04/02/2013 - City Council RegularAGENDA
EAGAN CITY COUNCIL
EAGAN MUNICIPAL CENTER BUILDING
APRIL 2, 2013
6:30 P.M.
I. ROLL CALL AND PLEDGE OF ALLEGIANCE
-3 II. ADOPT AGENDA
III. RECOGNITIONS AND PRESENTATIONS
4 A. OATH OF OFFICE – City Administrator Dave Osberg
5B. RECOGNITION of student Collin Westgard
IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made
for an item to be pulled for discussion)
(P A. APPROVE MINUTES
15 B. PERSONNEL ITEMS
l(a C. APPROVE Check Registers
l2 D. SET INTEREST RATE on special assessment levied in 2013 at 3.5%
LS E. DESIGNATE Anchor Bank as the City's depository
F. Item removed
l°► G. APPROVE Reallocation of CDBG Funds to Assist with Costs related to the Riverview Ridge
Workforce Housing Project
H. Item removed
i. AWARD City Contract No. 13 -01 (Cedar Grove Boulevard Phase II– Street & Utility
Improvements)
-�o J. AWARD City Contract No. 13 -03 (Neighborhood Street Revitalization)
9,- K. AWARD City Contract No. 13 -04 (Neighborhood Street Revitalization)
�L. AWARD City Contract No. 13 -10 (Citywide Sanitary Sewer Lining Improvements)
%. M. AWARD City Contract No. 13 -11 (Citywide Water Quality Storm Sewer Improvements)
3 N. APPROVE Agreement with MN Department of Health for Source Water Protection Grant
O. APPROVE Agreement with Dakota County Transportation Department, County Project No.
30 -24, Diffley Road Street Improvements
P. APPROVE a Resolution to accept donations for Market Fest 2013 from Rasmussen College,
Eagan55 Plus /Seniors, Dakota County Library, Minnesota Pork, Blue Cross and Blue Shield of
Minnesota and Health Partners
�3 Q. APPROVE Plans & Specifications, City Contract 13 -13 (Municipal Well Sealing Improvements)
4 R. APPROVE Final Payment, City Contract 13 -09, Utilities Administration Area Modifications
_,5–S. VACATE Public Easements – Stonehaven 4t" Addition (continued from March 5, 2013 Public
Hearing)
T. APPROVE Final Subdivision and Final Plan Development of Stonehaven 5t" Addition
V. PUBLIC HEARINGS
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VII. NEW BUSINESS
t 3 A. CONDITIONAL USE PERMIT - 3769 Denmark Trail West / Kristen Miller - A Conditional Use
Permit to impervious surface coverage in a Shoreland Overlay located at 3769 Denmark Trail
West
IQ B. PLANNED DEVELOPMENT AMENDMENT - McDonald's Holiday Lane - A Planned Development
Amendment to allow changes to the exterior building located at 3045 Holiday Lane
90 C. INTERIM USE PERMITS – Max Steininger Inc. - An Interim Use Permit to allow concrete
recycling and a contractor yard located on 3089 Neil Armstrong Blvd
io—D. CONDITIONAL USE PERMIT – Davis Equipment – A Conditional Use Permit to allow outdoor
storage located at 1710 Alexander Blvd
VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
IX. ECONOMIC DEVELOPMENT AUTHORITY
A. CALL TO ORDER
B. ADOPT AGENDA
=o C. CONSENT AGENDA
1. APPROVE EDA Minutes
2. APPOINT EDA Executive Director
3. APPROVE Parking Ramp Design Approval Agreement with Paragon Outlets Eagan LLC
4. APPROVE First Amendment to Sale and Purchase Agreement between the EDA and
Paragon Outlets LLC pertaining to Site Grading
5. APPROVE Parking Ramp Easement Agreement with Paragon Outlets Eagan LLC
A. OLD BUSINESS
B. NEW BUSINESS
�q3 1. CONCEPT PLAN REVIEW— Cedar Grove Parking Structure
ILk'1 2. CONSIDER Modification of Tax Increment District No. 1 Cedar Grove Redevelopment
District
C. OTHER BUSINESS
G. ADJOURN
E�_l7�ill ►IF'��3� 1�1 �_[�3 �� I Jl
A. City Attorney
B. City Council Comments
C. City Administrator
D. Director of Public Works
E. Director of Community Development
Xl. VISITORS TO BE HEARD (for those persons not on the agenda)
*4 = m*i[6I
XIII. ADJOURNMENT
City of Evan Memo
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY ADMINISTRATOR OSBERG
DATE: MARCH 29, 2013
SUBJECT: AGENDA INFORMATION FOR APRIL 2, 2013
CITY COUNCIL MEETING
ADOPT AGENDA
After approval is given to the April 2, 2013 City Council agenda, the following items are in order
for consideration.
9
Agenda Information Memo
April 2, 2013, Eagan City Council Meeting
RECOGNITIONS AND PRESENTATIONS:
A. Oath of Office for City Administrator Dave Osberg
FACTS:
➢ The Oath of Office will be administered to City Administrator Dave Osberg, who began
work with the City of Eagan on March 25.
➢ The verbal oath of office is being administered during the first City Council meeting
Administrator Osberg is attending. The official, written oath was signed on
Administrator Osberg's first day of work.
ATTACHMENTS (0):
4
Agenda Information Memo
April 2, 2013,
Eagan City Council Meeting
RECOGNITIONS AND PRESENTATIONS:
B. RECOGNITION OF STUDENT COLLIN WESTGARD
FACTS:
➢ The Eagan State of the City Address was held on March 21St before a business and
community audience at the Eagan Community Center
➢ One of the persons highlighted by Mayor Maguire in his speech for giving back to the
community was not able to be present that morning.
➢ Communications Director Garrison has additional information about Eagan High School
student Collin Westgard and will introduce him and his family to the City Council for
their recognition.
➢ In recent years the State of the City Address has frequently included mentions of
wonderful ways Eagan residents make a difference to their community —from a resident
who found and rescued someone who had fallen and broken' a leg and had been outside
in the cold for some time, to residents who have volunteered to maintain old
cemetaries, go on yearly mission trips, or plant rain gardens.
➢ This year we were particularly proud to mention Eagle Scout and Eagan High School 9t" grader
Collin Westgard. He's an Eagle Scout. Collin repairs old computers and gives them to people
who don't have one. He does it from the family garage where he has refurbished and given up
to two dozen computers since Middle School.
➢ Collin's father taught him how to repair the computers and his mom —a teacher —knew students
in need. Collin has also helped seniors better understand the computer they do have.
➢ At this point we would like to ask Collin to step forward to tell you why he does what he does.
And we want to encourage his mom and grandparents to come up with him to hear the City
Council's thanks for his continuing community involvement.
ATTACHMENTS:
• none
Agenda Information Memo
April 2, 2013 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 19, 2013, Regular City Council meetings as
presented or modified.
ATTACHMENTS:
• Minutes of March 19, 2013 Regular City Council meeting are enclosed on pages
through I � .
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
MARCH 19, 2013
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor
Maguire, Councilmembers Bakken, Hansen and Tilley. Councilmember Fields was absent.
A regular meeting of the Eagan City Council was held on Tuesday, March 19, 2013 at 6:30 p.m. at the
Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Hansen, and Tilley.
Also present were Assistant City Administrator Miller, Director of Finance Pepper, Director of
Community Development Hohenstein, Director of Public Works Matthys, Communications Director
Garrison, Police Chief McDonald, Recreation Supervisor Phillips, and Executive Assistant Stevenson.
AGENDA
Mayor Maguire initiated a moment of silence to acknowledge former Councilmember Ted Wachter who
passed away on March 13, 2013.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as
presented. Aye:4 Nay:0
RECOGNITIONS AND PRESENTATION
OPEN TO BUSINESS PROGRAM
Acting City Administrator Miller introduced the program noting in cooperation with the Dakota County
CDA and other Dakota County cities, Eagan has contracted with the Metropolitan Consortium of
Community Developers, a non - profit agency that provides business counseling services and access to
capital, to offer the Open to Business Program in Dakota County communities.
Director of Community Development Hohenstein introduced Laurie Crow, with MCCD Open to Business
Program who gave a presentation on the Open to Business Program.
CONSENT AGENDA
Acting City Administrator Miller noted the addition of Consent Agenda item Q. Final Subdivision and
Final Planned Development (Paragon Addition) — City of Eagan /Eagan EDA /Paragon Outlets Eagan, LLC.
Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the Consent
Agenda as modified. Aye: 4 Nay: 0
A. It was recommended to approve the minutes of March 5, 2013.
B. There were no personnel items.
C. It was recommended to approve check registers dated March 1 and 8, 2013.
D. It was recommended to approve an agreement allowing HealthEast Transportation to continue
to house two ambulances at fire stations.
E. Item removed
F. It was recommended to request Municipal State Aid Designation.
I
City Council Meeting Minutes
March 19, 2013
2 page
G. It was recommended to acknowledge Completion and Authorize City Maintenance of various
City Projects associated with Private developments
H. It was recommended to approve Temporary Liquor License for Twin Cities Goodtime Softball
League on May 25 and 26, 2013.
I. It was recommended to approve On -Sale Beer, Wine and Sunday Wine Licenses for The Noodle
Shop Co. — Colorado, Inc. DBA Noodles and Company, 2000 Rahncliff Court Suite 100
J. It was recommended to approve Exempt Permit for the Red Pine Parent Teacher Organization to
hold a raffle on May 2, 2013.
K. It was recommended to approve Exempt Permit for the Pinewood Parent Teacher Organization
to hold a raffle on April 19, 2013.
L. It was recommended to declare bicycles, unclaimed property and miscellaneous City property to
be surplus.
M. Item removed
N. It was recommended to approve a Resolution to accept a grant for Blue Cross & Blue Shield of
Minnesota for a Streets Alive (Open Streets) community event on September 15, 2013.
0. It was recommended to authorize staff to seek bids for an equipment /transport vehicle.
P. It was recommended to approve Xcel Energy Pipeline Relocation Agreement — Cedar Grove
Boulevard (City Project No. 1088).
Q. It was recommended Final Subdivision and Final Planned Development (Paragon Addition) - City
of Eagan /Eagan EDA /Paragon Outlets Eagan, LLC.
Mayor Maguire asked for an update on Items P and Q. Kelvin Antill with Paragon Outlets gave a
brief overview on the progress of the development.
Mayor Maguire noted Item N is a resolution to accept a grant for Blue Cross & Blue Shield of
Minnesota for a Streets Alive community event. Recreation Supervisor Phillips gave an overview of
the event.
PUBLIC HEARINGS
LOTS 5 -8, BLOCK 5, EAGANDALE CENTER INDUSTRIAL PARK
DRAINAGE & UTILITY EASEMENT VACATION
Acting City Administrator Miller introduced the item noting on February 8, 2013, City staff received
a petition from Mr. Mike DiNanno, representing Chicago Tube & Iron Co., requesting the vacation
of public drainage and utility easements on the current Chicago Tube & Iron site. Director of Public
Works Matthys gave a staff report.
Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion
back to the Council.
Councilmember Hansen moved, Councilmember Tilley seconded a motion to close the public hearing for
the vacation of public drainage and utility easements located on Lots 5 -8, Block 5, Eagandale Center
Industrial Park. Aye: 4 Nay: 0
I
City Council Meeting Minutes
March 19, 2013
3 page
LOT 9, BLOCK 1, LETENDRE ADDITION NO. 3
DRAINAGE & UTILITY EASEMENT VACATION
Acting City Administrator Miller introduced the item noting on January 17, 2013, City staff received
a petition from Mr. Grant D. Jacobson, representing Dakota County Community Development
Agency, requesting the vacation of public drainage and utility easements on the former Richfield
Blacktop site. The parcel is included as part of the proposed Riverview Ridge Family Housing
development along the east side of Highway 13. Director of Public Works Matthys gave a staff
report.
Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion
back to the Council.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the vacation of
public drainage and utility easements located on Lot 9, Block 1, Letendre Addition No. 3, and authorize
the Mayor and City Clerk to execute all related documents. Aye: 4 Nay: 0
CEDAR GROVE REDEVELOPMENT AREA EASEMENT VACATIONS
Acting City Administrator Miller introduced the item noting on June 5, 2012, the City Council
adopted the 5 -year Capital Improvement Plan for Public Works Infrastructure, Part III. The
reconstruction /realignment of Cedar Grove Boulevard, including utility relocations, was included as
part of this approved CIP. Also, in conjunction with the overall redevelopment of the Cedar Grove
Redevelopment Area, a petition to vacate other miscellaneous and no- longer- needed public
easements in the area had also been prepared and submitted for Council consideration. Director
of Public Works Matthys gave a staff report.
Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion
back to the Council.
Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the vacation of
public easements located in the Cedar Grove Redevelopment Area and authorize the Mayor and City
Clerk to execute all related documents. Aye: 4 Nay: 0
VARIANCE —TODD GELLER (EAGAN CONVENIENCE CENTER, 1380 DUCKWOOD DRIVE)
Acting City Administrator introduced the item noting the site was developed in 1986 with a multi -
tenant retail commercial building and a CUP for a pylon sign was approved at that time. The
property is located at 1380 Duckwood Drive and they are seeking a variance to increase the total
pylon sign area.
City Planner Ridley gave a staff report and provided additional information on the request noting in
1994, a variance was approved allowing an increase in the total sign area from the code required
maximum of 125 s.f., per side, to a 144 s.f. The applicant is proposing another 18" x 8' sign panel,
adding 12 s.f. to the existing pylon sign area bringing the total pylon sign area to 156 s.f. Ridley
noted staff has concerns about the precedent that an additional variance may set for other pylon
signs. The applicant, Todd Geller, gave a summary of the request and was available for questions.
1
City Council Meeting Minutes
March 19, 2013
4 page
Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion
back to the Council.
Councilmembers discussed the request.
Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve a Variance to
increase the total pylon sign area to 156 s.f., adding one 12 s.f. tenant panel, upon property located at
1380 Duckwood Drive, subject to the following conditions: Aye: 4 Nay: 0
1. If within one year after approval, the variance shall not have been completed or utilized, it shall
become null and void unless a petition for extension has been granted by the Council. Such
extension shall be requested in writing at least 30 days before expiration and shall state facts
showing a good faith attempt to complete or utilize the use permitted in the variance.
!. A Sign Permit is required prior to installation of the new sign panel.
1. The total pylon sign area shall not exceed 156 s.f. per side.
After further discussed, Council directed staff to review the Sign Ordinance with the Advisory Planning
Commission and bring back for consideration at a future City Council workshop.
OLD BUSINESS
AN ORDINANCE AMENDMENT TO CITY CODE CHAPTERS 2, 5 AND 6 RELATIVE TO CRIMINAL
BACKGROUND INVESTIGATIONS FOR PERSPECTIVE EMPLOYEES AND BUSINESS LICENSING
Acting City Administrator Miller introduced the item noting the Minnesota Bureau of Criminal
Apprehension collects and stores criminal history data on individuals. The BCA requires all cities
that use its information for background investigations to approve an ordinance allowing the use of
the BCA's data and specifying how it will be used. The BCA and League of Minnesota Cities
developed a model ordinance for cities adopt to meet this requirement. Police Chief McDonald
was available for questions.
Mayor Maguire opened the meeting for public comment. There being no public comment, he turned
the discussion back to the Council.
Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve Ordinance
Amendments to City Code Chapters 2, 5 and 6 relative to criminal background investigations for
perspective employees and business licensing and direct the City Attorney to publish the ordinance
amendment summary of Chapter 2 and the amendments to Chapters 5 and 6. Aye: 4 Nay: 0
COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING, PRELIMINARY PLANNED DEVELOPMENT
AND FINAL PLAT — DAKOTA COUNTY CDA
Acting City Administrator Miller introduced the item noting there are four actions being sought as
part of the Riverview Ridge Townhomes proposed by the Dakota County CDA. The Comprehensive
Guide Plan Land Use Amendment, Rezoning, and Preliminary Planned Development have been
recommended for approval by the Advisory Planning Commission.
City Council Meeting Minutes
March 19, 2013
5 page
City Planner Ridley gave a staff report. The applicant, Kari Gill with Dakota County CDA, gave a brief
summary of the revised site plan noting that a basketball court area was added for additional recreation
space. Ms. Gill was available for questions.
The Council discussed the request with specific concerns regarding the private drive to the south.
Mayor Maguire opened the meeting for public comment.
Paul Streveler, 3250 Sibley Memorial Highway; addressed the Council noting his property is the
adjoining property where the pedestrian connection will be located. Mr. Streveler noted he has met
with Ms. Gill and she is currently working to change the easement, as requested.
Ken Damlo, 4747 Hauge Circle, spoke on behalf of MICAH (Metropolitan Interfaith Council on Affordable
Housing) noting their support of the proposal.
There being no further public comment, Mayor Maguire turned the discussion back to the Council.
Councilmember Tilley moved, Councilmember Hansen seconded a motion implement a Comprehensive
Guide Plan Land Use Amendment that would change the land use designation from HD (High Density),
to MD (Medium Density) for approximately 2.1 acres, to allow for a 27 -unit townhome development
upon property located at 3160 and 3170 Sibley Memorial Highway. Aye: 4 Nay: 0
Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Rezoning from
R -4, Residential Multiple and R -2, Residential Double to PD, Planned Development for a residential
townhome development upon approximately 4.3 acres legally described as Lot 9, Block 1, Letendre
Addition No. 3 and part of Government Lot 3, Section 9, Township 27, Range 23. Aye: 4 Nay: 0
Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve a Preliminary
Planned Development consisting of 27 townhome dwelling units upon a 4.3 acre site legally described as
Lot 9, Block 1, Letendre Addition No. 3 and part of Government Lot 3, Section 9, Township 27, Range 23,
subject to the following revised conditions: Aye: 4 Nay: 0
The owner and /or developer shall enter into a written Planned Development Agreement with
the City. The Agreement shall be executed and recorded with the County Recorder's office prior
to issuance of a building permit. The following exhibits are necessary for the PD Agreement.
• Final Site Plan
• Final Building Elevations (including Gazebos)
• Final Landscape Plan
• Final Site Lighting Plan
• Final Signage Plan
2. The Planned Development shall have a 5 -year term.
3. The construction of the townhome units shall meet the sound attenuation requirements per the
Metropolitan Council Transportation Policy Plan.
4. 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.
City Council Meeting Minutes
March 19, 2013
6 page
5. 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.
6. The Development shall be responsible for installing on -site recreational amenities as depicted of
the approved Site Plan. A 25% credit towards the park dedication shall be granted for
compliance.
7. The Development shall be responsible for a cash park dedication equivalent to 75% of a full cash
dedication, assuming installation of the recreational amenities.
8. The Development shall be responsible for a cash trails dedication.
9. All erosion /sediment control plans submitted for development and grading permits shall be
prepared by a designer who has received current Minnesota Department of Transportation
(MNDOT) training, or approved equal training as determined by the City Engineer in designing
stormwater pollution prevention plans. Also, all personnel responsible for the installation of
erosion /sediment control devices and the establishment of vegetation for the development,
shall have received Erosion /Sediment Control Inspector /Installer certification through the
University of Minnesota, or approved equal training as determined by the City Engineer.
10. The first one -half inch of storm water runoff from any rainfall event shall be infiltrated or
retained entirely on the site. At the City's discretion, new infiltration of the equivalent runoff
volume can be accomplished by the applicant elsewhere within the same city sub - drainage
district.
11. There shall be no -net increase, compared to existing conditions, in the amount of Total
Phosphorus (TP) and Total Suspended Solids (TSS) leaving the site.
12. This development's storm water facilities shall maintain predevelopment runoff rates for the
50%/24 -hour storm, the 10%/24 -hour storm, and the 1%/24 -hour storm.
13. The applicant shall design and construct an effective retention /infiltration basin area
immediately north of this parcel (1650 Four Oaks Road), within the public drainage and utility
easement, of sufficient size and capacity that could provide for the balance of the retention
volume (1,911 cubic feet balance) needed to total 2,675 cubic feet of retention of impervious
runoff.
14. The applicant shall provide the City with a soil- boring log below each proposed infiltration basin
area, with data to a minimum of 6' below the lowest excavated elevation, prior to the
commencement of site - grading. If the soil- boring log indicates incompatibility with soil
permeability for the submitted and reviewed design plans, the applicant shall revise the design
and /or construction plans to ensure §4.33 requirements for volume control are met.
15. The applicant shall provide adequate pre- treatment (street -side catch -basin sumps, forebays,
etc.) to provide for capture and easily - accessible cleanout of fine -sand sized particles for all
stormwater facilities that receive direct impervious runoff.
16. The applicant shall provide the City as -built plans that demonstrate constructed stormwater
facilities conform to design and /or construction plans, as approved by the City. As -built volumes
for retention shall be provided for all stormwater retention facilities.
17. The applicant shall be responsible for annual inspection and maintenance of the stormwater
management features and for providing the City documentation of these activities.
18. The applicant shall be responsible for acquiring all outside agency permits, including MN
Department of Transportation permit for the proposed access to Highway 13, and any work
within the Highway 13 right -of -way. The applicant shall be responsible for any conditions of
MnDOT permit, including the construction of a right -turn lane into the development, if required.
19. The monument sign shall meet City Code requirements.
20. The Site Plan l(ey Shall be revi-red te ideRtify 17 guest park—b the plaR.
City Council Meeting Minutes
March 19, 2013
7 page
21. The rain gardens shall be installed by the developer according to the guidance of the MN
Pollution Control Storm Water Manual, and overseen and inspected by City staff at time of
installation. Also, the developer shall enter into a maintenance agreement, in a form acceptable
to the City Attorney, providing for the long -term maintenance of these rain gardens.
22. The applicant shall submit a revised Lighting Plan to provide uniform lighting (average -to-
minimum uniformity ratio not greater than 4:1), lighting of the back patios, within the tot lot
areas and along the trails.
23. The applicant shall install No Parking Fire Lane signs on both sides of the private street, with
spacing to be every 100 feet apart, in a form acceptable to the City Fire Marshal.
2A. The applaeant shall Fevise the Site Plan #9 the feur parkiRg stalls aeFess fFern Building S.
The paFI(ing stalls shall meet the 10' width r m e44
25. The Fevised Site Plan shall Onelude a medified eul de saG that thp- 961 diameter requiFed
per the InternatiGRal FiFe Gode. The PaF'(iRg stalls ler--ated- eff A-f the Gul de saG shall Meet full.
depth r ents of 19'
A4PmAri;;l WA
27. The applicant shall consult with City Staff and the Fire Department with restricting access to the
private easement.
28. The applicant shall consult with the City Forester regarding tree conditions on the hillside.
29. The plans shall be revised to remove reference to "Inver Hills Family Townhomes Inver Grove
Heights, MN ".
30. The Site Plan key shall be revised to identify 27 units per the plan along with the revised
impervious and building coverage area.
31. The applicant shall install No Parking signs on the south hammerhead, in a form acceptable to
the City Fire Marshal.
32. The retaining wall on the south end of the property shall not be located within the drainage and
utility easement.
