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08/19/2014 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING AUGUST 19, 2014 6:30 P.M. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS A. RECOGNITION of Steve Hadden for 28 years working for the City of Eagan 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. APPROVE Resolution approving Special Law regarding Tax Increment Financing regarding the Cedar Grove Redevelopment TIF District E. APPROVE Limited Use Permit with MnDOT —Trail on TH 13 (Silver Bell Road to Blackhawk Road) F. APPROVE City Contract 14 -17, Citywide Traffic Signal Painting G. PROHIBIT Parking on Alder Lane (west side from Silver Bell Road to 200 feet south) H. APPROVE Change Order #1, Contract 14 -04, TH 55/ TH 149 Safety & Capacity Improvements I. AUTHORIZE Submittal of Comments in Support of Metro Transit Application for Counties Transit Improvement Board (CTIB) Funding for Cedar Grove Transit Station Improvements J. AUTHORIZE Staff to Negotiate Contingent Lease Agreement for Temporary Use of the Former Fire Administration Building K. APPROVE Exempt Permit for the Northern Star Council Boy Scouts of America to hold a raffle on September 4, 2014 at the West End Fishing and Hunting Club L. APPROVE the July 1, 2014 to July 1, 2015 General Insurance Renewal M. APPROVE a Resolution to Accept Donation for Purchase of Portable Sound System from Honeywell N. APPROVE Plans and Specifications for Cascade Bay pump house improvements 0. APPROVE a Resolution to ratify and execute the Agreement to Consolidate Public Transit Services and the Third Amended and Restated Joint Powers Agreement P. AUTHORIZE Preparation and Submittal of Comments to FCC Q. DIRECT Preparation of City Code Amendments to permit and license indoor gun ranges V. PUBLIC HEARINGS VI. OLD BUSINESS A. PRELIMINARY SUBDIVISION and a PLANNED DEVELOPMENT AMENDMENT— Chick- fil -A- Eagan Promenade 4th Addition - A Preliminary Subdivision to create two lots and a Planned Development Amendment to allow construction of a restaurant with drive through service located at 3380 Denmark Avenue B. PRELIMINARY PLANNED DEVELOPMENT- City Vue Commons/ Interstate Partners — Request to modify conditions of approval VII. NEW BUSINESS A. REZONING, PLANNED DEVELOPMENT AMENDMENT, and FINAL PLAT— Holiday Inn Express and Suites - a Rezoning from LB, Limited Business to PD, Planned Development, a Planned Development Amendment to allow a 4 -story hotel, and a Final Plat to combine four parcels into one lot, located at 3434 Washington Drive 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 City of EaRan Wo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR OSBERG DATE: AUGUST 15, 2014 SUBJECT: AGENDA INFORMATION FOR AUGUST 19, 2014 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the August 19, 2014 City Council agenda, the following items are in order for consideration. Agenda Information Memo August 19, 2014, Eagan City Council Meeting RECOGNITIONS AND PRESENTATIONS A. Recognition of Steve Hadden for 28 Years Working For The City Of Eagan. Facts: Steve began employment with the City of Eagan April 28, 1986. His last day of will be August 29, 2014. ➢ As a Parks Maintenance Worker Steve has worn many hats and has had the ability to capably fill in wherever needed. ➢ Steve has been instrumental in developing a preventative maintenance program for park buildings to ensure that all systems are operating efficiently reducing the need for expensive repairs and saving energy. ➢ He has taken the lead role in numerous building repairs and renovation projects both indoor and out, including calculating material needs and obtaining the best pricing available, he has also installed many park amenities including bridges, benches and athletic standards. ➢ He has a special talent for wood working and detail and has built many of the storage and display furnishings used throughout the City. ➢ Steve has been responsible for surveying and laying out the many athletic fields used by youth and adult teams throughout the City, often finding a way to squeeze in that extra field where none had been before to accommodate more teams. ➢ In the winter Steve has filled in on numerous plow routes and has been instrumental in the development and maintenance of winter rinks. Tonight's presentation serves as a formal recognition by the Mayor and Council of the 28 years of service Steve Hadden has provided to the City of Eagan. ➢ A plaque will be presented to Mr. Hadden in honor of this recognition. Attachments: (0) Agenda Information Memo August 19, 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 August 4, 2014 regular City Council meeting as presented or modified. Attachments: (1) CA -1 August 4, 2014 Minutes MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota AUGUST 4, 2014 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire and Councilmembers Bakken, Fields, and Hansen. Councilmember Tilley was absent. Mr. Pietsch, 4275 Dodd Road, addressed the Council regarding his home occupation and the speed of traffic on Dodd Road. The Council discussed the Home Occupation rules and asked staff to follow up with Mr. Pietsch. A regular meeting of the Eagan City Council was held on Monday, August 4, 2014 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, and Hansen. Councilmember Tilley was absent. Also present were City Administrator Osberg, Assistant City Administrator Miller, Director of Finance Pepper, Director of Community Development Hohenstein, City Planner Ridley, Director of Public Works Matthys, Police Chief McDonald, Director of Parks & Recreation Johnson, and Executive Assistant Stevenson. Mayor Maguire took a moment to comment on the fatal shooting of Officer Scott Patrick that occurred on July 30, and passed along sympathies to the Mendota Heights community and Officer Patrick's family. Mayor Maguire also noted the passing of Alyce Bolke, Eagan's first Clerk of the Eagan Township; she was appointed in July 1961. AGENDA Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye:4 Nay :0 RECOGNITIONS AND PRESENTATION There were no recognitions or presentations to be heard. CONSENT AGENDA Councilmember Fields moved, Councilmember Hansen seconded a motion to approve the Consent Agenda as amended: Aye: 4 Nay: 0 A. It was recommended to approve the minutes of July 15, 2014 regular City Council meeting. B. Personnel Items 1. It was recommended to accept the resignation of Karen Grimm, Animal Control Officer, and authorize hiring her replacement. 2. It was recommended to approve the hiring of Dakota Kenyon, Fitness Coordinator at the Eagan Community Center. 3. It was recommended to approve the reclassification of Alexandra O'Leary, Accountant, from Level 9 to Level 11. City Council Meeting Minutes August 4, 2014 2 page 4. It was recommended to approve the reclassification of the City Clerk from Level 10 to Level 11. 5. It was recommended to approve the hiring of Casey Cayer, Volunteer Firefighter /Dorm Program. 6. It was recommended to approve the hiring of Seasonal /Temporary Employees in Parks & Recreation and Community Development. C. It was recommended to approve the check registers dated July 18 and July 25, 2014. D. It was recommended to approve a resolution to accept a donation of $100 from an Eagan resident for the Fire Department and authorize the necessary budget adjustments. E. It was recommended to submit a letter of intent to cooperate in the Fire and Rescue Shared Services Feasibility Study Grant Program Application. F. It was recommended to appoint City representatives to the LOGIS Board of Directors. G. It was recommended to adopt a proclamation recognizing August 5, 2014, as "National Night Out" in Eagan. H. It was recommended to adopt a-resolution and authorize an agreement to accept a $21,490 grant from the Minnesota Department of Commerce and authorize a corresponding budget adjustment. I. It was recommended to approve the Police Liaison Services Agreement between the City of Eagan and Independent School District (ISD) 196. J. It was recommended to approve a contract with Velocity for a fiber rental agreement for a temporary connection. K. It was recommended to approve a service agreement with Dakota Electric Association — Central Maintenance Facility. L. It was recommended to approve Contract 14 -14, Cedar Grove Parking Garage & Redevelopment District Facility Management Services. M. It was recommended to approve Change Order No. 1 to Contract No. 14 -16 (Blackhawk Middle School Stormwater Management) and authorize the Mayor and City Clerk to execute all related documents. N. It was recommended to receive the petition to vacate public drainage and utility easements on Lot 1, Block 1, Town Centre 100 First Addition, Outlot A, Town Centre 100 Twelfth Addition, and Lot 2, Block 1, Eagan Place 4th Addition, and schedule a public hearing to be held on September 2, 2014. 0. It was recommended to accept the resignation of Richard Arneson from the Energy and Environment Advisory Commission and appoint alternate Aditya Jayam Prabhakar to complete the term in place of Richard Arneson. P. It was recommended to approve a resolution to accept a donation for the Puppet Wagon show from Edible Arrangements. Q. It was recommended to authorize application of a grant from the Minnesota Association for Volunteer Administration (MAVA) Small Grant for starting or enhancing a City Volunteer Program. R. It was recommended to approve the completion of Project 07 -0, Marsh Cove Final Acceptance. S. It was recommended to approve a temporary On -Sale 3.2 Percent Malt Liquor (Beer) License and waive the license fee for All Saints Lutheran Church's community gathering on August 20, 2014 at 3810 Lexington Avenue South. T. It was recommended to approve an Exempt Permit for the Eastview Community Foundation to hold a raffle on September 28, 2014 at the Eagan Community Center. City Council Meeting Minutes August 4, 2014 3 page U. It was recommended to schedule a public hearing date for September 2, 2014 to certify delinquent utility bills. V. It was recommended to reschedule the August 14, 2014 Special City Council start time from 8:45 a.m. to 8:00 a.m. W. It was recommended to approve Interconnection /Transformer Agreement with Dakota Electric Association —Central Maintenance'Facility. X. It was recommended to schedule a public hearing date for September 2, 2014 to certify delinquent nuisance abatement bills. Mayor Maguire recognized Tuesday, August 5, 2014, as "National Night Out" in the City of Eagan. Police Chief McDonald noted there are 173 registered block parties for National Night Out. Chief McDonald reminded residents to lock your doors, turn on your lights, and go outside and meet your neighbors. Councilmember Bakken pulled for separate action Items K and W - agreements with Dakota Electric Association. Councilmember Fields moved, Councilmember Hansen seconded the motion to approve Items K and W. Aye: 3 Nay: 0. Councilmember Bakken abstained due to his association with the Dakota Electric Board of Directors. PUBLIC HEARINGS LOT 2, BLOCK 1, EAGANDALE OFFICE PARK 5T" ADDITION EASEMENT VACATION City Administrator Osberg noted the action before the Council would allow the vacation of drainage and utility easements located on Lot 2, Block 1, Eagandale Office Park 5th Addition to coincide with action on the proposed Eagandale Office Park 6th Addition final subdivision. Director of Public Works Matthys gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Bakken seconded the motion to close the public hearing and continue action on the vacation of drainage and utility easements located on Lot 2, Block 1, Eagandale Office Park 5th Addition to coincide with action on the proposed Eagandale Office Park 6th Addition final subdivision and authorize the Mayor and City Clerk to execute all documents. Aye: 4 Nay: 0 PUBLIC HEARINGS CONDITIONAL USE PERMIT AND VARIANCE — HOYT PROPERTIES City Administrator Osberg noted the parcel is zoned Limited Industrial (1 -1), located at 3771 Sibley Memorial Highway. Osberg noted there are two items to consider a Conditional Use Permit to allow outdoor storage of steel poles, storage pallets, small trailers, repair equipment and 2 roll off dumpsters, and a Variance of 20' to allow parking at the property line for property located at 3771 Sibley Memorial Highway. City Planner Ridley gave a staff report. Jim Kellison, representing Hoyt Properties, thanked City staff for working with Hoyt, and provided a summary of the request and stated he was available for questions. City Council Meeting Minutes August 4, 2014 4 page Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve a Conditional Use Permit (CUP) to allow outdoor storage of steel poles, storage pallets, small trailers, repair equipment and 2 roll off dumpsters at 3771 Sibley Memorial Highway, 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. 2. The applicant shall replat the parcels into one lot prior to December 31, 2014. 3. The outdoor storage shall be limited to the storage of the items, quantities and locations set forth on the Site Plan and as described in the applicant's narrative both received on June 4, 2014. 4. The storage area shall be maintained in an orderly fashion. 5. The applicant shall remove the existing parking lot asphalt from the public right -of -way and establish the parking lot setback of 20 feet; install concrete curb and gutter along the perimeter of the new parking lot boundary, and restore the boulevard, in a manner acceptable to the City Engineer prior to December 31, 2014. The applicant shall obtain a right -of -way permit from the City prior to performing any work within the right -of -way. 6. The applicant shall also restripe the parking lot with parking stalls in accordance with City Code requirements prior to December 31, 2014. 7. The address shall be changed to Seneca Road at the time of Final Plat and the owner shall work with City staff to determine an appropriate address for the building. 8. The storage area shall be fenced and continuously screened from the right -of -way. The fence and screening shall be kept in a good and undamaged condition. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Variance to allow parking at the property line, for property located at 3771 Sibley Memorial Highway, 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. The applicant shall install concrete curb and gutter along the perimeter of the new parking lot boundary, and restore the boulevard, in a manner acceptable to the City Engineer prior to December 31, 2014. The applicant shall obtain a right -of -way permit from the City prior to performing any work within the right -of -way. 3. The applicant shall restripe the parking lot with parking stalls in accordance with City Code requirements prior to December 31, 2014 as shown on the Site Plan received July 9, 2014. 4. The asphalt located between the two existing western most concrete driveway aprons shall also be removed from the right -of -way and be restored in a manner acceptable to the City Engineer prior to December 31, 2014. City Council Meeting Minutes August 4, 2014 5 page OLD BUSINESS There were no old business items to be heard. NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT FOR EAGANDALE OFFICE PARK 6T" ADDITION City Administrator Osberg noted the applicant is asking for the Council to consider a Planned Development Amendment to modify the site plan to allow just one future building upon property located at 1335 -1345 Corporate Center Curve. City Planner Ridley gave a staff report. Andy Manthei, KW Commercial Midwest, was available for questions. The Council discussed the planned development amendment request. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded the motion to approve a Planned Development Amendment to modify the site plan to allow just one future building upon property located at 1335 -1345 Corporate Center Curve, subject to the following conditions: Aye: 4 Nay: 0 1. An Amendment to the Final Planned Development Agreement shall be executed and the PD Amendment Agreement shall be recorded against the property with the Plat. 2. The property shall be platted. 3. Cross - easements for ingress /egress and shared parking shall be executed in a form acceptable to the City Attorney. 4. Cash park and trail dedications shall be paid prior to release of the Eagandale Office Park 6th Addition plat for recording. 5. Prior to issuance of a grading or building permit for future development, the developer should demonstrate compliance with City Code standards then in effect for post construction stormwater management, including runoff rate control, water quality and volume control. 6. The developer shall be responsible to obtain any outside agency permits as necessary for completion of the site improvements. 7. This PD Amendment is intended to supplement and amend the prior Final Planned Development Agreement. All other terms and conditions of the Final Planned Development Agreement shall remain in full force and effect. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative /intergovernmental affairs update to be heard. ADMINISTRATIVE AGENDA City Council Meeting Minutes August 4, 2014 6 page CITY COUNCIL Mayor Maguire noted National Night Out is tomorrow August 5t" and encouraged residents to get outside and meet their neighbors. DIRECTOR OF COMMUNITY DEVELOPMENT Director of Community Development Hohenstein noted the Twin Cities Premium Outlets Grand Opening is Thursday, August 14 with the Ribbon Cutting Ceremony at 9:30 a.m. and stores opening at 10:00 a.m. There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Bakken moved, Councilmember Hansen seconded a motion to adjourn the meeting at 7:20 p.m. Aye: 4 Nay: 0 Date Mayor City Clerk Agenda Information Memo August 19, 2014 Eagan City Council Meeting CONSENT AGENDA B. Personnel Items Item 1 Action to be Considered: Approve Telework Agreement between the City of Eagan and Gina Dwyer Facts: ➢ Payroll Specialist, Gina Dwyer is relocating to a location that is not conducive to commuting. She has made a request to work remotely. ➢ Finance and Administration have carefully reviewed the request and are asking the Council to enter into an agreement that would allow for an opportunity to pilot the Telework Program for up to 12 months with an option to withdraw or continue. ➢ The work performed by the Payroll Specialist is transactional by nature. All essential job functions and other related work performed may be completed via email, internet /internet or telephone. ➢ This position has little, to no interaction with the public. An employee communication plan is being created to ensure internal customer service is maintained at the highest level. ➢ The payroll system is a web -based program and can be accessed anywhere. ➢ A copy of the Agreement is on file in the City Administrator's Office. Attachments: (0) Item 2 Action to be Considered: Approve the hiring of Seasonal /Temporary Employees in Parks & Recreation and Utilities: Name Division Job Title Anderson, Luke Cascade Bay Guest Relations Crew Anderson, Taylor Cascade Bay Guest Relations Crew Las, Quinn Cascade Bay Guest Relations Crew Nelson, Katelyn Cascade Bay Guest Relations Crew Leonetti, Robert Utilities GIS Seasonal Agenda Information Memo August 19, 2014 Eagan City Council Meeting CONSENT AGENDA C. Ratify Check Registers Action To Be Considered: To ratify the check registers dated August 1, and August 8, 2014 as presented. Attachments: (2) CC -1 Check register dated August 1, 2014 CC -2 Check register dated August 8, 2014 Agenda Information Memo August 19, 2014, Eagan City Council Meeting CONSENT AGENDA D. Approve Resolution Approving Special Law Regarding Tax Increment Financing regarding the Cedar Grove Redevelopment TIF District Action To Be Considered: To approve a resolution approving the special law enacted in the 2014 Legislative regarding Tax Increment Financing in regard to the Cedar Grove Redevelopment TIF District. Facts: During the 2014 Legislative Session, the City requested approval of a special law to permit modifications of the Cedar Grove Redevelopment District to offset the delay in redevelopment activity in the area related to the recession. ➢ The Legislature passed and the Governor signed special legislation as part of the Omnibus Tax Bill, which would extend the term of the Cedar Grove TIF District by an additional three years from 2029 to 2032, extend the timeline for eligible expenditures from July, 2013 to July, 2016 and unfreeze the tax rate by which the increment is calculated to offset the effect of diminished tax base values caused by the recession. ➢ In order for the Law to take effect, the City, County and School District must all pass resolutions approving the law. The City's action is before the Council at this time. Staff will coordinate actions with the County and School District to follow. Attachments: (1) CD -1 Resolution Approving Special Law RESOLUTION APPROVING SPECIAL LAW REGARDING TAX INCREMENT FINANCING WHEREAS, a special law related to tax increment financing was passed for the City of Eagan during the 2014 regular legislative session in Chapter 308, Article 6, Section 7 of the Minnesota Session Laws, which reads as follows: Sec. 7. CITY OF EAGAN; TAX INCREMENT FINANCING. (a) Effective for taxes payable in 2015, the city of Eagan may elect to compute tax increment for the Cedar Grove Tax Increment Financing District using the current local tax rate, notwithstanding the provisions of Minnesota Statutes, section 469.177, subdivision 1 a. (b) The requirements of Minnesota Statutes, section 469.1763, subdivision 3, that activities must be undertaken within a five -year period from the date of certification of a tax increment financing district, is considered to be met for the Cedar Grove Tax Increment Financing District in the city of Eagan if the activities are undertaken within 13 years from the date of certification of the district. (c) Notwithstanding the provisions of Minnesota Statutes, section 469.176, subdivision lb, or any other law to the contrary, the city of Eagan may collect tax increment from the Cedar Grove Tax Increment Financing District through December 31, 2032. EFFECTIVE DATE. Paragraphs (a) and (b) are effective upon compliance by the governing body of the city of Eagan with the requirements of Minnesota Statutes, section 645.021, subdivision 3. Paragraph (c) is effective upon compliance by the governing bodies of the city of Eagan, Dakota County, and Independent School District No. 191 with the requirements of Minnesota Statutes, sections 469.1782, subdivision 2, and 645.021, subdivision 3. ( "Special Legislation "); and WHEREAS, pursuant to Minnesota Statutes Section 645.021, paragraphs (a) and (b) of the Special Legislation takes effect upon filing a certificate with the Minnesota Secretary of State evidencing approval of the special legislation by the Eagan City Council; and WHEREAS, pursuant to Minnesota Statutes Sections 469.1782 and 645.021, paragraph (c) of the Special Legislation takes effect upon filing a certificate with the Minnesota Secretary of State evidencing approval of the special legislation by the Eagan City Council, Dakota County Board of Commissioners and the Board of Education for Independent School District 191, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Eagan, Dakota County, Minnesota, that the Special Legislation is hereby approved in accordance with Minnesota Statutes Sections 469.1782 and 645.021. ADOPTED this day of , 2014. Mike Maguire, Mayor ATTEST: Christina M. Sciploni, City Cleric Agenda Information Memo August 19, 2014, Eagan City Council Meeting CONSENT AGENDA E. TH 13 Limited Use Permit Action To Be Considered: Request a Limited Use Permit from the Minnesota Department of Transportation (MnDOT) for the existing bituminous trail along Trunk Highway (TH) 13, from Silver Bell Road to Blackhawk Road, and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ The multi -use bituminous trail on the east side of TH 13, from Silver Bell Road to Blackhawk Road, was originally constructed in 2001 as part of Contract 00 -07 (TH 13 /Blackhawk Road — Divided Four -Lane Upgrade). ➢ MnDOT allowed construction of the trail in MnDOT right of way via Right -of -Way Permit M -US -00 -0356 with a condition that a Limited Use Permit be obtained. ➢ To date, a Limited Use Permit has not been obtained. MnDOT has recently requested the execution of a Limited Use Permit to conform to the conditions of the original Right -of -Way permit. ➢ Approval of the resolution will allow the City to request a Limited Use Permit from MnDOT and comply with the original conditions of the Right -of -Way permit. Attachments: (1) CE -1 Resolution RESOLUTION NO.___ A LIMITED USE PERMIT WITH THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION FOR A PEDESTRIAN TRAIL IN THE RIGHT -OF -WAY OF TRUNK HIGHWAY NO. 13 (from Silver Bell Road to Blackhawk Road) WHEREAS, The City of Eagan is a political subdivision, organized and existing under the laws of the State of Minnesota; and, WHEREAS, the City Council of the City of Eagan has approved a plan to construct a pedestrian trail in the right -of -way of Trunk Highway 13 (from Silver Bell Road to Blackhawk Road) to promote the orderly and safe crossing of the highway; and, WHEREAS, the State of Minnesota, Department of Transportation required a Limited Use Permit for the construction and utilization of said pedestrian trial. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Eagan hereby requests a Limited Use Permit with the State of Minnesota, Department of Transportation for the following purposes: To construct, operate and maintain a pedestrian trail within the right -of -way of Trunk Highway 13 of the State of Minnesota. The City of Eagan shall construct, operate and maintain said trail in accordance with the Limited Use Permit granted by the Minnesota Department of Transportation. NOW, THEREFORE, BE IT FURTHER RESOLVED, upon the consent of the State of Minnesota, Department of Transportation, that the City Council and the Mayor are authorized to execute the Limited Use Permit and any amendments to the Permit. The City Council of the City of Eagan adopted this Resolution on the 19th day of August, 2014, by a vote of Ayes and Nays. (SEAL) Christina M. Scipioni, City Clerk Mike Maguire, Mayor I hereby certify that the foregoing Resolution is a true and correct copy of a Resolution presented to and adopted by the City Council of Eagan at a duly authorized meeting thereof held in the City of Eagan, Minnesota, on the 4th day of August, 2014, as disclosed by the records of said City in my possession. Christina M. Scipioni, City Clerk Agenda Information Memo August 19, 2014 Eagan City Council Meeting CONSENT AGENDA F. Contract 14 -17, Citywide Traffic Signal Painting Action To Be Considered: Receive the bids and award Contract 14 -17 (Citywide Traffic Signal Painting) to OLS Restoration, Inc., for the Base Bid in the amount of $16,730.00, and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Contract 14 -17 provides for the reconditioning and painting of City -owned or maintained traffic signals located at the following intersections: • TH 13 and Blackhawk Road (MnDOT own /City maintain) • TH 13 and Silver Bell Road (MnDOT own /City maintain) • Cliff Lake Road and Target store entrance (City own) ➢ On June 4, 2013, the City Council approved the 5 -year Capital Improvement Plan for Public Works Infrastructure, Part III (2014 -2018) and authorized the initiation of the public improvement process for the 2014 programmed improvements. ➢ On August 11, 2014, three bids were received for this project. A copy of the bid summary is enclosed. ➢ All bids have been reviewed for compliance with the specifications and accuracy on unit price extensions and summations. The bid from OLS Restoration, Inc. has been reviewed by the Public Works Department (Transportation & Operations Division) and found to be in order for favorable Council action. Attachments: (1) CF -1 Bid Summary BID SUMMARY 2014 TRAFFIC SIGNAL PAINTING CITY CONTRACT 14 -17 Bid Date: Monday, August 11, 2014 Bidders Total Base Bid 1. OLS Restoration, Inc $ 16,730 2. Aerial Painting $ 26,460 3. Pole Painting Plus $ 45,000 v g yLow;B`ase��d u Bstimate %ever %Uridr $16,730 111 1 Agenda Information Memo August 19, 2014 Eagan City Council Meeting CONSENT AGENDA G. Alder Lane - No Parking Action To Be Considered: Approve the prohibition of parking on the west side of Alder Lane (from Silver Bell Road to 200 feet south) and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ On July 29, 2014, a petition was received from representatives of Keystone Communities of Eagan (3810 Alder Lane), requesting a no- parking designation on the west side of Alder Lane (from Silver Bell Road to 200 feet south). ➢ The petitioners' stated purpose of the no- parking request is to prohibit parking on the west side of that segment of Alder Lane, to provide for a wider driving lane for emergency vehicle access. ➢ A letter was sent to the representatives of the single- family property (3830 Alder Lane) and the high density residential property (Ballantrae Apartments) adjacent to Alder Lane informing them of the proposed parking restrictions and the City Council's consideration at the August 19, 2014, Council meeting. No objections have been received to date. ➢ The proposed parking restriction has been reviewed by the Public Works Department and found to be in order for favorable Council action. Attachments: (1) CG -1 Location Map CG -2 Resolution Alder Lane - No Parking Petition CITY OF EAGAN A RESOLUTION RELATING TO PARKING RESTRICTIONS ON ALDER LANE THIS RESOLUTION, passed this 191h day of August, 2014, by the City of Eagan in Dakota County, Minnesota. The Municipal corporation shall hereinafter be called the "City." WITNESSETH: WHEREAS, it is desirable for the City to restrict parking on the streets to allow for the utilization of the available street width, as needed, to provide for any unexpected occurrences. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Eagan shall prohibit parking of motor vehicles on the east side of the entire length of Alder Lane. DATED this 19th day of August, 2014 Mike Maguire, Mayor ATTEST: Christina M. Scipioni, City Clerk CERTIFICATION State of Minnesota County of Dakota City of Eagan I hereby certify that the foregoing Resolution is a true and correct copy of a Resolution presented to and adopted by the City Council of Eagan at a duly authorized meeting thereof held in the City of Eagan, Minnesota, on the 19th day of August, 2014, as disclosed by the records of said City in my possession. Christina M. Scipioni, City Clerk Agenda Information Memo August 19, 2014, Eagan City Council Meeting CONSENT AGENDA H. Contract 14 -04, TH 55 /TH 149 Safety and Capacity Improvements Action To Be Considered: Approve Change Order No. 1 to Contract 14 -04 (TH 55/149 Safety and Capacity Improvements) and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ The City of Eagan is the lead agency in partnership with the Minnesota Department of Transportation for Contract 14 -04 which provides transportation, safety and capacity improvements to 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). The improvements include grading, bituminous surfacing, drainage, utilities, retaining wall, signals and ADA improvements of state highways. ➢ Change Order No. 1 provides for traffic signal modifications at the TH 149/Blue Gentian Rd /Northwest Pkwy intersection to accommodate dual left -turns for eastbound traffic. (ADD $10,051.32) ➢ The change order provides for a total ADD of $10,051.32 (0.2% of original contract). The cost of the additional work will be the responsibility of the City's Major Street Fund. ➢ This Change Order has been reviewed by the Public Works Department (Engineering Division). The associated costs have been determined to be consistent with bid prices received for relevant bid items on other similar projects within the region and the change order is in order for favorable Council action. Attachments: (0) Agenda Information Memo August 19, 2014, Eagan City Council Meeting CONSENT AGENDA I. Authorize Submittal of Comments in Support of Metro Transit Application for Counties Transit Improvement Board (CTIB) Funding for Cedar Grove Transit Station Improvements Action To Be Considered: To authorize the Submittal of Comments in Support of Metro Transit Application for Counties Transit Improvement Board (CTIB) Funding for Cedar Grove Transit Station Improvements. Facts: ➢ Dakota County, Metro Transit, MVTA, MnDOT and the Cities along the Red Line Bus Rapid Transit route cooperated in a study and recommendation for improvements to the Cedar Grove Transit Station to enhance bus service through the Metro Red Line BRT. ➢ The approved alternative would provide for the construction of a transit platform in the median of TH 77 /Cedar Avenue with a pedestrian overpass connection to the current Cedar Grove Transit Station and park and ride lot. The improvement will permit BRT buses to remain in the transit corridor and reduce stop times at the station, which will speed overall operation of the line from the Mall of America to the Apple Valley Station and points in between. At this time, Metro Transit and Dakota County are cooperating in the submittal of a $10 million application to the Counties Transit Improvement Board for funding for the proposed improvements. The City of Eagan and other stakeholders have been asked to consider submitting letters of support for the funding. ➢ In consideration of the substantial relationship between the effectiveness and efficiency of transit service in this area and the needs of residents, shoppers and employees coming to and from the Cedar Grove Transit Station, the City of Eagan has taken actions to support funding efforts for the project in the past. It is proposed that the same action for support be authorized at this time. Attachments: (0) Agenda Information Memo August 19, 2014, Eagan City Council Meeting CONSENT AGENDA J. Authorize Staff to Negotiate Contingent Lease Agreement for Temporary Use of the Former Fire Administration Building Action To Be Considered: To authorize staff to negotiate a contingent lease agreement for temporary use of the former Fire Administration Building at 3795 Pilot Knob Road. Facts: ➢ Staff has been approached by representatives of the Dougherty, Molenda, Solfest, Hills and Bauer Law Firm, with a request to consider a short term lease for the firm to occupy the former Fire Administration Building at 3795 Pilot Knob Road for a period of two to six months, as they pursue long term lease negotiations at another location. ➢ As a matter of transparency, DMSHB serves as the Eagan City Attorney, but the lease agreement would need to be an arms - length transaction for market rent and terms. ➢ If this authorization is provided, the lease document would be placed on a future Council agenda for formal action. Attachments: (0) Agenda Information Memo August 19, 2014, Eagan City Council Meeting CONSENT AGENDA K. Approve Exempt Permit for the Northern Star Council Boy Scouts of America to hold a raffle on September 4, 2014 at the West End Fishing and Hunting Club Action To Be Considered: To adopt a resolution approving an Exempt Permit for the Northern Star Council Boy Scouts of America to conduct a raffle on September 4, 2014 at the West End Fishing and Hunting Club, 4899 Brooklyn Lane. Facts: ➢ The Northern Star Council Boy Scouts of America has applied for an Exempt Permit with the Gambling Control Board to hold a raffle as listed above. ➢ All requirements for the application have been met and staff deems it in order for approval. Attachments: (1) CK -1 Resolution RESOLUTION NO. _ CITY OF EAGAN APPLICATION FOR EXEMPT PERMIT NORTHERN STAR COUNCIL BOY SCOUTS OF AMERICA WHERAS, the Northern Star Council Boy Scouts of America has applied for an Exempt Permit to conduct a raffle on September 4, 2014; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approved the Exempt Permit for the Northern Star Council Boy Scouts of America to conduct a raffle on September 4, 2014 at 4899 Brooklyn Lane. Motion by: Seconded by: Those in favor: Those against: Date: August 19, 2014 CERTIFICATION CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: 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 19th day of August, 2014. City Clerk Agenda Information Memo August 19, 2014 Eagan City Council Meeting CONSENT AGENDA L. Approve the July 1, 2014 to July 1, 2015 General Insurance Renewal Action To Be Considered: To approve the general insurance renewal, with $50,000 deductible per occurrence and $150,000 aggregate deductible, for the period July 1, 2014 to July 1, 2015. Background: ➢ The City has received renewal information for the general insurance coverage. The renewal proposal options were presented to staff by Ron Youngdahl and Carl Bennetsen of Northern Capital Insurance Group, the City's insurance representative. ➢ General insurance coverage includes buildings and contents, equipment, automobile, general liability and other small areas of risk exposure. ➢ Official quotations were not solicited, but other markets have been reviewed through the years. The general conclusion is that no other providers can match the League of Minnesota Cities Insurance Trust (LMCIT) for both price and coverages. Consequently, only the quote from LMCIT is presented for consideration. ➢ As in the past, the quote comes a couple months into the coverage period due to processing delays at LMCIT; however, appropriate coverage was bound and has been maintained since July 1, 2014. ➢ Maintaining the same deductibles as in the prior year ($25,000 per occurrence, $150,000 aggregate) would have resulted in a premium of $425,362, an increase of $51,703, or 13.8 %, over the 2013 -14 premium of $373,659. The increase is due to a less favorable experience rating modifier for the City based on claims over the past three years, new coverage due to the parking garage and AccessEagan fiber, increased value assigned to replacement cost on all city assets, and generally higher LMCIT rates. ➢ An option provided by LMCIT is to increase the per- occurrence deductible from $25,000 to $50,000, while maintaining the same $150,000 aggregate deductible, which would generate a premium of $370,936, or $2,723 less than last year's premium. ➢ Because of favorable claims experience over the long run, the City has accumulated approximately $1.3 million in its Risk Management Fund, which could absorb potentially higher deductible expenditures due to the increased per- occurrence deductible. ➢ Therefore, it is staff's recommendation to opt for an increase to the per- occurrence deductible from $25,000 to $50,000 (premium cost of $370,936) to maintain essentially the same overall premium as last year. ➢ Per Council action taken on May 5, 2014, the renewal includes not waiving the monetary limit on tort liability. Attachments: (1) CL -1 Premium Summary prepared by Northern Capital CITY OF EAGAN LMCIT PREMIUM. SUMMARY 07/01/14 to 07/01/15 I COVERAGES PREMIUMS PREMIUMS 2013 -2014 2014 -2015 Property $116,903 $112,924 Mobile Property I ®- ®— $10,057 $8,206 Equipment Breakdown T $18,345 I $21,489 Municipal Liability �— $180,163 r : $181,617 1 Automobile 1 $46,115 $44,495 Crime Included Included Faithful Performance Bond $1,851 $1,980 Petrofund I Included IJ Included Fireworks $225 $225 rNo Fault Sewer Back Up Limit - Not Covered r Not Covered TOTAL PROPERTY CASUALTY PACKAGE / ; 1 $373,659 —� $370,936 Open Meeting Law I Included Included Liquor Liability Not Covered- Not Covered FExcess Liability Not Covered Not Covered .._ ._ ._ _._ I TOTAL PREMIUM - _� _ .,_..._ _ _s _ _.__ $373,659 I_. 370,936 Notes: Deductible change resulting in $54,426 premium reduction: 2013 -2014 @ $25,000 per occurrence /$150,000 annual aggregate/ $1,000 thereafter; except for $5,000 deductible Equipment Breakdown and Bond. 2014 -2015 changed to $50,000 per occurrence, other deductibles no change. 2. Property —Total replacement value increased from $143,539,495 to $168,144,879: a. LMCIT Replacement Cost Factor approximately 2% increase. b. Addition of- i. Parking Garage Builders Risk $19,247,400 coverage. ii. Citywide Fiber Cable $2,040,000 coverage. 3. Municipal Liability costs increased due to the new LMCIT rating process with stronger emphasis on Land Use, Police Related and Employment Related exposures: a. Experience Rating Modifier (applied to Municipal & Auto Liability) increased from .801 to 0.880 (12% credit), with 1.00 considered the average City modification. b. Aggregate Annual Deductible Surcharge — increased from 1.040 to 1.065. Agenda Information Memo August 19, 2014, Eagan City Council Meeting M. Approve A Resolution To Accept Donation For Purchase Of Portable Sound System From Honeywell Action To Be Considered: To approve a resolution to accept a donation of $363.75 in cash from Honeywell for the purpose of purchasing a portable sound system for use at Parks & Recreation community events and to authorize the necessary budget adjustment and direct the Mayor and City Clerk to sign the appropriate documents. Facts: ➢ The Parks & Recreation Department hosts a number of community events at locations throughout the community. A portable sound system will be used for various performance and announcement needs at these events. ➢ By approving these donations the 2014 Parks budget would receive a corresponding budget adjustment reflecting the cash donations of: ■ $363.75 to budget line item 3001 -6457 Attachments: (1) CM -1 Resolution Honeywell's Donation CITY OF EAGAN RESOLUTION TO ACCEPT CASH DONATIONS FROM HONEYWELL WHEREAS, Eagan Parks and Recreation offers several community wide programs and events during the year that offer volunteer and partnership opportunities; and WHEREAS, Honeywell, has expressed an interest in partnering with Eagan Parks & Recreation to support the community event; and WHEREAS, Honeywell has offered to donate $363.75 in cash to support the purchase of a portable sound system for City events; and NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby accept the $363.75 cash donation from Honeywell to support Eagan Parks & Recreation community events. Motion made by: Seconded by: Those in favor: Those against: Dated CITY OF EAGAN CITY COUNCIL By: Mayor Attest: City Clerk CERTIFICATION I, Christina M.Scipioni, City Clerk for the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 19th day of August, 2014. City Clerk Agenda Information Memo August 19, 2014, Eagan City Council Meeting CONSENT AGENDA N. Approve Plans And Specifications For Cascade Bay Pump House Improvements. Action To Be Considered: Approve the plans and specifications for Contract 14 -0806 — (Cascade Bay pump house improvements) and authorize the advertisement for a bid opening to be held at 10:30 on Thursday, August 28, 2014. Facts: ➢ Cascade Bay equipment is original equipment from when the facility was built in 1998. ➢ A study done by Franklin Energy for Cascade Bay in 2012 showed the building was operating at 39 % efficiency. ➢ Staff will be working with Dakota Electric and Minnesota Energy for potential energy rebates available for energy efficient equipment to be installed. ➢ Timeline would be for a Fall /winter construction period to prepare for next spring start of the season and to benefit from "off season" bidding. Attachments: (3) CN -1 Cascade Bay Design Proposal CN -2 Schedule of Fees and Values CN -3 General Conditions E USAGwAncs v f$ ING, 3 N 3 City of Eagan r_ 3830 Pilot Knob Road E Eagan, MN 55009 0 0 Attn: Mark Vaughan, Campus Facilities Manager 3 g � P g c Re: Cascade Bay Mechanical House PREAMBLE Proposal for Design Services Cascade Bay Water Park Eagan, MN November 26, 2013 (Revised August 5"', 2014) USAquatics, Inc. is pleased to have the opportunity to present this proposal for the aquatic engineering and design of mechanical house renovations at Cascade Bay. Our proposal is based on our e -mail and phone conversations, as well as the probable cost estimate for sand media filtration dated July 25, 2014 for an estimated total project cost of $761,900. PART 1- SCHEDULE OF DELIVERABLES 1.01 Schematic Design - Completed 1.02 Design Development A. Finalize equipment selections and configurations. B. Review power requirements, filtration discharge rates, water requirements and any other necessary pool information. C. Review health codes. D. Review and select recirculation equipment, filtration, disinfection and other equipment. E. Review building renovations and additions. °' F. Prepare final design drawings and necessary support documentation. to OD G. Attend one coordination/design meeting as required ® Ob H. Provide one copy of documentation for review, comment and approval. 1.03 Final Design / Construction Documents U) U) Z A. Mechanical house layout and piping with dimensions, sections and elevations. B. Pool mechanical house & equipment details. r_ C. Filtration and chemical control system. D. Complete electrical /mechanical related to pool and mechanical building. E. Submission of pool related documents to the appropriate authority for review and approval, associated fee by Owner. c m F. Resolve Department of Health questions and comments. o G. Attend one coordination /design meetings as required. C: 4S H. Preparation of Specifications relating to the scope of work and associated equipment (Divisions 1 through 16) to include Sections 13.150 through Sections 13.165, "Special Construction ". W 3 I. Prepare drawings and specifications for bidding and provide electronic copies. (1) Reimbursable reproduction costs will apply for hard copies. Q J. USAquatics will be responsible for all necessary information for coordination with other consultants. 