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04/04/2017 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING APRIL 4, 2017 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE 11. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) A. APPROVE MINUTES B. PERSONNEL ITEMS C. APPROVE Check Registers D. APPROVE Contracts E. Item removed F. APPROVE Change Order No. 1, Contract 16-15, Central Maintenance Campus—Covered Storage Bins G. APPROVE Final Payment, Contract 16-15, Central Maintenance Campus — Covered Storage Bins H. APPROVE One Year Extension of Cedar Grove Parking Garage and Redevelopment District - Facility Management Services with Cornerstone Parking Group I. APPROVE Joint Powers Agreement with Dakota County for Project 1247 (2017 Citywide Trail Improvements - County Project No.'s 43-48, 32-89, 31-95) J. APPROVE First Amendment to the Sale and Purchase Agreement between Art Works Eagan and the City of Eagan K. SET interest rate on special assessments levied for 2017 at 4% L. APPROVE Exempt Permit for the YMCA of.the Greater Twin Cities to hold a raffle on July 9, 2017 at 1360 Civic Center Drive M. APPROVE Exempt Permit for the Eagan Athletic Association to hold a raffle on May 12-14 at 4201 Lexington Avenue N. APPROVE Final Subdivision and Right -of -Way Vacation for Tipperary Addition O. APPROVE Extension of Preliminary Subdivision approval for Summerbrooke P. SCHEDULE a Public Hearing for April 18, 2017 to consider extension of Minnesota Investment Fund Agreement with Databank Holdings LP Q. APPROVE Resolution and Partnership Agreement to Accept a Cash Donation for Upcoming 2017 Events from Minnesota Pork R. APPROVE Change Order to Agreement with Peters Design Company S. APPROVE Plans and Specifications for Bridle Ridge Building Expansion and authorize the Advertisement for Bids T. APPROVE On -Sale Liquor and Sunday License for KRG, LLC doing business as Green Mill of Eagan, 1940 Rahncliff Court V. PUBLIC HEARINGS A. VACATE Easement —Cedar Grove Gateway 1St Addition VI. OLD BUSINESS A. RECONSIDERATION - Stonehaven Senior Living Developer, LLC -Request to remove condition of Planned Development approval requiring sound attenuation construction standards VII. NEW BUSINESS A. REZONING and PRELIMINARY PLANNED DEVELOPMENT— Minnesota Autism Center— Ryan Companies - A Rezoning from CGD, Cedar Grove District to PD, Planned Development and A Preliminary Planned Development for a single story 19,500 sq. ft. skills development center for students with Autism Spectrum Disorder located at 2100 Silver Bell Road B. PLANNED DEVELOPMENT AMENDMENT- Prime Therapeutics Corporate Facility— Eagan Heights, LLC - A Planned Development Amendment to allow a 5 -story, 410,000 sq. ft. office building and to allow parking as a principal use located at 2900 Ames Crossing Rd and 505 Shanahan Way. VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY A. CALL TO ORDER B. ADOPT AGENDA C. CONSENTAGENDA 1. Approve EDA Minutes 2. Approve a Third Amendment to Sale and Purchase Agreement with Affinity at Eagan, LLC 3. Approve a License Agreement for Construction Staging and Erosion Control with Onion City Lodging, LLC D. PUBLIC HEARING E. OLD BUSINESS F. NEW BUSINESS G. OTHER BUSINESS H. 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 City of Eap memo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR OSBERG DATE: MARCH 31, 2017 SUBJECT: AGENDA INFORMATION FOR APRIL 4, 2017 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the April 4, 2017 City Council agenda, the following items are in order for consideration. Agenda Information Memo April 4, 2017 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 March 14 and March 21, 2017 Special City Council meetings and March 21, 2017 regular City Council meeting as presented or modified. Attachments: (3) CA -1 March 14, 2017 Special City Council Minutes CA -2 March 21, 2017 Special City Council Minutes CA -3 March 21, 2017 City Council Minutes MINUTES SPECIAL CITY COUNCIL MEETING MARCH 14, 2017 5:30 P.M. EAGAN MUNICIPAL CENTER City Councilmembers present: Maguire, Bakken, Fields and Tilley. Councilmember Hansen was absent. City staff present: City Administrator Osberg, Assistant City Administrator Miller, Community Development Director Hutmacher, City Planner Ridley, Planner Dudziak, Planner Thompson, GIS/Community Development Specialist Slettedahl, Parks and Recreation Director Pimental, Communications Director Garrison, and Director of Public Works Matthys. ROLL CALL AND ADOPTION OF THE AGENDA Councilmember Tilley moved, Councilmember Fields seconded a motion to adopt the agenda as presented. Aye: 4 Nay:0 VISITORS TO BE HEARD There were no visitors to be heard. COMPREHENSIVE GUIDE PLAN UPDATE City Administrator Osberg introduced the item noting this is the first meeting for the Planning Commission and City Council to begin the conversation of the 2040 Comprehensive Plan Update. The presentation will generate thoughts and discussion reflecting on what we will be doing in the next year. Osberg noted the Hoisington Koegler Group, under the leadership of Community Development staff, will be working on three elements of the Comprehensive Plan: Leading Land Use, Economic Development, and Housing. Mayor Maguire welcomed the Advisory Planning Commission to the meeting. Each of the Commissioners introduced themselves to the City Council. Brad Scheib, Hoisington Koegler Group, gave a PowerPoint presentation walking through the various aspects of the comprehensive plan update process. Mr. Scheib, City staff, Commission members, and the City Council discussed the approach to public engagement, the regional role in comprehensive planning and Eagan's transformation from a developing city to a developed city. The City Council discussed the need to stay competitive and attract reinvestment in residential and commercial neighborhoods. OTHER BUSINESS There was no other business to be heard. Special City Council Minutes March 14, 2017 Page 2 ADJOURNMENT Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn at 7:10 p.m. Aye:4 Nay:O Date Mayor City Clerk MINUTES SPECIAL CITY COUNCIL MEETING MARCH 21, 2017 6:50 P.M. EAGAN MUNICIPAL CENTER City Councilmembers present: Maguire, Bakken, Fields, Hansen and Tilley. City staff present: City Administrator Osberg, Assistant City Administrator Miller, Communications Director Garrison, Strategic and Digital Marketing Specialist Couillard, Communications Coordinator Foote, Community Development Director Hutmacher, Parks and Recreation Director Pimental, Finance Director Pepper, and Director of Public Works Matthys, Police Chief McDonald. ROLL CALL AND ADOPTION OF THE AGENDA Councilmember Tilley moved, Councilmember Fields seconded a motion to adopt the agenda as presented. Aye: 5 Nay:0 There were no visitors to be heard. VISITORS TO BE HEARD CITY LOGO REVIEW Consultant Allan Peters provided an overview on the City logo development process to date. The Council discussed the process and next steps to engage the community. There was consensus to share the two logo options via a public focus group and a staff focus group. The feedback will be shared with the Council's Communication Committee, and will then be brought back to the Council for final decision sometime in May. The Council thanked Mr. Peters for his work. There was no other business to be heard. OTHER BUSINESS ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn at 7:30 p.m. Aye:5 Nay:O Date Mayor City Clerk MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota March 21, 2017 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields, and Hansen. Councilmember Tilley was absent. A regular meeting of the Eagan City Council was held on Tuesday, March 21, 2017 at 6:00 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. Also present were City Administrator Osberg, Assistant City Administrator Miller, Communications Director Garrison, Finance Director Pepper, Director of Community Development Hutmacher, Public Works Director Matthys, Parks and Recreation Director Pimental, Police Chief McDonald, City Attorney Dougherty, and Executive Assistant Stevenson. AGENDA Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve the agenda as presented. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATION There were no recognitions and presentations to be heard. CONSENT AGENDA Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Consent agenda as presented: Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the February 14, 2017 Special City Council meeting and March 7, 2017 regular City Council meeting as presented or modified. B. Personnel Items: 1. It was recommended to authorize the promotion of Michelle Lutovsky from Clerical Tech 4 in the Engineering Division to Engineering Aide, and authorize the recruitment and replacement of the Clerical Tech 4 position. 2. It was recommended to authorize the hiring of seasonal employees: Barbara Mattson, Amy Presler, Simone Spruce -Torres, and Megan Gibbs. 3. It was recommended to accept the resignation of seasonal employees: Jason Fjelstad, Scott Oneil, and Maxwell Remker. C. It was recommended to ratify the check register dated March 3 and March 10, 2017. D. It was recommended to approve the ordinary and customary contracts with 451St Army Band, Chris Snyder & Third Wheel Project, Gus Sent Me, LaValle Jazz Cats, Mary Gohman and Friends, Pair of 7, Pan -handlers, Premier Latino Events, Remembering Elvis, Retro Soul & The Westside Horns, Rockin Hollywoods, The Bazillions, The Big Epic Show, The Castaways, The Innocent Regge Band, The Northside Dukes, The Sound Exchange, The Tuxedo Band, Czech Area Concertina Club, Roe Family Singers, Geographic Software Specialists, Inc. , Sensus USA Inc. & Sensus Spectrum, LLC, Gallagher Benefit Services, Oppenheimer & Co., Impact Printing, and Northern Natural Gas. E. It was recommended to approve a temporary on -sale liquor license and waive the license fee for Trinity School at River Ridge on April 6, 7, and 8, 2017 at 601 River Ridge Parkway. City Council Meeting Minutes March 21, 2017 2 page F. It was recommended to approve a temporary on -sale liquor license for the Twin Cities Good Time Softball League's North Star Classic on May 27, 28, 2017 at 4201 Lexington Avenue and 980 Northview Park Road. G. It was recommended to adopt a resolution approving an Exempt Permit for the Minnesota Farm Bureau Federation to conduct a raffle on September 15, 2017 at 3080 Eagandale Place. H. It was recommended to approve a resolution modifying fees for permits to keep chickens and beekeeping permits. I. It was recommended to approve an application for a senior citizen deferment of special assessments for Parcel 10-72961-02-080. J. It was recommended to approve a resolution and partnership agreements to accept cash donations from At Home Apartments ($300), and Dakota County Library ($750), and authorize the necessary budget adjustments and direct the Mayor and City Clerk to sign the appropriate documents. K. It was recommended to approve a resolution providing support for the City of Eagan to apply for grant funds through the Minnesota Department of Natural Resources for their 2017 Outdoor Recreation Grant program. L. It was recommended to approve an updated and revised permit and fee for use of UAS within specific parks with the City of Eagan. M. It was recommended to receive the bids for Contract 17-01(2017 City-wide Street Revitalization) and award a contract to McNamara Contracting, Inc. for the base bid in the amount of $1,128,721.80, and authorize the Mayor and City Clerk to execute all related documents. N. It was recommended to receive the bids and award Contract 17-02 (Bur Oaks Pond Protection Project — Pond GP -1.2 Improvements) to Meyer Contracting for the base bid in the amount of $699,996.43, and authorize the Mayor and City Clerk to execute all related documents. O. It was recommended to receive the bids and award Contract 17-03 (Cliff Lake Protection Project — Pond AP -42 Improvements) to G.F. Jedlicki, Inc. for the base bid in the amount of $499,550.00 and authorize the Mayor and City Clerk to execute all related documents. P. It was recommended to receive the bids for Contract 17-05 (2017 Water Quality and Storm Sewer Improvements) and award a contract to BKJ Land Company, for the base bid in the amount of $85,447.45, and authorize the Mayor and City Clerk to execute all related documents. Q. It was recommended to approve the plans and specifications for Contract No. 17-07 (2017 Trail & Parking Lot Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, April 27, 2017. R. It was recommended to approve the plans and specifications for Contract 17-11 (2017 City-wide Sewer Lining — Sanitary Sewer Improvements) and authorize the advertisement for a bid opeing to be held at 11:00 a.m. on Thursday, April 20, 2017 at 3419 Coachman Point. S. It was recommended to declare Northwest Parkway street signs to be surplus property. T. It was recommended to approve pool of Consultant Service providers for lawn mowing, refuse removal, securing vacant buildings and general maintenance for the collection of businesses on the attached list, authorize the City Planner and/or Senior Code Enforcement Technician as the signatory for work orders, and authorize the Mayor and City Clerk to execute all related documents. U. It was recommended to approve a Final Subdivision (Cedar Grove Parkway 5th Addition) to create two lots upon approximately 4.1 acres located east of Nicols Road between Cedar Grove Parkway and Eagan Outlets Parkway. And, approve a Final Planned Development for a 174 -unit multi -family residential development upon Lot 1, Block 1, Cedar Grove Parkway 5th Addition, located east of Nicols Road between Cedar Grove Parkway and Eagan Outlets Parkway. City Council Meeting Minutes March 21, 2017 3 page V. It was recommend to adopt a resolution approving an Exempt Permit for the Eagan High School Boys Hockey Boosters to conduct a raffle on July 16, 2017 at the Eagan Civic Arena, 3870 Pilot Knob Road. PUBLIC HEARINGS Host Approval of Revenue Bonds to be Issued by the City of Minneapolis and The St. Paul HRA on behalf of Allina Health Systems Finance Director Pepper introduced the item noting through the Dorsey & Whitney law firm, Allina Health System is requesting "host approval" from the City of Eagan to refund all or a portion of its Series 2007A, 2009A-1, and 2009A-2 bonds used to construct and improve several of its facilities, including one at 1110 Yankee Doodle Road in Eagan. The existing bonds were issued as tax-exempt conduit debt through the City of Minneapolis and the St. Paul HRA; the proposed refunding bonds will be issued by the same entities. State statute requires Eagan, as "host" of one of the facilities, to hold a public hearing on the bond issue, although the City otherwise has no direct involvement in it. A representative from Dorsey was present and available to answer questions. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion to close the public hearing and authorize a resolution approving the issuance of refunding revenue bonds to be issued by the City of Minneapolis and the St. Paul HRA on behalf of Allina Health System. Aye: 5 Nay: 0 OLD BUSINESS There was no old business to be heard. NEW BUSINESS There was no new business to be heard. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE Public Works Director Matthys introduced the item noting private wireless and cellular service providers are pushing legislation that would allow unregulated access to public right-of-way (ROW) for installation of small cell wireless equipment and distributed antenna systems. No existing for-profit utility companies are allowed unregulated access to the ROW. Matthys noted automatic approval provided by this legislation would limit cities' abilities for managing the ROW and considering elements of public health, safety and aesthetics. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a resolution of support for local decision making and control over public right-of-way with the City's jurisdiction and of City Council Meeting Minutes March 21, 2017 4 page opposition to any legislation that allows private telecommunication companies, specifically, and utilities in general, unregulated access to the public right-of-way. Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA CITY COUNCIL Councilmember Tilley gave positive accolades on the State of the City, and stated Mayor Maguire gave a wonderful presentation. She acknowledged City staff for all of their work on the event. Mayor Maguire thanked City staff and Bald Man Brewing for hosting the State of the City. He acknowledged Dakota County Regional Chamber of Commerce and the Vikings for being sponsors of the event. There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 6:41 p.m. Aye: 5 Nay: 0 Date Mayor City Clerk Agenda Information Memo April 4, 2017 Eagan City Council Meeting CONSENT AGENDA B. Personnel Items ITEM 1. Action To Be Considered: Authorize the hiring of the following seasonal employees: Allen, David M Ronhovde, Vernon M Santori, Terrance J Baxter, Esme Peterson, Kelli Pfaltzgraff, Lindy Farherty, Lauren Arena Softball Umpire Arena Softball Umpire Arena Softball Umpire Guest Services Rep — ECC Guest Services Rep — ECC Guest Services Rep — ECC Guest Services Rep — ECC Agenda Information Memo April 4, 2017 Eagan City Council Meeting CONSENT AGENDA C. Ratify Check Registers Action To Be Considered: To ratify the check registers dated March 17 and 24, 2017 as presented. Attachments: (2) CC -1 Check register dated March 17, 2017 CC -2 Check register dated March 24, 2017 Agenda Information Memo April 4, 2017, Eagan City Council Meeting 1416 ►l;14-kir_T04►U70 D. Approve Contracts Action To Be Considered: To approve the ordinary and customary contracts listed below. Facts: ➢ The contracts listed below are in order for Council approval. Following approval, the contracts will be electronically executed by the Mayor and City Clerk. Contracts to be approved: ➢ Inspection Service Agreement with Summit Companies for sprinkler pipe system inspections at the Eagan Community Center ➢ Retirement Enhancement and Benefit Alternatives Voluntary Employees' Beneficiary Association Adoption Agreement with SELECTACCOUNT for VEBA account administration services ➢ Product Test Agreement with The Toro Company for providing park mowing test sites Attachments: (0) The contracts are available from the City Clerk's Office. Agenda Information Memo April 4, 2017 Eagan City Council Meeting F. Contract 16-15, Central Maintenance Campus Covered Storage Bins Action To Be Considered: Approve Change Order No. 1 to Contract 16-15 (Central Maintenance Campus - Covered Storage Bins) and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Contract 16-15 provided for the construction of covered material storage bins as part of the Phase I of a Central Maintenance Facility expansion. ➢ The proposed revisions as part of Change Order No. 1 provide alterations to the structural columns (support) and concrete dividers. The number of columns would be reduced by one and the divider would become integral to the floor, rather than on top of the floor. These revisions would enhance the storage capabilities for the material. ➢ Change Order No. 1 provides an additional cost of $596.34 (0.25% of original contract) to the contract. The additional cost will be paid via various funds as designated in the 2016-2020 Facilities Capital Improvement Plan. ➢ The costs associated with this Change Order have been reviewed by the project architect and Public Works Department, were determined to be consistent with prices received for similar items on projects within the metropolitan area and have been found to be in order for favorable Council action. Attachments (0) Agenda Information Memo April 4, 2017 Eagan City Council Meeting CONSENT AGENDA G. Contract 16-15, Central Maintenance Facility Covered Storage Bins Action To Be Considered: Approve the final payment for Contract 16-15 (Central Maintenance Facility — Covered Storage Bins) in the amount of $11,774.82 to Greystone Construction and accept the improvements for perpetual City maintenance subject to warranty provisions. Facts: ➢ Contract 16-15 provided for the construction of covered material storage bins as part of the Phase I of a Central Maintenance Facility expansion. ➢ The Contract 16-15 improvements have been completed, inspected by the project architect and representatives of the Public Works Department, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. Attachments (0) Agenda Information Memo April 4, 2017 Eagan City Council Meeting CONSENT AGENDA H. Contract 14-14, Cedar Grove Parking Garage & Redevelopment District Facility Management Services — Contract Extension Action To Be Considered: Approve a one year contract extension for Contract 14-14 (Cedar Grove Parking Garage and Redevelopment District - Facility Management Services) with Cornerstone Parking, Inc., and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ On August 4, 2014, Contract 14-14 was awarded to Cornerstone Parking Inc. to provide for facility management and maintenance services for the Cedar Grove Parking Garage, located at 3950 Eagan Outlets Parkway and opened in August 2014. Landscape and winter maintenance services are also provided for the Redevelopment District under this contract. The contract provides a high level of service for winter maintenance of trails and sidewalks providing access to the Twin Cities Premium Outlets Center and landscape maintenance of City owned property and public right-of-way. ➢ Under this contract, Cornerstone Parking has provided a high level of service within the Cedar Grove Parking Garage and Redevelopment District including cleaning, snow removal, electrical, painting, safety equipment, signs, structural inspection and exterior/landscape control for the past year. ➢ The original contract executed in August 2014, extended in August 2015 and April 2016, provides for periodic review by the City and termination of the contract, if warranted, along with a City option for one-year contract extensions in 2016 and 2017. The contract stipulates the City must give notice to Cornerstone of City intent to renew by May 1, 2017. ➢ A one year extension of the contract with Cornerstone Parking for Contract 14- 14 has been reviewed by the Public Works Department (Engineering) and was found to be in order for favorable Council action. Attachments (0) Agenda Information Memo April 4, 2017 Eagan City Council Meeting CONSENT AGENDA I. Project 1247 - 2017 Citywide Trail & Parking Lot Improvements Joint Powers Agreement Action To Be Considered: Approve a Joint Powers Agreement with the Dakota County Transportation Department for Project 1247 (2017 Citywide Trail and Parking Lot Improvements), including work within County right-of-way in the City of Eagan, and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Trail overlay improvements along various collector streets and County highways are programmed in the City of Eagan's 5 -Year Capital Improvement Program (2017-2021 CIP) and Dakota County's 5 -Year CIP. The improvements consist of trail overlays and reconstruction, including the installation of Americans with Disabilities Act (ADA) compliant pedestrian ramps. ➢ The City is the lead agency for the design and construction management of the trail improvements under Project 1247, including that portion within the County highway right-of-way. ➢ As set forth in the agreement, the City's financial responsibility for the construction of the trail improvements within the County right-of-way would be 45%, with Dakota County financing the remaining 55%. The Major Street Fund would finance the City's share of the costs. ➢ The agreement has been reviewed by the City Attorney and Public Works Department and was found to be similar to other cost participation and cooperative construction agreements with Dakota County and in order for favorable Council action. Attachments (1) CI -1 Joint Powers Agreement Dakota County Contract C0028917 JOINT POWERS AGREEMENT FOR ENGINEERING AND TRAIL CONSTRUCTION BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF EAGAN FOR COUNTY PROJECT NOs. 43-48, 32-89, 31-95 CITY PROJECT NUMBER 1247 SYNOPSIS: Dakota County and the City of Eagan agree to overlay the bituminous trails: On the east side of County State Aid Highway (CSAH) 43 (Lexington Avenue) (CP42-48) from CSAH 26 (Lone Oak Road) to Golfview Drive, on the east side of CSAH 43 (Lexington Avenue) from CSAH 32 (Cliff Road) to CSAH 30 (Diffley Road), and on the west side of CSAH 43 (Lexington Avenue) from CSAH 26 (Lone Oak Road) to O'Leary Park, on the north side of CSAH 32 (Cliff Road)(CP 32-89) from Lark Park Drive to CSAH 31 (Pilot Knob Road); on the east side of CSAH31 (Pilot Knob Road) (CP 31-95) from Cooperate Center Drive to CSAH 26 (Lone Oak Road) in Eagan, Dakota County. Dakota County Contract No. C0028917 March 6, 2017 THIS AGREEMENT, made and entered into by and between the County of Dakota, referred to in this Agreement as the "County", and the City of Eagan, referred to in this Agreement as the "City", and witnesses the following: WHEREAS, under Minnesota Statutes Sections 162.17, subd. 1 and 471.59, subd. 1, two governmental units may enter into an Agreement to cooperatively exercise any power common to the contracting parties, and one of the participating governmental units may exercise one of its powers on behalf of the other governmental units; and WHEREAS, it is considered mutually desirable overlay the bituminous bikeway trails on: • CP 43-48: an overlay of bituminous trail on the east side of CSAH 43 (Lexington Avenue) from CSAH 26 (Lone Oak Road) to Golfview Drive, an overlay of bituminous trail on the east side of CSAH 43 (Lexington Avenue) from CSAH 32 (Cliff Road) to CSAH 30 (Diffley Road), and an overlay of bituminous trail on the west side of CSAH 43 (Lexington Avenue) from CSAH 26 (Lone Oak Road) to O'Leary Park, • CP 32-89: an overlay of bituminous trail on the north side of CSAH 32 (Cliff Road) from Lark Park Drive to CSAH 31 (Pilot Knob Road), • CP 31-95: an overlay of bituminous trail on the east side of CSAH31 (Pilot Knob Road) from Cooperate Center Drive to CSAH 26 (Lone Oak Road); and WHEREAS, the County and the City have included these projects in their Capital Improvement Programs to share project responsibilities. NOW, THEREFORE, it is agreed the County and City will share project responsibilities and jointly participate in the project costs associated with constructing the bituminous trails as described in the following sections: 1. Engineering Costs. The costs related to design engineering, construction engineering, construction management, construction inspection and all related materials testing including the cost of County and City staff time for these purposes, shall be shared in accordance with the Dakota County 2030 Transportation Plan cost participation policies, which for this Project are generally fifty-five percent (55%) by the County and forty-five percent (45%) by the City. See Section 2 for assignment of engineering and administrative responsibilities. 2. Plans. Specifications and Award of Contract. The City will prepare plans and specifications consistent with County design practices, State -Aid design standards, the Dakota County Transportation 2 Dakota County Contract No. C0028917 March 6, 2017 Plan, and the City's utility standards and specifications. County concurrence with the plans and specifications is required prior to advertising for bids. The City Council will award the contract for construction of the bituminous trail to the lowest responsive and responsible bidder in accordance with state law. 3. Bituminous Bikeway Trail Overlav Costs. Construction costs for the following items shall be shared in the amount of fifty-five percent (55%) by the County and forty-five percent (45%) by the City. Cost sharing includes all trail/highway overlay items; replacement or restoration of sidewalks, landscaping and driveways when affected by construction; replacement or adjustment of water and storm sewer systems, if required due to construction; relocating or adjusting privately owned utilities when not performed at the expense of the utility; replacement of roadway lighting, and all other construction aspects outlined in the plan except for elements as called out under this agreement or the current Dakota County Transportation Plan. 4. Project Cost Updates. The City will provide updated cost estimates to the County showing the City and County shares of Project costs annually at the time of Capital Improvement Program development. Updated cost estimates will also be provided by the City to the County at the following times: • prior to advertising a construction contract, • after bid opening (prior to contract award), • during construction if total contract changes exceed $25,000, • once per year following the construction season until the Project is complete. Project cost estimate updates include actual and estimated costs for engineering, utility relocation, and construction. The Parties acknowledge that Project cost estimates are subject to numerous variables causing the estimates to be subject to change and the updates are provided for informational purposes in good faith. Each agency is responsible for informing their respective councils or boards regarding Project costs. It is estimated that the cost of overlaying the bituminous trails, including engineering costs as defined in Section 1, are as follows: Cost Share: • CP 43-48: CSAH 43/1-exington Avenue bituminous trails overlay Cost Share: City $160,000, County $194,000, and Total $354,000 • CP 32-89: CSAH 32/Cliff Road bituminous trail overlay Cost Share: City $12,000, County $16,000, and Total $28,000 • CP 31-95: CSAH31/Pilot Knob Road bituminous trail overlay Cost Share: City $30,000, County $38,000, and Total $68,000 Total Cost Share: City $264,000 (45%), County $323,000 (55%), and Total $587,000 3 Dakota County Contract No. C0028917 March 6, 2017 5. Maintenance and Operation. The trail maintenance and operation shall be in accordance with the Maintenance Agreement for County Bikeway Trails governing trail maintenance and operation. 6. Pavment. The City will act as the paying agent for all payments to the Contractor. Payments to the contractor will be made as the Project work progresses and when certified by the City Engineer. Upon presentation of an itemized claim by one agency to the other, the receiving agency shall reimburse the invoicing agency for its share of the costs incurred under this agreement within 30 days from the presentation of the claim. If any portion of an itemized claim is questioned by the receiving agency, the remainder of the claim shall be promptly paid, and accompanied by a written explanation of the amounts in question. 7. Change Orders and Supplemental Agreements. Any change orders or supplemental agreements that affect the project cost participation must be approved by both the City and County prior to execution of work. Both Parties shall endeavor to provide timely approval of change orders and supplemental agreements so as not to delay construction operations. 8. Amendments. Any amendments to this Agreement will be effective only after approval by both governing bodies and execution of a written amendment document by duly authorized officials of each body. 9. Effective Dates for Design and Construction of Project. This Agreement will be effective upon execution by duly authorized officials of each governing body and shall continue in effect until all work to be carried out in accordance with this Agreement has been completed. Absent an amendment, however, in no event will this Agreement continue in effect after December 31, 2018. 10. Rules and Regulations. The County and the City shall abide by Minnesota Department of Transportation standard specifications, rules and contract administration procedures, and State statutes as applicable to carrying out the work contemplated in this Agreement unless amended by the contract specifications. 11. Indemnification. The County agrees to defend, indemnify, and hold harmless the City against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of the County and/or those of County employees or agents. The City agrees to defend, indemnify, and hold harmless the County against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of the City and/or those of City employees or agents. All parties to this agreement recognize that liability for any claims arising under this Agreement are subject to the provisions of the Minnesota Municipal Tort Claims Law; Minnesota Statutes, Chapter 466. In the event of any claims or actions filed against either party, nothing in this agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual parties. 4 Dakota County Contract No. C0028917 March 6, 2017 12. Employees of Parties. Any and all persons engaged in the work to be performed by the County shall not be considered employees of the City, for any purpose, including Worker's Compensation, and any and all claims that may or might arise out of said employment context on behalf of said employees while so engaged, and any and all claims made by any third party as a consequence of any act or omission on the part of said employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of the City. Any and all persons engaged in the work to be performed by the City shall not be considered employees of the County for any purpose, including Worker's Compensation, and any and all claims that may or might arise out of said employment context on behalf of said employee while so engaged. Any and all claims made by any third party as a consequence of any act or omissions of the part of the City's employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of the County. 13. Audit. Pursuant to Minn. Stat. Sec. 16C.05, Subd. 5, any books, records, documents, and accounting procedures and practices of the County and the City relevant to the Agreement are subject to examination by the County, the City, and either the Legislative Auditor or the State Auditor as appropriate. The County and the City agree to maintain these records for a period of six years from the date of performance of all services covered under this Agreement. 14. Integration and Continuing Effect. The entire and integrated agreement of the parties contained in this Agreement shall supersede all prior negotiations, representations or agreements between the County and the City regarding the project; whether written or oral. All agreements for future maintenance or cost responsibilities shall survive and continue in full force and effect in accordance with the Dakota County 2030 Transportation Plan after completion of the projects provided for in this Agreement. 15. Authorized Representatives. The authorized representatives for the purpose of the administration of this Agreement are: Mark Krebsbach (or successor) John Gorder (or successor) Dakota County Transportation Director/County Engineer City Engineer, City of Eagan 14955 Galaxie Avenue 3830 Pilot Knob Road Apple Valley, MN. 55124 Eagan, MN 55122 (952) 891-7100 (651) 675-5000 All notices or communications required or permitted by this Agreement shall be either hand delivered or mailed by certified mail, return receipt requested, to the above addresses. Either party may change its address by written notice to the other party. Mailed notice shall be deemed complete two business days after days after the date of mailing. [SIGNATURE PAGE TO FOLLOW] 5 IN WITNESS THEREOF, the parties have caused this agreement to be executed by their duly authorized officials. RECOMMENDED FOR APPROVAL: City Engineer RECOMMENDED FOR APPROVAL: County Engineer COUNTY BOARD RESOLUTION No. 17-124 Date: March 7, 2016 CITY OF EAGAN By Mayor (SEAL) By City Clerk Date DAKOTA COUNTY Physical Development Director Date: APPROVED AS TO FORM: Assistant County Attorney Date K Agenda Information Memo April 4, 2017 Eagan City Council Meeting CONSENT AGENDA J. First Amendment to the Sale and Purchase Agreement between Art Works Eagan and the City of Eagan Action to be Considered: Approve an amendment to the Sale and Purchase Agreement between Art Works Eagan and the City of Eagan by changing Section 3 i. Contingency Period and Buyer's Termination to have an expiration date of July 14, 2017. Facts: ➢ The City of Eagan and Art Works Eagan have entered into a Sale and Purchase Agreement effective January 17, 2017 for the acquisition of the Fire Administration Building. ➢ The Contingency Period and Buyers Termination provision of the Agreement will expire on May 17, 2017, which is 120 days after the effective date of the Sale and Purchase Agreement. ➢ Art Works Eagan has request a 75 day extension until July 31, 2017 in the Contingency Date under the terms of the Agreement. ➢ The Finance Committee conducted a meeting on Wednesday March 22, 2017 to discuss this matter and is recommended the City Council approve an extension until July 14, 2017. Attachments: (1) CJ -1 First Amendment to Sale and Purchase Agreement FIRST AMENDMENT TO SALE AND PURCHASE AGREEMENT THIS FIRST AMENDMENT TO SALE AND PURCHASE AGREEMENT (the "Amendment"), is made as of this day of March, 2017 (the "Effective Date" of this Agreement) between the City of Eagan, a Minnesota municipal corporation (the "Seller") and Art Works Eagan, a Minnesota non-profit corporation (the "Buyer") (collectively, the "Parties"). WHEREAS, Buyer and Seller entered into a Sale and Purchase Agreement dated January 17, 2017 (the "Agreement"); and WHEREAS, Buyer and Seller are desirous of amending the Agreement to extend the contingency period. NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, Buyer and Seller agree to amend the Agreement as follows: 1. Amendment of Paragraph 3(i). Paragraph 3(i) is hereby amended to read as follows: i. ContinLency Period and BuN.er's Termination. If any contingency set forth in this Section 3 has not been satisfied or waived by Buyer on or before 5:00 p.m. CST on July 14, 2017 (the "Contingency Date"), then Buyer may, at Buyer's option, terminate this Agreement. Upon receipt of such notice of termination from Buyer, Title Company shall promptly return the Earnest Money to Buyer. Upon such termination and return, neither Seller nor Buyer shall have any further rights or obligations under this Agreement except for the covenants made in Sections 9 and 10 herein (the "Surviving Covenants"). If Buyer has not terminated this Agreement on or before the Contingency Date, then Buyer shall be deemed to have waived the contingencies set forth herein. 