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06/19/2007 - City Council Regular AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING June 19, 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) III. RECOGNITIONS & PRESENTATIONS 2,, A. Recognition of Paul Heuer's retirement and years of service IV. CONSENT AGENDA P. 3 A. APPROVE MINUTES q B. PERSONNEL ITEMS IC) C. APPROVE CHECK REGISTERS P. I L D. APPROVE Resolution Approving the 800 MHz Radio System Subscriber Agreement between Dakota County and the City of Eagan P. 29 E. APPROVE amendment to the 2007 General Facilities Renewal and Replacement Budget p, 30 F. APPROVE Tree Maintenance Contractor Licenses for Vertical Perfections Tree Care and Oleson's Tree Service P 31 G. APPROVE Massage Therapy Establishment License renewals for 2007 - 2008 P, 32- H. APPROVE Resolution to change the street name of 815` Street to Hunt Drive I. APPROVE Temporary On-Sale Liquor license for Faithful Shepherd Catholic School and waive $150 license fee p,0 J. APPROVE extension of Preliminary Subdivision, Conditional Use Permit, and Variance approvals for Nature's Point 47-K. APPROVE Final Subdivision - Novus Addition - A Final Subdivision of 24+ acres located at Outlot N, Lone Oak in the NW 1/4 of Section 01. p, 4q L. APPROVE extension of recording Final Plat Terra Glenn Lofts P,, L}(p M. APPROVE Update of Minnesota Building and Fire Code p N. APPROVE Final Subdivision - Blue Ridge Seventh Addition - A Final Subdivision of 12+ acres located at Lot 2, Block 1, Blue Ridge Sixth Addition in the 01 P. 5'30, APPROVE Findings of Facts of Denial for a Variance located at 2811 Hwy 55 for Atlas of Minnesota P WP. AUTHORIZE Submission of Certification to Serve as Conduit for FMHA/Metropolitan Council Funding for Dakota County CDA Application J>, (02 Q. ACKNOWLEDGE Completion and Authorize City Maintenance of Project 05-R, Nicols Ridge 2"d P. (p3 R. ACKNOWLEDGE Completion and Authorize City Maintenance of City Contracts (Sewer Lining) P S. AUTHORIZE Variance to the Construction Activity Noise Regulations for Contract 06-01, TH 149 Reconstruction ~ ( T. AUTHORIZE the Advertisement of Bids for Contract 06-08 (North Ridge Drive - Storm Sewer Improvements) 0 U. APPROVE Supplemental Agreement No. 2, Part A for Contract 06-01, TH 149 Reconstruction V. APPROVE Work Order No. 2 for Contract 06-01, TH 149 Reconstruction W. APPROVE INTERIM ORDINANCE - City Code Amendment to Extend the Moratorium to Study Possible Regulation of Electronic Signage Displays P'72. V. 2006 COMPREHENSIVE ANNUAL FINANCIAL REPORT VI. PUBLIC HEARINGS F 73 A. EASEMENT VACATION - Vacate Public Drainage and Utility Easement (Lot 2, Block 1, Unisys Park Addition) P 77 B. EASEMENT VACATION - Vacate Public Drainage and Utility Easement (Lot 1, Block 1, Safari @ Eagan 3rd b Addition r • 80C. Project 951, So. Dodd Rd/Dodd Parkside Add (Sanitary Sewer Lift Station) VII. OLD BUSINESS p. ~dy A. PUBLIC WORKS PART III FIVE YEAR CAPITAL IMPROVEMENT PROGRAM (2008 - 2012) r r VIII. NEW BUSINESS 1013 A. REZONING, PRELIMINARY SUBDIVISION- Marsh Cove - Epic Development - A Rezoning of 5.06 acres from (A) Agriculture to (R-1) Residential Single Family and a Preliminary Subdivision to create 1 I single family lots located at 4875 Dodd Road in the SW ''A of Section 36. P. 13~, B. COMPREHENSIVE GUIDE PLAN AMENDMENT, PRELIMINARY SUBDIVISION, PRELIMINARY PLANNED DEVELOPMENT - Manley Commons - A Comprehensive Guide Plan Amendment from Office Service (O/S) to Retail Commercial (RC), a Preliminary Subdivision 2.33 acres and a Preliminary Planned Development to allow a mixed-use commercial development located at 2779 Pilot Knob Road on Outlot C, Eagan Woods Office Park 2nd Addition in the NW ''A of Section 04. IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE X. ECONOMIC DEVELOPMENT AUTHORITY R 7-07 A. Call to Order B. Adopt Agenda P~[A-1 C. Approve Minutes D. Old Business P► Z~ Z 1. RECEIVE Hearing Officer's Findings regarding TMI Coatings Relocation Appeal E. New Business 13 1. CEDAR GROVE REDEVELOPMENT DISTRICT - Receive Request for Extension of Occupancy Agreements for Grand Slam and Life Span F. Other Business G. Adjourn 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. f 1' 4000 City of EaRan NQ TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JUNE 15, 2007 SUBJECT: AGENDA INFORMATION FOR JUNE 19, 2007 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the June 19, 2007 City Council agenda, the following items are in order for consideration. I f 1 Agenda Information Memo June 19, 2007 Eagan City Council Meeting RECOGNITIONS & PRESENTATIONS A. RECOGNITION OF PAUL HEUER'S RETIREMENT AND YEARS OF SERVICE ACTION TO BE CONSIDERED: To recognize Paul Heuer, Utility Systems Analyst, for 36 years of service to the City of Eagan. Z r r' Agenda Information Memo June 19, 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 June 5, 2007 regular City Council meeting as presented or modified. ATTACHMENTS: , l • Minutes of the June 5, 2007 regular City Council meeting are enclosed on pages through E~-. MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota June 5, 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. A regular meeting of the Eagan City Council was held on June 5, 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 Michael Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the agenda as amended. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATIONS There were no recognitions and presentations. CONSENT AGENDA Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the consent agenda as presented. Aye:5 Nay:0 A. Minutes. It was recommended to approve the minutes of the May 15, 2007 regular City Council meeting and the May 8, 2007 special City Council meeting as presented. B. Personnel Items. 1. It was recommended to accept the letter of retirement from Jan Severson, Office Supervisor in Community Development, and acknowledged Jan for 24 years of service to the City of Eagan. 2. It was recommended to approve the hiring of Jeremy Klein as Support Services Manager in the Police Department. 3. It was recommended to acknowledge the hiring of Josuah Berndtson as overnight custodian at the Community Center. (approval previously given) 4. It was recommended to approve the hiring of Jeffrey Brooker as a streets maintenance worker 5. It was recommended to approve the hiring of Zach Stegenga as a Finance Intern 6. It was recommended to approve the hiring of Alec Graham, Matt Smith, Matt Selby and Michael Graves as seasonal utilities maintenance workers. C. Check Registers. It was recommended to ratify the check registers dated May 17, 2007, May 24, 2007, and May 31, 2007 as presented. D. Grant Resolution. It was recommended to approve a resolution allowing the City of Eagan to continue to participate in the Dakota Traffic Safety Program through 2008. E. Premise Permit. It was recommended to adopt a resolution approving a Premise Permit for Knights of Columbus #7604 to Conduct Lawful Gambling at Time Out Sorts Bar, 2864 Highway 55. F. Exempt Permit. It was recommended to adopt a Resolution Approving an Exempt Permit for Experimental Aircraft Association to conduct a raffle at the Eagan Community Center on October 7, 2007. G. Liquor License. It was recommended to approve the on-sale liquor license and Sunday license for Pure NRG LLC, dba VIVA - A Local Eatery, 1629 Lena Court. H. Project 950R. It was recommended to receive petition and authorize preparation of Agreement with Thomson for Project 950R (Opperman Drive & TH 149 - Intersection Reconfiguration). 1. Contract 06-01. It was recommended to approve Supplemental Agreement No. 1 for Contract 06-01, TH 149 Reconstruction. J. Wetlands Exemption - Northern Natural Gas Company. It was recommended to affirm wetland exemption decision of Water Resources Coordinator relating to gas utility interstate pipe construction and modification project. Eagan City Council Meeting Minutes I)R June 5, 2007 Page 2 K. Extension for Recording Plat. It was recommended to approve a 90 day extension of time t record the final plat for Manley Commercial Addition, located on O'Neill Drive south of I-494 and west of Argenta Trail in the NE 1/4 of Section 1. L. Extension for Recording Plat. It was recommended to approve a 90 day extension of time to record the final plat for Red Pine Crossing, located south of Red Pine Lane and east of Highway 3 in the SE '/4 of Section 36. M. Final Plat. It was recommended to approve a Final Plat (Atlas Addition) to create one lot on approximately 14.9 acres located at 2825 Highway 55 in the S '/Z of Section 2. N. Extension. It was recommended to approve a one-year extension of the Preliminary Subdivision approval for Heritage of Highveiw, consisting of four single-family lots on approximately 1.7 acres on properties located at 1416 and 1420 Highview in the SE 1/4 of Section 04. 0. Ordinance Amendment. It was recommended to direct staff to initiate an amendment to Chapter I 1 relative to signage in public rights-of-way and signage not requiring a Sign Permit. P. Reschedule Meeting. It was recommended to reschedule the August 7, 2007 Regular City Council meeting to August 9, 2007. Q. Amendment to Easement Document. It was recommended to adopt a Resolution approving an amendment to a Reciprocal Driveway and Parking Easement Agreement for a Shared Access Driveway for properties located at 1940 and 1950 Rahncliff Court in the NW 1/4 of Section 32. R. Contract 06-01. It was recommended to approve Work Order No. 1 for Contract 06-01, TH 149 Reconstruction. S. Premise Permit. It was recommended to approve a Premise Permit Renewal for Eagan Hockey Association to conduct pull-tab and bar bingo operations at Cherokee Sirloin Room, 4625 Nicols Road. PUBLIC HEARINGS BOULDER LAKES / DELAWARE ESTATES RIGHT-OF-WAY / EASEMENT VACATION City Administrator Hedges introduced this item regarding the vacation of public drainage and utility easements and right-of-way within Delaware Estates (proposed Boulder Lakes development). He noted that it is recommended that action be continued for further consideration with the Boulder Lakes Business Park Final Subdivision which is not currently scheduled for Council review. Public Works Director Colbert gave a staff report. Mayor Maguire opened the public hearing. One resident asked for further clarification as to the purpose of the easement and right-of-way vacation. There being no further public comment, Mayor Maguire closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to continue consideration of the vacation of public drainage and utility easements and right-of-way within Delaware Estates (proposed Boulder Lakes development) until review of the Boulder Lakes Business Park Final Subdivision. Aye: 5 Nay: 0 LOT 6, BLOCK 1 BRITTANY 2ND ADDITION RIGHT-OF-WAY / EASEMENT VACATION City Administrator Hedges introduced this item regarding the vacation of a public drainage and utility easement within Lot 6, Block 1, Brittany 2"d Addition. City Planner Ridley gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Fields seconded a motion to continue consideration of the vacation of public drainage and utility easement within Lot 6, Block 1 Brittany 2nd Addition until later in the meeting. Aye: 5 Nay: 0 s r ■ Eagan City Council Meeting Minutes June 5, 2007 Page 3 aA F T VARIANCE - MICHAEL SUPINA City Administrator Hedges introduced this item regarding a Variance to the required 10 foot side yard setback to construct a second floor addition over the garage at 1656 Sherwood Way. City Planner Ridley gave a staff report. Mike Supina, applicant, discussed his plans for the second floor addition to his house and the need for a variance. Mayor Maguire opened the public hearing. Jill Carey, adjacent property owner, expressed her opposition to the proposed variance There being no further public comment, Mayor Maguire closed the public hearing and turned discussion back to the Council. The Council stated that based on the grade of the property, the twenty-five year encroachment and the existing distance between the two homes, the proposed Variance request was reasonable. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the vacation of public drainage and utility easement within Lot 6, Block 1 Brittany 2"d Addition, Lot 6, Block 1 Brittany 2"d Addition and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Variance to the required 10 foot side yard setback to construct a second floor addition over the garage at 1656 Sherwood Way in the SW 1/4 of Section 33. Aye: 5 Nay: 0 VARIANCE - ATLAS OF MINNESOTA, INC. City Administrator Hedges introduced this item regarding a requested variance to the required building materials for a new warehouse and office showroom building at 2811 Highway 55. City Planner Ridley gave a staff report. Jack Hoeschler, representing Atlas, discussed the proposed building materials for the office warehouse building. He noted other buildings in the area and City that are not currently in conformance with the current building standards. Mayor Maguire opened the public hearing. Greg Miller, Interstate Partners discussed the area buildings that Mr. Hoeschler had pointed out in his PowerPoint presentation. He stated that he would like to see the site in question redeveloped but he believed the requested deviation to finish materials would be a step backward and not appropriate with the original intention for the area. There being no further public comment, he closed the public hearing and turned discussion back to the Council. Councilmembers stated the finish standard requirements were established after much consideration and that deviating from them at this point would essentially break a promise the City Council made to the area and the City of requiring higher quality exterior finish materials in commercial/industrial areas. It was the consensus of the Council not to deviate from the building finish standards. Councilmember Fields moved, Councilmember Tilley seconded a motion to direct Findings of Fact for Denial for a Variance to the required building materials for a new warehouse and office showroom building at 2811 Highway 55 in the SE 1/4 of Section 02. Aye: 5 Nay: 0 1~ / Eagan City Council Meeting Minutes June 5, 2007 Page 4 r` ~l THOMSON EXPANSION PROJECT Mayor Maguire noted that Thomson-West has been considering the expansion of its facilities located at 610 Opperman Drive and had requested consideration of the establishment of a tax increment financing district. The formation of the district was contingent upon the approval of authorization which was contained in the state tax bill, which was vetoed on May 30, 2007. As a consequence of this situation, a pubic hearing is not in order and Thomson has withdrawn its request for this action and the action to discontinue consideration of proposed Minnesota Investment Fund Application. OLD BUSINESS WINTER TRAIL MAINTENANCE PROGRAM City Administrator Hedges introduced this item regarding requested amendments to the Winter Trail Maintenance Program, noting that at the May 8, 2007 Council workshop, the Council considered two petitions, two business requests, one citizen request and one additional consideration by staff. Public Works Director Colbert reviewed the proposed changes to the program. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve requested amendments to the Winter Trail Maintenance Program as follows. Aye: 5 Nay: 0 1. West side only of Coachman Road from Yankee Doodle Road to Four Oaks Road 2. North side of Yankee Doodle Road from Inver Grove Heights to TH 149 3. Yankee Doodle Road from Elrene to TH 149 NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT (BLUE RIDGE 7TH ADDITION - CSM) City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow an adult daycare on property located at 2965 Lone Oak Drive. City Planner Ridley gave a staff report. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve a Planned Development Amendment to allow an adult daycare on property located at 2965 Lone Oak Drive in the SW '/4 of Section 1, subject to the following conditions: Aye: 5 Nay: 0 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office, and proof of recording shall be provided to the City. 2. The adult daycare shall be provided in conjunction with a primary office use, and the adult daycare shall not exceed 10,000 square feet. CONDITIONAL USE PERMIT AND VARIANCE TRAIL AUTOBODY AND MARINE City Administrator Hedges introduced this item regarding a conditional use permit for outdoor storage and a Variance of a 40-foot rear yard, 15-foot north side yard and I 0-foot south side yard setback, for outdoor storage on property located at 4880 Biscayne Avenue. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Conditional Use Permit for outdoor storage for property located at 4880 Biscayne Avenue, subject to the following conditions: Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. A revised Site Plan with parking stall, drive aisle, and setback dimensions, which includes the outdoor storage areas as shown on the April 27, 2007 Site Plan, shall be submitted. Eagan City Council Meeting Minutes June 5, 2007 Page 5 3. A six-foot tall wooden privacy fence along the east perimeter of the property shall be installed no later than August 1, 2007, to match the adjacent properties. 4. A trash enclosure must be constructed, per City Code requirements, no later than August 1, 2007. 5. All parking and storage areas shall be properly maintained to prevent deterioration. 6. The applicant shall provide bituminous pavement, curb and gutter for the outdoor storage areas by November 1, 2007 in a form acceptable to the City Engineer. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Variance of a 40-foot rear yard, 15-foot north side yard and 10-foot south side yard setback, for outdoor storage on property located at 4880 Biscayne Avenue in the SE '/4 of Section 36, subject to the following conditions: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items under Legislative / Intergovernmental Affairs Update. The regular City Council meeting was recessed at 8:30 p.m. and a meeting of the Economic Development Authority was immediately convened. The regular City Council meeting was reconvened at 8:35 p.m. ADMINISTRATIVE AGENDA There were no items under the Administrative Agenda. VISITORS TO BE HEARD Betty Fedde discussed a letter she had written to the editor requesting that the flags in Eagan be flown at half staff in indefinitely to honor the soldiers who have lost their lives in Iraq. The regular City Council meeting recessed at 8:40 p.m. to convene an Executive Session to discuss Cedar Grove. Councilmember Tilley moved, Councilmember Fields seconded a motion to adjourn the meeting at 9:30 p.m. Date Administrative Secretary / Deputy City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TDD phone: (651) 454-8535). 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 June 19, 2007 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Permanent Part-time Recreation Program Supervisor- ACTION TO BE CONSIDERED: To approve the hiring of Loudi Rivamonte as a permanent part-time Recreation Program Supervisor. Item 2. Retirement/Utility Systems Analyst ACTION TO BE CONSIDERED: To accept the letter of retirement from Paul Heuer, Utility Systems Analyst. Agenda Information Memo June 19, 2007 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated June 7, 2007 and June 14, 2007 as presented. ATTACHMENTS: • Check registers dated June 7, 2007 and June 14, 2007 are enclosed without page number. ~a r ~ Consent Agenda Information Memo June 19, 2007 Eagan City Council Meeting CONSENT AGENDA: D. Resolution Approving the 800 MHz Radio System Subscriber Agreement between Dakota County and the City of Eagan. ACTION TO BE CONSIDERED: By approving the resolution, the City of Eagan staff members will be authorized to use the 800 MHz Radio System and will be able to provide input regarding operating and financial policies. FACTS: • The City of Eagan previously joined other local governments to form the Dakota Communications Center (D.C.C.). • The communication center will be using 800 MHz Radios. • All police and fire departments in Dakota County have committed to using the new system. • By approving the attached resolution, the City of Eagan will become a subscriber and will be an authorized user of the system. • As a subscriber, the City of Eagan will have the ability to participate in a "policy work group." • As a member of the policy workgroup, a city representative will be able to make recommendations to the county board regarding operating and financial policies for the 800 MHz system. • The resolution was reviewed by the Eagan City Attorney. ATTACHMENTS: A copy of the proposed resolution is attached as pages through I~ . A copy of the agreement is attached as pages LJ through ZP~ . 1 I CITY OF EAGAN RESOLUTION RESOLUTION APPROVING THE 800 MHz RADIO SYSTEM SUBSCRIBER AGREEMENT BETWEEN DAKOTA COUNTY AND THE CITY OF EAGAN WHEREAS, by Resolution No. 05-28 (May 17, 2005), the Eagan City Council authorized the City to join the Metropolitan Regional 800 MHz System; and WHEREAS, by Resolution No. 05-47A (September 6, 2005), the Eagan City Council approved the Dakota Communications Center Joint Powers Agreement for public safety dispatch services; and WHEREAS, Dakota County has entered into a cooperative agreement with MESB and Mn/DOT for the purpose of defining the rights and obligations of each party with respect to the design, procurement, construction, ownership, operations, funding, and maintenance of a County/Regional Integrated Subsystem the submission of the Dakota County 800 MHz Radio Plan to the Metropolitan Radio Board; and WHEREAS, the City of Eagan has promoted partnerships between units of government to facilitate the construction of the Dakota County 800 MHz Radio Subsystem; and WHEREAS, a Subscriber Agreement is needed to define the terms and conditions between the City and the County for the use of the Dakota County subsystem; and WHEREAS, as part of the Subscriber Agreement the County has established an 800 MHz Policy Work Group for the purpose of making recommendations to the County Board regarding operating and financial policies for the County 800 MHz trunked radio subsystem Whereas, the City of Eagan will have representation on the Policy Working Group. NOW, THEREFORE, BE IT RESOLVED, That the City of Eagan hereby approves the Subscriber Agreement between the City and Dakota County and authorizes the Mayor and City Clerk to execute the Subscriber Agreement for City use of the Dakota County 800 MHz Radio Subsystem; and I2- BE IT FURTHER RESOLVED, That the initial terms of the agreement shall be effective from the date it is executed by both parties and will continue through December 31, 2012 ("Initial Term") and will automatically be extended for one additional one (1) year terms unless terminated. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: June 19, 2007 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 19th day of June, 2007. Maria Petersen, Clerk l~ r r Dakota County, Minnesota Countywide Public Safety Radio Communications Subsystem Subscriber Agreement Between Dakota County, Minnesota and the City of Eagan Regarding: Use and Support of the Dakota County Subsystem to the Regional Public Safety Radio Communications System; Purchase, Maintenance and Repair of Subscriber Radios; and Operational Support of the Subscriber Radio Fleet Page 1 of 15 Dakota County Subscriber Agreement - Eagan 6-11-2007 (2) r r This Agreement is between the County of Dakota, a political subdivision of the State of Minnesota, hereinafter referred to as the "COUNTY", 1590 Highway 55, Hastings, Minnesota, 55033, and the City of Eagan, a Minnesota municipal corporation, acting by and through its duly authorized officers, herein referred to as the "CITY". WHEREAS, the County and the Metropolitan Emergency Services Board, hereinafter referred to as the "MESB", entered into an agreement regarding the design, procurement, construction and operation of the COUNTY 800 MHz Trunked Radio Subsystem; and WHEREAS, the CITY, by Resolution No. 05-28, stated its intent to participate in the Regional 800 MHz Public Safety Radio Communications System; and WHEREAS, the COUNTY and Motorola, Inc., hereinafter referred to as "MOTOROLA", entered into an agreement regarding the purchase, delivery and installation of the COUNTY 800 MHz Trunked Radio Subsystem for countywide public safety communications owned by the COUNTY, which is expected to become operational in 2007; and WHEREAS, the CITY has elected to participate as a subscriber in the COUNTY 800 MHz Trunked Radio Subsystem; and WHEREAS, the COUNTY, by Resolution No. 05-446, and the City, by Resolution No. 05-47A, along with other Dakota County municipalities, agreed to create and establish the Dakota Communications Center joint powers entity, hereinafter referred to as the "DCC, that will be responsible for public safety 911 and dispatch communications within Dakota County; and WHEREAS, the COUNTY and the CITY wish to set forth their respective roles and responsibilities and the terms and conditions of their understanding. NOW, THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the COUNTY and the CITY agree as follows: ARTICLE 1. DEFINITIONS 1.1 Authorized Users means those Eligible Users that have been duly authorized by the MESB to use the Regional System. 1.2 Certified Radio means radio equipment that has been approved for use on the Regional System by the MESB. Page 2 of 15 Dakota County Subscriber Agreement - Eagan 6-11-2007 (2) l~ r r 1.3 County Subsystem means the 800 MHz public safety communications Subsystem funded and constructed by the COUNTY pursuant to an agreement with the MESB (the MESB Cooperative Agreement) that is integrated with and a part of the Regional 800 MHz Public Safety Radio Communications System (Regional System). 1.4 Cloning means the process whereby a Code Plug is written into the memory of a radio. 1.5 Code Plug means the program file containing talkgroup information and configuration settings that is written into the memory of a radio. 1.6 Day to Day Use means regular ongoing use of the County Subsystem. 1.7 Dakota Communications Center or DCC means the joint powers entity created by the COUNTY and cities within Dakota County under the authority provided by Minnesota Statutes section 471.59 for the purpose of acquiring and providing the facilities, infrastructure, hardware, software, services and other items necessary and appropriate for the establishment, operation and maintenance of a joint law enforcement, fire, EMS, and other appropriate communications system for the mutual benefit of the people of Dakota County. 1.8 Eligible Users means those public entities eligible to hold FCC licenses in the Public Safety and Special Emergency Radio Services as defined by 47 C.F.R. Part 90, Subparts B and C, and those public entities eligible to operate radios in the Public Safety and Special Emergency Radio Services under the provisions of 47 C.F.R. Part 90.421. 1.9 Fleet means the set of radios with assigned radio system identification numbers that fall within the numeric range assigned to the COUNTY by the State of Minnesota or contain Code Plugs that are maintained by the COUNTY. 1.10 Itinerant Use means limited temporary use of the County Subsystem for roaming service or to enhance portable coverage to support the internal operations of an Authorized User. 1.11 Local Plan means the 800 MHz Communications Plan for the COUNTY, as adopted by the COUNTY Board of Commissioners on September 5, 2006 by Resolution No. 06-361 and approved by the Metropolitan Emergency Services Board on October 11, 2006, as amended from time to time. 1.12 Metropolitan Emergency Services Board or MESB means the regional radio board for the Metropolitan Area created by a joint powers agreement pursuant to Minnesota Statues Section 403.39 (2006), which is the successor to the MRB. Page 3of15 Dakota County Subscriber Agreement - Eagan 6-11-2007 (2) I~ r r 1.13 MESB Regional System Pass Through Fees means the fees established by the MESB based on the actual operating and administrative costs for the Backbone System, including future addition and changes to the First Phase. Includes actual costs for operation, administration and maintenance, recurring costs for site leasing and a prorated share of equipment costs for moves, additions, changes and replacement of shared Backbone System equipment. 1.14 Metropolitan Radio Board or MRB means the political subdivision created pursuant to Minnesota Statutes § 403.22 to provide governance over the planning and implementation of the Statewide 800 MHz interoperable radio communications system, whose responsibilities were transferred to the Statewide Radio Board pursuant to Laws of 2004, Chapter 201, Section 22. 1.15 Policy Work Group means the 800 MHz policy working group formed by the Dakota County Administrator and consisting of City Managers/Administrators or other city representatives as determined by each City, the Sheriff's Office, and County staff for the purpose of making recommendations to the County Board regarding operating and financial policies for the County 800 MHz Trunked Radio Subsystem. 1.16 Programming means the process of preparing a custom Code plug, then writing that Code Plug into one or more radios. Programming also means the configuration of certain infrastructure components including, but not limited to, the Prime Site controller, zone controllers, dispatch consoles, and other equipment necessary for an operational Regional System and County Subsystem. 1.17 Regional System means the regional trunked public safety radio communications system that consists of a shared regionwide infrastructure, the elements of which are identified in the Regionwide Public Safety Radio Communications Plan, and associated subsystems interconnected by the shared regionwide network. ARTICLE 2 PURPOSE AND INTRODUCTION 2.1 Purpose The purpose of this Agreement is to define the rights and obligations of the COUNTY and the CITY with respect to the cooperative and coordinated purchase, maintenance, technical and administrative support and use of portable, mobile, desktop and other end user radios by the CITY to be used on the County Subsystem. This Agreement supersedes any previous subscriber agreement between the parties for the use of the COUNTY Subsystem. Page 4 of 15 Dakota County Subscriber Agreement - Eagan 6-11-2007 (2) I~ 2.2 Subsystem Description The County Subsystem is a multi-site general purpose wireless communications system designed to provide, among other things, 95% area coverage reliability for portable radio operation above ground level in light to medium buildings throughout most of the COUNTY. By entering into this Agreement and acquiring Certified Radios, the CITY will have access to the Regional System, a wide area nine county regionwide public safety radio communications system, the County Subsystem, multiple system redundancies with backup power, a wide range of talk groups, electronic identification of all radios on all transmissions, 99.999% microwave system reliability, encryption availability, system security, radio interoperability, 24 hour a day Subsystem monitoring and repair response, access to a pool of special event radios and CITY radio user training. ARTICLE 3 DUTIES AND RESPONSIBILITIES OF CITY 3.1 Conformance to Metropolitan Emergency Services Board and COUNTY Standards CITY agrees to conform to all applicable standards, policies, procedures and protocols established or amended by the MESB or its successor; the State Radio Board; and COUNTY related to use of the County Subsystem, including, but not limited to, radio user training requirements, radio operating guidelines, COUNTY Subsystem use, audits and monitoring for compliance. 3.2 Conformance to Federal Laws and Regulations CITY agrees to conform to all applicable Federal Rules, Regulations, and Laws pertaining to use of the County Subsystem, including, but not limited to, the Communications Act of 1934 as Amended and Part 90 of the Federal Communications Commission Rules and Regulations. 3.3 Response to Improper Use In the event the COUNTY informs the CITY that statistical analysis of County Subsystem usage or other information indicates that the CITY personnel may have inappropriately used the County Subsystem, or may have violated standards, policies, procedures, rules, regulations, or laws regarding proper operation of the County Subsystem, or may have violated the provisions of this Agreement, the CITY agrees to take immediate and appropriate investigative and corrective action to stop the violation and eliminate any reoccurrence. 3.4 Radio and County Subsystem Fees CITY agrees to pay COUNTY all fees assessed to the CITY by the COUNTY in accordance with a cost recovery policy established by the Dakota Board of Commissioners for actual costs incurred by the COUNTY including but not limited to programming, software updates, technical support, administrative support, configuration support, access to the special event shared pool of radios, training support, operation and maintenance of the County Subsystem Page 5 of 15 Dakota County Subscriber Agreement - Eagan 6-11-2007 (2) I~ r r and other costs attributable to CITY participation in the 800 MHz radio communications Regional System under this Agreement. The Radio and County Subsystem Fees are subject to annual adjustment and are described more specifically in Appendix A which is attached and made a part of the Agreement. The Radio and County Subsystem Fees shall be assessed on a per-radio basis and are detailed in the Fees Table in Appendix A which may be amended annually by the COUNTY. The COUNTY will notify the CITY of any proposed annual changes to the Radio and Subsystem Fees and will summarize the changes by issuing a revised Fees Table no later than May 1st of each year to allow the CITY to include these proposed costs in its annual operating budget for the following calendar year. The COUNTY will notify the CITY of the actual annual County Subsystem fees before September 15t each year. This requirement to notify the CITY shall not apply to the MESB Pass Through Fees. . Annual changes to the Radio and Subsystem Fees will not require the written consent of the CITY or any written amendment of this Agreement. The COUNTY will solicit input from the 800 MHz Policy Work Group in developing the annual fees. The Radio and Subsystem Fees apply to seasonal use radios and will be billed as prescribed under Section 3.7. 3.5 Metropolitan Emergency Services Board Regional System Pass Through Fees The CITY agrees to pay to the COUNTY all user fees attributable to the CITY that are assessed to the COUNTY by the MESB for Regional System costs, and passed through by the COUNTY to the CITY. The MESB Regional System Pass Through Fees shall be attributed to subscribers to the COUNTY Subsystem on a per-radio basis. The MESB Regional System Pass Through Fees are described more specifically in Appendix A and the Fees Table attached to this Agreement. The amount of these fees may be amended by the COUNTY whenever the MESB amends the amount of Regional System fees that it imposes on the COUNTY. 3.6 Purchase of Radios The CITY is responsible for the purchase of the radios and radio operating software versions that will be used by the CITY on the County Subsystem. Such purchase shall be coordinated between the CITY and COUNTY in accordance with the policy established by the Dakota County 800 MHz Policy Work Group, if any. The CITY may only use Certified Radios on the County Subsystem 3.7 Invoicing and Payment Terms The COUNTY will invoice the CITY monthly, or at other intervals as determined by the COUNTY, for all fees payable to the COUNTY as specified herein. For radios activated on or before the 15th of the month, the CITY will be charged for the entire month. For radios activated after the 15th of the month, the fees will commence on the first day of the following month. The CITY shall pay all fees directly to the COUNTY within thirty (30) days from receipt of the invoice. Page 6 of 15 Dakota County Subscriber Agreement - Eagan 6-11-2007 (2) I~ 3.8 Flow Down Metropolitan Emergency Services Board Contract Provisions The CITY agrees to comply with all applicable flow down provisions contained in the COUNTY's agreement with the MESB (the Cooperative Agreement). Those Agreement provisions, including any Amendments thereto, are incorporated herein as a part of this Agreement by reference. 