33. The applicant shall work with the property owners to the south to modify the existing private
driveway easement to eliminate any benefit to the Riverview Ridge development of the use of
the driveway for vehicular traffic.
34. The applicant shall develop the property in accordance with Site Plan dated February 11, 2013,
with latest revisions dated February 22, 2013.
Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Final Plat
(Riverview Ridge Family Housing Addition) to create one lot consisting of 4.3 acres. Aye: 4 Nay: 0
NEW BUSINESS
There is no new business to be heard.
LEGISLATIVE/ INTERGOVERNMENTAL AFFAIRS UPDATE
There is no legislative /intergovernmental affairs update to be heard.
City Council Meeting Minutes
March 19, 2013
8 page
ADMINISTRATIVE AGENDA
CITY COUNCIL COMMENTS
Councilmember Bakken noted in a recent Pioneer Press article he read that Surly Brewery was still
looking for a site for a new expanded brewery and tapper and suggested maybe there would be an
opportunity for them in the Paragon development.
Councilmember Bakken noted that he has been designing a prototype, which he has shared with
City staff, that could possibly work to solve the issue of not needing to remove outdoor water
meters for the winter, and asked the Council's permission to do a field test with the prototype on
an existing City owned outdoor water meter. The Council discussed the request and agreed it was
worth testing. Councilmember Tilley noted if there are any cost incurred testing the prototype,
Councilmember Bakken should be responsible for those costs.
DIRECTOR OF COMMUNITY DEVELOPMENT
Director of Community Development Hohenstein noted in anticipation of the Paragon applications, the
City's Building Inspections Department has been conversing with building inspectors at Livermore and
Grand Prairie to find out what the process was like when Paragon was building in those locations.
There were no visitors to be heard.
VISITORS TO BE HEARD
ADJOURNMENT
Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at
8:21 p.m. Aye: 4 Nay: 0
Date
Mayor
Clerk
1�A
Agenda Information Memo
April 2, 2013 Eagan City Council Meeting
B. PERSONNEL ITEMS
Item 1.
ACTION TO BE CONSIDERED:
Approve the hiring of Seasonal Employees in Parks & Recreation:
Name I Division Job Title
Nicole Stevens Civic Arena Skating Instructor
Community
Erica Brown Center
Fitness Instructor
Community
Penny Denks Center
Personal Trainer
Community
PT Overnight
David Jenkins Center
Custodian
Agenda Information Memo
April 2, 2013 Eagan City Council Meeting
C. RATIFY CHECK REGISTERS
ACTION TO BE CONSIDERED:
To ratify the check registers dated and March 15 and 22, 2013 as presented.
ATTACHMENTS:
Check registers dated March 15, 2013 are enclosed without page number
Check registers dated March 22, 2013 are enclosed without page number
M
Agenda Information Memo
April 2, 2013 Eagan City Council Meeting
D. Set interest rate on special assessments levied in 2013 at 3.5 %.
ACTION TO BE CONSIDERED:
• To set the interest rate for special assessments levied in 2013 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 1.87 %; therefore, the
interest rate to be used on special assessments this year calculates to 3.5 %.
• Last year, the special assessment rate was 3.5% as well.
ATTACHMENTS:
• None
l`1
Agenda Memo
April 2, 2013 Eagan City Council Meeting
E. Designate Anchor Bank as the City's depository
ACTION TO BE CONSIDERED:
• To designate Anchor Bank as a depository for City funds.
FACTS:
• In 2012, the City Council directed staff to conduct a request for proposal (RFP) for banking
services; the previous RFP was completed in 2006.
• In January 2013, the RFP was sent to all 12 banks with branches in Eagan. Six banks
submitted proposals. Of those, three were selected for interview:
• Anchor Bank (the existing City depository)
• Bremer Bank
• Home Federal Savings Bank
• Acting City Administrator Miller, Finance Director Pepper, and Assistant Finance Director
Feldman participated in the interviews, which were conducted on March 14.
• Staff recommends the City continue using Anchor Bank for its banking services. Anchor
Bank's bid was the lowest cost among the six banks submitting proposals. In addition, staff
has been pleased with Anchor's service delivery over the past seven years and is confident
Anchor has the ability to continue to meet the City's banking needs.
ATTACHMENTS:
• None
N
Agenda Information Memo
Eagan City Council
Consent
April 2, 2013
G. APPROVE REALLOCATION OF CDBG FUNDS TO ASSIST WITH
COSTS RELATED TO THE RIVERVIEW RIDGE WORKFORCE
HOUSING PROJECT
ACTION TO BE CONSIDERED: Approve a reallocation of Community Development
Block Grant funds from prior designations to costs related to the Riverview Ridge
Workforce Housing Project.
FACTS:
The City has previously allocated Community Development Block Grant funds for
various activities within the community which have not required that funding for
various reasons. At this point, the City has an amount of $221,000 representing a
combination of program revenue and a portion of the unused allocations from prior
CDBG years. In order to meet timeliness of expenditure requirements, this amount
needs to be expended no later than May 1, 2013 to avoid being withdrawn for local
use by HUD.
At its meeting of March 4, 2013, the Finance Committee reviewed this matter
because a portion of the funds had originally been designated for use in the Cedar
Grove Redevelopment District, specifically to pay for accessibility upgrades to the
former credit union property, which is now authorized for demolition for the Cedar
Grove Boulevard -Rahn Road realignment project. The Committee recommended that
staff explore alternatives with the Dakota County CDA for the use of the funds to
support eligible activities within the City of Eagan.
City staff contacted CDA staff about alternative uses of the funds. The CDA
indicated that the MnDOT review of the access requirements from Hwy 13 to the
Riverview Ridge project has resulted in turn lane and intersection improvement costs
greater than they had anticipated in the project pro forma. The CDA is exploring
other funds at its disposal to make up the difference, but if the City were to reallocate
the balance from its original uses to the Riverview Ridge project, it would close the
gap, provide support for an Eagan based project and would avoid a loss of the funds
for the community.
At its meeting of March 19, 2013, the City Council approved the development
applications for the Riverview Ridge project. If the Council acts to approve the
reallocation described above and in the attachments, the CDA and City can
accomplish the transaction in time to meet the May 1 HUD deadline.
0
ATTACHMENTS:
• Dakota County CDA memo on page c��
• CDA Notice of proposed CDBG Amendment on page ova
• Dakota County CDBG Budget Amendment request form on pages D3 through
C),®
Dakota 0ounty
Community Development
Agency
CDA
MEMORANDUM
To: Jon Hohenstein, Community & Economic Development Director, City of
Eagan
From: Andrea Brennan, Dakota County CDA
RE: Proposed Re- Programming of CDBG Funds to Assist Land Acquisition
Costs for Riverview Ridge Townhome Development
Date: March 25, 2013
The Dakota County Community Development Agency (CDA) requests the City of Eagan's (the
City's) approval to program $221,000 of Community Development Block Grant (CDBG) funding
to assist with the land acquisition cost of the CDA's Riverview Ridge family townhome
development on Highway 13 in Eagan.
The CDA and its municipal sub - recipients are required to meet (or be below) a 1.5 timeliness
rate by May 1 of each year to comply with federal CDBG requirements. The proposed CDBG
funding allocation will allow the City to meet this test for 2013. Additionally, it will greatly assist
the CDA in completing turn lane improvements on Highway 13 in connection with the Riverview
Ridge development. While the CDBG would be applied to reimburse the CDA for the previously
expended land costs, this reimbursement will be available to help with the turn lane
improvements to be constructed this summer.
Riverview Ridge, planned for construction in 2013, is a 27 -unit family townhome development
providing affordable rental housing to families with incomes at or below 60% of the area median
income. The project meets the national objective under the CDBG program regulations of
providing low /moderate income housing.
Attached is the public notice and amendment request form to be executed by City staff. The
source of reallocated funds include $132,250 of the $158,246.94 in CDBG program income the
City received in 2012 and $88,750 budgeted for the commercial rehab of a bank building in
Cedar Grove that will be demolished instead. Since program income funds are required to be
spent before entitlement funds, approximately $44,000 of the program income has already been
used to fund other activities. Youth Services and Weatherization Plus budget items need to be
reduced to account for the portion of program income used to fund them.
If approved, the proposed substantial amendment will be presented to the County Board of
Commissioners at its April 23, 2013 meeting. If approved by the County Board, the funds will be
expended prior to the May 1, 2013 timeliness rate test.
PUBLIC NOTICE
Dakota County Community Development Agency
March 22, 2013
Notice is hereby given of an opportunity for public comment on the proposed substantial
amendments to the Dakota County Community Development Block Grant (CDBG) Program for
Federal Fiscal Years 2011 and 2012.
Proposed Substantial Amendments
The CDA 2011 Action Plan shall be amended to:
• Cancel the City of Eagan Commercial Rehab — Cedar Grove activity with a budget of
$88,750, and
• Cancel the City of Eagan Public Service Youth activity with a budget of $12,000, and
• Create the City of Eagan Riverview Ridge activity with a budget of $100,750.
The CDA 2012 Action Plan shall be amended to:
• Allocate $114,878.95 of undesignated City of Eagan funds; and
• Decrease the City of Eagan Weatherization Plus activity budget with a current budget of
$81,462, to a revised budget of $76,090,95, and
• Create the City of Eagan Riverview Ridge activity with a budget of $120,250.
The proposed new City of Eagan Riverview Ridge activity will a total CDBG budget of $221,000.
Persons seeking more information on these proposed substantial amendments should contact
Lisa Henning, CED Assistant Director, at the Dakota County Community Development Agency
(CDA), telephone (651) 675 -4467. Public comments may be submitted orally or in writing to the
CDA through April 22, 2013. Approval of the proposed amendments, subject to consideration of
public comments and subject of approval by the Eagan City Council, will be on the agenda of the
Dakota County Board of Commissioners meeting to be held at the Dakota County Government
Center, third floor, 1590 Highway 55, Hastings, MN 55033 on April 23, 2013 at 9:OOa.m.
ad-
Dakota County CDBG Budget Amendment Request Form
Date: 3/21/2013 Total Amendment(s): $ 221,000
From: City /Township of Eagan
Please identify Activity Budgets you are requesting to be amended in the CDBG Program. The Dakota County
CDA will fill in the shaded areas. You have various amendment options, including:
1. Amend a budget by transferring its balance from one activity to a different activity within the same
program year (i.e., transfer $10,000 from acquisition to rehab in FY04).
2. Amend a budget by transferring its balance to a newly created activity within the same program year
(i.e., transfer $25,500 from clearance to a newly created rehab activity in FY03).
3. Amend a budget by deleting it entirely with no previous expenditures, and transferring that budget to
one or more existing /new activities within the same program year (i.e., delete a relocation activity
originally budgeted for $15,000 and transfer it to another existing public service activity in FY02).
NOTE: The CDA will determine whether the proposed amendment is either administrative or substantial in
nature. If it is substantial (i.e., deleting an activity), then the CDA will need to publish the amendment for
public comment and obtain CDA Board approval. A substantial amendment process will take approximately
45 days to complete. The CDA can assist with the identification of original budgets and fund balances.
Amending budgets wm muuT creating and /or deleting activities:
Original Proposed Budget;' LL�
[Name of Activity and Program Year CDA AccounUumber
Budget Budget Change
Amending budgets WITH new and /or deleted activities:
Name of Activity Program Year
Original
Proposed
Budget
OA Acco�i f f Number
Bud et
Budget
Change
Comm Rehab — Cedar Grov — FY11
$88,750
$0
- $88750
10 �Ci -�1 3 X36 QO
Public Service — Youth — FY11
$12,000
$0
- $12,000
0 3 1 3,48,52T }
Riverview Ridge — FY11
$0
$100,750
+$100,750
Weatherization Plus — FY12
$81,462
$76,090.95
- $5,371.05
2Q r331 X12 4$3�Qfl- _ ,v
Undesignated Program Income —
FY12
Riverview Ridge — FY12
Prepared by:
Local Program Administrator
$114,878.95 1 $0 1 - $114,878.95
$0 1 $120,250 1 +$1201250
1
Approved by:
City or Township Finance Officer
Describe the proposed project /activity.
Check the eligible activity category of the proposed project/ activity:
Z Acquisition /Disposition:
X Vacant or undeveloped property
Commercial property
Residential property
❑ Demolition /Clearance
❑ Economic Development
❑ Rehabilitation
Owner occupied housing
Rental housing
Commercial
❑ General Administration
❑ Relocation
Describe the project/ activity schedule:
Proposed Project /Activity Start Date:
❑ Public Facilities /Improvements:
Buildings
Infrastructure
Assessment abatement
❑ Public Services (i.e, child care, recreation programs)
❑ Planning
❑ Homeownership Assistance:
Support services (i.e, counseling)
Downpayment assistance
Other types of purchase financing
❑ Other (please describe):
Proposed Project /Activity Completion Date:
CDBG funded projects/ activities must meet one of the program objectives. Check the objective
for which the CDBG funds will be used.
❑ Low /Mod Area Benefit ❑ Low /Mod Limited Clientele Benefit
® Low /Mod Housing Benefit ❑ Low /Mod Jobs Benefit
❑ Slum /Blight Area Benefit ❑ Slum /Blight Spot Benefit
❑ Urgent Need (extremely rare; used only for emergencies):
If you checked the Low /Mod Area Benefit box, please answer the following:
In what Census Tract /Block Group(s) do beneficiaries of your Project /Activity live? (Please include map)
How many residents live in this area?
What is the percentage of low and moderate - income beneficiaries?
How was this documented? ❑ HUD Data ❑ Survey
(See enclosed map) (Please include a copy of survey)
2
If you checked the Low /Mod Housing Benefit box, please answer the following:
How many Low /Mod Households will benefit? 27 Households
(Income eligibility must be verified by written documentation)
Where will this project /activity be available? (Address ofprcperty, neighborhood, city -wide)
Eaaan
If you checked the Low /Mod Limited Clientele Benefit box, please answer the following:
How many Low /Mod People or Households will benefit?
(Please choose either people or households for each project.)
How will income be verified?
People /Households
❑ Income Verification Request Forms
❑ Eligibility Status for other Governmental Assistance program
❑ Self Certification (Must request source documentation of 20% of certifications and must inform beneficiary
that all sources of income and assets must be included when calculating annual income)
❑ Presumed benefit (HUD presumes the following to be low and moderate- income: abused children,
battered spouses, elderly persons, severely disabled persons, homeless persons, persons living with AIDS,
migrant farm workers)
If you checked the Low/ Mod Jobs Benefit box, please answer the following:
To meet the '!lobs "'National Objective requirements, the assisted business must enter into an agreement
showing commitment that at lease 51 % ofjobs created /retained will be available to low /mod income persons.
The business must also be prepared to provide a list of all jobs, detailed information about the jobs being
created /retained, the selection and hiring process, and demographic information about the employees.
Will this project /activity create or retain full time equivalencies (FTEs)? ❑ Create ❑ Retain
For jobs) that are being retained, please provide evidence that the assisted business has issued a notice to
affected employees or that the business has made a public announcement to that effect, OR an analysis of
relevant financial records that shows the business is likely to cut back on employment in the near future
without planned intervention.
Will the job(s) created or retained require a special skill? ❑ Yes ❑ No
What percent of permanent FTEs will be held by or available to low /mod income persons? %
If you checked the Slum /Blight Area or Spot Benefit box, please answer the following:
What are the boundaries of the slum /blight area or the address of the slum /blight spot?
(Please provide letter from building inspector or other documentation noting deficiencies and include photos)
If Slum /Blight Area, what percent of buildings are deteriorated?
What deficiency will be corrected or the public improvement be?
3
a�
Indicate the proposed objective and outcome of the activity/ project.
Indicate how the project/ activity outcome will be measured and projected number of
beneficiaries.
❑
People
Outcome #1
Public Facilities ❑ Organizations
Outcome #2
Households
Outcome #3
Jobs
Availability/Accessibility Availability/Accessibility
Housing Units 27
Affordability
Businesses
Sustainabillity
Objective #1
❑
Accessibility for the
❑
Affordability for the
❑
Sustainability for the
Suitable Living
Street Improvements
purpose of creating a
Flood Plain Improvements
purpose of creating a
Sidewalks
purpose of creating a
Environment
❑
suitable living
❑
suitable living
❑
suitable living
❑
Battered and Abused Spouses Services
environment
Senior Services
environment
Crime Awareness
environment
Objective #2
❑
Accessibility for the
®
Affordability for the
❑
Sustainability for the
Decent Housing
Relocation
purpose of providing
Rehabilitation of Other Publicly Owned Residential
purpose of providing
Construction of Housing
purpose of providing
Residential Historic Preservation
❑
decent housing
❑
decent housing
❑
decent housing
Objective #3
❑
Accessibility for the
❑
Affordability for the
❑
Sustainability for the
Economic
❑
purpose of creating
❑
purpose of creating
❑
purpose of creating
Opportunity
Commercial /Industrial Land Acq./ D is position
economic opportunities
economic
Commercial /Industrial Infrastructure Development
economic
❑
Commercial /Industrial Building Acq., Rehab
opportunities
❑
opportunities
Indicate how the project/ activity outcome will be measured and projected number of
beneficiaries.
❑
People
❑
Public Facilities ❑ Organizations
❑
Households
❑
Jobs
®
Housing Units 27
❑
Businesses
Check the priority need from the Consolidated Plan for which the CDBG funds will be used:
High Priority Needs — Housing
❑ Renter, elderly, 0 -50% of median income
® Renter, small related, 0 -80% of median income
❑ Renter, all other, 0 -50% of median income
❑ Owner, 0 -80% of median income
Medium Priority Needs — Housing
❑ Renter, elderly, 51 -80% of median income
❑ Renter, large related, 0 -80% of median income
High Priority Needs — Community Development
Medium Priority Needs — Community Development
❑
Acquisition of Real Property
❑
Senior Centers
❑
Disposition of Real Property
❑
Homeless Facilities
❑
Parks, Recreational Facilities
❑
Youth Centers
❑
Water /Sewer Improvements
❑
Solid Waste Disposal Improvements
❑
Street Improvements
❑
Flood Plain Improvements
❑
Sidewalks
❑
Handicapped Services
❑
Clearance and Demolition
❑
Transportation Services
❑
Clean -up of Contaminated Site
❑
Battered and Abused Spouses Services
❑
Senior Services
❑
Crime Awareness
❑
Youth Services
❑
Fair Housing Activities
❑
Rental Housing Subsidies
❑
Public Housing Modernization
❑
Relocation
❑
Rehabilitation of Other Publicly Owned Residential
❑
Construction of Housing
❑
Residential Historic Preservation
❑
Direct Homeownership Assistance
❑
Non - Residential Historic Preservation
❑
Rehabilitation of Single Unit Residential
❑
Other Commercial /Industrial Improvements
❑
Rehabilitation of Multi -Unit Residential
❑
Economic Development Non - Profit Assistance
❑
Rehabilitation of Commercial /Industrial
❑
Economic Development Technical Assistance
❑
Code Enforcement
❑
Micro - Enterprise Assistance
❑
Commercial /Industrial Land Acq./ D is position
❑
Commercial /Industrial Infrastructure Development
❑
Commercial /Industrial Building Acq., Rehab
❑
Planning
0
Provide the total project cost and CDBG request.
Total Project Cost: $6,338,478 Total CDBG Request: $221,000
Describe all other funding sources.
Source of Funds
Amount
Committed
Pending
US Bank equity proceeds (Housing Tax Credits)
$4,783,301
Construction & Development Expenses and Fees
❑
CDBG
$221,000
❑
N
Dakota County HOPE
$264,706
®
❑
HOME
$478,830
®
❑
Minnesota Housing Finance Agency
$317,647
®
❑
Met Council Local Housing Incentives Account
$158,824
®
❑
CDA
$114,170
❑
Total:
$6,338,478
Itemized Use of Funds /Expenses
Costs
CDBG Funds
Requested
Land Acquisition & Demo
$449,015
$221,000
Construction & Development Expenses and Fees
$5,189,795
$0
Offsite work (turn lanes)
$699,668
$0
Total:
$6,338,478
$221,000
a�
Agenda Information Memo
April 2, 2013 Eagan City Council Meeting
I. CONTRACT 13 -01, CEDAR GROVE BOULEVARD — PHASE II
STREET & UTILITY IMPROVEMENTS
ACTION TO BE CONSIDERED: Receive the bids and award Contract 13 -01 (Cedar Grove
Boulevard — Phase II Street & Utility Improvements) to Northwest Asphalt Inc. for the Base
Bid in the amount of $2,084,389.10 and authorize the Mayor and City Clerk to execute all
related documents.
FACTS:
• Contract 13 -01 provides for street and utility improvements for Cedar Grove Boulevard
(formerly Cedarvale Boulevard) within the Cedar Grove Redevelopment Area in northwest
Eagan as outlined and discussed in the feasibility report for Project 1088, prepared by the
consulting firm of Bolton and Menk, Inc.
• On December 18, 2012, the City Council held a public hearing for Project 1088. The
Council approved the project and authorized the preparation of detailed plans and
specifications for the 2013 construction season.
• On February 19, 2013, the Council approved the plans and authorized the advertisement for
solicitation of competitive bids for Contract 13 -01.
• On March 18, 2008, the City Council approved the use of best -value solicitation of bids, as
allowed by State statute, providing for the consideration of bidders expected performance in
relation to their submitted bid. At 10:30 a.m. on March 19, technical performance proposals
from each bidder were received for this project. At 10:30 a.m. on March 26, 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 Northwest Asphalt
Inc. have been reviewed by the Engineering Division and found to provide the best value,
and are in order for favorable Council action.
ATTACHMENT:
• Bid Summary Tabulation, page_
09
BID SUMMARY
CEDAR GROVE BOULEVARD PHASE II- STREET & UTILITY IMPROVEMENTS
CITY CONTRACT 13 -01
CITY PROJECT 1088
Bid Date/ Time: 10:30 a.m., Tuesday, March 26, 2013
Contractors Total Base Bid
1. Northwest Asphalt, Inc. $ 2,084,389.10
2. Redstone Contracting Co. $ 2,137,507.69
3. Ryan Contracting Co. $ 2,161,181.80
4. Friedges Contracting Inc. $ 2,200,841.70
5. BCM Construction Inc. $ 2,330,226.05
6. Max Steininger Inc. $2,352,048.81
Low Feasibility % Over /Unde:r.
Project Base Bid Report' . FR Estimate Engineer's Over /Under `
Estimate Estimate Eng;Estimate
1:' $2,084,389 $2,616,000 -20.0% $2,570,000 •%
C7�
Agenda Information Memo
April 2, 2013 Eagan City Council Meeting
J. CONTRACT 13 -03
CITYWIDE STREET IMPROVEMENTS
ACTION TO BE CONSIDERED: Receive the bids and award Contract 13 -03 (Citywide
Street Improvements) to McNamara Contracting, Inc., for the Base Bid in the amount of
$1,319,659.46 and authorize the Mayor and City Clerk to execute all related documents.
