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04/15/2008 - City Council Regular
AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING April 15, 2008 6:30 P.M. 1. 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 f A. APPROVE MINUTES P '"j B. PERSONNEL ITEMS P Gl C. APPROVE Check Registers P ID D. APPROVE Amendment to Contingent Settlement Agreement - Wensmann v. City of Eagan P.14 E. ACCEPT Finance Committee Recommendation regarding the elected officials Out-Of State Travel Policy f 15 F. APPROVE Finance Committee Recommendation Regarding City Development Financial Guarantees f (7 G. APPROVE Ordinance Amendment - Chapter 2.78 (Building Numbers) a~ H. APPROVE Ordinance Amendment - Chapter 10.40 (Recreational Fires and Open Burning) P. n I. APPROVE agreement to allow reciprocal emergency shelter for Lockheed Martin and the Eagan Community Center p in the event either building needs to be evacuated and authorize the Mayor and City Clerk to execute agreement pal J. APPROVE the hiring of Leo A. Daly Architects to prepare plans and specifications for the Civic Arena mezzanine Pad K. ACCEPT grant funding of $600 from Dakota Center for the Arts/Eagan Art Festival as part of their MN 150 mini- grant for art activities at the 2008 Eagan Art Festival L. ACCEPT grant funding up to $2,900 from the Metropolitan Regional Arts Council for a Community Arts Grant P-3-AM. APPROVE Contract for Roof Replacement at Fire Station 3 P.,33 N. RECEIVE Bids and Award Contract 08-03, Citywide Street Improvements .1. IW O. RECEIVE Bids and Award Contract 08-04, Citywide Street Improvements f . ~)-Z P. RECEIVE Bids and Award Contract 08-06, Northwood Parkway (Bridge and Intersection Improvements) Q. APPROVE Maintenance Agreement with MnDOT, Contract 08-06, Northwood Parkway (Bridge and Intersection Improvements) ,p R. APPROVE Plans and Specs & Authorize Ad for Bids, Contract 08-07, Water Reservoir Repainting (Safari and 1 Lexington/Diffley) P~d S. APPROVE Final Subdivision - DG Welding 19,145T. APPROVE Contract Amendment for Verizon Wireless (Deerwood Reservoir) P Oy U. APPROVE Northwoods Equity Purchase Agreement and CDA Joint Powers Agreement .~4r7V. ACCEPT a $500.00 donation from the Rotary Club of Eagan to be used towards the purchase of communication equipment for the Crisis Negotiation Team P4q W. APPROVE Consultant Services Agreement for Telecommunications Site Inventory V. PUBLIC HEARINGS j?GO A. VARIANCE and FINAL PLAT- ABF Addition - A 10' variance to the required building setback of 50' from the public right-away and a Final Plat of 8.02 acres to create one lot located at 2750 Lexington Ave South on Lots 3,4,5 and 6 Plainview Addition in the NW '/4 of Section 02. VI. ORGANIZATIONAL BUSINESS l~ A. ADVISORY COMMISSION APPOINTMENTS FOR 2008-2009 VII. OLD BUSINESS ( A. PLANNED DEVELOPMENT AMENDMENT, FINAL PLANNED DEVELOPMENT AND FINAL PLAT - Eagan Place 3rd Addition - MSP Commercial - A Planned Development Amendment to allow a medical / office building, a Final Planned Development of 3.39 acres for a medical / office building and a Final Plat of 3.39 acres located at 1225 Town Centre Drive on Lots 2 & 3, Block 1, Eagan Place 2nd Addition in the NE'/4 of Section 15. VIII. NEW BUSINESS A. COMPREHENSIVE GUIDE PLAN AMENDMENT, PLANNED DEVELOPMENT AMENDMENT - Select Senior Living of Eagan - Yankee Doodle Properties - A Comprehensive Guide Plan Amendment from Medium Density to High Density and a Planned Development Amendment to allow an assisted living facility located on Lots 1 and 2, Block 1, Terra Glenn 3rd Addition in the NW i/4 of Section 16. ILq B. PETITION - Consider petition of Eagan Charter Commission members to compel the Eagan Charter Commission to convene a Special Meeting on April 30, 2008. IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE X. ECONOMIC DEVELOPMENT AUTHORITY A. Call to Order B. Adopt Agenda C. Consent Agenda 1. APPROVE minutes of the April 1, 2008 EDA meeting D. Old Business E. New Business 1. CEDAR GROVE REDEVELOPMENT DISTRICT - Authorize Submittal of an Action Plan and Grant Application for Environmental Remediation of the Former Shell Station, 3830 Sibley Memorial Highway F. Other Business G. Adjourn XI. ADMINISTRATIVE AGENDA / COUNCIL COMMENTS XII. VISITORS TO BE HEARD (for those persons not on agenda) XIII. CLOSED SESSION XIV. 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. tj e . City of Ema TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: APRIL 11, 2008 SUBJECT: AGENDA INFORMATION FOR APRIL 15, 2008 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the April 15, 2008 City Council agenda, the following items are in order for consideration. l Agenda Information Memo April 15, 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 April 1, 2008 regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the April 1, 2008 regular City Council meeting are enclosed on pages through Ile- MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota April 1, 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 Tuesday, April 1, 2008 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Carlson, Fields, Bakken, and Tilley. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, City Engineer Russ Matthys, City Attorney Mike Daugherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA City Administrator Hedges noted an addition to the Administrative Agenda regarding a recommendation by the Finance Committee regarding the Northeast TIF District. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the agenda as amended. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATIONS There were no recognitions or presentations. CONSENT AGENDA Councilmember Bakken 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 March 18, 2008 regular City Council meeting and as presented. B. Personnel Items 1. It was recommended to approve the hiring of Kevin Stevenson and Tyler Gage as seasonal park laborers. 2. It was recommended to approve the hiring of Kathryn Merkley as a seasonal park attendant. 3. It was recommended to approve the hiring of Geoff Cleveland as a seasonal ballfield attendant. 4. It was recommended to ratify the collective bargaining agreement with the Police Officers bargaining unit (Law Enforcement Labor Services, Inc.) for 2008, 2009, and 2010. 5. It was recommended to approve the termination of Jean Babic, Custodian. C. It was recommended to ratify the check registers dated March 13, 2008 and March 20, 2008 as presented. D. It was recommended to approve the plaintiffs' supplemental agreement pertaining to distribution of legal fees, dispute resolution and the technical advisory committee in the settled litigation versus the Metropolitan Airport Commission. E. It was recommended to adopt a resolution approving a Premise Permit renewal for the Eagan Athletic Association to conduct a charitable gambling operation at Al Baker's Restaurant, 3434 Washington Drive. F. It was recommended to approve a Tree Maintenance Contractor License for Branch and Bough Tree Service and Landscape Care. G. It was recommended to set a public hearing for May 6, 2008 to consider the final assessment of the delinquent false alarm bills and certify them to Dakota County for collection with property taxes. H. It was recommended to set a public hearing for May 6, 2008 to consider the final assessment of the delinquent weed cutting bills and certify them to Dakota County for collection with property taxes. 1. It was recommended to set a public hearing for May 6, 2008 to consider the final assessment of the delinquent board up bills and certify them to Dakota County for collection with property taxes. J. It was recommended to set a public hearing for May 6, 2008 to consider the final assessment of the delinquent debris removal bills and certify them to Dakota County for collection with property taxes. K. It was recommended to approve an on-sale liquor and Sunday License for Blazin Wings, Inc. dba Buffalo Wild Wings Grill and Bar located at 1280 Promenade Place. 13 Eagan City Council Meeting Minutes April 1, 2008 t Page 2 ~ i AFT L. It was recommended to declare miscellaneous City property to be surplus and authorize its disposition. M. It was recommended to receive bids for Contract 08-05 (2008 City-Wide Sanitary Sewer Lining), award the contract to Visu-Sewer Clean & Seal, Inc. for the Base Bid in the amount of $123,500.00 and authorize the Mayor and City Clerk to execute all related documents. N. It was recommended to approve a resolution requesting the Minnesota Commissioner of Transportation's approval of the designation of various existing street segments, and the removal of some currently designated street segments, on the City of Eagan's Municipal State Aid (MSA) roadway system. 0. It was recommended to set a public hearing for May 6, 2008 to consider the final assessment of the delinquent utility bills and certify them to Dakota County for collection with property taxes. P. It was recommended to approve Tree Maintenance Contractor License for Asplundh Tree Expert Company. PUBLIC HEARINGS There were no public hearings. OLD BUSINESS There were no old business items. NEW BUSINESS CONDITIONAL USE PERMIT AND FINAL PLAT - AEROSPACE WELDING City Administrator Hedges introduced this item regarding a Conditional Use Permit to allow outside storage of tanks for argon and nitrogen, and a final plat to create one lot on property located at 1045 Gemini Road. City Planner Ridley gave a staff report. Councihnember Bakken moved, Councihnember Fields seconded a motion to approve a Conditional Use Permit to allow outside storage of tanks for argon and nitrogen on property located at 1045 Gemini Road, legally described as Lots 24, 25, and 26, Block 5, Eagandale Center Industrial Park No. 3 in the NW '/4 of Section 11, subject to the following conditions: Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. The applicant shall replat the parcels into one lot. 3. The two tanks for argon and nitrogen shall be of the size and located as shown on the Site Plan received February 20, 2008. 4. Bollards shall be installed as a protective barrier around the tanks. 5. Trash dumpsters shall be relocated inside the building or within an enclosure constructed in conformance with the City Code by September 1, 2008. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Final Plat to create one lot located at 1045 Gemini Road, legally described as Lots 24, 25 and 26, Block 5, Eagandale Center Industrial Park No. 3 in the NW '/4 of Section 11. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT AND FINAL PLANNED DEVELOPMENT - POSTAL CREDIT UNION City Administrator Hedges introduced this item regarding a Planned Development Amendment and Final Planned Development to allow a credit union with drive-through service and a pylon sign on property located at 3225 Denmark Avenue. City Planner Ridley gave a staff report. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment and a Final Planned Development to allow a credit union with drive-through service and a pylon sign on property located at 3225 Denmark Avenue legally described as Lot 2, Block 1, Olson-Burger Addition, in the SW '/4 of Section 10, subject to the following conditions: Aye: 5 Nay: 0 4 Eagan City Council Meeting Minutes April 1, 2008 Page 3 1. A Final Planned Development shall be required and an agreement shall be prepared and recorded at the Dakota County Recorder's Office prior to issuance of a building permit. The following plans are required for the Final Planned Development: a. Final Site Plan b. Final Building Elevations c. Final Landscape Plan d. Final Signage Plan e. Final Site Lighting Plan 2. The base of the monument sign shall be constructed of the same brick and cast stone to match the principal structure. 3. All rooftop and ground mounted mechanical equipment shall be screened from views from off the property consistent with City zoning ordinances. 4. Trash storage shall be located within an enclosure attached to the northwest corner of the building. The enclosure shall be constructed of materials to match the principal building. 5. The applicant shall provide information regarding canopy lighting to ensure sufficient light levels in that area to provide safety and security, without creating glare or nuisance to the public way or adjacent properties. 6. All site lighting shall be downcast and shielded such that the source of light is not visible from off the property. Lighting and lenses beneath the canopy shall be flush with the underside of the canopy so as not to create glare or nuisance to the public way or adjacent properties. 7. The proposed rain gardens on site shall be installed according to the guidance of the MN Pollution Control Storm Water Manual, and overseen and inspected by City staff at time of installation. 8. The developer shall enter into a maintenance agreement, in a form acceptable to the City Attorney, providing for the long-term maintenance of these rain gardens. 9. The proposed exit-only driveway shall be limited to 18 feet in width, with exit-only signage provided. 10. The developer shall be responsible for relocating the existing street light on Denmark Avenue to accommodate the development's new driveway access. 11. The developer shall be responsible for obtaining a MNDOT drainage permit for the proposed storm water discharge from the development onto I-35E right-of-way. 12. This development shall be responsible for cash parks and trails dedications to be paid at the time of building permit at the rates then in effect. PLANNED DEVELOPMENT AMENDMENT, FINAL PLANNED DEVELOPMENT AND FINAL PLAT MSP COMMERCIAL City Administrator Hedges noted that a request has been made to continue this item. Councilmember Fields moved, Councilmember Bakken seconded a motion to continue consideration of the request for Planned Development Amendment, Final Planned Development and Final Plat for a two-story medical/office building on 3.39 acres located south of Best Buy on Town Centre Drive, legally described as Lots 2 and 3, Block 1, Eagan Place 2nd Addition in the NE 1/4 of Section 15, to the April 15, 2008 City Council meeting. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. The regular City Council meeting was recessed at 6:40 p.m. to immediately convene a meeting of the Economic Development Authority. The regular City Council meeting was reconvened at 6:45 p.m. ADMINISTRATIVE AGENDA Community Development Director Hohenstein discussed the need for a public hearing to consider the decertification of a portion of Northeast Eagan TIF District 2-4 and the possible creation of a new TIF District 2-5. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a resolution to schedule a public hearing to consider TIF District 2-4 and Prospective TIF District 2-5 for June 3, 2008. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes April 1, 2008 Page 4 VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Bakken moved, Councilmember Fields seconded a motion to adjourn the meeting at 6:50 p.m. Administrative Secretary / Deputy City Clerk Date 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. `~G Agenda Information Memo April 15, 2008 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Seasonal Park Laborers-- ACTION TO BE CONSIDERED: To approve the hiring of Jacob Loesch, Ryan Neumann, Kevin Weber and Robert Rausch as seasonal park laborers. Item 2. Seasonal Park Attendants-- ACTION TO BE CONSIDERED: To approve the hiring of Richard LeMay, Megan Grouws and Leah Ehret as seasonal park attendants. Item 3. Seasonal Ballfield Attendants-- ACTION TO BE CONSIDERED: To approve the hiring of Joseph Carchedi and Craig Spande as seasonal ballfield attendants. Item 4. Seasonal Customer Service Assistant-- ACTION TO BE CONSIDERED: To approve the hiring of Adam Nelson as a seasonal customer service assistant. Item 5. Part-time Seasonal Custodians-ECC-- ACTION TO BE CONSIDERED: To approve the hiring of Christopher Klawiter and Gary Royal as a part-time seasonal custodians at the Community Center. Item 6. Resignation/Custodian-Civic Arena-- ACTION TO BE CONSIDERED: To accept the letter of resignation from Anastasia Fleisher, Custodian at the Civic Arena. Agenda Information Memo April 15, 2008 Eagan City Council Meeting Item 7 Job Title Change/Fire Department-- ACTION TO BE CONSIDERED: To approve a change of the job title from Commander of Fire Prevention Services to Deputy Fire Chief. This request does not include a change to the current salary. Agenda Information Memo April 15, 2008 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated March 27, 2008 and April 3, 2008 as presented. ATTACHMENTS: • Check registers dated March 27, 2008 and April 3, 2008 are enclosed without page number. Agenda Information Memo Eagan City Council Meeting Consent Agenda April 15, 2008 APPROVE AMENDMENT TO CONTINGENT SETTLEMENT 'AGREEMENT - WENSMANN V. CITY OF EAGAN ACTION TO BE DISCUSSED: To approve an amendment to the Contingent Settlement Agreement regarding the Wensmann v. City of Eagan matter to clarify the nature of the land use and zoning applications to be considered by June 20, 2008. FACTS: • Through mediation and Council action, the City has entered into a Contingent Settlement Agreement with the plaintiffs in the Wensmann v. City of Eagan lawsuit. Among the terms of the settlement agreement is an obligation by the developer to submit a land use and zoning application on or before April 16, 2008 and for the City to take an action on the application no later than June 20, 2008. • As staff and the attorneys for the City and developer reviewed the specific applications that will need to be considered prior to possible construction on the site, it became necessary to clarify which actions would need to occur on or before the June 20 date. • Attorneys for the developer and those for the City have agreed to clarification language that is included in the attached Amendment to the Stipulation. • While further explanation is included in the City Attorney's memo, since this matter remains in litigation, if any Councilmember has questions regarding this matter, the Council may recess to executive session for discussion in advance of this action. If not, the matter is in order for consideration at this time. ATTACHMENTS: • City Attorney's memo on page • Amendment to Settlement Agreement on pages_ through ~D SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. TO: Tom Hedges, City Administrator FROM: Michael G. Dougherty, City Attorney DATE: April 9, 2008 RE: Wensmann/Rahn v. City of Eagan Lawsuit Our File No. 206-23022 Attorneys for the Plaintiffs and George Hoff, the attorney for the City of Eagan, have agreed to an amendment to the Contingent Settlement Agreement that was previously approved by the City Council in the lawsuit regarding the former Carriage Hills Golf Course. The amendment is to clarify the applications to be submitted by Wensmann Realty for action by the City Council and acknowledges that certain reviews will be conducted at a later date, if the property is ultimately to be developed. I believe the amendment conforms to the understanding of all of the parties and the counsel at the mediation and request that you place the same on the next Council agenda for approval. If you have any questions, please be in contact with me. I STATE OF MINNESOTA DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT Wensmann Realty, Inc. a Court File No: 19 C4-04-10035 Minnesota corporation, and Rahn Family LP, a Minnesota Limited Partnership, Plaintiffs, V. AMENDMENT TO CONTINGENT SETTLEMENT AGREEMENT City of Eagan, a Minnesota municipal corporation, Defendant. THIS AMENDMENT TO THE CONTINGENT SETTLEMENT AGREEMENT dated March 14, 2008, between the parties to the above-captioned lawsuit (hereinafter called the "Amendment") is made and entered into by and between Plaintiffs Wensmann Realty, Inc. and Rahn Family LP ("Plaintiffs") and Defendant City of Eagan ("City"). RECITALS A. The City and Plaintiffs entered into a Contingent Settlement Agreement dated March 14, 2008, in settlement of the above-captioned lawsuit. B. Pursuant to Paragraph 4 of the Contingent Settlement Agreement, Plaintiffs or their representatives are required to prepare and submit to the City applications for amendment to the Comprehensive Plan for a Special Area Plan, rezoning and Preliminary Planned Development for the property described in the Contingent Settlement Agreement. Since the date of the Contingent Settlement Agreement, the parties have determined that all of the application steps called for by Paragraph 4 should not be undertaken prior to the occurrence of the bond referendum. NOW THEREFORE, for good and valuable consideration, receipt and sufficiency of which are hereby acknowledged, the City and Plaintiffs agree as follows: AMENDMENT. The parties agree that Paragraph 4 of the Contingent Settlement Agreement shall be amended to read as follows: G:\W PDATA\3200-215\pleading2\Amd2 St18403.doc 4. Application. Plaintiffs or their representatives will prepare and submit to the City, in the form and manner required by City Ordinances, an application for amendment to the Comprehensive Plan for a Special Area Plan and rezoning to Planned Development consistent with Exhibit C (the "Application"). The Application shall be submitted to the City for approval by April 16, 2008. Plaintiffs shall pay all normal fees in connection with the Application. If the City approves the foregoing Application and the bond referendum is not approved, the Plaintiffs shall make applications for subsequent approvals required by City Code or other applicable regulations, including without limitation, environmental review, preliminary and final plat and Planned Unit Development, and shall comply with all City Code requirements and pay required fees, but Plaintiffs shall not be required to dedicate land or pay cash under the park dedication statute other than as shown on Exhibit C. The City's failure to place the bond referendum on the November, 2008 ballot shall have the same effect as the voters not passing the referendum. RATIFICATION. Except as expressly amended hereby, the Contingent Settlement Agreement remains unmodified and in full force and effect. IN WITNESS WHEREOF, each party to this Agreement has caused it to be executed on the date indicated below: WENSMANN REALTY, INC. Dated: By: Its: RAFT FAMILY L.P. Dated: By: Its: 2 Dated: Anthony J. Gleekel (4185395) William Christopher Penwell (#164857) SIEGEL, BRILL, GREUPNER, DUFFY & FOSTER P.A. 100 Washington Ave. South Suite 1300 Minneapolis, MN 55401 Attorneys for Plaintiffs Wensmann Realty, Inc. and Rahn Family LP CITY OF EAGAN Dated: By: Its: Mayor Attest: City Clerk Dated: George C. Hoff (#45846) Justin L. Templin (#0305807) HOFF, BARRY & KOZAR, P.A. 160 Flagship Corporate Center 775 Prairie Center Drive Eden Prairie, W 55344 tel: (952) 941-9220 and John M. Baker (#174403) GREENE ESPEL, P.L.L.P. 200 S. Sixth Street, Suite 1200 Minneapolis, MN 55402 (612) 373-0830 Attorneys for Defendant City of Eagan 3 ) q Agenda Information Memo April 15, 2008 Eagan City Council Meeting E. ACCEPT FINANCE COMMITTEE RECOMMENDATION REGARDING THE ELECTED OFFICIALS OUT-OF-STATE TRAVEL POLICY ACTION TO BE CONSIDERED: To accept the Finance Committee recommendation regarding the Elected Officials Out-of-State Travel Policy. FACTS: • At the June 12, 2007 City Council Workshop the Finance Committee was directed to review other cities' practices re: "conference requests outside of budget process." • Eagan's Elected Officials Out-of-State Travel Policy consists of three components, including: 1) the City's overall training policy; 2) the City's Travel Regulations & Reimbursement Policies; and 3) inclusion of specific conferences in the approved annual operating budget. • The Finance Committee met on April 1, 2008 and is providing the following recommendation to the City Council: 1. That the Policy not be changed at this time. This continues the practice that if a Councilmember would like to request attendance at a conference not included in the budget, that request can be brought before the City Council for individual consideration. 2. That additional consideration be given to policy changes and implementation options during the 2009 budget process. ATTACHMENTS: (None) Agenda Information Memo Eagan City Council Meeting Consent Agenda April 15, 2008 F. FINANCE COMMITTEE RECOMMENDATION FOR FINANCIAL GUARANTEES POLICY ACTION TO BE DISCUSSED: To approve a resolution to require financial securities for development projects to be issued by established financial institutions with branches in Minnesota. FACTS: • The City requires financial securities to insure the completion of a variety of conditions of development agreements. These may be in the form of cash deposits, bonds and/or letters of credit. • In the past, the City has preferred that the third party securities be issued by banks or other established financial institutions, to insure adequate backing of the instrument, and that the issuers have branches in Minnesota, to permit the security to be drawn on in person locally if it becomes necessary. The City Attorney routinely includes language to this effect in development agreements. • During the last residential building boom, the City encountered a small number of situations in which the developer asked to be permitted to provide a financial security from a smaller, specialized finance company. Staff and the City Attorney were concerned that, in the event of a default by the developer, collecting on financial securities from small, new, unregulated finance companies could present substantial challenges. While the City has not had to draw on letters of credit from those companies to date, staff and the City Attorney believe that there is sufficient concern to bring the matter to the attention of the Committee and Council. • Research of other growth communities found that most had similar concerns about the collectability of such securities and that some had implemented specific policies to make the preference for established institutions with local branches a formal requirement. • While the challenges in the current credit market have resulted in the contraction of small, unregulated finance companies and the City has not had such a request in the last two years, the issue may come up again when the development market improves. • The issue of the presence of a local branch comes up occasionally, when a developer has primary relationships with banks outside of the state, but most national developers also have some relationship with one or more of the national banks, most of whom do have branches in the state, so this has become less of an issue over time. When it has been raised, staff and the City Attorney have typically been able to reach some accommodation on a case by case basis. • While it is unlikely that the developers who are credit worthy in the current environment would pursue such options now, the Committee may wish to discuss whether to solicit input from the development community in this regard prior to Council action. Alternatively, in light of the general tightening of the credit market in response to the mortgage crisis, this may be viewed as a prudent step for the City to take and, if variances to the policy are requested in the future, they can be addressed on a case by case basis. • At its meeting on April 1, 2008, the Finance Committee recommended approval of the attached resolution to formalize this policy. ATTACHMENTS: • Resolution to adopt policy on page 1 JZ- CITY OF EAGAN A RESOLUTION TO APPROVE GUIDELINES FOR FINANCIAL GUARANTEES OF DEVELOPMENT AGREEMENTS WHEREAS, the City of Eagan requires financial securities to ensure the completion of a variety of conditions of development agreements; and WHEREAS, the quality of such financial securities is affected directly by the nature, capacity and reliability of the entity which issues it and the ease with which it may be cashed by the City; and WHEREAS, the City of Eagan has had a past practice of requiring that financial securities be issued by a financial institution with a branch in the Twin Cities Metropolitan Area and the City would benefit by formalizing that practice as a policy: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Minnesota, that a it shall be the policy of the City to accept letters of credit and financial guarantees from a bank, savings association or credit union that is licensed to conduct the business of making loans or extending credit within the state of Minnesota and that has a business office for presentment of the letter of credit within the Minnesota seven-county metropolitan area; and BE IT FUTHER RESOLVED that if the bank, savings association or credit union does not have a business office for presentment of the financial guarantee within the Minnesota seven-county metropolitan area, the financial guarantee must state that it may be accepted via facsimile. ADOPTED by the Council this 15ffi Day of April, 2008. Mike Maguire, Mayor ATTEST: Maria Petersen, City Clerk Agenda Memo April 15, 2008 Regular City Council Meeting Consent Agenda G. ORDINACE AMMENDMENT- CHAPTER 2.78 (BUILDING NUMBERS) ACTION TO BE CONSIDERED: To approve changes to the City Code, Chapter 2.78 to update and clarify building addressing regulation and direct the City Attorney to publish the changes in the City of Eagan's official newspaper. FACTS: • City Code, Chapter 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. • The City Council previously authorized the preparation of a City Code amendment to clarify aspects of this Code section. • 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. • The modifications have been reviewed and approved by the City Attorney. ATTACHMENTS: • Enclosed on pages through is a copy of the proposed ordinance amendment. ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TWO ENTITLED "ADMINISTRATION AND GENERAL GOVERNMENT" BY AMENDING SECTION 2.78 REGARDING BUILDING NUMBERS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 2.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Two is hereby amended by amending Section 2.78 to read as follows: Sec. 2.78. Building numbers. Subd. 1. Building numbers required. The owner or occupant of any building fronting upon any street or- a-vei+ue shall place and maintain on the front thereef of the building the proper building number assigned by the city. Subd. 2. Posting. The building number shall be conspicuously posted in a location on the front of the building ^r- on ° btti ding esser- , so as to be readily identifiable for all purposes. The building number shall be placed in the upper corner of the building, if possible, so as to be clearly seen from the street, or at or near the building entrance in such a suitable location that it can be clearly seen from the street. Subd. 3. Specifications. A. The building number shall be clearly displayed, of a color in contrast with the color of the building to which it is attached, in such a manner that the number may be easily and clearly seen and read during all hours of the day, including during the hours of darkness, from the public street. B. Numbers shall be displace with a minimum height of n mbefs at twee four inches for residential structures. C. and six inches for- m-uhip' ° dwelling an On multi-tenant or commercial structures:, numbers shall be displayed with a minimum height of 12 inches for single story buildings, 18 inches for two story buildings, and 24 inches for three or more story buildings. D. On multi-tenant commercial structures, rear entry access doors must display the tenant business name and unit number, address of the commercial space, or indicate access doors to mechanical, electrical or sprinkler rooms. The letters and numbers shall be a minimum 3 inches in height Subd. 4. Definitions. A. The term "front of the building" shall be defined as the side of the building facing the street to which the building is addressed. Section 2. Eagan City Code Chapter I entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 2.99, 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: 1~ Agenda Memo April 15, 2008 Regular City Council Meeting Consent Agenda: H. ORDINACE AMENDMENT - CHAPTER 10.40 (RECREATIONAL FIRES AND OPEN BURNING) ACTION TO BE CONSIDERED: To approve changes to City Code Chapter 10.40 to regulate recreational fires, prohibit barbecues on balconies in certain situations, and to regulate open burning and direct the City Attorney to publish the ordinance amendment in the City of Eagan's official newspaper. FACTS: • The City Council previously authorized the preparation of a City Code amendment to address these situations. • 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. Staff and the City Attorney's office have formalized these standards in the proposed changes to the City Code. • While reviewing this code for updates it was learned that Eagan is one of the few Cities in Dakota County that has not adopted the International Uniform Fire Code prohibiting barbecues on balconies or patios of multifamily dwellings of more than three attached units. Subd. 6 Section C would now prohibit such activity. o One of Eagan's largest dollar loss apartment fires was the result of barbecues on a balcony of the apartment building. o Many Eagan apartments already prohibit the use of barbecues through their own in-house rules and the fire department has received requests from citizens to ban barbecues from balconies of apartment buildings due to safety concerns. o The Fire Marshal and Inspector have been working with the Crime Free Multi-Housing Collation regarding the implementation of this proposed ordinance. o This particular section would apply to any structure containing three (3) or more dwelling units that have a common hallway or shared means of egress. CZD o The Fire Marshal polled neighboring communities and could not find any communities that allow barbecues on balconies of multifamily units. o Therefore, the code amendment presented has also incorporated an adoption of this portion of the IFC. • The modifications have been reviewed and approved by the City Attorney. ATTACHMENTS: • Enclosed on pages o~ oR through Q'S L'p is a copy of the proposed ordinance amendment. ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TEN ENTITLED "PUBLIC PROTECTION, CRIMES AND OFFENSES" BY AMENDING SECTION 10.40 REGARDING RECREATIONAL FIRES AND OPEN BURN PERMITS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Ten is hereby amended by adding Section 10.40, Subdivisions 6 and 7, to read as follows: Subd. 6 Recreational Fires. A. Purpose. The purpose of this subdivision is to establish regulations for recreational fires within the City, thereby furthering the prevention and control of fires and fire hazards. B. Requirements for recreational fires. All recreational fires on private and public property shall comply with the following requirements: 1. Fires must be a minimum of twenty-five (25) feet from all combustible materials (i.e. dwellings and structures, decks, fences, etc.) 2. All fires shall be contained within a fire pit, fire bowl, chimeneas, or any other free-standing container manufactured for the sole purpose of recreational fires. 3. Fire pits shall be constructed of and completely surrounded by non- combustible materials, and shall be located a minimum of ten (10) feet from all property lines. 4. Fire bowls, chimeneas, and all other free-standing fire containers must comply with all regulations herein. 5. The size of the fire shall not exceed 3'x 3' x3'. o~ 6. Only clean, unpainted, and untreated wood or cooking charcoal may be burned. 7. Chemically treated products and yard waste, including but not limited to chemically treated fireplace logs; treated, painted, stained or glued woods such as plywood or particle board; leaves, grass clippings or garden vegetation, shall not be burned. 8. No fire shall be allowed if winds are greater than 15 miles per hour. 9. A garden hose attached to a water supply or other approved fire extinguishing ishing device shall be readily available at the location of the recreational fire. 10. The fire must be attended at all times by a person over 18 years in age. 11. The fire must be extinguished if it becomes offensive to others or if not under supervision by an adult. 12. All fires are subject to extinguishment at the direction of the Fire or Police Department. C. Standards for fires or barbecues on balconies or patios. All fires or barbecues on balconies or patios shall comply with the following: 1. For any structure containing three (3) or more dwelling units that have a common hallway or shared means of egress, no person shall kindle, maintain, or cause any fire or open flame on any balcony above ground level, or on any ground floor patio within fifteen (15) feet of a structure. 2. No person shall store or use any fuel, barbecue torch or other similar heating or lighting chemical or device on any balcony above ground level, or on any ground floor patio within fifteen (15) feet of a structure. 3. Listed electric or gas fired barbecue grills that are permanently mounted and wired or plumbed to the building's gas supply or electrical system and that maintain a minimum clearance of eighteen 18) inches on all sides, unless listed for lesser clearances, may be installed on balconies and patios when approved by the fire chief. D. The term "recreational fire" shall mean an outdoor wood burning fire conducted in compliance with the regulations set forth in this subdivision and done so for the sole purpose of recreational pleasure and not for the purpose of destroying or disposing of refuse, garbage, brush, yard waste or any other item except clean, unpainted, and untreated wood or cooking charcoal may be burned. Subd. 7. Open Burning A. Purpose. The purpose of this subdivision is to establish regulations for open burning fires within the City, thereby furthering the prevention and control of fires and fire hazards. This Subdivision establishes permitted categories of open burn events within the City and provides a permit process for open burning that does not constitute recreational fires. B. Requirements or open burning. All open burning fires on private and public property shall comply with the following requirements: 1. No person shall start or allow any fire on any property in the City of Eagan that does not comply with the recreational fire requirements in this Section unless the person first obtained an open burn permit. 2. Open burning permits shall be obtained by making application for approval to the City of Eagan Fire Chief, Fire Marshal Fire Inspector, or Fire Official on a form prescribed by the Department of Natural Resources (DNR) and adopted by the Eagan Fire Department. The location is subject to a preliminary site inspection to locate the proposed burn site, note any special conditions necessary for the permit, review fire safety considerations, and set dates and times of permitted burn. If established criteria for the issuance of an open burning permit are not met during review of the application or it is determined that a practical alternative method for disposal of the material exists or a pollution or nuisance condition would result, or if an open burn event safety plan cannot be drafted to the satisfaction of the Fire Chief, Fire Marshal, Fire Inspector or Fire Official, the application for the open burn permit may be denied. 3. A minimum of five (5) acres is required to obtain an open burn permit, and the open burn must be a minimum of 300' from all combustible materials (i.e. dwellings and structures 4. The permit holder shall be at and attending to the open burn at all times. The open fire shall be completely extinguished before the permit holder or his/her representative leaves the site. No fire may be allowed to smolder without the permit holder or his/her representative present on the site. 5. The open burn site shall have available appropriate communication and fire suppression equipment as set forth in the fire safety plan in case of an emergency. 6. The permit holder shall have the valid permit available for inspection by the Police Department, Fire Department, MPCA or DNR Forest Officer on the open burn site. 7. 'No permits will be issued when the DNR has officially declared a burning ban due to potential hazardous fire conditions or when the MPCA has declared an Air Quality 8. The permit holder shall comply with and implement all special conditions noted on the permit and conditions of the burn event safety plan as established. The permit holder shall be responsible for all costs incurred as a result of the burn, including but not limited to city fire suppression and administrative costs and fees incurred in connection with the open burn. 9. The open burning permit is subject to revocation at the discretion of the Fire Chief, Fire Marshal, Fire Inspector, Fire Official, Police Department, MPCA, or DNR Forest Officer. Reasons for revocation may include but are not limited to a fire hazard existing or developing during the course of the burnt any of the conditions of the permit are violated during the course of the burn; a pollution or nuisance condition developed during the course of the burn, or a fire smoldering with no flames present. C. Open Burn Permits. Open burning _permits will be allowed only for the elimination of health hazards, by fire, that cannot be abated by other practical means; ground thawing for utility repair and construction; disposal of vegetative material for managing forest, prairie or wildlife habitat; and in development and maintenance of land and right-of-way where chipping_ composting, land spreading or other alternative methods are not possible or practical; disposal of diseased trees generated on site; disposal of diseased or infected nursery stock; and fire training that is permitted by the MPCA. O~ Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 10.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 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: Agenda Memo April 15, 2008 City Council Meeting I : APPROVE agreement to allow reciprocal emergency shelter for Lockheed Martin and the Eai4an Community Center in the event either buildinI4 needs to be evacuated and authorize the Mayor and City Clerk to execute agreement ACTION TO BE CONSIDERED: Approve an agreement between Locldleed Martin and the City of Eagan to allow reciprocal emergency shelter in the event either building needs to be evacuated and authorize the Mayor and City Clerk to execute the agreement FACTS: • Shortly after the Eagan Community Center was occupied, Lockheed Martin requested the use of the ECC as a temporary emergency shelter in the event their building needed to be evacuated. • Initially an informal agreement was outlined that provided for the temporary emergency shelter. • Locldleed Martin and City of Eagan staff felt it was appropriate to formalize this arrangement so that the contact information and agreement was current. • Attorneys from Lockheed Martin and the City of Eagan have reviewed the agreement and are comfortable that it meets the needs of both agencies. • It is likely that subsequent agreements may be drafted with Unisys and NWA as they coordinate their emergency evacuation plans also. ISSUES: • Letter of Agreement on Page. a-7 CITY OF EAGAN COMMUNITY CENTER/LOCKHEED MARTIN MS2 TACTICAL SYSTEMS - (EAGAN) LETTER OF AGREEMENT REV. 01 04/01/08 Subject: Use of Lockheed Martin Building/Eagan Community Center Facilities for emergency shelter In the event of an extended evacuation of the Eagan Community Center or Lockheed Martin facility due to a building disaster or other emergency, the City of Eagan, and Lockheed Martin mutually agree to allow employees and guests or visitors temporary access to Eagan Community Center or Lockheed Martin facility until such employees and guests or visitors can re-enter the affected facility or secure transportation home. Eagan Community Center employees and guests may use the North entrance to the Lockheed Martin facility, and Lockheed Martin employees and visitors may use the main entrance to the Eagan Community Center. The Eagan Community Center's Acting Emergency Coordinator (AEC) or designated alternate will call Lockheed Martin's 24 hour Security Command Center at 651-456-2101/4812 to inform Lockheed Martin Security officers of a building disaster or other emergency and to discuss the sheltering of the Eagan Community Center employees and guests at the Lockheed Martin facility. If able to provide shelter, Lockheed Martin's Command Center staff will make the appropriate internal calls to discuss arrangements to provide Eagan Community Center employees and guests with emergency shelter at the Lockheed Martin facility. Lockheed Martin's Crisis Management Team Lead (CMT) or designated alternate will contact the Eagan Community Center main desk 651-675-5550 to inform the Eagan Community Center Staff of a building disaster or other emergency and to discuss the sheltering of Lockheed Martin employees and visitors at the Eagan Community Center. If able to provide shelter, the Eagan Community Center's staff will make the appropriate calls to provide Lockheed Martin employees and visitors with emergency shelter at the Eagan Community Center. Neither Lockheed Martin nor the City of Eagan shall be liable under this agreement for any consequential, incidental, or special (including multiple or punitive) damages of any kind. Absent willful and wanton or reckless acts or omissions on the part of a Party, each Party agrees to hold the other harmless against any claims whatsoever resulting from its performance of its duties under this agreement. This agreement is contingent upon space being available in the non-affected facility at the time of the building disaster or other emergency situation in the affected facility. Both parties understand the need to act upon the request of the other in a timely manner and will attempt to accommodate a request for emergency shelter. Mike Maguire, Mayor Michael N. E schens City of Eagan gacitities Engineering Senior _'Alanager .Cockheed-Martin 7acticaCSystems- Eagan Maria Petersen, City Clerk Date City of Eagan CC: Eagan Community Center Parks and Recreation Lockheed Martin Security and Emergency Services ag Agenda Memo April 15, 2008 City Council Meeting J : APPROVE the hiring of Leo A Daly Architects to prepare plans and specifications for the Civic Arena mezzanine. ACTION TO BE CONSIDERED: Approve the hiring of Leo A Daly architects to prepare plans and specifications for the Civic Arena mezzanine. FACTS: • The City of Eagan has been investigating opportunities to make enhancements to the mezzanine level of the Civic Arena for several years. • Civic Arena staff has surveyed and solicited input from building users to determine the best and highest use for this space. Although the ideas were varied and diverse, staff wanted to also preserve the opportunity to capture changing revenue opportunities. • The Eagan Hockey Association expressed a desire to continue financial support for enhancements to the building given the fact that they made their last payment for the financial commitment to the construction of the east rink in 2007. • In February 2008 the Finance Committee reviewed three enhancement options brought forward by the Eagan Hockey Association; one which included dry land training space in the mezzanine. • Staff was given direction to follow up with an architect to get preliminary estimates to enclose the mezzanine and define how this space might be used. • The original architect that designed both the west and east area was contacted. After meeting with staff they have provided preliminary information to enclose the mezzanine area to provide a multi-use space that not only accommodates dry land training but offers programmatic opportunities and private rentals. The space would remain available for viewing public hockey games as well. • The very preliminary cost for this project is estimated between $250,000-300,000. • In order to get more detailed costs, the architects would need to be hired to complete plans and specifications, which would prepare the City of Eagan to proceed with bids should the City Council make that determination. The projected cost for preparing plans and specifications and taking this project through construction would be approximately $12,800. • Should this project proceed, the mezzanine could be completed by mid-August when the building is the least busy. • At this point there has not been a defined funding source for this project. Agenda Memo April 15, 2008 City Council Meeting K. AUTHORIZE acceptance of funding from Dakota Center for the Arts/Eagan Art Festival as part of their MN150 mini-grant for art activities at the 2008 Eagan Art Festival. ACTION TO BE CONSIDERED: Authorize the acceptance of up to $600 from the Eagan Art Festival in collaboration of activities for the MN150 grant received by the festival board. FACTS: • Minnesota will be celebrating is Sesquicentennial in 2008. Dakota Center for the Arts received grant funding of $1,000 for activities at the 2008 Eagan Art Festival. • The City Council gave approval to apply for this grant at their December 18, 2007 meeting. • The grant will fund activities highlighting Minnesota book artists. Activities will include a storyteller and hands-on art activities. • The art activities, coordinated by the Eagan Art House, will include bookmaking and kite making activities in the children's art tent. Additional book arts activities for all ages will take place in the "Art ...Be a Part" tent. ISSUES: • None 3v Agenda Memo April 15, 2008 City Council Meeting L. AUTHORIZE acceptance of a Lrant fundin14 from the Metropolitan Regional Arts Council for a Community Arts Grant. ACTION TO BE CONSIDERED: Authorize the acceptance of $2,900 of grant fiinding. FACTS: • Metropolitan Regional Arts Council has granted the City of Eagan Parks and Recreation $2,900 for Community Arts projects. The grant is awarded with a dollar to dollar match, with 25% in cash. • The City Council authorized the application of this grant at their December 2, 2007 meeting. • The grant will fund summer arts programming to include: ■ "Art... Be a Part" tent at the Eagan Art Festival. This tent will offer on-going workshops, demonstrations and hands-on activities for all ages. This is in addition to the kids tent. Workshops may include watercolor, pottery, jewelry making, bookmaking, drawing and painting. ■ Eagan Art Festival kids tent. Expenses for kite activity and bookmaking activities. ■ Market Fest art activities. Hands-on activities for children at the weekly Market Fest at the Eagan Community Center. ■ Sumner teen art classes at the Oasis. ■ Intergenerational activities involving senior adults, teens and youth. ■ Branding and marketing efforts to tie these summer art activities together. May include a logo and targeted promotional materials. These marketing efforts will focus on educating and inviting the Eagan community to various art opportunities throughout the summer. ISSUES: • None ~f Agenda Memo April 15, 2008 Regular City Council Meeting Consent Agenda M. APPROVE CONTRACT FOR ROOF REPLACEMENT AT FIRE STATION 3 ACTION TO BE CONSIDERED: To approve the contract with Austad Construction and Peterson for the replacement of the roof at Fire Station 3, subject to final contract language approval by the City Attorney's Office. FACTS: • Fire Station 3 which is located at the intersection of Wilderness Run Road and Pilot Knob Road was constructed in 1978. The building still has its original roof from 1978. • In 2007 a roofing consultant was hired to inspect all fire department and water department buildings. The consultant recommended that fire station three's roof be replaced as soon as possible. • The station has two types of roof, the flat tar roof and the mansard style side roof. Both are the original roofs and have been identified for replacement in 2008. We are also proposing replacing the roof of the well house that is adjoining to fire station three with the same metal roof that would be placed on the fire station mansard roof, these will help keep a uniform appearance of the city buildings on this site. • $65,000 was budgeted in the 2008 General Facilities Renewal and Replacement Budget for the replacement of the roof. • Four responses were received for the roof replacement and staff is recommending that the contracts be awarded to Austad Construction for the amount of $30,895 for the tar roof and Geno Peterson Builders for the amount of $26,551 for the Fire Station metal roof and $7,350 for the metal well house roof. Total project cost would be $64,796. ATTACHMENTS: • None Agenda Information Memo April 15, 2008 Eagan City Council Meeting N. CONTRACT 08-03, CITYWIDE STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Award Contract 08-03 (Citywide Street Improvements), to Bituminous Roadways Inc., for the base bid in the amount of $1,368,881.80, and authorize the Mayor and City Cleric to execute all related documents. FACTS: • The street improvements of o Safari Estates Addition (City Project 955) o Briar Hill 1St/ 211x/ 4th Additions ( Project 956) o Blackhawk Oaks/ Riverton Avenue (Project 957) o Towerview Road (West of Pilot Knob Road - Project 958) o Eden Addition ( Project 959) o Brittany 8th -10th Additions (Project 960) o Bur Oak Hills (Project 961) o Lexington Pointe Parkway/ Daniel Drive (Project 968) are programined for 2008 in the City's 5-Year Capital Improvement Program (2008-2012). • On December 18, 2007, the City Council authorized the street improvements for Safari Estates, Briar Hill, Blackhawk Oaks, Towerview Road, and Eden Addition. • On January 15, 2008, the City Council authorized the street improvements for the Brittany Addition neighborhood, and the Bur Oak Hills neighborhood. • On February 19, 2008, the City Council authorized the street improvements for the Lexington Pointe Parkway/ Daniel Drive neighborhood. • These projects have been combined under one contract (Contract 08-03), to increase economies of scale. • On March 3, 2008, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 08-03. • On March 18, 2008, the Council approved the use of best-value solicitation of bids, as allowed by State statutes, providing for the consideration of performance of bidders in addition to the bids received. • At 10:30 a.m. on April 8, formal bids and technical performance proposals from each bidder were received for this project. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The base bid from Bituminous Roadways, Inc., has been reviewed by the Engineering Division to provide the best value and is in order for favorable Council action. ATTACHMENTS: • Bid Summary, page 3 BID SUMMARY - CITY CONTRACT 08-03 SAFARI ESTATES BRIAR HILL PROJECT NO 955 PROJECT NO 956 Overlay Overlay BLACKHAWK ACRES TOWERVIEW ROAD PROJECT NO 957 PROJECT NO 958 (Riverton Avenue) Overlay Overlay EDEN ADDITION BRITTANY 8T11/10TH ADDITIONS PROJECT NO 959 PROJECT NO 960 Overlay Overlay BUR OAK HILLS LEXINGTON POINTE PARKWAY / PROJECT NO 961 DANIEL DR Overlay/Reclamation PROJECT NO 968 Overlay / Reclamation Bid Date/ Time: 10:30 a.m., Tuesday, April 8, 2008 Contractors Total Base Bid Technical Score Adjusted Score* 1. Bituminous Roadways, Inc. $1,368,882 92.95 14,727 2. McNamara Inc. $1,446,658 95.45 15,156 3. Northwest Asphalt, Inc. $1,423,574 91.40 15,575 4. C.S. McCrossan Inc. $1,660,461 74.40 22,318 *Best-value contracting: Adjusted Score = Total Base Bid/ Technical Score 955 $134,468 $145,420 -7.5% $154,950 -13.2% 956 $75,512 $74,630 +1.2% $76,350 -1.1% 957 $47,113 $59,540 -20.9% $52,400 -10.1% 958 $99,116" $47,810 +107.3% $115,200* -14.0% 959 $104,782 $114,710 -8.7% $107,860 -2.9% 960 $147,418 $164,290 -10.3 % $169,190 -12.9% 961 $458,744 $492,060 -6.8% $493,990 -7.1% 968 $278,595 $267,070 +4.3% $314,900 -11.5% Totals $1,306,555 $1,367,320 -4.4% $1,484,840 -12.0% * Includes non-assessable driveway, grading and site paving work for Utilities Department at Sperry Water Tower, not included in Project 958 FR, to be the responsibility of the City Utility Fund. Assessable costs are approximately equal to those identified in the Project 958 FR. Rain $62,327 Water Quality NA $55,000 +13.2% Gardens Program CIP GTrojects.&Contracts/08-03/13id Summary Results Agenda Information Memo April 15, 2008 Eagan City Council Meeting 0. CONTRACT 08-04, CITYWIDE STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Reject the alternate bid and award Contract 08-04 (Citywide Street Improvements) to McNamara Contracting, Inc., for the base bid amount of $1,919,804 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The street improvements of o Cedar Grove 1St & 2nd Additions (Streets & Utilities - City Project 953) o Glory Drive/ Cedar Ridge Circle (Project 954) o Cliff Drive (Project 962) o Nicols Road/ Nancy Circle Project 963) o Elrene Road (Wescott Road to Yankee Doodle Road - Project 965) o Federal Drive (Washington Drive to Yankee Doodle Road - Project 966) o Wescott Road (Lexington Avenue to Hwy. 149 - Project 967) are all programmed for 2008 in the City's 5-Year Capital Improvement Program (2008-2012). • On December 18, 2007, the City Council authorized the street and utility improvements for Cedar Grove 1s'& 2" d Additions, and the street improvements for Glory Drive/ Cedar Ridge Circle. • On January 15, 2008, the City Council authorized the street improvements Cliff Drive. • On February 19, 2008, the City Council authorized the street improvements for Nicols Road/ Nancy Circle, and Elrene Road. • On March 3, 2008, the City Council authorized the streets improvements of Wescott Road. • These projects have been combined under one contract (Contract 08-04), to increase economies of scale. On March 3, 2008, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 08-04. • On March 18, 2008, the Council approved the use of best-value solicitation of bids, as allowed by State statutes, providing for the consideration of bidders expected performance in relation to their submitted bid. At 10:30 a.m. on April 10, formal bids and technical performance proposals from each bidder were received for this project. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The base bid from McNamara Contracting, Inc., has been reviewed by the Engineering Division to provide the best value and is in order for favorable Council action. ISSUES: • An alternate bid of $103,541.95 for a water main replacement on Comanche Road (near the Seneca Treatment Plant) was also received. The cost for this water main replacement would be the responsibility of the City Utility Renewal and Replacement Fund. However, due to a higher than estimated bid by the overall low bidder (primarily a street contractor) and an expectation of better bids through a separate utility contract solicitation, it is the staff's recommendation that this alternate bid be rejected when awarding the overall contract. ATTACHMENTS: • Bid Summary, pag BID SUMMARY - CITY CONTRACT 08-04 CEDAR GROVE 1 & 2 GLORY DR, CEDAR RIDGE CIRCLE PROJECT NO. 953 PROJECT NO 954 Overlay/ Utility Repairs Overlay CLIFF DRIVE NICOLS RD / NANCY CIRCLE PROJECT NO. 962 PROJECT NO. 963 Overlay Overlay ELRENE RD FEDERAL DR PROJECT NO 965 PROJECT NO 966 Overlay Overlay WESCOTT RD (Lex. Ave. - TH 149) PROJECT NO 967 Overlay Bid Date/ Time: 10:30 a.m., Thursday, April 10, 2008 Contractors Total Base Bid Technical Score Adiusted Score* 1. McNamara Contracting, Inc. $1,919,804 94.45 20,326 2. Bituminous Roadways, Inc. $1,937,619 92.95 20,845 3. Northwest Asphalt, Inc. $2,091,021 91.40 22,877 4. Ace Blacktop, Inc. $2,181,383 73.30 29,760 5. C.S. McCrossan Inc. $2,243,883 74.40 30,160 *Best-value contracting: Adjusted Score = Total Base Bid/ Technical Score 953 $936,297 $943,540 -0.1% $1,226,770 -23.7% 954 $46,871 $58,410 +19.8% $52,800 -11.2% 962 $51,871 $59,100 -12.2% $58,500 -11.3% 963 $226,472 $290,300 -22.0% $264,560 -14.4% 965 $169,915 $232,590 -27.0% $189,850 -10.5% 966 $44,409 $56,120 -20.9% $55,470 -19.7% 967 $401,093 $542,450 -26.1% $437,640 -8.4% Totals $1,885,769 $2,182,510 -13.6% $2,285,550 -8.3% Rain $34,035 Water Quality $35,000 -2.8% Gardens Program CIP Comanche $103,542 NA NA $111,725 -7.3% Rd. WM G:Projects.