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06/17/2014 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING JUNE 17, 2014 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) A. APPROVE MINUTES B. PERSONNEL ITEMS C. APPROVE Check Registers D. DIRECT Preparation of an ordinance amendment to City Code Chapter 6.34 relative to the sale of tobacco, tobacco - related devices, electronic delivery devices and nicotine and lobelia products E. RESCHEDULE the August 14, 2014 Special City Council Meeting to August 11, 2014 and SCHEDULE a Canvassing Board Meeting at 8:45 a.m. on August 14, 2014 F. APPROVE a resolution appointing absentee ballot board judges and designating them deputy city clerks for the purpose of administering elections G. APPROVE a temporary on -sale liquor license for the Minnesota Scottish Fair & Highland Games on July 12, 2014 at 3355 Columbia Drive H. APPROVE an off -sale 3.2 percent malt liquor (beer) license for Eagan 2014, LLC, doing business as Cub Foods, 1276 Town Centre Drive I. APPROVE a temporary on -sale liquor license and waive the license fee for Faithful Shepherd Catholic School's Septemberfest on September 19 -21, 2014 at 3355 Columbia Drive J. APPROVE a Sound Amplification Permit and Waiver of fee for an outdoor event for Faithful Shepherd on September 20, 2014 K. APPROVE a 2014 General Fund Budget Adjustment for the SAFER Grant L. APPROVE Financial Audit Services and appoint Kern DeWenter Viere, LTD (KDV) as the City Auditor for the 2014 Fiscal Year M. APPROVE Special Events Agreement with CSM for public parking during the Fourth of July Funfest N. AWARD Contract 14 -04, TH 55/149 Roadway Improvements 0. APPROVE Inflow & Infiltration (I &I) Program Surcharge Appeals P. APPROVE Services Agreement — CLIMB Theatre Company Q. APPROVE Change Order No. 1, City Contract No. 14 -01 (2014 Water Quality Storm Sewer Improvements) R. APPROVE Change Order No. 1, City Contract No. 14 -09 (TH 13/ Silver Bell Road/ Cedar Grove Parkway Intersection Improvements) S. EXTEND implementation of a Conditional Use Permit for Shaw Industries at 1090 Gemini Road T. APPROVE Professional Services Agreement with CNH Architects for a space needs analysis for the Police /City Hall Campus Facility U. ADOPT a Resolution authorizing staff to apply for a grant through the United States Department of Justice V. APPROVE Final Payment to CenturyLink — Cedar Grove Fiber Optic Line Relocation V. PUBLIC HEARINGS A. VACATE Public Drainage & Utility Easement, Lot 21, Block 1 Fawn Ridge B. PUBLIC HEARING to consider an amendment to the City's Public Financing Assistance Policy C. PUBLIC HEARING to consider Approval of Minnesota Investment Fund Application and Tax Abatement District as well as actions regarding the Minnesota Job Creation Fund and a waiver of application costs for DataBank for property located at 3255 Neil Armstrong Boulevard for Conversion of the Property to a Colocation Data Center VI. OLD BUSINESS A. COMPREHENSIVE GUIDE PLAN AMENDMENT, PRELIMINARY PLANNED DEVELOPMENT and PRELIMINARY SUBDIVISION - City Vue Commons/ Interstate Partners — A Comprehensive Guide Plan Amendment of 9.8 acres from 0 /S, Office Service to MU, Mixed Use, A Preliminary Planned Development to allow a mixed use developments and A Preliminary Subdivision of 9.8 acres to create 6 lots located at 1200 & 1211 Yankee Doodle Road, Town Centre Drive B. ORDINANCE AMENDMENT —An Ordinance Amendment to City Code Section 10.43 relative to fire, burglary and safety alarm regulation requirements VII. NEW BUSINESS VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY (There are no EDA items scheduled for consideration at this time) X. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development XI. VISITORS TO BE HEARD (for those persons not on the agenda) XII. CLOSED SESSION XIII. ADJOURNMENT 401� City of 8 Memo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR OSBERG DATE: JUNE 13, 2014 SUBJECT: AGENDA INFORMATION FOR JUNE 17, 2014 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the June 17, 2014 City Council agenda, the following items are in order for consideration. Agenda Information Memo June 17, 2014 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. Approve Minutes Action To Be Considered: To approve the minutes of June 3, 2014 regular City Council meeting as presented or modified. Attachments: (1) CA -1 June 3, 2014 minutes MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota JUNE 3, 2014 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire and Councilmembers Fields, Hansen and Tilley. Councilmember Bakken was absent. A regular meeting of the Eagan City Council was held on Tuesday, June 3, 2014 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Hansen and Tilley. Also present were City Administrator Osberg, Assistant City Administrator Miller, Director of Communications Garrison, Director of Finance Pepper, Assistant Finance Director Feldman, Director of Community Development Hohenstein, City Planner Ridley, City Engineer Gorder, Police Chief McDonald, and Executive Assistant Stevenson. AGENDA City Administrator Osberg noted two additions to the Consent Agenda, Item O. to approve an Exempt Permit for the Eagan Resource Center to hold a raffle on July 9, 2014 at Jensen's Supper Club, 3840 Cedarvale Blvd and Item P. to approve AccessEagan non- exclusive access and use agreement with Granite Telecommunications, LLC. 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 to be heard. CONSENT AGENDA Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the Consent Agenda as amended: Aye: 4 Nay: 0 A. It was recommended to approve the minutes of May 13, 2014 Special City Council meeting and May 20, 2014 regular City Council meeting. B. Personnel Items 1. It was recommended to accept the resignation of William Boyd, Utility Maintenance Worker, effective June 20, 2014 and authorize hiring his replacement. 2. It was recommended to approve the Memorandum of Understanding between the City of Eagan, MN, Michael I. Widstrom and Minnesota Teamsters Public Employees and Law Enforcement. 3. It was recommended to approve the hiring of Seasonal Employees in Parks & Recreation, Engineering, Streets, Finance, Water Quality and Utilities. C. It was recommended to approve check registers dated May 16, and May 23, 2014. D. It was recommended to approve a resolution adopting and authorizing implementation of the performance measures developed by the Council on Local Results and Innovation. E. It was recommended to accept the resignation of Michael Supina from the Advisory Planning Commission. City Council Meeting Minutes June 3, 2014 2 page F. It was recommended to appoint Joseph Dierkes to a one -year term on the Advisory Planning Commission. G. It was recommended to approve an easement vacation and final subdivision for Great Oaks 2nd Addition — Mark Gergen & Associates. H. It was recommended to adopt the 5 -year Capital Improvement Plan for Public Works Infrastructure, Part III (2015 -2019) and authorize the initiation of the public improvement process for the 2015 programmed improvements. I. It was recommended to approve specific additions and modifications to the Winter Trail Maintenance Program as endorsed by consensus at the May 13, 2014 Council Workshop. J. It was recommended to approve the final payment to Xcel Energy for the relocation of a gas pipeline, in the amount of $233,129.00 for Project 1088 (Nicols Road — Phase II — Street & Utility Improvements), and authorize the Mayor and City Clerk to execute all related documents. K. It was recommended to approve the Final Subdivision and Final Planned Development for Dakota Path 2nd Addition — D.R. Horton. L. It was recommended to approve Change Order No. 6 to Contract 13 -05 (Cedar Grove Parking Garage) and authorize the Mayor and City Clerk to execute all related documents. M. It was recommended to approve Street Sign Management & Maintenance Policy and authorize the Mayor and City Clerk to execute all related documents. N. It was recommended to approve a Final Plat upon approximately 0.75 acres located west of Biscayne Avenue and south of Red Pine Lane at Gun Club Road. 0. It was recommended to approve Exempt Permit for the Eagan Resource Center to hold a raffle on July 9, 2014 at Jensen's Supper club, 3840 Cedarvale Blvd. P. It was recommended to approve AccessEagan non - exclusive access and use agreement with Granite Telecommunications, LLC. 2013 COMPREHENSIVE ANNUAL FINANCIAL REPORT City Administrator Osberg introduced the item noting the Council is being asked to receive and accept the 2013 Comprehensive Annual Financial Report. Finance Director Pepper introduced Matt Mayer, an auditor with Kern, DeWenter, Viere, Ltd., who gave a presentation summarizing the financial report. Pepper and Assistant Finance Director Feldman were available for questions. Councilmember Fields moved, Councilmember Hansen seconded a motion to receive and accept the 2013 Comprehensive Annual Financial Report. Aye: 4 Nay: 0 PUBLIC HEARING VARIANCE (1443 LONE OAK ROAD) — THORSON HOMES, INC. City Administrator Osberg noted the property is zoned R -1 with access from Lone Oak Road. Lone Oak Road is classified as a Major Thoroughfare with the required minimum front setbacks of 50' or 125' from the right -of -way center line, whichever is greater. Osberg noted in this case, the 125' City Council Meeting Minutes June 3, 2014 3 page from the centerline is the greater measure, and equates to 67.5' setback from the front lot. City Planner Ridley gave a staff report. The applicant was present and available for questions. Mayor Maguire opened the public hearing. Nancy Gove, 1435 Lone Oak Road, addressed the Council with her concerns over the alignment of the drive. After some discussion it was determined that the alignment of the driveway was a County issue. Brian Thorson with Thorson Homes Inc., noted the driveway alignment was in accordance with previous plans. There being no further public comment, the Mayor turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Variance of variance of 17.5' to the required front yard setback of 125' from the right -of -way center line of Lone Oak Road, for property located at 1443 Lone Oak Road, subject to the following conditions: Aye: 4 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. A Building Permit shall be required prior to commencing construction. 3. New residential construction shall achieve a minimum of 19dBa interior sound level reduction within Zone 4 Buffer and an interior sound level of 45dBa. OLD BUSINESS PLANNED DEVELOPMENT AMENDMENT (FIESTA CANCUN) — TRI -STAR MANAGEMENT City Administrator Osberg noted this proposal appeared before the City Council on May 5, 2014, and was continued to the June 3, 2014 meeting to allow the applicant time to address concerns about screening, landscaping, seating, and noise. Osberg noted the applicant has submitted a revised patio plan. City Planner Ridley gave a staff report noting the revised changes to the patio plan. Ridley noted if approved a condition should be added specifying the approval date of the revised modified plan. The building owner, Mark Ravich, and the applicant were present and available for questions. The Council discussed the revised patio plan. Mayor Maguire noted the revised plan and asked if the applicant would be willing to reduce the number of tables /seats to 10 tables and 40 seats. The applicant agreed to that reduction. Mayor Maguire then noted the proposed 36" decorative railing patio enclosure and asked the applicant if he would be open to start a transition from the railing at the back gate of the patio to a durable opaque fencing consistent with City Code standards that would go from 3 ft. to 6 ft. or 8 ft. around the corner, so as to contribute to visual screening and noise mitigation. The decorative railing would then continue along the south side and the remainder of the patio to the west. Mr. Ravich was open to the suggestion. Regarding the landscaping, Mayor Maguire suggested the City Forester review the plan. The applicant was open and flexible to the size and positioning of the trees used for screening. City Council Meeting Minutes June 3, 2014 4 page Mayor Maguire opened the public comment. The following residents addressed the Council with their concerns regarding screening, landscaping, fencing, seating, trespassing, and noise: Claudia Danner, 1004 Coneflower Court, Heather Stoesz, 1001 Coneflower Court, Tim Pond, 1000 Wildflower Court, Roman Melamed, 1000 Coneflower Court, Paul Danner, 1004 Coneflower Court, and Dan Eichstaedt, 997 Coneflower Court. Ms. Danner also provided a petition of opposition signed by 68 residents of the Wildflower development. There being no further public comment, the Mayor turned the discussion back to the Council. The Council discussed the revised patio plan. Mayor Maguire made the following suggestions for compromise: to have opaque screening at 6 ft. or 8 ft. height along with landscape trees at the back of the patio, and to reduce the patio seating to a maximum of 10 tables and 40 seats. Councilmember Hansen stated he generally agreed with the proposed compromises, but asked the applicant if there was room to lower the number of patio seats. The applicant responded that he believed 40 seats would be the lowest in order to be successful with the investment given the short outdoor patio season. Councilmembers Fields agreed with the 10 tables and 40 seats, the opaque fencing and the placement of the 6 ft. trees. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to allow outdoor patio dining in conjunction with a restaurant with an on- sale liquor license upon property located at 4250 Lexington Avenue South, subject to the following conditions as amended: Aye: 4 Nay: 0 1. The outdoor dining area shall be kept in a clean and orderly manner. No food or beverages may be stored outdoors, unless a suitable means for such storage has been reviewed and approved by the City. 2. The hours of operation of the outdoor dining area shall be restricted to the hours of operation within the principal restaurant's interior space. In no case shall the outdoor dining patio be utilized after 10:00 p.m. 3. Use of an outdoor sound system shall be prohibited. 4. The applicant shall be responsible for obtaining a SAC determination and payment of associated fees. 5. Landscaping shall be added along the south and east sides of the patio outside the fence to provide a screen buffer between the patio and the neighborhood and public right -of -way, as well as for aesthetic reasons. A Landscape Plan to include an opaque fence and trees and the rear of the patio shall be provided for staff review and approval and for inclusion in the PD Amendment Agreement. 6. The outdoor patio shall be constructed of permeable pavers rather than concrete to offset decreased green space and provide additional on -site infiltration of storm water runoff. Details of the paver design and installation specification shall be submitted with the Building Permit, and shall be subject to review and approval by City Engineering staff to ensure permeable design and function. 7. The patio dining as preliminary shown on the Site Plan submitted with the latest revision date of May 12, 2014, to be revised to limit the seating to 10 tables and 40 seats. The City Council took a 10 minute recess. City Council Meeting Minutes June 3, 2014 5 page NEW BUSINESS CONDITIONAL USE PERMIT AND VARIANCE — SCOTT AND KARI ANDERSON City Administrator Osberg noted the applicants have made improvements to their property, which includes replacement /expansion of the driveway and construction of a sport court. Osberg noted there are two actions for the Council to consider: a Conditional Use Permit to exceed 25% impervious surface coverage and a variance of 7 ft. to the required maximum driveway of 22 ft. City Planner Ridley gave a staff report. The applicant, Kari Anderson, was present and available for questions. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Fields seconded the motion to approve a Conditional Use Permit to exceed 25% impervious surface coverage in a Shoreland Overlay District for a sport court and hardscape improvements for property located at 3844 Big Timber Trail, subject to the following conditions: Aye:4 Nay:0 1. This conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council with the following exhibit: • Mitigation Plan received April 18, 2014 2. The impervious surface of this lot shall not exceed 29.5% per the Site Plan dated November 20, 2013. 3. Prior to the release of the Conditional Use Permit for recording, the applicant shall provide a $1,000 escrow deposit for inspection of the rain garden(s) installation. 4. The proposed rain gardens /infiltration basins shall be designed and constructed to accommodate a minimum of 100% of the runoff from a 100 -year, 24 -hour event (6.0 "), from the lot's excess impervious surfaces (over 25% impervious coverage). 5. All rain gardens /infiltration basins shall be constructed so that temporary ponded runoff has infiltrated below the surface within 48 hours after the end of a rain event. 6. During construction of the rain gardens /infiltration basins, the applicant shall notify the City, with minimum of 24- hour's notice, for inspection opportunities during critical construction stages (over- excavation, prior to soil replacement, prior to mulching, etc.). City time involved in project inspection shall be withdrawn from the applicant's project escrow. 7. As -build drawings and capture volume measurements shall be provided to the City that verify minimum storage volume requirement is being met. 8. The applicant shall enter into a long -term stormwater facility inspection and maintenance agreement, detailing the maintenance required to maintain proper operation and performance of the rain gardens /infiltration basins, in a form acceptable to the City Attorney, to be filed in the property records with Dakota County Recorder's Office, at the applicant's expense. Councilmember Hansen moved, Councilmember Fields seconded the motion to approve a Variance of 7 ft. to the required maximum driveway width of 22 ft. for property located at 3844 Big Timber Trail, subject to the following conditions: Aye: 4 Nay: 0 1. The driveway shall not exceed the size as shown on the Site Plan received November 20, 2013. City Council Meeting Minutes June 3, 2014 6 page CONDITIONAL USE PERMIT AND VARIANCE — VERIZON WIRELESS City Administrator Osberg noted the parcel is zoned Public Facility and developed as Trinity Lutheran Lone Oak Church and school. The Council is being asked to consider a Conditional Use Permit to allow a 100 -foot telecommunications tower with a 15 -food cross and a Variance to locate a telecommunications tower in a side yard. City Planner Ridley gave a staff report. Ridley noted if approved a condition should be added specifying the monopole and cross should not be illuminated. The applicant, Blake Conklin, Faulk and Foster Real Estate, Inc. was present and available for questions. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded the motion to approve a Conditional Use Permit to allow a 100 -foot telecommunications tower with a 15 -foot cross for property located at 2950 Hwy 55, subject to the following conditions as amended: Aye: 4 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The property shall be platted prior to issuance of a Building Permit. 3. The monopole and cross shall be the same color. 4. The applicant shall provide the City documentation from a registered structural engineer confirming the structural integrity of the proposed monopole. The documentation shall be submitted with the Building Permit application. 5. The equipment building shall be constructed of similar material, color and trim to match the existing building. 6. The monopole and equipment building shall be maintained in premium condition. 7. The existing private storm sewer that runs near the site shall be relocated if it conflicts with the proposed tower or associated equipment. 8. The monopole and cross should not be illuminated. Councilmember Fields moved, Councilmember Hansen seconded a motion to approve a Variance to locate a telecommunications tower in a side yard for property located at 2950 Hwy 55, subject to the following conditions: Aye: 4 Nay:O If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. The monopole telecommunications tower shall be located as shown on the proposed Site Plan received March 19, 2014. ORDINANCE AMENDMENTS— MICROBREWERIES, BREWER TAPROOMS, FARM WINERIES & MICRODISTILLERIES City Administrator Osberg noted the Council is being asked to consider two Ordinance Amendments, one to Chapter 11 regarding microbreweries, brewer tap rooms, farm wineries and microdistilleries, and City Council Meeting Minutes June 3, 2014 7 page to Chapter 5 regarding microbreweries, brewer tap rooms, farm wineries and microdistilleries, setting the license fee for brewer tap rooms to $600 and the license fee for brewer off -sale licenses to $200. City Planner Ridley gave a staff report regarding the Ordinance Amendment to Chapter 11 and Assistant City Administrator Miller provided additional information regarding the license fees associated with the Ordinance Amendment to Chapter 5. The Council discussed the ordinance amendments. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Hansen seconded a motion to approve an Ordinance Amendment to Chapter 11 regarding microbreweries, brewer tap rooms, farm wineries and microdistilleries and direct the City Attorney to publish the amendment or summary accordingly. Aye: 4 Nay: 0 Councilmember Fields moved, Councilmember Hansen seconded a motion to approve an Ordinance Amendment to Chapter 5 regarding microbreweris, brewer tap rooms, farm wineries and microdistilleries, set the license fee for brewer tap rooms to $600 and the license fee for brewer off -sale licenses to $200 and direct the City Attorney to publish the summary amendment. Aye: 4 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative /intergovernmental affairs update to be heard. ADMINISTRATIVE AGENDA There were no administrative agenda items to be heard. There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Fields moved, Councilmember Hansen seconded a motion to adjourn the meeting at 8:28 p.m. Aye: 5 Nay: 0 Date Mayor City Clerk Agenda Information Memo June 17, 2014 Eagan City Council Meeting CONSENT AGENDA B. Personnel Items Item 1 Action to be Considered: Approve the reclassification of the IT Network Administrator from Level 12 to Level 13. Background: Due to more City —Wide technology related initiatives, the volume of work and the complexity of the tasks continues to increase. Certain job functions of the IT Manager will be re- assigned to the Network Administrator. Examples include; assigning and supervising the work of the IT Specialists, managing the Work Order Process and managing IT Help Desk Resolutions. Facts: ➢ The Network Administrator will become the direct supervisor of the IT Specialists. ➢ Because of the increased level of responsibility, the need for greater problem solving skills, and an enhanced level of decision making and communication, the classification level of the Network Administrator will increase by one level. Attachments: (0) Item 2 Action to be Considered: Approve the reclassification of the Accounts Payable Specialist from Clerical Union Level 4 to Clerical Union Level 5. Background: The job description for the Accounts Payable Specialist had not been reviewed in over 10 years. Human Resources and Finance reviewed the current job functions assigned. The nature of these job functions require a higher level of problem solving, investigating anomalies and cognitive skills that were otherwise absent from the former job description. Facts: ➢ Because of the job expectations related to problem solving and decision making, the investigation skills required, and compliance report writing requirements, the classification level of the Accounts Payable Specialist will increase by one level. ➢ City staff will propose a pay range to be approved by the Eagan City Council at a future meeting. Attachments: (0) Item 3 Action to be Considered: Approve the hiring of Seasonal Employees in Parks & Recreation: Name Division Job Title Csargo, Nicholas Cascade Bay Coordinator Guest Relations Skelly, Megan Cascade Bay Coordinator Guest Relations Allan, Christopher Cascade Bay Crewmember Guest Relations Allen, Kaylin Cascade Bay Crewmember Guest Relations Monserud, Andrew Cascade Bay Crewmember Guest Relations Nichols, Ian Cascade Bay Crewmember Guest Relations Rock, Nathan Cascade Bay Crewmember Guest Relations Ruszczyk, Hannah Cascade Bay Crewmember Guest Relations Tweston- McGowan, Maximilian Cascade Bay Crewmember Guest Relations Voigt, Madelyn Cascade Bay Crewmember Guest Relations Zwicky, Anna Cascade Bay Crewmember Andersh, Caitlin Cascade Bay Lifeguard Clare, Julia Cascade Bay Lifeguard Fortuna, Gabriella Cascade Bay Lifeguard Gutknecht, Claire Cascade Bay Lifeguard Lough, Zachary Cascade Bay Lifeguard Peterson, Logan Cascade Bay Lifeguard Raney, Drew Cascade Bay Lifeguard Sholl, Natalie Cascade Bay Lifeguard Fortuna, Michael Cascade Bay Lifeguard Esslinger, Evan Cascade Bay Lifeguard Instructor Gutknecht, Emily Cascade Bay Lifeguard Instructor Zaborowski, Alyssa Cascade Bay Lifeguard Instructor Anders, Cole Cascade Bay Pool Attendant Berryman, Sarah Cascade Bay Pool Attendant Conway, Anna Cascade Bay Pool Attendant Dyck, Jordan Cascade Bay Pool Attendant Goodell, Lindsey Cascade Bay Pool Attendant Henle, Cody Cascade Bay Pool Attendant Johnson, Andrew Cascade Bay Pool Attendant Jurisch, Alec Cascade Bay Pool Attendant Kong, Alexander Cascade Bay Pool Attendant Mau, Carly Cascade Bay Pool Attendant Nelson, Colin Cascade Bay Pool Attendant Pugh, Adam Cascade Bay Pool Attendant Reis, Maxwell Cascade Bay Pool Attendant Steichen, Megan Cascade Bay Pool Attendant Stock, Katie Cascade Bay Pool Attendant Bondhus, Leanne Cascade Bay Water Fitness Instructor Wold, Christine Cascade Bay Water Fitness Instructor Larson, Bradi Parks Ballfield Attendant Seasonal Park Gorder, Michael Parks Maintenance Seasonal Park Immen, William Parks Maintenance Seasonal Park O'Donnell, Jeff Parks Maintenance Seasonal Park Peterson, Hugh Parks Maintenance Seasonal Park Podpeskar, Joshua Parks Maintenance Seasonal Park Richard, Emma Parks Maintenance Seasonal Park Rothschiller, Brock Parks Maintenance Erickson, Johannah Parks & Rec Art House Instructor Fisk, Scott Parks & Rec Recreation Leader Bergen - Salinas, Anthony Parks & Rec Recreation Leader- Tennis Agenda Information Memo June 17, 2014 Eagan City Council Meeting CONSENT AGENDA C. Ratify Check Registers Action To Be Considered: To ratify the check registers dated May 30 and June 6, 2014 as presented. Attachments: (2) CC -1 Check register dated May 30, 2014 CC -2 Check register dated June 6, 2014 Agenda Information Memo June 17, 2014, Eagan City Council Meeting CONSENT AGENDA D. Direct preparation of an ordinance amendment to City Code Chapter 6.34 relative to the sale of tobacco, tobacco - related devices, electronic delivery devices and nicotine and lobelia products. Action To Be Considered: To direct the City Attorney's Office to prepare an ordinance amendment to City Code Chapter 6.34 relative to the sale of tobacco, tobacco - related devices, electronic delivery devices and nicotine and lobelia products. Facts: ➢ During the recent legislative session, a new law was enacted that clarifies municipalities' ability to license and regulate tobacco, tobacco- related devices, electronic delivery devices (i.e. electronic cigarettes) and nicotine and lobelia products. ➢ An ordinance amendment is needed to incorporate the statutory changes into City Code. ➢ As the City has been requiring a tobacco license for electronic cigarette stores, the proposed ordinance amendment would not change the City's current licensing practices. Rather, it would clarify the issue of electronic cigarette (and other nicotine /tobacco products) regulation in City Code. ➢ Lobelia is a flowing plant that is sold in several ingestible forms. A chemical in lobelia has effects similar to nicotine. The sale of lobelia to minors is illegal. Attachments: (0) Agenda Information Memo June 17, 2014, Eagan City Council Meeting CONSENT AGENDA E. Reschedule the August 14, 2014 Special City Council Meeting to August 11, 2014 and schedule a Canvassing Board Meeting at 8:45 a.m. on August 14, 2014. Action To Be Considered: To reschedule the August 14, 2014 Special City Council Meeting to August 11, 2014 and to schedule a Canvassing Board Meeting at 8:45 a.m. on August 14, 2014. Facts: ➢ The Primary Election is August 12, 2014. State Statute prohibits cities from holding a meeting between 6 and 8 p.m. on the day an election is being held within the municipal boundary. ➢ In addition, the Twin Cities Premium Outlets grand opening is August 14. ➢ To accommodate these events, it is proposed that the Council reschedule its August 14 special meeting to Monday, August 11. The meeting time (5:30 p.m.) would remain the same. ➢ Because there is a primary in the City Council race, a Canvassing Board meeting is needed. It is proposed to hold the Canvassing Board meeting at 8:45 a.m. on August 14 in the Eagan Room at City Hall. Attachments: (0) Agenda Information Memo June 17, 2014, Eagan City Council Meeting CONSENT AGENDA Approve a resolution appointing absentee ballot board judges and designating them deputy city clerks for the purpose of administering elections Action To Be Considered: To approve a resolution appointing absentee ballot board judges and designating them as deputy city clerks for the purpose of administering elections Facts: ➢ The City of Eagan has been delegated by Dakota County to issue, accept /reject and count absentee ballots from Eagan voters. ➢ To carry out the absentee balloting function, the City must appoint an absentee ballot board. Consistent with past elections, the absentee ballot board consists of City staff and election judges. Absentee ballot board judges receive training in absentee ballot processing. ➢ The proposed resolution appoints the absentee ballot board members as deputy city clerks for the purpose of administering the election. Deputy city clerks are authorized under State Statute to serve on an absentee ballot board and to serve as witnesses for voters who vote absentee at City Hall. ➢ Military and overseas voters receive their ballots, called UOCAVA ballots, from the County. The County's UOCAVA ballot board accepts or rejects the ballots then transmits them to the City to be counted. Because the UOCAVA ballots are oftentimes in a different format, they must be duplicated onto a ballot than can be fed through the tabulators. In past years, the City absentee ballot board has completed the duplication. This election cycle, the County has offered to have its UOCAVA ballot board duplicate the ballots before they are delivered to the City. The proposed resolution includes the necessary language to allow the County to duplicate the ballots. Attachments: (1) CF -1 Resolution RESOLUTION NO. _ CITY OF EAGAN DESIGNATING DEPUTY CITY CLERKS TO SERVE ON THE ABSENTEE BALLOT BOARD WHERAS, Minn. Stat. 20313.05 allows counties to designate municipalities to administer absentee balloting; and WHEREAS, Dakota County has designated the City of Eagan to administer absentee ballots for Eagan voters; and WHEREAS, Minn. Stat. 203B.121 requires the City to establish an absentee ballot board, which is responsible for accepting and rejecting all returned absentee ballots; and WHEREAS, Eagan City Code Chapter 2.73 establishes an absentee ballot board in the City of Eagan; and WHEREAS, Minn. Stat. 203B.121 allows deputy city clerks trained in the processing of absentee ballots to serve on the absentee ballot board; and WHEREAS, Minn. Stat. 20313.23 requires counties to administer absentee ballots for military and overseas voters and many of these ballots must be duplicated pursuant to Minn. Stat. 206.86 before being counted. NOW, THEREFORE, BE IT RESOLVED, pursuant to the requirements in Minn. Stat. 203B.121, the following people are hereby designated as deputy city clerks for the purposes of serving on the absentee ballot board and administering the 2014 Primary and General Elections: Carol Tumini, Janet Bolger, Melissa Timm, Michelle Lutovsky, Mike Ridley, Karen Grimm, Cheryl Stevenson, Sydney Ruedy, John Demma, Judy DeNardo, Robert DeNardo, Mary Ann Sexton, Amanda Fogg, Patricia Hamling, Paul Hamling, Jeffrey Kamm, Lynn Yamanaka, Jody Severson, Lori Tripp, Beth Johnson, Mary Lou Anderson, Diane Carroll, Steven Kloner, and Mary Makeeff. NOW THEREFORE BE IT FURTHER RESOLVED that the Dakota County Absentee Ballot Board is delegated the duty of duplicating military and overseas absentee ballots when necessary prior to delivery to the city. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion by: Seconded by: Those in favor: Those against: Date: June 17, 2014 CERTIFICATION I, Christina M. Scipioni, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 17th day of June, 2014. City Cleric Agenda Information Memo June 17, 2014, Eagan City Council Meeting CONSENT AGENDA G. Approve a Temporary On -Sale Liquor License for the Minnesota Scottish Fair and Highland Games on July 12, 2014 at 3355 Columbia Drive. Action To Be Considered: To approve a temporary on -sale liquor license for the Scottish Fair and Highland Games on July 12, 2014 at 3355 Columbia Drive. Facts: ➢ The Scottish Fair and Highland Games has requested a temporary on -sale liquor license be issued to it for its event on July 12, 2014. The event will be held on the grounds of Faithful Shepherd Catholic School, located at 3355 Columbia Drive. The annual event was previously held at the Dakota County Fairgrounds. ➢ The application form has been submitted and deemed in order by staff. Following Council approval, the application will be forwarded to the Department of Public Safety — Alcohol and Gambling Enforcement Division for final approval. Attachments: (0) Agenda Information Memo June 17, 2014, Eagan City Council Meeting CONSENT AGENDA H. Approve Off -Sale 3.2 Percent Malt Liquor (Beer) License for Eagan 2014 LLC doing business as Cub Foods, 1276 Town Centre Drive Action To Be Considered: To approve an off -sale 3.2 percent malt liquor (beer) license for Eagan 2014 LLC doing business as Cub Foods located at 1276 Town Centre Drive. Facts: ➢ Eagan 2014 LLC has applied for an off -sale 3.2 percent malt liquor (beer) license. ➢ Eagan 2014 LLC is purchasing the existing Rainbow Foods, which currently has an off -sale 3.2 percent malt liquor (beer) license. ➢ All required documents have been submitted, reviewed and deemed in order by City staff and the Police Department. Attachments: (0) Agenda Information Memo June 17, 2014, Eagan City Council Meeting CONSENT AGENDA I. Approve a Temporary On -Sale Liquor License and waive the license fee for Faithful Shepherd Catholic School's Septemberfest on September 19 -21, 2014 at 3355 Columbia Drive. Action To Be Considered: To approve a temporary on -sale liquor license and waive the license fee for Faithful Shepherd Catholic School's Septemberfest on September 19 -21, 2014 at 3355 Columbia Drive. Facts: ➢ Faithful Shepherd Catholic School has requested a temporary on -sale liquor license be issued to them for their annual Septemberfest on September 19 -21, 2014. The event will be held on the grounds of Faithful Shepherd Catholic School, located at 3355 Columbia Drive. The event is a fundraiser for the school. ➢ Faithful Shepherd Catholic School has requested that the $150.00 license fee be waived. ➢ The application form has been submitted and deemed in order by staff. Following Council approval, the application will be forwarded to the Department of Public Safety — Alcohol and Gambling Enforcement Division for final approval. Attachments: (1) CI -1 Letter from Faithful Shepherd Catholic School e est P�agan'sAnnual Block Party May 19, 2014 City of Eagan City Council 3830 Pilot Knob Road Eagan, MN 55122 Dear City Council Members: MAY 2 2 20 I respectfully request that the Eagan City Council waive the $150.00 application fee for a temporary liquor license for the weekend of September 19 -21, 2014. We are holding our seventh annual "Septemberfest" at Faithful Shepherd Catholic School and Teri- 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 ordinance amendment by incorporating procedures that will be followed to engage in the temporary sale of alcohol beverages. Our site plan and security plan is attached. The stage will once again be at the end of the canopy so that the noise will be projected to the Northeast. If you have any questions, I can be reached at 612 -414 -0499. Thank you for your consideration. Respectfully submitted, Todd Corbo & Robin Hicks - Corbo Chairs, Eagan's SeptemberFest Agenda Information Memo June 17, 2014, Eagan City Council Meeting CONSENT AGENDA J. 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 or September 20, 2014 at 3355 Columbia Drive. Actions To Be Considered: To approve a Sound Amplification Permit for an outdoor event with electronic sound system /audio equipment use after 10 p.m. located at 3355 Columbia Drive. To approve a Waiver of fee for a Sound Amplification Permit for the 11th annual SeptemberFest school fundraiser for Faithful Shepherd. 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 11th Annual SeptemberFest school fundraiser outdoor event September 19 -21, 2014. The live music for which the sound amplification permit is required is planned for Saturday the 20th 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. ➢ The applicant is requesting a fee waiver for the sound amplification permit. Issues: None Attachments: (2) 0 -1 Location Map 0 -2 Applicant letter, permit, site plan and radius map o E 0 C. 0 IL ® () r- (D 0 CL CL 0 M CL ® LL < fA N co O w W r °O i<L gl � U a) tl � w -i UL UL Septembeifest n May 19, 2014 City of Eagan City Council 3830 Pilot Knob Road Eagan, MN 55122 Dear City Council Members: MAY 2 2 2014 I respectfully request that the Eagan City Council waive the $75.00 application fee for a Sound Amplification Permit for Saturday, September 20th, 2014. 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. Respectfully submitted, - Todd Corbo & Robin Hicks - Corbo Chairs, Eagan's SeptemberFest City of EatifiEd ft MAY 2 2 2014 Use BLUE or BLACK Ink r-°-__._m®-e®__-._-- I For Office Use I I Permit #: j I I I Permit Fee: I I Date Received: j j Staff: I 2014 SOUND AMPLIFICATION PERMIT (OUTDOOR EVENTS AFTER 10PM) ✓ Eagan City Code Section 10,31 requires a permit for outdoor electronic sound system / audio equipment use after 10:00PM. 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 '/4 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 fi s Name: iFw mfi - SoePm 6 CAT - -io A r~ ct tac) c- is Applicant (Individual :Address: ;33M C01 -LiP US(A D a4 V47) SAP/ . r-N �l x f organizing event) Phone: ( ®5I �L{ (� - �°3U' Alternative Phone: (p (7, • C( K4 -i�(� Q Fax: (D�l ° fi0G ° Email: i Name of individual P i. responsible for event: Jea& Ceswl o Event Contact Information* Event Details i 1"o e k. Contact phone Address: (nvcr gavve "L iC k . MN '�S -b'77 during the event: (012 -T L(t q -- ®a q T Phone: Fax: toQ -( - -x,70 —(yq- ly Alternative Phone: Email: iwkk ecl\Ao (� YL* SAiC'c -0 * 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: Purpose of event: Date(s) of event & day(s) of the week: Times of event: fcn av-at t" Start: :rte Q M Finish: I2 xid 14m, miden i N k+ Set up begins at: LA),eA,n,e'A@. Take down completed CAMAS (Date I Time) I°1 Sit IA 0@00 by: (Date I Time) 22 Sc� F 1'K i i C0 P ri Maximum number of people in attendance on any day: 2014 SOUND AMPLIFICATION PERMIT Page 1 of 3 Description of electronic sound system or audio equipment: CCnC -er - 5eg iAck 5 j s-i ,C+,% `(w c, 13, 006 0 'i CAe . Type of sound to be generated (live music, recorded music, announcements, speeches, etc): Sound will be generated during these hours each day: Name of contractor/ individual responsible for sound: `C,0 P11-1d1C,4:�.A Ll'uc 6;30- /2,c4a t'Nt0Aice.ti t° Address: 24$q & grA t L4:1(rAo✓tI Mtj J(,oW �vaA�4Y M�rL1� -S Phone: 3�i c�(� Alternative Phone: (.01z'- 5-yq —g 3; 2 Will there be hired speakers / performers at the event? ® Yes ® No If yes, name individuals Description of entertainment to be provided: ��5 Coves roc.� v%,o%i c- V- 6.tr��1 Ttnll- AMJVe. ��,�c� �IZ/a3� W/ R4-en- Ck(L(, al Cf kSIr.,q,NV�1 Si3 Name Address J I City / State / Zip (�� 6 lots IVAN- )AM1 - AVIXv, 112d3S' .,N,zNer- cincte► Cti &sr4o,�� Name Address I City / State / Zip Name Address / State / Zip Will food or alcohol be served at the event? to to Yes ® No NOTE: Additional Permits may be necessary If yes, describe: �� Irv— C'e'lt ""hAeeQ !&e wl �; 01 Describe the event in detail. E. 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 2014 SOUND AMPLIFICATION PERMIT Page 2 of 3 is J 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. <,AC., A1'.> 3 r71013 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 systern 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 after 10:OOPM, and all other City Codes and State laws. Applicant's Printed Flame licant's Signature 1`l i Date FOR CITY OFFICE USE ONLY Character and nature of land uses underlying and adjacent to the land upon which the electronic sound system or audio equipment will be used: 1-74 •S i _ (At 00 3 r ' 1 "t..- 11) c�)J - A t th AEI So> f'aRK- -- -MI L'A 1 1) 1')P IJ!J Beat: t} Has the applicant or contact person complied with the terms of previous or similar permits issued by another municipality or government agency during the last five years? Permit reviewed by: i ae ' CommqjiltV Developent Police Approved by City Council: Date lION 50l,'}T AGW'('NA, mullu 2014 SOUND AMPLIFICATION PERMIT Page 3 of 3 qY EJO mil CL cc cV �a u Im W � W O a ` r W 0 F a w 01 h -�•� ' (� a �\ ` a. t \ SITE PLAID Clultview,Dnv , r { 31. _t,a �:L.LL•1'.t��. .;;, •�`j' �rf'at. ,t . ". a�t a• ; i ->i �`4:Y A ,r St- ��u��-`L�tF � , f � �� ^�•L�' 3 � t v s� � r,�.. v�sc. -•.y .. }ApplloiRo�d E :+ y�� t � �� '� F; �.��' r � r� �- s�ruu`�$� Ott � ?marr s4 -fsl �.tT'.z��s�g� CAF) s,a �� ,� � + f {. � ► .� j� \ ��1 .- �� ".� ' i ` � � f � i i _ CO � •� i 1 ' lJ�a'f :�1 } y by�'�' I{� +'.��', _ U. (»..--.J..•.1t{LL i?j$r.3' yI {L(+_ T C !:!rf"i - _ #�• "� 'S :.t.c_ i• `c` • j \ Al if !�f_ =un . .tom- �st k�,?. '1''p .irr -o>( '�,'�t - "#:. -. `r� � `to7 5 �'�i ' .�� K! • - i j ,trl x ��:. � - p �,� ,- ti Ltr..er ;{' �t•n,r � fi AldruuDrivpw keeQoodle Road_ s< � �"S Via. ''a !' _ "`ny�,�" 4� tr x�Sl..r'�t z i,� � 4��t�� z.�- `�'_WescotFyS q� re �`+� -�„s �i•iu� �r So 1 ti :?s 1 J g U �s�.. -. •Y I -t�c I F• c�- : ,.Y p� 1 tali v'' F ; +Trails End:t_R d �� .i+ � �. lco��l_a,t ab .: k •.. 3; � �� Trarl Courts , ��t is CIt q"ti�.. ?. �: ,- .'6�.,�: �?.s��`4.��!'t1 �.: �f - '�•- .,za�.'x' _:u�,Ss�. - -- - .�+Y��r.��x:- .P��.�i.