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02/03/2009 - City Council Regular AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING FEBRUARY 3, 2009 6:30 P.M. 1. ROLL CALL AND PLEDGE OF ALLEGIANCE IL ADOPT AGENDA Ill. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) f-A A. APPROVE MINUTES e 1,3 B. PERSONNEL ITEMS 14 C. APPROVE Check Registers P 15 D. APPROVE Tree Maintenance Contractor License Renewal for Precision Landscape and Tree, Inc. !ta E. ACCEPT Donation of $1080 from Cub Foods for the Police Department ?I F. ACCEPT Donation of $1000 from Cub Foods for the Fire Department $ G. RECEIVE Draft Feasibility Report for Project 981, Rah ncliffe Road/ Cliff Lake Road/ /Rahn Road Street Improvements & Schedule Public Hearing for March 3, 2049 F,19 H. RECEIVE Draft Feasibility Report for Project 964, Yankee Doodle Road/ Yankee Drive Street Improvements & Schedule Public Hearing for March 3, 2009 Rab 1, APPROVE Plans and Specifications for Contract 09-01 (2409 City-Wide Street Revitalization Improvements) and Authorize Advertisement for Bids PQ:0 AUTHORIZE Preparation of Plans & Specifications for Contract 09-04 (Fish Lake Alum Dosing Station & Sediment Basin - Water Quality improvements) ~4K. APPROVE Final Payment and Authorize City Maintenance for Contract 08-04 (Citywide Street Overlays) a7 L. APPROVE the 2409-2013 Parks CIP M. APPROVE 2009 Contract with Dakota County for Sentence to Serve Program ~aq N. APPROVE the 2009 Use Agreement for Blue Cross/Blue Shield Fields P 3a O• SCHEDULE a Special City Council Meeting on February 24, 2009 V. PUBLIC HEARINGS VI. OLD BUSINESS VII. NEW BUSINESS A. PRELIMINARY SUBDIVISION - Rusten Norvin Oaks- Esten Rusten -A Preliminary Subdivision of .87 acres to create 2 single family lots located at 4870 Rusten Road on Lot 1, Block 1, Norvin Oaks in the SW %of Section 31. B. COMPREHENSIVE GUIDE PLAN AMENDMENT - MVTA Cedar Grove Park and Ride - A Comprehensive Guide Plan Amendment from MnDOT right-of-way to Special Area (SA) located at Cedar Grove Parkway and Nichols Road on MnIDOT right-of-way in the NE % of Section 19. C. CONDITIONAL USE PERMIT- Peanut's Place - Kate LaBrosse- A Conditional Use Permit to allow a dog daycare and overnight boarding of dogs located at 1904 Shawnee Road on Lot 4, Block 2, Cedar Industrial Park in the SW % of Section 17. P D. ORDINANCE - Noise Attenuation Ordinance - City of Eagan - An Ordinance Amendment to Chapter 11 of the City Code, adopting land use standards and policy boundaries relating to airport noise attenuation for property in the vicinity of the Minneapolis-St. Paul International Airport. VIII. LEGISLATIVE 1 INTERGOVERNMENTAL AFFAIRS UPDATE X. ECONOMIC DEVELOPMENT AUTHORITY 0 1 0 -7 A. CALL TO ORDER B. ADOPT AGENDA C. ORGANIZATIONAL. BUSINESS D. CONSENT AGENDA E. OLD BUSINESS ell) F. NEW BUSINESS 1. PUBLIC HEARING to Consider Minnesota Investment Fund Application for Biothera q 2. EDA Organizational Business G. OTHER BUSINESS H. ADJOURN X. ADMINISTRATIVE AGENDA XI. VISITORS TO BE HEARD (for those persons not on agenda) Xil. CLOSED SESSION XIII. ADJOURNMENT 'T"O'City of Eapn TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JANUARY 30, 2009 SUBJECT: AGENDA INFORMATION FOR FEBRUARY 3, 2009 CITY COUNCIL MEETING ADOPT`AGENDA After approval is given to the February 3, 2009 City Council agenda, the following items are in order for consideration. I Agenda Information Memo February 3, 2009 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 January 20, 2009 regular City Council meeting and the minutes of the January 13, 2009 Special City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the January 5, 2009 regular City Council meeting are enclosed on pages through • Minutes of the January 13, 2009 Special City Council meeting are enclosed on pages through MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota January 20, 2009 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Fields, Tilley, Bakken and Hansen. There were no visitors who wished to be heard. Mayor Maguire presented Mark Hotchkiss with a plaque for his 19 years of service to the City. A regular meeting of the Eagan City Council was held on Tuesday, January 20, 2009 at 6:30 p.m, at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Tilley, Bakken and Hansen. Also present were City Administrator Tom Hedges, Community Development Director John Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, Assistant City Engineer John Gorder, City Attorney Mike Dougherty, and Administrative Secretary 1 Deputy Clerk Mira Pepper. AGENDA City Administrator Hedges announced that a Closed Session would be held regarding the Joey Browner litigation. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye:5 Nay: 0 RECOGNITIONS AND PRESENTATIONS The Oath of Office was administered to Councilmember Meg Tilley who was re-elected for a four year term. CONSENT AGENDA City Administrator Hedges noted an addition to Personnel Items. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the January G, 2009 regular City Council meeting and the minutes of the December 8, 2008 Special City Council meeting as presented or modified. B. Personnel Items. 1. It was recommended to approve the hiring of Julian Reytel, Brenda Lynch, James Cecil, Ron Braun and Ed Nelson as E-TV cablecasters. 2. It was recommended to accept the resignation of Howard Favilla and Tom Steffes. C. It was recommended to ratify check registers dated December 30, 2008 and January 8, 2009 as presented. D. It was recommended to approve a Public Purpose Expenditure Policy. E. It was recommended to approve the City of Eagan Section 115 OPEB Trust Agreement and the OPEB Administrative Account Agreement with PE RA. F. It was recommended to approve a Tree Maintenance Contractor License for St. Croix Tree Service, Inc. G. It was recommended to approve a license for Heather Saman, Eagan Marathon, LLC to sell tobacco products at 200 Cliff Road. H. It was recommended to approve renewal of the Heart Healthy Living Program Agreement for Eagan Community Center. 1. It was recommended to approve the final payment to RJ Ryan Construction, Inc. in the amount of $22,512 for the completion of the Civic Arena West mezzanine. City Council Minutes January 20, 2009 Page 2 J. It was recommended to approve the selection of Twin City Catering, Classic Catering and Kowalski's as the exclusive catering providers for the Eagan Community Center from March 2009 through February 2012 and direct staff to prepare the appropriate contract for the Mayor's signature. K. It was recommended to approve the selection of Holiday Inn of Burnsville as the exclusive beverage provider for the Eagan Community Center from March 2009 through February 2012 and direct staff to prepare the appropriate contract for the Mayor's signature. L, It was recommended to authorize the advertisement for requests for proposals for virtual tour services for several facilities that will be hosted on the City of Eagan's website. M. It was recommended to approve the 2009 July 4th fireworks display contract with RES Specialty Pyrotechnics in the amount of $25,504 and authorize the Mayor and City Clerk to sign all appropriate documents. N. It was recommended to approve Change Order Number 11 for Contract 46-01, TH 149 Reconstruction. 0. It was recommended to approve the 11-City Joint Powers Agreement for Street Maintenance Contractual Services. P. It was recommended to approve the Water Supply and Distribution Plan for the City of Eagan dated July 2008. Q. It was recommended to approve the 2030 Comprehensive Sanitary Sewer Plan Amendment for the City of Eagan dated July 2008. R. It was recommended to approve the Transportation Plan for the City of Eagan dated August 2008. S. It was recommended to approve the On-Sale Liquor and Sunday license for 131 BO Wine Bar and Restaurant located at 1629 Lena Court. T. It was recommended to approve the 2009 renewal of the 3.2 Off-Sale Malt Liquor (Beer) license for Oasis Market #594 located at 1286 Lone Oak Road. U. It was recommended to approve a Grant Amendment on behalf of the Dakota County Drug Task Force to receive funding from the Minnesota Office of Justice Programs. PUBLIC HEARINGS - PROJECT 1000, GRACE DRIVE STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding the Grace Drive street improvements. Public Works Director Colbert gave an overview of the Comprehensive Pavement Management Program. Assistant City Engineer Gorder gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Counciimember Fields moved, Councilmember Hansen seconded a motion to close the public hearing and approve Project 1404, Grace Drive (Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 1002, PINECREST OF EAGAN STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding street improvements for the two cul-de-sac streets of Pinecrest of Eagan. Assistant City Engineer Gorder gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve Project 1002, Pinecrest of Eagan (Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0. City Council Minutes January 20, 2009 Page 3 PROJECT 980, HAMPTON HEIGHTS / STONEY POINT ! BLACKHAWK GLEN STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding street improvements for Hampton Heights, Stoney Point, and Blackhawk Glen. Public Works Director Colbert gave a staff report. Mayor Maguire opened the public hearing. Two residents spoke, questioning how the need for a street improvement is assessed, noting that the street is not in need of repair at this time especially given the economic times and the amount of taxes that Eagan residents already pay. The question of whether other city resources could be tapped for this project was also asked. Public Works Director Colbert discussed the Pavement Management Plan, noting how the need for street improvements are assessed, He also discussed the timing for the improvements and noted that this is a good time to get better bids from contractors. He further noted that 50% of the cost of the project would be paid by the City and 50% by the homeowner if the project proceeds as scheduled, however the City's portion would decrease to 25% should the adjacent property owners opt to postpone the overlay project. There being no further public comment, Mayor Maguire turned discussion back to the Council. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve Project 980, Hampton Heights, Stoney Point, Blackhawk Glen (Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 CITY ORGANIZATIONAL BUSINESS City Administrator Hedges explained that organizational business is considered at the second regular City Council meeting in January. The following items were acted on: ACTING MAYOR Mayor Maguire moved Councilmember Fields seconded a motion to appoint Councilmember Bakken as Acting Mayor, Aye: 4 Nay: 0 Bakken abstained. OFFICIAL LEGAL NEWSPAPER Motion was made by Tilley, seconded by Hansen to approve retention of the ThisWeek Newspaper as the City of Eagan's official legal newspaper. Aye: 5 Nay: 0 City Council Minutes January 20, 2009 Page 4 Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the 2049 Schedule of City Council meetings as presented noting the alternate dates. Aye: 5 Nay; 0 2009 SCHEDULE OF REGULAR CITY COUNCIL MEETINGS JANUARY 6 MAY 5 SEPTEMBER I JANUARY 20 MAY 19 SEPTEMBER 15 FEBRUARY 3 JUNE 2 OCTOBER 6 FEBRUARY 17 JUNE 16 OCTOBER 20 MARCH 3 JULY 7 NOVEMBER 2 Monday MARCH 17 JULY 21 NOVEMBER 17 APRIL 7 AUGUST 3* Monday DECEMBER 1 APRIL 21 AUGUST 18 DECEMBER 15 * August 3 due to National Night Out November 2 due to Election Day There will be a Listening Session at 6:00 p.m. before each regular Council meeting. 2009 SCHEDULE OF SPECIAL CITY COUNCIL MEETINGS AND WORKSHOPS JANUARY 13 MAY 12 SEPTEMBER 8 JANUARY 27 (tentative) MAY 26 (tentative) SEPTEMBER 22 (tentative) FEBRUARY 10 JUNE 9 OCTOBER 13 FEBRUARY 24 (tentative) JUKE 23 (tentative) OCTOBER 27 (tentative) MARCH 10 JULY 14 NOVEMBER 10 MARCH 24 (tentative) JULY 28 (tentative) NOVEMBER 24 (tentative) APRIL 13 *Monday AUGUST 11 DECEMBER 8 APRIL 21 (tentative) AUGUST 25 (tentative) DECEMBER 22 (tentative) ' April 13 due to Passover CITY COUNCIL MEETING PROCEDURES Councilmember Fields moved, Councilmember Bakken seconded a motion to acknowledge Robert's Rules of Order as the means to conduct official business at all Regular City Council meetings, and approve the guidelinelhandout for public participation in Council meetings. City Council Minutes January 20, 2009 Page 5 Councilmember Fields moved, Councilmember Tilley seconded a motion to ratify Council's past practice and policy that during the City Council filing period July - November, during an election year, the Visitors to be Heard segment of the meeting shall occur for a period of time not to exceed ten minutes and will not be televised. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Hansen seconded a motion to ratify the practice that at least two members of the City Council must make the request of the City Administrator to place an item an an upcoming City Council agenda. Aye: 5 Nay: 0 Aye: 5 Nay: 0 COUNCIL STANDING COMMITTEE AND REPRESENTATIVE APPOINTMENTS Councilmember Tilley moved, Councilmember Bakken seconded a motion to ratify the appointed members of Council standing committees, intergovernmental committees and other appointments as listed. Aye:5 Nay: 0 Standing Committees: Finance Committee: Mayor Maguire and Councilmember Bakken Public Works Committee: Councilmember Fields and Councilmember Bakken Personnel Committee: Mayor Maguire and Councilmember Fields Communications Committee - Councilmember Tilley and Councilmember Hansen Advisory Commission Liaisons: Advisory Parks and Recreation Commission: - Councilmember Tilley Advisory Planning Commission Councilmember Hansen Airport Relations Committee - Councilmember Fields Intergovernmental Committee Appointments: Minnesota Valley Transit Authority Board - Councilmember Tilley Municipal Legislative Commission Board - Mayor Maguire (appointed Chair of MLC in 2009) Cedar Corridor Committee Mayor Maguire (City Administrator as alternate) Monthly MayorTManager Breakfasts - Mayor Maguire MSP Noise Oversight Committee - Councilmember Fields (Assistant to Admin. Miller as alternate) Dakota County Communication Board - Counciimember Hansen (Councilmember Fields as alternate) Eagan Convention and Visitors Bureau - Mayor Maguire Other: Testimony at Legislature all as needed AMM Board of Directors - Mayor Maguire Caponi Art Park Board - Parks and Recreation Director Seydell-Johnson Breakfast with Mayor ! Chamber of Commerce - Mayor Maguire Fire Relief Association Board of Trustees Fire Chief, Mayor Maguire, Director of Admin. Services ELECTED OFFICIALS OUT-OF-STATE TRAVEL POLICY Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Elected Officials Out-of-State Travel Policy. Aye: 5 Nay: 0 L City Council Minutes January 20, 2009 Page 6 NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT- CSM EQUITIES, LLC EAGAN PROMENADE City Administrator pledges introduced this item regarding a Planned Development Amendment to permit a multiple tenant use with outside patio dining and on-sale liquor for restaurant use, located at 1270 Promenade Place. City Planner Ridley gave a staff report. John Ferrier, CSM, discussed the parking issues brought up by Panera Bread at the Advisory Planning Commission meeting. He stated that the two properties enjoy a reciprocal parking easement and that the agreement also limits the amount of restaurant space to 7,500 SF. He requested that restriction be placed on square footage rather than limiting the number of restaurants. Councilmembers asked about impervious surface before and after the proposed modification and asked the applicant if there could be more pervious surface added. A Landscape Architect, representing CSM,from Alliant Engineering discussed the impervious surface area, drainage issues and the additional cost of pervious pavers. Councilmembers held a discussion and asked Mr. Ferrier if he would consider the use of pervious pavers for all patio surface areas. Mr. Ferrier was agreeable to that suggestion. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment to permit a multiple tenant use with outside patio dining and on-sale liquor for restaurant use, located at 1 270 Promenade Place, legally described as Lot 5, Block 2, Eagan Promenade, in the SE '/4 of Section 10, 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 within 90 days of approval. Proof of recording shall be provided to the City. The following exhibits are required for the PD Amendment Agreement: Site Plan • Building Elevations/Signage Plan • Landscape Plan 2. A liquor license shall be obtained from the City for each restaurant. On-sale liquor safes also shall comply and be operated in accordance with all relevant sate laws and regulations. 3. Each tenant shall be permitted one sign each on the front (west) and rear (east) elevations. End-, cap tenants shall be permitted one additional sign on the respective north and south side elevations. In addition, the anchor tenant occupying the southern end cap shall be allowed an additional sign on the west elevation. 4. Signage shall be located only within the designated sign areas on the front and side elevations of the building, and within the sign band identified on the rear (east) elevation. Each sign on the east elevation shall have a minimum of 2.5' on each side, creating a minimum spacing of 5 feet between signs. 5. As prescribed by the Promenade PD, all building signs shall be individual channel letters. 6. A sign permit is required prior to installation of any sign, and signage is subject to all other requirements of the City Code. 7. Screening of mechanical units shall comply with the City's mechanical screening ordinance and screening of individual units may be required if necessary to achieve compliance. 8. The accessible parking stalls and ramp should be relocated further north to avoid this conflict. 9. To minimize glare and provide shielding as required by City Code, a flat tens model of light should be used. City Council Minutes January 20, 2009 Page 7 10. The restaurant spaces shall be limited to 7,500 square feet. 11. Permeable paver construction shall be used for any outdoor patio area. LEGISLATIVE J INTERGOVERNMENTAL AFFAIRS UPDATE There were no items to be discussed. ADMINISTRATIVE AGENDA There were no items for the Administrative Agenda. VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 8:40 p.m. Date Administrative Secretary 1 Deputy Clerk MINUTES SPECIAL CITY COUNCIL MEETING TUESDAY, JANUARY 13, 2009 5:30 P.M. EAGAN ROOM EAGAN MUNICIPAL CENTER City Council members present: Mayor Maguire, Councilmembers Bakken, Fields, Hansen and 'Gilley. City staff present: City Administrator Hedges, Assistant to the City Administrator Miller, Director of Administrative Services YanOverbeke, Community Development Director Hohenstein, Fire Chief Scott, Police Chief McDonald, City Engineer Matthys, Parks and Recreation Director Johnson and Communications Director Garrison. 1. ROLL CALL AND AGENDA ADOPTION Mayor Maguire called the meeting to order. City Administrator Hedges requested the Council consider an addition to the agenda to consider a fire safety trailer purchase that is being proposed by the Rotary Club. Additionally, Hedges noted that the Council may wish to consider adding an item to make an appointment to the Dakota Communications Center (DCC) Board of Directors in advance of the January 20 City Council Organizational Business meeting. Mayor Maguire moved; Councilmember Tilley seconded a motion to adopt the agenda with the two additions. Aye: 5, Nay: 0 IA. PROPOSED EAGAN ROTARY PROJECT City Administrator Hedges introduced the item rioting that the Rotary Club has been looking at community projects in which they could assist with funding. The Rotary Club has communicated to the City that they would be interested in funding the replacement of a fire safety trailer for the City. Fire Chief Scott highlighted the proposed project. Chief Scott noted the damage on the current trailer and the need for a new trailer for training purposes. Hedges added that the project is estimated to cost approximately `ii50,000. He noted that the Rotary Club has offered to pay $35,000 in up-front costs for the replacement trailer, and would then reimburse the City $15,000 after one year, resulting in a short term loan by the City to the Rotary Club. Chief Scott noted that the trailer would be received by the summer of 2049. Hedges added that the Rotary has requested that their logo appear on the trailer. The City Council discussed the proposed replacement of the trailer and provided direction to staff to proceed with the project pending formal Rotary approval. The Council also provided direction that they are comfortable with the cooperative funding proposal. ~I I~~ II Special City Council Minutes January 13, 2009 Page 2 III. APPOINTMENT OF CITY MEMBER AND ALTERNATE TO THE DAKOTA COMMUNICATIONS CENTER BOARD OF DIRECTION (DCC) City Administrator Iledges noted that the next DCC Board Meeting is on January 15, 2009, and, thus, if the City wishes to change its representation, appointments could be made at tonight's workshop rather than waiting until the January 20 Organizational Business meeting. Mayor Maguire moved; Councihnember Tilley seconded a motion to nominate and appoint Councilmember Hansen as the City's primary member on the DCC Board and Councilmember Fields as the alternate member to the Board. Aye: 5, Nay: 0 II. MEETING WITH EAGAN'S LEGISLATIVE DELEGATION Mayor Maguire welcomed Representatives Obermueller, Representative Masin and State Senator Carlson to the meeting. The City Council and legislators discussed key issues facing both the City and the legislature this year, with the consensus being that the state's budget deficit will be the primacy issue for the session ahead. Each legislator noted the committees in which they have been appointed for 2009. State Senator Carlson noted he will be serving on the Energy Utility, Technology, and Communications Committee, Transportation Committee Nice Chair), Business Industry and Jobs Committee, and the State and Local Government Oversight Committee. Representative Masin noted she will be serving on the Transportation Finance Committee, Transportation Policy Committee, State Finance Committee, Public Safety Committee, and Telecommunications Committee (Vice Chair). Representative Obermueller noted he will be serving on the Energy Finance Committee, Bio-Science Energy Technology and Work Force Development Committee (Vice Chair), Higher Education Work Force Committee, and the K-12 