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08/05/2013 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING AUGUST 5, 2013 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE 3 II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) A. APPROVE MINUTES 10 B. PERSONNEL ITEMS " C. APPROVE Check Registers G D. CANCEL the November 12, 2013 Special City Council Meeting E. Item removed F. ADOPT a Proclamation recognizing August 6, 2013, as "National Night Out" in Eagan 1� G. APPROVE a Joint Powers Agreement between the City of Eagan and the St. Paul Port Authority to implement and administer a Property Assessed Clean Energy Program (MN PACE) on behalf Of the City of Eagan a� H. APPROVE funding of the Holden property purchase and related architectural consulting from General Fund balance APPROVE a Sound Amplification Permit and Waiver of fee for an outdoor event for Faithful Shepherd on September 21, 2013 J. DIRECT Research of Senior Housing Zoning and Development Standards for Future Consideration of Related City Code Amendments ?ai K. APPROVE a Resolution to accept a donation of $1,245 from Minnesota Energy to purchase a gas monitor and authorize the necessary budget adjustment 3 L. APPROVE contract with Buske Group to conduct Cable Franchise Needs Assessment 3q M. RECEIVE Petition to Vacate Public Drainage & Utility Easements, Lot 1, Block 1 Parkview Golf Club, and Schedule Public Hearing for September 3, 2013 317 N. APPROVE Inflow & Infiltration (1 &1) Program Surcharge Appeals 33 O. AWARD City Contract No. 13 -07 (Citywide Trail Improvements) qO P. AWARD City Contract No. 14 -02 (CM Campus Backup Power) 4_Q. APPROVE Water Quality Cost -Share Partnership Program with All Saints Lutheran Church - �a Parking Lot Biofiltration R. APPROVE a Resolution designating the Port Authority to implement and administer a Property Assessed Clean Energy improvement financing on behalf of the City of Eagan, and providing for 14(o the imposition of special assessments as needed in connection with that program S. EXTENSION of Final Plat Recording (Kennerick 4t" Addition) V. PUBLIC HEARINGS VI. OLD BUSINESS VII. NEW BUSINESS q9 A. COMPREHENSIVE GUIDE PLAN AMENDMENT — GratusDevelopment — A Comprehensive Guide Plan Amendment from SA/ MO, Special Area/ Major Office to SA/ MU, Special Area/ Mixed Use located North of Yankee Doodle between Coachman Road and Central Parkway T B. CONDITIONAL USE PERMIT — Autoworx, LLC - A Conditional Use Permit to allow overnite parking of up to 15 parking spaces to be occupied by passenger vehicles, u -haul trucks & trailers, stretch limousines, limousine buses and carpet cleaning vans located at 1908 Shawnee Road C PLANNED DEVLOPMENT AMENDMENT — Power System Research - A Planned Development Amendment to allow a 1200 sq ft one -story building addition located at 1365 Corporate Center Curve VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY A. CALL TO ORDER 100 B. ADOPT AGENDA 109 C. CONSENT AGENDA 1. APPROVE EDA Minutes, June 25, 2013 2. APPROVE EDA Minutes, July 16, 2013 3. RATIFY Findings of Fact to Approve the Real Estate Purchase Agreement between the Eagan EDA and Stonebridge Development and Acquisition LLC for the area defined by the Preliminary Concept Plan dated June 25, 2013 4. APPROVE sale of east end property in the Cedar Grove redevelopment area to "The Flats at Cedar Grove, LLC" upon the same terms and conditions as proposed by Stonebridge Development and Acquisition, LLC 4. AUTHORIZE and DIRECT the City Attorney's office to take all necessary actions to pursue insurable title to the east end property in the Cedar Grove Redevelopment Area B. OLD BUSINESS C. NEW BUSINESS D. OTHER BUSINESS G. ADJOURN X. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development x/. VISITORS TO BE HEARD (for those persons not on the agenda) XII. CLOSED SESSION XIII. ADJOURNMENT Fri 401� City of Eap ma TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR OSBERG DATE: AUGUST 2, 2013 SUBJECT: AGENDA INFORMATION FOR AUGUST 5, 2013 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the August 5, 2013 City Council agenda, the following items are in order for consideration. J Agenda Information Memo August 5, 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 amended minutes of June 25, 2013, Special City Council meeting as presented. The EDA minutes were inadvertently included. To approve the minutes of July 16, 2013, City Council meeting as presented or modified. ATTACHMENTS: Minutes of June 25, 2013, Special City Council meeting are enclosed on page 5 and Minutes of July 16, 2013, City Council meeting are enclosed on pages i through 9- M MINUTES SPECIAL CITY COUNCIL RETREAT TUESDAY, JUNE 25, 2013 5:30 P.M. EAGAN ROOM — EAGAN MUNICIPAL CENTER City Councilmembers present: Councilmembers Bakken, Fields, Hansen and Tilley. Mayor Maguire arrived at 5:36 p.m. City staff present: City Administrator Osberg, Communications Director Garrison, Director of Finance Pepper, Director of Parks and Recreation Johnson, Recreation Supervisor Andersen, Director of Community Development Hohenstein, City Engineer Gorder, Human Resources Manager Peterson, Police Chief McDonald, and Fire Chief Scott. ROLL CALL AND ADOPTION OF AGENDA Councilmember Bakken moved, Councilmember Hansen seconded a motion to adopt the agenda as presented. Aye:4 Nay:0 VISITORS TO BE HEARD There were no visitors to be heard. REVIEW FEEDBACK ON PUBLIC ART RECOMMENDATIONS City Administrator Osberg introduced the item and provided a brief background. Director of Parks and Recreation Johnson noted the City received a Creative Intersections grant from the Metropolitan Regional Arts Council in 2012 that included $5,000 to fund the fabrication and installation of a "Big Impact" piece of artwork in the community. At the direction of the Council, a committee was made up of representatives from Eagan Parks & Recreation, Eagan Art House, and the Eagan Art Festival Board who reviewed the public comments and is making recommendations to the Council for purchase. The Council discussed the feedback and recommendations on the public art. Councilmember Tilley moved, Councilmember Fields seconded a motion approve the purchase and installation of "Metamorphosis" sculpture by Marvin Smith on the Eagan Art House Grounds in Patrick Eagan Park with grant funding from Metropolitan Regional Arts Council. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Fields seconded a motion approve the purchase and installation of "Sentience" sculpture by Marcia McEachron on the Eagan Art House Grounds in Patrick Eagan Park with funding from the Park Site Fund. Aye: 5 Nay: 0 Special City Council Minutes June 25, 2013 Page 2 OTHER BUSINESS There was no other business to be heard. DISCUSS NEXT STEPS ON THE DEVELOPMENT OF 2013 -2014 CITY GOALS City Administrator Osberg introduced the item and provided background on the progress to -date on the 2013 -2014 City goals. The City Council discussed the next steps in the goals preparation process and directed staff to further discuss the Vision Statement at a future Senior Management meeting. ADJORN Councilmember Tilley moved, Councilmember Fields seconded a motion to adjourn the retreat at 8:50 p.m. Aye:5 Nay:0 Date Mayor Deputy Clerk 101 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota JULY 16, 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 and Hansen. Councilmember Tilley was absent. A regular meeting of the Eagan City Council was held on Tuesday, July 16, 2013 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen. Also present were City Administrator Osberg, Director of Community Development Hohenstein, Director of Public Works Matthys, Director of Parks and Recreation Johnson, Director of Communications Garrison, Fire Chief Scott, Police Chief McDonald and Executive Assistant Stevenson. AGENDA City Administrator Osberg noted the addition of Consent Item G — to Approve Fire Administration Building Real Estate Listing. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye:4 Nay:0 RECOGNITIONS AND PRESENTATION There were no recognitions or presentations. CONSENT AGENDA Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the Consent Agenda as amended: Aye: 4 Nay: 0 A. It was recommended to approve the minutes of June 25 and July 2, 2013. B. There were no Personnel Items to approve. C. It was recommended to approve check registers dated June 28 and July 5, 2013. D. It was recommended to approve a service contract with Whitewater Wireless Incorporated to provide maintenance services for the City's Outdoor Warning Sirens. E. It was recommended to approve a contract with Tracker Products who will provide evidence tracking software for the Police Department. F. It was recommended to adopt a Resolution supporting the Mendota — Lebanon Greenway. G. It was recommended to approve the Fire Administration Building Real Estate Listing. H. It was recommended to approve a Special Assessment Policy Amendment — Street Signs. I. It was recommended to approve Plans and Specifications for City Contract 13 -06 (2013 City - Wide Parking Lot Improvements) and Authorize Ad for Bids August 15, 2013. J. It was recommended to approve Mobile311 Customer Agreement. K. It was recommended to initiate Vacation of Public Easements — Cedar Grove Area (East End) and Schedule Public Hearing for August 20, 2013, L. It was recommended to initiate Vacation of Public Right -of -Way — Cedarvale Boulevard — Cedar Grove Area (East End) and Schedule Public Hearing for August 20, 2013. M. It was recommended to approve a Well Agreement Amendment with Argosy. 1-1 City Council Meeting Minutes July 16, 2013 2 page N. It was recommended to approve a Memo of Understanding with the Minnesota Off -Road Cyclists for the Lexington Diffley Bike Park. 0. It was recommended to approve AccessEagan non - exclusive Access and Use Agreement with Velocity Telephone Inc. P. It was recommended to approve Off -Sale 3.2 Percent Malt Liquor (beer) License for Daisy Petroleum, Inc., Located at 4198 Pilot Knob Road. PUBLIC HEARINGS LAKESHORE TOWNHOMES EASEMENT VACATIONS City Administrator Osberg introduced the item noting on May 30, 2013, City staff received a petition from Dakota County CDA, requesting the vacation of a public ponding easement on property identified as PIN 10- 01000 - 570 -11. The purpose of the request is to allow the recording of a final plat of the properties for the proposed Lakeshore Townhomes development. Osberg noted the vacation of the easement would clean up the proposed plat by avoiding any underlying recorded dedications. The final subdivision for this development was approved by the Council at the July 2, 2013 meeting. Public Works Director Matthys gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve the vacation of a public ponding easement located on property in the East % of the West %z of Section 10, Township 27, Range 23, and authorize the Mayor and Deputy City Clerk to execute all related documents. Aye: 4 Nay: 0 OLD BUSINESS There was no old business to be heard. NEW BUSINESS There was no new business to be heard. LEGISLATIVE/ INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative /intergovernmental affairs update to be heard. ADMINISTRATIVE AGENDA There were no administrative comments to be heard. There were no visitors to be heard. VISITORS TO BE HEARD 11 City Council Meeting Minutes July 16, 2013 3 page ADJOURNMENT Councilmember Hansen moved, Mayor Maguire seconded a motion to adjourn the meeting at 6:42 p.m. Aye:4 Nay:O Date Mayor Deputy Clerk q Agenda Information Memo August 5, 2013 Eagan City Council Meeting There are no HR agenda items. B. PERSONNEL ITEMS 10 Agenda Information Memo August 5, 2013 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated July 19 and July 26, 2013 as presented. ATTACHMENTS: • Check register dated July 19, 2013 are enclosed without page number • Check register dated July 26, 2013 are enclosed without page number 11 Agenda Information Memo August 5, 2013 City Council Meeting D. CANCEL THE NOVEMBER 12, 2013 SPECIAL CITY COUNCIL MEETING ACTION TO BE CONSIDERED: To cancel the November 12, 2013 Special City Council meeting FACTS: • Per the request of the City Council, the November 12, 2013 Special City Council meeting is proposed to be cancelled. ATTACHMENTS: None 0 Agenda Information Memo August 5, 2013, Eagan City Council Meeting F. ADOPT A PROCLAMATION RECOGNIZING AUGUST 6, 2013, AS "NATIONAL NIGHT OUT" IN EAGAN ACTION TO BE CONSIDERED: To recognize August 6, 2013, as National Night Out in Eagan FACTS: • Tuesday, August 6, 2013, is the 30th annual National Night Out celebration. • National Night Out is sponsored by National Association of Town Watch (NATW). • In order to utilize the National Night Out slogan, Eagan must be a member of NATW. • It costs the City $25.00 for membership. The city purchases nothing else from NATW. • Membership in NATW entitles police staff to free training and publications related to crime prevention. • The City of Eagan has participated in National Night Out since 1998 (15 years). • Participation has grown every year in Eagan. To date, over 150 neighborhoods have indicated they will participate in the celebration. • Eagan residents are asked to join millions of their fellow citizens across the United States in this celebration of Community, Crime Prevention and strong police /community partnerships. • Strong neighborhoods are essential to public safety and homeland security. • From 5:30 to 9:30 p.m., residents are encouraged to lock their doors, turn on outside lights and spend the evening outside with their neighbors. • Police and Fire units will visit approximately 150 neighborhood gatherings. • Registration can be done on -line at www.cityofeagan.com /nno or by calling 651 -675- 5727. • For questions or more information, please contact the Eagan Police Department Crime Prevention Unit at 651- 675 -5727. ATTACHMENTS: National Night Out proclamation on page H V CITY OF EAGAN PROCLAMATION NATIONAL NIGHT OUT 2013 WHEREAS, the National Association of Town Watch (NATW) is sponsoring a unique, nationwide, crime, drug and violence prevention program on August 6th, 2013, called "National Night Out "; and WHEREAS, the "30th Annual National Night Out" provides a unique opportunity for Eagan to join forces with thousands of other communities across the country in promoting cooperative, police- community crime prevention efforts; and WHEREAS, the Eagan Police Department plays a vital role in crime, drug and violence prevention efforts and is supporting "National Night Out 2013" locally; and WHEREAS, it is essential that all citizens of Eagan be aware of the importance of crime prevention programs and the impact that their participation can have on reducing crime, drugs and violence in Eagan; and WHEREAS, police- community partnerships, neighborhood safety, awareness and cooperation are important themes of the "National Night Out" program; NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby call upon all citizens of Eagan to join with the City of Eagan and the National Association of Town Watch in supporting "30th Annual National Night Out" on August 6th, 2013. BE IT FURTHER RESOLVED that the Mayor and Council do hereby proclaim Tuesday, August 6th, 2013 as "National Night Out" in the City of Eagan. Motion made by: Seconded by: Those in favor: Those against: Dated: CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its City Clerk CERTIFICATION I, Christina Scipioni, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this , 2013. Christina Scipioni, City Clerk H Agenda Memo August 5, 2013 City Council Meeting G. APPROVE a Joint Powers Agreement between the City of Eagan and the St. Paul Port Authority to implement and administer a Property Assessed Clean Energy Program (MN PACE) on behalf of the City of Eagan. ACTION TO BE CONSIDERED: APPROVE a Joint Powers Agreement between the City of Eagan and the St. Paul Port Authority to implement and administer a Property Assessed Clean Energy Program (MN PACE) on behalf of the City of Eagan and direct the Mayor and City Clerk to sign all appropriate documents. FACTS: • In an effort to advance the City's energy efficiency, sustainability and economic development goals, the Eagan Energy and Environment Advisory Commission recommended that the Eagan City Council authorize staff to develop and execute a PACE program that secures financing for energy efficiency and renewable energy projects via voluntary property tax special assessments. • MN Statue 216C.436 enables Minnesota cities to offer PACE financing. The City of Edina is currently the only city to have financed a project in this manner. • The Council received the EEAC's recommendation at the June 11, 2013 Special City Council meeting and directed staff to develop a PACE program. • City staff from the Community Development and Finance Departments along with the EEAC Staff Liaison have been in conversation with the St. Paul Port Authority to develop a joint administration of PACE and other business development financing options for Eagan -based businesses. • The City Attorney's Office has reviewed the attached Joint Powers Agreement between the City of Eagan and the St. Paul Port Authority. ATTACHMENTS: • Joint Powers Agreement on pages Il0- L�5 4 Port Authority of the City of Saint Paul Property Assessed Clean Energy Program .' V (MN PACE) JOINT POWERS AGREEMENT Saint Paul Port Authority 850 Lawson Commons 380 St. Peter Street Saint Paul, MN 55102 (651) 224 -5686 (651) 223 -5198 (fax) www.sppa.com REV 07/15/2013 9840817v4 I(�o JOINT POWERS AGREEMENTt This Agreement, made and entered into as of the day of , 20_, by and between the Port Authority of the City of Saint Paul (the "Port Authority "), a body corporate and politic, and the City of , Minnesota, a municipal corporation (the "City "), provides as follows: WHEREAS, the Port Authority has been engaged in governmental programs for providing financing in the City of Saint Paul and in other areas of the State of Minnesota (the "State ") by making loans evidenced by various financing leases and loan agreements, and in the process of operating these program the Port Authority has developed a high degree of financial expertise and strength; and WHEREAS, Minnesota Statutes, Sections 216C.435 and 216C.436 and Chapter 429 (the "Act ") authorize the City to provide for the financing of the acquisition and construction or installation of energy efficiency and conservation improvements (the "Improvements ") on properties located within the boundaries of the City through the use of special assessments; and WHEREAS, the Act authorizes the City to designate a local government unit other than the City to implement the program under the Act on behalf of the City; and WHEREAS, the City has identified one or more projects within the boundaries of the City that will result in Improvements in need of financing, and has adopted its Resolution No. (a copy of which is attached hereto as Exhibit A) to designate the Port Authority to implement and administer a program on behalf of the City to finance such Improvements; and WHEREAS, the Port Authority has created a program under the Act known as the Property Assessed Clean Energy Program ( "MN PACE ") for purposes of implementing and administering the activities described in the Act, and the Port Authority is willing to implement and administer that program on behalf of the City as requested herein; and WHEREAS, the Improvements will serve citizens of the City of Saint Paul and the City, as well as Ramsey and Counties and the State of Minnesota. NOW THEREFORE, in consideration of the mutual covenants herein made, the parties to this Agreement hereby agree as follows: 1. The Port Authority shall exercise the powers of the Act on behalf of the City by utilizing to provide financing for Improvements located within the boundaries of the City. Except as otherwise provided in this Joint Powers Agreement, the Port Authority shall be solely responsible for the implementation and administration of MN PACE and the financing of the Improvements. t Revise as needed to reflect Host Jurisdiction. 98408170 III 2. In connection with its implementation and administration of MN PACE, and its financing of the Improvements located within the boundaries of the City, it is anticipated that the Port Authority will enter into various agreements with persons wishing to obtain financing for Improvements located within the boundaries of the City as well as with sources of financing for such Improvements (collectively the "Program Documents "). 3. The Port Authority will charge a fee for its implementation and administration of MN PACE, which fee will be described in, and payable under, the Program Documents. 4. The Port Authority will have the sole duty and responsibility to comply with or enforce covenants and agreements contained in the Program Documents. This power shall specifically include the responsibility for monitoring and enforcing compliance with the provisions of the Program Documents. 5. The source of funds to finance the Improvements shall be a taxable special assessment revenue bond (the "Bond ") issued by the Port Authority in favor of Bremer Bank (the "Lender "), pursuant to which the Lender will advance funds under the Program Documents. 6. The Bond shall be a special /limited obligation of the Port Authority, payable solely from special assessments levied by the City as provided herein. The Bond and interest thereon shall neither constitute nor give rise to a general indebtedness or pecuniary liability, or a general or moral obligation, or a pledge or loan of credit of the Port Authority, the City, the City of Saint Paul or the State of Minnesota, within the meaning of any constitutional or statutory provision. To that end, the Port Authority hereby agrees to indemnify and hold harmless the City from and against any claims or losses arising out of the failure of the Port Authority to provide for the payment of principal of, and the interest or any premium on the Bond, from special assessment payments actually paid to the Port Authority by the City. This indemnity shall not, however, be construed to relate to any claims or losses which might arise by virtue of the exercise, by the City, of its governmental powers in connection with the Project, or by virtue of the failure of the City to levy and collect special assessments with respect to the Improvements or promptly remit such special assessment payments to the Port Authority as provided in the Program Documents. 