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07/05/2016 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING JULY 5, 2016 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS A. RECOGNIZE two area businesses for their part on the restoration of Eagan's first Fire Truck 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 Contracts E. ACCEPT donation from Eagan Hockey Association for dry land training equipment F. APPROVE in-kind partnership with Art Works Eagan on Metropolitan Regional Arts Council grant application G. PROHIBIT Parking on Donald Ave (east side, from Yankee Doodle Road to 150 feet north) H. SCHEDULE a Public Hearing to Consider Variances to Parking Lot Setbacks I. APPROVE Cooperative Construction & Maintenance Agreement with MN Department of Transportation (TH 55 & Beverly Drive) J. APPROVE Traffic Signal Agreement with MnDOT & Dakota County (TH 77 & Diffley Road — East & West Ramps) Project 1213 K. APPROVE Cost Share, Operation and Maintenance Agreement with Mount Calvary Lutheran Church (3920 Rahn Road) L. AMEND PURCHASE AGREEMENT, Outlot I, Gopher Eagan Industrial Park 2nd Addition M. APPROVE Energy and Environment Advisory Commission recommendation to accept a City Resolution for pollinator friendly environments per the Energy and Environment Advisory Commission 2015/2016 Work Plan V. PUBLIC HEARINGS VI. OLD BUSINESS VII. NEW BUSINESS A. CONDITIONAL USE PERMIT -3803 Blackhawk Ridge Road/ Jeff Dierberger-A Conditional Use Permit to exceed 25% impervious surface coverage in a Shoreland Overlay District located at 3803 Blackhawk Road B. PLANNED DEVELOPMENT AMENDMENT— Easter by the Lake -A Planned Development Amendment to allow for a future building and parking located at 4545 Pilot Knob Road C. CONDITIONAL USE PERMIT- Prestige Preschool Academy - A Conditional Use Permit to allow a daycare in a Limited Business Zoning District located at 4150 Knob Drive D. CONDITIONAL USE PERMIT—Matheson Tri -Gas - A Conditional Use Permit to allow outdoor storage of compressed and liquefied gases, outdoor parking of tractor, trailers and trucks and accessory buildings for storage located at 3191 Mike Collins Drive VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY A. CALL TO ORDER B. ADOPTAGENDA C. CONSENTAGENDA 1. APPROVE EDA Minutes 2. ADOPT resolution to authorize staff to acquire Lot 1, Block 1, Cedar Grove Parkway 4th Addition D. OLD BUSINESS E. NEW BUSINESS F. OTHER BUSINESS G. ADJOURN X. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development XI. VISITORS TO BE HEARD (for those persons not on the agenda) XII. CLOSED SESSION XIII. ADJOURNMENT 4b� City of Eap Memo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR OSBERG DATE: JUNE 30, 2016 SUBJECT: AGENDA INFORMATION FOR JULY 5, 2016 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the July 5, 2016 City Council agenda, the following items are in order for consideration. Agenda Information Memo July 5, 2106, Eagan City Council Meeting RECOGNITIONS AND PRESENTATIONS A. Recognize two area businesses for their part on the restoration of Eagan's first Fire Truck. Facts: ➢ Eagan's first fire truck is a 1942 Chevrolet which was purchased by Eagan in 1963. The truck was named Jenny BY THE Charter Firefighters. ➢ Prior to becoming Eagan's first fire truck, Jenny served as a United States Army Fire Truck protecting the ammunitions plant in Rosemount during World War II. ➢ Jenny served the community as an active fire truck until approximately 1980 at which time she was retained as a parade vehicle and active piece of Eagan's History. ➢ Over the past 36 years Jenny has made many appearances at community events including the annual Fourth of July celebration. ➢ In 2015 Jenny's 1942 manual transmission finally gave out. The estimated cost to repair the transmission was so extensive that the initial plan was not to repair the truck and to put it on permanent display at the Fire Safety Center. In late 2015 the Fire Department was contacted by Dan Sjolseth who is the owner of Superior Service Center in Eagan. Dan and Superior Service Center had completed a total restoration of Jenny's apparatus body in 2010. Dan was very interested in making sure Jenny was repaired to continue to make those public appearances. Dan enlisted the help of Scott McClure who is the owner of St. Paul Automotive to assist with the restoration project. Over the past 9 months with the City paying for the parts, Dan and Scott have provided much of the labor to provide Jenny with a new engine, transmission and exhaust system to help ensure that Jenny will continue to part of Eagan's living history for many more years. ➢ Dan Sjolseth and Scott McClure will be intendance at the meeting to be recognized. ➢ Jenny will be on display prior to the Listening Session in the upper parking lot and prior to the Council Meeting near the main public entrance. Agenda Information Memo July 5, 2016 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. Approve Minutes Action To Be Considered: To approve the minutes of June 14, 2016 Special City Council meeting and the June 21, 2016 regular City Council meeting as presented or modified. Attachments: (2) CA -1 June 14, 2016 Minutes CA -2 June 21, 2016 Minutes MINUTES SPECIAL CITY COUNCIL MEETING JUNE 14, 2016 5:30 P.M. EAGAN MUNICIPAL CENTER City Councilmembers present: Mayor Maguire, Bakken, Hansen and Tilley. Councilmember Fields arrived at 5:46 p.m. City staff present: City Administrator Osberg, Assistant City Administrator Miller, Public Works Director Matthys, Director of Parks and Recreation Pimental, Director of Community Development Hutmacher, City Planner Ridley, Director of Communications Garrison and, Finance Director Pepper. ROLL CALL AND ADOPTION OF THE AGENDA Councilmember Hansen moved, Councilmember Bakken seconded a motion to adopt the agenda as presented. Aye:4 Nay:0 VISITORS TO BE HEARD There were no visitors to be heard. JOINT MEETING WITH THE ADVISORY PLANNING COMMISSION Community Development Director Hutmacher introduced the item noting the Advisory Planning Commission and staff are looking for Council discussion and direction regarding the role Eagan Forward outcomes may play in the 2018 Comprehensive Plan Update. Hutmacher noted the Minnesota State Statutes requires that metropolitan communities update their comprehensive plans every ten years. The 2018 update, also known as the 2040 Comprehensive Plan, must be submitted for Metropolitan Council review by December 31, 2018. She further explained that staff intends to work with a consultant this year and next to complete the updated document by the end of 2017 to allow ample time for external review during the first half of 2018. Hutmacher noted the Comprehensive Plan is a tool for the City to communicate its high-level aspirational goals and some of those may come out of the Eagan Forward effort. She noted themes emerging from Eagan Forward that could be integrated into the 2040 Comprehensive Plan include: redevelopment, housing, innovation and creativity, and transportation. The City Council, Advisory Planning Commission and staff discussed the key themes and related Eagan Forward strategies. The City Council provided direction on goals and outcomes of Eagan Forward to be included in the 2018 Update. Specifically, Community Development Director Hutmacher clarified with the Council the following policy questions: 1. To capture the momentum of Eagan Forward to increase public engagement in the comprehensive planning process? The Council agreed. 2. To use the 2040 Comprehensive Plan as an implementation tool for some of the larger themes addressed in Eagan Forward? The Council agreed. Special City Council Minutes June 14, 2016 Page 2 Hutmacher summarized the Council's general support of certain high-level Eagan Forward themes being included in the comprehensive plan update process and acknowledged that other Eagan Forward outcomes or strategies may or may not be appropriate for the comprehensive plan and would need further Council discussion. She also stated staff intends to schedule check -ins with the City Council at various times during the comprehensive plan update process. The City Council thanked the Advisory Planning Commission for participating in the discussion and for all of their work fleshing out issues and concerns each month at their regular meetings. The Council took a 10 minute break. EAGAN FORWARD STUDY ACTION TEAM UPDATES Assistant City Administrator Miller introduced the item noting Eagan Forward launched in January of this year, and since then, eight community study action teams have been hard at work responding to the strategies set forth in the plan. Approximately 100 residents and community stakeholders have participated in the study action teams over the past four months. Each team has been asked to identify WIGS, or Wildly Important Goals. The following Teams Leaders gave their presentations to the Council: • Team Leader Marianne Fletcher representing Team #1— Keeping Seniors Engaged. • Team Leader Stephanie Cook representing Team #2 — Invest in Amenities that Appeal to Millennials and Baby Boomers. • Team Leader Anita Pagey representing Team #3 — Becoming a Welcoming Community. • Team Leaders Tracy Walker and Sujit Maharana representing Team #4 — Invest in Additional Amenities for Families and School -Aged Children. • Team Leader Jerri Neddermeyer representing Team #5 — Invest in an Eagan Makerspace. • Team Leader Sheila Bayle representing Team #6 — Develop an Economic Strategy to Strengthen Eagan Arts and Cultural Sector. • Team Leaders Juliet Parisi and Wanda Borman representing Team #7 — Invest in a Community Art Center. • Team Leader Jodi Roth representing Team #8 — Attract New Restaurants and Retail. Each Councilmember provided feedback about the initiatives that especially resonated with them, noting additional guidance or expectations would be to work together to find areas of similarity, use that to find the market from within the community that will drive and sustain the use. Councilmembers were comfortable with some teams concluding their work now, others continuing their efforts through the end of the year, and other teams joining forces to consolidate talent and interests to advance particular goals. 2017 BUDGET UPDATE City Administrator Osberg noted in late April, staff began the 2017 budget process. Department Directors are currently preparing the 2017 budget proposals. The General Fund, Public Utilities and Recreation facilities proposals were submitted on June 1. Osberg noted the recommended budget is scheduled to be presented to the City Council for detailed review at the August 8, 2016 Special City Council meeting. Special City Council Minutes June 14, 2016 Page 3 Finance Director Pepper was available for questions. There was no other business to be heard. OTHER BUSINESS ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn at 9:40 p.m. Aye:S Nay:O Date Mayor City Clerk MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota JUNE 21, 2016 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, Hansen and Tilley. A regular meeting of the Eagan City Council was held on Tuesday, June 21, 2016 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire and Councilmembers Bakken, Fields, Hansen and Tilley. Also present were City Administrator Osberg, Assistant City Administrator Miller, Communications Director Garrison, Finance Director Pepper, Director of Community Development Hutmacher, City Planner Ridley, Director of Public Works Matthys, Director of Parks and Recreation Pimental, Police Chief McDonald, City Attorney Dougherty, and Executive Assistant Stevenson. AGENDA City Administrator Osberg suggested moving the Economic Development Authority Agenda after the Consent Agenda leaving the only remaining item under New Business. All Councilmembers were in favor. Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve the agenda as amended. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATION There were no recognitions and presentations. CONSENT AGENDA Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Consent agenda as presented: Aye: 5 Nay: 0 Mayor Maguire pulled Item J. —To accept a donation from the Eagan Lion's Club in the amount of $10,000 for the Fire Department, for further comment. He thanked the Eagan Lion's Club for the donation and for all they do in the community. A. It was recommended to approve the minutes of June 7, 2016 regular City Council meeting as presented. B. Personnel Items: 1. It was recommended to approve accept the retirement notice of Richard Nelson, Full Time Utility Water Production Worker and authorize replacement of the vacancy created. 2. It was recommended to authorize the status change of Jeannette Nelson from part time to regular full time. 3. It was recommended to authorize temporary office support to Parks & Recreation. 4. It was recommended to approve the transfer of Greg Tracy from Full Time Utility Worker to Full Time Production Utility Worker. 5. It was recommended to approve the transfer of Jeffrey Tisor, from Full Time Field Utility Worker to Full Time Production Utility Worker. City Council Meeting Minutes June 21, 2016 2 page 6. It was recommended to authorize the hiring of Tom Rishel, seasonal utility worker, for the replacement of a Field Utility Worker position created by the transfer of Jeffrey Tisor to Production Utility Worker. 7. It was recommended to authorize recruitment and replacement of a Field Worker position created by the transfer of Greg Tracy to Production Utility Worker. C. It was recommended to ratify the check register dated May 27, June 3 and 10, 2016 as presented. D. There were no contracts to consider at this time. E. It was recommended to approve a Joint Powers Agreement between the City and the DNR for the provision and installation of a fishing pier on Fish Lake within Fish Lake Park and also the required Resolution confirming City support for the project. F. It was recommended to authorize the modification of the fee schedule to help make available more time for smaller rentals at the Eagan Community Center on Fridays and Saturdays within 90 days of the date of rental. G. It was recommended to approve a resolution to accept a grant from the Farmer's Market Coalition of $2,000 plus program supplies for Eagan Market Fest and direct the Mayor and City Clerk to sign the appropriate document. H. It was recommended to adopt a resolution authorizing the Chief of Police to sign a Master Subscriber Agreement for authorized personnel to access data through the court system. I. It was recommended to approve an agreement for legal services between the City of Eagan and Campbell Knutson, PA for prosecuting legal services. J. It was recommended to approve a resolution to accept a donation from the Eagan Lion's Club in the amount of $10,000 for the Fire Department and authorize the necessary budget adjustment. K. It was recommended to approve the Fire Departments revised Standard Operating Procedures Manual for implementation. L. It was recommended to approve the Joint Powers Agreement for Dakota County Domestic Preparedness Committee. M. It was recommended to approve an amendment to an existing Joint Powers Agreement with the State of Minnesota, which will allow the City to continue seeking reimbursement for investigative overtime, training and equipment related to crimes committed over the internet. N. It was recommended to approve a resolution appointing absentee ballot board judges and designating them as deputy city clerks for the purpose of administering the August 9, 2016 Primary. 0. It was recommended to approve a resolution appointing election judges for the August 9, 2016 Primary. P. It was recommended to approve a temporary on -sale liquor license and waive the license fee for the Eagan High School Boys' Hockey Booster Club on July 16, 2016 at 3870 Pilot Knob Road.: Q. It was recommended to approve a temporary on -sale liquor license and waive the license fee for Faithful Shepherd Catholic School's Septemberfest on September 16-18, 2016 at 3355 Columbia Drive. R. It was recommended to approve a Sound Amplification Permit and a Permit Fee Waiver for an outdoor event with electronic sound system/audio equipment use after 10 p.m. on September 17, 2016, located at 3355 Columbia Drive. S. It was recommended to approve Change Order No. 1 to Contract 16-02 (Citywide Street Improvements) and authorize the Mayor and City Clerk to execute all related documents. T. It was recommended to approve Change Order No. 1 to Contract 16-18 (Central Maintenance Facility— Fuel System Improvements) and authorize the Mayor and City Clerk to execute all related documents. City Council Meeting Minutes June 21, 2016 3 page U. It was recommended to approve the final payment for Contract 16-18 (Central Maintenance Facility — Fuel System Improvements) in the amount of $35,493.87 to Pump and Meter Service, Inc. and accept the improvements for perpetual City maintenance subject to warranty provision. V. It was recommended to approve the plans and specifications for Contract 16-21 (Central Area Street Light Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, July 28, 2016. W. It was recommended to approve the plans and specifications for Contract 16-23 (Country Hollow Lift Station Rehabilitation — Sanitary Sewer Improvements) and authorize the advertisement for a bid opening to be held at 11:00 a.m. on Thursday, July 14, 2016 at the Utilities Administration building located at 3419 Coachman Point, Eagan, MN. X. It was recommended to direct the City Attorney to prepare an Ordinance Amendment to Section 3.20, Rules and Regulations Relating to Water Service for further consideration regarding the development of a Cross -Connection Control Plan that may require compliance with a mandatory inspection program, including related corrective work orders and enforcement measures with possible surcharges. Y. It was recommended to authorize a letter of support to the City of Burnsville for a Regional Solicitation federal funding application for trail improvements along Cliff Road (CSAH 32) from TH 13 to Cinnamon Ridge Trial. Z. It was recommended to approve a Change Order No. 2 to Contract 15-15 (Yankee Doddle Road/Promenade Avenue and Yankee Doodle Road/O'Leary Lane — Intersection Improvements), and authorize the Mayor and City Clerk to execute all related documents. AA. It was recommended to approve a Final Subdivision (Wilderness Run 4 t Addition) to create 2 lots upon approximately 1.8 acres located at 4365 Capricorn Court. BB. It was recommended to approve an extension to the Final Subdivision approval for property located at 510 Lone Oak Road. CC. It was recommended to direct preparation of an ordinance amendment to City Code Chapter 11 regarding temporary family dwellings. DD. It was recommended to approve the Joint Powers Agreement with Dakota County for the Dodd Road Fiber Project. EE. It was recommended to approve a resolution to accept donations generated at the 1914 Historic Town Hall open house. FF. It was recommended to adopt a resolution approving an Exempt Permit for St. John Neumann Catholic Church to conduct a raffle on August 14, 2016 at 4030 Pilot Knob Road. GG. It was recommended to amend the City Council minutes for April 5, 2016, as they pertain to the Cedar Grove Transit Station. There were no public hearings to be heard. PUBLIC HEARINGS OLD BUSINESS There were no old business items to be heard. City Council Meeting Minutes June 21, 2016 4 page NEW BUSINESS Comprehensive Guide Plan Amendment, Rezoning, Preliminary Planned Development, Preliminary Subdivision and Feasibility Report — MV Eagan Ventures, LLC City Administrator Osberg introduced the item noting there are five actions the Council is being asked to consider: a Comprehensive Land Use Guide Plan Amendment from Special Area -Major Office to Special Area -Mixed Use upon approximately 200 acres, a Rezoning from Agriculture to Planned Development upon approximately 44 acres, a Preliminary Planned Development to establish an approximately 200 acre multi-building/multi-use development, a Preliminary Subdivision to create three lots and three outlots upon approximately 200 acres, and the Feasibility Report for Project 1225 MV Eagan Ventures LLC streets and utility improvements. City Planner Ridley gave a staff report and provided a site map. Public Works Director Matthys briefly introduced the Feasibility Report for Project 1225. Kevin Warren, Minnesota Vikings, noted the project will bring excitement and interaction to the area bringing a live, work, play environment. David Murphy, Crawford Architects, gave a presentation that walked through the detailed plans of the project and each of the proposed districts. Representatives from the Minnesota Vikings were present and available for questions. The Council discussed the development. Mayor Maguire opened the public comment. Joe and Linda Retterrath, 810 O'Neill Drive, stated concern for their privacy regarding the height and proximity of the buildings. Julie Manworren, President/CEO of Living Well Disability Services, 680 O'Neill Drive, stated her excitement about the development now and as the mixed-use development progresses over the next decade. Thomas O'Neill stated he was supportive of the Vikings development, but noted his concern regarding well drilling. Vicki Stute, President Dakota County Regional Chamber of Commerce, stated support for the development and noted the Chamber is very excited to welcome the Vikings to Eagan. There being no further public comment, Mayor Maguire turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to implement a Comprehensive Land Use Guide Plan Amendment from Special Area -Major Office to Special Area -Mixed Use upon approximately 200 acres generally located south of 1-494 and east of Highway 149. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Rezoning from A, Agriculture, to PD, Planned Development, upon approximately 44 acres generally located at 720 O'Neil Drive. Aye: 5 Nay: 0 Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Preliminary Planned Development to establish an approximately 200 acre multi-building/multi-use development City Council Meeting Minutes June 21, 2016 5 page generally located south of 1-494 and east of Highway 149, subject to the following conditions as amended: Aye:5 Nay:0 1. A Preliminary Planned Development Agreement for a term of 15 years shall be executed and recorded against the property at the Dakota County Recorder's office. The Preliminary PD Agreement shall contain the following plans: ■ Preliminary Site Plan ■ Preliminary Signage Plan 2. A Final Planned Development Agreement shall be required for each lot as it develops. The following plans are required for the Final Planned Development Agreement. Final Site Plan ■ Final Building Elevations Final Landscape Plan ■ Final Signage Plan ■ Final Lighting Plan ■ Final Amenities Plan 3. The property shall be platted. 4. All residential development within the site shall be designed and constructed as shared- entrance buildings. 5. All building construction within the proposal area shall incorporate construction methods and techniques that reduce interior noise impacts from airport noise in accordance with the Metropolitan Council's 2030 Transportation Policy Plan and City Code Section 11.64 pertaining to the Aircraft Noise Zone Overlay District. 6. The revised MV Northeast Eagan Development Design Guidelines (the "Guidelines"), received on March 30, 2016, are adopted by reference to establish the development framework for Land Use, Architecture, Green Infrastructure, Public Realm, Street and Roadways, Lighting and Signage. To the extent of any inconsistency between the Guidelines and the Conditions herein, the Conditions shall control. 7. The developer shall provide cross parking easements and a comprehensive parking/special events agreement in a form acceptable to the City Attorney. Such agreement shall include a requirement that the developer participate financially in the traffic management strategies necessary to accommodate future events within the development, including events at the stadium and practice facility. 8. Ingress -egress easements shall be provided to ensure all parcels have access to a public street. Such easements shall be in a form acceptable to the City Attorney. 9. All buildings shall present an attractive appearance on all sides with similar architectural features and materials as the front/entry sides of the buildings. 10. Final Planned Development Site Plans shall include the parking island calculation summary within the individual parking area(s) or in the plan sheet legend. 11. Cart corrals shall be shown on the Final Site Plan(s). All cart corrals shall be a permanent installation, and no advertising signage shall be placed on the corrals. 12. Overnight storage of carts outside or in the cart corrals is not permitted. All carts shall be collected each day and stored within the building overnight; indoor storage area for carts shall be provided. 13. Outdoor storage for up to three commercial vehicles is allowed for each commercial building. Such vehicles must fit in a standard parking stall and the designated parking stalls shall be identified on the Site Plan at the time of Final Planned Development. 14. The Signage MasterPlan provides bulk standards for size and setbacks for the general overall site freestanding signage; all other building and freestanding future phase, site specific, signage shall City Council Meeting Minutes June 21, 2016 6 page meet Sign Ordinance standards. The development monument sign at the intersection of Dodd Road and Northwest Parkway shall be eliminated. 15. Outdoor patio dining shall meet City Code requirements of Sec. 11.70, Subd. 29. For each outdoor dining area, a detailed patio seating plan should be provided at the time of Final Planned Development. 16. Trash and recycling containers shall be stored within the principal building or in an enclosure attached to the building that meets the design standards in the City Code, and be constructed of the same finish materials as the principal buildings. 17. All mechanical equipment, both roof and ground mounted, shall be screened in accordance with City Code standards. All equipment and proposed screening shall be shown and identified on the Final Building Elevations and/or Site Plan drawings at the time of Final Planned Development. 18. Each Final Landscape Plan shall include specifications that include a note that the root ball be set flush with grade with the root flare visible 1-2" above grade. Additionally, the plan shall note mulch shall not be in contact with the trunk of the tree. 19. Screening of the player/coaches parking area from O'Neill Drive shall be enhanced by adding a 3' tall evergreen shrub hedge or knee wall. 20. All landscaped areas shall be provided with automatic irrigation in compliance with City Code requirements. 21. A financial guaranty for landscaping and tree mitigation shall be provided at the time of Final Subdivision, in accordance with City Code provisions. 22. To ensure that tree mitigation is properly addressed as a phased development, the developer shall enter into a Tree Preservation/Mitigation Agreement, in a form acceptable to the City Attorney. 23. A blue or other industry standard recycling receptacle shall be placed directly next to all trash receptacles in the common areas of the development. Uniform labels on receptacles and lids will indicate recycling or trash and will specifically identify the types of items accepted in each container. 24. Pedestrian crossings of drive lanes shall be visually and/or texturally offset through use of a different pavement material. 25. Per the Design Guidelines, a cohesive consistent design shall be provided for all free- standing signs. 26. All building signage shall be consistent in design, per City Sign Code standards, while accommodating the unique identifiers of individual tenants including colors, script and logos. 27. Building architecture shall be considered prior to sign placement so that sign placement is in keeping with the architectural features of the building. 28. Details on the design and placement of directional signs shall be provided with the Final Planned Development. The directional sign structures shall be located so as not to interfere with visibility, vehicular or pedestrian circulation or snow storage. 29. Building elevations shall be submitted for all buildings at the time of Final Planned Development. Buildings for which Preliminary Elevations were not provided shall utilize the Design Guidelines palette of materials and consistent architectural features presented for the specific District. 30. 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. 31. The developer shall provide hydrant spacing and locations in accordance with City Fire City Council Meeting Minutes June 21, 2016 7 page Department and Public Works standards. 32. The developer shall provide a plan to be approved by staff including development -owned vault(s) at an entry point(s) to the premises and a conduit system to provide fiber optic to all buildings in the development. The conduit system shall utilize a multi -partitioned inner duct system, or other comparable means, to accommodate multiple fiber optic service providers in the future. 33. The developer shall enter into a trail easement agreement per the Sidewalk and Trails Plan (Plan Sheet L100), in a form acceptable to the City Attorney to provide public right- of -way or trail easement of sufficient size for any public trails constructed outside the current right-of-way limits. 34. The developer shall enter into a park and trail agreement per the Parks and Open Space Plan (Plan Sheet L200), in a form acceptable to the City Attorney, to ensure that the dedication of park and trails is completed as the development proceeds in further phases. 35. The developer shall provide building address numbers per Section 2.78 of the City Code. 36. Corporate partner or naming rights sponsor signage shall be limited to 20% of the sides of the IPF and integrated graphics/projection mapping signage on the IPF shall not be subject to the 20% restriction. 37. Integrated graphics/projection mapping signage shall be subject to a Sign Agreement between the City and the Vikings in a form acceptable to the City Attorney. 38. Only two other building permits shall be issued for any property other than Lot 1, Block 1 until above -ground physical construction has begun on the Vikings' Headquarters facility. 