92 a 0) NNNNNNN N N N N N N N N N N N N N N N N N N N N N N N N N F M rO 03 } c 1 d„ L } V 41 O O 1 '30 CJ L 3 ( r 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 02'-' - c o d L a� L LL L . 4) 10 N 00 N 00 N m N W W N W WW N W 00 (V W f� (5 4) O O 3 q N 0000000000=000000000000000000000 V) 00 l L 5: 0 0 0 Q Z1 - Z 5 Springs e d Page l 25 $1,660,000 City of Eagan, Minnesota Taxable General Obligation Housing Improvement Bonds, Series 2012A Housing Fee Income FEE INCOME Date Principal Coupon Interest Total P +I 12/31/2012 - - - - 12/31/2013 64,364.00 5.000% 96,833.33 161,197.33 12/31/2014 81,416.00 5.000% 79,781.80 161,197.80 12/31 /2015 85,487.00 5.000% 75,711.00 161,198.00 12/31/2016 89,761.00 5.000% 71,436.66 161,197.66 12/31/2017 94,249.00 5.000% 66,948.60 161,197.60 12/31/2018 98,961.00 5.000% 62,236.16 161,197.16 12/31/2019 103,909.00 5.000% 57,288.10 161,197.10 12/31/2020 109,105.00 5.000% 52,092.66 161,197.66 12/31/2021 114,560.00 5.000% 46,637.40 161,197.40 12/31/2022 120,288.00 5.000% 40,909.40 161,197.40 12/31/2023 126,302.00 5.000% 34,895.00 161,197.00 12/31/2024 132,618.00 5.000% 28,579.90 161,197.90 12/31/2025 139,248.00 5.000% 21,949.00 161,197.00 12/31/2026 146,211.00 5.000% 14,986.60 161,197.60 12/31/2027 153,521.00 5.000% 7,676.06 161,197.06 Total $1,660,000.00 - $757,961.67 $2,417,961.67 SIGNIFICANT DATES Filing Date 11/01/2012 First Payment Date 12/31/2013 20123 As.,n03 3'20'2012 9 35 AM Springsted Page8 21f' $585,000 City of Eagan, Minnesota General Obligation Equipment Certificates of Indebtedness Series 2012B Sources & Uses Dated 05/15/2012 I Delivered 05/15/2012 Sources Of Funds Par Amount of Bonds $585,000.00 Total Sources $585,000.00 Uses Of Funds Deposit to Project Construction Fund 550,274.45 Costs of Issuance 21,395.00 Total Underw niter's Discount (1.500 %) 8,775.00 Rounding Amount 4,555.55 Total Uses $585,000.00 201211 Egvipmeni Cens 3 %20 2012 1 12:09 PM S rin s ecl Page9 11) $585,000 City of Eagan, Minnesota General Obligation Equipment Certificates of Indebtedness Series 2012B DEBT SERVICE SCHEDULE Date Principal Coupon Interest Total P+I 105% Levy Fiscal Total 05/15/2012 - - - - - - 12/01/2012 - - 4,423.61 4,423.61 4,644.79 4,644.79 06/01/2013 60,000.00 0.450% 4,062.50 64,062.50 67,265.63 - 12/01/2013 - - 3,927.50 3,927.50 4,123.88 71,389.50 06/01/2014 60,000.00 0.650% 3,927.50 63,927.50 67,123.88 - 12/01/2014 - - 3,732.50 3,732.50 3,919.13 71,043.00 06/01/2015 65,000.00 0.850% 3,732.50 68,732.50 72,169.13 - 12/01/2015 - - 3,456.25 3,456.25 3,629.06 75,798.19 06/01/2016 65,000.00 1.000% 3,456.25 68,456.25 71,879.06 - 12/01/2016 - - 3,131.25 3,131.25 3,287.81 75,166.88 06/01/2017 65,000.00 1.400% 3,131.25 68,131.25 71,537.81 - 12/01/2017 - - 2,676.25 2,676.25 2,810.06 74,347.88 06/01/2018 65,000.00 1.650% 2,676.25 67,676.25 71,060.06 - 12/01/2018 - - 2,140.00 2,140.00 2,247.00 73,307.06 06/01/2019 65,000.00 1.900% 2,140.00 67,140.00 70,497.00 - 12/01/2019 - - 1,522.50 1,522.50 1,598.63 72,095.63 06/01/2020 70,000.00 2.100% 1,522.50 71,522.50 75,098.63 - 12/01/2020 - - 787.50 787.50 826.88 75,925.50 06/01/2021 70,000.00 2.250% 787.50 70,787.50 74,326.88 - 12/01/2021 - - - - - 74,326.88 Total $585,000.00 - $51,233.61 $636,233.61 $668,045.29 - SIGNIFICANT DATES Dated 5/15/2012 Delivery Date 5/15/2012 First Coupon Date 12/01/2012 Yield Statistics Bond Year Dollars $3,021.00 Average Life 5.164 Years Average Coupon 1.6959156% Net Interest Cost (NIC) 1.9863823% True hterest Cost (TIC) 1.9954978% Bond Yield for Arbitrage Purposes 1.6863129% All Inclusive Cost (AIC) 2.7773261% IRS Form 8038 Net Interest Cost 1.6959156% Weighted Average Maturity 5.164 Years 201213 Equipment Cerls j 3'20; 2012. 12:09 PM Springsted Page10 20 Agenda Information Memo April 3, 2012 Eagan City Council Meeting F. Set interest rate on special assessments levied in 2012 at 3.5 %. ACTION TO BE CONSIDERED: • To set the interest rate for special assessments levied in 2012 at 3.5 %. FACTS: • In 2010, the Council adopted a policy establishing how the interest rate for special assessments levied in the current year is determined. The rate applies to assessments on public improvement projects, delinquent utility bills, and delinquent invoices for noxious weed - cutting, board -ups, and false alarm charges. • By policy, the rate is to be between 1.5% and 2.0% over the current composite 10 -year AAA municipal bond yield, rounded to the nearest .5 %. • The current composite 10 -year AAA municipal bond yield is 1.78 %; therefore, the interest rate to be used on special assessments this year calculates to 3.5 %. • Last year, the special assessment rate was 5.0 %. ATTACHMENTS: • None 19 Agenda Information Memo April 3, 2012 Eagan City Council Meeting CONSENT AGENDA G . Approve the new Lease Agreements between the City of Eagan and St. Croix Harley Davidson for two 2012 Harley Davidson motorcycles ACTION TO BE CONSIDERED: The action is to approve two new lease agreements between the City of Eagan and St. Croix Harley Davidson. The approval of these leases will enable the police department to lease two motorcycles for one year. The dealership will lease both motorcycles to the city at a cost of $1 each. FACTS: • Since 2003, the Eagan Police Department has used motorcycles for traffic enforcement and other outreach programs to promote traffic safety throughout Eagan. • A prior lease agreement was reviewed by the Eagan City Attorney and suggested changes to the document were made at that time. There were no substantive changes to the 2012 documents. • The previously leased motorcycles were returned to the dealership last fall. By approving the new lease agreements, the police department will receive two new 2012 models. • The original start-up fees for the Traffic Enforcement Unit were paid through grants from the Eagan Citizen's Crime Prevention Association in 2003. ATTACHMENTS A copy of the lease agreements are attached as pages 31 through 38 . 30 2012 HARLEY - DAVIDSON FLHTP LEASE THIS AGREEMENT is made and entered into this 21st day of March, 2012 by and between St. Croix Harley- Davidson, Inc., a Wisconsin corporation (hereinafter the "Lessor ") and the City of Eagan a Minnesota municipal corporation (hereinafter the "Lessee "), for the purpose of lending to the Lessee Harley- Davidson Motorcycles. RECITALS WHEREAS, this Agreement is entered into by the City of Eagan under the authority of Minn. Stat. § §412.211 and 412.221. WHEREAS, the City of Eagan is desirous of leasing motorcycles for the Eagan Police Departments use in patrol and law enforcement duties and the Lessor or desirous of leasing certain motorcycles to the City of Eagan for a reasonable cost. WHEREAS, it is in the best interest of the City of Eagan and its residents for it to lease the motorcycles from the Lessor under the terms and condition of this Agreement. NOW, THEREFORE, based on the foregoing, the Parties hereto agree as follows: 1. Equipment. 2012 Harley- Davidson FLHTP Police Motorcycle, BLACK, VIN 1 HD 1 FMM 1 OCB662147 (hereinafter the "Motorcycles "). 2. Agreement Terms. This Agreement shall be effective as of the date of execution for a period of twelve (12) months. Motorcycles leased under this Agreement are to be used for police and related activities only. No more than one person shall be on a Motorcycle leased under this Agreement and the person operating the Motorcycle shall be authorized by law and Eagan Police Department policy to operate the Motorcycle. 3. Payment Period. Lessee shall pay one yearly lease payment of One Dollar ($1.00) per Motorcycle. Payment does not include the cost of optional or additional equipment not otherwise included in the specifications of the Motorcycles leased hereunder as set forth in Paragraph 1 above, full maintenance or insurance costs. 4. Insurance. At its own expense, the Lessee shall carry casualty insurance, public liability insurance and property damage insurance sufficient to protect the full value of the Motorcycles, and to protect the Lessor from liability in all events. The Lessee shall carry workman's compensation insurance covering all of its employees working on or about the Motorcycles. Upon request, Lessee shall furnish to Lessor certificates or other satisfactory evidence of all insurance coverage described above as required terms and conditions of the Agreement. 5. Hold Harmless Indemnification Between Parties. The Lessee hereby agrees to protect, defend, indemnify and hold harmless the Lessors up to the limits of the 3 1 municipal immunity as provided by state statute from and against any and all losses, penalties, damages, settlements, costs, charges or other expenses or liabilities arising out of the negligence of the Lessee or its employees in the use or operation of the Motorcycles leased hereunder, but not for and loss, claim, damage, action or the like arising out of negligence acts of the Lessor. Nothing in this Agreement shall be construed to waive any rights, privileges, immunities, or tort damage limitations available to the City under federal or state law, in the event any person or party brings claim against the City as a result of the use or operation of a Motorcycle leased under this Agreement. 6. Liens. The Lessee shall not directly or indirectly create, incur, assume, or suffer to exist and mortgage, pledge, lien, charge, encumbrance or claims on or with respect to the Motorcycles, except with respective rights of the Lessor as herein provided. Lessee shall promptly, at its own expense, take such action as charge, encumbrance or claim not expected above if the same shall arise at any time due to Lessee's action or inaction. 7. Terms and Fees. The Lessee shall pay all appropriate taxes or fees, or similar charges imposed by virtue of the Lessee's ownership, possession or use of the Motorcycles during the term of this Agreement. 8. Care and Use of Equipment. The Lessor agrees to maintain the Motorcycles pursuant to the manufacturer's standard and preventive maintenance procedures and recommendations. All repairs and maintenance shall be made at St. Croix Harley- Davidson, Inc., 2060 Ilighway 65, New Richmond, Wisconsin 54017. The Lessee, at its own cost and expense, shall ensure delivery of the Motorcycles to the above address at regular maintenance intervals set up by Lessor in accordance with the service schedule as provided in the owner's manual. The Lessee shall protect the Motorcycles from deterioration other than normal wear and tear. The Lessee shall use the Motorcycles for police related activities only, without abuse, and shall not make modifications, alterations or additions to the Motorcycles (other than normal operation accessories or controls) without the written consent of the Lessor, which shall not be unreasonably withheld. The Lessor shall have the right, after notifying the Lessee, and during regular business hours to enter upon the premises where the Motorcycles are located in order to inspect, observe or otherwise protect the Lessor's interest, and the Lessee shall afford them the reasonable opportunity to do so. 9. Damage or Deterioration of Motorcycles. In the event the Motorcycles are partially damaged or destroyed due to the negligent action of the Lessee or its employees prior to the end of the term of this Agreement, the Lessee will promptly have the Motorcycles repaired and restored to their original condition and working order at their expense. In the case of theft or total loss of any of the Motorcycles, the replacement value of each Motorcycle shall be Seventeen Thousand Nine Hundred and Ninety Five and No /100 Dollars ($17,995.00). 10. Rider Responsibility and Privileges. The Lessee shall be responsible for keeping the Motorcycles clean and for reporting and repairs needed to the Lessor. The 31 Lessee may allow riders to use the Motorcycles to travel to and from work, provided that the Motorcycles are fully insured by the Lessee and that the distance to and from work is no more than thirty (30) miles each way. 11. Events of Default and Remedies. Lessee shall be deemed to be in default of this Agreement upon the happening of any of the following events of default: (A) Lessee fails to make payment of the lease or other payments required hereunder; or (B) Lessee fails to comply with any other term, covenant, or condition contained herein. Upon the occurrence of any event of default as specified above, should Lessee fail to remedy such event or default with all reasonable dispatch within a period of thirty (30) days, Lessor shall have the right, after written notice to the Lessee, to pursue any of the following remedies: (1) Repossession of the Motorcycles, including the right to sell or lease the Motorcycle for the account of the Lessee, and hold Lessee liable for all payments up to the effective date of such sale or lease. Lessor may hold Lessee liable for the difference of payments, which would be due under the Agreement and the amount received by the Lessor for the sale or lease of the Motorcycles upon default. (2) Any action at law or in equity may appear necessary to collect the payments then due and thereafter to become due, or to enforce performance and observance of any obligation, agreement or covenant of Lessee under the Agreement. Lessor shall be deemed to be in default under this Agreement upon failure to comply with term, covenant or condition herein. 33 LESSEE: City of Eagan, a Minnesota Municipal Corporation By: Date: Its: By: Date: Its: LESSOR: ST. CROIX HARLEY - DAVIDSON, INC., a Wisconsin corporation By: Jay Desio Date: Its: Director of Operations 34 2012 HARLEY - DAVIDSON FLHTP LEASE THIS AGREEMENT is made and entered into this 21st day of March, 2012 by and between St. Croix Harley- Davidson, Inc., a Wisconsin corporation (hereinafter the "Lessor ") and the City of Eagan a Minnesota municipal corporation (hereinafter the "Lessee "), for the purpose of lending to the Lessee Harley- Davidson Motorcycles. RECITALS WHEREAS, this Agreement is entered into by the City of Eagan under the authority of Minn. Stat. § §412.211 and 412.221. WIIEREAS, the City of Eagan is desirous of leasing motorcycles for the Eagan Police Departments use in patrol and law enforcement duties and the Lessor or desirous of leasing certain motorcycles to the City of Eagan for a reasonable cost. WHEREAS, it is in the best interest of the City of Eagan and its residents for it to lease the motorcycles from the Lessor under the terms and condition of this Agreement. NOW, THEREFORE, based on the foregoing, the Parties hereto agree as follows: 1. Equipment. 2012 Harley- Davidson FLHTP Police Motorcycle, BLACK, VIN 1 HD 1 FMM 13CB661669 (hereinafter the "Motorcycles "). 2. Agreement Terms. This Agreement shall be effective as of the date of execution for a period of twelve (12) months. Motorcycles leased under this Agreement are to be used for police and related activities only. No more than one person shall be on a Motorcycle leased under this Agreement and the person operating the Motorcycle shall be authorized by law and Eagan Police Department policy to operate the Motorcycle. 3. Payment Period. Lessee shall pay one yearly lease payment of One Dollar ($1.00) per Motorcycle. Payment does not include the cost of optional or additional equipment not otherwise included in the specifications of the Motorcycles leased hereunder as set forth in Paragraph 1 above, full maintenance or insurance costs. 4. Insurance. At its own expense, the Lessee shall carry casualty insurance, public liability insurance and property damage insurance sufficient to protect the full value of the Motorcycles, and to protect the Lessor from liability in all events. The Lessee shall carry workman's compensation insurance covering all of its employees working on or about the Motorcycles. Upon request, Lessee shall furnish to Lessor certificates or other satisfactory evidence of all insurance coverage described above as required terms and conditions of the Agreement. 5. Hold Harmless Indemnification Between Parties. The Lessee hereby agrees to protect, defend, indemnify and hold harmless the Lessors up to the limits of the 35 municipal immunity as provided by state statute from and against any and all losses, penalties, damages, settlements, costs, charges or other expenses or liabilities arising out of the negligence of the Lessee or its employees in the use or operation of the Motorcycles leased hereunder, but not for and loss, claim, damage, action or the like arising out of negligence acts of the Lessor. Nothing in this Agreement shall be construed to waive any rights, privileges, immunities, or tort damage limitations available to the City under federal or state law, in the event any person or party brings claim against the City as a result of the use or operation of a Motorcycle leased under this Agreement. 6. Liens. The Lessee shall not directly or indirectly create, incur, assume, or suffer to exist and mortgage, pledge, lien, charge, encumbrance or claims on or with respect to the Motorcycles, except with respective rights of the Lessor as herein provided. Lessee shall promptly, at its own expense, take such action as charge, encumbrance or claim not expected above if the same shall arise at any time due to Lessee's action or inaction. 7. Terms and Fees. The Lessee shall pay all appropriate taxes or fees, or similar charges imposed by virtue of the Lessee's ownership, possession or use of the Motorcycles during the term of this Agreement. 8. Care and Use of Equipment. The Lessor agrees to maintain the Motorcycles pursuant to the manufacturer's standard and preventive maintenance procedures and recommendations. All repairs and maintenance shall be made at St. Croix Harley- Davidson, Inc., 2060 Highway 65, New Richmond, Wisconsin 54017. The Lessee, at its own cost and expense, shall ensure delivery of the Motorcycles to the above address at regular maintenance intervals set up by Lessor in accordance with the service schedule as provided in the owner's manual. The Lessee shall protect the Motorcycles from deterioration other than normal wear and tear. The Lessee shall use the Motorcycles for police related activities only, without abuse, and shall not make modifications, alterations or additions to the Motorcycles (other than normal operation accessories or controls) without the written consent of the Lessor, which shall not be unreasonably withheld. The Lessor shall have the right, after notifying the Lessee, and during regular business hours to enter upon the premises where the Motorcycles are located in order to inspect, observe or otherwise protect the Lessor's interest, and the Lessee shall afford them the reasonable opportunity to do so. 9. Damage or Deterioration of Motorcycles. In the event the Motorcycles are partially damaged or destroyed due to the negligent action of the Lessee or its employees prior to the end of the term of this Agreement, the Lessee will promptly have the Motorcycles repaired and restored to their original condition and working order at their expense. In the case of theft or total loss of any of the Motorcycles, the replacement value of each Motorcycle shall be Seventeen Thousand Nine Hundred and Ninety Five and No /100 Dollars ($17,995.00). 10. Rider Responsibility and Privileges. The Lessee shall be responsible for keeping the Motorcycles clean and for reporting and repairs needed to the Lessor. The Lessee may allow riders to use the Motorcycles to travel to and from work, provided that the Motorcycles are fully insured by the Lessee and that the distance to and from work is no more than thirty (30) miles each way. 11. Events of Default and Remedies. Lessee shall be deemed to be in default of this Agreement upon the happening of any of the following events of default: (A) Lessee fails to make payment of the lease or other payments required hereunder; or (B) Lessee fails to comply with any other term, covenant, or condition contained herein. Upon the occurrence of any event of default as specified above, should Lessee fail to remedy such event or default with all reasonable dispatch within a period of thirty (30) days, Lessor shall have the right, after written notice to the Lessee, to pursue any of the following remedies: (1) Repossession of the Motorcycles, including the right to sell or lease the Motorcycle for the account of the Lessee, and hold Lessee liable for all payments up to the effective date of such sale or lease. Lessor may hold Lessee liable for the difference of payments, which would be due under the Agreement and the amount received by the Lessor for the sale or lease of the Motorcycles upon default. (2) Any action at law or in equity may appear necessary to collect the payments then due and thereafter to become due, or to enforce performance and observance of any obligation, agreement or covenant of Lessee under the Agreement. Lessor shall be deemed to be in default under this Agreement upon failure to comply with term, covenant or condition herein. 37 LESSEE: City of Eagan, a Minnesota Municipal Corporation B Date: Its: By: Date: Its: LESSOR: ST. CROIX HARLEY - DAVIDSON, INC., a Wisconsin corporation By: 4 ay Desio Date: Its: Director of Operations 348 Agenda Memo April 3, 2012 City Council Meeting H. APPROVE a Resolution to accept a Community Forest Bonding Grant from the DNR in the amount of $20,974.22 and authorize the necessary budget adjustment. ACTION TO BE CONSIDERED: To approve a resolution to accept a Community Forest Bonding Grant from the DNR in the amount of $20,974.22 and authorize the necessary budget adjustment. FACTS: • At their February 8 meeting the City Council approved the submission of an application for a 2012 -2014 DNR Community Forest Bonding Grant to fund the planting of more diverse species of trees on City properties. • The City of Eagan was notified that they were awarded a non - matching grant of $20,974.22 to help with that plant diversity. • The grant is intended to enhance Eagan's urban forest through the contractual removal of approximately 100 at -risk Ash trees on public property. These trees will subsequently be replaced with native species to create a more diverse forest, which is less likely to succumb to an infestation or infection. • The identified at -risk trees are located primarily in visible park and public areas. • By accepting this grant the 2012 Forestry budget would receive a corresponding budget adjustment of: • $20,974.22 to budget line item 3231 -4140 (revenue) • Expenses would be coded to 3231 -6630. ATTACHMENTS: • Resolution on Page 3�' CITY OF EAGAN RESOLUTION TO ACCEPT A GRANT FROM THE DEPARTMENT OF NATURAL RESOUCES COMMUNITY FOREST BONDING GRANT WHEREAS, the City of Eagan manages and oversees the health and viability of various trees and vegetation on public property; and WHEREAS, the City of Eagan applied for and received a $20,974.22 grant from the Department of Natural Resources — Community Forest Bonding Grant to help diversify Eagan's . urban forest and to mitigate the impact of at -risk Ash trees on public property; and WHEREAS, the identified at -risk Ash trees are located primarily in visible park and public areas; and WHEREAS, the at -risk Ash trees will be removed contractually and replaced with native species to create a more diverse forest, which is less likely to succumb to an infestation or infection; and WHEREAS, the grant requires no match by the City of Eagan; NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby accept a grant of $20,974.22 from the Department of Natural Resources - Community Forest Bonding Grant for the removal of at -risk Ash trees and the replacement of those trees on public property with a more diverse forest. CITY OF EAGAN CITY COUNCIL By: Mayor Attest: City Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: CERTIFICATION I, Christina M. Scipioni, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 3` day of April, 2012. City Clerk Agenda Memo April 3, 2012 City Council Meeting I. APPROVE a Resolution to accept donations from Think Mutual Bank and Health Partners for 2012 Parks and Recreation Programs. ACTION TO BE CONSIDERED: To approve a resolution to accept a cash donation of $7,500 from Think Mutual Bank for the 2012 Market Fest Entertainment Series and a cash donation of $1,500 from Health Partners to support of the 2012 Eagan 5K event and authorize the necessary budget adjustment. FACTS: • The Market Fest 2012 season is planned and ready to provide a farmers market, artisan market, food and music for the community to enjoy every Wednesday evening from June through September. • Donation dollars were budgeted for 2012 to allow this free community program to be hosted by interested local partners. • Think Mutual Bank has asked to be the exclusive sponsor of the 2012 Market Fest entertainment series. Their donation will also be used towards family activities and Market Fest theme night promotions. Think Bank will be acknowledged at evening events in addition to Market Fest's publicity to the community. • Health Partners has also asked to donate $1,500 to support the Eagan 5K event. Several in- kind donations from Health Partners were approved at the February 21 City Council meeting but this cash donation was inadvertently missed. • By approving these donations the 2012 Recreation budget would receive a corresponding budget adjustment reflecting the cash donations of: • $7,500 to budget line item 3061 -4663. • 1,500 to budget line item 3079 -4663. ATTACHMENTS: 1 -12, • Resolution on Page 41 CITY OF EAGAN RESOLUTION TO ACCEPT A CASH DONATION FROM THINK MUTUAL BANK AND HEALTH PARTNERS WHEREAS, Eagan Parks and Recreation offers several community wide programs and events during the year that offer volunteer and partnership opportunities; and WHEREAS, Think Mutual Bank and Health Partners have expressed an interest in partnering with Eagan Parks and Recreation for 2012 community event; and WHEREAS, Think Mutual Bank has expressed an interest in supporting the Market Fest event that features a farmers market, artisan market, food and music for the community to enjoy every Wednesday evening from June through September; and WHEREAS, Health Partners has expressed an interest in supporting the Eagan 5K Your Way Activity Festival event; and WHEREAS, Think Mutual Bank has offered to donate $7,500 to be the primary sponsor for the Market Fest entertainment series in addition to supporting family activities and Market Fest theme night promotions; and WHEREAS, Health Partners has offered to donate $1,500 to support the Eagan 5K event; NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby accept the $7,500 cash donation from Think Mutual Bank for the 2012 Market Fest Entertainment Series and the $1,500 cash donation from Health Partners to support the Eagan 5K event. CITY OF EAGAN CITY COUNCIL By: Mayor Attest: City Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: CERTIFICATION I, Christina M.Scipioni, City Clerk for the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 3 day of April, 2012. t 1 City Clerk 'l2 Agenda Information Memo April 3, 2012 Eagan City Council Meeting J. APPROVE ENCROACHMENT/ MAINTENANCE AGREEMENT LOT 1, BLOCK 1, BALLENTRAE 2 ADDITION ACTION TO BE CONSIDERED: Approve Encroachment and Maintenance Agreement with Ballantrae Associates for Lot 1, Block 1, Ballantrae 2 Addition, and authorize Mayor and City Clerk to execute all related documents. FACTS: • On December 12, 2011, City staff received a petition from Paola Bernardi, owner of Ballantrae Apartments, 3800 Ballantrae Road (Lot 1, Block 1, Ballantrae 2nd Addition), south of Silver Bell Road near the Cedar Grove Redevelopment Area, requesting the vacation of portions of public drainage and utility easements upon said property. • On December 20, the City Council received the petition for this vacation, and set a public hearing for January 17 to consider vacating said drainage and utility easements. • In 2000, public easements were dedicated with the Ballantrae 2 Addition plat over all (both public and private) sanitary sewer, water main, and storm sewer facilities serving the buildings comprising the Ballantrae Apartments. • The owner /applicant is proposing significant renovations to the apartment buildings on the property, and has discovered two areas of existing buildings that currently encroach into these public drainage & utility easements (both 6' x 38'). In addition, proposed entrance renovations to two apartment buildings and a proposed new garage construction result in four more areas of new encroachments into these public drainage and utility easements (various sizes ranging from 3' x 11' to 9' x 20'). • The owner /applicant requested the City to vacate these 6 isolated easement segments to help provide clear property title on the existing and proposed encroachment areas. • A vacation hearing was held on January 17, 2012. The City Council was not in favor of vacating portions of the easements needed for the City's utility system and accordingly directed the preparation of Findings for Denial of the petition to vacate the drainage and utility easements. • On February 8, 2012, the City Council adopted the Findings of Denial of the petition. • The City Council gave staff direction to prepare an encroachment agreement to allow for the improvements to be constructed within the drainage and utility easements, subject to the property owner agreeing to and complying with the terms which address financial obligations associated with the City having to maintain the public lines due to these encroachments. • Public Works staff, the City Attorney's office, and the Ballantrae property owner have reviewed the drafted agreement and found it in order for favorable Council action. ATTACHMENTS: • Ballantrae Apartments, Encroachment and Maintenance Agreement, pages 4 ' lthrou . 43 BALLANTRAE APARTMENTS ENCROACHMENT AND MAINTENANCE AGREEMENT This Agreement is made and entered into this 21 4- day of Mar , 2012, by and between the City of Eagan, a Minnesota municipal corporation (the "City "), and Ballantrae Associates, LP, a Minnesota limited partnership (the "Owner "). WHEREAS, the Owner is the fee owner of certain property located in the City of Eagan, which contains the Ballantrae Apartments located at 3800 Ballantrae Road and legally described as Lot 1, Block 1, Ballantrae Second Addition (hereinafter the "Property "); and WHEREAS, the Owner desires to construct significant renovations to the apartment buildings on the Property (hereinafter the "Improvements "); and WHEREAS, in connection with the Improvements, it is necessary for the Owner to encroach within certain dedicated public drainage and utility easements more particularly described and depicted on Exhibit "A" attached hereto (collectively the "Easements "); and WHEREAS, the City is willing to allow Owner to encroach within the Easements all upon the terms and conditions contained herein: NOW, THEREFORE, the City and Owner agree as follows: 1. ENCROACHMENT. The City hereby authorizes Owner to construct, maintain and repair the Improvements within the Easements. 2. No WAIVER. Nothing in the Agreement shall be deemed a waiver or abandonment of the City's rights in the Easements. 3. COSTS. The Owner shall be responsible for all costs relating to the construction, maintenance and repair of the Improvements. 4. ASSUMPTION OF RISK. Owner acknowledges that the construction of the Improvements within the Easements may impact future maintenance, repairs and/or replacement of the utility lines within the Easements and it may require extraordinary efforts with related expenses and possibly damage the Improvements. By entering into this Agreement, Owner acknowledges that placement of the Improvements within the Easements is at its own risk and Owner assumes any and all damage and /or liability that may result from any work performed by the City and /or its agents within the Easements. Owner agrees not to pursue any claim against the City or its contractors and agents for any damage to the Improvements or any buildings located on the Property resulting from any activity performed within the Easements. 5. MAINTENANCE. The Owner shall maintain the Improvements in a safe and aesthetically pleasing condition. No advertising or posting shall be permitted upon the Improvements. 6. INSURANCE AND INDEMNIFICATION. The Owner shall maintain comprehensive liability insurance in the amount of $1,000,000.00. The Owner shall name the City as an additional insured on the policy and shall provide a copy of the insurance certificate to the City contemporaneously with the execution of this Agreement. The Owner shall indemnify and hold the City and its employees, agents and contractors harmless from (i) any and all claims arising out of or related to use by Owner, the owner or occupants of Ballantrae Apartments or their guest or invitees of that portion of the Easements on which Owner has or will construct improvements, and (ii) any and all claims arising out of or related to the maintenance of the Easements by the City or its employees, agents or contractors, including, without limitation, damage to the Improvements caused by their equipment. 7. DEFAULT. If the Owner fails to take any action required in connection with this Agreement, the City will provide a written notice of default to the Owner giving Owner a 30 -day cure period. Notice need not be given in the event emergency repairs are needed. After the 30 -day cure period, the City may take action and bill the Owner for the costs thereof. If the Owner fails to reimburse the City for the costs thereof within ten (10) days after receipt of the bill, the City may take any action permitted by law to collect the amount owed plus the costs of collection, including, but not limited to attorneys' fees. 2 145 8. VALIDITY. If any portion, section, subsection, sentence, clause, paragraph or phrase of this agreement is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this Contract. 9. BINDING AGREEMENT. The parties mutually recognize and agree that all terms and conditions of this recordable agreement shall run with the land herein described and shall be binding upon the successors and assigns of the parties hereto. CITY OF EAGAN OWNER: Ballentrae Associates, LP, a Minnesota Limited partnership By: SENTINEL HOLDINGS COMPANY, By: a Minnesota corporation Mike Maguire Its: Mayor Its: GENERAL PARTNE By: By:(' -4 Christina M. Scipioni Luigi Bernardi Its: Clerk Its: Secretary and Treasurer STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 2012, by Mike Maguire and Christina M. Scipioni, the Mayor and Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public 3 1 4 (9 STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this 0 7/ 31- day of /2')ac h , 2012, by Luigi Bernardi, the Secretary and Treasurer of SENTINEL HOLDINGS COMPANY, a Minnesota corporation, on behalf of the corporation, the General Partner of Ballantrae Associates, LP, a Minnesota limited partnership, on behalf of the limited partnership. �-�-- � 4 COLLEENM.BARTELDS I = Notary Public-Minnesota Notary Public m Commission E�iree Jan 31,2015 THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 (952) 432 -3136 (RBB: 206 -4768) 4 Lrl BALLANTRAE APARTMENTS ENCROACHMENT AND MAINTENANCE AGREEMENT EXHIBIT A © 2010 RIX INC. Easement Encroachment Ballantrae Apartments Sketch and Descriptions , k�` 3800 Ballantrae Road Eagan, MN 55122 Silver Dell Road -- - S89:59347" 1 _ 0 _ _ 1 �— 0 0 —m 1 p 0 S895954 E 0 115.00 q MID 11111Mit m iiiiiinil N ti ill m • r - ! - J 1 _ r w b 1 r-- -- -I h I ri r - - -- — E I - 5 895954 E II E 1ss 10 I I I I , E—___ N 0, D 1 —.1.1..1 �4 - — _I II !) 1.` `� r L - - - - -- - - -- J- 1 1 1 ■ - - 1 1 - a--- J e IP ir VI. \ \` \ \ i r - 7V\ \� �- 5895924 E - J L . L M ; \ 66.00 - - - - 1 N.I . /iff.i.:-.4=-. l \ \\ \ // T 1 ` \ � �` / i i - iI W , : 1 i 31 I I g h �, 3 I J L( II .....:5"----- I I A B 1 3 1 1 [� I C\ I I L __ _44 L - •n L , 4 1 i.93,181 i o i \ , 490.16 I 1 1QI �_ _ 'x-1 L r 58939:34 "W .IL_ I 1 1 t3 UUJ LLLLLL I v I 3 1' 1 1 ° u 2 0 i I $ — _ — k i 0 F : 41.42 I 1 J �1 I ° o 1 I n ' —'`JR �o .,.. NORTH I v I - 1 I r 5_ ,1 v I 1 1 ' 5 --./ S89 :3 34 ° W 1 a GOLD TRAIL R :` 5 9 5 7 --- DATE T �( \ r Ballantrae Apartments 2 -24 -12 nw Wii Minnetonka, MN t ( oa>'0M3» ) Phone: 952 933 0972 pRO,1# Fu: 952 933 1153 Location of 3 �� www.dkinc.com 2011— 081M 6110 Bloc Circle Drive • Suit= 100 • Mlmaonka,MN55343 Easement Encroachments 14q © 2010 RLK INC. Easement Encroachment Ballantrae Apartments Sketch and Description ,'°` 3800 Ballantrae Road Eagan, MN 55122 '/ '1 l r �i 1 \' point, .eginning r — 1 r� I L -- — — -- - -A L - - -L 278.76 , ■ _, -- L - -- — C:-...--...."---- i -w Y 89 35'59 "W 1 — - --� ` S89 35'59 "W 11.00 Ti ri. I I 1 I -- _ f - - — ce rl " 1 r___ A. . asement -- .� . , i � -- L _ I I I - -J Al I I A r, I I . .- 1 O Al i I J I �, 1 I Fr: 1 , 1 ) w m to o T NORTE r i 1 J ` � z° pN� —_, t ^_ -� J r - � 0 100 ` ' Millii SCALE IN FEET w Z n 40 1 I l I I Southeast comer of lot 1 i. I j i i 2 / I GOLD TRAIL r KM PROPOSED EASEMENT ENCROACHMENT "A" DESCRIPTION T That part of the drainage and utility easement over Lot 1, Block 1, BALLANTRAE 2ND ADDITION according to said plat on file and of record in the office of the County Recorder, Dakota County, Minnesota being a strip 0 of land 3.00 feet in width, the southerly line of which is described as commencing at the southeasterly comer of said Lot 1; thence North 04 degrees 10 minutes 36 seconds East on an assumed bearing along the east line of said Lot 1, a distance of 488.01 feet to the intersection of the centerline of said drainage and utility easement; thence South 89 degrees 35 minutes 59 seconds West, along said centerline, a distance of 278.76 - feet; thence North 00 degrees 24 minutes 01 seconds West, perpendicular to said centerline, a distance of 7.00 feet to the point of beginning; thence South 89 degrees 35 minutes 59 seconds West, parallel with said centerline, a distance of 11.00 feet, and said line there terminating. U 5 5. D I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered s Land Surveyor under the laws of the State of Minnesota. e NOTE: lir 5 Encroachment Area = 33 sq. ft , ' D 2 - - Henry D. -on, MN Lic nse No. 17255 Date V 2 -24 -12 revised per client comments ri si r DATE Ballantrae Apartments 2 -24 -12 RLK Minnetonka, MN f ( INCORPORATIRD ) Phone: 952 933 0972 PROJi V / Fax: w.rain 1153 FIGURE A 2011 -081M 6110 Btee Curie Drive • Suits 100 • 15aomonka, MN 55343 56 © 2010 RIX INC. Easement Encroachment Ballantrae Apartments Sketch and Description ?k °c 3800 Ballantrae Road Eagan, MN 55122 v---_,--- I i 1 I 1 1 I /--, L -- — - -- — \' I ; (� point of beginning _ r_ I � r I _ - -- �- - -- -- (.1-:-----:."-----..._ + I • _ n ' 89 L ° 3 5'59 "W 221 •0� — t— 4` '- - — —1 r•' -- - --1 r - - -- t �\ � ` 9 °35'59 "W 11.00 ° 0 1 1 I � �_ r I L I I I (s\ -... _ S cent • \ \ — - - ilitl4 N 1 1 r — t easement -- — \\ \ I \ \ I r--.7"... ��—o _ 1- L_ I L__ I 1 L__ AI I I C) �� II I I o Q ( v f}► c o 7 J ca d w 1 rr7 I o NORTH NI _ .� c, I \ 111 a I 0 100 ...... SCALE IN FEET 0, I 1 I Southeast corner of lot 1 ; 1 t / I t F / i GOLD TRAIL 1 , PROPOSED EASEMENT ENCROACHMENT "B" DESCRIPTION o That part of the drainage and utility easement over Lot 1, Block 1, BALLANTRAE 2ND ADDITION according to said plat on file and of record in the office of the County Recorder, Dakota County, Minnesota being a strip 0 of land 3.00 feet in width, the southerly line of which is described as commencing at the southeasterly corner of said Lot 1; thence North 04 degrees 10 minutes 36 seconds East, on an assumed bearing along the east 0 line of said Lot 1, a distance of 488.01 feet to the intersection of the centerline of said drainage and utility easement; thence South 89 degrees 35 minutes 59 seconds West, along said drainage and utility easement, a - distance of 221.60 feet; thence North 00 degrees 24 minutes 01 seconds West, perpendicular to said 3 centerline, a distance of 7.00 feet to the point of beginning; thence South 89 degrees 35 minutes 59 o seconds West, parallel with said centerline, a distance of 11.00 feet, and said line there terminating. U 3 1 D I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered . Land Surveyor under the laws of the State of Minnesota. NOTE: 0 3 Encroachment Area = 33 sq. ft _ � " __ _ 2 -24 -12 enry D Ne son, MN` Lic nse No. 17255 Date V 2 -24 -12 revised per client comments V n 7 DATE LK Ballantrae Apartments 2 -24 -12 R Dlinnetonka, MN f ( a.00>tvou'r ) Phone: 952 933 0972 PROJf '' V Fax. 952 933 1153 v.rlkinccom FIGURE B 2011-081M • 6110 Blue Cade hive • Suite 100 • IsEnnetonita, 1,d13 55343 5, ® 2010 RLK INC. Easement Encroachment Ballantrae Apartments Sketch and Description ,ic° 3800 Ballantrae Road Eagan, MN 55122 J — Silver Bell Road South ROW line of Silver Bell R. _d , Northeasterly corner of Lot 1 S00° . 0'06 "W 40.00 -.---/ L _' S89 ° 59'54 "E 115.00 � ` `'' -S00 °00'06 "1N 70.96 ,-{ 1—/ L i � U _ - -� � i — N9 °4 8�. $3'45"W35 r . 1 _pain of be. l rang 1 r N89 °43'45 "W 11.815- fr I — I n - - - -, ° of — A- - - Z -- 1 centerline drainage - I I � II l and utility easement i I r\ ` —i� 1 I I I r ._- _ I 1 I � 1 r- I �� — —{ — — — .___,___J r ,- 4 _,___ i u . ._ v / \ \ \ \" - /1 / \ 1 o \ . � .. \ \ / I I I I j I 1 I .� N. i► I i I 1 N. PROPOSED EASEMENT ENCROACHMENT "C" DESCRIPTION- _._..:;'' That part of the drainage and utility easement over Lot 1, Block 1, BALLANTRAE 2ND ADDITION according to said plat on file and of record in the office of the County Recorder, Dakota County, Minnesota being a strip O of land 6.00 feet in width, the southerly line of which is described as commencing at the northeasterly comer E of said Lot 1 which is on the southerly right —of —way line of Silver Bell Road as platted in said plat; thence South 00 degrees 00 minutes 06 seconds West on an assumed bearing along an easterly line of said Lot 1, a distance of 40.00 feet; thence South 89 degrees 59 minutes 54 seconds East, along a northerly line of said - NORTH lot, a distance of 115.00 feet; thence South 00 degrees 00 minutes 06 seconds West, along an easterly line 3 of said Lot, a distance of 70.96 feet, to the intersection of the centerline of the said drainage and utility easement; thence North 89 degrees 43 minutes 45 seconds West, along said centerline, a distance of 386.57 v feet; thence North 00 degrees 16 minutes 15 seconds West, perpendicular to said centerline, a distance of 4.00 feet to the point of beginning; thence North 89 degrees 43 minutes 45 seconds West, parallel with said 5 centerline, a distance of 11.00 feet, and said line there terminating. N • 0 100 I hereby certify that this survey, plan or report was prepared by -∎ me or under my direct supervision and that I am a duly Registered ' - SCALE IN FEET Land Surveyor under the laws of the State of Minnesota. O / / 5 NOTE: 4. -___ - - 2 -24 -12 Encroachment Area = 66 sq. ft Henry D. Nel .on, MN Lic - se No. 17255 Date r 2 -24 -12 revised per client comments . DATE Ballantrae Apartments 2 -24 -12 RLK Minnetonka, hLN j ( alooaroIA1 ) Phone: 952 933 0972 PROJ# Fax 952 933 1153 wwa-.rlkincmm FIGURE C 2011-081M � n 6110 Blue lisle Drive • Suite 100 • Minnetonka, MN 55343 52 © 2010 RLK INC. Easement Encroachment Ballantrae Apartments Sketch and Description e, k0 3800 Ballantrae Road Eagan, MN 55122 Silver Bell Road - Northwesterly corner of Lot 1 — r--- ( 0 J r L RI _\-- N J 1 I.4 in - r b N I - - - -� E -- I �- -- -- \- 1 I 1 J L_ / t, ( I _1 1 N - d ` 1 O 7,8 0 .-- I E. 0 I I II z .. = `� r N c 1 L -_ centedine drainage 2 _ — - - -- 1 I and utility easemenc---\,....__, ....7 — I NB 9 °51'35 "E 50.38'` ' �o� I 1 _ is — c . so g; 111 I a 4' I 1 7 i — J L - l I I l I — I �\ �� II I s �� 1 / i 1 N . ) III 1 .1 / PROPOSED EASEMENT ENCROACHMENT "D" DESCRIPTION That part of the drainage and utility easement over Lot 1, Block 1, BALLANTRAE 2ND ADDITION according to said plat on file and of record in the office of the County Recorder, Dakota County, Minnesota being a strip 0 of land 4.00 feet in width, the southerly line of which is described as commencing at the most northwesterly comer of said Lot 1; thence South 00 degrees 19 minutes 24 seconds East, on an assumed bearing along a westerly line of said Lot 1, a distance of 293.04 feet, to the intersection of the centerline of said drainage and utility easement; thence North 89 degrees 51 minutes 35 seconds East, along said centerline, a distance NORTH of 50.38 feet; thence North 00 degrees 08 minutes 25 seconds West, perpendicular to said centerline, a 5 distance of 6.00 feet to the point of beginning; thence North 89 degrees 51 minutes 35 seconds East, cl parallel with said centerline, a distance of 38.00 feet, and said line there terminating. v 0 s v • 0 100 I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Cmo= Lad Surveyor under the laws of the State of Minnesota. • SCALE IN FEET p D ( 4)44 — tN -- --.. 