0 a� .L m N `� AQUATIC CONSULTING & DESIGN AQUATIC CONSULTING & DESIGN USAQUATICS INC. Proposal for Design Services Cascade Bay August 6, 2014 1.04 Bid and Award phase A. Answer questions during the bidding and contract negotiations. B. Provide proper and timely information and clarifications for inclusion into addenda. C. Review and assist with pre - qualification of contractors as needed. D. Assist in the interview of the pool contractors if requested. E. Attend a pre -bid meeting and the bid opening. 1.05 Construction phase A. Review appropriate shop drawings and /or submittals. B. General consultation for construction. C. Resolve Department of Health questions and comments. D. Provide on -site visitations as required to observe that the design intent of the project is maintained and participate in construction meetings with contractors, consultants and owner as requested. Visits are to be at appropriate intervals of construction and field reports will be submitted, E. Provide field change orders and supplemental information, as required or directed by owner. F. Make final walk- through, review the contractor(s)' prepared punch list and follow -up through completion of punch list. 1.06 Project Start -up A. Review and edit aquatic equipment operating instructions provided by the pool contractor. B. Continued consultation during the start-up process. 1.07 Warranty A. Provide end of season walk -thru site visit to document any warranty items for owner and affected contractor(s). PART 2 - SCOPE OF RESPONSIBILITY 2.01 Aquatics A. Includes Mechanical House piping, equipment and directly related appurtenances 2.02 Electrical A. Electrical related to renovation. 2.03 Mechanical A. Mechanical related to renovation. 2.04 Plumbing A. Plumbing related to renovation. PART 3 - WORK NOT INCLUDED 3.01 The following work has not been included at this time A. Work outside of defined scope above. B. Retention Pond — by City PART4- SCHEDULE 4.01 Start A. To begin upon notice to proceed. 4.02 Progress Page 2 of 3 USAQUATICS INC. AQUATIC CONSULTING & DESIGN Proposal for Design Services Cascade Bay August 6, 2014 A. Each phase to begin upon notice to proceed. Consultant is not responsible for any delay in Client providing approval of prior phases. I 9F.11 SA 910WWy 5.01 General A. Based on our understanding of the project, we estimate that the total mechanical house renovation project could be approximately $761,900. B. We propose to complete the work listed above for a fixed fee of $79,440 + expenses related to reproduction costs. Fee Breakdown: Design $ 59,580 Construction Admin. $ 19,860 Total: $79,440 C. All trips are included in the above fee structure. D. Hourly fee for Owner approved additional services per attached schedule of fees and charges, or as negotiated. PART 6 - ATTACHMENTS 6.01 The following documents are attached and incorporated by reference A. 2014 Schedule of fees and values B. USAquatics, Inc.'s General Conditions shall apply to all work, on the Project. PART 7 - PAYMENT TERMS 7.01 Progress payments A. Monthly progress payments will be due throughout the execution of the agreement. 7.02 Terms A. Payments are due within 30 days of receipt of progress invoices. B. Late payments will be assessed interest at the rate of 1.5% per month. PART 8 - ACKNOWLEDGEMENT 8.01 Proposal acceptance and authorization to begin work A. Signing this proposal indicates an understanding of an owner /consultant agreement for the scope and amounts stipulated above. City of Eagan USAquatics, Inc. X X Signature Signature ----------------------------------------------------------------------- Title --- - -- - -- -------------------------------------------------------------------------------- Title Date Date USAquatics is a Preferred Professional Provider of the USA Swimming Facilities Department. 4 Page 3 of 3 E 0 U U — U Rf 6 N 3 iJd PERSONNEL CHARGES 2014 Schedule of Fees and Values r- Time for the required performance of the Scope of Work, other than as included in contract, will be charged the Unit Price Hourly E Rates stated below: v Labor Classification Hourly U Administrative $ 80.00 v Drafter /Cadd Operator 125.00 Technician, Junior Associate, Project Inspector 150.00 Cr Consulting Professional, Senior Associate, Architect or Engineer 165.00 W 7 Charges for contract personnel under USAquatics supervision and using USAquatics facilities will be made according to the hourly rate corresponding 3 to their classification. 3 MEDIA d Media black & white color 0000 8.5x11 L9 bond $ 0.25 /page $2.00 /page C14 card /cover 0.50 /page 2.50 /page transparency 4.50 /page 6.50 /page glossy 4.00 /page 6.00 /page 8.5x14 X bond 0.30 /page 2.30 /page 11x17 rn bond 0.50 /page 4.00 /page 00 other sizes T ti bond 0.35 /sq. ft. 10.00 /sq. ft. rn foamboard 4.50 /sq. ft. m photography cost o Other and outsourced reproduction t: cost compact disk $ 7.50 ea. 0 00 VEHICLES & MILEAGE 0 0 NMileage for personal or company vehicles used on project assignments will be $0.55 per mile. U) Other travel costs, such as airfare, will be charged at cost plus 10 %. a Z OTHER PROJECT CHARGES AND TRAVEL COSTS All other reimbursable costs will be billed at cost. PLAN REVIEW FEES The fees for plan review and approval by state, local or internal jurisdictions will be paid by the project owner for the exact amount as stipulated by the governing rules, regulations or policies. PAYMENT AND INTEREST CHARGES USAquatics shall submit progress invoices to Client showing the services performed during the invoice period and the charges for those services. Finance charges: 1.5% per month for late payments AQUATIC CONSULTING & DESIGN USAquatics, Inc. Owner /Consultant Agreement General Conditions From time to time Client intends to engage USAquatics, Inc. (hereafter "Consultant ") to provide professional services. These General Conditions set forth the terms and conditions which shall govern the relationships and performance of Client and Consultant, if and only if one or more Task Orders (which may be made in the form if a Proposal for Services) are agreed to. Each engagement will be documented by a Task Order and /or detailed proposal. For ease of reference "Task Order" is used to define Proposal, detailed proposal or other document that sets forth the agreed upon Scope of Services and fees. ARTICLE 1- SERVICES OF CONSULTANT 1.1 General A The services to be provided by Consultant and /or any subconsultant retained by Consultant (hereafter collectively referred to as "Consultant ") will include such of the Basic and Additional Services set forth in one or more Task Orders as authorized by Client. Services for each Specific Project will be detailed in a duly executed Task Order. Each Task Order will indicate the specific tasks and functions to be performed and deliverables to be provided. B Consultant shall not be obligated to perform any prospective Task Order unless and until Client and Consultant agree as to the particulars of the Specific Project, Consultant's services, Consultant's compensation, and all other appropriate matters. ARTICLE 2 - CLIENT'S RESPONSIBILITIES 2.1 General A Provide the services of an independent testing laboratory to perform all inspections, tests, and approvals of Samples, materials, and equipment required by the Contract Documents, or to evaluate the performance of materials, equipment, and facilities of Client, prior to their incorporation into the Work for a Specific Project with appropriate professional interpretation thereof. B Provide Consultant with the findings and reports relating to the project. C Provide Consultant with accurate data with which the Consultant may reliably perform the work agreed to including, but not limited to, site survey information, environmental conditions, utility locations and other pertinent information. ARTICLE 3- TERM; TIMES FOR RENDERING SERVICES; SUSPENSION 3.1 Term A This Agreement shall be effective and applicable to Task Orders issued hereunder. B This Agreement may be extended or renewed, with or without changes, by written amendment establishing a new term. 3.2 Times for Rendering Services A The time for a party's performance will be extended to the extent performance was delayed by causes beyond the control and without the fault of the party seeking the extension. That party shall promptly notify the other party in writing when it is being delayed. 3.3 Suspension A If Client fails to give prompt written authorization to proceed with any phase of services after completion of the immediately preceding phase under a Task Order, or if Consultant's services are delayed through no fault of Consultant, Consultant may, after giving seven days written notice to Client, suspend services under the Task Order. Consultant shall not be responsible or liable for any costs or expenses or resulting damages from suspension of services. ARTICLE 4 - PAYMENTS TO CONSULTANT 4.1 Payment for Services and Reimbursable Expenses of Consultant. A Client shall pay Consultant as set forth herein and in each Task Order. 4.2 Other Payment Provisions. A Payment of Invoices. Invoices are due and payable within 30 days of receipt. If Client fails to make any payment due Consultant for services and expenses within 30 days after receipt of Consultant's invoice, the amounts due Consultant will be increased at the rate of 1.5 percent per month (or the maximum rate of interest permitted by law, if less) from said 30th day. In addition, Consultant may, after giving seven days written notice to Client, suspend services under any Task Order issued under this Agreement until Consultant has been paid in full all amounts due for services, expenses, and other related charges. Consultant shall not be responsible or liable for any costs or expenses or resulting damages from suspension of services. B Disputed Invoices. In the event of a disputed or contested invoice, only that portion so contested may be withheld from payment, and the undisputed portion will be paid. C Extended Contract Times. Should the Contract Times to complete the Work be extended beyond the period stated in the Task Order, payment for Page 1 of 4 Pages USAquatics, Inc. - General Conditions Consultant's services shall be continued based on the Standard Hourly Rates Method of Payment. ARTICLE 5 - OPINIONS OF COST 5.1 Opinions of Probable Construction Cost A Consultant's opinions of probable Construction Cost (if any) are to be made on the basis of Consultant's experience and qualifications and represent Consultant's best judgment as an experienced and qualified professional generally familiar with the industry. However, since Consultant has no control over the cost of labor, materials, equipment, or services furnished by others, or over a Contractor's methods of determining prices, or over competitive bidding or market conditions, Consultant cannot and does not guarantee that proposals, bids, or actual Construction Cost will not vary from opinions of probable Construction Cost prepared by Consultant. Consultant assumes no responsibility for the accuracy of opinions of Total Project Costs. ARTICLE 6 - GENERAL CONSIDERATIONS 6.1 Standards and Parameters of Performance A The standard of care for all professional Consulting and related services performed or furnished by Consultant under this Agreement will be the care and skill ordinarily used by members of Consultant's profession practicing under similar circumstances at the same time and in the same locality. Consultant makes no warranties, express or implied, under this Agreement or otherwise, in connection with Consultant's services. B Consultant shall not be required to sign any documents, no matter by whom requested, that would result in Consultant having to certify, guarantee or warrant the existence of conditions whose existence Consultant cannot ascertain within its services for that Specific Project. C If Consultant provides services during the Construction Phase of a Specific Project, Consultant shall not supervise, direct, or have control over a Contractor's work, nor shall Consultant have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected by a Contractor, for safety precautions and programs incident to a Contractor's work in progress, nor for any failure of a Contractor to comply with Laws and Regulations applicable to a Contractor's furnishing and performing the Work. 6.2 Design without Construction Phase Services A It is understood and agreed that if Consultant's Basic Services under a Task Order do not include project observation, or review of a Contractor's performance, or any other Construction Phase services, and that such services will be provided by Client or others, then Client assumes all responsibility for interpretation of the Contract Documents and for construction observation or review and waives any claims against the Consultant that may be in any way connected thereto. In such a case, Consultant's Basic Services under the applicable Task Order will be considered to be completed upon completion of the Final Design Phase or Bidding or Negotiating Phase. 6.3 Use of Documents A All Documents are instruments of service. Consultant shall retain an ownership and property interest therein (including the right of reuse at the discretion of Consultant) whether or not a Specific Project is completed. B Client may make and retain copies of Documents for information and reference in connection with use on a Specific Project by Client. Such Documents are not intended or represented to be suitable for reuse by Client or others on extensions of the Specific Project for which they were prepared or on any other project. Any such reuse or modification without written verification or adaptation by Consultant, as appropriate for the specific purpose intended, will be at Client's sole risk and without liability or legal exposure to Consultant. Client shall indemnify and hold harmless Consultant and Consultant's Consultants from all claims, damages, losses, and expenses, including attorneys' fees arising out of or resulting there from. 6.4 Termination A The obligation to provide further services under this Agreement or any Task Order may be terminated: 1 For cause, a By either party upon 15 days written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement or any Task Order hereunder through no fault of the terminating party. (1) Consultant shall have no liability to Client on account of such termination. b Notwithstanding the foregoing, neither this Agreement nor any Task Order will terminate as a result of such substantial failure if the party receiving such notice begins, within seven days of receipt of such notice, to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt thereof. 2 For convenience, a By Client effective upon the receipt of notice by Consultant. (1) Consultant shall be entitled to full payment for all services rendered up to, and including, the date of notification. 6.5 Controlling Law A This Agreement is to be governed by the law of the state in which the principal office of the Client is located, unless the law of the state where the Work is Page 2 of 4 Pages USAquatics, Inc. - General Conditions being performed requires that the law of that state be applied. 6.6 Successors, Assigns, and Beneficiaries A Client and Consultant each is hereby bound and the partners, successors, executors, administrators and legal representatives of Client and Consultant are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of this Agreement. B Neither Client nor Consultant may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that are due or may become due) in this Agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. 6.7 Dispute Resolution A Client and Consultant agree to negotiate all disputes between them in good faith for a period not to exceed 30 days from the date of notice prior to exercising their rights according to this Agreement, or under law. B Client and Consultant agree that they shall first submit any and all unsettled claims, counterclaims, disputes, and other matters in question between them arising out of or relating to this Agreement or the breach thereof to binding arbitration. 6.8 Allocation of Risks A Indemnification 1 To the fullest extent permitted by law, Consultant shall indemnify and hold harmless Client, Client's officers, directors, partners, and employees from and against any and all costs, losses, and damages, but only to the extent caused by the negligent acts or omissions of Consultant or Consultant's officers, directors, partners, employees, and Consultant's Consultants in the performance and furnishing of Consultant's services under this Agreement. 2 To the fullest extent permitted by law, Client shall indemnify and hold harmless Consultant, Consultant's officers, directors, partners, employees, and Consultant's Consultants from and against any and all costs, losses, and damages, but only to the extent caused by the negligent acts or omissions of Client or Client's officers, directors, partners, employees, and Client's consultants with respect to this Agreement. 6.9 Consultant's Liability Limit A To the fullest extent permitted by law, the total liability, in the aggregate, of Consultant and Consultant's officers, directors, partners, employees, agents and Consultant's Consultants, and any of them, to Client and anyone claiming by, through, or under Client for any and all claims, losses, costs, or damages whatsoever arising out of, resulting from or in any way related to a Specific Project from any cause or causes shall not exceed the total compensation received by Consultant for the Task Order or the limits of Consultant's insurance, whichever is greater. Consultant will provide proof of insurance upon request. B Consultant will maintain and keep in force for the duration of this agreement and the warranty period set forth herein a professional liability insurance policy with minimum limits of $1,000,000 per occurrence and a $2,000,000 aggregate. The proof of insurance will be provided to the City and a copy of the certificate of insurance will be provided to the City each time it is renewed. In the event the policy is not maintained as agreed, the limitations of liability set forth in paragraph 6.9.A will not apply. Consultant will also give the City a minimum of thirty (30) days notice prior to cancelling or altering any liability insurance policy providing coverage on this project. C Agreement Not to Claim for Cost of Certain Change Orders. Client recognizes and expects that certain Change Orders may be required to be issued as the result in whole or part of imprecision, incompleteness, errors, omissions, ambiguities, or inconsistencies in the Drawings, Specifications, and other design documentation furnished by Consultant or in the other professional services performed or furnished by Consultant under this Agreement. Accordingly, Client agrees not to sue and otherwise to make no claim directly or indirectly against Consultant on the basis of professional negligence, breach of contract, or otherwise with respect to the costs of approved Change Orders, especially where first -time- costs or unjust enrichment may apply. Client agrees to hold Consultant harmless from and against any suit or claim made by the Contractor relating to any such Change Order. 6.100ther liability limitations A Shop Drawing Review. Consultant may review and approve or take other appropriate action on the contractor's submittals or shop drawings for the limited purpose of checking for general conformance with information given and design concept expressed in the Contract Documents. Review and /or approval of submittals is not conducted for the purpose of determining accuracy and completeness of other details or for substantiating instructions for installation or performance of equipment or systems, all of which remain the exclusive responsibility of the contractor. Consultant's review and /or approval shall not constitute approval of safety precautions, or any construction means, methods, techniques, sequences or procedures. Page 3 of 4 Pages USAquatics, Inc. - General Conditions The Consultant's approval of a specific item shall not indicate approval of an assembly of which the item is a component. Consultant's review and /or approval shall not relieve contractor for any deviations from the requirements of the contract documents nor from the responsibility for errors or omissions on items such as sizes, dimensions, quantities, colors, or locations. B Pay application Review. Any review or certification of any pay applications, or certificates of completion shall be based upon Consultant's observation of the Work and on the data comprising the contractor's application for payment, and shall indicate that to the best of Consultant's knowledge, information and belief, the quantity and quality of the Work is in general conformance with the Contract Documents. The issuance of a certificate for payment or substantial completion is not a representation that Consultant has made exhaustive or continuous inspections, reviewed construction means and methods, verified any back -up data provided by the contractor, or ascertained how or for what purpose the contractor has used money previously paid by Client. 6.11Applicability of Master Agreement to Task Orders A The terms and conditions set forth in this Agreement apply to each Task Order as if set forth in the Task Order, unless specifically modified. In the event of conflicts between this Agreement and a Task Order, the conflicting provisions of the Task Order shall take precedence for that Task Order. The provisions of this Agreement shall be modified only by a written amendment. Such amendments shall be applicable to all Task Orders issued after the effective date of the amendment if not otherwise set forth in the amendment. 6.12 Survival A All express representations, indemnifications, or limitations of liability included in this Agreement will survive its completion or termination for any reason. 6.13 Severability Any provision or part of this Agreement held to be void or unenforceable under any Laws or Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Client and Consultant, who agree that this Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. IN WITNESS WHEREOF, the parties hereto have executed this Agreement; Effective Date of which is as signed. "Please fill all yellow boxes completely" Page 4 of 4 Pages USAquatics, Inc. - General Conditions Consultant: SAquatics, Inc. Client: By: itle: Date Signed: y* Tit,e: ate Signed: Address for giving notices: Address for giving notices: O Box 86; 124 Bridge Ave E Delano, MN 55328 Designated Representative: Designated Representative: ame: ame: Title: Phone Number: 63- 972 -5897 Facsimile Number: 763 - 972 -5864 Title: Phone Number: Facsimile Number: E -Mail Address: -Mail Address: "Please fill all yellow boxes completely" Page 4 of 4 Pages USAquatics, Inc. - General Conditions Agenda Information Memo August 19, 2014, Eagan City Council Meeting CONSENT AGENDA O. Approve a Resolution to ratify and execute the Agreement to Consolidate Public Transit Services and the Third Amended and Restated Joint Powers Agreement Action To Be Considered: Approve a Resolution to: 1) Approve and execute the Third Amended and Restated Joint Powers Agreement (JPA) 2) Ratify the Agreement to Consolidate Public Transit Services Facts: ➢ The MVTA was formed on January 1, 1991 and is the public transportation agency for the Cities of Apple Valley, Burnsville, Eagan, Rosemount and Savage. ➢ The MVTA is governed by an appointed elected official from each respective member City. In addition, Dakota and Scott County commissioners serve as an elected official for the additional 2 seats. ➢ Staff, legal counsel and elected representatives from all parties have been working over the past several months drafting the necessary documents for the merger of Prior Lake and Shakopee's BlueXpress transit services with the MVTA. ➢ The merger of the two transit operations is consistent with the 2011 Legislative Auditor's report and the 2005 Scott County Unified Transit Management Plan, which identified the combining of the "opt -out" transit providers as a means to enhance the cost - effective provision of public transit services. ➢ The merger will result in an expansion of MVTA's services to the west of Highway 169 corridor and into northern Scott County. ➢ On July 30, 2014, the MVTA Board acted to approve the Consolidation Agreement and Joint Powers Agreement of the MVTA for presentation to the member Cities. ➢ The Agreement to consolidate Public Transit Services outlines expectations and timelines for the merger of the MVTA and the two Cities. Major points include: o Establishes an Effective Date, which is the date of the signature of the last MVTA member to approve the JPA. This date is when Prior Lake and Shakopee become full members of the MVTA Board. o Establishes a Consolidation Date of January 1, 2015 at which MVTA takes over full administration of the Prior Lake and Shakopee transit services ➢ The Third Amended and Restated JPA is amended to add the cities of Prior Lake and Shakopee as members of the MVTA. ➢ There is no financial or Budget impact to the City of Eagan Attachments: (1) CO -1 Resolution to ratify and execute the Agreements CO -2 Agreement to Consolidate Public Transit Services CO -3 Agreement to Consolidate Public Transit Services — Exhibits A -G CO -4 Third Amended and Restated Joint Powers Agreement RESOLUTION CITY OF EAGAN RESOLUTION TO APPROVE AND EXECUTE THE THIRD AMENDED AND RESTATED JOINT POWERS AGREEMENT AND TO RATIFY THE AGREEMENT TO CONSOLIDATE PUBLIC TRANSIT SERVICES WHEREAS, the Minnesota Valley Transit Authority (MVTA) is a joint powers entity organized pursuant to Minnesota Statutes, section 471.59 and Sections 473.384 and 473.388, under an amended and Restated MVTA Joint Powers Agreement Establishing the Minnesota Valley Transit Authority, dated October 12, 2012; and WHEREAS, the 2011 Office of Legislative Auditor report identified the combining of "Opt -Out" transit providers as a means to enhance the cost - effective provision of public transit services; and WHEREAS, the Technical and Elected Work Groups formed by the MVTA, and the City of Shakopee and the City of Prior Lake have carefully reviewed financial and operation merger considerations and have agreed on a consolidation plan that is acceptable to all MVTA members and the Cities of Shakopee and Prior Lake; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eagan, Dakota County, Minnesota, hereby ratifies the Agreement to Consolidate Public Transit Services and approves and authorizes the Mayor and City Clerk to execute the Third Amended and Restated Joint Powers Agreement, contingent upon approval of the Amended Joint Powers Agreement by the Cities of Shakopee, Prior Lake and the five MVTA member communities and the two member counties. Motion by: Seconded by: Those in favor: Those against: Date: August 19, 2014 CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk CERTIFICATION I, Christina Scipioni, Cleric 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 19th day of August, 2014. Christina Scipioni, City Cleric AGREEMENT TO CONSOLIDATE PUBLIC TRANSIT SERVICES THIS AGREEMENT ( "Agreement ") is effective this day of , 2014 ( "Effective Date ") by, between and among the Minnesota Valley Transit Authority, a municipal joint powers association ( "MVTA "), the City of Shakopee, a Minnesota municipal corporation ( "Shakopee ") and the City of Prior Lake, a Minnesota municipal corporation ( "Prior Lake "), (collectively referred to as the "Parties "). RECITALS A. The Parties each operate public transit service pursuant to Minn. Stat. § 473.384 and § 473.388 and other related statutes otherwise known as "Opt -Out" public transit services. B. Minnesota law allows municipalities to act in combination to carry out public functions they are otherwise authorized to perform, including public transit. C. The 2005 Scott County Unified Transit Management Plan ( "UTMP ") and the 2011 Office of Legislative Auditor report identified the combining of Opt -Out transit providers as a means to enhance the cost - effective provision of public transit services. D. The Parties have closely reviewed their existing grants, service agreements, short and long term capital and operational costs and mutual relationships with essential public transit partners such as the Metropolitan Council; Scott County; and the County Transit Improvement Board ( "CTIB "). E. Technical and Elected Work Groups formed by the Parties have carefully reviewed financial and operational issues and have agreed on certain Guiding Principles that are based on a community approach to services changes and are to be followed with the consolidation of the public transit services of the Parties. Those Guiding Principles are attached to this Agreement as Exhibit A and incorporated into this Agreement. F. Based on these premises and on the terms and conditions set forth below, the Parties deem it to be in their best long term interests to consolidate their respective public transit services and facilities under the terms and conditions set forth below and for Prior Lake and Shakopee to become members of the MVTA, creating an expanded MVTA public transit service operation. NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Recitals. The Recitals are made a part of this Agreement. 2. Agreement Effective Date; Full Transit Service Consolidation. 2.1 The Parties acknowledge that this Agreement shall not have any force and effect until it is (i) duly signed by authorized signatories of the MVTA Board and by Prior Lake and Shakopee, upon approval of their respective councils of both this Agreement and of that certain Third Amended and Restated Joint Powers Agreement of the Minnesota Valley Transit Authority ( "JPA ") attached as Exhibit B and (ii) each of the MVTA members has ratified this Agreement by their respective authorized written signatures on the JPA. The Parties further acknowledge that the consolidation of public transit services contemplated by this Agreement requires the transfer and assignment of all rights, title and ownership interests in those assets of Prior Lake and /or Shakopee used in the operations of their transit services, including but not limited to dedicated funds for such services, and requires the consent of third parties such as the Met Council, Shakopee Mdewakanton Sioux Community and Scott County as to grants, leases or service agreements. The Parties have reviewed the terms and conditions governing such necessary assignments and transfers and believe that each shall be approved as needed to effectuate this consolidation. The Parties also agree that all such transfer of these and other necessary conditions to the consolidation of transit services may not be completed by the date the last MVTA member signs the JPA. Notwithstanding the above, the Effective Date of this Agreement shall be the date of the signature of the last MVTA member to approve the JPA as set forth in Exhibit B. Unless each of the MVTA members sign the JPA made part of this Agreement, this Agreement shall not have any force or effect. 2.2 On the Effective Date, this Agreement shall be enforceable and the Parties shall diligently proceed towards the achievement of full consolidation of what were separate MVTA and Prior Lake /Shakopee Opt -Out transit services into a fully consolidated system operated by the MVTA, with nine JPA members ( "Transit Service Consolidation "). 2.3 The Parties shall use their best efforts to achieve full Transit Service Consolidation by, but no sooner than, January 1, 2015 ( "Consolidation Date "). 3. Actions upon Effective Date. The Parties agree that as soon after the Effective Date as possible, the following shall occur and /or continue until to completion by the identified Party below: 3.1 MVTA shall issue customer notices, provide all necessary driver and related training to personnel operating bus services for Prior Lake and Shakopee in accordance with the Work Plan set forth in Exhibit C, and issue scheduling modifications as set forth in Exhibit C, attached and incorporated into this Agreement. 3.2 On the Effective Date, Prior Lake and Shakopee shall continue their transit operations and agree to operate in compliance with all applicable standards and regulations, and shall maintain regular communication with MVTA operations staff. Prior Lake and Shakopee, with the assistance of MVTA, shall further complete all necessary transfers and assignments to MVTA of all right, title and interest in Prior Lake and Shakopee assets and funds used in transit operations, including obtaining all necessary consents of third parties; the foregoing to be effective on the Consolidation Date. Upon request, MVTA shall provide administrative assistance to Prior Lake and 2 Shakopee in their operation of transit services as they transition such operations to MVTA by the Consolidation Date. A checklist of said rights, funds and equipment to be transferred is attached as Exhibit D. Prior Lake and Shakopee further agree to do all things necessary to effectuate future transfers and assignments that may be necessary for the Transit Service Consolidation contemplated by this Agreement. If any transfer, consent or assignment is not obtained from a third party by the Consolidation Date, the Parties agree that such fact shall not delay the Consolidation Date if otherwise complete. The Parties agree to pursue the necessary steps to obtain such transfer, consent or assignment after the Consolidation Date. Notwithstanding this Section, the fund balance transfers described in Section 4.4 shall be governed solely by that Section. 3.3 MVTA shall provide all necessary notices to and filings with all public, private and regulatory bodies of the consolidation and Consolidation Date and shall do all things necessary to complete the ministerial requirements of the Transit Service Consolidation. 3.4 Prior Lake and Shakopee representatives to the MVTA Board and MVTA committees shall be fully participating in MVTA matters. 3.5 Prior Lake and Shakopee shall use best efforts to bring their joint transit services into compliance with regional policies, including but not limited to fares on the Shakopee Circulator, and do all things necessary to correct any noncompliance by December 1, 2014 or otherwise with sufficient time prior to the Consolidation Date to avoid fare increases after the Consolidation Date that are made necessary because of earlier noncompliance. MVTA agrees to assist Prior Lake and Shakopee in their compliance with this Section. 4. Assets and Liabilities; Payable and Receivables; No Warranties. 4.1 If not otherwise completed on the Consolidation Date, or as soon thereafter as reasonably possible, all transit related property, real, personal and mixed, and all and every other transit related interest of or belonging to either Shakopee or Prior Lake shall be taken by and deemed to be transferred to and vested in the MVTA without further act or deed. The title to any interest otherwise vested by deed or otherwise in Shakopee or Prior Lake shall not revert or otherwise be impaired by reason of the consolidation. On the Consolidation Date and except as otherwise provided in this Agreement, all rights of creditors and all liens upon the property rights of Shakopee and Prior Lake and all debts, liabilities, obligations and duties of Shakopee and Prior Lake shall attach to MVTA and may be enforced against it to the same extent as the debts, liabilities, obligations and duties incurred or contracted by Shakopee or Prior Lake. As of the Effective Date, Prior Lake and Shakopee are unaware of any creditor rights or liens that would prevent MVTA's use of such property for transit service operations. 4.2 On and after the Consolidation Date, all revenue and expenditures incurred for Prior Lake or Shakopee transit operations shall be assumed by or inure to the benefit of MVTA. All such transit accounts payable and receivable incurred by Prior Lake or Shakopee for transit operations prior to the Consolidation Date shall remain as the sole right or responsibility of Prior Lake or Shakopee, or both, as the case may be, and Prior Lake and Shakopee shall indemnify, defend and hold MVTA harmless from and against any claims or liabilities arising out of such payables or receivables incurred before the Consolidation Date. 4.3 Subject to other provisions in this Agreement, MVTA agrees to assume the operations of Shakopee and Prior Lake public transit services on the Consolidation Date. 4.4 Prior Lake and Shakopee shall transfer a minimum fund balance from their joint transit operations equal to 25% of the Prior Lake and Shakopee budgeted 2015 expenditures ( "Minimum Fund Balance "). Any fund balance exceeding the required Minimum Fund Balance transfer may be expended or legally obligated for transit related expenses, or allocated for liabilities Prior Lake and Shakopee are responsible for pursuant to paragraphs 5.1 and 5.2 herein. The Minimum Fund Balance and fund balances which are not expended or legally obligated for transit related services, or allocated for a specific purpose as of the Consolidation Date shall be transferred to MVTA as set forth in Exhibit G, attached and made a part of this Agreement. 4.5 Prior Lake and Shakopee shall transfer their respective rights to the buses and other equipment to be used in the consolidated transit services (list attached in Exhibit D) by the Consolidation Date, or as soon thereafter as reasonably possible. Prior Lake and Shakopee make no warranties or representations to MVTA concerning the condition of said leased assets, which are subject to MVTA inspection and approval. Notwithstanding, the foregoing, Prior Lake and Shakopee shall assign to MVTA all rights Prior Lake and Shakopee have in the manufacturer's or other third party warranties applicable to buses and other equipment. 5. Liabilities not Assumed by MVTA. 5.1 MVTA shall not assume any responsibility for claims or demands by third parties against either Prior Lake or Shakopee, or both, relating to their joint transit services, in which such third parties allege breach of contract, negligence, intentional wrongful acts or any other claim giving rise to liability of Prior Lake or Shakopee, or both, where the asserted liability arises prior to the Effective Date of this Agreement, regardless of whether the claim or demand is made after the Effective Date. Such obligations and all issues arising out of said claims or demands shall be the sole responsibility of Shakopee and /or Prior Lake, and they shall defend, indemnify and hold harmless MVTA from any and all claims or demands arising thereunder. On and after the Effective Date, Prior Lake and Shakopee agree that they shall promptly provide MVTA with notice of all proposed transit service contracts or other pending transactions to allow MVTA to work- with Prior Lake and Shakopee, or both, to rd negotiate said contracts or transactions. Unless otherwise agreed, MVTA shall be the signatory on all contracts entered relevant to transit services provided by or for either Prior Lake or Shakopee. MVTA further agrees that after the Effective Date and until the Consolidation Date, MVTA shall promptly provide designated representatives from Prior Lake and Shakopee notice of pending MVTA contracts and other transactions not involving Prior Lake or Shakopee services areas in order to keep each apprised of MVTA system -wide operations. 5.2 If any discrepancies are found in the collection or expenditure of transit funds either in the audit described in paragraph 17 below, or otherwise, Prior Lake and Shakopee shall be solely responsible for all necessary corrections, penalties, proceedings, costs of investigation or other costs and liabilities arising out of such transit operations revenue collection or expenditure and shall defend, indemnify and hold MVTA harmless therefrom. 6. Shakopee and Prior Lake Membership in MVTA. On the Effective Date and unless otherwise provided in this Agreement, Shakopee and Prior Lake shall become members of the MVTA on the terms and conditions set forth in the JPA and Bylaws as they may be amended from time to time, and fully participate at the MVTA Board and committee levels on an equal basis as the other seven MVTA members. 7. Minimum Length of Initial Membership. Notwithstanding paragraph 11 of the JPA, Prior Lake and Shakopee shall remain a member of MVTA at least until December 31, 2017 as provided herein. To effectuate a December 31, 2017 withdrawal, notice of withdrawal by Prior Lake or Shakopee, or both, shall be given to the MVTA Board no later than June 30, 2016. Notice of withdrawal given after June 30, 2016 shall be effective for a December 31, 2018 withdrawal and no earlier. On January 1, 2018, this paragraph 7 shall expire and both Prior Lake and Shakopee may withdraw from the MVTA in accordance with paragraph 11 of the JPA, as it may be amended from time to time. The Parties agree that this initial membership commitment of Prior Lake and Shakopee is necessary to allow for effective consolidation of transit services, including the establishment of CMAQ grant funded additions. 8. System -wide Service Programs and Standards. 8.1 Prior Lake and Shakopee acknowledge and agree that as members of the MVTA, their respective public transit services, individually and in combination, become a part of and subject to the MVTA system -wide standards of service and will not be subject to programs or standards of service applicable only to Prior Lake or Shakopee, or both. MVTA shall use its best efforts to maintain the existing level of all services provided to customers in MVTA's system, including Prior Lake and Shakopee, while seeking to raise the level of all services provided as of the Effective Date to all MVTA customers. When evaluating increases or decreases in service, MVTA shall consider the Guiding Principles in Exhibit A and applicable regional standards. MVTA's goal is to provide the best service possible to all MVTA customers within the funding guidelines of its operations. 5 8.2 Prior Lake and Shakopee agree to do all things necessary to effectuate the assignment of their respective rights to MVTA as Subrecipient of funds from those certain Subrecipient Grant Agreements ( "SGA ") that Prior Lake and Shakopee anticipate receiving in 2014 for the purpose of use on the BlueXpress. Prior Lake and Shakopee further agree to do all things necessary to order SGA funded buses on a timely basis relative to the operative dates in this Agreement. MVTA agrees to perform and complete the "Workscopes" as defined and described in the SGAs, to comply with all other SGA terms and conditions, and to use the SGA funds in accordance with SGA terms. 8.3 In the event MVTA seeks to eliminate a route in Prior Lake and /or Shakopee, the MVTA shall, for all routes, regardless of type of ridership, utilize the Major Service Change Policy found in MVTA's Title VI Plan, attached hereto is Exhibit E and incorporated into this Agreement. This Policy is found in FTA Circular 4702.113, Chapter IV -12, as it may be amended by the FTA from time to time, and found in (http. / /www.fta.dot.gov /legislation law/12349 14792.html) and specifically includes, but is not limited to, public outreach as required in the Policy. Prior to eliminating a route that is the subject of this subparagraph, the MVTA Board must approve the service equity analysis for Major Service Changes as provided in the Plan. 9. Long Range Service Plan. At the earliest possible time, MVTA agrees to conduct a transit market study for northern Scott County to evaluate existing service, connections, and unmet needs. The Scott County Transit Operations and Capital Plan will be used as the starting point of this study. The results of this study will be prioritized and used as the basis for service in northern Scott County. Should Scott County enact a transit sales tax or join CTIB, the sales tax dollars allocated to Scott County may be used to operate this service. 10. Return of Assets upon Withdrawal. 10.1 The Parties acknowledge that based on assumptions contained in that certain financial analysis conducted by Springsted dated April 11, 2014, reserves of each of the Parties as separate public transit entities, or as consolidated hereby, may be depleted within the first three years of the consolidation. MVTA will not own any additional physical assets as a result of the consolidation. If Prior Lake and /or Shakopee withdraw pursuant to section 7 above, Prior Lake and Shakopee shall be responsible to work with the Met Council and other parties to effectuate transfers and otherwise re- establish all necessary funding for the delivery of public transit services as independent Opt -Outs after withdrawal. MVTA will cooperate in assisting Prior Lake and Shakopee: (i) to effectuate the transfer of vehicle leases to Prior Lake and /or Shakopee of the buses transferred to MVTA as part of this consolidation or buses of equal quality, recognizing that the subject buses are owned by the Met Council; (ii) to effectuate the transfer of leases or negotiation of use agreements for park and ride facilities between Prior Lake and /or Shakopee and Scott County and the Shakopee Mdewakanton Sioux Community, (iii) in support of their requests to the Met Council for new funding after withdrawal from the MVTA rol in amounts necessary for each city, or both in combination, to reestablish independent transit services at appropriate levels. 10.2 MVTA agrees to work with Met Council and the withdrawing Party or Parties to determine fleet reassignments of "like buses in similar condition." 10.3 MVTA also agrees to work with Scott County and do all necessary acts to assign MVTA rights in the facilities to the withdrawing Party or Parties effective the date of withdrawal. 