3.9 De-certification and Disposition of Obsolete Radios The MESB, or its successor, and the COUNTY may de-certify radios, radio operating software versions, and radio program files and configuration settings (commonly called code plugs) which become obsolete or unsuitable for use for reasons including but not limited to: unsafe to use, impairs County Subsystem performance, no longer supported by the radio manufacturer, no longer supported by the COUNTY, exhibits substantial defects, exhibits performance deficiencies, impairs implementation of County Subsystem upgrades, becomes unreliable, or becomes economically unfeasible to maintain. Except in those cases affecting safety or performance impacts to the County Subsystem, other subsystems, or the Regional System, the COUNTY will make reasonable efforts to avoid de-certification of radios owned by the CITY which have not been fully depreciated and to provide the CITY with at least one (1) year advance notice prior to the effective date of radio or software version de- certification. De-certified radios or radios operating with de-certified software versions or de- certified code plugs will not be allowed to access or use the County Subsystem. The CITY agrees to dispose of obsolete radios, batteries and other equipment in accordance with applicable laws and rules regarding disposal of hazardous materials. The CITY understands that the COUNTY is not obligated to make any payment to the CITY for replacing a de- certified radio. 3.10 Limitation of Radio Programming, Radio Code Plug Programming Files, and System Key Files All radios on the County Subsystem shall be programmed only by the COUNTY or its properly designated representatives, and the COUNTY shall retain an archived electronic copy of all radio code plug programming files and encryption keys files installed in all CITY radios covered under this Agreement. The configuration of all radio code plug programming files and radio templates shall be subject to approval by the COUNTY before the radios will be activated on the County Subsystem. All radio code plug programming files, system key files and encryption key files are the sole property of the COUNTY, and contain information that is classified as security information and non-public government data. Unless specifically authorized by the COUNTY in writing, the CITY may not directly or indirectly permit any third party to: view, read, print, extract, copy, archive, edit, create, clone, transfer, tamper with or otherwise compromise the security of any radio code plug programming file, system key file or encryption key file for any radio on the County Subsystem. In the event the CITY learns that any one has improperly or fraudulently obtained radio code plug programming file information, system key file or encryption key file, the CITY will immediately notify the COUNTY of the security breech. Page 7 of 15 Dakota County Subscriber Agreement - Eagan 6-11-2007 (2) 20 3.11 Risk of Loss and Payment for Lost, Stolen, Un-repairable, or Destroyed Radios The CITY assumes full risk of loss for radios owned by the CITY which are lost, stolen, physically un-repairable or destroyed for any reason. 3.12 Notification to the COUNTY of Missing, Lost, Stolen, Un-Repairable, or Destroyed CITY Owned Radios The CITY agrees to immediately notify the COUNTY in writing of any missing, lost, stolen, un-repairable, or destroyed CITY owned radios, so the radio can be de-activated on the County Subsystem. The CITY shall be responsible for payment of fees for a radio until written notification is received by the COUNTY that a radio is not available for use due to one of these causes. 3.13 Repair of City Owned Radios The CITY is responsible for maintaining the CITY owned radios in good repair. Repair and maintenance shall only be performed by the radio manufacturer, the COUNTY, or by COUNTY approved vendors, at the election of the CITY. The COUNTY will use reasonable efforts to identify and approve more than one vendor for radio repairs and will provide a list of COUNTY approved vendors to the CITY. The CITY will be responsible for the payment of Radio Repair and Maintenance Fees, at the rate in the current Fees Table, during the period of repair on any radio. A replacement radio may not be used on the County Subsystem until the COUNTY has cloned the radio pursuant to the provisions of this Agreement. 3.14 De-activation of Radios by the CITY The CITY may request the COUNTY to de-activate a radio for reasons other than set forth in Sections 3.12 or 3.13 of this Agreement if the radio is no longer needed by the CITY and will be out of use for an extended period of time. During such period of de-activation, the CITY'S obligation to pay the fees pursuant to Sections 3.4 and 3.5 shall be suspended based on MESB and COUNTY policies and the provisions of Appendix A, as amended from time to time. The COUNTY reserves the right to charge the CITY a re-activation fee if the de-activated radio is brought back into service under the conditions set forth in Appendix A, as amended from time to time. 3.15 City Obligation to Provide No-Cost Lease for COUNTY Antenna Sites The CITY agrees to provide the COUNTY a lease for use of CITY property at no cost for the construction and operation of the County Subsystem, such use to include but not be limited to the installation of shelters to house County radio equipment and the installation of antenna on CITY water tanks, towers or buildings as approved by the CITY and determined to be suitable by the COUNTY. ARTICLE 4 DUTIES AND RESPONSIBILITIES OF THE COUNTY Page 8 of 15 Dakota County Subscriber Agreement - Eagan 6-11-2007 (2) 2-1 4.1 Furnishing Radios to the CITY The CITY is responsible for the purchase of radios and radio software versions that the CITY will use on the County Subsystem. The CITY shall coordinate the purchase of radios in accordance with the policy and procedures established by the 800 MHz Policy Work Group. The COUNTY will inventory, inspect, test, and program all radios before they are used by the CITY on the County Subsystem. 4.2 Maintenance, Repair and Other Services The COUNTY will offer maintenance, repair or other services for CITY radios, as described in Appendix A. The CITY may elect to use the COUNTY offered services, or may obtain services from a vendor approved by the COUNTY. Services provided by the COUNTY on CITY radios will be at the rates in the current Fees Table. When the COUNTY provides services on CITY radios, the CITY may access a temporary replacement radio from the shared pool of loaner radios. 4.3 Special Event/Emergency Radios and Repair Loaner Radios The County may acquire and maintain a fleet of radios which will be made available to the CITY and other County Subsystem Subscribers, generally on a first come first serve basis, for temporary assignment for special events, response to emergencies, or other similar events. The CITY may check out a radio from this fleet to temporarily replace a radio taken out of service for maintenance or repair by the COUNTY. The risk of loss transfers to the CITY upon receipt of the checked out COUNTY loaner radio and the CITY shall be responsible for the loss of or damage to the COUNTY loaner radios, including the cost of repair, the cost of a replacement radio, and programming and other costs required to put the radio in the same operational condition it was in when temporarily assigned to the CITY. If there are more requests for these radios than can be accommodated, the COUNTY will prioritize allocations. These temporarily assigned radios will have a generic code plug using common COUNTY and regional interoperability talk groups. 4.4 Allocation of County Subsystem Resources The COUNTY will allocate to the CITY, on a fair and non-discriminatory basis, sufficient County Subsystem resources including, but not limited to, Talk Groups, Announcement Groups, Radio Unit ID's, and Alias ID's, to provide the CITY with an equivalent grade of service afforded to other comparable County Subsystem Subscribers. 4.5 Monitoring CITY Talk Groups The COUNTY may periodically monitor talk groups allocated to the CITY for the CITY'S internal use for County Subsystem management purposes, including, but not limited to, maintenance, troubleshooting, performance assessments, unusual traffic patterns (sudden jump in usage), and policy and procedure compliance checks. The COUNTY monitoring of the CITY'S talk groups may occur at any time, for any duration, may be without notice, and is subject to recording or other documentation by the COUNTY. Page 9 of 15 Dakota County Subscriber Agreement - Eagan 6-11-2007 (2) 22, 4.6 Radio Operator Training The COUNTY will provide the CITY with access to end user radio training, instructional materials, and training instructors as made available or provided to the COUNTY from the MESB, or its successor, or other sources for the deployment of radios included in the CITY'S initial purchase, at no cost to the CITY. However, the COUNTY will not reimbursement the CITY for its internal costs related to attendance of the CITY staff at such training. Once the initial training is provided, the CITY will be responsible for the cost of training new employees and for providing refresher training. The COUNTY will provide an annual "train the trainer" course for CITY trainers. The COUNTY and the CITY may agree to provide future training cooperatively. 4.7 Database Administration The COUNTY will manage and administer the County Subsystem database records containing the information related to inventory, configuration, programming history, software version control, radio IDs, service levels, and statistical usage analysis, for the CITY-owned radios used on the County Subsystem. 4.8 Radio Station Licenses The COUNTY shall hold and administer all FCC licenses for 800 MHz radio equipment that accesses the County Subsystem. The CITY shall operate, as authorized, mobile, portable and control station units under the COUNTY'S FCC 800 MHz radio station licenses. 4.9 County Subsystem Operation and Management The COUNTY will operate and manage the County Subsystem under the direction of a System Coordinator. The System Coordinator will be responsible for all aspects of the County Subsystem planning, operation, maintenance, and management. The System Coordinator will deal with the County Subsystem backbone including network connections, base radio stations, antennas, microwave and fiber optic systems, and will address subscriber unit related issues such as maintaining the Subsystem database and managing access to the County Subsystem by the CITY unit users. 4.10 No Subsystem Warranty Nothing herein shall constitute a representation or warranty by the COUNTY that the County Subsystem shall operate without error, however the COUNTY shall use reasonable efforts to correct any errors that impair the use or performance of the Subsystem. ARTICLE 5 TERM AND CANCELLATION 5.1 Term of Agreement This Agreement shall be effective on the date it is executed by both parties and will continue through December 31, 2012 ("Initial Term's unless terminated earlier as provided in Section Page 10 of 15 Dakota County Subscriber Agreement - Eagan 6-11-2007 (2) r r 5.4. After the Initial Term, this Agreement will automatically be extended for additional one (1) year terms, unless either party gives written notice of intent not to extend to the other party, at least one hundred twenty (120) days prior to the expiration of the then current term. 5.2 Cancellation of Agreement by the COUNTY Except as otherwise provided in Section 5.4, this Agreement may not be cancelled by the COUNTY during the Initial Term. Thereafter, this Agreement may be cancelled by the COUNTY for lack of funding to operate the County Subsystem, taking the County Subsystem out of service, and other material causes not attributable to the CITY, upon three hundred and sixty five (365) days written notice to the CITY, provided that any such cancellation by the COUNTY shall be pursuant to a resolution adopted by the Dakota County Board of Commissioners. 5.3 Cancellation of Agreement by the CITY This Agreement may not be cancelled by the CITY during the Initial Term. Thereafter, this Agreement may be cancelled by the CITY at any time with or without cause upon thirty (30) days' written notice to the COUNTY, provided that any such cancellation by the CITY shall be pursuant to a resolution adopted by the CITY Council. 5.4 Cancellation of Agreement for Default The failure of either party to perform any material term of this Agreement shall constitute a default. Default by the CITY shall include, but is not limited to, continued misuse of the County Subsystem, breach of County Subsystem data security, and failure to make payments in accordance with the provisions of this Agreement. If the CITY's default of this Agreement is for the failure to make timely payments to the COUNTY, the CITY may cure the default within Thirty (30) days of receiving notice of the default from the COUNTY. If the CITY's default of this Agreement is for misuse of the County Subsystem or breach of County Subsystem data security, the CITY may cure the default within Forty Eight (48) hours of receiving notice of the default from the COUNTY. If the CITY fails to correct the default within the applicable cure period, the COUNTY may immediately cancel this Agreement in its entirety. The COUNTY may cure a default of this Agreement within Thirty (30) days of receiving notice of the default from the CITY. If the COUNTY fails to correct the default within the cure period, the CITY may immediately cancel this Agreement in its entirety. Notwithstanding any provisions of this Agreement to the contrary, the defaulting party shall not be relieved of liability to the other party for damages sustained by the non-defaulting party by virtue of a default of this Agreement by the defaulting party. The above remedies shall be in addition to any other right or remedy available under law, statute, rule, and/or equity. Page 11 of 15 Dakota County Subscriber A reement - Eagan 6-11-2007 (2) T It The failure to insist upon strict performance of any provisions or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. 5.5 Action Upon Termination or Cancellation Upon expiration or cancellation of this Agreement, the CITY shall cease all use of the County Subsystem including using the County Subsystem with radios owned by the CITY. The CITY"S obligation to protect private data and prevent unauthorized access to the County Subsystem information and radio code plugs shall survive termination or cancellation of this Agreement. ARTICLE 6 MERGER and MODIFICATION 6.1 Entire Agreement It is understood and agreed to that the entire agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All Appendices referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. 6.2 Amendments to Agreement Any alterations, variations, modifications, or waivers of provisions of this Agreement, except for revisions to Appendix A as provided for below, shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the authorized representatives of both parties. 6.3 Appendix A Revisions Appendix A, including the Fees Table, shall be updated by the COUNTY and provided to the CITY annually, and at other times as deemed necessary by the COUNTY, to reflect any changes to the County Subsystem Support Fees, the County Radio Repair and Maintenance Fees and the MESB Regional System Pass Through Fees. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Independent Parties It is mutually understood that this Agreement does not create an employment relationship between the parties, nor does it create a partnership or joint venture. Page 12 of 15 Dakota County Subscriber Agreement - Eagan 6-11-2007 (2) t f' 7.2 Liability Each party agrees that it will be responsible for its own acts and the results thereof, to the extent authorized by law, and shall not be responsible for the acts of the other party and the results thereof. The parties' liability is governed by the provisions of Minnesota Statutes Chapter 466 and any other applicable laws. 7.3 Data Privacy The CITY and the COUNTY, their officers, agents, partners, employees, volunteers or subcontractors agree to abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality, and as any of the same may be amended. 7.4 Records-Availability/Access Subject to the requirements of Minnesota Statutes Section 16C.05, Subd. 5 (as may be amended), the CITY agrees that the COUNTY, the State Auditor, the Legislative Auditor or any of their duly authorized representatives at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents and records, etc., which are pertinent to the accounting practices and procedures of the CITY and involve transactions relating to this Agreement. The COUNTY Agrees that the CITY, State Auditor, or any other duly authorized representatives shall have similar access to and the right to examine, audit, excerpt and transcribe any books, documents and records which are pertinent to the accounting practices and procedures or the COUNTY and involve transactions relating to this Agreement. Such materials shall be maintained and such access and rights shall be in force and effect during the term of this Agreement and for six (6) years after its termination or cancellation. 7.5 Contract Administration To coordinate the obligations and responsibilities of the CITY and COUNTY under this Agreement, the following persons shall serve as liaisons between the COUNTY and the CITY. For the COUNTY For the CITY Name: BJ Battig, Risk Manager Name: Jim McDonald, Police Chief Phone: 651-438-4532 Phone: 651-675-5801 7.6 Notices Any notice or demand which must be given or made by either Party under the terms of this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail. Notices to the COUNTY and to the CITY shall be sent to the addresses stated below: Page 13 of 15 Dakota County Subscriber Agreement - Eagan 6-11-2007 (2) r ■ To COUNTY: Dakota County Administrator Dakota County Administration Center 1590 Highway 55 Hastings, MN 55033 To CITY: City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 7.7 Minnesota Laws Govern The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and performance under this Agreement. Any litigation concerning the rights and obligations or the parties or performance of this Agreement will be venued in Dakota County District Court. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions shall remain in force. 7.8 Mediation The COUNTY and the CITY agree to submit all claims and disputes between them concerning their respective rights and obligations under this Agreement to the 800 MHz Policy Work Group. The 800 MHz Policy Work Group will consider the positions of the parties and will issue a recommended resolution of the claim or dispute. If the 800 MHz Policy Work Group cannot reach consensus on a recommended resolution, or if the COUNTY and the CITY do not agree to abide by the recommended resolution, either party may submit the claim or dispute to mediation. The mediation shall be conducted through a mutually agreed upon mediator. The parties shall decide whether mediation shall be binding or non-binding. If the parties cannot reach agreement on this issue, mediation shall be non-binding. If the claim or dispute cannot be resolved through mediation, either party may exercise its legal or equitable remedies and may commence judicial action prior to the expiration of the applicable statute of limitations. 7.9 Force Majeure Neither party shall be liable to the other for any loss, damage, failure, delay or breach in rendering any services or performing any obligations hereunder to the extent such failure, delay or breach results from any cause or event beyond the control of the party being released hereby ("Force Majeure'~, including, without limitation, fire or other casualty, acts or threatened acts of terrorism, pestilence or epidemic, strike or labor dispute, war or other violence, acts or inaction of any governmental authority, or any other causes beyond the reasonable control of the party. The excused party shall use reasonable efforts under the Page 14 of 15 Dakota County Subscriber Agreement - Eagan 6-11-2007 (2) circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or cease. 7.10 Reserving County Board Authority Nothing in this Agreement shall preclude the Dakota County Board of Commissioners from exercising its full authorities in relation to this Agreement. WHEREFORE, this Agreement is duly executed on the dates indicated below. COUNTY OF DAKOTA By Date Approved as to Form Assistant County Attorney Date CITY OF EAGAN By: Mike Maguire, Mayor Date ATTEST: City Clerk Date Dakota_Cou nty_5u bscri ber_Agreement_Eagan_06112007 Page 15 of 15 Dakota County Subscriber Agreement - Eagan 6-11-2007 (2) Agenda Information Memo June 19, 2007 Eagan City Council Meeting E. APPROVE AN AMENDMENT TO THE 2007 GENERAL FACILITIES RENEWAL & REPLACEMENT BUDGET ACTION TO BE CONSIDERED: To approve an amendment to the 2007 General Facilities Renewal & Replacement Budget. FACTS: • In late 2006, the City Council approved the 2007 Budget for the General Facilities Renewal & Replacement Fund. • Also in late 2006, the roof on Fire Station 4 was replaced and although the stations were both built in 1988 and there was some minor leaking in Fire Station 5, the roof repair on that station was delayed. A consultant has been retained by Public Utilities to look at the condition of roofs on certain utility facilities. The consultant also looked at Fire station 5 and is recommending that the roof be replaced this year. The consultant is suggesting there would be some cost savings by combining the smaller fire station roof with the larger water treatment plant roof replacement project and is recommending that the roof be replaced at an estimated cost of $60,000. • Financing the roof replacement is consistent with the intent for the use of the City's General Facilities Renewal & Replacement Fund, although this specific project was not previously budgeted for 2007. • To protect the City's investment in the building and equipment it is staff's recommendation that the work be undertaken in 2007. • There is an adequate balance in the fund to provide the necessary 2007 funding for this project. Use of the money in 2007 will be taken into consideration in final preparation of the 2008 budget for this fund. ATTACHMENTS: (None) f' Agenda Memo Regular City Council Meeting June 19, 2007 CONSENT AGENDA: F. Tree Maintenance Contractor Licenses for Vertical Perfections Tree Care and Oleson's Tree Service ACTION TO BE CONSIDERED: Approve Tree Maintenance Contractor Licenses for Vertical Perfections Tree Care and Oleson's Tree Service FACTS: • Both Vertical Perfections Tree Care and Oleson's Tree Service have applied for a tree maintenance contractor license and have met all the requires of the application. • Fees have been paid and staff deems the applications in order for approval ATTACHMENTS: None. The applications are available for review in the Administration Department. f f' Agenda Memo Regular City Council Meeting June 19, 2007 CONSENT AGENDA: G. Massage Therapy Establishment License Renewals for 2007 - 2008 ACTION TO BE CONSIDERED: Approve Massage Therapy Establishment License Renewals for 2007-2008 for the following: o Massage Envy, 3250 Denmark Avenue o Solimar Wellness Spa, 1121 Town Centre Drive, Suite 105 o Keep In Touch of Eagan, 3424 Denmark Avenue o Cloud Nine Salon and Spa, 1284 Town Centre Drive, Suite 114 o Rejuv Skin and Laser Clinic FACTS: • Massage Therapy Establishment Licenses run from July 1 to June 30 of each year. • The above listed establishments have applied to renew their licenses for 2007-2008. • All requirements of the applications have been met and staff deems the licenses in order for approval. • During the 2006-2007 licensing period, the City had 11 licensed massage therapy establishments. • The deadline for submission of renewal applications is June 15, therefore should other applications be submitted after the packet has been delivered, staff will submit the information in the additional information packet to be delivered to you on Monday. ATTACHMENTS: None. The applications are available for review in the Administration Department. 3i Agenda Information Memo June 19, 2007, Eagan City Council IV. CONSENT AGENDA H. RESOULTION TO CHANGE STREET NAME CHANGE OF 81sT STREET WEST OF COACHMAN ROAD ACTION TO BE CONSIDERED: To adopt the Resolution to change the name of 81St Street, west of Coachman Road, to Hunt Drive. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The City Council approved the request to consider the change of street name from 81St Street to Hunt Drive on April 17, 2007. ➢ The City Council approved the Planned Development Amendment and Final Plat for Terra Glenn Lofts on March 6, 2007. ➢ The Terra Glenn Lofts development is adjacent to 81St Street which is one of five numerical streets within the City and is part of the original Blue Cross Blue Shield overall development masterplan. ➢ Blue Cross Blue Shield has proposed to change the name of the road to Dorothy Hunt Drive. ➢ Dorothy Hunt worked for BCBS for approximately 30 years. Hunt became Vice President of actuarial research in 1965, the first female Vice President in a Blue Cross plan. She retired in 1973. ➢ City Policy has been to name streets with last names only, therefore Hunt Drive has been proposed. ATTACHMENTS 2): Resolution, page 3 Location map, pag ~3z ~ o CITY OF EAGAN Street Name Change Resolution Whereas, on March 6th, 2007, the Final Plat of Terra Glenn Lofts was approved by the City Council; and, Whereas, this Plat was recorded at the Dakota County Recorder's Office, Hastings, Minnesota, on WHEREAS, NOW, THEREFORE, BY IT HEREBY RESOLVED that this street name 81St Street be changed to Hunt Drive. City of Eagan By: Its Mayor Attest: Its City Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: CERTIFICATION 1, 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 19th day of June, 2007. Maria. Petersen, City Clerk Q Eagan Boundary /U P gc i f -wa Are a Location Map ~ParkAre - Building Footprint y t 4F # L Imp B, 111 ® , X11 Millis • P Location I' Bill 0 L f J P ff+, ALP t~ * X i• r Me ON Fff en t • *17-7 hHb i ~ m P A MW L-22ho S. IL RUN • ww 06. I M 1000 0 1000 2000 Feet NEW 81st Street Location Map Prepared using y Office ce of 9.1. Parcel a base map data provided N by Dakota County of G1S and if current as of April il 2005. 005. City of Eala THIS MAP IS INTENDED FOR REFERENCE USE ONLY W & The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Dw.lopm.nt Department not responsible for errors or omissions. T 11 Agenda Information Memo June 19, 2007, Eagan City Council Meeting L APPROVE TEMPORARY ON-SALE LIQUOR LICENSE FOR FAITHFUL SHEPHERD CATHOLIC SCHOOL AND WAIVE $150 FEE ACTION TO BE CONSIDERED: To approve a temporary on-sale liquor license for Faithful Shepherd Catholic School and waive the $150.00 license fee. FACTS: ➢ Faithful Shepherd Catholic School has requested a temporary on-sale liquor license be issued to them for a fundraiser planned for September 21, 22 and 23, 2007. The fundraiser is the fourth annual "Septemberfest", which. is being held to raise money for the operation of the school. ➢ During last year's event, the Police Department received several noise complaints. The organizers of this year's event are working with the Police Department to ensure that noise mitigation efforts are undertaken. ➢ The application form has been submitted and deemed in order for approval by staff and the Police Department. ➢ Faithful Shepherd Catholic School is asking that the $150.00 license fee be waived. Following Council approval, the application will be forwarded to the Department of Public Safety/Liquor Control Division for their approval. ATTACHMENTS (2): 22 Letter and security plan enclosed on page through V~ e May 21, 2007 Dear City Council Members: I respectfully request that the Eagan City Council waive the $150.00 application fee for a temporary liquor license for the weekend of September 21,22 &23, 2007. We are holding our fourth annual "Septemberfest" at Faithful Shepherd Catholic School and Tri- Parish Center. The purpose of "Septemberfest" is fundraising. All proceeds from the event will go to the school. Faithful Shepherd Catholic School will follow the City of Eagan's ordinance amendment by incorporating procedures that will be followed to engage in the temporary sale of alcohol beverages. Our designated area and security plan is attached. The security plan was worked on with. Jeff Johnson & Mike Fineran of the Eagan Police Department. If you have any questions, 1 can be reached at 651-452-6750. Thank you for your consideration. Respectfully submitted, tl r J Tom Udelhoven, Security Chair 2007 Faithful Shepherd Catholic School "Septemberfest" i I I \ I \ I O 0 o a~ ~m ~1 1 ~x 0 N .Z1 --q OZ C 0 o ~9rrw I I Z a- v a ° m G i o o ~o 0- -T F~y0 0O0 G Z f M ~C SEPTEMBERFEST LAYOUT [ •••~~~'''jjjVTl I r FAITHFUL SHEPHERD CATHOLIC SCHOOL ~X, y 3355 COLUMBIA ORI`/E EAGAN, MN - ~ f ~yEf9 N 6+ E, o SEPTEMBERFEST _ 200f ~~;5 D E S I G N aCr k, ENLARGED PLAN f C' Security Plan "Septemberfest 2007" September 21, 22 & 23, 2007 Designated Property for the event: Designated property for the event will be - Faithful Shepherd Catholic School - Event will be held on the west side of the school - a stage will be set up with bands playing Friday night and Saturday night. Most of the activities will be on the Westside parking lot of the School. A designated area to serve and consume alcoholic beverages will be established. This will be fenced with designated entrance and exit gates. The following is a "tentative" schedule of events: FRIDAY --6:00 - 12:00 am Food/Beer Garden/Live Music SATURDAY: -6:00 - --12:00 am Food/Beer Garden/Live Music SUNDAY: 11:00 -12:00 pm Tri-Parish Outdoor Mass 12:00 - 4:00 pm Food/Beer Garden Security Measures: • No person under the age of 21 years of age will be sold or served alcoholic beverages. • No person will sell or give alcohol beverages to an obviously intoxicated person. • All persons who consume, purchase or possess an alcoholic beverage in the licensed area will be issued and required to wear a wristband. (Wristbands will be purchased from the list provided from the City of Eagan.) • Wrist bands will be issued to those individuals who possess valid identification and are 21 years of age or older. • Alcoholic beverages will only be served to those with proper wristbands. • No person selling alcohol shall be intoxicated or consume alcohol during his or her work shift. • Licensee will post signs at all entrances of the school to notify the public that sales to and consumption of alcoholic beverages by person's under the age of 21 or to persons intoxicated is prohibited. r r' • Licensee will follow the designated hours listed in the City of Eagan Procedures - (Sales of alcohol will be shut down 1/2 hour before the end of the event.) • Licensee will provide security to monitor the licensed area - Discussions are in process with Sgt. Mike Fineran - Eagan Police Department to use off-duty officers during the event. Along with this, there will be a police car stationed at both entrances to the event. We will also be asking the Eagan Explorer Scouts to assist in other areas of the event, such as the parking lots. • Licensee will designate an on-site manager of the licensed area who shall be within the licensed designated area at all times during the hours of sale. The on-site manager will complete training in alcohol beverage service and will train servers and security personnel of the same. • Will also be contacting Taxi Services this year and post signs for service - telephone numbers and locations. Agenda Information Memo June 19, 2007, Eagan City Council Meeting J. EXTENSION OF PRELIMINARY SUBDIVISION, VARIANCE AND CONDITIONAL USE PERMIT APRPOVALS (NATURE'S POINT) - EPIC DEVELOPMENT X LLC ACTION TO BE CONSIDERED: To approve a one-year extension of the Preliminary Subdivision, Conditional Use Permit and Variance approvals for Nature's Point, located west of 1-35E on Taconite Trail in the SE 1/4 of Section 20 and SW 1/4 of Section 21. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The City Council approved the Preliminary Subdivision, Conditional Use Permit and Variance on July 6, 2006. ➢ A dispute between the developer and the seller of one of the parcels has delayed this project. Until that issue is resolved and the developer has ownership of all the land encompassed by this development, the project cannot move forward. ➢ City Code states that a Preliminary Subdivision approval expires if Final Subdivision approval is not obtained within one year. City Code also states that approvals for Variances and Conditional Use Permits become null and void if not utilized within one year. ➢ This request would extend the approvals until July 6, 2008, allowing additional time for the developer and seller to resolve their issues. ➢ A condition regarding park and trail dedication was inadvertently omitted from the preliminary approval. Therefore, approval of this extension request will include a condition stating "This development is subject to cash park and trail dedications for ten new lots payable at the time of final plat at the rates then in effect." ATTACHMENTS (1): I Letter from Epic Development, page '1 l 40 MEPIC DEVELOPMENT, LLC Memorandum To: Mr. Mayor and Members of the City Council From: Rich Ragatz of Epic Development X, LLC Date: April 3, 2007 RE: Natures Point Preliminary Plat Extension Mr. Mayor and Members of the City Council, I would like to formally ask, in writing, for an extension on the Preliminary Plat Approval for the Natures Point twin home development to be located along Taconite Trail and Deerwood Drive in Eagan, MN. Currently, we own two out of the three parcels and have been diligently trying to resolve the issue on the third parcel, 1720 Taconite Trail. There is a long story associated with this, but in a nutshell, the house was considered completely damaged due to water and mold problems after a couple of pipes froze and subsequently, leaked (prior to purchase). The Judge ruled in our favor, however, the insurance company, Horace Mann, has not followed the ruling and we are working on enforcing this issue. We are close to resolving this small nightmare and plan on moving forward with the Natures Point development this summer. These delays have caused a serious hardship for us and we cannot move forward without ownership of all three parcels. Please allow us a one year extension on the Preliminary Plat for Natures Point so that we do not encounter anymore delays. We look forward to developing a quality twin home development. Thanks for your consideration and sorry for the inconvenience. Sincerely, X ~`./1 y /3/0? Richard Ragatz, President and Chief Manager Epic Development X, LLC ~I 9820 Sky Lane / Eden Prairie, MN 55347 / Phone: 612.730.2814 J Fax. 952.906.35 57 / Email: rich0epicdeyelopmomt.corn r r' Agenda Information Memo June 19, 2007 Eagan City Council K. FINAL SUBDIVISION (NOVUS ADDITION) -„LAUKKA-JARVIS ACTION TO BE CONSIDERED: To approve a Final Subdivision (Novus Addition) located south of O-Neill Road adjacent to the Inver Grove Heights border, in the NE 1/4 of Section 1. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present. FACTS: ➢ The Preliminary Subdivision was approved August 15, 2006. ➢ All documents and Agreements have been received and are in order for execution at the regular meeting of the City Council. ATTACHMEN S (1): Final Plat, page r r . 8,7,10 p.k~] - w m 17 z - - - - - - - - - - - - - - - - - - - - - e AMES ' 4 c Y C'~O. Yea a _ • ~ ~ ~V',r~ v i UY 5 w h r +po v. 7~ I A_•~'J8•_~a'oa' QQ I O - x~ vas,. '~iL 4B. M R n M1~? F ~ 1 Ya v" ~ , ~ ° ~ 1 "pv ~ r+y1 c ~ ~ V S~ ~ n 11 In r 't^.. snr,a':J7'e ~ r~ qR~3 r~~r~33ee - gp -41 aA Q, I~ gg e ~ IT. VID, 'r 9. x ° eF cl lit ;0 a~ a r r Agenda Information Memo June 19, 2007, Eagan City Council L. EXTENSION OF FINAL PLAT APPROVAL (TERRA GLENN LOFTS) ACTION TO BE CONSIDERED: To approve a 60-day extension of the Final Plat 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 '/a of Section 16. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The City Council approved the Final Plat on March 6, 2007. ➢ The City Council approved a 30-day extension to the Final Plat on May 15, 2007 to allow an easement vacation to occur at the request of the County. ➢ The applicant has a purchase agreement on the property which would result in a necessary name change on the Plat. Until the correct title is in place, the Plat cannot be recorded and therefore the need for the requested extension. ➢ This 60-day extension would allow until August 19, 2007 for the plat to be recorded. ATTACHMENT (1): Applicant Letter, page 44 r r i i I i YANKEE DOODLE PROPERTIES, INC. 12415 - 55'x' Street N. Lake Elmo MN 55415 June 13, 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 60-day extension of time to record the final plat of Terra Glenn Lofts with Dakota County. Applicant has a purchase agreement with Terra Glenn Lofts, LLC ("Lofts") to acquire the property subject to the plat. Consequently, when the plat was prepared, it was prepared in the name of Lofts. While Lofts has obtained the necessary financing to acquire the property, Land Title, Inc. has not yet issued a title commitment to Lofts lender so that the land transfer can take place. Until Lofts is in title, the plat cannot be recorded, therefore the need for this extension. 