2700 Lone Oak Pkwy - Planned Development AgreementLONE OAK HEIGFITS
PLANNED DEVELOPMEN'T AGREEMENT
CITY OF EAGAN
DAKOTA COUNTY, TfLNNES(YfA
THIS PLAi313ED DEVELOPM= AGREEMENT, made and enteted into this day of
Minnesota, (Eagan),
1396 Lone Oak Road,
, 19 , by and between the CITY OF EAGAN, Dakota County,
and MaItin Shields and Myrtle Shields with address at
Eagan, MN (Owner), and Thomas W. Prokasky
with address at 1102 W2sley Temple Bldg, Mpls, (Developer).
' S5403
WITNF.SSETH:
WHEREAS, Developer proposes a Planned Development in F.agan to be known as
CL-on'e Oak Hei-ghts-7 pT]D (the Development) more particularly described
in Exhftits attached hereto and incorporated herein by reference (the Exhibits),
conta
fourteen (14)
acres of land
more or less, sald land legally described in Exhibit "A" (the Suhject Land); and
Whereas, IIeveloper and 0-wztez have agreed that Developer may proceed with the
Development and terms of this Agreement; and,
WF3EREAS, it Ss the intention of Developer to proceed with the Development
whezety the Subject Land will be subdivided pursuant to Minnesota Statutes,
Chapters SOS and 462, and the Subdivision Ordinance of Eagan providing for the
platting of land and to obtain final approval from Eagan for plats as the
Devzlopment progresses;
NOW,THEREFORE, it is hereby agreed by and between the parties hereto as
follows:
1) Development. Owner intends to have Developer develop the Subject Land
substantially in accordance with the general plans shown on the Exhibits and Eagan
agrees to permit the Development subject to obtaining final approval for each plat
of the Development from Eagan before proceeding, with any wrk on said plat, unless
otherwise agreed by Eagan. In the event thst [he agreement between the Oc,mer and
Developer relating to the development of the Subject Land is terminated, and this
Agreement has not been terminated, then wherever Developer is designa[ed herein
Ovner shall, upon writ[en notice to EaRan, be automatically substitu[ed to and
for Developer and be subject to all abligatiors, conditions, ze(juirements, and
provisions of Developer, and be entitled to all rights and benefits herein re2atting
to Deve2oper.
2) Exhibi[s. The Exhibits attached here[o, incorporated herein by zeference
and made a part of this Agreement are:
Exhibit "A" - Legal Description
Exhibit "B" - Ske[ch Plan
Exhibit "C" - parke, Wetlands and Circulation Plan
Exhibit "D" - Lend Uee Plan
Exhibit "E" - Dedicated Areas Requirements and Credit
FSchibit "F" - Street Acceas Mep
Exhibit "G" - Denaity Chart (Eagan Ordinance 52.07, Subd. SB)
Exhibit "fl" - Staging Plan
3) Approval by Eagan. Eagan hereby approvea the Development as shown in
the Exhibits; provided, however, that insofar as the Exhibits may vary from the
written terms of thie Agreement, said written terms shall govern.
4) Term of Planned Development. Developer shall complete the Development
vithin five (5) years from the date hereof, so long as F.agan grants timely
approval of each plat of the Development, and the Agreement shall be subject to
annual review by the City of Eagan.
5) Rezoning. On Februarv 18. 1975 , Eagan re2oned the Subject
Land to PZanned Developmen2 District pursuant to the current Eagan Ordinance No.
52, as amended to August 17, 1976, governing Planned Development Districts. Any
removal of the superimposed Planr.ed Development District zoning or termination of
this Agreement shall automatically result in the Subject Land being zoned only
as the preexisting zoning classification, R-3 R-4 Residential Townhouse and Multiple.
6) Density. Density of housing units (Lnits) in the Development shall
be as more particularly shown in Exhibit "D"; provided, however, that the
following specific conditions shall apply with respect to density:
(O1) Eights (80) dwelling units constructed as one apartment building
and sixty-two (62) dwelling units constructed as townhouses.
(02) Densities shall be as shown on the Density Chart (Exhibit "G").
The number of units specified in this paragraph is a maximum; Iess density
shall be permitted in Developer's sole discretion.
