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08/15/2006 - City Council Regular AGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING August 15, 2006 6:30 P.M. 1. ROLL CALL & PLEDGE OF ALLEGIANCE 11. ADOPT AGENDA (At approximately 8:00 p.m. the Council will take a short recess) Ill. RECOGNITIONS & PRESENTATIONS A. Swearing in of new Police Officer IV. CONSENT AGENDA 1Q 3 A. APPROVE MINUTES /D B. PERSONNEL ITEMS 1 C. APPROVE CHECK REGISTERS f7 1.1, D. PROCLAIM August 17, 2006 as Burnsville/Eagan Community Television Volunteer Appreciation Day E. APPROVE correction to Ordinance 396 (Section 11.70, Subd. 21) regarding building design F. APPROVE MnDOT Municipal Agreement for Project 778, TH 149 upgrade G. APPROVE Agency Agreement for Federal Participation in Construction for Project 778, TH 149 upgrade P. ~'~✓H. Removed I. APPROVE Final Payment for 2006 Seal Coat J. APPROVE Amendment to Joint Powers Agreement with Dakota County regarding individual sewage treatment system regulation T 952 K. AUTHORIZE preparation of amendment of Housing Improvement District Policy to incorporate National Reserve Standards Requirement L. AUTHORIZE preparation of amendment to City Code Chapter 11 to clarify permitted finish materials standards - City of Eagan P. M. SET the meeting date to solicit public input for the Patrick Eagan Park Master Plan for August 24, 2006 at P 6:00 p.m. -07;)N. APPROVE list of election judges for the September 12, 2006 Primary Election O. APPROVE change in address on the off-sale liquor license for Madco, Incorporated, dba Cedar Grove Liquor d P. APPROVE manager on the off-sale liquor license for Black Diamond Liquor, LLC, dba Black Diamond Liquor P~~? Q. AUTHORIZE Request for Proposal for Occupational Health Services V. PUBLIC HEARINGS A. VARIANCE - Michael and Jackie Holey - A Variance for detached garage to exceed 576 square feet and for accessory building to exceed the size of principal structure located at 3220 Random Road on Lot 3, Harvey Addition in NW '/4 of Section 12. VI. OLD BUSINESS VII. NEW BUSINESS FINAL PLAT, PRELIMINARY PLANNED DEVELOPMENT, FINAL PLANNED DEVELOPMENT AND 16, PRELIMINARY SUBDIVISION - Manley Commercial, Inc. - A Final Plat to create one lot, a Preliminary Planned Development of 26.84 acres for a school and future office development, a Final Planned Development to create a school and a Preliminary Subdivision of 26.84 acres to create two lots and one outlot located at O'Neill C2 Road and Argenta Trail in the NE '/4 of Section 1. PLANNED DEVELOPMENT, PRELIMINARY SUBDIVISION - Walgreens (Treasure's Island) - A Planned Development Amendment to allow a drive-thru service and reconstruction of the building for reconstruction located at 1274 Town Centre Drive on Lot 1 and 2, Block 1, Town Centre 100th Sixth Addition in the NW 1/4 of Section 15. VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY 16"-V A. CALL TO ORDER 4--)4 155 B. ADOPT AGENDA C. APPROVE MINUTES P. 1 S T D. OLD BUSINESS E. NEW BUSINESS t8G 1. CEDAR GROVE REDEVELOPMENT DISTRICT - Public Hearing to consider the use of eminent domain for the acquisition of the All American Recreation property at 3820 Sibley Memorial Highway V-r4 2. CEDAR GROVE REDEVELOPMENT DISTRICT - Property Management Service Contract with Griffin Companies for Operation of the Cedarvale Mall property F" ! cf(v 3. NORTHEAST EAGAN REDEVELOPMENT DISTRICT - Consent to Collateral Assignment of Development Agreement between the City and MG Eagan, LLC to M&I Marshall & Ilsey Bank . 4. NORTHEAST Eagan Redevelopment District - Issuance of tax increment note to Interstate Partners for Phase I of Grand Oaks redevelopment P' F. OTHER BUSINESS The EDA will be asked to hold an executive session to discuss negotiations for the acquisition of the Cedarvale Shell Station and relocation negotiations regarding Grand Slam in the Cedarvale Mall. As a consequence, the EDA will not adjourn its meeting until the closed session is completed. 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 Eapn ma TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: AUGUST 11, 2006 SUBJECT: AGENDA INFORMATION FOR AUGUST 15, 2006 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the August 15, 2006 City Council agenda, the following items are in order for consideration. f Agenda Memo August 15, 2006 III. RECOGNITIONS AND PRESENTATIONS A. Swearing in of New Police Officer FACTS: Acting Police Chief McDonald will introduce new Police Officer Chris Meade to the Council and community. After a brief introduction, Officer Meade will be administered the oath of office by Mayor Geagan. Officer Meade has been a dispatcher with the Eagan Police Department since October 2002 and began employment as a Police Officer on August 11, 2006. Q Agenda Information Memo August 15, 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 July 31, 2006 regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the July 31, 2006 regular City Council meeting are enclosed on pages through -q 3 MINUTES OF A REGULAR MEETING OF THE ®Rq EAGAN CITY COUNCIL Eagan, Minnesota July 31, 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, Councilmembers Fields, Maguire, Carlson and Tilley. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on July 31; 2006 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers Carlson, Fields, Tilley, and Maguire. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, Public Works Director Tom Colbert, City Planner Mike Ridley, City Engineer Russ Matthys, Traffic Engineer Tim Plath, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA Councilmember Tilley moved, Councilmember Maguire seconded a motion to approve the agenda as presented. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATIONS There were no recognitions or presentations. CONSENT AGENDA Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the consent agenda as presented. Aye:5 Nay:0 A. Minutes. It was recommended to approve the minutes of the July 18, 2006 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the transfer of Christopher Meade from Dispatcher to Police Officer. 2. It was recommended to accept the letter of resignation from Kathleen Moilanen, part-time Clerical Tech III in the Police Department. C. Check Registers. It was recommended to ratify the check registers dated July 20, 2006 and July 27, 2006 as presented. D. Amendment to Budget. It was recommended to approve an amendment to the 2006 Equipment Revolving Fund Budget. E. Tobacco License. It was recommended to approve a Tobacco License for Elias Saman, 1424 Yankee Doodle Road (Eagan BP, Inc.) F. Project 778. It was recommended to approve a Traffic Control Signal Agreement for Project 778 (Trunk Highway 149 - Street Upgrade) with the Minnesota Department of Transportation (MnDOT) and the City of Inver Grove Heights and authorize the Mayor and City Clerk to execute all related documents. G. Contract 06-09. It was recommended to approve plans and specifications for Contract 06-09 (Nicols Road and Blackhawk Hills Road - Sidewalk Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, August 31, 2006. H. Easement Vacation. It was recommended to receive the petition to vacate public drainage and utility easements within Lots 2 and 3, Block 1 Highview Park Addition and schedule a public hearing to be held on September 5, 2006. 1. City Code Amendment. It was recommended to authorize preparation of a City Code Amendment or Parks Dedication requirements to confirm with recent legislation. J. Off-Sale Liquor License. It was recommended to approve an off-sale liquor license for Melina P. To, dba MT Liquory, 1629 Lena Court 4105. K. Sale of Remnant Ci Property. It was recommended to approve the sale of a remnant City property (west portion of Parcel 10-03600-020-82) to Revestors, Inc., and authorize the Mayor and Clerk to execute all necessary documents. 1 Eagan City Council Meeting Minutes July 31, 2006 DRAFT Page 2 2 PUBLIC HEARINGS There were no public hearings. OLD BUSINESS PRELIMINARY SUBDIVISION - EAGAN HILLS ALLIANCE CHURCH City Administrator Hedges introduced this item regarding a Preliminary Subdivision for Eagan Hills Alliance Church to create two lots upon 10.2 acres located at 670 and 700 Diffley Road. He noted that this item was continued from the July 181h City Council meeting to allow the applicant time to discuss and resolve issues with a concerned neighbor. City Planner Ridley provided an update. Tom Gothmann, representing Eagan Hills Alliance Church, stated that he had met with Scott Bailey, adjoining property owner, twice since the last Council meeting to discuss his concerns regarding drainage, lighting and screening. Mr. Gothmann stated that the church is committed to work with Mr. and Mrs. Bailey regarding their concerns. Mrs. Bailey was present and restated their concerns regarding the drainage, lighting and removal of significant trees. The Council discussed additional conditions regarding the drainage issue, a landscape plan and the adjustment of light fixtures. In response to a question by Councilmember Maguire, Mr. Gothmann stated the church should be able to maintain the 35' parking lot setback to the south when that parking area is added in the future. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision (Eagan Hills Alliance Church) to create two lots upon 10.2 acres located at 670 and 700 Diffley Road, in the NW 1/4 of Section 25, subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1, B2, B3, and B4. 2. The property shall be platted. 3. A cash dedication in lieu of on-site water quality ponding for 3.7 acres shall be required, payable at the time of final plat. 4. This development is responsible for a cash trail dedication for 3.7 acres, payable at the time of final plat at the rates then in effect. 5. This development is subject to cash parks dedication deferred until such time as the use changes to something other than a church, at the rates then in effect. 6. Applicant shall work with the neighbors to the southwest to resolve any drainage issue, to the satisfaction of City staff. 7. Applicant shall submit a Landscape Plan, for staff approval, providing screening from the parking lot to the residences to the west and south and shall install the material in accordance with the approved plan. 8. Applicant shall adjust any light fixtures on the church property so that the light source is not visible from adjoining properties. NEW BUSINESS PRELIMINARY AND FINAL SUBDIVISION (LEXINGTON RIDGE 2ND) MILLERVILLE, INC. City Administrator Hedges introduced this item regarding a Preliminary and Final Subdivision to create two lots located at 1149 Diffley Road. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision (Lexington Ridge 2"d) to create two lots located at 1149 Diffley Road in the NE '/4 of Section 27 subject to the following conditions: Aye: 5 Nay: 0 Eagan City Council Meeting Minutes July 31, 2006 DRAFT Page 3 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A 1 2. The property shall be platted. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Final Subdivision (Lexington Ridge 2"d) to create two lots located at 1149 Diffley Road in the NE 1/4 of Section 27. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT - OAK TRUST BANK City Administrator Hedges introduced this item regarding a Conditional Use Permit Amendment to allow a pylon sign for Oak Trust Bank located at 1642 Diffley Road. City Planner Ridley gave a staff report. He noted that a new plan for the proposed sign had been submitted since the review of the Advisory Planning Commission. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to allow a pylon sign for Oak Trust Bank located at 1642 Diffley Road in the NW '/4 of Section 28 subject to the following conditions: Aye: 5 Nay: 0 1. The Conditional Use Permit shall be recorded with Dakota County within 60 day of the date of approval and proof of its recording be provided to the City. 2. The letters shall not scroll, intermittently change or flash; the content can change as the message changes up to four times a day. 3. All signage is subject to the Sign Ordinance. PLANNED DEVELOPMENT AMENDMENT BLUE CROSS BLUE SHIELD City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow three pylon directional signs and a uniform sign package for the Blue Cross Blue Shield properties. City Planner Ridley gave a staff report. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment to allow three pylon directional signs and a uniform sign package for the Blue Cross Blue Shield properties: two pylons on Lot 1, Block 1 Clue Cross Addition in the NE '/4 of Section 17, and one (1) pylon on Outlot A Riverpark in the SE 1/4 of Section 8 subject to the following conditions: Aye: 5 Nay: 0 1. A petition to vacate a portion of the easement area on Outlot A Riverpak must be applied for prior to recording of the Planned Development Agreement and issuance of sign permits. 2. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office within 60 days of Council approval. Recording of the Agreement must be completed prior to issuance of sign permits. 3. A sign permit must be obtained for each new pylon and monument sign to be installed, and for each face change-out on existing signage. 4. All pylon and monument signs shall be set back at least 10 feet from all property lines. 5. The monument at Yankee Doodle Road and Highway 13 shall be removed prior to installation of the pylon. The pylon shall not exceed 13-1/2' in height or 96 square feet in area. 6. The monument at Yankee Doodle Road and Blue Cross Drive shall be removed prior to installation of the pylon. The pylon shall not exceed 10-1/2' in height or 54 square feet in area. 7. The pylon at Yankee Doodle Road and Yankee Drive shall not exceed 9' in height or 40 square feet in area and applicant must obtain approval of a petition to vacate a portion of the easement area prior to installation. 8. All signs shall be similar in design, font and materials used with brick bases, aluminum square tubing posts, brushed aluminum faces, and black lettering. 9. A landscape plan illustrating the location of landscaping to be removed and replaced shall be submitted. 11.0 Eagan City Council Meeting Minutes DRAFT July 31, 2006 Page 4 CONDITIONAL USE PERMIT - TIZIANI GOLF CAR City Administrator Hedges introduced this item regarding a Conditional Use Permit to allow outdoor storage of 3,000 golf cars and utility vehicles located at 3245 Terminal Drive. City Planner Ridley gave a staff report. Council members held a brief discussion regarding the site for the proposed outdoor storage. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to allow outdoor storage of 3,000 golf cars and utility vehicles for Tiziani Golf Car located at 3245 Terminal Drive in the SE 1/4 of Section 08 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. Outdoor storage is limited to 3,000 golf cars and utility vehicles. 3. The applicant shall obtain a grading permit from the City prior to the construction of the proposed outdoor storage areas. Detailed plans for this grading work shall be prepared and signed by a registered professional engineer. 4. The applicant shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. The development is also subject to the City's recently codified land disturbance and erosion control regulations. 5. If recycled asphalt aggregate is used for the outdoor storage areas, the site will be subject to periodic review by City staff for adequacy of the material to control dust and drainage. The first review will occur two years following approval of this permit. If the material is determined to be inadequate, the City will require that it be replaced with bituminous asphalt. 6. All parking and storage areas shall be properly maintained to prevent deterioration. 7. An approved turn around should be installed on the south side of the building for fire trucks. 8. Any outdoor storage visible from the public right-of-way shall be screened from view. 9. The applicant shall provide a revised site plan depicting 51 parking spaces upon the site. PLANNED DEVELOPMENT AMENDMENT - FENDLER PATTERSON City Administrator Hedges introduced this item regarding a Planned Development Amendment to construct a multi- tenant retail center upon approximately 1.6 acres located at 3240 Denmark Avenue. City Planner Ridley gave a staff report. It was noted that the proposed amendment specifically includes requests for a pylon sign; on-sale 3.2 beer and wine in conjunction with restaurant uses; drive-through service; Class Il or "fast casual" restaurant uses. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to construct a multi-tenant retail center upon approximately 1.6 acres located at 3240 Denmark Avenue, legally described as Lot 2, Block 1, Wings Addition, in the SW '/4 of Section 10 subject to the following conditions: Aye: 5 Nay:0 1. A Planned Development Amendment Agreement shall be executed and recorded at the Dakota County Recorder's Office prior to issuance of a building permit. The following plans re required for the Agreement: • Site Plan • Landscape Plan • Building Elevations • Signage Plan • Site Lighting Plan 2. A Final Planned Development Agreement shall be executed and recorded prior to commencing construction. The following exhibits are required for the Final Planned Development Agreement: • Site Plan • Landscape Plan • Building Elevations • Signage Plan • Site Lighting Plan Eagan City Council Meeting Minutes July 31, 2006 DR A F T Page 5 3. On-sale liquor shall occur only in conjunction with a restaurant. 4. The developer shall provide private ingress/egress driveway to Wings Addition, if necessary. 5. The developer shall confirm that the 30% minimum green space standard is satisfied. 6. A revised Landscape Plan shall be provided for incorporation into the Final PD Agreement which includes modifications to provide additional landscaped areas and corrected notes. All landscape areas shall have automatic irrigation and planting specifications shall note trees are to be planted with the root flare even with finished grade. 7. The Site Lighting Plan shall be revised to provide better uniformity and better security in the southeast parking lot. 8. The size and number of tenant signage shall be subject to City Sign Code requirements. All building signage shall consist of individual backlit channel letters. Can or cabinet signs shall not be allowed. CONDITIONAL USE PERMIT - OUTDOOR SPECIALTIES, LLC City Administrator Hedges introduced this item regarding a Conditional Use Permit to allow outdoor storage of equipment and landscape materials upon 0.58 acres located south of Lexington Avenue and Highway 55; a variance of 10 feet to the required 20 foot side yard building setback; a variance of 15 feet to the required 20 foot parking setback from a right-of-way; and a variance of 4 stalls to the required 14 parking stalls. City Planner Ridley gave a staff report. Architect Mark Hanson and business owner Chris Rossman discussed meeting the required building material standards, the positioning of the building on the site and the outdoor storage. They indicated they would be willing to modify plans to upgrade the fencing materials and other potential modifications. Councilmember Tilley moved, Councilmember Maguire seconded a motion to approve a Conditional Use Permit to allow outdoor storage of equipment and landscape materials upon 0.58 acres located south of Lexington Avenue and Highway 55, legally described as Lot 2, Plainview Addition 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. All trash and recyclables containers should be stored inside the building, or within an enclosure consistent with the provisions in the City Code. 3. The exterior building finish materials shall be modified to achieve compliance with the architectural standards ordinance. 4. The Landscape Plan shall be revised prior to issuance of a building permit to add evergreen shrubs along the west side of the site, and modify the planting specifications to indicate that the root flare of trees shall be even with finished grade. All landscaped areas shall have automatic irrigation. 5. Regarding the landscape notes and planting details, all landscaped areas should be noted as having automatic irrigation, which is required by City Code. Also, trees should be set with the root flare even with finished grade. 6. A Sight Lighting Plan will be required at the time of building permit application. Site lighting shall be subject to compliance with City Code requirements. 7. The monument sign shall be constructed of materials to match the principal building. The monument sign shall comply with Sign Code requirements which limit the sign face to four feet in height, and shall satisfy required setbacks of 10 feet from all property lines. 8. Utility extensions shall be available to the property prior to the issuance of the building permit. 9. Outdoor storage items shall be placed within a solid 8' tall enclosure. 10. The applicant shall work with City staff regarding a durable earth-tone color fence, to match the building, to enclose the outdoor storage area. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Variance of 10 feet to the required 20 foot side yard building setback on Lot 2, Plainview Addition, subject to the following condition: Aye: 5 Nay:0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested Eagan City Council Meeting Minutes July 31, 2006 /y F Page 6 in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Variance of 15 feet to the required 20 foot parking setback from a right-of-way on property legally described as Lot 2, Plainview, subject to the following condition: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Variance of 4 stalls to the required 14 parking stalls on property legally described as Lot 2, Plainview, subject to the following condition: Aye: 5 Nay:0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. PROJECT 941, PLAINVIEW ADDITION UTILITY IMPROVEMENTS City Administrator Hedges introduced this item regarding a petition for the preparation of a Feasibility Report by the City Engineer for Project 941 (Plainview Addition - Utility Improvements). City Engineer Russ Matthys gave a staff report. Councilmember Fields moved, Councilmember Maguire seconded a motion to accept the petition and authorize the preparation of a Feasibility Report by the City Engineer for Project 941 (Plainview Addition - Utility Improvements). Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no updates. ADMINISTRATIVE AGENDA Acting Chief of Police McDonald and Fire Chief Scott discussed the National Night Out events scheduled for Tuesday, August 1. VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Fields moved, Councilmember Maguire seconded a motion to adjourn the meeting at 7:50 p.m. 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). 7 Agenda Information Memo August 15, 2006 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Resignation/Planner-- ACTION TO BE CONSIDERED: To accept the letter of resignation from Sheila Cartney, Planner. /Z) Agenda Information Memo August 15, 2006 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated August 3, 2006 and August 10, 2006 as presented. ATTACHMENTS: • Check registers dated August 3, 2006 and August 10, 2006 are enclosed without page number. Agenda Memo August 15, 2006 Regular City Council Meeting CONSENT AGENDA: D. BURNSVILLE/EAGAN COMMUNITY TELEVISION VOLUNTEER APPRECIATION DAY -AUGUST 17, 2006 ACTION TO BE CONSIDERED: Proclaim August 17, 2006 as Burnsville/Eagan Community Television Volunteer Appreciation Day BACKGROUND: Programming about Eagan and Burnsville is produced for the community cable channels with the assistance of volunteers. Without the participation of volunteers, programs made by the community, for the community, would not be possible at the level enjoyed by our city. For the past 19 years, the Cities of Burnsville and Eagan have proclaimed Burnsville/Eagan Community Television Volunteer Appreciation Day. This year's Appreciation Day event will be celebrated with a picnic supper and program at Blackhawk Park in Eagan, August 17th, from 6:OOPM - 8:OOPM. ATTACHMENT: • Attached as pagek~ is a copy of the proposed proclamation. PROCLAMATION BURNSVILLLE/EAGAN COMMUNITY TELEVISION VOLUNTEER APPRECIATION DAY WHEREAS, from January 1, 2005 to December 31, 2005, 217 citizens volunteered approximately 6,000 hours of their time and energy to provide community television to the communities of Burnsville and Eagan, resulting in 371 hours of original programming and approximately 371 new productions, and WHEREAS, these programs provide the opportunity for the citizens of Burnsville and Eagan to view programs for and about their communities, which otherwise would not be provided, and WHEREAS, the Burnsville/Eagan Community Television volunteer producers and their crews have established Burnsville/Eagan Community Television as a premier community television institution, having received over 20 state and national awards, and WHEREAS, these volunteers receive no compensation for their time, energy and production skills, other than the occasional thank you by appreciative viewers and citizens, and WHEREAS, the cities of Eagan and Burnsville, and the Burnsville/Eagan Telecommunications Commission, have decided to demonstrate their appreciation by honoring all the 2005 community television volunteers with the Burnsville/Eagan Community Television Volunteer Appreciation Event on August 17, 2006. NOW THEREFORE, I, Patrick Geagan, Mayor of the City of Eagan, on behalf of the City Council, do hereby proclaim Thursday, August 17, 2005 as BURNSVILLE/EAGAN COMMUNITY TELEVISION VOLUNTEER APPRECIATION DAY In Eagan, Minnesota. Proclaimed this 15th day of August, 2006 Patrick Geagan, Mayor 13 Agenda Memo August 15, 2006 Regular City Council Meeting CONSENT AGENDA: E. Correction to Ordinance 396 (Section 11.70, Subd. 21) regarding building design ACTION TO BE CONSIDERED: Approve correction to Ordinance 396 (Section 11.70, Subd. 21) (to be replaced with Ordinance 396R) regarding building design FACTS: • Ordinance 396 amended Section 11.70, Subdivision 21 regarding building design and was approved by the City Council on February 7, 2006. • The original amendment consisted of changes up to Subd. 21 Bii. The remaining language in Subd. 21 (C through D11) was inadvertently omitted which resulted in the recent codification of the City Code not being complete. • Ordinance 396R includes all of the language for Section 11.70 Subdivision 21 and will be included in the next codification of the City Code. ATTACHMENTS: • Ordinance 396R is attached as pages /S- through. ORDINANCE NO. ~%R 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING)" BY AMENDING SECTION 11.70, SUBD. 21 REGARDING BUILDING DESIGN; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 and 11.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Eleven is hereby amended by changing Section 11.70, Subd. 21 to read as follows: Subd. 21. Design and construction requirements for multiple family, office, commercial, industrial, and public and institutional developments. The following provisions shall apply to any new building construction in Residential Double, Townhouse and Multiple (R-2, R-3, R-4), Limited Business (LB), Neighborhood Business (NB), General Business (GB), Community Shopping Center (CSC), Limited Industrial (I-1), General Industrial (1-2), Research and Development Park (RD) and Business Park (BP) zoning districts: A. General building design requirements. 1. Design supervision by architect. Architects shall be required for the construction of all buildings. The building plan, including site plan for such a building, shall be certified by an architect, registered by the state, stating that he has personally viewed the site and has designed the building to fit the site as planned and to be harmonious with the adjacent buildings, topography and natural surroundings and in accordance with the purposes and objectives of this chapter. This requirement shall not prohibit the preparation of the site plan by a professional site designer, or the landscape plan by a professional landscape architect. 2. Exterior vertical surface design. All exterior vertical surfaces shall be treated as a front and have an equally attractive or the same fascia. 3. Design of garages and accessory structures. Garages and other accessory buildings shall have a design and appearance that will not detract from the main building(s). B. Specific building design requirements. 1. Storage space in multiple dwellings. A minimum of 150 cubic feet of storage shall be provided within the multiple-dwelling building for each dwelling unit, exclusive of storage space provided within each dwelling unit. In townhouse units only, this storage space may be provided in a garage serving the unit. 1 2. BP business park design standards. The following requirements shall apply in Business Park (BP) zoning districts: a. Accessory structures. Accessory structures, either attached or detached from the primary structure, shall be constructed of identical materials, style, quality and appearance as the principal structure. b. Canopies and awnings. The design of canopies shall be in keeping with the overall building design in terms of location, size (scale), and color. No canopies with visible wall hangers shall be permitted. Signage on canopies may be substituted for allowed building signage and shall be limited to 20 percent of the canopy area. Internally illuminated canopies must be compatible with the overall color scheme of the building. The area of illumination shall be considered signage. C. Outside storage. Outside storage shall not be allowed. Long-term outdoor parking or storage of commercial tractors and trailers is also prohibited. Trash, recyclable materials, and associated handling equipment shall be stored within the principal structure or in an accessory structure, attached or separate from the primary structure, constructed of building materials compatible with the principal structure. 