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04/04/2006 - City Council Regular
'~ ', AGENDA . EAGAN CITY COUNCIL -REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING April 4, 2006 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE (Fire Department Honor Guard) II. ADOPT AGENDA (At approximately 8:00 p.m. the Council will take a short recess) III. RECOGNITIONS & PRESENTATIONS ?, A. Recognition of Retired Volunteer Fire Chiefs IV. CONSENT AGENDA A. APPROVE MINUTES B. PERSONNEL ITEMS ~ C. APPROVE CHECK REGISTERS ' D. ADOPT Proclamation of National Public Safety Telecommunications Week /Recognition of Eagan Police Dispatchers • 11 E. APPROVE Off-Sale Liquor License and a Tobacco License for Diffley Liquor, Inc. (dba Blackhawk Liquor) located at 4130 Blackhawk Road ~•tSF. DECLARE Police Department office furniture as surplus to be disposed of as refuse .~ G. SCHEDULE Public Hearing for May 2, 2006 to certify delinquent utility bills '~ H. SCHEDULE Public Hearing for May 2, 2006 to certify delinquent invoice for Shell Station - Cedarvale Blvd. APPROVE use of the Community Center for the Miss Eagan Pageant at no charge during the 4a' of July festivities DD ~T. APPROVE advertisement for Statement of Qualifications and Quotes (SOQQ) for Patrick Eagan Park Master Plan ~QK. APPROVE professional services agreement with Outdoor Environments Inc. and Golf Greens of Minnesota to ~r ww design plans and specifications for a miniature golf course within Cascade Bay and authorize staff to obtain competitive bids for construction of project •~ L. APPROVE concessions food and supplies contract for Parks and Recreation concessions operations and authorize the Mayor to sign the appropriate documents • M. APPROVE changes to the 2006 fees and charges pertaining to Parks and Recreation N. AWARD Contract for Contract 06-02, City Wide Street Improvements p. O. AWARD Contract for Contract 06-03, City-Wide Street Improvements P~ ~fP. APPROVE Final Planned Development -Grand Oak 10 -Interstate Partners - A Final Planned Development of 5.4 G acres to build a 3-story, Class A office building on Lot 1, Block 1, Grand Oak Five in the NE '/4 of Section 2. ~. ~. APPROVE Final Planned Development -Goodwill - Fendler Patterson - A Final Planned Development of 3.4 acres to build a single story retail store located at Lot 2, Block 1, Slumberland Addition in the SE '/. of Section ZO ~.S~R. APPROVE Correspondence to Support State Funding in 2006 for the Expansion of the Northwest Area of Inver Grove Heights ~.~S. APPROVE Release of Retainage for Contract 03-09 (Coachman Water Treatment Plant) T. APPROVE Lease Agreement between City and St. Croix Harley Davidson V. PUBLIC HEARINGS P• ~ A. EASEMENT VACATION -Lots 1 and 2, Block 1, Oakview Center VI. OLD BUSINESS ~~ ~ A. FINAL PLAT AND FINAL PLANNED DEVELOPMENT -Diffley Marketplace -Diffley Ventures -Final Plat of 10.64 acres and a Final Planned Development to allow a commercial retail development including a grocery store, two multi-tenant retail buildings located on Outlot A, Lexington Pointe Thirteenth Addition and Outlot A, Lexington Pointe Seventh Addition in the NW '/< of Section 26. VII. NEW BUSINESS 79 A. PLANNED DEVELOPMENT AMENDMENT -Lesley Tscheme - A Planned Development Amendment to allow a kennel service in her home located at 3812 Blackhawk Ridge Place in the NE'/< of Section 21. P~ ~bB. COMPREHENSIVE GUIDE PLAN AMENDMENT and REZONING -Bassett Property- Sunrise Properties - A Comprehensive Guide Plan Amendment from LD (Low Density) Residential to HD (High Density) Residential and a Rezoning from A (Agriculture) to R-4 (Residential Multiple) located at 2101 Wuthering Heights Road in the SW '/< of Section 18. ~.I'I~.C. PLANNED DEVELOPMENT AMENDMENT, FINAL PLANNED DEVELOPMENT AND FINAL PLAT - (Oakview Center 2"d Addition) Comfort Suites -Eagan Hospitality Group, Inc. - A Planned Development Amendment and Final Planned Development to build a 4-story, 130 room hotel, and a Final Plat to replat two lots as Lot 1, Block 1, P• ~„~ Oakview Center 2"d Addition in the NW '/< of Section 12. `i REZONING, PRELIMINARY PLANNED DEVELOPMENT, and PRELIMINARY SUBDIVISION -Red Pine Crossing - CNH Architects - A Rezoning of 9.82 acres from NB (Neighborhood Business) to PD (Planned Development), A Preliminary Planned Development to create mixed use neighborhood commercial development, and A Preliminary Subdivision of 9.82 acres to create 3 lots located in the SE '/4 of Red Pine lane and State Hwy 3 in Section 36. P'~. RECEIVE Petition and Authorize Preparation of Feasibility Report for Project 929 (Red Pine Lane Upgrade - Street Improvements) ~~ I~. CONDITIONAL USE PERMIT -Community Center- City of Eagan - A Conditional Use Permit to allow a pylon sign located at 1501 Central Pkwy in the SE '/< of Section 9. VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE ~~' IX. ECONOMIC DEVELOPMENT AUTHORITY 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 ADOPT AGENDA n.Z" APPROVE MINUTES D. OLD BUSINESS E. NEW BUSINESS p '~ 1. SOUTHEAST EAGAN -Receive Substandard Condition Report and Request for Consideration of the Creation of Renewal and Renovation Tax Increment Financing District for a Portion of the Area Bounded by Hwy 3, Red Pine Lane, Biscayne Avenue and Gun Club Road in Southeast Eagan and Request that the City Council Call for a Public Hearing ~• ~2. CEDAR GROVE REDEVELOPMENT DISTRICT -Authorize Staff to Enter into Negotiations for the Potential Acquisition of the Steve Martin Property (Former Child Care Center), 3990 Sibley Memorial Highway F. OTHER BUSINESS G. ADJOURNMENT X. ADMINISTRATIVE AGENDA XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. CLOSED SESSION XIII. ADJOURNMENT The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. City of Eagan Memo To: HONORABLE MAYOR & COUNCILMEMBERS From: CITY ADMINISTRATOR HEDGES Date: MARCH 31, 2006 Subject: AGENDA INFORMATION FOR APRIL 4, 2006 CITY COUNCIL MTG ADOPT AGENDA After approval is given to the April 4, 2006 City Council agenda, the following items are in order for consideration. Agenda Information Memo Apri14, 2006 Eagan City Council Meeting III. RECOGNITIONS & PRESENTATIONS A. RECOGNITION OF RETIRED VOLUNTEER FIRE CHIEFS ACTIONS TO BE CONSIDERED: To recognize all former City of Eagan Fire Chiefs. FACTS: - The City of Eagan has been extremely fortunate to have nine dedicated volunteers who have served as Eagan Fire Chief between 1963 and 2006. - It would not have been possible to maintain one of the largest volunteer fire fighting departments in the State had it not been for the leadership of these nine men. - As the City and the Eagan Fire Department together enter a new stage of having a full time Fire Chief in Mike Scott, we want to take this opportunity to recognize and thank the Chiefs who have come before him. - We especially want to recognize our most recent Fire Chief, Bob Kriha, under whose exemplary leadership and guidance the City was able to successfully transition to a fulltime Chief. - The following men have served the City of Eagan has volunteer Fire Chiefs: Don VanEngen July 1963-May 1967 (deceased) Ted Ringberg May 1967-August 1967 Bill Schultz August 1967-November 1977 (currently in Arizona, and coming back to Minnesota later this week) Bob Childers November 1977-July 1986 Richard Schindeldecker July 1986-December 1986 Ken Southorn December 1986-November 1992 Dale Nelson December 1992-November 1995 Craig Jensen December 1995-December 2003 Robert Kriha December 2003-March 2006 - At this time, the Mayor and City Council will present Chief Kriha with a plaque to honor his recent service as Fire Chief, and present the other former Chiefs with certificates of appreciation for their service to the City of Eagan. Z Agenda Information Memo Apri14, 2006 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 March 21, 2006 regular City Council meeting and the March 14, 2006 special City Council meeting as presented or modified. ATTACHMENTS: Minutes of the March 21 2006 regular City Council meeting are enclosed on pages through ~. Minutes of the March 14, 2006 special City Council meeting are enclosed on pages through ~. 3 MINUTES OF A REGULAR MEETING OF THE ®/~~ EAGAN CITY COUNCIL K c Eagan, Minnesota I March 21, 2006 A Listening Session was held prior to the regular City Council meeting at 6:00 p.m. in the Eagan Room. Present were Mayor Geagan, Councihnembers Fields, Maguire and Tilley. Councilmember Carlson was not present. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on March 21, 2006 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers Fields, Tilley, and Maguire. Councilmember Carlson was absent. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty, and Administrative Secretary /Deputy Clerk Mira Pepper. AGENDA Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the agenda as presented. Aye: S Nay: O RECOMMENDATIONS AND PRESENTATIONS OATH OF OFFICE -FIRE CHIEF Mayor Geagan administered the Oath of Office to Michael Scott, the City's new full-time Fire Chief. PRESENTATION REGARDING EAGAN HURRICANE KATRINA RELIEF EFFORTS Ken Southorn, Part-tim Emergency Manager, and Communications Director Tom Garrison made a presentation regarding recent Hurricane Katrina relief efforts in Pass Christian, Mississippi. CONSENT AGENDA It was noted that item J regarding the Diffley Marketplace would be pulled for discussion. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the consent agenda as amended. Aye:4 Nay:O A. Minutes. It was recommended to approve the minutes of the March 6, 2006 regular City Council meeting and the February 13, 2006 special City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Robert Muller as a Parks Maintenance Worker. C. Check Re isg ters. It was recommended to ratify the check registers dated March 9, 2006 and March 16, 2006 as presented. D. Temporary On-Sale Liquor License. It was recommended to approve a temporary on-sale liquor license for the Eagan Foundation and waive the $1501icense fee. E. Designate Depository It was recommended to designate Anchor Bank as a depository for City funds. F. Certificate of Release of Land. It was recommended to approve a Certificate of Release of Land from Waiver of Objection to Special Assessments. G. Assistance to Firefighters Grants Pro rg am. It was recommended to authorize an application for the Assistance to Firefighters Grant to cover cost of new radio equipment for the 800 MHz radio system. H. Owest Contract Renewal. It was recommended to renew a contract between Qwest and the City of Eagan for E911 PSAP equipment and maintenance agreement. I. Final Plat. It was recommended to continue action on the Vacation of easements and the Final Plat for Halley's 2"d Addition to the May 16, 2006 City Council meeting. J. Pulled for discussion (Difflev Marketplace). K. Removed from agendaprior to meeting_ L. Tobacco License. It was recommended to approve a tobacco license for Adel Dhanani at 4206 Nicols Road. Eagan City Council Meeting Minutes March 21, 2006 Page 2 °RgFr M. Donation. It was recommended to accept a donation of $300 from the Eagan Senior Program Advisory Board for Parks and Recreation. N. Changes in Fees. It was recommended to approve the following policy change to the Parks and Recreation Fees and Charges Policy: Allow the charge of a $50 protest fee to a team that chooses to protest a rule and/or eligibility from adult league play. O. Accept Grant Funding. It was recommended to accept grant funding in the amount of $4,600 from LCTS to target individuals and families living in low income, high density, isolated neighborhoods. P. Municipal State Aid Route Desi nag tion• 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. Q. Development Acceptance & Maintenance Authorization. It was recommended to acknowledge the completion of improvements for City Project No. OS-D (Cedar Bluffs Business Center) under terms of the Development Agreement and authorize perpetual City maintenance subject to warranty provisions. R. Project 719. It was recommended to approve an Agreement for Preliminary Engineering for Project 719 (Diffley Road and Rahn Road -Traffic Study of Intersection Upgrade) with the Dakota County Transportation Department and authorize the Mayor and Deputy City Clerk to execute all related documents. S. Contract OS-08. It was recommended to approve plans and specifications for Contract OS-08 (Lone Oak Drive and Lone Oak Parkway -Trail Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, Apri120, 2006. T. Claim for Damages. It was recommended to receive the recommendation from the Public Works Committee, approve the proposed settlement agreement with Henry Jandewerth (1704 Walnut Lane) and authorize the Mayor and Deputy City Clerk to execute all related documents. U. ProJ'ect 918. It was recommended to approve an Easement Agreement for Project 918 (Pilot Knob Road and Lone Oak Road -Street and Traffic Signal Improvements) with the owners of Parcel 10-18300-010-02 and authorize the Mayor and Deputy City Clerk to execute all related documents. V. Business Window Signage Task Force. It was recommended to authorize the formation of a Business Window Signage Task Force and postpone enforcement of Window Sign Provisions of the City Sign Code pending Council action on the Task Force Report. J. Final Plat and Final Planned Development - Diffley Marketplace - Diffley Ventures - A Final Plat of 10.64 acres and a Final Planned Development to allow a commercial retail development including a grocery store, two multi-tenant retail buildings located on Outlot A, Lexington Pointe Seventh Addition in the NW '/4 of Section 26. City Administrator Hedges end Public Works Director Colbert explained that a'/4 access at Diffley Road and aone- way entrance only access from Daniel Drive was denied by the County's Physical Development Committee at their March 21 meeting. It was recommended this item be continued until Apri14 to allow time to reconsider options. Councihnember Fields stated she would like Council to meet with representatives of Dakota County to discuss the access issues. Councilmember Maguire moved, Councilmember Tilley seconded a motion to continue consideration of a Final Plat (Diffley Marketplace) to create one lot on approximately 10.94 acres located south of Diffley Road and east of Lexington Avenue, legally described as Outlot A, Lexington Pointe 13`~ Addition and Outlot A, Lexington Pointe 7"' Addition, in the NW '/4 of Section 26 to the Apri14, 2006 regular City Council meeting. Aye: 4 Nay: 0 PUBLIC HEARINGS VARIANCE -ROGER AND MARCIA JOHNSON City Administrator Hedges introduced this item regarding a request for a variance to exceed the 20% maximum building lot coverage by 1% for an addition to the existing home on Lot 20, Block 6, Cedar Grove No. 6, located at 1781 Gold Court. City Planner Ridley gave a staff report. Roger Johnson, appiicant, discussed the proposed addition and variance. Eagan City Council Meeting Minutes March 21, 2006 ~ D A Page 3 !~ /~ Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Maguire seconded a motion to approve a Variance to exceed the 20% maximum building lot coverage by 1 % for an addition to the existing home on Lot 20, Block 6, Cedar Grove No. 6, located at 1781 Gold Court in the NE'/e of Section 20. Aye: 4 Nay: 0 PROJECT 874, TH 55 NORTH FRONTAGE ROAD / GIFT O MARY STREET AND UTILITY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for TH 55 North Frontage Road / Gift of Mary street and utility. improvements. Public Works Colbert gave a staff report. Mayor Geagan opened the public hearing. John Cina, 3402 Highway 55, objected to the assessment to his property stating he would not benefit from the street improvements. Council explained the senior citizen deferment option for Mr. Cina and suggested he meet with Administrative Services Director VanOverbeke. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Final Assessment Roll for Project 874 (TH North Frontage Road / Gib of Mary -Street and Utility Improvements) for Parcels 10-3800-070-02 and 10-01200-060-02 and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0 OLD BUSINESS CLARIFICATION FOR HAWTHORNE RIDGE -EXCEL DEVELOPMENT City Administrator Hedges explained that Excel Development is seeking City Council clarification regarding restaurant uses in the Hawthorne Ridge strip retail center located at 525 Diffley Road. City Planner Ridley provided background information. Several area residents and a representative of Cooper's Restaurant expressed their concerns regarding increased traffic, lighting issues, and odors should a restaurant be allowed on the site. Other residents stated a coffee or sandwich shop would be welcome provided traffic did not become an issue. After discussion, it was the consensus of Council to honor what was agreed to with the neighborhood during the rezoning of the property from Agricultural to Neighborhood Business and not allow a restaurant on the site. It was further agreed that the guideline for what defines a restaurant would hinge on the state requirement for a restaurant license. NEW BUSINESS PRELIMINARY SUBDIVISION (GOPHER COMMONS) -GOPHER RESOURCES City Administrator Hedges introduced this item regarding a request for a variance to the County's Access Spacing Guidelines for the proposed Gopher Commons subdivision. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Tilley seconded a motion to authorize staffto request a Variance to the County's Access Spacing Guidelines for the proposed Gopher Commons subdivision. Aye: 4 Nay: 0 b Eagan City Council Meeting Minutes March 21, 2006 n A Page 4 /~ ~L,, BORCHERT LANE NO PARKING City Administrator Hedges introduced this item regarding a resolution to prohibit parking on the northeast side of Borchert Lane. Public Works Director Colbert gave a staff report. Councilmember Fields moved, Councilmember Tilley seconded a motion to adopt a resolution to prohibit parking on the northeast side of Borchert Lane and authorize the Mayor and Deputy Clerk to execute all related documents. Aye: 4 Nay: 0 LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE City Administrator Hedges provided an update regarding bonding issues currently being addressed at the State Legislature. Councilmember Fields suggested that a letter of congratulations be sent to Congressman Ramstad who was recently named Congressman of the Year by N.O.I.S.E. The regular City Council meeting was recessed at 8:10 p.m. and a meeting of the Economic Development Authority was immediately convened. The regular City Council meeting was reconvened at 8:45 p.m. There were no items. ADMINISTRATIVE AGENDA VISITORS TO BE HEARD A Petition was submitted by a retail owner of Cedarvale shopping Center for a dinner theater, fine arts and community theater. Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the regular City Council meeting at 8:50 p.m. Aye: 5 Nay: 0 Date Administrative Secretary /Deputy City Clerk 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. 7 MINUTES SPECIAL CITY COUNCIL MEETING MARCH 14, 2006 5:30 P.M. EAGAN ROOM - EAGAN MUNICIPAL CENTER City Councilmembers present: Mayor Geagan, Councilmembers Carlson, Fields, and Maguire. Councilmember Tilley was out of town attending the National League of Cities Conference. City staff present: City Administrator Hedges, Assistant to the City Administrator Miller, Director of Administrative Services VanOverbeke, Director of Community Development Hohenstein, Administrative Intern Walz, Public Works Director Colbert, Superintendent of Streets Struve, City Planner Ridley, Deputy Police Chief McDonald, and Director of Communications Garrison. City Attorney Mike Dougherty was also present. I. ROLL CALL AND AGENDA ADOPTION Mayor Geagan called the meeting to order. Councilmember Fields moved; Councilmember Maguire seconded a motion to adopt the agenda. Aye: 3; Nay: 0 (Councilmember Carlson not yet present.) II. SIGN CODE /WINDOW SIGNS City Administrator Hedges introduced the item noting that the Eagan City Code establishes standards under which signs are regulated within the City of Eagan. Hedges added that in 2005, the City Council directed the Advisory Planning Commission and staff to study possible changes in the regulation of temporary signs and additional regulation for window signage. At that time, Hedges added that information about the proposed changes were distributed by the Chamber to its members. It was noted that an article about the changes was also included the Eagan Business News newsletter, and a press release was provided to the local media to highlight the changes in the regulation of temporary signs and additional regulation for window signage. Hedges noted that the code amendment was adopted in the summer of 2005. Hedges added that since the changes to the sign code have gone into affect, the City and the Chamber have received a number of questions and concerns regarding the implementation of the new regulations for window signage and, therefore, due to these concerns, members of the City Council directed that a discussion item be placed on tonight's agenda. Ruthie Batulis, President of the Northern Dakota County Chambers of Commerce, as well as John Curlee of Curlee State Farm, and Buzz Anderson, President of Minnesota Retailers Association, addressed the City Council with their concerns regarding the window signage changes. Ms. Batulis made a request of the City Council to consider placing a moratorium on the sign code changes in order to allow for the formation of a task force to further discuss the proposed changes to the sign code, particularly with regard to window signage. The three representatives that address 8 the City Council also noted the excessive burden that the code changes have placed on Eagan businesses. The City Council discussed the concerns voiced by the Chamber of Commerce and business community. Mayor Geagan also recognized many business owners and representatives in the audience. Councilmember Carlson arrived at 5:40 p.m. Following Council discussion, Mayor Geagan moved; Councilmember Fields seconded a motion to enact a moratorium on the sign code amendment for a period of 60 days and establish a task force to include two Councilmembers (Councilmembers Fields and Maguire), two members of the Advisory Planning Commission, Chamber President Batulis, and four diverse business representatives within the City of Eagan. The recommendations of the task force are to be brought back within 60 days. Aye: 4; Nay: 0 The City Council recessed from 6:10 to 6:20 p.m. The City Council workshop reconvened at 6:20 p.m. III. BROADBAND OVERVIEW City Administrator Hedges introduced the item noting that in February 2004 the Eagan City Council gave direction to form the first Technology Task Force and began examining what Eagan's citywide Internet connectivity goals could or should be. Hedges added that the 2006 priorities for the Technology Working Group include reporting back later this spring on recommendations for the highest and best use for an 11.5 mile conduit route that Eagan owns, determining recommendations regarding wireless needs, and determining how to attract world class Internet speeds to Eagan. Lastly, Hedges added that in November of 2005, the City Council approved hiring the consulting firm of Dynamic City to provide the City and the working group with the specific market and engineering analysis regarding best use options for the conduit and also to supply expertise about fiber options that could provide Eagan world class Internet speeds. Communications Director Garrison introduced three consultants representing Dynamic City. Keith Wilson, CEO of Dynamic City, provided a presentation to the City Council on world class broadband. Following Mr. Wilson's presentation, the City Council discussed broadband and Internet needs within the City of Eagan. Communications Director Garrison noted that the consultants and the Technology Working Group will be coming back to the City Council with options on how the 11.5 miles of conduit can be used within the City of Eagan. Mayor Geagan thanked NDC Chamber President Ruthie Batulis for her involvement in the broadband discussions. Q IV. WINTER PARHING BAN ORDINANCE City Administrator Hedges introduced the item noting that at the Council's Listening Session on January 17, the City Council received a request from several property owners on Eagle Crest Drive to change the City's current winter parking ban ordinance to rectify a concern they have with a neighbor's vehicle frequently parked in front of their home. At that time, the Council referred the matter to the Public Works Committee for further review. Hedges added that on February 13, the Public Works Committee met with the Petitioners and reviewed the substantial documentation provided by the impacted homeowners, the current City ordinances, and parking bans of several other communities. Public Works Director Colbert, Superintendent of Streets Struve, and Deputy Chief McDonald provided overviews of the various options available to the City with regard to snow removal and control of on-street parking year-round. Councilmember Maguire highlighted the discussion that the Public Works Committee had on the issue. Deputy Chief McDonald provided an overview of how other cities enforce winter parking ordinances. The City Council discussed the concerns of the residents on Eagle Crest Drive as well as the City's overall enforcement of the winter parking ban ordinance. An Eagan resident addressed the City Council regarding the issues that he and his wife have with regard to cars parking in their neighborhood during the winter. Upon further Council discussion, Councilmember Fields moved; Councilmember Maguire made a motion to deny a request to change the City's winter parking ban ordinance and noted that if the residents on Eagle Crest Drive approach the City with solidarity on a parking proposal via a petition process, then the City Council will consider such a petition. Aye: 4; Nay: 0 V. ADOPT-A-STREET PROGRAM City Administrator Hedges introduced the item noting that the City of Eagan currently does not have a formal program that allows citizens or business groups to provide litter control and general community cleanup in an organized fashion along our local streets. Director of Public Works Colbert provided a proposal to the Council for their consideration of adopting such an "Adopt-A-Street" Program for the City of Eagan. The City Council discussed the proposed program and the cost associated with implementing it. Councilmember Fields moved; Councilmember Maguire seconded a motion to implement the Adopt-A-Street Program in the City of Eagan, provided that signs placed on the adopted streets be optional and, if it is the desire of the group and/or individual to have their name added to a sign; the sign must be purchased by the group and/or individual. Aye: 4; Nay: 0 The City Council briefly discussed the most recent snow removal process following over 10 inches of snow that fell this week. Mayor Geagan complemented the City staff for their prompt work on snow removal. VI.2006 LEGISLATIVE PRIORITIES City Administrator Hedges introduced the item noting that in keeping with the City Council's past practice, a list of 20061egislative priorities has been developed for the Council's consideration. Hedges noted that the priorities included a list of items in which the Council has taken a formal position. Hedges also added that the priorities presented do not duplicate the efforts made by the three lobbying organizations to which the City of Eagan belongs. The City Council discussed the legislative priorities, including proposed legislation regarding eminent domain. Mayor Geagan thanked Councilmember Carlson for testifying last week with concerns regarding the eminent domain bill. Hedges noted the potential contractual implications within existing TIF districts should such legislation move forward. The Council noted that included in the priorities should be a request that a grandfather clause be added for TIF districts already established through the State Auditors Office. The City Council directed that a letter be sent to the City's legislative delegation with the 20061egislativeprforities. The Council also directed that in future years, a meeting be established with the legislative delegation in advance of the session beginning. The Council also requested that the legislative priorities be copied to the media. VII. JOINT MEETING WITH THE AIRPORT RELATIONS COMMISSION City Administrator Hedges introduced the item noting that it is the City Council's practice to meet with its Advisory Commissions at least once a year. City Administrator Hedges introduced ARC Chair Chuck Thorkildson, who summarized the proposed 2006/2007 goals and work plan for the ARC. The City Council and the ARC discussed the proposed work plan items, including a realtor/resident survey to gauge the impact of airport noise on the community. The City Council took a short recess from 7:35 to 7:45 p.m. The meeting reconvened at 7:45 p.m. The City Council and the ARC discussed the current representation the City of Eagan receives on the Metropolitan Airports Commission (MAC). The City Council and members of the ARC noted the impact the airport has on Eagan and thus the need for additional representation on the MAC. The Council and ARC discussed the merits of the City of Eagan receiving a seat on the MAC, as well as the possibility of Eagan joining with other communities within the 65 DNL noise contours to lobby for one of the at-large seats on the MAC that is currently assigned to an out-state representative. The City Council concurred with sending correspondence to the City's legislative delegation regarding representation on the MAC, and suggested that it be noted that the MAC districts need to be explored for possible redistricting in the near future to better represent population distribution and impact of MSP Airport. Councilmember Carlson suggested that a survey be included in the Eagan Welcome Packet regarding how airport noise impacted a resident's decision to purchase a home. Mayor Geagan thanked the Airport Relations Commission for their work this past year in preparation of the opening of the new runway. VIII. OTHER BUSINESS The City Council and City Administrator Hedges briefly discussed the need to schedule a workshop and Advisory Commission applicant interviews in the month of April. The City Council agreed that Commission interviews will take place on Apri125, with appointments being made on May 2, 2006. At the request of Councilmember Carlson, the City Council agreed that a letter should be sent to all businesses that are present at the workshop tonight regarding their concerns with the changes to the sign code. It was noted that the letter should include a brief summary of the communications process that was in place when the ordinance was drafted as well as a summary of the moratorium and task force that was established at tonight's meeting. The Council also suggested that when the task force members are appointed, that their names be included on the City's website. The City Council also requested that the list of communities surveyed with regard to window signage ordinances be expanded and also that Eagan be included on the survey. IX. ADJOURNMENT Councilmember Fields moved; Councilmember Maguire seconded a motion to adjourn at 8:25 p.m. Aye: 4; Nay: 0 12 Agenda Information Memo Apri14, 2006 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Utilities Maintenance Worker- ACTION TO BE CONSIDERED: To approve the hiring of Steve Evanson as a Utilities Maintenance Worker contingent upon successful completion of physical, drug and agility testing. Item 2. Retirement/Administrative Secretary-Police- ACTION TO BE CONSIDERED: To acknowledge the retirement of Linda Bendt, Administrative Secretary in the Police Department. FACTS: • Linda Bendt has been an employee in the Police Department for 23 years. • The City Council will officially recognize Ms. Bendt at the April 18, 2006 City Council meeting. Item 3. Resignation/Water Production Maintenance Worker-- ACTION TO BE CONSIDERED: To accept the resignation of Jay Morgan, Water Production Maintenance Worker. /3 Agenda Information Memo April 4, 2006 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated March 23, 2006 and March 30, 2006 as presented. ATTACHMENTS: Check registers dated March 23, 2006 and March 30, 2006 are enclosed without page number. iu Consent Agenda Information Memo April 4 2006 Eagan City Council Meeting D. Adopt Proclamation of National Public Safety Telecommunications Week/Recognition of Dispatchers ACTION TO BE CONSIDERED: To recognize the week of Apri19-15, 2006, as National Public Safety Telecommunications Week. FACTS: • It has been declared that the week of April 9-15 is National Public Safety Telecommunications Week.. • The Eagan Police Department currently has 12 dispatchers. • With the consolidation of all communications centers in Dakota County, this will be the last year the Eagan Police Department has dispatch employees. • The City of Eagan recognizes the hard work of the Eagan Police Department Dispatchers by adopting this week as National Public Safety Telecommunications Week. • There will be a reception to recognizes our dispatchers on April 11, 2006, @ 4:OOpm in the EOC. ATTACHMENTS Attached on pages ~ is a list of weapons 15 PROC TION NATIONAL PUBLIC-SAFETY TELECO CATIONS WEED APRIL 9-15, 2006 WHEREAS, emergencies can occur at anytime that require law enforcement, fire or emergency medical services, and WHEREAS, when an emergency occurs, the prompt response of law enforcement, firefighters and paramedics is critical to the protection of life and preservation of property; and WHEREAS, public safety call takers, telecommunicators, and dispatchers are the first and most critical contact our citizens have with emergency services and are often considered the community's "first" first responders; and WHEREAS, 9-1-1 call/taker/dispatchers are a vital link for our emergency responders by monitoring their activities, providing responders with information and helping to ensure their safety; and WHEREAS, call takers and dispatchers demonstrate compassion, understanding and professionalism during the performance of their job; NOW THEREFORE BE IT RESOLVED that the City of Eagan acknowledges National "Public Safety Telecommunications Week" in honor of the men and women whose diligence and professionalism keep our city and citizens safe. Honorable Patrick Geagan, Mayor City of Eagan I~ Agenda Review Memo April 4, 2006 Regular City Council Meeting CONSENT AGENDA: E. Off-Sale Liquor License and Tobacco License for Diffley Liquor, Inc. (dba Blackhawk Liquor) located at 4130 Blackhawk Road ACTION TO BE CONSIDERED: Approve an Off-Sale Liquor License for Diffley Liquor, Inc. (dba Blackhawk Liquor) located at 4130 Blackhawk Road Approve a Tobacco License for Diffley Liquor, Inc. (dba Blackhawk Liquor) located at 4130 Blackhawk Road FACTS: • Diffley Liquor, Inc. is purchasing the current Blackhawk Liquor store at 4130 Blackhawk Road • Diffley Liquor, Inc. will operate as a corporation. • The business will continue to operate as Blackhawk Liquor. • The Police Department has conducted a background investigation and finds no reason to deny the applications. • All fees have been paid and staff deems both the liquor and tobacco licenses in order for approval. ATTACHMENTS: None (The application and background information is available for review in Administration) 17 Consent Agenda Information Memo Apri14 2006 Eagan City Council Meeting F. Police Department Furniture Declared Surplus Property ACTION TO BE CONSIDERED: Declare Police Department office furniture as surplus to be disposed of as refuse. FACTS: • The police department replaced office furniture that was approximately 20 years old. • Other city departments had the opportunity to claim the items for department use. • The original furniture was dilapidated and would have no value. ATTACHMENTS Attached on pages 1 ~ is a list of weapons i8 City o~Ea~an POLICE DEPARTMENT March 24, 2006 KENT THERKELSEN Chief of Police To: Lieutenant Duane Pike JAMES MCDONALD Deputy Chief of Police From: Lynn Vasquez Subject: Surplus Furniture On March 10`~ the below listed items were removed from the Police Department and placed in storage at the Maintenance Facility. The list of items needs to be put on the City Council agenda to be declared surplus property so that it can be disposed of. Before these items were removed from the Police Facility, other deparhnents were 3830 Pilot Knob Road given the opportunity to claim any items for official use. Eagan, MN 55]22-1897 Phone: 651.675.5700 These are the items were not claimed for reuse and were removed to the Maintenance Fax: 651.675.5707 Facility: TDD: 651.454.8535 www.ciryofeagan.com QTY ITEM DESCRIl'TION ASSET # CONDITION 4 Chairs, black metal, no arms N/A Poor, worn PAT GEAGAN 2 Chairs, conference style, gray 4269/4282 Poor, worn 1 Task Chair, wheels, gray 4291 Poor, torn seat Mayor 1 Computer Desk N/A Good PEGGY CARI.SON 3 Black metal desk 121 & N/A Poor, chipped CYNDEE FIELDS paint MIKE MAGUIRE 8 Black metal desk, with return 134/129&N/A Poor, chipped MEG TILLEY palnt Council Members 1 Wood podium, green trim None Good 1 Book shelf, black metal 130 Poor, scratched THOMAS HEDGES 4 File Cabinet, 4 drawer, metal 1633/176/154 good City Administrator & N/A THE LONE OAK TREE The symbol of strength and growth in our community Op C I Agenda Information Memo April 4, 2006 Eagan City Council Meeting CONSENT AGENDA SET PUBLIC HEARING DATE FOR MAY 2, 2006 TO CERTIFY DELINQUENT UTILITY BILLS ACTION TO BE CONSIDERED: To set a public hearing for May 2, 2006 to consider the final assessment of the delinquent utility bills and certify them to Dakota County for collection with property taxes. FACTS: On asemi-annual basis, the City reviews and considers delinquent utility balances for certification to property tax statements for collection. Za Agenda Information Memo Apri14, 2006 Eagan City Council Meeting CONSENT AGENDA H. Certification of Delinquent Invoice ACTION TO BE CONSIDERED: To set a public hearing for May 2, 2006 and consider the final assessment roll for this property FACTS: - In January of this year the owner of the Shell Station on Cedarvale Blvd was asked by a representative of our fire department to board up the station after a fire. When Mr Dyab (the owner of record) failed to do as asked, the city had the work done and billed him. The owner has not responded to the original bill nor to the reminder sent out in February. ATTACHMENTS: Copy of invoice and attachment as sent to Mr Dyab-2 pages ~• Remit To: CTTY OF EAGAN 3830 PILOT KNOB ROAD EAGAN MN 55121 651 675-5021 ~iuina Address: 119204 BASSIL DYAB 3830 SIBLEY MEMORIAL HIGHWAY EAGAN, MN 55122 INVOICE 2527 Invoice Date 1/27/06 Due Date WITHIN 30 DAYS OF INVOICE DATE INVOICE Remark Amount BOARD UP SHELL STATION 410.00 INVOICING CHARGE 10.00 t Total Amount Invoiced 420.00 Sales Tax Total Balance Due 420.00 C~OG°>17 Z2 i ~~ ~oo~ \~ . ~ ~ ~- -kr~~~71 • OFFICE (952) 895-1900 • FAX (952) 895-1914 To: City of Eagan ~ Invoice No: 05600-9 Invoice Date: 11/28/05 re: Shell gas station board up Due Date: Upon Receipt Description Amount • After business hours carpenter labor 2 hours @ $130/hour $260.Ob • Truck and generator charge $150.0® iNVOice 2805 Cliff Road E. Bumsvllle. MPI 5833 Balance Due ........................ THANK YOU, for this opportunity to be of service. RONEL CORPORATION Tax I.D. No. 41-1550036 ,/, I $410.001 !?~NOVATORS Agenda Memo Apri14, 2006 Regular City Council Meeting CONSENT AGENDA: I. Use of Community Center for Miss Eagan Pageant ACTION TO BE CONSIDERED: Approve the use of the Community Center at no charge for the Miss Eagan Pageant during the 4th of July festivities FACTS: • The 4th of July Committee is planning to continue the Miss Eagan Pageant as part of the July 4 Festivities again this year • The Committee is requesting use of the following rooms at no charge: • Large meeting room for gown, speech and talent competition • Three small rooms for girls dressing rooms • One large conference room (upstairs) for Pageant Head Quarters for paperwork • Lone Oak Room for Judge's interview room • The requested dates are: • Wednesday, June 28th - 2:00 p.m. - 11:00 p.m. • Thursday, June 29th - 2:00 p.m. - 11:00 p.m. • It has been past practice of the City to allow the 4th of July Committee to use the Community Center at no charge for this pageant ATTACHMENTS: • Attached as page~~ is a copy of a letter from Chris Kilgaffiff, the Pageant Coordinator to the City Council Z~I Dear City of Eagan Council Members, The 4 of July Committee is planning to continue the Miss Eagan Pageant as a part of the July 4 Festivities again this year. The Pageant will be an opportunity for young girls 8 to 18 years old to have a role in the July 4 Festivities. The Committee is trying to keep the cost of the pageant as low as possible. We are again requesting the use of the Eagan Community Center as the location of the pageant. This would keep all of the 4 of July activities centered on the Eagan Park and Community Center. We would like the use of the Center on the following days: Wednesday, June 28th---- 2:00 PM - 11:00 PM Thursday, June 29th------ 2:00 PM - 11:00 PM We are in need of the following rooms: Large meeting room for Gown, Speech and Talent Competition 3 Small rooms for Girls dressing rooms 1 Large conference room (upstairs) for Pageant Head quarters for paperwork , Lone Oak Room/Senior Center for Judge's interview room The 4 of July Committee is requesting that the fee for the rooms be waived for the use of the Pageant activities. Since the crowning of the Miss Eagan in July 2004 and 2005 the Queens and Princesses have participated in many activities in Eagan and the surrounding communities. The following is a list of the parades and personnel appearances of Miss Eagan. Eagan 4 of July Parade Apple Valley 4 of July Parade Burnsville Fire Muster Parade Inver Grove Heights Parade Anoka Halloween Parade Eagan's National Night Out Represented Eagan at the Miss Anoka Pageant Represented Eagan at the Lakeville Pageant Lakeville Pan O Prag Parade. West St Paul Parade Leprechaun Days parade Thank you for considering our request. Sincerely, Chris Kilgarriff Miss Eagan Pageant Coordinator 25 Agenda Memo Apri14, 2006 City Council Meeting J. APPROVE ADVERTISEMENT FOR STATEMENT OF QUALIFICATIONS AND QUOTES (SOQQ) FOR PATRICK EAGAN PARK MASTER PLAN. ACTION TO BE CONSIDERED: Approve the advertisement for Statement of Qualifications and Quotes for the development of Patrick Eagan Park Master Plan. FACTS: • The development of a master plan for Patrick Eagan Park was part of the Council approved CIP for 2006. • The APrC worked with staff to develop the Statement of Qualifications and Quotes to begin the search for a consultant to provide the level of detail that will help with the long term goals for the vision of this park. • The primary focus for the consultant will be to identify the resources that are contained within the park, develop a maintenance strategy, define potential opportunities that might be considered by the city in the short and long term, and help to create a vision that will allow this park to remain natural but invite pedestrian access and enjoyment. • The SOQQ requires a significant amount of public feedback and input which will provide the Council with a general overview of public opinion regarding this special property. ATTACHMENTS: • Copy of SOQQ on pages Z~v Patrick Eagan Park Master Plan City of Eagan General Notice: 1. The City of Eagan Parks and Recreation Department is requesting Statements of Qualifications and Quotes (SOQQ) from consultants with prior experience in evaluating natural resources and developing park master plans. The proposed project includes completion of a resource inventory, the creation of a Master Development/Management Plan for Patrick Eagan Park and development of decision making criteria for evaluating future open space/park land purchases. 2. Response to SOQQ is due not later than noon on Friday, April 28, 2006 to the address listed below. Proposals received after this date and time will not be considered. Juli Seydel( Johnson, Director of Parks & Recreation City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 3. Each proposal shall be submitted with six (6) copies in an envelope clearly marked with the Project's title, "Patrick Eagan Park Master Plan". The fee quote shall be submitted under a separate, sealed cover using the form provided by the City of Eagan. 