07/05/2016 - City Council RegularAGENDA
EAGAN CITY COUNCIL
EAGAN MUNICIPAL CENTER BUILDING
JULY 5, 2016
6:30 P.M.
I. ROLL CALL AND PLEDGE OF ALLEGIANCE
II. ADOPT AGENDA
III. RECOGNITIONS AND PRESENTATIONS
A. RECOGNIZE two area businesses for their part on the restoration of Eagan's first Fire Truck
IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for
an item to be pulled for discussion)
A. APPROVE MINUTES
B. PERSONNEL ITEMS
C. APPROVE Check Registers
D. APPROVE Contracts
E. ACCEPT donation from Eagan Hockey Association for dry land training equipment
F. APPROVE in-kind partnership with Art Works Eagan on Metropolitan Regional Arts Council
grant application
G. PROHIBIT Parking on Donald Ave (east side, from Yankee Doodle Road to 150 feet north)
H. SCHEDULE a Public Hearing to Consider Variances to Parking Lot Setbacks
I. APPROVE Cooperative Construction & Maintenance Agreement with MN Department of
Transportation (TH 55 & Beverly Drive)
J. APPROVE Traffic Signal Agreement with MnDOT & Dakota County (TH 77 & Diffley Road — East
& West Ramps) Project 1213
K. APPROVE Cost Share, Operation and Maintenance Agreement with Mount Calvary Lutheran
Church (3920 Rahn Road)
L. AMEND PURCHASE AGREEMENT, Outlot I, Gopher Eagan Industrial Park 2nd Addition
M. APPROVE Energy and Environment Advisory Commission recommendation to accept a City
Resolution for pollinator friendly environments per the Energy and Environment Advisory
Commission 2015/2016 Work Plan
V. PUBLIC HEARINGS
VI. OLD BUSINESS
VII. NEW BUSINESS
A. CONDITIONAL USE PERMIT -3803 Blackhawk Ridge Road/ Jeff Dierberger-A Conditional Use
Permit to exceed 25% impervious surface coverage in a Shoreland Overlay District located at
3803 Blackhawk Road
B. PLANNED DEVELOPMENT AMENDMENT— Easter by the Lake -A Planned Development
Amendment to allow for a future building and parking located at 4545 Pilot Knob Road
C. CONDITIONAL USE PERMIT- Prestige Preschool Academy - A Conditional Use Permit to allow
a daycare in a Limited Business Zoning District located at 4150 Knob Drive
D. CONDITIONAL USE PERMIT—Matheson Tri -Gas - A Conditional Use Permit to allow outdoor
storage of compressed and liquefied gases, outdoor parking of tractor, trailers and trucks and
accessory buildings for storage located at 3191 Mike Collins Drive
VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
IX. ECONOMIC DEVELOPMENT AUTHORITY
A. CALL TO ORDER
B. ADOPTAGENDA
C. CONSENTAGENDA
1. APPROVE EDA Minutes
2. ADOPT resolution to authorize staff to acquire Lot 1, Block 1, Cedar Grove Parkway 4th
Addition
D. OLD BUSINESS
E. NEW BUSINESS
F. OTHER BUSINESS
G. ADJOURN
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
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City of Eap Memo
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY ADMINISTRATOR OSBERG
DATE: JUNE 30, 2016
SUBJECT: AGENDA INFORMATION FOR JULY 5, 2016 CITY COUNCIL MEETING
ADOPT AGENDA
After approval is given to the July 5, 2016 City Council agenda, the following items are in order
for consideration.
Agenda Information Memo
July 5, 2106, Eagan City Council Meeting
RECOGNITIONS AND PRESENTATIONS
A. Recognize two area businesses for their part on the restoration of Eagan's first Fire
Truck.
Facts:
➢ Eagan's first fire truck is a 1942 Chevrolet which was purchased by Eagan in
1963. The truck was named Jenny BY THE Charter Firefighters.
➢ Prior to becoming Eagan's first fire truck, Jenny served as a United States Army
Fire Truck protecting the ammunitions plant in Rosemount during World War II.
➢ Jenny served the community as an active fire truck until approximately 1980 at
which time she was retained as a parade vehicle and active piece of Eagan's
History.
➢ Over the past 36 years Jenny has made many appearances at community events
including the annual Fourth of July celebration.
➢ In 2015 Jenny's 1942 manual transmission finally gave out. The estimated cost to
repair the transmission was so extensive that the initial plan was not to repair
the truck and to put it on permanent display at the Fire Safety Center.
In late 2015 the Fire Department was contacted by Dan Sjolseth who is the
owner of Superior Service Center in Eagan. Dan and Superior Service Center had
completed a total restoration of Jenny's apparatus body in 2010. Dan was very
interested in making sure Jenny was repaired to continue to make those public
appearances.
Dan enlisted the help of Scott McClure who is the owner of St. Paul Automotive
to assist with the restoration project.
Over the past 9 months with the City paying for the parts, Dan and Scott have
provided much of the labor to provide Jenny with a new engine, transmission
and exhaust system to help ensure that Jenny will continue to part of Eagan's
living history for many more years.
➢ Dan Sjolseth and Scott McClure will be intendance at the meeting to be
recognized.
➢ Jenny will be on display prior to the Listening Session in the upper parking lot
and prior to the Council Meeting near the main public entrance.
Agenda Information Memo
July 5, 2016 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 June 14, 2016 Special City Council meeting and the June 21, 2016
regular City Council meeting as presented or modified.
Attachments: (2)
CA -1 June 14, 2016 Minutes
CA -2 June 21, 2016 Minutes
MINUTES
SPECIAL CITY COUNCIL MEETING
JUNE 14, 2016
5:30 P.M.
EAGAN MUNICIPAL CENTER
City Councilmembers present: Mayor Maguire, Bakken, Hansen and Tilley. Councilmember Fields
arrived at 5:46 p.m.
City staff present: City Administrator Osberg, Assistant City Administrator Miller, Public Works Director
Matthys, Director of Parks and Recreation Pimental, Director of Community Development Hutmacher,
City Planner Ridley, Director of Communications Garrison and, Finance Director Pepper.
ROLL CALL AND ADOPTION OF THE AGENDA
Councilmember Hansen moved, Councilmember Bakken seconded a motion to adopt the agenda as
presented. Aye:4 Nay:0
VISITORS TO BE HEARD
There were no visitors to be heard.
JOINT MEETING WITH THE ADVISORY PLANNING COMMISSION
Community Development Director Hutmacher introduced the item noting the Advisory Planning
Commission and staff are looking for Council discussion and direction regarding the role Eagan
Forward outcomes may play in the 2018 Comprehensive Plan Update. Hutmacher noted the
Minnesota State Statutes requires that metropolitan communities update their comprehensive plans
every ten years. The 2018 update, also known as the 2040 Comprehensive Plan, must be submitted for
Metropolitan Council review by December 31, 2018. She further explained that staff intends to work
with a consultant this year and next to complete the updated document by the end of 2017 to allow
ample time for external review during the first half of 2018.
Hutmacher noted the Comprehensive Plan is a tool for the City to communicate its high-level
aspirational goals and some of those may come out of the Eagan Forward effort. She noted themes
emerging from Eagan Forward that could be integrated into the 2040 Comprehensive Plan include:
redevelopment, housing, innovation and creativity, and transportation.
The City Council, Advisory Planning Commission and staff discussed the key themes and related Eagan
Forward strategies. The City Council provided direction on goals and outcomes of Eagan Forward to
be included in the 2018 Update.
Specifically, Community Development Director Hutmacher clarified with the Council the following
policy questions:
1. To capture the momentum of Eagan Forward to increase public engagement in the
comprehensive planning process? The Council agreed.
2. To use the 2040 Comprehensive Plan as an implementation tool for some of the larger themes
addressed in Eagan Forward? The Council agreed.
Special City Council Minutes
June 14, 2016
Page 2
Hutmacher summarized the Council's general support of certain high-level Eagan Forward themes
being included in the comprehensive plan update process and acknowledged that other Eagan
Forward outcomes or strategies may or may not be appropriate for the comprehensive plan and would
need further Council discussion. She also stated staff intends to schedule check -ins with the City
Council at various times during the comprehensive plan update process.
The City Council thanked the Advisory Planning Commission for participating in the discussion and for
all of their work fleshing out issues and concerns each month at their regular meetings.
The Council took a 10 minute break.
EAGAN FORWARD STUDY ACTION TEAM UPDATES
Assistant City Administrator Miller introduced the item noting Eagan Forward launched in January of this
year, and since then, eight community study action teams have been hard at work responding to the
strategies set forth in the plan. Approximately 100 residents and community stakeholders have
participated in the study action teams over the past four months. Each team has been asked to identify
WIGS, or Wildly Important Goals.
The following Teams Leaders gave their presentations to the Council:
• Team Leader Marianne Fletcher representing Team #1— Keeping Seniors Engaged.
• Team Leader Stephanie Cook representing Team #2 — Invest in Amenities that Appeal to
Millennials and Baby Boomers.
• Team Leader Anita Pagey representing Team #3 — Becoming a Welcoming Community.
• Team Leaders Tracy Walker and Sujit Maharana representing Team #4 — Invest in Additional
Amenities for Families and School -Aged Children.
• Team Leader Jerri Neddermeyer representing Team #5 — Invest in an Eagan Makerspace.
• Team Leader Sheila Bayle representing Team #6 — Develop an Economic Strategy to Strengthen
Eagan Arts and Cultural Sector.
• Team Leaders Juliet Parisi and Wanda Borman representing Team #7 — Invest in a Community
Art Center.
• Team Leader Jodi Roth representing Team #8 — Attract New Restaurants and Retail.
Each Councilmember provided feedback about the initiatives that especially resonated with them,
noting additional guidance or expectations would be to work together to find areas of similarity, use
that to find the market from within the community that will drive and sustain the use. Councilmembers
were comfortable with some teams concluding their work now, others continuing their efforts through
the end of the year, and other teams joining forces to consolidate talent and interests to advance
particular goals.
2017 BUDGET UPDATE
City Administrator Osberg noted in late April, staff began the 2017 budget process. Department
Directors are currently preparing the 2017 budget proposals. The General Fund, Public Utilities and
Recreation facilities proposals were submitted on June 1. Osberg noted the recommended budget is
scheduled to be presented to the City Council for detailed review at the August 8, 2016 Special City
Council meeting.
Special City Council Minutes
June 14, 2016
Page 3
Finance Director Pepper was available for questions.
There was no other business to be heard.
OTHER BUSINESS
ADJOURNMENT
Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn at 9:40 p.m.
Aye:S Nay:O
Date
Mayor
City Clerk
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
JUNE 21, 2016
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor
Maguire and Councilmembers Bakken, Fields, Hansen and Tilley.
A regular meeting of the Eagan City Council was held on Tuesday, June 21, 2016 at 6:30 p.m. at the
Eagan Municipal Center. Present were Mayor Maguire and Councilmembers Bakken, Fields, Hansen and
Tilley. Also present were City Administrator Osberg, Assistant City Administrator Miller,
Communications Director Garrison, Finance Director Pepper, Director of Community Development
Hutmacher, City Planner Ridley, Director of Public Works Matthys, Director of Parks and Recreation
Pimental, Police Chief McDonald, City Attorney Dougherty, and Executive Assistant Stevenson.
AGENDA
City Administrator Osberg suggested moving the Economic Development Authority Agenda after the
Consent Agenda leaving the only remaining item under New Business. All Councilmembers were in
favor.
Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve the agenda as
amended. Aye:5 Nay:0
RECOGNITIONS AND PRESENTATION
There were no recognitions and presentations.
CONSENT AGENDA
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Consent agenda
as presented: Aye: 5 Nay: 0
Mayor Maguire pulled Item J. —To accept a donation from the Eagan Lion's Club in the amount of
$10,000 for the Fire Department, for further comment. He thanked the Eagan Lion's Club for the
donation and for all they do in the community.
A. It was recommended to approve the minutes of June 7, 2016 regular City Council meeting as
presented.
B. Personnel Items:
1. It was recommended to approve accept the retirement notice of Richard Nelson, Full Time
Utility Water Production Worker and authorize replacement of the vacancy created.
2. It was recommended to authorize the status change of Jeannette Nelson from part time to
regular full time.
3. It was recommended to authorize temporary office support to Parks & Recreation.
4. It was recommended to approve the transfer of Greg Tracy from Full Time Utility Worker to
Full Time Production Utility Worker.
5. It was recommended to approve the transfer of Jeffrey Tisor, from Full Time Field Utility
Worker to Full Time Production Utility Worker.
City Council Meeting Minutes
June 21, 2016
2 page
6. It was recommended to authorize the hiring of Tom Rishel, seasonal utility worker, for the
replacement of a Field Utility Worker position created by the transfer of Jeffrey Tisor to
Production Utility Worker.
7. It was recommended to authorize recruitment and replacement of a Field Worker position
created by the transfer of Greg Tracy to Production Utility Worker.
C. It was recommended to ratify the check register dated May 27, June 3 and 10, 2016 as
presented.
D. There were no contracts to consider at this time.
E. It was recommended to approve a Joint Powers Agreement between the City and the DNR for
the provision and installation of a fishing pier on Fish Lake within Fish Lake Park and also the
required Resolution confirming City support for the project.
F. It was recommended to authorize the modification of the fee schedule to help make available
more time for smaller rentals at the Eagan Community Center on Fridays and Saturdays within
90 days of the date of rental.
G. It was recommended to approve a resolution to accept a grant from the Farmer's Market
Coalition of $2,000 plus program supplies for Eagan Market Fest and direct the Mayor and City
Clerk to sign the appropriate document.