&Contracts/08-04/Bid Summary Results Agenda Information Memo April 15, 2008 Eagan City Council Meeting P. CONTRACT 08-06, NORTHWOOD PKWY - 35E OVERPASS ACTION TO BE CONSIDERED: Award Contract 08-06 (Northwood Pkwy - 35E Overpass), to Lunda Construction Company, for the base bid in the amount of $3,778,613.30, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 08-06 provides for the extension of Northwood Parkway over I-35E from Pilot Knob Road to Denmark Avenue, reconfiguration of the existing Northwood Parkway/ Denmark Avenue intersection with a roundabout, bituminous trails on both sides of Northwood Parkway, and decorative street lighting. • On May 16, 2006, the City Council approved a federal funding agreement for preliminary engineering for Project 768 (Northwood Parkway- Ring Road Extension- Bridge and Street Improvements) with the Minnesota Department of Transportation (Mn/DOT). • On June 19, 2007, the City Council approved the Public Works Department's 5-Year Capital Improvement Program (2008-2012) for Public Works Infrastructure, Part III, including the construction of the Northwood Parkway Overpass programmed for 2009. • At the February 12, 2008 Council workshop, the City Council directed the Finance Committee to evaluate funding options to accommodate the potential advancement of the Northwood Parkway Overpass to the 2008 construction season. They also directed the staff to initiate the bid solicitation process to obtain firm cost estimates for concurrent consideration of contract award. • On February 19, 2008, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 08-06. • At 10:30 a.m. on April 3, formal bids were received for this project. A copy of the bid summary is attached. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and suminations. The low base bid from Lunda Construction Company has been reviewed by the City's consultant, SRF Consulting Group Inc., and found to be in order for favorable Council action. ISSUES: • The Finance Committee will be reviewing the bids and related financing prior to the Council meeting and will be providing a recommendation to the Council prior to, or concurrent with, the Council's consideration of this action item. ATTACHMENTS: • Bid Summary, pages 00 4o 37 BID SUMMARY Northwood Parkway Overpass City Project No. 768 - City Contract No. 08-06 Bid Date: Thursday, April 3, 2008 Bid Time: 10:30 a.m. Bidders Total Base Bid 1. Lunda Construction Company $3,778,613.30 2. Redstone Construction Company, Inc. $3,929,930.12 3. Edward Kramer & Sons $4,041,329.59 4. Max Steininger, Inc. $4,060,245.00 5. Robert R. Schroeder Construction Co. $4,112,209.57 6. C.S. McCrossan Construction, Inc $4,145,818.90 7. Graham Penn-Co Construction $4,272,702.95 8. Ames Construction $4,352,086.52 Project 768- Northwood Parkway Overpass Low Base Bid $3,778,613.30 Engineers Estimate $4,174,819.50 Percent Under Estimate -9.5% Agenda Information Memo April 15, 2008 Eagan City Council Meeting Q. CONTRACT 08-06, NORTHWOOD PKWY - 35E OVERPASS OWNERSHIP AND MAINTENANCE AGREEMENT ACTION TO BE CONSIDERED: Approve an Ownership and Maintenance Agreement for Contract 08-06 (Northwood Pkwy - 35E Overpass) for the Northwood Parkway bridge over 35E with the Minnesota Department of Transportation and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Because the Northwood Parkway bridge will be constructed in and over 35E right-of- way, an Ownership and Maintenance Agreement must be executed with MnDOT to identify which agency retains ownership of the bridge as well as which agency is responsible for various maintenance activities. • An agreement between the City of Eagan and MnDOT has been prepared providing for the bridge to be owned by the City with various maintenance responsibilities shared between MnDOT and the City. • The Agreement has been reviewed by the Public Works Department and City Attorney's office and found to be in order for favorable Council action. ISSUES: • This proposed agreement is appropriate for Council consideration only if Contract 08- 06 is awarded under the previous Consent Agenda action item. If Contract 08-06 is NOT approved, then this item should be removed from consideration at this time. Agenda Information Memo April 15, 2008 Eagan City Council Meeting R. CONTRACT 08-07, WATER RESERVOIR RECONDITIONING (LEXINGTON/DIFFLEY AND SAFARI) ACTION TO BE CONSIDERED: Approve the Plans and Specifications for Contract 08-07 (Water Reservoir Reconditioning, Lexington/Diffley & Safari) and authorize the advertisement for a bid opening to be held at 2:00 p.m., Thursday, May 8, 2008. FACTS: • The Lexington/Diffley and Safari Water reservoirs are both 4 million gallon water storage tanks providing reserve capacity and sustainable pressure for the City's water distribution system. The Lexington/Diffley reservoir was originally built in 1988. This tank requires a full interior and exterior reconditioning and repainting. The Safari reservoir as built in 1982 and was reconditioned in 1999. This tank requires primarily structural repairs and exterior-only refurbishment. • In 2006, all City reservoirs were thoroughly inspected inside and out. A condition rating was performed with required and recommended improvements documented. These improvements were then integrated into the Public Works Department Capital Improvement Program (CIP) for efficient and economical scheduling. These two tanks were programmed for 2008 in the 5yr CIP approved by Council on June 19, 2007. It was subsequently included in the 2008 Utility Enterprise Operating Budget approved by Council on December 18, 2007. • Because these reservoirs are critical to maintaining the City's water distribution system, and the seasonally constrained repainting associated with the overall refurbishment conflicts with the City's peak water use periods, these two reservoirs have to be taken out of service during different times. Also, both reservoirs have numerous wireless communication antennae attached to them requiring close coordination with these leased tenants for their removal and reinstallation. Subsequently, the Lexington/Diffley tank is proposed to be out of service and under contract work from August 4th to Sept. 26, 2008. The Safari tank will be out of service next year from May 4. to June 12, 2009. They are both being bid under one contract in hopes of achieving an economy of scale. ISSUES: • The Safari Reservoir currently has the old City logo applied to 3 sides which will be replaced with new logos under this contract. The logo at this location not only identifies our community to the thousands of daily commuters on I-35 E, but it also helps to buffer the visual impact of the numerous antennae facilities located on this structure. However, the Lexington/Diffley Reservoir currently does not have the City logo applied due to its lower profile and adjacency to a major City park. An alternate bid is being solicited for Council consideration for a new logo on 2 sides (north and southeast) as the view to the southwest is very limited by the adjacent heavily wooded developments. ATTACHMENTS: • Location map, page -4/0 City of Eagan Safari & Lex./Diffley Reservoirs LEXINGTON; SAFARI 11111110::= Feet 0 2,000 4,000 Created By: City of Eagan Public Works CIS Dept. _ Date: April 11, 2008 .L\USERS\PUBW ORKS\Projects\UtiliAes\ufsiies\SAesmxd Lone Oak n~ s Yankee Doodle ~S c C a O J Lf ci IR 11 3 ad Diffley Road Cliff Road c JCliff Road c Y 0 & 1- 1010 CL ~I Agenda Information Memo April 15, 2008 Eagan City Council S. FINAL SUBDIVISION (DG WELDING) ACTION TO BE CONSIDERED: To approve a Final Subdivision (DG Welding) to create two industrial lots upon 8.4 acres located at 3265 Sun Drive and 3245 Terminal Drive in the SE 1/4 of Section 8. REQUIRED VOTE FOR APPROVAL: Majority of Council members present. FACTS: ➢ The Preliminary Subdivision was approved January 15, 2008. ➢ All documents and Agreements for the Final Subdivision are anticipated to be received and in order for execution at the regular meeting of the City Council. ATTACHMENTS (2 Location Map, pa e Final Plat, page Ila Eagan Boundary Right-of-way Location Map Parcel Area Park Area Building Footprint D ~ P ~ 1 0 J~~~ ~r 0 QQ QP < . q 4 O tiQ Oo Q Q D Subject Site q ®®0 00 roUR Ol11o1 o 51 b Q ~ o Q ~a 6 0 o D ~1 fl p t] o q Ll n = C~ a / / ar S o 0 ca Elm- y4ry j O t] ❑ p n V J1 o J © p OpOOQGO0~ $ 6 pL o° Q COUNTY ROAD NO. 2e (YANKEE DOODLE ROAD) J e S y a~ qP ~ L.~ CS 0 0~~o~O _ g ' S 1000 0 1000 2000 Feet Development/Developer. DG Welding - Application: Preliminary Subdivision Case No.: 08-PS-09-08-07 43 N City of Eayn THIS MAP IS INTENDED FOR REFERENCE USE ONLY W+E 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. i N S \ / NZ= - 8 / I tiE J ^ y~P / C_ E ~ /P8~ < \ w~aJBa 7, G'1 C7 T ~~L>~ \ \ fss s e _i / ~ ru \ aw 11 ~ J 11 ~ \ \ / m4 MEA .sSS/9. J 42jz6 \ L- / PoTi d \ s JSSrj W tb 7 \ )Op. , L ~ Ps'; mN \ S D7 i ~1)'-as_ _ (,'1 1, b~a•L°1 `f \ ?I / ♦ b L~.~ v _ _ o:.-T.'4 =SwaDJ~.,yI.- ~ 1 r " D \ C7 N No' / F8 vao~yj js °.°av~.wK- 1 f~ ~d' \R~'=+s lr 7 \ \ / C7b /o, ~y T / ~ i / NON V J 1 T_ V 1 / `/,'mar \ ° 5$) a v.m z I 1 D T e-T~in~azSa DAKOTA CWN1Y. NN s ovWS°' E rn ~ ~ # ~ I . 4a ~ - YpSo5 ~ $ 4 ~ 46 ~ i II b*~~y4 . ~ R y'g g a B- F to € I a~`' a 10 0 Agenda Information Memo April 15, 2008 Eagan City Council Meeting T. ANTENNAE LEASE AMENDMENT (VERIZON WIRELESS - DEERWOOD WATER RESERVOIR) ACTION TO BE CONSIDERED: Approve an amendment to the Verizon Wireless Antennae Lease Agreement for the Deerwood Reservoir and authorize the Mayor and City Clerk to execute all remaining documents. FACTS: • Verizon Wireless currently has a lease agreement with the City of Eagan for antennae and related ground support facilities on the Deerwood Water Reservoir site. They have expressed an interest in expanding their ground leased area to accommodate additional support equipment (standby generator). An amendment has been prepared to the original lease agreement to accommodate this request with additional revenue of $475/month. • The amendment has been reviewed by the City Attorney's office, Public Works Department staff, accepted by the applicant and found to be in order for favorable consideration by the City Council. Agenda Information Memo Eagan City Council Meeting Consent Agenda April 15, 2008 U. APPROVE NORTHWOODS EQUITY PURCHASE AGREEMENT AND CDA JOINT POWERS AGREEMENT ACTION TO BE DISCUSSED: To approve 1) A Purchase Agreement for Lot 2, Block 1 of the Northwoods Business Park Third Addition for a future fire station and other development and 2) A Joint Powers Agreement with the Dakota County CDA to share the costs of the purchase to develop a portion of the property for workforce rental housing. FACTS: • The City Council previously authorized the negotiation of a purchase agreement for property located in the Northwoods Business Park and a JPA with the Dakota County CDA for the purchase and future joint development of a replacement for Fire Station #2 and workforce housing. • Both documents have been finalized, executed by the other party in each case and are in order for consideration at this time. • The principal terms of the agreements are a purchase price of $1,550,000 for the 12.91 acre property, of which the CDA will pay $725,000 for the southern portion of the site for the construction of 29 workforce rental housing units. The CDA contribution may be reduced by $25,000 per unit if they cannot build all 29 units. The City can terminate the JPA if the CDA cannot build at least 27 units. • Under the purchase agreement, the property owner will undertake a subdivision of the property to create the lots for the CDA and the City. • If all terms and conditions are met, a closing on the property is anticipated after the final subdivision is available for recording. ATTACHMENTS: • Purchase Agreement and Joint Powers Agreement available upon request. Agenda Information Memo April 15, 2008, Eagan City Council Meeting CONSENT AGENDA V. Accept a $500.00 donation from the Rotary Club of Eagan to be used towards the purchase of communication equipment for the Crisis Negotiation Team ACTION TO BE CONSIDERED: Acceptance of a $500 donation from the Rotary Club of Eagan. FACTS: • Each year, the Rotary Club of Eagan presents the "Outstanding Public Safety Award" to a member of the Eagan Police Department in recognition of outstanding public service. • This year's award was presented on April 9, 2008, to Police Officer Danielle Anselment. Officer Anselment was instrumental in negotiating the successful conclusion of a distraught barricaded individual. She is also heavily involved in crime prevention education and is the department media liaison. • As part of this year's recognition, the Rotary Club has donated $500 to the Police Department, with the request that the funds be spent by the department for public safety purposes. • The Police Department intends to spend the money on improving communication equipment for the Crisis Negotiations Team. ATTACHMENTS Copy of letter from the Eagan Rotary Club to Officer Danielle Anselment on page ~I ROTARY CLUB AGAN P.O. Box 21543, EAGAN, MINNESOTA 55121, U.S.A. April 9, 2008 Officer Danielle Anselment Eagan Police Department 3830 Pilot Knob Road Eagan MN, 55122 Dear Danielle, Congratulations on your selection for the Eagan Rotary Outstanding Public Safety Award! That your peers identified you for this award is evidence of your wonderful work ethic, your commitment to excellence and the admiration of your fellow officers. We in the Eagan Rotary are proud to recognize you with this award, which also comes with our most heartfelt thanks for the service above self that you have given to this community. We celebrate with you! Sincerely, Thomas F. Wilson Eagan Rotary Club Agenda Information Memo April 15, 2008 Eagan City Council Meeting W. CONSULTANT SERVICES AGREEMENT FOR TELECOMMUNICATIONS SITE INVENTORY ACTION TO BE CONSIDERED: Approve a Consultant Services Agreement for a Telecommunications Site Inventory with SEH, Inc and Authorize the Public Works Director to issue the related Work Order. FACTS: • The City of Eagan currently has more than 32 different leases with various telecommunication companies for the installation of cellular antennae and related ground support equipment on all 6 Water Tanks and several City Park locations. These leases bring in over $500,000 per year in lease revenue to help address related impact needs on our reservoirs. • The Utility Division continues to receive numerous applications for additional installations and/or expansions of existing telecom facilities. As our reservoir tanks and ground space become more populated, it is becoming increasingly difficult to identify available locations for additional installations. We also need to analyze the structural capacities of the tanks for additional antennae or modifications to existing facilities. The results of this inventory and analysis will also be valuable as we embark on a phased CIP program of other tank refurbishments over the next 4 years to incorporate potential beneficial structural upgrades for future antennae installations. • SEH is one of the approved consultants in the City's Engineering Services Pool retained to provide radio frequency compatibility analyses, plan review and project management services for new installations. In response to a detailed scope of work request, they have provided a cost proposal not to exceed $61,600 for all sites. This has been reviewed by the Public Works Department staff and found to be in order for favorable Council consideration. ISSUES: • This specialty consultant service was not anticipated when the 2008 budget was submitted or approved. However, with the required scheduling of Contract 08-07 (Lexington/Diffley & Safari Reservoir - Tank Refurbishment) delaying the Safari rehab to the spring of 2009, the related $570,000 estimated cost included in the 2008 budget and CIP should be reprogrammed into 2009. Future programmed CIP Reservoir Rehabs will be similarly adjusted to account for similar seasonal timing. Subsequently, there will be sufficient funds available in the adjusted 2008 budget to cover this proposed Telecommunications Site Inventory, if so approved. Agenda Information Memo April 15, 2008, Eagan City Council Meeting V. PUBLIC HEARINGS A. VARIANCE AND FINAL PLAT (ABF ADDITION) - ABF FREIGHT SYSTEM, INC. ACTIONS TO BE CONSIDERED: To approve a Final Plat to create one lot upon approximately 8.02 acres located at 2750 Lexington Avenue South, legally described as Lots 3, 4, 5, and 6, Plainview Addition, in the NW %4 of Section 02. To approve a Variance of 10 feet to the required 50-foot front yard setback for the existing building at 2750 Lexington Avenue South in the NW 1/4 of Section 02. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ ABF Freight System, Inc. is proposing a Final Plat of their existing property to -consolidate four existing parcels into one lot. ➢ With replatting, Dakota County is requiring dedication of additional right-of-way for Lexington Avenue. ➢ The dedication of right-of-way will result in a reduced front yard setback for the existing building. ➢ ABF Freight System, Inc. is requesting a 10-foot building setback Variance from Lexington Avenue to make the existing setback conforming following the replat. ISSUES: None 60-DAY AGENCY ACTION DEADLINE: May 26, 2008 ATTACHMENTS (2): Location Map, page Planning Report on pagesthrough PTO 1-1 - Eagan Boundary Right-of-way Location Map F771 Parcel Area Park Area Building Footprint n E! 3 EwE oE~m.. En x °a ~y Subject Site i S" ar ~ _ \ q \ arF °'a ~ Dy P ° - 0 9 © ®9 - its v) it C~ O ❑ / /~;o ~i ~P W ° ❑ d ° L~ \S / ' EGiNCER / _ a ~ x ° .CEO o ~s~ /F - -0, 5 V 13 EEElE!! i o n u 3 Li Il =1? - L J-\ Q~ E-1 ❑ ❑ .2E (LONE OAK ROAD) C.a.A.H. NO.26 (LONE OAK RD.) F~ 4 I L! L~ ~ i f~ C I ~ O' ~ cwrv~ew on ~ yip, of A-MAD /vouo~ 1000 0 1000 2000 Feet Development/Developer: ABF Freight Systems Application: Variance Case No.: 02-VA-03-03-08 g qn I N City of np Laps THIS MAP IS INTENDED FOR REFERENCE USE ONLY W+E 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. PLANNING REPORT CITY OF EAGAN REPORT DATE: April 10, 2008 CASE: 02-VA-03-03-08 APPLICANT: ABF Freight System, Inc. HEARING DATE: April 15, 2008 PROPERTY OWNER: ABF Freight System, Inc. APPLICATION DATE: March 27, 2008 REQUEST: Variance PREPARED BY: Pamela Dudziak LOCATION: 2750 Lexington Avenue COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of a 10-foot Variance to the required 50-foot front yard setback from a County roadway for property located at 2750 Lexington Avenue, legally described as lots 3, 4, 5, and 6, Plainview Addition, in the NW '/a of Section 2. AUTHORITY FOR REVIEW 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. Planning Report ABF Freight System, Inc. April 15, 2008 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. CODE REQUIREMENTS The City Code requires a 50-foot front yard building setback from the Lexington Avenue right- of-way. With the replatting of the property, and required dedication of additional right-of-way for Lexington Avenue, the existing building will be set back 40 feet from the new Lexington Avenue right-of-way. Thus, a setback Variance of 10 feet is requested for the building. BACKGROUND/EXISTING CONDITIONS The property is platted and consists of four parcels. There is an existing office/warehouse on the property, and an accessory service garage. Access is provided from Lexington Avenue in two locations. A Conditional Use Permit was issued to the property in 1998 for the outside storage of trucks and trailers. A visit to the site showed a broken tree in a parking island at the southerly driveway into the site. EVALUATION OF REQUEST The applicant has submitted a building permit application proposing to construct an expansion of the warehouse on the east end of the building. In conjunction with that improvement, the existing service garage will be removed. The property will be replatted to consolidate the four existing parcels into one lot. With replatting, Dakota County will require dedication of additional right-of-way for Lexington Avenue. The resulting building setback from the new right-of-way line is 40 feet, as compared to the minimum 50 feet required from a County roadway. City Code requires maintenance of landscape materials, including replacement of damaged plants or plants that die or are removed to due to disease. Therefore, the broken and dead tree at the southerly entrance to the site should be replaced with nursery stock meeting minimum specifications in the City's landscape ordinance. APPLICANT'S ESTIMATE OF HARDSHIP The proposed variance is the result of the County's requirement to dedicate additional right-of- way with the replatting of the property. Without the variance, this property would have a nonconforming building setback after replatting. Replatting is required for the building permit to be issued. 5-3 Planning Report ABF Freight System, Inc. April 15, 2008 SUMMARY/CONCLUSION ABF Freight System, Inc. is requesting a 10-foot building setback Variance from Lexington Avenue. This variance is necessary to accommodate a reduced setback along Lexington Avenue resulting from the dedication of additional right-of-way with replatting of the property. Without the variance, the setback will become non-conforming. ACTION TO BE CONSIDERED To approve a 10-foot Variance to the required 50-foot front yard setback from a County roadway for property located at 2750 Lexington Avenue, legally described as lots 3, 4, 5, and 6, Plainview Addition, in the NW 1/4 of Section 2. 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 broken tree at the southerly entrance shall be replaced with nursery stock meeting the minimum specifications in the City's landscape ordinance. Eagan Boundary Right-of-way Location Map Park Area Area k Area Building Footprint EE y 3 aLU! G( AN Itp k ao © 8 O J ~~Y = Subject Site ss d ~4 S - 3 N"k 410. o s 7 9 p 0 ~ p p / ¢aluee er J / j 2 B ' reran Rah ~ O S .26 (LONE OAK ROAD) C.S.A.H. NO.26 (LONE OAK RD.) aC ~ ~ O 1 ' ( oo ~ ~ Imo' ~ oQ M711 ILL 1000 0 1000 2000 Feet Development/Developer: ABF Freight Systems Application: Variance Case No.: 02-VA-03-03-08 N City of Eap THIS MAP IS INTENDED FOR REFERENCE USE ONLY W+& 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. ~ ~ v a ? s e e ` =-11 HH I e mil' i a 'tl ~ MON k ` - is i E f ~ < c / ~/I'.x ~ ~Ix ►i PQ I~ 'o4: ao•,'k o< C _ .a e Y i L .i o c; c~ s c' `~tQ'p' J! / Ij .F 11111 - . u E F C Q`G'~ /l "i = tai, ' 1. yay" 44 <_5 a o p 5 cF-----` I i. OR " I n IV j i , I m I 1' m I ~ I ~li I I !I _ I I ~ .I Z! ~ ~ I i I 32 Cyr! II I I ~ I I ~ i ~ I ' i I< I _ ----L-------J----- ~s~ ~I--------- - - \ - v ry.~0.~/ °o JAN N ~0.~~ I I o= a p¢ v a ag b ogsw= S o4 19 ° x~ Cga € o Y ~R€os g ~ ~mEW~o is gg a S' Ell MY Ksa Rd h ua R g ~ae>a HER e _ Q m .00 Qi Q r~=5a ~~y~jgi o v a N _ =a M42 R 3Y kZ =t • W V f 101' 21' PCP ~ _ - p/~M~ h~M N't o u5 cl-A € 0 1 n w° g k a.F g Wn Of- 3 a~ a dE 3 , M ~ i N ~ ~ ~ ' fsE L 0 _ PLN 8'7 _ J Project Narrative ABF Loading Dock Addition Prepared By: Westwood Professional Services March 27, 2008 For Variance Request Purpose: This application is for a Variance Request for the proposed ABF Loading Dock Addition. The site, located at the south intersection of Lexington Avenue and the Soo Line Railroad, is legally described as Lots 3, 4, 5, and 6, Plainview Addition. The purpose of this application is to request a variance in the required building setback along Lexington Avenue for the existing building from fifty feet to forty feet. Schedule: The applicant is requesting a building permit as soon as possible to allow construct to begin this spring. We are requesting this application be reviewed by Staff and approved at Planning Commission and City Council as soon as possible. Attachments: • Completed Variance Application Form (submitted by ABF) • Completed Variance Submittal Checklist (submitted by ABF) • Check in the amount of $900 for application fees and escrow deposit (submitted by ABF) • Development Plans (including Existing Conditions and Site Layout) - Two full-size Two 8x11 • Mailing labels Applicant: Civil Engineer ABF Freight System, Inc. Westwood Profession Services 3801 Old Greenwood Road 7699 Anagram Drive Fort Smith, Arkansas 72903 Eden Prairie, MN 55344 Phone: 479-785-8702 Phone: 952-937-5150 Fax: 479-785-6015 Fax: 952-937-5822 Email: wjechols@abf.com Email: mark. salo@westwoodps.com Contact: Walter Echols Contact: Mark Salo Existing Zoning: I-1 (Limited Industrial) Proposed Zoning: No change. Comprehensive Guide Plan Designation: Currently guided as Limited Industrial (IND) and Future Land Use is also Limited Industrial. RECEIVED AR 2 Se Project Narrative ABF Loading Dock Expansion March 27, 2008 Westwood Project No. 20071211 Eagan, MN Page 1 of 2 Existing Conditions: The existing site is comprised of four separate lots that contain approximately 8.02 acres in area. The site is currently developed with a 19,400 square-foot warehouse/distribution center and a 3,100 maintenance building. Two driveways to Lexington Avenue provide site access. Adjacent Land Use: To the north and east of the property, across the Soo Line Railroad is an area also zoned I-1 (Limited Industrial). Beyond this area of Limited Industrial is Highway 55. To the west, Lexington Avenue and Interstate 35E separate the property from properties also zoned Limited Industrial. To the south is a ±200 foot-wide strip of land currently used as parking for E-Z Air Park Inc. that is zoned PD (Planned Development). To the south of this parking lot is a neighborhood of single family homes zoned R-1 (Residential Single Family). Proposed Site Conditions: A ±7,800 square-foot expansion is proposed at the east end of the existing warehouse/distribution building to bring the total size to ±27,200 square feet. The ±3,100 square-foot maintenance building will be demolished to clear room for the expansion. The expansion will be limited to the east end of the existing building. The site area around the building expansion will be paved with concrete or bituminous. Since this area was previously paved, no impacts to the stormwater management system are required. Variance: Upon review of the site plan application, City Staff requested the applicant to plat the property to combine the existing four lots into one. No changes to the overall site boundary were proposed. The existing building is currently 46' from the Lexington Avenue right of way, which meets the setback for a minor thoroughfare, but not for a Principal or A Minor Arterials. Since Lexington Avenue is a County Road, Dakota County reviewed the preliminary plat and requested right of way to be dedicated for future widening of Lexington Avenue. Currently, the centerline of the Lexington Avenue drive lane is inconsistent with the centerline of the right of way. The county requested the Applicant to locate the existing roadway centerline and provide 75' of right of way from the traveled centerline. To accommodate Dakota County's request, the right of way must shift to the east, thereby reducing the distance between the existing building and the right of way to 40 feet. The applicant is requesting a variance to allow this reduced setback between the existing building and Lexington Avenue which is currently classified as a Principal or A Minor Arterial. The proposed expansion area is located at the east end of the building, and fully complies with all applicable setbacks. This narrative and attached documents are being submitted for the City's consideration of the proposed ABF Loading Dock Addition. We look forward to further discussion and consideration at the upcoming Planning Commission and City Council meetings. Project Narrative ABF Loading bock Expansion March 27, 2008 Westwood Project No. 20071211 Eagan, MN Page 2 of 2 Agenda Memo April 15, 2008 Regular City Council Meeting VI. ORGANIZATIONAL BUSINESS A. Advisory Commission Appointments ACTION TO BE CONSIDERED: Appoint members to the City Council's Advisory Commission, with terms beginning in May 2008 FACTS: • Per the Council's direction, Advisory Commissions appointments are made in April or early May of each year. • Advertising for the Commission vacancies takes place year-round, with an emphasis in recruitment from January - March. • There were 21 applicants this year. Of those 21 applicants, 20 were able to attend their scheduled interview with the City Council on April 8. • As a reminder, the City Council took formal action in March 2007 to change the length of Commission terms from 3-year to 2-year terms. • The City Council will be asked to vote via ballots to fill the vacancies for the lengths of Commission terms - 3 years (WMO only), 2 years, and 1 year alternate terms. • Per the Council's Guidelines for Commission Appointment Policy, in the event of a stalemate after three rounds of voting on a specific Commission appointment, the Mayor shall have the authority to make the appointment of the specific term that resulted in the stalemate. • The new Commissioners appointed tonight will be invited to participate in a new commission member orientation with their commission staff liaison. Orientation packets will also be provided to new Commissioners. The orientation is an opportunity for the Commissioners to learn about the role of the advisory commissioners, and it is also a chance for the new members to meet with their commission's staff liaison for more detailed information about the workings of their specific commission. • The City Council has copies of all the applications, which were included in the binder that was distributed prior to the applicant's interviews. • Rather than duplicating all of the applications, the Council is asked to bring their interview binders to the April 15 City Council meeting. ATTACHMENTS: • Enclosed on page is a summary of the number of openings that exist on each advisory commission. • Enclosed on page is a REVISED summary of applicants' commission preferences based on the preferences voiced during the interviews. ~o 2008 Commission Vacancies APC Watershed Mgmt Organization (WMO) 2-year Terms 1. 