The URL can be used to link to this page

05/15/2007 - City Council Regular AGENDA Fff& EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING May 15, 2007 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) 111. RECOGNITIONS & PRESENTATIONS IV. CONSENT AGENDA P. Z A. APPROVE MINUTES S B. PERSONNEL ITEMS /O C. APPROVE CHECK REGISTERS , 11 D. APPOINT Jason Akey to a one year alternate term on the Gun Club Lake Watershed Management Organization P, 12 E. DIRECT the Annual 2006 Financial Report and audit findings to the City Council's Finance Committee for a preliminary review R 13 F. AMEND 2007 Part 11 CIP providing for Administration / Finance reception area enhancements JR./t/ G. APPROVE Deferment of Metropolitan City Entitlement Status for Community Development Block Grant Funding to the Dakota County CDA P. !9 H. APPROVE Extension for Recording the Final Plat of Marian Addition j7. 21 1. APPROVE Extension for Recording Final Subdivision of Terra Glenn Lofts F7.23 J. RECEIVE Bids / AWARD Contract - Contract 07-03 (City-Wide Sealcoat) 25 K. RECEIVE Easement Vacation Petition and Schedule Public Hearing (June 19, 2007), Lot 2, Block 1 Unisys Park Addition P. Za L. RECEIVE Easement Vacation Petition and Schedule Public Hearing (June 19, 2007), Lot 1, Block 1, Safari at Eagan 3`a Addition M. RECEIVE Feasibility Report / Schedule Public Hearing (June 19, 2007), Project 951, South Dodd Road Sanitary Lift Station Improvements F. N. ACKNOWLEDGE Completion and Authorize City Maintenance of Project 05-E, Sweet Place p, ,j5 O. PROCLAIM June, 2007 as Eagan Lakes Appreciation Month p 35 P. APPROVE Joint Powers Agreement with Dakota County for Traffic Signal Maintenance Services p. 3(o Q. APPROVE "No Parking" Resolution for Northwood Parkway 17 M R. ACCEPT Resignation of Bill Raker from the Burnsville/Eagan Telecommunications Commission P. 40 S. APPROVE Final Plat and Final Planned Development - Thomson - A Final Plat of 43.45 acres and a Final Planned Development to build a Data Center Facility located at 610 Opperman Drive on Lot 1, Block 1, West Publishing Company Seventh Addition P. q5 T. AFFIRM the opinion of the City Attorney pertaining to the reimbursement of Eagan Charter Commission Expenses p. 45 U. APPROVE Cellular Lease Agreement Amendment - Verizon Wireless (Southern Lakes Water Tower) p, 4Q V. APPROVE Final Subdivision for Oak Hills Church 2 Addition V. PUBLIC HEARINGS VI. OLD BUSINESS VII. NEW BUSINESS 5 A. PRELIMINARY SUBDIVISION AND CONDITIONAL USE PERMITS - THE National Bank - A Preliminary Subdivision of 2.56 acres to create 3 lots for retail, coffee shop and a bank; and Conditional Use Permits to allow joint parking, Drive-Thru for coffee shop and a drive-thru for a bank located at 4249 Johnny Cake Ridge Road on Lot 3, Block 1, Diffley Plaza in the NW '/4 of Section 28. 85 B. PRELIMINARY SUBDIVISION- Boulder Lakes Business Park- Interstate Partners -A Preliminary Subdivision of 85 + acres to create 4 lots and two outlots located at 565 Lone Oak Road in the SW '/4 of Section 01. C. COMPREHENSIVE GUIDE PLAN AMENDMENT - City of Eagan - A Comprehensive Guide Plan Amendment to make technical corrections to the land use and parks and recreation sections of the 2000 Comprehensive Guide Plan. z~ D. RESOLUTION CREATING A FUND to be designated as the "Open Space Preservation Fund" VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE X. ECONOMIC DEVELOPMENT AUTHORITY 133 A. Call to Order B. Adopt Agenda C. Approve Minutes D. Old Business E. New Business 1. CEDAR GROVE REDEVELOPMENT - Joint Powers Agreement with the Dakota County CDA to Coordinate 3( Demolition Services for City Owned Properties I q0 F. Other Business G. Adjournment XI. ADMINISTRATIVE AGENDA XII. VISITORS TO BE HEARD (for those persons not on agenda) 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 Eap Memo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MAY 11, 2007 SUBJECT: AGENDA INFORMATION FOR MAY 15, 2007 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the May 15, 2007 City Council agenda, the following items are in order for consideration. I Agenda Information Memo May 15, 2007 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 May 1, 2007 regular City Council meeting as presented or modified. ATTACHMENTS: Minutes of the May 1, 2007 regular City Council meeting are enclosed on pages V through. 2 MINUTES OF A REGULAR MEETING OF THE DRAFT EAGAN CITY COUNCIL Eagan, Minnesota May 1, 2007 A Listening Session was held at 6:00 p.m. in the Eagan Room prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Fields, Carlson,. Tilley and Bakken. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on May 1, 2007 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Carlson, Tilley and Bakken. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, Public Works Director Tom Colbert; City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA City Administrator Hedges noted that Item B under New Business regarding a planned development amendment at 1519 Central Parkway has been withdrawn at the request of the applicant. Councilmember Bakken moved, Councilmember Tilley 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 Tilley moved, Councilmember Bakken 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 April 17, 2007 regular City Council meeting and the April 10, 2007 special City Council meeting as presented. B. Personnel Items. 1. It was recommended to accept the letter of resignation from Colleen Callahan, Recreation Supervisor. 2. It was recommended to approve the hiring of Christie Bauer, Matt Mason, Ben Eng, Meghan Chapuis, Austin Phillips, Kyle Stevenson, Amber Stevenson, Ryan Boehne, Melanie McLean, Casey Willmarth, Stephanie Carll and Josh Garcia as part-time seasonal concessions workers. 3. It was recommended to approve the hiring of Sarah Catlett, Tyler Christianson, Katy Donndelinger, Andrew Johnson, Abigail Maruish, Lauren Miller, Brenna O'Gorman, Claire Opsahl, Amber Stevenson and Iris Lynette Tejera as part-time seasonal recreation leaders. 4. It was recommended to approve the hiring of Benjamin Anderson, Christie Bauer, Stephanie Carll, Meghan Galloway, Mollie Gebhart, Kassi Giles, Sarah Hannasch, Hillary Haynes, John Lauder, Kimberlee Maczko, Megan O'Halloran, Michael Redig, Megan Schmeisser, Steph Seidel, Kevin Stevenson and Sarah Unmacht as part-time seasonal recreation assistants. 5. It was recommended to approve the hiring of Christie Bauer and Meghan Chappuis as part-time seasonal recreation program assistants. C. Check Registers. It was recommended to ratify the check registers dated April 19, 2007 and April 26, 2007 as presented. D. Policies and Procedures - Data Practices. It was recommended to adopt Policies and Procedures Regarding Public Access to Government Data and Rights of Subject of Data and to appoint Mira Pepper as Responsible Authority for the purpose of meeting all requirements of Minnesota Statutes §13.01. E. Right-of-Way / Easement Vacation. It was recommended to receive the petition to vacate public drainage and utility easement within Lot 6, Block 1 Brittany 2nd Addition and schedule a public hearing to be held on June 5, 2007. F. Agreement with Shred-It. It was recommended to approve the agreement with Shred-It to provide document destruction services for the City of Eagan. 3 DRAFT Eagan City Council Meeting Minutes May 1, 2007 Page 2 G. Temporary Malt Liquor License. It was recommended to approve the temporary 3.2 percent malt liquor license for the Eagan Lions Club for the Fourth of July celebration (July 3-4, 2007) and waive the $25 license fee. H. TempoEM Liquor License. It was recommended to approve a temporary on-sale liquor license for the Twin Cities Good Time Softball League. 1. Construction Loan Disbursement Agreement. It was recommended to approve a Construction Loan Disbursement Agreement with the Dakota County Community Development Agency and the Cedar Bluffs Homeowners Association for the Cedar Bluffs Housing Improvement District. J. Right-of-Way/ Easement Vacation. It was recommended to receive the petition to vacate public drainage and utility easements and right-of-way within Delaware Estates (proposed "Boulder Lakes" development) and schedule a public hearing to be held on June 5, 2007. K. Contract 06-01. It was recommended to receive the bids for Contract 06-01 (TH 149 Reconstruction and Upgrade TH 55- Albano Trail) L. Contract 07-02. It was recommended to receive the bids for Contract 07-02 (2007 City-Wide Sanitary Sewer Lining), award the contract to Visu-Sewer Clean & Seal, Inc. for the Base Bid unit price up to $122,500 and authorize the Mayor and City Clerk to execute all related documents. M. County Highway Overlays Noise Regulations. It was recommended to authorize a variance to the Construction Activity Noise Regulations (Ordinance Section 10.37) to allow construction activity on Yankee Doodle Road (Federal Drive to I-35E), and Pilot Knob Road (Westcott Road to Marice Drive) between the hours of 10:00 p.m. and 7:00 a.m. Monday through Friday, for the 2007 County Highway overlays. N. Grant. It was recommended to accept a $2,000 grant from the Eagan Foundation for the Eagan Police Explorers. 0. Shows License. It was recommended to approve a Shows License for Eagan High School to hold a GoKart / Carnival on September 29, 2007 (with a rain date of September 30, 2007) on school property. PUBLIC HEARINGS PROJECT 905 "R", LONG ACRES / LEBANON HILLS REGIONAL PARK STORM DRAINAGE IMPROVEMENTS City Administrator Hedges introduced this item regarding storm drainage improvements for Long Acres / Lebanon Hills Regional Park. Public Works Director Colbert provided an overview of the project. City Engineer Matthys gave a staff report. Mayor Maguire opened the public hearing. Three residents spoke regarding the level of Marsh Lake; if an environmental study will be conducted, including a study of migrational birds; and assessments to area properties. Public Works Director Colbert responded to the questions. There being no further public comment, Mayor Maguire closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve Project 905 R (Long Acres / Lebanon Hills Regional Park - Storm Drainage Improvements) and authorize the preparation of plans, specifications and joint powers agreements. Aye: 5 Nay: 0 CERTIFICATION OF DELINQUENT FALSE ALARM BILLS City Administrator Hedges introduced this item regarding delinquent false alarm bills. Administrative Services Director VanOverbeke explained the City currently has eight delinquent false alarm bills with an assessable amount of $2,180. Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. 0 Eagan City Council Meeting Minutes May 2007 DRAFT Page 3 3 Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the final assessment roll for delinquent false alarm bills and authorize its certification to Dakota County. Ayes: 5 Nay: 0 CERTIFICATION OF DELINQUENT WEED CUTTING BILLS City Administrator Hedges introduced this item regarding delinquent weed cutting bills. Administrative Services Director VanOverbeke explained the City currently has seven delinquent weed cutting bills with an accessible amount of $1,024.40. Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the final assessment roll for delinquent weed cutting bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 CERTIFICATION OF DELINQUENT UTILITY BILLS City Administrator Hedges introduced this item regarding the certification of delinquent utility bills. Director of Administrative Services VanOverbeke explained the City currently ahs approximately 552 utility bill accounts with delinquent payments. The assessable amount of these accounts is $111,064.54. Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve the final assessment roll for delinquent utility bills and authorize its certification to Dakota County for collection with property taxes. Aye: 5 Nay: 0 ORGANIZATIONAL BUSINESS ADVISORY COMMISSION APPOINTMENTS City Administrator Hedges discussed the appointment process for advisory commission members noting there were 16 applicants, 13 of whom were able to attend an interview with the City Council on April 24. Ballots were distributed and after a tally of the votes, the following people were appointed: Advisory Planning Commission 2 year term: Steven Chavez; Nelson Mark Filipi I year term: Kimberly Feller 1 year alternate: Peter Dugan Advisory Parks and Recreation Commission 2 year term: Laurie Halverson 1 year alternate: Jennifer Dahlquist Airport Relations Commission 2 year term: Steve Beseke 1 year alternate: Maggie Jensen Bumsville/Eagan Telecommunications Commission 1 year alternate: Joe Conlon Gun Club Lake Watershed Management Organization 3 year term: Jeff Sluiter 1 year alternate: Vacant Mayor Maguire moved, Councilmember Fields seconded a motion to ratify the ballots for the 2007 Advisory Commission appointments. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes May 1, 2007 Page 4 OLD BUSINESS DRAFT There was no old business. NEW BUSINESS CONDITIONAL USE PERMIT - CENTRAL IRRIGATION City Administrator Hedges introduced this item regarding a conditional use permit for the outdoor storage of PVC pipes and trucks for property located at 2797 Eagandale Boulevard. City Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve a Conditional Use Permit for the outdoor storage of PVC pipes and trucks for property located at 2797 Eagandale Boulevard, legally described as Lots 8 and 9, Block 3, Eagandale Center Industrial Park, in the NW of Section 3, subject to the following conditions: Aye: 5 Nay: 0 1. This Conditional Use Permit supersedes all prior CUP's in effect for the property and shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. The applicant shall replat the parcels into one lot. 3. The storage area shall be maintained in an orderly fashion. 4. The outdoor storage shall be limited to he storage of the items, quantities and locations set forth on the Site Plan dated April 4, 2007. 5. The two temporary signs shall be removed. 6. Building signage shall comply with City sign ordinance requirements. 7. The applicant shall provide fence details acceptable to City staff to enclose and screen the outdoor storage areas. 8. The applicant shall provide adequate screening from the street with a 100% opaque fence. 9. The existing trailer shall be removed from the property as it is not included with the materials to be stored per the approved Site Plan. 10. The applicant shall surface the outdoor storage areas with bituminous pavement. 11. The applicant shall provide a Landscape Plan for the front yard per current City Code requirements. 12. The rooftop mechanical equipment must meet screening requirements per City Code. 13. The applicant shall enclose the dumpster in a trash enclosure that meets City Code requirements. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no updates. The regular City Council meeting was recessed at 7:55 p.m. and a meeting of the Economic Development Authority was immediately convened. The regular City Council meeting was reconvened at 8:00 p.m. ADMINISTRATIVE AGENDA City Administrator Hedges noted that an Executive Session would be held for the purpose of discussing the possible acquisition of the Mediterranean Cruise Property at 3945 Sibley Memorial Highway and the Diffley Ventures litigation. VISITORS TO BE HEARD Ed Finley discussed a proposed use for the existing movie theatre building in Cedar Grove Councilmember Fields moved, Councilmember Bakken seconded a motion to adjourn the meeting and immediately go to a closed session at 8:25 p.m. `t' Eagan City Council Meeting Minutes May 1, 2007 Page 5 Date Administrative Secretary / Deputy City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TDD phone: (651) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. Agenda Information Memo May 15, 2007 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Retirement/Part-time Building Maintenance Worker-- ACTION TO BE CONSIDERED: To accept the letter of retirement from Kim Hazel, part-time building maintenance worker, and acknowledge Kim for 20 years of service to the City of Eagan. Item 2. Full-time Overnight Custodian/Community Center-- ACTION TO BE CONSIDERED: To approve the hiring of a person to be named as overnight custodian at the Community Center. Item 3. Full-time Overnight Custodian/Campus Facilities— ACTION TO BE CONSIDERED: To approve the hiring of a person to be named as overnight custodian at the Campus Facilities. Item 4. Full-time Manager-on-Duty/Campus Facilities ACTION TO BE CONSIDERED: At the April 17, 2007 City Council meeting, approval was given to the hiring of a person to be named as Manager-on-Duty at the Campus Facilities. That person's name is Jordan Hirman. This item is informational only. Item 5. Transfer from Seasonal Recreation Program Asst to Permanent Part-time Manager-on-Duty/Seniors-- ACTION TO BE CONSIDERED: To approve the transfer of Cara Lardy from seasonal Recreation Program Assistant to Permanent Part-time Manager-on-Duty/Seniors. 8 Agenda Information Memo May 15, 2007 Eagan City Council Meeting Item 6. Part-time Seasonal Recreation Leaders-- ACTION TO BE CONSIDERED: To approve the hiring of Christine Marden, Greg Bostrom, Andrew Johnson, Emily Thorkildson, Kaitlin Giles, Kristin Giles and Brenna 0-Gorman as part-time seasonal recreation leaders. Item 7. Part-time Seasonal Recreation Assistants— ACTION TO BE CONSIDERED: To approve the hiring of Brittany Patrias, Lauren Hoffman, Mark Burkhardt, Matt Mason, Brad Walker, Michelle Finlon, Elizabeth Anderson and Laura Farlee as part-time seasonal recreation assistants. Item 8. Part-time Seasonal Preschool Teachers-- ACTION TO BE CONSIDERED: To approve the hiring of Megan Wollan, Judith Forde, Jackie Carlson, Amber Geske, Pamela Clarke-Garcia and Barb Mason as part-time seasonal preschool teachers. Item 9. Part-time Seasonal Preschool Teacher's Assistant-- ACTION TO BE CONSIDERED: To approve the hiring of Joan Rodgers as a part-time seasonal preschool teacher's assistant. 1 Agenda Information Memo May 15, 2007 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated May 3, 2007 and May 10, 2007 as presented. ATTACHMENTS: • Check registers dated May 3, 2007 and May 10, 2007 are enclosed without page number. Agenda Information Memo May 15, 2007 City Council Meeting D. APPOINT JASON AKEY TO A ONE-YEAR ALTERNATE TERM ON THE GUN CLUB LAKE WATERSHED MANAGEMENT ORGANIZATION ACTION TO BE CONSIDERED: To appoint Jason Akey to a one year term on the Gun Club Lake Watershed Management Organization (WMO). FACTS: • Jason Akey was appointed to a one-year alternate term on the Gun Club Lake WMO in April of 2006. • Since the City Council made their advisory commission appointments at the May 1, 2007 City Council meeting, and given that a vacancy still exists on the WMO, staff contacted Mr. Akey to inquire whether he was interested in being considered for appointment to the WMO. • Mr. Akey expressed his strong interest in continuing his service and noted that he was unaware that his term was only one year and therefore did not know he had to seek reappointment in 2007. • Mr. Akey is asking the Council to consider appointing him to the one-year alternate term on the WMO. • At this time, the City does not have any other applicants interested in serving on the WMO. • WMO staff liaison Eric Macbeth highly recommended Mr. Akey for the position given his excellent participation over the past year. • If it is the Council's desire, Mr. Akey could be appointed to fill the one-year alternate position on the WMO. ATTACHMENTS: • Enclosed without page number is the application from Mr. Jason Akey, who is seeking appointment to the Gun Club Lake WMO. ~I Agenda Information Memo May 15, 2007, Eagan City Council E. DIRECT THE 2006 ANNUAL FINANCIAL REPORT AND AUDIT FINDINGS TO THE CITY COUNCIL'S FINANCE COMMITTEE FOR A PRELIMINARY REVIEW ACTION TO BE CONSIDERED: To direct the 2006 Annual Financial Report and Audit Findings to the City Council's Finance Committee for a preliminary review. FACTS: • The City is required by State Statutes to have an annual audit of its financial statements and records either by the Office of the State Auditor or by an independent CPA firm. The City currently engages the firm of Kern DeWenter Viere Ltd. to provide these audit services. • Historically, the completed financial report and the audit findings have been presented to the full City Council at a regular meeting in June with the City Council retaining the option to direct a more comprehensive review to its Finance Committee. • For completion of the 2006 and subsequent annual audits certain Generally Accepted Auditing Standards have changed and require a different classification of particular audit findings. • Given the reclassification of these findings, the independent auditors have suggested and staff has concurred that the overall approval process would be best served this year by first discussing the 2006 Annual Report and audit findings with the Finance Committee. This process allows for a more in depth review and also allows time for any follow up activities resulting from direction provided to staff by the Committee. • The City Administrator will work with the Finance Committee and the independent auditors to schedule the Committee meeting in advance of presenting the report and findings to the full Council which is tentatively scheduled for the June 19 regular meeting. ATTACHMENTS: • None Agenda Information Memo May 15, 2007 Eagan City Council Meeting F. AMEND THE 2007 PART II CIP PROVIDING FOR ADMINISTRATION / FINANCE RECEPTION AREA ENHANCEMENTS. ACTION TO BE CONSIDERED: To amend the 2007 Part II CIP providing for Administration / Finance reception area enhancements. FACTS: • On September 26, 2006 the City Council approved the 2007 - 2011 CIP Part 11 Vehicles and Equipment. That approval included $1,783,600 of capital to be financed by the Equipment Revolving Fund in accordance with City policy. • Although not considered in the review at the time of preparation of the Part 112007 - 2011 CI P, it has been determined that customer service could be enhanced and employee productivity improved through a reconfiguration of the Administration / Finance reception area. The City has chosen not to staff this area with a full-time employee who would provide reception services to the walk in public. Instead, available staff seated in the general area has been asked to cover the front counter including the use of a bell to draw attention to the walk in traffic. The bell system has not been well received by the public and responses to the front counter create inefficiencies for employees completing other work at their desk locations. • It is not practical to add staff to meet this reception need and the proposed reconfiguration of the area will position more current employees to be able to be responsive to the front counter with fewer unscheduled/unnecessary interruptions to other work efforts. • The Equipment Revolving Fund Budget (Administration / Finance) is proposed to be increased by $8,500 to accommodate these office area enhancements. Funds are available from the Equipment Revolving Fund Balance to make this amendment and this mid-year adjustment will be taken into consideration as the 2008 - 2012 Part II CIP is prepared for official City Council action. ATTACHMENTS: (None) ~3 Agenda Information Memo Eagan City Council Meeting Consent Agenda May 15, 2007 G. PARTICIPATION IN THE DAKOTA COUNTY CDA COORDINATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING 2008-2010 ACTION TO BE CONSIDERED: To authorize continued participation in the Dakota County CDA coordination of the City's Community Development Block Grant funding for the next three year period (2008-2010). FACTS: • Going back more than twenty years, the City of Eagan has participated in the Community Development Block Grant funding program through an arrangement under which activities are coordinated through the Dakota County Community Development Agency and its predecessor, the Dakota County Housing and Redevelopment Authority. The election to operate under this arrangement is considered for renewal every three years. At this time, consideration of participation for the next three year period is in order. • As a City with a population greater than 50,000 people, Eagan may opt instead to receive CDBG funds directly and coordinate its own programs. To date, staff has not identified reasons for doing so. Under the current arrangement, the City is relieved of substantial compliance and reporting obligations that are instead coordinated by CDA staff. In addition, the CDA compiles applications from participant cities to manage the criteria and thresholds for funding on a County wide basis rather than a city by city one. In this way, the cities in concert can meet the various HUD requirements, even if specific City programs meet only particular aspects of those requirements. • The City does not receive a greater or lesser CDBG allocation whether it chooses to operate under the combined program or individually, but the cities can only participate in the HOME Investment Partnership funds, which have been used in the past for a variety of home improvement programs also coordinated by the CDA. ATTACHMENTS: • CDA correspondence on pages / through 1 l~ Dakota County "ECEIVED CDA Community Development Agency APR 2 0 2007 April 24, 2007 PY: Thomas Hedges, City Administrator City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: PARTICIPATION IN THE DAKOTA COUNTY CDBG PROGRAM ~`o M Dear M@dtes-; Every three years,-the U.S. Department of Housing and Urban