FACTS:
• Contract 13 -03 provides for the street improvements as outlined and discussed in the
respective feasibility reports for each of the following projects:
o South Oaks — Project 1029
o Lexington Way — Project 1065
o Wexford/ Wexford 2nd —Project 1098
o Weston Hills/ Weston Hills 2nd — Project 1102
o Lexington Pointe Eighth - Tenth - Project 1103
o Oak Ridge Family Housing (Clemson Drive) — Project 1104
o Park Center Drive — Project 1107
o Wilderness Run Second & Fourth — Project 1110
o Wenzel First Addition — Deerwood Ponds — Project 1112
o Norvin Oaks — Project 1113
o Manor Lake/ Lakeview Trail — Project 1117
• On January 2, 2013, the City Council held public hearings for Projects 1065, 1098, 1104,
1107, 1112, 1113. On January 15, 2013, the City Council held public hearings for Projects
1029, 1102, 1103, 1110, 1117. The Council approved the projects, and authorized the
preparation of detailed plans and specifications for the 2013 construction season.
• These projects have been combined under one contract (Citywide Street Improvements - Contract
13 -03), to increase economies of scale. On February 5, 2013, the Council approved the plans and
authorized the advertisement for solicitation of competitive bids for Contract 13 -03.
• On March 18, 2008, the Council approved the use of best -value solicitation of bids, as allowed by
State statute, providing for the consideration of bidders expected performance in relation to their
submitted bid. At 10:30 a.m. on March 18, 2013, technical performance proposals from each
bidder were received for this project. At 10:30 a.m. on March 21, 2013, 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 McNamara Contracting, Inc.,
have been reviewed by the Engineering Division and found to provide the best value, and the base
bid from McNamara Contracting, Inc., is in order for favorable Council action.
ATTACHMENT:
• Bid Summary Tabulation, page.--3 I
Elf]
BID SUMMARY
CITYWIDE STREET OVERLAYS
CITY CONTRACT 13 -03
SOUTH OAKS
LEXINGTON WAY
PROJECT NO 1029
PROJECT NO 1065
OVERLAY
OVERLAY
WEXFORD /WEXFORD 2ND
WESTON HILLS / WESTON HILLS 2ND
PROJECT NO 1098
PROJECT NO. 1102
OVERLAY
OVERLAY
LEXINGTON POINTE 8TH -10TH
OAK RIDGE FAMILY HOUSING
PROJECT NO 1103
(CLEMSON DRIVE)
OVERLAY
PROJECT NO. 1104
1102
OVERLAY
PARK CENTER DRIVE
WILDERNESS RUN 2ND & 4TH
PROJECT NO 1107
PROJECT NO 1110
OVERLAY
OVERLAY
WENZEL 1ST ADDITION /
NORVIN OAKS
DEERWOOD PONDS
PROJECT NO. 1113
PROJECT NO 1112
OVERLAY
OVERLAY
-29.6%
MANOR LAKE / LAKEVIEW TRAIL
PROJECT NO 1117
OVERLAY
Bid Date/ Time: 10:30 a.m., Thursday, March 21, 2013
Contractors Total Base Bid
1. McNamara Contracting, Inc. $ 1,319,659.46
2. Bituminous Roadways, Inc. $ 1,453,281.90
3. Northwest Asphalt, Inc. $ 1,548,944.40
4. Hardrives, Inc. $ 1,615,813.31
•
1029
e
$ 115,461
• .•
$ 138,200
•
-16.5%
$ 130,800
•
-11.7%
1065
$ 31,359
$ 46,400
-32.4%
$ 42,100
-25.5%
1098
$ 114,463
$ 128,500
-10.7%
$ 129,700
-11.7%
1102
$ 218,627
$ 269,200
-18.8%
$ 247,000
-11.5%
1103
$ 187,580
$ 232,900
-19.5%
$ 221,900
-15.5%
1104
$ 37,856
$ 53,800
-29.6%
$ 45,300
-16.4%
1107
$ 29,423
$ 44,900
-34.5%
$ 38,000
-22.6%
1110
$ 237,364
$ 286,000
-17.0%
$ 257,300
-7.7%
1112
$ 118,217
$ 166,000
-28.8%
$ 128,600
-8.1%
1113
$ 17,687
$ 26,500
- 33.3%
$ 25,700
-31.2%
1117
$ 211,622
$ 249,800
-15.3%
$ 228,200
-7.3%
Totals
$1,319,659
$1,642,200
-19.6%
$ 1,494,600
-11.7%
1
Agenda Information Memo
April 2, 2013 Eagan City Council Meeting
CONSENT AGENDA
K. CONTRACT 13 -04
CITYWIDE STREET IMPROVEMENTS
ACTION TO BE CONSIDERED: Receive bids and award Contract 13 -04 (Citywide Street
Improvements) to Bituminous Roadways, Inc. for the Base Bid in the amount of $1,119,788.65
and authorize the Mayor and City Clerk to execute all related documents.
FACTS:
Contract 13 -04 provides for the street improvements as outlined and discussed in the
respective feasibility reports for each of the following projects:
• Eagan Woods Office Park — Project 1059
• Willbrook Addition - Project 1096
• Ted Wachter Addition (Civic Center Drive) — Project 1099
• Hidden Valley — Project 1101
• The Oaks of Bridgewater lst — 3rd Additions -Project 1105
• Blackhawk Glen & Blackhawk Ridge — Project 1106
• Ridgehaven Acres, Rustic Hills, Skyline — Project 1109
• Great Oaks — Project 1111
• Wescott Hills, The Woodlands North & Trails End — Project 1115
o Duckwood Crossings/ Crestridge Drive —Project 1116
• On February 19, 2013, the City Council held public hearings for Projects 1059, 1099, 1106,
1109, and 1116. On March 5, 2013, the City Council held public hearings for Projects 1096,
1101, 1105, 1111 and 1115. The Council approval of the projects includes the authorization
of the preparation of detailed plans and specifications for the 2013 construction season.
• These projects are being combined under one contract for economies of scale in the
competitive bidding process. On March 5, 2013, the Council approved the plans and
authorized the advertisement for solicitation of competitive bids for Contract 13 -04.
• On March 18, 2008, the City Council approved the use of best -value solicitations 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 25, 2013, technical performance
proposals from each bidder were received for this project. At 11:00 a.m. on March 28, 2013,
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 have been reviewed by the Engineering Division and found to provide the best
value and are in order for favorable Council action.
ATTACHMENT
• Bid Summary Tabulation, page 33
0
BID SUMMARY
CITYWIDE STREET OVERLAYS
CITY CONTRACT 13 -04
EAGAN WOODS OFFICE PARK
WILLBROOK ADDITION
PROJECT NO 1059
PROJECT NO 1096
Overlay
Overlay
TED WACHTER ADDITION
HIDDEN VALLEY
(CIVIC CENTER DRIVE)
PROJECT NO. 1101
PROJECT NO 1099
Overlay
Overlay
$72,310.25
OAKS OF BRIDEWATER 15'— 3 ADDITIONS
BLACKHAWK GLEN &
PROJECT NO 1105
BLACKHAWK RIDGE
Overlay
PROJECT NO. 1106
$ 74,400
Overlay
RIDGEHAVEN ACRES, RUSTIC HILLS DRIVE,
GREAT OAKS
& SKYLINE
PROJECT NO 1111
PROJECT NO 1109
Overlay
Overlay
-8.8%
WESCOTT HILLS, THE WOODLANDS NORTH,
DUCKWOOD CROSSINGS
& TRAILS END
(CRESTRIDGE DRIVE)
PROJECT NO 1115
PROJECT NO 1116
Overlay
Overlay
Bid Date/ Time: 11:00 a.m., Thursday, March 28, 2013
Contractors Total Base Bid
1. Bituminous Roadways, Inc. $ 1,119,788.65
2. McNamara Contracting, Inc. $ 1,141,310.75
3. Hardrives, Inc. $ 1,369,299.87
1059
$44,264.25
$ 54,100
-18.2%
$ 47,600
- 7.0 °/a
1096
$40,889.00
$ 48,200
-15.2%
$ 44,900
-8.9%
1099
$72,310.25
$ 87,700
-17.5%
$ 82,000
-11.8%
1101
$62,783.50
$ 74,400
-15.6%
$ 68,900
-8.9%
1105
$135,636.30
$ 158,900
-14.6%
$ 148,700
-8.8%
1106
$210,026.25
$ 242,800
-13.5%
$ 235,300
-10.7%
1109
$182,895.75
$ 222,900
-17.9%
$ 207,800
-12.0%
1111
$82,818.25
$ 102,300
-19.0%
$ 93,200
-11.1%
1115
$208,018.25
$250,400
-16.9%
$ 233,800
-11.0%
1116
$80,146.65
$ 109,700
-26.9%
$ 95,600
-16.2%
Totals
$1,119,788.65
$1,351,400
-17.1%
$ 1,257,800
-11.0%
gul
PPIA
Agenda Information Memo
April 2, 2013 Eagan City Council Meeting
L. CONTRACT 13 -10
2013 CITY -WIDE SANITARY SEWER LINING
ACTION TO BE CONSIDERED: Receive bids and award Contract 13 -10 (2013 City -wide
Sanitary Sewer Lining) to Insituform Technologies USA, LLC for the Base Bid in the amount of
$172,093.50 and authorize the Mayor and City Clerk to execute all related documents.
FACTS:
Contract 13 -10 provides for the rehabilitation of public sanitary sewer through lining
improvements of about 7,500 linear feet of existing pipe in various areas within the City as
was included as part of the Sanitary Sewer Operations and Facilities portion of the Council
approved 2013 -2017 Capital Improvement Program (CIP).
All of the construction activity for said improvements has been designed to occur within
existing public right -of -way or easements.
All bids have been reviewed for compliance with the bid specifications and accuracy on unit
price extensions and summations. The base bid of $172,093.50 has been reviewed by the
Utilities Division and is in order for favorable Council action.
ATTACHMENT:
• Bid Summary Tabulation, page
?q
BID SUMMARY
2013 SEWER LINE RENOVATION FOR CURED IN PLACE PIPE
CITY PROJECT NO.
CITY CONTRACT NO. 13 -10
Bid Date/ Time: 11:00 a.m., Wednesday, March 27, 2013
Estimate: $193,000
3/27/2013
Total
Over /Under
Contractors
Base Bid
Estimate
Insituform Technologies USA, Inc.
$172,094
-11%
Michels Corporation
$178,932
-7%
SAK Construction, LLC
$185,996
-4%
Visu- Sewer, Inc.
$190,130
-1%
Lametti & Sons, Inc.
$206,663
7%
3/27/2013
Agenda Information Memo
April 2, 2013 Eagan City Council Meeting
M. CONTRACT 13 -11, WATER QUALITY & STORM SEWER
CITY -WIDE IMPROVEMENTS
ACTION TO BE CONSIDERED: Receive bids and award Contract 13 -11 (2013 City -
Wide Water Quality and Storm Sewer Improvements) to Minnesota Dirt Works, Inc. for
the Base Bid and Alternate Bid No. 1 in the amount of $265,296.60 and authorize the
Mayor and City Clerk to execute all related documents.
FACTS:
Contract 13 -11 provides for storm sewer improvements in five waterbodies (one lake,
three wetlands and one storm basin) as identified and approved in the City's 5 -Year
Capital Improvement Plan (2013- 2017).
The improvements are being combined under one contract for economies of scale in
the competitive bidding process.
All bids have been reviewed for compliance with the bid specifications and accuracy
on unit price extensions and arithmetic. The low bid from Minnesota Dirt Works, Inc.
has been reviewed by the Engineering Division and found to be in order for favorable
Council action.
ATTACHMENT:
• Bid Summary Tabulation, page
E
BID SUMMARY
CITYWIDE WATER QUALITY STORM SEWER IMPROVEMENTS
CITY CONTRACT 13 -11
Bid Date/ Time: 10:30 a.m., Thursday, March 28, 2013
Engineer's Estimate: $350,000
Contractors Base Bid Alternate Bid 1 Total Bid % Over /Under
Estimate
1. Minnesota Dirt Works, Inc.
$ 261,696.60
$ 3,600.00
$ 265,296.60
-24.2%
2. G. F. Jedlicki, Inc.
$ 268,894.50
$ 400.00
$ 269,294.50
-23.1%
3. Urban Companies
$ 284,693.00
$ 3,600.00
$ 288,293.00
-17.6%
4. Sunram Construction
$ 382,106.67
$ 4,800.00
$ 386,906.67
10.5%
Agenda Information Memo
April 2, 2013 Eagan City Council Meeting
N. MINNESOTA DEPARTMENT OF HEALTH
SOURCE WATER PROTECTION PLAN GRANT AGREEMENT
ACTION TO BE CONSIDERED: Approve an Agreement with the Minnesota
Department of Health (MDH) for a Source Water Protection (Wellhead Protection Plan)
Implementation Grant and authorize the Mayor and City Clerk to execute all related
documents.
FACTS:
• Source water, or wellhead, protection is a way to prevent contaminants from entering
the area where drinking water is drawn. The City of Eagan currently has 21 wells that
collectively provide potable water to the City's public water system.
• By law (Minnesota Statutes, Section 103I, subdivision 5, and Minnesota Rules, parts
4720.5100 to 4720.5590), community public water systems are required to delineate,
inventory, and manage an inner wellhead management zone. Part 1 of the plan involves
delineation of the wellhead protection area and drinking water supply management
area, as well as an assessment of the municipal wells vulnerability. Part 2 involves the
creation/update of the wellhead protection plan itself, including goals, objectives, plan
of action, evaluation program, and contingency plan.
• Through the Clean Water, Land, and Legacy Amendment to the Minnesota
constitution, funding was provided to MDH to establish a source water protection
implementation grant program (Chapter 6; Art. 2; Sec.8 (b) [2011 First Special Session
Law]) to help public water suppliers implement their source water protection plans. The
source water implementation grant does not have cost share and all funds awarded must
be expended by June 30, 2014.
• The City of Eagan implemented its original source water, or wellhead, protection
program in 2002. The update to Part 1 was completed in December 2012. The original
Part 2 data set used to create the plan has not been updated in accordance with the
program requirements. This situation has been found to be quite common among
municipal water systems, so MDH has designated funding to encourage compliance.
• The grant agreement provides for $7,000 to verify and update the original wellhead
protection program (2002) information. There will be no associated costs that will be
the responsibility of the City, other than Public Works staff time involved in the
administration of the effort.
Public Works staff have reviewed the agreement and found it to be similar to previous
state grant agreements and in order for favorable Council action.
Agenda Information Memo
April 2, 2013 Eagan City Council Meeting
O. PROJECT 1127
DIFFLEY ROAD - COUNTY STREET IMPROVEMENTS
CONSTRUCTION AGREEMENT
ACTION TO BE CONSIDERED: Approve a Construction Agreement with Dakota
County for Project 1127 (Diffley Road Street Improvements - County Project 30 -24) and
authorize the Mayor and City Clerk to execute all related documents.
FACTS:
• The Dakota County Transportation Department plans to mill and overlay Diffley
Road (County State Aid Highway 30) from the Burnsville border to Heine Strasse, in
2013 as part of their pavement preservation program.
• In accordance with the County's Transportation Plan, Dakota County will pay 100%
of costs for the mill and overlay street improvements. Also in accordance with the
plan, the City will pay 20% of the costs associated with adjustment and maintenance
work of City -owned utilities located within County right of way by permit, with
Dakota County responsible for 80% of these costs.
• Public Works staff have assisted the County in the details of the proposed
improvements to City -owned utilities located within County right of way. The
estimated cost of the adjustment and maintenance work is consistent with bid prices
received for relevant bid items on other projects within the city.
• As set forth in the agreement, the City's financial responsibility for the construction
of the proposed improvements is estimated to be about $22,000. The Utility Fund will
finance the City's share of the costs.
• The agreement has been reviewed by the City Attorney and Public Works Department
and was found to be similar to other previous construction agreements and is in order
for favorable Council action.
arol
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Agenda Memo
April 2 City Council Meeting
P. APPROVE a Resolution to accept donations for Market Fest from Rasmussen
College, Eagan 55 Plus /Seniors, Dakota County Library, Minnesota Pork, Blue
Cross and Blue Shield of Minnesota and Health Partners.
ACTION TO BE CONSIDERED:
To approve a resolution to accept donations for Market Fest from Rasmussen College, Eagan 55
Plus /Seniors, Dakota County Library, Minnesota Pork, Blue Cross and Blue Shield of Minnesota
and Health Partners and to authorize the necessary budget adjustment.
FACTS:
The Market Fest 2013 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 2013 to allow this free community program to be hosted
by interested local partners.
The following partners are willing to donate cash and in -kind donations for Market Fest as
outlined below:
• Rasmussen College - $1,500 cash donation for promotion supplies
• Eagan 55 Plus /Seniors - $300 cash donation for Health & Wellness Night on 8 -14-
13.
• Dakota County Library - $500 cash donation for Family Night on 7- 10 -13.
• Minnesota Pork - $500 cash donation for Classic Car Night on 7- 24 -13.
• Blue Cross & Blue Shield of Minnesota - $250 for Veggie Bucks Partnership
■ An additional $500 to reimburse vendors for BCBS produce vouchers
employees earn for every 3rd visit. Unused funds will be returned to BCBS
after the end of Market Fest.
• Health Partners- in kind donation
■ Provide 500 shopping bags - $1,000 value
By approving these donations the 2013 Recreation budget would receive a corresponding
budget adjustment reflecting the cash donations of:
■ $1,500 to budget line item 3061 -4663 (Rasmussen).
■ 300 to budget line item 3061 -4663 (Eagan 55 Plus /Senior).
■ 500 to budget line item 3061 -4663 (Dakota County Library).
■ 500 to budget line item 3061 -4663 (Minnesota Pork).
■ 250 to budget line item 3061 -4663 (Blue Cross & Blue Shield of MN).
• $500 to budget line item 9001 - 1030.9 to reimburse vendors for BCBS
produce vouchers employees earn for every 3rd visit. Unused funds
will be returned to BCBS at the end of Market Fest.
■ 300 to budget line item 3061 -4663 (Eagan 55 Plus /Senior).
ATTACHMENTS:
• Resolution on Page l,4 I'
140
CITY OF EAGAN
RESOLUTION
TO ACCEPT CASH AND IN -KIND DONATIONS FROM
RASMUSSEN COLLEGE, DAKOTA COUNTY LIBRARY, EAGAN 55+ /SENIORS, MINNESOTA
PORK, BLUE CROSS & BLUE SHIELD OF MINNESOTA 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, Rasmussen College, Dakota County Library, Eagan 55+ /Seniors, Minnesota Pork,
Blue Cross & Blue Shield of Minnesota and Health Partners have 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, Rasmussen College has offered to donate $1,500 in cash to support the purchase of
promotional supplies; and
WHEREAS, the Eagan 55+ /Senior has offered to donate $300 in cash to support a specific
Market Fest event; and
WHEREAS, Dakota County Library has offered to donate $500 in cash to support a specific
Market Fest event; and
WHEREAS, Minnesota Pork has offered to donate $500 in cash to support a specific Market Fest
event; and
WHEREAS, Blue Cross and Blue Shield of Minnesota has offered to donate $250 in cash to
support the Veggie Bucks Partnership as well as an additional $500 to reimburse vendors for BCBS
produce vouchers their employees earn; and
WHEREAS, Health Partners has offered to donate 500 shopping bags valued at $1,000 to support
the Market Fest event; and
NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby accept the
$1,500 cash donation from Rasmussen College for Market Fest promotional supplies; the $500 cash
donation from the Dakota County Library to support entertainment at the July 10"' Market Fest; the $300
cash donation from the 55+ /Seniors to support entertainment at the August 14t" Market Fest; the $500
cash donation from Minnesota Pork to support entertainment at the July 24t1i Market Fest; the $250 cash
donation from Blue Cross and Blue Shield of Minnesota to support the Veggie Bucks program at Market
Fest and the in -kind donation from Health Partners for 500 shopping bags valued at $1,000 for Market
Fest.
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 2nd day of April, 2013.
City Clerk
e9
Agenda Information Memo
April 2, 2013 Eagan City Council Meeting
Q. CONTRACT 13 -13
MUNICIPAL WELL SEALING
ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract
13 -13 Municipal Well Sealing, (Project 1130 — Seal Municipal Wells) and authorize the
solicitation of bids.
FACTS:
• The City of Eagan acquired two deep municipal wells (unique ID #215835 and
#205597) in Cedar Pond Park when the Village of Eagan took over the original Cedar
Grove Development in the 1970s. The wells, originally dug in the late 1950s to early
1960s, were placed in stand -by in the mid- 1970s, and temporarily capped in May,
1993.
• Because these existing municipal wells are not appropriately placed to work with the
current water supply configuration and highly susceptible to contamination due to
accessibility, the City budgeted for and seeks to permanently seal both unused wells.
• Contract 13 -13 (Project 1130 — Seal Municipal Wells) provides for the proper sealing
of the two old municipal wells in Cedar Pond Park.
• An agreement between the City of Eagan and the Minnesota Department of Health
has been prepared providing for a grant totaling $29,975 for the sealing of the two
municipal wells. The agreement requires the City to complete the work before May
31, 2014. As set forth in the agreement, the City's financial responsibility will be
based on the final construction costs. The estimated $30,435 (50.4 %) total cost share
for the City would be the responsibility of the Water System Renewal & Replacement
Fund (Fund 1121).
• All of the sealing activity for said improvements has been designed to occur within
existing public right -of -way, easements, or property.
• The plans and specifications have been completed and are being presented to the City
Council for their approval and authorization of the solicitation of bids.
q3
Agenda Information Memo
April 2, 2013 Eagan City Council Meeting
R. CONTRACT 13 -09 UTILITIES ADMINISTRATION
OFFICE MODIFICATIONS
ACTION TO BE CONSIDERED: Approve the final payment for Contract 13 -09
(Utilities Administration Office Area Modifications) in the amount of $16,854.00 to
Dering Pierson Group (DPG) and accept the improvements for perpetual City
maintenance subject to warranty provisions.
FACTS:
• Contract 13 -09 provided for the modification of the existing Utilities administration
office layout to double the general office work surfaces, add needed storage space,
increase available conference room space, and update the conference room audio
visual center.
• These improvements have been completed, inspected by representatives of the Public
Works Department, and found to be in order for favorable Council action of final
payment and acceptance for perpetual maintenance subject to warranty provisions.
44
Agenda Information Memo
April 2, 2013 Eagan City Council Meeting
S. STONEHAVEN 4TH ADDTION
DRAINAGE & UTILITY EASEMENT VACATION
ACTION TO BE CONSIDERED: Approve the vacation of public drainage and utility
easements located on Lots 1 and 2, Block 3 and Outlot D of Stonehaven 4th Addition,
and authorize the Mayor and City Clerk to execute all related documents.
FACTS:
• On January 15, 2013, City staff received a petition from Ms. Carole Toohey, US
Home Corporation, requesting the vacation of existing drainage and utility easements
on Lots 1 and 2, Block 3 and Outlot D of Stonehaven 4th Addition.
• On February 5, the City Council scheduled a public hearing to consider the requested
vacation to be held on March 5.
• Public easements were dedicated on these lots and outlot of Stonehaven 4th Addition
to provide for public drainage and utility purposes.