Education Policy Committee. The City Council dialogued about issues facing the State and the City in 2009. State Senator Carlson noted it would be beneficial to the delegation to learn of "shovel ready" projects from the City in the event that a federal stimulus package is approved. City Administrator Hedges, at the request of the Council, reviewed the 2009 Legislative priorities and positions from the City of Eagan, which included: • A responsible approach to the 2009-2010 state budget deficit, including opposition to any measure that would look to address the state deficit by taking money from cities' fund balances. Additionally, Hedges noted that should the state further reduce LGA or MVHC from cities, then cities should be given the authority to levy back lost aid outside the levy limits that have been imposed by the state. • Secure finding sources to expand and maintain Eagan's transportation infrastiucture ■ Secure funding for the proposed ring-road l~ Special City Council Minutes January 13, 2009 Page 3 ■ Consider modifications for T1F redevelopment districts to offset the effects of the current development economy ■ Support T1F for businesses producing 1T products • Oppose industry efforts to oversee building codes. • Provide additional tools to minimize impacts of foreclosures • Be cognizant of the state's task force on Broadband and current snapping study authorized last session to map Broadband availability state-wide • Be cognizant of concerns the City has with regard to state-wide franchising of cable television The City Council and legislative delegation discussed the use of municipal fund balances as a way to balance the state budget. Senator Carlson, Representative Masin, and Representative Obermueller all voiced their opposition to using City fund balances to address the state deficit. Mayor Maguire thanked the members of the legislative delegation for attending the meeting. Ill. OTHER BUSINESS There was no other business. IV. VISITORS TO BE HEARD There were no visitors to be heard. V. ADJOURNMENT Councilmember Fields moved; Councilmember Tilley seconded a motion to adjourn the meeting at 6:55 p.m. Lye: 5, Nay: 0 Agenda Information Memo February 3, 2009 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Utility Billing/Special Assessments Clerk ACTION TO RE CONSIDERED: To approve the hiring of a person to be named as Utility Billing/Special Assessments Clerk. FACTS: • Interviews were held on January 28 and 29. Should the position be offered and accepted in time for Monday's Administrative Packet distribution, the name will be included under "Personnel Items." Item 2. Part-time Seasonal Building Attendant II/Civic Arena— ACTION TO BE CONSIDERED: To approve the hiring of Nathan Rank as a part-time seasonal Building Attendant II at the Civic Arena. Item 3 Fitness Attendant/Community Center-- ACTION TO BE CONSIDERED: To approve the hiring of Seborn Yancy as a Fitness Attendant at the Community Center. Agenda hrformation Memo February 3, 2009 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated January 15, 2009, January 22, 2009 and January 28, 2009 as presented. ATTACHMENTS: - Check registers dated January 15, 2009, January 8, 2009 and January 28, 2009 are enclosed without page number. Agenda Memo City Council Meeting February 3, 2009 CONSENT AGENDA: D. Tree Maintenance Contractor License Renewal For Precision Landscape and Tree, Inc. ACTION TO BE CONSIDERED: Approve the renewal of a Tree Maintenance Contractor License for Precision Landscape and Tree, Inc. FACTS: • Precision Landscape and Tree, Inc., 50 South Owasso Blvd E., Little Canada has applied to renew their Tree Maintenance Contractor License. • All requirements of the application have been met and the license fee paid. • Staff has reviewed the application and sees no reason to deny. ATTACHMENTS: None. The application is available for review in the Administration Deparixnent. I Consent Agenda Information Menlo February 3, 2009 Eagan City Council Meeting CONSENT AGENDA E. Accept a $1000.00 donation from Cub Foods. ACTION TO BE CONSIDERED: To approve acceptance of a $1000.00 donation from Cub Foods. FACTS: • On November 13, 2008, police personnel attended a Grand Opening event for the newly constructed Cub Foods Store located at 1020 Diffley Road. • During the presentation, store management graciously donated $1000.00 to the police department. • The donation was received by the police department January 9, 2009. • Previous donations to the police department have been used to purchase equipment, provide additional staff training, or support the department's Chaplain and Explorer Programs. • A thank you letter will be sent to store management thanking them for the donation. ATTACHMENTS: NIA 1 Agenda Information Memo February, 3, 2009, Eagan City Council Meeting F. ACCEPT A DONATION OF $1,000 FROM SUPERVALU (DBA: CUB FOODS) FOR THE FIRE DEPARTMENT. ACTION TO BE CONSIDERED: To approve a resolution accepting a $1,000 donation from SUPERVALU Foods ( DBA: Cub Foods East) and approve the related General Fund budget adjustment increasing donation revenue and the Fire Department capital expenditures in the same amount. FACTS: ➢ Cub Foods East donated $1,000 to the Eagan Fire Department at their Grand Opening celebrations. ➢ The Fire Department is proposing using the $1,004 to purchase new EMS first aid bags for five of their frontline rescue vehicles. ➢ A thank you letter will be sent to Cub Foods East. ATTACHMENTS (0): I~ Agenda Information. Memo February 3, 2009 Eagan City Council Meeting G. PROTECT 981, RAHNCLIFF/ CLIFF LAKE ROAD/ RA.IIN ROAD STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 981-, (Rahneliff/ Cliff Lake Road/ Rahn Road - Street Improvements) and schedule a public hearing to be held on March 3, 2009. FACTS: • On June 3, 2008 the City Council directed staff to prepare a feasibility report considering the street rehabilitation of the streets within the Rahncliff/ Cliff Lake Road/ Rahn Road area in southwest Eagan. ■ A structural mill and overlay of these streets is programmed for 2009 in the City of Eagan's 5-Year CIP (2009-2013). • Rehabilitation of the landscaped medians on Cliff Lake Road is also proposed to be considered with the street improvements. • An informational neighborhood meeting, will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for Tuesday, March 3, 2009. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. Agenda Information Memo February 3, 2009 Eagan City Council Meeting H. PROTECT 964, YANKEE DOODLE ROAD/ YANKEE DRIVE STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the I3raft Feasibility Report for Project 964, (Yankee Doodle Road/ Yankee Drive - Street Improvements) and schedule a public hearing to be held on March 3, 2009. FACTS: • On June 3, 2005 the City Council directed staff to prepare a feasibility report considering the street rehabilitation of Yankee Doodle Road (west of Highway 13) and Yankee Drive, in northwest Eagan. 3 I • A structural mill and overlay of these streets is programmed for 2009 in the City of Eagan's 5-Year CIP (2009-2013). • An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed ` improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for Tuesday, March 3, 2009. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. Agenda Information Memo February 3, 2009 Eagan. City Council Meeting 1. CONTRACT 09-01, CITYWIDE STREET LUFROVEMENTS ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract 09-01 . (Citywide Street Improvements), authorize the advertisement for a bid opening to be held at 10:30 a.m. on'rhursday, March 12, 2009. FACTS: ■ Contract 09-01 provides for the street improvements of: o Lone Oak/ Waters Area (City Project 972) o Washington Drive/ 81" Street/ Federal Drive (Project 974) o Hampton Heights/ Stoney Point/ Blackhawk Glen (Project 980) o Opperman Drive (Project 1001) o Blue Gentian Road (Project 1003) and includes the sidewalk along Federal Drive, all as outlined and discussed in the respective feasibility reports for each project. • On December 1, 2008, the City Council held public hearings for Projects 972, 974, 1001 & 1003. After public testimony on regarding the timeliness and special assessments of Project 972 and the land use designation of certain properties on Project 1001, the Council approved the projects and authorized preparation of detailed plans and specifications for the 2009 construction season. ■ On January 20, 2009, the City Council held public hearings for Project 980. After public testimony regarding the timeliness of special assessments, the Council also approved the project and authorized preparation of detailed plans and specifications for 2009 construction. • These projects are being combined under one contract for economies of scale in the competitive bidding process. 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. ■ Minnesota state law allows local agencies to choose a procurement systern, termed Best Value Contracting (BVC) for up to 20% of their annual construction projects, as an alternative to the standard low-bid contracting system. The law was advocated by a coalition of labor organizations and requires two factors to be considered during the BVC procurement process: price and performance, • BVC uses the relationship between performance and price to achieve the best overall value and lowest long-term cost for government construction projects. ■ On March 18, 2008, the City Council adopted, as practice, the Best Value Contracting method for the procurement system of an annual maximum of 20% of the public improvement projects for the City. • The BVC method of procurement was successfully used for the two Citywide Street Improvement contracts in 2008 (Contracts 08-03 & 08-04). ■ The BVC method of procurement will be used for this contract, and will be advertised in the solicitation of these bids. All bids will be evaluated in an open and competitive manner. ATTACHMENTS: ■ Resident Correspondence, pag a) A Russ Matthys From: Lisa Srotzler [thebrotzlers@msn.com] Sent: Wednesday, January 28, 2009 7:32 PM To: Russ Matthys Subject: Project 974, Washington Drivel81st Street/Federal Drive Sidewalk Improvements Russ I am e-mailing you in support of the City's proposed plan to construct a sidewalk along Federal Drive between Violet Lane and Blackhawk Lake Drive. The construction of this sidewalk will provide a neccessary connection from/to the Blackhawk neighborhoods and the commercial area at Yankee Doodle and the Eagan Community Center. With the increasing public communication and demand for additional pedestrian facilities within communities to accomodate healthy and active lifestyles, there is definately a need for this sidewalk connection due to the higher traffic volumes and speeds on Federal Drive as collector street. I will not be able to attend the City Council meeting on February 3 due to a prior engagement but look forward to the successful completion of this important project in 2009! Andy Brotzler 1482 Blackhawk Lake Drive Eagan, MIS 55122 651-454.334O.ma1Ito:thebrotziers~@msri.com t~ Jeanette Johnson From: meggers@mmm.com Sent: Friday, January 30, 2009 12:10 PM To: Engineering Subject: Sidewalk improvement Project 974 City of Eagan While I understand the need for improvement, 1 must question the use of tax dollars that are needed to fix things that are broke as opposed to building sidewalks. This project is in a neighborhood that l live in and drive through every single day, there are not enough people walking along Federal Way to fill a short school bus, how is it justified building and spending so much for so few?? Does anyone in that office drive and notice the number of bumps and potholes in our streets, spend the money there, be smart, spend some money on our schools. Do you really thing there are not going to be more people in Eagan losing there jobs?? How many people right now cant afford stupid spending like this. I understand there is a project scheduled for my neighborhood on Blackhawk Lk Dr, that I'am not at all in support of and is going to cost me money, So I really can put this in perspective, my house value is in the tank, but I need to spend money for a new street so l loose even more when I decide I cant afford to live there any more?? Does any of this make sense to anyone?? Bottom fine message and please pass on to the mayor, city council and anyone else interested. STOP WAISTING MY MONEY, SPEND IT ON WORTHWHILE AND NEEDED PROJECTS Fixing or building sidewalks is NOT a needed project. Thanks Mike Eggers 1439 Blackhawk Lake Drive Eagan, Minnesota 55122 651.210-9641 i Agenda Information Memo February 3, 2009 Eagan City Council Meeting J. CONTRACT 09-04, FISH LAKE WATER QI]_ALITY IMPROVEMENTS ALUM DOSING STATION & SEDIMENT BASIN ^ ACTION TO BE CONSIDERED: Authorize the preparation of detailed final plans and specifications for Contract 09-04 (Fish Lake Alum Dosing Station and Sediment Basin - Water Quality Improvements) that may be let within 2 years after said authorization, and the acquisition of right-of-way and easements through quick-take Eminent Domain, if necessary. ]FACTS: • In 1997, the Minnesota Department of Natural Resources (DNR) issued permits to the City of Eagan to operate an alum injection system on a limited, experimental basis that ended December 31, 2002. • An alum dosing facility to benefit Fish Lake water quality, primarily through phosphorus reduction, was built in 1998 adjacent to the storm water lift station at the outlet to Hurley Lake, Without land or an easement to construct an alum settling basin, the alum/phosphorus flocculent material accumulated in Pond JP-47, a wetland located east of Denmark Avenue that was classified as a Sediment Basin by the City. ■ In three years of operation from 1998 through 2000, large quantities of alum sludge accumulated in Pond JP-47. Since 2000, the City determined not to operate the alum injection system until the sludge accumulation was appropriately mitigated and a long-term operation and maintenance program was established. The DNR later recognized that they do not have jurisdiction to issue permits for alum deposition and the Minnesota Pollution Control Agency has stated that alum deposition in a wetland may be in violation of Minn. Rules 7050. • On November 12, 2002, the City Council directed staff to clean the alum sludge out of Pond JP-47 and build an alum storage basin on the Pat McCarthy property between Hurley Lake and Pond JP-47. • On February 3, 2004, the City Council awarded a bid for Contract 03-05 for the removal and disposal of alum sludge from Pond JP-47 without the creation of a sediment basin. Approximately 2,500 cubic yards of ahem sludge was successfully removed from Pond JP-47 in accordance with State law. • Ownership rights of the Pat McCarthy property have been questioned in the district and appellate courts of law as part of a lawsuit over the past few years, so acquisition of any easements has been delayed. • The legal proceedings regarding the ownership of said property are resolved. The City may now pursue acquisition of the needed easements from Pat McCarthy. ATTACHMENTS: • Site Plan, page. • Profile View, page N. • Proposed Easement Exhibit, pagQ5 . 1 ~ W ~ O 00 00 X11-,1~5''~',,~r~ I~ ~ _ _ ~~~~li ~ ~ , _ IICtI' i I. j of`. ~ J ~ } {tom-~[J i I• - •F/ L~ i `A w 1 LLJ. Jlu qZ qtr li 'V S t fix' J W } l { Y- im srrat~rra co~Rlc~n :rwiu~asieocats:,mar~raisow~aa~~x w u~ J c 2 O Z ❑ old- ;~o C ¢ m N ui CD LL- LLJ r ML x Q ~ CD r-i m x J 0 N ~ z F4 to z UJ c ~-4 m cn ~ z E z N U U) a a~ z U) ¢ ❑ o ❑ L a~ Q L h f it: (n Lu 4 Q d w U F 1 F 1 2 CU - Z~ W L¢LE LU j gQ L~ n ~o Iron 0 Q d 1 r z -rr-c ,cz } a ~ z ° ~ LU CO O 3 g Q } ~ co Lr 390' E2 Zo Lt1 "'u, uj a, u 7) L ~ w z z t9 flQ 1 E a: - LU F- "aa 0 tr] u U3 ol- V) _ ❑ar.~ dQQZ z < Z - - _ % w Lu Lu gam- _ u (D - - a u W Y IIA r iaa w~ sa~s~:T srmzlzzlT sMa•msoao~~ h~u-av»so-~aaoszaosfrl~nn~ln+n_lss~sas~ls~.l~~ Agenda Information Memo February 3, 2009 Eagan City Council Meeting K. CONTRACT 05-04, CITYWIDE STREET OVERLAYS ACTION TO BE CONSIDERED: Approve the final payment for Contract 08-04 (Citywide - Street Overlays) in the amount of $68,512.67 to McNamara Contracting, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 08-04 provided for the bituminous overlay and nniscellaneous utility improvements of- o Cedar Grove 1 & 2 (Project No. 953), o Glory Drive & Cedar Ridge Circle (Project 954), o Cliff Drive (Project 962), o Nicols Road, includes Nancy Circle (Project 963), o Erene Road (Project 965), o federal Drive (Project 966), and o Wescott Road (Project 967). • These improvements have been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. a~ Agenda Memo February 3, 2009 City Council L. Approve the 2009-_2013 Parks and Recreation CIP ACTION TO BE CONSIDERED: To approve the 2009 Parks and Recreation Department CIP for park improvements. FACTS: • The full City Council reviewed and unanimously recommended approval of the 2009 Parks CIP at a workshop on July 22, 2008. The item was inadvertently excluded from subsequent Council agendas and is being brought back for formal action. • The CIP is prepared and managed through consultation with the APrC • Funding for the Parks CIP is from the Park Site Fund which derives revenues from money paid by developers in lieu of a land dedication at the time of platting. ■ Use of the Park Site Fund is limited to capital improvements related to the development or improvement of park sites and associated amenities. • The unaudited 2008 year end balance of the fund is approximately $1,783,000. • 2049 CIP PROJECTS Description/Developments Estimated Cost 1. Northview Park; Athletic Field Lighting Upgrade $210,000 2. City Wide; Phase III Park System Signage 40,000 3. Patrick Eagan Park; Phase III 10,000 A) Interpretative Signage B) Trail Improvements 4. Playground Installations 130,000 (Proposed sites pending spring inspections) A) Quarry Park B) Northview Park C) Wescott Station Park D) Rahn Park S. Small projects 30,000 (Opportunities, necessities, grant or partnership matches) 2009 Total $420,000 Acquisition 1. Annual. Acquisition Opportunities funding set aside ($650,000) (Not currently defined, expenditure only after additional approval) Attachments: None a-7 Agenda Memo February 3, 2009 City Council M. Approve the 2009 Contract with Dakota Coup ty for Sentence to Serve Program ACTION TO BE CONSIDERED Approve the renewal of a one year contract with Dakota County for the provision of Sentence to Service work crews and authorize the Mayor and City Clerk to execute the appropriate documents FACTS : The County will provide a work crew consisting of up to 10 non-risk criminal offenders, who have been assigned community service, and a supervisor, for a minimum of 36 work days. • The City has utilized the services of the County Sentence to Service Program for approximately 18 years. The County provides supervision, transportation and insurance for all members of the crew and assures all liabilities. The City will utilize the crew to complete labor intensive tasks requiring unskilled laborers including park, pond and bridge cleaning, trash removal, painting outdoor rinks, brush removal and routine landscape maintenance. The total 2009 cost of $15,313 ($125 per crew day) due the County for the provision of services is included in the approved 2009 Parks Division operating budget. The cost and crew days have been reduced from the 2008 contract levels that provided for 50 crew days at a cost of $21,268. The cost per day remains unchanged. ATTACHMENTS None O~~ Agenda Memo February 3, 2009 City Council N. 2009 Use Agreement for Blue Cross Blue Shield ACTION TO BE CONSIDERED: Approve the 2009 Use Agreement and authorize the Mayor and City Clerk to sign the agreement with Blue Cross/Blue Shield (BOBS) that allows use of BCBS property for community soccer games and related activities. FACTS: ■ 'lie City, EAA and BOBS have a long history of working together to provide field space for youth soccer games on the grounds of the BCBS main campus and River Office complex. With the popularity of youth soccer, the spaces are critical elements of the overall field plan • The City provides turf maintenance at the sites during the soccer season including, lining, mowing, fertilizing and seeding. Said costs are included in the Parks operational budget. • The City Attorney and Insurance Agent have reviewed and approved the document. ■ Both the City and EAA have provided certificates of insurance in prior years as requested in the agreement and are able to do the same for 2009. ■ EAA will also be signing the document. ATTACHMENTS: Copy of Use Agreement as page Land Use Agreement This Land Use Agreement (the "Agreement"), effective as of the date of last signature, is entered into by and between BCBSM, INC., dba Blue Cross and Blue Shield of Minnesota, a Minnesota nonprofit health service plan corporation (hereafter "Blue Cross"), the City of Eagan, Minnesota ("City") and the Eagan Athletic Association, a Minnesota non-profit corporation ("Association"), all collectively referred to as "the Parties". WHEREAS, City and Association desire limited temporary use rights for certain land owned by Blue Cross within the City of Eagan, Minnesota, on which the Association will sponsor soccer games, practices and related activities, and the City will set up, mow and otherwise maintain soccer fields for said purposes; and WHEREAS, Blue Cross wishes to support said activities of City and Association. The Parties agree to the following: 1. Blue Cross grants to City and Association temporary use rights, for the limited purpose of those activities listed above, to the land located at the north end of the Blue Cross property at 3535 Blue Cross Road, and also at the Southeast end of the Blue Cross property at 3400 Yankee Drive (together, "Property"). 2. To the fullest extent permitted by law, City and Association shall indemnify, defend and hold harmless Blue Cross, its subsidiaries and affiliates, its trustees, officers, and employees from and against all claims, demands, suits, actions, losses, damages, injuries, liabilities, expenses, judgments, liens, encumbrances, orders, fines, penalties and awards, including, without limitation, bodily injury to or death of any person or damage to real property and/or tangible or intangible personal property, reasonable attorneys fees, expert witness fees and court costs, (all of which are collectively referred to as "Claims") arising out of the maintenance or use of the Property. 