�j-f Outdoor Event with Amplified Sound Faithful Shepherd School Agenda Information Memo June 17, 2014, Eagan City Council Meeting K. Approve a 2014 General Fund Budget Adjustment for the SAFER Grant Action To Be Considered: To approve the 2014 General Fund Budget adjustment of $256,800 to account for the SAFER (Staffing for Adequate Fire and Emergency Response) Grant Facts: ➢ City Council authorized staff to apply for the SAFER Grant for Weekday Firefighters at the August 20, 2013 City Council Meeting. ➢ Staff was notified on November 29, 2013 that the City of Eagan was awarded the SAFER grant in the amount of $871,111. Grant terms outline a two year spend down period. ➢ At the January 21, 2014 City Council Meeting the City Council accepted the SAFER grant for weekday firefighter coverage and authorized the initiation of the associated hiring process. ➢ 1 Fire Captain and 4 Firefighters have been hired dating back to March of 2014. The positions are 100% (No City funding match) paid for by the SAFER federal grant in 2014. ➢ The Budget adjustment of $256,800 is "budget neutral' and will be reflected in the 2014 budget as a Personnel Expenditure with an offsetting Intergovernmental Revenue and will account for the hiring of the Captain and 4 Firefighters for a partial 2014 fiscal year. Attachments: (0) Agenda Information Memo June 17, 2014, Eagan City Council Meeting L. Approve Financial Audit Services and appoint Kern DeWenter Viere, LTD (KDV) as the City Auditor for the 2014 Fiscal Year Action To Be Considered: To approve Financial Audit Services agreement in the amount of $48,300, Single Audit Services (if needed) for $3,000, and appoint Kern DeWenter Viere, LTD (KDV) as the City Auditor for the 2014 fiscal Year Facts: ➢ In 2011, the City staff conducted a Request for Proposal (RFP) process for Financial Audit Services. KDV was selected as the City Auditor and was engaged to perform financial audit services for the 2011, 2012, and 2013 fiscal years, with three one -year options to renew. ➢ KDV has been the City Auditor for last 16 years. ➢ City Staff recently solicited a one -year quote from KDV for the 2014 fiscal year financial audit services. The quote totaled $48,300 and represents a modest $1,350 or 2% increase over the 2013 cost ($46,950). ➢ The quote is for auditing, drafting and printing of the City's Comprehensive Annual Financial Report (CAFR). ➢ The cost of the audit services is budgeted in multiple funds with more than half of the expense being paid from the Finance Budget. ➢ A compliance audit (Single Audit) of Federal Awards and expenditures is anticipated to be needed in the 2014 fiscal year due to federal grant expenditures anticipated to be in excess of $500,000. Attachments: (0) Agenda Information Memo June 17, 2014, Eagan City Council Meeting CONSENT AGENDA M. Approve Special Events Agreement with CSM for public parking for the Fourth of July Funfest. Action To Be Considered: To approve the Third Amendment to Special Events Agreement with CSM for public use of the parking areas on the former Lockheed Martin property during the 2014 Fourth of July Funfest. Facts: ➢ Since CSM's acquisition of the former Lockheed Martin property in 2011, CSM has agreed to allow the public to park on its premises for the Fourth of July Funfest events. ➢ The current agreement represents the third amendment to the original agreement between the City and Lockheed Martin in 2001. ➢ The City will rent lighting for the lots the nights of July 3 and 4 at a total cost of approximately $2,400. ➢ The current amendment agreement has been reviewed by the City Attorney. ➢ CSM has reviewed and executed the agreement. Attachments: ➢ CM -1 Third Amendment to Special Events Agreement THIRD AMENDMENT TO SPECIAL EVENTS AGREEMENT This Third Amendment to Special Events Agreement ( "Agreement ") is made this day of June 2014, by and between CSM EAGAN L.L.C., a Delaware limited liability company (hereinafter "CSM "), and the CITY OF EAGAN, a Minnesota municipal corporation (hereinafter "City ") (CSM and the City are hereinafter collectively referred to as the "Parties "). WHEREAS, CSM is the fee owner of certain property located in the City of Eagan in the northwest corner of the intersection of Pilot Knob Road and Yankee Doodle Road (hereinafter the "CSM Property "), which is generally depicted on Exhibit "A" attached hereto; and WHEREAS, the City has developed the land to the north of the CSM Property for community purposes (hereinafter the "Central Park "); and in connection with certain events at the Central Park, the City recognizes that attendees may desire, as a result of its proximity, to park on the CSM Property; and WHEREAS, the City, Lockheed Martin Corporation and CSM were parties to the certain Special Events Agreement dated June 28, 2001, as amended by the First Amendment to Special Events Agreement dated June 7, 2011 and the Second Amendment to Special Events Agreement dated June 4, 2013 (the "Special Events Agreement "); and WHEREAS, pursuant to the terms of the First Amendment, Lockheed Martin Corporation is no longer a party to the Special Events Agreement; and WHEREAS, the City has requested and CSM has agreed to further amend the Special Events Agreement upon the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the sum of One Dollar and No /100 Dollars ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Special Events Agreement is hereby amended as follows: Use of CSM's Property for Special Events. CSM hereby agrees to grant to the City a limited, temporary revocable license for use of the parking areas on the CSM Property, subject to the restrictions, obligations and conditions set forth in the Special Events Agreement, as amended hereby. The City acknowledges and agrees that the parking lot will be in its current, as is, condition and that CSM is not obligated to clean the parking lot, make any repairs or improvements to the parking lot for purposes of this Special Events Agreement. Special Events — 2014 Eagan Funfest. The City will be granted the use of the north and south parking areas, as designated on Exhibit A, for the 2014 Eagan Funfest beginning June 30, 2014 and ending July 6, 2014 for the sole purpose of parking for people attending the carnival, car show, dance /concert and fireworks display. A. Carnival. - The carnival will be located entirely on the Central Park property and will begin set up on June 30 with carnival open and operating on July 3 and 4. No equipment, - pn _ trailers or vehicles from the carnival vendors will be parked on the CSM Property. The carnival will be dismantled on July 5 and 6. B. Parade. - The parking lot will be used for offloading of the parade commencing at 9 :00 a.m. on July 4. The City expects modest use of the parking area during the day of July 4 and heavier use in the evening of July 4 for the fireworks display. The City anticipates that the primary parking lot for the event will be at the Pagan Community Center at Central Park. C. Parking Areas; — The proposed parking area is depicted on Exhibit A. Entrances to the parking lots are currently barricaded. The City will be solely responsible for the cost of removing and replacing the barricades. All barricades must be return to their original positions by 11:59 p.m. on July 6, 2014. No tailgating will be allowed during the event on the CSM Property and the City will be solely responsible for the cost of towing and /or any vehicle left on the site more than 24 hours after the event. D. Parking Area Lighting - The City acknowledges that the power supply to the parking lot lighting will not be operational and that the City will provide, at its sole cost and expense, temporary lighting to ensure the safety and security of persons parking on the CSM Property, E. Fence. —The City acknowledges that CSM has placed a chain link fence around the building on the CSM Property and that no snow fence is required. F. Traffic Control. —The City will provide a significant Police presence, 1 -2 City staff and 3 -5 volunteers to be utilized at various entrance points to control traffic and access, particularly prior to the parade on the morning of July 4. The City will staff and temporarily barricade the connector road between the North and South /West lots to prohibit vehicles from using this link. G. Sec_ urity. —The City will implement security measures including a number of Police officers and City staff to be on site during the event. The City will provide uniformed Patrol Officers making routine visits and being on call the evenings of July 3 and 4 and during the day and evening of July 4. The number of officers will depend on the amount of activity during the day and evening but it is anticipated to be 2 -3 persons. H. Portable Restrooms and Clean Up. —The City anticipates that portable restrooms and trash bins will be located on CSM property near the carnival location, at the City's expense. The City will be solely responsible for all the costs related to the clean up during and after the Event of the CSM property including all parking lots. The City shall return the CSM property to its condition prior to the Event. 3. Entire Agreement; Amendment. The Special Events Agreement, as amended by this Second Amendment, constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes all prior agreements, representations and 2 understandings, whether written or oral, relating thereto. Except as specifically amended herein, the Special Events Agreement remains in full force and effect. This Agreement may be modified, altered or amended at any time, but only by a written agreement executed by the parties hereto. 4. Costs, The City shall pay to CSM the sum of $500.00 for each "Special Event" to reimburse CSM for its costs in coordinating the City's use of the parking area for special events and for costs incurred in providing additional building security during special events. This payment shall be submitted to CSM along with the City's request to use the CSM Property for a Special Event. City shall also reimburse CSM for any costs incurred by CSM to clean up or repair damage to CSM Property caused by or incurred as a result of the use of the CSM Property for special events, including damage to CSM buildings, vehicles, parking areas, landscaping and grass or other property. Such reimbursement shall be made within 30 days of receipt from CSM of a summary of its costs incurred. Indemnification, Defense and Hold Harmless. Except for the willful acts of CSM, its officers, directors, agents, employees, or subsidiaries, City hereby agrees to indemnify, defend and hold CSM, and its officers, directors, agents, employees, subsidiaries, contractors and their successors and assigns harmless from any and all actions, causes of action, damages, property damage, bodily injury, economic loss, liabilities, liens, demands, costs, expenses, legal fees and costs, penalties, proceedings, or claims of any nature whatsoever rising out of or related to: (i) City's use of the CSM Property for special events parking; (ii) activities of City employees, officers, agents, invitees, contractors, or subcontractors, and their successors and assigns on the CSM Property; or (iii) breach by the City of this Agreement. In addition to City's costs to defend CSM as required by this Paragraph 5, and any amounts paid by City to a third party making a claim covered by this Paragraph 5, City shall reimburse CSM for any and all costs CSM incurs to defend itself against or pay a claim covered by this Paragraph 5. City's obligation to so reimburse CSM shall be limited to $1,000,000, and City shall provide CSM with evidence that it has insured itself for this potential liability to CSM. 6. Insurance Requirements. —City shall maintain and keep in full force and effect during the 2014 Eagan Funfest at its sole cost and expense the following insurance coverage and shall provide CSM with a copy of such insurance certificates no later than June 30, 2014, A. Workers' Compensation Insurance and Occupational Disease Insurance in accordance with the statutory requirements set by the State of Minnesota and shall include Employers' Liability Insurance with limits not less $500,000 each accident for bodily injury by accident, $500,000 policy limit for bodily injury by disease and $500,000 each employee for bodily injury by disease. B. Commercial General Liability in an amount of not less than $1,000,000 per "occurrence" and $2,000,000 "aggregate" for the CSM Property and insuring City and its Affiliated Parties against liability for bodily injury, death, property damage, including premises and operations, personal /advertising injury, and contractual liability coverage. The amount of such liability insurance shall not limit City's liability under this Agreement. Such policy or policies shall name CSM Eagan, L.L.C, and CSM Corporation as additional insured. C. Commercial Automobile Insurance including owned, non - owned, and hired vehicle coverage and personal injury protection in accordance with the statutory limits of $1,500,000 for each occurrence (bodily injury and property damage combined). 7. Notices —Any notices under this Agreement shall be delivered personally or mailed to the respective parties by United States mail at the following respective addresses: CSM Eagan, L.L.C. c/o CSM Corporation 500 Washington Avenue South, Suite 3000 Minneapolis, MN 55415 Attn: Drew Johnson City of Eagan Attn: Julie S. Johnson, Directors of Park and Recreation 3830 Pilot Knob Road Eagan, MN 55122 With a copy to: Robert B. Bauer, Esq. Dougherty, Molenda, Solfest, Hills & Bauer P.A. 7300 West 147Th Street, Suite 600 Apple Valley, MN 55124 SIGNATURE PAGES TO FOLLOW 4 This Third Amendment to the Special Events Agreement is hereby entered into as of the date first set forth above. CSM EAGAN IL LP C., a Delawz(re limited liability company Y: -- P,ndre C. Deckas, Manager Date: X4, n C "I t'1 STATE OF MINNESOTA) COUNTY Or HENNEPIN ) The foregoing instrument was acknowledged before me this day of _)�� "':= , 2014 by Andrew C. Deckas, Manager of CSM Eagan, L.L.C., a Delaware limited liability company, on behalf of the limited liability company. N tary Public J�tV�It '( R � ADO 1 Not ER A ' A4YCvn � l r CITY OF EAGAN, a Minnesota municipal corporation By: Mike Maguire Its: Mayor By: Christina M. Scipioni Its: Clerk STATE OF MINNESOTA) COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 2014 by Mike Maguire and Christina M. Scipioni, the Mayor and Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public C.9 1-1- i1 P-) i ~r- /'-r---------'---------'-------� -------�--------------'- ------- °^ mvm rymn, V\� ~-- `_7�� / / | �� | /| /~ = ........ � ..... � ^ , U^ L , �_ ---- \�__ LEI 1"AGAN, MN, 55121 � � � . ('jA, PARK Cy. .... ......... ... ........... . Agenda Information Memo June 17, 2014 Eagan City Council Meeting CONSENT AGENDA N. Contract 14 -04, TH 55 /TH 149 Safety & Capacity Improvements Action To Be Considered: Receive the bids for Contract 14 -04 (TH 55 /TH 149 Safety and Capacity Improvements) and award the contract to Max Steininger, Inc. in the base bid amount of $6,798,652.72, and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Contract 14 -04 provides for transportation, safety and capacity improvements of Trunk Highway (TH) 55, between the south intersection with TH 149 and the north intersection with TH 149 (Project 1011), and TH 149, from TH 55 to Interstate 494 (Project 923), as identified and approved in the City's 5 -Year CIP (2014- 2018). The proposed improvements include grading, bituminous surfacing, drainage, utilities, retaining wall, signals and ADA improvements of state highways. ➢ The City of Eagan will serve as the lead agency for the improvements in partnership with the Minnesota Department of Transportation. ➢ On June 3, 2014, formal bids were received. All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The base bid from Max Steininger, Inc., has been reviewed by Public Works staff and found to be in order for favorable Council action. ➢ Funding of the $7.4 million construction cost estimate was proposed as follows: o $4.7 million — Federal o $1.3 million —State o $0.5 million — County o $0.9 million —City Final funding distributions will be based upon the actual final contract payment. Attachments: (1) CN -1 Bid Summary BID SUMMARY TH 55 /TH 149 SAFETY & CAPACITY IMPROVEMENTS CITY CONTRACT 14 -04 Bid Date/ Time: 10:30 a.m., Tuesday, June 3, 2014 Bidders Total Base Bid 1. Max Steininger, Inc $ 6,798,652.72 2. Eureka Construction, Inc $ 7,278,408.88 F $ 6,798,652.72 $ 7,400,000 -8.1% Agenda Information Memo June 17, 2014 Eagan City Council Meeting CONSENT AGENDA O. Inflow & Infiltration (I & 1) 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 1 &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 June 12, 2014, the City has levied approximately 1581 surcharges (249 of these being removed) totaling over $200,650. Several of these surcharges represent multiple months for the same property. ➢ To date, staff has received 68 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 3 of these properties who want to appeal their remaining surcharge(s). ➢ On May 20, 2014, the Public Works Committee addressed the following surcharge appeals with the corresponding recommendations for the Council's action. As a result of their review, 3 of the appeals are recommended to be granted with related surcharges waived. • Sanjeev Kapoor, 3364 Heritage Lane - Remove $450 surcharge • Monica Montgomery, 4130 Oakbrooke Curve - Remove $300 surcharge • Jessica Harris, 2042 Diffley Road - Remove $150 surcharge Attachments: (0) Agenda Information Memo June 17, 2014 Eagan City Council Meeting CONSENT AGENDA P. APPROVE Services Agreement — CLIMB Theatre Company Action To Be Considered: Approve services agreement with CLIMB Theatre Company for the 2014 -15 school year to provide an environmental awareness program in Eagan public schools, according to past practice, and authorize staff to oversee and manage the program. Facts: ➢ In 1993, the City of Eagan and Gun Club Lake Watershed Management Organization partnered with CLIMB Theatre Company of Inver Grove Heights to produce Toadilly Turtle. This interactive play shows K -3 grade students in Eagan how lawn chemicals, trash, oil, and other pollutants enter stormwater, and then harm lakes and wetlands. In 2011, CLIMB began presenting another play with the same messages, Of Wetlands and Watersheds. Both programs encourage students to share what they've learned with their parents. ➢ Since 1994, more than 10,000 students have experienced these programs that are sponsored by the Water Resources Program budget, as approved annually by the City Council. Funds are provided through the stormwater utility fee collected quarterly from Eagan residents and businesses. ➢ On May 5, 2014, the City Council proclaimed June 2014 Eagan Lakes Appreciation Month to encourage residents and businesses to do all they can to keep Eagan lakes clean by keeping fertilizers out of storm sewers, by picking up nearby trash, and by protecting these treasured water resources. Attachments: (1) CP -1 CLIMB Theatre Evaluation /2013 -14 School Year Summary City of Eagan This programming reached a total of 578 students and 35 adults. • At Faithful Shepherd Catholic School: 95 students and 6 adults • At Red Pine Elementary School: 165 students and 7 adults • At Thomas Lake Elementary School: 120 students and 10 adults • At Trinity Lone Oak Lutheran School: 34 students and 3 adults • At Rahn Elementary School: 164 students and 9 adults Teacher Evaluations: At each school we asked teachers to fill out an evaluation form. 29 evaluations were received. The following elements were judged on a four -point scale. The number shown is the average score for your city. Educational Value 4.0 Student Engagement 4.0 The Actors - Educators' portrayal of their characters 3'9 The Actor - Educators' teacher training and management skills 4.0 Overall value to students 4.0 The teachers were also asked several open -ended questions. All the answers received from your city are listed below. If you were to recommend this program to someone else, what would you say? • This program on wetlands and lakes really applies to us directly since we live in an area with lots of wetlands and lakes • A great topic that we typically don't cover • Great introduction to water and wetlands unit • Excellent content! • We don't teach this subject matter, so it's an amazing experience for them to hear this topic and discuss • The message and learning about the wetlands was quite clear • The actors shared information that was at a level for students to understand • Performed by well- trained, professional actors, the program was very informative and the students were engaged throughout the entire program would highly recommend this programming to anyone • It was excellent! Well worth the time • I'd say it was a wonderful experience for my children • 1 am always impressed by the message delivery of the actors • They were very enthusiastic and the students were interested • Very educational! Very professional! Very, very well- managed • Age- appropriate, active participation, great topic • The actors did a GREAT job keeping my students engaged, and also were very good at keeping behavior under control. • The Actor- Educators were excellent at facilitating for kindergarten - very difficult to do often! They knew how to speak to, engage, & manage the large group VERY well! Impressive! 2. What improvements, if any, would you recommend for this program? • No comments received 3. Would you like CLIMB to return to your school? • 29 said yes and 0 said no Here is a support letter that we received from your city: "/ was privileged today to be a guest in the audience at Climb Theatre's performance. (The lesson was about keeping storm water clean, presented at Thomas Lake Elementary school in the first grade class performance at 9:30 am. l was impressed by the actors' abilities to keep the children engaged and listening, and how well the children seemed to learn the message and repeat correct answers by the end of class. The kids laughed and participated and really seemed to enjoy the experience, and the actors presented good information in an energetic and interesting way. l think this program is a great venue to get the message out about how to clean up storm water! Thanks for all you do." -- Jessie Koehle, Water Resources Technician, City of Eagan, Eagan, MN Agenda Information Memo June 17, 2014 City Council Meeting CONSENT AGENDA Q. Contract 14 -01, 2014 City -Wide Water Quality Storm Sewer Improvements Action To Be Considered: Approve Change Order No. 1 to Contract 14 -01 (2014 City -Wide Water Quality - Storm Sewer Improvements), and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Contract 14 -01 provides for storm sewer improvements in seven (7) waterbodies (one lake, one wetland and five storm basins) as identified and approved in the City's 5 -Year CIP (2014- 2018). The improvements were combined under one contract for economies of scale in the competitive bidding process. ➢ On April 1, 2014, the City Council awarded the base bid for Contract 14 -01 for these improvements to Sunram, Inc. ➢ Change Order #1 provides for: • Repair of an existing City storm sewer pipe at Pond AP -2 (Peridot Path Park) that had previously separated. ADD $5,750.00 • Regrading of the spillway, removal of trees, and parking lot repair at Pond BP- 18.5 (near Lifetime Fitness) not originally anticipated in the contract. This work provided for better access for maintenance and long -term function of the pond. ADD $5,812.50 • Removal of trees at Pond 13P -39, not originally anticipated in the contract. This work provided for improved long -term maintenance access. ADD $2,200.00 ➢ The cost of the additional work is consistent with bid prices received for relevant bid items on other projects within the City and region. ➢ The change order provides for an additional cost of $13,762.50 (6.1% of original contract). The cost of the additional work under the change order will be the responsibility of the City's Utility Fund 1126 (Storm Drainage Renewal & Replacement). ➢ The change order has been reviewed by the Public Works Department (Engineering Division) and found to be in order for favorable Council action. Attachments: (0) Agenda Information Memo June 17, 2014 Eagan City Council Meeting CONSENT AGENDA R. Contract 14 -09, TH 13 /Silver Bell Rd & Nicols Rd /Cedar Grove Pkwy /Silver Bell Rd Intersection Improvements Action To Be Considered: Approve Change Order No. 1 to Contract 14 -09 (Trunk Highway 13 /Silver Bell Road and Nicols Road /Cedar Grove Parkway /Silver Bell Road - Intersection Improvements) and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Contract 14 -09 provides for modification of traffic signals at the intersections of Trunk Highway 13 and Silver Bell Road and Nicols Road, Cedar Grove Parkway and Silver Bell Road, and other miscellaneous improvements as recommended in the Cedar Grove Alternative Urban Areawide Review (AUAR) update. The proposed improvements include installation of flashing yellow arrows, modifications to signage, turn lanes, and signal interconnection at these intersections to accommodate existing and anticipated traffic in the area. ➢ On May 5, 2014, the City Council awarded the base bid for Contract 14 -09 for these improvements to Concrete Idea, Inc. ➢ Change Order No. 1 provides for: o Adjustment to grade of an existing traffic signal handhole at the Nicols Road /Cedar Grove Parkway /Silver Bell Road intersection, not originally anticipated in the contract. ADD $467.50 ➢ The cost of the additional work is consistent with bid prices received for relevant bid items on other projects within the City and region. ➢ The change order provides for an additional cost of $467.50 (0.3% of original contract). The cost of the additional work under the change order will be the responsibility of the City's Major Street Fund. ➢ The change order has been reviewed by the Public Works Department (Engineering Division) and found to be in order for favorable Council action. Attachments: (0) Agenda Information Memo June 17, 2014 Eagan City Council Meeting CONSENT AGENDA S. Extension of Conditional Use Permit Approval — Shaw Industries Action To Be Considered: To approve a one -year extension of the Conditional Use Permit approval for property at 1090 Gemini Rd. Required Vote For Approval: Majority of Council Members Present Facts: ➢ The City Council approved the Conditional Use Permit (CUP) on July 2, 2013 to allow outdoor storage of 21 tractor trailers and 8 semi - tractors. ➢ A condition of approval includes installation of landscaping to screen the outdoor storage. This has not yet occurred since the CUP has not been utilized. ➢ The applicant is requesting a one -year extension due to tenant negotiations. ➢ This request would extend the approval until July 2, 2015. Attachments: (2) CS -1 Location Map CS -2 Letter from Cushman & Wakefield I Northmarq w a V O � E L a m a O N O M.0 O is Cl) �p ■ L � m � oU r Z V it O O Z oy -a a O �L N a) o LL- o is 0 N M � 0 N co i W oy -a a m a U c d M� ®� ®® � 2 o p _Z K `Z� `pupue��Q m�® 0,00 t 9 hT 4I4 }� U O �L N a) o LL- o 0 N M � 0 N co i W c C -a a m a U c d M� ®� ®® � 2 o p _Z K `Z� O 0 4 � i 3NVIMVNnl t d d 2 6 p _Z K `Z� }, hT 4I4 }� U 1 N q7 t O ON0211SWNtl r d i C Y 4 (D VNO 10NI 1— E4�ON°4VOa'O_ .r - -� ' ----- ,�_. --.�,- _"— -- ra -- "3AV NOl�JNIX3l)•EV'ON aVOL1- k1Nf100 -- . _.--- m��.�.� ' Lpi pbpa b Z S ° p b p a sy 3Atl 3 z �bnoo ?J31N30 h� `�e�� 3AtlNavw a *,N, O4 w��® Y ® ®O June 6, 2014 NORTHMARP Real Estate Services Sarah Thomas, Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Conditional Use Permit — Shaw Industries, 1090 Gemini Road 3500 American Blvd, W., Suite 200 Minneapolis, MN 55431 952.831,1000 cushwakenm.com Dear Sarah, On July 2nd, 2013 City Council approved a Conditional Use Permit to allow outside storage of 21 tractor trailers and 8 semi - tractors for the property located at 1090 Gemini Road, Eagan, MN. We are requesting a 12 month extension for the Conditional Use Permit referenced above as the lease negotiations between the tenant and landlord went much longer than expected. Thank you for your consideration. Sincerely, J hn J. Erickson Senior Property Manager Cushman & Wakefield I NorthMarq 0ohn.ericl<son @cushwal<enm.com 952 - 837 -6623 Agenda Information Memo June 17, 2014, Eagan City Council Meeting CONSENT AGENDA T. Approve Professional Services Agreement with CNH Architects for a space needs analysis for the Police /City Hall Campus Facility Action To Be Considered: Approve a professional services agreement with CNH Architects for a space needs analysis for the Police /City Hall Campus Facility. Facts: ➢ In 1995, the Municipal Center underwent a major renovation, which remodeled the City Hall portion of the building and added a new facility for the Police Department. At that time, it was forecasted the newly built /remodeled facility would serve the needs of Police and City operations until 2014 Due to the age of the facility along with changes in staffing levels, responsibilities, and operations, there is a need to reevaluate the existing structures on the campus to determine if operational needs are being met presently and into the future. At its March 18, 2014 meeting, the Council directed staff to seek proposals for a space needs analysis of the Police /City Hall Facility. Staff received four proposals. ➢ CNH Architects is being recommended given their extensive experience with municipal and public safety facilities and positive recommendations from other municipalities. ➢ As part of their proposal, CNH Architects will evaluate the space needs for Police and City operations, the facility's compliance with current accessibility and building code requirements, and the facility's existing mechanical systems. CNH Architects will provide two schematic plans that address current and future space needs and estimates of their associated costs. ➢ CNH Architects is proposing a fixed fee of $16,800, plus reimbursable expenses. The 2014 budget allocates $25,000 for this study. Attachments: (1) CT -1 CNH Architects Proposal May 8, 2014 City of Eagan Attn: Police 1 City Hall Space Needs Analysis 3830 Pilot Knob Road Eagan, MN 55122 Re: City of Eagan Request for Proposal - Police /City Hall Campus Facility Space Needs Analysis On behalf of CNH Architects, our consulting engineers and estimator, thank you for considering our Proposal to provide Facility Space Needs Analysis services for the City of Eagan. The project team presented in this proposal has worked together for many years on City, County, and State projects in the State of Minnesota. Our architectural /engineering team has a common goal to provide quality design services and to be at the forefront of utilizing sustainable building methodologies. We understand the need for an organized process from the first meeting through completion of this study, with clear and detailed documentation along the way. CNH Architects has worked with the City of Eagan as well as numerous municipalities throughout the Twin Cities metropolitan area to provide assessment services, reviewing current conditions of many existing governmental facilities and identifying immediate as well as future growth needs. We communicate closely with our engineers and cost estimator so that our observations are shared and comprehensive, while keeping a holistic approach on the entire project so that the overall building performance and client vision is considered when individual components and systems are under analysis. Details can impact both short and long term effects on cost, maintenance and occupant use, and as a design team we are attentive to these implications at every scale, Our office has strong relationships with many cities in the Dakota County region and excels at working on public projects and building consensus among city staff, facility management and building users. Personally, as an active and proud Eagan resident, I am particularly dedicated to providing our city with comprehensive analysis and tools to improve the city campus to best serve the city government, staff and citizens of Eagan. We look forward to serving the City of Eagan and together evaluate the facility needs of police and city hall operations. Respectfully submitted, Quinn S. Huston, AIA, LEED AP Principal CNH Architects, Inc. CNH Architects, Inc. 7300 West 147th Street Suite 504 Apple Valley, MN 55124 Phone 952 -431 -4433 www.cnharch.com Iftm. � MR04 Our Team for your project consists of Architects, Mechanical / Electrical Engineers and Cost Estimator, It is our intention to maintain a consistent team of the principal architect and engineers presented in this proposal from the first meeting through completion of the study. By doing this, we will provide continuity of information, communications and understanding of the city's goals as the study progresses. This team will be supported by staff architects, designers and engineers as needed for the workflow and timeline developed in coordination with City staff. Principal Architect, Quinn Hutson, will lead and coordinate all members of the design team and be the primary contact throughout the project, He brings extensive experience with city projects, numerous reviews of client and facility needs, and familiarity with the existing facilities from past projects with the City of Eagan. Architect of Record CNH Architects, Inc. 7300 W. 147th Street, Suite 504 Apple Valley, MN 55124 -7580 952 - 431 -4433 Project Architect: Quinn S. Hutson, AIA, LEED AP Mechanical /Electrical Engineers Engineering Design Initiative, Ltd. (edi) 1112 Fifth Street North Minneapolis, MN 55411 612 - 343 -5965 Mechanical Engineer: Larry Svitak, PE Electrical Engineer: Jay S, Hruby, PE Cost Estimator Professional Project Management (PPM) 1858 East Shore Drive Maplewood, MN 55109 651 -776 -5590 Cost Estimator: Doug Holmberg Iftwo CITY OF EAGAN POLICE I CITY HALL CAMPUS SPACE NEEDS ANALYSIS PROJECT NEEDS ASSESSMENT In order to put together a comprehensive assessment that addresses issues thoroughly and makes sound recommendations going forward, CNH Architects will collect information about the existing facilities as exhaustively as possible. Our team will interview appropriate City Staff to understand both their current needs as well as future operational changes and anticipated growth areas, We will compare these areas to other similar cities, providing not only relational size comparisons but interjecting potential issues that may not have been considered, To create accountability and clarity in our investigation, we make it a priority to gather initial information with rigor such that assumptions are minimal, collaborating closely with our engineers to pinpoint existing and potential issues that may or may not already be identified. In this process, owner and facility management involvement is critical, particularly in revealing and weighing components that contribute towards small and large scale building performance and longevity. The greatest challenge during the assessment process is often a matter of deciding which future projection best fits the vision of the organization. To reach a balance that makes sense, our design team must be receptive to your goals as well as your limitations and find solutions that achieve results worth investing and pursuing. ASSESSMENT OF EXISTING FACILITY After the current and future staff and operational needs have been identified, our project team will begin the assessment and inventory of the existing City Hall I Police facility. First the review will be focused on finding areas where existing space could be adjusted or better used to meet space needs goals. Where applicable, we will explore with city staff other city facilities that may be appropriately used to reduce the burden on this facility. CNH Architects will also evaluate the major building systems and components, noting items that are either not meeting their functional intent or are approaching their life expectancy. This review will include exterior envelope, sealants, roof membranes, and interior finishes, among other things. In the course of assessing buildings, our Team's engineers at EDI often find or are informed by facilities managers that mechanical or electrical systems aren't performing properly and perhaps haven't been for an extended period of time. Often these systems are causing staff discomfort, energy waste, repeated maintenance calls, or work disruption. These systems require a more in- depth evaluation than is typical of an assessment, but the evaluation can help to resolve irritating problems. EDI provides commissioning services and therefore owns calibrated testing equipment which is often necessary to perform more in -depth evaluations of system that are not performing properly. The information attained can be used to engineer solutions to the problem. ACCESSIBILITY AND CODE COMPLIANCE Many existing buildings are not up to code with building codes and accessibility requirements, let alone new federal requirements related to the Patient Protection and Affordable Care Act. We have extensive experience working with code and ADA guidelines, including recent projects completed with the State of Minnesota in upgrading all restrooms in their 4- story, 78,000 sf administrative building on the Capitol grounds, plus the unique security and accessibility issues of the Dakota County LEC 8100 Cell Block remodeling. These aspects of a project can easily become a costly component, and our familiarity with many issues related to accessibility upgrades can lead to efficient and proactive solutions. MAINTENANCE & LONGEVITY Durable materials, equipment and finishes are considered for longevity when providing recommendations in the assessment report, and consideration will be taken to balance initial lftw. CITY OF EAGAN' POLICE I CITY HALL CAMPUS SPACE NEEDS ANALYSIS a construction cost versus cost over the life of the product and its implications on the rest of the structure if any. We would present a list of options, innovative ways to keep cost at a minimum, and review the pros and cons of each option to best achieve identified project goals. Buildings inevitably deteriorate and require periodic maintenance. While keeping safety and durability of paramount importance, the Project Team is prepared to recommend options that help reduce maintenance costs and create an environment where building upkeep is simple and straightforward. SUSTAINABILITY The Project Team will provide recommendations for sustainable opportunities in the existing city campus, the current building and any future additions. CNH has many years of green building experience, with several awarded projects listed in our firm portfolio. We just recently assisted the City of Roseville in utilizing the excess heat generated by the Ice Arena on their city campus to fully heat the new Fire Station we designed for them, providing significant energy cost savings. Creative approaches such as this will be evaluated for Eagan, including initial cost and payback analysis to assist you in making informed choices that best fit the goals and values of the City. SCHEMATIC OPTIONS Once the facility space needs have been gathered, physical and code shortcomings of the facility determined, operational inefficiencies identified, and sustainability options evaluated, CNH Architects and our consultant team will synthesize this information. Schematic plan options will be developed that addresses the goals and needs for the Police and City Hall operations for both staff and public users. The design options will look at current as well as future space needs and integrate phasing potentials into the designs. The Design Team will provide examples, where applicable, from the many governmental projects that we have worked on to focus on different aspects of each design option and how it might be implemented. After feedback from the City, CNH Architects will refine two schematic plans for final presentation to staff and City Council. COST ESTIMATE AND PHASING Using the two final schematic plans options developed, CNH Architects will work with the City to define potential phasing associated with each option to meet the current and future growth goals identified earlier in the study. With this final information, our cost consultant, Professional Project Management (PPM), will provide a detailed cost estimate for each option, separating the cost by phase identified. Care will be taken to anticipate the appropriate costs for this type of renovation work based only on the preliminary schematic plans. PPM's extensive estimating experience in municipal renovations projects similar to this has been invaluable in providing a history of accurate preliminary cost estimating. RELEVANT EXPERIENCE Municipal facilities require a thorough and multi - layered approach to assessing needs for future growth. As an extension of the community, municipal buildings demand greater flexibility in assembly spaces, office areas and utility service, particularly because there is necessarily a long -term component to the overall design. Accommodations for technology equipment, private as well as shared workspaces, meeting rooms, public spaces and access to staff areas all must be considered. Future expansion needs are determined not only by immediate user demands — both paid and volunteered — but also by city growth projections, relationships with neighboring municipalities, and the political climate. Our Project Team comes with a vast understanding of the complex issues that are unique to City Halls and Police Departments and brings valuable experience to this assessment report. It is our mission to provide a comprehensive assessment of existing conditions and sound recommendations that support the vision of the City of Eagan. rftft.- CITY OF EAGAN POLICE t CITY HALL CAMPUS SPACc NEEDS EXECUTIVE SUMMARY CNH Architects is a full- service architectural firm providing architectural design, engineering, interior planning and landscape architecture for corporate, commercial, manufacturing, and recreational facility owners as well as government agencies. The Principals, Wayne Hilbert and Quinn Hutson, are directly responsible for all design work. CNH Architects has a staff with advanced training and certification in several areas including Certified Interior Designers, Certified Construction Specifier, LEER Accredited Professionals, NCARB certification, Construction Document Technologist, and Green Globe Professional. With an efficient project team and over 50 years of experience, CNH Architects has a strong reputation for well thought -out design plans and personal attention to client requirements. CNH stresses strong design, quality contract documents, close communications with clients, and an intense field review and follow -up program. We are organized to assume full, single source responsibility for a thoroughly integrated and cost effective service. From a project's beginning, program, budget, and schedule are established, and a team of experts is assembled under the principal and project manager to assure that elements are addressed, questions answered, and the design and construction process is fully coordinated. A growing list of satisfied and repeat clients is testimony to the discipline and persistence of an organization that will not settle for partial success. Over the last several years, CNH Architects has worked on construction projects which total between 20 - 30 million dollars annually, Our projects have varied including city, county, and state work, along with church and private sector clients. COMPOSITION OF FIRM Licensed Architects 6 Designers 3 Administrative Support 2 Sustainable design is an integral part of our practice. A majority of our professional staff has LEED Accreditation and our office designed the first Green Globe projects in Minnesota. This is a third party national verification system as administered by the Green Building Initiative. — M ftw.. - CITY OF EAGAH POLICE f CITY HALL CAMPUS SPACI, NEEDS ANALYSIS am DAKOTA COUNTY LAW ENFORCEMENT CENTER 8100 BLOCK (CNH Architects, EDI) HASTINGS, MN CNH Architects and EDI provided architectural, mechanical, and electrical engineering to evaluate the current conditions of the 8100 Cell Block at the Dakota County Law Enforcement Center and then develop plans for the renovation and maintenance of the two level cell area. The project included review of existing accessibility and detention conditions for deficiencies with current codes and Department of Corrections requirements. In addition, the existing mechanical and electrical systems as well as general building maintenance elements were studied. After identifying upgrades, construction documents were developed to expand the accessibility to an additional cell, provide all new restroom and showers, increase the cell dividing walls to reinforced CMU to meet medium security standards, and generally provide all new finishes through this cell block. ORONO CITY HALL AND POLICE DEPARTMENT (EDI) ORONO,MN Engineering Design Initiative completed a comprehensive assessment and feasibility study for the Orono City Hall and Police Station. The study was a basis for planning and forecasting the required upgrades needed for facility deferred maintenance. In addition, the study included information on system modifications required for the remodel of the police station and vehicle garage addition. The engineering study included evaluation of fire protection water supply, plumbing systems, mechanical systems, electrical distribution, lighting, communications, and security. MORA POLICE STATION (CNH Architects, ED[) MORA, MN This project includes the study of space needs for the Mora Police Department and the evaluation of potential renovation of an 8,000 square foot former bank building into a new Police station. The existing building was evaluated to determine the condition of its existing structure, exterior envelope and mechanical I electrical systems. In addition, a review of the facility's accessibility was developed, listing upgrades required to meet current code and ADA requirements. After the analysis and space needs assessment were complete, several schematic floor plans and facility images were developed and then narrowed to the preferred designs. The final design includes complete remodeling of the former bank, a police parking garage addition, and development of the selected exterior image. The project was then evaluated to determine possible phasing options to provide the City of Mora with choices in funding approaches and timelines. Cost estimates for each phase of the renovation were provided for staff and City Council review. mftm..