2 -24 -12 NOTE: ' Henry D. Ne son, MN License No. 17255 Date • Encroachment Area = 152 sq. ft 2 -24 -12 revised per client comments r J DATE • RT �� K Ba Apartments 2 -24 -12 Minnetonka, MN • ( nawnotxreo ) Phone: 952 933 0972 PROD/ • \ / Fax: 9529331153 F IGURE D f �. >k�e.eom 2011-081M 6110 Blue bide Drive • Suite 100 • M....wonk., MN 55343 53 ©2010 RLK INC. Easement Encroachment Ballantrae Apartments Sketch and Description .� ° ` 3800 Ballantrae Road Eagan, MN 55122 Silver Bell Road Northwesterly comer of Lot 1 1 / '-South line of Silver Bell Road o 4 r, N , A S89 °43'45 "E 38.00 rn r - s89°43r45"E 190_26 ' •ointofbeg Wing It N ' r-` ' r - 1 [ / I J L_ 1 d I I i W io • 1 0 " tV I O c) \ I 1 I21 1 v 1 L 1 centerline drainage __ _ _r . — 7... 35 " ` - - - - J ■ _ . 4 L_. and uitil'dy easement �_ ~ 89 ° 51 E 249.55 I — I 1 r J i 1 I r J ' L 4 l f 1 J - - - - i I -'i / - 1 I ■ ∎ � f f i // 1 I 1 I 1 PROPOSED EASEMENT ENCROACHMENT "E" DESCRIPTION o That part of the drainage and utility easement over Lot 1, Block 1, BALLANTRAE 2ND ADDITION according to said plat on file and of record in the office of the County Recorder, Dakota County, Minnesota being a strip ❑ of land 4.00 feet in width, the northerly line of which is described as commencing at the northwesterly corner, E on the south line of Silver Bell Road, of said Lot 1; thence South 00 degrees 19 minutes 24 seconds East on an assumed bearing along a westerly line of said Lot 1, a distance of 293.04 feet to the intersection of the centerline of said drainage and utility easement; thence North 89 degrees 51 minutes 35 seconds East, along NORTH said centerline, a distance of 249.55 feet; thence North 01 degrees 47 minutes 20 seconds East, along said centerline, a distance of 171.57 feet; thence South 89 degrees 43 minutes 45 seconds East, along said oN centerline, a distance of 190.26 feet; thence South 00 degrees 16 minutes 15 seconds West, perpendicular to v said centerline, a distance of 6.00 feet to the point of beginning; thence South 89 degrees 43 minutes 45 seconds East, parallel with said centerline, a distance of 38.00 feet, and said line there terminating. 5 a. v • 0 100 I hereby certify that this survey, plan or report was prepared by — � me or under my direct supervision and that I am a duly Registered SCALE IN FEET Land Surveyor under the laws of the State of Minnesota. o NOTE: ' , ' 1) 2 -24 -12 Encroachment Area = 152 sq. ft Henry 0 • !son, MN License No. 17255 Date 3 2 -24 -12 revised per client comments 1 J 1 ^ DATE RLK Ballantrae Apartments 2 -24 -12 Minnetonka, nOV f ( n` ' . i ) Phone: 952 933 0972 Fax: 952 933 331153 FIGURE E p x 9 tom 201 11 1 —081 M ► 1 ✓ • 6110 Blue Code Drive • Suit Mi 100 • namonio., AIN 55343 5 4 © 2010 RUC INC. Easement Encroachment Ballantrae Apartments Sketch and Description „k° 3800 Ballantrae Road Eagan, MN 55122 ( /���� 1 1 I I I N9P °00'DO "V■ 26.52 \, 1 1 1 I I 1 I 1 v' , 1 /�,, 1 L (..-7-:---....-."---,.. i . _ jj.( "nil 9.00 I i_ 9 5 . L ---1,p— 5'59 "W �` \ — 1 r -- �� I ,I, 10' I I Ircgl o \\ \ -1- — centerline \ \ r —L_ _ —_ it ment___ \ \ 1 T1_1 — _ \ L...., 1 �_ 'Li L L__� — i I ciii 1 A 1 r, II . Q I o � a, w p NORTH I ,: 0 T i — ` ` lR — E H \_Q _ 0 100 I — �— ♦ ... SCALE IN FEET w 7 _I—i r T Iii I I v I Southeast comer of lot 1 f I i f J GOLD TRAIL O gn PROPOSED EASEMENT ENCROACHMENT "F" DESCRIPTION o That part of the drainage and utility easement over Lot 1, Block 1, BALLANTRAE 2ND ADDITION according to said plat on file and of record in the office of the County Recorder, Dakota County, Minnesota being o strip of land 20.00 feet in width, the centerline of which is described as commencing at the southeast corner of said Lot 1; thence North 04 degrees 10 minutes 36 seconds East on an assumed bearing along an east line - of said Lot 1, a distance of 488.01 feet to the intersection of the centerline of said drainage and utility easement thence South 89 degrees 35 minutes 59 seconds West, along said centerline, a distance of 85.10 feet to another centerline; thence North 00 degrees 00 minutes 00 seconds East, along said centerline, a '..3 distance of 20.93 feet; thence South 90 degrees 00 minutes 00 seconds West, along said centerline, a distance of 26.52 feet to another centerline and to the point of beginning; thence continuing South 90 degrees 00 minutes 00 seconds West a distance of 9.00 feet, and said line there terminating. z ✓ 1 hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered S Land Surveyor under the laws of the State of Minnesota. • NOTE: Encroachment Area = 180 sq. ft I) , '22.a4_ 2 - 24 - 12 Henry D .Ison, MN License No. 17255 Date 2 -24 -12 revised per client comments V v ^ DATE , RT K Ballantrae Apartments 2_24_12 Minnetonka, MN i ( D4 lPO1KIED ) Phone: 952 933 0972 PROD/ Fax: 952 9a-Ak 3 in 3 1153 tom FIGURE F 2011 —08M x: 1 • 6110 Blue Curie DV/VC • Suite 100 • Minnetonka, MN 55343 v 53 Agenda Information Memo April 3, 2012 Eagan City Council Meeting K. CONTRACT 12 -01, CITYWIDE STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the bids for Contract 12 -01 (Citywide Street Improvements) and award the contract to Bituminous Roadways, Inc. in the base bid amount of $1,892,166.95 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The street improvements of: o Johnny Cake Ridge Road (Cliff Rd. to Apple Valley border, City Project 1047) o Wescott Road/ Glacier Drive (Project 1073) o Whispering Woods 4 & 5 Slater Road (Project 1076) o Northview Park Road/ Braddock Trail/ Elrene Road (City Project 1077) o Johnny Cake Ridge Road (Diffley Rd. to Teal Cove, Project 1078) o Denmark Avenue/ Clubview Drive (Project 1079) o Rahn Road (Project 1080) are programmed for 2012 in the City's 5 -Year Capital Improvement Program (2012- 2016). • On December 20, 2011, the City Council authorized the street improvements for Projects 1047, 1078, 1079 & 1080. • On January 3, 2012, the City Council authorized the street improvements for Project 1076. • On January 17, 2012, the City Council authorized the street improvements for Projects 1073. • On February 8, 2012, the City Council authorized the street improvements for Project 1077. • These projects have been combined under one contract (Citywide Street Improvements - Contract 12 -01), to increase economies of scale. On February 21, 2012, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 12 -01. • 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 March 26, technical performance proposals from each bidder were received for this project. At 10:30 a.m. on March 29, formal bids from each bidder were received for this project. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The base bid and past performance of Bituminous Roadways, Inc. have been reviewed by the Engineering Division and found to provide the best value, and the base bid from Bituminous Roadways, Inc. is in order for favorable Council action. ATTACHMENTS: • Bid Summary Tabulation, page 5 r . 540 BID SUMMARY CITYWIDE STREET OVERLAYS CITY CONTRACT 12 -01 JOHNNY CAKE RIDGE ROAD — WESCOTT ROAD /GLACIER DRIVE CLIFF RD TO APPLE VALLEY PROJECT NO 1073 PROJECT NO. 1047 Overlay Overlay SLATER ROAD /WHISPERING NORTHVIEW PARK ROAD/ WOODS 4 & 5 BRADDOCK TRAIL /ELRENE RD PROJECT NO. 1076 PROJECT NO 1077 Overlay Overlay JOHNNY CAKE RIDGE ROAD — DENMARK AVE & CLUBVIEW DR DIFFLEY RD TO TEAL COVE PROJECT NO 1079 PROJECT NO. 1078 Overlay Overlay RAHN ROAD PROJECT NO. 1080 Overlay Bid Date/ Time: 10:30 a.m., Thursday, March 29, 2012 Contractors Total Base Bid Technical Score Adjusted Score* 1. Bituminous Roadways, Inc. $ 1,892,166.95 8.96 211,179 2. McNamara, Inc. $ 1,860,495.75 8.68 214,343 3. Hardrives, Inc. $ 1,984,135.04 8.46 234,531 4. Midwest Asphalt Corp. $ 2,148,161.00 8.33 257,882 *Best -value contracting: Adjusted Score = Total Base Bid /Technical Score Low Adjusted Feasibility % Over /Under % Project Score Report FR Estimate Engineer's Over /Under Base Bid Estimate Estimate Eng Estimate 1047 $ 260,786 $ 332,200 -21.5% $ 267,400 -2.5% 1073 $ 222,586 $ 242,500 -8.2% $ 212,900 4.6% 1076 $ 154,335 $ 170,200 -9.3% $166,200 -7.1% 1077 $ 656,516 $ 846,000 -22.4% $ 716,600 -8.4% 1078 $ 200,067 $ 206,200 -3.0% $ 204,300 -2.1% 1079 $ 101,272 $ 124,600 -18.7% $ 111,900 -9.5% 1080 $ 296,605 $ 352,800 -15.9% $ 296,600 0.0% Totals $ 1,892,167 $2,274,500 -16.8% $1,975,900 -4.24% Ti Agenda Information Memo April 3, 2012 Eagan City Council Meeting L. SET PUBLIC HEARING DATE FOR MAY 1, 2012 TO CERTIFY DELINQUENT UTILITY BILLS ACTION TO BE CONSIDERED: To set a public hearing for May 1, 2012 to consider the final assessment of the delinquent utility bills and certify them to Dakota County for collection with property taxes. FACTS: ➢ On a semi - annual basis, the City reviews and considers delinquent utility balances for certification to property tax statements for collection. ATTACHMENTS (0): ‘5?D Agenda Information Memo April 3, 2012, Eagan City Council Meeting M. SET PUBLIC HEARING DATE FOR MAY 1, 2012 TO CERTIFY DELINQUENT FALSE ALARM BILLS ACTION TO BE CONSIDERED: To set a public hearing for May 1, 2012 to consider the final assessment of the delinquent false alarm bills and certify them to Dakota County for collection with property taxes. FACTS: ➢ On a semi - annual basis, the City reviews and considers delinquent false alarm balances for certification to property tax statements for collection. ➢ The City currently has 8 delinquent accounts in the amount of $1,100.00. Additional information will be provided at the time of the public hearing. ATTACHMENTS (0): 59 Agenda Information Memo April 3, 2012 Eagan City Council Meeting N. SET PUBLIC HEARING DATE FOR MAY 1, 2012 TO CERTIFY DELINQUENT NOXIOUS WEEDS, MOWING, REFUSE REMOVAL, AND BOARD -UP BILLS ACTION TO BE CONSIDERED: To set a public hearing for May 1, 2012 to consider the final assessment of the delinquent noxious weeds, mowing, refuse removal, and board -up bills and certify them to Dakota County for collection with property taxes. FACTS: ➢ On a semi - annual basis, the City reviews and considers delinquent noxious weeds, mowing, refuse removal, and board -up balances for certification to property tax statements for collection. ➢ The City currently has 9 delinquent invoices in the amount of $2,023.06. Additional information will be provided at the time of the public hearing. ATTACHMENTS (0): &46 Agenda Information Memo April 3, 2012, Eagan City Council Meeting O. APPROVE TEMPORARY ON -SALE LIQUOR LICENSE AND WAIVE THE LICENSE FEE FOR TRINITY SCHOOL AT RIVER RIDGE'S SPRING BENEFIT DINNER ON APRIL 28, 2012. ACTION TO BE CONSIDERED: To approve the temporary on -sale liquor license and waive the license fee for Trinity School at River Ridge's Spring Benefit Dinner on April 28, 2012. FACTS: ➢ Trinity School at River Ridge has requested a temporary on -sale liquor license be issued to them for a Spring Benefit Dinner planned for April 28, 2012. The event will be held inside the school building, located at 601 River Ridge Parkway. The event is a fundraiser for the school. ➢ Trinity School at River Ridge has requested that the $150.00 license fee be waived. ➢ The application form has been submitted and deemed in order by staff. Following Council approval, the application will be forwarded to the Department of Public Safety /Liquor Control Division for final approval. ATTACHMENTS (1): ➢ Letter enclosed on pages (02 to La. (The complete application is available from the Office of the City Clerk.) (0J TRINITY SCHOOL at River Ridge VERUM • BONUM • PULCHRUM Wednesday, March 14, 2012 Ms. Christina Scipioni City Clerk, City of Eagan 3830 Pilot Knob Road Eagan, MN 55121 Dear Ms. Scipioni: Trinity School at River Ridge is applying for a Temporary On -Sale Liquor License for our Spring Benefit Dinner on April 28 2012. This document serves to provide the City of Eagan the necessary information about our event so that the City Council will approve our license at the next City Council Meeting. Thank you for working with us to help us secure the license. 1. The Minnesota Department of Public Safety Application and Permit for Temporary On -sale Liquor License was completed and is included with this letter. An additional copy can be provided. 2. I will be faxing The Certificate of Liability Insurance from the Gibson Insurance Company. Our insurance meets or exceeds your requirements. An additional copy can be sent if needed. 3. The Spring Benefit Dinner will be held at Trinity School at River Ridge, 601 River Ridge Parkway, Eagan, Minnesota, 55121. The event will be held indoors within the school premises, and entrance into the Spring Benefit Dinner will be through our east door, the "Event Entrance." 4. a. We have hired two security personnel for the event who will enforce alcohol beverage sale and consumption laws, crowd control and public safety. b. The beverage servers will require that any person desiring to purchase or be served liquor must show a valid photograph identification which will be checked to insure the person is 21 or older. Then the age of the person is verified, he /she will be issued a wristband which he /she will wear throughout the Spring Benefit Dinner. No alcohol will be served to a guest who does not have a wristband. 5. No one selling alcohol shall be intoxicated or consume alcoholic beverages during their work shift. (2- 6. Trinity school will post signs at the entrance notifying the public that sales to and consumption to alcoholic beverages by persons under the age of 21 or to persons intoxicated is prohibited. 7. The alcoholic beverages will be available for sale or consumption from 6 -9 p.m. on Saturday, April 28, 2012. 8. Trinity School will designate an on -site manager in compliance with the City of Eagan's requirement. Trinity School at River Ridge requests that the City Council of Eagan wave the $150 fee since, as a non - profit school organization. This is a fundraising event. If you have any additional questions, please contact me at the phone number below. Other Trinity School employees involved in the planning of the Spring Benefit Dinner include Peg Louiselle and Steve Hendrickson. Sincerely, Jennifer Theis Administrative Assistant Trinity School River Ridge Parkway Eagan, MN 55121 jtheis @trinityschools.org www.tsrr.org 651- 789 -2890, ext. 222 Fax: 651-789-2891 Cell: 651- 329 -3866 (f).3 Agenda Information Memo April 3, 2012, Eagan City Council Meeting P. APPROVE TEMPORARY ON -SALE LIQUOR LICENSE FOR PEOPLE OF PRAISE MN, INC.'S COMMUNITY SOCIAL ON JUNE 23, 2012 ACTION TO BE CONSIDERED: To approve the temporary on -sale liquor license fee for People of Praise MN, Inc.'s Community Social on June 23, 2012. FACTS: ➢ People of Praise MN, Inc. has requested a temporary on -sale liquor license be issued to them for a Community Social planned for June 23, 2012. The event will be held inside the school building, located at 601 River Ridge Parkway. ➢ The application form has been submitted and deemed in order by staff. Following Council approval, the application will be forwarded to the Department of Public Safety/Liquor Control Division for final approval. ATTACHMENTS (0): (The complete application is available from the Office of the City Clerk.) (.94 Consent Agenda Information Memo April 3, 2012 Eagan City Council Meeting Q. LOCKHEED MARTIN ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) — CITY OF EAGAN ACTION TO BE CONSIDERED: To adopt a Resolution stating the City's findings for a Negative Declaration on the need for a Lockheed Martin Environmental Impact Statement (EIS) for the former golf course located at 3333 Pilot Knob Road. FACTS: > The proposed use of the 47 acre Lockheed Martin site for up to 508,000 SF of retail triggers the need for a mandatory EAW. > At their regular meeting of October 18, 2011, the City Council authorized the preparation of the EAW for the 47 acre site. The City's consultant SRF prepared a draft EAW. > The Environmental Quality Board (EQB) published the EAW Availability Notice in the EQB Monitor on February 6, 2012 initiating the 30 day Comment Period. The EAW Comment Period closed on March 7, 2012. > Comments were received from Dakota County, the DNR, Met Council, MnDOT and the MPCA. > The Findings of Fact state and respond to the four factors to be considered under Minnesota rules to determine the adequacy of an EAW /need for an EIS. Based on all available information, City staff and the City's consultant, SRF, believe an EIS is not warranted. > The full Findings of Fact and all appendices are on file with the City of Eagan Community Development Department. ISSUES: None ATTACHMENTS: (2) Resolution of Support for Passage of Central Park Commons Project Findings of Fact and Conclusion on pages 6 t through C 7 . Findings of Fact (including a Summary of Comments and Responses), regarding the need for an EIS enclosed without page number. 65 RESOLUTION CITY OF EAGAN RESOLUTION OF SUPPORT FOR PASSAGE OF CENTRAL PARK COMMONS REDEVELOPMENT FINDINGS OF FACT AND CONCLUSIONS Whereas, the Central Park Commons Project ( "the Project ") will redevelop the former Lockheed Martin research and development site located at 3333 Pilot Knob Road into a development of either mixed office and commercial uses (Scenario A) or all commercial space (Scenario B); Whereas, the Project required a mandatory Environmental Assessment Worksheet (EAW) under EQB rule 4410; Whereas, the proposed action was described and analyzed in an EAW that was circulated to the Environmental Quality Board (EQB) distribution list via a "Notice of Availability" in the EQB Monitor on February 6, 2012, for a public comment period ending March 7, 2012; Whereas, as the Responsible Governmental Unit for this project, the City of Eagan has undertaken a thorough analysis of the project and its impacts, based on EQB rule 4410.1700, Subp. 7, Criteria: A) type, extent, and reversibility of environmental effects; B) cumulative potential effects of related or anticipated future projects; C) the extent to which the environmental effects are subject to mitigation by ongoing public regulatory authority; and D) the extent to which environmental effects can be anticipated and controlled as a result of other available environmental studies undertaken by public agencies or the project proposer. NOW, THEREFORE BE IT RESOLVED THAT, the CITY OF EAGAN finds that, based on the associated Environmental Assessment Worksheet and EQB rules, an Environmental Impact Statement (EIS) is not necessary. Page 1/2 (Pt RESOLUTION CITY OF EAGAN RESOLUTION OF SUPPORT FOR PASSAGE OF CENTRAL PARK COMMONS FINDINGS OF FACT AND CONCLUSIONS ADOPTED by the City Council of the City of Eagan this 3rd day of April, 2012. CITY OF EAGAN CITY COUNCIL By: Its: Mayor Attest: Its: City Clerk Motion by: Seconded by: Those in Favor: Those Against: Date: April 3, 2012 CERTIFICATION I, Christina Scipioni, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this Third day of April, 2012. Christina Scipioni, City Clerk Page 2/2 (01 Agenda Information Memo Eagan City Council Meeting Consent Agenda April 3, 2012 R. APPROVE REALLOCATION AND REFUNDING OF 2008 COMMUNITY DEVELOPMENT BLOCK GRANT BALANCE ACTION TO BE CONSIDERED: To authorize an amendment of the City's 2008 Community Development Block Grant budget to fund a portion of the Northwoods Workforce Rental Project property acquisition with refunding of the City's CDBG fund upon the resale of the project. FACTS: ➢ In 2008 and a number of years preceding that, the City budgeted a portion of its Community Development Block Grant allocation to the costs of acquisition and clearance of property in the Cedar Grove Redevelopment District. As that activity began to be completed and other funding sources became available for those purposes, including the Dakota County Community Development Agency's Redevelopment Investment Grant program, the CDBG expenditures for those purposes did not occur. ➢ The CDA and the participating cities are obligated by the Department of Housing and Urban Development to monitor the timeliness of expenditures for CDBG funds and to address prior year balances on an ongoing basis. As part of the City's CDBG application process in 2011, CDBG fund balances in prior years were reallocated to support the use of the County's home improvement loan program for eligible homeowners in Eagan. The City postponed reallocating the 2008 balance at that time, with the intention of considering other options this year. ➢ Staff has been in conversation with CDA staff regarding the reallocation of the 2008 funds and it has been determined that an appropriate eligible expense in the current year would be to fund a portion of the purchase cost for the land that is being acquired by the CDA for the Northwood Workforce Rental project that will begin construction this year. When that project is completed and resold to the partnership the CDA coordinates for such projects, the funds will be repaid to the City's CDBG fund for reuse for future eligible projects. ATTACHMENTS: ➢ CDA letter on pages VI through . 7 0 1 oV C DA Dakota County Community Development Agency RECEIVED March 21. 2012 MAR Z 3 201) Mayor Mike Maguire City of Eagan 3830 Pilot Knob Rd Eagan, MN 55122 RE: Request to Spend Eagan CDBG Funds For CDA Northwood Housing Development Dear Mayor Maguire: Dakota County has received annual funding through the federal Community Development Block Grant (CDBG) Program since 1984 to develop viable urban communities by providing decent housing, suitable living environment, and expanding economic opportunities. The CDA administers the CDBG Program on behalf of Dakota County, allocating funding directly to 12 cities in Dakota County based upon a distribution formula. The cities are categorized as sub - recipients. CDBG grantees are required to meet the annual timeliness of expenditures test. Timeliness refers to how quickly the grantee (Dakota County) and sub - recipients are able to commit and expend CDBG funds. The entitlement program rule for timeliness is the grantee cannot have more than 1.5 times their annual allocation unexpended. For example, if Dakota County was to receive $2 million on July 1 for the new program year, we could have no more than $3 million cumulative from all program years unexpended on May 1. May 1 is the Dakota County timeliness test date. The timeliness test becomes increasingly more difficult to achieve when older CDBG funds are unspent. CDA staff has worked very closely with the CDBG sub - recipients during the last two years to prioritize spending older money as quickly as possible. However, we are dangerously close to not meeting the timeliness of expenditures test this year. To ensure the CDA and CDBG subrecipients meet the 1.5 timeliness test by May 1, the CDA and Eagan staff recommend reallocating $158,246.74 of 2008 Eagan CDBG funds to the acquisition of land for the CDA Northwood affordable family townhome development, located at 3255 Northwood Circle. The remaining 2008 Eagan CDBG funds are currently not designated to an activity. The acquisition of land for low /moderate income housing is an eligible CDBG expense. Upon the sale of the property from the CDA to the limited partnership, a portion of the CDBG funds will be returned as program income. The repayment portion is based upon the percentage of the CDBG funds allocated to the property compared to the total cost to 1 1228 Town Centre Drive • Eagan, ivIN 55123 -1 066 tel 651- 675 -4400 • fax 651- 675 -4444 acquire the property. If the City of Eagan approves the allocation of CDBG funds for Northwood, a total of $228,247 in CDBG funds will be dedicated to the acquisition of Northwood`. This is approximately 14% of the total acquisition cost, which equates to approximately $139,000 of a CDBG repayment. The repayment would then be considered CDBG program income that can be used on any CDBG eligible activity. The CDA is willing to forgo the repayment portion we would receive under the repayment portion (based upon the $70,000 of countywide CDBG) and give 100% of the CDBG repayment proceeds to the City of Eagan. In addition, the CDA will reallocate $19,246 of countywide residential rehabilitation home improvement funds directly to the City of Eagan. Therefore, the City of Eagan would receive the entire $158,247 that had been reallocated to the Northwood property. Thank you for the consideration of utilizing Eagan CDBG funds to support the acquisition of the Northwood property. This action will be the reason Dakota County and the sub - recipients achieve the timeliness of expenditures on May 1. The Dakota County Board will consider approval of this reallocation of CDBG funds at the April 24 Board meeting at 9am in Hastings. If you and the Council have any questions or concerns or do not favor this action, please contact me. Thank you again for the consideration. Sincerely, ( 41: / Andrea Brennan Director of Community & Economic Development cc: Eagan City Council Members Tom Hedges, Eagan City Administrator Jon Hohenstein, Community Development Director Mark Ulfers, CDA Executive Director 'In 2010, the CDA used approximately $70,000 to assist in acquiring Northwood. 2 `1J Agenda Information Memo April 3, 2012, Eagan City Council Meeting S. APPROVE RESOLUTION TO MODIFY THE 2012 REDISTRICTING PLAN ACTION TO BE CONSIDERED: To approve a Resolution to modify the 2012 Redistricting Plan. FACTS: ➢ On March 20, the City Council approved a resolution establishing new precinct boundaries and polling locations, and reestablishing existing precinct boundaries and polling locations. ➢ Before the March 20 approval, the City Clerk reviewed Eagan's redistricting plan with the Secretary of State's Office and Dakota County. Both agencies advised that the plan complied with all requirements of State Law. ➢ After the March 20 approval, the City Clerk discovered that a Minnesota Administrative Rule (not State Statute) requires the "A -B" naming convention for all precincts with boundaries not on visible physical features. ➢ Based on how the State drew the legislative boundary between Minnesota House Districts 51A and 51B, the boundary does not follow a visible physical feature in the area north of Cliff Road and south of Shale Lane in southwest Eagan. ➢ When the City Clerk learned of the requirement in the Administrative Rule, she again asked the Secretary of State's Office to review the City's redistricting plan for compliance. The Secretary of State's Office apologized and acknowledged their error in not recognizing the administrative rule, and as a result, determined that the precincts on either side of the boundary line in question must use the A -B naming convention. ➢ To be in compliance with State requirements, the City must rename precincts 9 and 10 to 9A and 9B. Precincts 11 through 18 will then be renumbered 10 through 17. By law, the City must use the legislative boundary established by the State for its precinct boundaries, which means A -B precinct names are required. ➢ The proposed resolution does not alter any of the precinct boundaries or polling places approved by the Council on March 20. ➢ Please contact the City Administrator with any questions. ATTACHMENTS (1): A copy of the proposed resolution with an updated redistricting map is enclosed on pages through . `t1 CITY OF EAGAN RESOLUTION NO. RESOLUTION MODIFYING THE 2012 REDISTRICTING PLAN WHEREAS, the legislature of the State of Minnesota has been redistricted; and WHEREAS, the City Council of the City of Eagan established and reestablished its precincts and polling locations by resolution on March 20, 2012; and WHEREAS, changes were necessary to the names of the established precincts; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eagan, County of Dakota, State of Minnesota hereby reestablishes the boundaries of the voting precincts and polling places with new precinct names as follows: Precinct 1 (Pilot Knob Elementary School, 1436 Lone Oak Road) That part of the City south of the City's northern corporate boundary, east of Highway 13, north of Lone Oak Road, and west of the City's eastern corporate boundary Precinct 2 (Eagan Community Center, 1501 Central Parkway) That part of the City south of Lone Oak Road, east of Highway 13, north of Yankee Doodle Road, and west of Interstate 35E Precinct 3 (Eagan Fire Safety Center, 1001 Station Trail) That part of the City bounded to the north by Lone Oak Road, then following Interstate 35E south to Yankee Doodle Road east to Elrene Road south to Dodd Road north to the City's eastern corporate boundary north to Lone Oak Road Precinct 4 (Cedar School, 2140 Diffley Road) That part of the City bounded to the north by the City's northern corporate boundary, then following the City's western corporate boundary south to Diffley Road east to Blackhawk Road north to Carnelian Lane west to Rahn Road north to Cedar Grove Boulevard northeast to Silver Bell Road northwest to Highway 13 north to the City's northern corporate boundary Precinct 5A (Oak Hills Church, 1570 Yankee Doodle Road) That part of the City bounded to the north by Yankee Doodle Road, then following Highway 13 south to Silver Bell Road east to Blackhawk Road south to Riverton Avenue east then continuing east following the boundary between ISD 197 and ISD 196 to Interstate 35E north to Yankee Doodle Road Precinct 5B (Mount Calvary Lutheran Church, 3930 Rahn Road) That part of the City bounded to the east by Interstate 35E, then following the boundary between ISD 197 and ISD 196 west to Riverton Avenue west to Blackhawk Road north to Silver Bell Road west to Cedar Grove Boulevard southwest to Rahn Road south to Carnelian Road east to Blackhawk Road north to Deerwood Drive east to Interstate 35E 7Z Precinct 6A (Eagan Civic Arena, 3870 Pilot Knob Road) That part of the City bounded to the north by Yankee Doodle Road, then following Interstate 35E south to the boundary between ISD 197 and ISD 196 east to Wescott Road east to Lexington Avenue north to Yankee Doodle Road Precinct 6B (Deerwood Elementary School, 1480 Deerwood Drive) That part of the City bounded to the north by Wescott Road and the boundary between ISD 197 and ISD 196, then following Interstate 35E south to Diffley Road east to Lexington Avenue north to Wescott Road Precinct 7 (Woodland Elementary School, 945 Wescott Road) That part of the City bounded to the north by Yankee Doodle Road, to the west by Lexington Avenue, to the south by Wescott Road and to the east by Elrene Road Precinct 8 (Northview Elementary School, 965 Diffley Road) That part of the City bounded to the north by Wescott Road, then following Lexington Avenue south to Diffley Road east to Dodd Road northeast to Elrene Road northwest to Wescott Road Precinct 9A (Metcalf Junior High School, 2250 Diffley Road) That part of the City bounded to the north by Diffley Road, then following the City's western corporate boundary south to the City's southern corporate boundary east to Interstate 35E north to Highway 77 north to Cliff Road east to the boundary between Minnesota House Districts 51A and 51B north to the paved Highline Trail east to Sandstone Drive north to Shale lane east to Blackhawk Road north to Diffley Road Precinct 9B (Rahn Elementary School, 4424 Sandstone Drive) That part of the City bounded to the north by Shale Lane, then following Sandstone Drive south to the Highline Trail west to the boundary between Minnesota House Districts 51A and 51B south to Cliff Road west to Highway 77 south to Interstate 35E south to the City's southern corporate boundary east to Galaxie Avenue north to Blackhawk Road north to Cliff Lake Drive west to Rahn Road north to Shale Lane Precinct 10 (Christ Lutheran Church, 1930 Diffley Road) That part of the City bounded to the north by Deerwood Drive, then following Blackhawk Road south to Diffley Road west to Rahn Road south to Cliff Lake Drive east to Blackhawk Road south to Interstate 35E north to Deerwood Drive Precinct 11 (Thomas Lake Elementary, 4350 Thomas Lake Road) That part of the City bounded to the north by Diffley Road, then following Interstate 35E south to Blackhawk Road south to Beecher Drive east to Walnut Lane north, east and south to Hickory Hill east to Johnny Cake Ridge Road north to Mallard Drive east to Thomas Lake Road north to Diffley Road 113 Precinct 12 (Oak Ridge Elementary School, 4350 Johnny Cake Ridge Road) That part of the City bounded to the north by Mallard Drive, then following Johnny Cake Ridge Road south to Hickory Hill west to Walnut Lane north, west, and south to Beecher Drive west to Blackhawk Road south to Galaxie Avenue south to the City's southern corporate boundary east to Johnny Cake Ridge Road north to Cliff Road east to Thomas Lake Road north to Mallard Drive Precinct 13 (Easter Lutheran Church, 4200 Pilot Knob Road) That part of the City bounded to the north by Diffley Road, to the west by Thomas Lake Road, to the south by Cliff Road and to the east by Lexington Road Precinct 14 (Chapel Hill Baptist Church, 4888 Pilot Knob Road) That part of the City bounded to the north by Cliff Road, to the west by Johnny Cake Ridge Road, to the south by the City's southern corporate boundary and to the east by Pilot Knob Road Precinct 15 (Pinewood Elementary School, 4300 Dodd Road) That part of the City bounded to the north by Diffley Road, to the west by Lexington Avenue, to the south by Wilderness Run Road and to the east by Dodd Road Precinct 16 (Red Pine Elementary School, 530 Red Pine Lane) That part of the City bounded to the north by Wilderness Run Road, then following Lexington Avenue south to Cliff Road west to Pilot Knob Road south to the City's southern corporate boundary east to the City's eastern corporate boundary north to Cliff Road west to Dodd Road north to Wilderness Run Road Precinct 17 (St. Thomas Becket Catholic Church, 4455 South Robert Trail) That part of the City bounded to the north and west by Dodd Road, to the south by Cliff Road and to the east by the City's eastern corporate boundary Attached to this resolution, for illustrative purposes, is a map showing said precincts and the location of each polling place. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its City Clerk 1 4 Motion made by: Seconded by: Those in favor: Those against: Dated: April 3, 2012 Certification I, Christina M. Scipioni, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 3 1-a day of April, 2012. Christina M. Scipioni City Clerk '15 *City of Bain 2012 Precinct and Polling Locations Legend = Precinct Boundary • Polling Location Legislative District 2012 s " mr� 51A m ow_ ifit 51B 526 0 0.5 1 ili , Ila m q Miles L alM1 1 z_ yr (1) A We or ( -------7-12 . 1 .. . Ioi,it---no N 2 0 IL WI "wig 41 61. I !TII I1 11111 Yankee DoOdle Rd 1111� 5A `• ' l�� EL � - y 0. ' 4 . t _r, ,■ co 7 Silver Bell Rd we d 7 61.11 1 I ��� Wire �`" , • ' SB tlllr , 0 Tr/ , , - gi ll'ilil i pi , -. r 111 • litows .: ig 7 , -- -A rr- y i, , 523 d r o ml . lir r ti 4 � D' . _Rd ; I 8 D..., . Rd rimilv- 9A � it iv i rifille ..m. 1 �� Y � � • �� � � Ir:� � � i T % _ 12 i' ' - 9 B j it �= J . '� 17 cr: tiff Rd l `a ` � Err .4 0 I F 11iii IN - - P16 ' ri y, 1 .0 1 to A siy, _..„ odi /� ,/ � ��, 14 16 _, p 4 pk. ` 4 6 ii Proposed Polling Locations J Precinct Polling Location Polling Address Precinct Polling Location Polling Address 1 Pitt Knob Elementary School 1436 Lone Oak Road 9A Metcalf Junior High School 2250 Diffley Road 2 Eagan Community Center 1501 Central Parkway 9B Rahn Elementary School 4424 Sandstone Drive 3 Fire Safety Center 1001 Station Trail 10 Christ Lutheran Church 1930 Diffley Road 4 Cedar School 2140 Diffley Road 11 Thomas Lake Elementary 4350 Thomas Lake Road 5A Oak Hills Church 1570 Yankee Doodle Road 12 Oak Ridge Elementary School 4350 Johhny Cake Ridge Road 5B Mt Calvary Lutheran Church 3930 Rahn Road 13 Easter Lutheran Church 4200 Pilot Knob Road 6A Eagan Civic Arena 3870 Pilot Knob Road 14 Chapel Hill Church 4888 Pilot Knob Road 6B Deerwood Elementary School 1480 Deerwood Drive 15 Pinewood Elementary School 4300 Dodd Road 7 Woodland Elementary School 945 Wescott Road 16 Red Pine Elementary School 530 Red Pine Lane 8 Norfhview Elementary School 965 Diffley Road },/ 4 17 St. Thomas Becket Church 4455 South Robert Trail Agenda Information Memo April 3, 2012, Eagan City Council Meeting T. APPROVE EXEMPT PERMIT FOR EAGAN ATHLETIC ASSOCIATION TO HOLD A RAFFLE ON MAY 13, 2012 ACTION TO BE CONSIDERED: Adopt Resolution approving Exempt Permit for the Eagan Athletic Association to conduct a raffle on May 13, 2012 at the Lexington/Diffley Athletic Fields, 4201 Lexington Avenue. FACTS: ➢ The Eagan Athletic Association has applied for an Exempt Permit with the Gambling Control Board to hold a raffle as listed above. ➢ All requirements of the application have been met and staff deems it in order for approval. ATTACHMENTS (1): A copy of the proposed resolution is attached on page 1E3. (The application is available from the Office of the City Clerk.) • 77 RESOLUTION CITY OF EAGAN APPLICATION FOR EXEMPT PERMIT EAGAN ATHLETIC ASSOCIATION WHERAS, the Eagan Athletic Association has applied for an Exempt Permit to conduct a raffle on May 13, 2012; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approved the Exempt Permit for the Eagan Athletic Association to conduct a raffle on May 13, 2012 at 4201 Lexington Avenue. CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk Motion by: Seconded by: Those in favor: Those against: Date: April 3, 2012 CERTIFICATION I, Christina M. Scipioni, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 3rd day of April, 2012. City Clerk 1/3 Agenda Information Memo April 3, 2012 Eagan City Council Meeting PUBLIC HEARINGS A. PROJECT 1054 & CONTRACT 11 -05, ULTRA HIGH PRESSURE ZONE — WATER SYSTEM IMPROVEMENTS ACTION TO BE CONSIDERED: 1) Approve Project 1054 (Ultra High Pressure Zone Improvements); and, 2) Approve the plans, specifications and ad for bids for Contract 11 -05 with a bid opening scheduled for 10:30 a.m. on Friday, May 4, 2012. FACTS: • The City's water distribution system has been divided into 3 main pressure zones (Low, Intermediate and High) to meet the Department of Health and Ten State Standards. The operating pressures in these 3 zones are maintained through a combination of elevated reservoirs, municipal booster stations and pressure reducing stations. However, there are small pockets of development at the highest elevations in the High Pressure Zone whose pressures are near the lower limits of these Standards. These locations are in the Safari Estates, Fairway Hills and Parkcliff neighborhoods. • Certain properties within these neighborhoods had to have an additional in -home booster pump installed to provide the added pressure to meet these standards. These in -home booster pumps tend to be unreliable and difficult to maintain. • The City's Comprehensive Water Supply and Distribution Plan of 1996 first identified the need to create an Ultra -High Water Pressure Zone in the Fairway Hills/Parkcliff neighborhoods as part of the ultimate Water Distribution system build out. It was reaffirmed in the most recent 2008 Comp Plan update approved by Council on January 20, 2009. This proposed improvement has also been subsequently included in the City's approved 5 Year Capital Improvement Plans since 2006 and was last programmed for 2011. Part of the required future watermain modifications were completed prior to the street rehabilitation improvement for Fairway Hills in 2011. • On February 21, 2012, the City Council directed the preparation of a detailed Feasibility Report to further investigate the scope, benefit, cost, schedule and financing associated with creating this Ultra -High Water Pressure Zone in the water distribution system. On March 6, they received this report and schedule a public hearing for April 3 to formally consider the merits of this proposed improvement. An informational neighborhood meeting was held on March 15 to provide an opportunity for affected property owners to learn more about this project. 5 residents representing 4 properties attended. A copy of the meeting notes is attached. ATTACHMENTS: • Informational meeting notes, ages and 8Z.. • Feasibility Report, pages 65 through 115 . 1q Fairway Hills Neighborhood Ultra High Pressure Zone — Water System Improvements City Project No. 1054 Informational Meeting — 6:30 p.m. Thursday, March 15, 2012 City Hall Council Chambers Attendance Public Works Director Tom Colbert; Utilities Supt. Jon Eaton, Utilities Field Operations Supervisor Charlie Borash, WSB Consulting Engineer Nancy Zeigler; 5 residents representing 4 single- family properties (see attached sign -in sheet). Presentation of Project Details Colbert welcomed the residents and then Eaton and Zeigler presented project information, pressure standards, proposed construction details and schedule. The following questions and comments were then addressed. Questions/ Comments 1. How soon can we get our booster pump removed and how do we go about doing that? The project, if approved, is scheduled to be completed by this fall. Once the new pressure system is up and running, the in -home booster pumps can be removed by the City at the homeowners scheduled convenience. It doesn't work now. Can I get it removed sooner? Yes, with the understanding that you will not have increased pressure until the project is completed. 2. Are there other areas in the City that have in -home booster pumps and are there plans to remove them as well? There are two primary areas in the City's High Pressure Zone (highest elevations) that currently have a concentration of in -home booster pumps. In addition to the Fairway Hills neighborhood, the other area is located along Galaxie Ave near the Safari Reservoir (Figures 1 & 2 were displayed showing the locations of individual properties that the City knows about). However, the Fairway Hills neighborhood is the only location where the water system can be isolated to create a separate Ultra High Zone. 3. How many properties are in the Ultra High Zone? There are currently 144 properties within the Fairway Hills neighborhood (of which approx. 88 (61%) have booster pumps). There are another 45 +/- lots within the Parkcliff neighborhood that will be added along with an unknown number with the potential future development of the Parkview Golf Course. 4. You stated "if' the project is approved. Do you think the project may not be approved? The City Council has scheduled a public hearing for April 3 to formally present the project to the public and receive any comments or objections. They will then evaluate the costs in relation to the benefits and make a decision to either, proceed as proposed, deny the project, or continue for further consideration requesting additional information. Staff cannot pre - commit or anticipate how the Council will perceive the merits of the project. Interested property owners are encouraged to attend the meeting or submit written comments to be shared with the Council. 5. Will another letter be sent out regarding the public hearing? No. Information regarding the date, time and location of the public hearing were contained in the notice for the informational neighborhood meeting. Questions /Comments from Resident's Review of Feasibility Report 1. Project Support — All attendees expressed support for the proposed improvement. 2. Nuisance and unreliability of booster pumps — Other comments were made about the noise of booster pumps and how frequently they turn on and off Some indicated that their booster pump hasn't worked for a while. One property owner stated that they have lived there for a year and a half with very low pressure, but weren't sure if they didn't have a booster pump or it just wasn't working. The meeting adjourned at 7:00 p.m. 8I 41* INFORMATIONAL MEETING Fairway Hills Water Pressure Meeting City of Eagan Project No. 1054 Wednesday, March 15, 2012 6:30 p.m. — Council Chambers NAME ADDRESS Do You Have a Booster Pump? (Y =Yes N =No ? =Not Sure) 1. \. -e_h,Aa av-vs.sv \307 Sk _ NIA- -Q ,, IR \ \5N.. 2. ta,,,, . ICI l 3 6 D,,,, / 30 ¢ AA 1 co • ,. 3. (t-Sr/Y\ 1 3 rS )J) 4. 5. 6. 7. 8. 9. 10. 11 12. 13. i ` ; j d February 29 2012 x Ultra High Zone Booster „,„„ Station and Watermain I mp rovements S � ,.