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07/02/2013 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING JULY 2, 2013 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS A. RECOGNITION of Police Officer Pat Hogan S B. RECOGNITION of Cascade Bay as WCCO's "Best of Minnesota —Water Park" IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) CD A. APPROVE MINUTES B. PERSONNEL ITEMS 1 C. APPROVE Check Registers aaD. APPROVE a Resolution accepting a $600.00 donation from the Eagan Rotary Club aL-I E. CANCEL the July 9 Special City Council Meeting a5 F. APPROVE AccessEagan non - exclusive Access and Use Agreement with Arvig Enterprises 04 G. AWARD Contract to MP Nexlevel LLC for the Extension of AccessEagan Fiber into the Cedar Grove Redevelopment Area, Accept Base Bid and Alternate 2 and Authorize the Mayor and City Clerk to execute all related documents aq H. APPROVE Final Plat for Meadowview Industrial Park I. APPROVE Final Plat approval of Lemay Lake Family Townhomes p— APPROVE Plans and Specifications for City Contract 13 -07 (2013 City -Wide Trail Improvements) and Authorize Ad for Bids August 1, 2013 K. APPROVE Change Order No. 1, City Contract No. 13 -11, 2013 Citywide Storm Water Quality Improvements 3� L. APPROVE Change Order No. 2, City Contract No. 13 -11, 2013 Citywide Storm Water Quality Improvements 3� M. AWARD City Contract No. 13 -16 ((Inflow & Infiltration Mitigation Improvements) N. AWARD City Contract No. 13 -17 (Citywide Sanitary Sewer Improvements) �3 O. APPROVE a Cost Share, Operation and Maintenance Agreement (Easter by the Lake Church Shoreland Project) with Easter Lutheran Church P. APPROVE a Resolution to accept a donation of equipment from the Eagan Hockey Association H(P Q. AWARD City Contract No. 13 -19 (Project 1129 - Carlson Lake Sanitary Lift Station Rehabilitation) V. PUBLIC HEARINGS VI. OLD BUSINESS 4� A. ORDINANCE AMENDTMENT to Chapter 10, Section 10.01, relative to Storage, Deposit and Disposal of Refuse VII. NEW BUSINESS _tj?) A. CONDITIONAL USE PERMIT — Shaw Industries - A Conditional Use Permit to allow outdoor storage of 21 semi - trailers and 8 semi - tractors located at 1090 Gemini Road �) I B. COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING, PRELIMINARY PLANNED DEVELOPMENT and PRELIMINARY SUBDIVISION - Eagan Pointe Senior Living - a Comprehensive Guide Plan Amendment from MD, Medium Density to HD, High Density, Rezoning from R -3, Residential Townhouse to PD, Planned Development, a Preliminary Planned Development to allow a 4 story, 151 unit senior housing development and a Preliminary Subdivision to create 2 lots located at 4232 Blackhawk Road DAV C. PLANNED DEVELOPMENT AMENDMENT — Fiesta Cancun Grill - A Planned Development Amendment to allow on -sale liquor located at 4290 Lexington Ave South VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY A. CALL TO ORDER 28 B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes 2. RATIFY Agreement with Braun Intertec to Prepare a Remediation Action Plan for the EDA Property at Cedar Grove Boulevard and Cedar Grove Parkway D. OLD BUSINESS E. NEW BUSINESS \L61. PUBLIC HEARING to Consider the Sale of EDA Property at 3830 Sibley Memorial Highway to Jensen and Jensen Properties, LLC 1542. PUBLIC HEARING to Consider the Sale of EDA Property at the intersection of Cedar Grove Boulevard and Cedar Grove Parkway to Stonebridge Development and Acquisition LLC and Approve Concept Plan for Project F. 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) XII. CLOSED SESSION XIII. ADJOURNMENT #b� City of Eap Memo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR OSBERG DATE: JUNE 28, 2013 SUBJECT: AGENDA INFORMATION FOR JULY 2, 2013 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the July 2, 2013 City Council agenda, the following items are in order for consideration. Recognitions and Presentations Information Memo July 2, 2013, Eagan City Council Meeting RECOGNITIONS AND PRESENTATIONS: Recognize the retirement of Officer Pat Hogan for his twenty years of service to the Citizens of Eagan. FACTS: • Officer Pat Hogan was hired on June 8, 1993. • For his entire career, Officer Hogan was a Patrol Officer. • Police Chief McDonald will address the council with more detail. • Officer Hogan will be presented a plaque in appreciation of his service. ATTACHMENTS: None Agenda Memo July 2, 2013 City Council Meeting RECOGNITIONS AND PRESENTATIONS B. RECOGNITION of Cascade Bay as WCCO's "Best of Minnesota — Water Park" ACTION TO BE CONSIDERED: Recognize and Receive Plaque for "Best of Minnesota — Water Park" FACTS: • WCCO TV conducted an on -line poll for viewers to choose their favorite water park in Minnesota. • Cascade Bay received the most votes and was honored with a plaque and news segment which aired on Thursday, June 20, 2013. • Captain C.Breeze, along with Director Johnson, will present a plaque to the Council. ATTACHMENTS: None Agenda Information Memo July 2, 2013 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: • To approve the minutes of the June 4, 2013, City Council meeting as presented or modified. • To approve the minutes of June 11, 2013, Special City Council meeting as presented or modified. ATTACHMENTS: Minutes of June 4, 2013, City Council meeting are enclosed on pages 9 and i 3 Minutes of June 11, 2013, Special City Council meeting are enclosed on pages �q through 1P) . MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota JUNE 4, 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, June 4, 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 Community Development Hohenstein, Director of Public Works Matthys, City Planner Ridley, Communications Director Garrison, Director of Parks and Recreation Johnson, Fire Chief Scott, Police Chief McDonald and Executive Assistant Stevenson. AGENDA City Administrator Osberg noted Item M. was to be pulled from the Consent Agenda, and two additions to be made to the Consent Agenda included Item B. Personnel Items —To accept the resignation of Holly Kimiani, and Item S. - to approve a Second Amendment to Special Events Agreement between the City of Eagan and CSM for the 4t" of July Funfest. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as amended. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATION There were no recognitions and presentation. CONSENT AGENDA Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Consent Agenda as amended: Aye: 5 Nay: 0 A. It was recommended to approve the minutes of May 14 and 21, 2013. B. Personnel Items 1. It was recommended to approve the hiring of Patrol Officers Peter Meyer and Joshua Sannes. 2. It was recommended to approve the hiring of seasonal employees in Parks & Recreation, Finance, Streets and Utilities. 3. It was recommended to accept the resignation of Holly Kimani, Utility Billing /Special Assessment Clerk and authorize her replacement. C. It was recommended to approve check register dated May 17, 2013. D. It was recommended to approve a resolution adopting and authorizing implementation of the performance measures developed by the Council on Local Results and Innovation. E. It was recommended to authorize Submittal of Comments regarding HOPE Application for CDA Workforce Townhome Project on Jurdy Road. F. It was recommended to accept the Clean Water Partnership Grant for the Blackhawk Lake Protection Project. I City Council Meeting Minutes June 4, 2013 2 page G. It was recommended to award City Contract 13 -12 (Cedar Grove Parkway — Trail & Lighting Improvements). H. It was recommended to adopt the 5 Year Public Works Capital Improvement Plan (2014- 2018) and Authorize the Implementation of the 2014 Improvements. I. It was recommended to approve Revisions to the Snow & Ice Control Policy. J. It was recommended to approve Revisions to the Winter Trail Maintenance Program for 2013 -2014. K. It was recommended to authorize Preparation of Americans with Disabilities Act (ADA) Transition Plan. L. It was recommended to approve the Purchase Agreement — City of Eagan for land at 4232 Blackhawk Road; Architectural Consulting Agreement. M. Item pulled. N. It was recommended to adopt a Resolution Accepting a $25.00 Donation from a Citizen. 0. It was recommended to receive a 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. It was recommended to 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. Q. It was recommended to approve the Final Plat for Kennerick 4th Addition. R. It was recommended to declare City Sponsored Event Signage as Government Signs -City of Eagan. S. It was recommended to approve a Second Amendment to Special Events Agreement Between the City of Eagan and CSM for the 4th of July Funfest. PUBLIC HEARINGS VACATE PUBLIC DRAINAGE & UTILITY EASEMENTS — LOTS 4 AND 5, BLOCK 3, KENNERICK 2W ADDITION City Administrator Osberg introduced the item noting the Council will be asked to consider approving a vacation of public drainage and utility easements located on Lots 4 and 5, Block 3, Kennerick Second Addition and authorize the execution of documents. Staff received the petition from the property owner on April 16, 2013. 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 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. Aye: 5 Nay: 0 VACATE PUBLIC DRAINAGE & UTILITY EASEMENT — LOT 1, BLOCK 1, MARI ACRES 2 "D ADDITION City Administrator Osberg introduced the item noting the Council will be asked to consider approving a vacation of a portion of a public drainage and utility easement located on Lot 1, Block 1, Mari Acres 2nd Addition. Osberg added that staff received a petition from Holiday Station Stores; City Council Meeting Minutes June 4, 2013 3 page Inc. on April 23, 2013, to allow the construction of a car wash facility. Public Works Director Matthys gave a staff report. The Council discussed the request. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the vacation of 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, and to record the dedication documents together with the replacement easement granted by the property owner. Aye:S Nay:O OLD BUSINESS 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 City Administrator Osberg introduced the item noting the Council will be asked to consider approving a resolution accepting the administrative hearing officer's Findings of Fact regarding the massage therapy license establishment and the message therapists license of Yang Yu, or direct staff to prepare a resolution rejecting the administrative hearing officer's Findings of Fact for the establishment license and /or the massage therapist license. Osberg also provided additional background information on the proposed violations. Assistant City Administrator Miller was available for questions. The Council discussed the licenses. It was the consensus of the Council to forgo any public comment. Councilmember Fields moved, Councilmember Bakken seconded a motion 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. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a resolution accepting the administrative hearing officer's Findings of Fact and recommendation in the matter of the Massage Therapy License of Yang Yu. Aye: 5 Nay: 0 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 LICENCES ON- PREMISE City Administrator Osberg introduced the item noting the Council will be asked to consider amending the City Code to require massage therapists and massage therapy establishments to post therapist and establishment licenses on- premise. Assistant City Administrator Miller was available for questions. 9 City Council Meeting Minutes June 4, 2013 4 page The Council discussed the amendment. Mayor Maguire asked if anyone in the audience would like to comment on the amendment. There being no public comment, he turned discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve an ordinance amendment to City Code Chapter 6 to require massage therapists and massage therapy establishments to post therapists and establishment licenses on- premise. Aye: 5 Nay: 0 ORDINANCE AMENDMENT — AN ORDINANCE AMENDMENT TO CITY CODE CHAPTER 6 (TOBACCO LICENSING REGULATIONS) TO PROHIBIT SMOKING IN LICENSED TOBACCO RETAIL PREMISES City Administrator Osberg introduced the item noting the Minnesota Clean Indoor Air Act currently allows customers in a tobacco products shop to smoke tobacco for the specific purpose of sampling the product. Osberg noted 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. Assistant City Administrator Miller was available for questions. The Council discussed the amendment. Mayor Maguire asked if anyone in the audience would like to comment on the amendment. There being no public comment, he turned discussion back to the Council. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve an ordinance amendment to City Code Chapter 6 to prohibit smoking in licensed tobacco retail premises. Aye:5 Nay:O NEW BUSINESS COMPREHENSIVE GUIDE PLAN AMENDMENT— HUNTER - EMERSON, LLC City Administrator Osberg introduced the item noting the Council is asked to direct staff to submit a Comprehensive Guide Plan Amendment to the Metropolitan Council to change the land use designation from Low Density to Quasi - Public. The proposed development retains the existing monopole within the site, a use that is not consistent with the new Low Density land use designation. City Planner Ridley gave a staff report. The Council discussed the amendment. Mayor Maguire asked if anyone in the audience would like to comment on the comprehensive guide plan amendment. There being no public comment, he turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to direct staff to submit a Comprehensive Guide Plan Amendment to the Metropolitan Council to change the land use designation from LID (Low Density) to QP (Quasi - Public) for approximately 0.48 acres of property located at 1290 Cliff Road. Aye: 5 Nay: 0 to City Council Meeting Minutes June 4, 2013 5 page COMPREHENSIVE GUIDE PLAN AMENDMENT AND REZONING (NICOLS RIDGE PARK) — CITY OF EAGAN City Administrator Osberg introduced the item noting the Council will be asked to direct staff to submit a Comprehensive Guide Plan Amendment to the Metropolitan Council changing the land use designation from Special Area /Medium Density to Special Area /Parks, Open Space and Recreational. Osberg noted the proposed rezoning request for the property will be withheld until the Comprehensive Guide Plan Amendment is implemented. City Planner Ridley gave a staff report noting no action is required on the rezoning at this time, but any issues or concerns the Council has should be discussed. 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 Fields moved, Councilmember Tilley seconded a motion 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. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION, REZONING, AND PRELIMINARY PLANNED DEVELOPMENT (CEDAR GROVE PARKWAY 2nd ADDITION) - EAGAN ECONOMIC DEVELOPMENT AUTHORITY City Administrator Osberg introduced the item noting the Council is asked to consider three actions related to the Cedar Grove development on the parking garage, approve a Preliminary /Final Subdivision to create two lots, the Rezoning from Cedar Grove District to Planned Development and a Preliminary Planned Development for a two -story public parking garage. City Planner Ridley gave a staff report noting the Advisory Planning Commission held a public hearing at the May 28, 2013 meeting, and recommended approval. The APC commented on the plan to install electric vehicle charging stations in the garage and expressed support for the concept if it is cost - justified. The City's consultant Scott Froeming, Walker Parking Consultants, noted facilities set up for electric vehicles in other locations have experienced low demand and vandalism to the equipment. Staff suggested providing conduit and infrastructure to accommodate electric vehicle charging stations for future application and installation. The Council agreed with that approach. Mayor Maguire asked if anyone in the audience would like to comment on the preliminary planned development. There being no public comment, he turned the discussion back to the Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve 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 following conditions: Aye: 5 Nay: 0 The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: C1, E1. The property shall be platted. 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 City Council Meeting Minutes June 4, 2013 6 page (MNDOT) training, or approved equal training as determined by the City Engineer in designing storm water pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion /Sediment Control Inspector /Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 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. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Final Subdivision (Cedar Grove Parkway 2nd Addition) to create two lots upon 8.9 acres currently legally described as Lot 1, Block 2, Paragon Addition. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Fields seconded a motion to approve 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. Aye:5 Nay:0 Councilmember Bakken moved, Councilmember Fields seconded a motion to approve 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, subject to the following conditions: Aye: 5 Nay: 0 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. 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. �2X City Council Meeting Minutes June 4, 2013 7 page LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative /intergovernmental affairs update to be heard. ADMINISTRATIVE AGENDA CITY COUNCIL COMMENTS Mayor Maguire noted the Paragon Cedar Grove Redevelopment groundbreaking event was held this morning, and he thanked the Council for their patience and commitment to the vision for the redevelopment area. Mayor Maguire noted David Henke with Eagan Patch is leaving and thanked him for his work in Eagan. DIRECTOR OF PUBLIC WORKS Public Works Director Matthys introduced the item asking the Council to consider approval of a Consulting Services Agreement, Contract 13 -05 (Cedar Grove Parking Garage — Security System Design). Matthys provided a staff report. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Consulting Engineering Services Agreement with Paulson & Clark Engineering, Inc. for Contract 13 -05 (Cedar Grove Parking Garage) and authorize the Mayor and Deputy City Clerk to execute all related documents. Aye: 5 Nay:0 There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 8:20 p.m. Aye: 5 Nay: 0 Date Mayor Clerk MINUTES SPECIAL CITY COUNCIL MEETING TUESDAY, JUNE 11, 2013 5:30 P.M. EAGAN ROOM — EAGAN MUNICIPAL CENTER City Council members present: Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. City Staff present: City Administrator Osberg, Assistant City Administrator Miller, Public Works Director Matthys, Director of Community Development Hohenstein, Director of Parks and Recreation Johnson, Superintendent of Operations Mesko and Finance Director Pepper. 1. ROLL CALL AND ADOPTION OF THE AGENDA Councilmember Fields moved, Councilmember Hansen seconded a motion to adopt the agenda as presented. Aye:5 Nay:0 11. VISITORS TO BE HEARD There were no visitors to be heard. III. APPROVE PLANS AND SPECIFICATIONS FOR CITY CONTRACT 13 -05, (CEDAR GROVE PARKING GARAGE) AND AUTHORIZE ADVERTISEMENT FOR A BID OPENING ON JULY 25, 2013 Public Works Director Matthys introduced the item noting on February 5, 2013, the Economic Development Authority approved a Consulting Engineering Services Agreement with Walker Parking Consultants. The project plans and specifications have been completed and are being presented to the Council for approval and to authorize advertisement for bids. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the plans and specifications for Contract 13 -05 (Cedar Grove Parking Garage) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, July 25, 2013. Aye: 5 Nay: 0 IV. RECEIVE BIDS AND AWARD CONTRACT 13 -20 (1 -35E NOISE WALL- LANDSCAPING) Public Works Director Matthys introduced the item noting Contract 13 -20 provides for roadside landscape improvements within Interstate 35E right -of -way adjacent to the noise wall constructed as part of Contract 12 -04. The noise wall was constructed adjacent to the west side of Interstate 35E north of Diffley Road. Matthys provided additional information on the proposed landscape improvements. The Council discussed the improvements. Councilmember Fields moved, Councilmember Tilley seconded a motion to receive the bids for Contract 13 -20 (Interstate 35E Noise Wall — Landscaping Improvements) and award the contract to North Country Landscape and Design, Inc., for the Base Bid in the amount of $46,947.00, and authorize the Mayor and Deputy City Clerk to execute all related documents. Aye: 5 Nay: 0 0 Special City Council Minutes June 11, 2013 Page 2 V. JOINT MEETING WITH THE ENERGY AND ENVIRONMENT ADVISORY COMMISSION (EEAC) A. REPORT ON 2012 -2013 EEAC WORK PLAN AND GOALS 1. Review of City Ordinances /Procedure for Renewable Energy (Solar Energy) Mayor Maguire welcomed the members of the Commission and thanked them for their service on the Energy and Environment Advisory Commission. Director of Parks and Recreation Johnson gave a summary of the Commission's purpose and work plan and introduced Jeff LeClair, Chair of EEAC. Each of the Commissioners introduced themselves to the Council. Chair LeClair gave an overview of the proposed work plan and goals for 2012 -13. The Council discussed the work plan and goals. Commission Member Nadav noted in June 2012 the State of Minnesota received Federal Grant dollars to launch Minnesota Solar Challenge to provide technical assistance to local governments to review city ordinances and develop recommendations to support best practices for renewable energy. Nadav noted the Minnesota Solar Challenge consultant has submitted a report with the findings. Councilmember Bakken moved, Councilmember Hansen seconded a motion to: 1. Direct staff to prepare an ordinance pursuant to the options in the letter from the Minnesota Solar Challenge and forward the changes to the City Attorney for review and recommendations. 2. Direct staff to share the attorney's recommendations with the Energy and Environment Commission for review before going to the APC. 3. Direct staff to then check back with the City Council on the proposed ordinance and before taking the ordinance through the formal APC process. 4. Direct the EEAC have one final opportunity to review the ordinance and make comments before it is presented to the City Council for final consideration. Aye: 5 Nay: 0 2. Recommendation for Property Assessed Clean Energy Program Chair LeClair introduced the item noting the EEAC subcommittee has studied PACE programs from other states and cities and would like to initiate a program within the City of Eagan. Commission Member Nadav gave a summary of the PACE program. Councilmember Tilley moved, Councilmember Fields seconded a motion to recommend program /procedure to the City of Eagan that would provide opportunities for businesses to participate in a Property Assessed Clean Energy Program (PACE) following MN Statute 216C.436. Authorize and direct City staff to develop and launch an initial pilot phase. Aye: 5 Nay: 0 3. Study and Recommendations to Increase Active Living /Complete Streets Chair LeClair introduced the item noting the EEAC would like to study and recommend methods and actions within the City to increase active living and complete streets infrastructure and conduct a joint meeting with the APC. LeClair noted two joint meetings were scheduled with the APrC but were cancelled due to various reasons. 115 Special City Council Minutes June 11, 2013 Page 3 The Council gave direction to continue to study and report actions within the City to increase active living /complete street infrastructure and conduct a joint meeting with the Advisory Parks Commission to discuss initiatives that align with the Complete Street initiative. 4. Recommend Eliminating the Use of Coal Tar Sealers Chair LeClair noted the Minnesota State Legislature passed a state -wide ban on the use and sale of coal tar sealants, and thus there is no need for City action on the subject. 5. Report on Initiative for Publication of Licensed Waste Haulers Rates Chair LeClair noted that the work done to date by the EEAC on this item has been completed. 6. Increase Communication of Greensteps Efforts and Related Programs to the Public Chair LeClair introduced the item, summarizing the work done to date on the GreenSteps Cities program. LeClair noted the EEAC would like to continue the work by increasing the communications on what the City is doing and get feedback from the public on what the EEAC can do. The EEAC is asking Council to continue the communication efforts with GreenSteps Cities. Commission Member Nadav gave an overview of the program. 7. Study of Streets Maintenance Projects — Especially Street Sweeping and Use of Chemical during Winter Operations Chair LeClair noted Public Works Director Matthys gave a presentation on this topic at the September 2012 EEAC meeting. This is an update only, no action required. 8. GreenSteps Cities Best Practice Monitoring and Reporting Chair LeClair noted part of the function in the GreenSteps Cities program is to monitor and report on the City's consumption. The EEAC would like to continue the use of the GreenSteps Cities program and to continue the monitoring and reporting practices with help from staff. Councilmember Bakken suggested this item be discussed later with Item D. — the Proposed 2013 -2014 Goals and Work Plan, the Council agreed. 