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06/04/2013 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING JUNE 4, 2013 6:30 P.M. ROLL CALL AND PLEDGE OF ALLEGIANCE 3 II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) A. APPROVE MINUTES _J�_B. PERSONNEL ITEMS a3 C. APPROVE Check Registers ,14 D. APPROVE resolution adopting and authorizing implementation of the performance measures developed by the Council on Local Results and Innovation E. AUTHORIZE Submittal of Comments regarding HOPE Application for CDA Workforce 33 Townhome Project on Jurdy Road F. ACCEPTANCE of Clean Water Partnership Grant �_G. AWARD City Contract 13 -12 (Cedar Grove Parkway – Trail & Lighting Improvements) ,)(0 H. ADOPT the 5 Year Public Works Capital Improvement Plan (2014 -2018) and Authorize the Implementation of the 2014 Improvements APPROVE Revisions to the Snow & Ice Control Policy LVA J. APPROVE Revisions to the Winter Trail Maintenance Program for 2013 -2014 3 K. AUTHORIZE Preparation of Americans with Disabilities Act (ADA) Transition Plan LN L. APPROVE Purchase Agreement – City of Eagan for land at 4232 Blackhawk Road; Architectural Consulting Agreement APPROVE Final Plat for Meadowview Industrial Park .(L 5 N. ADOPT a Resolution Accepting a $25.00 Donation from a Citizen V-1 O. RECEIVE Petition to Vacate Public Ponding Easement – Property ID No. 10- 01000 - 570 -11 (Easement No. 374875) and Schedule Public Hearing for July 16, 2013 P. APPROVE Plans and Specifications, Contract No. 13 -19 (Project 1129 - Carlson Lake Sanitary Lift Station Rehabilitation), and Authorize the Advertisement for Bids for 11:00 a.m., Wednesday, June 26, 2013 O. APPROVE Final Plat for Kennerick 4t" Addition 9R. DECLARE City Sponsored Event Signage as Government Signs -City of Eagan V. PUBLIC HEARINGS B0 A. VACATE Public Drainage & Utility Easements – Lots 4 and 5, Block 3, Kennerick 2nd Addition _9'5713. B. VACATE Public Drainage & Utility Easement – Lot 1, Block 1, Mari Acres 2nd Addition VI. // OLD BUSINESS �W A. MASSAGE THERAPY LICENSES — Consider the Findings of the Hearing Officer regarding the Massage Therapy Establishment License for Heavenly Asian Massage, 4215 Nicols Road, and the Massage Therapist License for Yang Yu 100 B. ORDINANCE AMENDMENT – An Ordinance Amendment to City Code Chapter 6 (Massage Therapy Regulations) to Require Massage Therapists and Massage Therapy Establishments to Post Therapist and Establishment Licenses On- premise 103 C. ORDINANCE AMENDMENT —An Ordinance Amendment to City Code Chapter 6 (Tobacco Licensing Regulations) to Prohibit Smoking in Licensed Tobacco Retail Premises VII. NEW BUSINESS lC)J A. COMPREHENSIVE GUIDE PLAN AMENDMENT — Dakota Path — Hunter Emerson - A Comprehensive Guide Plan Amendment from PR, Private Recreation to QP, Quasi - Public for approximately half an acre located at 1290 Cliff Road ��(p B. COMPREHENSIVE GUIDE PLAN AMENDMENT and REZONING — City of Eagan - A Comprehensive Guide Plan Amendment from SA -MD, Special Area - Medium Density Medium Density to SA -P, Special Area — Park and a Rezoning from PD, Planned Development to P, Park District located at 3994 Cedar Grove Parkway C. REZONING, PRELIMINARY PLANNED DEVELOPMENT and PRELIMINARY SUBDIVISION — Cedar Grove Parkway 2nd Addition - A Rezoning of 7.1 acres from CGD, Cedar Grove District to PD, Planned Development, A Preliminary Planned Development for the construction of a 2 -level parking structure serving the Cedar Grove Redevelopment Area and A Preliminary Subdivision of 8.9 acres to create two lots for a 7.1 acre lot for ramp and 1.8 acre lot for future development located at 3950 Eagan Outlets Parkway VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes 2. SCHEDULE Public Hearing on July 2, 2013 for the Sale of EDA Property at 3880 Sibley Memorial Highway to Jensen and Jensen Properties, LLC B. OLD BUSINESS C. NEW BUSINESS 1. CONSIDER Concept Plan and Purchase Proposal from Stonebridge Apartments for Acquisition and Redevelopment of Property at the Intersection of Cedar Grove Parkway and Cedar Grove Boulevard C. OTHER BUSINESS G. ADJOURN X. ADMINISTRTIVE AGENDA 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) Xil. CLOSED SESSION XIII. ADJOURNMENT on 4000 City of Eap ma TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR OSBERG DATE: MAY 31, 2013 SUBJECT: AGENDA INFORMATION FOR JUNE 4, 2013 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the June 4, 2013 City Council agenda, the following items are in order for consideration. D Agenda Information Memo June 4, 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 May 14, 2013 Special City Council meeting as presented or modified. • To approve the minutes of May 21, 2013, City Council meeting as presented or modified. ATTACHMENTS: • Minutes of May 14, 2013 Special City Council meeting are enclosed on pages ET and • Minutes of May 21, 2013, Regular City Council meeting are enclosed on pages 9 through � (0 . MINUTES SPECIAL CITY COUNCIL MEETING MAY 14, 2013 5:30 P.M. EAGAN MUNICIPAL CENTER City Councilmembers present: Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. City staff present: City Administrator Osberg, Assistant City Administrator Miller, Public Works Director Matthys, Transportation Operations Engineer Plath, Superintendent of Utilities Eaton, City Engineer Gorder, Water Resources Manager Macbeth, Director of Community Development Hohenstein and Finance Director Pepper. I. ROLL CALL AND ADOPTION OF THE AGENDA Councilmember Fields moved, Councilmember Tilley seconded a motion to adopt the agenda as presented. Aye: 5 Nay:0 II. VISITORS TO BE HEARD There were no visitors to be heard. III. WINTER TRAIL MAINTENANCE PROGRAM UPDATE ON CURRENT WINTER TRAIL PLOWING POLICY City Administrator Osberg introduced the item noting that the Council adopted a Winter Trail Maintenance Plan in 1998, which the Council reviews annually and considers the extent of the trail system that is designated for maintenance during the winter months. Director of Public Works Matthys gave an overview of the program and provided an update on the current Winter Trail Plowing Policy that has been addressed by City crews and equipment exclusively for the past five years. The Council discussed the response time for trail plowing. The Council directed a conversation about winter trail maintenance, including equipment, plowing options /efficiencies, and the use of contractual plowing by residents to a future Public Works Committee meeting. REQUESTS FOR ADDITIONS /CHANGES Director of Public Works Matthys introduced the item noting the City Council adopted a Winter Trail Maintenance Plan that allows the Council to annually review and consider modifications to the extent of the trail system that is designated for maintenance during the winter months. Matthys noted there are four (4) Citizen Petitions and one (1) new trail segment to be reviewed. Matthys summarized the citizen petitions received. The City Council discussed Citizen Petition #1, which requested that a new trail segment be plowed on the south side of Diffley Road from Lexington Avenue to Dodd Road. Tracy Eisele, 4209 Braddock Trail, representative of the petition, was present and spoke in support of the request. The Council concurred with the petition and directed staff to add the new trail segment to be plowed on the south side of Diffley Road from Lexington Avenue to Dodd Road as a Priority Level 4 route. J Special City Council Minutes May 14, 2013 Page 2 Mayor Maguire suggested staff contact State Representative Laurie Halvorson's office regarding enabling legislation at the state level, where schools could be empowered to enter joint powers agreements with local districts as an avenue for dialogue between local government, cities and school districts. The City Council discussed Citizen Petition #2, which requested that a new trail segment be plowed on the north side of Wescott Road from Lexington Avenue to Elrene Road. Matthys suggested considering two potions in response to the request and noted that the petition only included 12 properties and thus did not meet the petition criteria which require a petition to include the signature of at least 50 properties. Shelly Recer, 871 Wescott Road, representative of the petition, was present and spoke in support of the request. The Council concurred with Option B and directed staff to add the new trail segment to be plowed on the north side of Wescott Road from Woodlands Elementary to Elrene Road as a Priority Level 1 route. The Council concurred that the remainder of the segment on the north side of Wescott Road from Lexington Avenue to Woodland Elementary be discussed at a future Public Works Committee meeting. The City Council discussed Citizen Petition #3, which requested that a new trail segment be plowed in Slater Acres Park. Janis Fuller, 2269 Whispering Trail, representative of the petition, was present and spoke in support of the request noting the lack of use of the outdoor rink at this park. Ms. Fuller gave an alternative suggestion to not flood the rink, but instead plow the trail. The City Council directed that this trail segment not be added to the winter trail maintenance program, and suggested that Park staff monitor the usage of the outdoor rink at this location. The City Council discussed Citizen Petition #4, which requested that a new trail segment be plowed on the north side of Towerview Road from Red Cedar Road /Woodlark Lane to Pilot Knob Road. Calvin Buck, 3056 Timberwood Court, representative of the petition, was present and spoke in support of the request. The City Council directed staff to add the new trail segment to be plowed on the north side of Towerview Road from Red Cedar Road /Woodlark Lane to Pilot Knob Road as a Priority Level 4 route. The City Council discussed the new 6 -foot wide concrete sidewalk currently being installed on the west /south side of Crestridge Drive, from Duckwood Drive to Pilot Knob Road, as part of Project 1116. The City Council directed staff to add the new sidewalk segment to be plowed on the west /south side of Crestridge Drive from Duckwood Drive to Pilot Knob Road as a Priority Level 3 route. IV. SNOW / ICE CONTROL POLICY Director of Public Works Matthys introduced the item noting on December 20, 1999 the City Council adopted a formal Snow & Ice Control Policy to govern and guide this service delivery program. Matthys noted the current update focuses on limiting snow plowing operators to 12 -hour shifts in any 24 -hour period for safety purposes. There was Council consensus to proceed with the proposed changes to the policy for formal consideration at the June 4 City Council meeting. The Council took a 10 minute break. r Special City Council Minutes May 14, 2013 Page 3 V. PUBLIC WORKS 5 -YEAR CIP (2014 -2018) Director of Public Works Matthys introduced the item noting that each year the City Council adopts a Capital Improvement Program (CIP) for the community, which includes Part III - Infrastructure (Public Works). Matthys gave an overview of the proposed Public Works Infrastructure projects for 2014 -2018. Mayor Maguire asked if anyone in the audience would like to comment on the proposed CIP. There being no public comment, he turned discussion back to the Council. The City Council discussed the proposed CIP projects and directed the CIP to the June 4, 2013, City Council meeting for formal consideration. VI. HIGHWAY 77 (CEDAR AVENUE FREEWAY) MANAGED LAND AND CEDAR GROVE TRANSIT ACCESS ENGINEERING STUDY - UPDATE City Administrator Osberg introduced the item noting the Minnesota Department of Transportation is undertaking an engineering study considering the utilization of "managed lanes" on Highway 77 (Cedar Avenue Freeway) as well as an improved connection between the soon to be operating Red Line Bus Rapid Transit and the Cedar Grove Transit Station. John Solberg with MnDOT gave an update and presentation of the study. Christine Elwood with Dakota County was available for questions. The Council discussed the study. VII. SPERRY TOWER DISPOSITION / ANTENNA TOWER POLICY Director of Public Works Matthys introduced the item noting the Sperry Reservoir located at 1420 Towerview Road is a 0.5 gallon hydro pillar tank that was built in 1967. The tower was last rehabilitated in 1987 with a typical coating life of 20 to 25 years; the current coating is 26 years old. The cost estimate for the needed improvements is $510,000 and the cost to put it back into service would be an additional $100,000. Matthys noted the reservoir has not been connected to the water system since September 2009 and the structure acts as an antenna base that generates revenue for the City. Matthys noted considerations for the tower are to keep the existing structure, replace the existing structure with a communications structure or to permanently remove the existing structure. The Council discussed the reservoir. Councilmember Bakken suggested looking into possibly preserving the structure and repurpose or convert to a pumped hydro battery. Mayor Maguire noted the uniqueness of the tower and with it being the City's first water reservoir it could be considered a landmark. Mayor Maguire suggested getting input or feedback from the public. After further discussion the Council requested staff to look into alternative uses and provide an update at a future Council meeting. VIII. AMERICANS WITH DISABILITIES ACT (ADA) TRANSITION PLAN City Administrator Osberg introduced the item requesting Council's direction to bring back to the June 4, 2013, Council meeting the acknowledgement of the need for a transition plan on the facilities within the City that will need attention as it relates to the ADA Act, which was enacted in 1990. Osberg noted a V' Special City Council Minutes May 14, 2013 Page 4 survey of what improvements will be needed from Public Works and other city facilities will be conducted. Public Works Director Matthys noted because the City of Eagan provides public services and programs, the organization is obligated to comply with this section of the Act as it specifically applies to public service agencies and transportation agencies. Title II of the ADA requires the City to conduct a self - evaluation of its facilities and develop a Transition Plan detailing how the organization will ensure that all of its facilities, services, programs and activities are accessible to all individuals. In order to comply with the required transition plan process, City staff proposes to review the Local Road Research Board (LRRB) guide, identify completed ADA improvements on past City projects and review the transition plan requirements with the City Attorney's office. Once this is completed, City staff would provide an overview of the proposed scope and timeline for the preparation of the transition plan. There was Council consensus to formally acknowledge the purpose and need for the transition plan to the June 4, 2013, City Council meeting for formal consideration. There was no other business to be heard. IX. OTHER BUSINESS X. ADJOURNMENT Councilmember Bakken moved, Councilmember Fields seconded a motion to adjourn at 9:15 p.m. Aye:S Nay:O Date Mayor Clerk l', MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota MAY 21, 2013 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. A regular meeting of the Eagan City Council was held on Tuesday, May 21, 2013 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen, and Tilley. Also present were City Administrator Osberg, Assistant City Administrator Miller, Director of Finance Pepper, Assistant Finance Director Feldman, Director of Community Development Hohenstein, Director of Public Works Matthys, City Planner Ridley, Communications Director Garrison, Director of Parks and Recreation Johnson, Superintendent of Operations Mesko, Fire Chief Scott, Police Chief McDonald and Executive Assistant Stevenson. AGENDA Mayor Maguire took a moment to acknowledge the severe tornado that hit Moore, Oklahoma and passes along sympathies to the families. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as presented. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATION There were no recognitions and presentation. CONSENT AGENDA Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of April 29 -30, 2013 and May 7, 2013. B. Personnel Items 1. It was recommended to accept the resignation of Officer Patrick Hogan and authorize hiring his replacement. 2. It was recommended to approve the hiring of seasonal employees in Parks & Recreation, Forestry, Streets and Utilities. C. It was recommended to approve check registers dated May 3 and 10, 2013. D. It was recommended to award the Contract to MP Nexlevel LLC for the extension of AccessEagan fiber into the Cedar Grove Redevelopment Area and authorize the Mayor and City Clerk to execute all related documents. E. It was recommended to direct staff to prepare an Ordinance Amendment to City Code Chapter 11 regarding lawful nonconformities. F. It was recommended to cancel the June 18, 2013 regular City Council meeting. G. It was recommended to appoint William Ische to a 2 -year term on the Energy and Environment Advisory Commission. H. It was recommended to appoint Dennis Thomson to a 2 -year term on the Advisory Parks and Recreation Commission. L City Council Meeting Minutes May 21, 2013 2 page I. It was recommended to award City Contract No. 13 -13 (Municipal Well Sealing Improvements). J. It was recommended to approve the Easement Agreement, City Project 1116 (Duckwood Crossing/ Crestridge Drive Street Improvements). K. Item removed L. It was recommended to approve Change Order No. 1 for City Contract No. 13 -02 (Citywide Street Improvements). M. It was recommended to approve Extended Work Hours for June 17 -22, 2013 - County Project No. 30 -24 (Diffley Road Overlay Improvements— Heine Strasse to Burnsville border). N. It was recommended to award City Contract No. 13 -15 (Glacier Hills Elementary Bioretention & Swale Project). 0. It was recommended to approve City Contract No. 13 -14, Well Rehabilitation. P. It was recommended to approve Plans and Specifications & Authorize Advertisement for Bids, City Contract No. 13 -16 (Inflow & Infiltration Mitigation Improvements). Q. It was recommended to approve Plans and Specifications & Authorize Advertisement for Bids, City Contract No. 13 -17 (Citywide Sanitary Sewer Improvements). R. It was recommended to direct preparation of an ordinance amendment to City Code Chapter 6.34 relative to tobacco sampling. S. It was recommended to approve Shows License, Off Site Gambling Permit and Temporary On -Sale Liquor license for the July 4th Funfest and waive license, permit and rental fees. T. It was recommended to approve the Final Subdivision and Final Planned Development for Stonehaven 6th Addition. U. It was recommended to adopt a resolution accepting a Microchip Scanner from the American Kennel Club. V. It was recommended to adopt a resolution accepting 50 dog and cat vaccines from Boehringer Ingelheim, the Animal Rescue Site, and the PetFinder Foundation. W. It was recommended to approve an expansion of the contract for Temporary Building Inspection Services. X. It was recommended to approve AccessEagan non - exclusive Access and Use Agreement with Frontier Communications. 2012 COMPREHENSIVE ANNUAL FINACIAL REPORT City Administrator Osberg introduced the item noting the Council is asked to receive and accept the 2012 Comprehensive Annual Financial Report and to direct the Finance Committee to review options for long -term financial strategies for the capital and operating needs of the Civic Arena and Cascade Bay. Finance Director Pepper introduced Janel Bitzan, an auditor with Kern, DeWenter, Viere, Ltd., who gave a presentation summarizing the financial report. Pepper and Bitzan were available for questions. The Council discussed the financial report. The City Council directed the Finance Committee to review options for long -term financial strategies for the capital and operating needs of the Civic Arena and Cascade Bay. Mayor Maguire asked if anyone in the audience would like to comment on the annual financial report. There being no public comment, he turned the discussion back to the Council. �0 City Council Meeting Minutes May 21, 2013 3 page Councilmember Hansen moved, Councilmember Tilley seconded a motion to receive and accept the 2012 Comprehensive Annual Financial Report. Aye: 5 Nay: 0 PUBLIC HEARINGS LOT 1, BLOCK 1, BOB MARTIN ADDITION DRAINAGE & UTILITY EASEMENT VACATION City Administrator Osberg introduced the item noting the Council is asked to close the public hearing for the vacation of a public drainage and utility easement. Osberg noted this is part of the New Business Item B to allow the current business, Catallia Mexican Foods, to construct an addition near the south east corner of the existing building. Public Works Director 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 Fields moved, Councilmember Bakken seconded a motion to close the public hearing for the vacation of a public drainage and utility easement located on Lot 1, Block 1, Bob Martin Addition. Aye:S Nay:O OUTLOT D, STONEHAVEN 5T" ADDITION DRAINAGE & UTILITY EASEMENT VACATIONS City Administrator Osberg introduced the item noting the Council is asked to approve the vacation of a public drainage and utility easement located on Outlot D, Stonehaven 5th Addition. The application was received on April 8, 2013 from US Home Corporation, requesting the vacation. Osberg noted the vacation was reviewed by the Public Works Department and found to be in order. Public Works Director 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 Fields moved, Councilmember Bakken seconded a motion to approve the vacation of a public drainage and utility easement located on Outlot D, Stonehaven 5th Addition and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 LOTS 2, 3, 4 AND 5, BLOCK 1, SAFARI AT EAGAN 3RD ADDITION DRAINAGE & UTILITY EASEMENT VACATION City Administrator Osberg introduced the item noting the Council is asked to close the public hearing for the vacation of a public drainage and utility easement on Lots 2, 3, 4 and 5, Block 1 of the Safari Addition. Osberg noted on March 20, 2013, staff received a petition from Ryan McCabe, President, RMTS2 Investments, LLC, requesting the vacation in conjunction with the final plat, which is to be considered at a future meeting. Public Works Director Matthys gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. City Council Meeting Minutes May 21, 2013 4 page Councilmember Tilley moved, Councilmember Hansen seconded a motion to close the public hearing for the vacation of public drainage and utility easements located on Lots 2, 3, 4 and 5, Block 1, Safari at Eagan 3rd Addition. Aye: 5 Nay: 0 OLD BUSINESS RECEIVE BIDS AND APPROVE RESOLUTION AWARDING THE SALE OF TAXABLE GENERAL OBLICATION TAX INCREMENT BONDS, SERIES 2013A City Administrator Osberg introduced the item noting with the help of Dave McGillivray from Springsted Incorporated bids were opened for $12,565,000 bonds to help finance the structured parking facility adjacent to the Paragon Outlets project and other outlots to be developed in the Cedar Grove TIF District. Dave McGillivray from Springsted Incorporated presented the results of the sale. Mayor Maguire asked if anyone in the audience would like to comment on the item. There being no public comment, he turned the discussion back to the Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the resolution awarding the sale of $12,390,000 Taxable General Obligation Tax Increment Bonds, Series 2013A. Aye: 5 Nay:0 Councilmember Bakken moved, Councilmember Fields seconded a motion to engage Springsted, Inc. to perform future continuing disclosure reporting and arbitrage rebate calculation requirements for the bonds. Aye:5 Nay:0 NEW BUSINESS PRELIMINARY SUBDIVISION (SAFARI AT EAGAN 4T" ADDITION) — RMTS2 INVESTMENTS, LLC; SAFARI OFFICE SUITES ASSOCIATES; OLSON COMMERCIAL PROPERTIES, LLC City Administrator Osberg introduced the item noting the Council is asked to approve or direct findings of fact for denial of a preliminary subdivision to create four lots, and to direct preparation of an encroachment agreement to be returned for future Council consideration. Osberg noted the owners wish to eliminate the common property and create four parcels to be owned independently, for the purpose of dissolving the Association. City Planner Ridley gave a staff report noting at this time the applicant has requested to not dedicate the typical drainage and utility easement along the common lot line between Lots 3 and 4. Ridley noted an additional condition of approval should be added to the Preliminary Subdivision that states: "Any future development upon Lot 4 will require a Planned Development Amendment, and dedication of the drainage and utility easement will be addressed at that time." Attorney Molly Gherty, on behalf of the applicant, was available for questions. The Council discussed the request. \a City Council Meeting Minutes May 21, 2013 5 page Mayor Maguire asked if anyone in the audience would like to comment on the study. There being no public comment, he turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision to create four lots upon 2.49 acres for property located at 1575, 1580, 1585 and 1590 Thomas Center Drive, subject to the following conditions as amended: Aye: 5 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, B1, B2, B3, B4, C1, C2, C3, D1, and E1 2. The property shall be platted. 3. Prior to final plat approval, the applicant shall have applied for and the City Council shall have approved the vacation of public drainage and utility easements for Safari at Eagan 3rd Addition. 4. Public drainage & utility easements on the Safari at Eagan 4t" Addition plat shall match the dedication of the Safari at Eagan 3rd Addition plat, except for the area no longer required due to relocation of a fire hydrant. Public drainage and utility easements, at least 10' in width, shall also be provided along all property lines of each individual lot. 5. Prior to final subdivision approval, the applicant shall have entered into an encroachment agreement with the City, in a form acceptable to the City Attorney, to permit existing building encroachments within drainage and utility easements. 6. Upon development of Lot 4, building placement shall meet a minimum 10' setback from the side lot lines and a minimum 22% green space shall be maintained. 7. A minimum level of green space must be maintained for each lot as follows: Lot 1— 32% Lot 2 — 33% Lot 3 — 23% Lot 4 — 22 8. Cross easements for ingress /egress and shared parking among the four lots and the adjacent lot to the north (Lot 1, Block 1, Life Time Fitness Addition) shall be executed in a form acceptable to the City Attorney. 9. An Amendment to the Final Planned Development Agreement shall be executed eliminating the requirement for an association. 10. Any future development upon Lot 4 will require a Planned Development Amendment, and dedication of the drainage and utility easement will be addressed at that time. Councilmember Hansen moved, Councilmember Tilley seconded a motion to direct preparation of an encroachment agreement to be returned for future Council consideration. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT AND VARIANCES — CATALLIA MEXICAN FOODS City Administrator Osberg introduced the item noting the Council is asked to approve a Conditional Use Permit to allow the outside storage, approve three Variances, and approve the Vacation of public drainage and utility easement. Osberg noted the Advisory Planning Commission recommended approval at the April 23rd meeting. City Planner Ridley gave a staff report noting there was no City Code requirement for minimum green space at the time the site was developed and the proposal results in a reduction in green space from 16% to 15 %. Harold Gooch, CFO Catallia Mexican Foods, addressed the Council giving a summary of the City Council Meeting Minutes May 21, 2013 6 page request and was available for any questions. Dennis Otten, Cargill Process Engineer was also available for questions. The Council discussed the request. Mayor Maguire asked if anyone in the audience would like to comment on the request. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Conditional Use Permit to allow outside storage of a liquid nitrogen tank for property located at 2965 Lone Oak Circle, subject to the following conditions: Aye: 5 Nay: 0 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. 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. The trash receptacle may be enclosed with screening similar to the nitrogen tank for up to five years from the date of City Council approval. Thereafter any trash /recycling storage shall meet all City Code requirements. 4. Any rooftop equipment shall be screened per City Code requirements. 5. The applicant shall submit a revised Site Plan that incorporates the two existing ash trees, clarifying no net loss of over -story plantings on the site. 6. The concrete swale shall be constructed with separation from the existing sanitary sewer manhole. 7. The property owner shall be responsible to repair the concrete swale in the event it is damaged during maintenance or repairs to the nearby utilities. 8. A Sign permit shall be obtained prior to installation of building signs. 9. A building permit shall be required prior to construction of the nitrogen tank and vaporizer, subject to building and fire code requirements. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the following Variances for the property located at 2965 Lone Oak Circle, with the following conditions: Aye: 5 Nay: 0 16 foot Variance to the required 20 food side yard setback: • 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 building permit shall be required prior to construction of the building. • The building shall not exceed the size shown on the proposed Site Plan received April 3, 2013. • The applicant shall apply for and obtain approval by the City Council to vacate the drainage and utility easement around the building footprint and footings prior to receiving a Building Permit. • The concrete swale shall be constructed with separation from the existing sanitary sewer manhole. • The property owner shall be responsible to repair the concrete swale in the event it is damaged during maintenance or repairs to the nearby utilities. M City Council Meeting Minutes May 21, 2013 7 page • Variance of 40% to the 25% green space requirement; and • Variance to exceed the 35% maximum building coverage requirement to allow 36.5% building coverage. Variance of 40% to the 25% green space requirement: 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. Variance to exceed the 35% maximum building coverage requirement to allow 36.5% building coverage: 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. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the vacation of public drainage and utility easement located on Lot 1, Block 1, Bob Martin Addition, and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative /intergovernmental affairs update to be heard. ADMINISTRATIVE AGENDA CITY COUNCIL COMMENTS Mayor Maguire noted at the Dakota County City Mayor /Manager meeting last week, Red Cross Regional Chair Phil Hansen gave a presentation that gave an overview of Red Cross disaster services, community preparedness and resiliency programs, and other programs available from the Red Cross. Mayor Maguire encouraged everyone to look into the program, particularly in light of the recent tornado in Oklahoma. DIRECTOR OF PUBLIC WORKS Director of Public Works Matthys noted this is Public Works week. DIRECTOR OF COMMUNITY DEVELOPMENT Director of Community Development Hohenstein noted Clover Leaf Cold Storage has acquired the former US Foods warehouse in the Eagandale Industrial Park. 6 City Council Meeting Minutes May 21, 2013 8 page 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 7:51 p.m. Aye: 5 Nay: 0 Date Mayor Clerk �(P Agenda Information Memo June 4, 2013 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. ACTION TO BE CONSIDERED: Approve the hiring of Patrol Officers Peter Meyer and Joshua Sannes. FACTS: • The City Council previously approved to fill the positions on January 2, 2013 and May 21, 2013. Item 2. ACTION TO BE CONSIDERED: Approve the hiring of Seasonal Employees in Parks & Recreation, Finance, Streets & Utilities: Name Division Job Title Community Cavallaro, Leisha Center Fitness Instructor Community Cole, Kelly Center Guest Services Zuke, Paul Finance Finance Intern Moulton, Derek Parks Landscape Crew Laborer Moulton, Kyle Parks Landscape Crew Laborer Rendahl, Carol Parks Landscape Crew Laborer Galatowitsch, Nikki Parks Park Attendant Merkley, Allison Parks Park Attendant Merkley, Katie Parks Park Attendant Holmin, Nicholas Parks Park Maintenance Schoenecker, Justin Parks Park Maintenance St. Martin, Benjamin Parks Park Maintenance Jonas, Kalley Parks & Rec Preschool Assistant Grundman, Jennifer Parks & Rec Preschool Instructor Alexander, Madeline Parks & Rec Recreation Assistant Franke, Landon Parks & Rec Recreation Assistant Garcia, Sara Parks & Rec Recreation Assistant Hannasch, Kate Parks & Rec Recreation Assistant (r) Hoffman, Hattie Parks & Rec Recreation Assistant Hofmann, Matthew Parks & Rec Recreation Assistant Mangan, Alex Parks & Rec Recreation Assistant Mott, Ryan Parks & Rec Recreation Assistant O'Shea, Caitlin Parks & Rec Recreation Assistant Patterson, Paige Parks & Rec Recreation Assistant Richard, Clara Parks & Rec Recreation Assistant Savage, Madison Parks & Rec Recreation Assistant Thiele, Krista Parks & Rec Recreation Assistant Wilson, Kern Parks & Rec Recreation Assistant Wollin, Jordan Parks & Rec Recreation Assistant Riesgraf, Brittney Parks & Rec Recreation Intern Altendahl, Marie Parks & Rec Recreation Leader Anderson, Julie Parks & Rec Recreation Leader Engebretson, Jenna Parks & Rec Recreation Leader Hawkins, Elizabeth Parks & Rec Recreation Leader Hoffman, Jenna Parks & Rec Recreation Leader Joyce, Elizabeth Parks & Rec Recreation Leader Morse, Sara Parks & Rec Recreation Leader Mott, Megan Parks & Rec Recreation Leader Opsahl, John Parks & Rec Recreation Leader Ostrem, Karyn Parks & Rec Recreation Leader Peterson, Sage Parks & Rec Recreation Leader Swenson, Laura Parks & Rec Recreation Leader Vogt, Marissa Parks & Rec Recreation Leader Wylie, Krista Parks & Rec Recreation Leader Eaton, Rachel Parks & Rec Tennis Assistant Schaffer, Linde Parks & Rec Tennis Assistant Carliasano, Dominic Parks & Rec Tennis Instructor Fischer, Danielle Parks & Rec Tennis Instructor Hollidge, Brendan Parks & Rec Tennis Instructor Larson, Brad Streets Seasonal Street Maintenance Runing, Garrett Streets Seasonal Street Maintenance Olson - Holmly, Ian Utilities Seasonal GIS Parks & Recreation- Cascade Bay Seasonals Last Name First Name Division Job Title Lund Andy Cascade Bay Building /Grounds Attendant Schulte Connor Cascade Bay Building /Grounds Attendant Fisher Carissa Cascade Bay Deck Coordinator Johnson Hailey Cascade Bay Deck Coordinator Larrea Julian Cascade Bay Deck Coordinator Petersen Lucas Cascade Bay Deck Coordinator M Aldinger Ashley Cascade Bay Guest Relations Allan Christopher Cascade Bay Guest Relations Berntsen Kayla Cascade Bay Guest Relations Berreth Alison Cascade Bay Guest Relations Berryman Kelsey Cascade Bay Guest Relations Bosshardt Paige Cascade Bay Guest Relations Cartwright Alexa Cascade Bay Guest Relations Casella Jay Cascade Bay Guest Relations Davis Jane Cascade Bay Guest Relations Deysach Catherine Cascade Bay Guest Relations Dietermann Alexandra Cascade Bay Guest Relations Egan Christine Cascade Bay Guest Relations Ekstein Benjamin Cascade Bay Guest Relations Eng Brittany Cascade Bay Guest Relations Erickson Elizabeth Cascade Bay Guest Relations Grelson Sophie Cascade Bay Guest Relations Gustafson Jenna Cascade Bay Guest Relations Harford Laura Cascade Bay Guest Relations Helmueller Greta Cascade Bay Guest Relations Hickey Meghan Cascade Bay Guest Relations Hughes Jason Cascade Bay Guest Relations Humble Ashlee Cascade Bay Guest Relations Jackson Tony Cascade Bay Guest Relations Ka Sodan Cascade Bay Guest Relations Kuntz Rachel Cascade Bay Guest Relations Lemke Ellen Cascade Bay Guest Relations Lovett McKenzie Cascade Bay Guest Relations Mensink Courtney Cascade Bay Guest Relations Nelson Christian Cascade Bay Guest Relations Nguyen Kevin Cascade Bay Guest Relations Pfaltzgraff Connor Cascade Bay Guest Relations Polum Kelley Cascade Bay Guest Relations Rhone Joe Cascade Bay Guest Relations Rosales Rosalinda Cascade Bay Guest Relations Scheller Cole Cascade Bay Guest Relations Sheahan Brady Cascade Bay Guest Relations Stefanko Ellen Cascade Bay Guest Relations Stelman Joseph Cascade Bay Guest Relations Tenace Brianna Cascade Bay Guest Relations Thompson Abigail Cascade Bay Guest Relations Thompson Sierra Cascade Bay Guest Relations 0 Truszinski Molly Cascade Bay Guest Relations Leander Martha Cascade Bay Guest Relations Coordinator Osojnicki Sarah Cascade Bay Guest Relations Coordinator Schmitt Kelly Cascade Bay Guest Relations Coordinator Abbott Luke Cascade Bay Lifeguard Anders Erica Cascade Bay Lifeguard Andersh Caitlin Cascade Bay Lifeguard Barta Alex Cascade Bay Lifeguard Bramley Sam Cascade Bay Lifeguard Broman Eli Cascade Bay Lifeguard Chipman Ben Cascade Bay Lifeguard Clark Anika Cascade Bay Lifeguard Davis Ashley Cascade Bay Lifeguard Decker Stefan Cascade Bay Lifeguard Deziel Robby Cascade Bay Lifeguard Ehlers Katie Cascade Bay Lifeguard Engebretson Leah Cascade Bay Lifeguard Fitzpatrick Kristen Cascade Bay Lifeguard Fix Austin Cascade Bay Lifeguard Fortuna Gabriella Cascade Bay Lifeguard Foster Megan Cascade Bay Lifeguard Garin Meghan Cascade Bay Lifeguard Gartner Danielle Cascade Bay Lifeguard Gittus Evan Cascade Bay Lifeguard Gleason Matt Cascade Bay Lifeguard Gutknecht Emily Cascade Bay Lifeguard Hafstad Landon Cascade Bay Lifeguard Hagestad Grace Cascade Bay Lifeguard Huusko Tyler Cascade Bay Lifeguard Johnson Christina Cascade Bay Lifeguard Knutson Sarah Cascade Bay Lifeguard Knutson Amanda Cascade Bay Lifeguard Koepsell Austin Cascade Bay Lifeguard Leighton Bill Cascade Bay Lifeguard Leonard Taylor Cascade Bay Lifeguard Lough Zach Cascade Bay Lifeguard Lund Gregory Cascade Bay Lifeguard McGuire Kelsey Cascade Bay Lifeguard Miller Robert Cascade Bay Lifeguard Miller Brandon Cascade Bay Lifeguard Narum Christopher Cascade Bay Lifeguard 00 Nguyen Sarah Cascade Bay Lifeguard O'Brien Michaela Cascade Bay Lifeguard Olson Kelsey Cascade Bay Lifeguard Olson Kenneth Cascade Bay Lifeguard Peterson Logan Cascade Bay Lifeguard Pugh Ian Cascade Bay Lifeguard Raney Drew Cascade Bay Lifeguard Ronchak Drew Cascade Bay Lifeguard Schornak Rachel Cascade Bay Lifeguard Segar Oscar Cascade Bay Lifeguard Smith Trenton Cascade Bay Lifeguard Srikanth Shivani Cascade Bay Lifeguard Stefani Kyle Cascade Bay Lifeguard Streed David Cascade Bay Lifeguard Sundry Zach Cascade Bay Lifeguard Tozier Betsy Cascade Bay Lifeguard Voss Griffin Cascade Bay Lifeguard Walker Grace Cascade Bay Lifeguard Westphal Jacob Cascade Bay Lifeguard Winge Carl Cascade Bay Lifeguard Cairo Kevin Cascade Bay Lifeguard Instructor Clawson Tom Cascade Bay Lifeguard Instructor Engebretson Hanna Cascade Bay Lifeguard Instructor Esslinger Evan Cascade Bay Lifeguard Instructor Zabarowski Alyssa Cascade Bay Lifeguard Instructor Busch Kristen Cascade Bay Pool Attendant Ehrlich Katie Cascade Bay Pool Attendant Everson Emily Cascade Bay Pool Attendant Gallo Vincent Cascade Bay Pool Attendant Gazich Ryan Cascade Bay Pool Attendant Granat Christopher Cascade Bay Pool Attendant Hamand Katharine Cascade Bay Pool Attendant Hamand Audrey Cascade Bay Pool Attendant Hlas Rachel Cascade Bay Pool Attendant Holt Karly Cascade Bay Pool Attendant Lane Marissa Cascade Bay Pool Attendant Lough Megan Cascade Bay Pool Attendant Mellum Mackenzie Cascade Bay Pool Attendant Merritt Melissa Cascade Bay Pool Attendant Nelson Colin Cascade Bay Pool Attendant Nelson Gretchen Cascade Bay Pool Attendant J, O'Shea Michael Cascade Bay Pool Attendant Peterson Linnea Cascade Bay Pool Attendant Reis Caitlin Cascade Bay Pool Attendant Rupp Jessica Cascade Bay Pool Attendant Stock Katie Cascade Bay Pool Attendant Wagoner Drew Cascade Bay Pool Attendant Werner Erika Cascade Bay Pool Attendant Wollin Justin Cascade Bay Pool Attendant Wyss Kaylee Cascade Bay Pool Attendant Ja Agenda Information Memo June 4, 2013 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated May 17, 2013 as presented. ATTACHMENTS: • Check registers dated May 17, 2013 are enclosed without page number Agenda Information Memo June 4, 2013 Eagan City Council Meeting D. Approve resolution adopting and authorizing implementation of the performance measures developed by the Council on Local Results and Innovation ACTION TO BE CONSIDERED: To approve a resolution adopting and authorizing implementation of the performance measures developed by the Council on Local Results and Innovation. FACTS: • The 2010 State Legislature enacted legislation calling for the Council on Local Results and Innovation (CLRI) to establish a standard set of performance measures for cities. • The performance measures are intended to aid residents, taxpayers, and state and local elected officials in determining the efficacy of cities in providing services. • The CLRI established these performance measurements and solicits voluntary participation each year through the Office of the State Auditor. To participate, the City must annually approve a resolution adopting the measures. • In addition to the results generated from participation, benefits to participating cities include remuneration of $0.14 per capita and exemption from levy limits; however, because the newly adopted levy limits are in an uncodified section of State law, the levy limit exemption under this program does not apply. • Sufficient flexibility exists to allow a city to participate on both a cost - effective and activity- specific basis. • The City Council passed the same resolution in 2011 and 2012 and participated in the program. The required community survey was completed via the web site in conjunction with the League of Minnesota Cities. The City received $8,989 in LOA in January 2012, and $8,989 in December 2012 for its participation those two years. ATTACHMENTS: • Enclosed is a copy of the resolution on pages d5 and o� • Enclosed on pages ��' "1 through J9 is a copy of the survey results for 2011. A CITY OF EAGAN RESOLUTION NO. 13- RESOLUTION APPROVING PERFORMANCE MEASURES WHEREAS, the State Legislature created the Council on Local Results and Innovation; and WHEREAS, Eagan has implemented a local performance measurement system as developed by the Council on Local Results and Innovation; and WHEREAS, Eagan surveys its residents every other calendar year on services included in the performance benchmarks; and WHEREAS, the Council on Local Results and Innovation released a standard set of performance measures for counties and cities that will aid residents, taxpayers and state and local elected officials in determining the efficacy of counties and cities in providing services and measure residents' opinions of those services; and WHEREAS, cities and counties that choose to participate in the new performance measurement program may be eligible for a reimbursement from Local Government Aid and exemption from levy limits. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eagan does hereby approve the following Performance Measures and will publish the results of the Performance Measures before the end of the calendar year. Performance Indicator General Citizen survey - quality of services Citizen survey - overall appearance Percent change in the taxable property market value Police Citizen survey rating safety or ...Part I and II crime rates Police response times Fire Citizen survey - quality of services or ISO rating Fire response times Streets Citizen survey - quality of road conditions or... Average pavement condition rating. Citizen survey - quality of snow plowing Water Citizen survey - quality and dependability 05 Operating cost per million gallons Sanitary sewer Citizen survey - quality and dependability Number of sewer blockages Parks and Recreation Citizen survey - quality of services APPROVED by the City Council of the City of Eagan, Minnesota, this 4th day of June 2013, ATTEST: Deputy City Clerk CITY OF EAGAN IM 1)(P Mike Maguire, Mayor !0 u C E u p, o p FI `o b ll� Q G b b v V wi a C C f, s DI-1 M c i O C �a c n m 0 u n c a y A 0_ b a p yN m p o N `p 9 a w a 12 E g e o V i N rte+ a d C fi 12 a � c c b a D ED N d Im a W W tai N 6 Q `T � w o m o c N12 a 41 E 'G ° @ A V Am yy S a 1 6ITLWd C- 6kl 16 � W6 U9 w b 0 v * T .p * m S g `a o € E °� rn° o o coo r x E tl o o 'II ,a o• c s-A c n z 1. 'd o J.5 ,w tm Zw o •5 �° a {a N v � U o y C a a 8 g ,u� V d o E aNN a } o f o. o d a C3 c� c rpn O w U IL ` a d` d DI-1 M c i O C �a c n m 0 u n c a y A 0_ F- r M cil O Zl A r in a bl O HI -t E ml Q C 51 uil -0 E .2 OE Z5 .15 mo d r l 0 ZP Z" el m P6 CL z th R 0 0 0 tc . � / Fs 12 CV 16 .41 u • Agenda Information Memo June 4, 2013 Eagan City Council Meeting CONSENT AGENDA: E. AUTHORIZE SUBMITTAL OF COMMENTS REGARDING HOPE APPLICATION FOR CDA WORKFORCE TOWNHOME PROJECT ON JURDY ROAD ACTION TO BE CONSIDERED: To authorize the Submittal of Comments regarding a HOPE funding application for the CDA Workforce Townhome Project on Jurdy Road. FACTS: At its meeting of May 7, 2013, the City Council approved the Planned Development application for a Dakota County CDA 50 unit Workforce Townhome development near LeMay Lake on Jurdy Road. One of the funding sources for the project is the HOPE Program, which provides gap financing to projects that create or preserve affordable housing in communities. As a part of the application process for this fund, the City in which the project is located is given the opportunity to submit comments in its regard. A letter summarizing comments made by the Council at May 7th meeting has been drafted and is attached. ATTACHMENTS: • Project Description on page E9 • Proposed Letter to CDA on page 3 c-� Attachment D The proposed development will contain 50 townhome style units within 10 buildings. The unit mix will include 3 one - bedroom units, 22 two - bedroom units, and 25 three - bedroom units. Unit sizes will range from 1,161sf for a one bedroom unit to 1,719sf for a three bedroom unit. Currently proposed rents are $595 for 1 BR units, $655 for 2BR units, and $710 for 3 BR units. This level of affordability will serve to promote greater housing stability for residents and provide greater opportunity to save toward future housing needs. Construction materials will be durable and provide increased energy efficiency for the residents. Materials include Hardi Board fiber cement siding, architectural grade shingles, and Energy Star rated windows and appliances. Amenities for residents include central air conditioning, patios, an attached single stall garage, and access to a common area tot lot, gazebo, and basketball court. The site is located along the shoreline of LeMay Lake in Eagan. The CDA is proposing to deed the shoreline area back to the City for the expansion of the existing Moonshine Park, adjacent to the development site. This will provide an additional amenity for development and city residents alike. The size of the site is approximately 24 acres, which includes a large area within LeMay Lake. The size of the site will be reduced with the proposed conveyance of land to the City. Site density will meet current site zoning for multifamily development and will not exceed density requirements for HOPE funding. City of Eagan Mike Maguire Mayor Paul Bakken May 30, 2013 Cyndee Fields Gary Hansen Meg Tilley Mark Ulfers Dakota County Community Development Agency Council Members 1228 Town Centre Dr Eagan, MN 55123 Dave Osberg City Administrator Dear Mr. Ulfers: ThaAk you for the notification that the CDA will be applying for HOPE funding for the workforce townhome project located in the City of Eagan on Jurdy Road. The City appreciates the opportunity to comment on this application. Municipal Center As you are aware, in its approval of the development application for the project, 3830 Pilot Knob Road the City Council expressed support for the Dakota County CDA in its efforts to meet the range of housing needs for residents of the community and their support Eagan, MN 55122 -1810 for the Jurdy Road project in particular. As you indicated at that time, there is a 651.675.5000 phone long waiting list of prospective tenants interested in living and working in the fax 6554.8 City of Eagan and the Jurdy Road project presents that opportunity to meet the 651.4454.8 5335 5 TDD needs of 50 of those families. In consideration of those facts, at its meeting of June 4, 2013, the Eagan City Maintenance facility Council authorized submittal of these comments in support of the application in 3501 Coachman Point this regard. If you have any questions concerning the City Council action or this Eagan, MN 55122 letter, please let me know. 651.675.5300 phone 651.675.5360 fax Sincerely, 651.454.8535 TDD David M. Osberg www.cityofeagan.com City Administrator The Lone Oak Tree The symbol of strength and growth in our community. �� Agenda Information Memo June 4, 2013 Eagan City Council Meeting F. CLEAN WATER PARTNERSHIP AGREEMENT BLACKHAWK LAKE PROTECTION PROJECT ACTION TO BE CONSIDERED: Approve a Clean Water Partnership Grant Agreement with the Minnesota Pollution Control Agency (MPCA) for the Blackhawk Lake Protection Project. FACTS: • The MN Legislature authorized creation and funding of the Clean Water Partnership (CWP) Program (Minn. Stat. §103F.701 to 103F.761) through MPCA in 1987. The CWP Program focuses on control of nonpoint source pollution through watershed management to protect and improve surface and ground water. It provides financial assistance through grants and loans and technical assistance to local units of government to lead pollution control projects. The CWP Program supports studies of water bodies with pollution problems, development of action plans to address problems, and implementation of plans to fix identified problems. CWP funds also are used for studies or projects to protect water bodies that meet MN water quality standards. • Nonpoint source pollution comes from many sources, such as construction sites, paved surfaces, failing septic systems, and over - fertilized lawns, that contribute huge quantities of phosphorus, bacteria, sediments, nitrates and other pollutants to the environment and that represent the largest combined threat of the state's water pollution. • CWP projects require large commitments of time and effort by participants, including matching grant money with cash or in -kind services. Local units of government must sponsor and act as fiscal agents. • MPCA has awarded the City of Eagan four CWP grants for lake diagnostic studies and implementation plans: 1) $93,974 for Schwartz Lake (1994); 2) $48,985 for Fish Lake (1995); 3) $55,276 for Blackhawk and Thomas Lakes (2010), and $167,000 for "Neighborhood Lakes" (2012), which was the only grant awarded to a city that year. Eagan also received a $51,250 CWP loan (1997) to construct the Fish Lake alum treatment facility. • Responding to the MPCA's classification of Fish and Schwartz Lakes as impaired (excessive phosphorus), the city also obtained a $90,000 grant to complete required Total Maximum Daily Load plans (2010). • Eagan's Water Quality & Wetland Management Plan (2007) directs that management plans be developed for priority lakes. Such plans result from studies that evaluate water quality, assess total phosphorus affecting each system, and identify projects and activities to address needs and to protect and improve lakes. After adopting plans, the city may include recommended projects in its 5 -year public works capital improvements program. The MPCA approved Blackhawk and Thomas Lakes Management Plans on December 3, 2012. • On February 19, 2013, the city council authorized submittal of an application to the MPCA for a CWP grant entitled `Blackhawk Lake Protection Project." • "Blackhawk Lake Protection Project" would implement some recommendations of the Blackhawk and Thomas Lakes Management Plans that identified the campus of Black Hawk Middle School and Deerwood Elementary School with the potential to provide cost effective reductions of stormwater phosphorus loading to Blackhawk Lake. The city would partner with school administration, faculty, students, and Climb Theatre of Mendota Heights to enhance community stewardship of the lake and watershed. The partnership would develop educational programs and materials for the school community and would develop opportunities for community education and involvement in site analyses, and for design, installation, and maintenance of selected practices. • On May 1, the MPCA awarded Eagan a $46,500 grant for the project. The proposal was one of 16 chosen to be funded and the only grant awarded to a city this year. Besides the state grant, the project's $100,500 budget includes matching cost -share of $23,000 from Eagan's stormwater utility fund, $26,000 in -kind city staff services, and $5,000 proposed cash from the Gun Club Lake Watershed Management Organization. • Both schools' principals, Messrs. Haugen and Wendorff, have endorsed the project. '-35 Agenda Information Memo June 4, 2013 Eagan City Council Meeting G. CONTRACT 13 -12, CEDAR GROVE PARKWAY TRAIL & LIGHTING IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the bids and award Contract 13 -12 (Cedar Grove Parkway — Trail & Lighting Improvements) to Frattalone Companies, Inc. for the Base Bid in the amount of $423,532.80 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 13 -12 provides for trail and boulevard lighting improvements on the south side of Cedar Grove Parkway (Nicoll Road to Rahn Road) within the Cedar Grove Redevelopment Area in northwest Eagan (City Project No. 888). • On June 7, 2011, the City Council approved the 5 -Year Capital Improvement Plan (2012- 2016), and authorized the preparation of detailed plans and specifications for these improvements and construction in 2012. • The installation of these improvements were delayed to the 2013 construction season to coincide with other infrastructure and development in the Cedar Grove Redevelopment Area, specifically the relocation of existing overhead electrical power lines and appurtenances. • On April 16, 2013, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 13 -12. At 10:30 a.m. on May 30, 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 Frattalone Companies, Inc. have been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENT: • Bid Summary Tabulation, page 3� �q BID SUMMARY CEDAR GROVE PARKWAY TRAIL & LIGHTING IMPROVEMENTS CITY CONTRACT 13 -12 CITY PROJECT 888 Bid Date/ Time: 10:30 a.m., Thursday, May 30, 2013 G: Council — Current Items /2013/ 13 -12 Bid Summ Attach Agenda Information Memo June 4, 2013 Eagan City Council Meeting H. 5 YEAR CAPITAL IMPROVEMENT PLAN, 2014 -2018 (PART III, PUBLIC WORKS INFRASTRUCTURE) ACTION TO BE CONSIDERED: Adopt the 5 -year Capital Improvement Plan for Public Works Infrastructure, Part III (2014 -2018) and authorize the initiation of the public improvement process for the 2014 programmed improvements. FACTS: • At the Council Workshop held on May 14, 2013, the Public Works Department presented a draft of their proposed 5 -year Capital Improvement Plan (CIP) for 2014- 2018. After a detailed review and discussion, the Council concurred with the proposed CIP as presented and directed it to the June 4 Council meeting for consideration of formal adoption. • While the total 5 -year CIP amounts to $62.9 million in obligations, the first year proposed improvements (2014) amount to approximately $16.1 million, nearly 57% more than the 5 year average for proposed improvements. A summary of the 2014 proposed improvements and a location map is included as a separate section of the overall CIP. • A variety of proposed street and utility improvements have been included as part of the 5 -year Public Works CIP, some in anticipation of a significant development proposal (Lockheed Martin/CSM site) and other smaller developments. The inclusion of these improvements within the CIP is only for advance planning and financing purposes. All of these CIP improvements are pending City Council approval of the related developments. • With the adoption of this 5 -year Public Works CIP and authorization to initiate the public improvement process for the 2014 projects, it will allow the necessary coordination with other agencies and the appropriate studies, notices and hearings to be completed in 2013 with the solicitation of bids in early 2014 providing for the best opportunity of competitive prices. • A copy of the final adopted CIP will be placed in the Wescott Library and posted on the City's web site for easy reference by all interested parties. ATTACHMENTS: • Summary of Proposed 2014 Improvements, pages �� through Z3 • 5 -year Public Works CIP (2014- 2018), 3- ring- binder. City of Eagan 2014 Public Works Department Part III CIP Street / Highways Proj # Total CIP Transportation - other Carnelian Park - parking lot 22- 140177 11,600 Oleary Park - parking lot 22- 140178 17,300 Police Firing Range - pakring lot 22- 140179 1,200 Fire Station #1- parking lot 22- 140180 1,600 Walden Heights Park - parking lot 22- 140181 2,300 Southern Lakes - reservoir lot 22- 140182 6,700 40,700 Arterial & Collector P Highway 149 (Hwy 55 to 1 -494) 22- 140022 2,450,000 P Highway 55/149 (Hwy 149 5 to 149 N) 22- 140023 3,600,000 6,050,000 Local Streets P1114 Cedar Grove 7th /Ken Applebaum 22- 140052 628,960 P Stonebridge Ponds (Granite Dr /Ct) 22- 140061 38,280 P Cedar Grove 6th, 9th -11th 22- 140062 617,314 P Nicols Rd (Silver Bell Rd to Burnsville border) 22- 140064 353,600 P Cedar Grove 5th 22- 140066 598,096 P Whispering Woods 9th /12th (Wall St) 22- 140071 103,624 P Alden Pond 22- 140072 109,800 P Oakwood Heights 2nd Addn 22- 140075 57,304 2,506,978 Trails P Access and Internal Park Trails overlay 22- 130126 276,800 P Long Meadow Lk Bridge (trail over Minn River) 22- 140129 75,000 P Carnelian Ln (Halite to Blackhawk) 22- 140130 30,000 P Galaxie Ave (Narvik to Apple Valley Border) 22- 140131 94,000 P Central Pkwy (Yankee Doodle to Pilot Knob) 22- 140133 250,000 P Cliff Rd (520'E of Nicols to 370'E of Rahncliff) 22- 140134 47,300 P Pilot Knob Rd (35E to 540'N of Deerwood Dr) 22- 140135 105,000 P Pilot Knob Rd (Knob Dr to Diffley Rd) 22- 140136 15,400 P Pilot Knob Rd (Yankee Doodle to Diffley) 22- 140137 178,360 P Yankee Doodle Rd (300'W of Heritage to Heritage) 22- 140138 6,000 P TH 149 (TH 55 to Eagan Limits) 22- 140140 72,000 P TH 55 (TH 149 S to TH 149 N) 22- 140141 100,000 P Blackhawk Rd ( Diffley Rd to I -35E) 22- 140295 175,000 1,424,860 Sealcoat Maintenance Sealcoat Maintenance 22- 130159 592,000 592,000 r� City of Eagan 20 .4. Public Works Department Park: III CIP Intersection Improvements Flashing yellow arrows 22- 130263 100,000 P Northwest Parkway / TH 149 /Blue Gentian Rd 22- 140267 250,000 P TH55/TH149 (north) intersection modifications 22- 140268 250,000 P Lone Oak Parkway /TH149 - signal modif 22- 140269 250,000 P 1494/TH149 (south) - intersection modifications 22- 140271 250,000 P TH55/TH149 (south) - intersection modifications 22- 140272 250,000 P Lone Oak Rd /TH55 intersection modifications 22- 140273 250,000 P TH 13 /Silver Bell Rd- signal modifications 22- 140274 25,000 P Silver Bell Rd /Nicols Rd- signal modifications 22- 140275 25,000 1,650,000 Subtotal Street / Highways 12,264,538 Utilities Streetlighting Traffic Signal Painting 63- 130231 14,500 Street Light Painting 63- 130232 10,500 Wilderness Run (Pilot Knob - Lexington Ave) - 4 each 63- 140228 8,000 Wilderness Run (Lexington - Dodd) - 12 each 63- 140229 24,000 Dodd Rd & Granite Dr 63- 140230 3,000 60,000 Water: Trunk Distribution Pressure Reduction Station at Parkridge Dr 61- 140009 100,000 100,000 Water: Oper. & Facilities Municipal Well Rehabilitation 61- 140001 110,000 SCADA renewal and update 61- 140002 100,000 Meter Changeout Program 61- 140003 104,000 Sperry Tower Rehab 61- 140004 550,000 NTP Chemical Feed System 61- 140005 20,000 CM Campus Backup Generator 61- 140006 1,000,000 New Municipal Water Wells 61- 140007 500,000 2,384,000 San: Oper. & Facilities Sewer lining for root and I &I control 62- 140001 135,000 Lift station improvement 62- 140002 600,000 SCADA renewal and update 62- 140003 100,000 835,000 Storm: Trunk Conveyance DP -18 Orifice Installation 64- 140003 10,000 LP -61 to LP -34 (200 LF, 12) Oak pond 64- 140004 10,000 20,000 U) R City of Eagan 2014 Public Works Department Part III CIP Storm: Oper. & Facilities General storm infrastructure maintenance 64- 140001 30,000 SCADA renewal and update 64- 140002 60,000 90,000 Subtotal Utilities 3,489,000 Water Quality Water Quality - lakes, ponds and wetland P Blackhawk Lake implementation project 65- 140010 47,000 P Water Quality Cost -Share Partnership Grants 65- 140011 62,500 P Ponds FP -1.05, FP -15, FP -15.1 modifications 65- 140012 35,000 P Pond CP -3 (wetland) sediment removal 65- 140013 30,000 P Pond AP -2 (storm basin) sediment removal 65- 140015 35,000 Schwanz Lake Storm Sewer Improvements 65- 140016 20,000 P Ponds BP -13A, BP -39, BP -40 Improvements 65- 140018 30,000 P Pond JP -47.2 (storm basin) sediment removal 65- 140019 50,000 P Ponds FP -1.1, FP -1.11, FP -1.12, FP -1.13, etc 65- 140020 35,000 344,500 Subtotal Water Quality 344,500 Total 2014 PW Part III CIP 16,098,038 �cl Agenda Information Memo June 4, 2013 Eagan City Council Meeting I. SNOW & ICE CONTROL POLICY ACTION TO BE CONSIDERED: Approve revisions to the current Snow & Ice Control Policy. FACTS: • On December 20, 1999 the City Council adopted a formal Snow & Ice Control Policy to govern and guide this service delivery program. The adoption of a formal policy was recommended by the League of Minnesota Cities Insurance Trust to help protect the discretionary immunity provided to municipalities against claims relating to those actions and activities under that program. It was last updated on June 7, 2011. • The current update focuses on limiting snow plow operators to 12 -hour shifts in any 24- hour period for safety purposes. This schedule limitation may be deviated from at the discretion of the Transportation and Operations Engineer or designee when in his /her judgment it is in the best interest of the city or is necessary because of budget needs, weather conditions or other circumstances ATTACHMENTS: • Copy of the updated Snow & Ice Control Policy, attached without page numbers. �to Agenda Information Memo June 4, 2013 Eagan City Council Meeting J. WINTER TRAIL MAINTENANCE PROGRAM ACTION TO BE CONSIDERED: Approve Specific Additions and Modifications to the Winter Trail Maintenance Program as endorsed by consensus at the May 14, 2013, Council Workshop. FACTS: • In 1998, the City implemented a comprehensive Winter Trail Maintenance Program providing for the snow removal of approximately 50% of the City's transportation trail system adjacent to collector and arterial streets. The current program consists of 70.45 maintained miles of a total 116.49 mile system (60.5 %). • Part of that program includes a policy that, among other things, stipulates that the Council will review all requests and new additions for possible modification of the most current adopted plan. In 2003, the Council amended its Policy to require that all future requests be reviewed by the Council at the first available work session after April 1st before formal consideration at a regular Council meeting. • At the May 14 Council Workshop, the Council received and considered five segments for additional maintenance resulting from 4 Citizen Petitions (CP) and 1 New Trail (NT) segment (under construction in 2013). As a result of that workshop discussion, the following endorsements were reached by consensus: 1. CP #1 (Diffley Road — South Side from Lexington Avenue to Dodd Road) Endorsed — The Council concurred with the petition and directed staff to add the new trail segment, on the south side of Diffley Road from Lexington Avenue to Dodd Road, to the Winter Trail Maintenance Program. Add 6,520 feet (1.23 mi) as a Priority Level 4 route. 