11. Party Representation of Rights to Provide Transit Services. The Parties represent and warrant to each other that as of the Effective Date, they are duly authorized to operate as "Opt -Out" public transit providers and have authority to do all things necessary to fulfill their respective duties in the provision of public transit services to the public. They further warrant that the terms of this Agreement and the act of entering into this Agreement do not impair their rights to provide "Opt -Out" services or otherwise breach a covenant in any contracts entered into or grants received that would affect MVTA and its ability to continue public transit services in the Shakopee and Prior Lake service areas, or in other MVTA service areas. 12. No Threatened Litigation. Shakopee and Prior Lake are aware of no threatened litigation that could affect MVTA rights and obligations to carry out public transit services after the Effective Date. Shakopee and Prior Lake agree to defend, indemnify and hold MVTA harmless from and against any and all claims that may be brought after the Effective Date that arose out of acts and omissions of Shakopee and /or Prior Lake that occurred prior to the Effective Date. 13. Employee Impact. Shakopee and Prior Lake agree that each is responsible for any and all impacts on employees affected by this Agreement, if any, and shall defend, indemnify and hold harmless the MVTA from any and all claims by their employees arising out of this consolidation of transit services. 14. Appointed Board Commissioners, Alternates. Prior Lake and Shakopee shall, by the Effective Date, appoint a commissioner and alternate to the MVTA Board as set forth in the Third amended and Restated Joint Powers Agreement of the Minnesota Valley Transit Authority. ' 15. No Separate Operational Staff. After the Effective Date, all MVTA operations shall be carried out by MVTA staff as constituted on the Effective Date and as it may be expanded or contracted from time to time thereafter. 16. Start -Up Costs. The Parties have identified certain actions that have been or will be necessary to effectuate the consolidation of Prior Lake and Shakopee transit services with MVTA. Costs and estimated costs for these actions include and will be limited to those items listed in Exhibit F, attached and incorporated into this Agreement, or items that are directly related and necessary to complete an identified item on Exhibit F. ( "Start -Up Costs "). If additional Start-Up Costs arise that are not listed in Exhibit F, MVTA will 7 obtain authorization from Prior Lake and Shakopee prior to expenditure of funds, authorization not to be unreasonably withheld. MVTA agrees to carry out these start -up actions with the assistance of Prior Lake and Shakopee. Prior Lake and Shakopee shall transfer funds used for Start-Up Costs in accordance with Exhibit G, which includes required transfers for both Start-Up Costs and for operational costs through the Minimum Fund Balance transfers described in section 4.4 of this Agreement; provided however, that the initial transfers on Exhibit G required one month after the Effective Date ( "Initial Transfers ") shall be used exclusively for Start-Up Costs until August 15, 2015. To the extent that Start-Up Costs incurred by August 15, 2015 exceed the Initial Transfers amount, Prior Lake and Shakopee agree to reimburse MVTA for reasonable and necessary costs associated with such Start -Up Costs, within 30 days of MVTA providing invoices and supporting documentation for any costs that exceed the estimates set forth on Exhibit F. To the extent Start -Up Costs incurred by August 15, 2015 are less than the amount of the Initial Transfers, MVTA may use the entire remaining balance for any transit related expense and shall not seek reimbursement from Prior Lake or Shakopee for any Start-Up Cost incurred by MVTA after August 15, 2015. 17. Audit. As part of the standard annual audit for the calendar year ending December 31, 2014, Shakopee and Prior Lake shall include an audit of their respective transit funds. Prior Lake and Shakopee shall direct its auditors to conduct a sufficiently in -depth review of fare collection and transit expenditures to provide MVTA with assurance of Prior Lake and Shakopee compliance with any and all applicable federal and state requirements through December 31, 2014 and with generally accepted accounting principles. Additional audit costs incurred, if any, for the foregoing transit funds audit shall be considered start-up costs and included in Exhibit F. 18. Counterparts. This Agreement may be executed in any number of counterparts and each executed counterpart shall be deemed to be an original instrument. IN WITNESS WHEREOF, the authorized signatories below bind the parties on whose behalf they signed as of the date indicated. Adopted this day of , 2014 MVTA BOARD OF COMMISSIONERS By: Its: Chair ATTEST: By: Its: Executive Director STATE OF MINNESOTA ss. COUNTY OF DAKOTA On this day of 20 , before me a Notary Public within and for said County personally appeared fit and , to be personally known, who being each by me duly sworn, each did say that they are respectively the Chair and Executive Director of the MVTA BOARD OF COMMISSIONERS, the joint powers association named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed in behalf of said joint powers association by authority of its Board, and said Chair and Executive Director acknowledged said instrument to be the free act and deed of said joint powers association. 0 Adopted this day of , 2014 CITY OF PRIOR LAKE By: Its: ATTEST: By: Its: STATE OF MINNESOTA ss. COUNTY OF SCOTT On this day of 20 , before me a Notary Public within and for said County personally appeared fit and , to be personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the CITY OF PRIOR LAKE, the municipality named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed in behalf of said municipality by authority of its City Council, and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. 10 Adopted this day of 52014 CITY OF SHAKOPEE By: Its: ATTEST: By: Its: STATE OF MINNESOTA ss. COUNTY OF SCOTT On this day of 20 , before me a Notary Public within and for said County personally appeared fit and , to be personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the CITY OF SHAKOPEE, the municipality named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed in behalf of said municipality by authority of its City Council, and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. 11 Exhibit A Guiding Principles for Consolidated MVTA, Prior Lake, and Shakopee Transit Services The following are transit services goals and standards the MVTA seeks to achieve or carry out, as adopted by the Technical and Elected Official Consolidation Work Groups comprised of representatives from MVTA, Prior Lake and Shakopee: 1. Focus on customer service and strive to increase service and partnerships 2. Maintain existing level of all services while seeking to raise the level of all services 3. Maintain and upgrade existing capital assets 4. Review overall service plan (express, local, and unmet needs), update plan and consider service adjustments 5. Establish priorities based on updated service plan Exhibit B Third Amended and Restated Joint Powers Agreement of the Minnesota Valley Transit Authority (Effective upon the date of signature of the last MVTA member to approve.) THIRD AMENDED AND RESTATED JOINT POWERS AGREEMENT OF THE MINNESOTA VALLEY TRANSIT AUTHORITY THIS THIRD AMENDED AND RESTATED JOINT POWERS AGREEMENT ( "Agreement ") is by and among the Cities of Apple Valley, Burnsville, Eagan, Prior Lake, Rosemount, Savage, and Shakopee ( "Cities ") municipal corporations organized under the laws of the State of Minnesota, and Dakota County and Scott County ( "Counties "), political subdivisions under the laws of the State of Minnesota. This Agreement amends, restates and replaces the Minnesota Valley Transit Authority ( "MVTA ") Second Amended and Restated Joint Powers Agreement adopted in October 2012. The Agreement is made pursuant to the authority conferred upon the Parties by Minnesota Statutes, Sections 473.384, 473.388, and 471.59 and related statutes. WHEREAS, since 1990, the MVTA has operated as a legislatively- authorized "opt -out" provider of Metropolitan Transit Service in and for the areas of cities that have been members of the MVTA; WHEREAS, the Cities of Prior Lake and Shakopee seek to add their public transit services to the MVTA by becoming members of the MVTA and continue the provision of high quality transit services to their customers through the MVTA; WHEREAS, the MVTA, by and through its board and constituent members, seeks to add Prior Lake and Shakopee as new MVTA members and incorporate their public transit services and customer service areas into the MVTA while maintaining high quality services to those customers in Prior Lake and Shakopee as well as to those in the MVTA's service area existing prior to this merger of transit services; and WHEREAS, the MVTA also seeks to amend the Agreement to simplify the process under this Agreement of future addition or subtraction of MVTA members. NOW, THEREFORE, BE IT RESOLVED, in consideration of the mutual covenants contained herein, it is hereby agreed by and among the Cities and Counties: 1. Name. The name of this joint powers organization is the Minnesota Valley Transit Authority, also known as the MVTA. 2. Purpose. The purpose of this Agreement is to provide public transit service in and for persons within the Cities and within the Metropolitan Area pursuant to Minnesota Statutes, Sections 473.388, 473.384, 471.59 and related statutes. Definitions. (A) "MVTA" means the organization created by this Agreement. (B) "BOARD" means the Board of Commissioners of the MVTA. (C) "MVTA BOND BOARD" means the board established under Section 6 of this Agreement. (D) "METROPOLITAN COUNCIL" means the Metropolitan Council as established by Minnesota Statutes, Section 473.123. (E) "PARTY" or "PARTIES" means any one or more of the Cities or Counties that has entered into this Agreement, and cities or counties that may become Parties subsequent to the effective date of this Third Amended and Restated Agreement. Each Party to the Agreement is a member of the MVTA. (F) "TECHNICAL WORK GROUP" is a committee consisting of one staff member of each City and County represented on the Board, which shall act as technical advisors to the Board. 4. Party Addition or Withdrawal. After the effective date of this Agreement, if new Parties join the MVTA or existing Parties withdraw and no other amendment is made to this Agreement at the time, the following process shall be used for such addition or withdrawal. New MVTA Parties shall be added to this Agreement upon the filing with the MVTA of a resolution duly adopted by the new Party or Parties agreeing to the terms of this Agreement, as it may be amended from time to time, and upon the filing of a resolution by each then existing MVTA Party, approving the addition of the new Party. All such resolutions shall be attached and become a part of this Agreement. Party withdrawal shall be effectuated in accordance with paragraph 11 of this Agreement. Upon the effective date of such withdrawal, the notice of withdrawal shall be attached to and become a part of this Agreement. No change in governmental boundaries, structure, organizational status or character shall affect the eligibility of any Party to a member of the MVTA so long as such Party continues to exist as a separate political subdivision. Board of Commissioners. (A) Except as otherwise provided under Section 6 hereof, the governing body of the MVTA shall be its Board which will consist of a representative of each MVTA Party as provided in this Agreement. Each Party shall appoint one commissioner, one alternate commissioner, and a staff member who shall serve on the Technical Work Group. The alternate commissioner and the Technical Work Group member may be the same person. The commissioner appointed by each Party shall be a member of that Party's governing body; the alternate commissioner need not be a member of the Party's governing body. Each Party has one vote. If a Party's commissioner is not present at a meeting of the Board of Commissioners, the alternate may vote. Metropolitan Council members who represent the Cities of the MVTA may serve as non- voting ex officio members of the Board. The terms of office of each commissioner and alternate commissioner shall be determined by the Party making the appointment. In January of each year, or as soon thereafter as the Party representatives to the Board are appointed, the Party shall provide to the MVTA in writing the name(s) of the appointed representative(s). (B) A commissioner or alternate may be removed by the Party appointing the commissioner with or without cause. (C) Commissioners and alternates shall serve without compensation from the MVTA. (D) A majority of the MVTA commissioners (including alternates, in the absence of commissioners) shall constitute a quorum of the Board. Attendance by a quorum of the Board shall be necessary for conducting a meeting of the Board. The Board may take action at a meeting upon the affirmative vote of a majority of the commissioners present at a meeting, (E) The Board may adopt Bylaws to govern its meetings. (F) As the first order of business at the January meeting of each year, the Board shall elect a chair, a vice chair, a secretary- treasurer, and such other officers as it deems necessary to conduct its business and affairs. The current chair shall facilitate these elections. In the event that the current chair is no longer his /her Party's representative to the MVTA, the vice chair shall facilitate the election process. In the event that both the vice chair and chair are no longer its Party's representative to the MVTA, the Board shall decide on another Board member to preside over the elections. The newly- elected chair shall then preside over the remainder of the meeting, and all meetings henceforth until a new chair is elected. In no event may an alternate commissioner act as an officer of the Board in the absence of the commissioner who holds that office. MVTA Bond Board. (A) There is hereby established the board designated as the "MVTA Bond Board." The MTVA Bond Board shall consist of a representative of each MVTA Party, each of whom is a member of the respective Parties' governing body, and is each Party's appointed commissioner on the Board. If both the Board commissioner and the Board alternate appointed by a Party are members of that Party's governing body, only the designated commissioner shall represent that Party on the MVTA Bond Board. In no event shall any alternate commissioner on the Board serve in any capacity on the MVTA Bond Board. The terms of office of each member of the MVTA Bond Board shall be the same as their terms on the Board, determined by each Party as described in Section 5(A). (B) The MVTA Bond Board may issue bonds or obligations on behalf of the Parties, under any law by which any Party may independently issue bonds or obligations, and may use the proceeds of the bonds or obligations to carry out the purposes of the law under which the bonds or obligations are issued; provided that such bonds or obligations shall be issued only to carry out the powers and duties of MVTA described in Section 7 hereof. (C) The MVTA Bond Board may issue bonds and obligations only in accordance with express authority granted by the action of the governing bodies of each Party, which bodies must each approve the Bond Board decision to issue bonds and obligations. The MVTA may not pledge the full faith and credit or taxing power of any Party to any bonds or obligations issued by the MVTA Bond Board. The bonds or obligations must be issued in the same manner and subject to the same conditions and limitations that would apply if the bonds or obligations were incurred by one of the Parties, provided that any reference to a governmental unit in the statute, law, or charter provision authorizing issuance of the bonds or obligations is considered a reference to the MVTA Bond Board. (D) A member of the MVTA Bond Board may be removed by the Party appointing that member with our without cause; provided that if a member is removed from the MVTA Bond Board, that person shall also be deemed removed from the Board; and if a member is removed from the Board, that person shall be deemed removed from the MVTA Bond Board. (E) The rules for compensation under section 5(C) and for a quorum under section 5(D) also apply to the MVTA Board. (F) Bylaws adopted by the Board under Section 5(E) also apply to the MTVA Board. (G) The officers of the MVTA Bond Board shall be the same as the officers of the Board described in Section 5(F). 7. Powers and Duties of the MVTA. (A) General. The MVTA has the powers and duties to establish a program pursuant to Minnesota Statutes, Sections 473.384 and 473.388 to provide public transit service for persons within the Parties and on such routes within the Metropolitan Area that the MVTA may operate to provide such service pursuant to the authority granted the MVTA under Minnesota Statutes, Sections 473.384, 473.388, 16A.88, and other applicable statutes, if any. The MVTA shall have all powers necessary to discharge its duties. (B) The MVTA may acquire, own, hold, use, improve, operate, maintain, lease, exchange, transfer, sell, or otherwise dispose of equipment, property, or property rights as deemed necessary to carry out the purposes of the MVTA. (C) The MVTA may enter into such contracts to carry out the purposes of the MVTA. (D) The MVTA may establish bank accounts as the Board shall from time to time determine. (E) The MVTA may employ an executive director whose duties shall be to administer policies as established by the MVTA. The executive director shall be an employee of the MVTA. The MVTA shall hire and terminate personnel and provide for compensation, insurance, and other terms and conditions that it deems necessary. (F) The MVTA may enter into a contract for management services. (G) The MVTA may sue or be sued. (H) The MVTA shall cause to be made an annual audit of the books and accounts of the MVTA and shall make and file the report to its Parties at least once each year. (I) The MVTA shall maintain books, reports, and records of its business and affairs which shall be available for and open to inspection by the Parties at all reasonable times. (J) The MVTA may contract to purchase services from any one of the Parties. (K) The MVTA may finance the acquisition of any real or personal property under a lease - purchase agreement pursuant to Minnesota Statutes, Section 465.71, including without limitation through issuance of certificates of participation in such lease (together, a "Financing Lease "); and each Party hereby expressly approves and authorizes any Financing Lease entered into by the MVTA on behalf of the Parties. 8. Operating and Capital Costs, Budgets, and Financial Liability. The MVTA shall have a fiscal year beginning January 1 and ending December 31. The executive director shall prepare an estimated budget for the next fiscal year including an estimate of expenditures, operating costs, capital costs and revenues and submit it to the Board for preliminary approval. The executive director shall also submit the preliminary budget to the Parties for comment within thirty (30) days of the date of submittal. The budget shall be deemed approved by a Party unless the Party objects to the preliminary budget within said thirty (30) days. The Board shall approve, or approve as modified, a final budget and submit the final budget by December 15 to the Metropolitan Council for approval. The Board may adjust the budget from time to time on the basis of actual costs incurred or changes in estimated revenue or expenditures. In the event of an adjustment of the budget, the Board shall furnish to each Party a computation of the adjustment. 9. Indemnification. Except as may be otherwise provided in this Agreement, the Parties transfer to the MVTA all responsibility and control for actions taken pursuant to this Agreement. The MVTA shall defend and indemnify the Parties, and their officers, elected officials, employees, and volunteers, from and against all claims, damages, losses, and expenses, including attorney's fees, arising out of the acts or omissions of the Joint Powers Board or the Bond Board in carrying out the terms of this Agreement or acts or omissions otherwise occurring in the course of carrying out MVTA operations. This Agreement does not constitute a waiver of the limitations of liability set forth in Minnesota Statutes, Section 466.04. Nothing herein shall be construed to provide insurance coverage or indemnification to an officer, employee, or volunteer of any Party for any act or omission for which the officer, employee, or volunteer is guilty of malfeasance in office, willful neglect of duty, or bad faith. To the fullest extent permitted by law, actions by the Parties to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the Parties that they shall be deemed a "single governmental unit" for the purposes of liability, as set forth in Minnesota Statutes, Section 471.59, subd. la (a), provided further that for purposes of that statute, each Party to this Agreement expressly declines responsibility for the acts or omissions of another party. The parties to this Agreement are not liable for the acts or omissions of another Party to this Agreement except to the extent they have agreed in writing to be responsible for such acts or omissions of the other Parties. 10. Insurance. The MVTA shall purchase liability insurance coverage to cover the activities of the MVTA. The MVTA shall provide all Parties with copies of the liability insurance coverage documents. The liability insurance coverage shall provide all Parties with sixty (60) days notice of cancellation, material change or termination of coverage. In the event the liability insurance coverage is cancelled, or otherwise becomes unavailable, the MVTA shall procure similar liability insurance coverage from another entity. The MVTA shall purchase insurance in addition to liability insurance in such amounts and on such terms as the MVTA shall determine. 11. Duration of Agreement. This Agreement shall continue in force from the effective date of this Agreement from year to year, subject to termination by all Parties. Withdrawal by any Party or Parties shall not affect the duration of this Agreement unless and until all Parties duly terminate this Agreement and dissolve the MVTA. Party withdrawal shall be initiated by serving written notice upon the MVTA no later than February 15`h of the year at the end of which such Party withdrawal is to be effective. Withdrawal from the Agreement by any Party at the end of the calendar year shall not affect the obligation of that Party to perform the Agreement during the period it remains a Party to the Agreement. Withdrawal of any Party or termination of the Agreement by all Parties shall not terminate or limit any liability, contingent, asserted or unasserted, of any Party arising out of that Party's participation in the Agreement. In the event a Party withdrawal or other change renders one or more provisions of this Agreement inapplicable, those inapplicable provisions shall be severed from the Agreement and the balance of the Agreement shall remain in full force and effect. 12. Distribution of Assets. (A) In the event of the withdrawal of any Party from this Agreement and subject to the return of assets set forth in subparagraph 10.1 of that certain Agreement to Consolidate Public Transit Services dated , 2014, attached as Exhibit A, the withdrawing Party shall not be reimbursed for or be entitled to the return of any costs incurred for, or contributions of property made to, the MVTA. The MVTA and the withdrawing Party shall do all things necessary to effectuate promptly the reimbursement or other form of property transfer agreed upon. The withdrawing Party shall be responsible for all reasonable costs incurred by the MVTA in effectuating the reimbursement or property transfer. (B) In the event of termination of this Agreement by all Parties, all of the assets that remain, if any, after payment of debts and obligations that are not required by terms of state statutes, federal statutes, or contracts with the Metropolitan Council or federal agencies to be available for regional use for transit purposes or to be transferred to the Metropolitan Council or federal agencies, shall be distributed among the Parties to this Agreement immediately prior to its termination in accordance with the following formula: Each Party shall receive that percentage of remaining assets determined by dividing the total then current asset value the receiving Party contributed to the MVTA by the total remaining asset value contributed by all the Parties that are Parties to this Agreement immediately prior to its termination. (C) The amount of the distribution to any Party pursuant to this Agreement, including upon withdrawal, shall be reduced by any amounts owed by the Party to the MVTA. 13. Effective Date. This Agreement shall be in full force and effect when all Parties sign this Agreement as amended and restated herein. This Agreement may be signed in counterpart. The signed Agreement shall be filed with the executive director, who shall notify all Parties at the earliest Board meeting of its effective date. IN WITNESS WHEREOF, the undersigned government units, by action of their governing bodies, have caused this Agreement to be executed in accordance with the authority of Minnesota Statutes, Section 471.59. Adopted this day of , 2014 CITY OF APPLE VALLEY By: Its: ATTEST: By: Its: STATE OF MINNESOTA ss. COUNTY OF DAKOTA On this day of 20 , before me a Notary Public within and for said County personally appeared fit and , to be personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the CITY OF APPLE VALLEY, the municipality named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed in behalf of said municipality by authority of its City Council, and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. Adopted this day of , 2014 CITY OF BURNSVILLE By: Its: ATTEST: By: Its: By: Its: ATTEST: By: Its: STATE OF MINNESOTA ss. COUNTY OF DAKOTA On this day of 20 , before me a Notary Public within and for said County personally appeared fit and , to be personally known, who being each by me duly sworn, each did say that they are respectively the Mayor, Clerk and City Manager of the CITY OF BURNSVILLE, the municipality named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed in behalf of said municipality by authority of its City Council, and said Mayor, Clerk and City Manager acknowledged said instrument to be the free act and deed of said municipality. Adopted this day of , 2014 CITY OF EAGAN By: Its: ATTEST: By: Its: STATE OF MINNESOTA ss. COUNTY OF DAKOTA On this day of 20 , before me a Notary Public within and for said County personally appeared fit and , to be personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the CITY OF EAGAN, the municipality named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed in behalf of said municipality by authority of its City Council, and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. Adopted this day of , 2014 CITY OF PRIOR LAKE By: Its: ATTEST: By: Its: STATE OF MINNESOTA ss. COUNTY OF SCOTT On this day of 20 , before me a Notary Public within and for said County personally appeared fit and , to be personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the CITY OF PRIOR LAKE, the municipality named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed in behalf of said municipality by authority of its City Council, and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. Adopted this day of , 2014 CITY OF ROSEMOUNT By: Its: ATTEST: By: Its: STATE OF MINNESOTA ss. COUNTY OF DAKOTA On this day of 20 , before me a Notary Public within and for said County personally appeared fit and , to be personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Cleric of the CITY OF ROSEMOUNT, the municipality named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed in behalf of said municipality by authority of its City Council, and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. Adopted this day of , 2014 CITY OF SAVAGE By: Its: ATTEST: By: Its: STATE OF MINNESOTA ss. COUNTY OF SCOTT On this day of 20 , before me a Notary Public within and for said County personally appeared fit and , to be personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Cleric of the CITY OF SAVAGE, the municipality named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed in behalf of said municipality by authority of its City Council, and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. Adopted this day of , 2014 CITY OF SHAKOPEE By: Its: ATTEST: By: Its: STATE OF MINNESOTA ss. COUNTY OF SCOTT On this day of 20 , before me a Notary Public within and for said County personally appeared fit and , to be personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the CITY OF SHAKOPEE, the municipality named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed in behalf of said municipality by authority of its City Council, and said Mayor and Cleric acknowledged said instrument to be the free act and deed of said municipality. DAKOTA COUNTY RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM: Its: In Its: COUNTY BOARD RESOLUTION: By: No: Date: Date: SCOTT COUNTY RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM: C Its IIn Its: COUNTY BOARD RESOLUTION: By: No: Date: Date: Exhibit C Consolidation Work Plan See timeline on the following page INI e e° LBB° r� ig LF �i I 11 11 11 11 11 I.P. H 11 11 s 11 3 r i a 6 _ = k � III17 _ L I u tla :2 -9 . _ 953,5 59#n- n�,,a aa�aa n 8 6 3 {tl K ye u 'Y �3. - t8.� e k w @ E � c �' s m�' � �".�• ���lC �p '3 ,�' °g Z I S � 8g ��6 ✓� YC �a � Tn. CCW N 6 is e- E fi §Ra IE @H n4 �3s 8` e� o L e.S g f fatlk E E,5 adP gdtS E °E g s,° d I IB me°1g 8$ fp ylsp 1'�f PtlE '�@ Ic� 8 a: e.Y i Y, V 1D 0 S ., L' F H R I9 @ 2' § t• p y. �q C5 R Q C a 6€ k` P 'J q °� .�2 Ci i§ a g& S i tX= E E & 9 C a &(! 4 EGEE •p�V,.&' .b2< tl S� . -LE&&E 8E bb — 88112d�T�o °�G ,EE PEN Ia',AS U a�i�svu 4m: o. SIP _ 6mu�r�a- a4 =.2_. n�'L _QU�iii_c� _�.sza.s_'.>_fmu�aivas�i�i ° uop¢, orvl n.sva�onoa �oi¢.,ow ooh,os,.woa9�o EO ow ry oV ow uolr�rv•a ba bd Exhibit D Rights, Funds, and Equipment Transferred to MVTA Fleet Bus Number Model Year Model Vin Prior Lake 4515 2006 MCI: D4500 1M8PDMPAX7PO57883 Prior Lake 6061 2010 MCI: D4500 1M8PDMEA5AP059583 Prior Lake 6062 2012 MCI: D4500 1M8PDMBA3CP012723 Prior Lake 6063 2013 MCI: D4500 1M8PDMBAXDPO12901 Prior Lake 6064 2013 MCI: D4500 1M8PDMBA1DPO12902 Prior Lake TBD 2014 MCI: D4500 CMAQ; delivery 10/2014 Prior Lake TBD 2014 MCI: D4500 CMAQ; delivery 10/2014 Prior Lake TBD 2014 MCI: D4500 CMAQ; delivery 10/2014 Shakopee 4017 2006 MCI: D4500 1M8PDMPA47PO57880 Shakopee 1018 2006 MCI: D4500 1M8PDMPA67PO57881 Shakopee 4019 2006 MCI: D4500 1M8PDMPA87PO57882 Shakopee 4020 2006 MCI: D4500 1M8PDMPA87PO57879 Shakopee 6053 2007 MCI: D4500 1M8PDMPA17PO57884 Shakopee TBD 2015 MCI: D4500 CMAQ; delivery 2015 Shakopee TBD 2015 MCI: D4500 CMAQ; delivery 2015 Shakopee TBD 2015 MCI: D4500 CMAQ; delivery 2015 Shakopee 64021 2008 Supreme: Startrans 1FDXE45S58DBO9779 Shakopee 64022 2008 Supreme: Startrans 1FDXE45S38DBO9781 Shakopee 64037 2010 Goshen Coach: GCII 1FDFE4FS1ADA82337 Shakopee 64038 2010 Goshen Coach: GCII 1FDFE4FSOADA84659 Shakopee 64039 2010 Goshen Coach: GCII 1FDFE4FS7ADA84660 Facilities MVTA will execute an agreement with Scott County to operate from Southbridge Park and Ride, Eagle Creek, Park and Ride, and Marschall Road Transit Station. Fund Transfer The amount of funds transferred will be determined based on Section 4.3 of the Consolidation Agreement. Updated 5/15/2014 Exhibit E MVTA Major Service Change Policy for All Service Per MVTA Title VI Plan • Approved December 11, 2013 Aggendix 2 Minnesota Valley Transit Authority (MVTA) Major Service Change Policy - Effective March 27, 2013 - The Federal Transit Administration's (FTA) updated Circular 4702.16 includes new requirements that all transit providers, in an urbanized area of more than 200,000 who receive federal funding and operate at least 50 peak vehicles, establish a policy defining the threshold used to identify a major service change. The major service change threshold is used to determine when a more detailed, service equity analysis is required. All increases or decreases in fixed route service that meet the major service change threshold require a Title VI Equity Analysis priorto implementation, which must be presented to MVTA's Board for consideration and recorded in MVTA's Title VI Plan. Further, the FTA requires public engagement in the decision - making process used to develop this policy, The major service change policy will be approved by the MVTA Board and incorporated into MVTA's Title VI Plan. Major Service Change Thresholds In support of a regional approach to developing a major service change policy, MVTA recommends adopting criteria in collaboration with the Metropolitan Council, due to differences in system size and service types, the criteria below includes slight modifications that best reflect MVTA's service area. A major service change meets at least one of the following criteria; a) An existing route or set of routes, with one or more net increases or decreases within a 12 month period of more than a 25% change in the daily in- service hours. b) Anew route in anew coverage area. c) A system -wide restructuring of transit service. d) Elimination of a transit route without alternate service or a fixed route replacement. The following service changes are exempt; a) Seasonal service changes. b) Route number or branch letter designation. c) Any change or discontinuation of a demonstration route within the first 24 months of operation, d) Changes on special service routes such as State Fair, sporting events, and special events. e) Route changes caused by an emergency. Emergencies include, but are not limited to, major construction, labor strikes, and inadequate fuel supplies. f) Any service change that does not meet the conditions of a major service change as defined above. Updated January 16, 2013 Y Minnesota Vailoy Transit Authority Exhibit F Start -Up Costs Program Area Task Prior Lake Share Shakopee Share MVTA Share Customer Service Bogm developing marketing plan ____ In kind _ _ Customerser•ice !Survey _ _ ,__ of BlueXpress and Shakopee Circulator riders (pre-merger) _ $ 750.00 $ 750.00 Elected Officials (Approve updated IPA and Bylaws Elected Officials i Execute new MVTA provider contract Finance lintegrate Scott County transit CIP projects into MVTA (IP; included in financial analysis In kind Fleet linstall cell phone mounting kits on BlueXpress buses $ 2,000.00 $ 1,250.00 Fleet4 l Integrate dispatch communication system with EBG $ 900.00 $ 900.00 — Fleet jPurchase and install RouteMatch on BlueXpress buses (RM eptino 1) �..m�.. $ 167,$76.92 $ 104,923.08 IT lintegrate real time information •dependent upon RouteMatch In kind IT _ Order and install WiR on BlueXpress buses $ _ 5,230.77 $ 3,269.23 Planning Develop service plan for 3 Prior Lake CMAQ buses _ _ _ $ 5,400.00 Elected Official; Beginbranding /marketing discussions Fleet 3 Shakopee CMAQ buses ordered & delivered 20,1. local match for operations included in financial analysis _ Operations IDe•:elop SOP for incident management process In kind Operations state Fair Service &Marketing $ 2,700.00 $ 2,700.00 in kind Customer Service Scott County Facilities Tour _ Customer Service lCustomer Service Training ..��.�.�t In kind Customer Service Integrate and print pocket schedules (one year of printing costs) $ 10,000.00 $ 10,000.00 Operations jesingSh4opee Circulator fares into regional compliance planning - �_- lJoint MVTA- BlueXpress spring service change information posted _ _ . _ In kind IT I Provide MVTA access to park and ride facility cameras (potentially Via remote log in) IT Provide MVTA override capabilities to transit -only Pates in Scott County (potentially via remote lop, in) Legal (Extend Shakopee Circulator Agreement with Scott County for 2015 operations Legal Re- assign Shakopee Circulator Agreement to MVTA, effective January 1, 2015 I _ Legal Reassign park-and-ride maintenance agreement vfith Beniek to MVTA, effective January• i, 2015 ±P &P.. -:Pt-r,, 1) Legal New agreement between MYA and Scott County for Scott County management of park and ride contract iWR E opG; n 2i ^ LEI New agreement between MVTA and Scott County for operation from Eagle Creek and Marschall Road Transit Station Operations Review driverquali (!cations /training plan $ 900.00 5 900.00- Customer Service Prepare marketing materials & public information messages _ _ _ _ _ _ In kind Customer Service - Marketing of merged services 5 1,666.67 $ 1,666.67. S 1,666.67 Customer Service Centralize customer service at MVTA in kind customer service Implement transit website integration plan in kind Fleet Maintenance Training, including site visit $ 387.50') S 387.50 In kind Fleet order spare gate access chips $ 500.001S 500.00 Fleet jOrdef TwinVision destination signs S 64,000.00 $ 40,000.00 Fleet _� _ _ T Order Sean cameras for BlueXpresrbuses S X1.0,000.00 S 25,000.00 Operation, Prior Lake CMAQ serv!c- begins Operations _ IDispatch Training, mcluding sfte visit S 775.00 _.. Operations loriverTrainine, asneeded $ 4,260.00 $ 4,260.00 Operations _ jAdditional supervisors (from provider) In kind _ _ _ Operations _Inform BlueXpress drivers of Penalties and Incentives Program. and Reporting Requirements 7n kind Planning ?Centralize Planning at MVTA In kind Fleet (Bus WraPp, _ _ _ _ _ S 60,000.00 S 37,500.00 Met Council_ Transferfunds to MVTA �...W Operations Provide SST written notice that BlueXpress services are re- assigned to MVTA; continue under SST operations Fleet .N_.w_...��.�. Coordinate with SST Lakeville to install bus equipment In kind Fleet Install and pMgram TwinVision destination signs on Blue Xpress buses $ 1,538.46 $ 961.54 _ _...YW�.k.. Float lInstall Seen cameras `$ 1,538.46 $ 961 -54 Fleet �MVTA Beet maintenance software expanded to include BlueXpress buses $ 9,230.77 $ 5,769.23 Operations I BlueXpress services are managed by MVTA; SST Operations continue Operations Scott County operates Shakopee Circulator under contract with MVTA _ Fleet lCentralize Blue %press fleet at Eagan Bus Garage (assume 13 MCI buses) Fleet BlueXpress Fleet absorbed into MVTAv_ehicle replacement plan In kind Operations �­7Centralize MVTA operates BlueXpress Services Operations BlueXpress dispatch at Eagan Bus Garage _ Finance 'Evaluatestaffing:.potential needs include;ntent; operations supervisor; customer service; finance; and maintenance 5 78;000.00. Planning ervekp service plan for 3 Shakopee CMAQ buses; implement with MVTA summer service change $ 5,400.00, _ _ Fleet [Phase in RouteMatch technology on BlueXpress buses (Pt t dioe 2) Jn kind Planning I Hire consult to perform northern Scott county local service study; potential to include MVTA services $ 25,000.00 5 25,000.00 $ 25,000:00 - Customer Service Survey of all MVTA riders $ 1,166.67 S 1,166.67 5 1,166.67 Facilities (Evaluate Beniek park and ride maintenance agreement Facilities Planning IEcaluate continuation of Scott County mans ement of ark and rides I Service study kick off Operations Provide written notice to MVTA service provider regarding service addition I Operations — _ (provide viritten notice to Sclun(tty's and Sons to terminate BlueXpress service Planning Evaluate existing bus stop in prior Lake at Main /CR 21 when traffic signal at Arcadia /Main is installed Planning Prioritize service changes, including local service in northern Scott County MVTA 1Comprehensive review of first year and merged services i TOTAL $ 405,046.22 I $ 273,265.45 $ 106,608.33 Exhibit G Schedule for Fund Transfers Notes: 'The Minimum Fund Balance Amount is equal to 25% of the 2015 budgeted expenditures. Prior Lake, Shakopee and MVTA will work together to establish the 2015 budget amount. 2This transfer is intended to cover the operations bills which will be assumed by MVTA as of the Consolidation Date (January 1, 2015). 3This transfer will include all remaining transit fund balances. The total will be based on the balance in the cities' transit funds, less the start -up costs, minimum fund balance transfers and any funds spent or otherwise legally obligated prior to the Consolidation Date. Prior Lake Shakopee Date Activity Amount Amount One month Transfer estimated amount for MVTA's start -up .after costs as detailed on Exhibit F of the Consolidation $ 410,000 $ 275,000 Effective Agreement Date 2015 . estimated operating budgets $ 1,000,000 $ 1,200,000 01- Jan -15 Consolidation Date Minimum Fund Balance Amount' $ 250,000 $ 300,000 15- Feb -15 Transfer 75% of Minimum Fund Balance Amount to $ 187,500 $ 225,000 MVTAZ 15- Aug -15 Transfer remaining 25% of Minimum Fund Balance $ 62,500 $ 75,000 Amount to MVTA Transfer any remaining transit fund balance to To Be To Be 15- Aug -15 MVTA3 Determined I Determined Notes: 'The Minimum Fund Balance Amount is equal to 25% of the 2015 budgeted expenditures. Prior Lake, Shakopee and MVTA will work together to establish the 2015 budget amount. 2This transfer is intended to cover the operations bills which will be assumed by MVTA as of the Consolidation Date (January 1, 2015). 3This transfer will include all remaining transit fund balances. The total will be based on the balance in the cities' transit funds, less the start -up costs, minimum fund balance transfers and any funds spent or otherwise legally obligated prior to the Consolidation Date. THIRD AMENDED AND RESTATED JOINT POWERS AGREEMENT OF THE MINNESOTA VALLEY TRANSIT AUTHORITY THIS THIRD AMENDED AND RESTATED JOINT POWERS AGREEMENT ( "Agreement ") is by and among the Cities of Apple Valley, Burnsville, Eagan, Prior Lake, Rosemount, Savage, and Shakopee ( "Cities ") municipal corporations organized under the laws of the State of Minnesota, and Dakota County and Scott County ( "Counties "), political subdivisions under the laws of the State of Minnesota. This Agreement amends, restates and replaces the Minnesota Valley Transit Authority ( "MVTA ") Second Amended and Restated Joint Powers Agreement adopted in October 2012. The Agreement is made pursuant to the authority conferred upon the Parties by Minnesota Statutes, Sections 473.384, 473.388, and 471.59 and related statutes. WHEREAS, since 1990, the MVTA has operated as a legislatively- authorized "opt -out" provider of Metropolitan Transit Service in and for the areas of cities that have been members of the MVTA; WHEREAS, the Cities of Prior Lake and Shakopee seek to add their public transit services to the MVTA by becoming members of the MVTA and continue the provision of high quality transit services to their customers through the MVTA; WHEREAS, the MVTA, by and through its board and constituent members, seeks to add Prior Lake and Shakopee as new MVTA members and incorporate their public transit services and customer service areas into the MVTA while maintaining high quality services to those customers in Prior Lake and Shakopee as well as to those in the MVTA's service area existing prior to this merger of transit services; WHEREAS, Dakota County seeks to withdraw from the MVTA as a member and become a non - voting, ex- officio member of the Board, effective immediately upon full execution of this Third Amended and Restated Agreement, and WHEREAS, the MVTA also seeks to amend the Agreement to simplify the process under this Agreement of future addition or subtraction of MVTA members. NOW, THEREFORE, BE IT RESOLVED, in consideration of the mutual covenants contained herein, it is hereby agreed by and among the Cities and Counties: 1. Name. The name of this joint powers organization is the Minnesota Valley Transit Authority, also known as the MVTA. 2. Purpose. The purpose of this Agreement is to provide public transit service in and for persons within the Cities and within the Metropolitan Area pursuant to Minnesota Statutes, Sections 473.388, 473.384, 471.59 and related statutes. 391535v15 JMS MN455 -1 Definitions. (A) "MVTA" means the organization created by this Agreement. (B) "BOARD" means the Board of Commissioners of the MVTA. (C) "MVTA BOND BOARD" means the board established under Section 6 of this Agreement. (D) "METROPOLITAN COUNCIL" means the Metropolitan Council as established by Minnesota Statutes, Section 473.123. (E) "PARTY" or "PARTIES" means any one or more of the Cities or Counties that has entered into this Agreement, and cities or counties that may become Parties subsequent to the effective date of this Third Amended and Restated Agreement. Each Party to the Agreement is a member of the MVTA. (F) "TECHNICAL WORK GROUP" is a committee consisting of one staff member of each City and County represented on the Board, which shall act as technical advisors to the Board. 