3. Exterior Building Surface Materials. a. Policy statement. All newly constructed buildings shall be designed to accomplish the goals and objectives of the city land use Comprehensive Guide Plan. Exterior building materials shall be attractive in appearance, durable and compatible with adjacent structures and consistent with the city's standards for the district in which it is located. b. Requirements. i. Exterior surface materials of a newly constructed building shall be subject to the following requirements: A. Classes of materials. Exterior building materials shall be divided into Class I, Class II, Class III and Class IV categories as follows: 2 RD Class I • Brick • Natural stone • Glass • Copper panels • Other comparable or superior materials (as approved • by the City Council) Class H • Specialty concrete block such as textured, burnished block or rock faced block • Masonry stucco • Other comparable or superior materials (as approved by City Council) Class III • Exterior finish installation system (EFIS) • Architecturally precast textured concrete panels • Opaque panels • Ornamental metal • Other comparable or superior materials (as approved by City Council) Class IV • Smooth concrete block • Smooth scored concrete block • Smooth concrete tip up panels • Ceramic • Glass block • Wood • Other comparable or superior materials (as approved by City Council) B. New constructed building shall incorporate the classes of materials as follows: (1) Buildings within LB, NB, CSC, RD and BP zoning districts shall use at least three (3) Class I materials and the building must be composed of at least sixty-five (65) percent Class I materials, not 3 )7 more than thirty-five (35) percent Class II or Class III materials, and not more than ten (10) percent Class IV materials. (2) Buildings within I-1, 1-2 and BP zoning districts and located eight hundred (800) feet or less from a county, state or federal right- of-way shall use at least two (2) different Class I or Class II materials and the building must compose of at least sixty-five (65) percent Class I or Class II, not more than thirty-five (35) percent of Class III or Class N materials, and not more than ten (10) percent of the building shall be Class IV materials. (3) Buildings within 1-1, 1-2 or GB zoning districts and located more than eight hundred (800) feet from a county, state or federal right-of- way shall comply with the following: a. No less than 75 percent of the exterior, exposed walls of any newly constructed building shall be constructed of a vertical finish made of noncombustible, non-degradable, and low maintenance construction material, including, but not limited to, face brick; natural stone; specially designed precast concrete or synthetic stucco or comparable material (e.g., dryvit) units, provided the surfaces have been integrally treated with an applied decorative material or texture; smooth, painted or decorative concrete block, provided the block is scored at least twice. b. Twenty-five percent or less of the exterior, exposed walls of any newly constructed building may be constructed of any of the following materials: metal, including but not limited to steel, sheet or corrugated aluminum, or iron; vinyl; plain concrete block; or any other material not within the standards set forth in paragraph b.i. Any metal surface or siding as permitted herein shall be coated or anodized with a non-reflective, glare-free finish. (4) Any building facade exceeding forty (40) feet in width shall be designed with multiple planes, multiple sections of coordinating materials, or both, to add visual interest. C. Expansion or enlargement of metal-sided buildings. i. In the event any building, which is an existing, nonconforming metal-sided building under this subdivision on the effective date of this ordinance, is enlarged or expanded and the expansion is less than 10,000 square feet and 50 percent in size by total square feet of the existing, nonconforming metal building, the 4 expansion structure need not comply with the provisions of this subdivision, but any exterior, exposed side or surface of the expansion structure shall be constructed of identical material and color to the existing, nonconforming building. In the event the expansion or enlargement is at least 10,000 square feet or 50 percent in size by total square feet of the existing, nonconforming metal building, whichever is greater, the provisions governing nonconforming structures or uses in this chapter shall govern. ii. For purpose of this subsection, the total square feet of the existing nonconforming building shall be determined as the total size of the existing building as existed on June 1, 1995. The total square feet or percentage of any and all expansions to an existing nonconforming building as of June 1, 1995, shall be aggregated for purposes of calculating the size or percentage of the total expansion to the original building existing on June 1, 1995. C. Expansion or enlargement of other nonconforming buildings. In the event any existing, nonconforming building, which is constructed of material other than metal, is enlarged or expanded, the expansion structure to the existing, nonconforming structure shall be constructed of compatible material and color to the existing, nonconforming structure. D. Site design and development requirements. All multi-familL commercial and industrial uses shall be designed and developed in accordance with the following: 1. Landscaping. All yards shall be landscaped or be left in a natural state. If any yards are to be landscaped, they shall be landscaped attractively with lawn, trees, shrubs, etc. Any areas left in a natural state shall be properly maintained in a sightly and well-kept condition. Yards adjoining any residential district shall be landscaped with buffer planting, if this is not provided in the natural state. Plans of such screens shall be submitted for approval as part of a site plan and installed prior to the issuance of a certificate of occupancy for any land in the district. In the event this requirement cannot be met because of climate, a bond shall be required to insure compliance within a reasonable time. The design shall make use of all land contained in the site. All of the site plan shall be related to the multiple use, i.e., either parking, circulation, recreation, landscaping, screening, building, storage, etc. 2. Drainage. The drainage of stormwaters shall be provided for either on the site or in apublic storm sewer. 3. Curbs. Interior curbs shall be constructed within the grope to separate driving and parking surfaces from landscaped areas. Interior curbs required by this section shall be concrete construction. 5 4. Walkways. Surfaced walkways shall be provided from parking i areas, loading zones and recreation areas to the entrances of buildings. 5. Surfacing. All interior driveways, parkin areas, loading areas, etc., shall be of blacktop or concrete construction. 6. Buryinz utilities. All utilities, including electrical and telephone lines, shall be buried in all new subdivisions as required by chapter 13 of the Code, unless otherwise approved by the council. 7. Enclosure of trash and recyclables containers. All trash and rec cly abler containers stored outside in the R-4, LB, NB, GB, CSC, RD, I-1, I-2, PF and BP zoning districts shall be stored within an enclosure subject to the following standards: a. The enclosure shall have an impermeable floor surface. b. The enclosure shall be attached to the principal building in the limited business (LB), neighborhood business (NB), general business (GB), community shopping center (CSC), and research and development (RD) zoning districts. c. The enclosure may be detached from the principal building in the residential multiple (R-4), limited industrial (I-1), general industrial (I-2), business park (BP) and public facility (PF) zoning districts. d. The enclosure shall satisfy principal structures setbacks required for the applicable zoning district. e. The enclosure shall be constructed of materials to match the exterior of the principal structure, with gates or doors having at least 90 percent opacity f. The enclosure shall be of sufficient size to enclose all trash and recyclables containers and shall be not less than six feet and not more than ten feet in height. g. The above provisions apply in addition to the provisions of chapter 10 of this Code which regulate the storage, deposit, and disposal of refuse on all properties. 8. Lighting. On-site lighting shall be _provided as is necessary for security, safety and traffic circulation. Such illumination shall be indirect and diffused or 6 4D shielded. Lighting shall not be directed upon public rights-of-way or adjacent properties and the source of light shall not be visible from off the property 9. Natural features. The site shall show due regard for all natural terrain features, such as trees, watercourses, historic areas or similar conditions. 10. Public safety. All site and building plans for multiple dwellings shall be reviewed by the fire and police departments. Plans shall be reviewed for fire warning and protection systems, public safety, vehicular access and concerns related to public safety. 11. Multiple family dwelling complexes. Multiple-family dwelling complexes shall have a minimum recreation area equal to 200 square feet 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. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Maria Petersen By: Pat Geagan Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Date of Advisory Planning Commission Hearing: 7 Agenda Information Memo August 15, 2006 Eagan City Council Meeting F. PROJECT 778, TH 149 UPGRADE MUNICIPAL AGREEMENT ACTION TO BE CONSIDERED: Approve a Cooperative Construction Municipal Agreement for Project 778 (Trunk Highway 149 - Street Upgrade) with the Minnesota Department of Transportation (MnDOT) and the City of Inver Grove Heights and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Project 778 provides for the upgrade of Trunk Highway (TH) 149, beginning at TH 55 and terminating in Inver Grove Heights at Albano Trail, south of Rich Valley Blvd. (Co. Rd. 71). The proposed project upgrades TH 149 to a 4-lane divided roadway, with an urban curb & gutter section north of Yankee Doodle Road and rural ditch section to the south, a new traffic signal at the intersection of Wescott Road, and a trail along the east side, north of Wescott Road. • On April 5, 2005, the City Council closed the public hearing and approved Project 778. The final plans and specifications have been reviewed and approved by MnDOT staff. The acquisition of right-of-way and easements from 42 properties is proceeding in anticipation of Fall 2006 construction for private utility relocations and 2007 for the major highway upgrade. • Cost participation for the construction of Project 778 will include three public agencies; MnDOT, Eagan and Inver Grove Heights. In order to accommodate this multi-agency cost participation, an agreement is required to be approved by all three agencies. • MnDOT has encumbered $2,161,800.00 for their contribution to the construction of Project 778. A portion of this sum, $494,150.00, has been designated to a segment of TH 149 within the limits of Inver Grove Heights. This agreement will allow Eagan, as the project lead agency, to manage this designated funding. • An agreement between the City of Eagan, City of Inver Grove Heights and MnDOT for the construction and financing of Project 778 has been prepared which provides for the easement acquisition and contract management, including contractor payments, construction inspections and change orders. • City staff have reviewed this agreement and found it to be similar to other cost participation and cooperative construction agreements and in order for favorable Council action. rk 0- 0 ~ Agenda Information Memo August 15, 2006 Eagan City Council Meeting G. CONTRACT 06-01, TH 149 UPGRADE FEDERAL PARTICIPATION AGREEMENT ACTION TO BE CONSIDERED: Approve an Agency Agreement for Federal Participation in Construction for Project 778 (Trunk Highway 149 - Street Upgrade) with the Minnesota Department of Transportation (MnDOT) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Project 778 provides for the upgrade of Trunk Highway (TH) 149, beginning at TH 55 and terminating in Inver Grove Heights at Albano Trail, south of Rich Valley Blvd. (Co. Rd. 71). The proposed project upgrades TH 149 to a 4-lane divided roadway, with an urban curb & gutter section north of Yankee Doodle Road and rural ditch section to the south, a new traffic signal at the intersection of Wescott Road, and a trail along the east side, north of Wescott Road. • On April 5, 2005, the City Council closed the public hearing and approved Project 778. The final plans and specifications have been approved by MnDOT and contract work is anticipated to proceed with Fall 2006 construction for private utility relocations and 2007 for the major highway upgrade. • The majority of the funding for the construction of Project 778 is financed through the Federal Highway Administration (FHWA). In order to acquire this federal cost participation, an agreement is required to be approved between the City of Eagan and MnDOT. • MnDOT will represent the interests of the FHWA and is the required designate through which the federal funding will be distributed to the City. As of 2006, $6,094,000 has been dedicated for the federal contribution to the construction of Project 778. This money is earning interest so that additional funding will likely be available at the time of distribution of the funds. • An agreement between the City of Eagan and MnDOT has been prepared which provides for the distribution of FHWA funds through MnDOT for the use of financing Project 778. • City staff have reviewed this agreement and found it to be similar to other cost participation agreements and in order for favorable Council action. Agenda Information Memo August 15, 2006 Eagan City Council Meeting 1. APPROVE FINAL PAYMENT - 2006 SEAL COAT (JOINT POWERS AGREEMENT WITH BURNSVILLE) ACTION TO BE CONSIDERED: Approve the final payment for the City of Eagan portion of the 2006 Seal Coat Contract in the amount of $182,258.15 to Pearson Bros., Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • The 2006 Seal Coat Contract provided for the scheduled seal coat maintenance of various public streets and parking lots within both the City of Eagan and the City of Burnsville, under provisions of a Joint Powers Agreement. The seal coat work within Eagan was performed in accordance with the City's Pavement Management Program. • These improvements have been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance, subject to warranty provisions, of the City of Eagan portion of the contract. A~ Agenda Information Memo August 15, 2006 Eagan City Council J. AMENDMENT TO JOINT POWERS AGREEMENT WITH DAKOTA COUNTY REGARDING INDIVIDUAL SEWAGE TREATMENT SYSTEM PUMP MAINTENENCE PROGRAM ACTION TO BE CONSIDERED: To approve the updated Joint Powers Agreement with Dakota County to manage a maintenance program for Individual Sewage Treatment Systems (ISTS) in Eagan. REQUIRED VOTE FOR APPROVAL: Majority of members present FACTS: ➢ Proper maintenance of septic systems helps protect the groundwater and the health and safety of Eagan citizens. ➢ The City of Eagan and Dakota County entered this original Joint Powers Agreement in 2001 with beneficial results for both parties. ➢ Dakota County would continue to serve as a central depository for ISTS as-built and pump maintenance records provided by the system pumpers. ➢ Dakota County would continue to notify ISTS owners of the requirement to pump their systems every three years as required by Dakota County Ordinance number 113. ➢ The City of Eagan would continue to provide site inspections and enforcement action if necessary on new, modified or failing ISTS's. ➢ The City of Eagan would pay Dakota County $2.97 per property that has an ISTS for its services. This is an increase from $2.45 in 2005. ➢ The City of Eagan currently contains approximately 180 ISTS's. ➢ The agreement has been reviewed by staff and the City Attorney and it is order for consideration at this time. ATTACHMENTS: (1) Copy of the Joint Powers Agreement, pages ti through 3) 25 OFFICE OF DAKOTA COUNTY ATTORNEY JAMES C. BACKSTROM COUNTY ATTORNEY Dakota County Judicial Center 'telephone 1560 Highway 55 (651) 438-4438 Hastings. Minnesota 55033-2392 FAX: (651) 438-4479 (Civil Division) Phillip D. Prokopowicz, Chief Deputy FAX: (651) 438-4500 (Criminal Division) Karen A. Schaffer, First Assistant FAX: (651) 438-4499 (Juvenile/Admin Division) Monica Jensen, Community Relations Director E-mail: attorney@co.dakota.mn.us Direct Dial: (651) 438-4460 Email: Kathy.Scoft@co.dakota.mn.us July 20, 2006 MR DALE SCHOEPPNER CITY OF EAGAN 3830 PILOT KNOB RD EAGAN MN 55122 RE: Amendment to the JPA for Administrative Services Related to Municipal ISTS Our File No.: K-05-480 Dear Mr. Schoeppner: Enclosed please find the above-referenced JPA which will replace the prior JPA executed by the parties. Please obtain the signature of Mayor Pat Geagen and return the signed JPA to Tammy Drummond, Dakota County Physical Development Division, 14955 Galaxie Avenue, Apple Valley, MN 55124, for execution by the appropriate County official. Once the Agreement is fully executed, you will be sent a fully executed copy. If you have any questions please feel free to give me a call. Thank you. Very Truly Yours, Kathryn P. Scott Assistant County Attorney KPS:jjh Enc. c: Michael Rutten, Environmental Management Tammy Drummond, Physical Development L: K05-480 Criminal Division Juvenile and Protective Services Division Civil Division Scott A. Hersey, Head Donald E. Bruce, Head Jay R. Stassen, Head victim/witness Coordinator office manager Child Support Enforcement Division ® Patricia Ronken Norma J. Zabel Sandra M. Torgerson, Head 30%oost-consumer An Equal Opportunity Employer 2~o s AMENDED AND RESTATED JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF DAKOTA AND CITY OF EAGAN FOR ADMINISTRATIVE SERVICES RELATED TO MUNICIPAL ISTS PUMP MAINTENANCE PROGRAMS THIS AGREEMENT is made and entered into by and between the City of Eagan (Municipality) and the County of Dakota (hereafter "County"), political subdivisions of the State of Minnesota. WHEREAS, the County has enacted Dakota County Ordinance No. 113, Individual Sewage Treatment Systems (County ISTS Ordinance 113), which meets and in some cases exceeds the minimum state standards for ISTS required in Minn. Stat. Chapter 115 and Minn. R. Chapter 7080, and regulates individual sewage treatment systems (ISTS) within the shorelands and floodplains of the 13 unincorporated townships in Dakota County (County ISTS Program); and WHEREAS, County ISTS Ordinance 113, as amended in 1997, is a product containing significant input from advisory committee members composed of representatives from the county, cities, townships, realtor's association, septic contractors, private citizen at large, for uniform and consistent standards, guidelines, and regulations for the compliance and enforcement of proper siting, design, construction, installation, operation, maintenance, repair inspection and permanent abandonment of septic systems in Dakota County; and WHEREAS, the Municipality executing this Agreement has enacted a city ISTS ordinance (Municipal ISTS Ordinance), that meets state and County ISTS standards, thereby providing county-wide uniform and consistent standards, guidelines, and regulations for the compliance and enforcement of proper siting, design, construction, installation, operation, maintenance, repair inspection and permanent abandonment of septic systems in Dakota County; and WHEREAS, for administrative uniformity and cost-efficiency purposes County ISTS Ordinance 113, Section 211 authorizes the County to serve as a county-wide and central location on behalf of the each city and township located in Dakota County related to record-keeping of as-built records provided by the city or township and pump maintenance records provided by the pumper that are generated within the respective city or township; and WHEREAS, the Municipality requests and the County agrees to administer an ISTS Pump Maintenance Program on behalf of the Municipality that notifies ISTS owners within a Municipality's jurisdiction of the requirement to pump their septic system every three years; and WHEREAS, pursuant to Minn. Stat. § 471.59, the County and Municipality are authorized to enter into a joint powers agreement for the County to perform on the Municipality's behalf any service or function the that Municipality is authorized to provide for itself; and WHEREAS, proper and timely pump maintenance of septic systems located in Dakota County helps protect the groundwater and the health and safety of the citizens of the Municipality and Dakota County. NOW, THEREFORE, in consideration of the mutual promises and benefits that all parties shall derive from this Agreement, and other good and-valuable consideration, receipt of which is hereby acknowledged, the parties agree as follows: ARTICLE I PURPOSE SECTION 1.1 ADMINISTRATIVE PURPOSES ONLY. This Agreement has been executed for the sole purpose of the County providing on behalf of the Municipality the administrative notification and record-keeping services contained in this Agreement related to the Municipality's ISTS Pump Maintenance Program and to facilitate communications between the parties related to their ISTS programs. SECTION 1.2 COUNTY ISTS REGULATORY AND ENFORCEMENT AUTHORITY UNCHANGED. Nothing in this Agreement relieves the County of its duty and responsibility to regulate and enforce ISTS state laws and requirements for those septic systems that are located within the shoreland and floodplains of the 13 unincorporated townships in Dakota County, or as otherwise provided by law, in accordance with the provisions of County ISTS Ordinance 113, state law (specifically Minn. Stat. 115.55, Subd. 2), state rule (specifically Minn. R. 7080.0305) and other duly county policies or plans adopted by resolution by the Dakota County Board of Commissioners. SECTION 1.3 MUNICIPALITY ISTS REGULATORY AND ENFORCEMENT AUTHORITY UNCHANGED. Nothing in this Agreement relieves the Municipality of its duty and responsibility to regulate and enforce ISTS laws and requirements for septic systems located within its jurisdiction, in accordance with the provisions of its duly enacted Municipal ISTS Ordinance, state law (specifically Minn. Stat. 115.55, Subd_ 2), state rule (specifically Minn. R. 7080.0305) and other duly county policies or plans adopted by resolution by the governing body of the Municipality. 1~ P ARTICLE 11 TERM SECTION 2.1 TERM. This Agreement will be in effect as of the date of the signatures of the parties through December 31, 2010, unless earlier terminated by law or according to the provisions herein. The term of this Agreement may be extended for additional five-year terms upon approval by resolution of the parties' respective governing bodies. ARTICLE III OBLIGATIONS OF THE PARTIES SECTION 3.1 COUNTY OBLIGATIONS. The County agrees to provide the following services on behalf of the Municipality for its ISTS Pump Maintenance Program: A. Maintain a database of ISTS owners (Owners) within the jurisdiction of the Municipality for purposes to notify Owners, by U.S. Mail and on behalf of the Municipality, of the requirement to pump their septic system every three years and for record keeping purposes related to the same, in accordance with Minn. R. 7080.0175. B. Respond to phone calls from an Owner related to the receipt of a pump maintenance program notice and the logistics of getting the Pump Maintenance Record from the pumper to the County. County staff will refer all other questions to the appropriate Municipality. C. The County will mail one or two additional follow-up letters as needed to Owners, in the event the County does not receive the needed Pump Maintenance Record from the pumper. D. Maintain records related to pump log data in the County database, which provides verification that septic systems within the Municipality have been pumped. If pump fog data has not been received by the County for a septic system where three notices have been sent to the ISTS Owner, the County will inform the appropriate Municipality of the same for the Municipality to investigate and take enforcement action as the Municipality deems appropriate under its Municipality ISTS Ordinance. E. When the County sends written notification required to be sent to the MPCA under Minn. Stat. 115.55, Subd. 2(c) of any action by its governing body to rescind, change or amend County ISTS Ordinance113 within 30 calendar days of the governing board's action, the County agrees to copy the Municipality with such correspondence. SECTION 3.2 OBLIGATIONS OF THE MUNICIPALITY. The Municipality agrees to provide the following information to enable and facilitate the County's provision of services under this Agreement and under County ISTS Ordinance 113, Section 211: A. The Municipality agrees to provide any and all information and documentation to the County that is needed by the County, such as as-built records, for the County to provide timely notification and record- keeping services on behalf of the Municipality under this Agreement. B. The Municipality agrees to provide any and all information and documentation to the County that is needed by the County to provide services to the Municipality pursuant to Section 211 of County ISTS Ordinance 113. C. When any Municipality sends written notification required to be sent to the MPCA under Minn. Stat. 115.55, Subd. 2(c) of any action by its governing body to rescind, change or amend its Municipal ISTS Ordinance within 30 calendar days of the governing board's action, such Municipality agrees to copy the County with such correspondence. 2 K/K05-480 SECTION 3.3 CONTINGENCIES RELATED TO ACQUISITION AND USE OF SOFTWARE. A. This Agreement is contingent upon the Metropolitan Council Environmental Services (MCES) software's continued capability of being adapted by Dakota County to meet the database, notification and record- keeping needs of the Municipality's ISTS Pump Maintenance Program to administer the services specified in this Agreement. B. If the MSEC software cannot continue to be adapted or can no longer fulfill the needs under this Agreement, the County will provide administrative services for the Municipality's ISTS Pump Maintenance Program only if the Municipality finds and purchases software that is capable of meeting the needs of the Program with a license that authorizes the County to use the same, all at no cost to the County. C. Upon termination of this Agreement, the County agrees to provide a copy of the ISTS Pump Maintenance Program software to a Municipality only if: 1. The Municipality has paid their contribution towards the County's costs related to the administrative services under this Agreement; and 2. The license for the software allows for the same; and 3. The Municipality makes a written request to the County for the copy; and 4. The Municipality pays the County for the cost, if any, involved in providing the copy to the Municipality. ARTICLE IV AUTHORIZED REPRESENTATIVES AND LIAISONS SECTION 4.1 WRITTEN NOTICE. Written notice required to be provided pursuant to this Agreement must be provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a modification of this Agreement. To Municipality. Dakota County: Pat Geagen Gregory J. Konat or successor Mayor Physical Development Division Director 3830 Pilot Knob Road 14955 Galaxie Avenue Eagan, MN 55122 Apple Valley MN 55124 Telephone: (651) 675-5001 Telephone: (952) 891-7000 In addition, notification to Dakota County regarding breach or termination shall be provided to the Office of the Dakota County Attorney, 1560 Highway 55, Hastings, Minnesota 55033. SECTION 4.3 LIAISON. To assist the parties in the day-to-day performance of this Agreement and to develop service, ensure compliance and provide ongoing consultation, a liaison shall be designated by the Municipality and the County. The parties shall keep each other continually informed, in writing, of any change in the designated liaison. At the time of execution of this Agreement, the following persons are the designated liaisons: Liaison: Dale Schoeppner Phone Number: 651-675-5699 Dakota County Liaison: Michael Rutten or successor Phone Number: 952-891-7008 ARTICLE V PAYMENT FOR ADMINISTRATIVE SERVICES SECTION 5.1 PAYMENT. For calendar years through 2005 each Municipality agrees to pay $2.45 per property with at least one active septic system within the Municipality's jurisdiction for payment for the County's pump maintenance notification and record-keeping services provided under this Agreement, unless a different cost per property was billed and paid by the Municipality for a given calendar year. Commencing for the calendar year 2006 the Municipality agrees to pay $2.97 per property with at least one active septic system within the Municipality's jurisdiction for payment for the K/K05-480 County's pump maintenance notification and record-keeping services provided under this Agreement. The County, at its sole discretion, may change the cost per household for provision of services for any given calendar within the term of this Agreement, or extension thereof. The County is donating some of the staff time to administer the Municipality's ISTS Pump Maintenance Program and does not have a continuing obligation of providing the same during the entire term of this Agreement. SECTION 5.2 PAYMENT PROCESS. For a given calendar year, the County will give the Municipality Liaison, with a copy to the Municipality's Authorized Representative, notice of the increase in its annual cost per household, if any. The Municipality has the option to pay the invoiced amount or terminate this Agreement as provided below. A. Annual Invoice. The County shall notify the Municipality of annual costs for administrative services provided under this Agreement by October 15t of the preceding calendar year. Such cost may be greater or less than the cost per household established in this Agreement. B. Time of Payment & Notice of Failure to Pay. The Municipality agrees to pay the amount invoiced by the County payable to the Dakota County Treasurer on or before April 1St of each calendar year. Payment and notice shall be sent to the County's liaison at the Dakota County Environmental Management Department, Western Service Center, 14955 Galaxie Ave, Apple Valley MN 55124. C. Effect of Nonpayment. The County will not provide administrative services under this Agreement to the Municipality if the County does not receive payment of the invoiced amount by April 1St of the applicable calendar year. In such case all administrative notice and record-keeping administrative services related to the Municipality's ISTS pump maintenance program performed by the County under this Agreement will stop and revert back to and must be performed by said Municipality in accordance with state law. ARTICLE VI TERMINATION The County or Municipality may terminate this Agreement with or without cause upon 90-days written notice to the other party. In such case, the County will provide the Municipality with a copy of the pump maintenance program documents for that Municipality and the Municipality shall perform all state and county requirements for its Municipal ISTS Pump Maintenance Program as of the date of termination. ARTICLE VII MUTUAL INDEMNIFICATION Liable for Own Acts. Each party to this Agreement shall be liable for the acts of their own agents, volunteers or employees and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its agents, volunteers or employees. It is understood and agreed that the provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466, and other applicable laws govern liability arising from the parties' acts or omissions. Each Party warrants that they are able to comply with the aforementioned indemnity requirements through an insurance or self- insurance program and that each has minimum coverage consistent with the liability limits contained in Minn. Stat. Ch. 466. ARTICLE VIII GENERAL PROVISIONS SECTION 8.1 RIGHTS CUMULATIVE. All remedies available to any party under the terms of this Agreement or by law are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. SECTION 8.2 WAIVER. Waiver for any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be construed to be modification for the terms of this Agreement unless stated to be such in writing and signed by the Authorized Representatives of the parties. SECTION 8.3 MODIFICATIONS. Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing and signed by the Authorized Representatives of the parties. 4 KIK05-480 SECTION 8.4 SEVERABILITY. The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts, which are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to any party. SECTION 8.5 MINNESOTA LAw To GOVERN. This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this Agreement shall be venued in the State of Minnesota, County of Dakota. SECTION 8.6 FINAL AGREEMENT. This Agreement is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon, and shall supercede all prior negotiations, understandings or agreements. There are no representations, warranties, or stipulations, either oral or written, not herein contained. This Agreement replaces and supercedes any prior joint powers agreement between the parties for County administrative services related to the Municipalities pump maintenance program as of December 31, 2005. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. COUNTY OF DAKOTA CITY OF EAGAN By: [signature] Gregory J. Konat, Director [print name] Physical Development Division [title] 14955 Galaxie Avenue [street address] Apple Valley MN 55124 [city, state, zipcode] Telephone: (952) 891-7000 Date of Signature: Date of Signature: Approved by Dakota County Attest: Board Resolution No. 99-743 Title: Date: Approved by Resolution dated Approved as to form: Approved as to execution: ~6a A istant ounty At orney/Dated Assistant County Attorney/Dated 5 K/K05-480 ~I Agenda Information Memo Eagan City Council Meeting August 15, 2006 K. AUTHORIZE PREPARATION OF HOUSING IMPROVEMENT DISTRICT POLICY AMENDMENT ACTION TO BE CONSIDERED: To authorize preparation of an Amendment of the City's policy related to Housing Improvement Districts to require replacement reserve studies meet Community Associations Institute's National Reserve Study standards and be performed by certified CAI reserve specialists. FACTS: ➢ The City of Eagan adopted its Housing Improvement District Policy on September 20, 2005. ➢ One of the requirements of the state statute authorizing such policies is that an applicant prepare and submit third party replacement reserve study to outline the planned improvements, demonstrate the capacity of the association to pay for the improvements over time and to permit the City's financial consultants to perform an analysis of the information and advise the City on its sufficiency for the formation of a district. The City's policy reiterates that requirement. ➢ In applying the policy to the early applications the City has received for such districts, staff determined that the Community Associations Institute is the recognized authority for standardized replacement reserve studies and that the CAI also certifies professionals for the completion of such studies. In order to provide clarity for future applications, staff is requesting authorization to prepare an amendment of the City's policy to incorporate requirements that studies be performed by CAI certified reserve specialists, to CAI Reserve Study Standards. ATTACHMENTS: None. 32_ Agenda Information Memo August 15, 2006 Eagan City Council Meeting L. ORDINANCE AMENDMENT - CITY OF EAGAN ACTION TO BE CONSIDERED: To direct preparation of an Ordinance Amendment to Chapter 11 to clarify permitted finish material standards. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ Earlier this year the City Council approved an amendment that established finish material standards that apply to all commercial and certain industrial development. ➢ Over the last several months, staff has experienced a couple of situations where a developer has proposed a synthetic stone that doesn't meet the finish standard for a Class I material but is known to be a durable, quality product. ➢ Staff would like to craft an amendment that allows materials of comparable quality to those currently listed in the ordinance. ➢ As an amendment to Chapter 11, this item will require APC consideration and a Public Hearing before it comes back to the Council for consideration. ATTACHMENTS: None 3~5 Agenda Memo August 15, 2006 City Council Meeting M. SET THE MEETING DATE TO SOLICIT PUBLIC INPUT FOR THE PATRICK EAGAN MASTER PLAN FOR AUGUST 24, 2006 AT 6:00 P.M. ACTION TO BE CONSIDERED: Set August 24, 2006 at 6:00 p.m. at the Eagan Municipal Center as the date for the public to review the concept plans and provide input for the 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 primary focus for the consultant was 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. • Following several meetings with the Advisory Parks Commission and some community groups the consultant is ready to present the first draft of the concept plans to the public for their input. • The meeting on August 24 will provide an opportunity for the general public to review the concepts and provide their feedback. • Properties immediately surrounding Patrick Eagan Park will be sent a notification regarding this meeting so that they are all aware of the public meeting. • The Advisory Commission will be reviewing the concept plan with the City Council at a workshop on August 29. Having the benefit of public input at that time will help the Council provide further direction to the consultant. ATTACHMENTS: None 3q Agenda Information Memo August 15, 2006, Eagan City Council Meeting N. APPROVE LIST OF ELECTION JUDGES FOR THE SEPTEMBER 12, 2006 PRIMARY ELECTION ACTION TO BE CONSIDERED: To approve the list of election judges for the September 12, 2006 Primary Election. ATTACHMENTS (1) • Attached on pages o through 4 is the list of election judges for the Primary Election. V~ Primary Election Judges - September 12, 2006 LAST NAME FIRST ADERHOLD LINDA AGRIMSON LOIS ANDERSON CAROL ANDERSON KAYE ANDERSON DON ARAMBADJIS DENISE ASTLEFORD SHARON BAHR DARLENE BAKER MARION BARTYZAL VALERIE BELL TERI BELLILE GROVER BESEKE CAROLYN BEST ELAYNE BHAKTA SHEILASH BOHLIG JOAN BOHN FRANCIS BONNETT JASON BRANDBERY JOHN BRINK MURIEL BROST KENT BURKARD SHIRLEY CANNELLA ROBERT CARLSON ELEANOR CARLSON DOROTHY CARNEY PETER CHRISTOPHERSON JUDY CLARK FREDERICK Thursday, Augusl 10, 2006 Page I of 8 1Sp LAST NAME FIRST COHOES KAREN COLLINS ROYCE KATHY COOK LARRY COOK MIKE COOK GAIL CRANE WENDY DANIEL FRANCIS DANNER MARGO DARE KAREN DIDRIKSON ERIK DINARDO BOB ELBERT MARY ELLEN ERICKSON CINDY ERICKSON SANDRA EVARTS SUSAN FAIRCHILD CARALYNE FIENE ALAN FLADMARK MARY FLADMARK ROBERT FORSMAN SONI FOSS MARY FOSSUM MAVIS FOX BARBARA GEAGAN SUE GIGNAC MILLIE GOEDKEN RONALD GOETZ RUTH GOIN LIZ GUETZLAFF ELLIOTT GUNDERSEN ERIC Thursday, August 10, 2006 Page 2 of 8 3~ LAST NAME FIRST GUSTIN JOHN HAGBERG MARY HAGEN LORI HAIR TOM HAMES CINDY HANDLER LAURA HANSEN JUDY HANSEN PAUL HARMON JEAN HARTLEBEN MILDRED HARVEY EILEEN HASH HERDIS HASH ORLANDO HAUSLADEN RAY HAUSLADEN NANCY HEALY BEA HEIR DONNA HOBOT DIANNE HOLZEMER MARION IFFERT RICHARD INGERSON NANCY IVERSON MILDRED JABBRA VICKIE JACKSON JAMES JANDEWERTH HENRY JENNINGS CHRISTOPHER /C JOHNSON GARY JOHNSON LUCIA JOHNSON MICHAEL JONES MARGIE Thursday, August 10, 2006 Page 3 of 8 LAST NAME FIRST JONES CHRISTINE JORGENSON DARLETTE KAEDER PATRICIA KAESS MIKE KAHN JAMES KAMBEITZ BERNETTA KELLEY AMY KEULER CHRISTINE KIEMELE MELINDA KING ROLANDO KISSELL BARRY KIVI DEANNA KLIGESS JEAN KOMPELIEN DAVID KOSEK CAROLYN KRECH SHARON KREHL RHONDA KRUEGER CINDY KUCKER RACHEL LAPLANTE JOHN LEE DAISY LEEAN DON LEMAY RICHARD LIBERTY DONNA LIGMAN PHYLLIS LINK ARTHUR LUCIANO ZENAIDA MACKEY BETTY MADDEN WILLIAM MARCH BARBARA ANN Thursday, August 10, 2006 Page 4 of 8 LAST NAME FIRST MAYERS AL MCCLOSKEY JUDITH MCDONALD KATHY MCGUIRE MARY MCKEOWN WILLIAM MCLAUGHLIN LAVERNE MESEROW HALE MESEROW SUE MEYER GARY MILLER JUDY MILLER SHARON MIRICK ZELLA MORRISON KENNETH MUNDALL JUDY MUNSON RUTH MUNSTERMAN MARY NELSON JUDITH A NICOLAY RICHARD NORSERG JARED O'BRIEN WENDE O'GORMAN MARK O'GORMAN LYNN OHM ELDORIS OLSON DOUGLAS OPRIS DOROTHY PASKETT JIM PATNODE JIM PEARSON DARLENE PETERSON JANE PETERSON WILLIAM Thursday, August 10, 2006 Page 5 of 8 O LAST NAME FIRST PETTY LISA PFEIFER CARLA PHILLIPS CHARLEEN PILNF_Y MARY REISDORFER STAN REISHUS FREDERICK RENISH SALLY REYES CANDICE RICKE PATRICIA RIEGER LORRAINE ROSS BETTY SCHINDELDECKER MILLIE SCHMITZ PAMELA SCHNIER ERIC SCHWAPPACH KATHRYN SCHWAPPACH DONALD SCHWARTZ BEVERLY SCHWARTZ MELISSA SCHWIETERS MARY SEAVERS VICTOR SEKTNAN DONALD SEVERSON JODY SEXTON MICHAEL SHEARON MARY SHELDON ARLENE SHERIDAN MEGAN SHULTZ STEVEN SHUMER SUSAN SHUMER ROB SIMPLOT JOHN Thursday, August 10, 2006 Page 6 of 8 qI LAST NAME FIRST SKLUZACEK TED SORENSON SEDONIA (SID) SQUIERS PHYLLIS STEVENS DONALD STEVENS JANET SWEDEAN DICK TAYLOR CEYLON THOMAS ANN THOMPSON WARREN THORSTENSON ARDIS TIEDEMANN JAMIE TRAUTMAN NANCY TURNHAM DALE TYRE ROYCE USELMANN JOAN USMANI NAIYER VANDYCK LOIS VARGHESE SHAJI VASATKA ALEX VIERRA BILL VIHOVDE FRED VIHOVDE CAROL VIMR ROSE VOGT DALE VOLK ARDITH VU JOHN WALKER LYNN WANDERSEE KAY WARWEG CAROLYN WASHINGTON MARY Thursday, August 10, 2006 Page 7 of 8 LAST NAME FIRST WATTS LINDA WEINZETL KATHI WILLIAMS EILEEN WISNEW FRANK WOLF MORGAN WORKE KAREN Thursday, August 10, 2006 Page 8 of 8 43 Primary Election - September 12, 2006 Absentee Election Judge List Bauer, Fran Beck, Sidney Hazel, Kim Johnson, Gerald Mattson, Richard McNearney, Regina Pedersen, Mary Jane Perin, Ruth Tumini, Carol Zinck, Jackie 4q Agenda Information Memo August 15, 2006, Eagan City Council Meeting 0. APPROVE CHANGE IN ADDRESS ON THE OFF-SALE LIQUOR LICENSE FOR MADCO, INCORPORATED, DBA CEDAR GROVE LIQUOR ACTION TO BE CONSIDERED: To approve a change in address on the off-sale liquor license for Madco, Incorporated, dba Cedar Grove Liquor to be located at 1967 Silver Bell Road. FACTS: ➢ Cedar Grove Liquor is relocating to a new tenant space within the Silver Bell Shopping Center. ➢ The applicant has stated the redevelopment of the Cedarvale Shopping Mall has resulted in the arrival of new tenants, which has prompted their move to another space within the Silver Bell Shopping Center. ➢ All required documents have been submitted. City staff and the Eagan Police Department have reviewed the change and find no reason for denial. ATTACHMENTS (0): Agenda Information Memo August 15, 2006, Eagan City Council Meeting P. APPROVE MANAGER ON THE OFF-SALE LIQUOR LICENSE FOR BLACK DIAMOND LIQUOR, LLC DBA BLACK DIAMOND LIQUOR ACTION TO BE CONSIDERED: To approve a change in manager on the off-sale liquor license for Black Diamond Liquor, LLC, dba Black Diamond Liquor located at 525 Diffley Road, Suite 2050. FACTS: ➢ The owner of Black Diamond Liquor has hired Nicolai Donchenko as the manager for the off-sale liquor store. ➢ The Eagan Police Department has conducted an investigation of the new manager and finds no reason for denial. ATTACHMENTS (0): Agenda Information Memo August 15, 2006 Eagan City Council Meeting Q. AUTHORIZE ADVERTISEMENT FOR REQUEST FOR PROPOSALS FOR OCCUPATIONAL HEALTH SERVICES ACTION TO BE CONSIDERED: To authorize the advertisement for request for proposals for Occupational Health Services. FACTS: • A Request for Proposals was prepared for the purpose of contracting with an Occupational Health Services vendor. The current vendor notified the City that they are no longer able to provide occupational health services or occupational health physicians. • Occupational health services utilized by the City include pre-employment physicals, agility and drug testing; medical treatment for on-the-job injuries; medical evaluation for respirator use; annual physicals and agility tests for firefighters; follow-up health testing; and random drug testing as required by the State. ATTACHMENTS: • Enclosed on pages qLS through ~ is a copy of the Request for Proposals for Occupational Health Services. 1~ REQUEST FOR PROPOSALS For Occupational Health Services City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Release Date: [Insert Date] Proposal Must be Received No Later Than: [Insert Date and Time] Effective Date: September or October 2006 Occ Health - RFP Page 2 CITY OF EAGAN TABLE OF CONTENTS I. Request for Proposal Notice II. Background and General Information III. Scope of Service IV. Proposal Evaluation Criteria V. Conditions and Stipulations VI. Organizational Questionnaire 4C-? Occ Health - RFP Page 3 REQUEST FOR PROPOSAL NOTICE Notice is hereby given that the City of Eagan will accept Proposals for an Occupational Health provider until [Insert Date and Time RFP Due]: All Proposals shall be clearly identified as Occupational Health Provider Proposal for the City of Eagan. Copies of your Proposal should be forwarded to the City at the following address: City of Eagan Attn: Lori Peterson, Human Resources Manager 3830 Pilot Knob Road Eagan, MN 55122 Please note that no formal opening of the proposals will take place. Proposals will be evaluated and the successful vendor(s) will be determined and approved by the City Council at a meeting date to be determined. The City reserves the right to reject any or all Proposals, waive formalities and to select the vendor, benefits and services that best meet the needs of the City and its employees. The City reserves the right to select and terminate any service agent, agency, company or administrator. Inquiries, clarification, or requests for Proposal forms and questionnaires by electronic mail should be directed by telephone or e-mail to the following contact: Lori Peterson Human Resources Manager 651-675-5002 E-mail : Ipeterson(a),cityofeagan.com D~ 3 Occ Health - RFP Page 4 BACKGROUND AND GENERAL INFORMATION The City of Eagan (the City) is seeking proposals for an Occupational Health Services Provider ("Occ Health Provider"). The purpose of this Request for Proposal (RFP) is to gather information from your organization relative to the City's required scope of service and key selection criteria. Organizations selected as finalists may be expected to address more detailed issues regarding financial and other specifics of their organization and operations. These same finalists may be expected to participate in interviews with City staff. Currently, the City works with Allina Occupational Health Services in the following areas: • pre-employment physicals/agility tests/drug screens to candidates for employment; • immediate medical treatment for injuries occurring on the job; • ongoing medical treatment for work related injuries; including Physical Therapy/Rehab • medical evaluations for respirator use; • annual physicals/agility tests for firefighters; and • follow up health testing as needed. The City is interested in obtaining the services as outlined in the "Scope of Services". The City's objective is to have access to a competent and cost-effective entity that specializes in occupational health services, providing responsive service for the City's employees and candidates for employment. The Occupational Health Services Provider would be utilized for pre-employment physicals/and drug testing which varies on an annual basis. The total number of pre-employment physicals in 2005 was approximately 90. The Occupational Health Services Provider must provide urgent care for injured employees on the job during regular business hours, with a preference to provide service during non-business hours, weekends and holidays. In 2005, there were 32 reported injuries. At times, the City may schedule employees to work on a 24/7 basis. The City employs approximately 250 full-time employees and up to 350 seasonal employees during the summer months (see attachment a current employee headcounts). Depending on future health insurance initiatives, the Occupational Health Services Provider may be asked to provide cholesterol and blood pressure screenings for employees participating in wellness-type initiatives. The Occupational Health Services Provider would provide annual on-site physicals for firefighters. The total number of fire fighter physicals in 2005 was approximately 90. The City invites proposals from qualified organizations to provide Occupational Health Services. Applicants are required to have a minimum of five years of experience in administering this type of service. Experience in working with City occupations, especially public works employees and those in safety related occupations, is also desirable. 51 4 Occ Health - RFP Page 5 SCOPE OF SERVICE The vendor selected shall be capable of providing the following services as directed by the City: 1. Industrial Physicals for police officers, maintenance workers, and firefighters. 2. On site annual physicals for firefighters. 3. Non-DOT pre-employment drug testing for police officers, firefighters, and other personnel as directed, following proper protocols as established by law and City policy. 4. DOT pre-employment drug testing for maintenance workers as established by law. 5. Reasonable suspicion, post-accident and any other forms of drug and alcohol testing as needed according to DOT and/or Minnesota statute. 6. Occupational health consulting related to general safety issues to manage and prevent transmission of disease and illness ie, blood borne pathogens, infectious diseases. Provide consult to Safety Officer with regard to training initiatives/presentations related to safety, as requested. Advise City staff on best workplace safety and health practices, such as immunization schedules, hearing protection, etc. and assist City staff to establish preventative as well as post-incident/accident exposure policies/protocols. 7. Immediate care for employees who have sustained on-the-job injuries. May provide follow- up care for such cases, or initiate referrals to appropriate specialists. Initiate immediate communication (via fax/email) with insurance carrier and City staff as to the status of the employee's injury. Support City's Return to Work philosophy of releasing the employee to work at the earliest possible date with restrictions; become familiar with available light duty options. Demonstrate competence with regard to the Worker's Compensation Statute as it relates to RTW case management, preauthorization requirements and other treatment parameters. 8. Fitness for duty and return to duty physical exams as needed and/or provide competent referrals to specialists. 9. Potential for future health testing such as cholesterol and blood pressure screenings to staff participating in a wellness initiative yet to be determined. Vendor will have the ability to provide on-site testing as determined appropriate. 10. Specialized screening such as audiometric testing, spirometry and respirator clearance exams. 11. Customized wellness, health promotion and risk assessment services as requested. 12. Annual Flu shot clinics. 13. Participate or conduct workplace health fairs on-site as requested. 14. Disability case management for non work-related disability issues. 15. Functional capacities evaluations and consult with City staff on job description development. 16. Meet with appropriate City staff to discuss and evaluate the Occupational Health Services contract at least once per year or as requested. 52, 5 Occ Health - RFP Page 6 PROPOSAL EVALUATION CRITERIA The City will evaluate proposals based on the needs of the City and its employees. The following criteria will be used in evaluating each of the vendor responses: 1. Compliance with Scope of Service. 2. Ability to offer a comprehensive set of core services and benefits. 3. Competitive fees. 4. Access to qualified, professional counselors that are located within a 12- mile radius of the City. 5. Compliance with applicable State and Federal laws and regulations. 6. Ability for vendor to show compliance with the Health Insurance Portability and Accountability Act (HIPAA) Administrative Simplification Standards (including, but not limited to, a properly executed business associate agreement). 7. Financial position of vendor. 8. Stability of rates and fees over time. 9. Ability to provide the City with requested reports. 10. Ability to coordinate and initiate timely response to Employer and insurance carrier with regard to employee's status upon each examination/evaluation 11. Ability to refer employees to additional qualified and specialized resources/services in a seamless and efficient manner. 12. Other criteria identified by the City as important in evaluation of submitted proposals. The City will choose the proposal(s) that best fits its needs and the needs of employees. The City is not obligated to award the contract based on cost alone. 53 6 Occ Health - RFP Page 7 CONDITIONS AND STIPULATIONS You are invited to submit your Proposal for Occupational Health Services based on the information contained in this Request for Proposal. Vendors are invited to ask questions during the proposal process and to seek additional information, if needed, via written correspondence; email, fax or mail. ➢ The City will look to contract with a vendor who is able to provide the most comprehensive set of core benefits to the City and its employees. ➢ The City reserves the right to accept or reject any or all proposals and to waive formalities and select the carrier and benefit options that best meet the needs of the City and its employees. The City's objective is to select a carrier who will provide the best possible service at the best possible cost while meeting the Request for Proposal Scope of Service. The City is not obligated to award the contract based on cost alone. ➢ Any proposed deviations to any part of the Scope of Service must be submitted in writing as a part of the questionnaire, (question #1) and clearly identified in the appropriate section of the Proposal. Any deviation deemed to be significant by the City would disqualify the Proposal. Failure to identify any such deviation(s) shall not in the future accrue to the disadvantage of the City or any qualified participant or dependent in any manner. ➢ The vendor selected to provide services shall submit properly executed contracts to the City within sixty (60) days of the plan effective date. ➢ The vendor shall work with the City to conduct employee/participant surveys on an annual basis, as requested. ➢ All Providers must be in full compliance with Minnesota and Federal requirements relating to the requested coverage or administration of such benefits, including (but not limited to) state and federal privacy requirements. ➢ An account representative must be available to the City on an on-going basis. 5 7 Occ Health - RFP Page 8 VENDOR ORGANIZATION QUESTIONNAIRE Note: A complete response to this questionnaire must accompany all Requests for Proposals. A response such as "See Proposal" is not sufficient unless there is proper reference to the specific section of the proposal addressing the question. Please be specific in your answers. Deviations 1. Does your Proposal contain any deviations from the benefits, general conditions, stipulations or other provisions of the Scope of Service? If yes, provide details in a separate cover letter. Otherwise, confirm that you have responded according to Proposal conditions. Fees 1. Are the fees quoted in this Proposal firm and guaranteed for the term of the contract? 2. Provide the fee schedule to administer services described within the proposal. 3. Is the fee schedule bundled or unbundled? Is there a price discount if services are combined or bundled? 4. Are additional related services available beyond what is described within this RFP and/or your proposal? If so, what are the fees for these services? Health Insurance Coordination o Benefits 1. The City currently offers Medica and Health Partners medical insurance to eligible employees. How does your clinic/physicians network compare and/or coordinate with these insurance companies? Contract management 1. Describe your termination or non-renewal policy. What type of notice must the City provide if they wish to terminate or not renew its contract through your company/organization? 55 8 Occ Health - RFP Page 9 Administration and Member Services 1. Describe the range of both administrative and member services provided by your organization. 2. Who will assist the City with ongoing administration (i.e. account management)? a. Contact Name and Position: b. Contact Phone Number: c. Contact email address 3. Who will assist the City with ongoing questions or issues? a. Contact Name and Position: b. Contact Phone Number: c. Contact email address 4. Provide the office locations and hours for service. 5. How long does it take to obtain appointments and what is your turnaround time for results? 6. Provide credentials for Occupational Health Physicians and other staff who will service our account. 7. Please describe the clinical training staff may receive on employment related legal issues such as worker's compensation, FMLA, ADA? 8. Does the plan comply with all State and Federal mandates? If no, please explain. Please provide copies of pertinent policies and procedures relating to these requirements. 9. Does your organization outsource administration for any of the services you provide? If so, please explain and identify the other vendors that would be providing services to our employees. 10. Does your organization outsource physical and occupational therapy, if so, who provides the service? Please provide the credentials of these individuals. 5467 9 Occ Health - RFP Page 10 11.In addition to the standard reports presented with your Proposal, do you provide any additional reports upon request? Is there a charge? If yes, please provide additional cost. 12.Are there any reports you will not provide to the City? If so, please describe. 13.What education services (i.e. seminars, etc.) will you provide and at what charge? Vendor Overview 1. What experience has your company had with public sector entities? 2. How long has your company been conducting business in Minnesota? 3. Has your company been investigated by the Attorney General for any impropriety in the past five years? 4. Describe your health care certifications and standards under which you operate. 5. Briefly indicate the main attributes that differentiate your company from your competitors. 6. Is your company a subsidiary or affiliate of another company? If yes, please explain and provide full disclosure of any direct or indirect ownership or control by any administrative service agency. 7. Describe any pending arrangements to merge or sell your company. 8. Provide the names and telephone numbers of five (5) clients in the state of Minnesota with whom you have had a working relationship, as a reference for the City. Include the number of participants for each group. (Preferably, the references should be governmental units.) Include two groups that recently terminated coverage. Signature (Provider Representative) Title Company Date 57 10 Occ Health - RFP Page 12 APPENDIX A Employee Census Full-time Employees Part-time Employees Seasonal Employees Paid On-Call Firefighters _ 1 12 Agenda Information Memo August 15, 2006, Eagan City Council Meeting V. PUBLIC HEARING A. VARIANCES- 3220 Random Road ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Variance to exceed 576 square foot detached accessory structure limitation for a 768 square foot detached garage for property located at 3220 Random Road in the NW 1/4 of Section 12; subject to the conditions in the staff report. To approve (OR direct findings of fact for denial) a Variance to allow accessory structures exceed the size of the principal building for property located at 3220 Random Road in the NW '/4 of Section 12; subject to the conditions in the staff report. REQUIRED VOTE FOR APPROVAL: Majority of Council Members present FACTS: ➢ There is an existing 1,206 square foot house with an 832 square foot attached garage on site. The subject site is a corner lot and is 19,602 square feet in area. ➢ According to the applicant the additional accessory structure is necessary to accommodate his hobbies and storage of lawn equipment and a trailer. ➢ The proposed detached garage is 192 square feet over the limit for detached accessory structures. ➢ The accessory structures, existing and proposed, will exceed the size of the house by 394 square feet. ➢ A typical two-stall garage is 440 square feet (20'X22'); the code allows detached accessory structures to be 576 square feet when an attached accessory structure is present, which is 136 square feet larger than a typical two-stall garage. ➢ City Policy Makers will need to determine if an adequate hardship has been presented and that the factors for considering a variance are applicable. 60 DAY AGENCY ACTION DEADLINE ➢ Deadline is September 22, 2006 ATTACHMENTS (1): Planning Staff Report pages wthrougho ~v PLANNING REPORT CITY OF EAGAN REPORT DATE: August 1, 2006 CASE: 12-VA-16-07-06 APPLICANT: Michael and Jackie Holey HEARING DATE: August 15, 2006 PROPERTY OWNER: Same APPLICATION DATE: July 24, 2006 REQUEST: Variance PREPARED BY: Sheila Cartney LOCATION: 3220 Random Road COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R-1, Single Family Residential SUMMARY OF REQUEST The applicant is requesting approval of two Variances for a 768 square foot detached garage. The following variances are requested: 1) Variance to exceed 576 square feet limit for a detached garage; 2) Variance to allow the accessory structures to exceed the size of the principal building. The above requests are for property located at 3220 Random Road in the NW 1/4 of Section 12. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11. Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special conditions or circumstances do not result from actions of the applicant. CI Planning Report - 3220 Random Road Var August 15, 2006 Page 2 d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. CODE REQUIREMENTS According to the Accessory Buildings, Structures and Uses section of the Zoning Ordinance, when an attached accessory use is present on site, the total floor area of all detached accessory structures shall not exceed 576 square feet. The code defines accessory use as a subordinate use that is located upon the same lot on which the primary use is situated and which is reasonably necessary and incidental to the conduct of the primary or main use. BACKGROUND/HISTORY The subject site was platted as Lot 3, Harvey Addition in 1961. The existing house was built in 1962. EXISTING CONDITIONS There is an existing 1,206 square foot house with an 832 square foot attached garage on site. The subject site is a corner lot at the intersection of Rita Court and Random Road and is 19,602 square feet in area. APPLICANT'S ESTIMATE OF HARDSHIP The applicant's narrative indicates there is much need for an additional accessory structure to accommodate his hobbies of wood working and classic car collection as well as for storage of a trailer and yard equipment. EVALUATION OF REQUEST The City Code limits a detached garage to 576 square feet if an attached garage is present. The applicant currently has an 832 square foot attached garage and is requesting a Variance to allow for a 768 square foot detached garage, 192 square feet over the limit. A typical two-stall garage is 440 square feet (20'X22'); the code allows detached accessory structures to be 576 square feet when an attached accessory structure is present, which is 136 square feet larger than a typical two-stall garage. W~ Planning Report - 3220 Random Road Var August 15, 2006 Page 3 The proposed detached garage and the existing attached garage exceed the size of the principal building by 394 square feet. The house (foundation) is 1,206 square feet and the attached garage and proposed garage total 1,600 square feet. The zoning code defines hardship as a situation where property in question cannot be put to a reasonable use under the conditions allowed by the official controls where the plight of the landowner is due to circumstances unique to this property, not created by the landowner. Economic considerations alone shall not constitute a hardship if a reasonable use for the property exists under terms of the official controls. SUMMARY/CONCLUSION The applicant is proposing a 768 square foot detached garage that would require two variances, 1) Variance to exceed 576 square feet limit for a detached garage; and 2)Variance to allow the accessory structures to exceed the size of the principal building. The applicant's narrative indicates the need for the additional accessory structure to accommodate his hobbies of woodworking, and classic car collection as well as for storage of yard equipment and a trailer. The proposed garage exceeds the detached limitation of 576 square feet by 192 square feet and the proposed and existing garage exceed the size of the principal building by 394 square feet. City Policy Makers will need to determine if an adequate hardship has been presented and that the factors for considering a variance are applicable. ACTION TO BE CONSIDERED To approve a Variance to exceed 576 Square feet for a detached garage for property located at 3220 Random Road in the NW 1/4 of Section 12; if approved the following conditions shall apply: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The detached garage shall be no larger than 768 square feet. 3. No additional accessory buildings shall be allowed onsite. 4. The detached garage shall meet all other applicable City Ordinances To approve a Variance to allow the accessory structures exceed the size of the principal building for property located at 3220 Random Road in the NW '/4 of Section 12; if approved the following conditions apply: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2 Eagan Boundary Right-of-way Map ~ Parcel Area Park Area Location Ma - Building Footprint 4 ~ 3 INS • `t q v s~ in an 4 I~; Subject Site 4rE ~RrrNK r ~r , CO ~r-N0. 33 1 ~ ♦ ~r a ® ® q v t * @ n. ~ aT~tE rRUN ~G•s H KNK'1' No. ® ~~o A F®® o v a e q e ~s e~■ 4 s s r= w aflIs r'See lev ore IL • IL In i y !a .rN:•r t ® ~ ■la.~r o ~ .1°r® Q s ti I ; ♦ ~ da x w g ~ rr• dl ~d As ® ! 1r pKKM DOODLE Ro.i [ ,,o• Q ® ¢ \A~ 1000 0 1000 2000 Feet Development/Developer. 3220 Random Road Application: Variance Case No.: 12-VA-16-07-06 Map Prepared using ERSI ArcView 3.1. Parcel base map data provided N by Dakota County Office of GIS and is current as of April 2005. City of Eajan 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 5 Community Development Department not responsible for errors or omissions. P.1 PYRAMID 15151 Greenhaven Drive. 4112 Burraville, MN 55306 hone (995 52)j 88988-1-19911 ny 1 FIELD SERVICES CORPORATION P Certificate of Survey for: MIKE HOLEY LOT 3, HARVEY ADDITION PROPOSED GARAGE SLAB ELEVATION: DAKOTA OOUNTY, MINNESOT Denotes Monument Set - 1!2" X 14" LS #26325 • Denotes Monument Found i XXX.X Denotes Existing Elevation - XXX.X Denotes Proposed Elevatoin Denotes Drainage & Utility Easement Denotes Drainage Flow Direction (Unless otherwise noted) Denotes Offset SpikeWub 3).00 ' 30. Denotes Overhead Power Line I ' ~I . - - - Denotes Existing Fence Line I i LOT 2 + 146.07 r FISTING -R+T-A -C- O UR-T-- - - - - - - aASIN t ~ I i . pdp o. g6p 1 E4 - --AA 37 341. " ?13.0' - t ~ 841 .74 ° , Z V40.00 iz~ ad'x]r RLOwER \ -.78 842.10 $41.56 64N.