39. Developer may not commence construction of any residential units on any land located North of Northwest Parkway until Developer commences construction of a conference center hotel on the Property containing at least 100 guest rooms, 10,000 square feet of event space, 10 breakout/conference.rooms, a ballroom with capacity for at least 500 people and a full service sit- down restaurant ("Conference Center Hotel"). Developer shall cooperate with the City of Eagan's Convention and Visitor's Bureau to develop the scope of and undertake a feasibility study examining the market and financial feasibility, without subsidy, of each of, and the combined, hotel and conference center components of the Conference Center Hotel on or before April 1, 2017 and report quarterly, until three years have passed from the issuance of a Certificate of Occupancy for the Vikings' Headquarters facility, as to Developer's efforts and progress toward constructing a Conference Center Hotel. If the feasibility study demonstrates that development of the Conference Center Hotel is not feasible, in any respect, this condition is waived. In any event, this condition automatically expires on April 1, 2023. 40. The developer shall be responsible for all relevant mitigation strategies included within the Mitigation Plan dated May 27, 2016, associated with the Final Alternative Urban Area -wide Review (AUAR) for the Minnesota Vikings Headquarters and Mixed Use Development in accordance with the City's determination of responsibility. The developer shall contribute $4000/net developable acre into an escrow fund to address their responsible cost of transportation improvements included in said mitigation strategies. The developer shall enter into an escrow agreement in a form acceptable to the City Attorney and provide the required deposit prior to Final Subdivision approval/release of the plat for recording. Any unused amount will be returned to the payers within 10 years of full development of the properties within the study area. 41. The developer shall be responsible for the cost of all updates to the Final Alternative Urban Area -wide Review (AUAR) for the Minnesota Vikings Headquarters and Mixed Use Development. Updates are required every five years until the completion of the development. 42. The developer shall be responsible for the cost of preparing and implementing an event travel demand management plan (TDMP) to identify management strategies for events of various sizes including traffic operations, parking and circulation. Events could include use of the outdoor City Council Meeting Minutes June 21, 2016 8 page stadium, indoor practice facility and outdoor practice fields by the Vikings as well as local community sporting or entertainment events. Implementation costs may include city or contractual labor and material to address a combination of turn restrictions, counter -flow operations, traffic signal overrides, supplemental static and dynamic signage, transportation (bussing) and event management staff to override operations at some intersections. Mayor Maguire moved, Councilmember Hansen seconded the motion to approve a Preliminary Subdivision (Northeast Eagan Development) to create three lots and three Outlots upon approximately 200 acres located in the north %2 of Section 1, generally located south of 1-494 and east of Highway 149, subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on July 1, 2014: Al, 131, B2, B3, B4, C1, C2, D1, E1, F1, G1, H1 and 11. 2. The property shall be platted. 3. Ingress -egress easements shall be provided to ensure all parcels have access to a public street. Such easements shall be in a form acceptable to the City Attorney. 4. 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. 5. All well and septic systems within the development should be abandoned in accordance with City and County standards. 6. The developer shall meet all requirements of Minn. Rules Ch. 8420 and City Code §11.67 regarding and a proposed wetland replacement plan. 7. The developer shall meet the City's Post Construction Stormwater Management requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1" Volume Control on the site's new and fully- reconstructed impervious surface area (including effective soil remediation for the site's disturbed soils that are to be revegetated). 8. The developer shall provide adequately sized pre-treatment (e.g. 4' sump with scour protection and skimmer hood, inlet filter structure, etc.) at, or immediately upstream of, all stormwater management facility (e.g. infiltration basin) inlets to provide for effective capture and easily - accessible cleanout of fine -sand sized particles and floatable pollutants. Details shall be included in applicable plan sheet(s). 9. The developer shall provide clear plans and details on how impervious surface runoff will enter proposed infiltration basins (e.g. curb -cuts, catch-basin/piping, etc.), specifically on Utility Plan and other appropriate plan sheets at all proposed individual drainage areas (e.g. P -Park -W1, P -Park - W2, P -Park -E, P-OutSyn, etc). 10. The developer shall provide unobstructed maintenance equipment access paths (without obstructions from grading, private utilities, trees/branches, large shrubs, etc.), from pavement - edge to all surface stormwater facilities' inlets/outlets. The unobstructed equipment access path shall be capable of fully supporting typical maintenance equipment, for periodic maintenance access to the surface storm water facilities and verify that Landscape Plans do not conflict with this access requirement. 11. Prior to receiving city approval to permit land disturbing activity, the developer shall provide the City with soil boring logs from a minimum of four soil -borings within any proposed infiltration City Council Meeting Minutes June 21, 2016 9 page basin area, extending a minimum of 10' below the bottom of the proposed infiltration feature, to evaluate and ensure suitability for infiltration. If the soil boring logs indicate incompatibility of existing sub -soil permeability with the submitted and reviewed design plans for meeting volume control requirements, the developer shall revise the design and/or construction plans (e.g. over- excavation/soil-amendment depth, etc.) and/or follow Permissible Alternative Stormwater Volume Control Designs process if determined appropriate by the City Engineer, to ensure volume control requirements are fully met. 12. Prior to receiving city approval to permit land disturbing activity, the developer shall provide construction details of the proposed infiltration/filtration systems for City review/acceptance by the City Engineer and include in construction plans. Construction details shall include infiltration/filtration basin cross-section(s), construction sequencing/protection/restoration notes, sizing/volume tables, details for stable inlets/outlets/emergency overflows, details for pre- treatment, unobstructed inspection/maintenance access areas to inlets/outlets, soil amendment criteria, live planting, seeding & permanent erosion -control details, etc., to ensure infiltration/filtration practice is properly designed, constructed, planted, and adequately protected during / after construction to prevent clogging, and able to be properly maintained (e.g. unobstructed equipment access, etc.) to function as intended. These graphical details and notes shall be prominently included in all applicable plan sheets (e.g. Erosion & Sediment Control Plan, Grading Plan, Utility Plan, Landscape Plan, Details, etc.). 13. Prior to receiving city approval to permit land disturbing activity, the developer shall provide detailed Soil Management Strategies for City review, and acceptance by the City Engineer, that provide clear assurances that by final grading, prior to installation of any irrigation and plantings, the disturbed areas that are to be revegetated will have protected and/or restored soil permeability to non -compacted soil conditions in the top 12" of soil with greater than 5% soil organic matter content and less than 200 psi of soil compaction in the top 12" of topsoil, to comply with Volume Control requirements. These graphical details and notes on soil protection/restoration shall be included in the Stormwater Management Plan and prominently included in all applicable plan sheets (e.g. Erosion & Sediment Control Plan, Grading & Drainage Plan, Landscape Plan, etc.). 14. Prior to receiving a Certificate of Occupancy for any affected construction, Soil Management Strategy implementation documentation (e.g. representative on-site soil samples, compaction testing and soil organic content test results) shall be provided to City Water Resources staff to verify compliance with approved soil management strategy. City Water Resources staff shall be notified, with 24-hour advance notice, for inspection during soil amendment process, prior to installation of any irrigation, seeding or plant materials, to verify soil compliance. Plan sheet notes/instructions on all applicable plan sheets shall be provided. 15. During infiltration system area over-excavation/sub-soil work, the developer shall ensure that a Certified Soil Scientist will be present to verify and document that practice area sub -soils are suitable for a saturated condition infiltration rate of 0.8 -inch per hour or greater (but less than 8.0 - inch per hour). If the sub -soil infiltration rates are less than 0.8- inch per hour (or greater than 8.0 - inch per hour), the developer shall immediately notify the City Engineer. Documentation shall be provided to the City within 48 -hours after infiltration testing. The developer shall provide the City Water Resources staff with 24- hour advance notice of the occurrence of infiltration verifications and also prior to any excavation and/or soil backfilling within the infiltration practices (City Water Resources staff contact/instructions shall be clearly/prominently listed on appropriate plan sheets). 16. Prior to proceeding with land disturbing activity, the developer shall enter into a long- term stormwater management system maintenance agreement with the City, detailing the inspection City Council Meeting Minutes June 21, 2016 10 page and maintenance required to occur to ensure proper operation and performance of the permanent stormwater management system, in a form acceptable to the City Attorney. 17. Before the city returns any Stormwater-related Performance Guarantee Fees on the development site, the developer shall provide the City Engineer as -built plans that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (pre- treatment, infiltration practices, etc.), and soil management strategies conform to design and/or construction plans, as approved by the City. As -built volumes (for retention) shall be provided for the infiltration practices. The developer shall submit to the City Engineer certification that the stormwater management facilities have been installed in accord with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. 18. The Developer should provide conservation easements, in a form acceptable to Water Resources and the City Attorney, over the buffer areas of Wetlands A, B, C, F, G, H, I and J, as identified in the wetland delineation map submitted to the City with this application. 19. The developer shall provide a design to support broadband and fiber optic telecommunications networks. The developer shall provide a plan to be approved by staff including development - owned vault(s) at an entry point(s) to the premises and a conduit system to provide fiber optic to all buildings in the development. The conduit system shall utilize a multi -partitioned inner duct system, or other comparable means, to accommodate multiple fiber optic service providers in the future. 20. The developer shall dedicate the public right-of-way, and any temporary construction easements, necessary for the construction of the extension of Northwest Parkway, in accordance with City engineering standards for width and curvature. 21. The developer shall be responsible for all relevant mitigation strategies included within the Mitigation Plan dated May 27, 2016, associated with the Final Alternative Urban Area -wide Review (AUAR) for the Minnesota Vikings Headquarters and Mixed Use Development in accordance with the City's determination of responsibility. The developer shall contribute $4000/net developable acre into an escrow fund to address their responsible cost of transportation improvements included in said mitigation strategies. The developer shall enter into an escrow agreement in a form acceptable to the City Attorney and provide the required deposit prior to Final Subdivision approval/release of the plat for recording. Any unused amount will be returned to the payers within 10 years of full development of the properties within the study area. 22. The developer shall provide cross parking easements and a comprehensive parking/special events agreement in a form acceptable to the City Attorney. Such agreement shall include a requirement that the developer participate financially in the traffic management strategies necessary to accommodate future events within the development, including events at the stadium and practice facility. 23. The developer shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 24. The developer shall enter into a park and trail agreement per the Parks and Open Space Plan and the Sidewalk and Trails Plan (Plan Sheets L200 and L100), in a form acceptable to the City Attorney, to ensure that the dedication of park and trails is completed as the development proceeds in further phases. Councilmember Bakken moved, Councilmember Fields seconded the motion to accept the Feasibility Report for Project 1225 MV Eagan Ventures, LLC Streets and Utility Improvements. Aye: 5 Nay: 0 City Council Meeting Minutes June 21, 2016 11 page The City Council welcomed the Vikings organization and noted their excitement for the development, and the impact to the community and revitalization in the northeast corner of Eagan. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. ADMINISTRATIVE AGENDA There were no administrative agenda items to be heard. VISITORS TO BE HEARD Mayor Maguire noted it has been past practice and policy that during election years, from the opening of the Council candidate filing period through the November election, the Visitors to be Heard segment of the meeting shall occur for a period of time not to exceed ten minutes and will not be televised. There were no visitors to be heard. ADJOURNMENT Councilmember Fields moved, Councilmember Hansen seconded a motion to adjourn the meeting at 8:39 p.m. Aye: 5 Nay: 0 Date Mayor City Clerk Agenda Information Memo July 5, 2016 Eagan City Council Meeting CONSENT AGENDA B. Personnel Items ITEM 1. Action To Be Considered: Authorize hiring of the following seasonal and temporary employees for the summer of 2016: Andrusko, Aiden W Arcalgud, Anusha Boike, Lauren E Brown, Sara J ITEM 2. Action To Be Considered: Park Laborer Tennis Instructor Pool Attendant Lifeguard Authorize hiring a History Intern in the Communication Department, to be named. ITEM 3. Action To Be Considered: Authorize hiring of Part Time Recreation Tech, to be named. ITEM 4. Action To Be Considered: Accept the resignation of Dave Kurth, Part Time Custodian, and authorize the recruitment and replacement of this position. ITEM S. Action To Be Considered: Authorize the hiring of Ceasar Page, Part Time Custodian. Facts: ➢ This position was approved for replacement on May 3, 2016. ITEM 6. Action To Be Considered: Accept the resignation of Emily Nicols and Ashley Becker, Guest Services Representatives, and authorize the recruitment and replacement of these positions. ITEM 7. Action To Be Considered: Authorize the promotion of Dan Grounds to Full Time Custodian and authorize the replacement of a Part Time Custodian. Facts: ➢ This position was approved for recruitment on March 15, 2016. ➢ Mr. Grounds is currently a Part Time Custodian. ITEM 8. Action To Be Considered: Authorize the hiring of Johnathon Windgate, Part Time Custodian. Facts: ➢ This position was opened due to the promotion of Dan Grounds. ITEM 9. Action To Be Considered: Authorize the hiring of an E -TV Videographer, to be named. Facts: ➢ This position was approved for replacement May 17, 2016. ITEM 10. Action To Be Considered: Authorize the hiring of, to be named, for the replacement of a Field Utility Worker position created by the promotion of Greg Tracy to Production Utility Worker. ITEM 11. Action To Be Considered: Authorize the hiring of a Full Time Engineering Tech, to be named. Facts: ➢ This position was approved for hiring with the retirement of Bruce Allen March 14, 2016. Agenda Information Memo July 5, 2016 Eagan City Council Meeting CONSENT AGENDA C. Ratify Check Registers Action To Be Considered: To ratify the check register dated June 17 and 24, 2016 as presented. Attachments: (2) CC -1 Check register dated June 17, 2016 CC -2 Check register dated June 24, 2016 Agenda Information Memo July 5, 2016, Eagan City Council Meeting CONSENT AGENDA D. Approve Contracts Action To Be Considered: None. There are not any contracts to consider at this time. Attachments: (0) Agenda Information Memo July 5, 2016 Eagan City Council Meeting CONSENT AGENDA E. Accept donation of dry land training equipment provided by Eagan Hockey Association Action To Be Considered: Accept the donation of dry land hockey equipment provided by the Eagan Hockey Association for use at the Civic Ice Arena. Facts: ➢ The Eagan Hockey Association is a long standing partner and user of the Civic Arena for their Hockey programs. ➢ In the recent past, the Eagan Hockey Association has provided donations to help create a dry land training area in the Civic Arena. ➢ This donation helps create more dry land workout opportunities for the Eagan Hockey Association participants, as well as, other Civic Arena users as scheduled through Recreation staff. Attachments: (2) CS -1 Donation letter from Eagan Hockey Association CS -2 Exhibit listing dry land equipment and value donated June 13, 2016 City of Eagan Attention: Mark W. Vaughan Campus Facilities Manager/City of Eagan Eagan Civic Arena 3830 Pilot Knob Road Eagan, MN 55122 Dear Mark, On behalf of the Eagan Hockey Association, we would like to make a donation to the City of Eagan Civic Arena in the form of the attached Dry Land equipment (see Exhibit A). Under the terms of the Letter of Understanding — City of Eagan and Eagan Hockey Association- Dry Land Training Addition to Eagan Civic Arena EHA is submitting for your approval the equipment to be used in the Dry Land facilities. Thank you again for your partnership with the Eagan Hockey Association. John Ferlita President Eagan Hockey Association Exhibit A EST SHIP DATE ITEM 'NO I QTY (; I ITEM DESCRIPTION UOM UNIT PRICE EXTENDED PRICE __ 18 -MAY -16 70-359 3 Detonate Force Sandbag -15 Ib Each $59.46 $178.38 18 -MAY -16 70-361 3 Detonate Force Sandbag - 25 Ib Each $67.96 $203.88 21 -JUN -16 70-578 1 High Density Foam Plyo Set of 5 Color: Royal Each $1,614.15 $1,614.15 Sub Total: Shipping, Handling & Processing: * Estimated Tax Total: Order Total: $1,996.41 $339.39 $0.00 $2,335.80 * Tax Total is an estimate. Complete amount due for this purchase will be reflected on your invoice. Agenda Information Memo July 5, 2016 Eagan City Council Meeting CONSENT AGENDA F. Approve in-kind partnership with Art Works Eagan on a Metropolitan Regional Arts Council grant application Action To Be Considered: Approve the city's participation as a partner, providing in kind support and promotional marketing for programs associated with a 2016/2017 grant being applied for by ArtWorks Eagan. Facts: ➢ The Eagan Forward initiative has highlighted the importance of creating partnerships through different community groups for the benefit and future of the city. ➢ ArtWorks Eagan has identified a $10,000 grant that they will be applying for with the Minnesota Regional Arts Council (MRAC) to teach a series of six art programs for the Eagan community at no charge to participants. ➢ Several of the classes are proposed to be held in the Eagan Community Center with the City of Eagan providing this space as an in-kind support towards the partnership and to strengthen the grant application. ➢ All programs will be cross promoted with different marketing efforts by the nonprofit association as well as the City of Eagan. ➢ No financial matching dollars are being requested of the City. ➢ This partnership helps grow future collaboration for providing art related programs to the community. Attachments: (0) Agenda Information Memo July 5, 2016 Eagan City Council Meeting CONSENT AGENDA G. Donald Avenue Parking Prohibition Action To Be Considered: Approve the prohibition of parking on the east side of Donald Avenue (Yankee Doodle Road to 150 feet north of Yankee Doodle Road) and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ On June 15, 2016, a petition was received from Chad Deegan, a representative of the Minnesota Valley Transit Authority (MVTA), requesting a "no -parking" designation on the east side of Donald Avenue (Yankee Doodle Road to 150 feet north). ➢ The petitioner's stated purpose of the "no -parking" request is to prohibit parking on this portion of the east side of Donald Avenue, to provide for safer and more convenient MVTA Transit bus stop pickup and drop-off. ➢ A letter was sent to the property owners and occupants of properties along both sides of Donald Avenue, from Yankee Doodle Road to Donald Court, informing them of the proposed parking restrictions and the City Council's consideration at the July 5, 2016, Council meeting. ➢ No objections to the petition 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 (2) CG -1 Notice Letter CG -2 Resolution City of Eapn Mike Maguire Mayor Paul Bakken Cyndee Fields Gary Hansen Meg Tilley Council Members Dave Osberg City Administrator Municipal Center 3830 Pilot Knob Road Eagan, MN 55122-1810 651.675.5000 phone 651.675.5012 fax 651.454.8535 TDD Maintenance Facility 3501 Coachman Point Eagan, MN 55122 651.675.5300 phone 651.675.5360 fax 651.454.8535 TDD www,cityofeagan.com The Lone Oak Tree The symbol of strength and growth in our community. June 16, 2016 Re: Donald Avenue — Proposed Parking Restrictions Dear Property Owner: The City of Eagan has received a petition from MN Valley Transit Authority (MVTA Transit) and will be considering parking restrictions on the east side of Donald Avenue (from Yankee Doodle Road to approximately 150 feet north of Yankee Doodle Road), at the July 5, 2016, Council meeting. The meeting begins at 6:30 pm in the Council Chambers located in the Municipal Building at 3830 Pilot Knob Road, Eagan, MN. The petitioners' stated purpose of the no -parking request is to prohibit parking on the east side of Donald Avenue (from Yankee Doodle Road to approximately 150 feet north of Yankee Doodle Road), to provide for safer and more convenient MVTA Transit bus stop pickup and dropoff. Please see the photo of the area requested for no -parking on the reverse side of this letter. On July 5, the City Council will consider this restriction of parking on Donald Avenue. You are welcome to attend the Council meeting to provide input. Please contact me with any questions by e-mail at igorder@citvofeaean.com or by telephone at 651-675-5646. Sincerely, John Gorder, P.E. City Engineer C: Dave Osberg, City Administrator Jim McDonald, Police Chief Russ Matthys, Public Works Director Chad Deegan, MN Valley Transit Authority ,' � yrs �. �•� A� *4 u t u 7`43 uy I �a F ear wu gg ' tln 4�`�"?i �' ,41 { '.�J� t $30 �:.}= fi#t.3�{�•� �� �. �,�:�4� � __:s:_ e r� .4 'u„�s•-� .. 3 �'' _.�.<.�.�5 CITY OF EAGAN A RESOLUTION RELATING TO PARKING RESTRICTIONS ON DONALD AVENUE THIS RESOLUTION, passed this 5th day of July, 2016, 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 some public streets to allow for the utilization of the available street width, as needed, by transit vehicles. 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 Donald Avenue, from Yankee Doodle Road to 150 feet north of Yankee Doodle Road. DATED this 5th day of July, 2016 Mike Maguire, Mayor ATTEST: Christina M. Scipioni, City Clerk Cal 4 all 919141_i9IQ0 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 51h day of July, 2016, as disclosed by the records of said City in my possession. Christina M. Scipioni, City Clerk Agenda Information Memo July 5, 2016 Eagan City Council Meeting .�e7►b14►kWTc►R1 H. Project 1095, Pilot Knob Road Parking Lot Setback Variances — 3386 & 3390 Pilot Knob Road Action To Be Considered: Schedule a public hearing to be held on July 19, 2016, to consider variances to parking lot setbacks for 3386 and 3390 Pilot Knob Road associated with Pilot Knob Road Corridor improvements (County Project 31-76/ City Project 1095). Facts: ➢ The Dakota County Transportation Department is the lead agency for County Project 31- 76 (City Project 1095) providing for the widening and upgrade of Pilot Knob Road/ CSAH 31, from Yankee Doodle Road to Central Parkway, including the replacement of traffic signals at both intersections. ➢ Public right-of-way or easements were acquired as part of the project to accommodate roadway widening and trail relocation. ➢ As this construction occurs within developed areas of the City, the right-of-way and easement acquisition from two of the adjacent properties resulted in non-conformance in the required setbacks of parking for each property. ➢ The need for parking setback variances is being created by the construction for two parcels, 3386 Pilot Knob Road and 3390 Pilot Knob Road. ➢ The consideration of such setback variances by the City Council requires that a Public Hearing be held to review and discuss the proposed variances. ➢ Notices for a public hearing will be published in the legal newspaper and sent to all potentially affected and/or interested parties for comment prior to the public hearing. Attachments (0) Agenda Information Memo July 5, 2016 Eagan City Council Meeting CONSENT AGENDA I. TH 55 & Beverly Drive Construction/ Maintenance/ Release Agreement Action To Be Considered: Approve the Construction, Maintenance & Release Agreement with the Minnesota Department of Transportation (MnDOT) and the Dakota County Transportation Department for the extension of Beverly Drive within MnDOT right-of-way in the City. of Eagan, and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Under terms of a City building permit, Dart Transit is constructing an office/ warehouse facility at 2841 Beverly Drive. The extension of Beverly Drive, a City street within Highway 55 right-of-way, adjacent to the development, is required to provide access to the office/warehouse facility. This street extension is also consistent with recommendations made in the Highway 55 Access Management Plan, approved by MnDOT and the City Council in 1999. ➢ The agreement between MnDOT and the City provides for the construction of Beverly Drive, a frontage road along Highway 55 in northeast Eagan, by the City (under terms of a building permit and separate construction agreement with Dart Transit) and the long- term maintenance of Beverly Drive. ➢ The agreement has been reviewed by the City Attorney and Public Works Department and was found to be similar to other construction, maintenance & release agreements with MnDOT, and in order for favorable Council action. Attachments (1) CI -1 Resolution CITY OF EAGAN A RESOLUTION RELATING TO THE EXTENSION OF BEVERLY DRIVE THIS RESOLUTION, passed this 5th day of July, 2016, by the City of Eagan in Dakota County, Minnesota. The Municipal corporation shall hereinafter be called the "City." WHEREAS, the extension of Beverly Drive, a City street within Highway 55 right-of-way, is required to provide access to an office/warehouse facility at 2841 Beverly Drive; and WHEREAS, this street extension is consistent with recommendations made in the Highway 55 Access Management Plan, approved by MnDOT and the City Council in 1999; and WHEREAS, an agreement between MnDOT and the City provides for the construction of Beverly Drive, a frontage road along Highway 55 in northeast Eagan, by the City (under terms of a building permit and separate construction agreement with the adjacent property owner), as well as the long-term maintenance of Beverly Drive. NOW THEREFORE BE IT RESOLVED that the City enter into MnDOT Agreement No. 1025882 with the State of Minnesota, Department of Transportation for the following purposes: To provide for maintenance and for the release of a portion of the exiting Beverly Drive frontage road extension along the south side of Trunk Highway No. 55, from Blue Water Road to Dodd Road, after the reconstruction of the existing Beverly Drive frontage road extension and the construction of new Beverly Drive, according to the jurisdiction of the City within the corporate City limits under Project No. 14-1472 ("Project"). IT IS FURTHER RESOLVED that he Mayor and the City Clerk are authorized to execute the Agreement and any amendments to the Agreement. DATED this 5th day of July, 2016 ATTEST: Mike Maguire, Mayor Christina M. Scipioni, City Clerk 144AI19[111111 ILII I certify that the above resolution is an accurate copy of the Resolution adopted by the Council of the City of Eagan at an authorized meeting held on the 5th day of July, 2016, as shown by the minutes of the meeting in my possession. Subscribed and sworn to before me this 5tn day of July, 2016 Notary Public My Commission Expires (Signature) (Type or Print Name) (Title) Agenda Information Memo July 5, 2016 Eagan City Council Meeting CONSENT AGENDA J. Project 1213, TH 77 & Diff ley Road (CSAH 30) Traffic Control Signals Agreement Action To Be Considered: Approve the Joint Powers Agreement with the Minnesota Department of Transportation (MnDOT) and the Dakota County Transportation Department for Project 1213 (TH 77 and Diffley Road — East and West Ramps Traffic Control Signals) within County right-of-way in the City of Eagan and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ The improvements under this agreement between MnDOT, the Dakota County Transportation Department and the City provide for the removal and installation of two new traffic control signals, including emergency vehicle preemptions and corridor signal interconnection, at TH 77 and Diff ley Road (CSAH 30). ➢ The proposed improvements will result in upgraded