H. It was recommended to adopt a resolution authorizing the Chief of Police to sign a Master
Subscriber Agreement for authorized personnel to access data through the court system.
I. It was recommended to approve an agreement for legal services between the City of Eagan and
Campbell Knutson, PA for prosecuting legal services.
J. It was recommended to approve a resolution to accept a donation from the Eagan Lion's Club in
the amount of $10,000 for the Fire Department and authorize the necessary budget adjustment.
K. It was recommended to approve the Fire Departments revised Standard Operating Procedures
Manual for implementation.
L. It was recommended to approve the Joint Powers Agreement for Dakota County Domestic
Preparedness Committee.
M. It was recommended to approve an amendment to an existing Joint Powers Agreement with the
State of Minnesota, which will allow the City to continue seeking reimbursement for
investigative overtime, training and equipment related to crimes committed over the internet.
N. It was recommended to approve a resolution appointing absentee ballot board judges and
designating them as deputy city clerks for the purpose of administering the August 9, 2016
Primary.
0. It was recommended to approve a resolution appointing election judges for the August 9, 2016
Primary.
P. It was recommended to approve a temporary on -sale liquor license and waive the license fee for
the Eagan High School Boys' Hockey Booster Club on July 16, 2016 at 3870 Pilot Knob Road.:
Q. It was recommended to approve a temporary on -sale liquor license and waive the license fee for
Faithful Shepherd Catholic School's Septemberfest on September 16-18, 2016 at 3355 Columbia
Drive.
R. It was recommended to approve a Sound Amplification Permit and a Permit Fee Waiver for an
outdoor event with electronic sound system/audio equipment use after 10 p.m. on September
17, 2016, located at 3355 Columbia Drive.
S. It was recommended to approve Change Order No. 1 to Contract 16-02 (Citywide Street
Improvements) and authorize the Mayor and City Clerk to execute all related documents.
T. It was recommended to approve Change Order No. 1 to Contract 16-18 (Central Maintenance
Facility— Fuel System Improvements) and authorize the Mayor and City Clerk to execute all
related documents.
City Council Meeting Minutes
June 21, 2016
3 page
U. It was recommended to approve the final payment for Contract 16-18 (Central Maintenance
Facility — Fuel System Improvements) in the amount of $35,493.87 to Pump and Meter Service,
Inc. and accept the improvements for perpetual City maintenance subject to warranty provision.
V. It was recommended to approve the plans and specifications for Contract 16-21 (Central Area
Street Light Improvements) and authorize the advertisement for a bid opening to be held at
10:30 a.m. on Thursday, July 28, 2016.
W. It was recommended to approve the plans and specifications for Contract 16-23 (Country Hollow
Lift Station Rehabilitation — Sanitary Sewer Improvements) and authorize the advertisement for
a bid opening to be held at 11:00 a.m. on Thursday, July 14, 2016 at the Utilities Administration
building located at 3419 Coachman Point, Eagan, MN.
X. It was recommended to direct the City Attorney to prepare an Ordinance Amendment to
Section 3.20, Rules and Regulations Relating to Water Service for further consideration
regarding the development of a Cross -Connection Control Plan that may require compliance
with a mandatory inspection program, including related corrective work orders and
enforcement measures with possible surcharges.
Y. It was recommended to authorize a letter of support to the City of Burnsville for a Regional
Solicitation federal funding application for trail improvements along Cliff Road (CSAH 32) from
TH 13 to Cinnamon Ridge Trial.
Z. It was recommended to approve a Change Order No. 2 to Contract 15-15 (Yankee Doddle
Road/Promenade Avenue and Yankee Doodle Road/O'Leary Lane — Intersection Improvements),
and authorize the Mayor and City Clerk to execute all related documents.
AA. It was recommended to approve a Final Subdivision (Wilderness Run 4 t Addition) to create 2
lots upon approximately 1.8 acres located at 4365 Capricorn Court.
BB. It was recommended to approve an extension to the Final Subdivision approval for property
located at 510 Lone Oak Road.
CC. It was recommended to direct preparation of an ordinance amendment to City Code Chapter 11
regarding temporary family dwellings.
DD. It was recommended to approve the Joint Powers Agreement with Dakota County for the Dodd
Road Fiber Project.
EE. It was recommended to approve a resolution to accept donations generated at the 1914 Historic
Town Hall open house.
FF. It was recommended to adopt a resolution approving an Exempt Permit for St. John Neumann
Catholic Church to conduct a raffle on August 14, 2016 at 4030 Pilot Knob Road.
GG. It was recommended to amend the City Council minutes for April 5, 2016, as they pertain to the
Cedar Grove Transit Station.
There were no public hearings to be heard.
PUBLIC HEARINGS
OLD BUSINESS
There were no old business items to be heard.
City Council Meeting Minutes
June 21, 2016
4 page
NEW BUSINESS
Comprehensive Guide Plan Amendment, Rezoning, Preliminary Planned Development,
Preliminary Subdivision and Feasibility Report — MV Eagan Ventures, LLC
City Administrator Osberg introduced the item noting there are five actions the Council is being asked to
consider: a Comprehensive Land Use Guide Plan Amendment from Special Area -Major Office to Special
Area -Mixed Use upon approximately 200 acres, a Rezoning from Agriculture to Planned Development
upon approximately 44 acres, a Preliminary Planned Development to establish an approximately 200
acre multi-building/multi-use development, a Preliminary Subdivision to create three lots and three
outlots upon approximately 200 acres, and the Feasibility Report for Project 1225 MV Eagan Ventures
LLC streets and utility improvements.
City Planner Ridley gave a staff report and provided a site map.
Public Works Director Matthys briefly introduced the Feasibility Report for Project 1225.
Kevin Warren, Minnesota Vikings, noted the project will bring excitement and interaction to the area
bringing a live, work, play environment.
David Murphy, Crawford Architects, gave a presentation that walked through the detailed plans of the
project and each of the proposed districts.
Representatives from the Minnesota Vikings were present and available for questions.
The Council discussed the development.
Mayor Maguire opened the public comment. Joe and Linda Retterrath, 810 O'Neill Drive, stated concern
for their privacy regarding the height and proximity of the buildings. Julie Manworren, President/CEO of
Living Well Disability Services, 680 O'Neill Drive, stated her excitement about the development now and
as the mixed-use development progresses over the next decade. Thomas O'Neill stated he was
supportive of the Vikings development, but noted his concern regarding well drilling. Vicki Stute,
President Dakota County Regional Chamber of Commerce, stated support for the development and
noted the Chamber is very excited to welcome the Vikings to Eagan. There being no further public
comment, Mayor Maguire turned the discussion back to the Council.
Councilmember Fields moved, Councilmember Bakken seconded a motion to implement a
Comprehensive Land Use Guide Plan Amendment from Special Area -Major Office to Special Area -Mixed
Use upon approximately 200 acres generally located south of 1-494 and east of Highway 149. Aye: 5
Nay: 0
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Rezoning from
A, Agriculture, to PD, Planned Development, upon approximately 44 acres generally located at 720
O'Neil Drive. Aye: 5 Nay: 0
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Preliminary
Planned Development to establish an approximately 200 acre multi-building/multi-use development
City Council Meeting Minutes
June 21, 2016
5 page
generally located south of 1-494 and east of Highway 149, subject to the following conditions as
amended: Aye:5 Nay:0
1. A Preliminary Planned Development Agreement for a term of 15 years shall be executed and
recorded against the property at the Dakota County Recorder's office. The Preliminary PD
Agreement shall contain the following plans:
■ Preliminary Site Plan
■ Preliminary Signage Plan
2. A Final Planned Development Agreement shall be required for each lot as it develops.
The following plans are required for the Final Planned Development Agreement.
Final Site Plan
■ Final Building Elevations
Final Landscape Plan
■ Final Signage Plan
■ Final Lighting Plan
■ Final Amenities Plan
3. The property shall be platted.
4. All residential development within the site shall be designed and constructed as shared- entrance
buildings.
5. All building construction within the proposal area shall incorporate construction methods and
techniques that reduce interior noise impacts from airport noise in accordance with the
Metropolitan Council's 2030 Transportation Policy Plan and City Code Section 11.64 pertaining to
the Aircraft Noise Zone Overlay District.
6. The revised MV Northeast Eagan Development Design Guidelines (the "Guidelines"), received on
March 30, 2016, are adopted by reference to establish the development framework for Land
Use, Architecture, Green Infrastructure, Public Realm, Street and Roadways, Lighting and
Signage. To the extent of any inconsistency between the Guidelines and the Conditions herein,
the Conditions shall control.
7. The developer shall provide cross parking easements and a comprehensive parking/special
events agreement in a form acceptable to the City Attorney. Such agreement shall include a
requirement that the developer participate financially in the traffic management strategies
necessary to accommodate future events within the development, including events at the
stadium and practice facility.
8. Ingress -egress easements shall be provided to ensure all parcels have access to a public street.
Such easements shall be in a form acceptable to the City Attorney.
9. All buildings shall present an attractive appearance on all sides with similar architectural features
and materials as the front/entry sides of the buildings.
10. Final Planned Development Site Plans shall include the parking island calculation summary
within the individual parking area(s) or in the plan sheet legend.
11. Cart corrals shall be shown on the Final Site Plan(s). All cart corrals shall be a permanent
installation, and no advertising signage shall be placed on the corrals.
12. Overnight storage of carts outside or in the cart corrals is not permitted. All carts shall be
collected each day and stored within the building overnight; indoor storage area for carts shall be
provided.
13. Outdoor storage for up to three commercial vehicles is allowed for each commercial building.
Such vehicles must fit in a standard parking stall and the designated parking stalls shall be
identified on the Site Plan at the time of Final Planned Development.
14. The Signage MasterPlan provides bulk standards for size and setbacks for the general overall site
freestanding signage; all other building and freestanding future phase, site specific, signage shall
City Council Meeting Minutes
June 21, 2016
6 page
meet Sign Ordinance standards. The development monument sign at the intersection of Dodd
Road and Northwest Parkway shall be eliminated.
15. Outdoor patio dining shall meet City Code requirements of Sec. 11.70, Subd. 29. For each outdoor
dining area, a detailed patio seating plan should be provided at the time of Final Planned
Development.
16. Trash and recycling containers shall be stored within the principal building or in an enclosure
attached to the building that meets the design standards in the City Code, and be constructed of
the same finish materials as the principal buildings.
17. All mechanical equipment, both roof and ground mounted, shall be screened in accordance with
City Code standards. All equipment and proposed screening shall be shown and identified on the
Final Building Elevations and/or Site Plan drawings at the time of Final Planned Development.
18. Each Final Landscape Plan shall include specifications that include a note that the root ball be set
flush with grade with the root flare visible 1-2" above grade. Additionally, the plan shall note
mulch shall not be in contact with the trunk of the tree.
19. Screening of the player/coaches parking area from O'Neill Drive shall be enhanced by adding a 3'
tall evergreen shrub hedge or knee wall.
20. All landscaped areas shall be provided with automatic irrigation in compliance with City
Code requirements.
21. A financial guaranty for landscaping and tree mitigation shall be provided at the time of
Final Subdivision, in accordance with City Code provisions.
22. To ensure that tree mitigation is properly addressed as a phased development, the developer
shall enter into a Tree Preservation/Mitigation Agreement, in a form acceptable to the City
Attorney.
23. A blue or other industry standard recycling receptacle shall be placed directly next to all trash
receptacles in the common areas of the development. Uniform labels on receptacles and lids will
indicate recycling or trash and will specifically identify the types of items accepted in each
container.
24. Pedestrian crossings of drive lanes shall be visually and/or texturally offset through use of a
different pavement material.
25. Per the Design Guidelines, a cohesive consistent design shall be provided for all free- standing
signs.
26. All building signage shall be consistent in design, per City Sign Code standards, while
accommodating the unique identifiers of individual tenants including colors, script and logos.
27. Building architecture shall be considered prior to sign placement so that sign placement is in
keeping with the architectural features of the building.
28. Details on the design and placement of directional signs shall be provided with the Final Planned
Development. The directional sign structures shall be located so as not to interfere with visibility,
vehicular or pedestrian circulation or snow storage.
29. Building elevations shall be submitted for all buildings at the time of Final Planned Development.
Buildings for which Preliminary Elevations were not provided shall utilize the Design Guidelines
palette of materials and consistent architectural features presented for the specific District.
30. All erosion/sediment control plans submitted for development and grading permits shall be
prepared by a designer who has received current Minnesota Department of Transportation
(MNDOT) training, or approved equal training as determined by the City Engineer in designing
stormwater pollution prevention plans. Also, all personnel responsible for the installation of
erosion/ sediment control devices, and the establishment of vegetation for the development, shall
have received Erosion/Sediment Control Inspector/Installer certification through the University of
Minnesota, or approved equal training as determined by the City Engineer.
31. The developer shall provide hydrant spacing and locations in accordance with City Fire
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June 21, 2016
7 page
Department and Public Works standards.
32. The developer shall provide a plan to be approved by staff including development -owned vault(s) at
an entry point(s) to the premises and a conduit system to provide fiber optic to all buildings in the
development. The conduit system shall utilize a multi -partitioned
inner duct system, or other comparable means, to accommodate multiple fiber optic service
providers in the future.
33. The developer shall enter into a trail easement agreement per the Sidewalk and Trails Plan (Plan
Sheet L100), in a form acceptable to the City Attorney to provide public right- of -way or trail
easement of sufficient size for any public trails constructed outside the current right-of-way limits.
34. The developer shall enter into a park and trail agreement per the Parks and Open Space
Plan (Plan Sheet L200), in a form acceptable to the City Attorney, to ensure that the
dedication of park and trails is completed as the development proceeds in further phases.