-Br ~ovLIDHr rlKTUr~ \ l t 6 p3 'oA9\KETBALL HDOP 7j4•$ Sa nu• ` \ ae-Dw ( t \ ~E THEE I r~ CD \\}S A~ 843?5 d 842.06 I I LOT 4 A44°LE TREE ///VVV~~~ I b O- ~}}~V I r' 1 \ S I 1~,0' 8435 9 ~RpG~ _ /ory 2; Dw b42 56 1 I P E7RF.E5 b11' \ I I 543.31r 842.08 ~ 1., I Itl \ ` t o !PROPOSE 5 - ' NntE I ti*4, - 24'X32 z DED GARAGE ~o ~ i 8aS.69 1 ~ I ~ ` J o ~ -~-~L Irk] 842 O 76"plA Dlh 1"l I' MAPLE TREE ASH,TREE. LOT 3 847.24o I Z W. I T ~.QQ ASj I TREE -W `(51 -REE t /~"S 1 ;318' OIAHE TREES 17' 04 ASH TREE 64.35 00 i e/ L ~I N ash so- ; - Isom I e4z.o I' EX STIN~{,~_ - sa^.5s4 N 89°54'(10"E - - 4030. 140.DO' $4c.52 CATCH EXISTING saslr~- POWER POLE i - I hereby certify that this survey, plan or report was prepared by me or under :nrn feet my direct supervision and that I am a duly Licensed Land Surveyor under the SCALE: 1 = 30 laws of the state of Minnesotta.. Land Surveyors Na,-ne: /Ma-Al- ,Q 0 3D' 60. License W 26325 Date: O C~ RECEIVED JUL 2 4 2006 //JJ/~) (j/~/ 3IT IL' o ~ZC ~ / I Y u ; 17 0 g ~ n 4g ~ 54L rter`` oc ~li N ~ V C i~ N N W U W CC: ~o k 1 t I t I I ~ I 7 12 2 3gi 8383 g, e a' t g s w fi C1 \ T s X3,1 W Z Z \ a9 4~9 I IM 0 0. j ~0W <Z _ 5y 3 3 , I>ij RAh{DF1trA p 'A .g ~.J iz HQ.o i 1 li b a dLL v O= s a f'l y o rL I have lived at 3220 Random Road for 28 years, and plan to live there another 30 or more. I would like to build a garage on my property. I am applying for a variance for the following reasons. I have hobbies which include a classic car and wood working. I have recently became a grandpa and would like to build a garage that would be big enough to share my passion of my classic cars and wood working with my grand children. I also have yard equipment and a small trailer that I would like to store inside. I would like to get most if not all of the work completed this fall, and if riot I would finish it next spring when the weather gets nice. Thank you for helping me with hiy dream of having a nice garage to share with my family. Sincerely, Mike Holey RECEIVED JUL 2 4 2006 Agenda Information Memo August 15, 2006, Eagan City Council Meeting VII. NEW BUSINESS A. FINAL PLAT, PRELIMINARY PLANNED DEVELOPMENT, FINAL PLANNED DEVELOPMENT AND PRELIMINARY SUBDIVISION - MANLEY COMMERCIAL ACTION TO BE CONSIDERED: To approve a Final Plat (Manley Commercial Addition) to create one lot upon approximately 24.6 acres (Outlot N, Lone Oak) located south of O'Neill Drive and I-494 and West of Argenta Trail in the NE '/4 of Section 1. To approve (OR to direct preparation of findings for denial) a Preliminary Subdivision to create two lots and one outlot upon 24.6 acres located south of O'Neill Drive/I-494 and west of Argenta Trail in the NE '/4 of Section 1, subject to the conditions in the APC minutes, as amended. To approve (OR to direct preparation of findings for denial) a Preliminary Planned Development for a 90,000 sq. ft. school (grades 7-12) and worship center, and office buildings and a parking structure upon 24.6 acres located south of O'Neill Drive and I-494 and west of Argenta Trail in the NE 1/4 of Section 1, subject to the conditions in the APC minutes, as amended.. To approve (OR to direct preparation of findings for denial) a Final Planned Development for a school (grades 7-12) and worship center upon 14.97 acres located south of O'Neill Drive and I- 494 and west of Argenta Trail in the NE 1/4 of Section 1, subject to the conditions in the APC minutes, as amended. REQUIRED VOTE FOR APPROVAL: Preliminary Subdivision - majority of Councilmembers present; Preliminary and Final Planned Developments - at least three votes FACTS: ➢ The development site is approximately 26.9 acres in area. A 2.35-acre portion of the site is in Inver Grove Heights; the Eagan portion of the site is 24.6 acres. ➢ The applicant is proposing to Final Plat the existing parcel from an outlot to a lot; establish a Preliminary PD over the entire site, obtain Final PD approval for construction of the school and necessary infrastructure such as streets, utilities, storm ponding and wetland replacement, and proposes Preliminary Subdivision to subdivide the site into two lots, with one outlot for future office use. IV& ➢ The Preliminary Planned Development sets forth a detailed development plan for the school on Lot 1, Block 1, and a conceptual development plan for Outlot A consisting of up to 120,000 sq. ft. of office space. ➢ The proposal incorporates a new north-south public street and provides for the protection of two high-quality wetlands in the south central portion of the site. ➢ The proposal involves the filling of two other wetlands on the property. The applicant has submitted the required Wetland Replacement Plan which was recently recommended for approval by the Technical Evaluation Panel (see findings attached). ➢ Tree preservation and mitigation requirements are satisfied. ➢ The development is subject to cash parks and trails dedications. ➢ The Final Planned Development for Outlot A should be subject to review by the Advisory Planning Commission as a public hearing. ➢ Final Planned Development approval is requested for the school/worship center. The plans appear to comply with City Code requirements. ➢ Deviations are proposed with regard to the building setback from O'Neill Road, and parking stall size (90-degree stalls are 18' vs. 19' deep and angled stalls are 10' vs. 11.5' wide). ISSUES: ➢ Since the APC meeting, the developer has modified the plans, adding a storm water pond on the south end of Outlot A, scaling back the amount of office space proposed for Outlot A, employing more traditional storm water conveyance and treatment methods, and revising the Landscape and Site Lighting Plans to address comments in the staff report. ➢ The revised plans were reviewed by the Technical Evaluation Panel and the development now has a recommendation of approval on the revised Wetland Replacement Plan. ➢ A revised list of conditions reflecting the modifications to the plans and recommended TEP conditions will be provided in the informational packet prior to the City Council meeting. The applicant objects to the City's request to bury the overhead power lines due to the cost of possible on-going maintenance costs associated with it, and requests that condition be removed. ➢ The City received a letter regarding concerns about electromagnetic fields and siting a school near high voltage power lines. The letter and other information submitted by the writer are attached. ATTACHMENTS (6): APC Minutes of June 27, 2006, dated 1 V through Staff report, pages through /Iq Memo from Landform summarizin modifications since the APC meeting, page I~ Revised development plans, pages through L~ Public correspondence, pages through 52- Revised list of conditions of approval, and copy of final plat will be included in informational packet prior to City Council meeting. bq Advisory Planning Commission Minutes June 27, 2006 Page 9 4. This Preliminary PD approves the following uses: • Lot 1, Block 1 90,000 sq. ft. school (grades 7-12) and worship center, and associated parking and athletic field • Outlot A Office and associated parking 5. The Final Planned Development for Outlot A shall be subject to review and a public hearing by the Advisory Planning Commission. Compliance with City Code requirements and any proposed deviations shall be evaluated at the time of Final Planned Development. 6. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 7. All personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 8. Agreements providing for the perpetual private maintenance of the proposed underground storm water and infiltration systems shall be provided by the developer in a form acceptable to the City Attorney and Engineering Department. 9. Adequate fire hydrant coverage, in accordance with City engineering standards, shall be provided by the developer for the proposed school building. 10. The developer shall be responsible for the burying of the existing overhead utility lines along O'Neill Drive adjacent to the development. 1 1. The developer shall provide temporary public easement over the temporary cul-de-sac at the south end of the proposed street. 12. The developer shall provide a conservation easement around the wetlands. The easement shall be provided prior to release of the Final PD Agreement for recording, in a form acceptable to the City Attorney. 13. The wetland delineation report should be formally accepted as submitted. 14. The incidental wetland exemption request should be granted. 15. High quality wetlands "A" and "B" shall be protected according to the following provisions, all of which are proposed by the developer: a. avoidance of any impacts without demonstration of significant public benefit; b. minimum natural vegetation buffer width of 50 feet and average buffer width of 75 feet; C. 25-foot no-grade zone around wetlands; d. 25-foot structure setback from outer buffer edge, and e. a conservation easement for the surrounding area. 16. A wetland replacement plan must be approved by the City prior to issuance of a grading permit, or approval of the Final Planned Development or Final Subdivision. 17. The applicant shall be required to fulfill tree mitigation requirements through the installation of one hundred eighty-one (181) Category B trees. 70 Advisory Planning Commission Minutes June 27, 2006 Page 10 18. The applicant shall be required to protect the preserved tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 19. The applicant shall be required to contact the City Forestry Division and set up a pre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 20. This proposal shall be responsible for a cash parks and cash trails dedications, payable at the time of building permit issuance at the rates then in effect. 21. A 2.35-acre portion of the subject site is located in Inver Grove Heights and will require separate action by the Inver Grove Heights city council for development and plat approval. 22. Trash and recyclables storage shall be provided inside the principal building. Outside storage of trash shall not be allowed. 23. The applicant shall provide the necessary percentages to demonstrate compliance with the architectural standards ordinance for incorporation into the Final PD Agreement. 24. All building elevations shall be provided for incorporation into the Final PD Agreement, and all facades shall be treated as a front and should utilize the same architecture and materials. 25. Building elevations shall be required prior to Final Planned Development approval for Outlot A. 26.A revised Landscape Plan, incorporating the following modifications, shall be submitted for incorporation into the Final Planned Development Agreement for Lot 1. a. Add shrubs or perennials on top of retaining walls to enhance screening of the parking areas on top of the retaining walls. The specific plant material should be well-suited to the growing conditions and withstand snow storage. b. Redesignate trees within parking lot islands as landscaping, not mitigation. C. Include underlying grading contours . d. Plan shall be signed by the landscape architect who prepared it 27.A Landscape Plan shall be required at the time of Final Planned Development for Outlot A. 28. A sign plan shall be required at the time of Final Planned Development for the development of Outlot A. Signage for both the school and Outlot A shall be subject to compliance with City Sign Code standards. 29. The Final Site Lighting Plan shall include building and canopy lighting and show the lighting statistics. Parking lot lighting shall meet the 4:1 or less average to minimum standard. 30. 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 and placement of light fixtures do not conflict. 31. Site Lighting Plans shall be required for the development of Outlot A at the time of Final Planned Development and shall be subject to compliance with City Code standards in effect at that time. A vote was taken. All voted in favor. Motion carried 7-0 -11 Advisory Planning Commission Minutes June 27, 2006 Page 11 Member Chavez moved, Member Feller seconded a motion to recommend approval of a Final Planned Development for a school (grades 7-12) and worship center upon 14.97 acres located south of O'Neill Drive and 1-494 and west of Argenta Trail in the NE 1/4 of Section 1 subject to the following conditions: 1. The developer shall execute a Final Planned Development Agreement which includes the following plans: • Final Site Plan • Final Building Elevations • Final Landscaping Plan • Final Site Lighting Plan 2. The property shall be platted. 3. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, B1, B3, B4, C1, C2, C4, D1, and E1 4. This Final PD approves a 90,000 sq. ft. school (grades 7-12) and associated parking and athletic field 5. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 6. All personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 7. Agreements providing for the perpetual private maintenance of the proposed underground storm water and infiltration systems shall be provided by the developer in a form acceptable to the City Attorney and Engineering Department. 8. Adequate fire hydrant coverage, in accordance with City engineering standards, shall be provided by the developer for the proposed school building. 9. The developer shall be responsible for the burying of the existing overhead utility lines along O'Neill Drive adjacent to the development. 10. The developer shall provide temporary public easement over the temporary cul-de-sac at the south end of the proposed street. 11. The developer shall provide a conservation easement around Wetlands A and B to be protected. The easement shall be provided prior to release of the Final PD Agreement for recording, in a form acceptable to the City Attorney. 12. The wetland delineation report should be formally accepted as submitted. 13. The incidental wetland exemption request should be granted. 14. High quality wetlands A and B shall be protected according to the following provisions, all of which are proposed by the developer: a. avoidance of any impacts without demonstration of significant public benefit; b. minimum natural vegetation buffer width of 50 feet and average buffer width of 75 feet; c. 25-foot no-grade zone around wetlands; d. 25-foot structure setback from outer buffer edge, and -7911" Advisory Planning Commission Minutes June 27, 2006 Page 12 e. a conservation easement for the surrounding area. 15. A wetland replacement plan must be approved by the City prior to issuance of a grading permit, or approval of the Final Planned Development or Final Subdivision. 16. The applicant shall fulfill tree mitigation requirements through the installation of one hundred eighty-one (181) Category B trees. 17. The applicant shall protect the preserved tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 18. The applicant shall contact the City Forestry Division and set up a pre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 19. This proposal shall be responsible for a cash parks and cash trails dedications, payable at the time of building permit issuance at the rates then in effect. 20. A 2.35-acre portion of the subject site is located in Inver Grove Heights and will require separate action by the Inver Grove Heights city council for development and plat approval. 21. Trash and recyclables storage shall be provided inside the principal building. Outside storage of trash shall not be allowed. 22. The applicant shall provide the necessary percentages to demonstrate compliance with the architectural standards ordinance for incorporation into the Final PD Agreement. 23. All building elevations shall be provided for incorporation into the Final PD Agreement, and all facades shall be treated as a front and should utilize the same architecture and materials. 24. Building elevations shall be required prior to Final Planned Development approval for Outlot A. 25. A revised Landscape Plan, incorporating the following modifications, shall be submitted for incorporation into the Final Planned Development Agreement. a. Add shrubs or perennials on top of retaining walls to enhance screening of the parking areas on top of the retaining walls. The specific plant material should be well-suited to the growing conditions and withstand snow storage. b. Redesignate trees within parking lot islands as landscaping, not mitigation. c. Include underlying grading contours. d. Plan shall be signed by the landscape architect who prepared it. 26. A Landscape Plan shall be required at the time of Final Planned Development for Outlot A. 27. A sign plan shall be required at the time of Final Planned Development for the development of Outlot A. Signage for both the school and Outlot A shall be subject to compliance with City Sign Code standards. 28. The Final Site Lighting Plan shall include building and canopy lighting and show the lighting statistics. Parking lot lighting shall meet the 4:1 or less average to minimum standard. 29. 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 and placement of light fixtures do not conflict. 30. Site Lighting Plans shall be required for the development of Outlot A at the time of Final Planned Development and shall be subject to compliance with City Code standards in effect at that time. I 3 Advisory Planning Commission Minutes June 27, 2006 Page 13 A vote was taken. All voted in favor. Motion carried 7-0. Member Chavez moved, Member Heaney seconded a motion to recommend approval of a Preliminary Subdivision to create two lots and one outlot upon 26.9 acres located south of O'Neill Drive/1-494 and west of Argenta Trail in the NE 1/< of Section 1 subject to the following conditions: Standard Conditions 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2,1993: All, B1, B3, B4, C1, C2, C4, D1, and E1 2. The property shall be platted. 3. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 4. All personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 5. Agreements providing for the perpetual private maintenance of the proposed underground storm water and infiltration systems shall be provided by the developer in a form acceptable to the City Attorney and Engineering Department. 6. Adequate fire hydrant coverage, in accordance with City engineering standards, shall be provided by the developer for the proposed school building. 7. The developer shall be responsible for the burying of the existing overhead utility lines along O'Neill Drive adjacent to the development. 8. The developer shall provide temporary public easement over the temporary cul-de-sac at the south end of the proposed street. 9. The wetland delineation report should be formally accepted as submitted. 10. The incidental wetland exemption request should be granted. 11. High quality wetlands "A" and "B" shall be protected according to the following provisions, all of which are proposed by the developer: a) avoidance of any impacts without demonstration of significant public benefit; b) minimum natural vegetation buffer width of 50 feet and average buffer width of 75 feet; c) 25-foot no-grade zone around wetlands; d) 25-foot structure setback from outer buffer edge, and e) a conservation easement for the surrounding area. 12. A wetland replacement plan must be approved by the City prior to issuance of a grading permit, or approval of the Final Planned Development or Final Subdivision. 13. The applicant shall be required to fulfill tree mitigation requirements through the installation of one hundred eighty-one (181) Category B trees. 14. The applicant shall be required to protect the preserved tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene Advisory Planning Commission Minutes June 27, 2006 Page 14 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. 15. The applicant shall be required to contact the City Forestry Division and set up a pre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 16. This proposal shall be responsible for a cash parks and cash trails dedications, payable at the time of building permit issuance at the rates then in effect. 17. A 2.35-acre portion of the subject site is located in Inver Grove Heights and will require separate action by the Inver Grove Heights city council for development and plat approval. A vote was taken. All voted in favor. Motion carried 7 -0. VI. VISITORS TO BE HEARD (FOR THOSE NOT ON AGENDA) There were no visitors to be heard for items not on the agenda. VII. OTHER BUSINESS City Planner Ridley announced that a Workshop would be held at 5:30 p.m. on July 13, 2006. VIII. ADJOURNMENT Member Chavez moved, Member Keeley seconded a motion to adjourn the Advisory Planning Commission meeting at 8:00 p.m. All voted in favor. Motion carried 7-0. Respectfully Submitted by: Dana Keeley APC Secretary Mira Pepper Deputy City Clerk 75 PLANNING REPORT CITY OF EAGAN REPORT DATE: June 22, 2006 CASE: 01-PD-03-05-06; 01-PS-10-05-06; And 01-FD-05-05-06 APPLICANT: Manley Commercial HEARING DATE: June 27, 2006 PROPERTY OWNER: Laukka-Beck Eagan APPLICATION DATE: May 31, 2006 REQUEST: Preliminary Subdivision PREPARED BY: Pamela Dudziak Preliminary Planned Development Final Planned Development LOCATION: South of O'Neill Drive/I494 and west of Argenta Trail COMPREHENSIVE PLAN: Special Area - Office/Service ZONING: PD, Planned Development SUMMARY OF REQUEST Manley Commercial Inc. is requesting approval of a Preliminary Subdivision to create two lots and one outlot and a Preliminary Planned Development for a school (grades 7-12) and offices upon 26.9 acres. Also requested is approval of a Final Planned Development for the school. The subject property consists of an outlot on O'Neill Drive south of I-494 and west of Argenta Trail in the NE'/4 of Section 1. A 2.35-acre portion of the subject site is located in Inver Grove Heights and will require separate action by the Inver Grove Heights city council for development and plat approval. 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. Top Planning Report - Novus Addition June 27, 2006 Page 2 B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. 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. 1. 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). J. 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: -77 Planning Report - Novus Addition June 27, 2006 Page 3 1. Providing greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. 2. Recognizing the economic and cultural advantages that will accrue to the residents of a planned community. 3. Encouraging a more creative and efficient approach to the use of the land. 4. Encouraging the preservation and enhancement of desirable site characteristics, natural features, and open space. 5. Encouraging a development pattern that is consistent with land use density, transportation facilities and community facilities objectives of the Comprehensive Plan. EXISTING CONDITIONS The site is vacant with rolling topography, scattered wooded areas and several wetlands. The property is currently zoned PD, Planned Development and is guided for O/S, Office/Service uses in the City's Comprehensive Guide Plan. A 40-foot gas line easement extends along the west side of the property. The site is within the area commonly referred to as The Waters office park. Adjacent properties include the 480,000 SF Ecolab (originally Cray Research) Campus to the west and the 264,000 SF Northwest Airlines (NWA) Corporate Headquarters and the 279,000 SF NATCO training facility to the northwest. BACKGROUND/HISTORY Except for the small portion located in IGH, the subject site is located within the 1985 Laukka- Beck Eagan Planned Development that incorporated approximately 450 acres in northeast Eagan. This Planned Development called for the establishment of office/retail, office retail/showroom, and research and development uses throughout the site. In February 2004, the City received an application for a Comprehensive Guide Plan Amendment to change the land use designation on this site from O/S, Office/Service to MD, Medium Density residential (4-12 units/acre). No action was taken by the City on the proposal, and the applicant withdrew the application in May 2004. A land use study subsequently undertaken by the City resulted in a conclusion by the study group that the current O/S, Office/Service land use designation was appropriate for this site. The City Attorney and staff have reviewed the zoning and Comprehensive Guide Plan history of the subject site and found that a small portion of the site had a zoning of R-4, Multi-family in 1974 through 1986 and a review of the area in 1985 stated that the "current R-4 in the area was intended to create a buffer, but is not of a practical shape to allow development." Also, the City's first Comprehensive Guide Plan (1974) guided the property Regional Shopping Center 78 Planning Report - Novus Addition June 27, 2006 Page 4 (RSC) and it has been guided for retail and/or office, office/showroom, and research and development use since that time. SURROUNDING USES Existing development in the proximity of the subject site consists of large scale corporate office (Ecolab, NWA, and the USPS) and a significant amount of office, office-showroom and office- warehouse development. The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zonin Land Use Designation North O'Neill Drive/I-494 South Undeveloped; A, Agriculture SA-O/S, Special Area- Office/Service East Inver Grove Heights A, Agriculture Office West Undeveloped NWA PD, Planned Development SA-O/S, Special Area- property Office/Service EVALUATION OF REQUEST Description of Proposal - The applicant is proposing a Preliminary Planned Development for a 90,000 sq. ft. private school, grades 7-12, and associated athletic fields on the eastern portion of the site. The school also contains a worship component, People of Praise (POP), which utilizes the auditorium in the building for worship services. Future development of three multi-story office buildings totaling approximately 270,000 sq. ft. with structured parking is proposed on the western portion of the site. Final Planned Development for the first phase of the development, the school and associated athletic fields, is also proposed at this time. A Preliminary Subdivision is proposed to divide the site into two lots and one outlot. A north- south public street is proposed from O'Neill Drive extending to a temporary cul-de-sac at the southern boundary of the site. Lot 1 consists of the school and athletic field, Lot 2 is the 2.35 acre parcel in IGH intended as a practice field for the school, and Outlot A is the western portion of the site proposed for future office development. Because the development plan for Outlot A is so conceptual at this time, the Final Planned Development for Outlot A should be subject to review in a public hearing by the Advisory Planning Commission. While the office use is considered compatible, compliance with City Code requirements and deviations from typical code standards are more appropriately evaluated when complete detailed development plans for Outlot A can be reviewed in total. Compatibility with Surrounding - Nearby development consists primarily of large scale corporate offices (Ecolab, NWA, etc.), office/showroom and office/warehouse developments. The proposed office use is similar to surrounding uses. The proposed school/worship center does _11? Planning Report - Novus Addition June 27, 2006 Page 5 not appear incompatible with surrounding office uses and is similar to Faithful Shepherd, another private school located in an office park area on Yankee Doodle Road. Preliminary Subdivision: Lots - The proposed north-south public street separates the property into two parcels. The municipal boundary further delineates the eastern portion of the property into two parcels. Lot 1 is 14.97 acres in area and is proposed for development of the school and athletic field. Lot 2 is 2.35 acres in area and is intended to be used as a practice field for the school. A portion of Lot 1 also contains existing wetlands A and B. Lot 2 is located in IGH and as such, the subdivision will require approval from the IGH City Council. Outlot A encompasses 7.4 acres of the western portion of the property and is not proposed for development at this time, but is anticipated for future office development consisting of three buildings and a parking ramp in addition to surface parking lots. Grading/ Topography - The site is lightly to heavily wooded and has rolling topography and four wetland areas. A majority of the site will be disturbed in preparation for the proposed building, parking lot, and athletic fields. All erosion/ sediment control plans submitted for development and grading permits should be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, should have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. Storm Drainage - The preliminary storm drainage plan is acceptable with modifications. The size of the development and its proximity to existing wetlands make it a candidate for "low- impact" development (LID) techniques, which can include infiltration areas, reducing impervious surfaces, and open drainage. The developer is proposing LID features within the site, including rain gardens and infiltration techniques. A majority of the development will drain to the existing wetland complex in the south center portion of the site after draining through rain gardens or constructed underground detention systems throughout the site. The proposed storm water management system is designed maintain existing storm runoff volumes and high water levels in the wetland. Agreements providing for the perpetual private maintenance of the proposed underground storm water and infiltration systems should be provided in a form acceptable to the City Attorney and Engineering Department. An outlet pipe for the wetland will be constructed to the south with future development of that property (Parcel 010-02). An emergency overland overflow from the wetland is available to the south to provide flood protection for the proposed development. Utilities - The preliminary utility plan is acceptable with modifications. Sanitary sewer and water main lines of sufficient size, depth, and capacity are available in the southwest corner and C) Planning Report - Novus Addition June 27, 2006 Page 6 along the west edge of the site to serve the proposed development. Adequate hydrant coverage, in accordance with City engineering standards, should be provided by the developer for the proposed school building. The City Code requires that all private utilities (gas, telephone, electric) be buried underground in all new subdivisions. The developer should be required to bury the existing overhead utility lines along O'Neill Drive adjacent to the development. Streets/ Access/ Circulation - Public street access is available to O'Neill Drive, along the north edge of the development, and from a proposed 48-feet wide public street (Inspiration Parkway) extending north-south through the center of the site. A temporary cul-de-sac is proposed at the south end of the site for extension south with future development of the adjacent property. O'Neill Drive is an existing 38-feet wide collector street that parallels I-494 from Highway 149 to Dakota County Road 63 in Inver Grove Heights. The proposed street improvements and layout are in accordance with the various recent transportation studies for northeast Eagan. Pedestrian access is provided with 6-feet wide sidewalk and 8-feet wide trail along the public street. Easements/ Permits/ Right-of-Way - The developer should provide temporary public easement over the temporary cul-de-sac at the south end of the proposed street. The City is currently pursuing the turnback of the public right-of-way over O'Neill Drive from MN Department of Transportation (MnDOT) to City control. The excess property south of the O'Neill Drive right-of-way needed for City maintenance purposes may be considered excess, and is being pursued for acquisition separately by the developer for incorporation into the final plat for this development. Water Ouality - This proposed 26.9-acre subdivision is located in the extreme northeast corner of the City. Any sto rrmwater runoff from the site would drain west toward the Minnesota River. Because of the size of the parcel, this