2. CP #2 (Wescott Rd — North Side from Lexington Avenue to Elrene Road) Endorsed - The Council concurred with a portion of the petition and directed staff to add a new trail segment, on the north side of Wescott Road from Woodlands Elementary to Elrene Road, to the Winter Trail Maintenance Program. The Council concurred that the remainder of the petitioned segment on the north side of Wescott Road from Lexington Avenue to Woodland Elementary be discussed at a future Public Works Committee meeting. Add 2,640 feet (0.5 mi) as a Priority Level 1 route. 3. CP #3 (Slater Acres Park) Denied — The Council directed that this trail segment not be added to the Winter Trail Maintenance Program. 4. CP #4 ( Towerview Rd — North side from Red Cedar Road/Woodlark Lane to Pilot Knob Road) Endorsed — The Council concurred with the petition and directed staff to add the new trail segment, on the north side of Towerview Road from Red Cedar Road /Woodlark Lane to Pilot Knob Road, to the Winter Trail Maintenance Program. Add 1,460 feet (0.28 mi) as a Priority Level 4 route. 5. NT #1 (Crestridge Drive — West /South Side from Duckwood Drive to Pilot Knob Road) Endorsed — The Council directed staff to add this new 6 -foot wide concrete sidewalk segment, on the west /south side of Crestridge Drive from Duckwood Drive to Pilot Knob Road, to the Winter Trail Maintenance Program. Add 850 feet (0.16 mi) as a Priority Level 3 route. • The result of the Council's deliberative evaluation will add a net increase of 11,470 ft (2.17 miles) to the current Winter Trail Maintenance Program to be performed with in -house resources. This information was then directed to the June 4 regular meeting for consideration of formal adoption. ATTACHMENTS: • Location map of all segments, enclosed on page to 1- ) Agenda Information Memo June 4, 2013 Eagan City Council Meeting K. AMERICANS WITH DISABILITIES ACT (ADA) TRANSITION PLAN ACTION TO BE CONSIDERED: Acknowledge the purpose and need for an Americans with Disabilities Act (ADA) transition plan for the City of Eagan and authorize the implementation of the transition plan process. FACTS: • The Americans with Disabilities Act (ADA), enacted on July 26, 1990, is a civil rights law prohibiting discrimination against individuals on the basis of disability. The ADA consists of five titles outlining protections in the following areas: • Employment • State and local government services • Public accommodations • Telecommunications • Miscellaneous Provisions • Title II of the ADA is a section that pertains to the programs, activities and services public entities provide. Because the City of Eagan provides public services and programs, the organization is obligated to comply with this section of the Act as it specifically applies to public service agencies and transportation agencies. Title 11 of the ADA provides that, "...no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity." (42 U.S.C. Sec. 12132; 28 C.F.R. Sec. 35.130) • Title 11 of the ADA requires the City to conduct a self- evaluation of its facilities and develop a "transition plan" detailing how the organization will ensure that all of its facilities, services, programs and activities are accessible to all individuals. • The Minnesota Local Road Research Board (LRRB) has funded the development of an "ADA Resource Guide for Local Agencies." This guide includes a model transition plan and process strategy for providing accessibility within the public right of way that local agencies can use to develop their own transition plan. • In order to comply with the required transition plan process, City staff will review the LRRB guide, identify completed ADA improvements on past City projects and review the transition plan requirements with the City Attorney's office. Once this is completed, City staff would provide an overview of the proposed scope and timeline for the preparation of the transition plan. Council action would be requested at that time to authorize the preparation of the transition plan. • An inventory of the accessible features of all existing pedestrian facilities within the City's jurisdiction would be required as part of the plan process. This would include not only the City's public right -of -way, but also all parks and City buildings. Involvement of the public will be an important component of the process. • At the May 14, 2013, Council Workshop, after a detailed review and discussion, the Council concurred with the proposed transition plan process and directed formal consideration to the June 4 Council meeting. L Consent Agenda Information Memo June 4, 2013 City Council Meeting L. PURCHASE AGREEMENT — CITY OF EAGAN FOR LAND AT 4232 BLACKHAWK ROAD; ARCHITECTURAL CONSULTING AGREEMENT ACTION TO BE CONSIDERED: Approve the Purchase and Sale Agreement with Eagan Pointe Senior Living, LLC for the acquisition of approximately 4.3 acres of land and authorize the Mayor and Clerk to execute the same. Approve contract with CNH Architects for architectural and sustainability concept design and authorize the Mayor and Clerk to execute the same. If approved this item will be sent to the Finance Committee to discuss the funding sources staff has identified which include but not limited to: • Fire Apparatus Fund • General Fund Balance o Other FACTS: A. Purchase Agreement Discussion: • The City Council had previously authorized the city attorney to negotiate for the purchase of approximately 4.3 acres of land located at 4232 Blackhawk Road for the purpose of land banking for a potential future consolidated fire station site. • The Fire Department had previously identified this area as a possible site for a future consolidated fire station that would incorporate the operations of several existing fire stations into one new facility. • The land would be purchased from Eagan Pointe Senior Living, LLC for a purchase price of $625,000. • As part of the purchase agreement, the seller has agreed to grade the entire site to accommodate ponding and other site needs as agreed upon with City Staff. • As part of the Purchase Agreement, the City has agreed to be responsible for any tree mitigation on the lot that it acquires. B. Contract with CNH Architects: • In order to accurately perform the grading, the city needs to determine the exact footprint of the proposed future facility. • Staff has worked with CNH Architects to come up with a proposal for basic conceptual design architectural services for grading purposes. X41 • CNH Architects would analyze the building footprint, site access, grading design and prepare an architectural and sustainability concept design for review. • CNH Architects is proposing a fee of $25,800 for these services. * * The purchase terms can be discussed at a closed session if so desired. ATTACHMENTS: • Enclosed without page numbers is a copy of the proposed purchase agreement and scope of work from CNH architects. q b PURCHASE AND SALE AGREEMENT sr THIS PURCHASE AND SALE AGREEMENT ( "Agreement ") entered into this 21 day of May, 2013, which is the date this Agreement is fully executed by both Seller and Buyer ('Effective Date "), between EAGAN POINTE SENIOR LIVING, LLC ( "Seller "), and CITY OF EAGAN. ( "Buyer "). 1. Property Subject to Sale. Subject to the terms and conditions hereinafter set forth and for the consideration stated herein, Seller agrees to sell, assign and convey, and Buyer agrees to purchase and accept from Seller, all of Seller's right, title and interest in and to the following described property (collectively, the "Property "): (a) The land located at 4232 Blackhawk Drive, Eagan, Minnesota, containing approximately 4.3 acres, together with all hereditaments and easements appurtenant thereto as outlined in the Preliminary Site Plan attached hereto as Lot 2 in Exhibit A -1 (the "Property "). (b) All improvements and fixtures in, upon and under the land (the "Improvements "), if any; (c) Any and all personal property owned by Seller and used in the operation and maintenance of the Property and/or Improvements (the "Personal Property "), if any; and (d) All Seller's right, title and interest in and to all assignable licenses, permits, certificates, approvals, authorizations and variances issued for or with respect to the Property by any governmental authority and/or third party to the extent assignable (the "Licenses "), if any. 2. Purchase Price. The purchase price for the Property (the "Purchase Price ") shall be Six Hundred and Twenty -five Thousand and No /100 Dollars ($625,000.00). Buyer shall pay the Purchase Price subject to adjustments, and the prorations and obligations of each party as set forth in this Agreement), in full to Seller at the Closing. Payment shall be made in immediately available U.S. funds. 3. Acknowledgement and Contingency. The parties hereto acknowledge that Seller has entered into a Purchase Agreement to purchase the entire parcel shown on Exhibit A -1 (hereafter referred to as "Entire Parcel ") which includes the Property. Performance under this Purchase Agreement is contingent upon Seller completing the purchase of the Entire Parcel, and all representations, warranties and deliveries of, or required by, Seller hereunder are contingent upon the completion of the purchase of the Entire Parcel, 4. Site Work/Roadway. Prior to the Closing Date, Seller shall, at the Seller's sole expense, grade the Entire Parcel to an elevation in conformity with the grading plan attached hereto as Exhibit A, to accommodate ponding and other site needs, and shall construct, at Seller's sole cost and expense, a public street across portions of the Entire Parcel at a location suitable to the City Engineer (collectively the "Site Work "). The legal description and exact area of the Property, together with the legal description and exact configuration and location of the street, will be determined by City and the Seller as Seller proceeds with an application to subdivide and plat the Entire Property. All costs associated with the subdivision and platting, including, but not limited to, sanitary lateral charges, water lateral charges, and costs of installation of all utilities shall be at Seller's sole cost and expense. Buyer shall be responsible for sanitary area charges, water area charges, trail dedication, tree mitigation, and park dedication. X1(0 5. Seller's Deliveries and Buyer's Investigation. (a) Seller's Deliveries. Within ten (10) days after the Effective Date hereof, Seller shall deliver to Buyer, to the extent said documents are within Seller's custody or control, true copies of the following records and to Buyer (or in the event the size or bulk of the items make it impractical to deliver, Seller shall make appropriate arrangements for Buyer to review such documents and records at a location reasonably acceptable to Buyer and Seller): (i) leases, tenancies or other right of occupancy, which currently affect all or any portion of the Property and a current rent roll for the Property; (ii) any and all environmental audits, tests or reports and other similar documents regarding the environmental condition of Property, and any other records or reports concerning the physical condition of the Property; (iii) all building permits, surveys, site plans, architectural plans and elevations, development or marketing studies, certificates of occupancy, rental licenses, notices of completion, soil reports, engineering or laboratory or other technical reports relating to the Property or any condition on or affecting the Property; and (iv) all agreements with third parties, governmental agencies and utility companies, if any, relating to the Property, and all Licenses with respect to the Property or any use of the Property. If the title is not made marketable within sixty (60) days, this Agreement shall be null and void, at the option of the Buyer. (b) Title Insurance. No later than sixty (60) days prior to the Closing Date Seller, at its sole cost and expense, shall deliver to Buyer (a) a current title insurance commitment issued by Commercial Partners Title, Minneapolis, Minnesota, including copies of all recorded exceptions to title referred to therein, and including searches covering bankruptcies, state and federal judgments and liens, real estate taxes and levied and pending special assessments, committing to insure title to the Property in Buyer, in the amount of the Purchase Price, by issuance of an ALTA policy of title insurance, and (b) a current ALTA survey setting forth the boundaries and area of the Property and the location and configuration of the Easement (hereafter, collectively, the "Title Commitment "). Buyer shall have ten (10) days following receipt of the Title commitment for examination of title and making of any objections; said objections shall be made in writing or are deemed to be waived. If any objection is made, Seller shall be allowed sixty (60) days to make title marketable. Pending correction of title the Closing and the payments due hereunder shall be postponed. Upon correction of title, and within ten (10) days written notice to Buyer, the Parties shall perform this Agreement according to its terms. 6. Representations and Warranties. Seller hereby warrants and represents to Buyer as follows: (a) Authority. This Agreement has been, and all the documents required in connection with the conveyance of the Property to be delivered by Seller to Buyer at Closing will be, duly authorized, executed, and delivered by Seller and are or will be legal, valid, and binding obligations of Seller and the conveyance of the Property will not violate any applicable statutes, ordinances, restrictions and/or agreements; (b) FIRPTA. Seller is not a "foreign person" within the meaning of Sections 1445(f)(3) and 7701(a)(30) of the Internal Revenue Code and that Seller will furnish to Buyer, at or prior to Closing, an affidavit in form satisfactory to Buyer confirming the same; (c) Full Authority. As of Closing, no persons or entities other than Buyer shall have any right to possession or use of the Property by, through or under Seller for any reason V whatsoever, except for those rights of tenants conferred pursuant to the Assumed Leases; (d) Mechanic's Liens. All labor and materials, which have been provided to the Property and will be fully paid for, prior to Closing Date. (e) Utilities. Utilities, gas, sanitary and storm sewer and water lines are available to the Property. (f) Storage Tanks. There are no above ground or underground storage tanks that are located on, in or about the Property. (g) Wells and Septic. Seller knows of no wells on the Property. At the Closing Date, Seller will deliver any required Well Certificate pursuant to applicable laws. (h) Sewage Treatment Systems. There is no individual sewage treatment system(s) within the meaning of MINN. STAT. § 115.55 on or serving the Property. The express representations and warranties made in this Agreement shall not merge into any instrument or conveyance delivered at the Closing, and as such, shall survive the closing of this transaction. No representation or warranty made herein by Seller, nor any statement, information or document given or to be given by Seller to Buyer contains any untrue statement of material fact or omits to state a material fact necessary to make the statements contained herein not misleading. 7. Buyer's Representations, Warranties and Covenants. Buyer is a municipal corporation duly organized and in good standing under the laws of the State of Minnesota and has full right, power and authority to enter into this transaction. (a) The persons signing this Agreement on behalf of Buyer have been duly authorized to sign this Agreement and to bind the Buyer. (b) The signing of this Agreement, and the performance of the obligations and duties imposed upon Buyer by this Agreement, will not violate or cause a breach in any other agreement, arrangement, order or ordinance to which Buyer is a party or to which it is subject. 8. Buyer's Contingencies and Conditions to Closing (hereinafter the "Due Diligence. ") Buyer's obligation under this Agreement are specifically contingent upon the following, which must be satisfied to Buyer, in Buyer's sole discretion, prior to the Closing Date: a. Site Approval. Buyer shall have determined, in Buyer's sole discretion, that the Property is satisfactory for its intended use. b. Site Work. Buyer shall have determined that the Site Work has been completed in accordance with the approved plans. c. Environmental. Buyer shall perform such environmental testing, as Buyer deems necessary, and shall promptly pay any and all costs relating to any testing that occurs on the Property as well as any damages caused by any inspection. 4B 9. Closing Date and Closing Documents. The closing (the "Closing Date ") shall take place at Commercial Partners Title Insurance Company within 15 days following completion of the Site Work required to be performed by Seller under paragraph 4 of this Agreement. Seller shall deliver possession of the Property on the Closing Date. Seller shall deliver or cause to be delivered to Buyer at closing all documents necessary or desirable to complete the transaction contemplated hereby, including but not limited to, the following: (i) Warranter. A warranty deed conveying marketable title to Buyer subject to the following exceptions: (a) building and zoning laws, ordinances and state and federal regulations; (b) utility and drainage easements which do not interfere with the Buyer's proposed improvements to the Property; (c) reservation of any mineral or mineral rights to the State of Minnesota, and (d) the street constructed on the Property by Seller and designated a public street by Buyer. (ii) Title Policy. The title policy or suitably marked -up title commitment as provided for in paragraph 5(b) of this Agreement. (iii) Seller's Affidavit. An Affidavit by Seller indicating that on the Closing Date there are no outstanding unsatisfied judgments, tax liens or bankruptcies involving the Seller or the Property; that there has been no skill, labor or materials furnished to the Property for which payment has not been made or for which a mechanic's lien could be filed and that there are no other unrecorded interests in the Property together with whatever standard owner's affidavit has been required by the title company to issue the title policy. (iv) FIRPTA Affidavit. A FIRPTA affidavit properly executed in recordable form, containing such information as required by IRC Section 1445(b)(2) and its regulations. (v) Other Documents. All other documents reasonably determined to by Buyer or the Title Company to be necessary to transfer real property to Buyer. 10. Adjustments and Prorations. The following adjustments and prorations shall be made as of the Closing Date. (a) Real Estate Taxes and Special Assessments. Seller shall pay, or caused to be paid, all general real estate taxes payable for the Property for the years prior to the year in which the Closing occurs and any deferred or Green Acres real estate taxes. Seller and Buyer shall prorate the real estate taxes payable for the Property in the year of Closing as of the Closing Date, based upon the calendar year. Seller shall pay, on or before the Closing Date, all special assessments levied, "pending," deferred or constituting a lien against the Property as of the Closing Date, including, but without limitation, all installments of special assessments, including interests, when payable in the year of Closing. (b) Closing Costs. Seller shall pay the cost of recording any instruments required to discharge any liens or encumbrances against the Property, any real estate transfer tax or fee applicable to the transaction contemplated herein and Seller's customary closing costs. Buyer shall pay for all premiums for Title Insurance, the fee for recording the Deed, the documentary fee for sales and use taxes applicable to the transaction contemplated herein, any mortgage registration tax, and Buyer's customary closing costs. Each party shall pay for its own legal, accounting or other advisors' costs. 11. Condemnation. If prior to Closing there arises any actual or threatened condemnation or exercise of eminent domain for the taking of all or any part of the Property, or any actual or threatened proceeding for the closure or impairment of access to the Property, Seller shall promptly notify Buyer upon becoming aware of the same. Buyer at its election may then terminate this Agreement by giving written notice thereof to Seller within ten (10) days of receipt of notice from Seller. If Buyer does not provide written notice of termination within ten (10) days as above provided, this Agreement shall remain in full force and effect in accordance with its other provisions and Buyer shall be entitled to any and all condemnation awards or similar compensation payable to Seller as a result of such condemnation, regardless of whether such awards or compensation are payable prior to, on or after the Closing Date. 12. Broker and Commissions. Buyer and Seller hereby represent and warrant to the other that it has not dealt with any broker or finder in connection with the transaction contemplated herein. 13. Default. (a) Buyer Default. IF BUYER FAILS TO CLOSE THE PURCHASE OF THE PROPERTY FOR ANY REASON, SELLER'S SOLE REMEDY IS TO CANCEL THIS AGREEMENT. (b) Seller Default. IF SELLER FAILS TO CLOSE THE SALE OF THE PROPERTY FOR ANY REASON OTHER THAN BUYER'S DEFAULT, THEN BUYER MAY, AT ITS SOLE DISCRETION, TERMINATE THIS AGREEMENT AND SEEK SPECIFIC PERFORMANCE OF THIS AGREEMENT OF PROCEED AGAINST SELLER FOR A MONEY JUDGMENT. 14. General Provisions. The parties further agree as follows: (a). Time is of the essence of this Agreement. (b) Attorne sy ' Fees. In the event either Buyer or Seller commences any legal proceeding to enforce this Agreement or any provisions contained herein, the prevailing party shall be entitled to recover, in addition to all other remedies or damages, reasonable attorneys' fees and costs incurred in such proceeding. The provisions of this Section 14(b) shall survive the cure of any judgment, and shall not merge, or be deemed to have merged, into any judgment. (c) Entire Agreement. No change or modification of this Agreement shall be valid unless the same is in writing and signed by the parties hereto. This Agreement contains the entire agreement between the parties relating to the purchase and sale of the Property. All prior negotiations between the parties are merged in this Agreement and there are no promises, agreements, conditions, undertakings, warranties or representations, oral or written, express or implied, between the parties other than as set forth herein. (d) Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Minnesota. (e) Survival. All of the parties' representations, warranties, covenants and agreements hereunder, to the extent not fully performed or discharged through the Closing, shall not be deemed merged into any instrument delivered at that Closing and shall remain fully enforceable thereafter and shall survive Closing to the extent and subject to the limitations otherwise provided in this Agreement. so (f) Notices. All notices, demands or other communications required or permitted to be given hereunder shall be in writing, in person, by mail with postage prepaid or by overnight courier service, at the following addresses: If to Buyer: City of Eagan Attn: Mike Scott, Fire Chief 3830 Pilot Knob Road Eagan, MN 55122 Copy to: Robert B. Bauer Dougherty, Molenda, Solfest, Hills & Bauer P.A. 7300 West 1470' Street, Suite 600 Apple Valley, MN 55122 If to Seller: John Myhre 8147 Globe Drive Woodbury, MN 55125 Copy to: Robert W. Junghans, Esq. 13274 Huntington Terrace Apple Valley, MN 55124 (g) Headings. The headings, which appear in some of the Sections of this Agreement, are for purposes of convenience and reference and are not in any sense to be construed as modifying the Sections in which they appear. (h) Assi nom. Neither this Agreement nor any of the rights or obligations of Seller or Buyer hereunder shall be transferred or assigned by Seller or Buyer without the prior written consent of the non - assigning party, except that Buyer may assign its rights under this Agreement to any related third party or entity prior to Closing provided that such assignment shall not relieve Buyer of its obligations and duties hereunder. (i) Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective personal representatives, successors and assigns. (j) Waivers. No waiver of any breach of any covenant or provision herein contained shall be deemed a waiver of any preceding or succeeding breach thereof, or of any other covenant or provision herein contained. No extension of time for performance of any obligation or action shall be deemed an extension of the time for performance of any other obligation or act. (k) Dates. In computing any period of time under this Agreement, the day of the act or event from which the specified period begins to run shall not be counted or included in such period. The last day of the period is counted and included in such period, unless it is a Saturday, Sunday or legal holiday, in which case the period will run until the end of the next day that is not a Saturday, Sunday or legal holiday. 6 (1) Severability. If any provision of this Agreement is held to be unenforceable or void, such provision shall be deemed to be severable and shall in no way affect the validity of the remaining terms of this Agreement. (m) Acceptance. If this Agreement is not accepted by Seller on or before May 1 st, 2013, this offer shall be deemed withdrawn. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth below. SELLER: EAGAN POINTE SENIOR LIVING, LLC By: io ��r+ep rc Its: N1�Mat�b4.2 BUYER: CITY OF EAGAN By: Mike Maguire Its: Mayor By: Christina M. Scipioni Its: Clerk 5a EXHIBIT A -1 53 • ,r s r ur au ' 1 1� n.,Itfv -..n1 ROr.v Ida,r Imll'wo r 81 ACKNAWK READ 15 I r r.i . �9t li + 11- i1= rIi ! 1 1 . . i I 1. v. M- .926 ..�1.. {. 1JY I i, F 414' ul 1'1 lM x.13 1= ( I1: �) I ui 1II lfe gg yy { %4 1 b: 1. I,Y,r r I L lij ' • I _ _ li I i,S gib Ir: r V�4b.,.4jt llt �� 1 Ii i•�i�14 924«,, I I,je YT — e•r•.. 11 I I i 1 i IIS S ICS 1 - 1 Ii eFm � p R po 'A A MTR m ' =� James 'R Hill, Inc. A SNAN(WEF. IxrWC70TA I � > PREW!lINARY GRADING, DRAINAGE ' � �+ u i p PLANNERS /ENGINEERS / SURYORS Q �"y EROSION CONTROL PLAN ;Kgtit of, m + ?, Sol lio uarrywclrr ssiii EA < SOUTHV[EW SENIOR LIVING ` ::87 nnrtxsomlc. unwora xn9xr3, Mx 07120 , nscL >. . +� awa:'(mii?ib•bou tu;14 } }}K9 -bt41 I I EXHIBIT A �j� CIE A5 MIM 10M 3$ 5 ii ox C: p m S W, '-1, 1,'- F THIR 1 D A' ' D 1 T 1 ON1 179.06 S02 42 32 E 326.64 BLACKHAWK ROAD 4,1 1 0 e f- 10 James R. Hill, Inc. Q, MAR. MMESOTA Pr eliMinary Plat PLANNERS /ENGINEERS / SUMM L FOR SOUTH VIEW SENIOR LIVING Wo a at p 2, A 4), wit 1A amm Of 56M P? Q163 MA" "my4%,14 K(Afts; wx M s,) jortmom v1- -u Me I Nvk, 5(0 EAGAN SOUTH POINTS James R. Hill, Inc. MAR. MMESOTA Pr eliMinary Plat PLANNERS /ENGINEERS / SUMM FOR SOUTH VIEW SENIOR LIVING Wo a at p 2, A 4), wit 1A amm Of 56M Q163 MA" "my4%,14 K(Afts; wx M s,) jortmom 5(0 7300 WEST 147TH STREET SUITE 504 APPLE VALLEY, MN 55124 -7580 (952) 431 -4433 May 23, 2013 Chief Mike Scott Eagan Fire Department 1001 Station Trail Eagan, MN 55123 PROPOSAL FOR ARCHITECTURAL SERVICES PROJECT: Fire Station Consolidation Preliminary Building and Site Design Comm. No.: 12013 -01 CLIENT: City of Eagan DESCRIPTION: The following proposal provides architectural and civil design to further the development of the future new fire station at the corner of Diffley and Blackhawk Roads on the Holden Site. The Fire Station is to be a new two -story building of approximately 17,600 square feet of total area. This proposal is based on the Fire Station Consolidation — Site & Building Study completed by our office and dated January 27, 2013. The outcomes of this work, as described in more detail below, will provide the City of Eagan with a detailed site design, schematic level floor plans and exterior elevations, sustainable design goals and image rendering. Preliminary Building and Site Design: Our services for this option provide enough information to develop a building footprint and basic diagrammatic understanding of functions within this footprint to identify building access locations and heights. The site access and circulation will also be developed including determining fire apparatus site circulation and turn radius requirements. Finally, this option would develop a preliminary civil grading and drainage plan that can be used as an Exhibit for preliminary grading that will be provided by the developer of the adjacent portions of the site. further development of the building floor plans and exterior image study developing an architectural image concept. During this phase general sustainable design goals will be evaluated and any impacts to the site and floor plan design will be incorporated in the associated plans. The additional outcomes of this option will provide a better understanding of the proposed fire station both in size and image. Services Provided: Our services will include the following: • Preliminary review of building codes • Review of city site planning requirements • Detailed space needs program indicating individual room requirements • Floor plan diagram options • Schematic level floor plan development of selected option 51 • Floor to floor height determination • Site plan development including apparatus access, vehicle turning radius study, parking lot design and site public / firefighter safety separations • Civil pricing design including grading, drainage, ponding, paving and preliminary utility design • Sustainability goal review and preliminary identification of sustainable design elements • Exterior image and material options • Development of selected exterior image with architectural concept rendering • Meetings with fire department and other city staff / officials Services Not Provided: Services not provided in this part of the work include: • Mechanical /Electrical design • Structural design • Landscape design • Cost Estimating • Design Development, Construction Documents and Construction Administration (it is our understanding that these future phases may be contracted separately at a future date) Fee: For this work we propose a fixed fee of $25,800, plus reimbursable expenses as described below. While the City of Eagan is at no obligation to proceed with the remainder of the architectural services to complete the design and construct this project, if the project does proceed the above fee will be fully credited as part of our standard design fee for a complete project. It is agreed that the terms of an AIA B101 -2007 Standard Form of Agreement Between Owner and Architect will be followed except as modified in this proposal and only to the phases of work included in the proposal. Reimbursable Expenses: Reimbursable expenses will be billed at direct cost as they occur: - Plotting of plans as needed for meetings, submittals and pricing. - Miscellaneous B &W and color printing - Miscellaneous postage, shipping and messenger service - Mileage Schedule: A project schedule has not been determined at this time. We will work with you to determine a schedule when the project is ready to proceed. 