35. The developer shall provide building address numbers per Section 2.78 of the City Code.
36. Corporate partner or naming rights sponsor signage shall be limited to 20% of the sides of the IPF
and integrated graphics/projection mapping signage on the IPF shall not be subject to the 20%
restriction.
37. Integrated graphics/projection mapping signage shall be subject to a Sign Agreement between
the City and the Vikings in a form acceptable to the City Attorney.
38. Only two other building permits shall be issued for any property other than Lot 1, Block 1 until
above -ground physical construction has begun on the Vikings' Headquarters facility.
39. Developer may not commence construction of any residential units on any land located North of
Northwest Parkway until Developer commences construction of a conference center hotel on the
Property containing at least 100 guest rooms, 10,000 square feet of event space, 10
breakout/conference.rooms, a ballroom with capacity for at least 500 people and a full service sit-
down restaurant ("Conference Center Hotel"). Developer shall cooperate with the City of Eagan's
Convention and Visitor's Bureau to develop the scope of and undertake a feasibility study
examining the market and financial feasibility, without subsidy, of each of, and the combined, hotel
and conference center components of the Conference Center Hotel on or before April 1, 2017 and
report quarterly, until three years have passed from the issuance of a Certificate of Occupancy for
the Vikings' Headquarters facility, as to Developer's efforts and progress toward constructing a
Conference Center Hotel. If the feasibility study demonstrates that development of the
Conference Center Hotel is not feasible, in any respect, this condition is waived. In any event, this
condition automatically expires on April 1, 2023.
40. The developer shall be responsible for all relevant mitigation strategies included within the
Mitigation Plan dated May 27, 2016, associated with the Final Alternative Urban Area -wide
Review (AUAR) for the Minnesota Vikings Headquarters and Mixed Use Development in
accordance with the City's determination of responsibility. The developer shall contribute
$4000/net developable acre into an escrow fund to address their responsible cost of
transportation improvements included in said mitigation strategies. The developer shall enter into
an escrow agreement in a form acceptable to the City Attorney and provide the required deposit
prior to Final Subdivision approval/release of the plat for recording. Any unused amount will be
returned to the payers within 10 years of full development of the properties within the study
area.
41. The developer shall be responsible for the cost of all updates to the Final Alternative Urban
Area -wide Review (AUAR) for the Minnesota Vikings Headquarters and Mixed Use
Development. Updates are required every five years until the completion of the development.
42. The developer shall be responsible for the cost of preparing and implementing an event travel
demand management plan (TDMP) to identify management strategies for events of various sizes
including traffic operations, parking and circulation. Events could include use of the outdoor
City Council Meeting Minutes
June 21, 2016
8 page
stadium, indoor practice facility and outdoor practice fields by the Vikings as well as local
community sporting or entertainment events. Implementation costs may include city or
contractual labor and material to address a combination of turn restrictions, counter -flow
operations, traffic signal overrides, supplemental static and dynamic signage, transportation
(bussing) and event management staff to override operations at some intersections.
Mayor Maguire moved, Councilmember Hansen seconded the motion to approve a Preliminary
Subdivision (Northeast Eagan Development) to create three lots and three Outlots upon
approximately 200 acres located in the north %2 of Section 1, generally located south of 1-494 and east
of Highway 149, subject to the following conditions: Aye: 5 Nay: 0
1. The developer shall comply with these standards conditions of plat approval as adopted by Council
on July 1, 2014: Al, 131, B2, B3, B4, C1, C2, D1, E1, F1, G1, H1 and 11.
2. The property shall be platted.
3. Ingress -egress easements shall be provided to ensure all parcels have access to a public street.
Such easements shall be in a form acceptable to the City Attorney.
4. All erosion/sediment control plans submitted for development and grading permits shall be
prepared by a designer who has received current Minnesota Department of Transportation
(MNDOT) training, or approved equal training as determined by the City Engineer in designing
stormwater pollution prevention plans. Also, all personnel responsible for the installation of
erosion/ sediment control devices, and the establishment of vegetation for the development, shall
have received Erosion/Sediment Control Inspector/Installer certification through the University of
Minnesota, or approved equal training as determined by the City Engineer.
5. All well and septic systems within the development should be abandoned in accordance with City
and County standards.
6. The developer shall meet all requirements of Minn. Rules Ch. 8420 and City Code
§11.67 regarding and a proposed wetland replacement plan.
7. The developer shall meet the City's Post Construction Stormwater Management requirements
(City Code §4.34) for stormwater management and surface water quality, including Runoff Rate
Control and 1.1" Volume Control on the site's new and fully- reconstructed impervious surface
area (including effective soil remediation for the site's disturbed soils that are to be revegetated).
8. The developer shall provide adequately sized pre-treatment (e.g. 4' sump with scour protection
and skimmer hood, inlet filter structure, etc.) at, or immediately upstream of, all stormwater
management facility (e.g. infiltration basin) inlets to provide for effective capture and easily -
accessible cleanout of fine -sand sized particles and floatable pollutants. Details shall be included
in applicable plan sheet(s).
9. The developer shall provide clear plans and details on how impervious surface runoff will enter
proposed infiltration basins (e.g. curb -cuts, catch-basin/piping, etc.), specifically on Utility Plan and
other appropriate plan sheets at all proposed individual drainage areas (e.g. P -Park -W1, P -Park -
W2, P -Park -E, P-OutSyn, etc).
10. The developer shall provide unobstructed maintenance equipment access paths (without
obstructions from grading, private utilities, trees/branches, large shrubs, etc.), from pavement -
edge to all surface stormwater facilities' inlets/outlets. The unobstructed equipment access path
shall be capable of fully supporting typical maintenance equipment, for periodic maintenance
access to the surface storm water facilities and verify that Landscape Plans do not conflict with this
access requirement.
11. Prior to receiving city approval to permit land disturbing activity, the developer shall provide the
City with soil boring logs from a minimum of four soil -borings within any proposed infiltration
City Council Meeting Minutes
June 21, 2016
9 page
basin area, extending a minimum of 10' below the bottom of the proposed infiltration feature, to
evaluate and ensure suitability for infiltration. If the soil boring logs indicate incompatibility of
existing sub -soil permeability with the submitted and reviewed design plans for meeting volume
control requirements, the developer shall revise the design and/or construction plans (e.g. over-
excavation/soil-amendment depth, etc.) and/or follow Permissible Alternative Stormwater Volume
Control Designs process if determined appropriate by the City Engineer, to ensure volume control
requirements are fully met.
12. Prior to receiving city approval to permit land disturbing activity, the developer shall provide
construction details of the proposed infiltration/filtration systems for City review/acceptance by
the City Engineer and include in construction plans. Construction details shall include
infiltration/filtration basin cross-section(s), construction sequencing/protection/restoration notes,
sizing/volume tables, details for stable inlets/outlets/emergency overflows, details for pre-
treatment, unobstructed inspection/maintenance access areas to inlets/outlets, soil amendment
criteria, live planting, seeding & permanent erosion -control details, etc., to ensure
infiltration/filtration practice is properly designed, constructed, planted, and adequately protected
during / after construction to prevent clogging, and able to be properly maintained (e.g.
unobstructed equipment access, etc.) to function as intended. These graphical details and notes
shall be prominently included in all applicable plan sheets (e.g. Erosion & Sediment Control Plan,
Grading Plan, Utility Plan, Landscape Plan, Details, etc.).
13. Prior to receiving city approval to permit land disturbing activity, the developer shall provide
detailed Soil Management Strategies for City review, and acceptance by the City Engineer, that
provide clear assurances that by final grading, prior to installation of any irrigation and plantings,
the disturbed areas that are to be revegetated will have protected and/or restored soil
permeability to non -compacted soil conditions in the top 12" of soil with greater than 5% soil
organic matter content and less than 200 psi of soil compaction in the top 12" of topsoil, to comply
with Volume Control requirements. These graphical details and notes on soil
protection/restoration shall be included in the Stormwater Management Plan and prominently
included in all applicable plan sheets (e.g. Erosion & Sediment Control Plan, Grading & Drainage
Plan, Landscape Plan, etc.).
14. Prior to receiving a Certificate of Occupancy for any affected construction, Soil Management
Strategy implementation documentation (e.g. representative on-site soil samples, compaction
testing and soil organic content test results) shall be provided to City Water Resources staff to
verify compliance with approved soil management strategy. City Water Resources staff shall be
notified, with 24-hour advance notice, for inspection during soil amendment process, prior to
installation of any irrigation, seeding or plant materials, to verify soil compliance. Plan sheet
notes/instructions on all applicable plan sheets shall be provided.
15. During infiltration system area over-excavation/sub-soil work, the developer shall ensure that a
Certified Soil Scientist will be present to verify and document that practice area sub -soils are
suitable for a saturated condition infiltration rate of 0.8 -inch per hour or greater (but less than 8.0 -
inch per hour). If the sub -soil infiltration rates are less than 0.8- inch per hour (or greater than 8.0 -
inch per hour), the developer shall immediately notify the City Engineer. Documentation shall be
provided to the City within 48 -hours after infiltration testing. The developer shall provide the City
Water Resources staff with 24- hour advance notice of the occurrence of infiltration verifications
and also prior to any excavation and/or soil backfilling within the infiltration practices (City Water
Resources staff contact/instructions shall be clearly/prominently listed on appropriate plan
sheets).
16. Prior to proceeding with land disturbing activity, the developer shall enter into a long- term
stormwater management system maintenance agreement with the City, detailing the inspection
City Council Meeting Minutes
June 21, 2016
10 page
and maintenance required to occur to ensure proper operation and performance of the
permanent stormwater management system, in a form acceptable to the City Attorney.
17. Before the city returns any Stormwater-related Performance Guarantee Fees on the development
site, the developer shall provide the City Engineer as -built plans that demonstrate that all
constructed stormwater conveyance structures, stormwater management facilities (pre-
treatment, infiltration practices, etc.), and soil management strategies conform to design and/or
construction plans, as approved by the City. As -built volumes (for retention) shall be provided for
the infiltration practices. The developer shall submit to the City Engineer certification that the
stormwater management facilities have been installed in accord with the plans and specifications
approved. This certification shall be provided by a Professional Engineer licensed in the State of
Minnesota.
18. The Developer should provide conservation easements, in a form acceptable to Water Resources
and the City Attorney, over the buffer areas of Wetlands A, B, C, F, G, H, I and J, as identified in the
wetland delineation map submitted to the City with this application.
19. The developer shall provide a design to support broadband and fiber optic telecommunications
networks. The developer shall provide a plan to be approved by staff including development -
owned vault(s) at an entry point(s) to the premises and a conduit system to provide fiber optic to
all buildings in the development. The conduit system shall utilize a multi -partitioned inner duct
system, or other comparable means, to accommodate multiple fiber optic service providers in the
future.
20. The developer shall dedicate the public right-of-way, and any temporary construction easements,
necessary for the construction of the extension of Northwest Parkway, in accordance with City
engineering standards for width and curvature.
21. The developer shall be responsible for all relevant mitigation strategies included within the
Mitigation Plan dated May 27, 2016, associated with the Final Alternative Urban Area -wide Review
(AUAR) for the Minnesota Vikings Headquarters and Mixed Use Development in accordance with
the City's determination of responsibility. The developer shall contribute $4000/net developable
acre into an escrow fund to address their responsible cost of transportation improvements
included in said mitigation strategies. The developer shall enter into an escrow agreement in a
form acceptable to the City Attorney and provide the required deposit prior to Final Subdivision
approval/release of the plat for recording. Any unused amount will be returned to the payers
within 10 years of full development of the properties within the study area.
22. The developer shall provide cross parking easements and a comprehensive parking/special events
agreement in a form acceptable to the City Attorney. Such agreement shall include a requirement
that the developer participate financially in the traffic management strategies necessary to
accommodate future events within the development, including events at the stadium and practice
facility.
23. The developer shall provide hydrant spacing and locations in accordance with City Fire
Department and Public Works standards.
24. The developer shall enter into a park and trail agreement per the Parks and Open Space Plan and
the Sidewalk and Trails Plan (Plan Sheets L200 and L100), in a form acceptable to the City Attorney,
to ensure that the dedication of park and trails is completed as the development proceeds in
further phases.
Councilmember Bakken moved, Councilmember Fields seconded the motion to accept the Feasibility
Report for Project 1225 MV Eagan Ventures, LLC Streets and Utility Improvements. Aye: 5 Nay: 0
City Council Meeting Minutes
June 21, 2016
11 page
The City Council welcomed the Vikings organization and noted their excitement for the development,
and the impact to the community and revitalization in the northeast corner of Eagan.
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative/intergovernmental affairs update.
ADMINISTRATIVE AGENDA
There were no administrative agenda items to be heard.
VISITORS TO BE HEARD
Mayor Maguire noted it has been past practice and policy that during election years, from the opening
of the Council candidate filing period through the November election, the Visitors to be Heard segment
of the meeting shall occur for a period of time not to exceed ten minutes and will not be televised.
There were no visitors to be heard.
ADJOURNMENT
Councilmember Fields moved, Councilmember Hansen seconded a motion to adjourn the meeting at
8:39 p.m. Aye: 5 Nay: 0
Date
Mayor
City Clerk
Agenda Information Memo
July 5, 2016 Eagan City Council Meeting
CONSENT AGENDA
B. Personnel Items
ITEM 1.
Action To Be Considered:
Authorize hiring of the following seasonal and temporary employees for the summer of 2016:
Andrusko, Aiden W
Arcalgud, Anusha
Boike, Lauren E
Brown, Sara J
ITEM 2.