7. As and for its contribution to the financing of the Improvements, and as provided in the Act, the City shall impose and collect special assessments necessary to pay debt service on that portion of the Bond attributable to the Improvements located within the boundaries of the City. Evidence that the City has imposed such special assessments is a precondition to the Port Authority's obligation to provide financing to any Improvements located within the boundaries of the City. 8. Once the City has imposed special assessments to finance Improvements located within the boundaries of the City, the City shall collect and transfer all collections of the assessments upon receipt to the Port Authority for application to the payment of the Bond. The City will take all actions permitted by law to recover the assessments, including without limitation, reinstating the outstanding balance of assessments when the land returns to private ownership, in accordance with Minn. Stat. Section 429.071, Subd. 4. The City acknowledges 3 Joint Powers Agreement 9840817v4 V that the Lender is a third -party beneficiary of the City's covenants herein with respect to the imposition, collection and transfer of special assessments described herein. 9. Unless otherwise provided by concurrent action of the Port Authority and the City, this Agreement shall terminate upon the retirement or defeasance of the Bond, and this Agreement may not be terminated in advance of such retirement or defeasance. 10. This Agreement may be amended by the Port Authority and the City, at any time, by an instrument executed by both of them. No amendment hereof may be entered into by the Port Authority or the City, however, if the effect of such amendment would impair the rights of the holder of the Bond, unless such holder have consented to such amendment. 11. This Agreement may be executed in any number of counterparts, each of which when taken together shall constitute a single agreement. [Remainder of page intentionally left blank] q Joint Powers Agreement 9840817v4 WWI 1 IN WITNESS WHEREOF, the Port Authority and the City have caused this Agreement to be executed on their behalf, by their duly authorized officers, as of the day and year first above written. PORT AUTHORITY OF THE CITY OF SAINT PAUL By: Its President By: Its: Chief Financial Officer CITY OF , MINNESOTA By: Its: By: Its: S -1 Joint Powers Agreement C) 0 Agenda Information Memo August 5, 2013 Eagan City Council Meeting H. Approve funding of the Holden property purchase and related architectural consulting services from General Fund balance. ACTION TO BE CONSIDERED: To approve funding of the Holden property purchase in the amount of $625,000 and related architectural services with CNH Architects in the amount of $25,800 from the General Fund balance. FACTS: • At its June 4 regular meeting, the City Council approved purchase of the Holden property and a related architectural services agreement with CNH Architects. The property was identified as a potential fire station site as pant of a consolidation plan. • At the June 4 meeting, the Council directed the Finance Committee to identify a funding source for these costs. • On July 24, the Finance Committee recommended the General Fund balance as the funding source. The current General Fund balance exceeds the Council's target range of 40 -45% of next year's budget by approximately $1.5 million. • In consultation with the City's independent auditor, KDV, about the appropriate accounting, it is recommended that we transfer $650,800 out of the General Fund into the Community Investment Fund (CIF), and then record the property purchase and architectural services costs as expenditures in the CIF. This accomplishes the Finance Committee's recommendation for funding from the General Fund balance while maintaining the integrity of reporting of operations in the General Fund. This is similar to the accounting of the $1.5 million appropriated from the General Fund balance in 2011 to pay for a portion of the Fire Safety Center project. Appropriate footnote disclosure will be made in the annual financial statements. ATTACHMENTS: • None Consent Agenda Information Memo August 5, 2013 Eagan City Council Meeting I. SOUND AMPLIFICATION PERMIT — FAITHFUL SHEPHERD ACTIONS TO BE CONSIDERED: APPROVE a Sound Amplification Permit and Waiver of fee for an outdoor event with electronic sound system /audio equipment use after 10 p.m. to be held on September 21, 2013 at 3355 Columbia Drive. FACTS: ➢ An outdoor event with musical entertainment past 10 p.m. requires a permit and approval from the City Council and is subject to the requirements outlined in City Code Chapter 10, Sec. 10.31. Eagan PD has reviewed and signed off on the application. ➢ Faithful Shepherd is planning the 10th Annual SeptemberFest school fundraiser outdoor event September 20 -22, 2013. The live music for which the sound amplification permit is required is planned for Saturday the 21st from 4:00 p.m. until 12:00 midnight. The event will occupy the entire parking lot on the west side of the building. ➢ Surrounding uses within '/ mile are industrial to the north and east, business park to the west, and multi- family residential, public facility and mixed planned development property to the south. The stage and amplification equipment will face north, toward the industrial area. ➢ A temporary liquor license is also part of the request for this event. A temporary barrier prevents unauthorized access to the event. Access is required through the entry gate check -in at the south. ➢ Due to a south - facing stage, the 2008 event generated several complaints. Subsequent years, with the stage and speaker layout facing north, the noise complaints were reduced dramatically. In 2012, a complaint was received from the residential area south of Duckwood Drive. ➢ The applicant is requesting a fee waiver for the sound amplification permit. ATTACHMENTS: (2) Location Map on page o2 A copy of the applicant letter, permit, site plan and radius map is attached on pages aq through aC_� + r Lone Oa Rd Y.ak.. Doodl. Rd DlRley Rd CIIRRd ' °� ....� -Ma6W a--U en{.. ..a Septemberfest nu June 6, 2013 City of Eagan City Council 3830 Pilot Knob Road Eagan, MN 55122 Dear City Council Members: I respectfully request that the Eagan City Council waive the $75.00 application fee for a Sound Amplification Permit for Saturday, September 21st . We are holding our annual "Septemberfest" at Faithful Shepherd Catholic School and Tri- Parish Center. The purpose of "Septemberfest" is fundraising. All proceeds from the event will go to the school. Faithful Shepherd Catholic School will follow the City of Eagan's Noise Ordinance Amendment by incorporating procedures that will be followed to limit objectionable noise levels. If you have any questions, I can be reached at 612- 414 -0499. Thank you for your consideration. lly submitted, Ydd Corbo & Robin Hicks -Corbo Chairs, Eagan's SeptemberFest " 6 r DV-A FEE WAIVER REQUEST Use BLUE or BLACK Ink Afthn r" — — — — — — — — — — — — — — — — — For Office Use City of E Permit #: ,Oct 71�t'd I I 3830 Pilot Knob Road )( }il l �' '' i Permit Fee: Eagan MN 55122 Phone: (651) 675 -5690 Date Received: Fax: (651) 675 -5694 I I Staff: --- - - - - -- 2013 SOUND AMPLIFICATION PERMIT (OUTDOOR EVENTS AFTER 1OPM) ✓ Eagan City Code Section 10.31 requires a permit for outdoor electronic sound system / audio equipment use after 10:OOPM. A completed written application meeting the requirements of Section 10.31, accompanied by a payment of $75.00 and a site plan must be filed with the Community Development Department three full weeks in advance of the City Council meeting at which it will be considered. A copy of Section 10.31 is attached for your use. ✓ Sound produced under the permit shall not exceed the maximum allowable sound pressure level as measured by Type 1 or 2 decibel meter, using the A- weighted fast response scale meeting ANSI Specifications, Section 1.4 —1971. o '/a mile radius from the property line, 3 -5 feet above ground level — 55 decibels o % mile radius from the property line, 3 -5 feet above ground level — 50 decibels ✓ City Council approval is also required in instances where liquor will be present. In those cases, you may submit the liquor license application at the same time sound amplification permit so both may be considered at the same City Council meeting. ✓ PLEASE PRINT ALL INFORMATION REQUESTED ON THIS APPLICATION Name: FAIT -HFVti SHGPRWL0 4Prrrtot,tC, StxtoyL_ Applicant (Individual Address: _S3 ST CvGtl(NN A 7) (Lt V t:' organizing event) Phone: (p$-1 - Lj l{' -'y� 1� Alternative Phone: (0( L- L41L( Fax: (05( -406- �� '13 Email: Name of individual ` responsible for event: Rod I o + 0 t153 tP►�N.tr�runS C�- Contact phone fJIW'ttutiE Address: � 1 �� —r;Tcb IT during the event: Event Contact. Phone: (M - 3 3 7 ` �p �") l( Alternative Phone: information* (� 0.ice.® M . ` Fax: Email: * This person must be present at all times during the event and act as the on -site contact for City officials during the event. The applicant and the contact person shall be responsible for compliance with the terms and condition imposed by the permit and Section 10.31. The applicant or contact person shall maintain the permit on the permitted premises at all times during which the permitted electronic sound system or audio equipment is in use. The permit shall be presented to any City official or law enforcement officer upon demand. Address of event: J3 (.O LVMA(p� pru r 15ac le- (er„rki ne 10+ Purpose of event: &i Afo+%stwy goxy Date(s) of event & Al day(s) of the week: } AWN go) 3 Event D:etatls '' L Times of event: Start: 4: 00 PM Finish: 17--CV FVt4 iNlJdntc�T Set up begins at: 1iyG� Take down completed i*MYI (Date I Time) ��ypi �3 oft by: (Date I Time) _ n sr f 1,3 y :rte pM Maximum number of people in attendance on any day: qV(A 2013 SOUND AMPLIFICATION PERMIT Page 1 of 3 Description of electronic sound system or audio equipment: &YA SnurVA 5454 t','„ % -Cw- AV Type of sound to be generated (live music, recorded music, announcements, speeches, etc): Uy— most t, 110— 115 D b Sound will be generated during these hours each day: )2 CU tAictAiSLJ Name of contractor / individual responsible for sound: 5Ct b N.A tt i m %, Address: ZLI94 Co. 2eJ B, 44.11mc, , �n1 �b33ri EW,,,,�-n�tt: SANDY s Phone: � 'f�� '3�8� Alternative Phone: to/ Z t3 3 2 Will there be hired speakers / performers at the event? ® Yes ❑ No If yes, name individuals Description of entertainment to be provided: is�t Crsv�✓ rzoat PA, si G Tt vv-(. K&4(� �c.cn�ti 1 i0 3f Wo,.no.� 0&4— Cam, r� s �� Name Address P�y� (�t�tes 'riM -c c�wijc.. Pkuw City / State / Zip lIw>f C,." C,� Mej rr3 Name Address City / State / Zip Name Address City / State / Zip Will food or alcohol be served at the event? rr If yes, describe: QrtivtCeLO� �t �InC_ (� �w,n�� IS Yes ❑ No NOTE: Additional Permits may be necessary seI LA 'A td'-Ae— Pe-pt Describe the event in detail. t� Li y'C M4,4 i O ', q &�U o AGE P A& IV4,31 C Le ' Mi o1�1 �►�'t" ® Attach 2 copies of a Site Plan. Include location of tents, stages, booths, first aid / relief stations, dumpsters, portable toilets, sound amplification equipment, signs and banners. Be specific as to the placement of sound system speakers and the direction the sound will travel. NOTE: Additional Permits may be necessary 2013 SOUND AMPLIFICATION PERMIT Page 2 of 3 NE List the cities in which the applicant or contact person has been issued a similar permit in the last five (5) years by this city or any other municipality or government entity with authority to issue such similar permit. Include contact information for the permitting entity and a statement as to whether the applicant or contact person was or was not in violation of any term or condition of the permit. 21v0 3 -2,0)Z The City Council may deny the permit if the proposed use of electronic sound system or audio equipment will adversely affect surrounding properties. The City Council may impose conditions upon the issuance of any permit that are reasonably related to ensure that the sound generated by the permitted sound system or audio equipment does not unreasonably disturb the persons and property surrounding the permitted location. I have received from the City of Eagan a copy of Eagan City Code 10.31 (Noisy Gatherings and Electronic Sound System Equipment) and will familiarize myself with the provisions contained within them. I hereby acknowledge that I have read this application, state the application is correct, and agree to comply with Eagan, MN laws regulating noise and electronic sound systems / audio equipment use a r-t= M, and all other City Codes and State laws. X j obp (.o(Lac) Applicant's Printed Name Signature CP � 20( 3 Date Approved by City Council: CULSE T R P_MI)A ITBrhX. Date 2013 SOUND AMPLIFICATION PERMIT Page 3 of 3 1 x O co CO A, Ale OJT v 4t 47 AN F- z w 0 F- z CC < LU c_) F- z LU �0- co F- z w F- M w 0 cr w co LLJ CL Z (9 i z w LU 0 0 C', 0 On LL z LU j. O 1h U LU w z < lz z LU 0 :E 3 Lu �> UJ > LL Li SITE PLAN r, f' .d,. :c�xt�.«�rf +rRs.>� •`� �f� 4L , ' i s �t� 1 1 s �"r '�3 � � �xi `ate i _ �~ l Y � J � •� t �It �_ ��i +� :,_� f +i �. y `... t >r... 'fit` •�"'.' Ift rl r !� tw � _ 1 - -c r�x11rL�731Iuffill4 t A t,i 1-- i � � � �x 11J� �? s� � ll `t tr }': _ psi• t r; e F' il• ' � `�: E�aithiut eol er'd mum = 0. �•5'`J � � rr— 9 NI � i-5 � � � f � �'3— n t • r" �S ""_fie t r � 1 �? J r eia, Ara ;,.�� : 1 -, r �� ,' T� : F, , , ,,/p :� a � �. ( {� �¢,? =1717 � � �� `� \ \�5� i[ ��` -: ..: � t i �•��' i 1 • ' � t � �'i °(> Pt ; w µ� ' of r- � . • � - L _ r y J, -�`� -'t P.. J i.�r(° �� r T t a �` 22 •'� -/_ fb �; �.�:� ,�,.- tYk X t�1 �Uy k i �_J,� ��' � +j '.t�` �'a�� ,� (�5..,e._,`47 -'M ��-r �` �� :�� fi - �t "�..� r( '�' F r---- '�Y'�, �'`•1s r �>: Il ''! _Jr 1 , 5�.-.� �1�'� t4r4i � � r � �T�.� *� T } G��'� ii-. J! • �'iL�� T"}�. � �i � -„` -3`�T 1 '4r7 (� ; =, - Ile, t,. _ � .JJX • .mot ?I r" ,�lar e'I :={ Nl si f :t r J 1 a'. 4 MA r l L S t -7= �K ..y it}0 Y iY +il „`„'T� y.'}.•,I:�`i., ?la ek4j, L Consent Agenda Information Memo August 5, 2013 Eagan City Council Meeting J. DIRECT ORDINANCE REVIEW OF SENIOR HOUSING DEVELOPMENT STANDARDS — CITY OF EAGAN ACTION TO BE CONSIDERED: Direct the Advisory Planning Commission and staff to review current development standards associated with senior -only housing. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The City Council recently approved a senior housing development. Part of the Council review and discussion of that development proposal centered on the current "one size fits all" multi - family zoning and bulk standards in the City Code. ➢ Subsequent to action on that item, the Council suggested a review of the City's current zoning and bulk standards for senior housing may be appropriate. ➢ Planning staff suggests polling other metro communities and working with the APC to compare and contrast development standards applied solely to senior living facilities versus non -age restricted multi - family housing. ATTACHMENTS: None Agenda Information Memo August 5, 2013 Eagan City Council Meeting CONSENT AGENDA: K. APPROVE A RESOLUTION TO ACCEPT A DONATION OF $1,245 FROM MINNESOTA ENERGY TO PURCHASE A GAS MONITOR AND AUTHORIZE THE NECESSARY BUDGET ADJUSTMENT ACTION TO BE CONSIDERED: To approve a resolution accepting a $1,245 a donation from Minnesota Energy and authorize the necessary budget adjustment. FACTS: Minnesota Energy has donated $1,245 to the Eagan Fire Department for the purpose of the Fire Department to purchase a gas monitor. A thank you letter will be sent to Minnesota Energy from the Fire Department. ATTACHMENTS: • Resolution ?� 3a , EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on August 5t' 2013 at 6:30 p.m. The following members were present: Hansen, Bakken, Fields, Maguire, and Tilley Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the costs to the general public of providing services in Eagan; and WHEREAS, Minnesota Energy has offered to donate a $1,245 for the purpose of the fire department purchasing a gas monitor; and WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two- thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Dakota County, Minnesota, that the donation is hereby accepted for use by the City; BE IT FURTHER RESOLVED, that the City sincerely thanks Minnesota Energy for the gracious and generous donation. ADOPTED this 5th day of August, 2013. Mike Maguire, Mayor ATTEST: Deputy City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member and upon the vote being taken thereon, the following voted in favor: ; and the following voted against the same: WHEREUPON, said resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Clerk or Deputy City Clerk. Agenda Information Memo Eagan City Council Meeting August 5, 2013 Consent Agenda L. APPROVE CONTRACT WITH BUSKE GROUP TO CONDUCT CABLE FRANCHISE NEEDS ASSESSMENT ACTION TO BE CONSIDERED: Approve the contract for consulting services with the Buske Group to conduct a cable franchise needs assessment including identifying current PEG capabilities, current and future cable - related needs in the community, and gathering community and cable subscriber feedback to strengthen customer service standards. FACTS: • On January 30, 2012 Comcast sent the City of Eagan a certified letter formally triggering the three year franchise renewal period. • Eagan's cable franchise expires January 6, 2015. • As outlined to the City Council (on March 13 and September 11, 2012) in previous meetings with our cable franchise attorney, Brian Grogan, several studies should be conducted by the City prior to commencement of negotiations in 2014. • The most important of these studies is called a "Needs Assessment" as it forms the basis for cable franchise renewal negotiations and documents the community's needs and expectations, and must stand up to challenge from the cable provider. • RFPs were sent in early July to four firms who do this kind of work, three of whom returned proposals. Proposals ranged from $11,500 to nearly $42,000. The Buske Group proposal at $39, 945 including all fees and expenses was selected. • The Buske Group is out of Sacramento, CA and it was judged to have the strongest proposal because of its breadth, its experience both nationally and here in the Twin Cities, and its all - inclusive pricing. • The contract has been reviewed and approved by the City Attorney's office. • Other studies currently underway include "look backs" that review the technical performance of the current Comcast system, and a financial review to make sure Eagan has been properly compensated according to the franchise for use of its public rights of way. Those studies should be complete later this year. • The Needs Assessment work will commence immediately as there is much work to be done to prepare for six community focus groups in late fall, online surveys, and review of existing franchise documents and facilities, in advance of preparing a final report in the January, 2014 timeframe. The Buske Group, as part of its work, can brief the City Council or the Finance Committee, as desired, on its findings and recommendations. ATTACHMENTS (0) • The contract is on file with the City Clerk. .33 Agenda Information Memo August 5, 2013 Eagan City Council Meeting M. PARKVIEW GOLF CLUB EASEMENT VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate public drainage and utility easement located on Lotl, Block 1, Parkview Golf Club and schedule a public hearing to be held on September 3, 2013. FACTS: • On July 23, 2013, City staff received a petition from Mike Suel, D.R. Horton, requesting the vacation of existing drainage and utility easements on Lot I. Block 1, Parkview Golf Club. The parcel is located south of Cliff Road and east of Pilot Knob Road in south - central Eagan. • The purpose of the request is to allow the recording of a final plat of the property together with the adjacent unplatted property for the proposed Hillcrest development as a single- family residential development by D.R. Horton. The vacation of the easement would clean up the proposed plat by avoiding any underlying recorded dedications. • The request would vacate all of the public drainage and utility easements within the plat of Parkview Golf Club. • The final plat of Hillcrest Addition will address and incorporate all necessary public drainage and utility easements on this property. • The new final plat will be presented for Council consideration at a future meeting. • Notices for a public hearing will be published in the legal newspaper and sent to all potentially affected and /or interested parties for comment prior to the scheduled public hearing. ATTACHMENTS: • Legal Description, graphic, page 3 • Location Map, page ?)(A SLr W X w z W W W I W A 0 z w w i DUMERRY LANE I I I I T I I I I I I I I I I I I I I I I o ooh U � itl a, a � O N y 0 � N y A O Nd J' O m W � a Y 7�U 0 CU dmaA M Z v W t� N 7, N d O t0 0 n 00 Z W 2 } 3 0 E3 T 3v o X � y O 4 W n sj y T U o� N ti 0 �T A O � W NZ ;c y ca G 0 0 z z M..6Z, t50oos 59'99Z II I SAg0,g I I L7 ,;v cr� I I N 3 a to 0 I O to OD N 7 t (.a I I � I -- — _- .1.._. 99'99Z I F 3 „5£,15o00N vi O W LL z w cn U H6 OD � =w xz w za w 2 (no 6� U Z H� d � w C9 q w 3 Frc Q N tyg� �' °Ha oes o� 0 m� Y o U UJ U O N N • oL a CLIFF ROAD m Z 0 J UL EASEMENT VACATION LOCATION Proposed Easemant Vacation Location Map Fig. 1 Lot 1, Block 1, Parkview Golf Club Cityof Eakan �Z-)o L:User /Engineer /Easement Vacation Graphic/ Parkview Golf Club Agenda Information Memo August 5, 2013 Eagan City Council Meeting N. INFLOW & INFILTRATION (I &I) PROGRAM SURCHARGE APPEALS ACTION TO BE CONSIDERED: Approve the recommendations of the Public Works Committee regarding various appeals to Inflow & Infiltration (I &I) Program surcharges. FACTS: • On September 1, 2009, the City Council adopted an amendment to City Ordinance 3.40 regarding the Rules and Regulations relating to Sanitary Sewer Service that requires compliance with a mandatory inspection program and any related corrective work orders. • On December 15, 2009, the City Council implemented the Inflow and Infiltration (I &I) Inspection Program /Policy to eliminate clearwater flow from the sanitary sewer system. • Part of the amendment, and accordingly the I &I Inspection Program, incorporated a fee schedule that provided for a surcharge to be placed against utility billing accounts for those properties that either didn't schedule an inspection or did not complete a resulting corrective work order within the prescribed time frame. • At the November 10, 2009 Council Workshop, the Council directed the Public Works Director to adjudicate all surcharge appeals and authorized the director to reduce multiple levied surcharges to one month's worth as may be deemed appropriate. • The Surcharge Fee is $150 per month for Single Family properties and $500 per month for all others. As of July 26, 2013, the City has levied approximately 1271 surcharges (140 of these being removed) totaling over $144,550. Several of these surcharges represent multiple months for the same property. • To date, staff has received 57 surcharge appeals (0.3% of all I &I inspected properties). In anticipation of such appeals, the Council directed the Public Works Committee to review any appeals and provide their recommendation back to the Council under the Consent Agenda. Staff has recently heard from 7 of these properties who want to appeal their remaining surcharge(s). • On July 16, 2013, the Public Works Committee addressed the following surcharge appeals with the corresponding recommendations for the Council's action. As a result of their review, 7 of the appeals are recommended to be granted with related surcharges waived. • Lisa Nelson, 3942 Worchester Drive - Remove $150 surcharge • George Snyder, 1537 Clemson Drive Unit A - Remove $150 surcharge • Sanjay Verma, 1621 Oakbrooke Drive - Remove $150 surcharge • Brian Nepstad, 4235 Carlson Lake Lane North - Remove $150 surcharge • Trung Do, 4439 Slater Road - Remove $150 surcharge • Sean Slattery, 1521 Woodview Avenue West - Remove $150 surcharge • Dennis Bernier, 1533 Clemson Drive Unit A - Remove $150 surcharge �3r) Agenda Information Memo August 5, 2013 Eagan City Council Meeting O. CONTRACT 13 -07, CITYWIDE TRAIL IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the bids for Contract 13 -07 (Citywide Trail Improvements) and award the contract to McNamara Contracting, Inc. in the base bid amount of $514,973.25 and authorize the Mayor and Deputy City Clerk to execute all related documents. FACTS: • Contract 13 -07 provides for the maintenance overlay of existing bituminous trails in the following locations: o Diffley Road, South Side (Nicols Road to Cedar School) - 450' o Diffley Road, North Side (Diamond Drive to Topaz Drive) - 600' o Diffley Road, North Side (Dodd Road to Countryside Dr.) - 1,610' o Diffley Road, South Side (Pilot Knob Rd to Dodd Rd) - 9,935' o Diffley Road, North Side (Pilot Knob Rd to Braddock Trail) - 8,125' o Pilot Knob Road, West Side (Diffley Rd to Walfrid St) - 1,965' o Pilot Knob Road, East Side (Diffley Rd to Wilderness Run Rd) - 2,625' o Pilot Knob Road, East Side (Lakeside Dr to Cliff Rd) - 1,215' o Lexington Ave, East Side (365' So of Golfview Dr to Diffley Rd) - 9,040' o Lexington Ave, West Side (Wescott Road to Diffley Road) - 5,314' o 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. • On July 2, 2013, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 13 -07. • At 10:30 a.m. on August 1, formal bids from each bidder were received for this contract. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The base bid and past performance of McNamara Contracting, Inc. has been reviewed by the Public Works Department (Engineering Division) and found to provide the best value and is in order for favorable Council action. ATTACHMENTS: • Bid Summary Tabulation, page 3r1 ME BID SUMMARY 2013 CITY -WIDE TRAIL IMPROVEMENTS CITY CONTRACT 13 -07 Bid Date/ Time: 10:30 a.m., Thursday, August 1, 2013 Contractors Total Base Bid 1. McNamara Contracting, Inc. $ 514,973.25 2. Bituminous Roadways, Inc. $ 529,769.00 3 Northwest Asphalt, Inc. $ 794,298.30 0) � Agenda Information Memo August 5, 2013 Eagan City Council Meeting P. CONTRACT 14 -02, CENTRAL MAINTENANCE CAMPUS GENERATOR ACTION TO BE CONSIDERED: Award Contract 14 -02 (Central Maintenance Campus - Generator) to PowerSecure Inc. in the amount of $1,055,195.00 and authorize the Mayor and Deputy City Clerk to execute all related documents. FACTS: • The Central Maintenance Facility (CMF) and Campus house the majority of the City's Public Works /Parks maintenance equipment, the north water treatment plant, three deep municipal water wells, and a pumping station. • The CMF campus infrastructure and equipment is critical to ensuring the public operational and maintenance services, as well as supplying safe drinking water, at all times and under any circumstances. • The campus generator and backup electric power supply would: • Reduce annual electric operating expenses by 35 % ($141,000) to Utilities, Streets, and Parks Maintenance by taking advantage of Dakota Electric's Full Load Management tariff for a 7.5 to 10 year payback • Provide emergency power, load curtailment, and load management to the entire CMF campus (similar to the City Hall Campus) • Improve reliability of public water supply, treatment, and distribution by assuring operation during electrical system outages • Increase Public Works and Parks Maintenance operations reliability and response by assuring continued facility operation • The proposed CMF campus backup power generator and associated switchgear are programmed for 2014 in the City of Eagan's 5 -Year Capital Improvement Program (Part 111 2014-2018) approved by the City Council on June 4, 2013. • The project is a cooperative effort with Dakota Electric Association, is considered "turnkey ", and covers all materials, labor, and insurance to install and test the power generation system, and reconfigure the campus electric system. The project cost does not cover operation and maintenance costs. • The contract has been reviewed by Public Works staff and the City Attorney, and found to be in order for favorable Council action. IN Agenda Information Memo August 5, 2013 Eagan City Council Meeting Q. WATER QUALITY COST -SHARE PARTNERSHIP PROGRAM ALL SAINTS LUTHERAN CHURCH – PARKING LOT ACTION TO BE CONSIDERED: Approve a Cost Share, Operation and Maintenance Agreement (All Saints Lutheran Church – Parking Lot Biofiltration Project) with All Saints Lutheran Church to help implement a City of Eagan Water Quality Cost -Share Partnership Project and authorize the Mayor and Deputy 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 providing 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. Total project cost will be approximately $11,800, including an in -kind labor match of about $1,800. • On July 2, 2013, the City Council approved the Program's second project, supporting shoreland buffer improvements at Easter Lutheran Church (Easter by the Lake) on Thomas Lake through a Cost Share, Operation and Maintenance Agreement. This project—the first of two planned water quality projects at this location —will help benefit the lake's water quality (reduce sediment and phosphorus, etc.) while enhancing native plant communities in the shoreland area. Total project cost will be approximately $10,000, including about $2,500 cash match from the church and a significant in -kind labor match. • The Program's proposed third project is construction of a biofiltration basin to treat runoff from the parking lot, rooftop and lawn areas at All Saints Lutheran Church, 3810 Lexington Avenue. This project will help benefit downstream water quality in the Fish Lake watershed (i.e., reduce sediment and phosphorus, etc.). • The church will engage a contractor to construct the biofiltration basin. Volunteer church members will plant native perennials and shrubs within the basin. The church will be responsible for future maintenance of the site, with guidance from the Dakota County Soil & Water Conservation District (DCSWCD). 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 at a total estimated cost of $27,000. The estimated Program cost -share (reimbursement) of $6,500 (Water Quality Fund 1127) will be matched by approximately $3,000 of church in -kind labor and approximately $17,500 of funding from the DCSWCD. K Agenda Memo August 5, 2013 City Council Meeting R. APPROVE a Resolution designating the Port Authority to implement and administer a Property Assessed Clean Energy improvement financing on behalf of the City of Eagan, and providing for the imposition of special assessments as needed in connection with that program. ACTION TO BE CONSIDERED: APPROVE a Resolution designating the St. Paul Port Authority to implement and administer a Property Assessed Clean Energy improvement financing on behalf of the City of Eagan, and providing for the imposition of special assessments as needed in connection with that program and direct the Mayor and City Clerk to sign all appropriate documents. FACTS: • In an effort to advance the City's energy efficiency, sustainability and economic development goals, the Eagan Energy and Environment Advisory Commission recommended that the Eagan City Council authorize staff to develop and execute a PACE program that secures financing for energy efficiency and renewable energy projects via voluntary property tax special assessments. • MN Statue 216C.436 enables Minnesota cities to offer PACE financing. The City of Edina is currently the only city to have financed a project in this manner. • The Council received the EEAC's recommendation at the June 11, 2013 Special City Council meeting and directed staff to develop a PACE program. • City staff from the Community Development and Finance Departments along with the EEAC Staff Liaison have been in conversation with the St. Paul Port Authority to develop a joint administration of PACE and other business development financing options for Eagan -based businesses. • The City Attorney's Office has reviewed the attached Resolution between the City of Eagan and the St. Paul Port Authority. ATTACHMENTS: • Resolution on pages q5-45 L-1a of EXHIBIT A Extract of Minutes of Meeting of the City Council of the City of Saint Paul, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City (the "City "), was duly held at the City Hall in the City, on , 20 , at P.M. The following members were present: and the following were absent: The Mayor announced that the next order of business was consideration of the designation of the Port Authority of the City of Saint Paul to implement and administer a program under Minnesota Statutes, Sections 216C.435 and 216C.436 and Chapter 429 on behalf of the City. Member introduced the following resolution and moved its adoption, the reading of which had been dispensed with by unanimous consent: RESOLUTION NO. RESOLUTION DESIGNATING THE PORT AUTHORITY TO IMPLEMENT AND ADMINISTER A PROPERTY ASSESSED CLEAN ENERGY IMPROVEMENT FINANCING ON BEHALF OF THE CITY, AND PROVIDING FOR THE IMPOSITION OF SPECIAL ASSESSMENTS AS NEEDED IN CONNECTION WITH THAT PROGRAM BE IT RESOLVED by the City Council of the City of as follows: (the "City "), 1. The Port Authority of the City of Saint Paul (the "Port Authority ") has established the Property Assessed Clean Energy Program ( "MN PACE ") to finance the acquisition and construction or installation of energy efficiency and conservation improvements A -1 98408170 q3 (the "Improvements "), on properties located throughout the State of Minnesota through the use of special assessments pursuant to Minnesota Statutes Sections 216C.435 and 216C.436 and Chapter 429 (the "Act "). 2. The City has received and approved one or more applications and petitions for Special Assessments from owners of property located in the City desiring to participate in and receive financing pursuant to the Act. 3. In order to finance the Improvements, the City hereby determines that it is beneficial to participate in MN PACE, and to designate the Port Authority as the implementor and administrator of that program on behalf of the City for purposes of financing Improvements located within the City. 4. The City understands that the Port Authority will issue its MN PACE special assessment revenue bond to finance the Improvements, and that the sole security for that bond will be special assessments imposed by the other cities participating in MN PACE, and . 5. To facilitate and encourage the financing of Improvements located within the City, the City covenants to levy assessments for said Improvements on the property so benefitted, in accordance with the Application and Petition for Special Assessments received from the owner(s) of the Property and approved by the Port Authority. The interest rate on the Special Assessments shall be the interest rate on the Bond, plus %. 6. After imposition of the special assessments, the City shall collect such assessments and remit them to the Port Authority for use in the repayment of the Bond. The City will take all actions permitted by law to recover the assessments, including without limitation, reinstating the outstanding balance of assessments when the land returns to private ownership, in accordance with Minn. Stat. Section 429.071, Subd. 4. The motion for the adoption of the foregoing resolution was duly seconded by Member upon vote being taken thereon the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 9840817v4 CITY OF EAGAN CITY COUNCIL By: Mayor Attest: City Clerk A -2 "1q STATE OF MINNESOTA COUNTY OF ) SS. CITY OF I, the undersigned, being the duly qualified and acting City Clerk of the City of , hereby certify that I have carefully compared the attached and foregoing extract of minutes of a meeting of the City Council of said City held with the original thereof on file and of record in my office and the same is a full, true and complete transcript therefrom. WITNESS My hand officially and the seal of the City this of City Clerk City of Eagan (Seal) A -3 9840817v4 L415 Agenda Information Memo August 5, 2013 Eagan City Council S. EXTENSION OF FINAL PLAT RECORDING (KENNERICK 41h ADDITION) ACTION TO BE CONSIDERED: To approve a 60 day extension of the Final Plat recording (Kennerick 4th Addition), to create one lot upon approximately 1.38 acres located at 1439 and 1443 Lone Oak Road. FACTS: ➢ The City Council originally approved the Final Plat on June 4th, 2013 subject to recording the plat within 60 days. The City is requesting to add a Drainage and Utility Easement over an existing storm sewer pipe. The applicant and surveyor are working with the City of Eagan. ➢ The City is requesting a 60 day extension for the recording of the Final Plat in order to obtain the proper easement. Approval of the extension would extend the recording deadline to October 4th, 2013. ATTACHMENTS: (1) Location Map, page `` 9 Wo Location Map HIGHVIEW AVE - U U � HIGHVIEW AVE w LL 3 Lona Oak w w K .a✓ w ID E IE iv w 7 Yank.. DJ1�111' _ j SOUTHRIDGE AV o Country'H Highview -Park Dlrrlay 0 R R FE 9 An w R eye\ Map Area Extent Subject Site J D] J� W p Z Y Q - w W NO.26= (LONE-OAK W P op 2 W J �j of Y FFP3� w 3 z 3 z p oa Pilot Knob Park 2 LRD w J ® QUARRY O o Moonshine Park A 5 V O} G p J AD o A b Central Park Park b N- m 0 Y Project Name: Kennerick 4th Addition I Fee Request: Final Plat 0 500 1,000 2,000 Case No.: 04- FP- 04 -04 -13 Legend Parcels Buildings / City of Eagan City Parks l / /NN ens � City Boundary Agenda Information Memo August 5, 2013, Eagan City Council Meeting VII. NEW BUSINESS A. COMPREHENSIVE GUIDE PLAN AMENDMENT — GRATUS DEVELOPMENT ACTION TO BE CONSIDERED: To direct staff to submit a Comprehensive Guide Plan Amendment to the Metropolitan Council to change the land use designation from SA/MO (Special Area/Major Office) to SA /MU (Special Area/Mixed Use) for approximately 24 acres located north of Yankee Doodle Road and west of Central Parkway. REQUIRED VOTE FOR APPROVAL: At least four votes. FACTS: ➢ The property has been zoned Agriculture since 1959, and has been cultivated for many years. A single - family home built in 1958 is present in the southwest corner of the site. The property has held various versions of commercial /office land use designations over the years — Research & Developmepnt, Office /Service, and most recently Major Office. ➢ A 2001 proposal by Target Corporation for a Community Shopping Center designation was denied by the City. A 2004 proposal by Paster Enterprises for a Retail Commercial designation was reviewed by the APC and City Council, and ultimately withdrawn by the applicant. ➢ Access is currently provided via Yankee Doodle Road and from Central Parkway via Quarry Road. Mature vegetation and one or more wetlands are present on the property. Surrounding properties consist of office and commercial, as well and medium and high density residential uses. ➢ The submitted Concept Plan incorporates a high density residential use in the northwest portion of the site, while retaining Major Office uses on the remainder (data centers and medical office). ➢ The Central Commons Special Area (adopted in 2010) supports incorporation of housing where possible and establishes goals and policies specific to development and redevelopment in this area. ➢ The proposed Mixed Use designation would allow the proposed high density residential use to be incorporated into development of the property. While the Concept Plan shows other Major Office uses on the balance of the site, all zoning districts (except Estate) including retail and commercial zoning designations, are considered potentially compatible with the proposed Mixed Use land use designation. ➢ If favorably reviewed by the Metropolitan Council, implementation of the land use amendment would be withheld to accompany a specific development plan (Rezoning and Subdivision/Plat) for the property. L[a ➢ Development and compatibility considerations: • Sanitary sewer and water main are available to serve the property • Quarry Road will be required to be extended through the site, to eventually connect with Coachman Road further west. • Additional right -of -way dedication for Yankee Doodle Road will be required with platting of the property • A 100 -foot gas line easement runs through the northwest portion of the site • Existing wetland(s) will require a wetland delineation, and are subject to City ordinances and applicable State Statutes. ➢ A more detailed discussion of the compatibility and development considerations is contained in the staff report. ➢ The Advisory Planning Commission held a public hearing on the proposed land use amendment at the July 23, 2013 APC meeting, and did recommend approval. ISSUES: None 60 -DAY AGENCY ACTION DEADLINE: Not applicable ATTACHMENTS: (3) Location Map, page SO Draft July 23, 2013 APC Meeting Minutes, pages 5I through 55a Planning Report, pages 53 through_ Location Map jg Lone A Rd < .A.. Doodle` 1. Rd C H( ILN- 0 0- 0 Hot Knot 5ED ED AR A D DIM.y Rd CO Rd EB RN EB [E FOUR OAKS RD o o o o 0 < 0 C: - I L J D z MM aim 2 C < 0 M ® �/ Central Park Park at C3 CENTR T (1) MARICE DR 0 af z T <I • Subject Site 0 10 0 [DM_ Quarry-Park El 11DOID01 " �? HN16') UARRY R 001100110 ITY-R ADNO.28 (YANKEE DOODLE ROAD) w EI, 1 T HU E M w in -------- Feet Project Name: Gratus Development 0 500 1,000 2,000 Request: Comprehensive Guide Plan Amendment Case No: 09-CG-04-06-13 Legend Parcels Buildings Parks City Boundary City of Eap 411112111 liq N 50 jg Lone ii Advisory Planning Commission July 23, 2013 Page 6 of 10 C. Gratus Development Applicant Name: Gratus Development Partners LLC Location: N of Yankee Doodle Rd between Coachman Rd and Central Parkway Application: Comprehensive Guide Plan Amendment A Comprehensive Guide Plan Amendment from SA/ MO, Special Area/ Major Office to SA/ MU, Special Area/ Mixed Use. File Number: 09- CG- 04 -06 -13 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated July 17, 2013. Members Dugan and Vanderpoel asked about street access a Road extension and capacity issues at Central Parkway and, Assistant City Engineer Aaron Nelson displayed the and traffic circulation and stated a traffic study woulc applications are submitted. Member Filipi explained this amendment application is would be provided with development applications. Member Supina confirmed that the pro until a rezoning occurs. Applicant Mark McLane O cept PI detail will be forth comb [ Ite I. az ent is Chair Heaney James Kah �i`.. h_boring uses allmI Ag icirculation, the Quarry e Road. isc ss street access when ^_': opment Ittepandtha" rther detail hem w and would remain so a 30,000 -foot view and that more rably by the City. service means in relation to the types of Sar - t Ent ingTif d about impact to the wetlands. She asked if there would be 3m. Quarry ' o the Gramercy parking lot and asked why there is a proposed mefe site a recent closing of a nearby medical facility. There being n( irj comment, Chair Heaney closed the public hearing and turned the discussion back Wi� Mission. City Planner Ridley explained the types of uses proposed. He explained that everyone who received a notice for tonight's meeting will be notified for another Public Hearing when development applications will be considered. He continued to explain that state statute and city code requirements guide the impact to the wetlands and that more information on that issue will be available as development continues. He stated the additional access from Quarry Road to the Gramercy site was anticipated when the Gramercy development was originally approved and the specifics of that connection will be discussed with the future development review process. EA Advisory Planning Commission July 23, 2013 Page 7 of 10 Member Filipi added that it is the APC's role to consider and review the land use question, not the economic viability of a proposal. Member Dugan summarized by saying the question before the APC is whether or not the proposed residential use is a good fit at this location. Member Filipi moved, Member Piper seconded a motion to recommend approval of a Comprehensive Guide Plan Amendment to change the land use designation from Special Area /Major Office to Special Area /Mixed Use, upon approximately 24 acres located north of Yankee Doodle Road and west of Central Parkway. 