4. Prebid meeting will be held on Tuesday, April 18, 10:00 a.m. at Eagan City Hall, 2820 Pilot Knob Road. 5. Questions directly relating to any matter contained in this request for proposal shall be directed ONLY to Juli Seydell Johnson, Director of Parks & Recreation at 651-675-5500 or isjohnson(c~cityofeagan.com. 27 Purpose: The goal of this process is to create a plan for an innovative public space that preserves the natural character of the park while allowing the general public access to interact with the community and the environmental features of the park. Introduction: PATRICK EAGAN PARK BACKGROUND NARRATIVE Patrick Eagan Park is the largest tract of City park land in the Eagan system. Consisting of approximately 114 acres, the park is located in the south center of the City. The primary access is located on the east side of the park, off of Lexington Avenue. A number of informal, user developed accesses also exist, most often originating from the surrounding residential developments. Land for the park was acquired by the City of Eagan, or Eagan Township prior to 1975, through a series of nine acquisitions, the first of which took place in 1972, the last in 2004.The acquisitions have included two residences, both of which still exist within the park and continue to be used. The Deerwood House on the west side is currently leased as a residence while the McCarthy House on the east is used for a variety of very popular studio arts programs. Funding for the acquisitions has come from a variety of sources including the City, and State and Federal grants. A number of the grants have stipulations associated with them that limit how the park may be improved or used, most being themed around preservation and low impact. The use of the property surrounding the park property is highly variable. Large and small lot residential developments border significant portions of the park. A naturalistic, privately owned, "Art Park" abuts the park on the south end. A City owned, wooded, ten acre parcel, acquired in 2005 is located at the southeast corner of the park but is considered as a buffer to the park versus an extension of it. A large church is located on the Northeast border. The church and City share a paved parking lot located just north of the existing primary access from Lexington Avenue. This access point is soon to be eliminated and replaced with an access that flows directly into the paved lot and is controlled by a four way semaphore aligned with Northview Park Road. The character of the park itself can best be described as a steep natural bowl. The heavily wooded perimeter slopes to a wet land complex located at the bottom. The wetland complex functions as a significant component of the City storm water system, serving primarily as a retention basin. The natural inflows and outflows have been altered by the installation of control structures. The water quality is highly variable, depending upon climatic conditions. Erodable soils exist on several of the slopes with a number of active gullies having been formed. The woodlands are also highly variable ranging from natural stands of mature oaks to stands of box elder and elm in areas that had been disturbed. Stands of coniferous trees that may have been introduced into the park can also be found. 28 The most recent acquisition included several acres of what had been pasture land. Planned improvements within the park have been minimal. A series of natural surface trails of varying width meander through park and loop the wetlands. The trails are now used exclusively for hiking. Because of the difficulties associated with the steep slopes and potential impacts to the narrow trails, attempts at maintaining cross-country ski trails were abandoned after several years. A number of wooden benches and some minimal interpretative signage have been installed along the trail by various Eagle Scouts. Maintenance of the park has mirrored the minimalist approach to improvements being limited primarily to mowing and clearing the trail corridors and removing hazard and diseased trees. Attempts to contain the spread of invasive, non-native species have been accelerated in recent years. ~q Scope of Service This project contains three sub-projects described below: Natural Resource Inventory and Management Plan a. Complete an inventory of current natural resources of the site. b. Develop a natural resource management plan that maintains or enhances the natural resources found on the site in concert with the recommendations of the Master Plan. c. Provide a budget of probable costs for recommended restorative work in order of priority. d. Complete a wetlands delineation for the park. 2. Master Development Plan for Patrick Eagan Park. a. Plan is to include the following: i. Trail plan, including connection(s) with overall City trail system. ii. Vehicle, pedestrian and bicycle entrance and parking area plan. iii. Identify interpretive opportunities. iv. Signage plan including entrance, directional and interpretive signs. v. Plan for additional public use amenities including bike racks, rest stations, benches, and. public art. vi. Recommendation regarding continued sharing of park area with Eagan Art House and possible expansion by Art House. vii. Recommendation regarding other potential buildings/uses for eastern portion of site. viii. Provide a budget of probable cost for construction or recommended improvements. b. Assessing Community Needs - At minimum, consultant will conduct the following meetings: i. Background/tour with City staff. ii. Individual meetings with up to four stakeholders/neighbors: Eagan Art House, Friends of Patrick Eagan Park, Caponi Art Park Board, and other nearby land owners. iii. Two public forum/input meetings -one before concept is developed and one to present draft concept. iv. Workshop with Eagan Advisory Parks and Recreation Commission and City Council. v. Presentation of Plan to joint APrC/City Council Workshop. c. Provide an artist's rendering of the site including elevations of typical structures/public areas. 3a d. Develop criteria and process for evaluating and prioritizing potential park land additions based upon how the acquisition may benefit the overall park system. Specific properties will not be identified at this time. i. Meet with the APrC in a workshop setting to discuss and develop criteria/system. 1. Rating of parcels being considered for open space. 2. Rating of parcels being considered for active park space. 3. Rating of parcels being considered for apark-related easement. ii. Research and present examples from other communities. 31 Schedule: Tentative Milestones SOQQ Discussed at APrC March 20, 2006 SOQQ APrC Recommendation to Council March 20, 2006 SOQQ Council Approval April 4, 2006 SOQQ Sent to Prospective Firms Week of April 4, 2006 SOQQ Advertised April 8 & 15, 2006 SOQQ Due Date Evaluations of Proposals Interviews Consultant Award Date Public Meetings Completion of Project Noon, April 28, 2006 May 1-3, 2006 May 10, 2006 May 16, 2006 June-August 2006 Fall 2006 3~ Response Content Please include the following information in this order: Cover LetterITitle Page • Include a brief summary of the SOQQ, the name of the firm, local address, telephone and fax number, name of the primary contact person, and the date. Table of Contents • Include a clear identification of the material by section and page number. Consultant Profile • Please include the areas of general services and/or technical expertise of the firm. • Include qualifications of the firm as it relates to the specific services to be provided. • Include same profile information for any sub-contracting firms included in project team. Qualifications -Resumes • Include the qualifications and resumes of key personnel to be assigned to this project. (Note that key personnel may be requested to attend interview.) • Identify project manager for this project. • Provide information regarding the proximity and accessibility to the site for all personnel to be used on the project. Qualifications -References • Please include a narrative description of municipal and private clients where similar services were or are currently being provided by staff identified in Resumes. Also include the name and telephone number of a person who may be contacted at each agency. Please limit each example to one page. Qualifications -Procedure • Describe your firm's approach to preparing the products described in the Scope of Services. • Submit in graphic and narrative form, a proposed project schedule relative to your ability to meet the schedule as outlined, together with possible revisions you feel necessary. Explain variations in time schedule, if any. Other • You may include a maximum of one page of additional information not included above if you feel it may be useful and applicable to this selection process. • You may include one full example of a completed Park Master Plan that is similar in scope to this project. Quote -Fees • Under separate, sealed cover, provide a quote for each project area on the quote sheet included with this packet. Include fees for staff, related billable hours, materials, travel, photography, research (including copying and related materials), and a total "not to exceed" cost. Selection Process Process: The selection process of a design firm will follow these basic steps: 1. Receipt and review of statements of qualifications 2. Narrow selection to three to five firms 3. Interviews with best qualified firms 4. Ranking of the top firms to identify the best qualified firm 5. Recommendation by the Advisory Parks Commission to the City Council to enter into a contract with the selected firm. 6. Negotiation with the top ranked firm for scope of service, fees. Criteria: Criteria to be used by the City in evaluation of proposals will include the following: 1. Professional abilities of the design 2. Relevant project experience of the design firm 3. Qualifications of personnel to be directly involved with this project 4. Working relationship of design firm with previous clients 5. Quality and relevance of example(s) provided in proposal and interview. 6. Responsiveness of proposal to program and timeframe outlined in this request for SOQQ 7. Current and projected workloads that might affect the firm's ability to perform the required work on schedule 8. Specialized qualifications of the design firm 3u Statement of Qualification Evaluation Criteria: Submittal of SOQQ and review of responses by City staff and the City Council is meant to determine which firms may be interested and qualified to perform such services. The review does not obligate the City toward award of any contract or retention of services. SOQQ ETHICS Proposing firms and their representatives are prohibited from contacting any elected or appointed ofhcial for purposes of lobbying to secure a potential contract. No elected official or employee of the City who exercises any responsibilities in the review, approval or implementation of the SOQQ or potential subsequent contract shall participate in any decision, which affects his or her direct or indirect financial interest. It is a breach of ethical standards for any person to offer, give, or agree to give any City employee or Council person, or for any City employee or Council person to solicit, demand, accept, or agree to accept from another person or firm a gratuity or an offer of employment whenever a reasonable prudent person would conclude that such consideration was motivated by an individual, group or corporate desire to obtain special, preferential, or move favorable treatment than is normally accorded to the general public. The firm shall not assign any interest in this contract and shall not transfer any interest in the same without the prior written consent of the City. To remove any potential or actual conflict of interest, a Regular or Specialty consultant representing any private party client submitting a project or activity to the City shall not represent or review the project or activity on behalf of the City. The firm shall not accept any private client or project which, by nature, places it in ethical conflict during its representation of the City of Eagan. The City requires affirmative action and, therefore, the firm selected shall not discriminate under the contract against any person in accordance with federal, state and local regulations. ACCEPTANCE/ REJECTION OF PROPOSALS Proposals may not be withdrawn for 60 days after the receipt of proposals without the consent of the City of Eagan. The City of Eagan reserves the right to accept any proposal, to reject any or all proposals, to waive irregularities and information in the proposal procedure, and to act in its best interest. An SOQQ does not commit the City to award contract or share in any expenses of 35 preparing these proposals, including travel expenses related to the proposal process. AFFIRMATIVE ACTION The City of Eagan, Minnesota, has adopted a policy that it will not discriminate in employment practices on the basis of race, color, creed, religion, sexual orientation, national origin, sex, age, marital status, public assistance status, veteran status, handicap or disability; that it has agreed to take affirmative action to recruit minorities, women and handicapped persons into its employment; and that it will transact business only with firms who have adopted similar non- discriminatory and affirmative action policies. DISPOSITION OF RESPONSES All materials submitted in response to this SOQQ will become property of the City and will become public record after the evaluation process is completed and an award decision made. If the Responder submits information that it believes to be trade secret materials as defined by the Minnesota Government Data Practices Act, Minn. Stat. § 13.37, the Responder must: • Clearly mark all trade secret materials in its response at the time the response is submitted, • Include a statement with its response justifying the trade secret designation for each item, and • Defend any action seeking release of the materials it believes to be trade secret, and indemnify and hold harmless the City, its agents and employees, from any judgments or damages awarded against the City in favor of the party requesting the materials, and any and all costs connected with that defense. This indemnification survives the City's award of a contract. In submitting a response to this RFQQ, the Responder agrees that this indemnification survives as long as the trade secret materials are in possession of the City. The City is required to keep all the basic documents related to its contracts, including the submitted SOQQ for a minimum of seven years. The City will not consider the prices submitted by the Responder to be proprietary or trade secret materials. Contents of SOQQ responses are private data until City Council takes action. 3~ CITY OF EAGAN INFORMATION City Organization The City of Eagan was incorporated in 1974 as a statutory Plan A City. It has a Council-Administrator form of government. The City provides a full array of municipal services and general administrative functions. City Council The Eagan City Council is the final review and approval authority regarding all contracts, payments, plans, improvements, policies, procedures and other business of the City. The City Council, composed of four members and the Mayor, is the legislative and policy making body of the City. The Mayor, who presides over the City Council meetings, and all Council members are elected at large for four-year terms. City Administrator The City Administrator reviews and coordinates all matters coming before the City Council. He is responsible for the implementation of Council direction and coordination and management of City departments on a daily basis. Advisory Parks & Recreation Commission (APrC) The Eagan Advisory Parks Commission is an eleven member citizen's commission appointed by the City Council. The commission reviews all residential development proposals for park dedication requirements, reviews recreational programs and activities and determines long-range planning objectives for park acquisition and development. Ci Staff The City Administrator implements Council directions through the Department Heads of six (6) City departments. For purposes of this proposal, the primary department shall be Parks & Recreation. Parks and Recreation Department This department consists of forty (40) full-time employees and three hundred (300) seasonal and part-time staff. This department oversees public recreational programs and events, 54 parks totaling 1365 acres, the Eagan Civic Arena, Cascade Bay Aquatic Facility, and the Eagan Community Center. ~7 Agenda Memo Apri14, 2006 City Council Meeting K. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH OUTDOOR ENVIRONMENTS INC AND GOLFGREENS OF MINNESOTA TO DESIGN PLANS AND SPECIFICATION FOR A MINIATURE GOLF COURSE WITHIN CASCADE BAY AND AUTHORIZE STAFF' TO OBTAIN COMPETITIVE BIDS FOR CONSTRUCTION OF PROJECT. ACTION TO BE CONSIDERED: Approve the professional services agreement with Outdoor Environments Inc and GolfGreens of Minnesota to develop plans and specifications for a miniature golf course within Cascade Bay and authorize the Mayor to sign the appropriate documents. FACTS: • The City Council first reviewed the conceptual idea and design fora 9-hole miniature golf course within Cascade Bay on January l7, 2006.This is a unique proposal because the course will be constructed with all artificial turf • Based on the initial construction cost estimate and projected revenue the Council directed staff to pursue the proposal with the expectation that this amenity could be incorporated in time for the 2006 Cascade Bay season. • Staff has worked to develop more detailed costs, operational procedures, and details of how this amenity can capture guests to Cascade Bay during their regular season. In addition a plan is in place to allow the operation of the golf course later in the evening after the water park is closed and past the Cascade Bay Labor Day season in order to expand the playability of the course. ATTACHMENTS: • Professional Services Agreement and Plans and Specifications will be sent out Monday Agenda Memo Apri14, 2006 City Council Meeting L. APPROVE CONCESSIONS FOOD AND SUPPLIES CONTRACT FOR PARKS AND RECREATION CONCESSIONS OPERATIONS. ACTION TO BE CONSIDERED: Approve the selection of Vistar as the primary concessions food and supplies provider for concessions operations at Cascade Bay, Civic Arena, Eagan Community Center and Northview/Lexington-Diffley athletic facilities from May 2006 through April 2007 and direct staff to prepare the appropriate contract for the Mayor's signature. FACTS: ^ In an effort to maximize revenue potential and consolidate the overall concessions operation staff has been working on an extensive analysis of product mix and pricing at all concession venues. ^ That analysis led to the Council recommendation that an RFP be developed to solicit bids from vendors to provide these services. ^ Approximately 14 RFPs were distributed with a response deadline of March 24. ^ Staff reviewed the five submissions and compared each proposal to the established criteria. ^ After extensive examination it appears to be in the best interest of the consolidated concessions operation to enter into an annual contract with Vistar. ATTACHMENTS: • Analysis of bids attached on pages ~~~ ' c O U ~ -p N O j ~ (A d U ~ L C O '~ ~, 'C7 C ~ N ~ N _ ~ C ~ > p p N C L ~ N d Q ~ ~ ~ ~ L Y p c ~ ~ c N co ~ 7 ~ ~ C N ~ ~ ~ d .+ ~ ~. O ~ ~ O O ~G '~ '> z U ~ ~ O _O ~.. Q N 'a Q ~ ~ ~ O O ~ .~ O ~ ~ ~. 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O O ~ W ~ ~ N f00 f0 S th ~ N COD fOD 1~ ~ Q S ~ O W N S ~O ~r'i m °D ~ M °a n O °D m g a t ~ `~ ~ Q ~ w of M m 3 ~ rODi ~, d N ~ o ~ m u, p H p ~ m a e p ~ti ' II n c n c vi M ~ y a c O O O O ~ O O m p m ~ O O ~ O) ~ O S _ N O O ~ ~ N Of ~ O D7 N J w J O ~ !O S ~ ~ O S ~/+ J ~ O ~ O ~t~ppp l7 M O t7 O M O r Q M NO n M fA ~ OOp M ~ Of N M M (O O di S f0 O N O ~ f9 O O N 1A O N ~~pp IA M fh rM r t+01 N yOy !9 (OD t07 f7 lfl U ~ C C O ~~pp C N N m O O i j CD 1p~ N rn $ O O N V O O 1A O O W O O (9 O O 1A S O f9 O O O O !A f9 O fA O f9 (O Ml O O ~ O O ~ _ O (D O ~ (O~pp CO O O O Q O t~ ~ pp t0 (Op O [Op 4'1 ~ ~ 0 O N O OOi A M ~ aD ~ ~ N ~ r ~ ~ (`I ~ ~ ~ Nl ~ Of ~ ~ f7 ~ ~ ' ' , ~ 3 2 i 2 i ~ ~ m v c 0 0 0 o ~~g S Q o ` ~ s s 8 g m o 0 m ~ o ~ 0 0 ~ € «~ g o ~ O> N rW Of N f9 O~ ~ p M V 00 m h Q _L U ~ v S ri m ~ M ~ '3 N O Oo b ~ ~ pp u 1 N = M O O O ~ O S U ~ O t+f ~ p LL U O C p c c ~ O C m ~ ~ O ~ ~ S S N S M Q N m N d H ~ N X o a° ~j N r N ~p O O tD N ~ O M O1 ~M CO,~ f0 Q NM QV (") Q QM S Q f~ ~ ' O M tp~l fA O N Q ~ S 1~ N H ~ p Of gj ~ ~ O (O c7 fA o O (D t7 W O t'7 Q ~ O aD Cf t9 O N c0 ~ C ik C N O O O O O O O N O O Ol O !n O N O O 0 0 w 0 0 en 0 0 of 0 0 en o 0 ~» g ~ m 0 e» o 0 vi n 0 m 0 o 0 ei o 0 w g 0 en o 0 vi 0 0 us ~ N N m N_ ~ C d m N N O M N O Q 4'f N O N N ~ C N O N M a8 NO O C v m C8 ~ ~ .m a o N m ~ F m m ~ E N ~ N m m -~ N N ~m W ' m L ~ m F- L v o m m U m ~ m E °' y v ,m r N m j o O ~ O ~ ~[ r 9 a m m d E ~ cp (J _ ~ `° m x N u, 3 o O a1O K m C) m li C7 = Z z a a m d d M N V1 ~ N ~ m Consent Agenda April 4, 2006 City Council Meeting M. APPROVE CHANGES TO THE 2006 FEES AND CHARGES PERTAINING TO PARKS & RECREATION. ACTION TO BE CONSIDERED: To approve the following policy change to Parks & Recreation Fees and Charges Policy: 1. To allow the charge of a $175 mobile play wagon rental fee for residents who wish to rent the self contained mobile entertainment center for a party or special event. 2. The allow the charge of a $200 mobile play wagon rental fee for non-residents who wish to rent the self contained mobile entertainment center for a party or special event. FACTS: • A mobile play wagon is used as a puppet wagon at different parks and special events throughout the summer. Puppet shows take place on weekday mornings throughout June, July and August. • A fee based rental program would be available to residents and non residents for evening neighborhood parties, birthday parties or special events. • Parks and Recreation Staff will transport the mobile wagon to a park, residence or place of business upon paid reservation. • Staff would perform a "customized" puppet show, work on a craft project and provide creative movement, dancing and music opportunities for the participants, for one hour and up to 25 children ages 7 and under. ISSUES: • None ATTACHMENTS: • None Agenda Information Memo April 4, 2006 Eagan City Council Meeting N. CONTRACT 06-02, DENMARK AVENUE/ SADDLEHORN/ SUNSET/ TOWN CENTRE DRIVE/ MEADOWVIEW/ ALEXANDER ROAD STREET & SIDEWALK IMPROVEMENTS ACTION TO BE CONSIDERED: Award Contract 06-02 (Denmark Avenue/ Saddlehorn/ Sunset/ Town Centre Drive/ Meadowview/ Alexander Road - Street Improvements) to McNamara Contracting, Inc., for the base bid in the amount of $1,158,294.68 (total base bid with the deletion of Part VI - Proj. 928 Meadowview/ Alexander Concrete Entrance Aprons) and three alternate bids in the amount of $20,618.45, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The bituminous overlay of the streets in the Saddlehorn/ Sunset/ Town Centre Drive/ Golfview Drive neighborhoods is programmed for 2006 in the City's 5-Year Capital Improvement Program (2006-2010). • The sidewalk and traffic calming improvement of Denmark Avenue, Wescott Road to Duckwood Drive, is programmed for 2006 in the City's 5-Year Capital Improvement Program (2006-2010). • The bituminous overlay of Alexander Road and the upgrade of Meadowview Road are also programmed for 2006 in the City's 5-Year Capital Improvement Program (2006-2010). • On October 18, 2005, the City Council authorized the sidewalk and traffic calming street improvements for Denmark Avenue, from Wescott Road to Duckwood Drive (Project 876). • On December 5, 2005, the City Council authorized the street improvements for the Saddlehorn/ Sunset neighborhood (Project 926). • On January 17, 2006, the City Council authorized the street improvements for the Town Centre Drive (Denmark Ave. to Lexington Ave.) and Golfview Drive area (Project 933). • On February 21, 2006, the City Council authorized the bituminous overlay improvements for Alexander Road, and the street upgrade improvements for Meadowview Road (Project 928). • These projects have been combined under one contract (Contract 06-02), to increase economies of scale. • On February 21, 2006, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 06-02. • At 10:30 a.m. on March 30, formal bids were received for this project. • Three alternate bids were also received for miscellaneous street repair work to improve drainage and access on Dodd Road, and to improve rideability on Lexington Avenue at its railroad crossing. Costs for this work would be the responsibility of the City Major Street Fund and through acost-sharing agreement with Dakota County for the Lexington Avenue work. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The low base bid, and three alternate bids, from McNamara Contracting, Inc. have been reviewed by the Engineering Division. • The low bid from McNamara is favorable with one exception. Unit prices received for the construction of new concrete entrance aprons on Meadowview Road/ Alexander Road (City Project No. 928) are approximately 60% more than the estimated unit prices identified in the feasibility report for the project public hearing, and with other contractor bids received. u~ In accordance with the City Special Assessment Policy, the 100% of the costs of these new concrete entrance aprons are assessable. City staff will negotiate a change order with McNamara Contracting to reduce the contract unit prices for the concrete entrance apron work to costs consistent with the amounts estimated in the feasibility report. If a satisfactory change order cannot be negotiated, the concrete entrance apron portion of work, separate public bids for the work will be solicited. The low base bid, and three alternate bids, from McNamara Contracting, Inc., has been found to be in order for favorable Council action, with the deletion of Section VI -Project 928 - Meadowview/Alexander Concrete Entrance Aprons from the contract award. ATTACHMENTS: Bid Summary, page. BID SUMMARY Denmark Avenue/ Saddlehorn/ Sunset/ Town Centre Drive/ Meadowview/ Alexander Roads Street & Sidewalk Improvements City Project No's. 786/ 926/.933/ 928 -City Contract No. 06-02 Bid Date: Thursday, March 30, 2006 Bid Time: 10:30 a.m. Contractors Total Base Bid* Alt. #1 Alt. #2 Alt. #3 1.) McNamara Contracting, Inc $ 1,263,146.06 $9,218 $4,022 $7,378 2.) Bituminous Roadways, Inc. $ 1,283,284.05 $6,700 $2,682 $6,605 3.) Northwest Asphalt, Inc. $ 1,336,019.85 $8,175 $3,760 $8,155 4.1 Ace Blacktop, Inc $ 1,396,955.13 $7,653 $2,876 $4,909 Proiect 786 -Denmark Avenue Sidewalk & Traffic Calming Improvements -Base Bid Low Base Bid $ 215,264 Feasibility Report Estimate $ 299,700 Percent Under ~) Estimate - 28.1% Engineer's Estimate $ 259,040 Percent Under (-) Estimate - 16.9% Proiect 926 -Saddlehorn/ Sunset Street Overlay -Base Bid Low Base Bid $ 412,955 Feasibility Report Estimate $ 469,790 Percent Under (;~ Estimate -12.1% Engineer's Estimate $ 455,180 Percent Under (-) Estimate -9.3% Proiect 928 - Meadowview Uu~rade/ Alexander Road Overlay -Base Bid* Low Base Bid $ 386,536 Feasibility Report Estimate $ 279,820 Percent Over (+) Estimate + 38.1% Engineer's Estimate $ 297,000 Percent Over (+) Estimate + 30.1% *Includes bid proposals/ estimates for concrete entrance apron work on Meadowview/ Alexander (Proj. 928) not awarded and to be revised via change order or separate contract Proiect 933 -Town Centre/ Golfview/ O'Leary Overlay Base Bid Low Base Bid $ 229,265 Feasibility Report Estimate $ 231,270 Percent Under (-) Estimate - 0.1 Engineer's Estimate $ 224,700 Percent Over (+) Estimate + 2.0% Alternate Bid 1 -Dodd Rd./McFadeens Trail - Valley Gutter Alternate Bid $9,812 Engineer's Estimate $8,500 Percent Over Estimate 15.4% Alternate Bid 2 -Dodd Rd. -Dakota Electric Substation Driveway Alternate Bid $4,022 Engineer's Estimate $3,500 Percent Over Estimate 15.2% Alternate Bid 3 - Lexin on Ave. ~a, Raikoad Tracks Alternate Bid $7,378 Engineer's Estimate $6,600 Percent Over Estimate 10.5% Agenda Information Memo Apri14, 2006 Eagan City Council Meeting O, CONTRACT 06-03. MEADOWLAND/ SUNCLIFF/ SILVER BELL ROAD/ ART RAHN/ HILLANDALE/ WHISPERING WOODS/ SLATER ROAD STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Award Contract 06-03 (Meadowland/ Suncliff/ Silver Bell Road/ Art Rahn/ Hillandale/ Whispering Woods/ Slater Road -Street Improvements), to McNamara Contracting, Inc., for the base bid in the amount of $659,591.30, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The bituminous overlay of the streets in the Meadowland/ Suncliff/ Silver Bell Road/ Art Rahn/ Hillandale/ Whispering Woods/ Slater Road neighborhoods is programmed for 2006 in the City's 5-Year Capital Improvement Program (2006-2010). • On December 5, 2005, the City Council authorized the street improvements for the Meadowland 1S`/ Suncliff 15T-5`h/ Beaver Dam Road neighborhood (Project 927). • On December 20, 2005, the City Council authorized the street improvements for the Art Rahn/ Hillandale neighborhood (Project 931) and the Slater Road/ Whispering Woods neighborhood (Project 932). • On February 21, 2006, the City Council authorized the street improvements for Silver Bell Road, from Nicols Road to Kennebec Drive (Project 932). • ,These projects have been combined under one contract (Contract 06-03), to increase economies of scale. • Also on February 21, 2006, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 06-03. • At 10:30 a.m. on March 23, formal bids were received for this project. A copy of the bid summary is enclosed. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The low base bid from McNamara Contracting, Inc. has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Bid Summary, page. BID SUMMARY Meadowland/ SunclifU Silver Bell Road/ Art Rahn/ Hillandale/Whispering Woods/ Slater Road Street Overlay Improvements City Project No's. 927/ 930/ 931/ 932 -City Contract No. 06-03 Bid Date: Thursday, March 23, 2006 Bid Time: 10:30 a.m. Contractors Total Base Bid 1.) McNamara Contracting, Inc $ 659,591 2.) Bituminous Roadways, Inc. $ 689,713 3.) Northwest Asphalt, Inc. $ 699,134 4. Valley Paving, Inc $ 728,709 5.) Ace Blacktop, Inc. $ 778,642 6.) Hardrives, Inc $ 804,250 Proiect 927 -Meadowland/ Suncliff/ Beaver Dam Road -Base Bid Low Base Bid $ 303,833 Feasibility Report Estimate $367,260 Percent Under (-) Estimate - 17.3% Engineer's Estimate $342,960 Percent Under (-) Estimate - 11.4% Proiect 930 -Silver Bell Road ( Nicols to Kennebec) -Base Bid Low Base Bid $ 72,962 Feasibility Report Estimate $ 83,430 Percent Under (, Estimate -12.5% Engineer's Estimate $ 77,800 Percent Under (-) Estimate -6.2% Proiect 931- Art Rahn/Hillandale Additions -Base Bid Low Base Bid $ 86,117 Feasibility Report Estimate $95,290 Percent Under (-) Estimate - 9.6% Engineer's Estimate $ 92,140 Percent Under (,) Estimate - 6.5% Proiect 932 - Whispering Woods/ Slater Roadl Slater Acres Base Bid Low Base Bid $ 196,680 Feasibility Report Estimate $ 241,680 Percent Under (, Estimate - 18.6% Engineer's Estimate $ 245,600 Percent Under (~ Estimate - 19.9% 51 Agenda Information Memo April 4, 2006, Eagan City Council Meeting P. FINAL PLANNED DEVELOPMENT -LOT 1, BLOCK 1, GRAND OAK FIVE ACTIONS TO BE CONSIDERED: To approve a Final Planned Development of 5.4 acres to build a 3-story, Class A office building on Lot 1, Block 1, Grand Oak Five in the NE'/4 of Section 02. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: - The Grand Oak Five Preliminary Planned Development, approved on Apri15`h, 2005 provided for a future 100,000 square foot Office building on Lot 1, Block 1. - Interstate Partners is now developing a 3-story, Class A office building on this lot. The proposed development is consistent with the Planned Development Agreement governing this property. - The Final Planned Development Agreement is signed and in order for approval bX the City Council. ATTACHMENTS (2) Location map on page w Overall Site Plan on page 52 Location Map ~~ i ~ II ~1 Eagan Boundary Right-of-wz Parcel Area O Park Area Building Footprint V V I a - - `~ .~~.~..v A~ e C RD e oQ~ ,~ ...~.. °~ < Subject Site ~,,,. i ~-~ ~I!~ ~';F Development/Developer. Interstate Partners ~JJ N Map Prepared using ERSI ArcVlew it. Parcel Dace map data provided Dy Dakota County ORrce of Gts and Is current as of April 20D5. W. E City of E~~aIl THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S GemmunKy Development Department not responsible for errors or omissions. N s ...: ~e ~~~ a ~~ ~ ... • ~ • VYb• Anw = ~ „~E c:s ~~ ,~ s o / S ~. °8 ~ ~~ ~ p2 ~ .... .. ~ ~IS yG ^ r ~ s o %s~ ~ / s aM iiie Y~ ~ ~ / `n' O e Mt ~i~~~ OOr F ~ M e r . . 9 ` ~ Y ~~ o~ a ~Ro ~4 \O'iD C e o ~' z $ > i s ~ ~ ~ ~If I. _ ~ :s a ~~ ~ ~ ~~ roS~ vz 0 ~~ a ~,~, o~,Faf-g 'IIND OAK tf t0,0~OB SF ~~ E 1{.l .~~ 1 JI~'~J' '~' J,ry~I 111111 U S 1 1 I I I 1 U a ~, a ~. ~~ °ono wma T ~ +3~ =, ~=~- ~' ~. O ^x f.. r ~~ , iiiiiiiiiiiiin ~~n ii ~ii ii n ~ [U srATE mvr Ho t~ r.:. _. ~, , F ~ ~~ ~O~ ~ f~ ~ ~~ s a'"y~ Ida a w t ~ ff ~~~~ ~~ ~Cr~~ e E f. a Agenda Information Memo April 4, 2006, Eagan City Council Meeting Q. FINAL PLANNED DEVELOPMENT -LOT 2, BLOCK 1, SLUMBERLAND ADDITION ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Final Planned Development to construct a 20,600 sq. ft. retail building located at 1247 Northwood Parkway in the SE '/4 of Section 10. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: - The Preliminary Planned Development, established in 1999 by Slumberland, provided for a future retail use. - Goodwill is now developing a 20,600 square foot retail building on this lot. The proposed development is consistent with the prior Planned Development Agreement governing this property. - The Final Planned Development Agreement is anticipated to be signed and in order for execution at the regular meeting of the City Council ATTACHMENTS (1) Location map on page ~. S5 j Eagan Boundary ~o ~~~~ ~ ~ ~ ~ ~ ' ~ i Street Centerline i! '. O Parcel Area ~ "`~~ Building Footprint C .... + p L° Y '~ Y PH ~ ? __~ ~ I _ - a r° : r r I -- 0 _ _ f ..v v ~t7 ° y ep- ~~:. ~ -z_ : e ... .... r _? :.E ~~~ ~ -.. .~.3 I ~ / 0 n~ r°. 4 1~l~ -L°1INTY-e0 re 4 - r - ~\ ~, ' - =~ v, ~ ~ . _.. ~ ~ ~ ~ t z ` ` a _ c~ ~rrN' s ° ~ o ~J~ ~ _ ~ s ~;~~ ~ `r. -Sa ~~ u ~ ~- - i t~;~ ~~ k - [~ '.~ ~~"~~ 6c~ r _ y 1000 D 1000 2000 Feet Development/Developer: Goodwill Application: Final PD Case No.: 10-FD-02-03-06 Map Prepared using ERSI Arcvew 3.1. Parcel base map dau provitled N g 9 by Dakota County Offiee of GIS and is eurreM as of January 2005. Clty Of Ea~Ia~ 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 Gommunlty Devdopmant Department not responsible for errors or omissions. Agenda Information Memo Apri14, 2006 Eagan City Council Meeting R APPROVE CORRESPONDENCE TO SUPPORT STATE FUNDING IN 2006 FOR THE EXPANSION OF THE NORTHWEST AREA OF INVER GROVE HEIGHTS ACTIONS TO BE CONSIDERED: To approve correspondence to support State funding in 2006 for the expansion of the northwest area of Inver Grove Heights. FACTS: - The City of Inver Grove Heights is seeking State funding for the upgrade of the intersection of Highway 55 and County Road 28 (Yankee Doodle Road), which would provide significant benefit to the City of Eagan, as the intersection is a main transportation entrance into our community supporting commerce and commuters. - The City of Eagan has been a long time supporter of the need for a grade separated interchange at the intersection of TH 55 and Yankee Doodle Road. Eagan has supported, partnered and participated in several previous applications for federal funding for this important project. - The extension and upgrade of Yankee Doodle Road from Eagan into Inver Grove Heights remains a critical component of the City's long range comprehensive transportation plan. - During the Council's goals discussion on March 28, 2006, the Council voiced their support for the intersection improvements, and per the direction of the Council, correspondence is being proposed tonight to be sent to Mr. Chuck Hall, who is the consultant assisting the City of Inver Grove Heights on the expansion of the northwest quadrant of their community. ATTACHMENTS: - Enclosed on page~is proposed correspondence to Mr. Chuck Hall stating the City of Eagan's support for State funding for the upgrade of the intersection of TH55 and County Road 28 (Yankee Doodle Road). ~1 Pat Geagan MAYOR Apri15, 2006 Peggy Carlson Mr. Chuck Hall Cyndee Fields 3862 Bridgewater Drive Mike Maguire Eagan, MN 55123 Meg Tilley Dear Mr. Hall: COUNCIL MEMBERS In official action taken at the Apri14, 2006 Eagan City Council meeting, the Council Thomas Hedges directed that a letter be sent to you stating the City of Eagan's support for State funding CITY AoMINISTRATOR for the much needed upgrade of the intersection of TH55 and County Road 28 (Yankee Doodle Road). Although this intersection is located in Inver Grove Heights, it is a main transportation entrance into our community supporting commerce and commuters. As you know, the City of Eagan has been a long time supporter of the need for a grade separated interchange at the intersection of TH 55 and Yankee Doodle Road. Eagan has MUNICIPAL CENTER supported, partnered and participated in several previous applications for federal funding 3830 Pilot Knob Road for this important project. Eagan, MN 55122-1810 Furthermore, the extension and upgrade of Yankee Doodle Road from Eagan into Inver 651.675.5000 phone Grove Heights remains a critical component of the City's long range comprehensive ssi.s7s.5o12 tax transportation plan. Eagan recognizes that, not only is there a need for swell-defined 651.454.8535 TDD east-west arterial roadway along the Yankee Doodle Road alignment, but also a strong need for a major north-south arterial from TH 55 to I-494. The logical location of the intersection of these two future major corridors is at the much needed interchange of TH MAINTENANCE FACILITY 55 & Yankee Doodle Road. 3501 Coachman Point Eagan, MN 55122 Eagan, Inver Grove Heights, Dakota County, and MnDOT have a long history of 651.675.5300 phone cooperative ventures for corridor studies incorporating these major alignments and 651.675.5360 fax potential interchanges, and thus the City of Eagan strongly supports State fmancial 651.454.8535 TDD assistance towards this transportation improvement in northwest Inver Grove Heights. Please feel free to contact the Eagan City Administrator's Office at (651)675-5001 if the City of Eagan can be of any further support as you seek State funding assistance. www.cityofeagan.com Sincerely, THE LONE OAK TREE Pat Geagan The symbol of Mayor strength and growth in our community. 5~ Agenda Information Memo Apri14, 2006 Eagan City Council Meeting S. CONTRACT 03-09, COACHMAN WATER TREATMENT PLANT ACTION TO BE CONSIDERED: Approve the release of remaining retainage for Contract 03-09 (Coachman Water Treatment Plant) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 03-09 provided for the expansion and renovation of the existing north Water Treatment Plant located on Coachman Rd. This contract was awarded in July of 2003 and the construction has been satisfactorily completed. • Under the terms of the original contract, the City has withheld 5% of each payment and placed it in escrow to insure satisfactory completion of the contract. On Nov. 1, 2005, the City Council released all but 1 % to cover remaining punch list items. • Now that the construction has been completed and final payment processed, it is appropriate that the remaining Retainage be released. sq Agenda Information Memo Apri14, 2006 Eagan City Council Meeting T. Approve a Lease Agreement Between the City of Eagan and St. Croix Harley Davidson ACTION TO BE CONSIDERED: The action is to approve a lease agreement between the City of Eagan and St. Croix Harley Davidson. The approval of this lease will enable the police department to lease two 2006 motorcycles for one year. The dealership will lease both motorcycles to the city at a cost of $2. FACTS: • Since 2003 the Eagan Police Department has used motorcycles for traffic enforcement and other outreach programs to promote traffic safety throughout Eagan. • The prior lease agreement was reviewed by the Eagan City Attorney and suggested changes to the document were made at that time. There were no substantive changes to the 2006 document. • The motorcycles previously leased were returned to the dealership. By approving this new lease agreement, the police department will be able to use 2006 models. • The original start-up fees for the Traffic Enforcement Unit were paid by the Eagan Citizen's Crime Prevention Association in 2003. ATTACHMENTS Attached as pages ~ through ~ is a copy of the lease agreement. 2006 HARLEY-DAVIDSON FLHTPI LEASE THIS AGREEMENT is made and entered into this 29~' day of March, 2006 by and between St. Croix Harley-Davidson, Inc., a Wisconsin corporation (hereinafter the "Lessor") and the City of Eagan, a Minnesota municipal corporation (hereinafter the "Lessee"), for the purpose of lending to the Lessee Harley-Davidson Motorcycles. RECITALS WHEREAS, this Agreement is entered into by the City under the authority of Minn. Stat. §§412.211 and 412.221. WHEREAS, the City is desirous of leasing motorcycles for its police department use in patrol and law enforcement duties and the Lessor or desirous of leasing certain motorcycles to the City for a reasonable cost. WHEREAS, it is in the best interest of the City and its residents for it to lease the motorcycles from the Lessor under the terms and conditions of this Agreement. NOW, THEREFORE, based on the foregoing, the Parties hereto agree as follows: 1. Equipment. 2006 Harley-Davidson Police Motorcycles with the complete description provided on the attached specification sheet. The model will be an FLTPI with windshield (hereinafter the "Motorcycles"). 2. Agreement Terms. This Agreement shall be effective as of the date of execution for a period of twelve (12) months. Motorcycles leased under this Agreement are to be used for police and related activities only. No more than one person shall be on a Motorcycle leased under this Agreement and the person operating the Motorcycle shall be authorized by law and City police policy to operate the motorcycle. 3. Payment Period. Lessee shall pay one yearly lease payment of One Dollar ($1.00) per Motorcycle. Payment does not include the cost of optional or additional equipment not otherwise included in the specifications of the Motorcycles leased hereunder as set forth in Paragraph 1 above, full maintenance or insurance costs. 4. Insurance. At its own expense, the Lessee shall carry casualty insurance and public liability and property damage insurance sufficient to protect the full value of the Motorcycles, and to protect the Lessor from liability in all events. The Lessee shall carry workman's compensation insurance covering all of its employees working on or about the Motorcycles. Upon request, Lessee shall furnish to Lessor certificates or other satisfactory evidence of all insurance coverage described above as required terms and conditions of this Agreement. poi 5. Hold Harmless Indemnification Between Parties. The Lessee hereby agrees to protect, defend, indemnify and hold harmless the Lessors up to the limits of the municipal immunity as provided by state statute from and against any and all losses, penalties, damages, settlements, costs, charges or other expenses or liabilities arising out of the negligence of the Lessee or its employees in the use or operation of the Motorcycles leased hereunder, but not for any loss, claim, damage, action or the like arising out of the negligence acts of the Lessor. Nothing in this Agreement shall be construed to waive any rights, privileges, immunities, or tort damage limitations available to the City under federal or state law, in the event any person or party brings claim against the City as a result of the use or operation of a Motorcycle leased under this Agreement. 6. Liens. The Lessee shall not directly or indirectly create, incur, assume or suffer to exist any mortgage, pledge, lien, charge, encumbrance or claims on or with respect to the Motorcycles, except with respective rights of the Lessor as herein provided. Lessee shall promptly, at is own expense, take such action as charge, encumbrance or claim not expected above if the same shall arise at any time due to Lessee's action or inaction. 7. Terms and Fees. The Lessee shall pay all appropriate taxes or fees, or similar charges imposed by virtue of the Lessee's ownership, possession or use of the Motorcycles during the term of this Agreement. 8. Care and Use of Equipment. The Lessor agrees to maintain the Motorcycles pursuant to the manufacturer's standard and preventive maintenance procedures and recommendations. All repairs and maintenance shall be made at St. Croix Harley-Davidson, Inc., 2060 Highway 65, New Richmond, Wisconsin 54017. The Lessee, at its own cost and expense, shall ensure delivery of the Motorcycles to the above address at regular maintenance intervals set up by Lessor in accordance with the service schedule as provided in the owners manual. The Lessee shall protect the Motorcycles from deterioration other than normal wear and tear. The Lessee shall use the Motorcycles for police related activities only, without abuse, and shall not make modifications, alterations or additions to the Motorcycles (other than normal operating accessories or controls) without the written consent of the Lessor, which shall not be unreasonably withheld. The Lessor shall have the right, after notifying Lessee, and during regular business hours to enter upon the premises where the Motorcycles are located in order to inspect, observe or otherwise protect the Lessor's interest, and the Lessee shall afford them the reasonable opportunity to do so. 9. Damage or Deterioration of Motorc~ Iles. In the event the Motorcycles are partially damaged or destroyed due to the negligent action of the Lessee or its employees prior to the end of the term of this Agreement, the Lessee will promptly have the Motorcycles repaired and restored to their original condition and working order at their expense. In the case of theft or total loss of any of the Motorcycles, the replacement value of each Motorcycle shall be Sixteen Thousand Three Hundred and Eighty Five and No/l00 Dollars ($16,385.00). 