and coordinated traffic control signals, which can play an important role in easing traffic congestion. The purpose of coordinated traffic control signals is to design a corridor or system wide method to minimize the operational delay of vehicles. The associated benefits include safety enhancement, energy savings, and pollution reduction. ➢ The State and County will share construction responsibilities and will jointly participate in project costs associated with engineering, installation of fiber cable and monitoring equipment, traffic signal revisions, and related activities. There are no City costs associated with the construction of this project, however the City will share cost responsibilities for the long term power, operation and maintenance of the new signal systems, EVP systems and corridor interconnection. ➢ The agreement has been reviewed by the Public Works Department and was found to be similar to other cooperative construction agreements with MnDOT and Dakota County, and in order for favorable Council action. Attachments (1) CJ -1 Resolution CITY OF EAGAN A RESOLUTION RELATING TO TRAFFIC CONTROL SIGNALS & EVP ON TH 77 AT CSAH NO. 30 (DIFFLEY ROAD) THIS RESOLUTION, passed this 5th day of July, 2016, by the City of Eagan in Dakota County, Minnesota. The Municipal corporation shall hereinafter be called the "City." WHEREAS, MnDOT, the Dakota County Transportation Department and the City concur with the need for the removal and installation of two new traffic control signals, including emergency vehicle preemptions and corridor signal interconnection, at TH 77 and Diffley Road (CSAH 30); and WHEREAS, the proposed improvements would result in upgraded and coordinated traffic control signals, which can play an important role in easing traffic congestion by minimizing the operational delay of vehicles, as well as provide safety enhancement, energy savings, and pollution reduction; and WHEREAS, an agreement between MnDOT, Dakota County and the City provides that MnDOT and Dakota County will share construction responsibilities and will jointly participate in said project costs associated with engineering, installation of fiber cable and monitoring equipment, traffic signal revisions, and related activities. NOW THEREFORE BE IT RESOLVED that the City enter into MnDOT Agreement No. 1025911 with Dakota County and the State of Minnesota, Department of Transportation for the following purposes: To participate in the power, operation and maintenance of the new Signal Systems, EVP Systems and Interconnect on Trunk Highway No. 77 at County State Aid Highway No. 30 (Diffley Road) West Ramps and on Trunk Highway No. 77 at County State Aid Highway No. 30 (Diffley Road) East Ramps within the corporate City limits under State Project No. 1925-43. IT IS FURTHER RESOLVED that he Mayor and the City Clerk are authorized to execute the Agreement and any amendments to the Agreement. DATED this 5th day of July, 2016 ATTEST: Mike Maguire, Mayor Christina M. Scipioni, City Clerk CERTIFICATION I certify that the above resolution is an accurate copy of the Resolution adopted by the Council of the City of Eagan at an authorized meeting held on the 5t" day of July, 2016, as shown by the minutes of the meeting in my possession. Subscribed and sworn to before me this 5t" day of July, 2016 Notary Public My Commission Expires (Signature) (Type or Print Name) (Title) Agenda Information Memo July 5, 2016 Eagan City Council Meeting CONSENT AGENDA K. Water Quality Cost -Share Partnership Program Mount Calvary Lutheran Church Action To Be Considered: Approve a Cost Share, Operation and Maintenance Agreement with Mount Calvary Lutheran Church (3920 Rahn Road) to help implement a Parking Lot Bioretention Project through the Water Quality Cost -Share Partnership Program and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ On December 4, 2012, the City Council approved a Water Quality Cost -Share Partnership Program (Program), the purposes of which are to: 1) improve water quality in downstream public waterbodies; 2) reduce stormwater runoff into the storm sewer system and public waterbodies; 3) preserve, protect and enhance native plant communities around public waterbodies; and 4) educate and engage the public on the value of improving public water resources, and to develop empowerment and partnership opportunities. ➢ The Program is funded from the stormwater utility fund and is being administered by Water Resources staff according to City Council priorities as designated in approved capital improvement programs, lake management plans, and development agreements. The Program is provided up to $50,000 annually in the 2016-2020 Public Works Department's Capital Improvement Program. ➢ Mount Calvary Lutheran Church will engage a contractor to construct a bioretention basin and associated stormwater infrastructure to intercept, filter, and infiltrate stormwater runoff (including sediment and phosphorus) from approximately 1.3 acres of the church site. ➢ Church volunteers will plant native perennials and shrubs within the basin. The church will be responsible for future maintenance of the site, with guidance from the Dakota County Soil & Water Conservation District (DCSWCD). The church will also conduct programs to educate its congregation about watershed and water quality stewardship at the church grounds and at home. ➢ The project should be substantially completed by the end of 2016 at a total estimated cost of $29,498.25. An estimated cost -share of $12,000.00 from the City will be matched by approximately $2,500.00 of church funding and approximately $14,998.25 of funding from the DCSWCD. Attachments (1) CK -1 Cost -Share, Operation and Maintenance Agreement CITY OF EAGAN WATER QUALITY COST SHARE PARTNERSHIP PROGRAM COST SHARE, OPERATION AND MAINTENANCE AGREEMENT This Agreement is made by and between Mount Calvary Lutheran Church, Eagan Township, a Minnesota non-profit corporation (the "Owner") and the City of Eagan, a Minnesota municipal corporation (the "City") (collectively the "Parties"). WHEREAS, the Owner is the fee title holder of real property located at 3930 Rahn Road, Eagan, Minnesota, and legally described as follows: Lot 1, Block 1, Mount Calvary Addition, Dakota County, Minnesota (the "Property"); WHEREAS, the Owner desires to perform a water quality improvement project (the "Project") to install PARKING LOT BIORETENTION BASIN (the "Improvements") as depicted on the Site Plan and Specifications attached hereto as Exhibit A and incorporated herein and in accordance with the itemized cost estimate set forth in Exhibit B attached hereto and incorporated herein (Exhibits A & B are collectively referred to as the "Plans and Specifications"); WHEREAS, the Owner has submitted an application for assistance with the Project under the City's Water Quality Cost Share Partnership Program (the "Program"); WHEREAS, the City finds that the Project will serve a public purpose by supporting one or more of the following public water resource priorities: a. improving water quality in downstream public waters; b. reducing stormwater runoff into the public storm -sewer system and public waters; c. preserving, protecting and enhancing native plant communities around public waters; and d. educating and engaging the public on the value of improving public water resources, and empowerment and partnership opportunities; WHEREAS, the City finds that the Owner and the proposed Project meet the eligibility requirements for participation in the Program; and WHEREAS, the City agrees to provide the Owner with certain financial and technical assistance for the Project through the Program, subject to the teens and conditions hereinafter set forth; NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and obligations of the Parties hereinafter set forth, the Parties agree as follows: 1. Plans and Specifications. a. Owner Responsibility. The Owner shall be responsible for development of the plans/design, specifications and itemized cost estimate for the Improvements (the "Plans and Specifications"). b. City Review. The Owner shall submit the Plans and Specifications to the City for review and written approval by the City Engineer or his designee prior to installation of the hnprovements. Notwithstanding the foregoing, the Owner shall be solely responsible to determine the adequacy of the Plans and Specifications and to comply with all applicable laws and regulations, and the City shall have no liability for the Plans and Specifications or the Improvements. c. Modification of Plans and Specifications. Any modification to the approved Plans and Specifications must be approved in writing by the City Engineer or his designee. 2. Installation. a. Standards. The Improvements shall be installed in accordance with the approved Plans and Specifications. b. Labor and Materials. The Owner shall select, obtain and pay for all labor and materials for the Project, consistent with the Plans and Specifications, subject to partial reimbursement as provided in this Agreement. c. Photographs. The Owner shall take photographs to document the Project. d. Time for Completion. The Project must be completed within one year from the date of execution of this Agreement, unless an extension has been requested and granted by amendment of this Agreement. e. Report. Within 30 days after completion of the Project, the Owner shall submit to the City Engineer or his designee a project completion report in a form required by the City (including supporting photographs). VJ- 3. Reimbursement. a. Reimbursement Request. As the Improvements are completed and approved by the City Engineer or his designee, the Owner shall submit to the City Engineer or his designee a written request for reimbursement including (i) a detailed itemization of costs, (ii) original receipts or paid invoices and (iii) itemization and documentation of the Owner Match as defined below (collectively the "Reimbursement Request"). b. Reimbursement Amount. The City shall reimburse the Owner pursuant to the Reimbursement Request for up to $12,000.00 for eligible project costs, and not to exceed seventy-five percent (75 %) of total Project costs. c. Reimbursement Schedule. The City shall issue reimbursement to the Owner within thirty (30) days of receipt of a completed Reimbursement Request. d. Eligible Costs. All Project costs will be reviewed and verified by the City Engineer or his designee as eligible, practical and reasonable, and in consultation with the Dakota County Soil & Water Conservation District. The City reserves the right to make adjustments to the Project costs submitted for reimbursement based on this review. Subject to the foregoing, the following Project costs are eligible for reimbursement: i. Materials for the Improvements. ii. Contracted labor costs for installation and establishment period (maximum of 2 year period post -installation) of the Improvements. iii. Contracted design / engineering fees, and soil -analysis, but only if approved in writing by the City Engineer or his designee before contracted design / engineering / soil -analysis work begins. e. Ineligible Expenses. i. Notwithstanding any provision of this Agreement to the contrary, purely aesthetic components of the Improvements are not eligible for reimbursement and shall not be considered part of the Project costs. ii. Funding will only cover work performed after this Agreement has been signed, with the exception of pre -project planning / design / engineering costs that may be allowed to be included, determined on a case-by-case basis, if pre -approved in, writing by the City Engineer or his designee. iii. Work that has been, or will be, reimbursed from another cost -share program (e.g. Dakota County Soil & Water Conservation District Cost - Share Program). f. Owner Match. i. The Owner shall be responsible for a minimum of twenty-five percent (25 %) of Project costs, which can include in-kind labor value. 4. Maintenance. a. Maintenance Obli ag_tipn. For a period of ten (10) years commencing on the date the Improvements are completed and approved by the City Engineer or his designee, the Owner shall maintain and repair, when necessary, the Improvements in accordance with the Plans and Specifications. b. Maintenance Costs, The Owner shall be solely responsible for all costs associated with long-term maintenance and repairs of the Improvements. 5. Inspections and Reports. a. Annual Inspections. The Improvements shall be inspected annually, between May 15 and October 15, by a Qualified Person selected by the Owner to determine whether or not the Improvements are functioning in accordance with the Plans, Specifications and this Agreement. As used in this Agreement, the term "Qualified Person" shall mean a person acceptable to the City Engineer based on stormwater best management practice training and experience. The Owner's responsibilities under this Section shall be at the Owner's sole cost and expense. If, as a result of the inspection, the Improvements are determined not to be functioning in accordance with the Specifications and this Agreement, the Owner shall restore/repair the Improvements to function as specified herein. b. City Notification and Independent Inspection. The City shall be notified at least 24 hours prior to the annual inspections or any significant maintenance of the Improvements and, at the sole cost of the City, a representative of the City may observe any inspection or maintenance. The City shall have right of entry onto the Property to inspect the Improvements at any time to evaluate the installation and maintenance of the Improvements. c. Inspection and Maintenance Report. The owner shall submit a report to the City Engineer or his designee by e-mail or mail, no later than thirty (30) days after any annual inspection and/or maintenance of the Improvements, providing the following information: i. Date and time of inspection. ii. Log of findings. iii. Date and time of maintenance. iv. Details of maintenance performed. v. Photographic documentation. 6. Standards for Performance. Any act of construction, installation, maintenance, or repair to be performed under this Agreement shall be performed in a good and workmanlike manner pursuant to sound engineering practices and in compliance with all applicable governmental requirements. M 7. Right of Entry. The City, its agents and employees shall have the right to enter the property to inspect and to implement the terms of this Agreement. The City, its agents and employees shall not be subject to or liable for any claims of trespass in connection with such entry. 8. Indemnification. The Owner shall indemnify and hold the City and its City Council members, officers, employees, agents, representatives, attorneys, successors and assigns, harmless from any and all claims arising out of or related to (i) the installation, use, maintenance, repair, removal, damage or destruction of the Improvements, (ii) injury to the Owner or any third party caused by or related to the Improvements, and (iii) damage to real property or personal property of the Owner or any third party caused by or related to the Improvements. 9. Amendment, Release or Termination. Notwithstanding anything herein to the contrary, no amendment, release or termination of any of the provisions of this Agreement shall be effective or may be filed of record unless the City consents to the amendment, release or termination. Such consent must be evidenced by a resolution duly approved by the City Council, or successor body. The Owner, on behalf of itself and its successors and assigns, expressly acknowledges and agrees that the City has no obligation whatsoever to approve or act upon any proposed amendment, release or termination, may withhold or delay consent for any reason or no reason whatsoever, and may condition consent upon such terms as the City deems desirable. The Owner, on behalf of itself and its successors and assigns, further agrees and covenants, consistent with this acknowledgment, not to institute any legal proceedings against the City on the grounds that the City failed to respond appropriately to a proposed amendment, release or termination and to indemnify the City against any expense, including litigation costs, which the City incurs as a result of any violation by that party of this covenant. The City may, at any time, give up the right to approval granted hereunder, said action to be evidenced by City Council resolution or other format approved by the City Attorney. 10. Remedies for Default, a. Termination. If the Owner fails to perform the Owner's obligations as and when required under this Agreement (a "Default"), and fails to cure such Default within thirty (30) days after the City gives written notice to the Owner specifying the Default, subject to such extension as may be reasonably necessary due to weather conditions, then the City may terminate this Agreement by written notice to the Owner. b. Repayment. Upon termination of this Agreement, the City Engineer or his designee shall determine the amount, if any, by which the reimbursement to the Owner for Project costs under this Agreement exceeded the public benefit received by the City from the Project (the "Overage"). The Owner shall repay the Overage to the City within thirty (30) days after receipt of an invoice from the City describing the calculation and the amount of the Overage. If the Owner fails 5 to timely repay such funds, the Owner shall be responsible for the City's attorneys' fees and costs enforcing this Agreement, including costs of collection. c. Force Majeure. Notwithstanding the foregoing, the Owner shall not be liable for repayment of funds received under this Agreement if the failure was caused by reasons proven to be beyond the Owner's control. 11. Duration. This Agreement shall constitute a covenant running with the land and shall be binding upon and inure to the benefit of the Parties, and any and all of their successors and assigns. 12. Recording Agreement. The City will record this Agreement against the Property with the Dakota County Recorder's Office within thirty (30) days of full execution of this Agreement, and shall provide the Owner with verification of this recording. 13. Governing Law; Venue. The laws of the State of Minnesota shall govern the interpretation, validity, performance, and enforcement of this Agreement. Any dispute regarding this Agreement shall be venued in the State of Mimiesota District Court in Dakota County. Owner (or Representative) Contact Information for Long -Term Inspection/Maintenance: Mount Calvary Lutheran Church, Eagan Township Attn: No-bL .e- e l i d CuYA Telephone: (o I - q,i O - d gt4 q Email: n-mt-Cal Qo vn [Signature pages follow] 111 IN WITNESS WHEREOF, the undersigned have executed this Cost Share, Operation and Maintenance Agreement effective as of the date first listed above. OWNER: Mount Calvary Lutheran Church, Eagan Township a Minnesota non-profit corporation /f By: < (sign) L�Lcjne_ i c(C( (print name) Its: ryNk n ► Ttya. oy' CITY: CITY OF EAGAN, a Minnesota municipal corporation By: Mike Maguire Its: Mayor By: Christina M. Scipioni Its: Clerk 7 STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this 4r day of I L,ne, 2016, by the of Mount Calvary Lutheran Church, Eagan Township, a Minnesota non-profit corporation, on behalf of the corporation. If= QERSEEnn�SotaSTATE OF MINNESOTA ) ion a�, 2oao ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this day of , 2016, by 4 Mike Maguire and Christina M. Scipioni, the Mayor and Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 (952) 432-3136 (RBB: 0206-4768) !| §/ §� k� \ | | /k � |J ■|� \( �� %) $�k � #;, k) _ ��� �� {/! 4 � 2 / 06 U g N N p J pa Q H U W N C a Z O p w z O c V O J w o Z m z w x y w �O hoc z� w °c"a C C "'� a� F Z Za O2 OA Q p m Q w Q LU m p L? 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N N LT M4 LA$Y FE O $� F ?� R7 E ' r�zy 6 C 4 � r; s � o� 5 N EP `h �s a E � C � Sx as �R F Project Name: Mound Calvary Lutheran Church Biorctention Basin Calculated By: 1711fiCK. 01a Ni 6C'A: A(jJ iCK S r ;c - Date: 4-.'s2 F-/ FEXfllblt B Project Value Estimate "Price estimates are for installed items unless otherwise noted Project Items or Activities (it is responsibility of contractor to verify all estimated quantfes) Materials Qty Unit knit Extended Price Cost Mobilization (if applicable) 1 ea�� Site Grading (Plan Quantity) I lump A"�0-2 ioretention Coll Excavation with Hoe (Plan Quantity, estimate at cubic yards) 1 lump ,? le e6v ecce Off -Site Disposal ol'Soil (Plan quantity, estimated at 60 cubic yards) 1 lump 7r;W 7--2e Premium Topsoil (ScreenedlPulvetized MiOot 3877-C) g cy Engineered of Mix B (70% ASTM C-33Coarse Wash Sand an " MnDot 3890 Grade 2 Leaf Litter Compost, NO TOPSOIL) 53 cy 4 HDPE Federated pipe with Circular Knit Filter Sock (fittings and connectors included) 45 4" PVC Solid (finings and connectors included) 22 if 4" PVC Cleanout Assembly (Tee, riser, grate) t ea 4" PVC Valve & Valve Box I ea 571/0 3 ya 6" PVC Solid (fittings and connectors included) 10 If Subdrain Outlet Connection1 ea 105 j �,� Trench rain ( ee an R 9 - Type rate, witha necessary fittings, and associated concrete installation) I ea Remove and Replace Bituminous Pavement 1 lump ,;;? C7a` y�.', cr;, Turf Sod (includes fine grading as needed) 160 sy Heavy Duty Lawn Edging (Plastic) 98 if Adjustable Wood Wier 1 I lump + "? 73�. 7Sra -- u stone Pavers (133elgard or approve equal) includes bedding an gcotextiic 30 sf .2 4<.? 4.6" River Rock and geotexnle 30 sf if. /3r Boulders and fabric 1 lump 1:24, - C ,}43 c. r 4 x:41. �.�� �S,r"• Y Did Alternates: Wood Mulch (Mn/DOT'rype.6) Shredded Hardwood 6 cy Watering of Turf Sod for I month following installation 1 lump .Yee AYL" l r - _Subtotal: Its «j �r<'•acdti'ar/� ">d�1y �L,ic.ldf%7� Det b Agenda Information Memo July 5, 2016 Eagan City Council Meeting Consent Agenda Item L. Approve the Extension of the Purchase Agreement with GLG Properties ("Gertens") for the sale of Outlot I, Gopher Industrial Park 2nd Addition and direct the Advisory Planning Commission to review the Conveyance as to Compliance with the City's Comprehensive Plan Actions to Be Considered: Approve the Extension of the Purchase Agreement with GLG Properties ("Gertens") for the sale of Outlot I, Gopher Industrial Park 2nd Addition and to direct the Advisory Planning Commission to review the conveyance as to compliance with the City's Comprehensive Plan. Facts: ➢ The City owns approximately 12.41 acres of vacant property located just north and west of the intersection of Yankee Doodle Road and Elrene Road, known as Outlot I, Gopher Eagan Industrial Park 2nd Addition. ➢ The City acquired this property as a result of a 2 -step process. Initially, the City acquired three parcels of land which were owned by the State of Minnesota, due to tax forfeiture. The City's acquisition complied with State law regarding the disposal of tax forfeiting properties. In consideration of an agreement to use the parcels solely for park and open space purposes, the City was able to acquire the parcels at no cost. ➢ The 2nd step in its acquisition involved the need for special legislation. Under Minnesota law, the failure by the City to use the parcels for which they were acquired, in this case, park and open space, would cause the ownership of the properties to revert to the State. Gopher Smelting was interested in acquiring a portion of the tax forfeited properties and was willing to convey land contiguous to the tax forfeited properties to the City in an exchange. Special legislation authorized the City to convey a portion of the tax forfeited property to Gopher Smelting on the conditions the land Gopher Smelting conveyed to the City be burdened by the same public park or open space requirement. ➢ Subsequent Special Legislation also granted the City authority to use the land as a co -location telecommunication facility, in addition to continued use for public park or open space. ➢ Under State Law City could request removal of the use restrictions from the Dakota County Board, which oversees the tax forfeited lands in the County. Should the County Board agree to remove the restrictions, an appraisal of Outlot I would be required to determine its fair market value. Upon payment of the market value for Outlot I, as determined by the County Board, the State would release the restrictions on use. ➢ The City was approached by Gerten's to consider the sale of Outlot I for its use as a yard waste, eco site, to ensure the continued operation of their facility, which is currently located to the east of the parcel owned by the City. ➢ At its meeting on February 2, 2016 the City Council approved a Resolution to Request County Approval to remove the use restrictions on Oulot I, Gopher Eagan Industrial Park 2nd Addition, and approved a Memorandum of Understanding to negotiate the sale of the property to GLG Properties ("Gerten's"). ➢ On April 5, The Dakota County Board of Commissioners approved the release of the use restrictions and set the Appraised Market Value at $784,000. ➢ The City attorney has prepared a purchase agreement, which has been signed by GLG Properties, that provides for the conveyance of Outlot 1. GLG is responsible for all costs to obtain title to the property (including payment to the County) in exchange for an agreement to keep the property available for public use as a yard waste, eco -site for ten years. ➢ The purchase by GLG Properties is conditioned upon the City undertaking to amend its current land use regulations to allow a yard waste, eco -site to be conducted upon Outlot I as a conditional use. Amendments will be required to the City's Comprehensive Guide Plan and zoning ordinance. Attachments: (2) CL -1 Location Map CL -2 Purchase Agreement AMENDMENT TO PURCHASE AGREEMENT THIS AMENDMENT TO PURCHASE AGREEMENT ("Amendment") is made effective as of July , 2016 by and between the City of Eagan, a Minnesota municipal corporation (the ".Seller") and GLG Properties, a general partnership under the laws of the State of .Minnesota (the `Buyer"). The Seller and the Buyer are referred to herein collectively as the "Parties." RECITALS: WHEREAS, the .Parties entered into that certain .Purchase Agreement dated May 3, 2016 (hereinafter the "Agreement"); and WHEREAS, the Parties have agreed to amend the Closing Date of "on or before July 15, 2016" by amending Paragraph 1.2 of the Agreement to state and read "on or before October 1, 2016". NOW, THEREFORE, in consideration of the foregoing and other .good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Paragraph 1.2 is hereby amended to read as follows: The balance of the Purchase price, subject to prorations and adjustments set forth in this Agreement, on or before October 1, 2016 (the "Closing Date") by wire transfer of immediately available funds, Seller and Buyer have executed this Amendment as of the date set forth above. SELLER: City of Eagan By: Mike Maguire Its: Mayor By: Christina M. Scipioni Its: City Clerk BUYER: GLG Properties By: Z",Z� lwvl��44 Ano Pitera Its: General Partner Agenda Information Memo July 5, 2016 Eagan City Council Meeting CONSENT AGENDA M. Approve Energy and Environment Advisory Commission recommendation for a City resolution supporting pollinator friendly environments per the Energy and Environment Advisory Commission 2015/2016 Work Plan Accept the resolution drafted and supported by the Energy and Environment Advisory Commission for pollinator friendly environmental care and support. Facts: ➢ The EEAC puts together a work plan each year and works with the City Council to identify goals for the commission to accomplish. In 2015/2016 goal #3 section a. states, provide available information for residents concerning ecologically sound landscaping that conserves water and supports bees. ➢ Research was done with other cities, as well as with City of Eagan staff to identify additional ways to create more friendly environments to help pollinators to thrive in Eagan open spaces. ➢ Limited or no Neonictinoid use is a common strategy for cities to implement to prevent accidental killing of pollinator insects. Encouraging additional bees within the open spaces and planting pollinator friendly plants in open spaces (ie milkweed) are also encouraged through the resolution. ➢ The approval of this resolution is consistent with our bee keeping at Holz Farm Park and with our tree preservation policy that addresses EAB in Ash trees. Attachments: (1) CM -1 Resolution from EEAC CITY OF EAGAN RESOLUTION TO APPROVE RECOMMENDATION BY ENERGY AND ENVIRONMENT ADVISORY COMMISSION REGARDING POLLINATOR FRIENDLY ENVIRONMENTS WHEREAS, bees and other pollinators are integral parts to a wide diversity of essential food production; and WHEREAS, native and honey bees are being threatened due to habitat loss, pesticide use, pathogens and parasites; and WHEREAS, research indicates use of Neonicotinoids, which are synthetic chemical insecticides similar in structure to nicotine, causes die off of plant pollinators, including bees, butterflies, moths and other insects; and WHEREAS, the Eagan City Council finds it in the public interest to demonstrate its commitment to a safe and healthy community environment through the implementation of pest management practices in maintenances of the city parks, open spaces and property. NOW, THEREFORE, BE IT RESOLVED that the City of Eagan shall understake its best efforts to become a pollinator friendly city by undertaking best management practices in the use of plantings and pesticides in all public spaces within the city. RESOLVED FURTHER, that with the exceptions of the treatment of ash trees for emerald ash borer, the city shall refrain from the use of pesticides from the neonicotinoid family on city property. RESOLVED FURTHER, that the city shall undertake its best efforts to plant flowers favorable to bees and other pollinators in the city's public spaces, with a preference for native species in native spaces. Motion made by: Seconded by: Those in favor: Those against: Dated: 7-5-16 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 the 5t'' day of July, 2016. City Clerk Agenda Information Memo July 5, 2016, Eagan City Council Meeting NEW BUSINESS A. Conditional Use Permit – 3803 Blackhawk Ridge Place Action To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) a Conditional Use Permit to exceed 25% impervious surface coverage in a Shoreland Overlay District on a residential lot located at 3803 Blackhawk Ridge Place, subject to the conditions listed in the APC minutes. Required Vote For Approval: Majority of Councilmembers present Facts: The applicant is proposing to construct an in-ground pool and pool deck on a single- family lot within the Shoreland Overlay District of Blackhawk. Blackhawk is classified is Eagan’s third highest priority lake. Shoreland zoning limits impervious coverage to a maximum of 25% of the lot size. The ordinance allows for impervious coverage above that amount with a Conditional Use Permit. Existing impervious coverage is 21.5%. With the proposed swimming pool installation, the impervious coverage would be increased to 25.7%. The Applicant proposes to remove a 205 s.f. of existing concrete patio, partially offsetting the net increase in impervious coverage. A rain garden is proposed to capture and infiltrate runoff from the excess impervious coverage over 25% (approx. 