4. Party Addition or Withdrawal. After the effective date of this Agreement, if new Parties join the MVTA or existing Parties withdraw and no other amendment is made to this Agreement at the time, the following process shall be used for such addition or withdrawal. New MVTA Parties shall be added to this Agreement upon the filing with the MVTA of a resolution duly adopted by the new Party or Parties agreeing to the terms of this Agreement, as it may be amended from time to time, and upon the filing of a resolution by each then existing MVTA Party, approving the addition of the new Party. All such resolutions shall be attached and become a part of this Agreement. Parry withdrawal shall be effectuated in accordance with paragraph 11 of this Agreement. Upon the effective date of such withdrawal, the notice of withdrawal shall be attached to and become a part of this Agreement. No change in governmental boundaries, structure, organizational status or character shall affect the eligibility of any Party to a member of the MVTA so long as such Party continues to exist as a separate political subdivision. Board of Commissioners. (A) Except as otherwise provided under Section 6 hereof, the governing body of the MVTA shall be its Board which will consist of a representative of each MVTA Party as provided in this Agreement. Each Party shall appoint one commissioner, one alternate commissioner, and a staff member who shall serve on the Technical Work Group. The alternate commissioner and the Technical Work Group member may be the same person. The commissioner appointed by each Party shall be a member of that Party's governing body; the alternate commissioner need not be a member of the Party's governing body. Each Party has one vote. If a Party's commissioner is not present at a meeting of the Board of Commissioners, the alternate may vote. Metropolitan Council members who represent the Cities of the MVTA and a duly appointed representative from Dakota County and other representatives of municipalities or political subdivisions, as may be approved by the Board from time to time, may serve as non - voting ex officio members of the Board. The terms of office of each commissioner and alternate commissioner 391535AS JMS MN455 -1 shall be determined by the Party making the appointment. In January of each year, or as soon thereafter as the Party representatives to the Board are appointed, the Party shall provide to the MVTA in writing the name(s) of the appointed representative(s). (B) A commissioner or alternate may be removed by the Party appointing the commissioner with or without cause. (C) Commissioners and alternates shall serve without compensation from the MVTA. (D) A majority of the MVTA commissioners (including alternates, in the absence of commissioners) shall constitute a quorum of the Board. Attendance by a quorum of the Board shall be necessary for conducting a meeting of the Board. The Board may take action at a meeting upon the affirmative vote of a majority of the commissioners present at a meeting, (E) The Board may adopt Bylaws to govern its meetings. (F) As the first order of business at the January meeting of each year, the Board shall elect a chair, a vice chair, a secretary- treasurer, and such other officers as it deems necessary to conduct its business and affairs. The current chair shall facilitate these elections. In the event that the current chair is no longer his /her Party's representative to the MVTA, the vice chair shall facilitate the election process. In the event that both the vice chair and chair are no longer its Party's representative to the MVTA, the Board shall decide on another Board member to preside over the elections. The newly - elected chair shall then preside over the remainder of the meeting, and all meetings henceforth until a new chair is elected. In no event may an alternate commissioner act as an officer of the Board in the absence of the commissioner who holds that office. MVTA Bond Board. (A) There is hereby established the board designated as the "MVTA Bond Board." The MTVA Bond Board shall consist of a representative of each MVTA Party, each of whom is a member of the respective Parties' governing body, and is each Party's appointed commissioner on the Board. If both the Board commissioner and the Board alternate appointed by a Party are members of that Party's governing body, only the designated commissioner shall represent that Party on the MVTA Bond Board. In no event shall any alternate commissioner on the Board serve in any capacity on the MVTA Bond Board. The terms of office of each member of the MVTA Bond Board shall be the same as their terms on the Board, determined by each Party as described in Section 5(A). (B) The MVTA Bond Board may issue bonds or obligations on behalf of the Parties, under any law by which any Party may independently issue bonds or obligations, and may use the proceeds of the bonds or obligations to carry out the purposes of the law under which the bonds or obligations are issued; provided that such bonds or obligations shall be issued only to carry out the powers and duties of MVTA described in Section 7 hereof. 391535v15 JMS MN455 -1 (C) The MVTA Bond Board may issue bonds and obligations only in accordance with express authority granted by the action of the governing bodies of each Party, which bodies must each approve the Bond Board decision to issue bonds and obligations. The MVTA may not pledge the full faith and credit or taxing power of any Party to any bonds or obligations issued by the MVTA Bond Board. The bonds or obligations must be issued in the same manner and subject to the same conditions and limitations that would apply if the bonds or obligations were incurred by one of the Parties, provided that any reference to a governmental unit in the statute, law, or charter provision authorizing issuance of the bonds or obligations is considered a reference to the MVTA Bond Board. (D) A member of the MVTA Bond Board may be removed by the Party appointing that member with our without cause; provided that if a member is removed from the MVTA Bond Board, that person shall also be deemed removed from the Board; and if a member is removed from the Board, that person shall be deemed removed from the MVTA Bond Board. (E) The rules for compensation under section 5(C) and for a quorum under section 5(D) also apply to the MVTA Board. (F) Bylaws adopted by the Board under Section 5(E) also apply to the MTVA Board. (G) The officers of the MVTA Bond Board shall be the same as the officers of the Board described in Section 5(F). Powers and Duties of the MVTA. (A) General. The MVTA has the powers and duties to establish a program pursuant to Minnesota Statutes, Sections 473.384 and 473.388 to provide public transit service for persons within the Parties and on such routes within the Metropolitan Area that the MVTA may operate to provide such service pursuant to the authority granted the MVTA under Minnesota Statutes, Sections 473.384, 473.388, 16A.88, and other applicable statutes, if any. The MVTA shall have all powers necessary to discharge its duties. (B) The MVTA may acquire, own, hold, use, improve, operate, maintain, lease, exchange, transfer, sell, or otherwise dispose of equipment, property, or property rights as deemed necessary to carry out the purposes of the MVTA. (C) The MVTA may enter into such contracts to carry out the purposes of the MVTA. (D) The MVTA may establish bank accounts as the Board shall from time to time determine. (E) The MVTA may employ an executive director whose duties shall be to administer policies as established by the MVTA. The executive director shall be an employee of the MVTA. The MVTA shall hire and terminate personnel and provide for 39153505 JMS MN455 -1 compensation, insurance, and other terms and conditions that it deems necessary. (F) The MVTA may enter into a contract for management services. (G) The MVTA may sue or be sued. (H) The MVTA shall cause to be made an annual audit of the books and accounts of the MVTA and shall make and file the report to its Parties at least once each year. (I) The MVTA shall maintain books, reports, and records of its business and affairs which shall be available for and open to inspection by the Parties at all reasonable times. (J) The MVTA may contract to purchase services from any one of the Parties. (K) The MVTA may finance the acquisition of any real or personal property under a lease - purchase agreement pursuant to Minnesota Statutes, Section 465.71, including without limitation through issuance of certificates of participation in such lease (together, a "Financing Lease "); and each Party hereby expressly approves and authorizes any Financing Lease entered into by the MVTA on behalf of the Parties. 8. Operating and Capital Costs, Budgets, and Financial Liability. The MVTA shall have a fiscal year beginning January 1 and ending December 31. The executive director shall prepare an estimated budget for the next fiscal year including an estimate of expenditures, operating costs, capital costs and revenues and submit it to the Board for preliminary approval. The executive director shall also submit the preliminary budget to the Parties for comment within thirty (30) days of the date of submittal. The budget shall be deemed approved by a Party unless the Party objects to the preliminary budget within said thirty (30) days. The Board shall approve, or approve as modified, a final budget and submit the final budget by December 15 to the Metropolitan Council for approval. The Board may adjust the budget from time to time on the basis of actual costs incurred or changes in estimated revenue or expenditures. In the event of an adjustment of the budget, the Board shall furnish to each Party a computation of the adjustment. 9. Indemnification. Except as may be otherwise provided in this Agreement, the Parties transfer to the MVTA all responsibility and control for actions taken pursuant to this Agreement. The MVTA shall defend and indemnify the Parties, and their officers, elected officials, employees, and volunteers, from and against all claims, damages, losses, and expenses, including attorney's fees, arising out of the acts or omissions of the Joint Powers Board or the Bond Board in carrying out the terms of this Agreement or acts or omissions otherwise occurring in the course of carrying out MVTA operations. This Agreement does not constitute a waiver of the limitations of liability set forth in Minnesota Statutes, Section 466.04. Nothing herein shall be construed to provide insurance coverage or indemnification to an officer, employee, or volunteer of any Party for any act or omission for which the officer, employee, or volunteer is guilty of malfeasance in office, willful neglect of duty, or bad faith. To the fullest extent permitted by law, actions by the Parties to this Agreement are intended to be and shall be 391535v15 JMS MN455 -1 construed as a "cooperative activity" and it is the intent of the Parties that they shall be deemed a "single governmental unit" for the purposes of liability, as set forth in Minnesota Statutes, Section 471.59, subd. la (a), provided further that for purposes of that statute, each Party to this Agreement expressly declines responsibility for the acts or omissions of another party. The parties to this Agreement are not liable for the acts or omissions of another Party to this Agreement except to the extent they have agreed in writing to be responsible for such acts or omissions of the other Parties. 10. Insurance. The MVTA shall purchase liability insurance coverage to cover the activities of the MVTA. The MVTA shall provide all Parties with copies of the liability insurance coverage documents. The liability insurance coverage shall provide all Parties with sixty (60) days notice of cancellation, material change or termination of coverage. In the event the liability insurance coverage is cancelled, or otherwise becomes unavailable, the MVTA shall procure similar liability insurance coverage from another entity. The MVTA shall purchase insurance in addition to liability insurance in such amounts and on such terms as the MVTA shall determine. 11. Duration of Agreement. This Agreement shall continue in force from the effective date of this Agreement from year to year, subject to termination by all Parties. Withdrawal by any Party or Parties shall not affect the duration of this Agreement unless and until all Parties duly terminate this Agreement and dissolve the MVTA. Party withdrawal shall be initiated by serving written notice upon the MVTA no later than February 15' of the year at the end of which such Party withdrawal is to be effective; provided, however, that withdrawal by Dakota County duly acted upon and noticed by the County Board prior to the effective date of the Third Amended and Restated Agreement, shall be occur on the effective date. Withdrawal from the Agreement by any Party at the end of the calendar year shall not affect the obligation of that Party to perform the Agreement during the period it remains a Party to the Agreement. Withdrawal of any Party or termination of the Agreement by all Parties shall not terminate or limit any liability, contingent, asserted or unasserted, of any Party arising out of that Party's participation in the Agreement. In the event a Party withdrawal or other change renders one or more provisions of this Agreement inapplicable, those inapplicable provisions shall be severed from the Agreement and the balance of the Agreement shall remain in full force and effect. 12. Distribution of Assets. (A) In the event of the withdrawal of any Party from this Agreement and subject to the return of assets set forth in subparagraph 10.1 of that certain Agreement to Consolidate Public Transit Services dated 2014, attached as Exhibit A, the withdrawing Party shall not be reimbursed for or be entitled to the return of any costs incurred for, or contributions of property made to, the MVTA. The MVTA and the withdrawing Party shall do all things necessary to effectuate promptly the reimbursement or other form of property transfer agreed upon. The withdrawing Party shall be responsible for all reasonable costs incurred by the MVTA in effectuating the reimbursement or property transfer. (B) In the event of termination of this Agreement by all Parties, all of the assets that remain, if any, after payment of debts and obligations that are not required by terms of state statutes, federal statutes, or contracts with the Metropolitan Council or federal 391535v15 JMS MN455 -1 agencies to be available for regional use for transit purposes or to be transferred to the Metropolitan Council or federal agencies, shall be distributed among the Parties to this Agreement immediately prior to its termination in accordance with the following formula: Each Party shall receive that percentage of remaining assets determined by dividing the total then current asset value the receiving Party contributed to the MVTA by the total remaining asset value contributed by all the Parties that are Parties to this Agreement immediately prior to its termination. (C) The amount of the distribution to any Party pursuant to this Agreement, including upon withdrawal, shall be reduced by any amounts owed by the Party to the MVTA. 13. Effective Date. This Agreement shall be in full force and effect when all Parties sign this Agreement as amended and restated herein. This Agreement may be signed in counterpart. The signed Agreement shall be filed with the executive director, who shall notify all Parties at the earliest Board meeting of its effective date. 391535v15 JMS MN455 -1 Adopted this day of , 2014 CITY OF EAGAN By: Its: ATTEST: By: Its: STATE OF MINNESOTA ss. COUNTY OF DAKOTA On this day of 20 , before me a Notary Public within and for said County personally appeared fit and , to be personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the CITY OF EAGAN, the municipality named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed in behalf of said municipality by authority of its City Council, and said Mayor and Cleric acknowledged said instrument to be the free act and deed of said municipality. 391535v15 JMS MN455 -1 Agenda Information Memo Eagan City Council Meeting August 19, 2014 P. AUTHORIZE PREPARATION AND SUBMITTAL OF COMMENTS TO THE FCC Action to Be Considered: To authorize staff to prepare and submit comments to the Federal Communications Commission (FCC) regarding Comcast's proposed merger with Time Warner Cable and the spinning off of the Minnesota market to a new company known as Midwest Cable operated by Charter Communications. FACTS: ➢ In late April of this year Comcast announced its intention to divest itself of the Minnesota market and transfer ownership to a new spin off company to be partly owned and fully operated by Charter Communications. ➢ The move comes as part of efforts by two cable companies ( Comcast and Time Warner Cable) to merge and a third cable company (Charter) to consolidate market share in the Midwest. ➢ To gain federal regulatory approval, Comcast intends to transfer ownership of its Minnesota franchises (including Eagan) to a new entity known as Midwest Cable, partly owned by Comcast shareholders and partly owned by Charter Communications. If the deals gain approval, Charter would have a management agreement to run the day -to- operations for Eagan and Twin Cities cable customers and Comcast would cease operating in this market. ➢ As a number of questions have been raised about whether the new spinoff company would be adequately capitalized to serve the Eagan market and make the same level of technology investments in its system upgrades, authorization is being sought for staff to prepare and submit comments to the FCC regarding the proposed merger and divestiture on the federal docket prior to the August 25 deadline. ➢ Based on the advice of Eagan's cable franchise attorney, comments would focus on reasons to oppose the merger and transfer at this time, and conditions that should be imposed should any transfer of Comcast franchises to Midwest Cable be approved. ATTACHMENTS: (0) Agenda Information Memo August 19, 2014, Eagan City Council Meeting CONSENT AGENDA Q. Direct Preparation of City Code Amendments to permit and license indoor gun ranges Action To Be Considered: To direct the preparation of City Code Amendments to permit and license indoor gun ranges. Facts: ➢ City staff has been approached by an individual named O'Neal Hampton regarding his interest in the possibility of locating an indoor gun range in the City of Eagan. At a City Council Listening Session earlier this year, staff asked whether the City Council wished to consider the matter and direction as provided to prepare background on the matter and related public policy issues for further discussion at a Council workshop. The item was before the Council at its workshop on August 11, 2014. ➢ Staff research determined that an indoor gun range could be considered to be indoor recreation and, as such, would be a permitted use in the Limited Industrial (1 -1) zone. The activity itself is prohibited, though, by City Code Section 10.10, which prohibits the discharge of firearms within the City. The West End Fishing and Hunting Club in southeast Eagan and the Police firing range in west Eagan are grandfathered /exempted from this regulation. ➢ As an outcome of the discussion of the background and policy issues related to this matter, the City Council provided direction regarding the issues to be addressed in draft ordinances related to the potential licensing of indoor gun range uses. The action item above would authorize preparation of the draft ordinances for further consideration. The Council indicated that it would review the draft amendments in workshop again, prior to placing the item on a Council agenda for formal action. ➢ Further background on the matter is included in the staff memo in the Workshop packet. Attachments: (0) Agenda Information Memo August 19, 2104, Eagan City Council Meeting VI. OLD BUSINESS A. Planned Development Amendment and Preliminary Subdivision (Eagan Promenade 4t" Addition) — Chick -fil -A Action To Be Considered: To approve (or direct preparation of Findings of Fact for denial of) a Planned Development Amendment to allow the subdivision and addition of a building and a restaurant use with drive - through service within the Eagan Promenade Planned Development located at 3380 Denmark Avenue, subject to the conditions listed in the APC minutes. To approve (or direct preparation of Findings of Fact for denial of) a Preliminary Subdivision to create two lots upon 2.63 acres located at 3380 Denmark Avenue, subject to the conditions listed in the APC minutes. Required Vote For Approval: ➢ Preliminary Subdivision — Majority of Councilmembers present. ➢ PD Amendment —At least three votes. Facts: ➢ This request was before the City Council on April 16, 2014, and was continued to allow the applicant time to respond to the Council's feedback. ➢ In response, the applicant has provided revised plans and an updated narrative. New comments in the applicant's narrative have been highlighted. ➢ Property is zoned PD and located within the Central Commons Special Area, guided for Retail Commercial uses. ➢ The Eagan Promenade PD was initially approved in 1996 and included in -line retail commercial with several free - standing single- occupant buildings. Drive - thru service was intentionally limited to a bank (TCF) and the Dairy Queen, which is located across Denmark Avenue to the west. ➢ In recent years, two of the free - standing buildings have converted to multiple tenant retail, and one existing restaurant has added drive - through service. ➢ The current request proposes to subdivide the TCF parcel into two lots, and add a new drive - through restaurant building at the east end of the site (Chick- fil -A). ➢ The Site Plan shows the following: o The drive - through approach is from the west along the south side of the building, with the pick -up window on the east side of the building. o The majority of parking will be retained within the TCF parcel, and shared between the two uses. • The trash enclosure is located to the north of the building and is detached. • A new monument sign is proposed adjacent to Yankee Doodle Rd. to be shared with TCF; the existing monument along Denmark would be removed. • An outdoor dining patio is proposed at the southwest corner of the building along with a 50' flagpole. • A direct pedestrian connection will be added between the proposed Chick -fil- A building and the trail along Yankee Doodle Road. ➢ The proposed building is two colors of brick in different textures, and glass. The building appears to comply with architectural standards in the City Code including materials and parapet height, and is not incompatible with other buildings in the Promenade PD. ➢ The site lighting and landscape plans also appear acceptable. ➢ Private easements are proposed for ingress /egress, shared signage, and shared parking. ➢ Promenade Place is a private street that provides access to the public streets of Denmark Avenue and Promenade Avenue at the west and east ends of the Promenade development. ➢ The developer's traffic engineer performed a traffic study and concluded the existing traffic operations for westbound left turns at the Denmark Avenue/ Promenade Place intersection currently operate at a Level of Service (LOS) F, which represents the worst measurement of traffic flow on a scale ranging from A to F, and traffic issues and vehicle delays are expected to become substantially worse with the additional traffic anticipated with the proposed development. ➢ The traffic study concluded vehicle queues and traffic operations could be improved with the extension of the existing westbound right turn lane and the construction of a median to limit left turns on Promenade Place between Denmark Avenue to approximately 300' east. These improvements would be located off the proposed development site. ➢ A public hearing was held on March 25, 2014 and the APC recommended denial on a 3 -4 vote. The stated reasons for denial are summarized in the attached draft APC meeting minutes and referenced below. Issues: ➢ At the April 16, 2014 meeting, the City Council identified the biggest concern is traffic movement and circulation with Promenade Place and Denmark Avenue. New comments below address the Council's past feedback in regard to the stated issues, and the applicant's revisions since the April 2014 meeting. ➢ The Council requested staff and the City Attorney to provide information regarding how tax valuation and assessment policies would apply to the proposed lots. This information is provided in the attached staff memo dated August 13, 2014. ➢ Trash Enclosure —At the April 16, 2014 meeting, the Council indicated the off -site detached trash enclosure would be considered provided the enclosure meets finish standards. Further analysis is provided in the supplemental staff memo. • On the revised plans, the detached trash enclosure has been relocated to the north edge of the site. In this location it remains off -site on the TCF lot (Lot 1), and encroaches approximately 2' into the drainage and utility easement and into the required 5' setback from the property line. The reduced setback is a deviation from typical Code standards, and the enclosure should be outside of any easements. • The detail plans for the trash enclosure show an exterior finish of brick. The enclosure is approximately 8.5' in height and has a white membrane roof. At one end of the enclosure, there is a small storage area separate from the trash containers. Conditions of approval require the brick finish to match the principal building. ➢ Preliminary Subdivision -The proposed subdivision includes several deviations to City Code standards such as the lot configuration, minimum lot frontage, lot size, setbacks, etc. o The Council previously indicated the lot size and configuration is not a concern. ➢ Preliminary PD - The proposed development also deviates from typical zoning and Planned Development standards for the number of building signs, an individual monument sign along Yankee Doodle Rd. frontage, setbacks, parking stall size, introducing a new building to the PD, adding drive- through restaurant service to the PD, detached trash enclosure, off -site trash storage and enclosure, off -site and shared parking, reduced number of parking stalls both on the site and overall. o The Council previously indicated no concern in regard to the proposed deviations including relocation of the monument sign, number of parking stalls, shared and off -site parking, angled parking stall dimensions. Traffic /Circulation - In this location, the added traffic is anticipated to exacerbate already difficult movements at the Denmark Avenue and Promenade Place intersection, and increase internal site circulation issues for the surrounding Eagan Promenade development. However, since the City cannot require the applicant to make off -site improvements to Promenade Place that may improve some of the traffic congestion, the Council should consider the appropriateness of intensifying development in this area. o The applicant has provided a revised plan with modifications to medians and curb configuration within the Promenade development, outside the subject site, impacting turning movements and circulation to address the Council's concerns. The proposal is consistent with recommendations made in the traffic study for this development. o A more detailed staff analysis of the revised plans is provided in the attached supplemental staff memo. ➢ Policy Considerations - The proposal poses policy questions for the Council in terms of introducing infill development within the Promenade. Within the Central Area, the City's Comprehensive Guide Plan generally encourages infill and redevelopment where appropriate. The Council should carefully consider whether this proposal adheres to the community's vision and policies in this regard. Further discussion on this question is contained on page 4 of the staff report. 60 -Day Agency Action Deadline: Waived for both PD Amendment and Prelim. Subdivision Attachments: (9) OBA -1 Location Map OBA -2 Supplemental Staff Memo dated August 13, 2014 OBA -3 April 16, 2014 City Council Meeting Minutes OBA -4 Revised Plans (August 5, 2014) OBA -5 Revised Narrative (August 5, 2014) OBA -6 Revised Conditions of Approval OBA -7 March 25, 2014 APC Minutes OBA -8 Planning Report dated March 20, 2014 OBA -9 Report Exhibits WE 1� 1111 ►� °� � ����: _'—•��� ��: O gill 11 .�®�s.. Im In ME No mm Mill ME NONNI o Z LL o Q N M O 'a O O O U Y M -a a m' a v 0 o0 tm � Me J ■ co ' 1 1 oO O I caA moo ♦ ♦ V a. N N r ^w O E _ O ch J z r - 0 a a �w �c.a Zoo m o a. U WE 1� 1111 ►� °� � ����: _'—•��� ��: O gill 11 .�®�s.. Im In ME No mm Mill ME NONNI o Z LL o 0 N M 0 N O O O U Y M -a a m' a v ® w o0 tm LO J 0 WE 1� 1111 ►� °� � ����: _'—•��� ��: O gill 11 .�®�s.. Im In ME No mm Mill ME NONNI Ahkk- City of Eagan ma To: Mayor and City Council From: Aaron Nelson, Assistant City Engineer Pam Dudziak, Planner Date: August 13, 2014 Subject: Old Business Item A — Chick- fil- A/Eagan Promenade 4t" Addition Revised Plans Backiround and Purpose Chick -fil -A recently submitted revised plans to address the concerns raised by the Council at the April 15, 2014 meeting. This memo serves to evaluate the proposed revisions and is intended as a supplement to the March 20, 2014 staff report. The proposed revisions include relocation of the trash enclosure, and off -site modifications to medians and curbs along Promenade Place and on adjoining property. The proposed building elevations and signage package remain the same. Evaluation Trash Enclosure: The trash enclosure was relocated from the northwest corner of the site to the northern property line immediately west of the drive thru exit to avoid conflict with the water main. In this location, it remains detached and off -site on Lot 1 (TCF). The enclosure encroaches approximately 2' into the drainage and utility easement. The trash enclosure should not be located within any drainage and utility easements. The enclosure also encroaches approximately 2' into the required 5' structure setback from the property line. This reduced setback is a deviation from typical Code requirements, the acceptability of which is a policy matter for City officials. The applicant's narrative indicates the encroachment is necessary "to ensure the access ramp to the storage room was not in conflict with the drive aisle." The plans for the trash enclosure show a 7' storage area at one end that is separated from the trash storage area, accessed by a door on the front of the enclosure. The storage area for the trash containers is 25.5' long with two sets of gates. The trash enclosure is proposed to be landscaped along both sides, however, due to the proximity to the property line, no landscaping is proposed on the north side of the enclosure. The enclosure is 35' long and should be landscaped on all sides, save the access side, to soften the appearance. Water Main Relocation: The existing water main that runs through the site will need to be relocated to eliminate conflicts with the proposed building location. The previous submittal showed the relocated water main too close to the building and a condition was placed to relocate it in a manner acceptable to the City Engineer. The current proposal moves the relocated water main further from the building and provides adequate drainage and utility easement over it. The proposed relocation is acceptable to the City Engineer. Parkin: The current proposal includes 66 parking spaces (previously 68). Modifications of the site that impacted the number of stalls include the relocation of the trash enclosure, a smaller landscaped island, converting some perpendicular parking in front of the building to angled stalls, and changing a portion of the two -way drive aisle in front of the building into a one -way drive aisle. The total required number of stalls, per City Code, is 98 stalls (17 for the bank and 81 for the Chick- fil -A). But for the 2 -stall net decrease in the total number of stalls provided, the parking analysis in the staff report remains unchanged. The majority of parking is required by the Chick -fll -A use, while the majority of the parking is provided within the TCF lot. Cross - easements would provide for shared and joint use of all parking stalls. Streets /Access /Off -site Traffic Related Improvements: The previous proposal did not include off -site traffic improvements to assist with the existing and anticipated traffic congestion and delay issues for vehicles in and around the development. The primary concern, and cause of significant delays, is westbound vehicles on Promenade Place exiting left onto Denmark Avenue. This movement currently operates at a Level of Service (LOS) F. This proposal includes the extension of a separate thru -right turn lane for westbound traffic on Promenade Place, and the construction of a painted and concrete median from Denmark Avenue to approximately 200' east. The thru -right lane will provide more opportunity for right turning vehicles to exit the development without being trapped in the queue of vehicles waiting to turn left. The median will create right -in/ right -out access at the western most driveway on the south side of Promenade Place (Potbelly, Qdoba, Cherry Berry, TCF) and the two western most driveways on the north side (Byerly's). The combination of these improvements is expected to reduce the queues and encourage more traffic to exit east to Promenade Avenue. The proposal is consistent with recommendations made in the traffic study for this development. The City's 5 -year CIP includes the construction of a traffic signal at Promenade Avenue and Yankee Doodle Road in 2016 (it's not currently included in Dakota County's CIP). With the anticipated CityVue development to the south, both City and County staff are working to expedite the signal installation to 2015. Once installed, congestion and vehicle delays from the north are expected to improve and more traffic will likely chose to exit to the east onto Promenade Avenue rather than to the west onto Denmark Avenue, improving traffic operations for the entire Promenade development, including this proposed development. Tax Valuation and Assessment Policies: At the April 16, 2014 meeting, the Council also questioned how the tax valuation and assessment policies would apply to such a uniquely configured lot and requested that staff and the City Attorney provide information in that regard for consideration when this proposal comes back to the Council. This information is summarized below. Tax Valuation — Dakota County determines how the lot configuration impacts the tax valuation. The County appraiser indicated they have a computer- assisted mass appraisal (CAMA) system that values each property individually every year by studying sales by neighborhood and factoring in the metrics of the subject property as compared to the sold properties. Assessments — Concerning future special assessments, the City Attorney advised that when properties are assessed for special benefits from a public improvement project, the assessments levied must be fair and equitable and uniform as to all similarly situated properties based on their land use. The appropriate assessment method is typically identified during the feasibility study for a specific project. The City typically uses a front foot or an area method when allocating the assessment. In this instance, an alternative method may be employed to address the unusual lot configuration. Conversely, an area method may still be appropriate since TCF would receive a larger assessment and voluntarily chose to keep the larger tract. In any event, the total assessment to the area would remain the same. The impact would be how it is distributed to the benefited properties. Revised Development Conditions: Based on prior Council direction at the April 16, 2014 meeting, and staff's evaluation of the revised proposal, the suggested conditions of approval have been revised accordingly for Council consideration and are included in the packet as a separate document. Eagan City Council Meeting Minutes April 16, 2014 NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT AND PRELIMINARY SUBDIVISION (EAGAN PROMENADE 4T" ADDITION) — CHICK -FIL -A City Administrator Osberg introduced the item noting the Council is being asked to consider a Planned Development Amendment to allow the subdivision and addition of a building and a restaurant use with drive - through service within the Eagan Promenade Planned Development, and a Preliminary Subdivision to create two lots upon 2.63 acres located at 3380 Denmark Avenue. City Planner Ridley gave a staff report noting the Advisory Planning Commission's feedback on the request. Jason Hill, Chick- fil -A, provided the company history of business operations and a summary of the request. Joe Vavrina, engineer, addressed the concerns of the Advisory Planning Commission regarding traffic circulation on and around the site, detached trash enclosure, off -site trash storage and enclosure, parking stall size, off -site and shared parking, reduced number of parking stalls both on the site and overall, the number of building signs, and an individual monument sign along Yankee Doodle Road frontage. Mr. Vavrina also noted their traffic study suggested a proposed median on Promenade Place to help direct traffic flow. Mayor Maguire opened the public comment. Tom Guguire, Dairy Queen owner, addressed the Council with his concerns regarding lot size, request for a monument sign, volume of traffic and off -site trash enclosure. There being no further public comment, Mayor Maguire turned the discussion back to the Council. The Council discussed the request. Mayor Maguire noted it would be hard approving the request until there was a collaborative solution to the traffic issue. The Council agreed there needs to be more discussion on traffic control. Councilmembers Hansen and Bakken agreed with the concept of infill in this area, but each envisioned it on the property to the north. Mr. Hill stated Chick- fil -A's agreement with traffic being the primary issue and that Chick -fil -A would provide the necessary improvements to Promenade Place at their expense, if approved by the current property owner. After further discussion, the Council agreed before discussing all of the issues noted, traffic circulation was a significant concern and a solution would need to be addressed. Per the request of the applicant, there was Council consensus on the following comments: Moving the monument sign to the Yankee Doodle location was not a concern The number of building signs allowed would not be four - would possibly consider 3 building signs EXCERPT - Eagan City Council Meeting Minutes April 16, 2014 • The off -site, detached trash enclosure would be considered, provided the enclosure meets exterior finish standards • Not concerned with the number of parking stalls • Not concerned with the off - site /shared parking proposed • Not concerned with the angled parking stall dimensions • Not concerned with lot size and configuration The Council reiterated their biggest concern is traffic movement and circulation with Promenade Place and Denmark Avenue. 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IE -u zz� t 0 < w LU :E c, F OF 0 i � ( §§ ,( §g\ ®m 6 ®m . ;i �:r o ml ml Q s �I 'c t FL:�EIiYtC�, €�'t i�C.SSeiY- �'.: �' ' k P� tQt? Ile 4 t< ow S`w LIJ . m I t 1zoF� J �w 1zoF� " Chick - fit -A, Inc. 5200 Buffington Road Atlanta, Georgia 30349 -2998 Telephone 404 - 765 -8900 Project Narrative Site Summary The subject property is proposed to be a 0.385 acre carveout lot from the TCF Bank parcel located at 3380 Denmark Avenue. Note the TCF Bank parcel is part of the Eagan Promenade Planned Development which consists of a host of retail and restaurant uses. The proposed site is currently improved with a parking lot that services the bank. The subject property is currently zoned PD and will remain PD. The zoning within 660 feet of the property is PD (Planned Development) and CSC (Community Shopping Center) containing a mixture of retail and restaurant uses. The property is also located in the Central Commons Comprehensive Guide Plan area and will continue to remain in this planning area. The project will consist of razing portions of the existing parking lot and constructing the proposed restaurant which will contain approximately 4,876 square feet of floor area, attractive landscaping, features an outdoor seating area adjacent to the shared parking lot between Chick -fil -A and TCF Bank and is connected to the path along Yankee Doodle Road with an ADA compliant concrete sidewalk for pedestrian friendly access. Additionally offsite improvements to Promenade Place will be completed to setup this leg of the Demark Avenue and Promenade Place intersection up for future signalization. Lot Layout/Configuration The proposed parcel is situated at the southeast corner of the TCF Bank parcel and is configured in an L -shape orientation. The overall size and shape of the lot is driven by TCF Bank and their desire to sell Chick -fil -A only enough property to support the building, drive -thru and a row of parking along the front of the building. This size of parcel is not large enough to self- support the Chick -fil -A parking demand, but through shared parking and access easements both developments will be able to efficiently utilize the available parking area. Additionally, parking setbacks along the drive -thru lane are slightly less than ordinance; however, the overall setback from Yankee Doodle is 79' to the building and approximately 61' to the drive -thru lane which provides for ample greenspace and landscape opportunities. Given the limited site and setback considerations, Chick -fil -A is making every effort to provide landscaping and aesthetic appeal to the site to make an overall improvement to the visual appeal of this location. Parking Sixty -six off - street parking spaces will be located and shared between the bank and Chick- fil -A, which includes four handicap spaces . Although there are only ten parking spaces shown within the Chick -fil -A parcel, the bank and Chick -fil -A will enter into a shared parking agreement that will allow Chick -fil -A to utilize the parking spaces on the banks property. There will be fifty six parking spaces remaining on TCF Bank's property, of which code only requires seventeen. This leaves an excess of thirtynine spaces that can be utilized by Chick -fil -A customers and team members. Chick- fil -A, Inc. 5200 Buffington Road Atlanta, Georgia 30349 -2998 Telephone 404 - 765 -8900 From a code perspective ninety -eight parking spaces are required for the combination of the bank (17 spaces) and Chick -fil -A (81 spaces). As noted above, the total amount of spaces proposed between both developments is sixty -six leaving a deficit of thirty -two spaces. In an effort to provide justification for this deficit, we commissioned a parking study to identify the required number of spaces to efficiently operate TCF Bank and Chick- fil -A. As noted in the study, the peak parking demand between the two developments is approximately 70 parking spaces, which was identified to be during the week. The proposed shared parking lot consists of 66 stalls which would be four short of meeting this requirement. However, the likelihood of the peaks for both uses to overlap is not likely and it is expected the peak parking demand for the bank will be much different than the Chick- fil -A. To determine more likely parking demand numbers, hourly occupancy rates were used from the Urban Land Institutes publication Shared Parking Facilities 2nd Edition. Using these rates, it was found that the maximum expected shared parking demand for both buildings would be 59 vehicles yielding a surplus of seven parking spaces. Drive -thru Lane Orientation /Operation A drive -thru service facility is proposed which will feature two stacking lanes up to the order points that will merge into one lane leading up to the pickup window. Chick -fit -A has found that this drive -thru configuration increases efficiency and minimizes vehicle overflow into the parking lot. Chick -fil -A has perfected the drive -thru experience and has been named best drive -thru in America for eight consecutive years by a nationally recognized quick service authority. Out of all the quick service restaurants surveyed Chick -fil -A scored the highest in order accuracy, friendliness of the order takers, and speed of service. Overall average wait time from the time an order is placed to pickup is approximately 90 seconds. To this end, Chick -fil -A does not see customers trying to get out of line because the wait is too long; thereby eliminating the need for a bypass lane. Out of all the restaurants constructed within the Midwest, about 90% of them have a similar isolated drive -thru configuration. Of those 90 %, only 20% of those have a bypass lane. The restaurants that do have a bypass lane included it was because it was required by local code. In Eagan, a bypass lane is not required by code. Beyond the above the only other occurrence that could create a situation where a vehicle would need to get out of line is if a vehicle became disabled. This situation is a rarity; however, if this were to ever occur, the restaurant team members are trained to address this situation as quickly as possible to get the drive -thru lane back in operation. Si na e Given the location of the building within the shopping center, customers could approach the site from multiple directions. In an effort to assist them in locating the building signage is proposed on all four elevations. Additionally, Chick -fil -A has worked with TCF Bank to relocate their existing monument sign on Denmark Avenue to the Yankee Doodle Road frontage and convert it to shared sign featuring a panel for TCF Bank and one for the Chick- fil -A. We feel that this does not set a precedent within the center as Chick- fil -A, Inc. 5200 Buffington Road Atlanta, Georgia 30349 -2998 Telephone 404 - 765 -8900 • we are not adding a new sign but rather relocating an existing sign on the lot. The original Planned Development Agreement allows for a separate monument sign on this parcel, where as it does not allow separate monument signs on most other parcels. The sign is designed to meet current ordinance requirements and does not exceed 7' in overall height nor 4' in height for the sign copy. A stone base is utilized along with durable materials, providing aesthetic appeal. Chick -fil -A feels the presence of a monument sign on Yankee Doodle is important given the excessive grade transition from the road to the site. Additionally, being new to the market, appropriate signage will be key in the success of the restaurant as it will attract those just driving by as well as assist those coming for the first time. Traffic /Site Circulation Vehicular access to the proposed restaurant will be provided via Promenade Place as well as the right -in from Denmark Avenue just north of TCF Bank. Having multiple controlled access points will minimize impacts to the overall operation of the existing parking lot and roadways. From a traffic perspective, we commissioned a traffic study to identify any existing issues that may be present on the surrounding roadways and make projections to ultimately determine the impact from the addition of a Chick- fil -A. As noted in the traffic impact study, two intersections were analyzed to determine existing Level of Service and resulting Level of Service after the addition of the Chick- fil -A. These intersections were Denmark Avenue /Promenade Place & Promenade Place/ Promenade Avenue. The operations of Promenade Place / Promenade Avenue function at an acceptable level; however, Denmark Ave /Promenade Place in the existing and future conditions do not. Update: As discussed at the April 16, 2014 City Council meeting it was the consensus of the council that making the geometric improvements to Promenade Place was paramount in considering this project for approval. These improvements consisted of installation of a raised concrete median and minor pavement widening's to allow for one incoming lane, a dedicated left turn and a thru /right turn combination lane. The concrete median would in effect convert the first two access drives from the Byerly's parking lot and first access drive from the Potbelly's parking lot to right Wright out entrances. These improvements should help navigate traffic more efficiently through the area as well as prepare this intersection for a signal that could be added by the City in the future. The improvements to Promenade Place noted above have been reviewed with Investco (Owner of land over Promenade Place) as well as their tenant (Byerly's) and both have approved the proposed improvements. The attached offsite exhibit details these proposed improvements. Note and as discussed with staff a proposed signal is slated to be installed at Promenade Avenue and Yankee Doodle Road end of next year and the installation of this signal will have an impact as to how traffic navigates through this center. As such Chick- fil -A, Inc. 5200 Buffington Road Atlanta, Georgia 30349 -2998 and before staff is willing to put a proposed signal at Denmark Avenue and Promenade Place into the CIP they would like to identify what this impact is and if it draws enough traffic away from the Denmark Ave. and Promenade Pl. intersection to where a signal may no longer be required. Deliveries to the restaurant will be scheduled for off hours and trucks will enter and circulate through the center to the Chick -fil -A as shown on the autoturn exhibit. Minor parking lot island modifications will be required to ensure the largest delivery truck does not hop curbs and rut landscaping. These modifications are also shown on the attached autoturn exhibit. With regards to the site plan, the inclusion of the Chick -fil -A will eliminate the cross connection between TCF Bank's parking lot and the Houlihan's restaurant to the east. While we understand connection between parking lots is typically desired, the connection in question provides only secondary access between the bank and restaurant. The only traffic that utilizes this connection are customers doing business at both the bank and restaurant. Anyone trying to access the restaurant will use Promenade Place as it is a more direct route to the establishment. Chick -fil -A has already reviewed this plan with Investco, the developer of the center, and they have approved the closing of the connection. As such we feel that closing this connection will not be a major impact on the development. Offsite Trash Enclosure The proposed plan locates the trash enclosure off the Chick -fil -A parcel and detached from the restaurant for a variety of reasons. The first being food deliveries, which come through the service door at the north end of the building. If the enclosure was attached to the building this entry would be at the back of the enclosure creating a situation where the delivery person would have to walk through the enclosure to gain access to the service door. Additionally, Chick -fil -A prides itself in creating the best possible guest experience and having the enclosure so close to the building may detract from that. Also, it appears that the City has allowed for trash enclosures to be detached from the principal structure at other locations within this PD. The enclosure will be within a permanent easement that will be tied to the lot and not Chick -fil -A specifically. In the event that the user changes in the future, the easement for the trash enclosure will continue to exist with the lot. Update: The trash enclosure has been relocated to the north line of the TCF parking Jot to address a concern staff had with routing of the watermain relocation. Note in an effort to fit the enclosure in this area a 1.7' encroachment into the existing drainage & utility easement was required to ensure the access ramp to the storage room was not in conflict with the drive aisle. Further note that there are no existing utilities within this easement and as the subdivision is fully built out we would not anticipate the need for any utilities to be routed through this easement in the future. Chick- fil -A, Inc. 5200 Buffington Road Atlanta, Georgia 30349 -2998 Telephone 404 - 765 -8900 Lot Coverage and Utilities Utility service to the proposed restaurant will be via existing infrastructure that currently services the buildings within the Promenade. Stormwater management will consist of collecting stormwater into a combination of existing and proposed intakes within the parking lot that tie into the overall subdivision drainage system. Overall, the proposed project is reducing the amount of impervious area by approximately 77 square feet; thereby reducing stormwater runoff. As part of the development, a small portion of the City's water main will need to be relocated around the proposed building as depicted on the attached utility plan. Note staff was concerned with the proximity of the original realignment of the watermain to the trash enclosure and building. To address this the trash enclosure was relocated as noted above and the new watermain pushed out away from the building in an effort to address their concerns. The proposed alignment has been reviewed with staff and approved. Both sanitary sewer and water services will be extended from existing infrastructure within the subdivision. There is a 12" water main that runs along the north side of the site and an 8" sanitary sewer that we plan on tapping into for service. Both of these mains should be of adequate capacity to support the Chick -fil -A and current demand. Comprehensive Plan /Central Commons Guide Plan One of the goals of the comprehensive plan and more specifically the Central Commons Special Area is to promote infill opportunities. These opportunities could be in the form of development of a multiphased project or the conversion of existing parking lots that are underutilized. As we look at this project the TCF bank parcel currently has 128 parking spaces available, of which code only requires 17 spaces. This equates to a parking surplus of 111 parking spaces that are currently not being used. The implementation of the Chick -fil -A will provide an opportunity to improve this underutilized area and convert it into additional commercial retail within the City. The Chick -fil -A will also provide patrons another food choice option and infuse new energy into the development, thereby increasing the store traffic of the surrounding businesses. In addition, the site plan has been developed to embrace some of the policies outlined within the Central Commons Special Area; such as locating the building toward the front of the lot and providing for pedestrian connections to the surrounding sidewalk network. The site has been designed to reduce the amount of existing impervious area, embracing the sustainability aspects of the plan. Overall, we feel the inclusion of the Chick -fil -A into the Promenade shopping center will be a benefit not only to the City but also the public as it will make use of an underutilized parking lot while providing patrons of the center a new and different food choice option. Given the aspects noted above, we feel the presented plan accomplishes the applicable goals outlined in the comprehensive plan. Hrgmhnas \0:\ 86120518 \Project Narrative 02- 18- 13.doc Chick- fil- A/Eagan Promenade 4t" Addition Conditions of Approval (revised 8- 13 -14) The following conditions were modified from staff report, based on revised plans submitted 8 -4 -14, and direction from the April 16, 2014 City Council meeting, To recommend approval of a Planned Development Amendment to allow the subdivision and addition of a building and a restaurant use with drive- through service within the Eagan Promenade Planned Development, upon proposed Lot 2, Block 1, Eagan Promenade 4th Addition. If approved, the following conditions should apply: 1. A Planned Development Amendment Agreement shall be executed and recorded at the time of Final Subdivision. The following exhibits are required for the Agreement: a. Site Plan b. Landscape Plan c. Building Elevations d. Signage Plan e. Site Lighting Plan 3. The outdoor dining patio shall provide outdoor seating of not more than 16 seats as shown on the Site Plan. 4. The operation of the outdoor dining area shall be subject to compliance with the standards in the City Code. 5. A detail of the patio railing shall be provided for the Planned Development Amendment Agreement. 6. The flagpole shall not be used to display any business signs or logos. 7 All angled pafldng stalls shall meet City Cede ,a;,., n,s. - Parking stalls and drive aisles shall be constructed consistent with the approved Site Plan. 8. All landscaped areas shall be served with automatic irrigation. 9. Tree species shall be revised on the Final Landscape Plan to substitute a species that is better suited to the rg owina conditions of a developed site, such as Bicolor Oak, in place of the proposed Bur Oak and Planetree species. 10. The parking lot light fixtures shall match the existing parking lot lighting. Lighting in the trash storage area and the flood light mounted on the building shall be shielded and downcast with the source of light not visible. 11. The trash enclosure shall not be located within any drainage and utility easement area and shall be redesigned to avoid such easements. 12. The trash enclosure is 35' long and shall be landscaped on all sides, save the access side, to soften the appearance. 13. The trash enclosure shall be constructed with an exterior brick finish to match the principal building, The service door to the storage area of the trash enclosure shall be painted to match the brick exterior of the enclosure. 14. Screening of mechanical equipment shall be provided in accordance with City Code requirements. 15. The monument sign shall be revised to meet City Code standards. 16. Detail and dimensions of the menu boards shall be provided for the PD Amendment Agreement. To recommend approval of a Preliminary Subdivision to create two lots upon 2.63 acres located at 3380 Denmark Avenue, legally described as Lot 1, Block 2, Eagan Promenade. If approved, the following conditions should apply: Standard Conditions 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2,1993: B1, B2, Cl, C2, C4, D1, El, and G1 2. The property shall be platted. 3. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion /Sediment Control Inspector /Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 4. The developer shall provide private maintenance agreements, in a form acceptable to the City Attorney, with Lots 1 and 2, Block 2, Eagan Promenade, for the installation and maintenance of the utility service and restoration of the parking lot, at time of final subdivision approval. Revised Conditions of Approval 8 -13 -14 Chick -fil -A /Eagan Promenade 4th Addn. 5. The developer shall relocate the existing water main along the east and north property lines of Lot 1, Block 2, Eagan Promenade (TCF parcel). 6. The developer shall provide a 20' drainage and utility easement centered over all public water main being relocated. 7. The developer shall maintain public water service to all surrounding properties during the relocation of the main. 8. This developer shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. The developer shall provide private maintenance agreements and cross - easements for ingress /egress and shared parking, in a form acceptable to the City Attorney, at time of final subdivision approval. 10. The developer shall construct all modifications necessary to medians, curbs, and parking lots to allow unobstructed access to the site and surrounding properties for semi - trucks and public safety vehicles as determined by the City Engineer. 11. All angled pafking stalls mall meet City Code . uir-ftients. . Parkin stalls and drive aisles shall be constructed consistent with the approved Site Plan. Revised Conditions of Approval 8 -13 -14 Chick- fil- A/Eagan Promenade 4 th Addn. Advisory Planning Commission March 25, 2014 Page 24 of 28 F. Eagan Promenade 4th Addition Applicant Name:Jason Hill, Chick- fil -A, Inc. Location: 3380 Denmark Ave; Lot 1, Block 2, Eagan Promenade Application: Planned Development Amendment A Planned Development Amendment to allow construction of a restaurant with drive through service. File Number: 10- PA- 02 -02 -14 Application: Preliminary Subdivision A Preliminary Subdivision to create two lots. File Number: 10- PS- 02 -02 -14 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated March 20, 2014. She noted the background and history. Vice Chair Filipi asked if the proposed TCF parcel includes a strip of land between the Chick -fil- A parcel and the east property line, and if the cross parking and access easements would include the sidewalk. Staff responded that the plat shows an approximate 13' strip of land between the Chick -fil -A parcel and the east property line of the site. City Attorney Bauer stated the easements are for ingress- egress and can cover the sidewalk. Secretary Piper asked about allowed signage for The Promenade Planned Development. Planner Dudziak explained the approved signage plan for The Promenade. Member Vanderpoel stated her support for The Promenade signage standards. Member Dugan stated his concerns regarding traffic and the limited amount of property being sold by TCF. Joe Vavrina, Chick -fil -A representative, summarized concerns regarding the staff report. Specifically, he noted that TCF will grant a perpetual easement over the detached trash enclosure, his belief that the angled parking dimensions are consistent with approved parking stall dimensions for The Promenade, that rerouting the water main as requested presents difficulties and that four building signs are necessary. 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 stated he was ambivalent about the detached trash enclosure, questioned the angled parking stall size and asked about the development condition related to the monument sign. Staff explained that a parcel is typically expected to fully accommodate the use intended; per City ordinance angled parking stalls are required to be wider for safe vehicle movement in and out of the stall and the proposed monument sign is slightly taller than allowed by City Code. Advisory Planning Commission March 25, 2014 Page 25 of 28 Member Dugan stated he appreciated the creative use of the property but there are too many deviations. He opined that the owner and applicant should resolve the issues and come back. He stated concern for the deviations and burden placed on the Advisory Planning Commission to resolve issues for the developer and as a result, he could not support the proposal. Secretary Piper moved, Member Filipi seconded a motion to recommend approval of a Planned Development Amendment to allow the subdivision and addition of a building and a restaurant use with drive - through service within the Eagan Promenade Planned Development, upon proposed Lot 2, Block 1, Eagan Promenade 4t" Addition, subject to the following conditions: 1. A Planned Development Amendment Agreement shall be executed and recorded at the time of Final Subdivision. The following exhibits are required for the Agreement: a. Site Plan b. Landscape Plan c. Building Elevations d. Signage Plan e. Site Lighting Plan 2. The trash enclosure shall be located on the Chick -fil -A lot (proposed Lot 1). 3. The outdoor dining patio shall provide outdoor seating of not more than 16 seats as shown on the Site Plan. 4. The operation of the outdoor dining area shall be subject to compliance with the standards in the City Code. 5. A detail of the patio railing shall be provided for the Planned Development. Amendment Agreement. 6. The flagpole shall not be used to display any business signs or logos. 7. All angled parking stalls shall meet City Code dimension requirements. 8. All landscaped areas shall be served with automatic irrigation. 9. The parking lot light fixtures shall match the existing parking lot lighting. Lighting in the trash storage area and the flood light mounted on the building shall be shielded and downcast with the source of light not visible. 10. The service door to the storage area of the trash enclosure shall be painted to match the brick exterior of the enclosure. 11. Screening of mechanical equipment shall be provided in accordance with City Code requirements. 12. The monument sign shall be revised to meet City Code standards. 13. Detail and dimensions of the menu boards shall be provided for the PD Amendment Agreement. 14. Signage shall be restricted to only two sides of the building. 15. The monument shall be in its current location on Denmark Avenue. Following the motion, Member Sagstetter stated his belief that the angled parking dimensions should be met. Member Filipi stated he will not vote in favor of the proposal. He stated this is as simple as putting a new building on an existing parking lot, but yet there are too many factors that need to be worked out. Chair Heaney stated his agreement and that he will also vote against the proposal. Member Vanderpoel stated as a customer she loves Chick- fil -A, but as a commissioner will vote against the proposal as she shares the concerns of the others opposed. Advisory Planning Commission March 25, 2014 Page 26 of 28 Secretary Piper stated the applicant shouldn't be punished for the decisions of TCF. He suggested a permanent easement be pursued. Member Dugan stated it is reasonable to expect the fee owner (TCF) and applicant to work together to eliminate as many issues as possible. Member Sagstetter stated that he will support this proposal because the City's Comprehensive Plan allows for such infill and he expects no infill will be without challenges. A vote was taken. Aye: Secretary Piper and Members Sagstetter and Prashad Nay: Chair Heaney, Vice Chair Filipi and Members Vanderpoel and Dugan Motion failed. 3 -4. Secretary Piper moved, Member Prashad seconded a motion to recommend approval of a Preliminary Subdivision to create two lots upon 2.63 acres located at 3380 Denmark Avenue, legally described as Lot 1, Block 2, Eagan Promenade, subject to the following conditions: Standard Conditions 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: B1, B2, C1, C2, C4, D1, E1, F1, and G1 2. The property shall be platted. 3. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion /Sediment Control Inspector /Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 4. The developer shall provide private maintenance agreements, in a form acceptable to the City Attorney, with Lots 1 and 2, Block 2, Eagan Promenade, for the installation and maintenance of the utility service and restoration of the parking lot, at time of final subdivision approval. 5. The developer shall relocate the existing water main in a manner deemed acceptable by the City Engineer. 6. The developer shall provide a 20' drainage and utility easement centered over all public water main being relocated. 7. The developer shall maintain public maintain water service to all surrounding properties during the relocation 8. This developer shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 9. The developer shall provide private maintenance agreements and cross - easements for ingress /egress and shared parking, and trash enclosures in a form acceptable to the City Attorney, at time of final subdivision approval. 10. The developer shall construct all modifications necessary to medians, curbs, and parking lots to allow unobstructed access to the site and surrounding properties for semi - trucks and public safety vehicles as determined by the City Engineer. 11. All angled parking stalls shall meet City Code dimension requirements. Advisory Planning Commission March 25, 2014 Page 27 of 28 12. The trash enclosure shall be located on the Chick -fil -A lot (proposed Lot 1). A vote was taken. Aye: Secretary Piper and Members Sagstetter and Prashad Nay: Chair Heaney, Vice Chair Filipi and Members Vanderpoel and Dugan Motion failed. 3 -4. Vice Chair Filipi moved, Member Vanderpoel seconded a motion to recommend denial of a Preliminary Subdivision to create two lots upon 2.63 acres located at 3380 Denmark Avenue, legally described as Lot 1, Block 2, Eagan Promenade. A vote was taken. Aye: Chair Heaney, Vice Chair Filipi and Members Vanderpoel and Dugan Nay: Secretary Piper and Members Sagstetter and Prashad Motion carried 4 -3. Vice Chair Filipi moved, Member Vanderpoel seconded a motion to recommend denial of a Planned Development Amendment to allow the subdivision and addition of a building and a restaurant use with drive- through service within the Eagan Promenade Planned Development, upon proposed Lot 2, Block 1, Eagan Promenade 4t" Addition. A vote was taken. Aye: Chair Heaney, Vice Chair Filipi and Members Vanderpoel and Dugan Nay: Secretary Piper and Members Sagstetter and Prashad Motion carried 4 -3. Stated reasons for the recommendations of denial were anticipated traffic conflicts, the number of requested deviations to City standards, the proposed subdivision being inconsistent with City Code in many ways, and the detached trash enclosure located outside of the proposed restaurant lot. PLANNING REPORT CITY OF EAGAN REPORT DATE: March 20, 2014 APPLICANT: Chick- fil -A, Inc. PROPERTY OWNER: TCF Bank REQUEST: Planned Development Amendment Preliminary Subdivision LOCATION: 3380 Denmark Ave. CASE: 10- PA- 02- 02 -14; 10- PS- 02 -02 -14 HEARING DATE: March 25, 2014 APPLICATION DATE: February 19, 2014 PREPARED BY: Pamela Dudziak COMPREHENSIVE PLAN: SA /RC, Special Area/Retail Commercial ZONING: PD, Planned Development SUMMARY OF REQUEST Chick- fil -A, Inc. is requesting approval of a Planned Development Amendment to allow the subdivision and addition of a building and a restaurant use with drive - through service within the Eagan Promenade Planned Development, and a Preliminary Subdivision to create two lots, upon 2.63 acres located at 3380 Denmark Avenue, legally described as Lot 1, Block 2, Eagan Promenade. 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 Planning Report — Chick -fil -A (Eagan Promenade 0' Addn.) March 25, 2014 Page 2 contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvements are not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements are not likely to cause health problems. G. That the design of the subdivision or the type of improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. 1. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access), J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization "'which document is properly approved and filed with the office of the City Cleric 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: Providing greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. Planning Report — Chick -Fil -A (Eagan Promenade 4"' Addn.) March 25, 2014 Page 3 2. Recognizing the economic and cultural advantages that will accrue to the residents of a planned community. 3. Encouraging a more creative and efficient approach to the use of the land. 4. Encouraging the preservation and enhancement of desirable site characteristics, natural features, and open space. Encouraging a development pattern that is consistent with land use density, transportation facilities and community facilities objectives of the Comprehensive Plan. BACKGROUNDMISTORY The Eagan Promenade retail development consists of several fee- standing single- occupant buildings and a larger in -line retail center. The property is zoned PD, Planned Development. The Eagan Promenade PD was established in 1996, following the creation of the Central Area Small Area Plan in 1994. It is aunified commercial retail development consisting of a large in- line shopping center, several f ee- standing single- occupant buildings and a few smaller multi - tenant commercial retail buildings. EXISTING CONDITIONS The subject site is developed with an existing TCF batik, which was constructed in 1996 and includes several drive -tluu service lanes. The TCF building is located on the western portion of the lot with parking to the east. Access is provided via a right -in -only driveway from Denmark Avenue. Via private easements, the property shares two access drives to Promenade Place with the building to the north (which houses Potbelly, Cherry Berry, and Qdoba restaurants), and provides internal site circulation with a parking lot comlection to Houlihan's to the east. Promenade Place provides access to the public streets of Denmark Avenue to the west, and to Promenade Avenue at the east end of the Eagan Promenade development. SURROUNDING USES The site is surrounded on all sides by property zoned PD and guided Special Area /Retail Commercial, EVALUATION OF REOUEST Description of Proposal — Chick -fil -A, Inc. is proposing to construct anew restaurant building on the east end of the TCF property at Eagan Promenade. To accomplish this, a Preliminary Subdivision is proposed to create two lots. The proposed restaurant use includes drive - through Planning Report — Chick -fil -A (Eagan Promenade 4"' Addn.) March 25, 2014 Page 4 service, which is typically a Conditional Use in commercial zoning districts. Further proposed modifications to the existing development include relocating the monument sign from the west side to the south side of the property, and changes to the Site Plan, Compatibility Surrounding_ Area — The Central Commons Special Area is envisioned to be an active, mixed use and walkable destination for people of all ages from within and outside Eagan. "It is a place where all forms of transportation are integrated," with "public spaces integrated throughout to provide intimate places that make it desirable to stop and enjoy the area," The Central Connmons Special Area Plan contemplates infill development within the Promenade generally. In cases of infill development, the Comprehensive Guide Plan provides that consideration should be given to whether the plan is achieving the community's vision for the area and what changes are possible to create abetter development. Infill can be used to better link individual elements within a development, provide more uses to bring people to the area, diversify uses in an area, expand developed area and create a more pedestrian friendly environment. Specific proposals should be evaluated on how well they achieve the community's vision and conform to policies. It is also important that private and public actions support the overall vision and policies and do not create barriers to the realization of these goals. Policies that support the Central Commons vision include: ensuring cohesiveness with neighboring uses and enhance pedestrian connections; capitalize on opportunities to create and enhance pedestrian connections; encourage use of design guidelines and standards to create a cohesive look while allowing enough variety to encourage visual interest, develop places both public gathering space or smaller linked amenity areas, create integrated transportation system and use streetscape enhancement to create an identifying character, use shared parking and use landscaping to break up large parking areas. While the restaurant is a commercial use that is consistent with the surrounding area, the drive - through service is a departure from the Promenade Planned Development. Until 2012, the TCF Bank was one of only two drive- through service facilities within the PD, the other one being the Dairy Queen which is separated from the rest of the development by Denmark Avenue. Drive - through service within the Promenade was intentionally lin-dted to only these two, which were approved with the initial PD. In 2012, the City approved the addition of drive - through service for the Panera Bread, which is located at the east end of the Eagan Promenade. The Chick -fil -A proposal presents considerations similar to the Panera drive - through proposal. In this case, however, the addition of a drive- through also comes with a new building. Unlike the Panera proposal which enhanced an existing business's service, the proposed Chick -fd -A addition further intensifies development within the PD. Adding a drive- through function at this location will certainly intensify and, potentially, exacerbate an already congested situation at the points of access along with Promenade Place and at Denmark Avenue. Planning Report — Chick -Fil -A (Eagan Promenade 4 "' Addn.) March 25, 2014 Page 5 Airport Noise Considerations —The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan and has subsequently adopted zoning standards to assist with noise mitigation that are consistent with Metropolitan Council requirements. The subject site is located within the one -mile buffer of Noise Policy Zone 4. The adopted zoning standards consider conunercial uses as Compatible within Noise Policy Zone 4. Planned Development Amendment: Site Plan — The proposed Site Plan places the Chick -fil -A building at east end of the site. The drive - through approach is from the west, along the south side of the site, with the pick -up window located on the east side of the building. This design eliminates the internal parking lot connection with Houlihan's to the east. An outdoor seating area is proposed on the west side of the south end of the building, and a bike rack is proposed near the outdoor seating area. A 50' flagpole with a U.S. flag is also proposed at the southwest corner of the building. The flagpole should not be used to display any business signs or logos. The trash enclosure is proposed to be located to the northeast, detached from the Chick -fil -A building and located off-site on the TCF lot. Ten parking stalls, which includes two accessible stalls, are located within the Chick -fil -A parcel. Remaining parking is located on the TCF parcel, and private easements are proposed to provide for shared parking use. The existing TCF monument sign along Denmark Avenue is proposed to be replaced with a shared sign on the south side of development. A direct sidewalk connection is proposed to the Chick -fil -A f7om the existing trail along Yankee Doodle Road. Setbacks — Comparable structure setbacks in the CSC zoning district are 10' for side yards, 20' for rear yards and 30' for front yards (50' from County right-of-way). Pavement setbacks are typically a minimum of 5' from interior lot lines, and 20' from a public right-of-way, Building Setbacks — Setbacks for the new Chick -fil -A building from the boundaries of proposed Lot 2 are summarized as follows: North = 10', South = 19', East = 14', West 27.4'. With no public street frontage for Lot 2, the southern boundary which is closest to a public street is treated as the front yard, making the east and west boundaries side yards, and the north boundary the rear yard. As a result, the minimum 10' side yard setbacks are met, setbacks on the north and south sides are not satisfied. Par°king/Pavenient Setbaclo - The proposal does not satisfy typical minimum pavement or parking setbacks relative to the boundaries of Lot 2. Proposed pavement setbacks are generally one foot between the curb and property line. On the east side, the curb location does not change from its present location, however, the introduction of a new lot line with the proposed subdivision changes the setback. On the south side, the distance to the Yankee Doodle Rd. right -of -way is more than 60'. The acceptability of the proposed setbacks is a policy matter to be detern-iined by City officials. Planning Report — Chick -fil -A (Eagan Promenade 01 Addn.) March 25, 2014 Page 6 Trash Enclosure - City Code and the Promenade Planned Development require that trash enclosures to be stored indoors in within an enclosure attached to the building in commercial retail areas. A detached trash enclosure is proposed, and furthermore, the trash enclosure is located on a different parcel from the use it serves. This design does not comply with City Code standards, or the established standards of the Promenade PD, The Applicant addresses this in the narrative, and states the trash enclosure is detached so as not to interfere with food deliveries or detract from the "best possible guest experience." Also, the off-site enclosure is proposed to be within a permanent private easement. The trash enclosure should be located on the Chick -fil -A lot. If City officials find the off -site trash enclosure to be acceptable, then the condition of approval should require the easement to be provided. The trash enclosure itself is proposed to be constructed of materials to match the principal building of Lot 2 and is set back 10' from the north and east boundaries of Lot 1. A detached trash enclosure was approved for the Panera with the retrofitting of that site to include a drive - through. Should City officials find the detached trash enclosure to be acceptable, these elements are consistent with typical City Code standards for detached trash enclosure. Outdoor Dining Patio — An outdoor dining patio is proposed on the southwest side of the Chick - fil-A building. This proposal appears to be consistent with the City Code standards. The City Code allows outdoor dining up to 24 seats as a permitted use where on -sale liquor is not involved, and the patio is not in close proximity to residential uses. The Site Plan shows 4 tables of 4 seats, for a total 16 seats. The tables are located adjacent to the building, leaving 4 -5' of sidewalk for pedestrian movement. A decorative sailing does separate the sidewalk/patio area from the drive - through lane on the south end. The patio is not proposed to be fally enclosed with a railing, however Kill enclosure is not required where fewer than 24 seats are provided and when on -sale liquor is not involved. A detail of the railing should be provided for the Planned Development Amendment Agreement. The operation of the outdoor dining area shall be subject to compliance with the standards in the City Code. Parkin —City Code requires parking stalls sizes of 10' x 19' for 90° stalls, and 11.5' x 19.5' for 60° angled stalls. Minimum drive aisle widths are 24' for two -way traffic, and 16' for one -way traffic. Parking is typically set back 20' setback from public right -of -way, and 5' from side and rear lot lines. Per City Code, "Fast food" restaurants with drive - through service are required to provide one parking stall for every 60 s.f of gross floor area. Banks and financial institutions require one stall for each 250 s.f of gross floor area, hi both cases, stacking for a minimum of 5 vehicles is required. At these ratios provided for in City Code, the 4,876 s.f. Chick -fil -A requires 81 parking stalls, and the TCF requires 17 parking stalls. Thus, total required parking is 98 stalls. Parking Count - The proposal provides a total of 68 parking stalls on the site. Of these, ten are located within the Chick -fil -A lot, and 58 are on the TCF lot. Thus, TCF parcel has an excess of 41 stalls, while Chick -fil -A parcel is deficient 71 stalls, leaving the site Planning Report — Chicic -Fil -A (Fagan Promenade 4 «' Addn.) March 25, 2014 Paae 7 short 30 stalls for the two uses combined. The applicant's research indicates different numbers from City Code requirements. According to the narrative, a parking study was conducted which identifies the peals parking demand between the bank and restaurant uses is approximately 70 parking spaces. The narrative further indicates that figures on shared parking from the Urban Land Institute identify shared parking demand for these two uses to be 59 vehicles. Using the applicant's numbers, the site should be adequately parked; however, on the whole and individually for proposed Lot 2, the site is deficient- relative to the numbers required by City Code, The Central Commons Special Area Plan includes policies to encourage shared parking, and the City Code (Sec. 11.70, Subd. 6) does allow joint parking facilities with a Conditional Use Permit. Under joint use parking, the ordinance allows a reduction of up to 30 required parking spaces. Required parking facilities serving two or more uses may be located on the same lot or in the same stricture except in residential districts, provided that the total number of parking spaces so firrnished shall be not less than the sum total of the separate requirements for each use during any peals hour parking period when the parking facility is utilized at the same time by two or more uses, The ordinance lists the conditions to allow joint parking: a. The proposed joint parking space is within 400 feet of the main entrance of the use it will serve; and b. The applicant shall show that there is no substantial conflict in the principal hours of the two or more buildings uses for which joint use of oft - street parking facilities is proposed; and c. The Conditions Use Permit shall be considered void or be revolted if there is a change of use that would cause similar hours or operation nor peals demand period. d. Any other Conditional Use Permit criteria as contained in the Code. The acceptability of the proposed amount of parking and the joint use parking is a policy matter to be determined by City officials. Dimensional Standards — Parking stalls are proposed at 9' x 19'. Angled parking is shown at 10'4' x 21'. For 90° stalls, the 9' stall width is consistent with the existing stall size on the property. However, the angled stalls deviate from the dimensional standards in the City Code. Angled parking should meet City Code standards. The proposed 10.4' width is the widest measure of the angled stalls (taken parallel to the drive aisle), whereas the minimum standard is 11.5'. Drive aisle widths satisfy the minimum of 24' for two -way traffic and 16' for one -way movement. Planning Report — Chick -iil -A (Eagan Promenade 4t"' Addn,) March 25, 2014 Pai4e 8 Drive - through - The proposed drive through approach is from the west along the south side of the site, with the pick -tip window on the east side of the building. Once a vehicle enters the drive - through approach, there is no bypass or escape lane for a vehicle to exit the drive - through prematurely. City Code, however, does not require a bypass lane. Two order lanes are proposed, which merge into a single pick -up lane. Eagan has several other drive- through service restaurants that have implemented a similar design in recent years. According to the applicant, this type of design "increases efficiency and minimizes vehicle overflow into the parking lot." Generally, drive - through stacking and pick -up should be located on the side or rear of a building rather than on the front of a site adjacent to public right -of -way. The proposed Chick -fil -A drive- through configuration is similar to the TCF which also has the drive - through lanes located on the south side of that building, h-i addition, the topography of this site and proposed landscaping between the drive-through approach and the Yankee Doodle Road right -of -way, serve to screen the drive - through. Landscaping — The proposed landscape plan appears acceptable. Ten existing trees are proposed to be removed, of which six are Green Ash. All of the trees to be removed were landscape trees installed with the initial TCF development. Nine new trees are proposed to be installed with this development and consist of maple, honeylocust, plane tree and bur oak. The propose monument sign is set in a landscape bed adjacent to the proposed new sidewalk from the Yankee Doodle Rd. trail. Shrub and perennial beds are proposed where the sidewalk meets the Chick -fil -A site, and a crosswalk to the building is provided. The island between the drive- through approach lane and the parking lot is landscaped with shrubs and perennials, which extend around the south side of the building. Landscaping is proposed around the transformer, within the parking islands, and around the trash enclosure. Consistent with the established landscape design a bed of mugho pine is proposed along the southern slope within the TCF site, between the proposed new sidewalk and the drive - through approach lane. All landscaped areas should be served with automatic irrigation. Tree Preservation — The existing trees at the west end of the subject site will remain undisturbed. Ten existing trees are proposed to be removed in the area of the proposed Chick -fil -A construction. Nine of the removed trees are 6" or more in diameter, and were installed with the site landscaping at the time of initial development. Six of the removed trees are Green Ash, which may have limited life span due to the spread of the Emerald Ash Borer beetle, an invasive species which can kill infected ash trees. Increasing tree species diversity through replanting with this redevelopment can be beneficial. Nine new landscape trees are proposed to be installed with this redevelopment. Site Lighting ting — The Promenade PD established an overall site lighting plan at the time of initial development. City Code requires that site lighting be downcast and shielded so the source of light is not visible from off the property. Planning Report — Chick- Fil -A (Eagan Promenade 4 "' Addn) March 25, 2014 Page 9 The submitted photometric lighting plan indicates sufficient lighting throughout the parking areas. While light levels exceed 1 footcandle at the east side lot line, this is where the drive - through lane is located, and the adjacent use is green space and parking which would not be adversely affected by some light spillover. The proposed 35' mounting height for parking lot fixtures is consistent with the existing site lighting. The parking lot fixtures should snatch the existing parking lot lighting. Building mounted lighting is metal halide wall packs mounted at varying heights. Mini wall -packs are proposed to illuminate the trash storage area, mounted at a height of 16', which is taller than the walls of the enclosure. Any lighting in the trash storage area should be directed downward with the source of light not visible. Similarly one flood light is proposed at the southwest corner of the building. This flood light fixture also should be shielded and downcast so the source of light is not visible and to minimize glare. Building_ Elevations /Architecture — The Eagan Promenade PD established designs guidelines for buildings and use of compatible finish materials throughout the development. Since that time, the City adopted an ordinance for exterior building materials that pertains to all commercial and industrial zoning districts. This proposal should be evaluated based on how well it complies with the City ordinance and maintains compatibility within the context of the Promenade PD, The Chick -fil -A building is proposed to be finished with brick in two different colors and textures, and glass. Prefinished metal trim and metal canopy sunscreens are proposed. The south building wall has a bank of tall windows showcasing the play area located inside. The plans indicate the building height is 25'6" at the highest point. Parapet walls are noted to be not less than 30" in height, the minimum height required by City Code for screening of rooftop mechanical units. Parapet height ranges f of 2'11" to 5'1". The trash enclosure design and materials appear consistent with typical City Code standards. The enclosure has walls 8'8" in height. The gates are a composite plastic material formed to look like wood and as such, satisfy the 90% opaque standard. The trash enclosure dimensions are 34'8" long by 10' deep. A 6'8" portion of the enclosure has a roof cover to provide storage, and is accessed by a service door. This door should be painted to match the brick exterior of the enclosure. Mechanical Equipment — City Code Section 11.70, Subd. 21, requires that all rooftop and ground mounted mechanical equipment be screened from off -site views. The building plans provide the required minimum parapet height of 30 ", and the landscape plan shows plantings around the transformer, These measures should adequately screen mechanical equipment. Siege — The proposed sign package consists of building signage, menu board and directional signs, and a free- standing monument sign. Planning Report — Cbicic -fil -A (Eagan Promenade 0' Addn) March 25, 2014 Page 10 Building Signage — Except for the two corner buildings in Eagan Promenade Signage Guidelines (TCF and