3 All � tJe PLANNING REPORT CITY OF EAGAN REPORT DATE: July 17, 2013 APPLICANT: Gratus Development CASE: 09- CG- 04 -06 -13 HEARING DATE: July 23, 2013 PROPERTY OWNER: Sara Irrthum and others APPLICATION DATE: June 19, 2013 REQUEST: Comprehensive Guide PREPARED BY: Pamela Dudziak Plan Amendment LOCATION: SW '/ of SE '/ of Section 9 (N of Yankee Doodle Rd. W of Central Pkwy. and E of Coachman Rd.) COMPREHENSIVE PLAN: SA /MO, Special Area/Major Office ZONING: A, Agriculture SUMMARY OF REQUEST Gratus Development is requesting a Comprehensive Guide Plan Amendment to change the land use designation from Special Area — Major Office, to Special Area — Mixed Use, upon approximately 24 acres located north of Yankee Doodle Road and west of Central Parkway. AUTHORITY FOR REVIEW The city's Comprehensive Guide Plan was prepared pursuant to Minnesota Statutes, Section 473.864. As defined by statute, the Land Use Plan is a guide and may be amended from time to time as conditions change. The city's Guide Plan is to be implemented by official controls such as zoning and other fiscal devices. The creation of land use districts and zoning is a formulation of public policy and a legislative act. As such, the classification of land uses must reasonably relate to promoting the public health, safety, morals and general welfare. When a change to a city's Comprehensive Guide Plan is requested, it is the city's responsibility to detellnine if the change is in the best long -range interests of the city. The standard of review of a city's action in approving or denying a Comprehensive Guide Plan amendment is whether there exists a rational basis. A rational basis standard has been described to mean having legally sufficient reasons supportable by the facts which promote the general health, safety and welfare of the city. BACKGROUND /HISTORY Zoning g istory and Surrounding Area — This property is zoned Agriculture and has been cultivated for many years. The Agriculture zoning dates back to 1959 or earlier. The site consists Planning Report — Gratus Development July 23, 2013 Page 2 of two unplatted parcels, and contains a single - family home built in 1958 in the southwest corner. This property has remained in agricultural use while properties around it have developed. In March 2000, the City acquired property in this area for the development of the Community Center and Central Park, located north of the subject site. At the same time, Central Parkway was constructed through this area as a public street connecting Yankee Doodle Road and Pilot Knob Road. Subsequently, the Argosy school was built in this area, adjacent to the northeast of the subject site. The Argosy development left a remnant approximately 3 -acre parcel west of Central Parkway and north of Yankee Doodle Road, which now contains an office building on the north end. Quarry Road is a stub street west of Central Parkway intended to extend westerly to Coachman Road with development of the subject site. To the west, there is Carbone's restaurant, and the Gramercy senior condominium which was built in 1999 -2000. To the south across Yankee Doodle Road is residential development, townhomes (built in 1972) and apartments (built in 1985). Comprehensive Land Use Guide Plan — The city's first comprehensive land use guide plan and map were prepared in 1974. That plan designated the property R &D, Research and Development, and it remained so until 1995. In 1995 the City amended the Comprehensive Guide Plan to designate the area surrounding the convergence of t -35E, Pilot Knob Road and Yankee Doodle Road as CA, Central Area and adopted a small area land use plan for the Central Area. The subject site was included in the northwest quadrant of the Central Area and was identified in the small area plan for major office development. This property was envisioned to complete a corporate campus area which also includes the former Lockheed Martin (1967) building, Unisys (1986) and Delta (1982) office buildings. With the city -wide update of the Comprehensive Guide Plan in 2001, the City adopted the new Special Area land use designation which included this site and had the same boundaries as the previous Central Area. In addition, the R &D land use designation was eliminated and under the new land use designation, properties previously designated R &D were designated either O /S, Office /Service, or BP, Business Park. An updated small area plan in 2003 designated for a land use of Office /Service. The most recent Comprehensive Guide Plan 2030 which was adopted in 2010 updated the goals and policies for this Special Area an designated this site for Major Office use. In February of 2001, Target Corporation proposed a land use amendment and rezoning of this site to CSC, Community Shopping Center. The City Council denied Target's proposal for both the land use amendment and the rezoning. In 2004, Paster Enterprises proposed a similar land use amendment to Retail Commercial for a multiple building shopping center consisting of approximately 177,000 s.£ That proposal was reviewed by the Advisory Planning Commission and City Council, and ultimately was withdrawn by the applicant. tN Planning Report — Gratus Development July 23, 2013 Page 3 EXISTING CONDITIONS The site is presently accessed from the south via Yankee Doodle Road, and from Central Parkway to the east via an existing stub street (Quarry Road). Subdivision or platting of the property will be required as part of future development of the property. The site contains two wetlands totaling 1.8 acres and is traversed by a 100 foot wide gas easement (in the extreme northwest corner of the property). Mature vegetation exists along the site's eastern boundary and in the north - central portion of the site (around a wetland). SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST PROPOSAL The applicant has submitted a conceptual development plan for the site which calls for the construction of a 250 -unit 5 -story multiple residential building two data centers totaling 112,000 s.£ and one two -story office (medical) building. The concept plan does provide for an extension of Quarry Road through the site, and accommodates the gas line easement in the northwestern portion of the property. The Concept Plan shows access from Quarry Road, and no direct access to Yankee Doodle Road. The applicant's narrative indicates the intent to delineate the property into three or possibly four subsections, and develop it with "a Class -A Data Center facility to go on one parcel, ... High Density, self - contained high- amenity luxury market -rate, multifamily on the site adjacent Quarry Existing Use Zoning Land Use Designation North Ponding; Argosy RD, Research and SA, Special Area — Major Office Development South Residential R -4, Residential HD, High Density Residential Multiple and R -3, (12+ u /ac); Residential Townhouse MD, Medium Density Residential (4 -12 u /ac) East Argosy; Office RD, Research and SA, Special Area — Major Office Development West Restaurant; NB, Neighborhood RC, Retail Commercial; O /S, Residential; Business; LB, Limited Office Service; P, Parks and Park Business; and P, Park Recreational Open Space EVALUATION OF REQUEST PROPOSAL The applicant has submitted a conceptual development plan for the site which calls for the construction of a 250 -unit 5 -story multiple residential building two data centers totaling 112,000 s.£ and one two -story office (medical) building. The concept plan does provide for an extension of Quarry Road through the site, and accommodates the gas line easement in the northwestern portion of the property. The Concept Plan shows access from Quarry Road, and no direct access to Yankee Doodle Road. The applicant's narrative indicates the intent to delineate the property into three or possibly four subsections, and develop it with "a Class -A Data Center facility to go on one parcel, ... High Density, self - contained high- amenity luxury market -rate, multifamily on the site adjacent Quarry Planning Report — Gratus Development July 23, 2013 Page 4 Park, and finally a potential Class -A Medical Office building on the remaining acreage." The developer asserts the development as intended is "exceptionally complimentary to surrounding uses" and new residents and employees will be able to utilize the Community Center and local parks. The developer's vision is that this would be "a cornerstone to the city's future vision for the Eagan Central Commons Special Area." ENVIRONMENTAL IMPACTS Gradin Topography - The site is generally open with rolling topography and wooded areas along the east edge and in the north central part of the site. A nature wetland is located in the north central part of the property. The northern two - thirds of the site slopes to the north while the southern one -third slopes south. Elevations range from 850 to 875. Stone Water Drainage — The entire site lies within Drainage District C (as designated in the City Stone Water Management Plan — 1990). The existing site has a split drainage pattern with the northern portion flowing north and the southern portion flowing south. A wetland within the site is not shown on the site plan submitted, but will need to be addressed in accordance with the State Wetlands Conservation Act with any future development. Storm sewer and ponding is available to the north and south to serve this site. Water Quality — Development of this parcel 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 (TS S) Control, and '/2" Volume Control, as applied to the development's proposed impervious areas. Trees/Vegetation — There are approximately 5.3 acres of significant woodlands on the site. The City's Tree Preservation Ordinance sets the allowable removal for this type of development between 30% and 47.5 %. Based on the concept plan submitted, it appears that the proposed development would result in nearly 100% removal of significant vegetation and mitigation would be required. A detailed tree inventory and replacement plan will be required at the time of development. Wetlands - Because there are at least two wetlands on site (City Ponds CP -3.4 and CP -3.5), development of this parcel is subject to Minnesota Wetland Conservation Act Rules (Minn. Rules Ch. 8420) and Eagan's wetland protection and management regulations (City Code § 11.67). 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 wetlands for appropriate management purposes. Airport Noise Considerations — The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter of its Metropolitan Development Plan that anticipates the impacts from the continued operation of the airport at its current location. The noise policy contours in Eagan place the northern two - thirds of the subject property within Noise Zone 4. Within this area, commercial office development is J(Ip Planning Report — Gratus Development July 23, 2013 Page 5 considered compatible, while multiplex residential with shared entrance is considered provisional, meaning performance standards for interior noise reduction apply. INFRASTRUCTURE IMPACTS Streets /Access /Circulation — The primary access for development of the site will be to Quarry Road, east to Central Parkway, an important section of the Ring Road concept designed to help alleviate traffic congestion at the intersection of Yankee Doodle Road and Pilot Knob Road. Central Parkway is a 58 -foot wide roadway with a bituminous trail, a landscaped center median and turn lanes at major intersections, and a temporary configuration at the intersection of its intersection with Yankee Doodle Road. Yankee Doodle Road is programmed for future upgrade to a 6 -lane divided roadway. Along with this upgrade, the Central Parkway/ Federal Drive intersection would be improved. The current configuration and signal at the Central Parkway and Yankee Doodle Road intersection may not provide an acceptable level of service with the estimated traffic generated with the proposed change in land use. Development on this site may require updated operations analysis to determine the extent of the intersection and roadway improvements necessary with the proposed land use change. Also, any development of the site will be required to extend Quarry Road from Central Parkway to the west edge of the property, with horizontal /vertical curvature in accordance with City engineering standards, in an aligmnent to match existing right -of -way on the properties to the east and west. This street will be extended west through Quarry Park to serve as an east -west traffic reliever for Yankee Doodle Road and to provide street access for the Gramercy Park senior housing development, and will include a bituminous trail along its north side. Development of this property will be required to dedicate right -of -way along Yankee Doodle Road (County 28), in accordance with Dakota County standards. Utilities — Lateral sanitary sewers are available to the east and south for connection by development of this site. Sanitary sewer District N (as designated in the City's Comprehensive Sanitary Sewer Plan — 2000) serves the entire site. The wastewater flows associated with possible mixed -use development may be in excess to those anticipated with existing research/ development land uses. If this land use change is approved, analysis of anticipated sanitary sewer discharge and existing capacity will be necessary with detailed development plans. Water main is available along the east edge of the site. The water main should be extended through the site along with the planned Quarry Road extension (see below). COMPREHENSIVE LAND USE IMPACTS Land Use Designations — SA, Special Area, is a general land use category which indicates a small area plan that lays out specific goals and policies for that area, as well as specific land uses for each parcel within the Special Area. The Comprehensive Guide Plan specifies which zoning districts are considered consistent and compatible with each land use designation. 5" Planning Report — Gratus Development July 23, 2013 Page 6 The proposed Mixed Use (MU) land use designation is intended to provide "areas of mixed residential or mixed residential /commercial uses as defined in area - specific Special Area Plans." Mixed use development is intended to be relatively self - contained and respectful of, or compatible with, existing adjacent uses," where pedestrian scale and convenient access to transit is desired." All zoning districts except Estate (large lot single - family residential), are considered potentially compatible with the Mixed Use designation. Land Supply — Based on the submitted concept plan, approximately 3/a of the 24 -acre site would develop with Major Office uses. About '/ of the site would become High Density residential. Overall, 1129 acres in the City have the Major Office land use designation, and 562 acres or 50% of that is vacant. Approximately two acres or 2% of the available residential land supply is designated for High Density uses. Thus, the proposed Mixed Use designation would increase availability of land for High Density residential, and leave ample land available for Major Office use. Comprehensive Guide Plan Goals and Policies — The Central Commons Special Area was initially established in 1994 and has been modified and updated over the years. The Central Commons Area is a designated Special Area because of the "desire to have a community focal point, an integrated, mixed -use place." The Central Commons Special Area is envisioned to be an active, mixed use and walkable destination for people of all ages ... with a mixture of uses including residential, commercial employment and park." The Central Commons Special Area Plan supports incorporating housing where possible, and indicates that such developments should be designed to include public gathering space, a trail system, and streetscape enhancements to create a walkable environment. The subject site, not previously developed, is considered a greenfield site, and "should be developed in manner that respects the natural systems of the site while achieving the community's vision for a connected, mixed -use area." The Central Commons Special Area plan establishes several policies intended to guide development within the Central Area. The following are considered relevant to this application; ➢ Design development to ensure cohesiveness with neighboring uses and enhance pedestrian connections. ➢ Respect existing site conditions and natural features — design with natural systems in mind. ➢ Capitalize on opportunities to create and enhance pedestrian connections. ➢ Allow Planned Developments to be used when incorporating housing and mixed use into developments. ➢ Strategically place buildings toward the street with parking behind to help create clearly defined streets and the public realm. ➢ Create an integrated transportation system that organizes pedestrian, bicycle, vehicular and transit movements. Use streetscape enhancement to create an identifying character for the Central Area. Break up large parking areas with landscaped drive aisles, islands and sidewalks. ➢ Ensure appropriate noise reductions measures are met during construction. M Plamling Report — Gratus Development July 23, 2013 Page 7 The proposed Mixed Use designation would allow for the inclusion of additional high density residential on the west side, adjacent to a local park and in proximity to the Community Center, while retaining much of the land for office development as intended with the long standing "major office" land use directive for the site. PARKS AND RECREATION SYSTEM The subject parcel is located within Park Service Area 9. This Service Area is currently served by two neighborhood parks, Quarry Park and Pilot Knob Park, and is located in close proximity to a Community Park, Central Park, and the Eagan Community Center. This combination of facilities provides adequate opportunity for existing residential neighborhoods and has the capability to accommodate an increased service base. SUMMARY OF FINDINGS General Considerations • Gratus Development is requesting a change in land use designation from SA/Major Office Service to SA /Mixed Use, for approximately 24 acres of property currently zoned Agricultural and located north of Yankee Doodle Road, west of Central Parkway and east of Coachman Road. • The property has long been designated for office type uses, and this property was envisioned to complete a corporate campus area which includes three other existing office buildings in the NW quadrant of the Special Area. • With the city -wide update of the Comprehensive Guide Plan in 2010, the City adopted the Central Commons Special Area, which supports incorporation of housing where possible and establishes goals and policies specific to development and redevelopment in this area. • All zoning districts except Estate (large lot single - family) are considered potentially compatible with the Mixed Use land use designation. Environmental Impacts • The site contains gently rolling topography with wooded areas along the east edge of the site. • Development of the site is subject to the City's Tree Preservation Ordinance (Sec. 11.70, Subd. 12.1) • There is a wetland on the property which appears to be impacted by the proposed development. A wetland delineation report will need to be prepared prior to any development. Development is subject to the City's Wetland Protection and Mangement ordinance (Sec. 11.67) as well as applicable State Statutes. Planning Report — Gratus Development July 23, 2013 • The site has a split drainage pattern and stone sewer and ponding are available both north and south to serve the site. The proposal is consistent with airport Noise Policy Zone 4, with the contemplated high - density residential use subject to sound attenuation construction standards. Infrastructure Impacts • Street access is available to the site from Quarry Road to the east, which is required to be extended through the site to connect with Coachman Road to the west. • The 100 -foot gas line easement that crosses the northwest corner of the site will remain. • With platting of the property, the development will need to dedicate the necessary right -of- way for the proposed extension of Quarry Road through the site and any future expansion needs for Yankee Doodle Road. • Sanitary sewer and water main are available to serve the site. Comprehensive Land Use Impacts The Central Commons Special Area was established as an area of mixed retail, office, service and residential uses conveniently serving the shopping needs of the community at large and surrounding communities and also provides a significant corporate office employment base. • The Special Area plan establishes policies that support quality mixed -use development with proactive zoning, performance standards and design guidelines, development that incorporates multi -modal transit as an integrated component, that enhances the existing natural and man- made features, and traffic and pedestrian safety improvements. The submitted concept plan incorporates a high density residential use while retaining much of the site in office uses. Parks and Recreation System • Existing park and recreation facilities in this area have the capability to accommodate an increased service base. • The primary impact of the development to the parks would be the physical impact caused by the new east /west through street, which will pass through Quarry Park requiring relocation of an existing play ground structure and basketball court. • A grade separated trail along the new east /west road would also be highly desirable. ♦N Planning Report — Gratus Development July 23, 2013 Page 9 ACTION TO BE CONSIDERED To recommend approval of a Comprehensive Guide Plan Amendment to change the land use designation from Special Area/Major Office to Special Area/Mixed Use, upon approximately 24 acres located north of Yankee Doodle Road and west of Central Parkway. (0 � Location Map M A Rd O 5 C Y S a a 00 ;Pilot Knot D CEP R DIRI. Rd Rd 3 3 R ® EB ED EB ' FOUR OAKS RD O O:_ o ,s rcr a J D am 4VX[3 X ® S O v -_ 0 Central Park Park Q ® � o CENTRA�P a 0 0 ® MARICE DR z Subject Site mm Quarry Park mmmm 3 UARRY R mmmm mm AD NO. 28 (YANKEE ODLE ROAD) W -�� 1 T HU p% w o PP TO �OaOR ��ALIAI AM R\�G Feet Project Name: Gratus Development 0 500 1,000 2,000 Request: Comprehensive Guide Plan Amendment Case No: 09- CG- 04 -06 -13 Legend Parcels Buildings Parks City of Evan 1, ,1CityBoundary N �a .I u i� City of EaRall Current Zoning and Land Use Map Application: Gratus Development Type: Comprehensive Guide Plan Amendment Case No.: Case No. 09- CG- 04 -06 -13 Zoning A Agriculture Land Use Plan SA/MO Special Area /Major Office N 0 300 600 1,200 ® Feet 0o P R CENTRAL RD o. x R -4 z x a RD P Subject Site NB LB A P� N N (YANKEE DaODLE ROAD) PF a® .4 P .F 1 R -4 R -3 p PF - Es� o- Y � �a a, . 