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) 439-2414 if you have any questions. Sincerely, Dwight S. Harvey, for Yankee Doodle Properties, Inc. Enclosure I r ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE, CHAPTER FOUR, ENTITLED "CONSTRUCTION LICENSING, PERMITS AND REGULATION" BY AMENDING SECTION 4.01 REGARDING BUILDING CODE ADOPTION; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 4.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Four is hereby amended by changing Section 4.01 to read as follows: Sec. 4.01. Building code adopted. The Minnesota State Building Code (SBC) (2004 2007), and any amendments thereto established and adopted from time to time b the Minnesota Commissioner of Administration including the following chapters of Minnesota Rules: A. 1300 Minnesota Building Code Administration; B. 1301 Building Official Certification; C. 1302 State Building Construction Approvals; D. 1303 Minnesota Special-Provisions; E. 1305 Adoption of the 2OW International Building Code; F. 1307 Elevators Related Devices; G. 1309 Adoption of the 2000 International Residential Code; H. 1311, Adoption of the 2000 Guidelines for Rehabilitation of Existing Buildings; 1. 1315 Adoption of the 2002 National Electrical Code; J. 1325 Solar Energy Systems; K. 1330 Fallout Shelters; L. 1341 Minnesota Accessibility Code M. 1346 Minnesota Mechanical Code as revised 2004; N. 1350 Manufactured Homes; O. 1360 Prefabricated Buildings; P. 1361 Industrialized/Modular Buildings; Q. 1370 Storm Shelters; R. 4715 Minnesota Plumbing Code; 1 4~ r r' S. 7670, 7672, 7674, 7676 and 7678, Minnesota Energy Code; T. 1335 Flood Proofing Regulations; and Tthe current edition of Minnesota State Fire Code Chapter 1306 and Special Fire Protection System , are hereby adopted by reference as though set forth verbatim herein. One copy of said code shall be marked CITY OF EAGAN-OFFICIAL COPY and kept on file in the protective inspections department and open to inspection and use by the public. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 4.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Maria Petersen By: Mike Maguire Its: Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: 2 r r MINNESOTA DEPARTMENT OF LABOR INDUSTRY A trusted resource utilized by employees and employers OFFICE MEMORANDUM DATE: May 8, 2007 TO: Code Officials, Design Professionals, Contractors, and Suppliers FROM: Thomas C. Anderson Jerry Rosendahl State Building Official State Fire Marshal PHONE: (651) 284-5068 SUBJECT: State Building and Fire Code adoption delayed to July 10, 2007 July 10, 2007, has been confirmed as the final adoption date of the Minnesota Building and Fire codes. While the division's goal has been to have adoption occur on May 31, 2007, an unexpected delay occurred in the rule process. Commissioner Brener decided to delay the code after receiving a request from a segment of the industry requesting extra time for training and production of the code materials. After considerable discussion, it was decided a 40-day delay would not have an adverse impact on the code, yet would provide valuable time for stakeholders to obtain code materials and additional training for successful implementation of the code. On Monday, July 2, 2007, the notice of adoption will be published in the State Register with an effective date of July 10, 2007, for the following codes: • Chapter 1300 Minnesota Building Code Administration • Chapter 1303 Special Provisions Minnesota provisions of the State Building Code • Chapter 1305 Adoption of the International Building Code • Chapter 1306 Special Fire Protection Systems • Chapter 1309 Adoption of the International Residential Code • Chapter 1341 Minnesota Accessibility Code • Chapter 7511 State Fire Code (proposed new chapter to replace chapter 7510) Chapter 1307 Elevators and related devices was adopted and became effective Jan. 29, 2007. -more- r r The following codes are still in various stages of adoption and are expected to follow this fall. • Chapter 1311 Minnesota Conservation Code for Existing Buildings • Chapter 1322 Residential Energy Code • Chapter 1323 Commercial Energy Code • Chapter 1346 Mechanical and Fuel Gas Codes • Chapter 4715 Minnesota Plumbing Code • Chapter 5230 High-pressure piping, pipefitters, power piping system ~ ~ ~ ~ -~3 I- O i l 19)~ a r I p I , u i ~p_ 7C ass6 - ` Ae~ ~ 5 is; _ I I i I v !1'-:, CS'Oi M,0l,/LOON SS'S [ti's ~ LS / T~ vyy~~l~l~l g Fz - _0 .aA r' Agenda Information Memo June 19, 2007, Eagan City Council Meeting 0. FINDINGS OF FACT CONCLUSIONS & RESOLUTIONS OF DENIAL - VARIANCE - ATLAS OF MINNESOTA INC. ACTIONS TO BE CONSIDERED: To adopt the Findings of Fact, Conclusions & Resolution of Denial of a request for a Variance to the required building finish materials for a new office warehouse building at 2811 Highway 55 in the SE '/4 of Section 02. REQUIRED VOTE FOR APPROVAL: Majority of Council Members present FACTS: ➢ At its regular meeting on June 5, 2007, the City Council directed staff to prepare Findings of Fact, Conclusions & Resolution of Denial regarding the building finish variance considered at the June 5, 2007, Council meeting. ➢ The City Council amended the City Code in 2006 to require a higher standard of building finish materials which included industrial developments. The proposed precast concrete panel finish is classified as a Class III material and is allowed to compose not more than 35% of the building finish; as such, a variance was required. 60 DAY AGENCY ACTION DEADLINE: July 9, 2007 ATTACHMENTS (2): Qpn Findings of Fact on page5Uthrough Draft June 5, 2007 City Council minutes on page~i~go- 53 1 t' BEFORE THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Application of Atlas of Minnesota, Inc. FINDINGS OF FACT, for a Variance to the Building Design CONCLUSIONS AND Requirements in the I-1 Zoning District RESOLUTION This matter came before the Eagan City Council at its meeting of June 5, 2007. The Council received and considered the May 31, 2007, Planning Report; input from City staff, testimony from the neighboring property owner, together with all existing files, records and material as presented to the Council. John Hoeschler appeared on behalf of Atlas of Minnesota, Inc. at the public hearing and presented a Powerpoint display. Based upon all the files, records and input which were presented at the meeting, the City Council makes the following Findings of Fact, Conclusions and Resolution. FINDINGS OF FACT 1. Atlas of Minnesota, Inc. (the "Applicant") is the owner of the real estate generally described as parts of Lots 6 and 7, Robert O'Neill Homestead Addition, lying southerly of the Southwest Right of Way of Highway 55, with a tax identification number of 10-53320-072-00 (the "Property"). 2. The Property is designated as IND, Limited Industrial within the City's Comprehensive Guide Plan-Land Use Section. 3. The Property is zoned I-1, Limited Industrial under the City's Code of Ordinances. 4. The Applicant is desirous of constructing a 200,000 square foot warehouse and office showroom building on the Property, which building will be located within 800 feet of State Highway 55 (the "Project"). 5q r f' 5. Section 11.70, subd. 21 of the City Code contains specific building design requirements for buildings located within the I-1 zoning district. 6. Under Section 11.70, subd. 21(B)(3)(b), exterior building materials are divided into four (4) classes: Class I consists of brick; natural stone; glass; copper panels; other comparable or superior materials (as approved by the City Council); Class II consists of specialty concrete block such as textured, burnished block, or rock faced block; masonry stucco; other comparable or superior materials (as approved by the City Council); Class III consists of exterior finish installation system (EFIS); architecturally precast textured concrete panels; opaque panels; ornamental metal; other comparable or superior materials (as approved by the City Council); and Class IV consists of smooth concrete block; smooth scored concrete block; smooth concrete tip-up panels; ceramic; glass block; wood; other comparable or superior materials (as approved by the City Council). 7. Subd. 21(B)(3)(b)(B) of Section 11.70 requires that newly constructed buildings incorporate the classes of materials as follows: (2) Buildings within I-1, 1-2 and BP zoning districts and located 800 feet or less from a county, state or federal right of way shall use at least two different Class I or Class II materials and the building must compose of at least 65% Class I or Class II, not more than 35% of Class III or Class IV materials and no more than 10% of the building shall be Class IV materials. 8. The Applicant is requesting a variance from Section 11.70, Subd. 21 in order to use precast concrete panels, with an exposed aggregate exterior surface, for more than 35% of the building (the "Application"). 9. At the hearing, Applicant's representative sought to have the Council determine that precast concrete panels, with exposed aggregate exterior surface, is a Class I or Class II material. r r 10. The City's Community Development Department made a determination that the precast concrete panels, with the exposed aggregate exterior surface, is classified as a Class III material and is therefore required to compose no more than 35% of the building. 11. Section 11.50, subd. 3(B)(3) sets forth the factors for the City Council to consider in approving or denying a request for a variance. These factors are as follows: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special conditions or circumstances do not result from the actions of the applicant. d. That granting of the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. 12. The Applicant has stated that it has a hardship in that the building material requirement is not conducive for a 200,000 square foot warehouse and office showroom building and is a dramatically different standard in an area that already has a predominant style. CONCLUSIONS 1. In 2006, the City Council approved a revision to the City Code as a tool to enhance new construction through the utilization of higher quality building materials which resulted in the adoption of Section 11.70, subd. 21 to the City Code. 5C~ 2. The Applicant's request does not arise out of exceptional or extraordinary circumstances that apply to the Property, and which to not generally apply to other properties in the I-1 zoning district. 3. Enforcement of the ordinance does not deprive the Applicant the use of its property in a manner commonly enjoyed by other properties in the I-1 district. 4. The Applicant's request will confer on the Applicant a special privilege that is denied by the ordinance to owners of other land, structures or buildings in the 1-1 zoning district without a similar need for a variance. 5. The Applicant's request is a total deviation from the restrictions within the ordinance and as such, would far surpass a minimum variance that could alleviate any hardship (example: the use of Class III material on 38% of the building surface). 6. The granting of a variance to the Applicant would be materially detrimental to the purposes of the ordinance and any compromise to the standards invites more variance requests. 7. While the ordinance may result in the construction of new buildings with materials substantially different from existing facilities in the area, the result is the express purpose of the ordinance which is to elevate the requirements of exterior building materials, particularly as they relate to properties adjacent to state highways such as Highway 55. 8. An ordinance must be read in its entirety which the Applicant fails to do in arguing that exposed aggregate is a natural stone surface and thus, it qualifies as a Class I or Class II material. 9. Class IV material includes smooth concrete tip up panels. The Applicant is desirous of using concrete tip up panels, but to have something other than a smooth surface. 10. Class III materials include precast textured concrete panels. As noted, Applicant desires to use concrete panels with an exposed aggregate adhered to the exterior surface. The 51 r F aggregate is cast as part of the concrete panel and is not attached after installation, and meets the definition of Class III material. 11. The enforcement of the literal interpretation of the ordinance does not deprive the Applicant of the viable use of the Property as I-1, Industrial zoned land. RESOLUTION The City Council of the City of Eagan does hereby resolve that the Applicant's request for a variance to the building design requirements in the I-1 zoning district is hereby denied, as is Applicant's request for an interpretation of the ordinance. Dated at Eagan, Minnesota this day of , 2007. CITY OF EAGAN By: Mike Maguire Its: Mayor By: Maria Lynn Petersen Its: City Clerk 58 Eagan City Council Meeting Minutes June 5, 2007 Page 3 VARIANCE MICHAEL SUPINA City Administrator Hedges introduced this item regarding a Variance to the required 10 foot side yard setback to construct a second floor addition over the garage at 1656 Sherwood Way. City Planner Ridley gave a staff report. Mik.e Supina, applicant, discussed his plans for the second floor addition to his house and the need for a variance. Mayor Maguire opened the public hearing. Jill Carey, adjacent property owner, expressed her opposition to the proposed variance There being no further public comment, Mayor Maguire closed the public hearing and turned discussion back to the Council. The Council stated that based on the grade of the property, the twenty-five year encroachment and the existing distance between the two homes, the proposed Variance request was reasonable. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the vacation of public drainage and utility easement within Lot 6, Block 1 Brittany 2"d Addition, Lot 6, Block 1 Brittany 2"d Addition and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Variance to the required 10 foot side yard setback to construct a second floor addition over the garage at 1656 Sherwood Way in the SW '/4 of Section 33. Aye: 5 Nay: 0 VARIANCE - ATLAS OF MINNESOTA, INC. City Administrator Hedges introduced this item regarding a requested variance to the required building materials for a new warehouse and office showroom building at 2811 Highway 55. City Planner Ridley gave a staff report. Jack Hoeschler, representing Atlas, discussed the proposed building materials for the office warehouse building. He noted other buildings in the area and City that are not currently in conformance with the current building standards. Mayor Maguire opened the public hearing. Greg Miller, Interstate Partners discussed the area buildings that Mr. Hoeschler had pointed out in his PowerPoint presentation. He stated that he would like to see the site in question redeveloped but he believed the requested deviation to finish materials would be a step backward and not appropriate with the original intention for the area. There being no further public comment, he closed the public hearing and turned discussion back to the Council. Councilmembers stated the finish standard requirements were established after much consideration and that deviating from them at this point would essentially break a promise the City Council made to the area and the City of requiring higher quality exterior finish materials in commercial/industrial areas. It was the consensus of the Council not to deviate from the building finish standards. Councilmember Fields moved, Councilmember Tilley seconded a motion to direct Findings of Fact for Denial for a Variance to the required building materials for a new warehouse and office showroom building at 2811 Highway 55 in the SE '/4 of Section 02. Aye: 5 Nay: 0 r f Agenda Information Memo Eagan City Council Meeting Consent Agenda June 19, 2007 P. AUTHORIZE SUB SION OF CERTIFICATION TO SERVE AS CONDUIT FOR FMHA/METROPOLITAN COUNCIL FUNDING FOR DAKOTA COUNTY CDA APPLICATION ACTION TO BE CONSIDERED: To authorize the submission of Acknowledgement of Receptivity to an LCA Funding Award to permit the City to serve as conduit for FMHA/Metropolitan Council Funding for Dakota County CDA Supportive Young Adult HousingApplication. FACTS: • The Dakota County CDA is in the process of evaluating the possible location of a young adult supportive housing facility in the City of Eagan. The concept for such a facility was reviewed by CDA staff at a City Council workshop in April. At that time, the Council directed staff to work with the CDA to further develop the concept and identify a potential location for it. • City and CDA staff continue to work on the possible details of the project and will present additional information to the City Council as it becomes available. • In the meantime, the CDA has identified a funding opportunity to submit an application for GO Bond financing through the Minnesota Housing Finance Agency. In order to qualify for the funding, an application needs to be submitted by June 19, 2007, including an acknowledgement by the host city to serve as a conduit for the funds, if the application is approved and the project moves forward. • Approval of this action permits the application to move forward in a timely manner, but it does not commit the City to serve in this function unless the project is approved. There is no matching funds requirement associated with this acknowledgement. ATTACHMENTS: r n I • Acknowledgement form on page r ACKNOWLEDGEMENT OF RECEPTIVITY TO AN LCA FUNDING AWARD As a participant in the Livable Communities Local Housing Incentives Account Program, the City of Eagan supports the affordable and life-cycle objectives of the Livable Eagan (name of city or township) Communities Act (LCA). Accordingly, it will accept and make available in a timely manner to Request for Proposal (RFP) applicant - Dakota Count Community Development Agency any LCA award to the city/township to assist the housing program or activity proposed in this application if such an award is made. By: (Authorized City Official) PROPOSED PROJECT INFORMATION (Required for grant contracting purposes.) Project Name: Dakota County Youth Supportive Housing Project Location: Gold Trail & Cedar Grove Parkway City: Eagan Street boundaries, address or major Gold Trail Cedar Grov Parkway intersection: Project Contact: Name: Andrea Brennan Dakota Count CDA Address: 1228 Town Centre Drive City: Eagan Zip Code: 55:123 Phone Number 651-6754478 Fax Number" 651-6754444 E-mail: abrennan dakotacda.state.mn.us City/township contact Name: Jon Hohenstein person for executing grant agreement: Title: Community Development Director Phone: 651-675-5653 E-mail: JHohenstein(&cityofea¢an.com Authorized city, county Name: Mark Ulf r or development authority official(s) for contract signature(s) Title: Executive Director. Dakota County CDA Agenda Information Memo June 19, 2007 Eagan City Council Meeting 0. DEVELOPMENT ACCEPTANCE & MAINTENANCE AUTHORIZATION - CITY PROJECT 05-R (Nicols R.idee 2nd) ACTION TO BE CONSIDERED: Acknowledge the completion of improvements for City Project No. 05-R (Nicols Ridge 2nd) under terms of the Development Agreement and authorize perpetual City maintenance subject to warranty provisions. FACTS: • Nicols Ridge 2°d is a townhome and condo residential development located off Cedar Grove Parkway in the Cedar Grove area in the northwest corner of the city. This development required the installation of public sanitary sewer, water main, and storm sewer, 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. r r Agenda Information Memo June 19, 2007 Eagan City Council Meeting R. CITYWIDE SANITARY SEWER LINING ACTION TO BE CONSIDERED: Acknowledge the completion of Contracts 02-18, 03-06, 04-08, 05-07, 06-07 (Sewer Lining) and authorize acceptance for perpetual maintenance. FACTS: • The rehabilitation and lining of approximately 5,000 linear feet per year of various sanitary sewer segments throughout the City has been an ongoing annual program under the City's 5 year CIP. With the completion of each annual contract, acknowledgement of completion and acceptance for perpetual maintenance should have been formally acted on by the City Council. In researching the history of this particular improvement program, it was discovered that formal Council action had not been processed for the contracts over the last 5years. These contracts are now being collectively brought to the Council at this time to officially close out these files. • All of the construction activity for said improvements has been satisfactorily completed and found to be in order for favorable Council action. r r Agenda Information Memo June 19, 2007 Eagan City Council Meeting S. CONTRACT 06-01 TH 149 RECONSTRUCTION & UPGRADE TH 55 - ALBANO TRAIL ACTION TO BE CONSIDERED: Authorize a variance to the Construction Activity Noise Regulations to allow construction activity between the hours of 12:00 a.m. (midnight) and 4:00 a.m., on Saturday, June 30 and 12:00 a.m. (midnight) to 9:00 p.m., on Sunday, July 1 during the closure of the intersection of Yankee Doodle Road and TH 149 as part of Contract 06-01 (TH 149 - Upgrade). FACTS: • The City of Eagan is the lead agency in partnership with the Minnesota Department of Transportation (MnDOT) for Contract 06-01 providing for the upgrade of a 2.7 mile segment of State Trunk Highway (TH) 149, beginning north of TH 55 and terminating in Inver Grove Heights at Albano Trail (south of Rich Valley Blvd/Co. Rd. 71). The upgrading of TH 149 to a 4-lane divided roadway includes a new traffic signal at the intersection of Wescott Road, and dedicated safety turn lanes at various street intersections. A trail will also be constructed along the east side between TH 55 and Wescott Road. • On April 17, 2007, the City Council authorized the successful bidder on Contract 06-01 the opportunity to work up to 20 hours a day, Monday through Saturday, as needed, to enable the completion of the construction project within the 2007 construction season and reduce the likelihood of "winter suspension" with related extra costs to the City of Eagan. • Section 10.37 of the City Code prohibits construction activity or the use of tools and equipment for construction activity between the hours of 10:00 p.m, and 7:00 a.m. The aforementioned variance approval extended the project work hours to 4 am to midnight, Monday through Saturday. • The Dakota County Transportation Department has approved the closure of the intersection of Yankee Doodle Road and TH 149 from midnight Friday, June 30 until 7:00 p.m. on Sunday, July 1 to accommodate the construction of Contract 06-01. • The opportunity for the contractor to reconstruct this busy intersection while the intersection is closed, will not only allow the work to be completed in a shorter period of time, but it will also reduce the associated safety impacts to the traveling public within a construction zone. • Advance notice to the traveling public will be installed 2 weeks in advance of the planned construction, posted on the web site and sent to the local papers. ATTACHMENTS: U5 • Detour Plan, page L1,4 I r ~ e ff a o 0 llvdl v1N30mv U aaoo~~ O: O O N ~ 'j'q ~ N t) = ri a ape°'~ Z = o ~o &L ~ W o N xN ~y1 RC RC tCC ZR av r ~ ~ _ 03500 ~ T Dian 3 y .,o a J p~rYO ° O ~alii 3w r'~iE ~ o~oyy"'r 7~; n Z ONO13 DYOM W = 6 J HAG ° O WV P - AO Hl n / a awe 39 ouw 0 50-l7 \ o y 04 a O i N ✓f \ AOAO CLOSED - V l~ ~ BEGINNING ~ A ~Oe p i MONTH OY v S~bD orx0 \ 4-Li. : n ~yy mEAD 19 AoAO aosEO 314 y 'IrRiL~wrrrc ar ~ TWA ~j AST s~ o °b O ~ O e j W ~ ~ O G°r G W Q N S~~A O W Y ab i Z ! fym ° porn a05E0 ~ J /,fir f t13 ~ z fill, 15330 W f a - - a @@ s N10130 1-3 VIM)13O \ ~ ~ d g i ~ T ~ T i 5E O'3Atl N010NIX31 DETOUR EAST OO °T' ai 00 \ O F Toua EAD O O y y/ CLL.s OSED a 9 AK ❑ i v cl AIL[ J l I~wS 31wM170pn LCbZ/Cl/9 J1YOlOld (.c>5 Agenda Information Memo June 19, 2007 Eagan City Council Meeting T. APPOVE PLANS & SPECIFICATIONS/ AUTHORIZE ADVERTISEMENT FOR BIDS - CONTRACT 06-08, -NORTH RIDGE DRIVE STORM DRAINAGE IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract 06-08 (North Ridge Drive Storm Drainage Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, July 19, 2007. FACTS: • Contract 06-08 provides for the construction of corrective storm drainage improvements to address recurring home flooding concerns in the North Ridge Drive neighborhood (City Project No. 939). • On May 9, 2006, the City Council directed City staff to proceed with neighborhood meetings with affected North Ridge residents to review the proposed project, and authorized preparation of detailed plans and specifications. • On June 1, 2006 and August 16, 2006 City staff held neighborhood meetings to review and discuss the proposed improvements, potential construction impacts, proposed schedule, and needed easements for the project. Alternative designs were incorporated into the detailed plans for bid solicitation comparison to allow the Council to evaluate the cost implications of resident requested options. • On September 28, 2006 formal bids for the base project and alternates were received. • On November 9, 2006, the City Council rejected the bids for Contract 06-08 because not all necessary easements were received at that time. The Council directed that staff continue to pursue necessary easements and that the project be re-bid for the 2007 construction season. • On November 9, the Council also directed that the pipe jacking/ auguring of the portion of the pipe improvements between 3864 and 3868 be the preferred method of construction. The plans and specifications have been revised to reflect this direction. • Plans and specifications have also been revised to reflect all work to be performed within existing permanent easements, with alternate bids for work within areas requiring temporary easements. Staff will continue to work with those property owners where temporary easements are needed prior to contract award consideration. • The plans and specifications have been completed by the City Engineer and are being presented to the City Council for their approval and authorization for the advertisement of bids. ISSUES: • The storm drainage project on North Ridge Drive has two parts; one is "pipe" improvements in the 3865/3864/3868 North Ridge Drive area and the other is backyard/overflow "grading" improvements in the 3849/3853/3857 North Ridge Drive area. The "pipe" improvements are necessary for the backyard "grading" work to occur, as it relies on the additional pipe capacity to function. The pipe improvements are not reliant on the backyard grading construction. t r' • While additional temporary easements in the "pipe" improvement area were desired, the pipe improvement work can be completed within existing permanent easements. The temporary easements continue to be pursued by City staff, but to date, 2 of the 5 affected property owners have not agreed to the temporary easements. • Temporary easements are necessary to complete the backyard grading/overflow improvements. To date, 2 of the 4 affected property owners have signed the temporary easements. If the necessary easements are not acquired by the time the City Council considers contract award, the contract specifications allow for this portion of the project to be deleted without compensation to the contractor. r C' ' Agenda Information Memo June 19, 2007 Eagan City Council Meeting U. CONTRACT 06-01, TH 149 RECONSTRUCTION & UPGRADE (TH 55 - ALBANO TRAIL) ACTION TO BE CONSIDERED: Approve Supplemental Agreement No. 2, Part A for Contract 06-01, TH 149 Reconstruction. FACTS: • The City of Eagan is the lead agency in partnership with the Minnesota Department of Transportation (MnDOT) for Contract 06-01 providing for the upgrade of a 2.7 mile segment of Trunk Highway (TH) 149, beginning north of TH 55 and terminating in Inver Grove Heights at Albano Trail (south of Rich Valley Blvd/Co. Rd. 71). The upgrading of TH 149 to a 4-lane divided roadway includes a new traffic signal at the intersection of Wescott Road, and dedicated safety turn lanes at various street intersections. A trail will also be constructed along the cast side between TH 55 and Wescott Road. • Supplemental Agreement No. 2, Part A, provides for the removal of unexpected, unsuitable material below the proposed roadway and replacement with appropriate backfill material. • The removal and replacement of the grading material will allow the contractor to construct the roadway for TH 149 in accordance with the contract specifications. (ADD $241,659). The cost of the additional work under the change order will be the responsibility of the City's Major Street Fund and MnDOT State Aid. MnDOT will fund all of the excavation and fill replacement within the subgrade preparation portion of the highway cross-section below the existing concrete slab. • The cost of the excavation and fill material is consistent with bid prices received for relevant bid items on other projects within the metropolitan area. • This supplemental agreement has been reviewed by the Engineering Division and found to be in order for favorable Council action. ll/~ Agenda Information Memo June 19, 2007 Eagan City Council Meeting V. CONTRACT 06-01, TH 149 RECONSTRUCTION & UPGRADE (TH 55 - ALBANO TRAIL) ACTION TO BE CONSIDERED: Approve Work Order No. 2 for Contract 06-01, TH 149 Reconstruction. FACTS: • The City of Eagan is the lead agency in partnership with the Minnesota Department of Transportation (MnDOT) for Contract 06-01 providing for the upgrade of a 2.7 mile segment of Trunk Highway (TH) 149, beginning north of TH 55 and terminating in Inver Grove Heights at Albano Trail (south of Rich Valley Blvd/Co. Rd. 71). The upgrading of TH 149 to a 4-lane divided roadway includes a new traffic signal at the intersection of Wescott Road, and dedicated safety turn lanes at various street intersections. A trail will also be constructed along the east side between TH 55 and Wescott Road. • Work Order No. 2 provides traffic control flagger personnel for use on the proj ect. • The traffic control flagger personnel will allow MnDOT personnel to complete unanticipated soil borings below the roadway surface of TH 149 while maintaining traffic on the highway rather than closing another segment of TH 149 (ADD $4,482). • The cost of the traffic control flagger personnel is consistent with bid prices received for relevant bid items on other projects within the metropolitan area. • This Work Order has been reviewed by the Engineering Division and found to be in order for favorable Council action. r r' Agenda Information Memo Eagan City Council Meeting Consent Agenda June 19, 2007 W. PROVE INTERIM O INANCE TO EXTEND MORATORIUM ON ELECTRONIC SIGNAGE DISPLAYS ACTION TO BE CONSIDERED: To approve an interim ordinance to extend the moratorium to perform a study of internally lighted signs within the City of Eagan. FACTS: ➢ Clear Channel Communications owns a substantial number of billboards throughout the region and the nation. In recent months, the company has begun to change out sign faces from static message boards to high definition electronic displays, including eight locations in the Twin Cities metropolitan area. ➢ One of the locations at which the new technology has been installed is the Clear Channel billboard located at 494 and Pilot Knob Road. The sign has been brought on line and the image on the sign face changes once every eight seconds. After installing and activating the sign face without the City's knowledge, the company approached City staff to provide an overview of the technology and its plans relative to future expansion of the technology to other signs. ➢ Internally lit signs of this kind represent a new technology that did not exist when most current sign codes were adopted. When such circumstances arise, it is worthwhile for the City to perform a study of the impacts of the technology and for the Council to consider possible revisions of the sign code in this regard. Enactment of a moratorium to permit the study and code review to be completed is the typical process by which such matters are addressed. ➢ A number of cities in the region are addressing this situation at this time and are considering options to amend codes to properly address it. In 2006, the City of Bloomington enacted an ordinance to regulate electronic displays and the City of Minnetonka has enacted a moratorium to perform such a study this year. The League of Minnesota Cities has offered to facilitate a coordinated approach to both a planning study and potential code amendment language that may be suggested by the study. If a moratorium is enacted, staff would recommend that the City participate in the LMC cooperative study to share costs and to insure that uniform information is available to all communities considering this matter. ➢ At its meeting of January 16, 2007, the City Council enacted a moratorium ordinance on the installation of new internally lit signs to permit the completion of a study of possible additional regulations for such signage. The Council also authorized staff to participate in the LMC coordinated study. LMC has determined that the basis of its study will be the study that was undertaken by the City of Minnetonka. That study is only now being finalized, together with additional information by the League regarding legal aspects for ordinances. As a consequence, it is anticipated that draft information will not be available to be presented to the City Council in advance of the current moratorium date of July 31, 2007. The approval of a two month extension b of the moratorium to September 30, 2007 is expected to permit the review by the Council and APC to be completed. ATTACHMENTS: None ~i r r' ' Agenda Memo June 19, 2007 Eagan City Council Meeting V. 2006 COMPREHENSIVE ANNUAL FINANCIAL REPORT ACTION TO BE CONSIDERED: To receive and accept the 2006 Comprehensive Annual Financial Report (CAFR). FACTS: • The CAFR for the year ended December 31, 2006 has been completed and the audit by Kern, DeWenter, Viere, Ltd. (KDV) has been performed. • KDV has expressed an "unqualified opinion"---the best opinion that can be given- on the financial statements. • A brief PowerPoint presentation reviewing the charts and tables included in KDV's "Memorandum on Financial Analysis Information, Accounting Policies and Procedures and Internal Control" will be made by Matt Mayer of KDV. • Mr. Mayer and Chief Financial Officer Pepper will be available to answer questions. ATTACHMENTS: • 2006 CAFR (without page number) • KDV's "Memorandum on Financial Analysis Information, Accounting Policies and Procedures and Internal Control" (without page number) r r" Agenda Information Memo June 19, 2007 Eagan City Council Meeting PUBLIC HEARINGS A LOT 2, BLOCK 1 UNISYS PARK ADDITION (UNISYS CORP) EASEMENT VACATION ACTION TO BE CONSIDERED: Approve the vacation of public drainage and utility casement within Lot 2, Block 1 Unisys Park Addition and authorize the Mayor and City Clerk to execute all related documents. 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 the public hearing were published in the legal newspaper and sent to all potentially affected and/or interested parties for comment prior to the scheduled public hearing. Notices were sent to all the potentially impacted private utility companies. No objections to the proposed vacation have been received. 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. The applicant has agreed to vacate all of the public easements incorporating this watermain and turn the facility over to Unisys for their perpetual maintenance responsibilities. • The applicant has submitted a revised easement vacation petition requesting the vacating of all the easements covering the water main on the property. • The applicant has also requested that the original vacation of only a portion of the easement be approved in order to allow for the expansion of the Unisys facilities in a timely manner. • Given the commitment from Unisys to assume private maintenance of the water main on the site, the request for vacation of the portion of the easement has been reviewed by the Engineering Division and found to be in order for favorable Council action. 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LOT 1, BLOCK 1 SAFARI AT EAGAN 3" ADDITION EASEMENT VACATION ACTION TO BE CONSIDERED: Approve the vacation of a portion of a public drainage and utility easement within Lot 1, Block 1 Safari at Eagan 3rd Addition and authorize the Mayor and City Clerk to execute all related documents. 