� City of Eagan Prepared for: 3830 Pilot Knob Road • Eagan, MN 55122 a 9 City of EaQau „/- City Project No. 1054 WSB Project No. 1809 -01 WSB 701 Xenia Avenue South, Suite 300 Minneapolis, MN 55416 763.541.4800 &Associates, Inc 4 1444 - k4 85 FEASIBILITY REPORT ULTRA HIGH ZONE BOOSTER STATION AND WATERMAIN IMPROVEMENTS CITY PROJECT NO. 1054 FOR THE CITY OF EAGAN, MINNESOTA February 29, 2012 (draft) March 27, 2012 (Final) Prepared By: WSB & Associates, Inc. 701 Xenia Avenue South, Suite 300 Minneapolis, MN 55416 763 -541 -4800 763 -541 -1700 (Fax) • Feasibility Report Ultra High Zone Booster Station and Water,nain Improvements City Project No. 1054 City of Eagan, MN WSB Project No. 1809 -01 att WSB 3 .4,,ociaie,, Inc Engineering • Planning • Environmental • Construction 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763 -541 -4800 Fax: 763 - 541 -1700 February 29, 2012 Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Feasibility Report Ultra High Zone Booster Station and Watermain Improvements City Project No. 1054 City of Eagan, MN WSB Project No. 1809 -01 Dear Mayor and City Council Members: Transmitted, herein, is the feasibility report that addresses the development of an Ultra High Pressure Zone that includes the rehabilitation of the Cliff Road Booster Station and associated watermain improvements. The report discusses the feasibility of the proposed improvements and includes related costs and proposed project schedule has been provided. We are available, at your convenience, to discuss this report. Please feel free to contact me at 763- 287 -8316 if you have any questions or comments. Sincerely, WSB & Associates, Inc. G417 Nancy D. Zeigler, PE Senior Project Manager Attachment cc: Tom Colbert, Public Works Director, City of Eagan Russ Matthys, City Engineer, City of Eagan John Gorder, Assistant City Engineer, City of Eagan Jon Eaton, Superintendent of Utilities, City of Eagan sm 85 CERTIFICATION I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. t 0, 61 j Nan D. Zeigler, Date: February 29, 2012 Lic. No. 42823 Reviewed By: i u AO 1 'ett� Date ,: 7// Departmen e ' Public Works 0 6 a Date 1:3 "(L Finance De it, rtment Feasibility Report Ultra High Zone Booster Station and Watermain Improvements City Project No. 1054 City of Eagan, MN WSB Project No. 1809 -01 TABLE OF CONTENTS TITLE SHEET LETTER OF TRANSMITTAL CERTIFICATION SHEET TABLE OF CONTENTS 1. EXECUTIVE SUMMARY 1 2. INTRODUCTION 3 2.1 Project Background 3 3. EXISTING CONDITIONS 5 3.1 In -home Booster Pumps 5 3.2 High Zone 5 3.3 Watermain and Pressure 6 3.3.1 Water Distribution System 6 3.3.2 Water Pressure 6 3.4 Cliff Road Booster Station 7 3.4.1 Electrical Systems 7 3.4.2 Mechanical Systems 7 3.4.3 Process Piping and Appurtenances 7 3.4.4 Structural Conditions 8 3.4.5 Architectural Conditions 8 4. DEVELOPING THE ULTRA HIGH ZONE 9 4.1 Desired Pressure 9 4.2 Area Served and PRS Location(s) 9 4.3 Boosted Pressure 10 4.4 Current Water Demand 11 4.5 Future Water Demand 12 4.6 Required Fire Flow 12 5. PROPOSED IMPROVEMENTS 13 5.1 Cliff Road Booster Station 13 5.1.1 Process Piping and Appurtenances 13 5.1.2 Pumps 13 5.1.3 Electrical and Control Systems 13 5.1.4 Mechanical Systems 14 5.1.5 Architectural Items 14 5.1.6 Structural Items 15 5.2 Pressure Reducing Station (PRS) 16 5.3 Watermain Improvements 16 5.4 Plan for the Future 17 5.5 Permits 17 6. FINANCING 18 6.1 Opinion of Probable Cost 18 6.2 Funding Source 18 7. PRELIMINARY SCHEDULE 19 8. FEASIBILITY AND RECOMMENDATION 20 Feasibility Report Ultra High Zone Booster Station and Watermain Improvements City Project No. 1054 City of Eagan, MN l i'SB Project No. 1809 -01 Appendix A Figure 1: In -home Booster Pump Locations (2008 Water Supply & Distribution Plan) Figure 2: In -home Booster Pump Locations (2008 Water Supply & Distribution Plan) Figure 3: Ultra High Zone Project Area Figure 4: Topography and Watermain Figure 5: Existing In -home Booster Pumps Figure 6: Areas Served and PRS Location Figure 7: Preliminary Booster Station Plan Figure 8: Preliminary Booster Station Profile Appendix B Background Information Appendix C Photos of Cliff Road Booster Station Feasibility Report Ultra High Zone Booster Station and Watermain Improvements City Project No. 1054 City of Eagan, MN WSB Project No. 1809 -01 1. EXECUTIVE SUMMARY The City's topography varies a total of 398 feet from its lowest elevation by the Minnesota River (688 ft. above MSL) to its highest elevation (1,086 ft. above MSL) in Lebanon Hills Regional Park on Galaxie Avenue. Elevation is directly related to water pressure. The Minnesota Department of Health refers to the 10 State Standards for recommended water pressures which state that normal working water pressure should ideally be between 60 to 80 pounds per square inch (psi) and not less than 35 psi. The City of Eagan's standard pressure range is 43 to 80 psi. The current pressures experienced in the Fairway Hills neighborhood range from 29 to 66 psi. This proposed project is intended to increase the operating pressures by 15 psi (44 to 81 psi). Subsequently, the City water distribution system has been divided into three main pressure zones (Low, Intermediate, and High) to meet these Standards. The operating pressures in these three zones are maintained through a combination of elevated reservoirs and municipal booster stations (to the High Zone) and /or pressure reducing stations (to the Low Zone). However, there are small pockets of development at the highest elevations in the High Pressure Zone whose pressures are near the lower limits of these Standards. These locations are in the Safari Estates, Fairway Hills, and Parkcliff neighborhoods. Certain properties within these neighborhoods had to have an additional in -home booster pump installed to provide the added pressure to meet these standards. These in -home booster pumps tend to be unreliable for the homeowners and difficult for the City to maintain. In addition, the Minnesota Department of Health has recommended that the City eliminate the use of in -home booster pumps on the distribution system and recommends that adequate water pressure should be controlled through additional elevated storage or municipally owned and controlled booster stations. The creation of the Ultra -High Zone will include renovating and placing the Cliff Road Booster Station back on -line, and installing one pressure reducing station. Water can then be pumped to this area at the desired higher pressure, thereby, eliminating the need for the in -home booster pumps This study investigates the scope, benefit, cost, schedule, and financing associated with creating this Ultra -High Pressure Zone in the water distribution system. Existing conditions are summarized as well as proposed renovations of the Cliff Road Booster Station and addition of pressure reducing station. The Cliff Road Booster Station was built in 1980 and remained in service until 1991 when the South Water Treatment Plant was placed in operation. The majority of equipment inside the booster station has been removed. Recommended improvements for the project include: • New mechanical, electrical, and control systems • New piping, pumps, and appurtenances • A new door and roof • Floor patching • A pressure reducing station in the 8 -inch watermain in Rebecca Lane • Waterinain improvements to connect the Cliff Road Booster Station to Fairway Hills Dr. Feasibility Report Ultra High Zone Booster Station and JVaternmin Improvements City Project No. 1054 City of Eagan, MN JVSB Project No. 1809 -01 Page 1 tf313 The Ultra -High Zone is feasible and can be created with the rehabilitation of the Cliff Road Booster Station and waternain improvements listed above. The recommended initial area includes the Fairway Hills neighborhood, Grace Drive, six homes along Rebecca Lane, church property, and the George Ohmann Park. Future areas that can be added to the Ultra -High Zone include homes in the Parkcliff neighborhood and the Parkview Golf Course area. The preliminary opinion of total project cost is $747,000. The Ultra -High Zone will comply with the MN Department of Health and the 10 State Standards for municipal water supply systems, provide a major residential neighborhood with increased water pressure consistent with the rest of the community, and reduce in -home pump maintenance cost to the City. In addition, the project brings the City closer to full compliance with its Comprehensive Plans. It is recommended that the City proceed with its implementation. Feasibility Report Ultra High Zone Booster Station and Watern,ain Improvements City Project No. 1054 City of Eagan, MN WSB Project No. 1809 -01 Page 2 go 2. INTRODUCTION 2.1 Project Background Every year the Minnesota Department of Health performs a routine inspection of the City's water supply and distribution system and issues an annual report of its findings. The City routinely receives a near perfect rating except for an ongoing concern regarding the City's use of in -home booster pumps at our highest ground elevations as necessary to maintain the minimum required water pressure at each point of use. The reports have repeatedly contained the following statement: The use of home booster pumps on the distribution system should be eliminated. Adequate water pressure should be controlled through additional elevated storage or municipally owned and controlled booster stations. The City's topography varies a total of 398 feet from its lowest elevation by the Minnesota River (688 ft. above MSL) to its highest elevation (1,086 ft. above MSL) in Lebanon Hills Regional Park on Galaxie Avenue. Elevation is directly related to water pressure. The Minnesota Department of Health refers to the 10 State Standards for recommended water pressures which state that water pressure should ideally be maintained between 60 and 80 pounds per square inch (psi) for domestic usage, and not less than 35 psi. The Standards also address adequate water pressures at street -level hydrants for fire suppression needs. Subsequently, the City water distribution system has been divided into three main pressure zones (Low, Intermediate, and High) to meet these Standards. The operating pressures in these three zones are maintained through a combination of elevated reservoirs and municipal booster stations (to the High Zone) and /or pressure reducing stations (to the Low Zone). However, there are small pockets of development at the highest elevations in the High Pressure Zone whose pressures are near the lower limits of these Standards. These locations are in the Safari Estates, Fairway Hills, and Parkcliff neighborhoods. Certain properties within these neighborhoods had an additional in -home booster pump installed to provide the added pressure to meet these Standards. These in -home booster pumps have an expected life of 10 to 20 years depending on use, are on average 15 -20 years old, tend to be unreliable for the homeowners, and difficult for the City to maintain. The City's Comprehensive Water Supply and Distribution Plan of 1996 first identified the need to create an Ultra -High Pressure Zone in the Fairway Hills /Parkcliff Neighborhoods as part of the ultimate system build -out. It was reaffirmed in the most recent 2008 Comprehensive Plan update approved by Council on January 20, 2009. This proposed improvement has also been subsequently included in the City's approved Five Year Capital Improvement Plans since 2006. Part of the required future watermain modifications were completed prior to the street rehabilitation improvement for Fairway Hills in 2011. Feasibilit Report Ultra High Zone Booster Station and JVatermain Improvements City Project No. 1054 City of Eagan, MN WSB Project No. 1809-01 q 1 Page 3 It is anticipated that the creation of the Ultra -High Zone will include renovating and putting the Cliff Road Booster Station back on -line and installing a new pressure sustaining station. Water can then be pumped to this area at the desired higher pressure, thereby, eliminating the need for the in -home booster pumps. This study investigates the scope, benefit, cost, schedule, and financing associated with creating this Ultra -High Pressure Zone in the water distribution system. Existing conditions are summarized as well as proposed renovations of the Cliff Road Booster Station and addition of the pressure reducing station. The design of the zone will include determining target pressures and how to meet those targets, as well as planning for the current water demand and projected future water demand. Feasibility Report Ultra High Zone Booster Station and Watermain Improvements City Project No. 1054 City of Eagan, MN WSB Project No. 1809-01 q2.—• Page 4 3. EXISTING CONDITIONS 3.1 In -home Booster Pumps The City policy is to offer an in -home booster pump to residences located at an elevation greater than 1,030 feet. However, not every residence accepts a booster pump. In some cases, homes with booster pumps are located next door to homes without pumps or homes where the booster pump has been removed. According to City records, there are a few reasons why homeowners may have decided to remove the pump, including not liking the noise it made, satisfaction with the water pressure without a pump, the pump taking up too much space, and mostly, not liking the City coining to the home to maintain or service the booster pump. The 2008 Comprehensive Water Supply and Distribution Plan identifies the location of existing or potential in -home booster pumps required due to high elevation/low pressure. These locations are shown on Figures 1 and Figure 2 in Appendix A. 3.2 High Zone The High Zone is located in the southern portion of the City and its pressure is set by the water elevation of the reservoir for this zone. Water reservoir levels in the High Zone generally range from 1,130 to 1,150 feet. The resulting pressure at a service connection will be dependent on its elevation in relation to the reservoir. The water industry's Ten State Standards recommend that pressure in the watermains range from 35 to 80 psi under normal operating situations. To meet or exceed these guidelines, the City has established corresponding elevations at which in -home pressure reducing valves (PRV) or booster pumps should be installed. In -home booster pumps are installed if the elevation is greater than 1,030 ft. Under normal operation, pressure will be at its lowest when the reservoir water level is at an elevation of 1,030 ft., providing a pressure of approximately 43 psi. Conversely, an in -home PRV will be installed for elevations lower than 966 ft, since the maximum pressure of 80 psi will occur when the reservoir water level is at its highest elevation of 1,150 ft. Pressure guidelines and corresponding reservoir elevations are summarized in the table on the next page. The City's policy provides a higher minimum pressure( 43 psi) than that recommended by the 10 State Standards. The creation of a new pressure zone requires isolating the new zone from the other existing zones, which is not practical for all homes in Eagan that have in -home booster pumps. The Fairway Hills and the Parkcliff areas are well suited to the creation of an Ultra -High Zone because of the location of the high elevation areas in relation to the watermain layout. The Fairway Hills and Parkcliff areas, as well as the Cliff Road Booster Station, are shown in Figure 3 in Appendix A. In addition, topography, watermain, and current in -home booster pumps are identified in Figure 4 in Appendix A. The elevations of homes with individual booster pumps range from 1,030.5 feet to 1,063 feet. Feasibility Report Ultra High Zone Booster Station and Watermain Improvements City Project No. 1054 City of Eagan, MN WSB Project No. 1809-01 (43 Page 5 Operating Operating Ground Elevation Corresponding Guidelines Pressure Pressure Corresponding to City Water 10 States Reservoir Standards City Standard Operating Pressure Elevation Minimum Pressure 35 psi 43 psi 1030 ft 1130 ft Maximum Pressure 80 psi 80 psi 966 ft 1150 ft Note: In -home booster pump required if elevation is > 1030 ft In home pressure reducing valve (PRV) required if elevation is < 966 ft 3.3 Watermain and Pressure 3.3.1 Water Distribution System The watermain system in the area of the Ultra -High Zone is shown on Figure 4 in Appendix A. The Fairway Hills area is connected to the 24 -inch watermain in Cliff Road at Fairway Hills Drive and connected to the 8 -inch watermain at Rebecca Lane. The Parkcliff area is separate from the Fairway Hills area and has two connections to the 24- inch watermain in Cliff Road. Currently, a 16 -inch watermain in the High Pressure Zone is located adjacent to the Cliff Road Booster Station. A connection from the booster station effluent to the 16 -inch watermain still exists, but is closed. 3.3.2 Water Pressure The Fairway Hills, Rebecca Lane, and Parkcliff areas currently have their pressure determined by the water elevation of reservoirs dedicated to the City's High Pressure Zone. The pumps at the South Water Treatment Plant are turned on and off based on set points related to the water level in these reservoirs. The Safari Reservoir set points range from 1,132 feet to 1,146 feet. Recorded water level data received from the City indicates that reservoir water levels fluctuate from 1,130 feet to 1,142 feet on a typical winter day and from 1,135 feet to 1,146 feet on a typical summer day. Data on reservoir water elevations and set points is provided in Appendix B. Also, a summary of current, proposed and industry standard water pressures are listed in the following table: Industry Standard 35 to 80 psi City Standard 43 to 80 psi Current Pressure 29 to 66 psi Proposed Pressure ( +15 psi) 44 to 81 psi Feasibility Report Ultra High Zone Booster Station and Watermain Improvements City Project No. 1054 City of Eagan, MN WSB Project No. 1809-01 Page 6 Pressures will vary depending on the ground elevation at the residence and the water elevation in the reservoirs. Ground elevations and resulting pressures for a minimum and maximum reservoir's water elevation are summarized below. Ground Non - Boosted Expected Non - Boosted Expected Minimum Pressure Maximum Pressure Area Elevation (Reservoir — 1,130 Feet) (Reservoir — 1,146 Feet) Range (Feet) (psi) (psi) Fairway Hills 994 -1063 59 — 29 66 -36 Parkcliff 963 -1056 72 - 32 79 -39 Rebecca Lane /Erik's 1010 -1056 52 -32 59 -39 Boulevard Potential Future Areas (Golf Course and other 980 -1060 65 -30 72 -37 acreage) Theoretical pressures were verified with City - performed hydrant tests that were within 1 -2 psi. 3.4 Cliff Road Booster Station Photos of the Cliff Road Booster Station are included in Appendix C. The Cliff Road Booster Station was constructed in 1980 and remained in operation until the South Water Treatment Plant was placed in operation in 1991. The City has removed the majority of equipment from the facility. Each major category of equipment is summarized below: 3.4.1 Electrical Systems All existing electrical equipment was removed from the building during the summer of 2011, with the exception of the lights and a unit heater. 3.4.2 Mechanical Systems All existing mechanical equipment was removed from the building during the summer of 2011, with the exception of the floor drains. The floor drains flow to an existing gravel pocket manhole located east of the building. The City has confirmed that the drains are operational. 3.4.3 Process Piping and Appurtenances The process piping has been removed, except for the inlet, outlet, and bypass piping connections. The inlet piping consists of a 16 -inch ductile iron pipe entering the floor of the booster station in the northeast corner of the building. The outlet piping consists of a 16 -inch ductile iron pipe that is reduced to 12 -inch piping and connected to a 6 -inch bypass under the floor. It is recommended that the City pressure test the bypass piping prior to design to confirm that it is operational. Feasibility Report Ultra High Zone Booster Station and 6Vatern,ain Improvements City Project No. 1054 City of Eagan, MN IVSB Project No. 1809 -01 Page 7 3.4.4 Structural Conditions The existing structure is a double wythe cavity wall masonry building. The exterior wythe consists of 4" x 8" brick in a running bond pattern. The interior wythe consists of 8" x 16" concrete masonry units also arranged in a running bond pattern. The floor consists of a cast -in -place concrete slab, and the roof structure is constructed of precast hollow core slabs. All of the equipment has been removed from the building, and the north wall has been in- filled with masonry where a tank once penetrated the wall. There is an overhead trolley hoist running along the ceiling terminating at the main door. It is recommended that the City have the overhead trolley hoist further inspected and tested to determine if it is structurally sound and able to carry the load for which it was originally designed. The floor is generally in good condition but there are several areas where the floor slab is missing as a result of equipment removals. 3.4.5 Architectural Conditions The existing 920 square foot building was built in 1980. The structure consists of brick clad 8 -inch concrete masonry unit load bearing walls with 2' -0" wide (typ.) precast planks at the roof structure and 6 -inch reinforced slab -on -grade at the floor. 3.4.5.1 Roofing The existing roof is a 20 -year, built -up roof over 3 inches of rigid insulation. The City indicated that the roof has been leaking as documented in photos in Appendix C. 3.4.5.2 Exterior and Interior Masonry The exterior masonry is in fair condition. There is a large portion of brick missing at the rear of the building. It is understood that that the owner is going to complete the infill brick work. The building has graffiti in several locations and one of the sides of the building has been painted. The interior masonry is in good condition. The interior paint is chipped and flaking in multiple locations. 3.4.5.3 Doors The existing hollow metal door shows significant weathering at the top and bottom of the door and frame. Feasibility Report Ultra High Zone Booster Station and Watermain Improvements City Project No. 1054 City of Eagan, MN WSB Project No. 1809 -01 q(C) Page 8 4. DEVELOPING THE ULTRA -HIGH ZONE 4.1 Desired Pressure Water distribution systems should be designed to maintain good water quality, and provide adequate pressure and fire flow to the City. Ten (10) States Standards recommends that all watennains be sized based on a hydraulic analysis based on flow demands and pressure requirements. The system shall be designed to maintain a minimum pressure of 20 psi at ground level at all points in the distribution system under all conditions of flow. Normal working pressure in the distribution system shall be approximately 60 to 80 psi and not less than 35 psi. 4.2 Area Served and PRS Location(s) Based on the desired pressures, the following goals were developed for the Ultra -High Zone: • Boost the pressure in areas where in -home booster pumps are required to a range of 40 to 60 psi. • Maintain pressures less than 80 psi in all areas through in -home pressure reducing valves (PRV) where necessary. Properties with in -home booster pumps are generally located in the Fairway Hills, Grace Dr., and the Parkcliff neighborhoods. This study will focus on the Fairway Hills and Grace Dr. area as the initial area for the Ultra -High Zone with expansion to include the Parkview Golf Course area, if it develops in the future. The homes with booster pumps in the Parkcliff neighborhood could be added in the future with the Golf Course area development or directly from the Cliff Road Booster Station. Adding homes in the Rebecca Lane area were considered for inclusion in the Ultra -High Zone due to their similar higher elevations and the fact that one of the homes along Pilot Knob Rd. used to have an in -home booster pump. The Ultra -High Zone will start at Fairway Hills Drive at Cliff Road. This will be accomplished by connecting the 8 -inch main located in Fairways Hill Drive directly to the Cliff Road Booster Station. The other end of the new pressure zone will consist of a pressure reducing station placed in the watermain on Rebecca Lane to isolate the zone. This pressure reducing station will allow water to flow from the Ultra -High Zone to the High Zone if the pressure in the Ultra -High Zone exceeds a certain set amount. In addition, the pressure reducing station will allow water to backflow from the High Zone to the Ultra -High Zone if pressure in the Ultra -High Zone falls below a set amount. For example, if there is a significant pressure drop in the Ultra -High Zone due to the City booster pumps not operating or a fire condition in the Ultra -High Zone, the existing surrounding High Pressure Zone will service the area. Two options were identified for creating the new zone. • One pressure reducing station could be installed along the 8 -inch line in Rebecca Lane east of the point where it increased to a 16 -inch line. Feasibility Report Ultra High Zone Booster Station and bVater,nain Improvements City Project No. 1054 City of Eagan, MN !VSB Project No. 1809 -01 a Page 9 .7 • Two pressure reducing stations could be installed; one west of the point described above in the 16 -inch line in Rebecca Lane and a second pressure reducing station could be located in the 16 -inch line in Erik's Boulevard. Two pressure reducing stations would allow for homes along Rebecca Lane and Erik's Boulevard to be included in the Ultra -High Zone. However, the two pressure reducing stations would need to be placed in a 16 -inch line that was installed as a watennain loop to aid the supply of water to the area west of Pilot Knob Road and south of Cliff Road. Installing two pressure reducing stations would isolate the 16 -inch loop and require that water flow through 6 -inch watennain. We do not recommend isolating the 16 -inch waterinain loop. Therefore, one pressure reducing station is recommended to be located in the 8 -inch line on Rebecca Lane. Some of the homes along Rebecca Lane will be included in the Ultra -High Zone with the strategic placement of the pressure reducing station. 4.3 Boosted Pressure The existing non - boosted pressure in the selected area for the Ultra -High Zone ranges from 29 to 65 psi. To maintain the maximum pressure of 80 psi, the pressures could be boosted at least 15 psi to 44 and 80 psi, and higher with selected placement of in -home pressure reducing valves (PRV). Feasibility Report Ultra High Zone Booster Station and Waterneain Improvements City Project No. 1054 City of Eagan, MN WSB Project No. 1809 -01 (413 Page 10 4.4 Current Water Demand The existing average clay demand, peak -day demand, and instantaneous peak demand of the proposed Ultra -High Zone are all needed to size the booster pumps. The current zone consists of 1 60 homes, a park, and a church. Existing water demands are summarized in the table below. Water Demand Average Day Peak Day (4) Peak Hour(5) (gpm) (gpm) (gpm) Existing Demands Residential (160 units) (1) 30 81 162 Park (2) - 38 38 Church (3) - 16 30 Total Existing Demand 30 135 230 Basis: 1. Residential Demand — 274 gallons per connection per day as estimated by Metropolitan Council Environmental Services (MCES). 2. Park Demand — 1,420,000 gallons /year irrigation demand per City data. Water every other day, approximately 5 months /year, 8 hours /day. 3. Church Demand — 304,000 gallons /year domestic; 827,000 gallons /year irrigation per City data. 4. City's domestic peaking factor between average day and peak day of 2.7. 5. Peak hour of the peak day peaking factor of 2.0. • Feasibility Report Ultra High Zone Booster Station and JVater,nain Improvements City Project No. 1054 City of Eagan, MV 11 SB Project No. 1809 -01 Page 11 99 4.5 Future Water Demand • Additional areas that may develop or become part of the Ultra -High Zone in the future include the golf course, a portion of the Parkcliff neighborhood, redevelopment of the church area, and the development of new acreage. Future Water Demand Average Day Peak Day (4) Peak Hour (5) (gpm) (gpm) (gpm) Parkcliff ( max 54 units) (1) 10 28 56 Additional Acreage (2) 7 18 36 Golf Course Redevelopment (3) 60 160 320 Basis: 1. Residential Demand — 274 gallons per connection per day as estimated by Metropolitan Council Environmental Services (MCES). 2. Potential additional acreage includes 9 acres 3. Golf Course Area — 78 acres at 4 units /acre and 274 gallons per connection per day. 4. City's domestic peaking factor between average day and peak day of 2.7. 5. Peak hour of the peak day peaking factor of 2.0. 4.6 Required Fire Flow Water requirements for fire demand must also be considered. The Insurance Services Office (ISO) recommends that a system the size of Eagan's be capable of delivering a fire demand of 1,000 to 3,500 gpm for varying durations depending on the rate of demand. Design fire flows for single family residential areas according to the City comprehensive plan is 1,000 gpm for 2 hours. Feasibility Report Ultra High Zone Booster Station and Waterntain Intproventents City Project No. 1054 City of Eagan, MN WSB Project No. 1809 -01 is Page 12 5. PROPOSED IMPROVEMENTS 5.1 Cliff Road Booster Station 5.1.1 Process Piping and Appurtenances The inlet, outlet, and bypass piping locations will remain in their existing locations. Figures 7 and 8 of Appendix A contain a preliminary layout and profiles of proposed piping and appurtenances. 5.1.2 Pumps Ten (10) States Standards recommends that at least two pumps be provided in a booster station. With any pump out of service, the remaining pump or pumps shall be capable of providing the maximum pumping demand of the system. Therefore, the proposed system will consist of two pumps, each capable of meeting the maximum demand and a larger pump capable of meeting the fire flow demand. As discussed previously, the design fire - flow rate for a single family residential area is 1,000 gpm. A 1,500 gpm fire pump will be planned for in the Ultra -High Zone to provide fire flow of at least 1,000 gpm. If pumps are excessively oversized, they will be limited in their ability to meet current daily demands. Therefore, it is recommended that the two smaller service pumps be designed to meet the current design range of 30 to 230 gpm. It is also recommended that space for a future pump be evaluated during design and provided, if space allows. 5.1.3 Electrical and Control Systems A new motor control center (MCC) and related equipment will be installed. The MCC and related equipment will include the following components: • A main circuit breaker, mechanically interlocked with a standby circuit breaker to allow for operation of the booster station with a portable generator set. A generator receptacle will be installed on the building exterior. • Variable frequency drives (VFDs) for operating two 10hp booster pumps and one 40hp booster pump. • Branch circuit breakers for electric unit heaters, air conditioning equipment, air compressor, and lighting panel equipment. • A 480V:120/240V transfonner and lighting panel to provide general power for lights, outlets, etc. A new control panel will be installed. The control panel will include a programmable logic controller (PLC), operator interface tenninal (OIT), radio, power supplies, and other related components. A new radio antenna will be installed outside the building on a 40- foot tall antenna mast, replacing the existing pole of approximately 25 ft. Feasibility Report Ultra High Zone Booster Station and Water,nain Improvements City Project No. 1054 City of Eagan, MN WSB Project No. 1809 -01 Page 13 lcD1 The control panel will control operation of the VFDs for each booster pump. Under normal conditions, the two 10hp booster pumps will be alternately operated in a lead -lag configuration to maintain pressure in the ultra -high pressure zone. In the event of a high demand condition (such as a fire), the 40hp booster pump can also be called for operation. The control panel will communicate with the existing main SCADA panel located at the water treatment plant, to allow for remote adjustment of set point values and monitoring run and alarm status. New instrumentation equipment will be installed, including a magnetic flowmeter, a system pressure transmitter, a low temperature alarm and a floor flooding alarm. The control panel will monitor information from these devices, as well as control operation of the bypass valves, and monitor position of the bypass valves as well as the check valves. Other new electrical equipment in the building will include light fixtures and switches, 120V convenience outlets, electric unit heaters, and electrical connections to the air conditioning equipment that will be provided by the mechanical contractor. The existing weather siren located adjacent will also be powered from the building. 5.1.4 Mechanical Systems The following mechanical systems are recommended: • Two (2) portable dehumidifier units • A split system air conditioner to compensate for the heat gains to the space from the process motors and protect the variable frequency drives. • Reuse of the existing drains and gravel pocket manhole since the City confirmed that they are operational. 5.1.5 Architectural Items • 5.1.5.1 Roof Three options for roof replacement were considered: 1) Provide a new built -up roof 2) Provide a 60 ml thick ballasted EPDM roof. 3) Provide a pitched, sheet metal, standing seam roof. Lifespan, first cost, and feasibility were all considered. Warranty, expected life, and cost are summarized in the table on the next page. As indicated in the table, warranty duration can be misleading as historically, built -up and standing seam metal roofs far outperform their warranties. EPDM roofs on the other hand, typically require replacement at or near the end of the warranty period. Feasibility Report Ultra High Zone Booster Station and Watennain Improvements City Project No. 1054 City of Eagan, MN WSB Project No. 1809 -01 Page 14 Built Up EPDM Pitched Roof Roof Metal Roof Cost $7 -10 /sf $5 -8 /sf $15 /sfand greater Warranty 20 -30 yr 10 -20 yr 5 -20 yr Expected Life 20 -30 yrs 10 — 20 yrs > 20 yrs The existing 8 -inch prefinished metal fascia/gravel stop is in fair to poor condition and would require replacement with either the EPDM or built -up roofing systems. The cost to replace the fascia, including associated wood blocking and roofing accessories is $4,500- $5,000. The metal roofing system would require additional roof trusses and framing, estimated at a cost of $7,500 to $8,500. It is our recommendation that the City proceed with the built -up roofing system as it provides the greatest long -term value and avoids the potential difficulties and problems associated with the other two systems. 5.1.5.2 Exterior and Interior Masonry It is our recommendation that the building be painted and that an anti - graffiti coating be used. The estimated cost to do this work would be $2 /square foot. Overall, the mortar work is in good condition and doesn't require tuck - pointing or other major repairs at this time. We recommend using an epoxy coating at the interior. 5.1.5.3 Doors We recommend replacing the door with a fiberglass pair of doors and frame using stainless steel hardware. The cost to replace the door is approximately $1,750 to $2,000. 5.1.6 Structural Items The proposed structural improvements will be limited to patching the floor slab where it has been disturbed. Some areas of the floor slab will need to be removed by sawcutting and replaced to facilitate the installation of conduit. Cast -in -place reinforced concrete pedestals will be installed to support the new pipes. Feasibility Report Ultra High Zone Booster Station and Watern,ain Improvements City Project No. 1054 City of Eagan, MN WSB Project No. 1 509 -01 Page 15 5.2 Pressure Reducing Station (PRS) The pressure reducing station will allow water to flow from the Ultra -High Zone to the High Zone if the pressure in the Ultra -High Zone exceeds a certain set amount. In addition, the pressure reducing station will allow water to flow from the High Zone to the Ultra -High Zone if pressure in the Ultra -High Zone falls below a certain set amount, for example, if there is a significant pressure drop in the Ultra -High Zone due to the booster pumps not operating, or a fire condition in the Ultra -High Zone. The pressure reducing station will be connected to the 8 -inch watermain located in Rebecca Lane, just east of the 16 -inch watermain in Erik's Boulevard. The pressure reducing station will be designed in accordance with the City standard pressure- reducing valve detail. 5.3 Watermain Improvements In order to create an Ultra High Zone, watermain improvements are necessary to draw water off the City's High Zone and then connect the boosted water to the 8 -inch watermain at the intersection of Fairway Hills Drive and Cliff Road. Specific watermain improvements are as follows: • Add a connection from the 16 -inch watermain west of the existing booster station to the inlet of the booster station. • Remove approximately 30 feet of existing 16 -inch inlet piping. • Remove approximately 20 feet of existing 16 -inch outlet piping. • Add new 16 -inch piping from the booster station outlet along the south side of the driveway to a location adjacent to the first 24 -inch steel casing pipe that crosses Cliff Road. • Reduce pipe size and continue with a 12 -inch pipe down the driveway and through the second 24 -inch steel casing pipe that crosses Cliff Road. (Completed Spring 2011) • Connect into 8 -inch watermain at Fairway Hills Drive. (Completed Spring 2011) Feasibility Report Ultra High Zone Booster Station and Watermain Improvements City Project No. 1054 City of Eagan, MN WSB Project No. 7809 -01 1°4 Page 16 5.4 Plan for the Future There are several areas that may develop in the future and require water from the Ultra -High Zone, as identified in the future water demand section. The areas include some of the homes in the Parkcliff neighborhood, the redevelopment of the Parkview Golf Course into a residential area, and approximately nine (9) additional acres. The Parkcliff homes could be added to the Ultra -High Zone either by a connection directly from the Cliff Road Booster Station or through the golf course area when it redevelops. The direct connection from the Cliff Road Booster Station can be accomplished from the 16 -inch outlet pipe through the closest 24 -inch steel casing pipe that crosses Cliff Road. In addition, as the golf course area develops, a connection can be made from the Fairway Hills neighborhood and Grace Drive to the Parkcliff neighborhood. 5.5 Permits A permit from the Minnesota Department of Health (MDH) is anticipated to be part of the proposed improvements. Feasibility Report Ultra High Zone Booster Station and 6Vaternnain Improvements City Project No. 1054 City of Eagan, MN ►i'SB Project No. 1809-01 1 b5 Page 17 6. FINANCING 6.1 Opinion of Probable Cost A preliminary opinion of cost has been developed for upgrading the Cliff Road Booster Station and the watermain and site work required to create the Ultra -High Zone. The opinions incorporate estimated 2012 construction costs and include a 10% contingency factor and related indirect costs which are estimated at 35 %. The indirect costs include legal, engineering, financing, and administrative items and expenses. A summary of the total project costs is as follows: Total Site Work $ 40,000 Watennain Improvements (Includes PRS) $125,000 • Booster Station Rehabilitation • Structural Improvements $ 8,000 • Architectural Improvements $ 25,000 • Mechanical Improvements 1 $ 50,000 • Piping, Pumps & Appurtenances $130,000 • Electrical & Control Improvements $125,000 Total Construction Cost $503,000 Contingency (10 %) • $ 50,000 Indirect costs (35 %) $194,000 • • TOTAL ESTIMATED PROJECT COST $747,000 6.2 Funding Source Special assessments are not proposed for the improvements related to creating the Ultra -High Zone. Funding will be provided from the City's Combined Utility Trunk Fund. Feasibility Report Ultra High Zone Booster Station and Watermain Improvements City Project No. 1054 City of Eagan, MN WSB Project No. 1809 -01 1 Page 18 7. PRELIMINARY SCHEDULE The anticipated project milestones for the improvements are listed below. The project schedule will be determined depending on how the project proceeds. Forward Feasibility Report to City Council March 6, 2012 Informational Neighborhood Meeting March 15, 2012 Present Feasibility Report at Public Hearing and Approve Plans and Specifications..April 3, 2012 Advertise for Bids April 6, 2012 Open Bids May 4, 2012 Award Contract May 15, 2012 Final Project Completion November 2012 Feasibility Report Ultra High Zone Booster Station and {Vater,nain Improvements City Project No. 1054 City of Eagan, MN 14 Project No. 1809 -01 CS1 Page 19 8. FEASIBILITY AND RECOMMENDATION The Ultra -High Zone is feasible and can be created with the rehabilitation of the Cliff Road Booster Station and watermain improvements that include a pressure reducing station in the fl- inch watermain in Rebecca Lane. The recommended initial area includes the Fairway Hills neighborhood, Grace Drive, six homes along Rebecca Lane, church property, and the George Ohmann Park. Future areas that can be added to the Ultra -High Zone include homes in the Parkcliff neighborhood and the Parkview Golf Course area. This project has several pros and cons that have been identified and are summarized below: Pros • Approximately 82 in -home booster pumps will be eliminated, greatly reducing the City's on -going maintenance responses. • The Ultra -High Zone will provide a major residential neighborhood with increased water pressure consistent with the rest of the community. • The Ultra -High Zone will comply with the MN Department of Health and the 10 States Standards for municipal water supply systems. • The creation of the new zone will provide a pressure zone ready to serve and accommodate future development in the area (i.e., Parkview Golf Course) • The project brings the City closer to full compliance with its Comprehensive Plans. Cons • The project will add a major booster station and pressure reducing station to the City's water distribution system. • Creation of the new zone will require coordination with property owners for removal of existing in -home booster pumps. • There will be potential for minor short -term adjustments of individual water supplies to balance the pressures. • A total project investment of $747,000. • Available fire flow in the zone would decrease (from 1900 to 1500 gpm), but still exceed the required minimum level of 1,000 gpm. • During a power failure, pressure in the system will revert back to High Zone pressures resulting in some homes temporarily having pressures less than City Standards. Based on the preceding discussions, it is concluded that the project is feasible and necessary. The benefits outweigh the challenges associated with this project and the City should proceed with its implementation. • Feasibility Report Ultra High Zone Booster Station and Watermain Improvements City Project No. 1054 City of Eagan, MN WSB Project No. 1809 -01 1 Page 20 08 APPENDIX A Figures Feasibility Report Ultra High Zone Booster Station and Watermain Improvements City Project No. 1054 City of Eagan, MN 1°9 WSB Project No. 1809 -01 o . is _ l _ , i %�! , siP - - - �e �� � • ��` I I I , • •' • '• 1 • • r _ II • • • • ; w e- o z • — o z r7 • • ( J O 1 _ . p > CO O Et o — j N • w T z O O Q . 7 O W J 1 co z a_ W z j 01 a T < w (9 H o z a Ilb 1 L -- N i p Z 1 u n # i v) E. o c „- co • ♦ ♦ ♦ / --,„„.......... o o ■ _ • • • ♦ ♦' • o J�, 1 0 1 w Q CD • �; - EL 4- L Ui N 0) O O h ( m ( L)1 I ♦ I I 1 • • ♦, ` II � .- • ♦ • ♦ ♦ --- ' • • ♦ • ♦ ♦I♦I • o g Q pc�o� gout'{ }o��d - -- _ ____ 0 z o p. 