2. Except as here specifically amended, the Agreement is confirmed in all respects. Signatures appear on the following page. IN WITNESS WHEREOF, the undersigned have executed this instrument the day and year first set forth above. Art Works Eagan B 6 � A-6, C Y• Jerr eddermeyer Its:. sident City of Eagan By: Mike Maguire Its: President By: Christina M. Scipioni Its: Clerk 0) Agenda Information Memo April 4, 2017, Eagan City Council Meeting CONSENT AGENDA K. Set interest rate on special assessments levied in 2017 at 4.0%. Action to be Considered: To set the interest rate for special assessments levied in 2017 at 4.0%. Facts: ➢ By policy, the interest rate for special assessments is set by the Council each year in April for projects to be assessed in the current year. The rate applies to assessments on public improvement projects, delinquent utility bills, and delinquent invoices for noxious weed -cutting, board -ups, and false alarm charges. ➢ The interest rate is to be between 1.5% and 2.0% over the current composite 10 - year AAA municipal bond yield, rounded to the nearest .5%. ➢ The current composite 10 -year AAA municipal bond yield is 2.12%, putting the City interest rate range at 3.72% to 4.12%; therefore, the interest rate to be used on special assessments this year calculates to 4.0%. ➢ Last year, the special assessment rate was 3.5%. Attachments: (0) Agenda Information Memo April 4, 2017, Eagan City Council Meeting CONSENT AGENDA L. Approve Exempt Permit for the YMCA of the Greater Twin Cities to hold a raffle on July 9, 2017 at 1360 Civic Center Drive Action To Be Considered: To adopt a resolution approving an Exempt Permit for the YMCA of the Greater Twin Cities to hold a raffle on July 9, 2017 at 1390 Civic Center Drive. Facts: ➢ The YMCA of the Greater Twin Cities has applied for an Exempt Permit with the Gambling Control Board to hold a raffle as listed above. ➢ All requirements for the application have been met and staff deems it in order for approval. Attachments: (1) CL -1 Resolution RESOLUTION NO. _ CITY OF EAGAN APPLICATION FOR EXEMPT PERMIT YMCA OF THE GREATER TWIN CITIES WHERAS, the YMCA of the Greater Twin Cities has applied for an Exempt Permit to conduct a raffle on July 9, 2017; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approved the Exempt Permit for the YMCA of the Greater Twin Cities s to conduct a raffle on July 9, 2017 at 1360 Civic Center Drive. Motion by: Seconded by: Those in favor: Those against: Date: April 4, 2017 CERTIFICATION CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk I, Christina M. Scipioni, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 4th day of April, 2017. City Clerk Agenda Information Memo April 4, 2017, Eagan City Council Meeting CONSENT AGENDA M. Approve Exempt Permit for the Eagan Athletic Association to hold a raffle on May 12-14, 2017 at 4201 Lexington Avenue Action To Be Considered: To adopt a resolution approving an Exempt Permit for the Eagan Athletic Association to hold a raffle on May 12-14, 2017 at 4201 Lexington Avenue. Facts: ➢ The Eagan Athletic Association has applied for an Exempt Permit with the Gambling Control Board to hold a raffle as listed above. ➢ All requirements for the application have been met and staff deems it in order for approval. Attachments: (1) CM -1 Resolution RESOLUTION NO. CITY OF EAGAN APPLICATION FOR EXEMPT PERMIT EAGAN ATHLETIC ASSOCIATION WHERAS, the Eagan Athletic Association has applied for an Exempt Permit to conduct a raffle on May 12-14, 2017; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approved the Exempt Permit for the Eagan Athletic Association to conduct a raffle on May 12-14, 2017 at 4201 Lexington Avenue. Motion by: Seconded by: Those in favor: Those against: Date: April 4, 2017 CERTIFICATION CITY OF EAGAN CITY COUNCIL By: --- Its Mayor Attest: Its Clerk I, Christina M. Scipioni, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 4th day of April, 2017. City Clerk Agenda Information Memo April 4, 2017, Eagan City Council Meeting C416L&140lrslc'L:tUDU N. Preliminary Subdivision and Vacation — Pulte Homes Action To Be Considered: To approve a Final Subdivision (Tipperary) to create 11 lots upon approximately 3.8 acres for property at 3790 and 3800 Dodd Road, located south of Wescott Road and east of Dodd Road. To approve a Vacation of excess public right-of-way at 3800 Dodd Road (near Wescott Road). Required Vote For Approval: ➢ Majority of Councilmembers present Facts: ➢ The Preliminary Subdivision was approved November 1, 2016. ➢ The subdivision creates 11 single-family lots in Eagan. The subdivision extends into Inver Grove Heights with another 10 lots in that municipality. The developer is simultaneously obtaining development approvals from Inver Grove Heights for the easterly portion of the subdivision. ➢ In conjunction with the subdivision, the developer requested a Vacation of excess right- of-way for the Tipperary Plat. The final plat dedicates additional right-of-way for Dodd Road in a different location in order to complete the right-of-way needs for both Wescott Road and Dodd Road. ➢ A public hearing was held on the Vacation request on October 18, 2016, and action withheld to coincide with the approval of the Tipperary Final Subdivision. ➢ The final development plans and plat have been reviewed by staff and are consistent with the preliminary approvals. ➢ All documents and agreements are in order for execution at the City Council meeting on April 4, 2017. Issues: None Attachments: (5) CN -1 Location Map CN -2 Vacation Legal Description and Graphic CN -3 October 18, 2016 City Council Minutes CN -4 Final Plat CN -5 Development Agreements 0 V 0 U j r 'm o O ar(nO co a o c " 'E N C .-Od M v7 a ado CL Q� i ti CO N E d R N Z j y Z .� d O a N a �U <1Z 6 a) C, Ll --o F� N C 0 C N W N C 0 U U O Y m O o c m m d U � u i ! r Y ylh r G� cc O O R R LEGAL DESCRIPTION OF AREA TO BE VACATED: All that part of Wescott and Dodd Roads, as dedicated on the plat of WEST PUBLISHING COMPANY 1 ST ADDITION and acquired by use, located in the Southeast Quarter of the Southeast Quarter Section 13, Township 27, Range 23 and the Northeast Quarter of the Northeast Quarter of Section 24, Township 27, Range 23 lying southeasterly of the following described line: Commencing at the southeast corner of said Section 13; thence on an assumed bearing of North 00 degrees 00 minutes 32 seconds West 175.33 feet along the east line of said Southeast Quarter to the southeasterly line of Wescott Road (County Road 63), as dedicated, and the point of beginning for said line; thence South 49 degrees 51 minutes 46 seconds West 132.60 feet along said southeasterly line; thence southwesterly 273.50 feet along a tangential curve concave to the northwest, having a radius of 600.00 feet, and a delta angle of 26 degrees 07 minutes 01 seconds; thence South 00 degrees 32 minutes 34 seconds West 30.20 feet; thence southerly 64.38 feet along a tangential curve concave to the west; having a radius of 550.59 feet and a delta angle of 06 degrees 41 minutes 58 seconds to the centerline of Old Dodd Road and there said line terminating. N TIPPERARY o' so' 60, EAGAN, MN PETITION TO VACATE EXHIBIT DATE: 10-17-16 DRAWN BY: DPE ALLIANT SCALE: 1"=60' EN°1NEERING City Council Meeting Minutes October 18, 2016 3 page Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion to close the Public Hearings and approve the Final Assessment Rolls for Project 1202 (Eagan Business Commons (Commers Drive) — Street Improvements), Project 1142, Nicols Road (Silver Bell Road to 1,235'North), Project 1194, Whispering Woods 9th, 11th -13th Additions, Project 1195, Oslund Timberline / McCarthy Ridge, and Project 1197, Cedar Grove 4th Addition, and authorize its certification to Dakota County for collection. Aye:S Nay:O Right -of -Way Vacation — 3800 Dodd Road City Administrator Osberg introduced the item noting the Council is being asked to close the public hearing and continue action to vacate excess public right-of-way at 3800 Dodd Road to coincide with future City Council consideration of the final plat of Tipperary Addition. Public Works Director Matthys gave a staff report and provided a site map. The applicant, Paul Heuer, Pulte Homes, was available for questions. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to close the public hearing and continue action to vacate excess public right-of-way at 3800 Dodd Road (near Wescott Road) to coincide with future City Council consideration of the final plat of Tipperary Addition. 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Op � �-j4 ;sem ��/// - 'i (��9�5'ai iJ`,s� is i p �lr_-$��aex��—_ala L— — — — — — — — — — ww, -ismaos I L— — — — — — — — — — -- EE�, 5�,zc.— — — 91 to ----- ----- �gg QQ, DEVELOPMENT CONTRACT BY AND BETWEEN THE CITY OF EAGAN AND PULTE HOMES OF MINNESOTA LLC FOR THE DEVELOPMENT OF TIPPERARY ADDITION THIS INSTRUMENT WAS DRAFTED BY: DOUCHERTY, MOLENDA, SOLFEST, HILLS & BAUER, P.A. 14985 Glazier Ave. #525 Apple Valley, Minnesota 55124 (952) 432-3136 (RBBA anw: 206-37694) THIS AGREEMENT, made and entered into the _ day of 2017, by and between the City of Eagan, a Minnesota municipal corporation, ("City"); and Pulte Homes of Minnesota LLC, a Minnesota limited liability company, ("Developer and Owner"). WHEREAS, the Developer has applied to the City for approval of the plat or subdivision known as Tipperary located within the City; and WHEREAS, the City approved the plat on condition that the Developer and Owners enter into this contract and furnish the security required by it; NOW, THEREFORE, the City, Developer and Owners agree as follows: SECTION I DEFINITIONS 1.1 Definitions. In this instrument the following terms, when used with initial capital letters, have the following respective meanings unless the context hereof clearly requires otherwise: City - The City of Eagan, a Minnesota municipal corporation. City Code - The codification of the ordinances of the City of Eagan. Contract - This Agreement and the terms and conditions contained herein. Contract Management Account - Account with the City of Eagan established by the Developer as part of the Development Deposit Agreement to cover inspection and other administrative costs to the City in connection with the improvements to or for the Subdivision to be installed or constructed by Developer. Developer - Pulte Homes of Minnesota LLC, a Minnesota limited liability company. Whenever the term Developer is used herein, it shall also include the fee owner of the 1 land, contract for deed holders and all other persons or entities holding an equitable or legal interest in the fee ownership of the property. Development - The subdivision of the Property and the installation and construction of all Improvements required in order to make the Property suitable for the Developer's intended use, as approved by the City. Development Manager - Chad Onsgard whose address is 7500 Office Ridge Circle, Suite 325, Eden Prairie, Minnesota, 55344, and who is hereby authorized by the Developer to address any and all concerns of the City in regard to the Development and is also designated by the Developer to receive any and all notices, official or otherwise, from the City as required by this Contract. Engineer - Clark Wicklund, Minnesota License No. 40922, a registered professional engineer licensed to practice in the State of Minnesota. Financial Guaranty - Cash collateral and/or letter of credit as approved by the City of Eagan to guarantee compliance with the terms of this Contract, payment of real estate taxes including interest and penalties, payment of Special Assessments, construction of all improvements and payment of the cost of all improvements. Improvements - Improvements required to make the Property suitable for the Developer's intended purposes, to be done according to the required plans submitted to the City, such improvements to include, but not limited to: grading and drainage; sanitary sewer system; water system; storm sewer; storm water retention ponds; streets; concrete curb and gutter; street signs; street lights; utilities and all related appurtenances; wetland delineation; landscaping; tree preservation; tree loss mitigation; surveying; staking; setting of lot and block monuments, and parkland boundaries, mailbox supports and trails and sidewalks, if applicable. Insurance - Public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of Developer's 2 subcontractors or by one directly or indirectly employed by any of them. Landscape Architects - Mark Kronbeck, Minnesota License No. 26222, a registered professional landscape architect licensed to practice in Minnesota. Outlot - A platted lot to be developed for a use which will not involve a building or to be reserved for future replatting before development. Owners - The fee owners of the Property, any contract for deed holder, or any other person or entity having a legal and/or equitable interest in the fee ownership of the property, For purposes of this Agreement, the term "Developer" shall include any and all owners. Plat - The subdivision of the Property into lots and blocks, easements, streets and public right-of-ways as shown on the attached Exhibit "A" and subject to the conditions attached hereto as Exhibit "B': Permit to Proceed - A written letter issued by the City setting forth that all conditions precedent to Development have been satisfied and that the Developer may proceed with construction of the Improvements. Property - Land located in the City of Eagan, County of Dakota, State of Minnesota, which is subject to being subdivided by the Developer into the Plat shown on Exhibit "A " attached hereto. Public Improvements - Any type of improvement as defined by Minnesota Statutes §429.011 et al., which will be maintained and owned by the City. Special Assessments - All costs for improvements installed by the City of Eagan under the Public Improvement Project which are to be or have been levied against the Property. Standards - Requisite guidelines adopted by the City of Eagan as amended from time to time, including but not limited to the Master Sanitary Sewer and Water Plans; Storm Sewer Plans; Transportation Plans; Soil Erosion Control Plans; Landscaping Plans; and Engineering Standards' et al; Water Quality Management Plans, on file with the City of Eagan at City Hall. Subdivision - The separation of property into lots and blocks as approved by the City Council, upon the compliance with (i) all conditions and requirements of applicable regulations and (ii) conditions and requirements upon all which preliminary approval is expressly conditioned. Surveyor- Dennis B. Olmstead, Minnesota License No. 18425, a registered land surveyor licensed to practice in the State of Minnesota. SECTION II PLAT APPROVAL 2.1 Commencement of hi2rovements. Within the Plat or Property to be platted, the Developer may not commence Improvements, other than any grading permitted under Section 4.3 of the City Code, until all the following conditions have been satisfied; A) The necessary Financial Guaranty has been received and accepted by the City. B) The City has received evidence -that the Plat has been filed with Dakota County. C) The City has issued a Permit to Proceed. 2.2 Insurance. The Developer shall take out or cause to be taken out and maintain, until six (6) months after the City has accepted the Public Improvements, a policy of Insurance with limits for bodily injury and death of not less than $500,000.00 per person and $1,000,000.00 for each occurrence; limits for property damage shall not be less than $500,000.00 for each occurrence; or a combination single limit policy of $1,000,000.00 or more. The Developer shall file with the City a certificate evidencing coverage and naming the City and its officers and agents as additional insured, prior to the City signing the Plat. The certificate shall provide that the City must be given 4 thirty (30) days advance written notice of the modification, amendment or cancellation of the insurance. 2.3 Phased Development. If the Plat is a phase of a multi -phased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until development contracts for such phases are approved by the City. Park dedication, park trail fees, area charges, and charges for lateral benefits referred to in this Contract are not being imposed on Outlots, if any, that are designated for future subdivision into lots and blocks. These charges and others in effect will be calculated and imposed when the Outlots are finally platted into lots and blocks, at the rates then in effect. 2.4 Effect of Subdivision Approval. For two years from the date of this Contract, no amendments to the City's Comprehensive Guide Plan or Official Controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the Plat, unless required by state or federal law or agreed to in writing by the City and Developer. Thereafter, to the full extent permitted by state law, the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. SECTION III DEVELOPMENT PLAN 3.1 Required Plans. The Plat shall be developed in accordance with the following designated plans, which plans forrn a part of this Contract; however, the plans are not attached to this Contract. The following plans must have been prepared by Developer's Engineer, Architect, Landscape Architects, and/or Surveyor with duly noted certification thereon, and shall have been 5 submitted and approved by the City. If the plans vary from the written terms of this Contract, the written terms shall control. The plans submitted for this Plat are: Plan I - Plat, prepared by: Dennis B. Olmstead, Minnesota License No. 18425. Plan II - Site Plan dated Dec. 1, 2016, with a final revision date of Jan. 23, 2017, prepared by: Clark Wicklund, Minnesota License No. 40922. Plan III - Grading and Drainage Plan dated Dec. 1, 2016, with a final revision date of Jan. 23, 2017, prepared by: Clark Wicklund, Minnesota License No. 40922. Plan IV - Erosion and Sediment Control Plan dated Dec. 1, 2016, with a final revision date of Jan. 23, 2017, prepared by: Clark Wicklund, Minnesota License No. 40922. Plan V - Street and Storm Sewer Plan dated Dec. 1, 2016, with a final revision date of Jan. 23, 2017, prepared by: Clark Wicklund, Minnesota License No. 40922. Plan VI - Sanitary Sewer and Watermain Plan dated Dec. 1, 2016, with a final revision date of Jan. 23, 2017, prepared by: Clark Wicklund, Minnesota License No. 40922. Plan VII - Tree Inventory and Tree Mitigation Plan dated Dec. 1, 2016, with a final revision date of Jan. 23, 2017, prepared by: Mark Kronbeek, Minnesota License No. 26222. Plan VIII - Landscaping Plan dated Dec. 1, 2016, with a final revision date of Jan. 23, 2017, prepared by: Mark Kronbeck, Minnesota License No. 26222. [Developer has contracted with -Dakota Electric Association to prepare a Street Light Plan.] 3.2 Plan Requirements. All the plans referred to herein as prepared by the Engineer, Architect, Landscape Architect and/or Surveyor must be in conformance with the Standards adopted by the City. Submission of the required plans by the Developer shall act as a representation by the Developer that the plans are designed properly and that the Improvements will properly function as designed. n 3.3 Permits. It is the responsibility of the Developer to determine and obtain prior to the issuance of the Permit to Proceed all the necessary approvals, permits, and licenses from the City of Eagan; Minnesota Department of Transportation; County Highway Department; Board of Soil and Water Resources; railroads; utility companies; Minnesota Department of Natural Resources; Army Corp of Engineers; Minnesota Pollution Control Agency; Metropolitan - Council; Minnesota Department of Health and any other regulatory or jurisdictional agency affected by or having jurisdiction over the Improvements required for this development. Any design requirements of such agencies shall be determined prior to completion and incorporation into the plans and specifications. All costs incurred to obtain said approvals, permits, and licenses and also all fines or penalties levied by any agency due to the failure of the Developer to obtain or comply with the conditions of such approvals, permits, and licenses shall be the sole responsibility of the Developer. The Developer agrees to defend and hold the City harmless from any action initiated by a regulatory agency resulting from any failure of the Developer. The Developer is required to obtain a General Storm Water Permit for Construction Activity from the Minnesota Pollution Control Agency (MPCA). This permit shall remain in full force and effect during the course of development and until the Developer files a Notice of Termination of the permit with the MPCA. The Notice of Termination shall not be filed until all grading and temporary/ permanent erosion control measures required by the MPCA and the City, and set forth in the Grading & Erosion Control Plan. SECTION IV PERFORMANCE OF IMPROVEMENTS 4.1 General. All Improvements to the Property by or on behalf of the Developer shall be done in conformance with this Contract; state statutes and regulations; and the City Code and Standards promulgated thereunder. It is understood and agreed that the failure of the City to 7 promptly take action to enforce this Contract, State Statutes, the City Code and/or Standards will not act as a waiver or release of any rights of the City. 4.2 Completion Dates. Improvements required shall be completed no later than the following dates: Should the Developer fail to finish each designated item by the designated date, the Developer shall pay and reimburse the City for all additional costs incurred by the City as a result of such failure. .Any extension to the above noted completion dates must be approved by City Council Resolution and shall be conditioned upon updating the Financial Guaranty posted by the Developer to reflect any additional costs. 4.3 Preconstruction of Improvements Meeting. Upon the securing of all Permits required in Paragraph 3.3 and the payment of all escrows and money deposits required by the City, the Developer shall coordinate a preconstruction meeting with the City Staff at a mutually agreeable time at City Hall to include the Development Manager, to review the program for construction of the Improvements and to assure that all required Standards have been satisfied. Item: Date: a) Site Grading 10/30/2017 b) Restoration and Soil Stabilization 11/30/2017 c) Right -of -Way Site Survey Pins 12/31/2017 d) Subdivision Lot(s) Corner Pins 7/31/2018 e) Utilities (sanitary, water, storm sewer) 10/31/2017 f) Streets (concrete curb and gutter, gravel base and the first lift of asphalt) 11/30/2017 g) Dodd Road Striping Modifications 11/30/2017 h) Infiltration Basins 11/30/2017 i) Mailbox Support Structures 06/30/2018 j) Street Lights 12/31/2017 k) Street (Wear Course) 10/30/2018 1) Landscaping 11/30/2017 Should the Developer fail to finish each designated item by the designated date, the Developer shall pay and reimburse the City for all additional costs incurred by the City as a result of such failure. .Any extension to the above noted completion dates must be approved by City Council Resolution and shall be conditioned upon updating the Financial Guaranty posted by the Developer to reflect any additional costs. 4.3 Preconstruction of Improvements Meeting. Upon the securing of all Permits required in Paragraph 3.3 and the payment of all escrows and money deposits required by the City, the Developer shall coordinate a preconstruction meeting with the City Staff at a mutually agreeable time at City Hall to include the Development Manager, to review the program for construction of the Improvements and to assure that all required Standards have been satisfied. 4.4 Erosion Control & Stormwater _Management. Before the site is disturbed, and any utility construction is commenced or building permits are issued, the Erosion Control Plan (Plan IV), shall be implemented by the Developer and inspected by the City. The City or its designated agent may, in their discretion, impose additional reasonable erosion control requirements for maintenance purposes as identified in the Standards. All areas disturbed by grading, excavation and backfilling operations shall be restored in accordance with the Grading Plan (Plan III) within fourteen (14) days after the completion of the work in that area, but no later than the date set forth in Paragraph 4.2. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the Erosion Control Plan or the supplementary instructions imposed by the City or its designated agent, in conformance with its Standards, the City may take such action as it deems appropriate to control erosion. Except in cases of emergency, the City will notify the Developer three (3) days in advance of any proposed action, but failure of the City to do so will not affect the City's rights or Developer's obligations hereunder. The Developer shall reimburse the City for all related costs the City incurred for such work within ten (10) days of notice by the City of the actual costs paid by the City. The City may draw on the Financial Guaranty to pay all related costs. No Development and related activity shall be allowed, and no building permits will be issued until the Property is in full compliance with the erosion control requirements. Within thirty (30) days after completion of the grading and before the City releases the security, the Developer. shall provide the City with an "as constructed" Grading Plan certified by a registered land surveyor or engineer that all ponds/basins, swales, and ditches have been constructed on public easements or land owned by the City. The "as constructed" plan shall include field verified elevations of the following: a) Cross sections of ponds, b) location and elevations along all swales, wetlands, wetland mitigation areas if any, ditches and installed "conservation area" posts, and c) lot 7 corner elevations and house pads. The City will withhold issuance of building permits until the approved certified Grading Plan is on file with the City and all erosion control measures are in place as determined by the City Engineer. 4.5 Subdivision_ Lot Corners. Within one (1) year from the date of this Contract, the Developer shall verify by written notice to the City that all Subdivision lot corner pins have been installed. 4.6 Performance. The Developer shall instruct its Engineer to provide adequate field personnel to assure an acceptable level of quality control. The Engineer must be able to certify to the City that the installed Improvements meet the City Standards as a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspectors and/or civil engineers inspect the work on a full or part time basis. The Developer, its managers, engineers, contractors and sub -contractors shall follow all instructions received from the City or its designated agents. 4.7 License. The Developer hereby grants the City, its agents, employees, officers, and contractors a license to enter the Property to perform all work and inspections required or permitted to be performed by the City under this Contract in conjunction with the Development. 4.8 Occupancy. No occupancy of any building in said plat shall occur until water and sanitary sewer and storm sewer/drainage facilities and public access with a minimum of gravel base and curb and gutter have been installed, inspected and deemed available for use by the City. The Developer shall be responsible to maintain reasonable access to any occupied building, including street maintenance such as grading, graveling, patching and snow removal and ice control prior to City acceptance of ownership pursuant to Paragraph 5.3. 10 SECTION V INSPECTIONS AND COMPLETION 5.1 b§j)ection. The City or its designated agent shall periodically inspect the Improvements installed by the Developer, its contractors, sub -contractors or agents. Any inspections made pursuant hereto shall be done for the sole benefit of the City; however, such reports shall be delivered to the Development Manager within a reasonable time following inspection. The Developer hereby waives any right to rely on or to be assured of any approval by reason of any inspection. The Developer, its contractors, and sub -contractors shall follow all reasonable instructions received from the City or its designated agents covered, to allow the City an opportunity to inspect the Improvement work. The Developer shall notify the City Public Works Department at least two (2) full working days prior to the commencement of the site grading operation, laying of utility lines, sub -grade preparation, the laying of gravel base or bituminous surfacing for street construction or any other Improvement work which shall be substantially buried or covered. Should the Developer fail to timely notify the City to allow the City to inspect the work, the City may at the City's option, require the Developer to uncover and/or replace or reconstruct any of the before -mentioned work in such a manner so as to provide the City with an opportunity for inspection. 5.2 Com jpt on. Within thirty (30) days after completion of the Improvements, the Developer shall supply the City with a complete set of reproducible As -Built plans in accordance with City Standards. Likewise, the Developer shall give written notice within thirty (30) days of the completion of Improvements, that the Improvements have been completed in accordance with the City Code, Standards and the plan and specifications on file with the City. The City shall then inspect the Improvements and notify the Developer of any Improvements that do not appear to 11 conform to the City Code, Standards and/or the submitted plans and specifications. If Developer's Improvements do not conform to the City Code, Standards and submitted plans and specifications or are later discovered to not conform, the City shall immediately notify the Development Manager of the need for repair or replacement. The City may, in cases of emergencies, proceed to cure the default by Developer, the Developer hereby waiving any and all rights to notice of default. Any cost incurred by the City to cure the default shall be the financial obligation of the Developer, and shall be paid to the City within ten (10) days of receipt of a bill for such costs. 5.3 Ownership and Acceptance of Public Imijrovemm% Auer satisfactory completion of the Improvements and verification by the City personnel that the work and construction required by this Contract complies with all codes, standards and approved plans, and upon acceptance by the City Council the Public Improvements lying within public easements and right-of-ways shall become City property. 5.4 C1ean-up. The Developer shall clean dirt and debris from streets, storm water conveyance systems (including sumps), ponds/basins, wetlands and adjoining property that resulted from construction work by the Developer, its agents or assigns. SECTION VI FINANCIAL GUARANTY 6.1 The Amount. The final Subdivision shall not be approved and no work shall be commenced under this Contract until the Developer has deposited with the City a Financial Guaranty in the total amount of Two Hundred Eighty-two Thousand, Nine Hundred Fifty-two and No/100 Dollars ($282,952.00) securing the full performance of this Development Contract. The Developer shall furnish the City with the Financial Guaranty from a bank or lending institution acceptable to the City. The amount of the Financial Guaranty was calculated as follows: 12 A - EUPROVEMENTS Item Amount Street Identification/Traffic Control Signs $ 700 Street Lights $ 12,000 Lot Corners $ 1,650 Subdivision Monuments $ N/A Mail Box Support Structures $ 2,000 Reforestation/Landscaping $ 10,300 Tree Preservation $ 4,125 Erosion Control $ 9,725 Grading & Restoration (R/W) $ 3,850 Grading & Restoration (entire site less R/W) $ 10,920 Subtotal A Improvements $ 55,270 B - PUBLIC IMPROVEMENTS Item Amount Watermain Lateral with Services $ 35,580 Sanitary Sewer Lateral with Services $ 27,480 Storm Sewer $ 41,340 Streets $ 47,940 Trails $ N/A Infiltration Basins $ 19,200 As Builts $ 3,600 Legal, Financial and Engineering $ 52,542 Subtotal B Public Improvements $227,682 TOTAL A + B Improvements $282,952 This breakdown is for historical reference only. It is not a restriction on the use of the Financial Guaranty. The bank or financial institution and the form of the Financial Guaranty shall be subject to the approval of the City Finance Director and City Attorney. The bank or financial institution must have a business office for presentment of the Financial Guaranty within the Minnesota seven county Metropolitan Area. The City may draw down the Financial Guaranty to pay for all costs and 13 expenses incurred by the City to enforce this Contract including the costs incurred by the City in connection with the collection of the Financial Guaranty. Such costs to include any remediation or completion of Improvements. If the Financial Guaranty is drawn down, the proceeds shall be used to cure the default and, to the extent possible, reimburse the City its costs and expenses. The City shall give written notice to the Developer of its intent to draw down the Financial Guaranty. The Developer shall have thirty (30) days from the date of such written notice to cure the default. If the Developer does not sure the default within thirty (30) days from the date of the written notice, then the City may draw down the Financial Guaranty. 6.2 Terms. The Financial Guaranty may be for a stated term provided it is automatically renewable. The City may draw on the Financial Guaranty, without notice, after an Event of Default has occurred under this Contract, which has not been remedied within any applicable cure period or upon receiving notice that the Financial Security will be allowed to lapse. If the required Improvements are not completed at least thirty (30) days prior to the expiration of the Financial Security, the City may also draw down the Financial Security. The City shall give written notice to the Developer of its intent to draw down the Financial Guaranty. The Developer shall have thirty (30) days from the date of such written notice to cure the default. If the Developer does not sure the default within thirty (3 0) days from the date of the written notice, then the City may draw down the Financial Guaranty. 6.3 Claims. In the event that the City receives claims from subcontractors or materiahnen that work required by this Contract has been performed and money due them have not been paid, and the subcontractor or materialmen are seeking payment out of the Financial Guaranty posted with the City, the Developer hereby authorizes the City, at the City's discretion, to commence an Interpleader action pursuant to Rule 22 of the Minnesota Rules of Civil Procedure for 14 the District courts at the Developer's expense, to include court costs and attorney fees. The Developer further authorizes the City to draw upon the Financial Guaranty in the amount of one hundred twenty-five percent (125%) of the claim together with attorneys' fees and court costs, and to deposit the funds in compliance with the Rule. Upon such deposit, the Developer shall release, discharge and dismiss the City from any further proceedings as it pertains to the funds deposited with the District Court, except that the Court shall retain jurisdiction to determine the amount of attorneys' fees, costs and expenses owed to the City pursuant to this Contract. The City shall give written notice to the Developer of its intent to draw down the Financial Guaranty. The Developer shall have thirty (30) days from the date of such written notice to cure the default. If the Developer does not sure the default within thirty (30) days from the date of the written notice, then the City may draw down the Financial Guaranty. 6.4 Contract Management Account, The payment of all sums due hereunder is in addition to the sum of Twenty-six Thousand, Two Hundred Seventy-one and No/100 ($26,271.00) paid or to be paid by Developer as a contract management fee as identified in the Escrow Deposit Agreement signed by Developer. SECTION VII PARK AND TRAIL DEDICATION 7.1 Park Dedications. The Developer shall pay a cash contribution of Thirty-nine Thousand Three Hundred Sixty-nine and No/100 Dollars ($39,369.00) in satisfaction of the City's park dedication requirements as provided for by the City Code. The charge is calculated as follows: 11 lots at Three Thousand Five Hundred Seventy -Nine and No/100 Dollars ($3,579.00) per lot. The contribution for Residential Development shall be paid to the City before the City releases the final plat for recording. 15 N 7.2 Trail Dedication. The Developer shall pay a trail dedication fee of Two Thousand Eight Hundred Thirty Eight and No/100 Dollars ($2,838.00) in satisfaction of the City Park Trail Dedication requirement as provided by the City Code. The charge was calculated as follows: 11 lots at Two Hundred Fifty-eight and No/100 Dollars ($258.00) per lot. The contribution for Residential Development shall be paid to the City before the City releases the final plat for recording. 7.3 Water Quality. Pursuant to the City's Water Quality Management Plan, the Developer shall meet the City's Post Construction Stormwater Management Requirements (City Code 4.34) for stormwater management including effective retention (e.g. 2 Infiltration Basins) for 1.1" volume control on the site's new and fatly -reconstructed impervious surfaces, in accordance with the Standards. The developer shall deposit a financial security for its performance hereunder as noted in Paragraph 6.1 hereof. 7.4 Use of Park Property. The Developer is prohibited from storing heavy construction equipment upon dedicated park land or trailways. Furthermore, the Developer shall notify the Parks and Recreation Department within seventy-two (72) hours of the completion of the establishment of all property line monumentations adjacent to dedicated or existing park land to allow the City the opportunity to identify the park boundary lines. Failure to notify the City within this time period or to perform this lot corner monumentation prior to building permit issuance for lots adjacent to the park land will obligate the Developer to pay for any surveying costs incurred by the City to establish these boundaries. Sl SECTION VIII WARRANTY 8.1 Desi�en• Material andWorkmaYs_ *. Unless a longer warranty period is provided by Minnesota law, the Developer warrants all Improvements required to be performed by Developer, its agents and employees, against poor design, engineering, materials and faulty workmanship for a period of two (2) years after acceptance by the City (pursuant to Paragraph 5.3 hereof). Developer shall provide a warranty bond(s), in an amount equal to fifty (50%) percent of the Public Improvements as identified in Paragraph 6. 