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 corner 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 the public hearing were published in the legal newspaper and sent to all potentially affected and/or interested parties for comment prior to the scheduled public hearing. Notices were sent to all the potentially impacted private utility companies. No objections to the proposed vacation have been received. • The request has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS- • Location Map, page • Easement Vacation Exhibit, page I . 7 r r i a 7p 00 S89'33'58"E 352768 s o -~r• 161.39 - T DRAINAGE & UTILITY EASEMENT.f i r tD I - S89'33 58"E NII PER PLATT 137.0B7 O I S89'33'S"E 60 r` I /,o w (.0 CV I _p . • . • DRAINAGE & UTILITY EASEMENT b a' 00 PER PLAT -I CIrRVF DATA z ' R + 204.99 Z~ I ' L + 188.01' CH LENGTH f 181 ' 1W ~/O { r L~ sa'c` ~ I N 5~ 0 T- I l o omI l_L_ ~I z -cdI ~ I "'o ~I W I . QIo PROPOSED AREA oIN ¢ I TO BE VACATED N89' 58'W 01 10 0 7 3 J 10 I y~ / 5 N89'33'5" / 119.37 NO DRAINAGE & N89'3 8'W i3a UTILITY EASEMENT 6.00 PER PLAT N~ 277.64 N89'33'58"W ~g 80 60 ' NB9 - '33'S8"W 6.00...:: 7.00 i (CLIFF RD.) C.S.A.H. NO. 32 589'33'58"E f ' '•,•I J_ 1194]3'58'71 2n.73 ~ f CLIFF ROAD SOUTH LINE OF LOT 1 o~ Proposed Easement Vacation City of Ea a~ ~ 5,°8'°~ k Lot 1, Block 1, Safari at Eagan 3rd. Engineering Department r T'' i Q SILVER BELL RD. Q Y U g DO ~ w z EERWO DRIVE O z Q W O J m O z DIFFLEY ROAD O J_ d QOPO Y J Y cA Q 0 O 32 > g CLIFF ROAD P0 CLIFF ROAD m PROPOSED EASEMENT VACATION 0 LIJ ❑ 4 a o LI a m0 U Y t 11115 anon o p _RegiOnai park Apple Valley Proposed Easement Vacation City of Eap Lot 1, Block 1, Safari at Eagan 3rd. 79 5/08/07 Engineering Department Location Map Agenda Information Memo June 19, 2007 Eagan City Council Meeting C. PROJECT 951, SOUTH DODD ROAD SANITARY SEWER LIFT STATION IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Project 951 (South Dodd Road - Lift Station Improvements) and authorize the preparation of detailed plans and specifications, and the acquisition of easements through quick-take eminent domain process, if necessary. 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. • An application for preliminary subdivision has also been made by Epic Development on Parcel 10-03600-020-51 (4875 Dodd Road - "Marsh Cove"). The Advisory Planning Commission recommended approval of Marsh Cove, with certain conditions. The City Council is scheduled to consider the Marsh Cove preliminary subdivision at tonight's meeting. • A condition of preliminary approval for both proposed single-family preliminary subdivisions is 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. • On May 15, 2007 the feasibility report for Project 951 was presented to the City Council and a Public Hearing was scheduled for June 19 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on June 13 for the adjacent property owners and representatives to discuss the proposed improvements. Of the 8 total properties proposed to be assessed under this improvement, one property owner attended the informational meeting. Minutes of this meeting are attached. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: • Feasibility Report, pagesthroughL_L. • Neighborhood meeting notes, page ~d2. . • Resident letter, page (d r City of Ea an FEASIBILITY REPORT FOR South Dodd Road Sanitary Sewer Lift Station City Project #951 City of Eagan, Minnesota May 29, 2007 Project Number; 000049-07139-0 Bonestroo r r ' Tel 651-636-4600 Fax 651.636.1311 www.bonestroo.com May 29, 2007 OBonestroo 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, BONESTR00 Chad G. Davison, PE Mar 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 the State of Minnesota. Chad G. Davison Date: May 29. 2007 Reg. No.44177 Reviewed by: tthblic Works Reviewed by: Finance De artment Date: 67-44- r ' r 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 - Sanitary Sewer Drainage Districts Figure 4 - Sanitary Sewer Assessments Figure 5 - Water Main Assessments r CITY OF EAGAN - SOUTH DODD 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. This report describes the utility improvements to serve the Dodd Parkside and Marsh Cove developments. 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: 49-07739 South Dodd Road Sanitary Sewer Lift Station r BoneAroo Page 3 r t Cliff Road-Add. ttd. 32) - e °Fg~S1~^ t s' W 1: x a n ~ kjk: a W ?c4 07 ~ tr 'Half ,r~ ~_S~~• r f~. sow a l -CO w MARSH COVE - Farm ~ta:°r ourelub ~F ~h?•r 1"y~ t J 4'. ookl cu- DODD PARKSIDE L: "o u;!1n: ~r1 ~I b C e Gad ` ;a~ r '`Ir IM N a a; 125th Ave. °g 7 r~ c Scale In Ana, "4 - - - - "`V r 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 developers. 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 Project No: 49-07739 Bonestroo Page 5 South Dodd Road Sanitary Sewer Lift Station T 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 project was initiated by a petition from the Dodd Parkside developer. 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 Eagan Project No: 49-07139 South Dodd Road Sanitary Sewer Lift Station Bonestroo Page 6 r i 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 both parts will be through gravity sewer pipe to a proposed lift station. Sanita Sewer Lift Station: 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 3. Design flows used for sizing the lift station are listed below: 9 Ut Area Acres Average Flow MGD Peak Flow (MGD Rosemount 106.0 0.07 0.27 Eagan 32.8 0.02 0.08 TOTAL 138.8 0.09 0.35 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. Sanita Sewer Part 1: The sanitary sewer for Part 1 is proposed to start at the lift station and follow the street centerline of Marsh Court to the east (proposed with the Marsh Cove development). The sewer will then follow the west right of way line of Dodd Road to the south up to Farm Road. Sanita Sewer Part 2: The sanitary sewer for Part 2 is proposed to be directionally drilled to reduce the cost of reconstructing the street and storm sewer. The alignment follows the centerline of Dodd Road at Farm Road to the proposed street in the Dodd Parkside development to the south. Part 2 will require cutting into the Dodd Road in three locations to install manholes and services. ALTERNATE/TEMPORARY SANITARY SEWER LIFT STATION An alternate/temporary lift station to sere 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 required to connect to the existing gravity sanitary sewer to the north. WATER MAIN The existing water main that serves the area is an 8-inch ductile iron pipe. This pipe is stubbed to the southeast 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 in the east boulevard of Dodd Road. City of Eagan Project No: 49-07739 South Dodd Road Sanitary Se wet Lift Station Bonestroo Page 7 i CITY OF EAGAN - SOUTH DODD ROAD SANITARY SEWER LIFT STATION EASEMENTS AND PERMITS An easement will be required for the lateral sewer over Parcel 10-03600-030-51. 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 10% allowance for contingencies and 35% 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 Item Cost Trunk Sanita Sewer $236,142 Lateral Sanita Sewer Part 1 $107,810 Lateral Sanita Sewer Part 2 $119,722 Water Main $46,898 Total Project Cost $510,572 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 Cagan Project No: 49-07739 South Dodd Road Sanitary Sewer Lift Station BOnestmo Page 8 r T CITY OF EAGAN - SOUTH DODD ROAD SANITARY SEWER LIFT STATION ASSESSMENTS Assessments are proposed to be levied against the benefited properties 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 properties. The sanitary sewer has been divided between trunk and lateral costs. The lateral sanitary sewer is proposed to be assessed using Eagan's Utility Fee Schedule. The 2007 charge for sanitary sewer is $56.60 per lineal foot. Trunk charges for sanitary sewer are proposed to be assessed to those parcels that have not been previously assessed trunk area charges. Figure 4 shows the parcels proposed to be assessed. In accordance with Eagan's Special Assessment Policy,. the 2007 Fee Schedule rate for trunk charges for sanitary sewer are $2,370.00/acre or $1,150.00/platted residential lot. Sanitary sewer trunk charges will be collected from the benefiting properties in Rosemount as they develop, in accordance with the pending Joint Powers Agreement with the City of Rosemount. WATER MAIN It is proposed to assess costs associated with the construction of the lateral water main to the benefiting properties using the 2007 Utility Fee Schedule. The lateral water main rate used is $57.20 per lineal foot. Trunk charges for water main are proposed to be assessed to those parcels that have not been assessed these charges. Figure 5 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/acre or $1,200.00/platted residential lot. City of Eagan Project No: 49-01139 South Dodd Road Sanitary Sewer Lift Station . Bonestro0 Page 9 r T' CITY OF EAGAN - SOUTH DODO ROAD SANITARY SEWER LIFT STATION REVENUE SOURCES Revenue for this project is presented in Table 3 below. This project would have a deficit of $271,787 which would have to be financed by the City's Trunk Sanitary Sewer and Water Main Funds, or the benefiting properties. TABLE 3. REVENUE SUMMARY Item Project Cost Assessment Revenue Balance (City) Sanitary Sewer Trunk $236,142 $77,988 Lateral Part 1 $107,810 $33,932 Lateral Part 2 $119,722 $24,366 Total Sanitary Sewer $463,674 $136,286 ($327,388) Water Main Trunk $80,735 Lateral $46,898 $21,764 Total Water Main $46,898 $102,499 $55,601 Total $510,572 $238,785 ($271,787) PROJECT SCHEDULE TABLE 4. PROJECT SCHEDULE Event Date Present Feasibility Report May 15, 2007 Public Hearing June 19, 2007 Approve Plans and Specifications August, 2007 Open Bids/Award Contract September, 2007 Substantial Completion November, 2007 Final Completion July, 2008 Assessment Hearing Fall 2008 First Payment due with real estate taxes Spring 2009 City of Eagan Project No., 49-07139 South Dodd Road Sanitary Sewer Lilt Station Bonestroo 1 Page 10 r i ` City of Eapn APPENDIX A COST ESTIMATES 92, 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. Qt Unit Price Est. Cost Lift Station EA 1 $150,000 $150,000 4" Force Main LF 490 $15 $7,350 DIP Fittings LB 85 $2 $170 Connect to ex. Manhole EA 1 $1,500 $1,500 Subtotal $159,020 +10% Contingencies $15,902 Subtotal $174,922 +35% Indirect Costs $61,220 Total $236,142 B. Lateral Sanitary Sewer Part 1 Unit Est. Qt Unit Price Est. Cost Item Clear and Grub Trees LS 1 $3,000 $3,000 8" PVC Sanitary Sewer 10'-15' Deep LF 330 $25 $8,250 8" PVC Sanitary Sewer 15'-20' Deep LF 150 $30 $4,500 8" PVC Sanitary Sewer 20'-25' Deep LF 490 $40 $19,600 4' Dia. Sanitary Manhole EA 6 $3,000 $18,000 Service Risers EA 8 $500 $4,000 Easements SF 2700 $2.00 $5,400 Television Inspection LF 970 $2 $1,940 Improved Pipe Foundation LF 970 $3 $2,910 Erosion Control & Restoration LS 1 $5,000 $5,000 Subtotal $72,600 +10% Contingencies- $7,260 Subtotal $79,860 +35% Indirect Costs $27,950 Total $107,810 C. Lateral Sanitary Sewer Part 2 Item Unit Est. Qt Unit Price Est. Cost 9" HDPE Sanitary Sewer Directional Drilled LF 600 $75 $45,000 8" PVC Sanitary Sewer LF 60 $25 $1,500 4' Dia. Sanitary Manhole EA 3 $3,000 $9,000 Remove Bituminous Pavement SY 490 $5 $2,450 Remove Concrete Curb & Gutter LF 140 $5 $700 LF 200 $5 $1,000 Sawing bituminous pavement Remove & replace bituminous and gravel driveway SY 50 $40 $2,000 CY 170 $7 $1,190 Common Excavation Class 5 gravel base TN 250 $12 $3,000 Project No. 49-07739-0 City Eagan Bonestroo Page A- 7 South h Dodd Road Sanitary Sewer Lift Station 9-3 r f Appendix A 2" Type LV3 bituminous base TN 70 $50 $3,500 1" Type LV3 bituminous wear TN 30 $52 $1,560 B618 Concrete Curb & Gutter LF 140 $10 $1,400 Erosion Control & Restoration LS 1 $5,000 $5,000 Services EA 2 $1,000 $2,000 Television Inspection LF 660 $2 $1,320 Subtotal $80,620 +10% Contingencies $8,062 Subtotal $88,682 +35% Indirect Costs $31,040 Total $119,722 WATER MAIN Item Unit Est. Qty Unit Price Est. Cost Clear and Grub Trees LS 1 $6,000 $6,000 Connect to Existing Water Main EA 1 $700 $700 8" DIP Water Main LF 525 $28 $14,700 6" DIP Water Main LF 15 $24 $360 Hydrant EA 1 $3,000 $3,000 6" GV & Box EA 1 $800 $800 8" GV & Box EA 2 $1,000 $2,000 DIP Fittings LB 400 $4 $1,600 Services EA 1 $800 $800 Improved Pipe Foundation LF 540 $3 $1,620 Subtotal $31,580 +10% Contingencies $3,158 Subtotal $34,738 +35% Indirect Costs $12,160 Total $46,898 COST SUMMARY SANI A SEW A. Trunk Sanitary Sewer $236,142 B. Lateral Sanitary Sewer Part 1 $107,810 C. Lateral Sanitary Sewer Part 2 $119,722 WATER MAIN $46,898 Total Improvements $510,572 City of Eagan Project No. 49-07139-0 South Dodd Road Sanitary Sewer Lift Station Bonestroo Page A- 2 9 q f T City of Ea~an APPENDIX B PRELIMINARY ASSESSMENT ROLL 95 m 0 a Q O r O 0 0 00 0 0 N COD N Z h Q uJ m r-CO~vcco~ a V I 7 CD 6 DD r2 M O N 11:1 O R V I~ O F- CA O p r O (D aD !A a N M tp M C', I A fafafa fa~ N O L'U ~ U) to). 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OOO O ~0 N 0 0 0 0 M O A W O O ~C 0 0 0 0 0 0 co e' t- a o C3 o~ 0000000 R ° to ~ ~ y N m 0 0 0 O O~ a N X - O G C C 4; r M M O f.. N 0 (7) O O 0) O cii CL C? 2 2 F, r r O Q o o~ Q o o c o 0 o co a ar ~y a.-~ City of Ea~an APPENDIX C FIGURES 97 .r ❑ CONNECT TO EXISTING / SANITARY MANHOLE PRgPO ED AIDS ❑Vr- D❑EVE11❑T I ❑ O\ I I ozo-~~ I I 1_ I or -=a AL STf~EET R.O.W.¢ % T-----7---T--_ O, ❑ LIFT STATION I I LOCH N _ / ❑ ' I O PROPOSED 10' EASEMENT ~r I w ox-5+ I1- I r 040-30 051-30 /r li ❑ OAD ALTERN TE/TEMPORARY SANITA SEWER LIFT STATION CONNECT TO EXISTING Q 8" WATER VAIN MARSH LAKE / 0 01 o ' 111 D I I ❑ / ❑ ❑ PRDPO$ED DOIDD PARkSIDE LEVELOPMENT i nu o2?7: 0i j--~~ Lr) -7 r I I I ❑ o ,oo zoo , , ❑ ~ ~ \ I I I Scale in feet CD / v i m PROPOSED SANITARY SEWER - PART 1 u PROPOSED SANITARY SEWER - PART 2 PROPOSED SANITARY FORCE MAIN n \ / ■uumoeuo■ PROPOSED ALTERNATE/TEMPORARY SANITARY SEWER PROPOSED WATER MAIN i m r Y UTILITY IMPROVEMENTS EAGAN, MINNESOTA FIGURE: 2 Bonestroo SOUTH DODD ROAD SANITARY SEWER LIFT STATION h 4907139FO2.DWG DATE: May 29, 2007 COMM: 49-07139 r / z~ W W C-AA CAROL 5T Pp. OV9 P~ ~P z 0 GUN CLUB C-1 H T W G I 0 EAG ° 7 0 E T F7 U x N a m co m h 0 0 N 0 500 1000 Scale in fed N m 3 ROSEMOUNT FLOWS PROPOSED TO EAGAN ROSEMOUNT A-2 FLOW THROUGH LONG ACRES ROSEMOUNT A-1 FLOW u THROUGH So. DODD ROAD LIFT STATION m h m EAGAN PARCELS mum o Y SANITARY SEWER DRAINAGE DISTRICTS EAGAN, MINNESOTA FIGURE: 3 Bonestroo SOUTH DODD ROAD SANITARY SEWER LIFT STATION n 4907139F03.DWG DATE: May 29, 2007 COMM: 49-07139 q 1 T" 1 CAROL ST gyp. OPO H T W U m 03 GUN CLUB ROAD z N z 5 u zso soo Scale In feet J EA A ROSE o_ r N N In (m a ~o TRUNK AND LATERAL SANITARY 0o SEWER ASSESSMENTS 00 TRUNK AREA CHARGE A a LATERAL FRONT FOOTAGE 0 om Y SANITARTY SEWER ASSESSMENTS EAGAN, MINNESOTA FIGURE: 4 Bonestroo SOUTH DODD ROAD SANITARY SEWER LIFT STATION / 7139F04.DWG DATE: May 29, 2007 COMM: 49-07139 f 490 r 1 AD CAROL ST ~p OPO ,~P Q HA T W U CQ 040-0 GUN CLUB ROAD N z ~ 5 D 250 500 $0!h In {001 Q EA A ROSE co rn a L O o O+ o OQO O TRUNK AND LATERAL WATER p MAIN ASSESSMENTS TRUNK AREA CHARGE LATERAL FRONT FOOTAGE WATER MAIN ASSESSMENTS EAGAN, MINNESOTA FIGURE: 5 Bonestroo SOUTH DODD ROAD SANITARY SEWER LIFT STATION 4907139F05.DWG DATE: May 29, 2007 COMM: 49-07139 l01 r T CITY PROJECT NO 951 INFORMATIONAL NEIGHBORHOOD MEETING SOUTH DODD ROAD LIFT STATION & UTILITY IMPROVEMENTS WEDNESDAY, JUNE 13, 2007 5:00 P.M. CONFERENCE ROOM 1 Attendance: John Gorder, Assistant City Engineer, Chad Davison, Bonestroo, 1 resident representing 1 property (4895 Dodd Road). A. Presentation of Project Details • Gorder and Davison reviewed the proposed lift station and utility extensions with the attendee. B. Questions/ Comments Can my assessments for this project be deferred until sale or development? The City Council can, at time of the final assessment hearing, defer assessments until future development of the property, if they deem it appropriate. The public hearing on Tuesday (June 19) is for consideration of the overall project as a whole. If approved, the property assessments would become pending, with final consideration of the assessments after the project is complete. My property is low on the west end near Marsh Lake. If it develops, can it be served with sewer from this lift station? The lift station is proposed in the adjacent pending Marsh Cove development. Marsh Cove will be required to provide sufficient easement from the lift station to your property to allow the construction of a sanitary sewer stub of sufficient depth from the station to the west end of your property. The proposed sanitary sewer extension along Dodd Road at the east end of your property will also be sufficiently deep to serve a majority of the property. I shouldn't have to pay for sanitary sewer and water main for the development of other properties. The City was petitioned for this project by the Dodd Parkside developer to study the feasibility of these extensions. Whenever a project is a public improvement, the City looks to assess properties that benefit from the improvements. Your property benefits from this proposed lift station and extension of utilities. Therefore, an assessment to your property is identified. The meeting adjourned at 5:40 p.m. GTroj-Cont/95 I [Minutes - South Dodd ID2- r r. " April 17, 2007 Mr. Russ Matthys, City Engineer City of Eagan 3830 Pilot Knob Road Eagan MN 55122 Re: City Project 951 Dear Mr. Matthys: I have a concern regarding the needs of the development for a sanitary sewer lift station in order to be viable and the associated petitioned public improvement referenced as City Project 951. I understand that the proposed development cannot be connected to the public sanitary sewer system without the use of a lift station. Apparently, the developer has petitioned the City of Eagan for a public improvement to construct this lift station and associated piping. Since the development needs the sanitary sewer and lift station in order to meet the City's development standards, it would seem appropriate that the developer would pay the entire cost of the public improvement for the lift station and associated piping. If the piping passes adjacent to my property, I do not want to be assessed for the development requested improvements as I have no need for such improvements. If I would ever choose to connect to the sanitary sewer in the future, I would expect to pay all appropriate costs at that time for a connection to the public system. If you have any questions, please give me a call (651) 230-9045. Sincerely, a) C2, Wayne Schwan 4900 Dodd Road Eagan MN 55123 D3 Agenda Information Memo June 19, 2007 Eagan City Council Meeting OLD BUSINESS A 5 YR. CIP - PART III, PUBLIC WORKS INFRASTRUCTURE (2008-2012) ACTION TO BE CONSIDERED: Approve the 5-year Capital Improvement Plan for Public Works Infrastructure, Part III (2008-2012) and authorize the initiation of the public improvement process for the 2008 programmed improvements. FACTS: • At the Council Workshop held on May 8, the Public Works Department presented a draft of their proposed 5-year Capital Improvement Plan (CIP) for 2008-2012. After a detailed review and discussion, the Council concurred with the proposed CIP as presented except for the Arterials & Collectors (Streets/Highways section) due to its projected deficit impact to the Major Street Fund due to its lack of funding partners for major transportation projects (i.e. Ring Road, etc). The Council directed the Finance Committee to review funding options for the seven major Collector and Arterial road projects identified in the draft CIP, and bring back a recommendation to the Council as a whole at the June 19 Council meeting. • The Finance Committee met on June 7 and reviewed the long range funding shortfall of the 5 year CIP and the longer range projected Transportation Infrastructure Needs Analysis (TINA). A memo prepared by the Director of Administrative Services provided analyses of Inflation vs. Savings, Bonding options, Major Street Tax levy ratio to Total Budget and Total Tax levies, Options for dedicated Funding Sources, and several Public Policy Discussion Items. • As a result of that meeting, the Finance Committee is recommending that: 1. a new distinct category be created in the Streets/Highways section of the 5 year CIP for "Overpasses and Interchanges" and that the Ring Road components (Northwood Pkwy & Duckwood Dr.) be transferred from the "Arterials & Collectors" to this new dedicated category, 2. The entire 5 year CIP be "Adopted" as a guideline (as revised with this new category), and the 2008 construction program only be "Approved/Authorized" for implementation of the public improvement process, and 3. The Council give further consideration through discussion for possible additional dedicated sources of funding for the new "Overpasses & Interchanges" category before the next year's CIP is reviewed. • With the adoption of this 5-year CIP and authorization to initiate the public improvement process for the 2008 projects, it will allow the appropriate studies, notices and hearings to be completed in 2007 and the solicitation of bids in early 2008. ATTACHMENTS: • Summary of Proposed 2008 Improvements, pages 105through 10 • Revised 5-year CIP (2008-2012), 3 ring binder enclosed without page number. I oq 5-yr Capital Improvement Program (2008 - 2012) 2008 scheduled Improvements ($10,537,747) Revised 5-04-07 LOCATION DESCRIPTION ARTERIAL & COLLECTORS $1,792,500 1. Elrene Road (Wescott Rd. to Trails End Rd.) Overlay 2. Federal Drive (Washington Dr. to Yankee Doodle Rd.) Overlay 3. Wescott Road (Lexington Ave. to Hwy. 149) Overlay 4. Nicols Road (Meghans Lane to Pin Oak Dr. to Kings R Overlay 5. Lexington Point Parkway & Daniel Drive Overlay/ Recycle 6. Elrene Rd. (Trail End Rd./Thomson Rd. to Yankee Do New 4-lane w/median LOCAL STREETS $2,670,000 1. Cedar Grove No. 1 and No. 2 Overlay 2. Glory Drive, Cedar Ridge Circle Overlay 3. Safari Estates Overlay 4. Briar Hill 1 st, 2nd, and 4th Additions Overlay 5. Blackhawk Oaks Addition (Riverton Avenue) Overlay 6. Towerview Road (West of Pilot Knob Road) Overlay 7. Eden Addition Overlay 8. Brittany 8th - 10th Additions Overlay 9. Bur Oak Hills Overlay/ Recycle 10. Cliff Drive Overlay 11. Tousignants (Nancy Circle) Overlay 12. Yankee Doodle Drive Overlay 13. Nicols Road (Pin Oak Drive to Kings Road) Overlay TRAILS $331,155 1. Diffley Road (Rahn Rd. to Blackhawk Rd.) NEW Construction North Side (2,860 FT) 2. Cedar Grove Parkway (Nicols to Gold Trail) NEW Construction South Side (2,500 FT.) 3. Long Meadow Bridge (Trail Conn over MN River) Bridge Replacement w/ City of Bloomington 105 I > LOCATION DESCRIPTION SEALCOAT $396,192 1. 466,108 Sq. Yds (Misc locations) Surface Maintenance INTERSECTION IMPROVEMENTS $1,560,000 1. Diffley @ Rahn Roundabout 2. Blackhawk Rd. @ Diffley Road Turn Lane 3. Lexington Avenue / Northview Park Road Signal 4. Yankee Doodle Road / TH 13 Signal Modifications 5. Yankee Doodle Road / Elrene Road Signal 6. Elrene Rd. / Trails End Rd. / Opperman Dr. Roundabout 7. Pilot Knob Rd. / Deerwood Dr. Turn Lane Signal Modifications STREETLIGHTS $32,000 1. Daniel Dr. & Curry Tr. W. Upgrade 2. Daniel Dr. & Curry Tr. E. Upgrade 3. Daniel Dr. & Rogers Ct. Install 4. Covington Ln. & Cambridge Dr. Upgrade 5. Covington Ln. & Penkwe Cir. Upgrade 6. Covington Ln. between Penkwe Cir. & Beacon Hill Rd. Upgrade 7. Covington Ln. & Beacon Hill Rd. Upgrade 8. Covington Ln. & Covington Ct. Upgrade 9. Covington Ln. & Beacon Hill Rd. East Jct. Upgrade 10. Pilot Knob Rd & Wilderness Run Rd. (mid-block) Install r C" . LOCATION DESCRIPTION WATER TRUNK DISTRIBUTION $860,000 1. Lone Oak Road/ Ames Crossing Road 7,600 ft new watermain WATER SYSTEM OPERATON & FACILITIES $1,475,200 1. Wells #15 & #13 Inspection 2. Lexington Reservoir Rehabilitation 3. Safari Reservoir General Maintenance SANITARY SEWER TRUNK CONVEYANCE $150,000 1. South Dodd Road Lift Station Lift Station SANITARY FACILITIES & OPERATIONS $550,000 1. 5000 ft @ misc locations New sliplining for root and infiltration control 2. Lone Oak Lift Station Replacement STORM TRUNK CONVEYANCE $9,000 1. LP-61 TO LP-34 (100 LF Oak Pond) Trunk Storm Outlet STORM FACILITIES & OPERATIONS $70,000 1. Upgrade four lift stations SCADA Improvements 2. Storm Ponds General Pond Maintenance WATER QUALITY $640,000 1. Fish Lake Alum Basin Potential land purchase 2. Fish Lake Storm Basin Improvements 1 Phase 1 const WQ treatment Fish Lk area 3. Schwanz Lake Direct Drainage Treatment Imp Phase 1 construct WQ treatment 4. Bur Oaks Pond Direct Drainage Treatment Imp Install BMPs to reduce runoff to lake 5. Wetland Banking Site Establishment 1 Phase 1 const in City Parks: Walden Hgts., Wandering Walk, Bridle Ridge) 6. Bald Lake Public Access Soft trail, lake access from S or E 7. WQ Stewardship Program Acquire easements, construct RW gardens, shorelandscaping, wetland 8. General Storm Basin Improvements Imp WQ treatment capabilities of basins r i Agenda Information Memo June 19, 2007, Eagan City Council Meeting VII. NEW BUSINESS A. REZONING AND PRELIMINARY SUBDIVISION (MARSH COVE) - EPIC LAND DEVELOPMENT LLC ACTIONS TO BE CONSIDERED: To approve (OR direct preparation of findings of fact for denial) a Rezoning from A, Agriculture, to R-1, Single-family, of approximately 5.05 acres located at 4875 Dodd Road in the SW 1/4 of Section 36. To approve (OR direct preparation of findings of fact for denial) a Preliminary Subdivision (Marsh Cove) to create 11 single-family lots upon approximately 5.05 acres for property located at 4875 Dodd Road in the SW'/4 of Section 36, subject to the conditions in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The property is unplatted and contains an existing home which will be removed with development. ➢ The applicant is proposing to subdivide the site into 11 single-family lots ranging in size from 12,431 to 24,763 sq. ft. The proposed development has a density of 2.12 units/acre. ➢ Street access into the site will be provided by a new cul-de-sac from Dodd Road. A storm water pond is proposed on the west end of the site. ➢ The developer also indicates proposed storm water infiltration areas on Lots 4, 7, and 8 to reduce the volume of storm runoff to Lebanon Hills Regional Park. ➢ Sanitary sewer is not readily available to the site and development will require the construction of a lift station. In response to a petition by the developer of Dodd Parkside, a feasibility report is currently being prepared for lift station improvements. The feasibility report will include an evaluation of service for this development site. ➢ This development should provide a trail along the west boulevard of Dodd Road for the length of this development. ➢ Cash park and trail dedications will be due at the time of Final Subdivision for the net increase of 10 lots. ➢ The Advisory Planning Commission held a Public Hearing on May 22, 2007 and is recommending approval, subject to the conditions listed in the APC minutes. ISSUES: ➢ This development does not propose a street connection to other surrounding underdeveloped properties. City staff requests that City officials provide direction as the l~ r t appropriateness of providing a street stub to the north to provide enhanced neighborhood connectivity and more efficient street maintenance, emergency access and water service. The APC did recommend that a street stub to the north be provided (condition #21). ➢ A condition regarding park and trail dedication was inadvertently omitted. A condition should be added at this time stating "This development is subject to cash park and trail dedications for ten new lots payable at the time of final plat at the rates then in effect." 60-DAY AGENCY ACTION DEADLINE: Extended to August 16, 2007 ATTACHMENTS (2): Draft APC minutes, May 22, 2007, on pages m-112- Staff report on pages 13 through Advisory Planning Commission Minutes May 22, 2007 Page 2 of 8 New Business A. Marsh Cove Applicant Name:Epic Land Development, LLC Location: 4875 Dodd Road; Application: Rezoning A Rezoning of 5.06 acres from (A) Agriculture to (R-1) Residential Single Family. File Number: 36-RZ-03-04-07 Application: Preliminary Subdivision A Preliminary Subdivision of 5.06 acres to create 12 single family lots. File Number: 36-PS-05-04-07 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated May 16, 2007. Rich Ragatz, Epic Land Development, summarized the proposal and highlighted some of features of the proposal. He indicated that the cul-de-sac design creates a relaxed feel to the development and is favorable in the market. He illustrated that they are not trying to maximize the site because they started with 12 lots and the proposal is now 11 lots. He questioned whether the street connection is necessary and indicated that other City objectives such as looping the water main can be accomplished without a_street connection. 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. Chair Hansen asked for more information regarding what staff envisioned for a street connection. Assistant City Engineer Gorder showed an aerial view of the area and identified the street stub in the Sienna. Woods development that is designed to be extended to the south. Member Feller moved, Member Heaney seconded a motion to recommend approval of a Rezoning from A, Agriculture to R-1, Single Family of approximately 5.08 acres located at 4895 Dodd Road in the SW '/4 of Section 36. All voted in favor. Motion carried 5-0. Member Feller moved, Member Heaney seconded, a motion to recommend approval of a Preliminary Subdivision to create 11 lots upon approximately 5.08 acres located at 4895 Dodd Road in the SW '/4 of Section 36, subject to the conditions in the staff report. Member Chavez stated he recognized the applicant's strategy with the site and concerns raised by City staff in looking at the larger area and stated that the proposed interior trail only benefits I I~ r r. . Advisory Planning Commission Minutes May 22, 2007 Page 3 of 8 abutting property. He suggested amending the motion to include a recommendation that the developer approach this site with a connection to the north and also require the trail to be relocated to the west side of Dodd Road. Member Hansen asked how the lot to the north could be subdivided. Mr. Ragatz showed how the Sienna Woods street stub could extend into the Moroni Addition and showed how accommodating a street stub to the north would impact tree removal on the subject site. Planner Dudziak clarified that conditions #13 and #15 already require that a trail be provided along Dodd Road. Member Chavez requested a friendly amendment to the motion to recommend that a condition be added requiring a street extension for connection to the north rather than a cul-de-sac. Member Feller accepted the amendment, Member Heaney did not. The proposed amendment to the motion was put to a vote of the full commission. Motion carried 4-1 (Member Heaney opposed). A vote was taken on the motion to recommend approval of the Preliminary Subdivision to create 11 lots upon 5.08 acres located at 4875 Dodd Road in the SW '/4 of Section 36, with 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 and D1 and E1 2. The property shall be platted. 3. A detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance with current City standards and codes prior to final subdivision approval. 4. 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. 5. All personnel responsible for the construction and management of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 6. Erosion control measures shall be installed and maintained in accordance with City code and engineering standards. 7. These infiltration areas shall be designed to infiltrate the first one-half inch of storm water runoff from any rainfall event from the area that is tributary to the infiltration areas. 8. All existing well and septic systems on the site shall be abandoned in accordance with Dakota County and City standards as part of this development. 9. The developer shall obtain a Dakota County permit prior to final subdivision approval for the proposed outlet drainage onto Lebanon Hills Regional Park. h I r r Advisory Planning Commission Minutes May 22, 2007 Page 4 of 8 10. The outlet from the proposed pond shall be constructed with an outlet skimmer structure in accordance with City engineering standards. 11. The developer shall provide storm water management to control rates of storm water runoff to adjacent properties to less than or equal existing runoff rates. 12. A public improvement project and award of a contract providing for the construction of a lift station to serve the development and the surrounding area, shall be approved prior to final subdivision approval for this development. 13. The developer shall provide a public trail easement, in a form acceptable to the City Attorney, for the trail along Dodd Road. 14. The proposed development shall be subject to a cash parks dedication for the net increase of 10 lots. 15. In lieu of a cash trail dedication, this development shall install a trail section along Dodd Road consistent with City specifications. 16. Prior to obtaining final City approval, the Developer shall be required to submit a revised grading plan that addresses the issue of eliminating proposed grading shown within preserved trees critical root zones and that indicates the placement of required tree protection fencing, as required by the City Tree Preservation Ordinance. Said plan revisions are to be reviewed and approved by the City Forester. 17. Stormwater runoff shall be treated via an on-site constructed pond. The design and construction of the pond should satisfy City standards and criteria. 18. 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 Marsh Lake (DNR #19-0308W). Such measures shall include but not be limited to: reducing impervious area, providing infiltration, additional treatment basin construction, and treatment ofstormwater discharge through other means. Prior to City issuance of a grading permit, the developer shall submit to the City a detailed plan that provides no increase in phosphorus loading, as determined by the City Water Resources Coordinator and City Engineering and in accordance with Plan policies and City water quality models. 19. The City Council shall formally receive and affirm the wetland delineation report prior to final subdivision approval. 20. The developer shall provide a minimum 50-foot buffer around the wetland edge of Marsh Lake. With exception of land disturbance associated only with installation of the storm sewer pipe, such buffer shall be undisturbed before, during, and after construction. 21. A public street stub and water main stub shall be provided to the north property for future extension. Motion carried 4--1. Member Heaney opposed. 11, l~- PLANNING REPORT CITY OF EAGAN REPORT DATE: May 16, 2007 CASE: 36-PS-05-04-07 APPLICANT: Epic Land Investment, LLC HEARING DATE: May 22, 2007 PROPERTY OWNER: Judith Thompson APPLICATION DATE: April 18, 2007 REQUEST: Rezoning and PREPARED BY: Pamela Dudziak Preliminary Subdivision LOCATION: 4875 Dodd Road COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: A, Agricultural SUMMARY OF REQUEST The applicant is requesting approval of a Rezoning from A, Agricultural, to R-1, Single-Family Residential and a Preliminary Subdivision to create 11 single-family lots upon approximately 5.05 acres located at 4875 Dodd Road in the SW 1/4 of Section 36. AUTHORITY FOR REVIEW Rezoning: City Code Chapter 11, Section 11.50, Subd. 5 states in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The City Council shall not rezone any land or area in any zoning district or make any other proposed amendment to the zoning ordinance without first having referred it to the planning commission for its consideration and recommendation. 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: I I~ r t . Planning Report - Marsh Cove May 22, 2007 Page 2 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. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. 1. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." I 1 r t Planning Report - Marsh Cove May 22, 2007 Page 3 BACKGROUND/HISTORY The subject site is currently unplatted. Access is provided via Dodd Road and the site abuts Lebanon Hills Regional Park on the west side. The property contains an existing single-family home, two pole barns and several smaller outbuildings. The home is served by a private well and septic system. EXISTING CONDITIONS The site is mostly open. Wooded areas are concentrated near the house and on the perimeter of the site, and the far southwest corner of the site includes the edge of a wetland within the park. The shoreland overlay zone of Fitz Lake touches the far northeast corner of the site. The development plans have been forwarded to Dakota County Parks and the Minnesota DNR for review and comment. 