• The purpose of the request is to allow the recording of a final plat of the properties for
the proposed Stonehaven 5th Addition development as a residential development. The
vacation of the easements would clean up the proposed plat by avoiding any
underlying recorded dedications.
• The final plat of Stonehaven 5th will address and incorporate all necessary public
drainage and utility easements on this property.
• On March 5, 2013, the City Council closed the public hearing and continued action
until April 2, 2013, to coincide with approval of the final subdivision for the
Stonehaven 5t" Addition development, also scheduled for Council consideration at
tonight's meeting.
• Notices were published in the legal newspaper and sent to all potentially affected or
interested parties, including private utility owners, informing them of the public
hearing on March 5. No objections to the proposed vacations were received.
ATTACHMENTS:
• Location Map, page
• Easement Vacation Legal Description, graphic, page
45
CITY OF EAGAN Fig. 1
•
Proposed Easemant Vacation ` Location Map
City ofBaRao Stonehaven 4th Addition
01 -15 -2013
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43
CITY OF EAGAN Fig. 1
•
Proposed Easemant Vacation ` Location Map
City ofBaRao Stonehaven 4th Addition
01 -15 -2013
City of Eagan
YANKEE DOODLE ROAD
OUTLOT D
STATION TRAIL
STONEHAVEN 41h ADDITION
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PROPOSED LEGAL DESCRIPTION TO VACATE
DRAINAGE AND UTILITY EASEMENTS
All drainage and utility easements lying over, under and across Lots 1 and 2, Block 3 and
Outlot D, STONEHAVEN 4TH ADDITION, according to the recorded plat thereof,
Dakota County, Minnesota; as delineated and dedicated on said STONEHAVEN 4TH
ADDITION.
2/28/2013
AREA TO BE VACATED
Agenda Information Memo
April 2, 2013, Eagan City Council Meeting
T. FINAL PLANNED DEVELOPMENT AND FINAL SUBDIVISION
(STONEHAVEN 5'FH ADDITION) - LENNAR CORP.
ACTION TO BE CONSIDERED:
To approve a Final Planned Development (Stonehaven 5th Addition) for 32 single - family homes,
located west of Wescott Woodlands and south of Yankee Doodle Road.
To approve a Final Subdivision (Stonehaven 5th Addition) for 32 single- family lots and two
outlots for open space and future development, located west of Wescott Woodlands and south of
Yankee Doodle Road.
REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present
FACTS:
➢ The Preliminary Planned Development and Preliminary Subdivision for the Stonehaven
development were approved by the City on March 16, 2010. The approval was for a total
of 263 units of single - family, twin - homes, and townhomes, and future 100 -unit multiple -
family senior building upon approximately 115 acres.
➢ Stonehaven 5th Addition consists of 32 65' and 75' wide single - family lots in the north
central portion of the development. Outlot A is reserved for future development and
Outlot B is for open space. The 5th Addition is consistent with the preliminary
Stonehaven approval from March 2010.
➢ The Open Space Management Plan established with the earlier phases is also made part
of the Stonehaven 5t' Addition Development Agreement and the Final Planned
Development Agreement. Public open space and public trail in this area are being
provided.
➢ The Open Space will be owned and maintained by the Homeowners' Association. The
City will maintain the trail and land within 6' on either side of the trail. A Conservation
Easement has been prepared by the City Attorney for the open space within Stonehaven
5th Addition.
➢ All documents are anticipated to be in order for execution at the City Council meeting on
April 2, 2013.
ISSUES: None
ATTACHMENTS (3):
Location Map, page 1401
Approved Preliminary Stonehaven Site Plan on pages aD and
Final Plat (Stonehaven 5th Addition), page_��
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Agenda Information Memo
April 2, 2013, Eagan City Council Meeting
A. CONDITIONAL USE PERMIT — KRISTEN MILLER
ACTION TO BE CONSIDERED:
To approve (or direct preparation of Findings of Fact for Denial) a Conditional Use Permit to
exceed 25% impervious surface coverage in a Shoreland Overlay District on a residential lot
located at 3769 Denmark Trail West, subject to the conditions listed in the APC minutes.
REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present.
FACTS:
➢ The applicant is proposing to construct an in- ground pool, pool deck, and equipment pad
on a single - family lot within the Shoreland Overlay District of Fish Lake. Fish Lake is
classified as one of Eagan's top priority lakes.
➢ Shoreland zoning limits impervious coverage to a maximum of 25% of the lot size. The
ordinance allows for impervious coverage above that amount with a Conditional Use
Permit.
➢ The existing impervious coverage on the lot is 25.7 %. With the proposed swimming pool
installation, the impervious coverage would be increased to 34.7 %.
➢ The applicant is proposing to mitigate the impacts of the increased impervious surface by
reducing the size of the existing patio, redirecting downspouts, and installing several rain
gardens within the site.
➢ As proposed the rain gardens capture approximately 85% of runoff from the excess
impervious area, and should be designed to accommodate 100% of the runoff from a 100 -
year, 24 -hour, 6" rainfall event.
➢ If installed correctly and routinely maintained, the rain gardens will sufficiently offset the
excess impervious area. To ensure on -going maintenance and functionality, the
landowner should enter into a long -term maintenance agreement with the City, in a form
acceptable to the City Attorney.
➢ A public hearing was held on March 26, 2013 and the APC did recommend approval.
ISSUES: None
60 -DAY AGENCY ACTION DEADLINE: April 21, 2013
ATTACHMENTS: (3)
Location Map, page 5q
Draft March 26, 2013, APC Meeting Minutes, pages *5 through 05(p
Planning Report, pages JAI through (OR _
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Advisory Planning Commission
March 26, 2013
Page 2 of 10
1V. PUBLIC HEARINGS
A. 3769 Denmark Trail West
Applicant Name: Homeowner
Location: 3769 Denmark Trail West; Lot 24, Block 3, Pilot Knob Heights 4th Addition
Application: Conditional Use Permit
A Conditional Use Permit to impervious surface coverage in a Shoreland Overlay
File Number: 15- CU- 02- 02 -13.
City Planner Ridley introduced this item and highlighted the i
Staff report dated March 19, 2013. He noted the background
Chair Heaney opened the public hearing.
Kristen Miller stated they have owned their home Wj- 5 years
the concerns related to the application. ��
presented in the City
believe thev'Wh0.e_addressed
Member Vanderpoel commended the applicant for using therain garden techniques. She stated
knowledge of the need for on -going required mainteriance'60,asked the applicant if they are
committed to taking care of the rain garMlh Y.
%�f t
Mrs. Miller stated she is committed to taking ar E ingardeV`
Mark Ulfers, 3771 Denmark,Trail; stated he is or of the. lication and stated he is familiar
with Miller's landscaping companyrand that they are reputa! le and he is very comfortable that
there will be no imaact o:h his pr6agrty and Fish Lake.
There being no further pU
discussion back.to -the Co
MemberEupina ingL
accos date rain g
City It'N o h n Gorder
sized rain aafes.
Member Piper aske
coverage over 25 %.
that
it Heapt, closed the public hearing and turned the
ired 100% capture rate and if the site can
is adequate space on the property for the appropriately
roposal will properly treat the runoff from all impervious surface
stated it would.
Member Dugan inquired if the City's Water Quality staff and Engineers have reviewed and
accepted the proposal. He also asked if condition 8 includes posting a bond to enforce on-
going maintenance.
Mr. Gorder stated the City's water quality and Engineers have reviewed the proposal. City
Attorney Bob Bauer a bond to enforce on -going maintenance is not required.
Member Dugan stated support for the application and acknowledged the efforts of the applicant
to address the concerns.
Advisory Planning Commission
March 26, 2013
Page 3 of 10
Member Supina moved, Member Piper seconded a motion to recommend approval of a
Conditional Use Permit to exceed 25 % impervious surface coverage in a Shoreland Overlay
District for an in- ground swimming pool and pool deck on a residential lot located at 3769
Denmark Trail West, 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 with the following exhibit:
• Site Plan dated February 17, 2013
2. The impervious surface of this lot shall not exceed 34.7% per the Site Plan dated
February 17, 2013.
3. Prior to the release of the Conditional Use Permit for recording the applicant shall provide a
$500 escrow deposit for inspection of the raingarden(s) installation
4. The proposed rain gardens /infiltration basins shall designed and constructed to
accommodate 100% of the runoff from the excess impervious surfaces from a 100 -year, 24-
hour, 6.0 rainfall event.
5. Infiltration basins shall be constructed so that to 15orary pond ed runoff has filtrated below
the surface within 48 hours after the end of a vent. f
6. Mitigative designs and installations shall be appr Fv by t: City Engineering Division and
the installation shall be overseen and inspected by ` at the time of installation.
7. As -built drawings and capture volume me ur ent J be provided to the City that verify
minimum storage volume requirement Js being met.
8. The applicant shall enter into a long rn�, tormwater facility- ;inspection and maintenance
agreement, in a form acceptable to %tto ney, to be filcinthe property records with
Dakota County Recorder's Office, at the' xpense. 3>i
9. The applicant shall discharge water fro - Ntthe , r51 r' ';sand manner acceptable to the
Water Resources Manager ._ &
All voted in favor. Motion carried
`D(P
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: March 19, 2013
APPLICANT: Kristen Miller
PROPERTY OWNER: Kristen Miller
REQUEST: Conditional Use Permit
LOCATION: 3769 Denmark Trail West
CASE: 15- CU- 02 -02 -13
HEARING DATE: March 26, 2013
APPLICATION DATE: Feb. 20, 2013
PREPARED BY: Pamela Dudziak
COMPREHENSIVE PLAN: LD, Low Density Residential
ZONING: PD, Planned Development
SUMMARY OF REQUEST
The applicant is requesting approval of a Conditional Use Permit to exceed 25% impervious
surface coverage in a Shoreland Overlay District for an in- ground swimming pool and pool deck
on a residential lot located at 3769 Denmark Trail West, legally described as Lot 24, Block 3,
Pilot Knob Heights 4th Addition.
AUTHORITY FOR REVIEW
City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following.
Subdivision 4C states that the Planning Commission shall recommend a conditional use pen-nit
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.
51
Planning Report — 3769 Deranark Tr. W.
March 26, 2013
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
The Pilot Knob Heights 4th Addition subdivision was platted in 1974. The property is zoned
PD, Planned Development, and is designated for single - family use. The property is located in the
Shoreland Overlay District of Fish Lake, a General Development Lake. Residential zoning
standards limit building coverage to 20 %, and in the Shoreland Overlay District, impervious
surface coverage is limited to 25% of the lot area.
EXISTING CONDITIONS
The 12,817 sq. ft. lot consists of a single family home with an attached garage constructed in
1977. Driveway access is provided from Denmark Trail West. The rear portion of the lot
contains an existing 525 sq. ft. concrete patio and 101 sq. ft. shed. The existing building
coverage ratio is now 10.6 %, which complies with the maximum of 20% for residential
properties. However, the existing impervious surface coverage of the property is 25.7 %, which
exceeds the Shoreland District maximum of 25 %.
i
Planning Report — 3769 Dentnark Tr. W.
March 26, 2013
Page 3
SURROUNDING USES
The subject site is surrounded by single family residences on all sides.
EVALUATION OF REQUEST
Compatibility with Surrounding Area_ - The subject site is surrounded by single family
residences. The proposed construction of an in- ground pool and pool deck is compatible with the
surrounding area.
Code Requirements — Eagan City Code (§ 11.65 — Shoreland Overlay District) stipulates that
impervious coverage must not exceed 25% of the lot area within the Shoreland Overlay District.
However, the Code does allow for an increase in the impervious area, provided the City has: 1)
issued a Conditional Use Permit permitting an increase in impervious coverage; 2) approved and
implemented a community -wide stormwater management plan affecting the subject site; and 3)
required the necessary water quality mitigation features to meet non - degradation standards for
phosphorus for the nearest downstream recreational waterbody. In addition, the general CUP
standards listed at the beginning of this report are applicable to the evaluation of this request.
The City's Water Quality & Wetland Management Plan (2007) identifies Fish Lake as Eagan's
highest priority (along with Schwanz Lake) and designates it a Class 1 lake (one of only five in
the City). The highest management goal of Class 1 lakes is to support swimming and other forms
of direct - contact recreation. In 2006, under Section 303(d) of the Clean Water Act, the
Minnesota Pollution Control Agency listed Fish Lake as impaired for aquatic recreation due to
excess storrnwater runoff pollution (i.e., phosphorus) entering in the lake. Subsequently, the
City's required plan to reduce the phosphorus has been approved and is now being implemented.
Minnesota Department of Natural Resources (DNR) — Notice of the proposed CUP was sent to
the DNR as required by the Shoreland zoning ordinance. As of the date of this report, we have
not received comments from the DNR. Such comments are anticipated prior to the City Council
meeting, and will be distributed to the Advisory Planning Commission (APC) if received prior to
the APC meeting.
Description of Proposal — Impervious coverage includes all hardcover areas: home, garage, shed,
driveway, sidewalks, patios, and pool patio as well as the pool. The applicant proposes to
construct a new in- ground pool, sized at 20' x 40' (800 sq. ft.); a pool deck (608 sq. ft.); and a
pool equipment pad (32 sq. ft.). The existing patio is proposed to be reduced from 525 to 238 sq.
ft. As a result, the proposed overall impervious surface coverage would increase to 34.7% (4,449
sq.ft.). While the net increase above existing conditions is 1,153 sq. ft., the resulting amount of
excess impervious coverage over the maximum 25% allowable is 1,245 sq. ft.
A summary of these numbers is provided in the table below.
SOO
Mal
Planning Report — 3769 Denmark Tr. W.
March 26, 2013
Page 4
The applicant is requesting approval of a CUP and proposes to construct several rain gardens to
retain stormwater runoff within the site and to allow for greater amounts of on -site infiltration.
The applicant also proposes to reduce the size of the existing paver patio, and redirect
downspouts to lawn and rain garden areas. According to the applicant's submittal, these
measures will reduce stormwater runoff leaving the site to an amount less than currently exists.
Effectiveness of Mitigative Measures — Reducing impervious area by removing a portion of the
patio provides a direct offset to the proposed new impervious coverage, and redirecting
downspouts retains more of the roof runoff within the site. Much of the beneficial impact of the
rain gardens/ infiltration basins is dependent upon the design, soil conditions and implementation
methods. In addition, infiltration basins also require ongoing monitoring and maintenance of the
vegetation and sedimentation to ensure continued functionality as intended.
Eagan City Code ( §4.33 Post Construction Requirements) stormwater management design
standards specify that stormwater runoff calculations shall be according to the "TR -55" technical
methodology that has been employed as a standard by professional engineers for years. Based on
what is commonly referred to as a 100 -year, 24 -hour rainfall event (6.0 "), the proposed excess
impervious area equates to a stormwater volume runoff of 622.5 cubic feet. As proposed, the
three (3) rain gardens/ infiltration basins would capture approximately 527.8 cubic feet of storm
water runoff, or about 85% of the runoff from the excess impervious area.
The mitigative measures should be designed to accommodate 100% of the runoff from the
"excess" impervious area based on a 100 -year, 24 -hour, 6.0" event due to the City's priority and
classification of the lake and to Fish Lake's impairment status. Capturing 100 % of the runoff
from the excess impervious area from such an event would be a warranted conservative
mitigation approach, and would satisfy the CUP standard of meeting non - degradation standards
for phosphorus for the nearest downstream recreational waterbody.
If rain gardens /infiltration basins are allowed to mitigate the "excess" impervious area, they
should be installed according to the guidelines of the Minnesota Storm Water Manual and the
Dakota County Low Impact Development Standards. Designs and installations should be
Square Footage
Ratio to Lot Area
of Impervious
(12,817 s . ft.)
Maximum Allowable
3,204
25.0%
in Shoreland Overlay District
Existing Conditions
3,296
25.7%
Proposed Impervious Coverage
4,449
34.7%
Net Increase in Impervious
1,153
8.9%
(over existing conditions)
Excess Impervious Coverage
1,245
9.7%
(over 25% maximum)
The applicant is requesting approval of a CUP and proposes to construct several rain gardens to
retain stormwater runoff within the site and to allow for greater amounts of on -site infiltration.
The applicant also proposes to reduce the size of the existing paver patio, and redirect
downspouts to lawn and rain garden areas. According to the applicant's submittal, these
measures will reduce stormwater runoff leaving the site to an amount less than currently exists.
Effectiveness of Mitigative Measures — Reducing impervious area by removing a portion of the
patio provides a direct offset to the proposed new impervious coverage, and redirecting
downspouts retains more of the roof runoff within the site. Much of the beneficial impact of the
rain gardens/ infiltration basins is dependent upon the design, soil conditions and implementation
methods. In addition, infiltration basins also require ongoing monitoring and maintenance of the
vegetation and sedimentation to ensure continued functionality as intended.
Eagan City Code ( §4.33 Post Construction Requirements) stormwater management design
standards specify that stormwater runoff calculations shall be according to the "TR -55" technical
methodology that has been employed as a standard by professional engineers for years. Based on
what is commonly referred to as a 100 -year, 24 -hour rainfall event (6.0 "), the proposed excess
impervious area equates to a stormwater volume runoff of 622.5 cubic feet. As proposed, the
three (3) rain gardens/ infiltration basins would capture approximately 527.8 cubic feet of storm
water runoff, or about 85% of the runoff from the excess impervious area.
The mitigative measures should be designed to accommodate 100% of the runoff from the
"excess" impervious area based on a 100 -year, 24 -hour, 6.0" event due to the City's priority and
classification of the lake and to Fish Lake's impairment status. Capturing 100 % of the runoff
from the excess impervious area from such an event would be a warranted conservative
mitigation approach, and would satisfy the CUP standard of meeting non - degradation standards
for phosphorus for the nearest downstream recreational waterbody.
If rain gardens /infiltration basins are allowed to mitigate the "excess" impervious area, they
should be installed according to the guidelines of the Minnesota Storm Water Manual and the
Dakota County Low Impact Development Standards. Designs and installations should be
Planning Report — 3769 Denmark Tr. W.
March 26, 2013
approved and inspected by the City Engineering Division. After completion, the applicant
should provide documentation (as -built drawings and volume measurements) to verify they were
constructed as designed with required minimum sizing. No additional impervious area should be
allowed on this lot.
Maintenance — Because the proposed additional impervious area will be permanent, the rain
gardens /infiltration basins need to be maintained over time to function properly for retention and
infiltration of stormwater runoff. Since the proposed mitigative measures will be located on
private property, ensuring that such regular maintenance occurs could be challenging. Therefore,
the City should have legal assurances, and the land owner should enter into a long -term
maintenance agreement with the City, in a form acceptable to the City Attorney.
Landscaping - The applicant is proposing to regrade the yard to accommodate the swimming
pool and create swales that direct stormwater drainage to three newly constructed rain gardens.
Turf grass should be reestablished over the disturbed areas and the rain gardens planted with
appropriate vegetation that is well- suited to such growing conditions and to aid in storm water
absorption. A landscape plan for the rain gardens should be provided prior to release of the CUP
for recording.
SUMMARY /CONCLUSION
The applicant is proposing to construct an in- ground pool, pool deck, and equipment pad on a
single - family lot within the Shoreland Overlay District of Fish Lake. Shoreland zoning limits
impervious coverage to a maximum of 25% of the lot size. The applicant is requesting approval
of a Conditional Use Permit to allow 34.7% impervious coverage. The Conditional Use Permit
is subject to the eight points listed in the Authority for Review section of this report, in addition
to the three criteria specific to increasing impervious area that are listed in the shoreland zoning
ordinance.
Fish Lake is classified as one of Eagan's top priority lakes. The applicant is proposing to
mitigate the impacts of the increased impervious surface by reducing the size of the existing
patio, redirecting downspouts, and installing several rain gardens within the site. The mitigative
measures should be designed to accommodate 100% of the runoff from the "excess" impervious
area. If installed correctly and routinely maintained, they will sufficiently offset the excess
impervious area. To ensure on -going maintenance and functionality, the landowner should enter
into a long -tenn maintenance agreement with the City, in a form acceptable to the City Attorney.
ACTION TO BE CONSIDERED
To recommend approval of a Conditional Use Permit to exceed 25% impervious surface
coverage in a Shoreland Overlay District for an in- ground swimming pool and pool deck on a
residential lot located at 3769 Demnark Trail West.
If approved, the following conditions should apply:
Planning Report — 3769 Denmark Tr. W.
March 26, 2013
Page 6
1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval
by the City Council with the following exhibit:
• Site Plan dated February 17, 2013
2. The impervious surface of this lot shall not exceed 34.7 % per the Site Plan dated
February 17, 2013.
3. Prior to the release of the Conditional Use Permit for recording, the applicant shall provide a
$500 escrow deposit for inspection of the raingarden(s) installation.
4. The proposed rain gardens /infiltration basins shall be designed and constructed to
accommodate 100% of the runoff from the excess impervious surfaces from a 100 -year, 24-
hour, 6.0" rainfall event.
5. Infiltration basins shall be constructed so that temporary ponded runoff has infiltrated below
the surface within 48 hours after the end of a rain event.
6. Mitigative designs and installations shall be approved by the City Engineering Division and
the installation shall be overseen and inspected by City staff at the time of installation.
7. As -built drawings and capture volume measurements shall be provided to the City that verify
minimum storage volume requirement is being met.
8. The applicant shall enter into a long -term stonnwater facility inspection and maintenance
agreement, in a form acceptable to the City Attorney, to be filed in the property records with
Dakota County Recorder's Office, at the applicant's expense.
9. The applicant shall discharge water from the pool in a fonn and manner acceptable to the
Water Resources Manager.
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Zoning
Current Zoninq and Land Use Map
Application: 3769 Denmark Trail West
Type: Conditional Use Permit
Case No.: 15- CU- 02 -02 -13
PD Planned Development
Land Use Plan
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To: City of Eagan
From: Kris Miller, homeowner
Re: CUP to exceed impervious surface coverage in a Shoreland Overlay District
Date: March 6, 2013
Attached you will find the revised plan for the pool installation at 3769 Denmark Trail West.
To mitigate the increased impervious surface area created by the pool and deck (per attached diagram
and notes):
• The existing patio area has been decreased.
• Rain gardens designed to absorb and redirect the overflow from impervious surfaces will be
installed.
• Existing drain spouts will be directed to lawn and rain garden areas — to best effect storm water
absorption.
The result will be at least a 1% reduction in runoff over the existing conditions (pre pool installation).
NARRATIVE RECEIVED MAR 0 E M3
PI
The project goals are to:
1. Bring the site back into compliance with the target hardcover requirements.
2. Improve the site's ability to accept and absorb stormwater, reducing or eliminating stormwater runoff,
especially to the neighbor along the Eastern property boundary.
3. Improve the livability and value of the property overall.
The accompanying landscape plan will accomplish each of the goals above. A brief description of the design
follows:
We examined each of the existing hardcover areas as well as the desired site improvements such as the pool
and surrounding apron for ways to reduce or eliminate hardcover surface area without jeopardizing the overall
function of the space.
• We then evaluated a number of " Stormwater Best Management Practices" (BMP's).
• Of the BMP's appropriate for our site, the designers determined that installing one or more rain gardens
would be the most effective long term solution.