5B We appreciate the opportunity to provide this proposal and look forward to working together on the project. Sincerely, Quinn S. Hutson, AIA, LEED AP Principal CNH Architects, Inc. 59 Accepted by: By: Mike Maguire, Mayor Date: , Deputy Clerk Agenda Information Memo June 4, 2013, Eagan City Council Meeting M. FINAL PLAT — MEADOWVIEW INDUSTRIAL PARK ACTION TO BE CONSIDERED: To approve a Final Plat to create two lots upon approximately 7.15 acres located at 3045 Hwy 13 and 1675 Meadow View Road. REQUIRED VOTES FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The site consists of two parcels (Lot 1 = 808,596 sq. ft., Lot 2 = 311, 809 sq. ft.) totaling 7.15 acres. ➢ The property is zoned Limited Industrial. ➢ The two parcels were created through a lot split completed through Dakota County in 2012. The County may allow a split of property to be filed if it creates not more than two parcels and each resulting parcels are at least 300 ft. in width and not less than 5 acres in size. ➢ The current owner now wishes to plat the property to obtain a Building Permit for Lot 2. ➢ An existing building is located across the property line which complicates the platting of the property. A Development Agreement has been drafted to contractually guarantee the performance of City requirements affiliated with the building removal as well as future sewer and water connections. The Plat has been reviewed by MnDOT and access comments have been discussed with the developer. ➢ Required drainage and utility easements are dedicated with this Plat. ➢ All documents are anticipated to be in order for execution at the City Council meeting on June 4, 2013. ISSUES: None 60 -DAY AGENCY ACTION DEADLINE: N/A ATTACHMENTS: (3) Location Map, page W i Final Plat, page (Oa May 2, 2013, MnDOT review letter comments, pages (� 2 through (0 (P Location Map - w h j} Lone O k.Rd-4 8� Yankoo DooA LIN 5 J0 - DIM. Rd r 1 Fort Snelling State `Park cliff Rd Subject.Site g• V w, Rp � U:t tt ryl �®S[EHI EG ` FOUR OAKS RD �.a0m aED U % ® s Central Park Park � CEN7RP�4P a z 3 a Fy z f ' o mme Quarry•Park. _{ x mmmmED ti e 1 .' C UARRY R mmmmm mm AD NO. 28 YANKEE DOODLE ROAD"'yt" EE, o® n Feet Project Name: Meadowview Industrial Park o 500 1,000 2,000 Request: Final Plat Case No: 09- FP- 03 -04 -13 Legend = Parcels Buildings Parks City of Eap 16,,J city Boundary N FINAL PLAT €a5seo o' 9 ,Ca0 'JC a�°n °Q c, E,55 i a E ° Z•co p 3p a �CxsnfiO° t E LAJ asF gods; "g; tl „5 �5 °,,'j $q 83R Him! m aI y E� a "6:� Cr £ @--, £$i sa5L $E�`BStd g 0 • ftlg ��•• off' "'I:° SE�sS•�� �aS � %$ E °��wda 90 g S x � v E x a u a @ss g =s =g gas Eoa& =fr =s„�e e# a tl a o a s s s g a E ///'''o Es` mss° e5s gE aE� s ^ °8 ggT gR3 aE” Eeg tl 9 r E n ° & s oil \ t`, Z� show 69 .16 <t I 1 •Oavilery°ia`\ °I2S •i �!`J ,, y _ zw�> W \I L}- g zYA 'oe",ie „ree M �'\ ,�. •` SF I Gs�� G 8 �n : T NI �• � I m��a R oey i M, tx3 V) i,' ) \' , S " \�\ +03 `\ � e9 •aews�MOl•sxo�uasn .- I g �' %• t'-” 1` '•� - -_�` �-- -' ejep � o ``�IS9 '_`".;,�____,�°n w�m mace ccsnss3M --_— - - --" ^ J "M `t ti" OL'SSZ 9.ZS.f0 °ON ?iJil::?S \ \ o a. N 4 w ED V w w MNDOT LETTER bp���Nesopgyo Minnesota Department of Transportation Metropolitan District aye Waters Edge Building OF-Fil 1500 County Road B2 West Roseville, MN 55113 April 29, 2013 Mike Ridley City of Eagan 3830 Pilot Knob Rd. Eagan, MN 55122 SUBJECT: Meadow View Industrial Center MnDOT Review # P13 -016 Northwest of TH 13 and Meadow View Road Eagan, Dakota County Control Section 1901 Dear Mr. Ridley: The Minnesota Department of Transportation (MnDOT) has reviewed the above referenced plat in compliance with Minnesota Statute 505.03, subdivision 2, Plats. Before any further development, please address the following issues: Traffic: MnDOT's Access Management Manual categorizes TH 13 as a 513, a minor arterial in an urban/urbanizing area, which calls for intersection spacing at 1/4 mile. There is less than 3/4 miles between CSAH 26 and Letendre St, but there are 7 public street intersections in addition to private driveways. Driveways on category 5B roads are considered to be permitted as interim until a supporting street system can be developed. This redevelopment should include a frontage road continuing north to serve Lot 1 (the existing building shown on the site plan). If constructed, consider extending the frontage road further north of CSAH 26. Please identify, and submit to MnDOT, the plans for accessing the existing development remaining on Lot 41. For questions and to discuss access for the existing buildings, please contact David Sheen (651- 234 -7824) in MnDOT Metro District's Traffic Section. Permits: Any use of or work within or affecting MnDOT right of way requires a permit. Permit forms are available from MnDOT's utility website at http: / /www.dot.state.mn.us /utility/ Please include one 11 x 17 plan set and one full size plan set with each permit application. Please direct any questions regarding permit requirements to Jeff Dierberger (651- 234 -7916) of MnDOT Metro District's Permits Section. l� J Review Submittal Options: Mn/DOT's goal is to complete the review of plans within 30 days. Submittals sent in electronically can usually be turned around faster. There are four submittal options. Please submit either: 1. One (1) electronic pdf. version of the plans. Mn/DOT can accept the plans via e -mail at metrodevreviews.dot2state.mn.us provided that each separate e- mail is under 20 megabytes. 2. Three (3) sets of full size plans. Although submitting seven sets of full size plans will expedite the review process. Plans can be sent to: Mn/DOT — Metro District Planning Section Development Reviews Coordinator 1500 West County Road B -2 Roseville, MN 55113 3. One (1) compact disk. 4. Plans can also be submitted to Mn/DOT's External FTP Site. Please send files to: ftp: / /ftp2.dot. state. mn. us / pub / incoming /MetroWatersEdge /Planning Internet Explorer doesn't work using ftp so please use an FTP Client or your Windows Explorer (My Computer). Also, please send a note to metrodevreviews.dot@state.mn.us indicating that the plans have been submitted on the FTP site. If you have any questions concerning this review please feel free to contact me at (651) 234 -7794. Sincerely, Tod Sherman Planning Supervisor �� �`C Copy sent via E -Mail: Jeff Dierberger, Permits Nancy Jacobson, Design Bruce Irish, Water Resources Lee Williams, Right -of -Way Jon Solberg, Area Planner David Sheen, Traffic Julie Lindquist, Dakota County Eric Simmer, Interstate Partners, esimmer @interstatepartnersmn.com Ann Braden, Metropolitan Council Agenda Information Memo June 4, 2013, Eagan City Council Meeting CONSENT AGENDA N. Adopt a resolution accepting a $25.00 donation from a Citizen ACTION TO BE CONSIDERED: Adopt a Resolution accepting a $25.00 donation from Mr. and Mrs. Lundberg FACTS: • Mr. and Mrs. Lundberg sent a $25.00 donation to the police department on May 7, 2013. • Brief correspondence sent with the donation outlines condolences related to former police canine Zebo who passed away earlier this year. • The donation is to be used to fund an undesignated program. • Correspondence was sent to Mr. and Mrs. Lundberg outlining the department's appreciation. ATTACHMENTS: Resolution on page (91 . (05- CITY OF EAGAN RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN Mr. and Mrs. Lundberg WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the costs to the general public of providing services in Eagan; and WHEREAS, Mr. and Mrs. Lundberg have presented the Police Department with a donation in the amount of $25.00; and WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two- thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Eagan, Dakota County, Minnesota, that the donation is hereby accepted for use by the City; BE IT FURTHER RESOLVED, that the City sincerely thanks Mr. and Mrs. Lundberg for the gracious and generous donation. ADOPTED this 4th day of June, 2013. Motion by: Seconded by: Those in Favor: Those Against: Date: CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk Agenda Information Memo June 4, 2013 Eagan City Council Meeting O. LEMAY LAKE FAMILY TOWNHOME EASEMENT VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate a public ponding easement located on property in the East %2 of the West 1/2 of Section 10, Township 27, Range 23, and schedule a public hearing to be held on July 16, 2013. FACTS: • On May 30, 2013, City staff received a petition from Ms. Kari Gill, representing the property owner, Dakota County CDA, requesting the vacation of a public ponding easement (Dakota County Easement No. 374875) on property identified as PIN 10- 01000- 570 -11 in the East 1/2 of the West' /2 of Section 10 in north- central Eagan. • The ponding easement was dedicated on this parcel adjacent to LeMay Lake to provide for ponding and storm water management purposes. • The purpose of the request is to allow the recording of a final plat of the properties for the proposed LeMay Lake Family Townhome development as a residential development by Dakota County CDA. The vacation of the easements would clean up the proposed plat by avoiding any underlying recorded dedications. • The final plat of LeMay Lake Family Townhomes will address and incorporate all necessary public drainage and utility easements on this property. • The final subdivision for the LeMay Lake Family Townhomes development is scheduled for Council consideration on July 16, 2013. • Notices for a public hearing will be published in the legal newspaper and sent to all potentially affected or interested parties for comment prior to the scheduled public hearing. ATTACHMENTS: • Legal Description, graphic, page • Location Map, page 629 . (oil or MEN r� Aw l �� F 494. MENDOTA HEIGHTS EASEMENT VACATION LOCATION —T= FL LU LU �LL DIFFLED ---', LONE OAK RD. --'---YANKEE DOODLE RD.� % I ull- ,P, CITY OF EAGAN Fig. 1 Cityflapn Proposed Ponding Easement Vacation Location Map 1319 Jurdy Road ((19 5/28/2011 Agenda Information Memo June 4, 2013 Eagan City Council Meeting P. CONTRACT NO. 13 -19 CARLSON LAKE SANITARY SEWER LIFT STATION REHABILITIATION ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract No. 13 -19 (Carlson Lake - Sanitary Sewer Lift Station Rehabilitation) and authorize the advertisement for a bid opening to be held at 11:00 a.m. on Wednesday, June 26, 2013 at the Utilities Administration building located at 3419 Coachman Point, Eagan, MN. FACTS: • The City's Public Works Department (Utilities Division) operates 16 sanitary sewer lift stations to pump sewage from areas of the public sanitary system. The estimated asset life of a sanitary sewer lift station, with normal maintenance or repairs, is 40 years. • The Carlson Lake Sanitary Sewer Lift Station was constructed in 1975 and is in poor condition with worn infrastructure and failing gate and check valves. • The rehabilitation of the existing sanitary sewer lift station, located at 1302 Balsam Trail East, was authorized with the approval of the Sanitary Sewer Operations and Facilities portion of the 2012 -2016 Capital Improvement Plan (CIP) and 2012 operating budget. • All of the construction activity for said improvements has been designed to occur within existing public right -of -way or easements. • The plans and specifications have been completed and are being presented to the City Council for their approval and authorization of the advertisement for bids. • An advertisement will be published in the legal newspaper informing contractors of the bid. ATTACHMENTS: • Location Map, page I q0 STREET A B 'RIGHT —OF —WAY 30' FROM (TYPICAL NON— COLLECTOR) SIGHT CLEARANCE — NO OBJECT IN EXCESS OF 2.5' ABOVE EDGE OF ROAD SURFACE. SPEED LIMIT A B 30 MPH 165' 100' 35 MPH 215' 125' 40 MPH 250' 150' 45 MPH 285' 175' 50 MPH 360' 215' E606 Revised standard plate # City Of Ea non DRIVEWAY SIGHT CLEARANCE 3/05 606 Engineering Department Agenda Information Memo June 4, 2013, Eagan City Council Meeting Q. FINAL PLAT (KENNERICK 4TH ADDITION) — THORSON HOMES, INC ACTION TO BE CONSIDERED: To approve a Final Plat (Kennerick 4"' Addition), to create one lot upon approximately 1.38 acres located at 1439 and 1443 Lone Oak Road. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present. FACTS: ➢ The site consists of two parcels totaling 1.38 acres. The two parcels were created through a subdivision in 2002. The current owner wishes to recombine the parcels into a single lot. The property is vacant and contains a pond /wetland in the northwest portion. Topography and soil conditions limit the buildable area. The Plat has been reviewed by the Dakota County Plat Commission, which recommended approval with an additional 5' right -of -way dedication for Lone Oak Road (Co. Rd. 26). The applicant has provided this dedication on the plat. The applicant has simultaneously requested a vacation of easements associated with the prior plat. The easement vacation is scheduled for public hearing later on this meeting agenda. ➢ The vacation request would eliminate the drainage and utility easements along the common lot line separating the two parcels. Other required drainage and utility easements are rededicated with this Plat. ISSUES: None 60 -DAY AGENCY ACTION DEADLINE: ATTACHMENTS: (3) Location Map, page T 13 Final Plat, page 91-1 Dakota County Plat Commission Review Letter yl a l.�r.� ��� /' 'S.. I. it ���� �' m m C-) _m E m 0 N O G4 4 az IF _ z�7 i LsJ f•r•I 30� I � I \) 1 I I f, � C) Zm )> P O r, ON in >° �) O )> SOObi'16'w 10 %• O I Pp. of S00'02'46'W 300.14 unurr F,ssvFxr >�\\ 1�\ r 11 0/ r--- -- ---- ---- -y-�`��• ' I T 7J '' C' usru�xi ,_, uR :1 _Yf] s m f' I o l 4 I 5) S00'02'46'W 300.14 unurr F,ssvFxr >�\\ 1�\ r 11 0/ r--- -- ---- ---- -y-�`��• m �mA �Qo o. 3 - bo °od, °za y m4� c0 i a X o NN - O y z° NU g o 3 eX 3 3g 3 q °a 90 ut 3 R ;' S ' ao ,1 ' I T 7J '' o usru�xi ,_, uR :1 _Yf] s m f' I r0 Ali 4 I q I I i° Lr-------------------------------------- � UnUtY FASEUFNr N00'Y12'46'E 300.05 m �mA �Qo o. 3 - bo °od, °za y m4� c0 i a X o NN - O y z° NU g o 3 eX 3 3g 3 q °a 90 ut 3 R ;' S ' ao ,1 O `o Z y 3e o n Z A - Z O 0 i pm fa °I 3 v l 3 �1 °cN u -I� - KO 3 ov Z D 3 7 ((1 'f) T 7J '' o x O `o Z y 3e o n Z A - Z O 0 i pm fa °I 3 v l 3 �1 °cN u -I� - KO 3 ov Z D 3 7 ((1 'f) o=i og, — — — — "aNz mp I 5116 - .1 -. cy w s To e N3° y - �3 Or n 3 3 - "4' go gm �o 0203 o� fTl II �T O Z J� I O T 7J '' o -- uR :1 f') s m f' o=i og, — — — — "aNz mp I 5116 - .1 -. cy w s To e N3° y - �3 Or n 3 3 - "4' go gm �o 0203 o� fTl II �T O Z J� I O f'. )' TJ o -- c) c) I I o=i og, — — — — "aNz mp I 5116 - .1 -. cy w s To e N3° y - �3 Or n 3 3 - "4' go gm �o 0203 o� fTl II �T O Z J� I O i Dakota County Surveyor's Office Western Service Center • 14955 Galaxle Avenue suite 4 335 • Apple Valley, MN 55124 952- 891 -7087 • Fax 952- 891 -7127 • www.dakotacounty.us May 10, 2013 City of Eagan 3830 Pilot Knob Rd Eagan, MN 55122 Re: Kennerick Fourth Addition The Dakota County Plat Commission met on May 6, 2013, to consider the preliminary plan of the above referenced plat. The plat is adjacent to CSAH 26, and is therefore subject to the Dakota County Contiguous Plat Ordinance. The proposed residential site is replatting two lots into one lot. The right -of -way needs have changed since 2003 from 55 feet to 60 feet of half right of way; therefore, the plat should dedicate an additional 5 feet to meet the needs. Restricted access is shown per the underlying plat that includes a 30 -foot opening along CSAH 26. The Plat Commission has approved the preliminary and final plat, provided that the described conditions are met, and will recommend approval to the County Board of Commissioners when the plat is submitted in signed mylar form. Mylars should be submitted to the County Board within one year of the Plat Commission's final approval. Traffic volumes on CSAH 26 are 41,001 and are anticipated to be 5,500 ADT by the year 2030. These traffic volumes indicate that current Minnesota noise standards for residential units could be exceeded for the proposed plat. Residential developments along County highways commonly result in noise complaints. In order for noise levels from the highway to meet acceptable levels for adjacent residential units, substantial building setbacks, buffer areas, and other noise mitigation elements should be incorporated into this development. No work shall commence in the County right of way until a permit is obtained from the County Transportation Department and no permit will be issued until the plat has been filed with the County Recorder's Office. The Plat Commission does not review or approve the actual engineering design of proposed accesses or other improvements to be made in the right of way. The Plat Commission highly recommends early contact with the Transportation Department to discuss the permitting process that reviews the design and may require construction of highway improvements, including, but not limited to, turn lanes, drainage features, limitations on intersecting street widths, medians, etc. Please contact Gordon McConnell regarding permitting questions at (952) 891 -7115 or Todd Tollefson regarding Plat Commission or Plat Ordinance questions at (952) 891 -7070. Sincerely, Todd B. Tollefson Secretary, Plat Commission 1 RECEIVED MAY 101013 Agenda Information Memo June 4, 2013 Eagan City Council Meeting R. DECLARE CITY SPONSORED EVENT SIGNAGE AS GOVERNMENT SIGNS -CITY OF EAGAN ACTION TO BE CONSIDERED: To DECLARE City- sponsored event signage for Eagan's July 4th Funfest, the Eagan Art Festival, and Eagan's Market Fest to be placed in public rights -of -way and on utility poles along Central Parkway from June through September of each year. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: On June 5, 2012, the City Council declared that banner signage placed in public rights -of -way and on utility poles along Central Parkway is consistent with the definition of Governmental signage. ➢ This Council action allowed general public purpose banner signage for the 2012 art festival, market fest and funfest events with no private or business information placed on the banners. ➢ Twenty -four signs were proposed to be placed; measuring a maximum of 30" x 60" or 12-1/2 square feet in area, and using brackets and hardware already existing on the light poles. The banners were installed by Eagan maintenance personnel. ➢ This Council action was for 2012 only; the agenda memo presented to the Council in 2012 should have indicated a request for banner signage from June through September of each year. This request is correcting that discrepancy. ATTACHMENTS: Banner examples, pages 91 through t19 1-10 [�,'roposed Eagan Art Festiva�:i, Street Banner - 2012 ART FE TIVAL BANNER EXAMPLE V-1 9 Proposed Eagan Market Fest Street r citymgan.com Existing Eagan's July 4th �Funfe Street Banner - 2012 FU N FE T 'BAN N E Rn UAMPLE- 19 Agenda Information Memo June 4, 2013 Eagan City Council Meeting PUBLIC HEARINGS A. KENNERICK SECOND ADDITION EASEMENT VACATION ACTION TO BE CONSIDERED: Approve the vacation of public drainage and utility easements located on Lots 4 and 5, Block 3, Kennerick Second Addition, and authorize the Mayor and Deputy City Clerk to execute all related documents. FACTS: • On April 16, 2013, City staff received a petition from the property owner, Brian Thorsen of Thorsen Homes, Inc., requesting the vacation of an existing drainage and utility easement on Lots 4 and 5, Block 3, Kennerick Second Addition. • The purpose of the request is to combine Lots 4 and 5, Block 3, Kennerick Second Addition into one lot to be known as Kennerick Fourth Addition. • The request would vacate all the perimeter and interior drainage and utility easements. The vacation of the easements would clean up the proposed plat by avoiding any underlying recorded dedications. • The new final plat, Kennerick Fourth Addition, will dedicate public drainage and utility easements that will adequately address public drainage and utility purposes. The new plat will also be considered by the City Council for approval on June 4, 2013. • All notices have been published in the legal newspaper and sent to all potentially affected or interested parties, including private utility owners, informing them of this public hearing. No objections have been received to date. • This vacation request has been reviewed by the Public Works Department (Engineering Division) and found to be in order for favorable Council action. ATTACHMENTS: • Location Map, page • Easement Vacation Legal Description, graphic, page 0 a c�a-� 494 MENDOTA HEIGH713 EASEMENT N VACATION LOCATION LONE OAK RD. M 4�, Y 43 O - —1 Z Y - -YANKEE' DOODLE' RD. 28 r? Q. s f_ I ._aj i ' DIFFLEY� RD5r 30 30 w � J CITY OF EAGAN 4119111� Proposed Easement Vacation Location Map Cityflapn Lots 4 & 5, Blk.3, Kennerick Second Addition 8� Fig. 1 4/28/2013 - - - -- / 1 id v.r -� 4 0 f r � � 5 No Scale r J v 7-7r 77 4 - C.S.A.H. NO. 26 (LONE OAK ROAD) Proposed Legal Description to Vacate Drainage and Utility Easements All drainage and utility easements lying over, under and across Lots 4 and 5, Block 3, Kennerick Second Addition, according to the recorded plat thereof, Dakota County, Minnesota, as delineated and dedicated on said Kennerick Second Addition Rw 1.)04-11-13 EaumrnlVmeul Sl[I,L CAD File :;I 3e99 -ESM7 VACA SKEICH.Eng Project M: 113099.000 Folder#: 7538 Drawn by: mdp © 2008 Pioneer Lncineerin¢ Agenda Information Memo June 4, 2013 Eagan City Council Meeting PUBLIC HEARING B. MARI ACRES 2" ADDITION EASEMENT VACATION ACTION TO BE CONSIDERED: Approve the vacation of a portion of a public drainage and utility easement located on Lot 1, Block 1, Mari Acres 2nd Addition and authorize the Mayor and Deputy City Clerk to execute all related documents. FACTS: • On April 23, 2013, City staff received a petition from, John Baregi, Holiday Station Stores, Inc., requesting the vacation of a portion of public drainage and utility easement on Lot 1, Block 1, Mari Acres 2nd Addition. • The purpose of the request is to allow the construction of the planned car wash facility on the site of the current gas station (City Project No. 13- BP -1). The existing public water main within the easement will be realigned and placed within a new public drainage and utility easement as part of this project. • The request would vacate a portion of an existing drainage and utility easement on the Holiday Station property. The vacation of the easement would allow the placement of the car wash facility in the desired location. • A new easement will be recorded by the property owner, Holiday Station Stores, Inc. The new public drainage and utility easement will adequately address public drainage and utility purposes, specifically the realigned water main. • All notices have been published in the legal newspaper and sent to all potentially affected private utility owners informing them of this public hearing. One objection was initially received but has been resolved by the property owner. • This vacation request has been reviewed by the Public Works Department (Engineering Division) and found to be in order for favorable Council action. ATTACHMENTS: • Location Map, page! • Easement Vacation Legal Description, graphic, page r T-� J I ( - ,' r 1 r - i1p - DIFFLEY RD. r s 30 EASEMENT U) VACATION 0 LOCATION m i CLIFF _ROAD J. APPLE VALLEY Proposed Easemant Vacation Location Map Fig. 1 Lot 1, Blk 1, Mari Acres 2nd Add. Cityof Eap 1-:User /Engineer /Easement Vacation Graphic/ Mari Acres A4/30/2013 6 z O U � _z O N 3�w L \ U-1 �C .J EfiC j EASEMENT VACATION CD '7_7_71J1111.I.1.11r���L/�� T - - - - - 20 Existing drainage & utility ........................... 1................................. ............................... 139. 00.................................. ............................... easement per plat MARI .,� =;✓ ACRES 2ND ADDITION r Existing drainage & utility }- easement per plat MARI ACRES 2ND ADDITION ZO Y , �J LEGEND ® Easement Vacation 0 15 30 Horizontal ca e n eet PROPOSED DRAINAGE AND UTILITY EASEMENT VACATION cj <� U c� cr: GO The South 5.00 feet of the North 10.00 feet of the East 119.00 feet of the most westerly 139.00 feet of Lot 1, Block 1, MARI ACRES 2ND ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. Said drainage and utility easement vacation contains ±595 square feet (±0.01 acres). FILE NAME 193801532V601.dwg PROD. No. 193801532 1 DRAWN D)R ISURVEY Agenda Information Memo June 4, 2013 Eagan City Council Meeting VI. OLD BUSINESS A. MASSAGE THERAPY LICENSES— CONSIDER THE FINDINGS OF THE HEARING OFFICER REGARDING THE MASSAGE THERAPY ESTABLISHMENT LICENSE FOR HEAVENLY ASIAN MASSAGE, 4215 NICOLS ROAD, AND THE MASSAGE THERAPIST LICENSE FOR YANG YU ACTIONS TO BE CONSIDERED REGARDING THE MASSAGE THERAPY ESTABLISHMENT LICENSE: To approve a Resolution accepting the administrative hearing officer's Findings of Fact and Recommendation in the matter of the Massage Therapy Establishment License of Julio Alaniz DBA Heavenly Asian Massage. M To direct preparation of a Resolution rejecting the administrative hearing officer's Findings of Fact and Recommendation, concluding a license violation occurred, and suspending or revoking the Massage Therapy Establishment License of Julio Alaniz DBA Heavenly Asian Massage. ACTIONS TO BE CONSIDERED REGARDING THE MASSAGE THERAPIST LICENSE: To approve a Resolution accepting the administrative hearing officer's Findings of Fact and Recommendation in the matter of the Massage Therapist License of Yang Yu. DO At To direct preparation of a Resolution rejecting the administrative hearing officer's Findings of Fact and Recommendation, concluding a license violation occurred, and suspending or revoking the Massage Therapist License of Yang Yu. FACTS: ➢ After receiving complaints about possible ordinance violations at Heavenly Asian Massage, 4215 Nicols Road, the Police Department conducted an investigation of the establishment. Officers discovered evidence indicating therapists were practicing massage therapy at the business without a Massage Therapist License from the City. City Code requires all massage therapists to obtain a license. ➢ Per City Code and the direction of the City Attorney's Office, potential massage therapy ordinance violations are brought to the City Council for consideration of license suspension or revocation. Licensees have a right to a hearing before the Council takes action on the 9�-0 license. In this instance, there were two licenses with potential violations: (1) the Massage Therapy Establishment License held by Julio Alaniz DBA Heavenly Asian Massage and (2) the Massage Therapist License held by Yang Yu, the on- premise manager of Heavenly Asian Massage. ➢ At its April 16 meeting, the City Council directed review of the potential ordinance violations to an administrative hearing conducted by an administrative hearing officer who is not an employee of the City or the City Attorney's Office. ➢ The administrative hearing was held on May 8. The administrative hearing officer issued Findings of Fact and Recommendations regarding the potential ordinance violations for the Massage Therapy Establishment License and the Massage Therapist License. For both licenses, the hearing officer found no ordinance violation had occurred and recommended the matter be dismissed. ➢ At the administrative hearing, staff asked the licensee to provide the Massage Therapist License of the person who gave the investigating police officer a massage. The licensee declined to provide that license. ➢ After the administrative hearing, the City received a Massage Therapist License application for an additional therapist at Heavenly Asian Massage. ➢ Per City Code and the direction of the City Attorney's Office, the following options are available to the City Council with regard to both licenses: 1. Accept the administrative hearing officer's Findings of Fact and Recommendation. This would dismiss the matter of the license violations. 2. Reject the administrative hearing officer's Findings of Fact and Recommendation and impose a license suspension or license revocation. If the Council chooses this option, it must articulate reasons that it concludes an ordinance violation occurred, which would be incorporated into a resolution and brought back to Council for final adoption. ATTACHMENTS (3): The administrative hearing officer's Findings of Fact and Recommendations for the Massage Therapy Establishment License and the Massage Therapist License are on pages OR) to �b The proposed Resolution accepting the administrative hearing officer's Findings of Fact and Recominendation in the matter of the Massage Therapy Establishment License of Julio Alaniz DBA Heavenly Asian Massage is on pages 9b to qq . The proposed Resolution accepting the administrative hearing officer's Findings of Fact and Reconunendation in the matter of the Massage Therapist License of Yang Yu is on pages q2) to C�q i ADMINISTRATIVE HEARING FOR THE CITY OF EAGAN In the matter of the massage therapy business license of Julio A. Alaniz, d /b /a Heavenly Asian Massage, FINDINGS OF FACT AND RECOMMENDATION Respondent. The above entitled matter came on for a hearing before Special Hearing Officer Korine Land at 3;00 p.m, on Wednesday, May 8, 2013, at Eagan City Hall, 3830 Pilot Knob Road, Eagan, Minnesota. The City of Eagan was represented by Eagan City Clerk Christina Scipioni and Eagan Police Detective (Lawrence) Mark Kritzeck, Jr. Julio A. Alaniz, d /b /a Heavenly Asian Massage ( "the Respondent ") was present and was represented by Attorney A.L. Brown. Yang Yu, the on- premises manager of Heavenly Asian Massage, was also present. FINDINGS OF FACT 1. The Respondent was charged with violating Eagan City Code Chapter 6.39.4.C.6, which requires that only massage therapists who are licensed by the City of Eagan ( "City ") shall practice therapeutic massage. 2. Respondent received proper notice of the hearing. 3. Respondent is the license holder of a massage therapy business license for a massage therapy establishment located at 4215 Nichols Road in the City of Eagan known as Heavenly Asian Massage (the " Establishment"). 4. Yang Yu is a licensed massage therapist and the on- premises manager at the Establishment. 5. Det. Kritzeck conducted an undercover operation on March 20, 2013, in order to determine if there was any prostitution activity at the Establislunent after the City received complaints of suspicious activity. 6, On March 20, 2013, Det. Kritzeck entered the Establislunent and received a massage from a massage therapist who identified herself as "Mary." I 7. Det, Kritzeck described "Mary" as an Asian female, approximately 5' 5" to 5' 6" in height, between 25 and 35 years old, with a slender build, 8. "Mary" told Det. Kritzeck that there were four massage therapists who worked at the Establishment, 9. During the one hour and ten minutes that Det. Kritzeck was inside the Establishment, he was aware of the presence of one other female in the Establishment, but he did not know if she was a customer or an employee, 10. In spite of his efforts to subtly request sexual services, "Mary" declined his advances. 11. Det, Kritzeck did not observe any suspicious activity that was related to prostitution while he was in the Establishment. 12. Det. Kritzeck ruled out any criminal activity related to prostitution. 13. The only licensed massage therapist the City has on record as working at Heavenly Asian Massage is Yang Yu. 14. There is only one licensed massage therapist in the City of Eagan named Mary, and she does not fit the physical description of the "Mary" who gave Det. Kritzeck his massage. 