1!1111 M MO P Subject Site o/s RC P JN ME* AM Rp� �IEWALMWWiWml ' . ^ in Molt - Eagan n P,,oje,,c I Boundary and a� »sY Topographical Survey m 21 IMT R �o,rz.,ns, °�I Lo �--) ,_— EXISTING CONDITIONS . of . . . . . . . . r Es Eagan n P,,oje,,c I Boundary and a� »sY Topographical Survey m 21 IMT R �o,rz.,ns, °�I Lo �--) ,_— EXISTING CONDITIONS a • m r- u� a- m - 0 0 0 _ o o 0 m (, m vr- �r- zm �z m N p p D p C1 m z 3i0 ij z 1 mp (P L �I I Al T �I'II €r QUARRY ROAD n m n I� Fb t u V m I ° z ` O z Q] YANKEE DOODLE ROAD CONCEPT PLAN O 0 m m a m r z O O z mD �A n z'mz m N p D n r m m Z N� O n 1 o, YANKEE DOODLE ROAD G RAT US DEVELOPMENT PARTNERS. -L 2030 Comprehensive Guide Plan Amendment Application Overview Eagan Preserve Development Summary: Gratus Development Partners respectfully requests amendment to the City of Eagan's 2030 Comprehensive Land Use Plan with regards to the 23.9 -acre site located approximately at 1555 Yankee Doodle Rd. Eagan, MN 55121, also known as Parcel ID: 10- 00900 -79 -010, from MO -Major Office to MU -Mixed Use. Gratus Development Partners currently is under contract with the aforementioned site set to close December ls`, 2013. We are hoping to develop the master site, including installation of a city street within the boundaries of the site, as follows: Gratus is currently delineating the site into 3, or possibly 4 subsections. Currently we are working to partner with an operator for a Class -A Data Center facility to go on one parcel, are planning for High Density, self - contained high - amenity luxury market -rate, multifamily on the site adjacent to Quarry Park, and finally a potential Class -A Medical Office Building on the remaining acreage. The exact size and positioning of the individual assets are tentative, and currently being evaluated. In working on the site development with our team including, Welsh Architecture, RLK Inc. civil engineers, Welsh Construction, I can summarize the site development characteristics and directives. Overall, with the Mixed Use Comp Land Use designation we're envisioning the Eagan Preserve development having Class -A cohesive feel that blends seamlessly with the surrounding development and re- developments neighboring us within the Central Commons Special Area. For our multifamily residents and employees at the employment centers portions, we will include a connected trail system and other streetseape amenities emphasizing pedestrian connections and walkability. Allowing residents and users to also utilize the near -by, beautiful, Central Park Community Center, and local parks. Physically, we're intending to preserve, and work with, the rich existing topography and site characteristics. Access to transit is also priority for, residents, users, and Gratus Development Partners. Integrated, sustainable design elements and green - building techniques are an integral element of the Eagan Preserve development, and a matter of principal for Gratus as developers. Timinu & PhasinLy of the Eagan Preserve: As we are still in early stages the following is our intended master - timing, but still very tentative. After Comp Guide Plan amendment Gratus will continue working through entitlements and predevelopment tasks through the fall and into the winter 2013 utilizing city staff guidance. We anticipate installing, then dedicating to the city, the city street beginning May of 2014, concurrently with mass excavation and utilities site work. As soon as is possible upon street installation, we would begin the Data Center and Medical Office Building assets construction with an approximate build period of 10- months, respectively. Phase two beginning the multi- family portion of the development sometime after the commencement of the phase one assets. P� •, ;i to i � �t`.;. �5��. �lr NARRATIVE Surrounding Zoning: According to the City of Eagan Zoning Map, found online, the current neighboring zonings are: Planned Development (Edina Realty Office Building), Research & Development (Argosy University), Parks (Quarry Park), Parks (Central Park and Community Center), R -3 & R -4 (Apartments and Grammercy Co- Op), Limited Business (Carbone's Single Tenant Net Leased building), Neighborhood Business (Strip Center on Corner of Yankee Doodle & Coachman). As shown below. City of Eagan Zoning Map Site Compatibility: Gratus believes and has crafted the Eagan Preserve master site to not only be compatible to surrounding uses, but to be exceptionally complimentary to surrounding uses. Our vision is for the Eagan Preserve to be a cornerstone to the city's future vision for the Eagan Central Commons Special Area. RERVII Agenda Information Memo August 5, 2013, Eagan City Council Meeting B. CONDITIONAL USE PERMIT — AUTOWORX ACTION TO BE CONSIDERED: To approve (OR direct preparation of Findings of Fact for Denial) a Conditional Use Permit to allow outside storage of a maximum of 15 vehicles which may include: passenger vehicles, U- Haul trucks, U -Haul trailers, limousines, limousine buses, shuttle buses and carpet cleaning vans and no more than 75 tires for property at 1904 Shawnee 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 existing one- story, 29,800 sq. ft. warehouse facility was constructed in 1980. A CUP was approved in 2006 to allow outdoor storage of metal materials and airline equipment to the rear of the building. That outdoor storage no longer occurs on the site. A CUP was approved in 2009 to allow a dog daycare and grooming facility with overnight boarding and outdoor runs, located on the eastern end of the building. ➢ The proposed tire storage satisfies the outdoor storage requirements. ➢ The proposed vehicle related storage satisfies three of the outdoor storage requirements. ➢ The Advisory Planning Commission held a Public Hearing on July 23, 2013 and is recommending approval. 60 DAY AGENCY ACTION DEADLINE: August 18, 2013 ISSUES: ➢ City code requires outdoor storage be enclosed, located in a side or rear yard and screened from the public right -of -way. The proposal does not meet these conditions due to the location of the existing building. City Policy Makers should determine if this location without an enclosure is acceptable. ATTACHMENTS: (3) Location map on page n Draft July 23, 2013 APC minutes on pages through �i Staff report on pages 9 q through IBS T10 ,s t' Yankee R..dl Rd DIM. y Rd w tl CIIH Rd 1 Advisory Planning Commission July 23, 2013 Page 4 of 10 B. Autoworx Applicant Name:Autoworx,LLC Location: 1908 Shawnee Rd; Lot 4, Block 2, Cedar Industrial Park Application: Conditional Use Permit A Conditional Use Permit to allow overnight parking of up to 15 parking spaces to be occupied by passenger vehicles, u -haul trucks & trailers, stretch limousines, limousine buses and carpet cleaning vans. File Number: 17- CU- 06 -06 -13 Planner Thomas introduced this item and highlighted the informs ` ented in the City Staff report dated July 16, 2013. There was discussion regarding the 2006 Conditional U five trees, only two of which have survived; and if the pry CUP now. Planner Thomas explained that the plantings occurred-,-Wt storage was remaining, the conditions of the Conditionail stated the applicant is not required to ad scaping to Member Supina asked about a roof or a tire and breeding grounds for mosquitos. Planner Thomas explained that the tires ai a concern and a cover over the-fires is not Member Dugan asked stored in the front pct Kyle Sanger, Presiden due to the exist' site Chair Hey e e TherA�rS�o public discus si ack,to the Member Pip& circumstances it thatre_ aired the planting of in nonce with that Filed and thdt lf� #tie outdoor would be enforced. She !r City Code. W.ation to trapped water , therefore that is not be ad§ _ ;fund the vehicles since they are being ng the vehicles in the lot is not feasible aney closed the public hearing and turned the ring a full enclosure for vehicle storage is not unusual in these location in the front yard appears logical given the site layout. Member Piper movd ember Prashad seconded a motion to recommend approval of a Conditional Use Permit (CUP) to allow outdoor storage of (a) no more than 75 tires in the location shown on the Site Plan dated July 8, 2013; and (b) a maximum of 15 vehicles which may include: passenger vehicles, U -haul trucks, U -haul trailers, limousines, limousine buses, shuttle buses and carpet cleaning vans located at 1904 Shawnee Road, legally described as Lot 4, Block 2, Cedar 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. 11 a Advisory Planning Commission July 23, 2013 Page 5 of 10 KA 3 4. 5 0 This Conditional Use Permit cancels and supersedes the Conditional Use Permit issued in 2006 for outdoor storage of metal materials and airline equipment; and is in addition to the Conditional Use Permit issued in 2009 to allow a dog daycare and grooming facility with overnight boarding and outdoor runs, located on the eastern end unit of the building. The applicant shall submit a revised Site Plan identifying the vehicle storage area with 60 or 90 degree parking stalls and the tire storage area on the site as depicted on the Site Plan submitted July 8, 2013. The outdoor storage is limited to a maximum of 15 vehicles, which may include: passenger vehicles, U -haul trucks, U -haul trailers, limousines, limousine buses, shuttle buses and carpet cleaning vans located in the parking lot on the southeast- side of the building and a tire enclosure located south of the building. The fabric netting for the chain link fence shall be kept in pre.. - . ondition. Replacement of the fabric netting shall occur immediately if it falls into d's Trash receptacles shall be kept either inside the buildi ' closure constructed F according to City Code standards. A revised Site Plan _I ho enclosure if one is to be constructed. Prior the question being called, Member Dugan as screen the storage from Shawnee Road. Thomas All � 11�) s if ther"W!ew y way to site affor opti ons. PLANNING REPORT CITY OF EAGAN REPORT DATE: July 16, 2013 APPLICANT: Autoworx LLC PROPERTY OWNER: Shawnee Road, LLC REQUEST: Conditional Use Permit LOCATION: 1908 Shawnee Road CASE: 17- CU- 06 -06 -13 HEARING DATE: July 23, 2013 APPLICATION DATE: June 19, 2013 PREPARED BY: Sarah Thomas COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I -1, Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit (CUP) to allow outdoor storage of a maximum of 15 passenger vehicles, U -haul trucks, U -haul trailers, limousines, limousine buses, shuttle buses, carpet cleaning vans and tires located at 1904 Shawnee Road, legally described as Lot 4, Block 2, Cedar 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. 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. 1-1� Planning Report — Autoworx July 23, 2013 Paee 2 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8. Is appropriate after considering whether the property is in compliance with the City Code, Subdivision 41), 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 existing 1- story, 29,800 square foot warehouse facility was constructed in 1980. The City approved a CUP in 2006 to allow outdoor storage of metal materials and airline equipment to the rear of the building. This storage no longer occurs on the site. A condition of the approval required evergreen plantings to be installed to screen the storage from public rights -of -way. The landscaping was planted. The City also approved a CUP in 2009 to allow a dog daycare and grooming facility with overnight boarding and outdoor runs, located on the eastern end unit of the building. EXISTING CONDITIONS Shawnee Road, LLC owns the subject office /warehouse, multi tenant building at 1904 -22 Shawnee Road, and the adjacent building at 1948 Shawnee Road. Keystar Incorporated, Peanuts Place, Wheels Direct and Autoworx are the tenants within the building, one unit is vacant. Required parking is provided on the front (north) and south side of the building. All parking areas and rear of building are paved with a bituminous surface. 00 Planning Report — Autoworx July 23, 2013 Page 3 SURROUNDING USES The site is surrounded on all sides by properties zoned and guided for industrial uses. This includes LaFonda's restaurant to the northeast which has an outdoor dining patio to the rear of the restaurant. EVALUATION OF REQUEST Compatibility with Surrounding Area — The site is surrounded by industrial type uses. Outdoor storage of vehicles and truck trailers is typical for industrial areas. Proposal — The applicant is requesting approval of a Conditional Use Permit to allow outdoor storage of up to 15 vehicles including: standard passenger vehicles, U -haul trucks 10' to 26', U -haul trailers 4 x 8 to 6 x 12, stretch limousines up to 35', limousine buses up to 40', shuttle buses up to 40' and carpet cleaning vans. According to the applicant's narrative, the outdoor storage spaces are, "essential to the operation of the business as the applicant is engaged in the business of maintaining and repairing fleet vehicles. The applicant has a repair contract with U -Haul for service of their equipment as well as the rental of their vehicles." Additionally, the applicant is requesting a small area behind the building (3' x 10') to be enclosed with a 6' chain link fence for the purpose of storing 50 -75 tires. The tires are to be disposed of weekly. The chain link fence will have a privacy fabric screen installed. The applicant is proposing a 6 foot cyclone fence around the perimeter of the tire storage area. 17(10 Planning Report — Autoworx July 23, 2013 Page 4 2. The storage areas shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. The vehicle storage area is located in the front yard as previously described. The designated tire storage area is located in the rear of the building and is not encroaching into parking setbacks. 3. The outdoor storage area shall be screened from view from the public right -of -way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. While the site is well landscaped, the proposed vehicle storage area will be visible from the public right -of -way due to the design of the driveway, existing building location and open view of the front yard. The designated tire storage area is located at the rear of the building and is not visible from the right -of -way. 4. The storage area shall not interfere with any pedestrian or vehicular movement. The proposed outdoor storage is for vehicle and tire storage. The proposed locations adjacent to the property line (vehicle storage) and rear of the building (tire storage) allows for pedestrian or other vehicular movement. S. The storage area shall not take up required parking spaces or landscaping areas. The proposed vehicle storage area is in a location that is currently striped for parking stalls. The site currently meets parking requirements without the stalls in the proposed storage area. The site requires 39 stalls for warehouse use; currently there are 41 parking stalls. The parking stalls for the 15 vehicles are proposed to be at a 45 degree angle. City Code allows for 90 or 60 degree angled parking. The applicant should revise the Site Plan and submit to city staff for review and verification that the revised stalls meet parking stall size requirements per City Code. 6. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. This standard is satisfied. The proposed storage areas are paved with a bituminous asphalt surface. Trash Storage — Trash storage was not specifically addressed in the proposal; however, a site visit found a dumpster located behind to the building, adjacent to the proposed tire storage area. All trash and recyclables containers should be stored inside the building, or within an enclosure consistent with the provisions in the City Code. Green Space — The outdoor storage proposal will not impact green space as the storage is proposed to be on an existing paved surface. q9 Planning Report — Autoworx July 23, 2013 Page 5 Landscaping — The 2006 CUP application included the addition of 5 Colorado Spruce to the southeast portion of the storage area. These trees were planted; however, only two have survived. No additional landscaping is proposed. Grading — No Grading is proposed with this request. Utilities — The existing building on the site is connected to the City sanitary sewer and water main systems; no additional connections are proposed with this application. Access — Access to the site is currently from the driveway entrance onto Shawnee 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. Financial Obligation — There are no pending assessments on the parcel. SUMMARY /CONCLUSION The applicant is requesting approval of a Conditional Use Permit to allow outdoor storage of a maximum of 15 passenger vehicles, U -haul trucks, U -haul trailers, limousines, limousine buses, shuttle buses, carpet cleaning vans and tires. The proposed outdoor storage satisfies three of the six outdoor storage criteria relating to the proposed vehicle storage. All six criteria are met for the tire storage. The outdoor storage standards not met include the enclosure, front yard location and visibility from public right -of- way. A full enclosure may not be necessary given the use and surrounding uses. Given the existing location of the building, the front yard appears to be the logical place for the outdoor storage. Conditions which are satisfied include non - interference with pedestrian or vehicular movement, parking /landscaped areas and surface material. City policymakers should determine whether a full enclosure is necessary. City policymakers should also determine whether the location is appropriate with the understanding the existing driveway location provides visibility to the front yard. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit (CUP) to allow outdoor storage of (a) no more than 75 tires in the location shown on the Site Plan dated July 8, 2013; and (b) a maximum of 15 vehicles which may include: passenger vehicles, U -haul trucks, U -haul trailers, limousines, limousine buses, shuttle buses and carpet cleaning vans located at 1904 Shawnee Road, legally described as Lot 4, Block 2, Cedar Industrial Park. If approved the following conditions shall apply: 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. ON Planning Report — Autoworx July 23, 2013 Page 6 2. This Conditional Use Permit cancels and supersedes the Conditional Use Permit issued in 2006 for outdoor storage of metal materials and airline equipment; and is in addition to the Conditional Use Permit issued in 2009 to allow a dog daycare and grooming facility with overnight boarding and outdoor runs, located on the eastern end unit of the building. 3. The applicant shall submit a revised Site Plan identifying the vehicle storage area with 60 or 90 degree parking stalls and the tire storage area on the site as depicted on the Site Plan submitted July 8, 2013. 4. The outdoor storage is limited to a maximum of 15 vehicles, which may include: passenger vehicles, U -haul trucks, U -haul trailers, limousines, limousine buses, shuttle buses and carpet cleaning vans located in the parking lot on the southeast side of the building and a tire enclosure located south of the building. 5. The fabric netting for the chain link fence shall be kept in premium condition. Replacement of the fabric netting shall occur immediately if it falls into disrepair. 6. Trash receptacles shall be kept either inside the building or within an enclosure constructed according to City Code standards. A revised Site Plan shall show the trash enclosure if one is to be constructed. 110� Location Map 1111 I A-21, ,1.,I So 1111 Feet Project Name: Autoworx 0 500 1,000 2,000 Request: Conditional Use Permit Case No: 17-CU-06-06-13 Legend Parcels Buildings AMNIL My of Eap 4 1 Oita Parks lvui City Boundary N I A-21, So �ttllmlflo' • -a® man ®® 'we Milli ® 1.3 as ®® ®® ®ee® a ®ea ®. ®�� ® ® ® ® ®�� ®® 1111 ►® ®��o. ®� ®� ®: ® ®� Ulan a Feet Project Name: Autoworx 0 500 1,000 2,000 Request: Conditional Use Permit Case No: 17-CU-06-06-13 Legend Parcels Buildings AMNIL My of Eap 4 1 Oita Parks lvui City Boundary N Current Zoning and Land Use Map City of Eap Application: Autoworx Type: Conditional Use Permit Case No.: 17- CU- 06 -06 -13 Zoning 1 -1 Limited Industrial Land Use Plan IND Limited Industrial i N 0 300 600 1,200 ® Feet 1 -1 ZD PD D 5�P \ — z IND N3 ,o Zo'�4 BP �"� M 1 -1 0 Subject Site R -3 IND Q Subject Site MD R -3 MD ZED hnp jib - - ` - rtvw t5 � a s + T R lyl , • 4 4` AF IVA 1 QZ- e. 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TIRE ST 4RAGE a 2 � ff; �o \ a a m Ozu Fyzy.� O m U W n p J�Z O y of Q Q *w Oo 6 LLJ � �> CO °uiioz w ro 00 ry � N � Z i� \o i U Q W Z —_:- J� � W � O d� a tl /dip a 3H VV y I 0 oq o fr E nl K n i I 's. i 64 MINIMS - FENCE DETAIL T -_._ _.___.. 0 NARRATIVE CONDITIONAL USE PERMIT SUMBITTAL PROPERTY OWNER: SHAWNEE ROAD, LLC APPLICANT: AUTOWORX, LLC SITE ADDRESS: 1908 Shawnee Road, Eagan, MN PID# 10- 1680002043 COMPREHENSIVE GUIDE PLAN The existing Comprehensive Plan designation for the property is IND, Limited Industrial. Applicant does not propose to amend, modify or change existing Comprehensive Plan designation. ZONING CLASIFICATION The existing zoning classification for the property is I -1, Limited Industrial, as said classification is defined in Section 11.60. — Use Districts and Overlays, City Code. Applicant does not propose to amend, modify or change the existing zoning classification of the I -1, Limited Industrial. REQUEST FOR CONDITIONAL USE PERMIT The Applicant, AUTOWORX, LLC is requesting approval of a Conditional Use Permit to allow a maximum of fifteen (15) outdoor existing parking spaces to be occupied by standard passenger vehicles, u -haul trucks 10' to 26', u -haul trailers 4X8 to 6X12, stretch limousines up to 35', limousine buses up to 40', shuttle buses up to 40', and carpet cleaning vans, all of which are to be located within the southeastern section of the property (indicated on the area of the attached layout) which site is the principal building of the Applicant known as Autoworx located at 1908 Shawnee Road, Eagan, MN, as described as Lot 4,131ock 2, Cedar Industrial Park. The proposed area is located more than 50 feet from the public street (Shawnee) which exceeds the required 20 foot public street setback and the calculations include more than the required 5 foot setback from the property line. The longer vehicles would be parked in the center spaces where the drive aisle is wider and smaller vehicles parked on the ends. The proposed area is the only area that the property owner will allow these vehicles to be parked but also parking in the rear of the building would make it impossible for semi trucks to back up to the docks. Most of the trucks that deliver to here are full size 53' semi trailers. The proposed area is parking area currently used to park vehicles in for service and rental u -haul trucks and trailers. The applicant has utilized these spaces to park vehicles in for service and rental trucks since moving to the property in 2011 without being aware of the RECEIVED F a FA-.. " 1 need to obtain a Conditional Use Permit to do so. These spaces are essential to the operation of the business as the applicant is engaged in the business of maintaining and repairing fleet vehicles. The applicant has a repair contract with u -haul for service of their equipment as well as the rental of their vehicles. The Applicant is also requesting a small area in the rear of the building 3' X 10' against the building wall to store 50 to 75 tires for weekly disposal. Tires will be contained in a chain link fence with privacy fabric screen installed. See attached picture of proposed fence. The income from the service and repair of these specialty and fleet vehicles is vital to the Applicant's financial sustainability. The parking spaces are existing, and will be operated and maintained to be compatible in appearance with the existing character of the facility and will not change or diminish the neighborhood. The spaces will be re striped for the required 45 degree angled parking. The requested conditional use will not create or interfere with any traffic flow, nor create any hazardous or nuisance to the public or surrounding properties. EXISTING LAND USE The subject property consists of business condominiums. There are 5 units in the north building and 4 units in the south building where the applicant's business is located. There is landscaping throughout the site, primarily around the parameter and front entrance area to the complex. There are existing wall pack lights on all four sides of each building on the property. SURROUNDING USES Properties located within 660 feet of the subject property are utilized and zoned for Industrial /Business Park to the North, South, East, and West, Retail Commercial to the South, Quasi- Public Vacant to the north, and Medium Density Residential to the South. BUILDING TENNANTS Peanuts Place 1904 Shawnee Road Eagan, MN 55122 651- 686 -1056 Wheels Direct 1908 -1910 Shawnee Road Eagan, MN 55122 651- 967 -8690 S 1%-tC6z w� RECEI V D! C 8 20 l %. Autoworx 1908 -1910 Shawnee Road Eagan, MN 55122 651 -760 -4350 Keystar Inc 1912 -1922 Shawnee Road Eagan, MN 55122 651 -256 -0008 a Agenda Information Memo August 5, 2013, Eagan City Council Meeting C. PLANNED DEVELOPMENT AMENDMENT — ZIRNHELT PROPERTIES (POWER SYSTEMS RESEARCH) ACTION TO BE CONSIDERED: To approve (or direct preparation of Findings of Fact for Denial) A Planned Development Amendment for a one -story 1,200 s.