project is subject to City water quality requirements. The developer proposes to meet water quality requirements through innovative stormwater management practices including rain gardens, underground storage (wet vaults), and underground infiltration pipes. No stormwater treatment basins are proposed. All stormwater from these practices would be routed to created (replacement) wetlands and then to existing high quality wetlands. There is no specific stormwater management information provided for approximately half of the site ("Outlet A" - commercial development portion). Wetlands - Wetland Delineation Report - The wetland delineation report for the project site (Graham Environmental Services, Inc.; Project No. 2005.090) identifies five wetlands that are subject to the City's jurisdiction, according to Minnesota Wetland Conservation Act (WCA) Rules (Ch. 8420). The developer's consultant evaluated the boundaries and characteristics of the 81 Planning Report - Novus Addition June 27, 2006 Page 7 wetlands using widely accepted methods. Any proposals to impact these wetlands by draining, filling, or excavating need to meet all provisions of WCA Rules. Wetland Ecological Assessment - In Fall, 2005, as part of the ongoing process to update Eagan's water quality management plan (WQMP), City consultants conducted ecological assessments of the wetlands using standard (NfNRAM) approaches. These assessments indicate wetlands "A" and "B" to be of high ecological quality. Because neither of these wetlands is connected to the City's stormwater drainage system, they are among the highest quality observed by City staff. The assessments indicate wetlands "C," "D," and "E" to be of low ecological quality. Preliminary wetland management classifications being developed in the WQMP update process indicate wetlands "A" and "B" would receive the highest level of protection. Approaches for this management classification may include: 1) avoidance of any impacts without demonstration of significant public benefit; 2) minimum natural vegetation buffer widths of 50 feet and average buffer widths of 75 feet; 3) 25-foot no-grade zone around wetlands; and 4) 25-foot structure setback from outer buffer edge. The other three wetlands would be protected similarly to what is provided by WCA Rules. The developer is proposing to protect wetlands "A" and "B" consistent with the approaches indicated above. Furthermore, a conservation easement is proposed for the area surrounding wetlands "A" and "B." Wetland Exemption Request - MN Rules Ch. 8420.0122 Subp. 5 allows draining, filling, excavating of wetlands created solely from actions that resulted in unintentional ("incidental") wetlands. The developer has requested the City to exempt it from replacement standards, permitting 8,602-ft2 wetland "E" to be filled entirely. Historical evidence indicates wetland "B" was formed by construction of O'Neill Drive. Wetland Replacement Plan Application - The developer proposes to fill 20,460 square feet of the wetland (2,550-ft2 wetland "C" in entirety and 17,910-ft2 wetland "D" in entirety) and to replace this impact onsite by creating 28,254 ft2 of new wetland and by claiming 116,159 ft2 of public value credit for establishment of native grass upland habitat surrounding existing and created wetlands. The proposed amounts of replacement exceed the minimum 2:1 standards of the WCA Rules. Plan Evaluation - Because of the complexity of the issues associated with this proposed development, the City initiated a review by its Wetlands Technical Evaluation Panel (WTEP). MN Rules 8420.0240 provides for such a process to make technical findings and recommendations. The WTEP is comprised of staff from the Board of Water and Soil Resources (BWSR), Dakota County Soil and Water Conservation District, and the City of Eagan. According to the Rules, when the WTEP makes a recommendation, the City must consider it in its approval or denial of a proposed replacement plan. 871-1. Planning Report - Novus Addition June 27, 2006 Page 8 In summary, the WTEP does not recommend approval of the wetland replacement plan application and provides the following findings and recommendations: • Wetland delineation is acceptable and exemption request to Basin E applicable. • Basin A and B are high quality wetlands and reliable and exemplary avoidance and minimization protection is expected. • There is inadequate information to ensure compliance with the WCA because stormwater issues have not been fully identified for the entire site and the eventual future cumulative impact on wetlands cannot be quantified without this information. • Additional wetland replacement acres than required by the WCA do not automatically compensate for unknown secondary and cumulative impacts associated with stormwater management and potential volume increases that may change existing characteristic and desirable vegetation. • Use of Low Impact Development (LID) strategies to reduce impervious surfaces, include bioretention and surface infiltration, and use of excess stormwater for site irrigation should be evaluated instead of underground vaults and infiltrating underground pipes. • Information is needed on who will determine and from where soils will be taken to top- dress created wetlands. • A long-term means of protection for the native upland grass and created wetlands needs to be identified and processed. The APrC recommended suspending approval of the Wetland Replacement Plan until additional technical information can be received about overall site stormwater management issues and specific replacement wetlands construction strategies. Tree Preservation - A tree inventory submitted with this application indicates that there are two- hundred thirty-seven (237) significant trees and thirty-two thousand nine-hundred fourteen (32,914) square feet (.76 acres) of significant woodlands in the inventory. Individual Trees - Individual tree size and species break down is as follows: Species Avg Diameter Dia. Range Count Percent of Total Oak 16" 6"-48" 79 33% Maple 15" 7"-22" 52 22% Cottonwood 14" 7-20" 40 17% The balance of the significant individual tree inventory is comprised of a variety of deciduous trees, including species such as elm, poplar, and apple; and a few conifer trees such as pine and cedar trees. Significant Woodlands - The significant woodlands on this site is comprised mostly of smaller diameter (4"-12") deciduous trees such as elm, boxelder, black cherry, and oak trees. The development as proposed will result in the removal of one-hundred fifty-three (153) of the two-hundred thirty-seven (237) significant trees (65 % of the total), and in the removal of all of the significant woodlands, thirty-two thousand nine-hundred fourteen (32,914) square feet. Planning Report - Novus Addition June 27, 2006 Page 9 According to the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal (single-phase, multiple-lot, commercial) is set at 47.5% of the total significant trees and significant woodlands. With a proposed removal more than the allowable amount, there is a required tree mitigation of one hundred eighty-one (181) Category B trees. The applicant has submitted a Tree Mitigation Plan that indicates the installation of the equivalent of two-hundred-two (202) Category B trees to fulfill tree mitigation requirements. The APrC recommended approval of the Tree Preservation and Mitigation Plan. Parks and Recreation - This proposal should be subject to a cash parks dedication and cash trails dedication, payable at the time of building permit at the rates then in effect. The 2006 rates are $5,790. per net acre for parks and $1,251.00 per net acre for trails. Financial Obligation - At this time, there are no pending assessments on the parcel proposed for platting. Based upon a study by City staff of the financial obligations collected in the past and proposed use for the property, the following estimated charges will be collected at time of final subdivision or connection to the City's utility system. 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 required with the plat: Improvement Use Rate Quantity Amount Storm Sewer Trunk C/I $0.159/ sf 735,613 sf $116,960 Water Trunk C/I $2,430/ ac 24.56 ac $59,680 Total $176,640 Preliminary (and Final) Planned Development: Site Plan - The Site Plan shows a new public street (Inspiration Parkway) through the site extending to the south boundary of the property and ending in a temporary cul-de-sac. A 90,000 sq. ft. school is proposed on the eastern portion of the site, with an athletic field to the south of the school, and parking to the northwest. An additional practice field is proposed in the southeast corner of the site within the city of IGH. Access to the school is provided from the north via Inspiration Parkway, and from the east with a direct connection to O'Neill Drive south of the school building. The westerly Outlot A shows three building pads for future office development and a parking ramp. Access to the office buildings will come from Inspiration Parkway. Bulk Standards - While the City Code does not specify bulk standards for the PD zoning district, the RD standards are applicable for comparative purposes. The RD zoning district requires the following: Building Setbacks Minimum building setbacks in the RD district are: Front yard = 40 feet (from O'Neill Drive and Inspiration Parkway) 04 Planning Report - Novus Addition June 27, 2006 Page 10 Side yard = 20 feet Rear yard = 20 feet The proposed school building on Lot 1 satisfies these setbacks with the exception of the northeast corner of the building which is set back only 20 feet from O'Neill Drive. The majority of the building is set back the required 40 feet and only a small corner of the building encroaches to 20 feet. The applicant's narrative states this setback deviation "is requested to allow the northeast corner of the school building to move away from the wetland area to provide the wetland buffer area and to create a more visually appealing entry to the site." This setback deviation can be accommodated within the Planned Development. Regarding Outlot A, with the three office buildings proposed on one parcel, internal side yard setbacks do not apply. However, the applicant is requesting a deviation to allow a 20 foot building setback from the proposed public right-of-way, Inspiration Parkway. The concept plan shows Building A (the northerly building) set back approximately 35 feet from Inspiration Parkway and less than 10 feet from O'Neill Drive, however, this setback is likely to increase with the developer's anticipated acquisition of additional land that is currently part of MnDOT right-of-way over O'Neill Drive. The parking structure is proposed to be set back 20 feet from Inspiration Parkway. The applicant's narrative states the reasons for these setback deviations are the distance of the northerly property line from O'Neill Drive and to work around existing large trees on the site. These acceptability of these setback deviations are a policy matter to be determined by City officials. Building Height - The RD zoning district allows a maximum building height of 45 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, the proposed school building is approximately 35 feet in height. The applicant's narrative states that the three office buildings on Outlot A will be multi-level and the parking ramp will be four stories. The applicant is requesting approval of additional building height up to 70 feet for office Building A. The applicant's narrative states "The increased height will allow for greater open space on the site, and the protection of some existing vegetation." While additional building height may be appropriate, it usually entails additional structure setback as well, however, in this case the applicant is also requesting a reduced building setback. Building Coverage - Building coverage is proposed at 12.58% for Lot 1, 54.8% for Outlot A which includes the parking ramp. The City's building coverage limits do not take into account the additional structure area presented by a parking ramp. The coverage for Outlot A would be less if structured parking were not part of the proposal. Overall, building coverage for the site as a whole is 22.12%. Green Space - Much of the green space is provided in the central portion of the site around the preserved and replacement wetlands on Lot 1, and also in the school's athletic fields. 85 Planning Report - Novus Addition June 27, 2006 Page 11 Green Space on Lot 1 is 66.1%, and on Outlot A is 39.72%. Typical minimum green space requirements for commercial/industrial development is 25% to 35%. Trash Enclosures - Trash and recyclables storage should be provided inside the principal building. Outside storage of trash shall not be allowed. Parking - School - The City Code does not contain a specific provision for school parking. A total of 269 parking stalls is proposed for the school. The applicant's narrative states that the school has daily parking need of up to 180 spaces. Given that, with 269 stalls proposed, the site appears adequately parked for daily school use. Based on the 750 person capacity of the auditorium/worship hall, 215 parking stalls would be required for the worship component. With 269 stalls on site, the site also should be adequately parked for worship services. The proposed parking stalls for the school/worship center do not meet the City's dimensional requirements. City Code requires parking stall dimensions of 10' wide by 19' deep for head-in 90-degree stalls. Angled parking is required to be 11' wide by 19.5' deep. The proposed parking stalls are 18' deep, and angled parking stalls are 10' wide. This is a deviation from City Code standards. The acceptability of the proposed parking stalls is a policy matter to be determined by City officials. The required drive aisle widths of 16 feet for one-way and 24 feet for two-way are satisfied. Offices - The proposal for office development on Outlot A consists of three office buildings totaling 270,000 sq. ft. At this density, a total of 1,440 stalls would be required. The preliminary plan shows 780 stalls provided in a parking structure, the remaining required stalls would need to be provided through surface lots. The intensity of the office use in the final development may be limited by the amount of parking that can be provided. Compliance with parking requirements will be required with the Final Planned Development for development of Outlot A. Elevations - Building elevations were submitted for the school building. Only the north and west elevations are shown. All building elevations should be provided for incorporation into the Final PD Agreement, and all facades should be treated as a front and should utilize the same architecture and materials. No elevations were submitted for the office buildings or parking ramp proposed for Outlot A. Elevations are required prior to Final Planned Development approval for Outlot A. According to the applicant's narrative, "the educational and religious influence of the POP/Trinity School is based on traditional Latin teachings; therefore, the building's overall design concept is loosely drawn from a Mediterranean style of architecture from the early middle ages." The exterior materials consist of brick and glass; stone is used to crate a vertical element and to highlight the building entrances. "The roof will consist of areas with flat ballasted roofing material and areas of `green roof,"' as well as standing seam metal at some of the single story portions of the building "in an effort to bring the elevations down to a more pedestrian scale." The revised narrative submitted on May 31, states that the building elevations do comply with the City's recently adopted architectural standards ordinance. The applicant should provide 8~ Planning Report - Novus Addition June 27, 2006 Page 12 the necessary percentages to demonstrate compliance with the ordinance for incorporation into the Final PD Agreement. 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 landscape ordinance standards, absent any mitigation plantings. The applicant has submitted both separate and combined plans for the landscaping and mitigation components of the site planting. The proposed Landscape Plan is acceptable with modifications. The landscape plan shows shade trees on both sides along the new Inspiration Parkway, and also along the southwest side of the main driveway to the school. The northern parking lot is set a few feet above the adjacent roadways with a retaining wall on west and north sides. Landscaping in this area consists of shade trees. While the elevation change may provide some screening of parking from the right- of-way, staff suggests a hardy shrub or perennials that will enhance screening of the parking areas be included on top of the retaining walls; the specific plant material should be well-suited to the growing conditions and withstand snow storage. Shrub and perennial plantings are proposed around the building. A row of evergreen trees extends along O'Neill Drive on the northeast side of the building. Some of the trees within the parking lot islands are designated as mitigation, but island planting is a required landscape element, so these trees should be redesignated on the revised plans as part of the landscape materials. Staff is concerned about crowding with trees spaced 15-20 feet apart along the public and private drive, and the south school parking lot. A revised Landscape Plan, incorporating the modifications suggested above, should be submitted for incorporation into the Final Planned Development Agreement. The revised plan should include underlying grading contours and be signed by the landscape architect who prepared it. A Landscape Plan will be required for Outlot A at the time of Final Planned Development Signage - A signage plan was not submitted. A sign plan will be required at the time of Final Planned Development for the development of Outlot A. Signage for both the school and Outlot A will be subject to compliance with City Sign Code standards. Site Lighting - Site lighting is proposed to be accomplished through free-standing pole-mounted lighting. The proposed fixtures are 400 watt metal halide, single- and double-head shoebox type fixtures, mounted at 25 and 30 feet. Typically, minimum light levels of 0.5 foot-candles within parking lots, and maximum light levels of 1.0 footcandle at the property line are considered acceptable. There are two areas where light levels drop below 0.5 footcandles within the parking lots - at the southwest corner of the lot by the athletic field, and at the south edge of the northerly parking lot adjacent to the building. Building and canopy lighting were not shown on the photometric plan. It is expected that such lighting will enhance light levels and security at the entrances and other pedestrian areas adjacent to the building. The Illuminating Engineering Society of North America (2003) manual suggests an average-to-minimum uniformity ratio not greater than 4:1. Minimum, maximum and average light level statistics were not provided. g7 Planning Report - Novus Addition June 27, 2006 Page 13 The Final Site Lighting Plan should include building and canopy lighting, show the lighting statistics, and parking lot lighting should meet the 4:1 or less average to minimum standard. The developer 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 and placement of light fixtures do not conflict. Site Lighting Plans will be required for the development of Outlot A at the time of Final Planned Development and will be subject to compliance with City Code standards in effect at that time. SUMMARY/CONCLUSION In summary, Manley Commercial Inc. is requesting approval of a Preliminary Subdivision to create two lots and one outlot and a Preliminary Planned Development for a school (grades 7- 12) with worship center, and offices with associated parking upon 26.9 acres. Also requested is approval of a Final Planned Development for the school/worship center. The proposed uses appear compatible with surrounding land uses. The Preliminary Planned Development sets forth a detailed development plan for Lot 1, Block 1, and a conceptual development plan for Outlot A. Because the development plan for Outlot A is very conceptual at this time, it seems premature to grant the requested deviations for setbacks and building height. Such deviations would be more appropriately considered at the time of Final Planned Development, when complete detailed development plans for Outlot A can be reviewed in total. Thus, the Final Planned Development for Outlot A should be subject to review by the Advisory Planning Commission as a public hearing, and compliance with City Code requirements for parking, green space, building coverage, setbacks, etc. and any proposed deviations will be evaluated as part of the Final Planned Development. The proposal incorporates a new north-south public street, provides for the protection of two high-quality wetlands in the south central portion of the site, and utilizes innovative stormwater management practices. The proposal involves the filling of two other wetlands on the property. The applicant has submitted the required wetland replacement plan, but it has not yet been approved. Approval of the wetland replacement plan is required prior to grading activity. Tree preservation and mitigation requirements are satisfied with required tree replacement occurring with the first phase (Lot 1, Block 1) of development. The development is subject to cash parks and trials dedications. Final Planned Development approval is requested for the school/worship center. The plans appear to comply with City Code requirements with some modifications to the Landscape/Mitigation and Site Lighting Plans. Deviations are proposed with regard to building setback and parking stall size. Planning Report - Novus Addition June 27, 2006 Page 14 ACTION TO BE CONSIDERED To recommend approval of a Preliminary Planned Development for a 90,000 sq. ft. school (grades 7-12) and worship center, and office buildings and a parking structure upon 26.9 acres located south of O'Neill Drive and I-494 and west of Argenta Trail in the NE 1/4 of Section 1. 1. The developer shall execute a Planned Development Agreement which includes the following plans: • Preliminary Site Plan • Preliminary Building Elevations • Preliminary Landscaping Plan • Preliminary Site Lighting Plan 2. The property shall be platted. 3. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2,1993: A1, B1, B3, B4, Cl, C2, C4, Dl, and El 4. This Preliminary PD approves the following uses: • Lot 1, Block 1 90,000 sq. ft. school (grades 7-12) and worship center, and associated parking and athletic field • Outlot A Office and associated parking 5. The Final Planned Development for Outlot A shall be subject to review and a public hearing by the Advisory Planning Commission. Compliance with City Code requirements and any proposed deviations shall be evaluated at the time of Final Planned Development. 6. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 7. All personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 8. Agreements providing for the perpetual private maintenance of the proposed underground storm water and infiltration systems shall be provided by the developer in a form acceptable to the City Attorney and Engineering Department. 9. Adequate fire hydrant coverage, in accordance with City engineering standards, shall be provided by the developer for the proposed school building. 8? Planning Report - Novus Addition June 27, 2006 Page 15 10. The developer shall be responsible for the burying of the existing overhead utility lines along O'Neill Drive adjacent to the development. 11. The developer shall provide temporary public easement over the temporary cul-de-sac at the south end of the proposed street. 12. The developer shall provide a conservation easement around the wetlands. The easement shall be provided prior to release of the Final PD Agreement for recording, in a form acceptable to the City Attorney. 13. The wetland delineation report should be formally accepted as submitted. 14. The incidental wetland exemption request should be granted. 15. High quality wetlands "A" and "B" shall be protected according to the following provisions, all of which are proposed by the developer: a. avoidance of any impacts without demonstration of significant public benefit; b. minimum natural vegetation buffer width of 50 feet and average buffer width of 75 feet; c. 25-foot no-grade zone around wetlands; d. 25-foot structure setback from outer buffer edge, and e. a conservation easement for the surrounding area. 16. A wetland replacement plan must be approved by the City prior to issuance of a grading permit, or approval of the Final Planned Development or Final Subdivision. 17. The applicant shall be required to fulfill tree mitigation requirements through the installation of one hundred eighty-one (181) Category B trees. 18. The applicant shall be required to protect the preserved tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 19. The applicant shall be required to contact the City Forestry Division and set up a pre- construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 20. This proposal shall be responsible for a cash parks and cash trails dedications, payable at the time of building permit issuance at the rates then in effect. q0 Planning Report - Novus Addition June 27, 2006 Page 16 21. A 2.35-acre portion of the subject site is located in Inver Grove Heights and will require separate action by the Inver Grove Heights city council for development and plat approval. 22. Trash and recyclables storage shall be provided inside the principal building. Outside storage of trash shall not be allowed. 23. The applicant shall provide the necessary percentages to demonstrate compliance with the architectural standards ordinance for incorporation into the Final PD Agreement. 24. All building elevations shall be provided for incorporation into the Final PD Agreement, and all facades shall be treated as a front and should utilize the same architecture and materials. 25. Building elevations shall be required prior to Final Planned Development approval for Outlot A. 26. A revised Landscape Plan, incorporating the following modifications, shall be submitted for incorporation into the Final Planned Development Agreement for Lot 1. a. Add shrubs or perennials on top of retaining walls to enhance screening of the parking areas on top of the retaining walls. The specific plant material should be well-suited to the growing conditions and withstand snow storage. b. Redesignate trees within parking lot islands as landscaping, not mitigation. c. Include underlying grading contours. d. Plan shall be signed by the landscape architect who prepared it 27. A Landscape Plan shall be required at the time of Final Planned Development for Outlot A. 28. A sign plan shall be required at the time of Final Planned Development for the development of Outlot A. Signage for both the school and Outlot A shall be subject to compliance with City Sign Code standards. 29. The Final Site Lighting Plan shall include building and canopy lighting and show the lighting statistics. Parking lot lighting shall meet the 4:1 or less average to minimum standard. 30. 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 and placement of light fixtures do not conflict. 31. Site Lighting Plans shall be required for the development of Outlot A at the time of Final Planned Development and shall be subject to compliance with City Code standards in effect at that time. ~1 Planning Report - Novus Addition June 27, 2006 Page 17 To recommend approval of a Final Planned Development for a school (grades 7-12) and worship center upon 14.97 acres located south of O'Neill Drive and I-494 and west of Argenta Trail in the NE 1/4 of Section 1. 1. The developer shall execute a Final Planned Development Agreement which includes the following plans: • Final Site Plan • Final Building Elevations • Final Landscaping Plan • Final Site Lighting Plan 2. The property shall be platted. 3. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2,1993: Al, Bl, B3, B4, Cl, C2, C4, Dl, and E1 4. This Preliminary PD approves a 90,000 sq. ft. school (grades 7-12) and associated parking and athletic field 5. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 6. All personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 7. Agreements providing for the perpetual private maintenance of the proposed underground storm water and infiltration systems shall be provided by the developer in a form acceptable to the City Attorney and Engineering Department. 8. Adequate fire hydrant coverage, in accordance with City engineering standards, shall be provided by the developer for the proposed school building. 9. The developer shall be responsible for the burying of the existing overhead utility lines along O'Neill Drive adjacent to the development. 10. The developer shall provide temporary public easement over the temporary cul-de-sac at the south end of the proposed street. q1 Planning Report - Novus Addition June 27, 2006 Page 18 11. The developer shall provide a conservation easement around Wetlands A and B to be protected. The easement shall be provided prior to release of the Final PD Agreement for recording, in a form acceptable to the City Attorney. 12. The wetland delineation report should be formally accepted as submitted. 13. The incidental wetland exemption request should be granted. 14. High quality wetlands A and B shall be protected according to the following provisions, all of which are proposed by the developer: a. avoidance of any impacts without demonstration of significant public benefit; b. minimum natural vegetation buffer width of 50 feet and average buffer width of 75 feet; c. 25-foot no-grade zone around wetlands; d. 25-foot structure setback from outer buffer edge, and e. a conservation easement for the surrounding area. 15. A wetland replacement plan must be approved by the City prior to issuance of a grading permit, or approval of the Final Planned Development or Final Subdivision. 16. The applicant shall fulfill tree mitigation requirements through the installation of one hundred eighty-one (181) Category B trees. 17. The applicant shall protect the preserved tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 18. The applicant shall contact the City Forestry Division and set up a pre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 19. This proposal shall be responsible for a cash parks and cash trails dedications, payable at the time of building permit issuance at the rates then in effect. 20. A 2.35-acre portion of the subject site is located in Inver Grove Heights and will require separate action by the Inver Grove Heights city council for development and plat approval. 21. Trash and recyclables storage shall be provided inside the principal building. Outside storage of trash shall not be allowed. 22. The applicant shall provide the necessary percentages to demonstrate compliance with the architectural standards ordinance for incorporation into the Final PD Agreement. 93 Planning Report - Novus Addition June 27, 2006 Page 19 23. All building elevations shall be provided for incorporation into the Final PD Agreement, and all facades shall be treated as a front and should utilize the same architecture and materials. 24. Building elevations shall be required prior to Final Planned Development approval for Outlot A. 25. A revised Landscape Plan, incorporating the following modifications, shall be submitted for incorporation into the Final Planned Development Agreement. a. Add shrubs or perennials on top of retaining walls to enhance screening of the parking areas on top of the retaining walls. The specific plant material should be well-suited to the growing conditions and withstand snow storage. b. Redesignate trees within parking lot islands as landscaping, not mitigation. c. Include underlying grading contours. d. Plan shall be signed by the landscape architect who prepared it. 26. A Landscape Plan shall be required at the time of Final Planned Development for Outlot A. 27. A sign plan shall be required at the time of Final Planned Development for the development of Outlot A. Signage for both the school and Outlot A shall be subject to compliance with City Sign Code standards. 