3. City and Association each shall, at their own expense, maintain a policy of Commercial General Liability Insurance (including contractual liability to cover the indemnify provisions set forth in this Agreement) with limits of not less than $1,000,000 each occurrence and medical expense coverage of not less than $1,000 per person. This coverage shall contain a provision whereby the insurer agrees to provide Blue Cross thirty (30) days written notice before cancellation or alteration. This insurance coverage shall name Blue Cross as an additional named insured. Proof of such insurance shall be provided to Blue Cross prior to exercise of the use rights granted to City and/or Association. 4. Notwithstanding anything herein to the contrary, City's liability under this Agreement shall be subject to statutory and other limits on municipal liability under Minnesota law, and nothing in this Agreement shall be construed to alter or waive such limits. 5. The term of this Agreement shall be from April 1, 2009 through and including November 30, 2009. II Page 1 of 2 so I The Parties, through their respective authorized representatives, have read and fully understand the terms of this Agreement, and agree to be hound by it. City of Eagan City of Eagan By: By: Name: Name: Title: Title: Date: Date: Eagan Athletic Association BCBSM, INC.: By: By: Name: Name: Title: Title: Date: Date: N:Tand Use Agreement (Eagan soccer Celds).doc Page 2 of 2 Agenda Information Memo February 3, 2009 City Council Meeting 0. SCHEDULE A SPECIAL CITY COUNCIL MEETING ON FEBRUARY 24, 2009 ACTION TO BE CONSIDERED: To schedule a Special City Council Workshop on Tuesday, February 24, 2009 FACTS: + Per the request of the City Council, a Special City Council meeting is proposed for February 24, 2009 for the purpose of meeting with the department directors in a retreat setting to discuss implementation of the City's 2009-2010 goals. ATTACHMENTS: None Agenda Information Memo February 3, 2009, Eagan City Council Meeting VII. NEW BUSINESS A. PRELIMINARY SUBDIVISION (ESTEN NORVIN OAKS) ESTEN RUSTEN ACTION TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Preliminary Subdivision of .87 acres to ercate two single family lots for property located at 4870 Rusten Road in the SEE/h of Section 31, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The applicant is requesting approval of a subdivision to create two single family lots. ➢ The proposed lots meet the subdivision and R-1 zoning district requirements. ➢ The development density is 3.3 units per acre. ➢ A single family home is present on the northern portion of the site and will remain after subdivision. ➢ The driveway access for the new lot is from Rusten Road. The existing lot also access Rusten. Road and is proposed to remain the same. ➢ City Code requires construction of a garage for the existing single family home. The garage must be constructed prior to release of the mylars for recording of the Final Subdivision. ➢ City Code requires a wetland delineation for the wetland on the northeast portion of the property. The delineation must occur prior to application submittal for Final Subdivision. ➢ The Advisory Planning Commission held a Public Hearing on January 27, 2009 and is recommending approval. ISSUES: ➢ None. 120 DAY AGENCY ACTION DEADLINE: April 16, 2009 ATTACHMENTS (3)• J,ocation reap on page. Draft January 27, 2009 APC minute on pages L5 ti,~ Staff report on pagethrough . Eagan £toundnry Rlc$Jht•atway Location Map ParkAreaa Park rcn t€ulld€n0 Footprint u ® ;L7 Czl it CLIFF ROAD Uri L! 4t ti a v y 1 q Subject Site a 4 n p e ra n ~ afl Oda ° ,~y: ~ rr ~ , Bill ~ ~ ¢ c Q q ~ e ~ 4 ~ a a d ` ~qav~ d ~ ~ 9 Q c~ ra t~ ¢ o ° ~ ~4 [S D a o Fa ' p p d' Q~FS op Vif 5000 0 Iwo 2046 Feet Development/Developer. Rusten Norviln Oaks Application: Prelminary Subdivision Case No.; 31-PS-05-12-08 lii n Q q ~ of Sop THIS MAP IS €NUNUO FOR REFERENCE USE ONLY W F The City of Eagan and Dakota County do not guarantee the accuracy of this Information and Pro ►►►~~~115SSSJJJ~~~ Cv1lfRiunEly pareEoprnent flcynr[meai riot ro sp ons1bto for errors or ami 6&Eone. Advisory Planning Commission January 27, 2009 Page 2 of 8 IV. PUBLIC HEARINGS A. Rusten Norvin Oaks Applicant Name: Rusten Esten Location: 4870 Rusten Road; Lot 1, Block 1, Norvin Oaks Application: Preliminary Subdivision A Preliminary Subdivision of .87 acres to create 2 single family lots. File Number: 31-PS-05-12-08 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated January 22, 2009. She noted the background and history. Vice Chair Chavez opened the public hearing. There being no public comment, Vice Chair Chavez closed the public hearing and turned the discussion back to the Commission. Applicant Esten Rusten discussed his family's history with the property and stated the intent to subdivide the property and to build an upscale home. Member Dugan stated the applicant is a neighbor of his and has not approached him regarding this matter; therefore he will not abstain from voting on the motion. Member Keeley moved, Member Heaney seconded a motion to recommend approval of a Preliminary Subdivision (Rusten Norvin Oaks) to create two single family lots, on property located at 4870 Rusten Road legally described as Lot 1, Block 1, Norvin Oaks, located in the SE 1/4 of Section 31, subject to the following conditions: The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1, B4 and E1. 1. The property shall be platted. 2. A garage shall be constructed on Lot 1 to meet City Code requirements prior to release of the mylars for recording of the Final Subdivision. 3. This development shall be responsible for a cash park and trails dedication based on the rates in effect at the time of Final Subdivision. 4, An individual lot tree preservation plan shall be submitted at the time of building permit application for Lot 2, Block 1. 5. A cash dedication in lieu of on-site water quality ponding shall be required for this development, consistent with City policies and City Code §4.33. 6. Prior to application for final subdivision, the applicant shall have the wetland delineated and assessed by a Certified Wetland Delineator, according to City Code §11.67. A vote was taken. All voted in favor. Motion carried: 6-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: January 22, 2009 CASE: 31-PS-05-12-0$ APPLICANT: Eston Rusten HEARING DATE: January 27, 2009 PROPERTY OWNER: Estee Rusten- APPLICATION DATE: December 17, 2008 REQUEST: Preliminary Subdivision PREPARED BY: Sarah Thomas LOCATION: 4870 Rusten Road COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R--1, Single Family Residential SUMMARY OF REQUEST The applicant is requesting approval of a Preliminary Subdivision to create two lots upon .87 acres located at 4870 Rusten Road legally describer) as Lot 1, Block 1, Norvin Oaks, located in the SE €/4 of Section 31. AUTHORITY FOR REVIEW Subdivision: City Code Section 1120 Subd. G states that "Irz the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B, That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council_ C. That the physical characteristics of the site including, but not limited to, topography, vegetation., susceptibility to erosion. and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. 'BID Planning Report - Rusten Norvin Oak's Janimy 27, 2009 Page ? E. That the design of the subdivision or tho proposed irnproverrient is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is trot likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with casements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely maxmer so as not to cause an economic burden upon the City for, maintenance, repayment of bonds, or siiuiIar burden. L 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). 1. 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 fled with the office of the City Cleric hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references avid 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 fatty as if set forth herein at length. It shall be the responsibility of the City Cleric to maintain the Water Quality Management flan and make the same available to the public." BACKGROUND/HISTORY The Norvin Oaks property was platted in 1982_ Tire exisfing ]ionic was constructed in 1983. EXISTING CONDITIONS The subject site is one platted parcel and contains a single family home and a stied. Tile shed is located approximately 10 feet from the side property line to the north.. There is no existing garage on Lot 1_ Construction of a garage, to meet. City Corte requirements, must be constructed prior to release of the mylars for recording of the Final Subdivision. A wetland is tocated oil the northeast portion of the property. Access to the existing and proposed lot is provided via Rusten Road. SUIMOUNDING USES Surrounding properties to the north, south and west are zoned R--1, Single Family, and guided LD, Low Density Residential. The property to the south/east is right-of-way, I--35E and Hwy 77. S-7 Planning Report Rusten Norvin Oaks January 27, 2009 Page 3 E, VALUATION OF R1„vEST Corn atibilit with Surrounding Area The subject site is surrounded with residential uses to the north, south and west, 1-35E and Hwy 77 are adjacent to the southeast. An additional single family hone appears compatible with the surrounding area.. Densi - The subject site is guided Low Density Residential 0--4 units/acre. The proposed subdivision will result in a density of 3.3 units per acre. The proposed density complies with the Guide Plan, Lots - Proposed Lot 1 is 19,051 sq.. ft and proposed Lot 2 is 15,982 sq. ft..; however, no more than 10 percent of the pond (or other unbuildable) area can be used to determine the minimum required lot area as required by City Code. Therefore, the net affect is proposed Lot 1 is 12,686 sq. ft and proposed Lot 2 is 13,746 sq.. It_ The existing single family home will remain on Lot 1 with the subdivision. R-1 single family residential zoning district requires 12,000 square feet per lot and at least 95 feet lot width. The proposed lots meet these lot requirements. Setbacks Standard R-1 setbacks apply to this subdivision. The principal structure shall be 30 feet from any public tight-of-way, 10 feet from the side property line and 15 feet from the rear property line- Any accessory structure shall maintain a five foot setback to the side and rear and a 30 foot setback to any public right-of=way.. The subdivision appears to create lots that can accommodate the necessary setbacks. Grading/ Tapograa b - The site generally slopes to the east toward the existing wetland. The area for the existing house on proposed Lot 1 was graded at time of that building permit. The remaining portion of the development (Lot 2) is ungraded and wooded. Storm Drainage No storm sewer modifications or improveanerits will be necessary to accommodate the proposed development. Utilities - The existing house on Lot 1 (4870 Rusten Road) is connected to City utility services. Sanitary sewer and water service is available to the proposed house on Lot 2 from existing sewer and water mains in Rusten Road. Streets/ Access/ Circulation/ Easements - Public street access for- the existing house on Lot 1 is front Rusten Road to the west and will remain unchanged with this development. Public street access for Lot 2 is also available to Rusten Road.. Financial Obligation - There are no balances of special assessments an the parcels proposed for platting. At this time, there are no pending assessments on the parcel proposed for platting. This development should accept its additional financial obligations as defined below in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. 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- The final charges will Planning Report Ruston Norvin Oaks January 27, 2009 Page 4 be computed rasing 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 RI $1,275/ lot 1 new lot $1,275 Water Trunk Rl $1,3251 lot 1 new lot $1,325 Total $2,600 Parks and Recreation This development shall be responsible for a cash park dedication and a cash trail dedication for the newly created lot based on the rates in effect at the time of Final Subdivision. Tree Preservation - An individual lot tree preservation plan shall be submitted at the time of Building Permit application for Lot 2, Block 1. Wetland Requirements - The proposed subdivision is subject to City Code §11.57 Wetlands Protection and Management Regulations because there is a wetland on site. The City has not assigned a managernent classification to the wetland as neither its boundary has been delineated nor has its ecological condition been assessed- Consequently, City Wetland Buffer and Wetland Setback requirements are currently m)k.nown. According to §11..67, Subd. 4. B. the app] icant is required to have the wetland delineated and assessed by a Certified Wetland Delineator prior to application submittal for Final Subdivision. Water- Quality Similar to other residential developments and regardless of size, this subdivision ultimately will generate additional sto171-iwater runoff within the City via creation of additional impervious surfaces. Thus, this proposed development is subject to policies of Eagan's Water Quality and Welland Management Plan to pi.otect surface water resources from impacts of land development and must comply with City Code §433 Post Construction Requirements. To reasonably and practically meet these policies and regulations, the developer is required to pay a water quality dedication fee. Consistent with the current City Tee Schedule, this fee is a calculated cast of the stonnwater treatment pond that would be needed for- this subdivision. I SUMMARY/CONCLUSION The subject site is currently developed with a single family home. The applicant is requesting to subdivide the site into two single family lots. As proposed, the lots will comply with R-1 standards and is consistent with low density residential. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision (Rusten Norvin. Oaks) to create two single family lots, on property located at 4870 Rusten Road legally described as Lot I; Block 1, Norvin Oaks, located in the SE 1/4 of Section 31; subject to the following conditions: Planning Report Rusten Narvin Oaks January 27, 2009 Page 5 _ The developer shall comply with these standards conditions of plat approval as adopted by Council on February 1993: Al, B1, B4 and El _ 1. The property shall be platted. 2. A garage shall be constructed on Lot 1 to meet City Code requirements prior to release of the rnylars for recording of the Final Subdivision- I This development shall be responsible for a cash park and trails dedication based on the rates In effect at the time of Final Subdivision- 4.. An individual lot tree preservation plan shall be submitted at the time of building permit application for Lot 2, Block 1. 5. A cash dedication in lieu of on-site water quality poziding. shall be required for this development, consistent with City policies and City Code §433. 6. Prior to application for final subdivision, the applicant shall have the wrtland delineated and assessed by a Certified Wetland Delineator, according to City Code § 11.67 TTY STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligation 1. This development shall accept its additional financial obligations as defined in the staff s report in accordance with the "final plat dimensions and the rates in effect at the time of final plat approval B. Easements and Rights-of-Way 1. This development shall dedicate 1€ 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. 4l 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 adapted 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 cut--de-sac constructed in accordance with City engineering standards. 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project mast 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 I. 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 I. 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. dther 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, 1983 LTS#S STANDARD.CON Eagan Boundary _ Right-of-way Location Map H Parcel Brea Park Area Building Fautprint ~ n [3 - kl y. d a - - -4 V, CLIFF ROAD - ` C7 [ ate] C' C3 L3 R /.y -4 MOP 'S ~ cy g ~ a ~ ,y p ~ t7 Lam' R ::f ~ C~ ~ ~ O # a O R ~ a _ a ft n 4 O C7 6 R i I ~ A A ~ c 4 ~ d [1 ° P ~ E7 i - ~ p ~ Subject Site 3 e ~ ~ n a gin Ci ~y i • _ ~ ~ p d € ` , a o a d - T1 i7 Q D 13 ~1 - a q l ~ 0 s r 9p46 0 9646 2000 Feat Development/Developer. Rusten Nervin Oaks ,Application: Prelminaxy Subdivision Case No.: 31-PS-05-12-08 *City o Flop jj THIS MAP 3E; 1NTENpEN FOR REFERENCE USE ONLY Wy r I. The City of Ea gan and Dakota Coupty do not guarantor 11tc accuracy of this information and aro 5 Cnmlpgnlly 1MV41opman[ ifapastm ant pot ra spun sib le for errors ar aml ssions. Current Zoning and Comprehensive Guide Plan Rusten Norvin Oaks Land Use Map Preliminary Subdivision 31»PS-05-12-08 Zoning Map ~Ed% 6 p X44 ra pQ o ~ a ~ Q ~ fl ~ II ~ 6 ~ p L ~ 3 F ~ LS a C7 ° C ~ ❑ q Current Zoning. o a d, p ,a o a n ~ ❑ rs Q G ...o,.a Location Q d { ~ 8 'y4 Single Family Residential ° Q 0, y ~ ~ =4Q uC ~4 ~ oil rf 4 Q p 4 94 [k D [ D I x ~ b C> p 9 4 S b G9G 0 Od0 fIQQ r~nl n , Comprehensive Guide Plan IL . Land Use Map ~ d Q tr° ~ a ! ca p ~ ° " t ~4d O A ~ p~ ~ u~ 7 O a ~ n' p o a U i 5. ° - ❑ q ~ S4 u Y~ ~ r ~ f { p tl tl t7 ❑ u p~ . U L7 b p 3 ry ~ P ¢ ra p C v u si ~ ~ y7pp n❑ ~ ~ ~Q7~ ~ a ~ ~ it qq Current Land Use Designation: Location 4 Low Density Residential ~'o ti f4y`~i O fJ L3 ~ d ~ Ca L} ~n r 4 ls6Q 0 i80 ;2a4 fie[ ~ LS y , F ¢ !'nfCO; Msn map Ipterrrtat3en pf vY ,r.d by Dskafa C-ty Land Surrey DcpaHmeM 1)-.4- 240 5. ~ in gp Pq qp Zrtaing latofmnft InWpart By Clty 5T fF. City of Llfp THIS MAP 19 INTEN[]E13 FOR HEFERENGE USE ONLY 1[° E The City of Eagan and Dakota 0 aunty do not quaraMec the acckiracy of thIF InformatIon 5 W r~r'''.. r 'J~ 'r~ - S= ~i'2 Zz L~ sir[ ~ }.~r ~ "f • _ l `y} S C yz"-~ y a'~ a ~4x~ rst a -~:w>~,.5~ •a ~ra~ 3 ,u1 ~y ~ ry-'x Y t~ - 1 ~ ~ 1'44 ~ 1 "-R _ L' ~2~F2 r } n'i _ _ ' s 2 1 "Z'.. L t `EST ~ ~ ~ ~.Z-"~` f ~ ~3~`+~S[~z y~{ ~ ~ { ~~r~ J ~~~Y✓~ t` - i-Y,r J ~ ~ _ r a ~ F trT ~ ~ ~ •e'-3 r s ' t'rf } 7cY..` a Y-~''~~ ~v.1 i ~Ir 3 7 r.~ ~.c z~ frs 3~ r3:'` ex arc 4 it- j ..r 4 `i.. 4y .4 '!L„3"+i. F f3 i.e ~1 4 7 1-L2- 2 t S : 13=' TY~.S~~F ~t 1 r+iaar.`S~'F"rFt. 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FJis i '~J r ' r~'i-' nz ~'t r { a n e u - w J ;t! l'i{~31TS~±lit 200H, I'ir€iis~ •3F Eritcrr~.il;s»t.~l f'i~r~i AER L f E ! 1•~1~~ 7 i 1 • s ~ ! 4i3 qC ~y ' S i ~i Z q ff4= 0 w L5 ❑ 45 k~ ON~t] f:• 1 1 it M14 a~ ~ N~ li 1 777 DVi ~N yj O~~ I j i -13 ^fF=`gZ- u U Kn4 k ~ ~f~n x f 4zIx k ; N w - ~ of a ~ i a - - - - - - - - - - i H1❑!M ,.Q Of GVD2V N315nY - - - - - - - - - - - - - - - - EXISTING CONDITIONS 1 \ ti \ ~ r-a X31 ti _ ~ C IT, ♦ 1 k a 1 S]= ~w qh ~ 1 Cry ~ i - CL e W a L5 4 1[ Oop 1 ' CN i I i i i ~ tl 1 ~ ~y f 11 f ~ oQ ~ ~ v ~ 11 ;z5 ~ Q 1 a 4 .iZt3 ~ t ~ S ! •1 i Zi (pl 76'Er11 l 1 - i i v ^s 'i 1 5 1 ! ! 1 ` rvGSS re urr { V. A4 Q 8 1-4 01 ❑ vDcv lV3~ SON L PRELIMINARY PLAT 5 r: . I \ _ \ \ - \ i w \ v O H ` t osm \ i p 1A \ i ry I \ u~ :;~sw ~~z~ 1 N \ zh tt Qma7i 0~~4 \ a44A t, a: ~ i o~y~k~ II 1 i 3 S o z I i ~~2 ~ 9 cy ~j I 1 j~o ~ a~ I lI 1 °w iucx , i- a z i ~ ~ . f t LLB qVi4 UV i ,1~`~ Uf 4 ' - t1 % qV - h~ '~1 N ~~f ~ ._~ti IG i 3 - l ' f ~ ~ ~3x~ a saunun Qr orQa ~ +{3~sn~+ ~ I ~ 1 ~ _ _ _ _ _ _ HLl1Ni Yd 6F _ f QS'Q2f N?JSlia - SITE PLAN C~ LOT SPLIT NARRATIVE This application request pertains to a proposed lot split of Lot 1, Norvin Oaks. Norvin Oaks, consisting of 3 lots previously awned by my grandfather, was delineated in 1981. Since then the surrounding area has been developed into neighborhoods of single family harries that have an approximate average lot size of 0.3 acres. Lot 1 is located on the east side of Rusten Rd approximately 169 ft north of the intersection with 5toriand Rd, The impact will be to split lot 1 into two lots, lot 1 and lot 2 - lot 1 having a north-south dimension along Rusten Rd of 119,07 ft, a depth of 341 ft, and an area of p.437+1- acres and lot 2 having a north-south dimension along Rusten Rd of 118.64 ft, a depth of 341 ft, and an area of 0,436+/- acres. The lot currently has a single family home located in the proposed lot I and adjacent land located in the proposed lot 2. Existing infrastructure includes curb, gutter, pavement, water lines, sewer lines, street lights, and utilities through the following entities: City of Eagan, Comcast, Dakota Electric, Minnesota Energy Resources, Department of Transportation, and Qwest. There is a 16 ft drainage and utility easement a€ung the south property line. We will not be building on or affecting the wetland or wetland buffer zone, R 7 J Agenda Information Memo February 3, 2009, Eagan City Council Meeting B. COMPREHENSIVE GUIDE PLAN AMENDMENT MVTA ACTION TO BE CONSIDERED: To direct staff to submit to the Metropolitan Council a Comprehensive Land Use Plan Amendment that would change the land use designation from MnDOT right-of-way, to SA, Special Area, for property located at Cedar Clove Parkway and Nicols Road on MnDOT right-of- way in the NF,'/4 of Section 19. (OR direct preparation of findings of fact for denial). REQUIRED VOTE FOR APPROVAL: At least four notes FACTS: ➢ The site, approximately 9 acres, consists of excess right-ofway from the Cedar Avenue highway construction. The proposed land use amendment would establish the designation of the subject site to SA, Special Area, incorporating the property into the same designation as the surrounding Cedar Grove District properties. ➢ The applicant is proposing to construct a park and ride transit facility with a 768 sq. f1. bus shelter, 143 stall surface parking lot and 21 stall pick up/drop off parking area. A second phase of the development may include a three level parking structure with a skyway connecting to a center running bus rapid transit (BRT) line. ➢ A transit facility supports the proposed transit--oriented redevelopment plans of the Cedar Grove district. ➢ Future action by the City Council on the Comprehensive Guide Plan Amendment, Preliminary Planned Development and Preliminary Subdivision will occur after the Comprehensive Guide Plan Amendment is reviewed by the Metropolitan Council. The Advisory Planning Commission held a Public Bearing regarding the proposed Comprehensive Guide Plan. Amendment, Preliminary Planned Development and Preliminary Subdivision on January 27, 2049 and is recommending approval. ISSUES: None. ATTACHMENTS (3): Location map on page 571. Draft January 27, 2009 APC minutes on pages thro 'GA. Staff report on pages through E , . Eagan Uoundary Rlght-ofway Nark Area Location Map Barn Bark Rrcu ~ Building Faatprlnt a C" .p .2S sS d CCC]]]777 on DOG wa ~s ~ d f X-~ ~ - OD Q tl ° ❑ Subject Sited a ',T I - _ Q v as 9 _ Q Q 504 ❑4 q 9 o u Q I1 ~ 6 ~ a n Q ~ ~a A 8p p8 fl 4 O I d fl D Q .r o 57 G f g 7 p Q } all knj . F [Il--"' fi V, 1 0 p t0aa 20M Fed Devolopmentl©eveloper. WTVTA Park & Ride Applications Preliminary Subdivision Case Noa 19-PS-46-12-08 THIS MAP 35 13JT£id3)3sD FOR REFERt:1SCE USE fl1S1.Y city o Eap %V The City of Eagan and Dakota County do not rguarantno the afeauraay of this €nfomral[on and or* 5 Community Cc~alapmsnt Peparfmcat not rospons161e far arrnr9 or omrssiaas. Advisory Planning Commission January 27, 2009 Page 3 of 8 B. MVTA Cedar Grove Park and Ride Applicant Name: TKDA Location: Nicols Road & Cedar Grove Redevelopment Area Application: Preliminary Planned Development A Preliminary Planned Development of 9 acres to create a park and ride. File Number: 19-PD-03-12-08 Application: Preliminary Subdivision A Preliminary Subdivision of 9 acres. File Number: 19-PS-08-12-08 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated January 22, 2009. She noted the background and history. Vice Chair Chavez opened the public hearing. There being no public comment, Vice Chair Chavez closed the public hearing and turned the discussion back to the Commission. Member Keeley inquired about the special area for the land use and if it is the best choice, considering future possibilities. Community Development Director Jon Hohenstein explained that the updated Comprehensive Plan shows the Cedar Grove Redevelopment Area continuing as a Special Area and explained that since this is a transit function, it is reasonable to guide the land accordingly for the time being. He further explained that over time, the entire Cedar Grove area will likely be guided with a general designation. Member Zoberi moved, Member Keeley seconded a motion to recommend approval of a Comprehensive Guide Plan Amendment that would establish a Special Area Land Use Guide Plan designation upon approximately 9 acres located east of Cedar Avenue/Hwy 77 and west of Nicols Road in MnDQT right-of-way in the NE % of Section 19. Member Filipi stated the region as a whole needs more park and ride facilities and stated support for the application however will abstain due to his present employer. A vote was taken. All voted in favor. Motion carried: 5-0. Member Filipi abstained from voting on this item. Member Zoberi moved, Member Keeley seconded a motion to recommend approval of a Preliminary Planned Development for a park and ride, upon approximately 9 acres located east of Cedar Avenue/Hwy 77 and west of Nicols Road in MnDGT right-of-way in the NE % of Section 19, subject to the following conditions: I I Advisory Planning Commission January 27, 2009 Page A of 8 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 the development. The following plans are necessary for the Final Planned Development Agreement: • Final Site Plan • Final Building Elevations ■ Final Site Lighting Plan ■ Final Landscaping Plan • Final Signage Plan 3. The property shall be subdivided and platted prior to issuance of any building permits. 