£ addition to the principal building for property located at 1365 Corporate Center Curve, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: At least 3 votes. FACTS: ➢ This Planned Development was established in 1985. ➢ The existing two -story office building was constructed in 1997. A planned expansion to the east did not occur, and the property was subdivided and the easterly lot developed separately. ➢ A 1,200 s.f. one -story addition is proposed on the west side of the building. The addition will function as a research laboratory for Power Systems Research. ➢ The proposed addition will be constructed of materials to match the existing building. A new attached trash enclosure will be constructed and new landscaping installed. ➢ The proposed addition satisfies bulk standards for the comparable R &D zoning district. The proposal results in a net reduction of 4 parking stalls, and a net increase in green space of 1,226 s.f. ➢ A public hearing was held by the Advisory Planning Commission on July 23, 2013, and the APC recommended approval. ISSUES: ➢ The APC discussed the proposed one -story addition with consideration to the context of the existing two -story building, and multi -story nature of surrounding development. The APC recommended approval of the addition as proposed, with detail of the rationale provided in the APC minutes. 60 -DAY AGENCY ACTION DEADLINE: August 18, 2013 ATTACHMENTS: (3) Location Map, page 'D�0 Draft July 23, 2013 APC Meeting Minutes, pages through ':4a Planning Report, pages q2) through lOff Location Map ' % l t I I L=e 0,k_8d__4 Yankao Doodla Rd .— INTBRS-TAFB,H.WY N0,.494.— ' i - DIXloy Rd Cliff Rd Extant ..j F C RP. CENT. DR. ftlAl OA P VI WAVE) Subject Site - - HVIEYY AV _ ]T i EVIEVNl AVE - - - SODTHRIME AV ! i Country 'Honne•Park z Highview Park a R R 9 T S Z u .�_=.�a.,,.n�.u�},s ,— _�„t�,._._�� _ �, �.. �,r.. r....., �. �... s2. �_ o�V. C. S; 4:H= N0:�6 {L-ONP °OAfE•ROAD)�.,.� �r. �. _ _..,.�_ < -- a f, s 3 Pilot Knob Park 1 UA Y _ Moonshine Park Feet Project Name: Power Systems Research 0 500 1,000 2,000 Request: Planned Development Amendment Case No.: 03- PA- 04 -06 -13 Legend Parcels } q qn Buildings City of Eap Parks II � N City Boundary 0 Advisory Planning Commission July 23, 2013 Page 2 of 10 IV. PUBLIC HEARING New Business A. Power System Research Applicant Name: Zirnhelt Properties, Inc. Location: 1365 Corporate Center Curve; Lot 1, Block 1, Eagandale Office Park 5th Addition Application: Planned Development Amendment A Planned Development Amendment to allow a 1200 sq ft one -story File Number: 03- PA- 04 -06 -13 Planner Dudziak introduced this item and highlighted the report dated July 16, 2013. Quinn Hutson, Architect for the applicant, stated the i r, r of thla height of the addition to be above the height of the a of�he,, explained that a two -story addition would eliminate a s��► rcan o existing upper level office space. f Chair Heaney opened the public hea ing addition, in the City Staff Cora o 4N s the sting tits �e it of naturalliiht from the There being no public comment, Chair Heg,,o" c , lic hearing and turned the discussion back to the Commission. tr� f Member Piper stated som .Jor the o e s ition, owever, he believes the addition is aestheticallstated hey` t concerned that the addition would diminish the value o rin_ rties.. Member Dugan stated „ ; i�Wft pert r end believes the addition will look acceptable. Member Su ma<s a d�the appli`ca c g for reduced natural light in the existing upper level offi.�iea� able. . Mem derpoel as <: Q taff wWaware of any neighbor concerns regarding the height of the addii Planner Du zta , .. °ted .k o plaints have been received. Member Piper m6 f fiber Filipi seconded a motion to recommend approval of a Planned Development Amendiirient allowing a 1,200 sq. ft. one -story building addition for property located at 1365 Corporate Center Curve, subject to the following conditions: An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office within 90 days of approval. Proof of recording shall be provided to the City. The PD Amendment Agreement shall include the following exhibits: • Site Plan • Elevations • Landscape Plan 2. The overhead door shall be painted to match the building. q, Advisory Planning Commission July 23, 2013 Page 3 of 10 3. Gates on the trash enclosure shall match the building in color. 4. Building address numbers shall be reviewed and replaced if necessary to comply with the provisions of Section 2.78 of City Code. All voted in favor. Motion carried 7 -0. INw PLANNING REPORT CITY OF EAGAN REPORT DATE: July 16, 2013 APPLICANT: Zirnhelt Properties, LLC CASE: 03- PA- 04 -06 -13 HEARING DATE: July 23, 2013 PROPERTY OWNER: Zirnhelt Properties, LLC APPLICATION DATE: June 19, 2013 REQUEST: Planned Development Amendment LOCATION: 1365 Corporate Center Curve COMPREHENSIVE PLAN: MO, Major Office ZONING: PD, Planned Development SUMMARY OF REQUEST PREPARED BY: Pamela Dudziak The applicant is requesting approval of a Planned Development Amendment to allow a 1,200 sq. ft. one -story building addition for property located at 1365 Corporate Center Curve, legally described as Lot 1, Block 1, Eagandale Office Park 5th Addition. AUTHORITY FOR REVIEW Chapter 11, Section 11.50, Subdivision 5 states, in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two - thirds of all members of the council. 2. The Council shall not rezone any land or area in any zoning district or snake any other proposed amendment to this chapter without first having referred it to the advisory planning commission for its consideration and recommendation. BACKGROUND /HISTORY The Eagandale Office Park Planned Development was established in 1985. The office park consisted of five properties, all with multi -story office buildings. The architectural expectations established in the original Planned Development were for brick and glass as the primary finish materials. An W Planning Report — Power Systems Research July 23, 2013 Page 2 The existing building on the subject site was constructed in 1997 and was planned for future expansion to the east. The expansion did not occur, and the property was subdivided and the easterly lot developed separately. EXISTING CONDITIONS The site is developed with a two -story office building and associated parking. Access is provided via Corporate Center Curve in two locations. The surrounding development consists primarily of multi -story office buildings as well as some industrial office /warehouse buildings and a multi- story hotel. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Proposal — The applicant is proposing a 1,200 sq. ft. one -story addition to a two -story office building. This addition will function as a research laboratory for Power Systems Research, which currently occupies the building. According to the narrative, Power Systems Research provides research into motors, engines and associated components for clients around the world. The proposed laboratory will provide space for "disassembly and physical observation and testing of a variety of different motor systems, research into power systems, and material testing of motor components." In addition, the narrative states "there will be no operation, maintenance, nor manufacturing of the power systems (motor and engines) being studied." Compatibility with Surrounding Area — The proposed addition appears generally compatible with surrounding development and the property owner's desire to fin-ther invest in the property is highly valued. However, the subject site and each lot in the immediate area contain a multi -story building. Staff suggests City policy makers consider the single -story addition in the context of the development investments made in the area to date. At the time of initial development, the Planned Development referenced an underlying zoning of Research and Development. The proposed laboratory use is consistent with RD zoning, which remains the comparable standard for this property. R� Existing Use Zoning Land Use Designation North Hotel, office, vacant PD, Planned Devel.; I -1, Limited Industrial MO, Major Office East Office PD, Planned Devel. MO, Major Office South Office PD, Planned Devel. MO, Major Office West Office J PD, Planned Devel. MO, Major Office EVALUATION OF REQUEST Proposal — The applicant is proposing a 1,200 sq. ft. one -story addition to a two -story office building. This addition will function as a research laboratory for Power Systems Research, which currently occupies the building. According to the narrative, Power Systems Research provides research into motors, engines and associated components for clients around the world. The proposed laboratory will provide space for "disassembly and physical observation and testing of a variety of different motor systems, research into power systems, and material testing of motor components." In addition, the narrative states "there will be no operation, maintenance, nor manufacturing of the power systems (motor and engines) being studied." Compatibility with Surrounding Area — The proposed addition appears generally compatible with surrounding development and the property owner's desire to fin-ther invest in the property is highly valued. However, the subject site and each lot in the immediate area contain a multi -story building. Staff suggests City policy makers consider the single -story addition in the context of the development investments made in the area to date. At the time of initial development, the Planned Development referenced an underlying zoning of Research and Development. The proposed laboratory use is consistent with RD zoning, which remains the comparable standard for this property. R� Planning Report — Power Systems Research July 23, 2013 Page 3 Airport Compatibility — The site is located within Airport Noise Policy Zone 3, within which office uses are considered provisional. However, Sec. 11.64, Aircraft Noise Zone Overlay District, does not apply to additions to existing buildings. Therefore, while sound attenuation measures for interior noise reduction are recommended, such measures are not required. Setbacks — The proposed addition is set back more than 100 feet from all property lines. Building Coverage — Building coverage on the property will increase by 1,202 sq. ft., resulting in a building to lot area ratio of 10.6 %. This is below the maximum 20% coverage ratio for the comparable RD zoning district. Green Space— The proposal results in a reduction of impervious surface by 1,226 sq. ft. The proposed addition is located upon an existing impervious surface, and some parking to the north of the addition will be demolished and converted to green space. Building Elevations /Architecture — The proposed addition is designed to "match the existing office building using primarily a brick exterior, significant window area, and a small amount (less than 10 %) of EIFS /stucco trim." Access to the addition is available via a service door on both the north and south elevations, as well as via an overhead door on the south elevation. The overhead door should be painted to match the building. A trash enclosure attached to the new addition will be constructed and a new screen wall installed for the relocated transformer. Gates for the trash enclosure will be a pre - finished metal panel, and should be in a color to match the building. Screening for a ground- mounted mechanical unit will be provided by new landscaping along the north side. The existing building and others in the office park along Corporate Center Curve are two stories or more in height. The applicant's narrative indicates the proposed one -story addition is "over half the height of the 2 -story existing building to meet the interior height clearances needed for the laboratory functions required by the Owner. Consequently, a two -story addition would be impossible as the floor heights could not align." Parkin — The proposal results in the loss of 4 parking stalls, leaving a net remaining 134 parking stalls. The building, including the proposed addition, is 26, 208 sq, ft., which per City Code requires 139 parking stalls. This deviation can be accommodated through the PD zoning. According to the narrative, there is ample parking on the site to support Power Systems Research's daily needs. Should occupancy of the building change in the fixture, and more parking be needed, additional parking stalls could be added to the north end of the westerly parking lot. Building Address Numbers — Building address numbers should be reviewed and replaced if necessary to comply with the provisions of Section 2.78 of City Code. Landscape g — New landscaping is proposed in the area of construction. Deciduous shrubs will be added along the north side of the parking lot, north side of the addition, and off the northwest C�5 Planning Report — Power Systems Research July 23, 2013 Page 4 corner of the building. Two deciduous trees will also be added north of the addition, and evergreen shrubs along the west side to enhance screening of mechanical equipment and the trash enclosure. SUMMARY /CONCLUSION The applicant is proposing a 1,200 sq. ft. one -story addition to a two -story office building. This addition will function as a research laboratory for Power Systems Research, which currently occupies the building. The proposed addition appears generally compatible with surrounding development. The applicant states that the necessary floor height negates the possibility of two functioning building stories. All of the buildings in this development are multi -story and staff suggests City policy makers consider the over -all effect to the appearance of the development presented by a proposed single - story addition to the existing two -story building. A two -story tall addition would be more consistent and symmetrical with the surrounding development. The proposal includes a new attached trash enclosure, and new landscaping is also will be provided. The proposal appears to be architecturally compatible with the existing building, and satisfy setbacks and other bulk standards, with the sole exception of parking counts, a deviation which can be accommodated through the PD zoning. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment allowing a 1,200 sq. ft. one- story building addition for property located at 1365 Corporate Center Curve. If approved the following conditions shall apply: An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office within 90 days of approval. Proof of recording shall be provided to the City. The PD Amendment Agreement shall include the following exhibits: • Site Plan • Elevations • Landscape Plan 2. The overhead door shall be painted to match the building. 3. Gates on the trash enclosure shall match the building in color. 4. Building address numbers shall be reviewed and replaced if necessary to comply with the provisions of Section 2.78 of City Code. Location Map i I r i `•sm - Lone Oak k Rd� -a3 TMITMHVCU - M141 "M I Ta -MaT TT ti j{ aaaaaT�a��aa�a ,,d•� 1 .. m _ ._..� Yankee...dl. Rd IINTBRSTAT&HUVY,.N0,.494...e.- DRR.y Rd CIIR Rd C RP: CENT, DR. RIAL ROAD P / W' Subject Site Country'Home•Park - Highview Park _ R R y AD E p 5 - Z Q, C � z F Z U .— — F.. �P--- C:CA -.H=NO�26-(L -ONE OAK ROAD).,. -�_m ' a 3 Pilot Knob Park R FEMERVI h //ROAD UA I Moonshine Feet Project Name: Power Systems Research 0 500 1,000 2,000 Request: Planned Development Amendment Case No.: 03- PA- 04 -06 -13 Legend Parcels Buildings My of Eap Parks aar� City Boundary N 4T" Current Zoning and Land Use Map City of CaRal< Application: Zirnhelt Properties, LLC Type: Planned Development Amendment Case No.: 03- PA- 04 -06 -13 Zoning PD Planned Development Land Use Plan MO Major Office N 0 300 600 PD PD Subject Site NT. DR. PD PD NB ENTER T PD NB A R -1 -1 RD 1,200 ® Feet S �• Jt: 424 fi� .. - - - 4� # j �' cccccaaaaa..... .3 t ' A (F e, - � • = i i iW MaJ f :fig - -r x- . 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III "it HI 1,1: 1j lfl Ills' 11'77 it ii l: i:;:i ljj ljl� ILI i In's lit lit I i ;l 11 it .. hl ni it Old ii!HMii Ili lit! H i PH!Hlk. 11. MOEN MEN Hit 1; Oiiii;H l"lliNs lit lit MENE■ Power Systems Research REVISIONS: Laboratory Addition A2lW5C."..C.rd.rC— 9 ELEVATIONS Eagan MN55121 CCOPYR-11011RCIRECT-1 _ S d =4' JJ tJ GIM1N � miff a ,v v1 3 v g, In A IT x m O C 0 N = N o d W i � 21 . � '� A n � m CO Z O O 00 P C/ 00 9 n � 3 � N N +� O 3 (n O T '..I = (n O C _ a ZC :a ft z •1 ��u� k `� �� a, io x \ m �, K -,cc - r O z_ f fn i O L A O Z O _n Ci O_ C _rlm =m =m Ox A K C O X. IOn (n M Mc rrn CO _ nx DoX ;r 'D� Vic.. ZZ A C C O rq O z Ox z m M o - Z O Z O 07 -i Z m D tn r 70 e 7 N O 0 0> A m p 2 ➢ 0 17 z ➢ mz0 o _m tr I I ? t N Z NAO r N O Z � i A AZm < m ci i m �wX f cZioc� 1 m NAo A m n N omo i S �mr z A I pA 1 m Z> I m O D NZ 1 O O N Am I N O O F i � D A i MW v v D N � n 0 a r Z 1 ELI o (c m z i o I � x z Z 0 D 'D m m Hog 0 O F9 A _ 3: 2 O D � Z D G m Q G)O A i LANDSCAPE PLAN > w lz 5'y Power System Research IRE ISIONS' < z M rz o- a Hoisington Koegler Group Inc. Op Laboratory Addition ®© CO 12? Nunh Third Slrcet, Suite 100 G> 1]65 COr N 111 Gaoler Dd.a I PAM PLACE ra I M U 612.n38.08 e, hl fu .61a 338.6 F p EdOw, MN 55121 612.338.0800 fax.612.i38.6838 (n � 1v. E if R l k' A _?�- --------------- t t f z y WIVE' r( r f � i s i y 7300 WEST 147TH STREET SUITE 504 APPLE VALLEY, MN 55124 - 7580 (952) 431 -4433 July 1, 2013 Project Narrative: Power Systems Research - Laboratory Addition. This project consists of a 1,200 square foot one -story addition to the existing two -story office building located at 1365 Corporate Center Curve. This small addition is less than 10% of the existing building footprint. The proposed addition will function as a research laboratory for Power Systems Research, an existing Eagan -based company providing research into motors, engines and associated components for clients around the world. The operations will include disassembly and physical observation and testing of a variety of different motor systems, research into power systems, and material testing of motor components. There will be no operation, maintenance, nor manufacturing of the power systems (motors and engines) being studied. The project site is located south of Corporate Center Drive and surrounded by Corporate Center Curve on the west and south sides. To the east side of the property is a two story office building. The subject property is zoned PD (Planned Development) as are the immediately adjacent sites on all sides. Properties further to the north and east are zoned I -1 (Limited Industrial). The adjacent properties will have no significant impact from this small addition. This submittal is requesting city review for a Planned Development Amendment as required for this proposed addition. This small research laboratory addition is planned to begin construction shortly after city approvals this summer and be completed before the end of 2013. The current 2.98 acre site has currently an impervious surface coverage of 54% (building and paving) which will decrease by I% with the addition as approximately 1,200 square feet of current parking drive aisle will be turned into landscape and sodded areas. The addition itself will cover previously paved areas so, combined with the added landscaping, the storrnwater load will decrease with the proposed addition. The current grades in the area of the addition are at the high spots and slope away from the addition to a catch basin in the northwest corner of the existing parking lot, consequently no significant changes in grading and stormwater flow will result from this addition. The research laboratory addition is designed to closely match the existing office building using primarily a brick exterior, significant window area, and a small amount (less than 10 %) of EIFS / stucco trim. The attached trash enclosure and transformer screen walls are of matching brick construction. The trash enclosure gate will be solid with painted metal frame and pre - finished metal infill panels. The building massing is complementary to the existing office building adding visual interest to the existing west facade as shown in the project rendering submitted with this application. The one -story addition is somewhat over half the height of the 2 -story existing building to meet the interior height clearances needed for the laboratory functions required by the Owner. Consequently, a two story addition would be impossible as the floor heights could not align. The proposed landscape will enhance the site and building and includes foundation plantings, P: PROJECTS _'013 13023 2- DES IG?J CITY REVIEW (SITE. CCP).PROJECT NARRATIVE REV LDOC RECEIVED JUL 012013 ko° NARRATIVE additional screening of the existing parking lot along the north, and several additional trees. The existing site is irrigated and the new grass and planting areas will include extensions of the existing system. In addition to the landscape plantings shown on the attached plans, upon staff request we will also provide decorative grasses to help screen the transformer while still allowing the utility to replace the transformer at any time as is their requirement. The current site includes 13 8 parking stalls which is significantly more than is used on a daily basis. The proposed addition results in the loss of only 4 parking stalls as most of the area being disturbed is vehicle circulation. Site lighting will remain as currently existing with the minor exception of moving one existing pole about 10 feet west to allow room for access to the new trash enclosure. There will be no new site utilities brought into the site, however the existing water service and electrical service will be shortened to enter into the addition as their current entrances will be covered by the addition. In conclusion, the proposed addition will provide additional space for the client to conduct physical research on power systems. The addition will blend nicely into the existing building aesthetics and will include significant landscaping, both enhancing the west fagade of the existing building. On behalf of Power Systems Research, thank you for your consideration of this submittal, Sincerely, d1-14 Quinn S. Hutson, AIA, LEED AP Principal CNH Architects, Inc. P: PROJECTS 1013 130111 - DESIGN CITY REVIEW (SITE. CUP) PROJECT NARRATIVE REV LDOC V Vs AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER AUGUST 5, 2013 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes, June 25, 2013 2. APPROVE EDA Minutes, July 16, 2013 3. RATIFY Findings of Fact to Approve the Real Estate Purchase Agreement between the Eagan EDA and Stonebridge Development and Acquisition LLC for the area defined by the Preliminary Concept Plan dated June 25, 2013 4. APPROVE sale of east end property in the Cedar Grove redevelopment area to "The Flats of Cedar Grove, LLC" upon the same terms and conditions as proposed by Stonebridge Development and Acquisition, LLC 5. AUTHORIZE and DIRECT the City Attorney's office to take all necessary actions to pursue insurable title to the east end property in the Cedar Grove Redevelopment Area. D. OLD BUSINESS E. NEW BUSINESS F. OTHER BUSINESS Agenda Information Memo Eagan Economic Development Authority Meeting August 5, 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 25, 2013 EDA meeting are enclosed on page 1178 . 