Action To Be Considered:
Park Laborer
Tennis Instructor
Pool Attendant
Lifeguard
Authorize hiring a History Intern in the Communication Department, to be named.
ITEM 3.
Action To Be Considered:
Authorize hiring of Part Time Recreation Tech, to be named.
ITEM 4.
Action To Be Considered:
Accept the resignation of Dave Kurth, Part Time Custodian, and authorize the recruitment and
replacement of this position.
ITEM S.
Action To Be Considered:
Authorize the hiring of Ceasar Page, Part Time Custodian.
Facts:
➢ This position was approved for replacement on May 3, 2016.
ITEM 6.
Action To Be Considered:
Accept the resignation of Emily Nicols and Ashley Becker, Guest Services Representatives, and
authorize the recruitment and replacement of these positions.
ITEM 7.
Action To Be Considered:
Authorize the promotion of Dan Grounds to Full Time Custodian and authorize the replacement
of a Part Time Custodian.
Facts:
➢ This position was approved for recruitment on March 15, 2016.
➢ Mr. Grounds is currently a Part Time Custodian.
ITEM 8.
Action To Be Considered:
Authorize the hiring of Johnathon Windgate, Part Time Custodian.
Facts:
➢ This position was opened due to the promotion of Dan Grounds.
ITEM 9.
Action To Be Considered:
Authorize the hiring of an E -TV Videographer, to be named.
Facts:
➢ This position was approved for replacement May 17, 2016.
ITEM 10.
Action To Be Considered:
Authorize the hiring of, to be named, for the replacement of a Field Utility Worker position
created by the promotion of Greg Tracy to Production Utility Worker.
ITEM 11.
Action To Be Considered:
Authorize the hiring of a Full Time Engineering Tech, to be named.
Facts:
➢ This position was approved for hiring with the retirement of Bruce Allen March 14,
2016.
Agenda Information Memo
July 5, 2016 Eagan City Council Meeting
CONSENT AGENDA
C. Ratify Check Registers
Action To Be Considered:
To ratify the check register dated June 17 and 24, 2016 as presented.
Attachments: (2)
CC -1 Check register dated June 17, 2016
CC -2 Check register dated June 24, 2016
Agenda Information Memo
July 5, 2016, Eagan City Council Meeting
CONSENT AGENDA
D. Approve Contracts
Action To Be Considered:
None. There are not any contracts to consider at this time.
Attachments: (0)
Agenda Information Memo
July 5, 2016 Eagan City Council Meeting
CONSENT AGENDA
E. Accept donation of dry land training equipment provided by
Eagan Hockey Association
Action To Be Considered:
Accept the donation of dry land hockey equipment provided by the Eagan Hockey
Association for use at the Civic Ice Arena.
Facts:
➢ The Eagan Hockey Association is a long standing partner and user of the Civic
Arena for their Hockey programs.
➢ In the recent past, the Eagan Hockey Association has provided donations to help
create a dry land training area in the Civic Arena.
➢ This donation helps create more dry land workout opportunities for the Eagan
Hockey Association participants, as well as, other Civic Arena users as scheduled
through Recreation staff.
Attachments: (2)
CS -1 Donation letter from Eagan Hockey Association
CS -2 Exhibit listing dry land equipment and value donated
June 13, 2016
City of Eagan
Attention: Mark W. Vaughan
Campus Facilities Manager/City of Eagan
Eagan Civic Arena
3830 Pilot Knob Road
Eagan, MN 55122
Dear Mark,
On behalf of the Eagan Hockey Association, we would like to make a donation to the City of Eagan Civic
Arena in the form of the attached Dry Land equipment (see Exhibit A).
Under the terms of the Letter of Understanding — City of Eagan and Eagan Hockey Association- Dry Land
Training Addition to Eagan Civic Arena EHA is submitting for your approval the equipment to be used in
the Dry Land facilities.
Thank you again for your partnership with the Eagan Hockey Association.
John Ferlita
President Eagan Hockey Association
Exhibit A
EST SHIP
DATE
ITEM 'NO
I
QTY
(;
I
ITEM DESCRIPTION
UOM
UNIT PRICE
EXTENDED
PRICE
__
18 -MAY -16
70-359
3
Detonate Force Sandbag -15 Ib
Each
$59.46
$178.38
18 -MAY -16
70-361
3
Detonate Force Sandbag - 25 Ib
Each
$67.96
$203.88
21 -JUN -16
70-578
1
High Density Foam Plyo Set of 5
Color: Royal
Each
$1,614.15
$1,614.15
Sub Total:
Shipping, Handling & Processing:
* Estimated Tax Total:
Order Total:
$1,996.41
$339.39
$0.00
$2,335.80
* Tax Total is an estimate. Complete amount due for this purchase will be reflected on your invoice.
Agenda Information Memo
July 5, 2016 Eagan City Council Meeting
CONSENT AGENDA
F. Approve in-kind partnership with Art Works Eagan on a Metropolitan Regional
Arts Council grant application
Action To Be Considered:
Approve the city's participation as a partner, providing in kind support and promotional
marketing for programs associated with a 2016/2017 grant being applied for by
ArtWorks Eagan.
Facts:
➢ The Eagan Forward initiative has highlighted the importance of creating
partnerships through different community groups for the benefit and future of
the city.
➢ ArtWorks Eagan has identified a $10,000 grant that they will be applying for with
the Minnesota Regional Arts Council (MRAC) to teach a series of six art programs
for the Eagan community at no charge to participants.
➢ Several of the classes are proposed to be held in the Eagan Community Center
with the City of Eagan providing this space as an in-kind support towards the
partnership and to strengthen the grant application.
➢ All programs will be cross promoted with different marketing efforts by the
nonprofit association as well as the City of Eagan.
➢ No financial matching dollars are being requested of the City.
➢ This partnership helps grow future collaboration for providing art related
programs to the community.
Attachments: (0)
Agenda Information Memo
July 5, 2016 Eagan City Council Meeting
CONSENT AGENDA
G. Donald Avenue
Parking Prohibition
Action To Be Considered:
Approve the prohibition of parking on the east side of Donald Avenue (Yankee Doodle
Road to 150 feet north of Yankee Doodle Road) and authorize the Mayor and City Clerk
to execute all related documents.
Facts:
➢ On June 15, 2016, a petition was received from Chad Deegan, a representative of
the Minnesota Valley Transit Authority (MVTA), requesting a "no -parking"
designation on the east side of Donald Avenue (Yankee Doodle Road to 150 feet
north).
➢ The petitioner's stated purpose of the "no -parking" request is to prohibit parking
on this portion of the east side of Donald Avenue, to provide for safer and more
convenient MVTA Transit bus stop pickup and drop-off.
➢ A letter was sent to the property owners and occupants of properties along both
sides of Donald Avenue, from Yankee Doodle Road to Donald Court, informing
them of the proposed parking restrictions and the City Council's consideration at
the July 5, 2016, Council meeting.
➢ No objections to the petition have been received to date.
➢ The proposed parking restriction has been reviewed by the Public Works
Department and found to be in order for favorable Council action.
Attachments (2)
CG -1 Notice Letter
CG -2 Resolution
City of Eapn
Mike Maguire
Mayor
Paul Bakken
Cyndee Fields
Gary Hansen
Meg Tilley
Council Members
Dave Osberg
City Administrator
Municipal Center
3830 Pilot Knob Road
Eagan, MN 55122-1810
651.675.5000 phone
651.675.5012 fax
651.454.8535 TDD
Maintenance Facility
3501 Coachman Point
Eagan, MN 55122
651.675.5300 phone
651.675.5360 fax
651.454.8535 TDD
www,cityofeagan.com
The Lone Oak Tree
The symbol of
strength and growth
in our community.
June 16, 2016
Re: Donald Avenue — Proposed Parking Restrictions
Dear Property Owner:
The City of Eagan has received a petition from MN Valley Transit Authority
(MVTA Transit) and will be considering parking restrictions on the east side of
Donald Avenue (from Yankee Doodle Road to approximately 150 feet north of
Yankee Doodle Road), at the July 5, 2016, Council meeting. The meeting begins
at 6:30 pm in the Council Chambers located in the Municipal Building at 3830
Pilot Knob Road, Eagan, MN.
The petitioners' stated purpose of the no -parking request is to prohibit parking
on the east side of Donald Avenue (from Yankee Doodle Road to approximately
150 feet north of Yankee Doodle Road), to provide for safer and more
convenient MVTA Transit bus stop pickup and dropoff. Please see the photo of
the area requested for no -parking on the reverse side of this letter.
On July 5, the City Council will consider this restriction of parking on Donald
Avenue. You are welcome to attend the Council meeting to provide input.
Please contact me with any questions by e-mail at igorder@citvofeaean.com or
by telephone at 651-675-5646.
Sincerely,
John Gorder, P.E.
City Engineer
C: Dave Osberg, City Administrator
Jim McDonald, Police Chief
Russ Matthys, Public Works Director
Chad Deegan, MN Valley Transit Authority
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CITY OF EAGAN
A RESOLUTION RELATING TO PARKING RESTRICTIONS
ON
DONALD AVENUE
THIS RESOLUTION, passed this 5th day of July, 2016, by the City of Eagan in Dakota
County, Minnesota. The Municipal corporation shall hereinafter be called the "City."
WITNESSETH:
WHEREAS, it is desirable for the City to restrict parking on some public streets to allow
for the utilization of the available street width, as needed, by transit vehicles.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Eagan shall
prohibit parking of motor vehicles on the east side of Donald Avenue, from Yankee Doodle
Road to 150 feet north of Yankee Doodle Road.
DATED this 5th day of July, 2016
Mike Maguire, Mayor
ATTEST:
Christina M. Scipioni, City Clerk
Cal 4 all 919141_i9IQ0
State of Minnesota
County of Dakota
City of Eagan
I hereby certify that the foregoing Resolution is a true and correct copy of a Resolution
presented to and adopted by the City Council of Eagan at a duly authorized meeting thereof
held in the City of Eagan, Minnesota, on the 51h day of July, 2016, as disclosed by the records of
said City in my possession.
Christina M. Scipioni, City Clerk
Agenda Information Memo
July 5, 2016 Eagan City Council Meeting
.�e7►b14►kWTc►R1
H. Project 1095, Pilot Knob Road
Parking Lot Setback Variances — 3386 & 3390 Pilot Knob Road
Action To Be Considered:
Schedule a public hearing to be held on July 19, 2016, to consider variances to parking lot
setbacks for 3386 and 3390 Pilot Knob Road associated with Pilot Knob Road Corridor
improvements (County Project 31-76/ City Project 1095).
Facts:
➢ The Dakota County Transportation Department is the lead agency for County Project 31-
76 (City Project 1095) providing for the widening and upgrade of Pilot Knob Road/ CSAH
31, from Yankee Doodle Road to Central Parkway, including the replacement of traffic
signals at both intersections.
➢ Public right-of-way or easements were acquired as part of the project to accommodate
roadway widening and trail relocation.
➢ As this construction occurs within developed areas of the City, the right-of-way and
easement acquisition from two of the adjacent properties resulted in non-conformance
in the required setbacks of parking for each property.
➢ The need for parking setback variances is being created by the construction for two
parcels, 3386 Pilot Knob Road and 3390 Pilot Knob Road.
➢ The consideration of such setback variances by the City Council requires that a Public
Hearing be held to review and discuss the proposed variances.
➢ Notices for a public hearing will be published in the legal newspaper and sent to all
potentially affected and/or interested parties for comment prior to the public hearing.
Attachments (0)
Agenda Information Memo
July 5, 2016 Eagan City Council Meeting
CONSENT AGENDA
I. TH 55 & Beverly Drive
Construction/ Maintenance/ Release Agreement
Action To Be Considered:
Approve the Construction, Maintenance & Release Agreement with the Minnesota Department
of Transportation (MnDOT) and the Dakota County Transportation Department for the
extension of Beverly Drive within MnDOT right-of-way in the City. of Eagan, and authorize the
Mayor and City Clerk to execute all related documents.
Facts:
➢ Under terms of a City building permit, Dart Transit is constructing an office/ warehouse
facility at 2841 Beverly Drive. The extension of Beverly Drive, a City street within
Highway 55 right-of-way, adjacent to the development, is required to provide access to
the office/warehouse facility. This street extension is also consistent with
recommendations made in the Highway 55 Access Management Plan, approved by
MnDOT and the City Council in 1999.
➢ The agreement between MnDOT and the City provides for the construction of Beverly
Drive, a frontage road along Highway 55 in northeast Eagan, by the City (under terms of
a building permit and separate construction agreement with Dart Transit) and the long-
term maintenance of Beverly Drive.
➢ The agreement has been reviewed by the City Attorney and Public Works Department
and was found to be similar to other construction, maintenance & release agreements
with MnDOT, and in order for favorable Council action.
Attachments (1)
CI -1 Resolution
CITY OF EAGAN
A RESOLUTION RELATING TO THE EXTENSION
OF
BEVERLY DRIVE
THIS RESOLUTION, passed this 5th day of July, 2016, by the City of Eagan in Dakota County,
Minnesota. The Municipal corporation shall hereinafter be called the "City."
WHEREAS, the extension of Beverly Drive, a City street within Highway 55 right-of-way, is
required to provide access to an office/warehouse facility at 2841 Beverly Drive; and
WHEREAS, this street extension is consistent with recommendations made in the Highway
55 Access Management Plan, approved by MnDOT and the City Council in 1999; and
WHEREAS, an agreement between MnDOT and the City provides for the construction of
Beverly Drive, a frontage road along Highway 55 in northeast Eagan, by the City (under terms of a
building permit and separate construction agreement with the adjacent property owner), as well
as the long-term maintenance of Beverly Drive.
