The URL can be used to link to this page

02/04/2008 - City Council Regular AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING February 4, 2008 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA (At approximately 8: 00 p.m. the Council will take a short recess) III. RECOGNITIONS & PRESENTATIONS IV. CONSENT AGENDA A. APPROVE MINUTES 1j' B. PERSONNEL ITEMS r fl C. APPROVE Check Registers (g D. APPROVE Per Diem Increase for Paid-on-call Firefighters for 2008 E. APPROVE Contract with Dakota County for Sentence to Serve Program F. DIRECT staff to initiate ordinance amendment to Chapter 2, Section 2.78 of the City Code regarding the address of buildings for emergency response. G. DIRECT staff to initiate ordinance amendment to Chapter 10, Section 10.40 of the City Code to add language DD addressing open burning and recreational fires. f?91 4-1. APPROVE Premises Permit for Eagan Lions Club to conduct a charitable gambling operation at Cedarvale Lanes, pp 3883 Cedar Grove Parkway. r. I. APPROVE Plans/specifications for Contract 08-06, City-Wide Sewer Lining Q a*J. APPROVE Final Payment and Authorize City Maintenance for Contract 06-08 (North Ridge Drive Storm Sewer Improvements) f a-7 K. APPROVE Final Payment and Authorize City Maintenance for Contract 07-01 (City-Wide Street Overlays) 2 ag L. APPROVE Amendment to Inspec's Consulting Engineering Agreement for Contract 07-05 (Fire Station and Treatment Plant Re-roofing) P. a9 M. Approve temporary on-sale liquor license and waive license fee for Trinity School at River Ridge ?Ja N. RECEIVE Draft Feasibility Report for Project 967 Wescott Road (Lexington Avenue to TH 149 - Street Revitalization) & Schedule Public Hearing (March 3, 2008) y9 O. AWARD bid for replacement tread mills for the Eagan Community Center V. PUBLIC HEARINGS 4 A. RIGHT-OF-WAY VACATION - Blue Gentian Circle p• B. VARIANCE and CONDITIONAL USE PERMIT - Spectrum Business Park - A Variance to the parking setbacks 77 requirement under the Business Park and the parking space size requirements and A Conditional Use Permit for joint parking located on Lot 1, Block 1, Spectrum Business Park in the NW '/4 of Section 02. VI. OLD BUSINESS Sa A. COMPREHENSIVE GUIDE PLAN AMENDMENT-Paster Enterprises, LLC. A Comprehensive Guide Plan Amendment of approximately 24 acres from Special Area-Office/Service to Special Area-Commercial Retail located in the SE '/4 of Section 9. (Request for continuance to Feb. 19). VII. NEW BUSINESS . A. PLANNED DEVELOPMENT AMENDMENT - Galaxie Cliff Plaza Third Addition - Galaxie Partnership LLC - A Planned Development Amendment to revise square footage of building located at 1895 Plaza Drive on Lot 2, Block 1, Galaxie Cliff Plaza Third Addition in the NW '/4 of Section 32. 10-7/ B. REZONING, PRELIMINARY PLANNED DEVELOPMENT, FINAL PLAT - Blue Gentian Corporate Center - MG Eagan LLC - A Rezoning of approximately 18.08 acres from (A) Agriculture, (BP) Business Park and (R-1) Single Family to (PD) Planned Development and A Preliminary Planned Development of 18.08 acres to create a two story building and a 5-story building with underground and structure parking, and a Final Plat of approximately 18.08 acres located on properties located North & South on Blue Gentian Circle in the NW'/4 of Section 02. / C. ORDINANCE AMENDMENT - An Ordinance Amendment to Chapter 13, Section 13.30, Subdivision 1(D)(2) regarding general grading/drainage/erosion control plan for subdivisions. D. ORDINANCE AMENDMENT - An Ordinance Amendment to Chapter 11, Section 11.65, Subdivision 9(I)(1)(b)(1) regarding shoreland alterations. ~0~ I E. ORDINANCE AMENDMENT - An Ordinance Amendment to Chapter 11, Section 11.70, Subdivision 12 regarding landscaping regulations. Q •137 F. ORDINANCE AMENDMENT- An Ordinance Amendment to Chapter 11, Section 11.50 to add general code compliance as a factor when considering Conditional Use Permit, Interim Use Permit, Rezoning (to Planned Development) and Variance requests. VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY A. Call to Order j 45 B. Adopt Agenda C. Consent Agenda: 1. Approve Minutes 2. Schedule Public Hearing to Consider Sale of City Property for Redevelopment Purposes - Northeast Eagan Redevelopment District D. Old Business 1$1 1. CEDAR GROVE REDEVELOPMENT DISTRICT - Approve Settlement of Grand Slam Relocation Claim ~o l 2. CEDAR GROVE REDEVELOPMENT DISTRICT - Authorize Phase II Environmental Analysis for Core Area E. New Business F. Other Business G. Adjourn X. ADMINISTRATIVE AGENDA / COUNCIL COMMENTS XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. CLOSED SESSION XIII. ADJOURNMENT The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. A City of Eaaau Mello TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: FEBRARY 1, 2008 SUBJECT: AGENDA INFORMATION FOR FEBRUARY 4, 2008 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the February 4, 2008 City Council agenda, the following items are in order for consideration. Agenda Information Memo February 4, 2008 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 the January 15, 2008 regular City Council meeting, January 8, 2008 Special City Council meeting and January 22, 2008 Special City Council meeting as presented or modified. ATTACHMENTS: • Minutes 9f the January 15, 2008 regular City Council meeting are enclosed on pages through • Minutes o the January 8, 2008 Special City Council meeting are enclosed on pages through A. • Minutes of the January 22, 2008 Special City Council meeting are enclosed on pages 1 through 0 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota January 15, 2008 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Fields, Carlson, Tilley and Bakken. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Thursday, January 15, 2008 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Carlson, Fields, Tilley and Bakken. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, City Engineer Russ Matthys; City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS Holz Farm - National Register of Historic Places A presentation was made regarding the designation of Holz Farm on the National Register of Historic Places. A plaque was presented on behalf of the Friends of the Farm and City of Eagan. Sonya Rippe - Recipient of the Dorthea Nelson Award Sonya Rippe, Recreation Facilities Manager was recognized for the recent Dorothea Nelson Award that was presented to her by the Minnesota Recreation and Parks Association. CONSENT AGENDA Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the consent agenda as presented. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the January 3, 2008 regular City Council meeting, as presented. B. Personnel Items. There were no personnel items. C. Check Registers. It was recommended to ratify the check registers dated December 27, 2007 and January 3, 2008 as presented. D. Grant. It was recommended to approve a resolution accepting a $2,200 Grant from Factory Mutual Insurance Company for the Fire Department. E. Comprehensive Water Supply, Emergency and Conservation Plan. It was recommended to adopt the Comprehensive Water Supply, Emergency and Conservation Plan and authorize the Public Works Director to certify its approval to the Minnesota Department of Natural Resources. F. Speed Limit Study. It was recommended to approve a resolution requesting MnDOT to perform all required speed studies necessary to designate the proper speed limit for Argenta Trail from TH 149 (Dodd Road) to County Road 28 (Yankee Doodle Road). G. Project 963. It was recommended to receive the Draft Feasibility Report for Project 963, Nicols Road / Nancy Circle (Street Improvements) and schedule a public hearing to be held on February 19, 2008. H. Project 964. It was recommended to receive the Draft Feasibility Report for Project 964, Yankee Doodle Road - West of Terminal Drive (Street Improvements) and schedule a public hearing to be held on February 19, 2008. 1. Project 965. It was recommended to receive the Draft Feasibility Report for Project 965, Elrene Road - Wescott Road to Trails End Road (Street Improvements) and schedule a public hearing to be held on February 19, 2008. 3 Eagan City Council Meeting Minutes January 15, 2008 Page 2 J. Project 966. It was recommended to receive the Draft Feasibility Report for Project 966, Federal Drive - Washington Drive to Yankee Doodle Road (Street Improvements) and schedule a public hearing to be held on February 19, 2008. K. Project 968. It was recommended to receive the Draft Feasibility Report for Project 968, Lexington Pointe Parkway / Daniel Drive (Street Improvements) and schedule a public hearing to be held on February 19, 2008. L. Grant. It was recommended to approve an agreement with the Minnesota Pollution Control Agency for a Fish Lake and Schwanz Lake Nutrient Impairment Total Maximum Daily Load (TMDL) Project and authorize the Mayor and City Clerk to execute all related documents. M. Ordinance Amendment. It was recommended to authorize the preparation of new and revised ordinance language as an amendment to the City Code that addresses the City of Eagan's Storm Water Pollution Prevention Plan (SWPPP) and the Water Quality and Wetland Management Plan (WQWMP) and direct staff to prepare draft ordinances for further consideration. N. Joint Powers Agreement. It was recommended to approve the 11 City Joint Powers Agreement for Street Maintenance Contractual Services and authorize the Mayor and City Clerk to execute all related documents. 0. Easement Vacation. It was recommended to receive the petition to vacate public drainage and utility easements within Waters Annex and schedule a public hearing to be held on February 19, 2008. P. Contract Renewal. It was recommended to approve the renewal of a one year contract with Lifeworks Services Inc. for the provision of limited janitorial services in designated park buildings, and authorize the Mayor and City Clerk to execute the appropriate documents. Q. Amendment to Joint Powers Agreement. It was recommended to approve the proposed changes to the existing joint powers agreement entitling agencies to obtain additional reimbursement for allocating additional agents. R. Grant. It was recommended to accept a Grant from the State of Minnesota on behalf of the Dakota County Drug Task Force and approve a resolution authorizing execution of the agreement. S. Unclaimed or Abandoned Property. It was recommended to approve destruction of unclaimed or abandoned property per Eagan City Ordinance 2.70. T. Ordinance Amendment. It was recommended to direct staff to initiate an Ordinance Amendment to Chapter 11, specifically as it relates to standard City Code compliance in association with various City approvals. U. Equipment Replacement. It was recommended to approve the purchase of a non-linear editing equipment for Burnsville/Eagan Community Television (BECT) to replace existing equipment. V. Authorization of Survey. It was recommended to authorize Decision Resources to conduct a survey regarding open space. W. Project 776 - Gopher Resource Corp. It was recommended to approve Assessment Appeal Settlement Agreement for Project 776 (Yankee Doodle Road) with Gopher Resource Corp. and authorize the Mayor and City Clerk to execute all related documents. X. Project 776 - Virginia Fox. It was recommended to approve Assessment Appeal Settlement Agreement for Project 776 (Yankee Doodle Road) with Virginia Fox and authorize the Mayor and City Clerk to execute all related documents. PUBLIC HEARINGS PROJECT 960, BRITTANY 8TH - 10TH ADDITIONS STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding street improvements for Brittany 8`h - 10`h Additions. City Engineer Matthys gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve Project 960 (Brittany 8th - 10`h Additions - Street Improvements) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes January 15, 2008 Page 3 PROJECT 961, BUR OAK HILLS STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding street improvements for Bur Oak Hills. City Engineer Matthys gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve Project 961 (Bur Oak Hills - Street Improvements) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 962, CLIFF DRIVE STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding street improvements for Cliff Drive. City Engineer Matthis gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Fields seconded a motion to Approve Project 962 (Cliff Drive - Street Improvements) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 VARIANCE - DAVID MARSH (1374 BERRY RIDGE ROAD) City Administrator Hedges introduced this item regarding a variance of 5 feet to the required 30-foot front yard setback to construct an addition to the existing single family home at 1374 Berry Ridge Road. City Planner Ridley gave a staff report. David Marsh discussed the proposed variance and presented a petition signed by neighbors in favor of the proposed variance. Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Variance of 5 feet to the required 30 foot front yard setback to construct an addition to the existing single-family home at 1374 Berry Ridge Road in the SW '/o of Section 22 subject to the following conditions: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The addition shall comply with all other applicable Zoning Ordinance provisions. 3. A building permit must be obtained proper to construction. 4. The exterior materials of the proposed addition shall match the existing structure. 2008 ORGANIZATIONAL BUSINESS City Administrator Hedges explained that organizational business is considered at the second regular City Council meeting in January. The following items were acted on: 67 Eagan City Council Meeting Minutes January 15, 2008 Page 4 ACTING MAYOR Councilmember Bakken nominated Councilmember Carlson as Acting Mayor. Councilmember Fields seconded the nomination. Mayor Maguire moved Councilmember Tilley seconded a motion to appoint Councilmember Carlson as Acting Mayor. Aye: 5 Nay: 0 OFFICIAL LEGAL NEWSPAPER Motion was made by Tilley, seconded by Fields to approve retention of the This Week Newspaper as the City of Eagan's official legal newspaper. Aye: 5 Nay: 0 Le Eagan City Council Meeting Minutes January 15, 2008 Page 5 Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the 2008 Schedule of City Council meetings as presented noting the alternate dates. Aye: 5 Nay: 0 2008 SCHEDULE OF REGULAR CITY COUNCIL MEETINGS JANUARY 3* Thursday MAY 6 SEPTEMBER 2 JANUARY 15 MAY 20 SEPTEMBER 16 FEBRUARY 4** Monday JUNE 3 OCTOBER 7 FEBRUARY 19 JUNE 17 OCTOBER 23**** Thursday MARCH 3*** Monday JULY 1 NOVEMBER 6***** Thursday MARCH 18 JULY 15 NOVEMBER 18 APRIL 1 AUGUST 5 DECEMBER 1****** Monday APRIL 15 AUGUST 19 DECEMBER 16 * January 3 due to New Year's Day February 4 due to caucuses March 3 due to caucuses October 23 due to Shemini Atzeret & Simchat Torah November 6 due to Election Day December 1- Truth in Taxation There will be a Listening Session at 6:00 p.m. before each regular Council meeting. 2008 SCHEDULE OF SPECIAL CITY COUNCIL MEETINGS AND WORKSHOPS JANUARY 8 MAY 13 SEPTEMBER 9 JANUARY 22 (tentative) MAY 27 (tentative) SEPTEMBER 23 (tentative) FEBRUARY 12 JUNE 12* Thursday OCTOBER 16** Thursday FEBRUARY 26 (tentative) JUNE 24 (tentative) OCTOBER 28 (tentative) MARCH 11 JULY 8 NOVEMBER 13*** Thursday MARCH 25 (tentative) JULY 22 (tentative) NOVEMBER 25 (tentative) APRIL 8 AUGUST 12 DECEMBER 8**** Monday APRIL 22 (tentative) AUGUST 26 (tentative) * June 12 due to Shavuot * * October 16 due to Sukkot November 13 due to Veteran's Day Holiday December 8 due to Truth in Taxation -7 Eagan City Council Meeting Minutes January 15, 2008 Page 6 CITY COUNCIL MEETING PROCEDURES Councilmember Carlson moved, Councilmember Fields seconded a motion to acknowledge Robert's Rules of Order as the means to conduct official business at all Regular City Council meetings, and approve the guideline/handout for public participation in Council meetings; to ratify Council's past practice and policy that during the City Council filing period (July - November, 2008) Visitors to be Heard shall occur for a period of time not to exceed ten minutes and shall not be televised during this time; and to ratify the practice that at least two members of the City Council must make the request of the City Administrator to place an item on an upcoming City Council agenda. Aye: 5 Nay: 0 COUNCIL STANDING COMMITTEE AND REPRESENTATIVE APPOINTMENTS Councilmember Tilley moved, Councilmember Fields seconded a motion to ratify the appointed members of Council standing committees, intergovernmental committees and other appointments as listed. Aye: 5 Nay: 0 Standing Committees: Finance Committee: Councilmember Carlson and Mayor Maguire Public Works Committee: Councilmember Fields and Councilmember Bakken Personnel Committee: Mayor Maguire and Councilmember Carlson Communications Committee: Councilmember Tilley and Councilmember Carlson School District # 191: Councilmember Fields and Councilmember Tilley School District #196: Councilmember Fields and Councilmember Tilley School District #197: Councilmember Fields and Councilmember Tilley Advisory Commission Liaisons: Advisory Parks and Recreation Commission: - Councilmember Carlson Advisory Planning Commission - Councilmember Bakken Airport Relations Committee - Councilmember Fields Burnsville Eagan Telecommunications Commission - Councilmember Tilley Intergovernmental Committee Appointments: Minnesota Valley Transit Authority Board - Councilmember Tilley Municipal Legislative Commission Board - Mayor Maguire Cedar Corridor Committee - Mayor Maguire (City Administrator as alternate) Monthly Mayor/Manager Breakfasts - Mayor Maguire Dakota County Communication Board - Mayor Maguire (Councilmember Fields as alternate) MSP Noise Oversight Committee - Councilmember Fields (Assistant to City Administrator Miller and Community Director Hohenstein as alternates) Eagan Convention and Visitors Bureau - Peggy Carlson Other: Testimony at Legislature - all as needed Metro Cities Board of Directors - Mayor Maguire Caponi Art Park Board - Mayor Maguire Breakfast with Mayor / Chamber of Commerce - Mayor Maguire Fire Relief Association Board of Trustees - Mayor Maguire and the Director of Administrative Service VanOverbeke 9 Eagan City Council Meeting Minutes January 15, 2008 Page 7 ELECTED OFFICIALS OUT-OF-STATE TRAVEL POLICY Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Elected Officials Out-of- State Travel Policy. Aye: 5 Nay: 0 OLD BUSINESS PLANNED DEVELOPMENT AMENDMENT - THE SHOPS AT GRAND OAK City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow tenant panels on the existing pylon sign for The Shops at Grand Oak located at 2864 and 2874 Highway 55. This item was continued from the January 3rd meeting to allow time for the applicant to prepare plans for a panel to read "Enter on Dodd Road", as well as a direction sign to be located near the entrance off of Dodd Road. City Planner Ridley discussed the revised plans. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve a Planned Development Amendment to allow a 19.8 square foot panel on the existing pylon sign at the corner of Highway 55 and Dodd Road to read "Enter on Dodd Rd., as well as a 5 foot, 6 inch tall directional sign to be located near the entrance off of Dodd Road, legally described as Lot 3, Block 1, Grand Oak Five, in the NE 1/4 of Section 2 subject to the following conditions: Aye: 5 Nay: 0. 1. A Planned Development Amendment Agreement shall be executed and recorded at the Dakota County Recorder's Office prior to issuance of a building permit. 2. An administrative Sign Permit shall be obtained from the City prior to installation of the tenant panels. 3. The new sign panel and directional ground sign shall not exceed the dimensions as indicated on the sign exhibits received on January 8, 2008. PRELIMINARY SUBDIVISION - DG WELDING FIRST ADDITION DG ENTERPRISES City Administrator Hedges introduced this item regarding a Preliminary Subdivision to create two lots upon approximately 8.4 acres located at 3265 Sun Drive and 3245 Terminal Drive. He noted that this item had been continued from previous Council meetings due to issues regarding an access easement. City Engineer Matthys reviewed potential access options. Council held a discussion with Mike, Pat and Alan Dolney of DG Welding, along with staff regarding the possible access easement options. It was the suggestion by Council and agreed to by the applicants that a temporary access easement be granted to the City across their existing property (Lot 1, Block 1, Tan Me Industrial Park First Addition) so that the applicant can proceed with the subdivision of the property. Permanent easement arrangements will continue to be negotiated. Mayor Maguire moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision to create two lots upon approximately 8.4 acres located at 3265 Sun Drive and 3245 Terminal Drive, legally described as Lot 1, Block 1, Tan Me Industrial Park First Addition and Lot 1, Block 1, Bachmans Eagan Addition in the SE 1/4 of Section 8, subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A 1, B 1 2. The property shall be platted. 3. Future development of this subdivision (i.e. parking lot expansion) shall provide water quality and quantity control measures, in accordance with City Water Quality and Engineering standards in effect at the time of development. 4. Any future development of Lot 1 (i.e. parking/storage expansion) shall construct and maintain a 30-foot side clear, paved access road within this easement, from Sun Drive to the City property. 5. Storage shall not be allowed within the ingress/egress easement area on Lot 1. 6. If a fence is installed with future development, 30-foot wide gates, with City accessibility, shall be provided on both ends of the ingress/egress easement within the fence. 5 Eagan City Council Meeting Minutes January 15, 2008 Page 8 7. Future development of this subdivision (i.e. parking/storage lot or building expansion) shall comply with tree preservation and mitigation requirements in accordance with the City's Tree Preservation Ordinance in effect at the time of development. 8. This development is subject to cash park dedication. Lot 1 shall be subject to additional cash park dedication with any future expansion of the building. Lot 2 shall be subject to a cash park dedication for any future building expansion or reconstruction. Park dedication shall be payable at the time of building permit at the rates then in effect. 9. This development is responsible for a cash trail dedication for 6.46 acres, payable at the time of final plat at the rates then in effect. 10. The property owner shall grant a temporary ingress/egress easement in favor of Parcel 10-00800-011-50 across Lot 1, Block 1, Tan Me Industrial Park First Addition, for a period not to exceed two years. NEW BUSINESS CHARTER COMMISSION APPOINTMENTS City Attorney Dougherty discussed the authority and obligation of the City to fill vacancies on the Eagan Charter Commission. City Administrator Hedges discussed the appointment process for the Charter Commission. Mayor Maguire discussed the interview process and the continuation, from the December 3, 2007 Council meeting, appointment of two Councilmembers to the Commission. Mayor Maguire moved, Councilmember Fields seconded a motion to appoint Councilmembers Bakken and Carlson to the Eagan Charter Commission. Aye: 3 Nay: 1 (Carlson abstained, Tilley voted nay) Ballots were distributed and the City Council voted to appoint the following five citizens to the Charter Commission. Shawn Hunter Tom King Ryan Bronson Daniel Keeley Bruce Anderson Mayor Maguire moved, Councilmember Fields seconded a motion to ratify the appointments as listed and slot them in the order they were appointed. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no updates. The regular City Council meeting was recessed at 9:20 p.m. and a meeting of the Economic Development Authority was immediately convened. The regular City Council meeting was reconvened at 9:35 p.m. ADMINISTRATIVE AGENDA There were no items. VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Bakken moved, Councilmember Fields seconded a motion to adjourn the regular meeting at 9:36 p.m. Date Administrative Secretary / Deputy City Clerk Eagan City Council Meeting Minutes January 15, 2008 Page 9 If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TDD phone: (651) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. 1) MINUTES SPECIAL CITY COUNCIL MEETING TUESDAY, JANUARY 8, 2008 5:30 P.M CONFERENCE ROOMS 2A & 2B EAGAN CITY HALL - SECOND FLOOR City Councilmembers present: Mayor Maguire, Councilmembers Bakken, Carlson, and Fields and Tilley. City staff present: City Administrator Hedges, Assistant to the City Administrator Miller, Director of Communications Garrison, Director of Administrative Services VanOverbeke and Director of Parks and Recreation Johnson. 1. ROLL CALL AND ADOPTION OF THE AGENDA The Mayor called the meeting to order. Councilmember Tilley moved; Councilmember Fields seconded a motion to adopt the agenda as presented. Aye: 5, Nay: 0 II. INTERVIEW CHARTER COMMISSION APPLICANTS City Administrator Hedges introduced the item noting that per the direction of the City Council at the December 3, 2007 City Council meeting, openings were advertised for positions on the Eagan Charter Commission. Hedges added that the City received twenty-four applications and, per the direction of the Council, ten minute interviews were scheduled with each of the applicants in accordance with the same process used for the City's Advisory Commissions. The City Council conducted interviews of twenty applicants who were present for their interview. It was noted by Mayor Maguire that seven appointments would be made to the Charter Commission at the January 15, 2008 regular City Council meeting. The following persons were interviewed: Ted Wachter Carolyn Kosek Robert Hafvenstein Michael Huber Joe Bari Henry Jandewerth Jerry Swanson Tom King Rob Wills Ryan Flugaur Ted Schneider Ronald Kimmel Pat Anderson Steven Mueller Debra Repya Ryan Bronson Dan Wolter Daniel Keeley Shawn Hunter Bruce Anderson ~a Special City Council Minutes January 8, 2008 Page 2 III. DISCUSS OPEN SPACE SURVEY City Administrator Hedges introduced the item noting that an open space committee of the Council consisting of Mayor Maguire and Councilmember Bakken was formed at the direction of the Council at the August 14, 2007 City Council workshop. Hedges added that the committee met on December 27, 2007. Mayor Maguire and Councilmember Bakken summarized their recommendation to the City Council, noting that it is their recommendation that the City should conduct a survey of Eagan residents regarding open space. Parks and Recreation Director Johnson provided a summary of the estimate provided by Decision Resources to conduct a survey that would include approximately 50-60 questions of community members. Councilmember Carlson noted her interest in seeing the questions that will pertain to funding issues associated with open space that would be included in the survey. The City Council discussed whether to conduct a survey and provided direction to consider formal action on the survey to the January 15, 2008 regular City Council meeting. Staff is also directed to speak further with Decision Resources regarding the best time of the year to conduct the survey. IV. OTHER BUSINESS There was no other. V. VISITORS TO BE HEARD There were no visitors to be heard. VI. ADJOURNMENT Councilmember Bakken moved; Councilmember Fields seconded a motion to adjourn the meeting at 9:45 p.m. Aye: 5, Nay: 0 115 MINUTES SPECIAL CITY COUNCIL MEETING TUESDAY, JANUARY 22, 2008 5:30 P.M. EAGAN ROOM - EAGAN MUNICIPAL CENTER City Council members present: Mayor Maguire, Councilmembers Carlson, Fields, Tilley and Bakken. City staff present: City Administrator Hedges, Director of Administrative Services VanOverbeke, Public Works Director Colbert, Fire Chief Scott, and Community Development Director Hohenstein. 