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CONDITIONAL USE PERMIT — RICHARD CASPER ACTION TO BE CONSIDERED: To approve (OR direct preparation of Findings of Fact for Denial) a Conditional Use Permit to allow outdoor patio dining in conjunction with the Class I Cherokee Sirloin Room and Sports Bar restaurant located at 4625 Nicols Road, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: ➢ The site was developed in 1979 and Conditional Use Permits (CUP) were granted that year to allow a pylon sign and on -sale liquor sales. ➢ A 48 stall parking Variance was granted in 2001. ➢ A fire in 2011 originated on and destroyed a two -story deck. The applicant desires to alter the deck from what was previously constructed. ➢ City Code requires a CUP for outdoor patio dining if alcohol is proposed to be served or seating is provided for more than 24 persons, both of which are proposed. ➢ The remodel of the interior and redesigned exterior deck results in less required parking; however, the new patio area will require four existing parking stalls to be removed. ➢ The joint - parking arrangements required with the 2001 Variance are still in effect and have been verified. ➢ The proposal also includes a satellite bar in the outdoor patio as well as the addition of a second bocce ball court. ➢ The proposal satisfies the outdoor patio dining standards of the ordinance. ➢ The Advisory Planning Commission held a public hearing on March 27, 2012 and recommended approval of the Conditional Use Permit. 60 DAY AGENCY ACTION DEADLINE: April 15, 2012 ISSUES: None ATTACHMENTS (3): Location map on page 1 ti Draft March 27, 2012 APC minutes on page 1$ Staff report on pages %fig through (53 116 Location Map - -- - - - - - -- -- - - .. ®ill � ® - Egg �. 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Cherokee Sirloin Room and Sports Bar Applicant Name: TRJ Associates Location: 4625 Nicols Road; Lot 2, Block 1, Durnings Subdivision Application: Conditional Use Permit A Conditional Use Permit to allow outdoor dining. File Number: 31- CU- 01 -02 -12 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated March 21, 2012. She noted the background and history. 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. Rick Casper, Cherokee Sirloin Room and Sports Bar stated the bar and restaurant will open May 7, 2012. He explained that concrete would be used instead of wood decking. He stated they are satisfied with the conditions of approval. Member Dugan stated he has a business relationship with the applicant however; he has not been approached regarding the matter and will vote on the item. Member Filipi moved, Member-Piper seconded .a motion to recommend approval of a Conditional Use Permit to allow outdoor patio dining in conjunction with a Class I restaurant located at 4625 Nicols Road, legaily described as Lot 2, Block 1, Durnings Subdivision, subject to the following conditions 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The on -sale alcohol license shall include and permit the service of alcoholic beverages in the outdoor dining area. 3. This approval incorporates the agreement tied to the Variance approval on May 15, 2001. 4. The outdoor dining area is subject to City Code requirements including sewer availability charges imposed as a result of the additional seating in the outdoor dining area. 5. A Building Permit shall be obtained for the satellite bar and patio expansion. 6. Site Lighting shall be downcast and shielded to prevent glare and shall not be visible from the public right -of -way. 7. Existing landscape material shall remain and no additional landscaping shall be removed from the property. 8. The Site Plan shall be revised to address the parking concerns and resubmitted for approval by City Staff prior to the operation of business within the outdoor dining area. 9. The two emergency gates located near the south property line shall provide access at all times and cannot be locked. All voted in favor. Motion carried 5 -0. I es PLANNING REPORT CITY OF EAGAN REPORT DATE: March 21, 2012 CASE: 31- CU- 01 -02 -12 APPLICANT: Richard Casper HEARING DATE: March 27, 2012 PROPERTY OWNER: TRJ Associates APPLICATION DATE: Feb. 15, 2012 REQUEST: Conditional Use Permit PREPARED BY: Sarah Thomas LOCATION: 4625 Nicols Road COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: CSC, Community Shopping Center SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to allow outdoor patio dining in conjunction with a Class I restaurant located at 4625 Nicols Road, legally described as Lot 2, Block 1, Durnings Subdivision. AUTHORITY FOR REVIEW 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. 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. Planning Report — Cherokee Sirloin Room CUP March 27, 2012 Page 2 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 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 In the fall of last year, a fire occurred at the Cherokee Sirloin Room restaurant. The owner received a building permit in January for fire repair. As part of the building permit review, it was determined that reconstruction of the former deck would require compliance with the Outdoor Patio Dining Ordinance (codified in April, 2011) if the deck were to be altered from the original state. A Conditional Use Permit was granted in 1979 to allow for a pylon sign and on -sale liquor sales. A 48 stall Variance from the off - street parking requirement was approved in 2001. Specifically, the applicant proposed to provide a total of 105 off - street parking stalls, 48 stalls less than the 153 stalls that were required by code based on the amount of seating in the restaurant and patio area. As part of the Variance approval, the applicant was required to provide evidence of a long term lease for the use of 80 off - street parking stalls on the property to the south. A copy of the renewed five year lease (expires on October 31, 2016) has been provided. Additionally, the City has on file a copy of the agreement with the property to the north for cross easements and parking. ` Planning Report — Cherokee Sirloin Room CUP March 27, 2012 Page 3 EXISTING CONDITIONS The Cherokee Sirloin Room was constructed in 1979 and measures 9,050 square feet in size. There are 104 parking stalls that exist on the property. A two -story deck was previously located on the east side of the Sports Barn portion of the restaurant. The 2011 fire originated on and destroyed these decks. A second wood deck was formerly located off the south side of the building, which was not constructed with the benefit of a Building Permit and has been removed. A bocce ball court also exists to the south of the property between the sports barn and the southern property line. SURROUNDING USES The site is bound on the north, south and east by commercial uses and on the west by Cedar Avenue. Access to the site is provided from the east via Nicols Rd. EVALUATION OF REQUEST Compatibility with Surrounding Area — The Community Shopping Center (CSC) zoning district is intended for large scale retail commercial sales and services. The proposed use is an accessory use to a Class I restaurant in the CSC district and appears compatible with both the existing development and adjacent land uses. A Conditional Use Permit is required because alcohol is proposed to be served within the patio and seating is provided for more than 24 persons. Proposal — The building measures 9,050 square feet in size and with the remodel, includes 291 seats. The proposed outdoor patio roof area measures 320 square feet in size and includes 78 seats. In total, there are 369 seats. The renovation results in an overall seat reduction of 21 seats. The applicant also proposes to add an additional bocce ball court. Seating Inside Outside Total Existing 310 80 390 Proposed 291 78 369 Patio Plan — Enclosure of the patio and controlled access from within the building is required if the restaurant will be serving liquor or if more than 24 seats are proposed, as is proposed for this site. The outdoor dining area and bocce ball courts are proposed to be enclosed by a 4 foot tall vinyl fence (as measured from the inside). The fence will be maroon in color and because the grade of the patio and main floor of the existing building is 1 — 3 feet above the grade of the parking lot, the fence will be 6 feet in height (as measured from the outside). A planter box will provide a decorative feature to the eastern side of the fence and two emergency gates will be located near the south property line. These gates must be able to provide access at all times and cannot be locked. This is included as a condition of approval. A concrete sidewalk and wood walkway provide access to a concrete sidewalk on the adjacent property to the south. There are no public utilities or drainage concerns within the drainage and utility easement in this location. 17i Planning Report — Cherokee Sirloin Room CUP March 27, 2012 Page 4 The outdoor patio dining area will also include a satellite bar. Dual head flood lights and gooseneck fixtures are proposed to provide lighting on the east side of the sports barn. City Code requires that on -site lighting be provided as is necessary for security, safety and traffic circulation. Illumination should be indirect and diffused or shielded. Lighting should not be directed upon public rights -of -way or adjacent properties and the source of light should not be visible from off the property. This has been added as a condition of approval. Landscaping — Minimal changes to the landscaping are proposed. The applicant may add shrubs on the south side of the proposed fence to provide additional screening. The Site Plan identifies that the existing landscape material will remain. This has been added as a condition of approval. Parking — According to the City Code, a restaurant must provide at least one parking space for each three seats based on capacity design. Also, one parking space for each 12 seats within an outdoor dining area of more than 24 seats is required. The indoor restaurant includes 291 seats. The proposed outdoor patio includes 78 seats. In total, there are 369 seats. The renovation of the building results in an overall seat reduction of 21 seats and therefore a reduction in the need for parking. Four parking stalls are proposed to be removed in conjunction with the construction of the outside patio. Parking Indoors Patio Total Required 97 7 104 Parking On South North Total Proposed Site Lot Lot 100 160 50 310 The two new proposed parking spaces nearest the outdoor patio dining area, oriented north - south, do not allow a vehicle to back out and turn 90 degrees to exit. Also, the parking lot service drive along the east edge of the new proposed spaces is only 20 feet wide, where the City's minimum standard is 24 feet. The new parking areas should provide for adequate maneuvering space for vehicles to exit, and the service drives width should be a minimum of 24 feet. Additionally, parking medians should be provided at the east end of these new parking stalls. It should also be noted that the new stalls do not meet current code size requirements of 10 ft x 19 ft; however, these are the same dimensions as the stalls that exist on the site. As previously mentioned, a Variance was granted in 2001 to allow for 48 stalls less than the 153 stalls required by code. 105 parking stalls were to be provided on site. With the reduction in amount of seating at the restaurant, the total amount of parking required is now 104 and the proposed Site Plan can accommodate 100 of those stalls. I22 Planning Report — Cherokee Sirloin Room CUP March 27, 2012 Page 5 A redesign of the parking area nearest the patio dining area may result in an additional loss of two parking stalls, but with the parking arrangements on the two adjacent properties, the six stall shortage is more than covered. Access /Circulation — Access to the restaurant is from Nicols Road and will remain unchanged with this plan. SUMMARY /CONCLUSION The applicant is requesting approval of a Conditional Use Permit to allow outdoor patio dining in conjunction with a Class I restaurant at 4625 Nicols Road. The scale of the proposed use requires a conditional use permit in the CSC zoning district and appears compatible with adjacent and surrounding land uses. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to allow outdoor patio dining in conjunction with a Class I restaurant located at 4625 Nicols Road, legally described as Lot 2, Block 1, Durnings Subdivision. If approved the following conditions shall apply: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The on -sale alcohol license shall include and permit the service of alcoholic beverages in the outdoor dining area. 3. This approval incorporates the agreement tied to the Variance approval on May 15, 2001. 4. The outdoor dining area is subject to City Code requirements including sewer availability charges imposed as a result of the additional seating in the outdoor dining area. 5. A Building Permit shall be obtained for the satellite bar and patio expansion. 6. Site Lighting shall be downcast and shielded to prevent glare and shall not be visible from the public right -of -way. 7. Existing landscape material shall remain and no additional landscaping shall be removed from the property. 8. The Site Plan shall be revised to address the parking concerns and resubmitted for approval by City Staff prior to the operation of business within the outdoor dining area. 9. The two emergency gates located near the south property line shall provide access at all times and cannot be locked. 123 Location Map ®otoil II ® ® ®�i ®® o ® ® ® ® ®inso ®mist®®®®® Simi — Is ms.. � ��1 Q. , ' 7 ` e • ../ L on •a Rtl = ��..0 .' Rahn Athletic Park III IIDrt III I I! 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V s A ; 3g f e g o 1 i lil a33 t tlJ I } wil.Ptig3 3 3 3 ,s 3 ;1 a t y GI Z 7 O k:r; 11g34 €€ €s _ F 3 r d T a i Eagan City Council Meeting Minutes VARIANCE MINUTES OF APPROVAL May 15, 2001 Page 4 There being no further public comment, Mayor Awada closed the public hearing and turned discussion back to the Council. The Council and staff addressed the concerns of the residents and discussed the various options. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve Project 806 (Kennerick Addition, Pond (HDP -1 -Trunk Storm Sewer Outlet as amended by the Alternates Report dated May 10, 2001; authorize the preparation of detailed final plans and specifications and the acquisition of right -of -way and easements through quick -take Eminent Domain, if necessary. Aye: 5 Nay: 0 OLD BUSINESS 3/ —` I VARIANCE — CASPER'S CHEROKEE SIRLOIN ROOM City Administrator Hedges introduced this item regarding a 48 stall Variance from the off - street parking supply requirement for a restaurant located at 4625 Nicols Road which was continued from the April 3, 2001 City Council meeting. Senior Planner Ridley gave a staff report Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a 48 stall Variance from the off - street parking supply requirement for a restaurant located at 4625 Nicols Road in the NW 1 /4 of Section 31 subject to the following conditions: Aye: 5 Nay: 0 1. The applicant shall provide evidence of a long term lease for the use of the 80 off - street parking stalls on the property to the south. 2. The applicant shall enter into an agreement with the City requiring the removal of the two story seasonal patio if the lease is terminated or cancelled. 3. The variance shall be effective upon the receipt of necessary lease documents and the applicants entrance into the aforementioned agreement with the City. REPEAT CALL FOR SERVICE ORDINANCE City Administrator Hedges introduced this item regarding the establishment of a fee for repeat service calls to activity defined as nuisances in the City Code. Police Chief Therklesen discussed the proposed ordinance and the types of disturbances that the ordinance is designed to address. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the addition of Section 10.44 establishing a fee for repeat service calls to activity defined as nuisances in the City Code, any activity, conduct or condition constituting a violation of Chapter 10 in the City Code, any activity, conduct or condition constituting a violation of Minnesota state laws prohibiting or regulating prostitution, gambling, controlled substance, use of firearms, and any activity, conduct or condition constituting disorderly conduct under Chapter 609 of Minnesota Statutes. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Tilley seconded a motion to adopt a resolution setting the repeat nuisance service call fee. Aye: 5 Nay: 0 NEW BUSINESS ANOMS REMOTE MONITORING TOWER SITE SELECTION City Administrator Hedges introduced this item regarding the site selection of ANOMS Remote Monitoring Towers. Assistant City Administrator Verbrugge displayed a picture of a monitoring tower and explained the purpose of the towers. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the recommendation of the Airport Relations Commission regarding site selection of ANOMS Remote Monitoring Towers. Aye: 5 Nay: 0 133 Agenda Information Memo April 3, 2012, Eagan City Council Meeting B. REZONING, PRELIMINARY PLANNED DEVELOPMENT AND FINAL PLAT — EAGAN CAR CLUB ACTIONS TO BE CONSIDERED: ➢ To approve a Rezoning from Neighborhood Business to Planned Development for six acres located west of Highway 3 and north of Diffley Road. ➢ To approve a Preliminary Planned Development to allow eight buildings with a total of 76 — 24' x 48' storage units (garages) and a club house, subject to the conditions listed in the APC minutes. ➢ To approve a Final Plat creating one six acre lot located west of Highway 3 and north of Diffley Road. REQUIRED VOTE FOR APPROVAL: At least three votes FACTS: ➢ The approximately 6 acre site is undeveloped and unplatted; public access is provided from Highway 3. The site contains significant topography that ranges from a highpoint elevation of approximately 904 to a low point of approximately 828. ➢ The plans call for 76 — 24' x 48' storage units (garages) and two bays dedicated for a club house and possibly accessory products and /or service for the storage users. Each unit will be individually owned as a condominium. No unit owner residences or businesses will be allowed by covenant. ➢ Owners will have the option to customize their units via individual Building Permits. An Owner's Association will be formed to handle general maintenance, snow removal, security and trash removal. ➢ The applicant is proposing a Planned Development because the plan calls for multiple buildings on a single parcel and development will occur in two phases. All outward facing building facades meet the material and percentage breakdown requirements. ➢ The only deviation to City Code standards relates to the exterior materials /percentages proposed for interior - facing building facades. The developer is proposing a durable pre - I34 finished metal exterior that would be considered a Class III material. The appropriateness of this deviation is a policy matter to be considered by City officials. The PD zoning allows for flexibility from strict code requirements > The Advisory Planning Commission held a Public Hearing on March 27, 2012 and they are recommending approval. ISSUES: None 60 DAY AGENCY ACTION DEADLINE: April 29, 2012 ATTACHMENTS: (3) Location Map, page 1 Draft March 27, 2012 APC minutes page 137 through I4V Planning Report, pages I4 through 155 Location Map p ig ® ® 1l ® i gav®� ®__ ® w•®■ , A V ® / w' � p-4ory r 4,417 1 „, - -r�7 o Wandering Walk•P a - , ' ', ” : t.,4 : _� ' \` • MI 2 i ... fir, (-; / gic....o.,:j) Bridle Ridge Park . ' kaylity I • • 1111111 OP \ Illk _ O IB .S� ®e� At e� 4'$' 4 */i.t o �� � � � ®._._.. � .. S ®' ® ® ® S� w W Map Area Extent ® RV ® t h lt ®® ,� ® 44 ®® 111 1► 11111104Sti /Mb& stro0 itt, 4i01111111110W _ boar a® iO A► • m . 46. 4 10► ®`w 1 � ® ® ® ®_, ,n ® ® � I. L V VI% %r: „. '�� ®® � �� Captain Dodd Park ® ®®� Subject Site C Mer ®® ® i ® a ® t poot otp 4 v koloi ®Lrf onlitaini II I' re.-a dip. 0. q a : �11 ® 1 ®®o®® OPA lb% Imumellilliiiiiirm :1 ' ct'P' 44,.. ..,_j I ,. i isi _.\ m - i ®g11 1 '--LI _0 sloPo 1 1 ' ' ' t 3 7*-77 .6 4 1 A 0111.% fillsoti EsOlp . dill 1 1 hi :;-: - Wpm elm EN les •-.1*- NW eif 41 ® ®� ®® ® ®1® ®q ®IS r® : . 1 1 I 1Feet Project Name: Eagan Car Club 0 500 1,000 2,00 Request: Rezoning & Preliminary Planned Development Legend Case Nos.: 24- RZ- 01 -02 -12 & 24- PD- 01 -02 -12 MI �_ City Boundary Parcels A Parks Buildings N 40. City of bpi «o Advisory Planning Commission March 27, 2012 Page 3 of 11 B. Eagan Car Club Applicant Name: Manley Development Location: Section 24, Township 27, Range 23 West, off of State Trunk Highway No.3 Application: Rezoning A Rezoning for approximately 6 acres from NB, Neighborhood Business to PD, Planned Development. File Number: 24- RZ- 01 -02 -12 Application: Preliminary Planned Development A Preliminary Planned Development of approximately 6 acres to allow 76 vehicle storage units and a club house. File Number: 24- PD- 01 -02 -12 City Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated March 23, 2012. He noted the background and history Todd Mohagen, Architect discussed a similar operation in Chanhassen and its success. Chair Heaney opened the public hearing. Don Gaylord, 4140 Country View Drive, stated he represents the neighbors on the west side of the property. He stated concern with the storm sewer on his property, the 30 foot drainage easement, noise and light from units and hours of operation. He stated further concern with the soil condition due to garbage burial by previous owners of the property. ty.< Barry Swanson, 4144 Country View Drive, stated concern for drainage, lighting, view of the property from the park, the size of the Chanhassen facility, and parking during events. Lisa Finke, 4112 Country View Drive, stated concern for property values, the storage facility so close to her back yard, and the drainage. There being no further public comment, Chair Heaney closed the public hearing and turned the discussion back to the Commission. Member Dugan stated he has a business relationship with the applicant; however, he has not been'approached regarding this matter and will vote on the item. Nate Herman, Engineer for the Applicant, addressed the drainage and stormwater concerns by explaining thatthe water will be collected into a storm sewer and routed around the buildings and into the underground infiltration system on the northern part of the property which provides rate control, increased infiltration, and water quality treatment. He stated the sheet flow from the site would be reduced from existing conditions because the storm water is being collected and piped into the storm sewer system rather than sheet draining onto neighboring ' properties. Any water that lands on impervious surface will be collected by catch basins and be piped to the underground system where the water will be treated before being released into the off -site storm water system. City Planner Ridley explained that the developer is responsible for soil boring to ensure adequate sub - structure for the buildings. He stated as with any noise complaint in the city, the Police Department or Zoning Enforcement will enforce the noise ordinance, restricting owners from making noise between 10:00 p.m. and 7:00 a.m. He stated there will not be any flood 131 Advisory Planning Commission March 27, 2012 Page 4 of 11 lighting as the facility will be illuminated internally and will be fenced. No light should escape the site in any direction. He stated any development on the site will be visible to the park. He stated the Advisory Parks and Recreation Commission has suggested that mitigation trees be placed along the south side of the park for screening and to soften the views of the property from the park. He stated the building meets setback requirements and therefore, placement is appropriate. He stated the Advisory Planning Commission does not speak to property values. The landscape plan was displayed and discussed. Kurt Manley, Manley Development, stated the design of the buildings will not be of the same scale as the Chanhassen Motoplex facility and that these buildings are much shorter. He stated there will be no construction traffic through the neighborhood, a construction supervisor will be on staff, and all access will be via Highway 3 with a turn lane to prevent.obstruction of traffic flow on Hwy. 3. He stated the facility is for classic car collectors to store vehicles and it is not anticipated intended for owners to work on their cars. He stated the soil borings returned negative and if contamination is found, it will be addressed. He displayed the - lighting plan and stated the facility is completely lit internally with building mounted wall - packs. He addressed parking concerns by explaining that all units and driveways are two stalls wide and parking. Also, the drive aisles are 24' wide and when there are larger event, parking will be inside and in front of the units and along the drive aisles. He stated the turn lane on Hwy. 3 will be constructed and paid for by the developer. City Planner Ridley discussed the phased approach to development and possible interior facing facade visibility during construction. City Engineer Russ Matthys stated public safety and access for emergency vehicles is adequate and suggested single - sided parking on the drive aisles during events for better access in case of emergency. Member Filipi moved, Member Piper seconded a motion to recommend approval of a Rezoning from Neighborhood Business to Planned Development for six acres located west of Highway 3 and north of.Diffiey: Road. All voted in favor. Motion carried 5-0. Member Piper moved, Member Vanderpoel seconded a motion to recommend approval of a Planned Development to allow eight buildings with a total of 76 — 24' x 48' storage units (garages) and a club house, subject to the following conditions: 1. A Preliminary Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office prior to issuance of a building permit. Proof of recording shall be provided to the City. The following plans are required for the Agreement: • Site Plan • Building Elevations • Landscape Plan • Tree Mitigation Plan • Lighting Plan 2. Any prospective add -on uses for the club house i.e. accessory product sales and /or service for the storage users shall be identified, reviewed and approved by the City. Advisory Planning Commission March 27, 2012 Page 5 of 11 3. No unit owner residences or businesses shall be allowed; this shall also be a covenant restriction. 4. Refuse /recycling collection areas shall be identified on the Site Plan. 5. Association documents shall be prepared and submitted for review and approval by the City Attorney and these documents shall be recorded against the property prior to any Building Permit issuance. 6. The interior - facing facade elevations are allowed with a prefinished metal primary surface. 7. The following building facades shall meet the City Code standard for materials and percentage breakdown: Building A: North, south and east Building B: North, south and east Building C: North Building D: North and west Building E: West Building F: North, south and west Building G: South and east Building H: North, south and east 8. If the proposed parapets do not adequately screen the mechanical equipment, the developer shall provide an alternative screening mechanism. 9. The applicant shall execute the temporary access/construction easement prepared by the City Attorney for mutually agreed upon portionof Captain Dodd Park. The Developer and the City shall also agree on the parameters for the use of the easement and restoration of same. 10. The designer of the erosion /sediment control plan required: under the MPCA permit shall be certified through a state erosion /sediment control design training course, such as offered by the Minnesota Department of Transportation, or a City - approved equal erosion /sediment control design training course. 11. The underground stormwater infiltration systems than be designed in accordance with City code, state water quality. and engineering standards, and based on the available infiltration rates of the on -site soils. 12. The applicant shalt be responsible for annual inspection and maintenance of the stormwater features and for providing the City documentation of these activities. 13. The developer shall be.responsible to maintain the underground stormwater infiltration systems in accordance With City' engineering/vater quality standards, under a maintenance agreement in form acceptable to the City Attorney. 14. The developer shall extend sanitary sewer and water main to the south edge of the deopment, at an adequate depth to serve the property to the south (4135 South Robert Trail)inaccordance with City engineering standards. 15. This developer shall meet all conditions of plat approval and permit approval as required by MnDOT, including constructing a right -turn lane for south bound Highway 3. 16. The applicant submit a revised Tree Mitigation Plan that indicates the installation of sixty -four (64) Category A trees (or an equivalent number of Category A, B, or C trees) as fulfillment of Tree Preservation requirements. 17. The Developer shall install tree mitigation trees within the temporary easement and in proximity to the conservation easement area as approved by the City. All tree plantings in these areas shall be field verified by City Forestry staff before installation. 18. The developer shall be responsible for replacement of dead or dying material for the first year. 19. The applicant shall protect the preserved woodlands and individual tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees /woodlands to be preserved on -site. Advisory Planning Commission March 27, 2012 Page 6 of 11 20. The applicant shall contact the City Forestry Division and set up a pre- construction site inspection at least five days prior to the issuance of the Grading Permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 21. Park Dedication shall be met through the creation of a Conservation Easement over the undeveloped portion in the northwest quadrant of the site. The developer and City shall agree on the easement area, the developer shall prepare the legal description of the area and the City Attorney shall prepare the easement document. 22. Trail dedication shall be met via a cash dedication. 23. The City shall grant a temporary access /grading easement to the developer over a mutually agreed upon portion of Captain Dodd Park. The developer and the City shall agree upon parameters for the use of the easement and restoration. All voted in favor. Motion carried 5 -0. 1D PLANNING REPORT CITY OF EAGAN REPORT DATE: March 23, 2012 CASE: 24- RZ- 01 -02 -12 APPLICANT: Kurt Manley HEARING DATE: March 27, 2012 PROPERTY OWNER: Thomas Finn Co. APPLICATION DATE: February 29, 2012 REQUEST: Rezoning PREPARED BY: Michael J. Ridley, AICP LOCATION: South Robert Trail (Hwy 3) COMPREHENSIVE PLAN: O /S, Office /Service ZONING: NB, Neighborhood Business SUMMARY OF REQUEST The applicant is proposing a Rezoning, Preliminary Planned Development and a Final Plat to create the Eagan Car Club as a place for individual owners to store high -end or restored vintage vehicles and other high- quality storage in customizable garage spaces. AUTHORITY FOR REVIEW Rezoning: City Code Chapter 11, Section 11.50, Subd. 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 regulations of any district may only be made by an affirmative vote of two - thirds of all members of the council. 2. The City Council shall not rezone any land or area in any zoning district or make any other proposed amendment to the zoning ordinance without first having referred it to the planning commission for its consideration and recommendation. Planned Development: City Code Chapter 11.60, Subd. 18, A., states the intent of the Planned Development zoning district as follows: 141 Planning Report — Eagan Car Club March 27, 2012 Page 2 1. Providing greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. 2. Recognizing the economic and cultural advantages that will accrue to the residents of a planned community. 3. Encouraging a more creative and efficient approach to the use of the land. 4. Encouraging the preservation and enhancement of desirable site characteristics, natural features, and open space. 5. Encouraging a development pattern that is consistent with land use density, transportation facilities and community facilities objectives of the Comprehensive Plan. BACKGROUND /HISTORY The site is undeveloped and unplatted. EXISTING CONDITIONS The approximately 6 acre site is undeveloped land with public access to Highway 3. The site contains significant topography that ranges from a highpoint elevation of approximately 904 to a low point of approximately 828. There is a mature stand of trees along the western boundary of the site; the remainder of the site is generally open grass land with a couple of small stands of trees near the center of the site and along the east, southeast edge along Highway 3. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Captain Dodd Park Park Park South Valley Blacktop Transitional Office /Service East Undeveloped /IGH Industrial Office Park General Industrial West Single Family R -1 LD EVALUATION OF REQUEST Compatibility with Surrounding Area — The proposed use appears compatible to surrounding uses. There is a mini - storage facility to the north in IGH, Valley Blacktop to the south and future industrial office park development to the east, also in IGH. 142 Planning Report — Eagan Car Club March 27, 2012 Page 3 Proposal — The plans call for 76 — 24' x 48' storage units (garages) and two bays dedicated for a club house and possibly accessory products and /or service for the storage users. These potential add -ons should be identified, reviewed and approved by the City. Each unit will be individually owned as a condominium. No unit owner residences or businesses will be allowed by covenant. Owners will have the option to customize their units via individual Building Permits; this may include individual utilities to accommodate mezzanines, restrooms, sinks, kitchens as well as heating and cooling systems. An Owner's Association will be formed to handle general maintenance, snow removal, security and trash removal. Community trash/recycling collection areas should be identified on the Site Plan and the design of same should be illustrated. Individual unit security will be the owner's responsibility. Association documents should be prepared and submitted for review and approval by the City Attorney. The Association documents should be recorded against the property prior to any Building Permit issuance. Site Plan — The Site Plan calls for a total of 76 storage garages and two bays dedicated for a club house to be located in eight, free - standing buildings. The perimeter of the site will be secured by the buildings themselves and a prefinished 8' tall metal fence. Planned Development — The applicant is proposing a Planned Development because the plan calls for multiple buildings on a single parcel and development will occur with a two -phase approach; only the Planned Development Zoning District allows multiple buildings on a single parcel. Exterior Materials — The developer is proposing a mix of brick, glass, stucco, prefinished metal and textured CMU (concrete masonry unit). The City Code requires certain percentages of materials to be used for building exteriors. In this case, newly constructed buildings shall use at least two Class I materials and the building must be finished with at least 65% Class I materials and not more than 35% of Class II or Class III materials and not more than 10% of Class IV materials. The materials by class and percentage breakdown are listed in the table below: Class I Class II Class III Class IV 65% Clay -based masonry units; brick (integrally colored), natural stone, glass /spandrel glass, architectural metal panels which cover a I43 Planning Report — Eagan Car Club March 27, 2012 Page 4 wall (e.g. copper panels) 35% Specialty concrete block such as textured, burnished or rock -faced block, masonry stucco, manufactured stone 10% Exterior Insulation and Finish Systems (EIFS), architecturally precast textured concrete panels, glass block, ornamental metal building accents 10% Smooth concrete block, smooth scored concrete block, smooth concrete tip up panels, ceramic, wood Due to the proposed design of the site and elevation changes on and off site, the developer is proposing to meet the exterior materials requirements for all of the building facades that will be visible from off site and from the adjacent public r -o -w. The typical elevations for the `exposed' facades call for approximately 66% brick, 32% decorative CMU and the remainder a prefinished metal accent. The interior- facing facade elevations are proposed to be finished primarily with prefinished metal surfaces which is not consistent with the required mix of materials. The suitability of this approach is a policy question to be considered by City officials. All overhead garage doors providing access to the individual units will be on the interior- facing elevations. Should this approach be acceptable, staff suggests that the following building facades* should have the standard treatment: Building A: North, south and east Building B: North, south and east 'L4 Planning Report — Eagan Car Club March 27, 2012 Page 5 Building C: North Building D: North and west Building E: West Building F: North, south and west _ Building G: South and east Building H: North, south and east * Per the Architectural Site Plan received March 1, 2012. Lighting Plan — Site lighting is primarily provided by wall -pack fixtures. The light levels appear to adequately cover the site to provide visual security and the light levels at the property boundaries are appropriate. Landscaping — The Landscape Plan appears acceptable. The applicant is proposing a variety of over -story and coniferous plant material in addition to assorted shrubs and perennials that will provide year -round color and soften and enhance the appearance of the buildings from the perimeter of the site. Some of the landscaping and tree mitigation is proposed to be located on City -owned property north of the subject site within Captain Dodd Park. The applicant is seeking a temporary construction easement in this location. The easement would allow the developer to blend the slopes of the park and development site together and forego the potential need for a significant retaining wall along the property line. Upon completion of the grading, the developer has proposed to restore the site using an appropriate seed mix and erosion control fabric. The City has also requested that mitigation trees required due to the amount of removal (tree mitigation is discussed later in this report) be planted in the easement area to create a visual buffer /screen between the park and the development. Because of the elevation of the park, planting the trees in the easement area will increase their benefit to the public as opposed to planting at a lower elevation immediately adjacent to the development. The Park & Recreation Commission is recommending approval of this temporary easement. Mechanical Equipment — The applicant's narrative states the project will utilize raised parapets around the perimeter of the buildings to screen possible mechanical units from the perimeter of the site. If the proposed parapets do not adequately screen the mechanical equipment, the developer should provide an alternative screening mechanism. Grading/Topography /Erosion Control — The preliminary grading plan is acceptable. The existing site is generally open and slopes to the north and west, with large variations in topography, with elevations ranging from 900 along the south edge of the site to 830 in the northwest. Portions of the site are 30 to 40 feet in elevation above existing single - family properties to the west, and 10 to 20 feet above Highway 3 to the east. Private retaining walls are proposed throughout the site to account for the large variations in elevations. 14V) Planning Report — Eagan Car Club March 27, 2012 Page 6 The preliminary grading plan shows some grading along the southern edge of the City's Captain Dodd Park property (approximately 550' x 30'). Grading of the site will require a Minnesota Pollution Control Agency storm water permit for construction activity for developments of more than one acre in size. The developer must meet all requirements of this permit. The designer of the erosion/sediment control plan is required under the MPCA permit to be certified through a state erosion/sediment control design training course, such as that offered by the Minnesota Department of Transportation, or a City- approved equivalent. Storm Drainage — The preliminary storm drainage plan is acceptable. Storm water runoff from the development is proposed to be managed for water quality and quantity purposes through underground infiltration systems, as provided by City Code, in lieu of traditional ponding and to reduce grading disturbance in the northwest corner of the site. These underground infiltration systems should be designed in accordance with City and state water quality and engineering standards, and based on the available infiltration rates of the on- site soils. The developer should be responsible to maintain these storm water systems in accordance with City engineering/water quality standards, under a maintenance agreement in a form acceptable to the City Attorney. Utilities — The preliminary utility plan is acceptable. Sanitary sewer and water main pipes of sufficient size, depth and capacity are available for connection within Highway 3 right -of -way northeast of the site. These connection points are within Inver Grove Heights, but are available for extension through the existing Joint Powers Agreement Eagan has with Inver Grove Heights. The developer should extend sanitary and water main to the south edge of the development site, at an adequate depth to serve the property to the south (4135 South Robert Trail) in accordance with City engineering standards. Access — Full build -out of this development is anticipated to generate approximately 25 vehicle trips /day. Public access is available only to State Highway 3 (also known as South Robert Trail) to the east. The MN Department of Transportation (MnDOT), who has jurisdiction over Highway 3 and they have stated a requirement for the developer to construct a right turn lane on Highway 3 for southbound traffic. A permit to construct the proposed access will also be required from MnDOT. The developer should meet all conditions of plat approval and permit approval as required by MnDOT. Water Quality /Wetlands —There are no wetlands on site, and City Code §11.67, wetland protection and management regulations, does not apply. Planning Report — Eagan Car Club March 27, 2012 Page 7 Easements /Rights of Way /Permits — The developer should be responsible for acquiring permit approval from the MN Department of Transportation for all work within Highway 3 right -of- way, prior to Building Permit approval. Financial Obligation — At this time, there are no pending assessments on the parcel proposed for platting. Based upon a study by City staff of the financial obligations collected in the past and proposed use for the property, the following estimated charges will be collected at time of building permit or connection to the City's utility system. The final charges will be computed using the rates in effect at time of connection or subdivision. The estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the building permit or plat. Improvement Use Rate Quantity Amount Water Trunk C/I $2,950/ac 5.94 acres $17,523 Total $17,523 Tree Preservation — A tree inventory submitted with this application indicates that there are one - hundred forty -one (141) significant trees existing at this site. This individual tree resource is comprised of oak, cottonwood, maple, elm, black cherry, boxelder, and cedar trees. Tree diameters range from 6 inches to 38 inches. According to the Tree Preservation Plan submitted, significant tree impacts will result in the removal of ninety (90) significant trees (63.8% of the total). Per the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal (single -lot single -phase commercial) is set at 30% of the total significant trees. Because the proposed significant tree removal is more than allowed without mitigation, there is required tree mitigation that calculates to sixty -four (64) Category A trees (or an equivalent number of Category A, B, or C trees). The applicant has submitted a Tree Mitigation Plan that indicates the installation of thirty -nine (39) Category A trees. Therefore the application is short 25 Category A trees from being complete. A revised Tree Mitigation Plan should be submitted that fulfills the required tree mitigation amount. The Park & Recreation Commission is recommending that mitigation trees should be planted on the west side of the site (near the proposed conservation easement) and on the north side of the site on the park property over which the temporary access easement is requested. The trees will 1 ul Planning Report — Eagan Car Club March 27, 2012 Page 8 provide for reforestation of the proposed graded area within the park and for improved visual screening of the proposed buildings from the park. The placement of the mitigation and landscape trees near the conservation area and north of the site in Captain Dodd Park should be field verified with City Forestry staff prior to installation. Parks and Recreation — At the time of development of a new site, the APrC has the option of making a recommendation regarding the park dedication that will be required from the development. Park dedication options generally include the fee title dedication of land or cash payment based upon the type of development. Recent State legislation has put the onus on local units of government to justify dedications, especially those associated with fee title ownership. This development site is located immediately adjacent to Captain Dodd Park. Given the steep slopes, the configuration of the proposed development and difficulty in accessing the site from the existing park, a fee title dedication may not be appropriate. However, the northwest portion of the development site does contain 44 significant trees including Black Cherry and Oak that may merit additional protection beyond that afforded in the City tree preservation requirements. To that end, the provision of a Conservation Easement in favor of the City may have multiple benefits. A Conservation Easement is a set of restrictions that a landowner would place upon a property to preserve its conservation values. The conservation values of the property and the restrictions that would preserve those values (no tree removal etc), along with the rights reserved by the landowner are detailed in a legal document. This document is filed with the County and becomes part of the property record and would remain with the property regardless of ownership. Each Conservation Easement is unique as determined by the site and the needs of the owner. In this instance, given the location and character of the site, it may be appropriate to consider the development of a Conservation Easement, in favor of the City, as fulfilling the park dedication requirements. It would be the responsibility of the land owner to provide a legal description of the easement area. On March 20, 2012, the Park & Recreation Commission recommended approval of a Conservation Easement as the approach to fulfilling the park dedication requirement and the requirement of a cash trail dedication. SUMMARY /CONCLUSION The applicant is proposing to create the Eagan Car Club on approximately six undeveloped acres located on the west side of South Robert Trail (Highway 3), just north of 4135 South Robert Trail. Planning Report — Eagan Car Club March 27, 2012 Page 9 76 — 24' x 48' customizable storage units (garages) and two bays dedicated as a club house. Each unit will be individually owned as a condominium. Owners will have the option to customize their units via individual Building Permits; this may include individual utilities to accommodate mezzanines, restrooms, sinks, kitchens as well as heating and cooling systems. ACTION TO BE CONSIDERED To recommend approval of a Rezoning from Neighborhood Business to Planned Development for six acres located west of Highway 3 and north of Diffley Road. To recommend approval of a Planned Development to allow eight buildings with a total of 76 — 24' x 48' storage units (garages) and a club house. If approved the following conditions shall apply: 1. A Preliminary Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office prior to issuance of a building permit. Proof of recording shall be provided to the City. The following plans are required for the Agreement: • Site Plan • Building Elevations • Landscape Plan • Tree Mitigation Plan • Lighting Plan 2. Any prospective add -on uses for the club house i.e. accessory product sales and /or service for the storage users shall be identified, reviewed and approved by the City. 3. No unit owner residences or businesses shall be allowed; this shall also be a covenant restriction. 