3-year Term 2. 1. 3. 1-year Alternate Term 1-year Alternate Term 1. 1. APrC 2-year Terms 1. 2. 3. 1-year Alternate Term 1. ARC 2-year Terms 1. 2. 3. 1-year Alternate Term 1. BECT 2-year Terms 1. 2. 1-year Alternate Term 1. ~J 2008 ADVISORY COMMISSION APPLICANTS' PREFERENCES APC APrC ARC BETC WMO James Casper 1 3 2 Margaret Jensen 1 2 Carol Shattuck 3 1 2 Dana Keeley* 1 Michael Huber 1 2 Bruce Goff 1 2 4 3 Peter Dugan* 1. Kimberly Feller* 1 Thomas Heaney* 1 Beth Prouty 1 3 2 4 Ron Miller 1 Chad Stambaugh 1 4 2 3 Jody Mikasen* 1 Michael Owens * ] Joseph Conlon* 1 Robert Cooper 1 Joseph Bari* * 1. Thurston Anderson 1 Jennifer Dahlquist* 1 Duane Hansen* 1 Gerald Engelke* 1 *Incumbent on a City Advisory Commission Mr. Bari is an incumbent on the APrC CJ Agenda Information Memo April 15, 2008, Eagan City Council Meeting VII. OLD BUSINSS A. PLANNED DEVELOPMENT AMENDMENT, FINAL PLANNED DEVELOPMENT AND FINAL PLAT - MSP COMMERCIAL ACTIONS TO BE CONSIDERED: To approve (OR recommend denial of) a Planned Development Amendment for a two-story medical/office building upon approximately 3.39 acres located south of Best Buy on Town Centre Drive, legally described as Lots 2 and 3, Block 1, Eagan Place 2"d Addition in the NE 1/4 of Section 15. To approve (OR recommend denial of) a Final Planned Development for a two-story medical/office building upon approximately 3.39 acres located south of Best Buy on Town Centre Drive, legally described as Lots 2 and 3, Block 1, Eagan Place 2'd Addition in the NE 1/4 of Section 15. To approve a Final Plat to create one lot upon approximately 3.39 acres located south of Best Buy on Town Centre Drive, legally described as Lots 2 and 3, Blockl, Eagan Place 2nd Addition, in the NE 1/4 of Section 15. REQUIRED VOTE FOR APPROVAL: At least four votes (PD Amendment); At least three votes (Final PD); Majority of Councilmembers present (Final Plat) FACTS: ➢ The applicant is requesting approval of a Planned Development Amendment to allow a two story medical/professional office building upon approximately 3.39 acres. ➢ Approval of the PD Amendment constitutes simultaneous approval of a Final Planned Development. ➢ The Preliminary PD approved when Best Buy redeveloped the site in 2005 permits the proposed medical/office use. ➢ The Preliminary PD anticipated development of two 7,000 sq. ft. buildings. ➢ The PD Amendment proposes a single two-story building of 32,800 sq. ft. ➢ With only one building now proposed, the applicant is requesting Final Plat approval to replat the existing tow parcels into a single lot. ➢ The proposed building architecture and materials satisfy City Code standards and it appears compatible with surrounding uses. ➢ Deviations are proposed to setbacks from the sidewalk easement along Town Centre Drive and to parking requirements. ➢ All of the parking available for this use appears to be shared via private easements with adjacent properties. ➢ Verification of the private easements that both benefit and encumber this property will need to be provided to the City. ➢ The development will need to provide for additional screening measures for rooftop mechanical equipment and a Tree Inventory and Preservation Plan will need to be provided. ➢ The APC held a public hearing on March 25, 2008 and recommended approval. ISSUES: ➢ The APC struggled with the parking evaluation because of the multiple easements that both benefit and encumber this property. The applicant is preparing an exhibit for presentation at the Council meeting that will better illustrate the parldng available to support this development. ➢ The City Attorney has reviewed correspondence from both the property owner and BCBSM, the easement documents that benefit/encumber the subject property and City staff's analysis of available parking versus existing and proposed development. 60-DAY AGENCY ACTION DEADLINE: Extended to July 3, 2008 ATTACHMENTS (8): Location Map, page City Attorney Memo dated April 11, 2008, pagesUP through Correspondence from Property Owner dated April 7, 2008, pages A throu h Correspondence from BCBSM dated March 27, 2008, pages'&_ through-7577 25, 2008, APC minutes, pages through Planning Report, pages through/j~Q Final Plat, page ; v Correspondence from BCBSM dated March 24, 2008, pageslbAthrough Eagan Boundary Right-of-way Parcel Location Map Area Park Area Building Footprint OU...T 47~ _ ,o G 0 ~ c~ ~ <J z ~ ~ h D z ~ d LJ ° C~ 4 O u~ L _ Is ` G L a r p ~ ND.TNWDDO •,wv 4 YMIDC DR / T. 1J '1 / i 0 ~ l ~ ~JpJ DD~„n WOO LI L a Subject Site COUNTY ROAD NO.14 (YANK!! DOODLE ROAD) a o © 0 tl q TOWND.MIIlD. ~ ~ ~ a ' I=3 a . I I I.v uo ~o ❑c Eo oQ o00 L, o~ _ ~yro° oa © II F ~y / o© 6U. ,,T WAY o Do i44 0 , ~D,Md ec a o ~ ^ / fl a DUCttTROD DNY6 = OIIC.MIYODD D. C r < aD G, El CJ Q o . a a~ T` Q,O 1 Dp[..,NDD. uui. p J f • D r' ° o Wa . 1000 0 1000 2000 Feet Development/Developer. Eagan Place 3rd Application: Planned Development Amendment Case No.: 15-PA-02-02-08 N City of Eap THIS MAP IS INTENDED FOR REFERENCE USE ONLY P/ E 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. SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. TO: Tom Hedges, City Administrator FROM: Michael G. Dougherty, City Attorney DATE: April 11, 2008 RE: Proposed Planned Development Amendment - MSP Commercial Our File No. 0206-27534 Eagan Place Partners II owns Lots 2 and 3, Eagan Place 2nd Addition (the "Property"). The easterly portion of the Property is subject to an easement for parking that runs in favor of the land owned by Blue Cross Blue Shield of Minnesota. Eagan Place Partners II has entered into an agreement with MSP Commercial for the development of the Property. MSP Commercial has submitted an application for a planned development amendment to allow a two-story medical/professional office building on the Property. The proposal reflects 54 stalls lying north of the building.' To the east of the proposed building are 150 stalls, nearly all of which are subject to a cross easement agreement with Blue Cross Blue, which owns land immediately adjacent to the east of Property. City staff s analysis of the parking for the MSP proposal is that in light of its size and potential uses, the parking required ranges from 175 stalls (if the use is totally general office) to 219 (if the property is totally medical offices). Essentially, all of the parking stalls lying east of the proposed building are required to satisfy the parking required for the proposed building. Blue Cross has expressed concern over the approval of the MSP proposal if approval of the proposal results in the loss of any development opportunity on the land owned by Blue Cross. Blue Cross is concerned that if the 150 stalls are totally identified for use by the MSP proposal, will Blue Cross lose the right to identify the same 150 parking stalls toward development of its property. 1 This is an area that is subject to a cross parking agreement with Best Buy. These stalls were in excess of the parking stalls needed to support the construction of the Best Buy. 619® Blue Cross does not have any development plans for its site so a determination cannot be made of future parking needs. Presently, the City has approved a preliminary planned development (See Exhibit "A for the Property that permits a 7,000 square foot retail building on the cross-parking area, which eliminates approximately 40 parking stalls immediately adjacent to the Blue Cross property. The approved preliminary planned development identifies 113 parking stalls in the cross-easement area of which approximately 70 are required to satisfy the parking needs for the retail building. I have had an opportunity to review communication from both from Blue Cross and Eagan Place Partners II and offer the following: Eagan Place Partners and Blue Cross have a contractual right to the use and enjoyment of the cross-parking area. However, their agreement does not bind the City nor create any liability on the part of the City. The City is charged with making a rationally-based decision, and though a decision may be influenced by the consideration of the agreement, it is not predetermined by its existence. OPTIONS In light of the existing circumstances, the Council has the following options: 1. Council may approve the proposal as is. Approval of the MSP proposal would recognize MSP's right to use the parking but not in and of itself eliminate Blue Cross' ability to use the parking. A future council may be faced with a request from Blue Cross to develop its property with consideration of full use and access to the 150 parking off-premise stalls. Should a council in the future approve such a proposal, a significant shortage of parking may result between the two properties. However, if such problem does not spill into city streets or neighboring properties, the parking shortage will remain a private issue. 2. The Council may choose to limit the use of the MSP building. By limiting or reducing the amount of medical office that may be placed in the building, the Council will reduce the competing demand for the 150 parking stalls. Future development of the Blue Cross site may still result in an overall shortage of available parking. 3. The Council may recognize that only a percentage of the 150 stalls is available to MSP to meet its parking requirements. Due to the fact that multiple parties control the parking, the Council may reasonably limit the amount or percentage of the parking spaces that may be calculated in meeting the requirements for a building on the Property or on Blue Cross' property. In limiting the amount of parking that is available, MSP may need to reduce the size of its building. By private contract, the property owners have placed a significant restriction on either party's independent use of the parking area. While such recognition by the Council may reduce the size of a building placed on either property, there is a public interest in reducing the potential for street parking or parking on neighboring properties. 8 ' d EXHIBIT "A" ifi f z n sFr ~ a ~ #a ' s YANKEE PLACE r (~j : Q RETAIL I f•~'A.~~ 5 1 I s I v;Cr.w; ~s m C-) m rr rrn i a o a~ a c F r" 'b f ~E F r 0 00 cs a~ F S $ o ; g gs~C'#~dr~ai: Z's8~gr,a,F s~ ~ a~ g$ ro a ~ d g6d,xEii'pa a a~g--3 s N_ 2 P6 a q a sg 5 , g@ q€$g ,F a' Q a • co F p a & F~ g €sH a; kgg O a 'e im r a RR s " g a n ® 9p~FE HHO x C~ 7~L_~ssq 9 g RV ~R n 29 ~ o e .•d T o• S "T r t j x g ail L ANTHONY J. GLEEKEL tonygleekel@siegelbrill.com April 7, 2008 Honorable Mayor Mike Maguire and VIA FACSIMILE - 651-675-5012 Members of the City Council AND HAND DELIVERY Thomas L. Hedges, City Administrator thedges@cityofeagan.com Michael Ridley, Senior Planner mridley@cityofeagan.com City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Ladies and Gentlemen: Re: Applicant: MSP Commercial ("Applicant") Request: Planned Development Amendment and Final Planned Development Property: Lots 2 and 3, Block 1 Case No. 15-PA-02-02-08 I represent Eagan Place Partners lI, LLC ("Owner") the owner of the Property. This firm also represented the Owner with the purchase of the underlying property from Mann Theatres and Red Robin, which comprises the Planned Development as approved by the City. It is my understanding that: (i) MSP Commercial (`Applicant"), the proposed purchaser of the Property requested and received support from Planning Staff and approval from the Planning Commission for a Planned Unit Development Amendment, Final Plan Development and Plat approval (`Application" or "Project"); and (ii) Blue Cross Blue Shield of Minnesota ('*BCBSM") delivered letters dated March 24 and March 27, 2008 to the City, challenging the Application and appealing (pursuant to Section 2.06 of the Eagan City Codes) (`Code") the Planning Commission's approval of the Application. The purpose of this letter is to assert the Owner's position regarding BCBSM's allegations, and respectfully request that the City Council follow the Planning Commissioner's recommendation and approve the Application. BCBSM's generally argues that the parking easement contained in that certain Supplementary Parking Easement Agreement dated December 30, 1993, by and between Mann Theatres, Inc. and Eagan Heights Commercial Park (`Easement") prevents the City from approving the Application, because allowing the Applicant to count parking stalls on the portion of the Property encumbered by the Easement (`Parking Area") violates BCBSM's private property rights. BCBSM is merely demanding that the City interpret the Easement to the benefit of lr7 - - Page 2 BCBSM, a private agreement negotiated fifteen (15) years ago when the Mann Theatre was built. Mann purchased the Parking Area from BCBSM's predecessor in interest, for parking purposes. Mann did not purchase an easement, but instead purchased fee interest in the Parking Area. On March 25, 2008, the Planning Commission unanimously approved the Application. At the public hearing in front of the Planning Commission, BCBSM presented its argument and the Commission unanimously approved the Application in spite of BCBSM's argument. It is my understanding that the Planning Commissioners concluded, along with the preliminary opinion of the City Attorney, that any easement rights arising out of the Easement and the impact of approval of the Application on said rights was a private issue between the beneficiaries of the Easement and that nothing in the Code prohibited the City from approving the Application. Because BCBSM appealed the Planning Commission's decision, the City Council continued the final decision on the Application until April 15, 2008. The Planning Report dated March 20, 2008, as well as the Planning Commission's unanimous approval of the Application accurately identifies any and all issues the Application raises, including application of requisite parking requirements in the Code and the current Planned Development. The Planning Commission approved the Application with the understanding that there are ample parking stalls to support the Applicant's Project. The fact that parking within the Planned Development is subject to easement rights was clearly identified, but is not a reason to deny the Application, nor did the Easement present a concern with respect to the construction and operation of the improvements on the Property, all in spite of BCBSM's argument that the Easement should require the City to count stalls (an unidentified number) as primary parking for potential BCBSM development on BCBSM's property. BCBSM argues and demands that the Easement grants rights "akin to fee title ownership" (citing Section 6 therein), and that the Planning Commission's approval of the Application "materially interferes with BCBSM's property interests" because the approval equates to an unfair allocation of stalls within the Parking Area. BCBSM's mischaracterization of the Easement is unfortunate. Please recall that BCBSM appeared, but did not object to the Council's approval of the Owner's Planned Development in 2005. The current Planned Development, identified two building on the Property (including one on the Parking Area), and codified the use of various easement signs to count requisite parking stalls. Now BCBSM objects, even though the Applicant's Project identifies parking on the Parking Area. Understand that no plans have been presented to the City for the development of the BCBSM property. Accordingly, the location or need for parking to support a hypothetical development is an unknown. Adopting BCBSM's argument to arbitrarily allocate parking stalls for primary parking will prohibit or unduly limit the Applicant's Project and the development of the Property. While the interpretation or the Easement is a private matter, the City should be aware of the following with respect to the Easement: 1. The Owner's predecessor (Mann Theatres) purchased the property subject to the Easement from BCBSM's predecessor in interest, for purposes of allocating parking -70 Page 3 stalls to the original theatre development. Mann did not take an easement, but purchased the Property. An easement for parking was retained by BCBSM's predecessor, but the easement was for "use" of the Parking Area. The Project will not prevent said use. 2. BCBSM's predecessor was merely given a right to park in the Parking Area as defined in the Easement. There was no allocation of parking stalls to BCBSM's predecessor for primary parking stalls or any other allocation. 3. Each party to the Easement has the right to use the parking within the Parking Area, and the approval of the Application by the City does not impact that right. 4. Pursuant to Section 4 of the Easement, BCBSM is prohibited from operating certain uses (e.g., restaurant, bowling alley, movie theater, video sales or rental, health club...) on BCBSM's property, whereas the owner of the Property has no limitation on the use of the Property. 5. BCBSM's cites Section 6 of the Easement as providing rights "akin to fee interest" is misplaced. While BCBSM does have the right to make certain changes to the Parking Area, there are several conditions and limitations on those rights. While I understand that the City is not concerned with the parties' interest in a private agreement, including the Easement, it is important to understand that the Easement does not support BCBSM's claims with respect to allocation of parking stalls or the loss of a property right. BCBSM's request for denial of the Application is without basis in the Code, and ignores the Planned Development. There is no application or plans in front of the City identifying any proposed improvements to BCBSM's property, and therefore, no one can assess the number, if any, of parking stalls required for any "approvals" for improvements to the BCBSM property. The Applicant will allow the use of the stalls on the Parking Area, but to ask the City to arbitrarily allocate the stalls is unreasonable and unnecessary. Furthermore, the number of stalls needed for the Applicants Project is unknown until the final mix-use (office/medical) is known. Accordingly, BCBSM's concern is premature, as there is no knowledge of what parking will be required, if any, for improvements on the BCBSM property, none of which are planned at this point in time. As the City Council analyzes the Application, please recall that the City adopted the underlying zoning allowing the Planned Development to proceed, including Best Buy and anticipated office and retail use within the Planned Development. Allowing an adjacent third party to wield a private agreement to delay, eliminate or reduce improvement of the Property subject to the Planned Development, sets an enormously bad precedent, as it inserts a third party into the City's application and interpretation of the Code. The Owner and Applicant have communicated on various occasions with BCBSM. BCBSM ignored requests from the Owner since the Owner closed on the Property in 2005, and BCBSM's l Page 4 latest correspondence (dated April 1, 2008) threatened litigation against the Applicant. The Owner will use reasonable efforts to again reach out to BCBSM. I greatly appreciate the City Council's review of this matter and respectfully request that the City Council adopt the Planning Commission's recommendation (unanimously approving the Application) and approve the Application. If you have any questions, please feel free to contact Mr. Alex Young of the Applicant, Mr. Jay Scott of the Owner, or me. I look forward to receiving and responding to the City Attorney's opinion and seeing you on April 151h. Very truly yours, Anthony J. G eekel AJG/lr Cc: Jay Scott (JayScott@solomonregroup.com) Alex Young (ayoung@mspcommercial.net) Michael G. Dougherty, Esq. (DoughertyM@SeversonSheldon.com) Robert B. Bauer, Esq. (BauerR@SeversonSheldon.com) James Christoffel, Esq. Ochristoffel@christoffellaw.com) B1ueCross B1ueShield BluePlus of Minnesota March 27, 2008 VIA FACSIMILE (651-675-5012) AND HAND DELIVERY Mayor Mike Maguire Eagan City Administrator Thomas L. Hedges i City of Eagan 1 3830 Pilot Knob Road Eagan, Minnesota 55122 Re: Proposed Eagan Place Professional Building/MSP Development Dear Mayor Maguire and Mr. Hedges: City Code, Blue Cross and Blue Shield of Minnesota Pursuant to section 2.06 of the Eagan " requests an appeal and full hearing on the dproposed by MSP Commercial ll of ecision of the ("BCBSM) Commission ("Commission") to approve the development IOC CENTRE 100 TWELFTH Eagan Place Professional Building Lot 1, Block 1, Minnesota ("Lot 1"), which decision was made at the The Commission's decision substantially and ADDITION, Dakota County, Commission's March 25, 2008 meeting. interferes with BCBSM's property interests in land that is adjacent to Lot 1. Ineffect, materially interests. the decision may constitute a taking of BCBSM's Property interests that In a letter to the Commission dated March 24, 2008, BCBSM identified its property BCBSM d development. In the letter, would be adversely affected by the approval of the propose consists of two parcels. One parcel has explained that it owned property adjacent to Lot 1, which alldescribed as Outlot A, _ " been developed with a ten story office I buildiTION, Dakota County, Minnesota putlot A!'), SM also owns parking easement rights TOWN CENTRE 100 TWELFTH ADD remains vacant and will be developed in the fut~ire.BCB a Supplementary Parking iover a significant portion of Lot 1 (Parking Area") pursuant to "Easement Agreement") between Mann Theatres, Inc. ("Mann Theatres ) Easement Agreement ( "dated December 30, 1993, which was recorded and Eagan Heights Commercial Park ("EHCP ) enclosing a copy provided to the Commission, I am February 2, 1994, as Document No. 1190785. Areference. on of the Easement Agreement for you nt, EHCP owned both Lot 1 and Outlot A. As a and as memorialized in the Easement prior to executing the Easement Agreeme condition of the sale of Lot 1 to Mann Theatres, Agreement in order to Agreement, EHCP required that Mann Theatres benefit future development of Outlot A. The reserve parking rights over the Parking Area to king easement rights are appurtenant to Outlot A. The parking teasement rights granted by o any particular time-period, h par Easement Agreement are perpetual easement rights, not limited to any and therefore, are available for future development of Outlot A. RECEIVED MAR 2 7 2091 -~3 i Mayor Mike Maguire Eagan City Administrator Thomas L. Hedges March 27, 2008 Page 2 Ith the easement rights under Subsequently, BCBSM purchased Outlot A, together f the Warranty Deed from EHCPto Easement Agreement, from EHCP. (See attache copy i BCBSM.) ownership rights; to The Easement Agreement grants rights to BCBSM that are al to f ectioln w th the commercial wit, Section 6 of the Easement Agreement permits BCBSM, "in development of [Outlot A] to modify the shape and/or configuration of the parking lot, din g n an exchange of real property, if required, so as to reasonablyvh ch consent shall level certain other requirements development of [Outlot Al", subject to the consent of of Eagan, Eaand Lot 1 not be unreasonably withheld), the consent of the City g Section 6, p• 2.) set forth in Section 6 of the Easement Agreement. (Easement Agreement, amendment and a final planned MSP Commercial applied for a planned development amen of located within the Parking issueArea development to allow for the development a medical office raised by the proposed development is how the parking stalls s on Lot I will be allocated by the City of Eagan between the proposed deetpa king i qu r na na future development on Outlot A with respect to meeting minimum off-str P a an Ci Code, Section 11.70, subd. 5 states that the minimum parking spaces required for E g tY developments "shall be provided and maintained set forth'Sh Thereforee pursuantsto Eagan,s during the life of the respective uses herein ordinances, parking spaces available pursuant to easements shall be counted toward meeting minimum off-street parking space requirements. "Plannin Report"), the As stated in the Commission's Planning Report dated March 20, 2008 ( g 10 requested development requires between 175 - 219 parking spaces. (Planning Report, p. 4.) m the Planning Report states that the developer's proposed eet the parking space requirements, parking lot provides 150 stalls on Site Plan utilizes the existing parking lot layout [which] P site. This is 25 stalls short of the required 175, and 69 stalls short of the required 219 stalls.' (Planning Report, p. 4.) Acknowledging the shortfall in required parking, the Planning Commission noted that the proposed development might have easemen area t rigdts to Paaki able en the southern part of Lot 1 (Best Buy) and that "[flhis easement woul make additional 56 parking stalls." (Planning Report, p. 4.) However, the Planning Report concedes on that "these stalls are not identified in the parking calculations rovied by the hape notbeen verifiedi'c (Planning Plan, and the actual parking rights under the easement Report, p. 4.) lot referenced in the Site Plan is the same based as on the the ALPar1TA survey l provided by the The parking Agreement. Notably, the Planning Report states, -northeast. benefits this entire arlcin lot a ears to be encumbered b an easement applicant, Blue Cross Blue Sheild sic which owns ad'acent ro er to the Report, p. 4) (emphasis added.) In the Summary/Conclusion, the Planning Report again states -7q Mayor Mike Maguire Eagan City Administrator Thomas L. Hedges March 27, 2008 Page 3 that "All of the parking available for this use appears to be shared via private easements with adjacent properties. Verification of the private easements that both benefit and encumber this property will need to be provided to the City." (Planning Report, p. 4) (emphasis added.) At its meeting on March 25, 2008, the Commission voted to approve the planned development amendment and final planned development. In doing so, the Commission allowed MSP Commercial to count all of the parking spaces on Lot 1 (the Parking Area) towards its proposed development. The result of this decision is to preclude BCBSM from counting any of the parking spaces on Lot 1 - to which it has easement rights - towards its future development of Outlot A. The City of Eagan cannot deprive BCBSM of the benefit of its property interests in Lot 1 and its rights under the Easement Agreement. We appreciate the City Council's consideration of these matters and the opportunity to be heard on BCBSM's property rights in Lot 1. Sincerely, i I Roger W. Kleppe I Senior Vice President, Human Resources and Facilities Services i BCBSM, Inc. dba Blue Cross and Blue Shield of Minnesota Enclosures D. Eagan Place 3rd Addition Applicant Name: MSP Commercial Location: 1225 Town Centre Dr; Lots 2 and 3, Block 1 Eagan Place 2nd Addition Application: Planned Development Amendment A Planned Development Amendment to allow a medical/office building. File Number: 15-PA-02-02-08 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated March 20, 2008. She noted the background and history. Alex Young, MSP Commercial discussed building materials, elevations, and other development features. Member Heaney stated he will be abstaining from voting on the item. Chair Hansen opened the public hearing. Carol Eiden, Attorney for Blue Cross Blue Shield, discussed the parking area and easement east of the proposed building and stated that it should be shared by MSP Commercial and Blue Cross Blue Shield. She stated Blue Cross Blue Shield objects to the proposal because the parking should be equally divided. She stated objection to any re-striping of the parking lot due to the parking area easement. There being no further public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. Mr. Bauer explained that the matter is both public and private and explained that the City has interest in the parking rights of each property however there is a private issue with the sale agreement regarding parking as it relates to the suggested additional Condition No. 14. Member Chavez expressed concern about the density of the proposed development. Member Dugan asked staff to summarize the proposed deviations. Planner Dudziak stated the proposal included deviations to parking, setbacks and signage. City Planner Ridley explained that areas of cross-easements for parking. Chair Hansen stated the building is attractive, but he is concerned about the parking. Peter Dugan asked the applicant if the size of the building is driven by the needs of the planned medical clinic tenant. Mr. Young stated that yes, the clinic's space needs dictate the building footprint. He further explained that they anticipate the parking east of the building would be used by visitors, and the parking west of the building would be for staff. Member Filipi stated that the proposed use and size of building is appropriate in this area and that but for the parking questions, the Commission would not have concerns about the proposal. ILe Chair Hansen stated he agreed with Member Filipi's comments. Member Chavez moved, Member Feller seconded a motion to recommend approval of a Planned Development Amendment and a Final Planned Development to allow a two-story medical/professional office building upon approximately 3.39 acres, legally described as Lots 2 and 3, Block 1, Eagan Place 2nd Addition located in the NE '/4 of Section 15 subject to the following conditions as amended: 1. A Final Planned Development shall be required and an agreement shall be prepared and recorded at the Dakota County Recorder's Office prior to issuance of a building permit. The following plans are required for the Final Planned Development: a. Final Site Plan b. Final Building Elevations c. Final Landscape Plan d. Final Signage Plan e. Final Site Lighting Plan 2. The property shall be replatted as a single lot and the plat recorded with the Dakota County Recorder's office within 60 days of plat approval and prior to issuance of a building permit. 