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 A, Agricultural LD, Low Density Residential South Single-Family Home A, Agricultural LD, Low Density Residential East Single-Family Homes/ Dodd R-1, Single-Family LD, Low Density Residential Road West Lebanon Hills Regional Park P, Park P, Park and Recreational Open Space EVALUATION OF REQUEST Proposal The applicant is proposing to subdivide the site into 11 single-family lots ranging in size from 12,431 to 24,763 sq. ft. The existing single-family home will be removed with development. Access will be provided via a new cul-de-sac from Dodd Road., and a storm water pond is proposed on the west end of the property. Compatibility with Surrounding Area The proposed R-1 zoning is consistent with the LD, Low Density, land use designation in the Comprehensive Guide Plan. The site is located east of Lebanon Hills Regional Park and west of Dodd Road. Across Hwy. 3 to the east is the West End Gun Club. To the south and north are single-family homes, both on lots larger than 3 acres. Further north along Dodd Road similar large lots have been redeveloped into R-1 zoned single- family subdivisions within the past 5-10 years. Across Dodd Road and further south is another similar 5-acre site which recently received Preliminary Subdivision approval for a 12-lot single- family development (Dodd Parkside). (1~ r r. Planning Report - Marsh Cove May 22, 2007 Page 4 Airport Noise Considerations This site lies outside the airport noise policy zones. Density - The proposed 11 lots on 5.05 acres results in a density of 2.12 units per acre. Lots Lot sizes range from 12,431 to 24,763 sq. ft. in area. Minimum lot width (85') and lot area (12,000 sq. ft.) standards are met for R-1 zoning. Using an assumed 2,400 sq. ft. building pad (a 60' x 40' rectangle), the developer has identified the percentage of building coverage for each lot. All lots can accommodate 2,400 sq. ft. of building coverage within the allowable 20% ratio. Setbacks - The minimum setback for front yards is 30 feet, for rear yards is 15 feet, and for side yards is 10 feet for living space and 5 feet for a garage. A setback of 30' from Dodd Road as well as Marsh Court applies to Lots 1 and 11. The Site Plan indicates these setbacks can be accommodated, based on conceptual 60' x 40' building pads. Grading/ Existing Topography - The site is generally open and slopes to the southwest. There are variations in topography on the site, with elevations ranging from 930 to 904. A detailed grading, drainage, erosion, and sediment control plan should be prepared in accordance with current City standards and codes prior to final subdivision approval. 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 construction and management of erosion/ sediment control devices, and the establishment of vegetation for the development, should have received Erosion/Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. Erosion control measures should be installed and maintained in accordance with City code and engineering standards. Storm Drainage - The preliminary storm drainage plan is acceptable with modifications. The storm water runoff from a majority of the development is proposed to drain via public storm sewer to a new storm water pond along the western edge of the site, before discharging to Marsh Lake within Lebanon Hills Regional Park (LHRP). The developer should obtain County Parks permit prior to final subdivision approval to allow for the construction within LHRP. The developer should also provide storm water management to control rates of storm water runoff to adjacent properties to less than or equal existing runoff rates. This proposed development is located in the area that drains directly to LHRP. The Park has experienced several significant flooding events in recent years. The City Council has approved a public improvement project (City Project No. 905) consisting of the construction of storm sewer improvements in southeast Eagan. The improvements will provide the managed delivery of drainage from southeast Eagan (including this development) into and through LHRP by way of t i . Planning Report - Marsh Cove May 22, 2007 Page 5 Marsh Lake and McDonough Lake to the public storm sewer system at Pond LP-51 and the Holland Lake lift station near Cliff Road. The project will address the storm water runoff needs of LHRP's drainage outlet near Cliff Road and the eastern portion of LHRP. In addition to the public storm water management project, the developer indicates proposed storm water infiltration areas on Lots 4, 7, and 8 to reduce the volume of storm runoff to LHRP. These infiltration areas should be designed to infiltrate the first one-half inch of storm water runoff from any rainfall event from the area that is tributary to the infiltration areas. Utilities - Gravity-flow sanitary sewer is not readily available to a majority of the site. Due to the topography of the area along south Dodd Road (south of Farm Road), gravity sanitary sewer service is not readily available to this property and others in the area, and will require the construction of a lift station. The developer of Dodd Parkside (preliminary Council approval April 17, 2007) has petitioned the City for the lift station improvements, and the City Council has authorized the preparation of a feasibility report by the City's engineering consultant to determine the scope, cost, schedule, and method of financing for the construction of these public improvements, under City Project No. 951. A public improvement project and award of a contract providing for the construction of a lift station to serve the development and the surrounding area, should be approved prior to final subdivision approval for this development. Existing water main is located within Dodd Road adjacent to this property available to the development. All existing well and septic systems on the site should be abandoned in accordance with Dakota County and City standards as part of this development. Streets/ Access/ Circulation - Public street access for the development is proposed to intersect with Dodd Road, via 480-foot cul-de-sac (Marsh Court). This development does not propose street connection to other surrounding underdeveloped properties. Providing an extension of a public street stub for future connection to the adjacent property to the north may have benefits including enhanced neighborhood connectivity, fewer dead-end streets for ease of winter maintenance and police patrol, and looping of the water main system for redundancy in the event of disruption of water service. While the City Code does not specifically address this issue, City staff requests that City officials provide direction as the appropriateness of providing a street stub to the north. The preliminary site plan shows two sideyard pedestrian trail extensions from Marsh Court. These trail extensions will provide minimal public benefit, and would provide more public benefit and neighborhood connectivity located at the west boulevard of Dodd Road along the entire length of this development. Easements/ Permits/ Right-of-Wax - The developer should be responsible for obtaining permit approval from Dakota County Parks Department for the proposed storm sewer outlet to Lebanon Hills Regional Park. I~ Planning Report - Marsh Cove May 22, 2007 Page 6 Financial Obligation - There is a pending trunk storm sewer assessment for City Project No. 905 - Lebanon Hills Regional Park/ Cliff Road Trunk Storm Sewer Improvements on the parcel proposed for platting, in the amount of $22,255. 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 Sanitary Sewer Trunk SF $1,150/ lot 11 lots $11,675* Water Trunk SF $1,200/ lot 11 lots $12,185* Total $23,860 *Credits of $975 (sanitary sewer) and $1,015 (water main) given for connection charges previously paid with connection of existing house to City utilities Water Quality - This proposed subdivision is in the City's L1 Drainage District, which is associated with Lebanon Hills Regional Park. The developer proposes to address City stormwater quality requirements by constructing one pond, which would pre-treat runoff from the parcel before it drains to Marsh Lake, a state public water (DNR #19-0308W). Marsh Lake is also among the City's 30 priority lakes, as proposed by the draft Water Quality and Wetland Management Plan (to be considered for adoption by the City Council June 5, 2007) Wetlands - A 2006 wetland delineation report (Pioneer Engineering) identifies a small wetland edge of Marsh Lake in the southwest corner of the parcel. City staff has reviewed the report and found it to be acceptable. The developer is not proposing to drain, fill, or excavate this wetland. Tree Preservation - A tree inventory submitted with this application indicates the existence of 170 significant trees. The following table describes the majority of these trees. SpeciesAvg Diameter Dia. Range Count Percent of Total Pine/Spruce 1419 8"-26" 103 61% Oak 20" 711-37" 9 5% Ash 16" 1299-19" 12 7% The balance of the tree inventory is comprised of maple, elm, black cherry, cedar, and cottonwood trees averaging 12" in diameter. The development as proposed will result in the removal of forty (40) significant trees (23.5 % 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, residential) is set at 40.0% of I' f i ' Planning Report - Marsh Cove May 22, 2007 Page 7 the total significant trees. With a proposed removal less than the allowable amount, there is no required tree mitigation for this proposal. Two major tree preservation issues have been discussed with the applicant and have not been addressed to date. 1. Encroachment into reserved tree critical root zones. Approximately ninety (90) significant trees, which are intended to be preserved, appear to have proposed grade limits extending into critical root zones. The City of Eagan Tree Preservation Ordinance defines the critical root zone as "an imaginary circle surrounding the tree trunk with a radius distance of one foot per one inch of tree diameter, e.g. a 20-inch diameter tree has a CRZ with a radius of 20 feet". Also, according to the City of Eagan Tree Preservation Ordinance, "no encroachment, grading, trenching, filling, compaction, or change in soil chemistry shall occur within the fenced areas protecting the Critical Root Zone of trees to be saved." This issue has been brought up to the applicant through staff meetings, and has not been addressed on the submitted plan. If the encroachment is allowed to occur as proposed, long-term survival of the 100 preserved trees could be greatly reduced. If all 100 trees would not survive, the eventual tree loss on this site could be over 80%. 2. The submitted plan is also missing the indication of the required tree protection fencing. According to the City of Eagan Tree preservation Ordinance, "The Tree Preservation Plan shall identify and require the following measures to be utilized to protect significant trees. a) Installation of snow fencing or polyethylene laminate safety netting placed at the drip line or at the perimeter of the critical root zone, whichever is greater, of significant trees to be preserved." Many of the trees intended to be preserved will serve as a visual screen on the north and south property lines. Adequate protection of these trees is critical to ensure their survival. A revised grading plan should be submitted that addresses this situation of eliminating proposed grading within preserved trees critical root zones, and that indicates the placement of required tree protection fencing. Parks and Recreation - This proposal will be subject to a cash parks dedication based on the net increase of 10 lots. The Developer has proposed the installation of two (2) segments of "future trail" between proposed lots that would provide an internal connection to cul-de-sacs that may be developed on adjacent properties at some time in the future. City staff from Parks, Community Development and Engineering have determined that there would minimal public transportation or recreational benefit derived from these proposed trails and therefore, it would not be appropriate to consider a trail "credit" for their installation. l Planning Report Marsh Cove May 22, 2007 Page 8 In lieu of the proposed internal trails, staff is recommending the installation of a trail section on Dodd Road that would provide a direct link to a future City trail system that current existing north of the site, and bridge a gap to future developments along Dodd Road. Because a trail is generally not considered to be a standard element of a 28' road section, as is Dodd Road, it would be appropriate to give trail dedication credit for the installation of the new section. Based upon initial estimates, the cost of the trail and the amount of dedication will be nearly the same. SUMMARY/CONCLUSION The applicant is requesting approval of a Rezoning from A to R-1 and a Preliminary Subdivision to create 11 single-family lots upon 5.05 acres located at 4875 Dodd Road in the SW '/4 of Section 36. The site contains an existing single-family home, two pole-barns and several smaller outbuildings. Access is proposed from Dodd Road via a new public street cul-de- sac. The existing home will be removed with development. The proposed development is subject to R-1 zoning and all lots appear to satisfy those standards. Sanitary sewer is not readily available to the site and development will require the construction of a lift station. A public improvement project and award of a contract providing for the construction of a lift station to serve the development and the surrounding area, should be approved prior to final subdivision approval for this development. City staff requests that City officials provide direction as the appropriateness of providing a street stub to the north to provide enhanced neighborhood connectivity and more efficient street maintenance, emergency access and water service. Much of the tree preservation is to be accomplished through transplanting of existing trees within the site. As such, there is no required tree mitigation, however, the developer is responsible for replacing any transplanted trees that do not survive. Cash park and trail dedications will be due at the time of Final Subdivision for the net increase of 10 dwelling units. ACTION TO BE CONSIDERED To recommend approval of a Rezoning from A, Agricultural, to R-1, Single-Family Residential upon 5.05 acres located at 4875 Dodd Road in the SW '/4 of Section 36. To recommend approval of a Preliminary Subdivision to create 11 lots upon 5.05 acres located at 4875 Dodd Road in the SW '/4 of Section 36. 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, Bl, B2, B3, B4, Cl, C2, C3 and D1 and El 2. The property shall be platted. I~ r r Planning Report - Marsh Cove May 22, 2007 Page 9 3. A detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance with current City standards and codes prior to final subdivision approval. 4. 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. 5. All personnel responsible for the construction and management of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 6. Erosion control measures shall be installed and maintained in accordance with City code and engineering standards. 7. These infiltration areas shall be designed to infiltrate the first one-half inch of storm water runoff from any rainfall event from the area that is tributary to the infiltration areas. 8. All existing well and septic systems on the site shall be abandoned in accordance with Dakota County and City standards as part of this development. 9. The developer shall obtain a Dakota County permit prior to final subdivision approval for the proposed outlet drainage onto Lebanon Hills Regional Park. 10. The outlet from the proposed pond shall be constructed with an outlet skimmer structure in accordance with City engineering standards. 11. The developer shall provide storm water management to control rates of storm water runoff to adjacent properties to less than or equal existing runoff rates. 12. A public improvement project and award of a contract providing for the construction of a lift station to serve the development and the surrounding area, shall be approved prior to final subdivision approval for this development. 13. The developer shall provide a public trail easement, in a form acceptable to the City Attorney, for the trail along Dodd Road. 14. The proposed development shall be subject to a cash parks dedication for the net increase of 10 lots. 15. In lieu of a cash trail dedication, this development shall install a trail section along Dodd Road consistent with City specifications. I ~I r r ° Planning Report - Marsh Cove May 22, 2007 Page 10 16. Prior to obtaining final City approval, the Developer shall be required to submit a revised grading plan that addresses the issue of eliminating proposed grading shown within preserved trees critical root zones and that indicates the placement of required tree protection fencing, as required by the City Tree Preservation Ordinance. Said plan revisions are to be reviewed and approved by the City Forester. 17. Stormwater runoff shall be treated via an on-site constructed pond. The design and construction of the pond should satisfy City standards and criteria. 18. 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 Marsh Lake (DNR #19-0308W). 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 City issuance of a grading permit, the developer shall submit to the City a detailed plan that provides no increase in phosphorus loading, as determined by the City Water Resources Coordinator and City Engineering and in accordance with Plan policies and City water quality models. 19. The City Council shall formally receive and affirm the wetland delineation report prior to final subdivision approval. 20. The developer shall provide a minimum 50-foot buffer around the wetland edge of Marsh Lake. With exception of land disturbance associated only with installation of the storm sewer pipe, such buffer shall be undisturbed before, during, and after construction. I22- r r STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obricwtions 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-0f--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. r t . 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 and 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#5 STANDARD.CON 12-4 r t . Eagan Boundary A ~ Location Ma p ~Pa ParkAr.cel. - Building Footprint ' 'r 'r Its - A, 77pop 7 r lip 0 ' + r y rs ~11~d r + ~ s 0 • + r • 01 a ♦ • ■ JIM • ♦ • .ti w l L a Sub'ect Site .0 4 AL r a ; ® ~ r 'f y w "t ~ r.n ~ rrw.w y ■ + r if ~ e K 1 air • 0 t ~ * L a t ~ - r r o emoun 1000 0 1000 2000 Feet Development/Developer. Marsh Cove (4875 Dodd Road) Application: Rezoning and Preliminary Subdivision Case No.: 36-RZ-03-04-07 and 36-PS-05-04-07 Map Prepared using ERSI ArcVlew 5.1. Parcel base map data provided I^ N Bad by Dakota County Office of GIS and is current as of April 2005. C/j~.s\r/1J CDty of Bad W E THIS MAP I$ INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are 5 Community Development Department not responsible for errors or omissions. 1 I r Current Zoning and Comprehensive Guide Plan Land Use Map Marsh Cove Rezoning & Prelim. Subdivision 36-RZ-03-04-07 & 36-PS-05-04-07 P v Zoning Map A F Location r R-, i Current Zoning: A PF NO NO 1., A Agriculture p P p P p p A Sao o too 1200 F..t 77/7 /Z Comprehensive Guide Plan P Land Use Map LD L LD Location r D QP LD RC IND P Current Land Use Designation: LD LD Low Density residential P P LD LD goo 0 Goo 1200 F..t T Parcel base map idormatlon progdad by Dakota Gaunry Land iurwy Department D.cmber 2006. N Zoning Information maintained by City Staff. 1 M of Ea as I` W 6 TN IS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. 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R. n Ceivu.. oilool.•.lo.~ Ell. .1 va~.nvrw~•... w rr •i ' - wn•r-Od~ety cw •-a. twva+~w......av t ntr yxe o-..v.~vo•...a...•%1N~ % n I•w-1a63ao6mos6 S N vavnwam..s N00'10'26'E 305.00 5i. tl Q o (f • O a 8 0 0 61 gg y s ~ Q ~ R Y;1 a .g~ ~ x ~ F ! iF i I "In 71 7~: g•~~. I 4 A~:~3~gQg { eon--_-->=-ae o-._ i..P~ zll `I~ 4~ R~ u A oyN S-5 $ eo.s g$$ 7 0 a I c § u j 7EV I 9. v B \ m F i ~ I 7 I . 616" I- rf - ~ \~--1 ----aw.lr I . - 1~'. o W s~ cr F $ S I - I. D.ck rte, Ca, R P rib za m.~ '`b I I / v31 M I I I ~ a a ~ I I / I ~gg n a \t 11 J 4 rJg ~6 ~ 11 '1~ 11/ Lb ~ I ....s ; ! moo,, ,-~OE is rJf ems of II• I I ` gam r _ •Ti I 4f 1 (T' EXISTING CONDITIONS I P[[16~C dlIRS// CO 11 e in+ar .++11 N.t Nb ."..y. im, ^r•w +.•roum R[eMp v.n EXISTING CONDITION'S . o,.r.,.. by m• r yrwr my d~•et N •M•im me Nat V th. ARMZAND a x~..w Lmy I e EPIC DEVELOPMENT r+rvc am.c 3y~y,y~ ° ° ` € a L1 EE.~n Proy.t. uvx,m.t. 35341 zoos Ph 0." Dr C Ph- (013) ]30-lets Ph .an (559 M'U 05-seoo uat•: - sR e- (651) a -6600 4W.y 0. Lhdv- NN. 110. NO. 1070 7 f f" a~o.(B,.BO.~n• cu o05 t1 /~l I ~ ~ Dy6 ~ I ~ I ~ Px. F ~ y d;p I I a _ I v o I 9s - m ~ri I-- ~g e iV i o5~- ay , c o I i Z q { vies' % Cc 11 o I I I I ` ~ ~ l k_}f 4 I tixe 'O I I X ~ OE ` r I I I I OE I,, aae - ~ I OE11 I fill, c f~l! Y a , L y a. s ~ m TREE PRESERVATION PLAN .i3& cola .m I ,b Bym Y HEDLUND L ^a Lno\ iPa`: ev i°, PLWeY]`"'°' wrnn w 2 EPIC DE!TZOPUENT Pc(nnx\ro cx ra 7 Etl PgU , MM-t, S 47 Sees PN Oat °rh. 8 PY,Pns: (81II) ]]0-ZM4 E.-, Mw 55,22 w[ L- (ea) ~R-1 C. H-41,4, MB, N,, 1957B t i . •r o I i I - 216' 'a,rw.unep I ~yawpeFw•NF•fw ~ Rl ofvw•vwe wy I • >rw.r••Y•w WW IMe et IMI NE 1/4 of Ihf SW 1/4 d eeo. Se, T. Z>, A. 23 b O ~'I OmrOWala Leanly ryb I a O A Pr. 116 I I k ~ N IL \ _ a / / kS8 m ORM C ]E1V / Jn 41 \ J O L6 e2. b is / zza C 9t, H: WE L/O 11L~ays ~ wso I ~j'a' i I ' ~b;_ ~ n I OC•i b n i I I ~ i1. 1°. ~ y4 _ ~ V I _J o'eb I--~ - r, I I m° l l 1 C=) b f P I i •ha I II j PJZ _J I N I' uI r - I I ` I~ I I ~ i I I ON,r nano I - - ` "~D-~r1 I F i J j O M1 _ ~ ~ I f1 a ~~AA K6 - - - - - - - - - - - - -oE 1^~ a GRADING PLAN ~ ACARSR' COVE ^a` m ,rr+wn M GRADING PLAN HE,I~L UND in..nr vxllh `et kRb P~ q.dlknft. md~° o°abr u.M~°bP~ N. s~rn ~m+n ° I ErrC devELOPArsNr a vazo axy t<nN pvatvc sineK-rrrrc E°m I-- Fneeb 353f) 2M PF r7ek Url r. Phm•: (a13) 7~W-30,f Eee~m rn MN mMJ-e60p F. (41 WS-000a 11L DC 1 - Mmadl CN.qun° WN. . ND. 1P57. "MARSH COVE" Eagan, Minnesota proposed by: Epic Land Investment, LLC April 17, 2007 REQUEST Epic Land Investment, LLC (Epic) is requesting approval to develop 12 single-family homes on a 5.05 acre site. The property is proposed to be zoned Low Density Residential and guided for Low Density Residential. SITE CONDITIONS The property generally lies west of Dodd Road and east of Marsh Lake. Currently, the site is a combination of grass area, trees, and one existing home. The site is proposed to be graded to take advantage of the natural topography and to tie into adjacent land areas. The project proposes construction of one pond which will treat quality (NURP) of stormwater. This pond is designed to meet City and Watershed requirements. The site is also designed to meet the more stringent standards that the City is talking about implementing with regard to keeping all Tun-off on site. The site has been inventoried for significant trees in accordance with the City's ordinance. It is the intent of the Developer to maintain some of the existing buffering along the northerly and southerly boundaries with the existing homes on acreage. Epic will also be planting two boulevard trees per lot. Proposed Homes The proposed single-family homes are all proposed to be custom built in general conformance to the house type as shown on the proposed grading plan. This custom design will also provide architectural diversity regarding color schemes, window sizes and types, and other architectural features. The existing home on the site is proposed to be removed as it does not fit within the proposed layout for this development. Access & Traffic Issues Vehicle access to and from the development will be directly from Dodd Road. Trip generation will be approximately 10-11 trips per day for a typical single-family home. The existing roadway infrastructure is capable of handling this minimal number of trip traffic. RECEIVED APR 1 B 2007 0 1 r r° Utilities We are proposing to connect to the watermain and sanitary sewer along Dodd Road as shown on the plans. Based on numerous discussions with John Gorder at the City of Eagan, the City's consultant, Bonestroo, and the developer, Mark Pieper, that is working on subdividing a couple parcels just south and east, Epic is showing a lift station on this proposed development parcel. This is the lowest point, elevation wise in the immediate neighborhood and makes the most sense for a lift station to limit the number of stations. As mentioned above, the stormwater will be collected via. catch basins and discharge to a NURP pond within the project. The pond also has an infiltration basin and the back yards will be graded to keep run-off on site. Density The proposed density of this development is 2.38 units/acre gross and 3.3 units/acre net. The average lot size is 14,447 square feet which is above the required minimum of 12,000 square feet. All lots are conforming in size. Marsh Lake The property is adjacent to Marsh Lake. We are proposing a NURP pond to treat the quality of the water prior to discharge into Marsh Lake. Also shown on the plans is a 50 foot buffer from the existing wetland. Basis forapproval of re nest The intended use of the property is for a single-family detached subdivision comprised of 12 lots that range in size from 12,092 square feet to 23,867 square feet and average 14,447 square feet. As this is a conforming plat, without variances, Epic respectfi.illy asks for approval. We look forward to working with the Parks, Planning Commission, and City Council and completing the proposed project. We feel that it will be a great asset to the beautiful City of Eagan and a great place for its residents. _Developer Engineer Epic Land Investment, LLC Hedlund Engineering 9820 Sky Lane 2005 Pin Oak Drive Eden Prairie, MN 55347 Eagan, MN 55122 (612) 730-2814 (651)405-6600 I l~ r r • Agenda Information Memo June 19, 2007, Eagan City Council Meeting B. COMPREHENSIVE GUIDE PLAN AMENDMENT, PRELIMINARY PLANNED DEVELOPMENT AND PRELIMINARY SUBDIVISION (MANLEY COMMONS - MANLEY COMMERCIAL ACTIONS TO BE CONSIDERED: To implement a Comprehensive Guide Plan Amendment changing the land use designation from O/S (Office/Service) to RC (Retail Commercial) of approximately 2.88 acres located on the southwest corner of Pilot Knob Road and Buffet Way in the NE 1/4 of Section 4. To approve (OR direct preparation of findings of fact for denial for) a Preliminary Planned Development for a gas station and convenience store with car wash, and two retail buildings including one with drive-through service, upon 2.88 acres located at the SW corner off Pilot Knob Road and Buffet Way in the NE'/4 of Section 4, subject to the conditions listed in the staff report, as revised. To approve (OR direct preparation of findings of fact for denial for) a Preliminary Subdivision to create two lots and one outlot upon 2.88 acres located on the southwest corner of Pilot Knob Road and Buffet Way in the NE'/4 of Section 4, subject to the conditions listed in the staff report, as revised. REQUIRED VOTE FOR APPROVAL: Comprehensive Guide Plan Amendment - At least four votes Preliminary Planned Development - At least three votes Preliminary Subdivision - Majority of Councilmembers present FACTS: Comprehensive Guide Plan Amendment: ➢ The proposed land use amendment would change the designation of the subject site to RC, Retail Commercial, allowing for development of a gas station/convenience store and retail building. On March 27, 2007 the Advisory Planning Commission held a Public Hearing to consider the proposed Comprehensive Guide Plan Amendment. On April 17, 2007, the City Council directed the Comprehensive Guide Plan Amendment to be sent to the Metropolitan Council for review. ➢ On May 31, 2007, the Met Council responded to the proposed Comp Plan Amendment, waiving further review and directing that the City may implement the land use amendment. I Preliminary Subdivision and Preliminary Planned Development: ➢ The Advisory Planning Commission held a public hearing on April 24, 2007 to consider the proposed Preliminary Subdivision and Preliminary Planned Development and recommended denial for the reasons stated below. On May 18, 2007, the City received a revised set of subdivision and development plans. The applicant submitted the revisions in response to concerns raised in the staff report, by the APC, and by the County Plat Commission. ➢ A summary of the modifications made to the plans was provided in a letter from RLK, Inc. and is included in the attachments, along with the revised set of development plans. ➢ The Dakota County Plat Commission reviewed the revised plat on June 11, 2007 and discussed site access. The Plat Commission recommended approval of the plat if the access street to Buffet Way along the west edge of the site be dedicated and constructed as a public City street. City Engineering staff is preparing a separate memo discussing the alternatives and implications of this recommendation to be included in the forthcoming informative packet. ISSUES: ➢ The APC recommended denial of the Prelim. Subdivision and Prelim. PD for the following reasons: • Confusing and conflicting internal circulation patterns • Density/intensity of the proposal + Inability of the proposal to meet standard setback, green space and parking requirements. ➢ The proposed development, as revised in the May 18, 2007 set of development plans, addressed these concerns by eliminating one 7,800 s.£ retail building, increasing green space to 30%, and satisfying required setbacks and parking amounts for the modified development. ➢ A revised list of conditions of approval has been prepared based on the revised plan set and is included in the attachments. ➢ The Council will need to choose whether to prohibit outside display or allow it subject to City Code standards (conditions 10a or lob of the Preliminary Planned Development). ➢ Contractor's Capital (adjacent lot to the south) has expressed concern about the design of the private street access and the future elimination of their existing driveway to Pilot Knob Road. Their concerns were presented to the Dakota County Plat Commission at the June 11, 2007 meeting. 60-DAY AGENCY ACTION DEADLINE: August 2, 2007 ATTACHMENTS (8): I~ Letter from Metropolitan Council, page W3 Revised list of proposed conditions of approval, pages through Letter from RLK summarizing modifications made to the development plans, page) W Revised subdivision and development plans, ages 1.5 through 152. April 17, 2007 City Council Minutes, age ITS April 24, 2007 APC Minutes, pages through April 20, 2007 Staff report (Prelim. Subd. and Prelim. PD), pages 1JI through Letter from Contractor's Capital, page 20's 13q r I" Metropolitan Council May 31, 2007 Pam Dudziak, Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: Manley Commons Comprehensive Plan Amendment - Administrative Review Metropolitan Council Review File No. 18274-19 Metropolitan Council District No 15 Dear Ms. Dudziak, The Metropolitan, Council received the City's comprehensive plan amendment on May 2, 2007. The amendment reguides 2.88 acres from O/S, Office/Service to RC, Retail Commercial located at SW Corner of Pilot Knob Rd. and Buffet Way. The purpose of the amendment is to allow constriction of gas station/convenience store with car wash, and 12,200 square feet of retail including a coffee shop drive- through service. Council staff finds the amendment meets the Comprehensive Plan Amendment Administrative Review Guidelines adopted by the Council on May 11, 2005. Therefore, further action on this review is waived and the City may place this amendment into effect. However, staff offers the following advisory comments: Sanitary Sewer Eagan has been identified as a community with excessive peak hourly flow during we weather occurrences. As such the community has an identified UI reduction goal that applies to a specific part(s) of the community or to the community as a whole. The community will need to include a description of it's I/1 program in the City's 2008 Comprehensive Plan Update. The amendment, explanatory materials and the information submission form will be appended to the City's Plan in the Council's files. If you have any questions please contact Patrick Boylan, Principal Reviewer, at 651-602-1438. Sincerely, r Phyllis son, Manager Local nning Assistance cc: Jack Jackson, MultiFamily Market Analyst, MHFA Tod Sherman, Development Reviews Coordinator, MnDOT Metro Di io~ Dan Wolter, Metropolitan Council District 15 (7071' IE 0 W Patrick Boylan, Principal Reviewer 1A D~ Cheryl Olsen, Reviews Coordinator JUN 0 1 2007 www.metrocouncil.org 8 390 Robert Street North • St. Paul, MN 55101-1805 • (651) 602-1000 • Fax (651) 602-1550 • TTY (651) 291-0904 An Equal Opportunity Employer r I" MANLEY COMMONS CONDITIONS OF APPROVAL (REVISED PLAN SET RECEIVED MAY 18, 2007) Preliminary Planned Development: To recommend approval of a Preliminary Planned Development for a gas station and convenience store with car wash, and two retail buildings including one with drive-through service, upon 2.88 acres located at the southwest corner of Pilot Knob Road and Buffet Way in the NE 1/4 of Section 4. If approved, the following conditions should apply: 1. The developer shall execute a Preliminary Planned Development Agreement which includes the following plans: • Site Plan • Building Elevations • Site Lighting Plan • Landscaping Plan • Signage Plan 2. A Final Planned Development Agreement shall be executed for each building/lot of the development. The following plans are necessary for the Final Planned Development Agreement: • Final Site Plan • Final Building Elevations • Final Site Lighting Plan • Final Landscaping Plan • Final Signage Plan 3. Restaurants should be prohibited except coffee, ice cream and sandwich restaurants should be permitted provided they do not (i) employ the use of cooking exhaust systems that emanate smoke and/or grease or (ii) serve deep fried, grilled, or oven-roasted food items include but not limited to hamburgers, tacos, chicken, or fish. 4. The property shall be subdivided and platted prior to issuance of any building permits. 5. The development should employ sound abatement construction standards necessary for a sound level reduction of 19 dbl to achieve an interior sound level of 50 dbl. 6. Standard NB setbacks shall be met as follows: Front yard = 30 feet from Buffet Way 50 feet from Pilot Knob Rd. Side yard = 10 feet Rear yard - 20 feet 7. The developer shall provide evidence of ingress-egress easements in a form acceptable to the City Attorney. l~j Manley Commons Revised Conditions Page 2 8. femi eepta le to the City n tteme . (No shared parking areas on revised plan) 9. Outside storage shall be prohibited. The sale and rental of motor vehicles, trailers, campers, boats, and other items which are not kept entirely within the building shall be prohibited. 10a. Outside display shall be prohibited. OR 10b. Outside display may be permitted subject to the provisions in the City Code. 11. The fuel tank vent pipes shall be integrated into the site and not set off on the perimeter of the site in a stand-alone fashion. 12. The specific colors and styles of brick, stone and EIFS materials shall be the same on all twee both buildings in this Planned Development. 13. Prior to Final Planned Development approval, the developer shall provide calculations from the architect to verify that the required ratios of Class I and Class II materials are satisfied. 14. A standing seam metal roof material shall replace the proposed shingled roof on the southern retail building . 15. The gas canopy pillars shall incorporate the stone in addition to the brick, to match the principal structure. 16. The gas canopy fascia shall match the principal building architecture and be finished with EIFS like the upper portions of the building. 17. All building signage shall be individually mounted letters; no can or cabinet signs shall be allowed. 18. Consistent with the City Sign Code, signage is prohibited °n the west elevat'°„ ^r largef retail building and on the north and south elevations of the smaller retail building. Interior tenants in the retail buildings may be allowed only one building sign. No signage shall be permitted on awnings of the twe retail buildings. 19. Per City Sign Code, one additional building sign may be permitted on the convenience store, with sign placement restricted to a total of 2 elevations. 20. Menu board signs do require a sign permit and shall be shown on the plans at the time of Final Planned Development. in Manley Commons Revised Conditions Page 3 21. Signage on the gas canopy is limited to 20% of the fagade area. The Final Sign Plans should reflect a reduction in the propose sign area on the east elevation of the canopy. Signage on the gas canopy shall be individual channel letters. 