- CITY OF EEAGAN POLICE I CITY HALL CAMPUS SPACE NEEDS ANALYSIS trcYta:alrcmw.i�4AdM'.¢'A6Y &bYUa C i �.iz.G AA++ILSe�Ah� araiiSra.v�.afis'a.� -wxata ab�,Y n.,mara. � lu:u;lhr�.r:3iaW.�iwS�.teeq,+': CITY Or CAGAN POLICE I CITY HALL CAMPUS SPACE NEEDS ANALYSIS BUILDING ASSESSMENTS (CNH Architects) CITY OF BLOOMINGTON, MN CNH Architects is hired by the City of Bloomington to provide ongoing architectural consulting on design and maintenance projects. These projects have involved studies, design options, maintenance recommendations, and aesthetic opinions. Along with our consulting engineers and designers, our services to date have included: • Improving locker room drainage at a pool facility. • Developing new site design options for street turning lanes and municipal center complex. • Studying material upgrades for a Senior Center. • Finish replacement options for public lobby at City Hall. • Acoustical study and design for private offices, conference room, and performance studio at public works and performing arts areas. • Pistol range storage options study. Office area remodeling to accommodate additional staff. BISHOP HENRY WHIPPLE FEDERAL BUILDING (EDI) FORT SNELLING, MN Engineering Design Initiative completed a comprehensive feasibility study for the Bishop Henry Whipple Federal Building located in Fort Snelling, MN. Facility sustainability and energy efficiency were the primary focus of the study. The existing mechanical, electrical and plumbing (MEP) systems serving the building are very inefficient, have greatly exceeded their normal operating lifetimes and have become increasingly problematic. Asbestos containing materials (ACM) are also a major concern. EDI identified four facility alternatives ranging from refurbishing and replacing selected MEP equipment to complete ACM abatement and facility renovation. The study included conceptual design, construction cost estimating, tenant relocation planning, sustainability concepts and life cycle cost analysis. Based on the study results, the US General Services Administration has implemented a program to completely renovate the building so that it can continue to serve the regional offices of the Federal Government well into the future. CITY OF EAGAN FIRE STATION #4 - FACILITY STUDY (CNH Architects) EAGAN, MN CNH Architects provided a complete facility assessment of existing Fire Station #4 for the City of Eagan. This study evaluated the existing condition of fire station exterior envelope and all interior elements to determine their life expectancy and repair costs. The facility was also reviewed for ADA accessibility, identifying deficiencies and recommended upgrades. In addition, the facility was evaluated for function, current staff and equipment needs, and finally fire fighter safety. From this review, CNH developed a list of recommended remodeling elements and an expansion to better fit the current apparatus and to expand gear locker clearance to meet NFPA safety standards. After identifying the facility's maintenance, accessibility, function and safety deficiencies, CNN Architects provided preliminary design of measures to address the existing concerns. Once these project goals were determined, an itemized cost estimate was developed for the maintenance, remodeling and expansion project. Finally, CNH worked along with the city staff to develop a written report and digital presentation to present this information to the City Council. CNy f1RCH1T�C1'S APPLE VALLEY CITY HALL & POLICE FACILITY APPLE VALLEY, MN This city hall complex includes a state -of- the -art council chambers, training room, and public meeting space. The offices are organized into pods of open office space with private offices surrounding. Conference rooms and support spaces are shared among the offices. Key objectives of the design included room for future expansion, durability, and flexibility to mechanically and electrically zone the building based on time -of -day and public uses. This project is displayed as a sustainable design case study on Minnesota Pollution Control Agency's website. The attached police facility was previously designed by CNH Architects and includes public lobby, conference rooms, day room, police offices, jail, evidence storage and secure garage. Upgrades to the public areas and attachments were included as part of the city hall addition. CNj CITY Cf SLAGAN POLICE I CITY HALL CAMPUS SPACE NEEDS ANALYSIS ROSEVILLE FIRE STATION ROSEVILLE, MN The Roseville Fire Station is a new facility that consolidates three former stations and the fire administration into a single location. This building includes six apparatus bays, office, support functions and dormitories. State of the art training features are designed into the building, allowing fire fighters to do almost all of their recertification training on site. In addition the project focuses on sustainable design principles, providing significant benefits to the occupants, citizens and environment. 9ijy CITY OF EAGAN POLICE f CITY HALL CAMPUS SPACE NEEDS ANALYSIS Quinn S. Hutson, AIA, LEED AP Principal Architect CNH Architects As principal in the firm, Quinn's responsibilities cover all facets of architectural design, design development and construction document preparation. Individual project tasks include: client need assessment, alternative concept development, design /construction document preparation, building material and finish selection, cost estimating, code compliance verification and approval assurance. In addition to over 25 years with CNH Architects, Quinn's background includes many years of construction experience and annual continuing education to bring current construction knowledge to all of his projects. Years of Experience: 26 Education: Bachelor of Architecture, University of Minnesota Registration: Professional Architect, Minnesota; Minnesota State Architecture Registration No. 21234; Certified Interior Designer, Minnesota; LEED Accredited Professional Affiliations: Rotary International, past President Eagan Rotary; Eagan Rotary Foundation, past Chair; American Institute of Architects; Firm Membership in the US Green Building Council Facility_ Assessments City of Eagan Fire Station #4 - Facility Assessment and Upgrade Study City of Rosemount Steeple Center (Former St. Joseph's Church) - Facility & Accessibility Study 360 Communities - Facility Assessment & Maintenance Budget Report Dakota County - Rooftop Fall Protection Study (32 buildings) Dakota County LEC - 8100 Cell Block Renovation Other Relevant Projects ABLE Fire Training Center - Burnsville, MN B. Robert Lewis House Renovation - Eagan, MN City of Apple Valley, MN Apple Valley Liquor Store #1 & #2 Police Facility City of Eagan, MN City Hall Community Room Fire Station #2 Remodel Fire Station #3 Remodel City of Rosemount, MN Community Center Arena Wall Community Center Banquet Upgrades Steeple Center Renovations City of Roseville Fire Station - Roseville, MN Dakota County, MN Community Development Agency - Eagan Courtroom Build -Out - Hastings Judicial Center - Hastings Judicial Center Addition & Remodel Law Enforcement Center - Hastings Independent School District 192 - Farmington, MN ECSE Program Farmington High School MMI Renovation Special Education Superintendant Office Independent School District 196 - Rosemount/ Apple Valley /Eagan, MN Apple Valley High School Baseball Field Eastview High School Mechanical Catwalk ISD 196 Pathways, Apple Valley Commons II ISD 196 Transition Plus, Apple Valley Commons II Rosemount High School Theater Light Access Transportation Building Metropolitan Council Regional Maintenance Facility Addition /Remodel - Eagan, MN Metropolitan Mosquito Control District Division Headquarters - Scott, Carver, Anoka, & Dakota Counties Minnesota Department of Transportation (MnDOT) District Facility - Detroit Lakes, MN Straight River Wayside Rest - Owatonna, MN Iftoft. CITY OF EAGAN POLICE t CITY HALL CAMPUS SPACE NEEDS ANALYST$ 10 CITY OF EACAN POLICE i CITY HALL. CAMPUS SPACE NEEDS ANALYSI,- Timothy M. Nielsen, LEED AP BD +C Architect CNH Architects Mr. Nielsen has participated in numerous projects requiring the assessment of existing building components and systems. Examples of this experience include renovation and repair projects for municipal /government facilities as well as historic preservation projects that have required a full assessment and analysis of all building components and systems to determine their appropriateness and cost effectiveness for reuse. Years of Experience: 16 Education: Master of Architecture, University of Kansas; Bachelor of Science in Architectural Studies, University of Nebraska Registration: Professional Architect, Minnesota; NCARB Certificate; Certified Building Official (CBO), State of Minnesota; LEED AP BD +C Affiliations; Competent Toastmaster (CTM), Toastmasters Int'l; Member, National Trust for Historic Preservation Facility Assessments Dakota County LEC - 8100 Cell Block Renovation Hennepin County * - multiple facilities Minnesota Air National Guard* Reroofing and exterior renovation projects Hotel Kaddatz - Fergus Falls, MN* Historic building renovation 1 repairs for adaptive reuse North Branch Library — Minneapolis, MN* Historic building renovation I repairs for adaptive reuse Flour Exchange Building - Minneapolis, MN* Historic building exterior repairs Other Relevant Protects Department of Administration, State of Minnesota Water Intrusion Repairs - Judicial Center Exterior Paver Replacement - Judicial Center Buerkle Acura - White Bear Lake, MN Dakota County Western Service Center Public Health Remodel - Apple Valley, MN Metropolitan Mosquito Control District - Plymouth, MN * denotes projects completed with other firms C CITY OF EAGAN POLICE 7 CITY HALL CAMPUS SPACE NEEDS ANALYSIS �a Larry Svitak, PE Principal, Engineering Design Initiative, Ltd. Wu- Mechanical Engineer Larry has been involved in the design, construction administration, and project management of a variety of HVAC systems for over 12 years, Throughout that time Larry has earned the respect of his colleagues and clients through his hard work, attention to detail, and his great skills in communicating the complexities of HVAC systems to his customers, These skills stem not only from his technical grasp of HVAC systems, but from the practical experiences he gained in his first career as an Owner of an HVAC sheet metal firm. Years of Experience: 30 Registration: Registered Professional Engineer in Minnesota, South Dakota and Wisconsin, Minnesota Registration No. 25091 Affiliations: American Society of Heating, Refrigeration, and Air Conditioning Engineers; American Society of Plumbing Engineers; Firm Membership in the Consulting Engineering Council; Firm Membership in the US, Green Building Council Select Projects: Anoka County Public Safety Campus Facility Analysis - Andover, MN (Minnesota 133) Beltrami County Jail Equipment and Energy Study - Bemidji, MN Blue Earth County Law Enforcement Center (LEED Certified) - Mankato, MN Blue Earth County Jail and Courts New Facility — Mankato, MN Chippewa County Courthouse and Jail Assessment and Capital Improvement Plan - Montevideo, MN Chisago County Law Enforcement Center Energy Assets - Centre City, MN City of Orono Police Station and City Hall Remodel - Orono, MN City of Minneapolis Second Precinct Remodel - Minneapolis, MN City of Minneapolis Third Precinct Remodel - Minneapolis, MN City of Minneapolis Fourth Precinct Remodel - Minneapolis, MN Dakota County LEC 8100 Block - Hastings, MN Douglas County Government Center Building Evaluation - Alexandria, MN Douglas County HVAC Capital Improvement Master Plan - Alexandria, MN Douglas County Jail Assessment - Alexandria, MN Hennepin County Public Libraries Energy Analysis of (7) libraries - Minneapolis, MN Kanabec County Jail - Mora, MN MCF Rush City Property Space Renovation - Rush City, MN Mora Police Facility Study & Schematic Design -Mora, MN Morrison County Jail Expansion - Little Falls, MN Nobles County Government facility Assessment and Capital Improvement Plan - Worthington, MN Roberts County Law Enforcement Center - Sisseton, SD Rock County Law Enforcement Center - Luverne, MN Roosevelt Library Building Assessment - Minneapolis, MN Sherburne County Public Safety Building - Zimmerman, MN Swift County Courthouse and Jail Assessment - Benson, MN Wabasha County Law Enforcement Center - Wabasha, MN Whipple Federal Building Feasibility Study / Building Assessment - Fort Snelling, Minnesota Wright County Law Enforcement Center - Buffalo, MN A Jay S. Hruby, PE .`` Principal, Engineering Design Initiative, Ltd. Electrical Engineer Jay has committed a large percentage of his electrical engineering career to the promotion of energy conservation and sustainability within his designs of commercial, industrial, educational and correctional buildings. Nearly all of Jay's recent projects have incorporated technologies that allow the buildings to exceed current energy code. Jay has teamed with utilities, environmental groups and energy conservation organizations to provide owners with sustainable buildings that meet the owner's performance goals. Jay has been involved in forensic engineering and commissioning of an array of electrical and communication systems. Years of Experience: 19 Registration: Registered Professional Engineer in Minnesota, Iowa, Wisconsin, North Dakota and Illinois Minnesota Registration No. 40290 Affiliations: Institute of Electric and Electronics Engineers; Consulting Engineering Council of Minnesota; Firm Membership in the U.S. Green Building Council Select Projects: Anoka County Public Safety Campus Facility Analysis - Andover, MN (Minnesota 133) Beltrami County Jail Efficiency & Security Electronics Upgrade - Bemidji, MN Beltrami County Jail Equipment and Energy Study - Bemidji, MN Blue Earth County Jail Expansion Study - Blue Earth, MN Blue Earth County Law Enforcement Center - Mankato, MN (LEED Silver Certified) Blue Earth County Law Enforcement Energy Assets - Mankato, MN Chippewa County Courthouse and Jail Assessment and Capital Improvement Plan - Montevideo, MN Chisago County Law Enforcement Center Energy Assets - Centre City, MN City of Orono Police Station and City Hall Remodel - Orono, MN City of Minneapolis Second Precinct Remodel Third Precinct Remodel Fourth Precinct Remodel Clay County Law Enforcement Center Expansion (Through SD) - Moorhead, MN Dakota County LEC 8100 Block - Hastings, MN Douglas County Government Center Facility Assessment and Capital Improvement Plan - Alexandria, MN Faribault County Law Enforcement Center - Blue Earth, MN Filmore County Jail Study - Albert Lea, MN GSA Fergus Falls Holding Cell Remodel - Fergus Falls, MN Houston County Justice Center - Caledonia, MN Kanabec County Law Enforcement Center - Mora, MN Lyon County Law Enforcement Center - Marshall, MN MCF Moose Lake K Unit Expansion Pre- design - CITY OF -PAGAN POLICE! CITY HALL CAMPUS SPACE NEEDS ANALYM Moose Lake, MN MCF Rush City Education Space Remodel - Rush City, MN MCF Rush City Industry Space Renovation -Rush City, MN Minnesota Correctional Facility - High Voltage Distribution Study - Faribault, MN Minnesota Correctional Facility Food Service Master Plan - Faribault, MN Mora Police Facility Study & Schematic Design - Mora, MN Morrison County Jail Expansion - Little Falls, MN MSU /MCTC Law Enforcement Pre - design Study Nicollet County E -911 Dispatch Expansion - St. Peter, MN Nobles County Government Facility Assessment and Capital Improvement Plan - Worthington, MN Redwood County Law Enforcement Center - Redwood Falls, MN Rock County Law Enforcement Center - Luverne, MN Sherburne County / Zimmerman Public Safety Facility - Zimmerman, MN Stevens County Law Enforcement Center - Morris, MN Swift County Courthouse and Jail Assessment - Benson, MN Wabasha County Law Enforcement Center - Wabasha, MN Whipple Federal Building Feasibility Study / Building Assessment - Fort Snelling, Minnesota Wright County Law Enforcement Center - Buffalo, MN Yellow Medicine County Jail Expansion & Remodel - Granite Falls, MN CNy Arrcd9TOS Doug Holmberg, PE :'.. President, Professional Project Management (PPM) Cost Estimator Years of Experience: 34 Registration: Registered Professional Civil Engineer Select Projects: Correctional /Judicial Facilities Adult Corrections Facility Main Lobby Remodel - Plymouth, MN Apple Valley City Hall - Apple Valley, MN Barron County Justice Center - Barron County, WI Bayfield County Courtroom Remodeling - Washburn, WI Bureau of Criminal Apprehension - St. Paul, MN City of Sterling Colliseum Remodel (City Hall & Police) - Sterling, IL County Home School Main Lobby Remodel - Minnetonka, MN Dakota County Judicial Center Remodel - Hastings, MN Dakota County Law Enforcement & Judicial Center - Dakota County, MN FCI Sandstone Fire Alarm Upgrade - Sandstone, MN Fergus Falls City Hall Improvements - Fergus Falls, MN Hennepin County Juvenile Detention Center - Red Wing, MN Hennepin County Probate /Mental Health Court Remodeling - Minneapolis, MN MCF Existing Segregation Unit Conversion - Stillwater, MN MCF Oak Park Heights Security Study - Oak Park Heights, MN MCF Psyche /Training Remodel - St. Cloud, MN MCF Rush City - Rush City, MN MCF St. Cloud Exit Improvements MCF Stillwater State Prison Old Segregation Unit Conversion - Ramsey County /St. Paul, MN MCF Vocational Building - Red Wing, MN Minneapolis City Hall / MBC MPOP Upgrades - Minneapolis, MN Mower County Justice Center - Austin, MN OAH Hearing Room Remodel - St. Cloud, MN Oakdale City Hall Remodel - Oakdale, MN Olmsted County Adult Detention Center - Rochester, MN Ramsey City Hall Meeting Room / Kitchenette Remodel - St. Paul, MN Ramsey County Boys Totem Town Facilities Replacement - Ramsey County /St. Paul, MN Redwood County Justice Center - Redwood Falls, MN Rosebud Sioux Tribe Correctional Facility - Mission, SD Scott County Jail & LEC - Shakopee, MN Skagit County Community Justice Center - Skagit County, MN St. Peter Regional Treatment Center - St. Peter, MN Steele County Detention Center - Owatonna, MN Sterling Police and City Hall Remodel - Sterling, IL Wabasha County Justice Center - Minneapolis, MN Wadena County Courthouse, Jail & Administration - Wadena, MN Women's Intake Configuration - Plymouth, MN Yankton Sioux Tribe Detention Center - Wagner, SD CITY OF EACAN POLICE! CITY HALL CAMPUS SPACE NEEDS ANALYSIS S CITY OF BLOOMINGTON Deb Williams Assistant Maintenance Superintendant 1700 W. 98th Street Bloomington, MN 55431 952 - 563 -4535 FORMER ST. JOSEPH CHURCH /STEEPLE CENTER /ROSEMOUNT COMMUNITY CENTER Dan Schultz, Park & Recreation Director City of Rosemount 13885 South Robert Trail Rosemount, MN 55068 -3438 651- 322 -6012 APPLE VALLEY CITY HALL & POLICE FACILITY Tom Lawell, City Administrator Apple Valley City Hall 7100 West 147th Street Apple Valley, MN 55124 952 - 953 -2578 ROSEVILLE FIRE STATION Tim O'Neill, Fire Chief 2660 Civic Center Drive Roseville, MN 55113 651- 792 -7305 CITY OF! EAGAN POLICE I CITY HALL. CAMPUS SPACE NEEDS ANALYSIS 15 CNH Architects believes that imaging is one of the most important ways to explore and visualize a project's design along with the client. While for some there is a tendency to embrace technology as an end in itself, our approach is that technology only has the value inherent in its ability to strengthen the communication with the client and improve the visual development of the project design, With this goal in mind, CNH Architects uses Revit, the leading Building Information Modeling (BIM) software, to create a 3- dimensional model of all project designs from schematic options to final construction documents. This BIM model can be viewed from any vantage point, allowing the client and design team to explore the architectural design together in a visual manner similar to the way the actual building will be experienced. These images can range from simple 3D views of schematic building shapes and concepts to realistic renderings of interior or exterior views, with building materials, natural daylighting and manufactured lighting all shown in detail. During the schematic design phase, the use of the images from the BIM model provides the opportunity for the client to make decisions regarding multiple design options or future phases of a facility masterplan with more visual information than possible with limited renderings or 2D plans and elevations. Actual material colors and textures can be applied and several variations evaluated, assisting the Owner and design team in the Design Development phase. The images developed have also shown to be very valuable when presenting the selected design to committees, fundraising groups, and public agencies when approvals are required or excitement generated. CITY OF EAGAN POLICE! CITY HALL CAMPUS SPACE NEEDS ANALYSIS C/�jy Minnesota Zoo Black Bear Exhibit Valleywood Clubhouse Apple Valley Liquor Store No. 3 - ABLE Burn Building CNH Architects address issues of concern and opportunity for our clients with creative and innovative design solutions. Some of these design solutions are exemplified by the following examples: CUSTOMER EXPERIENCE When designing the Minnesota Zoo's new Black Bear Exhibit there were numerous challenges: the sloping site, exhibit safety, meeting the needs of the bears, fitting into the existing zoo's MN Trail, and creating a great visitor experience. This last challenge, to create a great customer experience, is a common issue with public facilities. For this exhibit, our design involved minimizing public view to caging and other institutional looking animal security features, while emphasizing the natural looking materials. A rock wall is positioned to hide the bear doors leading into the cage dens and creates a barrier to maintain the bears within their exhibit space. Landscaping is used to hide security fencing while giving the exhibit a natural feel. A cave for the bears also allows for an intimate viewing of sleeping bears, especially by the children that visit the exhibit. Large windows in the viewing gallery, with heated rocks just in front, help to attract the bears to a more visible viewing location. These and many other features increase the chances for visitors to see the bears while not being distracted by functional aspects of the exhibit. FLEXIBILITY Designing flexibility into a project is more than just creating a large featureless space, In the case of Valleywood Clubhouse, the facility was designed to accommodate a steady flow of golfers during the golf season, full course tournament events, and special occasion events in both the golf and non -golf seasons. To achieve this mix of activities and maintain the building footprint within the client's budget, a strategy of flexible rooms was developed. The main event room overlooks the 18th hole for a beautiful view of the course and the natural setting. It is sized to appeal to both golfers and special event users, This room is also equipped with audio /visual capabilities and has connections with an outdoor patio, bar serving window, commercial kitchen and a casual bar seating area. The casual bar seating area can serve as an overflow event space or accommodate a steady stream of golfers while another event is booked. The main entrance lobby with fireplace is ideal for setting a casual tone for golfers and allows enough space for a reception table for special events. All these rooms are nicely detailed and are equipped with features that can be used by either golfers and /or special event guests, ENERGY Reducing energy costs to a third of similar retail operations gives a building owner a competitive advantage. To achieve these savings, a comprehensive and innovative approach to building design was required. One strategy for the free standing Apple Valley Liquor Store No. 3 was to tie waste heat from the beverage coolers to a geothermal heat pump loop system that is used to heat and cool the building. Along with this system, a well- insulated building also limits the need for temperature adjustments. To further reduce energy consumption, efficient lighting and building systems were used. By incorporating natural daylight, the need for artificial lighting during daytime hours was reduced, and consequently the heat created by light fixtures. LED lighting and other high efficiency light sources were used, Pay back on the energy systems was calculated and verified by the owner at 6 to 7 years. This project is a Green Globe certified project and achieved Energy Star certification after a full year of operation. FIRST COSTS This fire training tower combines both a training tower and a fire burn facility. With 14 training rooms and participation from four communities, this facility reduces the need for multiple facilities and expands the training capabilities for the local fire departments, Within the facility sacrificial walls were used to allow protection of the permanent structural elements. Fires can do tremendous damage to a facility and these sacrificial block walls will need to be replaced every 5 years or more, but the overall structure should last for generations, This sacrificial system was selected in place of very expensive fire tile construction, saving the communities over $200,000 or more than 10 percent of the construction budget. Iftm. CITY 06: EAGAN POLICE f CITY HALL CAMPUS 813ACE NEEDS ANALYSIS 17 Valleywood Clubhouse - Three Green Globes Apple Valley Liquor Store #3 - Two Green Globes Apple Valley City Hall DESIGN OF SUSTAINABLE BUILDINGS A majority of CNH Architects' architectural and intern staff are LEED Accredited Professionals and designed the first two projects in Minnesota to be awarded a Green Globe certification. Wayne Hilbert is a principal with CNH Architects and one of the first architects LEED accredited and the first architect to receive certification as a Green Globe Professional in Minnesota. CNH Architects, along with our design team, evaluate and develop sustainable strategies with our clients. We are familiar with a variety of rating systems and have incorporated multiple sustainable and high - performance strategies in our projects. These projects not only highlight our energy strategies, but also include multiple approaches to: Performance Management Site and Water Energy and Atmosphere Indoor Environment Quality Materials and Waste ROSEVILLE FIRE STATION With an existing Ice Arena on the city campus, the new Roseville Fire Station took advantage of the economies and included the development of a campus geothermal loop system. The piping loop harvests excess heat created in the process of freezing the ice sheet and distributes this heat through the city campus to the new fire station building. This first phase of the campus geothermal loop provides sufficient energy to fully heat the entire fire station building for only the cost of circulating the fluid in the loop piping, with capacity to spare for other city buildings on the campus. APPLE VALLEY LIQUOR STORE #3 Completed in 2008, this project was the first project in Minnesota to receive a Green Globe certification. The Green Building Initiative recognized this project with a "Two Globe" rating, and the building is also Energy Star certified. Using a highly efficient geothermal heat pump system and ventilation exchange allows this building to greatly reduce energy usage. The beer coolers are also integrated into the geothermal system. APPLE VALLEY CITY HALL Using both Minnesota Sustainable Design Guide and LEED as outlines for design, this project incorporates multiple sustainable strategies. It is listed on the Minnesota Office of Environmental Assistance website as an example of green architecture. It has also been published in American City and County Magazine and The National League of Cities for its sustainable strategies. APPLE VALLEY SENIOR CENTER - APPLE VALLEY, MN Completed in 2009, this project was awarded Two Globes under the Green Globe rating system. This facility uses a combination of daylight harvesting, heat pumps, ventilation air exchange and in -floor radiant heating to provide comfort and reduce energy consumption. VALLEYWOOD CLUBHOUSE - APPLE VALLEY, MN First facility in Minnesota to earn Three Green Globes for new construction. Overlooking the 18th hole, this building combines energy efficiency with a contemporary design to create a very successful event venue. CITY Or EAGAN POLICE 1 CITY HALL CAh1 $SPACE NEEDS ANALYSIS 18 ABLE Burn Building - Burnsville, MN Apple Valley City Hall - Apple Valley, MN Apple Valley Fire Station #1 - ALF Addition - Apple Valley, MN Apple Valley Fire Station #2 - Apple Valley, MN Apple Valley Fire Station #3 - Apple Valley, MN Apple Valley Liquor Store #1 - Apple Valley, MN Apple Valley Liquor Store #2 - Apple Valley, MN Apple Valley Liquor Store #3 - Apple Valley, MN Apple Valley Police Facility - Apple Valley, MN City of Apple Valley Park & Recreational Projects; Hayes Community Center Redwood Community Center Teen Center Senior Center Valleywood Clubhouse Addition Park Shelters at Quarry Point, Johnny Cake Ridge, Valley Middle, and Huntington Parks City of Rosemount - St. Joseph Church Study - Rosemount, MN Dakota County ADA Courtroom Buildout - Hasting, MN Dakota County CDA - 'Eagan, MN Dakota County Extension Services - Rosemount, MN Dakota County Human Services - Rosemount, MN Dakota County Judicial Center Remodel - Hastings, MN Dakota County Western Service Center Remodeling - Apple Valley, MN Eagan City Hall - Community Room - Eagan, MN Eagan Fire Station #2 Remodel - Eagan, MN Eagan Fire Station #3 Remodel - Eagan, MN Eagan Fire Station - District Station Study - Eagan, MN Farmington City Hall Remodeling - Farmington, MN Farmington Library, Dakota County Library System - Farmington, MN Farmington Police Station Remodeling - Farmington, MN Metropolitan Mosquito Control District - Division Headquarters - Scott, Carver, Anoka, & Dakota Counties Metropolitan Mosquito Control District, Science Lab Remodeling Minnesota Zoo Black Bear Exhibit - Apple Valley, MN MnDOT Materials Lab - Detroit Lakes, MN MnDOT Regional Headquarters - Detroit Lakes, MN MnDOT Salt Storage Building - Detroit Lakes, MN MnDOT Wayside Rests -Heath Creek, New Market, Straight River, MN MnDOT Welding Shop Addition - Detroit Lakes, MN MN National Guard Armory - Basement Water Infiltration & Ventilation - Rosemount, MN Mora Municipal Liquor Store - Mora, MN Mora Police Station Study - Mora, MN Redwood County Courthouse Remodeling - Redwood Falls, MN' Redwood County Law Enforcement Center - Redwood Falls, MN Roseville Fire Station — Roseville, MN State of Minnesota ADA Restroom Remodel at Administration Building - St. Paul State of Minnesota Water Intrusion Study at Judicial Center - St. Paul State of Minnesota Exterior Pavement Replacement at Judicial Center - St. Paul Viking Library Office Remodeling - Fergus Falls, MN Wadena County Courthouse Remodeling - Wadena, MN CITY OF! EAGAN POLICE f CITY HALL CAMPUS SPACE NEEDS ANALYSIS � 19 Based on the information contained in the Request for Proposal for Police I City Hall Campus Facility Space Needs Assessment for the City of Eagan, CNH Architects would propose the following; SERVICES Printing and Plotting Postage and Messenger Service Mileage FEE CNH Architects would provide the services indicated for a fixed fee of $16,800 plus reimbursable expenses. REIMBURSABLE EXPENSES Printing and Plotting Postage and Shipping Service Mileage CITY OF EAGAN POLICE t CITY HALL. CAMPUS SPACE NEEDS ANALYSIS �CH/TLCIS Agenda Information Memo June 17, 2014, Eagan City Council Meeting CONSENT AGENDA: U. Adopt A Resolution Authorizing Staff To Apply For A Grant Through The United States Department Of Justice. Action To Be Considered: Adopt a resolution granting authorization to the Chief of Police and Finance Director to apply for a grant through the United States Department of Justice ( USDOJ). Facts: ➢ The police department learned there was grant funding available through the USDOJ to hire police officers. ➢ Believing the newly developed retail area will generate additional police activity, the police department will be seeking additional staffing. ➢ The department is eligible to obtain up to four officers through the grant. ➢ Each position granted by the USDOJ is eligible to receive up to $125,000 over a three year period. ➢ Approving the resolution grants authority to the Chief of Police and Finance Director to manage issues and work with the USDOJ during the application process. ➢ If awarded funding, the City will be notified by October, 2014. Attachments: (1) CU -1 Resolution CITY OF EAGAN RESOLUTION ACCEPTING A DONATION TO THE EAGAN POLICE DEPARTMENT United States Department of Justice WHEREAS, the City Council of the City of Eagan encourages staff examine financial opportunities to help defray operational costs to the general public for providing services in Eagan; and WHEREAS, the United States Department of Justice has provided municipalities an opportunity to partially fund police officer positions through a grant. WHEREAS, staff is in the process of making application to fund three positions over a three year period. WHEREAS, the Police Chief and the Finance Director needs the Mayor and Council's authority to submit the application and become authorized to act on behalf of the City in the event any issues arise during the processing of the application; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Eagan, Dakota County, Minnesota, hereby grants the Chief of Police and the Finance Director the authority to make application to the United States Department of Justice and manage any issues arising through the application process. ADOPTED this 17th day of June, 2014. CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Cleric Motion by: Seconded by: Those in Favor: Those Against: Date: Agenda Information Memo June 17, 2014 Eagan City Council Meeting CONSENT AGENDA V. Payment to CenturyLink for Cedar Grove Fiber Optic Line Relocation Action To Be Considered: Approve the final payment of $273,915.62 to CenturyLink for the relocation of CenturyLink fiber optic facilities within the Cedar Grove Redevelopment Area and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ On July 17, 2012, the Economic Development Authority approved a purchase agreement with Paragon Outlets Eagan LLC for the acquisition of property in the Cedar Grove Redevelopment District in northwest Eagan for the development of the Twin Cities at Eagan Outlets. ➢ On April 2, 2013, the City Council awarded the base bid for Contract 13 -01 to provide street and utility improvements for Nicols Road (formerly known as Cedar Grove Boulevard) within the Cedar Grove Redevelopment Area. The improvements included the relocation of a significant portion of the existing Nicols Road along the alignment of the former state highway (TH 13). CenturyLink had significant trunk fiber optic lines along the alignment of the former state highway that needed to be relocated in conjunction with the Nicols Road relocation /street and utility improvements. ➢ As is typical for private utilities, CenturyLink had been issued a permit to locate within the existing public right -of -way. Relocation of a private utility's facilities as part of street improvements is typically at the cost of the utility company. Since the City's relocation request was to accommodate the Paragon development, the City's typical right to demand relocation at the utility's cost due to transportation purposes was not valid. ➢ On February 19, 2013, the City Council approved an agreement between the City and CenturyLink providing for the cost of the relocation of CenturyLink facilities within Nicols Road, then estimated at $293,349.87. The agreement called for the commencement of relocation activities in early 2013. ➢ The relocation of the CenturyLink facilities has been completed. An invoice for the final cost for the relocation has been submitted in the amount of $273,915.62. Public Works staff, Community Development staff, and the City Attorney's office have reviewed the final payment request from CenturyLink, and found it to be in order for favorable Council action. The cost will be the responsibility of the TIF District. Attachments: (0) Agenda Information Memo June 17, 2014 Eagan City Council Meeting PUBLIC HEARING A. Lot 21, Block 1, Fawn Ridge Easement Vacation Action To Be Considered: Approve the vacation of a portion of a public drainage and utility easement located on Lot 21, Block 1, Fawn Ridge and authorize the Mayor and Deputy City Clerk to execute all related documents. Facts: ➢ On May 7, 2014, City staff received a petition from Mr. Dan Verdeja, representing the property owner at 4477 Fawn Ridge Trail, requesting the vacation of a portion of an existing public drainage and utility easement on Lot 21, Block 1, Fawn Ridge. The parcel is located north of Cliff Road and east of Lexington Avenue in southeast Eagan. ➢ The purpose of the request is to allow the homeowner to build a 14 foot by 14 foot deck which would extend into the existing easement. ➢ The request would vacate a portion of the existing drainage and utility easement on the property. The vacation of the portion of the easement would allow the proposed deck to be built according to the desired plans. ➢ The drainage and utility easement was dedicated as part of the original plat, Fawn Ridge, to address storm water ponding of the drainage for the single - family development. The portion of the easement requested for vacation on said parcel is outside of the area impacted by a 1% storm event, including the preferred freeboard, and is accordingly not required for public purposes. ➢ This vacation request has been reviewed by Public Works (Engineering Division) staff and found to be in order for favorable Council action. Attachments: (2) PHA -1 Location Map PHA -2 Graphic <6D > 0 N Q Q!� o � Q as � � aQ fl� E3 C: Q � Q a a � ED � a e Q Q� as ��' d Q q G3 Q dC', C3`� O � Easement Vacation Location ED El 0 a � o a ni CD ° ED C Cliff Rod � E Proposed Easemant Vacation Location Map Fig. 1 4477 Fawn Ridge Trail City of Equ Lot 21, Block 1, Fawn Ridge 05 -20 -14 FAWN RIDGE TR. # 4477 5.0' 2so, Proposed Deck I 903.5 \ Proposed area X90 to be vacated O ( ` I � 1 Lot 21 Block 1-,lFawn �idge�Add. 5.0' 04 > Description of easement to be vacated: Beginning at the most westerly corner of Lot 21, Block 1, Fawn Ridge, Dakota County, Minnesota,thence Northeasterly along the Northwesterly line of said Lot 21 a distance of 138.55 feet to the point of beginning, thence South 2 degrees 22 minutes 22 seconds a distance of 25.00 feet, thence North 32' 24' 23° West to the Northwesterly line of said Lot 21 and there terminating. Excepting the Northwesterly 5.0 feet of Lot 21. 