1. ROLL CALL AND AGENDA ADOPTION Councilmember Fields moved; Councilmember Bakken seconded a motion to approve the agenda as presented. Aye: 4, Nay: 0 (Councilmember Tilley not present for the vote.) II. MEETING WITH LEGISLATORS TO DISCUSS 2008 LEGISLATIVE PRIORITIES Mayor Maguire welcomed Senator Carlson and Representative Wardlow. Each of the legislators provided an introduction and gave an update on their expectations for the 2008 Legislative Session. City Administrator Hedges distributed a white paper outlining the City of Eagan 2008 Legislative Priorities and Positions, explained the background for each, and noted the City's participation in other organizations with legislative positions including the League of Minnesota Cities, Metro Cities, and Municipal Legislative Commission. The City Council and legislators went on to discuss issues pertinent to Eagan, including the following: 1. Transportation i. Securing funding sources to expand and maintain Eagan's transportation infrastructure. ii. Secure funding for proposed Ring Road 2. Land Use i. Support Cedar Grove Tax Increment Financing (TIF) District Extension ii. Support TIF for Businesses Producing IT Products 3. Telecommunications i. High Speed MN Bill ii. Oppose Qwest/Statewide Franchise Bill lLb Special City Council Minutes January 22, 2008 Page 2 4. Other i. Statutory Language providing for Charter Commissions ii. Caucus Dates Senator Carlson noted that Representative Masin was unable to attend the meeting as she is recovering from a medical procedure. Mayor Maguire thanked the legislators for taking time to meet with the City Council. The City Council recessed at 6:47 p.m. and reconvened at 6:58 p.m. III. URBAN PARTNERSHIP AGREEMENT AND TRANSIT UPDATE City Administrator Hedges introduced the item and provided background on the purpose for this update. Don Krom, Dakota County, covered a Power Point presentation on the Urban Partnership Agreement (UPA) including available funding, local requirements, and various improvement options. Beverly Miller, Minnesota Valley Transit Authority, and Terry Olson, TKDA, presented information on the status of the Cedar Grove Bus Stop and its relationship to the UPA. Mr. Krom provided a Power Point update on the Robert Street Corridor Study Group. The update included the study process and the various options being considered for potential improvements. IV. OTHER BUSINESS There was no Other Business. V. VISITORS TO BE HEARD There were no visitors to be heard. VI. ADJOURNMENT Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn. Aye: 5, Nay: 0 LS Agenda Information Memo February 4, 2008 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Payroll Specialist ACTION TO BE CONSIDERED: • To approve the hiring of Noemi Rivero as Payroll Specialist. • To formally waive the vacancy requirement for Post Retirement Health Insurance funding for this single incumbent position. The present value funding obligation is approximately $9,600 technically requiring a 7.8 week vacancy from the formal retirement date for the previous employee. The cost can be absorbed in current operations and a vacancy in payroll of that length will create an unnecessary hardship. Item 2. GIS Specialist- ACTION TO BE CONSIDERED: To approve the hiring of Leah Sperduto as GIS Specialist. Item 3. IT Supervisor- ACTION TO BE CONSIDERED: To approve the hiring of Daniel Cook as IT Supervisor. Item 4. Water Production Maintenance Worker- ACTION TO BE CONSIDERED: To approve the hiring of a person to be named as Water Production Maintenance Worker. Agenda Information Memo February 4, 2008 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated January 10, 2008, January 17, 2008 and January 24, 2008 as presented. ATTACHMENTS: • Check registers dated January 10, 2008, January 17, 2008 and January 24, 2008 are enclosed without page number. Agenda Information Memo February 4, 2008 Eagan City Council Meeting D. APPROVE PER DIEM RATE INCREASE FOR THE PAID-ON-CALL FIREFIGHTERS TO $40/DAY EFFECTIVE FOR JANUARY 2008 ACTION TO BE CONSIDERED: Increase the per diem rate for paid-on-call firefighters attending department approved training and business out of the metro area from $35/day to $40/day effective January 2008. FACTS: • The Fire Department has used the same per diem rate of $35/day for a number of years. • Firefighters attending the training or business functions are usually taking vacation time from their full-time jobs to attend these events. • This was budgeted for in the 2008 Fire Department budget. • If approved it would be effective from January 1St, 2008. ATTACHMENTS: • None Agenda Memo February 4, 2008 Regular City Council Meeting E. APPROVE contract with Dakota County for Sentence to Serve Program ACTION TO BE CONSIDERED Approve the renewal of a one year contract with Dakota County for the provision of Sentence to Service work crews and authorize the Mayor and City Clerk to execute the appropriate documents FACTS • The County will provide a work crew consisting of up to 10 non-risk criminal offenders, who have been assigned community service, and a supervisor, for a minimum of 50 work days. • The City has utilized the services of the County Sentence to Service Program for approximately 17 years. • The County provides supervision, transportation and insurance for all members of the crew and assumes all liabilities. • The City will utilize the crew to complete labor intensive tasks requiring unskilled laborers including park, pond and bridge cleaning, trash removal, painting outdoor rinks, brush removal and routine landscape maintenance. • The total 2008 cost of $21,268 ($425 per crew day) due the County for the provision of services is included in the approved 2008 Parks Division operating budget. ATTACHMENTS • None Agenda Information Memo February 4, 2008 Eagan City Council Meeting F. AUTHORIZE PREPARATION OF CITY CODE SECTION 2.78 TO CLARIFY BUILDING ADDRESSING ACTION TO BE CONSIDERED: Authorize staff to draft an amendment of City Code Section 2.78 to update and clarify building addressing regulation. FACTS: • City Code Section 2.78 sets requirements for how building addresses are displayed to insure that they are clearly and consistently visible for public safety purposes as well as for the general public. • Staff has identified a number of modifications to the Code Section's regulations that will allow emergency responders to better locate addresses in the city. ATTACHMENTS: • None Agenda Information Memo February 4, 2008 Eagan City Council Meeting G. AUTHORIZE PREPARATION OF CITY CODE AMENDMENT TO REGULATE RECREATIONAL FIRES AND OPEN BURNING ACTION TO BE CONSIDERED: Authorize staff to draft an amendment of City Code Section 10.40 to regulate recreational fires and open burning. FACTS: • Currently the City Code does not address recreational fires or opening burning. In order to regulate such fires, the City relies on the Minnesota Uniform Fire Code. • As the city has grown, the number of areas that would be appropriate for open burning has decreased dramatically. This situation became especially apparent after the large tree loss in.the storms in 2007, when a number of residents wanted to burn in areas that would not be considered safe. • The Fire Department has prepared written guidelines for recreational fires that follow the Minnesota Uniform Fire Code. It would be beneficial to formalize these standards in our City Code. ATTACHMENTS: • None Agenda Memo City Council Meeting February 4, 2008 CONSENT AGENDA: H. Premises Permit renewal for Eagan Lions Club to conduct charitable gambling operation at Cedarvale Lanes, 3883 Cedar Grove Parkway ACTION TO BE CONSIDERED: Adopt a Resolution Approving a Premises Permit for the Eagan Lions Club to Conduct a Charitable Gambling Operation at Cedarvale Lanes, 3883 Cedar Grove Parkway. FACTS: • The Eagan Lions Club has applied with the State of Minnesota Gambling Board to renew their permit to conduct charitable gambling (pull-tabs and possibly bar bingo) at Cedarvale Lanes. • They have held a gambling premise permit at this location since 2000, with no reported problems. • The Gambling Board requires a resolution from the City approving the premises permit. • All requirements of the application have been met and staff sees no reason to deny. • The Eagan Lions Club also conducts a charitable gambling operation at Starks Saloon, 3125 Dodd Road. ATTACHMENTS: • Attached as page o3 is a copy of the proposed resolution. as RESOLUTION CITY OF EAGAN PREMISE PERMIT RENEWAL FOR EAGAN LIONS CLUB ON CEDARVALE LANES PREMISES WHEREAS, the Eagan Lions Club conducts a pull tab operation at Cedarvale Lanes, 3883 Cedar Grove Parkway, and WHEREAS, the Eagan Police Department has reviewed the renewal application and has not identified any reason to deny; and WHEREAS, the Eagan Lions Club held a gambling premise permit at the above location since June 1, 2000 with no reported problems; NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves the Eagan Lions Club premise permit renewal application at Cedarvale Lanes, 3883 Cedar Grove Parkway. CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk Motion by: Seconded by: Those in Favor: Those Against: Dated: February 4, 2008 CERTIFICATION I, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 4th day of February, 2008. Maria Petersen, City Clerk a3 Agenda Information Memo February 4, 2008 Eagan City Council Meeting 1. CONTRACT 08- 2008 CITYWIDE SANITARY SEWER LINING ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract 08-05(Citywide Sanitary Sewer Lining) and authorize the advertisement for a bid opening to be held at 11:00 a.m. on Thursday, March 20, 2008 at the Utility Building, located at 3419 Coachman Point, Eagan MN 55122. FACTS: • The structural re-lining and rehabilitation of approximately 5,000 linear feet of various sanitary sewer sections throughout the City was approved as part of the Sanitary Sewer Operations and Facilities portion of the 2008-2013 Capital Improvement Program (CIP) and 2008 operating budget. • All of the construction activity for said improvements has been designed to occur within existing public right-of-way or easements. • The plans and specifications have been completed and are being presented to the City Council for their approval and authorization of the advertisement for bids. • All notices will be published in the legal newspaper informing prospective contractors of these competitive bid solicitation opportunities. ATTACHMENTS: • Location Map, page 2063 FEET 2008 SANITARY SEWER LINING CIP 2008 CIP Lining ¢ O 5001,000 2,000 FEET FRE1-Br - 1111c WORKS GIS 3 GI PRERNRE1 F[11Rnr 1. 2008 Citp of Eau } ~ ~ e •y. ooh . OD~e D $ a fg fpe~\ Q a is 6 t ,gF I - 3 ~ 0 ~ g eaD a ~ ff,. S me xo 3[ 6 Y ~ E~ a L n .ui.a.a. $ 2726 FEET Alp k, rzq( e M er ^ ~ f(~ ~ ~MI IM~ s as Agenda Information Memo February 4, 2008 Eagan City Council Meeting J. CONTRACT 06-08, NORTH RIDGE DRIVE & SIBLEY TERMINAL STORM DRAINAGE IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the final payment for Contract 06-08 (North Ridge Drive Storm Drainage Improvements Citywide - Street Overlays) in the amount of $51,028.70 to G.L. Contracting, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 06-08 provides for the construction of corrective storm drainage improvements to address recurring home flooding concerns in the North Ridge Drive neighborhood under City Project No. 939. • These improvements have been completed, inspected by 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. Agenda Information Memo February 4, 2008 Eagan City Council Meeting K. CONTRACT 07-01, CITYWIDE STREET OVERLAYS ACTION TO BE CONSIDERED: Approve the final payment for Contract 07-01 (Citywide - Street Overlays) in the amount of $50,980.32 to McNamara Contracting, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 07-01 provided for the bituminous overlay of. o Deerwood Drive (Blackhawk Rd. to Pilot Knob Rd.- City Project 942) o Wescott Road (Pilot Knob Rd. to Denmark Ave. - Project 943) o Thomas Center Drive (Project 946) o Killdeer Addition (Joyce Court - Project 944) o Sheffield Addition (Sudberry Lane - Project 945) o Fawn Ridge Additions (Project 947), and the construction of bituminous trail along the west side of Thomas Lake Road (Thomas Center Drive to the Highline Trail - also Project 946), • These improvements have been completed, inspected by 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. zi7 Agenda Information Memo February 4, 2008 Eagan City Council Meeting L. CONTRACT 07-05, CONSULTING ENGINEERING AGREEMENT AMENDMENT - SOUTH WATER TREATMENT PLANT (RE-ROOFING) ACTION TO BE CONSIDERED: Approve an amendment to Inspec's Consulting Engineering Agreement for Cont 07-05 (South Water Treatment Plant - Reroofing) and authorize the Superintendent of Utilities to execute such documents. FACTS: • Contract 07-05 provided for the re-roofing of Fire Station #5 and the South Water Treatment Plant. Due to the technical nature of this work, Inspec Inc. was retained by the City to provide engineering services for design and bidding documents and contract management and inspection services. • During the course of removing the old roof at the South Water Treatment Plant, it was discovered that the underlying insulation was fully saturated requiring full removal and replacement through a contract change order. This resulted in an increase in the defined scope of services for which Inspec was originally retained. • An amendment to the original Engineering Agreement has been prepared for an increase of $3,000. This amendment has been reviewed by the Public Works Department and found to be in order for favorable Council consideration. • All costs associated with this increased scope of work will be financed through the Utility Renewal and Replacement fund. Agenda Information Memo February 4, 2008, Eagan City Council Meeting M. APPROVE TEMPORARY ON-SALE LIQUOR LICENSE AND WAIVE LICENSE FEE FOR TRINITY SCHOOL AT RIVER RIDGE FOR A GRAND OPENING EVENT ON FEBRUARY 8 AND 9, 2008 ACTION TO BE CONSIDERED: To approve the temporary on-sale liquor license and waive the license fee for Trinity School at River Ridge for a grand opening event on February 8 and 9, 2008. FACTS: ? Trinity School recently opened its new facility in Eagan after having operated at their Bloomington location since 1987. The school has requested a temporary on- sale liquor license be issued to them for their grand opening event planned for February 8 and 9, 2008. ? Trinity School has requested that the $150.00 license fee be waived since they are a non-profit school. ? The application form has been submitted and deemed in order by staff. Following Council approval, the application will be forwarded to the Department of Public Safety/Liquor Control Division for their approval. ATTACHMENTS (1): ? Letter and security plan enclosed on page througl3 January 30, 2008 Ms. Maria Petersen City Clerk, City of Eagan 3830 Pilot Knob Road Eagan, MN 55121 Dear Ms. Petersen, Trinity School at River Ridge is applying for a Temporary On-Sale Liquor License for our Grand Opening on February 8 and 9, 2008. This document serves to provide the City of Eagan the necessary information about our event so that the City Council will approve our license at the next City Council meeting on Feb. 4, 2008. Thank you for your willingness to help us secure the license. 1. The Minnesota Department of Public Safety application and permit for temporary on-sale liquor license was completed and faxed to the state on January 25, 2008. An additional copy is enclosed in this packet. 2. The Certificate of Liability Insurance from the Gibson Insurance Company was faxed to you on Jan. 28, demonstrating our insurance meets or exceeds your requirements. An additional copy is enclosed. 3. The Grand Opening will be held at Trinity School at River Ridge, 601 River Ridge Parkway, Eagan, Minnesota, 55121. The events will be held indoors within the school premises, and entrance into the Grand Opening will be through our two main doors, the "Event Entrance" which is the east door, and the "School Entrance," which is the south door. All the other doors will be locked. a. We have hired two security personnel for the event who will enforce alcohol beverage sale and consumption laws, crowd control and public safety. b. The beverage servers will require that any person desiring to purchase or be served liquor must show a valid photograph identification which will be checked to insure the person is 21 or older. When the age of the person is verified, he/she will be issued a wristband which he/she will wear throughout the Grand Opening. No alcohol will be served to a guest who does not have a wristband. 4. No one selling alcohol shall be intoxicated or consume alcoholic beverages during their work shift. 5. Trinity School will post sign at the entrances notifying the public that sales to and consumption of alcoholic beverages by persons under the age of 21 or to persons intoxicated is prohibited. 6. The alcoholic beverages will be available for sale or consumption from 7 - 10 pm on Friday, Feb. 8, 2008, and 4 - 9 pm on Saturday, Feb. 9, 2008. 7. Trinity School will designate an on-site manager in compliance with the City of Eagan's requirement. Trinity School at River Ridge requests that the City Council of Eagan wave the $150 fee since we are a non-profit school organizing this event as our Grand Opening. If you have any additional questions, please contact me at the phone number below. Other Trinity School employees involved in the planning of the Grand Opening include Jeff Showalter (voice mail box 674) and Deb Salmon (voice mail box 671). Sincerely, C&clcelle cPtattet Public Relations & Development Trinity School at River Ridge 601 River Ridge Parkway Eagan, MN 55121 rplatter e,trinityschools.org 651-789-2890, ext. 222 Fax: 651-789-2891 Cell: 612-889-0744 JI Agenda Information Memo February 4 2008 Eagan City Council Meeting N. PROJECT 967,WESCOTT ROAD (LEXINGTON AVE. TO HWY. 149) STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 967, Wescott Road (Lexington Avenue to Highway 149 - Street Improvements) and schedule a public hearing to be held on March 3, 2008. FACTS: • On June 19, 2007 the City Council directed staff to prepare a feasibility report considering a street rehabilitation of Wescott Road, from Lexington Avenue to Highway 149. • A structural mill and overlay of this street is programmed for 2008 in the City of Eagan's 5-Year CIP (2008-2012). • An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for Monday, March 3, 2008. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. Agenda Memo February 4, 2008 Regular City Council Meeting 0. AWARD bids for replacement tread mills for the Eagan Community Center for equipment budgeted for replacement in 2008. ACTION TO BE CONSIDERED: Award equipment contract to Woodway for replacement tread mills budgeted for replacement in 2008 for the Eagan Community Center and designate the replacement as a purchase from renewal and replacement funds rather than a lease option. FACTS: • During the 2008 budget process staff proposed the replacement of some tread mills, cross trainers and bikes for the ECC fitness center. • The estimated cost for the replacement tread mills was very close to the threshold requiring formal competitive bids and the City Council authorized the solicitation of bids on November 5, 2007. • The treadmill replacement budget amount was $50,500 and the low bidder came in at $49,995. There was only one bidder for this equipment. • The budget currently provides for the purchase of this replacement fitness equipment through renewal and replacement funds however a comparison was completed to determine if long-term leasing may be an option for this and future fitness equipment replacement. This was an analysis that was to come back to the City Council for consideration. • The purchase of equipment would come out of the existing renewal and replacement funds and the new equipment replacement would be reallocated into the renewal and replacement cycle. • The estimated cost for renewal and replacement dollars associated with the purchase of replacement fitness equipment over the next five-year period is approximately $257,900. • The benefit of purchasing equipment is that it allows full ownership and control so that if the life of the equipment exceeds the proposed life cycle it can be retained • The estimated cost for leasing replacement fitness equipment over the next five-year period is estimated to be approximately $315,000. This is approximately $57,000 over the 5-year estimated cost allocation for renewal and replacement costs. • Although there is a benefit to leasing to allow equipment to be updated and maintained more routinely, that convenience does not offset the $57,000 additional estimated cost over 5 years. • After review by staff with the Director of Administrative Services, it is recommended that the acquisition of fitness equipment be funded through purchase from renewal and replacement funds rather than a lease at this time. ATTACHMENTS: • None Agenda Information Memo February 4, 2008 Eagan City Council Meeting PUBLIC HEARINGS A. BLUE GENTIAN CIRCLE - RIGHT-OF-WAY VACATION ACTION TO BE CONSIDERED: Approve the vacation of public right-of-way known as Blue Gentian Circle and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On December 11, 2007, City staff initiated a petition requesting the vacation of public right-of-way for Blue Gentian Circle, from the intersection of Blue Gentian Road to its easterly termini (cul de sac). Blue Gentian Circle is located southeast of the interchange of 1-494 and I-35E, east of TH 55. • Blue Gentian Circle, formerly known as Blue Gentian Road, was never formally dedicated as a public easement or right-of-way. Pursuant to Minn. Stat. 160.05, if a city maintains a road for 6 years (or more); it is deemed dedicated to the public to the width of the roadway and ditches necessary to support the road. The City of Eagan has maintained Blue Gentian Circle, or Blue Gentian Road, for decades. • The purpose of the request is to allow the redevelopment of the residential properties adjacent to Blue Gentian Circle, as well as the public right-of-way, to a proposed office building site with a parking structure. The vacation of this right-of-way would clean up the proposed replat by avoiding any underlying unnecessary public easements. It is anticipated that the proposed development application will be presented to the Council for consideration in February, 2008, to coincide with consideration of this vacation. • The request would vacate the existing right-of-way of Blue Gentian Circle in its entirety. The description for the vacated road is as it is physically laid out and traveled. The right-of-way will not be necessary for public road or easement purposes within the proposed development. • The City Council received the staff-initiated petition on January 3, 2008 with a public hearing scheduled for February 4, 2008. • Notices for the public hearing were published in the legal newspaper and sent to all potentially affected and/or interested parties for comment prior to the scheduled public hearing. Notices were sent to all the potentially impacted private utility companies. No objections to the proposed vacation have been received. ATTACHMENTS: • Location Map, page • Easement Vacation Exhibit, pages 5~- and 34 MENDOTA HEIGHTS M 1 - 494 w R BLUE GEN IAN CIR. 9LVE ~EC1ZV~ 0) GC 4 = T 4Utiky Of NO ss Proposed Vacation LONE OAK ROAD TRUNK HWy 0.55 z O Z NORTHWOOD Z Pkwy O O W YANKEE DOODLE YANKEE DOODLE ROAD C, O "O s 1P Blue Gentian Circle City of Eap ProposedVaacation - Location Map Engineering Department ~JJ REVISIONS • Oar •r no scale `Ta TT T-I- ~T Z _-AEC C`:JHI X.T. S^ su Q~ I I I I / ! I NORTH I'# t I I I I I / Ln 3 ~ IRI a l° I d I I W3 ,1 B 4 U W U tJ„I tL / J),)f 441 W I~ x I .W i ~m ) a J)=.•J ; IW W e. s I.~ s t 1, I _ _ _ alp - / 50 " - 99 ,0'J7•E 492 2, - rV 111 V T ! I V' AVE. N59e ';o E -C)' I I•.r r/ - I I I I _ 'I _ ..4 I I I- cx L \ 1~ I U r wt c rJr~ ! FQ- s Q _ ~ .~1.~.Cp`~ d l l \ •/r4. s Z B r :'I I \I J/ \ I O Q ,"3~ .i J rt l \ u l LL ° IM AF- rJ ; W (D tis.dr °j ' m . /p~ K G o° I 22 I ,55 Jo IQ? ,~Q•r ? i hereby certify that this plan or specification was U I ` I - i t 'C~ \ prepared by me or under my direct supervision a I I I i °"R t and that I am a duly licensed land surveyor under I 13 I I - the laws of the State of Minnesota. 4 DRAWICHECK I E ¢ , rc ! \ y~ \ Dated this 6th day of December, 2007. GRGIGRG I ! I i r i r\t:c..~-' < DATE m R~ i 2 \ SATHRE-BERGOUIST, INC. 12/06/07 ~:EO d..•,,~ i \ T~ I BOOKIPAGE '-NB9°13' •W _ .rte 340.09 \ 4, i JOB NO. Gary R. ~Icense sed Land Land Surveyor, Minn. Llc. No. 24764 PROPOSED VACATION OF BLUE GENTIAN CIRCLE, WITHIN THE CITY OF EAGAN, MINNESOTA That part of Blue Gentian Circle as laid out and traveled within the North Half of the Northwest Quarter of Section 2, Township 27, Range 23, Dakota County, Minnesota, embraced within the following described land: Commencing at the Northwest Corner of the Northeast Quarter of said Northwest Quarter of Section 2; thence South 89 degrees 51 minutes 56 seconds East, assumed bearing along the north line of said Northwest Quarter a distance of 155.00 feet ; thence on,a bearing of South, 329.71 feet; thence South 67 degrees 57 minutes 47 seconds East, 92.26 feet to the point of beginning of the land to be described; thence South 89 degrees 40 minutes 37 seconds East, 492.24 feet; thence South 00 degrees 08 minutes 04 seconds West, 125.07 feet; thence North 66 degrees 25 minutes 39 seconds East, 69.70 feet; thence South 24 degrees 25 minutes 57 seconds East, 350.82 feet; thence South 74 degrees 55 minutes 30 seconds West, 975.05 feet; thence on a bearing of South, 110.71 feet; thence North 89 degrees 43 minutes 43 seconds West, 340.08 feet; thence northerly on non-tangential curve, concave to the east, 99.03 feet, said curve has a radius of 854.93 feet, a central angle of 6 degrees 38 minutes 13 seconds and a chord of 98.98 feet, which bears North 04 degrees 07 minutes 01 second East; thence North 07 degrees 26 minutes 07 seconds East, tangent to the last described curve, 75.86 feet; thence northerly along a tangential curve, concave to the west, 169.44 feet, said curve has a radius of 481.97 feet, a central angle of 20 degrees 08 minutes 35 seconds and a chord of 168.57 feet, which bears North 02 degrees 38 minutes 10 seconds West; thence South 69 degrees 47 minutes 04 seconds West, not tangent to the last described curve, 41.39 feet; thence southwesterly along a tangential curve, concave to the southeast, 129.36 feet, said curve has a radius of 305.88 feet, a central angle of 24 degrees 13 minutes 49 seconds and a chord of 128.40 feet, which bears South 57 degrees 40 minutes 09 seconds West; thence on a bearing of North, not tangent to the last described curve, 308.62 feet; thence North .69 degrees 44 minutes 17 seconds East, 4.36 feet; thence North 28 degrees 34 minutes 49 seconds west, 36.00 feet thence North 40 degrees 08 minutes 59 seconds East, 66.58 feet; thence North 56 degrees 24 minutes 58 seconds East, 396.98 feet; thence South 67 degrees 57 minutes 47 seconds East, 372.45 feet to the point of beginning. W:1Projects15545-006 BLUE GENTIAN CORPORATE CENTERUnfo\DESCRIPTIONS\AMENDED BLUE GENTIAN VACATION(12062007)_ doc Agenda Information Memo February 4, 2008, Eagan City Council Meeting V. PUBLIC HEARINGS B. CONDITIONAL USE PERMIT AND VARIANCES (SPECTRUM BUSINESS PARK) - BRICKS & MORTAR LLC ACTIONS TO BE CONSIDERED: To approve (Or direct Findings of Fact for Denial) a Conditional Use Permit to allow joint parking for property legally described as Lot 1, Block 1, Spectrum Business Park in the NW '/4 of Section 2, subject to the conditions listed in the APC minutes. To approve (Or direct findings of fact for denial) a Variance to allow 9 foot by 19 foot parking stalls for property legally described as Lot 1, Block 1, Spectrum Business Park in the NW V4 of Section 2, subject to the conditions listed in the APC minutes. To approve (Or direct findings of fact for denial) a 10 foot Variance from the required 20 foot parking setback from Blue Gentian Road and TH 55 on property legally described as Lot 1, Block 1, Spectrum Business Park in the NW '/4 of Section 2, subject to the conditions in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: ? The property was platted in 2000 as Lot 1, Block 1, Spectrum Business Park and is zoned BP (Business Park). ? An AUAR (Alternative Urban Area Review) was completed for Grand Oak Business Park that assumed a 6,000 square foot restaurant on the property. ? In 2002, Spectrum Investment Group, LLC requested a CUP (Conditional Use Permit) to operate a class I restaurant, a CUP to serve on-sale liquor, a Variance to allow 9 foot by 18 foot parking stalls, and a 15 foot Variance from the required 20 foot parking setback from Blue Gentian Road and TH 55. ? The CUP's and the variance requests for setbacks were approved. The applicant withdrew the parking space size variance. ? The applicant proposes a 21,000 square foot office building which requires a minimum of 112 parking stalls. ? The applicant proposes 82 stalls on site (57 surface and 25 below grade) and 30 stalls off-site. ? The proposed plan satisfies minimum green space requirements. ? The combination of the Variance requests and shared parking allow the proposed level of development on Lot 1. ? The Advisory Planning Commission held a public hearing on January 22, 2008 and is recommending approval of the CUP. ISSUES: The proposed location of the trash enclosure appears to cause a conflict as the access is via the two way ramp to the rooftop parking on the adjacent lot. 120 DAY AGENCY ACTION DEADLINE: April 16, 2008 ATTACHMENTS (2): Draft January 22, 2008 APC minutes on pages through Staff report on pages through ss~- ~00 APC Minutes January 22, 2008 Page 3 of 12 B. SPECTRUM BUSINESS PARK Applicant Name: Bricks & Mortar LLC Location: Lot 1, Block 1, Spectrum Business Park Application: Conditional Use Permit A Conditional Use Permit to allow joint parking. File Number: 02-CU-15-12-07 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated January 16, 2008. She noted the background and history. Rick Morphew, applicant, spoke to the issue of the trash enclosure location; he explained that the access road is very wide, pick up is typically at 5:00 a.m. and the proposed location is best for limiting views of the trash area from off site. Chair Hansen opened the public hearing. Tom Barbeau, architect, spoke to the two parking stalls at the entrance to the underground parking and the need for service activity there. Chair Hansen closed the public hearing. Member Keeley asked for clarification about pedestrian access from the off-site parking to the new office building. Barbeau stated that new steps, sidewalk and crosswalks would be added to provide for pedestrian movement between the two lots. Chair Hansen stated that the proposed shared parking is consistent with the City Code allowed maximum of 30 spaces. Member Chavez stated the most important factor is the exchange for allowing the shared parking; in this case, more green space. Member Keeley stated her concern with ease of access from Blue Gentian to the underground parking. Barbeau stated that while access to the underground parking is somewhat protracted, the area is primarily used by employees of the park. Chair Hansen stated he is not troubled with the proposed stall width. He asked the applicant if there were options for the trash enclosure location. Barbeau stated it could be moved to the north side of the building but that location would be less appealing. I APC Minutes January 22, 2008 Page 4 of 12 Member Keeley moved, Member Heaney seconded a motion to recommend approval of a Conditional Use Permit (CUP) to allow joint parking on property legally described as Lot 1, Block 1, Spectrum Business Park in the NW 1/4 of Section 2 subject to the following conditions: 1. This Conditional Use Permit shall be recorded at Dakota County within 90 days of approval by the City Council, and proof of recording submitted to the City. 2. The trash enclosure location shall be revised to avoid conflicts with vehicular movement on the ramp to the parking structure. 3. The trash enclosure shall be constructed of the same materials utilized on the office building and shall comply with applicable provisions of the Zoning Ordinance. 4. The parking lot design shall be revised to avoid conflicts with vehicle maneuvering. 