10. Rider Responsibilityand Privileges. The Lessee shall be responsible for keeping the Motorcycle(s) clean and for reporting any repairs needed to the Lessor. The Lessee may allow riders to use the Motorcycles to travel to and from work, provided that the Motorcycles are fully insured by the Lessee and that the distance to and from work is no more than thirty (30) miles each way. 11. Events of Default and Remedies. Lessee shall be deemed to be in default of this Agreement upon the happening of any of the following events of default: (A) Lessee fails to make payment of the lease or other payments required hereunder; or (B} Lessee fails to comply with any other term, covenant, or condition contained herein. Upon the occurrence of any event of default as specified above, should Lessee fail to remedy such event or default with all reasonable dispatch within a period of thirty (30) days, Lessor shall have the right, after written notice to the Lessee, to pursue any of the following remedies: (1) Repossession of the Motorcycles, including the right to sell or lease the Motorcycle for the account of the Lessee, and hold Lessee liable for all payments up to the effective date of such sale or lease. Lessor may hold Lessee liable for the difference of payments which would be due under the Agreement and the amount received by the Lessor for the sale or lease of the Motorcycles upon default. (2) Any action at law or in equity may appear necessary to collect the payments then due and thereafter to become due, or to enforce performance and observance of any obligation, agreement or covenant of Lessee under this Agreement. Lessor shall be deemed to be in default under this Agreement upon failure to comply with term, covenant or condition herein. LESSEE: CITY OF EAGAN, a Minnesota municipal corporation By: Patrick J. Geagan Date Its: Mayor By: Mira Pepper Date Its: Deputy City Clerk LESSOR: ST. CROIX HARLEY-DAVIDSON, INC., a Wisconsin corporation By: Date Its: ,~ Leased Equipment 1) 2006 Harley Davidson Model #FLHTPI Motorcycle (VIN # 1 HD 1 FMW 136I'674162) 2) 2006 Harley Davidson Model #FLHTPI Motorcycle (VIN # 1HD1FMW176Y674505) Agenda Information Memo Apri14, 2006 Eagan City Council Meeting PUBLIC HEARINGS A. OAKVIEW CENTER ADDITION (LOTS 1 & 2, BLOCK 1) EASEMENT VACATION ACTION TO BE CONSIDERED: Close the public hearing for the vacation of a public drainage and utility easement within Lots 1 and 2, Block 1 Oakview Center Addition. (NOTE: Action to approve or deny the vacation will be considered concurrently with the final plat and planned development amendment for Oakview Center 2nd scheduled later on this agenda.) FACTS: • On February 15, 2005, City staff received a petition and letter from Susan Fussell of Loucks McClagan, representing the owners of Lots 1 & 2, Block 1 Oakview Center, requesting the vacation of the existing drainage and utility easement on the common lot line between the two properties, southeast of the intersection of Lone Oak Road and Highway 55. • 10' wide easements were dedicated over the common lot line as part of the Oakview Center Addition plat as the typical side lot easements for drainage and utility purposes. • The purpose of the request is to allow the property owner, Eagan Hospitality Group, to construct a hotel on the two parcels. The configuration of the proposed hotel is over the common lot line of the two parcels. • The property owner will replat the two parcels as one parcel for the proposed development of the site. • The Final Plat and Planned Development Amendment of Oakview Center 2nd will be considered by the Council under New Business on tonight's agenda. • The vacation of the existing drainage and utility easements would clean up the proposed plat by avoiding an underlying recorded dedication. • Notices for the public hearing were published in the legal newspaper and sent to all potentially affected and/or interested parties for comment prior to the scheduled public hearing. Notices were sent to all the potentially impacted private utility companies. No objections to the proposed vacation have been received as of the date of this report. • The request has been reviewed by the Engineering Division and found to be in order for favorable Council action concurrent with favorable consideration of the Planned Development Amendment! Final Plat for Oakview Center 2nd Addition. 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FINAL PLAT AND FINAL PLANNED DEVELOPMENT (DIFFLEY MARKETPLACE) -RELIANCE DEVELOPMENT ACTION TO BE CONSIDERED: To Approve a Final Plat (Diffley Marketplace) creating one lot on approximately 10.94 acres located south of Diffley Road and east of Lexington Avenue, legally described as Outlot A, Lexington Pointe 13th Addition and Outlot A, Lexington Pointe 7th Addition, in the NW t/4 of Section 26; AND To Maintain or Delete or Modify condition #28 of the Approved Preliminary Planned Development and Approve (or deny) a Final Planned Development for a retail commercial development (Diffley Marketplace) consisting of a 43,175 sq. ft. grocery store and two 10,000 sq. ft. multi-tenant retail buildings upon 10.94 acres located south of Diffley Road and east of Lexington Avenue, legally described as Outlot A, Lexington Pointe 13th Addition and Outlot A, Lexington Pointe 7th Addition, in the NW'/4 of Section 26, subject to conditions in the Council minutes; OR To direct Findings of Fact for Denial on the revised Preliminary/Final Development Site Plan submitted on March 10, 2006. REQUIRED VOTE FOR APPROVAL: At least three votes. FACTS: - The City Council approved a Preliminary Planned Development on October 6, 2005. Condition #28 of that approval stated: "The driveway connection to Daniel Drive shall be eliminated and the plans resubmitted to Dakota County for review." The proposed site plan modification to eliminate the Daniel Drive access was resubmitted to the County's Plat Commission and subsequently denied. This denial was then appealed to the County Board, and the County Plat Commission's denial was upheld. - Following the suggestions and concerns of the Plat Commission as stated in their denial letter, the development plans were modified to show a 3/a-access at Diffley Road and aone- way "entrance only" access from Daniel Drive. The City then submitted a formal request to the Plat Commission for a required variance to its access spacing guidelines. ~J ' - On March 7, 2006 the Dakota County Plat Commission recommended approval of the variance to the County's Access Spacing Guidelines with the condition that the existing full access from Diffley Rd. be reconstructed to the more limited 3/4-access configuration with a one-way "entrance only" connection to Daniel Dr. They also recommended approval of the Preliminary and Final Plat submittals, which already incorporated these anticipated conditions. - On March 21, the County Physical Development Committee (of the whole) did not accept their Plat commission's recommendation of approval and they further stipulated that ultimate County Board approval would require a full 2-way access to Daniel Dr. - Although the Developer has not yet submitted revised site plans eliminating all access to Daniel Dr. as required by Condition #28, a Final Planned Development Agreement and Site Plan for the first phase development (grocery store and two retail buildings) incorporating a one-way connection to Daniel Dr. has been prepared for City Council consideration. ISSUES: - It is anticipated that the full County Board (meeting on Tuesday morning, Apri14) will be considering their Physical Development Committee's recommendation to require the Diffley Marketplace development incorporate a 2-way access to Daniel Dr. Results of that meeting, and any action affecting potential City Council approval options for this development, will be provided at the Council meeting Tuesday night. - If any access connection to Daniel Dr. (one-way or two-way) is given consideration by the Council, it should incorporate the appropriate amendment to condition #28 of the approved Preliminary Planned Development. - With no access to Daniel Dr. (resulting in no variance to the County's access spacing guidelines), the County will require the current full access median break to be closed limiting access to the development and the west parking lot of Northview Elementary School to a right-in/right-out movement only. Also, without the additional traffic volume at the intersection of Daniel Dr and Diffley Rd., it is doubtful that warrants will ever be met to justify the installation of a traffic signal at that location. Final Plat, page ~. October 6, 2005 City Co ncil Minutes, page through ~. ISD 196 letter, page ~. Developer's attorney letter on page ~. Correspondence received since 3-21-06 will be sent to the City Council under separate cover. ,o IL ~~ ~- ~o= _ ~~ O =1- - .. 5; ~ ', ,Sp rza;ss.., ~:: ; -:. ;.-er.,ss,6n.oos _..:,~.,:..,~:.:., ...---- -_.. -- , . -- , , ~ _ P p0 ~ a / „,Z /.. ~ ~. .,. _ i ~ ~ -. _ _ . _ _ _: ~~-- W ~ i." - - _- ~4- r 1 ~.~ m; ~ ~ ~ _ I i J H ~_ _ - - ~ 509.5'13 I F - 1~ I S ~ e. ~ I 3 - I'I ~ 0! Sp•LOa- . _ ____ ___ _ /' ' 04 B91 _ o_, ` °~ W -._ 1! 16 _ _ 1 _ 3„82,60 001' ° a !~ .8a 69!_x,' 09'99! - ~a- I m' otir, ~ 3 3 s °x ~ I G ?II~ 'W3 '~~ I ~ fiLt ` I 5 E f s -j5 q3 - ~22~ ~~ I _ 12 I_ ~ I C~ 4F _, I ~ i -_-~_ _ _ -~_ _ of ~$~Q, e~~- ~_.y3~_.'. 'P~ ~~ ~~? - _ 1 I ~.~ ~ ~`~1k ar ~E j I gwz ~l~s` ".~ ~~~gI~:C~ e ~s f Egg ~~~I a~ I ~'~'~''~jx I f E F- a n ~~~ se ~ $~~ I ~k iE ~ ~~~1 '~~ i - ~Y, c4.3 I~ ~a~ I I I IC 6 ~ r 1 I~ 1 I ': 4 a E~ x i I I' ) 3 5 r T '~ Ic. €=. ~~ ~ i a3~~ba~ I ,e ~:a I~ ea FE ae a I ! I ~ €s ~~`ag 4~I I ~ ~ a9 ~ ~ 3e3f E~5 i ~, I ju+ L, ~~-~~~ ~~. 13`. ~~ ~ I i ~I ~3x~ It. ~. SF I ~~ g<3 is _a $ r ~j - ~~ a eE a ~ ~ 3 J $" ~ Fs ~ qp ~y~l s aax- ~3' :~ I I` ~~ ~ I C~_ e'~E~;~i±~ a~ riur _ I;5 ~~ I S€~~E i °3 I I' I - _ by .s ~ '=3 E to - ~ :s .~ ~"ea ~>.. ~'=^"---~=~i S. a ccdR Io Eagan City Council Meeting Minutes October 6, 2005 Page 4 Mayor Geagan asked Chief Therkelson if he has researched the public safety impact of different certification requirements. Chief Therkelson stated that although he had not looked into different certification requirements, the current ordinance requirements have been successful in regarding public safety and consumer protection issues. He mentioned that he is comfortable with the language of the ordinance amendment and does not anticipate problems. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an ordinance amendment to Chapter 6, Other Business Regulation and Licensing, regarding Massage Therapy Establishment and Massage Therapy Licenses. Aye: 5 Nay: 0 PRELIMINARY PLANNED DEVELOPMENT AND FINAL PLANNED DEVELOPMENT (OUTLOT A, LEXINGTON POINTE 13TH ADDITION AND OUTLOT A LEXINGTON POINTE 7TH ADDITION) - RELIANCE DEVELOPMENT City Administrator Hedges introduced this item regarding a Preliminary Planned Development and a Final Planned Development for a retail commercial development, consisting of a 43,175 square foot grocery store, and two 10,000 square foot multi-tenant retail buildings south of Diffley Road and east of Lexington Avenue in the NW '/< of Section 36. City Attorney Dougherty explained the legal constraints presented by the property's current zoning in light of the Comprehensive Guide Plan. He also clarified the consequences of approval, denial, or continuance of the item. City Planner Ridley gave a staff report outlining deviations and variances as well as reasons for denial by the APC. Council asked for clarification between the differences between the zoning of Planned Development and Neighborhood Business as it relates to the proposed development. City Planner Ridley provided a comparison of the two options. Council asked for an overview of the process for rezoning to Neighborhood Business. City Attorney Dougherty stated the process and clarified that there would be little legal stance to deny the application to Neighborhood Business rezoning. Mayor Geagan asked for comments from the developer. John Trouts of Reliance Development Company, .a partner in Diffley Ventures, thanked the Council for the previous continuance. He stated that his development would provide an attractive architectural package, an over-standard green space including an outdoor plaza, and fmally a unified development plan providing continuity to the area. He also expressed interest in reducing residential and commercial traffic mix by engaging the developer, the City and Dakota County in constructing a full access entrance with traffic light at the main access point on Diffley. He said that if the main access point on Diffley had a traffic light, there would be no need for an access point off of Daniel Drive. He also pledged to pay for 75% of the traffic light. Mayor Geagan opened for Council discussion. Council asked Staff for their opinion on traffic options and the willingness of the County to negotiate the access points. City Engineer Matthys reviewed the traffic options and summarized the County's specifications on access points. Council directed staff to discuss the options further with the County, preferring a fully signalized main access point to be across from the elementary school on Diffley, full access to Daniel Drive and no Daniel Drive access to the development. Council discussed landscaping options in the development, specifying desire for double-stacked evergreens and a decorative fence along property line to discourage walk-through traffic. Mayor Geagan opened for public comment. Nineteen members of the public expressed their concerns including: increased traffic, children safety, County acceptance of full-signalization proposal, store hours, architecture congruity with neighboring buildings, scale of store, future improvements to Lexington and Diffley roads, quality of Rademacher's franchise, outdoor trash and storage, number of and noise generated by trucks, emergency vehicle access to Daniel Drive, allowance of a service road, applicability of past zoning to today's needs, number of full access points, impact of a signalized intersection on the traffic capacity of Diffley Road, property valuation after site is developed, height and brightness of lights in parking lot, height and length of berm on property line, resident recourse if County denies access proposal, precedence set for nearby undeveloped sites, size of parking spaces and their impact on development size, developer payment of traffic signal, content of retail stores, impact of a destination 12 Eagan City Council Meeting Minutes October 6, 2005 Page 5 grocery store as opposed to a neighborhood grocery store, elevation impact during grading, and the number of conditions of approval. Council, City staff and the developer responded to a list of questions generated during the public comment period. Mayor Geagan closed the public comment period and turned discussion back to the Council. Council thanked everyone for their participation and diligence in becoming educated about the issue. Councihnember Carlson moved, Councihnember Tilley seconded a motion to approve a Preliminary Planned Development for a retail commercial development (Diffley Marketplace) consisting of a 43,175 square foot grocery store, two 10,000 square foot multi-tenant retail buildings, and two other retail buildings upon 10.94 acres located south of Diffley Road and east of Lexington Avenue, legally described as Outlot A, Lexington Pointe 13`~ Addition and Outlot A, Lexington Point 7~' Addition, in the NW '/4 of Section 26, subject to the following conditions: Aye: 5 Nay: 0 A Final Planned Development Agreement shall be executed for each Phase of the development. The following plans are necessary for the Final Planned Development Agreement: • Final Site Plan • Final Building Elevations ' • Final Site Lighting Plan • Final Landscaping Plan • Final Signage Plan 2. The property shall be platted prior to issuance of any building permits. Outlot A, Lexington Pointe 7th Addition, a 0.15 acre parcel adjacent to Daniel Drive) shall be included in the plat combining the two existing outlots that comprise this site into a single parcel. The platting shall be completed prior to issuance of any building permits. 3. Uses permitted within the NB zoning district shall be permitted within the two Phase I retail buildings. Only three Class II restaurants, with one drive-through service shall be permitted in the Phase I retail buildings. Any additional Class II restaurants in the Phase I retail shall require a Planned Development Amendment. 4. The approved use for the Phase II development shall be one Class II restaurant with drive through service and one financial institution with drive through service. Any use in Phase II other than the uses specified will require an amendment to the Preliminary Planned Development. 5. The following Class II restaurants shall be prohibited: McDonald's, Burger King, KFC, Wendy's, Taco Bell and Arby's. 6. Phase II development will require Final Planned Development approval for each building. Each Final Planned Development application will require a Site Plan Review by the City Council. 7. Phase II development on the east end of the site shall be subject to the minimum setback requirements in the NB zoning district, except that any proposed buildings in Phase II shall be set back a minimum of 50 feet from the south property line, and parking maybe set back 15 feet from Diffley Road. 8. With future subdivision, cross-easements will be needed for ingress/egress and parking in a form acceptable to the City Attorney. 9. The trash enclosures shall meet the 30-foot setback from the south property line. 10. The development shall provide a service drive dedicated to through movements and without direct parking stalls, from the existing access onto Diffley Road to the Walgreen's property. 11. This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of--way. 12. This development shall dedicate all public right-of--way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 13. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements and area acceptable to the City Engineer. 14. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City Codes and engineering standards, guidelines and policies. Eagan City Council Meeting Minutes October 6, 2005 Page 6 15. To ensure that Walgreen's will retain access to Diffley Road with future subdivision of the subject site, the developer shall provide a copy of the access easement affording Walgreen's access to Diffley Road for review and approval by the City Attorney prior to release of the plat and Planned Development agreements for recording. 16. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 17. A detailed landscape plan shall be submitted on the proposed grading plan. The financial guarantee shall be provided in the form of a letter of credit in an amount equivalent to the cost of plant materials plus installation, as calculated by the City, and shall cover two full calendar years subsequent to the completion of the landscaping as provided in the approved landscape plan and shall be released only upon inspection and written notice of conformance by the City. 18. City water quality requirements shall be met primarily through construction of an on-site pond on the east end of the parcel. This pond shall have a minimum treatment volume of 1.5 acre-feet and a maximum depth of 10 feet. To account for the 1.04 acres of the site that drain off site to city streets without stormwater treatment, cash in lieu of ponding shall be paid at the rates in effect at the time of payment. 19. The applicant shall submit a revised Tree Mitigation Plan that shows the mitigation plantings separate from the Landscape Plan. This revised plan shall be submitted to City staff for review and approval by the City Forester prior to inclusion in the Preliminary PD Agreement. 20. The proposed Graduig Plan must be revised to incorporate berming along Diffley Road. 21. The developer shall review the Landscape Plan and revise it as necessary to address the following issues: a. Selection of plants and use of taller narrower evergreen materials along the south boundary for solid screening and appropriate size and tolerance for growing conditions. b. Potential conflicts between parking lot island trees and site lighting. c. Designation of mitigation plantings in addition to landscape plantings. d. Added shrub and/or perennial beds along Diffley Road. 22. The site lighting plan shall be reviewed and calculations clarified or lighting modified to better achieve the IESNA recommended standards and reduce light spillover onto adjacent residential property. 23. Additional shielding or adjustments in the proposed lighting shall be made to achieve the 1.0 foot- candle or less at all points along the development where it abuts residential property. 24. The proposed grocery building elevations shall be modified to utilize brick as the primary exterior material rather than EIFS. 25. There shall be no signage on the cart corrals, and all shopping carts shall be retrieved from the corrals and stored within the building overnight. 26. Awnings on the two retail buildings shall be a canvas or Sunbrella material and shall not be illuminated and shall contain no signage. 27. Hours of operation for the grocery store and other commercial businesses shall be restricted to between 6:00 a.m. and 12:00 a.m. (midnight). 28. The driveway connection to Daniel Drive shall be eliminated and the plans resubmitted to Dakota County for review. 29. Grading operations shall occur only between 9:30 am and 3:00 pm. 30. The developer shall provide flagmen during grading operations. 31. Construction operations shall cease at 9:00 pm. Councilmember Carlson moved, Councihnember Tilley seconded a motion to approve a Final Planned Development for Phase I of a retail commercial development (Diffley Marketplace) consisting of a 42,600 sq. ft. grocery store and two 10,000 sq. ft. multi-tenant retail buildings, upon 10.94 acres located south of Diffley Road and east of Lexington Avenue, legally described as Outlot A, Lexington Pointe 13`~ Addition and Outlot A, Lexington Pointe 7~' Addition, in the NW '/< of Section 26, subject to the following conditions: Aye: 5 Nay: 0 1. A Final Planned Development Agreement shall be executed for each Phase of the development. The following plans are necessary for the Final Planned Development Agreement: • Final Site Plan • Final Building Elevations ~, ` Eagan City Council Meeting Minutes October 6, 2005 Page 7 • Final Site Lighting Plan • Final Landscaping Plan • Final Signage Plan 2. The property shall be platted prior to issuance of any building permits. Outlot A, Lexington Pointe 7~ Addition, a 0.15 acre parcel adjacent to Daniel Drive) shall be included in the plat combining the two existing outlots that comprise this site into a single parcel. The platting shall be completed prior to issuance of any building permits. 3. The development shall be subject to the minimum setback requirements in the NB zoning district with the following exceptions: The two 10,000 sq. ft. retail buildings shall be set back a minimum of 40 feet from the south property line, trash enclosures shall be set back a minimum of 30 feet; parking maybe set back a minimum of 15 feet from Diffley Road. Building Setbacks: • Minimum of 50' setback front yard setback (from Diffley Road) • Minimum of 50' rear yard setback (south lot line) for grocery building • Minimum of 40' rear yard setback (south lot line) for two multi-tenant retail buildings (30' minimum rear yard setback for trash enclosures) • Minimum 10' side yard setback (west lot line) Parking/pavement setback • Minimum of 15 feet from north properly line abutting Diffley Road • Minimum of 20' from south property line • 25' set back shall be provided of where possible as shown on the approved Site Plan • 5' Minimum side yard setback (west lot line) 4. Uses permitted within the NB zoning district shall be permitted within the two Phase I retail buildings. 5. Only three Class II restaurants, with one drive-through service shall be permitted in the retail buildings. Any additional Class II restaurants in the Phase I retail shall require a Planned Development Amendment. 6. The following Class II restaurants shall be prohibited: McDonald's, Burger King, KFC, Wendy's, Taco Bell and Arby's. 7. The trash enclosures shall meet a minimum 30-foot setback from the south property line. 8. The development shall provide a service drive dedicated to through movements and without direct parking stalls, from the existing access onto Diffley Road to the Walgreen's property. 9. This development shall dedicate Z O' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of--way. 10. This development shall dedicate all public right-of--way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 11. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements and area acceptable to the City Engineer. 12. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City Codes and engineering standards, guidelines and policies. 13. To ensure that Walgreen's will retain access to Diffley Road with future subdivision of the subject site, the developer shall provide a copy of the access easement affording Walgreen's access to Diffley Road for review and approval by the City Attorney prior to release of the plat and Planned Development agreements for recording. 14. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 15. A detailed landscape plan shall be submitted on the proposed grading plan. The financial guarantee shall be provided in the form of a letter of credit in an amount equivalent to the cost of plant materials plus installation, as calculated by the City, and shall cover two full calendar years subsequent to the completion of the landscaping as provided in the approved landscape plan and shall be released only upon inspection and written notice of conformance by the City. 16. City water quality requirements shall be met primarily through construction of an on-site pond on the east end of the parcel. This pond shall have a minimum treatment volume of 1.5 acre-feet and a maximum depth Eagan City Council Meeting Minutes October 6, 2005 Page 8 of 10 feet. To.account for the 1.04 acres of the site that drain off site to city streets without stormwater treatment, cash in lieu of ponding shall be paid at the rates in effect at the time of payment. 17. The applicant shall submit a revised Tree Mitigation Plan that shows the mitigation plantings separate from the Landscape Plan. This revised plan shall be submitted to City staff for review and approval by the City Forester prior to inclusion in the Preliminary PD Agreement. 18. The proposed Grading Plan must be revised to incorporate berming along Diffley Road. 19. The developer shall review the Landscape Plan and revise it as necessary to address the following issues: a. Selection of plants and use of taller narrower evergreen materials along the south boundary for solid screening and appropriate size and tolerance for growing conditions. b. Potential conflicts between parking lot island trees and site lighting. c. Designation of mitigation plantings in addition to landscape plantings. d. Added shrub and/or perennial beds along Diffley Road. 20. The site lighting plan shall be reviewed and calculations clarified or lighting modified to better achieve the IESNA recommended standards for light levels and uniformity necessary for security and safety, and to reduce light spillover onto adjacent residential property. 21. Additional shielding or adjustments in the proposed lighting shall be made to achieve the 1.0 footcanclle or less at all points along the development where it abuts residential property. 22. The proposed grocery building elevations shall be modified to utilize brick as the primary exterior material rather than EIFS. 23. There shall be no signage on the cart corrals, and all shopping carts shall be retrieved from the corrals and stored within the building overnight. 24. Awnings on the two retail buildings shall be a canvas or Sunbrella material and shall not be illuminated and shall contain no signage. 25. Hours of operation for the grocery store and other commercial businesses shall be restricted to between 6:00 a.m. and 12:00 a.m.(midnight). 26. Parking lot lighting shall be dimmed at night to a minimum agreeable with Eagan PD. 27. Storage of any kind outside of the westerly building (Rademacher's) is prohibited. 28. Replacement of all diseased or dying landscaping is required for the life of the project. 29. The developer shall install a decorative fence along the southerly property line. 30. The developer shall dedicate 75% of the cost of the future semaphore ($187,500). 31. Grading operations shall occur only between 9:30 am and 3:00 pm. 32. The developer shall provide flagmen during grading operations. 33. Construction operations shall cease at 9:00 pm. CONDITIONAL USE PERMIT - RAMONA RODRIGUEZ City Administrator Hedges introduced this item regarding a Conditional Use Permit to exceed the 25% impervious surface maximum in a Shoreland Overlay District for a four season porch addition on property located at 1325 Carlson Lake Lane. City Planner Ridley gave a staff report. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve a Conditional Use Pernut to exceed the 25% impervious surface maximum in a Shoreland Overlay District for a four season porch addition on property located at 1325 Carlson Lake Lane in the NW '/< of Section 27; 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. 2. The impervious surface can not exceed 29%. 3. A landscape management plan and landscape plan shall be developed and implemented in consultation with the Soil and Water Conservation District and the City of Eagan prior to issuance of a building permit. 7~ INDEPENDENT SCHOOL DISTRICT 196 14445 DIAMOND PATH WEST ROSEMOUNT, MINNESOTA 55068-4199 (651) 423-7712 FAX (651 ~ 423-7614 E-mail: mark.parr@district196.org ^ MARK PARR, Ph.D Director of Secondary Education RECEt11ED ~QR 3 0 Laos March 29, 2006 Thomas A. Colbert Director of Public Works 3830 Pilot Knob Road Eagan, MN 55122-1897 Dear Mr. Colbert: EAGAN ENGINEERING DEPARTME"~`°'~ Thank you for informing us (School District 196) of the implications surrounding a potential commercial development located directly south of Northview Elementary School on Diffley Road, adjacent to Daniel Drive . We are in favor, if the possibility exists, for a traffic signal to be placed on Diffley Road, Daniel Drive and the east entrance/exit to Northview Elementary School. A controlled intersection at that location would enable School District 196 buses, as well as parents, who are dropping off students better and safer access as well as more efficiency to Northview Elementary School, as we understand the possibilities. Even though School District 196 provides busing for the neighborhoods located across Diffley Road north, we are aware of children crossing Diffley Road on their own volition going to and from Northview Elementary School, Dakota Hills Middle School and Eagan High School as well as children crossing Diffley Road during non-school times for athletic events being held on the grounds just north of Northview Elementary School and the Northview Park grounds. Should you have further questions about this correspondence please feel free to contact me at the phone number noted on the letterhead. Si~::.erely, Mark Parr \ Director of Secondary Education/Transportation cc: John Currie, Superintendent Randy Dukek, Coordinator of Transportation Kathy Carl, Principal, Northview Elementary School Educating our students to reach their full potential 196 Serving Apple Valley, Burnsville, Coates, Eagan, Inver Grove Heights, Lakeville, Rosemount, and Empire and Vermillion Townships www.district196.org Larkin. Homan ATTORNEYS Mazch 29, 2006 Mayor Pat Geagan Eagan City Council 3830 Pilot Knob Road Eagan, Minnesota 55122 Re: Diffley Mazketplace/Daniel Drive Aecess Dear Mayor Geagan and Councilmembers: Larkin Hoffman Dalp & Lindgren Ltd. 1500 Wells Fargo Plaza 7900 Xerxes Avenue South Minneapolis, Minnesota 55431-1194 GENERAL: 951-835-380U FAx: 952-89G-3333 w[e: www larldnhoffman.com We represent Diffley Ventures, LLC, the developer of the proposed Diffley Marketplace retail center in the southeast quadrant of Diffley Road and Lexington Avenue in the City of Eagan. I am writing to urge the City Council to accept the access plan approved by the Dakota County Board at its most recent meeting. Specifically, the County Board approved athree-quarter access linking both the Diffley Ventures and corresponding elementary school sites to Diffley Road. The County has approved the Diffley Road access on condition that the Daniel Drive access to the Diffley Ventures site remain "full access" to allow ingress and egress for neighborhood vehicle traffic. While we understand the City would prefer the Daniel access be limited to an entrance only (we had previously accepted that limitation as either full .or restricted access works for us), the County is unwilling to accept this limitation. The ownership of Diffley Ventures feels that they have done what is possible to help resolve this question. Therefore, we respectfully urge that the City of Eagan concur in the Diffley RoadlDaniel Drive access as approved by Dakota County. Please call me if you have any questions. ly, Pet oyle, for Lazkin Hoffman Daly & Lindgren Ltd. Direct Dial: (952) 896-3214 Direct Fax: (952) 896-3265 Email: pcoyle@larkinhoffman.com cc: Tom Colbert Jon Hohenstein Mike Ridley Michael Dougherty, Esq. Diffley Ventures, LLC 1067[93.1 --e Agenda Information Memo Apri14, 2006, Eagan City Council Meeting VII. NEW BUSINESS A. PLANNED DEVELOPMENT AMENDMENT -LESLEY TSCHERNE ACTION TO BE CONSIDERED: To approve (OR to direct preparation of findings for denial) a Planned Development Amendment to allow a kennel, by definition, upon residential property located at 3812 Blackhawk Ridge Place, subject to the conditions in the APC minutes. REQUIRED VOTE FOR APPROVAL: At least three votes. FACTS: - The property is a %2-acre lot with asingle-family home on a cul-de-sac that backs up to I-35E. - The applicant has periodically taken in special-needs dogs at the subject site, unaware there was any Code violation. - The applicant has three dogs of her own and states that she cares for no more than 4 outside dogs at any given time. - By definition, a kennel is defined as "any place, building, tract of land, abode or vehicle, wherein or whereon a total of four or more dogs ...over six months of age, are kept, kept for sale, or boarded." If approved, an administrative kennel ]icense would be required. - No changes or alterations to the property or home are necessary to accommodate the use. The back yard is fenced to allow outside area for the dogs. - The Animal Control Officer has inspected the property and she reports that the dogs are all well-cared for, the animal rooms are spotless, and that there have not been any reported traffic issues from the neighborhood. The Advisory Planning Commission held a public hearing on March 28, 2006 and recommended approval. ISSUES: - One commissioner was concerned that this option would not be available to any non-PD zoned residential use and that others may want the same consideration for the number of their pets. 60-DAY AGENCY ACTION DEADLINE: April 17, 2006 ATTACHMENT5 (2): Draft APC Minutes f March 28 d ed~ through Staff report, pageshrough MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA March 28, 2006 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, March 28, 2006, at 6:30 p.m., at the Eagan Municipal Center. Present were Chair Heyl, Members Hansen, Dugan, Bendt, Chavez, and Gladhill. Also present were, City Planner Mike Ridley, Planner Pam Dudziak, Assistant City Engineer John Gorder, City Attorney Bob Bauer, and Recording Secretary Camille Yungerberg. AGENDA Member Bendt moved, Member Chavez seconded a motion to adopt the Agenda. All voted in favor. Motion carried 6-0. --- February 28, 2006, ADVISORY PLANNING COMMISSION MEETING MINUTES Member Hansen stated the vote on adjournment should be 7-0. Member Chavez moved, Member Bendt seconded a motion to approve the February 28, 2006, 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) IV. PUBLIC HEARINGS New Business A. Lesley Tscherne Applicant Name: Lesley Tscherne. Location: 3812 Blackhawk Road; Lot 15, Block 2, Blackhawk Ridge 2nd Addition Application: Planned Development Amendment A Plarined Development Amendment to allow a kennel service in a single family home. File Number: 21-PA-03-02-06 City Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated March $, 2006. He noted the background and history. Lesley Tscherne, 3812 Blackhawk Road, stated the issue is of great importance to her. Chair Heyl opened the public hearing. There being no public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Chair Heyl stated the owners of the adjacent property have not complained and as long as it is limited to four guest dogs, she will vote in favor bf. March 28, 2006 Advisory Planning Commission Minutes Page 2 City Planner Ridley stated that, if approved, the Planned Development Amendment will require annual licensure. He also explained that only the current zoning of the property allows for the requested kennel via a Planned Development Amendment. Member Gladhill stated the services provided by Ms. Tscherne are wonderful; however, he stated concern that the Planned Development Amendment would not be an option if the property were zoned standard R-1. He stated concern that others will want the same consideration for the number of pets. Member Bendt stated support for the proposal. Member Bendt moved, Member Chavez seconded a motion to recommend approval of a Planned Development Amendment to allow a kennel on property located. at 3812 Blackhawk Ridge Place in the SE corner of section 16 subject to the following conditions: 1. The Planned Development Amendment Agreement shall be recorded against the property at Dakota County. 2. The premises are allowed no more than four (4) guest dogs at any one time. 3. The applicant must maintain a current kennel license issued by the City. 4. No full-time boarding of animals for commercial purposes may occur on this property. 5. The operations of the kennel must comply with the"standards in Chapter 10 of the City Code regarding the keeping of animals. Chair Heyl stated this is a unique situation with a large lot. A vote was taken. Aye: Chair Heyl, and Members Hansen, Dugan, Bendt, and Chavez. Nay: Member Gladhill Motion carried 5-1. 81 PLANNING REPORT CITY OF EAGAN REPORT DATE: March 8, 2006 APPLICANT: Lesley Tscherne PROPERTY OWNER: Same REQUEST: Planned Development Amendment CASE: 21-PA-03-02-06 HEARING DATE: March 28, 2006 APPLICATION DATE: February I5, 2006 PREPARED BY: Nicole Cook LOCATION: 3812 Blackhawk Ridge Place COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment to allow a kennel, by definition, on property located at 3812 Blackhawk Ridge Place for Lot 15, Block 2, Blackhawk Ridge 2"a Addition. The applicant would like to continue providing dog "babysitting" services at her home. AUTHORITY FOR REVIEW Chapter 11, Section 11.50, Subdivision 5 states, in part, 1. The provisions of this chapter maybe amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote oftwo-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 This property consists of a %z acre lot located on a cul-de-sac that backs up to 35E. The applicant has periodically taken in special-needs dogs at the subject site-over the past year or so, unaware that there was any Code violation. For an average month, Ms. Tscherne will baby sit for 3 dogs for a total of 12 days. Planning Report - Tscherne PDA March 28, 2006 2 EXISTING CONDITIONS The single family home built in 1993 is located about 50 feet from the cul-de-sac near the southwest corner of the lot. A fence extends from the north-east corner of the garage, around the entire backyard and reconnects with the southeast corner of the house: The applicant has three dogs in her home. The City of Eagan Animal Control Officer has visited the site and she reports that the dogs are all well-cared, the animal rooms are spotless, and that there have not been any reported traffic issues ~_ `P~ f,:~~'.. '~ t .'.` n .~. .: y< ~~ ' SURROUNDING USES The site is surrounded by single family homes, zoned PD and guided LD, and I-35E. EVALUATION OF REQUEST Code Requirements -The property is zoned PD Planned Development. Section 11.67 states in part, "uses approved and permitted under a planned development shall only include permitted, conditional and accessory uses allowed in residential districts in the city and those business, industry and institutional uses specifically approved as part of the planned development and in accordance with standards herein provided." 83 Planning Report - Tscherne PDA March 28, 2006 Section 6.38 City Code defines a kennel as "any place, building, tract of land, abode or vehicle, wherein or whereon a total of four or more dogs, cats, ferrets, or rabbits or combination thereof, over six months of age, are kept, kept for sale, or boarded." Additionally, a license is required to operate or maintain a kennel. The license requirements and other City Code provisions relate specifically to the operations and conditions in which the animals are kept. If approved, the City Code requires an administrative kennel license (in addition to the Plam~ed Development Amendment). Therefore, there will be regular inspections by the Animal Control Officer for the annual kennel permit. Proposal -The applicant states that she cares for no more than 4 outside dogs at any given time. She further states that she would not need to change anything on her property, physically or structurally, if the request is granted. The request is not for afull-time kennel operation but, rather, she cares for dogs only as needed by their owners. The dogs she cares for are primarily geriatric or special needs dogs that require, among other things, medication, special diets, and special attention or those that are emotionally challenged. The applicant's narrative states: "This work is my life,. my passion, and my formal training and education. By you allowing me to occasionally baby-sit a few special needs dogs; I feel that I am contributing greatly to the public's need for a safe, healthy, place to leave your dog which hopefully leaves you with a total piece of mind. I am 52 years old and everything I have done in my life prior to now, has led me to this point. I welcome any restrictions, visitations by city officials, and annual renewal." Numerous neighbors have written letters (attached) on behalf of the applicant. Site Plan -The applicant's home is not designed, or setup, for a standard kennel operation. Ms. Tscherne has 2 bedrooms in her home reserved for visiting dogs. Each bedroom contains at least one twin-sized mattress that lies on the ground to allow the dogs a comfortable place to relax. The rooms are decorated in an animal motif and include food and water dishes, toys, treats, and even cable television. The back yard is completely fenced in with a large, wooden, privacy fence to allow the dogs room to run and exercise. SUMMARY/CONCLUSION Lesley Tscherne is requesting the approval of a Planned Development Amendment to allow a kennel on the'/z acre lot located at 3812 Blackhawk Ridge Place. A kennel is required, by City Code, to house more than four dogs at any one property. Ms. Tscherne has three dogs of her own and she would like to continue providing occasional dog "babysitting" services at her home. Planning Report - Tscherne PDA March 28, 2006 Page 4 As proposed, the applicant would be caring for no more than 4 guest dogs at any one time, most of which are special needs pets that require a high level of care and would not function well in a traditional kennel environment. ACTION TO BE CONSIDERED To reconunend approval of a Planned Development Amendment to allow a kennel on property located at 3812 Blackhawk Ridge Place in the SE corner of section 16. If approved the following conditions shall apply: 1. The Planned Development Arendment Agreement shall be recorded against the property at Dakota County. 2. The premises are allowed no more than four (4) guest dogs at any one time. 3. The applicant must maintain a current kennel license issued by the City. 4. No full-time boarding of animals for commercial purposes may occur on this property. 5. The operations of the kennel must comply with .the standards in Chapter 10 of the City Code regarding the keeping of animals. Eagan Boundary ~/ Right-of-way Location Map ~ParcelArea Park Area Building Footprint d~ t ® ~ ® i ~ p ~~ O e ~ $ ~ ~ 8p ® ~@p© ~ D ~ e~~ ~ v 0 ~ $+ a? 4 v~ ~ ~ ~ P b 6 d d d ~ 6~ 6 ~~ _ - ~ ® ~ ~ ;. 8 ® ~ , ..w.~. ® q ~ C ® td Be @® ®~ ~ ® ~? ~ D ~ 4 d ~ ® 8 ~ •® ~ ~ ~, ® dd p o 6 c6 lad ®. ~~ ® ~~ ` B . 9 } ® ®® ®~. Q- A ' s ® ~ 4!~ 8 a 9 m e ® v~.~ ~ C9 ® A ,e. wu ®~ d ~ otr qm ~ ~ c • ~ p ~ ~ ~ a s a ~ ., ° ~ gy / ~ ~ m Subject Site ~ p ~~ ~~ k ~ We~w~MF.°-~ F ~, ~ ~ ~ 6 ~ qty ® ~ © ~ ~ ° ~ ~ ~' 9 .4do .~~ ' ©°" ~ °7 D fi p. ® ®~ t7 `~ GB ~ ~ r ~+ fl t~ q O 4 b= B ® ® d~ f ~ ~ ~ ~ .o - g 6 ~ Q 7 ~ ~, ®~ ~~ ~ o ~ g ~ ~~~ o ~ ~= g ~ _ A B e ~ 6 - ~ a ~ ~ D ~ et~~ . ~ ,~ ® - ~ Q Q _ 0 ~ ~ © g 8 O ~ - - ~ ~ D 4 ~ C7 b a0 Q ® "S ~ ~~ $ a b ~m ~ ~, o~ da,~~~a~r~ a ~ ®,~ d 8 ® 6 Si P a 6 9 ~ O - ~ ' ®~~ o ® ~ ~~~ ~ ~ Q ~ G3 4 ~ ~ g ~ ~ ~e..- o a d 8 ® ® ~ O 8 v O o 9 ~ f4 b$ a e I ~ r 8 v 4 ~ ~4 .