4. The Elevation Plan shall be revised to correct the labels on the west elevation. 5. Prior to Final Planned Development approval, the developer shall provide calculations from the architect to verify that the required ratios of building materials are satisfied. 6. The Site Plan shall be revised to include dimensions for the bus shelter building setbacks, parking lot drive aisles, gas easements, overall lot dimensions and parking lot dimensions as well relocate the pedestrian crosswalk label and sidewalk label. 7. The applicant shall provide an elevation for the trash enclosure and the building shall be constructed of the same materials and match the principal building. S. A detail of the air conditioning screen wall shall be provided and constructed of the same materials and match the principal building. 9. A revised Landscape Plan shall identify all plantings within the site. 19. All building signage shall be individually mounted letters; no can or cabinet signs shall be allowed. 11. Signage shall meet City Sign Code requirements. 12. A revised Lighting Plan shall meet City Code requirements for light levels and pole height. A vote was taken. All voted in favor. Motion carried: 5-6. Member Filipi abstained from voting on this item. Member Zoberi moved, Member Keeley seconded a motion to recommend approval of a Preliminary Subdivision to create a legal lot of record approximately 9 acres located east of Cedar Avenue/Hwy 77 and west of Nicols Road in MnDDT right-of-way in the NE % of Section 19, subject to the following conditions: The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, B1, B3, B4, C1, C2, C4, D1, and E1. 1. The property shall be platted. 2. The applicant shall be responsible for obtaining a MN Department of Transportation drainage permit for the drainage of storm water runoff from the proposed storm water pond into the Highway 77 (Cedar Avenue) right-of-way ditch. 5~5 Advisory Planning Commission January 27, 2009 Page 5 of 8 3. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has current University of Minnesota Erosion/ Sediment Control Design training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 4. 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. 5. The applicant shall fulfill tree mitigation conditions through the installation of one hundred twenty-one (121) Category B trees. 0. The applicant shall protect preserved significant trees through the placement of required Tree Protective measures (i,e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be in at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 7. The applicant shall contact the City Forestry Division and set up a pre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 8. A stormwater treatment pond shall be constructed in conformance with City Code §4.33. A vote was taken. All voted in favor. Motion carried: 5-0. Member Filipi abstained from voting on this item. Mr. Hohenstein acknowledged Minnesota Valley Transit Authority (MVTA) for outstanding work. He stated this is not just a transit feature; it will help Eagan reinforce transit oriented development that the City hopes to see occur in the Cedar Grove Redevelopment Area. PLANNING REPORT CITY OF EAGAN REPORT DATE: Januaty 22, 2009 CASE: 19-PD-03-12.08 19-PS-06--12-08 APPLICANT: TI~DA HEARING DATE: January 27, 2009 PROPERTY OWNER: MnDOT/MVTA APPLICATION DATE: December 17, 2008 REQUEST: Preliminary Subdivision ~ PREPARED BY: Sarah Thornas Comprehensive Guide Plan Amendment and Preliminary Planned Development LOCATION: West of Hwy 77 and East of Nicols Road (NE 'I, of Section 19) COMPREHENSIVE PLAN: No designation {right-of-way} ZONING: No designation (right-of-way) SUMMARY OF REQUEST TKDA is requesting approval of a Comprehensive Guide Plan Amendment that would establish a Special Area {SA} Land Use Guide Plan upon approximately 9 acres located east of Cedar Avenuell wy 77 and west of Nicols Road in MADOT riglit-ofway in the NE'/4 of Section 19,. In conjunction with the Guide Plan. Amendment, the applicant has also requested approval of a Preliminary Planned Development for a park and ride transit facility and a Preliminary Subdivision to create a legal lot of record upon approximately 9 acres located east of Cedar Avenuefflivy 77 and west of Nicols Road in MnDOT right-of-way in the NL'/1 of Section 19. AUTHORITY FOR REVIEW Comprehensive Guide Plan Amend rent: The city's Comprehensive Guide Plan was prepared pursuant to Minnesota Statutes, Section 473.864. As defined by statute, the Land Use Plana is a guide and may be amended from time to time as conditions change. The city's Guide Plan is to be implemented by official controls such as zoning and other fiscal devices. The creation of land use districts and zoning is a formulation of public policy and a legislative act. As such, the classification of land uses must reasonably relate to promoting the public health, safety, morals and general welfare, When a change to a city's Comprehensive Guide Plan is requested, it is the city's responsibility to determine if the cbarrge is in the best long-range interests of the city. The stand ud of review of a city's action in approving or denying a Comprehensive Guide Plan amendment is whether there exists: a rational Plannirng Report Cedar Grove Park and Ride .Ianuary 27, 2009 Page 2 basis- A rational basis standard has been described to mean having 1 egally sufficient reasons supportable by die facts which promote the general health, safety and welfare of the city. Subdivision: City Code Section 13.20 Sabd. 6 states teat "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan_ B. That the design or improvement of the proposed subdivision complies with applicable plans of°Dakota County, State of Minnesota, or the Metropolitan Council. C, That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D- That the site physically is suitable for the proposed density of developrmrlt. E, That the design of the subdivision or the proposed improvement is not likely to cause environmental dainage. F, That tile. 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 esIablished by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely mannrer so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. 1. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property.. (Refer to City Handbook on Solar Access), ` I That the design of public improvements for the subdivision is compatible and consistent with the platting or• approved preliminary plat on adjacent lands.. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plant 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 Planning Report Cedar Grove Park: and aide 3anuary 27, 2009 Page 3 inforunation 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 mid 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 sane available to the public." Planned Development: City Code Chapter 11.50, Subd. 18, A., states the intent of the Planned Development zoning district as follows: 1. Providing greater flexibility in onvirormiental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. 1 Recognizing the economic and cultural advantages that will accrue to the residents of a planned community. 3. Encouraging a more creative and efficient approach to the use of'the land.. d. Encouraging the preservation and enhancement of desirable site characteristics, natural features, and open space. 5. Encouraging a development pattem that is consistent with land use density, transportation facilities and community facilities objectives of the Comprehensive flan.. l3A CIS G ROUND/H;ISTORY In 1998, the City initiated the Cedar-vale Area Redevelopment Study to evaluate the area's potential to create a viable mixed use area that would utilize the area's innate advantages (highway visibility and accessibility) white maintaining compatible lard use relationships with surrounding uses. Following the Study in October 2041, the City formally created the Cedar Grove Redevelopment Tax Increment Financing (TIC'} District, which includes this site.. The TIF District was certified by Dalcota County in December of 2001. Since then, the City has undertaken physical improvements to realign the Silver Belt Road intersection with. Cedar Grove Parkway (formerly Beau d'Rue Drive) and Hwy,. 13, as well as install gateway landscaping and streetscaping in the area.. The City's Comprehensive Guide Plan was amended in 2003 with the approval of a small area plan for Special Area ##5 (Cedar Grove) in May 2403. The Cedar Grove District zoning ordinance was adopted in December 2002, and in June of 2003, the City Council approved a rezoning of approximately 96 acres within the Cedar Grove redevelopment area from various zoning districts to CGD, Cedar Grove District. EXISTING CONDITIONS The 9 acre subject property is unplatted right-ofway that overlays Cedar Avenue/Highway 77. The property is excess right-of-way from the construction of the highway in the 1980's. Originally, faun homes and their outbuildings were located upon the property- A gas station was Planning Report - Cedar Grove Park and Ride January 27, 2009 Page 4 later constructed on the property to serve the highway traffic- Due to these previous land uses, petroleurn contaminated soil and potential asbestos-containing material are of a concern and limit compatibility of low impact development features such as permeable pavers, stormwater infiltration or rain gardens. Additional development constraints include two NSP gas line easements, one of w1iich is 80 feet wide. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property; Existing Use Zupan Land Use Designation North Hwy 13 Right-of way Right-of--way South Multi-tenant GB, General Business RC, Retail Commercial corruuercial Last Single-family R-1, Residential LD, Low Density residential Single district: (0-4 units/acre) West H 77/Cedar Avenue Right-of way Right-of-way EVALUATION OF REQUEST Description of Proposal T1ie MVTA is proposing to construct a park and ride as the first phase of a fi.rture Bus Rapid Transit (BRT) system along Cedar Avenue. The proposed construction includes a bus station, park and ride lot, bus service and pick up/drop off and short terra parking stalls. A second phase of the development is proposed to include a parking ramp, which ultimately would connect via skyway to a center-running BRT line- The proposed park and ride consists of 143 park and ride stalls with an additional 21 pick up/drop off stalls. A more detailed description of the intent, phasing and public benefit of the proposed use is in the attached project narrative provided by the applicant-. The MVTA and its project planners have concluded that the future construction ofthe parking ramp will result in a structure that is expected to be as tall or taller than the current berm and that it would be more cost effective to incorporate noise attenuation features into the structure or to construct the noise wall as an integral part of the structure. Therefore, the City Council approved a five year defennent for the MVTA to comply with the Minnesota Pollution Control Agency noise attenuation standards for the Cedar Grove Transit Station in September, 2008. Comprehensive Guide Plan Amendment As noted previously, the subject property currently exists as right-of-way- Thus, the property does not have a specific land use plan designation with the City's Comprehensive Guide Plan- To justify the rezoning of the property, a guide plan amendment to designate the site SA (Special Area) must occur. The SA designation is consistent with the surrounding Cellar Grove District properties and the specific use proposed on site- Zo~ nine - The subject side does not presently have a zoning designation as it currently exists as ii-lit-of-way. To accommodate an atypical use that serves the general public, a PD (Planned Development) zoning designation has been requested. While the applicant is proposing a Sg Planning Report - Ccdar orove Park and Torte fanuaiy?7, 2009 Page S Rezoning to PD, the CGD (Cedar Grave Distract) standards will be the basis for evaluation of the proposed Planned Development as the CGD redevelopment district is adjacent to the site. CompatibilitK_witl7 Surrouadina Area - The proposed use is consistent with the Cedar Grove redevelopment plans to establish mixed use commercial and residential developments at higher densities that would support transit oriented design. Airport Noise Considerations - The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter in its Transportation Policy Ilan that anticipates the impacts from the continued operation of the airport at its current location.. Based on the adopted 2407 Metropolitan Council Mitigated Noise Contours, the site is located within the Noise Buffer Zone. This development as a transportation, passenger facility is considered a compatible use within the Noise Buffer Zone, Canfoxn-lin_ Plan The applicant did not provide a confonning plan. A corrforming play is intended to show a development that conforms to standard zoning, in this case, the CGD zoning district. According to the applicant's narrative, "As this project is for public purpose and is not a residential development with homes, new streets and other standard subdivision elements, the Site Layout requested does not apply." Lots - The proposal consists of one nine acre lot.. Preliminary Planned Development- Site flan The site consists of a surface parking lot and a looped bus turnaround with adjacent pack up/drop off parking. A 768 sql ft. bus shelter is located between the bus turnaround and the pick up/drop off parking. The plan identifies an existing six foot concrete sidewalk along Nicols Road across the street from the property.. The Site Platy should reflect this being an eight foot blacktop trail- A pedestrian crosswalk near the Cedar Grove ParkwayfNicols Road intersection is proposed, providing pedestrian access between the site and the core Cedar Grove redevelopment district. The pedestrian crosswalk label on the plan should be relocated to more accurately identify the proposed location. A crosswalk from the bus station across the three lanes of traffic in and out of the side is proposed, along with a trail to a point across from the existing sidewalk on the east side of Nicols Road and the second crosswalk connects the two pedestrian pathways. The Site Tian does not depict dimensions of the setbacks for the bus shelter, nor the parking lot drive aisles and gas easements. The plan should be revised to label these dimensions. Setbacks Per City Code requirements, front and corner lots must meet a build-to line of 0-10 feet- Interior side yards require 0' building setback. And the required rear yard setback is a minimum of 20'_ The principal building, a bus station, exceeds the 10' maximum setback in both the front and side yards as the building is proposed to be set back approximately 47' from NicoIs Road.. Due to the Planning Report -Cedar Grove Parr and Aide January 27, 2009 Page f previous mentioned site constraints, the building is located in the middle of the 9 acre site.. These proposed setbacks are deviations from the COD requirements. In order to accommodate the main function of the site as a transit station, these setback deviations are necessary for efficient traffic circulation and pedestrian safety. The CGD zoning requires 85% of the street frontage of any lot to be occupied by building facades meeting the build--to lime. It has been established that the building does not meet the build-to line in the front yards. The majority of the front yard adjacent to Nicols Load is either open space or is occupied by surface parking.. Again, this is due to the use of the property as a transit station/park and ride. Building Height - Minimum building height is 24 feet, rnaximuna building height in the CGD is 50 feet. The proposed building is 25 feet at the uppermost point of the roof, which meets the City Code requirement for round or other architectural type roofs. Building Elevations - The CGD ordinance establishes specific building and architectural provisions for the CGD zoning district. Primai;y malerials may consist of brick, stone or glass and must cover at least 60% of the building facade. Secoiidar)> in ter•ialr may be decorative block or integrally colored stucco and may cover lip to 30% of the building facade. Accent materials may include door and window frames, lintels, cornices wid other minor elements covering no more than 10% of the building facade. All buildings shall include the following: a.. Accent materials shall be provided and all sides of a building shall be treated as a front side; b, Buildings containing office and retail uses shall maintain 40 percent minimurrl window coverage on each first floor front that faces a street or public open space; [not applicable] c. Complimentary mayor material colors; d. A combination of vertical and horizontal pattern designs in the building facade. The exterior finish materials are Mankato Kasota Stone, burnisbcd block and glass. Pzefinished metal fascia and sort are proposed on. the east: elevation, in keeping with similar styles to other MVTA bus stations.. While the eastern elevation utilizes more metal accents, all of the building elevations make use of the same finish materials. The bus station is 768 square feet in size with a total of 1,181 square .feet under the roof area. The variation in building materials and roof design provide added visual interest at the ground level. The Building Elevation sheet mislabels the west elevation. This elevation should be relabled and accurately identify the materials- Further, the elevation sheet should include the building material percentages as they relate to City Corse requirements.. Building Signage - Building signage is proposed on all four elevations of the bus station- This amount of signage exceeds what is permitted by the City Code. City Code would permit a total of three signs on up to two elevations of the building,. The sign on the east elevation could be viewed as a simple nameplate sign. However, simple nameplate signs on or over the entrance should not exceed three square feet in area. 1PD Planning Report Cedar Grove Park; and Ride January 27, 2009 Page 7 The CGD ordinance establishes specific signage provisions for the CGD zoning district. Wall signage is allowed on buildings within a horizontal band no more than three feet in height, at least ten feet and no more than 15 feet, above the ground. The west elevation proposes building signage less than 10 feet above the ground which does not meet the code requirement.. Also, the allowable area of wall signs is one and one-half square feet of signage per lineal foot of building frontage on a public street, public open space, or private parking area, There should be no signage on the north elevation as that facade does not face a public street and no signage on the west elevation as it would exceed the number of building signs permitted by the Sign Code_ Signage is proposed to be green and ozange (MVTA logo) with alurninum letters. Signage should be individually mounted letters, no can or cabinet signs shall be allowed. An option to reduce building Signage could be a monument sign located within the island. Freestanding signs may be up to 12 feet in height and must be constructed with a base consisting of the sane materials and colors of the principal building