• A site plan was prepared to show all the existing and proposed site elements
• An overlay was sketched onto the site plan, showing all the possible locations for rain gardens.
• A simple water flow analysis was performed, showing the location and amounts of water
generated during a typical storm.
• The underlying native soil on site is primarily Kennebec variant silt loam. This is a moderately
well drained soil which would provide percolation rates between .57 and 1.98 inches per hour
at its most limited, which would be well suited for rain garden construction. However, the
overlying soil is quite compacted in many areas of this site, so appropriate initial preparation
would be necessary to mitigate this condition.
• Of the potential locations for rain gardens on site, three were selected for further evaluation
and design. These are shown on the plan.
• Please refer to the table above for storage capacities of the three proposed rain gardens Each
rain garden will be prepared in the following manner:
• The rain gardens will be excavated to a depth of 30 ", the base (sub -cut) soil surface will
be loosened to provide good interface and to maximize percolation
• A 24" depth layer of sand /compost mix will be installed.
• This will result in a 6" ponding depth which will provide enough storage capacity to
achieve the water management goals set forth in the design.
9 i i11411 It
RECEIVE MAR , 7 201"]
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Agenda Information Memo
April 2, 2013, Eagan City Council Meeting
B. PLANNED DEVELOPMENT AMENDMENT – REPRISE DESIGN, INC.
ACTION TO BE CONSIDERED:
To approve (or direct preparation of Findings of Fact for Denial) a Planned Development
Amendment to allow changes to the building exterior and modifications to the site plan and
signage for a McDonald's restaurant upon property located at 3045 Holiday Lane, subject to the
conditions listed in the APC minutes.
REQUIRED VOTE FOR APPROVAL: At least three votes.
FACTS:
➢ The Oakview Center Planned Development was established in 1998. The McDonald's
restaurant was constructed in 2001, pursuant to a Final PD Agreement dated December 20,
1999.
➢ McDonald's is proposing to remodel the building exterior, update signage and make site
modifications to meet accessibility standards.
➢ A reduction of 8 parking stalls is proposed, 5 of which are to accommodate a
reconfiguration of the accessible stalls and a new accessible walkway from the building
to the public way in the northeast corner of the site. 62 parking stalls will remain.
➢ The proposed exterior building renovation proposes removal of some windows, added
EIFS and brick to the facades, removal of the existing red mansard and replacement with
a gray parapet.
➢ Building and drive -thru signage will be updated, and the proposed sign package appears
to be consistent with City Sign Code standards. The existing free - standing sign will
remain unchanged.
➢ A public hearing was held on March 26, 2013 and the APC did recommend approval.
ISSUES: None
60 -DAY AGENCY ACTION DEADLINE: April 21, 2013
ATTACHMENTS: (3)
Location Map, page
Draft March 26, 2013, APC Meeting Minutes, page 9a
Planning Report, pages _J'5— through_ r5._
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Location Map
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Advisory Planning Commission
March 26, 2013
Page 4 of 10
B. McDonald's Holiday Lane
Applicant Name: Reprise Design Inc.
Location: 3045 Holiday Lane; Lot 4, Block 1, Oakview Center
Application: Planned Development Amendment
A Planned Development Amendment to allow changes to the exterior building.
File Number: 12- PA- 02 -02 -13
City Planner Ridley introduced this item and highlighted the information presented in the City
Staff report dated March 20, 2013. He noted the background and hist
Owner Tom Butler stated he had nothing to add.
Chair Heaney opened the public hearing.
There being no public comment, Chair Heaney cl
discussion back to the Commission.
Member Filipi moved, Member Vanderpoel seconded -t
Planned Development Amendment to allow changes`
to the site plan and signage for a McDonald's restaurant
Lane, subject to the following conditions = `...: >,..
An Amendment to the Planned Deg
with the Dakota County Recorder's
shall be provided to the City. The I
exhibits:;`
• Site Pla . h =
• Building' levations
• Signage
=t�z
• Landscapen f .._F.
Member Dugan refe
dress'.
ed the
mmend apval of a
exterior and modifications
r located at 3045 Holiday
be executed and recorded
iroval. Proof of recording
shall include the following
(north) elevation to provide screening of
ecttio compliance with City Code standards and a Sign Permit is
ion offiany'new signs.
rs sh�be installed and displayed in accordance with the
8 of 6e City Code.
shall be evaluated in the summer, and any dead or diseased
in accordance with the City Code.
some of the updates proposed would likely be considered `trade
Member Piper stated the parking deviation can be justified for improvement of accessibility and
walkability. He went on to say that with the history of the applicant operating in the city, he is
certainly in tune with the amount of parking spaces they need. Mr. Piper also stated that
although the class 3 materials exceed the 35% standard, the proposed upgrade not only
freshens the appearance of the building but also brings the entire building more in line with the
City's exterior materials standards.
All voted in favor. Motion carried 6 -0.
q�
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: March 20, 2013
APPLICANT: Reprise Design, Inc.
PROPERTY OWNER: Archland Property I, LLC
REQUEST: Planned Development Amendment
LOCATION: 3045 Holiday Lane
COMPREHENSIVE PLAN: RC, Retail Commercial
ZONING: PD, Planned Development
SUMMARY OF REQUEST
CASE: 12- PD- 02 -02 -13
HEARING DATE: March 26, 2013
APPLICATION DATE: Feb. 20, 2013
PREPARED BY: Pamela Dudziak
The applicant is requesting approval of a Planned Development Amendment to allow changes
to the building exterior and modifications to the site plan and signage for a McDonald's
restaurant upon property located at 3045 Holiday Lane, legally described as Lot 4, Block 1,
Oakview Center.
AUTHORITY FOR REVIEW
Chapter 11, Section 11.50, Subdivision 5 states, in part,
1. The provisions of this chapter may be amended by the majority vote of the council, except
that amendments changing the boundaries of any district or changing the regulations of any
district may only be made by an affirmative vote of two - thirds of all members of the council.
2. The Council shall not rezone any land or area in any zoning district or make any other
proposed amendment to this chapter without first having referred it to the advisory planning
commission for its consideration and recommendation.
BACKGROUND/HISTORY
The Oakview Center Planned Development was initially approved in 1998. It consisted of
approximately 17 acres located south of Lone Oak Road, and north and east of Hwy. 55. The
McDonald's restaurant was constructed in 2001, pursuant to a Final PD Agreement dated
December 20, 1999. The Final Planned Development Agreement included a Site Plan, Building
Elevations, Landscape Plan, Signage Plan and Lighting Plan. In addition to the McDonald's, the
Oakview Center PD contains a hotel to the west of the restaurant, and east of Holiday Lane are a
93
Planning Report — McDonald's (Oakview Center)
March 26, 2013
Holiday gas station and convenience store, a multi - tenant strip retail building and the Cerasis office
building. A few lots in the development remain vacant.
EXISTING CONDITIONS
The subject site is developed with a McDonald's restaurant. Driveway access into the site is
from the private street to the north. Holiday Lane, a public street, abuts the property to the east
and Hwy. 55 is adjacent to the south. The drive -thru service approach is located on the north
side of the building, with the pick -up window on the west side. The majority of parking is
located on the east side of the building. A free standing sign is located in the southeast corner of
the site.
SURROUNDING USES
The following existing uses, zoning, and comprehensive guide plan designations surround the
subject property:
EVALUATION OF REQUEST
Description of Proposal — McDonald's restaurant is proposing to remodel the building exterior
and update signage. In addition, modifications to the site plan are proposed to meet accessibility
standards.
Site Plan - The accessible parking stalls are proposed to be redesigned to meet current ADA
standards, resulting in the loss of one parking stall. A new walkway will be striped across the
northern portion of the site to create a path to the public way on Holiday Lane. To accomplish
this, four existing parking stalls are proposed to be removed. An additional three parallel stalls
currently striped along the south edge of the parking lot are proposed to be eliminated, for an
overall reduction of eight parking stalls. Per the original PD approval, existing stalls are 9' x
18% drive aisles are 26' wide compared to the City Code minimum of 24'. Green space remains
unchanged at 25.7 %.
Current pavement markings direct one -way traffic through the easterly parking lot. The proposed
site modifications include new pavement markings allowing two -way traffic in that area. The
parking stall configuration and drive aisle width ( +24') can accommodate two -way traffic
circulation.
1�
Existing Use
Zoning
Land Use Designation
North
Vacant (hotel approved)
PD, Planned Development
RC, Retail Commercial
East
Holiday
PD, Planned Development
RC, Retail Commercial
South
Hwy. 55; Dart Transit;
Stark's Restaurant
Right -of -Way; Dart office
and parking; Stark's
restaurant
I -1, Limited Industrial
West
Hotel
PD, Planned Development
RC, Retail Commercial
EVALUATION OF REQUEST
Description of Proposal — McDonald's restaurant is proposing to remodel the building exterior
and update signage. In addition, modifications to the site plan are proposed to meet accessibility
standards.
Site Plan - The accessible parking stalls are proposed to be redesigned to meet current ADA
standards, resulting in the loss of one parking stall. A new walkway will be striped across the
northern portion of the site to create a path to the public way on Holiday Lane. To accomplish
this, four existing parking stalls are proposed to be removed. An additional three parallel stalls
currently striped along the south edge of the parking lot are proposed to be eliminated, for an
overall reduction of eight parking stalls. Per the original PD approval, existing stalls are 9' x
18% drive aisles are 26' wide compared to the City Code minimum of 24'. Green space remains
unchanged at 25.7 %.
Current pavement markings direct one -way traffic through the easterly parking lot. The proposed
site modifications include new pavement markings allowing two -way traffic in that area. The
parking stall configuration and drive aisle width ( +24') can accommodate two -way traffic
circulation.
1�
Planning Report — McDonald's (Oakview Center)
March 26, 2013
The drive -thru configuration is not proposed to be modified. The current drive -thru is a single
lane, with two menu boards and ordering stations on the north side of the building. Drive -thru
and other signage will be updated. Stacking for five vehicles is provided within the site.
Parking — The proposal removes eight parking stalls. Five stalls are proposed to be removed to
accommodate accessibility, and three parallel stalls along the south boundary of the parking lot
are also proposed to be removed. For drive -thru restaurants, the City Code requires one parking
stall for each 60 s.f, of gross floor area, which translates to 78 stalls. The site was initially
constructed with 70 stalls, and this amendment provides 62 stalls. If needed in the future, the
three parallel stalls could be restored along the south boundary of the parking lot.
The one stall per 60 s.£ parking standard was adopted in October 2003, after this site was
developed. The PD zoning allows flexibility from the strict application of the ordinance. While
there is a reduction in the total number of stalls as a result of this proposal, compliance with
accessible design requirements are improved. The 62 stalls remaining is comparable to other
McDonald's restaurants in Eagan -- the Nicols Road and Lexington/Diffley McDonald's both
have more than 60 parking stalls; the Cedar Grove and Town Centre McDonald's both have
fewer than 50 stalls.
Building Elevations /Architecture — The Final PD Agreement included final approved building
elevations and changes are now proposed to the exterior building finish. Subsequent to the
development of this property, the City adopted architectural standards within the zoning
ordinance. The ordinance sets forth standards for use of certain materials in specified amounts
and combinations on newly constructed buildings, and for expansions of existing non-
conforming buildings. While the standards for newly constructed buildings do not strictly apply
to renovation of an existing building such as this, the ordinance remains the basis for comparison
of proposed renovations.
Overall, the building utilizes 75.75 % Class I materials, and 25.25% Class III materials. This is
comparable to the new construction standard in commercial zoning districts of not less than 65%
Class I materials, and not more than 35% Class II or III materials.
The base and walls of the existing building are primarily brick, with glass windows and doors.
The existing red mansard roof consists of metal panels. The proposed updated elevations add
EIFS (a Class III material). Additional brick is proposed to cover portions of the wall newly
exposed with removal of the mansard. On the front (south) elevation, windows are being
removed and more EIFS added. With these changes, the composition of Class III materials only
on this elevation exceeds the 35% standard. The parapet replacing the mansard is a finished
metal panel, and comprises less of the fagade area than the existing metal mansard.
Mechanical Equipment — When 50% or more of the roofline of an existing building is altered,
City Code requires that a parapet wall at least 30 inches in height be constructed on the perimeter
of the roof. The architectural renovation of the exterior includes removal of the existing red
mansard roof. It is proposed to be replaced with a new parapet wall that is 31" in height, which
satisfies this standard.
95
Planning Report — McDonald's (Oakview Center)
March 26, 2013
Paize 4
The objective is to frilly screen rooftop mechanical units. While rooftop equipment was not
shown on the submitted Elevations, the proposed parapet is 12" taller than the existing mansard
roof, which currently provides effective screening of the rooftop equipment. The parapet should
be extended along the rear (north) elevation to provide screening of mechanical equipment from
that direction.
Signage — Except for the existing freestanding sign, this proposal updates the building, drive -thru
and other site signage. The signage package includes illuminated yellow canopy accents on the
building, and an arched yellow arcade on the front (south) elevation. The McDonald's name and
trademark "golden arches" are also proposed on this elevation. Other building signage consists
of the trademark "golden arches" above the east side entrance door. This is consistent with City
Code which allows up to three signs on two elevations. Updated signage for the drive -thru
includes the entrance clearance bar and order station.
All signage is subject to compliance with City Code standards and a Sign Permit is required prior
to installation of any new signs.
Building Address Numbers — Building address numbers should be installed and displayed in
accordance with the provisions in Section 2.78 of the City Code.
Landscaping — No changes to the perimeter landscaping is proposed. New landscaping will be
provided only in areas disturbed for the proposed construction. This consists of primarily of
shrub and perennial plantings around the building. Existing site landscaping should be evaluated
in the summer, and any dead or diseased plants should be replaced in accordance with the City
Code.
SUMMARY /CONCLUSION
The applicant is requesting approval of a Planned Development Amendment to allow changes
to the building exterior and modifications to the site plan and signage for a McDonald's
restaurant. The building was constructed in 2001. The current proposal is to update the building
exterior and signage, and create compliance with accessibility requirements by redesigning the
accessible parking stalls, and establishing an accessible pathway to the public way (Holiday
Lane) in the northeast corner of the site. Disturbance of the site is minimal and green space
remains unchanged. The number of parking stalls is reduced, however, parking remains above
60 stalls.
The proposed amendment appears consistent with typical City Code standards. While this
building was constructed prior to the City's adoption of architectural materials standards, the
proposed building renovation achieves a mix that is in keeping with what would be required for
new construction — added brick, introduction of EIFS in some areas, replacement of the metal
mansard with a parapet. The new parapet also satisfies the City Code standards for mechanical
screening. Likewise, the proposed signage package appears to comply with City Sign Code
standards.
Planning Report — McDonald's (Oakview Center)
March 26, 2013
ACTION TO BE CONSIDERED
To recommend approval of a Planned Development Amendment to allow changes to the
building exterior and modifications to the site plan and signage for a McDonald's restaurant upon
property located at 3045 Holiday Lane.
If approved the following conditions shall apply:
1. An Amendment to the Planned Development Agreement shall be executed and recorded
with the Dakota County Recorder's office within 90 days of approval. Proof of recording
shall be provided to the.City. The PD Amendment Agreement shall include the following
exhibits:
• Site Plan
• Building Elevations
• Signage Plan
• Landscape Plan
2. The parapet shall be extended along the rear (north) elevation to provide screening of
mechanical equipment.
3. All signage shall be subject to compliance with City Code standards and a Sign Permit is
required prior to installation of any new signs.
4. Building address numbers shall be installed and displayed in accordance with the
provisions in Section 2.78 of the City Code.
5. Existing site landscaping shall be evaluated in the summer, and any dead or diseased
plants shall be replaced in accordance with the City Code.
�l
Location Map
' m
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City of Eap Current Zoning and Land Use Map
Application: McDonald's (Oakview Center)
Type: PD Amendment
Case No.: 12- PA- 02 -02 -13
Zoning
PD Planned Development
Land Use Plan
RC Retail Commercial
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3 EXISTING CONDITIONS & DEMOLITION
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_ McDONALD'S USA, LLC. T1111111,11 AtF mAm MN o 9046 HOLIDAY LANE OAKbM nt IF war i a ffAmm w.'o'niuri`�wr `r* -
5 $ LAN DSCSAPE PLAN
D E S I G N j I! 12400 Portland Avenue South
i Suite 100, Portland Corporate Center
ING "Of`PG-.1 f: /TED SST. ivF'i%v�i3 Burnsville, MN 55337 -
h?-1^d4�Y
Date: March 6, 2013
Pam Dudziak
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
Re: McDonald's Planned Development Amendment— 3045 Holiday Lane
Dear Pam Dudziak:
The following is a response to your letter dated February 26, 2013:
L. Please see the enclosed sheet that outlines the Building Materials Percentages for the project
2. Please see the enclosed sheets that are 8'/2 x 11 black and whites for reproduction purposes
3. All parking and drive lanes on the current plan are existing and no modifications to the parking
geometries are proposed. Modifications to parking include the reconstruction of the accessible
stalls to meet current ADA grading requirements, and the deletion of four stalls to create the pith
to the public way on Holiday Lane. Existing striping reflects 19 deep stalls with 26' drive lanes
which meets the total bay depth required. No restriping is proposed as part of this application.
Stacking for 5 vehicles has been shown on the revi&A site plan.
4. The current drive thru configuration is not proposed to be modifiedwith this application. It
consists of a pick -up window, a pay window, and two menu boards, each with an ordering station.
Updated branding and a modification to the east island end is proposed to provide space for the
new branding components. Revised details on this configuration are included in the resubmittal.
5. Please see the enclosed sheets that are for the signage for the project.
6. The current site, as constructed in 2001, provides 70 stalls, including three parallel stalls on the
south curb line. The proposed plan provides 62 stalls which reflect a loss of eight stalls — four to
the addition of a pedestrian access to the public way, one to the reconfiguration of the accessible
stalls to meet current ADA requirements, and the three parallel stalls on the south curb line.
McDonald's believes the 62 provided stalls meets their demand for parking as demonstrated for
over 10 years of operations on this site, and through their experience nationally. If necessary, the
three parallel stalls could be added to the current plan to reduce the loss of stalls, but because this
facility was constructed under the requirements of the code h 2001, the applicant is unable to meet
the current code while providing the ADA accessibility required by law.
7. The current small landscaping could not be shown on this application as it was not accessible to
the survey crews during winter. There are no modifications proposed to the perimeter landscaping,
and proposed landscaping shown on the application contemplates new landscaping in disturbed
areas only.
Respectfully Submitted
Nikki Nelson
RECEIVED
NARRATIVE
0
BUILDING MATERIAL PERCENTAGES:
FRONT:
Total 804.47 SF
Class I 468.10 SF — 58.19%
Class 111 336.37 SF — 41.81%
DT SIDE:
Total 1967.82 SF
Class I 1582.44 SF — 80.42%
Class 111 385.38 SF — 19.58%
REAR:
Total 795.63 SF
Class I 668.18 SF — 83.98%
Class 111 127.45 SF — 16.02%
NON DT SIDE:
Total 1972.06 SF
Class I 1422.23 SF — 72.12%
Class 111 549.83 SF — 27.88%
BUILDING TOTALS:
Total 5539.98 SF
Class 1 4140.95 SF — 74.75%
Class III 1399.03 SF — 25.25%
`,A
Fru ON j
jr
RECEIVED MAR 0 6 2013
DESIGN
.12400 Portland Avenue South
Suite 100, Portland Corporate Center
1_C:C>rr_orz�rC. i__� 44�; a� Burnsville, MN 55337
Date: February 20, 2013
INTRODUCTION
On behalf of McDonald's USA, LLC ( "McDonald's "), Reprise Design, Inc, is pleased to submit this application for
Planned Development Amendment to allow a remodel cf the McDonald's restaurant at 3045 Holiday Lane. The
1.51 -acre site is owned by Archland Property, LLC, and is currently operated as a McDonalds Restaurant with drive
through operations.
SITE PLAN
As part of an existing Planned Development (PD) the site was developed in 2001 and is now slated for architectural
upgrades. Simultaneous to these architectural improvements, the owner will be making minimal improvements to the
parking lot to meet current ADA accessibility requirements. This will consist of the removal of the accessible stalls
and adjacent walk, reconstruction meeting minimum grades, and the reshaping of the adjacent drives to meet existing
grades. Additionally, the owner proposes to add additional walkways and a path to the public way b meet ADA
standards.
The site plan shows compliance with all setback, parking and landscape requirements. Modifications to meet ADA
requirements result in the loss of five (5) parking stalls, bringing the total provided stalls to 62— still in excess of the
36 required stalls required to meet the 1:3 seat requirement.
New directional signage and menu boards are proposed as shown on the plan, but all other existing signs will
remain. The new directional signs and building signage will comply with odinance requirements.
SUMMARY
We respectfully request approval of the proposed Planned Development Amendment to allow the renovation of the
existing McDonald's restaurant at 3045 Holiday Lane. We understand that these items will be scheduled for
Planning Commission review on March 26, 2013 and City Council action on April 2 and April 16, 2013,
Respectfully Submitted,
Nikki Nelson
91
Agenda Information Memo
April 2, 2013, Eagan City Council Meeting
C. INTERIM USE PERMIT — MAX STEININGER INC.
ACTIONS TO BE CONSIDERED:
To approve (or direct Findings of Fact for Denial) an Interim Use Permit (IUP) to allow a
contractor's storage yard located at 3089 Neil Armstrong Blvd, subject to the conditions listed in
the APC minutes.
To approve (or direct Findings of Fact for Denial) an Interim Use Permit (IUP) to allow a
concrete recycling processing and stockpiling facility located at 3089 Neil Armstrong, subject to
the conditions listed in the APC minutes.
REQUIRED VOTE FOR APPROVAL: At least three votes
FACTS:
➢ The 7.5 acre parcel is zoned Limited Industrial and located west of Neil Armstrong
Boulevard.
➢ Two IUP's were approved in 2010 for a term of three years to allow for the outdoor
storage and concrete recycling processing and stockpiling facility.
➢ There are no known complaints regarding either IUP.
➢ Conditions of approval were met.
➢ The property otherwise remains undeveloped.
The applicant proposes four year terms with no modifications to the site.
➢ The Advisory Planning Commission held a public hearing on March 26, 2013 and is
recommending approval.
ISSUES: None
60 -DAY AGENCY ACTION DEADLINE: Deadline expires April 21, 2013
ATTACHMENTS: (3)'
Location map, page 9
Draft March 26, 2013, APC minutes, pages 01& _ through C�9
Planning report, pages _L through AIB _
I
0
CLUBVIEWOR
Location Map
Tm
v, Po
E
Lexington;Park
Map Area Extent
Request: Interim Use Permit
Case No: 11-IN-01-02-13; 11-IN-02-02-13 Legend
Parcels
Aftk, Buildings
Parks
My of Eagan �Mlll-City Boundary N
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0
A
Request: Interim Use Permit
Case No: 11-IN-01-02-13; 11-IN-02-02-13 Legend
Parcels
Aftk, Buildings
Parks
My of Eagan �Mlll-City Boundary N
q9 .
0
A
North
P
OAKSTREET
P,VLE STREET
O
AL DRIN DRIV -
RTH�VOO P
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Feet
Project Name: Max Steininger Inc.
0 500 1,000
2,000
Request: Interim Use Permit
Case No: 11-IN-01-02-13; 11-IN-02-02-13 Legend
Parcels
Aftk, Buildings
Parks
My of Eagan �Mlll-City Boundary N
q9 .
Advisory Planning Commission
March 26, 2013
Page 5 of 10
C. Max Steininger Inc.
Applicant Name: Max Steininger Inc.
Location: Neil Armstrong Blvd; Lot 2, Block 1, Amoco 2nd Addition
Application: Interim Use Permit
An Interim Use Permit to allow concrete recycling.
File Number: 11- IN- 02 -02 -13
Application: Interim Use Permit
An Interim Use Permit to allow a contractor yard.
File Number: 11- IN- 01 -02 -13
Planner Thomas introduced this item and highlighted the ii
report dated March 19, 2013. She noted the background a
Mr. Steininger stated he was available for questions.
Chair Heaney opened the public hearing.
There being no public comment, Chair Heaney closed the =pi
discussion back to the Commission.
5
Member Vanderpoel asked at what poin the use be
interim and why wouldn't a Conditional UseP atbe appro
City Planner Ridley explained that the overa
Code. He went on to explaimthat the purpo:
used in a productive wa&htil thO"tnarket or
highest and best use,-,_df the property.
1'2
nted in the City Staff
ng and tur -vied the
d permanent rather than
for interim use is not defined in the City
interim use permit is allow a property to be
circumstances warrant development of the
Member Supina stated he will support -t application"- because there are no objections from
neighbors and ,hexuse is ari sting useI� ita ed the proposed use is a good one for at least
the next four years����
Mem r Piper moved Member Suptn "aseconded a motion to recommend approval of an
Inte im Use<Permit to alto No tdoor storage of contractor's equipment for a four year period
expiring on AOrily30, 2017, roperf" located at 3089 Neil Armstrong Blvd, subject to the
following conops:
1. The Interim Use e m�t-E(fUP) shall be recorded at Dakota County within 60 days of approval
by the City CouncQ01rtd proof of recording submitted to the City.
2. The permit shall taftinate upon the earlier of either cease of use or four years from the date
of City Council approval.
3. The IUP shall be subject to an annual administrative review. The purpose of such review
shall be to determine that the conditions of the permit are within compliance. The interim
use permit may be revoked for failure to comply with any condition of the permit following
notice of the noncompliance and a hearing by the City Council with all interested parties
being given an opportunity to be heard.
4. The location and items to be stored shall be consistent with the Site Plan received February
20, 2013.
Advisory Planning Commission
March 26, 2013
Page 6 of 10
5. The applicant shall be responsible for installing and maintaining erosion control measures in
accordance with City engineering standards. The development is also subject to the City's
codified land disturbance and erosion control regulations.
6. All parking and storage areas shall be properly maintained to prevent deterioration.
7. The existing recycled asphalt aggregate surface used for the storage /work areas will be
subject to continued periodic review by city staff for adequacy of the material to control dust
and drainage. If the material is determined to be inadequate, the City will require that it be
replaced with bituminous asphalt.
All voted in favor. Motion carried 6 -0.
Member Piper moved, Member Filipi seconded a motion to recort §j-'end approval of an Interim
Use Permit to allow a concrete recycling, processing and stocKiilgacility for a four year
period expiring on April 30, 2017, for property located at 3089_Neil ArsrOng Blvd, subject to
the following conditions:
1. The interim Use Permit (IUP) shall be recorded at= Dakota County within 60 days of approval
3.
4.
5.
6.
7.
8.
9.
10.
by the City Council, and proof of recording submitted to th(�C
The permit shall terminate upon the earlier neither cease of`'
of City Council approval. Y"
The IUP shall be subject to an annual administrative retie .
shall be to determine that the conditfo 4 s of the permit ai e jS
use permit may be revoked for failure
ly with any c
� 4
notice of the noncompliance and a hearing bathe City Counc
being given an opportunity to be heard
Site operations shall occur as identified o -the ite /Gti t • f
2013...,
Dust control proce $ tes shal[le utilized
ity.
or four year from the date
The purpose of such review
in compliance. The interim
on of the permit following
it
_,.Mall interested parties
n received February 20,
The hours of op .fir shall be4lmited to 7:Ota.m. — 7:00 p.m. Monday through Saturday.
The operation s ial Sb _" ti coml3[[ance with all apPljil, ble State and local regulations.
In the event that the p� nit iSA, mated or nod newed, all materials and equipment shall
be remov" rAfr4 he site within 90 cajrs of termination.
N o n in "tha aln;_e flowed orithe property."
plicant shall b..4
Vince with City
codifeland disturbani
11. All parki d storage
12. The existi cycled a
subject to coii ed p
and drainage. If a m,
replaced with bitumino
-spons 6�- for i stalling and maintaining erosion control measures in
E
eNi eerin dards. The development is also subject to the City's
nd erosion control regulations.
areas shall be properly maintained to prevent deterioration.
�phaIt aggregate surface used for the storage /work areas will be
iodic review by city staff for adequacy of the material to control dust
terial is determined to be inadequate, the City will require that it be
s asphalt.
Member Dugan stated he appreciated the discussion and also commended Mr. Steininger on
the operations at the site to date.
All voted in favor. Motion carried 6 -0.
('AOI
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: March 19, 2013
APPLICANT: Max Steininger, Inc
PROPERTY OWNER: Ashcroft Properties
REQUEST: Interim Use Permit
LOCATION: 3089 Neil Armstrong Blvd
CASE: 11- IN- 01- 02 -13; 11- IN- 02 -02 -13
HEARING DATE: March 26, 2013
APPLICATION DATE: Feb. 20, 2013
PREPARED BY: Sarah Thomas
COMPREHENSIVE PLAN: IND, Limited Industrial
ZONING: I -1, Limited Industrial
SUMMARY OF REQUESTS
The applicant is requesting an Interim Use Permit to allow outdoor storage of contractor's
equipment for a four year period at 3089 Neil Armstrong Blvd, legally described as Lot 2, Block
1, Amoco 2nd Addition.
The applicant is requesting an Interim Use Permit for a four year period to allow a concrete
recycling processing and stockpiling facility located at 3089 Neil Armstrong Blvd, legally
described as Lot 2, Block 1, Amoco 2nd Addition.
AUTHORITY FOR REVIEW
City Code Chapter 11, Section 11.50 Subdivision 6C states: The Council may issue interim use
permits for an interim use of property if:
1. The use is deemed to be temporary in light of the Comprehensive Guide Plan designation
for the property site on which the use is located and the use conforms to the bulk and
performance standards of the zoning regulations herein;
2. The date or event that will terminate the use can be identified with certainty;
3. Permission of the use will not impose additional costs on the public if it is necessary for
the public to take the property in the future; and
4. The user agrees to any conditions that the Council deems appropriate for permission of
the use; and
ii
Planning Report — Max Steininger, Inc
March 26, 2013
Page 2
5. The use meets the standards set forth in the zoning regulations herein governing
conditional use pen-nits.
6. The city determines that the property is in compliance with City Code.
City Code Chapter 11, Section 11.40, Subdivisions 4C and 4D provide the following.
Subdivision 4C states that the Planning Commission shall recommend a conditional use pen-nit
and the Council shall issue such conditional use permits only if it finds that such use at the
proposed location:
1. Will not be detrimental to or endanger the public health, safety, or general welfare of the
neighborhood or the City.
2. Will be harmonious with the general and applicable specific objectives of the
Comprehensive Plan and City Code provisions.
3. Will be designed, constructed, operated and maintained so as to be compatible in
appearance with the existing or intended character of the general vicinity and will not
change the essential character of that area, nor substantially diminish or impair property
values within the neighborhood.
4. Will be served adequately by essential public facilities and services, including streets,
police and fire protection, drainage structures, refuse disposal, water and sewer systems
and schools.
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 41), Conditions, states that in reviewing applications of conditional use pennits, 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.
l0k
Planning Report — Max Steininger, Inc
March 26, 2013
Page 3
BACKGROUND /HISTORY
The applicant received approval of a three year Interim Use Permit (IUP) for a concrete
recycling, processing and stockpiling facility for this property on March 2, 2010. The applicant
also received approval of a three year IUP to allow outdoor storage on May 4, 2010.
EXISTING CONDITIONS
The 7.5 acre parcel was platted in 1999. The property is currently vacant of buildings; however,
the owner has utilized the site to store heavy equipment associated with it's contractor's yard
during the winter months when the equipment is not on a jobsite. The equipment is currently
located on dirt and crushed asphalt, along the western edge of the property.
Outdoor storage is not allowed as a principal use on a property; however, outdoor storage is
allowed, via a Planned Development, on the owner's property at 3070 Lexington Avenue,
located west and adjacent to the subject property.
There are no known complaints regarding the outdoor storage or concrete recycling facility.
SURROUNDING USES
The subject site is surrounded by industrial uses, zoned and guided for industrial, other than the
property to the west. The property to the west is zoned Planned Development (PD), owned by
the applicant and contains a single family residence and contractor's yard.
EVALUATION OF REQUEST
Compatibility with Surrounding Area — The surrounding area consists of industrial development
designated for industrial use. The proposed use appears compatible with the area.
Airport Noise Considerations — The property is located within the 60 decibel noise contour.
Industrial uses are a compatible use within this zone.
Contractor's Storage Yard
Site Plan — The outdoor storage is proposed to be located in the northwest corner of the site,
on approximately 1.25 acres of the 7.5 acre site. The applicant's narrative states the access is
from Neil Armstrong Blvd via the existing entrance. The access is gated and paved with
crushed bituminous. The outdoor storage area is surfaced with crushed bituminous as well,
rather than asphalt pavement to avoid damage from the heavy equipment. The site will
require no changes from its current condition.
l ()CJ
Planning Report — Max Steininger, Inc
March 26, 2013
Page 4
The materials proposed to be stored include heavy equipment, steel beams, steel plates, sewer
pipe, related materials and dirt. Specifically;
• Heavy equipment (up to 30 pieces)
o Dozers
• Loaders
• Excavators
• Haul Trucks
• Motor graders
• Wheel loaders
• Steel beams and plates (up to 100 pieces)
• Sewer and water pipe (up to 100 pieces)
• Small equipment (up to 10 pieces)
• Jersey Barriers (up to 50 pieces)
Outdoor Storage — The ordinance standards for outside storage are outlined below.
1. Outdoor storage items shall be placed within an enclosure as necessary to achieve
appropriate security and containment or for public safety reasons when determined
necessary by the city.
An enclosure is not proposed. The enclosure requirement is intended to provide security
and containment. With screening provided by a berm, and a gated access, an enclosure
was deemed unnecessary with the 2010 approval.
2. The storage area shall be located in the side or rear yards and shall not encroach into
any required front building setback area or other required setbacks.
All setbacks appear to be met.
3. The outdoor storage area shall be screened from view from the public right -of -way and
from any adjacent property which is designated for residential uses in the comprehensive
guide plan.
Due to topography and benning, the storage area is not visible to any public right -of -way.
The adjacent area to the west, under the same ownership, is zoned Planned Development
and guided for Limited Industrial; other adjacent properties are zoned I -1, guided I -1, and
developed with industrial uses. The Planned Development for the adjacent property
allows an existing single family residence with a "sunset" agreement, in that once Mr.
and /or Mrs. Steininger no longer occupy the home, the existing house should be
removed; otherwise, there are no residential properties in the area.
i ��
Planning Report — Max Steininger, Inc
March 26, 2013
Paize 5
No additional landscaping is proposed to provide additional screening. A condition of
the 2010 approval required a berm to the north, east and west property lines to screen the
proposed use from public right -of -way. The site consists of existing trees that also
provide additional screening. Similar to the enclosure requirement, no additional
landscaping was required with the 2010 approval.
4. The storage area shall not interfere with any pedestrian or vehicular movement.
The proposed Site Plan indicates that the storage will not interfere with any pedestrian or
vehicular movement.
5. The storage area shall not take up required parking spaces or landscaping areas.
The proposed Site Plan indicates that the storage will not interfere with required parking
spaces or landscaping areas.
6 The storage area shall be surfaced with concrete or an approved equivalent to control
dust and erosion. The surface shall be properly maintained to prevent deterioration.
The outdoor storage area is surfaced with crushed bituminous rather than asphalt
pavement to avoid damage from the heavy equipment.
Concrete Recycling Facility
Site Plan — The Site Plan identifies a circulation drive with storage areas for rubble, finished
project, sand and topsoil. The applicant's narrative states the entrance is paved to prevent
sediment from being carried onto Neil Armstrong Blvd. Dust is controlled by watering and
sweeping. The existing impervious surface on the west side of the property was re-
constructed with bituminous millings in 2010.
Landscaping — A berm was constructed along the north, east and west property lines to
screen the proposed use from public right -of -way. The site consists of existing trees that also
provide additional screening. No additional landscaping is proposed.
Grading — The existing site generally slopes toward the east side of the site.
On May 4, 2010, the City Council approved a 3 year IUP to allow outdoor storage on the site.
That approval included the installation of a recycled asphalt aggregate gravel surface for the
storage /work areas. Because the use was interim, the applicant did not propose to construct the
perimeter of the outdoor stage areas with concrete curb and gutter. City code requires that all
off - street parking and storage areas be surfaced with a material to control dust and drainage and
that the surface shall be properly maintained to prevent deterioration. Bituminous asphalt is the
most widely used surfacing material to accomplish this requirement and is required for off - street
parking areas.
� 0�
Planning Report — Max Steininger, Inc
March 26, 2013
Paae 6
There are a number of outdoor storage lots within the City that have been allowed to use
recycled bituminous aggregate surfacing for outside storage /work areas, generally under
Conditional Use Permits. Those permits that have allowed recycled asphalt aggregate have
included a condition for a periodic staff review of the condition of the surfacing to determine its
adequacy for dust and drainage control. If recycled bituminous aggregate is used, such periodic
review should be a condition of approval. If, upon review, the recycled bituminous aggregate
surface is determined to be inadequate, the City will require the storage /work areas to be
resurfaced with bituminous asphalt.
The applicant installed the recycled asphalt aggregate surface for their storage /work areas along
with their 2010 approval and no new site modifications are proposed with their current proposal.
Storm Drainage — Storm water runoff from the site will drain overland toward Pond EP -6 in the
northeast corner of the site, which drains to existing storm sewer within Neil Armstrong
Boulevard.
Utilities — City sanitary sewer and water main systems are available within Neil Armstrong
Boulevard to the east. However, no connections to the systems are proposed with this
application.
Access — Access to the site is available from Neil Armstrong Boulevard, a commercial/ industrial
street along the east edge of the site.
SUMMARY /CONCLUSION
The applicant is requesting approval of an Interim Use Permit (IUP) for the outdoor storage of
contractor's equipment for a term of four years. The applicant received approval of a three year
IUP on May 4, 2010. There are no changes proposed from the current configuration. The
property is located within an industrial zone where outdoor storage is common.
The proposed storage satisfies four of the six outdoor storage criteria. Two outdoor storage
standards are not met; 1) an enclosure is not provided, and 2) additional screening is not
provided. An enclosure and additional screening were determined to be unnecessary with the
2010 approval of this interim use.
The applicant is also requesting approval of an Interim Use Permit (IUP) to operate a concrete
recycling and stockpiling facility for a four year term. The applicant received approval of a three
year IUP on March 2, 2010. There are no changes proposed from the current operation. The
property is zoned limited industrial and the use appears compatible with the area.
There have been no known complaints filed with the City regarding the outdoor storage or
concrete recycling facility.
1O5
Planning Report — Max Steininger, Inc
March 26, 2013
Page 7
ACTIONS TO BE CONSIDERED
To recommend approval of an Interim Use Permit to allow outdoor storage of contractor's
equipment for a four year period expiring on April 30, 2017, for property located at 3089 Neil
Armstrong Blvd, subject to the conditions listed below:
1. The Interim Use Permit (IUP) shall be recorded at Dakota County within 60 days of approval
by the City Council, and proof of recording submitted to the City.
2. The permit shall terminate upon the earlier of either cease of use or four years from the date
of City Council approval.
The IUP shall be subject to an annual administrative review. The purpose of such review
shall be to determine that the conditions of the permit are within compliance. The interim
use permit may be revoked for failure to comply with any condition of the permit following
notice of the noncompliance and a hearing by the City Council with all interested parties
being given an opportunity to be heard.
4. The location and items to be stored shall be consistent with the Site Plan received February
20, 2013.
5. The applicant shall be responsible for installing and maintaining erosion control measures in
accordance with City engineering standards. The development is also subject to the City's
codified land disturbance and erosion control regulations.
6. All parking and storage areas shall be properly maintained to prevent deterioration.
7. The existing recycled asphalt aggregate surface used for the storage /work areas will be
subject to continued periodic review by city staff for adequacy of the material to control dust
and drainage. If the material is determined to be inadequate, the City will require that it be
replaced with bituminous asphalt.
To recommend approval of an Interim Use Permit to allow a concrete recycling, processing and
stockpiling facility for a four year period expiring on April 30, 2017, for property located at 3089
Neil Armstrong Blvd; subject to the conditions listed below:
The Interim Use Permit (IUP) shall be recorded at Dakota County within 60 days of approval
by the City Council, and proof of recording submitted to the City.
2. The permit shall terminate upon the earlier of either cease of use or four years from the date
of City Council approval.
NO.
Planning Report — Max Steininger, Inc
March 26, 2013
Page 8
3. The IUP shall be subject to an annual administrative review. The purpose of such review
shall be to determine that the conditions of the permit are within compliance. The interim
use permit may be revoked for failure to comply with any condition of the permit following
notice of the noncompliance and a hearing by the City Council with all interested parties
being given an opportunity to be heard.
4. Site operations shall occur as identified on the Site /Grading Plan received February 20, 2013,
5. Dust control procedures shall be utilized.
6. The hours of operation shall be limited to 7:00 a.m. — 7:00 p.m. Monday through Saturday.
7. The operation shall be in compliance with all applicable State and local regulations.
8. In the event that the permit is terminated or not renewed, all materials and equipment shall be
removed from the site within 90 days of termination.
9. No mining shall be allowed on the property.
10. The applicant shall be responsible for installing and maintaining erosion control measures in
accordance with City engineering standards. The development is also subject to the City's
codified land disturbance and erosion control regulations.
11. All parking and storage areas shall be properly maintained to prevent deterioration.
12. The existing recycled asphalt aggregate surface used for the storage /work areas will be
subject to continued periodic review by city staff for adequacy of the material to control dust
and drainage. If the material is determined to be inadequate, the City will require that it be
replaced with bituminous asphalt.
101
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E X C A V A T I O N D E M O L I T I O N S H O R I N G
February 13, 2013
Ms. Sarah Thomas
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
Re: Request for Interim Use Permit
Max Steininger, Inc. is requesting an interim use permit to allow a temporary
contractor storage yard on approximately 1.25 acres of a 7.5 acre site located on
the southwest corner of the intersection of Neil Armstrong Boulevard and Apollo
Road.
The applicant has operated an excavation company on the adjacent parcel to the
west since 1968. The property is currently approved as a contractor storage yard
under a PUD issued by the City in 2006. Family members of the applicant own
both parcels. In 2010 the applicant requested a 3 year interim use to allow
contractor storage which was approved by City Council on May 4, 2010. This IUP
expires on May 4, 2013.
The property PID is 10- 11475- 020 -01. The legal description is lot 2, Block 1,
Amoco 2nd Addition.
The site is currently guided limited industrial use and zoned light industrial. No
changes in zoning or comprehensive guide plan are being requested.
The applicant wishes to obtain City permission for an approximately 54,000 square
foot storage area (see attached plan). The storage would be located in the NE
corner of the property. It would be screened by existing berms to the East, North,
and West. Access is from Neil Armstrong Blvd via the existing entrance. The
access is gated and paved with crushed bituminous.
The storage area is surfaced with crushed bituminous rather than asphalt
pavement to avoid damage from heavy tracked equipment. The site will require no
changes from its current condition.
Materials to be stored
1. Heavy equipment (up to 30 pieces)
3070 SOUTH LEXINGTON AVENUE EAGAN, MINNESOTA 55121
Qk . )
RECEIVED xEB 8 2013,
PHONE 651 454 6620 FAX 651 454 6716
Page 2of3
a. Dozers
b. Loaders
c. Excavators
d. Haul Trucks
e. Motor graders
f. Wheel loaders
2. Steel beams & plates (up to 100 pieces)
3. Sewer and water pipe (up to 100 pieces)
4. Small equipment (up to 10 pieces)
5. Jersey Barriers (up to 50 pieces)
Surrounding uses are industrial in nature. Below is a list of buildings and their
uses within 660 feet of the subject parcel:
1. South
a.
1027 Gemini Road — mechanical contractor
b.
3130 Lexington Ave S — 3M manufacturing
c.
3109 Neil Armstrong Blvd — Office warehouse
d.
1027 Gemini Road — Mechanical contractor
e.
1045 Gemini Road — Office warehouse
2. East
1030 Lone Oak Road — Office warehouse
a.
1000 Apollo Road — Office warehouse
b.
980 Lone Oak Road — Office warehouse
3. North
a.
3079 Neil Armstrong Blvd — Fleet fueling facility
b.
3030 Lexington Ave — Office warehouse
c.
1030 Lone Oak Road — Office warehouse
d.
1060 Lone Oak Road — Office warehouse
4. West
a. 3070 Lexington Ave — Max Steininger house
b. 3080 Lexington Ave — Max Steininger, Inc. shop and office
The buildings to the south are office /warehouse as are the buildings to the east
and north. There is also a commercial truck fueling facility immediately north of the
site. To the west is the applicant's contractor yard and the home of Max
Steininger.
We are requesting a 4 year term for this permit.
In summary, we believe that this use is appropriate to the site based on the
surrounding industrial uses. An interim use is appropriate since this storage yard
would function as a subsidiary use to the applicant's adjacent contracting business
k\4 'RECEIVED FE-B 2, 0 2013,1
Page 3 of 3
even though they are technically 2 separate parcels. The storage will be well
screened from public view and will not impact any adjacent properties.
We respectfully ask for the City's approval.
Sincerely,
v St e
MAX STEININGER, INC.
3080 Lexington Ave S
Eagan, MN 55121
Office: 651 - 454 -6620
Cell: 612- 986 -9564
greq _maxsteininger.net
k1F-S
ECEIVE�O FEB 2 0 201
NAHHA
E X C A V A T I O N
February 13, 2013
Ms. Sarah Thomas
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
IVE CONCRETE RECYCLING
• • o
D E M O L I T I O N
Re: Request for Interim Use Permit - Concrete Recycling
S H O R I N G
RECEIVED MAR 1:12M
Max Steininger, Inc. is requesting an interim use permit allowing concrete
recycling on approximately 7.6 acres located on the southwest corner of the
intersection of Neil Armstrong Boulevard and Apollo Road. The original permit
was issued by the City Council on March 2, 2010 and expires on March 2, 2013.
The property PID is 10- 11475 - 020 -01. The legal description is lot 2, Block 1,
Amoco 2nd Addition.
The site is currently guided limited industrial use and zoned light industrial. No
changes in zoning or comprehensive guide plan are being requested.
The applicant has established a concrete recycling facility that accepts waste
concrete and asphalt from its own operations and local construction projects. The
waste materials are recycled into a useable gravel base material. This operation is
similiar to a facility operated at Yankee Doodle & Hwy 149
Access to the site will be via Neil Armstrong Blvd. The entrance to the street will
be paved to prevent any soil tracking into the public roadway. Dust will be
controlled by watering and sweeping.
Hours of operation shall be from 7:00 am to 7:00 pm Monday to Saturday.
During the initial 3 years of operation the yard has received about 35,000 tons of
rubble and sold 12,800 tons of recycled aggregate. This amount is less than our
initial predictions due to the continuing slow recovering in construction volume.
Surrounding uses are generally industrial in nature. Below is a list of buildings and
their uses within 660 feet of the subject parcel:
1. South
3070 SOUTH LEXINGTON AVENUE EAGAN, MINNE 1S(O�TA 55121 PHONE 651 454 6620 FAX 651 454 6716
�
Page 2 of 3
a. 1027 Gemini Road — mechanical contractor
b. 3130 Lexington Ave S —3M manufacturing
c. 3109 Neil Armstrong Blvd — Office warehouse
d. 1027 Gemini Road — Mechanical contractor
e. 1045 Gemini Road — Office warehouse
2. East
a. 1000 Apollo Road — Office warehouse
b. 980 Lone Oak Road — Office warehouse
3. North
a. 3079 Neil Armstrong Blvd — Fleet fueling facility
b. 3030 Lexington Ave — Office warehouse
c. 1030 Lone Oak Road — Office warehouse
d. 1060 Lone Oak Road — Office warehouse
4. West
a. 3070 Lexington Ave — Max Steininger house
b. 3080 Lexington Ave — Max Steininger, Inc. shop and office
The buildings to the south are office /warehouse as are the buildings to the east
and north. There is also a commercial truck fueling facility immediately north of the
site. To the west is the applicant's contractor yard and the home of Max
Steininger.
We have provided berming to the north, east and west to screen the view of the
operation from the neighbors and the general public. There are existing trees to
the south and north that provide additional screening.
We are requesting a 4 year extension of this permit to continue operations. We
believe this is appropriate since the yard has run without disturbing area residents
or businesses.
We believe the City benefits in that this facility provides a source of high quality
aggregate for City projects that will be low in cost due to their low transportation
costs. It also provides an alternative to landfill disposal for concrete and asphalt
generated within the City. Materials produced at our yard have been used locally
at the Gopher Resource expansion, the Eagan Family Townhome project, and the
Murphy Freight warehouse expansion.
In summary, we believe that this use is appropriate to the site based on the
surrounding industrial uses, the screening that is provided, and the City's 18 years
of past experience with our operation on Yankee Doodle Road and our 3 years of
operation at this location.
W9
Page 3 of 3
We respectfully ask for the City's approval.
Sincerely,
(� re,W Stie i,n�
MAX STEININGER, INC.
3080 Lexington Ave S
Eagan, MN 55121
Office: 651 - 454 -6620
Cell: 612 - 986 -9564
gregC@,maxsteininger.net
1�b
Agenda Information Memo
April 2, 2013, Eagan City Council Meeting
D. CONDITIONAL USE PERMIT — DAVIS EQUIPMENT
ACTION TO BE CONSIDERED:
To approve (or direct Findings of Fact for Denial) a Conditional Use Permit (CUP) to allow outside
storage of golf, turf and fertilizer equipment for property located at 1710 Alexander Road, subject to
the conditions listed in the APC minutes.
REQUIRED VOTE FOR APPROVAL: Majority of Quorum
FACTS:
➢ The applicant is proposing the outdoor storage of up to 85 pieces of equipment.
The parcel is zoned Limited Industrial (I -1) and surrounded by I -1 properties; residential uses
exist east of Highway 13.
➢ A 15,500 SF building was constructed in 1986. Outdoor storage has historically been located
on the site.
Wenzel Plumbing most recently operated under the 2001 CUP but did not make the required
improvements; ultimately they removed the outdoor storage.
➢ The proposed outdoor storage occurs in the rear yard and appears to meet the outdoor storage
requirements save for the proposed surface materials.
➢ The applicant is proposing to construct and maintain a new storage area with a milled
bituminous surface and a bituminous curb.
➢ The applicant will remove landscaping near the NE fire hydrant to provide access per the Fire
Department request.
➢ The Advisory Planning Commission (APC) held a public hearing on March 26, 2013 and is
recommending approval.
ISSUES:
➢ City Code requires that all off - street parking and storage areas be surfaced with a material to
control dust and drainage. The applicant is proposing a recycled bituminous surface similar
to a number of outdoor storage lots within the City.
➢ Similar to other outdoor storage CUP's, staff has added a condition of staff review of the
maintenance and adequacy for dust and damage control.
➢ The applicant requested to eliminate the proposed landscaping and associated irrigation
around the outdoor storage area. The APC discussed the site and purpose for the screening
and did not support waiving the requirement.
60 -DAY AGENCY ACTION DEADLINE: Deadline expires April 20, 2013
ATTACHMENTS: (3)
Location map, page 1 9,O
Draft March 26, 2013, APC minutes, pages �: r _ through _
Planning report, pages _[03 through Iii
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Advisory Planning Commission
March 26, 2013
Page 7 of 10
D. Davis Equipment Corporation
Applicant Name: Davis Equipment
Location: 1710 Alexander Rd; Lot 1, Block 1, Sibley Terminal Industrial Park
Application: Conditional Use Permit
A Conditional Use Permit to allow outdoor storage
File Number: 09- CU- 01 -02 -13
Planner Thomas introduced this item and highlighted the information Presented in the City Staff
report dated March 21, 2013. She noted the background and histor_yti -
There was discussion on determination of options for conditions7, S; and 14
Denny Hansa, MSA, stated they spoke with the Fire WON
three trees to provide proper fire hydrant access He; stag
for screening because anything planted in the ara=[Fque
the topography changes from Hwy. 13 right -of -way. NW, I
open with lighting. He explained that if screening is in pa
industrial area with screening. They would also like to wa
the existing landscaping on site has an iff gton system.
Chair Heaney opened the public hearing.
There being no public com
discussion back to the Cap'
Member Piper as
City Planner Ridley highlig'hl
reminded t �of recent
subject si id ey also acl,
they wtllsoften the view arad
Planner Thar as stated the
however, the police have
stated that landscaping is i
outdoor storage areas, #rom
the area that over thee.
public right -of -way
are
Chair Hean
nd discusse'dFf erremoval of
:y would like to as }for waiver
Will not provide I ; ng due to
�k.
ag,�n police wou d like to see it
ey will be the only building in the
e irrigation requirement because
s and screeriiha in this area.
ng and turned the
I� �to r{h that showed many trees in the area and
Is req trig. screening be added on the site just north of the
ed that the trees will not likely provide full screening but
1,,,,tlh py will grow.
a fine = line between security screening and obstructing the view;
d that lighting is the number one deterrent for crime. She also
'ded to soften or improve the view, not solely to screen the
is rights of way. Ms. Thomas referenced numerous properties in
years have had to provide screening of their storage areas from
Member Filipi asked if the open area between the subject site and Highway 13 shown on the
aerial was MnDOT right of way. City Engineer Gorder stated that it is highway right of way.
Member Piper moved, Member Filipi seconded a motion to recommend approval of a
Conditional Use Permit (CUP) to allow outside storage of golf, turf and fertilizer equipment,
located at 1710 Alexander Road, legally described as Lot 1, Block 1, Sibley Terminal Industrial
Park, subject to the following conditions as amended:
I A \1
Advisory Planning Commission
March 26, 2013
Page 8 of 10
1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval
by the City Council.
2. This Conditional Use Permit shall replace the existing and all former Conditional Use
Permits for the property, most recently approved on November 8, 2001..
3. All trash shall be stored in receptacles and be kept either inside the building or within an
enclosure constructed according to City Code standards. A revised Site Plan shall show the
trash enclosure if one is to be constructed.
4. The Landscape Plan shall be revised so that coniferous trees are a minimum of six feet in
height at time of planting.
5. All landscaped areas shall be irrigated.
6. The applicant shall obtain a Grading Permit from the City prior£ Wthe construction of the
proposed outdoor storage and parking areas. Detailed plan- this grading work must be
prepared and signed by a registered professional engineer
7. Recycled asphalt aggregate shall be used for the portiotsof the Qutdoor storage areas. If
Er
recycled bituminous aggregate is used for the outdoo to age areas;fhe site will be subject
to periodic review by city staff for adequacy of the t rial to con and drainage.
The first review will occur two years following Approval of this permit z if the material is
determined to be inadequate, the City will re q bimhat it be replaced with bit T 1 f_ o s asphalt
and subsequent review will occur every two rears f reaftef. . F rt
8. The perimeter of the proposed outdoor storage area�k- be constructed with bituminous
curb and gutter. If bituminous curb and gutter is used fiQr the perimeter of the storage area,
the site will be subject to periodro review by city sf — or adequacy of drainage and
containment purposes. The first reretru will occur two yrs following approval of this
permit. If the material is determined Yo:�be Enadequate, tf e C fy will require that it be
replaced with concrete curb and gutter - nd subi q qnt revie jwill occur every two years
thereafter.
,'
9. All storage areas shall be� roperly mamtainetto preventxfe erioration.
10. Prior to receiving , of 151 it; -the applica } 's proposal shall meet all City stormwater
requirements (including Runo ; 4 s ate Control P/TSS Control and 1/2" Volume Control).
11. Prior to receivingf'a grading p it the applica 'hall provide the City with soil- boring logs
(minimum of 2 sampies ex - d g 10' min Now bottom of over - excavation) within the
location of ,,t roposedF ater mahage�ient feature, to evaluate and ensure suitability
for infiltrat�o
rmit,
g` the applicant shall enter into a long -term stormwater
12. Priorlo receivin ._ al $ din
f�l y monitoring an( amtenari W''g eem ent, in a form acceptable to the City Attorney.
13. All g shall have locbxes ins ed with keys to allow emergency vehicle access
14. The la taping shall be removed and the hydrant large discharge rotated to face
Alexande Road and pens obtained, if any.
15, Illumination s%a i_, ct and diffused or shielded. Lighting shall not be directed upon
public rights o��' or adjacent properties and the source of light shall not be visible from off
i
the property.
Member Piper suggested modifying the wording on condition regarding trash receptacles.
Member Filipi stated he could not support removal of the trees as it is likely that with the amount
of right of way available, MnDOT will at some point expand Highway 13 to a four lane highway
which would bring the road surface significantly closer to the subject site.
All voted in favor. Motion carried 6 -0.
ia.,,%
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: March 21, 2013 CASE: 09- CU- 01 -02 -13
APPLICANT: Davis Equipment HEARING DATE: March 26, 2013
PROPERTY OWNER: Costus Properties LLC APPLICATION DATE: Feb. 19, 2013
REQUEST: Conditional Use Permit
LOCATION: 1710 Alexander Road
PREPARED BY: Sarah Thomas
COMPREHENSIVE PLAN: IND, Limited Industrial
ZONING: 1- 1, Limited Industrial
SUMMARY OF REQUEST
The applicant is requesting approval of a Conditional Use Permit (CUP) to allow outside
storage of golf, turf and fertilizer equipment, located at 1710 Alexander Road, legally described
as Lot 1, Block 1, Sibley Terminal Industrial Park.
AUTHORITY FOR REVIEW
City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following.
Subdivision 4C states that the Planning Commission shall recommend a conditional use permit
and the Council shall issue such conditional use permits only if it finds that such use at the
proposed location:
1. Will not be detrimental to or endanger the public health, safety, or general welfare of the
neighborhood or the City.
2. Will be harmonious with the general and applicable specific objectives of the
Comprehensive Plan and City Code provisions.
3. Will be designed, constructed, operated and maintained so as to be compatible in
appearance with the existing or intended character of the general vicinity and will not
change the essential character of that area, nor substantially diminish or impair property
values within the neighborhood.
3
Planning Report — Davis Equipment CUP
March 26, 2013
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.
BACKGROUNDMISTORY
A Conditional Use Permit (CUP) was issued to Schuster Equipment Co. for this property in 1991
for sales and service of heavy equipment (i.e., street sweepers and snow plows). When Lull
International acquired the property, Lull continued to use the property for outside storage. A
CUP was issued in 2001 allowing outdoor storage for Keys Well Drilling; however, Keys Well
Drilling ultimately did not purchase the property. Wenzel Plumbing acquired the property
instead and operated under the 2001 CUP but without making a number of the required
improvements. Wenzel ultimately removed the items from the storage area and did not make the
improvements.
EXISTING CONDITIONS
The site contains an existing 15,500 square foot building on the north end of the site. The
southern portion of the site has served as outside storage in the past and has a Class 5 surface.
The north end of the site is landscaped around the existing building and parking area. The
proposed storage area is currently comprised of a combination of grass and gravel and generally
slopes toward the north and west.
G
Planning Report — Davis Equipment CUP
March 26, 2013
Page 3
SURROUNDING USES
The following existing uses, zoning, and comprehensive guide plan designations surround the
subject property:
EVALUATION OF REQUEST
Compatibility with Surrounding Area — The surrounding area west of Hwy. 13 is largely
industrial uses. Across Hwy. 13 to the east are residential homes and the proposed CDA
townhome development.
Proposal — The applicant is relocating to this site and has a need for outside storage of
agricultural fertilizer equipment and golf and turf mowing equipment. The applicant is
requesting a Conditional Use Permit for outside storage on this site. If approved, this CUP
would replace and supercede the 2001 CUP.
Site Plan — The applicant proposes outside storage on the south and central portions of the
property. The Site Plan is not specific as to which equipment will be located in what areas of the
storage yard; however, the narrative states, "We would have approximately 85 pieces stored on
the lot. The ag equipment would consist of 15 spreaders, 12 tenders, 6 loaders, 3 toolbars, 1
Miller chassis, 1 Timpete trailer and 5 used pieces of equipment. The turf equipment would
consist of 36 pieces. of mowing and ground care equipment." The narrative further describes,
"the turf equipment would be mainly stored on the lot south of the shop doors .... the exact
location of the equipment would be worked on and modified as we to go maximize the lot and to
give it the best look from the outside."
Trash storage areas also are not shown. Trash receptacles should be kept either inside the
building or within an enclosure constructed according to City Code standards.
The Fire Department has reviewed the Site Plan and has noted difficulty in accessing the fire
hydrant on the NE side of the building. The Fire Department recommends the landscaping be
cleared in the area or the fire hydrant be relocated to provide easier access.
I;D,
Existing Use
Zoning
Land Use
Designation
North
Manufacturing
I -1, Limited Industrial
IND, Limited
Industrial
South
Manufacturing
I -1, Limited Industrial
IND, Limited
Industrial
East
CDA Riverview
PD, Planned
MD, Medium Density
Ridge Twinhomes
Development
Residential
West
Warehouse
I4, Limited Industrial
IND, Limited
Industrial
EVALUATION OF REQUEST
Compatibility with Surrounding Area — The surrounding area west of Hwy. 13 is largely
industrial uses. Across Hwy. 13 to the east are residential homes and the proposed CDA
townhome development.
Proposal — The applicant is relocating to this site and has a need for outside storage of
agricultural fertilizer equipment and golf and turf mowing equipment. The applicant is
requesting a Conditional Use Permit for outside storage on this site. If approved, this CUP
would replace and supercede the 2001 CUP.
Site Plan — The applicant proposes outside storage on the south and central portions of the
property. The Site Plan is not specific as to which equipment will be located in what areas of the
storage yard; however, the narrative states, "We would have approximately 85 pieces stored on
the lot. The ag equipment would consist of 15 spreaders, 12 tenders, 6 loaders, 3 toolbars, 1
Miller chassis, 1 Timpete trailer and 5 used pieces of equipment. The turf equipment would
consist of 36 pieces. of mowing and ground care equipment." The narrative further describes,
"the turf equipment would be mainly stored on the lot south of the shop doors .... the exact
location of the equipment would be worked on and modified as we to go maximize the lot and to
give it the best look from the outside."
Trash storage areas also are not shown. Trash receptacles should be kept either inside the
building or within an enclosure constructed according to City Code standards.
The Fire Department has reviewed the Site Plan and has noted difficulty in accessing the fire
hydrant on the NE side of the building. The Fire Department recommends the landscaping be
cleared in the area or the fire hydrant be relocated to provide easier access.
I;D,
Planning Report — Davis Equipment CUP
March 26, 2013
Pap-e 4
Outdoor Storage Requirements —
1. Outdoor storage items shall be placed within an enclosure as necessary to achieve
appropriate security and containment or for public safety reasons when determined
necessary by the city. In general business (GB) and community shopping center (CSC)
zoning districts, the enclosure shall be attached to the principal building and be
constructed of materials which are aesthetically compatible with the principal building.
In limited industrial (I -1) and general industrial (I -2) zoning districts, the enclosure may
be detached from the principal building.
A six foot chain link fence is proposed along the perimeter of the storage yard with a gate
to provide security to the eastern driveway. A lockbox will be required at the gate to
provide emergency access as required by the Fire Department. This is included as a
condition of approval.
2. The storage areas shall be located in the side or rear yards and shall not encroach into
any required front building setback area or other required setbacks.
This site has public street frontage on three sides. A portion of the storage area will be
located behind the building, with the building serving as the screen to Alexander Road.
The proposed storage area exceeds the 40 -foot minimum front building setback along
Terminal Drive and meets the 50 -foot minimum front building setback along Hwy. 13.
3. The outdoor storage area shall be screened from view from the public right -of -way and
from any adjacent property which is designated for residential uses in the comprehensive
guide plan.
The topography in this part of the City is such that the land slopes downward from east to
west toward the river valley. This site is about ten feet below the elevation of Hwy. 13,
making screening of the site from the east difficult. Views westward from Hwy. 13 and
from properties across Hwy. 13 overlook the property.
The applicant proposes landscaping with five foot evergreen trees (Colorado Blue
Spruce, Norway Spruce and Concolor Fir) along the south/east boundary of the property
to provide screening from the east. City Code requires coniferous trees to be a minimum
of six feet in height at time of planting. Also, all landscaped areas should be irrigated.
These are included as conditions of approval.
4. The storage area shall not interfere with any pedestrian or vehicular movement.
The proposed storage area should not adversely affect pedestrian or vehicular movement.
The parking area and main building entrance are separate from the proposed outside
storage areas.
t a(P
Planning Report — Davis Equipment CUP
March 26, 2013
Pap-e 5
5. The storage area shall not take up required parking spaces or landscaping areas.
The parking lot is separate from the proposed outside storage areas and required yard
setbacks are satisfied.
6. The storage area shall be surfaced with concrete or an approved equivalent to control
dust and erosion. The surface shall be properly maintained to prevent deterioration.
The applicant is proposing to construct a material storage area with a recycled asphalt
aggregate surface with a bituminous curb and gutter around the perimeter. City Code
requires all outdoor storage areas be surfaced with a material to control dust and
drainage, and that the surface shall be properly maintained to prevent deterioration.
Bituminous asphalt is the most - widely -used surfacing material to accomplish this
requirement and is required for outdoor storage areas.
There are a number of outdoor storage lots within the City that have been allowed to use
recycled bituminous aggregate surfacing for outside storage areas. CUP's that have
allowed recycled asphalt aggregate have included a condition for a periodic staff review
of the condition of the surfacing to determine its adequacy for dust and drainage control.
If recycled bituminous aggregate is used, such periodic review should be a condition of
approval. If, upon review, the recycled bituminous aggregate surface is determined to be
inadequate, the City will require the storage lot to be resurfaced with bituminous asphalt.
The perimeter of outdoor storage areas have historically been constructed with concrete
cub and gutter for drainage and containment purposes. The applicant proposes to use a
bituminous curb and gutter which would serve a similar purpose; however, bituminous
curb and gutter has typically only been allowed when the edge is considered temporary
because an expansion area exists.
If bituminous curb and gutter is used, this would result in a change from past practice and
a condition for a periodic staff review of its condition and effectiveness should be a
condition of approval. If, upon review, the bituminous curb and gutter is determined to
be inadequate, the City will require it be replaced with concrete curb and gutter.
The applicant should obtain a Grading Permit from the City prior to the construction of
the proposed outdoor storage areas. Detailed plans for this grading work should be
prepared and signed by a registered professional engineer.
Site Lighting — The Site Plan identifies two light poles within the outdoor storage area but does
not provide specifications. 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 is included as a condition of
approval.
ID-)
Planning Report — Davis Equipment CUP
March 26, 2013
Page 6
Grading/Topography — The site is open and generally slopes to the west. The first floor
elevation of the existing building on the site is approximately ten feet below the grade of
Highway 13 to the east. The developer will be responsible for installing and maintaining erosion
control measures in accordance with City standards during the construction of the new parking
and storage areas.
Utilities — The existing building on the site is connected to the City sanitary sewer and water
main systems. With the exception of the new storm sewer included with the pond, no additional
connections are proposed with this application.
Streets /Access /Circulation — Public street access to the site is currently from two driveway
entrances onto Alexander Road on the north and will remain unchanged with this development.
MnDOT will not allow public street access to Highway 13 to the east.
Wetlands — There are no wetlands on site, therefore, City Code § 11.67, wetland
protection and management regulations, does not apply.
Water Quality /Storm Water Drainage — The applicant currently proposes a 4,000 cubic foot
dead - volume pond (and 5,300 cubic feet of temporary storage) with a storm sewer structure
overflow and pipe connecting it to the existing private storm sewer system, connected to the
public storm sewer system in the NW corner of the site. This development should comply with
City Code §4.33 Post - Construction Requirements, including Runoff Rate Control, Total
Phosphorus & Total Suspended - Solids Control, and 1/2" Volume Control from new impervious
surfaces.
The current proposal does not meet the requirements for Rate Control, TP /TSS Control and
Volume Control. However, the applicant's engineer is making stormwater facility revisions that
should be able to meet all stormwater requirements, including substituting an infiltration basin
for the detention pond, Effective pre- treatment should be included upstream of the stormwater
management facility, for capture and easily- accessible cleanout of fine -sand sized particles from
runoff from the new impervious surface area. The property owner should be responsible to
maintain this storm water system in accordance with City engineering /water quality standards,
under a long -term maintenance agreement in a form acceptable to the City Attorney.
SUMMARY /CONCLUSION
Davis Equipment is requesting a Conditional Use Permit (CUP) for outdoor storage of
agricultural fertilizer equipment and golf and turf mowing equipment. The property has been
used for outside storage in the past, most recently by Wenzel plumbing and heating.
The applicant is proposing improvements to the property that include milled bituminous
surfacing of the outdoor storage area as well as bituminous curb and gutter. City Policy makers
should determine whether recycled asphalt aggregate is appropriate for the outdoor storage area.