4. Refuse /recycling collection areas shall be identified on the Site Plan. 5. Association documents shall be prepared and submitted for review and approval by the City Attorney and these documents shall be recorded against the property prior to any Building Permit issuance. 6. The interior- facing facade elevations are allowed with a prefinished metal primary surface. 149 Planning Report — Eagan Car Club March 27, 2012 Page 10 7. The following building facades shall meet the City Code standard for materials and percentage breakdown: Building A: North, south and east Building B: North, south and east Building C: North Building D: North and west Building E: West Building F: North, south and west Building G: South and east Building H: North, south and east 8. If the proposed parapets do not adequately screen the mechanical equipment, the developer shall provide an alternative screening mechanism. 9. The applicant shall execute the temporary access /construction easement prepared by the City Attorney for a mutually agreed upon portion of Captain Dodd Park. The Developer and the City shall also agree on the parameters for the use of the easement and restoration of same. 10. The designer of the erosion/sediment control plan required under the MPCA permit shall be certified through a state erosion/sediment control design training course, such as offered by the Minnesota Department of Transportation, or a City- approved equal erosion/sediment control design training course. 11. The underground stormwater infiltration systems shall be designed in accordance with City code, state water quality and engineering standards, and based on the available infiltration rates of the on -site soils. 12. The applicant shall be responsible for annual inspection and maintenance of the stormwater features and for providing the City documentation of these activities. 13. The developer shall be responsible to maintain the underground stormwater infiltration systems in accordance with City engineering/water quality standards, under a maintenance agreement in a form acceptable to the City Attorney. 14. The developer shall extend sanitary sewer and water main to the south edge of the development, at an adequate depth to serve the property to the south (4135 South Robert Trail) in accordance with City engineering standards. 15. This developer shall meet all conditions of plat approval and permit approval as required by MnDOT, including constructing a right -turn lane for south bound Highway 3. X 51) Planning Report — Eagan Car Club March 27, 2012 Page 11 16. The applicant shall submit a revised Tree Mitigation Plan that indicates the installation of sixty -four (64) Category A trees (or an equivalent number of Category A, B, or C trees) as fulfillment of Tree Preservation requirements. 17. The Developer shall install tree mitigation trees within the temporary easement and in proximity to the conservation easement area as approved by the City. All tree plantings in these areas shall be field verified by City Forestry staff before installation. 18. The developer shall be responsible for replacement of dead or dying material for the first year. 19. The applicant shall protect the preserved woodlands and individual tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees /woodlands to be preserved on -site. 20. The applicant shall contact the City Forestry Division and set up a pre - construction site inspection at least five days prior to the issuance of the Grading Permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 21. Park Dedication shall be met through the creation of a Conservation Easement over the undeveloped portion in the northwest quadrant of the site. The developer and City shall agree on the easement area, the developer shall prepare the legal description of the area and the City Attorney shall prepare the easement document. 22. Trail dedication shall be met via a cash dedication. 23. The City shall grant a temporary access /grading easement to the developer over a mutually agreed upon portion of Captain Dodd Park. The developer and the City shall agree upon parameters for the use of the easement and restoration. 151 Location Map Wnd \l I I I I n ,� r • \Z 1 it -. aering Walk Park ' '', is = , .-� k �.,' / o,,..a ■ Ya n Ma. Doodl �� � j X 1 1 ■■ i � f` , '� � Bridle Ridge�Park o 4 gh ' ' , i ZI u - ■ ., 4, • Dfl Y R d i of4IIIS 4.4it , ; ,® _ re#4 1.14 4 11111 7■ ∎ ∎ . 4 = Map Area E xtent al VOIlliti 1-- 4) %AI illrfV* ■ IN ridifiv me NI .. ��� rte.— 46, o ♦ r r P 1104 4 ® 0/11111112 .. ® I` IIA Park S ®� 0 0 li z ` ®® �lp ®A ! Captain '---c- 'P Park air ,'� ......,, Subject Site 1 'Iry . ® ems®®r kj o dir/ PPrill IP %/r1 , i®° • riot siLwr / A t. ® e ® i ®� II mi r� ®� ►r® i■� 14 o OP∎ ;e ®4 rah. EMI 1 ■a'a��Ig4HhIItIa1' ► ir \ / W 1 ma / 1 Mil" -- t kg- P WIC 1 rf,,,-, 14 4AsEgres, or% ; NzA:,-.1...., *- ..141L, ..... ���1� Ma i s • � � � La), l � s. ,/11� PSI 0►a 1 1 1 I f eet Project Name: Eagan Car Club 0 500 1,000 2,00 Request: Rezoning & Preliminary Planned Development Legend Case Nos.: 24- RZ- 01 -02 -12 & 24- PD- 01 -02 -12 M�1C � City Boundary Parcels A Parks Buildings N City of Evan 152 4 1/` Current Zoning and Land Use Map City of EakaIl Application: Eagan Car Club Type: Rezoning Case No.: 24- RZ- 01 -02 -12 v \\ 4 - 4. Subject Site . � . �10 1 1_1 min . Zoning � O , : kV... W � / � � � � NT' C - NB Neighborhood Business .V ' ' o'‘ , ailliblei gier . ♦a Re'. " : R 1 ...... . !Ii Z 11111 W :. S.A.H. 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M i — MI i Mi + — MIN l k C NM - 4 11111 A al /i :1 \ ow me ■ H g -0-a - ril _ .. iiiiiiii ,, = [III: WitillIU M. ;1 E S P t R� g g f 1 1'' \i ..el en m m � p q HIJi! 1 ; bid !dill/ Z r ,. z O � d i y ���F # Pig R I Z /CO X WNW., lee 0."\W Ma_ I I.YI \WAq \v oW \eee0 !312 01l0.A307 MAW UMW..J.. ° • n Q o $ $ $ 0 -''' ' " O O, Ol Z • • Z N e n • n = x • O I ,, ... _. a •� .. Al 9 AI Q — ,1 [IA:: /' \ LI '0 7 \ \ .---I ■--- \ I5g 1 " F P e g El a. \ \ : 2 r l l 1 i 1 E X m iFM I � " 6 n gL E g € N Z e 9 f v� I' " 1414"(31.4 t Minnesota Department of Transportation Metropolitan District �,. u,s/ Waters Edge Building RECEIVED °F 1500 County Road B2 West Roseville, MN 55113 MAR 2 j 2012 March 21, 2012 Mike Ridley City of Eagan 3830 Pilot Knob Rd. Eagan, MN 55122 SUBJECT: Eagan Car Club #S12 - 009 TH 3 - The property site on the west (Eagan) side of the Eagan/Inver Grove Heights border, north of Diffley Rd. Eagan / Dakota County Control Section 1921 Dear Mr. Ridley: The Minnesota Department of Transportation (MnDOT) has reviewed the above referenced plat in compliance with Minnesota Statute 505.03, Subdivision 2, Plats. MnDOT staff has the following comments: Traffic: A right turn lane is warranted at this location and is required for the proposed access. The driveway should be designed to accommodate the design vehicle, which is most likely a passenger car with a boat trailer. The lane should be 12 ft. wide with a 1'h ft. shoulder and have a length of 300 ft. with a 1:5 taper. The existing shoulder will need to be removed by a sawcut at the edge of the through lane. Please submit the turn lane design and the appropriate turning templates for review. For questions concerning these comments, contact David Sheen, MnDOT Metro District Traffic, at 651- 234 -7824. Design: The MnDOT Road Design Manual (http: / /roaddesign. dot .state.mn.us /roaddesign.aspx) and MnDOT Standard Plate 9000 Approaches and Entrances offer design guidance for driveway entrances. While the following is not an all- inclusive list, the following areas should be addressed in subsequent plans: • Approach grade of 0.5% for 25 ft. or 15 ft. minimum. Your plans show 2 %. • Driveway side slopes of 1:6 or flatter. It appears that there is a 1:3 side slope. • The shoulder does not stop at the driveway but continues beyond the driveway. Using your design vehicle, verify that the turning vehicles track on the pavement and not on the shoulder. If the culverts are in the clear zone of TH 3, they may need safety aprons. (05 For questions concerning these comments, contact Nancy Jacobson, MnDOT Metro Design, at 651 -234 -7647. Materials The applicant will need to perform a geotechnical investigation for right turn lane construction. MnDOT Materials requests that one core of the shoulder pavement and one boring to a depth of 5 ft. is sufficient. Both of these could be in the same spot, through the shoulder pavement of the proposed turn lane. After this is performed, MnDOT Materials will make a recommendation for pavement (or the applicant can make a recommendation for approval). For questions concerning these comments, contact Chris Kufner, MnDOT Metro Materials, at 651- 234 -7352. Permits: A MnDOT Access Permit will be required. The Permit application must include plans showing the required right turn lane and bypass lane, including signing and striping. MnDOT Permits will also need to determine the number and value of any trees to be removed from MnDOT right of way. Any use of or work within or affecting Mn/DOT right of way requires a permit. Permit forms are available from MnDOT's utility website at www.dot.state.mn.us /tecsup /utility . Please include one 11 x 17 plan set and one full size plan set with each permit application. Please direct any questions regarding permit requirements to Buck Craig, MnDOT's Metro Permits, at 651 -234- 7911. Review Submittal Options: MnDOT's goal is to complete the review of plans within 30 days. Submittals sent in electronically can usually be turned around faster. There are four submittal options. Please submit either: 1. One (1) electronic pdf version of the plans. MnDOT can accept the plans via e-mail at metrodevreviews.dot@state.mn.us provided that each separate e-mail is less than 20 megabytes. 2. Three (3) sets of full size plans. Submitting seven sets of full size plans will expedite the review process. Plans can be sent to: MnDOT — Metro District Planning Section Development Reviews Coordinator 1500 West County Road B -2 Roseville, MN 55113 3. One (1) compact disk. 4. Plans to MnDOT's external FTP Site. Send pdf files to: ftp: / /ftp2.dot.state.mn.us/ pub / incoming /MetroWatersEdge /Planning. Internet Explorer does not work using ftp so use an FTP Client or your Windows Explorer (My Computer). Also, send a note to metrodevreviews.dot@state.mn.us indicating that the plans have been submitted on the FTP site. I (,0 If you have any questions, contact me at 651- 234 -7789. Sincerely, MdA4-1h.ly Molly McCartney Sr. Transportation Planner CC: Tom Link, Inver Grove Heights Scott Carlstrom, Water Resources Richard Cady, Water Resources Clare Lackey, Traffic David Sheen, Traffic Buck Craig, Permits Lee Williams, Right -of -Way Nancy Jacobson, Design Chris Kufner, Materials Sheila Kauppi, Area Engineer Dave Torfin, Surveys Ann Braden, Metropolitan Council William Goff, Planning Robert S. Molstad, P.E. Sathre- Bergquest, Inc. 150 South Broadway Wayzata, Mn. 55391 6,1 1 h. i 1 S C it � e? m Ra s : , ^ 7 -' r n : I R R 3 V � 3 t i € ` pp s � 33€ F d� 44444 ° gaZ �'. f- p ' � � f _ 'r • ' (n SC g i ; 1 ; i t Cc R 1 r it '1 _ S g I i l � q 3 P F. i 2 R 2 s "T ea - --I S =' E "` I. f x;; 3 G 1 i. _ iL :MN _ s g' l 3 i '! m } ii S 3 S - 0.1. ' R -'-', ' a • In a R r 6 i 6 I 3 A LT c $ 1 z ii a € $ A s r ,= 1 6 . p l e R r 1. 9 il i e R [ Y 8 it t Ri f s A r 9 I a R i r f R r • II a Ir s tEe Fit 11 ° R i. A F 111; il R t 8 y . . 1 1 i Iir . 1 . A 1 1 ; • ;. i F 6 i 1 J 1 r! t w 1 II p I kk r i A F. B i ? A I a 9 A A t t ¢ FFF r r Z M tTI I I COUNTRY 1-10 :.O'.'; SECOND ADDITION: 1 c I I 1 1 _ _ _ _ L _ 500 ° 26 . 16 ^ W 396.52 I � lx S �C_ , ' - 1 —___ — e n 1 : , 1 �> I 2g 1 e 1 I 1 I p I e I ii c xiY U y3gi 11 r' ei1 , , ! � w � % 1 g I Sze 1111 ii1 C: ! o 5 f y M Z X 91t A g F `-- __ I '-__ 1 °_...._ S i E 3p_ 1 • g 1 III . 1 1= t y , .s t I 1 t 1 3}} I i, is "� Z n 1 11 1 Me ■ M -.....11,.....,,,,.. m � N 0 i W. C 2 il d .,,�� \ • f A 9i \ I I a s I Q >; ^ B q SPC y . xoo^swi� °1 'i? �O \ N00 ° 26 . 16 ^ E 1 173.09 � °m `ri re P ti I 4 a ` y \ . •00 , Agenda Information Memo April 3, 2012, Eagan City Council Meeting C. PLANNED DEVELOPMENT AMENDMENT — CHERRYBERRY ACTION TO BE CONSIDERED: To approve (OR direct preparation of Findings of Fact for Denial) a Planned Development Amendment to allow a 2,030 sq. ft. yogurt shop and monument sign at 1298 Promenade Place, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: At least three votes FACTS: ➢ CherryBerry proposes to occupy the remaining 2,030 sq. ft. which is the interior tenant space of the former Blockbuster building. ➢ A PD Amendment was approved in 2006 to allow for a Potbelly Sandwich Works restaurant and a subsequent PD Amendment in 2011 was approved for a Qdoba restaurant. The approval required the remaining tenant space to be retail -only. ➢ CherryBerry is described as a self -serve yogurt bar. The applicant states their peak business hours will complement the existing tenants and not compete with them. ➢ Since the structure has transformed from a single tenant to a multi- tenant building, signage is no longer located on the west elevation as it was when the building was a Blockbuster. ➢ The property owner proposed a monument sign be located on the west side of the property. A monument sign for that property was not part of the original sign package approved with the Promenade Planned Development. ➢ The Advisory Planning Commission (APC) held a Public Hearing on March 27, 2012 and is recommending approval of the yogurt shop; however, the APC is recommending denial of the monument sign. ISSUES: ➢ An adjacent property owner spoke in opposition to the proposed monument sign because his business is not allowed a monument sign. ➢ APC members stated a precedent was set with the transformation of the Ethan Allen building when it became a multi- tenant building. That building was allowed additional wall signage as a multi- tenant building, no additional free - standing signage was allowed. 60 DAY AGENCY ACTION DEADLINE: April 15, 2012 ATTACHMENTS: (3) Location map on page 17D ^u Draft March 27, 2012 APC minutes on age 1 l artd 112. Staff report on pages aathrough 1 1 409 Location Map -Pilot Knob Park ` • / - .a kRd ' 1 �' i y r irii�r � % B ,,,1'.fi c 1 11.0. Qom .I / IPA a �oo HEE, / � ' t 4 . a jiMIW rli■ alli 4 , e4i 3, -,_, 4'4 0, - - -' , Dm. 44 - ., _ .., . ... - h � r ® ® '� '� Moonsh P - ` c iinRe i—i = A _ © _ _ _ AV- TO ®B®© 044 %) ©— Map Area Extent . a4 s ® D , - t'y��`,��^���''�lf `�'¢ 1 DRIVE � - d `_ f �* � d.�, + a c .:4 .. ,a g c y ' , o r.' Q' Sr CEN" - i iit i S O 41. ,t ---- f 0 M ARICE DR , w F U % �1R ii Yea� z k4- 4 1 I g ; `., + y S u b j e c t Sit '4- ) - - _ s s yy le �. Y N ill 2 4) / E1 L� UUUN I Y KUAU NO. (YA NKtt DOODLE KUAU) vi ! 1 ___ . 3 a fi ILI. A TOWN "FNTR- A : - - . � . .. t a s =s ri 3 ` © TOWN EN IRE DRI 3 Light v • _ A 13 # 3 97 111 - 3 • 1 $ n _ .a i 7 LYE:; 1 ?ark ® ®em® . _t,, o Leary Lfake Park i lit ] 'ir,,, __- 7_ -* rk Al ' 2 1 ' i =WOW 1130 Teak - 1 ? - „,e;.„, ' :::i 8 ' ., .,::-.... A v ©9.=� 1 0°9 �t 0 Y s ® � W i 40 © � "� : ® � �i Iva ®nhuniMM. • � -'' rump.- Inn _ DUCKW000 DRIVE -'--i - 1111 1 ..$4 " ti _ R7�L. 1 es1 • tea© ®,H & . � i: _ e.� . G • - £- - 4 r: 1 ► 1 I Feet Project Name: CherryBerry 0 500 1,000 2,000 Request: Planned Development Amendment Legend Case Nos.: 10- PA- 01 -02 -12 ,,i„. U .E City Boundary Parcels / ;Parks / / /' � Buildings N City of EakaIl j*it) Advisory Planning Commission March 27, 2012 Page 7 of 11 C. CherryBerry Applicant Name: Holland Investment Group dba Cherryberry MN Location: 1298 Promenade Place; Lot 2, Block 2, Eagan Promenade Application: Planned Development Amendment A Planned Development Amendment to allow a frozen yogurt shop and a monument sign File Number: 10- PA- 01 -02 -12 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated March 21, 2012. She noted the background and history. Dan Nelson, Holland Investment Group dba Cherryberry MN discussed the operation and its customer base. He stated approximately half of the customers will dine in. Chair Heaney opened the public hearing. Tom Giguere, owner of Dairy Queen, stated opposition to the monument sign because Dairy Queen is not allowed a monument sign. There being no further public comment, Chair Heaney dosed the public hearing and turned the discussion back to the Commission. Member Dugan stated he has a business relationship with the applicant; however, he has not been approached regarding this matter and willvote on the item. City Planner Ridley explained that the approved signage plan for Eagan Promenade was very specific. It was determined that Dairy Queen has a tenant pal on a monument sign along with wall signage on the building. He stated staff would collect more information on the Dairy Queen signage and the related agreements prior to the City Council meeting on this item. Member Vanderpoel moved, Member Piper seconded a motion to recommend approval of a Planned Development Amendment to allow a 2,030 sq. ft. yogurt shop at 1298 Promenade Place, legaily described as Lot 2, Block 2, Eagan Promenade, subject to the following conditions as'`amended: 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 Plane • Building Sign Plan 2. The site shall be developed in conformance with the approved plans: a. Site Plan received March 8, 2012 b. Building Sign Plan received February 15, 2012 3. As prescribed by the Promenade PD, all building signs shall be individual channel letters. 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. 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. Advisory Planning Commission March 27, 2012 Page 8 of 11 6. There shall be no grease ducts and /or PRV's (Power Rooftop Ventilation) installed and utilized within this tenant space. 7. Outdoor dining is prohibited. All voted in favor. Motion carried 5 -0. Mr. Nelson requested that the consideration of the monument sign be tabled until the details are collected. Member Filipi moved, Member Piper seconded a motion to recommend approval of a monument sign related to a yogurt shop at 1298 Promenade Place, aegallydescribed as Lot 2, Block 2, Eagan Promenade, subject to the following conditions: 1. The Planned Development Amendment Agreement be executed allowing the sign, recorded at the Dakota County Recorders office prior to issuance of a building permit with a monument sign plan required per the agreement. 2. Site shall be development in conformance with the approved monument sign plan received March 8, 2012, as revised. Member Filipi stated the City set precedence with the redevelopment of the Ethan Allen site at the east end of the Promenade development, in allowing additional building signs rather than a monument sign. He stated approving the request would go against the original plan. Chair Heaney stated he will vote against the motion and suggested it be returned after more documentation is collected. All voted against. Motion failed 0-5. 112— PLANNING REPORT CITY OF EAGAN REPORT DATE: March 21, 2012 CASE: 10- PA- 01 -02 -12 APPLICANT: Holland Investment Group dba HEARING DATE: March 27, 2012 PROPERTY OWNER: Eagan Promenade APPLICATION DATE: Feb. 15, 2012 2009, LLC REQUEST: Planned Development Amendment PREPARED BY: Sarah Thomas LOCATION: 1298 Promenade Place 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 2,030 sq. ft. yogurt shop and monument sign 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. BACKGROUND /HISTORY 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. 113 Planning Report — Cherry Berry PDA March 27, 2012 Page 2 Most recently, approval was granted in July, 2011 to allow a 2,275 sq. ft. Class II restaurant (Qdoba) with outdoor patio dining, additional building signage, on sale liquor (beer /wine license) and a third, retail -only, 2,030 sq. ft. tenant space within the building. 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, Qdoba Restaurant Corp, another Class II restaurant, occupies 2,275 sq. ft. and the remaining 2,030 sq. ft., in between the two restaurants, remains 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: 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 II restaurant PD, Planned RC, Retail (Dairy Queen) Development Commercial EVALUATION OF REQUEST Description of Proposal — According to the applicant's narrative, "CherryBerry is a Self -Serve Frozen Yogurt Bar with peak business times (2 p.m. — 4 p.m. and 7 p.m. — 10 p.m.) that will complement the current tenants as their busy time periods are lunch and dinner." This proposal does not include installation of an outdoor patio or drive - through service. Building Modifications — There are no changes proposed to the exterior of the building. Parking — The City has historically considered this type of use to be more similar to retail than restaurant. The existing parking lot provides 92 parking stalls which was more than sufficient parking for the original retail building. As the building has converted into a multi- tenant building, parking has become more of a concern. 111 Planning Report — CherryBerry PDA March 27, 2012 Page 3 Based upon square footage for fast -casual restaurants (1 space /60 SF), Potbelly Sandwich Works requires 37 parking stalls and Qdoba requires 38 parking stalls for a total of 75 required parking stalls. For this reason, it was determined that the remaining 2,030 sq. ft. should be retail space as it will require 10 parking spaces based on 1 space /200 SF. This provides seven "extra" parking stalls. Square Parking Existing Footage Stalls stalls Required Potbelly 2,196 37 Qdoba 2,275 38 CherryB erry /Retail 2,030 10 CherrBerry space 2,030 34 as Fast - Casual Restaurant Total 6,501 85 (* 109) 92 *Fast Casual in lieu of retail Rooftop Mechanical Equipment — Rooftop Mechanical equipment is not identified on the plans submitted. 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. Additionally, since the City Council determined in 2011 that this tenant space should be retail only, there should be no grease ducts and /or PRV (Power Rooftop Ventilation) units installed as these are most commonly used with restaurants. Trash Enclosure — An additional trash enclosure was constructed with the Qdoba tenant improvement. The applicant proposes to increase the frequency of trash service instead of adding onto the trash enclosure once again. Landscape Plan — The applicant is not proposing additional landscaping. Signage — A new building sign is proposed on the east elevation. 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. The proposed sign consists of channel lit letters and is 4 ft. in height. The proposed sign area appears to be within the 15% limit for this Planned Development. Additionally, a monument sign is proposed on the west side of the property. Since the west elevation of the building is void of any building signage, this monument sign request appears reasonable. However, the sign exceeds the size of sign face allowed per City Code requirements (4 feet 6 inches vs. 4 feet) and should be revised to meet City Code. Financial Obligation — At this time, there are no pending assessments on the parcel. 115 Planning Report — Cherry Berry PDA March 27, 2012 Page 4 Storn Drainage — The proposed development will utilize the existing store drainage system on the site, which ultimately drains to Pond DP- 4.2 north of the development. 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 the previous and current use of the property. Because of its smaller size, the proposed use will generate less traffic than the larger former video store retail use. 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. SUMMARY /CONCLUSION CherryBerry, a frozen yogurt shop, proposes to occupy the remaining 2,030 sq. ft. of the vacated Blockbuster Video building at 1298 Promenade Place. The City has typically viewed this type of use to be most similar to retail versus a restaurant. This use has a reduced demand on parking and therefore should complement instead of compete with the existing uses on the property and their need for parking stalls. New building signage for CherryBerry is proposed on the east elevation. A monument sign is also proposed on the west side of the property. As proposed, the sign face is six inches larger than allowed per City Code. This sign should meet all City Code requirements. No other site changes are proposed. ACTION TO BE CONSIDERED The applicant is requesting approval of a Planned Development Amendment to allow a 2,030 sq. ft. yogurt shop and monument sign 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 Sign Plan • Monument Sign Plan 10 Planning Report — CherryBerry PDA March 27, 2012 Page 5 2. The site shall be developed in conforrnance with the approved plans: a. Site Plan received March 8, 2012 b. Building Sign Plan received February 15, 2012 c. Monument Plan received March 8, 2012, as revised 3. As prescribed by the Promenade PD, all building signs shall be individual channel letters. 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. 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. 6. There shall be no grease ducts and /or PRV's (Power Rooftop Ventilation) installed and utilized within this tenant space. 7. Outdoor dining is prohibited. rn Location Map , =. %Di illi! M■rAII■11121■7../112■1•11111., = Pilot Knob Park I i ' %i i � ti rrn i r ' P / a �� ! .( Irk_ Do..l -.R --- .�.r_ —.-?. ROAD - - ��(/ ii I � Q 103 ,-- , i,,,,,,,-i,,,, Empl Dane Rd i a1' Moonshine Par ' x a ( cnf! p pa ®11.74:740 ® . 4,4;:'4 ®® ' Map Area Extent a I :_ 1 'ice ° y p ® ® ; ® gip p ® Matt die It/A Ilk _ l ehtral Park Park < ' " { - :1'4' 1....; . , - t . .f---,,q 4" ', r r NORTHWOO PKWY +� CENTRPU j• w M �.. O it r c 3 z O £ a i i wtAh ': � ,, '� 1 : -- , a m < 4__x 7 + 3L.. ,. 2 . 3 `3 El., c, Subject Site ' -_ ippp ( .UUN 1 Y 1<UAU NU AI (YANKEE UUUULt NUAU) ' ®® 0111 . 0 :7 44 ® ' TO a a� � , ® r x �e TOWN t THE Dft '� 3 1 ® 3 _ w 11 * r O'Leary Lake Park fT'° Park �� ® ®�� At, U 1 . fit aa ] '''''IWIF 1 = 9 i cl d F J O OV i 3 ® ®®® Odg® "kF I � , ESA` `; ® ® ®® ® ®off ®; © � ® ) - _ _ - D UCKWOOD DRIVE I 1 I I Feet Project Name: CherryBerry 0 500 1,000 2,000 Request: Planned Development Amendment Legend Case Nos.: 10- PA- 01 -02 -12 join. 16,,i City Boundary Parcels /� Parks / / /�� \\ Buildings N City of Eapll 178 Current Zoning and Land Use Map '` City f Ea as y Application: CherryBerry Type: Planned Development Amendment Case No.: 10- PA- 01 -02 -12 3 ■ PD Bp PD N O WOE• P Y BP 7 Zoninq PD - Planned Development Y PD ce S Sit PD 0 i C z ¢ o W InEIN o a COUNTY ROAD NO.28 (YANKEE DOODLE ROAD) PD 7 I IL TOWN -FNTRF r)F • PR ., L CSC 7 1 J /»L R L B Wp•� P BP 7 - Land Use Plan R Y RC z Subject Site a RC, Retail Commercial w 0 N 1 MD tJ m a COUNTY ROAD NO.28 (YANKEE DOODLE ROAD RC 7 F I N S TRF • TOWN r)F \ O /.A RC RC N cis 0 300 600 1,200 Feet ) lq C/) ---- . -A___ AERIAL 1:..:_„.,._,.....,...t_____....„...........,..................-„,„....,....-1 ,....-,: O 1. 1 - __..... 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I '',° N Or a El t te y NARRATIVE Wednesday, February 29 2012 City Planner City of Eagan Planning Division 3830 Pilot Knob Rd Eagan, MN 55122 RE: Planned Development Amendment Submittal for Cherryberry Frozen Yogurt— Located at Eagan Promenade —12* Promenade Place E. Eagan, MN 55121 gs To Whom it may Concern, Please accept this Planned Development Amendment Submittal on behalf of Holland Investment Group D.B.A. Cherryberry Eagan. Enclosed are two checks: Escrow Deposit Fee of $1500 and Application Fee of $250. Application form is enclosed. Property Description: Lot 2, Block 2 Eagan Promenade, Dakota County, Minnesota Property ID Number: 10- 22472 - 020 -02 Certified Mailing List and Mailing Labels: Being Prepared by Stewart Title 612 - 375 -1100 Have been submitted. Notification Sign: (City of Eagan) Escrow Deposit: Enclosed Check $3000 Request Narrative: Listed below is the description of our Proposal for a PD Amendment. What do you want to do? Cherryberry is looking to pursue a Tenant Improvement for a Self Serve Frozen Yogurt Bar within the 6500sq Ft. Outparcel building at Eagan Promenade. This 6500sq ft Outparcel Location consists of an existing 2196sq ft Potbelly Restaurant and a 2275sq ft Qdoba fast casual restaurant. We will buildout the remaining 2030sq ft. Our project is scheduled to begin 4/15/12 with a projected opening of 6/1/12 Existing Land Use: The existing Land use for this subject property consists of a 2196sq ft Potbelly Restaurant, a 2275sq ft Qdoba Fast Casual Restaurant and 2030sq ft vacant space. Surrounding Land Use and Zoning within 660': 185 The surrounding Land Use for this Subject Property is comprised of Retail and Restaurant Use and Zoned Planned Development (PD). What impact does the Planned Development Amendment have on the surrounding property and Land Uses? This Amendment will not impact any of the surrounding properties and /or Land Use. It is the intention of Cherryberry to follow the Declaration of Reciprocal Easements, Covenants, Conditions and Restrictions provided to use by the Landlord in order to maintain the uniformity of Eagan Promenade. What impact does the Planned Development Amendment have on the Subject property? This Amendment will allow Cherryberry to improve the existing interior of this vacant space. Our peak business times (2pm -4pm, 7pm -10pm) complimenting the current tenants as their peak time periods are lunch and dinner. We will install brand signage and a remodeled interior to improve the experience of existing Promenade Patrons. What Impact will the Planned Development Amendment have on the City Services? This amendment will have minimal impact on City Services at this outparcel location. Does the requested Land use proposed by the Amendment result in a better use of the Land? Yes. The proposed Amendment results in a better use of the land by allowing a tenant to take possession of a 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 State and Local Taxes. As well as providing the public with a healthy desert option. Trash Enclosure and removal: Current trash service will be increased. We can have trash picked up Monday through Saturday and will adjust service according to need. Monument Signage: To be submitted by Property Owner. Accuracy of Lobby Seating Plan: • The plan submitted with original application is correct. Are layout calls for 36 indoor seats in our lobby area. Please accept this submittal on behalf of Holland Investment Group d.b.a. CherryBerry for the request of a Planned Development Amendment for the above mentioned location. If you have any other questions, concerns or need clarification on anything please don't hesitate to contact me at the number below. Sincerely, Dan Nelson Holland Investment Group Cherryberry of MN 612 - 963 -2215 119(0 m _ n Inll�f�ll O m - _ = H.J. DEVELOPMENT INC. gy m' -- u ,� • .� �''® COMMERCIAL REAL ESTATE • MANAGEMENT AND DEVELOPMENT March 9, 2012����" � ° 0 Sarah Thomas City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: Proposed Monument Sign 1298 Promenade Place, Egan, MN Dear Sarah: H.J. Development, Inc. on behalf of Egan Promenade 2009, LLC is requesting permission to construct a monument sign on site at the above referenced property. The sign would be located on the southwest corner of Denmark Avenue and Promenade Place. Construction/build materials include: concrete, rebar, GFI circuit, photo -cell, decorative block, three illuminated sign panels, and a top cap with internally lit logo. The monument sign would be approximately 7' 0" tall by 8' 0" wide (see attached). At present a monument sign does not exist on site. In addition, tenants are not allowed to install signage on the back (west facing) of the building. This severely limits their visibility and exposure to traffic along Denmark Avenue and Yankee Doodle Road. While this may not have been an issue when the building was occupied by Blockbuster, a single tenant, that is no longer the case. The space was redeveloped in 2011, and is now a multi- tenant building. Installing a monument sign on site would provide all occupants exposure from the south and west. Visibility is a key component of a successful retail business. H.J. Development would like to provide all tenants with ample identification and signage. We believe installation of a monument sign on site would achieve this result. We appreciate your consideration of this request and look forward to your response. Sincerely, Kelly Lienke H.J. Development, Inc. Cc: Joe Mahoney Enclosure 15600 Wayzata Boulevard, Suite 201 • Wayzata, Minnesota 55391 Office (952) 476 -9400 • Fax (952) 476 -9401 187 Agenda Information Memo April 3, 2012 Eagan City Council Meeting D. REZONING — DIVERSIFIED INFORMATION TECHNOLOGIES ACTION TO BE CONSIDERED: To approve (OR direct preparation of findings of fact for denial for) a Rezoning from Planned Development (PD) to Limited Industrial (I -1) for property located at 2871 West Service Road. REQUIRED VOTE FOR APPROVAL: At least three votes FACTS: ➢ The City Council approved a Rezoning and Planned Development in November, 2011 to allow a storage facility on the site for U -Haul International. ➢ Shortly thereafter, U -Haul withdrew their application; however, the PD Zoning remains in effect. ➢ The property is surrounded by Limited Industrial zoning districts. ➢ The 64,000 SF office /warehouse building, constructed in 1969, is currently vacant. ➢ The new owner proposes to utilize the building/site for warehousing which is a permitted use in the I -1 zoning district. ➢ The staff report outlines building and site conditions that are not part of the zoning request but that will need to be addressed from a City Code compliance standpoint. ➢ The Advisory Planning Commission held a Public Hearing on March 27, 2012 and is recommending approval. ISSUES: None 60 DAY AGENCY ACTION DEADLINE: May 1, 2012 ATTACHMENTS: (3) Location map on page 1141 ' Draft March 27, 2012 C minutes on Page Staff report on pages [ 1 through 1'3 'e Location Map t r/ :-.=‘ ,.. i l ' : '' ''c ' ( "7 - -'- '- g e IL i- I PP DAD '• AI .. •� i • a k Rd 1 • . . V N D - a a� .. ck,, N INDUSTRIAL i.JAL !j � , _ , - Diflle Rtl ' 1 : ' \ Clilt Rtl ®m® ®® ' � �•• Map Area Extent •• r ® ' �- �i' 6�id�66 ® d . ` , \ - ..,� 0. , r E166566686666® Q B: : Subject Site ®I ®� ®m '® 4(0000 ® ©� — Efi6 ®6 ® ®B® Lexin P ark ® , ®� ��? :emu .rai r'.r.77'' 5., .,....5 L-64 ... ,..c. co ,,,, A i i I Mi iccl-f-Pt El ill r ® £ I E , 'c. : 11 " ' - - .e _ -3 t:1171 - li 1 1 "{ ---- IL 1 CLUBVItW DR f I 71 AMMO so II Fri r s • / I 1 III III ®® N _ _ ®® id z A Moonshine Par ova 0� ®s ®® pow - a a. ,� -... • . . I I 1 I Feet Project Name: Diversified Information Technologies, INC 0 500 1,000 2,000 Request: Rezoning Legend Case Nos.: 03- RZ- 03 -03 -12 ,•,1111 Ih City Boundary Parcels /� Parks ! / //� \\ Buildings N 411 F City of Capp Iffi Advisory Planning Commission March 27, 2012 Page 9 of 11 D. Diversified Information Technologies, INC. Applicant Name: Diversified Information Technologies, INC Location: 2871 West Service Road; Lot 23, Block 5, Eagandale Center Industrial Park Application: Rezoning A Rezoning from PD, Planned Development to 1 -1, Limited Industrial. File Number: 03- RZ- 03 -03 -12 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated March 21, 2012. She noted the background and history. Chair Heaney opened the public hearing. There being no public comment, Chair Heaney closed the public heating and turned the discussion back to the Commission. Member Piper moved, Member Filipi seconded a motion to recommend approval of a Rezoning from (PD) Planned Development to (1 -1) Limited Industrial upon approximately 6.17 acres located at 2871 West Service Road. All voted in favor. Motion carried 7 -0. 1q0 PLANNING REPORT CITY OF EAGAN REPORT DATE: March 21, 2012 CASE: 03- RZ- 03 -03 -12 APPLICANT: Diversified Information HEARING DATE: March 27, 2012 Technologies, INC PROPERTY OWNER: Eagan MN GSP, L.P. APPLICATION DATE: March 2, 2012 REQUEST: Rezoning PREPARED BY: Sarah Thomas LOCATION: 2871 West Service Road COMPREHENSIVE PLAN: IND — Limited Industrial ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is proposing a Rezoning from PD, Planned Development to I -1, Limited Industrial of approximately 6.17 acres located at 2871 West Service Road, legally described as Lot 23, Block 5, Eagandale Center Industrial Park. AUTHORITY FOR REVIEW Rezoning: City Code Chapter 11, Section 11.50, Subd. 5 states in part, 1. The provisions of this chapter may be amended by the majority vote of the council. Proposed amendments changing the boundaries of any district or changing the regulations of any existing district may only be made by an affirmative vote of the majority of all members of the Council except when the proposed rezoning is from an existing residential district to a commercial or industrial district in which case a two - thirds majority vote is required. 2. The City Council shall not rezone any land or area in any zoning district or make any other proposed amendment to the zoning ordinance without first having referred it to the planning commission for its consideration and recommendation. 19 l Planning Report — Diversified Information Technologies, INC. March 27, 2012 Page 2 BACKGROUND /HISTORY BlueLinx, a building, product distributor, was formerly located at this property. Last year, Amerco Real Estate, the parent company of U -Haul International made a request to rezone the property from I -1 to PD, in October 2011 to allow for a moving and storage facility. The City Council approved the Rezoning and associated Preliminary Planned Development at their November 1, 2011 meeting. Shortly thereafter, U -Haul International decided not to move forward with the redevelopment of the property and subsequently withdrew the application. However, the PD approval remains in effect on the property. EXISTING CONDITIONS The 64,000 SF office /warehouse building was constructed in 1969 and abuts a railroad spur line to the rear of the site. The site is largely open on the south side of the building. A chain link fence encloses a portion of the site off of West Service Road. An existing pylon sign is located in the east corner of the property. The building has areas where paint is peeling, the perimeter cyclone fence is listing in areas and the property is largely devoid of landscaping. SURROUNDING USES The subject site is surrounded by I -1, Limited Industrial properties except for I -35E to the East. EVALUATION OF REQUEST Comprehensive Guide Plan - The Comprehensive Guide Plan for the property remains Limited Industrial. Compatibility with Surrounding Area - The site is part of a much larger limited industrial area. The existing office /warehouse building is tantamount to other buildings and properties nearby. Site Plan - The applicant is proposing only interior improvements to the building. The applicant's narrative describes the company and the services they provide, as well as why they chose to locate within Eagan. Grading/Topography_ - The existing site is relatively flat and generally slopes towards West Service Road and Eagan Industrial Boulevard. The existing outdoor storage and parking areas on the site are surfaced with bituminous and concrete pavement that do not have concrete curb and gutter on the perimeter. The applicant is not proposing to construct any new site pavement or curb and gutter improvements. )(42.- Planning Report — Diversified Information Technologies, INC. March 27, 2012 Page 3 City code requires that all off - street parking and storage areas shall be properly maintained to prevent deterioration. A portion of the existing bituminous surface on the site along Eagan Industrial Road is in poor condition, and should be re- surfaced with bituminous asphalt pavement. Storm Drainage — The existing storm drainage system is not proposed to be modified under this proposal. Utilities — The existing building on the site is connected to the City sanitary sewer and water main systems. No additional connections are proposed with this application. Access /Transportation — Access to the site is currently from one driveway entrance onto Eagan Industrial Road, and two entrances onto West Service Road, and will remain unchanged with this development. An existing rail spur line runs along the west side of the property. While the applicant is not proposing to utilize the rail spur with their operations, the spur will remain in place. SUMMARY /CONCLUSION Diversified Information Technologies is proposing a Rezoning from PD, Planned Development to I -1, Limited Industrial. This rezoning returns the property to its original function as an office /warehouse facility. Although not part of this zoning request, City Code standards relative to peeling paint on the building and the condition of the perimeter fencing and bituminous surface of the parking lot will need to be addressed by the applicant. ACTION TO BE CONSIDERED To recommend approval of a Rezoning from (PD) Planned Development to (I -1) Limited Industrial upon approximately 6.17 acres located at 2871 West Service Road. Location Map 1.