140 s.f.). As proposed and designed, the mitigative rain garden should capture 100% of the runoff from a 1% or 100-year, 24-hour, 7.47” rainfall event. If installed and maintained correctly, the rain garden will sufficiently offset the excess impervious area. The landowner should enter into a long-term stormwater maintenance agreement with the City, in a form acceptable to the City Attorney. The Advisory Planning Commission held a public hearing on the proposal at their June 28, 2016 meeting, and did recommend approval. Issues: None 60-Day Agency Action Deadline: July 30, 2016 Attachments: (4) NBA-1 Location Map NBA-2 Draft June 28, 2016, APC Meeting Minutes NBA-3 Planning Report NBA-4 Report Exhibits !x E� 'R tea.®S 0 Advisory Planning Commission June 28, 2016 Page 17 of 22 C. 3803 Blackhawk Ridge Place Applicant Name: Jeff Dierberger, Homeowner Location: 3803 Blackhawk Ridge Place; Lot 19, Block 2, Blackhawk Ridge 2nd Addition Application: Conditional Use Permit A Conditional Use Permit to exceed 25% impervious surface coverage in a Shoreland Overlay District. File Number: 21 -CU -06-05-16 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated June 21, 2016. Chair Filipi opened the public hearing. Member Piper questioned the nature of the $1,000 escrow for the rain garden and whethercondition #3 regarding phosphorous levels to the downstream waterbody had been met. Assistant City Engineer Nelson responded the escrow is for the costs of inspection during the rain garden installation, and that yes, condition #3 had been met. There being no further public comment, Chair Filipi closed the public hearing and turned the discussion back to the Commission. Member Sagstatter moved, Member Piper seconded a motion to recommend approval of a Conditional Use Permit to exceed 25% impervious surface coverage in a Shoreland Overlay District for an in -ground swimming pool and pool deck, subject to the following conditions: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council with the following exhibit: Site Plan received May 31, 2016 2. The impervious surface of this lot shall not exceed 25.7% (4,969 square feet) per the Site Plan dated May 31, 2016. 3. Prior to the release of the Conditional Use Permit for recording, the applicant shall provide a $1,000 escrow deposit for inspection of the rain garden installation. 4. The proposed rain garden/infiltration basin shall be designed and constructed to effectively capture, retain and infiltrate 100% of the impervious runoff from the excess impervious surface total from a 1%, 24-hour, 7.47" rainfall event . Advisory Planning Commission June 28, 2016 Page 18 of 22 5. The proposed rain garden/infiltration basin shall be designed and installed according to the guidelines of the Minnesota Stormwater Manual and the City of Eagan Engineering Standards Manual, and shall be constructed so that basin has stable side slopes and that temporary ponded runoff has infiltrated below the surface within 48 hours after the end of any rain event. 6. The proposed rain garden/infiltration basin shall be designed to safely overflow to the front yard of the residence and shall not discharge into neighboring properties. 7. Prior to release of the Conditional Use Permit for recording, the rOwner shall provide a detailed landscape plan for the proposed rain garden/infiltration basin that provides plant quantities and plant spacing that will ensure 80% plant coverage by the end of year 2 after planting. 8. Mitigative stormwater designs shall be reviewed and accepted by the City Engineering Division and the installation shall be inspected by City staff at the time of installation. 9. The Owner shall enter into a long-term stormwater facility inspection and maintenance agreement with the City of Eagan, in a form acceptable to the City Attorney, to be filed in the property records with the Dakota County Recorder's Office at the Owner's expense. 10. As -built drawings and capture volume measurements shall be provided to the City that verify minimum storage volume requirement is being met. 11. The Owner shall discharge water from the pool (including filter backwash) in a form and manner acceptable to the Water Resources Manager. All voted in favor. Motion carried 7-0.. PLANNING REPORT CITY OF EAGAN REPORT DATE: June 21, 2016 APPLICANT: Jeff Dierberger PROPERTY OWNER: Jeff Dierberger REQUEST: Conditional Use Permit LOCATION: 3803 Blackhawk Ridge Pl. COMPREHENSIVE PLAN: LD, Low Density ZONING: PD, Planned Development SUMMARY OF REQUEST CASE: 21 -CU -06-05-16 HEARING DATE: June 28, 2016 APPLICATION DATE: March 30, 2016 PREPARED BY: Pam Dudziak The applicant is requesting approval of a Conditional Use Permit to exceed 25% impervious surface coverage in a Shoreland Overlay District for an in -ground swimming pool and pool deck on a residential lot located at 3803 Blackhawk Ridge Place, legally described as Lot 19, Block 2, Blackhawk Ridge 2nd Addition. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.5 0, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property Planning Report — 3803 Blackhawk Ridge Place June 28, 2016 Page 2 values within the neighborhood. 4. Will be served adequately by essential public facilities and services, including streets, police and Bre protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8. Is appropriate after considering whether the property is in compliance with the City Code. Subdivision 41), Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUNDMISTORY The Blackhawk Ridge 2" a Addition subdivision was platted in 1989. The property is zoned PD, Planned Development, and is designated for single-family use. The property is located in the Shoreland Overlay District of Blackhawk Lake, a Recreational Development Lake. Residential zoning standards limit building coverage to 20%, and in the Shoreland Overlay District, impervious surface coverage is limited to 25% of the lot area. EXISTING CONDITIONS The lot is 19,317 sq. ft. in size and contains a single family home with an attached garage constructed in 1991. The property is located within the Gun Club watershed, and backs up to Blackhawk Park. There is a 25' wide conservation easement along the rear property line which abuts the park. There is a shed in the southeast corner of the lot, and a concrete patio in the rear yard. Planning Report — 3803 Blackhawk Ridge Place June 28, 2016 Page 3 The property is within the Shoreland Overlay District for Blackhawk Lake, which limits the allowable impervious to 25% of the lot size, which is approximately 4,829 square feet. Currently the existing building coverage on the lot is 10.1%, and existing impervious coverage approximately 4,155 square feet or 21.5%. SURROUNDING USES With the exception of the Blackhawk Park property to the south, the subject site is surrounded by single-family residential property, with Planned Development zoning and Low Density land use designation. EVALUATION OF REQUEST Description of Proposal — The applicant proposes to install an in -ground swimming pool. The proposal includes removal of existing patio, and installation of a rain garden to capture runoff. The proposed swimming pool results in a net increase in impervious coverage to 25.7%, which exceeds the Shoreland Zoning Maximum of 25%. Code Requirements — Eagan City Code (§ 11.65 — Shoreland Overlay District) stipulates that impervious coverage must not exceed 25% of the lot area within the Shoreland Overlay District. However, the Code does allow for an increase in the impervious area, provided the City has: 1) issued a Conditional Use Permit permitting an increase in impervious coverage; 2) approved and implemented a community -wide stormwater management plan affecting the subject site; and 3) required the necessary water quality mitigation features to meet non -degradation standards for phosphorus for the nearest downstream recreational waterbody. In addition, the general CUP standards listed at the beginning of this report are applicable to the evaluation of this request. The City's Water Quality & Wetland Management Plan (2007) identifies Blackhawk Lake as Eagan's third highest priority (along with Thomas Lake) and designates it a Class 2 lake. The highest management goal of Class 2 lakes is to support fishing, canoeing, and other forms of indirect -contact recreation. In 2013, the City completed a three-year project partially funded by the Minnesota Pollution Control Agency through a Clean Water Partnership grant. The project evaluated lake and watershed conditions and developed a lake protection and management plan, which is now being implemented. Minnesota Department of Natural Resources (DNR) — Notice of the proposed CUP was sent to the DNR. The DNR responded to the notice, and had no comments. Compatibility with Surrounding Area — The subject site is surrounded by single family residences and park. The proposed construction of an in -ground pool and pool deck appears compatible with the surrounding area. Planning Report — 3803 Blackhawk Ridge Place June 28, 2016 Page 4 Description of Proposal — The applicant is proposing to install an in -ground swimming pool in the rear yard. The pool is 18' x 36', with a 3' wide concrete deck around the perimeter and a 3' wide permeable landscape around that providing 6' between the required 4' fence and the edge of the pool. A portion of existing concrete patio (205 s.£) will be removed to accommodate the pool, partially offsetting the net increase in impervious coverage. The proposal results in an increase of the lot's impervious coverage to a total of 4,969 sq. ft. (25.7%). This is approximately 140 sq. ft. (0.7%) above the maximum impervious area allowed. The excess impervious area equates to a volume runoff of 87 cubic feet (651 gallons) of stormwater from a 100 -year, 24-hour (7.47) rainfall event. Mitigative Measures — The applicant proposes to mitigate the 140 sq. ft. of impervious surface that exceeds the 25% allowed in a shoreland overlay district by retaining the equivalent runoff volume in a proposed infiltration basin (rain garden) to capture 114 cubic feet of stormwater runoff from an equivalent impervious surface area. The retention volume is based on capture and infiltration of the equivalent of a 1% storm (7.47 inches in 24 -hours) from the 140 square feet of impervious coverage limit exceedance. City of Eagan Water Resources staff has reviewed the applicant's plans, stormwater management report and modeling provided for stormwater management and finds the proposed plans to meet the stormwater mitigation policy for impervious overage in the Shoreland Overlay District. The plans are acceptable with conditions to ensure proper mitigation basin sizing, construction and future maintenance needs for continued function. Maintenance — Because the proposed additional impervious area will be permanent, the rain garden/infiltration basin should be maintained over time to function properly for retention and infiltration of stormwater runoff. Since the proposed mitigative measures will be located on private property, ensuring that such regular maintenance occurs could be challenging. Therefore, the City should have legal assurances that proper on-going maintenance will occur. The property owner should entire into a long-term maintenance agreement with the City, in a form acceptable to the City Attorney. Landscaping — The applicant is proposing to install a rain garden to capture and infiltrate storm water runoff from the excess impervious surface. A detailed landscape plan for the proposed rain garden/infiltration basin should be provided prior to release of the Conditional Use Permit for recording. The landscape plan should provide plant quantities and plant spacing that will ensure 80% plant coverage by the end of year 2 after planting. SUMMARY/CONCLUSION In summary, the applicant is proposing to install an in -ground swimming pool. The property is located within the Shoreland Overlay District of Blackhawk Lake, a Recreational Development Lake, which limits impervious coverage to not more than 25% of the lot area. The proposal Planning Report — 3803 Blackhawk Ridge Place June 28, 2016 PaRze 5 results in a net increase in impervious coverage to 25.7%. Shoreland Zoning allows for an increase in impervious coverage with a Conditional Use Permit. Removal of an existing patio partially offsets the increase in impervious coverage, and a new rain garden is proposed to capture and infiltrate storm water runoff from the excess impervious. These two measures effectively reduce the impact of stormwater runoff to an acceptable level. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to exceed 25% impervious surface coverage in a Shoreland Overlay District for an in -ground swimming pool and pool deck on a residential lot located at 3803 Blackhawk Ridge Place. If approved the following conditions shall apply: This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council with the following exhibit: • Site Plan received May 31, 2016 2. The impervious surface of this lot shall not exceed 25.7% (4,969 square feet) per the Site Plan dated May 31, 2016. 3. Prior to the release of the Conditional Use Permit for recording, the applicant shall provide a $1,000 escrow deposit for inspection of the rain garden installation. 4. The proposed rain garden/infiltration basin shall be designed and constructed to effectively capture, retain and infiltrate 100% of the impervious runoff from the excess impervious surface total from a 1%, 24-hour, 7.47' rainfall event. 5. The proposed rain garden/infiltration basin shall be designed and installed according to the guidelines of the Minnesota Stormwater Manual and the City of Eagan Engineering Standards Manual, and shall be constructed so that basin has stable side slopes and that temporary ponded runoff has infiltrated below the surface within 48 hours after the end of any rain event. 6. The proposed rain garden/infiltration basin shall be designed to safely overflow to the front yard of the residence and shall not discharge into neighboring properties. 7. Prior to release of the Conditional Use Permit for recording, the Owner shall provide a detailed landscape plan for the proposed rain garden/infiltration basin that provides plant quantities and plant spacing that will ensure 80% plant coverage by the end of year 2 after planting. 8. Mitigative stormwater designs shall be reviewed and accepted by the City Engineering Division and the installation shall be inspected by City staff at the time of installation. Planning Report — 3803 Blackhawk Ridge Place June 28, 2016 Page 6 9. The Owner shall enter into a long-term stormwater facility inspection and maintenance agreement with the City of Eagan, in a form acceptable to the City Attorney, to be filed in the property records with the Dakota County Recorder's Office at the Owner's expense. 10. As -built drawings and capture volume measurements shall be provided to the City that verify minimum storage volume requirement is being met. 11. The Owner shall discharge water from the pool (including filter backwash) in a form and manner acceptable to the Water Resources Manager. <1Z O a� LL 0 0 LO C) J 0 d V R 0. d 41 E L � d YaV- �Nr LO m Q M m w O C O pp O = M = V EON w V .. Z +' O j d Z (D T d CL W U Jeffrey Dierberger Property 3803 Blackhawk Ridge Place Eagan, MN 55122 PID #101440102190 EXISTING IMPERVIOUS Ex Surface mper�vl y s PID: 101440102190 19,317 sf temHouse —It— H....& Geroge. 1,866 D" -wag 918 Sidewelk 115 S:de Petro 22 Beok Petro 1,054 Blook Walls 76. Shad B0 Equ:pmant Ped 24 Sub Totel.Imperv:ous S/F 4,155 Tote) Impernous Arae % 21.5 SCALE 1:20 ges mputations Jeffrey Dierberger Property 3803 Blackhawk Ridge Place Eagan, MN 55122 PID #101440102190 I 1 24, Driveway 1 I 1 Sidewalk 1 I 4 1 Side I 1 Patio 11 I I Garage 1 House I 1 I I 1 I 1 I 1 IMPERVIOUS REMOVALS A"I usted Imparvlous After Pat to Removol PID, 101440102190 19,317 .F It.. g9ee Hous. & Garage 1,866 0— ... g 918 SW ... lk 115 Side Pogo 22 Beek Pato 1,054 Block Wells 76 Shad 80 Equipment Ped 24 Sub Tote] Imp.—... S/F 4,155 Removal Rear Patio S/F -245 Adjusted Imparvlous S/F 3,910 Total Impervious A— % 20,2 I 1 Deck Porch �1 IBlockdWal I s+7 Existing Concrete Patio rT B,I ckdWall Remove 245 S/F Concra+e Pa+io Surface n 1 • Eclutpinent Pad 1 I 1 Ex l sting 1 Swale 1 I 1 I I — I I _ See Additional Pages I For HydroCadd Computations I_ SCALE 1:20 To: City of Eagan From: Jeff and Sherry Dierberger, homeowners 3803 Blackhawk Ridge Place RE: CUP to exceed 25% impervious coverage in a Shoreland Overlay District Attached you will find the application and supporting documents for our conditional use permit to exceed 25% impervious surface coverage in a Shoreland Overlay District. Our goal is to install a pool on our property while not increasing storm water runoff to adjacent properties. Our lot is currently covered by 21.5% (4,155 sq. ft.) impervious surface. We propose to remove 245 sq. ft. of concrete from our current patio. Leaving us at 20.2% (3910 sq. ft). The proposed project would increase our impervious coverage to 25.7% (4,969 sq. ft.) 25% impervious surface of our lot would be 4,829 sq. ft. of coverage. To mitigate for the remaining 140 sq. ft. overage of impervious surface we are proposing creating a rain garden in the northeast corner of our property to collect storm water and infiltrate it on our property before it reaches the city storm system. The rain garden is designed to treat an area of 205 sq. ft. The rain garden is to be planted with appropriate vegetation spaced at a maximum of 2 feet. Thank You for your consideration. Jeff and Sherry Dierberger Agenda Information Memo July 5, 2016, Eagan City Council Meeting NEW BUSINESS B. Planned Development Amendment — Easter Lutheran Church Action To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) a Planned Development Amendment to allow for a future building and parking expansion upon property located at 4545 Pilot Knob Road, subject to the conditions listed in the APC minutes. Required Vote For Approval: ➢ Majority of Councilmembers present Facts: ➢ The property is zoned PD, Planned Development. The Planned Development was established in 1996, amended in 1999 and the initial 15 -year term extended in 2010. ➢ A CUP also was approved in 1999 allowing 35% impervious coverage. ➢ The 13.78 acre site is located within the Shoreland Overlay District of Thomas Lake. ➢ The property contains an existing church building of approximately 26,325 s.f. and a 251 stall surface parking lot. ➢ The church is proposing an update to their Master Plan for future expansions. A 15 -year term for the Planned Development Amendment is requested. ➢ The proposed Master Plan shows phased future building additions to the northeast and west of the existing building. Parking is proposed to be expanded to the south, with possible structured parking along the southern portion of the parking lot. Additional measures are proposed to meet current City Code standards for post -construction storm water management. ➢ The staff report contains a detailed comparison of the existing condition, current proposal and prior Planned Development approval. ➢ On the whole, the current proposal is smaller and less intense than the 1999 Master Plan with less building area, fewer parking stalls, less impervious coverage, and improved storm water management. ➢ The Advisory Planning Commission held a public hearing on the proposal at their June 28, 2016 meeting, and did recommend approval. Issues: None 60 -Day Agency Action Deadline: July 19, 2016 Attachments: (4) NBB-1 Location Map NBB-2 Draft June 28, 2016, APC Meeting Minutes NBB-3 Planning Report NBB-4 Report Exhibits Advisory Planning Commission June 28, 2016 Page 19 of 22 D. Easter by the Lake Applicant Name: Richard Stuerman, BWBR Architects Location: 4545 Pilot Knob Road; Lot, Block 1, Easter by the Lake Application: Planned Development Amendment A Planned Development Amendment to allow for a future building and parking File Number: 28 -PA -06-05-16 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated June 22, 2016. Gary Ehret, on behalf of Easter Lutheran Church, introduced himself and explained that over the past 15 years, the church's vision for the property has been scaled back and the revised Master Plan reflects that. Vice Chair Vanderpoel stated it is unusual to see a Planned Development Amendment for a scaled back development and she would be voting for the proposal. Chari Filipi concurred. 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. Member Piper moved, Member Vanderpoel seconded a motion to recommend approval of a Planned Development Amendment to allow for a future building and parking expansion, subject to the following conditions: 1. The applicant shall enter into a Final Planned Development Agreement reflecting the existing conditions and proposed future improvement, and include the following exhibits: Existing Conditions Site Plan Master Plan Concept Site Plan 2. The Final Planned Development Agreement shall replace the prior Planned Development Agreements. 3. The term of the Planned Development shall be 15 years from the date of City Council approval. 4. The 1999 Conditional Use Permit allowing impervious coverage of greater than 25 percent within a Shoreland Overlay District shall be recorded with Dakota County in conjunction with the Planned Development Agreement, and documentation of its recording provided to the Advisory Planning Commission June 28, 2016 Page 20 of 22 City. 5. Impervious surface coverage shall not exceed 35 percent of the net site area. 6. Consistent with the prior Planned Development approval, parking stalls may be 9' wide. 7. A Building Permit shall be obtained prior to construction of any structure. Future building additions shall be architecturally compatible with the existing building and utilize similar materials. 8. Any building expansions shall provide screening of mechanical units in compliance with City Code. 9. This development shall meet the City's Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1" Volume Control on the site's new and fully - reconstructed impervious surface area (including effective soil remediation for the site's disturbed soils that are to be revegetated). All voted in favor. Motion carried 7-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: June 22, 2016 APPLICANT: Easter Lutheran Church CASE: 28 -PA -06-05-16 HEARING DATE: June 28, 2016 PROPERTY OWNER: Easter Lutheran Church APPLICATION DATE: May 20, 2016 REQUEST: Planned Development Amendment LOCATION: 4545 Pilot Knob Road COMPREHENSIVE PLAN: QP, Quasi -Public ZONING: PD, Planned Development SUMMARY OF REQUEST PREPARED BY: Pam Dudziak The applicant is requesting approval of a Planned Development Amendment to allow for a future building and parking expansion upon property located at 4545 Pilot Knob Road, legally described as Lot 1, Block 1, Easter by the Lake. AUTHORITY FOR REVIEW Chapter 11, Section 11.50, Subdivision 5 states, in part, 1. The provisions of this chapter maybe amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land or area in any zoning district or make any other proposed amendment to this chapter without first having referred it to the advisory planning commission for its consideration and recommendation. BACKGROUND/HISTORY In 1996, a Preliminary Planned Development was established on the site providing for a 79,000 s.f. church facility upon approximately 11 acres of land at the northwest corner of Pilot Knob and Cliff Roads. Three years later, the church acquired an additional 2.4 acres, and in 1999, the Preliminary PD was amended to incorporate the additional land and provide for greater building area on the larger parcel of land. Planning Report — Easter By The Lake June 28, 2016 Page 2 The 1999 PD Amendment was approved, and increased the allowable building area to 104,000 s.f. with 525 parking stalls and was anticipated to be built in three phases. The proposal included a three-level parking deck at the southeast corner of the property. At the same time, a Conditional Use Permit was approved allowing for impervious coverage exceeding 25% in a Shoreland Overlay District. It appears the CUP document has not been recorded with the Dakota County Recorder, and should be recorded at this time. The property was platted in 1999, and the first phase was built in 2001. The Preliminary PD had a 15 -year term. In 2010, the term of the Preliminary PD was extended for 5 years, and will terminate July 16, 2016. The church is now proposing to amend their master development plan and renew the Planned Development for another 15 year term. A Final Planned Development Agreement was never created or recorded. If approved, this Amendment to the Planned Development should be incorporated into a Final Planned Development Agreement reflecting the current conditions and proposed future improvements. The Final Planned Development Agreement should replace the prior Planned Development Agreements. EXISTING CONDITIONS This property is a 13.78 acre parcel zoned PD, Planned Development, and is located within the Shoreland Overlay District of Thomas Lake. The property is developed with a church and surface parking lot. The current building is approximately 26,325 s.f., with 251 surface parking stalls. Existing parking stalls are 9' wide, per the prior PD approval. The existing parking lot, building, water and sewer services, and three storm water ponds were constructed with the original development of the site. Thomas Lake is located along the northwest perimeter of the site, and the lake edge is heavily treed. The site generally slopes from the south east to the northwest, with elevations ranging from 960 to 904. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Thomas Lake & Thomas Lake P, Park P, Parks, Open Park Space & Recreation East South Water Treatment Facility P, Park QP, Quasi -Public & Clearwater Park South Single -Family Residential R-1, Residential Single LD, Low Density West Single -Family Residential; R-1, Residential Single; LD, Low Density; City Well PF, Public Facilities QP, Quasi -Public Planning Report — Easter By The Lake June 28, 2016 Page 3 EVALUATION OF REQUEST Description of Proposal — The church is proposing an updated master plan for future expansion of the church facilities, both building and parking. The current proposal reflects Easter Lutheran's current vision, although details of exact uses and allocation of space within the building may vary. The church's intent is to obtain general approval for overall development of the site such that phased expansions consistent with the overall Planned Development will be subject to administrative review and approvals at the time of Building Permit without need for public hearing at each phase. The current proposal shows expansions to the west and northeast of the existing building resulting in a total building area of 73,010 s.f. The proposed Master Plan Concept anticipates 375 parking stalls, with 155 stalls in structured parking. This amounts to a net reduction in both anticipated building size, and anticipated parking from the 1999 approvals. *Net Site Size for Existing and Proposed is 11.2 acres; 1999 plan anticipated 10.2 acres prior to platting * * City Code standard is one stall per 3.5 seats in the main assembly hall Compatibility with Surrounding Area — The church use at this location has been compatible with surrounding development consisting of parks, public facilities, and single-family residential homes. Term — The church has requested a 15 -year term for the amended Planned Development. Existing Current Proposal Condition Master Plan Concept 1999 Master Plan Total Bldg. 26,325 sf 73,010 sf 104,000 sf Area Bldg. Footprint 16,375sf 38,755 sf 60,200 sf Bldg. Coverage 3.36% 7.9% 13.6% Ratio* Sanctuary Size 400 seats 650-750 seats 1,050 seats Total Parking** 251 stalls 375 stalls 525 stalls Surface: 251 stalls 220 stalls 52 stalls Structure: 155 stalls 473 stalls Impervious 122,352 sf 171,585 sf 175,000 sf Total Impervious 25.1% 35.2% (Proposed Site Plan) 39.2% proposed; Coverage 35% (1999 approval) 35% approved Ratio* *Net Site Size for Existing and Proposed is 11.2 acres; 1999 plan anticipated 10.2 acres prior to platting * * City Code standard is one stall per 3.5 seats in the main assembly hall Compatibility with Surrounding Area — The church use at this location has been compatible with surrounding development consisting of parks, public facilities, and single-family residential homes. Term — The church has requested a 15 -year term for the amended Planned Development. Planning Report — Easter By The Lake June 28, 2016 Page 4 Bulk Standards — Setbacks — Required structure setbacks from Pilot Knob Road and Cliff Road are a minimum 50'. Required parking setback is 20' from public right-of-way. The minimum structure setback from Thomas Lake, as measured from the Ordinary High Water Level (OHWL), is also 50'. The proposed Master Plan Concept shows future buildings and surface parking meeting these setbacks. Building Coverage — The 1999 PD showed a building coverage of 60,200 s.