1, for a two (2) year period commencing upon the City's acceptance of the Public Improvements. The Developer shall be solely responsible for the cost and expense to perform all required repair work to City Standards within thirty (30) days of written notification by the City. SECTION IX ASSESSMENTS AND CONNECTION CHARGES 9.1 Im_ tzrovements. All special assessments for the Public Improvement Project installed by the City of Eagan as identified in this Contract shall be spread equally over 15 years, together with a rate of interest as determined by the City Council, using as a basis the interest, paid by the City for the general obligation bonds necessary to finance the Public Improvements. The Developer hereby waives any rights to a hearing or notice of a hearing relating to the special assessments and also expressly waives any right to object to such assessments, as provided for under Minn. Stat. §429.081. 9.2 Financial Obli.2ation. The Developer shall pay and hereby waives any right to object to the payment of any Connection and Availability Charges for the utilities provided by the City. The Developer also waives the right to object to the levying of the assessment for the Connection or 17 Availability Charges. The Connection and Availability Charges have been computed using the City's adopted Fee Schedule as follows: ITEM QUANTITY RATE AMOUNT Water Trunk 10 lots (1 lot prev. paid) $1,613.30/ lot $16,133.00 TOTAL $16,133.30 If not paid in full within thirty (30) days, any balance due will be levied as a special assessment with interest accruing from the date of final plat approval. The Developer hereby waives any rights to a hearing or notice of a hearing relating to the special assessments and also expressly waives any right to object to such assessments, as provided for under Minn. Stat. §429.081 and shall execute the waiver in the form of Exhibit "C" attached hereto. SECTION X RESPONSIBILITY FOR COSTS 10.1 Development of Subdivision. Developer shall pay all costs incurred by Developer, its agents and contractors, or the City in conjunction with the Development, including but not limited to: legal; planning; engineering and inspection expenses; permits; the cost of persons doing work or furnishing skills, tools, machinery or materials; costs of easements, if applicable; the cost of surveys and compliance tests, including environmental assessments and/or environmental impact statements, indirect source permit and traffic studies, if required; and inspecting and correcting deficiencies within the development of the Plat. 10.2 Hold Harmless. The Developer shall hold the City and the City's officers, employees, and agents harmless from claims made by Developer and third parties for damages sustained or costs incurred resulting from Plat approval, the Development and/or the breach of this Contract. The Developer shall indemnify the City and the City's officers, employees, and agents 18 against all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. 10.3 Reimbursement. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorneys' fees, court costs, expert witness fees and administrative expenses. Moreover, the Developer shall pay in full all bills submitted to it by the City, for obligations incurred under this Contract, within thirty (30) days of receipt. If the bills are not paid on time, the city may halt construction of the Improvements until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of eight (80/6) percent per year. 10.4 Payment of Special Assessments. The Developer shall pay or cause to be paid when due and in any event, before any penalty is attached, all Special Assessments referred to in this Contract. 10.5 Additional Charges. In addition to the charges and Special Assessments referred to herein, other charges may be imposed such as but not limited to, sewer availability charges, City water connection charges, water availability charges, City sewer connection charges and building permit fees. 10.6 Waiver. On behalf of itself and all the successors and assigns having an interest in the Property, the Developer waives all rights it may have now or in the future to repayment or reimbursement of any fees or charges paid to the City, which is identified in this Contract. SECTION XI EVENT OF DEFAULT 11.1 Occurrence. Each of the following occurrences shall constitute an event of default under this Contract. 19 a) Developer shall fail to perform any of the terms or conditions to be kept or performed by Developer under this Contract. b) Developer shall fail to perform any of the terms or conditions to be kept or performed by Developer under the City Code and/or City Standards. c) Developer shall fail to perform any of the terms or conditions to be kept or performed by Developer under any license, permit or approval required by any regulatory or jurisdictional agency affecting the Plat. d) Developer shall fail to perform any required curative or remedial action pursuant to a notification of the need for such action by the City of any other regulatory or jurisdictional agency affected by or having jurisdiction over the Plat, within thirty (30) days of such notification, unless otherwise provided for in this Contract. e) Failure by the Developer to pay when due any and all costs associated with the Development, including but not limited to any fees and costs incurred by the City, engineering, administrative and legal expenses. f) Failure of the Developer to maintain the required Financial Guaranty or other required security with the City. g) Failure by the bank or financial institution that issued the Financial Guaranty to pay on demand by the City. SECTION XII REMEDIES 12.1 Performance by the City. In the event of a default by the Developer, the City may, at the City's option, perform the work in default and the Developer shall promptly reimburse the City for any expense incurred by the City. Except in emergency situations, the City shall endeavor to 20 give the Developer notice of default forty-eight (48) hours prior to the City performing curative work. 12.2 Assessment. When the City does any work as a result of the Developer's default or upon failure of the Developer to make payment upon billing when due, the City may proceed to assess the costs in whole or in part against the Property, or may proceed to collect on the Financial Guaranty. It is expressly agreed and understood herein, that this Developer waives any notice of hearing and any rights to objection to the assessments so levied by the City. 12.3 Revocation of Permit to Proceed. In the event of a default, the City may issue a stop work order to Developer, its agents, contractors, or sub -contractors to cease all or any work being performed on the Property. Such stop work order may include the ceasing of the construction of any Improvements or homes on the Property. 12.4 Emergency. In the event of an emergency, the forty-eight (48) hour notice provision shall be and hereby is waived in its entirety by the Developer and the Developer shall reimburse the City upon being billed thereof for any expenses so incurred by the City in the same manner as if mailed notice as described hereinbefore had been given. 12.5 Cumulative Rights and Non -Waiver. The rights and remedies available to the City shall be cumulative and the enforcement by the City of one right shall not act as waiver of any other right available.to the City. 12.6 Denial of Building. Permits. An event of default shall be grounds for denial or revocation of building permits, including permits issued in connection with lots sold to third parties. 21 SECTION XIII RELEASE OF FINANCIAL SECURITY 13.1 General. Periodically upon Developer's written request and upon completion and verification of satisfactory compliance or final approval by the City (per Paragraph 5.3 of this Agreement) of any installed Improvements, or the payment of special assessments levied in connection with the Public Improvement Project, a like percentage of that portion of the Financial Guaranty covering those specific Improvements or Public Improvement Project may be released; except however the final twenty percent (20%) of the Financial Guaranty shall be held until a final acceptance (by the City) of all required Development Contract Requirements. Upon the issuance of a certificate of occupancy for a building in the Subdivision, the Developer upon written request may obtain a release of the Financial Guaranty which is equal to the assessments (levied or pending) which are charged against the lot, as a result of the Public Improvement Project. At the time of final Inspection of all Improvements, if it is determined by the City that the submitted plans and specifications were not strictly adhered to or that work was done without City inspection, the City may require that the Developer post a cash escrow equal to one hundred twenty-five percent (125%) of the estimated amount necessary to correct the deficiency or to protect against deficiencies arising therefrom. Such additional cash escrow shall remain in force for such time as the City deems necessary, not to exceed five (5) years. SECTION XIV RELEASE OF DEVELOPER LIABILITY 14.1 Release. Upon submittal by Developer of the required As -Built Plans for each Plan identified in Paragraph 3. 1, and upon satisfactory determination of completion of the Improvements pursuant to Paragraph 5.2 and payment of all costs owed to the City, the Developer may apply in writing for a release of its obligations under this Contract, save and except for those imposed 22 pursuant to Paragraphs 8.1, 10.2 and 10.4. The City Council, after review by the City personnel, may authorize the release of the Developer from its obligations under this Contract by appropriate resolution. SECTION XV MISCELLANEOUS 15.1 Com 31 iance. The Developer represents to the City that the Plat complies with all City, county, metropolitan, state and federal laws and regulations including, but not limited to: Subdivision ordinances; zoning ordinances; and environmental regulations. If the City determines that the Plat does not comply, the city may at its option refuse to allow construction or development work on the Property until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. 15.2 Authorization. By the execution hereof, the Developer represents and warrants that it has all the authorization and power necessary to make this Contract binding upon itself, its heirs, successors and assigns. 15.3 Third Parties. Third parties shall have no recourse against the City under this Contract. 15.4 Invalidity. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. 15.5 Run with the Land. This Contract shall run with the land and may be recorded against the title to the Property. By the execution of this Agreement, the Developer for itself, its successors and assigns, acknowledges that the property shall be affected by the terms and conditions contained herein. 23 15.6 Non -assignability. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire Property or any part of it. SECTION XVI NOTICES 16.1 General. All notices, consents, demands and requests which may be or are required to be given by either party of the other, shall be in writing and sent by United States registered mail or hand delivered. The addresses of each party may be changed at any time or from time to time by notice given by said party to the other party. 16.2 If to City, mail to the City of Eagan, 3830 Pilot Knob Road, P.O. Box 21199, Eagan, Minnesota 55121, Attention: City Administrator. 16.3 If to Developer, mail to the Development Manager. IN WITNESS WHEREOF, we have hereunto set our hands and seals. CITY OF EAGAN: By: Mike Maguire Its: Mayor Attest: Cluistina M. Scipioni Its: City Clerk (SEAL) 24 DEVELOPER: PULTE HOMES OF MINNESOTA LLC By. Its: Date DEVELOPMENT CONTRACT APPROVED AS TO FORM: By: Eagan City Attorney Date: 3(za1 +^ APPROVED AS TO CONTENT: By. Community Development Department Date: STATE OF MINNESOTA) ) ss. COUNTY OF DAKOTA ) On this day of 2017, before me a Notary Public within and for said County, personally appeared MIKE MAGUIRE and CHRISTINA M. SCIPIONI, to me personally known, who being each by me duly sworn, each did. say that they are respectively the Mayor and City Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipality. STATE OF ) ss. COUNTY OF Notary Public The foregoing instrument was acknowledged before me this day of _ 2017 by the of PULTE HOMES OF MINNESOTA LLC, a Minnesota limited liability company, on behalf of the limited liability company. Notary 25 Public anal $ � Area S 0188i $ d Ri WaMTT •A' um?Bull LU � � ■ I ` ® tit \--- �- RIP zi ( | y � /,■ �--= ---�� ■ � O | || d , , ■° |!!'■| f;■ .0 ■ EXHIBIT B 1. The applicant shall comply with these standards conditions of plat approval as revised by Council on July 1, 2014: Al, B1, B2, B3, B4, C1, C2, C3, C4, D1, E1, F1, G1, H1 and L1 2. The property shall be platted. 3. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 4. 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 impervious surface area. S. The applicant shall provide a minimum 15 -foot wide unobstructed equipment access paths (without obstructions from grading, private utilities, trees/branches, large shrubs, etc.), from street -edge to all surface stormwater facilities' inlets/outlets. The unobstructed equipment access paths shall be capable of fully supporting typical maintenance / excavation equipment, for periodic maintenance access to the surface storm water facilities. Verify that Landscape Plan does not conflict with this requirement. 6. During infiltration system area over-excavation/sub-soil work, the applicant 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 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 8.04nch per hour), the applicant 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. Documentation shall be provided to the City within 48 -hours after infiltration testing. The applicant 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 practice. 7. Before the city returns any Stormwater-related Performance Guarantee Fees on the development site, the applicant shall provide the City Engineer as -built plans that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (sumps, infiltration basins, etc.) conform to design and/or construction plans, as approved by the City. As -built volumes (for retention) shall be provided for the infiltration/bioretention basins. The applicant 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. 8. Hydrant spacing and locations shall be provided in accordance with City Fire Department and Public Works standards. 9. The Developer shall submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the premises (FTTP). This development should include the installation of fiber optic cable, or a conduit for future installation, in Its construction plans at the time of Final Subdivision. 10. The Developer shall ensure the survival of preserved trees via protection of the tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater. 11. The Developer shall contact the City Forestry Division and set up a pre -construction site Inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 12. The development shall be subject to park and trail dedications as recommended by the Advisory Parks Commission. 13. If Inver Grove Heights does not approve the proposal the developer shall provide a private street turn around at the east end of the development in accordance with City standards. EXHIBIT C WAIVER OF HEARING Special Assessment Authorization The undersigned hereby requests and authorizes the City of Eagan, Minnesota (Dakota County) to assess the following described property owned by it: Lots 1-5 and 16-21 Block 1, Tipperary, City of Eagan, County of Dakota, Minnesota; for the benefit received from the following identified public improvement project: ITEM QUANTITY RATE AMOUNT Water Trunk 10 lots (1 lot previously paid) $1,613.30/ lot $16,133.00 TOTAL $16,133.00 to be spread over fifteen (15) years at a rate of 3.5% per annum. The undersigned, for itself, its successors and assigns, hereby consents to the levy of these assessments, and further, hereby waives notice of any and all hearings necessary, and waives objections to any technical defects in any proceedings related to these assessments, and further waives the right to object to or appeal from these assessments made pursuant to this agreement, as prodded for pursuant to Minnesota Statutes §429.081. DATED: \ DEVELOPER. STATE OF ) ss. COUNTY OF ) The foregoing instrument was 2017 by MINNESOTA LLC, a Minnesota A company. Pulte Homes of Minnesota LLC -00 Its: �t6wledged before m his the d liability company, on Notary Public _ day of of PULTE HOMES OF of the limited liability AS TO FORM: City AtO Office Dated:, APPROVED MAO CONTENT: Public Dated: INSTRUMENT WAS DRAFTED BY: DOUGHERTY, MOLENDA, SOLFEST, HILLS & BAUER P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, Minnesota 55124 (952) 432-3136 RBB/kmw (206-37694) 2 WAIVER OF HEARING Special Assessment Authorization The undersigned hereby requests and authorizes the City of Eagan, Minnesota (Dakota County) to assess the following described property owned by it: Lots 1-5 and 16-21 Block 1, Tipperary, City of Eagan, County of Dakota, Minnesota; for the benefit received from the following identified public improvement project: ITEM 0ANTTI'Y RATE AMOUNT Water Trunk 10 lots (I lot previously paid) $1,613.30/ lot $16,133.00 TOTAL $16,133.00 to be spread over fifteen (IS) years at a rate of 3.5% per annum. The undersigned, for itself, its successors and assigns, hereby consents to the levy of these assessments, and further, hereby waives notice of any and all hearings necessary, and waives objections to any technical defects in any proceedings related to these assessments, and further waives the right to object to or appeal from these assessments made pursuant to this agreement, as provided for pursuant to Minnesota Statutes §429.081. DATED: STATE OF ) ) ss. COUNTY OF ) DEVELOPER: Pulte Homes of Minnesota LLC In Its: The foregoing instrument was acknowledged before me this day of 2017 by the of PULTE HOMES OF MINNESOTA LLC, a Minnesota limited liability company, on behalf of the limited liability company. Notary Public APPROVED AS TO FORM: City Attorney's Office Dated: Flea i t APPROVED AS TO CONTENT: Public Works Department Dated: THIS INSTRUMENT WAS DRAFTED BY: DOUGHERTY, MOLENDA, SOLFEST, HILLS & BAUER P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, Minnesota 55124 (952)432-3136 RBB/kmw (206-37694) Agenda Information Memo April 4, 2017 Eagan City Council Meeting CONSENT AGENDA O. Approve Extension of Preliminary Subdivision — Summerbrooke Action To Be Considered: To approve a one year extension of Preliminary Subdivision approval for Summerbrooke to create 33 lots upon approximately 15 acres located at 775 and 785 Diffley Road. Required Vote For Approval: Majority of Councilmembers present Facts: ➢ The City Council approved the Rezoning, Preliminary Planned Development and Preliminary Subdivision on July 19, 2016, to create 33 lots upon approximately 15 acres. ➢ The developer has until July 19, 2017 to record a final plat with the County. D The requested one- year extension would allow until July 19, 2018 for the plat to be recorded. Attachments: (2) CO -1 Location Map CO -2 Email request for extension I From: Kurt Manley To: Julie Strid; Sarah Thomas Cc: Danny Lincoln: Maershbecker. Brieanna Subject: RE: SummerBrooke Date: Monday, March 20, 2017 11:57:05 AM Good morning Julie, please accept this letter as a request to extend the Preliminary Subdivision, Rezoning and Preliminary Planned Development that received City Council approval on July 19, 2016 for the SummerBrooke Development. I will drop a check off to the city of Eagan tomorrow. Sincerely, Kurt Agenda Information Memo April 4, 2017 Eagan City Council Meeting CONSENT AGENDA P. Schedule public hearing to consider extension of Minnesota Investment Fund Agreement with Databank Holdings LP. Action To Be Considered: Schedule a public hearing on April 18, 2017 for consideration of a one year extension to the Minnesota Investment Fund Agreement with Databank Holdings LP. ➢ On April 21, 2015 the City of Eagan was awarded a $135,000 grant from the Minnesota Investment Fund (MIF) program administered by the State Department of Employment and Economic development (DEED) to provide a forgivable loan to Databank Holdings LP for equipment costs as part of a new datacenter at 3255 Neil Armstrong Boulevard. ➢ The loan agreement with Databank Holdings LP and grant contract with DEED requires the company to meet a job creation goal of 18 new employees within a two-year period, or payback a pro rata share of the loan. The two-year deadline is May 1, 2017. ➢ The grant contract allows the City (grantee) to extend the grant period for one year from the compliance date of May 1, 2017, provided the City holds a public hearing and authorizes the extension by resolution. ➢ Databank Holdings LP has indicated to City Staff they have 14 new hires to date but due to economic factors, they would like a one-year extension to be certain they meet the compliance date. Databank Holdings LP has met all other compliance goals including equity and equipment expenditures. ➢ This action sets the public hearing to consider the request on April 18, 2017. Attachments: (1) CP -1 Letter of request from Databank Holdings LP DA A P.ANV Date: March 28, 2017 To: City of Eagan From: DataBank Holdings, LP Subject: Minnesota Investment Fund — Request for Extension Pursuant to the Agreement for Loan of Minnesota Investment Funds between DataBank Holdings, LP ("Borrower") and the City of Eagan (the "City"), DataBank hereby requests a one year extension of the Compliance Date. Per the Agreement, DataBank had two years following the Disbursement Date and continuing through at least the Compliance Date, the borrower shall create at least eighteen (18) new permanent, full-time equivalent jobs (the "New Jobs"). The New Jobs must pay a wage of at least $31.66 per hour, exclusive of benefits. DataBank has successfully operated at the Property since inception and has been a valuable addition to the region's economic and employment base. DataBank appreciates the State, City, and County support it has received, but due to economic factors, DataBank is in need of a one year extension of the Agreement for Loan of Minnesota Investment Funds. It is our sincerest hope that this request is granted. Please feel free to contact me directly with any questions related to this request or any related matter. Again, thank you for your valued partnership and appreciation of our need for a one year extension. Sincerely, Kevin Ooley Chief Financial Officer DataBank Holdings, LP 3255 Neil Armstrong Blvd Eagan, MN 55121 Ph: (214) 646-1939 koole databank.com Agenda Information Memo April 4, 2017, Eagan City Council Meeting [GrOPORI-QUUI CI-Vl Q. Approve A Resolution And Partnership Agreement To Accept a Cash Donation For Upcoming 2017 Events From Minnesota Pork. Action To Be Considered: To approve a resolution and partnership agreement to accept cash donation from the following organization, to authorize the necessary budget adjustments and direct the Mayor and City Clerk to sign the appropriate documents. Cash Donations ➢ Minnesota Pork ($300) o Market Fest Partner Facts: ➢ Minnesota Pork is renewing their event partnership of Eagan Market Fest. ➢ Market Fest is a popular community engagement event held on Wednesdays from the beginning of June to the end of September. It features a farmer's market, concerts in the park, a family art experience and value-added theme night activities. ➢ The cash donation listed above was budgeted for. Attachments: (1) CQ -1 Resolution CITY OF EAGAN RESOLUTION TO ACCEPT A DONATION FOR UPCOMING 2017 EVENT FROM MINNESOTA PORK WHEREAS, Eagan Parks and Recreation offers several community wide programs and events during the year that offer volunteer and partnership opportunities; and WHEREAS, Minnesota Pork has expressed an interest in partnering with Eagan Parks & Recreation to support an upcoming 2017 community event; and WHEREAS, the following organization has agreed to donate the listed amount to support 2017 Eagan Market Fest: Minnesota Pork ($300); and NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby accept the following donation: Minnesota Pork ($300); to support Eagan Parks & Recreation Market Fest. Motion made by: Seconded by: Those in favor: Those against: Dated CITY OF EAGAN CITY COUNCIL By: Mayor Attest: City Clerk CERTIFICATION I, Christina M.Scipioni, City Clerk for the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 4b day of April, 2017, City Clerk .... City of Cap Parks & Recre;Aon 2017 Eagan Parks & Recreation Market Fest Partnership Minnesota Pork - $500 Total Promotional Partnership Summary: The City of Eagan Parks & Recreation Department and the Eagan Market Fest Community F..vent seeks to renew for a sixth year a beneficial partnership with Minnesota Pork as a supporter of Lagan Parks & Recreation's award winning Eagan Market Fest community event. A partnership at this level provides Minnesota Pork with marketing exposures and outreach opportunities in order to reach Eagan and surrounding area residents and bringing Minnesota Pork greater public exposure as a civic minded partner. 2017 Partnership Renewal with Minnesota Pork: • $500 Eagan Market Fest Event Summary: The Eagan Market Fest has seen significant growth both in the number of vendors as well as the number of attendees and has been recognized both locally and nationally as an event of high quality that brings the community together. The Eagan Market Fest has become known by Eaganites as "our community's main street." The focus is on healthy living by offering a farmer's market with fresh produce, artisan booths, tree family activities, live music and performance groups. The event's main purpose is to bring residents together. 2016 Event 1-fighlight8: � \ • 1001 year anniversary with season attendance of almost 50,000. • Continued Kids POP Club (Power of Produce) to educate kids on healthy eating. 2017 Market Bates and Times: R S T • Wednesdays, June 7 — August 30 from 4:00-8;00 p.m. t+/ • Wednesdays, September 6 -- 27 fi om 3.00 — 7.00 p.m. Market location: Eagan's Central Park and Festival Grounds at the Eagan Community Center located at 1501 Central Parkway, Eagan. Event Target Audience: This event attracts a wide audience range. Its focus is on Eagan residents although the event attracts visitors from other local cities. Attendees include working adults who visit the event alter work, adults of all ages 18 through senior adults. adults 20- 50 with children and culturally diverse populations. Eagan Pat -lis and Recreation Department Fagan Market Fest 1'itrtnership Proposal 5500 LEVEL (Renewal Request) Classic Car & Oldies Music Night—Sponsor—July 12, 2017 llionesota Pork's Proposed Partnership Role: Minnesota Pork has been a partner of the lagan Market Fest since 2012 at the $500 level. • Uhmesola Pork will be a $500 linancial special event partner with the Lagan Market Fest farmer's market. partnering on Classic Car & Oldies Music Night on Wednesday,luly, 12, 2017 from 4 - 8 p.m. o An invoice for the partnership amount will be sent by the City of Eagan. + :1linnesutu Pork will provide their own 10 x 10 canopy tent with weights for purpose of a Oink Outings themed promotional booth. The City of Eagan can provide one to two G ft. table(s) or picnic tables and chairs for booth. • 31innevutu Durk will provide staffing of the Oink Outings Booth, all print collateral handouts, giveaway items, etc. + :11hrj esola Pork is authorized to run the Oink Outings promotion. committing to donating i pound of pork products to a local rood bank for each question asked by the public at the Minnesota fork booth. • In the event of very bad weather, Alinnesola Park may choose another 2017 Hagan Market Fest date if weather makes it difficult to coordinate the booth as planned with notice by 10 am the day of the event. A new date will be coordinated through the Market Fest Coordinator. No refunds shall be given. -11hine-vota Park may provide one banner to the Eagan Market Fest Coordinator at least one week in advance of event for placement on the Market Fest grounds at the Oink Outings Booth, Banner will be returned at the end of the event day to Minnesota Pork, • Any taste sampling would need to meet Department of Health guidelines. • Any pork display and interactive activities, etc. would need to be approved by the Lagan Market Fest Manager in advance. • NOTF,: A pork producer vendor wi II be present this year as a farmer's market vendor selling frozen pork products from pork raised on their farm and hot pork concession food items. Eagan Parks & Recreation and Eagan Market Fest's ]tole: In return for the support provided by 1finiie.vola Pork for the 2017 Eagan Market Fest event, I -he City of Eagan, Eagan Parks & Recreation Department and the Eagan Market Fest event will provide: • 28" x 36" sign with color logo at event entrance ■ 28" x 36" sign with color logo at entertainment stage as an event partner that evening (also mentioning the ask-a-question/food donation promo) • Verbal recognition as an event partner at the entertainment stage. ■ MN fork provides Oink Outings "Dent, City oh Eagan provides 1-2 tables and chairs for a pork booth Partner & Vendor Relationships Statement: Our partners are very important. Market Pest has a designated coordinator who oversees all aspects of the event. ']'he coordinator- supervises planning, marketing and vendor relations and is onsite each week during Market Fest. It is the City's goal to make each partner successful so they have a great experience and will join us again. CONTACT: Tanya Mozingo, Recreation Supervisor I'Iione: (651) 675-5525 or (651) 675-5500 E-mail' omwin ,o! iiyoleaga nxoin Web Site: w%vw.cityoleagan.com/Marketfest Trade Agreement Disclaimer Ownership of Promotional Materials: /any plan, idea and all promotional materials created by 3-finne.vout Park or Fagan Parks and Recreation Department shall be and will remain the property of both parties. Agreement The City oE' I_;agan Parks and Recreation Department. the Market Fest Event and .1flnite.volu Pork agree to the terms of the sponsor partnership as outlined above. C' oFE-aagan Representatives Date '�f Mrnnesota fork Representative Date --End-- rd A hl FY j s City of EarkEa GH Parks & Recreation 31 Agenda Information Memo April 4, 2017 Eagan City Council Meeting CONSENT AGENDA R. Change Order to Agreement with Peters Design Company Direction to be Considered: Approve change order to 2017 contract with Peters Design Company and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ On December 20, 2016, the City Council approved the Professional Services Agreement contract with Peters Design Company. ➢ The proposed revisions address the addition of two facilitated focus groups/open houses to solicit feedback from key stakeholders about the logo/branding process. The change order amount is $4,000. ➢ Peters Design Company will develop the presentation and framework for the sessions, lead the dialogue, analyze attendee feedback, and present key findings to Eagan staff. Attachments (0) Agenda Information Memo April 4, 2017 Eagan City Council Meeting CONSENT AGENDA S. Approve Plans and Specifications for Bridle Ridge Park Building Expansionand Authorize the Advertisement for Bids Action To Be Considered: Approve the plans and specifications for Bridle Ridge Park Building Expansion, and authorize the advertisement for a bid opening to be held at 2:00 p.m., on Thursday, May 11, 2017. Facts: ➢ The Bridle Ridge Park Building Expansion provides for the construction and expansion of additional space to the current structure. ➢ All of the construction activity for said improvements has been designed to occur within existing public right-of-way, public property or easements. ➢ The plans and concepts were approved by Advisory Parks and Recreation Commission during the September 26, 2016 commission meeting. ➢ The plans and concepts were presented to City Council by Advisory Parks and Recreation Commission during the October 10, 2016 Special Meeting as part of the Capital Improvement Plan presentation. ➢ Upon approval and authorization, an advertisement will be published in the legal newspaper, as well as additional publications, informing contractors of the bid. Attachments (0) Agenda Information Memo April 4, 2017, Eagan City Council Meeting CONSENT AGENDA T. Approve On -Sale Liquor and Sunday License for KRG, LLC doing business as Green Mill of Eagan, 1940 Rahncliff Court Action To Be Considered: To approve an On -Sale Liquor and Sunday License for KRG, LLC doing business as Green Mill of Eagan, located at 1940 Rahncliff Court. Facts: ➢ Alan Korpi and Tobin Korpi, partners of KRG, LLC, have applied for an On -Sale Liquor and Sunday License for a restaurant located at 1940 Rahncliff Court. ➢ KRG, LLC is purchasing Green Mill of Eagan. ➢ All required documents have been submitted, reviewed and deemed in order by City staff and the Police Department. Attachments: (0) Agenda Information Memo April 4, 2017 Eagan City Council Meeting PUBLIC HEARING A. Lot 1, Block 1, Cedar Grove Gateway 1St Addition Easement Vacation Action To Be Considered: Approve the vacation of a portion of public drainage and utility easement on Lot 1, Block 1, Cedar Grove Gateway 11t Addition, in west central Eagan, and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ On February 15, 2017, City staff received a petition from Mr. Dan Mueller, Director of Development for the Minnesota Autism Center (MAC), requesting the vacation of a portion of existing drainage and utility easement on Lot 1, Block 1, Cedar Grove Gateway 11 Addition, between TH 13 and Silver Bell Road in west central Eagan. ➢ The larger than standard easement was dedicated on the plat of Cedar Grove Gateway 11 Addition in 2008, at no cost to the City, to provide for public drainage and utility purposes. ➢ The purpose of the request is to allow MAC to build a new building which will act as a Skills Development Center. ➢ There are no existing public utilities within the easement or plans for future placement of public utilities. A standard width drainage and utility easement will be maintained adjacent to the property line as is typical for drainage and utility purposes. ➢ Notices for a public hearing have been published in the legal newspaper and sent to all potentially affected and/or interested parties for comment prior to the public hearing. No objections have been received to date. ➢ This vacation request has been reviewed by the Public Works Department (Engineering Division) and found to be in order for favorable Council action. Attachments (2) PHA -1 Location Map PHA -2 Legal Description Graphic Lsaw one Oak Road LOCATION OF PROPOSEDILI EASEMENT VACATION (Cedar Grove Gateway 1st Addition) s r' vs' -Yankee Doodle Road z J c Ll p r� W Diffley Road 30 C 30 Y � � to IL 43 Cliff Road 7 APPLE VALLEY Rr Map of Proposed Location Fig. 1 for Easement Vacation Lot 1, Block 1 N City of Ealy Cedar Grove Gateway 1st Addition 02/,2212017 11 --t n J 1 M o ` �. Ln OJ C.4 CV \ 11 4 Q w ti ` 4 C� cj f� r, 11 --t n J 1 M o ` �. Ln OJ C.4 CV \ 11 4 Q w ti ` 4 OL'SL£' Z„70£'1o00N A I /l l ! l 1-7 /7 L/ 1-7 1 / �' / ^ IJ \ 1 --7 /VIJ IlI VV V \,j CL -j- ,/ VC_J..: ..:_J� JUaOi Oa�i v� Ob LO �. c QO 3��N W N�CN b •� j .c 'Lo a) o cao�v U t. b+b y0 Q13 �-N;e � 12, '123 C4 "'O� aG�i .Z q)Q �� 3 o v�y j 3w i t3 O. Q Y W O C k O OQ N O N N A Agenda Information Memo April 4, 2017, Eagan City Council Meeting OLD BUSINESS A. Stonehaven Senior Living Developer, LLC Action To Be Considered: To remove the condition from the Final Planned Development requiring sound attenuation construction standards for a multi -family dwelling located at 1000 Station Trail. Required Vote For Approval: ➢ Majority of Councilmembers present Facts: ➢ This site was part of the overall 100+ acre Stonehaven project. Two-thirds of the northern portion of Stonehaven is in the one -mile Buffer Zone, including the subject site. ➢ The Preliminary PD (2009-2010) stipulated noise attenuation construction was to be used for all buildings within the Buffer Zone. ➢ The Preliminary PD did not distinguish the multi -family use as having a different noise classification than the other residential uses in the development. ➢ The Airport Noise Ordinance identifies multi -family residential uses with shared entrance as Compatible within the Buffer Zone, and sound attenuation is not a requirement of the ordinance. ➢ When the Planned Development Amendment and Final PD came in for the senior housing site in 2014, the sound attenuation condition was carried over from the Preliminary PD to the Final PD Agreement. ➢ Because the sound attenuation is a condition of the Planned Development, a request to drop that condition from the development requires City Council action. ➢ Application for Building Permit was recently made, and the sound attenuation condition was brought to the attention of the project architect. ➢ The Developer believes that they have selected window and insulation products that will likely satisfy the sound attenuation requirement. However, the Developer asserts that demonstrating compliance with the condition requires "a consultant to evaluate the building's design and prepare an acoustic report," which would delay the start of construction by 4-6 weeks. Issues: ➢ None 60 -Day Agency Action Deadline: ➢ Not Applicable ATTACHMENTS: (2) OBA-1 Location Map OBA-2 Letter from Developer c J N L O .o •(D O C v CD O T d O O 1 O w ~ CO) y LL MECet T Z ..; o Z � � d a�U N U- O O N M 00 cc 0 N C> 9 C W C 0 U a Y m p a aQ. m a v C ; d J CD LS ma m end cd w e ^` V J c J N L O .o •(D O C v CD O T d O O 1 O w ~ CO) y LL MECet T Z ..; o Z � � d a�U N U- O O N M 00 cc 0 N C> 9 C W C 0 U a Y m p a aQ. m a v C ; d J CD LS Stonehaven Senior Living Developer, LLC 17550 Hemlock Avenue Lakeville, MN 55044 March 24, 2017 Pamela Dudziak, Planner City of Eagan City Hall 3830 Pilot Knob Road Eagan, MN 55122 pdudziak@cityofeagan.com Re: Stonehaven Senior Housing Project Request to Amend Planned Development Agreement Ms Dudziak: I am one of the principals of Stonehaven Senior Living Developer, LLC, which is the developer of the senior housing project to be