with a minimum height of three feet and total signage not to exceed dS square feet. A Final Sign Plan in compliance with City Code should be submitted with the Final Planned Development application. Trash Enclosure - Trash storage is proposed adjacent to a bike locker enclosure and a bike racy, located behind the bus station. The building provides screening of the trash enclosure from Nicols Road which meets City Cade requirements. The detached structure inust be constructed of similar materials as the principal building. The applicant should provide an elevation depicting the detached trash enclosure materials and colors. Parkin - The CGD zoning permits a maximurn of 15% of any street frontage to be occupied by off-street parking,. The applicant has not provided dimensions of the parking lot; and due to the scale of the proposed plan, an estimate identifies approximately 16% of the Nicols Road frontage is occupied by the proposed off-street parking lot. However, due to the proposed use and site configuration, this minor deviation appears acceptable. Parking stalls are proposed to be 10 feet by 19 feet in size to maximize the amount of parking while reducing the amount of pervious surface- The drive aisle width appears to nleet Carle requirements of 24 feet but should be identified oil the plan. Per City Code, surface parking lots are to be screened "with a decorative wall, railing, hedge or combination of these elements," to a minimunn of 2.5' and maximum of 3.5' above the parking lot at the build-to line. Parking is proposed to be screened with landscaping. A row of Red Gnome Dogwoods is proposed adjacent to the parking lot which grows three to four feet in height- In the area where there is no trail, nine Crabapples are inner--mixed with the Dogwoods to meet Code Requirements of screening the site perimeter with overstory trees. Phase two of the development includes construction of a parking structure, The applicant has provided a potential Site Plan/elevation of this design. The MVTA will be required to submit a Planning Report-- Cedai Grove Para, and Ride Iariuary 2T, 2009 Page 8 Site Plan at the tune of building permit for the panting structure to allow for review of design, building materials, signage and general code compliance. Site Lighting The City Code requires that site lighting be provided as is necessary for security, safety and traffic circulation and that all lighting be indirect and diffused or shielded. Lighting shall not be directed upon public rights of way or adjacent properties and the source of light must not visible front off the property- In addition, the CGD ordinance specifies that no light source may be more than 20 feet above the ground, except by CUP for buildings more than 24 feet in height- The Planned Development may allow for deviations from the Code Requirement in lieu of a Conditional Use Permit if warranted. Parking lot lighting is provided by three different fixture types.. The 400-watt and 291-watt fixtures are proposed to be pale-mounted at a height of 30 feet.. This exceeds the height requirement by 10 feet. The CCTD district specifies lighting standards of an average of 2.0 footcandles for interior parking areas, with minimurn levels of 0.5 footcandles. The applicant did not provide the average light level within the parking lot or mininrurn and maximum levels with this submittal, but will be required for the Final Planned Development. The photornetrics show light levels of over 1..0 footcandle at the property line adjacent to Nicols Road., While the COD standards specify not less than 0..5 footcandles at the property lines, those arias along the public streets contain trails and the spillover Iight of over 1.0 footcandle is not anticipated to be problematic, and may enhance security and safety for pedestrian traffic., Mechanical Equipment The CGTD zoning requires that all mechanical equipment be completely screened from the ground-level view of adjacent properties and public streets, or designed to be compatible with the architectural treatment of the principal building. The Elevations identify equipment located within a mechanical room and a screen wall for the ail conditioning unit. A detail of the proposed screen wall should be provided. Preliminary Subdivision- Laudscaphi The proposed Landscape Plan shows solid landscaping along the east side of the parking lot, providing screening from the right-of-way, The Landscape flan does not identify the plantings within the bus turnaround island. It appears that the conifers identified on the planting schedule are to be located in the island. A revised plan should identify the plantings. The proposed Landscape Plan shows a total of 134 trees, all mitigated trees. However staff calculation of mitigated trees totals 121, resulting in 13 non- mitigation trees being added to the site. The CGD ordinance requires that one overstory (shade) tree be provided for every 500 square feet of landscaped area on the site.. The applicant has not provided these calculations on the Landscape Plan. The applicant proposes native prairie mixture and drought and salt tolerant species to landscape the site, Because of this, irrigation of the site is not proposed.. This is a deviation from the City Code requirement. planning Report - Cedar Grove Park and Ride January 27, 2009 Page 9 Grading/Topagraphy - The site was previously graded with the construction of Highway 77 (Cedar Avenue) and is generally open with a few trees that sprouted and grew since the Cedar Avenue grading. A majority of the long, narrow site was constructed as a 15 to ?D-foot high berm between Nicols Road and Cedar Avenue. All erosion/ seduient control plans submitted for development and grading permits should be prepared by a designer who has current UUrdversity of Minnesota Erosion/ Sediment Control Design training, or approved equal training as determined by the City Engineer in designing stonirwater pollution prevention plans. 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/Sedinient Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. Storm Drainage - This development proposes to construct a storni water pond in the northern portion of the site to control stone water runoff from the site before it ultimately drains to the Cedar Avenue right-of-way ditch. Low Impact Development. (LID) features (rain gardens, infiltration basins) were eonsidered by the developer to control storm water runoff, but as previously mentioned, the underlying soils do not provide for desirable storm water infiltration. Utilities - Existing sanitary sewer and water main of sufficient size, depth, and capacity are available on site to serve the proposed building. Streets/ Access/ Circulation - Bus and passenger-vehicle turnaround access, and a 143-stall parking lot access, are proposed onto Nicols Road via four driveways. Pedestrian circulation and access in the area is provided by a trail on the east side of Nicols Road, south of Cedar Grave Parkway- This development proposes to construct a sidewalk cotuiection to this trail. Easements/ Permits/-Right-of Wgy The applicant should be responsible for obtaining a MN Departrncnt of Transportation drainage permit for the drainage of storm water- runoff from the proposed storm waiter pond into the Ilighway 77 (Cedar Avenue) right-of way ditch. Financial- ~jbliaation There are no balances of special assessments on the parcels proposed for platting- At this time, there are no pending assessments on the parcel proposed for platting. This development should accept its additional financial obligations as defined below in accordance with the final plat dimensions and the rates in effect at the time of final plat approval- 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. 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: Planning Report Cedar Grove Park and Ride January 27, 2009 Page 10 Improvement Use Rate Quantit}+ Amount Storzzi Sewer Trunk CI $0.181 s . ft. 392,040 sq. ft. $70,562.20 Total $70,562.20 Tice Preservation A Tree Preservation Plan submitted with this application indicates that then are five areas of significant woodlands, totaling 41,368 square :feet, and fourteen (14) significant trees existing at this site. Tree species include boxelder, cottonwood, ash, elm, and Austrian pine. Tree diameters range from 3 inches (woodland trees) to 20 inches, averaging about 10 incliesAccording to the submitted Tree Preservation Plan, 37,644 square feet of significant woodlands (91% of the total) will be removed, and fourteen (14) significant trees (104% of the total) will be reproved. The City of Eagan Tree Presen+ation Ordinance sets an allowable removal for this type of development at 30%_ With a significant tree removal greater than the allowable, there is a required tree mitigation of one-hundred twenty-one (121) Category B trees associated with this application. Water uali /Wetlands - Similar to other developments and regardless of size, this subdivision ultimately will generate additional storm water runoff- within the City via creation of additional impervious surfaces- Thus, this proposed development is subject to policies of Eagan's Water Quality and Wetland Management Plan to protect surface water resources from impacts of land development and must comply with City Code §4.33 Post Construction Requirernents for management of stormwater runoff, imperviousness, best management practices, and storrawater treatment ponding. The developer' proposes to treat stornrwater by constructing a pond on site. Because there are no wetlands on this site, the proposed subdivision is not subject to City Code § 11.67 Wetlands Protection and Management Regulations. Parks and Trails - This development being of pt€blic use is not subject to park or trail dedication requirements. SUMMARY/CONCLUSION TKDA on belialf'of the MVTA is proposing a Comprehensive Guide Platy Amendment, Preliminary Planned Development and Preliminary Subdivision to create a parr and ride- Access to the 9 acre site is provided from Nicols Road in four locations. A bus station, park and ride lot, bus service and pick up/drop off and short teary parking stalls are proposed. Tire proposal includes some deviations to the standard CGD zoning requirements. The property is currently unplatted, MnDOT right-of-way and application has been made to zone and plat the property.. The proposed development plans appear to satisfy many of the design standards of the CGD zoning district in terms of building architecture, freight, design and materials, as well as site design. Tice mitigation requirements are also satisfied_ Planning Report Cedar Grove Park and Ride January 27, 2009 Page 11 The developer is proposing some deviations to CGD requirements. The acceptability of such deviations is a policy matter to be deters-nined by City officials. Proposed deviations include the building location, signage, size of parking stalls and location of paiking lot adjacent to the street, site lighting and landscaping. Cash parks and trails dedications do not apply to this public development. If approved, a Final Subdivision and Final Planned Development will follow, at which time the developer will provide additional detail to confirm compliance with the CGD architectural standards, building materials, site lighting, landscaping and signage. ACTION TO BE CONSIDERED To recommend approval of a Comprehensive Guide Plan Amendment that would establish a Special Area Land Use Guide Plan designation upon approximately 9 acres located east of-Cedar Avenue/Hwy 77 and west of Nicols Road in MnDDT right-of-way in the NE'/, of Section 19. To recommend approval of a Preliminary Planned Development for a park and ride, upon approximately 9 acres located east of Cedar Avenue/Hwy 77 and west of Nicols Road in MriDCT right-of-way in the NE 41q of Section 19. If approved, the following conditions should apply: 1. The developer shall execute a Preliminary Planned Development Agreement which includes the follow-ing plans: Site Plan Building Elevations Site Lighting Plan v Landscaping Plan ■ Signage Plan 2.. A Final Planned Development Agreement shall be exectrted for the development. The following plans are necessary for the Final Planned Development Agreen-ient: ■ Final Site Plan s Final Building Elevations e . Final Site Lighting Plan Filial Landscaping Plan Final Signage Plan 3. The property shall be subdivided and platted prior to issuance of any building permits. 4.. The Elevation Plan shall be revised to correct the labels on the west elevation. 5. Prior to Final Plaiaiied Development approval, the developer shall provide calculations from the architect to verify that the required ratios of building materials are satisfied- Planning Report - Cedar Grove Park and Ride Januaty 27, 2009 Page 12 6_ The Site flan shall be revised to include.dirnenasions for the bus slsclter building setbacks, parking lot drive aisles, gas easements, overall lot dimensions and parking lot dimensions as well relocate the pedestrian crosswalk label and sidewalk Iabel. 7_ The applicant shall provide an elevation for the trash enclosure and the building shall be constructed of the same materials and match the principal building, 8. A detail of the air conditioning screen wall shall be provided and constructed of the same materials and match the principal building. 9. A revised Landscape Plan shall identify aII plantings within the site. 10. All building signage shall be individually mounted letters; no can or cabinet signs shall be allowed.. 11. Signage shall meet City Sign Code requirements. 12. A revised Lighting Plan shall meet City Code requiter cents for light levels and pole laei ght. To recommend approval of a Preliminary Subdivision to create a legal lot of record approximately 9 acres located cast of Cedar Avenue/Hwy 77 and west of Nicols Road in MnDQT right-of=way irs the NE 'I., of Section T 9. If approved, the following conditions should apply: The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, BI, B3, B4, C1, C2, C4, Di, and E1. 1. The property shall be platters. 2. The applicant shall be responsible for obtaining a MN Department of Transportation drainage permit for the drainage of storm water runoff from the proposed storin water' pond into the Highway 77 (Cedar Avenue) right-of-way ditch. 3.. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has current University of Minnesota Erosional Sediment Control Design training, or approved equal training as determined by the City Engineer in designing sto€nxiwater pollution prevention plans, 4. All personnel responsible for the construction and management of erosional sediment control devices, and the establislanaent 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. 5. The applicant shall fulfill tree mitigations conditions through the installation of one hundred twenty-one (121) Category B trees.. Planning Repon Cedar Grove Para: and Fide January 27, 2009 Page 13 6. The applicant shall protect preserved significant trees through the placement of required Tree Protective measures (i_e, orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 7, The applicant shall contact the City Forestry Division and set up a pre-construction site - inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 8. A storrnwater treatment pond shall be constructed in conformance with. City Code §433.- . Cagan Boundary Right-of-wmy Location Map E:::] Parcel Area Park Area -_-r'te', Building Footprint - ❑ Y h Ra tit ~ ~ L"! ~Q~~ O _ ~svc~.as• ' Ed M~ R3 Rn ' yt ►~S,~N' r ~ ~ f 4 i~ - ICI x° r t ~6❑ o Q~ Subjea,C't Site a CD d ~ ~p Sid o~ ~ p o 0 ❑ I~ C~ s ❑ G ° ° ~ Q r o A i U 0 Q Cr g :_i" Z ~ ~ a p ~ {7 V 41 d q 4a b 7 up 0 J "I a - Q _ C Sa 4 a ~ s ~ ~ rsD - ~ I V o f ~ ss 4 ° i ~ r spy Q - ! I x tt30q 0 1000 2009 Feel I Development/Developer. MVTA Paris 8a Ride Application Preliminary Subdivision ease No..- 19-PS-06-12-08 N y ES NIAP 15 [h1T'EHOEt} FOR REl'EftCNCE ll5E ONLY W city of Rgr ry~ Tt1 L Id The Clty of Eagan and Fakata County do nut guarantee the accuracy of this Information and are 5 Gominu~6ly n°v°Sc}sm°nt flapar3tn °a3t at rasp onsible for arwrs or om15z;Ivas. Current Zoning and Comprehensive Guide Plan MVTA Preliminary Subdivision Land Use Map 19-P5-06-12-08 ~s y ~ r Zoning Map CG~- z Location da 6 Current Zoning: CEO o~ ROW Right-of-way e ¢ Y~ ar L~ ~ ~ t , a 4 ~ fl~ _ - ' / P 1 Comprehensive Guide Plan Land Use 11111ap x ~ a !s ro ~ ~ z a ~a Location ~ t Current Land Use Designation: sa ~ a RQif p { Right-of-way p Q p ~t~ e o a 4a a c3 I3 u ' q sav a sav +xoe ~ N o~psn>s+aat b~amna[ zees. Poreec wsc P Snra,,..~IS- p,mvWd d vy DU$W. C- ty Lane 51-Y " Zvn3ng in[orEnatLvn [.seFa>nEnad by cEEy SFael. lY L FN[S MAP 1S INTENDED FOR REFERENCE USE ONLY C~ o Eaka Tha c)fy a! Cagan and Dakota County da not guy ran tee fhe accurncy of thIs info aVon. S t4 S 04 1 - - t - I °Sl •~vr~ ~4-: ~9 ~j ,'--'Fy~-s rJf k^'~ :'r~.z_ ,i~-: C..•. _{,."n ~`.r-. a ~'~i '.`f ~ - i • {{rte Copyrigisa tno07 Pictormtry IlliernaiiumI Corp AERIAL 7 r J LSl 7 R a. - - u--1 ' - - rE I~€ O N Kt ° 5 e KS = I I t~ g a IA C] TQ E,q ~ 3 l 4 CE: ❑ ` ' J ' LL t, - ~ ~ ~ ~ Y~£LF.ifJ LAfJL ~r FZ I 1 ~ ti ~ vAIS r1 Pr=r~IF,E LANE j .1 f -'fir „a, f K•~ r~ - , ~ a f a ~vt iQ U ViQTll•Iry(-'.C)Nf)iT[C31V5 w EEF a3~ 3 € iia s~ @ ~ ~ ~ FF ♦ t I 4`F L3 < k~ti T ~ ~ L7 ,FC~ ~s'f` I:E -4 ~ 2 ';i~•',-a 1i„ ~ ~ ?i~ ~ ' _[_^e1 z! {ZL to yr vi ` ~ 2°a r r 1 ii ,s°~ r i F rr - t ~ .r.• - i~' 1, •3"a s I F I~ ~ Df ~ - s? ~s 111 i; ♦ r - Ir it Ni t-r - sip - • °s L i I I F ,i E II f` rte, fE E• ~ i ---~fy~~ E ~ ~ x • -J fl ~ ly ~ ~ , ~ ~ III PRELIMINARY PLAT C~ LLJ V, W w _ d °sr~ rr I I I r ~,a ~ si ~ ~ ~ [ C q ~1 ~♦f ' Ij rl43t`0.~ F ~ 1 fa~i; ~ ~ 1 3 I G~ zl CUA 3 1~ CAA 1 ~ ~ :r s4FPhrlRl CL i ~ 7 to t ~ EE 3 3 SITE PLAN -73 ~;Ql, rL' a arc =mar 1 vs 90 _ ~ ~ i~gF~C .1•d [ ~J a..L IL !Ngp'p~ Oman rs y u 089 Y~~ Fie L' crf 5»n P' ~'e c ! a p - IT, ELEVATION - i ~o2 wF) 0 cy! Ikg Ff e~ °ggsx" `s~° fr j -`s c! 98reCn ea 1r x? ep ~rsg in I e' a~ a$ i S i•"ea u' e rY5 R : ~ y a -J E s: ~ i ~ Yf E ~ •f[-Y ff ~ ~ ~ ~ ~ 1 E r r ~ 9 - (~I.~. j i 7a ~ ~ ~ E X ~ ~ EIS Y 5 s LANDSCAPE PLAN 76 ~,x.~ o t e w 111 _zz {rta _j O A~ CC ' 4' r 3 ¢A r 3 5 - ' : ~~_,,~r-may' Y; ,1= • ? ,..r ,~ttj X09 gq g tl [ ` i @ s h~ 3 iZ E 0.JY ~ ~ 1 ~ I ~ n 6 E s 7 `c i 1 I - ~ i 3{~ f ~E ! it e 111 I ; i ~ :I(x i n ENE Ii~AV1'~ d~ 1 f F ~ € ~ y ~ r• I f 5 TREE PRESERVATION PLAN 9 -7 p. •i: i`F`, 'ro. - ITS Si S' Ig- 3 v i ~ " O• .o kf D iH i f%1 lLr10R j F% NIL. ~ [ ~ ''fir ~ T~ 3n:~: .~'v,• S9; ~ yk E~~ i 3~. {gl ,lrs~ L p = ~i :Ci c 1 I°i D ` ei pg f wi •a{61 n=_ 75.' 9 C _ ! e E3 M I~~' iEI- IfI S'I°'c~E1 $ h~~ g _ = . _ : ~ C - _ i E iNl 3~3,°,i 3~~ ~ ,FII• I~~ I ~~i ~ ~ ~N~ ~~E~1 & ~ffE ~ r9 r IVA il t. z, - - CD: vii-~•'. i:5; _.Sf~'*";_i-i : Y . _ _ _ - . ~3~,~~' _ s -'C-Y ^ Yom. -"•C~- _ : + _ - - ~ - I X13 J M}~ R~ CJ z n w LIGHTING PLAN °-77 3 ULTIMATE THREE LEVEL PARKING STRUCTURE EAST ELEVATION 4 40 20 eD !~~•Y3iL d lig b yy SECC7NI] LEVEL PLAN 733 40 i60 =f' 10 2) STALIS :a 20 80 I~ iu ~.-r .LSD 3 FIRST LEVEL PLAN l25 STAL S TKDA POTENTIAL PARKING STRUCTURE ELEVATION {'kf'Rit:S• i?C`I!.'!Gf^-S`f.7.fri!!-J ,T.C?-C'1.C3. ,Cii~l Ju' f~iLL~'!-~ o «•~a4,1 fi JAN{ I MOP JANUARY 2009 1 i) a •~?'}~I 1;; is ISl+x~hi IT, W q .:i.2; ?mod a. ~ C'V " L [ Pull W uj 11;, f 1 27 i c - c - f ' f .~~'e key- F ' ` I is VIL. Q iii ~ ` ❑ ! r s~v. 1• ,r n'xs 1, fir. L 4 << it] E~.fiIFri =1J r k _ Y W ' fM F ELEVATIONS MVTA Cedar Grove January 5, 2009 Park and Ride TKDA Minnesota Valley Transit Authority Cedar Grave Park and Ride Preliminary Subdivision and Preliminary Planned Development Narrative January 5, 2009 Comprehensive Guide Plan Designation (Existing and Proposed) As pant of the Master Plan for implementing Bus Rapid Transit (BRT) along Cedar Avenue, from the Mall of America and connections to downtown Minneapolis south to Lakeville, the Minnesota Valley Transit Authority (MVTA), in concert with Dakota County, Dakota County Regional Railroad Authority, and the Metropolitan Council, has been studying how to improve traffic congestion in this region. The original study, dated -July 27, 2005, located several designated sites for transit stations along Cedar Avenue- A location between Highway 13 and Diffley Road was proposed for the Eagan station stop. This site does not have an existing Comprehensive Guide Plan designation. However, there has been a desire to create a Transit-Oriented Development (TOD) in this Cedar Grove District. The proposed designation is to create the transit piece for the, adjacent TOD. Zoning Classification (Existing and Proposed) The site is currently MnDOT (Minnesota Department of Transportation) right-of-way, and is not yet zoned in the City of Eagan. MnDOT is transferring this portion of their property to MVTA. As part of this land transfer, the intent is to have the City of'Eagan incorporate this new parcel into the Cedar Grove District (CGD), which is currently across the street and bounded by Nicols Road_ Intent and Phasino, This project is the first phase of the BRT development with MVTA in Eagan.. The intent of this PTOject is to incorporate the initial bus station, a pads.