89 8 CY) \ \ 8 \ \ 9S \ \ 1 t � \ HWL 894.5 5/12/2014 q Cit of Ea R Proposed Easement Vacation Fig. 2 V 4477 Fawn Ridge Tr. Engineering Division Agenda Information Memo June 17, 2014, Eagan City Council Meeting PUBLIC HEARINGS B. Public Hearing for consideration of amendment to City Business Assistance Policy regarding Tax Abatement Action To Be Considered: To approve or deny an amendment to the City of Eagan Business Assistance Policy regarding the use of Tax Abatement for specific purposes. Facts: ➢ The City of Eagan considers applications for public financing assistance for property or business development through its Business Assistance Policy and application process. The policy was updated most recently in August, 2012. ➢ As one of its 2014 Priorities, the City Council included an intention to "reform the City's Financial Assistance Policy to enhance the City's flexibility and ability to pursue City priorities and amenities ". ➢ One of the few business financing tools the City's policy has not included to date is Tax Abatement. At its meeting of May 7, 2014, the City Council Finance Committee reviewed the policy and recommended that the City Council consider an amendment of the policy to permit the City the flexibility to consider tax abatement for the attraction of a colocation data center, attraction of a carrier neutral carrier hotel and redevelopment and revitalization projects, under certain circumstances. ➢ A colocation facility and carrier hotel are among the City's previously stated priorities and there may be redevelopment and revitalization proposals in the future that the Council determines to meet public policy priorities to justify a level of support that do not meet the statutory qualifications for tax increment financing or other financing tools. ➢ in order to consider an amendment of the policy, it is necessary to hold a public hearing in regard to the proposed changes. Attachments: PHB -1 May 7, 2014 Finance Committee Background Information PHB -2 Draft Business Assistance Policy Amendment PHB -3 Ehlers Memo regarding Tax Abatement Agenda Information Memo Finance Committee Meeting May 7, 2014 II. A. BUSINESS FINANCING POLICY — Consider Amendment of City Public Financing Policy — Option of Tax Abatement for Specific Purposes DIRECTION TO BE CONSIDERED: To make a recommendation to the City Council regarding an amendment of the City's Business Financing Policy to permit consideration of Tax Abatement for specific purposes to be defined by the City Council. FACTS (New Information in Bold): In the past, the City has relied on its competitive advantages including its location, proximity to the airport, 494 commercial area and the two downtowns, access to 494 and 35E, quality infrastructure, low taxes, rich broadband environment and other features to attract business vitality, expansion and location. To date, the City has been patient in allowing the private market to drive most development and occupancy deals on individual properties. While the City, through its EDA has been active on a selective basis to assist with multi - property assembly and redevelopment projects, it has relied on commercial owners and brokers to market properties and has focused City efforts on working with those private entities and responding to applications for business financing assistance on a case by case basis. • The minimal use of business subsidies has allowed the City to maintain its low property tax rates for businesses that chose to locate and expand in the City without financing assistance. • The City's current Business Financing Policy and application are based on an applicant or owner approaching the City to request assistance and the City has not proactively sought opportunities to offer assistance to prospects in response to standard site selection processes. • Even as the recovery takes hold and the number of prospects increases, there are an increasing number of prospects, brokers or location consultants who include questions about local financing assistance, fee waivers, and other forms of assistance in their discussions of location options. Despite these inquiries, the City of Eagan has been able to attract MISO, Cloverleaf Cold Storage, Murphy Companies and others to make substantial investments in the City for the standard business reasons of price, infrastructure, business amenities and location. • Through the City's Visioning process, a number of comments arose in both the Council and staff response groups suggesting that the City become more aggressive about offering business incentives, either generally or on a targeted basis for certain priorities. As part of its 2014 Priorities, the City Council included an intention to "Reform the City's Financial Assistance Policy to enhance the City's flexibility and ability to pursue City priorities and amenities." In related conversations, examples of priorities and amenities have included data centers, colocation data centers, carrier hotels and certain redevelopment and revitalization opportunities. One of the few tools to support such projects not currently available through the City's Business Financing Policy is tax abatement. At its meeting of January 15, 2014, the Finance Committee discussed the potential to expand the City's policy to include the option of tax abatement in specific circumstances. Tax Abatement as a Development Tool • Currently, the City's Business Assistance Policy states that the City of Eagan does not provide business assistance through Tax Abatement. • Tax increment works best to build up from a green field or to replace lower valued, substandard buildings with new, higher valued ones. In the case of green field or economic development districts, it is necessary for the development to fall within specific use categories supporting job creation or affordable housing development. In the case of some existing buildings, the best new use of the property may be in the form of a remodeled or repositioned reuse, rather than demolition and replacement. • If the City were to see a public purpose in supporting green field development for uses other than jobs or affordable housing or to reuse an existing building for a higher and better use, tax abatement is among the only tools available for that purpose. As an example, if the City concludes it would be open to financing assistance for a project like the enhanced CSM Central Park Commons plan, Tax Abatement and third party grants would be among the only options that may be applicable. • If the Committee were to recommend an amendment of the policy in this regard, staff would recommend that it be specific about abatement only applying to the incremental City tax revenue above the pre - project tax base and that the specific types of projects to which it could apply be defined in the policy. • Likewise staff would recommend that the specific list of project types or circumstances in which the tool would be applied be defined. It would be appropriate to confirm whether the underlined list above is appropriate for this purpose. • If the Committee recommends an amendment of the policy, an item will be placed on the consent agenda on May 20th to schedule a public hearing in that regard on June 17tH ATTACHMENTS: • Draft Amendment of the City's Business Assistance Policy • Ehlers memo regarding tax abatement 4-o Le U V V 4° W h� r 0 1�1 0 0 a� 4, m &7� o nz� -° �--i o �>, c° :" cd 0 O � V) � U f. +p O N N c0 N U N � � cd bD o cqj �COO Cd 4" Q' U cd V)> N cqj N cd Q. o 0 40 'd w • `� 4-q O Cd cd U '0 O cd N H g:L, 0 0 V o d (1) rA o o d � H O O Vj s b Cj O N Y o N x�� o v by bQ � � 0 CA o b C) � N U n 0 cd O id O bb ,- R � by N O � N 4 a �p o N ON Q 00 > O O ° cUd N 4s O V) N � � D O" P. 'd O O go 0 Lo- N d' py� U N ° O bb y� p :d vU id U id Cd N G bA o N O O ° N t O 4, U bo to U . 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O 0 O N ® ® U 4W y0 N =y ® 0 +U Cd 5� y 00 > ® O O O '� CQ •� 7j y ° L4 y .Sy N +2) y C� ° U ice-' .fl .y .� .� dc�% F+=1 C m o 'va�ic�� En U O O O A N N� ®� � o v O n cn •'" • e • o • • o UN a • • PC U � id .o d o y ® O y 'N ° � �. o ° Cd U b � .p U � � CC M ] Q \ � % » ] % k � .§ % » �§ \ $ � \ _ ƒf \ � t ƒƒ °� ) � (D '\ � 7 , \ % CJ g u / R k \ / / �� } / ) / 0 o § y / . u t ¢ m f � )k ■ \ 0 0 %2 _ 2 ■ \// 3 r3 1 u t c' i 1 13 Toe Tom Pepper, City of Eagan From: Rebecca Kurtz and Mark Ruff, Ehlers Date. November 18, 2013 Subject: Information Regarding the Mechanics of a Tax Abatement Levy As a follow -up to the Finance Committee's discussion on November 6, the following provides additional information regarding the abatement levy. As previously discussed, many communities use abatement in a way similar to tax increment. so The property pays its taxes in full; the community receive the taxes generated prior to the abatement; and, the increase in taxes after development is directed to a specific cost, financed either by the developer or the community. Under this scenario, the net impact to the community would be the same as if a tax increment district was established. However, as stated in the memo dated October 3, 2013, "Abatements are special tax levies. The amount of the abatement must be added to the total levy for the current year, and must be included in the proposed levy for Truth in Taxation as well as the certified levy." Tax abatement is not like tax increment for levy purposes. With tax increment, the City does not add the TIF payment to the tax levy which is annually submitted to the County in September. However, with abatement, the abatement payment is added to the tax levy. When a city is abating only the increase in taxes from a new development, it does not create an additional burden for the tax payers, or raise the City's tax rate, because the increase in the value from the development offsets the higher levy. For example, assume a commercial parcel pays $68,000 in city taxes. After development, let's further assume the parcel's market value increases substantially so that it pays $668,000 in city taxes. If only the new taxes are abated by the City, the City would continue to collect the tax revenue of $68,000. The tax increase of $600,000, due to the development, would be added to the levy. If a pay -as- you -go note is issued to the development, the payment of $600,000 would be used make payments on the note. In the example, if abatement assistance was not provided, the increase in tax revenue would help reduce the tax levy. vmwehler5 - inc. corn EHLERS Minnesota phone 651 -697 -8500 3060 Centre Pointe Drive -. LEADERS IN PUBLIC FINANCE Officos also in Wisconsin and Illinois fax 651- 697 -8555 Roseville, MN 55113 -1122 toll free 800 -552 -1171 Ad 3 r3 1 u t c' i 1 13 Toe Tom Pepper, City of Eagan From: Rebecca Kurtz and Mark Ruff, Ehlers Date. November 18, 2013 Subject: Information Regarding the Mechanics of a Tax Abatement Levy As a follow -up to the Finance Committee's discussion on November 6, the following provides additional information regarding the abatement levy. As previously discussed, many communities use abatement in a way similar to tax increment. so The property pays its taxes in full; the community receive the taxes generated prior to the abatement; and, the increase in taxes after development is directed to a specific cost, financed either by the developer or the community. Under this scenario, the net impact to the community would be the same as if a tax increment district was established. However, as stated in the memo dated October 3, 2013, "Abatements are special tax levies. The amount of the abatement must be added to the total levy for the current year, and must be included in the proposed levy for Truth in Taxation as well as the certified levy." Tax abatement is not like tax increment for levy purposes. With tax increment, the City does not add the TIF payment to the tax levy which is annually submitted to the County in September. However, with abatement, the abatement payment is added to the tax levy. When a city is abating only the increase in taxes from a new development, it does not create an additional burden for the tax payers, or raise the City's tax rate, because the increase in the value from the development offsets the higher levy. For example, assume a commercial parcel pays $68,000 in city taxes. After development, let's further assume the parcel's market value increases substantially so that it pays $668,000 in city taxes. If only the new taxes are abated by the City, the City would continue to collect the tax revenue of $68,000. The tax increase of $600,000, due to the development, would be added to the levy. If a pay -as- you -go note is issued to the development, the payment of $600,000 would be used make payments on the note. In the example, if abatement assistance was not provided, the increase in tax revenue would help reduce the tax levy. vmwehler5 - inc. corn EHLERS Minnesota phone 651 -697 -8500 3060 Centre Pointe Drive -. LEADERS IN PUBLIC FINANCE Officos also in Wisconsin and Illinois fax 651- 697 -8555 Roseville, MN 55113 -1122 toll free 800 -552 -1171 While the impact of abating the increase in taxes does not create an additional burden for the tax payers, it does increase the levy amount. This is the biggest difference between abatement and TIF. For example, if the newspaper publishes that the City's levy increased by 5 %, the abatement could be 1% of the 5 %. Finally, abatement is a special levy, like debt, so it is outside any levy limits. Please do not hesitate to contact us if you have additional questions. Agenda Information Memo June 17, 2014, Eagan City Council Meeting PUBLIC HEARINGS C. Public Hearing to consider public financing assistance to DataBank Holdings LP for the conversion of property located at 3255 Neil Armstrong Boulevard to a colocation data center Action To Be Considered: To take actions regarding business financing assistance for the DataBank Holdings LP colocation data center /carrier hotel project proposed for the former Taystee Foods building at 3255 Neil Armstrong Boulevard as it pertains to: 1) To approve or deny findings of fact, conclusions and a resolution regarding Property Tax Abatement for DataBank Holdings, LP of the City portion of the incremental tax revenue generated from improvements on the property related to the project. 2) To approve or deny a resolution authorizing and approving a Minnesota Department of Employment and Economic Development Minnesota Investment Fund application, grant agreement and forgivable loan for $150,000 for DataBank Holdings, LP. 3) To approve or deny a resolution supporting Data Bank Holdings LP's application Minnesota Job Creation Fund Business Designation in the amount of $270,000. 4) To approve or deny a waiver of the application fee and escrow requirement for the Data Bank financing application. Facts: ➢ DataBank LLC has submitted a Business Financing Application to the City of Eagan for consideration of actions pertaining to a $150,000 forgivable loan from the DEED Minnesota Investment Fund, a $270,000 grant from the DEED Jobs Creation Fund and the formation of a twenty year Tax Abatement District for financing assistance from the City portion of new property taxes associates with the company's prospective improvements to property at 3255 Neil Armstrong Boulevard. ➢ In order to consider the MIF funding and the Tax Abatement District, it is necessary to hold a public hearing. It is not necessary to hold a public hearing for a city's action on a Job Creation Fund application, but it would be appropriate to consider all applications at the same time. ➢ The application for consideration of a Tax Abatement District is dependent upon the amendment of the City's Business Assistance Policy, the hearing for which is also scheduled on June 17, 2014. ➢ At its meeting of May 7, 2014, the City Council Finance Committee recommended approval of the application for three forms of assistance indicated on the basis that the Council has a stated goal of attracting a colocation data center and further that the City is supportive of the development of a carrier - neutral carrier hotel to provide greater broadband opportunities for Eagan businesses and to provide regional redundancy and capacity for shared carrier switching and fiber routing alternatives. ➢ Minnesota Law permits the grant of an abatement for a period no longer than fifteen years. Additionally, the law provides for the City to request other taxing authorities (Dakota County & ISD 196) in which the parcel is located to grant an abatement. The abatement period is increased to twenty years if either of them declines to do so. Staff understands that the County and School District do not grant abatement. The City has asked Dakota County to formalize that response and it is scheduled before the County Board on July 8, 2014. The resolution below recognizes the term of the district to be twenty years, following a decline to abate taxes by either the School District or County. Attachments(9): PHC -1 Location Map PHC -2 Resolution regarding a Tax Abatement District for Data Bank Holdings LP PHC -3 Resolution regarding a Minnesota Investment Fund Grant and Forgivable Loan for Data Bank Holdings LP PHC -4 Resolution regarding a Minnesota Job Creation Fund Application for DataBank Holdings LP PHC -5 May 7, 2014 Finance Committee Background Information regarding Data Bank PHC -6 Data Bank Business Financing Assistance Application PHC -7 Letter from Mayor Maguire to Data Bank regarding potential business financing assistance PHC -8 City Council 2014 Goals including references to using public financing to attract City priorities and strategic efforts to broaden fiber -optic access and use PHC -9 City Council resolution of January 4, 2011 pertaining to attracting a colocation data center E w 0 1 210 VISWNl00 �$ 50Ntl1000M 11005 rc Zp G SSTRS ¢ r m onnsst p ss e i N ��/� w/ y0 G p j? 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P CIA l6 ONO2llSWiltlll3 R' o �^ O V/ o o ¢ z 0 @5 9 3hVNOlJNIX3 k 5 _OR-0 l)EVON =OH= 1Nf00 AVNOlJNIX3l E J -- a 6 W Q J tll �' aS 0 p9 U 7 0 e� o a p n� PKE CIR U > S HS N1G ;• 3AVAGVN3W08d K ' w Z � U QoGNBIIL CIR P z v o O z y p A' 4^ N2JtlWN3p W 3AV w S N U z p `�,� 3AtlNNVWN30 JH- KO 3AVN2itlWN30 ]AV WN30 ,T lip O Gvoa ptllslor U) � or R 3 J 10 3001 153210 yL 4 \``�`^• i � � O <1Z z U-C) 0 C N co 0 N 00O a I.j a c c 0 V LL Y m L O a a a=i m a y awe 0 (D J© -0 LO 0 1 210 VISWNl00 �$ 50Ntl1000M 11005 rc Zp G SSTRS ¢ r m onnsst p ss e i N ��/� w/ y0 G p j? P CIA l6 ONO2llSWiltlll3 R' o �^ O V/ o o ¢ z 0 @5 9 3hVNOlJNIX3 k 5 _OR-0 l)EVON =OH= 1Nf00 AVNOlJNIX3l E J -- a 6 W Q J tll �' aS 0 p9 U 7 0 e� o a p n� PKE CIR U > S HS N1G ;• 3AVAGVN3W08d K ' w Z � U QoGNBIIL CIR P z v o O z y p A' 4^ N2JtlWN3p W 3AV w S N U z p `�,� 3AtlNNVWN30 JH- KO 3AVN2itlWN30 ]AV WN30 ,T lip O Gvoa ptllslor U) � or R 3 J 10 3001 153210 yL 4 \``�`^• i � � O BEFORE THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Property Tax Abatement for FINDINGS OF FACT, DataBanlc Holdings, LP CONCLUSIONS AND RESOLUTION This matter came before the Eagan City Council at a public hearing at its meeting on June 17, 2014. Based upon all the files, records and input which were presented at the meeting the City Council makes the following Findings of Fact, Conclusions and Resolution. FINDINGS OF FACT 1. On January 4, 2011, the Eagan City Council approved a Resolution Expressing Support for an Eagan Colocation Facility and Open Access Fiber. 2. The City of Eagan has invested over $2.0 million in the installation of the AccessEagan fiber network within the City's core business district 3. DataBanlc Holdings, LP, a foreign limited partnership ( "DataBanlc ") provides enterprise -class managed data center facilities for colocation services. 4. DataBank's facilities are designed to provide clients 100% uptime availability for data, applications and equipment for their clients' critical business IT infrastructure. 5. DataBanlc desires to lease the building located at 3255 Neil Armstrong Boulevard, Eagan, Minnesota (parcel number 10- 22515 -01 -030) (the "Property "). 6. DataBank intends to install approximately $48.0 million worth of improvements to the site and building, including equipment, necessary for a colocation /data center facility at the Property (the "Project ") 1 7. The Project is anticipated to commence July 1, 2014 and to be completed by September 1, 2017. 8. Services at the colocation /data center facility are anticipated to commence January 1, 2015. 9. DataBank's colocation /data center facility will be connected to the AccessEagan fiber network. 10. DataBank's colocation /data center facility is expected to provide services to businesses located within the City of Eagan and to draw additional carriers and businesses to the City and the AccessEagan fiber network. 11. DataBank's colocation /data center facility is expected to provide carrier- neutral services. 12. The Project and colocation /data center facility is expected to create approximately 30 new jobs with an average wage of $32.50. 13. DataBank seeks assistance from the City of Eagan to finance the Project in the form of a 100% abatement of the taxes imposed by the City on the new value of the Property. 14. DataBank has also requested that the City of Eagan waive its application fees required for analysis of the impact to the City of Eagan of a tax abatement. 15. DataBank is also applying to the Minnesota Department of Employment and Economic Development for designation as a Job Creation Fund ( "JCF ") business and to receive JCF funds for the Project 16. DataBank has also requested that the City of Eagan apply for funding through the Minnesota Investment Fund from Minnesota Department of Employment and Economic Development to finance the Project. 2 17. The City of Eagan has considered abating the City's share of the increase in property taxes due to an increase in the market value up to $23,420.00 annually for a maximum of 15 years with abatement to begin in 2016 and terminate after 2030. If either of these options occur, the final payment under the Abatement will be extended to February 1, 2031, and the future value of the abatement will increase but not exceed $351,300.00. These terms will hereafter be referred to as the "Abatement." 18. By Minnesota law, the term of the Abatement may increase to a maximum of 20 years if one of the other political subdivisions in which the Property is located does not abate or fails to respond to a request to abate within 90 days of receipt of the request. Under such terms, the final payment will be February 1, 2036, and the future value of the abatement will not exceed $468,400.00 19. Notice of the public hearing held June 17, 2014 was published at least 10 days but not more than 30 days prior thereto. CONCLUSIONS 1. DataBank's request for tax abatement is properly brought before the Eagan City Council. 2. The City of Eagan is authorized to grant tax abatement pursuant to Minnesota Statutes, Sections 469.1812 through 469.1815. 3. The City Council expects the benefits to the City of the Abatement to at least equal the costs incurred by DataBank in its redevelopment of the Property to support a colocation facility. 4. Granting the Abatement is in the public interest because it will increase the tax base of the City and provide employment opportunities in the City. 3 5. The City Council expects the direct and indirect public benefits described above to be derived from the Abatement. 6. During the period of abatement, the Property will not be located in a tax increment financing district. 7. During the period of abatement, the total amount of property taxes abated by the City of Eagan by this and other resolutions shall not exceed the greater of (1) ten percent (10 %) of the City's net tax capacity or (2) $200,000. 8. If one of the other political subdivisions in which the Property is located does not abate or fails to respond to a request to abate within 90 days of receipt of the request, the period of abatement will be extended to a maximum of 20 years by Minnesota law. RESOLUTION 1. The City Council of the City of Eagan hereby approves tax abatement for parcel no. 10- 22515 -01 -030 located at 3255 Neil Armstrong Boulevard, Eagan, Minnesota with the following terms: a) DataBank shall enter into a Development Assistance Agreement or other agreement memorializing the terms and conditions of the abatement; b) The amount of the abatement shall equal the increase in the market value of the property, but shall not exceed $23,420.00 annually for the term of the abatement; C) The term of the abatement shall be for 15 years commencing with the taxes payable 2016; d) The term of the abatement shall be extended to a maximum of 20 years if one of the other political subdivisions in which the property is located declines to grant abatement for the property or fails to respond to the written request within 90 days of receipt; e) DataBank shall continue to operate the colocation /data center facility for at least 5 years after the earliest date of either: (i) the improvements for the entire project are finished, or (ii) a business operates the facility; and M f) The abatement shall be subject to all of the terms and limitations of Minnesota Statutes, Sections 469.1812 through 469.1815. 2. The City Council of the City of Eagan hereby requests that the other political subdivisions in which the property is located grant abatement for the property. 3. The City Council of the City of Eagan hereby waives the tax abatement application fees. Dated at Eagan, Minnesota this day of , 2014. CITY OF EAGAN By: Mike Maguire Its: Mayor By: Christina M. Scipioni Its: City Clerk 5 RESOLUTION AUTHORIZING AND APPROVING MIF APPLICATION, GRANT AGREEMENT AND FORGIVEABLE LOAN IN CONNECTION WITH DATABANK HOLDINGS, LP BE IT RESOLVED that the City of Eagan act as the legal sponsor for project(s) contained in the Business and Community Development Application to be submitted on or after June 18, 2014 and that Mike Maguire, Mayor, and Christina M. Scipioni, Clerk, are hereby authorized to apply to the Department of Employment and Economic Development for funding of this project on behalf of the City of Eagan. BE IT FURTHER RESOLVED that the City of Eagan, on behalf of DataBank Holdings, LP, has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate construction, operation, maintenance and replacement of the proposed project for its design life. BE IT FURTHER RESOLVED that the City of Eagan has not incurred any costs and has not entered into any written agreements to purchase property. BE IT FURTHER RESOLVED that the City of Eagan has not violated any Federal, State, or local laws pertaining to fraud, bribery, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED that upon approval of its application by the state, the City of Eagan, may enter into an agreement with the State of Minnesota for the above- referenced project(s), and that the City of Eagan certifies that it will comply with all applicable laws and regulations as stated in all contract agreements and described on the Compliance Section (S -7) of the Business and Community Development Application. AS APPLICABLE, BE IT FURTHER RESOLVED that the City of Eagan has obtained credit reports and credit information from DataBank Holdings, LP. Upon review by the City of Eagan, and (Applicant's Legal Counsel), no adverse findings or concerns regarding, but not limited to, tax liens, judgments, court actions, and filings with state, federal and other regulatory agencies were identified. Failure to disclose any such adverse information could result in revocation or other legal action. NOW, THEREFORE BE IT RESOLVED that Mike Maguire, Mayor, and Christine M. Scipioni, Clerk, or their successors in office, are hereby authorized to execute such agreements, and amendments thereto, as are necessary to implement the project(s) on behalf of the applicant. ADOPTED by the City Council of the City of Eagan this day of 2014. By: Mike Maguire Its: Mayor Ayes: Nayes: Attest: CERTIFICATION Christina M. Scipioni Its: Clerk I, Christina M. Scipioni, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this day of 2014. Christina M. Scipioni, Cleric 2 RESOLUTION SUPPORTING DATABANK HOLDINGS, LP'S APPLICATION FOR JOB CREATION FUND BUSINESS DESIGNATION WHEREAS, DataBank Holdings, LP seeks to construct a colocation /data center facility at 3255 Neil Armstrong Boulevard (the "Project "); WHEREAS, on January 4, 2011, the Eagan City Council approved a Resolution Expressing Support for an Eagan Colocation Facility and Open Access Fiber; WHEREAS, the City of Eagan has invested over $2.0 million in the installation of the AccessEagan fiber network within the City's core business district and has offered to connect the AccessEagan fiber network with the colocation /data center facility to benefit businesses connected to the network; WHEREAS, DataBank Holdings, LP intends to or has applied to the Minnesota Department of Employment and Economic Development for designation as a Job Creation Fund ( "JCF ") business and to receive JCF funds for the Project; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Dakota County, Minnesota, that the City of Eagan hereby supports DataBank Holdings, LP's construction of a colocation /data center facility at 3255 Neil Armstrong Boulevard. ADOPTED this day of )2014. Mike Maguire ATTEST: Christina M. Scipioni, City Cleric Agenda Information Memo Finance Committee Meeting May 7, 2014 II. B. ASSISTANCE APPLICATION FOR FORMER TAYSTEE FOODS BUILDING REUSE DIRECTION TO BE CONSIDERED: To make a recommendation to the City Council regarding business financing assistance for the DataBank colocation data center /carrier hotel project proposed for the former Taystee Foods building at 3255 Neil Armstrong Boulevard as it pertains to: 1) A waiver the application fee and escrow requirement for the DataBank financing application. 2) An application to the Minnesota Department of Employment and Economic Development Minnesota Investment Fund for a $150,000 forgivable loan. 3) An application to the Minnesota Job Creation Fund in the amount of $270,000. 4) An application for Tax Abatement of the City portion of the incremental tax revenue generated from improvements on the property related to the project. FACTS: General Background ➢ Greater MSP approached City staff several months ago indicating that a national data center operator named DataBank was pursuing the option of retrofitting the former Taystee Foods building at 3255 Neil Armstrong Boulevard to be a colocation data center. ➢ Greater MSP coordinated contacts between the company, the Minnesota Department of Employment and Economic Development and the City in response to the Company's request for consideration of public financing assistance. ➢ In response and in consultation with the Finance Committee and members of the City Council, the letter as an attachment below was forwarded to the Company in February. It indicated the City would be open to considering financing assistance for the project, with the level of assistance to relate to the nature of the proposed facility. The item before the Committee is what was contemplated in the letter. ➢ Ordinarily, an application for public financing assistance requires an application fee of $1,000 and an escrow for out of pocket expenses of $10,000. In consideration of the alignment of the proposed project with the City priority to attract a colocation center and /or carrier hotel, staff is requesting consideration of a waiver of the application fee and escrow in this case. ➢ The specific components of the requested public financing package are outlined below. Minnesota Investment Fund Application ➢ The State has preapproved a Minnesota Investment Fund forgivable loan of $150,000 for DataBank, but it is still necessary for the City to approve and submit a Part II application, negotiate a loan agreement and administer the transaction. ➢ This process requires a public hearing, resulting in a resolution and appropriate findings to support the application. ➢ The MIT program requires a finding of public purpose, which in this case can be both job creation and responsiveness to a stated City priority of attracting a colocation data center and carrier hotel. ➢ If the Committee makes a recommendation to approve this application, an item to schedule public hearing would be placed on CC agenda for May 20, 2014 to hold the public hearing on June 17, 2014. Job Creation Fund Application ➢ In 2013, the state created the Minnesota Job Creation Fund to provide assistance to businesses forming new jobs within the state by expansion or location of businesses. ➢ The program provides assistance directly from the state to a business, but it does require an action by the host community to confirm its interest in the assistance being provided. ➢ The state has preapproved a JCF commitment to Databank in the amount of $270,000. ➢ If the Committee makes a recommendation to approve this application, no public hearing is required, but consideration of the item would be scheduled for the Council meeting on June 17, 2014 to coincide with the other assistance requests. Tax Abatement ➢ The Finance Committee has previously indicated openness to considering a recommendation to the City Council to amend its Business Financing Assistance Policy to permit consideration of Tax Abatement in specific circumstances related to Council priorities. One of those priorities has been a colocation data center, particularly one that would also be a carrier hotel. ➢ If the Committee recommends and the Council approves an amendment of the City's Business Assistance Policy to permit consideration of tax abatement for specified purposes, it is necessary to define the public purpose through a public hearing process. ➢ In this case, the applicant is not suggesting that a financing gap is present, but that assistance is being requested to incent the location of the facility at the Eagan site. Within the Tax Abatement law, the City may find that a public purpose is present without proof of a financing gap. ➢ If the Committee wishes to recommend assistance in this regard, staff recommends consideration of a condition that DataBank provide a definition of the proposed carrier hotel aspect of the project, which would be vetted by third party experts (the City may choose to ask members of the Technology Working Group or some other party to serve in this role). At some mutually agreed upon time, DataBank would be asked to provide confirmation that the criteria within the definition have been met, as a condition of continuing to receive the tax abatement assistance. ➢ If the Committee makes a recommendation to approve this application, an item to schedule public hearing would be placed on CC agenda for May 20, 2014 to hold the public hearing on June 17, 2014. ATTACHMENTS: ➢ DataBank Business Financing Assistance Application ➢ Letter from Mayor Maguire to DataBank regarding potential business financing assistance ➢ City Council 2014 Goals including references to using public financing to attract City priorities and strategic efforts to broaden fiber -optic access and use ➢ City Council resolution of January 4, 2011 pertaining to attracting a colocation data center CITY OF EAGAN APPLICATION BUSINESS ASSISTANCE FINANCING GENERAL INFORMATION Business Name: DataBank, LLC 1 ,.. � b jA ,S C Date: 5/5/14 revised Address: 400 South Akard Street, Suite 100, Dallas, TX 75202 Type (partnership, etc.): LLC I EP Authorized Representative: Gene Goddard Phone: 651- 247 -7392 Description of Business: DataBank is a coloration data center provider Legal Counsel: Address: FINANCIAL BACKGROUND 1, Have you ever filed for bankruptcy? No 2. Have you ever defaulted on a loan commitment? No 3. Have you filed for conventional financing for this project? 4. List financial references: a) RBC Capital b) CapSource C) Phone: 5. Have you ever used Business Assistance Financing before? If yes, what, where and when? 0 PROJECT INFORMATION No 1. Location of proposed project: 3255 Neil Armstrong Blvd., Eagan, MN 2. Amount of business assistance requested: 100 percent tax abatement from city increase in property taxes; $150,000 MIF; $270,000 MN JCF 3. Need for business assistance: Lower the cost of development of the site. 4, Present ownership of site: LIBERTY PROPERTY LMTD PTNSFIP, 500 CHESTERFIELD PKWY, MALVERN PA 19355 -1427 5. Number of permanent jobs created as a result of project: 30 6. Estimated annual sales: Present: $0 Future: $12 -15 mm I7, Market value of project following completion: TBD 8. Anticipated start date: 7/1/2014 FINANCIAL INFORMATION I. Estimated project related costs: a) Land acquisition b) Site development c) Building Improvement cost d) Equipment e) Architectural /engineering fee f) Legal fees Completion date: 1/1/15 (Also see attached spreadsheet) N/a 15 year lease $3,500,000 $5,000,000 $39,500,000 costs borne by DataBank. (note: an additional $15 -$20 million in equipment will be purchased by clients), i g) Off site development costs Offsite costs related to electrical infrastructure is covered by Dakota Electric Association TOTAL: $48,000 2, Source of financing: a) Private financing institution $0 b) Requested public assistant funds $340,000 (estimated value of 100 percent tax abatement of new value over 20 years. c) Other public funds $420,000 ($270,000 MN JCF grant and $150,000 MIF forgivable loan from MN DEED) d) Developer equity $47,510,000 TOTAL: $48,000,000 I am submitting the business financing assistance application and related support documentation for the purposes of requesting consideration of public financial support of my project. I understand that the application fee is non - refundable and that the escrow deposit will be used for City staff and consultant costs associated with the review of this application. The balance of the escrow may be returned if the costs of review are less than the original deposit. The escrow may be partially refundable if the request for assistance is withdrawn. Refunds will be made at the discretion of the City Council and be based on the costs incurred by the City prior to the withdrawal of the request for assistance. If the initial application escrow is insufficient to cover all City costs of review, I will be responsible for additional deposits. SIGNATURE Applicant's Signature: Date: PLEASE INCLUDE: 1. Preliminary financial commitment from bank, 2. Plans and drawing of pro iect. 3. Background material of company. 4. Pro Forma analysis. 5. Financial statements. 6. Statement of property ownership or control. City Staff has agreed not to require the business to pay these fees. This still has to be approved by the EDA board, 7. Payment of appli ffti ,,, fee M 87 —Lse pay!liet -y 1 n,000 .,,,a Eserevi n-g+,eeinent Supplemental Information: Company and project description: DataBank is the leading provider of premium enterprise -class managed data center space for colocation services in the Dallas, TX and Minneapolis, MN markets. Our facilities are designed to provide clients with 100% uptime for all their critical business IT infrastructure, With True 2N power delivery, DataBank's colocation offerings are customized technology solutions designed specifically to help organizations manage their risk and improve their overall business performance. "DataBank is a leading provider of customized colocation solutions and services that are designed to help organizations manage their risk and improve business performance. Our enterprise - class, managed data center services are aimed at providing 100% uptime availability for data, applications, and equipment, Built around world -class data center facilities, DataBank delivers customers a premium environment with the benefit of a multi -homed multi - terabyte Internet access hub, and storage area network. DataBank's comprehensive suite of managed services and unique consultative approach ensure we provide a custom - tailored solution that meets your organization's specific business needs and objectives." The majority of the Minneapolis - Saint Paul regions internet and phone traffic is currently routed through the 511 Building in downtown Minneapolis. Because this one facility manages so much activity, it has become a critical point of failure for the entire region. The proposed DataBank development will not only be a colocation data center facility but will offer state -of- the -art meet me rooms that will allow multiple telecommunication carriers to Interconnect and serve as a second 511 Building for the region and will offer redundancy and reliability to the network. DataBank's customized data center solutions allow Fortune 500's and other large companies to invest in their own businesses and not in data centers to accommodate their IT operations. The presence of DataBank's new facility will serve to bring the market for outsourced data center services to Minnesota and ensure large MN -based corporations keep their operations in MN and not to outsource facilities in other markets. Lastly, DataBank's presence in MN will attract users from other markets to the Mpls /St. Paul metro, The DataBank project in Eagan will rehabilitate the vacant Taystee bread facility that has been vacant for over 4 years. The company will be signing a 15 year lease -to -own agreement with Liberty Trust and will be investing $48 million in building renovations and new equipment. DataBank will provide managed data center services and will be hiring BO people within two years of becoming fully operational. We anticipate that our clients will invest an additional $15 -$20 million over 4 years. Additional public agency funding sources; In addition to the ask from the city for 100 percent tax abatement the new value of the property taxes for a carrier hotel data center project, DataBank has received a commitment from DEED for a $270,000 MN Job Creation Fund award, and a $150,000 forgivable Minnesota Investment Fund award that will help defer a portion of the business costs for the project. Sources & Uses: Bank(s) Equity State Local Gov't Other ( ) Total Property Acquisition $0.00 Site Improvement $3,500,000 $3,500,000 New Construction $0.00 Renovation of an Existing Building $4,390,000 $270,000 $340,000 $5,000,000 Purchase of Machinery & Equipment $39,350,000 $150,000 $39,500,000 Infrastructure $0 Other: $0 Other: $0 Total Project Cost $0 $47,240,000 $420,000 $340,000 $0 $48,000,000 GREATER . M'§j�' City of Eagan Assistance Mike Magulro Mayor Pebruary 28., 2014 Paul Bakken Mr. Timothy J, Moore Cyndod RoW blilef Executive. Officer Gary Hans6h Data Bank Meg Tilley- 400 S. Akard, Suits #100 Council Members Dallas, Texan 75,202 Dear Mr., Moore: Dave Osborg City AdmInl9trator As Mayor of the City of Eagan, I submit with great pleasure and pride this proposal for your -oonWderatl6n, In cooperation with the Minnesota 06partm ent...Of Erripidyh1oht and Edohorrilo. Dowelopment, Dakota Electric and GREATER IVISIP that -we- hope will result In locating your colboation fadifity- datA boluf iii. the bify, of 5ooAn-ff is my'lundorstandIrlig your staff has completed a great d , eal of , W&k to dateWth City,. df * Eagan staff;; * giving, you a head stag: undors.tandli1g.1hp project and the gyeat -pmenities� present In the municipal Center City of Ebgth"YeUhiare Wb.a few outstandlhg items required In order to .3830 Pilot Knob Road finalize your site selection decision.. Eagan, MN M1:22-1810• On,January-4, 2011 the. Eagan C.Ity C.ouriollunarilmougly approved. a 651.676.5G0O -phone Resolution E..xp .r.e&.51.p_g,.SUpport for an Ebgpn Colocation Facilify-and Open 651 .676.5012 fa)( Aodiggg Flb,&r.. By addptfoli of this resolution-, the Eagen City Cd'un'.off. affirmed 651.45,�,8536TDU as- a 01-ty priority the Oacernent and construction of a C.0100atlah facility/data cantat; and the iristallatiori ondoxtonsion. of Ctty,oiw.ned fiber Infrastructijr.e., at6tffig both'arig iii thin -public, 1hitbir6st and a nobi sslty as a OrItIcial infrastructure. Maint6narido Facility 8801 06aohh)an Point. The City of Eq.gan lids 01aaed A i hlol'hi pfloNt y on the expanOdh:and attraction Eagan, MN 55.122 of data .canters arid oolmoation faOillflea within the foorrim unity, particularly 651.675.630Ophons those that would carent infoi:Msiffon-fdouvoid businesses 651,675,5380 fax and our investments: In broadband Infrastructure%, Eagan's dboado-lohg f.00us on bf6tifttind, t6choology and business continuity with local Industry., make 85.1,454.85$5-TOD use,.groat partner in your future success.. We will work closely with Dakota Elootdo and will serve as a conduit for State funds, should they become avdil6ble, www;uityofoagan.com Upon completion and rovi6w of a pL(bllc finanoing asslsfano,6 application, and approval from the City's EconoNc. Develophnant-Authority, ,(comprised of the Mayor and City Colf ncll Members), I am oprifident.the City Council would favorably coftald6r TO.0% Tax AbatOmdrit 'of the new tax d! - fferantlel for up to 20 years, for the City portfort of the property 18i for a carrier hotel, A caroler The Lone. Oak Tree hotel would bz defined as,, a soo.uro sito where data.00-mmunicaflons are The symbol of interconnected from numerous teleciorriiYiurticatltans and Internet servfoe strength and growth - providers (ISF) to minimize overhead and optimize communications efficletiol.as for all partholOants Involved, Approval of Tax Abaiement.for-the In our community. .. .......... ... ... City of Eagan Assistance City portion of the property tax might also be considered favorably, with a formula structured as follows: • 75% of the new tax differentlal, for woolodation facility, defined as a building designed to accommodate data resources for multiple businesses, * 606/6 of the new tsx differential for single user data center. Again, such a tax abatement program would. nood'approval from the City's EDA arid the flail 0.1ty-Gounoll, buttho importance Of locating a fadjllty'�;.Uoh as you propose-In -Eagan illustr;#es-the Glt.yft commitment to the . of a colocatlon facility in aur-oommunity... In,addition, the City of Cagan has, Invested over $2.0 million In the installation of-the,Adcos8 Eagan fiber network that :covers over 16 milet.wUhin the core business district of Eagan,.At -our cost, the City would be willing to bring Access Eagan f1berdirectly into your facility -so that your providers can reach Eagan companies. As.your staff has experienced with the., sekrly work already completed, the City of 12606n -has- ai highly akpt�eleriaed and eff&.ctivve staff that Will gfve. C3ata,RanVs -development and building plans cIase attention and.prooess them promptly, once received, the faotthat. Dataftnk has done so much work With Clfiqdf Eagan staff to date gives them a head sfart..Iri understanding the prqj6ot.t;�t.pprjD.v_aI-.s that•wIll. be necessary to. allow Your Odmpaftq to hit the Odge.edtiva stheduld ybu have described. In addition to. tho City of Eagan can provide, as noted abovb, be assured We will Isuoport and Oroceb&the necessary financial application material bataSa•k many need to..submit to the State of Minnesota for*the*.Ir business atwJstanoe and. tax- orodi t programs. Furthorm-or.o., the City of"Eagan has a:great•&klng. relationship with Dakota Electric, Who has always .proven to be an oxtromoly reliable provider of elaotrfoal servIcasat. eXtr'amely.od",ofitive rates:. I As yo.wcan tell from,tht-h lhform,9flari included; In this letter;, the City -of Eagan Is very Interested in seeing Datagank's proposed facility locate in our 00Mmu.nity. Seoa-Use!of .our quality workforce, low lgovernm.ont costs and understanding of-youir prolbot'.and strong publib.arid private -infta.gtedoture, we believe Eagan Is the -best place to IIm.It DataBank's risk and Increase your speed to market. You will find %attacheda.document •ntitled.: "The Eagan Advantage" which clearly Illustrates ;the many exceptional qualities of the City of Eagan and ourantire community. We look. forward to Including Datasank in our story.. Please 'do not he0tatd-to contact me If you should .have -any questions or would like to dtsouss, any contents of this letter in further detall. Sincerely.,* T r= CITY OF EAGAN Nvzj Amyjl�� Mike Maguire Mayor i 1 i EaRaR APPENDM A 2014 City of Eagan Priorities DRAn' -- April 18, 2014 « Enhance the City's vibrancy and attractiveness to a broad range of cultures, lifestyles, and generations. • Improve the City's physical connections by strengthening the walkability and bile friendliness of routes among retail centers, schools) transit, neighborhoods and parrs. « Reform the City's pinan.cial Assistance Policy to enhance the City's flexibility and ability to pursue ,City priorities and amenities, « Encourage partnerships that enhance the community's identity through public art, culture, and historical preservation initiatives, • Strengthen the City's engagement with citizens, and particularly school age youth, to further improve understanding and p-articipatioyn in local government. « Renew the strategic efforts to broaden fiber -optic access and use by Bagan businesses and residents, v CITY OF EAGAN RESOLUTION NO. 2011- 9a2.1 EXPRESSING SUPPORT FOR AN EAGAN COLOCATION FACILITY AND OPEN ACCESS FIBER WHEREAS, the businesses of Eagan, large and small, have, over the past three years, indicated to the City that their ability to create jobs, to retain existing jobs, and to compete in the global economy is heavily dependent on access to high performance, competitively priced broadband services and a colocation facility located in Eagan; and WHEREAS, Eagan businesses contacted by City and the Dakota County Regional Chamber of Commerce also indicated unmet broadband business needs and concern over the high cost of telecommunications and broadband services in the City and that such costs inhibit their ability to create and retain jobs and expand their businesses; and WHEREAS, the Eagan Technology Working Group has met regularly for more than four years to identify ways to make Eagan businesses more competitive in the local economy and has recommended that the City take all possible steps to encourage the construction of a colocation facility /data center in Eagan; and WHEREAS, colocation owners and operators have consistently indicated to the City that open access and commefci:al use of City= owraeci fiberinfrastruct<ire would be a significant business location factor for the construction of a colocation facility /data center in Eagan; and WHEREAS, there is a shortage of highly specialized data center, space in, tl:�' Twin Cities metropolitan area, and specifically outside downtown Minneapolis or St. Paul; and WHEREAS, the Eagan City Council, and its Finance Committee. have previously met, reviewed, and endorsed the key strategies for these improvements to occur or be attracted to occur in Eagan without delay; and WHEREAS, the Eagan City Council recognizes that achieving its goals will require the commitment of financial resources to achieve its objectives, NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, finds that the placement and construction of a colocation facility /data center, and the installation and extension of City -owned fiber infrastructure, are in the public interest and necessity as critical infrastructure, so that we hereby encourage those prudent measures which come before us to make such facilities and connections occur, forthwith. ADOPTED this 4th day of January, 2011. Motion by:'�� Seconded by: (/' e 6Js Those in Favor: AL-C Those Against: *-iq e- Date: Z� - 1 , 2011 CITY OF EAGAN CITY COUNCIL r By: A 6�� It's Mayor Attest: Pk;a, & 4,� It's Deputy ClerlO CIi;RTIFICATION I, Mira Broyles, Deputy City Cleric of the City of Eagan, Dakota County, .._Minnesota,_ do hereby ,certify_thatahe_%xegoing 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 4th day of January, 2011. Mira Broyles, Deputy Oty Clerk Agenda Information Memo June 17, 2014, Eagan City Council Meeting OLD BUSINESS A. Comprehensive Guide Plan Amendment, Preliminary Planned Development and Preliminary Subdivision — Interstate Partners (CityVue Commons) Actions To Be Considered: To implement a Comprehensive Guide Plan Land Use Amendment (OR direct preparation of findings of fact for denial) to change the land use designation from Special Area /Office Service to Special Area /Mixed Use upon approximately 10 acres generally located south of Yankee Doodle Road, north of Town Centre Drive and west of Lexington Avenue. To approve (OR direct preparation of findings of fact for denial for) a Preliminary Planned Development to establish a mixed use development project upon approximately 10 acres generally located south of Yankee Doodle Road, north of Town Centre Drive and west of Lexington Avenue, subject to the conditions listed in the APC minutes. To approve (OR direct preparation of findings of fact for denial for) a Preliminary Subdivision (CityVue Commons) to create six lots upon approximately 10 acres generally located south of Yankee Doodle Road, north of Town Centre Drive and west of Lexington Avenue, subject to the conditions listed in the APC minutes. Required Vote For Approval: ➢ Comprehensive Guide Plan Amendment —At least four votes ➢ Preliminary Planned Development— Majority of Councilmembers present ➢ Preliminary Subdivision — Majority of Councilmembers present Facts: ➢ The —10 acre site is zoned Planned Development (PD). ➢ The northern portion of the property was platted in 1985 and developed with a 10 -story office building (vacant) and associated parking. ➢ The southern portion was replatted in 2008 and is undeveloped. ➢ The property is located within the Central Commons Special Area. ➢ Access is currently provided via Yankee Doodle Road and Town Centre Drive. ➢ The property is within the Shoreland Overlay District of O'Leary Lake, which requires Planned Development zoning for residential projects. ➢ One or more wetlands are present on the property. ➢ The property is surrounded by PD zoned properties consisting of office, retail and residential uses. Comprehensive Guide Plan Amendment: ➢ The proposed land use amendment would change the designation of the subject site to Special Area /Mixed Use, allowing for a residential and commercial development. On February 25, 2014, the Advisory Planning Commission (APC) held a Public Hearing to consider the proposed Comprehensive Guide Plan Amendment and did recommend approval on a vote of 5 -1. ➢ On March 4, 2014, the City Council directed the Comprehensive Guide Plan Amendment to be sent to the Metropolitan Council for review. ➢ The Metropolitan Council approved the proposed Comp Plan Amendment on June 11, 2014, allowing the City to implement the land use amendment. Preliminary Planned Development: ➢ The plan proposes four retail commercial buildings and two apartment buildings. ➢ The total retail building area is approximately 28,000 s.f. This includes at least one fast casual restaurant and a bank with drive - through. ➢ The proposal also includes three drive- throughs as well as on -sale and off -sale liquor for the commercial lots. ➢ The development plan includes renovation of the existing 10 story office building into a 112 unit apartment building and a second 90 unit apartment building on its own lot. ➢ The APC held a public hearing on the proposed Preliminary Planned Development on March 25, 2014 and did recommend approval. Preliminary Subdivision: ➢ The applicant is proposing to create six lots upon the subject site. The proposed plat (CityVue Commons) shows 40 feet of right -of -way dedication for Yankee Doodle Road. ➢ The proposed plat has been reviewed by the Dakota County Plat Commission, which responded on March 17, 2014, with some stipulations including the need for a traffic study. The review letter is attached for reference. ➢ The APC held a public hearing on the proposal at the March 25, 2014 meeting, and did recommend approval. Issues: ➢ The developer proposes a reduction in parking. Specifically, the proposed 518 stalls is a reduction from the 639 required, resulting in a deviation of 121 parking stalls. This has drawn a concern from the Eagan Fire Department (EFD) as multifamily parking requires two stalls per unit. The EFD has explained that even with curb painting and signage, people will park where they are able if stalls are unavailable. The developer has offered to delay development of the 90 unit apartment building on Lot 3 to allow verification of actual parking demand generated. A condition of approval was added to address this scenario. ➢ The developer proposes a number of other deviations from City Code through the Planned Development zoning, including reduced building, sign and parking setbacks, and reduced parking stall dimensions. 60 -Day Agency Action Deadline: Waived ATTACHMENTS: (8) OBA -1 Location Map OBA -2 February 25, 2014 APC Minutes (Comp Plan) OBA -3 March 4, 2014 City Council Minutes (Comp Plan) OBA -4 March 25, 2014 APC Minutes (Preliminary Subdivision and Preliminary PD) OBA -5 Met Council letter of approval re: Comprehensive Guide Plan Amendment OBA -6 Staff report OBA -7 Exhibits OBA -8 March 17, 2014, Dakota County Plat Commission letter ip njnOD NVYIUD14S �7T -(OVONAIONN-1011d) (E:ON;H;V;e!--3, CD ,w co dVVY NOIIVOOI z U- 6 C> C4 as q �2 0 0 (1) 06 0 C) 04 0 0 V Uc > (D & 0 U 0 9 E ED (L 0 0 E tea P U) z E 6 m4i U) Z c % CD r cq o E —r, Ix < ip njnOD NVYIUD14S �7T -(OVONAIONN-1011d) (E:ON;H;V;e!--3, CD ,w co dVVY NOIIVOOI z U- 6 C> C4 �2 06 0 C) CD Uc < a- ED (L 0 tea P U) m4i ip njnOD NVYIUD14S �7T -(OVONAIONN-1011d) (E:ON;H;V;e!--3, CD ,w co dVVY NOIIVOOI Advisory Planning Commission February 25, 2014 Page 6of7 C. City Vue Commons Applicant Name: Lonnie Provencher, Interstate Partners Location: 1200 & 1211 Yankee Doodle Road, Town Centre Dr; Lot 1, Block 1, Town Centre 100 19t Addition, Lot 2, Block 1, Eagan Place 4th Addition & Outlet A, Town Centre 100 12th Application: Comprehensive Guide Plan Amendment A Comprehensive guide Plan Amendment of 9.8 acres from O /S, Office Service to MU, Mixed Use. File Number: 15-CG- 0101 -14 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated February 18, 2014. She noted the background and history. Vice Chair Filipi opened the public hearing. There being no public comment, Vice Chair Filipi closed the public hearing and turned the discussion back to the Commission. Member Supina questioned the likelihood of a traffic signal and stated support for the application because it fits the Central Commons Special Area flan better than the original development. Assistant City Engineer Nelson provided a history of the Yankee Doodle Road Corridor traffic study and stated that the City and County are open to the signal construction, A traffic signal is included in the Eagan CIF' (Capital Improvement Plan) for 2018. Vice Chair Filipi suggested consideration of a a by -pass lane to the drive - through area of the unidentified bank on the northeast corner, Lot 5. Secretary Piper stated he is not in favor of the request as he believes mixed use should include a potential for office development. He would like to see office uses and additional information on office potential for the property, if this building can be reused and if there is a market for office on the property. He requested clarification on how the Concept Plan fits the goals and policies of the Central Commons Special Area and if this level of additional retail is supportable within this area of the city. Member Supina moved, Member Vanderpoel seconded a motion to recommend approval of a Comprehensive Guide Plan Amendment to change the land use designation from Special Area /Office Service to Special Area /Mixed Use upon approximately 10 acres generally located south of Yankee Doodle Road, north of Town Centre Drive and west of Lexington Avenue. A vote was taken. Aye: Vice Chair Filipi, Members Vanderpoel, Supina, Prashad, and Sagstetter Nay: Secretary Piper Motion carried 5-1. City Council Meeting Minutes March 4, 2014 8 page COMPREHENSIVE GUIDE PLAN AMENDMENT— INTERSTATE PARTNERS City Administrator Osberg introduced the item noting the action before the Council is to authorize submittal of the comprehensive guide plan amendment to the Metropolitan Council. The 10 acre site is zoned planned development. The northern portion of the property was platted in 1985 and developed with a 10 -story office building, which is currently vacant, and associated parking. The southern portion was replatted in 2008 and is undeveloped. Osberg noted the property is located within the Central Commons Special Area. City Planner Ridley gave a staff report. The applicant, Greg Miller was available for questions. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. The Council discussed the amendment and its consistency with the goals of the Central Commons Special Area Plan. Councilmember Bakken noted his concerns relative to the Yankee Doodle Road Corridor Study and access in the area when the Yankee Doodle Road median is extended at O'Leary Lane. Councilmember Hansen moved, Councilmember Bakken seconded a motion to direct staff to submit a Comprehensive Guide Plan Amendment to the Metropolitan Council to change the land use designation from Special Area /Office Service to Special Area /Mixed Use upon approximately 10 acres generally located south of Yankee Doodle Road, north of Town Centre Drive and west of Lexington Avenue. Aye: 5 Nay :0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative /intergovernmental affairs update to be heard. ADMINISTRATIVE AGENDA CITY COUNCIL Mayor Maguire noted tonight's City Council meeting is the last meeting for paper packets with the City moving forward to electronic packets. Councilmember Hansen noted how nice the Firefighter Banquet was and looks forward to it every year. There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 7:35 p.m. Aye: 5 Nay: 0 Advisory Planning Commission March 25, 2014 Page 12 of 28 E. CityVue Commons Applicant Name: Lonnie Provencher, Interstate Partners Location: 1200 & 1211 Yankee Doodle Road, Town Center Dr; Lot 1, Block 1, Town Centre 100 1 st Addition, Lot 2, Block 1, Eagan Place 4th Addition; Outlot A, Town Centre 100 12th Application: Preliminary Planned Development A Preliminary Planned Development to allow a mixed use development. File Number: 15- PD- 01 -01 -14 Application: Preliminary Subdivision A Preliminary Subdivision of approximately 10 acres to create 6 lots. File Number: 15- PS- 01 -01 -14 Member Dugan stated he will abstain from voting on the item. Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated March 20, 2014. She noted the background and history. Secretary Piper asked for clarification regarding the parking setback, shared parking and the concerns of the Eagan Fire Department stated in the staff report. Mike Scott, Eagan Fire Chief, stated support for the project. He stated the Fire Department is concerned for the large deviation of parking stalls. He explained that if there is not enough parking people tend to park where they shouldn't which makes it hard for emergency vehicles to respond. He further explained that illegal parking issues, particularly on private property, are understandably low priority on the public safety enforcement spectrum. LonnieProvencher, Interstate Partners, discussed the project stating there will be 112 total units, 95 one bedroom units and 17 two bedroom units in the ten story building. Other developments in the metro area were discussed in relation to the proposed project and parking requirements and needs. There was discussion on parking and comparisons between the proposed development and similar developments in Minneapolis. It was stated that based upon recent trends the majority of one bedroom units will be occupied by one person, usually with only one vehicle. There was discussion on adjusting the placement of the road to allow for more parking on Lot 2. The applicant's engineer, John Bender, MFRA, explained that there may be flexibility to shift the road slightly to the east. Mr. Provencher suggested a possible option whereby the applicant would agree to delay development of Lot 3 for a period of 12 months beginning with lease out of the ten story building to monitor the actual parking demand generated. Parking could be expanded on Lot 3 if the assumed need for parking is inadequate. Mr. Provencher stated that they have been very deliberate in estimating the correct parking needs. Member Vanderpoel stated her support of the applicant's proposal to reevaluate the parking needs after the 12 month period of time and if needed, expand the parking to Lot 3. She asked Advisory Planning Commission March 25, 2014 Page 13 of 28 that the applicant meet with the Fire Department at the end of the 12 months to make sure concerns are addressed. Secretary Piper asked the applicant to speak more about potential medical office uses on the site, whether the same type of expenditure to convert the office use could revitalize the space as office and the possibility of senior housing on Lot 3. Mr. Provencher stated medical office users prefer to be in retail areas, preferable in single story buildings. He went on to say that medical users have expressed interest in the site. He also explained that regular office users in this submarket prefer to be near the 1 -494 corridor with good access to the interstate and airport. He went on to explain that millions of square feet of existing and potential office space exist in the southeast submarket. Mr. Provencher also shared that their housing consultant has indicated that there is little demand for senior housing. Chair Heaney opened the public hearing. There being no public comment, Chair Heaney closed the public hearing and turned the discussion back to the Commission. Secretary Piper asked staff to comment on whether the City has too much senior housing as he understood such a need still existed. City Planner Ridley explained that the demand for specialized housing is somewhat fluid depending on what is brought to market and when. He suggested that the recent approval and 2014 development of the Southview Senior Living facility likely has impacted the current snapshot of "the need" for senior housing. Vice Chair Filipi moved, Secretary Piper seconded a motion to recommend approval of a a Preliminary Subdivision to create six lots upon 10 acres located at 1200 Yankee Doodle Road and 1211 Town Centre Drive, subject to the following conditions as amended: 1. The applicant shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1, B2, B3, C1, C2, C4, E1 and F1 2. The property shall be platted. 3. Cross - easements for ingress /egress and shared parking with Lots 2, 4 and 5 shall be executed in a form acceptable to the City Attorney. 4. All building address numbers shall be determined by the City at the time of Final Subdivision. Building identification numbers shall be installed consistent with the City Code Section 2.78. 5. This Planned Development allows for a total building area of up to 28,150 SF of retail commercial, restaurant and service uses. 6. Uses that are considered conditional uses in CSC zoning districts shall be subject to a Planned Development Amendment and allowed only if such Amendment is approved by the City. 7. On -sale and off -sale liquor shall be allowed for Lots 1, 4, 5 and 6. All on /off -sale liquor shall be subject to a separate license and compliance with City Code liquor licensing requirements. 8. For each outdoor dining area, a detailed patio seating plan shall be provided at the time of Final Planned Development. Advisory Planning Commission March 25, 2014 Page 14 of 28 9. Outdoor patio dining shall meet City Code requirements of Sec. 11.70, Subd. 29, including, but not limited to: a. Outdoor dining areas shall be set back a minimum of 20' from public rights -of -way and from internal private streets. b. Outdoor dining areas shall not interfere with any pedestrian traffic or walkways intended for the general public. c. The outdoor dining area shall be enclosed by a fence if seating is provided for more than 24 or if alcoholic beverages are served within the outdoor dining area. 10. Parking in the amount of 1 stall for each 12 outdoor seats is required for outdoor dining areas of more than 24 seats. 11. All sewer availability charges imposed as a result of additional seating in the outdoor dining area shall be paid prior to the operation of any business within the outdoor dining area. 12. Detailed building elevations shall be provided at the time of Final Planned Development for each lot and building. All buildings in the development shall utilize the same architectural finish materials and features, and all building elevations throughout the development shall be consistent and must be approved at the time of Final Planned Development. 13. The Final Building Elevations provided at the time of Final Planned Development for each building shall include four sided architecture and meet material finish requirements. 14. The Final Building Elevations provided at the time of Final Planned Development for Lot 1 shall be revised to meet material requirements on the south elevation. 15. The Final Building Elevations provided at the time of Final Planned Development for each building shall be revised if necessary to ensure visual relief with sections or variations in planes and materials every 40 feet as per City Code standards. 16. Mechanical equipment shall be screened per City Code requirements a 30" minimum parapet height. The elevation plans shall also indicate that equipment is placed 20' from the edge of buildings as required by City Code, and depicted on final drawings for Building Permit. 17. All trash storage areas shall be attached to the principal buildings or within the principal building. The trash storage area shall be of a size that can accommodate both trash and recyclable materials storage, and constructed in accordance with City Code design requirements. 18. Height requirements for all new buildings shall meet City Code requirements. 19. Parking stalls shall be no smaller than 9' x 18'. 20. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 21. "Fire Lane /No Parking" signage shall be installed along the curb line within the development as noted on Emergency Access Plan 1-1.2 in all shaded areas to ensure they be kept open for emergency vehicle access. 22. The applicant shall submit a revised Site Plan that identifies all public drainage and utility easements. 23. The applicant shall submit a proposal /infrastructure plan to be approved by staff to provide telecommunications fiber to the apartment buildings (FTTH) or conduit to the site to permit third party providers to install FTTH within the development. 24. The applicant shall provide required recreational space for the apartment buildings, per City Code requirements utilizing the roof deck, trails along the streets and ponding area to the west for the 10 -story apartment building. The applicant shall revise the total figure with the Final Planned Development submittal. 25. The applicant shall provide required storage space for the apartment buildings, per City Code requirements. Advisory Planning Commission March 25, 2014 Page 15 of 28 Signage 26. All retail /commercial building signage shall be consistent in design. 27. All apartment complex signage shall be of backlit (halo) design. 28. Building signs within this development shall be limited to the City Code standard of 20% of the tenant fagade area. 29. Menu board signs shall not exceed 7 feet in height. 30. The exterior elevations for the inline retail buildings shall equally allot the sign bands, provide adequate spacing between the sign bands and allow up to two total signs for the end units and one for each interior tenant, as required by City Code. 31. The pylon sign shall not exceed 27 feet in height and shall comply with all other City Sign Code requirements. 32. The monument signs shall incorporate the overall name of the Center. The monument signs shall not exceed 7 feet in height and shall comply with all other City Sign Code requirements. 33. The monument sign adjacent to Town Centre Drive shall meet the 10' setback requirement. 34. Sign permits shall be obtained prior to installation for the building, monument and pylon signs. 35. All canopies shall be of metal construction and awnings shall be constructed of Sunbrella, Arlon or Canvas material and shall exclude tenant identification. 36. To establish and document sign placement, size and design parameters for the development, a Master Sign Agreement shall be provided, in a form acceptable to the City Attorney, to be executed and recorded against the property with the Preliminary Planned Development Agreement. Landscaping 37. A Final Landscape Plan is required for each lot at the time of Final Planned Development. 38. The Landscape Plan shall separate the shade and ornamental trees located within the plant schedule and quantities shall be verified. 39. The Landscape Plan key shall be revised to verify plantings meet minimum size requirements per City Code. 40. The Landscape Plan shall be revised to enhance foundation plantings, specifically on Lots 5 and 6 near the drive throughs. 41. Overstory trees shall be placed so as not to conflict with pole lighting or utilities such as hydrants. 42. Overstory trees shall be planted within parking islands wherever possible to maximize shade coverage of pavement areas. Lighting 43. A Final Lighting Plan is required for each lot at the time of Final Planned Development. 44. All lighting utilized shall be shielded so the source of light is not visible from off the property and to prevent glare. 45. All parking lot lighting shall provide a minimum of 0.5 footcandles throughout, with an average to minimum ratio of not more than 4. Engineering Considerations 46. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment Advisory Planning Commission March 25, 2014 Page 16 of 28 of vegetation for the development, shall have received Erosion /Sediment Control Inspector /Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 47. The applicant shall obtain temporary construction easements for all off -site work. 48. All retaining walls shall be located outside of drainage and utility easements. 49. The drainage and utility easements shall be removed over the stormwater pond, infiltration basin, and storm sewer pipes on the east side of Lots 2 and 3, and south side of Lot 4. 50. Private utility easements and /or maintenance agreements for the private utilities shall be provided in a form acceptable to the City Attorney. 51. The applicant shall provide a private maintenance agreement for the private street, in a form acceptable to the City Attorney, at time of final subdivision approval. 52. The alignment of the private street with Promenade Avenue to the north shall be approved by both the City Engineer and County Engineer. 53. A traffic study and Intersection Control Evaluation shall be prepared at the Yankee Doodle Road intersection in a manner acceptable to both the City Engineer and County Engineer. 54. The applicant shall dedicate right -of -way along Yankee Doodle Road (County 28), in accordance with Dakota County standards, and easements for future traffic signal loops and equipment and over any public utilities installed in the development. 55. The applicant shall obtain all necessary permits from Dakota County for any work within the Yankee Doodle Road right -of -way. 56. This development shall dedicate public drainage & utility easement over all public utilities at a minimum width of 20 feet. 57. The applicant shall dedicate a public easement of sufficient size for the placement of future traffic signal loop detectors and equipment. 58. Cross - easements for ingress /egress and shared parking shall be executed in a form acceptable to the City Attorney. 59. Before receiving a grading permit or final subdivision approval, the applicant shall enter into a long -term stormwater management system maintenance agreement with the City, detailing the maintenance required to maintain proper operation and performance of the permanent stormwater management system, in a form acceptable to the City Attorney. 60. Before issuing a Certificate of Occupancy, the applicant shall provide the City as -built plans that demonstrate that all constructed stormwater conveyance structures and management facilities (ponding, infiltration basin, etc.) conform to design and /or construction plans, as approved by the City. As -built volumes of retention & detention shall be provided for all stormwater facilities (pond, infiltration basin, etc.). 61. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 62. "No Parking /Fire lane" shall be installed along the private street within the development to ensure they be kept open for emergency vehicle access. Stormwater Management/Water Quality 63. The applicant shall fully meet Eagan's Post Construction Requirements (City Code §4.33) for stormwater management and surface water quality (i.e. pollutant, rate, and volume control). 64. Prior to receiving a grading permit or final subdivision approval, the applicant shall provide the City with soil- boring logs (minimum of 2 taken within the location of each proposed filtration or infiltration feature), extending 15' below the bottom of the proposed excavation / over - excavation elevation, to evaluate suitability for infiltration. If the soil boring logs indicates incompatibility of existing sub -soil permeability with the submitted and reviewed design plans for meeting volume control requirements, the applicant shall revise the design and /or construction plans to ensure volume control requirements are fully met. Advisory Planning Commission March 25, 2014 Page 17 of 28 65. The applicant shall provide construction details of proposed infiltration basin for City review (cross- section, construction / protection / sequencing notes, sizing /volume tables, inlet, outlet/under -drain details, planting details, etc.), to ensure infiltration basin is properly designed and constructed, and adequately protected during / after construction, to function as intended. These details shall be included in applicable plan sheet(s). The infiltration basin shall be off -line when at design volume, and with a maximum temporary ponding depth of 1.5'. If an under -drain is used, an easily accessible gate -valve must be installed to be able to regulate under -drain outflow. The infiltration basin shall planted, with live plants (pots or plugs), rather than relying on seed alone. 66. The applicant shall provide construction details of proposed stormwater pond for City review (cross- section, construction / protection / sequencing notes, sizing /volume tables, outlet /under -drain details, buffer planting details, etc.), to ensure the stormwater pond is properly designed and constructed according to the MPCA Stormwater Manual, and adequately protected during / after construction, to function as intended. These details shall be included in applicable plan sheet(s). 67. During infiltration basin over - excavation and sub -soil work, the applicant shall ensure that a Certified Soil Scientist is present to verify that infiltration basin sub -soils are suitable for infiltration, within 48 hours, at the planned saturated soil infiltration rate and basin depth. 68. The applicant shall provide adequately sized pre- treatment (fore bays, catch basin 4' sumps, etc.) at, or immediately upstream of, all water quality / stormwater pond inlets to provide for effectively capture and easily - accessible cleanout of fine -sand sized particles. These details shall be included in applicable plan sheet(s). 69. The applicant shall provide a minimum of 15- foot -wide unobstructed equipment access path (without obstructions from grading, private utilities, trees, large shrubs, etc.), from street -edge to all stormwater facilities' inlets /outlets. The unobstructed equipment access path shall be capable of supporting typical maintenance / excavation equipment, for periodic maintenance access to the pond and infiltration basin. Tree Preservation 70. The applicant shall fulfill tree mitigation requirements through the installation of sixty -eight (68) Category B equivalent trees. 71. The applicant shall work with City Forestry staff as grading and tree removal occurs. City Forestry staff will make final decisions concerning tree survivability and adjust tree mitigation requirements accordingly. 72. The applicant shall protect the preserved individual tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees /woodlands to be preserved on -site. 73. The applicant shall contact the City Forestry Division and set up a pre- construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. Parks and Recreation 74. The development of Lot 3 (90 unit apartment complex) shall be responsible for a cash park dedication. No dedication is required for the remaining lots as park dedication was previously satisfied with original development. Lot 3 is responsible for the cash dedication, payable at the time of building permit at the rates then in effect. 75. Required trail dedication shall be fulfilled through the construction of walks and trails with public recreational and transportation benefits, as identified on the Site Plan. The Advisory Planning Commission March 25, 2014 Page 18 of 28 construction of these walks and trails satisfies the trail dedication requirements and no additional cash payment shall be required. 76. Development of Lot 3 shall be delayed at least 15 months following the opening of the apartments on Lot 2. No development shall be permitted on Lot 3 until staff is satisfied that there is sufficient parking for Lot 2. If parking is deficient, additional parking shall be constructed and cross easements (in a form acceptable to the City Attorney) shall be prepared for cross parking. Development of Lot 3 shall be limited to accommodate parking for development of this lot. All voted in favor. Motion carried 6 -0. Member Dugan abstained from voting on this item. Secretary Piper moved, Member Vanderpoel seconded a motion to recommend approval of a Preliminary Planned Development for a mixed use development upon approximately 10 acres located at 1200 Yankee Doodle Road and 1211 Town Centre Drive, subject to the following conditions as amended: 1. A Preliminary Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. The Preliminary PD Agreement shall contain the following plans. The following plans shall be revised and submitted as Master Development Plans prior to Final Subdivision and Final Planned Development approval. • Preliminary Site Plan • Preliminary Building Elevation Plans • Preliminary Landscape Plan • Preliminary Signage Plan • Preliminary Site Lighting Plan 2. A Final Planned Development Agreement shall be required for each lot as it develops. The following plans are required for the Final Planned Development Agreement and shall be consistent with the approved master plans for the Preliminary Planned Development. • Final Site Plan • Final Building Elevations • Final Landscape Plan • Final Signage Plan • Final Lighting Plan 3. The property shall be platted. 4. The Planned Development shall have a 5 -year term. 5. Cross - easements for ingress /egress and shared parking with Lots 2, 4 and 5 shall be executed in a form acceptable to the City Attorney. 6. All building address numbers shall be determined by the City at the time of Final Subdivision. Building identification numbers shall be installed consistent with the City Code Section 2.78. 7. This Planned Development allows for a total building area of up to 28,150 SF of retail commercial, restaurant and service uses. 8. Uses that are considered conditional uses in CSC zoning districts shall be subject to a Planned Development Amendment and allowed only if such Amendment is approved by the City. 9. On -sale and off -sale liquor shall be allowed for Lots 1, 4, 5 and 6. All on /off -sale liquor shall be subject to a separate license and compliance with City Code liquor licensing requirements. Advisory Planning Commission March 25, 2014 Page 19 of 28 10. For each outdoor dining area, a detailed patio seating plan shall be provided at the time of Final Planned Development. 11. Outdoor patio dining shall meet City Code requirements of Sec. 11.70, Subd. 29, including, but not limited to: a) Outdoor dining areas shall be set back a minimum of 20' from public rights -of- way and from internal private streets. b) Outdoor dining areas shall not interfere with any pedestrian traffic or walkways intended for the general public. c) The outdoor dining area shall be enclosed by a fence if seating is provided for more than 24 or if alcoholic beverages are served within the outdoor dining area. 12. Parking in the amount of 1 stall for each 12 outdoor seats is required for outdoor dining areas of more than 24 seats. 13. All sewer availability charges imposed as a result of additional seating in the outdoor dining area shall be paid prior to the operation of any business within the outdoor dining area. 14. Detailed building elevations shall be provided at the time of Final Planned Development for each lot and building. All buildings in the development shall utilize the same architectural finish materials and features, and all building elevations throughout the development shall be consistent and must be approved at the time of Final Planned Development. 15. The Final Building Elevations provided at the time of Final Planned Development for each building shall include four sided architecture and meet material finish requirements. 16. The Final Building Elevations provided at the time of Final Planned Development for Lot 1 shall be revised to meet material requirements on the south elevation. 17. The Final Building Elevations provided at the time of Final Planned Development for each building shall be revised if necessary to ensure visual relief with sections or variations in planes and materials every 40 feet as per City Code standards. 18. Mechanical equipment shall be screened per City Code requirements a 30" minimum parapet height. The elevation plans shall also indicate that equipment is placed 20' from the edge of buildings as required by City Code, and depicted on final drawings for Building Permit. 19. All trash storage areas shall be attached to the principal buildings or within the principal building. The trash storage area shall be of a size that can accommodate both trash and recyclable materials storage, and constructed in accordance with City Code design requirements. 20. Height requirements for all new buildings shall meet City Code requirements. 21. Parking stalls shall be no smaller than 9'x 18'. 22. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 23. "Fire Lane /No Parking" signage shall be installed along the curb line within the development as noted on Emergency Access Plan L1.2 in all shaded areas to ensure they be kept open for emergency vehicle access. 24. The applicant shall submit a revised Site Plan that identifies all public drainage and utility easements. 25. The applicant shall submit a proposal /infrastructure plan to be approved by staff to provide telecommunications fiber to the apartment buildings (FTTH) or conduit to the site to permit third party providers to install FTTH within the development. 26. The applicant shall provide required recreational space for the apartment buildings, per City Code requirements utilizing the roof deck, trails along the streets and ponding area to the west for the 10 -story apartment building. The applicant shall revise the total figure with the Final Planned Development submittal. Advisory Planning Commission March 25, 2014 Page 20 of 28 27. The applicant shall provide required storage space for the apartment buildings, per City Code requirements. Siqnage 28. All retail /commercial building signage shall be consistent in design. 29. All apartment complex signage shall be of backlit (halo) design. 30. Building signs within this development shall be limited to the City Code standard of 20% of the tenant fagade area. 31. Menu board signs shall not exceed 7 feet in height. 32. The exterior elevations for the inline retail buildings shall equally allot the sign bands, provide adequate spacing between the sign bands and allow up to two total signs for the end units and one for each interior tenant, as required by City Code. 33. The pylon sign shall not exceed 27 feet in height and shall comply with all other City Sign Code requirements. 34. The monument signs shall incorporate the overall name of the Center. The monument signs shall not exceed 7 feet in height and shall comply with all other City Sign Code requirements. 35. The monument sign adjacent to Town Centre Drive shall meet the 10' setback requirement. 36. Sign permits shall be obtained prior to installation for the building, monument and pylon signs. 37. All canopies shall be of metal construction and awnings shall be constructed of Sunbrella, Arlon or Canvas material and shall exclude tenant identification. 38. To establish and document sign placement, size and design parameters for the development, a Master Sign Agreement shall be provided, in a form acceptable to the City Attorney, to be executed and recorded against the property with the Preliminary Planned Development Agreement. Landscaping 39. A Final Landscape Plan is required for each lot at the time of Final Planned Development. 40. The Landscape Plan shall separate the shade and ornamental trees located within the plant schedule and quantities shall be verified. 41. The Landscape Plan key shall be revised to verify plantings meet minimum size requirements per City Code. 42. The Landscape Plan shall be revised to enhance foundation plantings, specifically on Lots 5 and 6 near the drive throughs. 43. Overstory trees shall be placed so as not to conflict with pole lighting or utilities such as hydrants. 44. Overstory trees shall be planted within parking islands wherever possible to maximize shade coverage of pavement areas. Lighting 45. A Final Lighting Plan is required for each lot at the time of Final Planned Development. 