3. A separate screening structure that extends at least as high as the rooftop equipment itself shall be installed. This screening structure shall be a single structure to encompass all of the equipment, and shall be constructed of materials that are architecturally compatible with the exterior materials of the principal building. Plans for the screening structure shall be provided with the building permit application. 4. Trash storage shall be located within the principal building. 5. Building signs shall be located as shown on the approved elevations, and all building signs shall be similar in design and of the same type of construction. 6. The total number of building signs shall not exceed five signs. Only one building sign shall be permitted for each tenant. Up to two building signs on separate elevations may be permitted for a single tenant occupying 50% or more of the building. 7. The Landscape Plan shall be revised to show opaque landscape screening of ground mounted mechanical equipment. 8. The monument sign shall be set back 10' from the sidewalk easement as required by City Code. 9. The base of the monument sign shall be constructed of the same brick to match the principal structure. 10. The monument sign face shall be reduced to no more than 4 feet in height. 11. All site lighting shall be downcast and shielded such that the source of light is not visible from off the property. 12. The developer shall provide evidence of private ingress/ egress easements between the properties, for review and approval by the City Attorney prior to building permit approval. 13. The developer shall provide a Tree Inventory and Tree Preservation Plan for review and approval by the City Forester prior to issuance of a building permit. 14. The applicant shall provide evidence, in a form acceptable to the City Attorney, of the shared parking rights that the property has to adjacent property, as well as any shared parking rights that encumber this property. A vote was taken. All voted in favor. Motion carried: 5-0. Member Heaney abstained from voting on the item. -77 PLANNING REPORT CITY OF EAGAN REPORT DATE: March 20, 2008 CASE: 15-PA-02-02-08 APPLICANT: MSP Commercial HEARING DATE: March 25, 2008 PROPERTY OWNER: Eagan Place Partners II, LL.C APPLICATION DATE: March 5, 2008 REQUEST: Planned Development Amendment PREPARED BY: Pamela Dudziak LOCATION: 1215 & 1225 Town Center Drive COMPREHENSIVE PLAN: SA, Special Area - Office/Service ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment and a Final Planned Development to allow a two story medical/professional office building upon approximately 3.39 acres, legally described as Lots 2 and 3, Eagan Place 2"`' Addition located in the NE of Section 15. 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 affinnative 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. BACKGROUND/HISTORY Prior to 2005, the site was part of the Eagan Mann 9 Theater- which was constructed in 1994. In August 2005, a PD Amendment permitting construction of a Best Buy retail store was approved and resulted in the consolidation of the Mann Theater property with the adjacent parcel to the north (then occupied by a Red Robin restaurant, constructed in 2000). That Plat-Hied Development Amendment also included preliminary approval of two freestanding building pads on the south end Planning Report -Eagan Place P March 25, 2005 Page 2 near Town Centre Drive, and reserved -30 s.£ of sign area on the pylon sign located on Lot 1 for the benefit of the subject site (Lots 2 and 3). The subdivision to create separate parcels for the two freestanding buildings was accomplished early in 2006. There are private easements for parking and ingress-egress and shared parking that cover portions of the subject site. The Preliminary PD for these two lots approves retail, restaurant or office uses of 7,000 sq. ft., on each lot. EXISTING CONDITIONS The subject site consists of two parcel totaling approximately 3.39 acres. The site is improved with a surface parking lot that was constructed with previous development. There are private easements with adjacent properties for parking and ingress/egress that coven portions of the subject site. In addition, a 15' public sidewalk and snow storage easement extends the length of the property adjacent to Town Centre Drive. For setback purposes, the City Code defines the street right-of- way to include any "strip of land intended to be used for roadways, sidewalks, railroads or utility purposes on which an irrevocable right-of passage has been recorded." SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Retail - Best Buy PD, Planned Development SA, Special Area East Office PD, Plartned Development SA, Special Area South Residential PD, Planned Development SA, Special Area West Office PD, Planned Development SA, Special Area EVALUATION OF REQUEST Description of Proposal - The applicant is proposing to redevelop this site with a two-story medical/office building on this site. The existing Planned Development was approved in 2005 and permitted retail, restaurant or office uses of 7,000 sq, ft. on each of two lots. The proposed medical office building is 32,800 sq. ft. in area. The proposed PD Amendment combines the two lots into one parcel, and places a building on the west edge of the property. The existing parking lot will be utilized with some modifications to allow for site circulation with the new building. Primary access to the site is provided from Town Centre Drive to the south, Compatibility, with Surrounding Area - The surrounding area is a mix of office and retail commercial uses. A senior apartment, O'Leary Manor, is located across from the development site south of Town Centre Drive. The proposed medical/office use appears consistent with surrounding development and the Preliminary Planned Development.. However, the proposed Planning Report - Eagan Place 3`J March 25, 2005 Page 3 development is more intense than was anticipated when the Preliminary PD was approved with the Best Buy redevelopment in 2005. AirportCompatibility -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 commercial office is considered a compatible use within Noise Zone 4. Lots -The applicant has submitted an application to replat the property and combine the two existing parcels into one lot. The combined lot area is approximately 3.39 acres. Conforming Plan - The requested amendment is for a use that is permitted under the 2005 Preliminary PD. As such, the evaluation of the proposed amendment focuses on compliance with the conditions and performance standards outlined in the City Zoning Code with respect to typical office development. The Conforming Plan shows a smaller building (10, 355 sq. ft. as compared to the proposed 32,800 sq, ft.). The parking lot remains as existing. The Conforming Plan satisfies the setbacks from the sidewalk easement, and exceeds the required number of parking stalls. Setbacks - Typical required yard setbacks for- commercial development are 30' feet from a public right-of-way (Town Centre Drive), 10' from side lot lines and 20' from and rear lot lines. Parking /pavement setbacks of 20' from the right-of-way and 5' from side and rear lot lines apply. There is a 15' sidewalk easement extending the length of the property abutting Town Centre Drive. This is a public easement and as such, City Code requires that the setbacks for both building and parking be measured from the edge of the easement rather, than from the property line. As proposed, the building setback measures 17' from the lot line, only 2' from the easement, at the southeast corner. On the southwest corner, the building measures 33' from the lot line, and 18' from the easement. The proposed setbacks are a deviation from Code requirements, the acceptability of which is a policy matter to be determined by City officials.. The Conforming Site Plan submitted by the applicant shows the building setback 30' from the easement edge, placing the southeast comer 46' from the lot line. The Conforming Site Plan maintains the existing parking, which does not meet the required 20' setback from the easement. Parking - It appears that there are private easements for ingress/egress and parking with adjacent properties that both benefit and encumber the subject site. The applicant should provide evidence, in a form acceptable to the City Attorney, of the shared parking rights that the property has to adjacent property, as well as any shared parking rights that encumber this property. 5D Planning Report - Eagan Place 3`d March 25, 2008 Page 4 City Code requires medical offices to provide tluee parking stalls for each staff doctor practicing on the premises at one time or one space for each 150 sq.. ft. of gross floor area, whichever is greater. Other professional offices require at least one parking space for each 150 sq. ft. of net leaseable area. Since this building may lease up with either medical or standard office uses, the range of required parking is 175 - 219 stalls. At the upper end, 219 stalls would be required for' 32,500 gross sq. ft. at one stall for each 150 sq. ft. At the lower end, a total of 175 parking stalls would be required for 26,240 sq. ft. of'riet leaseable area (80% of 32,800 g.s.f). The Site Plan utilizes the existing parking lot layout, with modifications to the west end near the proposed building to provide a drive aisle for north south circulation. The parking lot provides 150 stalls on site. This is 25 stalls short of the required 175, and 69 stalls short of the required 219 stalls, This parking shortage is a deviation to City Code requirements. In addition, based on the ALTA survey provided by the applicant, this entire parking lot appears to be encumbered by an easement that benefits Blue Cross Blue Sheild, which owns adjacent property to the northeast. It appears that a parking easement benefiting the subject site (Lots 2 and 3) over the southern part of Lot I (Best Buy) was created with the 2006 subdivision. This easement area would make available an additional 56 parking stalls.. A review of the previous Planned Development file indicates that these stalls are in excess of the minimum amount required for Best Buy. However, these stalls are not identified in the parking calculations provided by the applicant on the Site Plan, and the actual parking rights under the easement have not been verified- Also, off-site parking in satisfaction of minimum code requirements is a deviation from typical standards, however, shared parking between lots can be accommodated within a Planned Development. The development proposes to maintain the existing parking stall width of 9 feet. This is consistent with the parking stall size approved in the Preliminary PD Agreement for the Best Buy store. Bulk Standards - Building Coverage - The building footprint is 16,400 sq. ft. which is 11.1 % of the 3.39 acre site. This is well below the typical coverage limits for commercial development, which range from 20% to 35%. Green Spcicellnrpervior.rs coverage - With redevelopment of this site, approximately 3,800 sq. ft. will be converted from impervious coverage to green space. This equates to 2.57% decrease in impervious area, and corresponding increase in green space.. Building Llewitions/ffi chiteccure - The architectural standards applied to Best Buy in 2005 were those specified for the Cedar Grove District.. The CGD district requires 60% of the exterior to be brick, stone or glass. Since the preliminary approval of this PD in 2005, the City has adopted specific architectural requirements applicable to all commercial and industrial zoning districts. Planning Report - Eagan Place P March 25, 2008 Page 5 For commercial developments, the ordinance requires at least three Class I materials and not more than 10% accent materials. The proposed building appears to satisfy both architectural standards. The finish materials are 98% brick, glass, and manufactured stone.. Metal coping along the roofline and metal canopies over the doorways are 2% of the exterior- To illustrate the use of materials the applicant has provide a photo of a similar building recently constructed, as well as a sample board of the proposed masonry materials, Building Height -The building is proposed to be two stories. The building height is 27'61), with a parapet extending to 30'6". This is consistent with typical structure height limits in commercial zoning districts which range from 30 -35 feet. Mechanical Equipment - All rooftop and ground mounted mechanical equipment should be screened from views from off the property consistent with City zoning ordinances. The building elevations show a sight line analysis indicating that mechanical equipment will be placed at least 12' behind the edge of the building, and demonstrating that from the street, rooftop mechanical equipment should not be visible. At greater distances (274' and 314') with a lower viewing angle, some portion of the rooftop equipment does become visible.. These distances enable visibility from adjoining properties and from the east end of the subject site, For this reason, a separate screening structure that extends at least as high as the rooftop equipment itself should be installed. This screening structure should be a single structure to encompass all of the equipment, and should be constructed of durable or maintenance free materials that are architecturally compatible with the exterior materials of the principal building. If landscape screening of ground mounted equipment is utilized, the landscape materials must remain frilly opaque year around, The proposed ornamental grasses do not satisfy this standard and a different landscape material should be shown on a revised Landscape Plan. Trash Storage - Trash storage is located within the building. Si age - A monument sign is proposed at the driveway from Town Centre Drive. The Site Plan indicates the height requirements will be satisfied. The monument sign is located 15' from the lot tine, however, the sign should be set back 10' from the sidewalk easement. The base of the monument sign should be constructed of the same brick to match the principal structure. City Code limits the overall sign height to 7', with a sign face not exceeding 4' in height. The proposed sign face is a smooth manufactured stone, with surface-mounted letters in brushed aluminum. The proposed sign face is 5' in height. This is a deviation from typical Sign Code standards and the monument sign face should be reduced to no more than 4' in height. Building signage is proposed on the south side (two signs) and west end (three signs) of the building. This signage is proposed for tenant names, Building signs are proposed to be located within a sign band at the top of the building. The area of proposed signage appears consistent Planning Report - Eagan Place 3rd March 25, 2005 Page G with City Code requirements; however, the number of permitted signs would be dependent upon the number of tenants, which is unknown at this time. Staff suggests the following parameters for building signs: a) the total number of building signs should not exceed the five signs as proposed; b) only one sign should be permitted for each tenant; and c) two signs on separate elevations may be permitted for a single tenant occupying 50% or, more of the building. Building signs should be located as shown on the approved elevations, and all building signs should be similar in design and of the same type of construction. Landscaping - The Landscape Plan shows relocation of 15 of the existing trees along the outer edge of the property along Town Centre Drive between the building and the street. New trees are proposed to be installed in those areas. The Landscape Plan does not specify where tlne relocated trees will be placed. The Landscape Plan should be revised to provide this information to be included in the Final Planned Development Agreement. If the trees cannot be relocated on site, they will be removed to make way for landscaping that better fits the new development and site layout. The Landscape Plan shows 37 new trees (shade trees, evergreens and ornamentals) throughout the site. Screening of parking areas is provided by a row of Dwarf Korean Lilacs. Two shade trees and gro-low sumac are proposed within the parking lot islands. The foundation around the building is landscaped with a variety of shrubs and perennials.. The driveway is flanked with planting beds of'perennials and annuals. The electrical transformer is located off the southwest corner of the building and is proposed to be landscaped with ornamental grasses.. The Landscape Plan should be modified to provide an opaque landscaping screen of the mechanical equipment as required by City ordinance. Site Lighting - Site lighting is proposed to be through pole-mounted 400-watt metal halide fixtures. Pole-nnounted lights are at a height of 25', one at the northwest corner of the site is 15'. The photonnetrics show acceptable light levels of not less than 0.5 footcandles within the parking areas. All site lighting should be downcast and shielded such that the source of light is not visible from off the property. Light levels along Town Centre Drive are less than 0.5 footcandles with the exception of the driveway. At the east end of the parking lot, light levels reach 22 footcandles. The adjacent property is vacant and contains a driveway fionn Town Centre Drive to the office building northeast of the subject site. GradinQ/Topograpliy - The site was graded with previous development. Grades and slopes on the site will remain generally as current, with the site sloping toward the existing Pond DP-20 (as designated in the City Storm Water Management Plan) along the north. Storal Drainage - The proposed land use change will utilize the existing storm drainage system on the site, with slight modifications. Storm water runoff will drain the Pond DP-20 along the east side of the site. Utilities - Existing sanitary sewer and water main of sufficient size, depth, and capacity are available frornn Town Centre Drive for connection by this development. 8,3 Planning Report - Eagan Place P March 25, 2008 Page 7 Streets/ Access/ Circulation - Vehicle circulation between this lot and the Best Buy lot is provided via parking lot service drives. The developer should provide evidence of private ingress/ egress easements between the properties, for review and approval by the City Attorney prior, to building permit approval. Pedestrian circulation in the area is provided by sidewalks and trails on Town Centre Drive and Yankee Doodle Road coruiected to the City's trail system. Access to Town Centre Drive is proposed at the same three locations as the existing accesses for the current land use. The northerly access to the site (Best Buy) directly aligns with Town Centre Drive and is one leg of the four-way stop intersection with Town Centre Drive (south and west legs) and Yankee Place (north leg). The middle access to the site (also on Best Bury property near the property line) is located near the inside of the curvature of Town Centre Drive, and the third access is near the eastern edge of the property, The recently approved Yankee Doodle Road Corridor Study indicates that the nearby intersection ofYarrl:ee Place at Yankee Doodle Road (County Road 28) is to be modified to a "3/4" intersection that will eliminate left turn movements from northbound Yankee Place/ Town Centre Drive onto westbound Yankee Doodle Road. Easements/Rights of Way/ Permits - There are existing private easements in' place that both benefit and encumber the property. The applicant should provide evidence, in a form acceptable to the City Attorney, of the shared parking rights that the property has to adjacent property, as well as any shared parking rights that encumber this property. Wetlands/Water Quality - With redevelopment of this site, impervious coverage on the development site will be reduced from 58..03% to 55.46%. Tree Preservation - The site was previously developed and contains existing landscape trees along the southern edge of the site. Many of these existing trees are of a size that qualifies as "significant" under the City's Tree Preservation ordinance, however, some are damaged or unhealthy. As a single-lot commercial development, the Tree Preservation ordinance allows up to 30% removal of existing significant trees. Relocated trees can be counted as preserved. As required by the ordinance, the developer' should provide a Tree Inventory and Tree Preservation Plan for review and approval by the City Forester prior to issuance of a building pernmit. Parks and Recreation - Park and trail dedication was satisfied with previous development of the subject site- SUMMARY/CONCLUSION The applicant is requesting approval of a Planned Development Amendment to allow a two story medical/professional office building upon approximately 3.39 acres, legally described as Lots 2 and 3, Eagan Place 2"d Addition located in the NE V4 of Section 15. Approval of the PD Amendment constitutes simultaneous approval of a Final Planned Development. g~ Planning Report - Eagan Place 3r'' March 25, 2008 Page 8 The proposed medical/office use is permitted in the 2005 Preliminary PD. The proposed development is more intense than was anticipated the in Preliminary PD. The Preliminary PD anticipated two 7,000 sq.. ft. buildings; the PD Amendment proposes a single two-story building of 32,800 sq. ft. With only one building now proposed, the property is being replatted into a single lot. The proposed building architecture and materials satisfy City Code standards and it appears compatible with surrounding uses, Deviations are proposed to setbacks from the sidewalk easement along Town Centre Drive and to parking requirements, All of the parking available for this use appears to be shared via private easements with adjacent properties. Verification of the private easements that both benefit and encumber this property will need to be provided to the City. The development will need to provide for additional screening measures for rooftop mechanical equipment and a Tree Inventory and Preservation Plan will need to be provided. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment and a Final Planned Development to allow a two story medical/professional office building upon approximately 339 acres, legally described as Lots 2 and 3, Eagan Place 2nd Addition located in the NE 1/4 of Section 15. If approved the following conditions shall apply: L A Final Planned Development shall be required and an agreement shall be prepared and recorded at the Dakota County Recorder's Office prior to issuance of a building permit. The following plans are required for the Final Planned Development: a. Final Site Plan b. Final Building Elevations c. Final Landscape Plan d. Final Signage Plan e. Final Site Lighting Plan 2. The property shall be replatted as a single lot and the plat recorded with the Dakota County Recorder's office within 60 days of plat approval and prior to issuance of a building permit. 3. A separate screening structure that extends at least as high as the rooftop equipment itself shall be installed. This screening structure shall be a single structure to encompass all of the equipment, and shall be constructed of materials that are architecturally compatible with the exterior materials of the principal building. Plans for the screening structure shall be provided with the building permit application. 4 Trash storage shall be located within the principal building, Planning Report - Eagan Place 3`a March 25, 2008 Page 9 5.. Building signs shall be located as shown on the approved elevations, and all building signs shall be similar in design and of the same type of construction.. 6. The total number of building signs shall not exceed five signs. Only one building sign shall be permitted for each tenant. Up to two building signs on separate elevations may be permitted for a single tenant occupying 50% or more of the building. 7. The Landscape Plan shall be revised to show opaque landscape screening of ground mounted mechanical equipment. S. The monument sign shall be set back 10' from the sidewalk easement as required by City Code. 9. The base of the monument sign shall be constructed of the same brick to match the principal stricture. 10. The monument sign face shall be reduced to no more than 4 feet in height.. 11. All site lighting shall be downcast and shielded such that the source of light is not visible from off the property. 12. The developer shall provide evidence of private ingress/ egress easements between the properties, for review and approval by the City Attorney prior to building permit approval. 13. The developer shall provide a Tree Inventory and Tree Preservation Plan for review and approval by the City forester prior to issuance of a building permit.. Oce Eagan Boundary Right-of-way Park real Location Map Parcel Area Building Footprint ' Dace Q: o z a n ~ j 1 a D ° - g r a y1, e g o Subject Site 4 you ~ C coUfM ROAD Mau (YANKEE DOODLE ItO✓<D) - l3 Q 13 . p LLII ~ O 4 Do noe aD 013 o©u upo ~ ~ ©o~ot~ro O = ooh= 17a i_ o o i,... a3D n _ . C7 a~ c c~ 17 p C= = n aDa$ a° a a~~...qn ~~ow m„NO.twa ~ p s d OQa a - n 4-2. D 4 D 4 ° o 1000 0 100D 2000 Feet Development/Developer. Eagan Place 3rd Application: Planned Development Amendment Case No.: 15-PA-02-02-08 N Alb, City of Eapn THIS MAP 15 INTENDED FOR REFERENCE USE ONLY W+L 6 The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are `S Community Dovolopm.nt D.Partmant not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Land Use Map Eagan Place 3rd Planned Development Amendment 15-PA-02-02-08 Zoning Map p~=3 A e'er PD r4~ PD ` 3 PD LD t Current Zoning: CDVnrrnDADRDaatrAxnr:EDDDDLenDAO, Location - PD PD ° Ls Planned Development D CSC PD PD PD P CSC PD PD R. .r~44b CSC e• y PD coo 0 coo raeo r.a a Comprehensive Guide Plan So A. SA ;r SA Land Use Map SA eovxrr none xo~DDDDLenDAD) Location S Current Land Use Designation: SA SA A SA A SA L.... Special Area SA SA A P SA L HD e~. H yr,, t 1. ~ HD i aoa o coo 1204 r..t 7-A Parcel Da.a mop Inormotlan provldadry Dakota county Land MUrvay DopartmeK Oecmba 2005. ?v ZaninO InlotmaUon malntainod b)City Mott T City of Eakan THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this Information. 5 NO` ri'~ -=tar _ =~7: I X.~ S f frr11. 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ACSP COfrNERCl4l, , Engineering . . ff5TV1I51 DlUyE IL'r1CtA AIN ".316 LANDSCAPE PLAN rte.,,, bali•Wp.p~ - q • € c ff ~ / ~/~.-.~K i c~ ka •a", v'as` Rama S trio I t.. ' S Y1. } E pp CF I~ all '4 M -1E ^4 R- I^. 4 e e Fzu; g R o b 112 1 _6a , ~ a HQ ~b s - - ~qN aC 1 ..;-~Y'sae.;i's 'r:a^•.v:. n:r'ws~_,v .:r ..c: n.:: ~,uc...ao: •w.c:^ •~,nnc 2€ ~1 c'.atpRa EAGAN PLACE PRDFFSSIONAL BL4LDWG i~ewrsrru,rrnurnnw,x~wcuawa em47R tiv un: ral ~J naortewrwu®rruemusuwl>nb, g rac ¢ROrvC+vr+O AttrINJAn4TIfytFn q~n. .T. C.?X> NA'F+T'~ir4.•.. CO b OB-0D2 MSPCDMMERCW. V~. WE op nwe,n .t" Engineering SISTO oR DRNF 10MCk WSSM N CONFORMWG SITE PLAN pER . cent a e, Tfi:CTTYOFFAGANSTANDARD5 O1-' m-hrn~,r"eparorm, wre mca ,¢cxn.~tr ani:u/e-gpme.