9. Other Reports /Initiatives Chair LeClair noted this item recognizes the City's participation in the CDA Weather Smart Program for Eagan Homeowners, the composting demonstration sites at the Eagan Community Center and Eagan Market Fest, and a Regional Indicators Project with Urban Land Institute. N Special City Council Minutes June 11, 2013 Page 4 B. LOW MAINTENANCE LANDSCAPING ORDINANCE RECOMMENDATION Chair LeClair noted the EEAC is asking the Council to withdraw the Low Maintenance Landscaping Ordinance Recommendation until they can better prepare a recommendation for the Council to review and approve. The Council agreed with that request. C. WATER CONSERVATION GOALS AND PROGRAM RECOMMENDATION Chair LeClair noted the EEAC is asking the Council to withdraw the Water Conservation Goals and Program Recommendation until they can better prepare a recommendation for the Council to review and approve. The Council agreed with that request. D. PROPOSED 2013 -2014 GOALS AND WORK PLAN Chair LeClair gave an overview of the proposed 2013 -2014 goals and work plan. The Council discussed the goals and work plan. E. EEAC POLICIES /PROCEDURES Chair LeClair read through the EEAC Policies and Procedures for Council's consideration. The Council discussed the policies and procedures. The Council agreed with a suggestion offered by the Mayor that City Administrator Osberg schedules a meeting between Mayor Maguire, Councilmember Bakken, Director of Parks and Recreation Johnson, Chair LeClair, other members of the EEAC as deemed appropriate and City Administrator Osberg to better understand the issues. Mayor Maguire's suggestion also included using the two items not discussed as object lessons for better illuminating the process challenges and the mission challenges regarding the EEAC and how to work through those challenges, based on those specific items. VI. 2014 GENERAL FUND BUDGET UPDATE City Administrator Osberg introduced the item noting the recommended budget is scheduled to be presented to the Council for formal and detailed review at the August 13, 2013 Special City Council meeting. On September 3, the Council will be asked to consider approval of the preliminary levy and on December 17, the Council will be asked to set the final 2013 budget and levy. Osberg noted the Council may elect to conduct a budget open house in the fall, and invited Council feedback. The Council suggested seeing if the budget could be available via webstreaming, which could also be emailed to residents, with a copy available to view at City Hall. Finance Director Pepper was available for questions. There was no other business. VII. OTHER BUSINESS 1� Special City Council Minutes June 11, 2013 Page 5 VIII. ADJOURNMENT Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn at 7:55 p.m. Aye:5 Nay:O Date Mayor Clerk IB Agenda Information Memo July 2, 2013 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Change the vacation maximum accrual for part time employees. ACTION TO BE CONSIDERED: Authorize a revision to the Eagan City Policy regarding the maximum allowed vacation accrual for part time employees; this includes all non union employees who have employment status of working less than 40 hours per week. FACTS: • Current part time, non union employees accrue vacation time based on their part time status. In other words, part time employees accrue vacation leave on a pro rated basis. However, the maximum allowable vacation balance is equal to that of a full time employee. This is inconsistent with the practice of providing vacation leave that accrues on a prorated basis. Therefore, it is recommended that the maximum allowed vacation balance should be reflective of an employee's part time status. For example, if a part time employee has an employment status of working 20 hours per week, the maximum allowable vacation balance would be 50% of that of a full time employee, based on years of service. • The Teamster's Clerical Unit adopted this practice effective January 2011. There are no regular part time employees in the Teamsters Maintenance Unit, nor are there any part time Police Officers, Detectives or Sergeants. • There are currently 8 non union part time employees that may be affected by this change. For those who exceed the prorated vacation balance for a part time employee will be allowed to spend down the overage between now and the last pay period of 2013. Item 2. ACTION TO BE CONSIDERED: Approve the hiring of Seasonal Employees in Parks & Recreation, Forestry & Utilities: Name I Division Job Title DeFranco, Nathaniel Cascade Bay Building & Grounds Attendant Jelinski, Matthew Cascade Bay Building & Grounds Attendant Klinkhammer, Jane Cascade Bay Guest Relations Coordinator M Stelman, Joseph Cascade Bay Guest Relations Crew Zeidler, Gina Cascade Bay Water Fitness Instructor Henry, Samual Civic Arena Building Attendant I Community Finnamore, Mia Center Guest Services Representative Kemper, JoAnn Forestry Landscape Crew Dunn, Nathan Parks Park Maintenance Konat, Katie Parks Park Maintenance Russell, Christopher Parks Park Maintenance Seurer, Dennis Parks Park Maintenance Piatz, Daniel Parks Ballfield /Park Attendant Rothschiller, Brock Parks Park Maintenance Whitacre, Lauren Parks & Rec Preschool Instructor Efteland, Christina Parks & Rec Recreation Assistant Arthur, Brady Parks & Rec T -Ball Assistant Kilgore, Abigail Parks & Rec T -Ball Assistant Marella, Mitch Parks & Rec T -Ball Assistant Steichen, Geoffrey Parks & Rec T -Ball Assistant Swenson, Sara Parks & Rec T -Ball Leader Wylie, Krista Parks & Rec T -Ball Leader Bolks, Jeremiah Utilities Seasonal Utility Maintenance Worker Doerr, Ben Utilities Seasonal Utility Maintenance Worker Oxborough, Anthony Utilities Seasonal Utility Maintenance Worker C)v� Agenda Information Memo July 2, 2013 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated May 24, 31, June 7, 14 and 21, 2013 as presented. ATTACHMENTS: • Check registers dated May 24, 2013 are enclosed without page number • Check registers dated May 31, 2013 are enclosed without page number • Check register dated June 7, 2013 are enclosed without page number • Check register dated June 14, 2013 are enclosed without page number • Check register dated June 21, 2013 are enclosed without page number IN Agenda Information Memo July 2, 2013, Eagan City Council Meeting ROTARY CLUB DONATIONS CONSENT AGENDA D. Approve a resolution accepting a $600.00 donation from the Eagan Rotary Club ACTION TO BE CONSIDERED: Approve a resolution accepting a $600.00 donation from the Eagan Rotary Club. FACTS: • Each year the Rotary Club of Eagan presents the "Outstanding Public Safety Award" to a member of the Eagan Police Department and a member of the Eagan Fire Department in recognition of outstanding public service. • This year's award was presented on June 5th to Police Officer Andy Helgerson and Fire Captain Rick McLay. • As part of this year's recognition, the Rotary Club has donated $600 that is to be divided between the Police and Fire Departments, with the request the funds be spent for public safety equipment. ATTACHMENT(S): Resolution on page a?) IN CITY OF EAGAN RESOLUTION ACCEPTING A DONATION TO THE EAGAN POLICE DEPARTMENT Eagan Rotary 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, Eagan Rotary has presented the police and fire departments with a donation in the amount of $600.00, as part of their public safety officer recognition program. 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's police department; BE IT FURTHER RESOLVED, that the City sincerely thanks Eagan Rotary for their gracious and generous donation. ADOPTED this 2nd day of July, 2013. Motion by: Seconded by: Those in Favor: Those Against: Date: C� �) CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk Agenda Information Memo July 2, 2013 City Council Meeting E. CANCEL THE JULY 9, 2013 SPECIAL CITY COUNCIL MEETING ACTION TO BE CONSIDERED: To cancel the July 9, 2013 Special City Council meeting FACTS: • Per the request of the City Council, the July 9, 2013 City Council is proposed to be cancelled. ATTACHMENTS: None a, --I Agenda Information Memo July 2, 2013, Eagan City Council Meeting F. APPROVE AccessEagan NON - EXCLUSIVE ACCESS AND USE AGREEMENT WITH ARVIG ENTERPRISES, INC. ACTION TO BE CONSIDERED: Approve AccessEagan non - exclusive Access and Use Agreement with Arvig Enterprises, Inc. and authorize the Mayor and Clerk to sign; and further authorize the Director of Communications or IT Manager to execute all necessary work schedules to implement subsequent fiber extensions with the concurrence of the City Attorney. FACTS: • On May 21, 2013, the Eagan City Council approved an identical agreement with Frontier Communications, the first provider to come onto the AccessEagan wholesale fiber network. • Now a second provider, Arvig Enterprises, Inc. has indicated it has customers it would like to serve in Eagan and has signed an access and use agreement prepared by the City. • Arvig Enterprises is a corporation in good standing with the Secretary of State's Office, and company officials indicate they welcome the opportunity to partner with AccessEagan in meeting high bandwidth services for the Eagan business community. • Eagan's 16.2 miles of high performance fiber were authorized and installed in two phases in 2011 and 2012 and is marketed under the name AccessEagan. While Arvig's has some 68,000 miles of fiber, the edition of AccessEagan route miles to Arvig's system bolsters its ability to connect Eagan businesses to statewide resources and cost - effective Internet access. AccessEagan fiber also provides Arvig significant cost savings in providing Ethernet, Wavelength and Managed Internet services. • Extending City fiber and duct to key business areas of Eagan was a key recommendation endorsed and funded by the City Council in 2011, making capacity from that fiber available for open access lease by any provider offering telecommunications services to Eagan businesses and agreeing to the terms and conditions for use of the network. • Nearly nine out of ten Eagan businesses surveyed say that high speed Internet connections are important to their business. • As Arvig begins selling services to customers, it is important to note that that to avoid market delays, the agreement provides that subsequent work schedules may be approved by indentified City staff. These schedules extend the final connection to businesses contracted by Arvig to use AccessEagan fiber. City approval of these schedules is conditioned on the concurrence of the City Attorney. ATTACHMENTS: (0): • Due to the length of the Access & Use Agreement, the master agreement is on file with the City Clerk. jr, Agenda Information Memo July 2, 2013 Eagan City Council Meeting CONSENT AGENDA: G. AWARD CONTRACT TO MP NEXLEVEL LLC FOR THE EXTENSION OF ACCESSEAGAN FIBER INTO THE CEDAR GROVE REDEVELOPMENT AREA, ACCEPT BASE BID AND ALTERNATE 2 AND AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE ALL RELATED DOCUMENTS. ACTION TO BE CONSIDERED: Award contract to MP Nexlevel LLC for the extension of AccessEagan Fiber into the Cedar Grove Redevelopment Area, accept base bid and alternate 2 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On September 4, 2012 the City Council approved a change order to eliminate the approximately .5 mile portion of the AccessEagan fiber route that ran along Cedar Grove Parkway between Rahn and Nichols Road. This fiber route was postponed until the actual street alignment and re- development layout was further along so the City would not incur expensive relocating costs to move the fiber if roads and utilities were rerouted. • On April 16, 2013 the City Council authorized issuance of a RFQ for the extension of AccessEagan fiber into the Cedar Grove Redevelopment area. • Staff contacted three vendors MP Nexlevel, Arvig Construction and Michels to respond to the quote. The low bid on this request was MP Nexlevel LLC with a price of $50,670.51 for the base bid and $18,857.23 for bid alternate 2. The total cost of this construction is $69,527.74. • With nearly 100 new tenants planning to bring on new internet services, staff feels this is a good opportunity to provide high -speed AccessEagan bandwidth and lower overall costs to Eagan businesses. City staff has already had discussions with Paragon staff to partner on bringing AccessEagan fiber into their network closets, making it more attractive for mall tenants to access high -speed connections with optional AccessEagan service providers. • This contract is subject to signature and acceptance by the contractor. • Consultants Design Nine and Elert & Associates are recommending the extension of this fiber into the redesigned development area. ATTACHMENTS: To view the RFQ that was issued, the proposed contract and associated mapped route documents, please contact the City Administrator's office. • Agenda Information Memo July 2, 2013, Eagan City Council Meeting H. FINAL PLAT — MEADOWVIEW INDUSTRIAL PARK ACTION TO BE CONSIDERED: To approve a Final Plat to create two lots upon approximately 7.1.5 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 a� Final Plat, page -'1 May 2, 2013, MnDOT review letter comments, pages -30 through Location Map w p Z ga _41,11 Ilk n Yankee Doodle Rd O �ys R PCHIM Fort Snelling State Park Subject Site 3 i t a u 00 7 s ,Pilot Krigb Park R p ® EE1 E EG Eq FOUR OAKS RD o�� o o 0 W. MM aim CU U ®� Central Park Park ❑O � - CENTRPUPP o 00 0 D a mm D Quarry •Park mmmmm 1 e -' UARRYR O _ sw,��rasb.;:,x••�uw�u -HNC � rre..w,�ewsw.,wxssse.� AD NO. 28 YANKEE DOODLE ROAD, � oe O 81 Feet Project Name: Meadowview Industrial Park 0 500 1,000 2,000 Request: Final Plat Case No: 09- FP- 03 -04 -13 Legend Parcels Buildings Parks / City of Eap 16;;� City Boundary N m Irri O :'FCTION 8, T(AARISHIP 27 cgs -0- RANGE 21, A --- --- NO-03-52-E U.M.— fsi NO-03'52'E 652.84 NO-03-52:E 25530 IN, 30 C) P 0 W R i 1 5 30 T Fo rn 6 gg Km4z't 1) Q (Tj > -+JE HAD M Tm- g --4--r-- 1. o 69 10 >0 - z 2 .4 H Ru so 9 3' A g g", 03 ; 5 N R , " -- I CO 9;9 a o8;= aw54 dam 3. -a- a., 3 1 3 9 a mn R. > a H ,°3ggdg M A Ir, 4 9 3 1 1 i H 3 39; - i 10 g 1 , p FS HN u 5r 9 80� a a o o Us 2� W o 3 0 bp`NN�SOT9yo Minnesota Department of Transportation A Metropolitan District aye Waters Edge Building QF TSO` 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 #1. 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 : //v ww.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. Review Submittal Options: Mn/DOT's goal is to complete the review of plans within 30 days. Submittals sent in electronically can usually be turned around faster. There are four submittal options. Please submit either: 1. One (1) electronic pdf. version of the plans. Mn/DOT can accept the plans via e -mail at metrodevreviews.dot@state.mn.us provided that each separate e- mail is under 20 megabytes. 2. Three (3) sets of full size plans. Although submitting seven sets of full size plans will expedite the review process. Plans can be sent to: Mn/DOT — Metro District Planning Section Development Reviews Coordinator 1500 West County Road B -2 Roseville, MN 55113 3. One (1) compact 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 (65 1) 234 -7794. Sincerely, Tod Sherman Planning Supervisor 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 ginterstatepartnersmn.com Ann Braden, Metropolitan Council -�D_ Agenda Information Memo July 2, 2013, Eagan City Council I. EXTENSION OF FINAL PLAT APPROVAL - (LEMAY LAKE FAMILY TOWNHOMES ADDITION) ACTION TO BE CONSIDERED: To approve a 60 day extension of the Final Plat consisting of one parcel upon approximately 25 acres located at 1319 Jurdy Road. FACTS: ➢ The City Council originally approved the Final Plat on May 7, 2013. ➢ The applicant and surveyor are working with the Dakota County Surveyor. ➢ The applicant has requested an extension of the Final Plat approval. ➢ Approval of the extension would extend a new recording deadline of August 31, 2013. ATTACHMENTS: (2) Location Map, page 31 Letter from CDA, page 1 Dakota County Community Development Agency June 20, 2013 Sarah Thomas 3830 Pilot I<nob Road Eagan MN 55122 RE: FINAL PLAT— LEMAY LAKE FAMILYTOWNNOMES Dear Ms, Thomas, 1228 Town Centre Drive I Eagan, MN 55123 PHONE 651- 675 -4400 1 TDD /m 711 www.dakotacda.org The Dakota County CDA is requesting an extension to filing the final plat for LeMay Lal<e Family Townhomes (Lal<eshore Townhomes). The list of required items stated in the June 4, 2013 letter will not be completed by the July 5, 2013 deadline. A check for $75.00 fee is enclosed. The final plat teas been prepared and will he submitted to Dal<ota County for review by June 24, 2013. Please contact me with any questions at I<gill @dal<otacda.state.mn.us or 651 -67`-� -4477. Sincerely, I<ari R. Gill Deputy Executive Director f� �E'CEI ED 'IN 2 V. 2013 Agenda Information Memo July 2, 2013 Eagan City Council Meeting J. CONTRACT 13 -07 2013 CITY -WIDE TRAIL IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract 13 -07 (2013 City -Wide Trail Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, August 1, 2013. FACTS: • Contract 13 -07 provides for the maintenance overlay of existing bituminous trails in the following locations: • Diffley Road, South Side (Nicols Road to Cedar School) - 450' • Diffley Road, North Side (Diamond Drive to Topaz Drive) - 600' • Diffley Road, North Side (Dodd Road to Countryside Dr.) - 1,610' • Diffley Road, South Side (Pilot Knob Rd to Dodd Rd) - 9,935' • Diffley Road, North Side (Pilot Knob Rd to Braddock Trail) - 8,125' • Pilot Knob Road, West Side (Diffley Rd to Walfrid St) - 1,965' • Pilot Knob Road, East Side (Diffley Rd to Wilderness Run Rd) - 2,625' • Pilot Knob Road, East Side (Lakeside Dr to Cliff Rd) - 1,215' • Lexington Ave, East Side (365' So of Golfview Dr to Diffley Rd) - 9,040' • Lexington Ave, West Side (Wescott Road to Diffley Road) - 5,314' • Hilltop Lane, West Side (Berry Ridge Rd to 200' No of Diffley Road) - 500' as programmed for 2013 in the City's 5 -Year Capital Improvement Program (2013- 2017) and authorized by the City Council on June 5, 2012. • All of the construction activity for said improvements has been designed to occur within existing public right -of -way, public property or easements. • The plans and specifications have been completed by City Engineering staff, and are being presented to the City Council for their approval and authorization for the advertisement of bids. • An advertisement will be published in the legal newspaper, as well as construction contracting publications, informing contractors of the bid. 2� Agenda Information Memo July 2, 2013 Eagan City Council Meeting K. CONTRACT 13 -11 2013 CITYWIDE STORM WATER QUALITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 1 to Contract 13 -11 (Citywide Storm Water Quality Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 13 -11 provides for storm sewer improvements in five waterbodies (one lake, three wetlands and one storm basin) as identified and approved in the City's 5 -Year Capital Improvement Plan (2013- 2017). • The improvements were combined under one contract for economies of scale in the competitive bidding process. • On April 2, 2013, the City Council awarded the base bid for Contract 13 -11 for these improvements to Minnesota Dirt Works, Inc. • Change Order #1 provides for a change in method of turf restoration of disturbed areas at each pond site. The change calls for stabilization of disturbed areas with the Flexterra HP -FGM product which contains seed, tacifier, and mulch, and is applied hydraulically. • The change order provides for a total cost DEDUCT of $602.37 and there is no change in time to the original contract. • The change order has been reviewed by the Public Works Department (Engineering Division) and found to be in order for favorable Council action. 2)1 Agenda Information Memo July 2, 2013 Eagan City Council Meeting L. CONTRACT 13 -11 2013 CITYWIDE STORM WATER QUALITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 2 to Contract 13 -11 (Citywide Storm Water Quality Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 13 -11 provides for storm sewer improvements in five waterbodies (one lake, three wetlands and one storm basin) as identified and approved in the City's 5 -Year Capital Improvement Plan (2013- 2017). • The improvements were combined under one contract for economies of scale in the competitive bidding process. • On April 2, 2013, the City Council awarded the base bid for Contract 13 -11 for these improvements to Minnesota Dirt Works, Inc. • Change Order #1 provides for the modification of the existing pond outlet structure as shown as designed by the City's engineering consultant, Barr Engineering, rather than the full replacement of the outlet structure as originally designed. • The change order provides for a cost DEDUCT of $7,535.00 and there will be no change in time to the original contract. • The change order has been reviewed by the Public Works Department (Engineering Division) and found to be in order for favorable Council action. 29 Agenda Information Memo July 2, 2013 Eagan City Council Meeting M. CONTRACT 13 -16, SANITARY SEWER IMPROVEMENTS INFLOW & INFILTRATION MITIGATION, PART I ACTION TO BE CONSIDERED: Receive the bids and award Contract 13 -16 (Inflow & Infiltration Mitigation, Part I — City -Wide Sanitary Sewer Improvements) to Infratech for the Base Bid in the amount of $39,650.00 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • In cooperation with the Metropolitan Council Environmental Services (MCES), the City has made improvements to the sanitary sewer system over the past six years to mitigate the effects of inflow and infiltration. • On February 5, 2013, the City Council approved an agreement with the Metropolitan Council for a Municipal Publicly Owned Infrastructure Inflow & Infiltration Grant Program. The agreement qualified Eagan for approximately $130,000 of matching funds for capital improvements to the public sanitary sewer system to reduce the amount of inflow and infiltration to the MCES disposal system. The identified improvements must be completed by June 30, 2014. • The proposed inflow and infiltration mitigation improvements are in accordance with the agreement for the grant program. The City is responsible to complete all of the referenced work and submit proof of completion for reimbursement from MCES. • Contract No. 13 -16 provides for the rehabilitation and lining of various sanitary manholes to eliminate inflow and infiltration (130 vertical feet total). • All of the construction activity for said improvements has been designed to occur within existing public right -of -way or easements. • On May 21, 2013, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 13 -16. • At 10:30 a.m. on June 18, 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 low bid of $39,650.00 from Infratech (24% below the estimate) has been reviewed by Public Works staff and found to be in order for favorable Council action. ATTACHMENT: • Bid Summary Tabulation, page LAI) CITY CONTRACT NO 13 -16 EAGAN CITYWIDE SANITARY MANHOLE LINING Bid Date: June 18, 2013 Engineer's Estimate: $ 5-2 DOE, Bid Time: 10:30 a.m. Bids Received By: v G PRQ.1 & CoNTl2011-11 -0) Rid Upenin« List V 5% Qualified Bidder Bid Bond Addendum Total Received Base Bid KIM Construction Company, Inc. � n/a n/a Ritter & Ritter, Inc. n/a iSgFt Planroom n/a Infratech 39) G � bo i n/a Visu - Sever HD Supply Waterworks, n/a — Ltd. n/a Didion Contracting Bids Received By: v G PRQ.1 & CoNTl2011-11 -0) Rid Upenin« List V Agenda Information Memo July 2, 2013 Eagan City Council Meeting N. CONTRACT 13 -17, INFLOW & INFILTRATION MITIGATION, PART II CITY -WIDE SANITARY SEWER IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the bids and award Contract 13 -17 (Inflow & Infiltration Mitigation, Part II — City -Wide Sanitary Sewer Improvements) to Midwest Trenchless Technologies for the Base Bid in the amount of $16,335.00 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • In cooperation with the Metropolitan Council Environmental Services (MCES), the City has made improvements to the sanitary sewer system over the past six years to mitigate the effects of inflow and infiltration. • On February 5, 2013, the City Council approved an agreement with the Metropolitan Council for a Municipal Publicly Owned Infrastructure Inflow & Infiltration Grant Program. The agreement qualified Eagan for approximately $130,000 of matching funds for capital improvements to the public sanitary sewer system to reduce the amount of inflow and infiltration to the MCES disposal system. The identified improvements must be completed by June 30, 2014. • The proposed inflow and infiltration mitigation improvements are in accordance with the agreement for the grant program. The City is responsible to complete all of the referenced work and submit proof of completion for reimbursement from MCES. • Contract No. 13 -17 provides for the installation of internal manhole seals to eliminate run off in roadways and right of ways (33 total seals). • All of the construction activity for said improvements has been designed to occur within existing public right -of -way or easements. • On May 21, 2013, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 13 -17. • At 11:00 a.m. on June 18, 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 low bid of $16,335.00 from Midwest Trenchless Technologies (4% below the estimate) has been reviewed by Public Works staff and found to be in order for favorable Council action. ATTACHMENT: • Bid Summary Tabulation, page L" CITY CONTRACT NO 13 -17 EAGAN CITYWIDE SANITARY MANHOLE CHIMNEY SEALS Bid Date: June 18, 2013 Engineer's Estimate: $ /-7 000 Bid Time: 11:00 a.m. Qualified Bidder 5% Bid Bond Addendum Total Received Base Bid KIM Construction n/a Company, Inc, n/a Ritter & Ritter, Inc. n/a iSgFt Planroom Midwest Trenchless n/a (� �J � 00 Technologies 1 Underground Utility n/a Specialties GF Jediicki Inc. n/a �y n/a Infratech n/a ESS Brothers n/a McNamara Contracting HD Supply Waterworks, n/a Ltd, n/a Didion Contracting Bids Received By: el-�IMV4-�y` G:PRUI f <rn \T /201 1/1 1-01 Bid Opcnim; I.W �A Agenda Information Memo July 2, 2013 Eagan City Council Meeting O. WATER QUALITY COST -SHARE PARTNERSHIP PROGRAM ACTION TO BE CONSIDERED: Approve a Cost Share, Operation and Maintenance Agreement (Easter by the Lake Church Shoreland Project) with Easter Lutheran Church to help implement a City of Eagan Water Quality Cost -Share Partnership Project and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On December 4, 2012, the City Council approved a Water Quality Cost -Share Partnership Program (Program). The purposes of the Program are to: 1) improve water quality in downstream public waterbodies; 2) reduce stormwater runoff into the storm sewer system and public waterbodies; 3) preserve, protect and enhance native plant communities around public waterbodies; and 4) educate and engage the public on the value of improving public water resources, and to develop empowerment and partnership opportunities. • The Program is funded from the stormwater utility fund and is being administered by Water Resources staff according to City Council priorities as designated in approved capital improvement programs, lake management plans, and development agreements. The Program is provided up to $50,000 annually in the 2013 -2017 Public Works Department's Capital Improvement Program. • On May 21, 2013, the City Council approved City Contract No. 13 -15 to implement the Program's inaugural project, a rain garden at Glacier Hills Elementary School, to address substantial stormwater runoff adjacent to Wescott Road. Unless there are additional weather delays, the contractor plans to construct the rain garden in early July, and volunteer students, teachers, and parents will plant it in early September. The total Program cost -share of about $10,000 is being matched by about $2,500 of in -kind contributions. • The Program's next project is a shoreland buffer improvement at Easter Lutheran Church (Easter by the Lake) on Thomas Lake —the first of two planned water quality projects at this location. This project will address an existing problem with surface erosion and sedimentation; and invasive plant species and degraded shoreland plant community. It will help benefit Thomas Lake water quality (i.e., reducing sediment and phosphorus, etc.) while enhancing native plant communities in the Thomas Lake shoreland area. • The church will engage a contractor to eradicate invasive plants from the shoreland buffer on a large scale. The contractor will also perform three years of follow -up vegetation maintenance within the buffer. • Volunteer church members will contribute in -kind costs by planting native ground -layer perennials within the shoreland buffer. The church grounds committee will be responsible for future maintenance of the site. The church will also conduct programs to educate its congregation about watershed and water quality stewardship at the church grounds and at home. • The project should be substantially completed by the end of 2013 with a total estimated cost of $10,000. The estimated Program cost -share (rebate /reimbursement) of $7,500 will be matched by an estimated $2,500 of church cash contribution (not including the in -kind labor contribution). 