Development (HUD) requires urban counties to requalify their entitlement status and participating communities for the numose of awarding Community Development Block Grant (CDBG) and HOME Investment Partnership Program funds. Dakota County has qualified as an urban county and has received an annual allocation of CDBG funds since 1984. As you will see on the attached summary, CDBG-funded activities have been a key element to keep our communities strong and vibrant. The successful use of these funds is due to the active involvement and support from local government. We hope to continue this partnership. As a city with a population over 50,000, HUD classifies Eagan as a "metropolitan city". With such a classification, Eagan is eligible to receive its own CDBG entitlement allocation but not a HOME allocation. To date, Eagan has chosen to defer its status as a metropolitan city and remain a part of Dakota County's urban county classification. The City needs to make a choice again for the next three year period of 2008-2010. If you choose to remain a participant of Dakota County's CDBG and HOME programs, Eagan would continue to be eligible for funding through the Dakota County CDA. Whether the City chooses to defer or accept their metropolitan city entitlement status it must notify in writing both the Dakota County CDA and HUD Field Office no later than May 25, 2007. Notice to the HUD Field Office should be addressed to 920 South 2°d Avenue, Suite 1300, Minneapolis, MN 55402. Attached is a sample letter you may use to defer your metropolitan city status if you choose that route. If you have any questions regarding this process or the CDBG and HOME programs, please feel free to contact Dan Rogness at (651) 675-4464. Sincerely, N kj/ Mark Ulfers Executive Director 1228 Town Centre Drive • Eagan, MN 55123-1066 tel 651-675-4400 9 fax 651-675-4444 , 2007 U.S. Department of Housing and Urban Development 920 South Second Street, Suite 1300 Minneapolis, MN 55402 Mark Ulfers Dakota County CDA 1228 Town Centre Drive Eagan, MN 55123 RE: DEFERRAL OF METROPOLITAN CITY ENTITLEMENT STATUS CONTINUANCE IN THE DAKOTA COUNTY CDBG PROGRAM Dear ; The City of has chosen to defer its Metropolitan City Entitlement Status for the federal fiscal years 2008 through 2010. The City has chosen to remain a participant of the Dakota County Urban County for both CDBG and HOME funding. Our city has worked closely with Dakota County and the CDA for many years, and we continue to value that cooperative arrangement. Many worthwhile housing and community development activities have been accomplished here, and we look forward to achieving more successes during the next 3-year period. We also understand that our continued participation with Dakota County strengthens the connection between all cities and townships within the county. If you have any further questions, please don't hesitate to contact at Sincerely, I ~L./ Community Development Block Grant Program Dakota County, Minnesota Community Development Block Grant CDBG Allocation by Activity (CDBG) funding is distributed by the U.S. 2002-2006 Department of Housing and Urban Develop- other ment (HUD) to Urban Entitlement Grantees 4% Public Facilities throughout the country. Dakota County be- 6% came an entitlement grantee in 1984. In 22 Commercial Years the CDA has administered over $39 Rehab million in CDBG funding in Dakota County. s% The largest single program funded by CDBG Housing is the Housing Rehabilitation Loan Program. Rehabilitation This program provides low- and moderate- 43% income homeowners with loans up to $25,000 to make improvements to their homes. Approximately 100 homes in Dakota County are improved each year through this program. Loan payoffs are recycled and used to fund new applications. The CDBG Program allows local government Amount agencies to fund projects and activities that Activity Type Funded % of benefit low- and moderate-income persons or eliminate slum and blight conditions. 2002-loos Funding Each city and township in Dakota County Rehab (housing) $3 644,587 42% that is eligible to receive CDBG funds sub- Ac uisition/Clearance $2 573,556 30% mits an annual application to the CDA. Eli- Public Services $1,001,396 12% Bible programs and activities include acqui- Rehab commercial $539,692 6% sition or disposition of real property, reloca- Public Facilitieslim . $488,354 6% tion, public facilities and improvements, Other* $362,517 public services, housing rehabilitation, TOTAL** $9,921,425 100% homeownership assistance, code enforce- ment, economic development and planning. *Planning, Homeownership Assistance & Relocation "Administration/Planning is not included. CDBG Funding 1997-2007 Fast Facts about CDBG g It Dakota County v o o ° o° o °o 0 0 • Dakota County's ° °o ° ° o a°o o° U) C) CDBG funding has LO C6 t ui o N o 0 0 to N (D decreased by 17% over Vi Cli the past five years. o? N N C4 C a? u) co 64 r- ~ Funding has been reduced six of the last ten years. • Dakota County Population: 391,558 (2005 estimate) • 21 cities and 12 townships in Dakota County participate in 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 the CDBG Program. 11-1 CDBG Funding At Work in Dakota County LAcquisition, Demolition Et Infrastructure Improvements CDBG helped to redevelop this block in West St. v , Paul. The block is t -r now home to a 59 gi ti. li+ E . _ u unit affordable n a - ® : e ia~G 0 senior housing development and 6,600 square feet of ground level T - commercial space. Revitalizing • Preserving Historic Downtowns , r urrurru J JJJJ7Jl . " a • n5orn- - Ben Franklin in downtown Lakeville The Exchange Bank Building in The Holland Building in North- received a CDBG grant for a new Farmington (originally built in field was constructed in 1884. fagade. The storefront complements 1880) was rehabilitated using CDBG funds were used to assist adjacent structures and echoes tradi- CDBG funds. The building has with building renovation which tional downtown architecture. two street-level commercial now houses commercial busi- businesses. nesses. Housing Rehabilitation New Playgrounds BEFORE AFTER V, r kt q i c Several cities in Dakota County have used CDBG to build new playgrounds. These homes were rehabilitated through the Dakota • • - questions about County Housing Rehabilitation Loan Program. Eligible Dakota County's CDBG Program, homeowners can receive a loan up to $25,000 to make • ' • • _ 675-4464. improvements to their homes; most loans are 0~ de- ferred. /F? Agenda Information Memo May 15, 2007, Eagan City Council H. EXTENSION OF FINAL SUBDIVISION APPROVAL (MARIAN ADDITION) ACTION TO BE CONSIDERED: To approve a 90-day extension of the Final Subdivision approval for Marian Addition, to create two single-family lots upon 1.8 acres of land located at 4365 Capricorn Place in the NE 1/4 of Section 27. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The City Council approved the Final Subdivision on January 16, 2007. ➢ The City Council approved a 60-day extension of the Final Subdivision on March 20, 2007. ➢ The applicant is requesting a 90-day extension of the Final Subdivision approval due to delays from the mortgage company. ➢ A letter from the applicant's engineer is attached. ATTACHMENTS (1): Letter from Hedlund Engineering, page 26 19 HEDLUND Planning Engineering Surveying May 9, 2007 Julie Strid City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Marian Addition Dear Julie, We would like to request a 90 day extension for final plat approval for the Marian Addition. The reason we are requesting an extension is to complete the financing process. If you should have any questions, feel free to give me a call. Sincerely, Teresa Keller direct: (651) 203-6627 teresa@hedlundeng.com 2005 Pin Oak Drive • Eagan, Minnesota 55122 - Telephone (651) 405-6600 • Fax (651) 405-6606 2~ Agenda Information Memo May 15, 2007, Eagan City Council 1. EXTENSION OF FINAL SUBDIVISION APPROVAL (TERRA GLENN LOFTS) ACTION TO BE CONSIDERED: To approve a 30-day extension of the Final Subdivision approval for TERRA GLENN LOFTS, to combine two existing lots into one property legally described as Lot 1, Block 1, Terra Glenn Lofts, in the NW 1/4 of Section 16. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The City Council approved the Final Plat on March 6, 2007. ➢ The applicant is requesting a 30-day extension of the Final Plat approval due to a County request for an easement vacation. ➢ A letter from the applicant is attached. ATTACHMENTS (1): Letter from Yankee Doodle Properties, Inc., page 2~i YANKEE DOODLE PROPERTIES, INC. 12415-55 1h Street N. Lake Elmo MN 55415 May 8, 2007 Ms. Julie Strid, Planning Assistant CITY OF EAGAN 3830 Pilot Knob Road Eagan MN 55122-1897 Re: Final Plat - Terra Glenn Lofts Dear Ms. Strid: Yankee Doodle Properties, Inc. ("Applicant') respectfully requests a 30-day extension of time to record the final plat of Terra Glenn Lofts with Dakota County. In the course of obtaining approval from Dakota County on the proposed plat, our surveyors, James R. Hill, Inc., were informed of an error in the legal description of an old, 2003 drainage easement under the right-of-way of 81s' Street that the County requested be "cleaned up" as part of the plat of Terra Glenn Lofts. Accordingly, our surveyors have drafted a petition to vacate that easement that will be submitted shortly for the City's consideration. The County had requested that some evidence of that submission be supplied at the time of recording. Because we are not fully prepared to submit the vacation request, we humbly request this extension of time to file the plat. A check for $75.00 is enclosed for this extension. We appreciate your consideration of this extension. Please call Joel Larson or me at (651) 4539-2414 if you have any questions. Sincerely, Dwight S. Harvey, fo Yankee Doodle Properties, Inc. Enclosure D MAY 0 9 2007 Z~ Agenda Information Memo May 15, 2007 Eagan City Council Meeting J CONTRACT 07-03, 2007 STREET SEALOCATING ACTION TO BE CONSIDERED: Award Contract 07-03 (2007 Street Sealcoat) to Pearson Bros, for the base bid in the amount of $414,423.90 (no Polymer and excluding Cul-de-sac circles), and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City participated in the Joint Powers Purchasing Agreement incorporating 8 "south of the river" communities again in 2007 for competitive bid solicitation of.pavement maintenance contractual services (sweeping, striping, sealcoating, pavement markings, etc). • When the sealcoat bid specifications were prepared by the consortium, only one option was included for competitive bids: a sealcoat emulsion that contained a polymer additive for additional strength. The City of Eagan had experimented with this alternative in the past and has not seen any noticeable benefit in wear or pavement protection to date. Staff believed that the "Polymer" option resulted in an unacceptable higher unit price when compared to last year using our standard sealcoat spec. (2007 = $0.855/sy vs. 2006 = $0.65/sy; +31.5%) • In order to determine how much of the unit price increase was attributed to this polymer additive; Eagan staff proposed a separate bid solicitation for just Eagan needs (with and without a polymer). Also, due to the number of concerns expressed to the Council regarding the instability of past sealcoat applications within the circle of cul-de-sacs (cds), staff wanted to see if there were any benefits to solicit bids omitting these high stress areas of cul-de-sacs. These are the areas that receive the greatest "abuse" from low speed turning movements resulting in longer curing times and related complaints of loose aggregates and sticky "tar covered rocks". • On April 17, 2007, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 07-03 requesting comparative bids for two alternative sealcoat materials (with & without polymers) and two alternative applications (with & without the cds circles). • On May 8, formal bids were received for all 4 options. The polymer additive bid was $0.09/sy more than without this additive resulting in an additional contract cost of $45-50,000 (the range reflects the different quantities of omitting vs. including the cds circles). Interestingly, the low bidder also provided an overall unit price reduction of 4¢/sy if the cds circles were not included in the bid award. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The Public Works Department does not believe that there currently is sufficient history or cost/benefit analysis to justify the inclusion of the Polymer additive option at this time. Also, the PW Dept. would like to evaluate the option of deleting the circle portions of cul-de-sacs for this year's program, especially with the significant overall increase in unit prices due to the high price of oil. ATTACHMENTS: • Bid Summary, page 2_3 C)0 ti 00 co w 4 06 0 U ~ Cl) co NIq f0 Lo co rn LD ICT Lo U) H L o o co r- Co U U O 0) O O N O r r V1 0.. r Q C D co Nr O O U) (0 N U O N - CND M V ti CD N O LO Lf) 69 N 6 _N U O O Q a O p r r C o r` Co 0) g OD CA N t` 00 CLA 0 co Cf) co Cl) LO It U c v co t(DD (°D M fD C -1 N C6 yM9 t It I-* 9 ~ 6LO9 _ H ° 6 O U ((D N Cfj LO 0 ` 'C Oo C.0 CT q O CC rl O O O O d w rZ C C O c6 r V 0) co rn M Cl) ao Cl) D ti V N O o o ~ co CO 0) p c in cn cn U') U') 4-0 I` N `7° 0 CD 0000 U cV co Lo y dJ Cn ui Cn C 6 iS 0 CS ZT N y N U N n i-i O ~ U U c CC d _ O V] C ) N a> = N .b u U U w 00 _ o _ w ° = y 3,n m a - a~ d V d y w o 0 a s U 33 33 ~o N N N o 2 Agenda Information Memo May 15, 2007 Eagan City Council Meeting K. LOT 2, BLOCK 1 UNISYS PARK ADDITION (UNISYS CORP) EASEMENT VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate a portion of a public drainage and utility easement within Lot 2, Block 1 Unisys Park Addition, and schedule a public hearing to be held on June 19, 2007. FACTS: • On April 20, 2007, City staff received a petition from Donald Schlafer representing Unisys Corporation, requesting the vacation of a portion of existing drainage and utility easement within Lot 2, Block 1 Unisys Park Addition, at the southwest corner of the intersection of Pilot Knob Road and Towerview Road. • The drainage and utility easement was originally dedicated for a water main loop within the development serving only the Unisys Building. • The purpose of the request is to allow the expansion of facilities at the existing Unisys Corporation building. The existing water main will be relocated and replacement easements will be provided by the property owner via easement document. • Notices for a public hearing will be published in the legal papers and sent to all potentially affected and/or interested parties for comment prior to the scheduled public hearing. ISSUES: • The watermain in question is part of a larger loop of an existing service to only the Unisys facility and serves no public purpose or benefit. Staff will meet with the applicant to discuss the opportunities to vacate all of the public easements incorporating this watermain and turn the facility over to Unisys for their perpetual maintenance responsibilities. ATTACHMENTS: 2t~ • Location Map, page . • Utility location plan, page. MENDOTA HEIGHTS INTERSTATE /4E4 Q 0 O Proposed Vacation W 4 Unisys Park z H ' LONE 0 OAD CL LONE Of Z mss. ~ s F-j J YANKEE DOODLE ROAD ~4 MFSCOTT RD. SILVER BELL RD. j ¢ W UQ Ci M Unisys Park City of Eap April 23, 2007 Proposed Vacation - Location Map Engineering Department ~2 1,9 TOWERVIEVV ROAD' 44 i~ t ~ ~ ~ G4 r• ~k .~h r~'f ,y(, ~y..YY`'.4.~ ;.,~t ~ ~~l' o~ h P ..a 1 ♦y tei~ t- r~f ri !f~ ~•~~~P,^`tt4L~Pl Ctt( ~ ~t ' \ u Qf' RT (3 T2 _ (~I~r~.J 3199 Cl Lot 2 EIol Fk 1, Unisys Park r,, s Q ~ L << may, o , _ , r~, rr x x ~`i, AK, \ r EXISTING WATERMAIN SYSTEM: ' r ~2 Agenda Information Memo May 15, 2007 Eagan City Council Meeting L. LOT 1, BLOCK 1 SAFARI AT EAGAN 3RD ADDITION EASEMENT VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate a portion of a public drainage and utility easement within Lot 1, Block 1 Safari at Eagan 3rd Addition, and schedule a public hearing to be held on June 19, 2007. FACTS: • On May 7, 2007, City staff received a petition from Dan Miller of Miller Architects & Builders, requesting the vacation of a portion of an existing drainage and utility easement within Lot 1, Block 1 Safari at Eagan 3rd Addition, at the northwest corner of the intersection of Cliff Road and Thomas Center Drive. • The drainage and utility easement was dedicated as part of the Safari at Eagan 3rd plat for ponding and general utility purposes. An 18" storm sewer pipe is located in this general area. • On April 4, 2007, the City Council approved a Planned Development Amendment and Final Planned Development to allow one pylon sign in southeast comer of the property. • A condition of this Council approval required a petition to vacate a portion of the easement area on Lot 1 prior to the recording of the Planned Development Agreement and issuance of the sign permits. • The purpose of the request is to allow the property owner to construct the pylon sign as indicated in the presentation to the City Council at the April 4 meeting. • Notices for a public hearing will be published in the legal papers and sent to all potentially affected and/or interested parties for comment prior to the scheduled public hearing. ATTACHMENTS: • Location Map, page • Easement Vacation Exhibit, page 3 2~ 4 a 4S.LVERSELL Q U m W Q Z EERWO DRIVE O O Z p X Q W O J co O Z DIFFLEY ROAD Y O J CL h z z o ~Q SOP ~b Y Q r J Y ao Y 0 O s2 > g CUFF ROAD CLIFF ROAD m PROPOSED EASEMENT VACATION 0 p o a o u a m U O Z Q Z Y l ebanOn Hills o o Regional Pa ce d Apple Valley -J~ - Proposed Easement Vacation City of Eagan Lot 1, Block 1, Safari at Eagan 3rd. 5/08/07 Engineering Department Location Map I ~ I I 70.00 S89'33'58"E 352.68 p 161.389 DRAINAGE & UTUTY EASEMENT.; i d ID S89'33'S"E c PER PLOT ! VL f% I ~ 737.07 - Q I S69.33'S8'E 60 w I _ / DRAINAGE do U1L7Y EASEMENT 00 PER PLAT o° v o r eta r 7,A>w I a~ 46'24'00' Z R = 204.99' L ~ 166.07' BEARING N2.T ~~G y~Oy Cl~l LENGTH ~ 161.' Lij ~-IN" 5 ~~0 I j o I P~ co oml t I Z ~mI ~ I I 3I w t NIo PROPOSED AREA NIN Cl) TO BE VACATED ,~9..58,W LI t0 0 .--7 3 10 I N89.33'SfiIT ~ i - 119.37 - - - - t o I Np DRAINAGE & L7T1' EASEMENT N6 600 8"W I PER PLAT r. 277.64 N89'33'58"W j~ 6D I 6.OO..r: ...N8973SBYl 1. (CLIFF RD.) C.S.A.H. NO. 32 s893356e~ f~ - I CLIFF ROAD SOUTH UNE OF LOT , I I 0 0. Proposed Easement Vacation Ivity of Man Lot 1, Block 1., Safari at Eag d. 5/08/07 Engineering Department Agenda Information Memo May 15, 2007 Eagan City Council Meeting M. PROJECT 951, SOUTH DODD ROAD SANITARY SEWER LIFT STATION IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the draft feasibility report for Project 951 (South Dodd Road - Lift Station Improvements) and schedule a public hearing to be held on June 19, 2007. FACTS: • On March 6, 2007, the City Council received a petition from Mark Pieper, property owner and developer of the proposed Dodd Parkside development, and authorized the preparation of a feasibility report identifying the scope, cost, financing and schedule for the proposed utility improvements. • One of the conditions for approval of the proposed single-family preliminary subdivision will be the Council approval of a public improvement project and award of a contract for the construction of a lift station to serve the development and the surrounding area. • An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for Tuesday, June 19, 2007. ISSUES: • The proposed Dodd Parkside Addition is a "leap frog" development requiring the extension of utilities adjacent and through existing undeveloped large acreage property resulting in larger than normal assessments and acquisition of easements, possibly requiring condemnation. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. X31 Agenda Information Memo May 15, 2007 Eagan City Council Meeting N. DEVELOPMENT ACCEPTANCE & MAINTENANCE AUTHORIZATION - CITY PROJECT 05-E (Sweet Place) ACTION TO BE CONSIDERED: Acknowledge the completion of improvements for City Project No. 05-E (Sweet Place) under terms of the Development Agreement and authorize perpetual City maintenance subject to warranty provisions. FACTS: • Sweet Place is a single-family residential development located off of Highway 3 north of Fitz Lake in the southeast corner of the city. This development required the installation of public sanitary sewer, water main, storm sewer, and street improvements, along with grading, which were all performed privately by the developer under the terms and conditions of the development contract agreement. • The improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action for acceptance for perpetual maintenance subject to warranty provisions. Agenda Information Memo May 15, 2007 Eagan City Council Meeting 0. JUNE - LAKES APPRECIATION MONTH ACTION TO BE CONSIDERED: Proclaim June, 2007, as Eagan Lakes Appreciation Month and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Eagan is blessed with more than 350 lakes and ponds offering abundant recreational opportunities and aesthetic enjoyment for Eagan residents, employees and visitors. These amenities also can have a positive affect on adjacent property values. • Lakes, ponds, and wetlands are affected by nutrients, such as phosphorus, sediment from erosion and various pollutants carried in storm water and runoff. All of these factors may impact aquatic vegetation and the sustainability of wildlife by impairing water quality. Impaired water quality diminishes the positive attributes of these water bodies. • City residents and businesses play essential roles in protecting lakes' aquatic habitat and recreational value by keeping fertilizers, grass clippings and leaves, and other pollutants from entering storm drains that connect to these lakes. • The City Council proclaimed June 2005 as the first Eagan Lakes Appreciation Month to encourage residents and businesses to do all they can to keep Eagan lakes clean by keeping fertilizers out of storm sewers, by picking up nearby trash, and by protecting these treasured water resources. This proclamation was repeated in 2006. • An annual proclamation of Eagan Lakes Appreciation Month expresses appreciation for these past efforts to protect and improve lake water quality within the City of Eagan for the enjoyment of the residents of the city and region and would encourage additional efforts by residents and businesses, such as holding clean-up days at their nearest water body. ATTACHMENTS: r' • Proclamation, page . CITY OF EAGAN PROCLAMATION EAGAN LAKES APPRECIATION MONTH June 2007 WHEREAS, Eagan has more than 350 lakes and ponds; and WHEREAS, Eagan residents and visitors derive numerous recreational opportunities to canoe, fish, and swim in these lakes; and WHEREAS, still others enjoy walking and observing wildlife near these water bodies; and WHEREAS, City residents play an essential role in protecting lakes' aquatic habitat and recreational value by keeping fertilizers, grass clippings and leaves, and other household pollutants from entering storm drains that connect to these lakes; and WHEREAS, in 1990 the City Council adopted a surface water quality management plan, making it one of the first Minnesota cities to do so; and WHEREAS, Eagan's water quality management program has been nationally recognized; and WHEREAS, the City has produced a State of the Lakes report for citizens regarding its seven Class I lakes; and WHEREAS, the City is updating its water quality management plan to address efficiently and effectively the issues and needs of its surface water resources for the next 10 years. WHEREAS, the North American Lake Management Society is urging localities nationwide to declare a Lakes Appreciation Month this summer; and WHEREAS, Eagan's Water Resource staff has deemed June to be a favorable month to hold such an observance every year; and WHEREAS, an Eagan Lakes Appreciation Month would be a good time to encourage residents or businesses to hold clean-up days at their nearest water body; and WHEREAS, the City Council proclaimed June 2005 as the first Eagan Lakes Appreciation Month; NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council hereby proclaims June 2007 as Eagan Lakes Appreciation Month and urges residents to do all they can to keep Eagan lakes clean by keeping fertilizers out of storm sewers, by picking up nearby trash, and by protecting these treasured water resources. Motion made by: CITY OF EAGAN Seconded by: CITY COUNCIL Those in favor: Those against: Dated: By: Its Mayor Attest: Its Clerk CERTIFICATION I, Maria Petersen, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this -day of , 2007. Maria Petersen, City Clerk 31 Agenda Information Memo May 15, 2007 Eagan City Council Meeting P. JOINT POWERS AGREEMENT FOR TRAFFIC SIGNAL MAINTENANCE WITH THE DAKOTA COUNTY ACTION TO BE CONSIDERED: Approve a Joint Powers Agreement (JPA) with Dakota County to provide maintenance services on City owned and operated traffic signals. FACTS: • There are 68 traffic signal systems operating in the City of Eagan. The Minnesota Department of Transportation and/or the Dakota County Transportation Department maintain 65 of them. The City is responsible for maintenance of three (3) signals located entirely on local city street intersections. • Under the terms of this JPA, Dakota County would provide basic maintenance services on these three (3) signals for a set annual payment of $1,500/signal system. This cost has been tentatively included in the 2007 budget. • The Agreement has been reviewed by the Public Works Department and City Attorney's office and found to be in order for favorable Council action. 