NOW THEREFORE BE IT RESOLVED that the City enter into MnDOT Agreement No.
1025882 with the State of Minnesota, Department of Transportation for the following purposes:
To provide for maintenance and for the release of a portion of the exiting Beverly
Drive frontage road extension along the south side of Trunk Highway No. 55, from Blue
Water Road to Dodd Road, after the reconstruction of the existing Beverly Drive
frontage road extension and the construction of new Beverly Drive, according to the
jurisdiction of the City within the corporate City limits under Project No. 14-1472
("Project").
IT IS FURTHER RESOLVED that he Mayor and the City Clerk are authorized to execute the
Agreement and any amendments to the Agreement.
DATED this 5th day of July, 2016
ATTEST:
Mike Maguire, Mayor
Christina M. Scipioni, City Clerk
144AI19[111111 ILII
I certify that the above resolution is an accurate copy of the Resolution adopted by the Council of
the City of Eagan at an authorized meeting held on the 5th day of July, 2016, as shown by the
minutes of the meeting in my possession.
Subscribed and sworn to before me this 5tn day
of July, 2016
Notary Public
My Commission Expires
(Signature)
(Type or Print Name)
(Title)
Agenda Information Memo
July 5, 2016 Eagan City Council Meeting
CONSENT AGENDA
J. Project 1213, TH 77 & Diff ley Road (CSAH 30)
Traffic Control Signals Agreement
Action To Be Considered:
Approve the Joint Powers Agreement with the Minnesota Department of Transportation
(MnDOT) and the Dakota County Transportation Department for Project 1213 (TH 77 and
Diffley Road — East and West Ramps Traffic Control Signals) within County right-of-way in the
City of Eagan and authorize the Mayor and City Clerk to execute all related documents.
Facts:
➢ The improvements under this agreement between MnDOT, the Dakota County
Transportation Department and the City provide for the removal and installation of two
new traffic control signals, including emergency vehicle preemptions and corridor signal
interconnection, at TH 77 and Diff ley Road (CSAH 30).
➢ The proposed improvements will result in upgraded and coordinated traffic control
signals, which can play an important role in easing traffic congestion. The purpose of
coordinated traffic control signals is to design a corridor or system wide method to
minimize the operational delay of vehicles. The associated benefits include safety
enhancement, energy savings, and pollution reduction.
➢ The State and County will share construction responsibilities and will jointly participate
in project costs associated with engineering, installation of fiber cable and monitoring
equipment, traffic signal revisions, and related activities. There are no City costs
associated with the construction of this project, however the City will share cost
responsibilities for the long term power, operation and maintenance of the new signal
systems, EVP systems and corridor interconnection.
➢ The agreement has been reviewed by the Public Works Department and was found to
be similar to other cooperative construction agreements with MnDOT and Dakota
County, and in order for favorable Council action.
Attachments (1)
CJ -1 Resolution
CITY OF EAGAN
A RESOLUTION RELATING TO
TRAFFIC CONTROL SIGNALS & EVP
ON TH 77 AT CSAH NO. 30 (DIFFLEY ROAD)
THIS RESOLUTION, passed this 5th day of July, 2016, by the City of Eagan in Dakota County,
Minnesota. The Municipal corporation shall hereinafter be called the "City."
WHEREAS, MnDOT, the Dakota County Transportation Department and the City concur
with the need for the removal and installation of two new traffic control signals, including
emergency vehicle preemptions and corridor signal interconnection, at TH 77 and Diffley Road
(CSAH 30); and
WHEREAS, the proposed improvements would result in upgraded and coordinated traffic
control signals, which can play an important role in easing traffic congestion by minimizing the
operational delay of vehicles, as well as provide safety enhancement, energy savings, and pollution
reduction; and
WHEREAS, an agreement between MnDOT, Dakota County and the City provides that
MnDOT and Dakota County will share construction responsibilities and will jointly participate in
said project costs associated with engineering, installation of fiber cable and monitoring
equipment, traffic signal revisions, and related activities.
NOW THEREFORE BE IT RESOLVED that the City enter into MnDOT Agreement No.
1025911 with Dakota County and the State of Minnesota, Department of Transportation for the
following purposes:
To participate in the power, operation and maintenance of the new Signal Systems,
EVP Systems and Interconnect on Trunk Highway No. 77 at County State Aid Highway
No. 30 (Diffley Road) West Ramps and on Trunk Highway No. 77 at County State Aid
Highway No. 30 (Diffley Road) East Ramps within the corporate City limits under State
Project No. 1925-43.
IT IS FURTHER RESOLVED that he Mayor and the City Clerk are authorized to execute the
Agreement and any amendments to the Agreement.
DATED this 5th day of July, 2016
ATTEST:
Mike Maguire, Mayor
Christina M. Scipioni, City Clerk
CERTIFICATION
I certify that the above resolution is an accurate copy of the Resolution adopted by the Council of
the City of Eagan at an authorized meeting held on the 5t" day of July, 2016, as shown by the
minutes of the meeting in my possession.
Subscribed and sworn to before me this 5t" day
of July, 2016
Notary Public
My Commission Expires
(Signature)
(Type or Print Name)
(Title)
Agenda Information Memo
July 5, 2016 Eagan City Council Meeting
CONSENT AGENDA
K. Water Quality Cost -Share Partnership Program
Mount Calvary Lutheran Church
Action To Be Considered:
Approve a Cost Share, Operation and Maintenance Agreement with Mount Calvary Lutheran
Church (3920 Rahn Road) to help implement a Parking Lot Bioretention Project through the Water
Quality Cost -Share Partnership Program and authorize the Mayor and City Clerk to execute all
related documents.
Facts:
➢ On December 4, 2012, the City Council approved a Water Quality Cost -Share Partnership
Program (Program), the purposes of which are to: 1) improve water quality in downstream
public waterbodies; 2) reduce stormwater runoff into the storm sewer system and public
waterbodies; 3) preserve, protect and enhance native plant communities around public
waterbodies; and 4) educate and engage the public on the value of improving public water
resources, and to develop empowerment and partnership opportunities.
➢ The Program is funded from the stormwater utility fund and is being administered by
Water Resources staff according to City Council priorities as designated in approved capital
improvement programs, lake management plans, and development agreements. The
Program is provided up to $50,000 annually in the 2016-2020 Public Works Department's
Capital Improvement Program.
➢ Mount Calvary Lutheran Church will engage a contractor to construct a bioretention basin
and associated stormwater infrastructure to intercept, filter, and infiltrate stormwater
runoff (including sediment and phosphorus) from approximately 1.3 acres of the church
site.
➢ Church volunteers will plant native perennials and shrubs within the basin. The church will
be responsible for future maintenance of the site, with guidance from the Dakota County
Soil & Water Conservation District (DCSWCD). The church will also conduct programs to
educate its congregation about watershed and water quality stewardship at the church
grounds and at home.
➢ The project should be substantially completed by the end of 2016 at a total estimated cost
of $29,498.25. An estimated cost -share of $12,000.00 from the City will be matched by
approximately $2,500.00 of church funding and approximately $14,998.25 of funding from
the DCSWCD.
Attachments (1)
CK -1 Cost -Share, Operation and Maintenance Agreement
CITY OF EAGAN WATER QUALITY COST SHARE PARTNERSHIP PROGRAM
COST SHARE, OPERATION AND MAINTENANCE AGREEMENT
This Agreement is made by and between Mount Calvary Lutheran Church, Eagan
Township, a Minnesota non-profit corporation (the "Owner") and the City of Eagan, a Minnesota
municipal corporation (the "City") (collectively the "Parties").
WHEREAS, the Owner is the fee title holder of real property located at 3930 Rahn Road,
Eagan, Minnesota, and legally described as follows:
Lot 1, Block 1, Mount Calvary Addition, Dakota County, Minnesota
(the "Property");
WHEREAS, the Owner desires to perform a water quality improvement project (the
"Project") to install PARKING LOT BIORETENTION BASIN (the "Improvements") as
depicted on the Site Plan and Specifications attached hereto as Exhibit A and incorporated
herein and in accordance with the itemized cost estimate set forth in Exhibit B attached hereto
and incorporated herein (Exhibits A & B are collectively referred to as the "Plans and
Specifications");
WHEREAS, the Owner has submitted an application for assistance with the Project under
the City's Water Quality Cost Share Partnership Program (the "Program");
WHEREAS, the City finds that the Project will serve a public purpose by supporting one
or more of the following public water resource priorities:
a. improving water quality in downstream public waters;
b. reducing stormwater runoff into the public storm -sewer system and public waters;
c. preserving, protecting and enhancing native plant communities around public waters; and
d. educating and engaging the public on the value of improving public water resources, and
empowerment and partnership opportunities;
WHEREAS, the City finds that the Owner and the proposed Project meet the eligibility
requirements for participation in the Program; and
WHEREAS, the City agrees to provide the Owner with certain financial and technical
assistance for the Project through the Program, subject to the teens and conditions hereinafter set
forth;
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and
obligations of the Parties hereinafter set forth, the Parties agree as follows:
1. Plans and Specifications.
a. Owner Responsibility. The Owner shall be responsible for development of the
plans/design, specifications and itemized cost estimate for the Improvements (the
"Plans and Specifications").
b. City Review. The Owner shall submit the Plans and Specifications to the City for
review and written approval by the City Engineer or his designee prior to
installation of the hnprovements. Notwithstanding the foregoing, the Owner shall
be solely responsible to determine the adequacy of the Plans and Specifications
and to comply with all applicable laws and regulations, and the City shall have no
liability for the Plans and Specifications or the Improvements.
c. Modification of Plans and Specifications. Any modification to the approved Plans
and Specifications must be approved in writing by the City Engineer or his
designee.
2. Installation.
a. Standards. The Improvements shall be installed in accordance with the approved
Plans and Specifications.
b. Labor and Materials. The Owner shall select, obtain and pay for all labor and
materials for the Project, consistent with the Plans and Specifications, subject to
partial reimbursement as provided in this Agreement.
c. Photographs. The Owner shall take photographs to document the Project.
d. Time for Completion. The Project must be completed within one year from the
date of execution of this Agreement, unless an extension has been requested and
granted by amendment of this Agreement.
e. Report. Within 30 days after completion of the Project, the Owner shall submit to
the City Engineer or his designee a project completion report in a form required
by the City (including supporting photographs).
VJ-
3. Reimbursement.
a. Reimbursement Request. As the Improvements are completed and approved by
the City Engineer or his designee, the Owner shall submit to the City Engineer or
his designee a written request for reimbursement including (i) a detailed
itemization of costs, (ii) original receipts or paid invoices and (iii) itemization and
documentation of the Owner Match as defined below (collectively the
"Reimbursement Request").
b. Reimbursement Amount. The City shall reimburse the Owner pursuant to the
Reimbursement Request for up to $12,000.00 for eligible project costs, and not to
exceed seventy-five percent (75 %) of total Project costs.
c. Reimbursement Schedule. The City shall issue reimbursement to the Owner
within thirty (30) days of receipt of a completed Reimbursement Request.
d. Eligible Costs. All Project costs will be reviewed and verified by the City
Engineer or his designee as eligible, practical and reasonable, and in consultation
with the Dakota County Soil & Water Conservation District. The City reserves
the right to make adjustments to the Project costs submitted for reimbursement
based on this review. Subject to the foregoing, the following Project costs are
eligible for reimbursement:
i. Materials for the Improvements.
ii. Contracted labor costs for installation and establishment period (maximum
of 2 year period post -installation) of the Improvements.
iii. Contracted design / engineering fees, and soil -analysis, but only if
approved in writing by the City Engineer or his designee before contracted
design / engineering / soil -analysis work begins.
e. Ineligible Expenses.
i. Notwithstanding any provision of this Agreement to the contrary, purely
aesthetic components of the Improvements are not eligible for
reimbursement and shall not be considered part of the Project costs.
ii. Funding will only cover work performed after this Agreement has been
signed, with the exception of pre -project planning / design / engineering
costs that may be allowed to be included, determined on a case-by-case
basis, if pre -approved in, writing by the City Engineer or his designee.
iii. Work that has been, or will be, reimbursed from another cost -share
program (e.g. Dakota County Soil & Water Conservation District Cost -
Share Program).
f. Owner Match.
i. The Owner shall be responsible for a minimum of twenty-five percent
(25 %) of Project costs, which can include in-kind labor value.
4. Maintenance.
a. Maintenance Obli ag_tipn. For a period of ten (10) years commencing on the date
the Improvements are completed and approved by the City Engineer or his
designee, the Owner shall maintain and repair, when necessary, the Improvements
in accordance with the Plans and Specifications.
b. Maintenance Costs, The Owner shall be solely responsible for all costs associated
with long-term maintenance and repairs of the Improvements.
5. Inspections and Reports.
a. Annual Inspections. The Improvements shall be inspected annually, between
May 15 and October 15, by a Qualified Person selected by the Owner to
determine whether or not the Improvements are functioning in accordance with
the Plans, Specifications and this Agreement. As used in this Agreement, the
term "Qualified Person" shall mean a person acceptable to the City Engineer
based on stormwater best management practice training and experience. The
Owner's responsibilities under this Section shall be at the Owner's sole cost and
expense. If, as a result of the inspection, the Improvements are determined not to
be functioning in accordance with the Specifications and this Agreement, the
Owner shall restore/repair the Improvements to function as specified herein.
b. City Notification and Independent Inspection. The City shall be notified at least
24 hours prior to the annual inspections or any significant maintenance of the
Improvements and, at the sole cost of the City, a representative of the City may
observe any inspection or maintenance. The City shall have right of entry onto
the Property to inspect the Improvements at any time to evaluate the installation
and maintenance of the Improvements.
c. Inspection and Maintenance Report. The owner shall submit a report to the City
Engineer or his designee by e-mail or mail, no later than thirty (30) days after any
annual inspection and/or maintenance of the Improvements, providing the
following information:
i. Date and time of inspection.
ii. Log of findings.
iii. Date and time of maintenance.
iv. Details of maintenance performed.
v. Photographic documentation.