2. APPROVAL OF MINUTES — The minutes of the July 16, 2013 EDA meeting are enclosed on pagekD —A10 3. RATIFY Findings of Fact to Approve the Real Estate Purchase Agreement between the Eagan EDA and Stonebridge Development for the area defined by the Stonebridge Preliminary Concept Plan dated June 25, 2013 - At its meeting of July 2, 2013, the EDA Board directed the preparation of findings of fact to approve the purchase agreement between the EDA and Stonebridge Development for the sale of the property at the east end of the Cedar Grove Redevelopment Core Area for the development of a mixed use apartment- retail project on the site. A copy of the resolution is enclosed on pages M through t�(p . 4. APPROVE sale of east end property in the Cedar Grove redevelopment area to "The Flats of Cedar Grove, LLC" upon the same terms and conditions as proposed by Stonebridge Development and Acquisition, LLC - Stonebridge has created a development entity for this project named The Flats at Cedar Grove, LLC. An updated purchase agreement has been drafted to reference this entity. A copy of the agreement is enclosed on pages \11-1 through 139 . 5. AUTHORIZE and DIRECT the City Attorney's office to take all necessary actions to pursue insurable title to the east end property in the Cedar Grove Redevelopment Area. A coversheet is enclosed on page \20. l Oil MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota June 25, 2013 A closed session of the Eagan Economic Development Authority Board was held at 5:50 p.m. on Tuesday, June 25, 2013, to discuss the purchase agreement from Stonebridge Development and Acquisition LLC, to acquire approximately 4.8 acres of land of the eastern most portion of Cedar Grove Redevelopment District. Present were President Maguire, Commissioner Bakken, Commissioner Fields, Commissioner Hansen and Commissioner Tilley. Also present were Executive Director Osberg, Community Development Director Hohenstein, City Attorney Bauer and Finance Director Tom Pepper. The session concluded at 6:30 p.m. Date David M. Osberg, Executive Director I) MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota July 16, 2013 A meeting of the Eagan Economic Development Authority was held on Tuesday, June 16, 2013 at the Eagan Municipal Center. Present were President Maguire, Commissioner Bakken, Commissioner Fields, Commissioner Hansen. Commissioner Tilley was absent. 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. Community Development Director Hohenstein noted on Consent Agenda Item 3 — to Ratify Findings of Fact to approve the Real Estate Purchase Agreement between the Eagan EDA and Stonebridge Development and Acquisition LLC for the area defined by the Preliminary Concept Plan dated June 25, 2013 — is being requested to continue consideration of the Findings of Fact regarding the purchase agreement between the EDA and Stonebridge to the August 5, 2013, EDA meeting. ADOPT AGENDA Commissioner Hansen moved, Commissioner Bakken seconded a motion to approve the agenda as presented. Aye:4 Nay:0 CONSENT AGENDA Commissioner Fields moved, Commissioner Hansen seconded a motion to approve the Consent Agenda as amended. Aye: 4 Nay: 0 1. It is recommended to approve the minutes of July 2, 2013 EDA meeting as presented. 2. It is recommended to approve ratify Findings of Fact to approve the real estate purchase agreement between the Eagan EDA and Jensen and Jensen LLC for the sale of EDA Property at 3830 Sibley Memorial Highway. 3. Item has been continued to the August 5, 2013, EDA meeting. 4. It is recommended to approve and authorize staff and the City Attorney to Obtain /Grant the necessary easements for the proposed Stonebridge Development. There was no Old Business. There was no New Business. There was no Other Business. OLD BUSINESS NEW BUSINESS OTHER BUSINESS � 09 ADJOURNMENT Commissioner Fields moved, Commissioner Hansen seconded a motion to adjourn the meeting. Aye: 4 Nay: 0 Date [m David M. Osberg, Executive Director BEFORE THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Sale of Property to Stonebridge Development and Acquisition, LLC FINDINGS OF FACT, CONCLUSIONS AND RESOLUTION This matter came before the Eagan Economic Development Authority (the "EDA ") at its meeting of July 2, 2013. The EDA received and considered public comment; input from City staff; the opinion of value from the EDA's Appraiser, Paul J. Gleason; the materials from the EDA's Financial Consultants Ehlers and Associates, Inc.; as well as the Sale and Purchase Agreement proposed by Stonebridge Development and Acquisition, LLC (hereinafter "Stonebridge ") Based upon all the files, records and input which were presented at the meeting, the EDA makes the following Findings of Fact, Conclusions and Resolution. FINDINGS OF FACT 1. The City has taken steps to bring about the redevelopment of the Cedar Grove Redevelopment Area (the "Redevelopment District "), including public improvements, environmental reviews, adoption of a Comprehensive Guide Plan Amendment and zoning modifications to create a Special Area, the adoption of Cedar Grove District building standards, and the initiation of redevelopment activity in a portion of the district, all being consistent with the City's plans for the area. 2. On or about October 2, 2001, the EDA approved the establishment of the Redevelopment District and the City Council approved the creation and establishment of a Tax Increment Financing District referred to as Tax Increment Financing District No. I (the "TIF District ") in connection with the Cedar Grove Redevelopment Area, all pursuant to the M authority granted by Minnesota Statutes, Sections 469,090 to 469.108 and 469.001 to 469.047 and Sections 469.174 through 469.179 (collectively, the "Acts "), 3. Pursuant to the Acts on or about October 2, 2001, the EDA approved the adoption of and the City Council approved a Redevelopment Plan (the "Redevelopment Plan ") and a tax increment financing plan (the "TIF Plan ") to finance a portion of the public redevelopment costs of the Redevelopment District, The TIF Plan was certified on July 22, 2003. 4. In order to achieve the objectives of the Redevelopment Plan and the TIF Plan, the EDA has previously determined to provide substantial aid and assistance through the financing of certain land acquisition, relocation, demolition, soil correction, site improvements and public improvement costs in the Redevelopment District. 5. Since the creation of the Redevelopment District, the City has worked with redevelopers and most recently Pratt Development, Inc. to solicit proposals for development of the Redevelopment District. With the downturn in the economy, proposals to develop within the Redevelopment District have been limited. 6. In furtherance of the EDA's objectives, a conceptual development proposal was presented by Stonebridge to acquire approximately 4.8 acres of land legally described on Exhibit "A" and depicted on Exhibit "B" (hereinafter the "Property ") for the construction of a market rate apartments and approximately 12,000 sq. ft. of retail (the "Proposed Development "). 7. The sale of Property to accomplish the Proposed Development will cause an increase in the tax capacity of the Redevelopment District resulting in significant tax increment to reimburse the EDA for prior expenditures within the Redevelopment District. ��a 8. The Proposed Development will also create additional job opportunities within the Redevelopment District which is also consistent with the Redevelopment Plan. 9. The Proposed Development is also consistent with the Redevelopment Plan as it will to provide a multiple store building with dense development. 10. Under the proposed purchase agreement, Stonebridge will acquire the Property for $1,800,000.00 and the EDA will provide sanitary area charge credits in the amount of $264,000.00 (the "Purchase Terms "), which credits are available as part of the demolition of existing buildings within the Redevelopment District. To confirm that the Purchase Terms represent a fair market value transaction, the EDA has retained the services of appraiser Paul J. Gleason. Mr. Gleason has provided a Restricted Use Appraisal Report to the City Attorney and has offered an opinion that the Purchase Terms reflect a fair market value transaction between the EDA and Stonebridge. 11. The City's financial consultant, Ehlers & Associates, Inc., has similarly provided a "But For" analysis and has confirmed that the Purchase Terms are consistent with current market conditions and that the Proposed Development may not reasonably be expected to occur solely through private investment without the assistance of the EDA and the corresponding sanitary area credits. CONCLUSIONS 1. The Purchase and Sale Agreement proposed by Stonebridge to develop approximately 180 market rate residential apartments and approximately 12,000 sq. ft. of retail is consistent with the EDA's objectives to redevelop the Redevelopment District in accordance with the Redevelopment Plan. kt�) 2. The Purchase Terms for the Property, including the contribution by the EDA of the sanitary area credits, are fair and reasonable and represent a fair market value transaction. RESOLUTION The EDA does hereby approve the sale of the Property to Stonebridge Development and Acquisition, LLC for construction of approximately 180 market rate apartments and approximately 12,000 square feet of retail. Dated at Eagan, Minnesota this 16th day of July 2013. EAGAN ECONOMIC DEVELOPMENT AUTHORITY By: Mike Maguire President By: David M. Osberg Executive Director u4 EXHIBIT "A" • Lot 1 Block 1 Cedar Grove Pkwy • Lot 2 Block 1 Cedarvale 2nd Addition • Outlot A Cedarvale 2nd Addition • SECTION 19, TOWNSHIP 27, RANGE 23 PT OF NE 1/4 COM 609.74 FT S & S 38D 27M 22S W 11.31 FT OF NE COR N 44D 36M 10S W 249.80 FT TO PT OF BEG S 47D 52M 26S W 150 FT N 44D 36M 10S W 290.40 FT NE & PARR TO SE R/W SH #13 150 FT S 44D 36M 10S E 290.40 FT TO PT OF BEG • SECTION 19, TOWNSHIP 27, RANGE 23 PT OF NE 1/4 COM 609.74 FT S & S 38D 27M 22 S W 11.31 FT OF NE COR S 38D 27M 22S W 150.98 FT N 44D 36M 105 W 274.60 FT N 47D 52M 26S E 150 FT S 44D 36M IOS E 249.80 FT TO BEG 05 SALE AND PURCHASE AGREEMENT THIS SALE AND PURCHASE AGREEMENT (the "Agreement "), is made as of July , 2013 (the "Effective Date" of this Agreement) between the Eagan Economic Development Authority, a public body corporate and politic and a political subdivision of the State of Minnesota (the "Seller ") and The Flats at Cedar Grove, LLC, a Minnesota limited liability company, and its assigns (the "Buyer "). In consideration of the mutual covenants and agreements hereinafter contained, the parties agree as follows: 1.) SALE AND PURCHASE OF REAL PROPERTY. Seller shall sell to Buyer, and Buyer shall purchase from Seller the following property (the "Real Property "): A parcel of land located in the City of Eagan, County of Dakota, State of Minnesota containing approximately 4.8 acres and legally described on Exhibit "A" attached hereto and incorporated herein. 2.) PURCHASE PRICE AND MANNER OF PAYMENT. The purchase price ( "Purchase Price ") to be paid by Buyer to Seller for the Real Property shall be One Million Eight Hundred Thousand Dollars ($1,800,000.00). 3.) EARNEST MONEY. Fifty Thousand and No /100 Dollars ($50,000.00) as earnest money paid no later than three (3) business days after the Effective Date (the "Earnest Money ") to the Title Company, as defined herein. The balance of the Purchase Price, plus or minus any prorations and other adjustments required hereunder, shall be paid in cash, wire transfer, or guaranteed funds on the Closing Date. 4.) CONDITIONS TO BUYER'S OBLIGATIONS. The obligations of Buyer under this Agreement are conditioned upon satisfaction or waiver by Buyer of each of the following by the respective dates indicated: (a) Access. Seller shall allow Buyer and Buyer's agents access to the Real Property without charge and at all reasonable times for the purpose of investigation and testing. Buyer shall pay all costs and expenses of such investigation and testing and shall indemnify, defend and hold Seller and the Real Property harmless from all costs and liabilities relating to Buyer's activities; provided that Buyer shall not be responsible for existing conditions on the Real Property nor the cost of investigations or studies completed by Seller before the Effective Date. Buyer shall further repair any damage to the Real Property caused by or occurring as a result of Buyer's testing. (b) Cooperation. Seller shall, without charge to Buyer, cooperate in Buyer's attempts to obtain all governmental approvals and permits necessary in Buyer's judgment in order to allow the lawful use of the Real Property for Buyer's intended purposes. Nothing in this Agreement shall be deemed a waiver of the Eagan City Council's right to exercise its legislative discretion to approve or reject any development proposal presented to the City by Buyer. (c) Documents. Within ten (10) days after the date of this Agreement, Seller shall deliver to Buyer true and correct copies of all of the Documents (as hereinafter defined) for Buyer's examination and analysis. tea 1 (d) Document Review. Buyer shall have determined in its sole discretion, that it is satisfied with its examination and analysis of all contracts, agreements, plans, warranties and all other documents in connection with the Real Property (together with any amendments thereto), including, without limitation, the following (all of which are collectively referred to herein as the "Documents "): (i) Phase I ESA. Copies of any environmental reports, including any Phase I Environmental Site Assessments and /or Phase II Environmental Site Assessments, concerning all or part of the Real Property that are in Seller's possession or control. (ii) Surveys and Mates. To the extent available, surveys, plats or other depictions relating to the Real Property and copies of all wetland analyses, planning studies, aerial photographs, topographical maps or studies, engineering studies and plans and mylars. (iii) Title Insurance Policies. All title insurance policies with exception documents related to the Real Property. (e) Governmental Approvals. Buyer shall have obtained, at its sole cost and expense, all governmental permits, approvals and licenses from all applicable governmental authorities as Buyer deems necessary in its sole discretion for its intended development, construction and use of the Real Property, including without limitation obtaining approvals for rezoning, preliminary planned development and preliminary subdivision, and final approvals from the Planning Commission, Economic Development Authority and City Council. (f) Platting. Seller shall have consolidated all parcels into a platted lot at Seller's sole cost and expense. (g) Title. Title shall have been found acceptable by Buyer in its sole discretion, or been made acceptable, in accordance with the requirements and terms of Section 6 below. (h) Financing. Buyer shall have obtained financing for the purchase of the Real Property on terms satisfactory to Buyer in Buyer's sole discretion. (i) Access. Buyer shall have determined that there is access, acceptable to Buyer, to Nicols Road and Cedar Grove Parkway. 0) Right of First Offer. In the event that Buyer does become the owner of the Real Property, Seller agrees that if it resolves to sell all or any portion of Outlot A, Paragon Addition (the "Property "), Buyer shall have a right of first offer ( "Right of First Offer "). Seller agrees, before marketing the Property to third parties or accepting any offers therefor for market rate apartments, to provide written notice to Buyer that Seller is willing to sell the Property or a specified portion thereof (a "Property Availability Notice "), which Property Availability Notice shall specify (a) the portion of the Property which Seller intends to sell; and (b) the price at which Seller intends to offer such portion of the Property to third parties. For the next thirty (30) days after the date of the delivery of the Property Availability Notice, Seller shall negotiate exclusively with Buyer for the sale of the Property (or the specified portion thereof). If, at the expiration of such thirty (30) day period, Buyer and Seller have been unable to reach an agreement on the terms of which Seller would sell the specified portion of the Property to Buyer, Seller shall have the right to consider and accept offers from third parties for such portion of the Property; provided, however, that Seller shall not agree to sell the applicable portion of the Property to any third party for a price of less than 105% of the price most recently offered in writing by Buyer, u9 without giving Buyer at least ten (10) days' notice thereof and an opportunity to amend Buyer's most recent offer; provided, however, that the foregoing prohibition shall not apply if Seller determines in its reasonable discretion and in good faith that the third party offer in question is materially more favorable to Seller than Buyer's Most recent offer on other material terms. Upon a sale of any portion of the Property to a third party pursuant to the terms of this Section, Buyer's Right of First Offer shall expire as to the Property sold to such third party. Notwithstanding the foregoing, the Right of First Offer shall automatically expire upon December 31, 2016. (k) Sanitary Area Charge Credits. Buyer and Seller shall have completed a separate development agreement to provide Buyer with sanitary area charge credits totaling Two Hundred Sixty -four Thousand and no /100 Dollars ($264,000.00). (1) Storm Water. Buyer shall have received appropriate assurances that all storm water shall be permitted to be discharged in the area pond and no area fee shall be charged to the Buyer. (m) Roads and Utilities. Buyer shall be satisfied that the Real Property has appropriate road access and available utilities. (n) Miscellaneous. There shall exist no moratorium, no levied or pending assessments, no unresolved adequate public facility issues, and no other governmental actions preventing the issuance of building permits for building residential units on the Real Property. (o) Representations and Warranties. The representations and warranties of Seller contained in this Agreement will be true now and on the Closing Date as if made on the Closing Date. If any condition set forth in this Section 4 has not been satisfied or waived by Buyer within one hundred fifty (150) days of the Effective Date (the "Inspection Deadline "), then Buyer may, at Buyer's option, terminate this Agreement. Upon receipt of such notice from Buyer, Seller shall promptly return the Earnest Money to Buyer. Upon such termination and return, neither Seller nor Buyer shall have any further rights or obligations under this Agreement except for the covenants made in Section 11 (the "Surviving Covenants "). If Buyer has not terminated this Agreement on or before the Inspection Deadline, then Buyer shall be deemed to have waived the contingencies set forth herein. 5.) CONDITIONS TO SELLER'S OBLIGATIONS. The obligations of Seller under this Agreement are conditioned upon Buyer obtaining, at Buyer's sole cost and expense, approval by the Eagan City Council to construct approximately 180 market rate apartments for approximately 14,000 square feet of retail development with building finishes that meet or exceed the Cedar Grove Zoning District standards (the "Development Property "). 6.) TITLE MATTERS. Title examination shall be conducted as follows: (a) Title Evidence. Immediately following the Effective Date, Seller shall obtain the following title evidence (collectively, the "Title Evidence "): (i) Title Insurance Commitment. A commitment ( "Title Commitment ") from Land Title, Inc. or such other title company selected by Buyer (the "Title Company ") for an ALTA Form B 2006 Owner's Policy of Title Insurance committing to insure a marketable title to the Real Property in Buyer; deleting so- called "standard exceptions" related to survey matters, parties in possession, and liens for labor, materials and services; including affirmative insurance regarding appurtenant easements, separate real estate taxation, and contiguity, \ \9� in the amount of the Purchase Price, and issued by the Title Company. The cost of the Title Commitment shall be paid by the Seller. The Title Commitment shall include complete and accurate copies of all matters described in Schedule B thereof; and (ii) Survey. A current survey of the Real Property, if needed as determined by Seller, certified to Seller, Buyer, Title Company and Buyer's lender, prepared in accordance with ALTA /ACSM standards and such other requirements as requested by Buyer or Buyer's lender (the "Survey "). Seller shall deliver a copy of the survey to Buyer, and Buyer shall have five (5) days following receipt thereof, to either approve or disapprove of the composition of the Real Property as depicted therein. If the Buyer disapproves of the survey, the parties shall confer as to reconciling the issues with the survey. The cost of the Survey shall be paid by the Seller. (b) Buyer's Objections. Within thirty (30) days after receiving the last item of the Title Evidence, Buyer shall notify Seller of any objections ( "Objections ") to matters disclosed in the Title Evidence. Buyer shall be deemed to have automatically made Objections to any mortgage, judgment, tax lien, mechanic's lien and any other monetary lien against the Real Property (collectively "Monetary Liens "). With respect to any update to the Title Commitment and /or the Survey, Buyer shall have 10 days after Buyer's receipt of the applicable updated Title Commitment and /or Survey to notify Seller of any Objections; provided that Buyer shall not have the right to object to any matters that were shown on a previous Title Commitment and /or Survey and not timely objected to by Buyer. Seller shall use reasonable efforts to correct any Objections which shall include, if applicable, payment of the Monetary Liens out of proceeds from Closing on the Closing Date if they are not satisfied prior thereto. At Closing, Buyer shall have the right to require endorsement(s) to the Title Policy. If the Objections are not cured prior to the Closing Date, Buyer will have the option to do any of the following by notice provided to Seller: (i) Terminate. Terminate this Agreement pursuant to Section 4 herein, on or before the Closing Date. Upon receipt of such notice from Buyer, Seller shall promptly return the Earnest Money to Buyer. Upon such return, neither Seller nor Buyer shall have any further rights or obligations under this Agreement, except for the Surviving Covenants; or (ii) Waive. Waive the Objections and close the transaction contemplated by this Agreement as if such Objections had not been made. (c) Title Policy. If the Closing occurs, Title Company shall issue an owner's title insurance policy ( "Title Policy ") pursuant to the Title Commitment, or a suitable mark up of the Title Commitment initiated by the Title Company undertaking to issue such a Title Policy within a reasonable time in the form required by the Title Commitment as approved by Buyer. 