46. All lighting utilized shall be shielded so the source of light is not visible from off the property and to prevent glare. 47. All parking lot lighting shall provide a minimum of 0.5 footcandles throughout, with an average to minimum ratio of not more than 4. Engineering Considerations 48. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Advisory Planning Commission March 25, 2014 Page 21 of 28 Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible fdr the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion /Sediment Control Inspector /Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 49. The applicant shall obtain temporary construction easements for all off -site work. 50. All retaining walls shall be located outside of drainage and utility easements. 51. The drainage and utility easements shall be removed over the stormwater pond, infiltration basin, and storm sewer pipes on the east side of Lots 2 and 3, and south side of Lot 4. 52. Private utility easements and /or maintenance agreements for the private utilities shall be provided in a form acceptable to the City Attorney. 53. The applicant shall provide a private maintenance agreement for the private street, in a form acceptable to the City Attorney, at time of final subdivision approval. 54. The alignment of the private street with Promenade Avenue to the north shall be approved by both the City Engineer and County Engineer. 55. A traffic study and Intersection Control Evaluation shall be prepared at the Yankee Doodle Road intersection in a manner acceptable to both the City Engineer and County Engineer. 56. The applicant shall dedicate right -of -way along Yankee Doodle Road (County 28), in accordance with Dakota County standards, and easements for future traffic signal loops and equipment and over any public utilities installed in the development. 57. The applicant shall obtain all necessary permits from Dakota County for any work within the Yankee Doodle Road right -of -way. 58. This development shall dedicate public drainage & utility easement over all public utilities at a minimum width of 20 feet. 59. The applicant shall dedicate a public easement of sufficient size for the placement of future traffic signal loop detectors and equipment. 60. Cross- easements for ingress /egress and shared parking shall be executed in a form acceptable to the City Attorney. 61. Before receiving a grading permit or final subdivision approval, the applicant shall enter into a long -term stormwater management system maintenance agreement with the City, detailing the maintenance required to maintain proper operation and performance of the permanent stormwater management system, in a form acceptable to the City Attorney. 62. Before issuing a Certificate of Occupancy, the applicant shall provide the City as -built plans that demonstrate that all constructed stormwater conveyance structures and management facilities (ponding, infiltration basin, etc.) conform to design and /or construction plans, as approved by the City. As -built volumes of retention & detention shall be provided for all stormwater facilities (pond, infiltration basin, etc.). 63. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 64. "No Parking /Fire lane" shall be installed along the private street within the development to ensure they be kept open for emergency vehicle access. Stormwater Management/Water Quality 65. The applicant shall fully meet Eagan's Post Construction Requirements (City Code §4.33) for stormwater management and surface water quality (i.e. pollutant, rate, and volume control). 66. Prior to receiving a grading permit or final subdivision approval, the applicant shall provide the City with soil- boring logs (minimum of 2 taken within the location of each proposed filtration or infiltration feature), extending 15' below the bottom of the proposed excavation / over - excavation elevation, to evaluate suitability for infiltration. If the soil boring logs Advisory Planning Commission March 25, 2014 Page 22 of 28 indicates incompatibility of existing sub -soil permeability with the submitted and reviewed design plans for meeting volume control requirements, the applicant shall revise the design and /or construction plans to ensure volume control requirements are fully met. 67. The applicant shall provide construction details of proposed infiltration basin for City review (cross- section, construction / protection / sequencing notes, sizing /volume tables, inlet, outlet/under -drain details, planting details, etc.), to ensure infiltration basin is properly designed and constructed, and adequately protected during / after construction, to function as intended. These details shall be included in applicable plan sheet(s). The infiltration basin shall be off -line when at design volume, and with a maximum temporary ponding depth of 1.5'. If an under -drain is used, an easily accessible gate -valve must be installed to be able to regulate under -drain outflow. The infiltration basin shall planted, with live plants (pots or plugs), rather than relying on seed alone. 68. The applicant shall provide construction details of proposed stormwater pond for City review (cross- section, construction / protection / sequencing notes, sizing /volume tables, outlet /under -drain details, buffer planting details, etc.), to ensure the stormwater pond is properly designed and constructed according to the MPCA Stormwater Manual, and adequately protected during / after construction, to function as intended. These details shall be included in applicable plan sheet(s). 69. During infiltration basin over - excavation and sub -soil work, the applicant shall ensure that a Certified Soil Scientist is present to verify that infiltration basin sub -soils are suitable for infiltration, within 48 hours, at the planned saturated soil infiltration rate and basin depth. 70. The applicant shall provide adequately sized pre- treatment (forebays, catch basin 4' sumps, etc.) at, or immediately upstream of, all water quality / stormwater pond inlets to provide for effectively capture and easily- accessible cleanout of fine -sand sized particles. These details shall be included in applicable plan sheet(s). 71. The applicant shall provide a minimum of 15- foot -wide unobstructed equipment access path (without obstructions from grading, private utilities, trees, large shrubs, etc.), from street -edge to all stormwater facilities' inlets /outlets. The unobstructed equipment access path shall be capable of supporting typical maintenance / excavation equipment, for periodic maintenance access to the pond and infiltration basin. Tree Preservation 72. The applicant shall fulfill tree mitigation requirements through the installation of sixty -eight (68) Category B equivalent trees. 73. The applicant shall work with City Forestry staff as grading and tree removal occurs. City Forestry staff will make final decisions concerning tree survivability and adjust tree mitigation requirements accordingly. 74. The applicant shall protect the preserved individual tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees /woodlands to be preserved on -site. 75. The applicant shall contact the City Forestry Division and set up a pre- construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. Parks and Recreation 76. The development of Lot 3 (90 unit apartment complex) shall be responsible for a cash park dedication. No dedication is required for the remaining lots as park dedication was Advisory Planning Commission March 25, 2014 Page 23 of 28 previously satisfied with original development. Lot 3 is responsible for the cash dedication, payable at the time of building permit at the rates then in effect. 77. Required trail dedication shall be fulfilled through the construction of walks and trails with public recreational and transportation benefits, as identified on the Site Plan. The construction of these walks and trails satisfies the trail dedication requirements and no additional cash payment shall be required. 78. Development of Lot 3 shall be delayed at least 15 months following the opening of the apartments on Lot 2. No development shall be permitted on Lot 3 until staff is satisfied that there is sufficient parking for Lot 2. If parking is deficient, additional parking shall be constructed and cross easements (in a form acceptable to the City Attorney) shall be prepared for cross parking. Development of Lot 3 shall be limited to accommodate parking for development of this lot. All voted in favor. Motion carried 6 -0. Member Dugan abstained from voting on this item. V Metropolitan Council June 12, 2014 Sarah Thomas City of Eagan 3820 Pilot Knob Road Eagan, MN 55122 RE: City of Eagan, CityVuc Comprehensive Plan Amendment - Post Council Action Metropolitan Council Review File No. 20606 -14 Metropolitan Council District 15 Dear Sarah, At its meeting on June 11, 2014, the Metropolitan Council reviewed the City's Comprehensive Plan Amendment (CPA), based on the staff report. The amendment reguides 10 acres from Special Area /Office to Special Area /Mixed Use located south of Yankee Doodle Road, west of Lexington Avenue and north of Town Centre Drive. The purpose of the amendment is to redevelop a vacant office building into residential and also to develop commercial uses on the site. The Council found that the CPA conforms to the regional system plans for transportation, wastewater, and parks; is consistent with the 2030 Regional Development Framework and Council policies; and is compatible with the plans of adjacent jurisdictions. Therefore, the City may place the CPA into effect. A copy of the staff report to the Council is attached for your records. The Council will append the amendment, submission form and supplemental information to the City's plan in the Council's files. If you have any questions, please contact Patrick Boylan, Principal Reviewer at 651- 602 -1438. Sincerely, LisaBeth Bara' J s Manager er g Local Planning Assistance Attachment CC: Crystal Sheppeck, Minnesota Housing Tod Sherman, Development Reviews Coordinator, MnDOT Metro Steven Chavez, Metropolitan Council District 15 Patrick Boylan, Sector Representative Raya Esmaeili, Reviews Coordinator N: IConunDei,ILPA+ CommtuziliesU ,aganiLetters9Eagan 2014 CPA CityVite 20606 -14 Post Council Action.doav www.metrocouncil.org 390 Robert Street North o St. Paul, MN 55101 -1805 a (651) 602 -1000 o Fax (651) 602 -1550 e TTY (651) 291 -0904 An Equal Opportunity Employer PLANNING REPORT CITY OF EAGAN REPORT DATE: March 20, 2014 APPLICANT: Interstate Partners PROPERTY OWNER: Open Space LLC REQUEST: Preliminary Subdivision; Preliminary Planned Development CASE: 15- PS- 01- 01 -14; 15- PD- 01 -01 -14 HEARING DATE: March 25, 2014 APPLICATION DATE: Feb. 19, 2014 PREPARED BY: Sarah Thomas LOCATION: Lot 1, Block 1 Town Centre 100 1st Addition; Lot 2, Block 1, Eagan Place 4th Addition and Outlot A, Town Centre 100 12th Addition COMPREHENSIVE PLAN: SA/OS, Special Area/Office Service ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Preliminary Subdivision (CityVue Commons) to create six lots and a Preliminary Planned Development for a mixed use development upon approximately 10 acres located at 1200 Yankee Doodle Road and 1211 Town Centre Drive, AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State -of Minnesota, or the Metropolitan Council, C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. Planning Report — CityVue Commons March 25, 2014 Page 2 D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvements are not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements are not likely to cause health problems. G. That the design of the subdivision or the type of improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access), J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adj acent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan ". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." Planned Development; City Code Chapter 11.60, Subd, 18, A., states the intent of the Planned Development zoning district as follows; 1. Providing greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. 2. Recognizing the economic and cultural advantages that will accrue to the residents of a planned community, 3. Encouraging a more creative and efficient approach to the use of the land. Planning Report — CityVue Commons March 25, 2014 Page 3 4. Encouraging the preservation and enhancement of desirable site characteristics, natural features, and open space. 5. Encouraging a development pattern that is consistent with land use density, transportation facilities and community facilities objectives of the Comprehensive Plan. BACICGROUNDMISTORY The subject property is zoned Planned Development. The northern portion of the property was platted in 1985 and construction of a 10 -story office building occurred that same year. The southern portion of the property was replatted in 2008 and remains undeveloped. To the west, there is a medical office building and retail store. To the south across Town Centre Drive are Dakota County CDA owned senior apartments. Properties to the east contain a variety of retail businesses. To the north, across Yankee Doodle Road is the Promenade retail development and apartment buildings. The land use designation in the City's Comprehensive Guide Plan is SA/OS (Special Area/Office Service); however, the applicant has applied to amend the Comprehensive Guide Plan to SA/MU (Special Area/Mixed Use). The Advisory Planning Commission held a public hearing on February 25, 2014 and recommended approval of the Comprehensive Plan Amendment. The City Council directed city staff to submit the Comprehensive Plan Amendment to the Metropolitan Council on March 4, 2014. City staff is in the process of submitting the application to the Metropolitan Council; action by the Metropolitan Council is expected to take approximately 60 days from the date of submittal. Following Metropolitan Council review and action, the City Council could then approve the requested Comprehensive Plan Amendment. The proposed use would then be in accordance with the Comprehensive Guide Plan. EXISTING CONDITIONS The site is accessed from the north via Yankee Doodle Road and the south via Town Centre Drive, The 10 -stony office building was constructed in 1985 on the northern portion of the property. The building has been vacant for a few years. The majority of the site lies within the Shoreland Overlay District of O'Leary Lake. Plamiing Report — CityVue Commons March 25, 2014 Page 4 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Description of Proposal — The applicant has proposed a mixed use development consisting of six lots. The plan proposes four retail commercial buildings and two apartment buildings. The total retail building area is 28,150 s.£ This includes at least one 3,000 s.f. fast casual restaurant and a 5,000 s.f; bank with drive through. The proposal also includes on -sale and off-sale liquor for the commercial lots. The development plan includes renovation of the existing 10 story office building into a 112 unit apartment building and a second 90 unit apartment building on its own lot. Preliminary Subdivision — The Preliminary Subdivision proposes to create 6 lots so each building is on a separate parcel. This is consistent with City Code requirements. 40' of public right of way is being dedicated for Yankee Doodle Road to satisfy Dakota County right-of-way width requirements. The Preliminary Plat and proposed development plan were submitted for review by the Dakota County Plat Commission. The County comments are provided in an attached exhibit and further described under the Streets /Access /Transportation section of this report. Because the streets within the development are proposed to be private, Lots 2 and 4, do not have the required minimum frontage on a public street. The City Code does allow landlocked parcels within a commercial complex for the purpose of establishing separate taxable parcels, provided the landlocked parcels have access to a public street by all easement over another parcel within the same commercial complex, as is proposed to be the case here, Compatibility with Surrounding Area — Surrounding development to the west includes a medical office building and a retail store. To the south across Town Centre Drive are Dakota County CDA owned senior apartments. Properties to the east contain a variety of retail businesses. To the north, across Yankee Doodle Road is the Promenade retail development and apartment buildings, Existing Use Zoning Land Use Designation North Retail— PD, Planned RC, Retail Commercial /MD, Promenade /Residential Development Medium Density South Residential PD, Planned SA/OS, Special Area/Office Development Service East Retail PD, Planned SA/OS, Special Area /Office Development Service West Retail /Medical Office PD, Planned SA/OS, Special Area/office, Development Service EVALUATION OF REQUEST Description of Proposal — The applicant has proposed a mixed use development consisting of six lots. The plan proposes four retail commercial buildings and two apartment buildings. The total retail building area is 28,150 s.£ This includes at least one 3,000 s.f. fast casual restaurant and a 5,000 s.f; bank with drive through. The proposal also includes on -sale and off-sale liquor for the commercial lots. The development plan includes renovation of the existing 10 story office building into a 112 unit apartment building and a second 90 unit apartment building on its own lot. Preliminary Subdivision — The Preliminary Subdivision proposes to create 6 lots so each building is on a separate parcel. This is consistent with City Code requirements. 40' of public right of way is being dedicated for Yankee Doodle Road to satisfy Dakota County right-of-way width requirements. The Preliminary Plat and proposed development plan were submitted for review by the Dakota County Plat Commission. The County comments are provided in an attached exhibit and further described under the Streets /Access /Transportation section of this report. Because the streets within the development are proposed to be private, Lots 2 and 4, do not have the required minimum frontage on a public street. The City Code does allow landlocked parcels within a commercial complex for the purpose of establishing separate taxable parcels, provided the landlocked parcels have access to a public street by all easement over another parcel within the same commercial complex, as is proposed to be the case here, Compatibility with Surrounding Area — Surrounding development to the west includes a medical office building and a retail store. To the south across Town Centre Drive are Dakota County CDA owned senior apartments. Properties to the east contain a variety of retail businesses. To the north, across Yankee Doodle Road is the Promenade retail development and apartment buildings, Planning Report— CityVue Cormnons March 25, 2014 Paize 5 Conformance with Comprehensive Guide Plan —'This proposal should be evaluated on how well it achieves the goals and policies of the Comprehensive Guide Plan. On March 4, 2014, the City Council heard a request to amend the land use designation of the subject site from Special Area /Office Service to Special Area /Mixed Use. The City Council indicated openness to residential development in this location and directed city staff to submit the amendment to the Metropolitan Council. City staff is in the process of doing so. The City's 2030 Comprehensive Guide Plan focused on three planning trends of Sustainability, Active Living, and Connectivity. These themes are woven throughout multiple chapters of the City's Comprehensive Guide Plan. In addition, the Central Commons Special Area Plan includes specific goals and policies that define the area as "an active, mixed use and walkable destination." Specific policies of the Central Commons Special Area Plan include; ➢ to support dense, mixed -use development with a range of retail, office, services, medium/high- density residential, employment and public space uses. 9 to respect existing site conditions and nature features — design with natural systems in mind. ➢ to allow Planned Development to be used when incorporating housing and mixed -use into developments. ➢ to utilize a shared or district parking approach to minimize the amount of spaces and size of parking lots. Where possible, use structured or underground parking. Break up large parking areas with landscaped drive aisles, islands and sidewalks. Planned Development and Public Benefit — The Planned Development zoning affords flexibility to both the applicant and the City with objectives that the mutual flexibility benefits both parties. The applicant's narrative states they believe the proposal to be the highest and best use of the property and addresses a concern shared at the Advisory Planning Commission meeting on February 25, 2014 regarding the loss of available office space. As part of the package, the applicant is requesting some deviations to typical Code requirements such as for building, sign and parking setbacks, parking stall dimensions and reduction in the number of parking stalls. Term — Staff suggests a five -year term for this Planned Development, Conforming_ Plan The applicant did not provide a Conforming Plan as the property is already zoned PD and a Plarmed Development is required to develop residential uses within Shoreland zoning. Airport Noise Considerations — The City of Eagan considered airport noise as a factor in its Comprehensive Guide Plan and has subsequently adopted zoning standards to assist with noise mitigation that are consistent with Metropolitan Council requirements. New construction as defined within those regulations is subject to noise attenuation requirements to limit negative impacts of aircraft noise on residents and inhabitants of structures located within established noise zones. In addition, the City of Eagan has elected to establish a one -mile noise buffer zone as an extension to Zone 4 to provide additional noise protection for sensitive uses. Plamling Report — CityVue Commons March 25, 2014 Pane 6 The City's adopted Comprehensive Guide Plan currently designates the subject site as O /S, Office /Service, within this Special Area. If the City determines that residential uses are appropriate on this site, City Code and regional policy provide guidance in gauging whether such uses can be compatible, provisionally or conditionally acceptable, or inconsistent. The subject site is located within the one -mile buffer area of Noise Policy Zone 4. The adopted zoning standards consider both retail commercial uses and multiplex /apartment uses as Compatible within the Noise Buffer Zone and no further noise mitigation is required. Units /Density — To evaluate the applicant's proposal, density is first calculated by what is proposed (the number of units divided by the gross /net site areas), then compared against what is required or allowed in the comparable R -4 zoning district. Proposed — The applicant is proposing 202 units on a gross site area of 4.16 acres, resulting in a gross density of 49 units per acre (202 units /4.16 acres), To put this into perspective, the Eagan Pointe Senior Living (located off Diffley /Blackhawk Rds) development approved in 2013 had a density of 22.6 units per acre. The more recent Flats at Cedar Grove development has a density of 38.15 units per acre, with 190 units on 4.98 acres. The two examples of recent multi - family densities reflect new "ground up" development. Required — R -4 zoning requires a minimum site area of 2,750 sq. ft, of area per unit. The City Code allows a credit of 300 sq, ft. per unit for each unit served by underground garage stalls. With 202 units and 90 underground garage stalls, the required site area would be 12.13 acres (the equivalent of 17 units per acre; the same as the Eagan Pointe Sr. project). The site area is less than 12 acres and the proposed density exceeds 17 units per acre and thus, deviates from typical R -4 zoning standards. While the proposed density is greater than is typically seen in Eagan, staff suggests consideration of the reuse of the existing 10 -story building as well as the goals and policies within the Comprehensive Plan for the Central Area. It would appear that the development is consistent with the goal of achieving density and respecting existing site conditions. Shoreland — The property is located within the Shoreland Overlay District of O'Leary Lake; therefore, a more restrictive density requirement applies to the site. However, a portion of the stormwater runoff from the site moves away from O'Leary Lake ultimately ending up in LeMay Lake, O'Leary Lake is designated as a General Development Lake in the Shoreland Zoning provisions of the City Code. The City has adopted the State DNR's model shoreland ordinance. This section of the City Code requires density to be calculated in 200 foot wide tiers banding out from the OHWL of O'Leary Lake. To encourage lower densities in tiers nearest the lake and greater densities in the outer tiers, Shoreland Zoning allows a density Planning Report — CityWe Commons March 25, 2014 Paj4e 7 increase within each tier provided certain perfonnance standards are satisfied, which is the case for this proposal. The residential density permitted on this site by the Shoreland Zoning within 1,000 feet of the OHWL is 70 units as identified in the table below. The proposed density is 202 units which is more than what is allowed. The DNR was routed a copy of the submittal and provided little direction in the way of evaluation, stating that "the proposal is reasonable." Shoreland Area (acres) Allowable units (area of tier /single family lot size) Density Increase (percent) Allowable units with density increase Actual # units Tier 1 NA NA NA NA N A Tier 2 0.14 .50 100 _NA -1-0 0 Tier 3 1.53 5.55 200 17 90 Tier 4 2.17 7.87 200 24 0 Tier 5 2.57 9.33 200 28 112 Total 6.41 acres 70 202 The Shoreland Zoning District also has a formula for commercial planned developments. The applicant provided floor area ratios (FAR's) for this calculation. This calculation method results in 98 allowable units, still less than that being proposed. Shoreland Area (acres) Allowable Units (Area of tier /single family lot size) Density Increase (percent) Allowable units with density increase Actual # units Tier 1 NA NA NA NA NA Tier 2 0.14 0.7 100 1.4 0 Tier 3 1.53 7.8 200 23.4 90 Tier 4 2.17 11.2 200 33.6 0 Tier 5 2.57 13.2 200 39.6 112 Total 6.41 acres 98 202 A portion of the development is beyond the 1,000 feet of the OHWL, thus is not located within the Shoreland Overlay District. This includes a portion of the retail development adjacent to Yankee Doodle Road. In summary, while the proposed units exceed what is allowed in both the Residential and Commercial Planned Development formulas, staff suggests the purpose of this code be taken into consideration. The purposes being open space provided for (O'Leary Park), viewsheds preserved (development nonriparian and separated by existing multi- family development/ public roadway), density increases in the furthest tiers and limited impervious. As described in the Building Coverage and Impervious Surface section of the retort the total amount of Planning Report — CityVue Commons Match 25, 2014 Page 8 additional impervious surface added equates to 13 % which is less than the maximum 25% allowed. Lastly, the City has approved and implemented a community -wide stormwater management plan has required the necessary water quality mitigation features to meet non - degradation standards for phosphorus for the nearest downstream recreational waterbody. Site Plan — Four retail /commercial buildings including two fast casual restaurants and a bank along with two apartments are proposed on six lots. A north/south private street bisects the site, Parking is designed to be shared amongst the 10 -story apartment building and commercial uses to the east. The applicant should submit a revised Site Plan that identifies all public drainage and utility easements. Lots — The Preliminary Subdivision proposes to create 6 lots. The lot sizes are listed below; Lot 1 = 1.25 acres Lot 2 = 2.74 acres Lot 3 = 2.16 acres Lot 4 = 1.46 acres Lot 5 = 0.85 acres Lot 6 = 0.78 acres Lot 1 is designed as a 10,000 s.f, inline retail building with a fast casual restaurant. Patio dining and a drive through are proposed. Lot 2 is designed as a renovation of the existing 10 -story office building into 112 apartment units. Lot 3 is also designed as an apartment building with 90 units. Lots 4, 5 and 6 are retail in nature, varying from fast casual and bank to general retail. The total amount of retail proposed on site is 28,150 s.£ Uses — Specific users have not been identified with this Preliminary Development plan. With no specific users identified, the Plamied Development will provide for uses that are considered permitted in CSC zoning districts. Future uses that are considered a conditional use in CSC zoning, unless specifically included in the Preliminary PD (e.g, on -sale liquor, off-sale liquor, drive - through service) will require a Planned Development Amendment. Restaurants — Fast casual restaurants are proposed both as a single- occupant in a free- standing building (Lot 5) and as a tenant in multi- tenant buildings (Lots 1 and 4). • On -Sale Liquor — The applicant has requested that full on -sale liquor or on -sale beer /wine be permitted on Lots 1, 4, 5 and 6, All on -sale liquor will be subject to separate licenses. • Off -Sale Liquor — The applicant has also requested that off-sale liquor be permitted on the commercial parcels, Lots 1, 4, 5 and 6. Planning Report— CityVue Conunons March 25, 2014 Page 9 Outdoor Patio /Deck dining -- Both the single - occupant free- standing building (Lot 5) and the multi - tenant building (Lot 1) are shown to have outdoor dining patios. City Code considers outdoor dining areas of more than 24 seats to be a conditional use. Specific performance standards are outlined in Section 11.70, Subd. 29, of the City Code for outdoor dining areas. All outdoor dining areas should be designed and operated consistent with these standards. For each outdoor dining area, a detailed patio seating plan should be provided at the time of Final Planned Development. Outdoor patio dining should meet City Code requirements of Sec. 11.70, Subd. 29, including: a) Outdoor dining areas shall be set back a minimum of 20' from public rights -of -way and from internal private streets. b) Outdoor dining areas shall not interfere with any pedestrian traffic or walkways intended for the general public. e) Outdoor dining areas shall be enclosed by a fence if seating is provided for more than 24, or if alcoholic beverages are served within the outdoor dining area. d) Parking in the amount of 1 stall for each 12 outdoor seats is required for outdoor dining areas of more than 24 seats. e) All sewer availability charges imposed as a result of additional seating in the outdoor dining area shall be paid prior to the operation of any business within the outdoor dining area. Restaurants with drive - through service — Drive through service restaurants are proposed on Lots 1 and 5. Any changes to restaurant uses for additional drive - through service will require an Amendment to the Preliminary Platmed Development. .Drive - through service — A 5,000 s.f. bank with drive- through service is proposed for Lot 6. The Site Plan provides three drive - through service lanes and an ATM /bypass lane with stacking for five vehicles in each. Bulk Standards — Bulk standards are typically calculated on an individual lot basis, most often with the front yard setback measured from the public right-of-way. The applicant is proposing two internal lots that do not to have public street frontage and a majority of the setbacks are not met. Planned Development zoning allows for such deviations, which is reflected in the analysis below. Building Setbacks -- Typical building setbacks in a commercial retail area would be: 0 50' from a major thoroughfare (Yankee Doodle) 0 30' from public right of way 0 10' from side lot lines 0 20' from rear lot lines Planning Report — CityVue Commons March 25, 2014 Pave 10 Typical building setbacks in a R -4 district would be: 0 50' from a major thoroughfare (Yankee Doodle) 0 50' from front yard 0 30' from side /rear lot lines The retail buildings proposed on Lots 1, 4, 5 and 6 meet building setback requirements as does the existing 10 -story structure on Lot 2, Lot 3 does not meet the front, side (west) or rear yard setback requirements. 0 22' proposed front yard 0 18' 9" proposed side (west) 0 24' proposed rear yard The proposed deviations to building setbacks are a policy matter for City officials. If found acceptable, the deviations can be accommodated through the Planned Development zoning. Shoreland — Shoreland Zoning establishes a 50 -foot minimum structure setback from the OHWL of O'Leary Lake. This requirement is met as the first tier or 200 feet from the OHWL, is outside of this proposed development. Parking and Pavement Setbacks — The required setback for parking and pavement is 20' from public rights -of -way and 5' from side /rear yards. The applicant proposes the parking setback to Yankee Doodle Road to vaiy between 4'10" and 6'. As described in the applicant's narrative, this setback assumes a 40' dedication of public right -of -way, "Although the parking lot setback is shown to be as minimal as 4'10", the current parking Held extends approximately 10' into the proposed ROW dedication area, resulting in a reduction of approximately 15' of parking across the front of the proposed development." As with the building setbacks, the proposed deviations to parking/pavement setbacks are a policy matter for City officials. If found acceptable, the deviations can be accommodated through the Planned Development zoning. Parking should be separated from the private streets within the development, to provide for landscaping, snow storage areas and to facilitate internal traffic flow. Parking is set back from the internal streets by continuous islands, or individual islands, which serve this purpose. Green Space — Green space serves two functions, both to provide permeable surface in a development and to provide aesthetic benefit. The City's commercial zoning districts require a minimum green space ratio of 30 %. There is not a green space requirement for R -4 zoning. Overall, this development provides 36% pervious coverage which meets City Code requirements. Planning Report — CityVue Commons March 25, 2014 PaEe 11 Height — The R -4 zoning district maximum height allowed is 60 ft. The existing 10 -story (apartment) building on Lot 2 is 159 ft, in total height. This includes the penthouse on the top floor which houses a community room and fitness center. The Planned Development can allow this deviation as it is an existing condition. All new buildings should meet the height requirements. Recreation Space -- The City Code requires towiilaome and apartment developments to provide a minimum recreation area of 200 square feet for each unit containing two or fewer bedrooms, and an additional 100 square feet for each unit containing more than two bedrooms. The applicant submitted floor plans for the 112 unit apartment building that identify all units being two bedrooms or fewer. Using this standard, a total of 22,400 sq. ft, of recreation space would need to be provided within the site. The recreational amenities for the 112 -unit building include a community room and fitness center on the penthouse level. This area combined is 10,581 sq, ft. Additional recreational space is provided throughout the site, such as with the exterior plaza and unit patios. Staff suggests the trails along the streets and ponding area to the west be considered as recreation area versus the individual unit patios. The roof deck area may also be considered. The applicant should revise the total figure with the Final Planned Development submittal. The Planned Development could accommodate a deviation from this requirement if necessary. The 90 unit apartment building should also provide unit information and recreation space to meet City Code requirements of 18,000 sq, ft. at time of Final Planned Development application. Storage Space — The City Code requires townhome and apartment developments to provide 150 cubic feet of storage space per unit, in addition to the closet and storage area within the unit, which equates to 16,500 cu, ft, for the 112 -unit building. The applicant submitted floor plans for the 112 unit apartment building. The lower level and first floor plans identify 17,910 cu. ft, of tenant. storage space available which exceeds City Code requirements, The 90 unit apartment building should also provide storage space to meet City Code requirements of 13,500 cu, ft, at time of Final Planned Development application. Building Coverage and Impervious Surface — The City Code sets a maximum building to lot area ratio of 20% for R -4 zoning and 30% for CSC zoning. Since a portion of the project consists of redevelopment of an existing office building, deviations to this requirement exist. However, the development proposes a total building coverage ratio of approximately 19 % (81,205 sq, ft. /9,80 acres). The building coverages are listed below: Lot 1 = 18.3% Lot 2 = 24.7% Lot 3 = 22.4% Lot 4 = 16% Lot s =8.1% Lot 6= 14.8% Planning Report — CityVue Commons March 25, 2014 Page 12 Since this property is within the Shoreland Overlay District, the maximum impervious surface area requirement is 25 %. However, a majority of the parcel is already developed with a significant amount of hardcover between the office building and associated surface parking lots. The total amount of additional impervious surface added equates to 13% which is less than the maximum 25% allowed. The overall impervious surface on this site is 63.9 %. This is a deviation to City Code standards; however, the stormwater drainage and water quality evaluations indicate that the proposed development satisfactorily manages stormwater runoff. Fire Protection — To provide and maintain emergency vehicle access, "Fire Lane/No Parking" signs should be installed along the curb line within the development as noted on the Emergency access plan LL2 in all shaded areas to ensure they be kept open for emergency vehicle access. Also, the development should provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. Si_ nag — The plan proposes entry monuments at the east and west corners of the development at Yankee Doodle, and a monument at the south entrance to the site at Town Centre Drive. A pylon sign is also proposed at the north entrance to the site. Additionally, lots 1 and 5 have menu board signs for their drive throughs. In multi -lot developments, the City Code requires the design and placement of monument and directional signs be coordinated through an overall signage plan. Therefore, a Master Signage Plan should be created to identify which tenants from what lots will be served by each pylon and monument sign. To establish sign placement, size and design parameters for the development, a Master Sign Agreement should be provided, in a form acceptable to the City Attorney, to be executed and recorded against the property. The monument and pylon signs include rock faced concrete block, brick, and stone veneer to reflect building materials. The pylon sign include the development name, "CityVue Commons" in halo lit aluminum letters. Staff suggests the development name be added to the monument signs as well to provide for a cohesive signage plan. Neither directional nor dynamic signs are proposed. Pylon Sign — A pylon sign is proposed at the entrance to the site from Yankee Doodle Road. The pylon sign is proposed to be 27' in height. Calculating the sign panels and the development name, the sign face is 122 s.f. in area. Both the overall height and square footage are within City Code requirements. Monument Signs --- Monument signs are proposed at the east and west perimeter of the property adjacent to Yankee Doodle Road as well as the south entrance along Town Centre Drive. The monument signs are proposed to be 7' in height with a 4' sign face which meets City Code requirements. These monuments will provide shared tenant identification signage. Sign Setbacks - Typically, free- standing monument and pylon signs must have a 10' setback from public right -of -way. Reduced setbacks are proposed for the monument and pylon signs along Yankee Doodle Road and Town Centre Drive. The dedication of Planning Report — CityVue Commons March 25, 2014 Page 13 additional right -of -way along Yankee Doodle Road has constrained the setback area for that signage. Reduced setbacks can be accommodated through the Planned Development. The acceptability of the proposed setbacks is a policy matter for City officials. The monument sign adjacent to Town Centre Drive should meet the 10' setback requirement. Proposed Setback Monument (Yankee Doodle/West) 3' Monument (Yankee Doodle /East) 2' Pylon (Yankee Doodle) 4) Monument (Town Centre) 5 Building signage — Building signage detail has been provided for Lots 1 and 2. Lot 1, the 10,000 s.f, retail building, proposes building signage on all sides but for the rear of the building. Lot 2, the 10 -story apartment building, proposes signage on the east and west elevations as well as a product sign? above the entrance, Pertaining to the inline retail buildings, all sign panels should be distributed evenly (e.g. 10 foot width or 12 foot width for all) and provide space for visual clarity between the brick and EIFS materials on the building. A two -foot spacing should suffice. End units are allowed wall signage on two elevations and interior units are allowed wall signage on one elevation per Code. Canopies /Awnings — The proposed canopies on Lot 1 are to be constructed of metal. Similar retail commercial developments have been allowed Sunbrella, Arlon or Canvas material for fabric awnings, which would also be allowed; however, the same type of material should be used on the building. These materials have been included as a condition of approval to ensure consistency and quality. Further, the canopies /awnings should not allow for additional tenant identification. Menu Boards — The City Code does not regulate menu boards per se; however, the height should not exceed 7' which is the maximum height allowed per City Code for free- standing signs. Telecommunications — The City of Eagan created the Eagan Technology Task Force in February 2004. This group was charged with researching and providing recommendations relative to broadband and fiber optic telecommunications networks within the community. The Task Force created a report that was presented to the Eagan City Council in December 2004. Part of the Policy Framework states; The City should establish and maintain an enviromnent to encourage and provide state of the art and diverse telecommunications infrastructures to assist in the recruitment and retention of residents, organizations and businesses of all sizes. Recognizing that telecommunications is central to economic development and quality of life, the City needs to maintain an ongoing effort to ensure that Eagan stays competitive in this important area. Planning Report — CityVue Conunons March 25, 2014 Page 14 Due to the proposed ground up redevelopment of this site, introduce these technologies in its development plans so Framework statement above. Buildings the applicant has an opportunity to that it is consistent with the Policy Architectural Materials — City Code requires new buildings in commercial districts to utilize at least two Class I materials and be finished with at least 65% Class I materials. Not more than 35% may be Class 11 or II materials, and not more than 10% Class IV materials. The applicant provided elevation plans for Lot 1 (10,000 sq. ft, retail). o Class I materials include masonry brick and glass • Class II materials - NA • Class III materials include EIFS and ornamental metal All but the south elevation meet the requirements. The south elevation does not consist of two Class I materials. Although this is the rear of the building, it will be quite visible to tenants in the 10 -story apartment building. The applicant should revise the south elevation to meet material requirements with the Final Planned Development submittal. The 10 - story office building is comprised of stone, glass and metal panel accents which meet City Code requirements. Modifications to the exterior include window alterations, additional metal accents, a new parapet cap and the addition of the fitness and community room atop the building. Building Design — City Code requirements require four -sided architecture on new construction. All buildings should have the same architectural treatments on all sides as the mixed use development includes residential components. Detailed elevations should be provided at the time of Final Planned Development for each lot and building. All buildings in the development should utilize the same architectural finish materials and features and all building elevations throughout the development should be consistent and must be approved at the time of Final Planned Development. Additionally, the Final Building Elevations provided at the time of Final Planned Development for each building should be revised, if necessary, to ensure visual relief with sections or variations in planes and materials every 40 feet, per City Code standards. Screening of Mechanical Units — Specific needs for rooftop and ground mechanical equipment will be determined by final tenants and users, The building architecture for Lot 1 does include parapet walls with a 30" minimum height designed to provide screening of rooftop equipment. The elevation plans should also indicate that equipment will be placed 20' fi -om the edge of buildings as required by City Code, and depicted on final drawings for Building Permit, Planning Report — CityVue Commons March 25, 2014 Paae 15 Trash Storage — Per City Code, all trash and recycling shall be located indoors or in an enclosure attached to the principal building. Some trash storage areas are depicted within the principal building; however, several of the buildings do not show a trash enclosure. if no trash storage is indicated, trash must be stored within the principal structures. At the time of Final Planned Development or Building Permit for each building, a trash enclosure may be incorporated into the final plans once exact tenants and uses are known. Where an outdoor enclosure may be proposed, the enclosure shall be attached to the principal building, constructed of materials to match the principal structure, not less than 6' in Height nor more than 10' in height, with gates having not less than 90 % opacity. The enclosure should also be of a size that can accommodate both trash and recyclable materials storage. Parking — Parking is calculated on a per lot basis. All parking areas are proposed to be surfaced with bituminous with concrete curb and gutter perimeter and around islands. Number of stalls — The applicants narrative addresses proposed deviations from parking requirements. The Site Plan notes the proposed 518 stalls is a reduction from the 639 required, resulting in a deviation of 121 parking stalls. The applicant also proposes shared parking between the 10 -story apartment building and Lots 5 and 6. Such an accommodation can be made through the Planned Development. While the parking deviation is quite significant, the applicant's narrative provides a parking analysis supporting a reduction in parking, specifically for the apartment buildings. City Policyrnakers should determine if the parking deviations are acceptable. City Code standards are as follows; Multiple dwellings = 1 enclosed or 1 underground per unit and 1 outdoor Retail Uses = 1 stall /200 s.f. up to 10,000 s.