35 Agenda Information Memo May 15, 2007 Eagan City Council Meeting Q. NORTHWOOD PARKWAY NO PARKING ACTION TO BE CONSIDERED: Approve a resolution to prohibit parking on Northwood Parkway between Pilot Knob Road and Denmark Avenue and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City of Eagan is completing the final design for Northwood Parkway, including the overpass of Interstate 35E, between Pilot Knob Road and Denmark Avenue. The completion of the plans and specifications will enhance the opportunities for the acquisition of outside funding sources. • It is desirable for the City to obtain the use of Municipal State Aid funding to reimburse the construction costs of the proposed new street construction. • The proposed design of Northwood Parkway meets the State Aid standards for a major collector without on-street parking. • Minnesota Rules Chapter 8820 (State Aid standards) requires the prohibition of parking on all State Aid designated roadways where parking lanes are not provided. ATTACHMENTS: y • Resolution, page / ~~_J T CITY OF EAGAN A RESOLUTION RELATING TO PARKING RESTRICTIONS ON NORTHWOOD PARKWAY THIS RESOLUTION, passed this 15th day of May, 2007, by the City of Eagan in Dakota County, Minnesota. The Municipal corporation shall hereinafter be called the "City", WITNESSETH: WHEREAS, the "City" has planned the improvement of Northwood Parkway from the intersection of Pilot Knob Road (CSAH 31) to Denmark Avenue in the City of Eagan, Minnesota; and WHEREAS, the "City" will be expending Federal and Municipal State Aid Funds on the planned improvement of Northwood Parkway; and WHEREAS, this planned improvement does not provide adequate width for parking on both sides of the street; and approval of the funding for the proposed construction of the project must therefore be conditioned upon certain parking restrictions. NOW, THEREFORE, IT IS HEREBY RESOLVED that the "City" shall ban the parking of motor vehicles on both sides of Northwood Parkway from Pilot Knob Road (CSAH 31) to Denmark Avenue at all times. DATED this 15th day of May, 2007. Mike Maguire, Mayor ATTEST: Maria Petersen, City Clerk CERTIFICATION State of Minnesota County of Dakota City of Eagan I hereby certify that the foregoing Resolution is a true and correct copy of a Resolution presented to and adopted by the City Council of Eagan at a duly authorized meeting thereof held in the City of Eagan, Minnesota, on the 15th day of May, 2007, as disclosed by the records of said City in my possession. Maria Petersen, City Clerk G:RESOLUTIONS - State and County/No Parking/Northwood Parkway 37 Agenda Information Memo May 15, 2007, Eagan City Council R. ACCEPT RESIGNATION OF BILL RAKER FROM THE BURNSVILLE EAGAN TELECOMMUNICATIONS COMMISSION. ACTION TO BE CONSIDERED: Accept, with thanks for his many years of service, the resignation of Mr. Bill Raker, an Eagan representative to the Burnsville Eagan Telecommunications Commission, and direct staff to send a letter acknowledging his many contributions as previous Chair of the Commission. FACTS: • On April 24, 2007, Mr. Bill Raker submitted his resignation as a BETC commissioner. • Mr. Raker has served on the Commission since January, 2000 and has previously been its Chair. • Mr. Raker advocated for BECT and local franchising authority in guest editorials, by visits to Eagan's Congressman, and by his firm, but even-handed oversight of the cable company to ensure franchise requirements were met and customers were served and their problems solved. • His company has also been a sponsor of community television programming. • In 2004, Raker and his colleagues pressed the Minnesota Twins and Comcast to solve their differences to get the team's baseball games back on TV, resulting in the Burnsville Eagan Telecommunications Commission being named cable commission of the year by the Minnesota Association of Community Television Administrators. • Given the reclassification of these findings, the independent auditors have suggested and staff has concurred that the overall approval process would be best served this year by first discussing the 2006 Annual Report and audit findings with the Finance Committee. This process allows for a more in depth review and also allows time for any follow up activities resulting from direction provided to staff by the Committee. • Mr. Raker sites increasing travel demands related to his business as the need to resign, but offers his continued help and advocacy. ATTACHMENTS: • Letter of resignation 3~ BETC Resignation Page 1 of 1 Tom Garrison From: Bill Raker [Bill.Raker@usfed.org] Sent: Tuesday, April 24, 2007 9:31 AM To: Tom Garrison Subject: BETC Resignation Mayor Eagan City Council Tom Garrison BETC Commission Herewith I am submitting my resignation from the BETC Commission effective with the May 23, 2007 meeting of the Commission. Over recent months, the time demands of my business have intensified and the frequency of my out-of-town travel has increased resulting in my having to miss several Commission meetings. My absence from the meetings is not fair to the community nor to the Commission. My sincere thanks to the Mayors and City Councils I have served under, and to the Commissioners I have been honored to serve with, and to the capable and dedicated staffs who support us and bring us great Community Television programming. After having served some nine years as a Commissioner from Eagan, I take my leave hoping I have made some meaningful contributions to the Eagan and Burnsville communities. We can rightfully be very proud of our accomplishments in Community Television. I wish the cities, the Community TV staff, and the Commission continued success. While not continuing as a Commissioner, I gladly offer to support the efforts of the Commission in whatever ways I can. Sincerely, Bill Raker 5/11/2007 Agenda Information Memo May 15, 2007, Eagan City Council Meeting S. FINAL PLAT & FINAL PLANNED DEVELOPMENT - LOT 1 BLOCK 1 WEST PUBLISHING CO.7 ADDITION (THOMSON-WEST) ACTIONS TO BE CONSIDERED: To approve a Final Plat (Lot 1, Block 1, West Publishing Co 7th Addition) that combines two platted parcels into one lot located at 610 Opperman Drive in the NW `/a of Section 13. To approve a Final Planned Development to allow expansion of the campus data center operation located at 610 Opperman Drive in the NW '/a of Section 13. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The City approved a Planned Development for West Publishing in 1990. The Planned Development assumed the current business operations as well as anticipated expansions. ➢ Thomson West is proposing to expand its campus to construct additional data center space that will house technology platforms required for the continued growth of the campus business operations. The Final Planned Development acknowledges as many as four additional data center modules; however, the initial phase will be one module with future expansion occurring as required. ➢ Although final drawings will be submitted with the Building Permit application, the expansion will match existing facilities in relation to design and materials. ➢ Because the data center expansion will cross an existing property line, both lots (Lot 2, Block 1 and Outlot E of West Publishing Co. 4`h Addition) are being replatted into a single parcel to be legally described as Lot 1, Block 1, West Publishing Co. 7t' Addition. ➢ The Final Planned Development Agreement has been executed by the owner and is in order for execution by the City Council. ATTACHMENTS: (3) Plat drawing on page L4 I Narrative on pages through 4'~!> . Expansion plan on page T4 (4 ~s h T51 hh J J / a o x i a h 4 r % ---i- Aft 6N `1 ~ t p f F d a r ~ f Thomson IF HOMSON 610 Opperman Drive 3~E M Eagan, MN 55123 Tel 651-687-7490 Fax 651-687-5718 tom.walrath@thomson.com www.thomson.com April 2, 2007 Mike Ridley City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: Thomson 610 Opperman Drive Eagan, MN 55123 Building F Data Center Expansion Dear Mike: The following is a summary of the Project Plans being submitted for the final Planned Development associated with the above noted Project. This project will provide the facility and related infrastructure to support the technology platforms required for the continued growth of our business. The Data Center facility is being designed to be expandable in a modular fashion. The data center modules will be added as future business needs dictate. Site Survey: • A hard copy and electronic copy of a recent survey is provided as required. Campus Site Plan: • Preliminary site plans for proposed expansion to Building F and its' relationship to the existing Campus structures are enclosed. Final drawings will be submitted at the time of Building Permit Application. The initial phase of this project will be one module, future expansion will occur as required. Ultimately, it is possible that as many as four (4) additional data center modules could be added to the current site. Exterior Lighting Plan: • The exterior lighting plan will be submitted at the time of Building Permit Application. Site lighting will be similar to and in context with the existing light fixtures and lighting pattern & levels. Building Plans and Elevations: • See drawings A-1.01 & A-2.01 for preliminary building addition plans and elevations. Exterior building materials will be the same as the existing building and in keeping with overall campus architecture. The building will bermed in the same manner as existing structure. Final building plans will be submitted at the time of Building Permit Application. Grading/Drainage and Erosion control Plan • See drawing C-2.01 for schematic grading drainage and erosion control design. The final plans will be submitted at the time of Building Permit Application. The final plans will be in keeping with all applicable codes and requirements. 4 2 RECEIVED APR 0 9 2007 Utility & Street Plan: • See drawing C-3.01 for preliminary paving and utility plan. Final plans will be submitted at the time of the Building Permit Application. Final Landscape Plan: • Final landscape plans will be submitted at the time of the Building Permit Application. Landscaping will be in-keeping with the existing Campus landscaping design. Tree Preservation Plan: • A Tree Preservation Plan will be submitted at the time of the Building Permit Application. Currently a site survey is in progress which will identify any trees that will be impacted by the building expansion. The future Tree Preservation Plan will be in-keeping with the City of Eagan standards and requirements. Wetland Inventory/Replacement Plan: • A wetland inventory has recently been completed for this area of our property. There are no wetlands that will be impacted by this potential expansion. One copy of the Wetland Delineation Report is provided for review. I look forward to working with you on this project. If there is any additional information required, please contact me at (651) 687-7490 or via email at tom.walratho_thomson.com Si rely, Tom Walrath Sr. Director Facility Management 3 O a p~~ ~ < ~ U m U ~ O I d YYY R a ~ ~ ~ tj Zj u _ O Z O O% O W a i ~ m v ~ ~ a va a H ~n o° a~ 8 ~ ti. 0 0 N QJ C` OL Q \ W U) LU LLS qq1 ~ LL \ Y Q ~•e r r , a r _ N V , V , u a r~ CJ W Ul V J In W W ~ H J W (D W Z w ZU zo F- D O W U) c a Q w LL Cn z ~a r ~ Q W ® O CD ~w YIY C4K'1 (per '~mo'+194 m3ww~mpLLpp2WrL~3~~T,KnYdaM~ Agenda Information Memo May 15, 2007 City Council Meeting T. AFFIRM THE OPINION OF THE CITY ATTORNEY PERTAINING TO THE REIMBURSEMENT OF EAGAN CHARTER COMMISSION EXPENSES ACTION TO BE CONSIDERED: To affirm the opinion of the City Attorney pertaining to the reimbursement of Eagan Charter Commission expenses. FACTS: • The City Council recently asked the City Attorney to review the Minnesota State Statute pertaining to compensation and expenses of Charter Commissions. • Upon reviewing Minnesota Statute 410.06, the City Attorney concluded that that "the City of Eagan may reasonably determine that the requirement to pay up to $1,500 of Charter Commission expenses relates solely to the payment of an attorney or other personnel compensation for assisting in the framing of a charter and/or costs associated with the publication of the charter." • The Council directed that an affirmation of the City Attorney's position be included on the May 15, 2007 City Council meeting agenda. ATTACHMENTS: • Enclosed on pages Iko through 41- is a memorandum from City Attorney Dougherty pertaining to his interpretation of Minnesota State Statute 410.06. 415 SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. TO: Tom Hedges, City Administrator FROM: Michael G. Dougherty, City Attorney DATE: April 30, 2007 RE: Charter Commission Expenses Our File No. 206-18481 Minnesota Statutes § 410.06 reads as follows: 410.06 COMPENSATION; EXPENSES. The members of such commission shall receive no compensation, but the commission mqy Mploy an attorney and other personnel to assist in framing such charter, and any amendment or revision thereof, and the reasonable compensation and the cost of printing such charter, or any amendment or revision thereof, when so directed by the commission, shall be paid by such city. The amount of reasonable and necessary charter commission expenses that shall be so paid by the city shall not exceed in any one year the sum of $10,000 for a first class city and $1,500 for any other city; but the council may authorize such additional charter commission expenses as it deems necessary. Other statutory and charter provisions requiring budgeting of, or limiting, expenditures do not apply to charter commission expenses. The council may levy a tax in excess of charter tax limitations to pay such expenses. (emphasis added) As you will note, the second sentence of the Section references the amount of $1,500.00 for payment by the city of reasonable and necessary charter commission expenses. The first sentence of the section provides authorization for the commission to employ an attorney and other personnel to assist in framing the charter and further provides that the reasonable compensation when so directed by the commission shall be paid by the city. Inquiry has been made to our office as to whether it is a reasonable interpretation of the statute that the $1,500.00 amount noted in the second sentence is limited for payment of the expenses identified in the first sentence. In our opinion, the answer is yes. April 30, 2007 Page 2 The interpretation of statutes is governed by Chapter 645 of the Minnesota Statutes. Minn. Stat. § 645.08 describes the canons of interpretation used in governing the construction of statutory language. Subparagraph 3 of Section 645.08 states that ..."general words are construed to be restricted in their meaning by preceding particular words..." In the cases discussing this canon, it has been held that: where, in a statute, words particularly designating specific things are followed by words of general import comprehensively designating things, the latter are generally to be regarded as comprehending only matters as those particularly stated. Section 410.06 specifically provides that the commission may employ an attorney and other personnel to assist in framing the charter and that the reasonable compensation, together with the cost of printing such charter, when so directed by the commission shall be paid by the city. It seems clear that the use of the term reasonable compensation relates solely to the employment of an attorney and other personnel. Arguably, what is reasonable compensation is left to the discretion of the commission. Following the specific language designating the expenses a commission may incur is the general language designating that the amount of reasonable and necessary charter commission expenses to be paid by the city shall not exceed $1,500.00. It is a reasonable position that the legislature intended that the amount of reasonable and necessary expenses to be paid by the city relate back to the specific identified expenses which the charter commission may incur, i.e. employment of an attorney and other personnel together with costs of printing. Such an interpretation would be in keeping with the rules of construction as set forth in Chapter 645 of the Minnesota Statutes. Under such analysis, the City of Eagan may reasonably determine that the requirement to pay, up to $1,500.00 of charter commission expenses relates solely to the payment of an attorney or other personnel compensation for assisting in the framing of a charter and/or those costs associated with the publication of the charter. MGD/jlt Agenda Information Memo May 15, 2007 Eagan City Council Meeting U. VERIZON CELLULAR ANTENNAE LEASE AMENDMENT (SOUTHERN LAKES WATER TOWER) ACTION TO BE CONSIDERED: Approve an amendment to the existing lease agreement with Verizon Wireless and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On November 28, 2001, the City entered into a lease agreement with Verizon Wireless for the installation of cellular antennae on the Southern Lakes Water Tower. • Verizon has requested additional land space (11'x16') to accommodate an emergency backup power generator next to their existing ground support facilities. The amendment provides for an additional $300 per month in rent revenues. • The amendment has been reviewed by representatives of the Public Works Department and City Attorney's office and found to be in order for favorable Council consideration. ~g Agenda Information Memo May 15, 2007 Eagan City Council V. FINAL SUBDIVISION (OAK HILLS CHURCH 2ND ADDITION) - OAK HILLS CHURCH ACTION TO BE CONSIDERED: To approve a Final Subdivision (Oak Hills Church 2nd Addition) located south of Yankee Doodle Road and east of Coachman Road in the NW 1/4 of Section 16. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present. FACTS: ➢ The Preliminary Subdivision was approved May 16, 2006. ➢ All documents and Agreements have been received and are in order for execution at the regular meeting of the City Council. ATTACHMENTS (1): Final Plat, page 5-0 71 W` K, - eta O _ `u„•~ c 5 1 , C `I Y.AP.IdLaM' U"AAI-Y 16 Ims • z e ~;j IF 900166 3„0101.61.00S afir:c / LL! W . - I ~ I l ~ _ •S m Tsi TA ~ m w ~,d~,~ loi I I \ ~js~ - - . ~ so.'ss'm't Amara I i IY.L[»L~ I _ a I .L : .•P q~h.l it I cy - - W fill ss'ss6 .rss,az~ov I - - - - - - - - - - - - - - - I I O1 i ~ p r i i i U ~ ! 9 a ~1 6 + }fit e ~ fill Agenda Information Memo May 15, 2007, Eagan City Council Meeting VII. NEW BUSINESS A. PRELIMINARY SUBDIVISION AND CONDITIONAL USE PERMITS (DIFFLEY PLAZA 2ND ADDITION) - THE NATIONAL BANK ACTIONS TO BE CONSIDERED: To approve (Or direct Findings of Fact for Denial) a Preliminary Subdivision of 2.56 acres to create 3 lots for a commercial development for property located at 4249 Johnny Cake Ridge Road legally described as Lot 3, Block 1, Diffley Plaza, NW %4 of Section 28, subject to the conditions listed in the APC minutes. To approve (Or direct Findings of Fact for Denial) a Conditional Use Permit to allow shared parking for property located at 4249 Johnny Cake Ridge Road legally described as Lots 2 and 3, Block 1, Diffley Plaza 2°d Addition, NW '/4 of Section 28, subject to the conditions listed in the APC minutes. To approve (Or direct Findings of Fact for Denial) a Conditional Use Permit to allow a drive through for the proposed bank for property located at 4249 Johnny Cake Ridge Road legally described as Lot 2, Block 1, Diffley Plaza 2nd Addition, NW '/4 of Section 28, subject to the conditions listed in the APC minutes. To approve (Or direct Findings of Fact for Denial) a Conditional Use Permit to allow a drive through for the proposed coffee shop for property located at 4249 Johnny Cake Ridge Road legally described as Lot 3, Block 1, Diffley Plaza 2„ d Addition, NW %4 of Section 28, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: Preliminary Subdivision ➢ The development site was subdivided and platted in 2003 which created seven lots. Three of the lots remain vacant. ➢ A condition of Final Plat approval required a berm/landscape plan to screen development from the residential properties to the south. ➢ A one story bank, coffee shop and retail strip center is proposed. ➢ Access is proposed from the existing private drive. No direct access to Johnny Cake Ridge Road is proposed. ➢ The Advisory Planning Commission held a Public Hearing on April 24, 2007 and is recommending approval. 51 CUP for Shared Parking ➢ Based on the proposed uses, the site is short by 14 stalls from City Code parking standards. ➢ The applicant states different peak times for the proposed uses will eliminate any parking issue. ➢ Parking calculations for the proposed site as all retail result in 7 stalls over, City Code standards. CUP for Bank Drive Through ➢ By-pass lanes are desired but not proposed on the Site plan. CUP for Coffee Shop Drive Through ➢ By-pass lanes are desired but not proposed on the Site plan. ➢ Hours of operation for the proposed coffee shop would be limited to 7:00 a.m. to 1:00 a.m. per the City Code. While the neighbors are open to an earlier opening they would prefer an earlier closing as well. Direction regarding hours of operation will be sought from the City Council. ISSUES: ➢ Many neighbors spoke at the public hearing in general support of the proposed development, but stated concern with the proximity of the drive through at the proposed coffee shop and asked for ways to mitigate any adverse impacts that may be related to the proposed drive through including but not limited to safety, lights, noise and garbage. ➢ The applicant suggested the landscaping along the berm will serve as better screening for the neighbors. He further added that sound barriers, such as a retaining wall, may help to reduce noise pollution and he was willing to meet with the neighbors to discuss these mitigation efforts. ➢ Staff understands that the applicant and neighbors have discussed the mitigation efforts, which include building a retaining wall about 5 feet near the order box and provide landscaping and fencing for visual screening, and they are acceptable to the neighbors. ➢ The applicant also stated the hours of operation for the drive through will prove difficult for a coffee shop. The neighbors suggested a 6:00 a.m. to 9:00 p.m. operation which is more in line with a coffee shop, but does not meet the 7 a.m. opening requirement per City Code. 60-DAY AGENCY ACTION DEADLINE: Deadline expires May 21, 2007 ATTACHMENTS (2): ~ 5(/ Draft APC minutes on ages 53- Staff report on pages through C. Diffley Plaza 2nd Addition Applicant Name:The National Bank Location:4249 Johnny Cake Ridge Road; Lot 3, Block 1, Diffley Plaza Application: Preliminary Subdivision A Preliminary Subdivision of 2.56 acres to create 3 lots for retail, coffee shop and a bank. File Number: 28-PS-04-03-07 AppIication: Conditional Use Permit A Conditional Use Permit to allow joint parking. File Number: 28-CU-05-03-07 Application:Conditional Use Permit A Conditional Use Permit to allow a drive thru for a coffee shop. File Number: 28-CU-04-03-07 Application: Conditional Use Permit A Conditional Use Permit to allow a drive thru for a bank. File Number: 28-CU-03-03-07 Planner Schield introduced this item and highlighted the information presented in the City Staff report dated April 19, 2007. She noted the background and history. George Fantauzza, Architect, explained that the bank building will be one-story with vaulted ceilings and they are fine with the condition to reduce tie height of the light poles. He discussed the landscaping. plan in conjunction with the utility easement. He asked for some leeway with the screening from the 2003 approved Berm Landscaping Plan, allowing for use of existing trees. He stated landscaping along the berm will serve as better screening for the neighbors. He discussed sound barriers to reduce noise pollution and stated the hours of operation for the drive through will. prove difficult for a coffee shop. He asked if the access to the ATM machines would be allowed past the hours of operation listed for the bank. Chair Hansen opened the public hearing. Mark Thompson, 4280 Gadwall Court, discussed the history of the area and stated the proposal is the best proposal for this property thus far. He stated the developer has made considerable efforts to address the concerns of the neighbors. He stated concern for the drive through of the coffee shop. He stated agreement with Mr. Fantauzza in that landscaping should be allowed within the easement. He discussed the need for berming however stated he would be willing to forgo the berming if landscaping is allowed within the easement. Colleen Wagner, 4277 Pintail Court, expressed her approval of the proposed businesses however stated concern for the drive through of the coffee shop. She stated concern for the safety of children playing in the area. She stated if some of the issues can be resolved, the drive through would be acceptable. She stated the drive through hours of operation should be restricted to 7:00 a.m. to 9:00 p.m. She stated the landscaping is not adequate and stated concern for the lighting of the development and asked if the lights could be dimmed at the time of closing similar to how CVS to the north operates. 