® ~ ~ ~ e mr 4 0 ~ tODO 0 1000 20DD Feet DevelopmentlDeveloper. Lesley Tscherne A lication: PD Amendment Pp i Case No.: 21-PA-03-02-06 t f E C Map Prepared using ERSI ArcView 3.f. Parcel base map tlata provitletl M Dakota County Office of GIS and is current as of April 20D5. N W~ E y o ~~a~ i THIS MAP IS INTENDED FOR REFERENCE USE ONLY V • The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S communny Devslopment Department not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Land Use Map Lesley Tscherne PD Amendment 21-PA-03-02-06 Zoning Map ~~~~~~', , , t ~''~ `mow ~ R-1 0^ 0 ~ R m d = o Y A o W i p Q r 03 W ^ y _ Current Zoning: Location . m PD D p PF Planned Development PF P P b~ 7 600 0 600 1?AO FMl ~~ Comprehensive Guide Plan ~ Qy ~uw ~ v o Land Use Map n L o Y L D ~ o ~ ~ ^ D a i W Location ~,, V Current Land Use Designation: P LD P P LD Low Density (0-4 units/acre) 0 0 m ~' ~ Y F O s Z 00 0 600 120D FN1 A N _ d M f•arcul 6asu map Information proWde~y Dakota County Land Survey Department Decmbar 2005. ~~ N Zoning bformatbn maMtafnad b~Gity 6taff City of Ea~aIl "' E THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. S ~~~ ~ ,_ `'• ('1 4 (~ ~ .~,\ . '~' l ~\ '; ~i '1 ~y~ t~t 'r 1~ ~~ '~~ ,t -aT ~ ~ ! ', {~ ~ 4,i t ,~ '~ _ ~; ,_~ -/ ~~. L O r'.~ ~~' /` r~ '~-`~ _. \ ~'/l ~~ ~ ~~ ;, , - `n ~~., ~ DEG `~. ~~' ~ ~~. ,r y ~~¢' ...~. ~~~ ~:. ~~ V .~ ~\' ~ ti~ e »~ k . -..~. •s~ l .. ~'S_~ S~ I F i 1 ~R '~1 ••R'~ v ~+ ~f -. ~7 ~~ ~. .; r~'4 f n .~ `i `r,, £<- t p;p~~~~i~i~~ yC ~~ 1 ~ ~~R _ q~..~ ~~ written narrative c~escrif~ing prapcsaE The intent of this request is to be granted permission by the City Council of Eagan to babysit just 2 families of dogs within my home. They are primarily geriatric, elderly or with special needs, be it physical or mental. I actually have been doing this for a little over a year without realizing this would constitute running a "kennel". A "Good Samaritan" felt the need to inform the City of Eagan of my occasional caring for dogs and that's why I'm here before you now. • There is no time line because nothing at all needs to change from how my home is now. • The existing land use of the subject property is "planned development" or "my home" My house is 3200 sf sitting on almost a'h acre of land contained within a wooden privacy fence. The majority of my land backs up to 35E. • My home is in a planned development. There are 16 homes within 350 feet of my property .Seven of these homes are actually in an entirely different cul de sac but happen to shoot off the back of my back yard. • The impact of this planned development amendment will not change one thing to the surrounding area. Nothing will change physically or structurally if this request is granted. Everything will be the same as it has been since I moved in in 1997. My property borders 35E on the entire back of my home. I live on a quiet cul de sac with Blackhawk Lake directly behind the houses across the cul de sac. I have included letters from my immediate neighbors stating that this would not be a problem or ever has been. These dogs lounge very comfortably within one of my 2 guest bedrooms. ( letters and photos inclosed) • The impact of this planned development amendment is nil. Not one thing will change the su ct property itself. It will be as it has been for the last 9 years. • In regards to your question of the impact of this planned development amendment on city services such as sewer, water, storm water run-off and roads is ZERO. Nothing is affected. • In regards to the question of whether this proposed land use amendment would result in better use of the land, I definitely feel that helping a couple of elderly or special needs dogs in a quiet, loving, knowledgeable environment, couldn't be anything but a "better" use of 2 spare bedrooms in a big, empty house I have never, ever had one animal related complaint filed against me. Thank you for your attention RECE(~!~~j I=EP ~.5 ~~Q Written rrarretive concisely descr€bi€~g the "publlG Iver~efit" of the proposed arnendrrrent How many of you have or know of a dog that is either: • elderly, geriatric or just on in years ? physically challenged in some way be it blind, deaf, or could even have something as common as hip dysplasia and needs help walking or just getting around? has anxiety issues and needs special attention and comfort? • needs ear or eye ointment daily or is taking daily pills ? • has an ongoing chronic illness such as Pancreantitus, Addison's, Cushings disease? • very sensitive or in an emotional state that leaving it alone in a traditional kennel would mentally or physically end up traumatizing them? What I have done is opened the two guest bedrooms in my home to a small number of dogs. (4 max.) They are usually owned by my neighbors, friends or relatives. The people that ask for my help greatly fear leaving their pets behind when they need to travel for personal, business or inevitable family emergencies. (hospitalization, family crisises). I have made these rooms as safe, sanitary and comfortable as possible. They include human beds along with puffy dog beds. They have color television with cable. It is not unusual for me to talk with these parents daily regarding the health of their dogs. When I watch a dog for you, it has my full attention. I do special diets. I lift and carry the lame ones outside. I nurture and love the emotionally challenged ones. I administer daily medicines and frequently care for them fate at night when no one is around in a conventional kennel situation. Being I only baby sit a couple of dogs, bordetella or kennel cough is unheard of when they stay with me. Sometimes, the dog is not the issue as much as the owners. When family emergencies or medical crisises arise, giving proper notice at a traditional kennel can be a problem. ! am always flexible and ready to help in these situations. Frequently in an emergency, I will drive to pick up these dogs allowing the parents to attend to and concentrate on theircrisis. Please understand, I am not asking to run a kennel operation. ! am not asking to allow dogs to run wild and bark in my back yard. My caregiving is the total opposite of that. I am only asking your permission to allow me to care for a few special dogs (only 2 families) in the privacy of my home. I have never had a noise complaint. 1 have never had a feces complaint.. I have a y2 acre of land that is fenced and live on a quiet cul de sac backing up to 35E. Most of my neighbors never even knew what I did until I told them. Then, they would ask me to help their dog. From 1995 to 1999, I created and ran one of the most well established and respected dog facilities in the country. (Silver Dog Bed and Biscuit) This work is my life, my passion and my formal training and education. By you allowing me to occasionally babysit a few special needs dogs, I feel that am contributing greatly to the publics need for a safe, healthy place to leave your dog which hopefully leaves you with total "peace of mind". I am 52 years old and everything I have done in my life prior to now has led me to this point. I welcome any restrictions, visitations by city officials, and annual renewal. Thank you very much McCleary, Monica J MONICA MCCLEARY 525 STAPLES AVE. MENDOTA HEIGHTS, MN 55118 PHONE 651-457-2425 January 24, 2006 To Whom it may concern, Lesley Tscherme has cared for our dog, Huey, for the last two years when we have been out of town. Prior to this, Huey stayed with my parents who took care of him when we were gone. In October 2003 I lost both of my parents in one week so I had no one else to take him. It has been a blessing to us to have Lesley to take him. Huey is a ten year old Skye terrier. This is a fairly rare breed and he was quite an expensive pet to buy. Huey requires very special care for a severe health condition. He is afflicted by Addison's disease, which is the total absence of adrenal function. In other words his adrenal glands can not produce glucocorticoids or mineral corticoids whcih are essential to life itself, Because of this illness he needs to take prednisone every day and sees the veterinarian once monthly for injections of desoxycorticosterone. Huey also has protein losing enteropathy and has to be kept on a fairly strict diet. Lesley is able to make sure he has his medication and special diet every day. We feel very confident that his health needs are being met when he stays at her house. He is comfortable there. Stress in a dog with Addison's disease can lead to an Addisonian crisis which is life threatening. He would do poorly in a kennel where he would not get the tender care that Lesley provides. I don't know what we would do if she was unable to take Huey into her home. Please contact me if I can be of further assisstance. Sincerely, Monica J. McCleary i ~.- ~! i,~, __~ :i' ~~ ~dg ~ ~ ~ontc2 ~~tear~ [~urS~ ` fYltdwt~2 f I r~ ~ c ~ ~•!~r ~J ~ ~ ~ ~ p~) - _. f; .; ~") it ~;& February 15, 2006 TO: The City of Eagan We have lived two doors down from Lesley Tscherne for over 10 years and we have never experienced any kind of negative activity regarding the occasional dog sitting that she has done in her home. There has been absolutely no disruption in our cul-de-sac from either traffic or barking. Lesley is a great care giver of animals and has personally helped us out in situations where we have asked her to let our dog out during the day. Her service is very valuable to us and the rest of the neighborhood. We would sincerely be against any kind of change in the current situation that Lesley has in our neighborhood. illiam and Joann Cahi 1 3804 Blackhawk Ridge Place Eagan, MN 55122 651-686-7830 n 2 (GJ I~ ~j o r-" ~, l~ovs~s CLwc~c..~ ~rc'3~,,,1 ~ ~ ~~~~i~~~,~ ~Ef3 ~ ~ ~~~ February 7, 2006 To Whom It May Concern: My name is Michelle Dehnel. My husband Jerry and I live at 3808 Blackhawk Ridge Place. We have lived next door to Lesley Tscherne since 1997. That is why we are writing this letter. We need you to know that Lesley occasionally baby sitting a dog or two, has NEVER adversely affected us. We have never experienced additional traffic. We have never heard any barking. We have never seen feces in either her front yard or back yard. (which we have a perfect view of from our deck!) We no longer have a dog but when we did, Lesley was always ready to help us out when we needed her. Our dog was elderly and was on daily medicine. The fact that she desperately cares about the welfare of these special pets was always very reassuring when we had to leave him. We sincerely hope she is allowed to continue. Her high level of care for these few dogs has definitely been a public benefit to our neighborhood.. Thank you, L Michelle and Jerry Dehnel 3808 Blackhawk Ridge Place Eagan, MN 55122 1'L~ ~ Ll ~ o '~'" ~~~ ~i ~. ~8~8 J erg y ~ ~ 1 ~G-e ll~ ~e~~ c~3 ~4::~~~~~P~ ~~~~ ~ ?~o~ Keith & Debby Grittner 3815 Blackhawk Ridge Place Eagan, Minnesota 55122 City of Eagan 3830 Pilot Knob Rd Eagan, MN 55122 To Whom It May Concern: We are writing this letter on the behalf of Lesley Tscherne, our next door neighbor for some nine years now. Ever since Lesley moved in we have known about her love of dogs. She has two dogs of her own and occasionally baby sits dogs of others. Many of the dogs she baby sits are those of neighbors, or those in need of special care. There has never been a problem with noise or traffic in our cul-de-sac due to Lesley. She has a very nice setup for any dog, with high privacy fences and a well maintained yard. In fact you would probably not even know there were dogs on the premises. We sincerely believe that Lesley is providing a benefit to those who need a baby sitter for their dog. There has never been any adverse affects of this which would include excess barking or increased traffic. Please feel free to call us with any concerns or questions you may have. Thank you„i,, ~ %~` ,^ i ~ , ~~~ . ~. . ~- ~-~~% 1 J~~ ~~ Keith & Debby Crrittner 3815 Blackhawk Ridge Place l n'1 YYt e~ t ~~ Eagan, MN 55122 651-456-5878 n ~ ~~ ~ ~ ~ r- `/ ' ` r~ 1 ~l~~ ~Z ~O ~S ~i ~~~~~~ ~ ~~ shoo! Mail - mychulitas@yahoo.com 02/14/2006 02.57 PM M ~, ~ L Print - Close Window From: "David Fondler" <dfondler@hotmail.com> To: mychulitas@yahoo.com Subject: Lesley Letter Date: Tue, 14 Feb 2006 14:04:15 -0600 To whom it may concern: This is a letter in support of Lesley Tscherne. Lesley and I ha~ie-been friends for more than three years. On several occasions, Lesley has done me the favor of watching my dog Bravo when I have gone out of town. Bravo is about 14 years old and has several old-dog ailments. He needs special care and regular medications. I don't know what I would have done if Lesley had not been there to care for him. I trust her implicitly, much more than I would a commercial kennel. David Fondler Business News Editor St. Paul Pioneer Press 651-470-0867 (cell) ~• [~ ~, C~ ~ Q.~ v S t -~.a.o ~~ ,t ~-.p ~ http://us.f528.mail.yahoo.com/ym/Showletter?box=lnbox&Msgld=38...earch=&PRINT=1&Showlmages=&YY=441D0&order=down&sortffidate&pos=0 Page 1 of 1 Agenda Information Memo Apri14, 2006, Eagan City Council Meeting B. COMPREHENSIVE GUIDE PLAN AMENDMENT AND REZONING - SUNRISE PROPERTIES ACTION TO BE CONSIDERED: To direct that a Comprehensive Guide Plan Amendment to change the land use designation from LD, Low Density residential to HD, High Density residential, upon approximately 5.1 acres located northwest of Hwy. 13 and Silver Bell Road be submitted to the Metropolitan Council for review and approval (OR direct preparation of findings for denial). REQUIRED VOTE FOR APPROVAL: At least four votes. FACTS: - The site consists of two unplatted parcels comprising 5.1 acres and containing an existing single-family home which was constructed in 1966. - The property is surrounded by single-family, multiple-family and industrial uses. - The property is heavily wooded with a ravine along the west edge of the site. - This site sits adjacent to property of Metropolitan Council Environmental Services, on which Kennealy Creek and an extensive wetland area exist. - Development of this site raises issues with tree removal, potential for erosion, and protection of sensitive natural resources nearby. - The site is located within the one-mile buffer area of the 60 dB contour, placing it within Airport Noise Policy Zone 4. Shared-entry multi-family residential dwellings are anticipated to be a provisional use within the Buffer Zone. As such, sound attenuation construction standards will apply. - Public street access to the site is currently provided via Wuthering Heights Road. - The Applicant's concept plan shows access via private street easements over other private property. This is not consistent with City Code. Access should be provided via public street. - If access is provided via Wuthering Heights Road, it would need to be upgraded to current City standards with concrete curb and gutter and bituminous paving. - The proposed IUD land use designation allows 12+ units per acre. - The proposed R-4 zoning is consistent with the HD land use designation. - The APC held a public hearing on March 28, 2006 and reconunended approval of the Comprehensive Guide Plan Amendment and denial of the Rezoning to R-4. The APC stated that PD zoning would be more appropriate given the sensitive nature of the site and the issues concerning access. 9~0 ISSUES: - Surrounding industrial and other multi-family development in the area, as well as the airport noise compatibility guidelines, support the proposed change to a land use designation of HD. - Since Comprehensive Guide Plan amendments are subject to review and approval of the Metropolitan Council, formal action on the associated Rezoning will be withheld until the Metropolitan Council has responded to the proposed Comprehensive Guide Plan Amendment. It is still appropriate for the Council to comment on the proposed Rezoning from A to R-4 at this time. - Given the sensitive physical characteristics -- trees, topography and proximity to a sensitive wetland and the Minnesota River flats -- as well as the applicant's desire to utilize new driveway accesses via private easements rather than the existing public street access, the APC stated that a PD, Planned Development zoning would be more appropriate than the proposed R-4. ATTACHMENTS (2): Draft APC Minutes on a es through Staff report on pages hrough a~ March 28, 2006 Advisory Planning Conunission Minutes Page 3 B.Bassett Property Applicant Name: Sunrise Properties Location: 2101 Wuthering Heights Road; Application: Comprehensive Guide Plan Amendment A Comprehensive Guide Plan Amendment of 4.6 acres from Low Density (LD) Residential to High Density (HD) Residential. File Number: 18-CG-02-02-06 Application: Rezoning A Rezoning of 4.6 acres from Agriculture (A) to Residential Multiple (R-4). File Number: 18-RZ-02-02-06 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated March 21, 2006. She noted the background and history. Greg Schlink, Sunrise Properties stated the possibility of making the access road to the east a public street. He stated a neighborhood meeting was conducted where-seven of the nine homeowners attended, all expressing concern for the increase. in traffic. He discussed grading of the property and the ravine which will be impacted. He requested that the appropriate use of the property be discussed. He requested that he be allowed to move forward with the project, starting with the Comprehensive Guild Plan. Chair Heyl opened the public hearing. Rhonda Hawkins, 2121 Wuthering Heights Road, stated they live on a dirt road and they enjoy the seclusion. She asked that the development be completed without using their roadway. Eric Vevea, 1496 Sherwood Way, asked that the Advisory Planning Commission protect the Comprehensive Guild Plan. He stated the low density designation should remain. There being no further public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Chair Heyl stated her support for the Comprehensive Guild Plan change and density. She stated many things have changed in the last four to five years to support the change, including the north-south runway. She stated public street access is needed to serve the proposed apartment building. She stated due. to_the site sensitivity with grading and erosion, she believes a Planned. Development would be more. appropriate to lock down the exact development and impacts. - City Planner Ridley explained the history behind the current Comprehensive Guild Plan designation. Member Gladhill stated higher density is appropriate for this area. He stated agreement with Chair Heyl in that a Planned Development is more appropriate for the property. City Planner Ridley stated concern for the east access point (public or private) due to the industrial traffic carried by Kennebec Road and the location of the driveway cut near the Kennebec Road/Silver Bell Road intersection. He stated public access, if not from Wuthering Heights Road, would be better suited on the west end of the property. Member Dugan stated general support for the proposal; however, he stated concern that the Comprehensive Guild Plan change is premature until public access is provided to the site. Member Gladhill moved, Member Bendt seconded a motion to recommend approval of a 1~ /~i+rr+nrn{~nnci~iq ~:~tlrla Plan Ampnriment to chanae the land use desianation from LD. Low `~'' March 28, 2006 Advisory Planning Commission Minutes Page 4 Density residential to HD, High Density residential, upon approximately 5.1 acres located northwest of Hwy. 13 and Silver Bell Road in the SE '/4 of Section 18. Member Hansen stated support for the proposal if Wuthering Heights Road were to be made a public and paved street. He stated concern with the lack of public access. A vote was taken. Aye: Chair Heyl, Members Bendt, Hansen, Gladhill, and Chavez. Nay: Member Dugan. Motion carried 5-1. Member Gladhill moved, Member Bendt seconded a motion to recommend denial of a Rezoning to change the zoning of the property from A, Agriculture, to R-4, Residential Multiple, residential, upon approximately 5.1 acres located northwest of Hwy. 13 and Silver Bell Road in the SE'/< of Section 18. Chair Heyl stated the reasons for denial are that the flexibility of a Planned Development is appropriate for the property due to environmental concerns, access points; and the density. She further stated a Planned Development would provide the.. City more control on site impacts and development. All voted in favor. Motion carried 6-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: March 21, 2006 APPLICANT: Sunrise Properties PROPERTY OWNER: Betty Bassett CASE: 18-CG-02-02-06 HEARING DATE: March 28, 2006 APPLICATION DATE: March 1, 2006 Silver Pines Acquisition, LLC REQUEST: Comprehensive Guide Plan Amendment PREPARED BY: Pamela Dudziak LOCATION: 2101 Wuthering Heights Rd. /west of Silver Bell Road and Hwy.13 COMPREHENSIVE PLAN: LD, Low Density/ HD, High Density ZONING: A, Agriculture; R-4, Residential multiple SUMMARY OF REOUEST Sunrise Properties is requesting a Comprehensive Guide Plan Amendment to change the land use designation from LD, Low Density residential to HD, High Density residential, and a Rezoning from A, Agriculture, to R-4, Residential Multiple, upon approximately 5.1 acres located northwest of Hwy. 13 and Silver Bell Road in the SE '/4 of Section 18. AUTHORITY FOR REVIEW Comprehensive Guide 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 classifcation 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 loner 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. iw Planning Report -Sunrise Properties March 28, 2006 Page 2 Rezoning: City Code Chapter 11, Section 11.50, Subd. 5 states in part, 1. The provisions of this chapter inay be amended by the majority vote of the council, except that amendments changing the regulations of any district may only be made by an affirmative vote oftwo-thirds of all members of the council. 2. The City Council shall not rezone any land or area in any zoning district or make any other proposed amendment to the zoning ordinance without f rst having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY Hi_ story.-The single-family residential neighborhood which includes this site was initially within Cedar Grove Special Area #S as designated in the City's Comprehensive Guide Plan, and the Cedar Grove Redevelopment District. The City adopted policies for Special Area #5 and for the Cedar Grove Redevelopment that would prevent further subdivision of land and construction of new single-family homes in this area. Based on the request of the neighborhood, the City later adjusted the boundaries of the Special Area and Cedar Grove Redevelopment District to exclude the residential neighborhood, however, staff believes the adopted policies remain valid. Area Development -The site is surrounded by a variety of different uses. Public Facilities to the west, industrial to the north and east, multiple residential to the south, and single-family residential to the west. Zonin -The property is currently zoned A, Agriculture. The property had a variety of zoning designations throughout the 1960s and early 1970s. Between 1960 and 1974 the zoning included industrial, single-family residential, residential 4-plex and residential multiple. In 1974 the property was zoned single-family residential which it remained until 1981 when the zoning was changed to Agriculture. The property is currently zoned Agriculture. Comprehensive Land Use Plan -The City's Comprehensive Guide Plan currently designates the property for LD, Low Density residential use. In 1974, the land use designation was R-III, Mixed Residential (3-6 units/acre), and in 1980, it changed to Industrial. With the update of the City's Comprehensive Guide Plan in 2001, at the request of the residential neighborhood, the City achieved consistency between the land use and zoning of the residential neighborhood -- including this property -- by changing the land use designation from Limited Industrial to LD, Low Density residential; the adjacent apartments to the south were designated HD, High Density residential. EXISTING CONDITIONS The site consists of two unplatted parcels and contains asingle-family home which was constructed in 1966. The property is heavily wooded with significant variations in topography. ion Planning Report- Sunrise Properties march 28, 20.06 Page 3 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existin Use Zonin Land Use Desi nation North Seneca Plant I-l, Limited Industrial IND, Limited Industrial South A artments/Condos R-4, Multi le Residential HD, Hi h Density residential East Industrial I-1, Limited Industrial IND, Limited Industrial Northwest! Southwest VacantlSingle- family PF, Public Facilities/ R-1, Single Family Residential QP, Quasi-Public! LD, Low Density residential EVALUATION OF REQUEST Proposal The applicant, Sunrise Properties, proposes to change the land use designation from LD, Low Density residential to HD, High Density residential upon approximately 5.1 acres located at 2101 Wuthering Heights Road. A Rezoning of the property from A, Agriculture, to R-4, Residential Multiple is also proposed. The HD land use designation allows for gross residential densities of 12+ units per acre. The R-4 zoning requires a miiumum lot area per unit of 2,750 sq. ft. for buildings containing more than 6 units. The R-4 Iot requirement of 2,750 sq. ft. per unit results in a density of 15.8 units per acre.' The Concept Plan submitted by the applicant shows afour-story 107-unit apartment building on the 5.1-acre site. The Concept Plan includes an adjacent 1.7-acre parcel to the south which would be used for ponding and access. The adjacent parcel is currently guided HD and zoned R-4 and thus, does not require the same land use amendment or rezoning. In support of the land use and zoning change for the 5.1-acre site, the applicant's narrative states it is their intent "to provide multiple family housing, while minimizing the impact to adjacent single family residences." The narrative further states that because of recent office/warehouse development to the north, apartment/condominium development to the southeast, and the recent opening of Runway 17/35 at the MSP airport, "the site's continued use as single family residential is not compatible with these uses." The applicant's narrative indicates the following reasons the proposed land use and zoning amendments result in a better use of the land: a) "multiple family housing is the highest and best use of the land;" b) "it will have a significant impact on the redevelopment of the area"; c) it "will provide positive economic benefits to the residents of Eagan"; and d) "it will provide work force housing for the nearby employment centers." i~ Planning Report -Sunrise Properties March 28, 2006 Page 4 Environmental Impacts Topography -The site is heavily wooded and generally slopes to the northwest. A heavily wooded ravine extends along the west edge of the site. The ravine has steep slopes with significant natural resource considerations, including tree preservation and impacts to downstream property. This ravine is directly above the Minnesota River flats, and appears to be highly susceptible to erosion. The ravine should be subject to stringent temporary and permanent erosion control measures with any type of land use and development. The preliminary concept plan submitted shows potential development within the, southern portion of the ravine area. Given the significant natural resources within and downstream from the development site, consideration should be given to limiting development to outside the ravine area. Storm Drainage -Development of this site will require the construction of storm water ponding to control rate of runoff and for water quality purposes. Trees/Vegetation -Development of this site will be subject to conditions of the City of Eagan Tree Preservation Ordinance (City Code Chapter 11, Section 11.10, Subd. 15.1). According to City of Eagan Tree Preservation Ordinance, allowable removal of significant vegetation for this type of development (multiple-lot, multi-unit residential) is set at 47.5%. Tree removal exceeding the allowable limit is an exception to the ordinance. In that event, the developer must demonstrate "practical difficulties or practical hardships result[ing] from strict compliance." The developer will need to submit a Significant Tree/Woodland Inventory and Tree Preservation Plan at the time of building permit application. If removal exceeds the allowable Limit, mitigation is required in compliance with the Tree Preservation Ordinance. In that event, a Tree Mitigation Plan demonstrating compliance with mitigation requirements will also be necessary. The applicant acknowledges that "significant grading and tree removal will likely occur on the property in order to meet its intended multi-family use" and that the adjacent 1.7-acres "could provide an area for tree mitigation, if needed." Wetlands/Wildlife -Because of the steep slopes on the property and potential for erosion as a result of construction, it maybe appropriate to have the proposed development reviewed by the Lower Minnesota River Watershed District, in which the property lies. There are no jurisdictional wetlands on the property; however, this site sits adjacent to immediately adjacent to property of Metropolitan Council Environmental Services, on which Kennealy Creek and an extensive wetland area exist. Water Quality -Because of the size of the proposed development, stormwater treatment ponding would be required at the time of development and is expected to meet a majority of Eagan's water quality requirements. Airport Noise Considerations -The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter I~ Planning Report - Smuise Properties March 28, 2006 Page 5 in its Transportation Policy Plan that anticipates the impacts from the continued operation of the airport at its current location. Historically, the City has attempted, where possible, to minimize land uses that would be in conflict with operations at MSP. The City's adopted Comprehensive Guide Plan currently designates the area as LD, Low Density residential. The site is located 3.5 miles south of the north-south runway at MSP, adjacent to the arrival and departure flight track for that runway. Based on the Metropolitan Council Policy Contours adopted in 1996, the site is located within the one-mile buffer area of the 60 dB contour, placing it within Noise Policy Zone 4. The Met Council has recently adopted new land use compatibility guidelines, which incorporate the 2007 Noise Policy Contours. Under the new guidelines it is anticipated that shared-entry multi-family residential dwellings will be a provisional use within the Buffer Zone. This property is located within Airport Noise Policy Zone 4. With the opening of the new North- South runway at MSP in Fall 2005, this property experienced increased exposure to aircraft overflights. Architectural designs and construction methods for construction of ashared-entry multi-family building should incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA. Infrastructure Impacts Access -The subject site is not land-locked; public street access is, and should continue to be, provided via Wuthering Heights Road. However, the applicant does not propose to utilize the existing public street. The Concept Plan shows driveway accesses at two locations, both via private easement across adjacent properties. This request could be accommodated through a Variance (with a demonstrated hardship) or Planned Development zoning: The applicant has indicated that there is currently a private easement across the existing apartment complex property at 2099 Silver Bell Road. The other proposed access onto Kennebec Drive will require the acquisition by the applicant of a private easement across Lot 1, Block 1 Cedar Bluffs Business Center (3711 Kennebec Drive), a recently constructed office/ warehouse facility. The City Code does not allow for parcels where access is provided only by private streets. While the applicant has indicated "impacts to the [single-family] residential neighborhood to the west will be minimized.by prohibiting access to the residential street," this street, Wuthering Heights Road, is the onl public street frontage available to the site. The concept plan submitted does not depict access to Wuthering Heights Road, arural-section gravel road within publicright-of--way south of the site. Public street access to development of this site should be via Wuthering Heights Road. If access is provided onto Wuthering Heights Road, the entire length of street from Silver Bell Road would need to be upgraded to current City standards with concrete curb and gutter, storm sewer, and bituminous paving. I (~ Planning Report -Sunrise Properties March 28, 2006 Page 6 Fire/Emer enc~Access -The Fire Marshal has indicated that any multi-family development on this site will need to provide emergency drive lanes such that access is provided, at a minimum, to within 150 feet of all points of the building. The developer should be aware of this as it may require additional grading on the northwest side of the building to accommodate such an emergency access, and may increase site disturbance, tree Loss and potential for erosion. Utilities -Water main and sanitary sewer service is readily available to serve development of the property. Comprehensive Land Use Impacts Historically, this site has been zoned for residential use since the 1960s. The most recent update to the City's Comprehensive Guide Plan designated this site for LD, Low Density, residential development (0-4 units per acre). The site is adjacent to a variety of other uses -single-family residential, multi-family residential and limited industrial. The proposed multi-family use of the property would be an extension of existing multi-family development to the south, and a contrast to the existing single-family homes to the west. The existing apartment buildings are three-stories in height. The proposed high density use is compatible with land use policies relative to the airport and noise exposure. School System This property is located in ISD #191 and would be served by Sioux Trail Elementary (Burnsville), Metcalf Junior High School, (Eagan), and Bumsville Senior High School (Burnsville). The district indicated approximately 32 students would be anticipated from a multiple family development on this property, as opposed to approximately 27 students if the property redeveloped as single-family. Parks and Recreation System Neighborhood Parks Stem -The designated neighborhood park serving this area is Woodhaven Park. Woodhaven Park is located southeast of Hwy. 13 at Cedar Grove Parkway and Gold Trail. The Silver Bell Road and Hwy. 13 intersection is a controlled intersection with an at-grade pedestrian crossing. This site is also in close proximity to the State Park along the Minnesota River which provides access to walking and bicycle trails as well a boat access to the river. In addition to these existing parks, the Advisory Parks and Recreation Commission is reviewing whether additional parks and recreation needs should be incorporated into the Cedar Grove Redevelopment which may provide additional parks services for the area. Park and Trail Dedications -Not applicable since there is no subdivision application. ios Planning Report -Sunrise Properties March 28, 2006 Page 7 Zonin g Zoning - A rezoning to R-4 is proposed. This request is consistent with the proposed HD land use designation. While the applicant has provided a concept plan, there is no guarantee under R- 4zoning that the concept plan is what will be developed on the site. Actual plans for building permit maybe different, and provided such plans are in conformance with R-4 zoning and other ordinances, construction would be allowed to proceed. Given the sensitive physical characteristics -- trees, topography and proximity to a sensitive wetland and the Minnesota River flats -- as well as the applicant's desire to utilize new driveway accesses via private easements rather than the existing public street access, the applicant may want to consider a rezoning request to PD, Planned Development. The intent of Planned Development zoning is: a. Providing greater flexibility in environment design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. b. Recognizing the economic and cultural advantages that will accrue to the residents of a planned community. c. Encouraging a more creative and efficient approach to the use of the land. d. Encouraging the preservation and enhancement of desirable site characteristics, natural features, and open space. e. Encouraging a development pattern that is consistent with the land use density, transportation facilities and community facilities objectives of the Comprehensive Plan. Due to the significant natural features of the site and area and proposed private access, staff suggests a Planned Development (PD) zoning maybe more appropriate. A PD zoning does not guarantee policy makers would approve private access; however, it would provide the City with significantly more control over the ultimate development and the sensitivity of same. Densit -The proposed R-4 zoning requires a minimum site size of 2,750 sq. ft. per unit. The two parcels which make up the development site total 6.8 acres. Applying the R-41ot requirements of 2,750 sq. ft. per unit, a maximum of 107 units could be developed on the site; the concept plan shows a 107-unit building. This translates into a density of 15.7 units per acre. Recreation Space Required -The. City's zoning ordinance requires that multiple-family dwelling complexes "shall have a minimum recreation area equal to 200 sq. ft. for each dwelling unit containing two or fewer bedrooms and 100 additional square feet for each dwelling unit containing more than two bedrooms. Said recreation area shall be a minimum of 100 feet from any ponding area." Based on the concept plan. submitted by the applicant, a total of 20,110 square feet of recreation area must be provided with the development. Evaluation of specific development plans for compliance with the recreation space ordinance will be done at the time of building pe~nit application. SUMMARY/CONCLUSION t~ Plaruiing Report - Suruise Properties March 28, 2006 Page 8 Sunrise Properties is proposing a Comprehensive Guide Plan Amendment to change the land use designation from LD, Low Density residential to HD, High Density residential, and a Rezoning from A, Agriculture, to R-4, Residential Multiple, upon approximately 5.1 acres of land north of Hwy. 13 and west of Silver Bell Road. The applicant anticipates developing the site in conjunction with adjacent property to the southeast which is currently guided HD and zoned R-4, resulting in a development site of 6.8 acres. Surrounding industrial and other multi-family development in the area, as well as the airport noise compatibility guidelines, support the proposed change to a land use designation of HD and zoning designation of R-4. However, any development of the property will raise concerns about site disturbance, grading in areas of steep slopes, tree removal, and the potential for erosion and detrimental impacts to nearby sensitive natural resources (e.g. river, fen). This combined with the developer's desire to provide access only using private streets via private easements, suggest that the City and/or the developer consider modifying the rezoning request to PD, Planned Development, which allows for greater flexibility in the application of the ordinance in exchange for greater creativity and environmental sensitivity. Staff believes public access to the proposed development is appropriate and, further, that the Planning Commission and City Council should consider that the time has come to upgrade Wuthering Heights Road to City standards, if development of the subject site occurs. ACTION TO BE CONSIDERED To recommend approval of a Comprehensive Guide Plan Amendment to change the land use designation from LD, Low Density residential to HD, High Density residential, upon approximately 5.1 acres located northwest of Hwy. 13 and Silver Bell Road in the SE'/4 of Section 18. To recommend approval of a Rezoning to change the zoning of the property from A, Agriculture, to R-4, Residential Multiple, residential, upon approximately 5.1 acres located northwest of Hwy. 13 and Silver Bell Road in the SE %4 of Section 18. X07 Location Map r°~ o ® y 9 S~C ® G r~~ /• ~ O P~ ~ Subiect Site _ r ;o Eagan Boundary /~ /Right-of-way LNJ Parcel Area Park Area Building Footprint ~~ ®® ~y 4 ~~ ~ ~~ ~ ~ ~~ ~~%/4~ e ~ ~ ~~ ~ ~ ~ - o s~ } ~ ~~ ©~ ~o ©© Q ~. TMu o e . d ~ 4 00 g~ °~o A 9JO ©. .p O ~© ~®®~~ a ® ~ e °~ t a' g ~+. m e c f ~ ® a ~ .~ l'7~~ 1000 0 1000 2000 Feet Development/Developer•. Basset Property Application: Comprehensive Guide Plan Amendment 8~ Rezoning Case No.: 18-CG-02-02-06 and 08-R +02-02-06 Cif of Ea a~ Community D.vdopm.nt DepaRmont N Map prepared using ERSI View 3.1. arcel base maP data Provided by Dakota County Office of GIS and is wnent as of Apd12005. W li THIS MAP IS INTENDED FOR REFERENCE USE ONLY S The City of Eagan and Dakota County do not guarantee the accuracy of this information an are not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Land Use Map Bassett Property CG Amendment Case No. 18-CG-02-02-06 Zoning Map Location I-~ 1-1 Current Zoning: A A Agriculture 1-1 PD R- -4 z~~ P PD - R-1 wo o soo tzotr F«t CGD .N, ND 13 .i~~~~~~// \ D Comprehensive Guide Plan .ND Land Use Map P Location QP BP P Current Land Use Designation: LD IND sA BP ~ LD HD P 5~ P Low Density (0-4 units/acre) sA LD O!S 1100 O 600 1200 Fat SA SA f N ND. ,3 .~~~f~// / // Parcel haso map inlormat~n p~ day~akote rattnty land Swey Deparimert Daember 2005. N Zoning ini.rmatlon maintained byGity StaK City of Eagan WE THIS MAP IS INTENDED FOR REFERENCE USE ONLY Community Development Department The City of Eagan and Dakota County do not guarantee the accurary of this information. s u a m W N O \_ '? .. ~?~-~ ~N L.L. 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ACTION TO BE CONSIDERED: To approve (OR to direct preparation of findings for denial) a Planned Development Amendment to change the approved use from restaurants to hotel, upon approximately 3 acres located southwest of Lone Oak Road and Holiday Lane subject to the conditions in the APC minutes. To approve a Final Piat (Oakview Center 2°a Addition) combining two lots into a single parcel upon approximately 3 acres, located southwest of Lone Oak Road and Holiday Lane. To approve a Vacation drainage and utility easements for Lots 1 and 2, Block 1, Oakview Center. REQUIRED VOTE FOR APPROVAL: At least three votes. FACTS: - The site is vacant and consists of two platted lots. - The applicant is proposing a 4-story 130-room hotel. - The site is located within the one-mile buffer area of the 60 dB contour, placing it within Airport Noise Policy Zone 4. Transient lodging is anticipated to be a provisional use within the Buffer Zone. As such, sound attenuation construction standards will apply. - NB setback, lot coverage and dimensional standards are satisfied. - With four stories the building height measures 50'8" to the mean roof height, and 58'8" at its highest point. This is comparable to the adjacent hotel to the west which measures 54'6" in height to the peak roof level. - The building elevations have been corrected and will be brick and EIFS in a color scheme consistent with the approved Oakview Center materials. - Parking is two stalls short of the required amount, and 9.5' wide stalls are proposed which is consistent with the Oakview Center PD. - The public hearing for the Vacation of drainage and utility easements is scheduled earlier on this agenda. The vacation pertains to existing easements on the subject site, and new drainage and utility easements will be dedicated with the new plat. - The Final Plat combines the two existing lots into a single parcel, and dedicates additional right-of--way for Lone Oak Road on the north side. The Final Plat dedicates new drainage and utility easements. n4 - The Advisory Planning Commission held a public hearing on March 28, 2006 and recommended approval of the PD Amendment and Final PD. ISSUES: - The APC added conditions that a paved fire lane be provided on the north side of the building as required by the Fire Marshal, and that the development satisfy the minimum 30% green space. By providing the required 20' wide paved fire lane, green space on the site drops to about 25%. - The applicant has been exploring ways to increase green space to compensate for the added pavement of the fire lane. They applicant reports that adding an island in the SE corner of the parking lot would gain about 800 sq. ft. of green space, and another 2,000 sq. ft. can be gained by reducing parking stall width to 9.0'. Even with these changes, the site remains at about 27.5% green space. The latest information will be shared with the City Council on Tuesday night. ATTACHMENTS (3): Draft APC Minutes of March 28, a es through Staff report, pages through Final Plat, page pis March 28, 2006 Advisory Planning Commission Minutes Page 11 E. Comfort Suites Applicant Name: Eagan Hospitality Group, Inc. Location: Lot 1 & 2, Block 1, Oakview Center, Dakota County Application: Planned Development Amendment A Planned Development Amendment to build a 4 story, 130 room hotel. File Number: 12-PA-02-01-06 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated March 21, 2006. She noted the background and history. Chair Heyl opened the public hearing. John Winzig, 710 Loan Oak Road, stated on-going concern with noise, lighting and trash affecting his property. There being no further public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Rian Gamble, Badger Midwest Holdings displayed co{or renderings and building, materials. He stated the colors will be modified to match the shopping center- He stated the only food served will be a continental breakfast. He stated with apaved-fire lane, the 30%greenspace will not be met; however, parking lot modifications can be reviewed. to meet the requirement. Susan Fussell, Engineer stated she is not sure how many stalls would need to be removed in order to meet the 30%greenspace requirement.. She discussed the.. proposed pavers that will allow for drainage. She stated on the southeast'corner of the property, it may be possible to add islands and/or reconfigure the parking to increase the greenspace. Member Gladhill stated concern_that the appearance is extremely different than the previously discussed restaurant use. Planner Dudziak stated the proposal is to amend the Planned Development and to allow for a hotel City Planner Ridley discussed the trash enclosure requirements and stated the concerned resident should contact Code Enforcement regarding the trash blowing onto his property. Mr. Gamble stated the lighting on the property is per City requirements and consistent with the development. He stated they would like to lower the lights as long as the parking lot is safe. Member Hansen moved, Member Bendt seconded a motion to recommend approval of a Planned Development Amendment to change the approved use from restaurants to hotel upon 3.0 acres located on the southwest corner of Lone Oak Road and Holiday Lane, legally described as Lots 1 and 2, Block 1, Oakview Center, in the NW '/4 of Section 12. Approval of the Planned Development Amendment also constitutes approval of the Final Planned Development subject to the following conditions as amended: 1. A Planned Development Amendment Agreement amending the Preliminary Planned Development shall be prepared and recorded at the Dakota County Recorder's Office prior to the Final Planned Development Agreement. The following plans are required for the Final Planned Development Agreement: • Site Plan 2. A Final Planned Development shall be required and an agreement be prepared and recorded at the Dakota County Recorder's Office prior to issuance of a building permit. I I~ • ~ _ .-- _...__.~ t~,.. +4,,. CLnol Plannarl r~PVP.IODment: March 28, 2006 Advisory Planning Commission Minutes Page 12 • Final Site Plan • Final Landscape Plan • Final Building Elevations • Final Signage Plan • Finai Site Lighting Plan 3. The property shall be replatted. 4. A trash enclosure shall be provided for outside trash storage. Such enclosure shall be attached to and constructed of materials to match the principal building. 5. Site lighting shall be through 400 watt metal halide fixtures pole-mounted at a height of 25 feet. All fixtures shall be downcast and shielded to prevent glare. Building mounted security lighting shall also be shielded and downcast to prevent glare. 6. Building signage shall comply with City Sign Code requirements. 7. This site is allowed one free-standing monument sign. All such signs~must be set back a minimum of 10 feet from all property lines. 8. The monument sign base shall be constructed of the same :materials used for the principal building. 9. Approval of this hotel proposal shall eliminate the "shopping center". pylon sign envisioned for the southeast corner of this site. 10. The landscape plan shall be reviewed to ensure;po large growth materials. conflict with the water line and easement, and to determine if a more suitable material can be used in the islands. Substitutions shall be made if necessary.. 11. Landscape berms to help screen parking areas shall be provided within the parking setback areas, where possible. 12. To be consistent with the Oakview Center architectural standards, the elevations shall be revised to utilize brick and decorative block in place of the synthetic stone. 13. The developer shall provide evidence of .ingress/ egress easement allowing for the proposed service drive connection with the property to the west, in a form acceptable to the City Attorney. 14. This development shall install three Category B trees to fulfill the tree mitigation obligation for Oakview Center._ 75. The fire lane on the north side. of the building shall be paved with concrete curb and gutter. 76. The development shall meet the 30% minimum green space requirement. All voted in favor. Motion carried 6-0. - ~' PLANNING REPORT CITY OF EAGAN REPORT DATE: March 21, 2006 APPLICANT: Eagan Hospitality Group, Inc. PROPERTY OWNER: Holiday Stationstores, Inc. REQUEST: Planned Development Amendment CASE: 12-PA-02-01-06 HEARING DATE: March 28.2006 APPLICATION DATE: Feb. 1, 2006 PREPARED BY: Pamela Dudziak LOCATION: SW corner of Lone Oak Road and Holiday Lane COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment ai7d Final Planned Development to change the approved use from restaurants to hotel upon 3.0 acres located on the southwest corner of Lone Oak Road and Holiday Lane, legally described as Lots 1 and 2, Block 1, Oakview Center, in the NW '/4 of Section 12. Approval of the PD Amendment constitutes simultaneous approval of the Final PD. The applicant has simultaneously applied for a Final Plat to combine the two lots into a single parcel, and a Vacation of existing drainage and utility easements along the parcel line between Lots 1 and 2. AUTHORITY FOR REVIEW 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 oftwo-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 ua Planning Report -Comfort Suites March 28, 2006 Page 2 Oakview Center was platted in 1999 and the Preliminary Planned Development for the entire site was approved at that time. The Oakview Center development consists of 81ots. The entire site «~as graded and streets and utilities installed with the initial construction in 1999. Four of the lots have been developed -Holiday, McDonald's, a hotel and a retail strip center. The other four lots remain vacant. The two parcels that comprise the subject site are currently designated for Class I restaurants in the approved Preliminary Planned Development. EXISTING CONDITIONS The site was previously graded and is vacant. There is no significant vegetation on the site. SURROUNDING USES The following existing uses; zoning, and comprehensive guide plan designations surround the subject property: Existin Use Zonin Land Use Desi nation North Vacant (residential) A, Agriculture SA/RC, Special Area/ Retail Conunercial South Holida PD, Planned Develo ment RC, Retail Commercial East Single-family home A, Agriculture SA/RC, Special Area/ Retail Commercial West Hotel PD, Planned Develo ment RC, Retail Commercial EVALUATION OF REQUEST Compatibility with Surrounding Area -This site was considered a Neighborhood Business node when the Oakview Center development plan was proposed in 1998. Under NB zoning, a hotel would not typically be allowed. Through the Planned Development zoning, specific uses were identified for all 8 lots in the development. One hotel was approved with the Preliminary Planned Development and was constructed on the adjacent property west of the subject site. The two parcels that comprise the subject site were designated for Class I restaurants. The proposed hotel use appears compatible with the surrounding uses. The single-family uses to the east and north are designated in the Comprehensive Plan to redevelop with retail commercial land uses, and such development is anticipated to be consistent with NB, Neighborhood Business, zoning. There are no other residential uses in the area that may be sensitive to a hotel use in this location. A hotel was previously deemed~suitable for the adjacent property to the west. Other uses in the area include a Class II restaurant, convenience store, and multi-tenant retail building. Remaining vacant lots within Oakview Center are approved for professional office and a daycare. Airport Noise Standards -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 iw~ Planning Report -Comfort Suites March 28; 2006 Page 3 of its~Metropolitan Development Plan that anticipates the impacts from the continued operation of the airport at its current location. Based on the Metropolitan Council Policy Contours adopted in 1996, the site is located within the one-mile buffer area of the 60 dB contour, placing it within Noise Policy Zone 4. The Met Council has recently adopted new land use compatibility guidelines, which incorporate the 2007 Noise Policy Contours. Under the new guidelines it is anticipated that transient lodging will be a provisional use within Zone 4. As such, it must comply with certain structural performance standards to be acceptable according to MS 473.192. In particular, the building plans, materials and construction should be such that they will insure an interior sound level of 50 dBA (pro~risional land use performance standards} as compared with a noise level of 64 DNL (based on the inside boundary of the noise zone). This would require an inside noise level reduction of at least 14 dBA. Site Plan -The Site Plan shows afour-story 130-unit hotel building on the northern portion of the site, with parking on the south east and west sides of the building. The building's main entrance faces south and has adrive-under canopy for check-ins and drop-offs. The trash enclosure is attached to the west side of the principal building. Access is proposed from Courthouse Lane to the across from Holiday Lane to the south, and via a shared driveway with the existing hotel to the west. Bulk Standards - As a Planned Development deviation from typical zoning bulk standards znay be allowed. Setbacks -The building is situated in the center of the site. It is placed at the minimum required 50-foot setback from Lone Oak Road, and exceeds SO feet from all other lot lines. Minimum Parking setbacks are proposed to be 20 feet from all public streets. A fire lane is proposed along the north side of the building and is set back more than 20 feet from Lone Oak Road. These setbacks are consistent with ordinance requirements. Buildi~zg Co>>er-age -The proposed building coverage is 18%. This is consistent with typical commercial district zoning standards which allow 20% - 30% coverage. Building Height -The Zoning Code does not establish a maximum height requirement for Planned Developments. The proposed four-story hotel, measures 50'8" to the mean roof height, and 58'8" at its highest point, as shown on the Exterior Elevations Plan. This amount is comparable to the adjacent hotel to the west which measures 54'6" in height to the peak roof level. Building heights that exceed the maximum requirements of the City Code (30'-35' in commercial zoning districts) are normally handled as conditional use permits (CUP). Under the terms of the Planned Development, however, the proposed building height can be accommodated without a separate CUP process. Green Space -The site data indicates green space of 31.4%. Commercial development is typically required to provide a minimum of 30%. The applicant is proposing to construct the fire lane along the north side of the building using grass pavers to satisfy green space requirements. i~ Planning Report -Comfort Suites March 28, 2006 Page 4 The pavers v~Jill support the weight of emergency vehicles if necessary, but allov,~ turf grass to grow and do not create additional runoff. Parking -City Code requires that parking be provided in the amount of one stall for each room plus one stall for each 8 rooms. This calculates to a minimum required parking amount of 146 stalls. The applicant is proposing 144 surface parking stalls. Parking stalls are proposed to be 9.5 feet v~~ide by 19 feet deep; two-way driving aisles are proposed to be 24 feet wide. While stall width is less than the 10-foot minimwm currently required by City Code, it exceeds the 9-foot width that was approved in the. Preliminary Plamled Development and was utilized in the prior Oakview Center developments. In addition, the applicant's narrative states that the dedication of additional right-of--way to Dakota County for Lone Oak Road reduced the size of the site, making it more difficult to fully meet the parking standards. Landscaping -The Landscape Plan appears to be acceptable. A variety of deciduous, evergreen and ornamental trees are proposed, with shrubs and perennial beds. Screening of parking areas from the public rights-of--way appears acceptable. Shade trees are proposed on the north side of the building. Because of the water main in this area, the plan should be reviev,~ed to ensure no large growth materials conflict with the water line and easement and substitutions should be made if necessary. Planting is also restricted along the south edge of the property due to the presence of a gas line easement. Staff has some concern with the use of shrubs in the parking lot islands. Shrubs are susceptible to damage from snow storage and thus can be difficult to maintain in an attractive and healthy condition. Staff suggests that more perennials be used in these areas because they are dormant in the winter and are not as affected by snow storage. The applicant should have the landscape architect review the plan to determine if a more suitable material can be used in the islands. Building Elevations/Architecture -The Preliminary Planned Development included four packages of building materials and color combinations for use within the Oakview Center development. The applicant is proposing to use synthetic stone and two colors of EIFS. This is not consistent with the architectural materials specified in the Preliminary Planned Development, which call for brick, decorative block, and EIFS. Synthetic stone is not an approved building material in this Planned Development and the applicant also did not identify colors for the various materials. To be consistent with the Oakview Center architectural standards, the elevations should be revised to utilize brick and decorative block in place of the synthetic stone. The proposed building azchitecture is four-story 130-unit hotel with a peaked roof line. The building design does provide variations in materials to create both horizontal and vertical elements. The long roof line is interrupted with 4 roof peaks on the front and two on the back. The plans show divided windows which add visual interest. . Site Lightu7~ -City Code requires that on-site lighting be provided as is necessary for security, safety and traffic circulation. Illumination shall be indirect and diffused or shielded. Lighting Planning Report -Comfort Suites March 28, 2006 Page 5 shall not be directed upon public rights-of--way or adjacent properties and the source of light shall not be visible from off the property. The Preliminary Planned Development included a Site Lighting plan. The approved site lighting uses 400 watt metal halide pole-mounted fixtures for parking lot lighting. Site lighting is proposed through free-standing pole-mounted lights with 400 watt metal halide flat lens shoebox type fixtures. These fixtures are to be mounted on 20' poles within the parking lot. The other Oakview Center buildings have used different fixtures, but are 400 watt metal halide and are shielded and downcast. Thus the proposed parking lot light fixture is consistent with the other buildings in this development, however, the proposed mounting height is lower at 20', the other parking lights are mounted at 25'. For consistency throughout the Planned Development, the pole-mounted fixtures should be mounted at 25'. The photometric plan shows acceptable light levels. Light levels achieve a minimum of 0.5 footcandles within the parking lots, with a high of 11.2 footcandles and an average of 3.41 footcandles. Light levels at the property lines are 0.3 footcandles. The average to minimum ratio is 3.4, suggesting fairly uniform light levels throughout the parking lot. Security lighting on the building utilizes 175 watt metal halide fixtures mounted on the exterior of the building, and recessed beneath the entrance canopy. Si~nage -The Comfort Suites is proposing building signage above the main entrance. No monument sign is proposed. The Preliminary Planned Development agreement provided for individual lot monument signs. While this site is comprised of two lots, the developer proposes to combine them into a single parcel with one building. Thus, the City Code allows only one free-standing sign per building. Airy monument sign must comply with the design criteria of the Preliminary Planned Development which is an internally illuminated sign panel on a brick base. The approved sign dimension for this site is a 5' high by 12'6" wide sign panel with a 3' high brick base. A11 free- standing signs must be set back a minimum of 10 feet from all property lines. The brick sign base was based on the brick materials for the principal building. If City officials determine that this building may utilize synthetic stone, then any monument sign should have a base constructed of the same materials used for the principal building. The Oakview Center Preliminary Planned Development also included approval of a shopping center pylon sign on the southeast corner of this site. The developer is proposing that the shopping center pylon sign envisioned in the Preliminary Planned Development be eliminated. Because the Preliminary Planned Development did not specify requirements for building signage, building signage is subject to compliance with City Sign Code requirements. Grading/ Topo~raphy -The site was graded with previous development in the area and is generally open and slopes to the south. The proposed building grade is about level with the iz3 Planning Report -Comfort Suites March 28, 2006 Paae 6 elevation of adjacent Lone Oak Road. Landscape berms to help screen parking areas should be provided within the parking setback areas, where possible. Storm Drainage -Storm sewer drainage is available via existing stone sewer pipe and pond (Pond GP-11) to the southeast of the site. Utilities -Existing sanitary sewer and water main of sufficient size, depth, and capacity are available from Courthouse Lane for connection by this development. Streets/ Access/ Circulation -Street access is proposed at two locations, one as the north leg of the Holiday Lane/ Courthouse Lane intersection, in the south-central portion of the site; and the other through a connection to the existing parking lot for the adjacent hotel lot to the west. A fire lane is required and has been provided on the north side of the building. While the site is adjacent to a public street, emergency access to the building would be hampered by overhead utility lines. The developer is proposing to utilize grass pavers for this fire lane. The Fire Marshal has indicated that the grass pavers are not acceptable for emergency access because they are usually not cleared to afford emergency access during the winter months. The fire lane on the north side should be constructed of bituminous asphalt with concrete curb and gutter. Pedestrian circulation in the area is provided by sidewalks and trails on Courthouse Lane and allows for pedestrian connections between the lots within Oakview Center. Easementsl Permits/ R~,ght-of--Way -The developer should provide evidence of ingress/ egress easement with the property to the west, allowing for the proposed service drive connection, in a form acceptable to the City Attorney. Wetlands/Water Quality -There are no jurisdictional wetlands on the site. Water quality requirements for this site were previously satisfied with the first phase of the Oakview Center development. Tree Preservation -This site is responsible for three Category B trees to fulfill its share of the tree mitigation obligation for Oakview Center. Parks and Recreation -This development is responsible for cash park and trail dedications due at the time of building permit at the rates then in effect. The 2006 rates are $5,790.00 per acre for parks and $1,251.00 per acre for trails. SUMMARY/CONCLUSION Badger Midwest is proposing to amend the Preliminary Planned Development for Lots 1 and 2, Block 1, Oakview Center by changing the approved use from two restaurants to one hotel. The proposed hotel is four-stories and 130 rooms. The use appears compatible with surrounding uses; however, the proposal includes some deviations from development standards in the Preliminary Planned Development and from typical commercial zoning standards. It is a policy iz4 Planning Report -Comfort Suites March 28, 2005 matter for City officials to determine v~~hether the proposed change in use is acceptable and whether to accept the proposed deviations as part of the Planned Development approval -- building height of 50'8"; use of different architectural materials than specified in the Preliminary Planned Development; 9.5' parking stalls; and elimination of the center pylon sign. While this proposal amends the prior Preliminary Plamled Development for this site, a Final Planned Development will be required prior to issuance of a building permit. The developer will need to review and revise the final plans to be consistent with and to provide any additional inforrnation called for in the conditions of approval of this amendment. ACTION TO BE CONSIDERED To recorrunend approval of a Planned Development Amendment to change the approved use from restaurants to hotel upon 3.0 acres located on the southwest conger of Lone Oak Road and Holiday Lane, legally described as Lots 1 and 2, Block 1, Oakview Center, in the NW '/4 of Section 12. Approval of the Planned Development Amendment also constitutes approval of the Final Planned Development. If approved the following conditions shall apply: A Planned Development Amendment Agreement amending the Preliminary Planned Development shall be prepared and recorded at the Dakota County Recorde,r's Office prior to the Final Planned Development Agreement. The following plans are required for the Final Planned Development Agreement: • Site Plan 2. A Final Planned Development shall be required and an agreement 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: • Final Site Plan • Final Landscape Plan • Final Building Elevations • Final Signage Plan • Final Site Lighting PIan The property shall be replatted. 4. A trash enclosure shall be provided for outside trash storage. Such enclosure shall be attached to and constructed of materials to match the principal building Site lighting shall be through 400 watt metal halide fixtures pole-mounted at a height of 25 feet. All fixtures shall be downcast and shielded to prevent glare. Building mounted security lighting shall also be shielded and downcast to prevent glare. Building Signage shall comply with City Sign Code requirements. ~~5 Planning Report -Comfort Suites March 28, 2006 Page 8 7. This site is allowed one free-standing monument sign. All such signs must be set back a minimum of 10 feet from all property lines. 8. The monument sign base shall be constructed of the same materials used for the principal building. 9. Approval of this hotel proposal shall eliminate the "shopping center'' pylon sign envisioned for the southeast corner of this site. 10. The landscape plan shall be reviewed to ensure no large growth materials conflict with the water line and easement. and to determine if a more suitable material can be used in the islands. Substitutions shall be made if necessary 11. Landscape berms to help screen parking areas shall be provided within the parking setback areas, where possible. 12. To be consistent with the Oakview Center architectural standards, the elevations shall be revised to utilize brick and decorative block in place of the synthetic stone. 13. The developer shall provide evidence of ingress/ egress easement allowing for the proposed service drive connection with the property to the west, in a form acceptable to the City Attorney. 14. This development shall install three Category B trees to fulfill the tree mitigation obligation for Oakview Center. iz~ ~o ~ ~ ~~,. . D ° B ~ ® 1~ ~ o. or,.r3 ~ v p D to ~ ~ S o k 9 .m ~ ~ 9 ~ U . `~~ ~ ae ~e °~a o°® 6 ~ p - ~ 9 ~ ~ Q ® 4 ® ~ ~ 4p .., ¢ ~ ® DP ®rs o ~ t''a o ~ ~ d ~ z 1000 0 1000 2000 Feet Development/Developer. Comfort Suites Application: PD Amendment and Variance Case No.: 12-PA-02-01-06 and 21-VA-04-02-06 Map Prepared using ERSI ArcYew 9.7. Parcel base map data provided ~~ N by Dakota County Office of GIS and Is wrrent as of P.pol 2005. Cit of Ea aIl THIS MAP IS INTENDED FOR REFERENCE USE ONLY' W E The Ci of Ea an and Dakota Coun do not uarantee the aceunc of this information and are tY 9 tY 9 Y g - ----°-• ^-°-~--~-.~ a...nm•nt not responsible for errors or omissions. _ _ _ Current Zoning and Comprehensive Guide Plan Land Use Map Comfort Suites PD Amendment 12-PA-02-01-06 Zoning Map w ~ PD ~t sf =ti ~'o P PF r ' Location PD Current Zoning: A PD ,~ Planned Development PD A 1_i PD ~q ~ tRUNK 1/yyY. NO. Sg 6 soo 0 6DD +zoo F»i 1-i uA I 9'~a NB -1 P ~S Comprehensive Guide Plan ~ Land Use Map 'ti. ~ SA o .¢ Loc ation .. _ . Current Land Use Designation: ~ RC SA RC IND Retail Commercial Rc sr4 TE >'NUNK NwY• NO. SS LD ~ RC a IND y~F A 600 D 600 t2DD F»l ~ 4 ~w`G / \~i• City of Eagan Parcel bare map Information prov{de~y Dakota County LandSwey Dapanmert Decmbv 2005. 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Q 111 L~ tU Y= a E S f 3 0 IPA I 1 I I Z~ i I O 1 I I I 1 a' I Z ' N I W~ I I I i Z~ i W U~ ~' w' >~ ~' Q' O' =i ~`i .,~ $~_ rs u~ o v ~~ '~j e'- ~ • UI ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ r ~ - I -" I C .. .. _. . .____ ,. .. ~ ~ ., .. ~ ~ ~ ~ ~ ~ - 1 I - / . , ,_. __. r I 1 -i - .SO,CEJI-O 1 ~' ~. ' " ' ' ~ [ ~~~-{ is /: 1 .at'i 91,ZU.0~5 -'--~ ii-.. S9 LC-l I I =~ ~~ : ~. :.:' . R e n ' ._ '' I I Q~i ^gh !! ~~~- 1 ye ' l <~ ~ ~ < ; W v , I 1 \ ~ ~ ~$ r ty "r ~ ~, ;IV/.... NJ ~~Po~~.ZS ~ ~_ ~ ;. ~ E ., ,.: ~ ~ F- U ~ -~ "a ~ ~ '. O ., .5 ~ ~: :~ _~ "~ - ,- I ~I Agenda Information Memo Apri14, 2006, Eagan City Council Meeting D. REZONING. PRELIMINARY PLANNED DEVELOPMENT AND PRELIMINARY SUBDIVISION - REVESTORS ACTION TO BE CONSIDERED: To approve (OR to direct preparation of fmdings for denial) a Rezoning from NB to PD for a mixed commercial retaiUoffice development upon approximately 9.82 acres located SE of Red Pine Lane and Hwy. 3. To approve (OR to direct preparation of findings for denial) a Preliminary Planned Development for a mixed commercial retaiUoffice development, upon approximately 9.82 acres located SE of Red Pine Lane and Hwy. 3, subject to the conditions listed in the APC minutes. To approve (OR to direct preparation of findings for denial) a Preliminary Subdivision to create two lots upon approximately 9.82 acres, with a Variance to allow a lot with <50' public street frontage, located SE of Red Pine Lane and Hwy. 3, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: At least three voteslmajority of Councilmembers present FACTS: - The site is vacant and consists of two unplatted parcels and a remnant from the construction of Red Pine Lane. - The site contains wooded areas and a wetland on the west edge; the site is separated from Hwy. 3 by railroad tracks. The existing building in the SW corner will be removed. - Three buildings are proposed with a total of 78,406 sq. ft. Building A contains a bank with adrive-through, Building C contains the anchor tenant, a grocery store. - Permitted uses in the NB district would be considered permitted and, save for the bank drive-thru and on-sale liquor in conjunction with a Class I restaurant requested at this time; any other conditional uses in NB zoning would require a PD Amendment. - Primary access to the site is via Red Pine Lane, with a service drive from Gun Club Road. - A portion of Gun Club Road is proposed to be vacated causing Lot 2 requiring a deviation for <50' frontage on a public street. - Ponding is proposed in the SW corner of the site; rain gardens are proposed throughout the parking lot for conveyance and infiltration of runoff. - De minimus wetland fill of ~94 sq. ft. is proposed. - Building architecture is reflective of a railroad depot. Materials include limestone, brick, stone, glass and slate roofs. Building C, the southerly-most building, has two 142 architectural depot elements that exceed 30 feet in height; however, the predominant building height for each of the buildings is consistent with the 30' maximum height. - A traffic study indicates that the proposed development will use the excess capacity of the signalized intersection of Red Pine Lane/Hwy. 3. As such, street improvements are conditioned as part of the approval to insure that the additional traffic will maintain an acceptable level of service. - To accommodate ultimate development in the area, additional mitigative improvements to Hwy. 3/ Red Pine Lane may be necessary to maintain an acceptable level of service. The developer has petitioned a feasibility report to study roadway improvement needs. - The Advisory Planning Commission held a public hearing on March 28, 2006 and recommended approval of all action items. ISSUES: - During the public hearing residents expressed concerns about traffic, safety, lighting, uses, pedestrian amenities, noise, and hours of operation. ATTACHMENTS (2): APC Minutes of March 28, dated through Staff report, pages through 143 March 28, 2006 Advisory Planning Commission Minutes Page 13 F. Red Pine Crossing Applicant Name: CNH Architects Location: SE 1/4 of Red Pine Lane and State Hwy 3 Application: Rezoning A Rezoning of 9.82 acres from Neighborhood Business (NB) to Planned Development (PD). File Number: 36-RZ-01-01-06 Application: Preliminary Planned Development A Preliminary Planned Development to create a mixed use neighborhood commercial development. File Number: 36-PD-05-12-05 Application: Preliminary Subdivision A Preliminary Subdivision of 9.82 acres to create 3 lots. File Number: 36-PS-02-02-06 Planner Dudziak introduced this item and highlighted the information. presented in the City Staff report dated March 21, 2006. She noted the background and history.. Wayne Hilbert, CNH Architects explained changes in the site plan that effect traffic. He stated concern that the setbacks are not appropriate on some parts of the property. Mr. Gorder stated condition number 17 is no longer required. He_stated condition 22 should be modified. He discussed the Red Pine Lane street improvements required of the developer. Chair Heyl opened the public hearing. Marybeth Wehrman, 4818 Red Pine Court; stated she is not opposed to a neighborhood business however asked the developer to listen to their concerns. She stated concern with the size and elevation of the development. She stated sidewalks and trails should be included for the residents. She stated concern for tree preservation and sign structure. She requested no sale of tobacco or liquor and that the hours of operation are restricted and a concern with future crime. She stated concern for the safety of children with the increase in traffic. Martin Vrieze, 3798 Red Pine Court; stated concern for increase in traffic from Cliff Road, the impact construction noise on the school; and `trash. Lori Swanke, 4829 Redpoll Court, stated concern with safety, increased traffic, light pollution, and ,increased crime. She suggested another access on Highway 3. Scott Grossbauer, 4820 Redpoll Court, stated concern for future traffic from development in surrounding areas of Eagan and Rosemount. Julian Bell, 4815 Red, Pine Court, stated concern for safety, value of his home, increased traffic, types of businesses, hours of operation, noise, parking, limited access, truck deliveries, increased crime, structure and design, maintenance of the wetland, and the wildlife. Jessica Grunklee, 4828 Redpoll Court, stated concern for traffic, the need for additional access from Highway 3, type of businesses, tobacco and liquor restrictions, hours of operation, and building height. There being no further public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Mr. Hilbert stated the goal of this development is to attract unique and upscale businesses. He Mated there will be a medium sized grocery store, bank, and restaurant with the rest of the , `~ ' ' -`- -' -• •• •~^ *~•~~ .r,~n~~ AipmPnts that are taller ~ `~' March 28, 2006 Advisory Planning Commission Minutes Page 14 than the 30-foot restriction support the Railroad Depot theme. He stated sidewalks are provided throughout the site. He discussed the parking lot design. He pointed out the few areas that will not meet the 30-foot setback wetland buffer policy. He stated the lighting will be shielded and will meet City standards. Aravind Gottemukkula, Traffic Engineer stated a complete traffic study was done to gauge the impact of the development.. He discussed the traffic study and stated 95% of the traffic will come from Highway 3. He also stated that under the full build-out scenario, the Highway 3/Red Pine Lane intersection will continue to function at an acceptable level. Chair Heyl asked Mr. Gottemukkula to specifically respond to residents concern that the traffic will interfere with the school. Mr. Gottemukkula, stated the increase in traffic will not impact developments to the east of the site access, particularly with the addition of a new right turn lane: for east bound Red Pine Lane, east of Highway 3. Mr. Gorder stated an additional access from Highway 3 is not possible because of an agreement with MnDOT associated with the construction and signalization of Red Pine Lane. He discussed the abandonment of Gun Club Road, save for ttie. portion dedicated to serve as a service road. Mr. Hilbert responded to a question and discussed the proposed signage. Tim Anderson, Developer stated the development is intended to be unique and upscale with a strong pedestrian feel Chair Heyl stated she likes the uniqueness and the way the buildings are distributed on the site. She stated she is in favor of 9.5`foot instead of 10 foot parking stalls to allow for additional greenspace. She suggested a better sidewalks system. She suggested the developer continue additional trees to enhance screening. She acknowledged the changes to the existing neighborhood; however; the traffic study provides evidence that an acceptable level of service will be maintained at Red Pine & Highway 3. She further stated that this proposal doesn't cause access issues biat, rather, the limited-access nature of Highway 3 drives the transportation subject. Member Bendt stated this project, especially Phase II, will bring a large improvement to the area and a needed face lift to Biscayne Avenue. Member GladhiN stated agreement with Chair Heyl and noted that the property is zoned and guided for neighborhood retail. He stated the area is going to develop and traffic is inevitable. He stated he likes the way the buildings and parking areas are broken up and the size of the stores. He stated the proposal will be an enhancement to the area. He stated concern with the architectural features exceeding 30' in height. Member Chavez moved, Member Bendt seconded a motion to recommend approval of a Rezoning from NB, Neighborhood Business to PD, Planned Development of 9.82 acres located southeast of Red Pine Lane and Hwy. 3 in the SE'/ of Section 36. All voted in favor. Motion carried 6-0. Member Chavez moved, Member Bendt seconded a motion to recommend approval of a Preliminary Planned Development to create a mixed office/retail commercial development ~ !1 March 28, 2006 Advisory Planning Commission Minutes Page 15 upon 9.82 acres located southeast of Red Pine Lane and Hwy. 3 in the SE '/4 of Section 36 subject to the following conditions: 1. The developer shall execute a Preliminary Planned Development Agreement which includes the following plans: • Site Plan Building Elevations • Site Lighting Plan Landscaping Plan Signage Plan 2. A Final Planned Development Agreement shall be executed for each building of the development. The following plans are necessary for the Final Planned Development Agreement: Final Site Plan • Final Building Elevations Final Site Lighting Plan Final Landscaping Plan Final Signage Plan 3. The property shall be platted prior to issuance of any building permits. 4. Uses permitted within the NB zoning district steal! be permitted within this development. Any use that is requires a conditional use permit in the NB zoning district, with the exception of the bank drive-through and on-sale liquor service,associated with a Class I restaurant operation, which are part of this initial proposal, shall require an amendment to the PD in lieu of a conditional use permit. - 5. Neighborhood Business setbacks shall apply to this development except as noted otherwise: • Building C may be set back 10.5' from the existing south property line abutting Gun Club Road. 6. A minimum of 30% green space shall be provided. 7. Building height shall not exceed 30', with the exception of the panel above the main .entrance and the tower on Building C which extend to 38' and 46.75' respectively. 8. Building coverage shall not exceed 20%, based on the overall site area. 9. The developer shall review the. trash storage areas to ensure they are of sufficient size to accommodate both trash and recyclable. materials containers for anticipated tenants. 10. Stacking for 5 vehicles shall be provided for each of the drive-through lanes. 11. The developer shall locate all large-growth landscaping outside of public right-of-way and easement areas. 12. The applicant shall fulfill required tree mitigation through the installation of sixty-five (65) Category B trees (or an equivalent combination of Category Aand/or Category C trees). 13. The applicant shall submit a revised Tree Preservation Plan that shows the correct 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. 14. The applicant shall contact the City Forestry Division and set up apre-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. 15. A separate landscape only plan shall be submitted prior to Final PD and Final Subdivision approval. 16. The Landscape Plan shall be revised to adjust species selection per staff report recommendations. 17. The revised Landscape Plan shall be signed by the landscape architect or certified nurseryperson who prepared it. 18. This development shall be responsible for cash parks and trails dedications payable at the March 28, 2006 Advisory Planning Commission Minutes Page 16 19. All building signage shall be subject to City Sign Code requirements and shall be limited to backlit channel letters. 20. A four-sided pylon sign structure shall be permitted at the northwest corner of the site, with signage on three sides. The center pylon shall be designed of materials to match the buildings. Sign area is limited to 125 sq. ft. on each side. 21. Free-standing monument signs shall be permitted at each entrance into the site. The monument signs shall be constructed of brick and limestone to match the buildings. The monument signs shall be subject to City Sign Code placement and size requirements. 22. Because the site apparently has an excess number of parking stalls, the developer shall redesign the stalls to the required 10' stall width. 23. The developer shall have the lighting engineer review the Site Lighting Plan to determine if adjustments can be made to improve lighting west of Building A and bring the average to minimum ratios in all parking areas to 4:1. 24. The developer shall have the lighting engineer and landscape architect review the Site Lighting Plan in conjunction with the Overall Planting Plan to`ensure that the selection of plant materials does not interfere with effective site lighting. All voted in favor. Motion carried 6-0. Member Chavez moved, Member Hansen seconded a motion to recommend approval of a Preliminary Subdivision to create three lots upon 9.82 acres located southeast of Red Pine Lane and Hwy. 3 in the SE'/4 of Section 36 subject to the following conditions as amended: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1, B3, B4, C1, C2, C4, D 1 and E 1. 2. The property shall be platted. 3. Neighborhood Business setbacks shall apply to this development except as noted otherwise: • Building C may be set back 10.5' from the existing south property line abutting Gun Club Road. 4. Building coverage shall not exceed 20%, based on the overall site area. 5. A minimum of 30% green space shall be provided. 6. Building height shall not. exceed 30 feet, with the exception of the panel above the main entrance and the tower on-Building C which extend to 38' and 46.75' respectively. 7. The developer_shall review the trash storage areas to ensure they are of sufficient size to accommodate both trash and recyclable materials containers for anticipated tenants. 8. The developer shall be responsible. for obtaining easement permission from the adjacent properties for the proposed grading. 9. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. 10. All retaining walls shall be located on private property, outside of public right-of--way, and maintained privately by property owners. 11. The developer shall submit evidence of private agreements between all properties in the subdivision, providing for long-term maintenance of the rain garden and infiltration basin areas, prior to final subdivision approval, and in a form acceptable to the City Attorney and Public Works Department. 12. The developer shall be responsible for providing a public storm drainage system within the development to accommodate the existing drainage from Biscayne Avenue, in accordance with City engineering standards. 13. This development shall extend public sanitary sewer of sufficient size, depth, and capacity through the development to serve properties south and east, in accordance with the City Comprehensive Sewer Plan (2000). 14. All existing well and septic systems on the site shall be abandoned in accordance with Dakota County and City standards as part of this development. ~ ~ I'7 March 28, 2006 Advisory Planning Commission Minutes Page 17 15. The developer shall be responsible for all necessary roadway and signal mitigative improvements on Red Pine Lane and at the Red Pine Lane/ Highway 3 intersection. The developer shall also be responsible for the dedication and acquisition of all necessary right of- way, and public and private easements to construct the mitigative improvements. 16. To provide additional distance from the development entrance to Highway 3 to improve vehicle circulation on Red Pine Lane, the entrance shall be located as far east on the property as possible. nr.~.riorFir~c 4n iJiro r4ly ~lir.n .~ri+h ~or7 Drill /~~, ~r+ -~nr~cc for! ~ir+o 1 ono 18. The developer shall locate all large-growth landscaping outside of public right-of-way and easement areas. 19. Stormwater runoff shall be treated on site via two constructed ponds., The design and construction of the treatment ponds and infiltration basins shall satisfy City standards and criteria. 20. The wetland delineation report for the site shall be approved as"submitted. 21. A minimum exemption shall be obtained to allow 94 square feet of wetland fill. 22. A average 30-foot natural vegetation buffer as provided on-the site plan shall be provided next to the wetland. _ 23. The applicant shall fulfill required tree mitigation through the installation of sixty-five (65) Category B trees (or an equivalent combination of Category Aand/or Category C trees). - 24. The applicant shall submit a revised Tree Preservation_Plan that shows the correct 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. 25. The applicant shall contact the City Forestry Division and set up apre-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. 26. A separate landscape only plan shall be submitted prior to Final PD and Final Subdivision approval 27. The Landscape Plan shall be revised to adjust species selection per staff report recommendations. - 28. The revised Landscape Plan shall be signed by the landscape architect or certified nurseryperson who prepared it. 29. This. development shall be responsible for cash parks and trails dedications payable at the time of building permifat the rates then in effect. 30. A four-sided pylon sign structure shall be permitted at the northwest corner of the site, with signage on-three sides.-The center pylon shall be designed of materials to match the buildings. Sign area is limited to 125 sq. ft. on each side. 31. Free-standing monument signs shall be permitted at each entrance into the site. The monument signs shall be constructed of brick and limestone to match the buildings. The monument signs shall be subject to City Sign Code placement and size requirements 32. Because the site apparently has an excess number of parking stalls, the developer shall redesign the stalls to the required 9.5'stall width. 33. The developer shall have the lighting engineer review the Site Lighting Plan to determine if adjustments can be made to improve lighting west of Building A and bring the average to minimum ratios in alf parking areas to 4:1. 34. The developer shall have the lighting engineer and landscape architect review the Site Lighting Plan in conjunction with the Overall Planting Plan to ensure that the selection of plant materials does not interfere with effective site lighting. All voted in favor. Motion carried 6-0. ~ ~$ PLANNING REPORT CITY OF EAGAN REPORT DATE: March 21, 2006 CASE: 3 6-RZ-0l -O l -06 36-PD-OS-I2-OS 36-PS-02-02-06 APPLICANT: Revestors PROPERTY OWNER: Revestors; HEARING DATE: March 28, 2006 APPLICATION DATE: February 9, 2006 Bill Schoenecker REQUEST: Rezoning PREPARED BY: Pamela Dudziak Preliminary Planned Development Preliminary Subdivision LOCATION: SE of Hwy. 3 and Red Pine Lane COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: NB, Neighborhood Business SUMMARY OF REQUEST Revestors is requesting approval of a Rezoning from NB, Neighborhood Business to PD, Planned Development, a Preliminary Planned Development to create a mixed officelretail commercial development, and a Preliminary Subdivision to create three lots upon 9.82 acres located southeast of Red Pine Lane and Hwy. 3 in the SE '/4 of Section 36. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. i~ Planning Report -Red Pine Crossing March 28, 2006 Page 2 C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." Planned Development: City Code Chapter 11.60, Subd. 18, A., states the intent of the Planned Development zoning district as follows: Providing greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. 15~ Planning Report -Red Pine Crossing March 28, 2006 Page 3 2. Recognizing the economic and cultural advantages that will accrue to the residents of a planned community. 3. Encouraging a more creative and efficient approach to the use of the land. 4. Encouraging the preservation and enhancement of desirable site characteristics, natural features, and open space. 5. Encouraging a development pattern that is consistent with land use density, transportation facilities and community facilities objectives of the Comprehensive Plan. BACKGROUND/HISTORY The site consists of two unplatted parcels and a small remnant parcel from the construction of Red Pine Lane. The smaller of the two parcels contains a concrete block building which was constructed in 1970. The larger of the two parcels is vacant. The property is currently zoned NB, Neighborhood Business and is designated in the Comprehensive Guide Plan for Retail Commercial land uses. Prior to 1994-95, the property was guided in the Comp Plan for residential uses. In 1980, the land use designation was R-II, Mixed Residential 3-6 units/acre. By 1988, the land use designation of the entire area east of Hwy. 3 and south of Cliff Road was changed to D=I, Single- family residential 0-3 units/acre. During the 1970s and 1980s, several industrial buildings were constructed in the adjacent Halley's Addition. Following a study of the area in 1994-95, the land use designation of the subject site and the adjacent Halley's Addition was changed to IND, Limited Industrial, creating consistency between the use, zoning and land use. In 1995, Red Pine Lane was constructed, leaving a remnant parcel of land south of the new street and east of the railroad right-of--way. In conjunction with the creation of this new intersection with Hwy. 3, the Gun Club Road intersection with Hwy. 3 was closed. With additional residential development in this part of the City, the City revisited the land use and zoning of the properties south of Red Pine Lane and east of Hwy. 3. In March 2002, following an area study in 2001, the City changed the land use designation and zoning of the properties west of Biscayne Avenue from 1ND, Limited Industrial, to RC, Retail Commercial. The property was rezoned from I-I, Limited Industrial, to NB, Neighborhood Business later in 2002. With the change in land use and zoning, existing uses became non-conforming. POTENTIAL REDEVELOPMENT/RENEWAL DISTRICT Under a Predevelopment Agreement between the Developers and the City, the parties are exploring the potential creation of a redevelopment or renewal district that could include the property being considered for development at this time. The investigation of that possibility is ongoing and, if a determination is made to proceed, that process will occur in parallel to the I51 Planning Report -Red Pine Crossing March 28, 2006 Page 4 development application review process. The purpose of the analysis is to consider whether the City should work with the developers to implement a master plan for the area that could result in the acquisition and redevelopment of some of the properties in the area that are not conforming with the current zoning and comprehensive plan for the area. The analysis has considered all of the properties bounded by Hwy 3, Red Pine Lane, Biscayne Avenue and Gun Club Road. A redevelopment or renewal district, if created, would likely involve a subset of the properties in that area. In anticipation of the prospective creation of the district, the developer is proposing the subdivision of a lot along the south side of the development. This lot would create a connection between the substandard and non-conforming properties, since such districts must be contiguous and meet findings related to lot occupancy, lot coverage and the presence of substandard structures. Site improvements that make up the lot coverage and the structures found to be substandard are present in the southern portion of the site. While this requires a configuration for a lot line that passes through a building, that situation can be addressed through building code requirements associated with zero lot line development. Relationship of TIF Findings to Subdivision -While development application review and subdivision may occur in advance of the creation of a district, construction may not occur with a district until after a district has been certified. Therefore, the two matters will be considered in parallel if it is concluded to move forward with such a district. EXISTING CONDITIONS The site consists of two unplatted parcels and a remnant parcel from the construction of Red Pine Lane. The larger parcel is vacant, the smaller parcel contains a concrete block building, and the remnant is located south of Red Pine Lane adjacent to the railroad. The site is separated from Hwy. 3 by railroad tracks. The site is open with some wooded areas and a wetland on the west edge of the property. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existin Use Zonin Land Use Desi nation North Single Family Residential R-l, Single Family Residential LD, Low Density Residential South West End Hunting and Fishin Club P, Park P, Park and Recreational Open S ace East Vacant/impound lot/ manufacturin warehouse NB, Neighborhood Business RC, Retail Commercial West Railroad/Hwy. 3 Ri ht-of--way EVALUATION OF REQUEST 15Z Planning Report -Red Pine Crossing March 28, 2006 Page 5 Description of Proposal -The applicant proposes to construct three commercial retail buildings totaling 78,406 sq. ft. on this site. The existing building on the southwest corner of the site is proposed to be removed. The primary access to the site is proposed from Red Pine Lane, and is designed to be shared with the adjacent parcel to the northeast (Lots 4 and 5, Halley's 1St Addition). Access to the service area of the southerly building is proposed from Gun CIub Road. Ultimately, a secondary access via Biscayne Avenue is anticipated. The development plan shows a "ghost plan" for future redevelopment of the three southerly parcels adjacent to the east. The retail development is expected to be anchored by a grocery store; other uses include restaurant, bank, and office. The future plan shows an additional 36,477 sq. ft. of potential office, retail, and a daycare use. Fully redeveloped, the square footage would be approximately 115,000 sq. ft. The proposed building architecture is reflective of a railroad depot. Ponding is proposed in the southwest corner of the site, and rain gardens are proposed throughout the parking lot both to convey water to the pond and to provide added infiltration and treatment for runoff. A petition to vacate the Gun Club Road right-of--way has been submitted. Assuming Gun CIub Road is vacated, public street frontage for Lot 2 would be limited. A Variance is required for lot frontage on a public street of less than 50 feet. Access to Lot 2 would be provided from Red Pine Lane via easement over Lot 1. Access to Lot 2 would be available via the remaining Gun Club Road right-of--way. Compatibilitywith Surrounding Area -The proposal appears compatible with the existing land use designation and zoning. The land use plan designation was changed to RC, Retail Commercial and the area rezoned to NB, Neighborhood Business, in 2002. Typically, a neighborhood commercial node serves aone-mile radius. Based on this standard, this area of Eagan has been underserved with regard to retail commercial service. The nearest retail commercial nodes to this site in Eagan are all approximately 2-3 miles away (Lexington Ave. and Diffley Rd.; Diffley Rd. and Hwy. 3; Ctiff Rd. and Thomas Lake Road). The RC, Retail Commercial, land use designation states that compatibility considerations vary with the type and scale of development. Specific considerations include the following: - Neighborhood commercial development should be designed at a scale compatible with nearby residential uses. - Sidewalks and trails should be provided to connect these smaller commercial developments to surrounding neighborhoods. - Larger commercial development oriented toward community-wide regional markets requires greater buffering where adjacent to lower intensity use. Such developments should also include unifying design elements to achieve an overall-cohesive appearance. - With regard to access, retail commercial uses tend to generate substantial amounts of customer traffic and require visibility and convenient access and therefore, should be located along arterial or collector roads. - Physical suitability of the land varies with the type and scale of development, but generally flat open sites with few physical constraints are desired because retail commercial uses tend to have larger building footprints and high parking needs. 153 Planning Report -Red Pine Crossing March 28, 2006 Paoe 6 Densit -The proposed development consists of three commercial buildings totaling 78,406 sq. ft. on 9.94 acres. This is made up of 69,653 sq. ft. of retail, 5,389 sq. ft. of office space, and a 3,364 sq. ft. bank. Future development on adjacent properties could include an additional 36,000 sq. ft. of office, retail and a daycare on 2.45 acres. Lots -The proposed subdivision consists of two lots. Lot 2 consists of the southerly portion of the larger vacant parcel combined with the existing parcel in the southwest corner of the development site. Lot 1 is comprised of the balance of the vacant parcel in conjunction with the remnant south of Red Pine Lane. Proposed lot sizes are: Lot 1 = 6.86 acres (312,396 sq. ft.) Lot 2 = 1.89 acres (115,157 sq. ft.) A Variance is required for Lot 2 with the vacation of Gun Club Road right-of--way. The vacation of that right-of--way would result in less than 50' of public street frontage for Lot 2. This Variance can be accommodated through the Planned Development zoning. Bulk Standards -While the City Code does not specify bulk standards for the PD zoning district, the NB standards are applicable for comparative purposes. The NB zoning district requires the following: Building Setbacks -Proposed development appears to satisfy these setbacks with few exceptions. The deviations that are proposed can be accommodated within the Planned Development. Minimum building setbacks in the NB district are: Front yard = 30 feet from Red Pine Lane, Gun Club Road and railroad right-of--way Side yard = 10 feet Rear yard = 20 feet With Buildings A and B on one lot, internal side yard setbacks do not apply. Building B is set back 30' from the railroad right-of--way on the west edge of the site (a front yard). Building A satisfies is set back 32' from the north property line adjacent to Red Pine Lane. Building C on the south end of the site is set back 10.5' from Gun Club Road. This is less than the 30' setback required from a public right-of--way, however, with the proposed vacation of the Gun Club Road right-of--way, the amount of setback required would be reduced from 30 feet to 20 feet (rear yard) and may increase the building setback from the south lot line if additional land is turned over to this site as a result of the vacation. With the creation of Lot 2 to meet the criteria for arenewal/TIF district, Building C will be set back only a few feet from the north lot line. Building C is designed for future expansion to the east, but will initially be constructed with a setback of approximately 25' from the east property line. 15y Planning Report -Red Pine Crossing March 28, 2006 Paee 7 Building Coverage -While building coverage is typically calculated on a lot by lot basis, the lot configuration in this proposed subdivision are based on existing parcel boundaries and designed in anticipation of establishing a renewal or redevelopment district. For this reason, individual lot coverage varies greatly. However, overall building coverage on the site is 18%, less than the maximum of 20% allowed in the NB zoning district. Green Space - As with building coverage, green space is typically calculated on a lot by lot basis. However, in this proposal green space is evaluated for the overall site development for the same reasons as building coverage. The development proposes an overall green space of 38%, an amount that satisfies the minimum standard of 30% required by the NB zoning district. Building Height -The NB zoning district allows a maximum building height of 30 feet. Building height is measured to the mean roof level of a pitched or hip roof, and to the highest point of a flat or mansard roof. Using this method of measurement, Building A has a height of 24.6'and Building B of 28.5'; both are consistent with the NB standards. Building C, an L-shaped building, is the largest of the three buildings. Building C also is the anchor building and as such, contains additional architectural elements reflective of its prominence in the development. The variations in roof lines also add visual interest and define sections of the building. The majority of Building C meets the NB maximum of 30'. The flat roof portion measures 29'-10" to the top of the parapet, and the pitched roof section is 29.2' The anchor tenant space (a grocery store) is proposed to have an arched panel above the main entrance which extends to 38' In addition, the tower feature, which is a focal point of the development, projects to 46.75'. These two features add to the railroad depot architectural theme and exceed the typical 30-foot height limit in the NB zoning district. Such deviations in building height can be accommodated within the Planned Development if determined to be appropriate by Ciiy officials. Trash Enclosures -The zoning ordinance requires trash enclosures to be provided where trash storage does not occur within the principal building. In commercial developments, such enclosures must be attached to the principal structure and be constructed of materials to match the principal structure with gates or doors having at least 90% opacity. Each of the three buildings has attached trash enclosures constructed of materials to match the principal building. Painted steel doors to the enclosures provide the required opacity. The developer should review the trash areas to ensure they are of sufficient size to accommodate both trash and recyclable materials containers for the anticipated tenants. Proposed Use -Retail uses for this development are not specified. The NB zoning district permits uses such as salons, copy centers, florists, gift shops, hobby shops, and off-sale liquor stores and such uses would be considered permitted here. Conditional uses in the NB zoning district include drive-through facilities, veterinary clinics, daycare facilities, Class II restaurants and on-sale liquor. The proposed development shows one drive-through facility associated with i~ Planning Report -Red Pine Crossing March 28, ?006 Page 8 the bank in Building A. The drive through can be accommodated through Planned Development approval in lieu of a conditional use permit. Three drive-through service lanes are proposed. The entrance to the drive-through service would be from the west end of the site. The drive- through lanes face south with vehicles exiting the drive-through to the south. Stacking for 5 vehicles must be provided for each of the drive-through lanes. The development shows patio areas off the west end of Building C, and the southeast end of Building B, as well as a plaza area on the east side of Building B. These areas suggest outdoor dining associated with restaurant tenants. Class I (sit-down, full-service) restaurants are permitted uses in the NB zoning district; on-sale liquor service, associated with a Class I restaurant, can be accommodated through Planned Development approval in lieu of a conditional use permit. Specific users have not been identified as of yet, however, the applicant should note that aquick-service type restaurant (i.e. deli, coffee shops, sandwich shop) will require specific approval as those uses are considered Conditional Uses in the NB zoning district. As such, they warrant additional review and specific approval within the Planned Development in lieu of a conditional use permit. Grading/Topog_raphy -The site is generally open with drainage mainly to the south and west toward an existing wetland (portion of Pond LP-23 as designated in the City Storm Water Management Plan - 2005). The preliminary grading plan identifies construction of retaining walls at the eastern property line. The developer should be responsible for obtaining easement permission from the adjacent properties for the construction of these retaining walls, if necessary. Two service drives are proposed to be extended to the east for future connection by re- development along Biscayne Avenue. The final grading plan should be revised to match existing grades of the adjacent properties to the east to allow grades of 5% or less for the proposed future service drives to the east toward Halley's 15` Addition. The developer should be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. All retaining walls should be located on private property, outside of public right-of--way, and maintained privately by property owners. Storm Water Drainage -The preliminary storm drainage plan is acceptable with modifications. Storm water runoff from the development will drain to a new storm water pond before discharging to the existing wetland (Pond LP-23) in the southwest corner of the development. The entire site lies within Drainage District L, and Pond LP-23 ultimately drains to Lebanon Hills Regional Park (LHRP). Overall post-development storm water runoff discharge rates are proposed not to exceed pre-development rates. The developer is proposing the installation of rain garden and small infiltration basins within the green space areas of the development to provide for additional storm runoff quality and quantity use Planning Report -Red Pine Crossing March 28, 2006 Page 9 control. The developer should submit evidence of private agreements between all properties in the subdivision providing for long-term maintenance of these rain garden and infiltration basin areas, prior to final subdivision approval, and in a form acceptable to the City Attorney and Public Works Department. An existing public storm sewer along the east and south edges of the property accommodates drainage from Biscayne Avenue and Gun Club Road. The developer should be responsible for providing a public storm drainage system within the development to accommodate this drainage, in accordance with City engineering standards. Utilities -The preliminary utility plan is acceptable. Public sanitary sewer of sufficient size, depth and capacity is available to the northwest from Red Pine Lane for connection and extension by development of this site. This development should extend public sanitary sewer.of sufficient size, depth, and capacity through the development to serve properties south and east, in accordance with the City Comprehensive Sewer Plan (2000). Water main of sufficient size and capacity is also available within Red Pine Lane to serve the site. All existing well and septic systems on the site should be abandoned in accordance with Dakota County and City standards as part of this development. Access/Circulation/Traffic Impacts - Access -Public street access to the development is proposed in three locations: one onto Red Pine Lane, a service drive onto Gun Club Road, and one to Biscayne Avenue with ultimate development of the properties to the east (Phase II). Internal circulation is provided within the proposed development via private service drives, as shown on the preliminary site plan. Trip Generation/ Distribution - Phase I - It is estimated that approximately 4,760 total vehicle trips per day (in/out -Source: Institute of Traffic Engineers 7`h Edition) will utilize the proposed Phase I development of the site, and detailed as follows: 23,870 SF Grocery Store 2,470 vehicle tri s 5,400 SF Office 60 45,800 SF General Retail ~ 1,800 3,400 SF Bank w/ drive-up windows ~ 430 Total -Phase I ~ 4,760 It is also estimated that the following distribution of this daily traffic from Phase I will occur: 4,520 vehicle trips (95%) - to/from west -Highway 31 Red Pine Lane 145 vehicle trips (3%) - to/from east -Red Pine Lane 95 vehicle trips (2%) - to/ from south -Biscayne Avenue 15~ Planning Report -Red Pine Crossing March 28, 2006 Paae 10 Trip Generation/ Distribution -Phase II - It is estimated that approximately 2,000 total vehicle trips per day (in/out -Source: Institute of Traffic Engineers 7`h Edition) will utilize the proposed Phase II development along Biscayne Avenue, and detailed as follows: 8,000 SF Daycare 640 vehicle tri s 14,400 SF Office 160 27,000 SF General Retail 1,200 Total -Phase II ~ 2,000 It is also estimated that the following distribution of this daily traffic from Phase II will occur: 1,900 vehicle trips (95%) - to/from west -Highway 3/ Red Pine Lane 60 vehicle trips (3%) - to/from east -Red Pine Lane 40 vehicle trips (2%) - to/ from south -Biscayne Avenue Traffic Impact - A traffic impact study was completed by the developer and reviewed by City staff analyzing the present and future operation of the Red Pine Lane/ Highway 3 intersection. The Highway 3/ Red Pine Lane intersection currently operates at overall high level of service in the peak hours with its current approach lane layout and lengths. With an estimated 95% of the traffic generated by the development originating from Highway 3, significant additional demands will be placed on this intersection. The Minnesota Department of Transportation (MNDOT) has also reviewed the proposed development and its traffic impacts (see attached MNDOT review letter). The additional traffic from the proposed development of Phase I will use the long-term excess capacity of the signalized intersection of Red Pine Lane/ Highway constructed in 1995. The additional traffic will cause operational issues and an unacceptable level of service shortly after development of Phase I, if not mitigated through street and intersection improvements. Westbound Red Pine Lane will experience the most difficulties; the stacking of westbound left turning vehicles back from Highway 3 and a very poor level of service for westbound right turning vehicles is anticipated. To accommodate this development, mitigative improvements to Red Pine Lane would be necessary to provide an acceptable level of service, including: • A dedicated right turn lane on westbound Red Pine Lane (including additional right-of- way acquisition in the northeast corner of the intersection). This is a MNDOT- recommended improvement • An extended left turn lane on westbound Red Pine Lane (for stacking to the proposed access, additional right-of--way acquisition from adjacent property in Halley's Addition) • An eastbound right turn lane along the entire development adjacent to Red Pine Lane. • Signal revisions • Railroad crossing signal revisions ' • Relocation of 8-foot pedestrian trail along south side of Red Pine Lane (w/ 8-foot boulevard) i~ Planning Report -Red Pine Crossing March 28, 2006 Paae 11 The developer should be responsible for all necessary roadway and signal mitigative improvements on Red Pine Lane and at the Red Pine Lane/ Highway 3 intersection listed above. The developer should also be responsible for the dedication and acquisition of all necessary right- of-way, and public easements to construct these mitigative improvements. Also, to provide additional distance from the development entrance to Highway 3 to improve vehicle circulation on Red Pine Lane, the entrance should be located as far east on the property as possible. These improvements will require the acquisition and dedication of additional right-of--way from the development and other properties. The preliminary plat and site plan submitted with the application does not reflect the dedication of right-of--way for the additional roadway width needed for these Red Pine Lane improvements. To accommodate ultimate development in the area, additional mitigative improvements to Highway 3/ Red Pine Lane would be necessary to provide an acceptable level of service, including: • A dual left turn lane on southbound Highway 3 • Signal revisions to accommodate the dual left turn • Railroad crossing signal revisions to accommodate the dual left tum These improvements would be the responsibility of the City and MNDOT. Gun Club Road, along the southeast edge of the site, is currently a rural section gravel road. The use of Gun Club Road by this development will require the upgrade of the roadway to City street standards with bituminous paving, concrete curb & gutter, and storm sewer. Also, with future adjacent development, a cul-de-sac bubble will be required at the west end of Gun Club Road near the southeast corner of this development site. The developer should be responsible for the upgrade of Gun Club Road, from Biscayne Avenue to the southeast corner of the development. The developer should also be responsible for the dedication of public right-of--way to accommodate the one-quarter of the future cul-de-sac within the development at the proposed west end of Gun Club Road. Easements/Permits/Right-of--Way -The developer should be responsible for obtaining private ingress/ egress easement from Lots 4 and 5, Block 1 Halley's First Addition to cover the access drive over those properties to align with Red Poll Court. The developer should provide private ingress/ egress easements to the adjacent properties within the Phase II development area along Biscayne Avenue to allow for future access/ circulation between the developments. This development should dedicate all right-of--way necessary to construct the required improvements to Red Pine Lane. Financial Obli ation - At this time, there are no pending assessments on the parcel proposed for platting. {~ Planning Report -Red Pine Crossing March 28, 2006 Page 12 Based upon a study by City staff of the financial obligations collected in the past and proposed use for the property, the total estimated charges of $139,807.00 will be collected at time of final subdivision or coruiection to the City's utility system based on the table below. The final charges will be computed using the rates in effect at time of connection or subdivision. The estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final subdivision or plat, with due allowances for easements and right-of--way requixed with the plat. These amounts do not include estimated connection charges for the properties along Biscayne Avenue included in the submitted concept plan. Im rovement Use Rate uanti Amount Sanit Sewer Trunk C/I $2,315/ac 8.55 ac $19,793.25 Sanit Sewer Lateral C/I $27.60/ F.F. 172 F.F $4,747.20 Water Trunk C/I $2,430/ ac 1.15 ac $2,804.22 Water Lateral ~ C/I $35.10/ F.F 172 F.F $2,527.20 Water Availability C/I $3,830! ac 9.7 ac $37,151.00 Storm Sewer Lateral C/I $31.33/ F.F 172 F.F $5,387.90 Storm Sewer Trunk C/I $0.159/ S.F. 406,981 S.F. $64,709.98 Water Ouality -This proposed subdivision is in the east upper end of the City's LPl-Watershed, which contains a majority of Lebanon Hills Regional Park (LHRP). Immediately downstream of the parcel is an approximate 12-acre wetland, "Gun Club Marsh" (City Pond LP-23). This is a state public water wetland (DNR#19-0309W) that drains toward Marsh Lake (DNR#19-0308W) in LHRP. The developer proposes to address City stormwater quality requirements via two constructed ponds, which would pre-treat runoff before it drains to the wetland and then to City Pond LP-23. A series of infiltration basins also is proposed to help address runoff rates and volumes. Wetlands -The wetland delineation report for the project site (Peterson Environmental Consulting, Inc.; Project No. 2004-058) identifies one wetland that is subject to the City's jurisdiction, according to the Minnesota Wetland Conservation Act (WCA). Any proposals to drain, fill, or excavate this wetland need to meet all provisions of WCA laws and rules. Originally proposing 7,650 square feet of wetland fill impacts requiring at least 15,300 square feet of wetland replacement, the developer now proposes only 94 square feet of fill impacts. MN Rules Ch. 8420.0122 Subp. 9 allow a maximum of 400 square feet of fill in this type of wetland without replacement under a so-called "de minimus" exemption. The applicant recently submitted an application for such exemption. The City must formally approve this exemption. Tree Preservation - A tree inventory submitted with this application indicates that there are six (6) significant trees and 34,056 square feet of significant woodlands located on this site. Most of the individual trees and significant woodlands are located along the west side of the property. i~ Planning Report -Red Pine Crossing March 28, 2006 Page 13 Individual tree size and species break down is as follows: one 6" oak tree, one 12" black cherry tree, one 12" and one 14" elm tree, and one 16" and one 20" poplar (cottonwood) tree. The significant woodlands are comprised mostly of softwood deciduous trees, (elm, cottonwood, and willow trees) in the three to twelve inch diameter range. The majority of these woodland trees are located within seventy (70) feet of the existing wetland in the southwest portion of the site. The development as proposed will result in the removal of a total of five (5) significant trees (83% of the total), and 25,080 square feet of significant woodlands (74% of the total). According to the City of Eagan Tree Preservation Ordinance allowable tree/woodland removal for this development is set at 40%. Required tree removal mitigation for this application calculates to sixty-five (65) Category B trees (or an equivalent combination of Category Aand/or Category C trees. The applicant has submitted a Tree Mitigation Plan that indicates the fulfillment of required tree mitigation through the installation of thirteen (13) Category A trees and forty (40) Category B trees, for an equivalent amount of sixty-six (66) trees. Staff has concerns about the feasibility of preserving significant woodlands along the east side of existing wetland, as indicated on the Tree Mitigation Plan, because proposed parking areas, buildings, and/or hard surface pedestrian areas are located literally within 1 foot of tree preservation areas. According to the City of Eagan Tree Preservation Ordinance, required tree protection measures (i.e. tree protection fencing) are required to be placed at the drip line or at the perimeter of the critical root zone (CRZ), whichever is greater, of significant woodlands to be preserved. Neither the submitted Tree Mitigation Plan, nor the Grading Plan, indicates the required placement of tree protection measures. Throughout several previous meetings with the applicant staff has provided the following recommendations to the applicant: a. Provide for additional preservation of significant woodlands located within 30-50 feet of existing wetlands. b. Revise the Tree Mitigation/Landscape Plan to provide for appropriate spacing of mitigation trees (located south of the proposed storm pond, in the extreme southwest portion of the site). To date staff has not seen any of these recommendations included on a revised development proposal. . The applicant has also been instructed that they will be required to demonstrate which "practical difficulties or practical hardships" should grant them the ability to an exception to City of Eagan Tree Preservation Ordinance allowable tree removal limits. To date staff has not seen this type of narrative on a revised development proposal. Landscaping -The City landscape ordinance requires that tree mitigation be provided in addition to required landscaping. Consequently, the Landscape Plan should stand alone and satisfy the ic~i Planning Report -Red Pine Crossing March 28, 2006 Page 14 landscape ordinance standards, absent any mitigation plantings. While the applicant submitted a Mitigation Plan separate from the overall Landscape Plan, aLandscape-only Plan was not submitted, making evaluation of this requirement more difficult. It appears that the bulk of the shade trees on the site are designated as mitigation trees, placement in parking lot islands and along the perimeter of the site. As such, it appears that some of the mitigation is provided in place of required landscaping (e.g. trees in parking islands or where screening is required). A separate Landscape-only Plan should be submitted prior to Final PD and Final Subdivision approval. The proposed Landscape Plan may need to be revised to redesignate some of the mitigation trees as landscape trees. With the amount of site area covered by wetland and ponding areas, the combined Landscape and Tree Mitigation plan appears to result in a fully planted site. Thus, such revisions to the Landscape Plan may affect the mitigation plan as the site may not then accommodate as many mitigation trees as the current plan proposes. Therefore, the tree mitigation plan should be revised accordingly and the revised plan submitted to the City prior to final subdivision approval. The landscape plan proposes a variety of trees, shrubs and perennials. The plan includes landscape features at the entrance and at the center pylon sign. The parking is located internally, with buildings situated at the perimeter of the site. Thus, most screening of parking areas from the right-of--way is accomplished through building placement rather than landscaping. Additional landscape features include rain gardens (which also provide storm water management), and a "wood trellis with brick columns and limestone wall" creating a visual focal point within the development. Parking islands have either shade trees (maple, hawthorn, linden) or ornamental trees (serviceberry). A few evergreens in parking islands should be changed to shade trees. Evergreen trees are subject to greater damage from snow storage, may interfere with vehicle doors and can obstruct visibility necessary for security and safety within a parking lot. Shade trees and ornamental trees provide shade to cool the pavement in the summer months, and branches extending overhead allowing for snow storage within the islands in the winter months, provide visibility through the lot providing for better security and safety. River birch are utilized around the rain gardens and wetland area within the site. A variety of perennials including daylilies, sedum, hosta and varieties of grasses are proposed in addition to shrubs such as chokebeny, dogwood, honeysuckle, hydrangea, juniper, and spirea. Perennials are a suitable choice for locations that are subject to winter snow storage, and provide added color and interest year around. The plans make little use of evergreen shrubs, although evergreen trees are utilized in various locations. Additional evergreen materials should be incorporated to provide more year round color. Along the south side of Building B, the pine trees may soften the appearance of the building wall as viewed across the wetland, however, staff is concerned that these trees are not well suited to the growing conditions in that location and will be crowded against the building. i~~ Planning Report -Red Pine Crossing March 28, 2006 Paee 15 Additionally, the Final Landscape Plan should be signed by the landscape architect or certified nurseryperson who prepared it. Parks and Recreation -This development is responsible for cash parks and trails dedications payable at the time of building permit at the rates then in effect. The 2006 rates are $5,790 per acre for parks and $1,251 per acre for trails. Building Architecture/Elevations -Building architecture is reminiscent of a railroad depot. Building materials include a limestone, brick, stone and glass. The roof material is slate. Details include wood trussed entry gables, copper flashing and wood soffit brackets. The double pitched mansard roofs are architecturally consistent with this theme and provide screening for rooftop mechanical equipment. Because of their visibility, Buildings A and B carry architectural elements around all sides of the building. Building C focuses architectural elements on the front facade. The south elevation of Building C is not as visible or prominent as that of Buildings A and B. While it utilizes the same brick material, the rear elevation of Building C lacks the architectural features that are found on the front and sides of that building. Si na a -City Sign Code allows two building signs on two elevations for tenants in multi-tenant buildings. One additional sign is allowed for end tenant spaces. The applicant submitted a separate document outlining the signage guidelines, along with graphic exhibits defining the sign panels on each building elevation. Individual tenant building signage is proposed on the north and south elevations of Building A, the north, east and west elevations of Building B, and the north and west elevations of Building C. The anchor tenant in Building C has a 5'0" high sign area above the main entrance, with two smaller sign panels on either side of the main entrance. Building A also has two 4'0" sign panels on the north and south elevations at the east end of the building. The remaining building sign areas are 2'6" in height. The proposed areas on the buildings for tenant signage appear to be consistent with the Sign Code. The number of signs for each tenant space, including the anchor tenant in Building C, should also comply with Sign Code requirements and will be reviewed as part of the sign permit application prior to installation for each tenant. The applicant has indicated that building signage will be limited to channel letters and "high- tech, long lasting LED light sources instead of neon." Building signs are proposed to be backlit, and only LED lighting permitted, no neon and no flashing lights. The maximum letter height is proposed to be 30"and signs are to be located directly above entrance doors. A four-sided pylon sign is proposed at the NW corner of site. The pylon "incorporates the materials and design aesthetics of the rest of the development setting the tone for the mixed use center beyond." It consists of brick support columns with a limestone base to match the materials used on the buildings and has a pitched roof to match the buildings. The pylon identifies the center name, and includes an internally lit cabinet system on three sides of the I~O3 Planning Repor[ -Red Pine Crossing March 28, 2006 Page ] 6 identification sign (pylon), divided into equal height panels for lease by individual tenants. The Sign Code limits the sign area to 125 sq. ft. on each side. A monument sign is also proposed at each entrance into the site identifying the center. The monument signs are also constructed of brick and limestone. The monuments cannot exceed seven feet in height, and the message area cannot be more than four feet in height. Parking -Number of Stalls -The parking areas are designed to be shared among the three buildings with easements across the lots for shared use and maintenance. Staff's parking calculations differ from the applicant's. A total parking requirement of 264 stalls. The applicant shows a required 302 stalls. Within the PD zoning and with a development that is designed for shared parking, the staff evaluation combined the square footage for the different uses within all three buildings, separating the uses for office, retail and bank. Staff s calculations result in a total of 264 parking stalls required for the proposed development. The breakdown is as follows: 227 stalls for retail space, ] 3 stalls for the bank, and 27 stalls for office space. By building, the 264 stalls are allocated as follows: Building A = 42 stalls Building B = 48 stalls Building C = 174 stalls According to the site plan, a total of 302 parking stalls are provided. This results in an overage of parking. With an excess number of stalls, the developer should consider redesigning the parking stalls to meet dimensional standards (see discussion below). Parking -Dimensional Standards - Ciry Code requires parking stall dimensions of 10' wide by 19' deep. Most of the parking stalls meet these dimensional standards; 44 of the parking stalls are proposed to be 9.5' x 19' and do not meet minimum size requirements. This is a deviation from City Code standards. The dimensional requirements for parking stall and drive aisles were added to the City Code in 2000. Prior to that, a 10-foot wide standard was applied in high turnover areas, such as retail parking lots, and stalls as narrow as 9 feet were allowed in low turnover parking lots, such as employee parking at a warehouse or office building. The acceptability of the proposed 9.5' wide parking stalls is a policy matter to be determined by City officials. Since the site apparently has an excess number of parking stalls, the developer should consider redesigning the stalls to meet dimensional standards. The required parking stall depth of 19 feet and two-way drive aisle width of 24 feet are satisfied. Site Lighting Plan -Site lighting is proposed to be accomplished through free-standing pole- mounted lighting. Some building mounted lighting is also proposed. Both decorative and standard fixtures are proposed. The decorative fixtures are 175 watts and the standard fixtures are 320 watts; both are metal halide. i~4 Planning Report -Red Pine Crossing March 28, 2006 Paee 17 The decorative fixtures are proposed to be both pole-mounted and building mounted using a decorative "shepherd's crook" support. The pole-mounted decorative fixtures are proposed at a 20' mounting height along the main entrance into the site, and at a 12' mounting height along pedestrian pathways and other pedestrian oriented areas. The same fixture is proposed to be building mounted along the front of Building C and all around Building B. The standard fixture is proposed to be pole mounted at a 24' height with both a single and twin head design throughout the parking lots. A building mounted version of the same fixture is proposed to illuminate the service area on the east side of Building C. Typically, minimum light levels of 0.5 foot-candles are acceptable within parking lots, and maximum light levels of not more than 1 footcandle are acceptable at the property line. The photometric plan appears to satisfy these standards with the exception of the west corner of Building A where light levels drop below 0.5 foot-candles. The Illuminating Engineering Society of North America (2003) manual suggests an average-to- minimum uniformity ratio not greater than 4:1. The average-to-minimum ratio in parking lots A and C are greater than the recommended 4:1 ratio. This suggests greater light variation throughout the lot. The site lighting plan should be reviewed and calculations clarified or lighting modified to better achieve the IESNA recommended standards. The developer also should have the lighting engineer and landscape architect review the Site Lighting Plan in conjunction with the Overall Planting Plan to ensure that the selection of plant materials does not interfere with effective site lighting. SUMMARY/CONCLUSION Revestors is requesting approval of a Rezoning from NB, Neighborhood Business to PD, Planned Development, a Preliminary Planned Development to create a mixed office/retail commercial development, and a Preliminary Subdivision to create three lots upon 9.82 acres located southeast of Red Pine Lane and Hwy. 3. The proposed development consists of three commercial retail buildings totaling 78,406 sq. ft. The existing building on the southwest corner of the site is proposed to be removed. The primary access to the site is proposed from Red Pine Lane, and is designed to be shared with the adjacent parcel to the northeast. The development plan shows a "ghost plan" for future redevelopment of the three southerly parcels adjacent to the east with a potential 36,447 sq. ft. of similar uses. Ultimately, a secondary access via Biscayne Avenue is anticipated. The retail development is expected to be anchored by a grocery store; other uses include restaurant, bank, and office. Ponding is proposed in the southwest corner of the site, and rain gardens are proposed throughout the parking lot both to convey water to the pond and to provide added infiltration and treatment for runoff. The proposed building architecture is reflective of a railroad depot. The application is largely in compliance~with NB zoning requirements. The proposed subdivision, designed to meet criteria for arenewal/TIF district, results in an odd configuration i~ Planning Report -Red Pine Crossing March 28. 2006 Page 18 and skewed calculations for bulk standards. The PD zoning can accommodate this unique situation. The Planned Development zoning allows for deviations from strict code requirements, and provides for an overall architectural design, signage plan, landscape plan, site lighting, shared parking, and other amenities to achieve an improved overall development. ACTIUN TO BE CONSIDERED To recommend approval of a Rezoning from NB, Neighborhood Business to PD, Planned Development of 9.82 acres located southeast of Red Pine Lane and Hwy. 3 in the SE'/4 of Section 36. To recommend approval of a Preliminary Planned Development to create a mixed office/retail commercia] development upon 9.82 acres located southeast of Red Pine Lane and Hwy. 3 in the SE'/4 of Section 36. Tf approved, the following conditions shall apply: The developer shall execute a Preliminary Planned Development Agreement which includes the following plans: - Site Plan - Building Elevations - Site Lighting Plan - Landscaping Plan - Signage Plan 2. A Final Planned Development Agreement shall be executed for each building of the development. The following plans are necessary for the Final Planned Development Agreement: - Final Site Plan - Final Building Elevations - Final Site Lighting Plan - Final Landscaping Plan - Final Signage Plan 3. The property shall be platted prior to issuance of any building permits. 4. Uses permitted within the NB zoning district shall be permitted within this development. Any use that is requires a conditional use permit in the NB zoning district, with the exception of the bank drive-through and on-sale liquor service associated with a Class I restaurant operation, which are part of this initial proposal, shall require an amendment to the PD in lieu of a conditional use permit. Neighborhood Business setbacks shall apply to this development except as noted otherwise: i~ Planning Report-Red Pine Crossing March 28, 2006 Page 19 Building C may be set back 10.5' from the existing south property line abutting Gun Club Road. 6. A minimum of 30% green space shall be provided. 7. Building height shall not exceed 30', with the exception of the panel above the main entrance and the tower on Building C which extend to 38' and 46.75' respectively. 8. Building coverage shall not exceed 20%, based on the overall site area. 9. The developer shall review the trash storage areas to ensure they are of sufficient size to accommodate both trash and recyclable materials containers for anticipated tenants. 10. Stacking for 5 vehicles shall be provided for each of the drive-through lanes 1 1. The developer shall locate all large-growth landscaping outside of public right-of--way and easement areas. 12. The applicant shall fulfill required tree mitigation through the installation of sixty-five (65) Category B trees (or an equivalent combination of Category Aand/or Category C trees). 13. The applicant shall submit a revised Tree Preservation Plan that shows the correct 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. 14. The applicant shall contact the City Forestry Division and set up apre-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. 15. A separate landscape only plan shall be submitted prior to Final PD and Final Subdivision approval. 16. The Landscape Plan shall be revised to adjust species selection per staff report recommendations. 17. The revised Landscape Plan shall be signed by the landscape architect or certified nurseryperson who prepared it. 18. This development shall be responsible for cash parks and trails dedications payable at the time of building permit at the rates then in effect. i~~ Planning Report -Red Pine Crossing March 28, 2006 Paoe 20 19. All building signage shall be subject to City Sign Code requirements and shall be limited to backlit channel letters. 20. A four-sided pylon sign structure shall be permitted at the northwest corner of the site, with signage on three sides. The center pylon shall be designed of materials to' match the buildings. Sign area is limited to 125 sq. ft. on each side. 21. Free-standing monument signs shall be permitted at each entrance into the site. The monument signs shall be constructed of brick and limestone to match the buildings. The monument signs shall be subject to City Sign Code placement and size requirements. 22. Because the site apparently has an excess number of parking stalls, the developer shall redesign the stalls to the required 10' stall width. 23. The developer shall have the lighting engineer review the Site Lighting Plan to determine if adjustments can be made to improve lighting west of Building A and bring the average to minimum ratios in all parking areas to 4:1. 24. The developer shall have the lighting engineer and landscape architect review the Site Lighting Plan in conjunction with the Overall Planting Plan to ensure that the selection of plant materials does not interfere with effective site lighting. To recommend approval of a Preliminary Subdivision to create three lots upon 9.82 acres located southeast of Red Pine Lane and Hwy. 3 in the SE'/4 of Section 36. If approved, the following conditions shall apply: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1, B3, B4, C1, C2, C4, D1 and El. 2. The property shall be platted. Neighborhood Business setbacks shall apply to this development except as noted otherwise: Building C may be set back 10.5' from the existing south property line abutting Gun Club Road. 4. Building coverage shall not exceed 20%, based on the overall site area. 5. A minimum of 30% green space shall be provided. 6. Building height shall not exceed 30 feet, with the exception of the panel above the main entrance and the tower on Building C which extend to 38' and 46.75' respectively. i~ Planning Report -Red Pine Crossing March 28, 2006 Paae 2I 7. The developer shall review the trash storage areas to ensure they are of sufficient size to accommodate both trash and recyclable materials containers for anticipated tenants. 8. The developer shall be responsible for obtaining easement permission from the adjacent properties for the proposed grading. 9. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. 10. A11 retaining walls shall be located on private property, outside of public right-of--way, and maintained privately by property owners. 11. The developer shall submit evidence of private agreements between all properties in the subdivision, providing for long-term maintenance of the rain garden and infiltration basin areas, prior to final subdivision approval, and in a form acceptable to the City Attorney and Public Works Department. 12. The developer shall be responsible for providing a public storm drainage system within the development to accommodate the existing drainage from Biscayne Avenue, in accordance with City engineering standards. 13. This development shall extend public sanitary sewer of sufficient size, depth, and capacity through the development to serve properties south and east, in accordance with the City Comprehensive Sewer Plan (2000). 14. All existing well and septic systems on the site shall be abandoned in accordance with Dakota County and City standards as part of this development. 15. The developer shall be responsible for all necessary roadway and signal mitigative improvements on Red Pine Lane and at the Red Pine Lane/ Highway 3 intersection. The developer shall also be responsible for the dedication and acquisition of all necessary right-of--way, and public and private easements to construct the mitigative improvements. 16. To provide additional distance from the development entrance to Highway 3 to improve vehicle circulation on Red Pine Lane, the entrance shall be located as far east on the property as possible. 17. The developer shall be responsible for obtaining private ingress/ egress easement from Lots 4 and 5, Block 1 Halley's First Addition to cover the proposed access drive over those properties, to directly align with Red Poll Court across Red Pine Lane. 18. The developer shall locate all large-growth landscaping outside of public right-of--way and easement areas. Ib9 Planning Report -Red Pine Crossing March 28, 2006 Paae 22 19. Stormwater runoff shall be treated on site via two constructed ponds. The design and construction of the treatment ponds and infiltration basins shall satisfy City standards and criteria. 20. The wetland delineation report for the site shall be approved as submitted. 21. A de minimus exemption shall be obtained to allow 94 square feet of wetland fill. 22. A minimum 30-foot natural vegetation buffer shall be provided next to the wetland. 23. The applicant shall fulfill required tree mitigation through the installation of sixty-five (65) Category B trees (or an equivalent combination of Category Aand/or Category C trees). 24. The applicant shall submit a revised Tree Preservation Plan that shows the correct 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. 25. The applicant shall contact the City Forestry Division and set up apre-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. 26. A separate landscape only plan shall be submitted prior to Final PD and Final Subdivision approval. 27. The Landscape Plan shall be revised to adjust species selection per staff report recommendations. 28. The revised Landscape Plan shall be signed by the landscape architect or certified nurseryperson who prepared it. 29. This development shall be responsible for cash parks and trails dedications payable at the time of building permit at the rates then in effect. 30. A four-sided pylon sign structure shall be permitted at the northwest corner of the site, with signage on three sides. The center pylon shall be designed of materials to match the buildings. Sign area is limited to 125 sq. ft. on each side. 31.Free-standing monument signs shall be permitted at each entrance into the site. The monument signs shall be constructed of brick and limestone to match the buildings. i~ Planning Report -Red Pine Crossing March 28, 2006 Paae 23 The monument signs shall be subject to City Sign Code placement and size requirements 32. Because the site apparently has an excess number of parking stalls, the developer shall redesign the stalls to the required 10' stall width. 33. The developer shall have the lighting engineer review the Site Lighting Plan to determine if adjustments can be made to improve lighting west of Building A and bring the average to minimum ratios in all parking areas to 4:1. 34. The developer shall have the lighting engineer and landscape architect review the Site Lighting Plan in conjunction with the Overall Planting Plan to ensure that the selection of plant materials does not interfere with effective site lighting. i7i STANDARD CONDITIONS OF PLAT APPROVAL A. FinancialObli~ations 1. This development shall accept its additional financial obligations as defined in the staff s report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of--way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of--way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage requirements. C. Plans and Specifications 1. All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. I'IZ 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedications 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for provided a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks Commission and approved by Council action. H. Other All subdivision, zoning, and other ordinances affecting this development shall be adhered to, unless specifically granted a Variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 Revised: February 2, 1993 G:Engineering/Forms/Standard Conditions of Plat Approval I'13 Eagan Boundary N Right-of-way Location Map ~ Parcel Area Park Area Building Footprint ° ~ ~ ~ A ~ ~ of mdo6o ~ 0 ~ o ~ d~ ~ ~ ~ q Cp ~ p 94PlPp 9 ~ ~ 4 Q a Q r3 ® B O ~® ~ F? O O D O P ep Q Q fDs . ~ - B c~ Q 'G70 0 99~ oe ~ P,~dd m a $ S ~ e. ~ o'° 9 ~ ®~ o ® ~ ~ Q rJ d $, W , 69Q8 ~~ © 9 ~,?' O V cl ~ g o R. o ~ B ~ ~ ~g ~ ~ © ® ~ ~ a. ~ d D d ~ ® Ci - ~- ~ ~ ~. e ® tq ~ ® ~ ® ~ ° ~ Subject -Site Oo ~ 4 O ~ ~ C1 e? O d ~ o ~ ~ O ~ ® Q 9 ~ ~ ~ / 9 -0 ° -, ® ~ ~ 4 I . ( / \\/1 o ~a o k3 g ['~ Q 4 V O ~ E ~ ® _ a 1000 D tOD0 2000 Feet Development/Developer: Red Pine Crossing Application: Rezoning and Prelim PD Case No.: 36-RZ-01-01-06 and 36-PD-05-12-05 png fin City Of ~ Map Prepared using FRSI ArcVew 3.f. Parcel base map tlata provided ~ ~ by Dakota County Office of GIS and is cunent as of April 2005. FOR REFERENCE USE ONLY TXI P S I TEN E N W~13 1jQ Q1! S MA I N D D The City of Eagan and Dakota County do not guarantee the accuracy of this information and are 5 ' - ^---~--^• not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Red Pine crossing Land Use Map Rezoning, Preliminary PD 36-RZ-01-01-06, 36-PD-05-12-05 Zoning Map a A ?O' r'`~ R-1 i ® b i or ~' ,~P '~ Location 9 Current Zoning: R-'~ -1 NB Neighborhood Business A PF NB NB t.~ R A A P coo o soo uoo r..t Comprehensive Guide Plan Land Use Map rD' L LD ® 2r ,~a~ LD ~` Location ~ D Current Land Use Designation: C Retail Commercial eP s LD g RC iND P LD P LD coo o coo tzoo s..t Pareel hasa map +nfonnadon proWde~y Oaknta fnuny LsndSwey DepanmeR Decmba 2005. /t N Loving In(otmatlon msMtained b~Cky StaK City of Ea~~Il ~ W >r THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. 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MN 55124-7580 (952) 431-4433 OFFICE (952) 431-3883 FAX COMM N0: 05018 DATE: 03/10/06 ~ D fo A C(TY SUBMITTAL SET { -; ~~ ~, ~ ~ , ~~~~L{ ~ A~ PYLON ~IC~NAC~~ ELEVATION •p-O 3/16" = I'-d' ®COPYRIGHT BY CnIH AP.CHITECTS, wC. ~ ~ ~~~ v\I.e iec~a\+voD\~\Di v.~nga\1-Dea~gn\iubn~lie~ - gene v\i: pnegs\~eeul Gn2 RLTTN A/V/caw n~ ~..:%~ $ ^ w ~wssod~ 3aia aaa ~ £,QQ J Q F-- H ^] } H U W Q 2 W F- Z w H W w F- Cq W Z d U m W Q 2 a a z w w z w z a 0 w ~~~~~ '\ --", fir. \ i ~~,/ f/ / i /"~ -------------."- - r. ,xF.C FU.EV.l. -~ I ~~u i ~~ ~. "4~- ,r C ~~ ~ ~ ~ '~~ y )~ r~. ~~I 5 ~ ``~`` ~ i !r.' r r'~ %i ~ j + ~ , ;j: p~1! ~~ ,~ ~ ~~f j j ~~~ 'i / /, -~ \~ ~ y~/; ' .~ / ~ ~ > :, \ 2 / / 9N ~~ O ~~ V~~s~ ~ ~ `~ ~~ ~s. °ss s. °k~ 4i%~ v'i F~ ~Gm G ~ s~ ~ ~ P~OQ~3 goo ~~oP K \V~ 3 `~O\~. ~ ~\v 4 7300 WEST 147TH STREET SUITE 504 APPLE VALLEY, MN 55124-7580 (952) 431-4433 RED PINE CROSSING -PLANNED DEVELOPMENT NARRATIVE: March 10, 2006 The Red Pine Crossing development is planned as a high quality mixed-use project that transforms Eagan's Southeast Redevelopment Study Area into an attractive and vital neighborhood commercial development. The project when completed will include store, restaurant, bank, office and daycare businesses that will provide much needed retail and service opportunities to the under-served residents within this part of Eagan as well as portions of adjacent communities. In addition, Red Pine Crossing transforms the under-utilized and substandard properties into a productive addition to the City of Eagan. Red Pine Crossing is planned as a two-phase project with the first phase currently being submitted as a Planned Development. However, the entire redevelopment area has been master planned in conjunction with significant city input to determine the best use for the complete district in regards to land use and utilities, as well as vehicle and pedestrian circulation. Phase I consists of three very upscale buildings totaling approximately 78,000 gross square feet of mostly retail, bank and restaurant space including a mid-size anchor tenant at the south side of the site. The mixed use nature is further enhanced by the addition of a second story office area over the retail endcap of Building C. Phase II will add an additional 45,000 gross square feet of retail, office and daycare businesses. The entire site is currently Comprehensive_Plan Guided as RC -Retail Commercial and zoned as NB - NeighborhoodBusiness which are both consistent with the uses proposed for the site. The current zoning is also appropriate for this property given the good access and visibility off of Highway 3 and as an appropriate supporting land use to the adjacent R 1 -residential developments. Other surrounding zoning includes to the east a small strip of four lots of Industrial use and the Public Facility zone created for Red Pine Elementary, and finally to the south is the Park zone that encompasses the West End Hunting and Fishing Club. Aesthetically, Red Pine Crossing harks back to the railroad architecture of the early 1900's using many depots and terminals as visual precedent for the images and detailing of the center. In their day, railroad depots and stations were vital centers of activity within a community, both socially and economically. Red Pine Crossing is envisioned as just such a place in the fabric of this modern day community. To reinforce this vitality, pedestrian paths were developed connecting all adjacent neighborhoods to each part of the site and to the central plaza. The railroad depot image is developed using a palette of durable, high quality materials including a strong limestone base in a random ashlar pattern, brick and stone columns and pilasters visually supporting the many slate roofs, and finishes with brick walls throughout. Additional detail is added with wood trussed entry gables, copper flashing, and wood soffit brackets that were so commonly found supporting the deep overhangs of depots from this era. The slate covered double pitched mansard roofs provide visual variety for each building again recalling the depot imagery, and at the same time function to fully screen the rooftop mechanical units. While these familiar materials and design elements xepeat E~~PROIECTS~050181CITV REVIEW (SITE, CUP)IPROJECT NARRATIVE DOC '~"- ~ -"' f i ~~ throughout the buildings, at the same time the facades are varied in design to breakup each building into smaller sections -each with their own visual identity. In addition the massing of the buildings gradually progresses from the northwest corner ofthe site starting with the lower bank canopy and smaller scale of building A. It builds slightly within the staggered form of Building B along Highway 3. Finally the volumes rise to the focal points of Building C with its two story tower at center of the site and the arched bow of the anchor tenant's entry. Due to the high visibility of all sides of buildings A and B, the detail level developed on the fronts of the buildings is carried around all sides. These buildings even include windows on the backs of each tenant space, a rare feature in retail design. T1~e buildings are positioned around the perimeter of the development providing the opportunity to create a central landscape that balances the needs of pedestrians and vehicles while still leaving significant room for gardens, public plazas, and a recirculating water feature. Central to the site is a series of rain gardens that are filled with perennial flowers and ornamental grasses. Special attention was given to the placement of these landscape features to visually divide the parking lot and create attractive pedestrian connections. The landscaping of the property is further articulated with the inclusion of over 150 trees and nearly 400 shrubs carefully distributed around the site to provide interest, to highlight landforms, as well as to function as screens each relative to the needs of a particular area. Finally, the site will be accented with decorative trellises, limestone seatwalls, a recirculating boulder stream, and railroad themed artifacts carefully distributed around the site and adjacent to pedestrian paths. As appropriate for a masterplan of this size, the traffic circulation to and within the site was studied to create appropriate circulation systems for the quantity of vehicles inherent to land zoned for commercial development. The project circulation included review and recommendations by a private traffic engineer, Wenck, as well as the city engineering department. While vehicle trips will understandably increase with this development when compared to vacant and minimally used land, the property has been guided for retail commercial development by the City of Eagan for a long time and public transportation routes anticipate that load. As noted in the traffic study, 95% of the trips return directly to the signal controlled intersection of Highway 3 and Red Pine Lane minimizing impact on the nearby neighborhood streets. In addition the traffic study showed that all existing public roadways will be within standard acceptable ranges for levels of service (LOS) at peak hours and recommends the addition of a 100 foot right turn lane eastbound on Red Pine Lane turning into the main entry of the development which we have added to the project. Special care was focused on the design of Red Pine Crossing to minimize the impacts of the development to the ecosystem. First, the rain gardens previously mentioned act as environmentally friendly sustainable areas to collect the waters of a typical small rain, allow them to infiltrate into the ground, and be cleaned in the process. This approach significantly reduces the rainwater runoff that leaves the site, a benefit to the entire stormwater district. Even during a heavy rain, the rain gardens provide infiltration into the soil while creating an overflow process stepping from one rain garden to the next progressing down the site contours until the rainwater enters the NURP pond created at the southwest corner ofthe property. Further, the project strives to maintain its environmentally sustainable approach by carefully redesigning the buildings and vehicle circulation plans, pushing them away from the existing wetland fully maintaining this wetland without disturbance. The parking stalls widths were also reduce by 6" to help allow for the wetland avoidance. The project also provides buffer space around EdPROIECTS\°i°I S\CITY REVIEW (SITE-. CUP)\PROJECT NARRATIV E.DOC !7 '~ the wetland ranging from a minimum of 10 feet to well over the 30 foot preferred buffer dimension. At all locations where the buffer is less than 30 foot, the area developed is graded away from the wetlands in order to not allow untreated stormwater from directly entering the pond. To further accentuate the level of quality developed within the site and buildings, the exterior signage guidelines were carefully crafted to specify consistent tenant sign placement and appropriate signage sizing. The guidelines also mandate top ofthe line individual channel letters and high-tech, long lasting LED light sources instead of neon. The signage approach culminates with the main project identification sign which incorporates the materials and design aesthetics of the rest of the development setting the tone for the mixed use center beyond. All three building of Phase I of Red Pine Crossing are scheduled for a start in spring, 2006, and be ready for tenant interior construction late in 2006. The first tenant openings would be anticipated around the second quarter of 2007. Phase II is anticipated to be incorporated into this Planned Development by an amendment process after the remaining parcels are acquired. Currently this phase is anticipated to begin in the first half of 2007, roughly following the opening of the Phase I buildings. Red Pine Crossing is well suited for the Planned Development approach since it provides a very high level of building and site detail. The benefits include the project's mixed-use nature, low impact stormwater system, wetland preservation, extensive landscaping, and top quality exterior image and finishes all within an area of the city targeted for revitalization. In summary, the developers are excited to be able to propose Red Pine Crossing as a quality and productive mixed-use development within the fabric of the City of Eagan, a vital and enjoyable community in which to live and work. We believe this project can enhance this gateway to the city both visually and through the products and services that will be available to the people of this section of the city. E:\PROJECTS105018\CITY REVIEW (SITE. CUP)\PROJECTNARRA7IVE.DOC iai 7300 WEST 147TH STREET SUITE 504 APPLE VALLEY, MN 55124-7580 (952) 431-4433 Red Pine Crossing -Signage Guidelines: Version Date: December 21, 2005 General Intent: The guidelines for signage for all buildings within this development is intended to add to the overall project image by providing a similarity for signage style, maximum letter size, and placement within each facade. City of Ewan Signage Ordinance & Permit: Each tenant shall be responsible for reviewing and meeting all requirements of the current Signage Ordinances for the City of Eagan unless the ordinance is specifically modified by the approved Planned Development version of the Red Pine Crossing -Signage Guidelines. Each tenant shall obtain a signage permit from the City of Eagan prior to installing any signage. Building Management Review: Each tenant shall submit signage plans and specifications to the building management for review and approval prior to ordering or installing any signage. Any sign that does not receive prior approval shall be removed at the tenant's sole expense. Review and approval by the building management does not release the tenant from meeting these guidelines nor from obtaining a sign permit from the City of Eagan. Building Mounted Signage: The following guidelines apply to all building mounted tenant signage: 1. Sign Type: All signage to be individual letter, channel type face illuminated signs. Letters to be 4" deep and constructed with 1"edge trim unless the letter size dictates a 2" trim. 2. Logos or Images: Branded logos or tenant specific images maybe included as part of the building mounted sign subject to building management approval and shall also be of channel type construction. 3. Lighting: The tenant name portion of the sign shall be backlit. Logos or images may or may not be backlit at the tenant's option. Lighting shall not flash or be distracting in any manner as determined solely by the building management. 4. Light Source: AlI backlit exterior signage to use LED light source, no neon lighting allowed. 5. Maximum Letter Height (All Buildings unless noted otherwise): The maximum letter vertical dimension shall be no greater than 30" overall. Lower case letters with dropped type shall not extend below the 30" maximum area. 6. Maximum Logo or Image Height (Buildings C -Anchor only): The signage for the anchor portions of Building C shall be of any height that will be contained within the signage area shown on the attached details. 7. Maximum Signage Width: The building mounted tenant sign shall not exceed the width P:\PROIECTS\20050501 B\TEXTICITY REVIEW (SITE. CUP)\SIGNAGE V?.DOC Page 1 of 4 ~~~ shown in Detail Sheets SDl through SDS depending on building location. Signage shall be centered over entry door or within allowable signage area if not at an entry. All signage must remain on the brick or cast stone surface and provide a minimum 1'-0" horizontal buffer to other building elements. 8. Signage Height from Floor: The signage shall be placed within the bands indicated for letters and for logos as shown in Detail Sheets SDl through SDS. 9. Signage Location: Each tenant shall provide a sign in the band directly above their main entrance door, unless indicated otherwise in the Detail Sheets. Tenants in Buildings A and B shall in addition provide a second sign along the back, or end for end cap leases, within the section of the building which they lease and within the space indicated for signage. Except for the Building C Anchor tenant, no tenant shall be allotted more than two exterior building mounted signs. 10. Signage Attachment and Conduit Routes: All signs shall be installed and wired by an experienced signage company hired by the tenant. All signs shall be attached into the brick or cast stone surfaces with masonry anchors connecting at mortar joints where possible and in a manor to minimize damage to the building wall system. Conduit shall be placed in holes drilled through the masonry veneer and backup wall system connecting to junction boxes within the interior of the tenant space. All conduits shall be sealed with caulking at both the masonry veneer face placed from the outside and the exterior -face of the backup wall placed from the inside through the junction box opening in a manor to maintain the moisture bamer integrity of the wall system. 11. Signage Maintenance: The tenant shall maintain their signage to be new in appearance and operation. 12. Signage Removal and Building Patching: Signs shall be removed by the tenant when their lease is expired or prior to placing new signage approved as noted above. Patching of the brick and stone veneers shall be provided by the building management's selected contractor at the tenant's sole expense. The tenant shall provide a minimum of two week's notice to the building management for sign removal and coordinate scheduling of sign replacements such that patching can occur prior to installing the new sign. Signs not zemoved at the end of a tenant's lease shall be removed by the building management at the tenant's sole expense. Main Development Identification Sign: The building management shall provide a project identification sign structure and internally lit cabinet along Highway 3. This sign will label the overall center name and will provide the opportunity for multiple individual tenant sign sections. These following guidelines apply to all tenant signage on the main development identification sign: 1. Signage System: The building management shall provide an internally lit cabinet sign system on three sides of the identification sign. The cabinet system shall remain the property of the building management. This cabinet shall be divided into full width units of equal height as shown on Detail SD6. 2. Leasing of Signage Units: All signage units will be leased based on the current rates, escalations, and terms set by the building management at the time of the tenant's lease. A tenant at time of leasing may choose to not exercise their signage lease option or to A:IPROIECTS\20Q5~05018\TEXTCITY REVIEW (SITE. CUP)~SIGNAGE V2 DDC Page 2 of 4 1 a~ downgrade their signage option to a lower priority level. 3. Priority Listing for Signage on Main Development Sign: The building management shall maintain a current listing of tenants in the order of their main development identification signage priority. The opportunity for. tenant's graphics to be placed on this sign shall be allotted a priority based on the criteria shown in Item 4 below in the order indicated. Signage units will be allotted starting from the highest priority tenant, proceeding in order down the list until all sign units have been leased. The remaining tenants shall be considered to be on a waiting list. Any ties in Priority Listing rating levels shall go to the tenant with the longest remaining building lease. During the initial leasing of these Signage units, priority will also be assigned based on the date of building lease execution. 4. Tenant Priority Criteria and Lease Period: a. Priority 1: The main Building C Anchor Tenant shall have the option to lease the top two units of all three sign sides. The Signage lease may extend the length of the tenant's building lease including extensions. b. Priority 2: Any tenant leasing 6,000 square feet or greater of rentable floor area shall have the option to lease one unit of all three sign sides. Additionally within this category, tenants with the greater leased floor area shall have priority over those with less leased floor area. The signage lease may extend the length of the tenant's building lease without extensions. c. Priority 3: Any tenant leasing at least 3,000 square feet but less than 6,000 square feet of rentable floor area shall have the option to lease one unit of all three sign sides. Additionally within this category, tenants with the greater leased floor area shall have priority over those with less leased floor area. The maximum Signage lease term shall be the end of the tenant's building lease or two (2) years, whichever is less. d. Priority 4: Any tenant leasing less than 3,000 square feet of rentable floor area shall have the option to lease one unit of all three sign sides. Additionally within this category, tenants with the greater leased floor area shall have priority over those with less leased floor area. The maximum signage lease term shall be the end of the tenant's building lease or one (1) year, whichever is less. 5. Reassignment of Signage Units: Signage units shall revert to the Priority Listing to be re- evaluated at the end of a tenant's Signage lease without the option for a Signage lease extension except for Priority 1 leases noted above. The building management shall update the Priority Listing at least quarterly, providing tenants the option to upgrade or lease any available Signage units based on the current Priority Listing ratings. Tenants may release their existing Signage unit only if they receive the opportunity through the Priority Listing process. 6. Signage Unit Graphics: The face panels for the Signage units shall be provided by the building management's selected contractor at the tenant's sole expense. The panel shall be of white translucent material. All signage graphic artwork shall be provided by the tenant for the contractor's use in manufacturing the panel. All signage shall be presented to the building management for review as previously noted. P \PROJECTS\?OOS05018\TEXi1CITY REVIEW (SITE, CUP)\SIGNAGE v7DOC Page 3 of 4 Ali. Development Entry Identification Suns: The building management shall provide Entry Identification ground signs at each development entry from a public street. No tenant signage will be allowed on these entry signs. Temporary Tenant Signage: Temporary Exterior Signage is not permitted by the tenant. Floating, Ground or Roof Mounted Si~naee and Objects: Floating, ground or roof mounted signage or marketing objects of any type are not permitted by the tenant. Exterior Seasonal Decorations: In order to maintain a uniformity of appearance within the development, exterior seasonal decorations are not permitted by the tenant but maybe provided by the building management in their sole determination of the appropriate locations and extent. P:\PROJECTS\200505018\TEXI~CITY REVIEW (SITE, CUPI~IGNAGE V2.DOC Page 4 of 4 gas Agenda Memo April 4, 2006 Eagan City Council Meeting E. PROJECT 929, RED PINE LANE/ RED PINE CROSSING STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the petition and authorize the preparation of a Feasibility Report by the City Engineer for Project 929 (Red Pine Lane/ Red Pine Crossing -Street & Utility Improvements). FACTS: • Red Pine Crossing is a preliminary subdivision, rezoning, and planned development application submitted by Revestors, Inc. on approximately 10 acres in the southeast corner of Red Pine Lane and Highway 3 in southeast Eagan. Red Pine Crossing proposes commercial development consisting of general retail, grocery, and banking uses. • Consideration of the development of Red Pine Crossing is also scheduled for consideration at the Apri14 Council meeting. • The development is estimated to generate approximately 4,500 new daily vehicle trips on Red Pine Lane with full build-out. • City staff has identified improvements to Red Pine Lane necessary to accommodate this additional traffic, and the ultimate development and re-development of the area. A proposed condition of preliminary subdivision approval requires the developer of Red Pine Crossing to be responsible for improvements to Red Pine Lane. • Another proposed condition of approval requires the developer to extend a sanitary sewer across the development for use by the development and future use by properties to the south and east of the development. • On March 27, 2006, City staff received a petition from Revestors, Inc., requesting the preparation of a Feasibility Report for the improvements to Red Pine Lane, and the extension of sanitary sewer across the development. • If the preliminary conditions of subdivision approval for the Red Pine Crossing development are approved, it would be appropriate for the City Council to receive this petition and authorize the preparation of a Feasibility Report for this project to determine the scope, cost, schedule, and method of financing for the construction of these public improvements. ATTACHMENTS: • Petition, pages ~ through . i4r„ City of Ea~aIl PETITION FOR CIT3Y USE ONLY Project No. "/ ~ Date Received ~ -~ ? "~ Presented to Council LOCATION/SUBDIVISION `~ou~-t- ~° ~ IG-~~~-( ~ ~ (~ f'!N~ LAr~~ UWe, the. undersigned, owners of the real property adjacent to ~~ 17 `(~ ~ N ~ ~ ~ ~ (Street) or within Subdivision, hereby petition for: Street Improvements ) Sanitary Sewer Water Supply Storm Sewer Street Lights Other (Explain) UWe understand that this petition does not in itself request the installation of these improvements but, rather, request the preparation of a feasibility report in which the estimated costs of these improvements will be tabulated. UWe understand that upon receipt of this petition and the preparation of the requested feasibility report, a public hearing will be held at which time we may voice our support or opposition based on the costs as prepared in said feasibility report. If the requested improvements are denied for construction at the time of public hearing, UWe hereby guarantee payment for all costs incurred in the preparation of this feasibility report. Signature of Land Owner Address of Property 1. ~~ SL ~? v~ lt-~ i l-F I Gt-h-y/~-til ~ 2. l,Ay.~iv UWe hereby waive- our rights to the public hearing and request that detail plans and specifications be prepared simultaneously and also guarantee their respective costs if the project.is not awarded. G-~v ~ ~-{ , UL . (Signature) G~/FORMS/PETITION/Feasibility Report (Dev.) IA'i 7300 WEST 147TH STREET SUITE 504 APPLE VALLEY, MN 55124-7580 (952) 431-4433 RED PINE CROSSING -PUBLIC IMPROVEMENT PETITION NARRATIVE: March 27, 2006 The Property Owners for the Red Pine Crossing development, Revestor Group 4, LLC., respectfully petition the City of Eagan for the following public facility improvements to the streets and sanitary sewer line serving our property and the surrounding neighborhood. First, we request the improvement of the addition of a sanitary sewer line that connects the current sewer line at the corner of Biscayne and Gun Club Road to the manhole downhill at the SE corner of Red Pine Lane and Highway 3. As we understand, this line is in accordance with the City Comprehensive Sewer Plan (2000). Secondly, we request several improvements to Red Pine Lane including the following items if deemed necessary by the City to meet the traffic needs of this intersection: 1. Provide an eastbound right turn lane on Red Pine Lane entering the new development. 2. Revise the signal programming on Highway 3 and Red Pine Lane as recommended by MnDOT. 3. Add an extended left turn lane on westbound Red Pine Lane. 4. If needed, the addition of a right turn lane on westbound Red Pine Lane along with the necessary right of way acquisition, railroad crossing and signal revision, and physical revision to the traffic signal required by this lane. We feel that the above sewer and street upgrades are needed to meet the needs of this growing portion of the City of Eagan and to appropriately provide public service to our property and the adjacent neighborhoods. P:\PROIECTS12005\0501 B\TEXT\CITY REVIEW (SITE, CUP)\PUBLIC IMPROVEMENT PETITION.DOC i~ Agenda Information Memo April 4, 2006, Eagan City Council Meeting F. CONDITIONAL USE PERMIT -CITY OF EAGAN COMMUNITY CENTER ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Conditional Use Permit to allow a pylon sign subject to the conditions in the APC Minutes. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: - The applicant is proposing a 10' high, 108.50 square foot pylon sign with an LED message center to allow for announcement of events and programs at the Eagan Community Center. - The applicant is proposing the existing monument sign be removed, and the pylon be placed in the same location, perpendicular to Pilot Knob Road. - The proposal appears to satisfy the Sign Ordinance bulk standards for pylon signs, and appears compatible for the proposed location. - The Sign Code does not allow text copy with moving sections or intermittent or flashing lights, except for intermittent display of time and temperature. Therefore, it is proposed the LED text copy shall not change more than twice per day to allow for display of messages pertaining to both daytime and evening events. - The APC held a Public Hearing on March 28, 2006 and are recommending approval of the CUP. 60 DAY AGENCY ACTION DEADLINE: (April 10, 2006) ATTACHMENTS (2): Draft Advisory Planning Co ' s' n Minutes o ages~~ ~ Planning Staff Report on pages through iaa March 28, 2006 Advisory Planning Commission Minutes Page 18 G.Community Center Applicant Name: City of Eagan Location: 1501 Central Parkway; Lot 1, Block 1, Eagan Central Park Application: Conditional Use Permit A Conditional Use Permit to allow a monument sign. File Number: 09-CU-01-02-06 City Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated March 1, 2006. He noted the background and history. He stated the sign base material will match the limestone on the existing sign and Community Center building. Chair Heyl opened the public hearing. There being no public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Member Gladhill stated concern with the changing-message sign setting a precedent. He recommended a larger identification sign at the existing location on Pilot Knob and the reader- board sign nearer the Community Center building. - Chair Heyl stated the message should be changed twice a day to help direct visitors and to allow for the identification of more than one event on the same day, when necessary. Member Chavez moved, Member Bendt°seconded a motion to recommend approval of a Conditional Use Permit fora 10' tall and 109 square foot pylon sign on property located at 1501 Central Parkway, (Lot 1 Block 1 Eagan Central Park) in the SE'/4 of Section 9 subject to the following conditions as amended: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, 2. An administrative Sign Permit shall be obtained from the City prior to installation of the pylon sign. 3. The existing monument sign shall be removed prior to installation of the pylon sign. 4. The pylon sign shall be placed at the current monument sign location, approximately 220' north of Centra- Parkway, as indicated on the site plan with a modification date of July 12, 205. 5. The pylon sign shall be setback a minimum of 10' from all property lines. 6. The pylon sign shall riot"gxceed_10' in height or 109 square feet in area. 7. The LED text copy shalt not change more than twice per day. 8. The LED text copy shall riot contain moving sections or intermittent or flashing lights, except for intermittent display of time and temperature. 9. The pylon sign shaA comply with all Sign Code requirements. 10. The Limestone base shall be the same as the present sign. Member Gladhill stated he will vote against because of the changing reader board. Chair Heyl agreed with Member Gladhill that, perhaps, a larger sign should be installed at the present location to maintain consistency with the area and that the new changing reader-board sign be placed nearer the Community Center entrance off of Central Parkway. vote was taken. Aye: Members Bendt, Hansen, Chavez, and Dugan. Nay: Chair Heyf and Member Gladhill. Motion carried 4-2. ~ 11/~ PLANNING REPORT CITY OF EAGAN REPORT DATE: March 1, 2006 APPLICANT: City of Eagan PROPERTY OWNER: City of Eagan REQUEST: Conditional Use Permit LOCATION: 1501 Centrai Parkway COMPREHENSIVE PLAN: SA, Special Area ZONING: P, Park CASE: 09-CU-O1-02-06 HEARING DATE: March 28, 2006 APPLICATION DATE: February 9, 2006 PREPARED BY: Mary Granley SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to allow a 10' high, 109 square foot pylon sign at 1501 Central Parkway in the SE '/4 of Section 9. AUTHORITY FOR REVIEW City Code Chapter 1 1, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific obj ectives, of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems ~i and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. The City Code allows for a pylon no greater than 27' in height and no larger than 125 square feet in area per side with approval of a Conditional Use Permit. BACKGROUND/HISTORY The Eagan Central Park development was platted in 2003. The existing monument sign was permitted and constructed in 2003. EXISTING CONDITIONS _ ~~ ; ~~. `-, i.~ .. The Eagan Central Park entrance located at the intersection of Pilot Knob Road and Central Parkway, features a curved wrought iron fence supported by five brick pillars on the northwest corner of the intersection. A "Lone Oak" tree adorns the fence to welcome guests to the entrance of the site. There is an existing 6'-3" non-illuminated monument sign located approximately 200' north of the intersection. 20Z SURROUNDING USES The site has research and development uses to the north and south, and town home and multiple residential uses to the east and west. EVALUATION OF REQUEST The applicant is proposing the pylon be placed in the same location as the existing monument sign, perpendicular to Pilot Knob Road, to afford easy viewing by both north and south-bound traffic. According to the applicant, the existing monument sign does not allow for promotion of events and programs at the Community Center. The applicant states that events continue to increase in popularity and number, and are scheduled on a daily basis throughout the year. Many events are paid, private reservations, while others are public functions. To make possible the ability to post related announcements concerning the events and programs at a highly visible location via LED message board would add efficiency to the operation of the Community Center, provide a convenience for patrons and residents, and reduce the placement ofoff-premise signs along the streets. BULK STANDARDS/DESIGN The proposed sign meets all City Code bulk standards for spacing, size, setbacks and height. The applicant is proposing adouble-faced pylon, 10' in height, 108.5 square feet in area and setback a minimum of 10' from all property lines in keeping with City Code requirements. The main (upper) portion of the sign would measure 59.5 square feet in area. The main portion of the sign would be internally-lit and contain the new City of Eagan logo placed alongside text indicating the "Eagan Commnunity Center Central Park" location. The lower portion of the sign would contain an LED message board measuring 49 square feet in area, which would be subordinate to the main portion of the sign. The three-line LED message board would be contained within an aluminum cabinet, and would provide three-lines of 9" text in a red-color to allow for easy-to-read nighttime viewing. The LED text would be changed by City staff via a modem connection, and the applicant proposes text changes twice per day to allow for display of messages pertaining to both daytime and evening events. A masonry brick would be used for the construction of the 2-foot high sign base, and would be enhanced with a modular block planter surrounding the bottom of the sign. The plantings will be consistent with other plant varieties used throughout the park site; and will visually support the vertical surfaces of the sign. ~3 SUMMARY/CONCLUSION The applicant is proposing a 10' high, 108.50 square foot pylon sign with an LED message center to allow for announcement of events and programs at the Eagan Community Center. The proposal appears to satisfy bulk standards for pylon signs in the Sign Ordinance. The proposed sign also appears compatible at the proposed location, specifically, and this area of the City, generally. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit fora 10' tall and 109 square foot pylon sign on property located at 1501 Central Parkway, (Lot 1 Block 1 Eagan Central Park) in the SE '/4 of Section 9. If approved, the following conditions should apply: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. An administrative Sign Permit shall be obtained from the City prior to installation of the pylon sign. 3. The existing monument sign shall be removed prior to installation of the pylon sign. 4. The pylon sign shall be placed at the current monument sign location, approximately 220' north of Central Parkway, as indicated on the site plan with a modification date of July 12, 2005. 5. The pylon sign shall be setback a minimum of 10' from all property lines. 6. The pylon sign shall not exceed 10' in height or 109 square feet in area. 7. The LED text copy shall not change more than twice per day. 8. The LED text copy shall not contain moving sections or intermittent or flashing lights, except for intermittent display of time and temperature. 9. The pylon sign shall comply with all Sign Code requirements. Zoo Eagan Boundary N Right-of-way Location Map ~ParcelArea O Park Area ® Building Footprint 6' d a ® ~ ® g ® e ~ ty ~ p o • ® n ' °Q § a ° P ® ® O t7 ® o °® ° ®ta ! m. ~ ~ ~ ~o ®ga ~~ ~ ~~ ~. ~ q o ® ca is 6 4 rS t9 a ® ®F2 ®~®®® ®® m o •, ~~ 1~ ~~ ®~® ® E t a ® ~ ~ ® ~®if ~ ® ~~ ® ~ ®~~ ~~ ~ p gg U ® q ®I7 ~ L~ ® ~49 ~(~ ®® if fl ~ !~ Development/Developer: City of Eagan Community Center Application: Conditional Use Permit Case No.: 09-CU-01-02-06 ~..~..~1 ect Site s T o f'Y ''w M1Aap Prepared using ERSI ArcVlew 3.1. Parcel base map data Provided iV by Dakota County Office of GIS and is current as of Apri12005. City of Ea~BIl TNIS MAP f5 INTENDED FOR REFERENCE USE ONLY W~ b The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S community ow.topment Dep.rtm•nt not responsible for errors or omissions. 0 7000 2000 Feet Current Zoning and Comprehensive Guide Plan Community Center Land Use Map Conditional Use Permit 09-CU-01-02-06 Zoning Map R-1 D RD R-1 P Location Current Zoning: R-4 P Park P P c m R-4 0 x PD 0 J ID PD ° = D _ ,'~ d ,,^ i / 7~~ u ~D LB C RD 6D0 D 600 12OD FNt Comprehensive Guide Plan Land Use Map SA t.D Location SA Current Land Use Designation: sA a SA ~ SA m x sA Special Area/Park and Recreational Open Space = sa n D i ~ _ ~Q ~ ~ _ 1% o A SA SA 6D0 0 600 120D Feat n Parcel Wse msp inlormatlon provldadby Dakota County Land Stavey DepsR~nett Deembar 2005. 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C C ~ Z~ O ~ O ~ h LL. ~- N V d N 55-3/4' :: a ~ ~o a ` I \ a 4 V V ~ LL. ~ 7 ~ N ~ N E ~ ~ `a `o o `o 3 ~ O ~ O u ~ C~ U ~ V 0 aye Y ~ R ~~ V O 4 4 ~ u '~ ~` .N~.. f lL ; ~ u < ~ m 4 Y r o ~ u R °c a O e ~~ ~. 3 P J f t '~ +, • F.y `~ WJ W zn~ .sis-s .sr _~ a Z U' F- Z lil ~ ~ 2 O O ~ n E ~ J Z W 2I3.LI~I3~ ~,~Ll[I~If1NIL~IO~ ~~d~ a~ +~ ~ ~ ~ .N ..y ~ ~ C~ ~ ~ o ~ r~` r~ S.~IJ INU~II vL/ 1 z w z 0 (/L V Z !~ V J X W CENTRAL PARK READER BOARD CONDITIONAL USE PERMIT NARRATIVE The City of Eagan is proposing the installation of a 10' x 14' pylon sign with a two sided electronic reader board. Said sign is to be located on City owned property addressed as 1501 Central Parkway. The City property is bounded on the east by Pilot Ki7ob Road. The proposed sign would replace the existing two sided monument sign and be positioned perpendicular to Pilot Knob Road so as to be visible by north and south bound Pilot Knob traffic. Due to the 10' height of the sign, it is necessary to request a Conditional Use Pernlit. The proposed sign will replace the existing, static, monument sign that identifies the property as Central Park. The proposed sign would be amulti-panel design that would continue to identify the property as Central Park but also allow for the promotion of events and programs scheduled at the nearby Eagan Community Center, also located within Central Park, via a two side electronic reader board. Events aild programs at t]ze Community Center continue to increase in popularity and number and are now scheduled on a daily basis throughout the year. Many are paid, private reservations, while others are public functions. Having the ability to make related annowlcements at a highly visible location would add efficiency to the operation be a convenience for patrons and residents. The reader board would contain three horizontal text lines of 9" characters and be controlled by City staff via a modem coiuiection. The cabinet will be steel clad with an aluminum facing into which the letters and City logo have been cut. The sign will be internally lit thereby reducing the potential for glare that may hinder passing drivers. A modular block planter will surround the bottom of the sign. The plantings will be consistent with others located on the site and aid in visually "grounding" the vertical surfaces of the sign. Because the new sign will be located in essentially the same location as the existing sign, minimal disturbance of the site will be necessary. ~ 1~ ni n on n-ri~i~ AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER APRIL 4, 2Q06 A. CALL TO ORDER B. ADOPT AGENDA P ~ C. APPROVE MINUTES D. OLD BUSINESS E. NEW BUSINESS '~ 1. SOUTHEAST EAGAN -Receive Substandard Condition Report and Request for Consideration of the Creation of Renewal and Renovation Tax Increment Financing District for a Portion of the Area Bounded by Hwy 3, Red Pine Lane, Biscayne Avenue and Gun Club Road in Southeast Eagan P• ~~ and Request that the City Council Call for a Public Hearing 2. CEDAR GROVE REDEVELOPMENT DISTRICT -Authorize Staff to Enter mto Negotiations for the Potential Acquisition of the Steve Martin Property (Former Child Care Center), 3990 Sibley Memorial Highway F. OTHER BUSINESS G. ADJOURNMENT tii Agenda Information Memo Eagan Economic Development Authority Meeting April 4, 2006 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. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the March 21, 2006 EDA meeting as presented or modified. ATTACHMENTS: • Minutes of the Mazch 21, 2006 EDA meeting on pages ~;~,~~.~-~ ~ • 212 MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota March 21, 2006 A meeting of the Eagan Economic Development Authority was held on Monday, March 21, 2006 at the Eagan Municipal Center. Present were President Geagan, Commissioner Fields, Commissioner Tilley, and Commissioner Maguire. Also present were Executive Director Hedges, Community Development Director Hohenstein, City Planner Ridley, Director of Public Works Colbert, and City Attorney Dougherty. ADOPT AGENDA Commissioner Tilley moved, Commissioner Fields seconded a motion to approve the agenda as presented. Aye: 4 Nay: 0 APPROVE MINUTES Commissioner Tilley moved, Commissioner Maguire seconded a motion to adopt a resolution approving the minutes of the March 6, 2006 meeting as presented. Aye: 4 Nay: 0 OLD BUSINESS There were no items. NEW BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT -PUBLIC HEARING TO CONSIDER THE USE OF EMINENT DOMAIN TO ACQUIRE THE CEDARVALE MALL AT THE REQUEST OF ITS OWNER Community Development Director Hohenstein discussed the proposed use of eminent domain to acquire the Cedarvale Mall at the request of its owner, Cedar Grove Properties. President Geagan opened the public hearing. Daniel Beeson, attorney representing John VanderAarde, owner of Grand Slam Sports presented a letter to the EDA expressing opposition to the City exercising the power of eminent domain to acquire Grand Slam's leasehold interests. Don May, President of Lifespan, discussed the need for a timeline in regard to when the school would have to be relocated and if the current lease would have to honored. 213 There being no further public comment, President Geagan closed the public hearing and turned discussion back to the Council. It was agreed that moving forward with the eminent domain process would provide answers to some of the tenants of the building. Commissioner Maguire moved, Commissioner Tilley seconded a motion to direct. the preparation of Findings of Fact to approve the use of eminent domain to acquire the Cedarvale Mall at the request of its owner, Cedar Grove Properties, as outlined in the Cedar Grove Redevelopment TIF Development Agreement between the City and Schafer Richardson. Aye: 4 Nay: 0 OTHER BUSINESS There was no other business. ADJOURNMENT Commissioner Fields moved, Commissioner Tilley seconded a motion to adjourn the meeting at 8:45 p.m. Aye: 5 Nay: 0 Date Deputy City Clerk tIU Agenda Memo Eagan Economic Development Authority Meeting April 4, 2006 1. SOUTHEAST EAGAN -RECEIVE SUBSTANDARD CONDITION REPORT AND REQUEST FOR CONSIDERATION OF THE CREATION OF RENEWAL AND RENOVATION TAX INCREMENT FINANCING DISTRICT FOR A PORTION OF THE AREA BOUNDED BY HWY 3, RED PINE LANE, BISCAYNE AVENUE AND GUN CLUB ROAD IN SOUTHEAST EAGAN AND REQUEST THAT THE CITY COUNCIL CALL FOR A PUBLIC HEARING ACTION TO BE CONSIDERED: To receive the substandard condition report and request from Revestors Realty for consideration of the creation of Renewal and Renovation Tax Increment Financing District for a portion of the area bounded by Hwy 3, Red Pine Lane, Biscayne Avenue and Gun Club Road in southeast Eagan and request that the City Council call for a public hearing. FACTS: • The City entered into a predevelopment agreement with Revestors and Manley Development to study the possibility of creating a redevelopment district in the southeast area of Eagan at the southeast corner of Hwy 3 and Red Pine Lane. The purpose of the agreement was to encourage the developers to identify a masterplan approach to the property and to review the substandard conditions and financial assumptions associated with the potential creation of a redevelopment district to encourage the development of the property and the redevelopment of parcels that are non-conforming with the current guide and zoning designations for the area. • The parties have worked together to prepare the necessary plans and analysis and it has been determined through a Substandard Conditions Study by LHB Associates that the area could qualify as a Renewal and Renovation District under the TIF statute, if the EDA and City Council make appropriate findings to that effect. Manley Development owns a portion of the site that would lie outside of the Renovation and Renewal District, but Revestors owns a portion of the property that meets the substandard qualifications and, as a part of its development proposal for the former Oberg property, the company has prepared a prospective masterplan for the development of the remainder of the site described to illustrate how the currently proposed portion of the Red Pine development could extend by phases into the remainder ~of the prospective District. Revestors has submitted a request for the City to consider creation of a Renovation and Renewal TIF District and to consider the use of proceeds for such a district to assist with extraordinary costs associated with the prospective 215 development and redevelopment. In order to consider such an action, the City Council will need to schedule and hold a public hearing for that purpose. The action before the EDA is to accept the request and the Substandard Conditions Report and request that the City Council, at its next meeting, consider scheduling a public hearing for that purpose. ATTACHMENTS: • Request letter on page 2~~ • Schedule of events on page ~,.) • Resolution calling for a public hearing on page 21-1 • Enclosed without page number is the LHB Substandard Conditions Report ~W ; l ~ be t'r ~ ~N. ~.l r ~ ~ y! ~40~0,~'/ Zh ~ /nevr~o o n !'~I on olQ y 216 ~~~~~'~ ~T~ = ~ -- ~,. .., -.. ,_ ,,_ I- i .,.. March 24, 2006 ]on Hoenstien Community Development Director City of Eagan 3830 Piiot Knob Road Eagan, MIV 55122 Re: Request for tax increment assistance Dear Mr. Hoenstien, We are requesting tax increment assistance toward the renewal of our property located on the Southeast corner of Highway 3 and Red Rine Lane. As previously reviewed, we have established a gap caused by redevelopment issues as well as valid redevelopment costs, in the amount of $330,000, to be reimbursed by tax increment. Please initiate the process of creating a TIF District, and work to complete it as expeditiously as possible so we can plan accordingly. Do not hesitate to contact me if you have any questions. Best regards, w ~~~~~ Tim Anderson 612-616-2111 timCc~revestors.cam ~~ SCHEDULE OF EVENTS EAGAN ECONOMIC DEVELOPMENT AUTHORITY AND THE CITY OF EAGAN CITY COUNCIL FOR THE ESTABLISHMENT OF THE DEVELOPMENT PROGRAM FOR SOUTHEAST EAGAN DEVELOPMENT DISTRICT NO.1 AND THE ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. _ (For the proposed Red Pine Crossing Redevelopment Project) (a renewal and renovation district) Fa112005 LHB reviews property and completes building inspections and blight analysis. March, 2006 City provides LBH direction to complete building inspection and blight analysis report. March 30, 2006 LHB completes building inspection and blight analysis report. Apri14, 2006 EDA receives LHB's report and requests that the City Council call for a public hearing. Apri17, 2006 Project information (property identification numbers and legal descriptions, detailed project description, maps, but/for statement, and list of sources and uses of funds) for drafting necessary documentation sent to Ehlers & Associates. Ehlers & Associates confirms with the City whether building permits have been issued on the property to be included in the TIF District. Apri118, 2006 City Council meets at 6:30 p.m. and calls for public hearing on the establishment of the Development Program for Southeast Eagan Development District No. 1 and the Establishment of Tax Increment Financing District No. _ Apri121, 2006 Project information and a copy of the Plan submitted to the County Board for review of county road impacts (at least 45 days prior to public hearing). [Ehlers will fax & mail by April 19, 2006) Apri125, 2006 Planning Commission meets at 6:30 p.m. and reviews Plans to determine if they are in compliance with City's comprehensive plan. May 5, 2006 FiscaUeconomic implications received by School Board Clerk and County Auditor (at least 30 days prior to public hearing). [Ehlers will fax & mail by May 3,1006) May 16, 2006 EDA considers the Plans. May 20, 2006 Date of publication of hearing notice and map (at least 10 days but not more than 30 days prior to hearing). [Ehlers will a-mail to Thisweek Eagan by May 16, 2006.) June 6, 2006 City Council holds public hearing at 6:30 p.m. on the establishment of the Development Program for Southeast Eagan Development District No. 1 and the Establishment of Tax Increment Financing District No. _, and passes resolution approving the T1F District. [Ehlers will a-mail Council packet information by May 31, 2006) 2006 City authorizes Ehlers to request certification of the TIF District. 2006 Ehlers & Associates requests certification of the TIF District from the state and county. " The County Board, by law, has 45 days to review the plan to determine if any county roads will be impacted by the development Please be aware that the County Board could Gaim that tax increment should be used for county roads. An action under subdivision 1, paragraph (a), contesting the validity of a determination by an authority under section 469.175, subdivision 3, must be commenced within the later oF. (1) 180 days aRer the municipality's approval under section 469.175, subdivision 3; or (2) 90 days after the request for cer6ficafion of the district is filed with the county auditor under section 469.177, subdivisionl. EHLERS ~'~ i AESOGI~TEE INi EAGAN ECONONIIC DEVELOPMENT AUTHORITY CITY OF EAGAN DAKOTA COUNTY, STATE OF MINNESOTA RESOLUTION NO. RESOLUTION REQUESTING THE CITY COUNCIL OF THE CITY OF EAGAN CALL. FOR A PUBLIC HEARING ON THE ESTABLISHMENT OF SOUTHEAST EAGAN DEVELOPMENT DISTRICT NO.1 AND THE ESTABLISHMENT OF A TAX INCREMENT FINANCING DISTRICT FOR THE RED PINE CROSSING PROJECT (A RENEWAL AND RENOVATION DISTRICT). BE TT RESOLVED, by the Board of Commissioners (the "Board") of the Eagan Economic Development Authority, Minnesota (the "EDA") as follows: WHEREAS, the EDA is proposing to establish Southeast Eagan Development District No. 1 and a tax increment financing district for the Red Pine Crossing project, pursuant to, and in accordance with, Minnesota Statutes, Sections 469.174 to 469.1799 and Sections 469.090 through 469.1082, inclusive, as amended, in an effort to encourage the development and redevelopment of certain designated areas within the City; NOW, THEREFORE BE I'T RESOLVED by the Board as follows: 1. The EDA hereby requests that the Council call for a public hearing on June 6, 2006 to consider the proposed adoption of a Development Frogram for Southeast Eagan Development District No. 1 and the proposed adoption of a Tax Increment Financing Plan for the Red Pine Crossing project (collectively, the "Program and Plan") and cause notice of said public hearing to be given as required bylaw. 2. The EDA directs the Executive Director to transmit copies of the Program and Plan to the Planning Commission of the City and requests the Planning Commission's written opinion indicating whether the proposed Program and Plan are in accordance with the Comprehensive Plan of the City, prior to the date of the public hearing. - 3. The Executive Director of the EDA is hereby directed to submit a copy of the Program and Plan to the Council for its approval. 4. The EDA directs the Executive Director to transmit the Program and Plan to the county and the school district(s) in which Tax Increment Financing District for the Red Pine Crossing project is located not later than May 5, 2006. 5. Staff and consultants are authorized and directed to take all steps necessary to prepare the Program and Plan and related documents and to undertake other actions necessary to bring the Program and Plan before the Council. Approved by the Board on Apri14, 2006 ATTEST: Chair 219 Agenda Memo Eagan Economic Development Authority Meeting April 4, 2006 2. AUTHORIZE STAFF TO ENTER INTO NEGOTIATIONS WITH THE PROPERTY OWNER FOR THE POTENTIAL ACQUISITION OF STEVE MARTIN PROPERTY (FORMER CHILD CARE CENTER), 3990 SIBLEY MEMORIAL HIGHWAY ` ACTION TO BE CONSIDERED: To authorize negotiations for the possible acquisition of the Steve Martin Property (Former Child Care Center), 3990 Sibley Memorial Highway as a voluntary sale to the EDA for future redevelopment purposes. FACTS: The City has taken steps to bring about the redevelopment of the Cedar Grove Redevelopment Area, including public improvements, environmental reviews, comprehensive plan and zoning modifications and the execution of development agreements that are resulting in the construction of new private development consistent with the City's plans. At the present time, the City is working with Ryland and Schafer Richardson as the master developer of the core redevelopment area to initiate the next phases of the redevelopment. While most property acquisitions in the past have been in anticipation of a specific redevelopment plan for a portion of the area, the City has also considered the voluntary acquisition of properties in which there is a willing seller. The City has been approached by Steve Martin, owner of the former child care center property at 3990 Sibley Memorial Highway. Staff is requesting authorization from the EDA and City Council to enter into negotiations with Mr. Martin to purchase the property. ATTACHMENTS: • Request letter on page ~_ ZZo March 21, 2006 Jon Hohenstein Community Development Director 3830 Pilot Knob Road Eagan, MN 55122 Dear Jon, Thank you for taking the time to meet with me last Friday. I found the information shared by Bob Bauer and you interesting and informative. I visited with my wife this past weekend regarding her interest in our entering negotiations with the City of Eagan. She and I agreed that we would enter "good faith" negotiations regarding our property in Eagan. Therefore I am writing this letter to request the process for property acquisition at 3990 Sibley Memorial Highway begin. Thank you for your efforts. Sincerely, ._ cc: Bob Bauer Agenda Information Memo Eagan Economic Development Authority Meeting April 4, 2006 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. zu ~Z V LLQ I~ Q `_ r O N V ~L .~.A~ YI C s O N ++ Q ~ a' Oa ~ ~ Q CL `V 3 as c ® 8 °c_g u'i ~ E a ~"e o to aE ~ o c° E q ~ ° m m m i ~ ~ 7 x° ° a m A ~ o~ 99= i ~ w i 9 _ ~c'u n N ~ v ~ ~ _ E r y 6 g ~ O ~ ~ L C 'O '~ ± v n ~ E ~ ~ m y m ~ ~ ;e a y m - -~z ~m'$~ W m ~ ~ rn ~ E v a c G a a u° u ~`em° -'o$ ~ = 3 m ~ - 'C j O ~ L L ~ v `o m m Y a c T V V m o ~ .. ~ c a d v m ~ X ~ ff 6 '~ ~ m O u e°E.. 25 c `m ggg n b ~ V K ~' ~ r p~ L O ~ V m M W m % m N w a r ~ _ a C V H h 7 p ~ C O m C $ E ~ ~ $ ~ ~ ~ i v V a° E m m y pi A ~s 'o $ +~y O 'a E u F LL ~ - ~ • Vl N ... N f 3 ~ s ~ s ~ ~ ~ w ~ w ffi w ~ ~, _ .e .e - .a 'E" _ 8 ~ 8 8 E ~ g ? g ~ g ~ ~ ~ E E < a' a' ~ $ & F ~ o 8 n ~ .a ~ .~ m ~ m `~ ~ g m ~ ~ ~ ~ ~ ~ U U ~ b ~ ~ o ' a .e m a ~ s ~ m' ~ . x __ F ,~ F ~ 3 m a m m m ~ W f ~ E Y ~i S m $ 8 H 8 8 8 8 ~ S 8 8 f o ~ ~ ~ 8 8 LL~ Hy Q U O ~ F 0 m ~i O z° m 0 a` x J REPORT OF INSPECTION PROCEDURES AND RESULTS FOR DETERMINING QUALIFICATIONS OF A TAX INCREMENT FINANCING DISTRICT AS A RENEWAL AND RENOVATION DISTRICT Southeast Eagan TIF District Eagan, Minnesota LHB Project No. 050393.10 March 31, 2006 Prepared For The City of Eagan Prcparcd by LHB, Inc. 250 Third Avenue North, Suite 450 Minneapolis, Minnesota 55401 TABLE OF CONTENTS Page PART 1 Executive Summary ...............................................................................3 Purpose of Evaluation ................................................................3 Scope of Work ...........................................................................3 Conclusion .................................................................................4 PART 2 Minnesota Statute 469.174, Subdivision l0a Requirements .................4 PART 3 Procedures Followed ..............................................................................6 PART 4 Findings ..................................................................................................6 A. Coverage Test ............................................................................6 B. Condition of Building Test ........................................................8 1. Replacement Cost ................................................................8 2. Code Deficiencies ................................................................8 3. System Condition Deficiencies ............................................9 C. Distribution of Substandard Structures ....................................11 PART 5 Team Credentials .................................................................................1 Z APPENDIX A Property Condition Assessment Summary Sheet APPENDIX B Building Code and Condition Deficiencies Reports APPENDIX C Property Condition Assessment Code Deficiency Cost Reports Photographs Page 2 PART 1-EXECUTIVE SUMMARY PURPOSE OF EVALUATION LHB was hired by the City of Eagan to inspect and evaluate the properties within a Tax Increment Financing Renewal and Renovation District ("TIF District") proposed to be established by the City. The proposed TIF District is located in the City of Eagan, in a general area bounded by State Highway 3 (South Robert Trail), Red Pine Lane, Biscayne Avenue and Gun Club Road (Diagram 1). The purpose of LHB's work was to determine whether the proposed TIF District meets the statutory requirements for coverage, and whether three buildings on seven parcels, located within the proposed TIF District, meet the qualifications required for a Renewal and Renovation District. Diagram 1-Proposed TIF District SCOPE OF WORK The proposed district consists of seven (7) parcels with three (3) industrial structures. All of the buildings in the proposed district received an on-site interior and exterior inspection. The buildings were inspected in October 2005. Building code and Condition Deficiency reports for each building inspected by LHB are located in Appendix B. Page 3 CONCLUSION After inspecting and evaluating the properties within the proposed TIF District and applying current statutory criteria for a Renewal and Renovation District under Minnesota Statutes, Section 469.174, Subdivision 10a, it is our professional opinion that the proposed TIF District qualifies as a Renewal and Renovation District. The remainder of this report describes our process and findings in detail. PART 2 -MINNESOTA STATUTE 469.174, SUBDIVISION l0a REQUIREMENTS The properties were inspected in accordance with the following requirements under Minnesota Statutes, Section 469.174, Subdivision 10(c), which states: Interior Inspection "The municipality may not make such determination [that the building is structurally substandard] without an interior inspection of the property..." Exterior Inspection and Other Means "An interior inspection of the property is not required, if the municipality finds that (1) the municipality or authority is unable to gain access to the property after using its best efforts to obtain permission from the party that owns or controls the property; and (2) the evidence otherwise supports a reasonable conclusion that the building is structurally substandard." Documentation "Written documentation of the findings and reasons why an interior inspection was not conducted must be made and retained under section 469.175, subdivision 3(1)." Qualification Requirements Minnesota Statutes, Section 469.174, Subdivision 10 (a) (1) requires two tests for occupied parcels: A. Coverage Test ..."parcels consisting of 70 percent of the area of the district are occupied by buildings, streets, utilities, or paved or gravel parking lots" The coverage required by the parcel to be considered occupied is defined under Minnesota Statutes, Section 469.174, Subdivision 10(e), which states: "For purposes of this subdivision, a parcel is not occupied by buildings, streets, utilities, or paved or gravel parking lots unless 15 percent of the area of the parcel contains building, streets, utilities, or paved or gravel parking lots." B. Condition of Buildings Test ..."and 20 percent of the buildings are structurally substandard; and 30 percent of the other buildings require substantial renovation or clearance to remove existing conditions such as: inadequate street layout, incompatible uses or land use relationships, overcrowding of buildings on the land, excessive dwelling unit density, obsolete Page 4 buildings not suitable for improvement or conversion, or other identified hazards to the health, safety, and general well-being of the community." Structurally substandard is defined under Minnesota Statutes, Section 469.174, Subdivision 10(b), which states: "For purposes of this subdivision, `structurally substandard' shall mean containing defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance." Definition of Substantial Renovation Because "Substantial renovation" can mean different things to different people, LHB has attempted to clarify exactly what we consider to be "substantial renovation" as it relates to Minnesota Statutes, Section 469.174, Subdivision 10(a) (1). a. First we researched national standards as to how much building owners should budget for annual maintenance and repair on their buildings as a percentage of replacement cost of the building. 1. According to the University of California "Facilities Renewal Budget Model " report of 1999, building owners should budget between two and three percent of current replacement value of their buildings for maintenance and repair work. This does not include routine janitorial work and routine items such as changing light bulbs and filters. 2. According to the Building Research Board of the National Research Council, one and one-half to three percent of a building's replacement value should be budgeted for maintenance and repair. b. Based on this information, LHB utilized two and one-half percent as the desired amount of maintenance and repair that should be budgeted annually to keep a building in good working condition. We recognize through experience that only a small percentage of sophisticated building owners actually budget for and spend this amount of money every year on maintenance and repair. This is because most business owners are driven by other budgetary issues and tend to neglect the building maintenance and repair line items in their annual budgets. c. By establishing how much a building owner. should be budgeting per year for maintenance and repairs, LHB is of the opinion that we could more easily establish an amount that would be considered "substantial" in comparison. If an owner is budgeting 2.5 percent of the building's replacement cost annually, most business owners or home owners would have to take out a loan to cover the cost of a substantial building improvement. Assuming they had a fixed level of income to work with, they would have to keep the loan payment at a level very near the original 2.5 percent they should have been budgeting each year. In Page 5 addition, they still would have to budget for the origina12.5 percent on top of the loan. In most cases, the mortgage terms would have to extend out to a point beyond the life expectancy of the building they were trying to improve, as most buildings built in the past fifty years are not designed to last beyond 40 years. d. Based on the calculations described above, we have defined substantial renovation for purposes of Minnesota Statutes, Section 469.174, Subdivision 10(a)(1), as renovation with costs exceeding 20% of the building's replacement value. 2. Buildings are not eligible to be considered structurally substandard unless they meet certain additional criteria, as set forth in Subdivision 10(c) which states: "A building is not structurally substandard if it is in compliance with the building code applicable to new buildings or could be modified to satisfy the building code at a cost of less than 15 percent of the cost of constructing a new structure of the same square footage and type on the site. The municipality may find that a building is not disqualified as structurally substandard under the preceding sentence on the basis of reasonably available evidence, such as the size, type, and age of the building, the average cost of plumbing, electrical, or structural repairs, or other similar reliable evidence." "Items of evidence that support such a conclusion [that the building is not disqualified] include recent fire or police inspections, on-site property appraisals or housing inspections, exterior evidence of deterioration, or other similar reliable evidence." PART 3 -PROCEDURES FOLLOWED A. LHB was able to schedule interior and exterior inspections for all three buildings in the proposed TIF District. Inspections were conducted on October 13, 2005. B. LHB also reviewed the language of the Eagan 2000 Comprehensive Plan Update related to the area including this proposed TIF District. PART 4 -FINDINGS A. Coverage Test 1. The total square foot area of each parcel in the proposed TIF District was obtained from City records, GIS mapping and.site verification. 2. The total square foot area of buildings and site improvements on the parcels in the proposed TIF District was obtained from City records, GIS mapping and site verification. Page 6 3. The percentage of coverage for each parcel in the proposed TIF District was computed to determine if the 15 percent minimum requirement was met. The total square footage of parcels meeting the 15 percent requirement was divided into the total square footage of the entire district to determine if the 70 percent requirement was met. Finding: The proposed TIF District met the coverage test under Minnesota Statutes, Section 469.174, Subdivision 1 D(e), which resulted in parcels consisting of 75.5 percent of the area of the proposed TIF District being occupied by buildings, streets, utilities or paved drives or parking lots (Diagram 2). This exceeds the 70 percent area coverage requirement for the proposed TIF District under Minnesota Statutes, Section 469.174, Subdivision IOa (a) (1 ). _ ~ S Y ~ ;P O ~ pp r ~ t y4tlT _,w. 4.. ~ ~'. ~i '~ ~.. yr... h k l :,~ ~~ A ~ •~~ ~ , y ~ ! ~ .,y 4 L y w. ~~ i ~ ~ ~ ....... ~ ~ ;. ~ „ ,.: , g u~ ~'t ~ ~ ~« r ~~ ~~.. ,~ . Diagram 2 Shaded area denotes area of parcels "improved" by buildings, streets, utilities or paved drives or parking lots Page 7 B. Condition of Building Test 1. Replacement Cost The first step in evaluating a building to determine if it is substandard to a degree requiring substantial renovation or clearance is to determine its replacement cost. This is the cost of constructing a new structure of the same square footage and type on site. Replacement costs were researched using R.S. Means Cost Works square foot models for 2005. A replacement cost was calculated by first establishing building use (office, retail, residential, etc.), building construction type (wood, concrete, masonry, etc.), and building size to obtain the appropriate median replacement cost, which factors in the costs of construction in Eagan, Minnesota. Replacement cost includes labor, materials, and the contractor's overhead and profit. Replacement costs do not include architectural fees, legal fees or other "soft" costs not directly related to construction activities. Replacement cost for each building is tabulated in Appendix A. 2. Code Deficiencies The next step in evaluating a building is to determine what code deficiencies exist with respect to such building. Code deficiencies are those conditions for a building which are not in compliance with current building codes applicable to new buildings in the State of Minnesota. Minnesota Statutes, Section 469.174, Subdivision 10(c), specifically provides that a building cannot be considered structurally substandard if its code deficiencies are not at least 15 percent of the replacement cost of the building. As a result, it was necessary to determine the extent of code deficiencies for each building in the proposed TIF District. The evaluation was made by reviewing all available information with respect to such buildings contained in City Building Inspection records and making interior and exterior inspections of the buildings. LHB utilizes the 2003 Minnesota State Building Code as the official code for our evaluations. The Minnesota State Building Code is actually a series of provisional codes written specifically for Minnesota only requirements, adoption of several international codes, and amendments to the adopted international codes. We chose not to count energy code deficiencies toward the thresholds required by Minnesota Statutes, Section 469.174, Subdivision 10(b) and 10(c), due to concerns expressed by the State of Minnesota Court of Appeals in the Walser Auto Sales, Inc. vs. City of Richfield case filed November 13, 2001. After identifying the code deficiencies in each building, we used R.S. Means Cost Works 2005; Unit and Assembly Costs to determine the cost of correcting the identified deficiencies. We were than able to compare the correction costs with the Page 8 replacement cost of each building to determine if the costs for correcting code deficiencies meet the required 15 percent threshold. Finding: Three (3) out of three (3) buildings (100 percent) in the proposed TIF District contained code deficiencies exceeding the 15 percent threshold required by Minnesota Statutes, Section 469.174, Subdivision 10(c). A complete Building Code and Condition Deficiency report for each building in the proposed TIF District can be found in Appendix B of this report. 3. System Condition Deficiencies If a building meets the minimum code deficiency threshold under Minnesota Statutes, Section 469.174, Subdivision 10(c), then in order for such building to be "structurally substandard" under Minnesota Statutes, Section 469.174, Subdivision 10(b), the building's defects or deficiencies should be of sufficient total significance to justify "substantial renovation or clearance." Based on this definition, LHB re-evaluated each of the buildings that met the code deficiency threshold under Minnesota Statutes, Section 469.174, Subdivision 10(c), to determine if the total deficiencies warranted "substantial renovation or clearance" based on the criteria we outlined above. System condition deficiencies are a measurement of defects or substantial deterioration in site elements, structure, exterior envelope, mechanical and electrical components, fire protection and emergency systems, interior partitions, ceilings, floors and doors. The evaluation of system condition deficiencies was made by reviewing all available information contained in City records, and making interior and exterior inspections of the buildings. LHB only identified system condition deficiencies that were visible upon our inspection of the building or contained in City records. We did not consider the amount of "service life" used up for a particular component unless it was an obvious part of that component's deficiencies. After identifying the system condition deficiencies in each building, we used our professional judgment to determine if the list of deficiencies would total more than 20 percent of the replacement value of the building when added to the cost of total code deficiencies. For example, if a building with a replacement value of 100 thousand dollars had 17 percent code deficiencies, we would look at the list of system condition deficiencies and make a professional judgment that the cost of fixing the system condition deficiencies would be at least $3,000 (3 percent), in order for that building to be considered substandard. Finding: In our professional opinion, two (2) of the three (3) buildings (67 percent) in the proposed TIF District are structurally substandard to a degree requiring substantial Page 9 renovation or clearance, because of defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance. This exceeds the 20 percent requirement of Subdivision 10a. (a) (1) (ii). Subdivision 10a. (a) (1) (iii) Subdivision 10a. (a) (1) (iii) requires that at least 30 percent of the other buildings (i.e., all buildings excluding the 20 percent minimum standard) meet the Subdivision l0a (1), clause (iii) test in which the "other" buildings require substantial renovation or clearance to remove existing conditions such as: inadequate street layout, incompatible uses or land use relationships, overcrowding of buildings on the land, excessive dwelling unit density, obsolete buildings not suitable for improvement or conversion, or other identified hazards to the health, safety, and general well-being of the community. Finding: 3 out of the 3 buildings (100 percent) in the proposed Renewal and Renovation District exhibit existing conditions warranting renovation or clearance as defined by Minnesota Statutes Subd. 10a. (1) (iii), described as follows: As noted above, two buildings (TIF parcel 6 and 8) were found to be structurally substandard as defined by Minnesota Statutes, Section 469.174, Subdivsion 10 (b) and (c). The factors under Subdivision l0a (1), clause (iii) are broader, and include "obsolete buildings not suitable for conversion." Buildings with deficiencies significant enough to meet the structurally substandard test are, in effect, buildings that are obsolete and not suitable for improvement. Therefore, both buildings found to be substandard in Appendix A and B also meet the lesser "obsolescence" test of Subdivsion l0a (1}, clause (iii). TIF Parcel 7 -The code deficiencies in this building exceeded the 15 percent criteria for being considered substandard, but the general condition deficiencies in addition to the code deficiencies did not exceed 20 percent which was established as our minimum criteria for a substandard finding. LHB reviewed City documents, including the 2000 Comprehensive Plan Update. Originally, the area West of Biscayne (including the parcels in the proposed TIF District) were guided toward industrial uses, but the 2000 Comprehensive Plan Update changed the guide designation to Retail Commercial and the zoning to Neighborhood Business. One of the reasons for the change was the age and condition of the properties, suggesting that they should not be encouraged to continue as industrial uses. This change in guide designation and zoning was the culmination of more than 10 years of discussion regarding the temporary nature of the industrial uses in the area as Page 10 property around it developed into permanent residential uses, consistent with their guide designations. The definition of the area as Neighborhood Business also served the purpose of providing an opportunity for retail and services to be established in a part of the City that does not currently have them. Based on our review of the 2000 Comprehensive Plan Update, we find this parcel to be an obsolete land use incompatible with the guide designation and zoning for these parcels and the surrounding residential neighborhoods. C. Distribution of substandard structures Much of this report has focused on the condition of individual buildings as they relate to requirements identified by Minnesota Statutes, Section 469.174, Subdivision 10 and 10a. It is also important to look at the distribution of substandard buildings throughout the geographic area of the proposed TIF District. Finding: Buildings meeting the requirements of Minnesota Statutes, Section 469.174, Subdivision 10 and l0a are reasonably distributed throughout the geographic area of the proposed TIF District (Diagram 3). Diagram 3 -Distribution of Substandard Structures Light Shading -Structurally Substandard Building Dark shading -Other Conditions warranting renovation or clearance (Subd. IOa. (1) (iii) Page 11 PART 5 -TEAM CREDENTIALS Michael A. Fischer, AIA -Project PrincipaUTIF Analyst Michael has nineteen years of architectural experience as project principal, project manager, project designer and project architect on municipal planning, educational, commercial and governmental projects. He is a Vice President at LHB and currently leads the Community Design Group in LHB's Minneapolis office. Michael completed atwo-year Bush Fellowship at the Massachusetts Institute of Technology in 1999, earning Masters Degrees in City Planning and Real Estate Development. Michael has served on over 35 committees, boards and community task forces, including a term as City Council President and Chair of the Duluth/Superior Metropolitan Planning organization. He is currently a Planning Commissioner in Edina, Minnesota. He was one of four architects in the country to receive the National "Young Architects Citation" from the American Institute of Architects in 1997. Jerry A. Putnam, AIA, FCSI, CCS -Project Manager/Inspector Jerry is a senior architect in LHB's Minneapolis office with twenty-five years of experience in all phases of the architectural process, from pre-design through construction administration, including specialty consulting in investigations for buildings, building condition surveys, TIF inspections, code reviews, estimating and specification writing. Jerry is an active member in the Construction Specification Institute (CSI). He has been recognized as a Fellow of CSI for his dedication and leadership in the construction industry. In addition to being past president of the largest CSI chapter in the United States, he serves on many local, regional and national committees, and has given presentations at many specification writing classes and workshops. Bruce Chalupsky, ASLA -GIS/Coverage Analysis Bruce has snore than ten years of experience as a landscape architect/planner. During this time, he has specialized on site master planning for public and private clients. Bruce has also pursued specialization in Geographic Information Services (GIS) and is proficient in the administration of community data and the production of maps for a variety of needs. M:\OSProj\050393WDMN\F200\Rcports\Rcnovation and Rcncwal TIF Final Rcpor[ 03-31-06.doc APPENDICES Appendix A -Property Condition Assessment Summary Sheet Appendix B -Building Code and Condition Deficiencies Reports Appendix C - Property Condition Assessment Code Deficiency Cost Reports Photographs Page 12