-V.ivo,t rnNGn~neiNr, crrc Of AKI f t ° February 20, 2008 Julie Strid Planning Aid City Hall 'N o7 3830 Pilot Knob Road Eagan, MN 55122 ~ QI V o RE: MSP/ Eagan Place Professional Building ca PID #'s 10.22464-020-01, 10-22464030-01 _ m CD Dear Ms. Strld: -NT R- N We are most pleased to submit herewith our project package for a professional ~ medical/professional building site for appropriate approvals. MSP requests the City of N Eagan to consider approvals of a final plat, planned development amendment and final planned development for our proposed medical/professional building. "gym N m MSP Metro Development Company, LLC ("MSP Commercial") has developed many b medical/professional office buildings in and around the Twin Cities, including Eagan. We developed the Yankee Doodle Professional Building in 2006 and the Town Centre Professional Building (just down the street from this proposed location) in 2000. The Eagan Place Professional Building will be our third first class medical/professional building in Eagan. We modeled the proposed building after a building we opened just last summer in Roseville. The building was very well received by the community both for its high quality design and materials. We would expect to begin construction on this project in the spring of this year, and in the near future will begin actively marketing the balance of the space available after our anchor tenant settles on final floor plans. Currently, the neighboring site uses include corporate headquarters, a Best Buy retail store, a government building and multi family housing complex to our southeast. In addition to the immediate uses, it is also important to note that this area has become a medical hub for Eagan and with the addition of our proposed building this trend will continue. Our use enhances and complements the uses of the surrounding area . This property has. a history of development and redevelopment. Most recently an old theater was removed to make way for the new Best Buy, which was part of a larger approval area, including the redevelopment of this site. Currently our site consists of 1.91 acres of overflow parking which translates to 1.91 acres of impervious surface area with no buildings. Our plan will reduce the total impervous area to 1.75 acres while adding a building and reducing runoff of water and chemicals into the City's regional pond. The impervious area will be replaced with green space. We have been working with Blue Cross Blue Shield, our neighbor to the east, on some underlying private easements that encumber the property. Our intent is to meet with them the week of the 251h of February to discuss our proposed plans and to hopefully come to an agreement which will allow for our development as proposed. They are open to talking with us but want to make sure that future development of their site is not harmed 9f RECEIVED FEB 2 9 200E We hope that you will find this proposal an exciting addition to Eagan. Please feel free to contact us with any questions. Thank you for your time and attention. Sincerely, zx;~/ ?7"" Alex Young Vice President ME-CEI ED FEB 2 0 200 1 7~ L 4, t{~ i? 56 ~ p-. "CK '•1`-. 'x-z-~: . ~fa~®\ l to I• F ~ t kb d '_x ~ err 1 t J~iv. ~~v, Ir~i P r „'s a~ r,f~'"za ,.~'S?~.~• - ",--fir;; _ 1- P•-,Y• 9 1 _I 1 .yY `i 3y i, SSG t' tit -a7 - .:G .L rZA . ~ vhf ~7.1!> x < Y• ~ t,~`„•> .Sw~ e x k a gn ~Y W Z ZOu V) ? @ W uox 3 'j$ 3 w C Y e6 3F Z N ~•.n...o:aen z° g 4 O 0 6g 7 ~~s + + u S 3 a~5 3:- I ~o - S Wo r°..w z7s 4~ x t~ oy 3Co •YJ _ ~ o I - oz I . I I .ate I I I is I lp I i 00•S61 3.60rZr.00S t I O I 3so,zro~ocss': • , I x ar, e",~ b o I > ' I SaTozefi g, , I L~9d r ( ' ~ e '~a pll I - bo ~\3q, '~b~5,., I m I I 3.60,ZI.OOS ( J--------------- ------.l , ('y' •---J -oo•sr• ~ emu,------ I 1 I'; ^ I o-i iQo I t_ O i7° ' I Q ;a~ , Asa I .I gr o-' ~ ~ I It ca a ; I i• I Z $Si 60 Zr.frM } - 1-- - - - 1 In Z;l L7 LLJ x i I 5 I % rox- S i ss I •.60.Z-OOAf ^ ' f I ~8' Se ; I E~ I S i ~'r I I I 38` ~ I • hA; 1~~ 111 /l r o0 r / •N % y / OB 6y / Al/ BlueCross BlueShield B1uePlus ® of Minnesota March 24, 2008 VIA FACSIMILE (651-675-5694) Mr. Steven Chavez- Vice Chair Ms. Kim Feller Mr. Mark Filipi Mr. Gary Hansen - Chair Mr. Thomas Heaney Ms. Dana Keeley - Secretary Mr. Nadim Zoberi Mr. Peter Dugan-Alternate Eagan Advisory Planning Commission c/o Community Development Department 3830 Pilot Knob Road Eagan, MN 55122 Re: Proposed Eagan Place Professional Building/MSP Development Dear Advisory Planning Commission Members: BCBSM, Inc. dba Blue Cross and Blue Shield of Minnesota (`BCBSM") owns property adjacent to the proposed development by MSP Development of Eagan Place Professional Building on Lot 1, Block 1, TOWN CENTRE 100 TWELFTH ADDITION, Dakota County, Minnesota ("Lot I"). We understand you will be considering action concerning the proposed development of Lot 1 at your meeting on Tuesday, March 25, 2008, and therefore, we wanted to explain BCBSM's position regarding an issue raised by said proposed development that materially impacts BCBSM's property rights. BCBSM's adjacent property consists of two parcels. One parcel has been developed with a ten story office building. The other parcel, legally described as Outlot A, TOWN CENTRE 100 TWELFTH ADDITION, Dakota County, Minnesota ("Outlot A"), remains vacant and will be developed in the future. BCBSM also owns parking easement rights over a significant portion of Lot 1 ("Parking Area") pursuant to a Supplementary Parking Easement Agreement ("Easement Agreement") between Mann Theatres, Inc. ("Mann Theatres") and Eagan Heights Commercial Park ("EHCP") dated December 30, 1993, which parking easement rights are appurtenant to Outlot A. I am enclosing a copy of the Easement Agreement for your reference. The Parking Area contains 168 parking stalls. The issue raised by the proposed MSP Development is how the parking stalls located within the Parking Area will be allocated by the City of Eagan between the proposed development on Lot 1 and future development on Outlot A with respect to meeting minimum off-street parking requirements. Prior to executing the Easement Agreement, EHCP owned both Lot 1 and Outlot RECEIVED MAR 2 4 2008 Eagan Advisory Planning Commission Page 2 A. As a condition of the sale of Lot 1 to Mann Theatres, and as memorialized in the Easement Agreement, EHCP required that Mann Theatres execute the Easement Agreement in order to reserve parking rights over the Parking Area to benefit future development of Outlot A. In fact, the Easement Agreement grants rights to BCBSM that are akin to fee title ownership rights, in that Section 6 thereof permits BCBSM "to modify the shape and/or configuration of the parking lot, including an exchange of real property, if required, so as to reasonably accommodate the development of [Outlot A]", subject to the consent of the owner of Lot 1 (which consent shall not be unreasonably withheld), the consent of the City of Eagan, and certain other requirements set forth in Section 6 of the Easement Agreement. Eagan City Ordinance section 11.70, subd. 5 explicitly states that the minimum parking spaces required for developments "shall be provided and maintained by ownership, easement or lease, for and during the life of the respective uses hereinafter set forth". Therefore, pursuant to Eagan's ordinances, parking spaces available pursuant to easements shall be counted toward.meeting minimum off-street parking space requirements. It is our understanding that the City of Eagan may not allow any parking spaces within the Parking Area to be counted toward BCBSM's future development of Outlot A. However, such a position would violate the City of Eagan's own ordinances, as quoted above. The parking easement rights granted by the Easement Agreement are perpetual easement rights, not limited to any particular time-period, and therefore, are available for future development of Outlot A. The City of Eagan cannot deprive BCBSM of the benefit of its property interest in Lot 1 and its rights under the Easement Agreement. Such deprivation would be in contravention of Eagan City ordinances that allow BCBSM to count the parking spaces in the Parking Area toward meeting minimum off-street parking requirements for any future development of Outlot A. We look forward to working with the City and MSP Development to resolve this matter amicably. Sincerely, BCBSM, Inc. dba Blue Cross and Blue Shield of Minnesota 1j I Roger W. Kleppe Senior Vice President, Human Resources and Facilities Services RWK:kb Enclosure h 2569913 v02 03/21/2008 Agenda Information Memo April 15, 2008, Eagan City Council Meeting VII. NEW BUSINESS A COMPREHENSIVE GUIDE PLAN AMENDMENT AND PLANNED DEVELOPMENT AMENDMENT - SELECT SENIOR LIVING OF EAGAN LLC ACTION TO BE CONSIDERED: To direct staff to submit to the Metropolitan Council a Comprehensive Land Use Plan Amendment (OR direct preparation of findings of fact for denial) that would to change the land use designation from SA/MD (Special Area/ Medium Density), to SA/HD (Special Area/ High Density), to allow for a 71 unit Assisted Living Facility at property legally described as Lots 1 and 2, Block 1, Terra Glenn 3'd Addition, in the NW 1/a of Section 16. REQUIRED VOTE FOR APPROVAL: At least four votes FACTS: ➢ The subject site is part of the Blue Cross Blue Shield East Campus Master Plan ➢ The Council approved a subdivision in 2003 to allow 12 unit townhome buildings on two separate lots. ➢ The Council approved a Planned Development Amendment to allow one 24 unit townhome building on two lots in 2007. Due to market conditions this application was withdrawn prior to recording of the approvals. ➢ Access occurs from Hunt Drive, which was renamed from 81s' Street, via Coachman Road, South of Yankee Doodle Road. ➢ The site has been graded and the parking lot and storm water pond were also installed with the 2003 approvals, but modifications will be required per the proposed plan. ➢ Surrounding development consists of Single Family homes, Apartments, and the City Maintenance Facility. ➢ The proposed Site Plan identifies a 71 unit Assisted Living Facility with a density of 31.5 units per acre, which constitutes the need to reguide the property. ➢ The proposed amendment would require a number of deviations from standard R-4 (residential multiple) zoning. ➢ Deviations include: • Exceeding density allowed under R-4 zoning • Building setback less than 50 feet from Yankee Doodle Road • Parking setback less than 20 feet from Hunt Drive • Parking of less than two stalls per unit • Building coverage greater than 20 percent • Recreation area less than that required 10~ ➢ The Advisory Planning Commission held a Public Hearing regarding the proposed Comprehensive Guide Plan Amendment and Planned Development Amendment on March 25, 2008 and is recommending denial. ISSUES: ➢ Since Comprehensive Guide Plan amendments are subject to review and approval of the Metropolitan Council, formal action on the associated Planned Development Amendment request will be withheld until the Metropolitan Council has responded to the proposed Comprehensive Guide Plan amendment. However, it is appropriate for the Council to comment on the other request at this time. ➢ Subsequent to review by the Metropolitan Council, if so directed, the following action will come back before the City Council for consideration: • To approve (OR direct preparation of Findings of Fact for Denial) a Planned Development Amendment to allow for a 71 unit Assisted Living Facility for property legally described as Lots 1 and 2, Block 1, Terra Glenn 3rd Addition, in the NW 1/4 of Section 16. A 120 day Agency Deadline was taken on this application to allow for the Comprehensive Guide Plan amendment process. • The applicant must also apply for a Final Plat to combine Lots 1 and 2, Block 1, Terra Glenn 3rd Addition. ➢ The APC stated that the proposed use appeared too intense for the proposed site with the number of proposed deviations and they saw no compelling reason or public benefit to modify the land use designation to allow an increase in density. ➢ An Attorney representing Blue Cross Blue Shield (BCBS) expressed concern in that a restrictive covenant exists allowing BCBS the right to approve all projects within their Master Plan area. BCBS had not yet reviewed or approved the proposed plan. The City of Eagan does not enforce private covenants. ➢ All of the jurisdictions, which are required to receive notification of the proposed Comprehensive Guide Plan Amendment, have responded to the notification and have no comments or concerns regarding the proposal. ➢ The Applicant has submitted a modified Site Plan and supporting text (attached) to reduce the number of units from 71 to 63 and reduce the number of deviations to speak to the concerns discussed at the Advisory Planning Commission meeting. ➢ The revised plans should be subject to staff approval, including but not limited to the revision of the proposed fire lane to a paver surface to allow for the maximum infiltration capacity of storm water runoff. 120-DAY AGENCY ACTION DEADLINES: July 3, 2008 ATTACHMENTS (5): Location Map, pages I Up-t Staff Update on Deviations, pages i V-7 ftualgh Draft March 25, 2008 APC Minutes, pa ed j)e through Planning Report on pages`lt) through Revised Narrative/Graphic from Applicant received April 7, 2008 on pages through . -M M-5 Eagan Boundary Right-of-way Location Map F Park Area Area F Building Footprint J ^ ~ o r , t ' z E7 ` op > _ e 0-8 1 a © _ o ® =0 © M F©®® r I A.AYA j J) rq- wt, cou ROAD ° (YANKEE DOODLE ROAD) J o _ i Nun^~ k Sip l/ P° l °RNE aIe4 r B~D 6 Sub'ect Site j a Q~f b 'A.R.UnY RDA° b d i ) 4p Q ~ f~ s~ , 1.) n1 ' Q Q a ~ wooE uRE L 43 E9 9 Q ~ - ©'Ln 1~ Z3 ® 0 ~ b ~ Cf '...p n nx°u.r 4 d d Q 9 C q~ a 4 M ~r ^ °p Q 4~ Q ~ p o fry o o [P d a ,x. n g, ~ 9~ q~ q ~ a; P a Q ~q~ i Eta ° • ~ d ~1 6 d © ~ , 0 D , ~ ~ Q ~ ~ tl ~ 4__ ~ v 1000 0 1000 2000 Feet Development/Developer. Select Senior Living of Eagan Application: Comprehensive Plan Amendment Case No.: 16-CG-01-02-08 N City of Eapn THIS MAP IS INTENDED FOR REFERENCE USE ONLY W+E 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. City of Ee~o To: Mike Ridley, City Planner From: Sarah Thomas, Planner Date: April 10, 2008 Subject: Select Senior Living- Staff Update re: Deviations Deviations include: Original Submittal Revised Submittal 1. Exceeding density allowed Yes; 31.5 units/acre Yes; 28 units/acre under R-4 zoning versus 16.8 units/acre versus 16.8 allowed units/acre allowed 2. Building setback less than Yes No 50 feet from Yankee Doodle Road 3. Parking setback less than Yes No 20 feet from Hunt Drive 4. Parking of less than two Yes; 1.14 stalls/unit Yes; 1.35 stalls/unit stalls per unit 5. Building coverage greater Yes No than 20 percent 6. Recreation area less than Yes; 8,850 sq. ft. Yes; 10,235 sq. ft. that required provided/14,200 sq. provided/ 12,600 ft. required sq. ft. required 16-7 MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA March 25, 2008 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, March 25, 2008, at 6:30 p.m., at the Eagan Municipal Center. Present were Chair Hansen, Members Filipi, Feller, Chavez, Dugan, and Heaney. Also present were City Planner Mike Ridley, Planner Pamela Dudziak, Planner Sarah Thomas, Assistant City Engineer John Gorder, City Attorney Bob Bauer, and Recording Secretary Camille Worley. AGENDA Member Feller moved, Member Filipi seconded a motion to adopt the Agenda. A vote was taken. All voted in favor. Motion carried 6-0. FEBRUARY 26, 2008, ADVISORY PLANNING COMMISSION MEETING MINUTES Member Filipi stated the motion on Page 4 should reflect the correct vote of 4-2. Member Heaney moved, Member Chavez seconded a motion to approve the February 26, 2008, Advisory Planning Commission meeting minutes as amended. All voted in favor. Motion carried 6-0. III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) There were no visitors who wished to be heard. IV. PUBLIC HEARINGS A. Select Senior Living of Eagan Applicant Name: Yankee Doodle Properties Inc. Location: Lots 1 & 2, Block 1, Terra Glenn 3rd Addition Application: Comprehensive Guide Plan Amendment A Comprehensive Guide Plan Amendment from Medium Density to High Density. File Number: 16-CG-01-02-08 Application: Planned Development Amendment A Planned Development Amendment to allow an assisted living facility. File Number: 16-PA-03-02-08 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated March 20, 2008. She noted the background and history. Chair Hansen opened the public hearing. Carol Eiden, Attorney for Blue Cross Blue Shield (BCBS), stated opposition to the proposal due to a restrictive covenant between BCBS and Yankee Doodle Properties Inc, that allowed BCBS to review and approve any proposed development. She asked that the proposal be denied until /OP an agreement has been made. City Attorney Bob Bauer stated the City does not get involved with private covenants. Chair Hansen asked the applicant if a conforming plan had been established to address the requested deviations such as; building and parking setbacks, building coverage, recreation area, and parking. There being no further public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. Joel Larson, Yankee Doodle Properties Inc., stated the building could be moved on the site to address setback concerns. He stated greater parking and recreation area is not needed when considering the proposed use of an Assisted Living Facility on the property. He discussed access points, greenspace, and the number of employees on-site. He explained that underground parking is available for many of the employees. Member Filipi stated concern for the lack of the number of parking spaces and lack of recreational area for the site. Member Chavez stated concern for the density of the site, lack of parking, and lack of recreational area. He stated the use is not appropriate for the site. Member Dugan agreed with Members Filipi and Chavez. Member Heaney moved, Member Dugan seconded a motion to recommend approval of a Comprehensive Land Use Plan Amendment to change the land use designation from SAND (Special Area/ Medium Density), to SA/HD (Special Area/ High Density). A vote was taken. All voted against. Motion failed: 0-6. Member Heaney moved, Member Filipi seconded a motion to recommend denial of a Comprehensive Land Use Plan Amendment to change the land use designation from SA/MD (Special Area/ Medium Density), to SA/HD (Special Area/ High Density). A vote was taken. All voted in favor. Motion carried: 6-0. Member Heaney moved, Member Feller seconded a motion to recommend denial of a Planned Development Amendment to construct a 71 unit assisted living facility on 2.25 acres at property legally described as Lots 1 and 2, Block 1, Terra Glenn 3rd Addition, in the NW '/4 of Section 16. A vote was taken. All voted in favor. Motion carried: 6-0. 1®I PLANNING REPORT CITY OF EAGAN REPORT DATE: March 20, 2008 CASE: 16-CG-01-02-08 16-PA-03-02-08 APPLICANT: Select Senior Living of Eagan LLC HEARING DATE: March 25, 2008 PROPERTY OWNER: Yankee Doodle Properties Inc. APPLICATION DATE: Feb. 20, 2008 REQUEST: Comprehensive Guide Plan Amendment and Planned Development Amendment PREPARED BY: Sarah Thomas LOCATION: Lots 1 and 2, Block 1, Terra Glenn 3" Addition COMPREHENSIVE PLAN: SA, Special Area ZONING: PD, Plamled Development SUMMARY OF REQUEST The applicant is requesting approval of a Comprehensive Land Use Plan Amendment to change the land use designation from SA/MD (Special Area/ Medium Density), to SA/HD (Special Area/ High Density), and a Planned Development Amendment to construct a 71 unit assisted living facility on 2.25 acres at property legally described as Lots 1 and 2, Block 1, Teira Glenn P Addition, in the NW 1/4 of Section 16. AUTHORITY FOR REVIEW Comprehensive Land Use Plan Amendment: The city's Comprehensive Guide Plan was prepared pursuant to Minnesota Statutes, Section 473.864. As defined by statute, the Land Use Plan is a guide and may be amended from time to time as conditions change. The city's Guide Plan is to be implemented by official controls such as zoning and other fiscal devices. The creation of land use districts and zoning is a formulation of public policy and a legislative act. As such, the classification of land uses must reasonably relate to promoting the public health, safety, morals and general welfare. When a change to a city's Comprehensive Guide Plan is requested, it is the city's responsibility to determine if the change is in the best long-range interests of the city. The standard of review of a city's action in approving or denying a Comprehensive Guide Plan amendment is whether there exists a rational basis. A rational basis standard has been described to mean having legally sufficient reasons supportable by the facts which promote the general health, safety and welfare of the city. ((0 P1amling Report - March 25, 2008 Select Senior Living of Eagan LLC Page 2 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. BACKGROUND/HISTORY In 1981, the city approved a Planned Development for the property that encompassed a variety of uses including Limited Business, Low Density Residential, Medium Residential and Park uses. The subject site is part of Blue Cross Blue Shield East Campus Master Plan. Originally BCBS had a plan proposing a total of 720,000 square feet of additional office space to be added from 2004 to 2015. In addition, approximately 25% of the 162 acre site was devoted to undisturbed area and predominately single family residential along the east and south perimeter where the site is adjacent to single family residential. In 2002 a Preliminary Planned Development was approved to incorporate the master plan which included medium residential east of the existing campus, south of Yankee Doodle Road, west of the City's Maintenance Facility and single family residential south of the medium density development. The subject site was approved as part of a larger subdivision in 2003, which created 54 single family and 24 townhome units on 39.5 acres of property. The development was proposed to be built in three phases, two single family phases and one townhome phase. The majority of the single family homes have been constructed. A Final Planned Development was approved in 2004 allowing two 12 unit townhome buildings on separate lots for a total of 24 units. The applicant received approval in 2007 for a Planned Development Amendment to construct a single three story building containing 24 condominiums on the medium density property but has since withdrawn the application due to market changes. EXISTING CONDITIONS The subject site currently consists of two platted parcels. The current proposal will require an application to replat the property into one single parcel as well as vacation of existing drainage and utility easements. The property has been graded and the storm water pond has been constructed per the original approvals in 2003. The parking lot has also been installed, however modifications to the grading, pond and parking lot will be needed for the newly proposed development. c' Planning Report - March 25, 2008 Select Senior Living of Eagan LLC Page 3 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Apartments R-4, Residential Multiple HD, High Density Residential South City Maintenance facility PF, Public Facility QP, Quasi Public East City Maintenance facility PF, Public Facility QP, Quasi Public West Single Family PD, Planned Development SA, Special Area Residential Homes EVALUATION OF REQUEST Code Requirements - The Planned Development Amendment in 2007 approved the 24 unit townhome building on one lot, however the development never commenced and the applications were ultimately withdrawn. Therefore, the Final Planned Development in effect was executed and recorded in 2004 and approved a total of two 12 unit townhome buildings on separate lots for a total of 24 units. The intent of a Planned Development is to provide greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. This is meant to encourage a more creative and efficient approach to the use of the land, and preserve and enhance desirable site characteristics, natural features and open space. Proposal - The applicant has stated that due to changes in the market, one 24-unit condominium building, is not feasible. According to the Applicant's narrative the benefit of the proposed Plamled Development Amendment to the city is that, "From preliminary market studies and discussions with various City and Dakota County officials, there is a significant need for such housing in Eagan. Proceeding with the condominium plan would be economically unsound and lead to an overstock of -unwanted housing within the City." The revised proposal includes a change to allow for high density residential, specifically, a 71 unit assisted living facility which includes 18 memory care units. The new building will be three stories, with underground parking. The proposed building results in a higher density than allowed by the R-4 zoning district standards, the building setback less than 50 feet from Yankee Doodle Road, parking setback less then 20 feet from Hunt Drive, building coverage greater then 20 percent, recreation area less then that required and parking of less then two stalls per unit. All of these deviations from City Code requirements can be accommodated through the proposed PD zoning. The acceptability of the deviations is a policy matter to be detennined by City officials. Compatibility with Surrounding Area - The proposed density is not consistent with the MD (Medium Density) designation and for that reason the applicant has applied for the Comprehensive Land Use Plan Amendment. 1I0-~ Planning Report - March 25, 2008 Select Senior Living of Eagan LLC Page 4 Comprehensive Land Use Plan - The subject site is currently guided SA/MD (Special Area/ Medium Density). While the entire 40 acre SA is divided into four different land use categories, this site provides areas for medium density residential which allows for 4 to 12 units per acre. The proposed SA/HD (Special Area/ High Density) designation is to provide for high density attached housing units including townhomes, condominiums and apartments allowing for gross densities greater than 12 units per acre, including the common areas. With appropriate buffering, high density residential uses can be compatible with other lower density residential uses as well as with more intense commercial and industrial uses. In some situations, high density residential uses may serve as the buffer between lower density residential and higher intensity commercial and industrial uses. High density developments may be best suited to properties with severe development limitations such as steep slopes, trees and wetlands because attached dwellings are well suited to clustering techniques. Access needs vary with the size of the development as those with a large number of units should be located along arterial or collector roads and close proximity to transit serviced is desirable. The site has good visibility along Yankee Doodle Road (County Road 28) which is classified as an "A" minor arterial which extends from TH 13 to CSAH 56 in Inver Grove Heights. This location is part of a mixed-use planned development, in proximity to both apartments and retail commercial businesses and next to both single family homes and the Public Works maintenance facility. The applicant proposes to change the land use designation from the lower intensity Medium Density Residential to the higher intensity High Density Residential. Density - To evaluate the developer's proposal, density is first calculated by what is proposed (the number of units divided by the gross/net site areas), then compared against what is required or allowed in the comparable R-4 zoning district. Proposed - The developer is proposing 71 units on a gross site area of 2.25 acres, resulting in a gross density of 31.5 units per acre. Required - R-4 zoning requires a minimum site area of 2,750 sq. ft. of area per unit. The City Code allows a credit of 300 sq, ft. per unit for each unit served by underground garage stalls. With 71 units and 34 underground garage stalls, the required site area would be 4.25 acres (the equivalent of 16.7 units per acre). The site area is less than 4.25 acres and the proposed density, exceeds 16.7 units per acre and thus, deviates from typical R-4 zoning standards. The applicant's narrative states "the amended use proposed will have little impact on surrounding land uses from that which existed with the existing plan." For comparative purposes: ➢ Gramercy (Independent Senior Living) provides 14 units per acre ➢ Marice Manor (Assisted Living) provides 35 units per acre ➢ Keystone (Assisted Living) provides 56 units per acre 113 Planning Report - March 25, 2008 Select Senior Living of Eagan LLC Page 5 Both Gramercy and Marice received approval of a Conditional Use Permit to allow the facilities as retirement homes in the Limited Business zoning districts. Keystone is located in the Cedar Grove District which permits density flexibility. Conforming Plan - The applicant did not provide a conforming plan with the proposal. However, the applicant did prepare a "conversion plan", a possible option to converting the units into apartments in the future if the market were to require such a shift. Performance Standards - Simply for the purpose of discussion this proposal is reviewed under the R-4 (Residential Multiple) zoning district minimum and maximum standards. These are the same standards that were utilized to review the condominiums and townhomes previously proposed on this site. Setbacks - As the table below indicates the proposal does not meet the setback requirement of 50 feet from Yankee Doodle Road. The ordinance requirements are listed below. Setback requirements are not established in a Planned Development zoning. Ordinance Approved w/Condominiums Proposed Front yard: Yankee Doodle 50 feet 80 feet 39 feet Front yard: Hunt Drive 50 feet 116 feet 91 feet Side yard: east property line 30 feet 148 feet 124 feet Side yard: west property line 30 feet 50 feet 33 feet Building Coverage - The R-4 zoning district allows for a maximum of 20 percent building coverage. The applicant proposes a maximum of 22 percent coverage. Building Height - Building height is measured from the average grade to the midpoint of a pitched roof. City Code allows a maximum building height of 35 feet. City Code permits