-rfel. 11 .n .ok e 4 i •U 'I.L ' A• • ! DIRIe Rd V • 9, is 1` Cliff Rd - 1 N AV •• _ _ v . AVA le �� . . •• Map Area Extent •• �■ � *Alt' � acmtar ® ®V 7. a v ® Subject Site _ '® Smooths-Ft: Mr( F ai ii .40141 �• �. K EF r ' Ie x i ngton Park 4 S ®� :111, m 11''''' °� "Fla i 111 .. ir , .4 — 1 mi. mi : : ..., . . ..: er 1 111 P j ' / � +" 4 CLU mi -$; , -14 ,r r 1, „, 4, 1 _ , i 4.,,,,..._ , : , II riii, t I■ ■ ... .. ...: ;.., 4s,) ,, ,. 0 z c, ■ �® x Di ,1 _ ii ill pA_, Moonshine Park * II 1 ∎ 00 I� ommosali: . LimiNgo �Q ,, , „„, , .4 t..,,,, :: _ 1:111111j( 1 1 I I Feet Project Name: Diversified Information Technologies, INC 0 500 1,000 2,000 Request: Rezoning Legend Case Nos.: 03- RZ- 03 -03 -12 ,.gI U City Boundary Parcels A Parks Buildings N 41 City of Eap 194 41, 1b` Current Zoning and Land Use Map City of Eagan Application: Diversified Information Technologies, INC Type: Rezoning Case No.: 03- RZ- 03 -03 -12 + , �y PD (r9 �\ ti ''a ' n 7 , 4, ii ,/ -R -1 '!p 1 -1 Z 4.` % I -1 i - Q Zoning _ 0 R 1 fi Subject Site r t PD, Planned Development J R- 4 s.ns:/ 4ki z d &2 cr 1 -1 O 1 40 cc 1 I -1 O . 1= N —_ —.I LONE OAK ROAD) C.S.A.H. NO.26 (LONE PD R-4 N�_ D X PD )/ 1 1 IND A < •■• .,,, , , ' aye n ,E � .• IND ..,„ , IND` BP z ri PE Land Use Plan Subject Site � J LD a IND, Limited Industrial ,(?/ - o z 0 er IND / ce ii i 7 IND d IND n - Z T -\ ) ' BPS Ilir RC I LONE OAK ROAD) C.S.A.H. 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Nitifr 3 \ / hal NARRATIVE ?versified RECEIVED MAR o 7 nil '" INFORMATION TECHNOLOGIES March 7, 2012 Sarah Thomas Planner, City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Ms. Thomas: This letter is to provide detailed information regarding Diversified Information Technologies, Inc., ( "Diversified" or "Company ")) and the company's intended use of the facility located at 2871 West Service Road, Eagan, Minnesota as part of our application for rezoning. Company Description Diversified was founded in 1982 and Is headquartered In Scranton, Pennsylvania , with approximately 700 employees, located in twenty -four (24) US -based and one (1) Barbados -based facilities. Diversified is a leading national provider of integrated document and information management solutions. During the Company's 30 -year tenure, the Company has developed a comprehensive service offering to meet the needs of complex, document - Intensive organizations, and enjoys deeply- entrenched relationships with some of the country's largest insurance companies, financial institutions, hospital systems, and key federal government agencies. The Company's three main service offerings are: • Preserve: Storage and management of physical and electronic documents and information as well as secured destruction • Capture /Process: Data imaging, capture and conversion of data • Output: On- demand digital print and communications, and pick- and -pack fulfillment services Why Eagan, Minnesota Diversified chose to locate a facility in Eagan, Minnesota for several reasons, including: (a) secured a Tong -term relationship with a large Preserve client located in St Paul, Minnesota which necessitated having a facility nearby; (b) strong planned future growth In the Mid -West region of the United States; (c) Diversified has a strong presence on the East Coast and a modest presence on the West Coast and in the South Region and is looking to bridge the Company's existing presence with a Mid -West facility; (d) the facility is conveniently located to major highways which will fit well with the Company's need to transport client documents quickly and efficiently; (e) the facility was previously zoned 1 -1 (Limited Industrial), but had been recently changed to PD (Planned Development) and Diversified's fits the description of 1 -1, so it seemed getting the facility rezoned back to 1 -1 would be a quick process; and (f) the City of Eagan appears to be a business - friendly environment. Services to be provided at the Eagan, Minnesota Facility Diversified will be providing Preserve - services at the Eagan, Minnesota facility. These services will entail: • Secure storage and management of Physical boxed documents > Business Related Documents can include, but is not limited to: medical records, insurance enrollment forms and policy documents, financial statements, legal documents and government records • Document retrieval and delivery to clients, within a 120 mile radius • Document indexing, through the Company's proprietary Computer Integrated Records Management System • Manage clients' record retention schedule Each of Diversified's facilities, where Preserve services are provided, is highly secured with advanced fire detection and suppression systems. Please let me know if there is any additional information you need from me. Regar sr /A'.2 • Brian K. Brady Vice President Global Support Services and Chief Financial Officer Diversified Information Technologies, Inc. (570) 496 -1803 - Direct (302) 530 -1469 - Mobile 123 Wyoming Ave. Scranton, Pa. 18503 570.343.2300 www.diversifiedweb.com I, ;' Agenda Information Memo April 3, 2012, Eagan City Council Meeting E. REZONING AND FINAL PLANNED DEVELOPMENT — NORTHWOOD EQUITY, LLC ACTION TO BE CONSIDERED: To approve a Rezoning from BP, Business Park, to PD, Planned Development, upon approximately 4.8 acres located at 3265 Northwood Circle. To approve (OR direct preparation of Findings of Fact for Denial of) a Final Planned Development to permit an approximately 47,525 s.f. office /warehouse building with outdoor storage of up to 16 commercial vehicles, upon approximately 4.8 acres located at 3265 Northwood Circle, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: At least 3 votes FACTS: ➢ The site was developed in 2001. The current Business Park zoning does not permit outdoor storage. Since 2003, outdoor storage of vehicles has been permitted on this site via a series of Interim Use Permits and the use has been without issue. ➢ One of the tenants utilizing that outdoor storage has vacated the property. The other tenant continues to store vehicles on the site under a 5 -yr. IUP that expires in 2014. ➢ The proposed Planned Development zoning offers a path by which the outdoor vehicle storage can be permitted in perpetuity, without opening the site to uses that are potentially more intensive and incompatible with the surrounding area. The Planned Development makes specific the nature, type, amount and location of the vehicle storage. ➢ The proposal includes modifications to widen the driveway access and relocate the trash enclosure (see revised plans attached). ➢ The PD results in a net reduction of 21 vehicle spaces versus the existing IUP's. ➢ Approval of the Rezoning constitutes the Preliminary Planned Development. ➢ Final Planned Development will replace the existing Interim Use Permits on the property which will be terminated with execution and recording of the Final Planned Development Agreement. ISSUES: None 60 -DAY AGENCY ACTION DEADLINE: April 15, 2012 ATTACHMENTS (Ji Location Map, page ^ Draft March 27, 2012, APC inutes, pat es 'W' through In � Planning Report, pages hrough 2, Revised Plans received March 26, 2012, pages 2.18through 1Ciri Location Map ,:, Ilulir i 1 Y 1 : . . . (` �J' / S ! I / N Yan kea Do -- - ^ ^- °C-S:A:H 'NO26•(LQNEOAK ROAD)-°-----°Pr - °— - -✓ -•�-•- --•- - - - -•- -- -•G -S .•A i-i. NO26 (_ONE•OAK RD:) t _ / -- 11k II MI ill i WAW : ,•3 All MC I 0 11 . CIIH Rd __ 2 ... • ••� •• Q CLUBVIEW DR t �! 614/1 11 i Map Area Extent � r - 3 K : . 1 1 i oonshine Park I _M1NIHu t; k :i�r; • •C �� f e Yd 1 P - Subject Site _. Y .._ a a ALUM NORTHWOO•PKW 1 ] _ - I , 111 7 I / W II / ® _ Z fiULFVItW U -, ML ® JI® 1 1 aI ' --.• . ,• -"' - UOOUL 1i I (FED , ^-- TOWN CENTR IT q ® '� ® ®� .0=7 O'Leary Lake •Park ®® 1 Feet Project Name: Northwood Business Park 0 500 1,000 2,000 Request: Rezoning /Final PD Legend Case Nos.: 10- RZ- 02 -02 -12 & 10- FD- 03 -02 -12 2 1,„,rra City Boundary Parcels \ Parks / Buildings N City of Evan ? Advisory Planning Commission March 27, 2012 Page 10 of 11 E. Northwood Business Park Applicant Name: Northwood Equity LLC Location: 3265 Northwood Circle; Lot 1, Block 1, Northwood Business Park 3rd Addition Application: Rezoning A Rezoning of 4.8 acres from BP, Business Park to PD, Planned Development. File Number: 10- RZ- 02 -02 -12 Application: Final Planned Development A Final Planned Development of 4.8 acres to allow outdoor storage of commercial vehicles. File Number: 10- FD- 03 -02 -12 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated March 21, 2012. She noted the background and history. 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 suggested an additional condition addressing the installation of additional landscaping as stated on page 5 of the staff report. Jim Ostenson explained that the buildings are almost 10 years old and parties needing this type of outdoor storage have expressed interest in the space. Member Piper stated it is appropriate to rezone to Planned Development for this property, because it appears uniquely situated and relatively isolated. :However, it should not be considered a solution for outdoor storage on other similarly zoned properties in the City. Member Piper moved, Member Vanderpoel seconded a motion to recommend approval of a Rezoning from BP, Business Park, to PD, Planned Development, upon approximately 4.8 acres located at 3265 Northwood Circle, legally described as Lot 1, Block 1, Northwood Business Park 3 Addition. All voted in favor. Motion carried 7-0. Member Pipermoved, Member Filipi seconded a motion to recommend approval of a Final Planned Development to permit an approximately 47,525 s.f. office /warehouse building with outdoor storages up to 16 commercial vehicles, upon approximately 4.8 acres located at 3265 Northwood Circle, subject to the following conditions as amended: 1. A written Final Planned Development Agreement shall be executed and recorded with the County Recorder's office. The following exhibits are necessary for the Final PD Agreement. • Final Site Plan 2. This Planned Development allows for up to 16 stalls for the outdoor storage of commercial vehicles consisting of buses, vans, trucks and the like. 3. The outdoor storage shall occur only in the locations identified on the Final Site Plan 4. Both Interim Use Permits currently in place for the property will be terminated with the execution and recording of the Final Planned Development Agreement. 5. The three stalls in the northeast corner of the site shall be relocated or this storage reduced to two spaces to provide a minimum 24' drive aisle between the vehicle storage and the Advisory Planning Commission March 27, 2012 Pagellofll trash enclosure /island. Alternatively, the trash enclosure shall be relocated to accomplish the same. 6. The widening of the concrete entrance apron of Northwood Circle and the service driveway curb, and associated catch basin structure relocations, shall be completed in accordance with City engineering standards. 7. A City permit to work in the right -of -way shall be obtained for the proposed work in Northwood Circle. A City grading permit is required if the parking lot and service drive modifications exceed 10,000 square feet in construction disturbance. 8. Additional landscaping shall be installed along the north side of the storage area to provide additional screening from the adjacent property. All voted in favor. Motion carried 5 -0. V. OTHER BUSINESS City Planner Ridley stated a workshop would be held on Thursday, April 12, 2011, at 5 :30 p.m. He also stated that the Eagan Community Center is hosting a Land Use Planning workshop on "your role as a planning commissioner" put on by Government Training Service, and anyone interested in attending should inquire. V. VISITORS TO BE HEARD (FOR THOSE NOT ON AGENDA) There were no visitors to be heard for items not ton the;;agenda VII. ADJOURNMENT Member Piper moved, Member Vanderpoel seconded a motion to adjourn the Advisory Planning Commission meeting at 7 :58 p.m. A vote was taken. All voted in favor. Motion carried 5 -0. Respectfully Submitted by: Piper APC Secretary Camille Austad Recording Secretary j O7 PLANNING REPORT CITY OF EAGAN REPORT DATE: March 21, 2012 CASE: 10- RZ- 02 -02 -12 & 10- FD- 03 -02 -12 APPLICANT: Northwood Equity, LLC HEARING DATE: March 27, 2012 PROPERTY OWNER: Northwood Equity, LLC APPLICATION DATE: Feb. 15, 2012 REQUEST: Rezoning & Final Planned PREPARED BY: Pamela Dudziak Development LOCATION: 3265 Northwood Circle COMPREHENSIVE PLAN: SA/BP, Special Area/Business Park ZONING: BP, Business Park SUMMARY OF REQUEST The applicant is requesting approval of a Rezoning from BP, Business Park, to PD, Planned Development, and a Final Planned Development for the existing development and proposed outdoor storage of commercial vehicles upon property located at 3265 Northwood Circle, legally described as Lot 1, Block 1, Northwood Business Park 3 Addition. Approval of the Rezoning will constitute the Preliminary Planned Development approval. AUTHORITY FOR REVIEW Rezoning: City Code Chapter 11, Section 11.50, Subd. 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 regulations of any district may only be made by an affirmative vote of two - thirds of all members of the council. 2. The City Council shall not rezone any land or area in any zoning district or make any other proposed amendment to the zoning ordinance without first having referred it to the planning commission for its consideration and recommendation. 2°3 Planning Report — Northwood Equity March 27, 2012 Page 2 Planned Development: City Code Chapter 11.60, Subd. 18, A., states the intent of the Planned Development zoning district as follows: 1. Providing greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. 2. Recognizing the economic and cultural advantages that will accrue to the residents of a planned community. 3. Encouraging a more creative and efficient approach to the use of the land. 4. Encouraging the preservation and enhancement of desirable site characteristics, natural features, and open space. 5. Encouraging a development pattern that is consistent with land use density, transportation facilities and community facilities objectives of the Comprehensive Plan. BACKGROUND /HISTORY The property was initially platted in 1999 with subsequent replats for phased development. The approximately 47,500 s.f. building was constructed in 2001. Access to the site is provided via a single driveway to Northwood Circle, a public cul -de -sac which connects to Northwood Parkway. The building is used as office /warehouse space. Two Interim Use Permits were previously issued to the property allowing outdoor storage of commercial vehicles. One of the current tenants, Midwest Special Services, operates with an Interim Use Permit issued in Oct. 2009 for a 5 -year term which permits outdoor storage of commercial vehicles. Since 2003, another tenant, American Red Cross, operated with an Interim Use Permit for outdoor storage of vans and buses, with the current IUP set to expire July 31, 2012. American Red Cross vacated the building in 2011 and the owner is now seeking ability to offer the similar commercial vehicle and truck storage to new tenants. Because the site is in a relatively isolated location and past experience with commercial vehicle storage has been without issue, the proposal appears compatible with the surrounding area. Rezoning to Limited Industrial (I -1), which permits outdoor storage as a conditional use, could also open the site to many other permitted and conditional uses that are not suitable in this location, particularly with a planned residential development on property to the east. The proposed Planned Development (PD) zoning offers a path by which the outdoor vehicle storage can be permitted in perpetuity, without opening the site to uses that are potentially more intensive and incompatible with the surrounding area. 261 Planning Report — Northwood Equity March 27, 2012 Page 3 EXISTING CONDITIONS With the prior IUPs, a fence was constructed on the east side of the parking lot to screens the vehicles from Northwood Circle. The fence fell into disrepair and was removed after Red Cross vacated the site. The vehicles are not visible from Lexington Avenue or Northwood Parkway. The storage area is visible from a parking lot for the USPS Bulk Mail facility to the north and from the future townhome development across the wetlands and ponding area to the east. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North U.S. Bulk Mail — I -1, Limited Industrial IND, Limited Industrial Warehouse /Distribution South Office BP, Business Park BP, Business Park East Vacant — Future PD, Planned Development MD, Medium Density Townhomes West Home Depot PD, Planned Development RC, Retail Commercial EVALUATION OF REQUEST Compatibility with Surrounding Area — The site is surrounded with various uses and zoning designations, including limited industrial, office, retail and future residential townhomes. The proposal appears compatible with the surrounding area due to the relatively isolated location and no problems with the past commercial vehicle storage on this site. Site Plan — The proposed vehicle storage is located in the northeast portion of the property. This is part of the area covered by the existing IUP's and previously utilized by American Red Cross for their vehicle storage. The proposed vehicle storage for 10 commercial vehicles and trucks is less extensive than the IUP for the American Red Cross storage which consisted of more than 40 commercial vans and buses. The proposed Rezoning and Final Planned Development will replace the existing IUP allowing storage of 6 vehicles for Midwest Special Services. Both IUP's currently in place for the property should be terminated with the execution and recording of the Planned Development Agreement. Landscaping — The site was landscaped with initial development in 2001. No new landscaping is proposed at this time. Wetlands /Water Quality - There is one existing wetland east of the property which extends into the northeast portion of the lot. No new grading or alteration of the wetland area or wetland 2c5 Planning Report — Northwood Equity March 27, 2012 Page 4 buffer is proposed. Existing ponding constructed with the initial development provide water quality and stone retention and rate control. Access /Grading/Drainage — The configuration of the existing driveway will be modified to better accommodate the movements and turning radius of the larger vehicles. The widening of the concrete entrance apron of Northwood Circle and the service driveway curb, and associated catch basin structure relocations, should be completed in accordance with City engineering standards. The applicant should apply for a City permit to work in the right -of -way for the proposed work in Northwood Circle, and a City grading permit if the parking lot and service drive modifications exceed 10,000 square feet in construction disturbance. Outdoor Storage — In addition to the requirements for a conditional use permit listed above, City Code Section 11.70, Subdivision 22, C, 2, lists performance standards for outdoor storage as follows: a. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I -1) and general industrial (1-2) zoning districts, the enclosure may be detached from the principal building. The proposed storage area is not enclosed, however, an enclosure does not appear necessary since the items being stored are vehicles that come and go on a regular basis. 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 proposed storage area is located on the north (rear) side of the property. The proposed area does not encroach into any required front building setback area or other required setbacks. c. The outdoor storage area shall be screened from view from the public right -of- way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. The proposed storage area is screened from the public right -of -way by the existing building. In 2009, the City approved a land use amendment designating the property to the east as Medium Density for future development of townhomes. Outdoor storage of vehicles had been ongoing under an Interim Use Permit prior to the residential designation of the adjacent property. -1Cf° Planning Report — Northwood Equity March 27, 2012 Page 5 The proposed storage area is visible from the north and east. The applicant should install additional landscaping, perhaps an upright evergreen such as arbor vitae, along the north side of the storage area to provide additional screening from the adjacent property. The wetland and natural vegetation creates a ,',11 , '' � � °_■1 buffer between the storage area and the future residential development a to the east. 1: d. The storage area shall not interfere with any pedestrian or vehicular movement. The proposed vehicle storage is in designated spaces along the north edge and in the truck loading area north of the building. The three storage spaces in the northeast corner are too close to the existing garbage enclosure to provide the 24' aisle necessary to accommodate vehicular movement between them. These three stalls should be relocated or storage reduced to two storage spaces. Alternatively, the trash enclosure could be relocated. e. The storage area shall not take up required parking spaces or landscaping areas. This site was approved with 207 parking stalls. The parking is shared by all tenants, except the designated outdoor storage area. 191 parking stalls remain available for passenger vehicle parking. In addition, the 16 spaces proposed to be occupied with storage of commercial vehicles are fewer than the 40+ spaces that have been occupied with storage under the existing Interim Use Permits. With the termination of the Interim Use Permit permitting Red Cross busses to be stored in parallel fashion along the east lot boundary, additional vehicle parking stalls could be striped in this area if needed. f. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. The areas proposed for vehicle storage are paved with bituminous asphalt and no new grading in these areas is proposed. Some grading will occur with the construction associated with widening the driveway. SUMMARY /CONCLUSION The applicant is requesting approval of a Rezoning and Final Planned Development to include the outdoor storage of 16 commercial vehicles and trucks. This formalizes and makes permanent a use that has been occurring without issue on the property since 2003. The Planned Development makes specific the nature, type, amount and location of the vehicle storage. The proposed Planned Development zoning offers a path by which the outdoor vehicle storage can be 201 Planning Report — Northwood Equity March 27, 2012 Page 6 permitted in perpetuity, without opening the site to uses that are potentially more intensive and incompatible with the surrounding area. Approval of the Rezoning constitutes the Preliminary Planned Developent, and the Final Planned Development will replace the existing Interim Use Permits on the property. The existing Interim Use Permits will be terminated with execution and recording of the Final Planned Development Agreement. ACTIONS TO BE CONSIDERED To recommend approval of a Rezoning from BP, Business Park, to PD, Planned Development, upon approximately 4.8 acres located at 3265 Northwood Circle, legally described as Lot 1, Block 1, Northwood Business Park 3 Addition. To recommend approval of a Final Planned Development to permit an approximately 47,525 s.f. office /warehouse building with outdoor storage of up to 16 commercial vehicles, upon approximately 4.8 acres located at 3265 Northwood Circle. If approved, the following conditions should apply: 1. A written Final Planned Development Agreement shall be executed and recorded with the County Recorder's office. The following exhibits are necessary for the Final PD Agreement. • Final Site Plan 2. This Planned Development allows for up to 16 stalls for the outdoor storage of commercial vehicles consisting of buses, vans, trucks and the like. • 3. The outdoor storage shall occur only in the locations identified on the Final Site Plan. 4. Both Interim Use Permits currently in place for the property will be terminated with the execution and recording of the Final Planned Development Agreement. 5. The three stalls in the northeast corner of the site shall be relocated or this storage reduced to two spaces to provide a minimum 24' drive aisle between the vehicle storage and the trash enclosure /island. Alternatively, the trash enclosure shall be relocated to accomplish the same. 6. The widening of the concrete entrance apron of Northwood Circle and the service driveway curb, and associated catch basin structure relocations, shall be completed in accordance with City engineering standards. 7. A City permit to work in the right -of -way shall be obtained for the proposed work in Northwood Circle. A City grading permit is required if the parking lot and service drive modifications exceed 10,000 square feet in construction disturbance. iCe Location Map goir/ ' '' � • W e r Lona Oak RA ' U�' I + -• / ' ®YanNee pooAle.RA a 1r// - - ._...c SrA.H-NO.26 (LONE-OAK ROAD) . _.....r._.,..._ .,. ,_..._..,:,....._ C-S A•hi NO 6 ONE•OAK•RD•) \• • ■' �■ ; Dm r aa 1� � • ' t Cliff Rd I. 01 w^F • 1 sew a a oonshine Park} u (.MINI Hu p, ' • )iii, , z 0 .. itl S ubject Site MN . A. N ORTHWOO a PKWY ii&I -- _J ( 1 / w 11 a ,,---_-_-------7\ 7 _L'Ji■ I an TOWN CENTR IL N . • _f \ � = �'� „'„� ` i �0'Leary Lake Park _® 3 - x . .I_.—W a mg , 1 Feet Project Name: Northwood Business Park 0 500 1,000 2,000 Request: Rezoning /Final PD Legend Case Nos.: 10- RZ- 02 -02 -12 & 10- FD- 03 -02 -12 3 .g t 1,,.„. City Boundary Parcels /\ Parks \ Buildings N City of Eagan 209 41, 11` Current Zoninq and Land Use Map City of EkaIl Application: Northwood Business Park Type: Rezoning and Final Planned Development Case No.: 10- RZ- 02 -02 -12 & 10- FD- 03 -02 -12 wi Q z 0 1 -1 E3 1 -1 Z Subject Site w Zoning -J BP, Business Park z z 0 PD 0 BP IX BP o H Z NORTHWO PKWY' . " 0 0 0 BP � J PD PD A 1 BP LLjl Q Z O IND 0 IND Z Subject Site w J Land Use Plan V c,-, O z SA/BP - Special Area/ RC 0 Business Park BP tY ° r MD >- BP • 1- Z NORTHWO p Y D ., 0 .• 0 BP 1 BP % RC0 ...---... -A' / RC C"\ MD O/S BP N 1 0 300 600 1,200 Feet 2-10 t s �i• -'> 4 as .� ,. /• . a - g . Y ' p ' ,� •` '1,' t.M- p ; • " ,- . ' " Y . .- 1 ' x1 41 4 '" g � j , d \ w S �'tc r , i �' cF ' F .....' o I c . 1. �y •; •' , ►' v.: ( g - ' ; , 1 .�" -;. .A!�W _. s. 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O I I 1. 1 O D • 1 ' I 1 1 . i I(fis.li,, �� f , .1 ism II Iii 41° - A - (n p �° N47 . m . .._ _. N° ..- III I ll ' gy p .. 41 .411 11 I. r ' `�I N o ia, 1 D p A r n ( , l i:, tJ, V= 9^ I mo ' 1 n v 1 e : w 1 ° 1 1 N CO - "Halt il G) ii, r- - -- 0 1II7 1 CO s it I � ®, . o N . .,. w i t - =' C N= A A 7 -.. . r (1i1 �1J °r lll, wvhTr�lTr °. I ∎,' 03 x r. :71• 6 0 v N c, Z im R. V' ' �,1 L__ • V` ' � 2 O i ? 0 . . I I \ j N I �..� (n / r w . O \ • • �� w N \ �.r t et :` O I I I \ r . 0 < c7 1 i ,-- •' j / N. • • 1. 0 °x O V '_ • / / / 1 / — — \=___. • 7 t...... .,., ..., . ____ . O • Cn 70 0 ANDSCAPE PLAN (EXISTING) February 14, 2012 To: Mayor and Member of City Council, Eagan, Minnesota From: Jim Ostenson, Northwood Equity, LLC Re: Rezoning Application, 3265 Northwood Circle Our request of the City Council is to consider rezoning our property from Business Park to Planned Development. Built in 2003, our building contains 46,000 square feet on 4.8 acres. Unaware that overnight parking was not allowed, we leased space to Midwest Special Services and American Red Cross. When this misunderstanding was brought to our attention, we requested an Interim Use Permit from the City Council and have had it renewed upon each expiration. While this has not been a perfect solution, it has worked okay and there have been no complaints from adjacent uses. However, American Red Cross has now moved out leaving 30,000 of vacant space and the new user is interested in the same type of use which requires overnight parking, although on a much limited basis. In discussions with the staff, it has been suggested that perhaps the zoning should be changed for the following reasons. 1. The site is secluded, backing up to the Post Office bulk mail facility parking lot and 126 loading docks. 2. While the Red Cross had 36 vehicles parked overnight, we would limit any overnight parking to 10 trailers, with Midwest Special Services staying at their permitted 6 units. 3. The building is already well buffered from the future Dakota County rental units, but we will meet with them to satisfy any concerns. 4. The building is an award winning design and appeals to companies seeking to upgrade their image in Eagan. We would like to be available to them. Thank you for your kind consideration of this matter. We are always available to answer any questions. RECEIVED FEB 2 7 2012 NARRATIVE 1 _ , ___ - _ _ - -1 - / �• IIµ o / / ..--. ° / ' O / I 1 / / I O a ((/ / O ' r / ;' er I 4 °4 O 4 ,HIIIan � - n i'` is m I I I IN, cn m k O m — - CM — — x c. I m . F v F.3 - — o �� - - �' \\ \ - imam 1 , . ° 11 ill 1 _ DY-?.i 1 r — . ;. a 1 1 II 1 G 1 I I N I ® r— x — — — 1/ a J I • All i b i , \ q s a m I yo I A / d / / ,. \ '" ;Mie / ,/ / I \ a i SITE PLAN I hereby certify NORTHWOOD BUSINESS PARK CES CONSULTANTS "°r t a t N^ e° t ate oz /ze/ : R DATE DESCRirnoH , LLC eb e ,d tnet ° i n °nary`[ a., Br: ece 3RD ADDITION CIVIL ENGINEERING Registered Engineer under Me RH � JCS 9. EAGAN, MN .o West Travelers rraN suite eoo be• or Me Stole of °•°t^ s W a CHECKED BY. \ "" FOR Burnsville, MN atom a i.gsD wc NORTHWOOD EQUITY, LKLC 6; "` "°s signed :(4el't'a`( DWG REVISE DRIVEWAY AND PARKING L07 """ :'"'" oet °VW Reg. s REE Ho.: 1 � ile F ,.. a Li , r, I / I ° IIIMII � 1 3 i m , : ? I / 1 2- • o �a m 1 1 i n 0 o a I 1 \\\\\\ ‘ . , \ ) a / / a a / 1 e, � . 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CONSENT AGENDA 1. APPROVE EDA Minutes D. OLD BUSINESS E. NEW BUSINESS 1. PRELIMINARY CONCEPT PLAN for Retail Development for Property in the Cedar Grove Redevelopment District F. OTHER BUSINESS — Organizational Business G. ADJOURN Agenda Information Memo Eagan Economic Development Authority Meeting April 3, 2012 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 March 20, 2012 EDA meeting are enclosed on pages through 2:22. 22o .01\ MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota MARCH 20, 2012 A meeting of the Eagan Economic Development Authority was held on Tuesday, March 20, 2012 at the Eagan Municipal Center. Present were President Maguire, Commissioner Fields, Commissioner Hansen and Commissioner Tilley. Also present were Executive Director Hedges, Deputy Executive Director Hohenstein and City Attorney Dougherty. Commissioner Bakken was absent. CALL TO ODER President Maguire called the Economic Development Authority meeting to order. ADOPT AGENDA Commissioner Hansen moved, Commissioner Fields seconded a motion to approve the agenda as presented. Aye: 4 Nay: 0 CONSENT AGENDA Commissioner Fields moved, Commissioner Hansen seconded a motion to approve the Consent Agenda as presented. Aye: 4 Nay: 0 1. It was recommended to approve the minutes of the December 20, 2011 EDA meeting as presented. 2. It was recommended to authorize preparation of Alta Survey for EDA owned property south of Cedar Grove Parkway and authorize preparation of plats for that property and the Cedar Grove core area. OLD BUSINESS CEDAR GROVE REDEVELOPMENT PRELIMINARY REDEVELOPMENT AGREEMENT WITH PRATT DEVELOPMENT Deputy Executive Director Hohenstein introduced the item regarding the extension of the agreement for one more year. Len Pratt, Pratt Development, and Jim McCaffrey were available for questions. 22.) Commissioner Tilley moved, Commissioner Hansen seconded a motion to approve an extension of the amended and restate preliminary redevelopment agreement between the Eagan Economic Development Authority and Pratt Development LLC and authorize the EDA President and staff to execute the documents. Aye: 4 Nay: 0 ORGANIZATIONAL BUSINESS Deputy Executive Director Hohenstein introduced the item. Commissioner Hansen moved, Commissioner Tilley seconded a motion to elect Mayor Maguire, President; Councilmember Bakken, Vice President; Councilmember Tilley, Treasurer; City Administrator Hedges, Executive Director; and Community Development Director Hohenstein, Secretary/Deputy Executive Director as officers of the Eagan Economic Development Authority. Aye: 4 Nay: 0 OTHER BUSINESS There were no Other Business items. ADJOURNMENT Commissioner Tilley moved, Commissioner Fields seconded the motion to adjourn. Aye: 4 Nay 0 Date Thomas Hedges, Executive Director Agenda Memo Eagan Economic Development Authority Meeting New Business April 3, 2012 1. CEDAR GROVE REDEVELOPMENT DISTRICT - PARAGON REDEVELOPMENT CONCEPT PLAN ACTION TO BE CONSIDERED: 1) To approve the Paragon Outlets Preliminary Redevelopment Concept Plan dated March 28, 2012 for a portion of the core area of the Cedar Grove Redevelopment District. 2) To direct the preparation of a preliminary real estate agreement between the Eagan EDA and Paragon Outlets for the area defined by the Preliminary Concept Plan to be considered at the EDA meeting of May 1, 2012. 3) To provide any further direction to staff and /or the developer with respect to further development of the plan and /or the additional considerations noted in the background. FACTS: Background • In March, 2011, the EDA approved an Amended and Restated Preliminary Redevelopment Agreement between the EDA and Pratt Development, with a provision that Pratt and Cassidy Turley would also have a formal listing agreement for the Cedar Grove core area property. On March 20, 2012, the EDA extended that agreement through March, 2013. • The original Amendment and its extension contemplated more aggressive broker marketing of the redevelopment area to a wider market of prospective businesses and developers. It was recognized that is was feasible that some prospects that could pay market rates for land and generate significant TIF revenue may fall at the edges of the City's vision or outside it. In contrast, some prospects that align most closely with the high density, mixed use vision may continue to require land price considerations or may not be as market supportable in the near term. • In that regard, the EDA provided direction regarding the value of the broader approach to attract interest and activity in the area, while reinforcing the need for development proposals to meet the walkability, transit orientation and quality finish requirements of the zoning district and the vision for the area. • In that vein, Pratt Development and Cassidy Turley have pursued a substantial number of prospects in a range of areas and have made progress in that regard. 2.23 Paragon Concept Proposal • At this time, Pratt Development and Cassidy Turley are recommending consideration of a proposal by Paragon Outlets for the acquisition and redevelopment of 35 acres of property in the Cedar Grove Core Area for the construction of a 400,000+ sf retail outlet center. • Paragon Outlets is represented by a management team with extensive experience in the siting, development and operation of retail outlet centers, most with backgrounds with Prime Retail, prior to that company's sale to Simon Companies. • The Paragon development team has spent considerable time exploring site options in the Twin Cities market. They indicate that the Cedar Grove Redevelopment area's location within the region and its proximity to the Mall of America, Minneapolis St. Paul International Airport and other regional destinations and amenities fit their criteria for the siting of a successful project. • In contrast to past approaches to outlet retail, which focused on sites considerable distances from metropolitan areas and from regional shopping centers, Paragon indicates that the proposed center can benefit from its proximity to the Mall of America and that its combination of tenants and uses compliment other types of retail development in a metropolitan setting. • The City Council's Finance Committee considered an overview of project at its meeting of March 6, 2012 in the context of its charge from the EDA to review and advise regarding the potential financial aspects of development alternatives. With the qualification that a more detailed analysis of all project costs and revenues will be necessary in order to determine the terms of a development agreement involving the EDA and Paragon, the Committee recommended that the concept plan be brought, forward for EDA consideration, provided the project could retain portions of the core area for the development of additional uses of a residential, hospitality and/or employment nature, to maintain the mixed use aspect of the project vision. • Through discussion with staff, the developer is presenting a concept that would utilize structured parking to meet a portion of the development's parking needs and preserve development outlots adjacent to and between the project site and Cedar Grove Parkway. • The concept plan is presented to show the intended layout, building massings and other general visual aspects of the proposed project. The developer has indicated that it is their practice and intention to work with the City /EDA on the selection and refinement of architectural and design features that reflect the quality and character expected in a community or development area. Concept Review Process • In redevelopment districts, the EDA has a practice of reviewing and providing preliminary concept approval for projects at this stage to authorize the staff and developer to undertake the stepwise process of bringing a property sale, development and financing plan forward. While a project will still require formal development approvals through the application and review process of the Advisory Planning Commission and City Council, the purpose of a preliminary concept approval is to 2 provide assurance that the EDA, as owner of the property, has determined there is merit to taking the steps necessary to complete the other analysis and agreements necessary to permit the prospective developer to proceed with that process. It is also intended to define site control for the prospective developer for an appropriate period of time to complete that work. • At this time, staff is requesting that the EDA consider approval of the preliminary concept plan and, if that is approved, direction to prepare a real estate agreement to define site control for the property and such other direction or clarification the EDA would see as appropriate for project planning and financing discussions to proceed. ATTACHMENTS: • Staff memo on pages through 73 k • Letter from Paragon Outlets to Eagan EDA on page • Paragon Corporate Overview on pages233 through Z (bound copies are provided for the EDA) • ara on Outlets Grand Prairie, Texas, project overview on pages29Sthrough Z.5 (bound copies are provided for the EDA) i sio • edar -13 Task Force Village Plaza Redevelopment Plan in two scales on pages through 2.51 ��� • 2009 Preliminary Concept Plan showing conceptual park location on page 25ek • Site plan identifying proposed alternate location of neighborhood park and proposed locations for 3rd party development on page 2.5-/ • Preliminary redevelopment concept plan dated March 28, 2012 and related plans and elevations to be forwarded with Monday's Additional Information memo. 225 City of Ea�ali Meoo TO: TOM HEDGES, CITY ADMINISTRATOR FROM: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR DATE: MARCH 30, 2012 SUBJECT: PARAGON CEDAR GROVE OUTLET CENTER CONCEPT PLAN Paragon Outlets is proposing the purchase of approximately 35 acres in the Cedar Grove Redevelopment District for the purpose of developing a 400,000+ sf outlet shopping center and associated parking improvements. At this time, staff and the developer are requesting EDA consideration of a preliminary concept plan approval and, if given, direction regarding next steps to bring a formal development, property sale and financing package forward for the project. Relationship with the Redevelopment Vision and Previous Development Concepts While a retail project of the scale proposed was not previously anticipated for the Redevelopment Area, the discussion below is intended to overview the relationship of the proposal to the redevelopment vision and previous expectations for the property. • Comparison to Cedar Grove Vision Statement - As part of its vision for the Cedar Grove Redevelopment, the EDA has made a point of not committing to a particular picture or layout for the project, but instead has identified the following policy priorities for the consideration of projects in the area: • Revitalize Cedar Grove Area as a gateway /landmark of the community. • Encourage a mixture of market - supportable land uses compatible with one another and with the surrounding area. • Incorporate new urban development expectations by incorporating a pedestrian focus, transit opportunities, mixed residential and commercial uses, uniform and cohesive design elements, structured parking and public green/open space. • Protect long -term vitality of residential areas adjacent to commercial areas and consider the needs of existing businesses in redevelopment or relocation efforts. • Improve traffic access and circulation to and through the area As part of its discussion of the proposed development concept, the EDA will want to consider how the project relates to these priorities. • Comparison to Village Plaza Plan - While the Paragon project proposes more square footage of retail than has been defined in prior redevelopment scenarios for Cedar Grove and the project itself does not contemplate the residential, hospitality and j' Z1, office uses that have been considered in the past, the proposed layout reflects a number of aspects of the original Village Plaza concept plan developed by the Cedar - 13 Task Force whose study and recommendations formed the basis for the EDA's decision to actively participate in the redevelopment of the area. In particular, the outlet center's interior pedestrian scale walkways, the use of vertical and horizontal features to create focal points for those spaces and the combination of medium and small stores, shops and restaurants within walkable proximities reflect those same elements in the study report and Cedar Grove design guidelines. The layout of those uses along a central axis and the location of associated buildings along Cedar Grove Parkway also reflect concepts in the Village Plaza concept. The concept as presented retains outlots for prospective development of other uses on the 5.1 and 2.5 acre outlots noted above, on the 4 acre parcel south of Cedar Grove Parkway and the 4.7 acre parcel at the east end of the core area near Jensen's Supper Club and Cedarvale Lanes. • Location of Neighborhood Park near Nicols Ridge - The area's neighborhood park needs are primarily met at Woodhaven Park located south of Cedar Grove Parkway between Rahn Road and Gold Trail, but the original Village Plaza Plan contemplated additional public park and green space in the area of Cedar Grove Parkway between Rahn and Nicols Roads. In a compact concept plan approved by the EDA in 2009, a two acre urban park feature was identified near the midpoint between those roads, lying between Cedar Grove Boulevard and Cedar Grove Parkway. This was in part in consideration of the interests of residents of the new Nicols Ridge development immediately south of the Parkway whose neighborhood's compact design relies on public and shared green