7.) CLOSING PROCEDURES. (a) Closing. The closing of the purchase and sale contemplated by this Agreement (the "Closing ") shall occur no later than October 10, 2013 (the "Closing Date "). The Closing shall take place at 10:00 a.m. local time at the office of Title Company, or such other location as determined by the Buyer. 3,C) (b) Seller's Closing Documents. On the Closing Date, Seller shall execute and /or deliver to Buyer the following (collectively, the "Seller's Closing Documents "): (i) Deed. A Limited Warranty Deed (the "Deed "), in recordable form, conveying marketable title to the Real Property to Buyer, free and clear of all encumbrances, other than those encumbrances not objected to or waived pursuant to Section 6. The deed must incorporate a covenant running with the land as required by MINN. STAT. § 469.105. At closing Seller shall provide to the Title Company a release of the covenant required by Minn. Stat. 469.105 in the form and text of Exhibit `B" which shall be held by the Title Company only until receiving confirmation from Buyer that it has begun work on the Development Property, which may include but is not limited to site excavation, clearing, grading or soil correction. Immediately thereafter, Title Company shall record the Seller's release and provide evidence of the same to Buyer. The obligations of Seller under this Section 7(b)(1) shall survive and be enforceable after Closing; (ii) Title Policy. The Title Policy, or a suitably marked -up Title Commitment, as provided for in Section 6, herein; (iii) Seller's Affidavit. An Affidavit by Seller indicating that on the Closing Date there are no outstanding, unsatisfied judgments, tax liens, or bankruptcies against or involving Seller or the Real Property; that there has been no skill, labor, or material furnished to the Real Property for which payment has not been made or for which mechanics' liens could be filed; and there are no other unrecorded interests in the Real Property, together with whatever standard owner's affidavit as may be required by the Title Company to issue the Title Policy; (iv) FIRPTA Affidavit. A nonforeign affidavit, properly executed and in recordable form, containing such information as is required by IRC Section 1445(b)(2) and its regulations; (v) Original Documents. Seller shall deliver to Buyer all original Documents (or suitable copies thereof) that may be necessary for Buyer to develop and operate the Real Property. Where necessary to comply with statutory record retention requirements, Seller may retain originals of records and provide copies to Buyer; and (vi) Other Documents. All other documents reasonably determined by Buyer or the Title Company to be necessary to transfer the Real Property to Buyer. (c) Buyer's Closing Documents. On the Closing Date, Buyer will execute and /or deliver to Seller the following (collectively, "Buyer's Closing Documents "): (i) Purchase Price. The balance of the Purchase Price to be paid as required by Section 2 hereof, and (ii) Title Documents. Such affidavits of Buyer or other documents as may be reasonably required by the Title Company in order to record Seller's Closing Documents and issue the Title Policy. a. 8.) PRORATIONS. Seller and Buyer shall make the following prorations and allocations at the Closing: (a) Title Insurance and Closing Fee. Seller shall pay the cost of the Title Commitment. Buyer shall pay the cost of the premium for the Title Policy. Buyer will pay all reasonable and customary closing fees or charges imposed by the Title Company or its designated closing agent. (b) Deed Tax. Seller shall pay all state deed tax due on the Deed to be delivered by Seller under this Agreement. (c) Real Estate Taxes and Special Assessments. Seller shall pay or cause to be paid all general real estate taxes payable for the Real Property in the years prior to the year in which the Closing occurs, and any deferred or Green Acres real estate taxes. Seller and Buyer shall prorate the general real estate taxes payable for the Real Property in the year of closing as of the Closing Date based upon the calendar year. Seller shall pay, on or before the Closing Date, all special assessments levied, "pending," deferred or constituting a lien against the Real Property as of the Closing Date, including, without limitation, all installments of special assessments, including interest, payable in the year of Closing. Nothing in this subparagraph shall be deemed a waiver of the City's ability to lawfully impose future special assessments on the Real Property as well as any assessments that may be agreed to by Buyer as part of the development of the Real Property. Buyer shall be responsible for any sanitary area charges, water area charges, water quality and other established City fees associated with its development of the Real Property. (d) Recording Costs. Seller will pay the cost of recording all documents necessary to place record title in Seller in the condition warranted by Seller in this Agreement. Buyer will pay the cost of recording all other documents. (e) Attorneys' Fees. Seller and Buyer shall each pay its own attorneys' fees in connection with the preparation and negotiation of this Agreement and the Closing, except that a party defaulting under this Agreement or any of its respective Closing Documents shall pay the reasonable attorneys' fees and court costs incurred by the nondefaulting party to enforce its rights regarding such default. 9.) OPERATION PRIOR TO CLOSING. During the period from the Effective Date through the Closing Date (the "Executory Period "), Seller shall not execute any contracts, leases, or other agreements regarding the Real Property, nor perform any act that would impair or encumber the title to the Real Property or affect the condition of the Real Property. 10.) REPRESENTATIONS, WARRANTIES BY SELLER. Seller represents and warrants to Buyer as follows, which representations and warranties shall be true and correct as of the Closing: (a) Organization; Authority. Seller has the requisite power and authority to execute and perform this Agreement and any Seller's Closing Documents to be signed by it; such documents have been (or will be prior to Closing) duly authorized by all necessary action on the part of Seller and at the Closing shall have been duly executed and delivered; such execution, delivery, and performance by Seller of such documents does not conflict with or result in a violation of any judgment, order, or decree of any court or arbiter to which Seller is a party, or any agreement by which Seller is bound; and such documents are and shall be valid and binding obligations of Seller, enforceable in accordance with their terms. (b) Title to Real Property. Seller owns the Real Property and has good marketable title, free and clear of all encumbrances, except those encumbrances listed in the Title Commitment. (c) Mechanic's Liens. All labor and materials which have been provided to the Real Property have been fully paid for or will be fully paid for, prior to the Closing Date. (d) Utilities. Gas, sanitary, and storm sewer and water lines are available to the Real Property. Seller has received no notice of actual or threatened reduction or curtailment of any utility service now supplied to the Real Property. (e) Rights of Others to Purchase Real Property. Seller has not entered into any other contracts, agreements or understandings, whether oral or written, for the sale of all or any portion of the Real Property, and there are no existing rights of first refusal or options to purchase all or any portion of the Real Property, or any other rights of others that might prevent the consummation of this Agreement. (f) Storage Tanks. There are no above - ground or underground tanks are located in or about the Real Property. (g) Wells and Septic. Seller knows of no wells on the Real Property. At the time of Closing, Seller will deliver any required well certificate pursuant to applicable laws. There is no "individual sewage treatment system" within the meaning of Minn. Stat. Section 115.55 on or serving the Real Property. Sewage generated at the Real Property goes to a facility permitted by the Minnesota Pollution Control Agency. (h) Assessments. Seller has not received any notice of any actual or proposed special assessments or reassessments of the Real Property. (i) Litigation and Other Matters. Seller has received no notice, and has no knowledge of any pending notice, of a violation of any statutes, ordinances, regulations, judicial decrees, or orders, or the pendency of any lawsuits, administrative or arbitration hearings, governmental investigations, proceedings, applications, petitioners, or other matters affecting the Real Property or the use thereof. 0) Rights of Others to Purchase Real Property. Seller has not entered into any other contracts, agreements or understandings, whether oral or written, for the sale of all or any portion of the Real Property, and there are no existing rights of first refusal or options to purchase all or any portion of the Real Property, or any other rights of others that might prevent the consummation of this Agreement. (k) Condemnation. Seller has not received any notice of any pending condemnation, eminent domain or other similar action, suit or proceeding that would affect the Real Property. (1) Hazardous Substances. Except as set forth in the Phase I and Phase 11 reports on file with the City of Eagan, there are no Hazardous Substances stored, deposited or located within the property or under the surface of the property. For purposes of this warranty and representation, the term "Hazardous Substances" means asbestos and asbestos - containing materials, polychlorinated biphenyls, nuclear fuel or materials, chemical waste, radioactive materials, explosives, known carcinogens, petroleum products, or other dangerous, toxic, or hazardous pollutant, contaminant, chemical, material or substance defined as hazardous or as a pollutant or contaminant in, or the release or disposal of which is regulated by, any Environmental Laws. For �a_� purposes of this Agreement, the term "Environmental Laws" shall mean the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ( "CERCLA "), 42 U.S.C. §§ 9601 -9657, as amended, and any other federal, state and local laws, rules and regulations dealing with Hazardous Substances, the environment or public health. (m) FIRPTA. Seller is not a "foreign person," "foreign partnership," "foreign trust" or "foreign estate," as those terms are defined in Section 1445 of the Internal Revenue Code. (n) Airport Zoning Ordinance. For the purposes of satisfying any applicable requirements of Minn. Stat. § 360.065, a copy of any airport zoning regulations affecting the Real Property can be reviewed or obtained at the Office of the Dakota County Recorder. Except for the warranties, covenants and representations explicitly set forth in this Agreement, Seller and Buyer agree that Buyer will accept possession of the Real Property in its AS -IS condition, WITH ALL FAULTS, and the sale of the Real Property to Buyer shall be without any other representation, covenant or warranty of any kind, express or implied, and Buyer, for Buyer, Buyer's agents, attorneys, representatives, heirs and assigns does hereby disclaim and renounce any other representation or warranty. The representations and warranties in this Section 10 shall survive the Closing. 11.) REPRESENTATIONS, WARRANTIES AND INDEMNITY BY BUYER. Buyer represents and warrants to Seller that Buyer has the power and authority to execute this Agreement and any Buyer's Closing Documents signed by it; that all such documents have been authorized by all necessary action on the part of Buyer and at the Closing shall have been duly executed and delivered; that the execution, delivery, and performance by Buyer of such documents does not conflict with or violate any judgment, order or decree of any court or arbiter or any agreement by which Buyer is bound; and that all such documents are valid and binding obligations of Buyer and are enforceable in accordance with their terms. Buyer will indemnify Seller and its successors and assigns against, and will hold Seller and its successors and assigns harmless from, any expenses or damages, including reasonable attorneys' fees that Seller incurs because of the breach of any of the above representations and warranties, whether such breach is discovered before or after Closing, for two (2) years after the Closing Date. 12.) CONDEMNATION. If, prior to the Closing Date, any governmental entity commences any eminent domain proceedings ( "Proceedings ") against all or any part of the Real Property, Seller shall give notice to Buyer of such fact, and, at Buyer's option (to be exercised by notice to Seller within thirty (30) days after Seller's notice), this Agreement shall terminate, in which event Title Company shall promptly return the Earnest Money to Buyer. Upon such termination and return, neither Seller nor Buyer shall have any further rights or obligations under this Agreement, except for the Surviving Covenants. If Buyer does not give such notice, then there shall be no reduction in the Purchase Price, provided, however, that Seller shall assign to Buyer at the Closing Date all of Seller's right, title, and interest in and to any award made or to be made in the Proceedings. Prior to the Closing Date, Seller shall not designate counsel, appear in, or otherwise act with respect to the Proceedings without Buyer's prior written consent. 13.) ASSIGNMENT. Buyer reserves the right, at Buyer's sole discretion, to assign all or part of its interest in and to this Agreement to an affiliate of Buyer. Notwithstanding the foregoing, neither Seller nor Buyer may assign its rights under this Agreement for any other purpose, without the prior written consent of the other party. �a4 14.) SURVIVAL. All of the covenants, representations and warranties made in this Agreement which either by their terms expressly survive Closing, or are contained in any schedule, exhibit, certificate, or document delivered at Closing, will survive and be enforceable after the Closing. 15.) NOTICES. Any notice required or permitted to be given under any provision of this Agreement shall be in writing and shall be deemed to have been given in accordance with this Agreement, if it is mailed, by United States certified mail, return receipt requested, postage prepaid; or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows: If to Seller: Eagan Economic Development Authority 3830 Pilot Knob Road Eagan, Minnesota 55122 with a copy to: Dougherty, Molenda, Solfest, Hills & Bauer P.A. 7300 West 147th Street Suite 600 Apple Valley, Minnesota 55124 Attn: Robert B. Bauer If to Buyer: The Flats at Cedar Grove, LLC Attn: Jeffrey R. Peterson 200 South 6th Street, Ste #1300 Minneapolis, MN 55402 with a copy to: Larkin, Hoffman, Daly & Lindgren, Ltd. 1500 Wells Fargo Plaza 7900 Xerxes Avenue South Minneapolis, Minnesota 55431 Attention: Peter J. Coyle Notice shall be effective, and the time for response to any notice by the other party shall commence to run, one (1) business day after any such mailing or deposit. Either Seller or Buyer may change its address for the service of notice by giving notice of such change to the other party, in any manner above specified, ten (10) days prior to the effective date of such change. Notwithstanding the foregoing, any party may give any other party written notice hereunder by any means other than by United States registered or certified mail or overnight courier, which is reasonably calculated to reach the other party, including but not limited to hand delivery, email transmission or facsimile transmission, provided that any such notice shall be deemed to have been given and shall be effective only when actually received by the addressee, proof of which shall be furnished by the party sending such notice 16.) CAPTIONS, EXHIBITS. The section and paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement, and are not to be considered in interpreting this Agreement. All schedules, exhibits, addenda or attachments referred to herein are hereby incorporated in and constitute a part of this Agreement. 17.) ENTIRE AGREEMENT; MODIFICATION. This written Agreement constitutes the complete agreement between Seller and Buyer and supersedes any prior oral or written agreements between them regarding the Real Property. There are no oral agreements that change this Agreement, and no amendment of any of its terms will be effective unless in writing and executed by both Seller and Buyer. CDT 18.) BINDING EFFECT. This Agreement binds and benefits Seller and Buyer and their respective successors and assigns. 19.) CONTROLLING LAW. This Agreement has been made under, and will be interpreted and controlled by, the laws of the State of Minnesota. 20.) WAIVER. No waiver of the provisions of this Agreement shall be effective unless in writing, executed by the party to be charged with such waiver. No waiver shall be deemed a continuing waiver or waiver in respect of any subsequent breach or default, either of similar or different nature, unless expressly stated in writing. 21.) COUNTERPARTS. This Agreement may be executed in any number of counterparts and each such counterpart shall be deemed to be an original instrument, but all such counterparts together shall constitute but one Agreement. 22.) FACSIMILE SIGNATURES. This Agreement may be executed with signatures transmitted by facsimile or email and shall constitute a binding agreement with such signatures. Nonetheless, any party providing facsimile or emailed signatures shall provide the other party with the original signatures within five (5) business days after providing the facsimile signature page(s). 23.) SEVERABILITY. If any provision of this Agreement is invalid or unenforceable, such provision shall be deemed to be modified to be within the limits of enforceability or validity, if feasible; however, if the offending provision cannot be so modified, it shall be stricken and all other provisions of this Agreement in all other respects shall remain valid and enforceable. 24.) LIMITATION OF LIABILITY. Upon Closing, Buyer shall neither assume nor undertake to pay, satisfy or discharge any liabilities, obligations or commitments of any Seller other than those specifically agreed to between the parties and set forth in this Agreement. 25.) REMEDIES. Time is of the essence of this Agreement. If Seller fails to perform any of its obligations under this Agreement, Buyer's sole remedy is to terminate this Agreement and obtain a full refund of all the Earnest Money. If Buyer defaults in performance of its obligations under this Agreement, Seller shall have the right to terminate this Agreement in the manner provided by Minn. Stat. Sec. 559.21 and to obtain the Earnest Money (to the extent paid by Buyer) as liquidated damages. Such termination of this Agreement and receipt of the Deposits will be the only remedies available to Seller for such default by Buyer, and Buyer will not be liable for damages or specific performance. 26.) REAL ESTATE BROKERS. Seller represents to Buyer that it has entered into an Amended and Restated Preliminary Development Agreement with Pratt Development, Inc, ( "Seller's Broker ") in connection with the transactions contemplated by this Agreement. Buyer represents to Seller that it has engaged Chase and Associates, Inc. in connection with the transactions contemplated by this Agreement. All brokers fees, finders fees, commissions or other similar fees to be paid to Seller's broker, Buyer's broker and /or any employees or agents thereof in connection with the transactions contemplated by this Agreement shall be paid by Seller at Closing from Seller's proceeds therefrom. The provisions of this Section 27 shall survive the Closing. 27.) 1031 EXCHANGE. Buyer hereby represents, and Seller acknowledges, that Buyer may desire to structure the transaction evidenced hereby as part of an exchange of properties of like -kind within the contemplation of Section 1031 of the Internal Revenue Code. Seller hereby agrees to cooperate with yaw Buyer in structuring such a like -kind exchange provided that; (i) such cooperation shall be without cost or expense to Seller; (ii) Buyer shall structure the transaction as an exchange agreement involving a "Qualified Intermediary" as defined in the regulations issued under Section 1031 of the Internal Revenue Code; and (iii) the structure of the transaction shall not require Seller to hold title (as a conduit or otherwise) to any property other than the Property. [Signatures on following page.] �Q l 1465527.1 Seller and Buyer have executed this Agreement as of the date set forth above. BUYER: The Flats at Cedar Grove, LLC, a Minnesota limited liability company Jeffrey R. Peterson Its: Chief Manager SELLER: Eagan Economic Development Authority IM 52 Mike Maguire Its: President David M. Osberg Its: Executive Director MOO] EXHIBIT "B" TA IL S, 4. uDL_la:zy rtiy FL. :-e � V F X1fF,VX RELEASE OF COVENANT I, David M. Osberg, as the Executive Director of the Eagan Economic Development Authority hereby certifies that The Flats at Cedar Grove, LLC, a Minnesota limited liability company, has satisfied the requirements of Minn. Stat. §469.105, Subd (5) and the covenant described in that certain Limited Warranty deed dated and recorded on as Dakota County Recorder Document No. is hereby released and terminated. Eagan Economic Development Authority .3 STATE OF MINNESOTA ) ) SS. COUNTY OF DAKOTA ) David M. Osberg Its: Executive Director This instrument was acknowledged before me this day of , 2013 by David M. Osberg, the Executive Director of the Eagan Economic Development Authority. 0 -1� Agenda Memo Eagan Economic Development Authority Meeting August 5, 2013 5. CEDAR GROVE REDEVELOPMENT AREA -EAST END PLAT ACTION TO BE CONSIDERED: Authorize and direct the City Attorney's office to take all necessary actions to pursue insurable title to the east end property in the Cedar Grove Redevelopment Area. FACTS: As part of the redevelopment of the Cedar Grove Area, the City is working to consolidate the properties on the east end into a single platted lot to facilitate the development of the apartment project proposed by The Flats of Cedar Grove, LLC. The City's Engineering consultant, Stantec, has discovered that ownership of a small tract within the plat may be in dispute. ➢ The City Attorney's office has been working with a local title company to resolve the ownership issue. In the event the issue cannot be resolved, it may be necessary for the EDA to pursue a quiet title action or a Torren's registration proceeding to convey insurable title to the property to the Developer. ATTACHMENTS: None. �3� Agenda Information Memo Eagan Economic Development Authority Meeting August 5, 2013 F. OTHER BUSINESS There are no other items at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the EDA Meeting. N