-and-ride lot, bus service, and pick-up/drop-off, short-tenn parking stalls. Ultimately, this location, in coordination with MnDOT, will provide a station twat would accornnnodate center-running BRT with a skyway link to the park-and- dde. Projected parking stall counts were 123 total stalls by 2010 and 155 by 2020. The site is now proposing to provide 143 park- and-ride stalls with an additional 21 drop-off/pick-up spaces This would meet both, the 2610 and the 2020 goals upon completion. The study calls for 204 parking stalls in the year 2030_ This could be accommodated with two levels of parking. The maximum parking ramp height is restricted to three levels. Although not yet designed, a colored rendering of a parking ramp plan and elevation is included.. A noise study presented that the removal of the existing earthen berm would increase the noise level in the adjacent residential neighborhood, A computer simulated model projected decibel level ranges exceeding Minnesota Pollution Control Authority (MPCA) allowable limits, requiring the creation of a noise wall or a parking ramp with similar noise blocking qualities. At this point in time, the City of Eagan has granted a temporary, 5--year deferral of the creation of a noise wall or parking ramp_ MVTA's preference would be to provide additional structured parking for visibility, safety, security, aesthetics and MVTA image rather than construction of a noise wall- A noise study following completion of this project has been recommended to confirm computer simulation data. P, 1 RITEIVE l ! l.,rE a ~ 3 10 MVTA Cedar Grove January S, 2009 Park and Ririe TKDA The Federal Transit Administration (FTA) provided Urban Partnership Agreement (UPA) fending for the Cedar Avenue BRT with stations in Eagan, Apple Valley, and Lakeville.. The FTA placed the requirement that the station would be operational on September 30, 2009. With the discovery of contaminated soil and the need for rem ediation to achieve a suitable site, the FTA has now granted an extension for the station to be operational December 31, 2009.. As the parking stalls in the hark-and-ride are for daily, rather than hourly, parking, the Eagan standard 10' x 19' stalls are being proposed as 9' wide. This will help reduce excess impervious surface. The trash and recycling enclosure is positioned behind the station, to the west of the general public area and hidden from view from the street. The design relates to the biers and wrought iron fence of the Cedar Grove District gateways across the street. As an opportunity to enhance the ultimodal facility, both enclosed bike lockers and A bike rack are provided to draw additional transit riders.. It is proposed that the bike lockers be immediately behind the station, with an aisle for bike access, to prevent bike riders from having to pass the trash area to retrieve their bilces. The City of Eagan prefers the trash enclosure be immediately adjacent to the building, but due to the preference of bike riders over trash a deviation is proposed at this location. Due to the grading, the trash enclosure would be screened from view from Cedar Avenue.. Existing Land Use The existing site is currently undeveloped- It serves as a spoils repository for MnDDT from the creation of Cedar Avenue 1 Highway 77 in the 1980s.. However, the site has had a varied history. Up through the I950s there were farm }rouses and related outbuildings on this site. Development occurred along Nicols Road (old Cedar Avenue), and by 1964 a gas station was built on the comer of old Cedar Avenue and old Highway 13. The gas station was torn down and both Cedar Avenue and Highway 13 were realigned to their current locations.. Due to the previous land uses, primarily the former gas station, petroleum--contmninated soil will be remediated as necessary as a part of this project. In general, the soils on the site contain greater levels of' contaminants than would be appropriate for residential purposes. Former farmhouses on the site lead to the possibility of uncovering asbestos-containing material fzorrr old floor tile, or pipe wrap. Tlae largest remediation effort due to historical uses of the site will be the rubble in the earthen Aerie that has been found to contain chunks of concrete, asphalt, tree roots, and other debris from the demolition of old Cedar and old highway 13, Residual soil will be sifted and sorted to remain and be reused on-site:. Phase I and Phase ll environanental docurnents were performed by AET and Braun Intertec. No delineated wetlands were found on this site and no sources of artifacts worthy of an archeological dig were discovered- Due to the historical uses, this site has a sizable area of ground contamination which is not compatible with pervious paving, stormwater infiltration„ or rainwater gardens. These generally desirable features in this situation would have the negative impact of potentially driving petroleum contamination down into the ground water and ultimately to the Minnesota River. It is the desire of this project to use site infiltration in limited application, primarily in the stormwater management pond on the north end of the site, which is both the low point of the site and the location of relatively little ground contamination. - P-.2 MVTA Cedar Grove January 5, 2009 Parr and Ride TKDA Low-impact development is a mutual desire for the City of Eagan and this project. However, incorporating trees within the parking lot at this point in time would require their- removal in the fixture. In addition, the site is drained to remove surface stonnwater'rather- than infiltrate due to the nature of the existing soils. The anticipated development of-structured parking precludes infiltrating at this location during the interim period. In this regard, a deviation from the 10% green space zoning standard typically required as well as trees in landscaped islands in the park-and-ride is requested in this location. As requested to ease cleaning, the skimmer at the pond has been relocated and a detail sheet is included.. Surrounding Land Use and Zoning The surrounding land rases within 600 feet of this site are both established residential neighborhoods and a transition to TOD incorporating a mix of retail, office, and residential. At this point in time the profonna by the developer has not provided the ultimate mix for [his adjacent group of properties. There is a desire to provide a connection between the character of this transit station and the proposed adjacent TOD.. Currently the gateway connections to the Cedar Grove District have architectural brick piers with a pattern of dark brick in a background of lighter brick with a stone base.. Compatible detailing will be incorporated in the free-standing screened enclosure. This project intends to incorporate Mankato Kasota stone, a regional material that helps reflect the nature of this site. Similarly, pavers set into a pattern will be incorporated into the pedestrian connection around the station, leading from the property across the street to the waiting area for the buses.. Additional Wbrmation Lighting selections incorporate might-sky compliant fixtures that prevent light spillage off the edge of the site as well as having a lesser impact on light pollution- Existing prismatic larnp fixtures mounted on the piers across the street are not being replicated as they are not night sky compliant. Instead, LED light standards are proposed in the station area, and coordinated standard light poles and fixtures are proposed in the parr-and-ride- These are anticipated to be removed in 5 years for structured parking. Zeno lot lines are proposed to enhance the urban feel of a TOD_ Crosswalk connections to the sidewalks of the adjacent TOD are proposed at both ends of the curved pedestrian path, A pedestrian crossing and sidewalk is now shown on the south side of Cedar Grave Parkway, ftorn the existing neighborhood to this park-and-ride.. Shrubs were added to soften and visually screen the parking lot_ In an effort to provide low-impact development, a waiver for the irrigation requirement is proposed- Native prairie mixtures and drought- and salt-resistant: species are planned to reduce the need for water and the impact on Eagan's water supply, as well as reducing the potential for driving contamination down through the soil and into the water table. MVTA Facilities Manager will hire a water tanker truck as needed during landscape establishment. Eagan requires a 2-year guarantee on plant species, and the landscape was carefully selected based on performance charactezastics and beauty of these plants. There are a number of existing trees on the site. Many of these trees need to be removed to accommodate constriction. But as all these trees have come up as volunteers since the roadway construction on Cedar Avenue, and since many of these trees are less desirable species such as Russian olive, cottonwood and box elder, required replacement of the trees will be with preferable species.. As requester) from the review, significant vegetation and required mitigation has been recalculated. The replacement shown is based upon significant woodlands where tree driplines overlap and individual trees where driplines do not overlap. Trees are replacer) with Category B sized trees due to better p. 3 ~5 Ock MVTA Cedar- Grove January 5, 2009 Park and Ride TKDA availability and survival rate than Category A trees.. Species concerns have been addressed so that proposed lilac trees, although existing in center islands along Cedar Grove Parkway, have been replaced with crabapples along the street and these have been moved slightly to avoid utilities. To enhance the definition of "Cedar Grove", clusters of cedars are placed in the center island of the busway, along with birch and red-twigged dogwood for color in winter. Asa native cedar plant, arborvitae is proposed, but a more pyramidal form than the slender Teclrny arborvitae is now a substituted proposal. The proposed tree grate area has been enlarged for better tree survival- Submission Modifications a Site Layout As hats project is for public purpose and is -rot a'residen11al development with homes, new streets, and other standard subdivision elements, the Site Layout requested in the Preliminary Planned Development submittal checklist does not apply. This site is not being subdivided into separate lots, and new public streets are not being provided. Development density of residential units is not applicable- a Park Dedication This project is built for public purpose, so the dedication ofparldand. is not applicable. Preliminary Development Plan As this is used to describe proposed streets, lots and blocks for a residential-type development, this submittal is not applicable- Public Benefit of the Proposed Planned Developmr nt The intent of this project is to get people out of their cars and to share the ride using mass transit.. The positive impact of this is three-fold: locallyfregionally, nationally, and globally.. First: by increasing mass transit (bus) ridership this project is intended to reduce the congestion on Cedar Avenue and improve commute time. This is die original purpose of the project for the FTA and Federal Highway Administration (FHWA). Busses will have the ability to use the shoulders and dedicated bus lanes to improve rider cotmnute time over Single-Occupancy Vehicles (SOVs). They are also anticipated to incorporate new features like lane guidance and precision docking.. Reducing the commute tinge for riders, as well as the number of vehicles, improves the local and regional commute tirne and traffic along this corridor. Second: by reducing the number of individuals who drive alone on their daily commutes and by taking SOVs off the road, the amount of petroleum consumption is anticipated to decrease. Third: in the current state of awareness of global climate change and the impact of human carbon emissions, the reduction in emissions from vehicle exhaust from SOVs has a global benefit- In addition, the creation of this park-and-ride bus station provides the transit component for the TOD and the opportunity to create a denser, urban village, and a walkable community less reliant on the automobile, Economically, utilizing mass transit allows families to reduce their dependence on a vehicle and can reduce the amount spent on fuel, which also benefits the bottom line for the residents in Eagan. Ultimately, businesses in the proposed adjacent TOD would benefit froze riders using this station to enter this neighborhood as a termination, for employment, shopping or dining, rather than solely as a source of transit to leave for, other destinations. p. 4 Agenda Information Memo February 3, 2009, Eagan City Council Meeting C. CONDITIONAL USE PERMIT - PEANUT'S PLACE ACTION TO BE CONSIDERED: To approve (OR direct preparation of Findings of Fact for Denial) a Conditional Use Permit to allow a dog daycare and grooming facility with overnight boarding of dogs and outdoor mans located at 1944 Shawnee Road, legally described as Lot 4, Block 2, Cedar Industrial Parr, in the SW '/4 of Section 17, subject to the conditions listed in the APC minutes. RE, QUIRED VOTE FOR APPROVAL: Majority of Councilrnembers Present FACTS: ➢ Peanut's Place is currently located in a retail mall at Town Centre Shops and occupies approximately 3,000 sq. ft. with an 80 sq. ft. outdoor play area. The applicant proposes to relocate to 1904 Shawnee Road. The property is zoned 1-1 (Limited Industrial) which allows kennels via a CUP (Conditional Use Permit). The applicant proposes to lease 6,000 sq. ft. to accommodate up to 50 dogs and 30 dogs overnight.' ➢ The applicant further proposes a 1,840 sq. ft. outdoor play area, however a portion of the play area encumbers the emergency vehicle access drive aisle. The Site Plan must be revised to modify the layout of the play area to eliminate the impediment. A 2006 CUP approved outdoor storage at the proposed site. Evergreens were planted for screening from adjacent properties as a condition of this approval. The proposed use appears compatible with the area. The existing vegetation and proposed six foot privacy fence should provide adequate screening of the outdoor play area. Proposed hours of operation are the same as the current facility, 7:00 a.m. to 6:30 p.m., Monday through Friday and 8:00 a.m. to 6 p.m. on weekends. Staff' hours to care for the boarded animals are 6:44 a.m. to 8:00 p.m. every day. The Animal Control Officer has routinely conducted inspections of the facility in Town Centre and found it to be satisfactory. An inspection will occur at the new location prior to opening. The Advisory Planning Commission held a Public Hearing on January 27, 2009 and is recommending approval. 60 DAY AGENCY ACTION DEADLINE: February 20, 2009 ISSUES: ➢ A condition of approval was added to require a portion of the outdoor play area to have a canopy and provide shade during the months of May through October. ATTACHMENTS (3) Location map on page . Deaf January 27, 2009 APC minutes on page t Staff report on pagcsnthroughqT~. Ragan Boundary '.'ttEght•ofway Location Map o11 Aark Aron ea Q Bulldfng FGotp:Fgt a a?.. - ~r } ~ C ~ ~ v $S ~7 t7 4 ~ na S7 O Q CS {t 1 d 3 Q Q p t~ ~7 p G3 o to G~ X: ri s Sub_ect Site IG= ~ Q tl~~ p ° P Q a ca v r O `apTd p O ~ d Dcg ~ c7a - - - p = - - mob=, I7 ~ p o " ° \ 0 pi a p p m W rs A p y ~ ~ a ~ B A a Sl l~ 4 I3 ~ a !1 L! w 4 a4 q, Gs a n O a Ia P A a _ low 0 1000 2000 Feel 1 DevelopmentlDeveloper. Peanut's Place Application: Conditional Use Permit Case Mo.; 77-CU-14-12-08 city of van 7HI5 MAP 1S INTENDED FOR REFERENCE 1151; ONLY. ~ tV ►[1~ 0 Tha City of Eagan and Onkota County do not guaranteo tho accuracy of this Infarmation and aro S Ccmmun4v pa" lopmorl t aagorlmont Slot rasp`crI4 We far errors Cr omtssto w5, Advisory Ptanning Commission January 27, 2049 Page 6 of S C. Peanuts Place Applicant Name: Peanuts Place Location: 1904 Shawnee Road; Lot 4, Block 2, Cedar Industrial Park Application: Conditional Use Permit A Conditional Use Permit to allow overnight dog boarding. File Number: 17-CU-14-12-08 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated January 22, 2009. She noted the background and history and recommended an additional condition of approval, as advised by the Animal Control Officer, to require shade be provided for a portion of the outdoor play area. Vice Chair Chavez opened the public hearing. There being no public comment, Vice Chair Chavez closed the public hearing and turned the discussion back to the Commission. Member Heaney moved, Member Zoberi seconded a motion to recommend approval of a Conditional Use Permit (CUP) to allow a dog daycare and grooming facility with overnight boarding and outdoor runs located at 1904 Shawnee Road, legally described as Lot 4, Block 2, located in the SW % of Section 17, subject to the following conditions as amended: A friendly amendment to the motion was accepted by the motion maker and second to add condition #12, as follows: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The total number of animals, both daycare and boarded dogs, in the facility at one time shall not exceed 50. The number of overnight boarding kennels shall not exceed 30. 3. Staff hours of operation for boarded animals shall be 6:00 a.m. and 8:00 p.m. every day. 4. Customer service hours shall be 7:04 a.m. to 6:30 p.m. Monday through Friday, and 8:00 a.m. to 6:40 p.m. Saturday and Sunday. 5. Inspection by the Animal Control Officer shall occur prior to opening. 6. The applicant shall maintain a current kennel license. 7. The premises shall be open for inspection by the City and the City shall have the right to inspect the premises. 8. All signage is subject to City Code requirements. 9, The perimeter of the site shall be secured with a six-foot privacy fence. 10. The applicant shall provide a revised Site Plan removing the outdoor play area from emergency vehicle access areas, subject to approval by the City Fire Marshal. 11. The designated bathroom area for the animals shall be cleaned daily. 12. A portion of the outdoor play area shall have a canopy/shade area from May 1 through October 1. A vote was taken. All voted in favor. Motion carried: 6-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: January 22, 2009 CASE: 17-CU-14-12-08 APPLICANT: Katie LaBrosse HEARING DATE: January 27, 2009 PROPERTY OWNER: Shawnee Road, LLC APPLICATION DATE: Dee_ 22, .2008 REQUEST: Conditional Use Permit PREPARED BY: Sarah Thomas LOCATION: 1944 Shawnee Road COMPREHENSIVE PLAN: MD, Limited Industrial . ZONING: 1-1, Limited Industrial SUMMARY OF RE VEST The applicant is requesting approval of a Conditional Use Permit (CUP) to allow a dog daycare and grooming facility with overnight boarding and outdoor MIS located at 1904 Shawnee Road, legally described as Lot 4, Block 2, located in the SW 'I4 of Section 17. Kennels are allowed, via Conditional Use Permit, in Industrial Zoning Districts. AUTHORITY FOR REVIEW Conditional Use Permit: City Code Chapter 11, Section 11.40, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit mid the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrin-iental to or endanger the public health, safety, or general welfare of the neighborhood or the City_ B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions, C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood.. Planning Report - Peanut's Place January 27, 2009 Page 2 D, Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systenas and schools, L_ Will not involve uses, activities, processes, materials, equipment and conditions of operations that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors- P.. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Condistates that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan.. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. LACKGROUNDMSTORY The existing I-story, 29,800 square foot warehouse facility was constructed in 1980. The City approved a CbT in 2006 to allow outdoor storage of metal materials and airline equipment. A condition of the approval required evergreen plantings to be installed to screen the storage from public Tights-of-way- The applicant received approval for Peanut's Place dog daycare and overnight boarding of animals at the Town Centre Shops (1248 Town Centre Drive) in 2002 but has outgrown the facility. EXISTING CONDITIONS Shawnee Road, LLC owns the subject office/ware. house, inulti tenant building at 1904-22 Shawnee Road, and the adjacent building at 1948 Shawnee Road.. Keystar Incorporated is presently the only tenant within the building, operating a steel joist and metal deck distribution business The remaining 16,000 square feet (including the proposed Peanut's Place) is vacant. Required parking is provided on the front (north) and south side of the building. All panting areas and rear of building are paved with a bituminous surface. The portion of the office/warehouse building in question is located at 1904-1906 Shawnee Road. Peanut's Place proposes to occupy about 6,040 sq. ft, of space located on the northeast end of the building. Planning Report-- Peanut's Place January 27, 2009 Page 3 SURROUNDING USES The site is surrounded on all sides by properties zoned and guided for industrial uses. This includes Lalronda's restaurant to the northeast which has an outdoor dining patio to the rear of the restaurant- EVALUATION OF RE UEST Proposal - The dog day care is proposed to occupy approximately 6,000 square feet of existing tenant space. The square footage is divided into separate play areas for small and large dogs as well as a play area amongst the kennels. In addition, the applicant proposes 1,800 square feet of outdoor play area, compared to the 80 square feet at the current location- The daycare is proposed to accommodate 50 dogs at one time with up to 30 dogs overnight.. The applicant proposes the outdoor playlbathroorn area to be fenced with a six foot white, plastic fence. This privacy fence, in addition to the evergreen plantings, provides a visual and noise buffer to surrounding properties. The proposed location of the privacy fence encuknbers the necessary emergency vehicle access around the northeast end of the building, approximately 24 feet. The applicant should revise the proposed outdoor play area to remove the fence and play area from this location. According to the applicant, this daycare service is in demand, the client base has grown to over 500 and the business has earned a very popular reputation. Hours of Operation Proposed hours of operation are the same as the current facility, 7:00 a.m. to 6:30 p.m., Monday through Friday and 8:00 a.rn. to 6 p.ni, on weekends. Staff hours to care for the hoarded animals are 6:00 a.rn- to 8:00 p.m.. every dray. The boarded dogs would be keruieled from 8:00 p.m- to 6:00 a_m. A staff member would come at 6:00 a,rn. to let the dogs out in the morning. After the daycare dogs go home in the evening, the overnight dogs would be fed-and let out again before being kenneled inside for the night by 8:40 p.nn Animal Control Officer - The City's Animal Control Officer has routinely conducted inspections of the facility in Town Centre and found it to be satisfactory. The Animal Control Officer should conduct an inspection prior to opening at the new location- SUMMARY/CONCLUSION Peanut's Place is proposing a new location for their dog daycare and grooming facility with overnight boarding and outdoor runs. The daycare facility is designed for 50 dogs and up to 30 dogs to be boarded overnight. The subject site is located within an industrial zoning district with no residential neighbors and the kennel use is allowed, via CUP, in the Industrial Zoning District. A six foot privacy fence is proposed to secure 1,800 square feet of play area; however the play area must be revised so as not to encumber einergency vehicle access to the building. The hours of operation are proposed fion-r 7:00 a. m. to 6:30 p_rn., Monday through Friday and 8:00 a.m. to 6 p.m.. on weekends. q9 PIaniring Report - Peanut's dace January 27, 2009 Page 41 ACTION TO BE CONSIDERED To recornrMnd approval of a Conditional Use Permit (CUP) to allow a dog daycare and grooming facility with overnight: boarding and outdoor runs located at 1904 Shawnee Road, legally described as Lot 4, Block 2, located in the SW !4 of Section 17. If approved the following conditions shall apply: L This Conditional Use Permit shall be :recorded at Dakota County within 60 days of approval by the City Council, 2_ The total number, of animals, both daycare and boarded dogs, in the facility at one time shall Dot exceed 50. The number of overnight boarding kernels shall not exceed.30. 