53 Joe Wagner, 4277 Pintail Court, complemented the Advisory Planning Commission on the surrounding developments. He stated concern for the screening and potential intrusion onto his property. He stated the proposed uses are ideal for the area. Scott Lane, 1717 Brant Circle, stated he is speaking for several neighbors who support the concerns stated by the residents who spoke prior to him regarding future Diffley Plaza development west of the subject site. Robert Gage, 4284 Gadwall Court, inquired about the restrictions of the retail uses. There being no further public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. Planner Schield stated the Berm and Landscaping Plan that was previously. approved did not have landscaping within the utility easement, however the City could allow existing vegetation in the easement to remain. City Planner Ridley explained that the neighbors and developer may wish to work together on the hours of operation. He stated the City Code allows for hours of operation from 7:00 a.m. to 1:00 a.m. and that a modification would require City Council approval. Planner Schield explained the retail uses allowed in the area and the lighting allowances. Mr. Fantauzza discussed the drive through for the bank and stated it allows for 20 cars stacking. He stated there will be four (4) drive through lanes for the bank and one (1) lane for the coffee shop and that any confusion from the lack of by-pass lanes could be handled via signage. He discussed options to reduce noise pollution by building a retaining wall and solid fence. Member Dugan stated concern with the uncertain use of a coffee shop. He stated he will vote against approval of the application because it appears too intense. Discussion occurred relative to the existing vegetation in the drainage and utility easements and the process if the coffee shop did not materialize. Assistant City Engineer explained existing vegetation could remain in the easement. City Attorney Bauer explained that, if approved, any use with a drive-through, other than a coffee shop, would require a new application, Public Hearing, etc. Member Keeley stated concern for the distance between the drive through and the housing. She stated she will not vote in favor of approval for the coffee shop/drive-through because of the hours of operation and potential noise pollution. Colleen Wagner, 4277 Pintail Court stated they are receptive to an earlier opening for the coffee shop if the closing time is also earlier. Member Keeley moved, Member Feller seconded a motion to recommend approval of a Preliminary Subdivision (Diffley Plaza 2nd Addition) to create three lots on approximately 2.56 acres for the property located at 4249 Johnny Cake Ridge Road legally described as Lot 3, Block 1, Diffley Plaza, NW of Section 28 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, C1, 2, 4, D1 and E1 2. The property shall be platted. 3. The applicant shall revise the site plan to provide the correct building setbacks. 4. The applicant shall revise the elevations to provide the overall height of the buildings. 5. The building materials for the buildings on Lots 1 and 3 must meet City Code requirements. 6. The rooftop mechanical equipment must meet screening requirements per City Code. 7. Trash Enclosures shall comply with City ordinance requirements. 8. The applicant shall revise the lighting specifications to provide a maximum pole height of 15 feet. 9. The applicant shall revise the Lighting Plan so that all the property lines are depicted. 10. The applicant shall provide a Landscape Plan that incorporates the approved April 2003 Berm Landscaping Plan and properly screens parking lot areas per City ordinance requirements. 11. The Landscape Plan shall be revised to match the plant schedule with the plantings shown on the plan. 12. The Landscape Plan shall be revised to remove proposed plantings from within the drainage and utility easements. 13. Building signage shall comply with City sign ordinance requirements. 14. All building signage shall be uniform in design, font, size and color. 15. 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. 16. 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. 17. The applicant shall provide evidence of cross- easements for circulation, in a form acceptable to the City Attorney: 18. The applicant shall provide evidence that the lot to be subdivided is permitted to take access to the private street, in a form acceptable to the City Attorney. 19. This development shall be responsible for a cash parks dedication and cash trails dedication when development occurs. A vote was taken. Aye: Chair Hansen and Members Keeley, Feller, Jensen, Heaney, and Chavez. Nay: Member Dugan. Motion carried: 6-1. Member Keeley moved, Member Feller seconded a motion to recommend approval of a Conditional Use Permit for a drive through at a bank for the property located at 4249 Johnny Cake Ridge Road legally described as Lot 2, Block 1, Diffley Plaza 2"d Addition, NW '14 of Section 28 subject to the following conditions: 1. This Conditional Use Permit shall be recorded at Dakota County within 90 days of approval by the City Council, and proof of recording submitted to the City. 2. Hours of operations shall be confined to the period between 7:00 a.m. and 1:00 a.m. as required by City Code. 3. Lighting shall have no direct source visible from the public right-of-way or adjacent land. 4. The applicant shall provide evidence of the three internal access easements that benefit the 65 property, in a form acceptable to the City Attorney. A vote was taken. All voted in favor. Motion carried: 7-0. Member Keeley moved, Member Feller seconded a motion to recommend approval of a Conditional Use Permit for a drive through at a coffee shop for the property located at 4249 Johnny Cake Ridge Road legally described as Lot 3, Block 1, Diffley Plaza 2nd Addition, NW'/4 of Section 28 subject to the following conditions: 1. This Conditional Use Permit shall be recorded at Dakota County within 90 days of approval by the City Council, and proof of recording submitted to the City. 2. Hours of operations shall be confined to the period between 7:00 a.m. and 1:00 a.m. as required by City Code. 3. Lighting shall have no direct source visible from the public fight-of-way or adjacent land. 4. The applicant shall provide evidence of the three internal access easements that benefit the property, in a form acceptable to the City Attorney. A vote was taken. Aye: Chair Hansen and Members Feller, Jensen, Heaney, and Chavez. Nay: Members Dugan and Keeley. Motion carried: 5-2. Member Keeley moved, Member Feller seconded a motion to recommend approval of a Conditional Use Permit for joint parking facilities for the property located at 4249 Johnny Cake Ridge Road legally described as Lots 2 and 3, Block 1, Diffley Plaza 2"d Addition, NW '14 of Section 28 subject to the following conditions: 1. This Conditional Use Pefmit-shall be recorded at Dakota County within 90 days of approval by the City Council, and proof of recording submitted to the City. 2. The applicant shall provide evidence of a reciprocal parking agreement, in a form acceptable to the City Attorney. A vote was taken. All voted in favor. Motion carried: 7-0. 5Co PLANNING REPORT CITY OF EAGAN REPORT DATE: April 19, 2007 CASE: 28-PS-04-03-07 APPLICANT: THE National Bank HEARING DATE: April 24, 2007 PROPERTY OWNER: THE National Bank APPLICATION DATE: March 23, 2007 REQUEST: Preliminary Subdivision and PREPARED BY: Sarah Schield Conditional Use Permits LOCATION: 4249 Johnny Cake Ridge Road COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: NB, Neighborhood Business SUMMARY OF REQUEST John DeDoncker, THE National Bank is requesting approval of. • Preliminary Subdivision (Diffley Plaza 2nd Addition) of 2.56 acres to create 3 lots for a commercial development; and • Conditional Use Permit to allow shared parking; and • Conditional Use Permit to allow a drive through for the proposed bank; and • Conditional Use Permit to allow a drive through for the proposed coffee shop. The above requests pertain to property located at 4249 Johnny Cake Ridge Road legally described as Lot 3, Block 1, Diffley Plaza, NW %4 of Section 28. 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. 5'~ Planning Report - Diffley Plaza 2nd Addition April 24, 2007 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). I 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." Conditional Use Permit: City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: Planning Report - Diffley Plaza 2" Addition April 24, 2007 Page 3 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND/HISTORY The Diffley Plaza property was platted in 2003 with the creation of seven lots. Lot 1 contains a CVS Pharmacy, Lot 4 partially contains the on-site pond to treat all of the runoff from the development and a portion of the lot is vacant for development, Lot 6 contains the Metro Shell convenience gas station and Lot 7 contains the Oak Trust Credit Union. The remaining three lots are vacant. A condition of the 2003 Final Subdivision approval required the owners to provide a conceptual berm landscape plan for the south properties that includes Lot 3, which is proposed for subdivision. 5~ Planning Report - Diffley Plaza 2°d Addition April 24, 2007 Page 4 Prior to 2003 the subject area was comprised of four parcels of land, three of which were unplatted. Outlot A of Mallard Park 4 h Addition which overlays the eastern one third of the site was platted in September of 1995 as part of the adjacent single family residential subdivision. The proposed subdivision is zoned Neighborhood Business, and has a Comprehensive Guide Plan designation of Retail Commercial EXISTING CONDITIONS The subject site is a platted parcel that is vacant and rough graded. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Vacant RC, Retail NB, Neighborhood Commercial Business South Single-family R-1, Residential LD, Low Density residential Single district (0-4 units/acre East Vacant PD, Planned Medium Density Development (4-12 units/acre West Vacant RC, Retail NB, Neighborhood Commercial Business EVALUATION OF REQUEST Compatibility with Surrounding Area - Neighborhood business districts are small business areas generally located adjacent to or in close proximity to residential neighborhoods that are intended to provide daily retail goods and services. The subject site is adjacent to single family residential uses on the south, and is bounded by neighborhood business uses on the north and west and on the east by undeveloped land zoned Planned Development. Lots - The proposed preliminary subdivision consists of three lots. Lot 1, 50,804 square feet, is proposed to be a retail building. Lot 2, 36,441 square feet, is proposed to be a bank. Lot 3, 24,275 square feet, is proposed to be a coffee shop. Two lots border the single family residences to the south. All three lots abut Johnny Cake Ridge Road. Two lots abut a private drive within the overall development. Planning Report - Diffley Plaza 2nd Addition April 24, 2007 Page 5 Site Plan - The Site Plan shows a 6,219 sq. ft., one-story retail building on the western portion of Lot 1, with parking on the north, south and east sides of the building. The building's main entrance faces east. Lot 2 shows a 5,360 sq. ft., two-story commercial bank, with a drive through on the north, drive through lanes on the east, a drive aisle to the south, and parking on the west side of the building. The building's main entrance faces west. Lot 3 shows a 1,945 sq. ft., one-story retail building (coffee shop), with a drive through on the south, a drive lane and parking on the east and parking on the north and west sides of the building. An outdoor patio area is also shown adjacent to the building to the east. The building's main entrance faces north. Bulk Standards - Setbacks - The proposed setbacks are consistent with ordinance requirements. Johnny Cake Ridge Road requires a 40 foot setback. The proposed bank building, adjacent to Johnny Cake Ridge Road is setback 40 feet from the front yard lot line. The required side yard setback is 10 feet, rear yard is 20 feet and a 30 foot setback is required when adjacent to a residential use. Minimum Parking setbacks are proposed to be 20 feet from all public streets. While the setbacks are correct, the submitted plans do not indicate the correct required setbacks for the side yard setbacks on Lots 1 and 2 and the rear yard setbacks on Lots 2 and 3. The plan should be revised and resubmitted. Building Coverage - The proposed building coverage is consistent with ordinance requirements ranging from 14.7% to 8%. NB zoning requires a maximum coverage of 20%. Building Height - The proposed building height is consistent with ordinance requirements of a 30 foot maximum. However, while the elevations provide a scale, they do not specifically show the building height. It appears as though the bank on Lot 2 is proposed to be at 30 feet. The elevations should be revised to indicate the building height. Green Space - The proposed green space is consistent with ordinance requirements. The green space calculations range from 30% to 39.5%. This exceeds the minimum green space requirement of 30% of the lot. Building Elevations/Architecture - The proposed building architecture for the two-story bank building consists of prefinished metal standing seam roof materials. The bank provides three types of Class 1 materials covering 72% of the building which exceeds the ordinance requirements. The retail building designs are not complete and may not be known until a specific user is known. These buildings must meet the building material requirements per City Code. Rooftop Equipment - The elevation plans do not indicate the rooftop units. All mechanical equipment shall meet City Code screening requirements. ~I Planning Report - Diffley Plaza 2nd Addition April 24, 2007 Page 6 Trash Enclosure -The site plan indicates the trash enclosures will be attached to the principal buildings per code requirements, however exterior elevations have not been provided. Within the NB zoning district, trash enclosures are required to be attached to the principal building constructed of materials to match the exterior of the principal structure, with gates or doors having at least 90 percent opacity. Parking - The proposed parking for Lots 2 and 3 meet City Code requirements. However, a Conditional Use Permit to allow for joint parking is requested for Lot 3, the coffee shop. City Code requires a CUP for the reduction of up to 30 spaces. Reductions are allowed to minimize the amount of hardcover and maximize real estate potential. This is allowed when required parking facilities serving two or more facilities are located on the same lot. City staff has also calculated the overall building square footage as retail, and the site would be over-parked by seven parking stalls under that scenario. Additionally, the bank and the coffee shop should have peak times that will not conflict with each other; therefore, staff believes the proposed parking will not be an issue. Parking stalls are proposed to be 10 feet wide by 19 feet deep; two-way driving aisles are proposed to be 24 feet wide. All dimensions are consistent with City Code requirements. Two Conditional Use Permits are also requested to allow drive throughs for both the bank building (Lot 2) and coffee shop (Lot 3). The site plan identifies proper stacking for the drive throughs; however there is no by-pass lane for the coffee shop and the bank by-pass lane is limited. By pass lanes are a desired design feature, not a City Code requirement. Site Lighting - City Code requires that on-site lighting be provided as is necessary for security, safety and traffic circulation. Illumination shall be indirect and diffused or shielded. Lighting shall not be directed upon public rights-of-way or adjacent properties and the source of light shall not be visible from off the property. The lighting plan indicates there are going to be nine area lights onsite. The plans indicate the lights are going to be mounted on 25 foot poles, with a 3 foot base for an overall height of 28 feet. These poles are to have Cimarron luminaries which are more of a contemporary design compared to the standard shoebox style light and also have full cutoff performance. This style mount will use a 250 watt high pressure sodium light source. The surrounding properties (gas station, bank and pharmacy) have varying light pole heights from 15 feet to 30 feet. Due to the proximity of the site to existing residential properties, light standards should be limited to a total maximum height of 15 feet. The lighting plan does not show the property line boundaries. The applicant shall verify that the light levels at the property line do not trespass onto the adjacent property. CoZ Planning Report - Diffley Plaza 2nd Addition April 24, 2007 Page 7 Landscaping - The Landscape Plan is inadequate. Plantings along Johnny Cliff Ridge Road for screening purposes include Black Hills Spruce and Colorado Blue Spruce as well as Autumn Spire Red Maples. Additional plantings should be added to screen from the parking lot area. Plantings along the south perimeter, between the proposed coffee shop drive through and the single family neighborhood include Black Hills and Colorado Blue Spruce, Autumn Spire Red Maples and a Northern Pine Oak. Screening from the residential properties is primarily from existing trees. The applicant should provide additional vegetation with species of planting that will achieve 75 percent opacity year round to maturity. This will assist with minimizing any adverse impacts that may be related to the proposed drive through. The original Final Subdivision approval included a Conceptual Berm Landscaping Plan. This plan received in April 2003, shall be incorporated into the Landscape Plan for screening of the commercial development to the residential properties to the south. While the proposed grading elevations do not change greatly from what was originally approved, the depth of the berm is not as deep as the existing configuration. The plant schedule differs slightly between the number of Northern Pine Oak and Crabapple trees shown on the plan. The plan indicates two retail lots, one of which should be revised to reflect the coffee shop lot, Lot 3. It is Lot 3 which should include the Oak versus the Crabapple tree. Additional deciduous and evergreen shrubs and perennial beds should be installed to provide screening of parking areas from the public rights-of-way on Lot 3. Lot 2, the bank lot, also has discrepancies within the proposed number of plantings and the planting schedule. It appears that landscaping is proposed to be within the drainage and utility easement which is not consistent with City Code requirements. The applicant should verify these requirements are satisfied. Si a e - THE National Bank proposes a monument sign to be seven feet in height located in the northeast corner of Lot 2. The sign meets City Code requirements. There is no building signage proposed on the bank building elevations, however a colored east elevation identifies a wall sign. This proposed sign and future development on the proposed lots will require an approved Sign Plan according to Section 11.70 Subdivision 28 of the Eagan zoning code. Grading/ Topography_- The site has been previously graded and is open and relatively flat. Minor grading will be required to prepare the site for development. 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 /Water Quality - Storm sewer and ponding (Pond BP-36.2) of sufficient size and capacity was constructed with the Diffley Plaza development in 2003, and is available to serve this development. There are no jurisdictional wetlands on this site. Planning Report - Diffley Plaza 2°d Addition April 24, 2007 Page 8 Utilities - Existing sanitary sewer and water main of sufficient size, depth, and capacity are available within the existing service drive of Diffley Plaza to serve the proposed development. Streets/Access/Circulation - Public street access is available for the development from the existing private service drive that intersects with Johnny Cake Ridge Road. The proposed site plan shows one driveway access onto the private drive that currently serves existing development. Easements - Internal vehicle circulation is proposed via private drives within the development. Cross easements providing for this circulation within the subdivision, should be prepared for review and approval by the City Attorney prior to final subdivision approval. Financial Obligation - At this time, there are no pending assessments on the parcel proposed for platting. Tree Preservation - There are no tree preservation issues associated with this development. Parks and Trails - This development would be subject to a cash parks dedication and cash trails dedication. Advisory Park and Recreation Commission - This development proposal was before the APrC on April 16, 2007, and they are recommending the proposal be subject to cash parks and trails dedication. SUMMARY/CONCLUSION John DeDoncker, THE National Bank is requesting approval of a Preliminary Subdivision of 2.56 acres to create 3 lots as well as three Conditional Use Permits, two for drive throughs and another for joint parking. The requests are consistent with zoning and other City Code requirements. City policymakers shall determine if by-pass lanes are necessary at the drive through locations. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision (Diffley Plaza 2°d Addition) to create three lots on approximately 2.56 acres for the property located at 4249 Johnny Cake Ridge Road legally described as Lot 3, Block 1, Diffley Plaza, NW '/4 of Section 28. If approved, the following conditions should apply. 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2,1993: Al, B1, Cl, 2, 4, D1 and El 2. The property shall be platted. 3. The applicant shall revise the site plan to provide the correct building setbacks. 4. The applicant shall revise the elevations to provide the overall height of the buildings. Planning Report - Diffley Plaza 2°d Addition April 24, 2007 Page 9 5. The building materials for the buildings on Lots 1 and 3 must meet City Code requirements. 6. The rooftop mechanical equipment must meet screening requirements per City Code. 7. Trash Enclosures shall comply with City ordinance requirements. 8. The applicant shall revise the lighting specifications to provide a maximum pole height of 15 feet. 9. The applicant shall revise the Lighting Plan so that all the property lines are depicted. 10. The applicant shall provide a Landscape Plan that incorporates the approved April 2003 Berm Landscaping Plan and properly screens parking lot areas per City ordinance requirements. 11. The Landscape Plan shall be revised to match the plant schedule with the plantings shown on the plan. 12. The Landscape Plan shall be revised to remove plantings from within the drainage and utility easements. 13. Building signage shall comply with City sign ordinance requirements. 14. All building signage shall be uniform in design, font, size and color. 15. 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. 16. 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. 17. The applicant shall provide evidence of cross easements for circulation, in a form acceptable to the City Attorney. 18. The applicant shall provide evidence that the lot to be subdivided is permitted to take access to the private street, in a form acceptable to the City Attorney. 19. This development shall be responsible for a cash parks dedication and cash trails dedication when development occurs. 5 Planning Report - Diffley Plaza 2°d Addition April 24, 2007 Page 10 To recommend approval of a Conditional Use Permit for a drive through at a bank for the property located at 4249 Johnny Cake Ridge Road legally described as Lot 2, Block 1, Diffley Plaza 2nd Addition, NW 1/4 of Section 28. If approved, the following conditions should apply. 1. This Conditional Use Permit shall be recorded at Dakota County within 90 days of approval by the City Council, and proof of recording submitted to the City. 2. Hours of operations shall be confined to the period between 7:00 a.m. and 1:00 a.m. as required by City Code. 3. Lighting shall have no direct source visible from the public right-of-way or adjacent land. 4. The applicant shall provide evidence of the three internal access easements that benefit the property, in a form acceptable to the City Attorney. To recommend approval of a Conditional Use Permit for a drive through at a coffee shop for the property located at 4249 Johnny Cake Ridge Road legally described as Lot 3, Block 1, Diffley Plaza 2„ a Addition, NW '/4 of Section 28. If approved, the following conditions should apply. 1. This Conditional Use Permit shall be recorded at Dakota County within 90 days of approval by the City Council, and proof of recording submitted to the City. 2. Hours of operations shall be confined to the period between 7:00 a.m. and 1:00 a.m. as required by City Code. 3. Lighting shall have no direct source visible from the public right-of-way or adjacent land. 4. The applicant shall provide evidence of the three internal access easements that benefit the property, in a form acceptable to the City Attorney. To recommend approval of a Conditional Use Permit for joint parking facilities for the property located at 4249 Johnny Cake Ridge Road legally described as Lots 2 and 3, Block 1, Diffley Plaza 2nd Addition, NW 1/4 of Section 28. If approved, the following conditions should apply. 1. This Conditional Use Permit shall be recorded at Dakota County within 90 days of approval by the City Council, and proof of recording submitted to the City. 2. The applicant shall provide evidence of a reciprocal parking agreement, in a form acceptable to the City Attorney. Eagan Boundary Location Ma /A//Rla p o Pant Area - Building Footprint 1 ~ es We A 411 e~ ~ s o o ~n Subject Site I ■ C&A NO. 30 (mr(8Ya l RER 10 ❑ID o s COMMO • •;r ~e 'sip ~®e . a s _ ♦ t sA s n-P 1111111111 L •1'1 Q 10 a% - a ~ a m s • , ~ P • ' , ® Id v • 1000 0 1000 2000 Feet Paaa Development/Developer.. 