6. Standards for Performance. Any act of construction, installation, maintenance, or
repair to be performed under this Agreement shall be performed in a good and
workmanlike manner pursuant to sound engineering practices and in compliance with all
applicable governmental requirements.
M
7. Right of Entry. The City, its agents and employees shall have the right to enter the
property to inspect and to implement the terms of this Agreement. The City, its agents and
employees shall not be subject to or liable for any claims of trespass in connection with such
entry.
8. Indemnification. The Owner shall indemnify and hold the City and its City Council
members, officers, employees, agents, representatives, attorneys, successors and assigns,
harmless from any and all claims arising out of or related to (i) the installation, use,
maintenance, repair, removal, damage or destruction of the Improvements, (ii) injury to
the Owner or any third party caused by or related to the Improvements, and (iii) damage
to real property or personal property of the Owner or any third party caused by or related
to the Improvements.
9. Amendment, Release or Termination. Notwithstanding anything herein to the
contrary, no amendment, release or termination of any of the provisions of this
Agreement shall be effective or may be filed of record unless the City consents to the
amendment, release or termination. Such consent must be evidenced by a resolution duly
approved by the City Council, or successor body. The Owner, on behalf of itself and its
successors and assigns, expressly acknowledges and agrees that the City has no
obligation whatsoever to approve or act upon any proposed amendment, release or
termination, may withhold or delay consent for any reason or no reason whatsoever, and
may condition consent upon such terms as the City deems desirable. The Owner, on
behalf of itself and its successors and assigns, further agrees and covenants, consistent
with this acknowledgment, not to institute any legal proceedings against the City on the
grounds that the City failed to respond appropriately to a proposed amendment, release or
termination and to indemnify the City against any expense, including litigation costs,
which the City incurs as a result of any violation by that party of this covenant. The City
may, at any time, give up the right to approval granted hereunder, said action to be
evidenced by City Council resolution or other format approved by the City Attorney.
10. Remedies for Default,
a. Termination. If the Owner fails to perform the Owner's obligations as and when
required under this Agreement (a "Default"), and fails to cure such Default within
thirty (30) days after the City gives written notice to the Owner specifying the
Default, subject to such extension as may be reasonably necessary due to weather
conditions, then the City may terminate this Agreement by written notice to the
Owner.
b. Repayment. Upon termination of this Agreement, the City Engineer or his
designee shall determine the amount, if any, by which the reimbursement to the
Owner for Project costs under this Agreement exceeded the public benefit
received by the City from the Project (the "Overage"). The Owner shall repay the
Overage to the City within thirty (30) days after receipt of an invoice from the
City describing the calculation and the amount of the Overage. If the Owner fails
5
to timely repay such funds, the Owner shall be responsible for the City's
attorneys' fees and costs enforcing this Agreement, including costs of collection.
c. Force Majeure. Notwithstanding the foregoing, the Owner shall not be liable for
repayment of funds received under this Agreement if the failure was caused by
reasons proven to be beyond the Owner's control.
11. Duration. This Agreement shall constitute a covenant running with the land and shall be
binding upon and inure to the benefit of the Parties, and any and all of their successors
and assigns.
12. Recording Agreement. The City will record this Agreement against the Property with
the Dakota County Recorder's Office within thirty (30) days of full execution of this
Agreement, and shall provide the Owner with verification of this recording.
13. Governing Law; Venue. The laws of the State of Minnesota shall govern the
interpretation, validity, performance, and enforcement of this Agreement. Any dispute
regarding this Agreement shall be venued in the State of Mimiesota District Court in
Dakota County.
Owner (or Representative) Contact Information for Long -Term Inspection/Maintenance:
Mount Calvary Lutheran Church, Eagan Township
Attn: No-bL .e- e l i d CuYA
Telephone: (o I - q,i O - d gt4 q
Email: n-mt-Cal Qo vn
[Signature pages follow]
111
IN WITNESS WHEREOF, the undersigned have executed this Cost Share, Operation
and Maintenance Agreement effective as of the date first listed above.
OWNER:
Mount Calvary Lutheran Church, Eagan Township
a Minnesota non-profit corporation
/f
By: < (sign)
L�Lcjne_ i c(C( (print name)
Its: ryNk n ► Ttya. oy'
CITY:
CITY OF EAGAN,
a Minnesota municipal corporation
By:
Mike Maguire
Its: Mayor
By:
Christina M. Scipioni
Its: Clerk
7
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing was acknowledged before me this 4r day of I
L,ne, 2016, by
the of Mount
Calvary Lutheran Church, Eagan Township, a Minnesota non-profit corporation, on behalf of the
corporation.
If=
QERSEEnn�SotaSTATE OF MINNESOTA ) ion a�, 2oao
ss.
COUNTY OF DAKOTA )
The foregoing was acknowledged before me this day of , 2016, by
4
Mike Maguire and Christina M. Scipioni, the Mayor and Clerk of the City of Eagan, a Minnesota
municipal corporation, on behalf of the municipal corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Dougherty, Molenda, Solfest, Hills & Bauer P.A.
14985 Glazier Avenue, Suite 525
Apple Valley, MN 55124
(952) 432-3136
(RBB: 0206-4768)
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Agenda Information Memo
July 5, 2016 Eagan City Council Meeting
Consent Agenda Item
L. Approve the Extension of the Purchase Agreement with GLG Properties ("Gertens") for the
sale of Outlot I, Gopher Industrial Park 2nd Addition and direct the Advisory Planning
Commission to review the Conveyance as to Compliance with the City's Comprehensive
Plan
Actions to Be Considered:
Approve the Extension of the Purchase Agreement with GLG Properties ("Gertens") for the sale of
Outlot I, Gopher Industrial Park 2nd Addition and to direct the Advisory Planning Commission to review
the conveyance as to compliance with the City's Comprehensive Plan.
Facts:
➢ The City owns approximately 12.41 acres of vacant property located just north and west of the
intersection of Yankee Doodle Road and Elrene Road, known as Outlot I, Gopher Eagan
Industrial Park 2nd Addition.
➢ The City acquired this property as a result of a 2 -step process. Initially, the City acquired three
parcels of land which were owned by the State of Minnesota, due to tax forfeiture. The City's
acquisition complied with State law regarding the disposal of tax forfeiting properties. In
consideration of an agreement to use the parcels solely for park and open space purposes, the
City was able to acquire the parcels at no cost.
➢ The 2nd step in its acquisition involved the need for special legislation. Under Minnesota law, the
failure by the City to use the parcels for which they were acquired, in this case, park and open
space, would cause the ownership of the properties to revert to the State. Gopher Smelting was
interested in acquiring a portion of the tax forfeited properties and was willing to convey land
contiguous to the tax forfeited properties to the City in an exchange. Special legislation
authorized the City to convey a portion of the tax forfeited property to Gopher Smelting on the
conditions the land Gopher Smelting conveyed to the City be burdened by the same public park
or open space requirement.
➢ Subsequent Special Legislation also granted the City authority to use the land as a co -location
telecommunication facility, in addition to continued use for public park or open space.
➢ Under State Law City could request removal of the use restrictions from the Dakota County
Board, which oversees the tax forfeited lands in the County. Should the County Board agree to
remove the restrictions, an appraisal of Outlot I would be required to determine its fair market
value. Upon payment of the market value for Outlot I, as determined by the County Board, the
State would release the restrictions on use.
➢ The City was approached by Gerten's to consider the sale of Outlot I for its use as a yard waste,
eco site, to ensure the continued operation of their facility, which is currently located to the east
of the parcel owned by the City.
➢ At its meeting on February 2, 2016 the City Council approved a Resolution to Request County
Approval to remove the use restrictions on Oulot I, Gopher Eagan Industrial Park 2nd Addition,
and approved a Memorandum of Understanding to negotiate the sale of the property to GLG
Properties ("Gerten's").
➢ On April 5, The Dakota County Board of Commissioners approved the release of the use
restrictions and set the Appraised Market Value at $784,000.
➢ The City attorney has prepared a purchase agreement, which has been signed by GLG
Properties, that provides for the conveyance of Outlot 1. GLG is responsible for all costs to
obtain title to the property (including payment to the County) in exchange for an agreement to
keep the property available for public use as a yard waste, eco -site for ten years.
➢ The purchase by GLG Properties is conditioned upon the City undertaking to amend its current
land use regulations to allow a yard waste, eco -site to be conducted upon Outlot I as a
conditional use. Amendments will be required to the City's Comprehensive Guide Plan and
zoning ordinance.
Attachments: (2)
CL -1 Location Map
CL -2 Purchase Agreement
AMENDMENT TO PURCHASE AGREEMENT
THIS AMENDMENT TO PURCHASE AGREEMENT ("Amendment") is made
effective as of July , 2016 by and between the City of Eagan, a Minnesota municipal
corporation (the ".Seller") and GLG Properties, a general partnership under the laws of the State
of .Minnesota (the `Buyer"). The Seller and the Buyer are referred to herein collectively as the
"Parties."
RECITALS:
WHEREAS, the .Parties entered into that certain .Purchase Agreement dated May 3, 2016
(hereinafter the "Agreement"); and
WHEREAS, the Parties have agreed to amend the Closing Date of "on or before July 15,
2016" by amending Paragraph 1.2 of the Agreement to state and read "on or before October 1,
2016".
NOW, THEREFORE, in consideration of the foregoing and other .good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as
follows:
1. Paragraph 1.2 is hereby amended to read as follows:
The balance of the Purchase price, subject to prorations and adjustments
set forth in this Agreement, on or before October 1, 2016 (the "Closing
Date") by wire transfer of immediately available funds,
Seller and Buyer have executed this Amendment as of the date set forth above.
SELLER:
City of Eagan
By:
Mike Maguire
Its: Mayor
By:
Christina M. Scipioni
Its: City Clerk
BUYER:
GLG Properties
By: Z",Z� lwvl��44
Ano Pitera
Its: General Partner
Agenda Information Memo
July 5, 2016 Eagan City Council Meeting
CONSENT AGENDA
M. Approve Energy and Environment Advisory Commission recommendation for a
City resolution supporting pollinator friendly environments per the Energy and
Environment Advisory Commission 2015/2016 Work Plan
Accept the resolution drafted and supported by the Energy and Environment Advisory
Commission for pollinator friendly environmental care and support.
Facts:
➢ The EEAC puts together a work plan each year and works with the City Council to
identify goals for the commission to accomplish. In 2015/2016 goal #3 section a.
states, provide available information for residents concerning ecologically sound
landscaping that conserves water and supports bees.
➢ Research was done with other cities, as well as with City of Eagan staff to identify
additional ways to create more friendly environments to help pollinators to
thrive in Eagan open spaces.
➢ Limited or no Neonictinoid use is a common strategy for cities to implement to
prevent accidental killing of pollinator insects. Encouraging additional bees
within the open spaces and planting pollinator friendly plants in open spaces (ie
milkweed) are also encouraged through the resolution.
➢ The approval of this resolution is consistent with our bee keeping at Holz Farm
Park and with our tree preservation policy that addresses EAB in Ash trees.
Attachments: (1)
CM -1 Resolution from EEAC
CITY OF EAGAN
RESOLUTION
TO APPROVE RECOMMENDATION BY ENERGY AND ENVIRONMENT ADVISORY
COMMISSION REGARDING POLLINATOR FRIENDLY ENVIRONMENTS
WHEREAS, bees and other pollinators are integral parts to a wide diversity of essential food
production; and
WHEREAS, native and honey bees are being threatened due to habitat loss, pesticide use,
pathogens and parasites; and
WHEREAS, research indicates use of Neonicotinoids, which are synthetic chemical insecticides
similar in structure to nicotine, causes die off of plant pollinators, including bees, butterflies, moths and
other insects; and
WHEREAS, the Eagan City Council finds it in the public interest to demonstrate its commitment
to a safe and healthy community environment through the implementation of pest management practices
in maintenances of the city parks, open spaces and property.
NOW, THEREFORE, BE IT RESOLVED that the City of Eagan shall understake its best efforts
to become a pollinator friendly city by undertaking best management practices in the use of plantings and
pesticides in all public spaces within the city.
RESOLVED FURTHER, that with the exceptions of the treatment of ash trees for emerald ash
borer, the city shall refrain from the use of pesticides from the neonicotinoid family on city property.
RESOLVED FURTHER, that the city shall undertake its best efforts to plant flowers favorable to
bees and other pollinators in the city's public spaces, with a preference for native species in native spaces.
Motion made by:
Seconded by:
Those in favor:
Those against:
Dated: 7-5-16
CITY OF EAGAN
CITY COUNCIL
By:
Mayor
Attest:
City Clerk
CERTIFICATION
I, Christina M. Scipioni, City Clerk for the City of Eagan, Dakota County, Minnesota, do hereby
certify that the foregoing resolution was duly passed and adopted by the City Council of the City of
Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled the 5t'' day of July, 2016.