22. The developer shall provide cross-easements for joint use of the one free-standing pylon sign. The Final Planned Development- shall show revised sign plans to reflect only two buildings in this development. 23. Only one free-standing sign shall be permitted for this development. r-ess easem shall b ed fer- joint use of the ::e n time n. sign-. The electronic gas pricing sign will be subject to ordinance requirements in effect at the time application is made for the sign permit. Retail tenant names on the free-standing sign shall be individually illuminated letter mounted on the brick background. 24. Any modifications to the entrance sign to accomplish consistency with the property north of Buffet Way shall be reflected in the Final Sign Plan with the Final Planned Development application. 25. The developer shall provide decorative light fixtures with the Final Site Lighting Plan at the time of Final Planned Development. Fixtures shall be the same throughout the development. 26. Trash storage shall be provided inside the retail building twe fetal btfil ipgs. 27. Outside trash storage is permitted for the convenience store inside an enclosure attached to the principal building, consistent with City Code design standards. The developer shall ensure that the enclosure is large enough to accommodate all trash and recyclables materials. 28. The applicant shall provide documentation addressing concerns in the staff report about the variation in light levels specifically with regard to the level of illumination beneath the canopy. 29. Gas canopy lights and lenses shall be fully recessed so that only the illumination is observed and the source of light is not visible. Preliminary Subdivision: To recommend approval of a Preliminary Subdivision to create twee -lots two lots and one outlot upon 2.88 acres located at the southwest corner of Pilot Knob Road and Buffet Way in the NE 1/4 of Section 4. 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, Bl, 133, Cl, C2, C4, Dl, and El. 2. The property shall be platted. I~ 1 Manley Commons Revised Conditions Page 4 3. The developer shall be responsible for acquiring a permit to work within the right-of-way from Dakota County for any work within Pilot Knob Road right-of-way, prior to final subdivision approval. 4. 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. 5. 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. 6. The easterly access onto Buffet Way shall be limited to right-out only egress vehicle movements. 7. Existing direct access to Pilot Knob Road from this site shall be eliminated in accordance with Dakota County Transportation Department standards. 8. Development of this property shall provide vehicle access to Buffet Way for the properties to the south. 9. This development shall dedicate a minimum of 75 feet of right-of-way from the section line within Pilot Knob Road, if not already dedicated with previous platting, as shown on the preliminary plat. 10. Restricted access shall be dedicated along the entire length of the development adjacent to Pilot Knob Road (County Road 31). 11. The developer shall provide ingress/ egress easement over the proposed service drive along the west edge of the development in favor of McNally Addition and Central Irrigation Addition properties, in a form acceptable to the City Attorney. This easement shall contain a provision that the easement cannot be vacated without the consent of the City. 12. The Final Landscape Plan shall show enhanced screening of the drive-through on the south side of the smaller retail building. 13. This proposal shall fulfill tree mitigation requirements through the installation of sixteen te V and 14E 11AV (16) Category B trees on this site. twenty f4 e (25) Category " trees o this Ji4 `he balanee ef twelve (12) Category A trees to be installed eff site (pr-epefty north side of Bey). I ~ V r r Manley Commons Revised Conditions Page 5 14. This proposal shall be subject to a cash dedication in lieu of on-site water quality ponding for the southerly parcel of this development. 15. This proposal shall be subject to a cash parks and trails dedications, payable at the time of building permit at the rates then in effect. 16. Outlot A shall be combined with Lot 1 on the final lat. 143 r t PJLK Engineering • Landscape Architecture • Planning • Surveying • Traffic INCORPORATED Creating extraordinary Communities Manley Commons Submittal Date: 5/18/07 Significant changes to plan set: 1) 7,600 SF retail building has been eliminated a) Lots have been renamed accordingly i) Lot 1 is now Outlot A ii) Lot 2 is now Lot.] iii) Lot 3 is now Lot 2 2) Parking provided to parking required now meets City's requirements. 3) The canopy for the gas pumps was shifted 20` west and is now 60' from the property line. 4) The 4600' retail building was shifted 5' west and is now 50' from the property line. 5) Pervious area for the shopping center increased to meet City's requirements. a) Previous plan pervious was 18.2%. b) Current plan pervious is 30.0%. 6) Service road has been realigned with a diagonal orientation- a) Previous staff comment was an awkward intersection at the confluence of the 3 lots. b) The new site plan cleans up this intersection to traffic in only 3 directions 7) Tree preservation has increased to 43.5% from previous 0.0%. a) This is due to adjusting the service road. b) Required tree mitigation has decreased to 16 Cat. B trees. c) All mitigation will occur on this site. 8) Landscaping plan has been adjusted to the elimination of the building and site plan revisions. 9) Lighting plan has been adjusted. 10) Grading was adjusted in new Lot 2 to drain into the landscaped island. a) Water quality treatment will occur in this area. b) This will fulfill a portion of the property treatment requirement. RECEIVED MAY 18 2007 Offices: Duluth • Ham Lake Hibbing • Minnetonka • Oakdale (952) 933-0972 • 6110 Blue Circle Drive • Suite 100 • Minnetonka, MN 55343 • FAX (952) 933-1153 Equal Opportunity Employer r r e s 235.45 MEAS. No0'20'00"w 2]6.25 PLAT m~ O rA/~AAI IAIl1/111:' .c . 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MINNESOTA 2510 PAGAN WOODS DUVP, suTrE 2ID PRELIMINARY SUBDIVISION PLAN RAGAN. MN 55121 411-M-5514 r I" 0 on ~a n Y L R! ~r rv1~.IrnLa. i 1 CG 1 1 py~ '.CC; I O o~ 6r I I - I oI cog -i L I. - ---s _J > i> c - % { F nr rA ~+.J.n.fl. +uni ~ Irv. / vL.. , v%~ ~n r i ~ r' rvl~_ EN 'T T Cu vi I{iii R.T. ICir'v~ vrwI /oO nT 1C 41 /1R Rr1Anl _ 1 ~ni r- O 1n IO v i ;<,rr iT v~- yg~pgpY m x +xxxuNNxNxN xx x u~x~xxxxxxxx F 511Fit s o."'CC~~Nd4FduxWS".L'_Se~uW°- SS$°R°u~°gNamN: Z l ~k~$ mmmma'i ~9 A'S°iS°S° GOO Z g~_ w~ ~ ~ ~ ~ ooov m6~mmwmm~smr~s~~"'xxic~mxa'"~~sszzsc~sxazz°ax~Xam ~ s rc Q e gg g " p $$gQ ~vvvvvv~s9999;S2SmmSFA$°'xz'z°z''z~zs'xiE~'S°z'z~ >~EQ + Z mmmmmmmmK~{ pm mmmm mm mmm m g~'a ~ W'om~,°.m~w-~'oaa~•~amau.oaam~, O m.Q a ~~b 9. P A; y4JC 2 N-g NHS JAR mtAg 19vF A g RI;'o C - - r ITl x .C; FC:~SS Y4 s~aQ$ m 11, Ilk 11, ! 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'rv~G hvnv I a, ~ mm IN E -1 H H H' + yy g~ y T'. $ g $ r $ h a : Pia y m z All ~ i ' ry~ap tw r o $ 'iii 3dg nz Na 11ir 33 € i ~.~I ll~~'' Qa P N i R a ° TREE MITIGATION (REVISED) - MANLEY COMMONS MANLEY COMMERCIAL, INC !Tyq!RNe Pi Y,;,;, ~ ~ 4/11 ..w w4~ E30TA - •iw w w wa xr, ""••,~MM w 7~ T r-Xgjff ~ EA(IAN, MINN ~2T SUIC8270 _ ~A~ .K I I 7610e.AGAMCAN.95512i 20W066M PROPOSED 651-2814131 our w ellr a. ; I~b 5/15/07 TREE MIiIGAI'lON PLAN x,wo® ,,,56 n•n ue wo. •voa:.a~a. w... sr,m.xa~.a Me,sua~ 41 r r " e 8 s n nacw't oP~ ~._to .,c. pC.--- I ~ « i yi A rdA [.vI I~tnnn Gnv I rrvvv ` I hiv I J+ I I _ I r/ 4 t 'II yl fZTI REST I1 r hcc 1 I I / I ' e SIP LPL S2 ' 4 I I r; ~ V I I / I L. ~ i' o a ; el u q o o 0 o I I=r `r~ v i > \ I Oj. l ,r > p El i I F 40 W a o I I 46 hm 0^ o 'o w, c III l MAR a ° I I rti I F I 1 ~ w I L~ l c \Irl :vC h.rr,l~ I F » • (PILOT KNOB ROAD) a 1 PIF.V I KNOB ROAD', a r 10A "1 0 7J 7J 77 m m lilt 0 R ~ < ba n g 3N a fill o 91ic : S >Co bd n$9~ r 2 Bp~y O ~ Xis _€4.~ , 1 1 1 1 1 1° I I°=4I a _ ~F ap ao o~ =R I I I I I I I I I I I Fi 3kRH fig fsa>t}}F. cols..[4- 7 i ° PRELIM. UTILITY PLAN (REVISED) r MANLEY COMMONS MANLEY COMMERCIAL, INC REVISIONS 7/} } EAGAN, MINNESOTA 2W EAGAN WOODS Darm SUrIE 2z0 mam ~..µw x r.•w '•r n Ft T .K ~ I ~nraiwty 2OO7OSeM PRELMINARY WGAN, A[N SSl21 - w.pxy 7`/ / u U11L71T PUN 651-2895511 °1-' x °hc°°° OAa Uaea ntze auoew.aa.D+...s.rtm.s..~~.Faxw~ r r• ' a eA~ 9 Na a Hi ~t ~ •i 71- + c:. r w M ~ _ e= YFF£ r c r " i~ r i fig lam' I 1 pr r t. t rg r I _ "r r r ~ r : 'i ~ ' x k, 3 xlI 'L Y. I ,Frr r r r r r r r r r r n Y: r 5r inTrK"06-ROAD)r r. r r• r• r r r C re . i T _ -tea a @.? (A •y r- _ip( esF 77 r}^} 55th}3 ~,l.e~ ~ ~ ~ ~ ~g $ ~ r = r a 4- rfi y ;gtlf - y~ : n 4$ Af !jig H s ~ i~5}€5~a rf3 t' # S aad€€ 1~ I p€ e r 0 ~tii}j i 2 yF 4: F R : m 2ft3 ~eei'rIy se afr 5 F €FF~ N F C G^ 1 j~i9r;5r Dar a a p $ C7 as 3 ;~~FFe352 i iif 4 'a I=~at4t.SiA €r #ii s:t ~ ~ 4 ~ ~ ~ ( iS} 7 e4 o v§ -C g Ira ~ m&wl g ~ ~ sssssssssssssss LLyu______NGY_____YCY______ g~ Z~ m ' PRELIM. SITE LIGHTING (REVISED) "a MANLEY COMMONS MANLEYCOMMERCIAL,INC. I EAGAN, MINNESOTA 76106AGANW0025ORnT SI7R8?m RLK zoo? r PRELIMINARY &%GAN, UN 55121 R UGHTING PLAN °AYE l1G N0. ♦IAS! alto lYU O.Y Udn.fWr ~°r. YY.+QA4 WI15atl~ t r I e ----jg 1 / rA 12 A RI[ 11rvvv ` 1 V~O g it < <~YI \I,VL I T 'i _y I A It I i $$p 1 I/`A I A I I CT )rrT II I ~ r I I I / I I A n4 II I . / k ~ ~ Q' V I I 4 I 1 VVV I I I ~ / I II r I I / O El i..... ie JI I liiy O El I I;; MI 1 0 0 1 F III so_c I I y I i I o I r < OJ to o . I I " °oD ~ q a 1 Iw tncl) W q o g I I+ 0 0 0 l a c: A I gs cr)m 5 m O El F m I $ On i yI1 'a O> I cl) L I I II i1 ~ ~ F W I I = > I i> 9 m~ b° }A o'r^~ I11 !\T K.N.0 Vl1y 1 (PILOT KNOB ROAD) 390E n ^ A ~vv i Cg ~ 1 PILOT KNI08 ROAD) cn g m C ; 0 s a~ X050 fly 0 m 7J m O 's n I D 7J ~J qo o$~ p n~ T fl gER } p~'7Ri~ m o ouco g$~a A i ~4 Za ~~AZ~ n F S$ Q 1 L" m pv' o r~~~ g g m v1~~~illllli ~I GG z $ gig e IH M _ G' C= 15 PRELIM. SITE PLAN (REVISED) MANLEY COMMONS MANLEYCOMMERCIAL1 INC TT\~ /11 1 I V EAOAN. MIWIMOTA U40 PAGAN WOODS DRIVE. 5= xZ0 ~ x6srmmans 2007066M PRELIMINARY SITE PLAN 5AGAN, En 55121 wr C ampm11sx 651-289-5514 5/15/07 u® 0A1c tx. xa xs+x f f . ..x..11. ~ ~ ✓e ewttl w g ° fi $ 'c A A Al lilnnn E .w hlvC °o it R. /I 1 E IA $ E / s~ ? A I 1 lr J I f~ c`r~1LET 1 E uE'~. - I ~ 8 8` 3 q 8 [ Ngx N 1 a $ t c I~ ~ ! E - 13'n a $ S EE ~ II . 4. ~1 'j ~ f ~ O 11,0,\ ~ fl ! ♦ C \ s E iy i I ° r _ al a a A 8 m' I ❑ p. p eg a m CD 01 EI 2 -n El m I O O v€aA ~t fl L rG b -a > , ~.=g i 1 P uS~ a ❑ a C jy ~ > f I 1.111 » J T> \IYVE: V/'SV t / T G (PILY~\T KNOB ROAD)` c 11ILT KNOB ROAD' r" s f+l ) r_ ' i $I° 111101 Z ap m8 gp X11x 12 S2 vw o n iC 6$~~ i 3 BiiR Q b ~a j H- " o? 11 a) g o~ S p g 91,H111 rr~~-ti~ ! Ra F ! y~ ~ ~ ~s ~ !°'1 p Rp %o $a $ z qs a utp pfig 0 r ~1 ~1 A o a O~ 00s s 1891 11KET 9 S„- €qg p8p Mg Z Ir. ..~I "S X ~°4 B RA ~ Q $ ! SS O= ~ $!F .g ~ IW A B> $ In X1.19 I I !Fl F AI I II I~ F ~!t 1'! I + °sg $a ~8~a~ !Std tt ~ p AN z j 4, a I ! 9 st ('d Ip . IF p g; aa~pm~ o lad Qz T61 av 1 I hi i 1 C"') t t 'c 3 ,11 ; ~ $a ~ ; I al F ' rn ti ~ 'q F ~ ~ s flip m xgl ! ti ~R aqAA oil ~ p~~s~ e~ a ~II a $ RAp si dill 211 k• 1/ 4 N + 1'~ I g d'A T ~1,lyp ~ ~ GIs P ~ 3• PRELIM. GRADING PLAN (REVISED) MANLEY COMMONS MANLEY COMMERCIAL, INC. 6/11 I EACAN. MINNOWTA [ 2610 PAGAN WOODS SORB 2ID - - 20070664 &1CAN,NN SS SSe 21 Y1 .7 tiyyly PRELIMINARY GRADING, - - Anb« rv 5/15/07 DRAINAGE, AND EROSION Est-zev-sstt L CONTROL PLAN UAh uc NO, 25u6 novel,. ala. ae,.. [.rIW. Mleswoe4 WV fsw~ e N RIVE DS DR yR. . s Nob i. i ;TREIET <n z p ci El 9• L7 ❑ ~ e 1 "e•; ~ ID 11 < °z \ 11 p a z nv 1 CA 0 ❑ is + Om x~ - A I....a 0 El d G] ❑ my 46 I ❑ p 'fir U) Zy ❑ ❑ "11 - o z z m ~El F.1 4- q CD A m r l - r xa a. a o All a~i ..1....... - T - _ a 1.S.A.T 1. IYV. 3_1 11 I P:' .v T KNOB RvAD i i 951 z 'gig opp * 5. "G~ ~ ~ ~ ~ b $q e ~ ~ T ~ t m Ip R y by B aa €m s 2 I co x~ R v s $ x fn- Aq N 1.1 N 111111111 1011 1110 10 a t ° k1 o Q R R '1m z F' S cFF a xS P11a III Y k K y Z I p le i F* x 3A I I I Q R A~ ~ R m i~ s vIlo l i g ~ $ g P~ w ° I i I PRELIM. LANDSCAPE PLAN (REVISED) 8%1 t MANLEY COMMONS I MANGEY COMMERCIAL, INC Re"sar+s 'C EACAN. MINANNESOTA 2610 EACAN WOODS DRI3'QSURE 322 r w aw a Yl.,~r R • .K 1r.w.4wr I 2007086M GA ..53121 M a1- PRELIMIRY 631-789-5511 iV~u33 LANDSCAPE PLAN C ~ . ffifll9 11 s/i5/m Y11alM OaW pe.., y.r ~m,~o..~hMH SY L Q1m 2A1E l1G N0. 4145a I I Eagan City Council Meeting Minutes April 17, 2007 Page 5 13. A public improvement project and award of a contract providing for the construction of a lift station to serve the development and the surrounding area, shall be approved prior to final subdivision approval for this development. 14. The developer shall be responsible for the extension of water main within Dodd Road to the development. 15. The proposed street (Street B) shall be constructed with a temporary cul-de-sac turnaround with a pavement diameter minimum of 90 feet, in accordance with City code and the preliminary site plan. 16. The developer shall provide a temporary public easement over the temporary cul-de-sac in the southeast corner of the development. 17. The developer shall be required to enter into an agreement with the City for the winter maintenance of the small portion of the public street leading from the existing house driveway, in a form acceptable to the City Attorney. 18. This development shall be responsible for a warranty requirement stating that any preserved/transplanted tree which is not alive or in a healthy state, as determined by the City, or which subsequently dies due to construction activity within one (1) year after the date of project closure, shall be removed by the Applicant and replaced with a new, healthy tree meeting the same size requirements within eight (8) months of removal. 19. This development shall be responsible for a cash parks dedication for the newly created lots. 20. This development shall be responsible for a cash trails dedication for the newly created lots. 21. To be compliant with standards set forth in the Water Quality Management Plan, this development shall construct the stormwater treatment basin in accordance with City standards. The area of the parcel that does not drain to the basin shall be subject to water quality cash dedication. COMPREHENSIVE GUIDE PLAN AMENDMENT - MANLEY COMMONS City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment that would change the land use designation from Office Service to Retail Commercial for property located at the southwest corner of Pilot Knob Road and Buffet Way. Community Development Director Hohenstein gave a staff report. Kurt Manley, Manley Commercial, discussed the need for convenience amenities in the area. Councilmember Tilley moved, Councilmember Fields seconded a motion to direct staff to submit to the Metropolitan Council a Comprehensive Land Use Plan Amendment that would change the land use designation from O/S, Office/Service, to RC Retail Commercial, for property located at the southwest comer of Pilot Knob Road and Buffet Way in the EN 1/4of Section 4. Aye: 5 Nay: 0 ORDINANCE AMENDMENT CITY OF EAGAN City Administrator Hedges introduced this item regarding an Ordinance Amendment to Chapter 11, to permit community service activities (i.e. food shelf, education, training, etc.) as accessory uses in the Public Facility Zoning District. Community Development Director Hohenstein gave a staff report. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an Ordinance Amendment to Chapter 11, to permit community service activities (i.e. food shelf, education, training, etc.) as accessory uses in the Public Facility Zoning District. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no updates. ADMINISTRATIVE AGENDA City Administrator Hedges discussed a proposed Land Use Agreement with Blue Cross Blue Shield for use of their property for soccer fields . Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Land Use Agreement with Blue Cross Blue Shield for the Provision of Public Soccer Fields on Blue Cross Land. Aye: 5 Nay: 0 )53 r r" ' Advisory Planning Commission Minutes April 24, 2007 Page 9of18 D. Manley Commons Applicant Name:Manley Commercial, Inc. Location:2779 Pilot Knob Road; Outlot C, Eagan Woods Office Park 2nd Addition Application: Preliminary Planned Development Preliminary Planned Development to allow a retail development including a gas station / convenience store with car wash, and a coffee shop with a drive-thru. File Number: 04-PD-01-02-07 Application: Preliminary Subdivision A Preliminary Subdivision of 2.88 acres to create 3 parcels. File Number: 04-PS-03-02-07 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. Kurt Manley, applicant, stated he was present for questions. 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 stated the City Code lists five elements for Planned Development zoning and this proposal does not meet some of those elements - it does not result in "greater creativity and environmental sensitivity," "cultural advantages" or "more creative and efficient use of the land." He stated he will vote against approval. Chair Hansen asked the applicant to address staffs concerns regarding internal site congestion due to the awkward site design and the desire to have an understated development, via building orientation, that would better fit this area of the City. Andy Berenberg, RLK discussed the traffic circulation and access proposed for the site. Dave Hoeschen, Holiday Station Stores discussed the position of the building and orientation of the gas canopy on the property. He stated that reorienting the building and gas canopy would result in the traffic circulation patterns not being functional. Assistant City Engineer John Gorder addressed the driveway access points and suggested right-in/right-out on Buffet Way and the concerns of Dakota County relative to the backage road. Kurt Manley discussed the needs of the surrounding area for a gas station and compared the proposal to the La Quinta Hotel proposal that was previously approved by both the Advisory Planning Commission and City Council. 15 Advisory Planning Commission Minutes April 24, 2007 Page 10 of 18 Member Jensen stated La Quinta is not being discussed and that although she was the only APC member to support the Comprehensive Guide Plan Amendment, she could not support the current request because of the intensity, density, and traffic concerns. Chair Hansen agreed with Member Jensen and stated he will not vote in favor of approval. Member Dugan stated agreement with Chair Hansen and Member Jensen. Member Chavez stated concern with the procedural aspect of the proposal. He stated the land use amendment is still in process, therefore, the land use designation of this site has not been changed and this application does not satisfy the current objectives of the Comprehensive Plan. He stated land use density is the core of his objection to approval. Member Keeley moved, Member Heaney seconded a motion to recommend approval of a Preliminary Planned Development for a gas station and convenience store with car wash, and two retail buildings including one with drive-through service, upon 2.88 acres located at the southwest corner of Pilot Knob Road and Buffet Way in the NE'/4 of Section 4 subject to the following conditions as amended: 1. The developer shall execute a Preliminary Planned Development Agreement which includes the following plans: • Site Plan • Building Elevations • Site Lighting Plan • Landscaping Plan • Signage Plan 2. A Final Planned Development Agreement shall be executed for each building/lot of the development. The following plans are necessary for the Final Planned Development Agreement: • Final Site Plan • Final Building Elevations • Final Site Lighting Plan • Final Landscaping Plan • Final Signage Plan 3. Restaurants should be prohibited except coffee, ice cream and sandwich restaurants should be permitted provided they do not (i) employ the use of cooking exhaust systems that emanate smoke and/or grease or (ii) serve deep fried, grilled, or oven-roasted food items include but not limited to hamburgers, tacos, chicken, or fish. 4. The property shall be subdivided and platted prior to issuance of any building permits. 5. The development should employ sound abatement construction standards necessary for a sound level reduction of 19 dbl to achieve an interior sound level of 50 dbl. 6. Standard NB setbacks shall be met as follows: Front yard = 30 feet from Buffet Way 50 feet from Pilot Knob Rd. Side yard = 10 feet Rear yard = 20 feet 7. The developer shall provide evidence of ingress-egress easements in a form acceptable to the City Attorney. 1~ Advisory Planning Commission Minutes April 24, 2007 Page 11 of 18 8. The developer shall provide evidence of cross-parking easements for shared parking in a form acceptable to the City Attorney. 9. Outside storage shall be prohibited. The sale and rental of motor vehicles, trailers, campers, boats, and other items which are not kept entirely within the building shall be prohibited. 10a. Outside display shall be prohibited. OR 11. The fuel tank vent pipes shall be integrated into the site and not set off on the perimeter of the site in a stand-alone fashion. 12. The specific colors and styles of brick, stone and EIFS materials shall be the same on all three buildings in this Planned Development. 13. Prior to Final Planned Development approval, the developer shall provide calculations from the architect to verify that the required ratios of Class I and Class II materials are satisfied. 14. A standing seam metal roof material shall replace the proposed shingled roof on the two retail buildings. 15. The gas canopy pillars shall incorporate the stone in addition to the brick, to match the principal structure. 16. The canopy fascia shall match the principal building architecture and be finished with EIFS like the upper portions of the building. 17. All building signage shall be individually mounted letters; no can or cabinet signs shall be allowed. 18. Consistent with the City Sign Code, signage is prohibited on the west elevation of the larger retail building and on the north and south elevations of the smaller retail building. Interior tenants in the retail buildings may be allowed only one building sign. No signage shall be permitted on the awnings of the two retail buildings. 19. Per City Sign Code, one additional building sign may be permitted on the convenience store, with sign placement restricted to a total of 2 elevations. 20. Menu board signs do require a sign permit and shall be shown on the plans at the time of Final Planned Development. 21. Signage on the gas canopy is limited to 20% of the fagade area. The Final Sign Plans should reflect a reduction in the propose sign area on the east elevation of the canopy. Signage on the gas canopy shall be individual channel letters. 22. The developer shall provide cross-easements for joint use of the one free-standing pylon sign. 23. Only one free-standing sign shall be permitted for this development. Cross easements shall be provided for joint use of the monument sign. The electronic gas pricing sign will be subject to ordinance requirements in effect at the time application is made for the sign permit. Retail tenant names on the free-standing sign shall be individually illuminated letter mounted on the brick background. 24. Any modifications to the entrance sign to accomplish consistency with the property north of Buffet Way shall be reflected in the Final Sign Plan with the Final Planned Development application. 25. The developer shall provide decorative light fixtures with the Final Site Lighting Plan at the time of Final Planned Development. Fixtures shall be the same throughout the development. 26. Trash storage shall be provided inside the two retail buildings. 27. Outside trash storage is permitted for the convenience store inside an enclosure attached to the principal building, consistent with City Code design standards. The developer shall I~ r r° ' Advisory Planning Commission Minutes April 24, 2007 Page 12 of 18 ensure that the enclosure is large enough to accommodate all trash and recyclables materials. 28. The applicant shall provide documentation addressing concerns in the staff report about the variation in light levels specifically with regard to the level of illumination beneath the canopy. 29. Gas canopy lights and lenses shall be fully recessed so that only the illumination is observed and the source of light is not visible. A vote was taken. All voted in against. Motion failed 0-7. Member Keeley moved, Member Heaney seconded a motion to recommend denial of a Preliminary Planned Development for a gas station and convenience store with car wash, and two retail buildings including one with drive-through service, upon 2.88 acres located at the southwest corner of Pilot Knob Road and Buffet Way in the NE'/4 of Section 4 for concerns with traffic, density, greenspace, set backs, parking, signage, and lack of satisfying condition number 5. A vote was taken. All voted in favor. Motion carried: 7-0. Member Keeley moved, Member Heaney seconded a motion to recommend approval of a Preliminary Subdivision to create three lots upon 2.88 acres located at the southwest corner of Pilot Knob Road and Buffet Way in the NE'/4 of Section 4, subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, B1, B3, C1, C2, C4, D1, and E1. 2. The property shall be platted. 3. The developer shall be responsible for acquiring a permit to work within the right-of-way from Dakota County for any work within Pilot Knob Road right-of-way, prior to final subdivision approval. 4. 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. 5. 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. 6. The easterly access onto Buffet Way shall be limited to right-out only egress vehicle movements. 7. Existing direct access to Pilot Knob Road from this site shall be eliminated in accordance with Dakota County Transportation Department standards. 8. Development of this property shall provide vehicle access to Buffet Way for the properties to the south. 9. This development shall dedicate a minimum of 75 feet of right-of-way from the section line within Pilot Knob Road, if not already dedicated with previous platting, as shown on the preliminary plat. 10. Restricted access shall be dedicated along the entire length of the development adjacent to Pilot Knob Road (County Road 31). f~~ Advisory Planning Commission Minutes April 24, 2007 Page 13 of 18 11. The developer shall provide ingress/ egress easement over the proposed service drive along the west edge of the development in favor of McNally Addition and Central Irrigation Addition properties, in a form acceptable to the City Attorney. This easement shall contain a provision that the easement cannot be vacated without the consent of the City. 12. The Final Landscape Plan shall show enhanced screening of the drive-through on the south side of the smaller retail building. 13. This proposal shall fulfill tree mitigation requirements through the installation of twenty-five (25) Category A trees on this site, and the balance of twelve (12) Category A trees to be installed off-site (property north side of Buffet way). 14. This proposal shall be subject to a cash dedication in lieu of on-site water quality ponding for the southerly parcel of this development. 15. This proposal shall be subject to a cash parks and trails dedications, payable at the time of building permit at the rates then in effect. A vote was taken. All voted in against. Motion failed 0-7. Member Keeley moved, Member Heaney seconded a motion to recommend denial of a Preliminary Subdivision to create three lots upon 2.88 acres located at the southwest corner of Pilot Knob Road and Buffet Way in the NE'/4 of Section 4 for concerns with traffic, density, greenspace, set backs, parking, signage, and lack of satisfying condition number 5. A vote was taken. All voted in favor. Motion carried: 7-0. Stated reasons for denial: Confusing and conflicting internal circulation patterns Density/intensity of the proposal Inability of the proposal to meet standard setback, green space and parking requirements. r r" ' PLANNING REPORT CITY OF EAGAN REPORT DATE: April 20, 2007 CASE: 04-PD-01-02-07 04-PS-03-02-07 APPLICANT: Manley Commercial, Inc. HEARING DATE: April 24, 2007 PROPERTY OWNER: Manley Commercial APPLICATION DATE: April 4, 2007 REQUEST: Preliminary Subdivision PREPARED BY: Pamela Dudziak Preliminary Planned Development LOCATION: SW Corner of Pilot Knob Rd. and Buffet Way COMPREHENSIVE PLAN: O/S, Office/Service ZONING: PD, Planned Development SUMMARY OF REQUEST Manley Commercial, Inc. is requesting approval of a Preliminary Planned Development for a gas station and convenience store with car wash, and two retail buildings including one with drive-through service, and a Preliminary Subdivision to create three lots, upon 2.88 acres located at the southwest corner of Pilot Knob Road and Buffet Way in the NE 1/4 of Section 4. 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 r t Planning Report - Manley Commons April 24, 2007 Page 2 contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. 1. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." Planned Development: City Code Chapter 11.60, Subd. 18, A., states the intent of the Planned Development zoning district as follows: L Providing greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. 2. Recognizing the economic and cultural advantages that will accrue to the residents of a planned community. r I " ' Planning Report Manley Commons April 24, 2007 Page 3 3. Encouraging a more creative and efficient approach to the use of the land. 4. Encouraging the preservation and enhancement of desirable site characteristics, natural features, and open space. 5. Encouraging a development pattern that is consistent with land use density, transportation facilities and community facilities objectives of the Comprehensive Plan. BACKGROUND/HISTORY Manley Commercial submitted a proposal for Comprehensive Guide Plan Amendment to change the land use designation of the subject site from O/S, Office/Service to RC, Retail Commercial. The Comprehensive Guide Plan Amendment was reviewed by the Advisory Planning Commission on March 27, 2007, and the City Council on April 17, 2007. The APC recommended denial, and the City Council directed that the amendment be submitted to the Metropolitan Council for their review. This site consists of two parcels which are both vacant. A plat combining the two parcels for development of a five-story 152-room La Quinta hotel, including the planned service drive along the west property line, was approved in 2005 but was never recorded and the plat approval has expired. The City approved a Planned Development for La Quinta in 2005, however, the Planned Development Agreement was never signed and executed. The northerly parcel was platted as an outlot with the Old Country Buffet (OCB) development in the mid-1990s. Prior to that it was part of the Wyndham Corporate Center Planned Development dating back to 1985. The southerly parcel is unplatted and previously contained a single-family home, though the house has been removed and the property is now vacant. The OCB Planned Development called for a restaurant on this parcel. The original intent of the OCB development was to "develop a campus where, in addition to their corporate offices, the employees can be trained at a training facility, be housed at the hotel, and operate their restaurant; all on one site." (OCB Staff Report, April 25, 1995) In keeping with that plan, the outlot south of Buffet Way was designated for a restaurant use, and the outlot north of Buffet Way was designated for a hotel. These uses did not develop and OCB sold both of the outlots a few years ago. The northerly lot is now a two-story office building (Venture Bank/Corporate Woods), and the southerly corner was approved for the La Quinta hotel, which has not been constructed. EXISTING CONDITIONS The site is vacant and was previously graded. There are some significant trees along the west boundary of the site. The site has access from Buffet Way, the southerly parcel has an existing driveway access to Pilot Knob Road. r t" ' Planning Report - Manley Commons April 24, 2007 Page 4 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property- Existing Use Zoning Land Use Designation North Office (Corporate PD, Planned Development O/S, Office/Service WoodsNenture Bank South Collector's Paradise NB, Neighborhood O/S, Office Service (former gift shop being Commercial converted to office East Hotel/office PD, Planned Development BP, Business Park West Office (Old Country PD, Planned Development O/S, Office/Service Buffet EVALUATION OF REQUEST Description of Proposal - Manley Commercial is proposing a retail commercial development consisting of a gas station/convenience store with a car wash, and 12,200 sq. ft. of retail. The proposed gas station is on the northeast corner of the site, with retail to the west (7,600 sq. ft.) and south (4,600 sq. ft.). The smaller of the two retail buildings includes drive-through service (possibly a coffee shop) on the south side. The NB district is utilized for comparison since this district is intended to be "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 NB district allows a variety of retail service uses and the adjacent property to the south is zoned NB. The proposed Preliminary Planned Development specifically includes requests for the following uses which are typically considered conditional uses in the NB, Neighborhood Business, zoning district. a) Motor fuel sales b) Convenience stores c) Car washes d) Drive-through service e) Class II or "fast food" restaurant uses, with or without drive-through service With regard to the drive-through service and Class II restaurant uses, the applicant is proposing a coffee shop. Restaurants in this development should be prohibited except coffee, ice cream and sandwich restaurants should be permitted provided they do not (i) employ the use of cooking exhaust systems that emanate smoke and/or grease or (ii) serve deep fried, grilled, or oven- roasted food items include but not limited to hamburgers, tacos, chicken, or fish. Compatibility with Surrounding Area - The question of land use compatibility is being considered under the Comprehensive Guide Plan Amendment request to change the land use designation from O/S, Office/Service, to RC, Retail Commercial. This site is within an area of l OL r t" ' Planning Report - Manley Commons April 24, 2007 Page 5 primarily multiple story office and service uses, including a six-story hotel. The long range planning for this area, and ultimate development, resulted in multistory professional offices and service uses. The introduction of intense single-story retail at this gateway location represents a significant departure from historical planning efforts. As such, the retail development of this should strive to be understated and complimentary to the existing professional uses. Ai ort Noise Considerations - The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter in its Transportation Policy Plan that anticipates the impacts from the continued operation of the airport at its current location. Based on the Metropolitan Council Policy Contours adopted in 1996, the site is located within Noise Policy Zone 3. The Met Council has recently adopted new land use compatibility guidelines, which incorporate the 2007 Noise Policy Contours. Under the new guidelines it is anticipated that retail uses will be a provisional use within Noise Policy Zone 3. This development should employ sound abatement construction standards necessary for a sound level reduction of 19 dbl to achieve an interior sound level of 50 dbl. Conforming Plan - The conforming plan is intended to show a development that conforms with standard zoning. BP would be an appropriate comparison to the proposed Planned Development because it permits office use and conforms to the O/S land use designation for the property. The conforming plan shows two office buildings totaling 17,800 sq. ft. A total of 95 parking stalls would be required and the conforming plan provides for 119. The plan shows conforming parking setbacks and parking stall dimensions. Except for the south side, structure setbacks conform to BP zoning. In the conforming plan, street access is provided via Buffet Way with a dedicated private service drive providing access to parcels to the south. The office park to the southeast across Pilot Knob Road has a site design that places the multiple-story building adjacent to the streets, with parking behind the building, and the hotel to the northeast across Pilot Knob Road has a significant building presence along Pilot Knob Road. A similar site design was suggested for Venture Bank building to the north, and staff would suggest the same for a conforming plan on this site - relocate