the former Ethan Allen) all free - standing buildings were allowed two building Signs. The Chick -fil -A proposal for signage on all four elevations exceeds the amount allowed in this development. The applicant's narrative indicates this is necessary because the building signage will assist customers in locating the building since they "could approach the site from multiple directions." The applicant should revise the elevation drawings to reflect building signage on up to two sides to be consistent with Eagan Promenade PD Signage Guidelines. The signs are proposed to be a channel letter construction, which is consistent with the Eagan Promenade Signage Guidelines. Monument Signage — The TCF Bank has an existing monument sign on the western edge of the site, adjacent to Denmark Avenue. The Eagan Promenade PD established a comprehensive package for free- standing signs including gateway pylon signs at the east and west ends of the development, one of such is located on the southwest corner of the TCF parcel, and a clock tower pylon sign in front of the Promenade restaurant cluster. The purpose was to prevent a proliferation of free- standing signs in the development, while providing identification for the tenants in a cohesive and orderly mamier. Chick -fil -A is proposing to replace the existing monument with a new shared monument sign on the southern edge of the site, adjacent to Yankee Doodle Road. The monument sign is 88" or about 4" taller than the 7' maximum height. The base is proposed to be brick to match the building with an internally illuminated cabinet sign face. The monument sign design should be revised to meet City Code dimensional standards. While Chick -fil -A is proposing to replace an existing monument sign rather than add a new monument sign, the result is a new individual monument sign along the Promenade's Yankee Doodle Road frontage. The shared sign approach seems appropriate for this infill redevelopment and can be accommodated through the PD zoning, and by easement agreement. The appropriateness of the proposed relocation of the monument sign to the south side of the property is inconsistent with the Eagan Promenade PD. Menu Board and Directional Signs — The drive- through is proposed to have a clearance bar at the entrance to the approach, and two menu boards are proposed at the point of ordering. The menu boards appear to have a canopy that extends over the drive lane to provide shelter when ordering, Final detail and dimensions of the menu boards should be provided for the PD Amendment Agreement. No directional signage proposed at the perimeter of the subject site. Planning Report — Chick -Fil -A (Eagan Promenade 4`1' Addn.) March 25, 2014 PaIZe 11 Preliminary Subdivision: Lots — The proposed subdivision consists of dividing the existing 2.63 acre parcel into two lots. Lot 1 consists of 2.25 acres and contains the existing TCF building. Lot 2 consists of 0.38 acres for construction of the proposed Chick -fil -A restaurant. The proposed subdivision does not comply with many provisions of the City Code. City Code Section 11.40, Subdivision 3 requires that each lot provide a minimum of 50 feet of public street frontage. In addition, the lot shall be of sufficient size to accommodate a building within the minimum required building setbacks for the particular zoning district in which it is located. The parcel configuration that is proposed deviates significantly from traditional subdivisions within the City. Lot 2 forms an L shape to fit drive- through approach lane and Chick -fil -A building. Lot 2 is fully surrounded by Lot 1 and provides no frontage on a public street. Access for Lot 2 is proposed via private easements, and parking is proposed to be shared with TCF, with the majority of parking being located on the TCF parcel. In addition, Chick- fil -A's trash storage enclosure is proposed to be located offO-site on the TCF lot, and a shared monument sign is proposed on the TCF lot. There is sufficient land available to accommodate City Code, however, the applicant states that "The overall size and shape of the lot is driven by TCF Bank and their desire to sell Chick -fil -A only enough property to support the building, drive -thru and a row of parking along the front of the building." Topography/ Grading — The site was previously graded and a built with a bituminous parking lot with the initial construction of the Promenade commercial /retail development. There are two trees in parking lot median, and the site slopes from southeast to northwest, with elevations ranging from 905 to 900. The preliminary grading plan is acceptable. The entire site will be disturbed in preparation for the proposed building and parking lot. All erosion/ sediment control plans submitted for development and grading permits should be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, should have received Erosion/Sediment Control Inspector /Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. Wetlands — Because there are no wetlands on site, City Code § 11, 67, wetland protection and management regulations, does not apply. Stormwater Management/ Water Quality — The applicant proposes to reduce the amount of existing imperious surface by approximately 554 square feet. Therefore, City Code §4.33 Post- Construction Requirements do not apply. Planning Report — Chick -fil -A (Eagan Promenade 4"' Addn) March 25, 2014 Pafze 12 Storm Water Drainage — The preliminary storm drainage plan is acceptable. The entire site lies within Drainage District D (as designated in the City Storm Water Management Plan — 2007), and generally flows to the northwest into the existing storm sewer system, connecting it to Pond DP -4 on the west side to Dentnnark Avenue. Utilities — The preliminary Utility Plan is acceptable, with modification. Lateral sanitary sewer of sufficient size, depth, and capacity is available for connection and extension by redevelopment of this site. Sanitary sewer District N (as designated in the City's Comprehensive Sanitary Sewer Plan) serves the entire site. The proposed site layout requires extension of a sanitary sewer service from the existing sewer main located at the northwest corner of the TCF parcel between Lots 1 and 2, Block 2, Eagan Promenade. The developer should provide private maintenance agreements, in a form acceptable to the City Attorney, with Lots 1 and 2, Block 2, Eagan Promenade, for the installation and maintenance of the utility service and restoration of the parking lot, at time of final subdivision approval. Water main of sufficient size and capacity is available for connection and extension by redevelopment of this site. The existing water main is currently located under the proposed building location and will need to be relocated. The developer should relocate the existing water main along the east and north property lines of Lot 1, Block 2, Eagan Promenade (TCF parcel) and provide a 20' drainage and utility easement centered over all public water mains. The developer should maintain public water service to all surrounding properties during the relocation, and provide hydrant spacing and locations in accordance with Eagan Fire Department and Public Works standards. Streets /Access /Pedestrian Circulation — Streets and parking lots within the proposed development are proposed to be private. The developer should provide private maintenance agreements and cross - easements for ingress /egress and shared parking, in a form acceptable to the City Attorney, at time of final subdivision approval. The primary street accesses for the site will be from Promenade Place, a private street that connects public streets Denmark Avenue to the west, and Promenade Avenue to the east. The developer's Traffic Engineer performed a traffic study to determine existing traffic conditions and the effects of added traffic resulting from development of this site. The study's conclusions, which are consistent with past city studies, are as follows: The Promenade Avenue/ Promenade Place intersection will operate acceptably with the construction of this development. The westbound left turns at the Denmark Avenue / Promenade Place intersection currently operate at a Level of Service (LOS) F and will continue to do so after development of this site. The westbound traffic queues on Promenade Place at Denmark Avenue are forecast to continue to extend well into the Eagan Promenade center parking lot; even more so after the proposed development of this site. The queues can be significantly reduced with the Plaraiing Report — Chicle -Fil -A (Eagan Promenade 4"' Addn.) March 25, 2014 Page 13 extension of a separate westbound right turn lane and limiting left turns for a portion of Promenade Place near Denmark Avenue. • Traffic signal warrants are currently met for the Denmark Avenue/ Promenade Place intersection. The construction of a traffic signal was proposed for the Denmark Avenue/ Promenade Place intersection in 2011. The surrounding property owners were not supportive of the signal and associated geometric and channelization improvements, so the project did not proceed. Ultimately, the public street, Deiunark Avenue, has performed, and is expected to continue to perform, at an acceptable level of service. There are, however, significant traffic delays internally on the private street and parking lots within the development at peak hours. The traffic signal may be revisited in the future if supported by the surrounding development. With the existing traffic issues on Promenade Place, and the anticipated additional traffic expected as a result of this development, improvementsto Promenade Place are necessary to minimize traffic delays and queues for westbound vehicles. The developer's traffic study recommended a combination of extending a separate right turn lane for westbound traffic at Denmark Avenue, and constructing a median on Promenade Place from Denmark Avenue to approximately 300' east (through the 3`1 driveway access aisle to Byerly's) to limit left turns on to Promenade Place from the parking fields to the south and north. Because these would be off- site improvements, the other property owners will need to be involved with the proposed modifications. The developer is currently discussing the off -site improvement options on Promenade Place with all involved property owners. The developer should consider constructing improvements on Promenade Place to extend a second westbound lane at Denmark, Avenue and prohibit left turns. The median illustrated on Promenade Place includes consti action of a 4' concrete median without adding any additional width to the drive lanes. The resulting drive lanes would be 11' wide (a public street would require 16' lanes for snow plowing purposes). Staff has expressed concern with 11' lanes for access of delivery trucks and public safety vehicles, and the developer's engineer is reviewing options to potentially widen the drive lanes in the median area. Turning templates have been provided to show how semi- trucks and fire trucks could navigate the site. The developer should consider constructing all modifications necessary to medians, curbs, and parking lots to allow unobstructed access to the site and surrounding properties for semi- trucks and public safety vehicles. The parking lot is proposed to be re- striped with a combination of perpendicular and angled parking, and one- and two -way drive aisles in front of the building. The perpendicular parking is shown to be 9'x19' (City Code requires 10'x19'), which is smaller than required by code, but consistent with the existing parking in the surrounding parking lots. The angled parking stalls are shown to be 10.4'x19' (a 10.4' wide entrance dimension is for a 9'wide stall). City Code requires 11.5'x19.5' (10' wide stalls). The one way drive aisle is 20' wide, or 4' wider than required, so the stall depth is not necessarily a concern. However, the stall width is narrower Planning Report — Chick -fil -A (Eagan Promenade 01 Addn) March 25, 2014 Page 14 than previously allowed on similar developments. All angled parking stalls should meet City Code width requirements. Pedestrian access and circulation will be provided through the constzuction.of a 5' wide private sidewalk from the existing trail along Yankee Doodle Road to the building, as shown on the Site Plan. Easements/ Permits/ Right- of-Way — The Dakota County Plat Commission reviewed this development and does not require any additional right-of-way along Yankee Doodle Road (CSAH 28). No additional need for right- of-way is anticipated for Denmark Avenue. The developer should provide a 20' drainage and utility easement centered over all public water main being relocated. Financial Obli ag tion — At this time, there are no pending assessments on the parcel proposed for platting. Based. upon a study by City staff, all trunk and lateral utility financial obligations have been previously collected for this property. Parks and Recreation — Park and trail dedication were provided with the initial development of the TCF site. At that time, park dedication was based on net land area. Currently park dedication is based on building size, and with a subdivision that intensifies development with a new building, the additional building area would be subject park dedication at this time. At current rates, the park dedication amount is $869 per 1,000 s.f. of building area. SUMMARY /CONCLUSION Chick -fil -A is proposing a Planned .Development Amendment to allow the subdivision and addition of a building and a restaurant use with drive - through service, and a Preliminary Subdivision to create two lots, within the Eagan Promenade Planned Development upon the existing TCF Bank parcel. The site is guided SA /Special Area /Retail Commercial and is located within the Central Commons Special Area, The Central Commons Special Area Plan generally encourages infill and intensification through infill and redevelopment where appropriate. Factors to be considered are whether and how well the proposal adheres to the community's vision and policies in this regard. The proposed subdivision is odd and fails to meet some of the City Code standards for subdivision of land. In particular, the proposed new development cannot be fully accommodated within the lot boundary, and the proposed lot has no public street frontage. The configuration of the proposed subdivision appears to be driven by the Applicant's desire to locate on this site, and the Owner's desire to retain as much land under fee ownership as possible. Shared parking, access, signage and other functions of the redevelopment are proposed to be accommodated through private easements. Planning Report — Chick -Fil -A (Eagan Promenade 4t1i Addn.) March 25, 2014 Page 15 The proposed new development presents a policy question in regard to introducing another drive - through service within the Promenade. Furthermore, in this location, the added traffic is anticipated to exacerbate already difficult movements at the Denmark Avenue and Promenade Place intersection. The plans for the Chicle -fil -A include a number of deviations to City Code standards including parking, setbacks, signage and trash storage. The proposed building architecture and materials appear to meet City Code standards; colors should be compatible with the primary materials used elsewhere within the Eagan Promenade Planned Development. The proposed landscaping and site lighting appear acceptable. Park dedication will be due at the time of building permit for the newly added building area. ACTIONS TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow the subdivision and addition of a building and a restaurant use with drive - through service within the Eagan Promenade Planned Development, upon proposed Lot 2, Block 1, Eagan Promenade 4th Addition. If approved, the following conditions should apply: A Planned Development Amendment Agreement shall be executed and recorded at the time of Final Subdivision. The following exhibits are required for the Agreement: a, Site Plan b. Landscape Plan c. Building Elevations d. Signage Plan e. Site Lighting Plan 2. The trash enclosure shall be located on the Chick -fil -A lot (proposed Lot 1). 3. The outdoor dining patio shall provide outdoor seating of not more than 16 seats as shown on the Site Plan. 4. The operation of the outdoor dining area shall be subject to compliance with the standards in the City Code. 5. A detail of the patio railing shall be provided for the Plamied Development Amendment Agreement. 6. The flagpole shall not be used to display any business signs or logos. 7. All angled parking stalls shall meet City Code dimension requirements. 8. All landscaped areas shall be served with automatic irrigation. Planning Report — Chick -ffi -A (Eagan Promenade 4"' Addn.) March 25, 2014 Page 16 9. The parking lot light fixtures shall match the existing parking lot lighting. Lighting in the trash storage area and the flood light mounted on the building shall be shielded and downcast with the source of light not visible. 10. The service door to the storage area of the trash enclosure shall be painted to match the brick exterior of the enclosure. 11. Screening of mechanical equipment shall be provided in accordance with City Code requirements. 12. The monument sign shall be revised to meet City Code standards. 13. Detail and dimensions of the menu boards shall be provided for the PD Amendment Agreement. To recommend approval of a Preliminary Subdivision to create two lots upon 2.63 acres located at 3380 Denmark Avenue, legally described as Lot 1, Block 2, Eagan Promenade. If approved, the following conditions should apply: Standard Conditions 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2,1993: B1, B2, Cl, C2, C4, D1, E1, and G1 2. The property shall be platted. 3. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector /Installer certification through the University of Mirulesota, or approved equal training as determined by the City Engineer. 4. The developer shall provide private maintenance agreements, in a form acceptable to the City Attorney, with Lots 1 and 2, Block 2, Eagan Promenade, for the installation and maintenance of the utility service and restoration of the parking lot, at time of final subdivision approval. 5. The developer shall relocate the existing water main along the east and north property lines of Lot 1, Block 2, Eagan Promenade (TCF parcel), Planning Report — Chick -H-A (Eagan Promenade 4 °i Addn.) March 25, 2014 Page 17 6. The developer shall provide a 20' drainage and utility easement centered over all public water maid being relocated. 7. The developer shall maintain public maintain water service to all surrounding properties during the relocation 8. This developer shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 9. The developer shall provide private maintenance agreements and cross - easements for ingress /egress and shared parking,-in a form acceptable to the City Attorney, at time of final subdivision approval. 10. The developer shall construct all modifications necessary to medians, curbs, and parking lots to allow unobstructed access to the site and surrounding properties for semi - trucks and public safety vehicles as determined by the City Engineer. 11. All angled parking stalls shall meet City Code dimension requirements. STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 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. Easements 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 All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies prior to application for final plat approval, 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead -end public streets shall have a permanent cul -de -sac, or temporary cul -de -sac to be removed upon further extension (on stub streets), constructed in accordance with City 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. 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate public improvement project and associated contract must be awarded by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedications 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks Commission and as awarded by the action of the City Council, G. Tree Preservation and Mitigation 1. This development shall be responsible for preparing a tree preservation plan and mitigating for any removal in excess of the allowable limits, Mitigation shall be in the form of replacement trees, cash equivalent, or a combination thereof in accordance with the recommendation of the Advisory Parks Commission and as awarded by the action of the City Council. H. Stormwater Management and Water Quality Protection 1. This development shall manage stormwater and protect water quality by meeting requirements for design standards, minimizing impervious surface area and maximizing infiltration and retention, and providing acceptable complementary stormwater treatments, stormwater treatment ponds, regional ponds, and maintenance of private stormwater facilities in accordance with the current City post construction regulations and as recommended by the Advisory Parks Commission and awarded by Council action. 11 J. I. Wetlands Protection and Management 1, This development shall protect and .manage wetlands by meeting requirements for wetland delineations and assessments, sequencing and replacement, and wetland buffers and setbacks in accordance with the current wetland protection and management regulations and as recommended by the Advisory Parks Commission and awarded by Council action. Airport Noise Attenuation I , This development shall be responsible for meeting all appropriate noise attenuation conditions if the property is located within the Metropolitan Council Noise Exposure and /or Buffer Zone. Other 1, All subdivision, zoning, and other ordinances affecting this development shall be adhered to, unless specifically granted a Variance by Council action, Advisory Planning Commission Approved: August 25,1987 City Council September 15,1987 Revised:_ July 10 1990 Revised:_ February 2, 1993 Revised:_ July, 7, 2009 �z LL 0 0 LO O O v c a� o •- �o N C � N C C O N f6 N N U C 7 � Q O N N (n N N "0O O d Q O 7 CL N N � 'S N 0 N N E ® LL r L a. 'a N O M in W E a. Gi .L E 0. R N z +' O V d Z d d 0.. a! V E 0 U Eo -_ MO E I `'t z I o _ "l a a �. z a I- a o o • o m `os ® ¢ . 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Eli P li a =- - - - -:K -=- - - - - -- ,h- f Z Al � ♦ ♦n • o m r R h � �I I � 8 CII ♦N a ♦n ry n ♦' a n• w( � •- S 9 a a� d � : ,� , r ♦ n - 3 � � � I I 0 .m tm �n ran �o # �;1 m ♦m ^ {w W I I � w � � F�1 � � � ��A 4 Iasatsam I I I RADIUS WALL SCONCE Fixture t • ' i FEATURES • Durable cast aluminum housing • Available in various lighting distributions for maximum versatility • Integrated design eliminates high angle brightness • Luminaire finished in weatherproof powder -coat paint ORDERING INFORMATION SAMPLE CATALOG NUMBER OJ The RWSC Series radius wall sconce offers maximum versatility with multiple light sources and finishes. The available combination of uplight /downlight washes the building facade while the radial soft form housing will complement similar architectural design elements. GO - DIMENSIONS • Completely sealed, Flat tempered glass lenses suitable for use in wet location r;;F • Ships complete with lamp • Downlight only, full cut -off Dark Sky compliant B i A I I I RWSC XXX)(XX XX X Series Wattage /Source Distribution Finish Voltage RWSC Radius Wall Sconce '7 UMPIT2501— 70PMH 70 watt pulse start metal halide t 0OPMH 100 watt pulse start metal halide 1 SOPMH 150 watt pulse start metal halide 70HPS 70 watt high pressure sodium 100HPS 100 watt high pressure sodium 1 SOHPS 150 watt high pressure sodium 260F 26 watt quad tube Fluorescent 32TRF 32 watt triple tube. Fluorescent 42TRF 42 watt triple tube Fluorescent 2260E 2x26 watt quad tube Fluorescent 232TRF 2x32 watt triple tube Fluorescent 242TRF 2x42 watt triple tube Fluorescent SOLED 50 watt LED' UD Up /Downlight WD Downlight only (wide distribution)- standard FT Downlight only (forward throw) DB Dark Bronze BK Black WH White PS Platinum Silver i Consult factory for other lamp wattage and sources 2 Other finishes available. Consult factory. 3 Available with WD distribution only. 4 Not for use with LED source. 7.25" 18.0" 9.0" :: . r 120 120 volt 277 277 volt MT Multi -TaD a ®SL Quartz re -strike with lamp F Single fusing FF Double fusing EMI 2" 1 MRII /MR16 two pin socket for 12vpower (by others) 35w max. 35w MR1 1 lamp included. 2EMI21 2 MRII /MR16 two pin sockets for 12v power (by others) 35w max. 35w MR 11 IamD included. EM Remote emergency ballast (Huorescent only) I® LIT"MVIA L®"/5 TIMa® FEATURES & SPECIFICATIONS INTENDED USE For entrances, stairwells, corridors and other pedestrian areas. CONSTRUCTION Rear housing is rugged, corrosion - resistant, die -cast aluminum. Front cover is one -piece UV- resistant injection molded polycarbonate, internally painted. Cap- tive external hardware is specially treated for corrosion resistance and includes slotted hex -head and tamperproof fasteners. FINISH Dark bronze (DDB) corrosion - resistant polyester powder. OPTICAL SYSTEM One -piece die- formed reflector is diffused aluminum. Refractor is clear UV stabi- lized polycarbonate. Front cover is sealed and gasketed to inhibit the entrance of outside contaminants. ELECTRICAL SYSTEM Ballast: Metal halide: high reactance, high power factor. HIPS: 35S, 50S, 70S, 120V are reactor, normal power factor. 100S 120V is reactor, high power factor. High reactance, high power factor (XHP) optional for 50S, 70S and 100S, 120V. 208, 240, 277,347 and TB are standard XHP. Ballasts are 100 %factorytested. UL listed 66OW, 600V and 4kV pulse rated. All components are heat - sinked directly to the cast housing for maximum heat dissipation. Socket: Porcelain, horizontally oriented medium -base socket with copper alloy, nickel - plated screw shell and center contact. INSTALLATION Mount to any vertical surface or to a 4" round square outlet box. Back access through gasketed slot. Top wiring access through 1/2" threaded conduit entry. Through - wiring requires use of a conduittee. Photocells are field - installable. LISTING UL listed for wet locations. IP65 rated. UL Listed to US and Canadian safety stan- dards (see Options). NOM Certified (see Options). Note: Specifications subjectto change without notice. ORDERING INFORMATION TWA Series Wattage Voltage TWA Metal halide 120 50M 2082 70M 2402 loom 277 High pressure sodium 347 35S' TB3 50S 23050HZI 70S SF 100S bronze NOTES: 1 120V only. 2 Must specify CWJ in Canada. 3 Optional multi -tap ballast (120, 208, 240, 277V). In Canada (120, 277, 347V( ships as 120/347. 4 Consult factory for available wattages. 5 Optional for 120V HIPS only (n /a 35S). 6 Maximum allowable wattage lamp included. 7 Not available with TB. 8 Maybe ordered as an accessory as TWAWG U. 9 Finish applied to housing only. 10 Must be specified. Catalog Number Notes Type OK Mini Wall -Packs / TWA METAL HALIDE JJJ 50 -100W HIGH PRESSURE SODIUM 35 -100W Specifications Height: 10" (25.4cm) Width: 11 -1/2" (29.2cm) Depth: 8- 15/16" (22.7cm) *Weight: 10 lbs. (4.53kg) *Weight as configured example below For shortest lead times, configure product using standard options (shown in bold). Example: TWA 50M 120 LPI Outdoor Sheet #: TWA -M -S 0 BM-600 Ballast Options Finish Lamp10 (blank) Magnetic Shipped installed in fixture (blank) Dark LPI Lamp CWI Constant watt- SF Single fuse (120, 277, bronze included age isolated 347V) DNA Natural L/LP Less lamp XHP High reac- OF Double fuse (208, 240V) aluminum tance (lag), EC Emergency circuits DBL Black high power factors (IRS Quartz restrike system s DMB Medium CSA Listed and labeled bronze to comply with DWH White Canadian Standards DSS Sandstone NOM NOM Certified' CR Enhanced PE Photocell' corrosion - Shipped separately' resistances WG Wire guard CRT Non -stick protective coating' Outdoor Sheet #: TWA -M -S 0 BM-600 >_:_ FEATURES & SPECIFICATIONS INTENDED USE— For recreation areas, parking lots, building facades, car lots. CONSTRUCTION — NEMA heavy-duty construction. Contoured, low - profile die-cast aluminum housing and front bezel. Frombezel Ishinged foreasy removal via position - oriented hinge -cam deslgn.Sealed by a one piece bonded high- temperature silicone gasket. Lens: Impact - resistant, thermal -and shock- reslstant clear tempered glass. Finish: Standard finish Is dark bronze (DDB) corrosion resistant polyester powder. With additional architectural colors. OPTICS — Anodized aluminum reflector provides highly efficient rectangular beam pattern. Optic chamber sealed to Inhibit entrance of outside contaminants. ELECTRICAL — Ballast: High pressure sodium: 150W Is high reactance, high powerfactor. Constantwattage autotrans- former for 200 -400W. Metal halide:15OW Is high reactance, high power factor and Is standard with pulse -start Ignitor technology. "SCWA" not required. Constant wattage autotransformer for 175 -400W. Super CWA (pulse start ballast), 88% efficient and EISA legislation compliant, is required for metal halide 151 -40OW (S(WA option) for US shipments only. CSA, NOM or INTL required for probe start shipments outside of the US. Pulse -start ballast (SCWA) required for 200%32OW, or 3SOW. Ballast Is 100% factory-tested, Socket: Porcelain, horizontally- oriented, mogul -base socket with copper alloy, nickelplated screw shell and center contact. UL listed 150OW, 60OV, 4KV,pulse rated. INSTALLATION — Corrosion - resistant, heavy -duty, painted steel mounting yoke standard; die -cast Integral tenon sllpfitter optional. All external slotted hex -head screws specially coated for corrosion - resistance. LISTINGS — Listed and labeled to UL standards. listed and labeled to CSA standards (see Options). NOM Certified (see Options). UL listed for 25 °C ambient; 40 °C for 250M and below or 1505 and below. UL listed for wet location. IP65 rated. Note: Specifications subject to change without notice. Catalog Number OC Notes Type Floodlighting METAL HALIDE: 150W - 40OW 111UH PRESSURESODIUM:150W -400W Specifications o Height: 10 -1/2 (26.7) Width; 17 -5/8 (44.8) 12 -3/4 Depth: 12 -3/4 (32.4) (32.4) *Weight: 27 lbs (13.2 kg) C EPA:1.3ft' 17 -5/8 10 -3/4 144.8) (27:3) Notes 7 Must specify (WI for use In Canada. 15 Maximum allowable wattage lamp Included. 1 175M SCWA not available with 480V. 'Weight as configured In example below. 16 Photocell not included. 2 These wattages do not comply with California Title 20 regulations. In Canada 120, 277,347V; ships as120/347. 17 Prefix with TFR when ordered as an accessory. Field modification 3 Must order SCWA. 9 Consult factory for available wattages, All dimensions are inches (centimeters) unless otherwise specified. r r c r For shortest lead times, configure product using standard options (shown in bold). 11 Must specify finish when ordered as an accessory. Example: TFR 400M TA TB SCWA LPI in 347 or 48OV. 12 Yoke mounting only. 20 Must specify. L/LP not available with MHC. 5 Not available with SCWA. 13 Requires IS or FTS slipfitter. TFR 14 Must specify voltage. Not available with TB. Series Wattage Distribution Voltage Ballast Mo3ugtIng TFR Metal halide Ceramic TA (7X6)6 120 (blank) Magnetic ballast Shipped installed Shipped separately10 -ss 150M metal halide RB (6X6) 2087 CWI Constant wattage isolated (blank) Yoke EY Extended yokes 175M1-1 150MHC RC (5X5) 2407 O Pulsestart IS Integral slipfitter FRWB Radius wall bracket" HA h- ressure 277 -�;'� (2 -3/8" OD tenon) FSAB Steel angle brackets' pressure 250M4 sodium' 347 SCWA Super SCWA pulse start FSPB Steel squarepolebrackets' 320M' 1505 480' Note: For shipments to U.S, territories, FTS Tenon slipfitter (2 -3/8" to 2 -7/8" OD 350M' -' 2505 TBB SCWA must bespedfied to complywith tenon)12 400M4 4005 23050H2° EISA. FWPB Wood mounting brackets Options Fmsh" ..... lampZ" Shipped installed in fixture CF Charcoal filter Shipped separately10 (blank) Dark bronze LPI Lamp included SF Single fuse (120, 277, 347V) 14 CSA Listed and labeled to comply WG Wire guard"," DNA Natural aluminum L /LP Less lamp DF Double fuse (208, 240, 48OV)14 with CSA standards VG Vandal guard 11,17 DBL Black EC Emergency circuit s .NOM NOM Certified' UV Upper visor "," DMB Medium bronze ORS Quartz restrike system ,s INTL Available for robe start p DWH White PER NEMA twist -lock photoelec- shipping outside the U.S. FV Full visor 1117 CR Enhanced corrosion tric receptacle16 REGCI California Title 20 effective PE1 NEMA twist -lock photocontrol (120, 208, 240V) resistance C62 2' 16 -3 SEO cord prewired 1/1/02010 PE3 NEMA twist -lock photocontrol (347V) CRT Non -stick protective C42 2'14-3 SEO cord prewired PE4 NEMA twist -lock photocontrol (48OV) coating" C22 2'12-3 SEO cord prewired PE7 NEMA twist -lock photocontrol (277V) SC Shorting cap for PER option Notes 7 Must specify (WI for use In Canada. 15 Maximum allowable wattage lamp Included. 1 175M SCWA not available with 480V. 8 Optional multi -tap ballast (120, 208, 240, 277V). 16 Photocell not included. 2 These wattages do not comply with California Title 20 regulations. In Canada 120, 277,347V; ships as120/347. 17 Prefix with TFR when ordered as an accessory. Field modification 3 Must order SCWA. 9 Consult factory for available wattages, required unless ordered with fixture. 4 These wattages require the REGC1 option to be chosen for shipments 10 May be ordered as an accessory. 18 See www. lithonia. com/ archcolorsforadditionalcoloroptions. into California for Title 20 compliance. 250MREGC1In not available 11 Must specify finish when ordered as an accessory. 19 Black finish only. in 347 or 48OV. 12 Yoke mounting only. 20 Must specify. L/LP not available with MHC. 5 Not available with SCWA. 13 Requires IS or FTS slipfitter. 6 Not available with 150S. 14 Must specify voltage. Not available with TB. 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(n Vd E ol 42 �E � \ \ \ Q (3 0 < -W @) C-) \\ a9l PR Cl) jW 10 (L) N 0 2 c U \= E o CL E )9B® 0 au) -w .� \k2 }/\ j .\ \\ \ \/a )� _ $j \\ _° (°% y\ £ \0 ../ \ 2 & >C*4 ■ 2 T-4i / - \ \\ / z } r / \{ § a) \k 7777 \ }\ z {ay / / co: \ /(\ \ \ /)[o &/.r R§o'e�EE %`) \32 \ / \ {f //E �J ^^ e \ | 9 v I \ I I) I\ 4B }E ® \z \ \ } I ' \ § ( \t 7\ w a L) 9 v % ƒ \ 't c, CO \ ƒ W NI § ƒ \ 4� }� ;9 ?1 —M \�} t ) ■ £ $ _- p e ■ {J f\ � /\ )) �� I \ I 4B \\ \ \z \ IE 2/\ 2= , 7 a;& % ƒ \ 't c, CO \ ƒ W NI § ƒ \ 4� }� ;9 ?1 —M \�} t ) ■ £ $ _- p e ■ {J f\ � /\ )) �� Chick- fil -A, Inc. 5200 Buffington Road Atlanta, Georgia 30349 -2998 Telephone 404- 765 -8900 Project Narrative Site Summary The subject property is proposed to be a 0.385 acre carveout lot from the TCF Bank parcel located at 3380 Denmark Avenue. Note the TCF Bank parcel is part of the Eagan Promenade Planned Development which consists of a host of retail and restaurant uses. The proposed site is currently improved with a parking lot that services the bank. The subject property is currently zoned PD (Planned Development) and will remain PD. The zoning within 660 feet of the property is PD and CSC (Community Shopping Center) containing a mixture of retail and restaurant uses. The property is also located in the Central Commons Comprehensive Guide Plan area and will continue to remain in this planning area. The project will consist of razing portions of the existing parking lot and constructing the proposed restaurant which will contain approximately 4,876 square feet of floor area, attractive landscaping, features an outdoor seating area adjacent to the shared parking lot between Chick -fil -A and TCF Bank and is connected to the path along Yankee Doodle Road with an ADA compliant concrete sidewalk for pedestrian friendly access. Lot Layout/Configuration The proposed parcel is situated at the southeast corner of the TCF Bank parcel and is configured in an L -shape orientation. The overall size and shape of the lot is driven by TCF Bank and their desire to sell Chick -fil -A only enough property to support the building, drive -thru and a row of parking along the front of the building. This size of parcel is not large enough to self - support the Chick -fil -A parking demand, but through shared parking and access easements both developments will be able to efficiently utilize the available parking area. Additionally, parking setbacks along the drive -thru lane are slightly less than ordinance; however, the overall setback from Yankee Doodle is 79' to the building and approximately 61' to the drive -thru lane which provides for ample greenspace and landscape opportunities. The setback to the east is also adjacent to greenspace. Given the limited site and setback considerations, Chick -fil -A is making every effort to provide landscaping and aesthetic appeal to the site to make an overall improvement to the visual appeal of this location. Parking Sixty -eight off - street parking spaces will be located and shared between the bank and Chick- fil -A, which includes four handicap spaces. Although there are only ten parking spaces shown within the Chick -fil -A parcel, TCF Bank and Chick -fil -A will enter into a shared parking agreement that will allow Chick -fil -A to utilize the parking spaces on TCF Bank's property. There will be fifty -eight parking spaces remaining on TCF Bank's property, of which code only requires seventeen. This leaves an excess of forty -one spaces that can be utilized by Chick -fil -A customers and team members. From a code perspective ninety -eight parking spaces are required for the combination of the bank (17 spaces) and Chick -fil -A (81 spaces). As noted above, the total amount Chick- fil -A, Inc. 5200 Buffington Road Atlanta, Georgia 30349 -2998 Telenhone 404 - 765 -8900 of spaces proposed between both developments is sixty -eight leaving a deficit of thirty spaces. Code does allow up to thirty spaces to be shared if justifiable. In an effort to provide justification, we commissioned a parking study to identify the required number of spaces to efficiently operate TCF Bank and Chick- fil -A. As noted in the study, the peak parking demand between the two developments is approximately 70 parking spaces, which was identified to be during the week. The proposed shared parking lot consists of 68 stalls which would be two short of meeting this requirement. However, the likelihood of the peak demand for both uses overlapping is not likely and it is expected the peak parking demand for the bank will be much different than the Chick -fil- A. To determine more likely parking demand numbers, hourly occupancy rates were used from the Urban Land Institutes publication Shared Parking Facilities 2nd Edition. Using these rates, it was found that the maximum expected shared parking demand for both buildings would be 59 vehicles yielding a surplus of 9 parking spaces. Drive -thru Lane Orientation /Operation A drive -thru service facility is proposed which will feature two stacking lanes up to the order points that will merge into one lane leading up to the pickup window. Chick -fil -A has found that this drive -thru configuration increases efficiency and minimizes vehicle overflow into the parking lot. Chick -fil -A has perfected the drive -thru experience and has been named best drive -thru in America for eight consecutive years by a nationally recognized quick service authority. Out of all the quick service restaurants surveyed Chick -fil -A scored the highest in order accuracy, friendliness of the order takers, and speed of service. Overall average wait time from the time an order is placed to pickup is approximately 90 seconds. To this end, Chick -fil -A does not see customers trying to get out of line because the wait is too long; thereby eliminating the need for a bypass lane. Out of all the restaurants constructed within the Midwest, about 90% of them have a similar isolated drive -thru configuration. Of those 90 %, only 20% of those have a bypass lane. The restaurants that do have a bypass lane included are because local code required it. In Eagan, a bypass lane is not required by code. Beyond the above the only other occurrence that could create a situation where a vehicle would need to get out of line is if a vehicle became disabled. This situation is a rarity; however, if this were to ever occur, the restaurant team members are trained to address this situation as quickly as possible to get the drive -thru lane back in operation. Signage Given the location of the building within the shopping center, customers could approach the site from multiple directions. In an effort to assist them in locating the building signage is proposed on all four elevations. Additionally, Chick -fil -A has worked with TCF Bank to relocate their existing monument sign on Denmark Avenue to the Yankee Doodle Road frontage and convert it to shared sign featuring a panel for TCF Bank and one for the Chick- fil -A. We feel that this does not set a precedent within the center as we are not adding a new sign but rather relocating an existing sign on the lot. The original Planned Development Agreement allows for a separate monument sign on this parcel, where as it does not allow separate monument signs on most other parcels. Chick- fil -A, Inc. 5200 Buffington Road Atlanta, Georgia 30349 -2998 The sign is designed to meet current ordinance requirements and does not exceed 7' in overall height or 4' in height for the sign copy. A stone base is utilized along with durable materials, providing aesthetic appeal. Chick -fil -A feels the presence of a monument sign on Yankee Doodle is important given the excessive grade transition from the road to the site. Additionally, being new to the market, appropriate signage will be key in the success of the restaurant as it will attract those just driving by as well as assist those coming for the first time. Traffic /Site Circulation Vehicular access to the proposed restaurant will be provided via Promenade Place as well as the right -in from Denmark Avenue just north of TCF Bank. Having multiple controlled access points will minimize impacts to the overall operation of the existing parking lot and roadways. From a traffic perspective, we commissioned a traffic study to identify any existing issues that may be present on the surrounding roadways and make projections to ultimately determine the impact from the addition of a Chick- fil -A. As noted in the traffic impact study, two intersections were analyzed to determine existing Level of Service and resulting Level of Service after the addition of the Chick- fil -A. These intersections were Denmark Avenue /Promenade Place & Promenade Place /Promenade Avenue. The operations of Promenade Place /Promenade Avenue function at an acceptable level; however, Denmark Ave /Promenade Place in the existing and future conditions do not. We are currently working with City staff and the adjoining property owners in the center to develop a plan to address the traffic concerns at this intersection, which may consist of geometric improvements on Promenade Place to create separate left turn and right/thru lanes along with access aisle entrance conversions to right in /right out's to help navigate traffic more efficiently through this area. These changes would also prepare this intersection for a signal that could be added by the City in the future. Deliveries to the restaurant will be scheduled for off hours and trucks will enter and circulate through the center to the Chick -fil -A as shown on the autoturn exhibit. Minor parking lot island modifications will be required to ensure the largest delivery truck does not hop curbs and rut landscaping. These modifications are also shown on the aforementioned exhibit. With regards to the site plan, the inclusion of the Chick -fil -A will eliminate the cross connection between TCF Bank's parking lot and the Houlihan's restaurant to the east. While we understand connection between parking lots is typically desired, the connection in question provides only secondary access between the bank and restaurant. The only traffic that utilizes this connection is customers doing business at both the bank and restaurant. Anyone trying to access the restaurant will use Promenade Place as it is a more direct route to the establishment. Chick -fil -A has already reviewed this plan with Investco, the developer of the center, and they have Chick-fil-A, Inc. 5200 Buffington Road U111 Atlanta, Georgia 30349 -2998 approved the closing of the connection. As such we feel that closing this connection will not be a major impact on the development. Offsite Trash Enclosure The proposed plan locates the trash enclosure off the Chick -fil -A parcel and detached from the restaurant for a variety of reasons. The first being food deliveries, which come through the service door at the north end of the building. If the enclosure was attached to the building this entry would be at the back of the enclosure creating a situation where the delivery person would have to walk through the enclosure to gain access to the service door. Additionally, Chick -fil -A prides itself in creating the best possible guest experience and having the enclosure so close to the building may detract from that. Also, it appears that the City has allowed for trash enclosures to be detached from the principal structure at other locations within this PD. The enclosure will be within a permanent easement that will be tied to the lot and not Chick -fil -A specifically. In the event that the user changes in the future, the easement for the trash enclosure will continue to exist with the lot. Lot Coverage and Utilities Utility service to the proposed restaurant will be via existing infrastructure that currently services the buildings within the Promenade. Stormwater management will consist of collecting stormwater into a combination of existing and proposed intakes within the parking lot that tie into the overall subdivision drainage system. Overall, the proposed project is reducing the amount of impervious area by approximately 77 square feet; thereby reducing stormwater runoff. As part of the development, a small portion of the City's water main will need to be relocated around the proposed building as depicted on the attached utility plan. Both sanitary sewer and water services will be extended from existing infrastructure within the subdivision. There is a 12" water main that runs along the north side of the site and an 8" sanitary sewer that we plan on tapping into for service. Both of these mains should be of adequate capacity to support the Chick -fil -A and current demand. Comprehensive Plan /Central Commons Guide Plan One of the goals of the comprehensive plan and more specifically the Central Commons Special Area is to promote infill opportunities. These opportunities could be in the form of development of a multiphase project or the conversion of existing parking lots that are underutilized. As we look at this project the TCF bank parcel currently has 128 parking spaces available, of which code only requires 17 spaces. This equates to a parking surplus of 111 parking spaces that are currently not being used. The implementation of the Chick -fil -A will provide an opportunity to improve this underutilized area and convert it into additional commercial retail within the City. The Chick -fil -A will also provide patrons another food choice option and infuse new energy into the development, thereby increasing the store traffic of the surrounding businesses. Chick- fil -A, Inc. 5200 Buffington Road Atlanta, Georgia 30349 -2998 Telephone 404- 765 -8900 In addition, the site plan has been developed to embrace some of the policies outlined within the Central Commons Special Area; such as locating the building toward the front of the lot and providing for pedestrian connections to the surrounding sidewalk network. The site has been designed to reduce the amount of existing impervious area, embracing the sustainability aspects of the plan. Overall, we feel the inclusion of the Chick -fil -A into the Promenade shopping center will be a benefit not only to the City but also the public as it will make use of an underutilized parking lot while providing patrons of the center a new and different food choice option. Given the aspects noted above, we feel the presented plan accomplishes the applicable goals outlined in the comprehensive plan. \ \hrgmhnas\ data \86120518 \Design \Deliverables \Outgoing \City of Eagan \2014 -03 -04 PD Resubmittal \Project Narrative Revised 03- 03- 14.doc Agenda Information Memo August 19, 2014, Eagan City Council Meeting OLD BUSINESS B. Modification to CityVue Commons Conditions of Approval — Interstate Partners Action To Be Considered: To approve a Modification to the Conditions of Approval for the CityVue Commons Preliminary Planned Development which consists of 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. Required Vote For Approval: Majority of Councilmembers present Facts: ➢ The City Council approved a Comprehensive Guide Plan Land Use Amendment, Preliminary Planned Development and Preliminary Subdivision on June 17, 2014. ➢ The applicant has asked for reconsideration of a condition of approval pertaining to the Planned Development, specifically condition 79. The request is described in the attached exhibit and summarized below. o Condition 79 — Possible proof of parking for Lot 3 relates only to Lot 2, the 10- story apartment building, and not the entire development. The proposed change to condition #79 reflects the intent of the City Council as staff understood it. 60 -Day Agency Action Deadline: N/A Attachments: (3) OBB -1 Location Map OBB -2 Excerpt from June 17, 2014 City Council Minutes OBB -3 Developer's request for modification 4 X � �o o 0 _ cV M a� N � 3: 0 `Ja a 01273 u e a g m • a r fL 0 0 04 ® m pp® YA� O k¢ w, 0 �q �1 a -0 Z C :V ni w < U 4 X w �ti L a m:. e v U: s � �o o 0 _ cV M I N "'R44477111�JJJ44 0 `Ja a °o, u e a g m • a r fL 0 � CD ® m pp® YA� O k¢ a 04 •Y �.a npnae as Ye.maYa w �ti L a m:. e v U: s JL Him � �o o 0 _ cV M I N 0 `Ja a °o, u e a g m • a r fL 0 � CD ® m pp® YA� O JL Him I City Council Meeting Minutes June 17, 2014 10 page 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 (Le. 