additional building height up to 60 feet, with additional setbacks of 3 feet for each 1 foot of additional building height required. The elevations depict the average of the building is 35' 3" in height; however, the building also exhibits a single story entrance feature and an exposed elevation on the east end. Building Elevations/Architecture - The building is proposed to be constricted of cast hardiplank lap siding (70%), hardishakes (6%), brick veneer (18%), cultured stone veneer (4%) and split face concrete block (2%). All four sides of the building are not proposed with the same finish materials as the north and west exteriors do not include brick veneer. City Code requires all exterior vertical surfaces to be treated as a front and have an equally attractive or same fascia. As a condition of approval, all elevations shall comply with applicable provisions of the City Code. The applicant should also consider the addition of shutters or some other architectural feature to enhance the windows and elevations. Plamung Report - March 25, 2008 Select Senior Living of Eagan LLC Page 6 Mechanical Equipment - The applicant's narrative states that "All mechanical elements to be internal." Recreation Area - As mentioned later in this report, Skyhill Park was dedicated as part of the original plat for this development. However, City Code requires that on-site recreation space be provided in multiple-family developments. The Code requires 200 sq. ft. for each 1 bedroom or 2 bedroom unit, plus an additional 100 sq. ft. for each 3 bedroom unit. Using this formula based on 71 units, a total of 14,200 square feet is required. This area must be a minimum of 100 feet from the ponding area which is located on the east side of the property. The applicant has identified 8,850 square feet of recreation area on the site plan, half of which is within the 100 foot setback to the ponding area. A portion of the calculated recreation area is from a trail that is labeled "future trail" on the Site Plan. To meet the recreation area requirement, all trails should be constructed with the development, and not in the fixture. Parking - The City Code requires two parking stalls for each multi-family dwelling unit (at least one covered or underground), with no specified parking standard for senior housing facilities. The proposed new building provides 81 parking spaces for 71 units, a ratio of 1.14 to 1. This ratio is consistent with prior approvals for other senior housing apartments. For comparative purposes: ➢ O'Leary (1997) provides 1.16 stalls per unit ➢ Marice Manor (1997) provides 0.74 stalls per unit (with proof of parking to total just under one stall per -unit) ➢ Oakwoods Phase I (1991) provides 1.7 stalls per unit ➢ Keystone (2003) provides 0.87 stalls per unit ➢ Oakwoods Phase II (2007) provides 1.1 stalls per unit More specifically, the applicant proposes 47 surface parking stalls and 34 underground parking stalls. The surface stalls are proposed to be 10 feet wide and the underground parking stalls 9 feet wide. The Site Plan identifies a portion of the surface stalls within the 20 foot setback from Hunt Drive. A revised Site Plan identifies 21 stalls as proof of parking for a total of 102 stalls, which results in a total parking ratio of 1.43. The 12 proof of parking stalls on the north side of the building are setback 5 feet from the property line. The City Code requires a parking setback of 20 feet from public streets. Also, the implementation of the five proof of parking stalls in the middle parking area would remove the required planting islands, which are proposed to be constructed as rain gardens to assist with storm water runoff. Further, the proof of parking area when built would reduce the green space on the site from 42.7% to 34.8%. City officials should determine if the proof of parking, with a loss of green space, would provide a benefit to the site. Typically, zoning does not regulate handicap parking stalls, however being that this is proposed to be an Assisted Living Facility, the accessible stalls should be located in the parking row east of the building as the stalls are required by the building code to be closest to the nearest accessible entrance. ps- Planning Report - March 25, 2008 Select Senior Living of Eagan LLC Page 7 The applicant's narrative states "because the use will be assisted living... traffic generated to and from the site will be substantially less than that would have existed under the original or earlier revised condominium plans." Site Li hg ting - City Code requires site lighting be as is necessary for security, safety and traffic circulation. Typically, we look for parking lot lighting to be not less than 0.5 footcandles, and for an average-to-minimum ratio of 4:1. The Site Lighting Plan shows two 20-foot pole-mounted lights in the parking lot at each end of the center row of parking stalls. A third 20-foot pole is proposed adjacent to the east end of the building. The driving lane near the entrance of the building is not as well-lit, with footcandle levels dropping to between 0.5 and 0.1. Two wall-mounted lights are proposed, one on the west side of the building and the second above the underground garage entrance. The approach driveway to that area also shows light levels below 0.5 footcandles. The applicant should consult with their lighting engineer to determine if adjustments in the lighting plan can be made to better illuminate the areas currently under 0.5 footcandles, provide more uniform light levels throughout the parking lot, and confirm that the lighting plan provides sufficient lighting for safety and security purposes. This should be illustrated with lighting statistics to show the average to minimum ratio. Si ng_age - The submitted application did not include a specific sign plan, however the site plan identifies a monument sign located east of the site entrance. As a condition of approval, all site signage should comply with applicable provisions of the City Sign Code. Landscaping - The Landscape Plan appears to be satisfactory, however the plant schedule indicates three Sienna Glenn Maples and the plan identifies six. The plant schedule also indicates 20 Little Princess Spirea shrubs, however none are identified on the plan. Additionally, the rain gardens as shown in the parking lot islands do not specify the location of the Blue Flag Iris, and the Daylilies shown in the planting schedule are not identified on the plan. As a condition of approval, the Landscape plan should be revised to eliminate discrepancies. Storage Space - City Code requires 150 cubic feet of storage space per unit, in addition to the closet and storage area within the unit. The applicant's narrative states that "The facility will be providing resident storage cubicles of 150 cubic feet each." Trash Storage - Trash storage is proposed inside the building in the lower parking level. Grading - The site was graded as part of previous development proposals. The preliminary grading plan depicts regrading of a majority of the site to accommodate the change in land use. Existing retaining walls on the site will be modified to accommodate the development. Long- term maintenance of these retaining walls will be the responsibility of this development. Planning Report - March 25, 2008 Select Senior Living of Eagan LLC Page 8 Storm Drainage - Storm water runoff is proposed to flow to an existing storm water pond constructed with previous Terra Glenn development. The developer is proposing two small runoff filtration areas within the parking landscape islands to attempt to treat a small portion of the parking lot runoff. Water Quality - To satisfy City water quality requirements when the original plan was approved in 2003, a storm basin (treatment pond) was constructed immediately east of this parcel and in between the parcel and a wetland further east. Minimum City requirements for the volume and size of this treatment pond were based on the impervious surface (i.e., land covered by streets, buildings, parking lots, driveways, etc.) of the original area draining to the pond and the development originally approved. The City required the treatment pond to have at least 0.62 acre-feet of "wet-storage" volume and at least 0.27 acres of surface area. According to City "as-built" record plans, however, the treatment pond (City Pond CP-2.1) actually has a "wet-storage" volume of 0.53 acre-feet and a surface area of 0.19 acres. Thus, City Pond CP-2.1 is too small to treat stormwater for the originally approved development. Although the area draining to City Pond CP-2.1 has not changed, this revised development proposal would add 0.6 acres of impervious surface, an increase of over 28 percent. If previous City water quality requirements were still in place, City Pond CP-2.1 would need to be expanded to have at least 0.76 acre-feet of volume and at least 0.31 acres of surface area (over 43 percent and over 63 percent increases, respectively). Such a reconstruction of City Pond CP-2.1 most likely would either impact the wetland or require a modification to the boulder wall and thence reduce the buildable area of the parcel, or both. The following City water quality requirements (according to 2007 Water Quality and Wetland Management Plan) are now relevant to this development proposal: 1. There must be no-net increase, compared to existing conditions, in the amount of Total Phosphorus (TP) and Total Suspended Solids (TSS) leaving the site or 50 percent TP and 80 percent TSS must be removed from stormwater runoff, whichever is more restrictive. 2. The first one-half inch of stormwater runoff from any rainfall event from the entire site must be infiltrated. At its discretion, the City may modify or waive this requirement, based on consideration of any of the following: a. soil borings indicate unsuitability for infiltration; b. infiltration of the equivalent runoff volume is accomplished elsewhere within the same City subdrainage district; c. potential of groundwater contamination exists due but not limited to such variables as: • geology that exposes aquifer vulnerability (e.g., karst, shallow bedrock, etc.); or • land use that causes high pollutant and sediment levels in stormwater (e.g., industrial areas, high vehicular traffic rights-of-way, etc.); or 11-7 Planning Report - March 25, 2008 Select Senior Living of Eagan LLC Page 9 d. other circumstances that may affect feasible and prudent implementation. 3. This development maybe subject to cash dedications in lieu of the above requirements, at the City's discretion. The developer is proposing to meet City water quality requirements partially through a combination of practices, including permeable pavers, diffuse storage in between the pavers, and a couple of biofiltration areas. The developer is requesting consideration in meeting the shortfall through a cash dedication. Wetlands - This development would not be subject to City Code §11.67, Wetland Protection and Management Regulations, because there are no wetlands immediately on this parcel and there are no proposed wetland alteration activities that would affect the wetland or wetland buffer to the east of City Pond CP-2.1. Utilities - Sanitary sewer and water main stubs of sufficient size and capacity are available for comiection from Hunt Drive. Streets/ Access/ Circulation - The development proposes one public street access onto Hunt Drive, formerly 81St Street, to the south. Pedestrian access to the site is provided via an existing trail along the north side of Hunt Drive. Easements/ Permits/ Right-of-Way - The developer should dedicate drainage & utility easements over all public storm sewer and ponds within the lot. Tree Preservation - The subject property originally appeared before the Park Commission in November 2003 and again at their meeting on March 17, 2008. The following information pertaining to tree preservation is included below for review. "A Grading, Erosion Control & Tree Preservation Plan submitted with this application indicates (by tree symbol) that there is about 5,000 square feet (staff measurement, no figures were provided by the applicant) of significant woodlands existing at this site. This woodland area is located between the proposed building site and Yankee Doodle Road. Tree diameters in this woodland area are listed as ranging from 6 inches to 16 inches. Because this area was previously prepared for initial development (trees were removed during the initial site development for the Tema Glenn application), allowable tree removal for this application was set at 0%. According to this plan, there will be no removal of any of the existing significant woodland. Therefore, there is no additional required tree mitigation for this application (see Existing On-Site Tree Mitigation that is discussed below). 11~ Planning Report - March 25, 2008 Select Senior Living of Eagan LLC Page 10 Existing on-site Tree Mitigation - Sixty-two mitigation trees required through the Terra Glerm application tree mitigation requirements had previously been installed on site. These trees are to be preserved or replaced throughout this application. The applicant has submitted a Landscape Plan and project narrative that indicates the following: 57 mitigation trees currently exist on site 24 existing mitigation trees are to be left on site as-is 33 existing mitigation trees are to be transplanted to other areas on site 5 additional mitigation trees will be installed on site" Parks and Recreation - The Park Dedication for the entire Blue Cross parcel (including what is proposed to be Terra Glenn) was satisfied through the dedication and development of what is now Skyhill Park. No additional park dedication is required. This development shall be subject to a cash trails dedication. The dedication is payable at the time of building permit at the rates then in effect. SUMMARY/CONCLUSION Select Senior Living of Eagan LLC is proposing to construct a 71-unit assisted living facility on 2.25 acres. The applicant is requesting approval of a Comprehensive Guide Plan Amendment and Planned Development Amendment to allow the change of use and increase in density. The proposed amendment will allow the introduction of high density residential in an area where medium density residential was approved. Deviations include: • Exceeding density allowed under R-4 zoning • Building setback less than 50 feet from Yankee Doodle Road • Parking setback less than 20 feet from Hunt Drive • Building coverage greater than 20 percent • Recreation area less than that required • Parking of less than two stalls per unit Deviations from typical City Code requirements can be accommodated through the proposed PD zoning. The applicant's narrative indicates that the amended use as proposed will have little impact on surrounding land uses from that which existed with the existing plan. The acceptability of the proposed Comprehensive Guide Plan Amendment and Planned Development Amendment with deviations to typical City Code standards is a policy matter to be determined by City officials. Compliance with the City's tree preservation ordinance as well as water quality will be confirmed at the time of building permit. Preliminary engineering plans (i.e. grading, drainage, utilities, etc.) appear acceptable and all engineering matters will be addressed with the building permit application for this, project. Planning Report - March 25, 2008 Select Senior Living of Eagan LLC Page 11 ACTION TO BE CONSIDERED To recommend approval of a Comprehensive Land Use Plan Amendment to change the land use designation from SA/MD (Special Area/ Medium Density), to SA/HD (Special Area/ High Density), and a Planned Development Amendment to construct a 71 unit assisted living facility on 2.25 acres at property legally described as Lots 1 and 2, Block 1, Terra Glenn 3'd Addition, in the NW 1/4 of Section 16. If approved the following conditions shall apply: 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office. The following exhibits are necessary for the agreement: a. Final Site Plan b. Final Building Elevations c. Final Tree Preservation Plan d. Final Landscape Plan e. Final Site Lighting Plan 2. The property shall be replattcd into a single lot. 3. The applicant shall petition the City separately for vacation of existing drainage and utility easements. 4. A revised Landscape Plan shall be submitted to match the plant schedule with the plantings shown on the plan. 5. The applicant shall fulfill the previously required tree mitigation conditions through the preservation and/or installation of sixty-two (62) Category B trees. 6. The applicant shall protect the preserved significant woodland areas 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. 7. 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. 8. The developer shall dedicate drainage & utility easements over all public storm sewer and ponds within the lot. Planrung Report - March 25, 2008 Select Senior Living of Eagan LLC Page 12 9. Prior to the City's issuance of a Land Disturbance Permit (LDP), the developer shall submit, in addition to the information required for a Land Disturbance and Erosion Control Plan (per City Code §4.32, Subd. 2.), all plans and specifications of the combination of stormwater best management practices and low impact development strategies to be employed to meet City water quality requirements. Such supplementary information shall be deemed acceptable by City Engineering and Water Resources staffs prior to the LDP application being considered complete. 10. The developer shall implement a combination of stormwater best management practices and low impact development strategies to achieve no-net increase, compared to existing conditions, in the amount of Total Phosphorus (TP) and Total Suspended Solids (TSS) leaving the site or 50 percent TP and 80 percent TSS must be removed from stormwater ninoff, whichever is more restrictive. 11. The developer shall implement a combination of stormwater best management practices and low impact development strategies to infiltrate the first one-half inch of stormwater runoff from any rainfall event from the entire site of this parcel, unless City, discretionarily modifies or waives this requirement, based on consideration of any of the following: a. soil borings indicate unsuitability for infiltration; b. infiltration of the equivalent runoff volume is accomplished elsewhere within the same City subdrainage district; c. potential of groundwater contamination exists due but not limited to such variables as: • geology that exposes aquifer vuhlerability (e.g., karst, shallow bedrock, etc.); or • land use that causes high pollutant and sediment levels in stormwater (e.g., industrial areas, high vehicular traffic rights-of-way, etc.); or d. other circumstances that may affect feasible and prudent implementation. 12. This development may be subject to cash dedications in lieu of some of the water quality requirements, at the City's discretion. 13. The developer may elect to reconstruct City Pond CP-2.1, provided such a reconstruction is included among the combination of stoi nwater best management practices and low impact development strategies in the LDP application and provided such a reconstruction does not impact the wetland adjacent to City Pond CP-2.1. Reconstruction of City Pond CP-2.1 may be subject to City Code §11.67, Wetland Protection and Management Regulations. 14. The Civil and Landscape Plans shall be revised to accurately reflect Hunt Drive versus Hunt Street. 15. All recreation areas must be constructed with the development. (a , Planning Report - March 25, 2008 Select Senior Living of Eagan LLC Page 13 16. All mechanical equipment shall be internal or screened from views from off the property consistent with City zoning ordinances. 17. Trash storage shall be inside the building. 18. All site signage shall comply with City Code requirements. 19. All building elevations shall match architecturally in respect to colors and materials. 20. Prior to issuance of a building permit, the applicant shall consult with their lighting engineer to determine if adjustments in the lighting plan can be made to better illuminate the areas currently under 0.5 footcandles, provide more uniform light levels throughout the parking lot, and confine that the lighting plan provides sufficient lighting for safety and security purposes. 21. This development shall be subject to a cash trails dedication, payable at the time of building permit at the rates then in effect. 22. The building, recreation areas, trails and retaining wall shall be maintained by the property owner. 23. The Site Plan shall be revised to relocate the accessible parking stalls to the parking row east of the building. 1d3 Eagan Boundary Right-of-way Para Location Map F-] ParkArea k Area Building Footprint 0o vauxeumw ® ~ , Q ` ~ nn ° 0 0 00 ~~LL l~? 0 U ~ ~ L.J f CAM` v n°p P 0 0 n J s°o q~0 c~ a o o fl 0 0 17 1sa oa oo ~u 40 - a a, ❑ 00 oa~ COU ROAD D (YANK!! DOODLE ROAD) ? q4,y O 13 Npo~o ~ a p'pjj \ l J 1i~ Fa ~9 Sub'ect Site C1Q a 6 .~O Q a ,aeM.uar no.o 6 p p d p 9 apr ~ 9 Q b (3 p q Q 6 P q v10-9 o ° b p9 e o©44 0 '"a P a~ a c o c~ p 4 4° c3 r~ p ©d P ~4ot tl a© 0 c...r mocc une 9 9 q 4 d d ~ r 'Q ~ o a C o o C7 Q Ig 9 d p P O~ A_ O qL7 0o C] K7F 4 4 e 4 O~ q 4, `7 qa ~ wo,rte.er max. ~ p d o at7 O Q c7 o d f'_5 L6 d ~ d ~r~ P ~ F7 Q ~ b ~ pi© ty „~~j .d ❑ C3 o t o o P °x°w . Q 3 6 p' -0 G1 p o 7 a r p P p d Q d co as ° 4'` ca .s° C3 0 .o ° p~"'~0 p o a ao° ~O' 1000 0 1000 2000 Feet iaaww-w Development/Developer: Select Senior Living of Eagan Application: Comprehensive Plan Amendment Case No.: 16-CG-01-02-08 i L N City of Eapn THIS MAP IS INTENDED FOR REFERENCE USE ONLY W+E 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. Current Zoning and Comprehensive Guide Plan Select Senior Living of Eagan Land Use Map Comprehensive Plan Amendment 16-CG-01-02-08 Zoning Map UR-3 R 3 R-4 RD R-1 P -1 MID /p, II R-4 A Current Zoning: Location LB R-4 A PD COON OAD NO ANKEEDOOOLEROAD) Planned Development R-4 & F R-, PD PF 1 !6M PD R-3 PF 4 3 QEh C w PD P .I PD L 600 0 600 7200 Feet /PITlTIT~\ Comprehensive Guide Plan 4o n+ `%MD p a Land Use Maps o ~fl ~C a _ f S~vD ® De l-_.-J P IND Q i wr 0 e® nnI I a0 Z ® ® OHD ? ®...i SA n F1 1 ® r V Location ° ©o s HD r~ i ~I m Current Land Use Designation: COON OADN ANKEE DOODLE ROAD) SAND SA Special Area/Medium Density ` t % 0, P. ~y C v ~ 6 K ~ p ~ry~p F- ct' Cn a P e L~ O/S dD rv r 000 0 000 1200 Feet E] 8 d t7 ~ .c1 0 _ Parcel base map i fo t vided by Dakota County Land Survey Department Decmber 2005. N Zoning information maintained by City Staff. 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I'II ~ ; I I r ~;-1 _ i ~~I I'I 'l l 11' 1111 I ~~II ~I~ 16 I L~II IIII I I~:il, II ~eb~ p] a. In°,ao-i ~mN mal ues a~a+. sa°ur~r.~ - III-I= Select Senior Living a a~ 74 s ` Exterior Elevations City Submittal Lars of Eagan°°Mmm 19 II W --7 J „ > 1 l o Architectural Services, LLC E ; March 2008 Assisted Living & Memory Care 0 g lts River Street Hunt Drive sea Hudson, w1 sao#a Eagan, Minnesota "`ry POC°'" /386-7355 R U i U O O j w 0 C) ct cf) - I N i 711 C/1 V] cat 1 i-' ~ 0 { LIZ r Tim it O it Y. cd bA bq . li "Cl b 0/ ~--i U Cli) V1 V1 p~ ■ rA H N U U y r O ~ 4. R U U r ,tom-, ti 4r ! I)LE PRG',. 9 12415-55 th Street N. Locke Elmo MN 55415 February 29, 2008 Pamela Dudziak, Planner CI OF AG N 3830 Pilot Knob Road Eagan MN 55122-1897 Re: Planned Development Amendment, Terra Glenn Td Addition Dear Ms. Dudziak: Yankee Doodle Properties, Inc. ("Applicant") hereby submits its written narrative in support of a planned development amendment for the property currently described as Select Senior Living of Eagan. The property is located west of the intersection of Birch Pond Road and Hunt Drive. Surrounding land uses include: (1) single-family detached homes in the Terra Glenn subdivision to the east and southeast of the property; (2) the campus of Blue Cross/Blue Shield directly south of the property; (3) Yankee Doodle Road and residential multiple (apartments) to the west of the property; and, (4) City-owned property and storm water ponds to the north and east of the property. As presently platted, the site is approved for the construction of 24 condominiums located in two, 12-unit buildings of two stories each in height. Each building contained its own underground parking structure, with surface parking created for overflow. The Applicant previously submitted a plan to construct 24 condominiums in a single, three-story structure above an underground parking garage containing 28 stalls. Each floor of the structure was to contain 8 condominium units. However, since submitting and obtaining approval of its earlier amendment, the market for condominiums has dropped sharply, and the Applicant is concerned that proceeding with the condominium plan would be economically unsound and lead to an overstock of unwanted housing within the City. Consequently, the Applicant desires to now amend the existing land use to construct a single, three-story structure to contain 71 elderly, assisted living units. Of the 71 units, 18 would be designated as "memory-care" units and 53 as "assisted care" units. From preliminary markets studies and discussions with various City and Dakota County officials, there is a significant need for such housing in Eagan. A total of 47 surface parking stalls are provided in the plan with an additional 34 under ground parking stalls. There are also 21 more parking stall that could be installed, if needed (proof of parking), which raises the total parking stalls to 102. The building will be of wood-frame construction above a poured wall foundation, with concrete plank (garage structure), with exterior finishes of the building including significant percentages of cultured stone and 133 brick veneer (19% of exterior surface, exclusive of windows)) and hardiplank (70%). Surface parking will be significantly screened to limit views from adjacent roadways and surrounding uses. The Applicant anticipates commencement of construction immediately following approval of the planned development amendment and receipt of all applicable permits. Construction would be continuous, with completion approximately ten months after commencement. The amended use proposed will have little impact on surrounding land uses from that which existed with the existing plan. Overall height will be compatible with the apartment structures to the north of the property. Because the use will be assisted living, the Applicant believes strongly that traffic generated to and from the site will be substantially less than that that would have existed under the original or earlier revised condominium plans. The Applicant believes the amended use results in a better land use and has less impact on city schools, parks, water and sewers usage. We have attached a bullet point highlight sheet that addresses each comment that City staff has raised in preliminary reviews (see attached sheet from the architect). One of the major concerns was the saving of trees along Yankee Doodle Road. Accordingly, the building has been shifted southward and will not be damaging or removing any of the trees that are in the existing berm. The Applicant also believes there is a significant public benefit to the City by adopting this proposed plan amendment. With the leading edge of the post-World War II "baby boomers" now entering their retirement years and the influence that generation has had on "wellness" programs for their parents and older siblings, an increasing, elderly demographic exists that is inadequately served as they become unable to live in and properly maintain their existing homes. While still ambulatory and able to function without extensive nursing care, many of these individuals are seeking living "assistance", but are not ready or willing to enter a traditional nursing home facility. The inventory of "assisted living" sites is not yet adequate to meet this rising demand. By approving this plan amendment, the City would help alleviate the existing shortfall while removing a use (condominiums) that has a more than adequate supply at the present time. 1~ A e-V Arrchliectrrr°al Suviccse LLB" Larry (Lars) Gloclainn Architect Tuesday, March 04, 2008 Project: Select Senior Living of Eagan Hunt Drive Eagan, Minnesota Sarah Thomas: First, I would like to thank you for highlighting the elements of concern. After review of the comments, along with review of the Municipal code Section 11, the following descriptions are indicated on the drawings. This building has been designated as an R-4 facility. This indicates a multiple residence complex. The primary function of this facility is to provide a home for residents that require a mild level of Memory Care and Assistant Living. ® Per my conversation with the Fire Marshall, the Fire Department Access lane will extend to the NW corner of the building, as indicated on Sheet A 1.0. I am currently reviewing an option of using what I call a "Drive Mat". I have used this type of an option for Hockey Arenas. It is basically a Geo mat that supports the vehicles, but provides a pervious grass drive lane. This would be maintained ie: snow removal. It may be of interest. 