£, the current proposal is 38,755 s.f. Impervious Coverage — Shoreland Zoning establishes a maximum impervious coverage of 25% and allows an increase to the impervious coverage ratio with a Conditional Use Permit. The current site condition is 25.1% impervious (based on net site area of 11.2 acres), and the proposed Master Plan Concept shows 35.2% impervious. The 1999 Conditional Use Permit and 1999 Planned Development approval specified a maximum total impervious coverage of 35%, although 39.2% was proposed. The anticipated net site area was 10.2 acres at that time, prior to platting. Conditional Use Permits run with the land until terminated. The applicant's current proposal is very close to the 35% impervious specified in the CUP and the prior Planned Development approvals. It is the church's intent to comply with the established 35% impervious limit, and that standard is reiterated in the suggested conditions of approval. Current research has revealed some conflicting figures for net land area ranging from 10.2 acres to 11.7 acres which obviously affects the calculated ratio of impervious depending on which figure is used. The applicant is working with their consultant to clarify the net land area figure. For purposes of this evaluation, staff used 11.2 acres, which was taken from GIS measurements based on the gross lot area and known area below the Ordinary High Water Level of Thomas Lake. Nevertheless, the current proposal is scaled back and less intense than the 1999 Master Plan resulting in less impervious coverage and improved stormwater management. Building Elevations/Architecture — Specific building plans have not been developed for the future additions. The narrative indicates future additions will "continue the vernacular established by the current building exterior and utilize a mix of similar material:" Various colors of brick, stone, weather resistant siding ... and/or an architectural metal siding. The additions will have two floor levels that align with or be accessible by the current floors of the existing church." Planning Report — Easter By The Lake June 28, 2016 Page 5 Mechanical Equipment — Any building expansions should be subject to mechanical screening requirements in compliance with current City Codes. The property was initially developed before the current mechanical screening ordinance was in place. The current proposal follows the same general building footprint, with expansions to the northeast and west of the existing building totaling 73,010 s.f. This amounts to a net reduction in anticipated building size on the property, down from the existing approval of 104,000 s.f. Parking — The proposed Master Plan Concept anticipates 375 parking stalls, with 155 stalls in structured parking. The proposed amended plan shows a single -level parking deck rather than the 3 -story structured parking of the 1999 plan. The parking deck is proposed over existing surface parking at the 20' parking setback from Cliff Road; a reduced setback for the parking structure as compared to the principal building is a carry-over from the 1999 Planned Development. The parking deck appears to meet a 50' setback from Pilot Knob Road. The current facility provides 400 seats and 251 parking stalls, a ratio of one stall per 1.6 seats. The proposed plan projects a 650-750 seat sanctuary, plus classrooms and support spaces. The proposed 375 parking stalls achieves a one stall per 2 seats ratio, which exceeds the City Code standard of one stall per 3.5 seats. 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 City's Water Quality & Wetland Management Plan (2007) identifies Thomas Lake as Eagan's third highest priority and designates it a Class 2 lake. The highest management goal of Class 2 lakes is to support fishing, canoeing, and other forms of "indirect -contact" recreation. In 2013, the City completed a three-year project partially funded by the Minnesota Pollution Control Agency through a Clean Water Partnership grant. The project evaluated lake and watershed conditions and developed a lake protection and management plan, which is now being implemented. The applicant proposes to revise the Planned Development Master Plan that would add/fully reconstruct approximately 33,545 square feet of impervious surface over existing conditions. This planned development amendment would need to comply with the City's Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1" Volume Control (which includes soil permeability restoration on disturbed areas to be revegetated). To meet the 1.1" Volume Control requirement for this application, based on the estimated 33,545 square feet of new/fully- reconstructed impervious, 3,075 cubic feet of retention (e.g. infiltration basin(s)) would need to be provided. The applicant proposes to meet City water quality/stormwater requirements through the utilization of an existing empty/dry basin (Pond 2, near north entrance) that currently has a small impervious drainage area, has significant temporary retention volume available and is currently acting as an infiltration basin. Pond 2 has 7,347 cubic feet of temporary retention volume Planning Report — Easter By The Lake June 28, 2016 Page 6 available beneath the outlet. The majority of the Master Plan's proposed new/fully-reconstructed impervious on the site would be directed to Pond 2. Eagan Water Resources staff have reviewed the applicant's plans and stormwater management/design summary and finds the proposed plan revisions, to meet City Code §4.34 Post -Construction Stormwater Management Requirements, are acceptable with conditions to ensure effective rate control to maintain or lower peak discharge, effective impervious area capture, infiltration capacity and capability verification, effective soil remediation to restore soil permeability (on all disturbed soils that are to be revegetated), effective construction techniques/staging/oversight, and future inspection and maintenance needs are performed for continued function of the stormwater management system. Storm Water Drainage— The entire site lies within Drainage District B (as designated in the City Storm Water Management Plan — 2007). Storm water flows through a private storm sewer system into three existing storm water basins (BP 7.3, BP 7.4, and BP 12. 1), and ultimately to Thomas Lake. Utilities — Private lateral water and sanitary sewer lines were installed with the initial development of the site. Sanitary sewer District C (as designated in the City's Comprehensive Sanitary Sewer Plan) serves the entire site. No new utilities are proposed, however, additional fire hydrants may need to be installed with future additions to the building to meet City Fire Department and Public Works standards. Streets/Access /Pedestrian Circulation — This property has direct driveway access from the parking lot to two public streets; Pilot Knob Road to the east, and Cliff Road to the south. No public street access modifications are proposed. Public trails are located along both county roadways. Future plans anticipate a parking lot expansion to the south and east of the existing lot, a potential parking structure with 155 stalls to total 375 parking stalls. Easements — Public drainage & utility easements were previously dedicated with the plat. No additional easements are anticipated. Financial Obligation — At this time, there are no pending assessments on the parcel. Landscaping — The site was landscaped with initial development. Additions and changes to landscaping will be reviewed at the time of Building Permit with each phase of future construction. Tree Preservation — A tree preservation plan was provided with the initial development and was subject to mitigation at that time. It appears that the areas identified for future building or parking expansions were previously disturbed with the initial site development. As such, landscaping that was installed with initial development may be impacted by future expansions, and would be accompanied by new landscaping as required by City Code. Planning Report — Easter By The Lake June 28, 2016 Page 7 Parks and Recreation — The church use is exempt from park dedication requirements. A cash trail dedication was fulfilled at the time of initial construction in 1999. SUMMARY/CONCLUSION Easter Lutheran Church is proposing an update to their Master Plan for future church facility expansions. The original Planned Development was approved in 1996 and amended in 1999 with an extension of the term to July 2016. The church is requesting approval of the new proposed Master Plan Concept for a term of 15 years. On the whole, the current proposal is smaller and less intense than the 1999 Master Plan with less building area, fewer parking stalls and less impervious coverage, and improved stormwater management. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow for a future building and parking expansion upon property located at 4545 Pilot Knob Road, legally described as Lot 1, Block 1, Easter by the Lake. If approved the following conditions shall apply: 1. The applicant shall enter into a Final Planned Development Agreement reflecting the existing conditions and proposed future improvement, and include the following exhibits: • Existing Conditions Site Plan • Master Plan Concept Site Plan 2. The Final Planned Development Agreement shall replace the prior Planned Development Agreements. 3. The term of the Planned Development shall be 15 years from the date of City Council approval. 4. The 1999 Conditional Use Permit allowing impervious coverage of greater than 25 percent within a Shoreland Overlay District shall be recorded with Dakota County in conjunction with the Planned Development Agreement, and documentation of its recording provided to the City. 5. Impervious surface coverage shall not exceed 35 percent of the net site area. 6. Consistent with the prior Planned Development approval, parking stalls may be 9' wide. 7. A Building Permit shall be obtained prior to construction of any structure. Future building additions shall be architecturally compatible with the existing building and utilize similar materials. Planning Report — Easter By The Lake June 28, 2016 Page 8 8. Any building expansions shall provide screening of mechanical units in compliance with City Code. 9. This development shall meet the City's Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1" Volume Control on the site's new and fully - reconstructed impervious surface area (including effective soil remediation for the site's disturbed soils that are to be revegetated). I V V V � V � t in V N N O M N N p M V N O N O W O o of uj m m opo m p 4-A ,�-� g g r v in F � d H z N � M Wr4M Qrl M N (3) ko ke W N O N w d N Y N J NO O J v Q N v u C1 U C 3F V z Y w m ° & m M a L/) v) V V V � V � U N V N N N M N a 4-A o v in F SAINT PAUL I MADISON 380 St. Peter Street, Suite 600 651.222.3701 Saint Paul, MN 55102 bwbr.com May 18, 2016 Re: Easter Lutheran Church by the Lake 4545 Pilot Knob Road Eagan, MN 55122 Parcel ID: 10-22575-01-010 Legal Description: Lot 1, Block 1, Easter by the Lake. Master Plan Development Agreement Narrative: Easter Lutheran Church initiated a Planned Development Agreement (PD) in 1996 and amended the plan in 1999 with a 15 year term. In 2011 the church received an extension to the PD term though July 2016. This is an application to amend the PD for another 15 year term. In 2010 Easter re-evaluated their Master Plan and the results of that work are included in this application. At this time the church is seeking general approval of the Master Plan Concept without the intent of immediate expansion, and therefore certain details remain undefined until the time the church is ready to move forward with a project. The plans provided are the current vision for Easter by the Lake; however, actual room use, size and location may change in the final plans when a project is ready to begin. It is expected with approval of this PD proposal that future additions in keeping with the nature of these plans can be approved by City Staff without a public hearing. For over fifteen years Easter Lutheran has been operating as a two site ministry and that has changed their vision for the property by the Lake. They originally envisioned a 104,000 total sf building (60,200 sf footprint) on the site with a 1,050 seat sanctuary, classrooms and support spaces including a three level parking structure with 473 spaces along with 52 surface spaces to meet all their ministry needs. The original PD agreement allowed the church to have a 35% impervious surface coverage. In this amendment, Easter is proposing a revised vision with a 73,010 total sf building (38,385 sf footprint) to add a 650-750 seat sanctuary, classrooms and support spaces relative to that size sanctuary. Parking would also increase with the sanctuary by providing 220 surface parking spaces to the south and one elevated parking deck over the south two parking bays with 155 spaces to provide a minimum of one (1) space for every two (2) seats in the sanctuary. It is understood that future additions will be required to meet the current storm water restrictions and calculations for this plan are included. This revised plan reduces the total amount of impervious surface coverage and number of cars on the site from the 1999 proposal, and under the current understanding of the site has 35.2% impervious coverage. When final plans are being prepared, the Church will work with the City to make adjustments to meet the 35% impervious limit. While the future additions have not been designed for this proposal, it is anticipated that they will continue the vernacular established by the current building exterior and utilize a mix of similar materials: various colors of brick, stone, weather resistant siding (concrete fiber board or shingle) and/or an architectural metal siding. The additions will have two floor levels that align with or be accessible by the current floors of the existing church. End. Easter Lutheran Church PD Nanative.dotx Agenda Information Memo July 5, 2016, Eagan City Council Meeting NEW BUSINESS C. Conditional Use Permit—Shingobee Builders, Inc. Action To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) a Conditional Use Permit to allow the development of a child daycare facility upon property located at 4150 Knob Drive, subject to the conditions listed in the APC minutes. Required Vote For Approval: Majority of Councilmembers present Facts: ➢ The property is zoned LB, Limited Business, in which day care centers are listed as a conditional use. ➢ The property was platted in 1984 as part of a Planned Development. The property is vacant and access is provided from Knob Drive. ➢ After a proposed PD Amendment failed in 2015, the owner requested the property be rezoned from PD to LB, Limited Business. The rezoning to LB was approved by the City in March 2016. ➢ The proposal is to construct a new child day care with outdoor play areas on the site. The one-story building is designed with a quasi -residential character to blend with both existing commercial uses in the area and the residential development to the west. ➢ The proposed use is consistent with the underlying Office/Service land use designation. ➢ All City Code standards are met with this proposal. ➢ The Advisory Planning Commission held a public hearing on the proposal at their June 28, 2016 meeting, and did recommend approval on a 6-1 vote. Issues: ➢ A number of neighbors spoke to concerns relative to parking and traffic. ➢ The applicant provided a supplemental narrative on June 29, 2016 to address questions and issues discussed during the APC meeting. 60 -Day Agency Action Deadline: ➢ July 31, 2016 Attachments: (6) NBC -1 Location Map NBC -2 Draft June 28, 2016, APC Meeting Minutes NBC -3 Planning Report NBC -4 Report Exhibits NBC -5 Correspondence submitted at the APC meeting NBC -6 Supplemental Narrative dated June 29, 2016 Advisory Planning Commission June 28, 2016 Page 10 of 22 B. Prestige Preschool Academy Applicant Name: Stacy Gleason, Shingobee Builders Location: 4150 Knob Drive; Lot 3, Block 2, Knob Hill Professional Park Application: Conditional Use Permit A Conditional Use Permit to allow a daycare in a Limited Business Zoning District. File Number: 21 -CU -08-05-16 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated June 22, 2016. Jon Fahning of Shingobee Builders gave an overview of the business and a summary of other LB uses that could be built on the site. He stated their belief that the daycare proposal is compatible with the neighborhood and the current proposed design meets or exceeds City Code standards. He addressed the hours of operation and traffic. He also stated Eagan's parking requirements are very similar to the requirements in other metro cities where Prestige has developed or is currently developing. Member Heckman asked if there are any City Codes relative to the appearance of the playground. Planner Dudziak responded there are none. Chair Filipi opened the public hearing. Karen Piehler Shaw, 4165 Knob Drive indicated the current proposal is not significantly different than the 2015 proposal, and raised concerns about the use of Class III building materials, the location of trash storage, insufficient parking, lack of off-street overflow parking, and traffic on Knob Drive. She said the development does not fit into the neighborhood, and indicated her belief that the proposal failed to meet Authority for Review criteria items 1, 3, and 5 listed in the staff report. Ms. Shaw proceeded to read e-mail statements from other neighbors not in attendance indicating concerns about parking, traffic and safety. John O'Halloran, property owner, shared his belief that the neighbors would not be happy with any development proposal. He stated that he is a mortician and laments not being real estate savvy enough back in the early 1990's to have fought the zoning change from office park to residential along the west side of Knob Drive. Celeste Bour, 4161 Knob Drive, stated concerns about the building's appearance and amount of parking. Advisory Planning Commission June 28, 2016 Page 11 of 22 Tony Bour, 4161 Knob Drive, stated peak hour traffic at the Knob Drive intersections with the two County roads is a big issue and safety concern. He also stated the developer had not sought input from the neighbors, and is concerned that patrons of the daycare would use private residential driveways as turnarounds. Kathy Zeroth, 4134 Signal Point, reiterated concerns about traffic, and stated a previous suggestion in 2015 that closing one end of Knob Drive as a traffic solution would not be reasonable as it would merely force all traffic to be funneled to the other end. She expressed concern that the business may not be successful as parents will not use this daycare because of the traffic and access difficulties. Dennis Becker, 4143 Signal Point, stated concern for traffic and on -street parking, especially in winter. He suggested signing one side or both sides of Knob Drive "no parking". John Kemper, 4139 Signal Point, stated this neighborhood does not need a day care, he questioned the Prestige business plan and shared concerns with the amount of traffic it would generate. Darci Kaul, 4138 Signal Point, stated concern for the children in the neighborhood who walk to school and the bus stop with no sidewalks on Knob Drive, and limited street lighting. Dennis Shaw, 4165 Knob Drive, mentioned Gary'Huusko and also stated concern for traffic and on -street parking. He objected to the site design that has the building closest to the residential homes and suggested the site should at least double the amount of parking provided and stated concern for the negative impact to his property value. There being no further public comment, Chair Filipi closed the public hearing and turned the discussion back to the Commission. Chair Filipi asked about the building materials, parking and traffic flow. Planner Dudziak stated the proposed building materials are consistent with City Code standards. Assistant City Engineer addressed the questions about traffic and on -street parking indicating that Knob Drive is designed to handle the traffic volumes and can accommodate two-way traffic with parking on both sides. He went on to say that if on -street parking became an issue, there is a process for the neighborhood to petition for a sidewalk or parking restrictions. He added that there are trails along both Diffley and Pilot Knob Roads. Chair Filipi asked about the turning movements to/from the two County Roads. Advisory Planning Commission June 28, 2016 Page 12 of 22 Assistant City Engineer Nelson said traffic concerns are 1) the amount of traffic on Knob Drive, and 2) getting to/from the two County Roads at Knob Drive intersection. A 2015 traffic study showed existing traffic volumes and speeds are very low compared to other similar streets. He stated the development would generate an estimated 400 additional vehicle trips per day, which is well within the capacity of Knob Drive. He also acknowledged that left turn movements, in particular, to/from the two County roads is difficult at peak times, and additional delays would be expected with the increased traffic; however, any back-ups along Knob Drive due to those occasional delays would not affect the overall system. Member Piper asked about the site layout. City Planner Ridley explained site constraints such as setbacks, and shape of the lot. Member Vanderpoel asked how much staff parking is needed and if any more parking stalls could be provided on the lot? Mr. Fahning indicated staff parking varies, and they anticipate about 1/3 of the stalls for staff use, at full capacity; he also added that storm water management requirements have a significant impact on available space on the lot. Member Piper moved, Member Sagstetter seconded a motion to recommend approval of a Conditional Use Permit to allow a daycare facility, subject to the following conditions: 1. This Conditional Use Permit shall be recorded with the Dakota County Recorder's office within 60 days of approval by the City Council, with the following exhibits: • Site Plan dated June 17, 2016 2. There shall be no more than two school vans/buses kept on the property, and such vehicles must be parked within a standard parking stall. 3. The building shall meet City Code standards for exterior materials to be verified at the time of Building Permit application. 4. Building address numbers shall be reviewed for consistency with the standards in Section 2.78 of City Code, and new address number signs installed if necessary to achieve compliance. 5. The developer shall submit a revised Landscape Plan which includes automatic irrigation prior to release of the Conditional Use Permit for recording. Advisory Planning Commission June 28, 2016 Page 13 of 22 6. A financial guarantee for installation of the landscaping shall be provided in accordance with the City's landscape ordinance at the time of Building Permit. 7. The trash enclosure shall be constructed of brick to match the building, with an opaque gate that is compatible with the building finish materials. 8. 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. 9. A detailed land disturbance and erosion control plan shall be prepared in accordance with current City land disturbance and erosion control regulations and submitted prior to any site disturbance. 10. 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. 11. This development shall meet the City's Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1" Volume Control on the site's new and fully - reconstructed impervious surface area (including effective soil remediation for the site's disturbed soils that are to be revegetated). 12. Prior to receiving city approval to permit land disturbing activity, the developer shall provide the City with soil boring logs from a minimum of two soil -borings within any proposed infiltration area, extending a minimum of 10' below the bottom of the proposed infiltration feature, to evaluate and ensure suitability for infiltration. If the soil boring logs indicate incompatibility of existing sub -soil permeability with the submitted and reviewed design plans for meeting volume control requirements, the developer shall revise the design and/or construction plans (e.g. over-excavation/soil-amendment depth, etc.) to ensure volume control requirements are fully met. 13. Prior to receiving city approval to permit land disturbing activity, the developer shall provide construction details of any proposed infiltration practice for City review/acceptance by the City Engineer. Construction details shall include infiltration basin cross-section(s), construction sequencing/protection notes, sizing/volume tables, details for stable inlet, overflows, outlets, unobstructed maintenance access areas to inlet/outlet, soil amendment criteria, planting plans/details, etc., to ensure infiltration practice is properly designed, constructed, planted, and adequately protected during / after construction to prevent Advisory Planning Commission June 28, 2016 Page 14 of 22 clogging, and able to be properly maintained (e.g. unobstructed equipment access, etc.) to function as intended. These graphical details and notes shall be prominently included in all applicable plan sheets (e.g. Erosion & Sediment Control Plan, Grading & Drainage Plan, Utility Plan, Landscape Plan, etc.). 14. Prior to receiving city approval to permit land disturbing activity, the developer shall provide detailed Soil Management Strategies for City review, and acceptance by the City Engineer, that provide for assurances that by final grading the disturbed areas that are to be revegetated will have protected and/or restored soil permeability to non -compacted soil conditions, to comply with Volume Control requirements. These graphical details and notes on soil protection/restoration shall be included in the Stormwater Management Plan and prominently included in all applicable plan sheets (e.g. Erosion & Sediment Control Plan, Grading & Drainage Plan, Utility Plan, Landscape Plan, etc.). 15. Prior to receiving city approval to permit land disturbing activity, the property owner shall enter into a long-term stormwater management system maintenance agreement with the City, detailing the inspection and maintenance required to ensure proper operation and performance of the permanent stormwater management system, in a form acceptable to the City Attorney. 16. During infiltration practice over -excavation and sub -soil work, the developer shall ensure that a Certified Soil Scientist will be present to verify and document that infiltration practice area sub -soils are suitable for a saturated condition infiltration rate of 1 -inch per hour or greater (but less than 8.0 -inch per hour). 'If the sub -soil infiltration rates are less than 1 -inch per hour (or greater than 8.0 -inch per hour), the developer shall immediately notify the City Engineer and revise the volume control practice(s) as necessary (e.g. over-excavation/soil- amendment depth, etc.) to ensure volume control requirements are fully met. At completion of final grading within the infiltration basin, but prior to planting, the applicant shall ensure that a soil scientist will be present to verify and document that the infiltration practice is suitable to infiltrate a minimum of 1 -inch per hour or greater in saturated conditions. Documentation shall be provided to the City within 48 -hours after infiltration testing. The developer shall provide the City with 24-hour advance notice of the occurrence of soil infiltration observation and verification. 17. Before the city issues a Certificate of Occupancy on the development site, the developer shall provide the City Engineer as -built plans that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (sump, infiltration practice, etc.), and soil management strategies conform to design and/or construction plans, as approved by the City. As -built volumes (for retention) shall be provided for the infiltration practice. Documentation shall be provided to verify soil management strategy compliance. The developer shall submit to the City Engineer certification that the stormwater management facilities have been installed in accord with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. 18. This developer shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. Advisory Planning Commission June 28, 2016 Page 15 of 22 19. The developer shall submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the premises (FTTP). The development shall include the installation of fiber optic cable, or a conduit for future installation, in its construction plans at the time of Building Permit. 20. The developer shall be responsible to restore the street, curb and gutter, and boulevard in a manner acceptable to the City Engineer. 21. The developer shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to the issuance of a building permit. 22. The development is subject to cash park and trail dedications payable at the time of Building Permit at the rates then in effect. After the motion to recommend approval was made and seconded, Chair Filipi stated his support for the proposal because it meets all City Code standards and there are no variances. Member Heckman stated her concern for the amount of parking and the impact to the neighborhood. She offered a friendly amendment to the motion to restrict parking along Knob Drive. Member Piper rejected the friendly amendment, stating he preferred to wait and see if there is an actual problem with on -street parking rather than preemptively restricting on -street parking. Member Heckman moved, Member Filipi seconded, a motion to amend the pending motion to recommend approval by adding a condition restricting parking along Knob Drive. Member Vanderpoel stated she agreed but noted that all City standards are being met by the proposal. Member Woebke stated the history of the original development plan for the area has created the current situation. He indicated he would not be comfortable with the Advisory Planning Commission restricting on -street parking. A vote was taken. The motion to amend failed on a 2-5 vote (Members Heckman and Dierkes voting in favor). Continued discussion ensued regarding the original motion to recommend approval. Member Dierkes opined the proposal did not meet criteria #1 of the Authority for Review in that he was not convinced the development would not be detrimental to or endanger the public health and safety. He asked if the speed limit on Knob Drive could be lowered. Advisory Planning Commission June 28, 2016 Page 16 of 22 Assistant City Engineer stated no, the street does not meet the statutory criteria for a speed limit lower than 30 mph. A vote was taken. Motion carried 6-2 (Heckman and Dierkes opposed). PLANNING REPORT CITY OF EAGAN REPORT DATE: June 22, 2016 APPLICANT: Shingobee Builders, Inc. CASE: 21 -CU -08-05-16 HEARING DATE: June 28, 2016 PROPERTY OWNER: O'Halloran & Murphy APPLICATION DATE: June 1, 2016 REQUEST: Conditional Use Permit LOCATION: 4150 Knob Drive COMPREHENSIVE PLAN: O/S, Office/Service ZONING: LB, Limited Business SUMMARY OF REQUEST PREPARED BY: Pam Dudziak The applicant is requesting approval of a Conditional Use Permit to allow the development of a child daycare facility upon property located at 4150 Knob Drive, legally described as Lot 3, Block 2, Knob Hill Professional Park. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. Planning Report — Shingobee Builders June 28, 2016 Page 2 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8. Is appropriate after considering whether the property is in compliance with the City Code. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUNDIHISTORY The subject property was platted in 1984 as part of the Knob Hill Professional Park Planned Development which was based on the LB, Limited Business zoning district. The property to the south developed with a clinic and the lots to the west contain primarily single-family homes, with a couple office and clinic buildings at the north end of Knob Drive; the subject site remains vacant. The Knob Hill Professional Park Planned Development Agreement designated the subject site for development of a 5,000 s.f. office building. A development proposal for a two-story 12,500 s.f. office building was denied by the City in 2002 due to size of the building, insufficient parking, and setbacks. In 2015, a Planned Development Amendment for construction of a 10,400 s.f. one- story daycare on the property was denied by the City due to the size of the building being too big for the property and inconsistent with the Planned Development, building materials not meeting City Code requirements, and the increase in traffic on Knob Drive. In March 2016, the City approved a Rezoning of the property to Limited Business. The Limited Business zoning district allows day care centers as a conditional use. Planning Report — Shingobee Builders June 28, 2016 Page 3 EXISTING CONDITIONS The triangular shaped 1.44 acre site abuts public right-of-way to the west (Knob Drive) and east (Pilot Knob Road). A sidewalk extends along the east side of the property, parallel to Pilot Knob Road. Access to the parcel is from Knob Drive; the plat restricts direct access along the Pilot Knob Road frontage. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Description of Proposal — The proposed development consists of the construction of a single story childcare facility of approximately 10,400 s£ The facility would provide educational and childcare services including infant care, private kindergarten, as well as before/after and half day programs for school-age children. The applicant indicates the facility will operate from 6:30 a.m. to 6:30 p.m. Monday through Friday, and is closed Saturday and Sunday. Compatibility with Surrounding Area — The surrounding area is a mix of single family residential, commercial, and retail uses. The proposed development is intended to blend in both functionally and aesthetically with the surrounding properties and uses. Site Plan — The building is proposed to be located on the southern portion of the property, with parking and stormwater facilities to the north; outdoor playground areas are located east of the building. The playground areas are enclosed by a 6' decorative black metal fence, which will require egress to a public way to be reviewed at the time of Building Permit. Bulk Standards — This section evaluates the proposal against LB zoning standards for setbacks, green space and building coverage ratios, and building height. Existing Use Zoning Land Use Designation North Residential R-1, Single -Family LD, Low Density Residential Residential West Residential; Veterinary R-1, Single -Family LD, Low Density and Medical Office Residential Residential; PD, Planned Development O/S, Office/Service South Medical/Dental Office PD, Planned Development O/S, Office/Special East Church (Beautiful QP, Quasi- PF, Public Facilities; Savior); Commercial Public/Institutional; RC, Retail -Commercial Retail (Hil top Plaza) I NB, Neighborhood Business EVALUATION OF REQUEST Description of Proposal — The proposed development consists of the construction of a single story childcare facility of approximately 10,400 s£ The facility would provide educational and childcare services including infant care, private kindergarten, as well as before/after and half day programs for school-age children. The applicant indicates the facility will operate from 6:30 a.m. to 6:30 p.m. Monday through Friday, and is closed Saturday and Sunday. Compatibility with Surrounding Area — The surrounding area is a mix of single family residential, commercial, and retail uses. The proposed development is intended to blend in both functionally and aesthetically with the surrounding properties and uses. Site Plan — The building is proposed to be located on the southern portion of the property, with parking and stormwater facilities to the north; outdoor playground areas are located east of the building. The playground areas are enclosed by a 6' decorative black metal fence, which will require egress to a public way to be reviewed at the time of Building Permit. Bulk Standards — This section evaluates the proposal against LB zoning standards for setbacks, green space and building coverage ratios, and building height. Planning Report — Shingobee Builders June 28, 2016 Page 4 Setbacks — Both parking and building setbacks are satisfied. The following minimum setbacks apply to the property: Knob Drive Building 30' Parking 20' Pilot Knob Rd. Side Yard 50' 10' 20' 5' Green Space — Commercial properties are subject to providing a minimum 30% green space. The proposed development provides 48.6% green space. Building Coverage — The proposed building coverage ratio is 16.5%, which is less than the LB standard of a maximum 20% building to lot area ratio. Building Height — Proposed building height is approximately 18', as measured to mean roof height, and 24'6" to the peak roof height. This is less than the ordinance standard of 30' maximum mean roof height. Parking — The Site Plan proposes a total of 31 parking stalls for the approximately 10,400 s.f. daycare. This is consistent with the typical standard for daycare facilities of ten parking stalls plus one stall for each 500 square feet of building. The dimensional standards in the City Code also appear to be satisfied. The proposed parking stalls are 10' x 19', with a 24' two-way drive aisle. The proposed parking meets the City Code standards for daily needs. Occasional special events throughout the year may result in a need for overflow parking. On -street parking is currently available along Knob Drive for this occasional use. The applicant should note winter parking restrictions may limit availability of on -street parking during winter months. According to the applicant, there will be one or two school vans that will be kept on the property on an on-going basis, similar to other daycare providers in the City. These vehicles are used to transport children to and from elementary schools in: the area. The vehicles fit in a regular parking stall, and such parking is permitted by City Code. There should be no more than two such vans kept on the property. Building Elevations/Architecture — The proposed building architecture is quasi -residential with a brick and siding exterior, pitched roof and asphalt shingles. Two types of Class I materials (brick and glass) are utilized, along with a Class III material, (LP Smart Side, an engineered wood lap siding). The mechanical well screen wall and decorative dormers break up the roof line, and utilize the same LP Smart Side lap siding as elsewhere on the building. The brick is concentrated on the longer east and west building walls. The Class III lap siding contributes to the quasi -residential architecture, and is used primarily on the north and south elevations which are the gable ends of the roof, on the sides of the rooftop dormers, and for the rooftop mechanical screening enclosure. Planning Report — Shingobee Builders June 28, 2016 Page 5 The ordinance requirements pertaining to LB zoning requires at least two Class I materials shall be utilized, comprising at least 65% of the building, and up to 35% Class III or IV materials. In the aggregate, 72.5% of the building exterior is Class I materials. The project architect has included the insulated steel doors in the Class I calculations due to their durability; typically the doors would be classified as a Class III or accent material. Omitting the doors from the Class I materials still achieves a 65.1% ratio of Class I materials overall. A strict 65% Class I ratio is not achieved on each elevation independently, and more specifically on the north and south elevations which are the shorter sides of the building and the gable ends. In part this is due to the elements on the roof which are recessed from the building fagade, such as the mechanical well screening, gables, and dormers. Omitting those recessed rooftop elements from the calculations yields Class I ratios above 65% on the north and south fagades. Building Address Numbers — Building address numbers should be installed consistent with the provisions of Section 2.78 of City Code. Landscaping/Screening — The Landscape Plan appears acceptable. The plan shows a variety of deciduous and evergreen shrubs, trees and perennials throughout the property. The east side of the site is proposed to be landscaped with a continuous row of dogwood and arbor vitae between the parking lot and Pilot Knob Road. On the west side, a row of Compact Cranberrybush shrubs screens parking from Knob Drive. Shade trees are proposed around the edge of the playground area and along the west side of the building. Shade trees also line the parking lot. The narrow north end of the property includes a few ornamental and evergreen trees near the stormwater basin. Both the trash enclosure and transformer equipment are landscaped with screening plant materials. Automatic irrigation should be provided for all landscaped areas, and should be noted on a revised Final Landscape Plan prior to release of the Conditional Use Permit for recording. A financial guarantee for installation of the landscaping should be provided in accordance with the City's Landscape Ordinance, at the time of Building Permit. Trash Storage — A trash enclosure is located at the northwest corner of the building, and is attached. The trash enclosure meets the minimum 30' structure setback from Knob Drive and is landscaped on both sides. The trash enclosure is proposed to be constructed of brick to match the building. The enclosure should be large enough to contain both trash and recyclable materials containers and should be constructed of materials to match the building with an opaque gate that is compatible with the building finish materials. Mechanical Equipment — City Code requires a minimum 30" parapet or screen wall for new buildings, and that rooftop mechanical units be placed at least 20' from the edge of the building. The building architecture provides a pitched roof design with a screen wall around a mechanical well designed to hold the rooftop equipment. The mechanical well is in the center of the Planning Report — Shingobee Builders June 28, 2016 Page 6 building, the screen wall is greater than 30" height is part of the roof design, and is made of materials that match other architectural features of the building. A ground mounted electrical transformer is located off the northeast corner of the building. The landscape plan shows landscaping on all four sides of the transformer; three of which include evergreen shrubs. Site Lighting — The City Code states "Site lighting is required as is necessary for security, safety and traffic circulation. Such illumination shall be indirect and diffused or shielded. Lighting shall not be directed upon public rights-of-way or adjacent properties and the source of light shall not be visible from off the property." The Site Lighting Plan proposes LED light fixtures on a 20' pole, and wall packs on the building. The photometric plan appears acceptable. Minimum illumination levels of 0.5 footcandles are indicated throughout the parking lot, with light levels below one footcandle at the site perimeter and near zero on the west side adjacent to Knob Drive. Site Grading — Site grading occurred with previous development to the south. The site generally slopes from south to north to south, with elevations ranging from 946 to 921. The preliminary Grading Plan is acceptable, with modification. 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 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. Storm Water Management/Water Quality and Stormwater Drainage — The applicant proposes a new development on vacant property, resulting in 0.74 acres of new impervious surface, and an additional 0.71 acres of disturbed/graded soils, on the 1.44 -acre site. This new development will need to comply with the City's Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Planning Report— Shingobee Builders June 28, 2016 Page 7 Control and 1.1" Volume Control (including Soil Management Strategies to restore permeability to disturbedsoils that are to be revegetated). The applicant proposes to meet City water quality requirements through construction of one vegetated infiltration basin with one sump manhole upstream of the basin inlet for pretreatment. Rate control is proposed to be provided by the infiltration basin. Eagan Water Resources has reviewed the applicant's plans, stormwater design summary and modeling provided for stormwater management and finds the proposed plans to meet City Code §4.34 Post -Construction Stormwater Management Requirements are acceptable with conditions to ensure infiltration capability, stable inlet, effective pre-treatment, effective soil remediation to restore soil permeability (on all disturbed soils that are to be revegetated), construction techniques, staging and oversight, and future maintenance for continued function. Storm Water Drainage — The entire site lies within Drainage District B (as designated in the City Storm Water Management Plan — 2007). The preliminary storm drainage plan is acceptable. Private storm sewer would be installed throughout the site, and be directed into an infiltration basin to be built at the north end of the parcel. The infiltration basin would be connected to the public storm sewer along Knob Drive, which ultimately flows to city pond BP -27 to the west. Utilities — The preliminary utility plan is acceptable, with modification. Lateral sanitary sewer and water main service stubs of sufficient size, depth, and capacity are available for connection to this development. Sanitary sewer District N (as designated in the City's Comprehensive Sanitary Sewer Plan) serves the entire site. This development should provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. In 2004, the Eagan Technology Task Force recommended that broadband and fiber optic telecommunications networks be expanded in the city wherever possible. The applicant should submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the premises (FTTP) The applicant should provide such a plan for review and approval by City staff. This development should include the installation of fiber optic cable, or a conduit for future installation, in its construction plans at the time of Building Permit. Streets/Access/Pedestrian Circulation — This property will take direct access to Knob Drive, which is a 32 foot wide, two lane, local street with a statutory speed limit of 30 mph, and parking allowed on both sides. A traffic study was performed from Aug. 8, 2015, to Aug. 10, 2015, to determine the current traffic volumes and speeds on Knob Drive. The study showed an average volume of 315 vehicles per day, and an 85th percentile speed (speed at which 85% of vehicles are traveling at, or below) of approximately 29 mph. The existing traffic volumes and speeds are generally considered very low compared to other residential streets throughout the city. The proposed preschool is estimated to Planning Report — Shingobee Builders June 28, 2016 Page 8 generate approximately an additional 400 vehicles per day. The combination of existing and new traffic generated by the preschool is well within the capacity of the roadway. The proposal includes a looped driveway with two access locations on Knob Drive. Construction of those driveways will require removal of concrete curb and gutter along Knob Drive. The developer should be responsible to restore the street, curb and gutter, and boulevard in a manner acceptable to the City Engineer. An existing bituminous trail is located along the western boulevard of Pilot Knob Road. No new pedestrian facilities are proposed with this development. Signage — All signage is subject to City Code standards, and requires a Sign Permit prior to installation. City Code allows one monument sign and up to three building signs on two building elevations. The proposal shows one building sign on the north fagade on the gable wall over the front building entrance. A monument sign is proposed on the west side of the property along Knob Drive, which satisfies the minimum 10' setback from the right-of-way. Financial Obligation — At this time, there are no pending assessments on the parcel. Based upon a study by City staff of the financial obligations collected in the past and proposed use for the property, all trunk utility fees have been previously collected for this property. Tree Preservation — There are no tree preservation issues associated with this development proposal. Parks and Recreation — The development is subject to cash park and trail dedications payable at the time of Building Permit at the rates then in effect. The 2016 park dedication rate is $912 per 1,000 s,f. of building, and trail dedication is $1,251 per net acre of land area. SUMMARY/CONCLUSION Shingobee Builders is requesting approval of a Conditional Use Permit to allow an approximately 10,400 s.f. single -story childcare facility upon the property at 4150 Knob Drive. The property is zoned Limited Business, which allows day care centers as a conditional use. The proposed childcare facility appears to be compatible with adjacent uses and is consistent with the underlying land use designation. The building is designed with a quasi -residential character to blend with both existing commercial uses in the area and the residential development to the west. There are no Variances associated with this proposal. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to allow a daycare facility upon property located at 4150 Knob Drive. Planning Report — Shingobee Builders June 28, 2016 Page 9 If approved the following conditions shall apply: 1. This Conditional Use Permit shall be recorded with the Dakota County Recorder's office within 60 days of approval by the City Council, with the following exhibits: • Site Plan dated June 17, 2016 2. There shall be no more than two school vans/buses kept on the property, and such vehicles must be parked within a standard parking stall. 3. The building shall meet City Code standards for exterior materials to be verified at the time of Building Permit application. 4. Building address numbers shall be reviewed for consistency with the standards in Section 2.78 of City Code, and new address number signs installed if necessary to achieve compliance. 5. The developer shall submit a revised Landscape Plan which includes automatic irrigation prior to release of the Conditional Use Permit for recording. 6. A financial guarantee for installation of the landscaping shall be provided in accordance with the City's landscape ordinance at the time of Building Permit. 7. The trash enclosure shall be constructed of brick to match the building, with an opaque gate that is compatible with the building finish materials. 8. 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. 9. A detailed land disturbance and erosion control plan shall be prepared in accordance with current City land disturbance and erosion control regulations and submitted prior to any site disturbance. 10. 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. Planning Report — Shingobee Builders June 28, 2016 Paae 10 11. This development shall meet the City's Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1" Volume Control on the site's new and fully - reconstructed impervious surface area (including effective soil remediation for the site's disturbed soils that are to be revegetated). 12. Prior to receiving city approval to permit land disturbing activity, the developer shall provide the City with soil boring logs from a minimum of two soil -borings within any proposed infiltration area, extending a minimum of 10' below the bottom of the proposed infiltration feature, to evaluate and ensure suitability for infiltration. If the soil boring logs indicate incompatibility of existing sub -soil permeability with the submitted and reviewed design plans for meeting volume control requirements, the developer shall revise the design and/or construction plans (e.g. over-excavation/soil-amendment depth, etc.) to ensure volume control requirements are fully met. 13. Prior to receiving city approval to permit land disturbing activity, the developer shall provide construction details of any proposed infiltration practice for City review/acceptance by the City Engineer. Construction details shall include infiltration basin cross-section(s), construction sequencing/protection notes, sizing/volume tables, details for stable inlet, overflows, outlets, unobstructed maintenance access areas to inlet/outlet, soil amendment criteria, planting plans/details, etc., to ensure infiltration practice is properly designed, constructed, planted, and adequately protected during / after construction to prevent clogging, and able to be properly maintained (e.g. unobstructed equipment access, etc.) to function as intended. These graphical details and notes shall be prominently included in all applicable plan sheets (e.g. Erosion & Sediment Control Plan, Grading & Drainage Plan, Utility Plan, Landscape Plan, etc.). 14. Prior to receiving city approval to permit land disturbing activity, the developer shall provide detailed Soil Management Strategies for City review, and acceptance by the City Engineer, that provide for assurances that by final grading the disturbed areas that are to be revegetated will have protected and/or restored soil permeability to non -compacted soil conditions, to comply with Volume Control requirements. These graphical details and notes on soil protection/restoration shall be included in the Stormwater Management Plan and prominently included in all applicable plan sheets (e.g. Erosion & Sediment Control Plan, Grading & Drainage Plan, Utility Plan, Landscape Plan, etc.). 15. Prior to receiving city approval to permit land disturbing activity, the property owner shall enter into a long-term stormwater management system maintenance agreement with the City, detailing the inspection and maintenance required to ensure proper operation and performance of the permanent stormwater management system, in a form acceptable to the City Attorney. 16. During infiltration practice over -excavation and sub -soil work, the developer shall ensure that a Certified Soil Scientist will be present to verify and document that infiltration practice area Planning Report — Shingobee Builders June 28, 2016 Paae 11 sub -soils are suitable for a saturated condition infiltration rate of 1 -inch per hour or greater (but less than 8.0 -inch per hour). If the sub -soil infiltration rates are less than 1 -inch per hour (or greater than 8.0 -inch per hour), the developer shall immediately notify the City Engineer and revise the volume control practice(s) as necessary (e.g. over-excavation/soil-amendment depth, etc.) to ensure volume control requirements are fully met. At completion of final grading within the infiltration basin, but prior to planting, the applicant shall ensure that a soil scientist will be present to verify and document that the infiltration practice is suitable to infiltrate a minimum of 1 -inch per hour or greater in saturated conditions. Documentation shall be provided to the City within 48 -hours after infiltration testing. The developer shall provide the City with 24-hour advance notice of the occurrence of soil infiltration observation and verification. 17. Before the city issues a Certificate of Occupancy on the development site, the developer shall provide the City Engineer as -built plans that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (sump, infiltration practice, etc.), and soil management strategies conform to design and/or construction plans, as approved by the City. As -built volumes (for retention) shall be provided for the infiltration practice. Documentation shall be provided to verify soil management strategy compliance. The developer shall submit to the City Engineer certification that the stormwater management facilities have been installed in accord with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. 18. This developer shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 19. The developer shall submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the premises (FTTP). The development shall include the installation of fiber optic cable, or a conduit for future installation, in its construction plans at the time of Building Permit. 20. The developer shall be responsible to restore the street, curb and gutter, and boulevard in a manner acceptable to the City Engineer. 21. The developer shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to the issuance of a building permit. 22. The development is subject to cash park and trail dedications payable at the time of Building Permit at the rates then in effect. 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To: City of Eagan Planning Commission From: Jon Fahning, Vice President — Real Estate Development Date: May 31, 2016 Re: Request for Conditional Use Permit within the Limited Business District Prestige Preschool Academy - Submittal Narrative On behalf of our tenant, Prestige Preschools Academy, Shingobee Real Estate Company, LLC/Shingobee Builders, Inc. are proposing the development and construction of a child care facility as part of the 1.44 acreas of vacant land (PID##104260002030) near the northwest corner of Pilot Knob Road and Diffley Road. Our request is for the acceptance of the request for a Conditional Use Permit to allow the construction and development of a single -story childcare facility within the Limited Business zoning classification. This location will be part of the Prestige Preschools portfolio within the Twin Cities metro area, with two recent completed in Brooklyn Park and Apple Valley, in addition to two starting construction in Minnetonka. and Maple Grove. Six to eight additional facilities are anticipated for the metropolitan area, including the Eagan trade area. The Conditional Use Permit will allow the construction and development of a single story childcare facility estimated at around 10,000 sf . The facility would be licensed to provide educational and childcare services, including infant care, private kindergarten, along with before and after school, and half day programs, in which the capacity will be deterimned by the childcare licensing application to the State of Minnesota. In addition to the building, the developoment of the site would accommodate playground, outside play area, and adequate parking to service the intended use of the property as depicted in the proposed site plan included as part of the submittal package. The construction of the property is intended to start Fall, 2016, and is anticipated to be completed and delivered to our tenant near June, 2017, to allow for opening. Design, review and final licensing of the facility will determine the final square footage and in turn, the license capacity of the facility. Currently near the site, there is a mix of single family residential, commercial, and retail uses, The development of this property is intented to blend in both functionally and aesthetically with the surrounding properties and uses. The anticpated impact to the site would be one in a positive nature, providing additional services to the needs and desires of the residents of the area while enhancing the current businesses in the area. The proposed use would also provide a positive ...................... -- ....... _.. ...... _..._ ..... Construction kProject Management Real Estate Development I.Ai }g £ I k4 ... 