28. The Final Site Lighting Plan shall include building and canopy lighting and show the lighting statistics. Parking lot lighting shall meet the 4:1 or less average to minimum standard. 29. 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 and placement of light fixtures do not conflict. 30. Site Lighting Plans shall be required for the development of Outlot A at the time of Final Planned Development and shall be subject to compliance with City Code standards in effect at that time. To recommend approval of a Preliminary Subdivision to create two lots and one outlot upon 26.9 acres located south of O'Neill Drive/I-494 and west of Argenta Trail in the NE '/4 of Section 1. If approved, the following conditions shall apply: Standard Conditions 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2,1993: Al, B1, B3, B4, Cl, C2, C4, D1, and El qV Planning Report - Novus Addition June 27, 2006 Page 20 2. The property shall be platted. 3. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 4. All personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 5. Agreements providing for the perpetual private maintenance of the proposed underground storm water and infiltration systems shall be provided by the developer in a form acceptable to the City Attorney and Engineering Department. 6. Adequate fire hydrant coverage, in accordance with City engineering standards, shall be provided by the developer for the proposed school building. 7. The developer shall be responsible for the burying of the existing overhead utility lines along O'Neill Drive adjacent to the development. 8. The developer shall provide temporary public easement over the temporary cul-de-sac at the south end of the proposed street. 9. The wetland delineation report should be formally accepted as submitted. 10. The incidental wetland exemption request should be granted. 11. High quality wetlands "A" and "B" shall be protected according to the following provisions, all of which are proposed by the developer: a) avoidance of any impacts without demonstration of significant public benefit; b) minimum natural vegetation buffer width of 50 feet and average buffer width of 75 feet; c) 25-foot no-grade zone around wetlands; d) 25-foot structure setback from outer buffer edge, and e) a conservation easement for the surrounding area. 12. A wetland replacement plan must be approved by the City prior to issuance of a grading permit, or approval of the Final Planned Development or Final Subdivision. 13. The applicant shall be required to fulfill tree mitigation requirements through the installation of one hundred eighty-one (181) Category B trees. 1?5 Planning Report - Novus Addition June 27, 2006 Page 21 14. The applicant shall be required to protect the preserved tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 15. The applicant shall be required to contact the City Forestry Division and set up a pre- construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 16. This proposal shall be responsible for a cash parks and cash trails dedications, payable at the time of building permit issuance at the rates then in effect. 17. A 2.35-acre portion of the subject site is located in Inver Grove Heights and will require separate action by the Inver Grove Heights city council for development and plat approval. W INTERSTATE 494 I ~ > O'NEILL DR. W Q Q I W c NORTHWEST \ ` \ ~ 0 0 0 0 = 0 0 I 0 d In Q=17 I= ,in > o _ C7 4 1 FINANCIAL OBLIGATION LEGEND Water Trunk - 24.56 Acres Storm Sewer Trunk - 735,613 S.F. r• Financial Obligation City of Evan Fig. 1 y "Novus" - Manley Land Development Engineering Department STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 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. 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 I. 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 I. 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 Eagan Boundary /U Parcel ea Location Map Park Area - Building Footprint ~yJ I I I I i I L MENDOTA NEIGH ~--subject Site V/ Ill r•o W I^\ o U a > r a ~ O Q s, - fq ~ ® 0 B 1000 0 1000 2000 Feel Development/Developer. Manley Commercial Addition Application: Preliminary PD, Preliminary Subd., Final PD Case No.: 01-PD-03-05-06, 01-PS-10-05-06, and 01-FD-05-05-06 Map Prepared using ERSI ArcYaw 3.1. Parcel base map data provided N by Dakota County Office of GIS and is current as of April 2005. THIS MAP IS INTENDED FOR REFERENCE USE ONLY City of Eapn W E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Departmont not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Land Use Map Novus Addition Prelim Subdivision/ Prelim. and Final PD 01-PS-10-05-06; 01-PD-03-05-06; 01-FD-05-05-06 Zoning Map A.. Current Zoning: PD Subject Planned Development `/\^,I Area V PD A 0 100 0 800 1200 Feet Comprehensive Guide Plan Land Use Map Current Land Use Designation: SA Subject Area SA-0/S, Special Area-Office/Service O $A 800 0 800 1200 Feet ^ / AOL. ■arcal bass map information providedby Dakota County Land3-awy Department Deambar 2005. N Zoning Information maintained byCity Stan City of Dian W E THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. S !IF I~ it f 0 t '/r :i e- j; . i isles o--.._ r _ AE~ ti#' dS t. - i.R i it a•Et g=i R a si a, aSz f i z: $3i 1 :g §!E to i. i"$F f 6° RE lit #t Q ~i;,p~'.d x•y ! y3•E@ii~ I Z, ~ g= R :d a r ::t } aE 3 t 5 g is-"E?yt ll -^:f L =f S ![t ! i!t ~1 z • ' } i~~°~f ! [ j R t / e . i -S . tf A k i F ti. HI; •s R t f x. i jt@R~ ! tzz i"i =i 3 B i6! ^z 3 ' Ic isg a d s L it I;.~ 7 ft:f t E f t[(' d•d n; d i;igSf I i, R ~E €a Ls 1R3 E a,--4R§ 8 S} a f sl t~ i tie g' a ggdf+i's3. 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Ey~ 4E'~i~ a9 3, •.e:~ aq v€ a?9~ f aS a Pit i i=t ~E. i g 9 - 3 i 3 i gE~fl O 6 F,e€F PnE i s y i E i ;II€~"`i`IlI j I jFO 3 t7j {p "4 °€I tt : R Ijfy I' ! Ilgi~i E! gpM'i` • it! ! Eiiti r Z U/ F if 1~3 REVISED: May 31, 2006 May 17, 2006 Mike Ridley, City Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: Development of Lone Oak, Outlot N, in Eagan and Parcel A in Inver Grove Heights Dear Mr. Ridley, On behalf of Manley Development, Landform respectfully requests approval of a Final Plat to Plat Outlot N, Lone Oak as Lot 1, Block 1, Manley Addition. This final plat approval is requested to allow construction to begin on the school site this summer. We are also requesting Preliminary Planned Development, Preliminary Subdivision and Final Planned Development approval for development of Outlot N, Lone Oak and Parcel A (PID 10-45800- 140-00 and 20.006-0001008) on this 26.91-acre site. The property is located on O'Neil Drive, south of 1-494 and west of Argenta Trail. The majority of the subject parcel is located within the Eagan city limits, but the southeast portion of the site is located in the City of Inver Grove Heights. The Eagan property is guided Special Area 1 and zoned Planned Development with Research and Development Overlay. The surrounding properties are guided and zoned the same. The Inver Grove Heights property is guided Office and zoned Agriculture. PLANNED DEVELOPMENT CONCEPT We are pleased to present the City of Eagan with Novus, a unique planned development consisting of a private school with associated athletic fields, commercial office buildings and a large area of natural preservation consisting of high-quality wetlands and woodlands. Novus translates from Latin to English as "fresh, new, and novel" - this planned development will create and protect a beautiful natural environment, and provide synergy between the fast-paced business world, and an advanced private school. The proposed plan includes Phase I with an approximately 90,000-square foot private Trinity School (grades 7-12), 1 full-size high school-level soccer field, and an additional athletic training field and Phase II with future multi-story office buildings on the 26.91 acre site. Trinity School is currently located in the City of Bloomington and is looking forward to relocating to this site, which provides opportunities for additional building space and athletic fields to fill their growing needs. RECEIVED MAY 3 1200E IS Mike Ridley Re: Lone Oak, Outlot N, Parcel A Page 2 May 17, 2006 The multi-story office buildings will be designed as class A office space, to include three buildings. Two of which are 40,000 square feet with underground parking, one is 190,000 square feet office building (mulit level), and a four story parking ramp. A total of 270,000 sq ft of office building and 780 spaces in a parking structure will be constructed on the site. The site plan has been designed to preserve and protect as much of the natural resources as possible. A new public street will be constructed to provide access to the site and to serve future development to the south of the site. This development, which is consistent with Eagan's Comprehensive Guide Plan and the approved master PUD plan, will continue to take great care to preserve all natural resources on site. However, in order to provide safe public access to meet future development needs and to make Novus economically feasable, existing wetlands and trees will be impacted and replaced on-site, at rates beyond minimum criteria identified by the City Code. Due to the site's shape and location of natural resources, we are requesting the following Planned Development flexibility from the strict application of the City Code: • Building Setbacks - We are requesting a 20-foot building setback on the new City Street and a 40-foot building setback on O'Neil Drive where a 40 and 50 foot setback would normally be expected. The reduced setback is requested to allow the northeast corner of school building to move away from the wetland area to provide wetland buffer area and to create a more visually appealing entry to the site. With the goal of working around existing large trees on the site, Building A in the commercial area has been pushed to the north, within 5' of the property line. We request flexibility from the City Code due the distance this property line is from O'Neil Drive, and to protect existing vegetation. • Building Height - We are requesting a 70-foot structure height limitation for Building A, where a 45-foot structure height limitation would normally be expected. The increased height limitation will allow for greater open space on the site, and the protection of some existing vegetation. ■ Parking Stall dimension sizes - We are requesting 10 foot by 18 foot parking dimensions for the school parking area where 11.5 foot by 19.5 foot would normally be expected. The parking stalls are similar in size to the dimensions used in other cities and will allow the development team to maximize the amount of open space on site for athletic field use and preservation of natural areas. ■ Right-of-way. We are proposing a new 4-lane city road within an 80' right-of-way (ROW) where the City normally requires an 86' ROW. Within this right-of-way, we will be providing a 6' concrete sidewalk on the north side, and a 8' bituminous trail on the south side, where the city would normally require 2 - 8' bituminous trails. We are also proposing a redefined ROW line for the northwest portion of our site. Currently, O'Neil Drive is a MnDOT ROW, and is proposed to be "turned back" to the City Eagan in the near future. The proposed ROW line shown on the plans would be of greater 650 BUTLER NORTH BUILDING 510 FIRST AVENUE NORTH MINNEAPOLIS, MN 55403 OFFICE: 612.252.9070 FAX: 612.252.9077 www.landform.net ("I 115 Mike Ridley Re: Lone Oak, Outlot N, Parcel A Page 3 May 17, 2006 benefit to the City, as a part of this unique development. We hope to continue to work with the City of Eagan and MnDOT to expedite the transfer of this property. Finally, there is a private 40-foot gas line easement that runs north-south along the west side of the property. We are currently in the process of working with the easement owner to relocate the easement within the right of way of the proposed city street running through the site and within the ROW of O'Neil Drive. Natural Resources There are five wetlands located in the center of the subject parcel. A wetland delineation report and mitigation plan has been attached for the City of Eagan review and approval. The site plan has been designed not only to protect 2 large wetlands (Wetlands A and B), but also to enhance the natural buffer condition surrounding them. Additional wetlands will be created to enhance the function and beauty of this natural resource and to meet Wetland Conservation Act (WCA) mitigation requirements. The proposed site exceeds standards currently being proposed by the City of Eagan by providing a buffer around the protected wetlands in excess of 90 feet (75 feet required). A 8' bituminous trail will also be constructed on the south side of the proposed city street to take maximum advantage of views into these wetland features. A total of 5.7 acres (21% of site, excluding ROW) of wetlands and woodlands will be permanently preserved within a conservation, drainage and utility easement. This easement will be in favor of and maintained by the City of Eagan. Streets/Access/Traffic The proposed plan contains two access points onto O'Neil Drive. The main access point will be a public street providing internal access to the future office buildings and school parcels, and will provide access to land to the south of the site. This road will terminate in a temporary cul-de-sac to provide a turnaround for emergency vehicles. Additional access is proposed from O'Neil Drive to provide a private, secondary access to the school site and for emergency vehicle use. Parking On-site parking will be provided for all commercial office uses. Trinity School has a need for daily parking of up to 180 spaces, which is provided on the site in surface lots. Parking for the worship component of the school (The People of Praise) will meet the City's requirement of 1 space for every 3.5 seats in a worship hall. The worship hall/auditorium has 750 seats, or a parking need of 215 spaces. The site plan shows 269 spaces. Excess parking for event purposes will be available in the future on the office portion of the development. Parks, Trails and Open Space Neither the City of Eagan nor the City of Inver Grove Heights have parks or trails planned on the subject parcel. Therefore, the applicant is proposing that park and trail dedication be satisfied by cash payment in lieu of land dedication, subject to ordinance standards. 650 BUTLER NORTH BUILDING 510 FIRST AVENUE NORTH MINNEAPOLIS, MN 55403 OFFICE: 612.252.9070 FAX:612.252.9077 www.landform.net 11 Wp Mike Ridley Re: Lone Oak, Outlot N, Parcel A Page 4 May 17, 2006 Phase I The People of Praise (POP) and Trinity School building project will comprise approximately 11 acres of land and will consist of on-grade asphalt parking, access drives, green space and a 100,000-square foot school/worship center. The educational and religious influence of the POP/Trinity School is based on traditional Latin teachings; therefore, the building's overall design concept is loosely drawn from a Mediterranean style of architecture from the early middle ages. The school's construction will be substantially steel beam and column with concrete block construction utilized at the "high" walls surrounding the Gymnasium and Locker Room areas. The exterior of the building will be a combination of brick wainscot with areas of full height brick veneer and exterior insulation finish system (E.I.F.S.). The roof will consist of areas with flat ballasted roofing material and areas where we are intending to utilize a "green roof". We are also incorporating areas of standing seam metal roof at some of the single story portions of the building in an effort to bring the elevations down to a more pedestrian scale. PUD Criteria We have reviewed this request against the PUD criteria found in the City Code and find that the PUD criteria have been met. Specifically: a. The consistency of the proposed planned development with the adopted or proposed Comprehensive Guide Plan of the City. The PUD is consistent with the purpose and intent of the approved master PUD and the City Comprehensive Guide Plan. b. The extent to which the proposed planned development is designed to form a desirable and unified environment within its own boundaries in terms of relationship of structures, patterns of circulation, visual character and sufficiency of drainage and utilities. The project is designed to be consistent with the overall PUD. This 26.91-acre project has been designed to function as one development and provide compatible design throughout. c. The extent to which the proposed uses will be compatible with present and planned uses in the surrounding area. The project consistent with the overall PUD and the school and office uses are compatible with surrounding land uses. d. That any exceptions to the City Zoning Ordinance are justified by the design or the development. 650 BUTLER NORTH BUILDING 510 FIRST AVENUE NORTH MINNEAPOLIS, MN 55403 OFFICE: 612.252.9070 FAX: 612.252.9077 www.landform.net /-I Mike Ridley Re: Lone Oak, Outlot N, Parcel A Page 5 May 17, 2006 The requested PUD flexibility is to allow preservation of the natural resources on site and to allow a more efficient overall design. e. The sufficiency of each planned development phase's size, composition, and arrangement in order that its construction and operation is feasible without dependence upon any subsequent phase. The project will be constructed in 2 phases and each phase will be able to function independently. However, the project has been designed with overflow parking from the school to use the commercial parking lot in non-peak hours. f. The burden or impact created by the planned development on parks, schools, streets, and other public facilities and utilities. The project includes construction of a new public street, which will serve this development and provide access to the property to the south. The project will have limited impacts on parks and schools as Phase I of the project includes construction of a new private school and recreational facilities to serve the needs of the school. g. The impact of the planned development on environmental quality and on the reasonable enjoyment of the surrounding property. The project was designed to be sensitive to the existing natural resources and to preserve the environmental quality of the site by limiting impacts to the large wooded wetland area in the south central portion of the site. The project will include a conservation easement over this area to protect these resources. INTERGOVERNMENTAL COORDINATION The subject site includes 2.35 acres located within the City of Inver Grove Heights. Only the high-school athletic fields will be located on this portion of the site. It is our intent to serve the development with water and sewer service from the City of Eagan. The extension of water service, for the purpose of irrigation, to the Inver Grove Heights portion of the site will require approval of a Zoning Amendment and Interim Use Application by the City of Inver Grove Heights. We have submitted these applications and the review and approval process will be running simultaneously with that of Eagan's. As we move forward through the development process, we will work with the two cities to finalize the design and bring forward a quality overall development that meets the needs of both the City of Eagan and the City of Inver Grove Heights. SUMMARY We are requesting approval of the Final Plat and Preliminary Subdivision, Preliminary Planned Development and Final Planned Development, and to allow development of this site with a mix of school, worship and office uses, which are consistent with the overall PUD concept. We look forward to presenting our request on the following dates: Planning Commission: June 27, 2006 City Council: July 18, 2006 650 BUTLER NORTH BUILDING 510 FIRST AVENUE NORTH MINNEAPOLIS, MN 55403 OFFICE: 612.252.9070 FAX: 612.252.9077 www.landform.net 118 Mike Ridley Re: Lone Oak, Outlot N, Parcel A Page 6 May 17, 2006 Following these approvals, we would then submit for Final Plat for the entire 26.91-acre site and Final PUD Plan approval for the office portion of the site. Any additional questions in regards to this development can be directed to Ben Sporer of Landform at bsporer@landformmsp.com or 612.638.0263 Sincerely, * , RLA tect fsigner BS/k1 'Land form Engineering Company doing business as Landform 650 BUTLER NORTH BUILDING 510 FIRST AVENUE NORTH MINNEAPOLIS, MN 55403 OFFICE: 612.252.907 FAX:612.252.9077 www.landform.net 0 A LA.NDFORM MINNEAPOLIS • PHOENIX 8000 BUTLER SQUARE 100 NORTH SIXTH STREET M E M O R A N D U M MINNEAPOLIS, MN 55403 OFFICE: 612.252.9070 FAX: 612.252.9077 DATE 4-Aug-06 70 City of Eagan - Pam Dudziak FROM Benjamin Sporer COPY File RE Novus - Revised Plans (7-17-06) Dear Ms. Dudziak, The following represents the substantial changes made to our drawings first submitted to the city (May 31, 2006). 1.The multi-story office building(s) will be designed as class A office space. A total of 120,000 sq ft of office building(1 or 2 buildings, 2 or 4 stories), parking under the building and approximately 500 spaces in a surface lot will be constructed on the site. The site plan has been designed to preserve and protect as much of the natural resources as possible. 2. We have eliminated the underground stormwater storage vaults, and long run of infiltration pipes along Inspiration Parkway. 3. We have revised the stormwater treatment plan to include a more traditional pond system, by adding one pond in the southwest corner of the site 4.We have revised both Landscape and Lighting plans to respond to comments received from city staff. Any additional questions in regards to this development can be directed to Ben Sporer of Landform at bsporer@landformmsp.com or 612.638.0263. 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Sp4 ¢F 3aji c ~ a6ae$$°~3 °EF 3•~~;~a~a ~ $ 3 s: 3c gptapi$F " p 'S5 10 b' K-55 •a i; I / w+ ~od~ i 5 i5 7 A 3p. r! aS{~s rl +g( F 11 s iSl' 'ass. e:;iPp PP3? r : Q o aip $ 7"p p; a 3 1r,dtpFdp77• ~t$' i ~t n p-a T O n $ p rt ~ 9 :adF1-a9 Iiip ~ 9 ° J~ F Y d ~ ipi4 j H ii sa3~9ii}7+3}pr,~} 7~~ ~ e>a~ ~ag z~ !1 dF " ! m p 3 Fj s II ' piIM, 55 r'3 ae as d g ~tl J 8~fi n R' Y ~~n a ~ l _ ~ fIIS I D D o - m eIR aF P1~ 11 JJ ~ ~S 1 h'T 88 § ~ ~ y f~'~ ~ t° 8 'J II !1f ' vl:g! ilfip3 ~_7 a s "lz9FA O~Ja x x D 1~ ! r m s ea z ~~~rrtridws 13~ AUG-08-2006 13:01 DAKOTA COUNTY SWCD P.02 'WETLAND CONSERVATION ACT j TECHNICAL EVALUATION PANEL (TEP) FINDINGS OF FACT Date: Ii.~yevst 31, 2006 LGU: City of Eagan County: !Dakota LGU Contact. _Eric Macbeth (651) 675-5300 Project Name/#:- Manly Commercial Site Applic"!t Manley Commercial Development Location;ofProject: 27 North 23 West NE 41 Eagan Dakota Township, Range. Scclion, Qtr.5cction, Lot/Block, City, County TEP Members (and others) who reviewed project: (Cheek if v4ewcd pmjcct sitc) ( } SWCD: Brian Watson _ ( ) DWSR, Les Lemm (X) LGIJ: Eric Macbeth ( ) DNR: NIA Others Piestmt: Kelly Bopray, Graham Environmental Services Daniel Hughes, Landform Engineering Dan Lessor, Landform Engineering MP requested by: City of Eagan 1. type of TEP determination requested (check those that apply): Delineation Exemption Determination No-Loss Determination X Replacement Plan 2. (Description of wetland with proposed impact: a. Wetland Type (Circular 39) Type 1 (seasonally flooded basin) Tyne 2 (wet meadow) b. Size of Proposed Impact (tenths of acre) 0.47 acre or 20,460 square feet 3. Dave sequencing requirements been addressed? X Yes -No _ Undetermined 4. Is the project consistent with the intent of the comprehensive local water plan and/or the watershed district plan, the knetropolitan surface water management plan and metropolitan groundwater management plan, and local comprehensive plan and zoning ordinance? X Yes - No Undetermined 5-; The project will affect the following wetland functions: Functions Tmpact No Impact Improve Floodwater Storage X Nutrient Assimilation X Sediment Entrapment X Groundwater Recharge x Low Flow Augmentation x Aesthetics/Recreation x Shoreland Anchoring X Wildlife Habitat x Fisheries Habitat Y Rare P1arNAnimal Habitat X Commercial Uses x 6. or replacement plan or no-loss determinations, arc wetland functions maintained at an equal or greater level? X Yes No Undetermined 7. (Does Technical Evaluation Panel recommend approval of the activity proposed in item l.? Yes(X) No(} If no, why? See attached comments for recommended conditions to LGU approval. 8. lG URES (if TF.P decision is t a cotp§ensus. note tvilh an asdertsk and Wlaze back of t/t'c page) SWCD Representative (Date) WSR epresenl;uivc ('Date) LGU R' rc. ntative (Date) DNR Representative (Date) Drafted by Brian Watson. Dakota SWCD PUG-08-2006 1:3:02 DAKOTA COUNTY SWCD P.03 Comments The Technical Evaluation Panel (TEP) met for the second time regarding the Manley Commercial Development to review revision to the original WctIand Replacement Plan. The wetland delineation report and a wetland exemption associated with this project. were previously discussed. The following comments and recommendations are submitted for consideration prior to.-final decision by the City of Eagan. 1. The wetland sequencing requirements under the proposal have been addressed. Wetland Basin D was the subject of further discussion but the TEP felt that the site is zoned for commercial development and the wetland quality is limited when compared to other wetland'acreage on-site. If the City would like to see this specific size of commercial development and school facilities, there appears to be no feasible and practical alternatives. However, if the City feels that a smaller commercial development or,school is acceptable for this location, Wetland avoidance is a feasible alternative. 2, $pecifications for design and installing rain garden should be submitted to the City for review. 3. A condition to the permit should include a Conservation Easement over the remaining wetlands, newly created wetlands and upland buflCr. 4. New wetland credits are in slight excess under the proposal than required under the WCA. Created wetlands should be constructed with irregular shorelines and undulating bottom depths to the extent possible without creating a steeper slope from the roadway. i 5. As part of the proposal, it is unknown what actual size future building pads and parking areas will be for the commercial development portion of the site. However, it should be noted that storn,water facilities have been designed based on 75% impervious and that should be the maximum impervious threshold allowed under future City approvals unless the stormwater ponding size is increased respectively. i 6. A condition of the approval should include all soils used for topdressing created wetlands should be from upland areas free of invasive or non-native species. 7. The applicant is responsible for submitting the required wetland monitoring reports as identified larder the WCA_ i i i Drafted by Ertan Watson, Dakota SWC•D / An TOTAL P.03 Robert K. Heldman 2414 Shadow Creek Trail Woodbury, MN. 75025 651-714-3898 City of Eagan Governing Council & Eagan and Inver Grove Planning Depts. Subject: Is Trinity School at River Ridge Site ...In Harm's Way?? 1 have watched with considerable interest the site selection process for the relocation of Trinity School at River Ridge. Only the other day when 1 visited the Inver Grove and Eagan planning offices did I find out its proposed future location. Having seen it, 1 am writing this letter to express my grave concerns for putting the school in the midst of high voltage lines and microwave towers. In reviewing the proposed development plan submitted for your approval, one cannot help but note the placement of classrooms and playing fields directly adjacent to these facilities. One must be concerned about the ramifications of exposing children and teachers to high EMF and microwave intensities for 8 - 10 hours each day. The proposal totally ignores these considerations. I understand from XCEL Energy, who has been very open and cooperative to my questions, that there is a 13.8 KV phase to phase feeder line, which is presently running South-North turning at the corner East- West directly adjacent to the future building site. Secondly there is presently a 115KV transmission overhead [OH] line along the South-North edge of the property which then turns across the street to parallel this proposed school building East-West. At this time, it appears that the microwave overshoot intensity level footprint from the southern Microwave Tower may be minimal, depending upon future expansion. Then again one can only surmise that as more office buildings etc. are built in this area and the subsequent need for more and more energy and communications increases, this will cause more and more change over time requiring more of both of these facilities. Note: The distribution load in front of the proposed building is currently at only a light load of approximately less than 20 amps generating 2.51nG dropping to.5mG at 30 feet. [See measurement attachments. ] But note: The line adjacent to the school is currently designed for increased current of 600+ amps, as load increases, which of course totally raises this EMF to increasingly dangerous levels. Thus, this will require a greater set back distance from these lines, which cannot be accomplished once the building is in place. Note also the high current levels effecting the planned playing field located directly adjacent to the distribution facilities. Also note the existing high levels along each corner of the future soccer field. This letter of concern is written to red flag these issues to the city and Trinity School, in order to protect not only the children, but those responsible decision makers, as future ramifications develop. Hopefully these concerns have just been overlooked and not simply dismissed using fall back statements, such as: "We don't have any city requirements for these types of issues;" thereby letting these serious problems be ignored and left to the future ---awaiting the arrival of the subsequent legal impact of unwarranted lone term close exposure to these facilities-- causing delayed tumors, sterilization, or deformed babies.! To avoid these problems, a reasonable solution would be to simply place the school building and playing fields on the cornfield located within this site directly southwest of the presently proposed location. This then should place the playing fields and the school building at a reasonably safe distance over 200 or so feet from both North-South and East West facilities; thereby allowing for future high usage power growth to not effect the safety of the students, their teachers, and school administrators. 1 hope you will consider these thoughts in your decision making process. Thus, I leave these concerns to your leadership! Robert K. Heldman Attachment: EMF Measurements and EMF Reference Information. Cc: Trinity, XCEL, LANDFORM 13C RECEIVED JUL 14 2006 . L-!Zr**, I N to u. d U ~ n°. O ca 3 N z 0 2 M = o c ca _ - CO 'Z) (D U O U w', c o J .r y = 31 W 'y C > w Q Cr: W zz aZ cn ~ Q` LAN) LJ Y Y C 6 Z ~f tD S- N V O ~O N wl L O L1] 7 LLI LAJ V v v~ - C: C U :C r ~ O r - LLLLC ~ G L C. 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PLANNED DEVELOPMENT AMENDMENT; PRELIMINARY SUBDIVISION - ANXON, INC. ACTION TO BE CONSIDERED: To approve (OR to direct preparation of findings for denial) a Planned Development Amendment to construct a new 14,409 sq. ft. building, including drive-through service, at 1274 Town Centre Drive (proposed Lot 1, Block 1, Town Centre 100 20th Addition) in the NW'/4 of Section 15. To approve (OR to direct preparation of findings for denial) a Preliminary Subdivision to construct a new 14,409 sq. ft. building, including drive-through service, at 1274 Town Centre Drive (proposed Lot 1, Block 1, Town Centre 100 20th Addition) in the NW 1/4 of Section 15, subject to the conditions in the APC minutes. REQUIRED VOTE FOR APPROVAL: At least three votes. FACTS: ➢ The proposed subdivision adjusts the lot lines between two parcels to accommodate the drive-through lanes for the pharmacy. ➢ The proposed retail/pharmacy use is consistent with the surrounding commercial uses. ➢ An excess of parking and shortage of green space presently exists on the site. ➢ Redevelopment presents an opportunity to implement low impact development techniques to increase green space, reduce runoff and provide increased infiltration on site. ➢ The initial building elevations and building signage plans did not satisfy Code requirements and have been revised (see more detail under Issues below). ➢ A revised landscape plan, documentation of easements, and site lighting plan should be provided. ➢ The Advisory Planning Commission held a public hearing on July 25, 2006 and recommended approval of the PD Amendment. 