built on Lot 1, Block 1, Stonehaven 8t' Addition. We closed on a construction loan this week and we are ready to apply for a building permit. We are scheduled to begin construction on April 14, 2017. Unfortunately, we recently discovered that the sound attenuation requirement in the Planned Development Agreement for the Stonehaven project would delay the start of construction by 4 to 6 weeks because of the time required to have a consultant evaluate the buildings' design and prepare an acoustic report. We have specified 32 STC Thermotech windows and closed cell foam insulation on the perimeter of the building with an R value of 33 to 35.75, based on a filled 5.5" stud cavity (standard batt insulation would have an R value of 21). A 32 STC rating is relatively high for windows; we understand that 30 STC windows (which are less sound attenuating than 32 STC windows) are commonly specified for structures in Zone 4, while this project is in the Buffer Zone. Thus, we feel it is likely that this project will satisfy the sound attenuation requirement as currently designed. In considering how to address the sound attenuation requirement, we discovered that the Met Council and the City's zoning ordinance classify multiplex/apartment buildings with a shared entrance as a "Compatible" use in the Airport Noise Buffer Zone, which this site is in. This means that the zoning ordinance permits buildings like our senior housing project in the Buffer Zone without a noise attenuation requirement. The reason the Planned Development Agreement includes a sound attenuation requirement is that the majority of the Stonehaven project is single-family homes, and single family homes are Conditional use within the Noise Buffer Zone. When the City prepared the amendment to the Stonehaven Planned Development Agreement for our senior housing project, it carried the sound attenuation requirement forward from the single-family home portion of the development, apparently without realizing that it is not required for multiplex/apartment buildings with a shared entrance. While we have specified windows and insulation that we believe would satisfy the design requirements for a single-family home, we would like to avoid the delay and expense of preparing an acoustic report on our buildings. Therefore, I am writing to request that an item be added to the consent agenda for the April 4 City Council Agenda to approve the removal of the sound attenuation condition from the Second Amendment to Planned Development Agreement with respect to our senior housing project on Lot 1, Block 1, Stonehaven 8th Addition. Please let me know if you would like any additional information or if you have any questions, and thanks very much for your help. Sincerely, Micha l J. oagberg cc: Mindy Michael, Kaas Wilson Architects, mindvmcr Iaaswilson.com Brian Teeters, President, Engelsma Construction, Inc., briant-c; ecimn.com Agenda Information Memo April 4, 2017, Eagan City Council Meeting NEW BUSINESS A. Rezoning and Preliminary Planned Development - Ryan Companies US, Inc. / Mulcahy Companies Actions To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) a Rezoning from CGD, Cedar Grove District, to PD, Planned Development, upon approximately 4 acres located at 2100 Silver Bell Road, subject to conditions listed in the APC minutes. To approve (or direct preparation of Findings of Fact for Denial) a Preliminary Planned Development to allow a skills development center, upon approximately 4 acres located at 2100 Silver Bell Road, subject to the conditions listed in the APC minutes and the condition below relative to Payment in Lieu of Taxes. Required Vote For Approval: ➢ Rezoning —At least three votes ➢ Preliminary Planned Development— Majority of Councilmembers present General: ➢ The applicant is proposing to develop an approximately 19,500 s.f. skills development center located east of the existing MAC (Minnesota Autism Center) campus. ➢ The City Council initiated a rezoning of 128 acres of land in 2003 which included the subject property. The property is currently zoned CGD (Cedar Grove District). ➢ The property is part of the Cedar Grove Commons Special Area plan. All developments within this special area are to be implemented through Planned Development Zoning. ➢ The proposed use is similar to a school which is a Conditional Use within the Cedar Grove District. ➢ The proposed use is considered "compatible" within the Airport Noise Policy Zone 4 one -mile Buffer. ➢ Sanitary sewer and water main are available to serve the property. ➢ Consistent with the approval of the MAC high school, the applicant is proposing a Payment in Lieu of Taxes (PILOT) agreement. The Finance Committee discussed the proposed PILOT terms and they are recommending approval. Added Condition of Approval: ➢ 'The applicant shall enter into a Payment in lieu of Taxes Agreement (PILOT) under the terms proposed by the applicant in their letter dated March 21, 2017, and in a form acceptable to the City Attorney." Rezoning,: ➢ The Rezoning request from CGD, Cedar Grove District, to PD, Planned Development, accompanies the proposed Preliminary Planned Development. ➢ The Advisory Planning Commission held a Public Hearing on the proposed rezoning on March 28, 2017 and did recommend approval. Preliminary Planned Development: ➢ The proposed Preliminary Planned Development includes a skills development center within the Cedar Grove District (CGD). A number of deviations to the CGD standards are requested with the skills development center. ➢ The deviations from CGD zoning include setbacks exceeding the 0'-10' build -to line, building materials, building height and parking. ➢ The appropriateness of the proposed deviations is a matter for City Policymakers. ➢ The Advisory Planning Commission held a Public Hearing on the proposed Planned Development on March 28, 2017 and did recommend approval. Issues: None 60 -Day Agency Action Deadline: ➢ May 5, 2017 Attachments: (5) NBA -1 Location Map NBA -2 Draft March 28, 2017 APC Minutes NBA -3 Planning Report NBA -4 Report Exhibits NBA -5 March 21, 2017 PILOT letter 0 a ti N O V- 9 CD N cL a+cL Q U o N CD > r 37 N O c Q N 0 CL E M L Z 0 M N Z (D 0 L G1 L :C aOCa0 c o U � N p m n c O a s O 0 �n LCI Advisory Planning Commission March 28, 2017 Page 2 of 12 IV. PUBLIC HEARING New Business A. MAC -SDC Applicant Name: Dan Mueller, Ryan Companies US, Inc. Location: 2100 Silver Bell Rd; Lot 1, Block 1, Cedar Grove 1 st Addition Application: Rezoning A Rezoning from CGD, Cedar Grove District to PD, Planned Development. File Number: 19-RZ-01-02-17 Application: Preliminary Planned Development A Preliminary Planned Development to allow a skills development center. File Number: 19 -PD -01-02-17 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated March 23, 2017. Dan Mueller, Ryan Companies, representing the applicant, stated agreement with the staff report and that he was available for questions. 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 stated his support for the project and the deviations. Member Vanderpoel agreed and Chair Filipi commented that the request was consistent with the existing MAC campus. Member Piper moved, Member Dierkes seconded a motion to recommend approval of a Rezoning from CGD, Cedar Grove District, to PD, Planned Development, upon the 3.95 acre site located at 2100 Silver Bell Road, legally described as Lot 1, Block 1, Cedar Grove Gateway 1 st Addition. All voted in favor. Motion carried 7-0. Member Piper moved, Member Weimert seconded a motion to recommend approval of a Preliminary Planned Development consisting of a skills development center upon the 3.95 acre, subject to the following conditions: A written Preliminary Planned Development Agreement shall be executed and recorded with the County Recorder's office. The following exhibits are necessary for the Preliminary PD Agreement. • Preliminary Site Plan • Preliminary Building Elevations • Preliminary Landscape Plan • Preliminary Site Lighting Plan • Preliminary Signage Plan 2. A written Final Planned Development Agreement shall be executed and recorded with the County Recorder's office prior to issuance of a building permit. Proof of recording Advisory Planning Commission March 28, 2017 Page 3of12 shall be provided to the City. The Final Planned Development Agreement shall include the following exhibits: • Final Site Plan • Final Building Elevations • Final Landscape Plan • Final Site Lighting Plan • Final Signage Plan 3. The Preliminary Planned Development shall have a 5 -year term. 4. This development shall be subject to a cash and trails parks dedication payable at the time of Building Permit at the rates then in effect. 5. The applicant shall submit a revised Photometric Plan with total pole heights not to exceed 20' and a maximum 1 foot-candle at the western property line. All parking lot lighting shall provide a minimum of 0.5 foot-candles throughout, with an average to minimum ratio of not more than 4. 6. Rooftop mechanical units shall be shown on the Building Elevations at the time of Final Planned Development, and placement of units 20' from the building edge and parapet height shall be demonstrated on the permit plans. If these measures alone do not fully screen some equipment, additional screening measures shall be employed in accordance with City Code. 7. Detailed sign plans shall be submitted with the Final Planned Development including dimensions, type of construction, and how the signs are to be lit. Conformance with City Code standards will be confirmed at that time. All signs shall require a Sign Permit prior to installation. 8. The type of Wall signage shall comply with City Code standards, located on the north and south elevations only. 9. The monument sign location shall be at least 10' from the property line and outside of the utility easement area. The height of the sign shall not exceed 7'. The base shall be landscaped and match the principal building materials. Design plans for the monument sign shall be provided at the time of Final Planned Development. 10. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City Code. 11. A detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance with current City standards and codes prior to Building Permit approval. 12. 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 storm water pollution prevention plans. 13. All personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Advisory Planning Commission March 28, 2017 Page 4of12 Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 14. Erosion control measures shall be installed and maintained in accordance with City code and engineering standards. 15. 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 of the site's new impervious surface area and any other disturbed soils that are not remediated following an approved Soil Management Strategy. 16. The applicant shall modify infiltration basin construction details and notes to clarify appropriate sub -soil over -excavation depth, bioretention soil media replacement, sub -soil ripping, construction notes to prevent equipment within the basin during and after construction, live planting of the basin bottom, effective erosion control at base and top of side -slopes, etc. in accordance with Public Works standards. 17. Prior to proceeding with land disturbing activity, the Property Owner shall enter into a long-term stormwater management system maintenance agreement with the City, detailing the annual inspection and maintenance required to occur to ensure proper operation and performance of the permanent stormwater management system on each parcel, in a form acceptable to the City Attorney. 18. Before the city returns any Stormwater-related Performance Guarantee Fees on the development site, the applicant shall provide the City Engineer as -built plans that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (sumps, infiltration basin, etc.) conform to design and/or construction plans, as approved by the City. As -built volumes (for retention and detention) shall be provided for the infiltration/bioretention basin. The applicant shall submit to the City Engineer certification that the stormwater management facilities have been installed in accordance with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. 19. The applicant shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 20. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the premises (FTTP), for incorporation into the Final Planned Development Agreement. This development shall include the installation of fiber optic cable in its construction plans at the time of Building Permit. 21 Restoration of the street, curb and gutter, boulevard, and sidewalk for the new parking lot access shall be performed in a manner acceptable to the City Engineer. 22. Cross -easements for ingress/egress and shared parking shall be executed in a form acceptable to the City Attorney. 23. "No Parking/Fire lane" signage shall be installed in the parking lot and driveways, per Fire Department standards, to ensure emergency vehicle access. Advisory Planning Commission March 28, 2017 Page 5 of 12 24. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to Building Permit approval. 25. This development shall accept its financial obligations as defined in the staff's report in accordance with the Final Plat dimensions and the rates in effect at the time of Building Permit. 26. The applicant shall ensure the survival of preserved trees via protection of the tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater. 27. The applicant shall ensure the survival of preserved tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 28. The applicant shall contact the City Forestry Division and set up a pre -construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 29. The applicant shall clarify the future impervious additions to the property at time of Final Planned Development. All voted in favor. Motion carried 7-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: March 23, 2017 APPLICANT: Ryan Companies US, Inc. PROPERTY OWNER: Mulcahy Companies REQUEST: Rezoning & Preliminary Planned Dev LOCATION: 2100 Silver Bell Road COMPREHENSIVE PLAN: BP, Business Park ZONING: CGD, Cedar Grove District SUMMARY OF RE UEST CASE: 19-RZ-01-02-17; 19 -PD -01-02-17 HEARING DATE: March 28, 2017 APPLICATION DATE: March 6, 2017 PREPARED BY: Sarah Thomas The applicant is requesting approval of a Rezoning from CGD (Cedar Grove District) to PD (Planned Development), and a Preliminary Planned Development to allow a skills development center for property located at 2100 Silver Bell Road, legally described as Lot 1, Block 1, Cedar Grove Gateway 1" Addition. AUTHORITY FOR REVIEW Rezoning: City Code Chapter 11, Section 11.50, Subd. 5 states in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the 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 City Council shall not rezone any land or area in any zoning district or make any other proposed amendment to the zoning ordinance without first having referred it to the planning commission for its consideration and recommendation. Planned Development: City Code Chapter 11.60, Subd. 18, A., states the intent of the Planned Development zoning district as follows: Planning Report — Mn Autism Center — Skills Development Center March 28, 2017 Page 2 1. Providing greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. 2. Recognizing the economic and cultural advantages that will accrue to the residents of a planned community. 3. Encouraging a more creative and efficient approach to the use of the land. 4. Encouraging the preservation and enhancement of desirable site characteristics, natural features, and open space. 5. Encouraging a development pattern that is consistent with land use density, transportation facilities and community facilities objectives of the Comprehensive Plan. BACKGROUNWHISTORY The property was subdivided and platted in 2007. The parent parcel was split by Hwy. 13, leaving a small triangular sliver on the south side of Hwy. 13. The subdivision officially separated the two pieces, and platted the property. The subdivision triggered the statutory authority to collect park and trail dedications, but there was no development at that time; thus a condition of subdivision approval required park and trail dedication to be paid at time of Building Permit, at the rate in effect at that time. EXISTING CONDITIONS The roughly 4 acre site is generally open, undeveloped grassland with some volunteer tree growth around the perimeter of the property. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Silver Bell Road, Apartments R-4, Residential Multiple HD, High Density Residential East Silver Bell Business Center PD, Planned Development BP, Business Park South Hwv 13 West MN Autism Center PD, Planned Develo ment QP, Quasi Public Planning Report — Mn Autism Center — Skills Development Center March 28, 2017 Page 3 EVALUATION OF RE( VEST Description of Proposal — The proposed development consists of the construction of a single story, 19,500 sq. ft. skills development center for students with Autism Spectrum Disorder. This development is affiliated with the adjacent campus for Minnesota Autism Center. The applicant's narrative states "The new facility will consist of therapy rooms, classrooms, meeting rooms, some group collaboration areas, and a gymnasium inside of the proposed building. The intent of this facility is to focus more on teaching basic life skills to students with ASD, whereas the adjacent schools follow more of an educational curriculum." Compatibility with Surrounding Area — Surrounding development to the west includes the MAC (Minnesota Autism Center) Campus. To the south, across Highway 13, is the Twin Cities Premium Outlet Mall. The property to the east is industrial with a business/warehouse building. To the north, across Silver Bell Road, is an apartment complex and single-family residential. Planned Development and Public Benefit — The property is currently zoned CGD (Cedar Grove District). The CGD zoning district was established in 2002 as a tool to implement the principles of the Cedar Grove Design Framework for compact mixed-use development with an urban design that is pedestrian friendly. To this end, the CGD district establishes specific standards related to site planning, architecture, building materials, landscaping, signage and other elements. By its nature, the Cedar Grove Redevelopment District is expected to involve compact and more intense development than is the case in other areas of the City. While the CGD Zoning District permits that to occur, in order to be implemented, the details of individual developments may not align with all of the specific requirements of the Zoning District. As a consequence, the City anticipates that the developments within the district will reflect the general expectations of the Code, but will be implemented through Planned Development Zoning, with the specific plans being compared to the standards of that district as well as the redevelopment goals and principles of the Cedar Grove Commons Special Area Plan of the City's Comprehensive Guide Plan. Within the City Code, PD zoning is provided as an option to permit consideration of development that may deviate from the strict application of the Code, in ways that benefit the property owner/developer and that benefit the City in consideration for permitting the deviations. The developer is requesting some deviations to typical Code requirements such as for setbacks exceeding the 0'-10' build -to line, building materials, building height, and parking. Whether there are benefits that can be defined for the City for permitting the Planned Development zoning and deviations is a policy issue for decision makers. Rezoninp, and Preliminan Planned Development: Use —The CGD Zoning District allows schools via a conditional use. Term — Staff suggests a five-year term for this Planned Development. Planning Report — Mn Autism Center — Skills Development Center March 28, 2017 Page 4 Conforming Plan — The applicant provided a Conforming Plan which includes a conforming Site Plan and building elevations based on CGD zoning standards. The Site Plan shows the building adjacent to the public right-of-way at the build -to line with parking adjacent to the east of the structure. The plans note complications with the conformation plans: Site Plan ➢ Proximity to neighborhood ➢ Limited screening ➢ Traffic circulation ➢ Conformity to surrounding development Elevation Plan ➢ Building massing ➢ Front door ➢ Height Site Plan — The Site Plan identifies access to the site from Silver Bell Road via the property to the west. The one-way drive aisle exists onto Silver Bell Road in the middle of the subject property. The proposed single story, 19,500 sq. ft. building will consist of classrooms, therapy rooms, meeting rooms, group collaboration areas and a gymnasium inside the proposed building. The new construction will include 69 parking stalls located to the east of the building. A playground is proposed south of the building, surrounded by a 5' black vinyl chain link fence. A sidewalk provides a pedestrian connection between the proposed development center and the adjacent MAC schools. An infiltration basin is proposed in the SW corner and a swale along the south perimeter of the property. A retaining wall with a 4' guard rail is proposed between the swale and TH 13. Airport Noise Considerations — The site is located within Airport Noise Policy Zone 4 one -mile Buffer. Sec. 11.64, Aircraft Noise Zone Overlay District, applies to new construction within this area. Within the Buffer Zone, Services such as medical, health and education uses are considered compatible uses. Setbacks — The CGD zoning district establishes a minimum front yard setback of 0' and maximum of 10', a minimum setback of 0' for side yards, and a minimum setback of 20' for rear yards. Parking setbacks are a minimum of 5'. A maximum of 15% of the street frontage should be occupied by off-street parking. CGD zoning prohibits on -grade parking directly in front of a building and within 50' of any intersection. The proposed front yard setback is approximately 80' which far exceeds the 10' maximum. In the rear yard, the proposed building setback is 68'. In the side yard, the west side is set back 81'. The east side setback accommodates the parking lot and infiltration basin. Planning Report — Mn Autism Center — Skills Development Center March 28, 2017 Page 5 While the CGD district encourages building placement near the street with less than 10' setbacks, it should be noted that the 1St MAC school was built under different zoning standards which was given consideration when the 2nd MAC school was constructed. This also impacts the design given the fixed location of the original parking lot and the desire to provide a connection with the proposed development. A row of parking for 19 stalls is located in the front yard and exceeds the 15% maximum street frontage. This design is consistent with the original MAC building to the west and allows for the campus connection. Additionally, the primary parking lot is located to the east of the building and does not occupy street frontage. Lot Coverage/Green S pace — CGD zoning does not specifically establish a maximum building to lot area coverage ratio or_set any standard for green space. This is consistent with the goal of achieving a more urban redevelopment and providing maximum flexibility for a mix of uses within the Cedar Grove District. Storm drainage and water quality treatment are handled in area ponds. The proposal shows a green space percentage of between 33%-51% and a building coverage percentage of 11%. The applicant should clarify the proposed green space percentage. Topography/Grading — The site is undeveloped and has numerous mature trees primarily located around its perimeter. The site currently drains to the south with elevations ranging from 804 to 778. The entire site will be disturbed for development of the property. The applicant will need to acquire a permit to work within the TH 13 right-of-way from the MN Department of Transportation. The preliminary Grading Plan is acceptable. A detailed grading, drainage, erosion, and sediment control plan should be prepared in accordance with current City standards and codes prior to final subdivision approval. All erosion/sediment control plans submitted for development and grading permits should be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the construction and management of erosion/sediment control devices, and the establishment of vegetation for the development, should have received Erosion/Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. Erosion control measures should be installed and maintained in accordance with City code and engineering standards. Planning Report — Mn Autism Center — Skills Development Center March 28, 2017 Page 6 Storm Water Mana ,ement/Water Qualit% — The applicant proposes to add new impervious surfaces totaling approximately 1.7 acres to the 3.94 acre parcel. This 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 Control and 1.1" Volume Control. To meet the 1.1" Volume Control requirement for this development proposal, 6,820 cubic feet of retention will need to be provided, if an acceptable Soil Management Strategy is provided for the project's disturbed/ compacted areas that are to be revegetated. The applicant proposes to meet City water quality/stormwater requirements through the on-site construction of two infiltration/rate control basins (with a total retention volume of 12,060 cubic feet, one pre-treatment structures (4' depth sump with skimmer hood), and a rate control outlet to maintain predevelopment peak runoff rates. If no Soil Management Strategy is proposed on the Grading and/or Landscape Plan, then all disturbed soils shall be counted as impervious for calculating the volume control total required to be provided. 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 basin protections during construction, infiltration performance/retention volume capacity verification and providing for an acceptable Soil Management Strategy for the disturbed/compacted soil areas that are to be revegetated. Wetlands — Because there are no wetlands on site, City Code § 11.67, wetland protection and management regulations, does not apply. Utilities — The preliminary Utility Plan is acceptable. A trunk water main and lateral sanitary sewer of sufficient size and capacity are available along the north end of the site for connection and extension with development of the property. Sanitary Sewer District CG, as designated in the City's Comprehensive Sanitary Sewer Plan, serves the entire site. All utilities are proposed to be privately owned and maintained. 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) and incorporation into the Final Planned Development Agreement. This development should include the installation of fiber optic cable, in its construction plans at the time of Building Permit. Planning Report — Mn Autism Center — Skills Development Center March 28, 2017 Paize 7 Streets/Access/Pedestrian Circulation — Silver Bell Road, along the north edge of the site, is a two-lane local roadway with a concrete sidewalk in the south boulevard. Access to the site is proposed via a one way parking lot connection from the existing parking lot to the west, and a new connection to Silver Bell Road in the center of the subject site. Restoration of the street, curb and gutter, boulevard, and sidewalk for the new parking lot access should be performed in a manner acceptable to the City Engineer. The applicant should provide cross -easements for ingress/egress, in a fonn acceptable to the City Attorney, prior to issuance of a building pen -nit. The site plan includes an internal system of sidewalks around the proposed building to connect to the existing private sidewalks to the west. No new pedestrian connections are proposed to the public sidewalk along Silver Bell Road. "No Parking/Fire lane" signage should be installed in the parking lot and driveways, per Fire Department standards, to ensure emergency vehicle access. Easements/Permits/Riht-of-Way — The development was previously platted with the appropriate drainage and utility easements. The existing drainage and utility easement along TH 13 is larger than necessary; thus, the excess easement is proposed to be vacated. This development should be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to building permit approval Parking — The City Code does not have a specific requirement of off-street parking spaces for schools; however, the City Code states the Council should determine the adequacy of parking when approving a Site Plan. The Site Plan notes the proposed parking stall count has been established based on the projected use of the tenant. The proposed total stall count is 69 stalls for the site. The applicant's narrative states, "The parking proposed for the campus is based on a 1:1 ratio for the 50 development center staff. The extra 19 stalls will be utilized by parents, visitors and potential staff in the future." City Code requires parking stalls to be 10' x 19' with a minimum of 24' drive aisles. The existing stalls near the elementary school on the MAC campus are 9' x 18' with 26' drive aisles. The new construction on the MAC campus contains stalls that are 9' x 19' with 25' drive aisles. The applicant's narrative states, "To better match the existing parking of the 2nd MAC facility and general industry standards, we are proposing to have 9' x 19' with 25' drive aisles." The acceptability of the proposed parking stall design is a policy matter to be determined by City officials. Planning Report — Mn Autism Center — Skills Development Center March 28, 2017 Page 8 Site Lighting — The CGD district restricts pole lights to a maximum height of 20'. A minimum illumination of 0.5 footcandles is required in surface parking lots, with lighting averaging 1.5 footcandles. Lighting should not exceed 0.5 footcandles at the property lines, and no glare should be directed onto adjacent right-of-way or neighboring properties. The Photometric Plan indicates there are going to be six bronze light poles with LED fixtures. The poles will be 17 -feet tall with a four foot base for an overall height of 21 feet. The new light poles are distributed throughout the drive aisle and parking lot. No building mounted lights are proposed. The Photometric Plan identifies 2.0 footcandles on the western property line. While the sites will have shared access the plan should be revised not to exceed 1 footcandle at the property line. The total pole height on the adjacent MAC campus is 20', which meets CGD standards. The Photometric Plan is acceptable with modification at the time of Final Planned Development, illustrating levels of illumination in conformance with CGD standards at the property line. Total pole height should not exceed 20'. Building Architecture — The CGD district contains specific provisions related to building design and exterior finish materials. The applicant's narrative speaks to the proposed deviations from the City Code standards. Height — The proposed building is single story with a maximum height of 21' which does not meet the CGD requirement of 24' minimum Architectural Design — The CGD zoning district established architectural design criteria for buildings more than 50' in length. These criteria include providing horizontal and vertical offsets, recessed windows on the first floor, and use of different materials or textures to architecturally divide the fagade into bays between 20' and 40' in width. In addition, finish materials on all sides of a building should be treated as a front side and have the same finish materials, major materials shall be complementary colors, and use of both vertical and horizontal pattern designs in the building fagade. The single -story building is proposed to be similar to the adjacent buildings on the existing MAC campus. The original MAC school is a single story painted CMU building. The second MAC building is a two story structure with integrally colored precast panels. The proposed building has a flat roof. The use of different materials and colors provides vertical and horizontal offsets for both the length and height of the building. Planning Report — Mn Autism Center — Skills Development Center March 28, 2017 Page 9 Building Materials — The CGD zoning district establishes that primary materials cover at least 60% of the fagade, and secondary materials occupy not more than 30% of the fagade. Accent materials may make up not more than 10%. Primary materials include brick, stone and glass; secondary materials may include decorative block or integrally - colored stucco. In addition, all primary and secondary materials shall be integrally colored. The proposed plan provides the following materials and ratios: Applying the CGD architectural standards to the proposal, the glazing is considered a primary material ranging from 13%-19%. While not listed in the CGD standards, the Performance Standards within the Zoning Code list Architecturally precast textured concrete panels as a Class III material. The prefmished metal (2-6%) is an accent material. Metal panels are considered a Class I material when they cover an entire wall. With primary materials well below the 60% CGD standard, and no secondary materials, the proposed building materials do not meet the expectations of the CGD district. According to the project narrative, "Integrally colored precast will again be used on this new building, as it was on the 2nd MAC School, to match the colors and design features of the exiting two MAC buildings (the 1St MAC school is a one story painted CMU building). The integrally colored architectural precast ... is a high quality material, consistent with "Class I" building materials, and should not be confused with the raked concrete or painted wall panels ... The integrally colored architectural precast is an appropriate, durable non -degradable and low maintenance material which meets the requirements of MAC School and the intent of Section 11.70 of the Eagan Zoning Ordinance." The applicant's narrative further describes why the integrally colored architectural precast panels are preferred over brick masonry or natural stone and should be considered comparable to the Class I materials outlined in the City Code. Additionally, the applicant provides a comparison to other new buildings within the Cedar Grove District. The acceptability of the proposed building materials is a policy matter to be determined by City officials. Signage — The proposal includes building mounted wall signs, directional signs and a free- standing monument sign. Elevations i North South West East Material %'s Precast Concrete Panels 76 81 82 85 Glazing 18 19 16 13 Metal Panels 6 0 2 2 Total 100 100 100 100 Applying the CGD architectural standards to the proposal, the glazing is considered a primary material ranging from 13%-19%. While not listed in the CGD standards, the Performance Standards within the Zoning Code list Architecturally precast textured concrete panels as a Class III material. The prefmished metal (2-6%) is an accent material. Metal panels are considered a Class I material when they cover an entire wall. With primary materials well below the 60% CGD standard, and no secondary materials, the proposed building materials do not meet the expectations of the CGD district. According to the project narrative, "Integrally colored precast will again be used on this new building, as it was on the 2nd MAC School, to match the colors and design features of the exiting two MAC buildings (the 1St MAC school is a one story painted CMU building). The integrally colored architectural precast ... is a high quality material, consistent with "Class I" building materials, and should not be confused with the raked concrete or painted wall panels ... The integrally colored architectural precast is an appropriate, durable non -degradable and low maintenance material which meets the requirements of MAC School and the intent of Section 11.70 of the Eagan Zoning Ordinance." The applicant's narrative further describes why the integrally colored architectural precast panels are preferred over brick masonry or natural stone and should be considered comparable to the Class I materials outlined in the City Code. Additionally, the applicant provides a comparison to other new buildings within the Cedar Grove District. The acceptability of the proposed building materials is a policy matter to be determined by City officials. Signage — The proposal includes building mounted wall signs, directional signs and a free- standing monument sign. Planning Report — Mn Autism Center — Skills Development Center March 28, 2017 Page 10 Building Signs — Wall signage is proposed on the north and south sides of the building as depicted on the Elevation plans. At the north end, the sign faces the parking lot and Silver Bell Road. On the south elevation, the sign is located to be visible from Highway 13. The Signage Exhibit reflects a prior proposal with a building sign that appears to be sitting on top of the building edge or parapet. The CGD ordinance provides the following parameters for wall signage. Wall signs may be located within a 3' sign band, between 10' and 15' above ground. The proposal locates the wall signs at approximately 12-15 '/2', near the top of the one-story structure. Sign sizes appear to be below the allotted 1.5 sq. ft. per lineal foot of building frontage. The type of wall signage was not provided but should meet CGD standards. Final sign specifications including dimensions should be confirmed at the time of Final Planned Development. Freestanding Signs — One free-standing sign is proposed, just west of the driveway entrance. The monument sign location appears to be at least 10' from the property line and outside of the utility easement area. The applicant did not provide specifications for the monument sign other than it will be 45 sq. ft. in size. The CGD district allows freestanding signs up to 12' in height. The sign base should be constructed of materials to match the principal building, with a minimum base height of 3' and a maximum sign area of 45 s.f. on one side and located within a landscape bed. Design plans for the monument sign should be provided at the time of Sign Permit, and conformance with the CGD design standards confirmed at that time. Directional Signs — A directional sign is proposed along the eastern edge of the building, adjacent to the parking lot. The applicant did not provide specifications for the directional signs other than they will be 6 sq. ft. in size. The CGD district allows directional signs up to 5' in height and no more than 6 sq. ft. in area. Directional signs must be setback at least two feet from right-of-way, lot lines and parking spaces and conform to the CGD design standards. Buildink Address Numbers — Building address numbers should be installed consistent with the provisions of Section 2.78 of City Code. Mechanical LEquipment — City Code Section 11.70, Subd. 21, requires that all rooftop and ground mounted mechanical equipment be screened from off-site views. Specifically, City Code requires a minimum 30" parapet for new buildings, and that mechanical units be placed at least 20' from the edge of the building. Planning Report — Mn Autism Center — Skills Development Center March 28, 2017 Page 11 Rooftop mechanical units were not shown on the Building Elevations and should be provided with the Final Planned Development. The parapet height should be demonstrated on the plans, and placement of units 20' from the building edge. If these requirements alone do not fully screen the equipment, additional screening measures should be employed in accordance with City Code. A ground transformer is located east of the building and screened by Feather Reed Grass. Trash storage — Trash is proposed to be stored inside the principal building, accessed through an exterior door on the north side of the building. Landscaping — The CGD zoning district includes specific design standards for landscaping including placement of trees every 25' where parking abuts the site perimeter, one overstory tree for every 500 sq. ft. of landscape area on the site, certain prohibited species and other species to be used only in certain circumstances, such as evergreen trees only in areas protected from winter wind conditions. Additionally, wherever a surface parking area faces a street frontage, such frontage should be screened with a decorative wall, railing, hedge, or a combination of these elements, to a minimum height of 2 Meet above the level of the parking lot, at the build -to line. The proposed Landscape and Planting Plans are acceptable. The Landscape Plan identifies both tree mitigation and standard landscape plantings. The Planting Plan utilizes 6 species of shade/ornamental trees, 2 species of conifer, 4 shrub varieties and 6 species of perennials and ornamental grasses. The plan includes screening of parking stalls adjacent to Silver Bell Road, foundation plantings and landscaped islands within the parking lot. Tree Preservation — The tree inventory submitted with this application indicates there are sixty- five (65) significant trees currently existing on site. According to the Tree Preservation Plan submitted, site improvement impacts will result in the removal of fifty-six (56) significant trees (86.2% of the total). Per the City of Eagan Tree Preservation Ordinance, allowable tree removal for this type of development proposal (single -lot, commercial) is 30% of the total significant trees. Because the proposed removal of significant trees is more than allowed without mitigation, required tree mitigation calculates to eighty-two (82) Category B trees (or an equivalent combination of Category A and/or C trees). The applicant has submitted a Tree Mitigation Plan providing fulfillment of this requirement. Parks and Recreation — This development is responsible for park and trail dedications. The dedication is payable with the issuance of the building permit at the rates then in effect. The 2017 rates are $939 per 1,000 sq. ft. of building for parks and $1,289 per net acre for trails. Financial Obligation — At this time, there are no pending assessments on the parcels proposed for platting. Planning Report — Mn Autism Center — Skills Development Center March 28, 2017 Page 12 Based upon a study by City staff of the financial obligations collected in the past and proposed use for the property, the following estimated charges will be collected at time of building permit or connection to the City's utility system. The final charges will be computed using the rates in effect at time of permit or connection. The estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the planned development, with due allowances for easements and right-of-way required: Improvement Sanitary Sewer - Trunk Use Rate Non- $0.20/s.f. Residential SUMMARY/CONCLUSION ...__......... -...__ Quantity Amount 171,723 s.f. $34,344.60 Total $34,344.60 The applicant is proposing a Rezoning and Preliminary Planned Development to allow construction of a single story 19,500 sq. ft. facility. The facility's primary use will be a Skills Development Center for children with Autism Spectrum Disorder. The proposed development takes access from Silver Bell Road, and develops what is currently a vacant lot to the east of the existing MAC school complex. The Site Plan provides for connections to the existing MAC campus to the west and the parking lot is located to the east of the building. The PD zoning provides flexibility in the application of zoning standards for mutual benefit. The developer is requesting some deviations to typical Code requirements such as for setbacks exceeding the 0'-10' build -to line, building materials, building height, and parking. The appropriateness of proposed deviations, as outlined in this report, is a policy matter to be determined by City officials. ACTIONS TO BE CONSIDERED To recommend approval of a Rezoning from CGD, Cedar Grove District, to PD, Planned Development, upon the 3.95 acre site located at 2100 Silver Bell Road, legally described as Lot 1, Block 1, Cedar Grove Gateway 1st Addition. To recommend approval of a Preliminary Planned Development consisting of a skills development center upon the 3.95 acre site located at 2100 Silver Bell Road, legally described as Lot 1, Block 1, Cedar Grove Gateway 1st Addition. If approved the following conditions shall apply- Planning Report — Mn Autism Center — Skills Development Center March 28, 2017 Page 13 1. A written Preliminary Planned Development Agreement shall be executed and recorded with the County Recorder's office. The following exhibits are necessary for the Preliminary PD Agreement. • Preliminary Site Plan • Preliminary Building Elevations • Preliminary Landscape Plan • Preliminary Site Lighting Plan • Preliminary Signage Plan 2. A written Final Planned Development Agreement shall be executed and recorded with the County Recorder's office prior to issuance of a building permit. Proof of recording shall be provided to the City. The Final Planned Development Agreement shall include the following exhibits: • Final Site Plan • Final Building Elevations • Final Landscape Plan • Final Site Lighting Plan • Final Signage Plan 3. The Preliminary Planned Development shall have a 5 -year term. 4. This development shall be subject to a cash and trails parks dedication payable at the time of Building Permit at the rates then in effect. 5. The applicant shall submit a revised Photometric Plan with total pole heights not to exceed 20' and a maximum 1 footcandle at the western property line. All parking lot lighting shall provide a minimum of 0.5 footcandles throughout, with an average to minimum ratio of not more than 4. 6. Rooftop mechanical units shall be shown on the Building Elevations at the time of Final Planned Development, and placement of units 20' from the building edge and parapet height shall be demonstrated on the permit plans. If these measures alone do not fully screen some equipment, additional screening measures shall be employed in accordance with City Code. 7. Detailed sign plans shall be submitted with the Final Planned Development including dimensions, type of construction, and how the signs are to be lit. Conformance with City Code standards will be confirmed at that time. All signs shall require a Sign Permit prior to installation. 8. The type of Wall signage shall comply with City Code standards, located on the north and south elevations only. Planning Report — Mn Autism Center — Skills Development Center March 28, 2017 Page 14 9. The monument sign location shall be at least 10' from the property line and outside of the utility easement area. The height of the sign shall not exceed 7'. The base shall be landscaped and match the principal building materials. Design plans for the monument sign shall be provided at the time of Final Planned Development. 10. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City Code. 11. A detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance with current City standards and codes prior to Building Permit approval. 12. 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. 13. 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. 14. Erosion control measures shall be installed and maintained in accordance with City code and engineering standards. 15. 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 of the site's new impervious surface area and any other disturbed soils that are not remediated following an approved Soil Management Strategy. 16. The applicant shall modify infiltration basin construction details and notes to clarify appropriate sub -soil over -excavation depth, bioretention soil media replacement, sub -soil ripping, construction notes to prevent equipment within the basin during and after construction, live -planting of the basin bottom, effective erosion control at base and top of side -slopes, etc. in accordance with Public Works standards. 17. Prior to proceeding with land disturbing activity, the Property Owner shall enter into a long-term stormwater management system maintenance agreement with the City, detailing the annual inspection and maintenance required to occur to ensure proper operation and performance of the permanent stormwater management system on each parcel, in a form acceptable to the City Attorney. Planning Report — Mn Autism Center — Skills Development Center March 28, 2017 Page 15 18. Before the city returns any Stormwater-related Performance Guarantee Fees on the development site, the applicant shall provide the City Engineer as -built plans that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (sumps, infiltration basin, etc.) conform to design and/or construction plans, as approved by the City. As -built volumes (for retention and detention) shall be provided for the infiltration/bioretention basin. The applicant shall submit to the City Engineer certification that the stormwater management facilities have been installed in accordance with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. 19. The applicant shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 20. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the premises (FTTP), for incorporation into the Final Planned Development Agreement. This development shall include the installation of fiber optic cable in its construction plans at the time of Building Permit. 21. Restoration of the street, curb and gutter, boulevard, and sidewalk for the new parking lot access shall be performed in a manner acceptable to the City Engineer. 22. Cross -easements for ingress/egress and shared parking shall be executed in a form acceptable to the City Attorney. 23. "No Parking/Fire lane" signage shall be installed in the parking lot and driveways, per Fire Department standards, to ensure emergency vehicle access. 24. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to Building Permit approval. 25. This development shall accept its financial obligations as defined in the staff s report in accordance with the Final Plat dimensions and the rates in effect at the time of Building Permit. 26. The applicant shall ensure the survival of preserved trees via protection of the tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater. Planning Report — Mn Autism Center — Skills Development Center March 28, 2017 Page 16 27. The applicant shall ensure the survival of preserved tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 28. The applicant shall contact the City Forestry Division and set up a pre -construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 29. The applicant shall clarify the future impervious additions to the property at time of Final Planned Development. m A ae •e 0 we• i ti T-,rTT i �Mmvl ®® I■ ■mmm-I -- ti N O r O L 0 � ..' 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IJ11!1� �, �� Z L•.'� � OW E+� IIg ��. fit 9g YYt t Yit t tiY t t Yi ,tiller !S fit Yall till I'll STH€N LOM 41" CITY OF EAGAN MN AUTISM CENTER — SKILLS DEVELOPMENT CENTER PROJECT NARRATIVE February 151h, 2017 March 2nd, 2017 - REVISED Ryan Companies is proud to present the following project to the City of Eagan. MAC Background Minnesota Autism Center (MAC) is a non-profit organization that provides therapeutic support for children, adolescents and families affected by Autism Spectrum Disorder (ASD). MAC has been a leader in providing quality services to the autism community for nearly 20 years. They have 10 locations across the state serving children ages 2 through 21. MAC began operations at their first Eagan facility in 2011 where they serve approximately 100 students and employ 120 staff members. Today, after the opening of their second facility along Silver Bell Road & Nicols Road in 2016, they serve over 150 students and employ over 200 staff between the two facilities. MAC provides a one-to-one, student teacher/therapist ratio where an instructor is paired with a child from the time he or she arrives, to the time they leave. Since the two Eagan schools' inception, MAC has been a welcomed member of the neighborhood and an asset to the community. Today, the need for MAC's services is at an all-time high as ASD is becoming more and more prevalent. It is estimated that 1 in every 68 children are diagnosed with ASD, which represents a drastic increase over the last 20 — 30 years. In the recent years, MAC has successfully been growing their facilities in order to meet this increasing need. In addition to their two existing facilities along Silver Bell Road, MAC has an exclusive right to purchase another lot directly to the east of the 1St MAC school. Following their recently constructed facility in 2016, they have again partnered with Ryan Companies and RSP Architects to design and plan the construction of this proposed facility. This facility's primary use will be a Skills Development Center for children with ASD. It allows MAC to employ approximately 50 staff members in this building and to provide therapeutic services to approximately 40 children and adolescents. This facility will help MAC give children and adolescents as well as their families dealing with ASD the assistance and developmental services they need to be successful in life. Proiect Summar% The MN Autism Center (MAC) project team is proposing a 1 -story, 19,500 square foot facility, which will act as a Skills Development Center. The new facility will consist of therapy rooms, classrooms, meeting rooms, some group collaboration areas, and a gymnasium inside of the proposed building. The intent of this facility is to focus more on teaching basic life skills to students with ASD, whereas the adjacent schools follow more of an educational curriculum. The proposed nearly 4 acre site will add 69 parking stalls for the staff of the new facility. A child drop off and pick-up area is provided on the north side of the new facility for transportation services. The site also includes green space intended for an outdoor playground and breakout area for children and staff to use throughout the day. There will be a walking path that connects this new facility to the existing MAC facilities creating a campus -like environment and allowing the children of the proposed facility access to the track, soccer field, and baseball field located on the existing MAC grounds. Site Description The proposed site is located at the northeast corner of Highway 77 and Highway 13, south of Silver Bell Road in the City of Eagan. MAC has an exclusive right to purchase the property, which is currently vacant with trees and other vegetation covering the majority of the site. The main access to the site will be from a new driveway connection along Silver Bell Road. Transportation vehicles will access the site and drop off area via the adjacent MAC site entrance (previously Tesseract Place). The parcel that contains the two existing MAC Schools is located directly to the west of the proposed site. East of the proposed parcel is a business center owned by Silver Bell Business Center, Inc. Tenant's Intended Use of the Premises The primary use of the building will be a Skills Development Center for children with Autism Spectrum Disorder. At this facility, MAC will help give children and adolescents the skills and support they need to be successful living with ASD. The facility will operate during the hours of 8:00 AM to 4:30 PM, with children arriving and departing by family drop off or medical transport services. There will be some occasional night and weekend use, but the majority of activity is held during the times listed above. The proposed building will accommodate approximately 40 children and 50 staff including therapists, support staff, and administration staff. It is anticipated that 2 to 4 trucks per week will visit the building, most of which will only be supply and garbage trucks. Most of the children will be dropped off and picked up by their parents or via shuttle bus and vans. The anticipated number of vehicles for the new center is: • 8-10 vans —Each van may have Ito 6 children. • 5-10 parent pickup vehicles. • 50 staff vehicles. **Please note these are not traffic trips, but the amount of vans and parent vehicles that would be coming and going in the morning and afternoon. The staff vehicles would be entering in the morning and leaving in the afternoon. * * AiMroximate Square Footage — Phase I Classrooms (9) 3,800 SF Therapy Rooms (11 @ 100 SF) 1,100 SF Administration Offices 2,700 SF Gymnasium 3,200 SF Swing Room (2@400 SF) 800 SF Lunch Room 1,000 SF Circulation/Support/Mech/Elect 6.892 SF Total Gross Area 19,492 SF Le„ al Description Lot 1, Block 1, Cedar Grove Gateway 1 st Addition, according to the recorded plat thereof, and situate in Dakota County, Minnesota. Architecture & Building Materials The proposed placement of the new building is roughly in the center of the site. The site design allows the development center to continue the traffic circulation that exists at the neighboring MAC site to the west and to maximize the amount of queuing length for transportation vehicles. It also allows the building some separation from the residential buildings to the north and some separation from Highway 13 to the southeast. There is some open space area along the south and west sides of the building that will be used for an outdoor play area. This matches up well with the adjacent property's play area. This overall proposed layout creates a welcoming sense of arrival, and allows for generous on site vehicle queuing at the front door for child drop off and pick up. The 1St MAC School is a one story painted CMU building, with the 2nd MAC School being a two story building that features integrally colored architectural precast concrete panels. A one story building was chosen for the new development center to blend well with the 1St MAC School to the west and the one story business park building to the east. Integrally colored precast will again be used on this new building, as it was on the 2nd MAC School, to match the colors and design features of the existing two MAC buildings. The integrally colored architectural precast proposed for the exterior finish of the development center is a high quality material, consistent with "Class I" building materials, and should not be confused with the raked concrete or painted wall panels which have proliferated in suburban industrial parks over the past 30 years. The integrally colored architectural precast is an appropriate, durable, non -degradable, and low maintenance material which meets the requirements of MAC and the intent of Section 11.70 of the Eagan Zoning Ordinance. We believe that the integrally colored architectural panels are comparable in quality to the "Class I" materials identified in the Business Park (BP) code, and in this case are preferable to brick masonry or natural stone. We also believe that it is a significant upgrade in comparison to the 1st MAC school (CMU Block — Class IV material) and the Outlet Mall across Highway 13 (mostly EIFS — Class III material, with some Brick — Class I material). We request that the City Council approve our proposed architectural precast as comparable to a "Class I" material, and as appropriate for a primary exterior finish within the Business Park District. Si2na2e The proposed building will have two building signs. The first is located on the north side of the building facing Silver Bell Road. This sign is located just to the east of the main entrance to the building on top of the building canopy. The second sign is located on the south side of the building, facing Highway 13, and is located to the east of the southern door location. The sign locations are shown on the architectural plans as well as on the Signage Exhibit found at the back of the submitted plan set. The allowable size of building signage from the BP code is 404 SF for the north facing sign and 387 SF for the south facing sign, based on the limit of 10% of gross area of a side. We are proposing the wall signs to be 12 SF each, which fits well within the BP code requirements. We are also meeting the three foot height limit for each of the signs and the requirement that the walls signs must be positioned between 10 and 15 feet above the ground. The existing MAC facilities contain one monument sign on Silver Bell Road, west of the vacated Tesseract Place connection. We are proposing a monument sign specifically for this building use on the west side of the new access point to Silver Bell Road. Directional signs are proposed in the landscape island as you enter the site and on the south side of the exit only access point on the adjacent site to the west. There will also be a modification to an existing directional sign near the vacated Tesseract Place entrance that will direct transportation vehicles through the 1 St MAC School drop off and towards the correct drop off area. The appearance of this existing directional sign will remain the same, but it may be enlarged slightly due to the additional letters on the sign. The monument and directional signs are shown on the Civil Site plans as well as the Signage Exhibit. Square footage for each sign and setbacks from property lines and roadways are called out on the Signage Exhibit. Parkiner In the City of Eagan code, there is no specific parking number requirement for development centers. Due to the facility's unique staffing needs, there is not a good ITE manual standard for parking requirements either. We are proposing 69 parking spaces on site to be used by facility personnel and families. The parking proposed for the campus is based on a 1:1 ratio for the 50 development center staff. The extra 19 stalls will be utilized by parents, visitors, and potential staff in the future. MAC is confident that the required number of stalls for them will not be higher than the 69 provided based on the capacity of the development center. The city code requires the parking stalls to be 10'x19' with a minimum of 24' aisle width. The 1St MAC facility contains 9'x18' stalls and 26' aisle widths. The 2nd MAC facility contains 9'x19' stalls and 25' aisle widths. To better match the existing parking lot of the 2nd MAC facility and general industry standards, we are proposing to have 9'x 19' parking stalls with 25' drive aisles. Refer to the Zoning/PUD section below for a more detailed explanation. Utilities Water service to and around the proposed building will tie into an existing 12" city water main that runs east to west underneath Silver Bell Road. The combined domestic and fire line enters the building on the north side near the proposed maintenance room and trash unloading area. There are two hydrants spaced out to allow for 250' of hose length: one to the east of the building inside of a parking lot island and one to the northwest of the building on the north side of the drive aisle. There is an existing city hydrant on the southeast side of Silver Bell Road, near the access point into the site that will be removed and replaced due to the location of the new access drive connection to Silver Bell Road. The sanitary sewer service will come into the building on the east side. It will tie into an existing sanitary sewer manhole located near the northern edge of the property. There is an electrical transformer to service the building located on the south side of the main parking lot area on the east of the building. Stormwater Mana4ement There are two infiltration basins on site that capture and treat the required runoff for the property. One basin is located near the east edge of the property that treats the building and parking lot runoff. The other basin is near the southwest corner of the property that treats the outdoor play area and other overland runoff from the site. A more detailed summary of the stormwater features on site is provided in the included Stormwater Management Report. Landscaping Design The proposed landscape design indicates plantings to include a full complement of overstory, ornamental and evergreen trees, shrubbery, and ground covers under the Cedar Grove District Zoning requirements. Per CGD landscape code, the required number of trees is 129. The landscape plans show the required amount of 129 deciduous and evergreen trees to meet the code, along with the tree mitigation requirements. We have provided a generous amount of trees and shrubs at the perimeter of the site to soften and enhance the sightlines from the surrounding uses. We feel the landscape plan containing 129 overstory, ornamental and evergreen trees, along with the other enhanced areas shown on the plans, is appropriate for the Skills Development Center use. See the PUD section for additional information. • Trees in parking lot 9 required 9 proposed • Trees along site perimeter abutting parking 9 required 9 proposed • Trees required for green space 33 required 33 proposed • Tree mitigation replacement trees 78 required 78 proposed • Total trees 129 required 129 proposed • Screening achieved at 3' in height along parking perimeter at streets Tree mitigation requirements: 30% is allowable per code. We are removing 86.2% of the existing surveyed trees, exceeding percentage by 56.2% of the existing surveyed trees. Refer to Tree Preservation Calc Sheet (Appendix A) for calculations of tree mitigation. This calculation sheet was provided to us by the city to accurately calculate the required number of replacement trees. 65 trees surveyed, 30% allowable = 20 trees, 56 trees actually removed (86.2%), 9 trees preserved (13.8%), 78 trees to mitigate. Zoning / PUD The current zoning for the site is Cedar Grove District (CGD) and the comprehensive plan use is Business Park (BP). We are requesting a PUD zoning for the site due to the intended use and unique client needs. The following considerations are based on the Cedar Grove District (CGD), Business Park (BP) and Section 11.70 Performance Standards zoning requirements Use: • Development Centers are not listed in the approved uses within the CGD Zoning District. o We are requesting that the City of Eagan approves the use of a Development Center at this location. Height The minimum height shall be 24 feet. o MAC's use of the building does not required it to be taller than 17' in height for the majority of the building and 21' in height for the gym space, so it is proposed at this height for economic reasons. Also, the building sits roughly 25' higher than the Hwy 13 ditch to the south of the property. The building is already sitting up on a hill, and we feel that the residents to the north would appreciate a shorter building as well. Building and Parking Setbacks: • Front & Side yard Principal Structure setback. At least the first and second floor must meet the build -to line: Minimum=0' & Maximum=10' • At least 85% of street frontage of any lot shall be occupied by building facades meeting the build -to -line. A maximum of 15% of the streetfrontage of any lot shall be occupied by off-street parking. • At a minimum, the first 50 feet of the lot frontage on either side of a street intersection must be occupied by buildings meeting the built -to line. o We have opted to place the building outside of the build -to lines to create a safe and comprehensive environment that the children can feel comfortable in year round. This layout also creates separation between the residential neighborhood to the north for better privacy for both the neighborhood residents and the development center attendees. This leaves room for some screening from the north residents. o We looked at various options that placed the building within the build -to lines and the parking and outdoor play areas located to the south. The included Conforming Site Plan shows one of these options that meet the three building and parking setbacks listed above. Architectural & Building Materials: • At least 65% of fagade to be brick, stone or glass (primary exterior building material). o The primary facade materials are integrally colored precast concrete (in two colors) and glass, with the entry canopy composed of composite metal panels. Glass and composite metal panels are listed as "Class I" materials in the City of Eagan Performance Standards. We strongly believe that the integrally colored precast panels are consistent with "Class I" building materials and should be included for the 60% primary material calculation. These materials are all considerable upgrades from the existing painted CMU facility on the adjacent site, and will provide an attractive, durable, low maintenance exterior fmish. o The building facades maximize glazing and are designed to express the functions and programs within. Additional glazing in some areas would be counterproductive to some of the center programs inside of the development center. o The building elevations are very appropriate for a specialty development center. They are attractive and durable, but are still modest for the expectations of a non- profit organization. Parking: • On -grade parking is prohibited in the front yard directly in front of a building. o The parking is shown located in the front yard to provide better separation between the children at the development center and the neighborhood residents to the north. It also provides space to berm between our building and the residents to the north. Parking number requirements. o There are no parking requirements for a development center listed in the City of Eagan Zoning Ordinance. MAC has based the proposed parking stall numbers off of the highest capacity of staff that they will have in the new facility, and they are confident that this number should not grow to more than 69 stalls. Parking stall size o The city code requires the parking stalls to be 10'x19' with a minimum of 24' aisle width. The 1St MAC facility contains 9'x18' stalls and 26' aisle widths and the recently constructed 2nd MAC facility contains 9'X19' stalls and 25' aisle widths. MAC is comfortable with their parking stall size and would like to keep the width at 9' to reduce the amount of impervious area on site that they could then use for playground space. Therefore, we are proposing 9'x19' stalls and 25' aisle widths, which slightly reduces the amount of impervious area and better fits to typical industry standards. C)) OORSEY- always ahead JAY R. LINDGREN (612)492-6875 FAX (952) 6164636 lindgrenjay@dorsey.com March 21, 2017 VIA ELECTRONIC MAIL AND U.S. MAIL Mr. Robert Bauer rbauer@dmshb.com Dougherty Molenda 7300 West 147th Street, Suite 600 Apple Valley, MN 55124-7541 Re: Minnesota Autism Center - Eagan Building Project Dear Mr. Bauer: This letter is written on behalf of my client the Minnesota Autism Center (MAC) with regard to the terms of a proposed payment in lieu of taxes agreement (PILOT) with the City of Eagan (City). We understand that the City Council will soon be considering multiple land use approvals for MAC's proposed project generally located at PID No. 101667501010 (the Property). The City Council may choose to place a condition upon such approvals that MAC enter into a PILOT with the City. MAC will agree to enter into a mutually agreeable PILOT with the City subject to the following terms: MAC will make a $20,000 annual payment to the City, with $10,000 due on May 15 and $10,000 due on October 15 of each year, through the duration of the existing Tax Increment Financing District (TIF District) in which the Property is located (including any extension of the TIF District under proposed legislation). The initial payment will be due on May 15 or October 15 following the issuance of a Certificate of Occupancy for the building project on the Property. The initial payment will be . prorated from the date of the Certificate of Occupancy until the first payment date. 2. Following termination of the TIF District, MAC will continue to make an annual payment under the same terms, with the annual amount reduced to $10,000 plus an annual inflation factor equal to two percent (2%) or the average annual increase in property taxes within the City, whichever amount is lower. The inflation factor will be calculated from the start of the calendar year immediately following the termination of the TIF District. 3. The PILOT will terminate if the Property becomes subject to ad valorem taxation for any other reason. 50 South Sixth Street I Suite 1500 1 Minneapolis, MN 1 55402-1498 1 T 612.340.2600 1 F 612.340.2868 1 dorsey.com Mr. Robert Bauer March 21, 2017 Page 2 4. The PILOT will include terms allowing either party to use all rights and remedies available to enforce the PILOT, including the payment of fees and costs to the prevailing party. Please let me know if these terms are acceptable. We look forward to finalizing an agreement consistent with these terms. Very truly yours, 11 V�- 4-pl— Jay R. Lindgren JRUsg Agenda Information Memo April 4, 2017, Eagan City Council Meeting NEW BUSINESS B. Planned Development Amendment — Prime Therapeutics (United Properties) Action To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) a Planned Development Amendment to change the use and Site Plan from office/warehouse to multi -story office for property located at 2900 Ames Crossing Road, subject to the conditions listed in the APC minutes. To approve (or direct preparation of Findings of Fact for Denial) a Planned Development Amendment to change the use and Site Plan from office/warehouse to parking as a principal use upon property located at 505 Shanahan Way. Required Vote For Approval: ➢ At least three votes Facts: ➢ Prime Therapeutics is proposing a 5 -story 410,000 s.f. office building on the property located at 2900 Ames Crossing Road. Also proposed is parking as a principal use on adjacent property at 505 Shanahan Way. ➢ The site is within the Boulder Lakes Planned Development, which was established in 2006 and called for a multi -story office use on the 2900 Ames Crossing Rd. parcel. The PD was amended in 2015 to allow two single -story office/warehouse buildings on this lot. ➢ The PD identified the 505 Shanahan Way parcel for an office/warehouse building. The PD was amended in 2009 to allow parking on the 505 Shanahan Way property in advance of building construction. The parking that was installed left space for the future building. ➢ The site is within the Shoreland Overlay District of Shanahan Lake. The 2006 Preliminary PD aggregated many of the site bulk standards over the entire 85 -acre development. ➢ The proposed Amendments were reviewed with that same approach, and generally found to be consistent with typical zoning allowances and prior PD approvals, with some modifications to the Final Plans as described in the staff report and the suggested conditions of approval. Below is a summary of the evaluation: o Net reduction in impervious coverage within the Shoreland Zoning Area o 50' setback from Shanahan Lake is satisfied, and 25' Shore Impact Zone preserved o > 50% open/green space is provided within the Shoreland Zoning Area o Net reduction in building coverage o Parking and building setbacks are satisfied o Conservation easements were obtained around wetlands in 2007; there are no wetland impacts proposed at this time o Grading and Utility Plans are acceptable o Stormwater Management and Water Quality standards to be satisfied through installation of three sub -surface infiltration chamber galleries o Tree mitigation of 159 Cat. B trees is due (includes inherited mitigation amount from previous development, and proposed additional tree removal at this time). o Public trail easement should be provided over the existing trail along north side of Shanahan Lake to facilitate a public trail connection between Ames Crossing Rd. and the future Dakota County Greenway trail, anticipated to be located within % mile east of this site o Cash park dedication will be due with the Building Permit ➢ Deviations from typical zoning standards include two versus one free-standing monument sign on the northerly parcel, the use if precast concrete as a primary exterior finish material, building height in excess of the zoning standards, and the amount of on- site parking. ➢ Off-site off-street parking as a principal use on the southerly parcel appears to satisfy the conditional use performance standards in the City Code for such use. Planned Development approval of the off-site off-street parking as a principal use is required in lieu of a separate Conditional Use Permit. ➢ The Advisory Planning Commission held a public hearing on the proposal at their March 28, 2017 meeting, and did recommend approval. Issues: ➢ None 60 -Day Agency Action Deadline: ➢ April 30, 2017 Attachments: (4) NBB-1 Location Map NBB-2 Draft March 28, 2017, APC Meeting Minutes NBB-3 Planning Report NBB-4 Report Exhibits G� w O S1HOGH MOND 83AN1 �Z LLo 0 C N C 0 a N N 7 Im N Vl U U % Q a Y m L r o O O f o CD 0 S1HOGH MOND 83AN1 Advisory Planning Commission March 28, 2017 Page 6of12 B. Prime Therapeutics Corporate Facility Applicant Name: Gordy Stofer III, Eagan Heights LLC Location: 505 Shanahan Way & 565 Lone Oak Rd; Lot 2, Block 1, Boulder Lakes & Lot 1, Blk 1, Boulder Lakes 3rd Addition Application: Planned Development Amendment A Planned Development Amendment to allow a 5 -story, 410,000 sq. ft. office building and to allow parking as a principal use. File Number: 01 -PA -04-02-17 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated March 23, 2017. Bill Jundt, United Properties, introduced the development team and stated he was available for questions. Member Vanderpoel asked about the easement covering the off-site parking, and how many employees would be expected at peak times. Jack Grotkin, RJ Ryan Companies, stated the existing easement covering that parking area was non-exclusive resulting in the parking being available to both 3000 Ames Crossing Road and the subject site. Brian Holmes, Prime Therapeutics, stated approximately 2,040 employees would be present at any one time. He further explained they have various shifts and a percentage of employees that work from home. Chair Filipi opened the public hearing. John Cole of Cole Enterprises, 6351 Argenta Trail W, stated his family had only received the notice of Public Hearing but no other information on the project and he asked how the site drainage would be managed to protect Lake Shanahan. City Planner Ridley explained that Public Hearing notices contain only a brief description of the project, and provide contact information for the project Planner so interested parties can call or visit City Hall for more thorough information. Assistant City Engineer Nelson explained that drainage/run off would be collected in underground chambers and treated on site, in accordance with City Code standards, before being released to Lake Shanahan. There being no further public comment, Chair Filipi closed the public hearing and turned the discussion back to the Commission. Member Vanderpoel stated her support of the application and thanked Prime Therapeutics for staying in Eagan. Member Piper echoed those comments saying that he was thankful, that he supported the proposed development 1,000% and that the benefits of the proposal far outweigh the deviations requested. Advisory Planning Commission March 28, 2017 Page 7 of 12 Member Piper moved, Member Weimert seconded, a motion to recommend approval of a Planned Development Amendment to change the use and Site Plan from office/warehouse to multi -story office for property located at 2900 Ames Crossing Road, legally described as Lot 1, Block 1, Boulder Lakes 3rd Addition, subject to the following conditions: 1. An Amendment to the Boulder Lakes Preliminary Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office. Proof of recording shall be provided to the City. The PD Amendment Agreement shall require the use on the remaining lots within the PD to be preserved as set forth in the original PD Agreement to maintain compatibility with the Major Office land use and Research and Development zoning designations. The PD Amendment Agreement shall include the following exhibits: a. Site Plan 2. A Final Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office prior to issuance of a building permit. Proof of recording shall be provided to the City. The Final Planned Development Agreement shall include the following exhibits: a. Final Site Plan b. Final Building Elevations c. Final Landscape Plan d. Final Signage Plan e. Final Site Lighting Plan 3. Parking stalls not be less than 9 feet in width and 18 feet in depth. 