0 The road to the South has been renamed to Hunt Drive. ® I have provided general site details per your request. Additional information will be submitted with the building submittal. ® The number of Units = 18 Memory Care Bedrooms, and 53 Assisted Living 1 Bedroom Efficiency Apartments. Memory Care Bedrooms If this was converted to apartments, my experience has shown that efficiency units are not marketable. These would need to be converted to a minimum of 1- bedroom units. Assisted Living Efficiency Apartments: We have (53) 1 bedroom units. Again this is not a strong market. But it would be very easy to convert the 1 bed units to 3 bed units. Very marketable The conversion would equal the following: (22) 3 Bed Units (22) 1 Bed Units 44 Total Converted Apartments Exhibit "A" show a possible option to converting the Units into Apartments. I 115 River Stree Hudson WI 54016 (715) 386 -7355 Fax (715) 386-7355 cell (612) 240-7009 E-mail: LARS100@sbcglobal.net 1! -2- March 5, 2008 ® The drawings have been revised to provide 47 (10'x19') Surface Parking Stalls, and 34 (9'x19') Garage Parking Stalls, for a total of 81 Stalls. I understand your concern if this facility changed use at a later date. I have attached another scenario indicating what is called Proof of Parking. Since we believe in enhancing the site with additional landscaping and green space, and realizing that the vast majority of the residents are not capable of driving, we are proposing increasing the green space of the site. If at such time the change of use is implemented, an additional 21 Parking stalls could be added. This would reduce the green space areas to 34.8%. ® I have indicated the recreational spaces on the site plan. The orientation of the building provides unique opportunities to view the natural elements that exist. I am proposing a future trail with a decorative rock and guardrail system to overlook the pond to the East. The Courtyard will provide a very pleasing environment overlooking the pond, for the residents of the facility. The secondary courtyard will provide the memory care residents a safe area to enjoy. The Patio located in the NW corner of the site also provides an area for the residents to use. ® The building has been slightly relocated to avoid the existing retaining wall located approximately along the North property line, which gives us the opportunity to maintain the existing tree line and vegetation, in a natural state, along Yankee Doodle Road. ® The facility will be providing resident storage cubicles of 150 cubic feet each. ® The Main entrance will be noted, and the controlled vestibule will have a call box for access to the facility. There will be on-duty staff 24 hours. ® All exterior lighting will be fully shielded, and the bleeding of light at the property line is at a minimum. ® I have indicated a walk that connects the facility to the existing walk along Hunt Drive. ® All colors of the building will be of earthtone values, which will include hardiplank, hardishakes, brick, and cultured stones to create a warm soft image. Interest is added with the unique truss configuration at the entry, along with the enhanced trim details. ® The monument sign will be required to follow the local zoning ordinances. All mechanical elements to be internal. This facility will provide a comfortable environment for the elderly. Circulation areas both inside and out have been enhanced for their comfort, and safety. If you need anything else feel free to contact me. Thank you for your efforts Sarah, and the city of Eagan. Sincerely: Lars Glockzin l3~ 115 River Street, Hudson WI 54016 (715) 386 -7355 Fax (715) 386-7355 cell (612) 240-7009 E-mail: LARS 100@sbcglobal.net d~ March 5, 2008 Ms. Sara Thomas City of Eagan 3830 Pilot -nob Road Eagan, NIN 55122 RE: Select Senior Living of Eagan Development Plan Resubmittal Eagan, MN Dear Ms. Thomas, Attached for your review are the revised grading plan, utility plan/paving plan, detail sheet, final plat and landscape plan. We have included four (4) full-sire copies and two reduced per the city requirements. To facilitate your review, we have made the following modifications; ® The proposed building was shifted to the south to eliminate any impact to the existing woods on the north end of the building. • Underground parking was added to the building; please refer to the architectural drawings for more detail. ® The interior islands in the parking lot were modified to be biofiltration areas. These depressed islands will infiltrate a portion of the parking lot storm water runoff prior to overflowing into the proposed st:ornn sewer. • The fire access roads were modified to provide greater access around the perimeter of the building. The architect discussed this requirement with the Fire Marshall to ensure this revise plan meet the city's requirements. « During our meeting, the city expressed specific concerns regarding existing trees on the property. The original grading on the property required this site to plant 62 mitigation trees. Based on our count, there are 57 existing trees that were planted. Our tree inventory, showing the locations of theses existing trees can he seen on the Landscaping Plan (LI). The existing woods line to the north and west were field identified and placed on the plan. Our proposed project does not impact these areas; please refer to our Grading, Erosion Control and Tree Preservation Plain (CI ) that shows our limits of construction. Tree preservation fencing will be placed in accordance with city requirements. * Of the 57 existinng trees that were previously plants, 33 will need to be relocated onsite. These trees are labeled on the Landscaping Plain (L I ) and our Tree Preservation Plan (Cl). In order to comply with the original City requirement of 62 trees, 5 additional l97 II Select Senior Living of Eagan City Resubrnittal Eagan, MN March 5, ?008 mitigation trees have been added to the Landscape Plan (L1). These trees are specifically labeled. In addition to this tree mitigation requirement, landscaping has been added to the project to comply with city code. The Final Plat submitted contains drainage and utility easements as was required by the Engineering Department. Please review our additional information and feel free to call me at 763-595-3107 with any questions you may have. Sincerely, CLARK. ENGINEERING CORPORATION Ryan Sluhm, P.E. Civil Engineering Department Manager i YANKEE DOODLE PROPERTIES, INC. 12415 - 55`' Street N. Lake Elmo MN 55415 April 5, 2008 Sarah Thomas, Planner RECEIVED APR 071008 CITY OF EAGAN 3830 Pilot Knob Road Eagan MN 55122-1897 Re: Planned, Development Amendment, Select Senior Living of Eagan Addition Dear Ms. Thomas: Yankee Doodle Properties, Inc. ("Applicant") hereby submits a revised written narrative with comments regarding staff reports and planning and zoning actions in regards to a planned development amendment for the property currently described as Select Senior Living of Eagan. The property is located west of the intersection of Birch Pond Road and Hunt Drive. Surrounding land uses include: (1) single-family detached homes in the Terra Glenn subdivision to the east and southeast of the property; (2) the campus of Blue Cross/Blue Shield directly south of the property; (3) Yankee Doodle Road and residential multiple (apartments) to the west of the property; and, (4) City-owned property and storm water ponds to the north and east of the property. As presently platted, the site is approved for the construction of 24 condominiums located in two, 12-unit buildings of two stories each in height. Each building contained its own underground parking structure, with surface parking created for overflow. The Applicant previously submitted a plan to construct 24 condominiums in a single, three-story structure above an underground parking garage containing 28 stalls. Each floor of the structure was to contain 8 condominium units. However, since submitting and obtaining approval of its earlier amendment, the market for condominiums has dropped sharply, and the Applicant is concerned that proceeding with the condominium plan would be economically unsound and lead to an overstock of unwanted housing within the City. Consequently, the Applicant submitted a three-story structure to contain 71 elderly, assisted living units. Of the 71 units, 18 would be designated as "memory-care" units and 53 as "assisted care" units. After attending the Planning and Zoning meeting and hearing the commissioner's concerns and meeting again with staff, we have revised the structure and site plan as follows: Density: Submitted 71 units (18 memory care, 53 assisted living) Revised plan 63 units (15 memory care, 48 assisted living) 13~ Building Coverage: Originally submitted- building footprint is 21,588 sq. ft. (22%) Revised plan- building footprint is 19,230 sq. ft. (19.6%) City code is 20% or less Setbacks: Originally submitted- we requested a setback variance from Yankee Doodle road Revised plan- shows 50 ft set back from Yankee Doodle road no variance needed Adjusted the parking stalls to be more than the required 20 ft. set back from Hunt Drive. Building Exterior: The brick veneer has been applied to all four sides to represent each side as a front view. Recreation Area: Originally submitted - 8,850 sq. ft. Revised plan- Approx. 10,235 sq. ft which is still less than the City requirement of 12,600 sq ft. However, with an assisted senior building there is little need for play ground equipment or park area on this site Another City a park is with in a few blocks. Trails and court yards to accommodate the resident's enjoyment of the outdoors, which over looks a pond to the east and woods to the west have been incorporated in the new plan. Parking: Originally submitted- 81 parking stalls (under ground 34 stalls; 47 surface stalls) Revised plan- 34 underground, 51 surface, which is 1.35 stalls per unit. The HDCP stalls have been relocated adjacent to the main entry. We have visited other senior facilities in the area and have found they have much less parking then we are proposing and have much greater densities. For example Commons has 27 stalls in front of the building (visitor parking) and in the back 58 more stalls (for employees and residents) for a total of 85 outside stalls. The building has 140 units. Site Lighting: We will match the boulevard lights and place them to achieve at least 1 fc at the parking areas. The entry will incorporate decorative lights and the courtyards to be softy lit. Trails will be also softy light to give a resort type feeling. The candela will be sumitted to staff for approvals. Storm Water: Staff report indicated three concerns regarding storm water runoff. 1) The original pond design was not constructed as it was approved by Lundgren brothers. 2) The proposed development is showing an increase of impervious area over the originally approved. 3) The first one-half inch of storm water runoff on the site must be contend and infiltrated. The revised plan with the smaller building sizes and less exterior parking stall will help the over all storm water control issue along with re-garding the existing pond and installing rain gardens in the island of the parking lots. After meeting with city staff we are looking into collecting the storm water and reusing it for irrigation on site, (a holding tank on site with an irrigation system) fq From preliminary market studies and discussions with various City and Dakota County officials, there is a significant need for Senior housing in Eagan. The building will be of wood-frame construction above a poured wall foundation, with concrete plank (garage structure), with exterior finishes of the building including significant percentages of cultured stone and brick veneer (21.8% of exterior surface, exclusive of windows)) and hardiplank (75.8%). Surface parking will be significantly screened to limit views from adjacent roadways and surrounding uses. The Applicant anticipates commencement of construction immediately following approval of the planned development amendment and receipt of all applicable permits. Construction would be continuous, with completion approximately ten months after commencement. The amended use proposed will have little impact on surrounding land uses from that which existed with the existing plan. Overall height will be compatible with the apartment structures to the north of the property. Because the use will be assisted living, the Applicant believes strongly that traffic generated to and from the site will be substantially less than that that would have existed under the original or earlier revised condominium plans. The Applicant believes the amended use results in a better land use and has less impact on city schools, parks, and water and sewers usage. One of the major concerns was the saving of trees along Yankee Doodle Road. Accordingly, the building has been shifted southward and will not be damaging or removing any of the trees that are in the existing berm. The Applicant also believes there is a significant public benefit to the City by adopting this proposed plan amendment. With the leading edge of the post-World War II "baby boomers" now entering their retirement years and the influence that generation has had on "wellness" programs for their parents and older siblings, an increasing, elderly demographic exists that is inadequately served as they become unable to live in and properly maintain their existing homes. While still ambulatory and able to function without extensive nursing care, many of these individuals are seeking living "assistance", but are not ready or willing to enter a traditional nursing home facility. The inventory of "assisted living" sites is not yet adequate to meet this rising demand. By approving this plan amendment, the City would help alleviate the existing shortfall while removing a use (condominiums) that has a more than adequate supply at the present time. Respectfully submitted Joel Larson ~~l 6 p (ai~ _ ) N N N jlI o m di oNLL°o w ~N~ a- z f+n' = a o ri a Q r` ; N 01 au'~ta`e ° ¢ zzw z . ~O ° - awE 1, a d. 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I ~ I q ia, , ~ ter `j I - tiu~l`f rid ~ ~ a .ice ~{~~id~i , - rA k r 1I ` 1i to 1 ~I F~ ~ I AAM :Lj 3 ■ .::Ll Li a 1 ` f I I i I I 1~ 5 ~ ` 5Y 4 1 V Mr- Aim -Ism • 5_.■11 ...lam :i~~,~ i •JtF O r ~d W5 Agenda Information Memo April 15, 2008 City Council Meeting B. PETITION - CONSIDER PETITION OF EAGAN CHARTER COMMISSION MEMBERS TO COMPEL THE EAGAN CHARTER COMMISSION TO CONVENE A SPECIAL MEETING ON APRIL 30, 2008. ACTION TO BE CONSIDERED: To approve a resolution compelling the Eagan Charter Commission to convene a special meeting of the Eagan Charter Commission on April 30, 2008 at 6:30 p.m. in the Eagan Room at Eagan City Hall. FACTS: • The City of Eagan received a petition signed by five members of the Eagan Charter Commission requesting that the City of Eagan, per State Statute, compel the Charter Commission to meet on April 30, 2008. • Eagan Charter Commission member Thomas King signed the petition at City Hall on April 1, 2008, resulting in six signatures on the petition. • Enclosed is a copy of the petition signed and submitted by the six Charter Commission members. • Also enclosed is a proposed resolution for the Council's consideration should the Council wish to direct the Charter Commission to hold a special meeting. • Lastly, enclosed is a memo form City Attorney Dougherty, which states that the City Council has the authority to require that the Charter Commission hold a special meeting and states that the Council can also determine the specific action items to be considered at the special meeting. • The agenda items being proposed in the resolution was taken directly from the petition submitted to the City, and no alterations have been proposed. • That being said, should the City Council wish to change or add to the agenda items the Charter Commission would be asked to consider, the City Council has that right according to the City Attorney. ATTACHMENTS: • Enclosed on pages(IS through N7 t is the signed petition submitted by six members of the Eagan Charter Commission. • Enclosed on pages(Lleand/L)q is a resolution for the Council's consideration compelling the Eagan Charter Commission to meet on April 30, 2008. • Enclosed on pages llq~ and- is a memo from City Attorney Dougherty stating his opinion as to whether the City Council has the authority to require that the Charter Commission hold a special meeting and if so, can the Council also set the purpose of the meeting. 14-4 PETITION to the Eagan City Council March 25, 2008 WHEREAS : Eagan Charter Commission by-law Article V Section 3 reads: "When needed, a special meeting may be called by the Chair or five commissioners. The business to be considered at special meetings shall be limited to that stated in the meeting notice unless commissioners present vote unanimously to conduct additional business." And, WHEREAS: A majority of the Charter Commission called for a special meeting of the Eagan Charter Commission to be held on March 12, 2008. The members calling the meeting posted notice to the public and the full membership on February 26, 2008, and included as a part of the meeting notice a list of intended agenda items. And WHEREAS: A copy of the February 26, 2008 meeting notice and proposed agenda are attached to this petition for reference. And, WHEREAS: The Secretary of the Commission refused to acknowledge the validity of the public notice posted by members on February 26, 2008, refused to re-post the material in a timely fashion, personally removed at least one instance of the previous posting, and posted a substitute notice and agenda four or fewer days before the scheduled meeting. And, WHEREAS: At the March 12, 2008 meeting the Chair refused the majority the right to discuss the aforementioned agenda items, and refused the assembly the right to adopt an agenda at the beginning of the meeting. The Chair further claimed that the proper procedure for 5 commissioners to call a special meeting (under By-law Article V Section 3) is: 1. The 5 commissioners provide the Chair with suggested agenda items. 2. The Chair polls all of the Commission members to find out if there are other suggested agenda items. 3. The Chair examines the resulting combined agenda and makes a determination, in the Chair's sole discretion, of which of the agenda items, if any, are "urgent." 4. If the Chair does not deem any of the proposed agenda items to be "urgent," the Chair may unilaterally deny the Commission the right to meet in a special meeting to discuss those items. 4~~ And, WHEREAS: At the March 12, 2008 meeting, the Chair admitted that she had received the March 12th agenda forwarded by a majority of the Commission two weeks in advance of the proposed meeting date, but asserted that upon her examination of this agenda, she found no "urgent" business and would not permit the agenda items to be discussed at a special meeting. And, WHEREAS: The undersigned Commission members believe that there does exist business of the Commission that requires urgent attention, and that it is not in the public interest, nor the interests of the Commission as a body, to neglect these items until the next regularly scheduled meeting in November of 2008. And, WHEREAS: The Eagan City Council has the right to compel the Charter Commission to meet under Minnesota Statute, Section 410.05, Subdivision 4, which reads: "Commission meetings. The charter commission shall meet at least once during each calendar year, and upon presentation of a petition signed by at least ten percent of the number of voters of the municipality, as shown by the returns of the last annual municipal election, or upon resolution approved by a majority of the governing body of the city requesting the commission to convene, the commission shall meet to consider the proposals set forth in such petition or resolution. THEREFORE, The undersigned members of the Eagan Charter Commission do hereby petition the Eagan City Council to exercise its ability to compel the Eagan Charter Commission to convene in a Special Meeting of the Eagan Charter Commission on April 30, 2008 at 6:30 p.m. in the Eagan Room at City Hall to consider the following proposals: 1. Amendment of the Commission By-laws, specifically: • Article III, Section 9 (Removal of Officers) be amended to read: "The Commission may, by majority vote, remove an officer at any time for any reason". • Article III, Section 8 (Officer Vacancies) be amended to read: "If an office is vacated, an election for that office will be held at the meeting in which the vacancy occurs or the next Commission meeting, which-ever comes first". 2. Consideration of removal of officers pursuant to the By-laws. 3. Fill vacant Commission offices by election. Signed, v ~ ~ 3 z~- ~ ~ t/l./ r ~ ~ ~ ~ Zs / d ~ ~ ~ f ~ ~~~~a ~ j 1~~,-- CITY OF EAGAN RESOLUTION NO. 08- RESOLUTION COMPELLING THE EAGAN CHARTER COMMISSION TO CONVENE A SPECIAL MEETING OF THE EAGAN CHARTER COMMISSION ON APRIL 30, 2008 WHEREAS, Eagan Charter Commission Bylaw Article V Section 3 reads: "When needed, a special meeting may be called by the Chair or five commissioners. The business to be considered at special meetings shall be limited to that stated in the meeting notice unless commissioners present vote unanimously to conduct additional business." And, WHEREAS, the Eagan City Council has the right to compel the Charter Commission to meet under Minnesota Statute, Section 410.05, Subdivision 4, which reads: "Commission meetings. The charter commission shall meet at least once during each calendar year, and upon presentation of a petition signed by at least ten percent of the number of voters of the municipality, as shown by the returns of the last annual municipal election, or upon resolution approved by a majority of the governing body of the city requesting the commission to convene, the commission shall meet to consider proposals set forth in such petition or resolution." And, WHEREAS, the City of Eagan has received a petition signed by six members of the Eagan Charter Commission petitioning the Eagan City Council to compel the Charter Commission to meet on April 30, 2008, NOW, THEREFORE, BE IT RESOLVED, that the Eagan City Council compels the Eagan Charter Commission to convene in a Special Meeting of the Eagan Charter Commission on April 30, 2008 at 6:30 p.m. in the Eagan Room at Eagan City Hall to consider the following proposals: 1. Amendment of the Commission By-laws, specifically: • Article III, Section 9 (Removal of Officers) be amended to read: "The Commission may, by majority vote, remove an officer at any time for any reason." • Article III, Section 8 (Officer Vacancies) be amended to read: "If an office is vacated, an election for that office will be held at the meeting in which the vacancy occurs or the next Commission meeting, which-ever comes first." 2. Consideration of removal of officers pursuant to the By-laws. 3. Fill vacant Commission offices by election. ADOPTED by the Council this 15th Day of April, 2008. Mike Maguire, Mayor ATTEST: Maria Petersen, City Clerk IT~ SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. TO: Tom Hedges, City Administrator FROM: Michael G. Dougherty, City Attorney DATE: April 9, 2008 RE: Petition from Eagan Charter Commission Members dated March 25, 2008 It is my understanding that you received a Petition, dated March 25, 2008, signed by five members of the Eagan Charter Commission requesting the Eagan City Council to compel a special meeting of the Commission to be held on April 30, 2008. The petitioners identified the purpose of the special meeting to be the consideration of. (1) amendment to the Commission's Bylaws; (2) removal of officers; and (3) election of officers. You have requested an opinion as to whether the City Council has the authority to require that the Charter Commission hold a special meeting and if so, can the Council also set the purpose of the meeting. The answer to both questions is yes. Minn. Stat. §410.05, subd. 4 provides that upon resolution approved by a majority of the governing body of the City requesting the Charter Commission convene, the Charter Commission shall meet to consider the proposal set forth in such resolution. Pursuant to the statute, so long as three Council members approve a resolution requesting the Charter Commission to convene, the Commission is required by law to meet and consider the matters set forth in the resolution. The statute does not limit nor define the type or extent of the proposals that the Council may direct for consideration. Moreover, while the Council may direct that certain proposals be considered by the Commission, the Council cannot mandate a particular consequence of such consideration. The statute requires the Charter Commission to consider the items set forth by the Council, but does not give the City Council any power over the outcome that may be derived from such consideration. If you have any questions, please be in contact with me. f5V AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER APRIL 15, 2008 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA I. Approve EDA Minutes D. OLD BUSINESS E. NEW BUSINESS 1. CEDAR GROVE REDEVELOPMENT DISTRICT - Authorize Submittal of Environmental Action Plan and Grant Application for Former Shell Station, 3830 Sibley Memorial Hwy F. OTHER BUSINESS G. ADJOURN Agenda Information Memo Eagan Economic Development Authority Meeting April 15, 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 ACTION TO BE CONSIDERED: To approve Consent Agenda as presented or modified. 1. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the April 1, 2008 EDA meeting as presented or modified. ATTACHMENTS: • Minutes of the April 1, 2008 EDA meeting on pages l MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota April 1, 2008 A meeting of the Eagan Economic Development Authority was held on Tuesday, April 1, 2008 at the Eagan Municipal Center. Present were President Maguire, Commissioner Carlson, Commissioner Fields, Commissioner Bakken and Commissioner Tilley. Also present were Executive Director Hedges, City Engineer Matthys and City Attorney Dougherty. ADOPT AGENDA Commissioner Tilley moved, Commissioner Bakken seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 CONSENT AGENDA Commissioner Bakken moved, Commissioner Tilley seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 1. It was recommended to approve the minutes of the March 18, 2008 EDA meeting. OLD BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT STIPULATION OF SETTLEMENT FOR OAK TRUST CREDIT UNION PROPERTY AT 3880 SIBLEY MEMORIAL HIGHWAY Community Development Director Hohenstein discussed this item regarding a stipulation of settlement for condemnation action with Oak Trust Credit Union. Commissioner Bakken moved, Commissioner Tilley seconded a motion to approve a stipulation of settlement for condemnation action with Oak Trust Credit Union at 3880 Sibley Memorial Highway for redevelopment purposes. Aye: 5 Nay: 0 NEW BUSINESS NORTHEAST EAGAN REDEVELOPMENT DISTRICT RECOMMENDATION FROM FINANCE COMMITTEE REGARDING STATUS OF DISTRICT Community Development Director Hohenstein discussed a recommendation by the City Council Finance Committee regarding the status of the Northeast Eagan Redevelopment. /!5 5 Commissioner Bakken moved, Commissioner Fields seconded a motion to approve a recommendation by the City Council Finance Committee regarding the status of the Northeast Eagan Redevelopment District. Aye: 5 Nay: 0 OTHER BUSINESS There were no Other Business items. Commissioner Tilley moved, Commission Fields seconded a motion to adjourn the EDA meeting at 6:45 p.m. Date Thomas Hedges, Executive Director 1sLf Agenda Memo Eagan Economic Development Authority Meeting April 15, 2008 1. CEDAR GROVE REDEVELOPMENT DISTRICT-AUTHORIZE DEVELOPMENT RESPONSE ACTION PLAN AND GRANT APPLICATION ACTION TO BE CONSIDERED: To authorize the submittal of an Development Response Action Plan and Grant Application for Environmental Remediation of the Former Shell Station, 3830 Sibley Memorial Hwy. FACTS: • The City of Eagan has contracted with Braun Intertec to perform Phase I and II environmental assessment work on properties within the Cedar Grove Redevelopment Area. In addition, they have acted as consultants for the City regarding available environmental remediation grant applications. • Braun Intertec has suggested that the City may apply for the next round of MPCA's VIC program grants in May. In order to apply for these grants, the City will need to authorize Braun Intertec to create a Development Response Action Plan (DRAP) and, authorize them to apply and submit the grant application on the City's behalf. Authorizing the DRAP and grant application will require an amendment to the consultant's scope of services. • It is possible that first phase development in Cedar Grove may occur at the east end of the core area, therefore, identified petroleum contamination at the former Shell station located at 3830 Sibley Memorial Hwy should be considered a priority for remediation. Therefore, the DRAP and grant application would apply specifically for this site. • It should be noted that, as part of an Indemnification Agreement, Basil Dyab, the former owner of the Shell Station property, is responsible to reimburse the EDA for all costs related to the petroleum tank leak, with no limit. $72,500 is being held in escrow to be applied for such costs. The cost of the DRAP and application should be a covered cost. ATTACHMENTS: • Location Map-3830 Sibley Memorial Hwy on page ~1. Imo'► UI ~m~m■i~~■mrfl~fi"~ir~i~i~l~ w~' ~m~~s - Silver_Bell Rd , r Subject Location r~ Cedar Grove Redevelopment-Area - Il//Z ~•cN ~'v Core Area 1 ~ z 11- ( IC ~ S 0 325 650 1,300 z City of Ea~a~ Feet Cedar Grove Redevelopment Area 3830 Sibley Memorial Hwy Former Shell Station G-L Agenda Information Memo Eagan Economic Development Authority Meeting April 15, 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. I /G7