15. Neither Det. Kritzeck nor City Cleric Scipioni knows the true identity or frill name of the "Mary" who gave Det. Kritzeck his massage, 16. Neither Det. Kritzeck nor City Clerk Scipioni conducted a follow -up investigation with "Mary" at Heavenly Asian Massage to determine if "Mary" has a massage therapy license under a different name. 17. Neither Det. Kritzeck nor City Clerk Scipioni knows whether or not "Mary" has a massage therapy license from the City. 18. Neither Det. Kritzeck nor City Cleric Scipioni conducted a follow -up investigation to determine if there are any other massage therapists at Heavenly Asian Massage. 19, Neither Det. Kritzeck nor City Clerk Scipioni knows if there are any other massage therapists working at Heavenly Asian Massage. 20, The basis of the allegation against Respondent is the information provided by the unidentified "Mary." 21. When applying for a massage therapy license, the City of Eagan requires massage therapists to list their business or employer on the application, indicating where they will be practicing massage therapy, 2 22. The Eagan City Code does not require massage therapists to update their licenses with the City when they change businesses or employers. 23. The Eagan City Code does not require massage therapy establishments to provide the City with a list of licensed massage therapists working at their establishments, Based on the foregoing Findings of Fact, the following Memorandum is hereby incorporated into this Recommendation: MEMORANDUM The City has complied with all relevant substantive and procedural requirements of Minnesota Statutes, Rules and the Eagan City Code. The Respondent was given timely and proper notice of the hearing in this matter, According to the business license application, Julio A. Alaniz, the Respondent, is a named partner in the business that operates as Heavenly Asian Massage. On July 6, 2012, he applied for and subsequently received a business license for a massage therapy establishment for the license term from July 1, 2012 — June 30, 2013. IIis application identifies Yang Yu as the on- premises manager of Heavenly Asian Massage. Yang Yu has a massage therapist license issued by the City of Eagan. On March 20, 2013, the Police Department conducted an undercover investigation at Heavenly Asian Massage based on complaints of alleged prostitution -type activity, The City admits that the undercover investigation did not reveal any prostitution activity; however, it did expose the possibility that there may be unlicensed massage therapists performing massages at the Establishment, The sole source of information regarding the potentially unlicensed massage therapists at the Establislunent is a massage therapist named "Mary," who gave Det. Kritzeck his massage. Neither Det. Kritzeck nor the City Clerk knows "Mary's" full name or knows if it is her real name, Since the only massage therapist who is licensed by the City with a first name of Mary does not fit the description of "Mary" at the Establishment, the City assumed that "Mary" was unlicensed. Similarly, since the City only has a record of one licensed massage therapist at the Establishment (Yang Yu), the City assumed that other massage therapists reportedly working at the Establishment were also unlicensed. The City failed to provide evidence that "Mary" is unlicensed. The City did not ask "Mary" her real name to determine if she has a license with the City. Had the City discovered the real identity of "Mary" it could have checked its records to positively conclude if she has a license under a different name. The City failed to provide evidence that there are unlicensed massage therapists working at the Establishment. The City assumed that because it had no record of other licensed massage therapists working at the Establishment, that all other massage therapists must be unlicensed. However, the City did nothing to affirm that any other massage therapists even work at the Establishment. Det. Kritreck did not see any other individuals giving massages at the Establishrent, The City has the authority under City Code 6.39.4,E.1 to enter and inspect a licensed premise to ensure compliance with the City Code. It is conceivable that an inspection of the premises might include the inspection of docurnents, such as the licenses of anyone practicing massage therapy at the Establishment, However, the City did not ask the Respondent or the on- premises manager for such documentation, The City Cleric admitted that the massage therapy ordinance does not require massage therapists to update their licenses if they change businesses or employment. Therefore, the City's records may not accurately .reflect the movement of licensed massage therapists within City limits. It is entirely possible that "Mary," if not her real name, has a. license with the City and worked for a different business or employer when she obtained her license. Common sense would dictate that if "Mary" had such a. license, it would have been produced so as to avoid the hearing process; However, the burden. of proof is not on the Establishment to prove its innocence, The burden of proof is on, the City to prove that the Respondent violated the City Code by having unlicensed massage therapists, The City failed to provide such proof, The City has not demonstrated by a preponderance of evidence that Respondent has violated Eagan City Code by having unlicensed. massage therapists. Based on. the foregoing, the Special Hearing Officer makes the following: RECOMMENDA':TION I recommend that the matter be dismissed. Dated.: KORINE L. LAND SPECIAL HEARING OFFICER Reported.: Digitally Recorded q\ ADMINISTRATIVE HEARING FOR THE CITY OF EAGAN In the matter of the massage therapist license of Yang Yu, FINDINGS OF FACT AND RECOMMENDATION Respondent. The above entitled matter came on for a hearing before Special Hearing Officer Korine Land at 3:00 p.m. on Wednesday, May 8, 2013, at Eagan City Hall, 3830 Pilot Knob Road, Eagan, Minnesota. The City of Eagan was represented by Eagan City Clerk Christina Scipioni and Eagan Police Detective (Lawrence) Mark Kritzeck, Jr, Yang Yu, ( "the Respondent ") was present and was represented by Attorney A.L. Brown. Julio A. Alaniz, owner of Heavenly Asian Massage, was also present. FINDINGS OF FACT 1. The Respondent was charged with violating the following two provisions of the Eagan City Code: a. Eagan City Code Chapter 6.39.4.C.6, which requires that only massage therapists who are licensed by the City of Eagan ( "the City ") shall practice therapeutic massage; and b. Eagan City Code Chapter 6.03.5, which states that no license shall be issued to a person with a questionable moral character or business reputation as related to the activity for which a license is sought. 2. Respondent received proper notice of the hearing. 3. Respondent is the license holder of a massage therapist license, as well as the on- premises manager at 4215 Nichols Road in the City of Eagan, known as Heavenly Asian Massage (the "Establishment"), 4. Eagan City Code Chapter 6.39.4.G states that the on- premises manager is responsible for the conduct of the licensed premises. 5. Det. Kritzeck conducted an undercover operation on March 20, 2013, in order to determine if there was any prostitution activity at the Establishment after the City received complaints of suspicious activity. QD 6. On March 20, 2013, Det. Kritzeck entered the Establishment and received a massage from a massage therapist who identified herself as "Mary." 7. Det. Kritzeck described "Mary" as an Asian female, approximately 5' 5" to 5' 6" in height, between 25 and 35 years old, with a slender build. 8. "Mary" told Det. Kritzeck that there were four massage therapists who worked at the Establishment. 9, During the one hour and ten minutes that Det. Kritzeck was inside the Establishment, he was aware of the presence of one other female in the Establishment, but he did not know if she was a customer or an employee. 10. In spite of his efforts to subtly request sexual services, "Mary" declined his advances. 11. Det. Kritzeck did not observe any suspicious activity that was related to prostitution while he was in the Establishment. 12. Det. Kritzeck ruled out any criminal activity related to prostitution. 13. The only licensed massage therapist the City has on record as working at Heavenly Asian Massage is Respondent. 14. There is only one licensed massage therapist in the City of Eagan named Mary, and she does not fit the physical description of the "Mary" who gave Det. Kritzeck his massage. 15. Neither Det, Kritzeck nor City Clerk Scipioni knows the true identity or full name of the "Mary" who gave Det. Kritzeck his massage. 16. Neither Det. Kritzeck nor City Clerk Scipioni conducted a follow -up investigation with "Mary" at Heavenly Asian Massage to determine if "Mary" has a massage therapy license under a different name. 17. Neither Det. Kritzeck nor City Clerk Scipioni knows whether or not "Mary" has a massage therapy license from the City. 18. Neither Det. Kritzeck nor City Clerk Scipioni conducted a follow -up investigation to determine if there are any other massage therapists at Heavenly Asian Massage, 19. Neither Det. Kritzeck nor City Clerk Scipioni knows if there are any other massage therapists working at Heavenly Asian Massage. 20. The basis of the allegation against Respondent is the information provided by the unidentified "Mary." 2 �, 3 21. When applying for a massage therapy license, the City of Eagan requires massage therapists to list their business or employer on the application, indicating where they will be practicing massage therapy. 22. The Eagan City Code does not require massage therapists to update their licenses with the City when they change businesses or employers. 23. The Eagan City Code does not require massage therapy establishments to provide the City with a list of licensed massage therapists working at their establishments. Based on the foregoing Findings of Fact, the following Memorandum is hereby incorporated into this Recommendation: MEMORANDUM The City has complied with all relevant substantive and procedural requirements of Minnesota Statutes, Rules and the Eagan City Code, The Respondent was given timely and proper notice of the hearing in this matter, According to the massage therapy business license application of Julio A. Alaniz, the application identifies Yang Yu, the Respondent, as the on- premises manager of Heavenly Asian Massage. Respondent has a massage therapist license issued by the City of Eagan. On March 20, 2013, the Police Department conducted an undercover investigation at Heavenly Asian Massage based on complaints of alleged prostitution -type activity. The City admits that the undercover investigation did not reveal any prostitution activity; however, it did expose the possibility that there may be unlicensed massage therapists performing massages at the Establishment. The sole source of information regarding the potentially unlicensed massage therapists at the Establishment is a massage therapist named "Mary," who gave Det. Kritzeck his massage. Neither Det. Kritzeck nor the City Clerk knows "Mary's" frill name or knows if it is her real name. Since the only massage therapist who is licensed by the City with a first name of Mary does not fit the description of "Mary" at the Establishment, the City assumed that "Mary" was unlicensed. Similarly, since the City only has a record of one licensed massage therapist at the Establishment (Respondent), the City assumed that other massage therapists reportedly working at the Establislunent were also unlicensed. The City failed to provide evidence that "Mary" is unlicensed. The City did not ask "Mary" her real name to determine if she has a license with the City. Had the City discovered the real identity of "Mary" it could have checked its records to positively conclude if she has a license under a different name. C�Lj The City failed to provide evidence that there are unlicensed massage therapists working at the Establishment. The City assumed that because it had no record of other licensed massage therapists working at the Establishment, that all other massage therapists must be unlicensed. However, the City did nothing to affirm that any other massage therapists even work at the Establishment. Det. Kritzeck did not see any other individuals giving massages at the Establishment, The City has the authority under City Code 6.39.42.1 to enter and inspect a licensed premise to ensure compliance with the City Code. It is conceivable that an inspection of the premises might include the inspection of documents, such as the licenses of anyone practicing massage therapy, However, the City did not ask the Respondent, the on- premises manager, for such documentation. The City Clerk admitted that the massage therapy ordinance does not require massage therapists to update their licenses if they change businesses or employment. Therefore, the City's records may not accurately reflect the movement of licensed massage therapists within City limits. It is entirely possible that "Mary," if not her real name, has a license with the City and worked for a different business or employer when she obtained her license. Common sense would dictate that if "Mary" had such a license, it would have been produced so as to avoid the hearing process; however, the burden of proof is not on the Establishment to prove its innocence. The burden of proof' is on the City to prove that the Respondent violated the City Code by having unlicensed massage therapists at the establishment where she is the on- prerises manager. The City failed to provide such proof, There were no facts or evidence presented by the City to suggest or imply that Respondent has a questionable moral character or business reputation. The City has not demonstrated by a preponderance of evidence that Respondent has violated Eagan City Code by having unlicensed massage therapists or that she is of questionable moral character. Based on the foregoing, the Special Hearing Officer makes the following: RECOMMENDATION I recommend that the matter be dismissed. Dated: ,' (,d KORINE L. LAND SPECIAL HEARING OFFICER Reported: Digitally Recorded 4 q9 RESOLUTION NO. _ CITY OF EAGAN ACCEPTING HEARING OFFICER'S FINDINGS OF FACT AND RECOMMENDATION IN THE MATTER OF THE MASSAGE THERAPY ESTABLISHMENT LICENSE OF JULIO ALANIZ DOING BUSINESS AS HEAVENLY ASIAN MASSAGE WHEREAS, on September 14, 2012, the City of Eagan issued a Massage Therapy Establishment License to Julio Alaniz, doing business as Heavenly Asian Massage, 4215 Nicols Road; and WHEREAS, Eagan City Code Chapter 6.39 requires each a massage therapy establishment and massage therapists to obtain a license from the City; and WHEREAS, in response to complaints about the operations of Heavenly Asian Massage, the Eagan Police Department conducted an investigation of the establishment and discovered evidence that a massage therapist working at Heavenly Asian Massage may not have a massage therapist license from the City of Eagan; and WHEREAS, on April 16, 2013, the Eagan City Council directed the matter of the alleged massage therapy establishment regulation violations be presented to an independent hearing officer for an administrative hearing for Findings and Recommendations on the alleged violations; and WHEREAS, an administrative hearing was held on May 8, 2013; and WHEREAS, the administrative hearing officer issued Findings of Fact and Recommendation (attached as Appendix A); NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby accepts the Findings of Fact and Recommendation in the matter of the massage therapy establishment license of Julio Alaniz doing business as Heavenly Asian Massage. Motion by: Seconded by: Those in favor: Those against: Date: June 4, 2013 M CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Deputy Clerk CERTIFICATION I, , Deputy Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 0' day of June, 2013, Deputy City Clerk CItJ RESOLUTION NO. _ CITY OF EAGAN ACCEPTING HEARING OFFICER'S FINDINGS OF FACT AND RECOMMENDATION IN THE MATTER OF THE MASSAGE THERAPIST LICENSE FOR YANG YU WHEREAS, on September 27, 2012, the City of Eagan issued a massage therapist license to Yang Yu; and WHEREAS, Eagan City Code Chapter 6.39,subd. 4requires that only massage therapists who are licensed by the City of Eagan shall practice therapeutic massage within the City; and WHEREAS, Yang Yu is the on- premises manager at 4215 Nichols Road, Heavenly Asian Massage; and WHEREAS, in response to complaints about the operations of Heavenly Asian Massage, the Eagan Police Department conducted an investigation of the establishment and discovered evidence that a massage therapist working at Heavenly Asian Massage may not have had a massage therapist license from the City of Eagan; and WHEREAS, on April 16, 2013, the Eagan City Council directed the matter of the alleged massage therapist license violations be presented to an independent hearing officer for an administrative hearing for Findings and Recommendations on the alleged violations; and WHEREAS, an administrative hearing was held on May 8, 2013; and WHEREAS, the administrative hearing officer issued Findings of Fact and Recommendation (attached as Appendix A); NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby accepts the Findings of Fact and Recommendation in the matter of the massage therapist license of Yang Yu. Motion by: Seconded by: Those in favor: Those against: Date: June 4, 2013 so CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Deputy Clerk CERTIFICATION I, , Deputy Clerk of the City, of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 4"' day of June, 2013. Deputy City Clerk Agenda Information Memo June 4, 2013 Eagan City Council Meeting B. ORDINANCE AMENDMENT — AN ORDINANCE AMENDMENT TO CITY CODE CHAPTER 6 (MASSAGE THERAPY REGULATIONS) TO REQUIRE MASSAGE THERAPISTS AND MASSAGE THERAPY ESTABLISHMENTS TO POST THERAPIST AND ESTABLISHMENT LICENSES ON- PREMISE ACTION TO BE CONSIDERED: To approve an ordinance amendment to City Code Chapter 6 to require massage therapists and massage therapy establishments to post therapist and establishment licenses on- premise. FACTS: • Per the direction of the Council, an ordinance amendment has been prepared that specifically calls out in the Massage Therapy Regulation section of City Code the need for both massage establishments and massage therapists to post their licenses on- premise. • The amendment notes that a massage therapy establishment license shall be posted in plain view of the general public on the licensed premises. • Likewise, the amendment notes that a licensed massage therapist shall post his or her valid license in plain view of the general public and on the licensed premises where he or she provides massage therapy or therapeutic massage. ATTACHMENTS (1): Enclosed on pages (nl and W,a is the proposed ordinance amendment to Chapter 6 (Massage Therapy Regulations). C�a ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SIX ENTITLED "OTHER BUSINESS REGULATION AND LICENSING" BY AMENDING SECTION 6.39 TO REQUIRE POSTING OF MASSAGE THERAPIST AND MASSAGE THERAPY ESTABLISHMENT LICENSES; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER ONE AND SECTION 6.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Six is hereby amended by adding Section 6.39, subd. 4(E)(3), to read as follows: E. License condition and unlawful acts. 3.. The licensee shall post its valid establishment license and the valid license of each massage therapist providing massage therapy at the licensed establishment in plain view of the eg neral public on the licensed premises. Section 2. Eagan City Code Chapter Six is hereby amended by changing Section 6.39 subd. 5(A), to read as follows: A. License required. It is unlawful for any person to provide or practice therapeutic massage therapy without a license therefor from the city. It is unlawful for anv person to provide or practice therapeutic massage therapv in anv place except within a licensed massage tg herapy establishment, unless a temporary off -site permit is issued in accordance with the provisions of this Section. Section 3. Eagan City Code Chapter Six is hereby amended by adding Section 6.39, subd. 5(C)(2), to read as follows: C. Restrictions and regulations. 2. A licensed massage therapist shall post his or her valid license in plain view of the general public on the licensed premises where he or she provides massage py or therapeutic massage. Section 4. Eagan City Code Chapter One entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation "' and Section 6.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 5. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. Lot ATTEST: By: Its: Deputy City Clerk Date Ordinance Adopted: CITY OF EAGAN City Council By: Mike Maguire Its: Mayor Date Ordinance Published in the Legal Newspaper: lDO Agenda Information Memo June 4, 2013 Eagan City Council Meeting C. ORDINANCE AMENDMENT — AN ORDINANCE AMENDMENT TO CITY CODE CHAPTER 6 (TOBACCO LICENSING REGULATIONS) TO PROHIBIT SMOKING IN LICENSED TOBACCO RETAIL PREMISES ACTION TO BE CONSIDERED: To approve an ordinance amendment to City Code Chapter 6 to prohibit smoking in licensed tobacco retail premises. FACTS: • The Minnesota Clean Indoor Air Act ( MCIAA) prohibits indoor smoking in public places. There is an exemption in the MCIAA that allows customers in a tobacco products shop to smoke tobacco for the specific purpose of sampling the product. The Minnesota Department of Health has informed City staff that the MCIAA prohibits indoor sampling lounges, including hookah lounges, and has advised staff not to issue tobacco licenses for shops with tobacco or hookah lounges. However, because State Statute does not define "sampling," the Department of Health does not take enforcement action against licensed tobacco products shops with tobacco or hookah lounges. Due to the lack of definition of sampling by the State, and to avoid ambiguity, the City Attorney's office advised that the City could amend City Code to prohibit smoking entirely at licensed tobacco retail premises. • Per the direction of the Council, an ordinance amendment has been prepared that prohibits smoking at licensed tobacco retail premises. The prohibition of smoking means that sampling of products cannot occur within licensed tobacco retail establishments. ATTACHMENTS (1): Enclosed on page S is the proposed ordinance amendment to Chapter 6 prohibiting smoking in licensed tobacco retail premises. �D3 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SIX ENTITLED "OTHER BUSINESS REGULATION AND LICENSING" BY AMENDING SECTION 6.34 TO PROHIBIT SMOKING IN LICENSED TOBACCO RETAIL PREMISES; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER ONE AND SECTION 6.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Six is hereby amended by adding the following definition to Section 6.34, subd. 2, to read as follows: Smoking means inhaling or exhaling smoke from any lighted cigar, cigarette, _ pipe, or any other lighted tobacco or plant product. Smoking also includes carrying a lighted cigar, cigarette, pipe, or any other lighted tobacco or plant product intended for inhalation. Section 2. Eagan City Code Chapter Six is hereby amended by adding Section 6.34, subd. 6(C), to read as follows: Subd. 6 Conditions of license. C. Notwithstanding any exceptions for tobacco products shops as set forth in the Minnesota Clean Indoor Air Act, no licensee shall directly or indirectly_ permit smoking in the licensed premises. All licensees under this section shall be responsible for the actions of their employees and patrons in regard to any smoking in the licensed premises. Section 3. Eagan City Code Chapter One entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation "' and Section 6.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 4. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: By: Its: Deputy City Clerk Date Ordinance Adopted: CITY OF EAGAN City Council By: Mike Maguire Its: Mayor Date Ordinance Published in the Legal Newspaper: 1 ()Lj Agenda Information Memo June 4, 2013, Eagan City Council Meeting VII. NEW BUSINESS A. COMPREHENSIVE GUIDE PLAN AMENDMENT — HUNTER - EMERSON, LLC ACTION TO BE CONSIDERED: To direct staff to submit a Comprehensive Guide Plan Amendment to the Metropolitan Council to change the land use designation from LD (Low Density) to QP (Quasi - Public) for approximately 0.48 acres of property located at 1290 Cliff Road. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The subject site recently received approval of a Low Density land use designation as part of the Dakota Path project to allow redevelopment as a single- family residential subdivision. ➢ The proposed development retains the existing monopole within the site, a use that is not consistent with the new Low Density land use designation. ➢ As such, to fulfill one of the conditions of preliminary approval, the applicant has submitted a Comprehensive Guide Plan Amendment request to guide the proposed monopole parcel Quasi - Public rather than Low Density. ➢ If approved, implementation of the QP land use designation would be done at the time of final subdivision, when 0.48 -acre site is platted as a separate parcel (Lot 1, Block 4, Dakota Path) containing the monopole and associated ground equipment. ➢ The Advisory Planning Commission held a public hearing on the request at the May 28, 2013, meeting and did recommend approval. ISSUES: None ATTACHMENTS: (2) Location Map, page Planning Report, pages y)9 through APC Draft Minutes will be included in additional information on Monday, June 3, 2013. l � �J PLANNING REPORT CITY OF EAGAN REPORT DATE: May 21, 2013 APPLICANT: Hunter- Emerson, LLC PROPERTY OWNER: Parkview Golf Associates, LLC CASE: 34- CG- 03 -05 -13 HEARING DATE: May 23, 2013 APPLICATION DATE: May 3, 2013 REQUEST: Comprehensive Guide Plan PREPARED BY: Pamela Dudziak Amendment LOCATION: S of Cliff Road between Fairway Hills Drive and Parkcliff Drive COMPREHENSIVE PLAN: LD, Low Density ZONING: PD, Planned Development SUMMARY OF REQUEST Hunter - Emerson is requesting approval of a Comprehensive Guide Plan Amendment from LD (Low Density) to QP (Quasi- Public) for 0.48 acres located at 1290 Cliff Road, south of Cliff Road between Fairway Hills Drive and Parkcliff Drive. The request pertains to a portion of the property containing an existing communications monopole and associated ground equipment, which is proposed to be platted as Lot 1, Block 4, Dakota Path. The Dakota Path development received Preliminary Subdivision approval from the City Council on April 19, 2013. AUTHORITY FOR REVIEW Comprehensive Guide Plan Amendment: The city's Comprehensive Guide Plan was prepared pursuant to Minnesota Statutes, Section 473.864. As defined by statute, the Land Use Plan is a guide and may be amended from time to time as conditions change. The city's Guide Plan is to be implemented by official controls such as zoning and other fiscal devices. The creation of land use districts and zoning is a formulation of public policy and a legislative act. As such, the classification of land uses must reasonably relate to promoting the public health, safety, morals and general welfare. When a change to a city's Comprehensive Guide Plan is requested, it is the city's responsibility to determine if the change is in the best long -range interests of the city. The standard of review of a city's action in approving or denying a Comprehensive Guide Plan amendment is whether there exists a rational m `� Plaraiing Report — Dakota Path Cell Tower May 23, 2013 Page 2 basis. A rational basis standard has been described to mean having legally sufficient reasons supportable by the facts which promote the general health, safety and welfare of the city. BACKGROUND /HISTORY On April 19, 2013, the City Council approved and implemented a land use amendment for the 79 -acre Parkview Golf Course site changing the land use designation from PR, Private Recreation to LD, Low Density residential. At the same time, the City Council approved a Rezoning, Preliminary Planned Development and Preliminary Subdivision for a single- family residential development upon this site. The proposed development retains an existing monopole on the northern portion of the property within a new lot created by the subdivision. At 20,896 sq. ft., the parcel is just under one -half acre in area. Since commercial use communications towers are not permitted in residential districts, a condition of approval for the Dakota Path development proposal required the monopole parcel to be guided QP, Quasi- Public rather than LD, Low Density, and within the Planned Development the parcel was to be designated PF, Public Facilities, prior to Final Subdivision. EXISTING CONDITIONS The site is developed as a golf course and driving range. The existing monopole was constructed after obtaining CUP approval in 1998. The monopole was expanded to a height of 110 feet in 2009. The existing location of the monopole and supporting equipment will not change. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Proposal — A Low Density land use designation was recently approved for this site to allow redevelopment as a single - family residential subdivision. The proposal retains the existing monopole within the site, a use that is not consistent with the new Low Density land use designation. As such, to fulfill one of the conditions of preliminary approval, the applicant has submitted a Comprehensive Guide Plan Amendment request to guide the proposed monopole parcel Quasi - Public rather than Low Density. X012 Existing Use Zoning Land Use Designation North City utility buildings, Twinhomes PF, Public Facilities; R -2, Two - family Resid. QP, Quasi - Public; MD, Medium Density Resid, East Single - Family Residential R -1, Single - Fanuly LD, Low Density Residential South Lebanon Hills Regional Park P, Park P, Parks, Open Space & Recreation West Single - Fanuly Residential I R -1, Single - Family LD, Low Density Residential EVALUATION OF REQUEST Proposal — A Low Density land use designation was recently approved for this site to allow redevelopment as a single - family residential subdivision. The proposal retains the existing monopole within the site, a use that is not consistent with the new Low Density land use designation. As such, to fulfill one of the conditions of preliminary approval, the applicant has submitted a Comprehensive Guide Plan Amendment request to guide the proposed monopole parcel Quasi - Public rather than Low Density. X012 Planning Report — Dakota Path Cell Tower May 23, 2013 Page 3 The property will be platted with the Dakota Path subdivision as a 0.48 -acre parcel (Lot 1, Block 4, Dakota Path) containing the monopole and associated ground equipment. Compatibility with Surrounding Area — With the Council's recent action to approve preliminary development plans for the property, the monopole was determined to be compatible with existing and proposed surrounding uses. Metropolitan Council Review — The proposed land use amendment is subject to review by the Metropolitan Council. Because of the small size of the subject site and its distance from adjacent communities, and because proposal does not affect the City's growth forecasts or TAZ allocations, the City may waive the adjacent community review of the Comprehensive Guide Plan Amendment. SUMMARY /CONCLUSION This request is an outgrowth of previous preliminary development approvals for the subject site, which retained the monopole with redevelopment of the property, and identified the inconsistency of the commercial tower use within a residential district. This request will result in the land use designation for the parcel being consistent with the existing monopole use. The Preliminary Planned Development includes the monopole, and thus, a corresponding Rezoning request is not necessary. ACTION TO BE CONSIDERED To recommend approval of a Comprehensive Guide Plan Amendment from LD (Low Density) to QP, Quasi - Public, for approximately 0.48 acres located south of Cliff Road upon property located south of Cliff Road between Fairway Hills Drive and Parkeliff Drive, proposed as Lot 1, Block 4, Dakota Path. 01� am Current Zoninq and Land Use Map City of Eap Application: Hunter /Emerson - Dakota Path Cell Tower Type: Comprehensive Plan Amendment Case No.: 34- CG- 03 -05 -13 Zoning PD Planned Development Land Use Plan LD Low Density N 0 300 600 1,200 Goof tom. I :�= 3 f l No No e W W '#' 4 s S - - A i WgU 4 Yl z 0 P O 3Ntl A8090 r MI Ld mi C) I ow C) w wo 0 I- l 3 SITE PLAN � LZ- < ul lw� US Cf) E5 z w m> i 33 rc Qp ck,4 CZ2 ;rz LU Uj Q�: A - --I :;l I oI U.. iJ39Nnci it Lij 011 vI 2 Ow BLL ms U LL) or: LU 3. C) 0 S < 0 ui C) Z 0 < (1) 0 w < z w z 0 W Z 1w. W-W -z w tlfl UJ COD C\ z % zz z- + ------------ LH H"O j rc Poe .J. d .0 7/4" .01 zFM - M RT M U) Z R T C\2 00 W-1- SITE PLAN - DETAIL LU Cy- Narrative: Dakota Path Land Use Amendment Lot 1, Block 4; Cellular Site In recent years, a growing number of homes and businesses rely solely on cellular communication devices for phone, internet, and cable television. As a result, cellular towers have become critical infrastructure and are necessary to provide the highest level of service to residents, local businesses, and government services from basic daily needs to emergency circumstances. As part of the conditions of approval, Lot 1, Block 4 of the Dakota Path preliminary subdivision, will need to conform to a land use designation for the continued use as a cellular site. The comprehensive guide amendment being requested is (QP) Quasi- Public. The site is currently guided as (PR) Public Recreation and zoned (P) Parks. The 79 acre site has preliminary approval to be rezoned to (PD) Planned Development with Lot 1, Block 4 shown as a (PF) Public Facilities use. The surrounding land use to the east, west and north consists of low to medium density residential. The City of Eagan's well #10 and booster station is also located to the north. To the south, redevelopment will change the current recreational land use to low density residential. In addition to the retention of the 110' ft. communication monopole and related equipment, the long term land use for Lot 1, Block 4 will also provide green space. The monopole will continue to be separated from surrounding homes through local roadways and green space. The existing cell site will be integrated into the landscape design of the Dakota Path entrance monumentation area. No additional uses are planned or approved for the subject parcel. The cellular monopole and related equipment is owned and maintained by AT & T. ClearWire is an additional provider leasing at the site. AT & T has determined that this location is essential to meet the demand for area coverage. The existing tower has been located at the current site since 1998 without incident. RECEIVED MAY 0 12013 NARRATIVE �1� Agenda Information Memo June 4, 2013, Eagan City Council Meeting B. COMPREHENSIVE GUIDE PLAN AMENDMENT AND REZONING (NICOLS RIDGE PARK) — CITY OF EAGAN ACTION TO BE CONSIDERED: To direct staff to submit a Comprehensive Guide Plan Amendment to the Metropolitan Council changing the land use designation from SA /MD (Special Area/Medium Density) to SA/P (Special Area/Parks, Open Space and Recreation), for approximately 3.5 acres located at 3994 Cedar Grove Parkway. Also proposed with this request is a Rezoning of the property from PD (Planned Development) to P (Park). While it is appropriate for the Council to review the Rezoning request in conjunction with the Comprehensive Guide Plan Amendment, final action on the Rezoning request will be withheld until the Comprehensive Guide Plan Amendment is implemented. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: The subject site is located within the Cedar Grove Special Area as designated in the City's 2030 Comprehensive Guide Plan which includes policies to incorporate park and public spaces for the benefit of residents and businesses in the area. ➢ The site was previously included as part of the Nicols Ridge residential Preliminary Planned Development, and so guided and zoned accordingly. ➢ With Paragon's recent acquisition of other land in the core redevelopment area for a 25- acre commercial retail outlet center, Paragon also acquired this 3.5 acres site and dedicated it to the City for use as a park. ➢ This location places the park in proximity to existing residential uses, and anticipated higher density residential development to the west. A Master Plan for the park was developed that reflects the needs of residents, conservation of the resources and the character /theme of the area. Development of the park project is being coordinated with other improvements along the parkway. ➢ These requests will re -guide and rezone the property to facilitate development of the site as a public park and recreation space. ➢ The Advisory Planning Commission held a public hearing on the request at the May 28, 2013, meeting and did recommend approval of both the Comprehensive Guide Plan Amendment and Rezoning. ISSUES: None ATTACHMENTS: (2) Location Map, page 1116 Planning Report, pages 1 q through \D9 APC Draft Minutes will be included in additional information on Monday, June 3, 2013. \0 Location i •' Project Name: Nicols Ridge Park Request:: Comp Guide Amendment, Rezoning Case No: 19- CG- 02- 04 -13, 19- RZ- 03 -04 -13 City of Eap W I I_ I Feet Legend 0 500 1,000 2,000 dakota_Path_ antennae Parcels Buildings Parks .ieiii 16iigCltyBoundary N t ` lono prk L t Yankea poodle Rd t t pulley Rd CIRf Rd t j 1 Project Name: Nicols Ridge Park Request:: Comp Guide Amendment, Rezoning Case No: 19- CG- 02- 04 -13, 19- RZ- 03 -04 -13 City of Eap W I I_ I Feet Legend 0 500 1,000 2,000 dakota_Path_ antennae Parcels Buildings Parks .ieiii 16iigCltyBoundary N PLANNING REPORT CITY OF EAGAN REPORT DATE: May 21, 2013 APPLICANT: City of Eagan PROPERTY OWNER: Eagan Economic Development Authority REQUEST: Comprehensive Guide Plan Amendment & Rezoning LOCATION: 3994 Cedar Grove Pkwy. CASE: 19- CG- 02- 04 -13; 19- RZ- 03 -04 -13 HEARING DATE: May 23, 2013 APPLICATION DATE: May 3, 2013 PREPARED BY: Pamela Dudziak COMPREHENSIVE PLAN: SA /MD, Special Area/Medium Density ZONING: PD, Planned Development SUMMARY OF REQUEST The City of Eagan is requesting approval of a Comprehensive Guide Plan Amendment from SA /MD (Special Area/Medium Density) to SA /P (Special Area/Parks, Open Space and Recreation), and a Rezoning from PD (Planned Development), to P (Park), for approximately 3.5 acres located at 3994 Cedar Grove Parkway, south of Cedar Grove Parkway and east of Nicols Road upon property legally described as Outlot C, Paragon Addition. AUTHORITY FOR REVIEW Comprehensive Guide Plan Amendment: The city's Comprehensive Guide Plan was prepared pursuant to Minnesota Statutes, Section 473.864. As defined by statute, the Land Use Plan is a guide and may be amended from time to time as conditions change. The city's Guide Plan is to be implemented by official controls such as zoning and other fiscal devices. The creation of land use districts and zoning is a forinulation of public policy and a legislative act. As such, the classification of land uses must reasonably relate to promoting the public health, safety, morals and general welfare. When a change to a city's Comprehensive Guide Plan is requested, it is the city's responsibility to detennine if the change is in the best long -range interests of the city. The standard of review of a city's action in approving or denying a Comprehensive Guide Plan amendment is whether there exists a rational basis. A rational basis standard has been described to mean having legally sufficient reasons supportable by the facts which promote the general health, safety and welfare of the city. `� 9 Planning Report — Nicols Ridge Park May 23, 2013 Page 2 Rezoning: City Code Chapter 11, Section 11.50, Subd. 5 states in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the regulations of any district may only be made by an affirmative vote of two - thirds of all members of the council. 2. The City Council shall not rezone any land or area in any zoning district or make any other proposed amendment to the zoning ordinance without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND /HISTORY The subject site is located within the Cedar Grove Special Area as designated in the City's 2030 Comprehensive Guide Plan; this Special Area includes policies to incorporate public spaces and parks within the redevelopment area. The Cedar Grove Redevelopment District was created in 2003, and contemplates that recreation areas would be provided with redevelopment. The earlier 1999 Village Plaza Plan also envisioned cormnunity gathering spaces and connections to adjacent park areas. With Paragon's recent acquisition of other land in the core redevelopment area for a 25 -acre commercial retail outlet center, Paragon also acquired this 3.5 acres site and dedicated it to the City for use as a park. EXISTING CONDITIONS The site is undeveloped and wooded. It is located adjacent to the Nicols Ridge twnhomes which are currently under construction. A public parking garage is planned adjacent to the site north of Cedar Grove Parkway. Access to the property is provided from Cedar Grove Parkway. Redevelopment and reinvestment has been occurring in the general area since the redevelopment district was created. Examples include Keystone Senior Living, Nicols Ridge Townhomes, Lincoln Place, and recently approval was granted for Paragon's 400,000+ sq. ft. retail outlet development. In addition, the Minnesota Valley Transit Authority completed the first phase of the Cedar Grove Transit Station at Nicols Road and Cedar Grove Parkway which will be one of the stops on the Cedar Avenue /Red Line Bus Rapid Transit system. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: JAO Plaiming Report — Nicols Ridge Park May 23, 2013 Page 3 EVALUATION OF REQUEST Compatibility with Surrounding Area =Park use appears to be compatible and complementary to the existing and anticipated surrounding uses which include residential multi- family, townhomes and single - family, as well as retail commercial and service uses. The Cedar Grove Special Area had planned a — 2 -acre park as part of the mixed use development. Ultimately, the park was relocated to this section of the redevelopment area due to the pending Paragon outlet center development. The proposed location of the park puts it in closer proximity to existing residential uses, and anticipated higher density residential development to the west. Airport Noise Compatibility — The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan and has subsequently adopted zoning standards to assist with noise mitigation that are consistent with Metropolitan Council requirements. The proposed Land Use designation associated with this request is P, Parks, Open Space and Recreation. The subject site is located within the one -mile buffer of Airport Noise Policy Zone 4. The adopted zoning standards consider outdoor recreational uses as Provisional within the Buffer Zone. Park Plan — In anticipation of receiving this land dedication, the City Parks and Recreation Department has had discussions with the Advisory Parks and Recreation Commission regarding the park facilities for this site. Neighborhood meetings have also been conducted to include adjacent property owners in that process. As a result, a Master Plan for the park was developed that reflects the needs of residents, conservation of the resources and the character /theme of the area. Development of the park project is being coordinated with other improvements along the parkway. Topography/ Grading — The northern half of the site is generally open, and the southern half is heavily treed. Only the northern one -third of the site will be disturbed for construction of the park, with the exception of a narrow strip of land to accommodate a bituminous trail between the proposed park and the southeast corner of the site. A high point is located in the middle of the site and the property slopes down toward the perimeter of the property. Elevations range from approximately 821 to 858. �a� Existing Use Zoning Land Use Designation North Vacant; public parking PD, Planned Development SA /CGD garage and future development South Residential — PD, Plamied Development SA /CGD; Special townhomes and single- R -1, Single - family Area /Cedar Grove District family LD, Low Density East Townhomes PD, Planned Development SA /MD, Special Area/Medium Density West Vacant PD, Planned Development SA /MD, Special Area/Medium Density EVALUATION OF REQUEST Compatibility with Surrounding Area =Park use appears to be compatible and complementary to the existing and anticipated surrounding uses which include residential multi- family, townhomes and single - family, as well as retail commercial and service uses. The Cedar Grove Special Area had planned a — 2 -acre park as part of the mixed use development. Ultimately, the park was relocated to this section of the redevelopment area due to the pending Paragon outlet center development. The proposed location of the park puts it in closer proximity to existing residential uses, and anticipated higher density residential development to the west. Airport Noise Compatibility — The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan and has subsequently adopted zoning standards to assist with noise mitigation that are consistent with Metropolitan Council requirements. The proposed Land Use designation associated with this request is P, Parks, Open Space and Recreation. The subject site is located within the one -mile buffer of Airport Noise Policy Zone 4. The adopted zoning standards consider outdoor recreational uses as Provisional within the Buffer Zone. Park Plan — In anticipation of receiving this land dedication, the City Parks and Recreation Department has had discussions with the Advisory Parks and Recreation Commission regarding the park facilities for this site. Neighborhood meetings have also been conducted to include adjacent property owners in that process. As a result, a Master Plan for the park was developed that reflects the needs of residents, conservation of the resources and the character /theme of the area. Development of the park project is being coordinated with other improvements along the parkway. Topography/ Grading — The northern half of the site is generally open, and the southern half is heavily treed. Only the northern one -third of the site will be disturbed for construction of the park, with the exception of a narrow strip of land to accommodate a bituminous trail between the proposed park and the southeast corner of the site. A high point is located in the middle of the site and the property slopes down toward the perimeter of the property. Elevations range from approximately 821 to 858. �a� Planning Report— Nicols Ridge Park May 23, 2013 Page 4 Storm Water Drainage — The entire site lies within Drainage District A (as designated in the City Storm Water Management Plan — 2007). The northern half of the site drains to the north to Cedar Grove Parkway, then enters the existing storm sewer at Nicols Road and is ultimately routed to the Mimiesota River. The southern half drains to a low area to the south toward Cedar Grove Trail. The majority of the site's runoff will be directed into an infiltration basin designed to capture the equivalent of a 2+ inch rain event. Sanitary Sewer and Water Supply— Sanitary Sewer District W (as designated in the City's Comprehensive Sanitary Sewer Plan) serves the area. Lateral sanitary sewer and water main are available along Cedar Grove Parkway. The park plans do not require a connection to either the sanitary sewer or water main systems. Streets/ Access/ Transportation — Street access to the park is provided via Cedar Grove Parkway. The park plans include construction of a 7 stall (6 standard, 1 handicapped) parking lot with access onto Cedar Grove Parkway. An 8' wide bituminous trail will be installed this year along the southern boulevard of Cedar Grove Parkway adjacent to the proposed park. A pedestrian trail connection to the Nicols Ridge neighborhood southeast of the park is also planned. SUMMARY /CONCLUSION This request is an outgrowth of previous development in this Cedar Grove Redevelopment District. Since its inception, the vision for the Redevelopment District has included incorporating park and public spaces for the benefit of residents and businesses in the area. The site was previously included as part of the Nicols Ridge residential Preliminary Planned Development, and so guided and zoned accordingly. Since then, the property has been dedicated to the City in satisfaction of park dedication for the 25 -acre Paragon retail development in the core area of the redevelopment district. These requests will re -guide and rezone the property to facilitate development of the site as a public park and recreation space. ACTION TO BE CONSIDERED To recommend approval of a Comprehensive Guide Plan Amendment from SA /MD (Special Area /Medium Density) to SA /P (Special Area /Parks, Open Space and Recreation) for approximately 3.5 acres located at 3994 Cedar Grove Parkway, south of Cedar Grove Parkway and east of Nicols Road upon property legally described as Outlot C, Paragon Addition. To recommend approval of a Rezoning from PD (Planned Development) to P (Park) for approximately 3.5 acres located at 3994 Cedar Grove Parkway, south of Cedar Grove Parkway and east of Nicols Road upon property legally described as Outlot C, Paragon Addition. � aa. Location flap �� 1 lonnOak RA 1 Y.-k.. 0oodI. 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PRELIMINARY SUBDIVISION, REZONING, AND PRELIMINARY PLANNED DEVELOPMENT — EAGAN ECONOMIC DEVELOPMENT AUTHORITY ACTION TO BE CONSIDERED: To approve (or direct preparation of Findings of Fact for Denial) for a Preliminary Subdivision (Cedar Grove Parkway 2nd Addition) to create two lots upon 8.9 acres currently legally described as Lot 1, Block 2, Paragon Addition, subject to the conditions listed in the APC minutes. To approve a Final Subdivision (Cedar Grove Parkway 2 "d Addition) to create two lots upon 8.9 acres currently legally described as Lot 1, Block 2, Paragon Addition. To approve (or direct preparation of Findings of Fact for Denial) a Rezoning from CGD (Cedar Grove District) to PD (Planned Development) upon proposed Lot 1, Block 1, Cedar Grove Parkway 2 "d Addition, located north of Cedar Grove Parkway and between Fen Way and River Valley Way. To approve (or direct preparation of Findings of Fact for Denial) a Preliminary Planned Development for a two -story public parking garage upon proposed Lot 1, Block 1, Cedar Grove Parkway 2 "d Addition, located north of Cedar Grove Parkway and between Fen Way and River Valley Way, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: ➢ Preliminary Subdivision — Majority of Council Members present ➢ Rezoning & Preliminary Planned Development — At least three votes FACTS: Subdivision: ➢ The City of Eagan and its Economic Development Authority (EDA) are proposing to construct a public parking garage upon this site. In part the proposed garage is to support the recent Paragon Outlets development which was approved earlier this year, and in part to maximize future development of adjacent properties. ➢ Paragon was granted a parking easement to utilize about 3/4 of the 1,543 parking stalls within the new structure. ➢ A Preliminary and Final Subdivision is proposed to separate the parking garage parcel from the balance of the site, which will be reserved for future development. ➢ The Eagan EDA received a grant award from the State of Minnesota for this project which requires the underlying parking facility property to remain under public ownership and solely on its own declared property (proposed Lot 1), necessitating its separation from the future development parcel (proposed Lot 2). The Eagan EDA has committed to . r completing construction of the parking garage for the anticipated opening of Paragon's development in August 2014. ➢ For these reasons, processing the Preliminary and Final Subdivisions simultaneously will enable the EDA to expedite development of the parking structure, meet the project schedule, and fulfill the State requirements for the grant funding. ➢ The Advisory Planning Commission held a public hearing on the proposed Preliminary Subdivision at the May 28, 2013 meeting and did recommend approval. Rezoning and Preliminary Planned Development: ➢ The parcel upon which the garage will be constructed (proposed Lot 1) proposed to be Rezoned to PD, Planned Development, with an accompanying Preliminary Planned Development. ➢ The Planned Development zoning affords flexibility in the strict application of zoning standards with the objective of supporting greater creativity and more efficient use of the land in furtherance of the objectives of the Comprehensive Plan. ➢ Proposed Lot 2 will retain the present CGD zoning designation and will be reserved for future development, the exact nature of which is not yet known. ➢ Since the parking garage is a single phase project, execution of the Planned Development Agreement will constitute the Final Planned Development for Lot 1. The proposed parking garage provides 1,543 parking stalls on two levels with the structural capacity to add a third level in the future. Driveway access to the upper level is in two locations on Cedar Grove Parkway, and to the lower level in two locations on Eagan Outlets Parkway. ➢ A main stair and 2 -car elevator tower is located in the north center of the garage; two additional stair towers are located at the northeast and northwest corners of the garage. The stair and elevator towers correspond to the main pedestrian access points to the Paragon development along Eagan Outlets Parkway. ➢ The design of the parking structure considered the CGD Design Framework, and also reflects the functionality of the structure as it is meant to be complimentary to the surrounding development it supports. Building architecture and finish materials are complimentary to the adjacent Paragon development. ➢ The Advisory Planning Commission held a public hearing on the proposed Rezoning and Preliminary Planned Development at the May 28, 2013 meeting and did recommend approval. ISSUES: ➢ The APC commented on the plan not to install electric vehicle charging stations in the garage at this time and expressed support for the concept if it is cost justified. 60 -DAY AGENCY ACTION DEADLINE: ATTACHMENTS: (2) Location Map, page Planning Report, pages l9 through �bD APC Draft Minutes will be included in additional information on Monday, June 3, 2013. Location M Project Name: Cedar Grove Parkway 2nd Flaqueat:: Rezoning, PD, Prelim 8ubd Case No: 19-RZ-02-04-13,19-PD-02-04-13,19-PS-02-04-13 City / I --J —1 Feet o Legend 500 1.000 2.000 F—1 F--�p^mels aunumov pomo City a""»uory N PLANNING REPORT CITY OF EAGAN REPORT DATE: May 23, 2013 APPLICANT: Eagan Economic Devel. Authority PROPERTY OWNER: Eagan Economic Devel. Authority REQUEST: Preliminary Subdivision; Rezoning; Preliminary Planned Development CASE: 19- PS- 02- 04 -13; 19- RZ- 02- 04 -13; 19- PD- 02 -04 -13 HEARING DATE: May 28, 2013 APPLICATION DATE: April 19, 2013 PREPARED BY: Pamela Dudziak LOCATION: Lot 1, Block 2, Paragon Addition COMPREHENSIVE PLAN: SA/Mixed, Special Area/Mixed Use ZONING: CGD, Cedar Grove District SUMMARY OF REQUEST The City of Eagan Economic Development Authority is requesting approval of a Preliminary and Final Subdivision (Cedar Grove Parkway 2nd Addition) to create two lots upon 8.9 acres legally described as Lot 1, Block 2, Paragon Addition, and a Rezoning from CGD (Cedar Grove District) to PD (Planned Development) and Preliminary Planned Development for a two -story public parking garage upon proposed Lot 1, Block 1. The subject site is located north of Cedar Grove Parkway and currently legally described as Lot 1, Block 2, Paragon Addition. The applicant is simultaneously requesting Final Subdivision and Final Planned Development approval for the parking garage project. Proposed Lot 2, Block 1, Cedar Grove Parkway 2nd Addition is reserved for future development and separate development applications will be pursued at such time as a specific proposal is identified for that parcel. The development of the parking garage is a single -phase project and Preliminary and Final Planned Development approvals will be documented in a Final Planned Development Agreement. �� l Planning Report — Cedar Grove Parkway 2" d Addition May 28, 2013 Pam 2 AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvements are not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements are not likely to cause health problems. G. That the design of the subdivision or the type of improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality V-JQ-)- Planning Report — Cedar Grove Parkway 2" d Addition May 28, 2013 Page 3 Management Plan ". Said document and all of the notations, references and other information contained therein shall have the sane force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as frilly as if set forth herein at length. It shall be the responsibility of the City Cleric to maintain the Water Quality Management Plan and make the same available to the public." Rezoning: City Code Chapter 11, Section 11.50, Subd. 5 states in part, 1. The provisions of this chapter maybe amended by the majority vote of the council, except that amendments changing the regulations of any district may only be made by an affirmative vote of two - thirds of all members of the council. 2. The City Council shall not rezone any land or area in any zoning district or make any other proposed amendment to the zoning ordinance without first having referred it to the planning commission for its consideration and reconunendation. Planned Development: City Code Chapter 11.60, Subd. 18, A., states the intent of the Planned Development zoning district as follows: Providing greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. 2. Recognizing the economic and cultural advantages that will accrue to the residents of a planned community. Encouraging a more creative and efficient approach to the use of the land. 4. Encouraging the preservation and enhancement of desirable site characteristics, natural features, and open space. 5. Encouraging a development pattern that is consistent with land use density, transportation facilities and community facilities objectives of the Comprehensive Plan. BACKGROUND /HISTORY Earlier this year, the City approved development plans for Paragon Outlets, a six - building 440,000 sq. ft. retail outlet shopping center, to be developed in the core area of the Cedar Grove Redevelopment District. As part of that development, a subdivision was completed that created a new street, Eagan Outlets Parkway, which runs through the core area parallel to Cedar Grove Parkway. Right -of -way for two side streets connecting Eagan Outlets Parkway to Cedar Grove Parkway also was dedicated with the Paragon Plat. Planning Report — Cedar Grove Parkway 2"d Addition May 28, 2013 As part of the development and easement agreements associated with the Paragon development, in addition to the surface parking provided on the Paragon site, about half of the required parking would be provided within a parking structure to be built and owned by the Eagan EDA. Paragon was granted a parking easement to utilize about 3/ of the parking stalls within the new structure. The additional parking stalls within the structure are intended to maximize future development on the adjacent properties. EXISTING CONDITIONS The site was recently platted as part of the Paragon Addition and is bounded by Eagan Outlets Parkway to the north, and Fen Way and River Valley Way on the east and west ends of the site. The south side of the site borders on Cedar Grove Parkway, which sits about 14' higher than the north side at Eagan Outlets Parkway. The site was previously developed and has been cleared of structures and fonner landscaping. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Description of Proposal — The Eagan EDA is proposing to construct a two -level parking garage on this site which will support the adjacent Paragon retail development as well as future development in the Cedar Grove area. Since the garage will not occupy the entire site, a subdivision is proposed to split the site into two parcels. Lot 1 containing the parking garage is proposed to be rezoned to PD, Planned Development. Proposed Lot 2 will retain the existing CGD zoning designation and is reserved for future development, the specific use and nature of which is not yet known. A rezoning to Planned Development may be sought for Lot 2 once a specific development is proposed for that parcel. Planned Development and Public Benefit — The property is currently zoned CGD, Cedar Grove District. The CGD zoning district was established in 2002 as a tool to implement the principles of the Cedar Grove Design Framework for compact mixed -use development with an urban design that is pedestrian friendly. The Framework sets forth design principles such as placement �C�'t4 Existing Use Zonina Land Use Designation North Retail — Paragon Outlets PD, Planned Development Special Area/Mixed South Residential — Nicols Ridge PD, Planned Development Special Area/Medium Density East Vacant — future development CGD, Cedar Grove District Special Area/Mixed West Vacant — future development CGD, Cedar Grove District Special /Mixed EVALUATION OF REQUEST Description of Proposal — The Eagan EDA is proposing to construct a two -level parking garage on this site which will support the adjacent Paragon retail development as well as future development in the Cedar Grove area. Since the garage will not occupy the entire site, a subdivision is proposed to split the site into two parcels. Lot 1 containing the parking garage is proposed to be rezoned to PD, Planned Development. Proposed Lot 2 will retain the existing CGD zoning designation and is reserved for future development, the specific use and nature of which is not yet known. A rezoning to Planned Development may be sought for Lot 2 once a specific development is proposed for that parcel. Planned Development and Public Benefit — The property is currently zoned CGD, Cedar Grove District. The CGD zoning district was established in 2002 as a tool to implement the principles of the Cedar Grove Design Framework for compact mixed -use development with an urban design that is pedestrian friendly. The Framework sets forth design principles such as placement �C�'t4 Plamiing Report— Cedar Grove Parkway 2"d Addition May 28, 2013 Page 5 of buildings close to the street, public spaces, multi -story buildings, architectural character, and pedestrian connections. To this end, the CGD district establishes specific standards related to site planning, architecture, buildings materials, landscaping signage and other elements. By its nature, the Cedar Grove Redevelopment District is expected to involve compact and more intense development than is the case in other areas of the City. The City has anticipated that developments within the Redevelopment District will reflect the general expectations of the CGD Code, but will be implemented through Planned Development zoning. This report evaluates the proposed Planned Development in comparison to the CGD zoning district and other City zoning standards, as well as the principles of both the Cedar Grove Commons Special Area Plan and the Cedar Grove Design Framework. The construction of a public parking structure supports more intense development in the Redevelopment District than would otherwise be expected. A commitment to providing this public facility was made by the EDA in the agreements for the adjacent Paragon development. Greater density development with limited or less visible surface parking is consistent with the design principles of the Cedar Grove Design Framework. In the CGD zoning district a parking ramp or parking garage is considered a conditional use, and in this case, it will also be the principal use of Lot 1. The Planned Development zoning serves in lieu of a Conditional Use Pennit, and affords flexibility with the objective of supporting greater creativity and more efficient use of the land in furtherance of the objectives of the Comprehensive Plan. Preliminary Subdivision — The site is proposed to be subdivided into two lots. Lot 1 is 7.1 acres and will contain the parking garage. Lot 2 is 1.8 acres and is reserved for future development. Both lots have frontage on public streets, although driveway access it planned in two locations from both Eagan Outlets Parkway and Cedar Grove Parkway. The Eagan EDA received a grant award from the State of Minnesota for this project that requires the underlying parking facility property to remain under public ownership and solely on its own declared property (proposed Lot 1), necessitating its separation from the future development parcel (proposed Lot 2). The Eagan EDA has committed to completing construction of the parking garage for the anticipated opening of Paragon's development in August 2014. For this reason, the Preliminary and Final Subdivisions are being processed simultaneously because combining these steps will enable the EDA to expedite development of the parking structure to meet this project schedule and fulfill the State requirements for the grant funding. Compatibility with Surrounding Area — The CGD district is mixed use. The subject site is adjacent to residential uses across Cedar Grove Parkway and to the future Paragon retail center across Eagan Outlets Parkway to the north. The future use of Lot 2 is as of yet unknown. The proposed public parking structure was a commitment made in the negotiation of development agreements with Paragon, and in keeping with the vision for the redevelopment district, the structured parking allows redevelopment on surrounding parcels to be intensified. Plaiming Report — Cedar Grove Parkway 2" a Addition May 28, 2013 Page 6 Airport Noise Considerations — The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan and has subsequently adopted zoning standards to assist with noise mitigation that are consistent with Metropolitan Council requirements. The subject site is located within the one -mile buffer of Airport Noise Policy Zone 4. The adopted zoning standards consider transportation facilities a Compatible Use within the Buffer Zone. Lots — Proposed Lot 1 upon which the parking garage will be located is 7.1 acres. Lot 2 is reserved for future development and is 1.80 acres. Both lots have public street frontage. Topography/ Grading — The site is open, and slopes from southeast down to the northwest, with elevations ranging from 814 to 800. The entire site will be disturbed in preparation for the proposed parking garage. All erosion/sediment control plans submitted for development and grading permits should 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, should have received Erosion/Sediment Control Inspector /Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. Stonn Water Management /Water Quality — The entire site lies within Drainage District A (as designated in the City Storrn Water Management Plan — 2007), and generally flows northwest toward Highway 13 and Pond AP -52 within Cedar Grove Boulevard and Highway 13 right -of- way. Pond AP -52 is being modified as part of the City's public improvement project (Cedar Grove Boulevard — Phase Il, Project No. 1088), and will provide storin water management per City standards for this proposed development. Wetlands — Because there are no wetlands on site, City Code §11.67, wetland protection and management regulations, do not apply. Utilities — Trunk and lateral sanitary sewer and water main of sufficient size, depth, and capacity are available to serve the development. Sanitary sewer District W (as designated in the City's Comprehensive Sanitary Sewer Plan) serves the entire site. Streets /Access /Pedestrian Circulation — Street access for the development is proposed via public streets, existing Cedar Grove Parkway to the south, and a new street, "Eagan Outlets Parkway" along the north edge of the site. The upper level of the proposed parking garage will have two direct driveway connections to Cedar Grove Parkway, and the lower level will connect to Eagan Outlets Parkway at two locations. Two public street connections (River Valley Way and Fen Way) will extend from Cedar Grove Parkway to Eagan Outlets Parkway along the west and east sides of the garage. Turn lane and existing median modifications /removals along Cedar Grove Parkway will be necessary to accommodate the public street and parking garage access locations. �:3 (0 Planning Report — Cedar Grove Parkway 2'd Addition May 28, 2013 Page 7 Pedestrian access and circulation will be provided through numerous trails and walks within the redevelopment area. Easements /Permits /Right -of -Way— All necessary easements and right -of -way have been provided with the Paragon Outlets development. All outside agency permits will be obtained as necessary for completion of the site improvements. Financial Obligation — At this time, there are no pending assessments on the parcels proposed for platting. Based upon a study by City staff of the financial obligations collected in the past and proposed use for the property, there are no outstanding charges to be collected at time of final subdivision or connection to the City's utility system. Tree Preservation — The site was previously developed and has been cleared of structures and previous landscaping. Redevelopment of the site includes landscaping. The Landscape Plan shows 93 trees to be planted upon Lot 1 with development of the parking garage, and along the streetscape of Cedar Grove Parkway. Parks and Recreation — Because it is a public facility, park and trail dedications for Lot 1 should be waived for the parking garage. Proposed Lot 2 will be responsible for cash park dedication at the time of development of that lot. The amount of cash dedication will be based on the rates in effect at that time. Sidewalks will be constructed around the entire site perimeter including along the frontage of Lot 2, and fulfills trail dedication requirements. Sidewalk placement is within the public rights -of- way of Eagan Outlets Parkway and River Valley and Fen Ways. On the south side along Cedar Grove Parkway, the sidewalk is partially within the right -of -way and partially within the two lots. This placement is intentional to provide space for boulevard trees between the sidewalk and street curb. Preliminary Planned Development: Project Description — The City contracted with Walker Parking Consultants to design and engineer the parking structure. The structure provides 1,543 parking stalls and is designed with two levels, with the structural capacity to add a third level in the future. The upper level will have two driveway access points to Cedar Grove Parkway, and the lower level will have two driveway access points to Eagan Outlets Parkway. A main stair and 2 -car elevator tower will be located in the north center of the garage. Two additional stair towers are located at the.northeast and northwest corners of the garage. The stair and elevator towers correspond to the main pedestrian access points to the Paragon development along Eagan Outlets Parkway. The CGD zoning district and Cedar Grove Special Area did not contemplate this type of use at this scale. This parking garage is a public facility and is designed to support surrounding development of a nature and intensity that is consistent with the vision for the Redevelopment District. The design of the parking structure considered the CGD Design Framework, and also Planning Report — Cedar Grove Parkway 2 Addition May 28, 2013 reflects the functionality of the structure as it is meant to be complimentary to the surrounding development it supports. As such, it is not expected to fully meet all design standards of the CGD Zoning and the Planned Development zoning affords the flexibility necessary to consider the proposal in that light. Public safety staff has been involved in the preparation of the plans to ensure fire safety and security measures are properly implemented. Fire safety features primarily consist of a dry suppression system that divides the parking garage into three zones to enhance the speed and effectiveness of any fire responses. A security consultant will be involved in preparation and implementation of specific security measures for this facility. Anticipated challenges with winter maintenance including removal and storage of snow suggest the utilization of a pair of snow melters will be needed. Such melters have been successfully used at the MSP airport parking ramps for 30 years and multiple agencies with existing ramps have indicated the need for such features, especially due to the urban nature of the site with limited adjacent green space. Setbacks —The CGD zoning district requires new parking structures to maintain the same setbacks as other structures, except that where such parking structure is adjacent to other parking in a side or rear yard condition, the parking structure may have a zero setback. In general, the CGD zoning district establishes build -to lines of 0 -10 feet for front and side yards, and a minimum setback of 20 feet for rear yards. Where a parking structure is adjacent to an existing use in a side or rear yard condition, the parking structure must maintain at least a ten foot setback. Proposed setbacks vary from the perimeter public rights -of -way with 19' -22' at points along Eagan Outlets Parkway, and 4' or less at the closest points along Fen Way and River Valley Way. The variations in setbacks are due to curvature in the rights -of -way and variations in the building facade. As such, the strict 0'-10' build -to line cannot be satisfied at all points. The structure is proposed to be set back from the Lot 2 future development parcel 5' along the north side of that parcel, and 10 -12' along the east and west ends. Future development upon Lot 2 is anticipated to have a near 0' setback condition on the north side, and to provide direct access to the parking garage in the center of that north side, in direct alignment with the main stair and elevator vestibule of the parking garage. While the strict 0 -10' built -to line is not satisfied at all points, and side /rear yard setbacks are partially satisfied, such compact development is consistent with the Cedar Grove Special Area Plan and principles of the Cedar Grove Design Framework and such deviations can be accommodated through the Planned Development. Parking Design — Parking stalls are proposed to be a minimum of 9' x 18' with 24' access aisles for two -way traffic. While the stall size is smaller than typical City Code requirements for Planning Report — Cedar Grove Parkway 2 °a Addition May 28, 2013 Page 9 surface parking lots (10' x 19'), this design corresponds to Parking Level of Service B geometries, which is considered to provide generous space in structured parking for maneuverability and stall access. Internal vehicular circulation is provided with two sloped bays allowing guests to circulate through the facility and between levels without returning to adjacent roadways. Snow removal is anticipated to be handled with an on -site snow melting system. Alternatively, snow would be trucked off the site. Siignage — Signage for this facility is minimal, with one building sign proposed on the main stair and elevator tower in the center of the north fagade. The driveway access points will be signed with smaller identification signs, and appropriate building address numbers also will be mounted on the building. Buildings — The project narrative provides "the architectural design of the parking structure will complement the design of the Paragon Outlet center and meet the Cedar Grove District standards," utilizing finish materials that are both durable and aesthetically pleasing. Cedar Grove District standards require durable and attractive finish materials of a quality that is consistent with the standards and intent of the Design Framework, which stresses high quality materials and architectural character in building design. The CGD further provides that all sides of a building be treated as a front, and that the building fagade utilize a combination of vertical and horizontal pattern designs. Where appropriate, buildings shall use reasonably similar materials and colors of adjacent buildings. Building Architecture /Materials — The building finish consists primarily of precast concrete with a brick veneer, and colored architectural precast concrete panels in different colors and finish textures to provide visual relief. The soldier courses of brick will project slightly out from the face of the building adding some depth and shadows to the fagade. The stair and elevator towers are glass curtain walls with an EIFS cornice which project above the level of the surrounding building and provide some variation to the structure height. These cornices also reflect the architectural elements of the adjacent Paragon development. The exposed sides of the structure adjacent to Lot 2 will be finished with painted precast concrete, anticipating that those facades will not be visible in the future with development of Lot 2. The parking structure has many openings to provide necessary ventilation. Such openings emulate typical building openings found in other buildings. The project has been designed such that openings within reach of grade can be inset with architectural metal screens or grills to enhance security and provide another layer of architectural character and texture. These architectural screens also provide a visual connection to the Paragon Outlets architecture which utilizes a similar lattice or grill pattern on screen walls and signage throughout that development. The use and final design of the screens will be reevaluated with the final bids and overall project costs prior to construction. Planning Report— Cedar Grove Parkway 2 "d Addition May 28, 2013 Pap,e 10 Building Height — Building height is proposed to be approximately 17' on the north elevation, with precast panels extending slightly above that, with corner stair towers extending to 32' and the central stair and elevator tower to a height of 38'. The CGD district requires building facades be divided into similar bays of roughly equal width between 20 and 40 feet in width. The proposed building fagade does provide architectural reveals of colored precast concrete approximately 30' in width and repeated at regular intervals along the north elevations. The bulk of the wall is brick veneer and these brick segments are approximately 90' long. Visual interest is added with a soldier course of brick at the top of the wall, and another above the openings. The openings are covered with an architectural security screen which allows for ventilation and added visual interest while also providing security. These reveals repeat at regular intervals along the north elevation. Mechanical Equipment — All mechanical equipment, whether roof - mounted or ground- mounted shall be completely screened from the ground -level view of adjacent properties and public streets, or designed to be compatible with the architectural treatment of the principal building. Mechanical units atop the stair and elevator towers are shown to be screened by the cornices. Fire /Emergency Access — The plans have been reviewed and found acceptable by the Fire Marshal and Eagan Police. Landscaping — The CGD district requires one overstory tree for every 500 sq. ft. of landscaped area on the site, and one overstory tree per 25 feet of site perimeter where parking abuts the site perimeter. In addition, the district requires a full complement of overstory, ornamental, and evergreen trees, shrubbery and appropriate ground cover for year -round color and interest. As noted earlier, this use is not expected to strictly meet all standards of the CGD ordinance and through the PD, the proposed landscape plan can be evaluated for the use, the site, and the surrounding area. In general, the proposed landscape plan provides for a variety of plant materials including overstory and ornamental trees, as well as shrubs and perennials. The site landscaping is designed to be complimentary to the Paragon site landscaping across Eagan Outlets Parkway to the north, and to soften the building and define and separate the parking garage from park and residential properties across Cedar Grove Parkway to the south. In keeping with the street design standards for Cedar Grove, boulevard trees are proposed along the entire length of the site's Cedar Grove Parkway frontage. On the north side adjacent to Eagan Outlets Parkway, a variety of shrubs and perennials are utilized to provide a pedestrian friendly landscape and create separation between the sidewalks and the structure. Plan species are similar to those utilized in the Paragon development — dwarf bush honeysuckle, Scandia juniper, spirea and globe arborvitae. Ornamental trees consisting of Pink Spires crabapple and Japanese Tree Lilac are proposed along the north side. CAD Planning Report — Cedar Grove Parkway 2" a Addition May 28, 2013 Pav-e 11 Additional landscaping should be provided along the South side of the structure, facing Cedar Grove Parkway. Shrub beds filling in between the proposed trees, and placed along the short parking garage wall will help soften the structure appearance and break up the length of wall. With future development anticipated upon Lot 2, additional landscaping of that lot will be accomplished with future development. Shade trees are proposed along the other three street frontages of Fen Way, Cedar Grove Parkway and River Valley Way. The taller trees will provide height in these areas, soften views of the facility and provide shade to the sidewalks and street below. Species selections in those areas consist of two varieties of Maple, Skyline Honeylocust and Swamp White Oak, all of which are also utilized on the Paragon site. Future development on proposed Lot 2 as well as on Outlots A and B to the east and west will provide additional landscaping to complete the streetscapes and enhance the pedestrian experience in those areas. The upper deck of parking will be at grade with Cedar Grove Parkway. Unlike a surface parking lot, however, the garage does have walls approximately 4' in height along the south side. Shade trees along the south side of proposed Lot 1 adjacent to Cedar Grove Parkway are spaced about 40' apart within the site, and 25' apart within the street boulevard. Trees along Fen Way and River Valley Way are spaced 40' apart. The trees along these two street frontages have limited space between the sidewalk and the parking structure and with the one -level grade change, the building will be 20' -32' in height at the north end, and closer to 6' -8' in height on the south end. Site Lighting — Sufficient illumination is required to provide safety and security and traffic circulation, while minimizing light spillover and glare. All exterior lighting in the Cedar Grove District shall be downcast cutoff type fixtures. No light source may be more than 20' above the ground, except by conditional use permit for buildings more than 24 feet in height. Minimum lighting levels of 0.5 footcandle are required throughout the parking areas. Interior parking areas must average 2.0 footcandles, and exterior parking areas must average 1.5 footcandles. Lighting levels shall not exceed 0.5 footcandle at abutting property line or right -of -way line, and no direct glare from lighting on site shall extend onto the public street, public open space or neighboring properties. Upper deck lighting will be provided with 20' pole heights and LED cutoff lamps "utilizing daylight harvesting and dimming capability to minimize environmental impacts." Bollard lighting will be utilized in some locations to improve illumination of spaces not well covered by the pole lights. Submitted photometrics indicate compliance with the 0.5 footcandle minimum, and the average footcandle level of the upper deck is 2.83, which exceeds the 1.5 standard in the CGD district. This indicates brighter illumination of the area, and the average to minimum footcandle ratio of 5.66 indicates variable light levels with less uniformity throughout. The average to minimum ratio will be higher in an exterior parking area than in an interior situation, and the CGD 20' maximum for light pole height also makes achieving greater uniformity more difficult. According to information provided by the City's design consultant, the proposed LED H \ Planning Report — Cedar Grove Parkway 2 "d Addition May 28, 2013 Page 12 lights in general have very effective light spread and cut -off relative to typical Metal Halide or High Pressure Sodium lights which are typically used in exterior parking lots. Within the lower deck, illumination is provided via surface mounted lights in the ceiling. Submitted photometrics show a minimum footcandle level of 2.2, and an average of 5.91. Minimum light levels above 0.5 footcandles, and an average to minimum ratio of 2.69, indicate a well -lit area with uniformity in light levels throughout. Adjacent street lighting is provided through the double acorn fixtures to match the street lighting elsewhere in the Cedar Grove Redevelopment District. Photometrics show that site lighting for the parking facility is contained within the site with minimal spillover onto the right -of -way or adjacent property. Lighting of the public way is provided by these separate street lights; sidewalk photometrics indicate light levels generally between 0.5 and 1.8 footcandles. Stair and elevator towers are illuminated from within with down lights at entrance canopies and wall washing of vertical architectural elements. CONCEPT PLAN COMMENTS FROM CITY COUNCIL When the Preliminary Concept Plan for the parking garage was presented to the City Council, the following items were raised by councilmembers: Sig_nage on the Ramp. Consistent with Council direction, the signage in the main area is consistent with what was shown in the Concept Plan and other signage has been limited to directional signage. Landscape Along the Cedar Grove ParkwaX. Consistent with Council direction, the landscape trees are proposed along the south side of the site, and along the boulevard of Cedar Grove Parkway adjacent to the site. Additional landscaping should be provided along the South side of the structure, facing Cedar Grove Parkway, as discussed in the Landscaping section within this report. Additional landscaping of Lot 2 will be accomplished with future development of that parcel. Design and Finish Complementary to the Outlet Center. Consistent with Council direction, the City and its consultants have worked with Paragon and its architects to have the parking garage maintain architectural design and finish materials that are complementary to the outlet center. Charging Stations for Plug -in Vehicles. The City's consultant and staff have looked into this question and determined that there is currently little demand for electric vehicle charging stations in Minnesota at this time. The project design will identify where future charging stations could be located within the facility, and provisions will be made in the initial construction for future installation of the electrical service to serve such charging stations. Additional Elevators. Following additional analysis by the Walker Parking, the Council has directed that no additional elevators be added to the proposed plan. �L� a Planning Report — Cedar Grove Parkway 2 "d Addition May 28, 2013 Paize 13 SUMMARY /CONCLUSION The City of Eagan and its Economic Development Authority are proposing to construct a public parking garage upon this site in part to support the recent Paragon Outlets development which was approved earlier this year, and in part to maximize future development of adjacent properties. Paragon was granted a parking easement to utilize about % of the 1,543 parking stalls within the new structure. A Preliminary and Final Subdivision is proposed to separate the parking garage parcel from the balance of the site, which will be reserved for future development. The Eagan EDA has committed to completing construction of the parking garage for the anticipated opening of Paragon's development in August 2014. Expediting the subdivision by combining the Preliminary and Final Subdivisions will enable the EDA to fulfill the State requirements for grant funding and commence development of the parking structure to meet the project schedule. A Rezoning and Preliminary Planned Development are requested for the parking garage upon Lot 1. Lot 2 will retain the present CGD zoning designation. The City has anticipated that developments within the Redevelopment District will reflect the general expectations of the CGD Code, but will be implemented through Planned Development zoning. The Planned Development zoning affords flexibility with the objective of supporting greater creativity and more efficient use of the land in furtherance of the objectives of the Comprehensive Plan. Since the parking garage is a single phase project, execution of the Planned Development Agreement will constitute the Final Planned Development for Lot 1. ACTIONS TO BE CONSIDERED To recommend approval of a Preliminary Subdivision (Cedar Grove Parkway 2"a Addition) to create two lots upon 8.9 acres currently legally described as Lot 1, Block 2, Paragon Addition. If Approved, the following conditions should apply: Standard Conditions 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Cl, E1 2. The property shall be platted. 3. 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 tLA3 Planning Report — Cedar Grove Parkway 2nd Addition May 28, 2013 Pap-e 14 through the University of Minnesota, or approved equal training as determined by the City Engineer. 4. The City (or developer if applicable) shall obtain all outside agency permits as necessary for completion of the site improvements. 5. Park dedication shall be waived for proposed Lot 1 as the parking garage is a public facility. A cash park dedication shall be due for Lot 2 at the time of development and the amount of will be determined based on the rates in effect at that time. 6. Trail dedication for both lots shall be fulfilled through construction of sidewalks around the entire site perimeter, some within the site and some within adjacent right -of -way. To recommend approval of a Rezoning from CGD (Cedar Grove District) to PD (Planned Development) upon proposed Lot 1, Block 1, Cedar Grove Parkway 2nd Addition, located north of Cedar Grove Parkway and between Fen Way and River Valley Way. To recommend approval of a Preliminary Planned Development for a two -story public parking garage upon proposed Lot 1, Block 1, Cedar Grove Parkway 2nd Addition, located north of Cedar Grove Parkway and between Fen Way and River Valley Way. Approval of the Preliminary Planned Development will simultaneously constitute the Final Planned Development for the property. If approved, the following conditions should apply: 1. A Final Planned Development Agreement shall be executed for each phase of the development prior to issuance of a building permit for the phase. The following plans are necessary for each Final Planned Development Agreement: • Final Site Plan • Final Building Elevations • Final Site Lighting Plan • Final Landscaping Plan • Final Signage Plan 2. The developer shall obtain all outside agency permits as necessary for completion of the site improvements. 3. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. In addition, fire department connections along with building wall hydrant connections shall be provided as required and approved by the City Fire Marshal. 4. Mechanical units shall be shown on the Building Elevations at the time of building permit and shall be fully screened from off -site views. GH_q Planning Report — Cedar Grove Parkway 2 "d Addition May 28, 2013 Page 15 5. Additional landscaping consisting of shrubs should be provided along the South side of the structure, facing Cedar Grove Parkway to help soften the structure appearance and break up the length of wall. Additional landscaping of Lot 2 will be accomplished with future development of that lot. �LS STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Oblilzations 1. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. S. Easements and RijZhts- of -Way 1. This development shall dedicate 10 -foot drainage and utility easements centered overall lot lines and, 10 -foot drainage and utility easements adjacent to all public rights -of -way where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights -of -way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right -of -way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements, in accordance with requirements set forth in the latest version of the City's Stormwater Management Plan. C. Plans and Specifications 1. All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead -end public streets shall have a permanent cul -de -sac, or temporary cul -de -sac to be removed upon further extension (on stub streets), constructed in accordance with City LL (0 engineering standards. This development shall dedicate, provide, or financially guarantee the acquisition costs of street easements or public street rights -of -way as required by the aligiunent of the cul -de -sacs located within or beyond the boundaries of this plat as necessary to service or accommodate this development. 