5. The developer shall provide evidence of private ingress/ egress easements between Lots 1 and 2, Spectrum Addition for review and approval by the City Attorney prior to building permit approval for the proposed development of Lot 1. A vote was taken. All voted in favor. Motion carried: 7-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: January 16, 2008 CASE: 02-CU-15-12-07 APPLICANT: Bricks & Mortar LLC HEARING DATE: January 22, 2008 PROPERTY OWNER: Bricks & Mortar LLC APPLICATION DATE: Dec. 19, 2007 REQUEST: Conditional Use Permit and Variances PREPARED BY: Sarah Thomas LOCATION: Lot 1, Block 1, Spectrum Business Park COMPREHENSIVE PLAN: SA, Special Area ZONING: BP, Business Park SUMMARY OF REQUEST Bricks & Mortar LLC is requesting a Conditional Use Permit to allow joint parking, a Variance to allow 9 foot by 19 foot parking stalls and a 10 foot Variance from the required 20 foot parking setback from Blue Gentian Road and TH 55 on property legally described as Lot 1, Block 1, Spectrum Business Park in the NW 1/4 of Section 2. AUTHORITY FOR REVIEW Joint Parking Facilities City Code Chapter 11, Section 11.70, Subdivision 6 allows joint parking as a Conditional Use to allow a reduction of 30 of the required parking spaces. Conditions required for joint use are: A. The proposed joint parking space is within 400 feet of the main entrance of the use it will serve; B. The applicant shall show that there is no substantial conflict in the principal hours of the two or more buildings or uses for which joint use of off-street parking facilities is proposed; and C. The conditional use permit shall be considered void or be revoked if there is a change of use that would cause similar hours of operation or peak demand periods. D. Any other conditional use permit criteria as contained in the Code. 4) Planning Report - Bricks & Mortar LLC January 22, 2008 Page 2 Conditional Use Permit City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Planning Report - Bricks & Mortar LLC January 22, 2008 Page 3 Variance City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special conditions or circumstances do not result from actions of the applicant. d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone.. BACKGROUND/HISTORY The subject site was platted as Lot 1, Block 1, Spectrum Business Park, in 2000. An Alternative Urban Area Review (AUAR) was completed for the Grand Oak Business Park, which included this site. In the 2001 update of the original AUAR, the development assumption for this property was a 6,000 square foot restaurant. In 2002, Spectrum Investment Group, LLC requested a Conditional Use Permit to operate a class I restaurant, a Conditional Use Permit to serve on-sale liquor, a Variance to allow 9 foot by 18 foot parking stalls, and a 15 foot Variance from the required 20 foot parking setback from Blue Gentian Road and TH 55. The conditional use permits and the variance requests for setbacks were approved. The applicant withdrew the parking space size variance. EXISTING CONDITIONS The site is mostly vacant other than a portion of the parking access ramp on the east side of the property that serves as the only access to the rooftop parking of the Spectrum Commerce Center located on Lot 2, Block 1, Spectrum Business Park. Topography is relatively flat with a gradual slope to the southeast. 413 Planning Report - Bricks & Mortar LLC January 22, 2008 Page 4 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround Lot 1, Block 1, Spectrum Business Park: Existing Use Zoning Land Use Designation North Single Family BP, Business Park SA, Special Area Dwelling South TH 55, Warehouses I-1, Limited Industrial IND, Limited Industrial West 1135E East Office; Parking BP, Business Park SA, Special Area EVALUATION OF REQUESTS 1. Conditional Use Permit Compatibility with Surrounding Area - Surrounding properties are zoned BP (Business Park), which provides for "low intensity office, light industrial and supporting commercial services that may be suitable in relative close proximity to non-industrial development." Although properties to the north are currently single family dwellings, they are zoned BP and a development application is under review to construct a two story office building. The subject proposal which consists of a two story office building is consistent with the zoning and land use designation. Site Plan - The applicant proposes to construct a 21,000 square foot office building. Access is proposed from Blue Gentian Road to the north via a private shared service drive with Lot 2, Spectrum Addition in the northeast corner of the property. Overall, it appears as though the size of the office building is too large for the site because of the requested Conditional Use Permit for joint parking and Variances. Setbacks: Minimum required building and parking setbacks are compared to the proposal in the following table: Front Yard Front Yard Side Yard (Blue Gentian Rd.) (TH 55) Building Ordinance Minimum 40 feet 50 feet 20 feet Proposed 58 feet 58 feet 56 feet Parking Ordinance Minimum 20 feet 20 feet 5 feet Proposed 10 feet 10 feet 40 feet The proposed building meets all required minimum setbacks; however, the proposed parking encroaches into the required 20 foot setback from Blue Gentian Road and TH 55. Further comments concerning setback Variances are addressed in the Variance section of this report. 44 Planning Report - Bricks & Mortar LLC January 22, 2008 Page 5 Green Area: A maximum of 25 percent of the lot must be green area, according to the Zoning Ordinance. The site area is 1.41 acres or 61,420 square feet. This size parcel therefore requires 15,355 square feet of green space. The site plan meets the requirement as 25 percent or 15,580 square feet of the site is proposed to be green. Building Coverage: City Code permits 20 percent of the site to be covered with buildings. The site plan meets the requirement as the proposed building footprint is 10,990 square feet, which is less than the 12,284 square feet allowed. Parkin - A minimum of one parking space for each 150 square feet of net leasable floor area is required for office buildings. The site plan indicates that the office building is proposed be 21,000 square feet. Thus, the use is required to provide a minimum 112 parking stalls. The site plan indicates that 82 stalls are proposed on site (57 surface and 25 below grade) and 30 stalls, or over 25% of the parking, will be located off-site. Proposed parking stalls are 9 feet in width by 19 feet in depth. The Zoning Ordinance requires stalls to be 10 feet by 19 feet. Further comments concerning this request are presented in the Variance portion of this report. The two proposed parking stalls adjacent to the entrance/exit of the underground parking are awkwardly configured and may pose a problem for those entering and exiting the covered parking structure. Staff recommends that the parking layout be revised to relocate the two parking stalls. The proposed parking would not meet parking requirements if not for the 30 stalls proposed off- site. Therefore, a Conditional Use Permit to allow for joint parking is requested. City Code requires a CUP for the reduction of up to 30 spaces. Reductions are allowed to minimize the amount of hardcover and maximize real estate potential. This is allowed when required parking facilities serving two or more facilities are located on the same lot. City staff has reviewed the conditions required for joint use, and based upon the information provided by the Applicant in the narrative, it appears as though the uses will not conflict with each other. City policymakers shall determine if having 26% of the required parking stall located off site is consistent with the intent of the joint parking CUP. Trash Enclosure - The Zoning Ordinance requires that a trash enclosure be constructed of materials to match the exterior of the principal structure, with gates or doors having at least 90 percent opacity, and meet principal structure setbacks, which are 40 feet in the BP zoning district. A detached trash enclosure is proposed on the Site Plan that meets the minimum required setback, but an elevation was not submitted. The only access for the trash enclosure is via the two way ramp to the rooftop parking on Lot 2 which may pose a problem for those entering/exiting the, ramp. Staff recommends that the trash enclosure location be revised to eliminate the potential conflict. Planning Report - Bricks & Mortar LLC January 22, 2008 Page 6 Access/Street Design - Public street access is available to Blue Gentian Road to the north via a private shared service drive with Lot 2, Spectrum Addition in the northeast corner of the property. Access to the 25 stalls proposed below grade on the subject property is only available by circulating through Lot 2. The developer should provide evidence of private ingress/egress easements between Lots 1 and 2, Spectrum Addition for review and approval by the City Attorney prior to building permit approval for the proposed development of Lot 1. Airport Noise Consideration - The City of Eagan considered airport noise a factor in its Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter of its Metropolitan Development Plan that anticipates the impacts from the continued operation of the airport at its current location. The noise policy contours in Eagan place the subject property within Noise Zone 4. Within this zone commercial uses are considered compatible, which means that such uses are acoustically acceptable from both indoor and outdoor activities. II. Variances The applicant is requesting a Variance from the 10 foot by 19 foot minimum parking stall dimensional requirements. All parking stalls are proposed to be nine feet in width and 19 feet in depth. The proposal meets the minimum number of parking stalls required by the Zoning Ordinance for office buildings if the Conditional Use Permit for joint parking is approved. Applicant's Estimate of Hardship "The applicant has supplied 100% of the land under the Blue Gentian Road running from STH 55 to Blue Water Road, as opposed to the normal practice of each contiguous property owner supplying 50% of the land under a proposed new road. Lot 1 totaled approximately 2.024 acres at the time the applicant acquired the property. Since the improvement of the new portion of Blue Gentian Road, the new acreage of the site has been reduced to approximately 1.41 acres. The City of Eagan has already approved a variance request allowing for Lot 1 to be a commercial site under the Business Park zone, given that the minimum allowable parcel size is 1.5 acres." "The accommodation of the property owners on Blue Gentian Circle placed some unexpected development constraints on this commercial corner. A hardship was placed on the applicant, making the development of this land parcel to its highest and best use as a full-service restaurant much more difficult." "This variance request is consistent with a variance granted by the City of Eagan on Lot 2, the Spectrum Business Park and with Variance requests on similar properties in Eagan." /`-i' Planning Report - Bricks & Mortar LLC January 22, 2008 Page 7 Parking Stall Width and Depth It is appropriate to grant relief from a required ordinance provision if there are special conditions that apply to the subject site that make construction of a reasonable use difficult. Special conditions may include topography, natural features, and lot configuration or area. The applicant was the developer of Spectrum Business Park and was aware of the development constraints of the site. During Subdivision approval, a Variance was granted to allow Lot 1 to be less than 1.5 acres, the minimum lot area with the BP zoning district. The applicant is requesting an additional Variance to allow narrower parking stalls required by ordinance. The property does not appear unique and any such special conditions mentioned seem to be self created, since the applicant designed the lot configuration. A Variance from the parking stall dimensional requirements appears to be contrary to the intent of the Comprehensive Guide Plan and Zoning Ordinance. It appears the applicant can construct a reasonable use on the property without relief from the City Code; however, the City has approved 9 foot wide stalls for straight office use in a number of situations. Parking Setback As previously mentioned, the site is not unique and the original Spectrum Subdivision created any perceived special conditions. A smaller office building could be constructed on the property without Variances. The requested Variance from the minimum required setback is inconsistent with the intent of the Zoning Ordinance. The purpose of setbacks is to provide pervious surface, snow storage on private property, and adequate space for required landscaping/screening for the parking from public rights-of-way. Permitting parking to encroach 10 feet into a required 20 foot setback is contrary to the intent of the Zoning Ordinance. The Applicant did receive a fifteen foot Variance from the public street on September 3, 2002. This Variance became null and void after one year of not being utilized. City policymakers shall determine if the stall dimension and setback variances are consistent with the intent of the City Code. SUMMARY/CONCLUSION Bricks & Mortar LLC is requesting a Conditional Use Permit to allow joint parking, a Variance to allow parking stalls smaller than required by ordinance, and a Variance to allow a parking setback less than ordinance requirements. The proposed office building appears to be an appropriate use for the area and zoning district, however, the site plan does not comply with some provisions of the Zoning Ordinance. Planning Report - Bricks & Mortar LLC January 22, 2008 Page 8 The requested Variances from minimum parking stall dimensions and parking setbacks will continue a pattern of City Code deviations established with the original development of the Spectrum Commerce Center that received similar Variances as those presently requested. Also, the City granted a Variance to allow the subject lot to be created at less than the minimum BP requirement. This situation was exacerbated when the developer encumbered the east edge of the subject lot with a ramp to serve Lot 2. A determination regarding the appropriateness of a Conditional Use Permit for the joint parking is considered a policy matter to be determined by the Advisory Planning Commission and City Council. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to allow joint parking on property legally described as Lot 1, Block 1, Spectrum Business Park in the NW 1/4 of Section 2. If approved the following conditions should apply: 1. This Conditional Use Permit shall be recorded at Dakota County within 90 days of approval by the City Council, and proof of recording submitted to the City. 2. The trash enclosure location shall be revised to avoid conflicts with vehicular movement on the ramp to the parking structure. 3. The trash enclosure shall be constructed of the same materials utilized on the office building and shall comply with applicable provisions of the Zoning Ordinance. 4. The parking lot design shall be revised to avoid conflicts with vehicle maneuvering. 5. The developer shall provide evidence of private ingress/ egress easements between Lots 1 and 2, Spectrum Addition for review and approval by the City Attorney prior to building permit approval for the proposed development of Lot 1. Eagan Boundary Right-of-way Parcel Area Location Map Park Area Building Footprint o• 08 s` 17 _i:: eTe~ Y Fp o^ O Q 44 41 Subject Site O o Z t L_~.1 s p e p u0 c.aw.K. Ho. M10oaK 10.) EEL G y L~ •'"eta ' W110111 0 t.3~ u*K 2a •a oP e = Ih 1000 0 1000 2000 Feet Development/Developer. Spectrum Business Park Application: Conditional Use Permit Case No.: 02-CU-15-12-07 N THIS MAP IS INTENDED FOR REFERENCE USE ONLY City of Ealan W+E The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are S Communhy Development Department not responsible for errors or omissions. 1 Bricks & Mortar 1 Current Zoning and Comprehensive Guide Plan Conditional Use Permit Land Use Map 02-CU-15-12-07 Zoning Map e BP z S gp Location BP A Current Zoning: BP $ BP Business Park BP 1-1 BP PD as i 1-1 boo 0 Goo 1200 Feet P Comprehensive Guide Plan L -----J Land Use Map Location x O s Current Land Use Designation: SA SA ~Pp'1Gr Special Area yt, a°'as SA IND SA IND IND 600 0 600 1200 Feet Parcel boos map information provided by Dakota County Land Survey Department Deember 2005. N Zoning Information maintained by City Staff. C of Ea aIl U W E THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. S 100 a 491 mss. - ti h. ` 4 BARBFAU ARCHITECTS. I C. PARKING DATA r w P,IRKING REQUIRED 112 SPACES 1PF.R 150111. s.e ON-SITE PROVIDED 82 SPACES OFF -SITE. PROVIDED 30 SPACES PARKING BREAKDOWN STANDARD S SPACES (..f-) 53 SPACES STANDARD SPACES (--d) 54 SPACES 1 Cure ' HWDIG\PPED SPACES (aurfce) 35PACFS HANDICAPPED SPACES (-.red) I SPACE - ` + ' , voENMX VAN ACCESSIBLE SPACES (surf..) SPSDE- 1~/~" r 707.E 112 SPACES 12 lA Ermmc \ \ e O NfM SXJEMMX SITE. AREA 1.41 ACRES 61,420 S.F. PROPOSED BUILDING FOOTPRINT 10,990 S.F. _ ` / •Y I `~~,~sF \ 4r O`~G~ PROPOSED OFFICE BUILDING G.P.A. 21,000 S.F. LN°" 1 ~ - ~ t. ~ 1 1 t REQUIRE.DGRRFNSPACF.Z.S%(15.3555.E.) '•y\ \ yy,, ~Np", A- N. GREENSPACE PROVIDED 15,580 S.F. / + 3 `Y A W'^'L ST'SF JP OTE: AIL CONTOURS RAF. \i / r~ i! pPRX~r ` ,n ISTING CONDITIONS 11 / 1 5 1 ~ OFFICE 6c PNpw ` nr t,,PY ( 1,_ \ O~MERCE CE 11~ 4 su°"°'°cQ T r pg7 - \ \ \ SPECS PRK RUMING DECK 1\l I` 2 4 1 L.d' 4' ^ Y t' EXIStIN CO ED CbrLNr~O XW T J/) z / ~ / / EM 25 t-.-: \ / \`rJ / _ _ MRw¢T Mml ne Lw wne PROFEFfl' E-*0 .~Y CONC. / 1 ~y 0' Op/INnDE m / y +s [>t2im t 19432 D cmw Na ~ S T _ i / y ,Ci'` ® Bri. & Nortor LLC D 1 F logo Blue Gerition R / NEp <uRe I Eagan, MN NN 55121 5111 NO ~ z LS A NMa J^ i ^ I 1 s"-' cope PROPOSED OFFICE MMM .cm LOT 1 2 ,L a1 \ \ `J ® //jam SPECTRU 1 BUSINESS PARI s~MrcD ass ppp~" "pj0 ' \ \ .ccass I PRroosED rccEs~ PDN a E~NI, i / LOT 2 `~rROY LOT 2 OT t EX EOfit / me®+Nea eEtfYR `OPKK P 07 LOT 1 SITE CONCEPT PUN ~.t ~pw M LNtOO P LOT 2 \ 1 nac \ 11/2107 PaDPLED .ccass LW 1 Oi 2 i0 l0i NOR: Ae INK PUN K MEHOED TO OENddIR,LIE ®m M OOE POW " 0001 SITEI'.311'-0" CONCEPT PLAN °M RESPC~C TO Sue 0 PMN41G 1L Q LM OT OC ON-ORIDE Nq ON ME LOR2Q3 lF£ p °gRRO ~ SHWED KCESa ` 50~ SC/EE: UPPER ] R -1 eNOpN MN 1NE PROPOe1O PNMMC 11431 MIL OCCIR ON-OR/OF MID -ON GIDE 011 LOT 1. 0 IS' b' Bricks & Mortar, LLC &=60i 401 R9 \ (11 JOYS. I ..M• O W P__ _ 1 I RR .(sY~ \ ` R1m1 OR N AREA PLAN SPECTRUM BUSINESS PARK Proposed Office Building SHEET NUNBER ND SEME Lot 1 Spectrum Business Park, Eagan, MN S D 1 RECEIVED JAN 0 3 2009 CONDITIONAL USE PERMIT REQUEST FOR JOINT PARKING BETWEEN LOT 1 AND LOT 2, SPECTRUM BUSINESS PARK PID# 10-71375-010-01 SUBMITTAL DATE: JANUARY 4, 2008 This Conditional Use Permit Request is being submitted by Bricks and Mortar, LLC, a Minnesota limited liability company ("the Applicant"). The Applicant is requesting a Conditional Use Permit for Joint Parking Facilities as per the City of Eagan's Land Use Regulations Section 11.70, Subd. 6. The proposed site plan for an office building outlines the parking requirements which includes 30 joint parking spaces required from the adjacent Spectrum Commerce Center, Lot 2 Spectrum Business Park. Both properties have common ownership. The applicant has supplied 100 % of the land under Blue Gentian Road running from STH 55 to Blue Water Road, as opposed to the normal practice of each contiguous property owner supplying 50% of the land under a proposed new road. This was done to accommodate the contiguous single family residential property owners to the north along Blue Gentian Circle. Lot 1 totaled approximately 2.024 acres at the time the Applicant acquired the property. Since the improvement of the new portion of Blue Gentian Road, the net acreage of the site has been reduced to approximately 1.41 acres. The accommodation of the property owners on Blue Gentian Circle placed some unexpected development constraints on this Business Park property. A hardship was placed on the Applicant, making the development of this land parcel to its highest and best use as an Office Building much more difficult. As a result, the submitted site plan utilizes surface, under-building parking and above-building joint parking facilities with the Spectrum Commerce Center which is adjacent to the site. Parking below the proposed office building and above the Spectrum Commerce Center does not require additional impervious ground cover to fulfill the parking requirement. As a result this building design is more environmentally friendly than one that utilizes surface impervious parking to fulfill all its requirements. The proposed joint parking facilities meet all of the conditions of the City of Eagan Land Use Regulations 11.70, Subd. 6. Specifically, all building entrances are well within the joint parking space 400 foot requirement. The 30 joint parking spaces are located in a covered parking area of more than 140 spaces that are not being used by the adjoining property, and there is no conflict in the principal operating hours or access to the spaces between the two properties since the tenants in the properties have varied operating hours and the access to the area is secured and metered. The proposed office building development will be a fitting addition to the northern most entrance to the City of Eagan on Highway 55 meeting the intent of the City of Eagan's Business Park Zoning. It is a higher and better use than the conditional use permit for a RECEIVED JAN 0 3 20010 restaurant that was previously granted by the City, and it will generate significantly greater tax revenue for Eagan. Our intent is to construct a building with the following traits: • "Class A" single-tenant office property. • Tenanted by a corporate investment-grade tenant. • Constructed with building materials appropriate for the BP zoning and Class A design. • Site, Building and Grading plans will be submitted pursuant to approval of the Variance Requests and Conditional Use Permit. • Compliant with all Business Park Zoning requirements for, landscaping, screening and trash enclosures. • Environmentally friendly with potential LEED Certification. • Serviced by private shuttle transportation to reduce traffic. • Managed by the same management company as the Spectrum Commerce Center and Enterprise Buildings. Granting a Conditional Use Permit for 30 joint parking stalls is appropriate because: • All conditions of Zoning Section 11.70 Subd. 6, Joint Parking Facilities have been met. • The properties are owned and managed by the same owners who can implement the appropriate permanent lease/easement which will insure that the joint parking arrangement will not be removed in the future. • The Class A office building will be equal to or exceed the design of ALL properties in the area and maximize the potential tax base to the City of Eagan. • The hardship imposed on this site by taking an inordinate amount of land for the construction of Blue Gentian Road in order to accommodate the City in its negotiations with the adjacent residential property owners was detrimental to the development of this site for its intended use. • Better utilize existing parking spaces that are not being used and shield parked automobiles from view. • Provide secure, well lit, easily accessible parking to the tenant. • The resulting property will attract a new corporate tenant to Eagan with additional professional employees. We respectfully request that the Advisory Planning Commission recommend that the City approve a Conditional Use Permit for 30 joint parking spaces with the adjoining property, Spectrum Commerce Center. 7 Agenda Information Memo February 4, 2008 Eagan City Council VI. OLD BUSINESS A. COMPREHENSIVE GUIDE PLAN AMENDMENT - PASTER ENTERPRISES, INC. ACTION TO BE CONSIDERED: To continue the proposed Comprehensive Guide Plan Amendment request to the February 19, 2008, City Council meeting. REQUIRED VOTE FOR APPROVAL: At least four votes. FACTS: ? Representatives from Paster are unable to attend the February 4, 2008 Council meeting, and have requested that the item be postponed to the February 19, 2008 meeting so they can be present to address the Council and respond to any questions. ? The last continuance was granted in August 2007 to the February 5, 2008 (now Feb. 4th) City Council meeting. ? Paster Enterprises is requesting a continuance of the proposed Comprehensive Guide Plan Amendment to change the land use designation from SA-Office/Service to SA-Retail Commercial, upon approximately 24 acres north of Yankee Doodle Road and west of Central Parkway. ? The application was submitted in 2005 and has been continued several times since the initial application. ATTACHMENTS (1): Correspondence from Paster Enterprises dated January 28, 2008, pages through- -op PASTER ENTERPRISES 2227 University Avenue • Saint Paul, MN 55114-1677 SHOPPING CENTER DEVELOPMENT & MANAGEMENT 651-646-7901 •Pax651-646-1389 www.pasterenterprises.com CENTRAL PLAZA 45th & Central Ave. N.E. January 28, 2008 Minneapolis, Minnesota Ms. Pamela Dudziak CRYSTAL SHOPPING CENTER City of Eagan Bass Lake Road & West Broadway Crystal, Minnesota 3830 Pilot Knob Road Eagan, MN 55112-1897 CRYSTAL TOWN CENTER Bass Lake Road & West Broadway RE: Perron Property Crystal, Minnesota Eagan, MN DODDWAY SHOPPING CENTER Dear Ms. Dudziak, Smith & Dodd Road West Saint Paul, Minnesota Due to unforeseen circumstances, we are not able to make the February 4, 2008 City Council meeting to discuss the LAKEVILLE CROSSING status of our Comprehensive Land Use Guide Plan 160th & Cedar Avenue Lakeville, Minnesota Amendment. As a result, we request a delay to the next regularly scheduled City Council meeting on February 19, 2008. LEXINGTON PLAZA SHOPPES Lexington & Larpenteur Roseville, Minnesota Please let us know whether this request is acceptable. If you have any questions or comments please feel free to MENDOTA PLAZA contact me directly at 651-265-7865. State Highway 110 & Dodd Road Mendota Heights, Minnesota Sincerely, PASTER ENTERPRISES, LLC MOUNDSVIEW SQUARE Highway & Long Lake Road MounView, , Minnesota Mounds Howard Paster NORTHWAY SHOPPING CENTER President State Highway 23 & Woodland Lexington/Circle Pines, Minnesota CC: Ken Henk Edward Paster SIBLEY PLAZA West 7th Street & Davern Saint Paul, Minnesota Enclosure/so SOUTHVIEW SHOPPING CENTER MEMBER OF Southview Boulevard & 13th Ave. S. •Q M South Saint Paul, Minnesota red t? i of y ~4r . _ .r• E:itarnatlcrcal Zo'ouncrr of -hhonping Centers Agenda Information Memo February 4, 2008 Eagan City Council VII. NEW BUSINESS A. PLANNED DEVELOPMENT AMENDMENT - GALAXIE CLIFF PLAZA THIRD ADDITION ACTION TO BE CONSIDERED: To approve (or direct Findings of Fact for Denial) a Planned Development Amendment to modify the square footage of the existing building, located at 1895 Plaza Drive, legally described as Lot 2, Block 1, Galaxie Cliff Plaza Third Addition, in the NW 1/4 of Section 32, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: At least three votes. FACTS: ? The RHS office building was built in 1997 and is part of the Galaxie Cliff Plaza Planned Development which was approved in 1988. ? The applicant requests a modification to the official square footage of the building to increase the size from 24,400 square feet to 25,897 square feet. ? The 24,400 square foot number was shown on the building drawing during the Final Planned Development process. ? The applicant states the building was built to be 25,897 square feet. ? The Advisory Planning Commission held a public hearing on January 22, 2008 and is recommending approval. ISSUES: ? 132 parking stalls exist on the site which is six stalls short for a 25,897 square foot office building, however no known parking issues have been experienced in the past 10 years. 60 DAY AGENCY ACTION DEADLINE: February 15, 2008 ATTACHMENTS (2): Draft January 22, 2008 APC minutes on pages tiffoo -k-- Staff report on pagei_through7 . S~p APC Minutes January 22, 2008 Page 2of12 IV. PUBLIC HEARINGS A. Galaxie Cliff Plaza Third Addition Applicant Name: Galaxie Partnership LLC Location: 1895 Plaza Drive; Lot 2, Block 1, Galaxie Cliff Plaza Third Addition Application: Planned Development Amendment A Planned Development Amendment to revise square footage of building. File Number: 32-PA-14-12-07 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated January 11, 2008. She noted the background and history. Terry Wensmann, applicant, stated he was available for questions. Chair Hansen opened the public hearing. There being no public comment, Chair Hansen closed the public hearing and stated his belief that the applicant's narrative adequately explained the situation. Member Zoberi moved, Member Keeley seconded a motion to recommend approval of a Planned Development Amendment to modify the square footage of the existing building to 25,897 square feet, located at 1895 Plaza Drive, legally described as Lot 2, Block 1, Galaxie Cliff Plaza Third Addition, in the NW 1/4 of Section 32 subject to the following conditions: 1. A Planned Development Amendment Agreement shall be executed and recorded at the Dakota County Recorder's Office prior to issuance of a building permit. A vote was taken. All voted in favor against. Motion carried 7-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: January 11, 2008 CASE: 32-PA-14-12-07 APPLICANT: Galaxie Partnership LLC HEARING DATE: January 22, 2008 PROPERTY OWNER: Galaxie Partnership LLC APPLICATION DATE: Dec. 18, 2007 REQUEST: Planned Development Amendment PREPARED BY: Sarah Thomas LOCATION: 1895 Plaza Drive COMPREHENSIVE PLAN: O/S, Office/Service ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment to modify the square footage of the existing building, located at 1895 Plaza Drive, legally described as Lot 2, Block 1, Galaxie Cliff Plaza Third Addition, in the NW 1/4 of Section 32. AUTHORITY FOR REVIEW PD Amendment: Chapter 11, Section 11.50, Subdivision 5 states, in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. %~o Planning Report - Galaxie Partnership, LLC January 22, 2008 Page 2 BACKGROUNDIHISTORY The Galaxie Cliff Plaza Planned Development Agreement was executed in 1988 for a five year term, and specified Limited Business uses. The first building in the Galazie Cliff Plaza Planned Development, a real estate office, was constructed in 1988. Subsequent development proceeded in 1990 with the medical clinic, the daycare center in 1996, the subject RHS office building in 1997 and another medical/dental clinic in 1999. A Final Planned Development Agreement was approved in 1997 which allowed the construction of the RHS office building on Lot 2, Block 1. A Planned Development Amendment was approved in 1998 to allow a pylon sign on the property as well. EXISTING CONDITIONS The property is located south of Cliff Road between I-35E and Galaxie Avenue and the northwest side abuts the I-35E northbound exit ramp to Cliff Road. The Galaxie Cliff Plaza Planned Development consists of a daycare center, real estate offices, a medical clinic and general office. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Medical Clinic (Park PD, Planned LB, Limited Business Nicollet) Development East Single-Family PD, Planned LD, Low Density Residential Development (Oakpointe of Eagan) South Medical Clinic (Park PD, Planned LB, Limited Business Dental) Development West Interstate 35E Right-of-way Right-of-way EVALUATION OF REQUEST Description of Proposal - The applicant is requesting a modification to the official size of the building to increase the size from 24,400 square feet to 25,897 square feet. The 24,400 square foot number came from a calculation provided on the building drawings during the Final Planned Development Agreement process which was prior to the final building plans being submitted. The building was apparently built to be 25,897 square feet. Parkin - The site consists of 132 parking stalls which exceed the parking requirement by two stalls for a 24,400 square foot building. A 25,897 square foot building would require 138 parking stalls. Therefore, the site is short six parking stalls. Le ( Planning Report - Galaxie Partnership, LLC January 22, 2008 Page 3 SUMMARY/CONCLUSION The proposed modification is essentially a housekeeping issue in that the building and site have functioned without issue for 10 years. The building size has not had a negative impact on the site or surrounding property. The shortage of six stalls is a deviation from typical commercial zoning standards but can be allowed as part of a Planned Development and the site has not experienced any parking shortages. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to modify the square footage of the existing building to 25,897 square feet, located at 1895 Plaza Drive, legally described as Lot 2, Block 1, Galaxie Cliff Plaza Third Addition, in the NW '/4 of Section 32. If approved the following condition shall apply: 1. A Planned Development Amendment Agreement shall be executed and recorded at the Dakota County Recorder's Office prior to issuance of a building permit. c~a Eagan Boundary Right-of-way Location Map Parcel Area Park Area Building Footprint 47 97 12 a. ®e 0 ISO COUNTY sTATI AID HIGHWAY NO. u (CUFF ROAD) ® P ®s 4 1 00u Jim e, as 0 ® 91 0 B e s Subject Site ® o ® a by EPP ® • If r°• CD ~ . PPS' 0 , d6°® ® ~8 B ® P 8 v ~ ~ Ip asp 1000 0 1000 2000 Feet Development/Developer. Galaxie Cliff Plaza Third Addition Application: Planned Development Amendment Case No.: 32-PA-14-12-07 N e4 W THIS MAP IS INTENDED FOR REFERENCE USE ONLY City of EajaIl E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are Community Development Department not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Galaxie Cliff Plaza Third Addition Land Use Map Planned Development Amendment 32-PA-14-12-07 Zoning Map LTD PD 1 AID HIGHWAY NO. 32 (CLIFF ROAD) Current Zoning: Location R-1 PD PD PD Planned Development PD t PD Lo PD LB PF P g -'1 ii P Soo 0 000 1200 Fee Comprehensive Guide Plan mm 1 1 1 1 1, LD Land Use Map RC L D ID HIGHWAY NO. 22 (CLIFF ROAD ) Location RC LD ,ems Current Land Use Designation: C O!S O/S ors ftt' LD Office/Service C as OP LD L P 500 0 S00 1200 Feet N Par°el bap map motion provided by Dakota County Land Survey Department Decmber 2005. rlening Information maintained by City Stan. W E City of Eagan THIS MAP IS INTENDED FOR REFERENCE USE ONLY S The City of Eagan and Dakota County do not guarantee the accuracy of this information. • i" Vol( 000 } _4> / ~ ~ ~ .#a r ~ / ter'-•':Si t f r' ~ ='rt fa g'^ s WIT bs'kx~ r F.' ''yk:6 i'A~t . f • a~ ti ~ r +a' ~ • ,G Y ?t M rl4' a'$ •a 907 •wn.waM ua . ra..ew. eMw aexr seero ALTA/ACSM LAND TITLE SURVEY eRa.e ~~ak na PROPERTY DESCRIPTION LatZ Back 1 of GALNOE CLIFF PLAZA "RD ADDITION, ecaa2a9 le Iti reaaded plat (fixed. Debate Carly. "*l To Gd001. Partnership LLC, a Minnesota limited liability company, 5905 GRV, LLC, a Minnesota limited liability company and first Amerlean Title Insurance Company and that this Is a correct -y of. Lot 2, Block I. of GALA0E CLIFF PLAZA THIRD ADDITION. 11-ding to the recorded plot thereof, Dakota j 9 County, Minnesota. And N bosed Pon Information tound In the commitment for title Insor prepared by First American Title Lowrance Company. Carrnmitment No. NCS-316312-mple doted August 26, 2007. `a i 00 This Is to certify that fhb map or plot and the survey on whkh It is based w mode I. oeeerdonee MIA the "MInkwm Standard Delon Requirements for ALTA/ACSM Land Tll. Surveys,' jointly lobliMed and adopted by ALTA and NSPS F 2005, din lodes Items; 1,2,3,4,7 7b,11.9,10.11a.16.17 and 18 of ble A thereof. Porsuont to the Amrocy Standards as adopted by ALTA and NSPS and In effect an the ,~i ?V r /t dolleTaof this r`G w,G, r, •'Jv e u1`r OQ\ tifeotlon, undersigned further extlfee that F my pro feseienal opInkn, as o land wrveyor registered h J /w P P the Stale of Minn ...to, the Relolive P0.Rianal Accuracy of this wrvey does not eeceeed that which I. ? / /p` a specified !herein. DATE: 11-I8-97 vJi`~ .•~'r•` \i~-nl,v / / / REVI SED: 12-5-97 LARRY IF COUTURE, LAND SURVEYOR REVISED: 9-19-07 MINNESOTA LICENSE NO. 9018 REVISED: 10-5-01 se NOTES: F`-.rN/./ / 6 ~1M1Qrl P, k u/ 4 1 \ )The easterly nned line of Lot 2, Bo I of G2L eg CLIFF PLAZA 7HRD ADDITION y .0 ,;lr~ / / 009 oswmed t to ha hove a beakq of f $wth 32 degrees es 39 minutes 39 39 eecontls East. 2) City of Eagan Zoning Information - Po - Plan OavNOpment. 3.) Set-Bock Infonnollon - Front yard 30.00 feet, Side yard 10.00 feet, I-35E 50.00 v Q~ feel. Additional set-bock Information contact: Porn Dudziak• Plonnng Dept., City of Eagan. ~s 4.) Goph State One Call Notification Center (800) 252-1166. wo t E d contacted for undxgound uIRily locations. Reference Ticket s Number 529635 for information about this project. i ra G\'\ y°+ 5.) utility compocio. fers.ckp this project wtr a) U.S. West - for undergound cable Information contact - Worren Pickard. U.S. We.1 Cammunkotbn. 8244 Cedar Ave. S. Rkhfl.ld. MN (612) 861-8702. ~P.~,\~ 7 + Z ,!i° b) Northern StaEiE Information contact Imfamana aentpat Information contact - Val White (612) ~r~oJt c .ci St OYaG 0 486-3545. 6.) Bwndory ores I. 1.955 acres of lard. mors or lees. C 7.) Flood Zone Oeelgnution - Zone C. Community Ponta No. 27010300028, doted August T 11, 1978. 1 a 1 8.) The 0d work for this survey was completed an September It. 2007. 3 9.) There are 132 parking stable told, of which 6 spaces are handicapped. K` 'er r r s \ 0 10.) There wa! no obaerwble .Ndenoe of earth moslng work, bugding con.tructlon or bolding Milan, \ \ sr. recent months 11.) Th fr he no changes in street randt of way lines either completed or prposed, and pvdbble ~ ti. I'er \ p~ from the eonlydlFq jurladicikn and no ebaxwble eNdenee of recent street or sidewalk consWctlm q v a! ~ InerAe4f~ \ \ _,b~e•R3 ~ / ~ 12.) no no abaerwbb eNdencs of site use as o said watts dump. sump or sanitary landfill. 13.) There Is no gap or overlap between the land and and the dedicated right of way of Plaza Orive. 14.) Item number II as shown i + n eahedule B of the Title Commitment does affect the subject property e 4T0 se yr. i Jf J' and I shown on the drowing c~3e.59 15.) For height restrictions, floor voce re trkti ns or any other lot coverage restrictions contact . •p7' Porn Oudziak, Planning DepL, City of Eagan. 4 - kY0- 24.00 v.wwr 0.w4116s LEGEND ~ CITY OF EAGAN a 8.0O cnan MOMb8On eO No - _ J oFkdO.+n - oaaA aunr ex 0 0 00x00 woe NOMAr®.1 e.n ,rs •r__J_ _ ,)S." p1). o.°° % v pearmtlarreae ~_-I-_i,-I-_+-+-'~--+-+-+_T "rs"` aer save owo wRrocArewn ./~I ,,y ® aBgl®G1CIMlx -~~je?s! S ~ TF aMpl®IINIMD N -0 OBAIED f10AAepa.ral! M11RM0 ~oelgt®lrelrrMVNMeIaI! Ly0 I Bohlen oeror®sANrABraeWeA Ure oe Surveying & Associates 100E 4K eo~asWAOmw uWa r~ ...o,weA m .1°'...'.wamr _ t11lUTLT r>3ac,: VICINITY MAP 0B'0100NDCe fl . "°.e NBA a 0m 100 ecoAt pe+mm er<erNC1x 5:\P'01cm \Eognn\OA1.00€ Girt-P102 3RD\dwg\ALTA-wrwy-9-13-07.aeq RECEIVE") JAN 0 3 7BU z Mal f W r C a all P LL. C3-.b a Bit, lit T YY .•lar. i w L ~ •~r,•, } ~j R p 9 I Gt F Itll t ~ . u N ~ 11.1 1 ~ cv e~LY 4 ~ # 1 w L~ •j•'rL• L b Remit F fill Ell N Ile, 1 )1!, a I " k r•1 y 4 r •4 9 V • V \ / ~ 4 1 ORIGINAL*SITE PLAN Date: December 17, 2007 Applicant: Galaxie Partnership, LLC 1895 Plaza Drive, Suite Eagan, MN 55122 651-406-5000 Request: PD Amendment Contact Information: Terry Wensmann Galaxie Partnership, LLC 1895 Plaza Drive, Suite 200 Eagan, MN 55122 651-406-4400 History: May 19, 2997, Herbert Wensmann and Louis Olson, as Galaxie Partnership, LLC received Preliminary Subdivision and Final Planned Development approval. The approval was conditioned on a 24,400 square foot office building with a 132-stall parking lot. This office building is now known as the RHS Building. July 1997, the final Plat, Development Contract, and Final Planned Development Agreement were executed. The Final Planned Development Agreement was recorded in Dakota County July 15, 1997 as Document number 360057. The approval included a 24,400 square foot office building with a 132-stall parking lot, consistent with the preliminary plat approval. The 24,400 square foot number came from a calculation provided on drawings the consulting engineer submitted prior to final building plans. We believe in this calculation, open space was not included. The building has a very large open 2-story lobby that appears to have been eliminated in the figure. Fall 1997, the building permit for the RHS building was issued. Until such time as the actual building permit was pulled, final construction building plans had not been completed. (see stamp referring to "not for construction" on prelim approval and final approval documents on file at City of Eagan). Due to this process, differences have been recognized. For example, the exterior enclosed dumpster shows as part of the building square footage on some drawings, and not included on others. This would be appropriate for impervious surface coverage, but not building size. In addition, in the staff report and PD agreement, it was not discussed where this measurement was calculated (interior or exterior) therefore, we cannot verify why the differences. During final construction, some jogs in the building were eliminated for construction efficiency, which may have added to the change in square footage as well. Request: Galaxie Cliff Partnership is requesting an amendment to modify paragraph one (1) only of the PD agreement to reflect the final as-built size of the RHS Building from 24,400 square feet, to 25,897 square feet. All other conditions would remain the same. To clarify this process, the first floor of the building has been physically measured from the outside of brick, including any overhangs for total first floor square footage of 13,409 (see attached survey). The exterior has significant brick overhangs that have absolutely nothing to do with interior square footage. The second floor was calculated from outside of glass to outside of glass and measures to be 12,488 square feet for a total building size of 25,897 square feet (13,409 + 12,488). The screened dumpster storage is not included. RECEIVED DEC 1 8 2007 Impact: There will no impact to the existing land use, or surrounding land uses. The subject property will become in full compliance once the amendment is approved. The amendment will have no impact on City services or increase the storm water from what has been in existence for almost 10 years. The request simply confirms the current use and size of the structure. Public Benefit: The public benefit of the proposed amendment, simply stated, is housekeeping. The current size of the structure is not compliant with the recorded Planned Development agreement. This request will correct the non-compliant issue and will re-confirm the use, and size of a now completed structure. The public benefits by having Planned Developments within the City of Eagan in compliance with executed agreements. Agenda Information Memo February 5, 2008, Eagan City Council Meeting B. REZONING PRELIMINARY PLANNED DEVELOPMENT AND FINAL PLAT - (BLUE GENTIAN CORPORATE CENTER) ACTIONS TO BE CONSIDERED: To approve (OR direct preparation of findings of fact for denial for) a Rezoning from (BP) Business Park, (A) Agriculture and (R- 1) Single-family to (PD) Planned Development, for approximately 18.08 acres located east of Hwy. 55 between 1-494 and Blue Gentian Road in the NW I/4 of Section 2. To approve (OR direct preparation of findings of fact for denial for) a Preliminary Planned Development for a two-story and five-story office building with underground and structured parking upon approximately 18.08 acres located east of Hwy. 55 between 1-494 and Blue Gentian Road the NW 1/4 of Section 2, subject to the conditions listed in the APC minutes, as modified below. To approve (OR direct preparation of findings of fact for denial for) a Final Plat to create one lot upon approximately 18.08 acres located east of Hwy. 55 between 1-494 and Blue Gentian Road in the NW 1/4 of Section 2. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present. FACTS: ? The property consists of several parcels, some vacant and some contain single-family homes. The property is wooded with large variations in topography. A public street, Blue Gentian Circle, extends east-west through the site and terminates in a cul-de-sac at the east end. ? The area in question is located within a TIF Redevelopment District designed to remove blighted structures and land uses that are inconsistent with BP zoning standards. ? Over the past several years, either the applicant or the City have acquired all of parcels in the subject site. The City is taking steps to consider the transfer/sale of the City-owned properties to the developer. ? The Final Plat proposes to replat the development site into a single lot and requires the vacation of existing Blue Gentian Circle. The public hearing for the vacation appears earlier on this agenda. ? The applicant is proposing a Rezoning of the entire site to Planned Development (PD), and approval of a Preliminary Planned Development to construct a 2-story and 5-story office building with underground and structured parking to be constructed in two phases. ? Phase 1 consists of the easterly two-story portion of the building and a surface parking lot. Phase 2 is the westerly five-story portion of the building and the structured parking. ? The two portions of the building will be connected; the five-story portion of the building includes underground parking in addition to the surface lot and parking structure. ? The developer's narrative also states they are seeking LEED-CS (Core and Shell) Certification for the building under the U.S. Green Building Council Leadership in Energy and Environmental Design program. ? Cash parks and trails dedications apply to this development, and will be payable at the time of building permit. ? The APC held a public hearing on January 22, 2008, and recommended approval of the Rezoning and Preliminary PD. 60 DAY AGENCY ACTION DEADLINE: March 4, 2008 ISSUES: ? One of the building materials proposed, architectural metal panels, is not listed as a Class I material. The applicant presented information regarding the metal panels as a material that is "comparable or superior" to the brick, glass, natural stone and copper panels that are specifically identified as Class I in the ordinance. The APC recommended approval of the building elevations as presented for this Planned Development, accepting the metal panels as "comparable or superior" to a Class I exterior material. The Council is asked to make this clarification in its action as well. ? The Planned Development proposes deviations with regard to the size and number of parking stalls. The deviations are discussed in detail in the staff report. At the APC meeting, the applicant presented a conforming parking plan that illustrates the site impacts in terms of tree removal and added impervious surface. That plan is included in the attachments for the Council's review. The applicant also presented data from industry sources and other metro area projects regarding parking ratios. The APC recommended approval of the site plan as presented. ? In light of the data presented by the applicant regarding industry parking standards, and the illustration of the site impacts of the conforming parking plan, the APC suggested that the City review the office parking standards in the zoning ordinance, as a separate planning study. ATTACHMENTS (3): January 22, 2008 APC Minutes, pages through Conforming Parking Plan, page Staff Report, pages through "_7a APC Minutes January 22, 2008 Page 5of12 C. Blue Gentian Corporate Center Applicant Name: MG Eagan LLC Location: Properties North and South of Blue Gentian Circle Application: Rezoning & Preliminary Planned Development A Rezoning of approximately 18 acres from Agriculture, Business Park and Single Family to Planned Development and a Preliminary Planned Development to create a two and five story office building with underground and structure parking. File Number: 02-RZ-06-12-07 & 02-PD-03-12-07 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated January 17, 2008. She noted the background and history. Bake Baker, applicant, introduced the development team, explained the key goals of the gateway corporate center were to clean up a blighted area and maintain as much of natural beauty as possible. Architect Ken Horn, HGA Architects, discussed the location of the building on the site, preservation of the natural edge to the north, and the proposed building architecture, materials and appearance. Bake Baker spoke to their desire to minimize the footprint of the building and site impacts, and the importance of having a parking count driven by experience and market standards. He also commented on the importance of low impact development for McGough and that this development would incorporate an stormwater irrigation cistern, high efficiency HVAC & glass, etc. and that Leadership in Energy and Environmental Design (LEED) standards would be imposed on tenant build-outs in order to achieve LEED certification. Mr. Baker also commented on the possibility that there could be two major tenants and more building signage than conditioned in the staff report would be necessary. Chair Hansen opened the public hearing. Rick Morphew, 1000 Blue Gentian Road, stated he was extremely happy with the proposal and blight removal. He asked what the parking areas would look like from his property to the south and commented that coordination will be necessary relative to the location of the cistern so it will not conflict with a bus stop located at Blue Gentian and Blue Water Roads. He also mentioned a desire for a pedestrian crossing on Blue Gentian Road near that bus stop. There being no other comments, Chair Hansen closed the public hearing and brought the discussion back to the commission. Member Keeley commented that the proposal looks great and that she is excited about LEED. She stated the architectural metal is acceptable as a Class I material and asked the applicant about the parking calculation differential. Mr. Baker shared a number of calculations that illustrated the proposed parking count would likely exceed the needs of the development, but was consistent with industry standards. He 3 APC Minutes January 22, 2008 Page 6 of 12 presented data from the metro area regarding parking ratios and research data from several industry standards in support of a lower parking ratio than the City requires. Member Chavez commented how frequently development discussions come down to parking. He stated he liked the proposal, its design, and the image it presents as a gateway. He said he was impressed with the lack of issues, would like to have less parking and, although he was concerned with precedent, he sees the merits of the proposed parking plan. Member Dugan stated that the 9' x 18' stalls are not unusual and appear to work for office uses. Member Chavez clarified that the conditions of approval accept the applicant's proposed parking. He asked the applicant to explain the site impacts of adding the additional surface stalls or a third deck to the parking structure. Mr. Baker stated additional surface parking would increase impervious surface and tree loss, and that adding a third deck to the parking structure would not be financially feasible. He further explained the expense of surface parking is approximately $3,000/stall and the expense of structured parking is approximately $16,000/stall. The added expense of structured parking translates into higher lease rates, which at some point become unsupportable in the market. Ken Horn, project architect, added that additional surface parking also would require larger storm ponds and infiltration areas, while the site area available for such measures is reduced, leading to even more tree removal and less green space. Planner Dudziak responded to a question about the condition of approval for building signage. Member Chavez stated that should two major tenants occupy the building, the option exists for the developer to seek an amendment for additional signage in the future. Member Keeley moved, Member Zoberi seconded, a motion to recommend approval of a Rezoning of approximately 18 acres from Agriculture (A), Business Park (BP) and Single Family (R-1) to Planned Development (PD) for properties located north and south of Blue Gentian Circle in the NW 1/4 of Section 2. Member Chavez summarized his support for the parking differential for the following reasons: the benefits of theparking formula illustrated by the applicant, the green space and permeable surface and the negative impact to the site by meeting the City Code parking standard. A vote was taken. All voted in favor. Motion carried: 7-0. Member Keeley moved, Member Heaney seconded, a motion to recommend approval of a Preliminary Planned Development to create a two-story and five-story office building with underground and structured parking upon approximately 18 acres located north and south of Blue Gentian Circle in the NW 1/4 of Section 2, subject to the following conditions: 1. The developer shall execute a Preliminary Planned Development Agreement which includes the following plans: 7~ APC Minutes January 22, 2008 Page 7of12 • Preliminary Site Plan • Preliminary Building Elevations • Preliminary Site Lighting Plan • Preliminary Landscaping Plan • Preliminary Tree Preservation and Mitigation Plan • Preliminary Signage Plan 2. A Final Planned Development Agreement shall be executed for each phase of the development. The following plans are necessary for the Final Planned Development Agreement: • Final Site Plan • Final Building Elevations • Final Site Lighting Plan • Final Landscaping Plan • Final Tree Preservation and Mitigation Plan • Final Signage Plan 3. This Planned Development approves a two-story and five-story building to be constructed in two phases. The two-story portion of the building is 29'6" in height and the five-story portion is 73 feet in height. 4. The developer shall have received approval from the EDA for the acquisition of four properties that are part of this development, which approval requires a separate public hearing and the execution and approval by the EDA of a purchase agreement, in a form acceptable to the city attorney. 5. The property shall be replatted and the plat recorded prior to issuance of any building permits. 6. The developer shall be responsible for verifying with the proper agencies (i.e. Metropolitan Airports Commission, Federal Aviation Association, etc.) that the building height complies with air traffic corridor regulations. 7. Minimum building setbacks shall be as shown on the approved Site Plan. 8. This development shall provide a minimum of 53% green space. 9. All trash storage shall be within the principal building. 10. All mechanical equipment shall be housed inside the building. 11. The on-site infiltration basin shall be designed and constructed to infiltrate the first V2 inch of storm water runoff from all impervious areas within the development. 12. All existing water and sewer lines not utilized with this development shall be abandoned in accordance with City standards. 13. All existing well and septic systems on the site shall be abandoned in accordance with Dakota County and City standards as part of this development. 14. Because the developer desires access to Blue Gentian Road, it shall negotiate an appropriate contribution for the previous costs associated with the construction of the road, prior to building permit issuance. 15. The developer shall enter into an agreement with the City providing for the private maintenance of the development's service drive within public Blue Gentian Road/ Circle right-of-way. /S APC Minutes January 22, 2008 Page 8 of 12 16. The development shall be responsible for obtaining all necessary permits from regulatory agencies prior to final plat approval. 17. This development shall accept the City's determination of responsibility and costs of $4,000.00 (2008 rate) per net developable acre for AUAR Mitigative Traffic Improvements as identified in the Final AUAR document approved by the City Council on October 20, 1998, and updated in September 2003. The financial obligation shall be placed in an escrow account with the City to be used solely for financing the AUAR improvements and any unused amount will be returned to the payers upon full development of the AUAR properties. 18. The applicant shall be required to fulfill tree mitigation requirements through the installation of at least one-hundred seventy-seven (177) Category A trees. 19. The applicant shall protect the 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. 20. 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. 21. If trees are permitted to be placed within the right-of-way, the developer shall enter into a maintenance agreement with the City for the private maintenance of landscaping within public Blue Gentian Road/ Circle right-of-way. 22. The developer shall provide more information on the Final Landscape Plan demonstrating that the soils will be prepared suitably to support the Swamp White Oak species, or substitute another shade tree species that is better suited to the parking lot islands. 23. The Final Landscape Plan shall show all landscaping including any shrubs and perennial plantings. 24. The Final Landscape and Final Mitigation Plans also shall show planting details and specifications. 25. The balance of trees above the amount required to satisfy mitigation shall be redesignated on the Final Landscape and Mitigation Plans as landscape trees. 26. All landscaped areas shall be irrigated. 27. This development shall satisfy Policies 3.1 and 3.3 of the Water Quality and Wetland Management Plan by constructing an infiltration area between two constructed storm basins. 28. This development is not subject to any requirements of Section 11.67 of Eagan City Code. 29. This development shall be subject to a cash parks dedication and a cash trails dedication. Said dedications shall be paid at such time as building plans are submitted and approved. The dedications calculation shall be made at the prevailing rate for a Commercial/Industrial development. This condition is to be included in the pending Development Agreement. /tc APC Minutes January 22, 2008 Page 9 of 12 30. The EIFS material on the west elevation of Phase 1 is considered temporary and shall be removed with the Phase 2 addition. If Phase 2 is not constructed within seven (7) years, then the EIFS material on Phase 1 shall be replaced with a Class I materials matching the rest of the Phase 1 building. 31. Up to two free-standing monument signs, one at each of the two main driveways from Blue Gentian Road, shall be permitted. The monument signs shall be located within the boundaries of the development. The monument signs shall be subject to all other City Sign Code standards regarding setbacks, size, etc. 32. Building signage shall be limited to a total of two signs, not exceeding 2.5% of the facade on which it/they are located. In addition to these business signs, building mounted address numbers shall be permitted on up to two elevations. 33. A total of 415 parking stalls shall be provided, including up to 64 stalls in proof of parking, with construction of Phase 1. With Phase 2, a total of 1,192 parking stalls shall be provided. 34. Parking stall dimensions shall be not less than 9' x 18', with two-way drive aisles not less than 24' wide. 35. Site Lighting shall be consistent throughout the development. All fixtures shall be downcast and shielded to prevent glare. Pole-mounted fixtures shall not exceed 28 feet in height. Additional lighting shall be provided off the west end of Phase 2 to illuminate the underground parking entrance, turnaround and driveway to Blue Gentian Road. A vote was taken. All voted in favor. Motion carried: 7-0. ~~Wj24 ~pst> qr sj zot pas McGoush Et- t2~to PSE2• / BLUE GENTIAN / OFFICE PROJECT Fwwrb'w 44 ~Py eq?'. ------------1 10 Ijot 3 / 39 ? eAwP0 DEEP ~ / 47 (~B > • , + ~ " / REVISION HISTORY - THIS SHEET .39 te) t1 3 ~ a i2 a J - O \ 0 251 \ 389 itel 221 t 1291 1 Np'C AN F ~1 ti4 -1 LL,~, Compliant Parking Plan M0. 1826-020-00 MAK - - - - AS SHOWN quo, DECEMBER 19, 2007 0 plMl PREL[M1NARY DEVELOPMENT PLAN C400 RECEIVED JAN 52003 PLANNING REPORT CITY OF EAGAN REPORT DATE: January 17, 2008 CASE: 02-RZ-06-12-07; 02-PD-03-12-07 APPLICANT: MG Eagan, LLC HEARING DATE: January 22, 2008 PROPERTY OWNER: MG Eagan, LLC APPLICATION DATE: Jan. 4, 2008 City of Eagan REQUEST: Rezoning & Preliminary PREPARED BY: Pamela Dudziak Planned Development LOCATION: North and South of Blue Gentian Circle (NW 1/4 Sec. 2) COMPREHENSIVE PLAN: SA, Special Area ZONING: BP, Business Park; A, Agriculture; R-1, Single-family SUMMARY OF REQUEST MG Eagan LLC is requesting approval of a Rezoning from (BP) Business Park, (A) Agriculture and (R-1) Single-family to (PD) Planned Development, and a Preliminary Planned Development to create a two-story and five-story office building with underground and structured parking upon approximately 18.08 acres located north and south of Blue Gentian Circle in the NW 1/4 of Section 2. The applicant has simultaneously applied for Final Plat approval to plat the existing multiple parcels into one lot. In conjunction with the replatting, the existing Blue Gentian Circle right-of- way will be vacated through the development site. 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 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. C? Planning Report - Blue Gentian Corporate Center January 22, 2008 Page 2 Planned Development: City Code Chapter 11.60, Subd. 18, A., states the intent of the Planned Development zoning district as follows: 1. Providing greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. 2. Recognizing the economic and cultural advantages that will accrue to the residents of a planned community. 3. Encouraging a more creative and efficient approach to the use of the land. 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. BACKGROUND/HISTORY The area in question is located within a Tax Increment Financing (TIF) Redevelopment District and designed to remove blighted structures and land uses that are inconsistent with Business Park zoning standards. Over the past several years, the applicant and the City have both acquired portions of the subject site. The City is taking steps to consider the transfer/sale of the City- owned properties to the developer. The developer should receive approval from the EDA for the acquisition of four properties that are part of this development, which approval requires a separate public hearing and the execution and approval by the EDA of a purchase agreement, in a form acceptable to the city attorney. EXISTING CONDITIONS The property consists of several parcels, some of which are vacant, and some of which contain single-family homes. Some structures have been or are currently being removed to make way for the proposed development. Three different zoning districts are currently applied to various parcels - (BP) Business Park, (A) Agriculture and (R-1) Single-family. The property is wooded with large variations in topography. A public street, Blue Gentian Circle, extends east-west through the site and terminates in a cul-de-sac at the east end. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Planning Report - Blue Gentian Corporate Center January 22, 2008 Page 3 Existing Use Zoning Land Use Designation North I-494/I-35E -Right-of-way Right-of-way South Office BP, Business Park SA, Special Area East Office BP, Business Park SA, Special Area West .Hwy. 55/I-35E Right-of-way Right-of-way EVALUATION OF REQUEST Description of Proposal - The applicant is proposing to rezone all of the parcels from (BP) Business Park, (A) Agriculture and (R-1) Single-Family Residential to (PD) Planned Development. Through the Planned Development, flexibility in typical zoning standards can be accommodated to encourage creative site design, efficient use of the land, and preservation and enhancement of desirable site characteristics and natural features. A final plat application has been submitted to replat the multiple parcels into a single lot. In replatting the property, Blue Gentian Circle is proposed to be vacated. The proposed Preliminary Planned Development consists of an office building including underground and structured parking. The development is proposed to be constructed in two phases. Phase 1 consists of the easterly two-story portion of the building and a surface parking lot. Phase 2 is the westerly five-story portion of the building and the structured parking. The two portions of the building will be connected; the five-story portion of the building includes underground parking in addition to the surface lot and parking structure. The developer's narrative also states they are seeking LEED-CS (Core and Shell) Certification for the building under the U.S. Green Building Council Leadership in Energy and Environmental Design program. Compatibility with Surrounding Area - The site is located adjacent to I-35E and 1-494 to the north and Hwy. 55 to the west. Thus, the site has high visibility from three major roadways. Adjacent to the site are the Spectrum Commerce Center and Grand Oak Business Park to the south and east. The proposed office development is compatible with these existing uses. The Comprehensive Guide Plan states that Business Park developments should be located along arterial and collector roads due to the substantial generation of employee traffic and moderate truck traffic generated. Also, while many BP developments exist in large buildings which are most suitable to sites with few development constraints, specialty office and service buildings (e.g. corporate headquarters) may utilize unique site specific designs that can be well integrated into the sites with more rugged terrain or significant natural features. This proposal appears to be consistent with the City's long-range Comprehensive Guide Plan. Among the policies specified for Special Area 2 within the City's Comprehensive Guide Plan are the following: Planning Report - Blue Gentian Corporate Center January 22, 2008 Page 4 o This area is a major entrance to the City. o The City will take full advantage of opportunities to present an attractive City image (via development quality, erection of City identification signage, etc.). o The City will support rezoning to Business Park or compatible zoning districts in areas of sufficient size to provide a cohesive development. o To the extent possible, new development shall respond and strive to retain the natural features of the area including wetlands and mature vegetation. o New development shall incorporate sound attenuating construction techniques as suggested by Metropolitan Council. Airport Noise Considerations - The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter of its Metropolitan Development Plan that anticipates the impacts from the continued operation of the airport at its current location. The Metropolitan Council has adopted land use compatibility guidelines which incorporate the 2007 Noise Policy Contours. Under these guidelines office is considered a compatible use within Noise Zone 4. Densit - The proposed office building provides 261,000 square feet upon 18.08 acres, a floor area ratio of 0.33. Proposed building coverage is 9.74%, excluding the parking structure. Platting/Lots - The applicant has applied for Final Plat approval to consolidate the multiple existing parcels into one lot, 18.08 acres in area. This replatting includes vacating the Blue Gentian Circle right-of-way. Required drainage and utility easements will be dedicated with the new plat. Site Plan - The proposed building is situated on the northern portion of the site, overlooking 1-494 and I-35E. Access to the development will be provided from Blue Gentian Road. A private drive is proposed through the site, accessing Blue Gentian Road in two places. A loop is also provided in front of the building allowing vehicles to turn around. Visitor and accessible parking is provided along the drive in front of the building. Bulk Standards - While the City Code does not specify bulk standards for the PD zoning district, the BP standards are applicable for comparative purposes. The BP zoning district requires the following. Building Setbacks - Minimum building setbacks in the BP district are: Front yard = 40 feet from local streets 50 feet from state highways and interstate freeways Side yard = 20 feet Rear yard = 20 feet 0-1 Planning Report - Blue Gentian Corporate Center January 22, 2008 Page 5 Parking Setbacks - Minimum setbacks for parking are 20 feet from a public right-of-way, and 5 feet from side and rear lot lines. However, structured parking must meet minimum structure setbacks (see above). The proposed surface parking lots and parking structure satisfy these setback requirements. Building Coverage - Maximum allowed building coverage in the BP zoning district is 40%. The proposed building coverage area is 9.74%, excluding the parking structure. Without the parking structure, the building would need less square footage, but not necessarily a smaller footprint. When the parking structure is factored in, building coverage is approximately 20%. Green Space - This development proposes 53.6% green space, which exceeds the BP zoning district minimum of 25%. Building Height - The BP zoning district allows a maximum structure height of 45 feet. Building height is measured to the highest point of a flat roof. The first phase two-story portion of the building 29 feet 6 inches in height. The second phase five-story portion of the building will exceed the 45-foot maximum allowed building height. The City Code allows building heights up to 80 feet subject to air traffic corridor regulations and a one-foot increase in setback for each additional foot of building height over the maximum allowed up to a maximum setback of 60 feet on the front and 40 feet on the side and rear yards. The proposed five-story portion of the building is 73 feet in height. This portion of the building is set back at least 140 feet from all property lines, which satisfies the required additional setbacks. The developer is responsible for verifying with the proper agencies (i.e. Metropolitan Airports Commission, Federal Aviation Association, etc.) that the building height complies with air traffic corridor regulations. Trash Storage- For Phase 1, the floor plans show a trash storage area at the east end of the building. No such indoor trash storage is shown for the Phase 2 portion of the building. Mechanical Equipment - All mechanical equipment shall be screened in accordance with the provisions of the City's zoning code. The applicant's narrative indicates compliance. The narrative states "The building's architectural appeal is further enhanced by the elimination of all rooftop mechanical equipment. All mechanical equipment is designed to be housed inside of each phase of the building. This gives the buildings exterior design a very clean and uncluttered image." Grading/ Topography - The site has large variations in topography with the property sloping down north and south from the existing Blue Gentian Circle roadway, with elevations ranging from approximately 910 down to 860. ~3 Planning Report - Blue Gentian Corporate Center January 22, 2008 Page 6 Storm Drainage - A majority of the storm water runoff from this development will drain to storm water basin/ infiltration area to be constructed along Blue Gentian Road to the south. The infiltration basin should be designed and constructed to infiltrate the first %2 inch of storm water runoff from all impervious areas within the development. Utilities - The preliminary utility plan is acceptable. Sanitary sewer and water main of sufficient size, depth and capacity are available from Blue Gentian Road to the south for connection by this development. All existing water and sewer lines not utilized with this development should be abandoned in accordance with City standards. All existing well and septic systems on the site should be abandoned in accordance with Dakota County and City standards as part of this development. Streets/Access/Circulation - Public street access is proposed from Blue Gentian Road, a collector roadway along the south edge of the site. With the construction of Blue Gentian Road in 2001 (City Project 809), a special assessment to benefiting properties along the north side of Blue Gentian Road was not levied because of the transitional nature of the properties' land use at that time. When Blue Gentian was constructed, a one foot wide access restriction was placed adjacent to the development. Because the developer desires access to Blue Gentian Road, it should negotiate an appropriate contribution for the previous costs associated with the construction of the road, prior to building permit issuance. Easements/ Permits/ Right-of-Way - The development should be responsible for obtaining permits from applicable regulatory agencies, prior to building permit approval. Existing Blue Gentian Circle right-of-way within the proposed plat is proposed to be vacated by the City. A portion of the Blue Gentian Road/ Circle public right-of-way will remain east of the development, with the development's private drive within this right-of-way. The developer should enter into an agreement with the City providing for the private maintenance of this drive within public right-of-way. Financial Obligation - At this time, there are no pending assessments on the parcel proposed for platting. 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 connection to the City's utility and street systems. The final charges will be computed using the rates in effect at time of connection. The estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final subdivision or plat, with due allowances for easements and right-of-way required with the plat: Planning Report - Blue Gentian Corporate Center January 22, 2008 Page 7 Improvement Use Rate Quantity Amount Sanitary Sewer Trunk C/I $2,370/ ac 2.51 acres $5,949 Water Trunk C/I $2,500/ ac 23.0 acres $57,500 Water Supply/ Storage C/I $3,930/ ac 23.0 acres $90,390 Sanitary Sewer Lateral C/I $28.30/ f.f. 1,000 f.f. $28,300 Storm Sewer Lateral C/I $37.00/ f.f. 1,000 f.f. $37,000 Storm Sewer Trunk C/I $0.163/ s.f. 1,001,880 s.f. $163,306 Total $382,445 The City Council approved an Alternative Urban Area wide Review (AUAR) environmental study (City Project No. 736) in October, 1998. This study, also updated in September 2003, evaluated the various transportation related impacts and the associated improvements necessary during a twenty-year period due to the development of properties bordered by 1-494, Highway 55 and Highway 149. The AUAR identifies estimated costs for the needed mitigative improvements based on the potential land uses in the area. With the adjacent Grand Oak development in the vicinity, the City Council approved a condition obligating developer to contribute financially to fund these future improvements, based on the projected increase of traffic generated from that development. This proposed development is generally consistent with the potential uses and potential traffic generation identified in the latest version of the AUAR. This development should accept the City's determination of responsibility and costs of $4,000.00 (2008 rate) per net developable acre for AUAR Mitigative Traffic Improvements as identified in the Final AUAR document approved by the City Council on October 20, 1998, and updated in September 2003. The financial obligation should be placed in an escrow account with the City to be used solely for financing the AUAR improvements and any unused amount will be returned to the payers upon full development of the AUAR properties Water Quality - The proposed water quality management plans appear satisfactory. This proposed new development is located in extreme north-central Eagan, which is not in a drainage district of any priority lake. Because the development is proposed to have ultimately 8.4 acres of impervious surface, 6.3 additional acres than what currently exists, it would be subject to the following two requirements, according to the City's 2007 Water Quality and Wetland Management Plan: POLICY 3.1 - Achieve no-net increase of Total Phosphorus (TP) and Total Suspended Solids (TSS) loading or meet removal performance criteria of 50 percent TP and 80 percent TSS, whichever is more restrictive. POLICY 3.3 - Infiltrate first one-half inch of stormwater runoff from any rainfall event from the entire site. To meet these requirements, the developer proposes to construct an infiltration area between two constructed storm basins. The infiltration area is designed to hold temporarily V2-inch of runoff from the 8.4-acre finished imperviousness of the site. The storm basins are designed to retain a Planning Report - Blue Gentian Corporate Center January 22, 2008 Page 8 2.5-inch runoff event (10-year design storm) from the 13.5 acres of drainage area to them. Storm basin 1 would hold 0.9 acre-feet; storm basin 2 would hold 0.6 acre-feet. Eagan Water Resources staff has reviewed this proposal and finds it satisfactorily meets current City water quality requirements. Wetlands - The north edge of development site includes a portion of an unclassified wetland that is located alongside Interstate 494. According to City's Wetland Protection and Management Regulations 11.67, Subd. 4. B.): "Any unclassified wetland shall be assigned a management classification and incorporated onto the City maps during the City's review and approval process of proposals having Wetland Alteration Activities It is the responsibility of an applicant to have an existing wetland delineated by a Certified Wetland Delineator utilizing approved methods as stated in the WCA (Staff note: Minnesota Wetland Conservation Act) and to assess the wetland(s) utilizing the MNRAM (Version 3.0 or later version)." Because no Wetland Alteration Activities are proposed - grading activities would occur no closer than approximately 100 feet from the wetland area - the developer is not required to delineate or assess the wetland for ultimate classification by the City. This development is therefore not subject to any requirements of Section 11.67 of Eagan City Code. Tree Preservation - The submitted Tree Preservation Plan appears satisfactory. A tree inventory submitted with this application indicates that there are three-hundred sixty (360) significant trees and 174,975 square feet (4.02 acres) of significant woodlands existing at this site. The individual tree resource is comprised of a large variety of hardwood and softwood deciduous trees (the majority being oak, locust, elm, ash, maple, basswood, and cottonwood trees), as well as some conifer trees (pine, spruce, and cedar). Tree diameters range from 6 inches to 35 inches, averaging about 15 inches diameter. The significant woodlands on this site are comprised of a mixture of hardwood and softwood deciduous trees such as oak, birch, elm, boxelder, and cottonwood trees, along with scattered areas of conifer trees. According to the Tree Preservation Plan submitted, significant tree/woodland removal will occur over the entire site during initial site development and will result in the removal of two-hundred eighty-five (285) significant trees (79% of the total), and in the removal of 39,016 square feet of the significant woodlands, (22% of the total). According to the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal (single-phase, single-lot, commercial) is set at 30.0% of the total significant trees and significant woodlands. To calculate the overall required tree mitigation, the removal percentages are "blended" together, basically resulting in a small credit for preserving a high percentage of significant woodland area. In an effort to promote a positive, environmentally sound design approach to construction near wooded areas, staff has utilized this method on prior development applications with good results. Required tree mitigation calculates to one-hundred seventy-seven (177) Category A trees. Planning Report - Blue Gentian Corporate Center January 22, 2008 Page 9 The applicant has submitted a Tree Mitigation Plan that meets and exceeds the required tree mitigation. The Mitigation Plan submitted shows that all mitigation trees are to be installed on this site. Specifically, most of the mitigation efforts will be concentrated in a mass, "naturalistic type" large planting that will eventually emulate a wooded environment along the south area of the site, just north of Blue Gentian Road. Tree species to be installed in this planting include oak (bi-color and bur), tamarack, red cedar, river birch, hawthorn, and basswood. Most of the trees will be larger 4" diameter trees. Landscaping - City Zoning Ordinance requires a landscape plan for new construction of all commercial and industrial buildings. Landscaping is required to provide shade and break up expanses of hard-surface area, screen parking, loading and service areas, control erosion, and provide visual interest. The proposed landscape plan appears acceptable with some modifications. A tree-lined drive from the east access and extending across the front of the building between the building and parking lots is proposed. Shade trees are proposed within the parking lot (Swamp White Oak and Thornless Hawhtorne), and evergreen trees (Red Cedar and Techny White Cedar) are proposed to screen the service area at the east end of the Phase 1 building. Staff questions the use of Swamp White Oak in the landscape islands. The developer should provide more information on the Final Landscape Plan demonstrating that the soils will be suitably prepared to support this species, or substitute another shade tree species that is better suited to location within the islands. The landscape plan shows preservation of the existing natural wooded area along the north boundary of the site to a depth of 50 feet or more. The easterly end of the tree-lined drive shows trees planted within the right-of-way. Should the City permit the trees to be placed within the right-of-way, a maintenance agreement should be executed between the City and developer requiring the developer to maintain this landscaping. The preserved area north of the building satisfies the requirement to provide a visual screen along the interstate freeway system where the visual penetration of the motorist extends beyond the right-of-way boundary. The proposed landscape plan shows trees and ground cover, however, foundation plantings, shrub beds and perennial beds are not identified. Typically, shrubs and/or perennial plantings would be located at the base of free-standing signs, along pedestrian walkways and near the building entrances. It is unclear whether such plantings are not anticipated, or represent a greater level of detail than the Preliminary Landscape Plan provides. The Final Landscape Plan should show all landscaping including any shrubs and perennial plantings. The Final Landscape and Mitigation Plans also should show the planting details and specifications. A significant number of trees is proposed on the slope between Blue Gentian Road and the parking area, and is designated for mitigation purposes (163 Category A trees, plus 63 Category B trees). The amount of planting shown in that area exceeds the mitigation requirement (177 Category A trees). The balance of trees above that required to satisfy mitigation should be redesignated on the plans as landscape trees. Given the distance and slope between the parking Planning Report - Blue Gentian Corporate Center January 22, 2008 Page 10 area and Blue Gentian Road, the proposed plantings will provide a buffer between the parking and public right-of-way. All landscaped areas are required and proposed to be irrigated. The plans indicate that the developer is planning to install a cistern to capture roof runoff that will be used for on-site irrigation. This will reduce the need to treat runoff in the storm water basins, and for use of municipal water for irrigation of the landscaping. Parks and Recreation - This development is subject to cash parks and trails dedications, payable at the time of building permit at the rates then in effect. The 2008 rate for parks is $869 per 1,000 square feet of building and for trails, $1,251 per net acre. Building Architecture - The building is comprised in two sections, the two-story Phase 1 building, and the five-story Phase 2 addition. The two portions of the building are connected with a two-story lobby which will be constructed with Phase 1. According to the submitted narrative, the "two-story transparent lobby anchors the west end of the [Phase 1] building and provides views to the north landscape from the entry." The building is designed primarily of custom precast concrete, glass, and architectural metal panels, and accented by hardwood and granite. The east end of the Phase 1 building is proposed to be finished with metal panels and glass. The west end of Phase 1 is proposed to be EIFS in anticipation of Phase 2 which will extend from the west end of the Phase 1 building. The narrative describes the architectural features thusly: "The custom color of the architectural concrete gives the appearance of a gray stone. A custom texture is inspired by the patterning of laid stone and modulates the building horizontally. A beautiful natural hardwood used as an accent along the window mullions at the base of the building along with polished granite at the entrances provide further detailed articulation of the exterior. The building is capped by a strong canopy projecting six feet from the face of the glass and providing both shade and depth to the facade. The canopy is finished in an architectural metal system." "Phase II of the building will continue the same architectural scheme but will be embodied in a five story tower component. The west end of the tower will be modified on the fifth level by shortening the last floor to provide a dramatic roof top garden/patio that will have spectacular views in all directions." Exterior Building Materials - The zoning ordinance requires newly constructed buildings in the BP zoning district to meet the following exterior finish materials standards. The building must utilize at least three Class I materials (brick, glass, natural stone, copper panels) comprising at least 65% of the building. Up to 35% of the building may be Class II or Class III materials (e.g. specialty block, stucco, EIFS, precast concrete). Planning Report - Blue Gentian Corporate Center January 22, 2008 Page 11 The applicant's narrative asserts that overall the buildings are composed of 69% Class I materials which include glass, architectural metal panels, and granite. The proposed architectural precast concrete is a Class III material, and comprises 30% of the building's exterior. Architectural metal panels are not specifically listed in the ordinance as a Class I material, however, the ordinance does allow for "other comparable or superior materials" to be included as Class I. Attached as an exhibit is an e-mail from the architect providing additional information in support of this interpretation. The determination of whether the proposed architectural metal panels are acceptable as a Class I material is a matter to be determined by the City Council. The use of EIFS (a Class III material) on the west end of the building is considered temporary until the Phase 2 addition is constructed. If Phase 2 is not constructed within seven (7) years, then the EIFS material on Phase 1 should be replaced with a Class I material matching the rest of the Phase 1 building. Parking Structure - The accessory structures ordinance requires that accessory structures "exhibit finish materials similar and compatible to those utilized on the principal building and match the principal building in color." Accessory structures must also "conform to the principal building setback requirements." The parking structure appears to meet these standards. The parking structure is proposed to be made of precast to match the precast used on the principal building. The parking structure has portions of both ribbed and smooth precast in a color to match the building; the precast on the building is entirely a ribbed texture. The parking structure is set back a minimum of 50 feet from the west and south lot lines abutting public rights-of-way. Si a e - The applicant did not submit a signage plan with this proposal. Signage is typically either mounted on the building, or free-standing. This report discusses each type of signage relative to the Business Park zoning district standards. Free-standing Signage - BP zoning allows one free-standing ground sign up to 7' in height for the building. For freeway locations, one pylon sign (>7' in height) is permitted in addition to a ground sign. And for major complexes, up to one freestanding or pylon sign maybe allowed for each major adjacent street. A monument sign appears on the proposed Site Plan at the east access to Blue Gentian Road. This sign is shown outside of the subject site and within public right-of-way. Off-premise signs are not permitted, nor are signs permitted within the right-of-way. The monument sign should be relocated to within the boundaries of the development site, subject to setback requirements of the City Code. At the intersection of I-35E and 1-494, and adjacent to TH-55, this site has three major street frontages, and three access drives are proposed from Blue Gentian Road. Given the >18-acre size of the development, and the more than 1,300-foot distance between the two primary access drives, it may be reasonable to consider allowing two free-standing ground signs for this building, one at each of the main entrances from Blue Gentian Road. The ground signs should be subject to all other City Code standards regarding setbacks, size, etc. 29 Planning Report - Blue Gentian Corporate Center January 22, 2008 Page 12 Building Signage - For buildings occupied by more than one tenant, the ordinance permits up to two signs on one elevation for each tenant, subject to a maximum area of 10% of the building facade. If the building were occupied by multiple tenants, this could result in a cluttered appearance. Therefore staff recommends that building signage be limited to two signs total, not exceeding 2.5% of the facade on which it/they are located. Such signs may identify either the building name (e.g. Blue Gentian Corporate Center), or a major tenant. Building mounted address numbers should be permitted on up to two elevations in addition to this business signage. Parking (Number of Stalls) -The developer's method of calculating required parking differs from the City Zoning Ordinance. While both use a ratio of one parking stall for each 150 s.f., the "net leaseable area" to which it applies differs. The zoning ordinance defines net floor area as the total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, and interior vehicular parking or loading, or 80 percent of the gross floor area of a building, whichever is greater. The developer's proposal breaks out the mechanical (heating, ventilation, and other equipment), and vertical penetration areas (e.g. elevator shafts, staircases) to arrive at a rentable square footage area. Then the 80% is applied to get the net leaseable area. The applicant's narrative explains that the additional 20% reduction in floor space beyond the mechanical and vertical exclusions accounts for other "common areas within the building and the individual tenant spaces which are used in common and therefore do not require parking spaces." Consequently, the developer's calculations result in a lower net leaseable building area than the ordinance definition, which correspondingly translates into a smaller number of required parking stalls. The developer believes their calculations are reflective of the actual uesable and leaseable area and "enable a full utilization of this site with more than ample parking." The difference in calculations as compared to the amount of parking provided is summarized below. In Phase 1, the numbers are relatively close, but with Phase 2 the disparity increases. This is a deviation from the City ordinance requirements and the acceptability of this deviation in the proposed parking counts is a policy matter to be determined by City officials. Phase 1 Parking Provided Developer's Calc's Ordinance Calc's 82,000 gsf 82,000 gsf -6,300 sf mech/stair/elevator x 80% 75,700 sf rentable 65,500 nsf/150 = 351 stalls x 80% + 64 proof 60,650/150 = 415 stalls 403 stalls req'd 437 stalls req'd Difference + 12 stalls - 22 stalls Planning Report - Blue Gentian Corporate Center January 22, 2008 Page 13 Phase 2 Parking Provided Developer's Calc's Ordinance Calc's 179,000 gsf 179,000 gsf -31,300 sf mech/stair/elevator -16 16,000 (u/g parking) 147,700 sf rentable 163,000 sf x 80% x 80% 334 surface 118,160/150 = 130,400/150 = 815 structured 788 stalls req'd 869 stalls req'd + 39 other + 403 (Phase 1) + 437 (Phase 1) 1,192 stalls 1,190 stalls req'd 1,306 stalls req'd Difference + 2 stalls - 114 stalls Parking (Stall Dimensions) - City Code requires parking stall dimensions of 10' wide by 19' deep. Driving aisles should have a minimum width of 24' for a two-way aisle. City Code does not specify parking stall dimensions for underground or structured parking. The surface parking stalls are proposed to be 9' x 18'; drive aisles are proposed to be 24' wide. Structured parking stalls are 9' wide, and vary from -16' (against a pillar) to 18' in depth. Driving aisles for both surface and structured parking are 24' wide. The parking stalls along the loop near the building are 20' deep, 9' for regular stalls, wider for accessible stalls. The proposed 9' x 18' parking stall size is a deviation from ordinance standards. The applicant's narrative states "we believe that by reducing the stall sizes to 9' x 18' . . . we can accommodate the parking necessary to construct 1,192 stalls" (including the Phase 2 underground parking). The narrative further states "the 9' x 18' configuration is utilized by many municipalities in the Twin City area (including Burnsville, Bloomington and Maple Grove), and performs very well in a 100% office environment." The City has approved parking stall widths as narrow as 9 feet in other developments where parking turnover and activity is limited. A reduced parking stall depth has been found to be acceptable only for single-loaded stalls, which allow vehicle bumpers to overhang the curb, thereby reducing the depth needed to accommodate vehicles without overhang into the driving aisles. Double-loaded stalls are bumper to bumper, with no overhang. Requiring stalls to meet the minimum stall dimensions specified in the City ordinance would result in a larger parking lot to accommodate the same number of stalls, and could negatively impact site disturbance, tree removal and impervious surface area. The applicant's narrative states "The site has very challenging topography with a significant slope on both the north and south sides of the project. In order to keep off the building off the north slope, thereby preserving a significant wooded area of the site, the buildings position leaves a very challenging condition on the south side to accommodate the buildings parking." The deviation in parking stall dimensions can be approved as part of a Planned Development, however, the acceptability of the reduced parking stall size is a policy matter to be determined by City officials. qI Planning Report - Blue Gentian Corporate Center January 22, 2008 Page 14 Site Lighting - Site lighting is required for site security, safety and traffic circulation. Minimum light levels of 0.5 foot-candles should be provided in all parking lot areas. Light levels should not exceed 1 footcandle at the property line. In addition, site lighting should comply with the Illuminating Engineering Society of North America (2003) manual which suggests an average-to- minimum uniformity ratio not greater than 4:1. Lighting fixtures should be consistent throughout the development. All fixtures should be downcast and shielded to prevent glare. The submitted photometric lighting plan appears to satisfy the above standards. Pole-mounted parking lot lights are proposed to be 400 watt metal halide fixtures mounted 28' in height (25' pole on a 3' base). The photometric lighting plans for both Phase 1 and Phase 2 show compliance with the 0.5 footcandle minimum within the parking areas, and the 4:1 average:minimum ratio. Light levels are 0.0-0.3 at the property boundaries with the exception of the drive intersections with Blue Gentian Road. Minimum light levels within the parking structure vary among the three levels. The minimums range from 1.0-1.7 footcandles, and the average to minimum ratios range from of 1.8:1 to 4.1:1. The upper level of the parking structure is exposed, and will have 25' tall pole-mounted lights. The two lower levels will have ceiling mounted light fixtures. Sidewalk lighting outside the lobby is provided by free standing bollards, and wall-mounted lights are shown on the east end of the building to illuminate the service area. Additional lighting should be provided off the west end of Phase 2 to illuminate the underground parking entrance, turnaround, and driveway to Blue Gentian Road. SUMMARY/CONCLUSION. The applicant is requesting approval of a Preliminary Planned Development to create an office development upon approximately 18.08 acres located north of Blue Gentian Road and south of I- 494. The development site contains several existing single-family homes and an existing public street (Blue Gentian Circle), wooded areas. The development proposal includes replatting the property into a single lot, and vacating the existing Blue Gentian Circle right-of-way. The building is proposed to be constructed in two phases. Phase 1 consists of the easterly two-story section of the building with a surface parking lot. Phase 2 is the westerly five-story addition and includes underground parking and structured parking. Through the Planned Development, flexibility in typical zoning standards can be accommodated to encourage creative site design, efficient use of the land, and preservation and enhancement of desirable site characteristics and natural features. Building coverage, setbacks, building height, green space, site lighting, tree preservation and mitigation, water quality and civil engineering standards are satisfactory. In addition, the developer is proposing techniques such as a stormwater infiltration strip and an irrigation cistern to better manage stormwater. The developer also is applying for LEED certification, which speaks to the developer's commitment for an environmentally sensitive and energy efficient design. 