City Clerk
Agenda Information Memo
July 5, 2016, Eagan City Council Meeting
NEW BUSINESS
A. Conditional Use Permit – 3803 Blackhawk Ridge Place
Action To Be Considered:
To approve (or direct preparation of Findings of Fact for Denial) a Conditional Use Permit to
exceed 25% impervious surface coverage in a Shoreland Overlay District on a residential lot
located at 3803 Blackhawk Ridge Place, subject to the conditions listed in the APC minutes.
Required Vote For Approval:
Majority of Councilmembers present
Facts:
The applicant is proposing to construct an in-ground pool and pool deck on a single-
family lot within the Shoreland Overlay District of Blackhawk. Blackhawk is classified is
Eagan’s third highest priority lake.
Shoreland zoning limits impervious coverage to a maximum of 25% of the lot size. The
ordinance allows for impervious coverage above that amount with a Conditional Use
Permit.
Existing impervious coverage is 21.5%. With the proposed swimming pool installation,
the impervious coverage would be increased to 25.7%.
The Applicant proposes to remove a 205 s.f. of existing concrete patio, partially
offsetting the net increase in impervious coverage. A rain garden is proposed to capture
and infiltrate runoff from the excess impervious coverage over 25% (approx. 140 s.f.).
As proposed and designed, the mitigative rain garden should capture 100% of the runoff
from a 1% or 100-year, 24-hour, 7.47” rainfall event.
If installed and maintained correctly, the rain garden will sufficiently offset the excess
impervious area. The landowner should enter into a long-term stormwater
maintenance agreement with the City, in a form acceptable to the City Attorney.
The Advisory Planning Commission held a public hearing on the proposal at their June
28, 2016 meeting, and did recommend approval.
Issues: None
60-Day Agency Action Deadline: July 30, 2016
Attachments: (4)
NBA-1 Location Map
NBA-2 Draft June 28, 2016, APC Meeting Minutes
NBA-3 Planning Report
NBA-4 Report Exhibits
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Advisory Planning Commission
June 28, 2016
Page 17 of 22
C. 3803 Blackhawk Ridge Place
Applicant Name: Jeff Dierberger, Homeowner
Location: 3803 Blackhawk Ridge Place; Lot 19, Block 2, Blackhawk Ridge 2nd Addition
Application: Conditional Use Permit
A Conditional Use Permit to exceed 25% impervious surface coverage in a Shoreland Overlay
District.
File Number: 21 -CU -06-05-16
Planner Dudziak introduced this item and highlighted the information presented in the City Staff
report dated June 21, 2016.
Chair Filipi opened the public hearing.
Member Piper questioned the nature of the $1,000 escrow for the rain garden and
whethercondition #3 regarding phosphorous levels to the downstream waterbody had been
met.
Assistant City Engineer Nelson responded the escrow is for the costs of inspection during the
rain garden installation, and that yes, condition #3 had been met.
There being no further public comment, Chair Filipi closed the public hearing and turned the
discussion back to the Commission.
Member Sagstatter moved, Member Piper seconded a motion to recommend approval of a
Conditional Use Permit to exceed 25% impervious surface coverage in a Shoreland Overlay
District for an in -ground swimming pool and pool deck, subject to the following conditions:
1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval
by the City Council with the following exhibit:
Site Plan received May 31, 2016
2. The impervious surface of this lot shall not exceed 25.7% (4,969 square feet) per the Site
Plan dated May 31, 2016.
3. Prior to the release of the Conditional Use Permit for recording, the applicant shall provide a
$1,000 escrow deposit for inspection of the rain garden installation.
4. The proposed rain garden/infiltration basin shall be designed and constructed to effectively
capture, retain and infiltrate 100% of the impervious runoff from the excess impervious
surface total from a 1%, 24-hour, 7.47" rainfall event .
Advisory Planning Commission
June 28, 2016
Page 18 of 22
5. The proposed rain garden/infiltration basin shall be designed and installed according to the
guidelines of the Minnesota Stormwater Manual and the City of Eagan Engineering
Standards Manual, and shall be constructed so that basin has stable side slopes and that
temporary ponded runoff has infiltrated below the surface within 48 hours after the end of
any rain event.
6. The proposed rain garden/infiltration basin shall be designed to safely overflow to the front
yard of the residence and shall not discharge into neighboring properties.
7. Prior to release of the Conditional Use Permit for recording, the rOwner shall provide a
detailed landscape plan for the proposed rain garden/infiltration basin that provides plant
quantities and plant spacing that will ensure 80% plant coverage by the end of year 2 after
planting.
8. Mitigative stormwater designs shall be reviewed and accepted by the City Engineering
Division and the installation shall be inspected by City staff at the time of installation.
9. The Owner shall enter into a long-term stormwater facility inspection and maintenance
agreement with the City of Eagan, in a form acceptable to the City Attorney, to be filed in the
property records with the Dakota County Recorder's Office at the Owner's expense.
10. As -built drawings and capture volume measurements shall be provided to the City that verify
minimum storage volume requirement is being met.
11. The Owner shall discharge water from the pool (including filter backwash) in a form and
manner acceptable to the Water Resources Manager.
All voted in favor. Motion carried 7-0..
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: June 21, 2016
APPLICANT: Jeff Dierberger
PROPERTY OWNER: Jeff Dierberger
REQUEST: Conditional Use Permit
LOCATION: 3803 Blackhawk Ridge Pl.
COMPREHENSIVE PLAN: LD, Low Density
ZONING: PD, Planned Development
SUMMARY OF REQUEST
CASE: 21 -CU -06-05-16
HEARING DATE: June 28, 2016
APPLICATION DATE: March 30, 2016
PREPARED BY: Pam Dudziak
The applicant is requesting approval of a Conditional Use Permit to exceed 25% impervious
surface coverage in a Shoreland Overlay District for an in -ground swimming pool and pool deck
on a residential lot located at 3803 Blackhawk Ridge Place, legally described as Lot 19, Block 2,
Blackhawk Ridge 2nd Addition.
AUTHORITY FOR REVIEW
City Code Chapter 11, Section 11.5 0, Subdivisions 4C and 4D provide the following.
Subdivision 4C states that the Planning Commission shall recommend a conditional use permit
and the Council shall issue such conditional use permits only if it finds that such use at the
proposed location:
Will not be detrimental to or endanger the public health, safety, or general welfare of the
neighborhood or the City.
2. Will be harmonious with the general and applicable specific objectives of the
Comprehensive Plan and City Code provisions.
3. Will be designed, constructed, operated and maintained so as to be compatible in
appearance with the existing or intended character of the general vicinity and will not
change the essential character of that area, nor substantially diminish or impair property
Planning Report — 3803 Blackhawk Ridge Place
June 28, 2016
Page 2
values within the neighborhood.
4. Will be served adequately by essential public facilities and services, including streets,
police and Bre protection, drainage structures, refuse disposal, water and sewer systems
and schools.
5. Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be hazardous or detrimental to any persons, property or the general
welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors.
6. Will have vehicular ingress and egress to the property which does not create traffic
congestion or interfere with traffic on surrounding public streets.
7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
8. Is appropriate after considering whether the property is in compliance with the City Code.
Subdivision 41), Conditions, states that in reviewing applications of conditional use permits, the
Planning Commission and the Council may attach whatever reasonable conditions they deem
necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value
of other property within the district, and to achieve the goals and objectives of the
Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require
such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in
connection therewith are being and will be complied with.
BACKGROUNDMISTORY
The Blackhawk Ridge 2" a Addition subdivision was platted in 1989. The property is zoned
PD, Planned Development, and is designated for single-family use. The property is located in the
Shoreland Overlay District of Blackhawk Lake, a Recreational Development Lake. Residential
zoning standards limit building coverage to 20%, and in the Shoreland Overlay District,
impervious surface coverage is limited to 25% of the lot area.
EXISTING CONDITIONS
The lot is 19,317 sq. ft. in size and contains a single family home with an attached garage
constructed in 1991. The property is located within the Gun Club watershed, and backs up to
Blackhawk Park. There is a 25' wide conservation easement along the rear property line which
abuts the park. There is a shed in the southeast corner of the lot, and a concrete patio in the rear
yard.
Planning Report — 3803 Blackhawk Ridge Place
June 28, 2016
Page 3
The property is within the Shoreland Overlay District for Blackhawk Lake, which limits the
allowable impervious to 25% of the lot size, which is approximately 4,829 square feet. Currently
the existing building coverage on the lot is 10.1%, and existing impervious coverage
approximately 4,155 square feet or 21.5%.
SURROUNDING USES
With the exception of the Blackhawk Park property to the south, the subject site is surrounded by
single-family residential property, with Planned Development zoning and Low Density land use
designation.
EVALUATION OF REQUEST
Description of Proposal — The applicant proposes to install an in -ground swimming pool. The
proposal includes removal of existing patio, and installation of a rain garden to capture runoff.
The proposed swimming pool results in a net increase in impervious coverage to 25.7%, which
exceeds the Shoreland Zoning Maximum of 25%.
Code Requirements — Eagan City Code (§ 11.65 — Shoreland Overlay District) stipulates that
impervious coverage must not exceed 25% of the lot area within the Shoreland Overlay District.
However, the Code does allow for an increase in the impervious area, provided the City has: 1)
issued a Conditional Use Permit permitting an increase in impervious coverage; 2) approved and
implemented a community -wide stormwater management plan affecting the subject site; and 3)
required the necessary water quality mitigation features to meet non -degradation standards for
phosphorus for the nearest downstream recreational waterbody. In addition, the general CUP
standards listed at the beginning of this report are applicable to the evaluation of this request.
The City's Water Quality & Wetland Management Plan (2007) identifies Blackhawk Lake as
Eagan's third highest priority (along with Thomas Lake) and designates it a Class 2 lake. The
highest management goal of Class 2 lakes is to support fishing, canoeing, and other forms of
indirect -contact recreation. In 2013, the City completed a three-year project partially funded by
the Minnesota Pollution Control Agency through a Clean Water Partnership grant. The project
evaluated lake and watershed conditions and developed a lake protection and management plan,
which is now being implemented.
Minnesota Department of Natural Resources (DNR) — Notice of the proposed CUP was sent to
the DNR. The DNR responded to the notice, and had no comments.
Compatibility with Surrounding Area — The subject site is surrounded by single family residences
and park. The proposed construction of an in -ground pool and pool deck appears compatible
with the surrounding area.
Planning Report — 3803 Blackhawk Ridge Place
June 28, 2016
Page 4
Description of Proposal — The applicant is proposing to install an in -ground swimming pool in
the rear yard. The pool is 18' x 36', with a 3' wide concrete deck around the perimeter and a 3'
wide permeable landscape around that providing 6' between the required 4' fence and the edge of
the pool. A portion of existing concrete patio (205 s.£) will be removed to accommodate the
pool, partially offsetting the net increase in impervious coverage.
The proposal results in an increase of the lot's impervious coverage to a total of 4,969 sq. ft.
(25.7%). This is approximately 140 sq. ft. (0.7%) above the maximum impervious area allowed.
The excess impervious area equates to a volume runoff of 87 cubic feet (651 gallons) of
stormwater from a 100 -year, 24-hour (7.47) rainfall event.
Mitigative Measures — The applicant proposes to mitigate the 140 sq. ft. of impervious surface
that exceeds the 25% allowed in a shoreland overlay district by retaining the equivalent runoff
volume in a proposed infiltration basin (rain garden) to capture 114 cubic feet of stormwater
runoff from an equivalent impervious surface area. The retention volume is based on capture and
infiltration of the equivalent of a 1% storm (7.47 inches in 24 -hours) from the 140 square feet of
impervious coverage limit exceedance.
City of Eagan Water Resources staff has reviewed the applicant's plans, stormwater management
report and modeling provided for stormwater management and finds the proposed plans to meet
the stormwater mitigation policy for impervious overage in the Shoreland Overlay District. The
plans are acceptable with conditions to ensure proper mitigation basin sizing, construction and
future maintenance needs for continued function.
Maintenance — Because the proposed additional impervious area will be permanent, the rain
garden/infiltration basin should be maintained over time to function properly for retention and
infiltration of stormwater runoff. Since the proposed mitigative measures will be located on
private property, ensuring that such regular maintenance occurs could be challenging. Therefore,
the City should have legal assurances that proper on-going maintenance will occur. The property
owner should entire into a long-term maintenance agreement with the City, in a form acceptable
to the City Attorney.
Landscaping — The applicant is proposing to install a rain garden to capture and infiltrate storm
water runoff from the excess impervious surface. A detailed landscape plan for the proposed rain
garden/infiltration basin should be provided prior to release of the Conditional Use Permit for
recording. The landscape plan should provide plant quantities and plant spacing that will ensure
80% plant coverage by the end of year 2 after planting.
SUMMARY/CONCLUSION
In summary, the applicant is proposing to install an in -ground swimming pool. The property is
located within the Shoreland Overlay District of Blackhawk Lake, a Recreational Development
Lake, which limits impervious coverage to not more than 25% of the lot area. The proposal
Planning Report — 3803 Blackhawk Ridge Place
June 28, 2016
PaRze 5
results in a net increase in impervious coverage to 25.7%. Shoreland Zoning allows for an
increase in impervious coverage with a Conditional Use Permit.
Removal of an existing patio partially offsets the increase in impervious coverage, and a new rain
garden is proposed to capture and infiltrate storm water runoff from the excess impervious.
These two measures effectively reduce the impact of stormwater runoff to an acceptable level.
ACTION TO BE CONSIDERED
To recommend approval of a Conditional Use Permit to exceed 25% impervious surface
coverage in a Shoreland Overlay District for an in -ground swimming pool and pool deck on a
residential lot located at 3803 Blackhawk Ridge Place.