60 AND 120 -DAY AGENCY ACTION DEADLINES: PD Amendment August 20,2006; Preliminary Subdivision - October 19, 2006 ISSUES: Since the APC meeting, the developer has submitted revised building elevations. The revised elevations added vertical elements to the east (rear) building elevation and added the limestone in a vertical element to the south (side) elevation. 1 50_~> ➢ Staff suggests the developer carry more of the proposed architectural features from the north and west elevations to the south elevation such as awnings, glass, and extending the limestone to wrap around the front corner of the building. ➢ The revised elevations plan also reduced the number of building wall signs from 6 to 2, so building signage now complies with City Sign Code requirements. ➢ A revised Site Plan has also been submitted which shows added and larger parking lot islands, and a substantial reduction in paved area to the rear of the building. This revised site plan exceeds the 20% green space recommended as a condition in the staff report and by the APC. ➢ With these changes, the number of parking stalls still exceeds ordinance requirements. The 14,409 sq. ft. store required 68 stalls, 101 are provided (reduced from the existing 129 stalls). ATTACHMENTS (3): + t APC Meeting Minutes, pages 155 through ! Staff report, pages inthroug-h-n Revised Building Elevations and Site Plan, pages a through 15q Advisory Planning Commission Minutes July 25, 2006 Page 14 of 17 G Walgreens / Treasure's Island Applicant Name: Anxon, Inc. Location: 1274 Town Centre Drive; Lot 1 & 2, Block 1, Town Centre Drive Application: Planned Development Amendment A Planned Development Amendment to allow a drive- thru service and reconstruction of the building on Lot 2 (formerly Treasure's Island) as a Walgreen's. File Number: 15-PA-10-06-06 Application: Preliminary Subdivision A Preliminary Subdivision to adjust the lot dine between Lot 1 and Lot 2, Block 1, Town Centre 100 6th Addition, to allow redevelopment of Lot 2. File Number: 15-PS-12-06-06 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated July 20, 2006. She noted the background and history. Max Heitzman, Anxon, Inc. requested that the manufactured limestone be considered similar to natural stone and that it is a durable material and there is virtually no difference in appearance between the natural and manufactured product. He also requested that the required green space be reduced to from 20% to 15%. Chair Hansen opened the public hearing. There being no public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. Planner Ridley stated Staff is satisfied with the use of manufactured limestone. Member Chavez stated he is not concerned with the use of manufactured limestone. He stated concern with the amount of signage proposed. Mr. Heitzman addressed the amount of proposed signage. City Planner Ridley clarified that new retail development is subject to meet 30% green space requirement; he stated staff suggested a 20% minimum green space was reasonable and should be sought in a redevelopment scenario such as this. The Advisory Planning Commission discussed signage and greenspace. Member Dugan stated concern for the six proposed building signs, when the number typically allowed by City Code is three. I Advisory Planning Commission Minutes July 25, 2006 Page 15 of 17 Member Keeley moved, Member Heaney seconded a motion to recommend approval of a Preliminary Subdivision to create two lots upon 4.8 acres located at 1274 Town Centre Drive and 3420 Denmark Avenue, legally described as Lots 1 and 2, Block 1, Town Centre 100 6th Addition in the NW '/4 of Section 15 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: All, B1, D1 and E1. 2. The property shall be platted. 3. A revised landscape and site plan shall be submitted which incorporates additional green space and landscape features to attain a minimum of 20% green space on the site. 4. The developer shall implement low impact development techniques on the large parking area that may include pervious pavement, infiltration basins, landscape plantings, etc. equivalent to the amount of stormwater storage and quality of stormwater treatment expected by traditional stormwater (NURP) ponds. 5. If low impact development techniques are not feasible and practical, a cash payment in lieu of the necessary stormwater treatment pond volume shall be required. 6. The developer shall provide evidence of private ingress/ egress easements between the new lots and the. existing retail center properties, for review and approval by the City Attorney. 7. A stop sign shall be installed on the service drive from the proposed drive-thru as it enters the main parking area, and should be physically channeled with curb and sidewalk to provide the one-way exit movements only. 8. Prior to final subdivision approval, the developer shall provide a waiver of objection to assessment for project 933. A vote was taken. All voted in favor. Motion carried: 6-0 Member Keeley moved, Member Heaney seconded a motion to recommend approval of a Planned Development Amendment to construct a new 14,409 sq. ft. building, including drive-through service, at 1274 Town Centre Drive (proposed Lot 1, Block 1, Town Centre 100 20 Addition) in the NW of Section 15 subject to the following conditions: 1. A Planned Development Amendment Agreement shall be executed and recorded at the Dakota County Recorder's Office prior to issuance of a building permit. The following plans are required for the Agreement: • Site Plan • Landscape Plan Advisory Planning Commission Minutes July 25, 2006 Page 16 of 17 • Building Elevations • Signage Plan • Site Lighting Plan 2. All window and diFeGtiGnal signage shall be subject to City Sign Code requirements. 3. The monument sign shall be subject to City Sign Code standards. The message on the electronic reader board portion of the monument, if installed, shall change not more than once per day. 4. A revised landscape and site plan shall be submitted which incorporates additional green space and landscape features to attain a minimum of 20% green space on the site. 5. The developer shall implement low impact development techniques on the large parking area that may include pervious pavement, infiltration basins, landscape plantings, etc. equivalent to the amount of stormwater storage and quality of stormwater treatment expected by traditional stormwater (NURP) ponds. 6. If low impact development techniques are not feasible and practical, a cash payment in lieu of the necessary stormwater treatment pond volume shall be required. 7. The developer shall provide evidence of private ingressl egress easements between the new lots and the existing retail center properties, for review and approval by the City Attorney. 8. A stop sign shall be installed on the service drive from the proposed drive-through as it enters the main parking area, and should be physically channeled with curb and sidewalk to provide the one-way exit movements only. A vote was taken. All voted in favor. Motion carried: 6-0. VI. VISITORS TO BE HEARD (FOR THOSE NOT ON AGENDA) There were no visitors to be heard for items not on the agenda. VII. OTHER BUSINESS City Planner Ridley announced that a Workshop would be held at 5:00 p.m. or 5:30 p.m. on August 10th, 2006, exact time to follow. He requested formal action to change the September 26, 2006, Advisory Planning Commission meeting to September 19, 2006. Member Chavez moved, Member Zoberi seconded a motion to change the September 26, 2006, Advisory Planning Commission meeting to September 19, 2006. A vote was taken. All voted in favor. Motion carried: 6-0. VIII. ADJOURNMENT 1151 Advisory Planning Commission Minutes July 25, 2006 Page 17 of 17 Member Chavez moved, Member Keeley seconded a motion to adjourn the Advisory Planning Commission meeting at 8:18 p.m. All voted in favor. Motion carried 6-0. Respectfully Submitted by: Dana Keeley / APC Secretary IAzA PLANNING REPORT CITY OF EAGAN REPORT DATE: July 20, 2006 CASE: 15-PS-12-06-06; 15-PA-10-06-06 APPLICANT: Anxon, Inc. (Walgreen's) HEARING DATE: July 25, 2006 PROPERTY OWNER: Treasure's Island APPLICATION DATE: June 21, 2006 REQUEST: Planned Development Amendment PREPARED BY: Pamela Dudziak LOCATION: 3420 Denmark Avenue and 1274 Town Centre Drive and COMPREHENSIVE PLAN: SA, Special Area ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Preliminary Subdivision (Town Centre 100 20th Addition) to create two lots upon 4.8 acres located at 1274 Town Centre Drive and 3420 Denmark Avenue, legally described as Lots 1 and 2, Block 1, Town Centre 100 6th Addition in the NW t/4 of Section 15. Approval of a Planned Development Amendment to construct a new 14,409 sq. ft. building, including drive-through service at 1274 Town Centre Drive is also requested. The subdivision is necessary to adjust the lot lines between the two parcels to accommodate the drive-through lanes for the pharmacy. 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. 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 159 Planning Report - Anxon, Inc. (Walgreen's) July 25, 2006 Page 2 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. 1. 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). J. 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." PD Amendment: Chapter 11, Section 11. 50, Subdivision 5 states, in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. I (OD Planning Report - Anxon, Inc. (Walgreen's) July 25, 2006 Page 3 BACKGROUND/HISTORY The property was platted in 1988 as Town Centre 100 6th Addition. The Treasure's Island building and the adjacent retail center were constructed that same year. The property is zoned PD, Planned Development. EXISTING CONDITIONS The subject site is currently two platted parcels and each parcel contains a retail building. Parking is shared between the two lots, as well as with the retail building east of the former Treasure's Island. The site has mature landscaping that was installed previously. Access to the site is provided from both Denmark Avenue and Town Centre Drive via the adjacent properties. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Bank/Office PD, Planned Development SA, Special Area East Retail PD, Planned Development SA, Special Area South Retail PD, Planned Development SA, Special Area West Retail PD, Planned Development SA, Special Area EVALUATION OF REOUEST Compatibility with Surrounding Area - The proposed retail use is consistent with the surrounding commercial retail and office uses. 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 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 commercial retail uses will be considered compatible in Zone 4. Lots - The proposed subdivision adjusts the lot line between Lots 1 and 2, Block 1, Town Centre 1006 1h Addition. The new lot accommodates the drive-through service for the proposed ICI Planning Report - Anxon, Inc. (Walgreen's) July 25, 2006 Page 4 pharmacy. The lot for the new Walgreen's is proposed to be 2.15 acres, and the remaining area of the lot to the south will be 2.15 acres. Site Plan - The existing building is proposed to be removed and a new Walgreen's store constructed on the site. The new building will be located more forward on the site than the existing Treasure's Island building. The existing site circulation will remain the same, with access being provided via the adjacent lots to both Town Centre Drive and Denmark Avenue. The proposed drive-through service is on the south side of the store. Vehicles would be directed along the south side of the building through two drive-through lanes. The required 5-vehicle stacking distance is provided for both lanes. Exiting drive-through traffic would proceed north to the shared drive leading to Town Centre Drive. Bulk Standards - While the City Code does not specify bulk standards for the PD zoning district, the CSC standards are applicable for comparative purposes. Setbacks - CSC zoning requires a front building setback of 30 feet, side yard setback of 10 feet, and rear yard setback of 20 feet. The proposed Walgreen's satisfies these setbacks. The building is set more forward on the lot than the existing Treasure's Island building, and exceeds 100' setback from the right-of-way. The realignment of property lines with the subdivision increases the side yard setback to the south (24' proposed), and the building is set back 12.85' from the east side. The rear yard is an odd shape, and the building is set back more than 20 feet from the rear lot line. Building Coverage/Building Height - Proposed building coverage is 15.4%, which is less than the CSC maximum of 30%. The proposed building measures 28 feet to the highest point, which is less than the CSC maximum of 35 feet. Green Space - The property was initially developed at a time when there was no minimum green space standard. Consequently, the existing green space on the property is 9.56%. With this redevelopment, green space will be reduced to 9.5% of the site. Current minimum green space standards for CSC and other commercial zoning districts is 30%. With this redevelopment, an opportunity exists to increase green space on the site and reduce impervious surface area and decrease runoff. A more detailed discussion of this issue is included in the Water Quality section of this report. Green space should be increased to 20%. Parking - The 14,409 sq. ft. store requires a total of 68 parking stalls; 129 stalls are proposed. This is an excess of 61 parking stalls. These buildings was developed in the late 1980s, and the City Code required more parking stalls at that time. The commercial parking requirements were amended in 2000, reducing the required number of stalls for retail uses, and implementing minimum green space standards. Planning Report - Anxon, Inc. (Walgreen's) July 25, 2006 Page 5 Also in 2000, the City adopted ordinances establishing a minimum parking stall width of 10', the shopping center was approved with 9' stalls at the time it was initially built and the applicant proposes to keep the 9' wide stalls. Maintaining 9' stalls is consistent with the efforts to increase green space and reduce impervious surface on the site. Building Elevations/Architecture - While the ordinance does not strictly apply to PD zoning, it does apply to CSC zoning, which is the basis for evaluation of this proposal. The pertinent ordinance requirements are summarized below: • Each building elevation shall be treated as a front. • At least 65% of the building shall be comprised of Class I materials brick, glass, natural stone, copper panels, and comparable or superior materials and utilize at least three such materials. • Up to 35% of the building may be comprised of Class II or Class III materials specialty concrete block (including rock faced block), masonry stucco, EFIS, architecturally precast textured concrete panels, opaque panels, ornamental metal and other comparable or superior materials. • Not more than 10% may be Class IV materials smooth concrete block or tip-up panels, scored concrete block, ceramic, glass block, wood or other similar materials. Building materials consist of brick, glass, split-faced concrete block and manufactured limestone. The allocation of exterior materials is consistent with the requirements, however, only two Class I materials are utilized and the ordinance requires three such materials. The Class I materials, brick and glass, comprise 69% of the building. Manufactured limestone makes up 15% of the exterior and split-faced block makes up 12% of the exterior; both are Class H materials. Metal trim/flashing is 1.8%, a Class III material. The building appears to satisfy the required ratios of materials, but lacks the required number of different Class I materials. Also, it is not clear that each fagade meets the required ratios, the calculations provided by the architect were for the building as a whole. The developer should provide a percentage breakdown of materials for each building fagade. Si a e - A monument sign is proposed on the northwest corner of the site. A detail of the monument sign was not provided, but is subject to City Sign Code standards for materials, height, setbacks, etc.. The applicant has indicated that the monument sign will include an LED reader board. The City has approved electronic reader boards with other signs in the city. In keeping with the Sign Code provisions prohibiting moving or changing messages, the message on the reader board should change not more than once per day. The proposed building sign package includes business name identification on the north and west elevations. Wall signs indicating services provided ("Pharmacy" and "Photo") are also proposed on the north and west elevations. These signs identify general services and do not advertise specific product brand names. The area of the proposed signage appears to be less than the allowable 20% of the facade area. The Sign Code allows up to three signs on two elevations; six signs on two elevations are proposed. As such, the number of wall signs proposed is a deviation V5 Planning Report - Anxon, Inc. (Walgreen's) July 25, 2006 Page 6 from Sign Code standards. The acceptability of this deviation is a policy matter to be determined by City officials. One "ATM" window sign is proposed. Directional signs for "drive-thru" and "exit" are also proposed. Both window signs and directional signs are subject to compliance with the provisions in the City Sign Code. A mortar and pestle logo is proposed above the main entrance inside the entry vestibule. The mortar and pestle is visible from outside the building, but is not considered a sign as it does not meet the current definition in the City Code of either a building sign or window sign. Landscaping - The site currently has mature landscaping with trees around the perimeter and shrubs and rock mulch in the islands. This redevelopment presents the opportunity to incorporate more landscaped areas on the site. Some excess parking can be removed and parking lot islands enlarged and/or converted to rain gardens or other similar features. Existing mature landscaping around the perimeter of the site should be maintained in a healthy condition. Existing parking lot islands are in need of weeding, and the shrubs should be replaced. A revised landscape plan should be submitted which incorporates additional green space and landscape features. Site Li ting - A Site Lighting Plan was not submitted. There is existing parking lot lighting on the site, and the applicant is not proposing any changes. However, a Site Lighting Plan should be provided for incorporation into the PD Amendment Agreement which identifies the site lighting fixtures, locations, pole height and photometrics. Grading/ Topography - The preliminary grading plan is acceptable. The site was graded with previous development. Grades and slopes on the site will remain generally as current. Storm Drainage - The preliminary storm drainage plan is acceptable. The proposed land use change will utilize the existing storm drainage system on the site, with slight modifications. The proposed change in building size will provide for a large under-utilized area behind the building, as well as the large expanse of parking area in the front. The applicant should provide low- impact development storm water and landscaping alternatives to reduce the amount of impervious surfaces in these areas, as identified in the Water Quality portion of this report. Utilities - The preliminary utility plan is acceptable. Existing sanitary sewer and water main of sufficient size, depth, and capacity are available from Denmark Avenue for connection by this development. Streets/ Access/ Circulation - The nearby signalized intersection of Town Centre Drive and Denmark Avenue functions at an acceptable level of service (B/C on an A to F scale). The proposed development and estimated accompanying traffic is not anticipated to adversely impact current or future levels of service of this intersection. Planning Report - Anxon, Inc. (Walgreen's) July 25, 2006 Page 7 Access to Town Centre Drive and Denmark Avenue is proposed at the same locations as the existing accesses for the current land use, with no modifications. Vehicle circulation between the new store and the retail center is proposed to remain as provided with the preliminary site plan. The developer should provide evidence of private ingress/ egress easements between the new lots and the existing retail center properties, for review and approval by the City Attorney. A stop sign should be installed on the service drive from the proposed drive-thru as it enters the main parking area, and should be physically channeled with curb and sidewalk to provide the one-way exit movements only. Pedestrian circulation in the area is provided by sidewalks and trails on Denmark Avenue and Town Centre Drive connected to the City's overall trail system. Wetlands/Water Quality - Water quality requirements were nonexistent when the original plat, Town Centre 100 6`h Addition, was established in 1988. The proposed subdivision and replatting of the property now, however, is subject to current city water quality requirements. Typically, such requirements include either construction of on-site stormwater pond(s) to treat runoff and/or payment of cash in lieu of ponding. It appears unreasonable to require stormwater ponding to be constructed for this redevelopment of an existing commercial site. However, consideration should be given as to how the existing imperviousness (i.e., stormwater runoff impact) of this site can be reduced. The site is central to the Town Centre commercial district, and thus there is an opportunity to underscore "low impact" development in a significantly visible location in the City. The benefits to the area would be increased green space and reduced stormwater runoff impacts. With an excess of parking, the site appears to be able to accommodate a higher percentage of green area. Subject to review by City Engineering to analyze stormwater storage and runoff issues, the developer should consider implementing low-impact development techniques on the large parking area. Such techniques may include pervious pavement, infiltration basins, landscape plantings, etc. These low impact approaches collectively should be equivalent to the amount of stormwater storage and quality of stormwater treatment expected by traditional stormwater (NURP) ponds. Provided low-impact development techniques are not feasible and practical, a cash payment in lieu of the necessary stormwater treatment pond volume should be required. Tree Preservation - There are no tree preservation issues pertaining to this development. Parks and Recreation - Cash parks and trails dedications were paid with the initial building permits. Financial Obligation - The bituminous overlay of the Town Centre Drive was recently completed, as approved by the City Council January 20, 2006 under City Project No. 933, and in accordance with the City's 5-Year Capital Improvement Plan (CIP). Under this project, a special assessment is proposed to this property (now identified as 1274 Town Centre Drive). If this I (P5 Planning Report - Anxon, Inc. (Walgreen's) July 25, 2006 Page 8 preliminary subdivision is approved, this development should be required to sign a waiver of objection to special assessment for City Project 933. Based upon a study by City staff of the financial obligations collected in the past and proposed use for the property, no additional utility charges will be collected at time of final subdivision or connection to the City's utility system. SUMMARY/CONCLUSION In summary, the applicant is requesting approval of a Preliminary Subdivision and Planned Development Amendment to construct a new Walgreen's store with drive-through service on the property at 1274 Town Centre Drive. The proposed subdivision adjust the lot lines between the two parcels to accommodate the drive-through lanes for the pharmacy. The proposed use is consistent with the surrounding commercial uses. An excess of parking and shortage of green space presently exists on the site. This redevelopment presents an opportunity to implement low impact development techniques to increase green space, reduce runoff and provide increased infiltration on site. A revised landscape plan, documentation of easements, and site lighting plan should be provided. The proposed building finish materials does not fully satisfy the recently adopted architectural standards ordinance and its acceptability is a policy matter to be determined by City officials. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision to create two lots upon 4.8 acres located at 1274 Town Centre Drive and 3420 Denmark Avenue, legally described as Lots 1 and 2, Block 1, Town Centre 100 6th Addition in the NW 1/4 of Section 15. 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, D1 and E1. 2. The property shall be platted. 3. A revised landscape and site plan shall be submitted which incorporates additional green space and landscape features to attain a minimum of 20% green space on the site. 4. The developer shall implement low impact development techniques on the large parking area that may include pervious pavement, infiltration basins, landscape plantings, etc. equivalent to the amount of stormwater storage and quality of stormwater treatment expected by traditional stormwater (NURP) ponds. 5. If low impact development techniques are not feasible and practical, a cash payment in lieu of the necessary stonnwater treatment pond volume shall be required. ) (0 `t Planning Report - Anxon, Inc. (Walgreen's) July 25, 2006 Page 9 6. The developer shall provide evidence of private ingress/ egress easements between the new lots and the existing retail center properties, for review and approval by the City Attorney. 7. A stop sign shall be installed on the service drive from the proposed drive-thru as it enters the main parking area, and should be physically channeled with curb and sidewalk to provide the one-way exit movements only. To recommend approval of a Planned Development Amendment to construct a new 14,409 sq. ft. building, including drive-through service, at 1274 Town Centre Drive (proposed Lot 1, Block 1, Town Centre 100 20th Addition) in the NW 1/4 of Section 15. If approved the following conditions shall apply: 1. A Planned Development Amendment Agreement shall be executed and recorded at the Dakota County Recorder's Office prior to issuance of a building permit. The following plans are required for the Agreement: • Site Plan • Landscape Plan • Building Elevations • Signage Plan • Site Lighting Plan 2. Window and directional signage shall be subject to City Sign Code requirements. 3. The monument sign shall be subject to City Sign Code standards. The message on the electronic reader board portion of the monument, if installed, shall change not more than once per day. 4. A revised landscape plan shall be submitted which incorporates additional green space and landscape features. 5. The developer shall implement low impact development techniques on the large parking area that may include pervious pavement, infiltration basins, landscape plantings, etc. equivalent to the amount of stormwater storage and quality of stormwater treatment expected by traditional stormwater (NURP) ponds. 6. If low impact development techniques are not feasible and practical, a cash payment in lieu of the necessary stormwater treatment pond volume shall be required. 7. The developer shall provide evidence of private ingress/ egress easements between the new lots and the existing retail center properties, for review and approval by the City Attorney. Planning Report - Anxon, Inc. (Walgreen's) July 25, 2006 Page 10 8. A stop sign shall be installed on the service drive from the proposed drive-through as it enters the main parking area, and should be physically channeled with curb and sidewalk to provide the one-way exit movements only. Eagan Boundary NA/ Right-of-way Location Ma Parcel Area p Park Area - Building Footprint ~N.aTTC D.vc 400 01 v ~ .a ~ar E ra.ee DR. . r= s joD Subject Site ROAD) - or Q nsT sr. w ■ ro DR. % Teem CENTRE DRIVE _ nit r a a in i oVUrwopD TDnN' _ • a~4ioO ` ~ ♦ 7 ? ~ 1 * ~1a1r r 1 s 1 Rin o DWKwooDD.vE 40 cROTRTOOe uwc s ~ i 1000 0 1000 2000 Feet Development/Developer. Anxon, Inc. (Walgreen's) Application: PD Amendment; Preliminary Subdivision Case No.: 15-PA-10-06-06; 15-PS-12-06-06 Map Prepared using ERSI ArcView 3.1. Parcel base map data provided N by Dakota County Office of GIS and is current as of April 2005. City of Eapn THIS MAP IS INTENDED FOR REFERENCE USE ONLY W+ E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. W? Current Zoning and Comprehensive Guide Plan Anxon, Inc. (Walgreen's) Land Use Map Prelim. Subd./PD Amendment 15-PS-12-06-06/15-PA-10-06-06 Zoning Map 7PD PD P D PD Current Zoning: U Location CONITV ROAD N0.2B IY PD Planned Development , s PD PD I CSC PD pp PD P e s ~ CSC ; PD R- $00 0 000 7200 Post 0e Comprehensive Guide Plan Land Use Map o SA SA SA SA Sp U 1z Location Current Land Use Designation: IA-No (YA SA SA 7 SA A Special Area SA p SA P rSA L HD 000 0 000 tsoo P.et Parcel bass map Information providedby Dakota County Land Eumey Department Deember 2005. N Zoning Information maintained byCity Staft 410~'Cfly of EajaIl W*E THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this Information. 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W - e 7 p t - _ x e V - _ p - _ N - m - N - _ U - U - ~ N - _ m - 2z O - O O s ~ 4 p t m n w - m ~ a r < - z 01 i W Project Narrative Planned Development Amendment 1274 Town Centre Drive Overview The proposed development will consist of the demolition of the existing Treasure's Island store and the construction of a new Walgreen's Drug Store with drive-thru. Existing Conditions/Surrounding Area The property is currently a vacant, 2 story, 28,000 sq. ft. building that was used as a children's furniture store that was built in the late `80s. It sits in the middle of and is connected to a retail center that was built at the same time. This entire center is surrounded on all sides by commercial/retail development, with the exception of multi- family housing 300' to the south. Impact on Existing Conditions and Surrounding Area The impact of the redevelopment will be virtually none, as we are replacing one building with a building that has a slightly smaller footprint and significantly less square footage. Impact on City Services Due to the downsizing of the building, the amended planned development should require equal or less of the City services. Benefits of amendment The redevelopment of the site will not only allow Walgreen's to better serve the community, but will enhance the look of the center. This new building will put a fresh, up-to-date face on the corner and set a precedent for future renovations of the remainder of the center. 9,.80, 00.lOS , _ :III, ~ ,I 8 r O O f ~ 0 0 I`•I aroL ~ 7 ` + r I ~ .1 I _ o wq WH1 G HC m . fi + ~g i~ ~~~/t$~~ - ~IS 1S ~ - fIS j x9'00.7 r ~[a y 1-' II ti 12/1' H]NI f 9.,60•ZY OOS~ ~ z/[ Bnroa r' 1 / w z ~Y Npal M]M i I rte. i / 2/7 pWI0f i ~ `I V c IN - t~ ® g xa C f a r 9F ~ ~3~ a x• f€ e •~p •ao xaara■ z;,.:e.• i • R9 B~ 9 F 9 1 " eq::. $1 ' ~x~€t, g 'E°~""xr„+x~i~ i'"Ac v Q zBh- i x 1 6~~ ~v ks x~ /jEO~~ E.t •.?~{~-~h5 ~ r~S~~~B4~~ij~q S ~f. 9 e R El I i al Q ~ ° tf ~ ~ p f~ q ~ n 4 YYF4FX~~~:y°~~F~1 S~i~~~6s~fyg[~g~ `~~g{ ~ ~ t(~ 6~ r~ jRi6~ ~ ~ a ie~ k € - }~~b~,Ri;~ a$ ttY ;~4qqyy;9Hx~ Y f; '8g! "EE aF~ ap s Ax ~ gq ~ ~ d L9A ~g"~"~x:BGa^~~Q~ F~~d{=~y~% s~8 ~ ~ ~ apy' ~ 6 I ~ ° °rR~ S ~ e Z~ i~A_~'x.