3. Staff hours of operation for boarded animals shall be 6:00 a.m, and 8:00 p.m. every day. 4.. Customer service hours shall be 7:00 a.m. to 6:30 p.m. Monday through Friday, and 5:00 a.m. to 6:00 p.m. Saturday and Sunday. 5. Inspection by the Animal Control Officer shall occur prior to opening. 6. The applicant shall maintain a current kerrnel license. 7. The premises shall be open for inspection by the City and the City shall have the right to inspect the premises. 8. All signage is subject to City Code requirements. 9. The perimeter of the site shall be secured with a six-foot privacy fence.. 10.. The applicant small provide a revised Site Plan removing the outdoor play area from emergency vehicle access areas, subject to approval by the City Fire Marshal. I I, The designated bathroom area for the animals shall be cleaned daily. Engan gaundary ::`-R1gAt-of-vyay Location Map PnParkAron ra [c Rren RuTtdfng Footprhit 4 4 ycr P r Q ❑ ~ t~ r~ 4~ e q CE ~ ~ ~ri7 4 4 L^f rys' f r~ i r! - ~ [a CS L7 ~ ~1 ~ ~ i mn 0 to Subject bite ) p 6 . A7 CY) ~ g Qo ~ d ~ ~ ~ A s[ OQ 3 a ,a ~ f fi ~ O p ~ ~ ' O! 3 ILI 1 4-1 a r' o Ls 9 ' 9 a ur P d0 ~ ION U 1000 2000 Feel Development/Developer. Peanut's Place Application: Conditional Use Permit Case No.: 17-CU-14-12-08 City of Ea THIS NEAP 15 INTENDPla POR REFERENCE USE ONLY W C Tha Clty of Eugan and 1) akota County do not gaan"tea the accuracy of this informaUell and am 11115 Ceram nq Ely a oyntq ma°LR°gaA m°nE not raspsnalb Ia for arrars or amisslnhs. 1 Current Zoning and Comprehensive Guide Plan Peanut's Place Land Use Map Conditional Use Pert 17-CU-14-12-08 Zoning Map 4 1.4 _ PO Q 1'1 Current Zoning: / Limited industrial S f Localfoh t, y r ~F q 411, p 4'0 roar Ci3~' f/,] ~J ~ ~ ~ ~ •fl ~ ~ FCp 6 9 1304 FW em Comprehensive Guide Plan 1~1 1Nq 4 Land Use Map ~ t ~ o 13 ~r _ 01 ct 57 Current Land Use Designation: 1N© Location ( i Limited Industrial P - p GIa '131P it d%*3` ~+-4( ~3 fSTC7 r= I ELM oao P GVC 129A test J/~~ • 4 u L [l ku' a Parcel Lane -P W-rrnauon 13-1dc4 by Aaxow CP.My land Sm"oy 0-p- TncnI D-maar 2a65. N nkr ~`fr} t] { Zuning infottnnT3an m...1vmfdnd by CITY 5uff- , ~ lIt LU tlll THIS MAP 15 INTEND" rOK RErERENCE USE 0NLY The City of i»agan and Dahota }Comnty do oot guarantea the accuracy of fhls fnfarmatinn. 5 d T, l 'rte r 0.,Y.~~•,r,.'-'~~ ~y ; =tii F _-rh q r i _f C''ris wµ.6_ - Sl~T~3yy,,.. - -4µ.✓ - s A 071n hin C;ipyl'igh ['ti52UU7 I'3ct[tmc33-y If:3c371-t 1[n3i:[E CO T. y AERIAL q5 RECEIVED JAN Q 7 2009 Q ins aau vsf vs~- ❑si oleo ~ ~ ~ ~ ~ ~ d ~ ~ ~ ~ C1] rn ~ n °70 o 5-13 p<❑ 70 f ~4~ Q y~A I Y 7Q (31,*~ ~zC~ AR ~j tr r i~T€ rn CR n O-- rn j C~ M _ ?v3 5 ❑ a n m ~ mm~u ~0 > c f-rT o~ 110-foe 110-lot ~rn FLOOR PLAN m ~~6 E Iy L! ~1 ~ C do x~yx til s/ P N 017 $ ~ iR y~~ L ti a 2 r yy yn'` t o c N, '°yS 4 ~ ~ ~o~yD f j4~ ~ y4 ~ M a o A ~ ~~w ` o p Syr cm) p\4N, n ❑y$ 4~ e~ y Irv J~ "e ~ ~ CYO n`~ m ~c♦ 019. r~`~- ~sr y~.+ ~ K Msg. • rat ~ ~ t' ~ 9 [1 ~6i~"'' ~ ' ♦ of v Cr ~ P ` #O N, E, \,tsrfrJ i4tc F~~sG y0C}. 4f s, L `°~.(~~y,,~n o z4 rp y4 ,a3 ~~r p~r~~ 2aF v~~, _ f;.+~o 4y. ♦ \ 4`;olS f a 4 ras F ell r..i~. Y • (rrY `Tg,,aA?i~•' r?r ~ L,• ~-+~r~s A L•Cirya ras~S f ~C~'j~ftf _ cy y y~!g=tikrj C£ ti 4'~'lsn`F. J~ ~ . 4 17 1'~~A-. r`L+`r/ ~~`r~pL4p~: P~ LryJ['E~_. Cn 7 CPr~ 1 yo§~~15~ : tia STf r2r @ r F " n L 4 If'r ti¢-~ as ,c~~ 4 S n~ l ~pv ~ , ~~L•7➢ S ❑ Y] llf O Y~~^d S•D Ap \ ti 1gr ;'[5 rJ ~ ~ ~ yb'4 L~ 'y r7 ^i' ~.W rr~ty a5'e. y.. L~, .y~ °~y TyT \ ~ ~ r 1 ffcs •a ! A+Sti`' y° ~ 's \ tit C0 Cr -N°~ ytr~ 9fl y ro` C7 a`y y 'F' - r° 2ra..~r• . F i -Rs ~r .r. Q a l7~ ~yb yn~ y ~ r~ ~eyr \ J : -A e~'`e~• f ' 1-° J Kf; _ ti t r_ 9• z 9771E 0r ~,t m r a`~ y j o~ y° X27?sib ti ~0$tis~ r~~f ~v sayy o o Y H ~ - ri y CR Wad V[ILESY CRSt4lL~ET PCH p11C. SiO. 7555[A--i•' ~C t 551-7. EMERGENCY ACCESS a ~ r _ s I'd 71 y' f tSD2'3 f a N~ A pR,ciflxLE 111.11 EALSCU;'!V P[R Plxs-•' pLq, OF CC4AR Eif[fslSTftu.i PFRY. ~ ~ [E°~Ri v~s1q L ~Rk ]pL y~tlti.Y ' Y^•ty, ~ g 'I r a N r n Nc r z ° a C7 ._9 ~ Ci r~elf(L}'[~Fl to x ` s r°r f"' J.- c~ y ~ f s+ =r ti> o y SSITE PLAN ~ ~S LOCATION 1904/1906 Shawnee Road Eagan. MN 55122 This is an approximate 6,000 square, feat space at the end of a warehouse/office complex. The space is currently vacant. The building is located directly off of Highway 13, between 77 and Yankee Doodle Road, It is surrounded by other warehouses/offices. We have outgrown our current space, 1248 Town Centre Drive, which we have occupied since March 2003. We believe this proposed location will fit our growing needs. BUSINESS DESCRIPTION Peanut's Place is a dog daycare, overnight boarding & grooming facility that has been in business since March 2003. When we opened there were only two other facilities, like ours, in business. Since then, half a dozen similar businesses have opened in the south metro. This trend indicates the need for our level of dog care. We are the only business of our kind located in Eagan therefore we are a valuable asset to the community. We are open from 7 a.m. to 6.30 p.m. Monday through Friday and 8 a.m. to 6 p.m. Saturday & Sunday. We are staffed from 6 a.m. to 8 p.m. each day. We currently accommodate 20 - 35 dogs per day and, in the new facility, would like to care for 50 dogs per day. We plan on having space for 30 dogs to board overnight. Daycare dogs visit us anywhere from an occasional half day to every day. We offer several daycare packages to best meet our clients' needs. In the almost six years we've been open we have earned a very positive reputation, within the Eagan community and receive many client, veterinarian and kennel referrals. We have a good relationship with. Chuck & Dons, the pet store adjacent to us, our current landlord, MFC Properties as well as other neighboring businesses. UNIQUENESS AND DIFFERENTIATION Within the past 15 years, the idea of dog daycare has become a reality and these centers are opening up across the country. Traditional kennels, realizing this need, have started to offer daycare on a very limited basis. However, kernels are primarily boarding facilities and can not/do not provide the level of care, the amount of exercise and the value of socialization that Peanut's Place offers. At our new location, dogs will be in group play areas and will be separated depending on their size and temperament. We also propose 1800 square feet of outdoor play areas. At our current location we only have an 8' X 10' potty area. This tack of outdoor play space has been a detriment to our business as other dog dayeares offer large outdoor play areas- We feel it is necessary for this proposed space to accommodate market demand. The outdoor area will be enclosed by a C' privacy fence. The area will be picked. up regularly throughout the day and will be sanitized nightly with a diluted bleach/water compound. "Parents" will be able to watch their dogs play via several webeams that will be placed strategically throughout the building. The services we offer create dogs with better behavior because they are adequately exercised and properly socialized. GROWTH AND PROFITABILITY Peanut's Place has grown from a client {ease of zero to one of more than 500. This is due to our high level of care, educated staff, good reputation and market demand, Because most families are two-income households, nobody is at home during the day with the dog and, unlike other pets; dogs need lots of time and attention. People want & need quality dog care and we fill that need. Also, the importance of dog/dog socialization has become a mainstream opinion backed up by quality research. Dogs that are properly socialized have better behavioral patterns than dogs that are not. Due to these reasons, the need for good, personalized care continues to grow. MANAGEMENT AND OWNERSHIP Peanut's Place is owned and managed by Katie LaBrosse and Roberta Venaglia, a daughter and mother team. Katie has 12 years experience in the pet care field, including one year at South St. Paul Animal Hospital, two years managing Silver Dog Bed & Biscuit (dog kennel), two years as owner of Heart's Content (pet sitting business) and six years as co-owner of Peanut's Place. She h", also taken various business classes at Inver Hills Community College. Roberta was a business administrator for nineteen years in which her duties included accounts payable and receivable, payroll, talc reports, overseeing all accounts, publications/newsletters. The two create a good team because of the different assets they offer the business. Agenda Information Memo February 3, 2049 Eagan City Council Meeting D. ORDINANCE AMENDMENT -AIRPORT NOISE ATTENUATION ORDINANCE ACTION TO BE CONSIDERED: To approve (or deny) a recommendation by the Advisory Planning Commission to apply the requirements for sound attenuation construction methods under the ordinance to properties that have previously received sound attenuation treatments under the original MAC sound insulation program, if those homes are demolished and replaced by new homes. And To approve an Ordinance Amendment to City Code, Chapter 11, adopting land use standards and policy boundaries relating to airport noise attenuation for property in vicinity of the Minneapolis-St. Paul International Airport. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ As part of its 2441 Comprehensive Guide Plan Aviation Section, one of Eagan's goals was to consider the adoption of a noise attenuation ordinance to permit the city to require noise attenuation construction techniques for buildings in the noise zones. ➢ On June 13, 2005, the City Council authorized the drafting of a noise attenuation ordinance. A draft ordinance was prepared, based on the Metropolitan Council's model ordinance, but before it was completed, the City entered into the lawsuit with the Metropolitan Airports Corrunission and the project was put on hold. In 2008, the lawsuit was settled and the agreement took effect including the requirement that the affected cities consider the adoption of a noise attenuation ordinance by September 1, 2008. At a workshop meeting on August 26, 2008, the Eagan City Council further considered an ordinance and provided direction as to its scope. ➢ As a result of Council direction, a Noise Attenuation Ordinance was drafted that partially incorporates preventative noise measures found in the Metropolitan Council's Land Use Compatibility Guidelines and Model Ordinance, but limits its application to only development associated with new subdivisions, land use/zoning changes, or Planned Development Amendment requests. II ➢ At its regularly scheduled meeting on January 27, 2009, the Advisory Planning Commission recommended approval of the draft ordinance and further recommended that a provision be included that requires homes that are rebuilt on properties occupied by homes previously treated under the MI AC sound insulation program meet the ordinance standards if replaced or damaged. The basis for the additional recommendation is outlined in the Issues section below. ISSUES: ➢ One issue raised since the prior Council discussion and direction is that many homes located within the previous 65 DNL contour have already received sound attenuation improvements through the original MAC sound insulation program. ➢ While the Council's general direction was not to propose noise attenuation standards for properties that were not subject to subdivision or planned development conditions, if one of the MAC sound insulated homes were destroyed by a fire or storm or was demolished to be replaced by a new home, they would not be subject to a subdivision or Planned Development conditions under the base ordinance. l'he issue is whether a new home that replaces a sound insulated home should be required to be sound attenuated as the original home on the property was. ➢ If the Council wishes to add language to the proposed ordinance to address this potential situation, staff and the City Attorney's office have prepared optional language that would be added to the ordinance under the action to adopt the amendment. A base ordinance along with an optional version that includes the MI AC sound insulation reconstruction provision, will be provided Monday February 2, for review. ATTACHMENTS: (3) ➢ Draft January 22, 2008 APC minutes on age 100-1.1t)l ➢ Staff report on pagesioa through ➢ Draft Ordinance for Chapter I I (will be made available Monday February 2). ➢ Optional Ordinance that includes extension of sound attenuation requirements ~ to reconstruction of homes that previously received MAC sound insulation improvements (will be made available Monday February 2). i i Advisory Planning Commission January 27, 2049 Page 7 of 8 D. Noise Attenuation Ordinance Applicant Name: City of Eagan Location: City of Eagan - Application: Ordinance Amendment An Ordinance Amendment to Chapter 1 of the City Code, adopting land use standards and policy boundaries relating to airport noise attenuation for property in the vicinity of the Minneapolis-St. Paul International Airport. File Number: 01-OR-01-01-09 Mr. Hohenstein introduced this item and highlighted the information presented in the City Staff report dated January 13, 2009. He noted the background and history of the issue, its relationship to previous land use decisions and the process the City has used in the past to apply sound attenuation conditions on new development approvals for noise sensitive uses within the noise policy contours. He stated that the Council had reviewed the issue during 2008 and had given general direction regarding its expectations for the standards and application of the ordinance. He said that in large part the amendment would codify the City's past practice. He noted that part of the Council direction had been to not apply the ordinance to additions or remodeling of buildings that were not subject to sound attenuation conditions through their subdivisions or PDs in the past. He noted, however, that an issue had been identified since the Council discussion pertaining to homes that had received sound attenuation improvements thro-ugh the prior MAC sound insulation program. He discussed the merits of applying the requirements for sound attenuation construction methods under the ordinance being to those properties, if those homes are demolished and replaced by new homes and asked the Commission to consider a recommendation as to whether that addition to the base ordinance should be considered by the City Council. Vice Chair Chavez opened the public hearing. There being no public comment, Vice Chair Chavez closed the public hearing and turned the discussion back to the Commission. Member Keeley moved, Member Zoberi seconded a motion to recommend approval of an Ordinance Amendment to Chapter 11 adopting land use standards and policy boundaries relating to airport noise attenuation for property in vicinity of the Minneapolis-St. Paul International Airport. A vote was taken. All voted in favor. Motion carried: 5-0. Member Filipi abstained from voting on this item because of his employment by the Metropolitan Council. Member Keeley moved, Member Zoberi seconded a motion to recommend that the requirements for sound attenuation construction methods under the ordinance be applied to properties that have previously received sound attenuation treatments under the MAC program, if those homes are demolished and replaced by new homes. There was discussion on partial construction and the building requirements for the new and existing portions of the home. I 'II ~ oa Advisory Planning Commission January 27, 2009 Page 8 of 8 Member Dugan stated support for the optional language because partial construction would require that new building codes and energy standards be followed for the new portion of the home, rather then requiring complete updating of both the new and existing portions. A vote was taken. All voted in favor. Motion carried: 5-0. Member Filipi abstained from voting on this item. VI. VISITORS TO BE HEARD (FOR THOSE NOT ON AGENDA) There were no visitors to be heard for items not on the agenda. VII. OTHER BUSINESS Mr. Hohenstein stated no applications have been received for the February Advisory Planning Commission meeting thus far. VIII. ADJOURNMENT Member Zoberi moved, Member Filipi seconded a motion to adjourn the Advisory Planning Commission meeting at 7:23 p.m. A vote was taken. All voted in favor. Motion carried 5-0. Respectfully Submitted by: Dana Keeley APC Secretary Camille Worley Recording Secretary PLANNING REPORT CITY OF EAGAN REPORT DATE: January 13, 2009 CASE: 01-OR-01-01-09 APPLICANT: City of Eagan FEARING DATE: January 27, 2009 PROPERTY OWNER: NA APPLICATION DATE: NA REQUEST: Amendment to Chapter 11, adopting PREPARED BY. Erik Slettedalil Airport Noise Attenuation Standards LOCATION: City-wide COMPREHENSIVE PLAN: NA ZONING: IAA SUMMARY OF REQUEST The City of Eagan is requesting an Arzendment to City Code, Chapter 11, adopting land use standards and policy boundaries relating to airport noise attenuation for property in vicinity of the Minneapolis-St. Paul International Airport. AUTHORITY FOR RE, VIEW City Code Chapter 11, Section 11.40, Subdivision 5 states, in par[: 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of'auy district may only be made by an affirmative vote of two-thirds of all members of the council. While state law prohibits cities from adopting standards more substantial than the Building Code, State Statute provides an exemption for cities choosing to adopt a noise attenuation ordinance to "in-rplement the Metropolitan Council's guidelines for land use compatibility with aircraft noise". BACKGROVNDIHISTORY The City of Eagan has a long history of land use plaruming acid policy development related to the proximity of the Minneapolis-St. Paul hitemational Airport and the presence of aircraft flights oven various parts of the conununity_ During the 1970's and 1980's, a number of agencies led by the Metropolitan Council and Metropolitan Airports Conirnission developed the first Airport Noise Exposure Maps, which were intended to assist cities in anticipating noise impacts as part of their land use plaru-iing decisions. S€irce the City of Eagan was not largely developed at this time, it made Planning Deport Ordinarree Amendment Noise Attenuation January 27, 2009 Page 2 of 4 use of the Noise Exposure Maps in its early land use planning efforts. The decisions made on that basis worked to minimize aircraft noise impacts by nainirnizing residential land uses within and near the areas of the City that were expected to have the greatest concentration of aircraft overflights, Mime residential development did occur in northern Eagan, noise effects were offset by the MAC's Sound Insulation Program, which provided souzad insulation retrofits to a number of homes in northern Eagan that were within the 65 Ldn contours. The Metropolitan Council Aviation Policy flan of 1995 anticipated further future impacts of the planned noifl-i-south runway and provided a frantework for affected cities to plan preventative measures in their pending Cornprelaensive Plan updates.. As part of its 2001 Comprehensive Guide Plan Aviation Section, one ofEagan's goals was to consider the adoption of a noise attenuation ordinance to permit the city to require noise attenuation construction techniques for buildings in the noise zones- On June 13, 2005, the City Council authorized the draftiaag of such an ordinance.. A draft ordinance was prepared, based on the Metropolitan Council's model ordinance, but before it was completed, the City entered into the lawsuit with the Metropolitan Airports Commission and the project was put on hold. Earlier this year, the lawsuit's settlement agreement tools effect including the requirement that the affected cities consider the adoption of a noise attenuation ordinance by September 1, 2008_ At a workshop nneeting on August 26, 2008, The Eagan City Council further considered an ordinance and provided direction as to its scope- Tlris consideration satisfied this requirement in the Consent Decree. EXISTING CONDITIONS Tlie Metropolitan Council provides direction for conulnrnities affected by airport noise ill its Transportation Policy Plan (TPP) under its Aviation Chapter. Specifically, direction for compatible land rases within noise policy areas is found in the TPP's appendix, "Land Use Compatibility Guidelines for Airport Noise".. The City of Eagan has itrcorporated the current Noise Exposure Zones as part of its Zoning Map and City staff'regularly applies the associated standards during the development review process- These standards are implemented within development agreements when warranted, The resulting implementation may result in requiring interior noise levels to be within established standards or simply discouraging a land use if the use is deemed incompatible to these guidelines.. So to the extent that new construction within the Noise Exposure Zones requires a land use approval, the development review and approval will account for and require an appropriate level of noise attenuation in the construction of the buildings. In those circumstances in wbicb construction in the Noise Zones or buffer area does not require a development approval, such as construction of a new home on a remnant lot, a tear dowry and replacement of previously existing bonne or substantial additions to existing homes, the City does not have a tool to insure that the same standards are met- In addition, the Noise Exposure Policy Areas established in these guidelines have included a one mile "buffer" zone around the four Noise b-npact Zones that cities may use as part of their land use and noise attenuation planning- Eagan has chosen to apply the buffer zone in its Comprehensive ~V~ Planning Report Ordinance Anendinent-Noise Attenuation January 27, 2409 Page 3 of 4 Plan and development decisions, because it partially accounts for the subjective perceptions of airport noise variation and addresses a range of