9~, Planning Report - Blue Gentian Corporate Center January 22, 2008 Page 15 The Preliminary Planned Development proposes deviations to typical ordinance standards regarding parking stall size and the number of parking stalls. The developer also proposes to utilize architectural metal panels as a Class I materials. Such panels are not otherwise classified in the finish materials ordinance. Metal panels have been used elsewhere in Eagan on the White House Custom Color building (L1 B1, Waters Annex) and on the Delta Dental building (L1 B1 BCBSM East Addition). The acceptability of the parking and architectural deviations is a policy matter to be determined by City officials. ACTION TO BE CONSIDERED To recommend approval of a Rezoning from (BP) Business Park, (A) Agriculture and (R-1) Single-family to (PD) Planned Development upon approximately 18.08 acres located north and south of Blue Gentian Circle in the NW /14 of Section 2. To recommend approval of a Preliminary Planned Development to create a two-story and five- story office building with underground and structured parking upon approximately 18.0.8 acres located north and south of Blue Gentian Circle in the NW 1/4 of Section 2. If approved the following conditions should apply: 1. The developer shall execute a Preliminary Planned Development Agreement which includes the following plans: • Preliminary Site Plan • Preliminary Building Elevations • Preliminary Site Lighting Plan • Preliminary Landscaping Plan • Preliminary Tree Preservation and Mitigation Plan • Preliminary Signage Plan 2. A Final Planned Development Agreement shall be executed for each phase of the development. The following plans are necessary for the Final Planned Development Agreement: • Final Site Plan • Final Building Elevations • Final Site Lighting Plan • Final Landscaping Plan • Final Tree Preservation and Mitigation Plan • Final Signage Plan 3. This Planned Development approves a two-story and five-story building to be constructed in two phases. The two-story portion of the building is 29'6" in height and the five-story portion is 73 feet in height. 00 Planning Report - Blue Gentian Corporate Center January 22, 2008 Page 16 4. The developer shall have received approval from the EDA for the acquisition of four properties that are part of this development, which approval requires a separate public hearing and the execution and approval by the EDA of a purchase agreement, in a form acceptable to the city attorney. Platting 5. The property shall be replatted and the plat recorded prior to issuance of any building permits. Bulk Standards 6. The developer shall be responsible for verifying with the proper agencies (i.e. Metropolitan Airports Commission, Federal Aviation Association, etc.) that the building height complies with air traffic corridor regulations. 7. Minimum building setbacks shall be as shown on the approved Site Plan. 8. This development shall provide a minimum of 53% green space. 9. All trash storage shall be within the principal building. 10. All mechanical equipment shall be housed inside the building. Storm Drainage/Utilities 11. The on-site infiltration basin shall be designed and constructed to infiltrate the first 1/2 inch of storm water runoff from all impervious areas within the development. 12. All existing water and sewer lines not utilized with this development shall be abandoned in accordance with City standards. 13. All existing well and septic systems on the site shall be abandoned in accordance with Dakota County and City standards as part of this development. Streets/Access 14. Because the developer desires access to Blue Gentian Road, it shall negotiate an appropriate contribution for the previous costs associated with the construction of the road, prior to building permit issuance. 15. The developer shall enter into an agreement with the City providing for the private maintenance of the development's service drive within public Blue Gentian Road/ Circle right-of-way. qL Planning Report - Blue Gentian Corporate Center January 22, 2008 Page 17 Permits 16. The development shall be responsible for obtaining all necessary permits from regulatory agencies prior to final plat approval. Financial Obligati 17. This development shall accept the City's determination of responsibility and costs of $4,000.00 (2008 rate) per net developable acre for AUAR Mitigative Traffic Improvements as identified in the Final AUAR document approved by the City Council on October 20, 1998, and updated in September 2003. The financial obligation shall be placed in an escrow account with the City to be used solely for financing the AUAR improvements and any unused amount will be returned to the payers upon full development of the AUAR properties. Tree Preservation/Mitigation 18. The applicant shall be required to fulfill tree mitigation requirements through the installation of at least one-hundred seventy-seven (177) Category A trees. 19. The applicant shall protect the 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. 20. 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. Landscaping 21. If trees are permitted to be placed within the right-of-way, the developer shall enter into a maintenance agreement with the City for the private maintenance of landscaping within public Blue Gentian Road/ Circle right-of-way. 22. The developer shall provide more information on the Final Landscape Plan demonstrating that the soils will be prepared suitably to support the Swamp White Oak species, or substitute another shade tree species that is better suited to the parking lot islands. 23. The Final Landscape Plan shall show all landscaping including any shrubs and perennial plantings. Planning Report - Blue Gentian Corporate Center January 22, 2008 Page 18 24. The Final Landscape and Final Mitigation Plans also shall show planting details and specifications. 25. The balance of trees above the amount required to satisfy mitigation shall be redesignated on the Final Landscape and Mitigation Plans as landscape trees. 26. All landscaped areas shall be irrigated. Water Quality and Wetlands 27. This development shall satisfy Policies 3.1 and 3.3 of the Water Quality and Wetland Management Plan by constructing an infiltration area between two constructed storm basins. 28. This development is not subject to any requirements of Section 11.67 of Eagan City Code. Parks and Recreation 29. This development shall be subject to a cash parks dedication and a cash trails dedication. Said dedications shall be paid at such time as building plans are submitted and approved. The dedications calculation shall be made at the prevailing rate for a Commercial/Industrial development. This condition is to be included in the pending Development Agreement. Building Elevations 30. The EIFS material on the west elevation of Phase 1 is considered temporary and shall be removed with the Phase 2 addition. If Phase 2 is not constructed within seven (7) years, then the EIFS material on Phase 1 shall be replaced with a Class I materials matching the rest of the Phase 1 building. Signage 31. Up to two free-standing monument signs, one at each of the two main driveways from Blue Gentian Road, shall be permitted. The monument signs shall be located within the boundaries of the development. The monument signs shall be subject to all other City Sign Code standards regarding setbacks, size, etc. 32. Building signage shall be limited to a total of two signs, not exceeding 2.5% of the facade on which it/they are located. In addition to these business signs, building mounted address numbers shall be permitted on up to two elevations. Planning Report - Blue Gentian Corporate Center January 22, 2008 Page 19 Parking 33. A total of 415 parking stalls shall be provided, including up to 64 stalls in proof of parking, with construction of Phase 1. With Phase 2, a total of 1,192 parking stalls shall be provided. 34. Parking stall dimensions shall be not less than 9' x 18', with two-way drive aisles not less than 24' wide. Lighting 35. Site Lighting shall be consistent throughout the development. All fixtures shall be downcast and shielded to prevent glare. Pole-mounted fixtures shall not exceed 28 feet in height. Additional lighting shall be provided off the west end of Phase 2 to illuminate the underground parking entrance, turnaround and driveway to Blue Gentian Road. q7 Eagan Boundary Right-of-way Parcel Area L oca ion Map Park Area Building Footprint 09 9~ EMEND TA HEIGHTS EAGAN eu» Y¦R4e aP ae Subject Site 166 C~ . 4~ ee l 11, ° u a~ ~ s s ® To ® - C.SJLH. NO.21 (LONE OAK RD.) 1000 0 1000 2000 Feet Development/Developer. Blue Gentian Corporate Center Application: Rezoning & Prelim. Planned Development Case No.: 02-RZ-06-12-07 & 02-PD-03-12-07 N y ~ THIS MAP IS INTENDED FOR REFERENCE USE ONLY City of Ea p 90 WE J The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are S Community Development Department not responsible for errors or omissions. Curren oning and ompre ensive uI a an Land Use Map Blue Gentian Corporate Center Rezoning & Prelim. Planned Development 02-RZ-06-12-07 & 02-PD-03-12-07 Zoning Map _ d BP Current Zoning: I BP, Business Park BP Subject A BP Area A, Agricultural R`NO BP R-1, Single-family BP BP 1-1 er 1 g 4j k TNNN Np PD 6s BP Goo 0 600 7200 F..t Comprehensive Guide Plan Land Use Map o SI Subject A 7 st, a SA Current Land Use Designation: 4,q = Area SA SS SA Special Area O SA SA IND eT r VN IND YF IND kNWy Np ' e0 eJ BP ' 600 600 720 F..t N Parcel babe map Information providedby Dakota Coonty Land Sarvey Department Decmbar 2005. {/.I'/~ oning Information maintained b,City Stag W E City of Eajl THIS MA IS INTENDED FOR REFERENCE USE ONLY S The City of Eagan and Dakota County do not guarantee the accuracy of this information. • F a i F f~ \ V4 Elk 1 / 1 ' d.' III / 6•, BLUE GENTIAN CORPORATE CEN TER p pe••In•1/1 M4f 1. MYwfy, W,Y•, ~j o.rrr.eallrN.epsf 1~J r .'r . Os r•Iwdc.Niwff~r 1 / cil .z P -~l ` `~Rr\ fan ` e r:' ` N~~N, 1fwA N( 1 \ ~ww _~N~~.I I % S,~ -.l ~x 11 ~I' ` ~~~I 11 w• ~``e \ NORTH a~¦ul°fial i I I~,+4 \ E~ ?''I j j''I 1 i ~j I ¦ ~ Pu fro. IO"-:i. ¦1 •i, ~ ~ i r z eo eo e n les % = P au>. .<!ii ors j~ /~2 I~z +~1~ z { k-! 7f - BC'j \ T1w M~ r,~vw i ~I~ R n { 1}°)+71 s ~y/ ef•,NW 1 ,w•,iebNe9`f11f W. r:~~.. ' _I IE ~V' W + W , ,yfi~ - ` lµ QI W~ I W ill )t 0.W! RIW.i Npl¦-4L PUTT 7~ Id`_ / ; O ~r I W (I I Pefl ooc N. saranr . I:' - I^} - ``t3q •F i f Ix .+.e.~.¦e• f, . JJ ~I f III f 1 arem '_RiL i /~~L ~ I p I i '~e1 L~ eG J' 1 ~~I ~ lye ^i I I it i II ~J / i e I •11 I T fy j I ' 1 ~'`J isErl 11 I il~v*N~' <`f,,I ~/~.see OI OW-_ - I11 j I i 'hC`` 1 !!I l~ °ypS I ( \ ' ' fto\ e/R r.e \ L _j III s. rf~ l- isiJ i F - e'a'o .r...--~ +IE...,. c. i ,mow 1~ I- - - - _ - _ - _ _ - - - - - - - - - - _ ~ ~ ~ _ [ W g I- A I I ' I lI r Q refr+' \ IIOAD I el - i B,~~\;:ES' \ `'p \ 4 _ SATHRE-BERGQUIST, INC. \ \ 4y' SHEET 3 OF 3 SHEETS ~D1f can / -j•-•_ . , ~ 11 1 ~ 1 rn ~ 1 ` ?T I fii its _ t! + I. 1 ` S l r ~\f i \ r X, c: '1 1 t i~ ef'E_. ,I f0 ~ I 1 , - `t`I~ \ _-vr_--.__ i+i 1 ` If E 0 1: ` ! '•I ! .7l'. '~L 1 \ ~ \ I I ii 17J r q i [ -E~7---i_t 3ta p t t / frr' it :m t 1;` \ \ - ; f_.O i ! ! 1 ! 1 l \ ~pi~! rr r t~~/ i - J ` i i! t~ ! E i t I f; t `y"- /:L,,,., r r t 1 t 't I r r ;1 i •kr:iIrl. err i 1 1• i i; , it i 1~ ~ ' it ~ ~ c?`•i-'~3iri%'%" r;''l~:i i- q' I f'l 7 t ,:H~~r Y', t t.1! C' 1;'. a e4 its 1! 1~ j/~Lyj 11 I r t I ! cm~ 11 S Mt I r i p i- i . , it I - M" l=`- ~''I N'? ? 1++1+i! t -~J/°c"? ~p 1{ f f 1, . 'tl' 1 r ":M'L I Y IT. 4 j j 1 'i ? ~pSi F ~ y, :-x-17'-,=vi--- •°t~ ~ `••;lt~i ~~'r ~ j~,ljl ,I:;ri:i ~ 5;~ fYO, f n ! ,t 1 ,!j; , ul•lir %ijr iii i C) 8m J1 / .•.j./ 7~1- \ h,,,\,' i j' •\`;I1f'11',~I;!~ ij_ ,I Tj ------_,i~ t \ t I .1 il $ EXISTING CONDITIONS _ I - \ EXISTING WETLAND ~ i ~ McGoush BLUE GENTIAN OFFICE PROJECT MAN, MN FP~„n,~xs k / ~ Z S~~xA VO1 / W ,xxPx, 4:oc° x. fn A \ \ 1 J Q LLI IA / / , REVISION mi~mRy THIS SHEET 13- <G =a pF ~ pN PARIQNG CALCULATION SUMMARY: 9 pN ,V~ E u•~° r.•~m o o Overall Site Layout _ o.em lxmn)~ _ x m cxmx ~rNaxu7 -y ,xxs, Mxr "°'m YJ . Fl.T00 ~Fnat .1.F.Fm xomaE e. ° / / m0,5E0/Im - IN OILS -110 W/1m - 7 51M15 mrlL xcouwm . i, sruls LOT AREA SUMMARY BUILDMG SUMMARY PAMNG SUMMARY Cwx. xo. 126-020-00 ma,o V. , r,us 1 xur,s aFrcw[ .mn swu AS SHOWN SCNF DECEMBER 18, 2007 ae1 xxo xEaxm , m' o m• 12W RELIMINARY DEVELOPMENT PLAN 1 -P EA 1m ii. OF sc M FEET ug SWE C030 o c~rxolr xuea snax xo Iawuusw, xc. RAL Q /W w,•` R... ` TtPIC B-NOTES BEIIND TE EAfE OE SCA E FEET N. . OA ON McGough HSTALI. ,c NEW GUcoNa1ETE WALKWAYS USING IN A A. Id O[LNES: a. OMIT 1 SPACING 0 F CONTROL ANTS IN w s TO 51 0 BE DGHT fEET. Wi fFNFAALLT TM( wA "OTM' BLUE GENTIAN R. NAKIUW SPACNO a CCNIRTL ANTS IN CwGRET( TRAERC - TO, SE 1E. OFFICE PROJECT -1AA SPALw4G DI 1/2' EKPAHSION EAGAN, NN ANNTS TO BC M FEET. ll ALIN ANTS WITH SAIK WIBERS. HOR0WTAL OEEIECTIONS. BOLDING a' wA1.K . CORNERS. ETC AND USE EWAL PANEL A~iES. [ 1K/KKK E0E AN111IR DFTAIS % PHASE n SURFACING TABLE OFFICt BUILDING 1. a' SR-WS REAR FF9020 UONT W COARSE ([N/DOT 2350) iTIRW 1.5- 9nR..- N/DOT )R9E 001E(.1/ T - MA a /D00 DT 2311) PHASE 1 (NN OFFICE BUILDING ArPRO.1n wewlADc Rl0' d L , t FF 902 HEAVY W 'COARSE (."/DOT 'wM ]350) 4 ..!r EARAAR 15 NON-REAR WORSE (wN/DOT 2750) ,.wwn 4 m0R Nse»nN. B AGGREGATE BASE - / CLAM S (W//pp0pT 2211) APPROAEO SIh101A0E P b. e S'COIICIEIE PA4ENEN + U.N.O. CWCRE RER0GRCN0 -NONE AIQ WALK 2IA APPIIOVEO 01AN0LAR ~ E 5 8b h 4 2 h Y COIICREIE PA0MADIT. U N 0 (REBEORCNG - Q1~C C • YAVgE11 aAWREGATE BAS[ - vASPaow0 0.SCR0CC REVISION HISTORY - THIS SHEET F./ wAUa LEVEL 2LLLLLU=LL CCE.~ $ uu........»..»n.n... LU j 3 VARIONG SfHI1CRIRE N V EIP AEI a VEL CALL A5;~ CONS w ite Layout Plan-West teat TN LEGEND N MONAAR DIM ooGR ACCESS STORM WATM BAS1N 2 MANHOLE O xy@ FwTCNBASw/I11Er 3yer: b( ® CDUw. ra. 1826-020-DO PNVATE. NroRArw SHOWN 2 oalx 1MTER vaeE HS- DECEMBER 19, 20D7 8 L w'15 6C ..-^'r' saR SONAR; LOCATION ,y 0 / GR01W OLINK N 1126.3 DRANN 'PaD, o NOSE TOWN CLT01 HW REUMINARY DEVELOPMENT PLAN k - EKPNlSION .TONY _ - l C031 BLUE GENTIAN ROAD CONTROL B ro R.. CONTRACT / 9 [a,ooo UCla 001(0 NO IHRNVY501, »C. L-. I GENERAL NOTES FOR LAYOUT AEC ONENBDNS TO CURBS AID CIXEB w' o AD' !D' aRB/DUARE TO THE FACE OF O< CURB IS 0-1 NSECHES NOlEO. BACK M FACE 6 S CREE IN FEET CURB. MCGOL~}1 N NSTAil NEW CONOE E WAU TM S USYD lx FOLOWING WDRTNES MAICAIUM S T SBE EIGHT C-01. JONrs IN - \ \ TI - M.- TO BE ODHT FEET. BUT QxFAN1r D mWMW THE SPACNAOM LIIOM BLUE GENTIAN xADNO of CONTROL JONTs IN OFFICE PROJECT cwKaErt TRAPDC sLAn TD ME If. 1r. uA-. SPACING a 1/]' EKPAHSRN EAGAN, PIN JDN13 TO BE w PEET. d REIGN JOINTS NTH WALK CORER; -WNT CEDECTIONS. BUIUWI COWERS ETIL AND UK EQUAL PANEL - WES. SEE KKnca FOR . TNB DcTA43. SURFACING TABLE 1.!' BNUNNIXIS NEAR LKNT OUT CGINBE (WN/DOT ]DLD) L' WAIN iIUlANO1K 1S 9rUAHDUs HON-REAR -PSE IN V.T 2350) AOORCATE BASE - / CLAS ! (w/OOr ]311) APNEmeD wsaAOE a - 1.a' NWMNOIS WEAR PU / / 9 ANW 3UR9(UMN/bOOUST ]]BII) - / / ( /DOTE CA1~EW BAN - r 4 moe NawunM HEAS 5`W "T A APPROAED SUeTAADE ! CONCRETE PAKYENT. BIT. PATH F1UVA IIhP MT. PA CONCRETE RENidTCNO -NONE WALK WA1~ 'cD GRANULAR I~ ! LLY CONCRETE PAWLpIT. TI rN F t ONCTITIORtl10 - CDNCRE e A A' A=REGATE SASE - ` .b. PAWyENT A°"PPSahox"SUBCA°MC11) REVISION HISTORY - THIHE 711111111 L-r7 `1 E L ' 2 E E I+1+OtHHH:SURFACE PA WNa LOT / o z Np~ ~ pN 0*"fl E S STORM WATER BASIN LLl Gp Site Layout Plan-East LEGEND DOOR AocES ANN= 0 L.DaI.~NnIN.ET Cwx_ NO126-020-DO ITlOIIANf Sall AS SHOWN _ _ INFRiR-- _ .AREA. _ f / / WATER mw W- 6E1-DECEMBER g 4007 SON. BOINC LACATDx DRAMN O W/ cRa»D EEEMTDN nz6a Nos ooNx axe Nac RELIMINARY DEVELOPMENT PLAN - - - dLWN9011 ,pNT C032 PN-R GDNINOL oN COMRACT LASTS TO R.O.W. D r1>vmiNr NAxEn aWrN MD AxNINxSON, NC. EXISTING -_-_-WETLAND / / ~ McGough / • BWE GENTIAN \ OFFICE PROJECT - - - - - - - - - - 93 1 s~"°'.~ ' % i / REVISION HI R - I SHEET 43, I ' I aMxig P-H xueiTS~rAu ~O~ \ _ i' E PN - 0 OVERALL SITE LAYOUT c D. 0 W Phase I 1626-020-00 6 • V J -E AS SHOWN I -DECEMBER 19. 2007 UJ ao' o eo' RELIMINARY DEVELOPMENT PLAN SOME W FEET C130 - EXISTING / ' WETLAND s . BLUE GENTIAN FICE PROJECT ; , , - . - - - - OF EL I V'- i „sP cc A I 11J IREVISION 0 _ - I'' _ 1,+, _ ~l / •i• \ ..........r.l.... r.....m......,,., 00, it , <A~ verall Site Grading Plan LEGEND •Ta.o WA,En -.IA.Y o. ,-1- ~ _ `~:~;j~~ GE 1 }C _ _ _ slrE ANEA re.ae AcNES •k. STgaN WA]ER BASINS 6.A.-ISS-Ad1E5 ti'• ` CafA.W mn.aW 6mWNn) - CIIPERNWS SIRFACE BEFCKE 2.1-ACRES tl ' '•1 1PERN611S SLWT AFTEW-&A-AESRS 0 ._A4 Y \ ')l 11 1 - Imm"' PAMmm aMmMS lE C6NSIRUCTNNI ACMNTY WCLUOES STE 3.6- RUNOFF VttWE-115-ACRES x a.l' - I.i AC.-FT +n% SENAENT ORAOBI6 AHO BUEDBIO ESCAVATKM. mAM~ .WpW TOTAL WT MLW~C REOWE - T.M -FT 04 HM TB - 5 AC.-FT. `,,lAy{ \ 1826-020- IS 2. SIZE AREA - 18.08 ACNE mAWAi as WET V6WNE PNON - S.W.B.BI - OW AC.-FT iPk AS SHOW K PSMNiBEO AREA - I? AOES SW.B.!21.1 O6.FK.-R. s! eaN.AAn wn w AnW TOTAL KT VOLUME PRONOFD ACT DECEMBER 19• 20 1. 0351316 IS PREDOMNANTLY NW.I-857+0f' H.WLI- 859.] KVM,DK 0 SE Y SAW, am AMC SAN6. ra0 WeWanm M VARES ERES DERFND9W ON COVER Cd1pWON. O.m N - 6{ L45 6.m OUT - 11 RS 1. OISNRSE6 AREA K STE -AFR;S Y! B.u (AA-E FAI®) MRIRA7I6N _0. . N RELIMINARY DEVELOPMENT FIT. S]11NENT BASKS Tn E%I- RCN6FF V6 PEN_ SURFACE OR..AOE SYSTEMS Rol mOval - B.1 ACMES x 0.5 MCHES- 6.15 AC-FT BO O !0 1 1 C04 NWrw mNRNA av~n SCALE W FEET o car.Wlwr wwn aAEOa NL A9RVN1Cd1. EXISTING ---___WETLAND _ McGough BLUE GENTIAN _ OFFICE PROJECT EAGAN, NN 4- z Soo O O ai ' J ,,N , % / f i / ~t w REVI ION HISTORY - THIS SHEET ( V - - / y \ r . V-e v 0 01 verall Site Utility Plan y a o 1826-020-DO srxF AS SHOWN MT--ER 19, 2007 58 \ DECE p N RELIMINARY DEVELOPMENT PLAN 0 X20' =DALc MT C050 000Pr#OR HWYFL W 6N AHD 10021 1502. 02. Qo° r • / ,r± I McGough ri BLUE GENTIAN OFFICE PROJECT EA61W. MN pp. zz V, NOTES: • ~ti} y" '~-y~,.. ~ ,_l X~~k. , i - i ~ , swnes wnsennaswaonsse mwswsxn !%i - / 4`i- } ~ f d' i tea ~ l / 1I, .neuAMn nNeve ereno vesursmxn smn t.. f ~ ~ , 3 ~ ~ ' s~ F I!,~ ~Sj / , ms ma NmssrwE snaansEls z w nm erws.ma M f Lli cr- {`/r~•/ ti 1S~Sa i ,.ti 4 3.4~ °w'eY i REVISION T Y- IS i'.' , 4 _ _ r ? 1 ? D DTPEE NIIKiAT10N ..,.r a . u~lr two TREE PRESERVATION REFERENCE PLAN goo 10 00 000 -i.T at... nwx..d x. Tra. ,rte 0 fq lA ]IO . " ~ P.TV+d _i~m Ar~wN 'n in.~~l NhWx'Al 1626-020-00 }cEMB::1:27 O w;c M - u .p REE PRELIMINARY DEVELOPMENT PLAN .Jltb i1DN T6DMNA~ L150 .IN gxY• .L.Yw~M 'M~q.ywu+.+ ocorrroa.n NwEn swrcx wo senraNNSan. wc. ? ? ~ EXISTING WETLAND / / - _ McGou~h BLUE GENTIAN OFFICE PROJECT goo i4'•1+`yyyioYG i 1as•'~s;lss r' j 1 o mrb , / r f Cr ' 1 1 I R Y' Td s. EI' s arf+n 000 ~ l r 1 \ \ ~ 1 \ \,rM~~ae ,,,w r EV[ NH HE r 11N1~JA . 1',;, ' ` f\.~ 1, _ ? `y, s. t.,nvv ' .1........ r..... ? ~ Np~ F C~ s :ss .t r rr r M r 'bb 1 ~ ,o , ` £44, ,slti, s Y S ,Vko O 100 , , 000 00 PUNT NATERiAESscHEDULE O :M TION REFERENCE 00 PLAN LEGEND: 01..__...7 '%tiM0?:!1.. 1}M...... 04 1. SN4Y!N SxnY lei ? a cxisiom-wtaszNS.vrxow. :r;x•..sm ra sxorix Y.YtTa.1YYt V. goo m hb.bMP'iN YM.Y.YXMtIN Y.YO.ww H . is N. f `.PtSNY w4*l iN, • 26-020-00 Y ' . ' CONX. N0. 18 w......... za K9.""P . . ir/"ci4 4p. KON4kN... K,7 rmwi LLJ -TLEE K 7!_... r:, eY swr,x ~p~p~~/~ry~4f wae..~watlr Y.aX..w LJ,I moOR aEE U so- e.. m "t sxorx PRELIMINARY DEVELOPMENT PLAN TOM 21 Iw. M1+ XN.Y,.MYh1,.0w wb NYY1 YMr. Yt L200 nN.p1~.N1Y. Y.w.rr.NN.n D CCIMPR NNYEL PEEN NID NYP/.Y1.SOx, INC. ~c ewrr~w..wrw•.svsow~tiua.soirww~p EXISTING 0100 A WETLAND / / L _ McGough BLUE GENTIAN Aid, rim,: ? fir, OFFICE PRO] Q Soo mm, m J J'}' yy1RM1.... OIN~S~po .S I '•4 5 4'~ 1'- 5, ~ , •tq X'Yt7fil,'~4~ / j4 . / EIDG • r' ! I I \ ~ , }F w gyp. 1 ; . k ,E . n.sl , Ems xf90mI1K ilg f~f/ s 6 r 1 . t 1. ,1 4 11 \ I,' 9N~ 1 1'G°`er"" ` ' a-,SION Hi H 4.;; •fr;s 4 ' 1 rr ' I I 1 .1 1. _ r.o~.~N u..n..ln %•SS••4 4 T~A 4 i 'rte 1lfY a' yF s~ `O~ 4 Sf ~ N~~0.v~~N M, o 4 S atYa aalfrV' G MATERIALS SCHEDULE- :LANDSCAPE REFERENCE wiuu 00 nr :yn ,eoNNdi; ,enAiuNarlf 'son MOT ,raewx Li LEGEND- PLAN s 111![1 _ ; _ CL 5• r,,, - ? s . ...4 yvr,n n xvZF M~ a ? . 4 . s... as ,xowx. I _ 0 < *.],A• E$S MNgM ; fal !A 15 SxorX ,tMM'A 010 1u ....9 MEOICf%xc x.a nl. l5.',.OwN •xY. Y.E,M,I.x Va 0 9~ x.,iY•.f :31/3'cN. b AS OIOnx Yxl..ll..lti„f1.11111,.sv Mx a 0 W 120 2 tl a , ~sw>riv Nriw <;E is sNv.9x J J J J J °0m m 1626-020-00 4......... rEC;,...... E: w,... 99 ....!S.FNn.•. i~ij~%~ij~l~ J Nwrmxfr U/~ scuE 1. 60• O m wK r JJJjJJJJ JjJJJJ xrNEw.w r~afr wnwE VJ DECE~MBER 19, 2007 J~JJ JJJ'JJ/J' rw w.x r.rrlnnw..,a 1 TLEE I~r PRELIMINARY DEVELOPMENT PLAN L300 C OOPVxC 41 N'5& 3. OAEEN MD ABRNM16011, INC. ~w..urxn.~'~.wn..esleaa.~xssvawwp 0 13 12 11 10 O9 4 O7 O O O O O O McGough Y i BLUE GENTIAN i I I I+ OFFICE PROJECT C I., t NORTH ELEVATION 11 12 l 4 Y 4. Cato 0W4m O O O 4 O O Q Q v&u an, r . M' &uu .,w~& ' row soae (an ~ i nil EELL cor.& m s.sa r/,• .e.n .a-., sw.n> 4na wL Ytlda O.uwM 10001 PO,W~ &R&®~m'~® r,[urt .n.ua m MJ& 000wCC p0a0 0K[rC.a ~5M0& i EAST ELEVATION WEST ELEVATION ENLARGED PARTIAL ELEVATION OA 1 2 3 4 5 6 7O O O 10 11 12 13 cosy v W O O EXTERIOR ELEVATIONS r4n .nrL rrnv.o•-~' ~ ~ ~wnr I wei¢ aw5 ~ w¢ f+r ~ I Q . lgasr ' wne.& r1w1w sorer ~ Fqr canlto 4rm aw4s14.u AT eA.w& awn ~ _ I 7.a . I I I -,TL a PHASE 1 slww ~ezs-ozo-oo z a~ srwlc ru,r aua.1 _ , rr.E &1.r m ' I DECEMBER 19. 2007 O _ smoiY1 I aaii cuo siv 4 auw [MUrts oaa m°~Dw•,<p° 4• o "ies . .a" 4.14i4 14 4 M Lv,o.w 104 a4wV Q ra~&"'4' SOUTH ELEVATION PRELIMINARY DEVELOPMENT PLAN > A400 LJ p WPYNNU WALL 444[4 &0..00&411604. wa. TI O O T4 O T6 O O O T30 a,,A wimu .A.n mw mwa mrrc ~ ~ anon ow McGough 71-1 1 BLUE GENTIAN FFICE PROJECT O LAAM. MN T ./r umn ,w-E T 6641 ~ ~ ~ ~ SOUTH ELEVATION - PHASE 2 TD roar TAO TC O TC .e.rr TB m... TA wm m.~ mourn wm m ,na rro~ I wreck +o.e vw w.a (ra rm aia ~ ~m.aaaf~. ,lK. 1WYI14lOA ImUMfK F131 i 3 1#?3~{lt„gl.'ty $ }'j>t rF,3i ~>r -t,._ rrn,RWR~R J b IPYiro~si,[,r i . _fRUf111.R9111} T rR.rw auS nr k _ _ xsu w-c* YAP' TRff§:FE-ff s M Y - _ - - - - - dIRKI 1 L wLM D I cu,au rmm~o w^~~+ ~sw ra~.~m nur.... r,r.+rr uw r.....~w waw+r wwu. m ~x wro fay arrl EAST ELEVATION - PHASE 2 0 WEST ELEVATION PHASE 2 °0°" 'C `v T10 4 nwnw ws TB O mer T6 TS T4 11 ~ J O Tl Qvv (\j LLJ GINS EXTERIOR ELEVATIONS nAk+ z:...--,-'_~-^ a,rr•=•r~„i r:-n^*sr: -'ie'tm-! s. .ii mx Q Y vran j, - - - - - - - - - - - - - - - - - - - - - .louien.nmy PHASE 2 Z nm. - - - SGYF DECEMBER 19, 2007 PRELIMINARY DEVELOPMENT PLAN A401 w ` NORTH ELEVATION - PHASE 2~ ns .oooia ~~ro m a •n 4 .eu !a.-c gym. m ,/n•-r-o• o carrww,r rwuu aau, ao .enaw,rwr,. wc. I ^o~~usl .rwa ro o BLUE GENTIAN OFFICE PROJECT .xaax rxla f ,.Nwxa°.: mNwnn ro eAr.AN, MN fco,nx ro xuax wwa.. r~+f SOUTH ELEVATION - PARKING RAMP I ,nr•.•-. " X M w..m .xlal.f pww10! ro w.om YNMR " Wn0 0x1000 rRG., p - WlOI MwO.w PI®MI laaw " 910OM ~f,r I o In wu Wa lmlal " EAST ELEVATION PARKING RAMP WEST ELEVATION - PARKING RAMP Z vfa - .0 3 ,pr .x.wx !m..~w.no. ` f n v f n n (n~ n n r! n n W REVISION HISTORY - NORTH ELEVATION - PARKING RAMP - ,.........,l.,....... x........ x~l.N..w.. Q EXTERIOR ELEVATIONS CL PARKING RAMP Z Phase 2 s¢nrw uxn O X0 1826-020-00 scwF AS SHOWN a xnwx.N ,.u (caw " !S xNtx °w°~° ~ ST DECEMBER 19, wxWM PR[GS! ANxlx6 Iml.. s.a.a !wm/w!1 ` a2EYEBERGEN LLI PRELIMINARY DEVELOPMENT PLAN BUILDING SECTION PARKING RAMP W A402 O COPINOR 10010E ORlx NIO .1B0.N 41. TIC. McGough BLUE GENTIAN OFFICE PROJECT 4 W' EAGAN, Mi \ % \ \ / \ sow srnao N~nur swnacs ~d \ \ uNN11oN A.s.ulaln / / `N¢MNwx NNVf ~d / / laR NaoAn mia nNNa seaoN Rp <6 / / \ IA NaaeNEwN 9d / / la E.N: .u.a son. >m of rw Nru t % - / j Nw W&L werwal awns AETINN e. Neva •Na aarn Icnan iod / j % a• NN; aawt a.s w s. soro raeaae walswlw. aN.wrc a- Pd REVISION R X Crl ........w........ Fo oN ~P \ \ \ w o C:~ N 4ha \ . j \ SOWER LEVEL \ \ J FLOOR PLAN 'HASE 2 h\ \ N PHASE 2 717 cowu. No. 1826-020-00 CL DECEMBER Im 7 ACAMPRELL PRELIMINARY DEVELOPMENT PLAN LOWER LEVEL GSF: 26,390 SF A200 LOWER LEVEL PLAN PHASE 2 NET LEASEABLE: 0 SF I 1/1a'~I'-a• - . O OWrRI U HM*S. GIEEN NO .9Pfl14*A 1. INC. LSCHEDULE NOTES x C I.IVKVVI o<ar:rW Le Em .n.,,nM1WP. x.E<Wwar•CWA lump ad a wW a rm eWUWan.r na'gWnaa,srlwlr,w ! Ss aa:p. m< EaE rn~ 'teE,.es >so« On Y! 9V* wwa wayinensa. v OLSSMTLEni.9 alap.eY pryJr,wWlla YI WaMN W<enrnNlm argMae Wl 'Y4W~1f jff ?.E<":L[/~n 30? an ,l, mryplaur,wap tar,arappa alperaav,L rr grya:>I WW inE tyrprr VV flV*Ww._PCS iHar.Y RS<L~~5a ,G,iW'a_rCi. awMam rep nMyaean Wp,<p rM Nreuw wma OlA49 lLENS.' a ~iLC']-un0 EA,VE. a. W.b*.. VILyIW,r,.4S?WpWE. Mvll•awJ[L<~ P BS a mai v}'LV NiLOWFRtl rMLO!' aM,ma.W N.. arf Y! wr w,. >P ,e;~;'- peoples cuss nEm.c.c.. as STATISTICS EarewW amrr an amCMWieMr a!k eIE:r x yx]Odie." ~ ~ 1 f i i 1 1 1 1 1 1 1 1 f bNM1 PJantla' u4 ba t.'<a:, t,'u to ta'u la ]<:ata'u i b, 1, ]SkS~P'a`1 dLh .:,1 4.'a h ] Lai•'Y'u to ba L'u' 'u . V to \a la t'' :h t ] t~]a.b b L ~r br'u \rb 2. to ,r'. Q` . et, a1~1!' h\• h.tiyl+5er]~ th,ex• Vv t eaL <a' ,-L, i 4 tq<b.'\ :i'u- ' VISa~y}r'urYba~ ,•l •ra ! .f'~ •0 1 ktt 4. V t 4~eassw>: t it'. Y ZL 7- t. t t t. h~ e aUE llNru' t b. by. • II k,1 -a 'r .1 i 4f 1 `a: t 1 4 1• e sa b, eaFLCE t 4:., a tr ]r 1<b<':,-Y+ a aI b 4. t, to C N 090210 cm tn'~+ ~ITEt W¢AV'o VV<~"• 'ab'a y 0L 'u •u y. '<a h<ta'u'u Lts < Z 'va aab tlSFbt b r , abb. ey + n ,3I a s ya 4r , 'an', a y N t 4 L :a'u'u'u L g a'a bat rF,Vav t. k. a rb. b LT y ra '>a• M t. t y ) ba'u is s~ 4.1 , ebe t~]e )r b ]ere t'. b. L ,a'u 0 J LCa l,'e, )a •u ka' n•ijyya .a ub, L' r2a) to ]-1Lai )r ~aj'~bt ?ahauwuuba ~ ~ ns'eu ' e rL.~,r, a•t. _ 'r it k, L!a a' a"u ]•],';'r, ]a ]a' r) rt. 1, ba bra u'u'u 4, te'te )el Q~ W i ~ce~ea. ' 'u bn'a.a'. ~ 'tr'rr.rvn ,]a'u i he'ai tr b<'ta )ah a L: 'u \e ]a'u la ta'aaL Yr'u 4eb iatnL b.'aa to :'u 1,'~!.•a )a' u1a ].r' x. Ss , n\.e' 'V'u L] 1xw V 'u] ' to b:.`ba br b•tnL)a hfUta ba = N teL"v'na kib.r.Ya'u \r'• 'ix` i.,TYMS, is ] ut>'f•'u 4r'u ta' 'ar 'u :a .'r , ;~ta~ea lr br to te'u':L ta'uto N ea ta'u), bata'j au.a_-u• ya'u )s'u•a ].rt • a\a )<t, ],]r to ]r to t,'a<'' refuua,ialhr :alat.e':a'u'u'a L . t. yC°r ,'.L ,a '<a'u r Ls v e a 4a~s..:ba t, be:e ta';.a •u to D. ,a ],hr ka to ]a xe Yr eu' .Yi.a•v a~rtr• -u7a br t<4, to kr ya'u to a)<' < , 'u'.r'u',. ]r ;a ]!'u ~)a'< L u]a' ~ 'ae b, b~ :i\ a • '•'1ri],` ba 1. t ]r'u \.e y,'a, L ]a 1a' • ra )e'<r'u' : r 'u Y 1.'rn 'cEt.h,'u ta'u'u':a'u' 4, y~ ~ ~ • ate' :<'u ~(4< P,n- u < )e r~ ].ytlT; , .F, ~s ]r •u ].o to t, t u 4e'u b,'er'uH •'a u.