space for recreational space as opposed to individual yards. The Paragon concept plan includes the potential for green space and landscaped gathering spaces, but due to its compact design, it would not be able to accommodate the park in the location contemplated by the 2009 concept. Understanding the EDA's commitment to provide additional park amenities in this area, staff has met with members of the homeowner association boards from the Nicols Ridge neighborhood regarding the potential to develop a park on a portion of the EDA owned property lying west of Nicols Ridge and south of Cedar Grove Parkway. The board members are supportive of the alternative location because it would it would be on the same side of the street as the neighborhood, it would allow retention and integration of a mature tree stand instead of relying on new plantings, it offers more topographic interest than an urban park design, it could accommodate both the passive aspects of a mature treed area and graded activity areas and it would be larger than the two acre site defined by the 2009 concept. As was indicated at the time of the discussion in 2009, the design and development of the park would be accomplished through collaboration between the neighborhood stakeholders, the Advisory Parks and Recreation Commission and city staff. Additional Considerations • Project Financing and Financial Analysis — The developer indicates a preliminary investment of approximately $100 million in their projects of similar scope and scale. The developer has had initial discussions with Pratt Development, Cassidy Turley and staff regarding prospective purchase price and cost responsibilities for various improvements. In order to perform the analysis necessary to define the sources and uses of funds and the developer, EDA and City responsibilities for various costs, it is necessary for the EDA to make an initial determination regarding the preliminary concept plan and general expectations for the project. Ultimately, the purchase price, responsibility for development costs and other project requirements will depend on an analysis of the total cost, the developer's capital investment, tax increment generation and other factors. That will process will be undertaken by the parties, if preliminary concept is given approval. • Project Site Control and Purchase Agreement — In order to invest in project development and market the project to retail tenants, it is necessary for the developer to have an agreement to assure site control through the analysis process and the negotiation of a purchase agreement. Staff, the developer, the City Attorney and the developer's attorney have discussed the form such an agreement would need to take in advance of the completion of the analysis above and the completion of a purchase agreement. If the EDA is prepared to give preliminary concept approval to the redevelopment plan, staff is also requesting direction to prepare a preliminary real estate agreement between the parties for consideration at the May 1, 2012, EDA meeting. • Relocation of Xcel Pipeline and Cedar Grove Boulevard — The 2009 concept plan anticipated a potential relocation of Cedar Grove Boulevard to the south to define a large parcel on the north and west sides of the redevelopment area that could offer development prospects flexibility to consider projects of a larger scale. Paragon's proposed layout approaches the property somewhat differently, but would also require a realignment of the Boulevard and the underlying Xcel gas pipeline. At staff's request, the developer analyzed designs that would maintain the Boulevard and the pipeline in their current locations, which would have required the retail center to flank the street and would reduce certain proximities for customers within the development. After consideration of all factors, staff and the developer concluded that the most feasible development approach would be to place the public streets at the perimeter of the project. This design approach also requires the relocation of the Xcel pipeline to the north side of the redevelopment adjacent to the Hwy 13 freeway fence, which would be within the right of way of a relocated Cedar Grove Boulevard. Xcel Energy estimates the cost of the relocation at $1.2 million and the realignment will require the removal of a 2 2S portion of the recently installed Cedar Grove Boulevard improvement. Since that project was partially funded through a $569,000 grant by the Minnesota Department of Employment and Economic Development, the City will need to work with DEED to determine whether any portion of the grant will need to be repaid. These costs would be defined and incorporated in the financial analysis and negotiation of cost responsibilities noted above. • Structured Parking — In order to preserve the redevelopment outlots defined in the proposal and reflect the compact design priorities the EDA has defined for the redevelopment, the developer's proposed concept plan includes a parking structure to be constructed between the retail center and Cedar Grove Parkway. This improvement would take advantage of the difference in grade between the Parkway and the remainder of the redevelopment area. The cost of construction and the definition of responsibilities for long term maintenance are among the extraordinary costs that arise in more compact development approaches. Those details will likewise need to be a part of the financial analysis and negotiation of purchase and development agreements. One of the points made by the Finance Committee in its review of the potential project was that it would be worthwhile for the EDA to retain the option of implementing structured parking in addition to that which would be needed by Paragon for its project needs. The reason for this consideration would be to preserve the option of optimizing the development capacity for the outlots flanking the parking structure, if the future developments on those parcels would benefit from its availability. Essentially, if one or both of those outlots could be optimized if some or all of its parking were accommodated by a level of the proposed structure, rather than on the sites themselves, that option would be available. If that were to become necessary, the developer is proposing that the two level structure anticipated in the base plan could be constructed to accept a third deck at some point in the future. The EDA's consultants are recommending that the EDA negotiate the right to add a deck in the future if necessary rather than build it as part of the base plan. • Traffic Analysis — The developer retained RLK to compare its traffic generation with that previously analyzed through the mixture of uses included in the Alternative Urban Areawide Review (AUAR) update, completed in 2009. RLK staff reviewed their base analysis with the City Engineering staff and it was concluded that, while the overall traffic for a development of this kind is substantial, it would not have the same peak hour impacts as other combinations of uses and would be more spread out through the day and week. As a consequence, the RLK conclusions were that the transportation improvements currently in place and those minor ones that were identified as potential improvements through the AUAR process would be able to accommodate the proposed development without substantial changes in congestion levels. If the Z29) preliminary concept is approved, RLK's analysis should be formalized to be maintained as part of the environmental analysis file for the project. • Potential Market Study — The EDA's decision to become involved in the redevelopment of Cedarvale /Cedar Grove was partially in consideration of the decline of the community shopping center uses that were previously in the area. The combination of the relocation of the primary traffic through the construction of the Cedar Avenue -Hwy 13 interchange, the development of other retail centers in the area and the dominance of the area's market circle by the Minnesota River Valley, led to the closing and /or relocation of most of the original retail businesses at Cedarvale. Previous market studies of the Cedar Grove Redevelopment Area reinforced the perception that community or even sub - regional retail market demand would not support the level of traditional retail development that had been in the area, because of the reliance of such development markets on one, three and five mile market circles and shorter drive times. That has been the partial basis of the redevelopment approaches that anticipated less retail development and more high density residential, office and service development. That said, it has always been acknowledged that destination uses that do not rely on market circle and proximate drive time analyses, such as Jensens Supper Club and Cedarvale Lanes, were able to succeed throughout the period of decline of the area. While it is of a different scale than those two existing businesses, the market draw of a retail outlet center of the type proposed is likewise regional or super- regional in nature, relying on customers coming from longer distances and willing to make the extra turns from the high volume roadways to reach the product mix of such a center. Similarly, while it is a different type of project than the Mall of America, it shares the characteristic that local shoppers make up one aspect of the market, but regional, super regional or even tourist shoppers will be attracted to this type of project. The developer has performed in -house analysis of the Twin Cities' region and has found that the Cedar Grove location aligns very well with their siting criteria. One of the issues raised by the Finance Committee was whether it would be necessary or appropriate to have a third party market analysis performed in this regard, similar to the requirement the City Council applied in the case of the CSM proposal for the prospective retail redevelopment of the Lockheed Martin property in Eagan's central area. The Paragon project would be similar to the CSM proposal from the perspective of its scale. It differs in its outlet format and from the perspective that the Cedar Grove Special Area Plan and the Cedar Grove Zoning District have always anticipated some level of new retail development within the area. To provide some context, staff has communicated with Mary Bujold of Maxfield Research, who performed the market study for the Central Area. She indicated that the City's recently completed market study was specific to the Central Area and not 2 general to the City. To that end, the conclusion of that study was that the Central Area has the capacity to absorb between 630,000 and 940,000 sf of additional retail development between now and 2020. CSM is proposing to develop approximately 520,000 sf in that area. Ms. Bujold indicated that analysis and CSM's proposed development of a portion of the square footage in the Central Area would not directly relate to an analysis of the outlet/destination retail market for the Cedar Grove area. She noted that such a market is substantially different from the more traditional retail market contemplated by the CSM proposal. At this point, staff has not asked Maxfield to offer any further opinion on the market potential or capacity of the Cedar Grove site for this use. The EDA will need to determine whether a third party analysis is warranted in this case. Staff is available to respond to any questions the EDA or you may have in this regard. Community Development Director 2?I P ARAGON OUTLET PARTNERS LLC March 29, 2012 Mike Maguire, President Eagan Economic Development Authority City of Eagan — City Hall 3830 Pilot Knob Road Eagan, MN 55122 Re: Eagan Outlets Proposal Dear President Maguire and Members of the Eagan Development Authority: Thank you in advance for the chance for Paragon Outlets to present this exciting opportunity. We at Paragon believe the Village at Cedar Grove Redevelopment Area is ideally suited for a state -of -the -art, destination outlet project, with its proximity to the Mall of America, the Minnesota Zoo and all of the other great attractions in and around the Eagan area. Because the site already offers great access from Highway 77 and Highway 13, we think this 400,000 plus square foot project will be a unique gateway attraction for Eagan, and will quickly further enhance the EDA's stated goals. The Paragon Outlets team is a very seasoned group when it comes to outlet development. Members of our senior management team have been building and leasing outlet projects for up to 25 years. Paragon is an integrated operation. We identify sites, design and entitle them, lease and build them, and then operate the projects once they are opened. From the start through grand opening and beyond, Paragon will apply its extensive experience to ensure a successful project which, we believe, will not only make the EDA and Eagan community proud, but also serve as a catalyst for additional development for the Cedar Grove Redevelopment Area. We develop projects that people want to return to several times a year. It is a key to our success. Our typical projects result in capital investment in excess of $100,000,000, and create approximately 400 construction jobs, and 1,500 to 2,000 retail jobs when opened. Additionally, we generate significant real estate tax base and sales tax proceeds, thus further benefitting the local communities. We look forward to the opportunity to present our project concept plan at the EDA meeting of April 3, 2012 and to continuing to work with the EDA, the City's staff, and Eagan's elected officials to develop a successful project for all. Once again thank you for your consideration. Very truly yours, �� yti R. Kelvin Antill 217 east redwood street 1 21st floor 1 baltimore ( and 1 21202 1 410.856.1818 232- ,. i . ...i.';:1 '- ''''-r,';''' A. . � • y r"r, n - : x $ V . 1 r f "'" Yr e p - ' '4. III , •'4,N" , r • . . . :.. � i s ■ 11111.,. '47-- l'''':;I: ....- ''':''''''''-' ::44";:t.: ' t ' :41:11:"!: - '''' s'I' '''' i ''.1' } 1111: ,,, , . 1,,,,tf... -..,..' 7,, 63 Iiirropet VI > .:1,41 '''? , ;IV. = _ z, 7:.J , , o ,,, , '- . , 01.4 7,- ig .. Crq %111' . 1111•03 a t o 1 \ � , r i. vJ os, 111 4i141 Zl l I ' : '71' ' r .d?A° , 1,1 av5c. 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' . r . 6 1.; ' ':.-.:'''. : l''', - -, ,,, -..;r7 ' ' 2 ..' , 1,:t1h• • . ' . • /r. ;„ ,, it' 4 1 ' '1, , '•, - --, -.,,,. 2, t '','"' k r r a44 1- W_ cc �a. cc I- LL' 0 PARAGONI O U T L E T S O CC 0 2L IDARAGOnl PARAGON OUTLETS GRAND PRAIRIE, TX DALLAS / FORT WORTH MARKET CENTER OVERVIEW 5/.4,,„ OFF .r `C5TH bIu mingdales _ • • '0°°` 01= , M ► i BANANA REPUBLIC L . > ` ® 1 - , aM. FACTORY STORE 1 I ' 'S ,,` ' r as i'' t TOMMY3HILFIGER ` \, .' \` J � i �.s DT j .. t MICHAEL KORS \i • 1- .. C I A I C L L Y \°614"5" GUESS Paragon Outlets - Grand Prairie is a 420,000 square foot ground -up development ° °^ • ° ^• located between Dallas and Fort Worth, TX. This project will target upscale shoppers who have a passion for luxury retail and the most venerable brands in the world but Hp OUTLET expect bargain prices. 4ae Grand Prairie enjoys its status as a travel hub in the Dallas -Fort Worth Metroplex, NIKE FACTORY STORE with easy access to Interstate 20, Interstate 30, State Highway 360, Loop 12, and AER0P0srALE Spur 303. There are 170,000 vehicles passing the center daily on Interstate 20 and 143,000 vehicles passing by on highway 360. With the State Highway 161 extension O opening by late 2012, anyone traveling east -west between Dallas and Fort Worth will COn /ERSE pass through Grand Prairie. NINE WEST O U T L E T Based upon population, the Dallas -Fort Worth- Arlington MSA is the largest metropolitan area in Texas, the largest in the South, the 4th largest in the nation and the 10th largest • Columbia in the Americas. Dallas is the financial hub of the southwest. Nearby Arlington is the home of the Dallas Cowboys, the Texas Rangers Baseball Park, and Six Flags Over BROOKS Texas. the biggest theme park in the Southwest and Central states. BROTHERS FACTO, STO,, IWO PARAGONI PARAGON OUTLETS GRAND PRAIRIE, TX DALLAS / FORT WORTH MARKET JUST THE FACTS PROPERTY INFORMATION -% 11az 7 L -, - ,..c .q,---- - --,-, _,:„., 3 _t .6 ' i ' GLA: 420,000 sq. ft. . 9'. v DEMOGRAPHICS / ESRI 2009 �. P9 AVERPGE� COME ,.'s i'.a".4 .S-K 7 I,.." ,,, ,,-',N.^:,'''' r - -. ' c Zvi .ac..�. .�._.a .�"s is ns- ,a.,5.'rF,. ... "(+ '. 10 mile 785,835 $75,264 15 mile 1,635130 $69,534 20 mile 2,712,430 $73,922 30 mile 4,795,630 $79,403 45 mile 6,194,470 $84,128 50 mile 6,343,542 $83,605 60 mile 6,544,866 $82,745 7..L11 pARACONI PARAGON OUTLETS GRAND PRAIRIE, TX DALLAS / FORT WORTH MARKET LOCATION • j Little Elm . Frisco 77 /. ' J;:rr.• • Lake Dallas 3 Q I ' i Lila, v i Allen •Justin l.; un.r //; i e x Rhome a,f Lewisville 5,1 • Flower Mound a I . Plano . Roanoke Newark';, j ^r /• / ,1 Grapvime ES *Haslet L „k: ` tie A ddison Coppell . I ® • X1 77 • Carrollton • ' ;'Richardson 'S , 28 MB) ' Southlake \. Keller • • '-- •Grapevine ti;,6 I ®(i 0-- \f-if; GA O { oC "/ 3 • Colleyvllle ;: Gv 7 I ey 1I 1 Bedford Q� - ' • i l.. Mess' Z _ �• Nortt i - Richland Hills – ”. — — vi j - •Hurst • — Irving : :.� .11 haw Ir ,,,: i FORT WORTH DALLAS - Vi/ v 80 !►�{� - -- - - -- -- ARLINGTON :_ " -_ . Grand Prairie 7 _ �287PB _ 67 . \ = PARAGON OUTLETS GRAND PRAIRIE, TX ®... • . �i' _ __ ., Duncanville '- \Kennedale • - - - � Hutchins r `" Lancaster miles /..,,,/ C edar Hill De Soto • Wilmer • • . Crowley i l..k; •' • Mansfield - ' Meson '.ii...,, 20 Ferris v miles ,' .Red Oak • Lillian '\ Midlothian 30 Joshua – miles CD _Venus Palmer • 12873 • Driving Distances: DALLAS - 15 miles / FORT WORTH - 20 miles From Fort Worth: Take I -35W South to 1 -20 E. Take I -20 East towards Dallas just past TX 360. Take Exit 454. Take the U -Turn under the highway. Merge onto 1 -20 frontage road heading westbound. Site is on the right along the frontage road. From Dallas: Take I -30 West to TX 360 South. Take TX 360 South to 1 -20 E. Take I -20 East toward Dallas. Take Exit 454. Take the U -Turn under the highway. Merge onto 1 -20 frontage road heading westbound. Site is on the right along the frontage road. ..2.14, pARAGO PARAGON OUTLETS GRAND PRAIRIE, TX DALLAS / FORT WORTH MARKET AERIAL ^° _.. _.-,„ .� r te' ' '_ 4 'n:. _ • r•. .._ = ^—a' _ ,..a ?zs�+;• e -- � piR _ L' : , !. w Y• -� - ti � ,err._ / r Y� ,� r ' • 3 '7 { . -� ; �C` a _ :" mss" -r 4 O � Y �p = `r J / — ` '� i ,C „ny :} � s /' f / f _ R'. A t 1 . - R - .�.. ��wti � ' : .fir / 1 �'�K ( , ^' `. • y i" f • // 0 ... ,...._ ,, ..,44-7 .,' '." ' -- - ---- ,45 ,- ,,,,, ,, ."' '' : 4.i'l. ., .k L ' Liti , - •_- './' ...Y1 „.. /i. • I . i : ',zi w, r t �� Y� 1 • II ... 4 , � ' ` r. '1.- > - . - 5 The site is located at the Northeastern quadrant of 360 and 1 -20. r W 5 3 149 pARAGONI PARAGON OUTLETS GRAND PRAIRIE, TX DALLAS / FORT WORTH MARKET AERIAL ToDalas/Ft. Worth Intl Airport 1 i ' _. a s f •,, 3 Nil .. c„ . ._ ...,. , .,. r °' `fir 1 . vi • +rte + • }yr j , if ^, ;' j- tr t +.a ..i ♦ -, t•' It-1 x '}' 1 1 t - , _iJ ..� - i t rr '' - 1 � Sara Jane Parkway _ .. ., ; r • .,.„?: , .._, ••• ._._._, r • ' ---:-:------- .----'"ii:014146"*".t.",, z/ '.1 ' ',441;:" di 1 To Fort Worth E ' � w:' �s { w � tls: ., - - 170,DDO vehi deep ass daily 2 0 T t \ 7.------7.-.7._:.„ i 4 R r �' ? , �t Ta000as +ss 360 r t N W+ E 5 250 IDARAGONI PARAGON OUTLETS GRAND PRAIRIE, TX DALLAS / FORT WORTH MARKET MARKET SNAPSHOT .. ............ , .. I , .... I ;.,a,; ,,,,,-.4.4 ,, - - l .... • * - 1 , '"ii 4' alto 17 '.• :: ' .1, - M,' ''"' —I , ,., ',. -... : ;, 4,:ta 1 7 , PT F • 7.,1 LT:: I'. :: ' fT,„e lit " • • l' •.' ---- 1 - 1' - '.- - • IP - -- -'-.:.--, --, ....AI vi , ? .: •:, .-.,-, , . • .. . . • ., , . . .,. . , . . NEWTOLLHIGHiVAY EXPANSIONTOBECOMPLETEBY 2012 ..:-......J.... z .360 '' - 4. '..-: Ili.E.rif9, .1 -: . • .. •: ".°,, :, _ : ,, .,_ ICURRINTLY THE HIGHWAY ISNOT A TO2 I HIGHW AY) : - ., ..: : --./- :-..... -- •./ Nill• - --•-r _..., :i .. -1, • •-- -.. .r., . --.. . -,-_'_,__...,, ), . 11 • -.,..,,,,,,,, ., ''---- - :.,--:-<,.. , ..,. . , .. ..•ige -- Y -- - ' - -: '-,.. ,•••_-_1--;.11.; • PARAGON OUTLETS GRAND PRAIRIE, TX ,, nai up 0 4 x., . 4 -N.-J. , ' 4 • - .. • . 1,:y, 1 :_,,,' , . ' ' • ' - ` - ,.,>,- i .. • • amyl , • .,.. f . "' -.•••`. 1 ..„1 'Ws A'. 9- • i :-"' 1 ....11 • • •" ...... -0 9 1 V• - . ; 1 1 '. 5 1 --..' „ • a .. ,. 1;•;: ,1 . .. •r,`" • •9 _ 1, ,>... 4- ""1".1 ,- ,•, - ;" ". ,. • ....: "... , .g 1 ..•.•. :a' 14-, . ,. ' = : •" - - - I' V ININIMill.ii..... '. A.. > = o 0 . ...,. i.n, :. . • ..... .. . ci _,! ,;-,.) till -• • i .... .„,- ---- :..--...../...,.._:!:.,-. :.... -.-ii „.... i . . >, ...._ . . .. -- -- ---,....:\ 4...... : sARAANE.pARKwAnnANEsion, .. . -,.. .c. id• - • ,,,,,:-----.. 2 EACH DIRECTION AND A TURNING LANE • • ' ' • `4 -- • . )c. 4 t.. . .;.-. A 177. ', ). • ,,,....: . 1 i ..,, „ _ _ _ _.., _ , _■.. Sara Jane Park 4,, ” '" :...4. .. . 7 • - t . , 1 ,•-• ri • • i - .4. -- " . . l''''' ' ^. • . .. „ a: - ..- ,- I _ .. _cud Or -, , i • ,......'„ : , ....-1, `st a Jan: PaO • •• FT WORTH 9- -• - ep •-• •-• - 170 -"' --`• • . ' ; tr ' ••• ' TABIIIIIIIIm • - • 4 • - ,000 vehicles • pass dail - °° . ....- - % ,„ .. . III 1 --:::., Y . 1U .. _ ...._ . _ . _.. DALLAS ...- . . _ '' -1 .- Iv - - ,..-- — • i vo,.. : . ..: _.-., ., , - . . • N-,•f• •4411:: j r—.-- -''''. - • Fe , ..•44 ' . r .'.. .•77 - t -- • -- . ----- - • - - - •,...,, :.„; .., , ar... 4 1 • L---„-„,,-,4- • .- _'. ...., ', .., 1 jarei. /. , .>" . - --... ,. 1, ,'• . . . 4 '•.- 11 . - -•- ..'"•• -- .- 8 •"•-• !,..,, , ; 4 if ■ • f , '-• ..0•■-:. . !7 ,,V.-••:,4 , A _1_:_i _. — — __---. 1, , N ■__, ". - '• i •' '''.: .. "'4 .g 77.s',.: , . 1`_ 4:.,., , 4: ..i.:.. ,,,bia., , ,..;.,:•:4•• , ... v ---. .------.....,, -.: . • F _ •-,.. ., • ,ii.f.:.......,., ,),..,-...,---, : I ''.* - ,;:.:...k.1.,..- - - . --..-':::',':, ... .... 1 -,-_-, . •i 41. ,1' .'" S'iii.. :.I.' :';'•: fi....,, . • ., •,- • -,1.-4,:. •, .. --....n:-, - 4 .": . 7 7 .14 ! 4 , i i . ,,4 i:• • • ' "%- •• ••;;;.•,.1..:tet. .. • • ,,,• . 6 . . - ...._(,,_.....- ..".: : 360; i:/, • ' •••.;A '..:“ • • .• ''' - --•',g;•.! - •••••!".:.••'!: ''' ' '•••• 1: ' • „ . ,...24.i..1i..,..-..f^ :..1-. ,. -;-.. - 4 .r2. -.. 1. -..- t.-.4 .; .' l 'L'N;0-; . : 44 ;•'•.....•••••••. - ''. '''''‘'''''4'4' --:.. '-.4.c.i.•••.:-._ '.7-_ '.. ' •• *,'.- - -. r • • - . - • • .- . - - - - - • • - . - '- :•• ' - . . .019 i t" • `N . : .: •••:',-_. .,..,"14:''"n • .'''' • ,. .-• : • ••• • '''' •S'...i, .--ci e . - . 1 :::411:.:. • ; ----. 1%,,, , ...:P::: • ' : ,.„,. " :''1 ' Miliffalfil I_ .. . . - ..:,... / ' l'' ' 4 . 2 . , ..- .W-t • Man ..„..., ...,;,- c3,,, ,..,.. - 1 41i t t, S ',irt! >..., . J, , -,f.ii.: :,:::: ': , •:'•iig,',.. ;• i %; - ' ' ) . • • •• •A'-'6: -. i, '"'-""" • ' " • . : .... . • I N FUTURE ROAD INFRASTRUCTURE w+ E S 251 PARAGON' PARAGON OUTLETS GRAND PRAIRIE, TX DALLAS / FORT WORTH MARKET TOURISM /PLACES OF INTEREST Saginaw iI _ . rt � ; 1 l- } • s ` 0 Ilan L Field ; Bedford f a University ver P k : • . Euless '' 1 MI i ;fr / — r `� ® ;Highlan Park, charn Melody Hills orth'Richland HON— -r' 2' ----; ffiti. �, I • Richland H s' " ® • Hurst i � ss Irvin � ` g �, ansom Park - - Villa - l _ tom CrtY i ,n l -'f i Oil II i ry V i HI a rt,W i • q; ` Greer eT Pe rk' ; /�a� F7 River Oaks y , FO� h 1. }, _ . `' kS stworth © .$ m - � if Grand Prairie - 1 -'1\ , __ _ ,lover HIIIS r ® ! g o ,...-.,�_.,......_ II H . : / ,i 1a . r. 1J t I n eight C Ilr n t kre i akeland Heights , , �' , Pante_ 1 � � La -vie • w i 'Dalw irthington Ga ��z �� L28j ke olive '�/ -,.. 9rh :ora» 1 • G PARAGON OUTLETS GRAND PRAIRIE, TX 1__.. , r. n ,- '? Forest Hill 1217 so = , • ; Edgeeli Village -- - ` _ i -- + ion . ;t v ile E 5 xo • ung �; __ r I K. nnedale • D • 1 miles O Duneanvdi Ai Fgr Station' { rman - - 1 1 - . , Ev la Sycaitrore • � r \Bisbee - 7 i 1 Joz Shamrock , 1 ,G m Acres \ ` pool Cedar Hil ! De Soto Lances } '�� ..- ' take •, . • • Crowley .Oa Grove r i • ;Fendon , • 13 F ort Wo Pinks Mansfield I Y ' l Bureson T . j - ;•- ! Ovil: r' A - DALLAS COWBOYS STADIUM C - VERIZON THEATER Opened in 2009, the 3 million square foot $1.3 billion stadium is the largest and The 6,350 seat Verizon Theatre at Grand Prairie offers one of the most flexible most expensive in the NFL. One quarter of all NFL memorabilia has to do with the performance spaces in the US. It is the first venue of its kind and has been Cowboys and Forbes ranks the team ahead of the Yankees as the most valuable referred to as "the theater of the future ". Since its February 2002 opening, the American sports franchise and top NFL franchise. The stadium holds 111,000 facility has hosted productions by Carlos Santana, BB King. Coldplay. Sesame fans, hosted the 2011 Super Bowl and will host the 2014 NCAA Men's Basketball Street Live!, Alicia Keys, Michael Buble, Robin Williams and many more. Final Four. B - TEXAS RANGERS BALLPARK IN ARLINGTON D - SIX FLAGS OVER TEXAS The $191 million Rangers Ballpark in Arlington opened in 2004. The field itself is Millions of people visit Six Flags Over Texas and its complementary Six Flags located 22 feet below street level in order to avoid summer winds, and the seats Hurricane Harbor, which is the sixth largest water park in the US. Visitors are alongside either dugout are as close to the baselines as any in baseball. drawn to the gut- wrenching roller coasters, Looney Tunes character perfomances, and some of the tallest, fastest rides around. E - FORT WORTH ENTERTAINMENT DISTRICTS Known as the "City of Cowboys and Culture ", Forth Worth is home to three main entertainment districts located within 3 miles of each other: Sundance Square, Stockyards National Historic District and the distinguished Cultural District. home to the oldest museum in Texas and a world- renowned botanical garden 252 IP A R A G O NI PARAGON OUTLETS GRAND PRAIRIE, TX DALLAS / FORT WORTH MARKET COMPETITION 10 �i! Little Elm Frisco ,\ Argyle :;;!.., 77 ` • Lake Di Stonebriar Centre Cc Allen Premium Outlets 15 I: Lake d .Allen �2 Rhome I' 2fl 1 Lewisville y t o ' I. /1 • Flower Moand o • Plano Newark ,Roanoke 30 ,Haslet rr k: The Shops at Willow Bend 13 tsii miles ' - - Grapevine Mills '. — Addison * Carrollton tygjpg)',,, Southlake Town Square Jryl - .Ric hardson \ a ' ,� ® Grapevine t' 4-" ` i I • \ \ ® ��1 � • 20 l ._ es'r neywll �� ' e Galleria Dallas miles ' La P I. •Bedford ,e o� B Irving Mall •North Rlchlend Hills 11 4 - 1 - 11_ North Park Center • i i O tas O /..k: it •Hurst ,� O Village at Highland Park 1 Q " ° "/` ', FORT WORTH DALLAS t }, t miles eo ; . tz `. - » ` Gra Prair Terrell Tanger 9 Ridgmar Mall r - .., . Outlet Center r, O University Park Village g�• ' '� Hulen Mall I t ` Arlington Highlands 0 PARAGON OUTLETS GRAND PRAIRIE, TX /� • O = p _ The Parks at Arlington 1183 © \\ K ennedale Duncanville e \ • < ',Hutchins C Oruhr ok \ . Luke i 4n• 43 % 4.,/ Cetlar Hill . De Soto Lancaster * Crowley L &-.' • - • . • Wilmer Mansfield Burleson sl • Ferris 1 Paragon Outlets - Grand Prairie 6 Southlake Town Square / 26 miles 11 North Park Center / 28 miles Anthropologie, Lily Pulitzer, Coldwater Creek, The Spa Neiman Marcus, Bameys New York, Nordstrom 2 Arlington Highlands / 6.5 miles Bed Bath & Beyond, Borders, Cost Plus World Market, 7 Grapevine Mills / 25 miles 12 Galleria Dallas / 28 miles Ethan Allen, Jos. A. Bank, PetSmart, Staples Saks Fifth Avenue, Nordstrom 8 University Park Village / 26 miles 3 The Parks at Arlington / 8 miles Apple, Williams- Sonoma, Origins, Pottery Bam 13 The Shops at Willow Bend / 36 miles Macy's, JC Penney, Dillard's Neiman Marcus, Saks Fifth Avenue 9 Ridgmar Mall / 29 miles 4 Irving Mall / 15 miles JC Penney, Sears, Macy's, Dillard's, Neiman Marcus 14 Stonehriar Centre / 41 miles Macy's, Barnes & Noble Booksellers, Victoria's Secret Nordstrom, Coach, J Crew, Soma, Sephora 10 Highland Park Village / 25 miles 5 Hulen Mall / 24 miles Chanel, Tory Burch, Scoop NYC, Hermes, Ralph Lauren, 15 Allen Premium Outlets / 48 miles Macy's, Sears, Dillard's Luca Luca, Frederick Fekkai, Jimmy Choo, and Escada 16 Terrell Tanger Outlet Center / 46 miles 7 � PARAGoNI OUTLETS PARAGON OUTLETS GRAND PRAIRIE, TX DALLAS / FORT WORTH MARKET RENDERINGS r c i.?,:i-::,...,,: , x : \ ~ - - - = --- / l/N O FF ii....a .., ( Ju,[ 5TH i :. ..,,,_;141 i s . 1 ili . ' I , 11 ' - I a ir. - , _ , _ .._ .. ... • 4,, z .- El 4 1,1 : t /I , 11 _. \:. .:. ' ' •. 1.. ( ? I ' , .,..., 1 . 7 , ..- -,-. -,-,. /7 , . ... Nik :.:::-..-::::.",. - -I . f wictiAm,KoRs :,„.„.._, 4 ., . ... i‘it 1 .-:'-., ; W -''' . 7 1 Y r_ 1�- °1-- �S�i S � MIKE FACTORY STORE 4 :fig. u •, �. "' � �_i �i t - r ..1.111-1, r z . c z -,,- 1 251j) I PARAGON OUTLETS GRAND PRAIRIE, TX DALLAS / FORT WORTH MARKET BRANDS G: OFF blcumingcalcls cgs TOMMYMICHILFIGER JOE- J S" MICHAEL KORS SKEGYE77S KENNETH COLE - PERRYELLIS BANANA REPUBLIC 0111 3 UNDER ARMOUR FACTORY STORE FACTORY MOUSE O LACOSTE K A K L EY U.S. POLO ASSN. AEROPOSTALE Ka rt`Mii(ilEii H I d B C _ w B-110-0-KS HOUSE MARKET TRUE RELIGION S`f( BROTHERS sa1N�l6�ra YYY OUTLET VINCE yJCAMUTO FACTORY STORE LOVECLLTU?E � OHNSION &MURI'I I�" pa 'Jn® UNIVERSE luicp CCouture® joins gootoupOrthanta. 9 0 J.CREW THE CHILDREN'S TALBOT S W OUTLET PLACE OUTLET pumill< CHICO'S DKNY _gpSF GUESS OUTLET YANKEE CANDLE' �lan,�CS. 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J '° - .... ab \ a '�ix' b ' . mil "'"E' ` � +� g ' y � p + - der ��ili3i y a .1.. � a Ui ` ,w•" � ,. .. ,i ' t., � � , i, fit: . 3 } N * 4. ` � X y Ja .,' i f � 4 11 � F ` ie FF ' " H7 � e *k "M rl , \ fs. y gyp, v� w -. , ; 1 _ .� lir d d d ' " IP. \ ,,,,,, ,,:',4„.'„R. I* ,007 ,;. . . ` / a io .., - ',''ret -'-- °,-.' '',\= \ ..,-„,' ' E f,' - 4 AV 111101 r m r x t1P 9 . " ' " " , " " ' , v " a \ j� V ..,LL ?tell; a> 1 'tRt � .. - - v \� v z "/d d m ired - . �. 7 a ti v 4. . V . 0..7 �.. �, _ ' + k4 141 � R. '' \\ 4 N a .d 16 , .4* \ ‘ 4* •k,,.*. 2tm,,vicoi _ CO x � r w i w t , 7To.` +4.`"V '1.• ' It.,„4:.,4, , , ' '1'.': , .*.; A fiy -,„„ty .. . �~*� � � yKco \ � i ki z Q 1 1 j s�O3IN D O fi� y rt � � ' r h " r1 ♦ " C o G r .a Pi e -a c tt 2.59 Agenda Information Memo Eagan Economic Development Authority Meeting April 3, 2012 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. 2460 FINDINGS OF FACT AND CONCLUSIONS CENTRAL PARK COMMONS ENVIRONMENTAL ASSESSMENT WORKSHEET Prepared for City of Eagan, Minnesota March 2012 TABLE OF CONTENTS I. ADMINISTRATIVE BACKGROUND 1 II. PROJECT DESCRIPTION 2 III. DECISION REGARDING NEED FOR ENVIRONMENTAL IMPACT STATEMENT 4 A. Type, Extent, and Reversibility of Impacts 4 B. Cumulative Potential Effects of Related or Anticipated Future Projects 5 C. Extent to Which the Environmental Effects are Subject to Mitigation by Ongoing Public Regulatory Authority 5 D. Extent to Which Environmental Effects can be Anticipated and Controlled as a Result of Other Environmental Studies 6 IV. CONCLUSIONS 7 APPENDIX A: Comments Received APPENDIX B: Comment Responses - - FINDINGS OF FACT AND CONCLUSIONS CENTRAL PARK COMMONS ENVIRONMENTAL ASSESSMENT WORKSHEET EAGAN DAKOTA COUNTY, MINNESOTA L ADMINISTRATIVE BACKGROUND The City of Eagan is the Responsible Governmental Unit for this project and CSM Eagan, LLC LLC is the project proposer. An Environmental Assessment Worksheet (EAW) has been prepared for this project in accordance with Minnesota Rules Chapter 4410. The EAW was developed to assess the impacts of the project and other circumstances to determine if an Environmental Impact Statement (EIS) is indicated. The EAW was filed with the Minnesota EQB and circulated for review and comments to the required EAW distribution list. A "Notice of Availability" was published in the EQB Monitor on February 6, 2012. A Notice of Availability was sent to the Pioneer Press, Star Tribune, Eagan This Week, Sun Current and Eagan Patch. These notices provided a brief description of the project and information on where copies of the EAW were available, and invited the public to provide comments that would be used in determining the need for an EIS for the proposed project. The EAW was made available for public review at Eagan City Hall and the Dakota County Library Wescott Branch in Eagan. All comments received during the EAW comment period were considered in determining the potential for significant environmental impacts. Comments received during the comment period, and responses to the comments, are provided in Appendix A and B, respectively. Central Park Commons EAW - 1 - March 2012 Findings of Fact and Conclusions II. PROJECT DESCRIPTION CSM Corporation proposes to redevelop the approximately 47 -acre Lockheed Martin research and development facility at Pilot Knob Road and Yankee Doodle Road in Eagan into a development of either mixed office and commercial uses (Scenario A) or all commercial space (Scenario B). The project is also referred to as the Central Park Commons Project. The redevelopment will be a mix of large and small retail shops, restaurants, plaza spaces, and trails. Scenario A would also include office space. Under Scenario A, the project will construct a total of 75,000 square feet of office space and 480,500 square feet of open -air retail and restaurant space. Under Scenario B, the project will construct a total of 507,600 square feet of open -air retail and restaurant space. The project also includes construction of three stormwater ponds and gateway signage at each entrance. Corrections to the EAW or Changes in the Project Since the EAW was Published Since the EAW was published, the following project items have changed or been updated: Traffic The EAW reported that the access along Pilot Knob Road at Norwest Court will remain open and the existing Lockheed Martin driveway located across from Norwest Court will be closed. Based on discussions with Dakota County staff, it is the County's desire to modify this intersection (i.e. median extension) to limit access to right - in/right -out movements in the future to improve operations and safety along Pilot Knob Road. The City understands the County's long -term vision for this intersection but needs to develop other area connections to maintain access for impacted properties before access modification can occur. Therefore, the City and County will continue to monitor this intersection to determine the appropriate time for the access modification and begin to investigate alternative roadway connections for impacted properties. The EAW states that in order to safely accommodate the 1/4 access for the proposed development located between Norwest Court and Marice Drive, the Pilot Knob Road and Marice Drive intersection needs to be modified to a 1/4 access (restricting the westbound left-turn movement from Marice Drive to Pilot Knob Road). This modification requires the median along Pilot Knob Road to be extended at a minimum to Marice Drive. However, Dakota County staff expressed concerns that stopping the median at Marice Drive will not completely restrict the potential for illegal westbound left -turns from Marice Drive onto Pilot Knob Road. Therefore, it is the County's desire to extend the median along Pilot Knob Road through the Central Parkway intersection to improve intersection safety. It should be noted that the County's long -term vision for the Pilot Knob Road and Marice Drive intersection would be a right - in/right -out only access. The City and County realize the right - in/right -out modification is not currently necessary, but will continue to monitor the intersection to determine if/when further access modification of the Pilot Knob Road and Marice Drive intersection is required. Central Park Commons EAW - 2 - March 2012 Findings of Fact and Conclusions Wastewater Generation An updated calculation estimates the wastewater generated at the redeveloped site to be 71,000 gallons per day (gpd). The wastewater generation rate estimated in the EAW is 67,000 gpd. Water Use An updated calculation estimates the water use at the site to be 71,000 gpd. The water use estimated in the EAW is 67,000 gpd. Contamination The EAW incorrectly noted that the property was formerly a Resource Control and Remediation Agency site. The property was a Resource Conservation and Recovery Act site. The EAW also noted that a Phase I Environmental Site Assessment (ESA) for the property did not identify any evidence of contaminated soils. This should be corrected to state that the Phase I ESA identified recognized environmental conditions, including above ground storage tanks, sumps, and an oil -water separator. The Phase I ESA also identified historic recognized environmental conditions, including former underground storage tanks, former manufacturing operations, former wastewater treatment processes, and a closed leaking underground storage tank site. The consultant recommended no additional soil investigations. The Minnesota Pollution Control Agency (MPCA) advises that the purpose of a Phase I ESA is to document the historical use for the property and does not analyze the soil or ground water contamination. Asbestos is present in the existing building. The asbestos will be removed according to federal, state, and county regulations including the Dakota County hazardous waste ordinance. Metropolitan Council staff noted that the project is within the City of Eagan's Drinking Water Supply Management Area, which has been designated as having low to moderate vulnerability to contamination by the City and the Minnesota Department of Health. Wells One well is known to be located on the site. In coordination with Dakota County, the well be left in place until construction commences in 2013. The well will be sealed and closed at that time according to MPCA, MN Department of Health, and Dakota County regulations. Central Park Commons EAW - 3 - March 2012 Findings of Fact and Conclusions III. DECISION REGARDING NEED FOR ENVIRONMENTAL IMPACT STATEMENT A. Type, Extent, and Reversibility of Impacts The City of Eagan finds that the analysis completed for the EAW is adequate to determine whether the project has the potential for significant environmental effects. The EAW described the type and extent of impacts anticipated to result from the proposed project. This document provides clarifications and additional information since the EAW was published. Following are the findings regarding potential environmental impacts of the proposed project and the design features included to avoid, minimize, and mitigate these impacts: Water Use Dedication of sufficient public easement and access for the construction of a well and transmission line pipe will be needed. Stormwater Management With the redevelopment, approximately 10 acres of impervious surface will be added to the site. As part of the proposed redevelopment, the project will incorporate a stormwater management plan designed to meet the permitting requirements of the City of Eagan (the administrator for the Gun Club Lake Watershed Management Organization, or GCLWMO) and the MPCA (via the National Pollutant Discharge Elimination System, or NPDES, permit). This management plan along with the construction erosion and sediment control plan discussed below constitute the stormwater pollution prevention plan as required by the NPDES permit. The permanent stormwater management plan may include wet detention ponds and infiltration practices. It is expected that the water quality and water quantity leaving the site will be improved over that of the existing condition. Temporary and permanent erosion control plans will be identified in the final site grading and construction plans for each stage as required by the NPDES permitting for construction sites and in accordance with local erosion/sedimentation standards. Erosion control measures will be in place and maintained throughout the entire construction period. Removal of erosion measures will not occur until all disturbed areas have been stabilized. Wastewater The project will connect to trunk and lateral municipal sanitary sewers that are available to the north of the site. The site is served by Sanitary Sewer District N. The existing sanitary sewer can accommodate wastewater from the site. A Sewer and Water Connection Permit will be needed prior to construction. Central Park Commons EAW - 4 - March 2012 Findings of Fact and Conclusions Traffic As discussed in EAW Item 21, access points along Pilot Knob Road will be managed for better distribution of traffic volumes to and from the proposed site. However, to accommodate the proposed 1/4 access along Pilot Knob Road that will serve the proposed development, the westbound left -turn movement at the Pilot Knob Road and Marice Drive intersection will be restricted to maintain safe operations along Pilot Knob Road. The specific design of these access points will be determined through the development approval process and coordination between the City and Dakota County. Land Use The project is not currently compatible with the City of Eagan 2030 Comprehensive Plan land use designation for this sub -area of the Central Commons Special Area. The proposer applied for a Comprehensive Guide Plan Amendment, which the Eagan City Council approved for submittal to the Metropolitan Council. As of December 28, 2011, the Metropolitan Council has waived further review and action on the proposed amendment to change the land use designation of the 41.2 acre subject site to Major Retail. B. Cumulative Potential Effects of Related or Anticipated Future Projects The area surrounding the project is fully developed and no substantial redevelopment activities in the area are planned by the City. Therefore, there is little /no potential for significant cumulative effects from the proposed project and other foreseeable future actions. C. Extent to Which the Environmental Effects are Subject to Mitigation by Ongoing Public Regulatory Authority The mitigation of environmental impacts will be designed and implemented in coordination with regulatory agencies and will be subject to the plan approval and permitting process. Permits and approvals that have been obtained or may be required prior to project construction include those listed in Table 1. Central Park Commons EAW - 5 - March 2012 Findings of Fact and Conclusions TABLE 1 PERMITS AND APPROVALS Permit Agency Action Required National Pollutant Discharge Minnesota Pollution Permit Elimination System/State Disposal Control Agency (MPCA) System (NPDES /SDS) Construction Stormwater Permit Sanitary Sewer Extension Permit MPCA Permit Sanitary Sewer /Watermain Minnesota Department of Permit Construction Health Local EAW City of Eagan Approval EIS Need Decision City of Eagan Approval Permit to Work Within City Right of City of Eagan Permit Way Grading and Excavation Permit City of Eagan Permit Sewer and Water Permit City of Eagan Permit Stormwater Permit City of Eagan Permit Development Review City of Eagan Approval D. Extent to Which Environmental Effects can be Anticipated and Controlled as a Result of Other Environmental Studies The City of Eagan and other regulatory agencies have extensive experience in redevelopment projects. Many similar projects have been designed and constructed throughout the City with similar environmental concerns. CSM Corporation has completed many redevelopment projects throughout the Twin Cities area and have dealt with similar site constraints. All design and construction staff are very familiar with the project area. No problem is anticipated which the staff of CSM Eagan, LLC LLC or the City of Eagan have not encountered and successfully solved many times in similar projects in or near the project area. The City of Eagan finds that the environmental effects of the project can be anticipated and controlled as a result of environmental review and experience on similar projects. Central Park Commons EAW - 6 - March 2012 Findings of Fact and Conclusions IV. CONCLUSIONS 1. All requirements for environmental review of the proposed project have been met. 2. The EAW and the permit development processes related to the project have generated information which is adequate to determine whether the project has the potential for significant environmental effects. 3. Areas where potential environmental effects have been identified will be addressed during the final design of the project. Mitigation will be provided where impacts are expected to result from project construction, operation, or maintenance. Mitigative measures are incorporated into project design, and have been or will be coordinated with state and federal agencies during the permit process. 