669 North Medina Street PO. Box 8 Loretto, MN 55357 763.479.1300 763,474.326 fax www.shing-obee.com OC EVA City of Eagan Planning Commission May 31, 2016 Page 2 change to the property tax levy on this property. The intent of the location is to build the business based on the current population in the area while also capturing opportunities from the current traffic patterns of both Diffley Road and Pilot Knob Road. With the facility operating from 6:30 AM to 6:30 PM Monday thru Friday and closed on weekends, we see a positive impact to the surrounding businesses based on the enrollment strategy of the facility and a source to additional patrons to the surrounding businesses. The orginally intended use of the property was that of general commercial type facility, as identified in the recent rezoning to Limited Business. The proposed facility and its use would fall into that original intent. It is understood that the current infrastructure (water, sewer, storm water run-off, and roadways) in place was designed to accommodate a commercial -type use, which our proposed function and design would fall into and anticipate operating within the current capacity of the infrastructure in place. The benefit to the area will be provided both from an aesthetic and strategic business increase. The design of the building is intended to blend in with the surrounding commercial and residential neighborhood facilities, which are diverse in nature. Additionally, the development of this site as a childcare facility will continue to demonstrate the growth and focus of the community while completing the development of Knob Hill Professional Park in which is ch property has been sitting vacant for many years. With the facility's exposure on Pilot Knob Road and safe vehicular and pedestrian access from both Pilot Knob Road and DiffeIy Road, we anticipate a positive addition to the neighborhood retail vision of this area. Please feel free to contact me directly with any questions or requirement of further clarifications or information. I can be reached via phone, (763) 479-5637, or'email, ifahning@shingobee.com. G7r June 24, 2016 Mark Oliver 4169 Knob Dr Eagan, MN 55122 Dear Eagan City Planners Re: 4150 Knob Dr Project Our family is a resident of Eagan, residing at 4169 Knob Drive since August 2000. I am understanding this project has been rejected in 2015 and I am unsure what has changed to facilitate a reopening of this matter. We were aware of the plans on the Knob Hill Professional Planned Development when we made the decision to purchase our property. We obviously were aware that our street was a mixture of residential and business. However, the proposed Planned Development Amendment is causing our family great concern. The Planned Development Amendment is primarily attempting to revise the SF of the facility from 5000 SF to 10,400 SF. Traffic. Knob Drive is a cut -through between Pilot Knob and Diffley Road. There is no center line. There are no sidewalks on Knob Drive. We have a significant amount of traffic cutting through during the work time commute 7:30 am — 9:00 and 3:30 —6:30 PM. We have had more than our share of close calls with cars speeding through at speeds up over 50 MPH. The proposed full enrollment for the Prestige center is 204. This is going to result in an additional 100 families dropping off children on Knob Dr during the peak commute time. It was our understanding that the Planned Development was for a Business space which would have customers whith appointments more evenly spaced throughout the day Parking. We understand that the code is dictating a requirement for 41 parking spaces at the facility. With an enrollment of 204 students, that Is going to dictate by licensing a student/teacher ratio such that the staff is going to require at least 30 parking spaces. I see the applicant has calculated that pickup/drop time is such'that the amount of simultaneous parking spaces required is only 10-15 spaces. As a parent who did daycare for 6 years this is not realistic. Our most recent experience was at Primrose on Johnny Cake Ridge road in Eagan. Primrose has 41 parking spots and similar enrollment. Routinely at pickup between 6-6:15 PM I was forced to park at the THINK bank or CVS parking lots. It would have been very concerning to me if I was forced into a street parking situation. The center will have programs and dance recitals etc that will drive the requirement for many more parking spots than can be provided on.the land parcel. We believe the original planners who generated the Planned Development took this into account in dictating the 5000 SF design. The City of Eagan denied a proposed office building in 2002 for the same logic. We are concerned that it's unsafe to be parking Knob Drive for overflow due to multitude of cars speeding by. Thank you for your time. Mark, Dawnette and Kendall Oliver 952-334-2451 Re: Prestige Preschool Academy Conditional Use Application -- They'... https://mail.aol.com/webmail-std/en-us/PrintMessage From: Brent Florine <b.florine@oralsurgerycare.com> To: chasetrouty <chasetrouty@aol.com> Subject: Re: Prestige Preschool Academy Conditional Use Application — They're Back for Round 2M Date: Tue, Jun 28, 2046 7:26 am Karen, Sure, go ahead and share my concerns. Keep me informed about any progress, and if you send me the email of the point person for the city, it would remind me to write to them directly. I did not realize that developers were able to recycle rejected projects to try again. I assume something significant would need to be changed, and I'm curious to see what that is. Thanks, Brent On Jun 27, 2016, at 10:28 PM, chasetrouty@aol.com wrote: Thanks, Dr. Florine. Would it be okay with you if I relayed your concerns to the Planning Commission? Frankly, I think your parking lot would be a prime "target" for the overflow parking, and we share your concerns about parents crossing the street with children in tow, especially with the traffic cutting the corner short by using Knob Drive as a pass through. Regards, Karen Plehier-Shaw Sent from my !Pad On Jun 27, 2016, at 9:38 PM, Brent Florine <b.floring _oralsurgerycare.com> wrote: Karen, I am unable to attend, but I have concerns mainly about parking. If their lot is not large enough to accommodate the large influx of cars that will come at drop off and pick up times, it will not be safe for the children. If parents park in the street or in neighboring parking lots, walking onto the street with one or more kids in tow will put everyone at risk. Many drivers use Knob Drive as a cutoff to avoid the Pilot Knob/Diffiey intersection. They are in a hurry and will not be watching for kids. They would not have been able to manufacture any more parking. If their plan calls for the same size facility, it will still not be safe. And I hope the Council is not considering making Knob Drive a cul-de-sac. That would hurt the business owners who have been here even longer than the homeowners. Thanks for your work, Brent Florine On Jun 24, 2016, at 9:05 AM, Karen Piehler-Shaw <chasetroulyp_aol.com> wrote: H! All, I hope you have all seen the notice about the Daycare once again wanting to build on the empty lot located on Knob Drive. Attached is a copy of part (of 3 6/28/2016 1:02 PM Re: Prestige Preschool Academy Conditional Use Application -- They'... https://maii.aol.com/webmaii-std/en-us/PrintMessage of the plans they submitted to the city that I went to City Hall to review earlier this week. The report from the Planning Commission is not going to be available until sometime today -- which we can get from the city's website. From what Dennis and I could tell, nothing has really changed about the plans, except that they added a bit more brick to the exterior. The narrative they submitted to the city has few details (like how many children they are planning for, and how they plan to address traffic and parking issues). It looks like we are essentially back to where this started last year, and our concerns have not been addressed. I hope that we can once again come together to make sure our voices are heard. The Planning Commission meets this Tuesday, June 28 at 6:30 at the City Hall Chambers. We need as many people there as possible, asking questions, asking for definitive answers, and expressing our concerns. Please let me know if you can attend the meeting. If you cannot attend, please email me, letting me know you share our concerns, so I can let the Commission know how many neighbors are concerned about this plan Also send me any questions that you have and I will address those with the Commission. Thank you all for taking the time to get involved in this...we need as much help and support as we can pull togetherl Karen Piehler-Shaw 4165 Knob Drive 612-210-5131 -----Original Message --- From: Karen Piehler-Shaw <chasetrou1y 2aol.com> To: dennisjshaw <dennis"s! haw0gmail.com>; kaulfamily <kaulfamily@comcast.n®#>; dmariette <dmariette[c_,gmail.com>; dawnette.oliver <dawneiie.oliver mail.com>; c.bour <c.bou[Gcomcast.net>; kane9999 <kane9999@omail. m>; theschus <theschusO,comcast.net>; dbeckerwx <dbecker.wx0gmail.com>; kathyzerrn <kath zCa7mg ail.�m>; ogawas4 <ogawas4 .hotmail.com>; Ijolson2001 <Iiolson20016_yahoo.com>; hughesylee <huahesylee@yahoo.com>; Ibsimonson <Ibsimonson@comsact.net>; pethelp < thel pilotknobah.com>; b.florine<b.florina99ora1surgerycare.com>; hilo0003 <hilo0003Coihotmail.com>; Jennifer <jennifer „eaganfamilydentist!3.com> Sent: Mon, Aug 17, 2015 10:01 am Subject: Fwd: Prestige Preschool Academy Planned Development Amendment Hi All, Attached is some additional information that I sent to the City Clerk for distribution to the Mayor and City Council before tomorrow night's meeting regarding the Prestige Preschool Academy build. Based on our conversations with the City Council members, we need as many neighbors and buisness owners there as possible, so please plan to attend as a show of support regarding our concerns with this plan. If you have any additional thoughts reagarding this matter, please email me of 3 6/28/2016 1:02 PM Re: Prestige Preschool Academy Conditional Use Application -- ey'... https://mail.aol om/webmail-std/en-us/PrintA4essage 11 From: Angela Hilo <hilo0003@hotmaii.eom> AF - To: Dawnette Oliver <dawnette.oliver@gmail.com>; chasetrouty <chasetrouty@aol.com>; c.bour <c.bour@comcast.net>; hughesylee <hughesyiee@yahoo.com>; Ibsimonson <Ibsimonson@oomsact.net>; pethelp <pethelp@pilotknobah.com>; b.fiorine <b.florine@oralsurgerycare.com>; office <office@eaganfamilydentistry.com>: dbeckenwx <dbecker.wx@gmail.com>; Jennifer<jennifer@eaganfamilydentistry.com>; kaulfamily <kaulfamily@comeast.net>; ogawas4 <ogawas4@hotmail.com>; dmariette <dmariette@gmail.com>; theschus <theschus@comcast.net>; dennisjshaw <dennisjshaw@gmail.00m>; kathyzerrn <kathyzerrn@gmail.com>; kane9999 <kane9999@gmail.com>; Ijolson2001 <IJolson2001@yahoo.eom> Subject: Re: Prestige Preschool Academy Conditional Use Application — They're Back fior Round 2111 Date: Tue, Jun 28, 2016 11:11 am Hello Karen and neighbors, Jeff Rud and I will also not be able to attend the meeting tonight. We echo Dr. Florine's concerns about the parking and the large increase of traffic on Knob Drive. The daycare's peak traffic times will coincide with peak traffic times on Pilot Knob Road and Diffley Road. As we all know, it is difficult and often dangerous to make a left turn (or even a right turn) on to either of these roads at rush hour times. To greatly increase the the number of cars trying to turn onto Pilot Knob Road and Diffley Road from Knob Drive during the morning and evening rush hours, will certainly lead to traffic back-ups on Knob Drive and unsafe driving conditions. This will be a daily concern for the homeowners, the business tenants and our patients. We would also hope to see a more attractive plan for the design of the building, and hopefully the side that would back up to the 4178 Building will be of the same grade of building materials and design as the other sides. Thanks for organizing, Angie Hilo Eagan Family Dentistry From: Dawnette Oliver <dawnette.oliver@gmaiLcom> Sent: Tuesday, June 28, 2016 9:55:26 AM To: chasetroutv@aol.com: c.bour@comcast.net; hughesylee@yahoo.com Ibsimonson@comsact.net; pethely@pilotknobah.com: b.florine@oralsyMervcare.com; office@eaganfamiiydentist[X.com dbecker.wx@gmail.coma hilo0003@hotmail.com; yennifer@eaganfamilydentistrv.com; kaulfamily@comcast.net: ogawas4 hotmail.com; dmariette@gmail.com; theschus@comcast.net: dennisishawfa gmail.com; kathyzerrn@gmail.com; kane9999@gmaiLcom;Iiolson2001@vahoo.com Subject: RE: Prestige Preschool Academy Conditional Use Application They're Back for Round 2111 We will not be attending tonight's meeting, a swe are in Nisswa, Mn. Can someone please read our letter at the meeting? See attached for letter. Thanks and good luck! Dawnette and Mark of 4 6/28/2016 12:58 PM Re: Prestige Preschool Academy Conditional Use Application -- They ...ttps://.m il. ol.com/we ail-std/en-us/NntMessage 47SIV,��u From: Liana Ogawa <ogawas4@hotmail.com> To: Karen Piehler--Shaw <chasetrouty@aol.com} Subject: Re: Prestige Preschool Academy Conditional Use Application — They're Back for Round 2111 Date: Tue, Jun 28, 2016 12:06 pm Hi Karen, Thanks for making sure all of us are informed of tonight's meeting. Unfortunately, both Mark and I have commitments tonight. We are not in favor of the Preschool. We were not in favor before and nothing has changed. Thanks again. � Mark and Liana Ogawa From: Karen Piehler-Shaw <chasetrouty@aoi.com> Sent: Friday, June 24, 2016 9:05 AM To: chasetrouty@aol.com; dennisjshaw@gmaii.com; kaulfamily@comcast.net; dmariette@gmall.com; dawnette.oliver@gmail.com; c.bour@comcast.net, kane9999@gmail.com; theschus@comcast.net; dbeckerwx@gmail.com; kathyzerrn@gmall.com; ogawas4@hotmail.com; liolson2001@yahoo.com; hughesylee@yahoo.com; lbsimonson@comsact.net; pethelp@pilotknobah.com; b.florine@oraisurgerycare.com; hilo0003@hotmail.com; jennifer@eaganfamilydentistry.com; office@eaganfamilydentistry.com Subject: Re: Prestige Preschool Academy Conditional Use Application -- They're Back for Round 2111 Hi All, I hope you have all seen the notice about the Daycare once again wanting to build on the empty lot located on Knob Drive. Attached is a copy of part of the plans they submitted to the city that I went to City Hall to review earlier this week. The report from the Planning Commission is not going to be available until sometime today -- which we can get from the city's website. From what Dennis and I could tell, nothing has really changed about the plans, except that they added a bit more brick to the exterior. The narrative they submitted to the city has few details (like how many children they are planning for, and how they plan to address traffic and parking issues). It looks like we are essentially back to where this started last year, and our concerns have not been addressed. I hope that we can once again come together to make sure our voices are heard. The Planning Commission meets this Tuesday, June 28 at 6:30 at the City Hall Chambers. We need as many people there as possible, asking questions, asking for definitive answers, and expressing our concerns. Please let me know if you can attend the meeting. If you cannot attend, please email me, letting me know you share our concerns, so I can let the Commission know how many neighbors are concerned about this plan Also send me any questions that you have and I will address those with the Commission. Thank you all for taking the time to get involved in this ... we need as much help and support as we can pull together! Karen Piehler-Shaw 4165 Knob Drive 612-210-5131 -----Original Message ----- of 2 6/28/2016 12:58 PM BRENr L. FLORINE DD S. Oral and Maxillofacial Surgery 4151 Knob Drive, Suite 101 • Eagan, MN 55122 651.688.8592 o zozozo.oralsurgerycare.com July 1, 2016 RE: Case #21 -CU -08-05-16 Conditional Use Permit — Prestige Preschool Academy Dear City Council and Mayor, Diplomate American Board of Oral and Maxillofacial Surgery This Conditional Use Permit gives me safety concerns for the children who would attend the preschool. What was essentially the same proposal was DENIED last year for a number of good reasons. Some administrative sleight of hand reclassified the parcel so that it is no longer bound by a 5,000 sf size limitation. The building proposed last year was DENIED in part because of its size relative to the parcel; administrative reclassification did not increase the size of the lot and the recycled but essentially identical proposed building and use have the same characteristics that led to DENIAL of the conditional use permit last year. My biggest concern is that the size of the parking lot would not contain the number of cars that will be at the center at peak times. Fifteen employees means that sixteen spots will be available for 178 children, and most of the drop off and pick up will occur during peak times. That's more than eleven children per parking spot, concentrated in two short periods of the day. There would be consistent use of the street and probably my parking lot by parents who are in a hurry to get to work and do not care to wait for a spot to open up in the center's lot. There would be a steady flow of young and old pedestrians on the street, crossing the street, getting in and out of cars parked on the street; most during rush hour traffic on the street itself when many of the drivers are in a hurry themselves to get to or from work. Parents with multiple children would be challenged to keep toddlers and preschoolers out of harm's way while crossing or walking on a busy street. Children this young just don't understand how tragic it can be if they wander or run away from their parent for just a moment. I appreciate the difficulty of developing this parcel, but the parcel has not changed from the time it was purchased. Retrofitting regulations to accommodate an odd -sized lot is not an entitlement for a developer. Whatever this parcel is used for should be a self-contained entity that does not in the planning stage depend on the "existing, off-street parking available that was provided and allowed by the City of Eagan along Knob Road (sic)" and "available for use as overflow parking as needed for our Tenant." (Quoted from letter of explanation from developer Jon Fahning to Eagan City Council June 29, 2016.) This proposal should be DENIED for reasons of safety for our children. Say what you will about zoning reclassification, materials upgrades and parking formulas, this proposal does not pass the smell test and it should be DENIED, just as the essentially same proposal was DENIED last year. Re pectfuli Submi ted,\ Dr. Brent Florine We respectfully request that the Mayor of Eagan and the Eagan City Council members deny the Conditional Use application related to the development of the property located at 4150 Knob Drive; Lot 3, Block 2, Knob Hill Professional Park due to the issues related to limited on-site parking, the impact on the access to the neighborhood and the safety of the residents due to the significant increase in the amount of vehicle traffic on Knob Drive, and other issues addressed by the neighbors representing us at the City Council meeting, that will occur if the Shingobee Real Estate development plan is allowed to move forward. _ry Sighature <q% `< Street Address Signature Street Address Signature Street Address Signature Street Address Printed Name Eagan, MN 55122 City, State, Zip Code P�-c-,LvJ A. i� Printed Name Eagan, MN 55122 City, State, Zip Code Printed Name Eagan, MN 55122 City, State, Zip Code l'y1( SltF (") C�AwC' Printed Name Eagan, MN 55122 City, State, Zip Code AA Signature r� Street Address -&� 4 -o --e — Signature Street Address Signature Street Address Printed Name Eagan, MN 55122 City, State, Zip Code , � (I -b Printed Name Eagan, MN 55122 City, State, Zip Code Al jr Printed Name Eagan, MN 55122 City, State, Zip Code Sig ature �((R(K n,,bb V� Street Address Signature T Street Address Si nature Y& Street Address Printed Name Eagan, MN 55122 City, State, Zip Code �aj'u'� 0 l ,, Printed Name Eagan, MN 55122 City, State, Zip Code RV � ��"M Printed Name Eagan, MN 55122 City, State, Zip Code Signature Street Addres i, Sig�n� Lure Street Address Signature Street Address Signature % *;-70-b Street Address a:�In Kjw'Lq- Signature !A,1 e-7- "-I Street Address Printed Name Eagan, MN 55122 City, State, Zip Code Printed Name Eagan, MN 55122 City, State, Zip Code Printed Name Eagan, MN 55122 City, State, Zip Code Printed Name Eagan, MN 55122 City, State, Zip Code Printed Name Eagan, MN 55122 City, State, Zip Code Q' 1K c Signature Printed Name IN It1i_ 6 � � �� Eagan, MN 55122 Street Address City, State, Zip Code Signature 140104 R. 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MEMORANDUM To: City of Eagan City Council From: Jon Fahning, Vice President — Real Estate Development Date: June 29, 2015 Re: Case #21 -CU -08-05-16 Conditional Use Permit — Prestige Preschool Academy Supplemental Information As a follow-up to the Planning Commission Meeting held on June 28, 2016 in which the request for a Conditional Use Permit was recommended for APPROVAL for the Prestige Preschool, I wanted to provide some further insight on key discussion poiontss that occurred on a series of items. Update Following the 2015 APPROVAL by the Planning Commission, which was later denied by City Council based on the variance request of the building size (+/-10,500 sf) in relation to size limited by the PUD (5,000 sf), a series of changes have been made to the property and proposed plans: Property has been rezoned to remove the PUD classification and be regulated under the Limited Business zoning classification, which removed the square footage limitation. Site plan and building has changed from the original application made in 2015 via a series of internal site planning exercises and plan reiterations o Moved the trash enclosure while maintining its connection to the bulding per Cityof Eagan code o Reconfigured the building to eliminate any encroachments into the set back o Maintained current location of existing retaining wall of the adjacent property, although it encroaches onto the property proposed for development o No variances are being requested in comparison to previous submittal All building material requirements per code have been satisfied No encroachments into the setbacks by the building exist • All setback requirements have been satisfied per code • No variances are being requested 0 Green space has been increased to achieve 48.6% in comparison to 30% required per code Construction I Project Management I Real Estate Development 669 North Medina Street P.O. Box 8 Loretto, MN 55357 763.479.1300 763.479.326MAw.shingobee.com City of Eagan City Council June 30, 2016 Page 2 0 Building coveage ratio has been decreased to 16.5%, falling under the 20% maximum allowed per code 0 Building height remains under the 30' mean height maximum, maintaining a 18' mean height (24'-6" peak roof height) 0 Parking meets City of Eagan code — 31 spaces Many of the concerns previoulsy raised and heard again at the June 28th Planning Commission meeting, are those of that would be of concern in a normal residential neighborhood. However, this is not a normal residential neighborhood. As discussed and documented, the residential lots were never intended for this area when the design and development of this area was contemplated during is plat establishment in 1984. The nature of this Knob Hill Professional Park was originally intended to operate as a Business Park, serving as homes to those businesses falling within the Limited Business District. Due to economic factors, the property was later rezoned to allow residential in a portion of the area, however because of the nature of the existing business and zoned property, accommodations were not made to fully reflect a residential neighborhood. During the discussion and public comment following review of Conditional Use Application, where all codes and requirements were met, there were some items that were discussed and addressed that we felt further clarification and insight for accuracy is warranted as the application moves forward for City Council approval. The following provides further explanation and documentation of this information. Licensing In regards to questions regarding capacity and licensing, this is regulated by the State of Minnesota. Per the State of Minnesota regulations, there are series of items that regulate licensing. Two (2) key issues that serve as main licensing points, which were part of the discussion, are clarified below: Limited by the amount of indoor space (35 square feet for each child) o Hallways, stairways, closets, utility rooms, lavatories, water closets, kitchens, and space occupied by cribs MAY NOT be counted as usuable indoor space Teacher to child ratio, based on the following minimums o Infant: 1:4 (Group size — 8) o Toddler: 1:7 (Group size -14) o Preschooler: 1:10 (Group size — 20) o School Age: 1:15 (Group size— 30) City of Eagan City Council June 30, 2016 Page 3 Based on our floor plan proposed for Eagan, the following is a breakdown of our anticipated "student -to -teacher" ratio. Note: this floor plan was recentl submitted and approved by the State of Minnesota for our Brooklyn Park facility, which matches that of the areas proposed for licensing seen in the proposed facility in Eagan, at FULL (100%) capacity. • Young Infants: 8 children maximum • Older Infants: 12 children maximum • Young Toddlers: 14 children maximum • Older Toddlers: 14 children maximum • Junior Preschool: 20 children maximum • Preschool 1: 20 children maximum • Prechool 2: 20 children maximum • Pre -K 1: 20 children maximum • Pre -K 2: 20 children maximum • School Age: 30 children maximum Proposed Licensing Capacity/Total Enrollment 178 children Note: Final Licensing Capacity will be determined by the State of Minnesot, based on final design/floor plan Anticipated Operation Enrollment Level 151 children Please note: In an ideal world, childcare typically operates at 85-90% capacity to allow for movement of children from room to room as they reach the appropriate age. Additionally, the capacities are maximum, under the assumption of a "worst case scenario" (i.e. every child attends every day of the week). The quantities do not reflecct kids that are full time, part time (1, 2, 3, 4, and/or 5 days a week), sick, or may not be in attendance. Also, the Anticipated Operation Enrollment Level quantity does not differentiate between part-time (morning only or afternoon only) vs. full time (all day) each day, nor does it represent part-time (2-3 days per week) vs. full time (every day). With these taken into consideration, daily avereage enrollment levels would be lower than licensing capacity. Based on our existing facilities and at the typical operating capacity, our employee quantities are typically operate around (15) employees, some being full time and some being part time, fluctuating based on enrollment levels. City of Eagan City Council June 30, 2016 Page 4 Parking As noted, the site plan provides parking (31 spaces) that meets the existing code (10 spaces plus 1 space per 500 sf) in place at City of Eagan. After further investigation, it was found the parking requirement for childcare at the City of Eagan matches or exceeds other municipalities. Here are some examples, with number of spaces based on Eagan building size in parentheses: • Brooklyn Park: 1 space per 7 children licensed (25 spaces) • Apple Valley: 10 spaces plus 1 space per 500 sf (31 spaces) • Edina: 1 space per full-time employee plus 1 space per 20 children (30 spaces) • Blaine: 1 space per full-time employee plus adequate off-street parking (21 spaces) Additionally, based on preliminary conversations with our engineering group, based on the design standard established within the City of Eagan Zoning Ordinance, the parking ratio matches that within the Institute of Transportation Engineers, Parking Generation — 4th Addition, manual. As stated during the discussion, there is existing, off-street parking available that was provided and allowed by the City of Eagan along Knob Road. Although we cannot use the parking to fulfill our requirement, it is available for use as overflow parking as needed for our Tenant, along with other busiensses and residences in the area. Traffic It was identified that there is an existing traffic issue in the area, due to the use of Knob Drive as a "cut-thru" between Diffley Road and Pilot Knob Road at certain times of the day. However, it was also noted that the issue being raised is not related to the design standard of the street, as the current traffic levels fall below the minimum range of the design standard as stated by the City Engineer and the traffic study that was completed by the City of Eagan. As noted in the discussion, the original design of Knob Drive was to support commercial and the flow did not originally contemplate residential along this road. When the property to the west of Knob Drive was rezoned to residential, there were a series of items that were not addressed to accommodate this revised land use and is now being recognized as this property undergoes development review. Unfortunately, no matter the use or size of building on this property, traffic patterns along Knob Drive will be an issue with the residents as the intent and the actual use of the street and area as changed. It is unclear on how this situation is allowed to impede the development of this property, as discussed during the previous City Council meeting. City of Eagan City Council June 30, 2016 Page 5 In the effort to further represent the trips generated by childcare, as discussed with limited data, below is a breakdown of traffic patterns for (3) of Prestige Preschools' higher performing and vehicular -dependent facilities within their current portfolio — Irvine, California; Chino Hills, California; and Roseville, California. Based on the "sign -in" and "sign -out" forms from these locations, the following summary provides a snapshot of the traffic patterns: • 6:00 AM — 9:00 AM 43% of trips • 10:00 AM — 3:00 PM 21% of trips • 4:00 PM — 6:00 PM 36% of trips Please note: Based on the operating hours of the childcare, traffic would be limited between the hours of 6: 30 AM to 6: 30 PM, Monday thru Friday, with no operations nor traffic genereated by the childcare facility occurring on the weekends. Also, traffic flow from facility would need to take into consideration that families may have multiple children attending the facility, reducing the trip count. As documented from actual facilities, traffic patterns are at specific times during the day for childcare. In comparison, the traffic generated by those uses (i.e. medical, office, etc. — see below for permitted uses in this zoning district) on a smaller footprint would occur consistently throughout the day, typically having a larger impact on the traffic in the area, during the day based on the use and clientele. This would be in addition to the morning and afternoon patterns related to the arrival and departure of the employees. Additionally, weekend and evening traffic impact may be seen, based on potential uses allowed in this zoning district. Based on prelimnary research and discussions with industry professionals, along with preliminary review of the Institute of Transporation Engineers Manual, 4th Edition, it is clear that there are uses within the permitted and conditional uses of the Limited Business District that would generate equal or greater traffic patterns as a smaller buidling footprint in comparison to a +/- 10,333 sf childcare facility, when compared to the childcare's operating days and times of operation vs. the alternative use's days and times of operation. Design Within the application, elevations and materials breakdowns have been provided that demonstrate the materials proposed that meet the code requirements for the Limited Business classification. From our 2015 submittal, the design of the building has slightly changed (additional architecural features, colors, internal layout, etc.) however the overall look and presentation of the building is matching that of the other facilities that have been built locally (i.e. Apple Valley and Brooklyn Park) and those currently starting construction (Maple Grove and Minnetonka). The general approach to the design is to reflect a residential character (i.e City of Eagan City Council June 30, 2016 Page 6 pitched roof, materials, etc.) while providing a transitional approach to the commercial aspect of the original intent of the current use of other parts of the business park. With the minimal changes in the exterior design and layout since our original application, an additional neighborhood meeting was not held from the original one held on July 20, 2015, in which input was heard and incorporated into the design and planning, as possible, from the neighbors. Uses During the recent public discusison, there was a limited list of potential uses mentioned during the discussion, with the focus around office and medical uses. After further research and based on the Limited Business zoning classification within the City of Eagan, the following list provides further insight of permitted and conditional use, posing potential development opportunity on this property, in addition to childcare: Permitted Uses o Clinics (for human care and medical procedures) o Freestanding satellite dishes o Funeral homes and mortuaries, including crematoriums o Institutional uses: library, swimming pools, churches, public schools, religious centers, health centers, and community buildings o Municipal buildings o Offices (retail sales or warehousing not allowed) o Professional offices, banks, and savings and loan o Public utility tower mounted antennaes Conditional Use o Nursing, rest, retirement homes or hospitals o Art, interior decorating, photographic or music studio, o Radio or television studio o Private clubs or lodges o Museums, art institutions, galleries, and playhouses o Off-site, off-street parking o On -sale liquor in conjunction with restaurant o Restaurant — full service and casual only o Seasonal outdoor sales o Coffee kiosks (drive thru) City of Eagan City Council June 30, 2016 Page 7 Based on the public comments regarding the childcare use, it is evident that some of the uses above , if developed, would potentially serve to be more problematic than the proposed childcare facility, including but not limited to, in relation to the impact of traffic, parking, noise, and other deemed "nuisances, hazards, and saftey issues" to the residential component to the Knob Hill Professional Park. Based on the above information, I will be reaching out to each of you individually to follow up on the above information and application, while willing to listen, discuss, and address any questions you may have related to this project and its application. Please feel free to contact me directly with any questions or requirement of further clarifications or information. I can be reached via phone, (763) 479-5637, or email, jfahning@shingobee.com. Thank you for your review and consideration! Agenda Information Memo July 5, 2016, Eagan City Council Meeting New Business D. Conditional Use Permit— Matheson Gas Action To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) a Conditional Use Permit to allow the outdoor storage of compressed and liquefied gases, storage buildings, as well as vehicles and trailers, on property located at 3191 Mike Collins drive, subject to the conditions listed in the APC minutes. Required Vote For Approval: Majority of Councilmembers present Facts: ➢ The existing 33,000 SF warehouse building, constructed in 2003, is surrounded by drive aisles and parking lots. ➢ The property is 12 acres in size, of which 2.5 acres are wetland. ➢ The property is zoned and surrounded by 1-1 (Limited Industrial) development. ➢ The proposed storage is located to the north, south and rear of the building. ➢ The applicant received a CUP (Conditional Use Permit) for two of the areas in 2015 and later realized additional gases would need to be stored outdoors. The new storage area is located north of the building. ➢ The gases are proposed to be in stored in three separate gated areas. Up to 10 vehicles/trailers are also proposed to be stored at the loading docks at the rear of the building. ➢ The proposed storage is consistent with the outdoor storage requirements found in the City Code. If approved, the requested CUP will replace the CUP approved last year. ➢ A public hearing was held at the June 28, 2016, Advisory Planning Commission meeting and the APC did recommend approval. Issues: None 60 -Day Agency Action Deadline: July 17, 2016 Attachments: (4) NBD-1 Location Map NBD-2 Draft June 28, 2016, APC Minutes NBD-3 Planning Report NBD-4 Exhibits m � C _ L Q ci lL O !- L) 0-o o d N N = r c ® � 2 W) o ■—� Com' ro .FI Rf 0) Q O y N c cy • v � M –� aNi aNi � a m a0 c Ci o E 04 a a s 00 d U o m V r �®� •- 0 V Ci d Z 00 d L a �U 0 Y i i r " e .. WJLLLJ® i aois � TOFF cS »o rc �a O H j p�lA N `m z D,6 a Py PP ppd Q Yj Ic S�P•�E a a ++ V � N aaviewmoo U �• 1@ Im em® 1 Imo^ me m�e em®d Advisory Planning Commission June 28, 2016 Page 21 of 22 E. Matheson Tri -Gas Applicant Name: Michael Summerbell, Matheson Tri -Gas Location: 3191 Mike Collins Drive; Lot 1, Block 1, Eagandale Center Industrial Park No 18 Application: Conditional Use Permit A Conditional Use Permit to allow outdoor storage of compressed and liquefied gases, outdoor parking of tractor, trailers and trucks and accessory buildings for storage. File Number: 11 -CU -07-05-16 City Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated June 23, 2016. 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. Member Piper moved, Member Sagstetter seconded a motion to recommend approval of a Conditional Use Permit to allow outdoor storage of compressedand liquefied gases, storage buildings, as well as vehicles and trailers, subject to the following conditions: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council and proof of its recording provided to the City. 2. The Site Plan shall be revised to incorporate the outdoor storage areas 1-3, 10 vehicle/trailer parking location and bollards onto one single plan. 3. The outdoor storage shall be limited to those items identified, and located as illustrated, on the Site Plan dated April 29, 2016, as revised. 4. The applicant shall install bollards per the revised Site Plan, prior to the placement of the outdoor storage items. 5. No additional outdoor storage shall be allowed. 6. All parking and storage areas shall be properly maintained to prevent deterioration. 7. The chain link and barbed wire fence shall not exceed 7 feet in height. 8. The applicant shall plant the six, 8' Black Hills Spruce per the Landscape Plan prior to October 31, 2016. 9. This CUP is intended and shall supersede and replace any and all Conditional Use Permits previously issued to the Property. All voted in favor. Motion carried 7-0. REPORT DATE: June 23, 2016 APPLICANT: Matheson Gas PLANNING REPORT CITY OF EAGAN CASE: ll -CU -07-05-16 HEARING DATE: June 28, 2016 PROPERTY OWNER: Mike Collins Bldg LLC APPLICATION DATE: May 18, 2016 REQUEST: Conditional Use Permit LOCATION: 3191 Mike Collins Drive PREPARED BY: Sarah Thomas COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to allow outdoor storage of compressed and liquefied gases, storage buildings, as well as vehicles and trailers, upon property located at 3191 Mike Collins Drive. AUTHORITY FOR REVIEW Conditional Use Permit: City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. Planning Report — Matheson Gas June 28, 2016 Page 2 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8. Is appropriate after considering whether the property is in compliance with the City Code. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND/HISTORY The property was platted as Lot 1, Block 1, Eagandale Center Industrial Park No. 18 in 2003. The parcel consists of 11.78 acres, of which 2.5 acres are wetland. In 2015, the applicant received approval of a CUP (Conditional Use Permit) to allow outdoor storage of compressed and liquefied gases, as well as vehicles and trailers, on the subject property. These storage areas were located adjacent to the south side of the building and to the rear. After the CUP was approved, it was determined additional gases would need to be stored outdoors, due to industry standards, which would impact the outdoor storage locations and approvals. The new outdoor storage CUP request will replace the existing approvals on the property. EXISTING CONDITIONS The 33,000 SF warehouse building and parking lot were constructed with the original development of the site in 2004. The building is surrounded by parking lots and drive aisles and access is provided to Mike Collins Drive. Planning Report — Matheson Gas June 28, 2016 Page 3 The building is connected to City sewer and water services. Standard drainage and utility easements are located along the west and east sides of the property, an easement covers City Pond EP -1 on the north side of the property, and Northern States Power has a 50 foot wide easement along the west property line. A railway owned by Canadian Pacific Railroad is immediately west of the property. The site is heavily treed around the perimeter of the pond, and the rest of the site is generally open. SURROUNDING USES The subject site is surrounded by I-1, Limited Industrial properties. EVALUATION OF REQUEST Compatibility with Surrounding — Outdoor storage is a conditional use in the I-1 zoning district. The proposed use appears generally compatible with the surrounding properties and existing uses. Site Plan — Outdoor storage is proposed in three areas on the site (identified 1-3 on the Site Plan) consisting of compressed and liquefied gases, storage buildings, as well as vehicles and trailers. The proposed storage located north of the building (Storage Area 2) was not part of the 2015 CUP. A portion of the existing asphalt parking lot on both the north and west side of the building, and a portion of the grass island at the south end of the building, would be removed and replaced with concrete pads to be used for the storage areas. Bollards, concrete curb and a 7' chain link fence with barbed wire atop are shown around both areas where storage tanks are proposed. Similar fencing is also proposed in the grass area, located south of the building. Public Safety has reviewed the perimeter containment and finds it in compliance with the Fire Code. Outdoor Storage Requirements — 1. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I--1) and general industrial (I--2) zoning districts, the enclosure may be detached from the principal building. A total of 10 tractors, trailers and trucks are identified on the Site Plan, located at the loading docks at the back of the building. This area is not proposed to be enclosed. The three locations with gas tank storage are proposed to be enclosed with bollards and fencing. Planning Report — Matheson Gas June 28, 2016 Page 4 2. The storage areas shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. The proposal satisfies this condition. The majority of the outdoor storage occurs in the rear yard with a portion extending into the side yards, north and south of the building. 3. The outdoor storage area shall be screened from view from the public right-of-way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. The proposed storage areas are screened from public right-of-way by the existing building except for approximately 15 feet that extends beyond the south side of the building (Storage Area 3). According to the applicant's narrative, within this area will be "A two-sided structure for the storage of flammable gases ... (with a) canopy and automatic dry -pipe sprinkler system. A three -sided structure constructed of concrete for the storage of silane. This small structure would have a canopy and also have gas monitoring." Two gas storage tanks are also proposed in this area. The area will be screened by a 7' chain link fence. Storage Area 2, located north of the existing building will consist of a HPM (Hazardous Production Material) storage area. This area will include special purpose storage buildings described in detail in the applicant's narrative. The applicant also proposes to plant six, 8' Black Hills Spruce trees in this location to screen the view from the public right-of-way. 4. The storage area shall not interfere with any pedestrian or vehicular movement. The proposal satisfies this condition. The proposed location as identified on the Site Plan allows adequate emergency vehicle access and minimal occurrence of pedestrian movement. 5. The storage area shall not take up required parking spaces or landscaping areas. The proposal satisfies this condition. While Storage Area 2 results in the loss of 16 parking spaces, the applicant's narrative sates, "It is our intention to relocate these 16 parking spaces to the west edge of the property as a continuation of the existing parking on the west edge of the property. The dimensions of these parking spaces will be maintained (10' x 18'). The I-1 zoning district requires a minimum of 25% green space on the property. The proposal only adds 5,600 SF of hardcover to the site which still leaves over 75% of the site as green space. Planning Report — Matheson Gas June 28, 2016 Paee 5 6. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. The proposal satisfies this condition. Wetlands — City Ponds EP -1, classified as a natural wetland, is located along the northeastern portion of this parcel. Because the outdoor storage will not result in any wetland alteration activities, the City's Wetland Protection and Management Regulations (City Code §11.67) do not apply. Stormwater Management/Water Quality — The applicant proposes to increase the amount of impervious surface by approximately 5,600 square -feet. The City's Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality do not apply because the increase in impervious surface is below 10,000 square -feet. Utilities — The existing building on the site is connected to the City sanitary sewer and water main systems. No additional connections are proposed with this application. Streets/Access/Circulation — Public street access will remain unchanged at the existing location onto Mike Collins Drive. Financial Obligation At this time, there are no pending assessments on the parcel. SUMMARY/CONCLUSION The applicant is requesting approval of a Conditional Use Permit to allow outdoor storage of compressed and liquefied gases, storage buildings, as well as vehicles and trailers. The site is located in an industrial area and the proposed outdoor storage satisfies the six outdoor storage criteria. The outdoor storage request includes the areas that were approved in 2015, referred to as Storage Areas 1 and 3 on the Site Plan, as well as the vehicle and trailer parking. The request further incorporates the storage proposed north of the building (Area 2). If approved, this CUP will replace the 2015 CUP. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to allow outdoor storage of compressed and liquefied gases, storage buildings, as well as vehicles and trailers, upon property located at 3191 Mike Collins Drive. If approved, the following conditions shall apply: This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council and proof of its recording provided to the City. 2. The Site Plan shall be revised to incorporate the outdoor storage areas 1-3, 10 vehicle/trailer parking location and bollards onto one single plan. Planning Report — Matheson Gas June 28, 2016 Page 6 3. The outdoor storage shall be limited to those items identified, and located as illustrated, on the Site Plan dated April 29, 2016, as revised. 4. The applicant shall install bollards per the revised Site Plan, prior to the placement of the outdoor storage items. 5. No additional outdoor storage shall be allowed. 6. All parking and storage areas shall be properly maintained to prevent deterioration. 7. The chain link and barbed wire fence shall not exceed 7 feet in height. 8. The applicant shall plant the six, 8' Black Hills Spruce per the Landscape Plan prior to October 31, 2016. 9. This CUP is intended and shall supersede and replace any and all Conditional Use Permits previously issued to the Property. <1Z z LLO 0 r� N 0 a N Ul N N O _C a d m a. U O o p LO 0 <1z a) a) a) LL 0 0 LO 0 0 Cl) V 0. N P O D :a U G 0 P r WU Z 0 v (D Z a) (D O m ow a.w0 Appendix A: Approved in 2015 CUP 1. Cryogenic Storage Tanks 2. Outdoor HPM Storage LR n 1 k$ — I r. I aiY +r X z 1 -93 Ash. 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Drawing of 4 -door HPM Storage unit 3. Drawing of 2 -door HPM Storage unit ptYaac � roMF��lA5fi6X NR p1N ffitF1IX$t ��ICeLdI RW5$ fF• p9tM � ASM 1,W Li9M,6 p�ORi YY�� wpm unwa, sxl iq LN [YS��P Y!�tT PNiI. t.. a IPoOT) N!G1Sa uNrB& tU tr eax ms .. e@sY»sv+ rta@r awr Geta iU w- leu mrte irm lacr m Iw: � r -•—,--......—..,,.......J..,_.._...+"7'^+4 ,_.,_.....1 i =�, I V -- 6a;9�1L��fi � sersrr TMNG tssuaam 1211 e@Mr Slrcrl (WplwZ , YAm@ 2eeia Ne. 8e11 men b�kOEW W + A@FWbYA6 @W4R s- c US. CHEMICAL STORAGE* wawr�a+n +eoW itrcr *aac, w see w. @pp /A%: 1.3]5eeepDl3 g�kjg- M� 1�-Fmrjww�". WA PAW gwau�Sma) IF t. ww (4) Ow 3w�- p- edit txK� t T'=M 40 W rav Dr� 111W .MM [ ME flY4R ND. r-E—m3 Mma .MM [ ME flY4R ND. FM I- U) Q LU M w 0 U) cD z zooJ 0 LU r0i O � co W Q6 N M Q NARRATIVE FOR MATHESON GAS FACILITY at 3191 MIKE COLLINS DRIVE Updated per request by Sarah Thomas, Planner, City of Eagan, MN — See Addenda The zoning classification of 3191 Mike Collins Drive is 1-1. The location was previously used as a trucking distribution center and is currently vacant. Matheson is seeking to relocate from its current location in New Brighton, MN and lease the facility at 3191 Mike Collins Drive to use it as a production and distribution center for various compressed and liquefied gases along with assoclated warehoused hard goods. Cylinder gases which would be filled at this site are: a Medical, Industrial, and high purity grade oxygen 0 Medical,industrial, and high purity grade nitrogen ® Industrial and high purity grade argon o Medical and industrial grade carbon dioxide Medical grade nitrous oxide ® Industrial and high purity grade helium ® industrial shielding gas mixtures containing argon/carbon dioxide/hellum/nitrogen/oxygen Location modifications which would be required to accomplish the production functions are: Outdoor installation of six cryogenic storage tanks which would be used to store liquid oxygen, nitrogen, argon, carbon dioxide, and nitrous oxide. The tank systems would also include the installation of ambient air vaporizers and a pump for each product. Perimeter fencing around the tank pad area would be installed for security and protection. Outdoor storage of a helium tube trailer Creating a room within the current building that is rated for H-3 occupancy to allow for indoor storage and filling of oxygen cylinders. e Outdoor installation of an emergency generator to maintain power in the event of a power outage. 0 At some point in the future, space for a hydrogen tube trailer if justified by business needs. This facility will also serve as a distribution center to serve customers in the Minnesota market. 1n addition to distributing products which will be produced at the facility; company owned vehicles will also deliver welding hard goods and cylinder gases which would not be produced at the facility. Location needs and modifications required to accomplish distribution functions would be: 0 Outdoor parking of tractors, trailers, and trucks installation of modular, fire -rated, special purpose gas cylinder storage buildings for inventorying gases which are classified as hazardous. This special purpose modular building will be equipped with a fire suppression system, gas detection system, and will be continuously ventilated. One storage module will be vented through a special purpose abatement unit which is designed to adsorb any released gas in the unlikely event of a cylinder leak. Cylinder gases inventoried in these storage units will be stored and redistributed. There will be no production or use of these gases at the facility and cylinder valves on these products will not be opened at the facility. • Installation of perimeter fencing around the special purpose gas cylinder storage modules for security and protection. • Construction of a two-sided structure for the storage of flammable gases (i.e. propane, acetylene, hydrogen). This structure would have a canopy and automatic dry -pipe sprinkler system. • Construction of a three -sided structure constructed of concrete for the storage of silane. This small structure would have a canopy and also have gas monitoring. • Installation of perimeter fencing around the flammable gas storage area and silane storage area for security and protection. A projected inventory of each gas type is included with this application under separate attachment. Upon approval by the City of Eagan, Matheson's intent is to start construction as soon as construction permits are issued targeting facility start-up by the fourth quarter of 2016. Addenda— Mav 31.2016 Narrative Update: Existing Conditions —The existing sight consists of a building of approximately 32,000 sq. ft. surrounded by paving intended for use as driveway, truck dock, and vehicle parking. The building is currently subdivided into office and warehouse usage. 2015 CUP Approval —The 2015 CUP approval consisted of utilizing the existing building for purposes of filling and distributing cylinder gases. To support these activities, exterior modifications were requested including 1) concrete tank pad and 2) outside storage for HPM gases and silane. 2016 CUP Request — As with the 2015 CUP, the 2016 CUP request also consists of utilizing the existing building for purposes of filling and distributing cylinder gases. To support these activities, exterior modifications are requested including 1) concrete tank pad, 2) outside storage for HPM gases, and 3) outside storage of flammable gases and silane. The 2015 submission was based on a flammable gas storage pian that was internal to the building. However, it was later identified that exterior storage could be facilitated as depicted in the 2016 CUP request. Storing flammable gases indoors is allowed by codes when following certain design parameters but storing flammable gases outside is generally viewed as an industry best practice. Site Plan Comparlson —2015 CUP vs. 2016 Requested CUP: Please see appendix pages A and B for site plans reviewing the two CUP submittals. Proposed Plan Details: Location of proposed improvements o HPM Storage Area —Located approximately 65' north of the building. o Flammable Gas Storage Area Located adjacent to the southwest corner of the building. This area has been designed with the appropriate fire ratings per NFPA 55 to allow storage close to the main building. Six new 8'tall spruce trees have been included in the plan to block the viewshed lines from Mike Collins Drive. Type and height offences o HPM Storage Area — 7' high chain link with barb wire strands and privacy slats. This area is located across from the main office area so privacy slats have been added for aesthetic improvement. o Tank Pad Area —7' high chain link with barb wire strands o Flammable Gas Storage Area — 7' high chain link with barb wire strands Type and height of enclosures The HPM Storage enclosures are metal storage containers designed by U.S. Chemical Storage specifically for the storage of hazardous gases and chemicals. Two styles are intended to be deployed as part of the HPM Storage plan. Drawings are included in Appendix C. o 2 -door style: L=23'-4"; W=9'-4"; H=9'-4". o 4 -door style: L=27'-4"; W=10'-4"; H=9'-0". o Notes: The westernmost storage unit will Include an exhaust stack 10" high Current fence height has been specified as 7' high chain link with barb and privacy slat. If additional screening is requested, we are open to raising the fence to 9' high. However, to allow diffusion of the exhaust stack effluent, we recommend that the fence height is not extended past 9'. Height of tanks (Same scope as 2015 CUP) o Nitrogen Tank (11,000 gallon) = 34' o Oxygen Tank (11,000 gallon) = 34' a Argon Tank (9,000 gallon) = 29' a Nitrous Oxide Tank (14 Ton Horizontal) = 8' o Carbon Dioxide Tank #1(30 Ton) = 24' o Carbon Dioxide Tank #2 (30 Ton) = 24' Parking o The HPM Storage Area will eliminate 16 parking spaces on the north side of north parking lot. It is our intention to relocate these 16 parking spaces to the west edge of the property as a continuation of the existing parking on the west edge of the property. The dimensions of these parking spaces will be maintained (10'x 18'). New impervious surface onsite: The total new Impervious area will be less than 5600 sq. ft. Detail of the impact of each of the three areas is as follows: 1. Cryogenic Storage Tanks= 0 sq. ft. (entirely replacement of asphalt parking lot) 2. Outdoor HPM Storage =1200 sq. ft. (mostly replacement of asphalt parking lot) 3. Flammable Storage Area= Less than 4400 sq. ft. (trap rock used for some of area) AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER July 5, 2016 A. CALL TO ORDER B. ADOPTAGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes 2. ADOPT resolution to authorize staff to repurchase Lot 1, Block 1, Cedar Grove Parkway 4th Addition. D. OLD BUSINESS E. NEW BUSINESS F. OTHER BUSINESS ;��1�L�DJ7i;l Agenda Information Memo July 5, 2016 Eagan Economic Development Authority Meeting NOTICE OF CONCURRENT ACTIONS The Council acting as the Board of Commissioners of the Economic Development Authority ("EDA") may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPTAGENDA ACTION TO BE CONSIDERED: To adopt the Agenda as presented or modified. C. CONSENTAGENDA ACTION TO BE CONSIDERED: To approve the Consent Agenda as presented or modified. 1. APPROVE MINUTES EDAC1-1 Minutes of the June 21, 2016 EDA meeting. 2. ADOPT resolution authorizing staff to reacquire Lot 1, Block 1, Cedar Grove Parkway 4t" Addition ➢ In February 2014, the EDA entered into a Purchase Agreement to sell approximately .9 acres of land (the "Property") to MHC Cedar Grove, LLC (the "Developer") for the development of a Hilton Home 2 hotel. ➢ The Agreement was amended on three separate occasions and the closing occurred on April 24, 2015. Under Minnesota law, the EDA is required to enter into a repurchase agreement with the developer to make certain that the Property is put to its intended use within one year of purchase. ➢ Due to financing delays, the Developer entered into an amendment to grant additional time for them to commence construction. ➢ By letter dated May 16, 2016, the Developer informed our consultant, Len Pratt, that it was unable to secure the necessary financing and requested that the EDA exercise its option to reacquire the Property. ➢ Staff is requesting that the EDA formally authorize Staff to take all necessary steps to reacquire the Property, including the use of litigation, if the Developer will not voluntarily cooperate in the closing. ➢ The repurchase price for the Property is $413,823.00 (which the sale price of $459,803.00 less the $45,980.00 commission paid by the EDA at the closing). EDAC2-1 Location Map EDAC2-2 Resolution Authorizing Staff to Undertake All Efforts Necessary to Reacquire Lot 1, Block 1, Cedar Grove Parkway 4th Addition D. OLD BUSINESS There are no Old Business items at this time. E. NEW BUSINESS There are no New Business items at this time. F. OTHER BUSINESS There are no other items at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the EDA Meeting. MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota June 21, 2016 A meeting of the Eagan Economic Development Authority was held on Tuesday, June 21, 2016 at the Eagan Municipal Center. Present were President Maguire, Commissioner Bakken, Commissioner Fields, Commissioner Hansen, and Commissioner Tilley. Also present were Executive Director Osberg, City Attorney Dougherty, and Community Development Director Hutmacher. CALL TO ORDER President Maguire called the Economic Development Authority meeting to order. ADOPT AGENDA Commissioner Bakken moved, Commissioner Fields seconded a motion to approve the agenda as presented. Aye:5 Nay:0 CONSENT AGENDA Commissioner Hansen moved, Commissioner Fields seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 1. It was recommended to approve the minutes of April 19, 2016. 2. It was recommended to approve the First Amendment to the Sale and Purchase Agreement for Outlot A, Paragon Addition to CAP Acquisition, LLC. 3. It was recommended to approve a license agreement with Sheehy Construction Company for the temporary use of Outlot A, Paragon Addition, and authorize the President and Executive Director to execute all related documents. There was no Old Business. There was no New Business. There was no Other Business. OLD BUSINESS NEW BUSINESS OTHER BUSINESS ADJOURNMENT Commissioner Bakken moved, Commissioner Fields seconded a motion to adjourn the meeting. Aye: 5 Nay: 0 Date David M. Osberg, Executive Director EXTRACT OF MINUTES OF MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTUORITY DAKOTA COUNTY, MINNESOTA A regular meeting of the Eagan Economic Development Authority of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on July 5, 2106, at 6:30 p.m. The following members were present: Mike Maguire, Cyndee Fields, Meg Tilley, Paul Bakken and Gary Hansen; and the following were absent: none. Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING STAFF TO UNDERTAKE ALL EFFORTS NECESSARY TO REACQUIRE LOT 1, BLOCK 1, CEDAR GROVE PARKWAY 4TH ADDITION. WHEREAS, on April 24, 2015, the EDA conveyed Lot 1, Block 1, Cedar Grove Parkway 4th Addition (the "Property") to MHC Cedar Grove, LLC (the "Developer"); and WHEREAS, as part of closing, the parties entered into a Repurchase Agreement that allows the EDA to reacquire the Property if construction has not commenced within the timeline set forth in the Repurchase Agreement; and WHEREAS, the Developer has indicated that it is unable to secure the necessary financing and has requested that the EDA reacquire the Property. BE IT RESOLVED, by the Eagan Economic Development Authority of the City of Eagan, Dakota County, Minnesota, that the City Staff and the City Attorney are hereby directed to take all steps necessary to reacquire the Property. ADOPTED by the Eagan Economic Development Authority this 5th day of July, 2016. Mike Maguire, President David M. Osberg, Executive Director