--a / ra)-u te'Y it ]a'u re" ..r .,'•.'u'u,e a 4'l.'u 'u:e?, 4n'uLbu rt) e. ;v _ 1e ]a u\,:a to le br'. u • 'u la t,'a.'. u i>~ ..a , a T~ a •arjaTa j~'ii'u 1. L h,:e in be'ae' 1.1' IM1YL.Te a kr •a~ta }a bl tlL4.. y, ~ . `v ~ bl.'u Y.'u v Sx'u'aa L1a .:tea! ba k,'eaa,a`u'u'u'es'u'u e fO b,~/ ]a~a e.e.>,hS'u b'ai'ui~Lba ]~\.'u t•'a.a t, to us4•o h•r, •.iq t,;a a tabb' b,r • aa_l,t, Y(biYa:'ef la ]•h~hrL h•b., L'o t,4 (V T. I' 'ne ba to to hn b.~' PYPE ]l~M`, t, 'alSay,b., b, ]••<.r ~'u la by 4a to lr'ra T ~ )av b. b•h•b~'u ha'u'sa to s,a0.:f1N'1~(, u•e~.lfea'a<3a'>f ti to ba ba to L':a'u'u be \e at. V he'w t,'en to to :a'u b, Ta - -J~ ae ta'aa' 'na'u'u \.a:a as bi br ;rahsb~a :rb, v a~ tr L. h•. ].r:, \a'u?a' ae u,\n b~l.l M'ia tal~'ar ai )~'ar to ha'ee ba' to vte'aa to br •u'a, ke _.'•Y~ o.es are 25' 0' and ossuned nountad an 3' 0• concrete aeros ~ 4a'u ba to to he'u vto eeuvla t. h\a ba )a b~'u )~'ar'n~ha levb;b <s b. "u ba'u'u'ae la'Y 'na ba'u to b, L ba'u'c• b~ h. 1' b:'u \a'<.o t, to b, ba\!'u ya\a'aa].'YV' y 'aa'ulaba b,ba •<,bab:]a• Lay.' ut,' ta'u-w'e'nt lI.. TI UVUaba'La]a-aa'ut'x.f b]e'aa '6?.sk,'ia 1,]e to nta>l.:. t.'s lalanta'L. ]>•ar •<,4a'u •ubo. . be'u: 2 b ]a), ba1V aab•'. t t b ,ba t.L be: 'u'ea'ar t. be' Designer ta'aa r-e. r 'u b. Yid:. ,s' 'u LQ 4 y ha ba'ee a AM •ea .-.b ! ,5 fa •,:~e be'da'~ < Dole t<l, a.~ ! F. a 1¢•u 3,4 ~t < P,nNN = Jfln.2,2008 !e -ed;•;;~:;(Y::•. :a b.• 1 .a nTt C;/ sCile •e"ia •o to t• t~L J As Noted b. •e, , GENj IP\`L Drawing No. o, / ^ E-2 vJ 1 of 1 McGoush Five Gcacratiniis Biiililin"' Cciifidencc January 2, 2008 Pamela Dudziak City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 RE: Blue Gentian Corporate-Center Applications for Preliminary PD, Rezoning and Final Plat Submitted December 19, 2007 Dear Pam, Please let this letter serve to amend and expand the narrative description of our development plans as set forth in the above referenced submission package. As you know, McGough has been engaged in the acquisition of the approximately seventeen individual parcels that comprise the subject property for over six years now. During that time period we have worked closely with HGA, one of the leading architectural firms in this region, to create what we believe will be one of the best Class A office buildings in the South Metro area. The design for the Blue Gentian Office Development is inspired by the qualities of its prominent and beautiful site. The Phase 1 building is sited to follow the topography of the site - the form and horizontal striation of the building flow with the site. Alternating bands of custom cast architectural concrete and clear glass break down the scale of the building vertically and allow it to nestle behind the mature trees preserved to the north. The large percentage of clear glass provides gracious day lighting for the occupants while animating the exterior facade with the activity within. The city of Eagan's requirement for a break in the facade every 40 feet most appropriately addresses large blank warehouses or big box retail buildings. The design of the Blue Gentian Office Building addresses the city's concerns in this regard in multiple ways beginning with the continuous wrap of transparent windows into fully occupied space and continuing with the attention to detail and scale in the orchestration of all the exterior materials. The custom color of the architectural concrete gives the appearance of a gray stone. A custom texture is inspired by the patterning of laid stone and modulates the building horizontally. A beautiful natural hardwood used as an accent along the window mullions at the base of the building along with polished granite at the entrances provide furth detailed articulation of the exterior. ?737 1=A[P\%TE\1 AVENUE NORTH ST. PAUL MINNESOTA 55113-1372 PH: (651) 633-507 FAX: (651) 633-5673 The building is capped by a strong canopy projecting six feet from the face of the glass and providing both shade and depth to the facade. The canopy is finished in an architectural metal system. A two story transparent lobby anchors the west end of the building and provides views to the north landscape from the entry while further animating the entire composition. The interior of the lobby is framed by a series of large wood veneer wall and ceiling panels. The floor is comprised of stone-like porcelain tile that is accented by both granite and carpet. A series of slender frosted glass pendant lights accent the lobby ceiling. Phase II of the building will continue the same architectural scheme but will be embodied in a five story tower component. The west end of the tower will be modified on the fifth level by shortening the last floor to provide a dramatic roof top garden/patio that will have spectacular views in all directions. The Phase II building will also have basement level parking, a conference room and workout facility. The building's architectural appeal is further enhanced by the elimination of all roof top mechanical equipment. All mechanical equipment is designed to be housed inside of each phase of the building. This gives the buildings exterior design a very clean and uncluttered image. The Phase I building and Phase II addition exceed the city's requirement for Class 1 exterior materials. The buildings overall are composed of 69% Class I materials which include glass, architectural metal panel and granite. A Class III custom architectural precast concrete panel comprises 30% of the building's exterior. The large percentage of Class III EFIS on the west facade of the Phase 1 building is temporary and will be removed at the time of construction of Phase II. Below are the calculations for the Class I building materials comprising each phase of the development. Phase I Overall Class I % North 11,458 8,082 71% East 4,060 3,480 88% South 11,576 8,298 72% West 2,560 575 22% Total 29,654 20,435 69% Phase II Overall Class I % North 22,297 14,255 64% East 6,821 6,821 100% South 20,925 14,835 71% West 7,872 4,222 54% Total 57,915 40,133 69% RECEIVED JAN 0 3 26 ) ~i~ IN't Although we are applying for a PD zoning the building has been designed to conform to the City's BP zoning with the exception of the size and amount of parking for the project. The site has very challenging topography with a significant slope on both the north and south sides of the project. In order to keep the building off the northerly slope, thereby preserving a significant wooded area of the site, the buildings position leaves a very challenging condition on the south side to accommodate the buildings parking. In reviewing the required size of the City's parking stalls and drive lanes; we believe that by reducing the stall sizes to 9' x 18' (together with a 24' drive aisle and a resulting 60' bay depth) we can accommodate the parking necessary to construct 1,192 stalls (this includes the basement level parking in Phase II). The 9' x 18' configuration is utilized by many municipalities in the Twin City area (including Burnsville, Bloomington and Maple Grove), and performs very well in a 100% office environment. Based on a combination of common real estate practices and the city's requirement of one parking stall for each 150 square feet, we have calculated parking required of 1,195 for our development as follows: Phase I Phase II 82,388 GSF 178,936 GSF -3,500 Mech. 25,718 Lower Level -2,798 vert. pent's 153,218 76,090 - 5,320 vert. pent's x .80 147,898 x .80 60,872 118,318 150/sf _ 150/sf 406 789 You can see that we have subtracted from our gross building area, vertical penetrations, underground parking space, and mechanical rooms as these areas are not used by people and therefore do not require parking to be provided for them. The 80% factor is utilized to reflect the 20% reduction for common areas within the building and the individual tenant spaces which are used in common and therefore do not require parking spaces. We believe these calculations are appropriate and enable a full utilization of this site with more than ample parking. Most of the prospective office tenants will likely require a maximum parking ratio of 5.0 spaces per 1000 square feet of office space. Some prospective tenants will accept parking ratios as low as 4.0 per 1000 square feet. McGough Companies is also seeking LEED-CS (Core and Shell) Certification for the Blue Gentian Office Building under the United States Green Building Council Leadership in Energy and Environmental Design (LEED) program. In doing so, McGough has directed the design team to incorporate several strategies that will ultimately benefit both the surrounding community and our tenants. The surrounding community will benefit in many ways. The light colored roof membrane avoids contributing to the heat island effect. Storm water is being treated to City of Eagan and LEED standards for both quantity and quality control to mitigate the project's impact on RECEIVED JAN 0 3 2 the local environment. Use of native plantings will reduce the demand for water for irrigation and require less mowing and chemical treatment, also to the benefit of the local watershed. The parking lot capacity is being minimized to the extent allowed by local authorities which, in turn, reduces the impervious surface on the site and storm water runoff. We hope that this expanded narrative assists you and the City in your review of our application. We believe the subject redevelopment will be a valuable addition to our portfolio as well as this area of Eagan. Please let me know if you have any questions or need any additional information regarding our application. Sinc ly, Gregory . Miller, CCIM, CPM McGoug Companies cc Bake Baker Tom McGough, Jr. Bart Zibrowski jbk RECEIVED JAN 0 3 20C l7\ Message Page 1 of 1 Pam Dudziak From: Mia Blanchett [MBlanchett@hga.com] Sent: Thursday, January 17, 2008 12:28 PM To: Pam Dudziak Cc: Bake Baker Subject: Blue Gentian Office Building - composite panel system Attachments: 074243.doc; Alucobond.pdf The Blue Gentian office building is capped by a strong canopy projecting six feet from the face of the glass and providing both shade and depth to the facade. The canopy is finished in an architectural composite panel system pre-finished in a deep red-brown color. The composite panel system is being used here as an accent material to create a modern look in a composition of materials (glass, wood, granite, custom pre-cast) and does not make-up a large percentage of the building envelope. The City of Eagan has not included metal or aluminum panels in the list of Materials Classification. Based on the material's qualities: long lasting durability and maintainability and it's prevalent use around the world, we have made the assumption that it would be included as a comparable material to the other Class I materials listed by The City of Eagan, like copper panels. We have moved forward in the design process with this assumption. The design of the building is based on using this material. For further comparison purposes, we should note that the initial cost of this composite panel system is comparable to the initial cost of a brick wall. The performance of the composite panel system is also comparable to the other Class I materials. Please see the attached documents for technical information about the product. There are many current examples of this product being used both locally and internationally. (see images, separate email). For example, many buildings in the 610 corridor in Maple Grove and the St. Jude Medical headquarters in Little Canada which is currently under construction. We believe that this product is a high-quality, durable, aesthetically pleasing material that is comparable to the other Class I Materials listed by the City of Eagan. Based on the technical information to support it (see attached) it should be accepted as a comparable material for the Blue Gentian Office Building. 1/17/2008 ` E Agenda Information Memo February 4, 2008 Eagan City Council Meeting C. ORDINANCE AMENDMENT - CITY OF EAGAN ACTION TO BE CONSIDERED: To approve an Ordinance Amendment to Chapter 13, Section 13.30, Subdivision 1(D)(2) regarding general grading/drainage/erosion control plan for subdivisions. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ? On April 17, 2001, the City Council unanimously approved an Erosion and Sedimentation Control Policy and authorized staff to prepare appropriate ordinance language to conform to the policy. ? In addition to a proposed new section of Eagan City Code (§4.32, Land Disturbance and Erosion Control Regulations), staff proposed five amendments to other relevant City Code chapters in a comprehensive effort to address and refer to this issue. Three of the six proposed amendments were zoning and subdivision code amendments, requiring public hearings by the APC. ? On April 16, 2002, the City Council unanimously adopted the new Land Disturbance and Erosion Control Regulations and approved the other five amendments to relevant sections of City Code. ? City staff recently discovered that only three of the six approved amendments had been subsequently published because they did not require public hearings. The three unpublished zoning and subdivision code amendments required public hearings that inadvertently were not held. ? The Advisory Planning Commission held a Public Hearing for the modification to Chapter 13 on January 22, 2008 and they are recommending approval. ATTACHMENTS: (3) Draft January 22, 2008 APC minutes on page Staff report on pages through. Draft amendmert language for Chapter 13 on page/ /ate APC Minutes January 22, 2008 Page 10 of 12 D. ORDINANCE AMENDMENT Applicant Name: City of Eagan Location: City-wide Application: Ordinance Amendment Amendments to Chapter 11 & 13 regarding general grading/drainage/erosion control, shoreland alterations and landscaping regulations. File Number: 01-OR-(07-09)-12-07 City Planner Ridley provided a brief history and summary of the amendment. Chair Hansen opened the public hearing. There being no public comment, Chair Hansen closed the public hearing Member Keeley moved, Member Zoberi seconded, a motion to recommend approval of amendments to Chapter 11 & 13 regarding general grading/drainage/erosion control, shoreland alterations and landscaping regulations. A vote was taken. All voted in favor. Motion carried: 7-0. ~a~ PLANNING REPORT CITY OF EAGAN REPORT DATE: January 3, 2008 CASE: 01-OR-07-12-07, 01-OR-08-12-07, 01-OR-09-12-07 APPLICANT: City of Eagan HEARING DATE: January 22, 2008 PROPERTY OWNER: N/A PREPARED BY: Eric Macbeth REQUEST: Ordinance Amendments LOCATION: Citywide SUMMARY OF REQUEST The City of Eagan is requesting a public hearing for and consideration of three Ordinance Amendments (two to Chapter 11 and one to Chapter 13) specifically related to the Land Disturbance and Erosion Control Regulations (LDECR) set forth in City Code §4.32 by the APC. The LDECR ordinance was approved by Council in April 2002). The three zoning and subdivision code amendments presently before the APC were presented to and approved by the City Council with three other related code amendments in 2002, but were not published because they inadvertently were not before the Advisory Planning Commission for a public hearing. Therefore, staff requests the APC to hold a public hearing on the three ordinance amendments attached with this report and, after consideration of all public comments, to recommend approval of the ordinance amendments. AUTHORITY FOR REVIEW Minn. Stats. Ch. 462 grants the City Council authority to develop comprehensive municipal plans and to adopt ordinances and regulations to implement those plans. BACKGROUND/HISTORY City staff recently discovered that only three of the six approved amendments had been subsequently published because they did not require public hearings. The three unpublished zoning and subdivision ordinance amendments required Public Hearings that were inadvertently not held. On April 17, 2001, the City Council unanimously approved an Erosion and Sedimentation Control Policy and authorized staff to prepare appropriate ordinance language to conform to the policy. In addition to a proposed new section of Eagan City Code (§4.32, Land Disturbance and Erosion Control Regulations), staff proposed five amendments to other relevant City Code chapters in a comprehensive effort to address and refer to this issue. Three of the six proposed amendments were zoning and subdivision code amendments, requiring public hearings by the APC. On April 16, 2002, the City IDT Planning Report - Ordinance Amendments January 3, 2008 Page 2 Council unanimously adopted the new Land Disturbance and Erosion Control Regulations and approved the other five amendments to relevant sections of City Code. OVERVIEW OF PROPOSED ORDINANCES The three ordinance amendments are: 1. Chapter 11 "Land Use Regulations (Zoning)" by amending § 11.70, Subdivision 12 (C )(h) regarding landscaping regulations; 2. Chapter 11 entitled "Land Use Regulations (Zoning)" by amending § 11.65, Subdivision 9(I)(1)(b)(1) regarding shoreland alterations; and 3. Chapter 13 "Subdivision Regulations (Platting)" by amending § 13.30, Subdivision 1(D)(2) regarding general grading/drainage/erosion control plan for subdivisions. PURPOSE The basis of these amendments is to ensure proper erosion control. IMPACT ON DEVELOPMENT The proposed amendments would direct an applicant to Chapter 4, §4.32, "Land Disturbance Erosion Control" requirements, which apply to landscaping regulations, shoreland alterations, and general grading/drainage/erosion control plans for development. SUMMARY/CONCLUSION The proposed amendments are minor modifications to existing zoning and subdivision regulations for consistency within Eagan City Code regarding previously approved and published Land Disturbance and Erosion Control Regulations. ACTION TO BE CONSIDERED To recommend approval (or denial) of three Ordinance Amendments (two to Chapter 11 and one to Chapter 13) specifically related to Land Disturbance and Erosion Control Regulations (April 16, 2002; City Code Chapter 4, §4.32). ORDINANCE NO. 339 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER THIRTEEN ENTITLED "SUBDIVISION REGULATIONS (PLATTING)".BY AMENDING SECTION 13.30, SUBDIVISION 1(D)(2) REGARDING GENERAL GRADING/DRAINAGE/EROSION CONTROL PLAN FOR SUBDIVISIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 13.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Thirteen is hereby amended by changing Section 13.30, Subd. 1(D)(2) by adding clause (j) to read as follows: (j) Any other information required, not otherwise required herein, for a Land Disturbance and Erosion Control Plan under this City Code. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including. 'Penalty for Violation"' and Section 13.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Maria Petersen By: Mike Maguire Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Date of Advisory Planning Commission Hearing: 13 a Agenda Information Memo February 4, 2008 Eagan City Council Meeting D. ORDINANCE AMENDMENT - CITY OF EAGAN ACTION TO BE CONSIDERED: To approve an Ordinance Amendment to Chapter 11, Section 11.65, Subdivision 9(I)(1)(b)(1) regarding shoreland alterations. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ? On April 17, 2001, the City Council unanimously approved an Erosion and Sedimentation Control Policy and authorized staff to prepare appropriate ordinance language to conform to the policy. ? In addition to a proposed new section of Eagan City Code (§4.32, Land Disturbance and Erosion Control Regulations), staff proposed five amendments to other relevant City Code chapters in a comprehensive effort to address and refer to this issue. Three of the six proposed amendments were zoning and subdivision code amendments, requiring public hearings by the APC. ? On April 16, 2002, the City Council unanimously adopted the new Land Disturbance and Erosion Control Regulations and approved the other five amendments to relevant sections of City Code. ? City staff recently discovered that only three of the six approved amendments had been subsequently published because they did not require public hearings. The three unpublished zoning and subdivision code amendments required public hearings that inadvertently were not held. ? The Advisory Planning Commission held a Public Hearing for the modification to Chapter 11 on January 22, 2008 and they are recommending approval. ATTACHMENTS: (3) Draft January 22, 2008 APC minutes on page Staff report on pages 10-8 through \ Z Draft amendmert language for Chapter 11 on page ~cal APC Minutes January 22, 2008 Page 10 of 12 D. ORDINANCE AMENDMENT Applicant Name: City of Eagan Location: City-wide Application: Ordinance Amendment Amendments to Chapter 11 & 13 regarding general grading/drainage/erosion control, shoreland alterations and landscaping regulations. File Number: 01-OR-(07-09)-12-07 City Planner Ridley provided a brief history and summary of the amendment. Chair Hansen opened the public hearing. There being no public comment, Chair Hansen closed the public hearing Member Keeley moved, Member Zoberi seconded, a motion to recommend approval of amendments to Chapter 11 & 13 regarding general grading/drainage/erosion control, shoreland alterations and landscaping regulations. A vote was taken. All voted in favor. Motion carried: 7-0. g PLANNING REPORT CITY OF EAGAN REPORT DATE: January 3, 2008 CASE: 01-OR-07-12-07, 01-OR-08-12-07, 01-OR-09-12-07 APPLICANT: City of Eagan HEARING DATE: January 22, 2008 PROPERTY OWNER: N/A PREPARED BY: Eric Macbeth REQUEST: Ordinance Amendments LOCATION: Citywide SUMMARY OF REQUEST The City of Eagan is requesting a public hearing for and consideration of three Ordinance Amendments (two to Chapter 11 and one to Chapter 13) specifically related to the Land Disturbance and Erosion Control Regulations (LDECR) set forth in City Code §4.32 by the APC. The LDECR ordinance was approved by Council in April 2002). The three zoning and subdivision code amendments presently before the APC were presented to and approved by the City Council with three other related code amendments in 2002, but were not published because they inadvertently were not before the Advisory Planning Commission for a public hearing. Therefore, staff requests the APC to hold a public hearing on the three ordinance amendments attached with this report and, after consideration of all public comments, to recommend approval of the ordinance amendments. AUTHORITY FOR REVIEW Minn. Stats. Ch. 462 grants the City Council authority to develop comprehensive municipal plans and to adopt ordinances and regulations to implement those plans. BACKGROUND/HISTORY City staff recently discovered that only three of the six approved amendments had been subsequently published because they did not require public hearings. The three unpublished zoning and subdivision ordinance amendments required Public Hearings that were inadvertently not held. On April 17, 2001, the City Council unanimously approved an Erosion and Sedimentation Control Policy and authorized staff to prepare appropriate ordinance language to conform to the policy. In addition to a proposed new section of Eagan City Code (§4.32, Land Disturbance and Erosion Control Regulations), staff proposed five amendments to other relevant City Code chapters in a comprehensive effort to address and refer to this issue. Three of the six proposed amendments were zoning and subdivision code amendments, requiring public hearings by the APC. On April 16, 2002, the City 1 ag Planning Report - Ordinance Amendments January 3, 2008 Page 2 Council unanimously adopted the new Land Disturbance and Erosion Control Regulations and approved the other five amendments to relevant sections of City Code. OVERVIEW OF PROPOSED ORDINANCES The three ordinance amendments are: 1. Chapter 11 "Land Use Regulations (Zoning)" by amending § 11.70, Subdivision 12 (C )(h) regarding landscaping regulations; 2. Chapter 11 entitled "Land Use Regulations (Zoning)" by amending § 11.65, Subdivision 9(I)(1)(b)(1) regarding shoreland alterations; and 3. Chapter 13 "Subdivision Regulations (Platting)" by amending § 13.30, Subdivision 1(D)(2) regarding general grading/drainage/erosion control plan for subdivisions. PURPOSE The basis of these amendments is to ensure proper erosion control. IMPACT ON DEVELOPMENT The proposed amendments would direct an applicant to Chapter 4, §4.32, "Land Disturbance Erosion Control" requirements, which apply to landscaping regulations, shoreland alterations, and general grading/drainage/erosion control plans for development. SUMMARY/CONCLUSION The proposed amendments are minor modifications to existing zoning and subdivision regulations for consistency within Eagan City Code regarding previously approved and published Land Disturbance and Erosion Control Regulations. ACTION TO BE CONSIDERED To recommend approval (or denial) of three Ordinance Amendments (two to Chapter 11 and one to Chapter 13) specifically related to Land Disturbance and Erosion Control Regulations (April 16, 2002; City Code Chapter 4, §4.32). 130 ORDINANCE NO. 338 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING)" BY AMENDING SECTION 11.21, SUBDIVISION 9(I)(1)(b)(1) REGARDING SHORELAND ALTERATIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Eleven is hereby amended by changing Section 11.65, Subd. 9(I)(1)(b)(l), to read as follows: (1) Clearcutting and intensive vegetation clearing within the shore impact zones and on steep slopes shall be prohibited. No intensive vegetation clearing for forest land conversion to another use outside of these areas shall be conducted without first obtaining a conditional use permit. No such permit shall be issued unless a Land Disturbance and Erosion Control Permit and Plan is approved in accordance with the provisions `of Chapter Four of this Code and is approved by the soil and water conservation district in which the property is located. Section 2. Eagan City Code Chapter l entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their -entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to_ law. ATTEST: CITY OF EAGAN City Council By: Maria Petersen By: Mike Maguire Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Date of Advisory Planning Commission Hearing: l0 Agenda Information Memo February 4, 2008 Eagan City Council Meeting E. ORDINANCE AMENDMENT - CITY OF EAGAN ACTION TO BE CONSIDERED: To approve an Ordinance Amendment to Chapter 11, Section 11.70, Subdivision 12 regarding landscaping regulations. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ? On April 17, 2001, the City Council unanimously approved an Erosion and Sedimentation Control Policy and authorized staff to prepare appropriate ordinance language to conform to the policy. ? In addition to a proposed new section of Eagan City Code (§4.32, Land Disturbance and Erosion Control Regulations), staff proposed five amendments to other relevant City Code chapters in a comprehensive effort to address and refer to this issue. Three of the six proposed amendments were zoning and subdivision code amendments, requiring public hearings by the APC. ? On April 16, 2002, the City Council unanimously adopted the new Land Disturbance and Erosion Control Regulations and approved the other five amendments to relevant sections of City Code. ? City staff recently discovered that only three of the six approved amendments had been subsequently published because they did not require public hearings. The three unpublished zoning and subdivision code amendments required public hearings that inadvertently were not held. ? The Advisory Planning Commission held a Public Hearing for the modification to Chapter I 1 on January 22, 2008 and they are recommending approval. ATTACHMENTS: (3) 22 Draft January 22, 2008 APC minutes on page) JJ Staff report on pages I throughi 3 Draft amendmert language for Chapter 11 on page l APC Minutes January 22, 2008 Page 10 of 12 D. ORDINANCE AMENDMENT Applicant Name: City of Eagan Location: City-wide Application: Ordinance Amendment Amendments to Chapter 11 & 13 regarding general grading/drainage/erosion control, shoreland alterations and landscaping regulations. File Number: 01-OR-(07-09)-12-07 City Planner Ridley provided a brief history and summary of the amendment. Chair Hansen opened the public hearing. There being no public comment, Chair Hansen closed the public hearing Member Keeley moved, Member Zoberi seconded, a motion to recommend approval of amendments to Chapter 11 & 13 regarding general grading/drainage/erosion control, shoreland alterations and landscaping regulations. A vote was taken. All voted in favor. Motion carried: 7-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: January 3, 2008 CASE: 01-OR-07-12-07, 01-OR-08-12-07, 01-OR-09-12-07 APPLICANT: City of Eagan HEARING DATE: January 22, 2008 PROPERTY OWNER: N/A PREPARED BY: Eric Macbeth REQUEST: Ordinance Amendments LOCATION: Citywide SUMMARY OF REQUEST The City of Eagan is requesting a public hearing for and consideration of three Ordinance Amendments (two to Chapter 11 and one to Chapter 13) specifically related to the Land Disturbance and Erosion Control Regulations (LDECR) set forth in City Code §4.32 by the APC. The LDECR ordinance was approved by Council in April 2002). The three zoning and subdivision code amendments presently before the APC were presented to and approved by the City Council with three other related code amendments in 2002, but were not published because they inadvertently were not before the Advisory Planning Commission for a public hearing. Therefore, staff requests the APC to hold a public hearing on the three ordinance amendments attached with this report and, after consideration of all public comments, to recommend approval of the ordinance amendments. AUTHORITY FOR REVIEW Minn. Stats. Ch. 462 grants the City Council authority to develop comprehensive municipal plans and to adopt ordinances and regulations to implement those plans. BACKGROUND/HISTORY City staff recently discovered that only three of the six approved amendments had been subsequently published because they did not require public hearings. The three unpublished zoning and subdivision ordinance amendments required Public Hearings that were inadvertently not held. On April 17, 2001, the City Council unanimously approved an Erosion and Sedimentation Control Policy and authorized staff to prepare appropriate ordinance language to conform to the policy. In addition to a proposed new section of Eagan City Code (§4.32, Land Disturbance and Erosion Control Regulations), staff proposed five amendments to other relevant City Code chapters in a comprehensive effort to address and refer to this issue. Three of the six proposed amendments were zoning and subdivision code amendments, requiring public hearings by the APC. On April 16, 2002, the City 13~ Planning Report - Ordinance Amendments January 3, 2008 Page 2 Council unanimously adopted the new Land Disturbance and Erosion Control Regulations and approved the other five amendments to relevant sections of City Code. OVERVIEW OF PROPOSED ORDINANCES The three ordinance amendments are: 1. Chapter 11 "Land Use Regulations (Zoning)" by amending § 11.70, Subdivision 12 (C )(h) regarding landscaping regulations; 2. Chapter 11 entitled "Land Use Regulations (Zoning)" by amending § 11.65, Subdivision 9(1)(1)(b)(1) regarding shoreland alterations; and 3. Chapter 13 "Subdivision Regulations (Platting)" by amending § 13.30, Subdivision 1(D)(2) regarding general grading/drainage/erosion control plan for subdivisions. PURPOSE The basis of these amendments is to ensure proper erosion control. IMPACT ON DEVELOPMENT The proposed amendments would direct an applicant to Chapter 4, §4.32, "Land Disturbance Erosion Control" requirements, which apply to landscaping regulations, shoreland alterations, and general grading/drainage/erosion control plans for development. SUMMARY/CONCLUSION The proposed amendments are minor modifications to existing zoning and subdivision regulations for consistency within Eagan City Code regarding previously approved and published Land Disturbance and Erosion Control Regulations. ACTION TO BE CONSIDERED To recommend approval (or denial) of three Ordinance Amendments (two to Chapter 11 and one to Chapter 13) specifically related to Land Disturbance and Erosion Control Regulations (April 16, 2002; City Code Chapter 4, §4.32). ORDINANCE NO. 337 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING)" BY AMENDING SECTION 11.10, SUBDIVISION 15(C)(2)(h) REGARDING LANDSCAPING REGULATIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Eleven is hereby amended by changing Section 11.70, Subd. 12(c)(h), to read as follows: (h) Erosion control. All, areas of any site shall be restored and maintained in accordance with the Land Disturbance Erosion Control regulations and any other provisions of the City Code. Section 2. Eagan City Code Chapter., 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Maria Petersen By: Mike Maguire Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Date of Advisory Planning Commission Hearing: Agenda Information Memo February 4, 2008 Eagan City Council Meeting F. ORDINANCE AMENDMENT - CITY OF EAGAN ACTION TO BE CONSIDERED: To approve an Ordinance Amendment to Chapter 11, specifically as it relates to standard City Code compliance in association with various City approvals and direct the City Attorney to prepare and submit the amendment to the legal newspaper for publication. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ? The purpose of this amendment is to allow the City to explicitly require general compliance with City Code regulations, as a matter of course, in conjunction with various approvals, i.e. subdivisions, conditional use permits, variances, etc. ? While conditions of approval have included compliance requirements in the past, the City Attorney has opined that adding specific City Code language would be best. ? The Advisory Planning Commission held a Public Hearing on this item on January 22, 2008, and they are recommending approval. ATTACHMENTS: (2) Draft APC minutes on a e Staff report on pages through l3~ APC Minutes January 22, 2008 Page 11 of 12 E. ORDINANCE AMENDMENT Applicant Name: City of Eagan Location: City-wide Application: Ordinance Amendment Amendment to Chapter 11, Section 11.50 to add general code compliance as a factor when considering Conditional Use Permit, Interim Use Permit, Rezoning (to Planned Development) and Variance requests. File Number: 01-OR-01-01-08 City Planner Ridley provided a brief history and summary of the amendment. Chair Hansen opened the public hearing. There being no public comment, Chair Hansen closed the public hearing. Member Keeley moved, Member Zoberi seconded a motion to recommend approval of amendments to Chapter 11 & 13 regarding general grading/drainage/erosion control, shoreland alterations and landscaping regulations. A vote was taken. All voted in favor. Motion carried: 7-0. 13g PLANNING REPORT CITY OF EAGAN REPORT DATE: January 14, 2008 CASE: 0l-OR-01-01-08 APPLICANT: City of Eagan HEARING DATE: January 22, 2008 PROPERTY OWNER: N/A PREPARED BY: Michael J. Ridley, AICP REQUEST: Ordinance Amendment LOCATION: City Code SUMMARY OF REQUEST The City of Eagan is requesting approval of an Ordinance Amendment to Chapter 11, Section 11.50 to add a General Code Compliance as a factor when considering Conditional Use Permit, Interim Use Permit, Rezoning (to Planned Development) and Variance requests. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subdivision 5 states, in part: 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. BACKGROUND/HISTORY The purpose of this amendment is to allow the City to explicitly require general compliance with City Code regulations, as a matter of course, in conjunction with various approvals, i.e. subdivisions, conditional use permits, variances, etc. At their regular meeting of January 15, 2008, the City Council directed staff to initiate this amendment. EVALUATION OF REQUEST The City has the ability to require City Code compliance generally and while conditions of approval have been included compliance requirements in the past, the City Attorney has opined that adding specific City Code language to that affect would be preferred. Planning Report - Ordinance Amendment January 22, 2008 Page 2 The intended outcome of applying the proposed amendment is to provide the City the ability maintain standards while making expected compliance improvements commensurate with the land use approval being sought. SUMMARY/CONCLUSION The proposed amendment will memorialize City Code compliance as a factor/requirement when various use approvals are requested. ACTION TO BE CONSIDERED To recommend approval or denial of an Ordinance Amendment to Chapter 11, Section 11.50 to add general City Code compliance as a factor when considering Conditional Use Permit, Interim Use Permit, Rezoning (to Planned Development) and Variance requests. ~Lfo ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING)" BY AMENDING SECTION 11.50, REGARDING CITY CODE COMPLIANCE FOR VARIANCES, CONDITIONAL USE PERMITS, REZONING AND INTERIM USE PERMITS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code, Chapter 11, is hereby amended by changing Section 11.50, Subd. 3.B.3. to read as follows: Subd. 3. Variances. B. Procedures. * * * 3. The city council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, the city council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That sSpecial conditions or circumstances do not result from the actions of the applicant. d. Granting of the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. C. The variance requested is the minimum variance which would alleviate the hardship- 1 141 f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. R. Whether the property for which the variance is requested is in compliance with the Ci Code. Section 2. Eagan City Code, Chapter 11, is hereby amended by changing Section 11.50, Subd. 4.C. to read as follows: Subd. 4. Conditional use permits. C. 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. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 2 I4 8. Is appropriate after considering whether the property is in compliance with the City Code. Section 3. Eagan City Code, Chapter 11, is hereby amended by changing Section 11.50, Subd. 5.G. to read as follows: Subd. 5. Amendments to zoning map (rezoning) and ordinance text. G. City council action. The city council shall., after receiving recommendation from the advisory planning commission and within 60 days of receipt of a completed application., unless extended in a manner consistent with Minn. Stat. § 15.99, act on the application, providing appropriate findings of fact to support the action. The ci council shall consider whether the property is in compliance with the City Code when rezoning is sought. Section 4. Eagan City Code, Chapter 11, is hereby amended by changing Section 11.50, Subd. 6.C. to read as follows: Subd. 6. Interim use permits. * * * C. Evaluation criteria. The council may issue interim use permits for an interim use of property if: 1. The use is deemed to be temporary in light of the Comprehensive Guide Plan designation for the property site on which the use is located and the use conforms to the bulk and performance standards of the zoning regulations herein; 2. The date or event that will terminate the use can be identified with certainty; 3. Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and 4. The user agrees to any conditions that the council deems appropriate for permission of the use; and 5. The use meets the standards set forth in the zoning regulations herein governing conditional use permits. 3 6. The property is in compliance with the City Code. Section 5. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 6. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Maria Lynn Petersen By: Mike Maguire Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Date of Advisory Planning Commission Hearing: 4 14 AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER FEBRUARY 4, 2008 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. Approve EDA Minutes 2. NORTHEAST EAGAN REDEVELOPMENT DISTRICT - Schedule Public Hearing to Consider Sale of City Property for Redevelopment Purposes D. OLD BUSINESS 1. CEDAR GROVE REDEVELOPMENT DISTRICT - Approve Settlement of Grand Slam Relocation Claim 2. CEDAR GROVE REDEVELOPMENT DISTRICT - Authorize Phase II Environmental Analysis for Core Area E. NEW BUSINESS F. OTHER BUSINESS G. ADJOURN Agenda Information Memo Eagan Economic Development Authority Meeting February 4, 2008 NOTICE OF CONCURRENT ACTIONS The Council acting as the Board of Commissioners of the Economic Development Authority ("EDA") may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the agenda as presented or modified. C. CONSENT AGENDA 1. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the January 15, 2008 EDA meeting as presented or modified. ATTACHMENTS: • Minutes of the January 15, 2008 EDA meeting on pages) 5b 2. SCHEDULE PUBLIC HEARING FOR SALE OF NORTHEAST EAGAN PROPERTY ACTION TO BE CONSIDERED: To schedule a public hearing on March 5, 2008 to consider the sale of City owned property in the Northeast Eagan Redevelopment District to MG Eagan LLC (McGough Development) for redevelopment purposes. TLV FACTS: • The City Council and McGough Development entered into a TIF development agreement on March 6, 2006 for the redevelopment of property on Blue Gentian Circle in the Northeast Eagan Redevelopment District. Under the terms of the agreement, McGough would undertake the acquisition and assembly of the redevelopment properties, with the understanding that if the developer exhausted good faith efforts to acquire any of the properties, it could request that the City acquire the properties, through the use of eminent domain, if necessary. • At the same time, McGough approached the City with such a request for five of the properties that the company was not able to acquire. As a part of its action regarding the March 6, 2006 Development Agreement, the EDA authorized the acquisition of the remaining properties. The City has since acquired the properties and relocated their residents. McGough has submitted a development application that is being heard under the City Council's new business items. • In order to facilitate the implementation of the project, it is appropriate for the City to sell McGough the property it has acquired. In order to sell publicly acquired property for private development or use, it is necessary to hold a public hearing to consider the sale. Staff is requesting that a hearing be scheduled for March 5, 2008 to permit adequate time to publish notice for the hearing. ATTACHMENTS: • None 1l MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota January 15, 2008 A meeting of the Eagan Economic Development Authority was held on Thursday, January 3, 2008 at the Eagan Municipal Center. Present were President Maguire, Commissioner Carlson, Commissioner Fields, Commissioner Tilley and Commissioner Bakken. Also present were Executive Director Hedges, Community Development Director Hohenstein, City Planner Ridley, City Engineer Matthys, and City Attorney Dougherty. ADOPT AGENDA Commissioner Fields moved, Commissioner Tilley seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 APPROVE MINUTES Commissioner Bakken moved, Commissioner Fields seconded a motion to approve the minutes of the January 3, 2008 meeting as presented. Aye: 5 Nay: 0 OLD BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT PUBLIC HEARING TO CONSIDER USE OF EMINENT DOMAIN TO ACQUIRE THE BERNSTEIN/PERWIN PROPERTY LOCATED AT 3815 NICOLS ROAD Community Development Director Hohenstein discussed the proposed use of eminent domain to acquire the Bernstein/Perwin property located at 3815 Nicols Road. He noted that Council had directed the City Attorney to direct findings authorizing the use of eminent domain at the January 3 EDA meeting and that the public hearing had been continued. President Maguire re-opened the public hearing. An attorney representing the property owner stated opposition to the property being taken by eminent domain. There being no further public comment, Mayor Maguire closed the public hearing and turned discussion back to the Commission. Commissioner Tilley moved, Commissioner Carlson seconded a motion to approve the findings of fact, conclusions and resolution authorizing the use of eminent domain to acquire the Berstein/Perwien Property located at 3815 Nicols Road. Aye: 5 Nay: 0 M? NEW BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT PURCHASE AGREEMENT FOR U.S. HOME - GONYEA PARCEL Community Development Director Hohenstein discussed the proposed purchase agreement for the acquisition of the former Gonyea parcel. President Maguire moved, Commissioner Bakken seconded a motion to continue indefinitely the consideration of a purchase agreement for the acquisition of the former Gonyea parcel (PIN 101352001000) from U.S. Home. Aye: 5 Nay: 0 OTHER BUSINESS ORGANIZATIONAL BUSINESS A. Election of Officers: Commissioner Carlson moved, Commissioner Fields seconded a motion to appoint the following officers of the Eagan Economic Development Authority: Aye: 5 Nay: 0 President: Mike Maguire Vice Present: Peggy Carlson Treasurer: Paul Bakken Executive Director: City Administrator Tom Hedges Secretary / Deputy Executive Director: Community Development Director Jon Hohenstein B. By-Laws Commissioner Fields moved, Commissioner Tilley seconded a motion to approve an amendment of the EDA By-Laws to add a consent agenda to the standard EDA agenda format. Aye: 5 Nay 0 C. Meeting Schedule - No action taken - Meeting schedule defined in By-Laws D. Single Action for EDA and Council Resolutions - Process adopted in 2004 ADJOURNMENT Commissioner Fields moved, Commissioner Tilley seconded a motion to adjourn the meeting at 9:35 p.m. 14q Agenda Memo Eagan Economic Development Authority Meeting February 4, 2008 1. CONSIDER APPROVAL OF MEDIATED SETTLEMENT AGREEMENT AND PAYMENT OF AN ADDITIONAL $180,000.00 TO SOUTHEAST ENTERTAINMENT ENTERPRISES, INC. (GRAND SLAM) ACTION TO BE CONSIDERED: To approve Mediation Settlement Agreement and authorize additional relocation payment of $180,000.00 to Southeast Entertainment Enterprises, Inc. (Grand Slam). FACTS ? As part of the City's acquisition of the Cedarvale Mall, the City is responsible for providing relocation assistance to displaced tenants under the Federal Relocation Act. ? The City has been working with Southeast Entertainment Enterprises, Inc. (Grand Slam) to review the items that are eligible for relocation assistance. > Grand Slam was a substantial tenant and had numerous large items that were eligible for relocation assistance (golf course, batting cages, bumper cars, laser tag area and numerous other items associated with its business operation). ? In connection with the eminent domain action, Grand Slam also asserted a claim against the mall owner, Cedar Grove Properties, LLC, alleging that it was entitled to a portion of the City's appraised value as a result of numerous lease improvements that were made in connection with their lease. > To facilitate a resolution, all parties engaged in mediation last year. ? As part of the Mediated Settlement Agreement, the mall owner has agreed to pay to Grand Slam the sum of $260,000.00 and the City has tentatively agreed to pay an additional sum of $180,000.00 to fully settle the relocation claim. > With the additional payment, the total relocation claim will be $291,000.00 (an additional advance of $111,000.00 was paid to Grand Slam in July, 2006). > The City's attorney and the City's relocation consultant have reviewed all of the documentation provided by Grand Slam in support of its claim. Because this matter is in pending litigation, should the EDA desire to discuss the terms of the Mediated Settlement Agreement, the EDA should recess to a closed session. ATTACHMENTS (1): Mediated Settlement Agreement, pages JSa through 1(O. ls) . MEDIATED SETTLEMENT AGREEMENT This Mediated Settlement Agreement ("Agreement") is entered into between: Petitioner, Eagan Economic Development Authority ("EDA"); Respondent, Cedar Grove Properties, LLC ("Cedar Grove"); and, Respondent, Southeast Entertainment Enterprise, Inc., d/b/a Grand Slam Sports ("Grand Slam") (collectively, the "Parties"). WHEREAS, pursuant to Minnesota Statute 117.01 et seq., EDA brought an action seeking to acquire real property which is more particularly described in the petition in Court File No. CX-06-8049 ("Subject Property") for purposes of economic development; and, WHEREAS, the district court issued an Order approving the petition for the instant condemnation proceedings and authorizing transfer of title and possession of the Subject Property upon deposit of the EDA's approved appraised amount for the Subject Property (the funds deposited, and all interest accrued thereupon, shall be referred to throughout this Agreement as the "Quick Take Deposit"), as well as additional Orders authorizing payments of portions of the Quick Take Deposit to certain parties, such that a principal amount of $1,250,000.00 remained on deposit and has been accruing interest; and, WHEREAS, the EDA placed its Quick Take Deposit on account with the district court administrator thereby effecting the transfer of title and possession of the Subject Property ("Taking"); and, WHEREAS, Cedar Grove was the fee owner of the Subject Property at the time of the taking of the Subject Property and has asserted its claim for damages associated with the taking of the Subject Property; and, WHEREAS, Grand Slam was a tenant of the Subject Property at the time of the taking of the Subject Property and has asserted its claim for damages within the instant 1G , proceedings and its claim for relocation and reestablishment expenses pursuant to Minn. Stat. 117.01 et seq.; and, WHEREAS, the Parties desire to resolve their differences without additional hearings and fix the amount of compensation due and payable as a result of the taking of the Subject Property; and, WHEREAS, the Parties to this Agreement engaged in mediation before mediator, Larry D. Martin; and, WHEREAS, the Parties have negotiated a full and final settlement of all claims arising out of or relating to the instant matter; and, WHEREAS, the Parties to this Agreement have negotiated a full and final settlement of all claims arising from the instant matter. NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein, and for other good and valuable consideration, the Parties agree as follows: 1. Recitals. The above recitals are agreed to by the Parties and are made part of this Agreement. 2. Approval and Authority. The Parties represent and agree that this Agreement has been duly approved and authorized by their respective governing body if any. 3. Complete Agreement. The Parties hereto agree to resolve this matter on a full, final, complete and amicable basis for all claims that have arisen with respect to the taking of the Subject Property. 4. Settlement Amount: EDA and Grand Slam. The EDA and Grand Slam agree that the total payment to be made from the EDA to Grand Slam ("EDA Payment") shall be Two Hundred and Ninety-One Thousand and No/100 Dollars ($291,000.00). Grand Slam acknowledges advance payments from the EDA in the amount of One 2 15;5 Hundred Eleven Thousand and No/100 Dollars ($111,000.00) which leaves a balance due of One Hundred and Eighty Thousand and No/ 100 Dollars ($180,000.00). The EDA Payment is separate and in addition to the payment that Grand Slam is to receive as its share of the Quick Take Deposit described below. 5. Settlement Amount: Cedar Grove and Grand Slam. Cedar Grove and Grand Slam agree that the balance of the Quick Take Deposit shall be disbursed to Cedar Grove and Grand Slam as stated in this paragraph. The Parties agree that the amount disbursed to Grand Slam is the agreed damage to which Grand Slam is entitled for its interest in the Subject Property. From the Quick Take Deposit, Grand Slam shall receive a payment ("Immovable Fixture Payment") of Two Hundred and Fifty-Four Thousand and Four Hundred Dollars ($254,400.00), plus a "Per Diem Payment." The Per Diem Payment shall equal $27.50 for each day beginning with February 1, 2008 until the date payment is made from the Quick Take Deposit to Grand Slam. In addition, Grand Slam and Cedar Grove agree that the amounts due and owing from each of them to L. D. Martin & Associates, Ltd. ("Martin"), for mediation services, shall be paid directly to Martin from the Court, such that $5,600.00 of the remaining deposit will be paid to Martin in satisfaction of the amounts owing from Grand Slam to Martin, and an additional $5,600.00 of the remaining deposit will be paid to Martin in satisfaction of the amounts owing from Cedar Grove to Martin. The Immovable Fixture Payment and the Per Diem Payment shall be in addition to the EDA Payment referenced above. The payments to be paid to Grand Slam shall be made up of all interest accrued on the Quick Take Deposit to date, with the remainder to be paid out of the principal amount on deposit. In no event shall the total payment to Grand Slam from the Quick Take Deposit exceed the total of the Immoveable Fixture Payment plus the Per Diem Payment. Cedar Grove shall receive the balance of the Quick Take Deposit. 6. Settlement Amount EDA and Cedar Grove. EDA and Cedar Grove agree that by release of the balance of the Quick Take Deposit all Claims that Cedar Grove has related to the taking of the Subject Property are satisfied. 3 I54f 7. Relocation Payment Waiver. Respondents, Grand Slam and Cedar Grove, in consideration of the payments and conditions described herein, voluntarily waive their rights to any and all relocation benefits available under Minn. Stat. Ch. 117, including, but not limited to, any and all actual moving expenses, losses as a result of moving or discontinuance of business operations, relocation and/or reestablishment expenses, and dislocation and/or displacement expenses. Respondents, Grand Slam and Cedar Grove, represent and warrant that they have been advised by competent counsel and have been fully apprised of all rights, relocation assistance, payments, benefits, and services which they may be eligible to receive pursuant to Minn. Stat. Ch. 117. 8. Mutual Release of Claims. The Parties agree that, upon completion of their respective obligations agreed to herein, each Party releases and discharges each other Party and any related entity and owners and their respective heirs, successors, assigns, employees, employers, affiliates, agents, representatives and attorneys, from any and all claims, including claims for contribution, whether by contract or otherwise, causes of action, suits, proceedings, debts, judgments, damages, levies, executions and demands of any nature, in law or equity, whether known or unknown, liquidated or un- liquidated, fixed, vested, contingent, direct or indirect, which each Party has, had, or may have or may claim to have against the other Party, but said release is limited to those claims relating to or arising out of the: taking of the Subject Property; Grand Slam's tenancy interest in the Subject Property and Cedar Grove's ownership interest in the Subject Property. 9. Effective Mediated Settlement Agreement. The Parties to this Agreement acknowledge that this Agreement is binding and that the Parties were advised in writing that (a) the mediator has no duty to protect their interests or provide them with information about their legal rights; (b) signing a mediated settlement agreement may adversely affect their legal rights; and (c) they should consult an attorney before signing a mediated settlement agreement if they are uncertain of their rights. 4 155 10. Arbitration. All issues regarding the terms or performance of this Agreement will be submitted to binding arbitration. The arbitrator shall be Larry D. Martin of L.D. Martin & Associates, Ltd., 1480 White Oak Drive, Chaska, Minnesota 55318. If Mr. Martin is not available to arbitrate the matter, or if the Parties unanimously agree to select another arbitrator after a dispute arises, the arbitrator selected by the Parties shall serve as arbitrator. 11. Cooperation to Complete Agreement. The Parties agree to cooperate to execute all documents reasonably necessary to bring the matters addressed herein to complete closure, specifically including, but not limited to, a stipulation requesting the Dakota County District Court to order disbursement of the Quick Take Deposit in accordance with Paragraph 5 herein. The Parties' duty to cooperate includes, but is not limited to, the duty to cooperate in the drafting, execution, delivery and recording of the documents customarily and reasonably necessary to complete the instant condemnation proceedings including but not limited to: stipulation and order for pay out of deposit, stipulation for award, and final certificate. 12. Fees and Costs. Each party shall bear its own costs, fees and disbursements, including attorneys' fees, incurred in connection with the litigation defined by the above caption. 13. Choice of Law. This Agreement is governed by and shall be construed in accordance with the laws of the State of Minnesota. 14. Voluntary Agreement. The undersigned have read this Agreement and understand its terms. The undersigned also acknowledge that they have had the opportunity to consult with legal counsel of their choice, and in fact have been represented by legal counsel in connection with this Agreement, and that they knowingly and willingly enter into this Agreement. 5 lsce 15. Counterparts. This Agreement may be executed in counterparts, each of which shall constitute an original, and all of said counterparts when taken together shall constitute one and the same instrument. 16. Entire Agreement. This Agreement contains the entire agreement between the Parties. In settling this case and executing this Agreement, the Parties specifically aver that they are not relying on any statements or promises other than what is contained in this Agreement. The terms of this Agreement shall constitute a binding contract. No modification or amendment to this Agreement shall be valid or binding unless contained in a written instrument and signed by all Parties hereto. THE PARTIES SIGNING THIS AGREEMENT REPRESENT THAT THEY HAVE READ THE AGREEMENT, FULLY UNDERSTAND THE AGREEMENT, AND INTEND TO BE BOUND BY THE AGREEMENT. IN WITNESS THEREOF, the undersigned have executed this Agreement on the day and year set forth on the following signature pages. 6 1,5q Signature Page for Petitioner Eagan Economic Development Authority Eagan Economic Development Authority Date: February , 2008 Print: Mike Maguire Title: President Eagan Economic Development Authority Date: February , 2008 Print: Thomas L. Hedges Title: Executive Director Date: February , 2008 By: Robert B. Bauer, Esq. Severson, Sheldon, Dougherty & Molenda, P.A. 7300 West 147th Street Suite 600 Apple Valley, MN 55124-7580 Attorney for Petitioner 7 Ise Signature Page for Respondent Cedar Grove Properties, LLC Cedar Grove Properties, LLC Date: January , 2008 Bradley Schafer Title: Cedar Grove Properties, LLC Date: January , 2008 Print: Title: Date: January , 2008 By: David Y. Trevor, Esq. Dorsey & Whitney LLP Suite 1500 50 South Sixth Street Minneapolis, MN 55402-1498 Attorney for Respondent, Cedar Grove Properties, LLC 8 Signature Page for Respondent, Southeast Entertainment Enterprise, Inc., d/b/a Grand Slam Sports Date: January, 2008 John VanderArde Title: Date: January , 2008 Elizabeth VanderArde Title: Date: January , 2008 By: Daniel J. Beeson, Esq. LeVander, Gillen & Miller, P.A. 633 South Concord Street Suite 400 South St. Paul, MN 55075 Respondent, Southeast Entertainment Enterprise, Inc., d/b/a Grand Slam Sports 9 Agenda Memo Eagan Economic Development Authority Meeting February 4, 2008 2. CEDAR GROVE REDEVELOPMENT DISTRICT AUTHORIZE PHASE II ENVIRONMENTAL ANALYSIS FOR CORE AREA ACTION TO BE CONSIDERED: To authorize the completion of the Phase II Environmental Analysis for the Core Area of the Cedar Grove Redevelopment District. FACTS: • The City has taken steps to bring about the redevelopment of the Cedar Grove Redevelopment Area, including pubic improvements, environmental reviews, a comprehensive plan and zoning modifications and the execution of development agreements that are resulting in the construction of new private development consistent with the City's plans. • Among the environmental reviews completed to date are a Phase I review of the Cedar Grove Core Area completed on October 17, 2005 and an initial Phase II review completed on April 27, 2006. At that time, the scope of the study was limited to the public property, the properties the City had acquired for redevelopment and the properties whose owners would grant access to their sites. It was noted that to complete the study it would be necessary to review the properties at which access was not granted, at such time as access became available. • With the additional acquisitions of redevelopment properties and the initiation of the eminent domain process for the acquisition of the remainder, staff has requested that Braun Intertec submit a proposal to undertake the additional work at this time. Staff has negotiated the scope of work and reviewed the proposal. The additional work is proposed at a cost not to exceed $92,850. • In addition, with the City Council's authorization, Braun applied for and the City has been granted an Environmental Investigation Grant in the amount of $50,000, which is to be applied to this cost. ATTACHMENTS: • Consultant's Proposal available upon request. Agenda Information Memo Eagan Economic Development Authority Meeting February 4, 2008 F. OTHER BUSINESS There is no other business to come before the EDA at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the Economic Development Authority meeting.