£ 1 stall /250 s.f. up between 10,001 and 30,000 s.f. Bank Use= 1 stall /250 s.f. for 10,000 s.f. Restaurant Uses =1 stall /3 seats based on design capacity Restaurant with Drive - through = 1 stall /60 s.£. (g.£a) Parking calculation per lot (which may vary with final tPnn„ ts), Lot Required Proposed Deviation 1 79 68 -11 2* 224 (112 surface) -- 169 (33 surface w/shared parking) -55 3 180 (90 surface) 120 48 surface) -60 4* 86 87 NA 5* 50 51 NA 6 20 42 NA * 19 stalls proposed for shared parking between these 3 lots Planning Report — CityVue Commons March 25, 2014 Pave 16 The Eagan Fire Department (EFD) has reviewed the proposed development plans and shared a concern over the parking stall deviation. EFD does not consider 1.3 parking stalls per unit adequate space to park without creation of parking congestion and emergency vehicle access issues. Further, EFD spoke with staff at Ballantrae Apartments (recently redeveloped) and found the ratio of parking is two parking spots per one apartment. According to the manager, most of Ballantrae 1BR units have the need of two parking stalls per unit. Additionally, Ballantrae Apartment staff stated experiencing overflow parking issues when people use the community building, inviting guests to events, as well as reduced stall availability in winter months with snow buildup, Stall Size — Parking stalls are proposed to be 9' wide by 18' deep. This is a deviation from the City Code standard of 10' x 19'. A 9' stall width has been utilized elsewhere in the City, including Eagan Promenade and City decision makers and staff have been told previously that the 9' stall width is consistent with industry standards. The applicant's narrative notes the proposed stall dimension is a previous market standards and "is more applicable to infill and urban development where density maximum land utilization is encouraged." Minneapolis and St. Paul examples are provided in the narrative. City Polieymakers should determine if this deviation is acceptable. Aisle Width — City Code requires two -way drive aisles in parking lots to be a minimum of 24' in width. This requirement is met. Islands — The landscape section of the City Code requires planting islands to visually break up expanses of hard surface parking areas, to provide safe and efficient traffic movement, and to define rows of parking. This requirement is met. Landscaping — The proposed Landscape Plan is acceptable with minor modifications. The Landscape Plan utilizes 15 species of shade /ornamental trees, 1 species of conifer, 15 shrub varieties and 21 species of perennials and ornamental grasses. A Final Landscape Plan will be required for each lot with the Final Planned Development. The applicant should separate the shade and ornamental trees located within the plant schedule and verify quantities. Foundation plantings should be enhanced, particularly on Lots 5 and 6 near the drive- throughs. The plantings should also meet minimum size requirements per City Code as follows; Deciduous overstory /shade — 2'/Z caliper inches Deciduous understory /ornamental — 1 '/2 caliper inches Coniferous — 6' Hedge and shrubs — 3' Since nearly the entire site will be graded and replanted with the redevelopment, the proposed Landscape and Mitigation Plan should be evaluated for the overall effect of both landscape and mitigation plantings on the site. Staff notes that a majority of the existing trees (80 %) are Planning Report — CityVue Conunons March 25, 2014 Page 1'7 proposed to be removed, as further discussed under the Tree Preservation section of this report. This includes the existing mature confers adjacent to Yankee Doodle Road. The Landscape Plan provides a significant amount of evergreen sluubs in this location to provide screening from vehicle headlights to the adjacent public right -of =way. For the purpose of separating quantities and verifying that mitigation needs are being met, the mitigation plantings are identified separately as well as cumulatively on the Planting Plan, The Planting Plan appears acceptable. Lastly, overstory trees should be placed so as not to conflict with pole lighting or utilities such as hydrants. Overstory trees should be planted within parking islands wherever possible to maximize shade coverage of pavement areas. Li- ghting — There are several levels and types of lighting proposed within this development, all consisting of LED fixtures. Street and adjacent parking lot lighting is provided along the east side of the private street with both single and double arm fixtures mounted on 25' poles. Pedestrian lighting is provided along the west side of the private street, adjacent to the sidewalk with post top style fixtures mounted on 20' poles. Buildings will be accented with wall sconces. All lighting utilized should be shielded so the source of light is not visible from off the property and to prevent glare. All parking lot lighting should provide a minimum of 0.5 footcandles throughout, with an average to minimum ratio of not more than 4. A Final Lighting Plan will be required for each lot with the Final Planned Development. Topog-r_aphy /Grading — The northern half of the site is currently developed with a 10 -story building and parking lots. The northern edge of the site is treed along the Yankee Doodle Road right-of-way. The southern half of the site is undeveloped and lightly treed. The entire site will be disturbed for development/re- development of the site, The high point is approximately in the middle of the site; the property slopes down toward the perimeter of the property. Elevations range from approximately 928 to 900. The preliminary Grading Plan is acceptable with modification. A detailed grading, drainage, erosion, and sediment control plan should be prepared in accordance with current City standards and codes prior to final subdivision approval. All erosion/sediment control plans submitted for development and grading permits should be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the construction and management of erosion/sediment control devices, and the establishment of vegetation for the development, should have received Erosion/Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. Erosion control measures should be installed and maintained in accordance with City code and engineering standards. The Grading Plan shows construction of a retaining wall on the neighboring property to the east located within a drainage and utility easement. The applicant should obtain a temporary Planning Report — CityVue Cormnons March 25, 2014 Page 18 construction easement for any off -site work, and re- locate the retaining wall outside of all drainage and utility easements. The applicant should provide a minimum of 15- foot -wide unobstructed equipment access path (Without obstructions from grading, private utilities, trees, large shnibs, etc.), from street -edge to all stormwater facilities' inlets /outlets. The unobstructed equipment access path should be capable of supporting typical maintenance /excavation equipment, for periodic maintenance access to the pond and infiltration basin, Utilities -- The preliminary Utility Plan is acceptable. Trunk water main of sufficient size and capacity is available along the north and south sides of the site for connection and extension with development of the property. A public water main "loop" is to be constructed with the proposed development to provide redundancy in the system and reduce the likelihood of shutting down the entire development when maintenance or repairs are being performed. Trunk and lateral sanitary sewer of sufficient size, depth, and capacity is available along the south and east sides of the site for connection and extension with development of the property. Sanitary sewer Districts C (west half) and N (east half), as designated in the City's Comprehensive Sanitary Sewer Plan, serve the site. With the exception of the water main loop, all utilities are proposed to be privately owned and maintained. Private utility easements and /or maintenance agreements for the private utilities should be provided in a form acceptable to the City Attorney. Streets /Access /Transportation — Yankee Doodle Road (CSAH 28), along the north edge of the site, is a four -lane divided roadway with a bituminous trail in the north boulevard and a concrete sidewalk in the south boulevard. Town Centre Drive, along the south edge of the site, is a two lane local street with concrete sidewalks on both sides of the road. The proposed development shows construction of a 32' wide private street with full access onto both roadways. The applicant should provide a private maintenance agreement for the private street, in a form acceptable to the City Attorney, at the time of Final Subdivision approval. The proposed development also includes construction of an eastbound right turn lane off of Yankee Doodle Road, and potential internal parking lot connections to the Culvers property to the east and the Access Lifts property to the south. The applicant also indicated they are working on a connection to the Best Buy property to the west. A traffic study should be prepared at the Yankee Doodle Road intersection to determine the anticipated traffic volumes and capacity, appropriate traffic control needs, geometry and alignment configurations, turn lanes, etc, in a manner acceptable to both the City Engineer and County Engineer. The alignment of the private street with Promenade Avenue to the north should be approved by both the City Engineer and County Engineer. The applicant has requested consideration for construction of a traffic signal at the Yankee Doodle Road intersection. Consideration will be given by both the City and County if minimum design criteria are met and if the private street functions as a public roadway to accommodate traffic fiom the surrounding area. It appears the preliminary Site Plan adequately addresses the requested criteria. The applicant should prepare an Intersection Control Evaluation in a manner Planning Report — CityVue Corrmons March 25, 2014 Page 19 acceptable to both the City Engineer and County Engineer at the Yankee Doodle Road intersection. The Site Plan includes a trail around the wetland to the west, and a sidewalk along the western boulevard of the private street to connect the existing sidewalks along Yankee Doodle Road and Town Centre Drive, and a sidewalk through the parking lots on the east side of the site. Long term plans for the Dakota County Greenway Corridor includes a possible Yankee Doodle Road pedestrian crossing (either an overpass or underpass) in this vicinity. It appears the future crossing, if constructed, would need to be funded through a combination of Federal and County funds. The County has requested the applicant take into consideration that this may be a major pedestrian corridor. The applicant has indicated they may include an additional trail section along the western property line to connect the sidewalk on City Centre Drive with the trail around the pond, Since the general public would have access to the trails /sidewalks on site, an access agreement or trail easement should be provided for the major connection between City Centre Drive and Yankee Doodle Road. Easements /Permits /Right -of -Way — The proposed Preliminary Plat shows public drainage and utility easements over private stormwater related infrastructure at the southeast corner of the development (east side of Lots 2 and 3, and south side of Lot 4). The drainage and utility easements should be removed over the stormwater pond, infiltration basin, and storm sewer pipes. Standard lot line drainage and utility easements still apply. There is currently 160' of right-of-way for Yankee Doodle Road, which is anticipated to be upgraded to a 6 -lane roadway sometime in the future. The Dakota County Plat Cominission reviewed the plat and finds 200' of right-of-way necessary. The applicant proposes to dedicate 40' of additional right-of-way. No additional right of way is anticipated to be needed for Town Centre Drive. The applicant should dedicate right-of-way along Yankee Doodle Road (County 28), in accordance with Dakota County standards, and easements for future traffic signal loops and equipment and over any public utilities installed in the development. The main water main loop connecting Yankee Doodle Road to Town Centre Drive is proposed to be public. All other utilities will remain private. The applicant should dedicate public drainage & utility easements over all public utilities at a minimum width of 20 feet. The Site Plan accounts for the future construction of a traffic signal at the private street intersection with Yankee Doodle Road. The applicant should dedicate a public easement of sufficient size for the placement of future traffic signal loop detectors and equipment. The applicant should be responsible for acquiring all outside agency permits and approvals, Financial Obligation — At this time, there are no pending assessments on the parcels included with this development. Based upon a study by City staff of the financial obligations collected in the past and proposed use for the property, the following estimated charges will be collected at time of final plat or Planning Report — CityVue Commons March 25, 2014 Page 20 connection to the City's utility system. The final charges will be computed using the rates in effect at time of connection or platting. The estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final subdivision or plat, with due allowances for easements and right -of- -way required with the plat: Improvement Use Rate Quantity Amount Water Main - Trunk PD $3,121/ ac 9.80 acres $30,586 Sanitary Sewer - Trunk PD $2,956/ ac 9.80 acres $28,969 Total $591555 Wetlands — There are two wetland areas on this parcel, one in the western portion ( "Wetland 111) and one in the southern portion ( "Wetland 2 "). Minn, Rules Ch. 8420, Wetland Conservation Act (WCA), and City Code §11.67, Wetland Protection and Management Regulations, together require boundaries, types, and classifications of such wetland areas be determined. Accordingly, the applicant has submitted to the City two applications, one requesting the City to approve its delineation and type report and to classify "Wetland 1," and the other requesting a detennination that "Wetland 2" is not subject to WCA rules because it is not a natural wetland, The City decision on "Wetland 1" is scheduled for May 16, 2014, which will allow field verification of the wetland in the spring. The decision on "Wetland 2" is scheduled for March 21, 2014. The applicant is not proposing to impact any wetland areas by this development. The proposal will have to fiilfill City Code §11.67 requirements regarding Wetland Buffers, Stotxnwater Management /Water Quality — The preliminary storm drainage plan is acceptable with modification. The entire site lies within Drainage District D (as designated in the City Storm Water Management Plan — 2007). The applicant proposes to add approximately 57,182 square feet (1.31 acres) of impervious surface to the site, resulting in impervious coverage of approximately 64% of the 9.8 acre site. Runoff from the northeast portion of the existing site's impervious area flows off-site to DP -5, a stormwater wetland basin, which is in the LeMay Lake watershed, while the remainder of the site's existing impervious in the west/south portion of the site flows to DP -20, a stormwater wetland basin on the west boundary of the site, which is in the O'Leary Lake watershed. This development will need to comply with the City's Post Construction Requirements (City Code §433) for stormwater management and surface water quality, including Runoff Rate Control, Total Phosphorus (TP) & Total Suspended Solids (TSS) Control, and Volume Control. City Water Quality and Volume Control requirements apply to any new impervious area. The applicant currently proposes to meet the 4.33 requirements through the construction of a stormwater (wet detention) pond and an infiltration (bioretention) basin. The majority of the proposed site's impervious area, after being directed through the pond and infiltration basin for treatment /volume reduction, would discharge to DP -5. Tree Preservation — A tree inventory submitted with this application indicates there are eighty. three (83) significant trees currently existing on site. According to the Tree Preservation Plan Planning Report — Cityvue Conunons March 25, 2014 Page 21 submitted, significant tree impacts will result in the removal of sixty -seven (67) significant trees (80.7% of the total). Per the City of Eagan Tree Preservation Ordinance, allowable tree removal for this type of development proposal (single- phase, multiple -unit residential and commercial) is set at 47.5 %.of the total significant trees. Because the proposed significant tree removal is more than allowed without mitigation, required tree mitigation calculates to sixty -eight (68) Category B trees (or an equivalent combination of Category A and /or C trees). The applicant has submitted a Tree Mitigation Plan that indicates the installation of forty -nine (49) Category B trees and nine (9) Category A trees (an equivalent of sixty -seven (67) Category B). Parks and Recreation Park Dedication — The proposed development is located in the service district served by O'Leary Park, located immediately to the south of the development site. The Northview Park athletic complex and the Eagan Community Center /Central Park sites are within a radius of less than two miles and are accessible via existing trails. Since the development site is not immediately adjacent to an existing park and has been disturbed or built upon as part of prior developments, there is a very limited benefit to a land dedication thus a cash dedication maybe appropriate. The property was platted in 1985 and at that time, park dedication was satisfied. Park dedication has not been satisfied for the undeveloped parcel, Lot 3, the 90 unit apartment building. As such, park dedication should be sought only for the undeveloped portion of the site. Classification: High Density Residential / Retail Commercial Residential 2014 Apartment /Multi Unit Rate = $3212 per unit ® Lot 2 (10 story) /Dedication satisfied as part of original development ® Lot 3 / 90 Units @ $ 3212 = $289,080 Total Residential Dedication due = $289,080 Commercial /Retail Lots 1,4,5,6 / Dedication satisfied as part of original development Total Commercial /Retail Dedication due = $0 Total Park Dedication Due = $289,080 Trail Dedication — The applicant is proposing to construct several walks and trails that will have public recreational and transportation benefits. When using a construction Planning Report — CityVue Commons March 25, 2014 Page 22 value multiplier, staff has determined that the new trails would satisfy the trail dedication requirements and no additional cash payment would be required. Dakota County — As a requirement for submittal of a Comprehensive Guide Plan Amendment to the Metropolitan Council, the City sent out notice of the amendment request to adjacent jurisdictions (cities, school districts and Dakota County), The only written comment received was from Dakota County. Besides transportation items that were addressed during the Plat Commission process, the County provided feedback pertaining to the Dakota County Park System Plan which plans for a greenway that will need to cross Yankee Doodle Road preferably via a tunnel or bridge, While not a requirement and no funding has been identified or sought, the potential location and design for such a feature should be considered and not precluded with this development. The letter pertaining to the Comprehensive Guide Plan Amendment and the Plat Commission letters are included as exhibits to this report. SUMMARY /CONCLUSION Interstate Partners is requesting approval of a Preliminary Planned Development to establish a mixed use development with 28,150 sf of retail and 202 apartment dwelling units and a Preliminary Subdivision to create 6 lots upon the 9.8 acre site. The site's development history dates back to the mid 1980's when the existing 10 -story office building was developed. The building has been vacant for the last three years. This report aims to assist City policymakers in evaluating the Preliminary Planned Development proposal relative to the general and specific goals and policies of the City's Comprehensive Plan and Central Commons Special Area Plan. In addition, the evaluation should consider the deviations requested to typical City Code requirements as well as the benefits to the public afforded by the flexibility a Planned Development approach provides. The applicant believes this proposal provides the highest and best use of the site. The request also includes some deviations to typical Code requirements such as for building, sign and parking setbacks, parking stall dimensions and reduction in the number of parking stalls. ACTIONS TO BE CONSIDERED To recommend approval of a Preliminary Subdivision to create six lots upon 10 acres located at 1200 Yankee Doodle Road and 1211 Town Centre Drive. If approved, the following conditions shall apply: 1. The applicant shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, B1, B2, B3, Cl, C2, C4, El and F1 2. The property shall be platted. Plaiming Report — CityVue Commons March 25, 2014 Paize 23 Cross - easements for ingress /egress and shared parking with Lots 2, 4 and 5 shall be executed in a form acceptable to the City Attorney, 4. All building address numbers shall be determined by the City at the time of Final Subdivision. Building identification numbers shall be installed consistent with the City Code Section 2.78, 5, This Planned Development allows for a total building area of up to 28,150 SF of retail commercial, restaurant and service uses. 6. Uses that are considered conditional uses in CSC zoning districts shall be subject to a Planned Development Amendment and allowed only if such Amendment is approved by the City. 7. On -sale and off -sale liquor shall be allowed for Lots 1, 4, 5 and 6. All on/off-sale liquor shall be subject to a separate license and compliance with City Code liquor licensing requirements. 8. For each outdoor dining area, a detailed patio seating plan shall be provided at the time of Final Planned Development, 9. Outdoor patio dining shall meet City Code requirements of Sec. 11.70, Subd. 29, including, but not limited to; a) Outdoor dining areas shall be set back a minimum of 20' from public rights-of- way and from internal private streets. b) Outdoor dining areas shall not interfere with any pedestrian traffic or walkways intended for the general public. c) The outdoor dining area shall be enclosed by a fence if seating is provided for more than 24 or if alcoholic beverages are served within the outdoor dining area. 10. Parking in the amount of 1 stall for each 12 outdoor seats is required for outdoor dining areas of more than 24 seats. 11. All sewer availability charges imposed as a result of additional seating in the outdoor dining area shall be paid prior to the operation of any business within the outdoor dining area. 12. Detailed building elevations shall be provided at the time of Final Planned Development for each lot and building. All buildings in the development shall utilize the same architectural finish materials and features, and all building elevations throughout the development shall be consistent and must be approved at the time of Final Planned Development. 13. The Final Building Elevations provided at the time of Final Planned* Development for each building shall include four sided architecture and meet material finish requirements. Plauung Report — CityVue Conunons March 25, 2014 Page 24 14, The Final Building Elevations provided at the time of Final Planned Development for Lot 1 shall be revised to meet material requirements on the south elevation. 15. The Final Building Elevations provided at the time of Final Planned Development for each building shall be revised if necessary to ensnare visual relief with sections or variations in planes and materials every 40 feet as per City Code standards. 16. Mechanical equipment shall be screened per City Code requirements a 30" minimum parapet height. The elevation plans shall also indicate that equipment is placed 20' from the edge of buildings as required by City Code, and depicted on final drawings for Building Permit, 17. All trash storage areas shall be attached to the principal buildings or within the principal building. The trash storage area shall be of a size that can accommodate both trash and recyclable materials storage, and constructed in accordance with City Code design requirements. 18. Height requirements for all new buildings shall meet City Code requirements. 19. Parking stalls shall be no smaller than 9' x 18'. 20. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 21. "Fire Lane/No Parking" signage shall be installed along the curb line within the development as noted on Emergency Access Plan L1.2 in all shaded areas to ensure they be kept open for emergency vehicle access. 22. The applicant shall submit a revised Site Plan that identifies all public drainage and utility easements. 23. The applicant shall submit a proposal /infrastructure plan to be approved by staff to provide telecommunications fiber to the apartment buildings (FTTH) or conduit to the site to perinit third party providers to install FTTH within the development. 24. The applicant shall provide required recreational space for the apartment buildings, per City Code requirements utilizing the roof deck, traits along the streets and ponding area to the west for the 10 -story apartment building. The applicant shall revise the total figure with the Final Planned Development submittal. 25. The applicant shall provide required storage space for the apartment buildings, per City Code requirements. Planning Report— CityVue Commons March 25, 2014 Page 25 Serge 26. All retail /commercial building signage shall be consistent in design. 27. All apartment complex signage shall be of backlit (halo) design. 28. Building signs within this development shall be limited to the City Code standard of 20% of the tenant fagade area. 29. Menu board signs shall not exceed 7 feet in height. 30. The exterior elevations for the inline retail buildings shall equally allot the sign bands, provide adequate spacing between the sign bands and allow up to two total signs for the end units and one for each interior tenant, as required by City Code. 31. The pylon sign shall not exceed 27 feet in height and shall comply with all other City Sign Code requirements. 32. The monument signs shall not exceed 7 feet in height and shall comply with all other City Sign Code requirements. 33. The monument sign adjacent to Town Centre Drive shall meet the 10' setback requirement. 34. Sign permits shall be obtained prior to installation for the building, monument and pylon signs. 35. All canopies shall be of metal construction and awnings shall be constructed of Sunbrella, Arlon or Canvas material and shall exclude tenant identification. 36. To establish and document sign placement, size and design parameters for the development, a Master Sign Agreement shall be provided, in a form acceptable to the City Attorney, to be executed and recorded against the property with the Preliminary Planned Development Agreement. Landscaping 37. A Final Landscape Plan is required for each lot at the time of Final Planned Development, 38. The Landscape Plan shall separate the shade and ornamental trees located within the plant schedule and quantities shall be verified. Planning Report — CityVue Commons March 25, 2014 Page 26 39. The Landscape Plan key shall be revised to verify plantings meet minimum size requirements per City Code, 40. The Landscape Plan shall be revised to enhance foundation plantings, specifically on Lots 5 and 6 near the drive throughs. 41. Overstory trees shall be placed so as not to conflict with pole lighting or utilities such as hydrants. 42. Overstory trees shall be planted within parking islands wherever possible to maximize shade coverage of pavement areas. Ling 43. A Final Lighting Plan is required for each lot at the time of Final Planned Development, 44. All lighting utilized shall be shielded so the source of light is not visible from off the property and to prevent glare. 45. All parking lot lighting shall provide a minimum of 0.5 footcandles throughout, wit1-I an average to minimum ratio of not more than 4. Engineering Considerations 46. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector /Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer, 47. The applicant shall obtain temporary construction easements for all off -site work. 48. All retaining walls shall be located outside of drainage and utility easements. 49. The drainage and utility easements shall be removed over the storiwater pond, infiltration basin, and storm sewer pipes on the east side of Lots 2 and 3, and south side of Lot 4. 50. Private utility easements and /or maintenance agreements for the private utilities shall be provided in a form acceptable to the City Attorney. Planning Report— CityVue Commons March 25, 2014 Paae 27 51. The applicant shall provide a private maintenance agreement for the private street, in a form acceptable to the City Attorney, at time of final subdivision approval. 52. The alignment of the private street with Promenade Avenue to the north shall be approved by both the City Engineer and County Engineer, 53. A traffic study and Intersection Control Evaluation shall be prepared at the Yankee Doodle Road intersection in a manner acceptable to both the City Engineer and County Engineer. 54. The applicant shall dedicate right-of-way along Yankee Doodle Road (County 28), in accordance with Dakota County standards, and easements for future traffic signal loops and equipment and over any public utilities installed in the development. 55, The applicant shall obtain all necessary permits from Dakota County for any work within the Yankee Doodle Road right -of -way. 56. This development shall dedicate public drainage & utility easement over all public utilities at a minimum width of 20 feet. 57. The applicant shall dedicate a public easement of sufficient size for the placement of future traffic signal loop detectors and equipment. 58. Cross - easements for ingress /egress and shared parking shall be executed in a form acceptable to the City Attorney, 59. Before receiving a grading permit or final subdivision approval, the applicant shall enter into a long -term stormwater management system maintenance agreement with the City, detailing the maintenance required to maintain proper operation and performance of the permanent stormwater management system, in a form acceptable to the City Attorney, 60. Before issuing a Certificate of Occupancy, the applicant shall provide the City as -built plans that demonstrate that all constructed stormwater conveyance structures and management facilities (ponding, infiltration basin, etc.) conform to design and /or construction plans, as approved by the City. As -built volumes of retention & detention shall be provided for all stormwater facilities (pond, infiltration basin, etc.). 61. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 62. "No Parking/Fire lane" shall be installed along the private street within the development to ensure they be kept open for emergency vehicle access. Plaiming Report — CityVue Commons March 25, 2014 Page 28 Stormwater Management /Water Quality 63. The applicant shall fully meet Eagan's Post Construction Requirements (City Code §433) for stormwater management and surface water quality (i.e. pollutant, rate, and volume control). 64. Prior to receiving a grading permit or final subdivision approval, the applicant shall provide the City with soil -boring logs (minimum of 2 taken within the location of each proposed filtration or infiltration feature), extending 15' below the bottom of the proposed excavation / over - excavation elevation, to evaluate suitability for infiltration. If the soil boring logs indicates incompatibility of existing sub -soil penneability with the submitted and reviewed design plans for meeting volume control requirements, the applicant shall revise the design and /or construction plans to ensure volume control requirements are fully met. 65. The applicant shall provide construction details of proposed infiltration basin for City review (cross - section, construction / protection / sequencing notes, sizing/volume tables, inlet, outlet /under -drain details, planting details, etc.), to ensure infiltration basin is properly designed and constructed, and adequately protected during / after construction, to function as intended. These details shall be included in applicable plan sheet(s). The infiltration basin shall be off -line when at design volume, and with a maximum temporary ponding depth of 1.5'. If an under -drain is used, an easily accessible gate -valve must be installed to be able to regulate under -drain outflow. The infiltration basin shall planted, with live plants (pots or plugs), rather than relying on seed alone. 66, The applicant shall provide construction details of proposed stormwater pond for City review (cross - section, construction / protection / sequencing notes, sizing/volume tables, outlet /under -drain details, buffer planting details, etc.), to ensure the stormwater pond is properly designed and constructed according to the MPCA Stormwater Manual, and adequately protected during / after construction, to function as intended. These details shall be included in applicable plan sheet(s). 67. During infiltration basin over - excavation and sub -soil work, the applicant shall ensure that a Certified Soil Scientist is present to verify that infiltration basin sub -soils are suitable for infiltration, within 48 hours, at the plaimed saturated soil infiltration rate and basin depth. 68. The applicant shall provide adequately sized pre - treatment (forebays, catch basin 4' sumps, etc.) at, or immediately upstream of, all water quality / stormwater pond inlets to provide for effectively capture and easily - accessible cleanout of fine -sand sized particles. These details shall be included in applicable plan sheet(s). Planning Report — CityVue Commons March 25, 2014 Page 29 69. The applicant shall provide a minimum of 15- foot -wide unobstructed equipment access path (without obstructions from grading, private utilities, trees, large shrubs, etc.), from street -edge to all stormwater facilities' inlets /outlets. The unobstructed equipment access path shall be capable of supporting typical maintenance / excavation equipment, for periodic maintenance access to the pond and infiltration basin. Tree Preservation 70. The applicant shall fulfill tree mitigation requirements through the installation of sixty - eight (68) Category B equivalent trees. 71. The applicant shall work with City Forestry staff as grading and tree removal occurs. City Forestry staff will make final decisions concerning tree survivability and adjust tree mitigation requirements accordingly. 72. The applicant shall protect the preserved individual tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees /woodlands to be preserved on -site. 73. The applicant shall contact the City Forestry Division and set up a pre - construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. Parks and Recreation 74. The development of Lot 3 (90 unit apartment complex) shall be responsible for a cash park dedication. No dedication is required for the remaining lots as park dedication was previously satisfied with original development. Lot 3 is responsible for the cash dedication, payable at the time of building permit at the rates then in effect. 75. Required trail dedication shall be fulfilled through the construction of walks and trails with public recreational and transportation benefits, as identified on the Site Plan. The construction of these walks and trails satisfies the trail dedication requirements and no additional cash payment shall be required. Planning Report — CityVue Commons March 25, 2014 Pate 30 To recommend approval of a Preliminary Planned Development for a mixed use development upon approximately 10 acres located at 1200 Yankee Doodle Road and 1211 Town Centre Drive, If approved the following conditions shall apply; 1. A Preliminary Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. The Preliminary PD Agreement shall contain the following plans. The following plans shall be revised and submitted as Master Development Plans prior to Final Subdivision and Final Planned Development approval. Y Preliminary Site Plan 9 Preliminary Building Elevation Plans 9 Preliminary Landscape Plan m Preliminary Signage Plan • Preliminary Site Lighting Plan 2. A Final Planned Development Agreement shall be required for each lot as it develops. The following plans are required for the Final Planned Development Agreement and shall be consistent with the approved master plans for the Preliminary Planned Development. ® Final Site Plan ® Final Building Elevations ® Final Landscape Plan 6 Final Signage Plan ® Final Lighting Plan 3. The property shall be platted. 4. The Planned Development shall have a 5 -year tern, 5. Cross - easements for ingress /egress and shared parking with Lots 2, 4 and 5 shall be executed in a form acceptable to the City Attorney, 6. All building address numbers shall be determined by the City at the time of Final Subdivision. Building identification numbers shall be installed consistent with the City Code Section 2.78. 7. This Planned Development allows for a total building area of up to 28,150 SF of retail commercial, restaurant and service uses, 8. Uses that are considered conditional uses in CSC zoning districts shall be subject to a Planned Development Amendment and allowed only if such Amendment is approved by the City. Planning Report — CityVue Commons March 25, 2014 Pajae 31 9. On -sale and off -sale liquor shall be allowed for Lots 1, 4, 5 and 6. All on/off -sale liquor shall be subject to a separate license and compliance with City Code liquor licensing requirements. 10. For each outdoor dining area, a detailed patio seating plan shall be provided at the time of Final Planned Development, 11. Outdoor patio dining shall meet City Code requirements of Sec. 11.70, Subd. 29, including, but not limited to; a) Outdoor dining areas shall be set back a minimum of 20' from public rights -of- way and from internal private streets. b) Outdoor dining areas shall not interfere with any pedestrian traffic or walkways intended for the general public. c) The outdoor dining area shall be enclosed by a fence if seating is provided for more than 24 or if alcoholic beverages are served within the outdoor dining area. 12. Parking in the amount of 1 stall for each 12 outdoor seats is required for outdoor dining areas of more than 24 seats. 13. All sewer availability charges imposed as a result of additional seating in the outdoor dining area shall be paid prior to the operation of any business within the outdoor dining area. 14. Detailed building elevations shall be provided at the time of Final Planned Development for each lot and building. All buildings in the development shall utilize the same architectural finish materials and features, and all building elevations throughout the development shall be consistent and must be approved at the time of Final Planned Development. 