4249 Johnny Cake Ridge Road Application: Preliminary Subdivision / Conditional Use Permits Case No.: 28-PS-04-03-07 Map Prepared using ERSI ArcView 7.1. Parcel base map data provided N by Dakota County DMce of GIS and is current as of April 20D5. E City of Eajan THIS MAP IS INTENDED FOR REFERENCE USE ONLY (40/1/- W* The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. THE National Bank Current Zoning and Comprehensive Guide Plan Preliminary Subdivision/ Land Use Map Conditional Use Permits 28-PS-04-03-07 Zoning Map '~CCL nil' Pr ~W.W p R-1 Current Zoning: ro NB r Neighborhood Business pD ma Location -Perot aeon ro RJ r i o~ o r - mmm0 coo o wo tzoo r..t PD Comprehensive Guide Plan K~® Land Use Map -11 0 I N 1.0 MO till) Current Land Use Designation: P MD i LD RC Location Retail Commercial P.uro.a arP~eraveaul r Mo t i xo ® e OLUm O mmm0 600 0 000 1200 Feet ay No MO Parcel base map information provided by Dakota County Land Survey Department Decmber 2005. N Zoning Information maintained by City Stag. *Myflakan 1///~//`tom- W E THIS MAP IS INTENDED FOR REFERENCE USE ONLY V The City of Eagan and Dakota County do not guarantee the accuracy of this information. S C;11 F 1~~J b.. ; ..R 3 _ • elm ».T ~ , , Pkk- j ri; 5".,~ r 3, t t P s ~ u~, m d p 5 ^ } f l~ t & ya A. y ;.,r 1. : R t . ^'~Y "m~~' •,..,,6. 1 4 X. ..fix.' . - ~'F3.#~1` .py,~~~•'S x.57, S 1 ~ 7W~. r x m ` ,r rr s`k-R A? z y-"w rr xx ~ SS 4 .r ~ G. ~pN a aF 4 - '*rr ~ I I I I uolyww I I °~set,•t r/ S o r u ~ i f t; S ;I -J r v~ ~ e a mar, !.fit-..-..-._L..~ L1^\ ,f 6 xi 6 - ~ ( 5 I WS o Fa ~ zS ; o ul.~ u i{ a~~ _ ~b8 i 1 I _ - -..J -YI<30- ` x019 ww x CIOOTOC C JOHNNY CAKE RIDGE ROAD e s~a B PRELIMINARY SUBDIVISION ISSUED: 4-4-07 a r t ` M; PRELIMINARY i! ~~Ii~•€ ~ftet~ _"","..`'aS~ V { MEYER ~x ~ SUBDIVISION DIFFLEY PLAZA ec xeet,a 4f.0B DIFYZSY RD. p l --RDHUN, WC. PLAN ~fF FIEf~St .....o. °_amamrnn..•dxyme.a n~ FA6AN. MN R Hill o tatE2 0 'II~ ~iA aa.u.a.aw.sx •xm u•raiwunn•a+osoam j~ / /I l IVI I I I I i I i l l l l l 1 L- H, / l 11 / I 1 I I I 1 1 1 1 1 1 1 \ \ g6 / / / / It t I / I Ie I, 1 ~ t` \ I ( 1 1111111 ~ \ \ x: /I/ \ I\ \i \ I I ( I~lillllllll ek Li 6`\ i 1111111\ \ 1 ~ / I\ li r, i w\~~I~i" ~•1~.i~~ %I%/I/I\\ \ F\ f~l\ 7 r'~ g try F!_ \ \ \ \ \ \il I iii// \ \I } \I@ % -ell 1 -'¢3 \ \ \ / 1ol / / / i I E I / / I \ I 1/ l 0( -y - - 7 T- - • . 1 ' gg gff / t[ o Ft ~ JOHNNY CAKE RIDGE/ROAD /'I Y s@ I - fig. CD a t. I j ~ 1 I s I s ER - I? it H All it 444444444 999tppppQpp499999 • I I ^ ~ ~ ! a @ ~ II~~~~~ @ ~@~tlt~l ~ a EXISTING CONDITIONS _ ISSUED: 4-4-07 i ZsTnva p { ° ' - b coxnrrioxs DIFFLEY PLAZA [ ~ R f^~ - PT-AN •s*s 4"9 ns~rrsY F2D. 11.1111 e i tI` - ~•••w•• ' _.»maow EAGAN, MN --.m.. ~t n..++. m • acs, a an u • .u w.e.m. • ra w. am I all -anw>md°f~av - ......o ~,~.r. ~~m ~°r'~~~~1'~ @ tui•HVflra ' MT1 S i~ a~ inn n,~:«,-u w=.. ~ I~I1N vzv-Ia kaaaaia ! I . ~ axvxu~u~xa v Lo-f-t :aHnsSI NV-1d A11S ~Q 31A QQ - s s 9 I I ~1 s a gill fill 14 111 x . ° . Will gg X91811 016.111 Y Q9 t 3_U 0 II L U Off tt °)J OVO'j 9OGN 9 NV3 , NNNOC Yao[nmx - - ; ,czr~v - p( iS,l IOM 7dO/000M 1+- rtt ~ -rN~- x r r d / y - -vl ml- ,°,w.rr'd.10 N Ira pit ' d:a€pe~ed;f➢ I€ ~ag~d~~€ t • ~ L. ! ~J i '}dE ;tai a€ ~ till a H9l If ~ id ~ dd [a t~aFd ~ : s : •i ` ~ i ~ t ~t i ~ Eg~~g~~ ~4t6gtE6i~ dd N 4 { ~7 i I Z ~5 5 ~ 11M Eg~Ea t i d€ # c i std 6 t! ita~~ oad°I i;i § rT1 E 6 € € ~ ; ~ ail ~ a z s~ ~6 Ego E c 4~ eR°~ a d t - M T( d dd 6p~ ~8~~ d ~e~ I ~ €gl ~ _ ~ a ~ ~ € GGp° EEd EFo 3~ • 5 3 ~o o ° iii ~ I I I ~ - \ \ r e~ 1 I 1 l //✓irr€ r t [tit -s F i- I I i a ~l / / / /r( E~ I @& a, V- I tit i ° u F, T p~ 1 I I IBS / - \ .Y- JOHNNY CAKE RIDGE ROAD / a GRADING PLAN ISSUED: 4-4-07 t 14- --f 4 ' MtYER-ROHUN, INC. ll GRADI136 DIFFI.EY PLAZA iii PLAN v 4448 DWFLSY RD. H `v KAGAN. MN ~ I IXI ~ e • uu bL 01 i #p t fit f mm I m I #1i 000 ® i i I oo 02 FR~Ft s`Q~ a 1 00 I ® b' I - b ©00 O® 1 c. 3 5* AE A f M U L9 22 i p tf r rn I[ m i t t CiFRt SS4 ~ g $~~~5 ~~~r58 ~~9 i ~~Og~ fill c- S EM 6 - 4 j L m l t m [fill IF It t iFFi6 4SQ E MIN is: ii tg LANDSCAPE PLAN ISSUED 4 APRIL 2007 11 7-NDSCAPIC pit r: +o.ow 4249 JOHNNY CAKE RIDGE RD r I t(e I t! p~ ! hne -bpi t.° EGAN, NM'NESOTA I~ t~5i~ ~uwrrar:•rrr +e~-w•w.,o.mm ~ b vsosaxf~¢ :.rte r -vNvg NVId J N 11H J I Loo9 r1Ixa V T`QHnss1 1 t if i7~ ~°•~~f jij• ~i! i1 ~t7 1 ~ ~ "w it}{ os fill Ilil Iflff! ~}1ii ~1i }It Ilit } ~ j { ~ o 11}lt 1 4 it 111 tlg$i, if fill cz; -milk Z L u i3l 1 1 «i 1 . Y Y CD f 1 IJ f z w C l LIJ } I t If lisl 1 3;111 iiJ ~ _ all. i 3 a 3 3 a] 1 3.::: 3 1 Z 3 a a 3 a i i::: 7 a S o .2 3 3 . . i:: a a. a a 1 1 3 1 1 3 s 3 a.. N ° S S S - S 3 Z i i a r. - - 3- - n n - 1. S. Z 1 Z ~ 3 i J a n« n- 1~. .a« i^ w~ 1 3 a w a - J: S Z 1 s :1 S 1/ S n. n i l- a a a . . . n :n a . - 1 . 3 a 1 ^ a a « . « a « J ~ a ] ] 1-- S 3 S S 3 3 3 n a a l a a Z - 1 1: 1 3 J J l a. 3 : J a 3 a. 3 3 a. a 3 a. a: a.. a a. a 1 a a:. 3.. 1 S S a J]] a: a 9 3 3 s° r N / ar / I 4 ~ I I j f 1 J r / f rf~1f rL • Jdmy 4tn Mdgo F?o&d t t f 7 3 r+ o N ~i V ~ Z Rp n2 a S~ y~ -1- ISSUED 4 APRIL 2007 MONUMENT SIGN SITE PLAN s Ft l 9 (Sj[~. ®Z~ 'luma...~. f( rF~ e6=~~[ _ ~NnL i~M•elopmmclae. e wvror 4E40 JOHNNY CARS RIDGE RD t i jttr e t F F 'f,.t EGAN. LIINh•ESOTA g ~~;E~F~~`} a.::~......,.im•n.wmam ~3,•'li vsosav.nri rrvaa `.o.'; "•Q . q r+ s ax aoaix 3xvo SAimor or. + Ir - H.~IVB rl 33® ~„a.l 3 , ~~i,~! ANVB - SNOIZVA= CrJ 6VNOllHN 2IOI2I~XT . Loot rimav t Q fffissI NOLLVA3_13 NNVS I b 3 3 h ~r c 0 _f 4 17, w j Ill JA i- s I' if jj 11:' j r i 2 d 3 y 3 4 O e e ~ w lu ° - i 2~'-- ~ ®°g c 9 ii ~j7r 3 _ W - - s 0 all zi T i 1 ~ I ~ Qx $QI3i BYO i?I.~ffiOf 8721 aw~M. a J J11N~/9 uorwamx:a 7! NQl LVATO -llVj-AH LOOZ zlxaV T, Gaassi v c LL LL ry 0 t i a Z P tS is ~ 3 ~ -r - I i I ~ Y jt~tii iiS! w ~ [uJ J~~~, 4 'a w v S s ~ j 1~/ _ ~ _ ~ ~ al~~, a oita~azx~voaxr~oreras r~ p fill NOIldn3-13 ~13JJQO Loot rIIxaV t aanssl " 3 ~dl~a O 1 r f i 3u B 3 " Ill ;H2j1h I O Li d W - ~ lul Y • Ill 3I MIT 11 j Eq. 11 JJ 'till if -a o ~ • m 0 e W a J n NATIONAL EBANK Eagan, MN - 3/19/2007 1 i. 3~i~E: i i Ali ' i I r IL Iml West Vier 1FFz, South View North View rF { Nthl]C7HAi } F ` ,~yK I 1 3 n S East View RECEIVED MAR 2 12007 2 Division Street E - Suite 201 Buffalo, MN 55313 Ben z tae<€pncitn 763-682-1818 www.NelsonBuilding.com / C'X-/ N W "F_ -Ed Building & Development Inc. S Planning/Conditional Use Permit Project Description Narrative THE National Bank 23 March 2007 Project Description The proposed Project is to be located at 4249 Johnny Cake Ridge Road on a parcel of approximately two and one-half acres. The site is bordered by commercial development to the north (Walgreen's) and residential to the west, south, and across Johnny Cake Ridge Road (to the east). Land Use Designations The parcel on which the proposed Project is to be constructed is located on the west side of Johnny Cake Ridge Road south of Diff ley Road. The property is identified on Figure 2.4 of the Comprehensive Guide Plan as vacant non-residential land and is classified by the Comprehensive Plan Land Use. Map as RC, Retail Commercial. The Zoning map identifies the zoning classification as NB, Neighborhood Business. Within that classification are permitted uses including financial institutions, class 1 restaurants, and a variety of retail uses. The uses proposed are supported by the present zoning classification and no variance questions are sought to those uses. Among the conditional uses permitted within the NB district are drive-through facilities and this application includes consideration of drive through lanes for the bank as well as for a potential restaurant (coffee shop) use. Project Site The site is designed with the intent to merge into and complement the surrounding neighborhood. Sidewalk connections are provided to pedestrian walks and trails and bicycle racks are located at each building on the site. Vehicular site access is provided from an existing access road along the northern portion of the site from Johnny Cake Ridge Road and extending west providing access to other commercial uses. Parking is shown provided for seventy vehicles with bituminous surfaces surrounded by concrete curbs and gutters. Internal islands are provided for landscaping and additional landscaping is provided, primarily to the south and west to screen and buffer the development from the adjacent residential uses. The site slopes up to the south and west with the retail building recessed into the embankment at it's southwest corner along with the refuse enclosure for that structure. The reminder of the site is primarily flat, gradually sloping to the northeast. Proposed Buildings Primary development for the site is a bank facility consisting of 5,572 gross square feet. The bank is to occupy the northeastern portion of the parcel adjacent to Johnny Cake Ridge Road. This portion of the Project is proposed to be constructed immediately along with the access drives and associated parking and site amenities which support it. The bank will provide walk-in as well as drive-up tellers and office space for personal and lending bankers. The building is proposed to be constructed with a base of decorative concrete block and manufactured stone accents, with the remainder of face brick with aluminum windows and storefronts. 2 Division Street E, Suite201 • Buffalo, MN 55313 • Tel 763-682-1818 • Fax 763-682- 3053 www.nelsonbuilding.com l_5 61 N W E Building,, BSc Devi-'lopMant Inc. S The central portion of the structure provides a tall, sloping vaulted space, standing seam metal roof and clerestory windows providing natural light to the central core and teller area. The drive-through portion of the facility is located to the north providing three teller lanes and a lane for an automated teller machine; the drive through is covered by a canopy structure constructed of materials similar to the building. The southern portion of the site is planned for development as a restaurant use, providing approximately 1,900 square feet and presently considered to be a coffee shop. No specific user has been identified at this time however the parcel was designed around a national brand model user. Exterior finishes are unknown at this time and will be further identified based on possible prototype design for the specific restaurant. The site pad has been identified as being able to provide a drive-up window and an exterior, trellis covered patio dining area. Bicycle racks are anticipated. The western portion of the site is proposed to be a small retail building of approximately 6,100 square feet; no tenants are identified for this portion of the Project and it is not considered to be constructed at this time. The retail building is designed to be constructed of face brick, exterior insulation and finish systems, decorative concrete block, aluminum storefronts, and decorative fabric awnings. Refuse enclosures are provided at each building and will vary in exterior finish based on the finishes of each building. Enclosures will be 6'-8" in height and the bank enclosure will be of brick and manufactured stone to match the bank building; gates will be of HDPE lumber on steel frames. Conditional Uses With the exception of parking, the Project meets all the requirements for use and pervious surface - no change in zoning classification is being requested. Parking provided for the Bank and the Retail components of the Project meet zoning requirements (See attached document T1.1 Project Data Summary). To meet zoning requirements for the restaurant component we request consideration of a conditional use permit for joint parking facilities between the bank and proposed coffee shop/restaurant. Based on parking requirements for a drive-thru food establishment, the proposed restaurant site requires an additional 14 stalls. These 14 stalls are provided through a joint parking agreement with the bank, allowing the joint use of the 14 stalls in the center island area on the west side of the bank parcel. The bank and restaurant will not have substantial conflict in the principle hours and peak use times. In particular, a coffee shop will have peak use times in the early morning and evening, generally outside of the banks normal operating hours or peak times. We also feel that this joint parking between the two uses is an efficient use of space, minimizing the impervious area necessary to support each individual use, allowing for additional landscaping and green area within the development. This application is also submitted for consideration of drive through access for two of the buildings on the site. This use is provided for under the NB zoning classification as a conditional use. The bank building is proposed with drive lanes for teller access and the automated teller machine. The southern building, while not yet firm in identifying an actual user, is presently considered as a coffee shop and is also proposed to provide a single drive-up service window. A conditional use permit is being sought to provide for these functions. 2 Division Street E, Suite201 • Buffalo, MN 55313 Tel 763-682-1 B1 8 • Fax 763-682- 3053 www.nelsonbuilding.com I6 Agenda Information Memo May 15, 2007, Eagan City Council Meeting B. PRELIMINARY SUBDIVISION BOULDER LAKES BUSINESS PARK) - INTERSTATE PARTNERS ACTION TO BE CONSIDERED: To approve (OR direct preparation of findings of fact for denial for) a Preliminary Subdivision to create four lots and two outlots upon approximately 85 acres located north of Lone Oak Road in the SE'/4 of Section 1, subject to the conditions listed in the APC minutes, and additional conditions as attached. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present. FACTS: ➢ The site consists of several unplatted parcels and contains several wetlands, a shoreland protected lake and scattered wooded areas. ➢ This site received Preliminary Planned Development approval in November 2006 for seven buildings totaling 676,000 sq. ft. (five single-story buildings and two five-story buildings). ➢ In conjunction with the Preliminary Planned Development approval, the City council made a negative declaration on the need for an Environmental Impact Statement and also approved the wetland replacement plan. ➢ The proposed subdivision creates the four southerly lots, and establishes the northerly part of the property as outlots. Right-of-way will be dedicated for a new public street extending north from Lone Oak Road through the site, and also for a future east-west street along the northern boundary of the property. Private streets and service drives provide access to each of the proposed buildings. ➢ The number of lots and intensity of development remains consistent with the 2006 Preliminary Planned Development approval. ➢ A Final Planned Development will be required for each lot prior to issuance of a building permit. ➢ The first phase construction will begin with buildings on Lot 1, Block 1 (110,000 sq. ft.) and Lot 2, Block 2 (48,000 sq. ft.). ➢ The APC held a public hearing on April 24, 2007, and recommended approval of the Preliminary Subdivision. 120-DAY AGENCY ACTION DEADLINE: July 19, 2007 ISSUES: ➢ Two residents on the south side of Lone Oak Road spoke at the APC meeting and expressed concerns about the impact of the project on their properties, including site lighting. Concerns about the impact to their properties of the future widening of Lone Oak Road and possible assessments were also raised. 83 ➢ In addition to the conditions in the APC minutes, City staff is suggesting additional conditions to reiterate requirements relative to wetland replacement and monitoring, water quality, and implementation of Low Impact Development techniques. These additional conditions are based on existing state laws and City ordinances and policies. The conditions are listed below: 1. Before the City will issue a grading permit, the developer shall provide the City a fully completed Minnesota Wetland Conservation Act (WCA) --Contractor Responsibility and Landowner Statement Form. 2. Prior to issuance of a grading permit, the developer shall provide the City a fully completed Minnesota Wetland Conservation Act (WCA)-Declaration of Restrictions and Covenants for Site Specific Wetland Replacement Form. This form shall be notarized and shall be filed with the Dakota County Recorder, so that the obligations and restrictions on the use of the wetland become a permanent part of the land record. 3. Within a year after final construction and installation of the wetland replacement area, the developer shall submit to the City the first of five annual monitoring reports by no later than December 31 of that year. The developer shall submit to the City the four additional annual monitoring reports by no later than December 31 of those subsequent years. Monitoring of the wetland replacement area shall be in accordance with Minn. Rules Ch. 8420.0600 through 8420.0620. 4. Prior to release of financial obligations for projects with approved wetland replacement plans, the City must issue a Minnesota Wetland Conservation Act (WCA)-Certificate of Compliance that certifies the City Water Resources Coordinator has performed a final site inspection and finds that monitoring of the replacement site has been completed as required, any problems identified have been adequately addressed and remedied, and the goal of the replacement plan has been achieved. 5. In accordance with policies of the City's current Water Quality Management Plan (Plan; 1990), the developer shall provide additional measures so as to mitigate any increase in phosphorus loading to downstream priority waterbodies (DNR #19-0054P and DNR #190256W). Such measures shall include but not be limited to: reducing impervious area, providing infiltration, additional treatment basin construction, and treatment of stormwater discharge through other means. Prior to issuance of a grading permit, the developer shall submit to the City a detailed plan that provides no increase in phosphorus loading to the aforementioned waterbodies, as determined by the City Water Resources Coordinator and City Engineering and in accordance with Plan policies and City water quality models. ATTACHMENTS (2): April 24, 2007 APC Minutes, pages through 87 Staff Report, pagescx2 through 121: E. Boulder Lakes Business Park Applicant Name:lnterstate Partners, LLC Location:565 Lone Oak Road; North of Lone Oak Road adjacent to Inver Grove Heights Application: Preliminary Subdivision A Preliminary Subdivision of 85 + acres to create 4 lots and two outlots. File Number: 01-PS-05-03-07 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated April 19, 2007. She noted the background and history, Greg Miller, President of Interstate Partners, LLC discussed their other developments in Eagan. He highlighted amenities they have installed in their Grand Oak development, the history of the Boulder Lakes name and the image they intend to create for this business park by utilizing the large boulder located on the site as part of the entrance monument. He also discussed their plans for phased construction of this business park. He asked tHat the no-grade area referred to in condition number 18 be modified to 15 feet. Chair Hansen opened the public hearing. Jeremy lllg, 540 Lone Oak Road, asked if the 46 conditions presented at the previous application in 2006 (Preliminary Planned Development) still apply to the property. He inquired about utility assessments. Planner Dudziak explained that the conditions for the Preliminary Planned Development will be reviewed again before final approval of the development. Mr. Gorder addressed the utility assessments and stated assessment notification would be mailed to Mr. Illg, if applicable. - Jill West, 600 Lone Oak Road, stated concern for light pollution, road placement, and safety of people traveling in the area. There being no further public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. Mr. Gorder discussed condition number 18 as it relates to water run-off potential and water retention on the site. He stated that it is Staffs hope that the developer can implement additional stormwater management techniques that will result in the size of the pond being smaller, in which case the 25' no-grade buffer can be met. It was the consensus of the Advisory Planning Commission to amend condition number 18 from 25' to 15' because the 25' is based on the draft Water Quality and Wetland Management Plan, which has not yet been adopted by the City Council. Member Heaney moved, Member Jensen seconded a motion to recommend approval of a Preliminary Subdivision to create four lots and two outlots upon approximately 85 acres located north of Lone Oak Road and west of Inver Grove Heights in the SE'/ of Section 1, 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: Al, B1, B2, B3, B4, C1, C2, C3, C4, D1 and E1 2. The property shall be platted. 3. The final landscape plan shall incorporate shrub and/or perennial plantings into the perimeter landscaping to provide 75% screening of the parking areas to a height of 3' to 4' as required by the City's landscape ordinance. 4. The final landscape plan shall also incorporate foundation plantings. 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. Public improvement projects providing for pipe outlets for_ Ponds FP-8 and FP-9, in accordance with the Storm Water Management Plan, shall be approved by the City Council prior to final subdivision approval for this development. 8. The developer shall provide temporary public easement over the temporary cul-de-sac at the north end of the proposed street in a form acceptable to the City Attorney. 9. This development shall accept the City's determination- of responsibility and per acre costs of $4,000 per net developable acre for Northeast Eagan-Area Wide Traffic Study mitigative traffic improvements. The financial obligation will be placed in an escrow account with the City to be used solely for financing the improvements. The applicant shall enter into an escrow agreement in a form acceptable to the City Attorney and provide the required deposit prior to final subdivision approval/release of the plat for recording. Any unused amount will be returned to the payers within 10 years of full development of the properties within the study area. 10. The vacation of underlying right-of-way and easements on the property should occur in conjunction with consideration of the final subdivision for this development. 11. The internal roadway/ -service drive system of the site plan should be modified to reflect possible restriction of access to Lone Oak Road per Dakota County requirements. The applicant shall provide proof of cross easements for ingress/egress in a form acceptable to the City Attorney. 12. The developer shall consider implementing the performance measures in proposed Policies 3.1 and 3.3 specified in the Water Quality/Wetlands section of this report. 13. The applicant has submitted a Tree Mitigation Plan that indicates the fulfillment of required tree mitigation in phases as follow a. Sixty-six (66) Category B trees, 50% of the required tree mitigation, will occur on Parcel 1 (1-2, 132), and Parcel 3 (1-1, 131). b. The balance of total site required mitigation, sixty-five (65) Category B trees will occur during the development of Parcel 2 (L1, 62), Parcel 4 (1-2, 131), Parcel 5 (Outlot B), and Parcel 6 (Outlot A). 14. 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. CIAO 15. 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. 16. The applicant shall contact the City Forestry Division and set up a pre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 17. The developer shall dedicate conservation easements around the DNR waters as follows a. A 50' buffer area around DNR #19-0054P (Shanahan Lake). b. A 50' buffer area around DNR #19-0256W (City Pond FP-9) 18. The most recent grading plan refers to Pond #3 being within the15 .no-grade area. The drainage pond shall be redesigned to avoid grading within the 15 2-651! no-grade zone. A vote was taken. All voted in favor. Motion carried: 6-0. Member Dugan abstained from voting on the item. Co) PLANNING REPORT CITY OF EAGAN REPORT DATE: April 19, 2007 CASE: 01-PS-05-03-07 APPLICANT: Interstate Partners, Inc. HEARING DATE: April 24, 2007 PROPERTY OWNER: Loan Oak, LLC APPLICATION DATE: March 21, 2007 REQUEST: Preliminary Subdivision PREPARED BY: Pamela Dudziak LOCATION: 565 Lone Oak Road (N of Lone Oak Rd, west of Inver Grove Heights) COMPREHENSIVE PLAN: SA-O/S, Special Area - Office/Service ZONING: PD, Planned Development SUMMARY OF REOUEST The applicant is requesting approval of a Preliminary Subdivision to create four lots and two outlots for development of a commercial office park upon approximately 85 acres located north of Lone Oak Road and west of Inver Grove Heights in the SE 1/4 of Section 1. 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 contemplated. C~D Planning Report - Boulder Lakes Business Park April 24, 2007 Page 2 D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). 