The requested departure to allow bituminous curb and gutter should also be discussed by City
Policy makers. All other outdoor storage requirements appear to be satisfied.
M
Planning Report — Davis Equipment CUP
March 26, 2013
Page 7
The Fire Department has noted difficulty in accessing the fire hydrant on the NE side of the
building. The applicant should determine whether the landscaping will be cleared in the area or
if the fire hydrant will be relocated to provide easier access.
ACTION TO BE CONSIDERED
To recommend approval of a Conditional Use Permit (CUP) for outdoor storage of golf, turf
and fertilizer equipment on property located at 1710 Alexander Road legally described as Lot 1,
Block 1, Sibley Terminal Industrial Park. If approved, the following conditions should apply:
1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval
by the City Council.
2. This Conditional Use Permit shall replace the existing and all former Conditional Use
Permits for the property, most recently approved on November 8, 2001.
3. Trash receptacles shall be kept either inside the building or within an enclosure constructed
according to City Code standards. A revised Site Plan shall show the trash enclosure if one is
to be constructed.
4. The Landscape Plan shall be revised so that coniferous trees are a minimum of six feet in
height at time of planting.
5. All landscaped areas shall be irrigated.
6. The applicant shall obtain a Grading Permit from the City prior to the construction of the
proposed outdoor storage and parking areas. Detailed plans for this grading work must be
prepared and signed by a registered professional engineer.
7. (A) The proposed outdoor storage areas shall be surfaced with bituminous asphalt.
MG
7. (B) Recycled asphalt aggregate shall be used for the portions of the outdoor storage areas. If
recycled bituminous aggregate is used for the outdoor storage areas, the site will be subject to
periodic review by city staff for adequacy of the material to control dust and drainage. The
first review will occur two years following approval of this permit. If the material is
determined to be inadequate, the City will require that it be replaced with bituminous asphalt.
mi
Planning Report — Davis Equipment CUP
March 26, 2013
Paize 8
8. (A) The perimeter of the proposed outdoor storage areas shall be constructed with concrete
curb and gutter.
•'
8. (B) The perimeter of the proposed outdoor storage areas shall be constructed with bituminous
curb and gutter. If bituminous curb and gutter is used for the perimeter of the storage area,
the site will be subject to periodic review by city staff for adequacy of drainage and
containment purposes. The first review will occur two years following approval of this
permit. If the material is determined to be inadequate, the City will require that it be replaced
with concrete curb and gutter.
9. All storage areas shall be properly maintained to prevent deterioration.
10. Prior to receiving a permit, the applicant's proposal shall meet all City stormwater
requirements (including Runoff Rate Control, TP /TSS Control and /2" Volume Control).
11. Prior to receiving a grading permit, the applicant shall provide the City with soil- boring logs
(minimum of 2 samples, extending 10' min, below bottom of over - excavation) within the
location of the proposed stormwater management feature, to evaluate and ensure suitability
for infiltration.
12. Prior to receiving a grading permit, the applicant shall enter into a long -term stormwater
facility monitoring and maintenance agreement, in a form acceptable to the City Attorney.
13. All gates shall have lock boxes installed with keys to allow emergency vehicle access.
14. (A) The fire hydrant shall be relocated next to the driveway entrance on the North side of the
building and permits obtained, if any.
•'
14. (B) The landscaping shall be removed and the hydrant large discharge rotated to face
Alexander Road and permits obtained, if any.
15. Illumination shall be indirect and diffused or shielded. Lighting shall not be directed upon
public rights -of -way or adjacent properties and the source of light shall not be visible from
off the property.
i3�
Map Area Extent
Project Name: Davis Equipment
Request: Conditional Use Permit
Case No: 09- CU- 01 -02 -13
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City of Eayn Current Zoning and Land Use Map
Application: Davis Equipment Corporation
Type: Conditional Use Permit
Case No.: 09- CU- 01 -02 -13
Zoning
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NARRATIVE
`Ais
equipment corporation
February 10, 2013
S FEI EAST
FEI -East and Turfwerks is asking for a conditional use permit for the property located
at 1710 Alexander Road. FEI -East sells and services ag fertilizer equipment in
Minnesota and Wisconsin. Turfwerks sells and services golf and turf mowing
equipment in Minnesota and western Wisconsin.
At this location we would like to stock the equipment that we sale and store the
equipment in the lots surrounding the building. We would have approximately 85
pieces stored on lot. The ag equipment would consist of 15 spreaders, 12 tenders, 6
loaders, 3 toolbars, 1 Miller chassis, 1 Timpte trailer and 5 used pieces of equipment.
The turf equipment would consist of 36 pieces of mowing and grounds care equipment.
The turf equipment would mainly be stored on the lot south of the shop doors and the
ag equipment would be in what is the south grass lot. The equipment would be in rows
sorted by the type of equipment. We would receive and ship equipment weekly by
truck receiving 2 to 3 trucks per week and sending out 3 to 4 trucks. The equipment
would be kept orderly and is good condition. We plan to fence the lot and put a gate
on the lower drive to secure the location.
The exact location of the equipment would be worked on and modified as we go to
maximize the lot and to give it the best look from the outside.
RECEIVEO FEB 2 0 2013
139
AGENDA
CITY OF EAGAN
REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY
EAGAN MUNICIPAL CENTER
APRIL 2, 2013
A. CALL TO ORDER
B. ADOPT AGENDA
C. CONSENT AGENDA
1. APPROVE EDA Minutes
2. APPOINT EDA Executive Director
3. APPROVE Parking Ramp Design Approval Agreement with Paragon
Outlets Eagan LLC
4. APPROVE First Amendment to Sale and Purchase Agreement between
the EDA and Paragon Outlets LLC pertaining to Easements, Covenants
and Site Grading
5. APPROVE Parking Ramp Easement Agreement with Paragon Outlets
Eagan LLC
D. OLD BUSINESS
E. NEW BUSINESS
1. CONCEPT PLAN REVIEW — Cedar Grove Parking Structure
2. CONSIDER Modification of Tax Increment District No. 1 Cedar Grove
Redevelopment District
F. OTHER BUSINESS
;!_"I Z1109011
Agenda Information Memo
Eagan Economic Development Authority Meeting
April 2, 2013
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 19, 2013 EDA meeting are
enclosed on pages � 1 through A9-1
2. APPOINT Dave Osberg to be the EDA Executive Director — At the time of the
EDA organizational business earlier this year, the appointment of the Executive
Director was postponed until the new City Administrator would have joined the
organization. Dave Osberg formally started work with the City on March 25, 2013,
and the appointment of the position is in order at this time.
3. APPROVE Parking Ramp Design Approval Agreement with Paragon Outlets
Eagan LLC — As a part of the EDA staff's discussions with Paragon relative to the
construction of public improvements, Paragon has requested and the parties have
negotiated a draft agreement to permit Paragon the opportunity to review the EDA's
parking ramp design as to its consistency with the design and quality of the Paragon
Outlet Center. EDA staff and Paragon staff are working cooperatively throughout the
design process, with the intention of addressing these types of questions along during
the process, but the agreement formalizes that review. A copy of the agreement is
available upon request.
.
4. APPROVE First Amendment to Sale and Purchase Agreement between the EDA
and Paragon Outlets LLC pertaining to Easements, Covenants and Site Grading
— The EDA staff and the developer have identified details pertaining to easements,
covenants and site grading for the outlet center development, the parking ramp site
and the remainder of the site. To that end, an amendment to the purchase agreement
has been prepared to address those items. A copy of the agreement is available upon
request.
5. APPROVE Parking Ramp Easement Agreement with Paragon Outlets Eagan
LLC — In order to define the availability and accessibility of public parking in the
Cedar Grove Parking Ramp for Paragon as well as other future users of such parking
from adjacent development outlots, staff and the developer have negotiated a draft
Parking Ramp Easement Agreement that is in order for consideration at this time. A
copy of the agreement is available upon request.
MINUTES OF A MEETING OF THE
EAGAN ECONOMIC DEVELOPMENT AUTHORITY
Eagan, Minnesota
March 19, 2013
A meeting of the Eagan Economic Development Authority was held on Tuesday, March 19, 2013 at the
Eagan Municipal Center. Present were President Maguire, Commissioner Bakken, Commissioner Hansen
and Commissioner Tilley. Also present were Community Development Director Hohenstein and City
Attorney Dougherty. Commissioner Fields was absent.
CALL TO ODER
President Maguire called the Economic Development Authority meeting to order.
ADOPT AGENDA
Commissioner Bakken moved, Commissioner Tilley seconded a motion to approve the agenda as
presented. Aye :4 Nay:0
CONSENT AGENDA
Commissioner Hansen moved, Commissioner Tilley seconded a motion to approve the Consent Agenda
as presented. Aye: 4 Nay: 0
It is recommended to approve the minutes of March 5, 2013 EDA meeting as presented.
It is recommend to approve Grant of Utility Easement in Cedar Grove Redevelopment to Xcel
Energy,
OLD BUSINESS
APPROVE EXTENSION OF PRELIMINARY DEVELOPMENT AGREEMENT
WITH PRATT DEVELOPMENT AND CASSIDY TURLEY
Community Development Director Hohenstein introduced the item noting the EDA has a Preliminary
Development agreement with Pratt Development, under which Pratt entered into a listing agreement
with Cassidy Turley for the marketing of the Cedar Grove Redevelopment district.
Recently when considering another extension, the EDA at its February 5th meeting, asked that the
matter be continued until March 19th in order to review certain items relative to the currency of
information on the developers web site, and to get a better understanding of what the marketing plan
would be moving forward. Hohenstein noted the matter was referred to the Finance Committee for
further review in anticipation of it being returned to the EDA at its March 19, 2013 meeting. It was
suggested that a condition of any extension be the preparation of an updated sales and marketing plan,
more frequent updates to the EDA on progress in the marketing of properties and a formal update to
the EDA at a meeting in August or September of 2013 to determine whether to further extend the
agreement or consider proposals for master developer services in 2014.
At its March 4, 2013 meeting, the Finance Committee met with Mr. Pratt and Mr. McCaffrey and
discussed the EDA action and received information from the developer team in response to the issues
ly1
raised. The Committee discussed the information received and the options for addressing the issues
raised at the February 5t" EDA meeting and made the following recommendations.
• Approve the Sales and Marketing Plan presented by Cassidy Turley including the listing of
proposed pricing on the various outlots based on the types of uses that may be proposed.
• Extend the Preliminary Development Agreement through March, 2014, with the qualification
that the Finance Committee will monitor the work of the developers under the agreement and
make a recommendation to the EDA by the end of 2013 whether to solicit proposals for
developer /broker services prior to that time.
• Delegate responsibility for monitoring the work of the developers and receiving periodic specific
updates from the developers on contacts and meetings with prospects to the Finance
Committee, in consideration of the need for confidentiality.
Mr. Pratt and Mr. McCaffrey were available for questions.
Mayor Maguire asked if anyone in the audience would like to comment on the preliminary development
agreement. There being no public comment,'he turned the discussion back to the Council.
Commissioner Bakken moved, Commissioner Hansen seconded a motion to approve an extension of the
Preliminary Development Agreement between the EDA and Pratt Development relative to the Cedar
Grove Redevelopment District. Aye: 4 Nay: 0
There was no New Business.
There was no Other Business,
NEW BUSINESS
OTHER BUSINESS
ADJOURNMENT
Commissioner Bakken moved, Commissioner Hansen seconded a motion to adjourn the meeting.
Aye; 4 Nay: 0
Date
Jon Hohenstein, Deputy Executive Director
Agenda Memo
Eagan Economic Development Authority Meeting
New Business
April 2, 2013
1. CEDAR GROVE REDEVELOPMENT DISTRICT — CEDAR GROVE
PARKING GARAGE CONCEPT PLAN
ACTIONS TO BE CONSIDERED:
1) To approve the Cedar Grove Parking Garage Concept Plan for the property designated
for that purpose in the core area of the Cedar Grove Redevelopment District.
2) To authorize Walker Parking Consultants to proceed with design development of the
parking structure consistent with the concept plan.
3) To authorize staff and Walker to proceed with the preparation and submittal of
Planned Development Preliminary Subdivision applications for the improvement on
the property.
FACTS:
Background
• The Eagan Economic Development Authority (EDA) approved a purchase agreement
with Paragon Outlets under which Paragon will acquire the property in the Cedar
Grove Redevelopment District for the development of an upscale outlet shopping
center. A condition of the purchase agreement is that the EDA will construct a public
parking ramp of at least 1,400 stalls adjacent to the Paragon property, one of the
purposes of which will be to provide for a portion of Paragon's parking needs.
The EDA previously hired Walker Parking Consultants to serve as the design and
engineering firm for the preparation of plans for the parking structure. On the basis
of the Paragon Outlets Preliminary Planned Development and Preliminary
Subdivision and in consultation with staff and representatives of Paragon, Walker has
prepared a design concept that will provide approximately 1,550 stalls for shared
public parking.
The stalls are divided approximately equally between two ramp levels and vertical
circulation between the levels is provided by a central elevator and stair lobby across
Eagan Outlets Parkway from the main entrance to the outlet center and other stair
connections at various locations around the structure. All stair connections are
intended to be covered and the central elevator and stair lobby will be heated as well.
H)
• The preliminary design preserves a 1.8 acre parcel located along Cedar Grove
Parkway and across from the Nicols Ridge subdivision to be sold for private
development both to incorporate other active uses in the parking structure and to
permit a building to be placed within the area to break up the space between the
existing neighborhood and the parking field.
• This development parcel is different from the original concept presented in 2012 by
Paragon, in that it has been found that the market is not currently strong for an
additional in -line strip center in this area, while other uses, including potential
hospitality uses could be market supportable, but would require a wider, shorter
development parcel than the Paragon concept had shown. To clarify, Paragon had not
proposed to develop the in -line center in that concept, so the EDA has focused on
attracting other development partners to that area of the redevelopment.
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 formal development plan
forward.
• While a project will still require 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 provide assurance that the EDA, as owner of
the property, has determined there is merit to taking the steps necessary to complete
the other steps in that process.
• At this time, staff is requesting that the EDA consider approval of the preliminary
concept plan and, if that is approved, direct next steps for the completion of the
parking garage plans and preparation and submittal of a planned development and
subdivision plan for the project.
ATTACHMENTS:
• Location and current redevelopment site plan on pages IW J through k'W
• Parking Garage redevelopment concept plan dated March 18, 2013 and related plans
and elevations enclosed without page number.
`4
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Agenda Information Memo
Eagan Economic Development Authority Meeting
New Business
April 2, 2013
2. CONSIDER A RESOLUTION TO UPDATE THE REDEVELOPMENT
PLAN AND MODIFY THE FINANCING PLAN FOR TAX INCREMENT
FINANCING DISTRICT NO. 1 WITHIN THE CEDAR GROVE
REDEVELOPMENT DISTRICT
ACTION TO BE CONSIDERED: Approve a resolution to update the Redevelopment
Plan for the Cedar Grove Redevelopment Area; and adopt the Modification of the Tax
Increment Financing District No. 1 within the Cedar Grove Redevelopment Area.
FACTS:
The Eagan Economic Development Authority (EDA) approved a purchase agreement
with Paragon Outlets under which Paragon will acquire the property in the Cedar
Grove Redevelopment District for the development of an upscale outlet shopping
center. A condition of the purchase agreement is that the EDA will construct a public
parking ramp adjacent to the Paragon property, one of the purposes of which will be
to provide for a portion of Paragon's parking needs.
• The original Redevelopment Plan and Tax Increment Financing Plan for the District
did not include construction of a parking ramp and it is appropriate to update and
modify those plans to acknowledge the progress that has occurred in that regard. .
• The City Council has scheduled a Public Hearing to consider these matters at its
meeting on May 7, 2013. As required by the amendment process, the Advisory
Planning Commission has taken action to find that the proposed TIF update and
modification supports development within the District that is consistent with the
City's Comprehensive Guide Plan.
• At this time it is in order for the EDA to consider a resolution to approve the update
and modification in anticipation of the City Council public hearing in May. A memo
from Ehlers and Associates summarizing the proposed modifications is included
among the attachments.
ATTACHMENTS:
• Location map and current redevelopment site plan on pages Mo through 1149
• Copy of Ehlers Memo regarding the proposed plan changes on pages 15-0 through
1951
• Resolution on pages 14A through
• Modification document available upon request.
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Memo
T: Economic Development Authority, City of Eagan
From: Rebecca Kurtz and Mark Ruff, Ehlers
Date: March 27, 2013
Subject: Modification to TIF District No. 1 located in the Cedar Grove
Redevelopment Area
The City of Eagan and the Eagan Economic Development Authority are considering a
Modification to Tax Increment Financing District No. 1 located in the Cedar Grove
Redevelopment Area, and a public hearing on the Modification is set for May 7. As part of the
Modification process the Planning Commission is requested to consider a resolution that the
proposed Modification conforms to the general plans for the development and redevelopment of the
City as a whole.
The main reason for the Modification is to update the budget and bonded indebtedness based
upon anticipated revenues and total expenses. The sources of revenue is revised based on the
Paragon project and other future development, and the uses will be updated to include expenses
to date as well as the anticipated expenses related to the parking structure.
In addition to the budget modification, sections of the TIF Plan have been modified to address
changes in legislation and update or clarify actions since the adoption of the original TIF Plan on
October 2, 2001. The following is a summary of the modifications:
■ Section 2 -3. Statement of Objectives and Appendix A: Updated to clarify the purpose
of the Modification and activities to date.
■ Section 2 -4. Redevelopment Plan Overview: Updated to include the contracts to date.
■ Section 2 -5. Description of Property in the District and Property to be Acquired and
Appendix C: Updated to clarify the parcels included in the TIF District. The boundaries
of the District are not being modified; however, over the past years, areas of the District
have been re- platted, and new parcel numbers were assigned.
■ Section 2 -7. Duration of the District: Updated to clarify the first year of increment and
the duration of the District.
■ Section 2 -8. Original Tax Capacity: Modified to clarify the Unique Taxing Authorities
(UTA) and the estimated TIF generated in each area based on the increased budget.
E p ».... », »._ wm eh1R a -Cc,col
Minnesota phone 6
3060 Crentre Pointe Drive
LEADERS IN PUBLIC FINAW Offloos also in Wisconsin and Illinols lax 651-637 -8555 Roseville MN 55113- 11.22
fall frog 800 -559 -1171
15D
■ Section 2 -9. Sources of Revenue/Bonded Indebtedness: Modified to increase the
budget and bonded indebtedness based on projected TIF revenue and City obligations.
■ Section 2 -10. Uses of Funds: Modified to reflect the expenses to date and the expenses
related to construction of the parking structure.
■ Section 2 -12. Business Subsidies: Updated to reflect legislative changes.
■ Section 2 -14. Estimated Impact on Other Taxing Jurisdictions: Modified to reflect
the impact of the budget modifications.
■ Section 2 -15. Supporting Documentation: Updated to reflect studies and analysis
completed to date.
■ Section 2 -16. Definition of Tax Increment Revenues: Updated to reflect legislative
changes.
■ Section 2 -17. Modifications of the District: Updated to reflect legislative changes.
■ Section 2 -27. Other Limitations on the Use of Tax Increment: Updated to reflect
legislative changes.
Mark Ruff will be at the EDA meeting to answer any questions regarding the Modification.
['51.
EAGAN ECONOMIC DEVELOPMENT AUTHORITY
CITY OF EAGAN
DAKOTA COUNTY
STATE OF MINNESOTA
RESOLUTION NO.
RESOLUTION TO UPDATE THE REDEVELOPMENT PLAN FOR THE CEDAR
GROVE REDEVELOPMENT AREA; AND ADOPTING THE MODIFICATION
TO THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT
FINANCING DISTRICT NO. 1 WITHIN THE CEDAR GROVE
REDEVELOPMENT AREA.
WHEREAS, it has been proposed by the Board of Commissioners (the "Board ") of the Eagan
Economic Development Authority (the "EDA ") and the City of Eagan (the "City ") that the EDA update
the Redevelopment Plan for the Cedar Grove Redevelopment Area (the "Update ") and adopt a
Modification to the Tax Increment Financing Plan (the "TIF Plan Modification ") for Tax Increment
Financing District No. 1 (the "TIF District ") therefor, all pursuant to and in conformity with applicable
law, including Minnesota Statutes, Sections 469.090 to 469.1082 and Sections 469.174 to 469.1794,
inclusive, as amended (the "Act "), all as reflected in the Update and Modification and presented for the
Board's consideration; and
WHEREAS, the EDA has investigated the facts relating to the Update and Modification and has
caused the Update and Modification to be prepared; and
WHEREAS, the EDA has performed all actions required by law to be performed prior to the
Update and adoption of the Modification. The EDA has also requested the City Planning Commission to
provide for review of and written comment on the Update and Modification and that the Council schedule a
public hearing on the Update and Modification upon published notice as required by law.
NOW, THEREFORE, BE IT RESOLVED by the Board as follows:
1. The EDA hereby reaffirms that the TIF District as modified herein is in the public interest
and is a "redevelopment district" under Minnesota Statutes, Section 469.174, subd. 10 and finds that the
Update and Modification conform in all respects to the requirements of the Act and will help fulfill a need
to develop an area of the State of Minnesota which is already built up and that the adoption of the proposed
Update and Modification will continue to provide employment opportunities in the State and in the
preservation and enhancement of the tax base of the City and the State because it will discourage commerce
and industry from moving their operations to another state or municipality and thereby serves a public
purpose.
2. The EDA further finds that the Update and Modification will afford maximum opportunity,
consistent with the sound needs for the City as a whole, for the development or redevelopment of the project
area by private enterprise in that the intent is to provide only that public assistance necessary to make the
private developments financially feasible.
3. Conditioned upon the approval thereof by the City Council following its public hearing
thereon, the Update and Modification, as presented to the EDA on this date, are hereby approved,
established and adopted and shall be placed on file in the office of the City Administrator.
MAN
4. Upon approval of the Update and Modification by the City Council, the staff, the EDA's
advisors and legal counsel are authorized and directed to proceed with the implementation of the
Modification and for this purpose to negotiate, draft, prepare and present to this Board for its consideration
all further plans, resolutions, documents and contracts necessary for this purpose. Approval of the Update
and Modification does not constitute approval of any project or a Development Agreement with any
developer.
5. Upon approval of the Update and Modification by the City Council, the City Administrator
is authorized and directed to forward a copy of the Modifications to the Minnesota Department of Revenue
and Office of the State Auditor pursuant to Minnesota Statutes 469.175, Subd. 4a.
6, The City Administrator is authorized and directed to forward a copy of the Update and
Modification to the Dakota County Auditor and request that the Auditor certify the original tax capacity of
the District as described in the Modifications, all in accordance with Minnesota Statutes 469.177.
Approved by the Board of Commissioners of the Eagan Economic Development Authority this 7th
day of May, 2013.
ATTEST:
Executive Director
i G3
President
Agenda Information Memo
Eagan Economic Development Authority Meeting
April 2, 2013
F. OTHER BUSINESS
There are no other items at this time.
G. ADJOURNMENT
ACTION TO BE CONSIDERED: To adjourn the EDA Meeting.
154