variability in noise impacts. The buffer generally becomes an extension of Noise Zone 4. EVALUATION OF REQUEST The City's general policy position has been to value the airport as an econornic asset and one of the drivers of our local economy, while worldng diligently to minimize the noise impacts that accompany its operations. The Metropolitan Council Model Ordinance was designed as a tool to assist conirnunities affected by airport noise with minimizing these impacts and adopts the use compatibility standards and scope of implementation as provided in the Land Use Compatibility Guidelines. At the City Council's workshop on August 26, 2008, the Council reviewed information provided by staff regarding the bistory and implementation effects of noise attenuation alternatives and agreed to limit its scope to only new development associated with a subdivision proposal, land use/zoning change proposal or Planned Development Amendment requests. As a result, a draft Ordinance using the Metropolitan Council model as a base was prepared by Staff that partially adapts the Land Use Compatibility Guideline criteria, but eliminates application references to additions or in-fill construction on existing lots of record- The resulting ordinance essentially formalizes review and implementation requirements currently used by City Staff during its normal development review process. One issue has been raised since the Council discussion and direction that should be addressed prior to final adoption of the ordinance. While the general direction was not to propose noise attenuation standards for properties that were not subject to the them through subdivision or planned development conditions; it has been noted since that time that the homes that received noise attenuation improvements through the MAC sound insulation program have met those requirements by a different method. If one of those homes was destroyed by a fire or storm or was demolished to be replaced by a new borne, they would not be subject to a subdivision condition, but it is arguable that the home that replaces the lionrc that received sound attenuation treatment should meet tire same standards. If the Commission wishes to recommend that the properties that received the benefit of attenuation in the past should meet the same standards upon reconstruction, an optional action is included below. SUMMA RY/CONCLUSION Tire City of-Eagan values the airport as an important asset and has a long history of minimizing noise impacts frorn its operation- As a result of prior Council direction, a draft Noise Attenuation Ordinance is provided here for review that partially incorporates preventative noise measures found in the Metropolitan Council's Land Use Compatibility Guidelines and Model Ordinance, but limits its application to only development associated with new subdivisions, land use/zoning changes, or Planned Development Amendment requests,. Panning Report Ordinance Aniendrnent-Noise Attenuation January 27, 2009 Page 4 oF4 ACTION TO BE CONSIDERED To recommend approval of wi Ordinance Amendment to Chapter ] X adopting land use standards and policy boundaries relating to airport noise attenuation for property in vicinity of the Minneapolis-St. Paul International Airport.. And Optional: To recommend that the requirements for sound attenuation construction methods under the ordinance be applied to properties that have previously received sound attenuation treatments under the MAC program, if those hotnes are demolished and replaced by new homes. I I d~ fop,' € Y ~ 4 ~ i ~ • ~ `k , ` ~ IL _ LT ~ ~~1_-` Z ~ }ice F. 1= ~ J• ~ ` ~ - 55 t ~ a v ~ Yankee baodls Rd - Aiz 411 ~3 Rat _ Legend 2007 MSP Noise Contours and Residential Uses Noise Exposure Zones Noise Policy Areas Zone 1 (75+ DNL) Municipal Boundary Zane 2 (70-75 DNL) depfas•p MA<.u.wy.::e i'td mvm.t~4 ~~KH i! CiR Pui lP fY ge~rt Fist3IIe.Cwmxni h.. M.n .aYN'ie SrpN 2007 0rdit Mitigated •d...rx.,rx~, F:~-. V.~ . gIub Hre.v feV:~wn vcror3 Woo ~.amn i.prsa c kC Ox..+rn .~eo n ?tzx Zone 3 (65-70 DNL) DNL Noise Contours ~rorox.c aw.p. MVO rR kd.•aw .un nw••u r~e:p7r~w r~ux.w a.v r+~~ee.reu.e ~ .«~na.n*7 ~~y o a un mss . (L~`~t} Zone 4 (60-65 DNL) 1;n tia'sw, /:w ~>aP~q tvrr+um uA P. Y~i of Eai.n frsrtti .yi. rscie:eventnNW ....y.u u.rraed mniea:ekN tv.exe.drn Ga~pm.s_a ir+enm, e.prnktr tlfa~rurl W - n of pruA.=vrva~~. Trwr.rs.uwainkap..w.u~ N4l58 $OifeF zOr12 vn.n~~.~r.ra._a~Kr,a~i.~~.swrwpa~~=L.ti~un, N 0.5 f 2 n~ie"ywsn.~..~:., o r w a r u. d a~ kaw w d n.a.ra..ww mn~ ur..r~.~n.e.a Miles Ciq of AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER February 3, 2049 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. Approve EDA Minutes D. OLD BUSINESS E. NEW BUSINESS 1. PUBLIC HEARING for Resolution to Submit Minnesota Investment Fund Application for Biothera Expansion 2. EDA Organizational Business F. OTHER BUSINESS G. ADJOURN Agenda Information Memo Eagan Economic Development Authority Meeting February 3, 2009 NOTICE OF CONCURRENT ACTIONS The Council acting as. the Board of Commissioners of the Economic Development Authority ("EDA") may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the Agenda as presented or modified. C. CONSENT AGENDA ACTION TO BE CONSIDERED: To approve the Consent Agenda as presented or modified, • MINUTES -The minutes of the January G, 2009 EDA meeting are enclosed on pagesIO-1 I D !I II i MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota January 6, 2009 A meeting of the Eagan Economic Development Authority was held on Tuesday, January 6, 2049 at the Eagan Municipal Center. Present were President Maguire, Commissioner Fields, Commissioner Bakken, and Commissioner Hansen. Commissioner Tilley was absent. Also present were Executive Director Hedges, Community Development Director Hohenstein and City Attorney Dougherty. ADOPT AGENDA Commissioner Bakken moved, Commissioner Fields seconded a motion to approve the agenda as presented. Aye: 4 Nay: 0 CONSENT AGENDA Commissioner Bakken moved, Commissioner Fields seconded a motion to approve the Consent Agenda as presented. Aye: 4 Nay: 0 1. It was recommended to approve the minutes of the December 1, 2048 EDA meeting as presented. 2. Schedule Public Hearing for Biothera MIF Application for February 3, 2009. OLD BUSINESS There were no Old Business items. NEW BUSINESS CEDAR GROVE REDEEVLOPMENT DISTRICT TERMINATION OF UNITED PROPERTIES PRELIMINARY DEVELOPMENT AGREEMENT Community Development Director Hohenstein discussed the proposed termination of the United Properties Preliminary Development Agreement. Commissioner Bakken moved, Commissioner Hansen seconded a motion to approve the termination of the Preliminary Development Agreement with United Properties for the assembly of parcels for the redevelopment of property in the North District of Cedar Grove Redevelopment District. Aye: 4 Nay: 0 OTHER BUSINESS There were no Other Business items. ADJOURNMENT Commissioner Bakken moved, Commissioner Hansen seconded a motion to adjourn the meeting at 8:31 p.m. Date Thomas Hedges, Executive Director Agenda Memo Eagan Economic Development Authority Meeting New Business February 3, 2009 - E. NEW BUSINESS 1. PUBLIC HEARING TO CONSIDER A RESOLUTION FOR DEED FUNDING APPLICATION FOR EXPANSION OF BIOTHERA ACTION TO BE CONSIDERED: To consider a resolution authorizing execution. of a Minnesota Investment Fund Application for expansion of Biothera at 3388 Mike Collins Drive. FACTS: • Biothera is an Eagan based Biotechnology company dedicated to improving immune health. Biothera operates two business groups, a pharmaceutical group focused on an immune therapy dreg designed to enhance cancer treatment, and a healthcare group focused on commercializing their technology through patented food-grade ingredients. • The company is planning an expansion that qualifies for DEED Minnesota Investment fund financing, for which the City would act as a conduit. A more detailed narrative of the company and expansion is attached. • Minnesota Investment Fund grants are awarded to local government units who provide loans to assist expanding businesses. All projects must meet rninimuzn criteria for private investment, number of j obs created or retained, and wages paid. After an award is granted, the local Ludt of government creates and facilitates the loan documents. • The City business subsidy policy also requires wage and job growth/retention standards. Biothera's funding request was measured against these policies and found to exceed all requirements. ■ At its meeting of September 2, 2008, the EDA authorized staff to work with Biothera and DEED to complete necessary background and application materials. As a part of the forma[ process for funding, the City Council is to consider a resolution to support and authorize the project application at a public hearing. • The DEED application process requires detailed background and financial information to be reviewed by the City. Biothera has provided this information and it was found to be satisfactory by the City's financial consultants, Ehlers and Associates. Ehlers' review summary and the City Attorney's judgment search are attached. • The City has drafted a loan agreement that is available for review upon request:. The amount of the loan is $350,€700 and the term shall be seven (7) years with an interest rate of four percent (4 per annum. Biothera representatives have indicated that the terns of the agreement are generally acceptable. 11e agreement will be returned to the EDA for separate action at such time as the funding is awarded to the project by the state. ATTACHMENTS: • Location reap of subject property on page • Ehlers' bacl(ground report summary letter on "pages. through flj • Judgment search review (Summary of Search Results) on pager 0 Resolutions on pages t? through Eagan Boundary Pacek Area Location Map Ri rcel Area Park Area Building Footprint i € 7 , oa o Subject Site - - - - e. xs rr~a~Kereeeece-Kn~.... _ F3 Q 1 is ~p OU-4pf 4 P an a a p ra t°~U3 - 9000 0 9000 2000 Feet Development/Developer. Blothera (3388 Mike Collins Or) Application: MIF Application Case No.. City of Satan THIS MAP IS INTENDED FOR REFERENCE USE ONLY ~3V ►fl~ F The Clty of Eagan anti Dakota County do not guarantee the accuracy of this informat€on and are 3 Comm 4nity peve lopme nt nepa rtment not res pens€h le for errors or omisslo ns. EHLERS & ASSOCIATES INC Tanuary 29, 2009 Mr. Jon Hohenstein, Community Development Director City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Mr. Hohenstein: Per your request, Ehlers has completed a financial review of Biothera to include with the Minnesota Investment Fund (MF) Application. The analysis included the review of Biothera's and Bioploymer Engineering, Inc.'s financial statements and annual repot, a Credit Status Report, as well as review of information available from Dun & Bradstreet and other online resources. Biothera currently leases 24,000 square feet, which includes a 1,700 square foot research laboratory. They are proposing a 4,600 square foot expansion to the laboratory space as well as 7,400 square feet of office and conference roomlwarcliouse space. The request for a $350,000 A4 1F loan is to assist with the purchase of machinery and equipment. Biothera is a Minnesota biotechnology company founded as Biopolymer Engineering, Inc. in 1997; the business name was changed to Biothera in 2005. The company is dedicated to improving immune health and is developing a natural gluco polysaccharide. that targets and directs innate immune system function. Their compound is a biological response modifier that triggers immune cells to recognize and destroy pathogens, including a new mechanism for killing cancer. Biothera is commercializing their technology through two business groups: the Pharmaceutical Group and the Healthcare Group. Biothera is a privately held group. Richard Mueller is the Chief Executive Officer; Steven Karel is the. Chief Operating Officer; and William L. Gacki is the Chief Financial Officer. Fifty-five percent of the capital stock is owned by officers, and 45 percent is owned by private investors. Per the recommendations in the MIF Application, lien searches and name searches were completed, and no activity concerning the business or majority stockholders was identified. Biothera is recognized as a financially stable and profitable company. They have a low risk of financial stress over the next year. Both the Dunn and Bradstreet Report and the Credit Status Report were reviewed and were found to be satisfactory. There were no Judgments, Federal Tax Liens, State Tax Liens, County Tax Liens or Federal Judgments against the involved parties as of 119109 per the searches completed by Dakota County Abstract Company. (See attachment) LEADERS IN PUBLIC FINANCE €1 1 3o6o Centre Pointe Drive Phone: 65x-697-8516 Fax: 65x-697-8555 Roseville, MIDI 552i3-zao5 rkurtz@ehiers-inc.com In conclusion, fiorn the documents obtained and information reviewed by Ehlers, it appears that Biothera is a financially stable corporation and is not involved in pending legal action that would change their financial position at this time. All businesses will be challenged in this economic climate, - for however long it lasts. Biothera will face some of the same challenges; however, they enter this challenge with an adequate balance sheet and historic cashflow. The loan to value ratio remains in support of the expansion project. If you have questions, please do not hesitate to contact me at 651-697--8516. Regards, Rebecca L. Kurtz Financial Advisor, Ehlers & Associates, Inc. SUMMARY OF SEARCH RESULTS: A. Biopolymer Engineering, Inc. B. Biotherma 1. There were no Judgments, Federal Tax Liens, State Tax Liens, County Tax Liens or Federal Judgments against either of the above names as of 1/9/49 per the searches completed by Dakota County Abstract Company. 2. There were 18 UCC Fixture Financing Statements, wherein Biopolymer Engincering, Inc. and/or Biopolymer Engineering, Inc. DBA Biotherma are the Debtors, with the following parties are Creditors per the searches conducted by Dakota County Abstract Company of the records of the Minnesota Secretary of State, (NOTE: The initial printouts from the Secretary of State's Office identity DTNs only with no further description of the item/equipment secured.): a. Santa Barbara Bank & Trust Leasing and Leaf Funding Inc. (1) b King Holdings (2) C. Steve and Barbara King (2) d. Venture Bank (1) e. US Bancorp (2) f. Creekridge Capital LLC (2) g. M & I Marshall & Illsley Bank and Creekridge Capital LLC (1) h. M & I Marshall & Tllsley Bank (3) i. Diversified Dynamics Corporation (1) j. David A. Den; Todd Eberhardt; Mark and Mary Bloom; and Dennis and Elizabeth Brandanger (1) k. Richard Pfister (1) 1. Queenwood Capital Partners, LLC (1) NOTE: None of the alcove UCCs have lapsed. ~E~ CITY OF EAGAN RESOLUTION-MINNESOTA INVESTMENT FUND, EAGAN CITY COUNCIL-BInTH_ERA EXPANSION BE IT RESOLVED that the City of Eagan (Applicant) act as the legal sponsor for project contained in the Business and Community Development Application to be submitted on February 4, 2009 and that the City Administrator (Title of First Authorized Official) and the Director of Community Development (Title of Second Authorized Official) are hereby authorized to apply to the Department of Trade and Economic Development for funding of this project on behalf of the City of Eagan (Applicant). BE IT FURTHER RESOLVED that the City of Eagan (Applicant) has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate construction, operation, maintenance and replacement of the proposed project for its design life. BE IT FURTHER RESOLVED that the City of Eagan (Applicant) has not incurred any costs and has not entered into any written agreements to purchase property. BE IT FURTHER RESOLVED that the City of Eagan (Applicant) has not violated any Federal, State, or local laws pertaining to fraud, bribery, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED that upon approval of its application by the state, the City of Eagan, (Applicant) may enter into an agreement with the State of Minnesota for the above-referenced project, and that the City of Eagan (Applicant) certifies that it will comply with all applicable laws and regulations as stated in all contract agreements and described on the Compliance Section (S-7) of the Business and Community Development Application. AS APPLICABLE, BE IT FURTHER RESOLVED that the City of Eagan (Applicant) has obtained credit reports and credit information from Biopolymer Engineering Inc. DBA Biothera (Name of Company}-. Upon review by the City of Eagan (Applicant) and Severson, Sheldon Law Firm, (Applicant's Legal Counsel), no adverse findings or concerns regarding, but not limited to, tax liens, judgments, court actions, and filings with state, federal and other regulatory agencies were identified. The search identified one default judgment in the amount of $1,601 from 2000 which is not yet closed. The judgment does not appear to be material to the application. Failure to disclose any such adverse information could result in revocation or-other legal action. NOW, THEREFORE BE IT RESOLVED that the City Administrator (Title of First Authorized Official) and the Director of Community Development (Second Authorized Official), or their successors in office, are hereby authorized to execute such agreements and amendments thereto, as are necessary to implement the project on behalf of the applicant. i CERTIFY THAT the above resolution was adopted by the City Council of the City of Eagan (Applicant) on February 3, 2009. SIGNED: WITNESSED: City Administrator Eagan City Clerk (Title) (Date) (Title) (Date) S-8 CITY OF EAGAN RESOLUTION-MINNESOTA INVESTMENT FUND, EAGAN EDA-BIGTHERA EXPANSION BE IT RESOLVED that the City of Eagan (Applicant) act as the legal sponsor for project contained in the Business and Community Development Application to be submitted on February 4, 2009 and that the EDA Executive Director (Title of First Authorized Official) and the EDA Deputy Executive Director (Title of Second Authorized Official) are hereby authorized to apply to the Department of Trade and Economic Development for funding of this project on behalf of the City of Eagan (Applicant). BE IT FURTHER RESOLVED that the City of Eagan (Applicant) has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate construction, operation, maintenance and replacement of the proposed project for its design life. BE IT FURTHER RESOLVED that the City of Eagan (Applicant) has not incurred any costs and has not entered into any written agreements to purchase property. BE IT FURTHER RESOLVED that the City of Eagan (Applicant) has not violated any Federal, State, or local laws pertaining to fraud, bribery, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED that upon approval of its application by the state, the City of Eagan, (Applicant) may enter into an agreement with the State of Minnesota for the above-referenced project, and that the City of Eagan (Applicant) certifies that it will comply with all applicable laws and regulations as stated in all contract agreements and described on the Compliance Section (S-7) of the Business and Community Development Application. AS APPLICABLE, BE IT FURTHER RESOLVED that the City of Eagan (Applicant) has obtained credit reports and credit information from Biopalymer Engineering Inc. DBA Biothera (Name of Company). Upon review by the Eagan EDA (Applicant) and Severson, Sheldon Law Firm, (Applicant's Legal Counsel), no adverse findings or concerns regarding, but not limited to, tax liens, judgments, court actions, and filings with state, federal and other regulatory agencies were identified. The search identified one default judgment in the amount of $1,601 from 2900 which is not yet closed. The judgment does not appear to be material to the application. Failure to disclose any such adverse information could result in revocation or other legal action. NOW, THEREFORE BE IT RESOLVED that the EDA Executive Director (Title of First Authorized Official) and the EDA Deputy Executive Director (Second Authorized Official), or their successors in office, are hereby authorized to execute such agreements and amendments thereto, as are necessary to implement the project on behalf of the applicant. I CERTIFY THAT the above resolution was adopted by the Eagan Economic Development Authority of the City of Eagan (Applicant) on February 3, 2009. SIGNED: WITNESSED: EDA Executive Director Eagan City Cleric (Title) (Date) (Title) (Date) S-7 Agenda Information Memo Eagan Economic Development Authority Meeting February 3, 2009 2. ORGANIZATIONAL BUSINESS a. Election of Officers ACTION TO BE CONSIDERED: To elect/appoint officers of the Eagan Economic Development Authority. FACTS: ■ As a part of its annual organ izationa I business, the EDA elects its officers and appoints its Executive Director and Secretary/Deputy Director. • In 2008, the officers of the Authority were as follows: President: Mike Maguire Vice President: Peggy Carlson Treasurer: Paul Bakken Executive Director: City Administrator Tom Hedges Secretary/Deputy Executive Director: Community Development Director Jon Hohenstein b. 2009 Meeting Schedule -No Action Necessary FACTS: • Linder its bylaws, the Eagan Economic Development Authority's regular meetings are scheduled to coincide with the regular meetings of the City Council. ■ At its meeting of December 1, 2003, the EDA confirmed the meeting schedule defined in the bylaws and adopted a mechanism by which the Authority may cance[ such meetings as a part of the adoption of the City Council agenda if no EDIT business is in order on that date. Staff is recommending that this schedule and process continue for 2009, c. Single Action for EDA and Council Resolutions --No Action Necessary FACTS: In 2004, the City Council also adopted a process by which the actions that are required to be taken by both the City Council and the FDA can be accomplished through a single motion. Under this process, the Council meeting remains in session (does not recess) when the EDA meeting is convened. For each business item that requires an action by both the EDA and the Council, two resolutions are included in the background and one motion by the Council, also hearing the item as the EDA, approves both resolutions. At the completion of the EDA Business items, the EDA meeting is adjourned and the remainder of the Council meeting is completed. Agenda Information Memo Eagan Economic Development Authority Meeting February 3, 2003 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.