7) Major Street Dedication. Owner and Developer agre2 to dedicate as a
part of each plat all streets, except private driveways or parking areas, within
such plat. Dedication shall be made for streets within a plat upon recording of
the final plat. Eagan's approval of a final plat shall 3nclude an assumption
of the public duty to maintain the dedicated street or streets vhen construction
is completed according to plans approved by Eagan.
A[ the time of final plat approval, Developer shall dedicate such pazt of the
Subject Land as necessary to provide the following widths for that portion of
the following major thoroughfares lying vithin the approved plat.
(01)County Road 31 - 150 feet
(02) County Road 26 - 100 feet
2
In the event any of the abwe thoroughfares abut land not aubject to this
pgreement, the Developer shall only dedicate one-half of the necessary right-of-
vay to provide the abave-stated widths. Street widths not deecrlbed above shall
comply with applicable provisions of the Eagan Subdivision Ordinance at the time
of approval of the appropriate preliminary plat.
8) Majoz and Minoz Street Access. Developer shall have access to major
thoroughfares abutting platted lands as agreed upon between the parties at the
time of each plat. Approval of a final plat shall pezmit access to majoz
thoroughfares only as shown on Exhibit "G" or, in the altemative, the Developer
ehall deliver to recordable covenants restricting access for the part3cular
plat to those locations show on Exhibit "G". However, if subsequent events,
particularly development on the opposite sides of said major thorouRhfares,
indicate that additional accesses are advisable based on sound planning practice,,
Eagan agrees to reasonably consider Developer's application for said additional
access.
9) Assessments. The parties mutually agree that all public improvements
requized and installed by Eagan related to the Development shall be assessed
pursuant to Chapter 429 of Minnesota State Statutes.
10) Park Trail and Pond Dedication. (a) Parks, trails and ponds shall be
dedicated as followe: Developer and Owner Will dedicate to Eagan at the time of
final plat approval certain parts of the Subject Land as public parks, trail
easements, trailways or storm water holding areas (collectively, Dedicated Areas).
The Dedicated Areas are shown generally on Exhibit "C". She total acreage of
Dedicated Areas, manner of dedication and credit given pursuant to Fagan ordi-
nances for required dedication are specified on Exhibit "E". Developer and Owner
will make such dedication for park land by warzanty deed and for a trailway or
ponding area by a designation as such on the final plat. Owner shall pay all
assessments, levied or pending, prior to the dedication under this paragraph.
Pse of dedicated areas will be unzestricted except as required by applicable Eagan
ordinances and other relevant laws.
11) Sidewalks. Concrete sidewalks, in such widths and in such location as
required by the applicable ordinance of Eagan in effect at the time of final
plat approval, shall be constructed for lands within a plat contemporaneously
with the improvement of stzeet vithin the plat and be paid for by the Developer.
12) Street Lights. Developer agrees to provide and Eagan agrees to accept
a street lighting system for each plat pursuar.t to the applicable ordinance in
effect at the time of a final plat approval. The system shall be subject to
appzoval by Eagan and shail be implemented under the following provisions:
(01) The Developer shall pay all charqes for each light installed as
per the approved street lighting plan.
(02) The Developer shall pay all operating costs of the street
lighting system until the Development is 90% completed and
accepted by the City of Eagan.
3
(03) Thereaf[er the G1ty of Eagan vill assume operating costa which
will be billed equally to all homes or lots benefited in the
subdivision, and the Developer will inform prospective purchasezs
of hones or lots to this effect. The Developer shall continue to
be responsible for undevelaped lots regardless of subsequent
ownership.
13) Building Setbacks. Building setbacks shall be those established by
the Eagan Zoning Ordinance fn effect at the time of final plat approval. Any
deviation shall require approval of the Eagan City Council.