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." BACKGROUND/HISTORY A Preliminary Planned Development was approved for this site in 2006 which includes seven buildings totaling 662,000 sq. ft. The approved use is office, with up to 30% warehouse space in the five single-story buildings and 100% office in the two 5-story buildings. A wetland replacement plan associated with the Preliminary Planned Development also was approved. As part of the Preliminary Planned Development application, this development (then called Lone Oak Business Campus) was reviewed by the APC in 2006. The property was platted in 1964 as Delaware Estates, a residential subdivision. It appears that the plat was later vacated, but the dedicated rights-of-way remain. In the early 1990s, Cray V / Planning Report - Boulder Lakes Business Park April 24, 2007 Page 3 Research acquired the property and rezoned it to Planned Development. The property has been guided for retail, office, office/showroom and research and development since the City's first Comprehensive Gudie Plan in 1974. In 2004, the City reaffirmed the O/S, Office/Service land use designation for this site. EXISTING CONDITIONS The development site consists of several unplatted parcels and contains numerous wetlands (including one DNR-protected wetland on the southeast corner of the site), scattered wooded areas, and a lake on the northern end. The northern 2/3 of the site is within the Shoreland Overlay District of DNR #19-54 (Shanahan Lake), a General Development waterbody. The proposed subdivision has been sent to the Minnesota Department of Natural Resources for review and comment as required by the Shoreland Ordinance. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Single-Family home PD, Planned Development SA-O/S, Special Area - Office/Service South Single-family homes/ PD, Planned Development SA-O/S, Special Area - Gift of Mary site, Office/Service approved but not yet developed East Vacant/Single-family Agricultural Low Density Residential (Inver Grove Heights) (up to 6 units per acre) closest structure to Eagan border is -750' West Ecolab J PD, Planned Development SA-O/S, Special Area - Office/Service EVALUATION OF REQUEST Proposal -The subdivision creates the four southerly lots, and establishes the northerly part of the property as outlots. The proposed subdivision dedicates right-of-way for a new public street extending north from Lone Oak Road through the site, and also for a future east-west street along the northern boundary of the property. Private streets and service drives provide access to each of the proposed buildings. The developer proposes to mass-grade the entire site with the first phase of development. The first phase construction will begin with buildings on Lot 1, Block 1 (110,000 sq. ft.) and Lot 2, Block 2 (48,000 sq. ft.). Airport Noise Compatibility - 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 96) Planning Report - Boulder Lakes Business Park April 24, 2007 Page 4 in its Transportation Policy Plan that anticipates the impacts from the continued operation of the airport at its current location. The current noise policy contours place this site within the buffer zone of Noise Zone 4. The Met Council has recently adopted new land use compatibility guidelines, which incorporate the 2007 Noise Policy Contours. Under the new guidelines, office and warehouse uses are considered compatible in this zone. Environmental Assessment Worksheet - The scale of this development proposal required preparation of a mandatory EAW. The EAW was submitted with the Preliminary Planned Development application in 2006. After the required public comment period and receiving comments from Dakota County, the Metropolitan Council, the Minnesota Department of Transportation, the Minnesota Pollution Control Agency, and the Minnesota Department of Natural Resources, the EAW was brought before the City Council on October 17, 2006, and the City Council made a negative declaration regarding the need for an Environmental Impact Statement. Density/Lots- This proposal consists of 662,000 sq. ft. of commercial office and warehouse space on approximately 85 acres. The Preliminary PD approved a total of 676,000 sq. ft. A summary of the first phase construction is below: Lot Lot Area Bldg. Size Bldg. Coverage Green Space Lot 1, Block 1 11.95 acres 110,000 sq. ft. 21.1% 31.15% Lot 2, Block 2 4.63 acres 48,000 sq. ft. 23.7% 35.06% The two lots west of the new north-south street off Lone Oak Road have been reconfigured from the approved Preliminary Planned Development, but the building areas have not been intensified. The new configuration allows for a more uniform building appearance on both sides of the new street flanking the entrance to this business park, and alignment of the east-west drives that provide access to the buildings in a single four-way intersection. Setbacks - The Planned Development specifies that this development is subject to the setbacks in the RD, Research and Development zoning district. Landscaping - The submitted landscape plan pertains only to the first two lots to be built with the initial development. We have included a review of the landscape plan in this report, however, a final landscape plan will be required for each lot with the Final Planned Development, prior to issuance of a building permit. The submitted landscape plan shows trees to be installed, but does not include foundation plantings, shrubs, or perennials. Shade trees are proposed along the outside perimeter of the site. These shade trees alone will not provide the required screening between the parking lots and public rights-of-way. Shrub or perennial plantings should be incorporated into the perimeter landscaping to provide 75% screening of the parking areas to a height of 3' to 4' as required by the City's landscape ordinance. Foundation plantings also should be incorprated into the final landscape plan. Planning Report - Boulder Lakes Business Park April 24, 2007 Page 5 Grading/ Topography - The site is lightly to heavily wooded and has rolling topography and numerous wetland areas. A majority of the southern portion of the site will be disturbed in preparation for the proposed buildings and parking lots. 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 Drainages 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. A majority of the development will drain to the existing pond/ wetland complexes along the northern and eastern portions of the site (Ponds FP-8 and FP-9). The proposed development's storm water management system is designed maintain existing storm runoff volumes and high water levels in the wetlands. The City's Storm Water Management Plan (December 2005) identifies future pipe outlets for both Ponds FP-8 and FP-9. Public improvement projects providing for these pipe outlets, in accordance with the Storm Water Management Plan, should be approved by the City Council prior to final subdivision approval for this development. Drainage & utility easements should be provided on all ponding areas to three feet (vertical) above the calculated 100-year event high water level. Utilities - The preliminary utility plan is acceptable with modifications. Sanitary sewer and water main lines of sufficient size, depth, and capacity are available along the western edge of the site to serve the proposed development. The City Water Supply & Distribution Plan identifies the need for a 12-inch diameter trunk water main along Lone Oak Road (from Lone Oak Drive to the proposed public street) to provide adequate flows and pressures for this development and future development of the area. The developer has petitioned for this improvement, in addition to sanitary sewer and storm sewer improvements, as a public improvement project. The public improvement project providing for this trunk water main extension should be approved by the City Council prior to final subdivision approval for this development. Streets/ Access/ Circulation - Public street access is proposed via public collector roadway (Ames Crossing Road) to be constructed north-south through the development. This public street will intersect with Lone Oak Road (County Road 26) to the south, and is planned to intersect with O'Neill Drive to the north with future extension and development as part of the overall gz Planning Report - Boulder Lakes Business Park April 24, 2007 Page 6 roadway network in the northeast Eagan area. The developer has petitioned the City for the construction of Ames Crossing Road as a public improvement project. The location of the Ames Crossing Road intersection with Lone Oak Road has been reviewed and found acceptable by the Dakota County Transportation Department as part of access management along Lone Oak Road in both Eagan and Inver Grove Heights. The developer also proposes a private street driveway access to Lone Oak Road in one other location. Dakota County has indicated that the private access meets their access spacing guidelines. Dakota County has also indicated that this access will be allowed with full turning movements until Lone Oak Road is reconstructed to a 4-lane roadway with a divided median to restrict the access to right-in/ right-out turning movements only. The reconstruction of Lone Oak Road is scheduled on Dakota County's Capital Improvement Plan for 2011. The internal roadway/ service drive system should be modified to reflect this restriction of private access to right-in/ right-out movements to Lone Oak Road. A traffic study was completed by the City's consultant, SRF Consulting, to evaluate the Boulder Lake Business Park property and other nearby development proposal impacts to key intersections in the northeast Eagan area. The study indicates that all intersections are expected to operate at acceptable levels of service in 2007 assuming that additional westbound and eastbound through lanes are constructed on Highway 55 (from Highway 149 North and Highway 149 South), and that an additional left-turn lane is constructed on Highway 55 at Lone Oak Road. This study, along with the Northeast Eagan Area Wide Traffic Study (May, 2005) also evaluated the various transportation related impacts and the associated improvements necessary due to continued traffic growth and development in northeast Eagan. With previous development in the area, specifically the Grand Oak subdivision, the City Council approved a condition obligating developers to contribute financially to fund these future roadway improvements, based on the projected increase of traffic generated from those developments. This development should accept the City's determination of responsibility and per acre costs of $4,000 per net developable acre for Northeast Eagan Area Wide Traffic Study mitigative traffic improvements. The financial obligation will be placed in an escrow account with the City to be used solely for financing the improvements. The applicant should enter into an escrow agreement in a form acceptable to the City Attorney and provide the required deposit prior to final subdivision approval/release of the plat for recording. Any unused amount will be returned to the payers within 10 years of full development of the properties within the study area. Pedestrian access will be provided with an 8-feet wide trail along both sides of Ames Crossing Road within the development. Easements/ Permits/ Right-of-Way= The developer should provide temporary public easement over the temporary cul-de-sac at the north-end of the proposed street. The developer should obtain all necessary permits from Dakota County for any work within the Lone Oak Road right-of-way. Planning Report - Boulder Lakes Business Park April 24, 2007 Page 7 The developer has petitioned for the vacation of underlying easements and right-of-way on the property. The vacation should occur in conjunction with consideration of the final subdivision for this development. 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 $0.163/ sf 2,696,634 sf $439,507 Water Trunk C/I $2,500/ ac 61.9 ac $154,750 Total $594,257 Water Quality/Wetlands - Since the review by the Advisory Parks Commission of this project in 2006 as Lone Oak Business Campus, the City Council approved the wetland replacement plan on November 9, 2006. Because consideration of this proposed subdivision is very near to the timing of final consideration by the City Council of the draft Water Quality and Wetland Management Plan (Plan), it seems appropriate to recommend that the developer consider meeting the following proposed policies of the Plan: • Policy 3.1- Require new development activity creating more than % acre of new impervious surface to achieve no-net-increase of total phosphorus (TP) and total suspended solids (TSS) loading or to meet removal performance criteria of 50 percent TP and 80 percent TSS, whichever is more restrictive. This policy (proposed) protects the quality of downstream resources and complies with non-degradation requirements of the NPDESMS4 permit (Staff note: Eagan's MPCA stormwater permit). Policy 3.3 - Require infiltration of the first one-half inch of stormwater runoff from any rainfall event from the entire site of new development activities. At its discretion, the City may modify or waive this requirement, based on consideration of any of the following: 1) soil borings indicate unsuitabilityfor infiltration (e.g., hydrologic soil types C or D); 2) infiltration of the equivalent runoff volume is accomplished elsewhere within the same City sub-drainage district; Planning Report - Boulder Lakes Business Park April 24, 2007 Page 8 3) the potential of groundwater contamination exists due to such variables as, but not limited to, the following: i) geology that exposes aquifer vulnerability (e.g., karst, shallow bedrock, etc); or ii) land use that causes high pollutant and sediment levels in stormwater (e.g., industrial areas, high vehicular traffic rights-of-way, etc); or 4) other circumstances that may affect feasible and prudent implementation of this policy. This policy (proposed) protects the quality of downstream resources by eliminating up to 75 percent of the annual runoff, as well as reducing TP and TSS. • Policy 3.4 - Collect cash dedications in lieu of on-site treatment for water quality capital improvements, at the City's discretion. This policy (proposed) recognizes that it will not always be desirable and/or feasible for development/redevelopment activity to comply with on-site mitigation requirements as outlined in Policy 3.1. This provision provides another alternative to achieve compliance with those policies by financing off-site improvements. The developer should dedicate conservation easements around the DNR waters as follows: a. A 50' buffer area around DNR #19-0054P (Shanahan Lake). b. A 50' buffer area around DNR #19-0256W (City Pond FP-9) The most recent grading plan refers to Pond #3 being within the 25' no-grade area. The drainage pond should be redesigned to avoid grading within the 25' no-grade zone. Tree Preservation - A tree inventory submitted with this application indicates that over the entire 85 acres site there are twenty-seven (27) significant trees and 979,046 square feet (22.48 acres) of significant woodlands in the inventory. The significant woodlands on this site are comprised mostly of softwood deciduous trees such as elm, boxelder, and cottonwood trees, along with scattered areas of conifer trees and some areas of hardwood deciduous (oak) trees. According to the Tree Preservation Plan submitted, significant tree/woodland removal will occur over the entire site during initial site development and will result in the removal of twenty-two (22) significant trees (81 % of the total), and in the removal of 489,687 square feet of the significant woodlands, (50% of the total). 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. Required tree mitigation calculates to one-hundred thirty-one (131) Category B trees. The applicant has submitted a Tree Mitigation Plan that indicates the fulfillment of required tree mitigation in phases as follows: a. Sixty-six (66) Category B trees, 50% of the required tree mitigation, will occur on Parcel 1 (L2, B2) and Parcel 3 (L1, B1). 9~ Planning Report - Boulder Lakes Business Park April 24, 2007 Page 9 b. The balance of total site required mitigation, sixty-five (65) Category B trees will occur during the development of Parcel 2 (L1, B2), Parcel 4 (L2, B1), Parcel 5 (Outlot B), and Parcel 6 (Outlot A). Parks - Because of the commercial land use designation in the area, and subsequent lack of existing or future residential elements, the park systems plan does not identify a need for park land in the Northeast area. Thus, park dedication should be satisfied through a cash dedication. Payment should be made for each lot at the time of building permit issuance at the rates then in effect. The commercial park dedication rate for 2007 is $1,737 per 1,000 sq. ft. of building. Trails - This development is subject to a cash dedication for trails. Payment should be made for each lot at the time of building permit issuance at the rates then in effect. The commercial/industrial trail dedication rate for 2007 is $1,251 per net acre. During review of the Preliminary Planned Development in 2006, a number of trails and sidewalks were shown on the plans, some of which were designated as "future." In general, credit for trails in lieu of cash dedication is considered on a lineal foot basis only for those trails that have "public benefit," are built to City specifications, and/or are requested specifically by the City. Trails and sidewalks considered to be primarily internal to a site with minimal potential for connectivity to the City system or of low recreational value are not considered for credit. Credit may be considered on a lot by lot basis as the development builds out in phases. It is a policy matter for city officials to determine whether the trails will provide a public benefit and also whether to require dedication of the trails for public use as shown on the plans. If desired, the city may wish to require dedication of all or part of the trails at this time through a trail easement, in a form acceptable to the city attorney. The city can then determine what portion of the trails it will permit the developer to construct. SUMMARY/CONCLUSION The applicant is requesting approval of a Preliminary Subdivision to create four lots and two outlots for commercial office development upon approximately 85 acres located north of Lone Oak Road and west of the Inver Grove Heights border. The development site contains several wetlands and a shoreland protected lake as well as scattered wooded areas. The development proposal consists of seven buildings with 662,000 sq. ft. of commercial office and warehouse space. There has been a slight modification in the configuration of the two lots west of the new Ames Crossing Road. The number of lots and intensity of development remains consistent with the 2006 Preliminary Planned Development approval. In 2006, the City Council made a negative declaration on the need for an Environmental Impact Statement, and also approved the wetland replacement plan. The applicant has petitioned for vacation of the platted right-of-way from the 1964 Delaware Estates plat. Planning Report - Boulder Lakes Business Park April 24, 2007 Page 10 A Final Planned Development will be required for each lot prior to issuance of a building permit. The proposed storm drainage and utility plans are acceptable. The size of the development and its proximity to existing wetlands make it a candidate for "low-impact" development (LID) techniques. The developer should consider complying with the policies of the proposed Water Quality and Wetland Management Plan. The site will be mass graded and tree removal will occur with the initial development phase. The areas of the site that will be dedicated as right-of-way are exempted from the applicant's tree inventory and mitigation responsibilities. Mitigation is to be accomplished on each lot as it builds out. The initial construction of the first two lots will provide 21 % of the required mitigation. The development is subject to cash park and trial dedications. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision to create four lots and two outlots upon approximately 85 acres located north of Lone Oak Road and west of Inver Grove Heights in the SE 1/4 of Section 1. If approved, the following conditions should apply. 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1, B2, B3, B4, C1, C2, C3, C4, D1 and E1 2. The property shall be platted. 3. The final landscape plan shall incorporate shrub and/or perennial plantings into the perimeter landscaping to provide 75% screening of the parking areas to a height of 3' to 4' as required by the City's landscape ordinance. 4. The final landscape plan shall also incorporate foundation plantings. 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. Public improvement projects providing for pipe outlets for Ponds FP-8 and FP-9, in accordance with the Storm Water Management Plan, shall be approved by the City Council prior to final subdivision approval for this development. Planning Report - Boulder Lakes Business Park April 24, 2007 Page 11 8. The developer shall provide temporary public easement over the temporary cul-de-sac at the north end of the proposed street in a form acceptable to the City Attorney. 9. This development shall accept the City's determination of responsibility and per acre costs of $4,000 per net developable acre for Northeast Eagan Area Wide Traffic Study mitigative traffic improvements. The financial obligation will be placed in an escrow account with the City to be used solely for financing the improvements. The applicant shall enter into an escrow agreement in a form acceptable to the City Attorney and provide the required deposit prior to final subdivision approval/release of the plat for recording. Any unused amount will be returned to the payers within 10 years of full development of the properties within the study area. 10. The vacation of underlying right-of-way and easements on the property should occur in conjunction with consideration of the final subdivision for this development. 11. The internal roadway/ service drive system of the site plan should be modified to reflect possible restriction of access to Lone Oak Road per Dakota County requirements. The applicant shall provide proof of cross easements for ingress/egress in a form acceptable to the City Attorney. 12. The developer shall consider implementing the performance measures in proposed Policies 3.1 and 3.3 specified in the Water Quality/Wetlands section of this report. 13. The applicant has submitted a Tree Mitigation Plan that indicates the fulfillment of required tree mitigation in phases as follow a. Sixty-six (66) Category B trees, 50% of the required tree mitigation, will occur on Parcel 1 (L2, B2), and Parcel 3 (L1, B1). b. The balance of total site required mitigation, sixty-five (65) Category B trees will occur during the development of Parcel 2 (L1, B2), Parcel 4 (L2, B1), Parcel 5 (Outlot B), and Parcel 6 (Outlot A). 14. 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. 15. 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. STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staffs 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 volume 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 Dedication 1. This development shall fulfill its park arid trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing 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, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. 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 LTS#S STANDARD.CON Eagan Boundary /V Parcel Area Location Map Park Area - Building Footprint V MENDOTA HEIGHTS o P O i • s- ~ yp•r~.-r r-etr-r 7\UI~ 'F N L W UJ v a W o ~ a s P ~ ~ > *to - . r► Subject Site • i 4 - all s 4 S M ~ ■ ' ♦ . dr . CO MWY. N0. S• ~ ' ~ L.-M- 0 1000 2000 Feel Development/Developer. Boulder Lakes Business Park Application: Preliminary Subdivision Case No.: 01-PS-05-03-07 Map Prepared using ERSI ArcView 9.1. Parcel base map data provided / D N pit(] f]~ by Dakota County Offlce of GIS and is current as of April 2005. THIS MAP IS INTENDED FOR REFERENCE USE ONLY My of LQ~UII W E The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are S Community Development Department not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Boulder Lakes Business Park Land Use Map Preliminary Subdivision 01-PS-05-03-07 Zoning Map Current Zoning: PD PD Planned Development Subject PD Area ))PD A coo t am 1200 F..t \ p Comprehensive Guide Plan \ Land Use Map / C> SA SA SA Current Land Use Designation: Subject Area SA Special Area ~ S' SA LD-Reaideotlal .p SA- O/S 600 0 000 1200 F.N SA- K LD-Realde tlal mmad 1 3~,: 7 Parcel base map Information provldedby Dakota county Land Etrvey Departmatt Dectnbr 2003. N 40' My q Zoning information maintdned byClty E4fY 1//~/`/`/1 W~ E City of l Eajqn a I THIS MAP IS INTENDED FOR REFERENCE USE ONLY I The City of Eagan and Dakota County do not guarantee the accuracy of this Information. S {y I9. I dij ~P Fd"~,'t a rt ~t y,t3 r: a i t ~ lfl^ :'sic :Yy-~ 9'~'~~.3'+'~~„-r ~ ~F 'n k~ i • ~ i y' ! " ij /+$TfF't' ,.fi { { ~krt 1P ~}.,M1'j~,' nt n .-.f~_t ~+rw.rA' . ~ t ! •.,,„~~R ~ y F t r ts~~ ~~vl 95~ ~Itr(~ 7 i br ~yq n9*~ x` ~m S ~i t s t - u~' y..I.Q ro ~ ~ * •lt } _i_y a Y ~ t ~ ` `°a _ _ P i'°'" t ~ MR- ' Y ~ ~ err ~ M r i I ¢ F t b s R! t ~ (zrr ~ si -Nk ""+S>, YY yY[r +kl: µ ~y d h4 ~ b`~`e~ ~.j~ar ~.Y „ r. Y ypMy^.Y'1~~'i'C ""tai: 'J,.w)•. ~iJ-,~Allvo Y ~k 4 ! l' "Y 4 4 Mx /.y~.1 NiC A1~S f-a^ I- - `G`~ .~}I{'~ , td+ihF'~k ."*FG tf~, JIY4 ;43,i4tH a fq~`* t<r'.+s,'"s"'.^^+.c1 l., :•b?i~ t~"fY-'t i nt & ' t r srwro?,~ "'a=~n~ 'S~~`Z.q`- a z•'T°'~, ~t ry ~ - t>se{ ci ~ tl°- th~( f w S ;'k Mtr. 