4. All building signage shall be subject to City Code standards for Research & Development zoning, and a Sign Permit obtained prior to installation of any signs. 5. Two freestanding monument signs shall be allowed as shown on the approved Site Plan. All monument signs are subject to City Code design and setback standards. A Sign Permit shall be obtained prior to installation of any signs. 6. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City Code. 7. The two screening enclosures shall be designed of materials to match the principal building and fully screen both the trash and ground mechanical areas. 8. Compliance with placement of equipment and screening standards for both rooftop units and ground service and mechanical areas shall be shown on the plans and demonstrated at the time of Building Permit. 9. If adjustments to the site lighting can be made to improve illumination at the outer edges of the supplemental parking on the southerly lot, and reduce the average to minimum ratio to below 4.0:1.0, such modifications shall be reflected in a revised Final Site Lighting Plan at the time of Final Planned Development. 10. Seeded areas planted with trees shall either be irrigated or the applicant shall work with City staff to identify appropriate trees well-suited to those planting conditions. Advisory Planning Commission March 28, 2017 Page 6 of 12 B. Prime Therapeutics Corporate Facility Applicant Name: Gordy Stofer III, Eagan Heights LLC Location: 505 Shanahan Way & 565 Lone Oak Rd; Lot 2,131ock 1, Boulder Lakes & Lot 1, Blk 1, Boulder Lakes 3rd Addition Application: Planned Development Amendment A Planned Development Amendment to allow a 5 -story, 410,000 sq. ft. office building and to allow parking as a principal use. File Number: 01 -PA -04-02-17 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated March 23, 2017. Bill Jundt, United Properties, introduced the development team and stated he was available for questions. Member Vanderpoel asked about the easement covering the off-site parking, and how many employees would be expected at peak times. Jack Grotkin, RJ Ryan Companies, stated the existing easement covering that parking area was non-exclusive resulting in the parking being available to both 3000 Ames Crossing Road and the subject site. Brian Holmes, Prime Therapeutics, stated approximately 2,040 employees would be present at any one time. He further explained they have various shifts and a percentage of employees that work from home. Chair Filipi opened the public hearing. John Cole of Cole Enterprises, 6351 Argenta Trail W, stated his family had only received the notice of Public Hearing but no other information on the project and he asked how the site drainage would be managed to protect Lake Shanahan. City Planner Ridley explained that Public Hearing notices contain only a brief description of the project, and provide contact information for the project Planner so interested parties can call or visit City Hall for more thorough information. Assistant City Engineer Nelson explained that drainage/run off would be collected in underground chambers and treated on site, in accordance with City Code standards, before being released to Lake Shanahan. There being no further public comment, Chair Filipi closed the public hearing and turned the discussion back to the Commission. Member Vanderpoel stated her support of the application and thanked Prime Therapeutics for staying in Eagan. Member Piper echoed those comments saying that he was thankful, that he supported the proposed development 1,000% and that the benefits of the proposal far outweigh the deviations requested. Advisory Planning Commission March 28, 2017 Page 8of12 11. A revised Final Landscape and Combined Planting Plan shall be provided at the time of Final Planned Development that includes planting specifications and notes regarding soil preparation and other details. 12. The Landscape and Tree Mitigation Plans shall be revised to designate as landscaping some of the plantings currently identified as mitigation along the east edge of the property, north side of Shanahan Way, and along the sidewalk between the building and Ames Crossing Road. 13. The applicant shall fulfill tree mitigation requirements through the installation of one - hundred fifty-nine (159) Category B trees, or a cash amount of $47,700.00. This required Tree Mitigation Plan shall be in addition to any landscape requirement. 14. The applicant shall submit a revised Tree Mitigation Plan at the time of Final Planned Development providing fulfillment of the mitigation requirement, for staff review and approval, either in the form of trees installed, cash, or a combination of each. 15. The applicant shall ensure the survival of preserved trees via protection of the tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater. 16. The applicant shall contact the City Forestry Division and set up a pre -construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 17. 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. 18. A detailed land disturbance and erosion control plan shall be prepared in accordance with current City land disturbance and erosion control regulations at the time of Building Permit. 19. 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. In addition, 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. 20. 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 of the site's new impervious surface area and any other disturbed soils that are not remediated following an approved Soil Management Strategy. Advisory Planning Commission March 28, 2017 Page 9 of 12 21. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide construction details of the proposed sub -surface infiltration chamber galleries for City review/acceptance by the City Engineer and include in construction plans. Construction details shall include infiltration system cross-section(s), acceptable non - limestone rock base/backfill material and depth, limits of bottom fabric, etc. to ensure infiltration/filtration practice is properly designed, constructed, and adequately protected during / after construction to prevent clogging, and able to be properly maintained 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, Details, etc.). 22. The applicant shall provide adequately sized pre-treatment (e.g. 4' minimum sump depth with scour protection and skimmer hood, etc.) at, or immediately upstream of, all stormwater management facilities (e.g. sub -surface infiltration chamber galleries) 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). 23. During sub -surface infiltration chamber gallery system area over-excavation/sub-soil work, the applicant 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 0.5 -inch per hour or greater (but less than 8.0 -inch per hour). If the sub -soil infiltration rates are less than 0.5 -inch per hour (or greater than 8.0 -inch per hour), the applicant shall immediately notify the City Engineer. Documentation shall be provided to the City within 48 -hours after infiltration testing. The applicant shall provide the City Water Resources staff with 24-hour advance notice of the occurrence of infiltration verifications and 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). 24. Prior to receiving city approval to permit land disturbing activity, the property owner 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, sod, permanent seeding or plant materials, 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.). 25. Prior to proceeding with land disturbing activity, the Property Owner shall enter into a long-term stormwater management system maintenance agreement with the City, detailing the annual inspection 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. 26. Before the city returns any Stormwater-related Performance Guarantee Fees on the development site, the applicant shall provide the City Engineer as -built plans that demonstrate that all constructed stormwater conveyance structures, stormwater Advisory Planning Commission March 28, 2017 Page 10 of 12 management facilities (sumps, sub -surface infiltration chamber galleries, etc.) conform to design and/or construction plans, as approved by the City. The applicant shall submit to the City Engineer certification that the stormwater management facilities have been installed in accordance with the plans and specifications approved. 27. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 28. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the premises (FTTP). The applicant shall provide such a plan for review and approval by City staff. This development shall include the installation of fiber optic cable, or a conduit for future installation, in its construction plans prior to the issuance of a Building Permit. 29. Public trail easement shall be provided over the existing trail along the north edge of the property extending to the east property line, for possible extension and connection of this trail to the future regional Greenway trail within Inver Grove Heights. 30. The applicant shall provide a cross parking easement/declaration between the two parcels in a form acceptable to the City Attorney, the agreement shall contain a provision that it cannot be terminated without approval from the City. All voted in favor. Motion carried 7-0. Member Piper moved, Member Weimert seconded a motion to recommend approval of a Planned Development Amendment to change the use and Site Plan from office/warehouse to parking as a principal use upon property located at 505 Shanahan Way, legally described as Lot 2, Block 1, Boulder Lakes, subject to the following conditions: An Amendment to the Boulder Lakes Preliminary Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office. Proof of recording shall be provided to the City. The PD Amendment Agreement shall require the use on the remaining lots within the PD to be preserved as set forth in the original PD Agreement to maintain compatibility with the Major Office land use and Research and Development zoning designations. The PD Amendment Agreement shall include the following exhibits: a. Site Plan b. Landscape and Tree Mitigation Plan c. Site Lighting Plan 2. For purposes of off-site off-street parking as a principal use on Lot 2, Block 1, Boulder Lakes, the parcel is deemed servient to the principal use located on the dominant parcel of Lot 1, Block 1, Boulder Lakes 3rd Addition. 3. Parking setbacks shall be provided in accordance with the City's Zoning ordinance. Parking lot layout and access shall be as depicted on the approved Site Plan. 4. Parking stalls shall be a minimum of 9'x 18', and drive aisles a minimum 24' wide. Advisory Planning Commission March 28, 2017 Page 11 of 12 5. Park dedication for the development shall be satisfied through cash dedication. The amount due shall be calculated and collected at the time of Building Permit at the rates then in effect. 6. The existing easement between Lots 1 and 2, Block 1, Boulder Lakes shall be terminated prior to full occupancy of the new building on Lot 1, Block 1, Boulder Lakes 3`' Addn. 7. A cross parking easement/declaration agreement shall be provided, in a form acceptable to the City Attorney, and shall contain a provision that the agreement cannot be terminated without approval from the City. 8. No building permit shall be issued for the servient parcel, Lot 2, Block 1 Boulder Lakes, without first obtaining approval of a PD Amendment to permit a building on the lot. Through the PD Amendment process, evaluation of the parking needs for the servient and dominant parcel can be reevaluated by the City to determine if development of the servient parcel can proceed. All voted in favor. Motion carried 7-0. Advisory Planning Commission March 28, 2017 Page 8 of 12 11. A revised Final Landscape and Combined Planting Plan shall be provided at the time of Final Planned Development that includes planting specifications and notes regarding soil preparation and other details. 12. The Landscape and Tree Mitigation Plans shall be revised to designate as landscaping some of the plantings currently identified as mitigation along the east edge of the property, north side of Shanahan Way, and along the sidewalk between the building and Ames Crossing Road. 13. The applicant shall fulfill tree mitigation requirements through the installation of one - hundred fifty-nine (159) Category B trees, or a cash amount of $47,700.00. This required Tree Mitigation Plan shall be in addition to any landscape requirement. 14. The applicant shall submit a revised Tree Mitigation Plan at the time of Final Planned Development providing fulfillment of the mitigation requirement, for staff review and approval, either in the form of trees installed, cash, or a combination of each. 15. The applicant shall ensure the survival of preserved trees via protection of the tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater. 16. The applicant shall contact the City Forestry Division and set up a pre -construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 17. 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. 18. A detailed land disturbance and erosion control plan shall be prepared in accordance with current City land disturbance and erosion control regulations at the time of Building Permit. 19. 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. In addition, 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. 20. 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 of the site's new impervious surface area and any other disturbed soils that are not remediated following an approved Soil Management Strategy Advisory Planning Commission March 28, 2017 Page 9 of 12 21. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide construction details of the proposed sub -surface infiltration chamber galleries for City review/acceptance by the City Engineer and include in construction plans. Construction details shall include infiltration system cross-section(s), acceptable non - limestone rock base/backfill material and depth, limits of bottom fabric, etc. to ensure infiltration/filtration practice is properly designed, constructed, and adequately protected during / after construction to prevent clogging, and able to be properly maintained 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, Details, etc.). 22. The applicant shall provide adequately sized pre-treatment (e.g. 4' minimum sump depth with scour protection and skimmer hood, etc.) at, or immediately upstream of, all stormwater management facilities (e.g. sub -surface infiltration chamber galleries) 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). 23. During sub -surface infiltration chamber gallery system area over-excavation/sub-soil work, the applicant 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 0.5 -inch per hour or greater (but less than 8.0 -inch per hour). If the sub -soil infiltration rates are less than 0.5 -inch per hour (or greater than 8.0 -inch per hour), the applicant shall immediately notify the City Engineer. Documentation shall be provided to the City within 48 -hours after infiltration testing. The applicant shall provide the City Water Resources staff with 24-hour advance notice of the occurrence of infiltration verifications and 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). 24. Prior to receiving city approval to permit land disturbing activity, the property owner 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, sod, permanent seeding or plant materials, 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.). 25. Prior to proceeding with land disturbing activity, the Property Owner shall enter into a long-term stormwater management system maintenance agreement with the City, detailing the annual inspection 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. 26. Before the city returns any Stormwater-related Performance Guarantee Fees on the development site, the applicant shall provide the City Engineer as -built plans that demonstrate that all constructed stormwater conveyance structures, stormwater Advisory Planning Commission March 28, 2017 Page 10 of 12 management facilities (sumps, sub -surface infiltration chamber galleries, etc.) conform to design and/or construction plans, as approved by the City. The applicant shall submit to the City Engineer certification that the stormwater management facilities have been installed in accordance with the plans and specifications approved. 27. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 28. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the premises (FTTP). The applicant shall provide such a plan for review and approval by City staff. This development shall include the installation of fiber optic cable, or a conduit for future installation, in its construction plans prior to the issuance of a Building Permit. 29. Public trail easement shall be provided over the existing trail along the north edge of the property extending to the east property line, for possible extension and connection of this trail to the future regional Greenway trail within Inver Grove Heights. 30. The applicant shall provide a cross parking easement/declaration between the two parcels in a form acceptable to the City Attorney, the agreement shall contain a provision that it cannot be terminated without approval from the City. All voted in favor. Motion carried 7-0. Member Piper moved, Member Weimert seconded a motion to recommend approval of a Planned Development Amendment to change the use and Site Plan from office/warehouse to parking as a principal use upon property located at 505 Shanahan Way, legally described as Lot 2, Block 1, Boulder Lakes, subject to the following conditions: An Amendment to the Boulder Lakes Preliminary Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office. Proof of recording shall be provided to the City. The PD Amendment Agreement shall require the use on the remaining lots within the PD to be preserved as set forth in the original PD Agreement to maintain compatibility with the Major Office land use and Research and Development zoning designations. The PD Amendment Agreement shall include the following exhibits: a. Site Plan b. Landscape and Tree Mitigation Plan c. Site Lighting Plan 2. For purposes of off-site off-street parking as a principal use on Lot 2, Block 1, Boulder Lakes, the parcel is deemed servient to the principal use located on the dominant parcel of Lot 1, Block 1, Boulder Lakes 3rd Addition. 3. Parking setbacks shall be provided in accordance with the City's Zoning ordinance. Parking lot layout and access shall be as depicted on the approved Site Plan. 4. Parking stalls shall be a minimum of 9' x 18', and drive aisles a minimum 24' wide. Advisory Planning Commission March 28, 2017 Page 11 of 12 5. Park dedication for the development shall be satisfied through cash dedication. The amount due shall be calculated and collected at the time of Building Permit at the rates then in effect. 6. The existing easement between Lots 1 and 2, Block 1, Boulder Lakes shall be terminated prior to full occupancy of the new building on Lot 1, Block 1, Boulder Lakes 3rd Addn. 7. A cross parking easement/declaration agreement shall be provided, in a form acceptable to the City Attorney, and shall contain a provision that the agreement cannot be terminated without approval from the City. 8. No building permit shall be issued for the servient parcel, Lot 2, Block 1 Boulder Lakes, without first obtaining approval of a PD Amendment to permit a building on the lot. Through the PD Amendment process, evaluation of the parking needs for the servient and dominant parcel can be reevaluated by the City to determine if development of the servient parcel can proceed. All voted in favor. Motion carried 7-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: March 23, 2017 (revised Mar. 30, 2017) APPLICANT: Eagan Heights LLC PROPERTY OWNER: Eagan Heights LLC REQUEST: Planned Development Amendment CASE: 01 -PA -04-02-17 HEARING DATE: March 28, 2017 APPLICATION DATE: Mar. 1, 2017 PREPARED BY: Pamela Dudziak LOCATION: 2900 Ames Crossing Road; 505 Shanahan Way COMPREHENSIVE PLAN: MO, Major Office ZONING: PD, Planned SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment to change the use and Site Plan from office/warehouse to multi -story office and parking as a principal use, for property located at 2900 Ames Crossing Road and 505 Shanahan Way, legally described as Lot 1, Block 1, Boulder Lakes 3'd Addition, and Lot 2, Block 1, Boulder Lakes. 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 The site has been zoned PD since the early 1990's. The original Planned Development for the property was established in 2006, and included multiple parcels totaling approximately 85 acres located north of Lone Oak Road just west of the Inver Grove Heights border. The initial term of the Preliminary PD was five years, and was extended by five years to November 9, 2016. The Preliminary PD has now expired, but has not been terminated. To date, two buildings in the Boulder Lakes PD have been constructed and four parcels remain vacant. Planning Report — Prime Therapeutics March 28, 2017 Page 2 The subject site consists of the northerly vacant parcel adjacent to Shanahan Lake (2900 Ames Crossing Road, L1 B1 Boulder Lakes 3rd Addn.), and the easterly vacant parcel at the east end of Shanahan Way (505 Shanahan Way, L1 B1 Boulder Lakes); both are platted lots. Access to the properties is provided via Ames Crossing Road to the west, and via private street Shanahan Way. The 2006 Preliminary PD identified the parcel at 2900 Ames Crossing Road for two multi -story office buildings totaling 300,000 s.f.. The use of the other parcel at 505 Shanahan Way was identified for a 34,000 s.f. single -story office (88%) and warehouse (12%) building. In 2009, the City approved an amendment to the Planned Development for 505 Shanahan Way to allow parking as a principal use, for supplemental parking to support a call center tenant with high parking demand on the adjacent property to the southwest. The parking lot was constructed in accordance with the Preliminary Site Plan, leaving an open space for the anticipated future building. The PD Amendment Agreement allowing parking as a principal use on this lot had a 5 year term which expired in November 2016, but has not been terminated. While the PD Amendment Agreement has now expired, the existing cross easement driveway and parking agreement has an expiration date of October 31, 2019. Also, the PD Amendment Agreement states no building permit shall be issued for this property until the parking rights granted to the adjacent lot are extinguished or the applicant submits a plan to the satisfaction of the City that it has provided adequate parking for that property. In 2015, a PD Amendment was approved for the principal parcel at 2900 Ames Crossing Road to change the use from two multi -story office buildings to two single -story office warehouse buildings. The PD Amendment Agreement established a new 5 year term, with an expiration date of Sept. 1, 2020. Application was made for Final Planned Development approval, but was not completed, and was withdrawn when the current development proposal was submitted. EXISTING CONDITIONS The principal parcel at 2900 Ames Crossing Road is vacant and was previously graded. Storm drainage improvements were previously installed to the northwest of the lake, and a bituminous trail extends from Ames Crossing Road eastward along the north side of the lake. Tree removal occurred with the initial Boulder Lakes development, and there remains an outstanding tree mitigation amount applicable to this parcel. The smaller parcel at 505 Shanahan Way contains a parking lot which is currently utilized by the property to the southwest at 3000 Ames Crossing Road (Lot 1 Block 1, Boulder Lakes). This site was previously graded, and the existing parking lot was landscaped in accordance with the preliminary development plans for the property. Access to this parcel is provided at two points from Shanahan Way, with one of those being shared with the adjacent property. Planning Report — Prime Therapeutics March 28, 2017 Page 3 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REO UEST Descrintion of Proposal — The proposed Amendment changes the use of the northerly property from two single -story office/warehouse buildings to a single multi -story office building of approximately 410,000 s.f. The Amendment also proposes to change the use of the smaller parcel to parking as a principal use. The intent is to fill out the entire lot with parking and no longer leave a space for a future building, to provide additional parking to supplement the development that can be accommodated on the northerly lot alone, as well as for this supplemental lot to continue to be available to support the existing building to the south. The 2006 Preliminary PD utilized the RD zoning district for comparable development standards. RD is also a comparable zoning district for the proposed multi -story office use. Therefore, in addition to the established Planned Development for the property, the RD zoning standards are also applied in this evaluation. . Compatibility with Surrounding Area — The subject site is guided Special Area/Major Office, which is intended to accommodate "a mix of corporate office buildings, research and development facilities, educational/ vocational institutions, and hotels. Warehouse and storage uses are only allowed as accessory uses." The proposed multi -story office use is compatible with the MO, Major Office land use designation of the property. Many of the development standards in the Boulder Lakes PD were considered in a comprehensive way across the entire 85 -acre Planned Development. Continuing that approach with the current proposal, and assuming the other two lots develop in accordance with the approved Preliminary Plan, the aggregate land use within the PD would be 641,846 s.f. office, and 28,000 s.f. warehouse. While the Zoning Ordinance generally does not allow parking as a principal use, off-site off- street parking is allowed by Conditional Use Permit (CUP) or through a Planned Development in lieu of a CUP where the off-site off-street parking is supplemental to a principal use on another ExistingUse Zoning Land Use Designation North Vacant; cultivated A, Agricultural SA/MO, Special Area/ Major Office East _ Vacant (IGH) Agricultural Low -Medium Density PD, Planned Development Residential _ SA/MO, Special Area/ South Office/Warehouse (Boulder Lakes) Major Office West Office (MISO & PD, Planned Development SA/MO, Special Area/ Ecolab) Mai or Office EVALUATION OF REO UEST Descrintion of Proposal — The proposed Amendment changes the use of the northerly property from two single -story office/warehouse buildings to a single multi -story office building of approximately 410,000 s.f. The Amendment also proposes to change the use of the smaller parcel to parking as a principal use. The intent is to fill out the entire lot with parking and no longer leave a space for a future building, to provide additional parking to supplement the development that can be accommodated on the northerly lot alone, as well as for this supplemental lot to continue to be available to support the existing building to the south. The 2006 Preliminary PD utilized the RD zoning district for comparable development standards. RD is also a comparable zoning district for the proposed multi -story office use. Therefore, in addition to the established Planned Development for the property, the RD zoning standards are also applied in this evaluation. . Compatibility with Surrounding Area — The subject site is guided Special Area/Major Office, which is intended to accommodate "a mix of corporate office buildings, research and development facilities, educational/ vocational institutions, and hotels. Warehouse and storage uses are only allowed as accessory uses." The proposed multi -story office use is compatible with the MO, Major Office land use designation of the property. Many of the development standards in the Boulder Lakes PD were considered in a comprehensive way across the entire 85 -acre Planned Development. Continuing that approach with the current proposal, and assuming the other two lots develop in accordance with the approved Preliminary Plan, the aggregate land use within the PD would be 641,846 s.f. office, and 28,000 s.f. warehouse. While the Zoning Ordinance generally does not allow parking as a principal use, off-site off- street parking is allowed by Conditional Use Permit (CUP) or through a Planned Development in lieu of a CUP where the off-site off-street parking is supplemental to a principal use on another Planning Report — Prime Therapeutics March 28, 2017 Paae 4 parcel. More specifically, where the parking as a principal use occurs on a "parcel of land which shall be deemed servient to a dominant parcel on which a principal use is located and served by the off-site off-street parking on the servient parcel." The Zoning Ordinance establishes certain performance standards for such use, and the proposed supplemental parking on Lot 2, Block 1, Boulder Lakes at 505 Shanahan Way will be evaluated against these provisions in the Zoning Ordinance. Public Benefit — The applicant's narrative indicates that the proposed amendment will provide more jobs and additional office space in the Boulder Lakes office park area. The proposal reverts back to the original multi -story office use initially identified for this property in the 2006 Planned Development. With five stories and 410,000 s.f. versus 300,000 s.f., the current office proposal is more intense than envisioned in the original Planned Development. Airport Compatibility — The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. The current noise policy contours place this site within the buffer zone of Noise Zone 4. The Met Council's land use compatibility guidelines consider office and warehouse uses to be compatible in this zone. Lots — Both subject parcels are platted lots. The principal parcel proposed for multi -story office use is Lot 1, Block 1, Boulder Lakes 3rd Addition contains 43 acres. The smaller parcel proposed for off-site off-street parking as a principal use is Lot 2, Block 1, Boulder Lakes, and consists of 4.3 acres. Within the Shoreland Overlay District, only land area above the Ordinary High Water Level may be included in the lot area. For the principal parcel, the land area above the OHWL is 1,481,709 s.£, or 34 acres. This is also the base lot area for determining other performance standard ratios such as building coverage and impervious surface coverage. Site Plan — The Site Plan shows one building with surface parking to the south. The building has 410,000 s.f. in five stories, with a 97,054 s.f. footprint. Access to the site is from Ames Crossing Road to the west and Shanahan Way to the south. The building is situated just south of the lake, with an outdoor patio on the north side of the building. Surface parking occupies the southern portion of the property, with a smaller parking lot off the northeast corner of the building, and the supplemental parking lot across Shanahan Way to the southeast. Service areas for the building including loading docks, ground mechanical equipment and trash storage are located at the east end of the building. Minimum building setbacks are satisfied. An east -west pedestrian walkway is proposed along the south side of the building, and a north -south walkway is proposed though the parking lot. Shoreland Zoning' Standards — The site lies within the shoreland overlay district of Shanahan Lake, a general development State DNR waterbody. The lake and surrounding wetlands occupy the northern portion of the site. Planning Report — Prime Therapeutics March 28, 2017 Page 5 The Shoreland Ordinance is applied as an overlay in conjunction with the base zoning of the property. The purpose and intent of the Shoreland Ordinance is "to regulate the use and development of shorelands of public waters to preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands and provide for effective and efficient use of waters and related land resources." The shoreland zone extends 1,000 feet from the Ordinary High Water Level of the protected lake. In addition to standard zoning requirements, the shoreland zoning ordinance contains provisions regarding density, vegetation removal, open space, setbacks, and impervious surface coverage and building height. The Shoreland Ordinance allows for impervious coverage to exceed 25% with a conditional use permit, or as part of a Planned Development in lieu of a conditional use permit, provided "the City has approved and implemented a community -wide stormwater management plan ... and required the necessary water quality mitigation features to meet non -degradation standards for phosphorous for the nearest downstream recreational water body." Shoreland performance standards were aggregated over the entire Planned Development, both in 2006 with the initial establishment of the Boulder Lakes PD, and in 2015 with the PD Amendment for the northerly parcel adjacent to the lake. Much of the open space is concentrated around the lake and wetland areas at the north end of the Planned Development. Shoreland Impervious —The 2006 Planned Development exceeded 25% impervious coverage with an aggregate 52% impervious within the Shoreland Zoning area. The proposed development included stormwater management and water quality treatment facilities to mitigate those impacts. The current PD Amendment also exceeds 25% impervious coverage. Impervious coverage is now proposed at 1,025,486 sf., or 44.8% of the Shoreland Zoning area (2,286,664 s.f.), a net reduction. On an individual lot basis, the principal parcel proposes 49.9% impervious coverage, and the southerly parcel proposes 70.3% impervious coverage. Stormwater management and water quality treatment facilities are proposed and designed to meet current City stormwater management standards. The proposed facilities and standards are discussed in greater detail in in the Stormwater and Water Quality section later in this report. Shoreland Density - For Commercial Planned Developments, Shoreland Zoning allows density increases based on a five -tier structure. This tiered density evaluation is provided on Plan Sheet C310. To summarize, the suitable site area within the Shoreland District is 1,885,127 s.f., and the total allowable tiered density within the Shoreland District calculates to 1,061,066 s.f. (building and impervious coverage using density multipliers across tiers). The current proposal results in 1,025,486 s.f. coverage within the Shoreland Zoning area, which is below the allowable amount and is considered acceptable. Shoreland Open Space — Shoreland zoning requires at least 50% of the project area to be preserved as open space. The open space standard is based on the total site area within Shoreland Zoning which is 2,286,664 s.f., and must include at least 50% of the Shore Planning Report — Prime Therapeutics March 28, 2017 Page 6 Impact Zone as well as areas with similar characteristics unsuitable for development in their natural state. At least 50% of the Shore Impact Zone shall be preserved in its natural state. The Shore Impact Zone for this lake extends 25 feet from the OHWL. The land area north of the lake comprises a substantial amount of the open space for the entire Boulder Lakes Planned Development. The current proposal continues to preserve the Shore Impact Zone in open space, as well as the conservation easement area, which is larger than the Shore Impact Zone and extends further than the minimum structure setback of 50' from the OHWL of the lake. Proposed open/green space within the Shoreland Zoning area is 1,261,178 s.f., or 55.2%. This standard is considered satisfied. Bulk Standards — Many of the bulk standards were aggregated over the entire 85 -acre Boulder Lakes Planned Development site due to the lake and wetland areas on the northern portion of the site, and tiered density allowances of the Shoreland zoning ordinance. As a result, the evaluation of the proposed PD Amendment takes into account the existing and planned future development throughout the rest of the Planned Development to determine the net or aggregate impact of the proposed Amendment. Building Setbacks — Shoreland Zoning establishes a minimum 50' structure setback from the Ordinary High Water Level of Shanahan Lake. The Site Plan identifies the OHWL and the 50' structure setback line, and the building and retaining walls both satisfy this minimum setback distance. The proposed building far exceeds typical minimum setback distances to other property lines. Parking Setbacks — Parking setbacks from public right-of-way is 20', and the Site Plan does comply with this setback from Ames Crossing Road. Shanahan Way is a private street, and the City Code does not specify a minimum parking setback from private streets. The proposed parking setback along this private street varies, with the closest measure being 9.7'. This is acceptable; if treated similar to a side or rear yard, the minimum parking setback would be 5'. The setback of existing parking south of Shanahan Way exceeds the 20' standard for a public street. Area in s.f. Percentage Calculation Shoreland Area (gross) 2,286,664 Site Suitable Area 1,885,127 Proposed Impervious w/in Shoreland Area 1,025,486 44.8% Density (coverage) w/in Shoreland Site Suitable Area 1,025,486 54.4% Open Space w/in Shoreland Area 1,261,178 55.2% Bulk Standards — Many of the bulk standards were aggregated over the entire 85 -acre Boulder Lakes Planned Development site due to the lake and wetland areas on the northern portion of the site, and tiered density allowances of the Shoreland zoning ordinance. As a result, the evaluation of the proposed PD Amendment takes into account the existing and planned future development throughout the rest of the Planned Development to determine the net or aggregate impact of the proposed Amendment. Building Setbacks — Shoreland Zoning establishes a minimum 50' structure setback from the Ordinary High Water Level of Shanahan Lake. The Site Plan identifies the OHWL and the 50' structure setback line, and the building and retaining walls both satisfy this minimum setback distance. The proposed building far exceeds typical minimum setback distances to other property lines. Parking Setbacks — Parking setbacks from public right-of-way is 20', and the Site Plan does comply with this setback from Ames Crossing Road. Shanahan Way is a private street, and the City Code does not specify a minimum parking setback from private streets. The proposed parking setback along this private street varies, with the closest measure being 9.7'. This is acceptable; if treated similar to a side or rear yard, the minimum parking setback would be 5'. The setback of existing parking south of Shanahan Way exceeds the 20' standard for a public street. Planning Report — Prime Therapeutics March 28, 2017 Page 7 Building Coverage — On the whole, the current proposal is a net reduction in building coverage from both the 2015 PD Amendment and the 2006 Preliminary PD across these two parcels. The current allowed building coverage is 189,756 s.f, and this proposal reduces that to 97,054 s.f., which is less than 10% of the area of these two lots combined. The 2006 Preliminary PD aggregated building coverage over the entire site, and acknowledged that individual lots may exceed the typical RD maximum of 20%. The Preliminary PD proposed 70,000 s.f. of building coverage on the northerly parcel. The 2015 PD Amendment approving two office/warehouse buildings resulted in a net increase in building coverage to 155,756 s.f. on the northerly parcel alone. The current PD Amendment proposes building coverage of 97,054 s.f. on the principal parcel. The proposed parking as a principal use on the southerly parcel results in 0 s.f. building coverage for that lot, a reduction of 34,000 s.f. Building Height — The 2006 plan for two five -story office buildings on the northerly parcel exceeded the maximum building height of 35' established for Shoreland Zoning, and provided building setbacks from Shanahan Lake that were double the minimum required. In the 2015 PD Amendment, building height was reduced below 35' for the single -story warehouse development. Similar to the initial Planned Development approval in 2006, the current PD Amendment proposes building height in excess of 35' for a five -story office building. The minimum building setback of 50' from the lake is maintained, and is no longer double as it was in the 2006 Planned Development. With the difference in grade, the building is four stories from the south and five stories facing north. Building height is thus 56' on the south side, and 72' on the north side. A mechanical screening enclosure projects another 15' above the roof level, which extends along most of the building length as viewed from the north and south. The typical RD standard is a maximum building height of 45', and the Shoreland Zoning maximum is 35'. Thus, the proposed office building height exceeds both of these maximum height standards. The acceptability of this deviation to maximum building height is a policy matter to be determined by City officials, and can be accommodated within Planned Development zoning. Green Space — The typical RD zoning standard is a minimum 25% green space. On an individual lot basis, the northerly parcel, the PD Amendment proposes 50.1% of pervious Building Coverage (for these 2 parcels) L1 B1, BL 3rd L2 B1, BL 2900 Ames Crossing Rd. 505 Shanahan WaG 2006 Planned 104,000 sf 70,000 sf 34,000 sf Development 2015 PD Amt. 189,786 sf 155,756 sf 34,000 sf 2017 PD Amt. 97,054 sf 97,054 sf 0 Proposed j Building Height — The 2006 plan for two five -story office buildings on the northerly parcel exceeded the maximum building height of 35' established for Shoreland Zoning, and provided building setbacks from Shanahan Lake that were double the minimum required. In the 2015 PD Amendment, building height was reduced below 35' for the single -story warehouse development. Similar to the initial Planned Development approval in 2006, the current PD Amendment proposes building height in excess of 35' for a five -story office building. The minimum building setback of 50' from the lake is maintained, and is no longer double as it was in the 2006 Planned Development. With the difference in grade, the building is four stories from the south and five stories facing north. Building height is thus 56' on the south side, and 72' on the north side. A mechanical screening enclosure projects another 15' above the roof level, which extends along most of the building length as viewed from the north and south. The typical RD standard is a maximum building height of 45', and the Shoreland Zoning maximum is 35'. Thus, the proposed office building height exceeds both of these maximum height standards. The acceptability of this deviation to maximum building height is a policy matter to be determined by City officials, and can be accommodated within Planned Development zoning. Green Space — The typical RD zoning standard is a minimum 25% green space. On an individual lot basis, the northerly parcel, the PD Amendment proposes 50.1% of pervious Planning Report — Prime Therapeutics March 28, 2017 Page 8 area/green space. For the southerly parcel, 27.2% green space is proposed. Thus the green space ratio for both parcels is acceptable. Parkin — All parking lots are designed with 9' x 18' stalls, and 24' wide drive aisles. The 24' drive aisle satisfies City Code standards, and while smaller than the typical City Code standard of 10' x 19', the proposed 9' x 18' stall dimensions are consistent with the 2006 Planned Development approval. For office uses, City Code requires one parking stall for each 150 s.f. of net leasable area, which is defined as 80% of the building's gross floor area. Thus, the proposed building would require 2,187 parking stalls. The Site Plan proposes 1,725 stalls on the same lot as the building. This is a deficiency of 462 stalls, or 21 % of the total. Supplemental off-site parking is proposed on Lot 2 Block 1 Boulder Lakes in the amount of 322 stalls. Through a prior PD Amendment and easement agreement in 2009, off-site off-street parking on this lot is also available for use by tenants of the adjacent existing building to the southwest at 3000 Ames Crossing Road (Lot 1 Block 1 Boulder Lakes). This existing easement agreement remains in effect through October 31, 2019. Sec. 11.70, Subd. 4 of the City Code permits "off-site off-street parking as a principal use on a parcel of land which shall be deemed servient to a dominant parcel on which a principal use is located and served by the off-site off-street parking ... on the servient parcel." The intent is to provide supplementary parking to complement existing parking on the dominant parcel. It is not intended to allow off-site parking as a principal use in greater number, amount or area than exists on the dominant parcel. Such a use requires a Conditional Use Permit, or specific approval through Planned Development zoning in lieu of a CUP. Specific performance standards are outlined in the ordinance, and evaluated below: Required Parking Proposed Difference L1 B1 BL 3r" 2,187 (100% office) 1,725 -462 2900 Ames Crossing Rd. Pro )osed 410,000 s.f. office L2 B1 BL N/A 322 N/A 505 Shanahan Wav 2,187 (100% office) 2,047 -140 Total Ll BI BL 506 (at 75% office) 513 (existing) +7 3000 Ames Crossing Rd. Existing: 115,750 s.f bldg. 617 (at 100% office) 513 (existing) -104 2,693 (assumes 75% 2,560 -133 Combined office of ex �. b14.`� 2,804 (assumes 100% 2,560 -244 Totals office of ext bld > . Sec. 11.70, Subd. 4 of the City Code permits "off-site off-street parking as a principal use on a parcel of land which shall be deemed servient to a dominant parcel on which a principal use is located and served by the off-site off-street parking ... on the servient parcel." The intent is to provide supplementary parking to complement existing parking on the dominant parcel. It is not intended to allow off-site parking as a principal use in greater number, amount or area than exists on the dominant parcel. Such a use requires a Conditional Use Permit, or specific approval through Planned Development zoning in lieu of a CUP. Specific performance standards are outlined in the ordinance, and evaluated below: Planning Report — Prime Therapeutics March 28, 2017 Page 9 C. Performance standards, termination and noncompliance. 1. Standards. No off-street parking or outdoor storage, as described in subparagraph A, shall be permitted unless the following conditions are met ... : (a) The dominant parcel, which shall be served by the off-street parking or outdoor storage on the servient parcel, cannot physically accommodate the parking or storage needs of the principal use on the dominant parcel. The dominant parcel contains the provides 1,725 parking stalls, whereas the use requires 2,187 stalls. Therefore, this standard is satisfied. (b) The parcel on which the off-street parking or outdoor storage is located and the dominant parcel which the off-street parking or outdoor storage serves shall be within the same zoning districts .... Both parcels are located in Planned Development zoning, and also within the same Boulder Lakes Planned Development. Therefore this standard is satisfied. (c) The servient parcel on which the off-street parking or outdoor storage area is located is a reasonable distance not to exceed 660 feet at the closest point from the lot line of the dominant lot to be served by the off-street parking or outdoor storage area. The servient parcel (L2 B1 Boulder Lakes) is adjacent to the dominant parcel (Ll B1 Boulder Lakes 3rd). The parcels share a boundary within the private street of Shanahan Way. Therefore, this standard is satisfied. (d) The off-site off-street parking area shall meet the requirements for off-street parking set forth in this chapter. The proposed parking stalls are 9' x 18', with 24' drive aisles. These dimensions are consistent with the Boulder Lakes Preliminary Planned Development, and with the parking dimensions provided on the dominant parcel. Therefore, this standard is satisfied. (e) The off-site outdoor storage area shall meet the requirements set forth in section 11. 70, subd.[211, except those provisions governing building or height restrictions. The off-site off-street parking meets typical parking lot design standards with landscaped islands, curbing, bituminous pavement, and adequate lighting for safety, security and site circulation. Therefore, this standard is satisfied. (fl Off-site off-street parking and off-site outdoor storage on the servient parcel shall have fewer parking spaces, less area, and less outdoor storage area than the dominant parcel. The servient parcel provides 322 parking stalls; the dominant parcel provides 1,725 stalls. Therefore, this standard is satisfied. Termination. Any conditional use permit issued under this subdivision or any right to obtain a conditional use permit under this subdivision shall terminate upon the development of the servient lot on which the off-street parking or outdoor storage area is located or upon the termination of the principal use located on the dominant parcel to which the off-street parking or outdoor storage area serves, whichever occurs first. A cross parking easement/declaration agreement should be provided, in a form acceptable to the City Attorney, and should contain a provision that the easement cannot be terminated without approval from the City. No building permit shall be issued for the servient parcel, L2 B 1 Boulder Lakes, without first obtaining approval of a PD Amendment to permit a building on the lot. Through the PD Amendment process, Planning Report — Prime Therapeutics March 28, 2017 Page 10 evaluation of the parking needs for the servient and dominant parcel would be reevaluated by the City to determine if development of the servient parcel can proceed. In addition, because off-site off-street parking is considered a conditional use, the evaluation standards pertaining to Conditional Use Permits in Section. 11.50, Subd. 4 also apply. It is a matter for City officials to determine if these standards are satisfactorily met: Evaluation criteria. The advisory planning commission shall recommend a conditional use permit and the council shall issue such conditional use permit 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 Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance and use with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. S. 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 traff c 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. Signage — The Sign Ordinance allows only one free-standing sign per building, and this Planned Development proposes two free-standing signs on the northerly parcel. One is a larger monument at the northerly driveway entrance from Ames Crossing Road, and the other is a smaller monument at the southern end of the parcel on the corner of Ames Crossing Road and Shanahan Way. Because of the size of the development and different points of access, two monument signs may be reasonable. The number of free-standing signs is a deviation to City Code standards, the acceptability of which is a policy matter for City officials. A typical monument sign design was provided with the application. The sign has a masonry or stone base, with the address and business name panel above. The Sign Ordinance stipulates a maximum sign structure height of 7, with a sign face not to exceed 4' in height. The Sign Ordinance does not limit the width or area of monument signs, provided sign setbacks are met. All monument signs should be subject to design standards in the City's Sign Ordinance. Planning Report — Prime Therapeutics March 28, 2017 Page 11 All building signage should be subject to City Code standards for Research & Development zoning. A Sign Permit should obtained prior to installation of any signs. Building Address Numbers — Building address numbers should be installed consistent with the provisions of Section 2.78 of City Code. Buildinu Elevations/Architecture — The proposed building is five stories and is situated at the north end of the site, overlooking the lake, with a walk -out level opening to an outdoor patio. According to the narrative, the building offers open concept floor plans with views of the lake to the north. Large windows bring natural light deep into the workspace, and the north corners of the building will be accented with areas of curtainwall to accentuate collaborative office areas. An outdoor patio is located on the north side of the building. Prefmished metal panels are proposed to screen rooftop equipment in two large suites. Other metal on the building is utilized as an accent framing windows and doors, and for the sunshade canopy over the main entrance. The exterior building finish materials consist primarily of precast concrete and glass. The precast is an acid etch finish, in both light and dark colors, with different accent features such as a custom pattern or polished outer edges. All four sides of the building have similar treatment. Visual relief is provided through the use of different textures and colors. The darker colors of precast are used on the lower level of the building, and the upper levels have lighter colors. Glazing (windows) make up between 43% and 62% of the finish on all elevations; precast makes up between 44% and 57% of the finish. The Preliminary PD established an expectation that buildings would meet the architectural standards applicable to the Research and Development zoning district. • Each building elevation shall be treated as a front and fagades exceeding 40 feet in width shall be designed with multiple planes, multiple section of coordinating materials, or both to add visual interest every 40 feet. • At least 65% of the building shall be comprised of brick, glass, natural stone, architectural metal panels, and comparable or superior materials, and utilize at least two such materials. • Up to 35% of the building may be comprised of Class H and III material such as specialty concrete block (including rock faced block), masonry stucco, manufactured stone, Exterior Insulation and Finish System (EIFS), architecturally precast textured concrete panels, opaque panels, and other comparable or superior materials. The proposed building falls short of these standards with respect to the number and ratio of Class I exterior finish materials. Only one Class I material (glass) is proposed, and it comprises between 43% and 62% of the various facades of the building. Based on the ordinance, precast concrete is considered a Class III material, and makes up between 44% and 57% of the finish on each facade. The east and west elevations have less glass and more precast; the north elevation has the most glass at 62%. At the time the ordinance was written, precast concrete panels were typically designed for tip -up panel construction used in industrial or warehouse applications, and may have a raked or other Planning Report — Prime Therapeutics March 28, 2017 Page 12 textured finish. The type of precast concrete proposed here is a newer product and offers a variety of finishes, is integrally colored, durable, and low maintenance. Similar precast materials have recently been used and accepted by the City as a Class I or II material in a variety of commercial and office applications such as Central Park Commons (retail commercial), and White House Custom Colour (the production/warehouse facility), and the Minnesota Autism Center (MAC) expansion. MAC has another proposal before the Advisory Planning Commission this month and is requesting consideration of this type of precast concrete as a Class I material. The deviation in the number and type of building materials is a policy matter for City officials, and if acceptable, can be accommodated within PD zoning. Trash Storage/Service Docks/Mechanical Equipment — City Code requires that all ground and roof -mounted mechanical equipment be fully screened. Landscape screening may suffice for ground equipment. Where transformers, generators, or other ground equipment is located, a solid landscape or structural screen is required. Such equipment and screening should be identified on the plans for Building Permit. On new construction, a minimum 30" parapet or screen wall is required, and rooftop mechanical units must be placed at least 20' from the edge of the building. The Site Plan shows the service areas located at the east end of the building. This area contains the loading dock and trash enclosure. An enclosed electrical yard extending 51' out from the building is also located in this area. A screen wall encloses the electrical yard, and a separate screen enclosure contains the trash storage area. The service drive to the loading docks is in between these two enclosures. The two screening enclosures should be designed of materials to match the principal building and fully screen both the trash and ground mechanical areas. The proposed Building Elevation Plans show a mechanical screening enclosure for rooftop equipment that fully surrounds the equipment, and extends 15' above the roof level. This equipment enclosure is set back more than 20' from the edges of the building. The height of the building parapet is not called out on the plans, however, screening of rooftop equipment is accomplished by the full screen panel enclosures. Compliance with placement of equipment, and acceptable screening standards for both rooftop units and ground service and mechanical areas should be shown on the plans and demonstrated at the time of Building Permit. Site Light , — The Site Lighting Plan proposes LED fixtures with shields and cutoffs. The fixtures are mounted on 30' poles, and 14' poles for pedestrian lights which illuminate walkways at the front of the building and along the north -south walkway connecting the building to the southern parcel parking lot. The site photometrics appear acceptable. The northerly parcel shows a minimum illumination of 0.5 fc throughout the extent of the parking lots. The southerly parcel has some areas below 0.5 fc, however, those are at the outer edges of the existing fmished parking lot. The proposed infill Planning Report — Prime Therapeutics March 28, 2017 Page 13 parking area in the central part of this lot achieves 0.5 fc throughout. Light levels at the property edge are acceptable, and approach 1.0 fc and below, with a boundary average of 0.6 fc. The average to minimum ratio is a measure of light uniformity, and an indication of light and dark spots throughout the parking field. Uniformity of lighting is important for safety and security, as large variations in illumination can interfere with the eye's ability to adapt to darker areas. While not specified in the ordinance, an average to minimum ratio of 4.0:1.0 is the typical standard for evaluation. The proposed average to minimum ratio is 4.1:1.0. 0 The applicant may wish to review the proposed site lighting to identify if any adjustments can be made to improve illumination at the outer edges of the supplemental parking on the southerly lot, and to reduce the average to minimum ratio to below 4.0:1.0. If so, such modifications should be reflected in a revised Final Site Lighting Plan at the time of Final Planned Development. Landscoin — The Preliminary Landscape Plan is acceptable with some modifications. The landscape plan shows deciduous trees throughout the site, with a few clusters of evergreen trees located at the east end by the electrical yard, off the west end of the northeast parking lot near the lake, at the west end of the building and northwest corner of the parking lot. Deciduous trees are also proposed along both Ames Crossing Road and the private street of Shanahan Way. Parking islands also contain shade trees, as well as shrubs such as gro-lo fragrant sumac or shrub roses. Screening between parking and public rights of way is provided by a row of shrubs along the edge of the parking lots such as dwarf Korean lilac, and compact American viburnum. Foundation plantings along the south (front) of the building include evergreen bushes along the east wing of the building, and a double row of crabapple trees occupies the area along the west wing of the building. Perennial beds also frame the walkways near the main entrance, as well as the patio area on the north side of the building. Staff has some concern about snow storage with the planting islands and the outer edges of the parking lots being fully planted with woody shrubs. Snow storage can result in damage to woody shrubs, which over time die off and require replacement. The applicant should be aware of this potential landscape maintenance issue, and provide additional information about how snow storage will be accommodated. As discussed in the Tree Preservation section of this report, there are some areas where proposed tree mitigation plantings should instead be considered landscaping, such as along the east edge of the property and the north side of Shanahan Way, and along the sidewalk between the west end of the building and Ames Crossing Road. Doing so would better fulfill the objectives of the landscape ordinance and provide a fully landscaped site not reliant on mitigation plantings, which are to be provided in addition to required landscaping. The Preliminary Landscape and Combined Planting Plans include notes that plants in turf areas along the building and in parking areas will be irrigated, and all plants will be mulched with shredded hardwood mulch. Thus, areas identified for seeding with native grasses and flowers are not proposed to be irrigated, and some of these areas also contain trees. These areas should either be irrigated or the applicant should work with City staff to identify appropriate trees well- Planning Report — Prime Therapeutics March 28, 2017 Page 14 suited to those planting conditions. The Preliminary Plans otherwise lack planting specifications and notes regarding soil preparation and other details, which should be added to the revised Final Plans at the time of Final Planned Development. Tree Preservation — This entire site was previously cleared of trees with the original 2007 application, and resulting initial tree mitigation calculated and partially fulfilled at that time. Therefore, any future significant tree removal, such as for this current application, will be subject to an allowable tree removal set at 0.0%. The balance of the initial site tree mitigation (that portion that was not fulfilled with the 2007 application) has been assigned to each lot within this development and is to be applied as particular parcels are developed. Specific parcels involved with this application that have inherited additional tree mitigation are as follows: a. Parcel 4, L2 Bl Boulder Lakes= 5 Category B trees b. Parcel 5, L1 B2 Boulder Lakes 3d Addn. (formerly Outlot B) =48 Category B trees A tree inventory has been submitted with this application and then field verified by City Forestry staff. The tree inventory indicates that there are thirty-seven (37) significant trees currently existing on site. According to the plan submitted significant tree impacts will result in the removal of thirty-four (34) significant trees (92.0% of the total). Because the proposed removal of significant trees (92%) is more than allowable (0%), there is required tree mitigation. Tree mitigation for this specific application calculates to one hundred six (106) Category B trees. Therefore, final required tree mitigation (including the amount inherited from the 2007 application) is one hundred fifty-nine (159) Category B trees (106 + 5+ 48 = 159), or an equivalent cash amount of $47,700.00. The City Code requires tree mitigation to be in addition to required landscaping. As an objective measure, landscaping alone should comprise 3% of the building value. The City may, however, approve a landscape plan that does not meet the 3% standard if it is determined that the intent of the landscape requirements have been fulfilled. Staff is more concerned that the objectives and intent of the landscape ordinance are fulfilled than that it strictly meet the 3% benchmark. To that end, there are some areas where proposed mitigation should instead be considered landscaping, such as the proposed tree plantings along the east edge of the property, along the north side of Shanahan Way, and along the sidewalk between the west end of the building and Ames Crossing Road. The proposed Tree Mitigation Plan identifies a combination of Category A and B trees, for an equivalent of 104 Category B trees. This only partially satisfies the required mitigation of 159 Category B trees. Also, with more of the plant materials designated to fulfill landscaping requirements, fewer trees will be available for satisfying mitigation requirements on-site. The applicant should submit a revised Tree Mitigation Plan providing fulfillment of the mitigation requirement, for staff review and approval, either in the form of trees installed, cash, or a combination of each. Planning Report — Prime Therapeutics March 28, 2017 Page 15 Topography/Grading — A majority of the two parcels comprising the development site will be disturbed in preparation for the proposed building and parking lots. Site grading, the installation of water and sewer service stubs, and the construction of stormwater ponds to serve the development were constructed with the Boulder Lakes Addition. The site is open and generally slopes from south to north toward Shanahan Lake, with elevations ranging from 906 to 875. The preliminary grading plan is acceptable. All public and private streets, drainage systems, and utilities necessary to provide service to this development should be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies. A detailed land disturbance and erosion control plan should be prepared in accordance with current City land disturbance and erosion control regulations at the time of Building Permit. 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 — Conservation Easements associated with any wetlands surrounding the lake were obtained with the initial platting of the property in 2007, effectively protecting these areas from any future impacts. The applicant is not proposing any wetland impacts with this current proposal. There are no other wetlands on the site, therefore, City Code §11.67, wetland protection and management regulations, does not apply. Stormwater Management/Water f )ualitr — The entire site lies within Drainage District F (as designated in the City Storm Water Management Plan — 2007). The subject property is also within the Shoreland Overlay District of Shanahan Lake (DNR# 19-0054), which is classified for management as L2 - Fishing, Canoeing by Eagan's Water Quality and Wetland Management Plan (2007). Storm water generally flows to the north into city pond FP -8 (Shanahan Lake). The applicant proposes to add new impervious surfaces totaling approximately 16.67 acres to the 34 -acre parcel (43.2 -acres including waterbodies). This site is adjacent to and within the drainage area of Shanahan Lake (FP -8). This 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 Control and 1.1" Volume Control. To meet the 1.1" Volume Control requirement for this development proposal, 66,564 cubic feet of retention will need to be provided, including appropriate pre-treatment for all volume control facilities, if an acceptable Soil Management Strategy is provided for the project's disturbed/ compacted areas that are to be revegetated. Planning Report — Prime Therapeutics March 28, 2017 Page 16 The applicant proposes to meet City water quality/stormwater requirements through the on-site construction of three sub -surface infiltration/rate control chamber galleries (with a total retention volume of 67,855 cubic feet) with rate control outlets to maintain predevelopment peak runoff rates. The majority of the proposed development's stormwater discharge, after on-site treatment, will initially discharge into stormbasin FP- 8.03, prior to discharging into Shanahan Lake. Eagan Water Resources has reviewed the applicant's plans, stormwater design summary and modeling provided for stormwater management and finds that the proposed plans to meet City Code §4.34 Post -Construction Stormwater Management Requirements are acceptable with conditions (see below) to ensure appropriate construction and installation of the sub -surface stormwater infiltration chamber galleries, inclusion of appropriate pre-treatment structures prior to all chamber gallery inlets, effective soil remediation to restore soil permeability on all disturbed areas to be revegetated, and assurances for continued function of the private stormwater management system. The following recommended conditions should apply with the planned development amendment: This development should 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 of the site's new impervious surface area and any other disturbed soils that are not remediated following an approved Soil Management Strategy. Prior to receiving city approval to permit land disturbing activity, the applicant should provide construction details of the proposed sub -surface infiltration chamber galleries for City review/acceptance by the City Engineer and include in construction plans. Construction details should include infiltration system cross-section(s), acceptable non -limestone rock base/backfill material and depth, limits of bottom fabric, etc. to ensure infiltration/filtration practice is properly designed, constructed, and adequately protected during / after construction to prevent clogging, and able to be properly maintained to function as intended. These graphical details and notes should be prominently included in all applicable plan sheets (e.g. Erosion & Sediment Control Plan, Grading Plan, Utility Plan, Details, etc.). • The applicant should provide adequately sized pre-treatment (e.g. 4' minimum sump depth with scour protection and skimmer hood, etc.) at, or immediately upstream of, all stormwater management facilities (e.g. sub -surface infiltration chamber galleries) inlets to provide for effective capture and easily -accessible cleanout of fine -sand sized particles and floatable pollutants. Details should be included in applicable plan sheet(s). • During sub -surface infiltration chamber gallery system area over-excavation/sub-soil work, the applicant should 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 0.5 -inch per hour or greater (but less than 8.0 -inch per hour). If the sub -soil infiltration rates are less than 0.5 -inch per hour (or greater than 8.0 -inch per hour), the applicant should Planning Report — Prime Therapeutics March 28, 2017 Page 17 immediately notify the City Engineer. Documentation should be provided to the City within 48 -hours after infiltration testing. The applicant should 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 should be clearly/prominently listed on appropriate plan sheets) • Prior to receiving city approval to permit land disturbing activity, the property owner should 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, sod, permanent seeding or plant materials, 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 should 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.) • Prior to proceeding with land disturbing activity, the Property Owner should enter into a long-term stormwater management system maintenance agreement with the City, detailing the annual inspection 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. Before the city returns any Stormwater-related Performance Guarantee Fees on the development site, the applicant should provide the City Engineer as -built plans that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (sumps, sub -surface infiltration chamber galleries, etc.) conform to design and/or construction plans, as approved by the City. The applicant should submit to the City Engineer certification that the stormwater management facilities have been installed in accordance with the plans and specifications approved. Utilities — Lateral water and sanitary sewer lines, with service stubs, were installed with previous development along Ames Crossing Road and Shanahan Way, and are available for connection and extension within the proposed 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 Planning Report — Prime Therapeutics March 28, 2017 Page 18 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 prior to the issuance of a Building Permit. Streets/Access/Pedestrian Circulation — Public street access for this site will be to Ames Crossing Road, a commercial/ industrial collector street that extends from Lone Oak Road to O'Neill Drive. A public trail is located along the east boulevard of Ames Crossing Road. A private trail is located along a portion of the north side of Shanahan Way, and around the north side of Shanahan Lake. The Site Plan shows extension of the trail to the east end of Shanahan Way, with the walkway extending further north along the parking lot and connecting with an east -west walkway south of the building. Additional private pedestrian walkways extend from various points of entry to the building to connect with other internal walkways. A north -south walkway within the northerly parcel connects the main building entrance to the southerly parcel parking lot. Pedestrian connections between the two parcels will be provided via new crosswalks across Shanahan Way at the northeast and northwest corners of the parking lot on the southerly parcel. Since initial platting of this property in 2007, Dakota County has planned a future regional trail as part of the County's Greenway project. The alignment of that trail is anticipated to be within Inver Grove Heights to the east, within'/ mile of this site. A public trail connection between Ames Crossing Road and the future regional Greenway trail is desirable. The existing trail along the north side of the lake loops back on itself at the east end of the property. This trail segment was installed with initial development as a private trail, however, if it connects to public trails on both ends, it too should be public. Therefore, public trail easement should be provided over this trail and to the east property line, for possible extension and connection to the future regional Greenway trail within Inver Grove Heights. Easements/Ri{ lits of Way/ Permits — Public drainage & utility easements were dedicated with the platting of the property as Boulder Lakes 3rd Addition. Conservation easements were provided over the wetlands and buffer areas around Shanahan Lake with the initial platting of the property in 2007. Public trail easement should be provided over the existing trail along the north edge of the property extending to the east property line, for possible extension and connection of this trail to the future regional Greenway trail within Inver Grove Heights. The applicant should provide a cross parking easement/declaration between the two parcels in a form acceptable to the City Attorney. Financial Obligation — At this time, there are no pending assessments on either of these two parcels, and trunk and lateral utility charges were paid with previous development. Planning Report — Prime Therapeutics March 28, 2017 Paize 19 Parks and Recreation — The property was platted in 2007 and at that time, it was identified for cash park dedication at the time of development. Park dedication is based on building size and is payable at the time of Building Permit at the rates then in effect. The 2017 Fee Schedule lists the rate for park dedication at $939 for each 1,000 s.f. of building area. Therefore, estimated cash park dedication for the 410,000 s.f. 5 -story office building is $384,990. Cash payment of park dedication for Lot 2, Block 1, Boulder Lakes, will continue to be due at such time as a building is constructed on that parcel. Trail dedication was satisfied in full with the initial development through Public Improvement Project No. 952. SUMMARY/CONCLUSION The applicant is requesting approval of a Planned Development Amendment to change the use and Site Plan on the subject site from office/warehouse building, to multi -story office and parking as a principal use, for two parcels located north of Lone Oak Road and east of Ames Crossing Road. The site is within the Shoreland Overlay District of Shanahan Lake. The 2006 Preliminary Planned Development aggregated many of the site bulk standards over the entire 85 -acre development. The proposed changes were considered in that context, and generally found to be consistent with typical allowances and prior approvals, with some modifications to the Final Plans as described in this report and the suggested conditions of approval. Deviations from typical zoning standards include two versus one free-standing monument sign on the northerly parcel, the use if precast concrete as a primary exterior finish material, building height in excess of the RD standard of 45' maximum, and the amount of on-site parking. Off- site parking as a principal use on the southerly parcel appears to satisfy the performance standards in the City Code. If acceptable, such use also requires specific approval through the Planned Development. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to change the use and Site Plan from office/warehouse to multi -story office for property located at 2900 Ames Crossing Road, legally described as Lot 1, Block 1, Boulder Lakes 3rd Addition. If approved the following conditions shall apply: 1. An Amendment to the Boulder Lakes Preliminary Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office. Proof of recording shall be provided to the City. The PD Amendment Agreement shall require the use on the remaining lots within the PD to be preserved as set forth in the original PD Agreement to maintain compatibility with the Major Office land use and Research and Development Planning Report — Prime Therapeutics March 28, 2017 Paize 20 zoning designations. The PD Amendment Agreement shall include the following exhibits: a. Site Plan 2. A Final Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office prior to issuance of a building permit. Proof of recording shall be provided to the City. The Final Planned Development Agreement shall include the following exhibits: a. Final Site Plan b. Final Building Elevations c. Final Landscape Plan d. Final Signage Plan e. Final Site Lighting Plan 3. Parking stalls not be less than 9 feet in width and 18 feet in depth. 4. All building signage shall be subject to City Code standards for Research & Development zoning, and a Sign Permit obtained prior to installation of any signs. 5. Two free standing monument signs shall be allowed as shown on the approved Site Plan. All monument signs are subject to City Code design and setback standards. A Sign Permit shall be obtained prior to installation of any signs. 6. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City Code. 7. The two screening enclosures shall be designed of materials to match the principal building and fully screen both the trash and ground mechanical areas. 8. Compliance with placement of equipment and screening standards for both rooftop units and ground service and mechanical areas shall be shown on the plans and demonstrated at the time of Building Permit. 9. If adjustments to the site lighting can be made to improve illumination at the outer edges of the supplemental parking on the southerly lot, and reduce the average to minimum ratio to below 4.0:1.0, such modifications shall be reflected in a revised Final Site Lighting Plan at the time of Final Planned Development. 10. Seeded areas planted with trees shall either be irrigated or the applicant shall work with City staff to identify appropriate trees well-suited to those planting conditions. 11. A revised Final Landscape and Combined Planting Plan should be provided at the time of Final Planned Development that includes planting specifications and notes regarding soil preparation and other details. Planning Report — Prime Therapeutics March 28, 2017 Page 21 12. The Landscape and Tree Mitigation Plans shall be revised to designate as landscaping some of the plantings currently identified as mitigation along the east edge of the property, north side of Shanahan Way, and along the sidewalk between the building and Ames Crossing Road. 13. The applicant shall fulfill tree mitigation requirements through the installation of one - hundred fifty-nine (159) Category B trees, or a cash amount of $47,700.00. This required Tree Mitigation Plan shall be in addition to any landscape requirement. 14. The applicant shall submit a revised Tree Mitigation Plan at the time of Final Planned Development providing fulfillment of the mitigation requirement, for staff review and approval, either in the form of trees installed, cash, or a combination of each. 15. The applicant shall ensure the survival of preserved trees via protection of the tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater. 16. The applicant shall contact the City Forestry Division and set up a pre -construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 17. 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. 18. A detailed land disturbance and erosion control plan shall be prepared in accordance with current City land disturbance and erosion control regulations at the time of Building Permit. 19. 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 stornwater 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. 20. 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 of the site's new impervious surface area and any other disturbed soils that are not remediated following an approved Soil Management Strategy. Planning Report — Prime Therapeutics March 28, 2017 Page 22 21. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide construction details of the proposed sub -surface infiltration chamber galleries for City review/acceptance by the City Engineer and include in construction plans. Construction details shall include infiltration system cross-section(s), acceptable non - limestone rock base/backfill material and depth, limits of bottom fabric, etc. to ensure infiltration/filtration practice is properly designed, constructed, and adequately protected during / after construction to prevent clogging, and able to be properly maintained 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, Details, etc.). 22. The applicant shall provide adequately sized pre-treatment (e.g. 4' minimum sump depth with scour protection and skimmer hood, etc.) at, or immediately upstream of, all stormwater management facilities (e.g. sub -surface infiltration chamber galleries) 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). 23. During sub -surface infiltration chamber gallery system area over-excavation/sub-soil work, the applicant 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 0.5 -inch per hour or greater (but less than 8.0 -inch per hour). If the sub -soil infiltration rates are less than 0.5 -inch per hour (or greater than 8.0 -inch per hour), the applicant shall immediately notify the City Engineer. Documentation shall be provided to the City within 48 -hours after infiltration testing. The applicant 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). 24. Prior to receiving city approval to permit land disturbing activity, the property owner 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, sod, permanent seeding or plant materials, 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.). 25. Prior to proceeding with land disturbing activity, the Property Owner shall enter into a long-term stormwater management system maintenance agreement with the City, detailing the annual inspection and maintenance required to occur to ensure proper Planning Report — Prime Therapeutics March 28, 2017 Page 23 operation and performance of the permanent stormwater management system, in a form acceptable to the City Attorney. 26. Before the city returns any Stormwater-related Performance Guarantee Fees on the development site, the applicant shall provide the City Engineer as -built plans that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (sumps, sub -surface infiltration chamber galleries, etc.) conform to design and/or construction plans, as approved by the City. The applicant shall submit to the City Engineer certification that the stormwater management facilities have been installed in accordance with the plans and specifications approved. 27. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 28. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the premises (FTTP). The applicant shall provide such a plan for review and approval by City staff. This development shall include the installation of fiber optic cable, or a conduit for future installation, in its construction plans prior to the issuance of a Building Permit. 29. Public trail easement shall be provided over the existing trail along the north edge of the property extending to the east property line, for possible extension and connection of this trail to the future regional Greenway trail within Inver Grove Heights. 30. The applicant shall provide a cross parking easement/declaration between the two parcels in a form acceptable to the City Attorney, the agreement shall contain a provision that it cannot be terminated without approval from the City. To recommend approval of a Planned Development Amendment to change the use and Site Plan from office/warehouse to parking as a principal use upon property located at 505 Shanahan Way, legally described as Lot 2, Block 1, Boulder Lakes. If approved the following conditions shall apply: An Amendment to the Boulder Lakes Preliminary Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office. Proof of recording shall be provided to the City. The PD Amendment Agreement shall require the use on the remaining lots within the PD to be preserved as set forth in the original PD Agreement to maintain compatibility with the Major Office land use and Research and Development zoning designations. The PD Amendment Agreement shall include the following exhibits: a. Site Plan b. Landscape and Tree Mitigation Plan c. Site Lighting Plan Planning Report — Prime Therapeutics March 28, 2017 Page 24 2. For purposes of off-site off-street parking as a principal use on Lot 2, Block 1, Boulder Lakes, the parcel is deemed servient to the principal use located on the dominant parcel of Lot 1, Block 1, Boulder Lakes 3rd Addition. 3. Parking setbacks shall be provided in accordance with the City's Zoning ordinance. Parking lot layout and access shall be as depicted on the approved Site Plan. 4. Parking stalls shall be a minimum of 9' x 18', and drive aisles a minimum 24' wide. 5. Future park dedication for the development shall be satisfied through cash dedication at such time as a building is constructed on the lot. The amount due shall be calculated at the time of Building Permit at the rates then in effect. 6. The existing easement between Lots 1 and 2, Block 1, Boulder Lakes shall be terminated prior to full occupancy of the new building on Lot 1, Block 1, Boulder Lakes 3rd Addn. 7. A cross parking easement/declaration agreement shall be provided, in a form acceptable to the City Attorney, and shall contain a provision that the agreement cannot be terminated without approval from the City. 8. No building permit shall be issued for the servient parcel, Lot 2, Block 1 Boulder Lakes, without first obtaining approval of a PD Amendment to permit a building on the lot. Through the PD Amendment process, evaluation of the parking needs for the servient and dominant parcel can be reevaluated by the City to determine if development of the servient parcel can proceed. c w c. E vC 3C "� CD d f o CL o Lo cL T- o fs d r •� d �0 O Q4 H d 'L 4 N N C m O Cc c CL a m a o J V d z � � d -1 .1 d m o LL 0: V I r SIHS13H 3AOHP 113ANI lmrlmltirEl+�eit~4m4ip iMll i++� 5 r 4a . 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I A7 I VIPER LrJob SERIES LARGE ViPER LUMINAIRE SPECIFICATIONS Intended use: The Beacon Viper luminaire is available in two sizes with a wide choice of different LED wattage configurations and optical distributions designed to replace HID lighting up to 1000W MH or HPS. Luminaires are suitable for wet locations. Construction: • Manufactured with die cast aluminum. • Coated with a polyester finish that meets ASTM 0117 corrosion test requirements and ASTM D522 cracking and loss of adhesion test requirements. • External hardware is corrosion resistant. • One piece optical cartridge system consisting of an LED engine, LED lamps, optics, gasket and stainless steel bezel. • Cartridge is held together with interna) brass standoffs soldered to the board so that it can be field replaced as a one piece optical system. •Two-piece silicone and microcellular polyurethane foam gasket ensures weather-proof seal around each individual optic. Elechical: • Luminaire accepts i OOV through 277V, 50 Hz to 60 Hz (UNV), 347V, or 480V input. • Power factor is a .90 at full load. • All electrical components are rated at 50,000 hours at full load and 25•C ambient conditions per MIL- 217E Notice 2. • Dimming drivers are standard, but must contact factory to request wiring leads for purpose of external dimming controls. -Component-to-component wifing within the luminal re may carry no more than 8096 of rated load and is certified by UL for use at 600VAC at 90'C or higher. • Plug disconnects are certified by UL for use at 600 VAC, 13A or higher. 13A rating applies to primary (AC) side only. Fixture electrical compartment shall contain all LED driver components and shall be provided with a push-button terminal block for AC power connections. • Optional 7 -pin ANSI C136.41-2013 twist -lock photo control receptacle available. Compatible with ANSI C136A1 external wireless control devices. • Surge protection - 20kA. • Lifeshield" Circuit - protects lu minaire from excessive temperature.The device shall activate at a specific factory -preset temperature, and progressively reduce power over a finite temperature range. Operation shall be smooth and undetectable to the eye. Thermal circuit is designed to"fail on' allowing the luminaire to revert to full power in the event of an interruption of its power supply, or faulty wiring connection to the drivers.The device shall be able to co -exist with other 0-1 OV control devices (occupancy sensors, external dimmers, etc.). Type XL9-XL5 ALT Controls/Options: • Available with an optional passive infrared (PIR) motion sensorcapable of detecting motion 360° around the luminaire, When no motion is detected for the specified time, the motion response system reduces the wattage to factory preset level, reducing the light level accordingly. When motion is detected bythe PIRsensor,the luminaire returns to full wattage and full light output. Please contact Beacon Products if project requirements vary from standard configuration. Available with Energeni for optional set dimming, timed dimming with simple delay, or timed dimming based on time of night (see www.borgnproductLcom/productsteneEgenI . • In addition, Viper can be specified with SiteSyncl wireless control system for reduction in energy and maintenance costs while optimizing light quality 24/7. For more details, see ordering Information or visit- wwwhubbellliahtlno.corn/sites)nc Installation: • Mounting options for horizontal arm, vertical tenon or traditional arm mounting available. Mounting hardware Included. Finish: • IFS polyester powder -coat electrostatically applied and thermocured. IFS finish consists ofa five stage pretreatment regimen with a polymer primer seater and top coated with a thermoset super TGIC polyester powder coat finish. -The finish meets the AAMA 2604 performance specification which includes passing a 3000 hour salt spray test for corrosion resistance and resists cracking or toss of adhesion per ASTM 0522 and resists surface impacts of up to 160 inch -pounds. listings: • DesignLights Consortium (DLC) qualified, consult DLC website for more details: http•JJwww. designtights.org/QPL • Listed to UL1598 and CSA22.2k250.0-24 for wet locations and 40'C ambient temperatures • 3G rated for ANSI C136.31 high vibration applications with SF2 mounting • IDA approved Warranty: Five year limited warranty for more information visit- wwwhubbelilighting.com/resourceslwarranty Approvals PRODUCT IMAGES) DIMENSIONS e n T .- D V Front A B C D Weight: EPA 29.12° 24.19" 14.25" 4.13" 25.0 lbs 1.2 W (740 mm) (614 mm) (362 mm) (105 mm) (11.3 kg) MOUNTING OPTIONS SldeView Rectangular Ann (RA) BeckVew Accepts 2 3/8'01) e....,... .- .- —t tenon, min 41ong.�fL_, J Side View eackView 2-3/8'01) Slip Fitter (SF2) 2.38' CERTIFICATIONSIUSTINGS +I �Cpi,� IKD5 US •]aAaK mew ® CCTe oil} A 6' 2i.4o• a PK2 2.3/8'Adjustable Knuckle zv.94' NB Wall Bracket o sso• t� 0 Ike a= • 20 i r Av=,n a Circle East 6adenton. FL 34203 • Phone: 800.345-4926 ' HUBBELL Due to our continued efforts to Improve our products, product specifications are suNeatto change without notice. Lighting 02D17 BEACON PROBUCTs At RVb Resents • For more Information vfiil our weWW rrvnx. • Wrbd in OSA SPEC 2/17 UBE-20001 Benton Physical Data Length -14.3" Height • MY Weight .73 lbs IP65 - Suitable For Wet Locations IK08 - Impact Resistant ti 11.8• _ k s6• Eo 19-T Mounting Detail LIGHTING USA A stylish Dark Sky Compliant round high performance lightcolumn with downward light distribution using LED Iamps.This light column offers optimal visual comfortthrough glare control by utilizing a controlled optics designed by Ligman.These columns have a round design providing a unique wide light distribution, offering an architecturally appealing clover leaf pattern on the paving. The internal sides of the supporting pillars are accented by light from the LED. Color temperature 2700K, 3000K and 4000K -The minimalistic shape provides distinctive lighting effects by night and decorative urban effect during the day. Suitable for pedestrian areas, precincts, building surrounds, shopping centers, squares and parks.The Benton Column comes standard with a unique waterproof intemal driver housing compartment that is situated at the top of the pole to stop water and dust from entering the electrical components.Thls fixture is supplied completely wired with powercord and waterproof gland from the driver enclosure to the base of the column to ensure quick trouble-free installation. Custom column heights are available to suit customer design requirements, please specify. This luminalre is supplied complete with anchor bolts and top quality die-cast aluminum anchor bolt cover, Reduced custom wattages and dimming can be provided to suit Title 24 and customer require- ments. (Specify total watt requirement per fixture) Designed to complement the Benton bollard UBE-10001 _NM: E2t the square version of the Berton, please see the Vancouver Light Column and Bollard Aluminum Less 0.1 % copper content - Marine Grade 6060 extruded & LMS Aluminum High Pressure die casting provides excellent mechanical strength, clean detailed product lines and excellent heat dissipation. Pre paint 8 step degrease and phosphate process that includes deoxidizing and etching as well as a zinc and nickel phosphate process before product painting. Memory Retentive -Silicon Gasket. Provided with special injection molded "fit for purpose" long life high temperature memory retentive silicon gaskets. Maintains the gaskets exact profile and seal overyears of use and compression. Thermal management. LM6 Aluminum is used for Its excellent mechanical strength and thermal dissipation properties in low and high ambient temperatures. The superior thermal heat sink design by Ligman used in conjunction with the driver, controls thermals below critical temperature range to ensure maximum luminous flux output, as well as providing long LED service life and ensuring less than 10% lumen depreciation at 50,000 hours. Surge Suppresion Standard 10kv surge suppresor provided with all fixtures. BUG Rating 81 -UI -GO Emisbina All Ligman products go through an extensive finishing process that includes fettling to improve paint adherence. Paint. UV Stabilized 4.9MII thick powder coat paint and baked at 200 Deg C. This process ensures that Ligman products can withstand harsh environments. Rated for use in natatoriums. Ifs• Provided Hardware is Marine grade 316 Stainless steel. Anti Seize Screw Holes Tapped holes are infused with a special anti seize compound designed to prevent seizure of threaded connections, due to electrolysis from heat, corrosive atmospheres and moisture. Crystal Clear Low Iran Glass Lens. Provided with tempered, impact resistant crystal clear low iron glass ensuring no green glass tinge. Optics & LED Precise optic design provides exceptional light control and precise distribution of light. LED CRI > 80 Lumen -Maintenance Life LBO /B10 at 50,000 hours (This means that at least 90% of the LED still achieve 80% of their original flux) Stantlxd � xnc _ om Gw-_ M F Lamp LEDCofor Finish Color pKvgrCgprnq� IOwl13) W27.2700K m-rw-rxtmt GFO.GKIBos BD.Red I.— W.0. 4 q-MLw =BL. Blue Le,n 296Mw s w30.3000K m-wrr._•ru�ma MGi•eustomrl.ytxcsnearyl Moto! a=waksiw-141roo6 GA•Greentem AM-AmberLms WGuwnMa Speollr OtherCnlor Ordering Example: UBE - 20MI -40w LED -W30-02 -120/277v- Options PROJECT: DATE: �— TYPE: NOTE:— 7 Head office: QUANTITY: a%��J��v�/ C\\r . Inta•tek - www.ligmanlightingusa.com i — 7144 NW Progress Ct Tel: 503.645-0500 u uaM wwr+.aemxw�• Hillsboro, Oregon 97124 Fax: 503.645-8100 Lam; LED Color Color Volta.,Options UBE 20001 ua sm snos e, ei.a xvn ao crosm wo .mm m a wtr. r.+.W.suw PROJECT: DATE: �— TYPE: NOTE:— 7 Head office: QUANTITY: a%��J��v�/ C\\r . Inta•tek - www.ligmanlightingusa.com i — 7144 NW Progress Ct Tel: 503.645-0500 u uaM wwr+.aemxw�• Hillsboro, Oregon 97124 Fax: 503.645-8100 NownWSNOO and ION r'� o J i i0 �! .,, r�ipi^x# . .,�..� ■r■PlPxxr��sta!■!xl.rxr i■ �"xy .■r ■ ■P■■■rx r',y�.lJilxlrxr.�.! x■!!•r■sw.xaa!A■�s.1P141ux■s■.x■xx.■xxx .�.�x... All..�": _ PK y A. 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A •-'1 �— �-cru';' �, ,,`�j� �� ` \��;E!�.�,a� i.l Ifs ��.r J�a�.� � �+�� {�' �n._\�!�$ nr. ,',. � •'�"•+1 `�\ Y .1�".�i `� ` 77 IL d SES 'a 1 y �,�� ,�; Jai � �� --_ � — �� ' ;• ,— Op all 19 x-� xT �r S' • � 0 a. 'f• � ^'� � � � . � �,�� ` .•' � 'Loi wi 4 - 'r -c _ 5�f � k� •ii l !+ .. �� ' _--149 R-. .-.... .1.. u - ...-7-� ._%•"�' �{��-n .. �_. d � as NOIJ.DnWI5NOO VOJ ION 4b H c� z If p y � p O @ V o � g It ---...--------- �..All i 1 „�1 F'� f p�•� f f 'alr ��,�:r�-rv.-�:.• /�/,` �y� S, ,ice -r` N0110MJISNOP MOJ.LON pp in:6 C, oo u 80 v. - CP `141 1*�� s UNITED � /� 1 PROPERTIES 3600 American Blvd, Ste 750 133117th Street, Ste 604 Minneapolis, Minnesota 55431 Denver, Colorado 80202 952-635-5300 720-898-5870 Project description: Boulder Lakes Office Building, Eagan, Minnesota The new 5 -story, 409,000 square foot office building for a tenant will bring approximately 2,500 - 3,000 employees to Eagan. This new office building is at the corner of Ames Crossing Road and Shanahan Way. The building will offer open concept floor plans with views across the lake. The north side of the building will have an outdoor patio. The exterior material palette consists of dark precast concrete at the base of the building with bands of lighter precast above. Large windows will bring in natural light deep into the workspace. The north corners of the building will be accented with areas of curtainwall to accentuate the collaborative office areas. Timing/Phasing: The building will be constructed in two phases. The building is placed along the southern edge of Shanahan Lake in order to take advantage of the views across the lake to the north. The 236,000 square font Phase 1 office building is on the east side and includes the overall building amenities of a conferencing center as well as a cafeteria and food service. Phase 1 is scheduled to be complete Fall 2018. The Phase 2 building is approximately 173,000 square feet and is scheduled to be complete Fall 2019. Existing and surrounding land uses: Office, Data center, Minnesota Viking's Training Facility What impact does the Planned Development Amendment have on City services: City staff has indicated that this Planned Development Amendment is consistent with the anticipated use for this area and therefore will have no adverse effects on City services. Does the requested land use proposed result in a better use of land? The new office building provides more jobs to the City of Eagan and additional office space to the Boulder Lakes office park area. s:\0000\399\029-01\3. project information\planned development submittal\boulder lakes pud submittal narrative.docx AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER April 4, 2017 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 B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes 2. APPROVE a License Agreement for Construction Staging and Erosion Control with Onion City Lodging, LLC 3. APPROVE a Third Amendment to Sale and Purchase Agreement with Affinity at Eagan, LLC D. PUBLIC HEARING E. OLD BUSINESS F. NEW BUSINESS G. OTHER BUSINESS H. ADJOURN Agenda Information Memo April 4, 2017 Eagan Economic Development Authority Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the Economic Development Authority. If the Economic Development Authority 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. 1. Approve Minutes Action To Be Considered: To approve the minutes of the March 21, 2017 regular Economic Development Authority meeting as presented or modified. Attachments: (1) EDAC1-1 March 21, 2017 Minutes MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota March 21, 2017 A meeting of the Eagan Economic Development Authority was held on Tuesday, March 21, 2017 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 Fields moved, Commissioner Bakken seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 1. It was recommended to approve the minutes of March 7, 2017. 2. It was recommended to approve Findings of Fact, Conclusion and Resolution for the sale of Outlot B, Paragon Addition to Commercial Investment Properties, Co. There was no Old Business. There was no New Business. There was no Other Business. OLD BUSINESS NEW BUSINESS OTHER BUSINESS ADJOURNMENT Commissioner Tilley moved, Commissioner Hansen seconded a motion to adjourn the meeting. Aye: 5 Nay: 0 Date David M. Osberg, Executive Director Agenda Information Memo April 4, 2017 Eagan Economic Development Authority Meeting CONSENT AGENDA 2. Approve a License Agreement for Construction Staging and Erosion Control with Onion City Lodging, LLC. Action To Be Considered: Approve a License Agreement for Construction Staging and Erosion Control with Onion City Lodging, LLC Facts: ➢ On October 31, 2016, the EDA conveyed Lot 1, Block 1, Cedar Grove Parkway Fourth Addition to Onion City Lodging, LLC to construct a Hilton Home2 Hotel. ➢ The property is surrounded by the Cedar Grove Parking Garage and there are limited options for storing construction materials. ➢ The EDA currently owns the adjacent Lot 2, and the Developer has requested that the EDA authorize the Developer's Contractor to use the adjacent lot for staging of construction materials during the construction of the Hotel. ➢ Upon completion of construction, the Developer is required to restore the Lot in accordance with an approved grading plan. The Agreement also allows the EDA to terminate the Agreement upon providing thirty (30) days for the notice. Attachments: (2) EDAC2-1 Location Map EDAC2-2 License Agreement for Construction Staging and Erosion Control I LICENSE AGREEMENT FOR CONSTRUCTION STAGING AND EROSION CONTROL This License Agreement ("Agreement") is made effective as of the day of 2017, by Onion City Lodging LLC, a Minnesota limited liability company, ("Lioensee") in favor of Eagan Economic Development Authority, a public body corporate and politic and a political subdivision of the State of Minnesota, ("EDA"). WHEREAS, EDA is the owner of real property legally described as follows: Lot 2, Block 1, Cedar Grove Parkway 411 Addition, according to the recorded plat thereof ("Lot 2"); and WHEREAS, Licensee has requested a license from EDA to use Lot 2 for construction staging and erosion control in connection with development of adjacent property Iegally described as follows: Lot 1, Block 1, Cedar Grove Parkway 41' Addition, according to the recorded plat thereof ("Lot 1 "); and WHEREAS, EDA is willing to grant the license to the Licensee, subject to the terms and conditions contained herein; NOW, THEREFORE, in consideration of the foregoing and' other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Licensee agrees as follows: 1. License for Construction S and Erosion Co trol. EDA, hereby grants to Licensee a license to use Lot 2 for the limited purposes of construction staging and erosion control in connection with development of Lot 1. Licensee shall maintain erosion control measures on Lot 2 during construction on Lot 1 and after completion of construction on Lot 1 until authorized by the City of Eagan City Engineer (the "City Engineer") to remove the erosion control measures. 2. Restrictions. Licensee shall use Lot 2 only for the purposes of (i) construction staging and erosion control in connection with development of Lot 1 and (ii) ingress and egress pursuant to that certain Declaration of Ingress and Egress Easements dated April 21, 2015, (the "Easement"). Licensee shall not invite or permit any person other than Licensee's employees, agents and contractors to enter Lot 2, except as provided in the Easement. Licensee shall not test or repair any equipment on Lot 2. Licensee shall not transport or store .any hazardous materials upon Lot 2 without the prior written consent of the City Engineer. Licensee's employees, agents and contractors shall not camp or loiter on Lot 2. 3. Condition of Prroty. EDA makes no warranty or representation to Licensee regarding the condition of Lot 2 or the suitability of Lot 2 for any purpose. Licensee assumes all risks related to Licensee's use of Lot 2. 4. Damage to Property. Licensee shall be liable to EDA for any costs, damages and reasonable attorneys' fees incurred by EDA as a result of damage or environmental contamination to Lot 2 caused by Licensee or Licensee's employees, agents, contractors, invitees or permitees. S. D@Me to -F-QWpMenL Licensee shall be solely responsible for protecting the Licensee's materials, equipment and erosion control measures from theft, damage or destruction. 6. Insurance and Indemnification. Licensee shall maintain property insurance on Licensee's materials and equipment in the amount of the full replacement value, worker's compensation insurance as required by Minnesota law, and comprehensive liability insurance in the minimum ammint of $1,000,000.00. Licensee shall provide a copy of the insurance certificates to EDA contemporaneously with the execution of this Agreement. Licensee shall 2 V. release, indemnify, defend and hold EDA and EDA's officers, employees and agents harmless from any and all claims arising out of or related to the use of Lot 2, or the breach of this Agreement, by Licensee or Licensee's employees, agents, contractors, invitees or permitees. 7. Restoagon. Immediately prior to Termination of this Agreement, Licensee shall re -grade Lot 2 as necessary to bring Lot 2 into compliance with the grading plan dated Match 4, 2014, last revised August 26, 2014 and establish vegetative cover for erosion control purposes as required by the City Engineer, all at no cost to the EDA. 8. Termination. This Agreement shall automatically terminate upon (1) issuance of a certificate of occupancy for the building constructed on Lot 1.; and (2) restoration of Lot 2 as set forth in Paragraph 7 of this Agreement. EDA may terminate this Agreement for cause by giving written notice of termination to Licensee. EDA may terminate this Agreement without cause by giving 30 days advance written notice of termination to Licensee. 9. Payment of Costs. Licensee shall reimburse EDA for all costs and expenses incurred by EDA in connection with preparing, implementing and enforcing this Agreement, including, but not limited to, EDA's attorneys' fees. 10. Survival of Obligations. Licensee's obligations under this Agreement shall survive the expiration or earlier termination of this Agreement. IN Wr'INESS WHEREOF, the undersigned has executed this License Agreement. (Signature pages to follow.) 3 License Agreement for Construction Staging and Erosion Control Signature page for Licensee Dated: 2017 Onion City Lodging LLC, a Minnesota limited liability company By: -- .B vent Patel Its: Manager SoWA STATE OF . b) )ss. COUNTY OF CIh1_Son ) The foregoing instrument was acknowledged before me this --6?'7 day of 2017, by Balvant Patel, the Manager of Onion City Lodging LLC, a Minnesota limited liability company, on behalf of the limited liability company. 4s ''" Condon Ma W 901560 kot Publ' My Coaanisaion Expires Feb 8 2020 4 License Agreement for Construction Staging and Erosion Control Signature page for EDA SELLER: Eagan Economic Development Authority U -In By: STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) Mille Maguire Its: President David M. Osberg Its: Executive Director The foregoing instrument was acknowledged before me this _ day of , 2017, by Mike Maguire and David M. Osberg, the President and Executive Director of the Eagan Economic Development Authority, a public body corporate and politic and a political subdivision of the State of Minnesota, on behalf of the political subdivision. APPROVED AS TO FORM: By: Eagan City Attorney Dated: APPROVED AS TO CONTENT: By: Public Works Department Dated: 5 Notary Public THIS INSTRUMENT WAS DRAFTED BY: Dougherty, Molenda, Sol%st, Hills & Bauer P.A. 14985 Glazier Avenue Suite 525 Apple Valley, MN 55124 (952) 432-3138 (RBB) Agenda Information Memo April 4, 2017 Eagan Economic Development Authority Meeting CONSENT AGENDA 3. Approve a Third Amendment to Sale and Purchase Agreement with Affinity at Eagan, LLC. Action To Be Considered: Approve a Third Amendment to Sale and Purchase Agreement with Affinity at Eagan, LLC. Facts: ➢ On October 6, 2015 the EDA entered into a Purchase Agreement to sell Outlot A, Paragon Addition, to Affinity at Eagan, LLC. The agreement has been amended on June 9, 2016 and also on January 3, 2017. ➢ Due to scheduling delays, Affinity has requested that EDA extend the closing date to no later than April 14, 2017, with construction to commence April 17, 2017. Attachments: (2) EDAC3-1 Location Map EDAC3-2 Third Amendment to Sale and Purchase Agreement I THIRD AMENDMENT TO SALE AND PURCHASE AGREEMENT This Third Amendment to Sale and Purchase Agreement is made and entered into this day of March, 2017 by and between Eagan Economic Development Authority, a public body corporate and politic and a political subdivision in the state of Minnesota (hereinafter the "Seller") and Affinity at Eagan, LLC, a Washington limited liability company (hereinafter the 'Buyer"). (Buyer and Seller are hereinafter collectively referred to as the "Parties.") WHEREAS, the Parties entered into a Sale and Purchase Agreement dated October 6, 2015, which was amended on June 9, 2016 and on January 3, 2017 (collectively the "Agreement"); and WHEREAS, the Parties are desirous of amending the Agreement to extend the Closing Date. NOW THEREFORE, in receipt of the foregoing and other good and valuable consideration, the Parties hereby amend the Agreement as follows: follows: Amendment of Paragraph 7(a). Paragraph 7(a) is hereby amended to read as (a) CLOSING DATE. The closing of the purchase and sale contemplated by this Agreement (the "Closing") shall occur no later than April 14, 2017 (the "Closing date"). The Closing shall take place at 10:00 a.m. local time at the office of Title Company, or such other location as determined by the Buyer. 2. Except as herein specifically amended, the Agreement is confirmed in all respects. SELLER: Eagan Economic Development Authority, a public body corporate and politic and a political subdivision in the state of Minnesota By: Mike Maguire Its: President By: David M. Osberg Its: Executive Director BUYER: SEUL-SR: Affinity at Eagan, a Washington limited liability company By: Its: i. {