The following shall be the minimum required buflding setback for any building in
any yard in all zoning districts along any interstate or state highway, major
thoroughfares or minor thorovghfares, either existing or proposed as shown on the
cvrrent City of Eagan "Thoroughfare Plan":
Thoroughfare
Right-of-Gay Width
Minimum Setback
Interstate or
State Highway
Major Thorovghfare
?tajor Thoroughfare
Minor Thoroughfare
150 feet
100 feet
80 feet
50 feet
SO feet or 125 feet from
right-of-way centerline,
vhichever is greater
50 feet or 100 feet from
right-of-way centerline,
whichever is greater
40 feet or 80 feet from
right-of-way centerline,
whichever is greater
14) Preservation of Trees. Developer agrees to comply with Eagan Ordinances
currently in effect related to preservation of trees and specifically will exercise
reasonable efforts in residential areas to save mature, undiseased trees on the Svb-
ject Land which do not have to be removed for reasonable installation of buildings,
streets, sidewalks, utilities or drainage improvements and construction activities
related thereto. Developer agrees to mark tzees to be saved over six (6) inches
in diameter as measured at a point two (2) feet above grade that are adjacent to
construction areas with a red band prior to any excavation, and to protect such trees
by snow fences or other suitable enclosures and notify Eagan when the enclosures
are completed prior to any excavation, 1f required by Eagan. Eagan recognizes that
development of those areas designated for nonresidential use on Exhibit "D" will
require extensive grading, filling and removal of trees. All dtseased trees shall
be removed according to City ordinance requirements.
15) Retaining Walls. Parts of the Subject Land may be uneven wlth respect to
topography and it is p,enerally the intent of both F.agan and Developer to reasonably
retain the existing topography consistent with normal constructfon practices and
necessities and Developer agrees to building retalning walls pursuant to reasonab2e
requests of Eagan as the developmen[ progresses.
4
J
16) Screening. Coincidental with the eubmission of each plat foz final approval,
Developer shall submit a Iandscape and screening plan for any residential lots with
a side yard or rear yard abutting a major or minor arterial or collector street.
Eagan may require reesonable landscaping and screening of eaid lots abutting on such
public streets at the expense of Developer and vhere said screening is required, it
shall be a part of the Developer's Agreement required by Eagan for the plat and be
campleted prior to release of the subdivision or landscape bond as provided in that
Agreement.
17) Compliance with City Ordinances. Developer and Ovner agree to comply with
all Eagan Gity Council Ordinances.
18) Notices. Whenever in this Agreement it shall be zequired or permitted that
notice or demand be given or served by either party to this Agreement to or on [he
other party, such notice or demand shall be delivered pezsonally or mailed by United
States mail to [he addresses herinafter set forth by certified mail (return receipt
requested). Such notice or demand shall be deemed timely given vhen delivered per-
sonally or when deposited in the mail in accordance with the above. Notice sent by
one party shall be sent to the other two (2) parties. The addresses of the parties
hereto are as foliows, until changed by notice given as above:
If to the CITY, at:
City of Eagan
3795 Pilot Knob Road
Eagan, MN 55122
If to the Owmer, at:
If to the DEVELOPER, at:
Martin and Myrtle Shields
1396 Lone Oak Road
Eagan,MN 55121
Thomas W. Prokasky
1102 Wesley Temple Building
Minneapolis, MN 55403
19) Binding Agreement. This Agreement shall be binding upon the Owner and
Developer, their successors and assigns, and upon [he City of Eagan until terminated.
The rights and remedies granted to Eagan herein ehall be enforceable only by Eagan
and not by other persons or p>rties.
IN WITNESS WHEREOF, the patties hereto have executed this Agreement as of
the day and year first above written.
CITY OF EAGAN
(SEAL)
Ormer
ay
Its
AND
Its
By
Its Mayor
And
Its Clerk
Developer:
By
It
5 And
It
MIIvtO T0: TOM HEDGES, CITY ADMINISTRATOR
FRCM: DALE PETERSON? PROTECTIVE INSPECTIONS
DATE: OCTOAER 20, 1981
SUDJECT: CONSTRUCTION OFFICE LOCATID AT LONE OAK ROAD AND PILOT KNOB ROAD
Owned By: Orrin Aune and Gregg Vogelpohl
DBA - Midwestern Association
Proposed Developers of Lone Oak Heights
In early July of 1981 the trailer owners inquired about Eagan Ordinance
requirements on trailers. They were informed that Ordinance N2 allows on-site
trailers as temporary construction offices. The proponents did not want the
office on-site on the Lone Oak Heights parcel so they applied for a special
permit in Section 21 on property owned by Norman Vogelpohl. The council denied
the application at the August 4, 1951 meeting. The trailer owners than felt
they were allowed to place it on the Lone Oak Heights property as a temporary
construction office. As no on-site construction had been approved or started,
the owners were advised to move the trailer on October 15, 1981. On October 16,
1981 the office was closed and an alledged attempt is being raade to relocate
the office.
The name Countryside Builders, Inc. has been mentioned in con,junetion with this
project but the owners of Countryside Builders, Inc, have never heard of either
Mr. Aune or Mr, Vogelpohl.
Sincerely,
f?t•---
Da e . Peterson
DSP/bar
MEMO TO: DIANE DOWNB, UTILITY BILLINa CLERR
FROM: EDWARD J. RIRSCHT,, SR. EN6INEERING TECH
DATE: NOVEMBER 15, 1990
SUBJECT: STREETLIGHT ENERGY COSTS FOR
NORTHWEST AIRLINEB, INC., 2700 LONE OAR PARRAAY
PROPERTY I.D. NO. 10-45700-010-01
This memo is to inform your department to start to invoice the
energy costs for two street lights located at the intersections of
Lone Oak Parkway and O'Neil Drive and Lone Oak Parkway and
Northwest Parkway with the next utility billing for Northwest
Airlines, Znc., Lot 1, Block 1, Lone Oak Addition.
Invoice Northwest Airlines $80.00 per quarter for the two above
mentioned street lights.
The City is currently being billed by Northern States Power for the
street light enerqy costs for two street lights which serve
Northwest Airlines.
ce&'tt4 2J &1? q
Edward J. rsIcht,
Sr. Engineering Technician
cc: Michael P. Foertsch, Assistant City Engineer
EJK/jf
MEMO TO: CITY ADMINISTRATOR HSDGSS
CITY PLANNBR RIINRT.R
PDBLIC WORRS DIRBCTOR COLBBRT
BIIILDING INSPECTOR PBTSRSON
FROM: STSVS SCHWANRE
DATS: AIIGOST 18, 1986
SDBJSCT: WACHOVIA INDIRECT SOIIRCS PI3R14IT '-
-;0a?? eAKI l?AR K fldd nA
Please find enclosed a copy of the Indirect Source Permit issued by
the Minnesota Pollution Control Agency to the City of Eagan and
Wachovia Bank and Trust Company. This permit is for the approximate
267 acre Wachovia development which is located in the southern 1/2
of the Laukka-Beck planned development and regulates the
construction activity and subsequent trip generation and traffic
flow patterns produced by the Wachovia development. Furthermore the
permit obligates the City of Eagan and the Wachovia Bank and Trust
Company to perform a variety of activities which are scheduled to
cease upon the completion of project construction. Most
importantly for the City of Eagan is the requirement that land use
and traffic reports be prepared related to project activity and that -
the Minnesota Pollution Control Agency be notified when and if
violations of the permit appear to be occurrin9.
An implementation plan for the Wachovia lndirect Source Permit will
prepared in the next few weeks and forward to you for your
consideration. Feel free to contact me if you have any concerns or
questions regarding the content of this permit and/or the
implementation plan.
I e?& h-
Planner I
Attachment
SS/cks
. g ?
Js
Y ?
v
DRAFT 8/5/86
INDIRECT SOURCE PERMIT ISP 86-7
to construct
WACHOVIA EAGAN MIXED-USE DEVELOPMENT
in the City of Eagan
in Dakota County, Minnesota
In accordance with Minnesota Statutes Chapters 115 and 116
(1984), Minn. Rules Parts 7001.0010 to 7001.0210, Rules Relating
to Permits and Minn. Rules Parts 7001.1250 to 7001.1350, Rules
Relating to Indirect Source Permits, State Noise Standards set
forth in Minn. Rules Parts 7010.0010 to 7010.0080, and Minn.
Rules Part 7005.0550, A Rule Relating to Control of Fugitive
Particulate Matter, plans are approved and an Indirect Source
Permit is hereby issued to
First National Bank of Minneapolis
As Ancillary Trustee for
Wachovia Bank and Trust Co, N.A.,
as Trustee for Its Diversified Funds
for Retirements Trusts
(hereafter First National or the first permittee)
and
the City of Eagan
(hereafter Eagan or the second permittee)
3830 Pilot Knob Road
Eagan, Minnesota 55122
for construction of the following project under the conditions
set forth herein.
PART I DESCRIPTION
- The project is a 267.3-acre site located south of Blue Gentian
Road between Delaware Avenue and Trunk Highway (TH) 149, in
Eagan, Minnesota. This permit authorizes construction of
indirect sources and their associated parking spaces on the
project site (hereafter also called "the project"), subject to
the limitations contained in the Specific and General Conditions
listed below. This permit does not authorize any construction of
additional roadways needed for the project which would otherwise
require a separate indirect source permit (hereafter ISP.)
The project is expected to be a mixed-use development which will
include retail, office, office/showroom, and research and
-1-
.
I
DRAFT 8/5/86
development land uses, built in four phases of five years each,
beginning in the year 1985, and ending in the year 2005. The
expected phases, land uses, floor areas, parking spaces, and
assumptions for percentage of office and warehouse/manufacturing
distribution are as shown on Table 1 of the Indirect Source
Permit Application (hereafter ISP A? timplication.) The exact types
of land uses are unknown.at this e since they are subject to
market conditions. The project will have no more than11,732
associated parking spaces.
Exhibits and plans which Purther describe the project are in the
information which was submitted to the Minnesota Pollution
Control Agency (hereafter Agency) in support of the application
for this permit. That information includes the Final
Environmental Impact Statement (hereafter Final EIS) and ZSP
Application. The data provided were used determining the
conditions of this permit.
PART II SPECIAL CONDITIONS
1. Definitions.
a. Authorization of construction. The phrase "authorize
construction" means Eagan may authorize or allow the_
issuance of any necessary building permits for
construction.
b. Commencement of construction. The term "commencement of
construction" shall have the same meaning given it in
Minn. Rules Parts 7001.1250, subp. 7.
- c. Travel Demand Management Program. The term "Travel
Demand Management Program "(hereafter TDM Program) shall
mean a program created by the first permittee, and
designed to mitigate the traffic congestion resulting
from Phases 3 and 4 construction, by reducinq the number
of peak hour and daily trips generated.
d. Developer and Builder. The term "developer" shall mean
any person or persons who are seeking or have sought
site plan approval from the Eagan City Council for any
portion of the project. The term "builder" shall mean
any person or persons with whom a developer has
contracted to commence construction on any portion of
the project for which final site approval has been
received.
e. P.M. peak hour. The term "p.m. peak hour" shall mean
that hour of traffic which most closely approximates in
terms of volume the 30th highest hourly volume of the
year.
f. Director. The term "Director" shall mean the Director
of the Division of Air Quality of the Agency.
- 2-
a
DRAFT 8/5/86
g. Executive Director. The phrase "Executive Director"
shal'1 mean the Executive Director of the Agency.
h. Design Changes. A proposed modification of the project
described in Part I of this permit, including
modifications of buildings, parking, roadway
improvements, and land uses, shall be considered a
"design change" if it meets any of the following
criteria:
(1) the modification would lead to a material adverse
effect on air quality by altering mobile source
activity.
(2) the modification would violate any specific
conditions or general conditions of this permit.
(3) the modification would (1) contradict information
or text contained in the materials submitted in
support of the application for this permit and (2)
lead to a material effect on air quality by
altering mobile source activity. The materials
submitted in support of the application for this permit are the Final EIS and the ISP Application.
2. Authorization of construction. The Agency hereby authorizes
construction of the project as described in Part I subject
to the requirements listed in the remaining Special and
General Conditions and subject to receipt of authorization
of construction from Eagan. Modifications of the project as
to amounts and types of land uses shall be subject to the
provisions of Special Condition 6 if they consititute design
changes.
3. No Actions to Violate Permit. In no case shall Eagan
authorize construction for any indirect source including its
associated parking covered by this permit, if the developer
of that source or either permittee has not complied with any
condition of this permit. If, after aUthorizing
construction of any indirect source, Eagan learns that the
developer of that source is violating any condition of this
permit, it shall, within five (5) days, inform the Director
of the violation. In addition, both permittees shall use
best efforts to prevent or restrain any of their employees
or any person retained by the permittees on a fee for
service basis from knowingly taking actions, promoting
policies, or signing contracts which encourage developers or
builders of the properties constructed by this permit to
violate the terms of this permit.
-3-
DRAFT 8/5/86
4. Duties required under Exhibit A. The permittees shall
perform the duties imposed on them by Exhibit A.
5. Noise. To control noise at the project, Eagan shall require
that all developers, as a condition of all grading and/or
building permits on the project for which Eagan may
authorize construction, comply with the conditions below.
Zf the first permittee is the developer, the first permittee
shall perform the items set forth below. In any lease
agreements, sale agreements, or purchase agreements with all
future developers, the first permittee shall include a
provision requiring the developer to comply with the
conditions below:
a: ensure that all engines and engine-driven equipment used,, '% "
in construction and/or maintenance of the project are,
fitted with adequate mufflers that are properly
maintained and in constant operation; "
?b. ensure compliance with Minn. Rules Parts 7010.0010 to
7010.0080.
c. comply with local ordinances governing noise
restrictions on construction.
d. comply with the requirements of the Guidelines for Land
Use Compatibility With Aircraft Noise, Amendment to
Aviation Chapter, Metropolitan Development Guide.
6. Design Changes. Before implementing any design change, the
first permittee shall notify the Director of the design
change and shall submit such information as the Director may
reasonably require to determine the effect of the design
change.
7. Fugitive Emissioris. To control fugitive emissions at the
project, Eaqan shall require that all developers, as a
condition of all grading and/or building permits on the
project for which Eagan may authorize construction, comply
with the conditons below. If the first permittee is the
developer, the first permittee shall perform the items set
forth below. In any lease agreements, sale agreements, or
purchase agreements with all future developers, the first
permittee shall include a provision requiring the developer
to comply with the conditions below:
a. spray construction areas and haul roads with water, oil,
calcium chloride or other effective preparations to the
extent necessary to'ininimize fugitive emissions,
especially during periods of steady winds exceeding 30
miles per hour or hiqh levels of construction activity;
-4-
DRAFT 8/5/86
b. wet ramps at the construction site and wash the streets
surrounding the construction site on a daily basis to
limit dust reentrainment, except when the streets are
wet from precipitation or when such actions will result
in freezing of the agent liquids during freezing
temperatures;
c.. ensure that the surface hardening agents, wetting or
chemical agents, foam agents and oils are applied so
they do not cause groundwater or surface water
contamination in violation of any applicable water
pollution control statute or rule;
d. take any practical measures to prevent avoidable amounts
of particulates from becoming airborne from trucks
hauling materials to and from the site;
e. cease particulate-producing activities during periods of
steady high winds exceeding 30 miles per hour;
f. take any additional measures required by Minnesota Rules
Part 7005.0550, "Preventing Particulate Matter from
Becoming Airborne."
8. Notification of Eagan Changes. The Eagan Planning Director
shall notify the Director at least ten (10) days in advance
of the date of any public meeting of the Eagan City Council
in which items to be considered would, if enacted in the
form proposed, result in the inability of Eagan to comply
with the provisions of this permit. In the event that an
item is enacted in a form which would result in the
inability of Eagan to comply with the provisions of this
permit, the Eagan Planning Director shall notify the
Director the next working day.
PART III. GENERAL CONDITIONS
9. The Agency's issuance of a permit does not release the
permittees from any liability, penalty, or duty imposed by
Minnesota or federal statutes or rules or local ordinances,
except the obligation to obtain the permit.
10. The Agency's issuance of the permit does not prevent the
future adoption by the Agency of pollution control rules,
standards, or orders more stringent than those now in
existence and does not prevent the enforcement of these
rules, standards, or orders against the permittees.
11. The permit does not convey a property right or an exclusive
privilege.
12. The Agency's issuance of a permit does not obligate the
Agency to enforce local laws, rules, or plans beyond that
authorized by Minnesota statutes.
-5-
DRAFT 8/5/86
13. The permittees shall perform the actions or conduct the
activity authorized by the permit in accordance with the
plans and specifications approved by the Agency and in
compliance with the conditions of the permit.
14. The permittees shall at all times properly operate and
maintain the facilities and systems of treatment and control
and the appurtenances related to them which are installed or
used by the permittees to achieve compliance with the
conditions of the permit. Proper operation and maintenance
includes effective performance, adequate funding, adequate
operator staffing and training, and adequate laboratory and
process controls, including appropriate quality assurance
procedures. The permittees shall install and maintain
appropriate back-np or auxiliary facilities if they are
necessary to achieve compliance with the conditions of the
permit and, for all permits other than hazardous waste
facility permits, if these back-up or auxiliary facilities
are technically and economically feasible.
15. The permittees may not knowingly make a false or misleading
statement, representation, or certification in a record,
report, plan or other document required to be submitted to
the Agency or to the Executive Director by the permit. The
permittees shall immediately upon discovery report to the
Executive Director an error or omission in these records,
reports, plans, or other documents.
16. The permittees shall, when requested by the Executive
Director, submit within a reasonable time the information
and reports that are relevant to the control of pollution
regarding the construction, modification, or operation of
the facility covered by the permit or regarding the conduct
or activity covered by the permit.
17. When authorized by Minnesota Statutes, sections 115.04;
115B.17, subdivision 4; and 116.091, and upon presentation
of proper credentials, the Agency, or an authorized employee
or agent of the Agency, shall be allowed by the permittees
to enter at reasonable times upon the property of the
permittees to examine and copy books, papers, records, or
memoranda pertaining to the construction, modification, or
operation of the facility covered by the permit or
pertaining to the activity covered by the permit; and to
conduct surveys and investigations, including sampling or
monitoring, pertaining to the construction, modification, or
operation of the facility covered by the permit or
pertaining to the activity by the permit.
18. If the permittees discover, through any means, including
notification by the Agency, that noncompliance with a
condition of the permit has occurred, the permittees shall
-6-
DRAFT 8/5/86
take all reasonable steps to minimize the adverse impacts on
human health, public drinking water supplies, or the
environment resulting from noncompliance.
19. If the permittees discover that noncompliance with a
condition of the permit has occurred which could endanger
human health, public drinking water supplies, or the
environment, the permittees shall, within 24 hours of the
discovery of the noncompliance, orally notify the Executive
Director. Within five days of the discovery of the
noncompliance, the permittees shall submit to the Executive
Director a written description of the noncompliance; the
cause of the noncompliance; the exact dates of the period of
the noncompliance; if the noncompliance has not been
corrected, the anticipated time it is expected to continue;
and steps taken or planned to reduce, eliminate, and prevent
reoccurrence of the noncompliance.
20. The permittees shall report noncompliance with the permit
not reported under General Condition 19 as a part of the
next report which the permittees are required to submit
under this permit. If no reports are required within 30
days of the discovery of the noncompliance, the permittees
shall submit the information listed in General Condition 16
within 30 days of the discovery of the noncompliance.
21. The permittees shall give advance notice to the Executive
Director as soon as possible of planned physical alterations
or additions to the permitted facility or activity that may
result in noncompliance with a Minnesota or federal
pollution control statute or rule or a condition of the
permit.
22. The permit is not transferable to any person without the
express written approval of the Agency after compliance with
the requirements of Minn. Rules Part 7001.0190, subp. 2. A
person to whom the permit has been transferred shall comply
with the conditions of the permit.
23. The permit authorizes the permittees to perform the
activities described in the permit under the conditions of
the permit. In issuing the permit, the state and Agency
assume no responsibility for damage to persons, property, or
the environment caused by the activities of the permittees
in conduct of its actions, including those activities
authorized, directed, or undertaken under the permit. To
the extent the state or Agency may be liable for the
activities of its employees, that liability is explicitly
limited to that provided in the Tort Claims Act, Minnesota
Statutes, section 3.736.
24. Approval to construct or modify shall become invalid if
construction or modification of the indirect source is not
commenced within 24 months after receipt of the approval.
-7-
DRAFT 8/5/86
The Agency may extend this time period upon a satisfactory
showing that an extension is justified. The permittees may
apply for an extension at the time of initial application or
at any other time thereafter.
Dated:
J. Michael Valentine
Director
Division of Air Quality
-8-
r
DRAFT 8/5/86
EXHIBIT A: REPORTING REQUIREMENTS
I. Eagan shall establish and implement a monitoring program
containing the reporting requirements contained herein.
Eagan shall further provide for one or more persons to
perform the reporting duties of Sections II and III-A below.
II. Annual Reporting of Land Uses. Beginning January 4, 1987,
Eagan shall submit to the Director on an annual basis a
report of the types of land use built or under construction,
their existing or anticipated square footage, and number of
associated parking spaces in the project until project
construction is completed.
III. Traffic Reporting.
A. Biannual Report. Eagan shall submit a biannual reoprt
to Director?beginning on March 4,; 1998. Eagan shall
either conduct the necessary studies itself or hire an
independent consultant to prepare the report, but shall
be entitled to recover the costs from any and all
developers. The report shall contain the following
information: -
1. A traffic cordon count of the entrances and exits
serving the project site. Concurrent 48-hour
traffic counts of each of the four entrances and
exits serving the project site shall be conducted.
The counts shall provide hourly inbound and hourly
outbound traffic volumes and 15 minute inbound and
outbound traffic volumes between the hours of 4:00
p.m. and 6:00 p.m. The counts shall be taken on
Tuesday, Wednesday, and/or Thursday during a
typical business week.
2. A summary of the traffic volume data collected
including total daily trips in and out of the site,
identification of the peak traffic hour, and
inbound and outbound trips during the peak traffic
hour.
3. A comparison of the traffic statistics collected to
those contained in the ISP Application.
B. If the p.m. peak hour outbound traffic counts taken
under A.1. above are greater than the traffic estimates
contained in the ISP Application, the first permittee
shall do any.one of the following:
1. Demonstrate that traffic generation on properties
outside the parcel directly affecting the traffic
operations along Trunk Highway (TH) 149 from TH 55
to Interstate 494 North Ramp Terminal is lower than
-9-
r?
DRAFT 8/5/86
assumed in the ISP Application, and that reserve
capacities exist and will exist in the future in
spite of excess generation from existing
building(s) or proposed building(s) on the site;
or
2. After receiving approval from the Director for
plans for a Traffic Demand Management program,
implement the Program to mitigate the expected
excess generation at the proposed building(s) and
existing building(s). Eagan and other
jurisdictions whose roadways or transit provision
services are adversely affected by the existing or
projected generation shall be given a two-week
opportunity to review and comment on such a plan
before the Director's decision is finalized;
or
3. Modify site plans for the proposed and other future
building(s) in the project so as to reduce the trip
generation to be in accordance with estimates
contained in the ISP Ap li:
or
4. Demonstrate that (1) air quality standards will not
be violated by using air quality modeling
techniques approved by the Director, in a format
approved in advance by the Director, and including
no less than one month of ambient air monitoring
during the worst-case season of November, December,
January, and/or February and (2) that other
projects which have been approved or permitted in
reliance on the traffic estimates contained in the
ISP application for this permit shall not be
prevented from meeting air quality standards solely
because of excess trip generation caused by the
project.
or
5. Enter into cooperative agreement either with
jurisdictions whose roadways are adversely affected
by the project excess generation and/or the
Regional Transit Board to either construct
additional roadways or finance additional transit
and/or paratransit services necessary to alleviate
the additional congestion, or both, caused by the
excess generation. The amount of financial
contribution from the first permittee in the
agreement shall not exceed the cost of provision of
additional roadways and/or transit and/or
-10-
DRAFT 8/5/86
` paratransit services beyond that needed to
accomodate the actual excess p.m. peak hour
•outbound traffic counts, unless otherwise required
by Minnesota statutes. Eagan shall not authorize
occupancy of any portion of the project constructed
under such an agreement unless the roadways
constructed therein are complete and fully open to
traffic, or the transit service has been fully
established and is in complete operation.
or
6. After receiving approval from the Director, take
any other appropriate responsive action.
-11-