'fir 4 tea. qFits a ~ ~r yf yly~ivy, . ,fit. b4 r- a i~&KY. r 4~`'°'~y'* -...s=~ 'cap "AA y~~ d'_ "'t L~' '.v 5 _ fl~ l S .x.1,1 ~ ~ I o 7R eCd O Z - ~ i .00, s44k,j kill ar li ~E~~➢ .TY71 g t f ~ m to x F R K f > x a Z s PRELIM. SITE PLAN r sF @y 41119 N HOC BOULDER LAKES^ ~z ~ p ~ m~ - gf '~T ~ p 1-11; BUSINESS P/f` UU S R° € g° / '~5 3d:E C A!'! 6 xi 11/N So3R ::a ~-~I 31 Y4 4 A$ 0 0° g g /V AA L"' Ya~g33q~' tl a g R R5 kg~g $ Z zpFa9 dnnS Sn v3v 1 v~11 S fl 9 ag3 ~3? _ gO~QSC33~tR a C! Fx S3A`dl 213d1 nO8 aZU ~YYe p,gtL J ' y _ eau<aA rt~< 0 3SVHd) NV-1d 311S z -I Haut ~ I I I I I I I I I la ~I - a[vui w.n R ~I caw 1 21 3 t [ Y t r-.o IL~ \ FM. 6 V \ ~W%CNOdYI F[ \ m= %Nww saw a I it it I I ~ I I I - I I 1 1 I I § - F 1 I \ b ~ I I S~ 33 - - II Xp g S r t._ I R C t'3 ~ ~ L. I e Y ~ =fill it 1; 8 a a 1f\ I I a WpyV 9R 34lz . \ I I b ~ c ~3~SRY9z gg~1~$ Y YI~N~ N~ c 3Z a c~ w -~1' NYX igYg~ ggs` I a t e w =p u u S S 3 N I S n 8 . , V3-LN3D S 1 H 13 H N `d `d 3 11 ~6;€t. W- o g s Y ! 6 @Yg yag pII $$t r FO<S:` 6 ii~iL4`!t f i S b 8 t d°€ •v< u J S° 8g °aa p $ 8 ;a Ona ~ o X 't ggo~3,a°3 a ?sogMfa 3 3~tIt~ # 1. T a 3 S ire ~a N tF P Y S W -.1 W u R. a a asax E ~ @~ 3 g~sg I ~ 5 F ltJElE 99cM 1 1N J ~ Y t i Z! i! Z +3 w gp~e~ ;,.333 V ELL yg g s9t zt11 s"g~ Q °rY77Y =~3a~. E 3 ue Yn 't -j z E ' Sg a• l i- pY s 9 to if fill .33.~i =I .if1215; t; E' 8g ga 2 t ?g3 p a 8p@ fill Y;IRe1fi r t~YR YE~@ p3i; N 1 ~ r _ ~P?2~t~ 3 eP o g a@!CE 5Ee? n o N_ N c+i C Ol M cti J RiF 'tea cara aarv ~ , g - - a-- ~ ~ al 3 r, ~J! I < xoF )I b `dd S S 3 N I S n a €ly. 51g` w g m Q(L Fx ~ S3'AVl ?134lnO8 1!s•g.y : _ ~zU p ege m wa:u au g ~ F m-s; i I % €a &&bsa m g g 7 I 4 3SdHd) Ndld 3ddOSCINVI "w1-13ad MINI if 11:11 , In ig Lau, Wave yy \ m a3 „ K010 4~%N . LM Air - 06 l$1NI~1~ _ _ • nu _ ~ N ~rii r j ~ Z m ZIP i - LLI o! c a D D D I:;;o pg pg8 ia ! rc ~I~ pppl+~! ^ a~ o 4€3!lE31~1 F4F A_ 'au e:~ b'd ss 3 N 1 s n a rc.'g m w> Fx- ICOS 3 7! l 213 a l n O 8'~ js,€n r `k=m`q8° F x, ' i N a Nd]d NOliVAH3S3ad 33 11 INI-13ad - e i Li a Piz N d g LLI Q LLI W - _ a file - N" S \ E - /I s i $ °o W 0 J r g ~ ~ xoH N b `dd s s 3 N I s n a III I ~ III ~~Z tpZp, 0-1, 1 0 IL _j azu _ WS3-AVI 213dlnO8 $ ~ ~ ~z ~ , s € 1 6 E5 Oa ~'ap~ egg E s U 3SVHd) NOUVOIlIW 33»1 'WIl3Hd a„ a 141 10 1 ~8e@qa } - - - - - - - - - - imd. - 1.1 Y~aA a - - rr. ti sNlmine a3 T. f o i Msij MIMI: E ff ILL1 l 9NIQll~n6._$ .11 e Q Z i - - + a w-m 8 (mil - ~ eo c f7 II~~II~1l~3 ~aF fin y ~ ~d~ Q/ ..f a Y9 ~A n U $ ` Na S ida y g `a S a 'oa 'a F~ J~/Z S S3N A'I sn ne UL I yFx I - . S 3 A b -1 J 3 a I n o 8 F ~Zrj~ $~3Q$~$W3Fa^ 7lyp- p 3ffi° x F.~6 a >i~Hia7~9 i"dR! 8 8 3 ° ~c AHOIN3ANI 33a1/SNOI-LIaNOO JNUSIX3 ~ If s~ Z I I II r 14f (III 1 ! 1 1 : Ln C - 'sagsa orE la..a ea I ~ rifm Y ;off I I1 I 1 S: `D - -s:~ a= ac ; a e~ 1h I U, g 9.9 f: LA 10 fill E e - i /eA :Ai X:A~ aY i~ 44 I ~ _ 9 3g~a ~ gig g99 I k~L F - 3 ~ t - p°a~ Y~ I;i4YfiYg Z sasses~~ t `t sS~A6gq F6`~ai W S ` b` 488 i~ e' +A 11 - ! "lei 6q~ ~ i Him a ` ~ E ;9%a-ppy I t t, ~ ~ ' Y 3 ~ tl to it II ~j A~ _s - Iry l AIA KCT I I ~ a I r = n } ~ I I~ E 4 . slaona6 rwo iW5 „ niuo, l I ' I 17- .v B3'7 ^'J^M t.L^.e 6J 77 77F. 171 1 3 Bt l s s ~0m a9t 0 >~Vd SS3N I Sne 8 ISM y~ a S3AV~ 83ain0 Fie ~ : ~ ass:Y$! ~5~1!~# ~ ~ a - a a ; a I -id 'W113bd I Z 4 ~ rtr~u++aavraarn ~ j W1CC{ 3.t0.iS.6B5 UI+wn N.M aan..-..-. sV I ~~a ° 4 ~ I S I 'I IN4 Cz 3Y' ,3~1 as I hit INNER8 1 F2 93 pq # ae m a .,e 3 ii ~':a 'a S \ ^n J 3 S~YQ Q g 3 ~ I D -r-- - y a Q ; ea s I ~ ~ / 111 1 X60 r','/ i~ I ~ I ~ ~a I,~: a 3 ~ i J - /i ~ I I ! ~aRay~l~.; ~Y1 +~1 ///6 I 33 9ai9ap' 9"D7tpppa i P \ ''may i ~ I V// I 2a' 3~1j i 0" 11. / l 1-111,31 ~ > ,1 I III ;r-- «I . Yn -i'! a" *rpa. raaiai;poa i I I I E I earl I - -------------~---',~-----1_ -------J I ILL ('021 HVO 3NO- 9Z 'ON 'H'V'S'O 02! HVO 3N01) 9Z 'ON 'H'V'S'0 3 g~ oN 8ns and /QdvvW A0 i~10 w~u 8a ~ a A[Ni `1~IFlova - g a q~ iii $ a n a ~0N Y. V/ d s s 3 N i s n s y~~ :fin y .v 8~ a; $ 6 g y z~ s 3 e 3 a -in o e ~ pal ~_3~3 ,i~~ ~Oa '9: 'T3 S g92#=a 5 9 Y - - Eli F-6 ^ s ingil~Y Ii a a s ; t~ NVIJ JNIOVIJU M113Hd o pF, ` J p1 /r P I of a z~ iI ~ I V I 1 I/ l- R i IL.. 3 77 4at T' gg qq a r _ P ~8~ ark a - 3 9 3g p ~a m ay 3F i T~ 8 e -39 SYf~ b 'i . » i Qa d~ Fa fig, I i ~e 1 n . s d . i i I•. 91 Fii • c 1 i _ i . !i9 i it 1~s~--= - _ - - __-5F mrm $ ^ M lit / W 'NIVrJVE I a J x S f18 syge gYn3Qa s a$ a S 5± S 'a $ i S S 3 N I U WjAa)V4V(d1 y a3aiIIQ O i-~a g , 7a Y$q ~q~~~X of ~ z o a ~ n° a Nd]d -1081NOO NOISOa3 -Wlldad 4 e 94 WET A Iii Ta r lit! e! ee['¢§d n ~ t9~ C>3 SIT lm X jqYq ggggY a LLJ II I i I f~A I ♦ ~ - ~ Q~ iii - , - ~~na• t ~ 0 vr' , F ~ FEIC s: I { ~ ~ 1 i I'7 - ~ ~qq SY - 1 ~ t\ - .11 ICS 3 dpi- I i , I 1 ion: --i J L^-E C .Fri 1 8 wu raga S S 8 N I s n 8 ZU ilew .g'~ y3qgg b go cpg g E u~ a s= U NV]d Jllnun 'WIl3Hd Z ~ r a~_ l I w'° 1 J =m =A J I p - art / }i ¢ r°- OVOY If103Kn L.T -rr A ~wF , 9Y V / / MIN `mv0vg xOtw- n Y d S S 3 I V I S 1 1 m$ g Fo'a b 31 g~t~ 4~~b S 7 Y i 8 n'~ k~' s«s a 00 N F.u S 3 I V ~ 8 3 a ~ n 0 8 2u $ = a t a a ~~dIII m - - a g 3 ffi~ °u4 F= Fla c IaghN H10.19Y I j a o a F a {Z911' to 1) NV_1d A_Lria l H I $ 3 y \ wzeE ZIIA 1 ~ ei 8~py~a ..'S~ 111 ~ a~ef arlod 1 1 ~I xs ~Ayyy '1 er INN uu..• ~c...~...ccvw~ccc ~cc zc c cc xxz.ti,cu. LL STL6 A ~ n rv 1 > ~ nsrA. Aol rwilra ~8~ « _ I: aabsxfi.l.l 3 x r--..l » <C mj ~ !7 6~ 1401e _ - _ ~ ~16 A~ B~di~Y~R G j~e I' 1 i ^s la ~ ttt i ~ y W~qu411 i gy I ,I ,I. J ` ^ \ £ Maine ^ b3~ a~ I 1 1 ~L c W 1"- T1 9ita W s rCrIY.X.W - vrC:~ r r[j• i9 s the 9a ° 8 « aue om s9w 8 4---+--+---~--- W ni ¢33 IL 1 ~.i--F I i- 1 S I ~ - I ozoe $ $ r ' «n } ozoa aF /L >~t n ~ R °l W YV IS eq °d a u.son Jy - ~lio Is a4 ifs x5= ®n y; ! we p y QQQ{ y~ y~ r 3 ~ y S ~ ~nl xP9~ R. Z# Maine Nil ~ yxy1 r g9 .Tae ~ E sl « ~ ~ a LL n I k ~b~y& s flip, n oa 3 i ~ sA ~ k~z~~ Y figF ~p otoa e I - Pin 4 Vy° 0a LLO 133HS 33S N [l m E 90.14 SE€ _ E - gx- -1 > ` -ay rn c Cg° » » » » (2 @g€€€p€ x £lf9D1. ~y ^E 5M5€~~ ecY ~ / I °G / J p Pri ~s 4F II~EER~~k ss S 'NMI x :B i ,se+~p R' ON ~ 913.1 P- yy G na "S / , 913.1 / pi~ 14 e / I ~3 \ O ~ O 9s 11 aG n i wi mzao Q ~y C€"Q %3.1 $ Npt epe.35 lu` E Q %D. V °g u 1 rzn , r = cc co O GW ,3 Cc ]9 no.o gFp 9.Yr ~ ,os G 4Y~ c\ c ~~~fpfd gx Yt2] If ~a; Cr ' ' O f J 9ov.o /M..5 [ R g - p N gF 9u.e n %os ~S~ ~ x rc 90p. U o PIN gn. o\ N8 c IN 6~~R FUTILITY PLAN (OUTLOTS A&B & 1-2131) Y S_ Rg¢ S &~gSxR€ _ J r pi„ 9~H All C ° s C3 Rl~`i gqq s 91&~y a y gES~S #g S~ 6 fe~ FEE S 9 gg oz .zv 4g 0 am 11 ~ ~ R: R6.~Ei. R xy R€° B O U L D E R LAKES -ALL g~ € 8-i 8"~~ O R oFR s m i. R F BUSINESS P R :gig ~x 9< $ o a zRki ~8 R s~ ~m I F> J N & g~ R f / EAGAN, MN "gg N~~ wa~ 8a. 7Y NW `NVDV:R "gags `a if t >1 0 d d S S 3 N I S n e ` a o =o,. a GC 0-1 _ ;,LL- S3 d ?34_1(108 s; S Ya r y ~zu ~~A °ar B=flS as ~4 F I 4 - r (d 1011f10) NVId Alnun ~ ~ owe I L Q alb ~ T 11 6~~~~~SU wI~ n I.s j' +~ri r rca I 1 v 63 l~ ra ull \ ~ SZ'eBB ~1R1N W wY S v Nitl pOZ.e ~1N = ~y~~~sF9y I ' I e~8~ ~ eg8i ~g 3$3 _ ~ag~Y pill, / allgggg Alh FE ~ a A (:Y l Wau $ss g a / AIIM1I `TId`Jd~ a ~a ~ ` - ~ ~ ~ N ~ ~ 6 ~ W o~ d s s 3 N I s n 8 Y~~} p.;~s ¢ s"$ Fx 4 ,iEf! u~5s~ ~Cppdp~p5 7 T u`'6'~ ~i F ` (ZGZ-I) NV-Id J IIian Y e 31: 1. 16 t j. - z3 I i all ifi. 6 *53 99 4a~~ as @ Asa a s 3f 4 a s $g 51'35 1a I@°b€ b g ON Wii M y sit; n 141 >E 90 L33HS 33S ~=`a9ayp} 20e ~S WHIM Re IJ sNlmina ~ ~x€a n ~ I p$~p7 - ~ 1 1 ~ 1 i i- a gg ~o_cxc _ _ _•x.~ a.ccctirr..:r__cc I . C• mgr 8°" 1~IY\I `AIV2Jf 3 ag~a - iY >'~u £".E ~ ~ X11 .fie" Y3~$ ¢e eyg~a3 m R ~ ~ a `aa ~ ~ N~! =E (r/VIVO SS3NIS(184g5'YYgj$° - A< ZU e aP SIHO13H NVOV3 q .~_3a 3 Fx 4 a s R S .°y.' ~Oa J i 11 i g5a iax ie c 1 i Fla v ~ ~ 'aaa"sY~s" rifl~g? ~ $ a & a ~ NVIcI NOIIVE)I11W GNV-113M y I II ITS U ly iq ``4 fl r n ! ~ I 1 l d 3$ .I '/111111 _ _ v 1 o 7 77 J, H! n10 . I I / K t3Y~ f iii ,[~1y I ~"~y - 4ee 77 H. NO LL C' T U S H I E MONTGOMERY ARCHITECTS REVISED PROJECT NARRATIVE BOULDER LAKES BUSINESS PARK Formerly EAGAN HEIGHTS BUSINESS CENTER Formerly LONE OAK BUISNESS CAMPUS April 4, 2007 Request: Interstate Partners / Loan Oak LLC is requesting that the City of Eagan approve a Preliminary Subdivision of the approved preliminary planned development fro Lone Oak Business Campus to create four (4) lots and one (1) outlot on 85 acres located north of Lone Oak Road West of Inver Grove Heights in the southeast'/ of Section 01. This will allow the developer to construct two initial buildings, one containing 110,000 square feet and one containing 48,000 square feet. Comprehensive Guide Plan: Existing: O/S Office/Service Proposed: O/S Office/Service Zoning: Existing: PD Planned Development Proposed: PD Planned Development Existing Conditions: The site consists of several unplatted parcels, scattered wooded areas, small wetlands and one shoreland waterbody on the north end of the site. Surrounding Uses: The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Single-Family home PD, Planned Development SA-O/S, Special Area - Office/Service South Single-Family homes/ PD, Planned Development SA-O/S, Special Area - Gift of Mary site, Office/Service approved but not yet developed East Vacant/Single-family Agricultural Low Density Residential (Inver Grove Heights) (up to 6 units per acre) closest structure to Eagan borer is --750' West Ecolab PD, Planned Development SA-O/S, Special Area - Office/Service Timing / Phasing: Our intent is to start construction on buildings one (1) and three (3) in August of 2007 with completion eight (8) months later. Building one (1) will be a spec building, building three (3) will have an initial tenant consuming 70,000 square feet. Buildings two (2) and four (4) will be ; build-to- suit buildings when one (1) and three (3) are fully occupied. s' ~ RECEIVED APR 0 Site Lighting Plan: A site lighting plan will be submitted at the time of final Planned Development. Trash Enclosures: All trash containers shall be inside the principal buildings. Mechanical Equipment: All mechanical equipment shall be roof mounted and screened from public roads by roof parapet walls. Building Signage: Signage is being proposed on two entrance monument signs and signage on each building for tenants in the building that will meet City Ordinances. A comprehensive sign package will be provided at the time of final submittal. Park Dedication: A cash contribution will be made to the Parks. It is yet to be determined what portion, if any, of the on-site trails created as part of the overall site will count towards the required Park Dedication fee. Water Quality Requirements: A stormwater management plan has been submitted based upon the previously approved stormwater management plan. See attached letter. Wetlands: A wetlands inventory/replacement plan was previously submitted and approved by all governmental agencies and is in compliance with the Minnesota Wetlands Conservation Act. See attached letter. Tree Preservation Plan: The approved Tree Preservation Plan reflects 206 category 'B' trees required for mitigation. We have submitted a revised plan that saves additional existing trees based upon the proposed development which reduces the required amount of category 'B' trees to 119. The landscape plan reflects the addition of 66 mitigation trees or approximately 55% of the total site tree mitigation required. Building Coverage: The approved masterplan allows for a building coverage of 396,000 square feet. The proposed Phase I Development Plan reduces this slightly to 382,000 square feet. Green Space: The approved masterplan allows for 48% green space for land within the shore land impact zone. The proposed Phase I Development increases this to ±53.4%. The approved masterplan also allows for 25% green space outside of the shore land impact zone. This proposal provides 33.5%. Building Heights: Building heights allowed for the Phase I -Buildings is 35'. We are proposing a height of 25' for the principal building and 30' for the building design features. l0,44-0' Agenda Information Memo May 15, 2007 Eagan City Council Meeting C. COMPREHENSIVE GUIDE PLAN AMENDMENT - CITY OF EAGAN ACTION TO BE CONSIDERED: To approve (or deny) Comprehensive Guide Plan Amendments to the Land Use and Parks & Recreation Sections of the 2000 Comprehensive Guide Plan. REQUIRED VOTE FOR APPROVAL: Super Majority of Council Members Present FACTS: ➢ The City Attorney has suggested that the City initiate an amendment to the 2000 Comprehensive Guide Plan that would correct an oversight on the Zoning/Land Use Consistency Matrix found in the Land Use Section and provide clarification in the Parks and Recreation Section that privately-owned recreation amenities are not considered part of the City's recreation system. ➢ At its Special Meeting of April 10, 2007, the City Council discussed these two issues and on April 17, 2007, the Council directed staff to initiate the attached amendments. ➢ The Zoning/Land Use Consistency matrix (Figure 3.5) inadvertently did not include a column for the Parks Zoning District. The text of the Plan speaks to the Parks Zoning District and the matrix needs to be brought into alignment with the text. ➢ Clarifying that privately-owned recreation amenities are not considered part of the City's recreation system requires a modification to the Park and Recreation System Map (Figure 7.1) located in the Parks and Recreation Section. ➢ The Advisory Planning Commission held a Public Hearing on April 24, 2007 and they are recommending approval of the amendments. ATTACHMENTS: (3) April 24, 2007 Draft APC Minutes on pa e 2y . Staff report on pages through I I Updated Zoning/Land Use Consistency Matrix on page )77, /23 F. City of Eagan Applicant Name:City of Eagan Application:Comprehens ive Guide Plan Amendment A Comprehensive Guide Plan Amendment to make technical corrections to the Land Use and Parks & Recreation sections of the 2000 Comprehensive Guide Plan. File Number: 00-CG-02-04-07 City Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated April 12, 2007. He noted the background and history. 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. Member Chavez moved, Member Keeley seconded a motion to recommend approval of a Comprehensive Guide Plan Amendments to the Land Use and Parks & Recreation Sections of the 2000 Comprehensive Guide Plan to include the copy of the matrix and map included in the Staff report. 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 stated a Planning Commission Workshop would be held on Thursday, May 10, 2007 at 5:30 p.m. VIII. ADJOURNMENT Member Keeley moved, Member Feller seconded a motion to adjourn the Advisory Planning Commission meeting at 9:05 p.m. A vote was taken. All voted in favor. Motion carried 7-0. Respectfully Submitted by: Dana Keeley APC Secretary Camille Worley Recording Secretary PLANNING REPORT CITY OF EAGAN REPORT DATE: April 12, 2007 CASE: 00-CG-02-04-07 APPLICANT: City of Eagan HEARING DATE: April 24, 2007 PROPERTY OWNER: N/A APPLICATION DATE: April 11, 2007 REQUEST: Comp. Guide Plan Amendment PREPARED BY: Michael J. Ridley, AlCP SUMMARY OF REQUEST To approve technical modifications to the Land Use and Parks & Recreation Sections of the 2000 Comprehensive Guide Plan. AUTHORITY FOR REVIEW The city's Comprehensive Guide Plan was prepared pursuant to Minnesota Statutes, Section 473.864. As defined by statute, the Land Use Plan is a guide and may be amended from time to time as conditions change. The city's Guide Plan is to be implemented by official controls such as zoning and other fiscal devices. The creation of land use districts and zoning is a formulation of public policy and a legislative act. As such, the classification of land uses must reasonably relate to promoting the public health, safety, morals and general welfare. When a change to a city's Comprehensive Guide Plan is requested, it is the city's responsibility to determine if the change is in the best long-range interests of the city. The standard of review of a city's action in approving or denying a Comprehensive Guide Plan amendment is whether there exists a rational basis. A rational basis standard has been described to mean having legally sufficient reasons supportable by the facts which promote the general health, safety and welfare of the city. EXISTING CONDITIONS Land Use Section - The Land Use Section of the 2000 Comprehensive Plan contains a Land Use/Zoning Consistency matrix (Figure 3.5) that inadvertently omitted the Parks Zoning District column. The text, however, speaks to the Parks Zoning District. Parks & Recreation Section - The Park and Recreation Section of the 2000 Comprehensive Plan contains a Park and Recreation System Map (Figure 7.1) that lists Camp Butwin, the three golf courses and the West End Gun Club as part of the City's Park and Recreation System Map. /2,0 Planning Report - Comprehensive Guide Plan Amendment April 24, 2007 Page 2 BACKGROUND The City Attorney has suggested that the City initiate amendments that would correct the oversight in the Zoning/Land Use Consistency Matrix by modifying it to include a Parks Zoning District column to align with the text of the Land Use Section and modify the Park and Recreation System Map to clarify those privately-owned recreation amenities are not considered part of the City's recreation system. At its meeting of April 17, 2007, the City Council directed the preparation of these Comprehensive Plan amendments at this time. The Council also indicated that it would be appropriate to include a summary of privately held recreation amenities (i.e., Camp Butwin, golf courses,.Lifetime Fitness, Gun Club, etc.) in the Parks and Recreation Section of the Comprehensive Plan update, which is in process, but with the distinction that these amenities are not part of the City's recreation system was important. SUMMARY The proposed amendments will correct an oversight in the Land Use Section and make a clear distinction in the Park & Recreation Section of the 2000 Comprehensive Guide Plan. ACTION TO BE CONSIDERED To recommend approval (or denial) of Comprehensive Guide Plan Amendments to the Land Use and Parks & Recreation Sections of the 2000 Comprehensive Guide Plan. O O O O 0 0 0 O • • 7 V 4 P v _ N` O O 0 0 O C 0 • O O .i L u C L - R O O 0 0 O 0 O • O O ;`L O 0 O O O C • O O C o- E C 0 0 0 0 • 0 0 0 a qz= 0 0 0 O O • 0 0 O O e =n Cac 0 0 0 0 • 0 0 0 O ~ c - L n' U 56'`- 0 O 0 0 • O 0 0 0 00 U O 0 0 0 • 0 0 0 0 U ~ e ~U Ci s z Z ~ C u u ~ a=° 0 0 0 • 0 0 0 O O -n c 0 _u U 0 • 0 C O 0 0 0 0 x` ti ~~0 0 r _ - N .y t'Q • 0 0 O 0 0 0 0 0 0 • ~ O O O O O 0 O O G CL~cc U) H ~ U wr • 0 0 0 0 0 0 0 0 0 s , an ~ 3 h ~ •N L C ` ~ ~ (.1 r-, Q u r l R Vl V y L) 9:6 0In V L d ^Q A v S O u E m O R o 0 0 N N Z O D U U o a C N a , S o vU ca Z= - •ah 0 l / 2- 7 i r~1 1 -e,1, , r ti J 1 r IF7 tC R i ~l jT I ~~e ~ ' [ i .i L J"~-try ' I • 55~~ t f ~gggg 1 ~ < 11L rrT came If if 9 t# n Z m 0 a 2~~C > ~F :a e E ~a o 7}3 ~w ~v1 a an es ~ i E 7 @^ v o'} E y' i: m psg g =R ! = Sian ® c~°6 0; a m R o m¢ ° i jfl m P SGT m R L I~ Y1 Map Date Aupu.t 25, 1999 C" of Eagan Park and Recreation System Map M I N NE SO TA Figure 7.1 ColMn/Mty Dsra/opment Dep.Iblallf 2 V Agenda Information Memo May 15, 2007 Eagan City Council Meeting D. RESOLUTION CREATING A FUND TO BE DESIGNATED AS THE "OPEN SPACE PRESERVATION FUND." ACTION TO BE CONSIDERED: To approve (or approve with modifications) a resolution creating a fund to be designated as the "Open Space Preservation Fund." FACTS: • The City Council has determined that a 2007 - 2008 goal would be to "Continue to pursue the conservation of green and open spaces in the community by further developing the Eagan Core Greenway and by working towards the creation of an open space preservation fund." • The Public Works Committee was directed to discuss a framework for a potential dedicated funding source for the acquisition and/or preservation of open space. The Committee met on April 24, 2007 and directed staff to prepare a document incorporating parameters, potential uses of the fund resources, and a transfer of "seed money" from the City's General Fund. • The Public Works Committee met again on May 8, 2007 and reviewed the proposed resolution as prepared by staff. The Committee directed staff to place the resolution on the May 15 City Council regular meeting agenda for consideration by the full Council. • An update was provided by City Administrator Hedges and City Councilmember Bakken to the full City Council as an item of Other Business at the special City Council meeting also held on May 8. • This item could be referred to the Finance Committee, if desired by the Council, although the primary consideration for that referral had been the potential designation of development related revenues as a revenue source for the new fund. That designation is not permissible and is not being contemplated as a funding source in the resolution as currently drafted. ATTACHMENTS:. W • Enclosed on pages I and 131 is a copy of the resolution creating a fund to be designated as the "Open Space Preservation Fund." CITY OF EAGAN RESOLUTION A RESOLUTION CREATING A FUND TO BE DESIGNATED AS THE "OPEN SPACE PRESERVATION FUND" WHEREAS, Minnesota Statutes provide that the City Council has full authority over the City's financial affairs, including the establishment of funds, and maintenance of accounting records; and WHEREAS, the Governmental Accounting Standard Board prescribes generally accepted accounting principles (GAAP); and WHEREAS, the Office of the State Auditor, independent auditors, and professional organizations provide guidance and interpretations of GAAP; and WHEREAS, the City Council desires the implementation and maintenance of a separate fund for segregation of financial transactions related to the preservation of open space in the City; and WHEREAS, the City Council has determined through an open and public process that a 2007 - 2008 goal would be to "Continue to pursue the conservation of green and open spaces in the community by further developing the Eagan Core Greenway and by working towards the creation of an open space preservation fund."; and WHEREAS, the City Council desires to be in position to respond expeditiously to opportunities to acquire desired land and/or easements and to be in position to enter into partnerships with other entities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan that a separate fund titled "Open Space Preservation Fund" be hereby established; and BE IT FURTHER RESOLVED that the "Open Space Preservation Fund" be established and maintained in accordance with State Statutes, GAAP, and per guidance offered by the Office of the State Auditor, the City's independent auditors, and professional organizations; and BE IT FURTHER RESOLVED that the source of resources for the "Open Space Preservation Fund" be as follows: 1. Upon adoption of this resolution, a transfer of $25,000 from the City's General Fund. 2. Other available revenue sources as determined by the City Council through adoption of annual budgets. 3. Grants or donations accepted by the City Council and available for disbursement per the permitted uses section of this resolution. 4. Interest earnings on invested balances. 5. Other revenue sources approved by official action of the Eagan City Council. BE IT FURTHER RESOLVED that the permitted uses of the resources of the "Open Space Preservation Fund" be as follows: 1. To pay the cost of community surveying/polling and studying the various referendum options. 2. To pay administrative costs of the fund. 3. To pay the cost of a referendum related to the sale of bonds for the purpose of acquiring desired land and/or easements. 4. To pay the cost of providing information to Eagan citizens concerning a referendum question. 