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate public improvement project and associated contract must be awarded by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedications 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks Commission and as awarded by the action of the City Council. G. Tree Preservation and Mitigation 1. This development shall be responsible for preparing a tree preservation plan and mitigating for any removal in excess of the allowable limits. Mitigation shall be in the form of replacement trees, cash equivalent, or a combination thereof in accordance with the recommendation of the Advisory Parks Commission and as awarded by the action of the City Council. H. Stormwater Management and Water Quality Protection 1. This development shall manage stormwater and protect water quality by meeting requirements for design standards, minimizing impervious surface area and maximizing infiltration and retention, and providing acceptable complementary stormwater treatments, stormwater treatment ponds, regional ponds, and maintenance of private stormwater facilities in accordance with the current City post construction regulations and as recommended by the Advisory Parks Commission and awarded by Council action. C L° 9 I. Wetlands Protection and Management 1. This development shall protect and manage wetlands by meeting requirements for wetland delineations and assessments, sequencing and replacement, and wetland buffers and setbacks in accordance with the current wetland protection and management regulations and as recommended by the Advisory Parks Commission and awarded by Council action. J. Airport Noise Attenuation 1. This development shall be responsible for meeting all appropriate noise attenuation conditions if the property is located within the Metropolitan Council Noise Exposure and /or Buffer Zone. K. Other 1. All subdivision, zoning, and other ordinances affecting this development shall be adhered to, unless specifically granted a Variance by Council action. Advisory Planning Commission Approved: August 25, 1987 HD City Council September 15, 1987 Revised: July 10, 1990 Revised:_ February 2, 1993 Revised:_ July 7, 2009 \ \/ I/ \6q ---1 1 1i P 1q," — 'V -?" '-�' — W'\-V - .1 _4 M111 0 500 1,000 Request:: Rezoning, PD, Prelim Subd Legend Case No: 19- RZ- 02- 04 -13, 19- PD- 02- 04 -13, 19- PS- 02 -04 -13 L..,. C.,k—R - d-4 Parcels Buildings City of Eap Parks Bounda *M1 4 City Boundary DIM.y Rd Cliff Rd \ \/ I/ \6q ---1 1 1i P 1q," — 'V -?" '-�' — W'\-V - .1 _4 M111 N v", A 'A ME MM MW 0 gloss me a �® ® ®® ®�® ©� ®� ®SIB IMEMBNE man PIP W-41191 come 1111211011111 Project Name: Cedar Grove Parkway 2nd 0 500 1,000 Request:: Rezoning, PD, Prelim Subd Legend Case No: 19- RZ- 02- 04 -13, 19- PD- 02- 04 -13, 19- PS- 02 -04 -13 dakota—Path—antennae Parcels Buildings City of Eap Parks Bounda *M1 4 City Boundary .......... N v", A 'A ME MM MW 0 gloss me a �® ® ®® ®�® ©� ®� ®SIB IMEMBNE man PIP W-41191 come 1111211011111 Project Name: Cedar Grove Parkway 2nd 0 500 1,000 Request:: Rezoning, PD, Prelim Subd Legend Case No: 19- RZ- 02- 04 -13, 19- PD- 02- 04 -13, 19- PS- 02 -04 -13 dakota—Path—antennae Parcels Buildings City of Eap Parks Bounda *M1 4 City Boundary �'Lv� I Feet 2,000 City of Eap Current Zoning and Land Use Map Application: Cedar Grove Parkway 2nd Addition Type: Prelim. Subd.; Rezoning; Prelim. PD Case No.: 19- PS- 02- 04 -13; 19- RZ- 02- 04 -13; 19- PD- 02 -04 -13 Zoning CGD Cedar Grove District- Land Use Plan SA/Mixed Special Area /Mixed Use N 0 300 600 CGD ` J CGD �\ P� Subject Site CGD l \ \ G�5 P C D P \ R -4 TI I `\ I FE-11 / 1,200 ® Feet e • EDD } 5 f } r ° ME ME t 4� VN � i F 52-� kiu s v� �Y 3 �•S � ) VIMN 4. 9 ti Re �� 5 R Mm t s •� 4 , �� f N m m C m O 1 Z— O nNO? J x CsN � O 1p °Gn Wn4 42mo 0 F� \ J \ ns s? a° O oA � Uol a 'Z 4n a .F 5 3 c°a�n�S A Cm $ Bo a nm L- - --L'm - -J R` s 3 ° a 3 R a?� � ;ate y RFn a ;s g eB� 9 a w Ng loaa C�c� b L� �SofS .j'l 9 / PRELIM. PLAT \ ns s? a° O oA � Uol a 'Z 4n a .F 5 3 c°a�n�S A Cm $ Bo a nm 2 Z za lo` m \ T i \ \\ \ y rn \ ,} C�c� b L� �SofS .j'l 9 / PRELIM. PLAT \ ns s? a° O C�c� b L� �SofS .j'l 9 / PRELIM. PLAT ns s? a° \ \ C�c� b L� �SofS .j'l 9 / PRELIM. 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G 3 & � � - 9 �l F 3 3 3 10 3 � .0J 3 q Ot w 01 D o >° 0 Fi n m o n w a n B g Fn M AF P9 S cGio Ga z �� _ y o o1^ F 3 3 3 10 3 � .0J 3 q Ot w 01 3 of o of of w �� H o N oA zs o0 ° °oF OQ25 OW cyOF S A{'In o. 25 A�i O(�x Adi U O(qx Ao ; o 43 X131 X3R11 (' f Q F G Ig pp G q cc G -W R g 0 a F i C, m 'O 0wHu Ott mQ =� > m I� LIGHTING SPECS N Cedar Grove Parking Garage Project City of Eagan /EDA (design details provided by Walker Parking Assoc. and RSP Architects) Application Narrative Application Request The City of Eagan and its Economic Development Authority (EDA) are submitting requests for a rezoning, and Preliminary and Final Planned Development of 7.1 acres in the Cedar Grove Redevelopment Area for the purpose of constructing a 1,543 space 2 -level parking structure designed to serve pending development of the Paragon Outlet Center and surrounding future development. The City is also requesting a Preliminary and Final Subdivision of 8.9 acres to create two lots, a 7.1 acre parcel for the parking structure and a 1.8 acre parcel for future development. Background The City and its Cedar Grove Master Developer Pratt Development were approached by Paragon Outlet Centers to consider development of a new regional upscale retail outlet center on a large portion of the core Cedar Grove site. After significant design considerations, the EDA approved a concept plan and preliminary purchase agreement that sells 29 acres to Paragon for their anchor development and uses structured parking to preserve 9 additional acres for future development intensity to more closely align the project with the original vision for the redevelopment area. As plans moved ahead, the City approved Preliminary Subdivision and Planned Development zoning for the Paragon project in November 2012, and final plans on March 19, 2013. As part of the project development and easement agreements associated with the outlet center, Paragon Outlets will provide 835 parking stalls on their site. The remainder of needed parking will be satisfied within a parking structure to be built and owned by the Eagan EDA. Paragon Outlets will be granted a parking easement allowing them access to 1,114 parking spaces within the parking structure. The remaining parking spaces are intended to maximize potential future development of adjacent properties. Design Details The City of Eagan contracted with Walker Parking Associates to design the proposed structure and engineer it to desired specifications. When completed, the parking structure will have a stall capacity of 1,543 stalls on two levels and be engineered to permit the construction of one additional future level (vertical). This parking structure will provide Parking Level of Service B geometrics with stalls a minimum of 9' x 18' and a minimum parking access aisle of 24' for two -way traffic. The upper level of the two will have two driveway accesses to Cedar Grove Parkway, while the lower level will have two driveway accesses to Eagan Outlets Parkway. A main stair and 2 -cab elevator tower will be located in the center of the ramp, with two additional stair towers located at either end, to correspond with the main RECEIVED MAY 01 2013 ��� NARRATIVE entrances to the outlet center. Two additional secondary stair towers provide pedestrian access to each level of the structure from adjacent outlots and Cedar Grove Parkway. Internal vehicular circulation is provided with two park -on sloped parking bays interconnecting the parking levels so guests can circulate through the entire footprint without returning to adjacent roadways, minimizing neighborhood traffic and pedestrian conflict. Pedestrian trails will be located along all four sides of the parking structure with access along Cedar Grove Pkwy, Eagan Outlets Parkway, Fen Way and River Valley Way, The architectural design of the parking structure will complement the design of the Outlet Center and utilize pleasant, durable and aesthetically pleasing human scale materials to enhance the experience encountered by facility users. The design pallet consists of brick veneer and integrally colored architectural precast concrete cladding of differing colors and finish textures to provided architectural appeal as well as low maintenance durability. The main elevator stair tower will have vertical scale and massing emulating the Outlet Center, clad in clear storefront glass displaying internal function and activity while enhancing pedestrian way- finding and passive security. All building facades will have vertical and horizontal offset articulations and reveals to capture shadows, break down massing, providing visual interest and assist the pedestrian and vehicle navigation to desired destinations through use of intuitive access elements. Precast openings within reach of grade, will be inset with architectural metal grills to emulate typical building openings, enhance security and provide another layer of architectural character and texture, as well as for functional enclosure screening of internal equipment. Structure lighting will be provided with minimized pole heights and state -of- the -art LED cutoff lamps utilizing daylight harvesting and dimming capability minimizing environmental impacts. Stair elevator towers shall be illuminated from within with subtle down lights at entrance canopies and wall washing of vertical architectural wayfinding elements in replacement of site directory pylon signage. Landscape will surround the facility including modular pavements in primary pedestrian portal areas. Low bed plantings will be provided adjacent to pedestrian access points to maintain pedestrian visibility and building softening. Taller tree row plantings will be provided along Cedar Grove Parkway to define and separate the parking facility from the adjacent park and residential properties. Subdivision The Eagan EDA received a grant award from the State of Minnesota that requires the underlying parking facility property to remain under public ownership and solely on its own declared property. A 1.8 acre parcel located along Cedar Grove Parkway is being subdivided from the 8.9 acre lot currently dedicated to the parking facility to provide a private development opportunity that may take advantage of proximity to the outlet center and potentially use some of the available structured parking. The survey details required for subdivision will be provided by Stantec, Inc. on behalf of the City and EDA. � e)o AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER JUNE 4, 2013 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes 2. SCHEDULE Public Hearing on July 2, 2013 to Consider the Sale of EDA Property at 3880 Sibley Memorial Highway to Jensen and Jensen Properties, LLC D. OLD BUSINESS E. NEW BUSINESS 1. CONSIDER Concept Plan and Purchase Proposal from Stonebridge Apartments for Acquisition and Redevelopment of Property at the Intersection of Cedar Grove Parkway and Cedar Grove Boulevard F. OTHER BUSINESS G. ADJOURN � 9 V Agenda Information Memo Eagan Economic Development Authority Meeting June 4, 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 May 21, 2013 EDA meeting are enclosed on pages l ? ?a through \8q . 2. SCHEDULE PUBLIC HEARING ON JULY 2, 2013 TO CONSIDER THE SALE OF EDA PROPERTY AT 3880 SIBLEY MEMORIAL HIGHWAY TO JENSEN AND JENSEN PROPERTIES, LLC — The EDA previously authorized the negotiation of a purchase agreement with Jensen and Jensen LLC for the sale of the former credit union site to the firm for the expansion of parking for Jensens Supper Club. That agreement has been completed and has been executed by Mr. Jensen. As part of the sale of publicly owned property, the EDA must schedule and hold a public hearing on the matter and that is proposed to be held on July 2, 2013. l2)a MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota May 21, 2013 A meeting of the Eagan Economic Development Authority was held on Tuesday, May 21, 2013 at the Eagan Municipal Center. Present were President Maguire, Commissioner Bakken, Commissioner Fields, Commissioner Hansen and Commissioner Tilley. Also present were Executive Director Osberg, Community Development Director Hohenstein and City Attorney Dougherty, CALL TO ODER President Maguire called the Economic Development Authority meeting to order. ADOPT AGENDA Commissioner Tilley moved, Commissioner Hansen seconded a motion to approve the agenda as presented. Aye:5 Nay:0 CONSENT AGENDA Commissioner Tilley moved, Commissioner Hansen seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 1. It is recommended to approve the minutes of May 7, 2013 EDA meeting as presented. There was no Old Business. OLD BUSINESS NEW BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT — AUTHORIZATION TO PLAT EAST END PARCEL Community Development Director Hohenstein introduced the item noting in preparation for the development redevelopment of the Cedar Grove District the Paragon project did include a subdivision which created outlots at several locations throughout the site, this will get them closer to being prepared for future development sale. The east end parcel has been surveyed, but has not yet been platted. Hohenstein noted at this time in order to keep things moving and able to respond to potential proposals for acquisition redevelopment, staff is requesting the EDA's authorization to proceed with the work for this parcel. Commissioner Fields moved, Commissioner Bakken seconded a motion to authorize staff to proceed with the application for Final Plat for the EDA owned parcel at the intersection of Cedar Grove Parkway and Cedar Grove Boulevard. Aye: 5 Nay: 0 There was no Other Business. OTHER BUSINESS ADJOURNMENT Commissioner Bakken moved, Commissioner Fields seconded a motion to adjourn the meeting. Aye :S Nay:O Date R`-I Dave Osberg, Executive Director Agenda Memo Eagan Economic Development Authority Meeting New Business June 4, 2013 1. CEDAR GROVE REDEVELOPMENT DISTRICT — JENSENS PROPERTY EXPANSION CONCEPT PLAN ACTION TO BE CONSIDERED: 1) To approve the Stonebridge Companies Preliminary Redevelopment Concept Plan dated May 16, 2013 for the assembly and redevelopment of property in the core area of the Cedar Grove Redevelopment District. And 2) To direct the preparation of a preliminary real estate purchase agreement between the Eagan EDA and Stonebridge Development and Acquisition LLC for the area defined by the Preliminary Concept Plan to be considered at a future EDA meeting. And 3) To schedule a public hearing on July 2, 2013, to Consider the Sale of EDA Property located at the intersection of Cedar Grove Boulevard and Cedar Grove Parkway to Stonebridge Development and Acquisition LLC. FACTS: Background • One of the conclusions of the original Cedar/ 13 Task Force Study was that a mix of high density residential uses with retail, food and beverage and office uses would be a desirable long term redevelopment plan for the area. • Since that time, a number of redevelopment concepts have been considered that would incorporate high and medium density residential and other uses in various layouts within and around the core area. • The current redevelopment plan including the Paragon Outlet Center and related parking improvements has defined the layout of the remaining development outlots in the area, while preserving the opportunity for the development of some of the other uses originally envisioned. In negotiating the layout of the space with Paragon, the EDA specifically indicated a desire to attract pedestrian and transit oriented uses to implement aspects of the original mixed use vision. • This spring, the redevelopment team reached out to a number of multifamily developers to gauge interest in apartment development in the context of the Paragon approval. Those discussions resulted in the proposal being presented at this time. Stonebridge Concept Proposal • Wally Johnson, on behalf of Stonebridge Companies has submitted an offer to acquire the 4.8 acre parcel at the intersection of Cedar Grove Boulevard and Cedar Grove Parkway at the east end of the Redevelopment District's Core Area for the development of a 4 -5 story, 180 unit, market rate apartment building with up to 14,000 sf of attached in -line retail. Specific unit counts and square footages will be addressed in consideration of the amount of underground parking and parking count analyses, but the developer's intention would be to optimize the vertical and horizontal use of the site. • If the EDA approves the preliminary concept plan, attention would also be given to the pedestrian connections within and around the property to complete the connection with the pedestrian trail from the intersection of Rahn Road and the new Eagan Outlets Parkway, a connection that was also envisioned in the original Cedar/ 13 Task Force Report. • The purchase proposal as presented is based on an assumed $10,000 per apartment unit or $1.8 million. The proposal assumes the retail space to be included within that total. The project will require at least one Sewer Availability Charge (SAC) unit per residential unit. The EDA has available 124 SAC units from buildings that were demolished within the area to date. The EDA's intention has been to reallocate those units as a part of new developments in the area that would support the Authority's mixed use goals. As part of preliminary negotiations Stonebridge is requesting 80 of those SAC units to be allocated to this project at a value of approximately $264,000. • If direction is given to proceed with this project, as a part of the negotiation of the agreement, the City Attorney will secure a market value range assessment from the City's appraiser and Ehlers and Associates will perform a pro forma analysis to determine whether the consideration of the allocation of area SAC credits are appropriate and necessary as a public subsidy for this project. • In its role in reviewing issues pertaining to the finances of the Cedar Grove Redevelopment District, the City Council Finance Committee reviewed the LOI and concept plan at its meeting of May 22, 2013. The Committee is recommending authorization to proceed with negotiations of a purchase agreement based on the terms of the proposal. • Because this is a matter of negotiation for the purchase of property, if the EDA wishes to ask questions regarding specific details of the proposal, it would be appropriate to recess into executive session for that purpose. If the EDA finds the matter to be in order, it may take the actions outlined above at this time. • At this time, staff is requesting that the EDA consider approval of the preliminary concept plan and, if that is approved, direction to prepare a purchase agreement under the terms in the letter of intent for future consideration by the EDA. • For reasons pertaining to project financing, if a decision is made to proceed, time will be of the essence to move toward project approval and closing by early October, WE 2013. For that reason, staff also is requesting consideration of scheduling a public hearing on July 2, 2013 for consideration of the sale of EDA owned property to the developer. Concept Review Process In redevelopment districts, the EDA has a practice of reviewing and providing preliminary concept approval for projects at this stage to authorize the staff and developer to undertake the stepwise process of bringing a property sale, development and financing plan forward. While a project will still require formal development approvals through the application and review process of the Advisory Planning Commission and City Council, the purpose of a preliminary concept approval is to 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 and agreements necessary to permit the prospective developer to proceed with that process. ATTACHMENTS: • Project Proposal and Stonebridge background on pages Ab through V�W • Location map on page 1q1 • Redevelopment concept plan dated May 16, 2013 on page • Letter of intent from Stonebridge Development and Acquisition LLC pages \':�s through \qq • Detailed concept plan and elevations will be presented at the EDA meeting. �Zq Cedar Grove PrOR0181- Mgnghridge Develop, build, own and manage approximately one hundred eighty units of market rate rental housing combined with approximately 14,000 square feet of commercial space. The building will be four stories of frame construction above a one level parking garage with three levels of housing over the commercial space. The apartment units will be a mix of studio, one bedroom, one bedroom with den, two bedroom and three bedroom units. Rents are projected to average between $ 900 for a studio to $2,200 per month for the three bedroom units, Each apartment will have a central forced air heating and cooling system, a patio or a deck and a number of the units will have fireplaces. Standard improvements in the units would include granite counter tops, custom wood cabinets a full appliance package including a washer and .dryer, walk in closets, and two full baths in each two and three bedroom unit. Units will be wired for voice, video and data. Common area amenities will include a club /game room, exercise room, business center, resident lounge, outdoor pool and patio and the leasing and management office. v;�g O E .ID E Companies Stonebridge Companies (Stonebridge Development and Acquisition, LLC, Stonebridge Construction, Inc. and Stonebridge Land Acquisition, LLC) were formed in 2002 to be the developer and general contractor for the $32 million Hearthstone rental townhome and apartment development in Apple Valley, Minnesota. Subsequent to the formation of these new companies, other construction and development opportunities surfaced that have elevated the Stonebridge Companies into one of the major residential builders and developers of both for sale and rental housing properties in Minnesota. Stonebridge has completed in addition to the Hearthstone property, the $7.4 million Arbor Pointe Senior development in St. Paul, the $20 million Graham Plane senior development and the $52 million River Crossing development In St. Paul; the $3.7 million Kestrel Pines rental townhome development in Bemidji, Minnesota, the $11 million Lakeville Woods development in Lakeville, Minnesota; the $24 million Pointe at River Crossing development in St. Paul, and the $20 million Waterford Commons development In Rosemount, Minnesota. Stonebridge has also completed construction of the $22 million Park Crest condominiums In Burnsville, Minnesota; the $20 million Aquila Commons senior cooperative in St. Louis Park, Minnesota, .and; the $18 million Westmarke Condominiums, in St. Louis Parts. To date, Stonebridge has completed over 1,000 units of rental housing for its own account puts 2$1 units of for sale condominium and cooperative housing units and 27,000 square feet of retail and office space incorporated within several of the housing properties. Stonebridge has borrowing relationships with US Bank, Wells Fargo Bank, MinnWest Bank, Bank of America, Commerce Bank, Bridgewater Bank, the Minnesota Housing Finance Agency, Ramsey County, the Dakota County Community Development Agency and the City of St. Paul. Stonebridge has issued tax exempt revenue bonds through Dakota County, Ramsey County and the City of St, Paul. Stonebridge Companies received the prestigious award for Best Multifamily Development from the Business Journal for its Gateway Housing Development that includes the Graham Place, River Crossing, and the 145 unit Highland Pointe condominiums on a redevelopment site in St. Paul's Highland Paris. In addition, Stonebridge received the Best New Development MADACS award from the Minnesota Multi - Housing Association for its Apple Valley Hearthstone development; the Best Senior Apartment for Graham, and; Property Excellence Awards for Graham and Arbor Pointe. 4r,74d Poliona Aw anom / Annla Vallaw RAM AMU STONEBRIDGE Com,pani cs The owners and officers of the Stonebridge Companies are Andrew Chase, David Anderson, and Wallace Johnson. Wallace Johnson serves as President and CEO, Mr. Chase and Mr. Anderson, although actively involved in the company, contribute the majority of their time to their independent commercial, residential development and sales companies. Stonebridge Construction, Inc. is overseen by Brad Friesz, an individual with significant multifamily construction, contract negotiation and construction management skills. Brad is charged with overall control of the construction activities and staff for Stonebridge Construction. Stonebridge Construction, Inc. was the general contractor for all of the Stonebridge developments with the exception of the Kestrel Pines property in Bemidji. Contracted work has been over $145 million. Following is the list of Stonebridge Construction projects. 1. Waterford Commons — Rosemount, Minnesota $13,703,575 2. The Pointe at River Crossing — St. Paul, Minnesota $14,106,400 3. Park Crest Condominiums — Bumsville, Minnesota $13,976,940 4, Westmarke Condominiums — St. Louis Park, Minnesota $10,006,896 5. Lakeville Woods — Lakeville, Minnesota $ 8,635,223 6. Hearthstone — Apple Valley, Minnesota $23,000,000 7. Graham Place — St. Paul, Minnesota $12;087,000 8. Aquila Commons Cooperative -- St. Louis Park, Minnesota $13,500,746 9. Arbor Pointe — St. Maul, Minnesota $ 4,521,261 10. River Crossing -r St. Paul, Minnesota $33,967,450 In 2010, $ tonebridge Construction began working as an independent contractor for others. To date Stonebridge Construction has completed or has under construction over 1,100 units of apartments and senior assisted living facilities and contracted work in excess of $125 million. In our opinion Stonebridge Clients enjoy a measure of confidence both in construction quality and economy because we specialize in becoming involved with the construction process during the planning and design stage so that when plans are completed, pricing is firm and we are able to deliver buildings ahead of schedule, on budget and with no surprises. We have excellent project superintendents and project managers that make the entire building process seamless for our clients. We stand behind and take pride in our workmanship and the use of quality products, subcontractors and suppliers. We have achieved and maintained an excellent reputation with architects, engineers, lenders and with the cities and building officials where we have worked. Stonebridge Construction offers unparalleled service and quality. 1r%7 '2d Pnfltana duantith / Annin l /allaw MAI r,Rd74 lqo J f 0 May 17, 2013 Stonebridge Development and Acquisition, LLC 15734 Foliage Avenue Apple Valley, MN 55124 LETTER OF INTENT Re: East End — 4.8 Acres — Cedar Grove Redevelopment Stonebridge Land Acquisition or it assigns (' Buyer ") is interested in purchasing from City of Eagan Economic Development Authority ( "Seller ") the site described above, for the development and omistruction of =dent& housing units and mixed use retail. 'ibis letter is intended to outline the terms and conditions of the purchase of this property by Buyer from Seller. Please consider the following proposed terms and conditions: 1. PROPERTY East End (4.8 Acres) 2. PURCHASE PRICE $1,800,000 ' 3. EARNEST MONEY $w,m 50 000 Jq 4. IMPORTANT DATES Concept Plan presented to Staff on May 16, 2013 ... • Letter of Intent presented on May 23, 2013. n I I • City Finance Committee Approval by June -344 2013 • Formal Purchase Agreement submitted following Economic Development Authority approval of the Concept Plan and Notice of Public Hearing to consider Purchase Agreement, 1 �-f RH �I 359 -150 days for due diligence and to obtain the Rezoning, Preliminary Planned Development and Preliminary Subdivision and final approvals from the Planning Commission, Economic "Development Authority, City Council, and Building Permit issued to Buyer on or before October 10, 2013. • This Transaction is part of a 1031 Exchange and time is of the essence. 5. TITLE Seller shall have acquired fee simple title to all the Property, and Buyer shall have received, at Seller's cost, a title policy insuring title to the Property subject only to permitted exceptions, including such endorsements as shall be reasonably required by Buyer, and otherwise in form and substance acceptable to Buyer. 6, SURVEY AND ENGINEERING Seller will provide a Survey and all Engineering tests and reports currently available for -of this property. 7. SUBDIVISION /PLATTING Seller shall consolidate parcels into a platted lot and shall be conducted by Seller at Seller's sole cost and expense. 8. UTILITIES; ROADS; DEVELOPMENT COSTS: Seller shall be responsible for the cost of having utilities and roads to the property. There shall exist no moratorium, no assessments, no pending assessments, no unresolved adequate public facility issues, and no other governmental actions preventing the issuance of a building permit for building residential units on the Property. Buyer expects that all storm water will be discharged to the area pond and no area fees will be charged to the Buyer. All area wide assessments will be the cost of the Seller. 9. SITE CONDITION Buyer shall be entitled to gain access to the property during Its contingency period to conduct physical Inspections of the property, provided that Buyerwill restore the property to the condition that existed prior to such entry and that Buyer agrees RH to hold Seller and the property harmless from any damage thereto or liens arising therefrom. 10. ARCHITECTURAL STANDARDS Buyer needs to meet or exceed the Cedar Grove Zoning District Code section that includes the architectural and finish material *- - - Formatted: Indent; Left; 2 ", First line; 0.5" standards. A copy Is attached. U911. TAXES /ASSESSMENTS ,(�G Seller shall pay any deferred (Green Acres) taxes that become payable upon the recording of the deed to the Buyer. Seller shall pay all special assessments whether deferred, levied or pending. Real estate taxes payable in the year of the closing shall be prorated to the date of the closing, Seller shall pay all special assessments caused by the development of this property. 12. SAC CREDITS Eagan EDA has SAC credits to use on this development. Buyer Formatted: Indent Left. 2.5" will set out the total number of units proposed and work with the EDA to apply a portion of the SAC Credits as credit towards SAC/WAC /Treatment Plan fees. For example, if Buyer has 180 units, the SAC cost would be 180 x $3.300 = $594.000, or 200 units. 200 x $3.300 = $660,000, etc. The EDA Is offering to offset 80 x $3.300 = $264,000. 3413. CLOSING COSTS Buyer shall be responsible for all premiums required for the issuance of the title policy, mortgage registration tax, recording fees, and the closing fees charged by the title Insurance company. Seller shall be responsible for payment of the state deed tax. 3414, ATTORNEYS' FEES Each party will pay its own attorneys' and other consultant fees. 4:=315. BROKER'S FEES To be paid by Seller and shared with Buyers Representative Chase and Associates, Inc. ,(�G 1416. PURCHASE AGREEMENT Upon acceptance of the terms herein by the Finance Committee, Buyer shall work with the City and the EDA In preparation of a formal purchase agreement for this property. THIS LETTER IS NON- BINDING, BUT STATES THE GENERAL TERMS OF A PURCHASE AGREEMENT TO BE DRAFTED WHICH THE PARTIES HERETO AGREE TO NEGOTIATE EXPEDITIOUSLY AND IN GOOD FAITH. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT THIS LETTER PROVIDES THE FRAMEWORK FOR FURTHER NEGOTIATIONS BETWEEN SELLER AND BUYER AND DOES NOT CREATE ANY BINDING OBLIGATION OR LIABILITY ON THE PART OF EITHER PARTY. AS SUCH, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS NOR EXPENSES IN THE EVENT OF A FAILURE OF EITHER PARTY, FOR ANY REASON WHATSOEVER OR FOR NO REASON, -TO EXECUTE AND DELIVER THE PURCHASE AGREEMENT CONTEMPLATED HEREIN. If the terms of this letter are acceptable, please acknowledge by signing below and returning a signed copy of this letter to me, Thereafter, and according to the date above I will have our legal counsel prepare a draft purchase agreement for your review. Sincerely, BUYER; Stonebridge D ent and Acquisition, LLC By: Its: " no Date; M014 co' SELLER: City of Eagan Economic Development Authority By: Its: Date: p summn Property: 4.8 Acres Project: Mixed use 1. 180 Market Rate Apartments with a mix of studio, one bedroom, one bedroom /den, two bedroom and three bedroom units and associated amenities (pool, lounge /club room, business center, exercise facility) Estimated rents would range from $900 to $2,200 per month. 2. 14,000 square feet of commercial for this we envision Coffee /Wine bar, Restaurant, Micro brewery, specialty apparel shops and office uses. Apartment Value: Estimate at $2S million. Retail Value: Estimated Taxes: Park Dedication: Estimate at $2 million. Apartment at $360,000 Retail at $51,000 Apartments $578,160 Retail at $14,773 Trallway Dedication: Apartments at $45,000 City SAC Charge: $18,000 Treatment Plant: $144,180 Platting: One Lot I TI Agenda Information Memo Eagan Economic Development Authority Meeting June 4, 2013 F. OTHER BUSINESS There are no other items at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the EDA Meeting. IN