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 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. 79. Lot 3 shall be restricted to use as "proof of parking" to accommodate the parking needs for the other lots in the subdivision. Development of the lot for apartment use shall be allowed upon applicant establishing to the sole satisfaction of the City Council that parking on Lot 3 for the benefit of the other lots is unnecessary or that the proposed development can accommodate all the necessary parking per City Code, 80. Signage designating parking stalls for specific tenants shall be prohibited save for stall(s) signed for "food pick up" parking. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve 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 following conditions: Aye :5 Nay :0 1, The applicant shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, 61, B2, B3, C1, C2, C4, E1 and F1 2. The property shall be platted. Sarah Thomas From: Lonnie Provencher < Iprovencher @interstatepartnersmn.com> Sent: Thursday, August 14, 2014 11:40 AM To: Sarah Thomas Cc: Leanna Stefaniak ( Istefanial < @athomeapartments.com); Mike Ridley; Greg Miller; Lonnie Provencher Subject: Condition #79 - Preliminary Development Agreement Sarah, Per our discussions and subsequent e-mail correspondence, please let this e -mail serve as a formal request to amend Condition # 79 of the Preliminary Development Agreement as follows; 79. Lot 3 shall be restricted to use as "proof of parking" to accommodate the parking needs exclusively for Lot 2 in the subdivision. Development of Lot 3 the let for apartment use shall be allowed upon applicant establishing to the sole satisfaction of the City Council that parking on Lot 3 for the benefit of Lot 2 %he - other -lets is unnecessary or that the proposed development of Lot 3 can accommodate all the necessary parking for the apartments per City Code. This request is made in clarification of the discussion between the applicant and the city council at the June 17th council meeting (starting on minute 00:34:00 of the council video, and specifically on minute 00:34:10 http: / /www.cityofeagan.com /index,php /watch - video), whereas Mr. Ridley is reading the Planning Commission minutes, which specify that the condition encumbering Lot 3 is specific to Lot 2, because of the applicant's requested parking ratio for Lot 2 is significantly less than city code. The following conversation results in a modification to the Planning Commission proposed condition, and our understanding was and continues to be that the parking conditions applied to Lot 3 are specific to our proposal to park Lot 2 at a ratio that is less than city code. Please note, that when we reviewed the City Council video, we did observe (minute 00:51:00 of the video) Mr. Dougherty restate the discussed condition and used the word 'lots' in the plural form; and as a result, the minutes were published as they are today. We apologize that we did not catch this subtlety at the meeting as we would have immediately clarified the original intent. Lastly, This revision is critical to the overall development as Lot 2 & Lot 3 will be under common ownership (CityVue Apartments, LLC), whereas the remaining lots (Lot 1 and the outlots - also known as Lots 4, 5 & 6) will be under different ownership (Yankee Doodle Commercial, LLC) and the cross - nature of this condition will result in financing challenges for each of the proposed lots and phases. Thank you for your consideration of this request. LP Lonnie Provencher, SIOR Interstate Partners - Minnesota 500 Jackson Street, Suite 200 St. Paul, MN 55101 651 - 294 -7583 - Office 612 - 327 -1697 - Cell Iprovencher @interstatepartnersmn.com www.interstatepartners.com Agenda Information Memo August 19, 2014, Eagan City Council Meeting VII. NEW BUSINESS A. Rezoning, Planned Development Amendment, Final Planned Development and Final Plat (Dakota Ridge 2nd Addition) — Dakota Ridge II Action To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) a Rezoning from LB to PD for three unplatted parcels comprising 0.59 acres located at 3434 Washington Drive. To approve (or direct preparation of Findings of Fact for Denial) a Planned Development Amendment for the existing platted parcel for redevelopment of the property from a restaurant to a four -story hotel upon property located at 3434 Washington Drive, subject to the conditions listed in the APC minutes. To approve a Final Plat (Dakota Ridge 2nd Addition) to consolidate the four existing parcels into a single platted lot. Note: As a single -phase development, approval of the Planned Development Amendment simultaneously constitutes approval of a Final Planned Development, subject to an executed Final Planned Development Agreement. Required Vote For Approval: ➢ Rezoning, PD Amendment and Final PD — At least three votes Final Plat — Majority of Councilmembers present Facts: ➢ The applicant is proposing to redevelop an existing restaurant site as a four -story 93 -unit hotel. ➢ The site consists of one platted parcel and three unplatted parcels. The proposed Final Plat (Dakota Ridge 2nd Addition) consolidates all four parcels into one lot and dedicates 20' of right -of -way and restricted access along Pilot Knob Road. ➢ The three unplatted parcels are currently zoned LB, Limited Business. The one platted parcel is zoned PD, Planned Development. The proposed Rezoning rezones the unplatted parcels to Planned Development, and the proposed Planned Development Amendment reflects redevelopment of the site with a hotel use. ➢ The site is located within the Central Commons Special Area, and is guided for Retail Commercial uses. ➢ PD zoning allows for flexibility in the strict application of zoning standards to provide for mutual benefit and an improved development design. ➢ The applicant is proposing deviations to pavement and parking setbacks, signage, and building design. The stated public benefit is that redevelopment "enhances the community by increasing the tax base, improving traffic safety on Washington Drive, better managing stormwater and replacement of an aged structure." ➢ The APC held a public hearing on July 22, 2014 and did recommend approval, subject to the conditions listed in the APC minutes. Issues: ➢ The APC recommended approval of the hotel use and the proposed manufactured stone as a Class I building material. The APC further recommended just one free - standing sign and required building signage and exterior building materials to meet City Code standards. ➢ Following the APC meeting, the applicant submitted correspondence stating they are removing the pylon sign from the proposal, and relocating two building signs to the south east corner of the building. ➢ The applicant has also reiterated the request for consideration of: • Allowing building signs to project one foot above the building parapet to comply with the franchise design. If the Council so desires, a change to condition #10 would be as follows: 10. Building signage shall comply with City Code standards, save for signage will be allowed on up to three sides of the building and signage to project 1' above the parapet., inelud4ng +tin + the signGge shell net p -eje 4 Gbe a the re44ge Y.L4 W G • Allowing the building elevations and exterior finish materials as proposed. Per the APC recommendation, condition #6 requires finish materials to be consistent with City Code standards. As shown, the Class I materials ratio, including the proposed manufactured stone, is 62.7% as compared to the City Code standard of 65 %. If the Council desires, a change to condition #6 would be as follows: 6. Exterior building materials shall _h_ G_P„_ri_ _i2Pt w4th City C_9de 1#PJPdPJPdQ wk-19-include the proposed manufactured stone product being ensid,, as a Class 1 material, as approved by the City Council. 60 -Day Agency Action Deadline: ➢ August 31, 2014 Attachments: (6) NBA -1 Location Map NBA -2 Draft July 22, 2014 APC Minutes NBA -3 Letter from Applicant dated August 11, 2014 NBA -4 Revised Elevations and Building Signage dated August 12, 2014 NBA -5 Planning Report NBA -6 Report Exhibits w 0 L t0 CL ILX A v a i ■0 V O J IRT P O Lo 0 E a N = d d P .a E d 0 a 9 Y aj N O E a P MW.. Z� o V d Z N 7 N C d acv z 0 O ianooNtlwaaHS 0 w U K V/ AV W v/ 3Alad ltla3O3j 3AIa0ltla303� ems, MQ� ® � M0 EB b3l �z N LL a� M O N R 03 C) U) N v d m d U ®p. o M, J s Advisory Planning Commission July 22, 2014 Page 4 of 8 B. Holiday Inn Express & Suites Applicant Name: Dakota Ridge II, Dakota Ridge II Location: 3434 Washington Drive Application: Rezoning A Rezoning from LB, Limited Business to PD, Planned Development. File Number: 16- RZ- 02 -06 -14 Application: Planned Development Amendment A Planned Development Amendment to allow a 4 -story hotel. File Number: 16- PA- 05 -06 -14 City Planner Mike Ridley introduced this item and highlighted the information presented in the City Staff report dated July 17, 2014. Vice Chair Vanderpoel asked if the stated parking stall count was accurate and suggested she would like to see more green space. Mike Berkopec, applicant, provided some general background' including that the development team owns the Dakota Ridge Best Western hotel next door. Mr. Berkopec commented specifically on the need for parking and how their proposed development will interconnect the two parcels allowing parking and access to flow between the two sites. Member Prashad thanked the applicant for reinvesting in Eagan and asked for clarification regarding the two free - standing signs proposed. Mr. Berkopec stated :their belief that the two signs would benefit the traveling public with wayfinding, specifically with visibility of the site from I -35E. Vice Chair Vanderpoel questioned why building signage wouldn't accomplish that same purpose. Secretary Piper asked the applicant for clarification on the proposed exterior building materials. The applicant's architect illustrated the material breakdown and later presented a material board showing the proposed manufactured stone finish. He also clarified the proposed parking and spoke to the impact of right -of -way dedication on green space. Chair Filipi opened the public hearing. There being no public comment, Chair Filipi closed the public hearing and turned the discussion back to the Commission. Secretary Piper asked staff if the City has allowed signage to extend above the parapet, allowed two free - standing signs on a site without freeway frontage or signage on more than two sides of a commercial building. City Planner Ridley stated he was unaware of the City previously allowing signage to extend above the parapet or allowing two free - standing signs on a site without freeway frontage. Conversely, Ridley stated the City has approved signage on three sides of a commercial building in the past. Advisory Planning Commission July 22, 2014 Page 5 of 8 Vice Chair Vanderpoel stated she finds the finish material percentages acceptable. She further stated that she did not support two free - standing signs, but was amenable to building signage on three sides of the building. She also stated she would like to see additional green space. Member Sagstetter stated he was trying to determine which deviations were "wants" as opposed to "needs," and questioned whether all of the proposed deviations are needed. Secretary Piper stated he would like to see the parking reduced in order to achieve additional green space and that he would prefer building signage on three sides and only the monument free - standing sign. Piper also noted that the proposed improvement in green space from existing conditions should not be overlooked. Member Prashad moved, Secretary Piper seconded a motion to recommend approval of a Rezoning from LB to PD for approximately 0.6 acres. All voted in favor, motion carried 5 -0. Member Prashad moved, Secretary Piper seconded a motion to recommend approval of a Planned Development Amendment for a four -story hotel upon 2.6 acres located at 3434 Washington Drive subject to the conditions listed below, as amended. Additional discussion occurred. Member Sagstetter stated that he was in favor of considering the manufactured stone a Class I material in this case. He further stated that, based on comments by the applicant, he was not convinced signage on three sides of the building is necessary, but it was not a deal killer for him. Secretary Piper reiterated that he was not in favor of a pylon sign but did support building signage on up to three sides. 1. A Final Planned Development Agreement shall be executed prior to issuance of a building permit. The following plans are necessary for the Final Planned Development Agreement: • Final Site Plan • Final Building Elevations • Final Site Lighting Plan • Final Landscaping Plan • Final Signage Plan 2. The property shall be platted. 3. Prior to issuance of a building permit, the developer shall enter into a development agreement, in a form acceptable to the city attorney. 4. The applicant is responsible for obtaining permission from the adjacent owner to install the off -site landscaping. 5. The Landscape Plan shall be revised for the Planned Development Agreement to show all plant materials meeting minimum size standards in the City Code. Advisory Planning Commission July 22, 2014 Page 6 of 8 6. Exterior building materials shall be consistent with City Code standards with the proposed manufactured stone product being considered a Class 1 material. 7. A Tree Mitigation Plan separate from the Landscape Plan shall be provided. A combined Overall Planting Plan can show both mitigation and landscape plantings. 8. All site lighting shall be shielded and downcast such that the source of light is not visible from off the property, and to avoid glare onto adjacent property and public rights -of -way. 9. One free - standing sign shall be allowed. It shall include a brick base, which shall be shown on the Final Sign Plans to be incorporated into the Final PD Agreement. 10. Building signage shall comply with City Code standards, save, for signage will be allowed on up to three sides of the building, including that the signage shall not project above the roof line or parapet wall. 11. 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. 12. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to the issuance of a building permit. 13. 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. 14. A detailed land disturbance and erosion control plan shall be prepared in accordance with current City land disturbance and erosion control regulations prior to final plat approval. 15. 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. 16. This development shall comply with the City's Post Construction Requirements (City Code §4.33) for stormwater management and surface water quality. 17. Prior to receiving a grading or building permit, the applicant shall provide the City with soil- boring logs taken within the location of proposed filtration /infiltration features, extending 6' below the bottom of the proposed over - excavation elevation, to evaluate suitability for infiltration. Advisory Planning Commission July 22, 2014 Page 7 of 8 18. Prior to receiving a grading or building permit, the applicant shall provide construction details of proposed infiltration basin for City review (cross- section, notes for construction /construction protection /construction sequencing, sizing /volume tables, inlet details, outlet/under- drain /gate -valve 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 basins shall have a maximum temporary ponding depth of 1', and side - slopes no steeper than 3h:1v. If an under -drain is used, an easily accessible gate -valve must be installed to be able to regulate under -drain outflow. 19. Prior to receiving a grading or building permit, the property owner 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. 20. The utility plans shall include a sanitary sewer:service of a consistent size between the building and the main, and relocate the water service connection off of the existing fire hydrant stub, or in a manner acceptable to the City Engineer. 21. The developer shall be responsible to restore the sidewalk, street, curb and gutter, and boulevard in a manner acceptable to the City Engineer. 22. This development shall provide�hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 23. The developer shall provide private cross - easements for ingress /egress and shared parking, in a form acceptable to the City Attorney, at time of building permit. 24. This development shall dedicate 10 -foot drainage and utility easements centered over all lot lines, and 10 -foot drainage and utility easements adjacent to all public right -of -ways. 25. A sidewalk easement of sufficient size, and covering the existing sidewalk on Washington Drive, shall be provided in a'form acceptable to the City Attorney. 26. 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 or building permit. 27. The applicant shall fulfill tree mitigation requirements through the installation of fourteen (14) Category, B equivalent trees. A Tree Mitigation Plan separate from the Landscape Planting Plan shall be provided for incorporation into the Planned Development Agreement. 28. This development shall provide a cash park dedication for the increased intensity of the redevelopment, payable at the time of building permit issuance at the rates then in effect. 29. This development shall provide trail dedication in the form of a public trail easement over the sidewalk along Washington Drive. The motion was called and all voted in favor. Motion carried 5 -0. Advisory Planning Commission July 22, 2014 Page 8 of 8 V. OTHER BUSINESS City Planner Ridley reminded the Commission of the APC Workshop on August 22, 2014. Member Piper suggested the commission in terms of what the City has done in terms of variations from some of the strict requirements on signage, to help maintain consistency in their evaluation of such requests. City Planner Ridley agreed it may be helpful to research past sign deviations in Planned Developments and present those findings to the Commission in a workshop setting. VI. ADJOURNMENT Member Piper moved, Member Vanderpoel seconded, a motion to adjourn the Advisory Planning Commission meeting at 7 :40 p.m. A vote was taken. All voted in favor. Motion carried 5 -0. Respectfully Submitted by: Dan Piper APC Secretary August 11, 2014 Pamela Dudziak Planner, City of Eagan Via email Dear Pam, Following the Advisory Planning Commission meeting and in consideration of their comments along with further analysis we would like to make an adjustment to our submittal. SIGNAGE Below is a site plan showing the proposed Holiday Inn Express and Suites on the same sheet with our existing Best Western Plus. Based on this information, we would like the City to consider the following signage change: 1) Drop the pylon sign while maintaining the monument sign thereby meeting the City ordinance of one free standing sign. 2) Move the 2 building signs from the northwest corner to the southeast corner of the building (from north and west elevations to south and east elevations). We would appreciate continued consideration of these signs extending one foot above the parapet in compliance with IHG franchise requirements. Condition 10 would have to be modified if our request is granted. E F11,1114) lul 5 I1�5 J .: w' t � � ■a i I 1of2 BUILDING FACADE No changes to our deviation request. Condition 6 would have to be modified if our request is granted. PARKING Parking is a very important part to this project and the neighboring hotel. The requested deviations in parking setbacks and green space are required to maintain the viability of the project. SUMMARY If this project is approved as requested the community will see an increased tax base, improved traffic safety on Washington Drive, better management of storm water, enhanced landscape and tree plan, park dedication fees and replacement of an aged structure. In addition, various City and County easements, etc. will be cleaned up as part of the process. Although we have had significant interest from potential restaurant operators to re -open the building as a restaurant the issues noted above will be left without resolution if we are forced down that path. Thanks again for helping us through the approval process. Mike Berkopec Wheelhouse Capital 763 - 242 -0576 mikeQa wheelhousemn.com 2of2 z O 0. Q W W 0! Z tt F F z Q Q W _ O° N x 11 1 U J J w FV Q 0 Q z z Q Q w T) w F- U� q- ct� (f� w w z z Q D J 0 Z V I Z Q W J W R/ 0 R/ W W 0 J 0 U Z 0 a J W q � II 0 Q tu W w4 F II pI v J J W Q O Q z z Q O Q w T) w N N n z z Q 0 I O z z O Q w J LL O^/ R/ W l.L O _I O V PLANNING REPORT CITY OF EAGAN REPORT DATE: July 17, 2014 APPLICANT: Dalcota Ridge 11 PROPERTY OWNER: Dakota Ridge II REQUEST: Rezoning, PD Amendment LOCATION: 3434 Washington Avenue CASE: 16- RZ- 02- 06 -14; 16- PA- 05- 06 -14; 16- FD- 05 -06 -14 HEARING DATE: July 22, 2014 APPLICATION DATE: July 2, 2014 PREPARED BY: Pam Dudziak COMPREHENSIVE PLAN: SA /RC, Special Area/Retail Commercial ZONING: PD, Planned Development; LB, Limited Business SUMMARY OF REQUEST The applicant is requesting approval of a Rezoning from LB to PD for three unplatted parcels comprising 0.59 acres, and a Planned Development Amendment for the existing platted parcel for redevelopment of the property from a restaurant to a hotel upon property located at 3434 Washington Drive. Approval of the Planned Development Amendment simultaneously constitutes approval of a Final Planned Development, to be documented in a forthcoming Final PD Agreement. The applicant has also submitted an application for Final Plat to consolidate the four existing parcels into a single platted lot. Final Plat requires City Council action, however, it does not require a public hearing or action by the Advisory Planning Commission, AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subd. 5 states in part, 1. The provisions of this chapter maybe amended by the majority vote of the council, except that amendments changing the regulations of any district may only be made by an affirmative vote of two - thirds of all members of the council. 2. The City Council shall not rezone any land or area in any zoning district or make any other proposed amendment to the zoning ordinance without first having referred it to the advisory planning commission for its consideration and recommendation. Planning Report — Dakota Ridge 2" `t (Holiday Inn Express) July 22, 2104 Page 2 BACKGROUND /HISTORY Bicentennial 3 I Addition was platted in 1978, and the restaurant building was constructed shortly thereafter. The development site consists of four parcels, three of them. unplatted. The existing parking lot extends over two of the unplatted parcels. The parcel containing the existing building, is zoned PD, Planned Development, The other three parcels are zoned LB, Limited Business, The City's Comprehensive Guide Plan designates the property SA /RC, Special Area/Retail Commercial, The Retail Commercial use designation is intended to provide for "shopping centers, supermarkets, drugstores, department stores, convenience center/ gas stations, restaurants, and hotels." This small area plan encompassing the land area surrounding the I -35E intersection with both Yankee Doodle and Pilot Knob Roads was first established in 1994, and subsequently revised and updated with the City's Comprehensive Guide Plan in 2000 and again in 2010. The Central Commons Special Area Plan establishes a vision plan to guide long -term private sector investments and redevelopment in the area. Additional information in this regard is provided later in this case report. EXISTING CONDITIONS This site is comprised of four individual parcels. The existing parking lot and building were constructed with the original development of the site. Mature trees line the perimeter of the property. The majority of the site will be disturbed in preparation for the proposed building and parking lot. The existing building is connected to City sewer and water services. With the proposed use and new building location, this development would require the relocation of all utility services. The site is fronted by three public streets, Washington Drive to the west, 81St Street to the north, and Pilot Knob Road (CSAFI 31) to the east. Pilot Knob Road is classified as a Minor Arterial roadway and is under the jurisdiction of Dakota County. The other streets are classified as local streets. The parking lot has two connections onto Washington Drive, and two onto 81st Street. A sidewalk extends along the east side of Washington Drive between Yankee Doodle Road and Federal Drive, SURROUNDING USES The following existing rises, zoning, and comprehensive guide plan designations surround the subject property: Planning Report — Dakota Ridge 2"d (Holiday Inn Express) July 22, 2104 Page 3 EVALUATION OF REQUEST Description of Proposal — The applicant is proposing to redevelop this site with a 4 -story 93 -unit Holiday Inn Express & Suites hotel. A pylon sign is proposed in the southeastern corner of the site, with a monument sign in the northwestern corner. The existing sidewalk along Washington Drive will remain. Planned Development and Public Benefit — The applicant's narrative indicates the proposed redevelopment "enhances the community by increasing the tax base, improving traffic safety on Washington Drive, better managing stormwater and replacement of an aged structure." The narrative also notes that no public financial assistance is being requested. The ownership group also owns the adjacent Dakota Ridge Best Western Plus, with plans for upgrades to that facility. Plat — The proposed plat consolidates the four existing parcels into a single platted lot. The site is 2.62 acres in size and had frontage on Washington Drive, 81St Street and Pilot Knob Road. The plat dedicates 20' right -of -way to Dakota County and dedicates restricted access along Pilot Knob Road. The net lot area is 2.42 acres. Compatibility with Surrounding Area — The proposed hotel use appears compatible with the surrounding area. The surrounding area contains a variety of retail commercial, service and office use, including one other hotel, Comprehensive Guide Plan — The Central Commons Special Area small area plan encompasses the land area surrounding the I -35E intersection with both Yankee Doodle and Pilot Knob Roads. It was first established in 1994, and subsequently revised and updated with the City's Comprehensive Guide Plan in 2000 and again in 2010. The Central Commons Special Area Plan sets forth a vision plan to guide long -term private sector investments and redevelopment in the area. The Central Commons Area is envisioned to be "an active, mixed use and walkable destination for people of all ages from within and outside of Eagan," and a place "where all forms of transportation are integrated." In addition, "the community should strive with each redevelopment proposal to move towards the ultimate vision for the area, while at the same time, Existing Use Zoning Land Use Designation North Gas /Convenience; credit PD, Planned Development SA /RC - Special Area union Retail Commercial South Hotel (Dakota Ridge Best PD, Planned Development SA /OS - Special Area Western ) Office /Service East Pilot Knob Road; MVTA Right -of -Way; PD, Right-of-Way; SA /RC - Transit Station/retail Planned Development Special Area /Retail Commercial West Office; auto repair PD, Planned Development SA /OS- Special Area Office /Service EVALUATION OF REQUEST Description of Proposal — The applicant is proposing to redevelop this site with a 4 -story 93 -unit Holiday Inn Express & Suites hotel. A pylon sign is proposed in the southeastern corner of the site, with a monument sign in the northwestern corner. The existing sidewalk along Washington Drive will remain. Planned Development and Public Benefit — The applicant's narrative indicates the proposed redevelopment "enhances the community by increasing the tax base, improving traffic safety on Washington Drive, better managing stormwater and replacement of an aged structure." The narrative also notes that no public financial assistance is being requested. The ownership group also owns the adjacent Dakota Ridge Best Western Plus, with plans for upgrades to that facility. Plat — The proposed plat consolidates the four existing parcels into a single platted lot. The site is 2.62 acres in size and had frontage on Washington Drive, 81St Street and Pilot Knob Road. The plat dedicates 20' right -of -way to Dakota County and dedicates restricted access along Pilot Knob Road. The net lot area is 2.42 acres. Compatibility with Surrounding Area — The proposed hotel use appears compatible with the surrounding area. The surrounding area contains a variety of retail commercial, service and office use, including one other hotel, Comprehensive Guide Plan — The Central Commons Special Area small area plan encompasses the land area surrounding the I -35E intersection with both Yankee Doodle and Pilot Knob Roads. It was first established in 1994, and subsequently revised and updated with the City's Comprehensive Guide Plan in 2000 and again in 2010. The Central Commons Special Area Plan sets forth a vision plan to guide long -term private sector investments and redevelopment in the area. The Central Commons Area is envisioned to be "an active, mixed use and walkable destination for people of all ages from within and outside of Eagan," and a place "where all forms of transportation are integrated." In addition, "the community should strive with each redevelopment proposal to move towards the ultimate vision for the area, while at the same time, Plaraiing Report — Dakota Ridge 2`1 Inn Express) July 22, 2104 Page 4 it is important to be respectful of existing property owners." To that end, "specific development and redevelopment proposals should be evaluated on how well they achieve the community's vision and conform to policies." The community should strive with each redevelopnent proposal to move towards the ultimate vision for the area, while at the same time, it is important to be respectful of existing property owners. Airport Noise Considerations — The site is not within the Airport Noise Policy zones, and thus, is not subject to land use restrictions based on airport noise exposure. Site Plan — The proposed site plan situates the building on the western portion of the property, fronting and parallel to Washington Drive. The majority of surface parking is proposed south and east of the building, up to the Pilot Knob Road frontage, with limited surface parking and a porte cochere drop -off area on the west side of the building. Access to the site is from Washington Drive and 81St Street, no vehicle access is afforded directly to Pilot Knob Road. The proposed site plan eliminates one driveway directly to Washington Drive, and consolidates a driveway access with the Best Western hotel site to the south. A pylon sign is proposed. in the southeast corner of the property for passing traffic on the main arterial roads, and a monument sign in the northwest corner near the driveway access to the site. Setbacks — The CSC zoning district establishes a minimum front yard setback of 30' from a public right- of-way (50' from a major thoroughfare, e.g. Pilot Knob Road), side yard setbacks of 10' and a rear yard setback of 20'. Required parking setbacks are a minimum of 5' on side and rear yards, and 20' in front yards adjacent to public fight-of-way. The proposed site layout satisfies the building setbacks. Some deviations to minimum parking setbacks are proposed along the east and west sides of the development. A reduced parking setback is proposed from 20' to 123' along Washington Drive, and from 20' to 5,4' along Pilot Knob Road, Along Washington Avenue, a row of parking and the drive at the main building entrance extend into the 20' setback on the west side. On the east side, there is a drive aisle parallel to Pilot Knob Road which is set back 5.4' from the new lot line, after the dedication of 20' to Dakota County for right-of-way purposes. Building Coverage — The proposed building has a footprint of 14,345 s.£, which covers 13.6% of the 2.42 acres. This is well below the typical CSC zoning district standard of 30% maximum building coverage. Green Space — Current green space on the site is 12.4%. Green space of 21.9% is proposed with the redevelopment. While this remains less than the City Code minimum standard of 30% green space for commercial development, it is a net increase from the current conditions. In addition, the amount of land being dedicated to Dakota County for right -of -way purposes (approximately 3,600 s.f. ) which would otherwise be in green space reduces the total green space and overall site size. Plamiing Report — Dakota Ridge 2" a (Holiday Inn Express) July 22, 2104 Page 5 Building Elevations /Architecture —The proposed 4 -story building has a flat roof. The main entrance feature is set off with a manufactured stone surround that extends taller than the rest of the building roof line. The porte cochere has stone pillars supports on the first level beneath the canopy. The first two levels of the building are primarily brick. EIFS (in two colors) is utilized on the upper sections of the building. The different materials and use of different colors provides visual breaks and interest along the longer building walls. The building is approximately 215' in length, and is divided by changes in materials and colors into 4 sections. The sections vary in length from 42' to 64' and average about 54', which is a deviation to the City Code standard of 40' intervals. The slightly longer sections appear to provide visual relief while remaining in scale with the building. The acceptability of the building design is a policy matter for City officials. Building Materials — The City Code identifies that newly constructed buildings in cornrnercial zoning districts must utilize at least two Class I materials comprising at least 65% of the building finish. Up to 35% Class Hand Ill materials maybe utilized, and not more than 10% Class TV or V materials. According to the applicant's narrative, the proposed building follows the new IIoliday Inn Express brand standards for design and finish. The building utilizes Class I materials of brick and glass, which comprise 53.7% of the overall building finish. Manufactured stone (Class II) and EIFS (Class III) comprise 46.3 %. The EIFS alone is used on 37.3% of the building, slightly exceeding the 35% maximum standard for Class II and III materials combined. The City Code does allow the City Council to accept "other comparable or superior materials," While manufactured stone is listed in the City Code as a Class II material, the applicant's narrative states "the manufactured stone product we are using is of high quality and is often considered a class I material in many cities." If the Council were to accept the proposed manufactured stone as a Class I material on this project, the ratio of Class I materials would increase by 9% to 62.7%, just under the 65% minimum standard. The acceptability of the proposed building finish materials is a policy platter to be determined by City officials. Tree Preservation — The proposal is considered as a single -lot, multiple -unit commercial type of application. Per the City of Eagan Tree Preservation Ordinance, allowable tree removal for this type of development. A tree inventory submitted with this application indicates there are six (6) significant trees currently existing on site. According to plan submittal, significant tree impacts will result in the removal of all six (6) significant trees (100% of the total). Because the proposed removal of significant trees removal is more than allowable there is required tree mitigation. Tree mitigation for this application as proposed calculates to fourteen (14) Category B trees (or an equivalent combination of Category A and /or C trees). Planning Report — Dakota Ridge 2„d (Holiday Inn Express) July 22, 2104 Paize G Through site reviews by the Eagan Supervisor of Forestry and through discussions with the applicant the number of existing trees, originally inventoried on site, have been deleted from the revised tree inventory. Twenty -five (25) ash trees and four (4) crabapple trees have been removed; the ash trees because of poor condition and the crabapple trees because of small diameter. To date a complete Tree Mitigation Plan has not been submitted, A Tree Mitigation Plan should be provided, separate from the Landscape Planting Plan, for incorporation into the Planned Development Agreement. LandscEing -- A variety of shrubs and perennial plant materials are proposed around the building, in parking islands and along street frontages. Landscape features are proposed at the main building entrance and around the base of the two freestanding signs. Proposed landscaping at the shared driveway with the Best Western in the southwest corner of the site extends onto adjacent property. The applicant is responsible for obtaining permission from the adjacent owner to install the off -site landscaping. The Landscape Plan shows shade trees along the perimeter of the site adjacent to all three street frontages and along the south side. There are a number of utilities on the south side of the site which may conflict with trees of this size. The applicant should provide evidence that the proposed plantings do not confliet =with the utilities, or modify the final landscape plan to show smaller plant materials in that area. The City's tree preservation ordinance requires that mitigation trees be provided in addition to required landscaping. Therefore, a separate Tree Mitigation Plan should be provided, A combined overall planting plan can show both mitigation and landscape plantings. For purposes of this evaluation, it is assumed that the submitted Landscape Plan is intended to show both mitigation and landscape materials. The planting plan shows 49 deciduous overstory trees. Required mitigation is 14 Category B trees, resulting in 35 trees proposed to fulfill landscape requirements. Combined with the other landscape materials (foundation plantings, shrubs, perennials, etc.), the proposed plan appears to satisfy the City's ordinance for minimum landscape materials. The landscape schedule shows some of the plants are below minimum size standards. In particular shade trees such as maple, honeylocust and oak, should be a minimum size of 2 -1/2 ", rather than the 2" size specified on the Landscape Plan, The Landscape Plan should be revised for the Planned Development Agreement to show all plant materials meeting minimum size standards in the City Code, Site Li hg tiny -- A photometric lighting plan was provided. Parking lot lights are pole mounted at 30' height. Photometrics indicate light levels not less than 0.5 fc in the parking areas, and an average of 2,0 fc throughout. Light levels drop to 1 fe or less at the property lines, Planning Report -- Dakota Ridge 2" d (Holiday I in Express) July 22, 2104 Page 7 Other site lighting includes recessed ceiling mounted fixtures beneath the porte cochere canopy, wall mounted accent lighting, and bollard pathway lighting along the sidewalks adjacent to the building. All fixtures are energy efficient LED. All site lighting should be shielded and downcast such that the source of light is not visible from off the property, and to avoid glare onto adjacent property and public rights-of-way. Signage — City Code allows one frce- standing sign. Building signage is permitted of up to three total signs on up to two elevations. Free- standing Signage —City Code allows one free- standing sign, either a monument sign or a pylon sign. The proposal is for two free - standing signs, one ground sign and one pylon sign. This deviation from the City Code standard is "to provide clear traffic direction" for hotel guests. The acceptability of this deviation is a policy matter to be determined by City officials. The pylon sign is proposed near the southeast corner of the property to identify the hotel primarily from Pilot Knob Road and the southbound I -35E exit ramp to Pilot Knob Road . The monument sign is proposed near the northwest corner of the property to identify the hotel for motorists approaching from Yankee Doodle Road and Washington Drive. City Code allows for both a ground sign and a pylon sign on parcels that have freeway frontage. The subject parcel does not have frontage abutting the freeway. Most traffic will be approaching the hotel from the east, either from I -35E or from Pilot Knob or Yankee Doodle Road, while the access to the site is from the west. The proposed free- standing signs will be the "Holiday Inn Express & Suites brand standard internally illuminated ground type sign." The monument is proposed to include have a brick base, the pylon is not. The proposed pylon meets the dimensional standards of the City Code, with a 27' inaximumheight and 102 s.f of sign area per side (125 s.f. max). Both free- standing signs should include a brick base, which should be shown on the Final Sign Plans to be incorporated into the Final PD Agreement. Staff suggested an east /west building configuration as a way to enhance visibility of the building from Pilot Knob and Yankee Doodle Roads. The applicant stated they tried numerous layouts and concluded the best location for the building is facing and close to Washington Drive. "The design highlights the front entrance for guests ... minimize[s] curb cuts and puts the majority of the parking behind the building" and optimizes traffic flow for guests and deliveries. Building Signage — Two building signs are