4D Agenda Memo July 2, 2013 City Council Meeting P. APPROVE a Resolution to accept a donation of equipment from the Eagan Hockey Association ACTION TO BE CONSIDERED: To approve a Resolution to accept a donation of equipment from the Eagan Hockey Association valued at $5,744. FACTS: • The Eagan Hockey Association partnered with the City of Eagan on the construction of dry land training space at the Eagan Civic Arena in 2011. This partnership included a commitment of $35,000 in rentals of this space per year over a 14 year period of time. • To enhance the dry land training space the Eagan Hockey Association would like to donate training supplies to be used in the training rooms. The equipment will also be available to be used by other renters. • Once accepted, the donated equipment will become property of the City of Eagan and as such will remain the responsibility of the Civic Arena to repair, remove or replace as technology and training concepts change and as the operation of the Civic Arena deems appropriate. Future potential replacement will need to be planned for during the budgeting cycle of the Civic Arena. • The items to be donated include: o 10 Core training platforms $1500 o 1 Goalie Trainer 1,200 o 9 Plyo Boxes 1,200 o 4 Plyo Platforms 800 o 1 Set medicine balls /rack 500 o 9 Plyo Tubes 360 o 9 Jump Ropes 54 o 1 Pro Agility Ladder 50 o 20 Weighted Pucks 40 o 20 Swedish Stick handling balls 40 $5,744 ATTACHMENT: • Resolution on Page wy CITY OF EAGAN RESOLUTION TO ACCEPT A DONATION OF DRY LAND TRAINING EQUIPMENT FROM THE EAGAN HOCKEY ASSOCIATION WHEREAS, the City of Eagan and the Eagan Hockey Association (EHA) have a long history of working cooperatively to provide hockey programs and activities for the youth of Eagan; and WHEREAS, EHA has partnered with the City of Eagan on several projects at the Civic Arena including the construction of the dry land training in the west arena in 2011; and WHEREAS, EHA has expressed an interest in donating equipment that can be used within the dry land training area by EHA member as well as other groups /individuals that rent the space; and WHEREAS, the City of Eagan will retain ownership of the donated equipment as well as the repair, removal or replacement of the donated equipment as the operation of the Eagan Civic Arena deems appropriate; NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby accept the donation of 10 core training platforms, 1 goalie trainer, 9 plyo boxes, 4 plyo platforms, 1 set of medicine balls and rack, 9 plyo tubes, 9 jump ropes, 1 pro agility ladder, 20 weighted pucks and 20 Swedish stick handling balls for a total value of $5,744 from the Eagan Hockey Association to be placed in Eagan Civic Arena dry land training space for use by renters of the space. Motion made by: Seconded by: Those in favor: Those against: Dated: CITY OF EAGAN CITY COUNCIL By: Mayor Attest: Deputy City Clerk CERTIFICATION I, Cheryl Stevenson, Deputy City Clerk for the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 2nd day of July, 2013. Deputy City Clerk L- Agenda Information Memo July 2, 2013 Eagan City Council Meeting Q. CONTRACT NO. 13 -19 CARLSON LAKE SANITARY SEWER LIFT STATION REHABILITIATION ACTION TO BE CONSIDERED: Receive the bids and award Contract 13 -19 (Carlson Lake - Sanitary Sewer Lift Station Rehabilitation) to Minger Construction Inc. for the Base Bid in the amount of $240,000.00 and authorize the Mayor and City Clerk to execute all related documents. 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. • On June 4, 2013, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 13 -19. • At 11:00 a.m. on Wednesday June 26, 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 low bid of $240,000.00 from Minger Construction Inc. (4% below the estimate) has been reviewed by the City's engineering consultant, Bolton & Menk, Inc., and Public Works staff, and found to be in order for favorable Council action. ATTACHMENTS: • Bid Summary Tabulation, page` 1-1W BID SUMMARY 2013 CARLSON LAKE LIFT STATION REHABILITIATION CITY PROJECT NO. CITY CONTRACT NO. 13 -19 Bid Date/ Time: 11:00 a.m., Wednesday June 26, 2013 Estimate: $250,000 Total Contractors Base Bid Minger Construction Inc. $240,000 Penn Construction Inc. $279,400 Landwehr Construction Inc. $465,600 Over /Under Estimate -4% 12% 86% 6/26/2013 Agenda Information Memo July 2, 2013 Eagan City Council Meeting VI. OLD BUSINESS A. ORDINANCE AMENDMENT — CITY OF EAGAN ACTION TO BE CONSIDERED: Approve an Ordinance Amendment to Chapter 10, Section 10.01, relative to Storage, Deposit and Disposal of Refuse and direct the City Attorney to publish the ordinance amendment /summary. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The City Council was made aware of an issue regarding refuse /recycling container storage at a Listening Session earlier this year. The Council directed the Public Works Committee review the matter. The Public Works Committee considered the matter in February of this year and determined that in instances where seasonal circumstances (boulevard snow storage), topography and /or situations where multiple dwelling units compete for container storage in the same driveway that storing containers adjacent to the front of the curb would be acceptable. ➢ The City Council directed preparation of an ordinance amendment in March. ISSUES: ➢ The issue surfaced via a resident complaint about containers being stored in the street and the impact that has on pedestrians in that area. The draft ordinance amendment was shared with said complainant the week of June 17. ATTACHMENTS: (1) Planning Report and Draft Ordinance Amendment, pages 1 -10i through 4P) PLANNING REPORT CITY OF EAGAN REPORT DATE: June 20, 2013 APPLICANT: City of Eagan PROPERTY OWNER: N/A REQUEST: Ordinance Amendment LOCATION: City -wide COMPREHENSIVE PLAN: N/A ZONING: N/A SUMMARY OF REQUEST CASE: 01- OR- 02 -06 -13 HEARING DATE: July 2, 2013 PREPARED BY: Michael J. Ridley, AICP The City of Eagan is requesting approval of an Ordinance Amendment to Chapter 10, Section 10.0 1, relative to Storage, Deposit and Disposal of Refuse. BACKGROUND/HISTORY The City Council was made aware of an issue regarding refuse /recycling container storage at a Listening Session earlier this year. The Council directed the Public Works Committee review the matter. The Public Works Committee considered the matter in February of this year and determined an amendment to the City Code would best address the general situation where topographic and /or seasonal conditions make difficult the use of boulevards for storage on pickup day. The City Council directed preparation of an ordinance amendment in March. EXISTING CONDITIONS The City Code requires trash/recycling containers be stored 3' back from the curb (on trash days). The issues discussed by the PW Committee included that receptacles not placed close enough to the street for the mechanical arm to reach are left un- emptied. Additionally, snow storage and /or the steepness of the grade of some driveways and boulevards make container storage off of the street surface impractical. fit' Planning Report — Ordinance Amendment July 2, 2013 Page 2 EVALUATION OF REQUEST The Public Works Committee met with staff from Administration, Planning and Public Works and acknowledged there are competing interests of accessible and safely stored trash/recycling containers and limiting obstructions within roadways. The committee discussed that containers stored 3' back from the curb can be a problematic requirement in that they may not be reached by mechanical arm device some waste haulers use and those containers are left behind un- emptied. The committee also determined that in instances where seasonal circumstances (boulevard snow storage), topography and /or situations where multiple dwelling units compete for container storage in the same driveway that storing containers adjacent to the front of the curb would be acceptable. SUMMARY /CONCLUSION The Public Works Committee determined an amendment to the City Code would best address the general situation where topographic and /or seasonal conditions make difficult the use of boulevards or driveways for storage on pickup day. The proposed amendment allows refuse /recycling container storage adjacent to the front of the street curb in these instances. ACTION TO BE CONSIDERED To approve of an Ordinance Amendment to Chapter 10, Section 10.01, relative to Storage, Deposit and Disposal of Refuse. 5o ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 10 ENTITLED "PUBLIC PROTECTION, CRIMES AND OFFENSES" BY AMENDING SECTION 10.01 REGARDING STORAGE OF REFUSE; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 10 is hereby subd. 1 (I), to read as follows: I. Curbside means the collection point for wastes Section 10.01, the container in which case the container shall be located adiacent>,to the front of the street curb. O feet back from the street or curb Section 2. Eagan City Code subd. 2 (D), to read as follows:,- m., D. In resid€ recyclables shall be .per of the night precedinggt At all other ti=p ,such behind the frodof thej less than ei& three by changing - Section 10.0 1, g areas, storage -cpntainers for garbage, refuse and curbside or ;other permitted collection point from 6:00 p.m. until 6 OOa.m. on the day after designated collection day. ust be stoked inside the dwelling unit or garage or at a point or aara2e. ,ar Section 3. Eagan, ,City Code Chapter 1 entitled "General Provisions and Definitions Applicable to ,the Entire.City Code Including 'Penalty for Violation "' and Section 2.99, entitled "Violation a Misdemeanor "' are hereby adopted in their entirety by reference as though repeated verbatim. Section 4. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Cheryl L. Stevensonis-ti M-; Fssin�i Its: City Clerk Date Ordinance Adopted: By: Mike Maguire Its: Mayor Date Ordinance Published in the Legal Newspaper: rid,, Agenda Information Memo July 2, 2013, Eagan City Council Meeting VII. NEW BUSINESS A. CONDITIONAL USE PERMIT —'SHAW INDUSTRIES ACTION TO BE CONSIDERED: To approve (OR direct preparation of Findings of Fact for Denial) a Conditional Use Permit to allow outside storage of 21 tractor trailers and 8 semi- tractors for property at 1090 Gemini Road, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers Present FACTS: ➢ The subject property is zoned I -1 (Limited Industrial) which allows outdoor storage via a CUP (Conditional Use Permit). ➢ The subject site was built in 1987 and consists of a 47,800 sq. ft. office warehouse building. ➢ A parking setback Variance was approved in 1992. ➢ A CUP for outdoor storage was approved and the property was replatted in 2005. The CUP was not utilized. ➢ The proposed use satisfies the outdoor storage requirements, a' lthough landscaping should be added to screen the outdoor storage from the public ROW. ➢ The Advisory Planning Commission held a Public Hearing on June 25, 2013 and is recommending approval. 60 DAY AGENCY ACTION DEADLINE: July 14, 2013 ISSUES: None ATTACHMENTS: (3) Location map on page 5` _ Draft June 25, 2013 APC minutes on pages 65 through 5(e Staff report on pages through '13 93 / LU ubje ct Site Mv OIKSTRIIT AL Mo Project Name: ShavvIndustries Request: Conditional Use Permit U Case No: 11-CU'O4'O543 City ofDp p�� Jl Feet u 500 1.000 2.000 Legend �--lpumo/o ouxmnoa pumu 164"y Boundary N �Ya�e, 1]_Oddl. �Rdl" DIM Rd CHH Rd / LU ubje ct Site Mv OIKSTRIIT AL Mo Project Name: ShavvIndustries Request: Conditional Use Permit U Case No: 11-CU'O4'O543 City ofDp p�� Jl Feet u 500 1.000 2.000 Legend �--lpumo/o ouxmnoa pumu 164"y Boundary N Advisory Planning Commission June 25, 2013 Page 2 of 13 IV. PUBLIC HEARING New Business A. Shaw Industries Applicant Name: Cushman & Wakefield /NorthMarq Location: 1090 Gemini Rd; Lot 1, Block 1, Gemini Road Industrial Park Application: Conditional Use Permit A Conditional Use Permit to allow outdoor storage of 21 semi -trail File Number: 11- CU- 04 -05 -13 FF= mi- tractors Planner Thomas introduced this item and highlighted the i orration pri3 ted in the City Staff report dated June 18, 2013. ping was to r preseriy. the lot re-, rip bould a8�d AMP nd7 iori requiring storm w` ter expl t�aed that the condit�` mwa , ment plan p ing. r Heaney osed the p lie hearing and turned the Member Supina asked if the lot re -stri CUP would need to be amended and necessary. Member Prashad asked about the co Assistant City Engineer Aaron Nelson applicant to submit a conforming stor Chair Heaney opened the public hear There being no public c R discussion back to c Member P,k Y e Conditional Use Per prope _�i cated at 10901 Ind stri�rk, subject to Planner Tho° stated the anal parking :come requirements be met. �s of approval require the grading. J derpoel sWonded a motion to recommend approval of a or storage of 21 tractor trailers and 8 semi - tractors for Rost, { ally described as Lot 1, Block 1, Gemini Road lowin -y onditions: 1. The Condiay I Use Per, shall be recorded with Dakota County within 60 days of the date of approval a roof of ' . recording be provided to the City. 2. This Conditional'- se P mit shall replace any and all former Conditional Use Permits for the property. s, 3. The applicant sha ubmit a revised Site Plan identifying the 21 tractor trailers and 8 semi - tractors on the site as depicted on the Site Plan submitted June 7, 2013 and additionally located within the loading dock areas. 4. If the city determines that the site is deficient in parking, the applicant's outside storage area shall be restriped to accommodate the additional stalls. The applicant must submit an application to amend the CUP to adjust the number of trailers and tractors that can be stored as a result of the conversion of the area to parking. 5. The applicant shall submit a Landscape Plan for city staff review and approval that incorporates coniferous trees to screen the outdoor storage from Lexington Avenue right-of- way. 56 Advisory Planning Commission June 25, 2013 Page 3 of 13 6. The outdoor storage is limited to 21 tractor trailers and 8 semi - tractors located in the parking lot on the southeast side of the building. 7. The applicant shall apply for and obtain a grading /excavation permit from the City prior to the construction of the proposed parking lot expansion /outdoor storage area. Detailed plans for this grading work must be prepared and signed by a registered professional engineer. 8. The applicant shall fully meet Eagan's Post Construction Requirements (City Code §4.33) for stormwater management (i.e. pollutant, rate, and volume control) and surface water quality. 9. Prior to receiving a grading permit, the applicant shall provide the City with water - quality modeling (comparison summary & inputs) to demonstrate no -net` -crease of annual TP & TSS loading over existing conditions. 10. Prior to receiving a grading permit, the applicant shall prl,-- He the City with hydrologic modeling (comparison summary & inputs) to demonstrate increase of runoff rates (2yr, 10yr, 100yr, 24 -hr) over pre - development conditions 11. Prior to receiving a grading permit, the applicant sha , rode the Cfty ath soil- boring log(s) (extending 15' min. below bottom of over is ithin the Iocati4 . of the proposed biofiltration stormwater management feature, if ctr�ainage area will not be ; strial runoff, to evaluate suitability for infiltration.` r Ian revision all include 12. Prior to receiving a grading permit, the app icarf' tormv�i.;f p oil- filtration in all catch - basins that receive industri o.4' minimum catd -basin sumps, 12" minimum depth sand beds above all under -drai (rand a gate -valve on the drain -tile outlet from the biofiltration basin's uer drain outlet. 13. Prior to receiving a grading permit, f licant shall en nto a long -term stormwater g g gP j facility inspection and maintenance agree ii kin;,a form acc a to the City Attorney, 14. The applicant shall provide the City as °wilt pff ns t1Ut demons ate constructed stormwater facilities conform to design and /or cons x cti pproved by the City. As -built volumes of retention &fdetention shall be p Q.; ed for a lstormwater facilities. All voted in favor. MCA REPORT DATE: June 18, 2013 PLANNING REPORT CITY OF EAGAN CASE: 11- CU- 04 -05 -13 APPLICANT: Cushman & WakefieldINorthmarq HEARING DATE: June 23, 2013 PROPERTY OWNER: James Campbell Company LLC REQUEST: Conditional Use Permit LOCATION: 1090 Gemini Road COMPREHENSIVE PLAN: IND, Industrial ZONING: I -1, Limited Industrial SUMMARY OF REQUEST APPLICATION DATE: May 15, 2013 PREPARED BY: Sarah Thomas The applicant is requesting approval of a Conditional Use Permit to allow outdoor storage of 21 tractor trailers and 8 semi - tractors for property located at 1090 Gemini Road, legally described as Lot 1, Block 1, Gemini Road Industrial Park. AUTHORITY FOR REVIEW Conditional Use Permit: City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. Jq Planning Report — Shaw Industries CUP June 23, 2013 Pale 2 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will -not - involve- uses; activities,, processes, materials,- equipment- and - conditions -of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8. Is appropriate after considering whether the property is in compliance with the City Code. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUNDMISTORY The subject site was platted in 2005, approved concurrently with a Conditional Use Permit (CUP) to allow the outdoor storage of 18 trailers. The CUP was not utilized; however, it should be clear that approval of the proposed CUP would replace any existing and prior CUP approvals for the property. A setback variance for parking, which is 5 feet from the public right -of -way, was approved on April 9, 1992. The Variance allowed for both a shared driveway and shared parking with the property to the east which allowed for better maneuvering of the semi - trailers. M Planning Report — Shaw Industries CUP June 23, 2013 Page 3 EXISTING CONDITIONS The existing site is developed with a 47,862 square foot building that is located on the east - central portion of the site. The current green space for the site is 42 percent which exceeds the City Code requirement of 25 %. Based on Office and Warehouse use the site does not meet parking requirements; however, staff is not aware of any parking issues with this site. Seventy one parking stalls are required, there are currently 25 parking stalls onsite. If the city determines that the site is deficient in parking, the applicant's outside storage area - should -be restripedto accommodate- the- additional - stalls: The - applicant - should- submit an application to amend the CUP to adjust the number of trailers and tractors that can be stored as a result of the conversion of the area to parking. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Compatibility with Surrounding Area - The site is surrounded by industrial type uses. Outdoor storage of truck trailers is typical for industrial areas. Proposal - The applicant in conjunction with a renewal of the tenant, Shaw Industries, is requesting approval of a Conditional Use Permit to allow outdoor storage of 21 tractor trailers and 8 semi - tractors, 4 of which would be attached to the trailers. According to the applicant's narrative, Shaw Industries is a national carpet manufacturing company. This property is a distribution facility. These trailers have been stored in various locations in Eagan. In order to accommodate the parking, an existing green area to the southeast will be converted to an asphalt pad. No additional landscaping is proposed. Note that neither the narrative nor the Site Plan includes the full request as stated by the applicant. The Site Plan does not include trailer parking within the dock areas. In addition to the 14 trailers and 4 tractors identified on the Site Plan in the expanded parking lot, the applicant proposes an additional 7 trailers in the dock locations and 4 additional tractors affixed to the trailers to be included with the outdoor storage request. This results in a total of 21 tractor trailers and 8 semi - tractors. �J� Existing Use Zoning Land Use Desi nation North Manufacturing Limited Industrial Industrial South Office Warehouse Business Park Business Park East Warehouse Limited Industrial Industrial West US Postal Service Limited Industrial Industrial EVALUATION OF REQUEST Compatibility with Surrounding Area - The site is surrounded by industrial type uses. Outdoor storage of truck trailers is typical for industrial areas. Proposal - The applicant in conjunction with a renewal of the tenant, Shaw Industries, is requesting approval of a Conditional Use Permit to allow outdoor storage of 21 tractor trailers and 8 semi - tractors, 4 of which would be attached to the trailers. According to the applicant's narrative, Shaw Industries is a national carpet manufacturing company. This property is a distribution facility. These trailers have been stored in various locations in Eagan. In order to accommodate the parking, an existing green area to the southeast will be converted to an asphalt pad. No additional landscaping is proposed. Note that neither the narrative nor the Site Plan includes the full request as stated by the applicant. The Site Plan does not include trailer parking within the dock areas. In addition to the 14 trailers and 4 tractors identified on the Site Plan in the expanded parking lot, the applicant proposes an additional 7 trailers in the dock locations and 4 additional tractors affixed to the trailers to be included with the outdoor storage request. This results in a total of 21 tractor trailers and 8 semi - tractors. �J� Planning Report — Shaw Industries CUP June 23, 2013 Page 4 Outdoor Storage Requirements — a. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center {CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I -1) and general industrial (I -2) zoning districts, the enclosure may be detached from the principal building. The applicant is proposing an 8 foot cyclone fence around the perimeter of the storage area. b. The storage areas shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. The designated storage area is located in the rear of the building and is not encroaching into parking setbacks. C. d. The storage area shall not interfere with any pedestrian or vehicular movement. The proposed storage area is specifically for trailer storage and will not have pedestrian or other vehicular movement. e. The storage area shall not take up required parking spaces or landscaping areas. The proposed storage area is in a location that is currently open green space. The site currently does not meet parking requirements and will not with this proposal. The site requires 71 stalls for office warehouse use; currently there are 25 parking stalls. If additional parking is needed in the future, the new proposed storage area will need to be converted to customer /employee vehicle parking as previously discussed under the existing conditions section of the report. ( -00 Planning Report — Shaw Industries CUP June 23, 2013 Page 5 f. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. The proposed storage area will be paved. Green Space — Currently 42% of the subject lot is green space. The I -1 District requires at least 25% green space. The outdoor storage area is proposed to be on a newly paved area which reduces the green space to 28 %. The reduction meets green space requirements but leaves little room for future expansions or additional parking. Landscaping — The 2005 CUP application included the addition of 6 Black Hills Spruce to the southwest portion of the storage area. These trees were not planted as the CUP was not utilized. The applicant should submit a similar Landscape Plan for city staff review and approval. Grading — The preliminary site & grading plan submitted indicates grading of the southern portion of the site for expansion of paving for the outdoor storage. Since more than 10,000 SF of land will be disturbed, the applicant should apply for and obtain a grading /excavation permit from the City prior to the construction of the proposed expansion. Detailed plans for this grading work should be prepared and signed by a registered professional engineer. Parkin /Storage Area — The existing site proposed for a parking lot expansion and outdoor storage of semi- tractors and trailers is currently a grassy area that generally slopes towards the north and the east. The applicant is proposing an 18,445 SF expansion to their existing parking lot to provide additional overnight parking of semi - tractors and trailers. The parking lot expansion is to be constructed with a bituminous asphalt surface and concrete curb and gutter around the perimeter. City Code requires parking lots to be surfaced with a material to control dust and drainage, and that the surface shall be properly maintained to prevent deterioration. Bituminous asphalt is the most- widely -used surfacing material to accomplish this requirement and is required for outdoor storage areas. Utilities — The existing building on the site is connected to the City sanitary sewer and water main systems. With the exception of the new storm sewer included with the pond, no additional connections are proposed with this application. Access — Access to the site is currently from the driveway entrance onto Gemini Road and will remain unchanged with this development. Wetlands — There are no wetlands on the site, thus, City Code § 11. 67, wetland protection and management regulations, does not apply. W Planning Report — Shaw Industries CUP June 23, 2013 Pap-e 6 Stormwater Management /Water Quality — The applicant proposes to add approximately 18,445 SF of impervious surface to the site, resulting in impervious coverage of approximately 72% of the 134,730 SF site. Runoff from this site flows to DP -3, a stormwater wetland basin, which is in the LeMay Lake watershed. This development should manage storm water and protect water quality from the new parking lot expansion/outdoor storage area runoff in accordance with the current City's Post Construction Requirements (City Code §4.33) for stormwater management and surface water quality, including Runoff Rate Control, Total Phosphorus (TP) & Total Suspended Solids (TSS) Control, '' /z" Volume Control, and oil /grease control (due to the industrial land -use nature of this site /catchment area) as applied to the proposed new impervious areas. Regarding the '/2" Volume Control requirement, based on the proposed 18,445 square feet of new impervious x '/2 ", the applicant would be required to provide a minimum of 769 cubic feet of retention volume. The applicant currently proposes to meet the 4.33 requirements through the construction of an underground stormwater chamber filtration system (with 8,000 cubic feet of temporary storage, to collect 36,755 square feet of impervious parking lot runoff), and a biofiltration basin (with 5,300 cubic -feet of temporary storage, to collect 5,303 square feet of impervious runoff from a small area of parking lot and rooftop). Overflows and under- drains from the filtration system and biofiltration basin are proposed to be connected to the public storm sewer system in the SW corner of the site, flowing to DP -3. While it may be likely that the applicant's stormwater management proposal would comply with City Code §4.33 Post - Construction Requirements, no water quality or hydrologic modeling has been provided with the proposal, to demonstrate compliance. The property owner should be responsible to maintain this storm water system in accordance with City engineering /water quality standards, under a maintenance agreement in a form acceptable to the City Attorney. Financial Obligation _ — At this time, there is a pending assessment on the parcel in the amount of $10,190.37 for street improvements currently underway on Gemini Road. SUMMARY /CONCLUSION The applicant is requesting approval of a Conditional Use Permit to allow outdoor storage of semi - tractors and trailers in the southeast portion of the lot. The six outdoor storage criteria are met with this proposal and the required landscaping. The site currently does not meet parking requirements based on building square footage but staff is not aware of the amount parking being an issue with the operation of this site. The site is short 46 parking stalls. Should customer /employee parking needs increase, the proposed storage area could be restriped to add parking. W �). Planning Report — Shaw Industries CUP June 23, 2013 Page 7 ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to allow outdoor storage of 21 tractor trailers and 8 semi - tractors for property located at 1090 Gemini Road, legally described as Lot 1, Block 1, Gemini Road Industrial Park, subject to the following conditions: 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. This Conditional Use Permit shall replace any and all former Conditional Use Permits for the property. 3. The applicant shall submit a revised Site Plan identifying the 21 tractor trailers and 8 semi- tractors on the site as depicted on the Site Plan submitted June 7, 2013 and additionally located within the loading dock areas. 4. If the city determines that the site is deficient in parking, the applicant's outside storage area shall be restriped to accommodate the additional stalls. The applicant must submit an application to amend the CUP to adjust the number of trailers and tractors that can be stored as a result of the conversion of the area to parking. 5. The applicant shall submit a Landscape Plan for city staff review and approval that incorporates coniferous trees to screen the outdoor storage from Lexington Avenue right - of -way. 6. The outdoor storage is limited to 21 tractor trailers and 8 semi- tractors located in the parking lot on the southeast side of the building. 7. The applicant shall apply for and obtain a grading /excavation permit from the City prior to the construction of the proposed parking lot expansion/outdoor storage area. Detailed plans for this grading work must be prepared and signed by a registered professional engineer. 8. The applicant shall fully meet Eagan's Post Construction Requirements (City Code §4.33) for stormwater management (i.e. pollutant, rate, and volume control) and surface water quality. 9. Prior to receiving a grading permit, the applicant shall provide the City with water - quality modeling (comparison summary & inputs) to demonstrate no- net - increase of annual TP & TSS loading over existing conditions. 10. Prior to receiving a grading permit, the applicant shall provide the City with hydrologic modeling (comparison summary & inputs) to demonstrate no- net - increase of runoff rates (2yr, I Oyr, 100yr, 24 -hr) over pre - development conditions. (D _� Planning Report — Shaw Industries CUP June 23, 2013 Paae 8 11. Prior to receiving a grading permit, the applicant shall provide the City with soil- boring log(s) (extending 15' min, below bottom of over - excavation) within the location of the proposed biofiltration stormwater management feature, if drainage area will not be industrial runoff, to evaluate suitability for infiltration. 12. Prior to receiving a grading permit, the applicant's stormwater plan revisions shall include oil - filtration in all catch - basins that receive industrial runoff, 4' minimum catch - basin sumps, 12" minimum depth sand beds above all under - drains, and a gate -valve on the drain -tile outlet from the biofiltration basin's under -drain outlet. 13. Prior to receiving a grading permit, the applicant shall enter into a long -term stormwater facility inspection and maintenance agreement, in a form acceptable to the City Attorney, 14. The applicant shall provide the City as -built plans that demonstrate constructed stormwater facilities conform to design and /or construction plans, as approved by the City. As -built volumes of retention & detention shall be provided for all stormwater facilities. (Oq Location RDJ-- Ag % 0' C 18 DR 0 D FJ" Subject Si -A NO 4T,4 'Mam -and iE-klOAKSTREET :6z PPLESTREEI- AL Al 00 PK NORT 'i �v Y TVR I Feet Project Name: Shaw Industries 0 500 1,000 2,000 Request: Conditional Use Permit Case No: 11-CU-04-05-13 Legend Parcels Buildings Parks Cityof Eap �il City Boundary N L: J 1.1 Rd a k,, 0-dill Rd Diffi.y Rd Cliff Rd MA MM1467' RDJ-- Ag % 0' C 18 DR 0 D FJ" Subject Si -A NO 4T,4 'Mam -and iE-klOAKSTREET :6z PPLESTREEI- AL Al 00 PK NORT 'i �v Y TVR I Feet Project Name: Shaw Industries 0 500 1,000 2,000 Request: Conditional Use Permit Case No: 11-CU-04-05-13 Legend Parcels Buildings Parks Cityof Eap �il City Boundary N Current Zoning and Land Use Map City of Equ Application: Shaw Industries Type: Conditional Use Permit Case No.: 11- CU- 04 -05 -13 Zoning 1 -9 Limited Industrial Land Use Plan IND Limited Industrial N 0 300 600 1,200 = Feet 4 �z 0 0 d' 0 00 a a� v c 0 c c o •- o o N C � N N •- U 'O C C � (6 Q p N 7 N N N N .fl � � O • • �J SURVEY H Zol z H n < z A w , H Mil HPH P.H19 Pz- -�o . .. ......... 4 4 GEMINI ROAD PO cz: IZO IVA 1 > >0 < ril z z MINI ju b,w as �j4 bw.aaul _ _ i. 4 ....... ... - ------- --- --------- ------- -------------- j ii `4— SB9-4J'5V'E 2,5.00 V-4 1 n z 0 c) 0 f7 o c z FD z n Vl� 0 z a 0 F . 0 0 O SITE PLAN GEMINI ROAD lS g'!A m I'TR Larson > ltig 3 MV, M r r r WAKEFIELD/ Engineering, In ai --j gm GEMINI ROAD NORTHMARQ Khi1090 le 3earlake, IAN Sin PARKING LOT EXPANSION CUSHMAN & Larson WAKEFIELD/ Engineering, In gm GEMINI ROAD NORTHMARQ Khi1090 le 3earlake, IAN Sin Z EAGAN, MIN MGOYI� AMERICAN BLVD., SUITE 200 recgr mm qo A Z UTILITY PLAN --------------- 1, , . . . . . . . . . . ------ CUSHMAN & Larson z z .zo PARKING LOT EXPANSION WAKEFIELD/ Engl e ri rl'a, I 51g� 1090 GEMINI ROAD NORTHMARQ 3 .24 u -S F EAGAN. ht'll 3KO V1. AIMERICAN BLVD, SUITE 200 12LO .2 11 GRADING PLAN L. GE411NI ROAC� o G. 2 u CUSHMAN & L son PARKING LOT EXPANSION WAKEFIELD/ MI 'a 1090 GEMINI ROAD NORTHMARQ 1 EAGAN, NIN n; f f 2 im I I 0 VL AMERICAN BLVD., SUIT� 200 x � 1 ! 1 9 fit -- I V $ ! � .2 A Q it 3 A 0 M az CUSHMAN & L son PARKING LOT EXPANSION WAKEFIELD/ 'a 1090 GEMINI ROAD NORTHMARQ I L - EAGAN, NIN n; 0 VL AMERICAN BLVD., SUIT� 200 1111114 WAKES EL® trp May 30, 2013 Sarah Thomas, Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 =n Re: 1090 Gemini Road Project Narrative Dear Sarah, NARRATIVE 3500 American Blvd, W., Suite 200 Minneapolis, MN 55431 952.831,1000 cushwakenm.com RECEIVED HAY 3 0 2013 This letter is in response to your May 23, 2013 letter to me that identified areas where our application for a conditional use permit was incomplete. Many of the items you identified are revised /corrected in the revised plans from Larson Engineering dated May 29 or 30, 2013. We are submitting these new plans to replace those we submitted to the City on May 15, 2013. Also, to reduce confusion, we are omitting the Genesis plans you originally received. These plans were early conceptual drawings and no longer reflect the current scope. The updated Larson Engineering plans will have all required information. We are re- requesting a conditional use permit for a parking lot expansion that was previously approved on September 6, 2005. The current plan is similar to the original request, but has a reduced scope. The original request expanded the lot to add 18 trailer parking spaces. Now we are expanding the lot for 12 trailers. Per the requirements of the conditional use permit for the semi - trailer parking expansion at 1090 Gemini Road, I am sending you this project narrative: The Owner, James Campbell Company LLC, in conjunction with a renewal of the tenant, Shaw Industries, proposes to convert current grassy areas into parking for 12 empty semi - trailers. Shaw Industries is a national carpet manufacturing company. This property is a distribution facility. Semi - trailers loaded with carpet rolls arrive from the manufacturing facility and are unloaded. These semis then leave this facility empty. Later, the unloaded rolls are separated and loaded onto local semi- trucks to be delivered to retail facilities throughout the metro area. Currently, there is not enough area to allow for staging of empty local 53 -foot trailers. a) The first area is to the southeast corner of the Shaw Industries building at 1090 Gemini Road. The proposed plan coverts the grassy area to an asphalt parking pad for 12 semi - trailers. Shaw Industries currently parks these 53 -foot trailers throughout Eagan at various locations. It desires to consolidate these truck trailers at 1090 Gemini Road, but does not have the asphalt parking space to do so at this time. The proposed parking area will be of asphalt. Please see the attached plans for the exact configuration of the semi- trailer parking that is proposed. The current property is well landscaped, la- b) The second proposed asphalt area is at the east side of the property and it will create two parking stalls for semis at the Shaw Industries building. This area is currently grass and new asphalt would be installed as outlined on the attached plan. If you have any questions regarding this information, please feel free to call me at 952- 893 -8873. Sincerely, ,j V( S��— Thomas M. Smith, CCM Vice President Cushman & Wakefield I NorthMarq tom.smith@cushwal<enm.com C: Katie Trevena Jason Meyer q3 Agenda Information Memo July 2, 2013, Eagan City Council Meeting B. COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING, PRELIMINARY PLANNED DEVELOPMENT AND PRELIMINARY SUBDIVISION — EAGAN POINTE SENIOR LIVING (EAGAN POINTE SENIOR LIVING) ACTIONS TO BE CONSIDERED: To implement a Comprehensive Guide Plan Land Use Amendment (OR direct preparation of findings of fact for denial) to change the land use designation from MD, Medium Density to HD, High Density, upon approximately 10 acres located at 4232 Blackhawk Road. To approve (OR direct preparation of findings of fact for denial for) a Rezoning from R -3, Residential Townhouse, to PD, Planned Development, upon approximately 10 acres located 4232 Blackhawk Road. To approve (OR direct preparation of findings of fact for denial for) a Preliminary Planned Development to construct a 151 unit 4 -story senior housing project upon approximately 10 acres located 4232 Blackhawk Road, subject to the conditions listed in the APC minutes. To approve (OR direct preparation of findings of fact for denial for) a Preliminary Subdivision of approximately 10 acres located 4232 Blackhawk Road. REQUIRED VOTE FOR APPROVAL: Comprehensive Guide Plan Amendment — At least three votes Rezoning — At least three votes Preliminary Planned Development — Majority of Councilmembers present Preliminary Subdivision — Majority of Councilmembers present FACTS: Comprehensive Guide Plan Amendment: i The proposed land use amendment would change the designation of the subject site to HD, High Density, allowing for a senior housing development. On April 23, 2013, the Advisory Planning Commission (APC) held a Public Hearing to consider the proposed Comprehensive Guide Plan Amendment. On May 7, 2013, the City Council directed the Comprehensive Guide Plan Amendment to be sent to the Metropolitan Council for review. i The Metropolitan Council approved the proposed Comp Plan Amendment on June 26, 2013, allowing the City to implement the land use amendment. Rezoning and Preliminary Planned Development: ➢ The site consists of six unplatted parcels. Two homes exist on the property, both built in the 1960's. qiA i The proposed development consists of a four story building with a total of 151 units on the eastern lot. i The development density is 22.6 units per acre. i 64 surface and 68 underground parking stalls are proposed for a total of 132 stalls i The proposed multi- family use is similar to adjacent developments to the south and west which are also multi- family residential. ➢ The site is generally open with large areas of mature trees and elevations ranging from approximately 953 to 905. ➢ The City has entered into a purchase agreement for the western 4.3 acres for purposes of land banking for a future fire station. ➢ Deviations from typical City Code standards include the following, which can be accommodated through the proposed PD zoning: • Exceeding density allowed under R -4 zoning • Building setback less than additional required due to building height • Storage space less than that required • Recreation area less than that required • Parking stalls with a 9 -foot width • Parking of less than two stalls per unit • Off -site signage The acceptability of the PD with deviations to typical City Code standards is a policy matter to be determined by City officials. ➢ The APC held a Public Hearing on June 25, 2013 and is recommending approval. ➢ The APC stated the deviations were reasonable given the nature of the proposed use and design of the building and site. Preliminary Subdivision: ➢ The applicant is requesting approval of a subdivision to create two lots which meet the subdivision requirements. ➢ The access for the new lots is from Blackhawk Rd. via a new public street, Holden Path. The APC held a Public Hearing on June 25, 2013 and is recommending approval. ISSUES: The following conditions should be added to the Preliminary Subdivision approval: ➢ The right -of -way easement over Lot 1 shall be removed from the preliminary plat. The right -of -way, drainage and utility easement over Lot 1 shall be conveyed by separate easement document, in a form acceptable to the City Attorney. 60 DAY AGENCY ACTION DEADLINE: July 14, 2013 ATTACHMENTS: (3) Location map on page �(Q Draft June 25, 2013 APC, minutes on pages 'I I through Staff report on pages Kthrough k aQ q S I �(y ®�tllrs�: _— - -- ®��, ®fir �® ■�® 5��,� �o -� _ o��i ►� e��i:■■ � ■ • • ��I�iiiii i�iiiiiiii 7 ® ®�® ■■i■■■� H Rtl CIi . ®O ®■■i . ■® ■ ■ ■■ e ■ ®11® ■ ® ■ ® ® ®�® ®� ® ® ® ®e of ■ ■ ® ® ■■■■ ®� ® ® ® ® ® ®® ®® in ® ® ®o ®® ® ®. ��► o ® ■q ®. ® ®� , nu pig = : �� < /eop��,trr3r ��i� ••:• a 00 . ®� ® ® ®�� suet' ��`t ♦. oo , •, +�6i As � ® ® ® ®® .• ® ® ® \�� ®off. .e�° �tl� ��II/ p, :,,��,,. �° :111 ® i► ■,is I'll II ®® •� ® ®® �� ®��• � ®♦ �L • � ® ■® ® ®8 � 1111 \!�• s PIP .... EW ®• 0 ®/1 ®1!11111 "� ® =... � ®�/ � �® �� IBM ,��,� �.�� ®� � ® ®®�� .a,.��. X00 • � • �':. �! ® ®�� 1'�r Lone Oak RA„� , .J• / 1 Yankee Ooo\ Ra ouneyRa I .• 'Nlap'A ea�z�en�" '..'' Advisory Planning Commission June 25, 2013 Page 5 of 13 C. Eagan Pointe Senior Living Applicant Name: Eagan Pointe Senior Living Location: 4232 Blackhawk Rd Application: Rezoning A Rezoning from R -3, Residential Townhouse to PD, Planned Development File Number: 29- RZ- 04 -05 -13 Application: Preliminary Planned Development A Preliminary Planned Development to allow 4 story, 151 unit senitf housing development File Number: 29- PD- 03 -05 -13 Application: Preliminary Subdivision A Preliminary Subdivision to create 2 lots File Number: 29- PS- 03 -05 -13 Planner Thomas introduced this item and highlighted #0 report dated June 20, 2013. Member Supina asked whether the new p � tic street will street. He also asked about the proposed '� tI breakdow street will be located in an access easemeHh. that €Ihnot referenced page 4 of the staff report for the tin „,it bre Member Filipi asked if there access point near the &-ess r I in all stages and ha . Member Vanderpoel She asked i NO -- height a, Ul s� City IN & r Ridley stated ”" a plus fo: thetics, visibi t-, additional lad aping to red the site. John Myhre, Eagan1%,- rtual e however the building e 20 - 22 feet below Difflei Road. presented iQ the City Staff ere"a third lot south of the new n. Cit =- n r Ridley stated the new create a parcel. He also - f concern M `` the Fire QWpartment on the one and only ;ility. Ride tated the Fire Department has been involved mcern. rf(�foi'bs, he height 6 the structure for people across the street. to s a seasons they cannot modify the site plan for additio. height, in this location adjacent to I -35E, is considered and tc� aximize the use of the space. He also discussed the Ile. noise from the highway and to improve overall aesthetics of or Living, stated the exact topographic elevations are unknown, on the lower portion of the property, and the first floor is roughly Member Piper inquired about the differences between the level of care for memory care, assisted living and independent living facilities. He also inquired about the amount of recreational and storage space. Kelly Meyers, Operations Southview Senior Living, stated the memory care facility has the highest level of care and functions separately from the assisted living and independent living areas. She explained that memory care and assisted living residents have a far less need for space; usually only needed items are brought to the facility. She discussed onsite storage III Advisory Planning Commission June 25, 2013 Page 6 of 13 facilities and explained that existing facilities have found to have an excess of storage space. George Johnson, Architect, discussed the walking path and the need for a separate small secured outdoor area for the memory care residents. Mr. Myhre stated the Lilydale development is similar to what is being proposed and tours can be arranged. Member Vanderpoel asked how long the walking path is. She stated concern for the amount of space needed for the independent residents and asked if the path will pensate for the lack of recreational use. Mr. Johnson stated there is a substantial amount of level gree k d the walkway is several hundred linear feet, more than 4,000 square feet of req�eatio ace if the lawn area and pathway are included. Ms. Meyers explained the indoor activity space and ' rcise areas. {f Member Sagstetter inquired about decks. Mr. J hase spon ti that decks are incorporated into the assisted living and independent living facilities. ,x Member Dugan stated he is acquainted w_ 4 the applicant an < e lained that there has been no NO discussion of the application, therefore hi t 1 abstain from g o the item. Member Dugan inquired about space for dry off as p of reAdents. Ms. Meyers stated there ism e!ed pickup d rop off a She stated pick up in the under �f, ground garage canals r Chair Heaney operied _tTWublic hjAring. There being rl g com discussion -- -... ' to{ r r the public hearing and turned the MerrSupina stated h iik. s the LrlfOle facility; he also made a point about the setback deviatio Ming to the en the buWiing not an entire expanse; he also stated that based on the unit br . `: o_ wn, the pro py d parking will be more than adequate. Finally, he inquired about the dri into the p king garage. He stated signage should be installed to warn motorists that the IT P only, f F vides entrance to the underground garage. Member Filipi complirnd the applicant on providing the three forms of care in the same facility. Member Dugan stated his belief that the density is appropriate for the site and stated that this life -cycle housing will provide a benefit to the community. Member Filipi moved, Member Piper seconded a motion to recommend approval of a Rezoning from R -3, Residential Townhouse, to PD, Planned Development, upon approximately 10 acres located at 4232 Blackhawk Road, south of Diffley Road between Blackhawk Road and 1 -35E. All voted in favor. Motion carried 7 -0. rr� Advisory Planning Commission June 25, 2013 Page 7 of 13 Member Piper moved, Member Vanderpoel seconded a motion to recommend approval of a Preliminary Planned Development to construct a 151 unit four story senior housing project upon approximately 10 acres located at 4232 Blackhawk Road, south of Diffley Road between Blackhawk Road and 1 -35E, subject to the following conditions: 1. The following plans shall be revised and submitted prior to Final Subdivision and Final Planned Development approval. • Final Site Plan Final Building Elevation Plans Final Landscape Plan Final Site Lighting Plan 2. This Preliminary Planned Development shall have a term of (5 ars. 3. The property shall be platted. 4. The applicant shall submit a proposal /infrastructure t be app by staff to provide telecommunications fiber to the senior facility (F� ) o conduit to t i e to permit third party providers to install FTTH within the devel ent. 5. The garage doors shall be painted to match thlding exeior. f 6. The data key on the Site Plan shall be revised to , = atel fi ct the setbac ; information. 7. All mechanical equipment shall be screened in ac co c with the provisions of the City's zoning code. 8. The monument sign shall be subject��ity Sign Code stad Ards. The applicant shall enter into a Sign Agreement in a form accepts Ipftothe City Attorne f f 9. The Lighting Plan shall be revised to ho�I&% -: pliance with`V 0.5 footcandle minimum within the parking areas, and the 4:1 aver ge /mi atio. Tie plan shall also identify the height of the poles, include the base and or ate 1r o the trail, memory garden and terraced common are IWW 41 10. The Landscape P shall vised to eAtablish buffers between the building and public rights -of -way, e�; � : I ly alon ffley Road aid 1 -3�5E. The revisions to the Landscape Plan shall also be shown u� e co ined Landsca nd Tree Mitigation Plan. 11. The Landscape Plan s z n efie c " at the shrubs will be 3 feet in height at time of planting WE ft 12. The applicant shat bmit ised Tree itigation Plan that provides complete fulfillment of ; -e Mitigation r� emen# o h the installation of an additional ninety -seven (97) y B trees (or a 4 quivaI • mber of Category A, B, or C trees) or through a cash dedic il n of $29,100 as fillme of Tree Preservation requirements. 13. The futu cteveloper of', 1 shall be responsible for the tree mitigation of 154 significant trees (84 1� the total). 14. The applican all prot t the preserved individual tree's critical root zones through the placement of ree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene la r` safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Z`o'ne, whichever is greater, of significant trees /woodlands to be preserved on -site. 15. The applicant shall contact the City Forestry Division and set up a pre- construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 16. The Development shall be responsible for a cash Park Dedication of $485,012 collected with the Final Plat. ,q C� Advisory Planning Commission June 25, 2013 Page 8 of 13 17. The Development shall be responsible for the construction of 885 feet of "public trail ", consistent with the development plans and City specifications, for which a credit of $26,550 shall be applied towards the $37,750 Trail Dedication due. 18. The balance of the Trail Dedication shall be satisfied with a cash payment of $10,450 collected with the Final Plat. 19. Park and Trail Dedication due for the development of the second lot shall be independent of this Development and will be determined during the development review process for that lot. 20. 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 Akthe City Engineer in designing stormwater pollution prevention plans. Also, all pe sonnes responsible for the installation of erosion /sediment control devices, and the establishment of vegetation for the development, shall have received Erosion /Sediment Co trod ctor /Installer certification through the University of Minnesota, or approved equal - ining _` determined by the City Engineer. r 21. Developed conditions (grading, private utilities, la �a In g, etc.) shafIl w a minimum of 15- foot -wide unobstructed equipment access..'. thl from street -edge all stormwater facilities, at a maximum slope of 15% on Lo, 1I he un -structed equi aecess path shall be capable of supporting typical maintena lexcav equipment, f8 &cess to all ponds and infiltration basins, including unobstructe nave equipmentaccess to inlet and outlet areas. 22. The pedestrian facility along the Blo awk Road and x ew public street (Holden Trail) shall be constructed with bituminous a ent and be a u - of 8 feet in width. If a cash dedication is provided for the tr I B ackhawk R, he trail grading shall be performed along with the development, . 23. This development shall dedicate public dr ina� easements over all public sanitary sewer, water main, a ATI, in sewer pipes% minimu x dth of 20 feet. 24. A ten -foot wide ma ran- nch above It a Normal Nater Level (NWL) on all ponds in Lot 1, with a slo - o steep �han ten feet iorizontal to one foot vertical (10:1), shall be provided as dir cte xy the C x and shall be s`u: dient to access all pond inlets and outlets with typical excavatiore - ip . 25. The exist' on sf all cording to all regulatory agency requirements and we l se ds pr . d to the y. 26. The pplicant s �Ily Minn. Rules Ch. 8420 (Wetland Conservation Act re� ments) and Ci de §1 (Wetlands Protection and Management Regulations). 27. fie " cant shall full eet E n's Post Construction Requirements (City Code §4.33) for stor; ter manage _ t 0.e pollutant, rate, and volume control) and surface water quality. 28. The applica II provi ' construction details of proposed infiltration basins for City review (cross - section, st = ion /protection /sequen.cing notes, sizing /volume tables, planting details, etc.), to re infiltration basins are properly designed and constructed, and adequately protected during /after construction, to function as intended. These details shall be included in applicable plan sheet(s). 29. The applicant shall provide adequate pre- treatment (catch -basin sumps and /or forebays) to provide for capture and easily - accessible cleanout of fine -sand sized particles for all ponds and infiltration basins that receive direct impervious runoff. 30. The applicant shall provide the City with soil- boring log(s) (extending 15' min. below bottom of over - excavation) within the location of each proposed infiltration basin. If the soil- boring log indicates incompatibility of soil permeability with the submitted and reviewed design plans, the applicant shall revise the design and /or construction plans to ensure 4.33 requirements for volume control are met. Advisory Planning Commission June 25, 2013 Page 9 of 13 31. Prior to receiving a grading or building permit, the applicant shall enter into a long -term stormwater facility inspection and maintenance agreement, in a form acceptable to the City Attorney. 32. Immediately upon completion of fine - grading, the applicant shall provide the City as -built plans that demonstrate constructed stormwater facilities conform to design and /or construction plans, as approved by the City. As -built volumes of retention & detention shall be provided for all stormwater facilities. All voted in favor. Motion carried 7 -0. Member Filipi moved, Member Piper seconded a motion to recomr,#ffid approval of a Preliminary Subdivision (Eagan Pointe Senior Living) to create f is upon approximately 10 acres located at 4232 Blackhawk Road, south of Diffley Road k3ef Blackhawk Road and I- 35E, subject to the following conditions :_:,t 1. The applicant shall comply with these standardso"nditiins of plat apprav_ I as adopted by Council on February 2, 1993: Al, B1, B2, B3, B�C1, C2,.C37 C4, E1, 2. The property shall be platted. , 3. The following plans shall be revised and sub ft prio ` Final Subdivision and Final Planned Development approval. • Final Site Plan • Final Building Elevation Plans • Final Landscape Planf "fix "...F • Final Site Lighting Plan �x 4. The Preliminary Planned Development s�` II hav�`��xofiv�e(5) years. 5. The applicant shall subnit;a proposal /m►str c #ure ptatoYbe approved by staff to provide telecommunicationsffr� -te senior fa 1fy (FTTH)iconduit to the site to permit third party providers t tall Fl`'(`j I with n the 616%lopment. 6. The garage duo s shall be pa ed to match tbb building exterior. 7. The data key on the "ite Pla .' of all be revised Taccurately reflect the setback information. 8. All mechanical equip .% _ r : a -re ne -i Paccordance with the provisions of the City's zoning 9. The.., numen all b ect to City Sign Code standards. The applicant shall enter i ti a Sign Agreem a fo ptable to the City Attorney. 10* + " hting Plan sh a revis . -. o show compliance with the 0.5 footcandle minimum within." . parking area nd th 4:1 average /minimum ratio. The plan shall also identify the he • f the pole nclude the base and incorporate lighting to the trail, memory garden an : aced co on areas. 11. The Landsc .., Ian I be revised to establish buffers between the building and public rights -of -way, es N,. along Diffley Road and 1 -35E. The revisions to the landscape plan shall also be sho : on the combined landscape and tree mitigation plan. 12. The Landscape Plan shall be revised to reflect that the shrubs will be 3 feet in height at time of planting. 13. The applicant shall submit a revised Tree mitigation Plan that provides complete fulfillment of Tree Mitigation requirements through the installation of an additional ninety -seven (97) Category B trees (or an equivalent number of Category A, B, or C trees) or through a cash dedication of $29,100 as fulfillment of Tree Preservation requirements. 14. The future developer of Lot 1 shall be responsible for the tree mitigation of 154 significant trees (84.6% of the total). E Advisory Planning Commission June 25, 2013 Page 10 of 13 15. The applicant shall protect the preserved individual tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees /woodlands to be preserved on -site. 16. The applicant shall contact the City Forestry Division and set up a pre- construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 17. The Development shall be responsible for a cash Park Dedica x of $485,012 collected with the Final Plat. 18. The Development shall be responsible for the constructioraof 885 feet of "public trail ", consistent with the development plans and City specifica -,which a credit of $26,550 shall be applied towards the $37,750 Trail Dedication d k 19. The balance of the Trail Dedication shall be sates fe th a c payment of $10,450 collected with the Final Plat. �t 20. Park and Trail Dedication due for the development of the second lot shat a independent of this Development and will be determined d}u!ing the dek9lopment revieviy x ss for that lot. Rh 21. All erosion /sediment control plans submitted for ceetom stand grading ermits shall be prepared by a designer who has received current M =rota Department of Transportation (MNDOT) training, or approved e I training as d ; fined by the City Engineer in designing stormwater pollution pre e.- Ift plans. Also, personnel responsible for the installation of erosion /sediment control dev� and the establi�sl ment of vegetation for the development, shall have received Eros' n /Sa t:: `= # =Control il�spector/Installer certification through the University of Minnesota, or pro d h .aMing as determined by the City Engineer. 22. Developed conditi gra= n private utilit s, landsc 'ping, etc.) shall allow a minimum of 15- foot -wide u .Q r ructed ipment acc s path, from street -edge to all stormwater facilities, at a a i : slop f 15% on Lot The unobstructed equipment access path shall be capable of s rte ; . ' r I mainte ce /excavation equipment, for access to all ponds a - e! * afi tionF.s, mcl da'i structed maintenance equipment access to inlet a 23 Th edestrian f. i,. =r along'`#_ & Slackhawk Road and the new public street (Holden Trail) e constructe r bitu ` } < <epavement and be a minimum of 8 feet in width. If a cash; s' ication is pro d fore trail along Blackhawk Road, the trail grading shall be perfor - along with th evelopment. 24. This dev ,_ ent shall edicate public drainage & utility easements over all public sanitary sewer, wat in, and. s`orm sewer pipes at a minimum width of 20 feet. 25. A ten -foot wi in nuance bench above the Normal Water Level (NWL) on all ponds in Lot 1, with a slo - steeper than ten feet horizontal to one foot vertical (10:1), shall be provided as direct by the City and shall be sufficient to access all pond inlets and outlets with typical excavation equipment. 26. The existing wells on site shall be sealed according to all regulatory agency requirements and well sealing records provided to the City. 27. The applicant shall fully meet Minn. Rules Ch. 8420 (Wetland Conservation Act requirements) and City Code §11.67 (Wetlands Protection and Management Regulations). 28. The applicant shall fully meet Eagan's Post Construction Requirements (City Code §4.33) for stormwater management (i.e. pollutant, rate, and volume control) and surface water quality. 156111111111 11 Advisory Planning Commission June 25, 2013 Page 11 of 13 29. The applicant shall provide construction details of proposed infiltration basins for City review (cross- section, construction /protection /sequencing notes, sizing /volume tables, planting details, etc.), to ensure infiltration basins are properly designed and constructed, and adequately protected during /after construction, to function as intended. These details shall be included in applicable plan sheet(s). 30. The applicant shall provide adequate pre- treatment (catch -basin sumps and /or forebays) to provide for capture and easily - accessible cleanout of fine -sand sized particles for all ponds and infiltration basins that receive direct impervious runoff. 31. The applicant shall provide the City with soil- boring log(s) (extending 15' min. below bottom of over - excavation) within the location of each proposed infiltratio basin. If the soil- boring log indicates incompatibility of soil permeability with the sub � e nd reviewed design plans, the applicant shall revise the design and /or construction plans to ensure 4.33 requirements for volume control are met. 32. Prior to receiving a grading or building permit, the ap < cant h Mwenter into a long -term stormwater facility inspection and maintenance agr a in a for`�_cceptable to the City Attorney. 33. Immediately upon completion of fine - grading, t applicant shall providf e City as -built plans that demonstrate constructed stor ; r facilities conform to esi n and /or construction plans, as approved by the City. As -> volu of retention &,x tention shall be provided for all stormwater facilities. ry All voted in favor. Motion carried 7 -0. UVOW PLANNING REPORT CITY OF EAGAN REPORT DATE: June 20, 2013 APPLICANT: Eagan Pointe Senior Living REQUEST: Rezoning, Preliminary Planned Development; Prelim. Subdivision LOCATION: 4232 Blackhawk Road CASE: 29- RZ- 04 -05 -13 29- PD- 03 -05 -13 29- PS- 03 -05 -13 HEARING DATE: June 25, 2013 APPLICATION DATE: May 15, 2013 PREPARED BY: Sarah Thomas COMPREHENSIVE PLAN: MD, Medium Density ZONING: R -3, Residential Townhouse SUMMARY OF REQUEST Eagan Pointe Senior Living is proposing a Rezoning from R -3, Residential Townhouse, to PD, Planned Development and a Preliminary Planned Development to construct a 151 unit four - story senior housing project upon approximately 10 acres located at 4232 Blackhawk Road, south of Diffley Road between Blackhawk Road and I -35E. The proposal includes a request for Preliminary Subdivision (Eagan Pointe Senior Living) to create 2 lots upon approximately 10 acres located at 4232 Blackhawk Road, south of Diffley Road between Blackhawk Road and I -35E. AUTHORITY FOR REVIEW Rezoning: City Code Chapter 11, Section 11.50, Subd. 5 states in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the regulations of any district may only be made by an affirmative vote of two - thirds of all members of the council. 2. The City Council shall not rezone any land or area in any zoning district or make any other proposed amendment to the zoning ordinance without first having referred it to the planning commission for its consideration and recommendation. Planned Development: City Code Chapter 11.60, Subd. 18, A., states the intent of the Planned Development zoning district as follows: 1. Providing greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. IN Planning Report — Eagan Pointe Senior Living June 25, 2013 Paee 2 2. Recognizing the economic and cultural advantages that will accrue to the residents of a planned community. 3. Encouraging a more creative and efficient approach to the use of the land. 4. Encouraging the preservation and enhancement of desirable site characteristics, natural features, and open space. 5. Encouraging a development pattern that is consistent with land use density, transportation facilities and community facilities objectives of the Comprehensive Plan. 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). rols Planning Report — Eagan Pointe Senior Living June 25, 2013 Page 3 J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan ". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND/HISTORY There are six unplatted parcels that make up the subject site. Two homes exist on the property, both built in the 1960's. All of the parcels are zoned R -3; however, the applicant proposes to rezone the parcels to PD and construct a 151 unit, four story senior housing development. The land use designation in the City's Comprehensive Guide Plan is MD (Medium Density); however, the applicant has applied to amend the Comprehensive Land Use Plan to HD (High Density). The Advisory Planning Commission held a public hearing on April 23, 2013 and recommended approval of the Comprehensive Plan Amendment. The City Council directed city staff to submit the Comprehensive Plan Amendment to the Metropolitan Council on May 7, 2013. City staff is awaiting a response from the Metropolitan Council which is expected around June 26, 2013. Following Metropolitan Council review, the City Council could then implement the requested Comprehensive Plan Amendment. The proposed use would then be in accordance with the Comprehensive Land Use Plan. EXISTING CONDITIONS There are two existing homes and a number of out buildings on the site. One of the six parcels that make up this request is a narrow 1.86 acre parcel that is adjacent to County Road 30 that is in tax forfeiture. As such, it is owned by the State of Minnesota and controlled by Dakota County. The Holden's have reached an agreement with Dakota County on the purchase of that parcel. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: OLO Planning Report — Eagan Pointe Senior Living June 25, 2013 Paae 4 EVALUATION OF .REQUEST Description of Proposal — The proposal consists of two lots. The applicant proposes construction of a four story building with a total of 151 units on the eastern lot. According to the applicant's narrative the project will consist of 48 memory care units, 43 assisted living units and 60 independent living units. The building project will also have 68 underground parking stalls and on -site amenities such as a fitness center, beauty shop, cafe, movie theater, card room and billiards room. The narrative further provides background information on the applicant. The City has entered into a purchase agreement for the western 4.3 acres for purposes of land banking for a future fire station. The applicant is proposing access via one entrance from Blackhawk Road. The driveway will be located within a roadway easement across Lot 1, the western parcel. The senior site preserves an existing wooded area in the northeast corner of the property. Planned Development Zoning — The Planned Development zoning district allows the applicant to have greater flexibility in the design of the development and the City to require higher standards in exchange for that flexibility. Typically, specific minimum and maximum zoning standards do not strictly apply. However, the typical zoning district standards for R -4, multiple family, are used as a basis for comparison for those portions of the proposed Planned Development. Conforming Plan — The applicant provided a conforming plan with the proposal. The conforming plan has less green space and landscaped areas as more of the property is covered with impervious surfaces to meet parking requirements. Compatibility with Surrounding Area — The proposed multi - family residential development is similar to adjacent development to the south and west, which is also multi - family residential. Opportunity Cities — In 2010 and 2011, through a grant provided by the Urban Land Institute of Minnesota, the City has engaged with the Opportunity Cities team to evaluate housing trends to better anticipate and prepare for the community's future housing needs. That process has identified an aging demographic, aging housing stock, declining turnover due primarily to an increase in homeowners aging -in- place, and the increase in foreclosures. Through these trends, housing availability may be reduced which results in fewer opportunities to attract and retain a more balanced mix of households. Existing Use Zoning Land Use Designation North Diffley Road, Diffley Square shopping center NB, Neighborhood Business RC, Retail Commercial East I -35E N/A N/A South Multi- family attached R -4, Residential Multiple HD, High Density West Multi- family attached PD, Planned Development MD, Medium Density Residential EVALUATION OF .REQUEST Description of Proposal — The proposal consists of two lots. The applicant proposes construction of a four story building with a total of 151 units on the eastern lot. According to the applicant's narrative the project will consist of 48 memory care units, 43 assisted living units and 60 independent living units. The building project will also have 68 underground parking stalls and on -site amenities such as a fitness center, beauty shop, cafe, movie theater, card room and billiards room. The narrative further provides background information on the applicant. The City has entered into a purchase agreement for the western 4.3 acres for purposes of land banking for a future fire station. The applicant is proposing access via one entrance from Blackhawk Road. The driveway will be located within a roadway easement across Lot 1, the western parcel. The senior site preserves an existing wooded area in the northeast corner of the property. Planned Development Zoning — The Planned Development zoning district allows the applicant to have greater flexibility in the design of the development and the City to require higher standards in exchange for that flexibility. Typically, specific minimum and maximum zoning standards do not strictly apply. However, the typical zoning district standards for R -4, multiple family, are used as a basis for comparison for those portions of the proposed Planned Development. Conforming Plan — The applicant provided a conforming plan with the proposal. The conforming plan has less green space and landscaped areas as more of the property is covered with impervious surfaces to meet parking requirements. Compatibility with Surrounding Area — The proposed multi - family residential development is similar to adjacent development to the south and west, which is also multi - family residential. Opportunity Cities — In 2010 and 2011, through a grant provided by the Urban Land Institute of Minnesota, the City has engaged with the Opportunity Cities team to evaluate housing trends to better anticipate and prepare for the community's future housing needs. That process has identified an aging demographic, aging housing stock, declining turnover due primarily to an increase in homeowners aging -in- place, and the increase in foreclosures. Through these trends, housing availability may be reduced which results in fewer opportunities to attract and retain a more balanced mix of households. Planning Report — Eagan Pointe Senior Living June 25, 2013 Page 5 As part of the Opportunity Cities Program, the City Council has expressed interest in further exploring possible sites for additional senior housing, opportunities and programs for housing rehabilitation, and possibilities for allowing accessory dwelling units. Telecommunications — The City of Eagan created the Eagan Technology Task Force in February 2004. This group was charged with researching and providing recommendations relative to broadband and fiber optic telecommunications networks within the community. The Task Force created a report that was presented to the Eagan City Council in December 2004. Part of the Policy Framework states: The City should establish and maintain an environment to encourage and provide state of the art and diverse telecommunications infrastructures to assist in the recruitment and retention of residents, organizations and businesses of all sizes. Recognizing that telecommunications is central to economic development and quality of life, the City needs to maintain an ongoing effort to ensure that Eagan stays competitive in this important area. Due to the proposed ground up redevelopment of this site, the applicant has an opportunity to introduce these technologies in its development plans so that it is consistent with the Policy Framework statement above. Term of Planned Development — Staff suggests that this planned development have a term of five (5) years. Density — To evaluate the developer's proposal, density is first calculated by what is proposed (the number of units divided by the gross /net site areas), then compared against what is required or allowed in the comparable R -4 zoning district. Proposed — The applicant is proposing 151 units on a gross site area of 6.68 acres, resulting in a gross density of 22.6 units per acre. Required — R -4 zoning requires a minimum site area of 2,750 sq. ft. of area per unit. The City Code allows a credit of 300 sq. ft. per unit for each unit served by underground garage stalls. With 151 units and 68 underground garage stalls, the required site area would be 9 acres (the equivalent of 17 units per acre). The site area is less than 9 acres and the proposed density exceeds 17 units per acre and thus, deviates from typical R -4 zoning standards. Please note the density of these existing senior facilities for comparative purposes: ➢ Gramercy (Independent Senior Living) provides 14 units per acre ➢ Marice Manor (Assisted Living) provides 35 units per acre ➢ Keystone (Assisted Living) provides 56 units per acre Both Gramercy and Marice received approval of a Conditional Use Permit to allow the facilities as retirement homes in the Limited Business zoning districts. Keystone is located in the Cedar Grove District which permits density flexibility. E Planning Report — Eagan Pointe Senior Living June 25, 2013 Page 6 Lots — The proposed Preliminary Subdivision consists of two lots. Lot 1, 4.35 acres, is not proposed for development at this time. The City has entered into a Purchase Agreement with the applicant for the purposes of land banking for a future fire station. Lot 2, 6.68 acres, is proposed for the Senior Housing facility. Performance Standards — For the purpose of discussion, this proposal is reviewed under the R -4 (Residential Multiple) zoning district minimum and maximum standards. Building Coverage — The R -4 zoning district allows for a maximum of 20 percent building coverage. The applicant proposes a maximum of 16 percent coverage. Setbacks — The proposal exceeds setback requirements including the 50 foot setback requirement from both Diffley Road and I -35E; however, it falls short in the additional setback required due to building height as explained below. Building Height — Building height is measured from the average grade to the midpoint of a pitched roof. The method of measurement for underground garages is similar. City Code allows a maximum building height of 35 feet with allowance to 60 feet with additional setbacks of 3 feet for each one foot of height over 35 feet. The elevations depict the height of the building is approximately 56 feet, requiring an additional 63 foot setback. As depicted above, the proposal does not meet the additional set back requirements. This deviation can be accommodated via the Planned Development zoning. The data key on the Site Plan should be revised to accurately reflect the setback information. Building Elevations /Architecture — The building is proposed to be constructed of brick (31 %), a class I material and veneer stone (69 %), a class II material. City Code requires all exterior vertical surfaces to be treated as a front and have an equally attractive or same fascia. The elevations meet this requirement. The colored elevations depict the garage door to be painted a color to match the building. Mechanical Equipment — All mechanical equipment should be screened in accordance with the provisions of the City's zoning code. IM Ordinance Additional Setback Required Proposed Front yard: Diffley Road 50 feet 113 feet 86 feet Front yard: I -35E 50 feet 113 feet 60 feet Side yard: west property line 30 feet 93 feet 95 feet Side yard: south property line 30 feet 93 feet 53 feet Building Height — Building height is measured from the average grade to the midpoint of a pitched roof. The method of measurement for underground garages is similar. City Code allows a maximum building height of 35 feet with allowance to 60 feet with additional setbacks of 3 feet for each one foot of height over 35 feet. The elevations depict the height of the building is approximately 56 feet, requiring an additional 63 foot setback. As depicted above, the proposal does not meet the additional set back requirements. This deviation can be accommodated via the Planned Development zoning. The data key on the Site Plan should be revised to accurately reflect the setback information. Building Elevations /Architecture — The building is proposed to be constructed of brick (31 %), a class I material and veneer stone (69 %), a class II material. City Code requires all exterior vertical surfaces to be treated as a front and have an equally attractive or same fascia. The elevations meet this requirement. The colored elevations depict the garage door to be painted a color to match the building. Mechanical Equipment — All mechanical equipment should be screened in accordance with the provisions of the City's zoning code. IM Planning Report — Eagan Pointe Senior Living June 25, 2013 Page 7 Recreation Area — City Code requires that on -site recreation space be provided in multiple - family developments. The Code requires 200 sq, ft. for each 1 bedroom or 2 bedroom unit, plus an additional 100 sq, ft. for each 3 bedroom unit. Using this formula based on 151 units, (ranging from studio — 2 bedroom) a total of 30,200 sq, ft. is required. This area must be a minimum of 100 feet from the ponding area which is located on the east side of the property. The applicant has identified both a memory garden and terrace with a pergola on the Site Plan, although the terrace is within 100 feet of the pond. The total area is approximately 3,600 sq. ft. City Policymakers should determine if the proposed recreation space is reasonable given the senior nature of the proposed development. Further, this deviation can be accommodated via the Planned Development zoning. Storage Space — City Code requires 150 cubic feet of storage space per unit, in addition to the closet and storage area within the unit, which equates to 22,650 sq. ft. The garage floor plan identifies 3,669 sq. ft. of tenant storage space available. City Policymakers should determine if the proposed storage space is reasonable given the senior nature of the proposed development. Further, this deviation can be accommodated via the Planned Development zoning. Trash Storage — Trash storage is proposed inside the building on the first floor plan, between the kitchen and dining room. Parking — The City Code requires two parking stalls for each multi - family dwelling unit (at least one covered or underground), with no separate specified parking standard for senior housing facilities. The applicant proposes 64 surface parking stalls and 68 underground parking stalls for a total of 132 parking stalls for 151 units, a ratio of 0.87 to 1. This ratio is similar to other developments in Eagan such as Clare Bridge and Marice Manor. For comparative purposes: ➢ Clare Bridge — Alzheimer's & Dementia Care Community (1997) provides .5 stalls per unit (with proof of parking to total .88 stalls per unit) ➢ Marice Manor (1997) provides 0.74 stalls per unit (with proof of parking to total just under one stall per unit) ➢ O'Leary (1997) provides 1.16 stalls per unit ➢ Oakwoods Phase I (1991) provides 1.7 stalls per unit ➢ Keystone (2003) provides 0.87 stalls per unit ➢ Oakwoods Phase II (2007) provides 1.1 stalls per unit The stalls are proposed to be 9 feet wide which is a deviation from the 10 foot width requirement in the City Code; however, there is little daily turnover anticipated with the stalls provided. This deviation can be accommodated via the Planned Development zoning. Signage — The applicant proposes a shared monument sign located south of the new roadway, adjacent to Blackhawk Road. The monument sign will be subject to City Sign Code standards. Such signs cannot be placed within public right -of -way and must be set back a minimum of 10 feet from all property and dividing lines. While the sign is located on Lot 1, the Planned •i Planning Report — Eagan Pointe Senior Living June 25, 2013 Paee 8 Development can allow the off -site, shared monument sign. The applicant should enter into a Sign Agreement in a form acceptable to the City Attorney, Site Li_ hgting — Site lighting is required for site security, safety and traffic circulation. Minimum light levels of 0.5 footcandles should be provided in all parking lot areas. Light levels should not exceed 1 footcandle at the property line. In addition, site lighting should comply with the Illuminating Engineering Society of North America (2003) manual which suggests an average - to- minimum uniformity ratio not greater than 4:1. All fixtures should be downcast and shielded to prevent glare. The submitted photometric Lighting Plan is unacceptable as submitted. The applicant should submit a revised Lighting Plan to show compliance with the 0.5 footcandle minimum within the parking areas, and the 4:1 average /minimum ratio. The plan should also identify the height of the poles, including the base. Also, staff suggests some level of lighting be added to the trail, memory garden and terraced common areas. The Lighting Plan does identify the fixtures to be shoebox style with full cutoff /dark sky - compliant lights with no light trespass. Light levels do not exceed 1 footcandle at the property line. Topography /Grading — The site is generally open with large areas of mature trees. The highpoint on the property is the middle of the site; half of the property slopes to the east and the other half to the west. Elevations range from approximately 953 to 905. The preliminary grading plan is acceptable with modifications. A detailed grading, drainage, erosion, and sediment control plan should be prepared in accordance with current City standards and codes prior to final subdivision approval. Developed conditions (grading, private utilities, landscaping, etc.) should allow a minimum of 15- foot -wide unobstructed equipment access path, from street -edge to all stormwater facilities, at a maximum slope of 15% on Lot 1. The unobstructed equipment access path should be capable of supporting typical maintenance /excavation equipment, for access to all ponds and infiltration basins, including unobstructed maintenance equipment access to inlet and outlet areas. 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 construction and management of erosion/sediment control devices, and the establishment of vegetation for the development, should have received Erosion/Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. Erosion control measures should be installed and maintained in accordance with City code and engineering standards. Wetlands — There is at least one wetland on the site (City Pond AP -51); therefore, the Minnesota Wetland Conservation Act Rules (Minn. Rules Ch. 8420) and Eagan's wetland protection and management regulations (City Code § 11.67) apply to this development proposal. Planning Report — Eagan Pointe Senior Living June 25, 2013 Page 9 Accordingly, a Certified Wetland Delineator must delineate the wetlands boundaries on the property, and the delineation report must include data from a Minnesota Routine Assessment Method in order for the City to classify the wetland for appropriate management purposes. The applicant should meet all Minn. Rules Ch. 8420 and City Code § 11.67 requirements prior to final subdivision. Stormwater Management /Water Quality — The preliminary storm drainage plan is acceptable with modifications. The entire site lies within Drainage District A (as designated in the City Storm Water Management Plan — 2007). The applicant proposes to incorporate approximately 154,455 sq. ft. of impervious surface to the site, resulting in impervious coverage of approximately 32 % of the approximately 482,209 sq. ft. site. Runoff from this site flows to City Pond AP -51, which is in the Cedar Pond watershed. This development will need to comply with the City's Post Construction Requirements (City Code §4.33) for stormwater management and surface water quality, including Runoff Rate Control, Total Phosphorus (TP) & Total Suspended Solids (TSS) Control, and 1/2" Volume Control, as applied to the development's proposed impervious areas. The 11/2" Volume Control requirement for 154,455 square feet of new proposed impervious x %2" = 6,476 cubic feet of required retention. The applicant should fully meet Eagan's Post Construction Requirements (City Code §4.33) for stormwater management (i.e. pollutant, rate, and volume control) and surface water quality. The applicant currently proposes to meet City Code Section 4.33 requirements through the construction of three water quality ponds and two infiltration basins (with 19,069 cubic -feet of retention volume). Overflows are ultimately connected to AP -51, an existing wetland in the southwest corner of the site. The applicant should provide adequate pre- treatment (catch -basin sumps and /or forebays) to provide for capture and easily - accessible cleanout of fine -sand sized particles for all ponds and infiltration basins that receive direct impervious runoff. The applicant should provide construction details of proposed stormwater ponds and infiltration basins for City review (cross - section, construction /protection/sequencing notes, sizing /volume tables, planting details, etc.), to ensure they are properly designed and constructed, and adequately protected during /after construction, to function as intended. These details should be included in applicable plan sheet(s). Soil- boring log(s) (extending 15' min. below bottom of over - excavation) within the location of each proposed infiltration basin should also be provided. If the soil- boring log indicates incompatibility of soil permeability with the submitted and reviewed design plans, the applicant should revise the design and /or construction plans to ensure 4.33 requirements for volume control are met. Water quality modeling has been provided to demonstrate compliance with the no- net - increase over existing conditions requirement for Total Phosphorus (TP) & Total Suspended Solids (TSS) Control. Hydrologic modeling has been provided to demonstrate compliance with the no -net- increase over pre- development conditions requirements for runoff rate. q 1, Planning Report — Eagan Pointe Senior Living June 25, 2013 Paee 10 City staff has determined the current proposal meets City Code §4.33 Post - Construction Storm Water Requirements. Prior to receiving a grading or building permit, the applicant should enter into a long -term stormwater facility inspection and maintenance agreement, in a form acceptable to the City Attorney. Immediately upon completion of fine- grading, the applicant should provide the City as -built plans that demonstrate constructed stormwater facilities conform to design and /or construction plans, as approved by the City. As -built volumes of retention & detention should be provided for all stormwater facilities. Streets /Access /Transportation — Blackhawk Road, along the west edge of the site, is a 48 -foot wide undivided two lane roadway with shoulders, a bituminous trail in the west boulevard, and left and right turn lanes at Diffley Road (CSAH 30). The proposed development shows construction of a public street (Holden Path) with frill access onto Blackhawk Road at the southern end of the site. Diffley Road borders the northern edge of the site, however, no access to Diffley Road is proposed. Because the property is adjacent to a County road, the Dakota County Plat Commission will review the plat and county right -of -way needs with the Final Subdivision submittal. The preliminary Site Plan indicates trail segments adjacent to Blackhawk Road and the proposed new public street (Holden Path) to provide pedestrian access throughout the site and to the City trail system. The pedestrian facilities proposed within public right -of -way should be constructed with bituminous asphalt at a minimum of 8 feet in width. The trail along Holden Path should be constructed with the development. The trail along Blackhawk Road should either be constructed with the development or graded in accordance with City Engineering standards and a cash dedication provided for its future construction by the City. Easements /Permits /Right -of -Way — A roadway easement over this property currently exists for Blackhawk Road. The total public road right -of -way need for Blackhawk Road and the proposed adjacent trail is 100 feet in the non -turn lane area and 105 feet in the turn lane area. This will be adequate to provide an 8 foot boulevard, 8 foot bituminous trail and 1 foot clear zone to the property line. The Development of this property will be required to dedicate adequate public road right -of -way, with widths varying from approximately 50 to 59 feet from the centerline of Blackhawk Road, for a total of 100 to 105 of right -of -way. The developer should be responsible for acquiring all outside agency permits and approvals, including MN Department of Transportation (MnDOT), for any work within the I -35E right -of- way. The developer should be responsible for any conditions of MnDOT permit. Financial Obligation — Based upon a study by City staff of the financial obligations collected in the past and proposed use for the property, the following estimated charges will be collected at time of Final Plat or connection to the City's utility system. The final charges will be computed using the rates in effect at time of connection or platting. The estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final subdivision or plat, with due allowances for easements and right -of -way required with the plat: Planning Report — Eagan Pointe Senior Living June 25, 2013 Page 11 Improvement Use Rate Quantity Amount Sanitary Sewer Lateral PD $34.17/ ff 314 ff $10,729 Water Trunk PD $3,020/ ac 4.25 acres $12,835 Water Lateral PD $43.50/ ff 314 ff $13,659 Storm Sewer Trunk PD $0.196/ sf 144,902 sf $28,401 Storm Sewer Lateral PD $44.70/ ff 314 ff $14,036 Total $79,660 Landscaping — The Zoning Ordinance requires a Landscape Plan for multiple- residential developments. Landscaping is required to screen parking areas from public rights -of -way, and to provide a buffer between the development and public streets and adjacent properties. The Landscape Plan is required to "stand on its own" and any tree mitigation is intended to be above and beyond required landscaping /screening. As an objective measure, the City Code states that the cost of landscaping should comprise 3% of the building value. City staff has consistently focused on making sure the intended goals of the landscape requirements have been fulfilled. The preliminary Landscape Plan is unacceptable as submitted. Combined with the tree mitigation plan, the overall planting plan provides a fully landscaped site; however, independent of the mitigation plan, the proposed landscaping does not adequately buffer the site from Diffley Road or I -35E. City Code requires a planting screen of a mixture of overstory and understory coniferous plant materials to provide a visual screen at time of maturity for those properties adjacent to freeway right -of -way. The Landscape Plan does not provide any coniferous trees. Further, while the building meets the 50 ft. setback requirement it does not meet the additional setback requirements based upon the additional height of the structure. Additional landscaping may assist in noise mitigation especially where the building extends closest to County and MnDOT right -of -ways. The applicant should revise the Landscape Plan to establish screens and buffers between the development and the public rights -of -way, especially along Diffley Road and I -35E. As mentioned above, staff is less concerned about satisfying the 3 % benchmark than with fulfilling the screening and buffering intent of the landscape ordinance. Additionally, with the amount of tree mitigation required for this development and with more of the plant materials designated to fulfill landscaping requirements, fewer trees will be available for satisfying mitigation requirements on -site. Additionally, City Code requires shrubs to be a minimum of 3 feet in height at time of planting. The Landscape Plan should be revised to account for this requirement. Tree Preservation — The applicant has submitted a tree inventory plan that indicates there are 160 significant trees existing on site (Lot 2). According to plan submittal, significant tree removal will be 108 significant trees (67.5% of the total). Planning Report — Eagan Pointe Senior Living June 25, 2013 Paee 12 This development application's tree preservation has been reviewed based upon on a single -lot, single - phase, multiple -unit residential type of application. Per the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal is set at 30 %. As proposed, tree mitigation calculates to one - hundred fifty -four (154) Category B trees (or an equivalent combination of Category A and /or C trees). The applicant has submitted a Tree Mitigation Plan that proposes adding fifty -seven (57) category B trees as partial fulfillment of Tree Mitigation requirements. The combined Landscape and Tree Mitigation Plan should be revised as discussed in the landscape section of this report and subject to staff review and approval prior to final subdivision approval. The applicant is also removing the trees upon Lot 1 to create a "pad- ready" site for future development. The developer of Lot 1 will be responsible for tree mitigation. According to plan submittal, significant tree removal will be 154 significant trees (84.6% of the total). Parks and Recreation — With this subdivision, the development is responsible for park and trail dedication. Parks Background — The City has recognized that the preservation of land for parks, the provision of recreational amenities and the retention of open space is essential to maintaining a healthful and desirable environment for all citizens of the City. The City also recognizes that development is necessary to provide commercial, industrial and residential opportunities in the City. To this end the City has adopted a policy and procedures for determining what portion of a development shall be dedicated for parks and open space and /or the means available to satisfy the dedication requirement through the provision of recreational amenities or a cash payment in lieu of. Land dedications to satisfy the dedication requirements are generally requested when there is the opportunity to expand an existing parks space, create a park in an area identified as underserved or to protect a unique natural resource. It appears that none of these criteria are applicable with this phase of the Development thus it may be appropriate to consider a cash dedication to satisfy the Park dedication requirement. Fees collected for dedications are retained in a dedicated fund that can be used only for park improvement projects within the City and as approved by the City Council. Calculation Total individual units as proposed 151 2013 Per Unit Rate $3,212 Apartment /Multi Unit development Total Cash Dedication due $485,012 I�S Planning Report — Eagan Pointe Senior Living June 25, 2013 Page 13 Trails Background — The City has recognized that the provision of a City wide, non - motorized trail system has health, safety and transportation benefits for residents. The trail system is intended to provide links to commercial districts, schools, recreational facilities and points of interest throughout the City. Opportunities to link with the regionalized trail system are also developed when feasible. To this end the City has adopted a policy and procedures for collecting a Trail Dedication fee, or an equivalent area of land intended for a trail in lieu of a fee, during the development process. An additional option to satisfy the dedication requirement is a credit for the development of trails determined to have "public value" and that are consistent with the City trail plan. The credit is calculated upon a per lineal foot multiplier that includes current construction costs. Given the location of the Development a credit for the development of new trail sections may be appropriate. The credit cannot exceed the dedication due. There are two trail sections proposed with this development: • East of Blackhawk Road, connecting with the existing boulevard trail system. The total length = 532 feet. • Along the new public street accessing the Development site, connecting with the Blackhawk Road trail = 353 feet. Total =885' Calculation Total individual units as proposed 151 2013 Per unit trail dedication rate $250 Trail dedication due $37,750 Potential credit Public value trail length 885 Construction multiplier /lin ft $30 Total Trail Credit $26,550 Total Cash Trail Dedication due $10,450 The Advisory Parks Commission has recommended items 1 thru 14 as presented by staff (see attached exhibit) and added for the developer to research a possible trail connection to Diffley Rd. ffal Planning Report — Eagan Pointe Senior Living June 25, 2013 Page 14 SUMMARY /CONCLUSION The applicant is requesting approval of a Preliminary Subdivision, Preliminary Planned Development and Rezoning of approximately 10 acres located south of Diffley Road between Blackhawk Road and I -35E to construct a 151 -unit senior living facility. The applicant has also requested approval of a Comprehensive Guide Plan Amendment which has been submitted to the Metropolitan Council as directed by the City Council. The proposed rezoning appears compatible with the surrounding development. The proposed Planned Development includes deviations from City Code requirements, such as: • Exceeding density allowed under R -4 zoning • Building setback less than additional required due to building height • Storage space less than that required • Recreation area less than that required • Parking stalls of a 9 -foot width • Parking of less than two stalls per unit • Off -site signage Deviations from typical City Code requirements can be accommodated through the proposed PD zoning. The acceptability of the Planned Development Amendment with deviations to typical City Code standards is a policy matter to be determined by City officials. Compliance with the City's Tree Preservation ordinance as well as Water Quality will be confirmed at the time of Building Permit. Preliminary engineering plans (i.e. grading, drainage, utilities, etc.) appear acceptable and all engineering matters will be addressed with the building permit application for this project. The proposed development appears to satisfy city standards; however, the applicant should revise the Landscape Plan, Lighting Plan and comply with the Minnesota Wetland Conservation Act Rules (Minn. Rules Ch. 8420) and Eagan's wetland protection and management regulations (City Code § 11.67). ACTIONS TO BE CONSIDERED To recommend approval of a Rezoning from R -3, Residential Townhouse, to PD, Planned Development, upon approximately 10 acres located at 4232 Blackhawk Road, south of Diffley Road between Blackhawk Road and I -35E. To recommend approval of a Preliminary Planned Development to construct a 151 unit four story senior housing project upon approximately 10 acres located at 4232 Blackhawk Road, south of Diffley Road between Blackhawk Road and I -35E. If approved, the following conditions should apply: 1. The following plans shall be revised and submitted prior to Final Subdivision and Final Planned Development approval. q Planning Report — Eagan Pointe Senior Living June 25, 2013 Paize 15 • Final Site Plan • Final Building Elevation Plans • Final Landscape Plan • Final Site Lighting Plan 2. This Preliminary Planned Development shall have a term of five (5) years. 3. The property shall be platted. 4. The applicant shall submit a proposal /infrastructure plan to be approved by staff to provide telecommunications fiber to the senior facility (FTTH) or conduit to the site to permit third party providers to install FTTH within the development. 5. The garage doors shall be painted to match the building exterior. 6. The data key on the Site Plan shall be revised to accurately reflect the setback information. 7. All mechanical equipment shall be screened in accordance with the provisions of the City's zoning code. 8. The monument sign shall be subject to City Sign Code standards. The applicant shall enter into a Sign Agreement in a form acceptable to the City Attorney. 9. The Lighting Plan shall be revised to show compliance with the 0.5 footcandle minimum within the parking areas, and the 4:1 average /minimum ratio. The plan shall also identify the height of the poles, include the base and incorporate lighting to the trail, memory garden and terraced common areas. 10. The Landscape Plan shall be revised to establish buffers between the building and public rights -of -way, especially along Diffley Road and I -35E. The revisions to the Landscape Plan shall also be shown on the combined Landscape and Tree Mitigation Plan. 11. The Landscape Plan shall be revised to reflect that the shrubs will be 3 feet in height at time of planting. 12. The applicant shall submit a revised Tree Mitigation Plan that provides complete fulfillment of Tree Mitigation requirements through the installation of an additional ninety -seven (97) Category B trees (or an equivalent number of Category A, B, or C trees) or through a cash dedication of $29,100 as fulfillment of Tree Preservation requirements. 13. The future developer of Lot 1 shall be responsible for the tree mitigation of 154 significant trees (84.6% of the total). Planning Report — Eagan Pointe Senior Living June 25, 2013 Pave 16 14. The applicant shall protect the preserved individual tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees /woodlands to be preserved on -site. 15. The applicant shall contact the City Forestry Division and set up a pre- construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 16. The Development shall be responsible for a cash Park Dedication of $485,012 collected with the Final Plat. 17. The Development shall be responsible for the construction of 885 feet of "public trail ", consistent with the development plans and City specifications, for which a credit of $26,550 shall be applied towards the $37,750 Trail Dedication due. 18. The balance of the Trail Dedication shall be satisfied with a cash payment of $10,450 collected with the Final Plat. 19. Park and Trail Dedication due for the development of the second lot shall be independent of this Development and will be determined during the development review process for that lot. 20. All erosion/sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector /Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 21. Developed conditions (grading, private utilities, landscaping, etc.) shall allow a minimum of 15- foot -wide unobstructed equipment access path, from street -edge to all stormwater facilities, at a maximum slope of 15% on Lot 1. The unobstructed equipment access path shall be capable of supporting typical maintenance /excavation equipment, for access to all ponds and infiltration basins, including unobstructed maintenance equipment access to inlet and outlet areas. 22. The pedestrian facility along the Blackhawk Road and the new public street (Holden Trail) shall be constructed with bituminous pavement and be a minimum of 8 feet in width. If a cash dedication is provided for the trail along Blackhawk Road, the trail grading shall be performed along with the development. QCA Planning Report — Eagan Pointe Senior Living June 25, 2013 Paize 17 23. This development shall dedicate public drainage & utility easements over all public sanitary sewer, water main, and storm sewer pipes at a minimum width of 20 feet. 24. A ten -foot wide maintenance bench above the Normal Water Level (NWL) on all ponds in Lot 1, with a slope no steeper than ten feet horizontal to one foot vertical (10:1), shall be provided as directed by the City and shall be sufficient to access all pond inlets and outlets with typical excavation equipment. 25. The existing wells on site shall be sealed according to all regulatory agency requirements and well sealing records provided to the City. 26. The applicant shall fiilly meet Minn. Rules Ch. 8420 (Wetland Conservation Act requirements) and City Code §11.67 (Wetlands Protection and Management Regulations). 27. The applicant shall fully meet Eagan's Post Construction Requirements (City Code §4.33) for stormwater management (i.e. pollutant, rate, and volume control) and surface water quality. 28. The applicant shall provide construction details of proposed infiltration basins for City review (cross- section, construction /protection/sequencing notes, sizing /volume tables, planting details, etc.), to ensure infiltration basins are properly designed and constructed, and adequately protected during /after construction, to function as intended. These details shall be included in applicable plan sheet(s). 29. The applicant shall provide adequate pre- treatment (catch -basin sumps and /or forebays) to provide for capture and easily - accessible cleanout of fine -sand sized particles for all ponds and infiltration basins that receive direct impervious runoff. 30. The applicant shall provide the City with soil - boring log(s) (extending 15' min. below bottom of over - excavation) within the location of each proposed infiltration basin. If the soil- boring log indicates incompatibility of soil permeability with the submitted and reviewed design plans, the applicant shall revise the design and /or construction plans to ensure 4.33 requirements for volume control are met. 31. Prior to receiving a grading or building permit, the applicant shall enter into a long -term stormwater facility inspection and maintenance agreement, in a form acceptable to the City Attorney. 32. Immediately upon completion of fine- grading, the applicant shall provide the City as- built plans that demonstrate constructed stormwater facilities conform to design and /or construction plans, as approved by the City. As -built volumes of retention & detention shall be provided for all stormwater facilities. To recommend approval of a Preliminary Subdivision (Eagan Pointe Senior Living) to create 2 lots upon approximately 10 acres located at 4232 Blackhawk Road, south of Diffley Road between Blackhawk Road and I -35E. If approved, the following conditions should apply: too Planning Report — Eagan Pointe Senior Living June 25, 2013 Paae 18 1. The applicant shall comply with these standards conditions of plat approval as adopted by Council on February 2,1993: Al, B1, B2, B3, B4, Cl, C2, C3, C4, E1, F1 2. The property shall be platted. 3. The following plans shall be revised and submitted prior to Final Subdivision and Final Planned Development approval. • Final Site Plan • Final Building Elevation Plans • Final Landscape Plan • Final Site Lighting Plan 4. The Preliminary Planned Development shall have a term of five (5) years. 5. The applicant shall submit a proposal /infrastructure plan to be approved by staff to provide telecommunications fiber to the senior facility (FTTH) or conduit to the site to permit third party providers to install FTTH within the development. 6. The garage doors shall be painted to match the building exterior. 7. The data key on the Site Plan shall be revised to accurately reflect the setback information. 8. All mechanical equipment shall be screened in accordance with the provisions of the City's zoning code. 9. The monument sign shall be subject to City Sign Code standards. The applicant shall enter into a Sign Agreement in a form acceptable to the City Attorney. 10. The Lighting Plan shall be revised to show compliance with the 0.5 footcandle minimum within the parking areas, and the 4:1 average /minimum ratio. The plan shall also identify the height of the poles, include the base and incorporate lighting to the trail, memory garden and terraced common areas. 11. The Landscape Plan shall be revised to establish buffers between the building and public rights -of -way, especially along Diffley Road and I -35E. The revisions to the landscape plan shall also be shown on the combined landscape and tree mitigation plan. 12. The Landscape Plan shall be revised to reflect that the shrubs will be 3 feet in height at time of planting. 13. The applicant shall submit a revised Tree mitigation Plan that provides complete fulfillment of Tree Mitigation requirements through the installation of an additional ninety -seven (97) Category B trees (or an equivalent number of Category A, B, or C trees) or through a cash dedication of $29,100 as fulfillment of Tree Preservation requirements. �Dk Planning Report — Eagan Pointe Senior Living June 25, 2013 Page 19 14. The future developer of Lot 1 shall be responsible for the tree mitigation of 154 significant trees (84.6% of the total). 15. The applicant shall protect the preserved individual tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees /woodlands to be preserved on -site. 16. The applicant shall contact the City Forestry Division and set up a pre- construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 17. The Development shall be responsible for a cash Park Dedication of $485,012 collected with the Final Plat. 18. The Development shall be responsible for the construction of 885 feet of "public trail ", consistent with the development plans and City specifications, for which a credit of $26,550 shall be applied towards the $37,750 Trail Dedication due. 19. The balance of the Trail Dedication shall be satisfied with a cash payment of $10,450 collected with the Final Plat. 20. Park and Trail Dedication due for the development of the second lot shall be independent of this Development and will be determined during the development review process for that lot. 21. All erosion/sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector /Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 22. Developed conditions (grading, private utilities, landscaping, etc.) shall allow a minimum of 15- foot -wide unobstructed equipment access path, from street -edge to all stormwater facilities, at a maximum slope of 15% on Lot 1. The unobstructed equipment access path shall be capable of supporting typical maintenance /excavation equipment, for access to all ponds and infiltration basins, including unobstructed maintenance equipment access to inlet and outlet areas. 23. The pedestrian facility along the Blackhawk Road and the new public street (Holden Trail) shall be constructed with bituminous pavement and be a minimum of 8 feet in MX Planning Report — Eagan Pointe Senior Living June 25, 2013 Page 20 width. If a cash dedication is provided for the trail along Blackhawk Road, the trail grading shall be performed along with the development. 24. This development shall dedicate public drainage & utility easements over all public sanitary sewer, water main, and storm sewer pipes at a minimum width of 20 feet. 25. A ten -foot wide maintenance bench above the Normal Water Level (NWL) on all ponds in Lot 1, with a slope no steeper than ten feet horizontal to one foot vertical (10:1), shall be provided as directed by the City and shall be sufficient to access all pond inlets and outlets with typical excavation equipment. 26. The existing wells on site shall be sealed according to all regulatory agency requirements and well sealing records provided to the City. 27. The applicant shall fully meet Minn. Rules Ch. 8420 (Wetland Conservation Act requirements) and City Code §11.67 (Wetlands Protection and Management Regulations). 28. The applicant shall fully meet Eagan's Post Construction Requirements (City Code §4.33) for stormwater management (i.e. pollutant, rate, and volume control) and surface water quality. 29. The applicant shall provide construction details of proposed infiltration basins for City review (cross- section, construction /protection/sequencing notes, sizing /volume tables, planting details, etc.), to ensure infiltration basins are properly designed and constructed, and adequately protected during /after construction, to function as intended. These details shall be included in applicable plan sheet(s). 30. The applicant shall provide adequate pre- treatment (catch -basin sumps and /or forebays) to provide for capture and easily- accessible cleanout of fine -sand sized particles for all ponds and infiltration basins that receive direct impervious runoff. 31. The applicant shall provide the City with soil- boring log(s) (extending 15' min. below bottom of over - excavation) within the location of each proposed infiltration basin. If the soil- boring log indicates incompatibility of soil permeability with the submitted and reviewed design plans, the applicant shall revise the design and /or construction plans to ensure 4.33 requirements for volume control are met. 32. Prior to receiving a grading or building permit, the applicant shall enter into a long -term stormwater facility inspection and maintenance agreement, in a form acceptable to the City Attorney. 33. Immediately upon completion of fine- grading, the applicant shall provide the City as- built plans that demonstrate constructed stormwater facilities conform to design and /or construction plans, as approved by the City. As -built volumes of retention & detention shall be provided for all stormwater facilities. \ ,D,6 • tiq Eel No= MIN 'Noodhavan Park WHEN Ron INS .. � 1�� ' ��r � � fir■ �� ■■■ ��1��• ��j�1��j►!r ■ ■� � ,:��1�111■ 111■ ■m1 �,�� ®��! �. n ■ ■ ■:: �`� �Ilull■■ i ■iii ■ ®iiii �� ® ® ®��'�® ■ ■ ■ ■1 ■. � ®� o ®i1 ors ®° �® � ■11��0 ® ® ®.® ®■ ■�e ® ®�1® ■ ■ ®� �� ® ® ® ® ® ® ®i ®■ ■®■ ® ®i ® ■■■� ®o�® ® ®. ®® ® ® ®d■ ® ■® ®■ �i o ® ®�I �� ® ■ ® ■�® _,® `�`��'�.'::�� Ii,�� SOi�' off, ®O ® ® ®•1 .• ® ®tee ®�. ��e �i1� ��II► �.,,; ,o- . ®® � ®�� ®��ra 'id• err® r. � e - . 0 ® ®® � � �1 mom ME Imp■ 1■' � ® ® ®� ®Oe ®� ®0 ®ems` ®� 'o � L . � ®® 1111 ►�� ®� ®.� �` a ®® . ®=� ®gip ® ® ■.... ■ � Ila MOW 1111111® ®��,� ®� ! Ea ®�® ® ®'e ■sI 111111 ��0 �� w as � �A�O we wwi ■P� �� ♦O �♦ r or ►II ® ►s o• ww ea o� 1 11 �. � o. ♦ems O�� 1i �`.'P /aid ■� Mw •• : ��.� � ®'', ®� - - � . �le�� ®m0 ® ®: ®��: °�� i�.�_1 ' .01� ■e■ ■ ®■ ■1111 • - •. `• • • `. �� 111 •1• /�/, t.e�e oak_r�e.� r / 'lank2e Oootl\ Rd Dime Rd J I Cliff Rd ' am, A106 Current Zoning and Land Use Map 70'City of Eap Application: Eagan Pointe Senior Living/4232 Blackhawk Rd Type: Rezoning; Prelim. PD; Prelim. Subd. Case No.: 29-RZ-04-05-13; 29-PD-03-05-13; 29-PS-03-05-13 Zoning R-3/Residential Townhouse Land Use Plan MD /Medium Density N 0 300 600 1,200 MMMMMW-_— i Feet x H9 Subject Site JP � /X MD MEN C.S.A.H. NO. 30\ (DIFLEYROAD) d.__ ....... ..... MD /RCI P ............. R-3 .......... IT A 1.q? A ii :-t 7� -� P -vt- Y . ........... ............ . Subject Site C.S.A.H. NO. 30 (DIFLEY ROAD) PF. .. .............................. x PD -3 NB A A _::fib._ A x H9 Subject Site JP � /X MD MEN C.S.A.H. NO. 30\ (DIFLEYROAD) d.__ ....... ..... MD /RCI R 7 z j 7 G. _ -_ , 5EA 3. a 4 3 4 2 f > S 'UNI CL;Fl- FIRST SURVEY ADDITICIN' qw� m$ RUa SUN C1,17 THRID ADDITICT4 1 Vfl *HV I.- 4M u "YK L 326.6 �02*1,0:2B`H 2 4 9,-0-6T- -rt5- �--�-7 ggu .. �ZW,�, ROAD ....... . ..... urw� 2M, ( 0 &' 0 8Gq N N 1 1� 0 Q- 0 (D' 0 0 ' 0 69 .0 1 0 -1� . .. . O �0 C5 9 0 -0. 0 Ira 1. 0 0 0 co 0'. (q.t .0 '3. .0 0 8, U % T 0 0 5 00 M. A A H 0 (D f 0 0 0 0 4 0 0 0 ;f 0 @ 1y t F 7j 0 S . . . . . . . . . . . . . . . .. ...... . ... T.- H I HUM` H Ago- °. —T...3 qa .0 m 'y is I Ej o 0 zz�'rhNZ�r on O II Cn 7-, EAGAN POINTS SENIOR LIVING UGAR, Ml NESOTA James R. Hill, Inc. Certificate of Survey and Existing Conditions PLANNERS / ENGINEERS / SURVEYORS FOR EAGAN SENIOR LIVING 2M W. M RR. 4Z S— 120, Ds:mu>: MN 55.737 2295 W—S DRIM, MENDOTA HFMTS, Ulf 55120 PHOME. (952)890"6044 FA - (952)890-6244 loq -4- 52HE f 7 f I t 9 o o.. n SUN' Ct.1— FIRST 179.06,502*42'32*E I A O F-1 .0 Eel PLA I T1HF,:D ADDITIO'N' 1 E � a a� � ode— -� r,J;;;,�;,< - � — "N 326.64 S02*10'28 BLACKHAWK ROAD IK 'E K'/' N' 2 I Cl Ci y <� I I �; 0 II EAGAN POINTE SENIOR LIVING EAGAN. MINNESOTA James R. Hill, Inc, -0 A N, > Preliminary Plat 1. PLANNERS / ENGINEERS / SURVEYORS a FOR M X W. ft 42. &. 120. )—m MN 55331 EAGAN SE p NIOR LIVING 2295 HATEES ORV�, MENDOTA HJQITS, MN 55120 PHONE' (952)890-6044 FAX (952)890-6244 4 I-NJON uc/ 6, I��o� m�a �$ Q��m M- +1 > IK 'E K'/' N' 2 I Cl Ci y <� I I �; 0 II EAGAN POINTE SENIOR LIVING EAGAN. MINNESOTA James R. Hill, Inc, -0 A N, > Preliminary Plat 1. PLANNERS / ENGINEERS / SURVEYORS a FOR M X W. ft 42. &. 120. )—m MN 55331 EAGAN SE p NIOR LIVING 2295 HATEES ORV�, MENDOTA HJQITS, MN 55120 PHONE' (952)890-6044 FAX (952)890-6244 4 I-NJON uc/ 6, o 0 +1 > r- - - - - - - - - - - - - xoo•v>rx - - - - - - - - - - - o %Q S12 5, -3 151.3.3 S05-00-07'W 12 .7-- 48.)y NT CY WA 01-rN, y TR4 NO ,OR, EON Z'S) IK 'E K'/' N' 2 I Cl Ci y <� I I �; 0 II EAGAN POINTE SENIOR LIVING EAGAN. MINNESOTA James R. Hill, Inc, -0 A N, > Preliminary Plat 1. PLANNERS / ENGINEERS / SURVEYORS a FOR M X W. ft 42. &. 120. )—m MN 55331 EAGAN SE p NIOR LIVING 2295 HATEES ORV�, MENDOTA HJQITS, MN 55120 PHONE' (952)890-6044 FAX (952)890-6244 4 I-NJON uc/ �C it .P SITE PLAN �8 R F g - LD z UP o G1 m I x . k DC1 !} /) / .; i( ! I/ U UI t- U h M |I U rLAIN „ �• / \1 \ ��u jj #� 7 ��u GRADING PLAN ..... - �{�;�,�3� A� m \ \ J 912 I z. r,. ., `1 / - "- `> ix ?' 3� � 9 I O .1, .. 2 29 A� �� 9 r� 2 (D a o fit 0 a T U C) 0 0 Ili sFti Y. °z o� n EAGAN POINTE SENIOR LIVING James R. Hill Inc, Ao n n °n I nr[sora o v y v a n o z PRELIMINARY CONTROL DRAINAGE �— PLANNERS / ENGINEERS / SURVEYORS FGH EROSION CONTROL PLAN r J u < EAGAN SENIOR LIVING o 6 C • R,. 42 S,,H 120, B-11u, IN 55]72 O u.. ^!„E. 4_NOOiA HEIGHTS, EN 5� 20 iC.* (M)8SC- -6044 FAX (952)810-6244 2355 'NA•'R5 R. t 4 5/2M-A 02:—� UTILITY PLAN I \\ ° L1i s1A,I \ it I , or i � -- -�� _ a c� 777=77� ............. ............... F --- — — — — — — — — A II 6 z z"g - !- - - - - - -- O ro 5 F pp A(7 POINTE SENIOR LIVING James R. Hill Inc, PRELIMINARY" UTILITY PLAN PLANNERS /ENGINEERS /SURVEYORS EAGAN SENIOR LIVING 25W 8 Cv RA Q. are 120. B-- PH 55347 2225 (S52)350 -014 FAX: (952)890-6211 0a. TREE REMOVAL 0A i,o 01, (y: 0 0 Q o oa 2 q -2 ba Q 0 a OO a 0 O 0E 0 GOV F >WOW 5GS.. . IT Q 0 a OO a 0 O 0E 0 0 0 C! 0 0 Ko GOV F >WOW 5GS.. . IT 0 0 0 C! 0 0 Ko Fg M Irl k F IT NO N 1, R-4 d_ FF fld h -1jrr T1111 I cr [L- ild j LA, I U - u11_ J u L l Ell 101111 Fg M Irl k F IT NO N 1, R-4 d_ FF fld h -1jrr T1111 I cr [L- ild j LA, I U - u11_ J u L l EAGAN' POINTE SENIOR LIVING ."'7A James R. Hill Inc, TREE PRESERVATION PLAN PLANNERS /ENGINEERS /SURVEYORS FCR EAGAN SENIOR LIVING MOW, Ctt R1. 0, S- 120, G-m,914 5533, 2245 --IS 55120 P, iGNEW (952)850 -60- FAX: (552)591-66244 I ( 5 h I lF, ) ill M ill ,!f it i 1,111 n I! 01 7: T1 --------------- ---------------- lit i". , j T. I fill ------ ------------- .-M or LANDSCAPE PLAN WITH M lit i". , j T. I fill F1- IG I f A7 i W ,7k iS J'T :0 mom" Aim I T1 T1 I 1"iliNill wil 11i tz! q)/ .0 ,Q 11111. e \§ \/ & [�� . 11 I-u MOTLOM m -E �\ .a ml �� \ UATI }� }� }��. a )N PLAN '11, 1 L fill. �! }� } }� |\ . |! { }} §| \ I (n m m g m > \ // - \\ \ {{ .» ; ;b2! \_ ! \� ƒ (ƒ ^ �_\ [ �o m M m ti C=:b RLIAWA "� A J, jlfll� flilql J; < Tll q! 1psq TREE PRESERVATION PLAN l H i, 2 pip uu -P p T Hul ai j 0 0 9 9 mp ;a m m > U) m itSp M M T z G) g z- -u MX7 �G 0 z 1 m C-) -u 0 0 Z -q Z 0 G.) 9 mp PHOTOMETRIC PLAN i It t 3I I llElfjj q IJ •0 Pill", isP. pf, 01 > 'Jj m.; A It, if m 1A, Mill-, It BY NORM= + t + 2 2 00 •0 > m 1A, Mill-, m Z G) NORM= + t + 2 2 00 •0 > m Z G) > m Z G) c: -u �9,,; Vu a 1 1, FLOOR PLANS- GARAGE /1ST FLOOR III 4 L m n 7 S A D 4 L m n sn �O C o 6) m as C, 4 L I-LOOR PLANS- 2ND/3RD FLOOR "if, Film, HIP Is 110: DIN IBM "if, Film, HIP Is 110: l �9 > 0 1 l �9 FLOOR PLANS- 4TH FLOOR tau Z > L C lI no AO a l »5s o m 'Z tau i Iq E 't :C ll ! t o L�, tv Sn o i III o,t i ,� ii a Lei 170 .; S i Al 3 ry: Ml PRE NARRATIVE To whom it may concern, Eagan Pointe Senior Living, a Southview Senior Community, is proposing to construct a 151 unit four story Senior Housing Project. The project will consist of 48 memory care units, 43 assisted living units and 60 independent living units, The building project will also have 68 underground parking stalls, common dining and activities areas and designated areas for a fitness center, beauty shop, cafe, movie theater, card room and billiards room. The grounds will be heavily landscaped with outside gathering areas and pathways. The building will also feature outside patios and decks. Pending approval Eagan Pointe Senior Living is planning for a fall 2013 construction start. Eagan Pointe is hopeful to open its doors to the residents in October of 2014. The City of Eagan currently does not have a zoning classification for a senior facility such as the one we are proposing. The nearest classification to our use is an R -4 classification. Although we are below the parking requirements for a typical R -4 zoning district use the parking for our proposed project is based on our experience with buildings of this type. A large percentage of the building is made up of memory care and assisted living units. These tenants do not have cars and do not drive. Our similar facilities are designed with this in mind and we have had no difficulty accommodating parking for our residents. Eagan Pointe, a Southview Senior Living Community, will be the most recent addition to the family of Southview Communities. We have locations in Maple Grove, Oak Park Heights, Shorview, Lilydale, Inver Grove Heights and West St. Paul. Our mission is to enhance the lives of seniors by creating living communities that are safe, comfortable and family friendly, while customizing our services to the individual needs of each of our residents and encouraging them to remain as independent as possible. We provide beautiful, spacious apartments, with several size and floor plan options to accommodate individual needs, and we encourage our residents to enhance the space with their own personal furnishings and decor. We know that being surrounded by your own cherished belongings and decorating your apartment in your own unique style is an important aspect of making it your very own. Our staff provides a wide variety of engaging activities for residents all day long. We offer delicious food and restaurant -style service in our beautiful dining rooms. Our kitchen offers extensive hours, with a professional chef on staff 7 days a week. We also provide a daily Continental Breakfast with many assorted food items, coffee, juice and hot chocolate machines, to all of our residents. As a family -owned and operated business since 1966, we understand the magic of home and family. Our professional, caring staff at Southview Senior Communities strongly encourages families to play an active part in our residents' lives. For that reason, our activities calendar includes many special events that involve family participation, such as picnics, pancake breakfasts and monthly birthday celebrations. In addition, every apartment is equipped with a full kitchen — even those with memory care residents. This allows family members to come by and cook family dinners at any time. Safety is assured for our Memory Care residents by turning off and locking their appliances when they aren't in use. Providing full kitchens in each unit also fosters independence by allowing residents to have snacks whenever they choose. 'j iV IJ 2013 Whether a person is looking for total independent living, assisted - living or independent living with a few of our ala carte services added on, Southview offers convenience and peace of mind in a community setting where you can successfully maintain a healthy and active lifestyle. Full memory care is also available for residents who are determined to need it after a professional assessment has been completed. If any staff person or council member is interested in a tour of one of our facilities, please call us to schedule a tour. Our closest community is Lilydale Senior Living and is just north on 35E at the corner of Highway 13 overlooking the Mississippi River and the St. Paul skyline. iD,4 of Evan MINUTES OF MEETING OF JUNE 17, 2013 A special meeting of the Advisory Parks Commission was called to order at 7:00 p.m. on Monday, June 17, 2013, Commission Members present included Chair Michael Palmer, Member Dorothy Peterson, Member Andrea Todd - Harlin, Member David Wietecki, Member Dennis= Thompson, Member Jerry Farlee, and Member Nathan Neumann. Staff members present Director Juli Sey4oll`Johnson and Office Supervisor Amy Grannes. Visitors present Developer Lance Lemieux and ArchitectJoff" Harriss. Chair Palmer asked Director Johnson if thek stated there were no changes. Member Todd - Harlin present voting to adopt the agenda as presented. There were no visitors to be heard on Director Southview proposal co care units�1 Johnson gave a underground par card room ann redevelopment c purposes of land isted living ing stalls a iards room tfZe,,site. T for a futurefire station. any changes to tl- J, Member Farlee to da. Director Johnson ed, with all members :lopm n , proposal for the Eagan Pointe Senior Living, a fley Road ?between Blackhawk Road and 1 -35E. The Cal of. 151 units. The project will consist of 48 memory nd6n1 jiving units. The building project will have 68 such as a fitness center, beauty shop, cafe, move theater, poses to plat the properties into two parcels to allow for ito a purchase agreement for the western 4.3 acres for Developer Lance Lemreuxspoke br:,iefly to the Commission. Lance Lemieux thought park dedication fee was excessive due to the ORf clientele that would be at this facility. Residents living in the secured facility would not be using the park system. Director Johnson stated this matter must be brought before the City Council. The Park Commission can only approved based on what the current ordinance states. Member Thompson inquired about a possible trail connection on the north part of the site to Diffley Road. The Developer stated they did originally consider this but there was a significant grade challenge. The Architect stated they would have to do many switch back to make a usable trail in that location. There may be a possibility to add stairs. The developer will do more research in this area. After further discussion from Commission Members, Member Peterson moved, Member Neumann seconded, with all member present voting in favor of alternative items 1 thru 14 as listed below and added af- Advisory Parks Commission June 17, 2013 Page 2 for the Developers to research a possible trail connection at the north part of the site to Diffley Road, for recommendation to the City Council: 1. The Development shall be responsible for a cash Park Dedication of $475,376. 2. The Development shall be responsible for the construction of 885' of "public trail ", consistent with the development plans and City specifications, for which a credit of $26,550 shall be applied towards the $37,000 Trail Dedication due. 3. The balance of the Trail Dedication shall be satisfied with a cash payment of $10,450. 4. Park and Trail Dedication due for the development of the seconc Development and will be determined during the development re, 5. The applicant shall submit a revised Tree mitigation P`)ar� that pr Mitigation requirements through the installation of_anfadditioria (or an equivalent number of Category A, B, or C trees] or through fulfillment of Tree Preservation requirements y 6. The applicant shall protect the preserved Ind ividual. "tree's crit of required Tree Protective measures (i.e. orange eoloreclE11V safety netting), to be installed at theme :©rjp Line or at the 6`e' n i is greater, of significant trees /woodlands to be preserved on x 7. The applicant shall contact the City Forestry Division and set least five days prior to thedssuance of the =gradiri" Okmit to e Tree Preservation Plan and ilacement of th,e Tree Protection 8. The applicant sha City Code §11.67 9. The applicant should (cross section, constr etc: to. ensure infiltr< of shall be independent of this ew process for that lot. des complete fulfillment of Tree nety -seven (97) Category B trees cash dedication of $29,100 as al root zones through the placement W nce or 4 foot polyethylene laminate er of the CriticaR`oot Zone, whichever te. aft pre- construction site inspection at 34re,compliance with the approved meet Mlnra. Rules Ch 8420 (Wetland "Conservation Act requirements) and nds Protection and Management Regulations). during %after construction,t plan shee(s). 10. The applicant should provide (cross- section, construction etc.), to ensure stornj gter,tj during / after constructiori, ti r „fin, {h x plan sheet(s).>4 )anstru"ctiQ details of proposed infiltration basins for City review aratection / "seq uencirg notes, sizing/volume tables, planting details, iris a e properly designed and constructed, and adequately protected funetio 1Q, s intended. These details should be included in applicable �struction details of proposed stormwater ponds for City review atection / sequencing notes, sizing/volume tables, planting details, is are properly designed and constructed, and adequately protected nction as intended. These details should be included in applicable 11. The applicant should provide adequate pre- treatment (catch -basin sumps and /or forebays) to provide for capture and easily - accessible cleanout of fine -sand sized particles for all ponds and infiltration basins that receive direct impervious runoff. 12. The applicant shall provide the City with soil- boring log(s) (extending 15' min. below bottom of over - excavation) within the location of each proposed infiltration basin. If the soil - boring log indicates incompatibility of soil permeability with the submitted and reviewed design plans, the applicant should revise the design and /or construction plans to ensure 4.33 requirements for volume control are met. «(O Advisory Parks Commission June 17, 2013 Page 3 13. Prior to receiving a grading permit, the applicant should enter into a long -term stormwater facility inspection and maintenance agreement, in a form acceptable to the City Attorney. 14. Immediately upon completion of fine - grading, the applicant shall provide the City as -built plans that demonstrate constructed stormwater facilities conform to design and /or construction plans, as approved by the City. As -built volumes of retention & detention shall be provided for all stormwater facilities. OLD BUSINESS There were no old business items to be discussed at this tim NEW BUSINESS 4. There were no new business items to be discussed at this time. i� ADJOURNMENT With no further business to discuss, Member3Farlee m members present voting to adjourn the medtng TeF ree 6 q �tecki seconded with all other dat7:21p.m. Date Agenda Information Memo July 2, 2013, Eagan City Council Meeting C. PLANNED DEVELOPMENT AMENDMENT — FIESTA CANCUN GRILL ACTION TO BE CONSIDERED: To approve (or direct preparation of Findings of Fact for Denial) a Planned Development Amendment to allow on -sale liquor for a proposed full- service restaurant to be located at 4250 Lexington Ave. S., legally described as Lot 1, Block 1, Eagan Center 1St Addition, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: At least three votes FACTS: ➢ Fiesta Cancun Grill is requesting approval of a Planned Development Amendment to allow on -sale liquor for a full- service restaurant at 4250 Lexington Ave S. ➢ The tenant space consists of approximately 4,100 sq. ft. of the 18,430 sq. ft. strip retail center. ➢ The site is guided and zoned for retail commercial uses. A full- service restaurant is a permitted use on this site. ➢ The proposal satisfies the location standards of the ordinance; operational standards are set out in the licensing section of the ordinance. ➢ The applicant will be required to obtain all appropriate licenses for the on -sale liquor operation separate from this zoning request. ➢ The Advisory Planning Commission held a public hearing on June 25, 2013 and recommended approval of the PD Amendment. ISSUES: None 60 -DAY AGENCY ACTION DEADLINE: July 19, 2013 ATTACHMENTS (3): Location Map, page `aCl Draft June 25, 2013 APC minute on page 3 Planning Report, pages through A? . r -Location p Feet Project Name: Fiesta Cancun Grill 0 500 1,000 2,000 Request: Planned Development Amendment Legend Case No.: 26 -PA- 030513 41 M: �� City Boundary Parcels /\ Parks City of Evan Buildings N Advisory Planning Commission June 25, 2013 Page 4 of 13 B. Fiesta Cancun Grill Applicant Name: Fiesta Cancun Grill Location: 4290 Lexington Ave S; Lot 1, Block 1, Eagan Center 1st Addition Application: Planned Development Amendment A Planned Development Amendment to allow on -sale liquor in conjunction with a full - service restaurant. File Number: 26- PA- 03 -05 -13 City Planner Ridley introduced this item and highlighted the infor. ton presented in the City Staff report dated June 17, 2013. Kristin Ballard, Property Manager representing the proper y ov'�er and licant stated the applicant had recently opened a Fiesta Cancun Grill i r o1<Iyn Park and lusiness is doing very well; she anticipates the Eagan location will pr a benefit to the City ge Ily and the Lexington Diffley area specifically. Chair Heaney opened the public hearing. There being no public comment, Chair ey closed the p Mlb earing and turned the discussion back to the Commission. - Member Dugan stated acquaintance with t app i ahand explair�d hat there has been no 0/ ��hf discussion of the application, therefore he wi>4not tmg on the item. Member Filipi moved, tt m e " x r seconded otion to recommend approval of a Planned Development Ame ent to al 4_ Yon -sale liquo for a proposed full - service restaurant to be located at 4250 Le ng =ct - e. S,F bject to the fa g conditions: 1. A Planned Developmerit�� end the Co opmenfQel 2. A S' Permit is a tad pno ments of the Si 4 �fJrdina All voted in -ar. Motion cad 7 -0. M ir ent shall be executed and placed on file with to issuance of any permits. lation of any sign, and all signage is subject to the PLANNING REPORT CITY OF EAGAN REPORT DATE: June 17, 2013 APPLICANT: Maria Elena Alvarez CASE: 26- PA- 03 -05 -13 HEARING DATE: June 25, 2013 PROPERTY OWNER: Lexington Center, LLC PREPARED BY: Michael J. Ridley, AICP REQUEST: Planned Development Amendment LOCATION: 4250 Lexington Ave. S. COMPREHENSIVE PLAN: Retail Commercial (RC) ZONING: Planned Development (PD) SUMMARY OF REQUEST Maria Alvarez is requesting approval of a Planned Development Amendment to allow on -sale liquor for a proposed full- service restaurant to be located in the NW 1/n of Section 26 at 4250 Lexington Ave. S., legally described as Lot 1, Block 1, Eagan Center I't Addition. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 5 states, in part: 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two - thirds of all members of the council. BACKGROUND/HISTORY The property is a component of the 1,100 acre Lexington South Planned Development and was developed in 1986. The massive Lexington South Planned Development was approved in 1976 and spanned from Wescott Road to the north to Cliff Road to the south, generally along either side of Lexington Ave. Uses provided for included single family, twin home, apartments, commercial retail, places of worship and parkland (Northview Park). EXISTING CONDITIONS The 2.4 acre parcel contains a single 18,430 SF multi- tenant strip retail building and associated parking of 133 stalls. The current tenant mix includes a fitness center, fast casual restaurant, nail salon, professional office and a delivery /take out restaurant. 1� � Planning Report — Planned Development Amendment June 25, 2013 Page 2 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Compatibility with Surrounding Area — The existing center has contained a varied mix of retail /service uses over the years. The proposed restaurant use appears compatible with the site and the area in general. Site Plan — The physical layout of the site will not change. Parking — The parking provided for the 18,430 SF building (133 stalls) reflects the time period it was constructed. If built today, 84 stalls would be required for retail use. Parking required for a 140 seat restaurant is 47 stalls. The parking calculation for the remainder of the center (minus the restaurant space) is 67 stalls. Therefore, the combined parking required for the existing and proposed use is 114 stalls. Signag_e — All signage is subject to the requirements of the City Sign Code. A Sign Permit is required for each sign prior to installation of the sign. Liquor License — The applicant will be required to obtain all appropriate licenses for the on -sale liquor operation separate from this land use request. SUMMARY /CONCLUSION The subject site is part of the Lexington South Planned Development and was developed over 25 years ago. The building has been occupied by a variety of service and retail uses. The restaurant will located in the south end -cap of the building and occupy approximately 4,100 SF. There are no proposed physical changes to the site and a frill- service restaurant is a permitted use on this site. �i_Q Existing Use Zoning Land Use Designation North Walgreen's PD, Planned Development RC-Retail Commercial East Single Family PD, Planned Development LD -Low Density Residential South Vacant PD, Planned Development 0 /S- Office /Service West Lexington/Diffley Athletic Complex P, Park -Park, Open Space and Recreation EVALUATION OF REQUEST Compatibility with Surrounding Area — The existing center has contained a varied mix of retail /service uses over the years. The proposed restaurant use appears compatible with the site and the area in general. Site Plan — The physical layout of the site will not change. Parking — The parking provided for the 18,430 SF building (133 stalls) reflects the time period it was constructed. If built today, 84 stalls would be required for retail use. Parking required for a 140 seat restaurant is 47 stalls. The parking calculation for the remainder of the center (minus the restaurant space) is 67 stalls. Therefore, the combined parking required for the existing and proposed use is 114 stalls. Signag_e — All signage is subject to the requirements of the City Sign Code. A Sign Permit is required for each sign prior to installation of the sign. Liquor License — The applicant will be required to obtain all appropriate licenses for the on -sale liquor operation separate from this land use request. SUMMARY /CONCLUSION The subject site is part of the Lexington South Planned Development and was developed over 25 years ago. The building has been occupied by a variety of service and retail uses. The restaurant will located in the south end -cap of the building and occupy approximately 4,100 SF. There are no proposed physical changes to the site and a frill- service restaurant is a permitted use on this site. �i_Q Planning Report — Planned Development Amendment June 25, 2013 Page 3 ACTION TO BE CONSIDERED To recommend Approval of a Planned Development Amendment to allow on -sale liquor for a proposed full- service restaurant to be located at 4250 Lexington Ave. S. If approved, the following conditions should apply: 1. A Planned Development Amendment Agreement shall be executed and placed on file with the Community Development Department prior to issuance of any permits. 2. A Sign Permit is required prior to installation of any sign, and all signage is subject to the requirements of the Sign Ordinance. l33 Locati ®n Mai �ID Rd -k DooAleftd r • __ Cliff E g�. o ..w.M�p a LXtdlif 1 erry Patch ark iam Ov . R 9 19 j9M u} _ - S A`Pi °tV0 0° Ol t EY`ROAO ' Subject Site _ i A Ca m �aP P 5 s O 0 Park r Lexington Diffley Athletic Park M �' f m WA Qk� Carlson Lake Park J g 3 ; _ LANE y -- Wil nrPMP S OAD Oak Chase Park W'�pFJx "essRpNR Walnut Hill'Park Ravine ar k'P.a_ rk: 0 Feet Project Name: Fiesta Cancun Grill 0 500 1,000 2,000 Request: Planned Development Amendment Legend Case No.: 26 -PA- 030513 Aamar; ;Marcity Boundary Parcels ?r Parks q fin City of Eap Buildings N kJL[ 11P, Current Zoning and Land Use Map City of Eap Application: Fiesta Cancun Grill Type: Planned Development Amendment Case No.: Case No. 26- PA- 03 -05 -13 Zoning PD Planned Development Land Use Plan RC Retail Commercial l� N 0 300 600 � I �R -�--= _ j PD PF r� I Subject Site T PD PATRICK R o P �C m r 0m m r Z WI m LEXINGTON POINTE PARKWA PD P� D 1,200 ® Feet a)E �' y�� `� sir � x•`�F j�-p s` Y 41 W k 3 f x N ss a °r J, _ v -Op - � I � s s AT Lexington Center Shopping Center, Eagan, Minnesota Narratives We are requesting an amendment to the planned unit development covering the Lexington Center Shopping Center at the intersection of Lexington and Diffiley to allow for the addition of a Mexican restaurant serving liquor. We would like to build out the restaurant as soon as all of the approvals and permits can be obtained. The surrounding land uses consist of mostly commercial uses with residential use behind the property and park areas across the street from the location. As there is a shortage of full service restaurants in the area we believe that the restaurant will result in a better use of the land and enhance the area by providing additional choices, services, and jobs closer to where the residents of the city live. There is more than adequate parking for the proposed use and we feel that the use will positively impact the property by bringing some additional traffic to the merchants of the shopping center and the overall commercial area. As the restaurant represents a small amount of the overall square footage of commercial space in the overall area we do not feel that the use will significantly affect traffic in the area. Additionally since no additional improvements are needed to the shopping center for the intended use there will be no impact on sewer water run off. The impact on sewer and water use would be approximately the same if the restaurant served liquor or did not serve liquor. Overall we believe the restaurant will be a benefit to the public by adding a positive addition to the mix of services provided to the residents of Eagan at this location, as well as generating a significant number of jobs and taxes for the community for many years to come. RECEIVED MAY 2 0 2013 ��)q AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER JULY 2, 2013 A. CALL TO ORDER B. ADOPT AGENDA C�� K I ] � F.� ► fir: �! �� 1 1. APPROVE EDA Minutes 2. RATIFY Agreement with Braun Intertec to Prepare a Remediation Action Plan for the EDA Property at Cedar Grove Boulevard and Cedar Grove Parkway D. OLD BUSINESS E. NEW BUSINESS 1. PUBLIC HEARING to Consider the Sale of EDA Property at 3830 Sibley Memorial Highway to Jensen and Jensen Properties, LLC 2. PUBLIC HEARING to Consider the Sale of EDA Property at the intersection of Cedar Grove Boulevard and Cedar Grove Parkway to Stonebridge Development and Acquisition LLC and Approve Concept Plan for Project F. OTHER BUSINESS G. ADJOURN Q Agenda Information Memo Eagan Economic Development Authority Meeting July 2, 2013 NOTICE OF CONCURRENT ACTIONS The Council acting as the Board of Commissioners of the Economic Development Authority ( "EDA ") may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the Agenda as presented or modified. C. CONSENT AGENDA ACTION TO BE CONSIDERED: To approve the Consent Agenda as presented or modified. 1. APPROVAL OF MINUTES — The minutes of the June 4, 2013 EDA meeting are enclosed on pages I40 through l'1\ . 2. RATIFY Work Order for Braun Intertec to Prepare a Remediation Action Plan for the EDA Property at Cedar Grove Boulevard and Cedar Grove Parkway — The EDA has contracted with Braun Intertec to perform environmental analysis and assist with remediation work in the Cedar Grove Redevelopment District. One of those services is the preparation of Response Action Plans (RAPS) for properties the EDA intends to sell for private development. To date, the EDA has not prepared a RAP for the east end property being considered for sale to Stonebridge Development. As the prospective sale is in process, it is in order to move forward with that work at this time. In the interest of time, staff has executed a work order for Braun to begin work in this regard. The action before the EDA is to ratify the work order for the scope of work defined by the Braun proposal enclosed on pages) ), through 1� MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota June 4, 2013 A meeting of the Eagan Economic Development Authority was held on Tuesday, June 4, 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 ORDER President Maguire called the Economic Development Authority meeting to order. ADOPT AGENDA Commissioner Bakken moved, Commissioner Fields seconded a motion to approve the agenda as presented. Aye:5 Nay:0 CONSENT AGENDA Commissioner Fields moved, Commissioner Bakken seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 It is recommended to approve the minutes of May 21, 2013 EDA meeting as presented. It is recommended 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. There was no Old Business. OLD BUSINESS NEW BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT — STONEBRIDGE APARTMENT CONCEPT PLAN Community Development Director Hohenstein introduced the item noting the expectations of the original Cedar Grove planning studies determined the mix of high density residential uses combined with retail, food and beverage and office uses would be a desirable long term redevelopment plan for the area. 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. Hohenstein noted the parcel is located on the east end of the redevelopment district's core area. Stonebridge is proposing 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. Wally Johnson of Stonebridge Companies gave an overview of the request and was available for questions. HD The Council discussed the concept plan, providing the following feedback: To emphasize the corner piece and have an exceptional feature at that location If feasible, to move the north end of the commercial section of the building out and closer to the road, and have the approach into the underground parking different so the building itself screens most of the parking on the internal sides to take advantage of some streetscape exposure • And, provide possible uses in the retail area (micro brewery) Link Wilson with Kaas Wilson Architects gave a presentation with examples of other Stonebridge apartment projects built at various locations around the region. Commissioners made a number of comments about the concept including: the importance of having a high quality appearance or feature at the main intersection, the attractiveness and challenges of vertical mixed use, the relationship of the height of the buildings to the other development in the area, the types of uses that might occupy the retail portion of the project, the relationship of the potential retail uses to the current operations of Jensens and Cedarvale Lanes and the need to have high quality architecture and finishes. Commissioner Bakken moved, Commissioner Fields seconded a motion to approve the Stonebridge Companies Preliminary Redevelopment Concept Site Plan and Narrative dated May 16, 2013, for the assembly and redevelopment of property in the core area of the Cedar Grove Redevelopment District. Aye: 4 Nay: 0 (Commissioner Tilley was not present during the voting) Commissioner Bakken moved, Commissioner Fields seconded a motion 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 Site Plan to be considered at a future EDA meeting. Aye: 4 Nay: 0 (Commissioner Tilley was not present during the voting) Commissioner Bakken moved, Commissioner Fields seconded a motion 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. Aye: 4 Nay: 0 (Commissioner Tilley was not present during the voting) There was no Other Business. OTHER BUSINESS ADJOURNMENT Commissioner Bakken moved, Commissioner Fields seconded a motion to adjourn the meeting. Aye: 5 Nay: 0 Date David M. Osberg, Executive Director Bra-tin Intertee Corporation tim Hampshire Ave S Mil"If t'P01is, MN ,554;38 June 18, 2013 Mr, Jon Hohenstein City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Proposal For Environmental Consulting Services East End of The Cedar Grove Redevelopment Area Proposed Stonebridge Apartments Eagan, Minnesota Dear Mr. Hohenstein;, Phone, :952.995;„ .)00 14M 9y2.991"-).2020 Weir: brai rainteiteexora Proposa I BL -12- 037440 Braun Intertec is pleased to present this proposal for environmental consulting services during the preconstruction phase at the referenced Site. Multiple rounds of environmental investigation and monitoring have been conducted throughout the Cedar Grove Redevelopment Area, including the east end where the proposed apartment building will be constructed. Contaminated soil, groundwater, and soil vapors have been identified on the former Cedar Grove Shell Station, which is proposed to be part ofthe'Site, We understand' that the project will be moving forward to the redevelopment phase and a mixed use residential-development is planned to be constructed'. •e" e e 1; We understand that the City of Eagan is seeking environmental consulting services during the preconstruction phases of the project in order to prepare a'Response Action Plan and Construction Contingency Plan ('RAP /CCP) and to enroll the project into the Minnesota Pollution Control Agency (MPCA) voluntary brownfleids program and receive the appropriate liability assurances and approval as the Site is being redeveloped. To meet our project, objective, we are proposing the following scope of services; Task 1— Enroll Into the MPCA PB and VIC Programs To obtain appropriate assurances and approvals from the iMPCA, we will assist in enrolling the proposed Stonebridge Apartment Site into the Petroleum Brownfields Program (PBP) and Voluntary' Investigation and Cleanup (VIC) Program, We also will assist In obtain'ing,appropdate liability assurance letters for the identified- non - petroleum releases. Liability assurances also will be requested for the developer. As part of this task we will correspond, as necessary, with the MPCA. You should be aware that the MPCA might request that additional sampling be conducted at the Site prior to issuing approvals. AA /EOE Providing engineering and envirow-nental solutions since .19,g7 i�D' City of Eagan Proposal BL- 12- 03744C June 18, 2013 Page 2 Task 2 — Phase I ESA Recently, the MPCA began requiring that (Phase i environmental site assessments (ESAs) less than six months old be submitted with the voluntary brownfields applications. As part of this task, we will update the previous 2004 Phase I ESA with current aerial photographs and a current regulatory database search, conduct a site reconnaissance and summarize the results of environmental Investigations conducted'_ since 2004 in order to meet the MPCA requirement. Task 3— Prepare a RAP /CCP Braun Intertec will prepare a RAP /CCP that will describe the proposed redevelopment, the type and location of contaminated material that is anticipated to be encountered, and ,procedures that will be used to appropriately manage the impacts. The RAP /CCP also will provide contingency procedures In the event previously unidentified contamination is encountered, The RAP /CCP will be submitted to the MPCA for approval prior to the start of construction, Task 4 — Brownflelds Cleanup Grant Applications our scope of services will include preparing an application for the Metropolitan Council - Brownfields Cleanup Grant and for the Minnesota Department of Employment and Economic Development (DEED) Cleanup Grant that will include cleanup costs related to RAP implementation. The applications will be prepared by the grant deadline of November 1, 2013, and will include a summary of the project and cost estimate to complete the site remediation. In addition to preparing the applications, we will correspond with you, Metropolitan Council, DEED, and city staff during the application; process. There are portions of the application that we will need assistance with. We will provide a list of those sections to you for insertion into the grants. We will furnish the services described herein on an hourly and unit-cost basis. The estimated cost breakdown_ summary is listed below. Task Description .10 71 MPCA Program Application, correspondence $ 11500 and requesting approvals and assurances Conduct Phase I ESA Prepare RAP /CCP :Prepare Grant Applications (Includes attending 3 meetings) $ 2,000 $ 3,500 ,,50_0 Total: $9,500 t IV:> BRA U 14 'INTERTEC City of Eagan Proposal BL- 12- 037440 June 18, 2013 Page 3 Acceptance of Proposal Braun Intertec appreciates the opportunity to present this proposal to you. We will begin the project upon receipt of your authorization. The scope of services will be conducted in accordance with the existing Master Service Agreement between Braun and the City of Eagan. The estimated cost of $9,500 presented in this proposal is based on the scope of services described and the assumption that the proposal will be authorized within 30 days and that the project will be completed within the proposed schedule. If the project is not authorized within 30 days, we may need to modify the proposal. If the project cannot be completed within the proposed schedule due to circumstances beyond our control, revising the proposal may be required for completion of the remaining tasks, if you have any questions regarding this proposal, ,please call Jeremy Hansen at 952.995,2464 or Jennifer Force at 952,995.2454. Sincerely, BRAUN INT Rj:,�C CORPORATION P.rojeoclt h R. H ansen Scientist Attachment: General Conditions (6- 15 -06) Authorization to Proceed: Please proceed according to the described scope of services: Authorizer's Firm Authorizer's Name (please print or type) Authorizer's Signature Authorizer's Title Date Proposal - .prepare RAP —Cedar Grove Stonebridge -Eagan Lv--I BRAUN I'NTE'RTEC Agenda Memo Eagan Economic Development Authority Meeting New Business July 2, 2013 1. CEDAR GROVE REDEVELOPMENT DISTRICT — PUBLIC HEARING REGARDING SALE OF PROPERTY FOR JENSENS RESTAURANT PARKING EXPANSION ACTION TO BE CONSIDERED: 1) To close the public hearing and direct the preparation of findings of fact to approve a real estate purchase agreement between the Eagan EDA and Jensen and Jensen Properties, LLC for the Sale of EDA Property at 3830 Sibley Memorial Highway. And 2) To approve the Stonebridge Companies Preliminary Redevelopment Concept Plan elevations dated May 25, 2013 for the redevelopment of property in the core area of the Cedar Grove Redevelopment District. FACTS: • At its meeting of May 7, 2013, the Eagan Economic Development Authority Board received a presentation by Doron Jensen, on behalf of Jensens Supper Club and Jensen and Jensen LLC, who had submitted an offer to acquire the former credit union parcel at 3830 Sibley Memorial Highway for an expansion of parking for the business. • In association with the parking expansion, Mr. Jensen is also planning to remodel the property. While most of the remodeling work will be inside the building, he is proposing to modify the main entrance, add an outdoor seating area and construct an addition to fully enclose the refuse containers on the southwest side of the building • The EDA Board approved a site plan dated May 1, 2013 as a portion of the preliminary concept plan for the parking expansion. The EDA noted that proposed improvements of the Jensens property resolves a longstanding need for additional parking for the business and furthers the goals of the redevelopment district by bringing about additional investment in an existing destination business in the area. • The EDA directed Jensens to prepare building elevations and other details based on the site plan to complete the concept plan consideration. Mr. Jensen has submitted the attached elevations and sign details for that purpose and he will be present at Tuesday's meeting to present the elevations and respond to questions in their regard. • The EDA also directed staff and the City Attorney to prepare a purchase agreement based on the basic terms of the Jensens Letter of intent and to schedule a public hearing for the consideration of that agreement on July 2, 2013. A public hearing is required when a public entity considers the sale of property to a private party. The agreement has been negotiated and executed by Mr. Jensen, the public hearing has been noticed and the matter is in order for consideration at this time. • The EDA has also authorized the City Attorney to request an opinion of the market value range of proposed sales by the City's appraiser, BRKW. The appraiser has confirmed that the proposed purchase price of $10 per square foot is within the fair market range for a sale of property for this use. • As part of the consideration of the sale of publicly owned property, the Advisory Planning Commission considers the proposed use of the property and makes a finding as to its conformance with the City's Comprehensive Guide Plan. The APC considered this item at its meeting of June 25, 2013, and found the proposed development conforms to the Cedar Grove Special Area of the Comprehensive Plan. • If it is approved, one of the conditions of the purchase agreement is that the developer proceeds with a final plat of the property to incorporate the parcels into a single parcel. This item will return to the City Council for consideration at a later date. The sale of the property will be contingent upon approval of that application. ATTACHMENTS: • Location map on page 11A9 _ • Redevelopment concept site plan dated May 1, 2013 on page • Redevelopment concept plan details, elevations and sign exhibits dated June 25, 2013 on pages ALft_ through I53 • Purchase agreement available upon request. 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CEDAR GROVE REDEVELOPMENT DISTRICT — PUBLIC HEARING REGARDING SALE OF PROPERTY FOR STONEBRIDGE APARTMENT DEVELOPMENT PROJECT ACTION TO BE CONSIDERED: 1) To close the public hearing and direct the preparation of findings of fact to approve a real estate purchase agreement between the Eagan EDA and Stonebridge Development and Acquisition LLC for the area defined by the Preliminary Concept Plan. And 2) To approve the Stonebridge Companies Preliminary Redevelopment Concept Plan elevations dated May 25, 2013 for the redevelopment of property in the core area of the Cedar Grove Redevelopment District. FACTS: At its meeting of June 4, 2013, the Eagan Economic Development Authority Board received a presentation by Wally Johnson, on behalf of Stonebridge Companies, who had 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 story, 180 unit, market rate apartment building with up to 14,000 sf of attached in -line retail. The EDA Board approved a site plan dated May 16, 2013 as a portion of the preliminary concept plan for a mixed use development plan proposed by Stonebridge Companies for property located on the east end of the Cedar Grove Redevelopment District. The EDA noted that the proposed mix of multi - family residential over retail was consistent with the goals and priorities for the redevelopment district and that market rate rental would be a desirable element of the mixture of housing types in the redevelopment district. The EDA directed Stonebridge to prepare building elevations based on the site plan to complete the concept plan consideration. Stonebridge has submitted the attached elevations for that purpose. Mr. Johnson of Stonebridge will be present at Tuesday's meeting to present the elevations and respond to questions in their regard. At that time, the EDA also directed staff and the City Attorney to prepare a purchase agreement based on the basic terms of the Stonebridge Letter of intent and to schedule a public hearing for the consideration of that agreement on July 2, 2013. A 1 s,i public hearing is required when a public entity considers the sale of property to a private party. The agreement has been negotiated and executed by Stonebridge, the public hearing has been noticed and the matter is in order for consideration at this time. The EDA has also authorized the City Attorney to request an opinion of the market value range of proposed sales by the City's appraiser, BRKW. The appraiser has confirmed that the proposed purchase price of $1.533 million ($1.8 million gross less applied sewer availability charge credits of $267,000) is within the fair market range for a sale of property for this use. In consideration of the proposed application of SAC credits to this project, Stonebridge has submitted a project pro forma to the EDA's redevelopment financing advisors, Ehlers and Associates, who have performed a review of the analysis and concluded that the assumptions and outcomes are reasonable for the nature and scope of the project. Rebecca Kurtz of Ehlers will be present at Tuesday's meeting to respond to questions concerning the analysis. As part of the consideration of the sale of publicly owned property, the Advisory Planning Commission considers the proposed use of the property and makes a finding as to its conformance with the City's Comprehensive Guide Plan. The APC considered this item at its meeting of June 25, 2013, and found the proposed development conforms to the Cedar Grove Special Area of the Comprehensive Plan. If it is approved, one of the conditions of the purchase agreement is that the developer proceeds with the formal development application and review process of the Advisory Planning Commission and City Council. The sale of the property will be contingent upon approval of that application. ATTACHMENTS: • Location map on page 160 • Redevelopment concept site plan dated June 4, 2013 on page 101 • Redevelopment concept plan elevations dated June 25, 2013 on pages l j through --- • Project pro forma analysis by Ehlers and Associates on page 1(.Q®° LCa l • Purchase agreement available upon request. t � � /y/ � y§ _ � - _ ��\ _ � � � k -� . » � � . _ - . :� \� \�� \�� «� 20 M C14 P, km Wyl t-V 7 "V v X-1 1 ZQ1 vkll x w LE 05 1A FW z gy, �e LU LJ i M W-1 < sll'� 11 T, � O � N N N t i I ,r d L: m I •� F�v�ir r�9 („ (n �! Sr An'_ Z �> W ,�.•� X16. Ile,: Q a o 0 U w o ■ ■ FIJ .- it ink k 0 ck (D oa LLJ U LU Qom' Y A .4 ir Li via A .- it ink k 0 ck (D oa LLJ U LU - A To: Jon Hohenstein, City of Eagan Eagan Economic Development Authority From: Mark Ruff and Rebecca Kurtz, Ehlers Date: June 28, 2013 Subject: But For Analysis for Proposed Stonebridge Development Project u The City has received a proposal from Stonebridge Development to construct a 180 unit market rate rental development with 12,000 square feet of retail on the east end of the Cedar Grove Project Area (the "Project Area "). The Stonebridge proposal includes a purchase price of the EDA owned land for $1,800,000. The developer is requesting $267,000 in sewer access charge (SAC) credits that the City has available from the Metropolitan Council to be used in the Project Area. The SAC credits are a resource available to the City but are not a direct cost to the City or EDA. Ehlers has been asked to review the developer's pro forma to determine if the level of assistance requested is needed to make the project financially feasible. The developer provided to Ehlers financial information that contained details on the sources and uses of funds along with revenue and expenditure projections. The following are our comments with regards to the pro forma and request for assistance: The Developer is proposing to purchase the land from the EDA for $1,800,000. For market rate developments, developers will pay $8,000 to $15,000 per unit for land. The developer's land price of $10,000 per unit is in that range and is appropriate given the rents to be achieved in Eagan ($1.45 per apartment square foot) compared to rents ($1.90 to $2.25+ per apartment square foot) available in Minneapolis and first ring suburbs. The commercial area is to be contained in the building as a "vertically mixed use" development. In our experience, the commercial portion of the project does not contribute to land price given the difficulty in renting such space in other similar buildings. ■ Construction costs, replacement reserves, and operating expenses are well within the reasonable range for comparable developments. ■ Financing terms of a 30 year loan at 5% are within expected ranges. ■ The developer fee of 3% of project costs is typical and is deferred. E H L E R _..__ .._ .............�.........__... �.__........�........ _ _.._._ _�._........�_..__...,........, ._......__. ._. �. Minnesota phone 651 -697 -8500 3060 Centre Pointe Drive LEADERS IN PUBLIC FINANCE Offices also in Wisconsin and Illinois fax 651 - 697 -8555 Roseville, MN 55113 -1122 KV0 toll free 800 -552 -1171 ■ The developer's overall return on equity, even with the SAC credits and the proposed land price, is less than industry standards for similar developments in similar locations. Therefore, based on our review of the Developer's pro forma and under current market conditions the proposed development may not reasonably be expected to occur solely through private investment within the reasonably near future. Due to the costs associated with mixed use development, rents currently considered "market" in Eagan, and the current lending environment, this project is feasible only through assistance, in part, from City contributions. Please let us know if you have questions or comments. Rebecca will be at the meeting on July 2 to further address any questions. `u i Agenda Information Memo Eagan Economic Development Authority Meeting July 2, 2013 F. OTHER BUSINESS There are no other items at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the EDA Meeting. 6 U),