15, The Final Building Elevations provided at the time of Final Planned Development for each building shall include four sided architecture and meet material finish requirements. 16. The Final Building Elevations provided at the time of Final Planned Development for Lot 1 shall be revised to meet material requirements on the south elevation. 17. The Final Building Elevations provided at the time of Final Planned Development for each building shall be revised if necessary to ensure visual relief with sections or variations in planes and materials every 40 feet as per City Code standards. 18. Mechanical equipment shall be screened per City Code requirements a 30" minimum parapet height. The elevation plans shall also indicate that equipment is placed 20' from the edge of buildings as required by City Code, and depicted on final drawings for Building Permit. Planning Report — CityVue Commons March 25, 2014 Page 32 19. All trash storage areas shall be attached to the principal buildings or within the principal building. The trash storage area shall be of a size that can accoimnodate both trash and recyclable materials storage, and constructed in accordance with City Code design requirements. 20. Height requirements for all new buildings shall meet City Code requirements. 21. Parking stalls shall be no smaller than 9' x 18'. 22. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 23. "Fire Lane/No, Parking" signage shall be installed along the curb line within the development as noted on Emergency Access Plan L1.2 in all shaded areas to ensure they be kept open for emergency vehicle access. 24. The applicant shall submit a revised Site Plan that identifies all public drainage and utility easements. 25. The applicant shall submit a proposal /infrastructure plan to be approved by staff to provide telecommnunications fiber to the apartment buildings (FTTH) or conduit to the site to permit third party providers to install FTTH within the development. 26. The applicant shall provide required recreational space for the apartment buildings, per City Code requirements utilizing the roof deck, trails along the streets and ponding area to the west for the 10 -story apartment building. The applicant shall revise the total figure with the Final Planned Development submittal. 27. The applicant shall provide required storage space for the apartment buildings, per City Code requirements. Signage 28. All retail /commercial building signage shall be consistent in design. 29. All apartment complex signage shall be of backlit (halo) design. 30, Building signs within this development shall be limited to the City Code standard of 20% of the tenant fagade area. 31. Menu board signs shall not exceed 7 feet in height. Planning Report— CityVue Commons March 25, 2014 Page 33 32. The exterior elevations for the inline retail buildings shall equally allot the sign bands, provide adequate spacing between the sign bands and allow up to two total signs for the end units and one for each interior tenant, as required by City Code. 33. The pylon sign shall not exceed 27 feet in height and shall comply with all other City Sign Code requirements. 34. The monument signs shall not exceed 7 feet in height and shall comply with all other City Sign Code requirements. 35. The monument sign adjacent to Town Centre Drive shall meet the 10, setback requirement. 36. Sign permits shall be obtained prior to installation for the building, monument and pylon signs. 37. All canopies shall be of metal construction and awnings shall be constructed of Sunbrella, Arlon or Canvas material and shall exclude tenant identification. 38, To establish and document sign placement, size and design parameters for the development, a Master Sign Agreement shall be provided, in a form acceptable to the City Attorney, to be executed and recorded against the property with the Preliminary Planned Development Agreement. Landscaping 39. A Final Landscape Plan is required for each lot at the time of Final Planned Development, 40. The Landscape Plan shall separate the shade and ornamental trees located within the plant schedule and quantities shall be verified. 41. The Landscape Plan key shall be revised to verify plantings meet minimum size requirements per City Code. 42, The Landscape Plan shall be revised to enhance foundation plantings, specifically on Lots 5 and 6 near the drive throughs. 43. Overstory trees shall be placed so as not to conflict with pole lighting or utilities such as hydrants, Planning Report — CityVue Commons March 25, 2014 Page 34 44. Overstozy trees shall be planted within parking islands wherever possible to maximize shade coverage of pavement areas. Lig Win 45, A Final Lighting Plan is required for each lot at the time of Final Planned Development, 46. All lighting utilized shall be shielded so the source of light is not visible from off the property and to prevent glare, 47. All parking lot lighting shall provide a minimum of 0.5 footcandles throughout, with an average to minimum ratio of not more than 4. Engineering Considerations 48. All erosiord sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control hispector /Installer certification through the University of Minnesota, or approved equal training as detennined by the City Engineer, 49. The applicant shall obtain temporary construction easements for all off-site work. 50. All retaining walls shall be located outside of drainage and utility easements. 51. The drainage and utility easements shall be removed over the stormwater pond, infiltration basin, and storm sewer pipes on the east side of Lots 2 and 3, and south side of Lot 4. 52. Private utility easements and /or maintenance agreements for the private utilities shall be provided in a form acceptable to the City Attorney, 53. The applicant shall provide a private maintenance agreement for the private street, in a form acceptable to the City Attorney, at time of final subdivision approval. 54. The alignment of the private street with Promenade Avenue to the north shall be approved by both the City Engineer and County Engineer, 55. A traffic study and Intersection Control Evaluation shall be prepared at the Yankee Doodle Road intersection in a manner acceptable to both the City Engineer and County Engineer. Planning Report — CityVue Commons March 25, 2014 Page 35 56. The applicant shall dedicate right -of- -way along Yankee Doodle Road (County 28), in accordance with Dakota County standards, and easements for future traffic signal loops and equipment and over any public utilities installed in the development. 57. The applicant shall obtain all necessary permits from Dakota County for any work within the Yankee Doodle Road right -of -way: 58. This development shall dedicate public drainage & utility easement over all public utilities at a minimum width of 20 feet. 59. The applicant shall dedicate a public easement of sufficient size for the placement of future traffic signal loop detectors and equipment. 60. Cross - easements for ingress /egress and shared parking shall be executed in a form acceptable to the City Attorney. 61. Before receiving a grading permit or final subdivision approval, the applicant shall enter into a long -term stormwater management system maintenance agreement with the City, detailing the maintenance required to maintain proper operation and performance of the permanent stormwater management system, in a form acceptable to the City Attorney. Plamung Report— CityVue Commons March 25, 2014 Page 36 62. Before issuing a Certificate of Occupancy, the applicant shall provide the City as -built plans that demonstrate that all constructed stormwater conveyance structures and management facilities (ponding, infiltration basin, etc.) conform to design and /or construction plans, as approved by the City. As -built volumes of retention & detention shall be provided for all stormwater facilities (pond, infiltration basin, etc.). 63. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 64. "No Parking/Fire lane" shall be installed along the private street within the development to ensure they be kept open for emergency vehicle access. Stormwater Management /Water Quality 65. The applicant shall fully meet Eagan's Post Construction Requirements (City Code §4,33) for stormwater management and surface water quality (i.e. pollutant, rate, and volume control). 66. Prior to .receiving a grading permit or final subdivision approval, the applicant shall provide the City with soil - boring logs (minimum of 2 taken within the location of each proposed filtration or infiltration feature), extending 15' below the bottom of the proposed excavation / over - excavation elevation, to evaluate suitability for infiltration, if the soil boring logs indicates incompatibility of existing sub -soil permeability with the submitted and reviewed design plans for meeting volume control requirements, the applicant shall revise the design and /or construction plans to ensure volume control requirements are filly met. 67. The applicant shall provide construction details of proposed infiltration basin for City review (cross- section, construction / protection / sequencing notes, sizing/volume tables, inlet, outlet /under -drain details, planting details, etc.), to ensure infiltration basin is properly designed and constructed, and adequately protected during / after construction, to function as intended. These details shall be included in applicable plan sheet(s). The infiltration basin shall be off -line when at design volume, and with a maximum temporary ponding depth of 1.5'. If an under -drain is used, an easily accessible gate -valve must be installed to be able to regulate under -drain outflow. The infiltration basin shall planted, with live plants (pots or plugs), rather than relying on seed alone. Planning Report — CityVue Commons March 25, 2014 Pane 37 68. The applicant shall provide construction details of proposed stormwater pond for City review (cross- section, construction / protection / sequencing notes, sizing/vol -ame tables, outlet /under -drain details, buffer planting details, etc.), to ensure the stormwater pond is properly designed and constructed according to the MPCA Stormwater Manual, and adequately protected during / after construction, to function as intended. These details shall be included in applicable plan sheet(s). 69. During infiltration basin over - excavation and sub -soil work, the applicant shall ensure that a Certified Soil Scientist is present to verify that infiltration basin sub -soils are suitable for infiltration, within 48 hours, at the planned saturated soil infiltration rate and basin depth. 70. The applicant shall provide adequately sized pre - treatment (forebays, catch basin 4' sumps, etc.) at, or immediately upstream of, all water quality / stormwater pond inlets to provide for effectively capture and easily- accessible cleanout of fine -sand sized particles, These details shall be included in applicable plan sheet(s). 71. The applicant shall provide a minimum of 15- foot -wide unobstructed equipment access path (without obstructions from grading, private utilities, trees, large shrubs, etc.), from street -edge to all stormwater facilities' inlets /outlets. The unobstructed equipment access path shall be capable of supporting typical maintenance / excavation equipment, for periodic maintenance access to the pond and infiltration basin. Tree Preservation 72. The applicant shall fulfill tree mitigation requirements through the installation of sixty. eight (68) Category B equivalent trees. 73. The applicant shall work with City Forestry staff as grading and tree removal occurs. City Forestry staff will make final decisions concerning tree survivability and adjust tree mitigation requirements accordingly. 74. The applicant shall protect the preserved individual tree's critical root zones -through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees /woodlands to be preserved on -site. 75. The applicant shall contact the City Forestry Division and set up a pre- construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. Parks and Recreation Planning Report — CityVue Commons March 25, 2014 Page 38 76. The development of Lot 3 (90 unit apartment complex) shall be responsible for a cash park dedication, No dedication is required for the remaining lots as parr dedication was previously satisfied with original development. Lot 3 is responsible for the cash dedication, payable at the time of building permit at the rates then in effect. 77. Required trail dedication shall be, fulfilled through the construction of walks and trails with public recreational and transportation benefits, as identified on the Site Plan, The construction of these walks and trails satisfies the trail dedication requirements and no additional cash payment shall be required, STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staff s report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval, B. ]Casements and Rights -of -Way This development shall dedicate 10 -foot drainage and utility easements centered overall lot lines and, 10 -foot drainage and utility easements adjacent to all public rights -of -way where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards, 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development, 3. This development shall dedicate all public right -of -way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency, 4. This development shall dedicate adequate drainage and ponding easements, in accordance with requirements set forth in the latest version of the City's Stormwater Management Plan, C. Plans and Specifications 1. All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. This development shall ensure that all dead -end public streets shall have a permanent cul -de -sac, or temporary cul -de -sac to be removed upon further extension (on stub streets), constructed in accordance with City engineering standards. This development shall dedicate, provide, or financially guarantee the acquisition costs of street easements or public street rights- of-way as required by the alignment of the cul -de -sacs located within or beyond the boundaries of this plat as necessary to service or accommodate this development. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance, D. Public Improvements 1, if any improvements are to be installed under a City contract, the appropriate public improvement project and associated contract must be awarded by Council action prior to final plat approval, E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedications 1. This development shall fulfill its park and trail dedication requirements as recormnended by the Advisory Parks Com nission and as awarded by the action of the City Council, G. Tree Presei-vation and Mitigation 1. This development shall be responsible for preparing a tree preservation plaid and mitigating for any removal in excess of the allowable limits. Mitigation shall be in the form of replacement trees, cash equivalent, or a combination thereof in accordance with the recommendation of the Advisory Parks Commission and as awarded by the action of the City Council, H. Stormwater Management and Water Quality Protection 1, This development shall manage stoirnwater and protect water quality by meeting requirements for design standards, minimizing impervious surface area and maximizing infiltration and retention, and providing acceptable complementary stormwater treatments, stormwater treatment ponds, regional ponds, and maintenance of private stormwater facilities in accordance with the current City post construction regulations and as recommended by the Advisory Parks Commission and awarded by Council action. I. J. IC, Wetlands Protection and Management 1, This development shall protect and manage wetlands by meeting requirements for wetland delineations and assessments, sequencing and replacement, and wetland buffers and setbacks in accordance with the current wetland protection and management regulations and as recommended by the Advisory Parks Commission and awarded by Council action. Airport Noise Attenuation 1. 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L-C 1 AI- 101 U01. d ii AN .................... .................. . ....... ........... ....................................... i2 P 'Ej w Z � 2 z e & ( -D- HH . ......... . MR UQ! 7 rj O 0 0 LU U) O 0 0 (U at ci M. U0 ...................................... . ....... . CAH :5 CL z N, C-)-. - cl-.) -- - • I CID ..... .. . . ...... W.W01mip. R Pill I 0 Em �p I CID ..... .. . . ...... W.W01mip. Interstate Parmet'S.-I.L.0 500 jachson Street 0 Suite 200 0 St. vaul, MN 55x01 0 TeI 651.406,8050 0 Rw 612,406;8628 0 inter—st—ittepadners.com PRELIMINARY SUBDIVISION & PLANNED DEVELOPMENT NARRATIVE: A. Comprehensive Guide Plan Designation (existing & proposed) The existing comprehensive plan designation is 0/S - Office / Service. The applicant is proposing to change the comprehensive plan designation to MU - Mixed Use. The proposed Comprehensive Plan Amend menttransitions the property from a tired office oriented use and structure, to a dense and intense neighborhood based urban development. The proposal contemplates the conversion of the existing office structure into a 112 unit, high -rise residential project,. offering a unique downtown experience to both existing residence of the community and future residents of the project. This CPA also provides for a second residential phase which can support up to 90 residential units in a 4 story structure. Additionally, the CPA provides the opportunity to repurpose the large parking fields along Yankee Doodle into pedestrian oriented neighborhood retail, which will directly serve the new residents of the tower and Eagan residents at large. B. Zoning Classification (existing & proposed) The existing zoning classification is PD - Planned Development, which allows for office and office related uses, consistent with the Comprehensive Plan. The applicant is applying for a Preliminary Planned Development whereby the Planned Development will provide for the mixed use redevelopment, specifically including high density residential and commercial shopping. C. What you want to do; timing /phasing The applicant is proposing to redevelop the existing structure and surrounding parking fields into a mix of residential and retail uses. The following table correlates to the Preliminary Planned Development and Preliminary Subdivision Submittals that have been submitted and revised together with this application; Project: Use: Lot 1 Retail Commercial Lot 2 High Density Residential Lot 3 High Density Residential Lot 4 Retail Commercial Lot 5 Retail Commercial Lot 6 Retail Commercial ROW Right of Way Additional features; Phase: Size: Area: Existing / New I 10,000 sq ft 1.25 acres New I _ 112 units 2.74 acres Convert existing II 90 units 2.16 acres New II 10,150 sq it 1.46 acres New I 3,000 sq ft 0.85 acres New I 5,000 sq ft 0.78 acres New 0.57 acres Dedicated a. Connectivity to the adjacent businesses to the east (shown) and we are discussing connectivity with the property owner to the west, Best Buy building (not shown) b. North / South street to allow for movement between Yankee Doodle Road and Town Centre Drive c. Pedestrian sidewalks to connect residential uses to commercial, both within the project and across Yankee Doodle to Eagan Promenade I v1sr lit L ?: MAR 0 5 2014 d. Additional amenity details will be provided final plans (to include the accommodation of walkways, patios, bike racks, etc). D. Existing land uses on subject property The existing land use on the subject property is office. Previously the subject property was occupied by Blue Cross Blue Shield. E. Surrounding land uses and zoning with 660 feet The land uses with 660 feet of the subject property include the following L PD - Planned Development fl. R -4 - High Density Residential iii. R -1- Residential Single Family iv. LB - Limited Business F. Office Implications We believe the proposed development is the highest and best use of the existing land and has the best benefit to the community. The Eagan / Mendota Heights office market, primarily located along 494 from Pilot Knob Road to Dodd Road, currently has approximately 500,000 square feet of existing tenant -ready vacancy. This vacancy is roughly 75% in Eagan and 25% in Mendota Heights. This vacancy can accommodate both long term and shot term tenant expansion of existing Eagan / Mendota Heights businesses as well as attract new business to the market. The aforementioned vacancy does not include the former Blue Cross Blue Shield facility, the Lockheed Martin site or the Delta campus. In addition to this vacancy, Interstate Partners has the capacity to add 650,000 square feet of office product to the Eagan market at Boulder Lakes, the Waters can support an additional 1.75,000 square feet of office product and United Properties can add another 150,000 square feet of office product in the Mendota Heights Development. When and if developed, the Delta campus could support in additional 750,000 square feet of office product. As a result, the former BCBS facility is not competitive with the aforementioned vacancies and new construction opportunities because of condition of the facility, location (off of the 494 strip), lack of multi- tenant functionality, and outdated floor plate sizing. F. Deviations: a. CSC Parking -- Lots 1, 4, 9 & 6: The required parking for lots 1, 4, 5 & 6 is 235 stalls. The aggregate parking provided for these lots is proposed at 248 stalls. Lot 1 will be slightly under parked at 68 stalls; whereas 79 are required. Lots 4 & 5 will be slightly over parked and lot 6 will be grossly over parked. Regarding lot 1, code require 79 stalls; however, we feel the 68 stalls (6.8/1,000) will be more than sufficient considering the balanced effect of parking over the entire development. The uses that are proposed for the building and the excess land for future phases will also grant us the flexibility to solve any parking issues that may have occurred in the first phase. Our goal for the CSC zoned lots is to effectively and efficiently park both the employees'and customers of each tenant, without the waste or overburden of empty parking fields. b. R -4 Parking - Lots 2 & 3: The required parking for lots 2 & 3 is 2 stalls per unit, resulting in 404 stalls required. At Home Apartments analyzed the parking trends in for their existing multi - family projects in Eagan, along with the new developments that have similar characteristics as the proposed development (when considering unit size, bedroom counts, rent per square foot and sub - market) and came to the conclusion that we can effectively park the projects at 1.2 stalls per unit. Comparable new developments are trending towards 1.0 -1.1 stalls per unit (please see the attached 2 examples); however, we want to be able to accommodate shifts in occupancy trends in the marketplace and have proposed 150 exclusive stalls for lot 2 (the existing tower) with an additional 19 shared stalls resulting in a total of 169 stalls for 112 units (1.50 stalls / unit). For the second multi - family phase, lot 3, we have proposed 90 units with 120 exclusive stalls resulting in a parking ration of 1.33 stalls / unit. We feel that both of these will be slightly over parked to handle changes in the marketplace, but still very efficient and without the waste of an underutilized parking field. Our goal for the R -4 zoned lots is to effectively and efficiently park both the occupants and guests of project, without the waste or overburden of empty parking fields. Please see the attached parking analysis performed by At Home Apartments. c. Connectively to the East: The submitted plans and documents show connectively to the business owners the east i.) Culvers, ii.) O'Reilly Auto Parts, iii.) Valvoline. The purpose and intent of this connectivity is to create a customer - friendly traffic / pedestrian route to Yankee Doodle in the circumstance that the Cleary Lane access onto Yankee Doodle is closed or restricted in the future. This connectively should provide similar access to the current route to Yankee Doodle for the business owners, employees and customers. d. Parking set -back to Yankee Doodle: The submitted plans and documents show a 4'10" 6'0" setback from the future proposed property line to the proposed parking. This setback assumes a dedication to Dakota County for additional ROW. Although the parking lot setback is shown to be as minimal as 4'10 ", the currently parking field extends approximately 10' into the proposed ROW dedication area, resulting in a reduction of approximately 15' of parking across the front of the proposed development. e. Town Center Drive to Yankee Doodle Connection: The north / south drive proposed through the development has been designed to act and serve as a public connection from Yankee Doodle to Town Center Drive. The access onto Yankee Doodle has been aligned with the access to Eagan Promenade across the street to accommodate signalization in the future. f. Parking Stall Dimensions: Eagan city code currently requires parking stall dimensions to be 10'x 19'. The parking stall dimensions for the CityVue development have all been proposed at 9'x 18'. We feel that the proposed stall dimensions (previously a market standard) are more applicable for infill and urban development where density maximum land utilization is encouraged. For example, the city of Minneapolis' code requires 8'6" x 18' parking stalls and St. Paul requires 9' x 18'. g. Pylon Signage: The proposed pylon signage is oversized by 2 square feet per side; code requires a maximum of 125 square feet per side and the proposed pylon shows 127 square feet. This is was an oversight on our part, which was not realized until the revised plans had been completed. We will adjust the proposed pylon size accordingly to meet code. Parking analysis on the following page M City of Eagan Parking Requirement Analysis REQUIREMENT The City of Eagan requires multi - family dwellings to have two parking spaces per unit. REQUEST Interstate Partners together with At Home Apartments, LLC requests the City of Eagan allow a minimum parking standard of one parking space per residential unit for the proposed development. RATIONALE The requirement of two parking spaces per unit is excessive for the needs of current and forecasted future rental multi - family markets. SUPPORTIVE ARGUMENTS Household Statistics. A Dakota County Housing Study compared household types from the years 2000 and 2010. The study revealed the number of married households with children decreased 16% and the number of single parent and unmarried households increased 22 %. Moreover, the number of individuals who lived alone increased 16% and the number of people with non - related roommates decreased 10 %. Statistics of Renters and Vehicles. In 2009, statistics from City- Data.com showed that. the City of Eagan consisted of 5,991 renter occupied units. Of the 5,991 renter occupied units, 3,058 units had only one vehicle associated with the rental unit, meaning over half (51 %) of renter occupied units had only one car associated with the unit (please refer to http:/ /www.city- data.com/housing/houses- Eagan - Minnesota.html to review the above referenced statistics). Jade Lane Estates, Jane Lane Estates is an apartment complex managed by At Home Apartments located in the City of Eagan. The property consists of 90 units'and 128 bedrooms. Occupying those 90 units or 128 bedrooms is 127 leaseholders. As of today, the property has a total of 122 registered vehicles resulting in a 1.41 ratio of cars per unit and a.95 ratio of cars per bedroom. The property is currently 98% occupied. Comparable Cities. The City of St. Louis Park, which is comparable to the City of Eagan, requires one parking space per bedroom and ten percent of those, spaces are to be designated as guest parking. The City of Golden Valley, which is also comparable to the City of Eagan, requires one parking space per bedroom. New Development Parking, Below is a list of new development projects developed and managed by At Home Apartments where current parking needs support a 1:1 ratio rather than the 2:1 ratio that is currently required by the City of Eagan. ♦ Parkway West: a 48 unit apartment building located in Minneapolis completed in February 2013. The building currently has 45 units occupied, 65 Residents, and 53 vehicles. Therefore, the building has a 1.10 ratio of cars per unit. ♦ East River Apartments: a 44 unit apartment building located in St. Paul completed in December 2013. The building currently has 31 units occupied, 38 residents, and 33 registered vehicles. Therefore, the building has a 1.06 ratio of cars per occupied unit. West River Commons: a 53 unit apartment building located in Minneapolis completed in 2004. The building currently has 49 units occupied, 67 residents, and 55 registered vehicles. Therefore, the building has a 1.04 ratio of cars per units. Dakota County Surveyor's Office Western Service Center • 14955 Galaxie Avenue suite # 335 • Apple Valley, MN 55124 952- 891 -7087 • Fax 952- 891 -7127 • www.dakotacounty.us March 17, 2014 City of Eagan 3830 Pilot Knob Rd. Eagan, MN 55122 Re: CITY VUE COMMONS The Dakota County Plat Commission met on March 10, 2014, to consider the preliminary plan of the above referenced plat. The plat is adjacent to CSAH 28, and is therefore subject to the Dakota County Contiguous Plat Ordinance. The preliminary plat is located south of CSAH 28 (Yankee Doodle Road) and north of Town Centre Drive. The proposed commercial site includes 6 lots including redevelopment of the existing Blue Cross Blue Shield (BCBS) building into apartment units. There will be a north -south street (private driveway) connecting Town Centre Drive to the CSAH 28 /Promenade Avenue intersection. In addition, other potential internal connections to the site were discussed. An easterly connection would be located near the existing Culver's site and a westerly connection through the existing Best Buy site. The Plat Commission discussed the importance of these internal connections to avoid county road trips when possible. The right -of -way needs are 100 feet of half right of way for a six -lane roadway along CSAH 28. The plat is dedicating 40 feet to meet the right -of -way needs. Restricted access should be shown along all of CSAH 28 except for one opening across from Promenade Avenue. The Plat Commission noted that Promenade Avenue to the north south align with the private driveway into this development. It was noted that the underlying plat included restricted access along CSAH 28 except for one 60 -foot opening into the existing BCBS site. It appears that the new opening for the driveway may need to be moved or widened in the existing 60 -foot opening. The Plat Commission recommends vacating /releasing the existing restricted access from the underlying plat prior to the recording of this proposed plat. A new access opening will be determined and shown on this proposed plat prior to recording. Restricted access should be shown along all of CSAH 28 except for the one approved access opening. As discussed, the developer and City will be working with the County Traffic Department regarding the traffic study requirements prior to determining the improvements to the CSAH 28 /Promenade Avenue intersection. As noted, Cleary Lane is planned to be a restricted access in the future. The Plat Commission has approved the preliminary plat. The Ordinance requires submittal of a final plat for review by the Plat Commission before a recommendation is made to the County Board of Commissioners. No work shall commence in the County right of way until a permit is obtained from the County Transportation Department and no permit will be issued until the plat has been filed with the County Recorder's Office. The Plat Commission does not review or approve the actual engineering design of proposed accesses or other improvements to be made in the right of way. The Plat Commission highly recommends early contact with the Transportation Department to discuss the permitting process that reviews the design and may require construction of highway improvements, including, but not limited to, turn lanes, drainage features, limitations on intersecting street widths, medians, etc. Please contact Gordon McConnell regarding permitting questions at (952) 891 -7115 or Todd Tollefson regarding Plat Commission or Plat Ordinance questions at (952) 891 -7070. Sincerely, Todd B. Tollefson Secretary, Plat Commission cc: Agenda Information Memo June 17, 2104, Eagan City Council Meeting OLD BUSINESS B. Ordinance Amendment — An Ordinance Amendment to City Code Chapter 10.43 relative to false alarm regulations Action To Be Considered: Approve an ordinance amendment to City Code Chapter 10.43 relative to false alarm regulations and direct the City Attorney to publish the ordinance amendment summary. Facts: ➢ At its May 20, 2014 meeting, the Council directed preparation of an ordinance amendment relative to false alarm regulations. ➢ City Code allows for the collection of a fee for repeat false police and fire alarms. There is no charge for the first three false alarms per calendar year. Alarm system users are billed $100 for the fourth and each subsequent alarm in a calendar year. ➢ The proposed ordinance amendment exempts new alarm systems from the false alarm fee during their first 30 days of operation. This change is being suggested in anticipation of the Twin Cities Premium Outlets opening and as a result of feedback from businesses and property owners. Several neighboring cities currently provide this exemption. ➢ Per the recommendation of the City Attorney, the proposed ordinance amendment updates existing Code language to reflect advances in alarm system technology. ➢ The proposed ordinance amendment does not change the current $100 false alarm fee. Attachments: (1) OBB -1 Ordinance Amendment ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TEN ENTITLED "PUBLIC PROTECTION, CRIMES AND OFFENSES" BY AMENDING SECTION 10.43 REGARDING FIRE, BURGLARY AND SAFETY ALARM REGULATIONS AND REQUIREMENTS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99 The City Council of the City of Eagan does ordain: Section 1. Chapter 10 of the Eagan City Code is hereby amended by revising Section 10.43 to read as follows: Subd. 1. Purpose. To preserve and protect the health, safety and welfare of the citizens of Eagan, Tthis section regulates the use of fire, burglary and safety alarms and establishes a service charge for the costs to the City as a result of the Eagan Police Department and Fire Department responses to excessive false alarm calls due to a fault,, o negligently operated automatic alarm for- the purp„�° preventing the publie safay sefviees fr-eni inisuse of publie safety alarms through frequeney of false alan�ns. Subd. 2. Definitions. For the purpose of this section: Alarm user means the person or entity using and responsible for an automatic alarm systeffl to protect his-premises, regardless of whether he -the person owns or leases the syste Fpypperty. B-. Automatic alarm system-means any device or system which is designed to be used for the detection of an unauthorized person in any structure, for alerting others of the commission of an unlawful act, or for the detection of smoke, fire, heat, carbon monoxide, or other hazardous condition within a structure, and which emits a sound or transmits a signal or message when activated. and ineludes any alarm installation designed to be used for- the prevention or deteetion Automobile alarm devices shall not be considered an automatic alarm cyst€n1 —for the purposes of this Section. Audible alarm means a device designed for the detection of smoke, fire, heat, carbon monoxide, or other hazardous condition or of an unauthorized entry on the premises from which the alarm activates or generates an audible sound on or near the premises. Calendar year means the period January 1 through December 31 of each year. Q False alarm means the city's police department personnel or fire department personnel resbondina to an automatic alarm, whether it is as a result of direct contact with the alarm signal or contact by a third party reporting the activated alarm, when an emergency situation or hazardous condition did not exist. eeetffrenee E)f an alafffl in an alafm system &r a" reasen ethef than an autherized intrusion er 4tempted rebbery, or- eall to an existing fife. Subd. 3. Regulations and requirements. A. Audible alarm. All audible alarms shall meet the following requirements: 1. Every person maintaining an automatic alarm — system with an audible alarm signal shall post a notice containing the name and telephone number of a person to be notified to renderirs a response or service to such alarm system during any hour of the day or night upon activation of such alarm system. Such notice shall be posted at the main entrance to such premises or near the alarm in such a position as to be legible from the ground level adjacent to the building. This provision shall not apply to audible alarms within a single or two family residential dwelling_ 2. Alarm systems with audible alarm signals, except for fire, heat, or carbon monoxide alarms, shall have an automatic shutoff which will silence the audible alarm signal within a period not to exceed 20 minutes. B. In- houses annunciator panel. Finan ial nsfit„ *" r� Any building having an alarm system with multiple sensors shall have an in -house annunciators panel, which providesirlg specific annuneiatien enumeration of the sensors' locations, at a private monitoring location on the premises. When, in the judgment of the police department, no such private monitoring location is possible upon the premises, the requirements of this subparagraph B may be waived. C. No person shall install an alarm system or use, monitor, and possess an Operative automatic alarm system which utilizes taped or prerecorded messages whie-h—that are delivered or otherwise transmitted directly ^ telephone aiarni message to the police or fire department or the city's dispatch center, including—,—Nwe ��' � systems are pe-rmi4ed in farm, including automatic dialing transmission of the emergency number 911. Section 4. Chapter 10 of the Eagan City Code is hereby amended by revising Section 10.43, subd. 4 to read as follows: Subd. 4. .Public nuisance declared and service fee. RPM 011 �IIA111111AlIlAlAl111 Subd. 3. Regulations and requirements. A. Audible alarm. All audible alarms shall meet the following requirements: 1. Every person maintaining an automatic alarm — system with an audible alarm signal shall post a notice containing the name and telephone number of a person to be notified to renderirs a response or service to such alarm system during any hour of the day or night upon activation of such alarm system. Such notice shall be posted at the main entrance to such premises or near the alarm in such a position as to be legible from the ground level adjacent to the building. This provision shall not apply to audible alarms within a single or two family residential dwelling_ 2. Alarm systems with audible alarm signals, except for fire, heat, or carbon monoxide alarms, shall have an automatic shutoff which will silence the audible alarm signal within a period not to exceed 20 minutes. B. In- houses annunciator panel. Finan ial nsfit„ *" r� Any building having an alarm system with multiple sensors shall have an in -house annunciators panel, which providesirlg specific annuneiatien enumeration of the sensors' locations, at a private monitoring location on the premises. When, in the judgment of the police department, no such private monitoring location is possible upon the premises, the requirements of this subparagraph B may be waived. C. No person shall install an alarm system or use, monitor, and possess an Operative automatic alarm system which utilizes taped or prerecorded messages whie-h—that are delivered or otherwise transmitted directly ^ telephone aiarni message to the police or fire department or the city's dispatch center, including—,—Nwe ��' � systems are pe-rmi4ed in farm, including automatic dialing transmission of the emergency number 911. Section 4. Chapter 10 of the Eagan City Code is hereby amended by revising Section 10.43, subd. 4 to read as follows: Subd. 4. .Public nuisance declared and service fee. A. More than three Pfalse alarms within a calendar year are declared to be a public nuisance. and the eharges imposed upen the alarm usep for exeeeding the limit for false alarms per ealendar- year- fflay be assessed in aeeerdanee with pfeeedufes established for eity ser-viees- .a pub.lie „L. -tev ffient sot f r[th! in this eh to B. A service fee shall be imposed upon the alarm user of any automatic alarm and the property owner of the premises on which the automatic alarm is located for the fourth false alarm and each false alarm thereafter within a calendar year. The fee shall be in the amount duly adopted by Council resolution. C. The service fee shall be imposed regardless of whether the city's Police Department or Fire Department receives the alarm by direct connection or through any intermediary such as a central station. No fee is imposed under this section when notification to either department is made directly y a person not as a result of or in response to an activated automatic alarm. D. The property owner and alarm user shall be personally liable for any service fee imposed under this section. Payment of fees under this section shall be made to the city within 30 days after mailing the invoice. Payments not made within 30 days are delinquent and subject to a late penalty of 10% of the amount due. All unpaid fees and penalties shall become a lien against the property on which the automatic alarm is located and shall be certified by the City Clerk to the County Treasurer- Auditor each year as a special assessment in accordance with the statutes of the state. E. A newly installed automatic alarm systems shall be exempt from the provisions of this Section for a period of 30 days from the date of installation in order to allow for proper testing and troubleshooting of the system. Section 2. Summary approved. The City Council hereby determines that the text of the summary marked "Official Summary of Ordinance No. ", a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The City Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. Section 3. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation "' and Section 10.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 4. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: By: Christina M. Scipioni Its: City Cleric Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: CITY OF EAGAN City Council By: Mike Maguire Its: Mayor The following is the official summary of Ordinance No. as approved by the City Council of the City of Eagan on ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TEN ENTITLED "PUBLIC PROTECTION, CRIMES AND OFFENSES" BY AMENDING SECTION 10.43 REGARDING FIRE, BURGLARY AND SAFETY ALARM REGULATIONS AND REQUIREMENTS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99 Section 10.43 is amended to update terms and language for current alarm technology and to clarify the process and enforcement of improved false alarm fees. A printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk at the Eagan Municipal Center, 3830 Pilot Knob Road, Eagan, Minnesota 55122. Effective date. This ordinance shall take effect upon its passage and publication.