4. Based on the criteria in Minnesota Rules part 4410.1700, the project does not have the potential for significant environmental effects. 5. An Environmental Impact Statement is not required for the proposed Central Park Commons redevelopment project. For the City of Eagan: Michael J. Ridley, AICP Date City Planner City of Eagan Central Park Commons EAW - 7 - March 2012 Findings of Fact and Conclusions 14 Minnesota Historical Society STATE HISTORIC PRESERVATION OFFICE ° \ 1D February 24, 2012 Mr. Michael Ridley City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 F RE: Central Park Commons (Lockheed Martin Site Redevelopment) — CSM Corporation to demolish a research facility at Pilot Knob Road & Yankee Doodle Road and construct a 6- building development T27 R23 S9 SE Eagan, Dakota County SHPO Number: 2012 -1087 Dear Mr. Ridley: Thank you for the opportunity to review and comment on the above project. It has been reviewed pursuant to the responsibilities given the Minnesota Historical Society by the Minnesota Historic Sites 1 Act and the Minnesota Field Archaeology Act. Based on our review of the project information, we conclude that there are no properties listed on the National or State Registers of Historic Places, and no known or suspected archaeological properties in the area that will be affected by this project. Please note that this comment letter does not address the requirements of Section 106 of the National Historic Preservation Act of 1966 and 36CFR800, Procedures of the Advisory Council on Historic Preservation for the protection of historic properties. If this project is considered for federal assistance, or requires a federal permit or license, it should be submitted to our office with reference to the assisting federal agency. Please contact our Compliance Section at (651) 259 -3455 if you have any questions regarding our review of this project. Sincerely, Mary Ann Heidemann Manager, Govemment Programs and Compliance Minnesota Historical Society, 345 Kellogg Boulevard West. Saint Paul, Minnesota 55102 651- 259 -3000 • 888- 727 -8386 • www.mnhs.org From: Doperalski, Melissa (DNR) fmailto: melissa.doperalski@state.mn.usl Sent: Tuesday, February 28, 2012 4:57 PM To: Mike Ridley Subject: RE: Central Park Commons (Lockheed Martin Site Redevelopment) EAW - DNR Comments 1 I The Department of Natural Resources has completed the review of the Central Park Commons (Lockheed Martin Site Redevelopment) EAW. The DNR has no comments for the EAW. Thank you, Melissa Melissa Doperalski Region 3 Environmental Assessment Ecologist Department of Natural Resources 651.259.5738 melissa .doperalski • AI le Minnesota Pollution Control Agency 520 Lafayette Road North 1 St. Paul. Mlnresota 55155-4194 1 651-296-6300 800 -657 -3864 1 651 -282 -5332 TTY ( www.pcastate.rm.us 1 Equal Opportunity Employer March 6, 2012 Mr. Michael.). Ridley City Planner 3830 Pilot Knob Road Eagan, MN 55122 Re: Central Park Commons Environmental Assessment Worksheet Dear Mr. Ridley: Thank you for the opportunity to review and comment on the Environmental Assessment Worksheet (EAW) for the Central Park Commons project (Project) located in Eagan, Minnesota. The Project consists of a mixed use office and commercial development. Regarding matters for which the Minnesota Pollution Control Agency (MPCA) has regulatory responsibility and other interests, MPCA staff has the following comments for your consideration. PPrrr(ts and Anorgvals Reauired'Item 82 The MPCA Sanitary Sewer Extension Permit should be added to the list of permits in Table 1 as it may be necessary to obtain a Sanitary Sewer Extension Permit from the MPCA prior to construction. The application form and additional information on this process can be found at http: / /www.pca.state.mn.us/ water / permits /index.htmi#sanitarvsewer. Questions on the Sanitary Sewer Extension Permit process should be directed to Corey Mathisen at 651- 757 -2554. Water Quality: Wastewaters (Itept 181 The value of estimated wastewater flow produced is given as 67,000 gallons per day. This value appears 2 to be on the low end of the projected range according to engineering standards. Depending on the final use of the space, the projected flow could be three to four times the value given in the EAW. A more detailed calculation of wastewater flow projections would be helpful. ;solid Wastes. Hazardous Wastes. Storey Tanks (Item 20 3 I The EAW incorrectly states that this property was formerly a Resource Control and Remediation Agency site. To clarify, this property was a Resource Conservation and Recovery Act site with a history of contamination. The EAW also states that a Phase I Environmental Site Assessment (ESA) was conducted 4 and did not identify evidence of contaminated soils. This Is an incorrect statement. The purpose of a Phase 1 ESA is to document the historical use of the 'property and does not analyze for soil or ground water contamination. It is possible that contaminated soil or groundwater may be present on the site. State law requires that persons properly manage contaminated soil and water they uncover or disturb - even if they are not the party responsible for the contamination. Developers considering construction 5 on or near contaminated properties should begin working early in their planning process with the MPCA's Petroleum Brownfields Program and /or the Voluntary Investigation and Cleanup (VIC) Program to receive necessary technical assistance in investigating and managing contamination. For some properties, special construction might be needed to prevent the further spreading of the contamination and /or prevent vapors from entering buildings or utility corridors. Information regarding the Mr. Michael J. Ridley Page 2 March 6, 2012 Petroleum Brownfields Program can be found at http: / /www.DCa.state.mn.us /programs /voic p.html#factsheets. Information regarding the VIC Program can be found at http:// www. pca .state.mn.us /cieanup /vic.html. If contamination is found, it must be reported immediately to the state duty officer at 651- 649 -5451 or 800 -422 -0798. Low Impact Design The MPCA advocates the use of Low Impact Design (LID) practices to aid in the minimization of 6 stormwater impacts. LID is a stormwater management approach and site - design technique that emphasizes water infiltration, values water as a resource, and promotes the use of natural systems to treat water runoff. Examples include: • Special ditches, arranged in a series, that soak up more water • Vegetated filter strips at the edges of paved surfaces • Trees or swales between rows of cars • Residential or commercial rain gardens designed to capture and soak in stormwater • Porous pavers, concrete and asphalt for sidewalks and parking lots • Narrower streets • Rain barrels and cisterns • Green roofs LID concepts may be found in the State of Minnesota Stormwater Manual dated November 2005 located on the MPCA website at: http: / /www.oca. state. mn. us / water/ stormwater /stormwater manual.ht In addition, the MPCA LID webpage provides a description and examples of LID features such as permeable pavement, rain gardens, and green roofs. Links to other resources on LID are available as well. The website is located at http: / /www.oca.state.mn.us /water /stormwater /stormwater lid.htmt. We appreciate the opportunity to review this project. Please provide your specific responses to our comments and notice of decision on the need for an Environmental Impact Statement. Please be aware that this letter does not constitute approval by the MPCA of any or all elements of the Project for the purpose of pending or future permit action(s) by the MPCA. Ultimately, it is the responsibility of the Project proposer to secure any required permits and to comply with any requisite permit conditions. If you have any questions concerning our review of this EAW, please contact me at 651- 757 -2508. Sincerely, WM kW Karen Kromar Planner Principal Environmental Review Unit Resource Management and Assistance Division KK:mbo cc: Craig Affeldt, MPCA, St. Paul Doug Wetzstein, MPCA, St. Paul Corey Mathisen, MPCA, St. Paul '" Minnesota Department of Transportation 4 g Metropolitan Distr . I Waters Edge Building °f " 1500 County Road B2 West Roseville, MN 55113 March 5, 2012 Michael Ridley City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 SUBJECT: Central Park Commons EAW MnDOT Review # EAW 12 -002 Area NW of SB I -35E Exit ramp at Pilot Knob Road/Yankee Doodle Road Eagan, Dakota County Control Section 1982 Dear Mr. Ridley: Thank you for the opportunity to review Central Park Commons Environmental Assessment Worksheet. Please address the following comments before any further development: Traffic: The EAW should include the impacts to the northbound I -35E to Pilot Knob ramp terminal in its traffic operations analysis. MnDOT is concerned about potential queuing on the exit. For the North Ramp intersection of I -35E at Pilot Knob, the Synchro model outputs show Level of Service (LOS) E (Existing through 2015 build) and LOS F for the 2030 options. However, the SimTraffic outputs show that this intersection is operating at LOS B (Existing through 2015 build) and at LOS C for the 2030 options. The poor Synchro LOS seems to be due to a heavy eastbound to southbound right -turn movement. This may need more investigation. Please identify the reason for the discrepancy between the Synchro output and the SimTraffic. Please submit the Synchro files for review. Please submit to David Sheen, MnDOT Metro District Traffic (651- 234 -7824 or David. SheenAstate.mn.us). Review Submittal Options: Mn/DOT's goal is to complete the review of plans within 30 days. Submittals sent in electronically can usually be turned around faster. There are four submittal options. Please submit either: 1. One (1) electronic pdf. version of the plans. Mn/DOT can accept the plans via e -mail at metrodevreviews .dot @state.mn.us provided that each separate e -mail is under 20 megabytes. 2. Three (3) sets of full size plans. Although submitting seven sets of full size plans will expedite the review process. Plans can be sent to: Mn /DOT — Metro District Planning Section Development Reviews Coordinator 1500 West County Road B -2 Roseville, MN 55113 3. One (1) compact disc. 4. Plans can also be submitted to Mn /DOT's External FTP Site. Please send files to: ftp: / /ftp2. dot. state.mn.us / pub /incomin /MetroWatersEdge /Planning Internet Explorer doesn't work using ftp so please use an FTP Client or your Windows Explorer (My Computer). Also, please send a note to metrodevreviews.dot(a)state.mn.us indicating that the plans have been submitted on the FTP site. If you have any questions concerning this review, please contact me at (651) 234 -7793. Sincerely, 1)4 1 Michael J. Corbett Senior Planner Copy sent via E -Mail: Michael Ridley, City of Eagan Julie Lindquist, Dakota County Ann Braden, Metropolitan Council Buck Craig, Permits Nancy Jacobson, Design Scott Carlstrom, Water Resources Richard Cady, Water Resources Lee Williams, Right -of -Way Sheila Kauppi, Area Engineer Clare Lackey, Traffic David Sheen, Traffic ' A Metropolitan Council AA March 7, 2012 Michael J. Ridley, AICP Eagan City Planner 3830 Pilot Knob Road Eagan, MN 55122 RE: Central Park Commons Environmental Assessment Worksheet (EAW) City of Eagan Metropolitan Council District 15 (Steven T. Chavez) Metropolitan Council Review File No. 20943 -1 Dear Mr. Ridley: The Metropolitan Council received the City of Eagan's Central Park Commons EAW on February 2, 2012. The former Lockheed Martin research and development facility is proposed to be developed into over 500,000 square feet of commercial or mixed office /commercial space. The proposed project will construct parking, stormwater management facilities, and a public trail along Central Parkway in the City. Council staff reviewed the EAW's accuracy, completeness, potential impacts, and the need for an Environmental Impact Statement (EIS). Council staff finds that the proposed project is consistent with regional policies and no EIS is needed for regional purposes. However, the following comments are offered concerning the EAW: Item 7 — Project Magnitude Data The EAW discusses two scenarios that would each develop over 500,000 square feet of built space. Commercial development and associated employment in this area is already assumed in Metropolitan Council's forecasts and the City's Plan Update from 2011. Revision of City total and TAZ forecasts for Eagan can be considered as necessary through future comprehensive plan amendments. Item 13 — Water Use The EAW reports that the proposed development will result in an increased municipal water demand of 67,000 gallons per day. While the EAW notes that the City's 2008 Water Supply and Distribution Plan identified the need for a future supply well to meet growing municipal demand (assumed to include 2 demand generated by this project), the EAW does not indicate if the future demand generated by this project is represented in the water demand projections reported in the City's 2007 Emergency and Conservation Plan. Where appropriate, perhaps in Item 27 (Compatibility with Plans and Land Use Regulations), the EAW 3 would also be improved by noting that the project area is entirely within the City of Eagan's Drinking Water Supply Management Area (DWSMA), which has been designated as having low to moderate vulnerability to contamination by the City and the Minnesota Department of Health. Recognition of the site's relation to the City's drinking water supply is particularly important in light of the existing • groundwater contamination on the site (Appendix C) and the City's indicated plans to install a new well immediately adjacent to the site. The stormwater management practices discussed in Item 17 (Water Quality: Stormwater Runoff), page 4 14, include infiltration practices. Given the site's location within the City's DWSMA, design of stormwater infiltration practices should consider potential impacts to the municipal drinking water supply and to the movement of existing contaminant plumes. wwww.metrocouncil.org 390 Robert Street North • St. Paul, MN 55101 -1805 • (651) 602 -1000 • Fax (651) 602 -1550 • TTY (651) 291 -0904 An Equal Opportunity Employer Michael J. Ridley, AICP March 7, 2012 Page 2 Finally, the Council encourages the City to continue promoting the implementation of water conservation 5 programs and measures. New development and re- development always present opportunities to implement new water conservation and reuse strategies as part of construction and site landscaping. Item 21— Traffic The site is served by the Minnesota Valley Transit Authority (MVTA). While the conceptual site plan 6 appears to have good connecting sidewalks into the site, there appears to be no mention of transit in the document. A good pedestrian network into the site would be needed to reduce the desire /calls to deviate transit off of the main arterials (Pilot Knob and Yankee Doodle). A deviation of the existing service would increase travel time for those already on the bus and going to points below this location. The regional guidelines for such deviations call for the number of passengers going to the point(s) of deviation to be greater than the through riders going below that point. The call for deviations of transit off of main arterials seldom meets the guidelines. The document's concept plan does not show bus stops on Pilot Knob and Yankee Doodle. It would be 7 good have them shown along with a brief sentence regarding the existing transit service on Pilot Knob and Yankee Doodle and the value to transit of a good pedestrian network into the site. Item 27 — Compatibility with Hans and Land Use Regulations The Lockheed Martin research facility is within the City's Central Commons Special Area Plan. The 8 City's 2030 Land Use Map (see below) shows this parcel to be "MO" Major Office. The EAW contemplates either Scenario A (mixed office and commercial) or Scenario B (all commercial). The City will have to amend its Comprehensive Plan for future land uses showing "RC- Retail Commercial" symbols on the City's land use map to accommodate either Scenario. The details of the EAW are consistent with Eagan's Comprehensive Plan policies for the Commons Special Area Plan. 2030 Land Use Map Rpm 3.8 Carrot Commons Existing Lewd Use eti ..ft it w.r " 711111111.1110Wr, i £. C// MU' y I i . ; . E \ ig ,9 .per♦ ,��, � -` . > .. f ' , f l i.i . ''' *-1 ,.pit a t Oar e. ti 1 " � ` ;' r, 0w WRaNeaWl 1 = ,/ "f i r - ;. 0lowaenitiRMata+w lli 1,t,C , n r , �. ,,;11 .Makin*knotty AagdtaWt S 7 .: ":> r ,, ; . , s ;i , - r , • RP+!,P tHc ;A -- . .. - s d 1., .. ' =WW ' 1 f' , , ,,y u 0 Pa-Active GoUCx L ,_ ' I ,. I e ) w _ 1)„,1 ` r.::w� r"�r` � ?' b ow. 1F v Michael J. Ridley, AICP March 7, 2012 Page 3 The Metropolitan Council will take no formal action on the EAW. If you have any questions or need further information, please contact Jim Larsen PE, Principal Reviewer, at 651 -602 -1159. Sincerely, V/ Phyllf anson, Manager Loca Tanning Assistance cc: Steven T. Chavez, Metropolitan Council District 15 Judy Sventek, Water Resources Assessment Manager Patrick Boylan, Sector Representative Cheryl Olsen, Reviews Coordinator r C O U N T Y March 7, 2012 Physical Development Division Lynn Thompson, Director Michael Ridley, Planning Director City of Eagan Dakota county 3830 Pilot Knob Road Western Service Center 14955 Galaxie Avenue Eagan, MN 55122 Apple Valley, MN 55124 -8579 952.891.7000 fax 952.891.7031 Dear Mr. Ridley: y. Environmental Mgmt. Department Thank you for the opportunity to review and comment on the Office of GIS Environmental Assessment Worksheet for the proposed Central Parks and Open Space Department Park Commons redevelopment of the Lockheed Martin site. We Surveyor's Office Transit Office know it is rare for a city that is almost fully developed to entertain Transportation Department a proposal for almost a half million square feet of retail space on Water Resources Department such a large site. Though your consultant has worked well with our Traffic Engineer on the traffic study for the proposed project, we remain concerned about the additional traffic that will be generated by this development at an intersection that is already one of the County's busiest. Other concerns outlined in the attachments to this letter include hazardous waste disposal and runoff from impervious surfaces after the site is redeveloped If you have questions or concerns, your contact in Dakota County should be Kurt Chatfield, Planning Supervisor (952.891.7022), or Kristi Sebastian for transportation issues, at 952.891.7178. Sincerely, i keyria4:1M4- , Lynn Thompson, Director Physical Development Division c: Commissioner Thomas Egan, District 3 Brandt Richardson, County Administrator 4J Pr: led can recycled pap w o 30% posa-censtene. waft. 144 €QLM& O➢POR1U4ITY fl ftOt14 Dakota County Staff Response Environmental Assessment for CSM (Lockheed Martin site) proposed redevelopment March 2012 Project Description Lockheed Martin has occupied the northwest corner of Pilot Knob Road (CSAH 31) and Yankee Doodle Road (CSAH 28) in Eagan since the 1960s, though the computer lab /research and office space was originally owned by Univac. in 2010, the company announced a consolidation of operations with other locations across the country meant it would close its Eagan facility by early 2013. At the time, the 47 -acre site contained a 620,000 square foot office /research facility with 1,000 employees. Central Parkway forms the other roadway boundary along the north and west; the site is across from the Eagan Community Center. CSM Corp. bought the property in 2011 and has announced plans to redevelop the site into either mostly commercial space with some office space or completely commercial space. The project is now called Central Park Commons and will be a mix of large and small retail shops, restaurants, plaza spaces, parking, and trails interconnected in a series of mini malls. Some office space may be included. CSM plans to demolish the current office building and parking lots in 2013. The project proposal estimates almost 500,000 square feet of new retail space and almost the same number of parking spaces as those that will be dug up. Six new buildings will be constructed, along with internal access roads, parking, sidewalks, three stormwater ponds and gateway signage. CSM says reusing the existing building does not fit its concept plan, and a market study shows an overabundance of unoccupied office space nearby. Dakota County staff in several departments have reviewed the Environmental Assessment document. Their comments follow. Transportation Concerns Dakota County's Traffic Engineer, Kristi Sebastian, has been working with city staff and the consultant (SRF) since early in the process. This cooperative approach has allowed changes in the development proposal that mitigate some of our early concerns. The traffic study findings are included in the EAW. There is no question that this development will add traffic to an already congested area. We expect there will be less traffic during the weekday morning peak traffic period than there is with current site use, because few of the Central Park Commons retail businesses will open that early. However, there will be additional traffic in the late afternoon and evening hours, and clearly many more trips will be made to and from the site on weekends compared to the current use. Because the number of trips through the intersection of Pilot Knob and Yankee Doodle roads is already at or above capacity of the current design, and proximity to 35E prevents consideration of an interchange or any other major design improvement, we are very cautious about agreeing to access changes that could benefit the development but will exacerbate traffic congestion in the area. Dakota County Staff Response Environmental Assessment for CSM (Lockheed Martin site) proposed redevelopment March 2012 Specifically: • The proposed partial access for the development along Pilot Knob Road will be 1 considered in context of the design that is needed for this entire area to function and by assessing how it can be built with the future need for six lanes (divided) north of Diffley Road. Partial access for the development along Pilot Knob Road may be accommodated only with changes at the intersection with Maurice, and possibly modifications at Central Parkway and Norwood Court. Other design changes, such as a median extension, median closures, turn movements, and other roadway connectivity to address access changes, need to be worked out by the staff from the County, the City and the developer during the proposal design. • The traffic study and the EAW do not include a collision assessment. While traffic studies typically do not include an analysis of the risks of additional collisions, county transportation staff have information on collisions and safety concerns in the area that will be considered when assessing improvement requirements for access along pilot knob road. Also, the traffic study (as reflected in the EAW) shows that when the Central Park Commons 2 development opens, the intersection with Quarry Road as it exists today will be insufficient for people exiting the development. The study suggests monitoring the intersection to determine if or when a traffic signal or roundabout is needed. If it is clear that an improvement at that intersection will be necessary to effectively move traffic out of the development, potential solutions should be discussed with the developer during this review process to ensure improvements can be built in the future. Contaminated Sites Concerns The information provided in EAW Items 20(a) and (b) beginning on page 18, concerning Solid and Hazardous Waste, is rather general. Results of Phase 1 and Phase 2 Environmental Site Assessments may provide more specificity about materials on the site. We encourage CSM 3 and its contractors to work with our staff in forming their plans for any hazardous or solid waste that is encountered. Dakota County's hazardous waste ordinance requires Lockheed Martin, the seller of property, to dispose of all known hazardous materials before the building is vacated. A site visit in January 4 by our staff confirmed that the building contains asbestos, used in pipe wrap insulation and sprayed fire insulation, mostly in the sub - basement levels. Dakota County's solid waste ordinance would be applied if CSM needs to dispose of demolition 5 waste or industrial waste such as contaminated soil at landfills in Dakota County. The EAW mentions state rules and regulations. Dakota County also has a hazardous waste management (no. #111) and a solid waste ordinance (no. #110) that must be followed. Link to them: http:/ 1www.co.dakota.mn.us /LawJustice /Ordinances /default.htm Please contact Rolland Meillier in the Environmental Management Department at 952 - 891 -7545 for more information. Dakota County Staff Response Environmental Assessment for CSM (Lockheed Martin site) proposed redevelopment March 2012 Water Management Concerns The city's consultant solicited information from the County's Water Resources staff during its research for the EAW, and most of the concerns raised by our staff have been addressed. However, we have two suggestions. On page 11 of the EAW, there is a statement about the possibility that unsealed wells, perhaps remaining from historic agricultural use, could be found somewhere on the site. Because Dakota County has regulatory authority over well sealings as delegated by the Minnesota Department of Health, the second sentence in that section should be amended to read: 6 "If unsealed wells are encountered, they will be closed according to MPCA, MN Department of Health, and Dakota County regulations." On page 19, the statement "any toxic or hazardous materials to be used or present at the site" should recognize the potential presence of groundwater contamination that has migrated from 7 off -site and any measures planned to monitor or mitigate that potential plume. In the past, groundwater below this site was found to have been contaminated by activities from a neighboring property. The current condition of the groundwater should be evaluated before excavation proceeds. Please contact David Swenson (952 - 891 -7554) or Jill Trescott (952 -891 -7019) for more information. Soil and Water Conservation District Concerns In several sections in the EAW, the consultant implies that a new City stormwater system designed to achieve "no net increase" over the existing developed conditions is adequate for 8 this site. Because existing conditions already affect downstream water bodies such as the lake in Central Park, Gun Club Lake and the Minnesota River, it is not adequate. As described in the EAW (page 13), the redevelopment is expected to add 10 acres of impervious surface to what was already considerable impervious surface on the 47 -acre site. That much runoff will carry motor oil, chemicals such as phosphorus, toxic metals and other impurities that should be kept out of downstream water bodies. To improve the existing conditions, Lockheed Martin worked with the City of Eagan to develop a comprehensive stormwater management plan to retain the first one inch of runoff from all impervious surfaces on this Lockheed Martin site. Rather than approaching stormwater management with the intent of meeting the minimum requirements, the EAW should clarify the need to incorporate as many Low Impact Development (LID) practices as possible into the new site design. With a proposed project of this magnitude, we hope CSM's intent is to protect the downstream resources by meeting or exceeding the level of one -inch volume reduction that was previously determined for this site. Please contact Mike Isensee (651- 480 -7781) for more information. Traffic Impact Analysis — Review Comments Page 1 of 2 Location: Lockheed Martin Site Redevelopment — CSAH 31 & CSAH 28 Prepared by: SRF, January 18, 2012 To: Russ Matthys, PE City Engineer Eagan Department of Public Works Marie Cote, P.E. Principal at SRF Reviewer: Kristi M. Sebastian, P.E., and P.T.O.E. — Traffic Engineer irk (952) 891 -7178 Dakota County — Department of Transportation Date: February 13, 2012 This document summarizes the review finding comments related to the Lockheed Martin Site Redevelopment Traffic Analysis. An initial review of a "high level assessment" was conducted in August 2011. That information suggested the traffic expected from this site will have a significant impact on the county highway system in an area already having capacity and operational concerns. Since that time SRF traffic staff worked with the county to identify the revised development plan impact along with best analytical practice for reducing traffic based on the existing Lockheed Martin sight use. Those interim review steps showed the AM traffic had a relatively minor impact to the system so conducting only a PM evaluation focusing more directly around the sight would provide the necessary understanding of the operation with the proposed development. The staging of review has allowed interim review comments to be incorporated into the process and provided an opportunity for modifications internal to the site to address some traffic flow concerns. The evaluation includes the necessary assessments and traffic analysis approach is consistent with standard methods. The following are comments related to the report along with some thoughts and direction for further discussion between the city and county for access and improvements in the area: • Traffic Safety -- A collision assessment was not included in the traffic study. While typically 1 traffic impact analysis does not review the collision information, this data should be considered in the overall environmental impacts and during discussions of access and median operation for the corridor of Pilot Knob and Yankee Doodle. • Area Needs - Past correspondence noted the long -rang needs and access plans for Yankee Doodle and Pilot Knob Road. The study and especially 2030 access plans could be reflected more fully in the study analysis to recognize the development impact and just overall traffic changes necessitating access and operational changes through the area. Specific items include: CSAH 28, Yankee Doodle Road has a 6 -lane need in this area which would necessitate '/2 mile full access spacing. The main access for the development off of Central Parkway is seen as a full access long term and the intersection of Washington Avenue with CSAH 28 is an existing signal approximately 1/8 mile from Pilot Knob Road that is too close to other major intersections and creates operational issues along the corridor. The development has little impact on this operation so that long -term need and evaluation will be handled outside this study. Pilot Knob Road (CSAH 31) has a 6 -lane divided highway need from Diffley Road to Central 2 Parkway with 'h mile full access corridor adjacent to the proposed redevelopment site and north of Central Parkway. As noted in earlier reviews, additional access through the area would only be considered based on county staff determination that an evaluation indicates additional access would benefit the highway system. Issues related to evaluations along Pilot Knob Road include: P; /traffic impact studies /Lockheed Martin site.doc Traffic Impact Analysis Review Comments Monday, February 13, 2012 Page 2 of 2 o Proposed development access along Pilot Knob Rd. reduces some traffic using the signal 3 at Central Parkway and Yankee Doodle and provides a 2 " option for northbound left turns into the site. This access is beneficial however, the expectation that the majority of left turns would occur at this partial access may not be reflective of actual conditions. The Central Parkway access is restricted in order to provide for a turn at Maurice which is accommodating a minor move that could be served at the traffic signal. Additionally, other turn movements are being provided with potentially less than adequate deceleration and storage areas. In reviewing the operations and access schematic, turn lane tapers and lengths may need to be longer than shown to facilitate proper access throughout area. Figure 7 is viewed as a schematic for discussion of the possible access configuration. A partial access along Pilot Knob for the development is beneficial and should be developed; the details of the median extension, left turn lane needs throughout the area along Pilot Knob Road, and location of each median closures and specifics to go along with this access proposal for the development will need to be worked out between the county, city and developer through design. o The study identifies that the Pilot Knob Road and Norwest Court access operations fails for traffic exiting Norwest. While an interim plan for access in 2015 should be discussed 4 with the city including opportunities to provide a connection to the signal at Northwood Parkway, the 2030 access scenario should provide for the right in -out access at Norwest Court as the issues here are related not only to queuing southbound Pilot Knob but lack of ability to find gaps and safety issues. 2030 evaluation should show this access as right in /out to recognize the necessary improvement based on operations and the long term plan based not only on spacing guidelines but evaluation findings and safety. Improvement Measures: The traffic study identifies that the Central Parkway and development access at Quarry Road access 5 operations fails for traffic exiting the development. Study notes "this intersection should be monitored to determine if /when a traffic signal or roundabout may be needed." Potential solutions and how improvements could be accommodated (right of way needs etc...) in the future is an item that would typically be discussed with the city through this study and development review process. Study recommends a partial access along Pilot Knob Road to provide for better distribution of traffic 6 volumes. The study does show how this distribution would be beneficial to the street system. The exact design needs for Pilot Knob Road including median changes, openings, and signal improvements at Central Parkway and Pilot Knob Road will need to be worked out through discussions with all parties and additional design work. The implementation of timing changes and other intersection improvements identified through the report will also need to be discussed and agreements /permits developed to facilitate implementation as applicable. Based on review, next steps should be discussion on implementation. Corrections could take place to reflect comments in the environmental work as applicable. Minnesota Pollution Control Agency 1. Response: The MPCA Sanitary Sewer Extension Permit has been added to the updated Permit Table under Item C. 2. Response: The wastewater generation rate projection was based on the proposed building square footages and the Metropolitan Council Sanitary Sewer Availability Charge Schedule. The projections were based on the both scenarios (all retail and restaurant, or including office uses as well). Based on the City's 2030 Comprehensive Sewer Plan (http: / /www cityofeagan. com/uplo ad/ images /Public W orks /Eng /RS CP %20Comp S ewer. pdf), retail land uses are expected to generate approximately 1,000 gallons per acre per day, with a peak flow factor of 1.5, or 1,500 gallons per acre per day. If this rate is applied to all 47.3 acres of the site, the rate per day is 71,000 gpd. City staff find that the existing municipal wastewater conveyance system has sufficient capacity to handle this volume of wastewater. 3. Response: Correction noted. This information was added to Section II of this document. 4. Response: Correction noted. This information was added to Section II of this document. 5. Response: CSM Eagan, LLC LLC acknowledges the possibility of encountering contaminated soils on the project site, though the developer is not aware of existing contaminated soils on site at this time. Asbestos is present in the existing building, and removal will occur prior to building demolition. All contaminated soils and materials will be handled and disposed of according to federal, state, and county regulations. The possibility of contaminated soils will be taken into account when selecting stormwater infiltration methods. 6. Response: CSM Eagan, LLC LLC will utilize stormwater management methods to meet the City's stormwater management ordinance. Best management practices may include rate control ponds, wet detention ponds, and infiltration practices. The on -site BMPs in conjunction with ponding facilities downstream of the site will help to minimize any water quality impacts to receiving waters. Minnesota Department of Transportation 1. The I -35E northbound off -ramp /Pilot Knob Road intersection was included in the initial review of the traffic operations analysis. However, after reviewing the associated trip generation of the proposed development, and taking into account traffic pattern shifts due to the recently opened Duckwood Drive overpass and the existing Lockheed Martin traffic, the impact at the I -35E northbound off - ramp /Pilot Knob Road intersection was minimal. Once this was determined, the development team (SRF, City of Eagan, and Dakota County traffic staff) agreed that there was no significant need to continue to analyze this intersection. Based on discussions with MnDOT staff, the main queuing concerns in this location are specifically during the a.m. peak hour. It should be noted that traffic volumes on the I -35E northbound off -ramp during the p.m. peak hour are significantly lower than the a.m. peak hour. Since the proposed development will consist of mainly retail land uses, which are replacing an office land use, the volume impact during the a.m. peak hour will be less than what currently exists (see Table 3A in Appendix D). Therefore, queuing on the northbound I -35E off -ramp during the a.m. peak hour will not be impacted by the proposed development. MnDOT staff was provided additional information about the discrepancy between the Synchro and SimTraffic output. Synchro is a macroscopic model that looks at each individual intersection from a capacity perspective. SimTraffic is a microscopic model that takes into account various driver characteristics and the impact of adjacent intersections. The SimTraffic results provided a more realistic representation of the traffic operations that were observed at this location. Synchro has difficulty modeling this eastbound right -turn movement due to gaps in the southbound traffic flow along Pilot Knob Road created from the signal at the Pilot Knob Road/Yankee Doodle Road intersection, as well as the slightly higher turning speeds due to the eastbound channelized right lane. Therefore, results from SimTraffic were reported for this location based on engineering judgment. It should be noted that both the Synchro and SimTraffic outputs were included in the appendix at the request of Dakota County. The development team has coordinated with MnDOT staff and provided the files as requested. Metropolitan Council 1. Response: Comment noted. 2. Response: The 2008 Water Supply and Distribution Plan and the 2007 Emergency and Conservation Plan both addressed the future demand of a fully developed Eagan, including the full development of the project site. The additional demand of the 67,000 gallons per day reported in the EAW is well within the scope of these plans, as is the corrected estimate of 71,000 gpd reported in Section II of this document. The project site demand may be addressed without utilization of the on -site future supply well. 3. Response: Comment noted. This information was added to Section II of this document. 4. Response: The stormwater management design will consider the contamination potential. 5. Response: The City of Eagan will evaluate the water conservation measures as part of the development review process. The City will encourage CSM Eagan, LLC to implement water conservation on the site. 6. Response: The site plan indicates sidewalks throughout the site. A transit station is located approximately '/ mile southeast of the project site. Pedestrian access to the transit station and bus stops along Pilot Knob and Yankee Doodle Road will be provided. No deviation of service is proposed. 7. Response: Bus stops are located along Pilot Knob Road (approximately every 0.2 mile) and Yankee Doodle Road (approximately every 0.1 mile). The site will include good pedestrian access, which increases the value of the site for transit use. 8. Response: Comment noted. The City will amend its Comprehensive Plan to show the change to the land use map. Dakota County Lynn Thompson 1. Response: See Section II of this document for changes in the proposed access design coordinated with Dakota County since the EAW was published. The additional safety data is noted. The City of Eagan will continue to work with Dakota County to monitor safety problems and coordinate resolving any issues that arise. 2. Response: The footprint for a potential roundabout at the Quarry Drive and Central Parkway intersection has been accommodated into the site design (i.e. building setbacks, etc). 3. Response: CSM Eagan, LLC LLC is not aware of existing contaminated soils on the site. Any hazardous waste generated or contaminated materials encountered on the site will be handled according to federal, state, and county regulations. 4. Response: The asbestos removal will be handled according to Dakota County regulations (see Response #5). 5. Response: All waste disposal, including demolition materials, industrial waste, or construction waste will occur in accordance with the Dakota County Solid Waste Ordinance, and Hazardous Waste Regulation ordinance. 6. Response: Comment noted. The well present on the property will be sealed and closed according to Dakota County regulations. 7. Response: Previous site cleanup activities included groundwater testing. In 1994 a petroleum release occurred and cleanup was done in coordination with the MPCA involving excavation and removal of 11 drums of soil. Additional soil and groundwater testing was conducted to the satisfaction of the MPCA. The leak site was closed in 1995. A RCRA investigation conducted at the site detected chromium in the groundwater. Additional investigation was required by the MPCA to determine if a release had occurred. The investigation was conducted and concluded that a release had not occurred and that the chromium was naturally occurring in the groundwater. The MPCA agreed with these findings in a letter dated December 2, 1993. All of the monitoring wells were removed under the MPCA direction. 8. Response: CSM Eagan, LLC LLC will utilize stormwater management methods to meet the City's stormwater management ordinance. The development review process will review the stormwater management practices proposed on the site, and will encourage the developer to utilize low impact development practices. Best management practices may include rate control ponds, wet detention ponds, and infiltration practices. The on -site BMPs in conjunction with ponding facilities downstream of the site will help to minimize any water quality impacts to receiving waters. Dakota County — Kristi Sebastian 1. Response: The additional safety data is noted. The City of Eagan will continue to work with Dakota County to monitor safety problems and coordinate resolving any issues that arise. See Section II of this document for changes in the proposed access design coordinated with Dakota County since the EAW was published. 2. Response: The City of Eagan will continue to work with Dakota County to monitor capacity, access, and safety issues within the study area and coordinate resolving any issues that arise. 3. Response: See Section II of this document for changes in the proposed access design coordinated with Dakota County since the EAW was published. 4. Response: See Section II of this document for changes in the proposed access design coordinated with Dakota County since the EAW was published. 5. Response: The footprint for a potential roundabout at the Quarry Drive and Central Parkway intersection has been accommodated into the site design (i.e. building setbacks, etc). 6. Response: See previous responses and Section II of this document for a description of changes in the design since the EAW was published.