the building forward on the site and deemphasize the parking lot and create a building presence at the entrance to this office park at this gateway intersection Lots/Density - The proposal consists of three buildings and proposes to subdivide the property into three lots, dedicating the additional right-of-way required by Dakota County for Pilot Knob Road. The proposed lot sizes are Lot 1 - 0.9 acres; Lot 2 - 1.2 acres; and Lot 3 0.6 acres. Preliminary Planned Development: Site Plan - The proposed development subdivides the site into three lots for three commercial buildings. Access is provided from Buffet Way in two locations. The developer is accommodating a dedicated service drive along the west side of the property that will serve as access to this property and adjacent property to the south to replace direct driveway access to r t" Planning Report - Manley Commons April 24, 2007 Page 6 Pilot Knob Road. Pedestrian connections are provided to the trails along both Pilot Knob Road and Buffet Way, and internally between lots. The proposal includes a gas station/convenience store with a car wash, and two retail buildings totaling 12,200 sq. ft. The proposed gas station is on the northeast corner of the site, with retail to the west and south. The gas station has 6 multi-product dispensers, allowing fueling for up to 12 vehicles at once. Adequate stacking (minimum of 5 vehicles) appears to be provided for both the retail drive-through and the gas station car wash. The vacuum station for the car wash is located on the east side of the convenience store, after the car wash exit. Typically, these types of services are located in the back of a building rather than adjacent to the street. Staff finds the site circulation somewhat awkward. The driveways necessary to provide internal circulation to all buildings present potential conflicts and bottlenecks. The area around the gas canopy is expected to see high volumes of traffic. The car wash stacking and retail parking to the west and traffic going to and from Lot 3 all converge in the middle of the site. The Site Plan also does not provide the required amount of parking, green space, or setbacks, suggesting that the development may be more intense than the site can accommodate and City policy makers may wish to consider intensity reductions so that these standard bulk requirements can be met. Bulk Standards - While the City Code does not specify bulk standards for the PD zoning district, the NB standards are applicable for comparative purposes. The NB zoning district requires the following. Building Setbacks - Building setbacks in the NB district are: Minimum NB Setbacks Proposed Setbacks Front yards = 30 feet from local streets >30 feet (Buffet Way) 50 feet from Pilot Knob Road 45 feet for Lot 3; 40 feet for canopy on Lot 1 Side yards = 10 feet >10 feet Rear yards = 20 feet >20 feet The reduced setbacks along Pilot Knob Road are a deviation from typical code standards. The applicant's narrative states that the site was constrained by providing the service drive along the west edge of the site. It is important to note that the service drive has been planned for a number of years. Therefore, all standard setbacks should be met. Parking Setbacks Minimum setbacks for parking are 20 feet from a public right-of-way, and 5 feet from side and rear lot lines. The 20 foot parking setback from Pilot Knob Road appears to be satisfied. The required 5 foot minimum setback is satisfied at the site perimeter. Shared ingress/egress results in zero parking setbacks internally. The developer should provide evidence of ingress-egress easement in a form acceptable to the City Attorney. Parking (number of stalls/dimensional standards) The Site Plan provides for internal site circulation between parking lots. The required minimum amount of parking should be I~ Planning Report - Manley Commons April 24, 2007 Page 7 provided for each building. There is an overall shortage of 16 parking stalls. A summary of the parking required and provided is listed below: Required Provided Difference Gas station/convenience store 28 stalls 31 +3 Large retail building 38 stalls 24 -14 Small retail building 23 stalls 18 -5 Total -16 If shared parking is intended, the developer should provide cross-parking easements in a form acceptable to the City Attorney. Building Coverage - Building coverage is typically calculated on a lot by lot basis. Maximum building coverage is limited to 20% in NB zoning districts. All three lots are proposed to have building coverage under 20%. (Lot 1 = 19.4%; Lot 2 = 19.99%; Lot 3 = 17.6%). Green Space - As with building coverage, green space is typically calculated on a lot by lot basis. Commercial zoning districts require a minimum of 30% green space for each lot. The proposed development falls short of this standard, providing 18.23% green space overall (Lot 1 = 13.61 Lot 2 = 19.97% and Lot 3 = 21.96%). This is a deviation from typical code standards and as such, is a policy matter to be determined by City officials. The applicant's narrative states that green space was constrained by providing the service drive along the west edge of the property. Again, the service drive has been planned for a number of years, and while the green space standard may be relaxed in a Planned Development, the development's inability to provide green space that is much closer to 30%, if not fully satisfying that standard, suggests the development is more intense than the site can accommodate. Building Height - Building height is measured to the mean roof level of a pitched or hip roof, and to the highest point of a flat or mansard roof. The NB zoning district allows a maximum structure height of 20 feet. The two retail buildings are with a peak building height of 25 feet. Some portions of the buildings are 19.5 feet and others 25 feet. This variation in roof height adds interest to the building and visually breaks up the roof line. While the building height exceeds what is typically allowed, in this location taller buildings with multiple stories have been preferred. The proposed Holiday store is 17 feet in height, with some sections such as the main storefront and the car wash entrance and exit, extending to a height of 21 feet. The gas canopy is 18 feet in height. Like the two retail buildings, the varied roof line provides visual interest. The proposed height is very close to the NB maximum of 20 feet. However, if taller buildings are desired, to be consistent with surrounding development, this proposal does not accomplish that. I~ Planning Report - Manley Commons April 24, 2007 Page 8 Convenience Store Design Section 11.70, Subdivision 18 of the City code sets forth the following standards for convenience stores: A. The minimum required building setback shall relate to any canopy weather protection, pump island or building. The required building setback is 50 feet from Pilot Knob Road and 30 feet from Buffet Way. The proposed canopy is set back only 40 feet from Pilot Knob Road. Therefore, this standard is not met. The applicant's narrative states that the reduced setback is due to the service drive along the west side of the site. This item is discussed in the Setbacks section above. The deviation in setbacks is a policy matter to be determined by City officials, and if determined to be acceptable, can be accommodated within the Planned Development. B. The sale or rent of motor vehicles, trailers, campers, boats, and other items which are not kept entirely within the building shall be prohibited. State as a condition of Planned Development approval. C A minimum 20 feet landscaped yard shall be provided along all abutting public right-of- way lines, except where approved driveways occur. The proposal provides a 20-foot yard along both Buffet Way and Pilot Knob Road. This area is landscaped, with a variety of deciduous and evergreen shrubs and deciduous trees. D. No goods offered for sale on a motor fuel station site shall be stored, sold or displayed outside a building unless permitted otherwise pursuant to this section. Through the Planned Development, outside display can be restricted, or permitted pursuant to standard code provisions. The applicant did not specifically propose outside display. Typical code standards, Section 11.70, Subd. 22, permit outside display up to 60 sq. ft. in commercial zoning districts. The display must be located immediately adjacent to the building, shall not exceed four feet in height, shall not take up required parking or landscape areas, and shall consist solely of products sold or distributed within the building by the occupant thereof. It is a policy matter for City officials to determine whether to restrict outside display, or permit it as allowed by the City Code. E. All recyclables, trash and waste material shall be stored within the building or within a separate enclosure subject to design and cosmetic requirements set forth in this chapter. This standard is satisfied. Holiday proposes an outdoor enclosure on the northwest corner of the building. The applicant should ensure that the enclosure is large enough to contain all trash and recyclable materials. F. The outdoor lighting system shall be approved by the city and shall be so designed to prevent any undue light being directly visible from the public right-of-way or abutting lots, subject to lighting requirements set forth in this chapter. See the Site Lighting section of this report. G. Wherever a motor fuel station abuts an R district, a solid six-foot high screen (not less) shall be erected and maintained along the side and rear property line that abuts the R district. (Not applicable.) In addition to these specific items one more site design consideration is in relation to the fuel tank vent pipes. While proper venting of the fuel tanks must be provided, the vent pipes should be integrated into the site and not set off on the perimeter of the site in a stand-alone fashion. 1~ Planning Report - Manley Commons April 24, 2007 Page 9 Building Architecture/Elevations - The City Code requires that new buildings in commercial districts use at least three Class I materials, and consist of at least 65% Class I materials, and not more than 35% Class II or Class III materials, and not more than 10% Class IV materials. Also, "building facades exceeding 40 feet in width shall be designed with multiple planes, multiple sections of coordinating materials, or both, to add visual interest." Building elevations were submitted for all three buildings. The architecture and materials is similar, but different on the three buildings. The proposed architecture does accomplish the required multiple planes and sections on the facades more than 40 feet in length. Prior to Final Planned Development approval, the developer shall provide calculations from the architect to verify that the required ratios of Class I and Class II materials are satisfied. Gas Station/Convenience Store - The proposed Holiday store utilizes two different types of brick, manufactured stone, EIFS and glass and incorporates both vertical and horizontal elements to visually break up the building facades and provide visual interest. An arched element over the main entrance is mimicked on the car wash entrance and exit, providing a curved element to the otherwise straight lines of the building. Retail - The two retail buildings also utilize brick, cultured stone, glass and EIFS. The specific colors and styles are not noted, but should be the same on all three buildings in this Planned Development. Unlike the Holiday building, the retail buildings include a shingled roof element. A less prominent arch element, along with canvas awnings, are also proposed. The shingled roof projects a residential feel, however this area is not residential, nor does it serve as a transition to residential. Rather, the building design should blend with the professional offices that surround the site. Therefore, a standing seam metal roof material should replace the proposed shingled roof on the two retail buildings. Gas Cano - The Holiday gas canopy utilizes the two colors of brick on the pillars. The canopy pillars should incorporate the stone in addition to the brick, to match the principal structure. The canopy fascia is finished with a white panel, accented with a red and a blue stripe. While this corporate colored raceway (non-illuminated) would typically be permitted by City Code, this area is a professional office area and this new retail development should strive to blend in and compliment surrounding development. Therefore, the canopy fascia should match the building architecture and be finished with EIFS like the upper portions of the principal building. Building Siena - Building signage is proposed within the EIFS panels on the retail buildings. Signage is proposed on all four elevations of both retail buildings. This amount of signage exceeds what is permitted by the City Code. There should be no signage on the west elevation of the larger retail building as that fagade does not face a public street, and no signage on the south and north elevations of the smaller retail building as they also do not face a public street and would exceed the number of building signs permitted by the Sign Code. Also, interior tenants should be allowed only one building sign above the main entrance door; end cap users may have I Planning Report - Manley Commons April 24, 2007 Page 10 two building signs. Signage should be individually mounted letters, no can or cabinet signs shall be allowed. No signage shall be permitted on the awnings. Signage is proposed on the Holiday canopy, but no Holiday sign is shown on the principal building. Only the Car Wash signs (25 sq. ft.) above both the entrance and exit to the car wash are proposed. City Code would permit a total of three signs on up to two elevations of the building; two signs on two elevations are proposed. One additional building sign may be permitted in the future, consistent with Sign Code requirements, with sign placement restricted to a total of two elevations of the building. Holiday proposes individually lit letters and logo on the north and east elevations of the canopy. Canopy signage is limited to the 20% of the facade area. The Final Sign Plans should reflect a reduction in the proposed sign area on the east elevation of the canopy. Free-standing Simon - One pylon sign in a monument style is proposed at the northeast corner of the site. This one free-standing sign will serve all three buildings. While this results in off-site signage, City Code would typically allow one monument sign for each lot. A coordinated site signage plan and consolidation in a single free-standing sign is one of the stated benefits of this Planned Development. Cross-easements should be provided for joint use of the pylon sign. The sign structure consists of brick and stone masonry construction. The design is curved and oriented toward the Buffet Way/Pilot Knob Road intersection. There are a few sections of decorative metal fence with stone support piers extending parallel to Buffet Way and Pilot Knob Road. The monument serves the dual purpose of creating a focal point and sense of arrival into the office park and for business identification. A similar entrance monument was intended for the property north of Buffet Way, but has not been constructed. The developer should work with that property to coordinate the details of the signage to utilize the same masonry materials and fence sections for the monuments. Any modifications to the monument sign to accomplish that consistency should be reflected in the Final Sign Plan with the Final Planned Development application. The pylon sign is 12' in height, (more than the maximum 7' for a monument, and less than the 27' maximum for a pylon), and provides 106 sq. ft. of sign area. According to the Site Plan, the proposed location is outside of easements and meets the minimum 10 setback from property lines. The proposed pylon sign includes a center portion for the Holiday and LED gas pricing sign. This section is a one-sided back-lit sign cabinet, 12' in height. There is currently a moratorium on electronic message signs and this sign will be subject to the ordinance in effect at the time application is made for the sign permit. Retail tenant names are proposed on both sides of the center Holiday sign. These sections drop down to 9'4" in height. The retail tenant names are proposed to be individually illuminated letters mounted on the brick background. Ili Planning Report - Manley Commons April 24, 2007 Page 11 Drive-through Signage - Directional signage does not require a sign permit if it is less than 6 sq. ft. in area. Off-site signage is not permitted. Also, the plans did not include a menu-board for the drive-through on the smaller retail building, and the applicant has indicated this will likely be a coffee shop. Menu board signs do require a sign permit and should be shown on the plans at the time of Final Planned Development. Trash Enclosures - The zoning ordinance typically requires trash enclosures to be provided where trash storage does not occur within the principal building. In commercial developments, such enclosures must be attached to the principal structure and be constructed of materials to match the principal structure with gates or doors having at least 90% opacity. The proposed plans show that trash in will be stored inside the two retail buildings. The Building Elevations show an outdoor trash enclosure attached to the principal building for the Holiday. Both designs satisfy City Code standards. Mechanical Equipment - All ground and roof-mounted mechanical equipment shall be screened in accordance with the provisions of the City's zoning code. Site Lighting Site lighting is proposed to be through wall-mounted and pole-mounted 100 and 250 watt metal halide fixtures. All fixtures appear to be designed such that the source of light is not visible. Proposed pole-mounted heights are 23 feet, wall mounted are 10 feet. The proposed fixtures do not appear to be decorative. As a Planned Development, unique design features and higher standards are expected and the proposed lighting falls short of expectations. The applicant shall provide decorative light fixtures with the Final Site Lighting Plan at the time of Final Planned Development. Lighting levels throughout the site and at the property lines appear to be acceptable. Levels not less then 0.5 footcandles are desired throughout the parking lots, and not more than 1 footcandle at the property lines. An average to minimum ratio of not more than 4:1 should be provided within the parking lots. The average and minimum figures were provided for all areas, and show a minimum level of 0. Thus, we were unable to calculate the ratio for only the parking areas. There are 24 recessed fixtures beneath the gas canopy. The lighting plan anticipates canopy lighting to range from 40.8 to 67 footcandles, with an average of 59. This is relatively high, but not atypical of gas canopies. Staff has some concern that the contrast in lighting between the parking areas and canopy could be problematic. While a well-lit fueling area can be attractive to customers, too much contrast in lighting can make it difficult for customers and employees to see past the well-lit canopy to what is happening beyond. Also, to prevent glare to passing motorists, it is essential that the canopy lights and lenses be fully recessed so that only the illumination is observed and the source of light is not visible. Preliminary Subdivision: Landscaping - The landscape plan appears to be acceptable. Screening is provided between public rights-of-way and the parking lots through a continuous line of evergreen and deciduous 1(09 r t " Planning Report - Manley Commons April 24, 2007 Page 12 shrubs. Screening of the car wash and drive-through locations is provided from the east, however, screening of the drive-through on the south side of the smaller retail building should be enhanced. Parking lot islands are landscaped with both shade trees and shrubs. Foundations plantings are provided around the buildings. Both ornamental and shade trees are also proposed on the north and east sides of the site. Plantings along the west and south sides are primarily shade trees. Since screening is not required from the adjacent properties, and the planting strip is only 5' wide, the west and south sides of the site are planted with shade and ornamental trees. Gradin Too a h - The site has been previously graded and is open and relatively flat. Minor grading will be required to prepare the site for development. Grading is proposed within the right-of-way of Pilot Knob Road (County Road 31). The developer should be responsible for acquiring a permit to work within the right-of-way from Dakota County for any work within Pilot Knob Road right-of-way. 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 Drains e - Storm sewer of sufficient size and capacity was constructed with the Old Country Buffet (OCB) development in 1995, and is available to serve this development. With the OCB development, water quality ponding and a cash dedication were provided that includes treatment for the northerly parcel of the development site. Utilities - Existing sanitary sewer and water main of sufficient size, depth, and capacity are available within Buffet Way and Pilot Knob Road right-of-way to serve this development. Streets/ Access/ Circulation - Public street access is available for the development from Buffet Way. The proposed site plan shows two driveways accesses onto Buffet Way, one in the northwest corner in alignment with Eagan Woods Drive and one on the eastern side of the development approximately 150 feet west of Pilot Knob Road. The easterly access should be limited to right-out only vehicle movements, to reduce potential conflict and backup at the Pilot Knob Road/ Buffet Way intersection that would be caused by left-turns westbound on Buffet Way in such close proximity to the intersection. Left turns into the development from Buffet Way can be accommodated by the westerly access. Existing direct access to Pilot Knob Road from this site should be eliminated in accordance with Dakota County Transportation Department standards. Planning Report - Manley Commons April 24, 2007 Page 13 The developer proposes to extend a private service drive from this intersection to their south property line with the adjacent property, Lot 1, Block 1, McNally Addition (2781 Pilot Knob Road). This service drive is intended to provide street access for the businesses located at 2781 Pilot Knob Road (formerly Collectors Paradise) and 2785 Pilot Knob Road (Central Irrigation). When these properties were platted 1999 and 2003, respectively, Dakota County required that alternative street access be provided in lieu of the current accesses to Pilot Knob Road. These plats provided street right-of-way along their western edges to allow for this street configuration and the removal of the accesses on Pilot Knob Road. Development of this property should provide street access to Buffet Way for the properties to the south, additionally eliminating existing accesses onto Pilot Knob Road. Easements/ Permits/ Right-of-Way - The developer should provide ingress/ egress easement over the proposed service drive along the west edge of the development in favor of McNally Addition and Central Irrigation Addition properties, in a form acceptable to the City Attorney. This easement should contain a provision that the easement cannot be vacated without the consent of the City. This development should dedicate a minimum of 75 feet of right-of-way from the section line within Pilot Knob Road, if not already dedicated with previous platting, as shown on the preliminary plat. Restricted access should also be shown along the entire length of the development adjacent to Pilot Knob Road (County Road 31). 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 CA $0.163/ sf 38,455 sf $ 6,828 Water Lateral C/I $36.00/ ff 106 ff $ 3,816 Water Trunk C/I $2,500/ ac 0.76 ac $ 1,900 Total $12,544 Tree Preservation - A tree inventory submitted with this application indicates the existence of the following 49 significant trees: Species Avg Diameter Dia. Range Count Percent of Total Jack Pine 12 599-24" 18 37% Red oak 7" 695-11" 9 18% 17/ r t Planning Report Manley Commons April 24, 2007 Page 14 Crab Apple 9" 69-20" 8 16% Scotch Pine 8" 799-10" 5 10% The balance of the tree inventory is comprised of boxelder, elm, walnut, cedar, and spruce trees averaging 15" in diameter. The development as proposed will result in the removal of all forty-nine (49) significant trees (100.0 % 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. With a proposed removal greater than the allowable amount, there is required tree mitigation for this proposal. Required tree mitigation calculates to seventy-four (74) category B trees, or an equivalent combination of Category A (37 trees) or Category C (148) trees. The applicant has communicated that they will be submitting a Tree Mitigation Plan that indicates the installation of twenty-five (25) Category A trees on this site, and the balance of twelve (12) Category A trees to be installed off-site (property north of Buffet Way - L1 B1 Corporate Woods). Water Quality/Wetlands - Water quality requirements for the northerly parcel (Outlet C) of this proposed subdivision were addressed previously with Eagan Woods Office Park 2na Addition. No such requirements have been met for the remaining southerly parcel. Because this parcel is relatively small (approximately 0.8 acres), on-site treatment of stormwater for water quality purposes is not reasonable or practical. Therefore, in accordance with City policies and fee schedules, the development is responsible for a cash dedication equal to the cost of the land and pond volume needed to reduce phosphorus export to undeveloped conditions. Parks and Trails - This development shall be subject to a cash parks dedication and cash trails dedication payable at the time of building permit at the rates then in effect. The 2007 rate for parks is $1,737 per 1,000 sq. ft. of building and for trails the 2007 rate is $1,251 per net acre. SUMMARY/CONCLUSION Manley Commercial is proposing a Preliminary Planned Development and Preliminary Subdivision to create three lots for a gas station/convenience store and two retail buildings totaling 12,200 sq. ft. Access is provided from Buffet Way in two locations. A dedicated service drive is provided along the west side of the property that will serve as access to this property and adjacent property to the south in lieu of direct driveway access to Pilot Knob Road. This service drive has been planned for a number of years as properties south of Buffet Way redevelop to provide an alternative to direct driveway access to Pilot Knob Road. Pedestrian connections are provided to the trails along both Pilot Knob Road and Buffet Way, and internally between lots. This location is a gateway location in the northern part of the City. The surrounding area is developed with multi-story office and hotel buildings. As such, this development should strive to 172- Planning Report - Manley Commons April 24, 2007 Page 15 be understated and complimentary to the existing professional uses. Architectural elements, signage, lighting, etc. should be carefully considered in that context. This report evaluated the proposal in comparison to typical NB zoning district standards. As such, it falls short on parking, setbacks, and green space, suggesting that the development may be more intense than the site can accommodate and City policymakers may wish to consider intensity reductions so that standard bulk requirements can be met. The proposed Planned Development does provide consistency in architectural design among the three buildings, a consolidated single entrance monument sign, and the planned service drive for access to this site and adjacent lots to the south. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Planned Development for a gas station and convenience store with car wash, and two retail buildings including one with drive-through service, upon 2.88 acres located at the southwest corner of Pilot Knob Road and Buffet Way in the NE 1/4 of Section 4. If approved, the following conditions should apply: 1. The developer shall execute a Preliminary Planned Development Agreement which includes the following plans: • Site Plan • Building Elevations • Site Lighting Plan Landscaping Plan Signage Plan 2. A Final Planned Development Agreement shall be executed for each building/lot of the development. The following plans are necessary for the Final Planned Development Agreement: • Final Site Plan • Final Building Elevations • Final Site Lighting Plan • Final Landscaping Plan • Final Signage Plan 3. Restaurants should be prohibited except coffee, ice cream and sandwich restaurants should be permitted provided they do not (i) employ the use of cooking exhaust systems that emanate smoke and/or grease or (ii) serve deep fried, grilled, or oven-roasted food items include but not limited to hamburgers, tacos, chicken, or fish. 4. The property shall be subdivided and platted prior to issuance of any building permits. 5. The development should employ sound abatement construction standards necessary for a sound level reduction of 19 dbl to achieve an interior sound level of 50 dbl. I~ r I" Planning Report - Manley Commons April 24, 2007 Page 16 6. Standard NB setbacks shall be met as follows: Front yard = 30 feet from Buffet Way 50 feet from Pilot Knob Rd. Side yard = 10 feet Rear yard = 20 feet 7. The developer shall provide evidence of ingress-egress easements in a form acceptable to the City Attorney. 8. The developer shall provide evidence of cross-parking easements for shared parking in a form acceptable to the City Attorney. 9. Outside storage shall be prohibited. The sale and rental of motor vehicles, trailers, campers, boats, and other items which are not kept entirely within the building shall be prohibited. 10a. Outside display shall be prohibited. OR 10b. Outside display maybe permitted subject to the provisions in the City Code. 11. The fuel tank vent pipes shall be integrated into the site and not set off on the perimeter of the site in a stand-alone fashion. 12. The specific colors and styles of brick, stone and EIFS materials shall be the same on all three buildings in this Planned Development. 13. Prior to Final Planned Development approval, the developer shall provide calculations from the architect to verify that the required ratios of Class I and Class II materials are satisfied. 14. A standing seam metal roof material shall replace the proposed shingled roof on the two retail buildings. 15. The gas canopy pillars shall incorporate the stone in addition to the brick, to match the principal structure. 16. The canopy fascia shall match the principal building architecture and be finished with EIFS like the upper portions of the building. 17. All building signage shall be individually mounted letters; no can or cabinet signs shall be allowed. r t" Planning Report - Manley Commons April 24, 2007 Page 17 18. Consistent with the City Sign Code, signage is prohibited on the west elevation of the larger retail building and on the north and south elevations of the smaller retail building. Interior tenants in the retail buildings may be allowed only one building sign. No signage shall be permitted on the awnings of the two retail buildings. 19. Per City Sign Code, one additional building sign may be permitted on the convenience store, with sign placement restricted to a total of 2 elevations. 20. Menu board signs do require a sign permit and shall be shown on the plans at the time of Final Planned Development. 21. Signage on the gas canopy is limited to 20% of the fagade area. The Final Sign Plans should reflect a reduction in the propose sign area on the east elevation of the canopy. Signage on the gas canopy shall be individual channel letters. 22. The developer shall provide cross-easements for joint use of the one free-standing pylon sign, 23. Only one free-standing sign shall be permitted for this development. Cross easements shall be provided for joint use of the monument sign. The electronic gas pricing sign will be subject to ordinance requirements in effect at the time application is made for the sign permit. Retail tenant names on the free-standing sign shall be individually illuminated letter mounted on the brick background. 24. Any modifications to the entrance sign to accomplish consistency with the property north of Buffet Way shall be reflected in the Final Sign Plan with the Final Planned Development application. 25. The developer shall provide decorative light fixtures with the Final Site Lighting Plan at the time of Final Planned Development. Fixtures shall be the same throughout the development. 26. Trash storage shall be provided inside the two retail buildings. 27. Outside trash storage is permitted for the convenience store inside an enclosure attached to the principal building, consistent with City Code design standards. The developer shall ensure that the enclosure is large enough to accommodate all trash and recyclables materials. 28. The applicant shall provide documentation addressing concerns in the staff report about the variation in light levels specifically with regard to the level of illumination beneath the canopy. r I" . Planning Report - Manley Commons April 24, 2007 Page 18 29. Gas canopy lights and lenses shall be fully recessed so that only the illumination is observed and the source of light is not visible. To recommend approval of a Preliminary Subdivision to create three lots upon 2.88 acres located at the southwest corner of Pilot Knob Road and Buffet Way in the NE '/4 of Section 4. 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, B3, C1, C2, C4, D1, and E1. 2. The property shall be platted. 3. The developer shall be responsible for acquiring a permit to work within the right-of-way from Dakota County for any work within Pilot Knob Road right-of-way, prior to final subdivision approval. 4. 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. 5. 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. 6. The easterly access onto Buffet Way shall be limited to right-out only egress vehicle movements. 7. Existing direct access to Pilot Knob Road from this site shall be eliminated in accordance with Dakota County Transportation Department standards. 8. Development of this property shall provide vehicle access to Buffet Way for the properties to the south. 9. This development shall dedicate a minimum of 75 feet of right-of-way from the section line within Pilot Knob Road, if not already dedicated with previous platting, as shown on the preliminary plat. 10. Restricted access shall be dedicated along the entire length of the development adjacent to Pilot Knob Road (County Road 31). 17C,o Planning Report Manley Commons April 24, 2007 Page 19 11. The developer shall provide ingress/ egress easement over the proposed service drive along the west edge of the development in favor of McNally Addition and Central Irrigation Addition properties, in a form acceptable to the City Attorney. This easement shall contain a provision that the easement cannot be vacated without the consent of the City. 12. The Final Landscape Plan shall show enhanced screening of the drive-through on the south side of the smaller retail building. 13. This proposal shall fulfill tree mitigation requirements through the installation of twenty- five (25) Category A trees on this site, and the balance of twelve (12) Category A trees to be installed off-site (property north side of Buffet way). 14. This proposal shall be subject to a cash dedication in lieu of on-site water quality ponding for the southerly parcel of this development. 15. This proposal shall be subject to a cash parks and trails dedications, payable at the time of building permit at the rates then in effect. 1~7 r t 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. 17n 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 and 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#5 STANDARD.CON r r ' Eagan Boundary N Right-of-way Location Ma Park Area Park Area _ Building Footprint I In I I I I I I ~ MENDO I HT y}~~ INTFF4TGTC XwY. NO. R94 ' ` q Subject Site , 0 r i.FSS H f1 ~M r • 3 IL 7 r r~►.~ r /fir A. ~ t ~ ~ er 1 ~ t r •f~ B a~ p~ ■ L * 1 / x Van 41' P I I'n" ae~ s ' i 'k ' e r f sr r r L M] Arm ! r i 1111C) J 1000 0 1000 2000 Feet Development/Developer. Manley Commons Application: Prelim. Subd- and Prelim. PD Case No.: 04-PD-01-02-07 & 04-PS-03-02-07 Map Prepared using ERSI ArcView 3.1. Parcel base map data provided N by Dakota County Office of GIS and is current as of April 2005. THIS MAP IS INTENDED FOR REFERENCE USE ONLY City of EakaIl 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. r t Current Zoning and Comprehensive Guide Plan Manley Commons Land Use Map Prelim. Subd. & Prelim. PD 04-PD-01-02-07 & 04-PS-03-02-07 Zoning Map IN 6 STa9c xwr. -e. Iet Current Zoning: 7 P ' PD Location , PD PD Planned Development a` P PD PD PD NS R- ® R R-i i P R-1 600 0 600 9200 Feet - Comprehensive Guide Plan Land Use Map n-STAT6nWY. NO.'.. D/S s L Location y 9 IND . O/S BP P Current Land Use Designation: / o/S aP O/S °/S BP BP Office/Service L ® BP D D 71 LD P P D a LD 600 0 600 1200 Feet N Parcel ba00 map Information provid0.by bakota County Land Survey Department Decmbw 2005. lb Zoning Information maintained byCity Staff W THIS MAP IS INTENDED FOR REFERENCE USE ONLY City of Eayn E The City of Eagan and Dakota County do not guarantee the accuracy of this Information. S r t" . + ~ y` e ~ - r ' y~..~F '~•rt - ._-~,~~~-try; .60 f3 ~ Y~, ` ,c~ N x, j + W yly t r ~ vv r ua.~ r k •a -e - llli 75 .r r 4,.itl ~ yu i t -l i . 6 - 8 lnKIMI ms ,.-!1 ,wc I.e w..rr c.w~ 236.-5 YEAS N00'20'00 'W 235,25 PLAT l - ~W& f I EAGAN WOODS x$9a I I DRIVE r M I ' > I Y I . I t D 0 I W ~o S0o'25'03"E ID2.40 I I 1 ' 6" 1 VALLY STREET I s i I IL - - - - - - - - - 3CCL--- CZ ; I I, ,1.1 I I E ' i t I I 1 a= 11 \ r' 6' I.I I N I 1 \ m; ITv11 n I t I ~ o u~ col 1 C I I ~~OT Ij i CU! ; ~O +i~O ~m I 1 <D IP^z *Fm I 'I yi D~ M 0 `We n~ 1 y~ c N g L. -0 z 0 co 1 ImF Aln I I~ f➢iD I Iy J{ 11 4m 1-~. ;1 ~ ~ 1 ~ I ➢ I I I R 1 it li it "~7 - Y T > ) t I I 1_ I D Z L---------- .ry 500'26'2s"E 7891 ° 1E~ in Y So0'26'2- E 16005 PLAT •f•aQ~ ! rn Q S 160.22 MEAS. Z 'D~t ° Z H. N0. -31 ti KNOB N (Pn_cT F;raba AIz ° ,1 - - zO~ xooai']:. NUD'26'24"W 105.18 im CD C.S. A.H. NO. 31 O - (PILOT KNOB ROAD) --I p D Z "O / p Z Cl) m V ) j _ R1 p Q a ;0 :L7 r m C ;Q rri CL pdi el~~a~~{ z 0 co ~1{ vld°ITII IIII I S II 1~ , o-i0~l IIIIIIIIIII ~ Op{{{{Z s uoi is m NZ .,Y..7 - r0 J m U a W N- I O 0000 w ^p9 h iO r III i y->no n C p D r.I = o II`I w v f D S 1 m a = n qin^mx z w 3z zF 9 Z c fs' ° n vnvv m.>$x mpq z-A Ze4idn{~~n ~S~ YP o i ma m N c o z tl o 1 ~i o $D X m z,sorrr~9rmr'~I~r1 In P ZZp n 0 o »oro £ ~x~ r g z N~gsAs c~p° n0 =mot ~g O m N Z Z Z z Z >1 C=7 IS/I a% D wgy a " .m Ef c t° f C P , i E a -i° a ~DaaD n RtR~ g ~ . a uo m ~ Is ' - i ^6 pmr 0mS', n; r-s±. zD a~aaAmm~~ i ,°ro 1C," On cl r K 1<< K➢ a z z O ~y O ~O 0Nmr sc.~~Qi m z z3 "Snm O' Yi1 a A y e r O m V O m Z zy D 4 D ~p Z4 m y N n g L n y Z v Vr O v py z -u Y 5 r-t@l z~z i - r Y$ D Z PRELIM. PLAT 0=~ VF :ATr. MANLEY COMMONS MANLEY COMMERCIAL, INC. I lii9 ~T .K EAG 7712 AN MINNESOTA 2(A0 rA(--1n\TTr DS UR SLIT"IE 2211 \T 55 pRELIMINARr SUBDIVISION PLAN E.\C,1F \N'5 6~1C -»O.~1S1.Q_,-. nNn ow.lw~n~w.fIVI I. N~rvv~.mt.-~.`~~v~ 5514 -/D-/07 I f. s "s ow x G C q: ~7 X36.15 VEAS.' ` NDO Otl7y7 [1 236.25 PLAT Gq~a~ n AN 1-s DRIVE r s+ f: 1 147, S001f+6''03 E 13DYY•.0 :.,pct\_\W II I / T I a m E NLLY STREETv e O q - 1 ^ ~ 'O ~'•l ~ (~~'--.090-~ V Yjy~g,~ I ai _ e ''0= r q y I a l I I Z77 ICLI A ~ " I p y r `g f4 s Ir F EF is[ sl r cg r i'E. C) = 1 > (*I •J. I I p'• ` r ~ ~g~ I I i ~ `III ~F i e$ ` t . 4. O a I u ro IYF $ i~L k mI Fy O ~1 I , I 1,~ I1~ilq?I O I, 3n E 6¢ i I EC z d' I g F, SC 1I1 p T > -2s '24'E 70.91 r A e`- i M.05 PLAT` I 'w' a > iEO.72 MEAS. 27 i~ NOD a »I TMENT OF TRA P RTATI N RIGHT 'OF .NOB (PICOT KNOB ROAD) I-r AT 0. 19_3 ara5.•c-- mm _ N00'263v 106.1e , - -INNE OT EPA `AMEN - r' C.S .H. N0. 31 i'M'ri so / I TRAN 0 -rATIO RIGHT 0 (PILOT KNOB R AD) i I W Y PAT N 19-33 ` 2p4 F _ _ C7..n * r f - - I fTl'k. 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NO nT KNnR - - - m 0C °2ss s ~ ~W~ ~ -m X, IRA r 7,- s 1X1 a m a m Am m M 46 YG Z ~~..N n ~9 nDyi3 ' ~n OmiT Tgg'~ssgxg yXyxCis n~1° O a WM ° n S~XXxB -A 3FS~7nxfi(n^fi F 0 € x ee~.o-° ` n R inn m m s ' 5 e RQ ° pG ^ 4Y Sv 'gam R - _ ee~la.°e o m ?g: N u 4 yA A~~ X2%4 . ft v ~ m 3 s;# + 8:1 n w rye %Q q~ E g Y ~s: 'gee s-: XR~ g€ R o O z z 4T i it! 2't XK Pi Roy p z s's- se- yy~ x c~ pn s6 Z q a p p9 s s9 v.s 4: €X2 3a A r ~F _ ~s F 'S AO, In. 'p Sa a4 m M @@s AQ5 Z o ~z\ r`- Z m :Ni i~ a m ``1F~s i E aj o PRELIM. TREE PRESERVATION PLAN RENy0N5 P<Krte P( rw'P•'.w 'nP r. m r N y~ (•MU+I AAANLEY COMMONS MANLEYCOMMERCIAL,INC. ;`°~<"w I ~K u Y12 EAGAN. MINNESOTA 2(a, 61C .1 u[>( u51JRI 'E.Gunt _m I enwrto P' ~ ni+ E,,GAN m Ss+?+ o.aw o w. ou.- J zooos64 s PROPOSED rslanr++ s/a/a7 TREE PRESERVATION PLAN v°`"`° o.~c uc. wo. •+~ss u,n,ow.r..~. s+u Yl.n.n-~•. u'"` r r° e ~ w r z N WOQ.. EA G RIVE S > o ..'f LLY 5TR T 1 I I ,n/ +s I ' 1 f. 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W`IE 220 I . •-.+n n,ort E•1G.\I.,am 55131 u'ils2007066M PROPOSED v.e w. v 1 'M R51.+x9.i51~ w4 1.fe /pi/07 TREE mm. nON PLAN ~ °`0 o•rc uc ,,I In uw. , n.,. w,,.l i f 1 S ~ I EAG N W00 S i I RIVE i L 611 I °D MCNALLY STREET f - I-- - ---r 'z- I I h ,oroc I I h I I h ° Y [ 1 \ q I ; i i _,o,T I 1 I I ( ~tlw.A. IN I I ~ i l j g~ cn G7 .d o I Il a~ °o~ ~ I i 00 i I ; fn d 03 [ I TI Sie I 1 TI I 'T1 A I O M I n ~m e ; 1 gS C7D I i m_ 1 2 L r [ - - I I 1 fi LL- I I I r I I > 1 I I n bb L--------=Lil > C C.S.A Ho NO [LOT KNOB » (PILOT KNOB ROAD) C.S.A.H. NO. 31 (PILOT KNOB ROAD) i a n n ,n m En g m N oo m O , M.A~m Z ~7 > x a 9 p ~O A n D 000 °'PF n n ?0 n-1 d L 9"-45 ~i r cai~ -Axy c R€ v°g M ~4EIl GB~9 II m z a":°-Pp mQ~c F z ) 5P z uo z n Z } R^ J m ~¢bggp#O A o8Sb Q g g 6 U) q N K' K' n m~ C ~ F ~ 6 I o ~ N ~ F I I tea" v ~ R A T ~~lil N E m R n F _ Ili II Soon a ° ERR R a A V) z E iRr a -1 n R EM, a~^o - > A A. -Nees n r - PRELIM. SITE PLAN MANLEY COMMONS MANLEYCOMMERCIAL,INC. rcrsogs -D .c M' w ^LK 2 E.~ m. MINNESOTA 2MI1 E GAF u'OO S URn'E 5111,E 22f1 I :~.•u:' uw. w N...w. R e.nw 2;;7,0;6,m PRELIMINARY SITE PLAN EACAIa,nm 11:10 1.^kn.k.. NU:.. i~.~, v:^^•i..n°.. ^f.~i:~vr wrt 451.2N9.55" uorto DATC 4G HO 25124 4/0./07 r f . "T.r /1 - Y PP - Z. v EAG N dJ00 S s ejc er RIVE ALLY STREET yl ° IIIII g"g e ¢ - . Il r a ~ ~ R_ F E " a s s ' s (1 1s s ~3es I II s -1 Rr rtiN^R ~ Y6 i 7 1° B R !1 A Rl! ^Rr 4 I 9 0- c: ° R B ,R ~ ` _g }s c I Pagw a m g~® gal I I t R I' Sa'0 i R R r~>_5 L - I > I F r 3o R 1 R 8 A i~ E I°>~~~a NS LI' L-L - - R -1. NO,' - » :NOB (PILOT KNOB ROAD)-'» _ C.S,X. H. 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YINNf50TA 2D01066M 2.11 UC.1IJ\ 11005 DRWE,.1011E±b, R-LK (51-2M 55121 or re.. M. a J E.1CN., W pREUMINARY GRADING• s5l+ /Oi/p7 DRAINAGE, AND EROSION ^ ,r ••,ue xs, xe n, o~n.;,.. ~a..:,n. N~ee~.,ex.. N~«,,, CONTROL PLAN f f ' e 6 o~Nl•-u..nwl an a-r Nc. ' ..m .,rrn c•cw w 1 I °°G N 1N 0 S j " RIVE I sE R c. J LLY STREET r i 11111 I I . I I 'l ^ L L F 444 _ R - y I I~ ~ I M . IF~~ ! E I ~ SJ I rl' yy Fse ~ Is A I ; i GEL-; U. !0~ I; r a~ ill I ~11 R„ I CD taa F W I a m y > I I 1 tt-n 2; , 6 - I fmTT (I R mj3 q I eh I ; I ~a I 8 I x i i pp R °y'4 R s r rD aN °r if 8C I R F f a Q$: i i tE - J I"c t l i 1 uC~ - r I y ¢ t q I I - R Lty L 1 u61 1 y _ - _ j®r ~ m 40B FZUAUT- (PILOT KNOB ROAD) » 31 cl=~ C.S.A,H. NO. 31 i'UH ` a L I L (PILOT KNOB ROAD) o a _ e f to C-) 0 M0 Z ~ TO 1 0 m D H Et""'. F m Z R!' a" R 4 $m gpp fN~~. gn 2fgRy c el S6 0EFL F ni v ~'a~ a tE. i Z R s I-a tlia ` LF.XSS fr~ .h N~ 4€~! 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NO S51S[ N~ +rcl. n•~........ . ~ 1r1 f I' e IRR 6gji„FYRw', 1 .'RoApAg8~ _ s - _ a , ....E.A....N .._W00 S a~ = RIVE O r oa m cn nr ti aI~ Iti LLY STREET 111111 ! z$ va : a 9 uw ~ - ii ;;,ipN,4~1'gP";:, •VhY`~`~,p ~ i A;, ~ i ~ ° >~61 it s ,._...._r. z O m y 01~ -6 Rq . i / I OvO Imo' ✓i'; A - cn a i • -~~9 I I I: rZ Tl S I Tl .~K: M ti-1 ~ I it 1 Z ~m Or.,Z I On = I A'~ Nmz $ is , r Lit .r 1a. ep ac a . - NO , 8 dOB (PILOT KNOB ROAD) C.S.A.H. NO. 31 j F (PILOT KNOB ROAD) 6 I ice: I q, g I o R F N a f - s to 11 n w set Ng~ "IFS a - a Q I QR1 `a'?== - r=p~° nN sRq gap m R N o $ p m a a" V '°~RRRcm f '$P~~ $ g 4 4 i0 xtl Sgl 3 3 eTC e Z B m A e Q R $ g: g s#= $ = m pus AAn IMF A v R> B ' y F~ b m F v ° . bA! ~~IY~~~ z N Ai S ~ i s !t z s sI s rv11°~til Illi II F K ~ a~ ~ ~ J's: ^ ~ Q K O g I ~ ~ zz' r ~ ~Iogi = sw a a 15 a y~ o-,~-I III.. R g P Ro PRELIM. LANDSCAPE PLAN MANLEY COMMERCIAL, INC. gc~soJS 4 MANLEY COMMONS .T 7u 6/12, » w M -11, EACAN, MINNESOTA 26411Ei C.'1NVOO5DR1VE,5L111U22f1 = 2002066M E,\C.\N. \IN 55121 vM w- °I1en PRELIMINARY Is1-zX95iH ./o* LANDSCAPE PLAN /07 I 1 s "aH $ ~qS $ oR.~ b Y _ g$ r 3 $ a °a R o !A cn -75 Cc sz? 4 V.3 --1 19 F5 -1 m otg 10 A wF4 a k s R o'_'" €N 59 wyg Egg s$ xim 'IR AH $9 -0 R F$.. " F$ F $RF y r R 91 ~ F~ Z "Pgg r r os $a 4S" B i ffl ~ Fq Z 11ft ~AU€ aka T $ A Rao s z =g'a F ggp^# R$F o R ~6 $S~aA$ a °€NR R Tn a' ~ ~ 1R~._ F ~ ~~R .R9 ~~R~~q g ~ ~ic ~F " N m" kko ga n g a x ~a8$ g ' o jjj:jj 3 R Eli, " $j g $ °F 2Aa p za8~6~ gak m t de °z K° A R g E A gR R $ w€ AA 24 p m R 4g ~s" R A ~ m N F X g t ggq .21 ° x ¢ N B k Xx ~ ~ N~g 4r j F'° IR gRR € y"ea ks;_ des" R R Pi - ° 79 LA N n: Oo ' m C) D r MANLEY COMMONS MANIEY COMMERCIAL. INC. REN51GN5 wnt¢o a[ 12 EAGAN N~NNESOTA 2M11 F9GAN tCOODri DRIVE•StME T2x I Mr T7 ~iio l'I 20G7Gb6M EAG, N. .5m 551.1 - M.." eue w. ar..• 5 / PRELIMINARY n5l nxos5l+ «o.ro p~h uc. uo, ~ubp raw a..r,.u.n•••, s,o. ia. v:..•.,.... w.•s~.,,~ •/G4/o7 LANDSCAPE DETAILS ~ 1 7 o $g ~ ~ F•p i 8j~ d ~i f@ d ~ ~ ~3~- ~ as S s i v¢j4 ^ \V ~J L S I S 7 eF~ owc-_w ii :1°ars X. - - - - - - - c -It 1" 7 N r r: ef . r _ r s i r ~ ~ G C G r • G r s r ti- c L.._!; ' - - - : - : lp l I " ' - I , Y r ~i i r i I Ij~ e~ r Y 1' ~ 'III i ' I ~ S''C Iy I' ' I -1 7a-'P ll -j N -o- o d f!~ - p` - - - RRR - ` r r ii - ~ r II= 'K El t~ .i i ~ r \r L L Z' - ~ 9S r :q c r F'- I E • I r ~ I ~ j ;I ~'~`^~`~`~~E I m • j1' a I "c C I r LA - ' yr ~ G ~ I rT~ I I r ":•ijEg f - ~ , Y. ~,,.G C Y I r C r ~ C ''j I : i r.. „ I ' I : g r~ r r r T 173 tl(PIE'0T--KNP0B=ROAD) - , r - ! - r f .I I 6 1... i V l NO. L.0T F,NOEi R%. 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I r _ o s •.[Ir+) as ..-M we - - - - - - - - - - - - - EAGAN WOODS II ° I DRIVE II I I , 0 I~ I d iI °o~ i I to ---J ~ I I MCNALLY STREET r-- II o~ti 2a I II I I I - I I a I I 1 ~ 51.6' w 0 A -4 'n 8 -n I O o Tm m I ~ I ~ I m I > !P JJ-- L--- - ° - w~ 0 mx 2 t0 4 x Cl y r .S.A. e NO z OT KNOB RUjkD) (PILOT KNOB ROAD) C.S.A.H. NO. 31 u (PILOT KNOB ROAD) F E m co b n >c6 o om m0 k a i m z D F p r Ill o T. me D ;0 `-0 s - k'iP2> inn 0 n D g m m ts~~~118i$''~R4~ m _ °non CEP k' gg 5 s €Aaf~i~4Ti~~F z b o~> RFt? a4R9X M c o _ $ b q age o I I C I 1 8 ~ ~ oiioI I I11 II F~°n ~ ~ ~ Z g ~ ~oR 1 to w also Iii F FF pn A k e R W ~i =x Ili II = EGA 9 ~ 3 2 m ^y qOq N 2- 'd a c o on - 8~,R a -i' a aQ~ ''p "ff~~ p ~ AN 2S Tn CONFORMING PLAN „g n MANLEY COMMONS MANLEY COMMERCIAL, INC. 1=1. ON•E ~2 MINNESOTA Z. •u~NpuEHi s/e/os ° • ~ ltE.-K '(J . EAGAN. NYw(o • • w.w..r.. r.^Y^...•~ w. 2fA11 CAC.1N \t t)f NS UR11 E, SVI'I E 291 3007066N CpNFGRMING SITE PLAN EAGAN,~M 11121 y O\ , I 411'N~ 111J Anbew M. .rr.Ee• V Iti 19 Si 6/04/0) aJO p41F lIC w0 ]51}6 „ n.,.. 1 1. M At ...H.i P" p I BUFFET WAY ~9 4 s" e I i oti u - of J ; ~ i li I x RETAIL 7. 7.6005F oro $ s ° ! Z ~ i a ' S.SW SF ~ ` LPL. i III k"il R6 E P d z I ~ ~ J~ d ten, ~ ~ i IA 4.6W SF _ i 70 -O 8 R z I' _ z ;aX b ~ sI TWO " u - A din ~l d~ AI NY qq n n - 70 RETAIL X ' 7,600 SF j g - ° dl I a dl AI ~ 1 I - ~ I ~ - - P - - N D y I D - z RETAIL 4,600 SF r d d d 6 ; d EXTERIOR ELEVATIONS/SIGNAGE P I na YI P2 Illsa O^ 9 0C h i m c 0Y x a? ~m -u 0 Z Z CD ~ ~ m i ~ 9 § fA MfiNLEY Commercial, inc. 2640 Eagan Woods Drive, Suite 220 Eagan, MN 55121 Phone 651.289.5263 Fax 651.289.5521 www.manleycommercial.com March 20, 2007 Pamela Dudziak City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 RE: Manley Commons Application Submittal Dear Pamela, Manley Commercial, Inc. (Manley) is pleased to submit to the City of Eagan our application for a Preliminary Planned Development and Preliminary Subdivision for Manley Commons, a mixed-use commercial development to be located at the southwest corner of Pilot Knob Road and Buffet Way in Eagan. This site is presently undeveloped and comprises two parcels. The northerly parcel is legally known as Outlot C Eagan Woods Office Park 2"d Addition, and is zoned as Planned Development (PD). The southerly parcel is now a vacant lot that was rezoned PD with the LaQuinta PD Amendment in 2005. These parcels presently have a Land Use Designation for Office/Service. Manley has recently made application for a Comprehensive Guide Plan Amendment to accommodate for uses more appropriate to a Retail Commercial (RC) designation, which will be on the Advisory Planning Commission's agenda for March 27, 2007. Manley proposes to develop this 2.88 acre site into three pads; a 5,500 SF Class I Gas Station, a 7,600 SF Retail Center, and a 4,600 SF Retail Center. There is a Letter of Intent signed with a user for the gas station site, and interest from a coffee tenant for a bay within the retail component, and therefore Manley Commercial intends to commence construction as soon as approvals have been granted. Our current plan is to develop all three commercial pads simultaneously in one phase. At City Staff's direction, we are applying for a Planned Development rather than standard zoning in an effort to better accommodate the City's desires to create a more precise approval process whereas the City has better control over the allowed uses within the development. The Planned Development we are requesting includes the approval of a drive-thru within the retail center, a gas station/convenience store with car wash, and a combined monument incorporating signage for both retail buildings on the north parcel. This site is within an area of primarily office and service uses. North of this site is a Bank/Office building recently constructed by Manley Commercial that is zoned PD with a Land Use designation of Office/Service. The parcel to the south is a retail use with Neighborhood Business (NB) zoning and Office/Service Land Use. An Office building is located east of the RECEIVE f" / Ij i4 4R k 6 n b E x 61 °~R I u~S - n o ~ R ~r°, I'• Y g~ l i I' I 6 ~ I I I O I ~ I i Ik ~ I O z I ~ F, it I' x •I•I i ~ ~ I I I ~ ' II / i II I I it i' I I ~r i l j J'ar' I E -a i • ~ rL II I I ltr+rf~ fir, I If ~I~ ~ ~ elf I~ I' q i u 6IA°~~ ~ Ig ~ IS S I , { g. •F 9 .ry . i I' I r7 e` i .IP Z F s IssD~~ 1 F `'1~ I I ferT e~ t'a~ 'C= _ J STATIONSTORE o ati Exterior= a = = = y a l ig j6 ' K ? 15 Elevations -11 kbRK Eagan MN o ' J " F Ir I_ it I I I I. I ~ r3 ` 2 c.ae~ l~~ 1 -7 A m; izl I, A II V dR1j' i Y it ~ r - ~ - ~ ~ I! ~ ~ II II ~ IiI ~ ~ iI ~I ii i t ~ ~~k ~ I I I ~t II i 7v I i , ~ ! III i j ~I , I I ! I ; I I iii 4~ A l i ~ i 1 I j a j,, 1e IA I - _ r a to I I I Ili ? ~~I I; i" 'F i LI! Im i ---JIL tpy3i III $ n ,4 , 1 .4 r asp Canopy X $ Elevations & STATIONSTORE sin Eagan, MN g age = /Q ga~>? /7 site, which is also zoned PD and designated as a Business Park (BP) use. West of the site is the corporate headquarters to Buffets, Inc., another Office use, zoned PD and designated for Office/Service. Manley Commons will benefit the City of Eagan in many ways. The site's location on Pilot Knob Road is approximately one-tenth mile south of Interstate 494, one-half mile west of 35E, and is in close proximity to many existing office buildings and an existing hotel. This location is ideal for boutique retail and convenience uses typically found in similar mixed use developments such as gas, coffee, sandwich shop, dry cleaning, and massage/hair salon tenants. This area in the City of Eagan currently is under-served for these types of services, and by allowing the change in land use, the City would be able to supply residents, employees and visitors with a convenient location for their daily needs. Through the consolidation of the two parcels that will be subdivided into three building pads, a potential access point onto Pilot Knob Road will be eliminated and traffic will be controlled through the intersection at Pilot Knob Road and Buffet Way. Also, a substantial benefit to the City of Eagan is the addition of a dedicated street along the west side of the property. This future roadway provides the south leg of the Buffet Way/Eagan Woods Drive intersection, which benefits the City and County in their future roadway plans. These additions to our site plan encourage a development pattern that will have a more positive effect on the nearby transportation facilities. In an effort to incorporate the dedicated roadway into our plan, we are requesting approval for deviations from the City of Eagan's typical code standards. The roadway is located in close proximity to the existing trees, therefore inhibiting tree preservation on this site. The plan allows for 19.4 percent green space, a divergence from the City's requirement for 30 percent. Also, the loss of land due to the road has caused some of the setbacks to be reduced. Our current plan shows the gasoline canopy to be at a 40' setback, and the 4,600 SF Retail building is located at a 45' setback from Pilot Knob Road. These are both slight deviations from the 50' standard. Manley is -requesting the approval of these deviations in consideration for the fact that the City will benefit greatly by having the dedicated roadway incorporated into the site and installed by the developer. As previously indicated during the approval process for the LaQuinta application, no jurisdictional wetlands are located on this property so no wetland impacts will be incurred with this development. The site is flat in terms of grading and site preparation, and therefore typical commercial site preparation and building excavation techniques will be used during the construction of this project in an effort to reduce environmental impacts as much as possible. High quality buildings will create a more aesthetically pleasing destination. The building fagades are composed of various high quality materials including brick, stone and glass intermixed with EIFS, fabric awnings, and prefinished metal. The articulation of these materials in addition to their own color and texture lend themselves towards a dynamic, visually stimulating character that defines a distinctive architectural expression geared towards retail oriented tenants. Landscaping and decorative exterior lighting have been incorporated into the plan which will provide for general illumination and will serve to highlight these features, as well as general illumination. Our plan incorporates one gateway monument, combining tenant signage for the gas station and retail centers, as opposed to each lot requesting individual signage. This is being offered as a benefit to the PD designation approval in an effort to make the development more attractive to the City. 2 l RECEIVEQ rn Manley has strived to design a plan that creates a focal point and sense of arrival to the City of Eagan. As a gateway to the City, Manley will apply a higher standard of architectural detail to the structures and landscaping of the site to create the character of development consistent with the vision and goals of the comprehensive plan for the area. Manley Commercial looks forward to working with the City on this new gateway development for the City of Eagan. Please contact me at 651.289.5514 should you have any questions or need further information. Sincerely, Cindy L. Weber Entitlements Manager Manley Commercial, Inc. DC1 10M Manley Commons Signage., Design Guidelines DESIGN INTENT Signage at Manley Commons is intended to control the size of signs in order to keep them in scale with adjacent buildings and surrounding development. Signage is viewed from short distances whether you are a pedestrian or in a vehicle across the street or perpendicular to the sidewalk. Building signage should not overpower architectural character, but serve to identify tenants. The most important guiding rule for signage desire is to encourage creative graphics. The message should be easily read and direct In addition, there are some other basic rules to achieve a successful sign for a business. Sign Types and Parameters The following types and amounts of signs will be permitted: • Tenant sign area shall be on the building faces above the entrances and as part of the building design. • The maximum height for letters in the sign band area shall not exceed 38" in height. 48" for logos or first letters in height. • The sign areas shall not exceed ten percent (10%) of the area of the storefront. • Signage shall be illuminated individual letters mounted on an opaque background. The use of a colored or frosted Plexiglas face is required. • Reversed halo lighting may be acceptable, but shall be reviewed on an individual basis. • Signs shall not extend more than 8" beyond the face of the surface to which the sign is mounted. • All signs must be illuminated and shall derive light from a concealed source. No exposed lamps, globes, tubes, etc. will be permitted. • Logos will be allowed on Tenant storefronts only when reviewed and approved by Landlord. • Double stacked lettering shall be allowed on an individual basis only and are subject to Landlord approval. Double stacked letters shall be a maximum 24" high individual letters and shall comfortably fit within the Landlord bulkhead as determined by the Landlord's Architect. r 2M • Tag lines shall be allowed on an individual basis only and are subject to Landlord approval. Any allowable tag lines shall be individual illuminated letters (no box signs) and shall not exceed 10" in height. The width of the tag line shall not exceed the width established for the primary signage. • Free standing sign 12' high, approximately 125 SF with masonry base to match architecture and to be approved by developer. • Box signs with raised letters will be considered on an individual basis. • Lettering on all store signs shall be limited to business or trade name of the premises as it appears on the lease. No sign manufacturer's name, union labels, or other lettering shall be visible. Logo signs will be reviewed on an individual basis, but in general, logo signs will not be allowed. • No exterior sign or sign panel will be permitted to extend above any roofline. • Any sign, notice or other graphic or video display, particularly self-illuminated signs, located within the store and which is easily visible from the shopping center must be approved by Landlord. • Manufacturers' labels, underwriters' labels, clips, brackets, or any other form of extraneous advertising attachment or lighting devices shall be fully concealed from public view. • One tenant identification sign per facade is allowed. End cap tenants are allowed a maximum of three (3) signs. • No exposed raceways, crossovers, or conduits will be permitted. • All signage returns shall either match face color of sign or blend with adjacent building color. • Signage is allowed only within boundaries of tenant's space. • All cabinets, conductors, transformers and other equipment shall be concealed from public areas; visible fasteners will not be permitted. • All metal letters shall be fabricated using full-welded construction, with all welds ground smooth so as not to be visible. • Acrycap or trimcap retainers used at the perimeter of sign letter faces shall match in color and finish the face or the sides of the sign. • Threaded rods or anchor bolts shall be used to mount sign letters, which are spaced out from the background panel. Angle clips attached to letter sides will not be permitted. All mounting attachments shall be sleeved and painted. 2 2,DI • Except as provided herein, no advertising placards, banners, pennants, names, insignia, trademarks, or other descriptive materials shall be affixed or maintained upon the glass panes and supports of the storefront windows and doors, within 4' of the storefront without prior written approval of the Landlord and the City of Eagan. • Flush mounted signs or projecting signs shall be located above the storefront display windows or transoms and below any second story windowsills. • Signage shall be within designated sign area and should occupy no more than 65% of the area. • Display areas shall not be obstructed by window signage. Small stenciled letters, addresses, or logos can be appropriate signage in windows, but the painting of large areas of glass is prohibited. • Awnings can display signage (only if in lieu of building signage) with lettering 6- 8 inches in height, logos not exceeding 12" - but must be reviewed and approved by Landlord and the City of Eagan. • Colors and lighting should be encouraged. Individuality of styles and identity of tenant should be encouraged. • Internally illuminated panel signs (box signs) are not allowed. Painted signs can be illuminated through the use of simple exterior lighting. Individually mounted letters are encouraged. • Exposed neon is not allowed. • Any Plexiglas sign faces shall not be clear. • Sign illumination shall be internal and self-contained. • All electric signs and installation methods must meet UL standards and contain a UL label. • At no time will hand-fettered, non-professional signs, or newspaper advertisements be displayed on the storefronts or within the Design Control Area. • Decals or other signing indicating products lines or credit card acceptability shall not be permitted on the storefront glazing other than stores operating hours. • All illuminated signs must be turned on during the Center's normal operating hours. The use of time clocks for sign and show window lighting is required. • Lighting of signs shall be at hours as required by Landlord. 3 • All Tenants will be allowed one temporary construction sign prior to any opening of any shopping center tenants. Coordinate location with Landlord's representative and the City of Eagan. Temporary signage can not exceed 25 SF and requires a permit from the City. • Minimum height of all signage shall not be less than 80% of the maximum allowable letter height without prior written approval. • All signage is subject to the approval of the Landlord's Architect and the local authorities. Signs Not Permitted The following types of signs shall not be permitted: • Signs such as die cut vinyl, gold or silver leaf, or paint. • Boxed pillow or cabinet type. • Formed plastic or injection molded plastic signs. • Banners or pennants. • Signature signage (window sign or sign plate indicating name of shop or good sold) in addition to primary signage. • Cloth, paper, cardboard and similar stickers or decals around or on surfaces on the storefront without prior written approval. • Animated, moving, rotating or flashing. • Noise making. • Additional signage of any kind within 4' of storefront windows. Additional Si4nage Service doors to Tenant spaces throughout the project shall be standard 4", identification only (name and address number) and shall be installed by the Tenant. The Tenant shall not apply any signage or other wording to service doors. • All signage must be shown to scale on the approved storefront elevation. • All additional signage shall be submitted to the Coordinating Architect for approval as specified in Section Two. 4 -M5 .-94 f I Address Signs • Address signs shall not exceed 4 square feet. This area is exclusive of the wall sign area allowed. One address sign per building or tenant bay shall be provided. Number of address signs is not included in the wall sign calculation. 5 1428 South 5th Avenue Anoka, MN 55303 763.784.3400 Office 763.784.6766 Fax ontractors a ital 17316 Kenyon Avenue Suite 102 p Lakeville, MN 55044 Oration 952.898.3400 Office 952.898.3411 Fax www. contractorscapitaL com Maximizing your profits with our integrity May 30, 2007 Pamela Dudziak, City Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Ms. Dudziak: My name is Patricia Filip and I am the president of Contractors Capital Corp. Our company purchased the former Collectors Paradise building located at 2781 Pilot Knob Road in April of this year. It has recently come to our attention there are some discussions currently in progress regarding the availability of access being restricted, revoked or otherwise altered on Pilot Knob Road. Our business as a mortgage lender will reside in a newly converted office building. We are in the process of incurring a significant amount costs to update the building from retail space to office space. It was our understanding the City of Eagan desired to have this space upgraded to first class office space from its previous state. As such, accessibility of our building to the public consumer is of the utmost importance and was the primary motivation for purchase at this location. At no time during the City permit application process nor the review of our floor plan and parking accommodations was this road restriction possibility ever mentioned. I request that Contractors Capital be contacted on all future notifications which, I assume, have been sent to the previous owner rather than our company since the date of purchase. Also, I understand there will be a City Council meeting sometime in June at which the plan proposed by Manley Development for the property adjacent to ours will also discuss the possible road access change. The owner of Contractors Capital, Jerry Tollefson, will attend and present the Council our concerns regarding any changes to the present infrastructure. Please keep us informed of the date and time of any such meetings. Contractors Capital finds it imperative to preserve our front road accessibility. We appreciate your time and assistance in this matter as we seek to establish a viable, productive business in the Eagan marketplace. Sincerely, Patricia Filip D Q D .JUN 0 7n.7 ZQ5 f f AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER JUNE 19, 2009 A. CALL TO ORDER B. ADOPT AGENDA C. APPROVE MINUTES D. OLD BUSINESS 1. RECEIVE Hearing Officer's Findings regarding TMl Coatings Relocation Appeal E. NEW BUSINESS 1. CEDAR GROVE REDEVELOPMENT DISTRICT - Receive Request for Extension of Occupancy Agreements for Grand Slam and LifeSpan F. OTHER BUSINESS G. ADJOURN Agenda Information Memo Eagan Economic Development Authority Meeting June l9, 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 June 5, 2007 EDA meeting as presented or modified. ATTACHMENTS: • Minutes of the June 5, 2007 EDA meeting on pages MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota June 5, 2007 A meeting of the Eagan Economic Development Authority was held on Tuesday, June 5, 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 Bauer. ADOPT AGENDA Commissioner Fields moved, Commissioner Carlson seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 APPROVE MINUTES Commissioner Bakken moved, Commissioner Fields seconded a motion to approve the minutes of the May 15, 2007 meeting as presented. Aye: 5 Nay: 0 OLD BUSINESS There was no old business. NEW BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT SCHEDULE HEARING FOR ACQUISITION OF CORE AREA PROPERTIES BY EMINENT DOMAIN Community Development Director Hohenstein discussed the scheduling of a public hearing to consider the use of eminent domain for the acquisition of properties in the Cedar Grove Core Area as listed in Exhibit A. Commissioner Carlson moved, Commissioner Fields seconded a motion to approve a resolution to schedule a public hearing on July 17, 2007 to consider the use of eminent domain for the acquisition of the properties in the Cedar Grove Core Area that have been designated for redevelopment as listed on the attached page. Aye: 5 Nay: 0 OTHER BUSINESS There was no other business. The Commission recessed into an Executive Session at 8:40 p.m. Commissioner Fields moved, Commissioner Carlson seconded a motion to adjourn the meeting at 9:30 p.m. Date Thomas Hedges, Executive Director ZC~ Exumff A CEDAR GROVE REDEVELOPMENT - CORE AREA Properties Remaining for Acquisition PIN Address 1. 101694102001-3830 Sibley Memorial Hwy (Shell Station) 2. 101690101000 " 3. 101690104001-3880 Sibley Memorial Hwy (Minnesota's Credit Union) 4. 101690103000 " 5. 101690104000 " 6. 101370007001-3925 Sibley Memorial Hwy (Competition Engines) 7. 101370005001-3945 Sibley Memorial Hwy (Mediterranean Cruise Cafe) 8. 101370004001-3955 Sibley Memorial Hwy ( Larson Automotive) 9. 101685003101-3902 Cedarvale Dr (Parranto/Delta Homes/Allstate) 10. 101685006001 " 11. 101685005001 " 12. 101685004001 " 13. 101370002001-3975 Sibley Memorial Hwy (Sherwin Williams) 14. 101685012301-3904 Cedarvale Dr (American Accounts and Advisers) 15. 101682012201-3906 Cedarvale Dr (American Accounts and Advisers) 16. 101370001001-3985 Cedarview Dr (Superior Collision and Paint) 17. 100190001003-3890 Nicols Rd (Custom Hitch-U-Store) 18. 100190001008-3946 Nicols Rd (Rudy's Auto Service) 19. 100190005008-3995 Cedarvale Dr (Sara's Super Laundry Center) 20. 100190003008-3998 Sibley Memorial Hwy (Nulls Power Equipment) 21. 1001900090084015 Cedarvale Dr (Colonial Car Wash) 22. 1001900100084030 Cedarvale Dr (House of Wing) 23. 100190007306-3910 Cedarvale Dr (Haugen CPA) * All addresses are located in Eagan, MN 55122. 00 LAX- CL z w+ ° LL m e. o O _ N ~ ~ W ~ 3 ZS a C _ J Q CD 0) N PQ a E a H U U_ m Q a o 1 16, i •ae C1 d f°- U of ~a z W r° Q-s 4 ° W ' W IY N Z a m ~ S ~ A b a J all J a y z _ W Q 2 9 yOj x f W 2 LU U 7 w F ° w w V O m U Z a v Ol x 'L 1, 1 z \ v 0 'P J ZZj Z, a W U + mJ W J J S . r'f .r J v,, r w S d 3 o CD o 90) rr i gg a s v rc z w PSI S~o61N Z Z # j OZ c w g = U 6 S It o U) Ri p = w w tr a RZ a IL Ir V :3 = oc z w U p~ dat e GO l r r• , Agenda Memo Eagan Economic DevcH►pnn at Authority Meeting June 19, 2007 1. NORTHEAST EAGAN REDEVELOPMENT DISTRICT - RECEIVE HEARING OFFICERS FINDINGS REGARDING TMI COATINGS RELOCATION APPEAL ACTION TO BE CONSIDERED: To receive Hearing Officer's Findings regarding TMI Coatings Relocation Appeal. FACTS: • The City of Eagan acquired property at 2805 Dodd Road in the Northeast Eagan Redevelopment District from. Mazy Imre m March 2004. TMI Coatings was a tenant of that building and the surrounding storage lot. • The City executed an occupancy agreement with TMI to permit the business to remain at the property pending its relocation to a new site. • The City, through its relocation consultant, Wilson Development Services, worked with TMI to review and process the company's claims for relocation expenses. Wilson approved relocation claims totaling $123,850. TMI made claims for an additional $249,467 in expenses, which were not approved. • TMI filed an appeal of the City's determination to not approve the claims and, under the City's Relocation Appeal Policy, the matter was heard by a hearing officer. The policy specifies that the hearing officer is the Inver Grove Heights City Attorney. • Background materials were submitted by the parties and the matter was heard on March 16, 2007. The hearing officer submitted his Findings of Fact, Conclusions of Law and Order on May 29, 2007. The Findings conclude that claims totaling an additional $36,297 are in order to be paid. • Under the City's Policy, the hearing officer's order is final. Either party may appeal the order to district court. • Staff recommends that the document be received at this time. If the EDA and Council wish to discuss the specifics of the Order with the City Attorney, it will be scheduled for an Executive Session at a later date. ATTACHMENTS: • City Attorney's memo and Findings of Fact, Conclusions of Law and Order were distributed previously. Agenda Memo Eagan Economic Development Authority Meeting June 19, 2007 1. CEDAR GROVE REDEVELOPMENT DISTRICT - APPROVE EXTENSION OF GRAND SLAM AND LIFESPAN OCCUPANCY AGREEMENTS ACTION TO BE CONSIDERED: To approve an extension of the occupancy agreements for Grand Slam and Lifespan for their locations at Cedarvale Mall, to approve occupancy until September 30, 2007 and authorize execution of the agreements. FACTS: • As part of the Cedar Grove redevelopment activities, the City acquired the Cedarvale Mall on September 1, 2006. Since that time, the City has actively assisted mall tenants in relocating their businesses. At the present time, all but two of the tenants - Grand Slam and Lifespan have completed their relocation. In December, 2006 and January, 2007, the EDA and City Council approved occupancy agreements to permit the businesses to remain in their locations through June, 2007. The businesses are responsible for rent based on their pre-acquisition rent and their utilities. • Both businesses are planning its move to a new tenant space that is under construction in Burnsville. That space is expected to be available to the business in September, 2007. As a consequence, they are requesting consideration extensions of their occupancy agreement until that time. • The extension will not prevent the City from proceeding with demolition of the mall under the timeframe defined in the City's agreement with the CDA. Staff and the City Attorney have also confirmed with Dakota County that the property may become tax exempt in 2008 even if it is occupied past July 1, 2007. ATTACHMENTS: None Z13 Agenda Information Memo Eagan Economic Development Authority Meeting June 19, 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.