~p[ttiip ~i °.9 9 $55 85 E Y 1 G p dRF Bf ~`dx ~ ~ 4 ~gfxs a ~ ~ ~ GCC q~e fi8:' F ~ ~ z 422`4 ~ itr gx 9 6 F~ ~ i ~1 4 _ Et iv a F~ x pp F C t ° ~ E • I ■O• ®O ~ap~ ~ ~ ~8~ ~s :fig ~ REVISED SITE PLAN ~q "i . t 4 ~ ~ ~ M1 ~ - ~ E ~ z , eR~ osoo ~ '`t ~ ~ ~mz~ ~~x o n i~~~ 1 ~ 4 ~ [e ;~"sim ~ F~'~ =F~ EI ~ 11~ r a " SMOI VARZ2 UHSIASN gg®oa y 3 Ba ~i{~gf u~I p~fe 11 -F O ai 3 sqi < - 3 t ~iRx O ~i_ lPS¢p j 1y IIE 3 oo®o 1 s - it ~1~g~ Ii 1 3 ~a 4~ ~oao on # e le e~e 4 °w a° v Z o mZ ZZ r JF U F S Q O K °ZZ °p 3 O ~ ¢3 I a 3~ ~ E~ 26 ~ ■ i2 min Z ' I ~ win -w' < _ ~a im dp i, Na'~'~ Na a:w ow T J a of w °w ~w °U Jw mom 13j aY' n'a i ~ qW o a g~i' u~"' ~W ' 2? r~lv'i ~w ~ 2 a `m ~y ~ ~ ~ a x ~ ~ ~ w< Wa w o z~ gpw= g~a o V1 ~o ~ ink ~ ~ I w a N ua ~~w ~o° < ~ rcainw nz j - Wm< W I° <U w, w 3 g og~ <808 aoj F O ~ K O O UJ <wR tQ. NN ~J V~ i0 U O U VI vpZ y~UZ 4SV = QU UU N j2 N Z r 36 Q N LL w0 111 -~vi2 r N 20F2 UmF ` mU r 0 TFpNJ G m K GwIW N w V w pSwD F Ow ' U~ O" 2 Wd' a W W 6 R SJ2~ F: JZ J.1 cVS~~Z° ¢ p22 W2` O~ -Z wm V ZO WrcY> W 5'1 3 } O~m(~✓^Ni i'~ OUP _ KR a v~U VO O " y O O O O O O O ~O O O ~ OiO W O JIB 8 ~ 8 8 t x LLJ 8 8 V W I~I~II ihf II IIII ~ ` - - I IIIIIPd 1111 !"1 54 I h l II 4 I F~e+ O } III 6 1 I - I Illililu II I „ it I:II II - 11111Ii II 111 . ul' Wp 9 yi~ I Ih 4 m _ - Illllr,'' Illi, 11141 HI ~ llll~'~ Ii jl e I ~i~jl ® iIII I 111H 1 11 will ICU °a r Ill,i II ~II - - IIII } gill, !T 11Illlll~ll I'll i I N - I a IIII l1 I~' i ~ ~ I~'"~N I it I,I II r-- I I I 111Ii: ~ lU i I, c _ jl a a _ II I!i in l 1110 111.1111IN66 x I~~'1II ~IIjs a 'III 11 > § III.11 ju II a a III Ill~li jI ~ m ~ I. I °z Ilil IIII W I II III hh9'11:ihl:~ii~ AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER AUGUST 15, 2006 A. CALL TO ORDER B. ADOPT AGENDA C. APPROVE MINUTES D. OLD BUSINESS E. NEW BUSINESS 1. CEDAR GROVE REDEVELOPMENT DISTRICT - Public Hearing to consider the use of eminent domain for the acquisition of the All American Recreation property at 3820 Sibley Memorial Highway 2. CEDAR GROVE REDEVELOPMENT DISTRICT - Property Management Service Contract with Griffin Companies for Operation of the Cedarvale Mall property 3. NORTHEAST EAGAN REDEVELOPMENT DISTRICT - Consent to Collateral Assignment of Development Agreement between the City and MG Eagan, LLC to M&I Marshall & Ilsey Bank 4. NORTHEAST EAGAN REDEVELOPMENT DISTRICT - Issuance of tax increment note to Interstate Partners for Phase I of Grand Oaks redevelopment F. OTHER BUSINESS - The EDA will be asked to hold an executive session to discuss negotiations for the acquisition of the Cedarvale Shell Station and relocation negotiations regarding Grand Slam in the Cedarvale Mail. As a consequence, the EDA will not adjourn its meeting until the closed session is completed. I~ Agenda Information Memo Eagan Economic Development Authority Meeting August 15, 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 July 18, 2006 EDA meeting as presented or modified. ATTACHMENTS: • Minutes of the July 18, 2006 EDA meeting on pages ST•185 l8~ MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota July 18, 2006 A meeting of the Eagan Economic Development Authority was held on Thursday, July 18, 2006 at the Eagan Municipal Center. Present were President Geagan, Commissioner Fields, Commissioner Tilley, Commissioner Carlson 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 It was noted that an item is being added to the agenda regarding the rescheduling of the eminent domain public hearing pertaining to All American Recreation. Commissioner Fields moved, Commissioner Tilley seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 APPROVE MINUTES Commissioner Tilley moved, Commissioner Carlson seconded a motion to adopt a resolution approving the minutes of the July 6, 2006 meeting as presented. Aye: 5 Nay:0 NEW BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT RESOLUTION TO EXTEND OCCUPANCY AGREEMENT, MEI DISTRIBUTION SOLUTIONS, 4040 CEDAR GROVE PARKWAY Community Development Director Hohenstein discussed the proposed extension of the occupancy agreement for MEI Distribution Solutions. Commissioner Carlson moved, Commissioner Tilley seconded a motion to adopt a resolution to extend the occupancy agreement for MEI Distribution Solutions, 4040 Cedar Grove Parkway and authorize the EDA President and Executive Director, Mayor and City Clerk to execute the related agreements. Aye: 5 Nay: 0 CEDAR GROVE REDEVELOPMENT DISTRICT RESOLUTION TO APPROVE A PURCHASE AGREEMENT FOR LYNDON NELSON PROPERTY, 3912-3914 CEDARVALE DRIVE Community Development Director Hohenstein discussed the proposed purchase agreement for the Lyndon Nelson property, 3912-3914 Cedarvale Drive. 1gy Commissioner Fields moved, Commissioner Tilley seconded a motion to adopt a resolution to approve a Purchase Agreement and related documents for the Lyndon Nelson property, 3912-3914 Cedarvale Drive and authorize the EDA President and Executive Director, Mayor and City Clerk to execute the related agreements. Aye: 5 Nay: 0 CEDAR GROVE REDEVELOPMENT DISTRICT AMENDMENT OF THE CORE AREA TIF DEVELOPMENT AGREEMENT REGARDING THE DEVELOPMENT SCHEDULE Community Development Director Hohenstein discussed the proposed amendment to the Core Area TIF Development Agreement. Commissioner Tilley moved, Commissioner Carlson seconded a motion to adopt a resolution approving an Amendment of the Core Area TIF Development Agreement Regarding the Development Schedule between the City of Eagan and Schafer Richardson and authorize the EDA President and Executive Director, Mayor and City Clerk to execute the related agreements. Aye: 5 Nay: 0 OTHER BUSINESS Commissioner Tilley moved, Commissioner Fields seconded a motion to reschedule the public hearing regarding the use of eminent domain for the acquisition of the All American Recreation property at 3820 Sibley Memorial Highway from August 3 to August 15, 2006. Aye: 5 Nay: 0 The meeting was adjourned at 8:30 p.m. Date Thomas Hedges, Executive Director 1~ Agenda Memo Eagan Economic Development Authority Meeting August 15, 2005 1. CEDAR GROVE REDEVELOPMENT DISTRICT - PUBLIC HEARING TO CONSIDER THE USE OF EMINENT DOMAIN FOR THE ACQUISITION OF THE ALL AMERICAN RECREATION PROPERTY AT 3820 SIBLEY MEMORIAL HIGHWAY ACTION TO BE CONSIDERED: To hold and close the public hearing to consider the public purpose of acquisition of All American Recreation (JR Mega) property located 3820 Sibley Memorial Highway and to direct preparation of findings of fact for approval or denial of the agreement to be considered at a future City Council-EDA meeting. 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. • As the process leading up to the redevelopment of the area has been going on, the City has considered the acquisition of properties, in which there is a willing seller. • The All American Recreation property is a core property in the initial phase of redevelopment of the Redevelopment District. • With respect to the All American Recreation property, staff has discussed the possible acquisition of the property with its owner, Gerald Schiltz, doing business as JR Mega Inc. • In keeping with its past practice, the City asked Mr. Schiltz if he would be interested in preparing an appraisal of the value of the property on which to base negotiations for purchase. In lieu of doing so, in February, Mr. Schiltz sent correspondence asking the City to make an offer for his property. • The City had an appraisal prepared and, on its basis, an offer of $1.25 million was made to Mr. Schiltz for the property. Mr. Schiltz has responded that he believes that the offer is insufficient, but he has not made a counteroffer or submitted appraisal information that would provide the basis for further negotiation. • At its meeting of July 6, 2006, the EDA and City Council scheduled a public hearing for its meeting of August 3, 2006. When the August 3 meeting was rescheduled for July 31, the EDA and Council also rescheduled the Public Hearing in this regard to August 15, 2006 to permit adequate time for published and mailed notice to be made. • General facts concerning the redevelopment area are as follows: 1~ • The City performed an analysis of properties in western Eagan in the general area of Hwy 13 and Hwy 77 (Cedar Avenue) and found that properties within the area met the standards necessary under Minnesota statutes to qualify as a redevelopment Tax Increment Financing District. • On the basis of those findings, the City created the Cedar Grove TIF District on October 2, 2001 and certified it to Dakota County on July 22, 2003. The purpose for the District under the TIF Plan is to facilitate a mixed-use redevelopment incorporating owner-occupied and rental housing, retail and commercial development and transit features as well as to make necessary infrastructure improvements in the area. • The TIF District formed by that action included the property located at 3820 Sibley Memorial Highway. • More detailed background is included in the City Attorney's memo, which is included in the attachments. • If the City Council and EDA determine on the basis of the record and the information available to them that the redevelopment should move forward under the terms of the agreement, they should direct the preparation of findings to that effect to be considered at the next City Council and EDA meeting. ATTACHMENTS: Q • Redevelopment District map on page Q$ • City Attorney's background memo on pages ) e_)l 4l 111 ~111♦•IH~HI~111~111ft11~111~1111111~111~111, -A Silver Bell. Rd- Cedar Grove RedevelopmentA rea.~ j l/ \ All American Recreation Site - A ~a - = - O. Z 0 325 650 1.300 Feet city of eogCM Cedar Grove Redevelopment Area All American Recreation Site 3820 sibley Memorial Hwy e2Q ~C O SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. SUITE 600 7300 WEST 147TH STREET APPLE VALLEY, MINNESOTA 55124-7580 (952) 432-3136 TELEFAX NUMBER (952) 432-3780 E-MAIL huuskog@seversonsheldon.com TO: Jon Hohenstein, Community Development Director FROM: Gary Huusko, Assistant City Attorney DATE: August 8, 2006 RE: Background for Public Hearing on All American Recreation property condemnation. Our File No. 206-23508 The Notice of Hearing has been published (July 30th) and sent to the property owner (August 2nd) pursuant to MINN. STAT. § 469.012, Subd. lg (2005). On August 15th, the public hearing will be held. At that time, the EDA will need to do the following: • Open the Public Hearing and receive public comment on the consideration for acquisition of the Property by eminent domain; • Make sufficient Findings and Conclusions to support the acquisition; • Close the Public Hearing; • Direct staff and legal counsel to prepare Findings of Fact, Conclusions and Resolution for the exercise by the EDA of its power of eminent domain, including 90 day quick take. The general relevant information that should be considered by the EDA includes the history of the establishment of the TIF District, the Development Agreement between the Developer and the EDA and City, and the appraisal by BRKW Appraisals, Inc. I to! ~--Orll Specifically, relevant background to the discussion is as follows: Notice of Hearin • The Economic Development Authority published in the requisite legal newspaper the Notice of Hearing on July 30, 2006, which is no more than 30 days nor less than 10 days prior to the hearing by the Economic Development Authority to consider acquisition of the Property identified above and below by exercise of the Economic Development Authority's powers of eminent domain. • The Economic Development Authority sent the Notice of Hearing to the Property Owner, by Registered United States Mail on August 2, 2006, which is no more than 30 days nor less than 10 days prior to the hearing by the Economic Development Authority to consider acquisition of the Properties identified above and below by exercise of the Economic Development Authority's powers of eminent domain. General facts concerning the redevelopment area and the Development Agreement • The City performed an analysis of properties in the Cedarvale/Cedar Grove commercial area on the east side of Cedar Avenue/Hwy 77 at its intersection with Hwy 13 and found that properties within the area met the standards necessary under Minnesota statutes to qualify as a redevelopment Tax Increment Financing District. • On the basis of those findings, the City created the Cedar Grove TIF District October 2, 2001. The purpose for the District under the TIF Plan is to replace a market obsolete regional shopping center, provide new life cycle housing options for existing Eagan residents, enhance the public transit infrastructure and correct a number of traffic problems within the project area. • The TIF Plan makes a finding that but-for creation of the District, the intended redevelopment activity would not happen. The City's Redevelopment Consultant has reviewed the financial proforma for the proposed development and has prepared a memo indicating, likewise, that the specific proposed redevelopment contemplated by the agreement would not occur but-for the assistance outlined in the TIF Development Agreement. • The TIF assistance to the project is outlined in the proforma for the development and will be transferred in stages at the completion of each development phase. • The Development Agreement covers issues including the level of TIF assistance that may be provided to the Developer and the potential for the Developer to request that the EDA use eminent domain to acquire the remaining parcels. • The Development Agreement includes a provision that the city will be the lead in property acquisition, and the likely use of eminent domain for property assemblage. 2 1 Qe • Unlike other redevelopment agreements, the Development Agreement does not impose an obligation upon the Developer to pursue good faith efforts to acquire the property prior to requesting that the city exercise its power of eminent domain. • The EDA has made good faith efforts to acquire the property. An appraisal was made of the property by BRKW Appraisals, Inc., and on the basis of the fair market value as determined by that appraisal, an offer was made to the property owner, which was declined. • The conceptual development plan of the Developer for the redevelopment area, including the Property, is generally in conformance with the City's Comprehensive Guide Plan, zoning and land use ordinances and appears to be consistent with the surrounding development and development plans for the area. General Facts Supporting the use of Eminent Domain • The redevelopment area, including the Property, is proper and desirable to establish and develop within the City. • The property considered to be acquired by the Authority will be acquired for public uses and public purposes and that the taking is necessary and convenient in furtherance of a redevelopment project within the City. • The Property is necessary to carry out the redevelopment of the Redevelopment District. • The redevelopment will increase the tax base, increase employment, modernize outdated and incompatible buildings, and further the City's ultimate objective of creating an economically viable redevelopment project. 3 4l Agenda Memo Eagan Economic Development Authority Meeting August 15, 2006 2. CEDAR GROVE REDEVELOPMENT DISTRICT - PROPERTY MANAGEMENT SERVICE CONTRACT WITH GRIFFIN COMPANIES FOR OPERATION OF THE CEDARVALE MALL PROPERTY ACTION TO BE CONSIDERED: To adopt a resolution to approve a Property Management Service Contract with Griffin Companies for the operation of the Cedarvale Mall property and to authorize the EDA President and Executive Director to execute the appropriate documents. FACTS: • In anticipation of the redevelopment of the Cedar Grove Area, the City is proceeding with the acquisition of the Cedarvale Mall. The City is scheduled to take possession of the mall on September 1, 2006. • While staff, the City Attorney and relocation consultant are working with the mall tenants to facilitate their relocation, a number of them will remain in the building for a period of time after that date. • To minimize the number of changes occurring at that time, staff has solicited a proposal from the property manager that currently operates the mall, Griffin Companies, to continue that service until the remaining tenants are relocated from the space. The scope of work will include general building maintenance, repairs, cleaning, site management, mowing, etc. It is staff's intention to have the snow removal for the property added to one of the City's snow removal contracts. • At the time of packet preparation, staff continues in negotiation of details of the agreement, but the item is being placed on this agenda because it is the last regular EDA meeting prior to September 1. If the final agreement is not complete in time for packet distribution, an update will be provided with the Supplemental Information packet on Monday. ATTACHMENTS: Rb Area map on page • Resolutions on pages _ICI(4- A5 • Property Management Agreement available upon request. RL III Nrru~Hrar'""'Awlir~rrr~nr~ 1 y~ qre - ■ y _ pw J , M Site 5 ~ a r s eq'ar Grot e R~aa . 4 1•%p~~htgr as 325 ada~al~ Mall 6s0 Site Fee X93 CITY OF EAGAN RESOLUTION TO APPROVE A PROPERTY MANAGEMENT AGREEMENT BETWEEN THE CITY OF EAGAN AND GRIFFIN COMPANY RELATED TO THE MANAGEMENT OF THE CEDARVALE MALL PROPERTY BE IT RESOLVED by the Eagan City Council to approve a Property Management Service Contract Between the City of Eagan and Griffin Companies for operation of the Cedarvale Mall property in the Cedar Grove Redevelopment District. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council in a regular meeting thereof assembled this 15a' day of August, 2006. Maria Petersen, City Clerk 1qQ EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION TO APPROVE A PROPERTY MANAGEMENT AGREEMENT BETWEEN THE CITY OF EAGAN AND GRIFFIN COMPANY RELATED TO THE MANAGEMENT OF THE CEDARVALE MALL PROPERTY BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve a Property Management Service Contract Between the City of Eagan and Griffin Companies for operation of the Cedarvale Mall property in the Cedar Grove Redevelopment District. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Jon Hohenstein, Secretary/Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting thereof assembled this 15th day of August, 2006. Jon Hohenstein, Secretary/Deputy Executive Director 1q5 Agenda Memo Eagan Economic Development Authority Meeting August 15, 2006 3. NORTHEAST EAGAN REDEVELOPMENT DISTRICT - CONSENT TO COLLATERAL ASSIGNMENT OF DEVELOPMENT AGREEMENT BETWEEN THE CITY AND MG EAGAN, LLC TO M&I MARSHALL & ILSEY BANK ACTION TO BE CONSIDERED: To adopt a resolution to consent to the collateral assignment of the Development Agreement between the City and MG Eagan, LLC to M&I Marshall & Ilsey Bank and to authorize the EDA President and Executive Director to execute the appropriate documents. FACTS: • The City of Eagan and the Eagan Economic Development Authority held a public hearing on November 1, 2005 with respect to a development agreement between the City and MG Eagan, LLC for the redevelopment of a portion of the Northeast Eagan Redevelopment District. Findings of Fact for the approval of the agreement were subsequently approved on March 6, 2006. • The developer and City have proceeded with efforts to acquire the remaining properties in the affected portion of the redevelopment district and the developer is arranging its financing for related to property acquisition and development. • As a part of the financing, the developer has requested that the City consider an agreement for collateral assignment of the agreement to its financing institution, Marshall & Issey Bank. The proposed agreement has been reviewed by staff and the City Attorney and is in order for consideration by the City Council. The assignment facilitates the financing of the project and does not modify the obligations on the developer to undertake the improvements contemplated by the agreement. ATTACHMENTS: • Area map on page • Resolutions on pages • Agreement available upon request. lq~ d _ C, w, O N *0 a C V H " C rn d y G w a a Q , c / Q W O N O) {p 0 m 2 c ui W C U LL O m a m' a V' C QI c 9, J W d Z m "V" 149 i~ _e ^cu LL ~ N f v O m o c C I C: m m ,(n m goad ~ \ ewe Z L L o ~ v° c ° CITY OF EAGAN RESOLUTION TO APPROVE COLLATERAL ASSIGNMENT OF THE DEVELOPMENT AGREEMENT BETWEEN THE CITY AND MG EAGAN, LLC TO M&I MARSHALL & ILSEY BANK BE IT RESOLVED by the Eagan City Council to approve an agreement for the collateral assignment of the Development Agreement between the City and MG Eagan, LLC to M&I Marshall & Ilsey Bank and to authorize the EDA President and Executive Director to execute the appropriate documents. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council in a regular meeting thereof assembled this 15th day of August, 2006. Maria Petersen, City Clerk I qE5 EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION TO APPROVE COLLATERAL ASSIGNMENT OF THE DEVELOPMENT AGREEMENT BETWEEN THE CITY AND MG EAGAN, LLC TO M&I MARSHALL & ILSEY BANK BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve an agreement for the collateral assignment of the Development Agreement between the City and MG Eagan, LLC to M&I Marshall & Ilsey Bank and to authorize the EDA President and Executive Director to execute the appropriate documents. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Jon Hohenstein, Secretary/Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting thereof assembled this 15th day of August, 2006. Jon Hohenstein, Secretary/Deputy Executive Director IT7 Agenda Memo Eagan Economic Development Authority Meeting August 15, 2006 4. NORTHEAST EAGAN REDEVELOPMENT DISTRICT - ISSUANCE OF PHASE I TAX INCREMENT NOTE TO INTERSTATE PARTNERS FOR GRAND OAKS REDEVELOPMENT ACTION TO BE CONSIDERED: To adopt a resolution to certify that the Grand Oak CR LLC has substantially completed the Phase I minimum improvements under its TIF development agreement in the Northeast Eagan Redevelopment District, to authorize the EDA Executive Director to execute the certificate of completion for that Phase and to authorize the EDA President and Executive Director to execute the Tax Increment Revenue Note for that Phase. FACTS: • The City of Eagan and the Eagan Economic Development Authority previously approved a development agreement with Interstate Partners for the acquisition and resale of property located at the intersection of TH 149 and TH 55 for redevelopment purposes. That agreement was subsequently amended on May 4, 2004 to clarify aspects of the development and to allocate the proposed tax increment financing assistance between the proposed development phases. • The agreement was further amended on August 1, 2005 based on a development plan under which it was proposed that 60,000 s.f. be built in the first phase and 90,000 s.f. in the second. The amendment called for up $600,000 to be allocated to phase 1 and $900,000 to phase 2. • Under the terms of the amended agreement, the developer has submitted documentation that the minimum Phase I improvements have been completed and a request that the Phase I TIF Revenue Note be issued. Staff has confirmed that the minimum improvements have been completed. Consideration of authorization of issuance of the note is in order at this time. The note will be released to the developer upon submittal of documentation of eligible costs for the phase in the amount of $600,000 or more. ATTACHMENTS: • Area map on page - • Resolutions on pages N • Certificate of Completion and Tax Increment Note enclosed on pages C) C) C = C14 N l0 L C .~e. j j O Y N y co G p C C 7 ~ O ~ ~ m Q Q ~ C m U ~ VI ~ W C 2 LL m v .O. O ~ d V d U H a m (0 W Z :HwY 149 _ Y m E (6 . O C a. -o .2 ~ ~V //L~~ Gl / 'C . C m C7 `r 41 ~ e hh EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION TO CERTIFY COMPLETION OF PHASE I OF THE GRAND OAK CR LLC PROJECT IN THE NORTHEAST EAGAN REDEVELOPMENT DISTRICT AND ISSUE TIF NOTE BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to certify that the Grand Oak CR LLC has substantially completed the Phase I minimum improvements under its TIF development agreement in the Northeast Eagan Redevelopment District, to authorize the EDA Executive Director to execute the certificate of completion for that Phase and to authorize the EDA President and Executive Director to execute the Tax Increment Revenue Note for that Phase. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Jon Hohenstein, Secretary/Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting thereof assembled this 15`f' day of August, 2006. Jon Hohenstein, Secretary/Deputy Executive Director 2D7- CITY OF EAGAN RESOLUTION TO CERTIFY COMPLETION OF PHASE I OF THE GRAND OAK CR LLC PROJECT IN THE NORTHEAST EAGAN REDEVELOPMENT DISTRICT AND ISSUE TIF NOTE BE IT RESOLVED by the Eagan City Council to certify that the Grand Oak CR LLC has substantially completed the Phase I minimum improvements under its TIF development agreement in the Northeast Eagan Redevelopment District, to authorize the EDA Executive Director to execute the certificate of completion for that Phase and to authorize the EDA President and Executive Director to execute the Tax Increment Revenue Note for that Phase. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council in a regular meeting thereof assembled this 150i day of August, 2006. Maria Petersen, City Clerk Z0-3 CERTIFICATE OF COMPLETION The undersigned hereby certifies that Grand Oak CR LLC and or its successors or assigns have fully and completely complied with the obligations of the Developer under that document entitled "Development Agreement," dated May 4, 2004, as amended August 1, 2005, between the Eagan Economic Development Authority, the City of Eagan and Grand Oak CR LLC with respect to construction of Substantially All (as defined in the Development Agreement) of the Phase I Minimum Improvements in accordance with the approved construction plans and is and are released and forever discharged from its and their obligations to construct the Phase I Minimum Improvements under such above-referenced Development Agreement. Dated: EAGAN ECONOMIC DEVELOPMENT AUTHORITY By: Thomas L. Hedges Its: Executive Director STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 2006, by Thomas L. Hedges, the Executive Director of the Eagan Economic Development Authority, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public The Legal Description of the Phase I Property is: Lot 2, Block 1, Grand Oak Five (PIN: 10-30804-020-01); Lot 3, Block 1, Grand Oak Five (PIN: 10-30804-030-01); and Lot 4, Block 1, Grand Oak Five (PIN: 10-30804-040- 01 and referred to as the Phase I Property in the Development Agreement. Such real property constitutes a portion of the EDA's Tax Increment Financing District No. 2-4. 2E~f $600,000.00 UNITED STATES OF AMERICA STATE OF MINNESOTA EAGAN ECONOMIC DEVELOPMENT AUTHORITY TAX INCREMENT REVENUE NOTE The Eagan Economic Development Authority ("EDA"), Eagan, Minnesota, for value received, promises to pay, but solely from the source, to the extent and in the manner hereinafter provided, to Grand Oak CR LLC (the "Owner") the principal sum of Six Hundred Thousand and no/100 Dollars ($600,000.00), in semi-annual installments due on each February 1 and August 1 thereafter up to and including February 1, 2029 (each being a "Scheduled Payment Date"), together with interest on the outstanding and unpaid principal balance of this Note at the rate of 7.00% per annum. Installment payments shall be applied first to interest and then to a reduction of outstanding principal. Interest on the outstanding balance of this Note shall accrue from the date hereof and shall be added to the principal amount on each February 1 and August 1 installment payment date unless paid on such date. Each payment on this Note is payable in any coin or currency of the United States of America which on the date of such payment is legal tender for public and private debts and shall be made by check or draft made payable to the Owner and mailed to the Owner at the postal address within the United States designated from time to time by the Owner. This Note is subject to prepayment on any Scheduled Payment Date at the option of the EDA, in whole or in part, upon payment to the Owner of the principal amount of the Note to be prepaid, without premium or penalty. EXCEPT AS PERMITTED BY THE DEVELOPMENT AGREEMENT, THIS NOTE IS TRANSFERABLE ONLY WITH THE CONSENT OF THE EDA AND ONLY UPON THE REGISTER OF THE EDA TREASURER, AS REGISTRAR, BY THE OWNER HEREOF OR BY ITS DULY AUTHORIZED ATTORNEY. This Note is a special and limited obligation and not a general obligation of the EDA, which has been issued by the EDA pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Section 469.178, subdivision 4, and aid in financing a "project," as therein defined, of the EDA consisting generally of defraying certain costs incurred and to be incurred by the EDA within and for the benefit of its Tax Increment Financing District No. 2-4. This Note is issued pursuant to the First Amendment to the Second Amended and Restated Development Agreement dated as of August 1, 2005, and pursuant to the Second Amended and Restated Development Agreement dated as of May 4, 2004, between the EDA and the Owner (the "Development Agreement"). THIS NOTE IS NOT PAYABLE OUT OF ANY FUNDS OR PROPERTIES OTHER THAN AVAILABLE TAX INCREMENT, AS DEFINED BELOW. ?O5 The principal of and interest on this Note is payable solely from and only to the extent of Available Tax Increment received by the EDA as of each Scheduled Payment Date which has not previously been applied to payment of this Note. For purposes of this Note, the term "Available Tax Increment" means 75% of all tax increment received in the year preceding a Scheduled Payment Date with respect to collections of ad valorem taxes from the real property described as follows: Lot 2, Block 1, Grand Oak Five (PIN: 10-30804-020-01); Lot 3, Block 1, Grand Oak Five (PIN: 10-30804-030-01); and Lot 4, Block 1, Grand Oak Five (PIN: 10-30804-040-01 and referred to as the Phase I Property in the Development Agreement. Such real property constitutes a portion of the EDA's Tax Increment Financing District No. 2-4. The EDA shall pay to the Owner on each Scheduled Payment Date all Available Tax Increment on that date to the extent necessary to pay principal and interest then due and any past due installment. To the extent that the EDA is unable to pay the total principal and interest due on this Note at or prior to the February 1, 2029 maturity date hereof as a result of its having received as of such date insufficient Available Tax Increment, such failure shall not constitute a default under this Note and the EDA shall have no further obligation hereon. This Note shall not be payable from or constitute a charge upon any funds of the EDA, and the EDA shall not be subject to any liability hereon or be deemed to have obligated itself to pay hereon from any funds except the Available Tax Increment, and then only to the extent and in the manner herein specified. The Owner shall never have or be deemed to have the right to compel any exercise of any taxing power of the EDA or of any other public body, and neither the EDA nor any council member, officer, employee or agent of the EDA, nor any person executing or registering this Note shall be personally liable hereon by reason of the issuance or registration hereof or otherwise. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things required by the Constitution and laws of the State of Minnesota to be done, to have happened, and to be performed precedent to and in the issuance of this Note have been done, have happened, and have been performed in regular and due form, time and manner as required by law; and that this Note, together with all other indebtedness of the EDA outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the EDA to exceed any constitutional or statutory limitation. 20~r IN WITNESS WHEREOF, the EDA has caused this Note to be executed by the manual signatures of the President and Executive Director of the EDA, all as of the day of , 2006. EAGAN ECONOMIC DEVELOPMENT AUTHORITY By: Pat Geagan Its: President ATTEST: Thomas L. Hedges Its: Executive Director 207 (Form of Transfer) For value received, the undersigned Owner does hereby assign and transfer the foregoing Note to the named Assignee, and the undersigned Treasurer of the Eagan Economic Development Authority, as registrar, hereby certifies that the foregoing Note has been transferred and registered on the bond register in the name of such Assignee. Date of Transfer Name of Assignee Signature of Owner Executive Director On Register 210a Agenda Information Memo Eagan Economic Development Authority Meeting August 15, 2006 F. OTHER BUSINESS The EDA will be asked to hold an executive session to discuss negotiations for the acquisition of the Cedarvale Shell Station and relocation negotiations regarding Grand Slam in the Cedarvale Mall. As a consequence, the EDA will not adjourn its meeting until the closed session is completed. zo~