5. To pay earnest money or other required obligations related to acquisition of property; including but not limited to site inspection, legal fees, survey work, and title work. 6. To be used as a partial funding source for acquisition of property and/or easements as deemed appropriate for purchase by the City Council. CITY OF EAGAN CITY COUNCIL By: , Mayor Attest: , Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: May 15, 2007 CERTIFICATION 1, Maria Petersen, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 15th day of May, 2007. Maria Petersen, Clerk AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER MAY 15, 2007 A. CALL TO ORDER B. ADOPT AGENDA C. APPROVE MINUTES D. OLD BUSINESS E. NEW BUSINESS 1. CEDAR GROVE REDEVELOPMENT - Joint Powers Agreement with the Dakota. County CDA to Coordinate Demolition Services for City Owned Properties F. OTHER BUSINESS G. ADJOURN o~~ Agenda Information Memo Eagan Economic Development Authority Meeting May 5, 2007 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 May 1, 2007 EDA meetipa as presented or modified. ATTACHMENTS: L35. Minutes of the May 1, 2007 EDA meeting on pages /37 ~~3 MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota April 4, 2007 A meeting of the Eagan Economic Development Authority was held on Tuesday, May 1, 2007 at the Eagan Municipal Center. Present were President Maguire, Commissioner Fields, Commissioner Tilley, Commissioner Carlson, and Commissioner Bakken. Also present were Executive Director Hedges, Community Development Director Hohenstein, City Planner Ridley, Director of Public Works Colbert, and City Attorney Dougherty. ADOPT AGENDA Commissioner Tilley moved, Commissioner Bakken seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 APPROVE MINUTES Commissioner Fields moved, Commissioner Tilley seconded a motion to approve the minutes of the April 4, 2007 meeting as presented. Aye: 5 Nay: 0 OLD BUSINESS There was no old business. NEW BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT EXTENSION OF OCCUPANCY AGREEMENT FOR MINSK MARKET AT 3992 SIBLEY MEMORIAL HIGHWAY TO SEPTEMBER 1, 2007 Community Development Director Hohenstein discussed a request by Artur Chayka for an extension to the Occupancy Agreement for Minsk Market, 3992 Sibley Memorial Highway. Commissioner Tilley moved, Commission Bakken seconded a motion to adopt a resolution to extend the occupancy agreement for Minsk Market, 3992 Sibley Memorial Highway to September 1, 2007. Aye: 5 Nay: 0 OTHER BUSINESS Community Development Director Hohenstein provided an update on the proposals for the Cedar Grove Redevelopment Area. 15 RECESS TO EXECUTIVE SESSION The EDA recessed into an executive session to discuss the possible acquisition of the Mediterranean Cruise property, located at 3945 Sibley Memorial Highway in the Cedar Grove Redevelopment District. Commissioner Fields moved, Commissioner Tilley seconded a motion to adjourn the meeting at 8:45 p.m. Date Thomas Hedges, Executive Director /55 Agenda Memo Eagan Economic Development Authority Meeting May 15, 2006 1. CEDAR GROVE REDEVELOPMENT - JOINT POWERS AGREEMENT WITH THE DAKOTA COUNTY CDA TO COORDINATE DEMOLITION SERVICES FOR CITY OWNED PROPERTIES ACTION TO BE CONSIDERED: To adopt a resolution to approve a joint powers agreement with the Dakota County CDA to perform the procurement and contract management of demolition services for City owned properties in the Cedar Grove Redevelopment District Core Area. FACTS: • As part of the preliminary work in anticipation of the redevelopment of the Cedar Grove Redevelopment Area, the City has acquired a number of buildings and relocated their tenants to new business locations. In an effort to have the area as close as possible to being development ready at the time that a new Master Developer is chosen to partner with the City in the redevelopment activities, the City has begun to demolish vacant buildings. • In 2006, the City and the Dakota County CDA entered into a contract under which the CDA coordinate the selection of contractors and the management of contracts for the environmental remediation and demolition of four of the buildings in the area. The CDA has considerable experience in such activities and is well suited to insure that they meet all HUD standards for reimbursement as a CDBG eligible activity. • The demolition work under the 2006 contract has been satisfactorily completed and City staff and the CDA staff have identified a list of eight additional properties that would be ready for demolition by the end of 2007. Based on the experience derived from the initial contract, the cost for the service would be on an hourly basis not to exceed $25,000. • Staff is requesting authorization from the EDA and City Council for the approval of a joint powers agreement to cover those activities and authorization for the appropriate parties to execute the agreements when completed. ATTACHMENTS: • Area map on page 102 • Resolutions on pages 1,30-139 • Agreement available upon request.13614 - Q- Q y v\,, o c a w ` ; a<< m b a° as 'NO 2~~0" Ls 1 \ ~ 2 1e a _ j g a ~ a A ~v - L i \d 5 ~ i kg z h 1 J-3 nm 3 \ EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION TO APPROVE A JOINT POWERS AGREEMENT WITH THE DAKOTA COUNTY CDA TO COORDINATE DEMOLITION SERVICES FOR CITY OWNED PROPERTIES IN THE CEDAR GROVE REDEVELOPMENT DISTRICT CORE AREA BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve a Joint Powers Agreement with the Dakota County CDA to perform procurement and contract management of demolition services for City owned properties in the Cedar Grove Redevelopment District Core Area and to authorize the Authority President and Executive Director to execute the agreement. 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`h day of May, 2007. Jon Hohenstein, Secretary/Deputy Executive Director J58 CITY OF EAGAN RESOLUTION TO APPROVE A JOINT POWERS AGREEMENT WITH THE DAKOTA COUNTY CDA TO COORDINATE DEMOLITION SERVICES FOR CITY OWNED PROPERTIES IN THE CEDAR GROVE REDEVELOPMENT DISTRICT CORE AREA BE IT RESOLVED by the Eagan City Council Authorize Staff to approve a Joint Powers Agreement with the Dakota County CDA to perform procurement and contract management of demolition services for City owned properties in the Cedar Grove Redevelopment District Core Area and to authorize the Mayor and City Clerk to execute the agreement. 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 May, 2007. Maria Petersen, City Clerk Agenda Information Memo Eagan Economic Development Authority Meeting May15, 2007 F. OTHER BUSINESS There is no other business to come before the EDA at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the Economic Development Authority meeting. City of Ea an FEASIBILITY REPORT FOR South Dodd Road Sanitary Sewer Lift Station City of Eagan, Minnesota April, 2007 Project Number: 000049-07139-0 ` Bonestroo Tel 651-636-4600 Fax 651-636-1311 www.bonestroo.com April 24, 2007 Bonestroo Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: South Dodd Road Sanitary Sewer Lift Station City of Eagan Client Project No.: 951 Bonestroo File No.: 00049-07139-0 Dear Mayor and Council: Attached is our feasibility report on the South Dodd Road Sanitary Sewer Lift Station for the Dodd Parkside subdivision. Proposed utility improvements are presented and discussed within the report along with detailed cost estimates and funding participation details. We will be pleased to meet with the Council and other interested parties at a mutually convenient time to discuss the report. Sincerely, BONESTROO Mark A. Hanson, PE I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Mark A. Hanson Date: April 24, 2007 Reg. No. 14260 Reviewed by: Department of Public Works Reviewed by: Finance Department Date: CITY OF EAGAN - SOUTH DODD ROAD SANITARY SEWER LIFT STATION TABLE OF CONTENTS Letter of Transmittal 1 Table of Contents 2 Introduction 3 Figure 1 4 Recommendations 5 Feasibility, Necessity and Cost Effectiveness 6 Discussion 7 Easements and Permits ...........................................................................................................................................8 Cost Analysis 8 Assessments 9 Revenue Sources 10 Project Schedule 10 Appendix A - Cost Estimates Appendix B - Preliminary Assessment Roll Appendix C - Figures Figure 2 - Utility Improvements Figure 3 - Storm Sewer and Street Improvements Figure 4 - Sanitary Sewer Drainage Districts Figure 5 - Sanitary Sewer Assessments Figure 6 - Water Main Assessments CITY OF EAGAN - SOUTH DDDD ROAD SANITARY SEWER LIFT STATION INTRODUCTION The City of Eagan has received a preliminary plat for Dodd Parkside and Marsh Cove developments, located on Dodd Road near the Rosemount border and east of Lebanon Hills Regional Park. The Dodd Parkside development consists of 12 single family lots on 5.08 acres of land. The Marsh Cove Development consists of 12 single family lots on 4.82 acres of land. The study area of this project is shown on Figure 1. The improvements necessary to serve these developments include trunk and lateral sanitary sewer, and lateral water main. A sanitary sewer lift station and forcemain is needed to connect the developments and the adjacent area to the existing Eagan sanitary sewer system. An alternate/ temporary sanitary sewer lift station is proposed at Farm Road in the event the Marsh Cove development does not proceed. This report describes the utility improvements to serve the Dodd Parkside and Marsh Cove development. The proposed sanitary sewer and water main improvements are presented on Figure 2. The costs of the proposed improvements are presented in the appendices and a cost summary, cost allocation and unit cost summary are presented in the Cost Estimate section. City of Eagan Project No. 49-07139 South Dodd Road Sanitary Sewer [ih Station Bonestroo Page 3 E ' m` ~t i. pa 2 s:~-. k a, w ~ - t t ' 'fir'". - F Y _ t c u - ht ~ ~ nor . o' f r , r i y 11 t _ ~ 4 - _ mil'! ya,C Ire t 3 .1c ,k'. a ,y~Y_♦ d.. r LOCATION PLAN EAGAN, MINNESOTA FIGURE: 1 hones Too SOUTH DODD ROAD SANITARY SEWER LIFT STATION 4907139F01.DWG DATE: April 2007 COMM: 49-07139 CITY OF EAGAN - SOUTH DODD ROAD SANITARY SEWER LIFT STATION RECOMMENDATIONS The construction of sanitary sewer and water main to serve the Dodd Parkside development is feasible from an engineering standpoint. The project is also in accordance with Eagan's Comprehensive Plans for utilities. The following recommendations are presented for consideration by the Eagan City Council: o This report is adopted as the guide for installation of utilities and streets in the study area. o The cost of the proposed improvements is allocated equitably among the parcels in the study area receiving benefit. o Assessments are reviewed in accordance with Eagan's Special Assessment Policy based on benefit in accordance with State statutes. o Utility improvements be reviewed with each property owner to insure future development potential is satisfied. o A schedule is developed by City Staff after review with the developer. o Review the project deficit and determine to what extent the developers of Dodd Parkside and Marsh Cove are responsible for the project deficit. City of Eagan ProjectNo.• 49-07139 South Dodd Road Sanitary Sewer Lift Station Bonestroo Page 5 CITY OF EAGAN - SOUTH DODD ROAD SANITARY SEWER LIFT STATION FEASIBILITY, NECESSITY AND COST EFFECTIVENESS The construction of sanitary sewer, sanitary sewer lift station and water main to serve the Dodd Parkside development is feasible from an engineering standpoint. The project is also in accordance with Eagan's Comprehensive Plans for utilities. The improvements proposed in Dodd Road are necessary to accommodate the Dodd Parkside and Marsh Cove developments with municipal services in accordance with Eagan's Comprehensive Plan. The project is cost effective based on existing conditions and acceptable standards proposed to construct the improvements. City of Fagan Project No: 49-07139 South Dodd Road Sanitary Sewer At Station s Bonestroo Page 6 CITY OF EAGAN - SOUTH DODD ROAD SANITARY SEWER LIFT STATION DISCUSSION SANITARY SEWER The proposed sanitary sewer improvements for the area are shown on Figure 2. The lateral sanitary from the proposed lift station to the Dodd Road/Farm Road intersection is labeled as Part 1. The sanitary sewer that will serve Dodd Parkside is labeled as Part 2 and located in Dodd Road. Flow from the development will be through gravity pipe to a proposed lift station. The proposed lift station is located on the west end of the Marsh Cove development. This lift station is proposed to pump into a forcemain (which follows the street within Marsh Cove) to the existing gravity sewer system within Dodd Road to the east. The Eagan 2020 Comprehensive Sewer Plan Amendment shows that a portion of the City of Rosemount is to be served by a sanitary sewer in this area. The area proposed to flow through the lift station is shown on Figure 4. Design flows used for sizing the lift station are listed below: CCU Area Acres Average Flow (MGD) Peak Flow (MGD) Rosemount 106.0 0.07 0.27 Eagan 24.1 0.02 0.08 TOTAL 130.1 0.09 0.35 ALTERNATE/TEMPORARY SANITARY SEWER LIFT STATION An alternate/temporary lift station to serve Dodd Parkside could be constructed if the Marsh Cove property does not proceed with development. This alternate/temporary lift station is located near the intersection of Dodd Road and Farm Road as shown on Figure 2. A force main could be constructed behind the existing curb on the east side of Dodd Road to the north. Excavation into the street section would be reonirati to connect to the existing gravity sanitary sewer to the north. WATER MAIN 1 The existing water main that serves the area is an 8-inch ductile iron pipe. This pipe is stubbed to the southwest quadrant of Dodd Road and Farm Road intersection. The water main improvements are shown on Figure 2 at the back of the report. It is proposed to extend the 8-inch pipe approximately 500 feet to the south and stub to the property line of the Dodd Parkside development. STREET AND STORM SEWER The existing storm sewer and street along the sanitary sewer and water main improvements are proposed to be removed and replaced with this project and are shown on Figure 3 at the back of this report. This construction is required to construct the sanitary sewer and water main improvements for Part 2. City of Eagan Project No: 49-07139 South Dodd Road Sanitary Sewer Lih Station Bonestroo Page 7 CITY OF EAGAN - SOUTH DODD ROAD SANITARY SEWER LIFT STATION EASEMENTS AND PERMITS An easement will be required for the lateral sewer over Parcel 10-03600-020-51. The easement cost is estimated in the lateral sanitary sewer section of Appendix A and is proposed to be assessed back to the benefiting properties. It is assumed the easements required for Marsh Cove will be dedicated as part of the development process. If the alternate/temporary sanitary sewer lift station is constructed, an easement will be required from Parcel 10-20900-040-03 located on the northeast quadrant of Farm Road and Dodd Road. Permits are required from the Minnesota Pollution Control Agency, Metropolitan Council Environmental Services, and Minnesota Health Department. COST ANALYSIS Detailed cost estimates for the proposed improvements are presented in the appendices. These cost estimates include 5% allowance for contingencies and 30% allowance for indirect costs. Indirect costs include administrative, engineering, construction interest and legal expenses. The estimates are based on current construction costs levels. A summary of the estimated costs of the proposed improvements are presented in Table 1. TABLE 1. COST SUMMARY e Sanitary Sewer $322,647 Water Main $34,750 Storm Sewer $34,590 Street $152,220 Total Project Cost $544,207 The cost of the alternate/temporary lift station is not shown in Appendix A. The lift station structure would cost the same and the reduced length of forcemain is offset by the street cut in costs. The lateral sanitary sewer Part 1 can be removed from the project cost for planning purposes if Dodd Parkside development proceeds without the participation of Marsh Cove. City of Eagan Project No: 49-07139 South Dodd RoadSaVarySewerZiftStRP017 Bonestr'00 Page 8 CITY OF EAGAN - SOUTH DODD ROAD SANITARY SEWER LIFT STATION ASSESSMENTS Assessments are proposed to be levied against the benefited property and are presented in Appendix B. SANITARY SEWER It is proposed to assess the costs associated with the construction of the sanitary sewer to the benefiting property. The sanitary sewer has been divided between trunk and lateral costs. Trunk sanitary sewer includes the lift station and forcemain. The lateral sanitary sewer is divided into Part 1 and 2. Part 2 costs include 50% of the street cost; the remaining 50% for street will be assessed as part of water main. The lateral sanitary sewer rates for parts 1 and 2 are shown in the table below: TABLE 2. LATERAL SANITARY SEWER ASSESSMENT RATE Lateral Front 50% PerFoot Sanitary Sewer, Footage tateral Street/Storm Total Cost Rate Part 1 1440 $47,670 $47,670 $33.10 Part 2 861 $55,970 $93,405 $149,375 $173.49 Figure 5, shows the properties to be assessed. Trunk charges for sanitary sewer are proposed to be assessed to those parcels that have not been previously assessed these charges. Figure 6 shows where the trunk sanitary sewer area charges are proposed to be assessed. In accordance with Eagan's Special Assessment Policy, the 2007 Fee Schedule rate for trunk charges for sanitary sewer is $2,370.00/acres or $1,150.00/platted residential lot. WATER MAIN It is proposed to assess costs associated with the construction of the lateral water main to the benefiting property. The water main cost to be assessed aligns with Part 2 of the sanitary sewer and includes 50% of the street cost. The lateral water main rate used is $ 168.40 per lineal foot. Trunk charges for water main are proposed to be assessed to those parcels that have not been assessed these charges. Figure 6 shows where the trunk water area charges are proposed to be assessed. The 2007 Fee Schedule rate for trunk charges for water main is $2,500.00/acres or $1,200.00/platted residential lot. STREET AND STORM The costs to restore the existing street and storm sewer is proposed to be assessed to the benefiting properties through the lateral sanitary sewer and water rate as previously discussed. City o/ Eagan Proyect No: 49-07139 South Dodd Road Sanitary Sewer CiR Station Bonestroo Page 9 CITY OF EAGAN - SOUTH DODD ROAD SANITARY SEWER LIFT STATION REVENUE SOURCES Revenue to cover the cost of this project is presented in Table 2. TABLE 3. REVENUE SUMMARY item Project Cost Assessment Revenue Balance (C4) Sanitary Sewer Trunk $219,007 $56,832 Lateral $197,045 Part 1 $47,670 Part 2 $149,375* Total Sanitary Sewer $416,052 $253,877 ($162,175) Water Main Lateral $128,155* $128,155 Trunk $58,550 Total Water Main $128,155 $186,705 $58,550 Total $544,207 $440,582 ($103,625) * Includes 50% of the street and storm sewer cost. PROJECT SCHEDULE TABLE 4. PROJECT SCHEDULE Event 1. Present Feasibility Report May 3, 2007 Public Hearing July, 2007 Approve Plans and Specifications July, 2007 Open Bids/Award Contract October, 2007 Substantial Completion November, 2007 Final Completion July, 2008 Assessment Hearing First Payment due with real estate taxes City of Eagan ProjectNo: 49-07139 South Dodd RoadSannarySewerLiftStation Bonestroo Page 10 City of Ea~an: APPENDIX A COST ESTIMATES Appendix A Preliminary Cost Estimate South Dodd Road Sanitary Sewer Lift Station City Project No. 951 Project No. 49-07139 SANITARY SEWER A, Trunk Sanitary Sewer Item Unit Est. Qty Unit Price Est. Cost Lift Station EA 1 $150,000 $150,000 4" Force Main LF 585 $15 $8,775 DIP Fittings LB 85 $2 $170 Connect to ex. Manhole EA 1 $1,500 $1,500 Subtotal $160,445 +5% Contingencies $8,022 Subtotal $168,467 +30% Indirect Costs $50,540 Total $219,007 B. Lateral Sanitary Sewer Part 1 Item Unit Est. Qty Unit Price Est. Cost 8" PVC Sanitary Sewer 12'-14' Deep LF 370 $25 $9,250 8" PVC Sanitary Sewer 14'-16' Deep LF 230 $29 $6,670 4' Dia. Sanitary Manhole EA 3 $2,000 $6,000 4' Dia. Sanitary Manhole Overdepth EA 25 $100 $2,500 Services EA 2 $1,000 $2,000 Easements SF 11000 $0.50 $5,500 Television Inspection LF 600 $2 $1,200 Improved Pipe Foundation LF 6D0 $3 $1,800 Subtotal $34,920 +5% Contingencies $1,750 Subtotal $36,670 +30% Indirect Costs $11,000 Total $47,670 C. Lateral Sanitary Sewer Part z Item Unit Est. Qty Unit Price Est. Cost 8" PVC Sanitary Sewer 12'-14' Deep LF 400 $25 $10,000 8" PVC Sanitary Sewer 14'-16' Deep . LF 500 $29 $14,500 4' Dia. Sanitary Manhole EA 3 $2,000 $6,000 4' Dia. Sanitary Manhole Overdepth EA 30 $100 $3,000 Services EA 3 $1,000 $3,000 Television Inspection LF 900 $2 $1,800 Improved Pipe Foundation LF 900 $3 $2,700 Subtotal $41,000 +5% Contingencies $2,050 Subtotal $43,050 +30% Indirect Costs $12,920 Total $55,970 city or Eagan BOIIeStI'OO Project No. 49-07139-0 South Dodd Road Sanitary Sewer Lift Station Page A- 1 Appendix A WATER MAIN Item Unit Est. Qty Unit Price Est. Cost Connect to Existing Water Main EA 1 $700 $700 8" DIP Water Main LF 505 $28 $14,140 6" DIP Water Main LF 15 $24 $360 Hydrant EA 1 $2,300 $2,300 6" GV & Box EA 1 $800 $800 8" GV & Box EA 2 $1,000 $2,000 DIP Fittings LB 300 $4 $1,200 Services EA 3 $800 $2,400 Improved Pipe Foundation LF 520 $3 $1,560 Subtotal $25,460 +5% Contingencies $1,270 Subtotal $26,730 +30% Indirect Costs $8,020 Total $34,750 STORM SEWER Item Unit Est. Qty Unit Price Est. Cost Remove storm sewer pipe LF 290 $ 5 $1,450 Remove storm sewer structure EA 5 $500 $2,500 Conned to Existing Storm Sewer Structure EA 2 $400 $800 15" RCP LF 270 $32 $8,640 18" RCP LF 30 $36 $1,080 2' x 3' CB EA 4 $1,500 $6,000 4' Dia CBMH EA 2 $2,000 $4,000 Improved Pipe Foundation LF 290 $3 $870 Subtotal $25,340 +5% Contingencies $1,270 Subtotal $26,610 +30% Indirect Costs $7,980 Total $34,590 STREET Item Unit Est. Qty Unit Price Est. Cost Mobilization LS 1 $16,000 $16,000 Remove Bituminous Pavement SY 2556 $5 $12,780 Remove Concrete Curb & Gutter LF 600 $5 $3,000 Common Excavation CY 720 $7 $5,040 Class 5 gravel base TN 1125 $12 $13,500 2" Type LV3 bituminous base TN 240 $50 $12,000 1 " Type LV3 bituminous wear TN 120 $52 $6,240 B618 Concrete Curb & Gutter LF 600 $10 $6,000 Sawing bituminous pavement LF 90 $5 $450 Remove & replace gravel driveway SY 50 $30 $1,500 Erosion Control & Restoration LS 1 $35,000 $35,000 Subtotal $111,510 +5% Contingencies $5,580 Subtotal $117,090 +30% Indirect Costs $35,130 Total $152,220 City of Eagan Project No. 49-07139-0 South Dodd Road Sanitary Sewer Cih Station Bonestroo Page A-1 Appendix A COST SUMMARY SANITARY SEWER A. Trunk Sanitary Sewer $219,007 B. Lateral Sanitary Sewer Part 1 $47,670 C. Lateral Sanitary Sewer Part 2 $55,970 WATER MAIN $34,750 STORM SEWER $34,590 STREET $152,220 Total Improvements $544,207 City olEagan gonestroo Project No. 49-07139-0 South Dodd Road Sanitary Sewer Lilt Station Page A- 3 City -of EaRan APPENDIX B PRELIMINARY ASSESSMENT ROLL I co Oi CO O Oi0 0 p O s F- O Ot O I N lD lD N ap O ~D p~ y z C •n O I u, O~ v \O O N ,r ,a w w ao 00 r I r v~ V v W 0 00 ^ 4 ¢ m N lD ~iD tD 01 Q Q r p~ y~ ? r vi ( k.0 ( I 00 vi •.i %D o C O N W M M M ~I~ IM M M O N I I IM M I i 69 M Q N c1 O O i Z r N 0 O a a a s I io z C> s v °v a I i Ct --I W w 6 ~I~ co OD ° M n e l7 o CO 1. O o O1 co o 0 z w Q Ioool oo rO~ T~ r LL w t- V "i~ 't n r r w vi g A m ~D ZD 00 co r -6 Z O_ I N N Q 1D lD (71 JJJJ W ~."1 M M W M H VQi 7> I 49 M W N O O O O O 0 O ¢ Z O O O O 0 G p O u'+ O O o p ^ K¢ W N r ~ c> O to O 0 ,n 0 m ~ p ¢ I O r ~D ~D u) c p o. a o: ao F- S M M M M W Y9 N V M M W N 1D N CO (D b W N U'1 M 1D m O M m cr; C7, 'o 'D Q ywy ~ M ~D O 00 00 CO W Y a a M ~ w u~y z H M M (!>1 M ~ E ' E cc d d q N A W A ~ N u N C O Q I rv N m m ~D OOi cq W Q c0 cq UY D. O Q N o0 y Z• 4 A a A z cc v co O N l u lO M N m E Y a N O C O C v0i O FO- ~ J N C o+ ai d c~ r 2 l.7 .d+ E N o p ~ w p J ~ c yyd ,ozQ ¢cr o N d- N O m Ate Q c o z¢ J a a Gl v I- t'i C o ~ c I o+ /O~•~ ~ V [L W N N W V CC p O p v d ~ ¢ 16 s N W lD ID oo m U1 Q Q w O O •n O O C V oo O cc <n i O u'1 N Vl lD I m Q h- W Z ~ r m 0 O t0 ~n < O rn c Q O co r [O m w w d a d d p r 'D m m co N ` ~ O Z I A A .o m ~o O LL v ~ n a n n a n °o °o °o o° co CC 0 0 0 0 °0 0 m •n Ir W W N > Q Q j M D_ CL g v ~a o r r Z v V z Z S S Q S J Q F- W ~ ~ W p V 0 O)O ) ¢ W vi Q Z 0 O p Y f Z Z atJ et5 V < C•7 Q 7 F- 2 ¢ Q w O_ Q l7 O W w 5- 0 kD W cc w cc ~QO¢oo a la z ~ ~ ~ ~ Q D ~ cC oc _ o Ii 6 C h N W Imp C Ip 2 cccc1K cc N 0 v a V~ ~ Ip O 12 p plplp L A T 2' _ Ip O I~ O pip p c, t c ¢ c v, w a m I LLI0 m M 0 V a Z y z 2 Ln I I I 0 0 0 0 R ~n v m v v p o) V1 O N V oo N ` d l r O\ D1 01 Ol lD C ~O N C T Q ~ I ( ~lD V O c Q N ~ a 1 ~ S ~ ~0 0 of o u~i •n 3 m j X o o I , O 0 0 1 6 r%i O N c F y _C v m c Nlm y~ O _a O o ~I I !O 0 0 0 0 0 1~ p C I°o °o al 1 ioo °0 00 00 cS c) c z o ~D I s N' rn O O O "D ZD eo f4 r V ~n m ° m ~ Q Q I o o I~~ ° o o m A m Q ¢oI o ~i ¢ ol0 0 6 oIo o Ian.-1_ I 3 City o-f Eakan APPENDIX C FIGURES I CONNECT TO EXIS NG SANITARY MAN LE 1 I I ~ F PR13PO ED ARSH COVE DEVEL TI 1 I❑ I o2o-s1 I IF I LIFT STATION / - - - L - - I- I- - - LOCATION { : • i "SEET R.O.W. _ ~T ~ i T F1 ❑ I I ! I 1 1 ~ 1 1 1 1 10' EASEMENT / o T'JA 20' EASEMENT J / 030-51 / 0~-~30 OSt-30 ARM OAD ALTERNATE/TEMPORARY SANITARY SEWER LIFT STATION ~ O Q MARSH LAKE mo-c" O CONNECT TO EXISTING p 8" WATER MAIN O O N PROPOSED D[i)D PARksIDE DEVELOPMENT 0 150 300 I I smw in feet PROPOSED SANITARY SEWER - PART 1 .o.~ PROPOSED SANITARY SEWER - PART 2 I ~ PROPOSED SANITARY FORCE MAIN PROPOSED ALTERNATE/TEMPORARY SANITARY SEWER PROPOSED WATER MAIN UTILITY IMPROVEMENTS EAGAN, MINNESOTA FIGURE: 2 Bonestroo SOUTH DODD ROAD SANITARY SEWER LIFT STATION 4907139F02.DWG DATE: April 2007 COMM: 49-07139 r MATCH AVEXISTING EMENT ~ I 051-30 030-51 El / 040-30 O I Yo - ARM ROAD 0 0 <<< 44 010-01 N - ~ I I I so 100 I I I Scats in feet I I I MATCH EXISTING 1 i 020-01 PAVEMENT PROPOSED STORM SEWER PIPE PROPOSED STREET REPLACEMENT << - EXISTING STORM SEWER STORM SEWER AND STREET IMPROVEMENTS EAGAN, MINNESOTA FIGURE: 3 Bonestroo SOUTH DODD ROAD SANITARY SEWER LIFT STATION 4907139F03.DWG DATE: April 2007 COMM: 49-07139 W C-AA CAROL ST Lill I C-1 H G EAG G` N 0 500 1000 Seale In feel n ROSEMOUNT FLOWS PROPOSED TO EAGAN ROSEMOUNT A-2 FLOW THROUGH LONG ACRES n i ROSEMOUNT A-1 FLOW THROUGH So. DODD ROAD LIFT STATION _ EAGAN PARCELS SANITARY SEWER DRAINAGE DISTRICTS EAGAN, MINNESOTA FIGURE: 4 Bonestroo SOUTH DODD ROAD SANITARY SEWER LIFT STATION 4907139FO4.DWG DATE: April 2007 COMM: 49-07139 CAROL ST ~aOQO C0 ~ Q T W a $ R . v 051 03 m GUN CLUB ROAD y4 s+ + t " Fa~ ` a 03(x,, 0 25D SOD Ljj Scale in feat J 013-55 ] S7 ' Y s, s EA6AN ROSE t D i ~O TRUNK AND LATERAL SANITARY 000 SEWER ASSESSMENTS O TRUNK AREA CHARGE LATERAL FRONT FOOTAGE - PART 1 LATERAL FRONT FOOTAGE - PART 2 SANITARTY SEWER ASSESSMENTS EAGAN, MINNESOTA FIGURE: 5 Bonestroo SOUTH DODD ROAD SANITARY SEWER LIFT STATION 4907139F05.DWG DATE: April 2007 COMM: 49-07139 CAROL ST ~p ~OPO CO ~ Q HA T W U m 051- 03 ~ 040-0 GUN CLUB ROAD k ' 'aav..r sF h r-. N _ 030©~ z 0 26D 60D Se is in feet I 013=55 oi 010 57`. a EA m ` RO a i a J J J D 3 3 O a i 3 ~0 r 00 A TRUNK AND LATERAL WATER MAIN ASSESSMENTS 3 a TRUNK AREA CHARGE LATERAL FRONT FOOTAGE r WATER MAIN ASSESSMENTS EAGAN, MINNESOTA FIGURE: 6 Bonestroo SOUTH DODD ROAD SANITARY SEWER LIFT STATION 4907139F06.DWG DATE: April 2007 COMM: 49-07139