proposed. Building signs consist of the name and logo in a channel letter construction. The signs are each 175 s.f, in area. One building sign is located on the north end of the west elevation, and the other on the west side of the north Planting Report — Dakota Ridge 2 "" (Holiday Imi Express) July 22, 2104 Page 8 elevation. Both signs are proposed to be mounted with the logo portion projecting 1' above the roof line. City Code does not allow a building mounted sign to project above the highest outside wall or parapet wall. The applicant has indicated that this design is in keeping with the Holiday Inn Express & Suites prototype, and requests approval of this deviation. It is a policy matter for City officials whether to accept the proposed deviation, or require the sign to be mounted such that the top of the sign does not project above the roof line. Mechanical Equipment — Mechanical units shall be shown on the project plans at the time of building permit. Both ground mounted units and building mounted units shall be fully screened from off-site views. City Code requires a minimum 30" parapet on new building construction. The proposed elevations plans show compliance with this design standard. The elevations also show conceptual rooftop mechanical units. The mechanical units extend above the parapet, however, depending on the placement upon the building, additional screening may or may not be needed. This will be determined at the time of building permit and final inspections if the units remain visible from off the property. Ground mounted units are also shown on the plans and noted to be screened with landscaping. Topogaphy /Grading -- The site generally slopes from south to north with elevations ranging from 922 to 916. The preliminary grading plan is acceptable. All public and private streets, drainage systems, and utilities necessary to provide service to this development should be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies. A detailed land disturbance and erosion control plan should be prepared in accordance with current City land disturbance and erosion control regulations prior to final plat 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 storm water pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, should have received Erosion/Sediment Control Inspector /Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. Wetlands — Because there are no wetlands on site, City Code § 11.67, wetland protection and management regulations, does not apply. Storm Water Management /Water Quality -- The applicant proposes to completely reconstruct approximately 82,399 square feet (1.89 acres) of impervious surface on 2.62 acre site (resulting in a decrease of approximately 13,301 square feet from existing conditions) of a site that had Planning Report — Dakota Ridge 2 "d (Holiday Inn Express) July 22, 2104 Paae 9 previously not met City stormwater requirements. Runoff from the site's impervious area flows off- site, through the public stormwater system., directly to CP -IA, a stormwater wetland basin, which is in the Gravel Pit Lake (CP -9) watershed. This development should comply with the City's Post Construction Requirements (City Code §4.33) for stormwater management and surface water quality. The developer proposes to meet City water quality requirements through construction of eleven small infiltration basins, within the reconstructed parking lot, for capture of the first V2" of impervious runoff volume, with overflow to be discharged to the public stormwater system. Prior to receiving a grading or building permit, the applicant should provide the City with soil - boring logs taken within the location of proposed filtration /infiltration features, extending 6' below the bottom of the proposed over - excavation elevation, to evaluate suitability for infiltration. Prior to receiving a grading or building permit, the applicant should provide construction details of proposed infiltration basin for City review (cross - section, notes for construction/construction protection /construction sequencing, sizing/volume tables, inlet details, outlet /under - drain/gate- valve 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 should be included in applicable plan sheet(s). The infiltration basins shall have a maximum temporary ponding depth of 1', and side - slopes no steeper than 3h:Iv. If an under - drain is used, an easily accessible gate -valve must be installed to be able to regulate under -drain outflow. Eagan Water Resources has reviewed the applicant's plans provided for stormwater management/water quality and finds the proposed plans appear to meet City Code §4.33 stormwater requirements. Prior to receiving a grading or building permit, the property owner should 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, Storm Water Drainage - The preliminary storm drainage plan is acceptable. The majority of the site lies within Drainage District C (as designated in the City Storm Water Management Plan -- 200'7), and generally flows to the existing storm sewer system along Washington Drive. Utilities — The preliminary utility plan is acceptable, with modification. Lateral sanitary sewer of sufficient size, depth, and capacity is available for connection and extension by redevelopment of this site. Sanitary sewer District N (as designated in the City's Comprehensive Sanitary Sewer Plan) serves the entire site. The existing building is currently served with water and sanitary sewer services. Record plans indicate the existing water service stub is 8" Ductile Iron Pipe Plaiming Report — Dakota Ridge 2 "d (Holiday hm Express) July 22, 2104 Paee 10 (DIP), and sewer service stub is 6" Cast Iron Soil Pipe (LISP). They also show an existing 8" water service stub has been provided on a fire hydrant lead on the north end of the site. The proposed utility plans show connecting an 8" PVC sanitary sewer service to the existing 6" sewer service stub at the right- of-way line, and installing a new water 6" DIP water service directly to the 8" water main on the north side of the site, under Washington Drive. The utility plans should include a sanitary sewer service of a consistent size between the building and the main, and relocate the water service connection off of the existing fire hydrant stub, or in a manner acceptable to the City Engineer. Installation of the new service may require open cutting the sidewalk, boulevard, and street. The developer should be responsible to restore the sidewalk, street, curb and gutter, and boulevard in a manner acceptable to the City Engineer. This development should provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. This will general require an additional hydrant on the east side of the building, Streets /Access /Pedestrian Circulation -- The existing site has four accesses onto public streets. Along 81st Street, both accesses are proposed to be slightly shifted. Along Washington Drive, the northern access is proposed to be eliminated, and the souther access consolidated with the northern most access of the property to the south (3450 Washington Drive- Best Western Hotel). A parking lot connection with the parcel to the south also is proposed at the east side of the site. The developer should provide private cross - easements for ingress /egress and shared parking, in a form acceptable to the City Attorney, at time of building permit. The existing 5' concrete sidewalk is partially located out of the right-of-way. The development includes internal private sidewalks around the building and connecting to the existing sidewalk along Washington Drive. Easements /Rights of Way /Permits — No public drainage & utility easements currently exist on this site. This development should dedicate 10 -foot drainage and utility easements centered over all lot lines, and 10 -foot drainage and utility easements adjacent to all public right-of-ways. A sidewalk easement of sufficient size, and covering the existing sidewalk on Washington Drive, should be provided in a form acceptable to the City Attorney. The Dakota County Plat Commission reviewed this development and indicated the need for an additional 20' of right- of-way for the future expansion of Pilot Knob Road (CSAH 31). This development is dedicating the additional right- of-way to Dakota County. This development should be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to the issuance of a building permit. Financial Obligation — At this time, there are no pending assessments on the parcels proposed for platting. Plaiuiing Report -- Dakota Ridge 2`1 (Holiday Trai Express) July 22, 2104 Page 11 Based upon a study by City staff of the financial obligations collected in the past and proposed use for the property, no tiunk utility fees have been collected for this property. The following estimated charges will be collected at time of final plat or building permit. The final charges will be computed using the rates- in -effect-ut -time of platting or permit, The estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the development or plat, with due allowances for easements and right- of-way required with the plat. This development should accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval or building permit. Improvement Use Rate Quantity Amount Sanitary Sewer Trunk Non -res. $2,956/ ac 2.41 acres $7,124 Water Trunk Non -res. $3,121/ ac 2.41 acres $7,522 Storm Sewer Trunk Non -res. $0.203/ sf 105,589 sf $21,435 Total $36,081 Parks and Recreation - The site is currently comprised of one platted parcel and three unplatted parcels. The existing restaurant is located on the platted parcel which was developed in 1980. Surface parking supporting the restaurant extends onto the unplatted parcels to the east. City records are unclear as to whether park dedication was previously applied or satisfied for the existing restaurant development. The unplatted parcels would not have previously been subject to dedication requirements. In addition, the existing development predates the City's adoption of Trail Dedication, which occurred in 1990. With redevelopment and intensification of use on the site, part-, and trail dedication apply at this time. Trail Dedication - There is an existing sidewalk along Washington Drive which is partially located on the subject site. Dedication of public trail easement for this existing sidewalk will satisfy the trail dedication for the development. Park Dedication - Prior to 2007, cash park. dedication was based on the land area of a parcel. In 2007, commercial park, dedication rates were modified to correspond to the intensity of development based on the size of the building. Current cash park dedication rates are $869 per 1,000 s.f. of building area. The proposed 4 -story building is 55,925 s.f. The existing building is approximately 8,000 s.f. In recognition of the prior development and applying park dedication only to the increased intensity of the proposed. redevelopment, the park dedication is calculated below: Building Area for part. dedication: 55,925 s.f. - 8,000 s.f. = 47,925 s.f. Cash Park Dedication Amount: 47.925 x $869 = $41,647 The park dedication is payable at the time of building permit issuance at the rates then in effect. Planning Report — Dakota Ridge 2" d (Holiday Inn Express) July 22, 2104 Page 12 SUMMARY /CONCLUSION The applicant is proposing to redevelop an existing restaurant site as a 4 -story 93 -unit holiday Inn Express & Suites hotel. The site consists of one platted parcel and three unplatted parcels which are proposed to be replatted as a single parcel. With the platting, Dakota County requires dedication of 20' of right-of-way for Pilot Knob Road, which is shown on the plat, and the Site Plan accommodates. Part of the site is being rezoned from LB, Limited Business, to PD, Planned Development, and the Planned Development is being amended for redevelopment of the property with a hotel use. Approval of the Planned Development Amendment simultaneously constitutes approval of a Final Planned Development, to be documented in a forthcoming Final PD Agreement. The proposed building is located on the west side of the site, with the main entrance facing Washington Drive. The site plan eliminates existing curb cuts to Washington Drive and consolidates one driveway with the adjacent parcel to the south. Cross- easements should be provided for shared ingress- egress and shared parking, The redevelopment provides a net increase in green space, improved storm water management, and replacement of landscaping. Park and trail dedications apply for the increased intensity of development. PD zoning allows for flexibility in the strict application of zoning standards to provide for mutual benefit and an improved development design. The applicant is proposing deviations to pavement and parking setbacks, and building and free- standing signs, and building design. The stated public benefit is that redevelopment "enhances the community by increasing the tax base, improving traffic safety on Washington Drive, better managing stormwater and replacement of an aged structure." The City's Comprehensive Guide Plan sets policies for redevelopments such as this to move toward the ultimate vision for the area while respecting existing property owners and development in the area. ACTION TO BE CONSIDERED To recommend approval of a Rezoning from LB to PD of approximately 0.59 acres at 3434 Washington Drive, located south of Yankee Doodle Road between Washington Drive and Pilot Knob Road. To recommend approval of a Planned Development: Amendment for a four -story hotel upon approximately 2.6 acres located at 3434 Washington Drive. Approval of the Planned Development Amendment will simultaneously constitute the Final Planned Development for the property, to be documented in a forthcoming Final Planned Development Agreement. If approved the following conditions shall apply: Planning Report — Dakota Ridge 2`4 (Holiday Inn Express) July 22, 2104 Page 13 1. A Final Planned Development Agreement shall be executed prior to issuance of a building permit. The following plans are necessary for the Final Planned Development Agreement: • Final Site Plan a Final Building Elevations • Final Site Lighting Plan • Final Landscaping Plan • Final Signage Plan 2, The property shall be platted. 3, Prior to issuance of a building permit, the developer shall enter into a development agreement, in a form acceptable to the city attorney. 4, The applicant is responsible for obtaining permission from the adjacent owner to install the off- -site landscaping. 5, The Landscape Plan shall be revised for the Planned Development Agreement to show all plant materials meeting minimum size standards in the City Code, 6, The Landscape Plan shall be revised for the Planned Development Agreement to show all plant materials meeting minimum size standards in the City Code. 7. A Tree Mitigation Plan separate from the Landscape Plan shall be provided. A combined Overall Planting Plan can show both mitigation and landscape plantings. 8. All site lighting shall be shielded and downcast such that the source of light is not visible from off the property, and to avoid glare onto adjacent property and public rights-of-way. 9, Both free- standing signs shall include a brick base, which shall be shown on the Final Sign Plans to be incorporated into the Final PD Agreement, 10. Building signage shall comply with City Code standards, including that the sign shall not project above the roof line or parapet wall. 11. 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. 12. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to the issuance of a building permit. Planning Report — Dakota Ridge 2 "" (Holiday Inn Express) July 22, 2104 Paize 14 13. A detailed land disturbance and erosion control plan shall be prepared in accordance with current City land disturbance and erosion control regulations prior to final plat approval. 14. 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. 15. This development shall comply with the City's Post Construction Requirements (City Code §4.33) for stormwater management and surface water quality. 16. Prior to receiving a grading or building permit, the applicant shall provide the City with soil - boring logs taken within the location of proposed filtration/infiltration features, extending 6' below the bottom of the proposed over - excavation elevation, to evaluate suitability for infiltration. 17. Prior to receiving a grading or building permit, the applicant shall provide construction details of proposed infiltration basin for City review (cross - section, notes for construction/construction protection /constriction sequencing, sizing/volume tables, inlet details, outlet /under- drain/gate -valve 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 basins shall have a maximuni temporary ponding depth of 1', and side - slopes no steeper than 3h: Iv, If an under -drain is used, an easily accessible gate - valve must be installed to be able to regulate under -drain outflow. 18. Prior to receiving a grading or building permit, the property owner 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. 19. The utility plans shall include a sanitary sewer service of a consistent size between the building and the main, and relocate the water service connection off of the existing fire hydrant stub, or in a manner acceptable to the City Engineer, 20. The developer shall be responsible to restore the sidewalk, street, curb and gutter, and boulevard in a manner acceptable to the City Engineer. 21. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. Planning Report — Dakota Ridge 2 °4 (Holiday Inn Express) July 22, 2104 Pave 15 22. The developer shall provide private cross- easements for ingress /egress and shared parking, in a form acceptable to the City Attorney, at time of building permit. 23. This development shall dedicate 10 -foot drainage and utility easements centered over all lot lines, and 10 -foot drainage and utility easements adjacent to all public right-of-ways, 24. A sidewalk easement of sufficient size, and covering the existing sidewalk on Washington Drive, shall be provided in a form acceptable to the City Attorney. 25. 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 or building permit. 26. The applicant shall fiilfill tree mitigation requirements through the installation of fourteen (14) Category B equivalent trees. A Tree Mitigation Plan separate from the Landscape Planting Plan shall be provided for incorporation into the Planned Development Agreement, 27. This development shall provide a cash park dedication for the increased intensity of the redevelopment, payable at the time of building permit issuance at the rates then in effect. 28. This development shall provide trail dedication in the form of a public trail easement over the sidewalk along Washington Drive. �Z N a> U- LO� E:,; a o - �o N C 7 N 010 C C p N N c- N C C m O d 0 N VJ N u O C 7 Q E N N F O Q 0 M M {n \ \\ 7> I J Fi I CIli.�r�v I ii vi�vrini / 8i crvr rvvrn.. 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Complete warranty terms located at: www. acuitybrands .com /CustomerResotirces /Terms and conclitions.as EVO -8 -OPEN I GOTHAM ARCHITECTURAL DOWNLIGHTING 1 1400 Lester Road Conyers GA 30012 1 P 800.315.4982 1 gothamlighting.com PAGE 1 OF 3 0 2010 -2014 Acuity Brands Lighting, Inc, All Rights Reserved Rev. 03/18/14. Specifications subject to change without notice, gotham, Series Color temperature Nominal lumen values Aperture /Trim color Distribution Finish Voltage EVO 27/ 2700 K 18 1800 lumens BAR Clear (blank) 1.0 s /mh (blank) Semi - specular 120 30/ 3000 K 22 2200 lumens BPR Pewter VND Very narrow (0.43 s /mh) LO Matte diffuse 277 35/ 3500 K 29 2900 lumens 8WTR Wheat NO Narrow (0.52 s /mh) LS Specular 347' 41/ 4100 K BGR Gold MD Medium (0.80 s /mh) 8WR' White WD Wide (1.1 s /mh) Driver Options (blank)' 0 -10V dimming driver. Minimum dimming level 10% SF Single fuse TRBL Black painted flange ECOS24 -I Lutron° Hi -Lume® 2 -wire forward -phase dimming RRL_ RELOCII-ready luminaire connectors enable a simple ELI Emergency battery pack with integral driver. Minimum dimming level 1% and consistent factory installed option across all test switch ECOS31.4 Lutron® Hi -Lume® 3 -wire or EcoSystem® dimming ABL luminaire brands. Refer to RRL for complete ELRI Emergency battery pack with remote driver. Minimum dimming level 1% nomenclature. test switch NEPPI Interface for Sensor Switch® nLight® network provided CPI Chicago plenum with integral power supply. Refer to TN- 623 -01. NSDI Sensor Switch® nLight° one 5A relay with one 0 -10 VDC dimming output; requires bus power, such as nPP16 power pack. Refer to nSP5 -D. TRW7 White painted flange ACCESSORIES order as separate catalog numbers (shipped separately) SCAB Sloped ceiling adapter. Degree of slope must be specified (10D, 15D, 20D, 25D, 30D). Ex: SCAB 10D. Refer to TECH -190. CTA4 -8 YK Ceiling thickness adapter (extends mounting frame to accommodate ceiling thickness up to 2 "). GVRT Vandal- resistant trim accessory. Refer to TECH -200. ISO BC 0 -10V wallbox dimmer. Refer to ISD -BC. NSP5 D ER KIT Sensor Switch nLight secondary relay and dimming pack device used to switch and dim luminaires powered via an emergency circuit. Refer to NSP5 D ER KIT. EVO -8 -OPEN I GOTHAM ARCHITECTURAL DOWNLIGHTING 1 1400 Lester Road Conyers GA 30012 1 P 800.315.4982 1 gothamlighting.com PAGE 1 OF 3 0 2010 -2014 Acuity Brands Lighting, Inc, All Rights Reserved Rev. 03/18/14. Specifications subject to change without notice, gotham, Phone: 866-248-6300 www.decorsusa.com salesgdecorsusaxom Decors USA LED Lighting Products These fixtures are designed for exterior ap- plications for architectural, landscaping and general lighting of Hotels, Signs, Flags., Multi- unit residential, Commercial and Government buildings, They provide vibrant accent lighting for high- else structures in crisp colors, clean clear Cool White (5000K) and natural, radiant Warm White (3200K), Energy Efficient LED Lighting offers sus- tainable cost reductions of energy expenses. _4 Model Number- DU-SQ-HW24 Model Number: DU-SQ-HWI 2 MecorsUSA, LLC 2013 Light Source-, 24x Cr I W LED lamps Power Consumptiow 32W total Ream Width, 2511 light beam Measurements: 9-3/4"L x W x 4-1/2"H Weight: 17 lbs Light Source: 12x I Cree LED lamps Power Consumption: 13W total Beam Width: 15° light beam Measurements* Weight- 13 lbs CSX1 LE® Catalog Number LED Area Luminaire (` Notes go. Type X2, A3a X4, X5 FRIENDLY Introduction (SX1'LED 60C CSX1 LED 60C 60 700 700 mA LEDs 1000 1000 MA (1 A) 40K 4000K The Contour° Series luminaires offer traditional Specifications square dayforms with softened edges for a 0.7 ft' Type III Black H versatile look that complements many applications. EPA: (0.07m') T5M TypeV J The CSX1 combines the latest in LED technology 23 -1/2" Length: (5Q7cm) L with the familiar aesthetic of the Contour® Series 18 -1/2" —I– for stylish, high - performance illumination that lasts. Width: (46.9cm) E77D Photocell - SSL twist- lock(347V)11 H It is ideal for replacing traditional metal halide 5 -7/8" Height: 1U''v �– in area lighting applications with typical energy g g pp yp S.L -.o (1`' `)cm) W savings of 65% and expected service life of over Weight 37lbs 100,000 hours. (max): 06.8k9) U1 _ �.m" n. R.n,n .� "�" �1 EXAMPLE: CSX1 LED bOC 1000 40K T3M MVOLT SPA DDBXD �� Emergency LED secondary source (2 (SX1'LED 60C CSX1 LED 60C 60 700 700 mA LEDs 1000 1000 MA (1 A) 40K 4000K T2M Type ll 50K 5000K T3M Type III Black T4M Type IV RPA T5M TypeV 1.325" TFTM Forward DLL127F1.5JU Photocell - SSL twist-lock (120- 277V)10 throw MVOLTI Toinplate 4i8 120' SPA To of Pole D1 Black mounting i'.. RPA 0.563" •L 1.325" 0.400" 2771 DLL127F1.5JU Photocell - SSL twist-lock (120- 277V)10 - . DLL347F 15 CUL JU Photocell - SSL twist- lock(347V)11 480 DLL48OF 1.5 NLJU Photocell - SSL twist- lock(480V)10 1U''v SC Shorting cap 10 S.L -.o KMA80DBXDU Mast arm mounting bracket adaptor H A Textured (specifyfinlsh)l U1 _ PUMBA DDBXD U* Round and square pole universal mount b: Emergency LED secondary source (2 Ing bracket adaptor (specify finish) V a (SXIHSU House-side shield (i adudes2shields) Q _ CSXIVGU Vandal guard accessory ;p CSXI BS Bird - deterrent spikes accessory BL30 For more control options, visit G :'. and R., *, d,' online. MVOLTI Shipped included 120' SPA Square pole 2081 Black mounting 2401 RPA Round pole controls)" mounting 2771 WBA Wall bracket 347 Shipped Separately' HS 480 SPUMBA Square pole SF Single fuse (120, 277, 347V) 6 universal dark bronze DF mounting DBLBXD Textured adaptor Dual switching I,' RPUMBA Round pole 2ELED Emergency LED secondary source (2 universal Textured mounting natural adaptor temperature) KMA8 DDBXD U Mast arm BL30 131-level switched dimming, nominal 30%1-1 mounting Textured BL50 bracketadap- white tor (specify separately 2 finish)' CSX1 shares a unique drilling pattern with the AERIS'"'family. Specify this drilling pattern when specifying poles. DM19AS Single unit OM29AS 2 at * DM208 s2 at 180* OM39AS 3 at 90' * DM49AS 4at'!90' OM32AS 3at120 *' Example: SSA 204C DM19ASDDBXD Visit Lithonia Lighting's F :ii ' ES (:EA' A:. to see our wide selection o /poles, accessories and educational tools. 'Round pole top must fie 3.25" O.D. minimum. "For round pole mounting (RPA) only. Tenon Mounting Slipfitter' lE4 »..v:Yw?r €,Ll, ut a.�E7._- }v€'vnx` 2 -3/9" AST20 -190 AST20 -280 N/A N/A NIA N/A 2 -7/9" AS125 -190 AST25 -280 N/A AST25 -320 NIA NIA 4" AST35 -190 AST35 -280 AST35 -290 AST35 -320 AST35 -390 AST35 -490 Shipped installed DDBXD Dark bronze PER NEMA twist-lock receptacle only (no controls) DBLXD Black DCR Dimmable and controllable via ROAM' (no DNAXD Natural controls)" aluminum DMG 0- 10Vdimming driver (no controls) 5 DWHXD White HS House -side shield' DDBTXD Textured SF Single fuse (120, 277, 347V) 6 dark bronze DF Double fuse (208, 240, 480V) ° DBLBXD Textured DS Dual switching I,' black 2ELED Emergency LED secondary source (2 DNATXD Textured modules) battery pack ( -20'C min. operating natural temperature) aluminum BL30 131-level switched dimming, nominal 30%1-1 DWHGXD Textured BL50 Bi -level switched dimming, nominal 50% a' white Shipped separately 2 VG Vandal guard BS Bird-deterrant spikes NOTES 1 MVOLT driver operates on any line voltage from 120 -277V (50/60 Hz). Specify 120, 208, 240 or 277 options only when ordering with fusing (SF, DF options). 2 Also available as a separate accessory; see Accessories information at left. 3 Requires "SPA" mounting option. Must be ordered as a separate accessory; see Accessories information. For use with 2 -3/8" mast arm (not included). 4 Specifies a ROAM@ enabled luminaire with 0 -10V dimming capability; PER option required. Not available with 347 or 480V. Add'I hardware and services required for ROAM@ deployment; call 1 -800- 442 -6745. 5 Not available with 347 or 480V. 6 Single fuse (SF) requires 120, 277 or 347 voltage option. Double fuse (DF) requires 208, 240 or 480 voltage option. 7 Provides 50% dimming capability via two independent drivers, each operating half the luminaire. Available with MVOLT and two light engines only. N/A with PER, DCR, DMG or 2ELED. 8 Requires an additional switched line. 9 Dimming driver standard. MVOLT only. Not available with DCR. 10 Requires luminaire to be specified with PER option. Ordered and shipped as a separate line item. If F ZJrAfV1VfA One Lithonia Way • Conyers, Georgia 30012 • Phone: 800.279.8041 • Fax: 770.918.1209 ,IOHrllval 0 2012 -2014 Acuity Brands Lighting, Inc. All rights reserved. MEGABUNKER r i iii �i i 11 MEGABLINKER BOLLARD 07, a `7 5.6020.120 0E 25W Cool White LED 6000K 24501m S.6020W -120 Sod 25W Warm White LED 3200K 19001m S.6027 -UNV zo:::= 35W G8.5 33001m 120/277V 5.6023 RECESSING BOX for MEGABLINKER 7- 5/16" x 17" Depth 6-11/16" 5.6040 -120 °oggN 25W Cool White LED 6000K 24501m S.6040W -120 Ell 25W Warm White LED 3200K 19001m S.6047 -UNV 35W G8.5 33001m 120/277V S.5310 FLANGE ACCESSORY FOR MEGABLINKER 1, O 7" flange to be fixed in concrete with i stainless steel screws for fixing in the ground. LED versions supplied with LED light source SISTEMAt 111I�j1���` �■■■ ■ ■ ■■■■ � ■■■■■�R■®■■ : ���1,•. NOME • I�riA ■ ■■ Photometric measured using COOL WHF[F LED 6000K ffill 1 ■ ■ ■MM ■ ■ ■■ KNINUM IN NOON �, :\NOi 1mMONK N . EV ) ■ ■■ mom NOW MEN mom up l /10��♦ 0 0 ■lll((l� \1111 / / ■■ DESCRIPTION Entri LED features a classic and stylish design with the added benefits of solid state lighting technology, offering outstanding uniformity and energy savings. Using Cooper Lighting's proprietary LED LightBART" technology and AccuLED Optics Entri LED offers designers vast versatility in system design, function and performance. Use Entri LED for wall mount architectural lighting applications and egress lighting requirements. UL/cUL listed for use in wet locations. SPECIFICATION FEATURES Construction HOUSING: Heavy wall, one - piece, die -cast aluminum construction for precise tolerance control and repeatability in manufacturing. Integral extruded aluminum heat sink provides superior thermal heat transfer in +401C ambient environments. Housing and heat sink are designed to offer various options for down lighting, up lighting or a combination of both up and down. FACEPLATE /DOOR: One- piece, die -cast aluminum construction. Captive, side hinged faceplate swings open via release of one (1) flush mount die -cast aluminum latch on housing side panel. Door closure and seal is ensured through a robust and positive retention bale latch which upon closing can be heard through distinct sound. GASKET: One -piece molded silicone gasket mates perfectly between the door and housing for repeatable seal. Silicone wire way plug on housing back wall seals incoming electrical leads to prevent moisture and dust entry. LENS: Uplight lens is impact- resistant, 5/32" thick tempered frosted glass sealed to housing with continuous bead silicone gasket. Downlight lens is LED board integrated acrylic over - optics, each individually sealed for IP66 rating. HARDWARE: Stainless steel mounting screws and latch hardware allow access to electrical components for installation and servicing. DIMENSIONS Optics DISTRIBUTION: Primary downlight distribution offers a choice of six (6) patented, high efficiency AccuLED Optics", that maximize light collection and directional distribution onto the application region. Each optical lens is precision manufactured via injection - molding, then precisely arranged and sealed on the board media. Optional uplight LED distribution features a diffuse soft glow for enhancing architectural scenes or accentuating structural features. LEDs: High output LEDs, 50,000+ hours life at >70% lumen maintenance, offered standard in 4000K ( +/- 275K) CCT and nominal 70 CRI. L 15 -3/4" T S -1/8" J 1400mm] 7-3/4" 1206mm] 1196mm] COOPER Lighting www.cooperligbting.com Electrical DRIVER: LED drivers are potted and heat sunk for optimal performance and prolonged life. Standard drivers feature electronic universal voltage (120- 277V/50- 60hz), greater than 0.9 power factor, less than 20% harmonic distortion and feature ambient temperature range of +40 °C (104 °F) down to minimum starting temperature of -30 °C (- 22 0F). Shipped standard with Cooper Lighting proprietary circuit module designed to withstand 10kV of transient line surge. Options to control light levels, energy savings and egress capabilities (battery pack and separate circuit) are available. All LED LightBARSTI and drivers are mounted to a primary mounting plate and are easily replaced by use of quick disconnects for ease of wiring. Mounting JUNCTION BOX: Standard with zinc - plated, quick -mount junction box plate that mounts directly to 4" J -Box. LightBARs mount facing downward. Fixture slides over mounting plate and is secured with two (2) stainless steel fasteners. Mounting plate features a one - piece EPDM gasket on back side of plate to firmly seal fixture to wall surface, forbidding entry of moisture and particulates. Optional mounting arrangements utilize a die -cast mounting adaptor box to allow for LED battery pack, surface conduit and through branch wiring. Entri LED is approved for mounting on combustible surfaces. Finish Housing is finished in 5 -stage Super TGIC polyester powder coat paint, 2.5 mil nominal thickness for superior protection against fade and wear. LightBART1 cover plates are standard white and may be specified to match finish of luminaire housing. Standard colors include black, bronze, grey, white, dark platinum and graphite metallic. RAL and custom color matches available. Consult Outdoor Architectural Colors brochure for a complete selection. Warranty Entri LED features a five -year limited warranty. CONDUIT MOUNT / BATTERY BACK BOX Y V U E O ener9Y M ENC ENTRI LED ROUND CLEAN 1 - 2 LightBARs Solid State LED ARCHITECTURAL WALL LUMINAIRE ra�x, DESIGN(IGNTS `�= CON SOB TI UNI CERTIFICATION DATA UL /cUL Listed ISO 9001 IP66 LightBARs ARRA Compliant LM79 / LM80 Compliant ENERGY DATA Electronic. LED Driver >0.9 Power Factor <20% Total Harmonic Distortion 120- 277V/50 & 60hz,347V /60hz, 480V/60hz -30 °C Minimum Temperature 40 °C Ambient Temperature Rating SHIPPING DATA Approximate Net Weight: 16 lbs. (7.3 kgs.) rtiy�e oFq�o AVU092076 2013 -02 -27 15:56:44 �. July 1, 2014 Proposed Holiday Inn Express & Suites New 93 Unit Hotel 3434 Washington Drive Eagan, MN I 'a] 2 cr136I1J IA The proposed development is located at the former Al Baker's restaurant site which was closed in January 2014. Dakota Ridge II, LLC is proposing to redevelop the site and construct a four -story, 93 unit Holiday Inn Express & Suites hotel. The project enhances the community by increasing the tax base, improving traffic safety on Washington Drive, better managing stormwater and replacement of an aged structure. No public financial assistance is being requested. We hope to start construction fall 2014 with completion and hotel opening fall of 2015. Dakota Ridge II is solely owned by Andrew Schweizer a resident of New Brighton Minnesota. Andy, through his development company, Wheelhouse Capital, has been making local commercial real estate investments over the past 15 years while successfully building a refuse and recycling hauling company in the northern Twin Cities. He recently sold the hauling company and is now focused on local real estate investment. Mike Berkopec, Andy's Business Manager, has worked with Andy since 1999 and is managing this redevelopment. In 2006, we purchased the Best Western Plus — Dakota Ridge directly adjacent to this property. The Dakota Ridge shows our commitment to maintaining quality investments in our portfolio. In 2014, we will be investing an additional $900,000 in Dakota Ridge including $200,000 in exterior upgrades. The Holiday Inn Express & Suites is fully funded assuming we meet our construction cost estimates. SITE LAYOUT & BUILDING We are excited to release to the market the latest prototype and brand standard for the Holiday Inn Express and Suites hotel group. The current Holiday Inn Express in Eagan is being rebranded to another franchise and our project is the latest in exterior and interior design from the franchise. The design is the result of an extensive and exhaustive process by IHG hotel group to give an enhanced guest experience while incorporating the best in value engineering learned over many years. The proposed hotel building is four - stories and measures approximately 65,911 square feet in size with 93 guest rooms. Amenities for the hotel include an indoor swimming pool, fitness room and breakfast area (for hotel guests only). 1 of 4 The building fagade follows the newly released brand standard architectural guidelines. After discussion with City staff we have made adjustments to the exterior facade materials beyond the preferred brand standard. These adjustments have increased our construction cost beyond recommended guidelines and have to be approved by the franchise. Proposed materials include a mixture of brick, glass, 3 colors of EIFS and a manufactured stone product. The building will have a flat roof. See included exterior elevations (sheets A201 & A202) and colored exterior elevations. We are requesting a deviation from the City standard to comply with franchise requirements and meet our construction budget. Per Zoning Code Section 11.70 — Performance Standards, Subdivision 21, Building Design Requirements are as follows: We believe changes in material type and paint provide the visual break every forty feet as per the City standard. In addition, the manufactured stone product we are using is of high quality and is often considered a class I material in many cities. After "moving" the building to all corners of the site we concluded the best location is facing and close to Washington Drive. The design highlights the front entrance for guests, allows us to minimize curb cuts and puts the majority of the parking behind the building. Traffic flow on site for guests and deliveries is also optimized. Two curb cuts are being removed from Washington Drive. SIGNAGE Following the guidelines of Zoning Code Section 11.70 — Performance Standards, Subdivision 28; we are proposing the following signage: Building Signage: The proposed locations are indicated on the exterior elevation pages. Zoning code allows up to three wall signs on up to two elevations. We are proposing one Holiday Inn Express & Suites brand standard channel letter sign on the west and north facades of the building. Each proposed sign has an area of 175 sf. The new Holiday Inn Express & Suites prototype requires a small portion (1' -0 ") to project above the roof line. We are requesting approval for this code deviation. 2 of 4 City Standard Proposed Material % SF Class I Brick 28.1% 7,213 SF Natural Stone 0% 0 SF Glass/Windows 25.6% 6,599 SF Architectural Metal 0 % 0 SF TOTAL 65% 53.7% 13,812 SF Class II Manufactured Stone 9% 2,326 SF Class III EIFS 37.3% 9,616 SF TOTAL 35% 46.3 % 11,942 SF We believe changes in material type and paint provide the visual break every forty feet as per the City standard. In addition, the manufactured stone product we are using is of high quality and is often considered a class I material in many cities. After "moving" the building to all corners of the site we concluded the best location is facing and close to Washington Drive. The design highlights the front entrance for guests, allows us to minimize curb cuts and puts the majority of the parking behind the building. Traffic flow on site for guests and deliveries is also optimized. Two curb cuts are being removed from Washington Drive. SIGNAGE Following the guidelines of Zoning Code Section 11.70 — Performance Standards, Subdivision 28; we are proposing the following signage: Building Signage: The proposed locations are indicated on the exterior elevation pages. Zoning code allows up to three wall signs on up to two elevations. We are proposing one Holiday Inn Express & Suites brand standard channel letter sign on the west and north facades of the building. Each proposed sign has an area of 175 sf. The new Holiday Inn Express & Suites prototype requires a small portion (1' -0 ") to project above the roof line. We are requesting approval for this code deviation. 2 of 4 Elevation Wall Area Signage Standard Signage Proposed West 9,254 sf 20% 1,850 s 1.9% 175 s North 3,275 sf 20% 655 s 1.9% 175 s Site Signage: Zoning code allows the use of up to one ground sign OR one pylon sign. We are proposing one ground sign AND one pylon sign. We are requesting this deviation for City code mainly to provide clear traffic direction for our guests. The ground sign will be located near the NW corner of the property. This sign will be a Holiday Inn Express & Suites brand standard internally illuminated ground type sign and will have a brick masonry base. The proposed sign will be 7' maximum overall height and is approximately 20 sf of sign area per side. The pylon sign will be located near the SE corner of the property, perpendicular to Pilot Knob, to identify the hotel primarily from 1 -35E. This sign will be a Holiday Inn Express & Suites brand standard internally illuminated ground type sign. The proposed sign will be 27' maximum overall height and is approximately 102 sf of sign area per side. Examples of all signs are attached following this narrative. PARKING & SETBACKS 1) Required stalls: 105, Proposed stalls: 119 2) Setbacks parking, aisle and driveways: Area City Standard Proposed Front Yard west 20' -0" 12' -10" Deviation front yard — matches existing curb location Side Yard north 5' -0" 17' -0" Side Yard (south) 5' -0" 6'& 16' Rear Yard east 20' -0" 5' -5 "± Deviation rear yard — Better than current curb location which would be inside the new ROW by 1' -4 ". We are giving 20 feet of additional ROW easement for Pilot Knob road. STORMWATER MANAGEMENT The proposed layout decreases the current impervious surface coverage by 8 %±. If the site is not redeveloped as proposed, stormwater will continue to flow directly offsite. We are proposing on -site management that complies with the current City standard. Refer to civil drawings for proposed stormwater management design. PLANNED UNIT DEVELOPMENT & REPLAT We are proposing to combine four parcels into one which will cleanup several easement, zoning and miscellaneous property issues. Using the planned development process two parcels currently zoned LB will need to be rezoned to PD. The other two parcels are currently zoned PD and will require a PD amendment. Finally, the use is changing from restaurant to hotel. 3 of 4 Surrounding land uses include the Best Western hotel, gas stations, numerous office buildings and strip malls with multiple retail tenants. Zoning of the surrounding parcels is mostly PD with GB & RD nearby. The proposed rezoning to PD and amendment to the existing PD is consistent with the adjacent zoning in the area. The addition of a 4 story hotel will enhance the surrounding businesses by providing additional lodging to the adjacent office buildings, as well as bringing additional traffic to the nearby retail tenants. TREE PRESERVATION & MITIGATION The current site condition is 27 plus mature ash trees mostly in poor condition. An existing tree inventory has been completed and it has been determined that there are 6 `significant' trees on the site. Redevelopment will fix the looming EAB problem and comply with City tree preservation and mitigation guidelines. Refer to the tree preservation plan and landscape plan for further details. UNDERLYING ZONING Through conversation with City staff, it was determined that the Community Shopping Center District (CSC) would be the underlying zoning to be used as a basis for all site and building standards. Per Zoning Code Section 11.60 — Use Districts and Overlays, Subdivision 13, site standards are as follows: 1) Hotels are a permitted conditional use. 2) Deviation: Minimum green space coverage is 30 %; the proposed development is at 24 %. This is below the minimum requirement but an improvement of 8% over the existing green space. 4 of 4 REQUIRED PROPOSED Zoning District Area 5 acres 2.62 acres (gross area) 2.51 acres net area Lot Width 100 feet 330 feet ± Setback from Public Right of Way Washington Drive (west) 30 feet 37 feet ± (canopy) 74 feet ± (building) Pilot Knob Road east 50 feet 253 feet ± Side Yard Setback 10 feet 89 feet ± (south) 22 feet ± north Rear Yard Setback 10 feet 47 feet ± Structure Height max. 35 feet 464" ± Green Space 30% 24% Building Cover max. 30% 13% 1) Hotels are a permitted conditional use. 2) Deviation: Minimum green space coverage is 30 %; the proposed development is at 24 %. This is below the minimum requirement but an improvement of 8% over the existing green space. 4 of 4 C O U N T Y Dakota County Surveyor's Office Western Service Center 14955 Galaxie Avenue • Apple Valley, MN 55124 952.891 -7087 Fax 952.891 -7127 • www.co.dakota.mn.us June 30, 2014 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: DAKOTA RIDGE SECOND ADDITION The Dakota County Plat Commission met on June 30, 2014, to consider the preliminary plan of the above referenced plat. The plat is adjacent to CSAH 31, and is therefore subject to the Dakota County Contiguous Plat Ordinance. The proposed site needs to show restricted access along the western portion of the 20 -foot dedication area for CSAH 31. A quit claim deed to Dakota County for restricted access is required at the time of recording the plat mylars. The Plat Commission has approved the preliminary and final plat, provided that the described conditions are met, and will recommend approval to the County Board of Commissioners when the plat is submitted in signed mylar form. Mylars should be submitted to the County Board within one year of the Plat Commission's final approval. Traffic volumes on CSAH 31 are 25,500 ADT and are anticipated to be 47,000 ADT by the year 2030. These traffic volumes indicate that current Minnesota noise standards for residential units could be exceeded for the proposed plat. Residential developments along County highways commonly result in noise complaints. Ih order for noise levels from the highway to meet acceptable levels for adjacent residential units, substantial building setbacks, buffer areas, and other noise mitigation elements should be incorporated into this development. No work shall commence in the County right of way until a permit is obtained from the County Transportation Department and no permit will be issued until the plat has been filed with the County Recorder's Office. The Plat Commission does not review or approve the actual engineering design of proposed accesses or other improvements to be made in the right of way. The Plat Commission highly recommends early contact with the Transportation Department to discuss the permitting process which 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, 7x Todd B. Tollefson Secretary, Plat Commission c: