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08/17/2010 - City Council Regular
AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING AUGUST 17, 2010 6:30 P.M. ROLL CALL AND PLEDGE OF ALLEGIANCE f2 II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS a A. FIREFIGHTER RECOGNITION AND OATHS OF OFFICE IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) P3 A. APPROVE MINUTES ll B. PERSONNEL ITEMS to 1A C. APPROVE Check Registers 13 D. ACCEPT $70,000 Grant through the Minnesota Department of Public Safety's Office of Traffic Safety �? Il E. APPROVE Police Liaison Services Agreement between the City of Eagan and Independent School District #196 F. APPROVE Amendment of City Housing Improvement Area Policy J',q[[ G. APPROVE Five Year Extension of the Easter Lutheran Church Planned Development located at 4545 Pilot Knob Road P3) H. APPROVE Sound Amplification Permit for Faithful Shepherd Church and waive fees (391. APPROVE Temporary On -Sale Liquor License for Faithful Shepherd Church and waive fees fL11 J. APPROVE Resolution for Continued Participation in the Local Housing Incentives Account Program via the Metropolitan Livable Communities Act i6 K. APPROVE Final Payment for Contract No. 10 -17, Sealcoating 4.4' L. APPROVE Final Payment for Contract No. 10 -02, City -Wide Street Improvements f-ySM. APPROVE Final Payment for Contract 10 -12, Oak Hills Church Services NP N. APPROVE Plans and Authorize Ad for Bids, Contract No. 10 -09, Cliff Road Trunk Water Main fg7O. APPROVE Consultant for Lake Management Plans (Blackhawk and Thomas Lakes) P. Item Removed Q. APPROVE Resolution expressing the City of Eagan's Interest to be a Participant in the GreenStep Cities Program R. APPROVE Partnership between the City of Eagan and the University of Minnesota Department of Sustainable Education 1VD I S. APPROVE the 2010 -2011 Energy and Environment Advisory Commission Goal and Value Statements iS(pT. DIRECT Staff to prepare an Ordinance Amendment to Chapter 11 regarding Signage for Properties with Freeway Frontage U. APPROVE an Easement Agreement for Project 971 (Duckwood Drive — Overpass and Street ,,rte Improvements) V. APPROVE Tobacco License for Scott Stevens, Lucky's Station LLC, 3390 Coachman Road V. PUBLIC HEARINGS VI. OLD BUSINESS VII. NEW BUSINESS -PS? A. PRELIMINARY SUBDIVISIONS AND PLANNED DEVELOPMENT AMENDMENT— US Home Corporation — Nicols Ridge 3rd and 4th Addition — A Preliminary Subdivision to create one lot and one outlot for Nicols Ridge 3` Addition a Preliminary Subdivision of approximately 10 acres to create 42 townhome lots and 2 outlots and Planned Development Amendment to allow townhomes on the proposed Nicols Ridge 4th Addition lot. The properties are located at Cedar Grove Trail and Cedar Grove Parkway. VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY (There are no items at this time) X. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development XI. VISITORS TO BE HEARD (for those persons not on the agenda) XII. CLOSED SESSION XIII. ADJOURNMENT City of Evan Memo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: AUGUST 13, 2010 SUBJECT: AGENDA INFORMATION FOR AUGUST 17, 2010 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the August 17, 2010 City Council agenda, the following items are in order for consideration. Agenda Memo Regular City Council Meeting August 17, 2010 RECOGNITIONS AND PRESENTATIONS A. Oath of Office — New Fire Fighters ACTION TO BE CONSIDERED: None FACTS: • Eight firefighters have completed their initial Firefighter training and have been released to respond to fire and rescue calls. • The eight Firefighters before you tonight were part of an apprentice group that started their training in September of 2009. The original class size was 16 firefighters. • Each firefighter completed a 12 week in -house First Responder training course which prepares them for EMS /Rescue calls, a 15 week in -house Firefighter I program and have passed their State Certification process in each area. • Upon completion of their initial recruit training they have been attending weekly fire training and average approximately 10 hours per week in the performance of Fire Department related functions. • Three of the eight recruits are day responders. • These additional eight firefighters bring our total back to 100 volunteer firefighters. • Listed below are the Fire Fighters to be sworn in: 1. Kevin Kiewatt --- Station 2 2. Kraig Buckentin— Station 2 3. Chris Hall — Station 2 4. Daniel Plath — Station 2 5. Duane Waltzer — Station 2 6. Chris Gustsfson— Station 3 7. Marie Seger— Station 3 8. Andy Flocchini— Station 3 ATTACHMENTS: None 0 Agenda Information Memo August 17, 2010 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 August 2, 2010 Regular City Council meeting and July 27, 2010 Special City Council meeting as presented or modified. ATTACHMENTS: Minutes of the August 2, 2010 Regular City Council meeting are enclosed on pages q through I. Minutes, of the July 27, 2010 Special City Council meeting are enclosed on pages through LD. 18 MINUTES OF A REGULAR MEETING OF THE t' EAGAN CITY COUNCIL Eagan, Minnesota August 2, 2010 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields, Tilley and Hansen. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Monday, August 2, 2010 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Tilley and Hansen. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, Administrative Services Gene VanOverbeke, Director of Communications Tom Garrison, City Attorney Bob Bauer and Administrative Secretary / Deputy Clerk Mira Broyles. AGENDA City Administrator Hedges noted there would be a closed session in regard to a Supreme Court ruling. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS Mayor Maguire noted the passing of Terry Davis, and his 20 -year volunteer service to the City. A moment of silence was observed. Mayor Maguire thanked the coordinators of the 1501h Anniversary Celebration Old Time Baseball Game which was held on August 1. CONSENT AGENDA Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the July 20, 2010 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to authorize the hiring of Keisa Nippoldt for the Clerical Technician III position in Community Development effective August 24, 2010. 2. It was recommended to approve the hiring of Seasonal Employees in Parks and Recreation division as follows: Daniel Paulus, Leah Rhode, Allyson Jones, Allyson Winter as Guest Services I at Cascade Bay. 3. It was recommended to authorize the revision of Personnel Policy 16.1.6 on Civic Duties C. It was recommended to ratify check registers dated July 15, 2010 and July 22, 2010 as presented D. It was recommended to accept a $50.00 donation from James and Mary Soukup E. It was recommended to authorize hiring a consultant for ABLE Fire Training Facility F. It was recommended to authorize the advertisement for bids to purchase replacement fire engine G. It was recommended to approve change orders for the Fire Safety Center H. It was recommended to approve an agreement with the Minnesota National Guard, allowing Eagan Police Officers to train at Camp Ripley on August 27, 2010. I. It was recommended to approve an addendum to the 2008 contract between the City of Eagan and Financial Crimes Services (FCS) City Council Minutes August 2, 2010 Page 2 J. It was recommended to award contract for Low Voltage Wiring to TRiCOM Communications for low voltage wiring for the new Eagan Fire Safety Building and authorize the Mayor and City Clerk to sign the appropriate documents. K. It was recommended to award a contract for Access Control and Video Surveillance Systems to UHL Company for the new Eagan Fire Safety Building and Eagan Fire Station 3 and authorize the Mayor and City Clerk to sign the appropriate documents. L. It was recommended to approve an amendment to the conditions of approval to extend the deadline for installing landscaping associated with approval of outdoor storage of commercial vehicles upon the property at 2005 Pin Oak Drive, legally described as Lot 1, Block 1, Rahn Ridge 2nd Addition. M. It was recommended to approve a one -year extension of the Preliminary Subdivision approval for Sumac Ridge, consisting of 6 single - family lots on approximately 3 acres located at 4395 Dodd Road in the NW %4 of Section 25. N. It was recommended to approve the plans and specifications for Contract 10 -10 (South Water Treatment Plant — Facility Upgrade and Maintenance Repair) and authorize the use of Best Value Contracting in advertising for a competitive bid opening scheduled for 11:00 a.m., Thursday, September 9, 2010. O. It was recommended to approve the plans and specifications for Contract No. 10 -16 (Rain Gardens — Schwanz Lake Direct Drainage / Golden Meadow Road) and authorize the advertisement for a bid opening to be held at 11:00 a.m. on Thursday, September 16, 2010. P. It was recommended to authorize submittal of an application to the Minnesota Pollution Control Agency (MPCA) for Clean Water Partnership Grant (Blackhawk Lake and Thomas Lake Management Plans). Q. It was recommended to approve a Resolution accepting a memorial donation from the Virginia Knight Family to the Eagan Historical Society and approve a budget adjustment increasing revenues and expenditures in the General Fund by $1,670 for the donation and its related expenditure. R. It was recommended to approve the 2011 Civic Arena budget, 2011 Civic Arena facility rental rate, and purchase of 2011 capital items in 2010. PUBLIC HEARINGS PROJECT 1033, CLIFF ROAD WATER MAIN IMPROVEMENTS City Administrator Hedges introduced this item regarding Project 1033, Cliff Road Water Main Improvements. Public Works Director Colbert introduced Chad Davison of Bonestroo who presented an overview of the Feasibility Study. Mayor Maguire opened the public hearing. Twelve residents expressed their concern over the proposed assessments and questioned the benefit of the project to their property, given they have private wells and septic systems. A question regarding if property that is under water will be assessed and if the County will be assessed was asked. A petition in opposition to the assessments was also presented to Council. There being no further public comment, Mayor Maguire closed the public hearing and turned discussion back to the Council. Councilmembers and staff discussed the following: • Assessment rates • Benefits of the project • Dedicated public easements, including conservation easements, which would be deducted from the Assessable area City Council Minutes August 2, 2010 Page 3 RA C7 • The trunk main on Wilderness Run Road not having enough capacity to support the project area • County has paid 100% of their related trunk area assessments as part of their connection to the water main • Policy on deferred or postponed assessments Councilmember Tilley moved, Councilmember Fields seconded a motion to approve Project 1033, (Cliff Road — Trunk Water Main Improvements) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay:0 OLD BUSINESS ORDINANCE AMENDMENT CHAPTER 6, OTHER BUSINESS REGULATION AND LICENSING SECTION 6.35, GAMBLING City Administrator Hedges discussed this item regarding an ordinance amendment to Chapter 6 as it pertains to gambling. He noted that the proposed amendment is related to changes made by the Legislature that would allow Cities or Counties to authorize lawful gambling which then allows the State Gambling Board to issue a premises permit. An additional section is also being proposed in regard to bingo being conducted by senior citizen organizations, nursing homes or senior citizen housing projects. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve an ordinance amendment to Chapter 6, Other Business Regulation and Licensing, Section 6.35 Gambling. Aye: 5 Nay: 0 ORDINANCE AMENDMENT — CITY OF EAGAN City Administrator Hedges discussed a proposed ordinance Amendment to Chapter 11 as it relates to the placement of outdoor wood boilers. He noted that the proposed ordinance defines outdoor wood boilers and sets a minimum unit setback requirement of 300" from any property line. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve an Ordinance Amendment to Chapter 11, Section 11.40 specifically as it relates to the placement of outdoor wood boilers. Aye: 5 Nay: 0 NEW BUSINESS PRELIMINARY AND FINAL SUBDIVISION — CITY OF EAGAN City Administrator Hedges introduced this item regarding a Preliminary and Final Subdivision (Eagan Central Park 2nd Addition) to create two parcels on 56.6 acres located at 1501 Central Parkway. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Preliminary Subdivision (Eagan Central Park 2nd Addition) to create two parcels on 56.6 acres located at 1501 Central Parkway, in the SE 1/4 of Section 9. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Final Subdivision (Eagan Central Park 2nd Addition) to create two parcels on 56.6 acres located at 1501 Central Parkway, in the SE Y4 of Section 9. Aye: 5 Nay: 0 Elf City Council Minutes August 2, 2010 Page 4 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. The meeting was recessed at 8:45 p.m. to immediately convene a meeting of the Economic Development Commission. The regular City Council meeting was reconvened at 8:50 p.m. ADMINISTRATIVE AGENDA City Administrator discussed a recommendation from the Finance Committee regarding proposed modifications to the Civic Arena rink space. Councilmember Fields moved, Councilmember Tilley seconded a motion to authorize staff to solicit bids to build out training space in the West Arena; staff to undertake more detailed discussions with the Eagan Hockey Association representatives to assist in refining the proposal to develop additional information regarding a financing package; and staff be directed to develop revenue modeling and to work out a business plan for rental of the space. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Council Tilley moved, Councilmember Fields seconded a motion to adjourn the meeting at 8:55 p.m. Aye: 5 Nay: 0 Date Administrative Secretary / Deputy Clerk MINUTES SPECIAL CITY COUNCIL MEETING TUESDAY, JULY 27, 2010 5:30 P.M. EAGAN ROOM — EAGAN MUNICIPAL CAMPUS City Council members present: Mayor Maguire, Councilmembers Bakken, Hansen, Fields and Tilley. City Staff present: City Administrator Hedges, Assistant to the City Administrator Miller, Director of Administrative Services VanOverbeke, Director of Communications Garrison, Director of Community Development Hohenstein, Parks and Recreation Director Johnson, Public Works Director Colbert, City Engineer Matthys, Campus Facilities Manager Vaughan, Chief Financial Officer Pepper, and Superintendent of Enterprise Operations Mesko. I. ROLL CALL AND ADOPTION OF THE AGENDA The Mayor called the meeting to order. City Councilmember Hansen moved, Councilmember Tilley seconded a motion to adopt the agenda as presented. Aye: 4, Nay: 0 (Councilmember Bakken not yet present) II. VISITORS TO BE HEARD There were no visitors to be heard. III. STORM WATER UTILITY FEE EQUITY ADJUSTMENT FACTOR City Administrator Hedges introduced the item, noting that Eagan is celebrating its 20t" anniversary of the adoption of a Comprehensive Water Quality Manager Plan, at which time a Storm Water Utility Fee was established. Hedges added that in 2009, the Council authorized a detailed analysis of all Utility User Rates. As part of the analysis, it was indentified that the City may need to look at the need for an Equity Adjustment Factor (EAF) to be applied to all land uses to insure that each type of land continued to pay its proportionate fair share based on their runoff volume impacts. Public Works Director Colbert provided an overview of storm water fee comparisons with an EAF and with right of way adjustments. The City Council discussed the rate scenarios and there was consensus to utilize the EAF rates, but not the right of way equalization factor. The Council directed that the revised rates be brought back to a regular Council meeting as a Public Hearing to consider a fee schedule adjustment. Councilmember Bakken arrived at 6 p.m. 61 Special City Council Minutes July 27, 2010 Page 2 IV. JOINT MEETING WITH THE AIRPORT RELATIONS COMMISSION • REVIEW PROPOSED 2010 -2011 COMMISSION WORK PLAN City Administrator Hedges introduced the item noting that it is the practice of the Council to meet with each of their advisory commissions at least one time each year. Mr. Hedges introduced Chuck Thorkildson, Chair of the Airport Relations Commission (ARC). Mayor Maguire welcomed the members of the ARC. Chair Thorkildson provided an overview of the Commission's proposed 2010 -2011 work plan. The City Council discussed the work plan with the Commission and dialogued about future airport issues that could impact the community. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the 2010 -2011 ARC Work Program. Aye: 5; Nay: 0 V. 2011 CIVIC ARENA BUDGET City Administrator Hedges introduced the item noting that the 2011 proposed Civic Arena budget as presented is balanced. Hedges added that the Civic Arena is supported entirely by user fees; operations are not subsidized by property taxes or other revenue sources. Hedges noted that the proposed budget include a $5 increase in the prime -time ice rate, while the non - prime time ice rate are proposed to stay at the 2010 rate. Lastly, Hedges added that any costs to modify or reuse rink space in the west arena are not included in the proposed 2011 budget. The City Council discussed the proposed budget, rate increases, and debt service. The Council also discussed the interest of the Eagan Hockey Association in modifying the rink space in the west arena. Councilmember Fields moved, Councilmember Tilley seconded a motion to direct the discussion regarding financing options for the proposed civic arena rink modifications to the Finance Committee for a recommendation to the City Council at the August 2, 2010 Council meeting. Aye: 5; Nay: 0 There was Council consensus to proceed with the Civic Arena budget as presented and schedule formal consideration of the budget at an upcoming regular City Council meeting. VI. 2011 GENERAL FUND BUDGET UPDATE City Administrator Hedges introduced the item, noting the policy items currently included in the 2011 preliminary budget, which include: department directors were asked to limit all non - personnel costs increases to 2% or less, no compensation increases (with the exception of Special City Council Minutes July 27, 2010 Page 3 step increases), and increased PERA rates per State mandate. Hedges also noted the elimination of the Superintendent of Streets position ,which came out of an effort to maximize the efficiency and "right size" the organization. Hedges informed the Council that the preliminary 2011 budget shows an increase of 1.1 % over the approved 2010 budget, which includes transferring the City's Pavement Management Program to the Major Street Fund, as recommended by the Council's Finance Committee. The City Council reviewed the budget timeline for the year. The Council discussed the proposed budget and possible levy projections. Director of Administrative Services VanOverbeke noted that additional levy projections and options would be presented at the August 9 Special City Council meeting. VIII. OTHER BUSINESS Councilmember Tilley raised the issue of parking concerns at Cinnamon Ridge, as voiced in a constituent letter, and inquired whether the Council would like to readdress the City's overnight parking regulations. There was not Council consensus to revisit the issue at this time. IX. ADJOURNMENT Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 7:10 p.m. Aye: 5, Nay: 0 /D Agenda Information Memo August 17, 2010 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. ACTION TO BE CONSIDERED: Accept the resignation of Adam Bourassa (effective 8/13/2010), Utilities Maintenance Worker, and authorize his replacement. Agenda Information Memo August 17, 2010 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated August 2, 2010 as presented. ATTACHMENTS: • Check registers dated August 2, 2010 are enclosed without page number. /a Agenda Information Memo August 17, 2010, Eagan City Council Meeting CONSENT AGENDA Acceptance of a $70,000 grant through the Minnesota Department Public Safety's Office of Traffic Safety (OTS). ACTIONS TO BE CONSIDERED: Accept the grant which will allow the police department to install Panasonic Video cameras into 14 of the police department's 23 patrol vehicles. Authorizing the grant also commits the City to provide a "cash match" of $1,400 ($100 /camera). FACTS: The Minnesota Department of Public Safety's Office of Traffic Safety (OTS) offered a grant proposal to agencies in Minnesota for in -squad camera systems via a competitive grant process. • The purpose of the grant is to equip law enforcement vehicles with in -car cameras for the benefit of enhancing officer safety, recording an accurate version of the incident, providing evidentiary data for court cases, assisting in the investigation of alleged misconduct violations, promoting positive officer behavior, and providing supportive documentation to protect the City and its personnel from liability. • By accepting the grant, there is no requirement to collect traffic stop data. • On June 21, 2010, the Police Department was notified the OTS has awarded the department 14 Panasonic in -squad cameras valued at $70,000. On July 28, 2010, the department received the contract from the Minnesota Sheriff s Association (MSO). The MSO has been contracted to order and distribute the systems. • The MSO is requiring two signed copies of the contract and $100 per camera matching payment for a total of $1,400. The funds would be taken from the Driving While Intoxicated (DWI) Forfeiture Fund. • The MSO will order the cameras after all contracts have been signed and distribute to the agencies. The City will be responsible for the installation of the cameras. ATTACHMENTS Copy of the grant is attached as pages through / Le 13 IN CAR CAMERA AGREEMENT AGENCY NAME: Eagan Police Department ADDRESS: 3830 Pilot Knob Rd. Eagan, MN 55122 CONTACT: Lt. Duanne Pike E -MAIL: dpike @cityofeagan.com PHONE: 651- 675 -5806 IN -CAR CAMERA MODEL AWARDED: Panasonic Arbitrator 3609 NUMBER OF IN -CAR CAMERAS AWARDED: 14 REQUIRED LOCAL MATCH: Number of In -Car Cameras to Order x $100 per Camera = $1400 This amount is due with submission of the signed agreement (Make check payable to the Minnesota Sheriffs' Association) FISCAL AGENT or CONTACT (If different than contact info above) NAME: ADDRESS: CITY, STATE, ZIP: PHONE: EMAIL: Page 1 of 3 Eagan Police Department 1 The mounting brackets for some of the cameras vary depending on the year and type of vehicle, please list the MAKE, MODEL and YEAR and tell us how many cameras will be installed in that type of vehicle . (i.e. Your department is being awarded 5 cameras — those cameras will go into 3 cars that are Ford Crown Vic 2008 and 2 cars that Chevy Impala 2009) # of cars Vehicle Make & Model Year 1. 2. 3. 4. 5. (the # of cars column should total 14, the number of cameras you are being granted) Where the System will be mounted: (this is specific to certain in -car camera models) ❑ Inside Vehicle ❑ Trunk Color of Antennae (specific to the Flashback2) ❑ Black ❑ White Any equipment purchased under this grant contract shall be used primarily for traffic safety purposes during the life of the equipment. By accepting the award, the agency may not deviate from this requirement and may not dispose of any equipment unless it has first obtained permission from the State. Only equipment specified in this grant contract may be purchased. Any law enforcement agency receiving an in -car camera through the DPS In -Car Camera Grant Program is responsible for any operating, maintenance, and repair costs of equipment purchased under this grant contract unless otherwise specified. Title to equipment acquired through the in -car camera grant program shall vest upon the law enforcement agency. The law enforcement agency must inform OTS if the agency sells, replaces, or otherwise disposes of the in -car camera(s) and that the proceeds would have to go to OTS approved traffic safety activities, The funds being used to purchase the cameras are federal funds, CFDA numbers 20.601, 20.609, and 20.611. The National Highway Traffic Safety Administration requires all the cameras to be used in vehicles that would ordinarily be used in patrolling roadways or the direct supervisors of those patrolling roadways. Page 2 of 3 Eagan Police Department /5_ By signing below, I certify that the information contained in this agreement is true and correct to the best of my knowledge, that I have the authority to enter into this agreement, and the Awardee will meet all the terms and conditions required and set forth in this agreement. Signature Printed Name Title Date Return two (2) copies of this agreement and your local match money to MSA. The signatures on both agreements must be original and signed in blue ink. This agreement is due back at the MSA office by close of business August 13, 2010. Send to: Minnesota Sheriffs' Association Attn: Ann Jarrett 1951 Woodlane Drive, Suite 200 Woodbury, MN 55125 Page 3 of 3 Eagan Police Department /1 Agenda Information Memo August 17, 2010 Eagan City Council Meeting CONSENT AGENDA: 1E, Approve the Police Liaison Services Agreement between the City of Eagan and Independent School District #196 ACTION TO BE CONSIDERED: Police Liaison Services Agreement between the City of Eagan and ISD #196. FACTS: • The City of Eagan and ISD #196 have partnered to establish a school resource officer program in three schools. • The district wishes to continue this relationship, and agrees to pay the city $74,851 for Eagan Police Officers to continue working in the schools for the 2010 -2011 school year. • The School District increased funding for liaison services by three percent from the 2009 -2010 calendar year. • The district will no longer offer the DARE program in the coming school year. Consequently, there are no DARE fees included in this agreement. Attachments: Police Liaison Services Agreement on pages g a b 17 POLICE LIAISON SERVICES AGREEMENT: SCHOOL DISTRICT NO. 196 AND CITY OF EAGAN THIS AGREEMENT is made and entered into this day of .2010 by and between SCHOOL DISTRICT NO. 196, a Minnesota municipal corporation, (hereinafter "School District ") and CITY OF EAGAN, a Minnesota municipal corporation, (hereinafter "City "). RECITALS WHEREAS, the parties enter into this Agreement pursuant to Minnesota Statutes §126C.44. WHEREAS, for purposes of this Agreement, the School District's participating secondary schools within the City consist of the following schools: Black Hawk Middle School, Dakota Hills Middle School and Eagan High School; and NOW THEREFORE, the parties hereto agree as follows: 1. The City agrees to provide a state certified police officer to perform an average of 20 hours per week police liaison services to each of the School District's secondary schools for the purpose of assisting in the establishment and trained coordination of a cooperative community approach among the School District's schools, students, parents, police and other community resources to address the needs of the students and community members. The City's police liaison services shall include, but not limited to: a. Prevention of delinquency; b. Protection of life and property; and C. Law enforcement. 2. The School District shall pay the City the amount of $74,851, for the City's police liaison services to the School District. 3. The parties agree and acknowledge that the police officers who are assigned to provide police liaison services in the schools are, and will continue to be, members and employees of the City and its police department. The police officers shall not become an agent or employee of the School District by virtue of this Agreement and shall not make any representations to the contrary. The officers shall operate under the direct administration and supervision of the police department but will work in cooperation with school administrators to further mutually agreed goals involving the police department, schools and students. The officers shall not have disciplinary authority within the schools or be considered educational service providers, but shall be limited to their police functions. 4. The amount to be paid by the School District as specified in Paragraph 2 herein shall be payable for the 2010 -2011 school year upon approval of this Agreement by both parties. 5. This Agreement is effective for the 2010 -2011 school year; upon the expiration of the 2010 -2011 school year, this Agreement shall automatically terminate. 6. Each party shall be liable for the acts and omissions of its own agents and employees and not the acts and omissions of the other party's agents and employees. The parties' l V liability shall be limited by the provisions of the Municipal Tort Claims Act, Minn. Ch. 466 or other applicable law. 7. The parties agree that all government data collected, shared or received as a result of the parties' duties under this Agreement shall be handled and maintained in accordance with all applicable federal, state and local laws, rules and regulations governing government data, including, but not limited to the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. The parties understand and agree that any sharing of data between them must occur in accordance with the law governing the dissemination of data, including, but not limited to, specific laws and governing the sharing of data on students and minors. INDEPENDENT SCHOOL DISTRICT NO. 196: By: Jackie Magnuson Its: Chairperson By: Art Coulson Its: Clerk STATE OF MINNESOTA ) ss. COUNTY OF ) On this _ day of , 2010, before me a Notary Public within and for said County, personally appeared JACKIE MAGNUSON and ART COULSON, to me personally known, who each being duly sworn by me, did say that they are the Chairperson and Clerk of Independent School District No. 196 and that said instrument was signed and sealed on behalf of said School District by authority of the School Board and said Chairperson and Clerk acknowledged said instrument to be the free act and deed of the School District. Notary Public 15 CITY OF EAGAN: By: Mike Maguire Its: Mayor By: Maria Petersen Its: City Clerk STATE OF MINNESOTA ) ss. COUNTY OF ) On this _ day of . 2010 before me a Notary Public within and for said County, personally appeared MIKE MAGUIRE and MARIA PETERSEN to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public as Agenda Information Memo August 17, 2010 Eagan City Council Meeting F. HOUSING IMPROVEMENT AREA POLICY ACTION TO BE CONSIDERED: Approve the City of Eagan Housing Improvement Area (HIA) Policy as amended, incorporating minor procedural clarifications. FACTS: The purpose of this policy is to establish the City's position relating to the use of Housing Improvement Area (HIA) financing for private housing improvements. ➢ The City of Eagan has the authority to establish HIAs under Minnesota statutes 428A.1 1 through 428A.21. Under this authority, the City of Eagan is able to make housing improvements, levy fees and assessments and issue bonds to pay for improvements. ➢ The State recently amended State Statute regarding H IA's. Staff reviewed the City's current policy in comparison to the statute and, while it determined that no changes to are required due to State amendments, it would be appropriate to consider a number of housekeeping updates. ➢ Policy amendments proposed here are minor and are intended to clarify HIA application and approval procedure. Additionally, the policy now requires multiple bids for the improvement work as part of the required development agreement. ➢ The City works closely with the Dakota County CDA to establish HIA's, and the County's review detennined the revised draft policy to be satisfactory. The revised draft Policy is attached for review and includes the HIA approval procedure established by the City of Eagan and the Dakota County CDA. Attachments (1) Revised Draft HIA Policy and Approval Procedure Pagesa througho. CITY OF EAGAN HOUSING IMPROVEMENT AREA POLICY Approved September 20, 2005 Revised October 3, 2006 Revised August 17, 2010 1. PURPOSE The purpose of this policy is to establish the City's position relating to the use of Housing Improvement Area (HIA) financing for private housing improvements. This policy shall be used as a guide in processing and reviewing applications requesting HIA financing. The City shall have the option of amending or waiving sections of this policy when determined necessary or appropriate. II. POLICY It is the policy of the City of Eagan to use HIA financing to assist private property owners only in those circumstances in which the proposed private projects address one or more of the following goals: A. To promote neighborhood stabilization and revitalization by the removal of blight and /or the upgrading of the existing housing stock in the neighborhood. B. To correct housing or building code violations as identified by the City Code Enforcement Staff. C. To maintain or obtain FHA mortgage eligibility for a particular condominium or townhome association or single family home within the designated HIA. D. To increase or prevent the loss of the tax base of the City in order to ensure the long -term ability of the City to provide adequate services for its residents. E. To stabilize or increase the owner - occupancy level within a neighborhood or association. F. To meet other uses of public policy, as adopted by the City of Eagan from time to time, including promotion of quality urban design, quality architectural design, energy conservation, decreasing the capital and operating costs of local government, etc. III. PROCEDURE In order to be eligible for HIA financing through the City of Eagan the association is to submit a preliminary application and follow the established HIA Approval Process as attached, along with an application fee as set from time to time by resolution of the City Council. All HIA financed through the City of Eagan should meet the following minimum approved criteria. However, it should not be presumed that a project meeting these criteria would automatically be approved. Meeting these criteria creates no contractual rights on the part of any association. En- A. The project must be in accordance with the Comprehensive Plan and Zoning Ordinances, or required changes to the Plan and Ordinances must be tinder active consideration by the City at the time of approval. B. The creation of the HIA and HIA financing shall be provided within applicable state legislative restrictions, debt limit guidelines, and other appropriate financial requirements and policies. C. The project should meet one or more of the goals stated in the Policy section of this document. D. The term of the HIA should be the shortest term possible while still making the annual fee affordable to the association members. The term of any bonds or other debt incurred for the area should mature in 20 years or less. E. The association in a HIA should provide adequate financial guarantees to ensure repayment of the HIA financing and the performance of the administrative requirements of the development agreement. Financial guarantees may include, but are not limited to the pledge of the association's assets including reserves, operating funds and /or property. F. The proposed project, including the use of HIA financing, should be supported by a majority (51%) of the owners within the association. The association should include the results of a membership vote along with petitions that indicate a 51 % owner support to create the area. G. The association must have adopted a financial plan that provides for the association to finance maintenance and operation of the common elements within the association and a long -range plan to conduct and finance capital improvements therein, which does not rely on the subsequent use of the H IA tool. The financial plan must be prepared by an independent third party, with designation as a CAI certified reserve specialist, and must conform to CAI Reserve Study Standards. H. HIA financial assistance is a last resort financing and should not be provided to projects that have the financial feasibility to proceed without the benefit of HIA financing. Evidence that the association has sought other financing for the project should be provided and should include an explanation and verification that an assessment by the association is not feasible along with letters from private lenders or other evidence indicating lack of financing options. L The homeowner's association must be willing to enter into a development agreement, which may include, but is not limited to, the following terms: a. Establishment of a reserve fund b. Staffing requirements c. Annual reporting requirements d. Conditions of disbursement e. Required dues increases f. Notification to new owners of levied fees g. Require multiple bids for project construction The improvements financed through the HIA should primarily be exterior improvements and other improvements integral to the operation of the project, e.g. boilers. In the case of a homeowner's association, the improvements should be restricted to common areas. The improvements must be of a a3 pennanent nature. The association must have a third party conduct a facility needs assessment to determine and prioritize the scope of improvements. K. HIA financing should not be provided to those projects that fail to meet good public policy criteria as detennined by the City Council, including: poor project quality; projects that are not in accord with the Comprehensive Plan, zoning, redevelopment plans and the City policies; projects that provide no significant improvement to the neighborhood and /or the City; and projects that do not provide a significant increase in the tax base and /or prevent the loss of tax base. L. The City Council reserves the right to deny funding for specific improvements if they are detennined not to be in keeping with the intent of the policy. M. The financial structure of the project should receive a favorable review by the City's Financial Advisor and Bond Counsel. The review will include a review of perfonnance and level of outstanding debt of previous HIAs. N. The average market value of units in the association should not exceed the maximum home purchase price for existing homes under the State's first time homebuyer program. IV. RESPONSIBILITY The Community Development Department shall have primary responsibility for implementation and coordination of this policy. V. AUTHORITY The City of Eagan has the authority to establish HIAs under Minnesota statutes 428A. I I through 428A.21 Within the HIA, the City has the authority to: A. Make housing improvements B. Levy fees and assessments C. Issue bonds to pay for improvements The City Council has the authority to review each HIA application which includes scope of improvements, association's finances, long -teen financial plan, and at least 51 % membership support. Date of Approval: August 17, 2010 Signed: Mike Maguire, Mayor HOUSING IMPROVEMENT AREA APPROVAL PROCESS CityRole: 0 CDA Role: A (1) INITIAL MEETING WITH STAFF •A (2) PRELIMINARY APPLICATION SUBMITTED To CITY and CDA OA (3) STAFF REVIEWS APPLICATION FOR COMPLETENESS A (4) SITE VISIT •A (5) PRELIMINARY STAFF REPORT A (6) CITY COUNCIL REVIEW AND APPROVAL • (7) APPLICANT SUBMITS APPLICTION FEE TO THE CITY (8) APPLICANT SUBMITS FINANCIAL PLAN (RESERVE STUDY) TO CDA A 1 (9) APPLICANT SUBMITS PETITIONS TO CDA A (10) CDA STAFF REPORT TO CITY A (11) CITY (or Financial Advisor) STRUCTURES FINANCING TERMS 0 (12) ESTABLISH TERMS OF DEVELOPMENT AGREEMENT • A (1 3)) CITY ATTORNEY PREPARES DEVELOPMENT AND RELATED DOCUMENTS • (14) PUBLIC HEARING NOTICE GIVEN • (15) CITY STAFF PREPARES FINAL STAFF REPORT • (16) CITY COUNCIL HOLDS PUBLIC HEARING, ADOPTS ORDINANCE AND DESIGNATES IMPLEMENTING ENTITY • (17) CDA (Or Inspecting Agent) APPROVES DRAW REQUESTS AND COMPLETION OF WORK A as (1) City and CDA staff explain policy and process for establishing HIA (2) Applicant submits Application to City with a copy to the CDA (3) CDA Staff reviews application for completeness. Follows up with applicant regarding any missing information or to answer any questions for preparation of preliminary staff report. (4) Site visit by City Code Enforcement staff and CDA staff to identify (1) code issues (City) and (2) general assessment of physical condition of property to verify proposed improvements are necessary and /or identify needed improvements not identified in scope of work (CDA). (5) CDA staff prepares preliminary staff report based on review of application, site visit, and initial ball -park financial analysis; submits to City staff (6) City Council reviews request (7) Upon notification by City of Council approval, CDA staff will request that applicant submit application fee to City. City notifies CDA staff upon receipt of application fee. (8) CDA staff reviews financial plan; if CDA detennines that capacity is not available to review and evaluate financial plan, City hires financial advisor to review plan. (9) CDA reviews petitions for compliance with policy requirements (51 %) (10) CDA submits second report to City, summarizing findings of reserve study and petitions review, and recommends requirements to be included in Development Agreement (1 1) City and /or financial advisor recommend debt instruments, financing terns, and determines financing costs to be reimbursed. (12) City and CDA establish terms of development agreement based on CDA review and City financing terns. CDA summarizes terns and discusses with applicant. (13) City Attorney prepares development agreement related documents. (14) Notice of public hearing is published in official city publication and mailed to each property owner. (15) City staff prepares staff report for the Applicant and City Council. The report will include feasibility, policy, procedural, and scope of work review by CDA staff, financial analysis by City and /or Financial Advisor, and legal analysis by the City Attorney. (16) City Council holds public hearing and adopts ordinance declaring Housing Improvement Area and designating Implementing Entity. (17) CDA and /or Inspecting Architect approves draw requests and completion of work Agenda Information Memo August 17, 2010 Eagan City Council Meeting G. PLANNED DEVELOPMENT EXTENSION — EASTER LUTHERAN CHURCH ACTION TO BE CONSIDERED: Approve a five year Extension to the Eastern Lutheran Church Planned Development located at 4545 Pilot Knob Road in the SE' /4 of Section 28. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: The original PD was approved on July 16, 1996 for a term of 15 years. The approved development included three phases and a total of 104,000 SF. The phases feature uses that include, but are not limited, a fellowship hall, family life center, classrooms, sanctuary, meeting rooms and structured parking. The first phase of development (22,500 SF) was completed in 2001. Subsequently, the economy and other factors have hampered the church's ability raise funds for the future phases. r No changes to the PD are proposed; however, the church believes the extension will assist as they continue to fundraise for additional phases. ATTACHMENTS: (3) Location Map on pageco . Easter Lutheran letter on page Easter Lutheran Site Plan on page Cqz* � •• -- -- ► /�. � • •- 11111 ....� ..� ••AI ■� ■■ i� ■:: .111E . " .. �� .� :i■■■■■� -�. �:. � 111 oil IN ....:::: :: _ . ■� �■ -: C■ ■ ■" ■� ■iii■• rhomas Lake Park LOW IN oil Mg IN OIL SO . ►;��; ':� � � iii► Imo.' � •� \ ,� i�����i��►; -ai��� jig► 1�:111�r ��.r���•1� ■ '':' °- = ='•� ��� =��� � � X11 �� ;�i iii�il� = ���; ice �: ■� �� D�� ♦ �. � �■ �� ■ '���i � �/i �� ��1 �� ���� � ,�, �� ■ ' III ♦♦ ■ Easter Lutheran Church James P. Borgschatz, Pastor Paul H. Harris, Pastor Kevin C. Olson, Pastor Kristen K. Capel, Pastor Sarah CR. Clark, Pastor July 15, 2010 Michael Ridley, City Planner 3830 Pilot Knob Road Eagan, Minnesota 55122 -1897 Regarding PUD with Easter Lutheran Church and City of Eagan Dear Mr. Ridley: 4200 Pilot Knob Road Eagan, MN 55122 -1822 651- 452 -3680 fax: 651-452-9894 www.easter.org The PD contract for the development of the property at 4545 Pilot Knob Road, also known as Easter by the Lake to us, is due to expire in June of 2011. We would like to extend the term of the PD if possible for 5 years (or as many as 10 years to align with our Long Range Planning Goals for 2020). Shortly after we built the first unit of the master plan in 2001 a world- changing event took place, namely "9/11." That event had lasting effects on both worship patterns and the economy for several years. In 2005 building cost estimates were quite high and we decided to defer building for a couple of years. In 2008 a major recession began also having significant effects on economics. (For example: in December 2008 we began a Job Transition support group at Easter hosting 12 to 16 persons weekly. Over the past two months the attendance has ranged from 65 to 100. We are at least in a jobs recession still.) In November of 2009 we began to get current estimates for construction in this market hoping to move ahead this spring. While the cost per square foot was very reasonable we conducted a Planning and Assessment Study for fund raising in April and May. The report said that we had broad support, but no major gifts identified and the amount of money we could raise over three years would likely be less than half the amount needed. (The 35,000 square foot Phase II project cost was estimated at +/- $8 million. Fund raising consultants estimated potential giving over three years at $3 million. And we already have a $3.6 million debt.) We want to move ahead but at this time we simply can't afford it. Therefore, we are asking to be considered for an extension in the PD timeframe without adjusting the other terms or conditions. As part of our long range and master planning we are reviewing the assumptions that went into the Master Plan that is currently agreed to. When we have information for the City, we will gladly sit down and plan with you. We are not planning on asking for any larger usage than has already been approved Let me know what I can do to facilitate this request. Pastor Jim Borgschatz .JUL 15 &zulo II HARD COVER (CURRENT CALCULATION) CROSS SITE AREA (15.3 ACRES) 665,639 sq. ft. AREA ORE*,— ORO — wA ER ELEV 150.)70 sA." a o. w. OEOICAD (1.6 ACRES) .3,153 -O. NET SITE AREA (10.2 ACRES) 446,163 sq.N. IMPE91n0U5 AREA sell. wD '00— T .0.200 -IL OMVES/SUWA —ftC 3,..000 -It I—C KM X.3,00 -y . PLA,AS/ —LKS 10,000 -11. TOTAL 175.000 sq.R. PERCENT IMPERVIOUS. 39.2% HARD COVER (ORIGINAL CALCULATION) CRCSS SITE AREA (15.3 ACRES) 665,639 AREA SCLOw OR"MY •.G wAtER ELEV Isc''. o —It R.O. w. DEOCAnW (.36 ACRES) I5.03 -ft, NET SITE AREA (11.5 ACRES) 499.427 sq.!t. IMPERVIOUS AREA ELAbD E00—T 60.100 qM. DMWS,'R✓a ACE PAR—C 13,000 -M Pwr DEC 56.11DO wM PV3AS/'wALKS 10.000 -M TOTAL 175.000 q.ft. PERCENT IMPERVIOUS' 35% ?ARK'NG RATIO SANCTUARY CAPACITY 1.050 SEATS TOTAL 381 SPACES 2.76 ULTIMATE DEIF_LOPMENT 525 SPACES 2,0 (PAR —C OECR - 473 / RTR.ACE - 52) I F �I R 31 THOMAS LAKE n N^SX' E 3A6 CC I I I I � RI I I I _ I _ 1 I l 1 I C I r k. � z mUCAT1pN ! _ ee3ra• E r� ;r � Q i Toms IM1R ouoel i � � w� II IIIIIIillllllll ,,.� � I �kr I I � Illl�ll�jiilllllty � 11i lllllilll U z - )TI tF t 1 111 v , ;— rcrp��j(� .m....�.,em 3 :: I..�.. ....._ _ /_. _...iYO• .= LIDO' I `n c•J. :.• JO�' u so•J.,4'. E_ •. .._.. 7' P' E 3')00' iI IuanR.a SITE PLAN (ULTIMATE) it Pi✓B�NARY LAYOUT AID 3LHFACE PEAK m I EED—t `•_•�— Master Plan Pf$1.411fLA LAYOUT AID S,FFACE PLA )�I : ; ; ;it:. a Easter Lutheran Church ,hEI E ITT Tn m 3 D 1; !I, q Thomas Lake Site �''� ��p�p�oo�� Eagan. Minnesota V, D Agenda Information Memo August 17, 2010 Eagan City Council Meeting H. SOUND AMPLIFICATION PERMIT — FAITHFUL SHEPHERD ACTIONS TO BE CONSIDERED: APPROVE a sound amplification permit for an outdoor event with electronic sound system /audio equipment use after 10 p.m. to be held on September 18, 2010 at 3355 Columbia Drive. FACTS: An outdoor event with musical entertainment past 10 p.m. requires a permit and approval from the City Council and is subject to the requirements outlined in City Code Chapter 10, Sec. 10.31. Eagan PD has reviewed and signed off on the application. Faithful Shepherd is planning a 7th Annual Septemberfest school fundraiser outdoor event September 17 -19, 2010. The live music for which the sound amplification permit is required is planned for Saturday the 18t" from 6:30 p.m. until 11:30 p.m. The event will occupy the entire parking lot on the west side of the building. ' Surrounding uses within '/4 mile are industrial to the north and east, business park to the west, and multi- family residential and vacant property south. The stage and amplification equipment will face north, toward the industrial area. y A temporary liquor license request is also on the agenda for this event. A temporary barrier prevents unauthorized access to the event. Access is required through the entry gate at the south. Due to a south - facing stage, the 2008 event generated several complaints. The 2009 event, with the stage and speaker layout facing north, eliminated noise complaints. The applicant is requesting a fee waiver for the outdoor event with noise permit. ATTACHMENTS: (2) Location map on page 2 A copy of the permit, site plan and radius map is attached on pages32 through . O) Location Map auavle ^� DR � T 43 01 ay •� � r• .� i Map Area Extent r �I� � I Un I { Subject Site North Park Park U Ll •� 1 � Z i Wescott.Commons Park VE S 1 O'Leary Lake Park ; "KS R `- CT I � T x DUCK:` :O'IDDRIVE DUCKWOOD DR T Feet 0 500 1,000 2,000 Faithful Shepherd Legend 3355 Columbia Drive City Boundary Parcels Parks Buildings N City � of E� 3a l `T City of Eagan 3830 Pilot Knob Road Eagan MN 55122 Phone: (651) 675 -5675 Fax: (651) 675 -5694 Use BLUE or BLACK Ink ------------------ For Office Use Permit #: I I Permit Fee: Date Received: j Staff: %1 I ------ --- - - - - -- 2010 SOUND AMPLIFICATION PERMIT (OUTDOOR EVENTS AFTER 1OPM) ✓ Eagan City Code Section 10.31 requires a permit for outdoor electronic sound system / audio equipment use after I O:OOPM. A completed written application meeting the requirements of Section 10.31, accompanied by a payment of $75.00 and a site plan must be filed with the Community Development Department three full weeks in advance of the City Council meeting at which it will be considered. A copy of Section 10.31 is attached for your use. ✓ Sound produced under the permit shall not exceed the maximum allowable sound pressure level as measured by Type 1 or 2 decibel meter, using the A- weighted fast response scale meeting ANSI Specifications, Section 1.4 – 1971. _ /, mile radius from the property line, 3 -5 feet above ground level – 55 decibels 'h mile radius from the property line, 3 -5 feet above ground level – 50 decibels ✓ City Council approval is also required in instances where liquor will be present. In those cases, you may submit the liquor license application at the same time sound amplification permit so both may be considered at the same City Council meeting. ✓ PLEASE PRINT ALL INFORMATION REQUESTED ON THIS APPLICATION APPLICANT (INDIVIDUAL ORGANIZING EVENT) Name: U1_tfZ=� %f ��� Address; C uI�'t ¢ZjL' Phone: J ° C "%C %( "I z % 7 Alternative Phone: 7 Fax: (r, `' ��, -, - % �j Email: Name of individual j responsible for event:} Address: t / Contact phone _� // - l7 it % -- J�% l /e -t i�eduring the event: 6,s/ ', `7 3,4 d % EVENT Phone: %� �,�`� f >c Alternative Phone: e7' `} C�%`S(c� /`�� CONTACT INFORMATION* Fax: _ — Email: K, V-1 �� / h/_7 `/ i; Alo %7rf3,C�'/° This person must be present at all times during the event and act as the on -site contact for City officials during the event. The applicant and the contact person shall be responsible for compliance with the terms and condition Imposed by the permit and Section 10.31. The applicant or contact person shall maintain the permit on the permitted premises at all times during which the permitted electronic sound system or audio equipment is in use. The permit shall be presented to any City official or law enforcement officer upon demand. Address of event:�11._r Purpose of event: + V- /��l�(rjS._�,r> /Z 17) 1 '/ � j =tJL Date(s) of event & day(s) of the week: ? % J1 _jC EVENT _ - __— DETAILS Times of event: Start: � 0 Finish: Set up begins at: C� Take down completed 4� (Date / Time) !� %�' �_G0 % by: (Date / Time) l _7 0 '/-'vo Maximum number of people G in attendance on any day: 2010 SOUND AMPLIFICATION PERMIT Page 1 of 3 -3 PERMIT Description of electronic sound system or audio equipment: Type of sound to be generated (live music, recorded music, announcements, speeches, etc): iil� 1��- irz Sound will be generated during these hours each day: Name of contractor / individual responsible for sound: Address: -z— (Cj"-/ 14tz 1 % Phone: Alternative Phone: Will there be hired speakers performers at the event? Yes E]No If yes, name individuals Description of entertainment to be provided: Name Address City State I Zip 00, R R i I � V 0 ROCKG-f QU)'-R Narre Address City I State i Zip Name. Address City I State I Zip Will food or alcohol be served at the event? '% Yes ❑ No NOTE: Additional Permits may be necessary lf yes, describe: L)- -Z OU0 _F6c) 04— r# Describe the event in detail. 7'D W - -- - ------- El Attach 2 copies of a Site Plan. Include location of tents, stages, booths, first aid/ relief stations, dumpsters, portable toilets, sound amplification equipment, signs and banners. Be specific as to the placement of sound system speakers and the direction the sound will travel, NOTE: Additional Permits may be necessary 2010 SOUND AMPLIFICATION PERMIT Page 2 of 3 211 PERMIT zD7 List the cities in which the applicant or contact person has been issued a similar permit in the last five (5) years by this city or any other municipality or government entity with authority to issue such similar permit. Include contact information for the permitting entity and a statement as to whether the applicant or contact person was or was not in violation of any term or condition of the permit. r� d 0 6 `l - _ A P -eL.t CH n.t T__V1AS Irv, C.Mp_!Ti6� IS _aP PF_R1}1Lr•- The City Council may deny the permit if the proposed use of electronic sound system or audio equipment will adversely affect surrounding properties. The City Council may impose conditions upon the issuance of any permit that are reasonably related to ensure that the sound yenereted by the permitted sound system or audio equipment does not unreasonably disturb the persons and property surrounding the permitted location. i nave received from the City of Eagan a copy of Eagan City Code 10.31 (Noisy Gatherings and Electronic Sound System Equipment) w)(J will fanniliarize myself with the provisions contained within them. I hereby acknowledge that I have read this application, state the application is correct, and agree to comply with Eagan, MN laws n „lulating nose and lIctron t sound systems I audio equipment use after 10:OOPM, and all other City Codes and State laws. Applicant's rim ed arne Applicant's Signature Date FOR CITY OFFICE USE ONLY Character and nature of land uses underlying and adjacent to the land upon which the electronic sound system or audio equipment will be used: tiloRT'-( � 'Ff4ST - 1 N 1_U ST R 1 A �- W E s - - u s I_ kt t S S _R K - - -- - - - - -- - -- - SQU A-1 A1Ut -.''t FAm_U ---\_( RE5t0.EAJ1 -1. L _ VACIIAJT Beat: Has the applicant or contact person complied with the terms of previous or similar permits issued by another municipality or government agency during the last five years? y� 5 Permit reviewed by: -... Commimyf Development olive Approved by City Council: Date NEW 2010 SOUND AMPLIFICATION PERMIT Page 3 of 3 PERMIT fl%/.01, e710 (nc }'<< <�i�lr< <r�r rrrsw kelwo. x:935 Columbia Orivt, - Cation, ,Alinnesnta `i5t.?1 ['hone (�51.tOt� t� k7 �ewa.l�ismn.or�l .tune 23, 2010 City of Eagan City Council 3830 Pilot Knob Road Eagan, MN 55122 Dear City Council Members: I respectfully request that the Fagan City Council waive the 575.00 application fee for a Sound Amplification Permit for Saturday, September 18th . We are holding our annual "Septemberfest'' at Faithful Shepherd Catholic School and Tri- Parish Center. The purpose of "Septemberfest" is fundraising. All proceeds fi-om the event will go to the school. Faithful Shephci-d Catholic School will follow the City ofEagan's Noise Ordinance Amendment by incorporating procedures that will be followed to limit objectionable noise levels. If you have any questions, I can be reached at 651 -592 -3627. Thank you for your consideration. Respectfully submitted, f� f, V Mark McGinty, Septemberfest Chair 2009 Faithful Shepherd Catholic School "Septemberfest" Faithful Shepherd Catholic School and Tri- Parish Center • Serving the parishes of St. fohn Neumann, St. Peter and St. Thomas Becket 3-7 FEE WAIVER REQUEST Amplified Noise Map-Faithful Shepherd I Miles 0.125 0.25 0.5 Agenda Information Memo August 17, 2010, Eagan City Council Meeting I. APPROVE TEMPORARY ON -SALE LIQUOR LICENSE AND WAIVE LICENSE FEE FOR FAITHFUL SHEPHERD CATHOLIC SCHOOL ACTION TO BE CONSIDERED: To approve a temporary on -sale liquor license and waive the license fee for Faithful Shepherd Catholic School. FACTS: ➢ Faithful Shepherd Catholic School has requested a temporary on -sale liquor license be issued to them for their annual Septemberfest Celebration to be held on September 18, 2010. The purpose of the event is to raise funds for the school. The application form has been submitted and deemed in order by staff. ➢ Faithful Shepherd Catholic School is asking that the $150.00 license fee be waived. Following Council approval, the application will be forwarded to the Department of Public Safety /Liquor Control Division for their approval. ATTACHMENTS (1): Letter enclosed on page 4 3q FAITHFUL SHEPHERD Inhere e.7ucaliuual e.-%:cellcnce and God) gtilo are acrakened. 9355 Cohmnhla Drire Eagan, hiinnesata 55121 Phone 651.406.4747 %w%w.fscsnm.org i June 14, 2010 Dear City Council Members, I respectfully request that the Eagan City Council waive the $150.00 application fee for a temporary liquor license on September 18, 2010. We are holding our annual Septemberfest Celebration at Faithful Shepherd Catholic School and Tri- Parish Center. The purpose of the event is fundraising. All proceeds will go to the school. Faithful Shepherd Catholic School will follow the City of Eagan's ordinance amendment by incorporating procedures that will be followed to engage in the temporary sale of alcoholic beverages. ➢ The designated property of the event will be limited to the school grounds, which includes the school's building. The following security measures will be taken to ensure proper safety in enforcing alcohol beverage sale and consumption laws, crowd control, public safety, and check the ages and identification of all attendees. ➢ No person under the age of 21 will be sold or served alcoholic beverages ➢ No person will sell or give alcohol beverages to an obviously intoxicated person. ➢ All persons who consume, purchase, or possess an alcoholic beverage in the licensed area will be issued and required to wear a wristband. (Wristbands will be purchased from an approved vendor list provided from the City of Eagan.) ➢ The Welcome Committee will verify proper photograph identification for those individuals that are under the age of 21. ➢ No person selling alcohol shall be intoxicated during his or her work shift. ➢ Licensee will post signs at all entrances of the school to notify the public that sales to and consumption of alcoholic beverages by person's under the age of 21 or to person intoxicated is prohibited. ➢ Licensee will provide volunteer private security to monitor the licensed area. ➢ Licensee will follow the designated hours listed in the City of Eagan procedures. ➢ Licensee will designate an on -site manager of the licensed area who shall be within the licensed designated area at all times during the hours of sale. The onsite manager will complete training in alcohol beverage service and will train servers and security personnel in the same. If you have any questions, I can be reached at 651- 406 -4747. Thank you for your consideration. Respectful ubmitted. John Boorfe Principal Faithful Shepherd Catholic School and'frt•Parlsh Center • Serving the parishes of St. john Newnmui, St. Petrr and St. 'ilwmas Becket Agenda Information Memo August 17, 2010, Eagan City Council Meeting J. RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT DIRECTION TO BE CONSIDERED: ➢ To recommend approval of a Resolution electing to continue participating in the Local Housing Incentive account program under the Metropolitan Livable Communities Act. FACTS: The Metropolitan Livable Communities Act (Minnesota Statutes sections 473.25 to 473.255) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area. ➢ The Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the Livable Communities Demonstration Account, the Local Housing Incentive Account and the Inclusionary Housing Account, is intended to provide certain funding and other assistance to metropolitan -area municipalities. ➢ A metropolitan -area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from the Minnesota Department of Employment and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under Minnesota Statutes section 473.254. ➢ The Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life -cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide. ➢ Previously negotiated affordable and life -cycle housing goals for municipalities participating in the Local Housing Incentives Account Program expire in 2010. ➢ A metropolitan -area municipality can participate in the Local Housing Incentives Account Program under Minnesota Statutes section 473.254 if: (a) the municipality elects to participate in the Local Housing Incentives Program; (b) the Metropolitan Council and the municipality successfully negotiate new affordable and life -cycle housing goals for the municipality; (c) the Metropolitan Council adopts by resolution the new negotiated KI affordable and life -cycle housing goals for the municipality; and (d) the municipality establishes it has spent or will spend or distribute to the Local Housing Incentives Account the required Affordable and Life -Cycle Housing Opportunities Amount (ALHOA) for each year the municipality participates in the Local Housing Incentives Account Program. ➢ The City has completed the first three items through its 2008 Comprehensive Guide Plan Update and it conforms to the fourth item through the Dakota County CDA's annual levy and budgeted expenditures. ATTACHMENTS: Resolution will be distributed on Monday prior to Council meeting. 40� Agenda Information Memo August 17, 2010 Eagan City Council Meeting K. CONTRACT 10-17,2010 CITY -WIDE STREETS SEALCOAT IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the final payment for Contract 10 -17 (20 10 Citywide Street Sealcoat Improvements) in the amount of $240,000.00 to Astech, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 10 -17 provided for the sealcoating of 257,000 square yards of street and parking lot surfaces throughout the City as part of this annual street maintenance effort. In response to past resident's concerns, no cul -de -sac bulbs were sealcoated with the rock chips. They were treated with a slurry seal under a separate contract. • 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. 41-1 Agenda Information Memo August 17, 2010 Eagan City Council Meeting L. CONTRACT 10 -02, CITYWIDE STREET OVERLAYS ACTION TO BE CONSIDERED: Approve the final payment for Contract 10 -02 (Citywide — Street Overlays) in the amount of $51,017.72 to Bituminous Roadways, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 10 -02 provided for the bituminous overlay of: o Lexington Parkview (City Project 1008) o Greensboro Addition (including Hunter Lane stub street removal, Project 10 18) o Thomas Lake Woods (Project 1020) o Overhill Farm (Project 1022) o Eagan Royale/ Safari Estates 2 "d/ Safari 3`d & 4'" (Project 1023) o Oak Cliff 4'h Addition (Project 1025) o Northview Meadows 2 "d Addition (Project 1026) o Patrick Road (Project 1027) • 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. u4 Agenda Information Memo August 17, 2010 Eagan City Council Meeting M. CONTRACT 10 -12, OAK HILLS CHURCH 2ND ADDITION UTILITY SERVICES ACTION TO BE CONSIDERED: Approve the final payment for Contract 10 -12 (Oak Hills Church 2nd Addition – Services) in the amount of $26,169.58 to Burschville Construction, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: Contract 10 -12 provided for the installation of water and sewer services to the two newly created single- family lots of the Oak Hills Church 2nd Addition located along Coachman Road south of Yankee Doodle Rd, in accordance with the waiver of objection to special assessments for the improvements with Oak Hills Church. • 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. 45— Agenda Information Memo August 17, 2010 Eagan City Council Meeting N. CONTRACT 10 -09, CLIFF ROAD TRUNK WATER MAIN IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract 10 -09 (Cliff Road - Trunk Water Main Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, September 16, 2010. FACTS: • Contract 10 -09 provides for the trunk water main improvements along Cliff Road between Lexington Avenue and Dodd Road, as outlined and discussed in the feasibility report for City Project 1033. • On August 2, 2010, the City Council held a public hearing for Project 1033. After public testimony regarding proposed trunk water assessments, the Council approved the project and authorized preparation of detailed plans and specifications for the 2010 construction season. • The plans and specifications have been completed by the City's consulting engineer Bonestroo, Inc., 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 system, 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 public improvement projects for the City. • The BVC method of procurement has been successfully utilized for several previous City contracts since 2008. • 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. 21te Agenda Information Memo August 17, 2010 Eagan City Council Meeting O. LAKE MANAGEMENT PLAN BLACKHAWK LAKE & THOMAS LAKE ACTION TO BE CONSIDERED: Approve a Consulting Engineering Contract for the preparation of lake management plans for Blackhawk Lake and Thomas Lake with Wenck Associates, Inc. and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Since 1990, the City of Eagan has engaged in intense and sustained management of its lakes and their watersheds in a comprehensive effort to improve water quality by reducing in -lake total phosphorus (TP) concentrations. These efforts have included studies of Fish and Schwanz lakes that were sponsored in the mid -1990s by the Minnesota Pollution Control Agency (MPCA) Clean Water Partnership Program. • On August 2, 2010, the City Council authorized submittal of an application to the MPCA for a Clean Water Partnership Grant to address the proposed Blackhawk Lake and Thomas Lake Management Plans. A successful grant proposal would provide partial funding for these efforts. • Consistent with the City's Water Quality & Wetland Management Plan, proposals were requested to assist the City with the preparation of state -of -the -art water quality management plans for Blackhawk Lake and Thomas Lake. These 40 -acre lakes are central, significant features of their namesake Eagan parks, which are among the City's largest and among the most frequented by local and regional residents. Both lakes also are significant components of Eagan's stormwater management system. • Similar to a Total Maximum Daily Load (TMDL) effort, the proposed plans will evaluate in- lake water quality, assess the TP loads affecting each system, and develop implementation plans to address needs. The ultimate objectives are to implement priority system improvement projects and activities to benefit Eagan's third (tied) highest priority lakes. These proposed plans follow recent efforts completed for the top two priority lakes the Fish Lake Nutrient Impairment TMDL and Schwartz Lake Nutrient Management Plan, which was also sponsored by a MPCA grant. • Three firms submitted proposals in response to the formal request for proposal or RFP. The proposals were reviewed by Public Works staff consisting of Water Resources and Engineering personnel. A staff committee interviewed the top scoring respondent during the week of August 9. The staff committee has found Wenck Associates, Inc. to be favorable for the City Council's consideration of approving a contract for engineering services related to the preparation of lake management plans for Blackhawk Lake and Thomas Lake. 4f I Agenda Information Memo August 17, 2010 Q. APPROVE RESOLUTION EXPRESSING THE CITY OF EAGAN'S INTEREST TO BE A PARTICIPANT IN THE MINNESOTA GREENSTEP CITIES PROGRAM ACTION TO BE CONSIDERED: To approve a resolution expressing the City of Eagan's interest to be a participant in the Minnesota GreenStep Cities Program FACTS: • Per the recommendation of the Energy and Environment Advisory Commission (EEAC), and per the discussion at the joint meeting of the Council and EEAC on August 9, 2010, it is proposed that the City of Eagan become a participant of the GreenStep Cities program. Under the guidance of the Minnesota Pollution Control Agency (MPCA), the Minnesota GreenStep City program is a challenge, assistance and recognition program to help cities achieve their sustainability goals through implementation of 28 best practices. Each best practice can be implemented by completing one or more specific actions from a list of four to eight actions. These actions are tailored to all Minnesota cities, focus on cost savings and energy use reduction, and encourage innovation. • The MPCA estimates that the program takes 2 -3 years to complete, although given the number of best practices that the City already meets, the timeline may be condensed. • The Energy and Environment Advisory Commission looks forward to working in partnership with students from the University of Minnesota's Sustainability Capstone Course, who will inventory Eagan's current sustainable best practices that meet the GreenStep requirements, and provide recommendations and research on additional GreenStep best practices that the City may wish to consider. • The first GreenStep City program requirement is to submit an approved resolution from the City Council supporting the City's participation in the GreenStep program. ATTACHMENTS: • Enclosed on pages 1 and � is the proposed GreenStep Cities resolution. W CITY OF EAGAN RESOLUTION NO. 10- RESOLUTION OF SUPPORT FOR THE CITY OF EAGAN'S PARTICIPATION IN THE MINNESOTA GREENSTEP CITIES PROGRAM WHEREAS, the Eagan City Council has adopted a 2009 -2010 goal to exemplify a broad - based and comprehensive commitment to environmental sustainability and energy efficiency by adopting conservation and alternative energy strategies pursuing the use of local, non - polluting, renewable, and recycled resources, while encouraging residents and businesses to do likewise; and, WHEREAS, the Eagan City Council created an Energy and Environment Advisory Commission (EEAC) in February 2010 to review and carry out the environmental and sustainability goals and initiatives of the City; and, WHEREAS, the City of Eagan has signed the U.S. Mayor's Climate Protection Agreement; and, WHEREAS, a broad coalition of public and private stakeholders including the League of Minnesota Cities, the MPCA, Office of Energy Security and Clean Energy Response Team (CERTs) responded to 2008 State legislation by establishing the Minnesota GreenStep Cities program to provide a series of sustainable development best practices focusing on local government opportunities to reduce energy use and greenhouse gases; and, WHEREAS, the Minnesota GreenStep Cities program provides cost - effective sustainable development best practices in the following five categories: (1) Buildings and Lighting; (2) Transportation; (3) Land Use; (4) Environmental Management; and (5) Economic and Community Development; NOW, THEREFORE, be it resolved that the City Council of the City of Eagan does hereby authorize the City of Eagan (the "City ") to participate in the Minnesota GreenStep Cities program. Be it further resolved that the City: Appoints Dianne Miller, Assistant to the City Administrator and staff liaison to the Energy and Environment Advisory Commission, to serve as the City's GreenStep coordinator to facilitate best practices review and implementation; and 2. Will facilitate the involvement of the Eagan Energy and Environment Commission, Eagan City Council, City staff, and constituents in the planning, promoting and consideration of implementing GreenStep Cities best practices; and 3. Will work in partnership with the University of Minnesota's Sustainable Education department by working with a team of students from a Sustainability Capstone Course, who will inventory Eagan's current sustainable best practices that meet the GreenStep 44 requirements, and provide recommendations and research on additional GreenStep best practices that the City may wish to consider; and, 4. Will claim credit for having implemented and/or will implement at least 16 required and optional GreenStep best practices that will result in energy use reduction, economic savings and reduction in the community's greenhouse gas footprint. 5. Will work with the MPCA to post a summary of the City's implementation of best practices on the Minnesota GreenStep Cities website. ADOPTED by the Council this 17th Day of August, 2010. ATTEST: Maria Petersen, City Clerk Mike Maguire, Mayor F—INWIN 014 Agenda Information Memo August 17, 2010 R. APPROVE PARTNERSHIP BETWEEN THE CITY OF EAGAN AND THE UNIVERSITY OF MINNESOTA DEPARTMENT OF SUSTAINABLE EDUCATION ACTION TO BE CONSIDERED: To approve a partnership between the City of Eagan and the University of Minnesota Department of Sustainable Education FACTS: • Per the recommendation of the Energy and Environment Advisory Commission (EEAC), and as discussed at the joint meeting of the City Council and EEAC on Monday, August 9, the City has contacted State Senator Ellen Anderson, who is the instructor of a Sustainability Capstone Course at the University of Minnesota, to inquire as to her interest in having a group of students assist the City of Eagan in a semester -long project to begin the GreenStep Cities program. • As the enclosed proposal indicates, the Capstone students would assist City staff and the EEAC by providing an inventory of Eagan's current sustainable best practices that meet the GreenStep requirements, and provide recommendations and research in the form of a report on additional GreenStep best practices that the City may wish to consider. • State Senator Ellen Anderson has expressed her enthusiasm in working with the City of Eagan on the project. • The work provided to the City would be advisory only, and would be of no cost to the City. • The proposed timeline is to received a midterm report by the students at the October 12 EEAC meeting, and final report from the students at the December 14 EEAC meeting. ATTACHMENTS: • Enclosed on pagessa and-53 is the University of Minnesota Sustainable Communities Capstone Project Proposal, as prepared by the EEAC. S/ University of Minnesota Sustainable Communities Capstone Project Proposal Synopsis & Obiectives In its July workshop, the newly formed Eagan Energy & Environment Advisory Commission (EEAC) passed a motion recommending that the City of Eagan begin to explore its participation in the GreenStep Cities program. GreenStep Cities is a challenge, assistance and recognition program to help Minnesota's cities achieve their sustainability goals through implementation of best practices. Each best practice can be implemented by completing one or more specific actions from a list of four to eight actions. These actions are tailored to all Minnesota cities, focus on cost savings and energy use reduction, and encourage innovation. The GreenStep Cities program grew out of a 2009 report to the State Legislature and is led by the Minnesota Pollution Control Agency. The EEAC appreciates the opportunity to serve as the capstone project client for a group of four to six students in the University of Minnesota's Sustainable Communities course. Through this project, students can play a pivotal role in helping the EEAC formulate recommendations on how the City of Eagan can achieve its sustainability goals. The main objective of this capstone project will be to work with city staff and members of the EEAC to assess what best practices the City of Eagan has already completed, and to recommend additional actions the City can undertake —in the most effective manner possible, recognizing limited resources —in order to meet the full suite of 16 required best practices Eagan must implement as a category A city. Tasks 1. Become familiar with the GreenStep Cities program 2. Communicate with city staff (via Dianne Miller) and EEAC members to: a. Assess which best practices the city has already fully or partially completed, b. Evaluate additional actions the City of Eagan should consider in order to implement the full suite of 16 best practices required of a category A city. 3. Develop a methodology to evaluate and rank best practice actions the EEAC should consider recommending. The methodology should consider a variety of factors such as: number of people affected; net cost; long -term sustainability and ongoing costs; social, environmental and economic benefits; availability of funding, partners, technical assistance, etc. 4. Develop an implementation strategy for each best practice Deliverables 1. Midterm progress report that provides an initial assessment of what best practices the City of Eagan has already completed, and details the methodology for ranking best practice actions. 2. Final report and presentation to the EEAC: The final report should include: • Executive summary, • Overview of the GreenStep Cities program, • Assessment of City of Eagan's progress to date with respect to the GreenStep Cities program, • Description of the methodology used to analyze best practice actions, M • Detailed evaluation of additional best practice actions the EEAC should consider recommending for implementation. The City of Edina's Green Step Cities Pilot Report should be consulted as a model. The evaluation of recommended best practices the EEAC should consider should include: • Description of best practice, • Assessment of actions Eagan has done to date in this best practice area, • Additional actions needed to fulfill best practice requirements, • Barriers to implementation, • Cost considerations for implementing each best practice action (order of magnitude estimates will suffice), • Benefits of implementing each best practice action —e.g. health, air and water quality, energy and emission reductions, cost savings, vehicle miles travelled reductions, safety and resource security, community building and civic engagement, etc. • Population served and affected by implementing each recommended action, • Implementation plan identifying potential partners, funding sources, technical assistance providers, etc. As part of the report, a summary table should indicate what best practices the City of Eagan has already completed and what additional actions EEAC should consider recommending in order to implement the full suite of 16 required best practices. Timeline and Communications • Oct. 12, 2010 EEAC meeting — provide criteria for selecting actions to implement best practices. Initial assessment of what best practices the City of Eagan has already completed. • Dec. 14, 2010 EEAC meeting — provide full report and Power Point presentation to the Commission outlining deliverables listed above. • Two check -in meetings over the course of the semester with the EEAC subcommittee, one before each EEAC meeting. o The students may communicate with the subcommittee members over the course of the semester. • Dianne Miller will serve as the primary contact to connect students with city staff. Recommended References City of Edina's GreenStep Cities Pilot Report NextStep Sustainable Communities http:/ /www.nextstep.state.mn.us GreenStep Cities: http://www.mni4reenstep.org EEAC Value Statements and Goals Requested Action by the Commission on Monday 8/9 The subcommittee requests feedback, approval of this proposal, and authority to modify it, within reason, based on discussions with the University course instructors. SS Agenda Information Memo August 17, 2010 S. APPROVE THE 2010 -2011 ENERGY AND ENVIRONMENT ADVISORY COMMISSION GOAL AND VALUE STATEMENTS ACTION TO BE CONSIDERED: To approve the 2010 -2011 Energy and Environment Advisory Commission Goal and Value Statements FACTS: • Per the recommendation of the Energy and Environment Advisory Commission (EEAC), and as discussed at the joint meeting of the City Council and EEAC on Monday, August 9, the EEAC is proposing four value statements and one goal for 2010 -2011. The EEAC's recommended goal is to have the City of Eagan participate in the GreenStep Cities program, which is a challenge, assistance and recognition program to help cities achieve their sustainability goals through implementation of 28 best practices. Each best practice can be implemented by completing one or more specific actions from a list of four to eight actions. These actions are tailored to all Minnesota cities, focus on cost savings and energy use reduction, and encourage innovation. • The value statements and goal were developed by the EEAC over two workshops. ATTACHMENTS: • Enclosed on page 4; are the 2010 -2011 Energy and Environment Advisory Commission proposed goal and value statement. G4 2010 -2011 ENERGY AND ENVIRONMENT VALUE STATEMENTS AND GOAL The Commission drafted the following four value statements at the July 20, 2010 workshop: 1.) Recommend initiatives to the City of Eagan and its constituents to reduce waste and energy use in order to enhance Eagan's environment. 2.) Recommend initiatives to the City of Eagan and its constituents to protect the water, air, and soils in our City while enhancing the quality of life. 3.) Recommend initiatives to the City of Eagan and its constituents which support renewal of City of Eagan facilities, infrastructure, land use policies and efforts that will promote long range energy usage and resource sustainability. 4.) Recommend initiatives to the City of Eagan and its constituents on ways to partner with existing energy and environmental resources and stakeholders in order to collect and disseminate information to empower the public. Proposed Goal: 1.) To have the City of Eagan named as a GreenStep City Program participant and utilize the EEAC to review and identify how the 28 best practices identified under the program are met in Eagan within the areas of Buildings & Lighting. Land Use, Transportation, Environmental Management, and Economic /Community Development. Agenda Information Memo August 17, 2010 Eagan City Council Meeting T. DIRECT ORDINANCE AMENDMENT — CITY OF EAGAN ACTION TO BE CONSIDERED: Direct staff to prepare an Ordinance Amendment to City Code Chapter 11, Sect. 11.70, Subd. 28, relating to signage options for those properties with freeway frontage. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The Eagan Sign Ordinance permits only those commercial and industrial properties with freeway frontage the ability to have a pylon sign (via CUP) on the freeway side of the property and a ground sign on the opposite side of the property. ➢ Additionally, building signage is limited to one side or facade of an interior space of a multi- tenant building; end cap spaces are allowed signage on up to two facades. ➢ Staff has been approached by a building owner interested in maximizing building signage on a freeway fronting property in lieu of pylon signage. ➢ In reviewing the request, staff believes an ordinance amendment allowing the option of a pylon sign or additional building signage would benefit both the property owner /tenant by providing flexibility and the City by potentially limiting the number of new pylon signs. ➢ Under this scenario, in lieu of a site pylon sign for the property in question, an end - cap tenant would be allowed building signage on all three sides of the tenant space and a tenant with interior space would be allowed building signage on the front and rear of their leased space. In any case, all signage would be required to meet standard City Code requirements regarding design, size and operation. ATTACHMENTS: None 0 Agenda Information Memo August 17, 2010 Eagan City Council Meeting U. PROJECT 971, DUCKWOOD DRIVE OVERPASS BRIDGE & STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve an Easement Agreement for Project 971 (Duckwood Drive — Bridge and Street Improvements) with the owner of Parcel No. 10- 28990- 010 -01 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On March 16, 2010, the City Council amended the Part III 5 -Year Capital Improvement Program (2010 -2014) to incorporate the placement of Contract 09 -18 (Duckwood Drive /Federal Drive - Bridge /Street Improvements) in 2011. The improvement includes the construction of the Duckwood Drive Overpass and associated street improvements. • The construction of an overpass for Duckwood Drive requires the acquisition of permanent and temporary easements from a number of impacted properties. • Appraisals have been obtained for all required easements. The estimated value of the easements for the referenced property indicated a value of $18,400 (formerly ( "61 Stop" gas station). An offer was accordingly forwarded to the legal representative of the property. The representative has accepted the City's offer. • An agreement between the City of Eagan and the owner of Parcel 10- 28990 - 010 -01, Lot 1, Block 1, George W Giles Addition, has been prepared providing for the acquisition cost for the necessary easements. • Engineering staff and the City Attorney's office have reviewed the agreement and found it to be in order for favorable Council action. ISSUES: • If the City Council would desire to discuss this item, it would be appropriate to direct any discussion to a Closed Session due to the pending litigation status of this easement acquisition. �57 Agenda Memo City Council Meeting August 17, 2010 CONSENT AGENDA: V. Tobacco License for Scott Stevens, Lucky's Station LLC, 3390 Coachman Road ACTION TO BE CONSIDERED: APPROVE Tobacco License for Scott Stevens, Lucky's Station LLC, 3390 Coachman Road FACTS: • Scott Stevens recently purchased the Fast Trip Market on Coachman Road and has applied for a license to sell tobacco products. • All requirements of the application have been met and fees have been paid. • The Police Department conducted a background check and found no reason to deny the application. ATTACHMENTS: None. The application is available for review in the Administration Department. Agenda Information Memo August 17, 2010, Eagan City Council Meeting VII. NEW BUSINESS A. PRELIMINARY SUBDIVISION AND PLANNED DEVELOPMENT AMENDMENT (NICOLS RIDGE 3 ° & 4""' ADDITIONS) ACTIONS TO BE CONSIDERED: To recommend approval of a Preliminary Subdivision (Nicols Ridge 3rd Addition) to create one lot and one outlot upon approximately 5.3 acres located south of Cedar Grove Parkway and west of Cedar Grove Trail, and consisting of property legally described as Lots 2 -5, Block 9, Nicols Ridge, and Outlot B, Nicols Ridge 2" d Addition. To approve (OR direct preparation of findings of fact for denial) a Planned Development Amendment to amend the Phase 1 Nicols Ridge Final PD for a modified Site Plan consisting of 31 townhome units in place of 42 condominium units, located south of Cedar Grove Parkway and west of Cedar Grove Trail and legally described as Lots 2 -5, Block 9, Nicols Ridge; Outlot B, Nicols Ridge 2nd Addition. To approve (OR direct preparation of findings of fact for denial) a Planned Development Amendment to the Preliminary PD for Nicols Ridge for a modified Site Plan consisting of 59 townhome units upon 6.8 acres located south of Cedar Grove Parkway and west of Cedar Grove Trail, upon property legally described as Lots 2 -5, Block 9, Nicols Ridge; Outlot B, Nicols Ridge 2nd Addition, and adjacent unplatted parcels to the west with addresses of 3980 and 3986 Cedar Grove Parkway. To approve (OR direct preparation of findings of fact for denial) a Preliminary Subdivision (Nicols Ridge 4th Addition) to create 59 townhome lots and two outlots for common area upon 6.8 acres located south of Cedar Grove Parkway and west of Cedar Grove Trail, consisting of property legally described as Lots 2 -5, Block 9, Nicols Ridge; Outlot B, Nicols Ridge 2nd Addition, and adjacent unplatted parcels to the west with addresses of 3980 and 3986 Cedar Grove Parkway. REQUIRED VOTE FOR APPROVAL: Preliminary Subdivisions -- Majority of Councilmembers present Planned Development Amendments -- At least three votes -G-? FACTS: ➢ The site is located south of Cedar Grove Parkway between Nicols Road and Rahn Road. The Nicols Ridge Preliminary Planned Development was established in 2001. The Nicols Ridge l" Addition was constructed in 2005, and the 2nd Addition in 2006. ➢ The site is within the Cedar Grove Redevelopment District and the City previously entered into Development Agreements to provide Tax Increment Financing assistance to U.S. Homes. ➢ In 2009, the City amended its agreements with U.S. Homes to permit submission of a modified site plan to reduce the number of units and modify the type of units within this Planned Development. ➢ This proposal amends both the Nicols Ridge Preliminary Planned Development and the Phase 1 Final Planned Development which did not fully build out, and also incorporates additional land that was not part of the initial Preliminary Planned Development. ➢ To accomplish this redesign of the site, two subdivisions are proposed. Nicols Ridge 3rd Addition creates one lot containing the existing 14 -unit condominium building, and consolidates the rest of the Nicols Ridge property into a single parcel, eliminating the lots previously intended for additional condominium buildings, and allowing the separation of the common property from the existing condominium ownership. ➢ Nicols Ridge 4ch Addition incorporates an additional 1.5 acres into the project site, and proposes separate lots for each of the new townhome units and two outlots for the common area. ➢ The site is located within the one -mile buffer area of the 60 dB airport noise contour, placing it within Noise Policy Zone 4. The proposed use is considered Conditional within the Noise Buffer Zone and required findings related to the land use compatibility are identified in the staff report. ➢ Sidewalks are proposed along Cedar Grove Trail and along the new westerly street connection between Cedar Grove Trail and Cedar Grove Parkway. ➢ Reduced building setbacks are proposed along Cedar Grove Trail, a private street. This is consistent with the Cedar Grove Zoning District design standard which encourages placing buildings closer to sidewalks and streets. ➢ The proposed new units are back -to -back and row townhomes. Buildings are two - stories with a pitched roof. LP SmartSide siding is proposed, with manufactured stone accents on front elevations. Staff has found this to be substantially similar to and complementary of the finishes applied to Nicols Ridge homes built in the first and second phases. ➢ The APC held a public hearing on July 23, 2010 and recommended approval. ISSUES: Parkin ➢ Conflicting concerns about parking have been raised by existing residents in the area. Some want to see visitor parking maximized, and others want to see some of the existing visitor parking stalls near the existing condominium building removed. Is Lennar is proposing to widen Cedar Grove Trail for on- street parallel parking. Additional visitor parking stalls are proposed in several locations throughout the site. In all, a total of 37 new visitor parking stalls will be provided (7 stall were inadvertently omitted from the analysis in the staff report, the total count of proposed new stalls is 37), In addition there is an existing lot of 9 stalls off at the northeast corner of the site near the existing condominium building. Construction. /Excavation Hours Existing residents have requested a construction start time not earlier than 8:00 a.m. City Code permits construction between 7:00 a.m. and 10:00 p.m. all days of the week; and grading /excavation activity between 7:00 a.m. — 7:00 p.m. Monday — Saturday. If determined to be appropriate, the Council may impose different hours for construction and excavation activity. Should the Council so choose, a condition should be added to the Preliminary Subdivision and Planned Development Amendment. Construction Traffic ➢ Existing residents have also requested that construction traffic minimize use of Cedar Grove Trail, entering the site instead from Cedar Grove Parkway in the location of the new street connection. This concerns both safety issues due to the narrow width of Cedar Grove Trail, and cost considerations for wear and tear on the private street created by heavy equipment. Lennar has indicated they intend to construct the new western connection to Cedar Grove Parkway first, so that construction traffic can use that access instead of Cedar Grove Trail. However, the initial development equipment, surveyors, inspectors, etc. will need to access the site via Cedar Grove Trail until the new road is built. Once that new access is available, construction traffic can enter the site from the northwest directly off Cedar Grove Parkway. i' The Council may wish to formalize these intentions by addition a condition as follows: "A construction traffic and roadway maintenance plan shall be submitted and approved by the City prior to commencing grading or construction activity. " Similar wording was used for the recently approved Stonehaven development. 60 -DAY AGENCY ACTION DEADLINE: September 11, 2010 ATTACHMENTS (3): Location Map, pages a t#f� Draft July 23, 2010 APC X utes, pa es%J throughk7 Planning Report, pages through col Fort Snelliiiq State Park Location M Woodhaven Pa CD Subject Site � = Cedar Pond ark Project Name: Nicola Ridge 3rd 8^ 4th Additions Request: PO Amendment & Preliminary Subdivision Case Nos.: 19'PA'02'0140| 19'PS'01-01'10; and19'PS'03'U2'1O y�n fU — ~ 8 008O +^ N� "/D"��^^ i Feet o soo 1.000 2000 Legend JIMISIM c/,y Boundary p"rc"ls Parks \ Buildings N Advisory Planning Commission July 27, 2010 Page 1 of 9 MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA July 27, 2010 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, July 27, 2010, at 6:30 p.m., at the Eagan Municipal Center. Present were Chair Chavez, Members Daley, Dugan, Piper, Heaney, Filipi, Supina. Also present were, City Planner Mike Ridley, Planner Pam Dudziak, Assistant City Engineer John Gorder, City Attorney Bob Bauer, and Recording Secretary Camille Austad. AGENDA Member Heaney moved, Member Filipi seconded a motion to adopt the Agenda. A vote was taken. All voted in favor. Motion carried 7 -0. June 22, 2010, ADVISORY PLANNING COMMISSION MEETING MINUTES Member Heaney moved, Member Filipi seconded a motion to approve the June 22, 2010, Advisory Planning Commission Meeting minutes. All voted in favor. Motion carried 7 -0. III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) There were no visitors who wished to be heard. IV. PUBLIC HEARINGS A. Nicols Ridge 3rd Addition Applicant Name:Us Home Corporation Location: 2115, 2123, 2131, 3980, 3986 Cedar Grove Trail and Cedar Grove Pwky; Application: Preliminary Subdivision A Preliminary Subdivision to create one lot and one outlot. File Number: 19- PS- 03 -02 -10 B. Nicols Ridge 4th Addition Applicant Name: US Home Corporation Location: 2115, 2123, 2131, 3980, 3986 Cedar Grove Trail and Cedar Grove Pkwy; Application: Planned Development Amendment A Planned Development Amendment to allow townhomes. File Number: 19- PA- 02 -01 -10 Application: Preliminary Subdivision A Preliminary Subdivision of approximately 10 acres to create 41 townhome lots and 2 outlots. File Number: 19- PS- 01 -01 -10 2 Advisory Planning Commission July 27, 2010 Page 2 of 9 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated June 17, 2010. She noted the background and history. There was discussion on the number of visitor parking spaces. Planner Dudziak explained that there will be nine (9) stalls on north end of the development on the condominium and development sites, 15 stalls along Cedar Grove Trail, eight (8) stalls on the southwest corner of the site along the proposed street going north, four (4) stalls further up the proposed street, and three (3) visitors stalls between buildings on the shared drive. Joe Jablonski, US Home Corporation stated several neighborhood meetings were held, starting in October 2009, to develop the site plan and to resolve concerns of neighboring residents. He stated site signage has not been proposed at this point. Chair Chavez opened the public hearing Robert Zack, 2107 Cedar Grove Trail, Apt 103 requested a construction start time of 8:00 a.m. Shannon Canella, Nicols Ridge Condominiums resident stated concern for the safety of children and that signage or speed bumps should be installed to encourage drivers to reduce their speed. David Beyer, Nicols Ridge Townhomes resident stated there is already a shortage of visitor parking for the existing townhome units. He explained that the nine (9) stalls included in the proposal are currently being used by the townhome residents. He also stated concern with the parallel parking on the narrow private street. He stated the association currently bans street parking because of the concern that emergency vehicles will not be able to navigate the private road with on- street parking present. There being no further public comment, Chair Chavez closed the public hearing and turned the discussion back to the Commission. City Planner Ridley discussed the hours of construction operations are established in the City Code. He stated altering the construction hours would be a policy decision for the City Council to consider. Assistant City Engineer John Gorder stated modifying posted speed signage and altering the road by adding speed bumps is the association's prerogative because it is a private road. He also explained that driver behavior is typically not changed by adding speed bumps and /or different signage. He went on to explain that, as a private street, Eagan police would not enforce the speed limits. He suggested the neighbors also consider that speed bumps can delay emergency vehicle response times. In regard to the parallel parking stalls, Mr. Gorder explained that the street will be widened in those areas leaving the through- traffic lanes unencumbered. Planner Dudziak stated visitor parking stalls will total 39. She stated the private street should be signed "No Parking" except for the parallel parking stalls. There was discussion on adding the following condition to the Planned Development Amendment: 14. On- street parking shall be prohibited along the private streets within the development, except for the designated visitor parking stalls. (o� Advisory Planning Commission July 27, 2010 Page 3 of 9 There was discussion of outdoor storage and the concern for regulation. City Planner Ridley stated the association will likely regulate allowed outdoor storage. He explained that if storage occurs that is not consistent with the City Code (non - licensed or junk vehicles) the City would provide enforcement. Mr.Jablonski explained that the trash and recycling receptacles will be handled by each unit and stored in garages, except for collection day. Member Piper moved, Member Heaney seconded a motion to recommend approval of a Preliminary Subdivision (Nicols Ridge 3 I Addition) to create one lot and one outlot upon approximately 5.3 acres located south of Cedar Grove Parkway and west of Cedar Grove Trail, and consisting of property legally described as Lots 2 -5, Block 9, Nicols Ridge, and Outlot B, Nicols Ridge 2nd Addition, subject to the following conditions: 1. The property shall be platted. 2. Subdivision approval is contingent upon the approval of Nicols Ridge 4th Addition. 3. The developer shall record the plat of Nicols Ridge 4th Addition immediately after the filing of this plat. All voted in favor. Motion carried 7 -0. Member Filipi moved, Member Piper seconded a motion to recommend approval of a Planned Development Amendment to the Nicols Ridge PD for a modified Site Plan consists of 59 townhome units upon 6.8 acres located south of Cedar Grove Parkway and west of Cedar Grove Trail, consisting of property legally described as Lots 2 -5, Block 9, Nicols Ridge; Outlot B, Nicols Ridge 2nd Addition, and adjacent unplatted parcels to the west with addresses of 3980 and 3986 Cedar Grove Parkway, subject to the following conditions as amended: 1. The applicant and /or developer shall enter into a Planned Development Amendment Agreement with the City. The following exhibits are the Agreement: • Final Site Plan • Final Landscape Plan • Final Building Elevations 2. The developer shall comply with all conditions set forth in the Second Amended and Restated Development Agreement dated December 1, 2009. 3. The development shall receive final subdivision approval prior to building permit issuance. 4. Buildings in this development should utilize sound attenuation construction standards sufficient to achieve an interior sound level of 45 dBa. 5. The development shall utilize the street light fixtures that are the same as existing in the area. All on -site street lighting shall be hooded and directed to deflect light away from adjacent properties. 6. All site signage shall comply with applicable provisions of the City Sign Code. 7. Trash and recycling receptacles must be stored within the buildings. 8. Foundation landscaping should include screening of mechanical equipment such as air conditioner condenser units. 9. The developer shall protect the preserved tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees /woodlands to be preserved on -site. M Advisory Planning Commission July 27, 2010 Page 4 of 9 10. The developer 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. 11. In order to allow for the future connection of Cedar Grove Trail, a private street, to the future development of the property to the west, the developer should provide an easement in a form acceptable to the city attorney. The easement should be provided prior to Final Subdivision and Final Planned Development approval. 12. This development shall satisfy the parks dedication requirement with a cash dedication of $204,022, payment to coincide and be consistent with the two phases of development as agreed upon in the development agreement. 13. This development shall satisfy the trails dedication requirement with a payment of $130,800 for trail improvements as part of City Improvement Project 888. 14. On- street parking shall be prohibited along the private streets within the development, except for the designated visitor parking stalls. All voted in favor. Motion carried 7 -0. Member Piper moved, Member Heaney seconded a motion to recommend approval of a Preliminary Subdivision (Nicols Ridge 4th Addition) to create 59 townhome lots and one outlot for common area upon 6.8 acres located south of Cedar Grove Parkway and west of Cedar Grove Trail, consisting of property legally described as Lots 2 -5, Block 9, Nicols Ridge; Outlot B, Nicols Ridge 2 I Addition, and adjacent unplatted parcels to the west with addresses of 3980 and 3986 Cedar Grove Parkway, subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, B3, B4, C1, C2, and C4 2. The property shall be platted. 3. The developer shall comply with all conditions set forth in the Second Amended and Restated Development Agreement dated December 1, 2009. 4. The development shall receive final subdivision approval prior to building permit issuance. 5. Buildings in this development should utilize sound attenuation construction standards sufficient to achieve an interior sound level of 45 dBa. 6. Trash and recycling receptacles must be stored within the buildings. 7. Foundation landscaping should include screening of mechanical equipment such as air conditioner condenser units. 8. In order to allow for the future connection of Cedar Grove Trail, a private street, to the future development of the property to the west, the developer should provide an easement in a form acceptable to the city attorney. The easement should be provided prior to Final Subdivision and Final Planned Development approval. 9. The developer shall protect the preserved tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees /woodlands to be preserved on -site. 10. The developer 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. 11. This development shall satisfy the parks dedication requirement with a cash dedication of $204,022, payment to coincide and be consistent with the two phases of development as agreed upon in the development agreement. Advisory Planning Commission July 27, 2010 Page 5 of 9 12. This development shall satisfy the trails dedication requirement with a payment of $130,800 for trail improvements as part of City Improvement Project 888. All voted in favor. Motion carried 7 -0. The Advisory Planning Commission stated its reasons for approving the setback deviation are that the buildings do not have garages fronting the street and the Cedar Grove District design philosophy. (�0[ PLANNING REPORT CITY OF EAGAN REPORT DATE: July 22, 2010 APPLICANT: U.S. Home Corp. d/b /a Lennar PROPERTY OWNER: U.S. Home Corp. d/b /a Lennar & Nicols Ridge Condominium Association CASE: 19- PS- 03 -02 -10 19- PS- 01 -01 -10 19- PA- 02 -01 -10 HEARING DATE: July 27, 2010 APPLICATION DATE: July 13, 2010 REQUEST: Preliminary Subdivision PREPARED BY: Pamela Dudziak Planned Development Amendment LOCATION: South of Cedar Grove Pkwy. and west of Cedar Grove Trail COMPREHENSIVE PLAN: SA, Special Area ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant proposes a Planned Development Amendment to the Nicols Ridge PD for a modified Site Plan consists of 59 townhome units upon 6.8 acres. This proposed amendment changes the type and reduces the number of dwelling units on the subject site. In order to accomplish this redesign, the applicant proposes two subdivisions. Nicols Ridge 3r`' Addition creates one lot containing the existing 14 -unit condominium building, and consolidates the rest of the Nicols Ridge property into a single parcel, eliminating the lots previously intended for additional condominium buildings, and allowing the separation of the common property from the existing condominium ownership. Nicols Ridge 4"' Addition incorporates the adjacent 1.5 acres into the project site, and proposes separate lots for each of the new townhome units and an outlot for the common area. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: Planning Report — Nicols Ridge 3"' R 4"' Additions July 27, 2010 A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvements are not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements are not likely to cause health problerns. G. That the design of the subdivision or the type of improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. 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). That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Mana-ement Plan ". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." Planned Development: City Code Chapter 11.60, Subd. 18, A., states the intent of the Planned Development zoning district as follows: 9i Planning Report— Nicols Ridge 3`l & 4 "' Additions July 27, 2010 Providing greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. 2. Recognizing the economic and cultural advantages that will accrue to the residents of a planned community. Encouraging a more creative and efficient approach to the use of the land. 4. Encouraging the preservation and enhancement of desirable site characteristics, natural features, and open space. Encouraging a development pattern that is consistent with land use density, transportation facilities and community facilities objectives of the Comprehensive Plan. BACKGROUND /HISTORY Nicols Ridge Planned Development was established in 2001. The site is located within the Cedar Grove Redevelopment District and the City has previously entered into Development Agreements to provide Tax Increment Financing assistance to U.S. Homes. The Nicols Ridge I" Addition was constructed in 2005, and the 2nd Addition in 2006. The applicant's narrative indicates "the site has remained idle since the last new home closing in 2007." In 2009, the City amended its agreements with U.S. Homes to permit submission of a modified site plan to reduce the number of units and modify the type of units within this Planned Development. According to the applicant's narrative, the proposed amendment will result in a development that is "better suited to meet the demands of the current housing market." EXISTING CONDITIONS The site is located south of Cedar Grove Parkway between Nicols Road and Rahn Road. The land was graded with previous development. A wooded hill extends over the southwest corner of the site and west onto adjacent property. An existing stone pond which will also serve this site was constructed adjacent to Cedar Grove Parkway with previous development. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: I(-) Planning Report — Nicols Ridge 3" & 4`1 Additions Julv 27, 2010 Page 4 EVALUATION OF REQUEST Compatibility with Surroundin Area — The surrounding area south of Cedar Grove Parkway is residential, and Cedar Grove Trail is developed with townhomes on one side. Property to the west is zoned PD and is designated for medium density residential use. The area north of Cedar Grove Parkway is zoned CGD, and is anticipated to be mixed residential and commercial uses. Airport Noise Considerations — The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. Historically, the City has attempted, where possible, to minimize land uses that would be in conflict with operations at MSP. The City's adopted Comprehensive Guide Plan currently designates the subject site as MD, Medium Density residential, within this Special Area. The City has recently adopted an Aircraft Noise Zone Overlay District in the land use regulations of the City Code in accordance with the Metropolitan Council's 2030 Transportation Policy Plan, Appendix L (Land Use Compatibility Guidelines for Aircraft Noise). New construction as defined within these regulations is subject to noise attenuation requirements to limit negative impacts of aircraft noise on residents and inhabitants of structures located within established noise zones. In addition, the City of Eagan has elected to establish a one -mile noise buffer zone as an extension to Zone 4 to provide additional noise protection for sensitive uses. Based on the Metropolitan Council Policy Contours adopted in 2007, the site is located within the one -mile buffer area of the 60 dB contour, placing it within Noise Policy Zone 4. Single and multiplex residential uses with individual entrances are considered Conditional Uses within the Noise Buffer Zone and must meet the following land use review factors identified in the Metropolitan Council 2030 Transportation Plan- Appendix L: 1. Proposed construction design mill provide outdoor to indoor attemtation required by structure performance standards in Table L -4. The table indicates the interior sound level standard for residential uses is 45 dBa. New residential construction as proposed will require a minimum 19 dBa noise reduction within the Buffer Zone. 2. Is the site located under a major departure flight track used by jets? The site lies 4 miles south of the north - south runway at MSP. Significant fanning of takeoff flights over Eagan reduces direct noise impact under or adjacent to any major departure flight tracks. Therefore the proposed use should be considered compatible with this factor. Existing Use Zoning Land Use Designation North Vacant (formerly Cedarvale Mall) CGD, Cedar Grove District SA, Special Area South Residential Townhomes PD, Planned Development SA, Special Area East Residential Townhomes PD, Planned Development SA, Special Area West Vacant PD, Planned Development SA, Special Area EVALUATION OF REQUEST Compatibility with Surroundin Area — The surrounding area south of Cedar Grove Parkway is residential, and Cedar Grove Trail is developed with townhomes on one side. Property to the west is zoned PD and is designated for medium density residential use. The area north of Cedar Grove Parkway is zoned CGD, and is anticipated to be mixed residential and commercial uses. Airport Noise Considerations — The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. Historically, the City has attempted, where possible, to minimize land uses that would be in conflict with operations at MSP. The City's adopted Comprehensive Guide Plan currently designates the subject site as MD, Medium Density residential, within this Special Area. The City has recently adopted an Aircraft Noise Zone Overlay District in the land use regulations of the City Code in accordance with the Metropolitan Council's 2030 Transportation Policy Plan, Appendix L (Land Use Compatibility Guidelines for Aircraft Noise). New construction as defined within these regulations is subject to noise attenuation requirements to limit negative impacts of aircraft noise on residents and inhabitants of structures located within established noise zones. In addition, the City of Eagan has elected to establish a one -mile noise buffer zone as an extension to Zone 4 to provide additional noise protection for sensitive uses. Based on the Metropolitan Council Policy Contours adopted in 2007, the site is located within the one -mile buffer area of the 60 dB contour, placing it within Noise Policy Zone 4. Single and multiplex residential uses with individual entrances are considered Conditional Uses within the Noise Buffer Zone and must meet the following land use review factors identified in the Metropolitan Council 2030 Transportation Plan- Appendix L: 1. Proposed construction design mill provide outdoor to indoor attemtation required by structure performance standards in Table L -4. The table indicates the interior sound level standard for residential uses is 45 dBa. New residential construction as proposed will require a minimum 19 dBa noise reduction within the Buffer Zone. 2. Is the site located under a major departure flight track used by jets? The site lies 4 miles south of the north - south runway at MSP. Significant fanning of takeoff flights over Eagan reduces direct noise impact under or adjacent to any major departure flight tracks. Therefore the proposed use should be considered compatible with this factor. Planning Report — Nicols Ridge 3`d & 4"' Additions July 27, 2010 Page 5 3. Is the site located parallel to a prinun -v runwo-v used by jets? The subject site is not located parallel to a primary runway. 4. Is the site located parallel to a rung av to be used for unshielded engine run -ups? The subject site is not located parallel to a runway used for unshielded engine run -ups. 5. Is the proposal consistent with adjacent land use ambient noise; and is it consistent with the overall comprehensive plan? The Metropolitan Council approved the City's Land Use Plan in April 2010, which included a MD, Medium Density residential designation for this property. 6. Has the local government adopted an effective method to inform future occupants of aircraft noise exposure? The noise contours are shown on the City's Zoning Map and on the Land Use Map within the City's Comprehensive Guide Plan. Planned Development Zoning - The Planned Development zoning district allows the developer to have greater flexibility in the design of the development and the City to require higher standards in exchange for that flexibility. The site was previously zoned as a residential Planned Development. The current request is for changes to the Site Plan and the number and type of housing units. Term — Staff suggests a three -year tern for this Planned Development Amendment, which is consistent with the stipulations in the settlement agreement. Public Benefit - The new development is designed to address the decline in the condominium market. This proposal resolves to implement the settlement agreement, providing a plan and product "that is better suited to meet the demands of the current housing market." This will allow the long stagnant portion of the site to be built out resulting in a more complete and cohesive neighborhood south of Cedar Grove Parkway. Density — The proposal is for 59 units upon 6.8 acres, a density of 8.68 units per acres. This is consistent with a Medium Density designation which permits densities of 4 -12 units per acre. Lots — The proposal shows individual lots for each town home unit, and outlots for the common property. The common property consists of driveways, yard area, private streets and ponding. 59 units on 6.8 acres provides approximately 5,020 sq. ft. of lot area per unit. Setbacks — A minimum 20' setback distance is maintained between buildings. The streets within this development are private. City Code typically requires a minimum structure setback of 25' from the curb of private through streets. The proposal shows 25' setbacks from the westerly street that connects to Cedar Grove Parkway. Along Cedar Grove Trail, the buildings setbacks range between 17' and 29.2'. These buildings do not have garages fronting on the street, so the additional depth is not necessary to provide for driveway parking. Also, widening of the street to provide parallel on- street parking brings the curb closer to those buildings. Placement closer to the street also minimizes the length of the 7a Planning Report — Nicols Ridge 3`d & 4 °i Additions July 27, 2010 Pave 6 of the shared driveways, avoiding the need for constructed turnarounds. While this is a deviation from typical City Code standards, the PD zoning permits such flexibility and the reduced setbacks are in keeping with the intent of Cedar Grove District which encourages placement of buildings closer to the street. Lot Coverage — Building coverage is proposed to be approximately 39% of the site area. hnpervious coverage is 50% of the site area. Parking — City Code requires a minimum of two enclosed off - street parking stalls per unit. The applicant proposes two -stall garages for each unit, satisfying the minimum requirement. In addition, two parking spaces are provided in front of the garage for each unit. Visitor parking is currently provided in a bank of 9 stalls at the north end of the development, some of which are located on the adjacent condominium parcel. This development proposes to add 15 parallel parking stalls along Cedar Grove Trail, 8 stalls in the southwest corner of the site and 4 parallel stalls along the new street connecting to Cedar Grove Parkway. Three visitor stalls are shown at the end of the shared drive between the two 4 -unit buildings in the northwest corner of the site (Lots 1 -4, Blocks 9 and 10). Altogether, this development proposes to add 30 visitor parking stalls. Existing condo owners have asked to reduce the number of stalls in the 9 -stall parking area at the northeast corner of the development. Existing townhome residents have expressed a desire that more visitor parking be provided. As proposed, the numbers satisfy minimum City Code requirements. Because the streets within this development are private, this may be more appropriately an internal operational concern for the townhome association. However, the three stalls at the end of the shared drive in the NW conger of the site may present some conflicts for turnaround movements, and staff has some concern that residents may utilize that area for other items such as boats, trailers, etc., making it unavailable for visitors. The acceptability of the visitor parking availability and locations is a policy matter to be determined by City officials. Emergency Access — To provide for emergency vehicle access, on- street parking should be prohibited along the private streets within the development, except for the designated visitor parking stalls. Building, Architecture— This development is a continuation of the Nicols Ridge residential development begun in 2004. Earlier phases consisting of one 14 -unit condominium building and several row townhome buildings have already been completed. As such, the building architecture and materials in this amendment should be consistent and compatible those already constructed. The proposed development consists of three back -to -back townhomes each containing 8 or 10 units, and row townhomes consisting of 2 -4 units each. All buildings are two - stories with a pitched roof. Each building utilizes two different types and colors of siding with stone accents on the front. Stone appears only on the front elevation, but the other materials are utilized on the side and rear elevations also. The rear elevations of the row-townhomes have fewer variations in the roof line than the front elevations. 73 Planning Report — Nicols Ridge 3 "1 & 4`f' Additions July 27, 2010 Page 7 The proposed buildings provide visual interest and breaks by utilizing a narrow roof extending along the first level above the doors, incorporating different siding textures (vertical, horizontal, traditional and scalloped shakes, and stone work). Roof lines vary with peaks of different sizes and heights on the pitched roof. While utilizing the same basic architectural plan, the 2, 3 and 4- unit buildings provide some detail variations so each building looks a little different. LP SmartSide siding is proposed, with manufactured stone accents on front elevations. The narrative states "different sized buildings will break up the streetscape by diversifying rooflines and accents. We are committed to the use of upgraded materials and will incorporate LP SmartSide siding on all four sides." According to the literature provided, this is a paintable product, resistant to rot and decay. Manufactured stone is utilized on front elevations of the row townhomes, and on all sides of the back -to -back townhomes. Lennar has stated that the paintable siding allows for greater variety in colors and they propose a variety of complementary colors. The colored renderings submitted show a representative color palette of light and dark tans, brick red, blue and white trim, doors and garage doors. Other Standards — The townhome and multiple family buildings should be designed consistent with the provisions outlined in Section 11.70, Subdivision 21 of the City Code. Site Lighting — A site lighting plan was not included with this application. The narrative indicates t that "typical street lighting patterns and spacing for residential development" will be utilized. The Site Plan indicates street lights will be the "same as Phase 1," the existing Nicols Ridge development. Site Signage /Boundary Fence — No monument identification signs are proposed for this development; therefore a sign plan was not provided. The 2004 Final PD for the Phase 1 portion of the Nicols Ridge development shows a decorative fence and adjacent to the future trail along Cedar Grove Parkway. This was in keeping with the 2004 Preliminary PD Agreement which proposed a decorative boundary fence along the entire length of the Nicols Ridge development adjacent to Cedar Grove Parkway. The fence was not installed with the first phase of development. The developer has now eliminated this feature and the current plans show no boundary fence along Cedar Grove Parkway. Trash Storage It is likely that each townhome unit in this development will have an individual trash receptacle. The CGD zoning district requires that trash receptacles be completely screened from eye level view from public streets and adjacent properties. Outdoor storage of trash receptacles is not an option except where the principal structure screens the views, which is not the case in this proposal. Thus, trash receptacles must be stored within the buildings. Interior Storage Space — City Code requires that each townhome unit provide a n- iinimum of 150 cubic feet of additional interior storage space; a storage room within the unit or garage may fulfill this standard. In addition to interior closet space, the townhome units proposed in this development each have an attached 2 -stall garage which would fulfill this requirement. 7�- Planning Report — Nicols Ridge 3 "' & 4"' Additions July 27, 2010 Pale 8 Recreation area —The Cedar Grove redevelopment area is intended to provide higher densities in a more urban setting. As such, the core redevelopment area will provide public park/activity space that will be in proximity and available to residents of the subject site. Such public spaces reduce the need for on -site recreational amenities within each development. Landscaping — The landscape plan makes use of variety of shade and evergreen trees and shrubs, and perennial plantings. Ornamental trees are proposed at the front or rear of each unit. Shade trees along the new street on the west side of the development. The use of evergreen trees is sparse, but two groupings provide a buffer to streets where space allows. Similar species are utilized as are present in the existing Nicols Ridge development. The space between the buildings and Cedar Grove parkway is confined with the expanded curb to provide on- street parking, a sidewalk behind that, and buried utility lines along the west side of the street. Perennial plantings are proposed in the curb islands on the street side of the sidewalk, and shade trees used where space allows. The three back -to -back townhome buildings (Blocks 1, 2, and 3) provide patios on the end units, and shrubs are utilized for privacy and buffering between the patios and the street /sidewalk. Foundation plantings include more than a dozen varieties of small and large deciduous and evergreen shrubs. Typical planting arrangements are shown, but specific species selection will be made based on the orientation of the building, sun exposure, etc. Foundation landscaping should include screening of mechanical equipment such as air conditioner condenser units such that the equipment is completely screened from the ground -level view of adjacent properties and public streets. Gradin. — The preliminary grading plan is acceptable. Most of the site has been graded with previous development. Storm Drainage — The preliminary storm drainage plan is acceptable. Storm water runoff from the development will drain via storm sewer to a pond previously constructed near Cedar Grove Parkway. The pond flows north to existing stone sewer in Cedar Grove Parkway and is designed to control rates of stone water runoff to pre - development rates. Utilities — The preliminary utility plan is acceptable. Existing sanitary sewer within Cedar Grove Parkway of sufficient size, depth and capacity is available for connection by the development. Existing water main within Cedar Grove Parkway is also available for connection by this development. Streets /Access /Circulation — The development is proposed to be served internally with private streets with public street access to Cedar Grove Parkway at two locations. In order to allow for the future connection of Cedar Grove Trail, a private sheet, to the future development of the property to the west, the developer should provide an easement in a form acceptable to the city attorney. The easement should be provided prior to Final Subdivision and Final Planned Development approval. 75- Planning Report — Nicols Ridge 3`1 & 4 °i Additions July 27, 2010 Page 9 Easements /Permits /Right -of -Way A 100 -foot wide Excel Energy gas pipeline easement runs east to west through the south portion of the site. The developer will have to comply with any regulations Excel Energy requires for construction and grading within their easement. Water Quality /Wetlands — City water quality requirements were met previously with the original development of this site. There are no wetlands associated with this parcel. Tree Preservation — A tree inventory submitted with this application indicates that there are thirty -nine (39) significant trees existing at this site. This individual tree resource is comprised of a large variety of hardwood and softwood deciduous trees (the majority being oak and hackberry trees. Tree diameters range from 7 inches to 20 inches, averaging about 12 inches diameter. According to the Tree Preservation Plan submitted, significant tree impacts will result in the removal of five (5) significant trees (12.8% of the total). Per the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal is set at 30% of the total significant trees. Because the proposed significant tree removal is less than allowable significant tree removal, there is no required tree mitigation. Parks and Recreation — Through a development agreement with the City, the Developer shall satisfy the park dedication requirements with a cash park dedication of $204,022, or the equivalent of $3,458 per unit. Payment of the dedication shall coincide with the two phases of the development: Phase 1 at $141,778 and Phase 2 at $62,244. Through a development agreement with the City, the Developer shall satisfy the trail dedication requirement through the payment of $130,800 for trail improvements in City Project 888. This amount is in excess of the standard trail dedication. Einancial Obligation — The property owner has signed a waiver of objection to special assessments for the costs of construction of trail improvements on Cedar Grove Parkway. The property owner has also entered into an agreement with the City providing for payment of trunk area charges associated with previous public improvement projects. SUMMARY /CONCLUSION Lennar is proposing a Planned Development Amendment to the Nicols Ridge PD, pursuant to a development agreement with the City which allows consideration of a revised site plan. The proposed amendment consists of 59 townhome units on 6.8 acres. This PD Amendment changes the type and reduces the number of dwelling units from that originally contemplated for the site. Two subdivisions, Nicols Ridge 3r" and 4 "' Additions, separate the existing condominium building from the rest of the site and define the new lot layout for the proposed townhomes. 7�a Planning Report — Nicols Ridge 3"& 4 °i Additions July 27, 2010 Pave 10 The proposed development utilizes public streets, adds sidewalks and on- street visitor parking. The Landscape Plan, Grading Plan and Utility Plans appear to be acceptable, and tree removal is within allowable limits. The development proposes setback deviations from the private streets, and there are competing objectives regarding the visitor parking. Both are policy matters to be determined by City officials. ACTIONS TO BE CONSIDERED To recommend approval of a Preliminary Subdivision (Nicols Ridge 3 "1 Addition) to create one lot and one Outlot upon approximately 5.3 acres located south of Cedar Grove Parkway and west of Cedar Grove Trail, and consisting of property legally described as Lots 2 -5, Block 9, Nicols Ridge, and Outlot B, Nicols Ridge 2nd Addition. 1. The property shall be platted. Subdivision approval is contingent upon the approval of Nicols Ridge 4"' Addition. The developer shall record the plat of Nicols Ridge 4"' Addition immediately after the filing of this plat. To recommend approval of a Planned Development Amendment to the Nicols Ridge PD for a modified Site Plan consists of 59 townhome units upon 6.8 acres located south of Cedar Grove Parkway and west of Cedar Grove Trail, consisting of property legally described as Lots 1 -5, Block 9, Nicols Ridge; Outlot B, Nicols Ridge 2nd Addition, and adjacent unplatted parcels to the west with addresses of 3980 and 3986 Cedar Grove Parkway. The applicant and /or developer shall enter into a Planned Development Amendment Agreement with the City. The following exhibits are the Agreement: • Final Site Plan • Final Landscape Plan • Final Building Elevations 2. The developer shall comply with all conditions set forth in the Second Amended and Restated Development Agreement dated December 1, 2009. 3. The development shall receive final subdivision approval prior to building permit issuance. 4. Buildings in this development should utilize sound attenuation construction standards sufficient to achieve an interior sound level of 45 dBa. The development shall utilize the street light fixtures that are the same as existing in the area. All on -site street lighting shall be hooded and directed to deflect light away from adjacent properties. 77 Planning Report — Nicols Ride 3 "i & 4"' Additions July 27, 2010 Pa ,-,e l l 6. All site signage shall comply with applicable provisions of the City Sign Code. 7. Trash and recycling receptacles must be stored within the buildings. Foundation landscaping should include screening of mechanical equiptnent such as air conditioner condenser units. 9. The developer sliall protect the preserved tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees /woodlands to be preserved on -site. 10. The developer 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. 11. h1 order to allow for the future connection of Cedar Grove Trail, a private street, to the future development of the property to the west, the developer should provide an easement in a forin acceptable to the city attorney. The easement should be provided prior to Final Subdivision and Final Planned Development approval. 12. This development shall satisfy the parks dedication requirement with a cash dedication of 5204,022, payment to coincide and be consistent with the two phases of development as agreed upon in the development agreement. 13. This development shall satisfy the trails dedication requirement with a payment of S 130,800 for hail improvements as part of City Improvement Project 888. To recommend approval of a Preliminary Subdivision (Nicols Ridge 4t" Addition) to create 59 townhome lots and one outlot for common area upon 6.8 acres located south of Cedar Grove Parkway and west of Cedar Grove Trail, consisting of property legally described as Lots 1 -5, Block 9, Nicols Ridge; Outlot B, Nicols Ridge 2'd Addition, and adjacent unplatted parcels to the west with addresses of 3980 and 3986 Cedar Grove Parkway. 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B3, B4, Cl, C2, and C4 I The property shall be platted. The developer shall comply with all conditions set forth in the Second Amended and Restated Development Agreement dated December 1, 2009. 4. The development shall receive final subdivision approval prior to building permit issuance. 7S' Planning Report — Nicols Ridge 3"1 & 01 Additions July 27, 2010 Page 12 5. Buildings in this development should utilize sound attenuation construction standards sufficient to achieve an interior sound level of 45 dBa. 6. Trash and recycling receptacles must be stored within the buildings. 7. Foundation landscaping should include screening of mechanical equipment such as air conditioner condenser units. In order to allow for the future connection of Cedar Grove Trail, a private street, to the fixture development of the property to the west, the developer should provide an easement in a form acceptable to the city attorney. The easement should be provided prior to Final Subdivision and Final Planned Development approval. 9. The developer shall protect the preserved tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees /woodlands to be preserved on -site. 10. The developer 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. 11. This development shall satisfy the parks dedication requirement with a cash dedication of 5204,022, payment to coincide and be consistent with the two phases of development as agreed upon in the development agreement. 12. This development shall satisfy the trails dedication requirement with a payment of S 130,800 for trail improvements as part of City Improvement Project 888. 79 STANDARD CONDITIONS OF PLAT APPROVAL A. Financial OblilZations 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 Rij4hts -of -Way This development shall dedicate 10 -foot drainage and utility easements centered overall lot lines and, 10 -foot drainage and utility easements adjacent to all public rights -of -way where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights -of -way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right -of -way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements, in accordance with requirements set forth in the latest version of the City's Stormwater Management Plan. C. Plans and Specifications All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead -end public streets shall have a permanent cul -de -sac, or temporary cul -de -sac to be removed upon further extension (on stub streets), constructed in accordance with City i 1.• engineering standards. This development shall dedicate, provide, or financially guarantee the acquisition costs of street easements or public street rights -of -way as required by the alignment of the cul -de -sacs located within or beyond the boundaries of this plat as necessary to service or accommodate this development. 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 If any improvements are to be installed under a City contract, the appropriate public improvement project and associated contract must be awarded by Council action prior to final plat approval. E. Permits This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedications 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks Commission and as awarded by the action of the City Council. G. Tree Preservation and Mitigation This development shall be responsible for preparing a tree preservation plan and mitigating for any removal in excess of the allowable limits. Mitigation shall be in the form of replacement trees, cash equivalent, or a combination thereof in accordance with the recommendation of the Advisory Parks Commission and as awarded by the action of the City Council. H. Stormwater Manal4ement and Water Quality Protection This development shall manage stormwater and protect water quality by meeting requirements for design standards, minimizing impervious surface area and maximizing infiltration and retention, and providing acceptable complementary stormwater treatments, stormwater treatment ponds, regional ponds, and maintenance of private stormwater facilities in accordance with the current City post construction regulations and as recommended by the Advisory Parks Commission and awarded by Council action. alb I. J. K. Wetlands Protection and Manal4ement 1. This development shall protect and manage wetlands by meeting requirements for wetland delineations and assessments, sequencing and replacement, and wetland buffers and setbacks in accordance with the current wetland protection and management regulations and as recommended by the Advisory Parks Commission and awarded by Council action. Airport Noise Attenuation 1. This development shall be responsible for meeting all appropriate noise attenuation conditions if the property is located within the Metropolitan Council Noise Exposure and /or Buffer Zone. Other 1. All subdivision, zoning, and other ordinances affecting this development shall be adhered to, unless specifically granted a Variance by Council action. Advisory Planning Commission Approved: August 25, 1987 IS City Council September 15, 1987 Revised: July 10, 1990 Revised: February 2, 1993 Revised: Julv 7, 2009 Location Map Project Name: Nicols Ridge 3rd & 4th Additions Request: PD Amendment & Preliminary Subdivision Case Nos.: 19- PA- 02- 01 -10; 19- PS- 01- 01 -10; and 19- PS- 03 -02 -10 City of Eap 0 Feet 0 500 1,000 2,000 Legend 16111C City Boundary Parcels \ Parks Buildings N Current Zoning and Comprehensive Guide Plan Land Use Map Nicols Ridge 3rd & 4th Additions Preliminary Subdivision and PD Amendment 19- PS- 01- 01 -10; 19- PA- 02- 01 -10; 19- PS- 03 -02 -10 Comprehensive Land _ .. 11■ - HE }- SA L cation r► �� j ►� 1 .. MD Medium Density L SA � w r.. ., .:,- W..... ,�,.�.. •• "T •..,. 1 .. ■■ •:, ...... 11 • .. •., . ,•. •.. ME ME ■��, ,,,,i ••,••••,• ,,,,,,,11' ■ ■ ■ ■ ■ ■ ■ ■ ■■ 600 0 600 1200 F-t Comprehensive Land _ .. 11■ - Current Land Use Designation: }- SA L cation r► �� j ►� 1 .. 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O ona�� uu 9'a12 22 05]oi r AV, fo ez.6; / t 4- • \ poi \� \' - \� ' � ,� ` 0. •\ 'gip \�T F \... jV I o %F° \ ✓fry � � \� \. 1 ss �9 8 I A', \ ': 11 = \1-f � ° eze� a °" 3e.9s°"(..✓ � '�99'�si \\ \ \ \ \� \ ,4� \ \ Ir O3' 41 Cl- 1,., °� /_< T �/ �,h,"^' �. Asa'` I \— I �Ik \',�• sr s r ^, ,� )\ I b� dam} 1.50°.°5 —•-�5 c 1- -5 6 e n {{ \C \ i \ / `c r Li z __ k EXISTING CONDITIONS I'' •` PROJECT NAME I I� EXISTlNC CONDITIONS n • - , 11 LENNAR C }c cf cn + +e ] HEDLl1ND �o y� °c� P tO 33 yo O Y � a CH 1- C� � m _ z c 1 �® (Q c� C _ Iro / a h- /'"' ° i�^I \\ \� II rut WI � I I �, � � 3 / / �:•e. pp \Op \\ \ 7� OUTLOT A so]•.sv! / \ \ \ _6 \\\ p 0'\ 1 � \� \� ✓, `t � \\ \ .oy -A - m o _ C` j \/ `yam : \S\ ap pA \p p�\ 1sP X� ^ ✓< �Y> \ \y/ (1/ \ d / 11 L � 1 �J�'�I \ �, J_ ` I�❑ �VL T __— - - - `. z p c� rri \ 0 / CD � C ui c _ i> ' y Y � a CH 1- C� � m _ z c 1 �® (Q c� C _ Y � a SITE PLAN CH � D _ �® (Q ° C _ SITE PLAN NICOLS RIDGE 4TH ADDITION SITE PLAN - HEDL[1ND n LEVVAn CH (Q ° C _ Iro NICOLS RIDGE 4TH ADDITION SITE PLAN - HEDL[1ND n LEVVAn 41 L zz ws IN ra PRELIMINARY 9A NOT FOR CONSTRUCTION LANDSCAPE PLAN PROJECT NAME LANDSCAPE PLIN ol ' � ` ` ` 41 L zz ws IN ra PRELIMINARY 9A NOT FOR CONSTRUCTION LANDSCAPE PLAN PROJECT NAME LANDSCAPE PLIN ol 1,1q / 1., �, E. � _I 1 - m eaoo \ _ ,: \.a a \a a , 4 \0 'x -z- -1 L m— -------- Lry o c:? z z c- - - - - - - - r-'QAnIKIrl- PLAN 1�1 NICOLS RIDGE 4TH GRADING PLAN HIM ZIN SO L EVArA R �� ao 4 1�1 NICOLS RIDGE 4TH GRADING PLAN HIM ZIN L EVArA R .TJ M m m 0 c 0 _ o�'o,a °„ ° cx .�a� t °•. >r \„ J °\ C\ _.ice �� 11a os H s 832, IL L �. EJ \ Y L�� F H Auw uwr :I SWPPP LENNAI2 HEDI UND �^5 f_, 1 - O y b��O4 h 3 \ o �R NICOLE RIDGE 47 as — ' SWPPP(EROSION CONTROL) PLAN H Auw uwr :I SWPPP LENNAI2 HEDI UND �^5 f_, 1 - O y b��O4 h 3 \ o �R NICOLE RIDGE 47 as — ,.,. . tee..\ t� \ �+a J� p `\ r Q� ^� I `0o�a4\ I �� f y / 2yQq Li > 3e - - - - OUTLOT A 1 < <� ,l o w Ex _ _(n M L.( T � ; M r f-+ _N O o� UTILITY PLAN Y3 `o e n tz - - y / I�I a PROJECT NAME j' ', UTILITY PLAN HEDL UND a j �a] LENNAR 935 Ecz ouN�%�c rr�cv:. e,..c sce. r.+ "• - - o�i >. / I�I -1 I µ n ^1 p,F v ourGOr _ _ _ _ _ - �' - - --- it ter✓ � ���� � ,_- ..�r� � r -`!�`'� -'v��, � <j�� �° , rm ti. _ - - -_ �,,J��� it �- _- ��•-- .Jr -'.�i I;I J�� i s0 tz tu I, O OVERALL SITE PLAN HEDLUND NICOLS RIDCE 4TH ADDITION j - . c. //`/ _— OVERALL SITE PLAN CI r zi — � J LENNAR cJ5 cc55]5 HEDLUND G 5 J 55 22 (o q ws sect j - . c. //`/ _— Franklin L i I i PPIPP 77 I 545 Indian Mound East, Wayzata, MN 55391 • 952-473-0993 Franklin 0 a 545 Indian Mound East, Wayzata, MN 55391 952- 473 -0993 Plans and elevations are artist's renderings and may contain options, which are not standard on all models. Lennar reserves the right to make changes to these floor plans, specifications, dimensions and elevations vnthout prior notice. Stated dimensions and square footage are approximate and should not be used as representation of the home's precise or actual size. Mfr statemem, verbal or written, regarding "under air' or "finished area' or any other description or modifier of the square footage size of my home is a shorthand description of the manner in which the square footage was estimated and should not be construed to indicate certainty. Copyright 0 2008 Lennar Corporation. tenor and the lennar logo are registered service marks of Lennar Corporation and /or its subsidiaries. 6/08 Revere Lai LLLA Z ._ won r C A ■■ 11� NMI �'' _ ®� ®� �j ■! �■� - - _� - tom. ONikId � ; ■ . rte■ — .hill 545 Indian Mound East, Wayzata, MN 55391 • 952- 473 -0993 Revere 545 Indian Mound East, Wayzata, MN 55391 • 952- 473 -0993 Plans and elevations are artist's renderings and may contain options, which are not standard on all models. Lennar reserves the right to make changes to these floor plans, specifications, dimensions and elevations without prior notice. Stated dimensions and square footage are approximate and should not be used as representation of the home's precise or actual size. Mir statement, verfwl or written, regarding "under air' or "finished area" or any other description or modifier of the square footage size of anytime is a shorthand description of the manner in which the square footage was estimated and should not be construed to indicate certainty. Copyright © 2008 Lennar Corporation. lennar and the lennar logo are registered service marks of lennor Corporation and /or its subsidiaries. 6/08 w ©I,L_ 31 ?i= - - - -- ----- -- -- - T of III - _mc: W 12 (- I�� -J �1 E I. I o ®I iJ � II II SJ !oil i �- C,L A - I � 'C7 - =JL f� jmm rf1 fj Iz � r O � j � e 9p MINI N ITO p, l Ia,zl .I-a x ml n ICI: FRANKLIN /REVERE L j � ARCHITECTS INC. o�7 m S E ti g I I 91 E ITO LLJ I i,JJ ❑FIJI I _ L � l" I��_ � �.� �✓ a 1- — _ I - I �IZ31 � FRANKLIN /REVERE L j � ARCHITECTS INC. o�7 m S E ti g I I 91 I u, i iE) � / I - -- - - -- - -- - %� no L o n Z `J _Z D jl \ \�e o rrn z > a, J 9 ;l a <� z 'l m N !\ _ Z I� - r m - ARCHITECTS INC. as �Z� n LAS N of I _gym r - = m C) s zlm� - , � n I x` ■ - , j �Ij !al ,rJ h I FRANKLIN/REVERE � n I x` ■ ROW TOWNHOME (END UNIT) /4)1 efferson a :r 935 East Wayzata Blvd., Wayzata, MN 55391 • 954- 249 -3000 Plans and elevations are artist's renderings and may contain options, which are not standard on all models. Lennar reserves the right to make changes to these floor plans, specifications, dimensions and elevations without prior notice. Stated dimensions and square footage are approximate and should not be used as representation of the home's precise or actual size. Any statement, verbal or written, regardin "under air' or "finished area" or an yy other description or modifier of the square footage size of any home is a shorthand description of the manner in which the square footage was estimated and should not be construed to indicate certainty. Copyright 0 2069 Lennar Corporation. Lennar and the Lennar logo are registered service marks of Lennar Corporation and /or its subsidiaries. 2/09 Madison A A 935 East Wayzata Blvd., Wayzata, MN 55391 • 954-249-3000 Madison 1 i 935 East Wayzata Blvd., Wayzata, MN 55391 • 954- 249 -3000 Plans and elevations are artist's renderings and may contain options, which are not standard on all models. lennar reserves the right to make changes to these floor plans, specifications, dimensions and elevations without prior notice. Stated dimensions and square footage are approximate and should not be used as representation of the home's precise or actual size. MY statement, verbal or written, regardin under air' or °finished area' or any other description or modifier of the square footage size of any home is a shorthand descriphon of the manner in which the square footage was estimated and should not be consfived to indicate certainty. fopyright ©2009 lennar Corporation. Lennar and the Lennar logo ore registered service marks of lennor Corporation and /or ih subsidiaries. 2/09 °- �6��;6�boob��6�a��m������ I, Tri m��6� t Oii O P 0'`OT A G N m rn C m z 0 `m m A (P gB fd E [a 3� 'I� D O P i� `m rn T A N O Z D mm � D m r m < D O z 0 A 3 D m m Zl D N VS JEFFERSON /MADISON m m m N E J f� 3 D N � O D €1 I m x N O z Iii .3 -vul)l 7 - m lZ l m� D r r- m D z z N 0 A 3 D m D N A COLD ILkl ?may 7 UN-7 RIZED LEN N A R' ° 11 T.E n oc�nm�cu *: 11 , or .wc �bP Hjl-�J�m� mq Jill MIN Mmm RR RR v 6z n3 my >�m ,op zmm G m d� I m m m m A N 0 Z E 3 D O N Z D 3 b N Z m` T m A N z m m m m A 0 Z 3 D N 0 Z NO s® 7i i F+ F3 2 8 4 �i 8 3 D c+ O N Z � D m m m m A N 0 Z E ii Fn JEFFERSON /MADISON /dCp Ll- (,( !j /'-/ f-Dtj L E N N A , aE� ..T R' > _�'�� : ��uAIao aor ,,T". �E THE �U Nicols Ridge City of Eagan Introduction On December 1", 2009 the City of Eagan and U.S. Home Corporation entered into agreements that allow for the consideration of a revised site plan. U.S. Home Corporation is proposing to continue the Nicols Ridge community by developing +/- 6.5 Acres within the existing project. In general terms, the purpose of this request is to seek approval of a revised site plan that is better suited to meet the demands of the current housing market. Property Description The site is located within the Cedar Grove Redevelopment District and has been designated as `Special Area' in the City's Comprehensive planning. Due to market conditions, the site has remained idle since the last new home closing in 2007. The purpose of this request is not to change the land use but to instead amend the site plan to be more palatable in today's challenged housing market. City Standards • Comprehensive Guide Plan designation Nicols Ridge is part if the Cedar Grove Redevelopment District that allows for design flexibility. Recognizing this, we have stayed within the guidelines established with the original Nicols Ridge approvals. • Zoning Classification Planned Development (PD) • Existing Land Uses It is not the intent of this proposal to change the land use. • Surrounding Land Uses and zoning within 660 feet As part of the Cedar Grove Redevelopment District the Nicols Ridge project is surrounded by existing high density uses, and opportunities for future re- development. Project Description The new plan follows guidelines established in the original PD. Consistent with the current plan, all streets within Nicols Ridge will remain private with maintenance responsibilities falling to the Master Homeowners Association. The plan orientates buildings in a manner that is familiar to existing residents and helps alleviate parking concerns within the neighborhood. At the request of the fire department the site plan has been adjusted to minimize the length of dead end roads. In doing so, some buildings were moved closer (then the typical 25' setback) to Cedar Grove Trail. The flexibility is allowed for in the Cedar Grove redevelopment area. A pedestrian connection has been added and bump out style parking stalls are included as a means to accommodate parking in a higher density, urban -style setting. /07 NARRATIVE Product Information The existing condominium buildings with underground parking will be eliminated with this proposal and replaced with a combination of back to back townhomes and a new version of the row townhome. The building changes will enhance the architectural element within the neighborhood by providing variety from the existing homes. Different sized buildings will break up the streetscape by diversifying roof7ines and accents. We are committed to the use of upgraded materials and will incorporate LP SmartSide siding on all four sides of the homes. Since the original approval of Nicols Ridge technology relating to exterior building materials has changed. There are now a number of products available that provide high grade finishes with outstanding warranties. LP SmartSide siding is a paintable product that includes a 50 year warranty. Basic literature on the product is included with the application. The back to back and row style townhomes are 2 stories and offer 3 bedrooms, 3 baths and a 2 car garage. These homes also feature a gourmet kitchen, large great room, fireplace, second floor laundry, and loft. One significant change from the condo and previous row plans is the elimination of a set of stairs making the homes more appealing to a wider demographic of potential buyer. The plans range from 1,700 to 1,900 square feet and follow Lennar's signature "Everything you want, Everything you need" marketing platform. Included with the application are architectural renderings for each product type. The Jefferson and Madison plans are marketing names for the row style townhomes. Rear elevation samples are included. The Franklin and Revere plans are marketing names for the back to back townhomes. A sample plan from our Millbrook Community in Stillwater has been included to demonstrate the elevation of an entire building. For clarification, the names Ross, Adams, and Hamilton refer to interior packages of the Franklin and Revere plans and Maureen refers to the adjacent street. Phasing We are projecting to build through the project in two phases. Phase one will consist of 41 units to be built on approximately 4.5 acres. It is our desire to begin development work on the initial phase as weather permits in the spring of 2010. We anticipate that the balance of the project will follow in 2011 but timing will ultimately be dictated by market conditions and our ability to sell through Phase 1. Park dedication and landscape Park dedication requirements will be met through cash donation as described in the settlement documents. The landscape package commits to providing a generous number of trees to the neighborhood including mitigation for any significant species removed in the land development process. Plans for foundation plantings on a 'typical' building are included with the application packet and further emphasize a clean, neat building appearance while offering a variety of species size and color to the foundation. Site Lighting Plan A site lighting plan has not been included with this application. We intend to follow typical street lighting patterns and spacing for residential development. Me,j- Site Signage Plan A site signage plan has not been included with this application. We do not intend to build entrance monuments for Nicols Ridge. Traffic and parking signage will follow typical engineering standards. Neighborhood Meetings The existing residents of Nicols Ridge are very important to the success of the Community. There were several gatherings held with residents prior to the submittal of this application. Over the course of several meetings concerns of the neighborhood were addressed. Summary With input from existing residents, we are proud to have created a plan that will benefit the neighborhood and allow the opportunity to carry out the settlement agreement for the continuation of Nicols.Ridge. I look foreword to your support and would be happy to answer any questions or concerns you have. Project Team Developer: U.S. Horne Corporation Builders: Lennar Corporation Primary Contact: Joe Jablonski Engineer /Surveyor: Hedlund Engineering . Project summary (US Home[Lennar) Homesites — 59 Total area = 6.624 Acres (Net) Density units per acre =891 DU /Acre r' rl f YEAR I/ 'W[.t�trr1 :u AFFAYTY • Reversible Trim — Cedar Grain & Smooth • Trim That Will Last With Smart Guard Protection • Cuts & Nails Just Like Traditional Wood • Works With All Exterior Substrates • The Most Versatile Trim Choose Available 16' & 20' • The Beauty Of A True Cedar Shake Knots Included • Durability Of Engineered Wood • Resistant To Rot & Fungal Decay • Staggered & Straight Shake In One Just Turn & Install • Installer Friendly & Silica Free • 16' For Fewer Seams & Faster Installation • Standard Wood Working Tools Is All That's Needed • With Smart Guard Protection Will Not Rot Or Decay, • Locally Manufactured- With Mills In MN & WI • Most Realistic Deep Grain Embossing SMARYSIDE a) SIDING AND TRIM SmartSide vs. Fiber Cement (1) LP SmartSide has the best warranty in the industry with a 5/50 year warranty. This means that homeowners have a 100% labor and material replacement for the first 5 years. From years 6 -50, there is a prorated material warranty (2) Upfront Cost Advantages (Lap is generally similar to fiber cement, cost advantages on trim, significant cost advantages on shakes, etc. =Price it out) Total Savings= Upfront savings (May vary depending on product mix) + less waste+ increased efficiency+ etc. = COST SAVINGS (3) SmartSide has 16' lengths vs. fiber cement 12' lengths. This means less seems or joints on the sides of your house. This generally is an aesthetically preferred option for homeowners. Up to 33% less seams on a home. On homes with a lot of windows, it is possible to have only a few seems on the front of the home. (4) LP SmartSide has a more realistic cedar texture than fiber cement. Local and national tests have been conducted where homeowners were asked to pick out what siding texture they liked the most and what siding looked the most realistic. These tests were done with the homeowners not knowing what brand of siding was being used. LP SmartSide was by far the most popular texture chosen due to the deeper embossed cedar grain pattern. Most major fiber cement products were also in the tests. (5) LP SmartSide offers one comprehensive 5/50 warranty on entire SmartSide product portfolio. This includes lap siding, trim, soffit, shakes, board and batten, fascia, etc. Most Fiber cement companies have different warranties on their products for lap siding, trim, shake and soffit. (Example- A 50 year siding warranty, a 10 year trim warranty, a 30 year shake warranty, etc.) (6) LP SmartSide can have less waste material on jobsites than fiber cement. (Less breakage, easier to handle, etc.) Installers tend to prefer applying LP Smartside vs. Fiber Cement. ( Easier and quicker to install, no special cutting tools, 40% lighter, etc.) (7) LP SmartSide is easier to install than fiber cement due to it being lighter, it has longer 16' lengths, less blow outs, no special tools required, and contains no silica dust. (A 2003 test conducted by the NAHB showed that Smartside installs 12% faster than Fiber Cement. Additional testing has shown that the Smartside installs even faster than the published 12 %.) (8) Due to the design of the product, LP Smartside cannot experience efflorescence. Efflorescence can occur on the majority of fiber cement products due to salts and �, minerals leaching out of the product while drying on a wall. This can be very difficult, expensive, and time consuming to fix. (This explanation was taken from individuals have been working with fiber cement.) (9) LP SmartSide scores very high in regards to green building. (Please reference the LP Smartside Green Sheet for additional details.) LP SmartSide also has 4 local mills located in Two Harbors, MN, Hayward WI, Tomahawk, WI, and Newberry, MI. The majority of the material comes from within 500 miles of the Central Regions trading area. (LP additionally has a Smartside mill in Roaring River, NC.) Most fiber cement is manufactured at a much farther distance from the Central Region. Fiber cement also weighs significantly more than LP Smartside so less material can go on a truck. (I.e. more fuel waste, etc.) (10) LP SmartSide is a time tested proven product that has been in the market since 1996/1997. It has not had a documented claim against rot or decay in the history of the product. (This is due to the internal makeup of the product.) /1 a