If approved the following conditions shall apply:
This Conditional Use Permit shall be recorded at Dakota County within 60 days of
approval by the City Council with the following exhibit:
• Site Plan received May 31, 2016
2. The impervious surface of this lot shall not exceed 25.7% (4,969 square feet) per the Site
Plan dated May 31, 2016.
3. Prior to the release of the Conditional Use Permit for recording, the applicant shall
provide a $1,000 escrow deposit for inspection of the rain garden installation.
4. The proposed rain garden/infiltration basin shall be designed and constructed to
effectively capture, retain and infiltrate 100% of the impervious runoff from the excess
impervious surface total from a 1%, 24-hour, 7.47' rainfall event.
5. The proposed rain garden/infiltration basin shall be designed and installed according to
the guidelines of the Minnesota Stormwater Manual and the City of Eagan Engineering
Standards Manual, and shall be constructed so that basin has stable side slopes and that
temporary ponded runoff has infiltrated below the surface within 48 hours after the end of
any rain event.
6. The proposed rain garden/infiltration basin shall be designed to safely overflow to the
front yard of the residence and shall not discharge into neighboring properties.
7. Prior to release of the Conditional Use Permit for recording, the Owner shall provide a
detailed landscape plan for the proposed rain garden/infiltration basin that provides plant
quantities and plant spacing that will ensure 80% plant coverage by the end of year 2 after
planting.
8. Mitigative stormwater designs shall be reviewed and accepted by the City Engineering
Division and the installation shall be inspected by City staff at the time of installation.
Planning Report — 3803 Blackhawk Ridge Place
June 28, 2016
Page 6
9. The Owner shall enter into a long-term stormwater facility inspection and maintenance
agreement with the City of Eagan, in a form acceptable to the City Attorney, to be filed in
the property records with the Dakota County Recorder's Office at the Owner's expense.
10. As -built drawings and capture volume measurements shall be provided to the City that
verify minimum storage volume requirement is being met.
11. The Owner shall discharge water from the pool (including filter backwash) in a form and
manner acceptable to the Water Resources Manager.
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Jeffrey Dierberger Property
3803 Blackhawk Ridge Place
Eagan, MN 55122
PID #101440102190
EXISTING IMPERVIOUS
Ex Surface mper�vl y s
PID: 101440102190 19,317 sf
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Jeffrey Dierberger Property
3803 Blackhawk Ridge Place
Eagan, MN 55122
PID #101440102190
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24, Driveway 1
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Sidewalk 1
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Side
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Patio 11
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Garage 1
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SCALE 1:20
To: City of Eagan
From: Jeff and Sherry Dierberger, homeowners
3803 Blackhawk Ridge Place
RE: CUP to exceed 25% impervious coverage in a Shoreland Overlay District
Attached you will find the application and supporting documents for our conditional use permit
to exceed 25% impervious surface coverage in a Shoreland Overlay District.
Our goal is to install a pool on our property while not increasing storm water runoff to adjacent
properties.
Our lot is currently covered by 21.5% (4,155 sq. ft.) impervious surface.
We propose to remove 245 sq. ft. of concrete from our current patio. Leaving us at 20.2% (3910
sq. ft).
The proposed project would increase our impervious coverage to 25.7% (4,969 sq. ft.)
25% impervious surface of our lot would be 4,829 sq. ft. of coverage.
To mitigate for the remaining 140 sq. ft. overage of impervious surface we are proposing
creating a rain garden in the northeast corner of our property to collect storm water and
infiltrate it on our property before it reaches the city storm system.
The rain garden is designed to treat an area of 205 sq. ft. The rain garden is to be planted with
appropriate vegetation spaced at a maximum of 2 feet.
Thank You for your consideration.
Jeff and Sherry Dierberger
Agenda Information Memo
July 5, 2016, Eagan City Council Meeting
NEW BUSINESS
B. Planned Development Amendment — Easter Lutheran Church
Action To Be Considered:
To approve (or direct preparation of Findings of Fact for Denial) a Planned Development
Amendment to allow for a future building and parking expansion upon property located at
4545 Pilot Knob Road, subject to the conditions listed in the APC minutes.
Required Vote For Approval:
➢ Majority of Councilmembers present
Facts:
➢ The property is zoned PD, Planned Development. The Planned Development was
established in 1996, amended in 1999 and the initial 15 -year term extended in 2010.
➢ A CUP also was approved in 1999 allowing 35% impervious coverage.
➢ The 13.78 acre site is located within the Shoreland Overlay District of Thomas Lake.
➢ The property contains an existing church building of approximately 26,325 s.f. and a 251
stall surface parking lot.
➢ The church is proposing an update to their Master Plan for future expansions. A 15 -year
term for the Planned Development Amendment is requested.
➢ The proposed Master Plan shows phased future building additions to the northeast and
west of the existing building. Parking is proposed to be expanded to the south, with
possible structured parking along the southern portion of the parking lot. Additional
measures are proposed to meet current City Code standards for post -construction
storm water management.
➢ The staff report contains a detailed comparison of the existing condition, current
proposal and prior Planned Development approval.
➢ On the whole, the current proposal is smaller and less intense than the 1999 Master
Plan with less building area, fewer parking stalls, less impervious coverage, and
improved storm water management.
➢ The Advisory Planning Commission held a public hearing on the proposal at their June
28, 2016 meeting, and did recommend approval.
Issues: None
60 -Day Agency Action Deadline: July 19, 2016
Attachments: (4)
NBB-1 Location Map
NBB-2 Draft June 28, 2016, APC Meeting Minutes
NBB-3 Planning Report
NBB-4 Report Exhibits
Advisory Planning Commission
June 28, 2016
Page 19 of 22
D. Easter by the Lake
Applicant Name: Richard Stuerman, BWBR Architects
Location: 4545 Pilot Knob Road; Lot, Block 1, Easter by the Lake
Application: Planned Development Amendment
A Planned Development Amendment to allow for a future building and parking
File Number: 28 -PA -06-05-16
Planner Dudziak introduced this item and highlighted the information presented in the City Staff
report dated June 22, 2016.
Gary Ehret, on behalf of Easter Lutheran Church, introduced himself and explained that over the
past 15 years, the church's vision for the property has been scaled back and the revised
Master Plan reflects that.
Vice Chair Vanderpoel stated it is unusual to see a Planned Development Amendment for a
scaled back development and she would be voting for the proposal.
Chari Filipi concurred.
Chair Filipi opened the public hearing.
There being no public comment, Chair Filipi closed the public hearing and turned the discussion
back to the Commission.
Member Piper moved, Member Vanderpoel seconded a motion to recommend approval of a
Planned Development Amendment to allow for a future building and parking expansion,
subject to the following conditions:
1. The applicant shall enter into a Final Planned Development Agreement reflecting the existing
conditions and proposed future improvement, and include the following exhibits:
Existing Conditions Site Plan
Master Plan Concept Site Plan
2. The Final Planned Development Agreement shall replace the prior Planned Development
Agreements.
3. The term of the Planned Development shall be 15 years from the date of City Council
approval.
4. The 1999 Conditional Use Permit allowing impervious coverage of greater than 25 percent
within a Shoreland Overlay District shall be recorded with Dakota County in conjunction with
the Planned Development Agreement, and documentation of its recording provided to the
Advisory Planning Commission
June 28, 2016
Page 20 of 22
City.
5. Impervious surface coverage shall not exceed 35 percent of the net site area.
6. Consistent with the prior Planned Development approval, parking stalls may be 9' wide.
7. A Building Permit shall be obtained prior to construction of any structure. Future building
additions shall be architecturally compatible with the existing building and utilize similar
materials.
8. Any building expansions shall provide screening of mechanical units in compliance with City
Code.
9. This development shall meet the City's Post Construction Stormwater Management
Requirements (City Code §4.34) for stormwater management and surface water quality,
including Runoff Rate Control and 1.1" Volume Control on the site's new and fully -
reconstructed impervious surface area (including effective soil remediation for the site's
disturbed soils that are to be revegetated).
All voted in favor. Motion carried 7-0.
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: June 22, 2016
APPLICANT: Easter Lutheran Church
CASE: 28 -PA -06-05-16
HEARING DATE: June 28, 2016
PROPERTY OWNER: Easter Lutheran Church APPLICATION DATE: May 20, 2016
REQUEST: Planned Development Amendment
LOCATION: 4545 Pilot Knob Road
COMPREHENSIVE PLAN: QP, Quasi -Public
ZONING: PD, Planned Development
SUMMARY OF REQUEST
PREPARED BY: Pam Dudziak
The applicant is requesting approval of a Planned Development Amendment to allow for a
future building and parking expansion upon property located at 4545 Pilot Knob Road, legally
described as Lot 1, Block 1, Easter by the Lake.
AUTHORITY FOR REVIEW
Chapter 11, Section 11.50, Subdivision 5 states, in part,
1. The provisions of this chapter maybe amended by the majority vote of the council, except
that amendments changing the boundaries of any district or changing the regulations of any
district may only be made by an affirmative vote of two-thirds of all members of the council.
2. The Council shall not rezone any land or area in any zoning district or make any other
proposed amendment to this chapter without first having referred it to the advisory planning
commission for its consideration and recommendation.
BACKGROUND/HISTORY
In 1996, a Preliminary Planned Development was established on the site providing for a 79,000
s.f. church facility upon approximately 11 acres of land at the northwest corner of Pilot Knob and
Cliff Roads. Three years later, the church acquired an additional 2.4 acres, and in 1999, the
Preliminary PD was amended to incorporate the additional land and provide for greater building
area on the larger parcel of land.
Planning Report — Easter By The Lake
June 28, 2016
Page 2
The 1999 PD Amendment was approved, and increased the allowable building area to 104,000
s.f. with 525 parking stalls and was anticipated to be built in three phases. The proposal included
a three-level parking deck at the southeast corner of the property. At the same time, a
Conditional Use Permit was approved allowing for impervious coverage exceeding 25% in a
Shoreland Overlay District. It appears the CUP document has not been recorded with the Dakota
County Recorder, and should be recorded at this time. The property was platted in 1999, and the
first phase was built in 2001.
The Preliminary PD had a 15 -year term. In 2010, the term of the Preliminary PD was extended
for 5 years, and will terminate July 16, 2016. The church is now proposing to amend their master
development plan and renew the Planned Development for another 15 year term.
A Final Planned Development Agreement was never created or recorded. If approved, this
Amendment to the Planned Development should be incorporated into a Final Planned
Development Agreement reflecting the current conditions and proposed future improvements.
The Final Planned Development Agreement should replace the prior Planned Development
Agreements.
EXISTING CONDITIONS
This property is a 13.78 acre parcel zoned PD, Planned Development, and is located
within the Shoreland Overlay District of Thomas Lake. The property is developed with a
church and surface parking lot. The current building is approximately 26,325 s.f., with
251 surface parking stalls. Existing parking stalls are 9' wide, per the prior PD approval.
The existing parking lot, building, water and sewer services, and three storm water ponds
were constructed with the original development of the site. Thomas Lake is located along
the northwest perimeter of the site, and the lake edge is heavily treed. The site generally
slopes from the south east to the northwest, with elevations ranging from 960 to 904.
SURROUNDING USES
The following existing uses, zoning, and comprehensive guide plan designations surround the
subject property:
Existing Use
Zoning
Land Use
Designation
North
Thomas Lake & Thomas Lake
P, Park
P, Parks, Open
Park
Space & Recreation
East
South Water Treatment Facility
P, Park
QP, Quasi -Public
& Clearwater Park
South
Single -Family Residential
R-1, Residential Single
LD, Low Density
West
Single -Family Residential;
R-1, Residential Single;
LD, Low Density;
City Well
PF, Public Facilities
QP, Quasi -Public
Planning Report — Easter By The Lake
June 28, 2016
Page 3
EVALUATION OF REQUEST
Description of Proposal — The church is proposing an updated master plan for future expansion
of the church facilities, both building and parking. The current proposal reflects Easter
Lutheran's current vision, although details of exact uses and allocation of space within the
building may vary. The church's intent is to obtain general approval for overall development of
the site such that phased expansions consistent with the overall Planned Development will be
subject to administrative review and approvals at the time of Building Permit without need for
public hearing at each phase.
The current proposal shows expansions to the west and northeast of the existing building
resulting in a total building area of 73,010 s.f. The proposed Master Plan Concept anticipates
375 parking stalls, with 155 stalls in structured parking. This amounts to a net reduction in both
anticipated building size, and anticipated parking from the 1999 approvals.
*Net Site Size for Existing and Proposed is 11.2 acres; 1999 plan anticipated 10.2 acres prior to platting
* * City Code standard is one stall per 3.5 seats in the main assembly hall
Compatibility with Surrounding Area — The church use at this location has been compatible with
surrounding development consisting of parks, public facilities, and single-family residential
homes.
Term — The church has requested a 15 -year term for the amended Planned Development.
Existing
Current Proposal
Condition
Master Plan Concept
1999 Master Plan
Total Bldg.
26,325 sf
73,010 sf
104,000 sf
Area
Bldg. Footprint
16,375sf
38,755 sf
60,200 sf
Bldg. Coverage
3.36%
7.9%
13.6%
Ratio*
Sanctuary Size
400 seats
650-750 seats
1,050 seats
Total Parking**
251 stalls
375 stalls
525 stalls
Surface:
251 stalls
220 stalls
52 stalls
Structure:
155 stalls
473 stalls
Impervious
122,352 sf
171,585 sf
175,000 sf
Total
Impervious
25.1%
35.2% (Proposed Site Plan)
39.2% proposed;
Coverage
35% (1999 approval)
35% approved
Ratio*
*Net Site Size for Existing and Proposed is 11.2 acres; 1999 plan anticipated 10.2 acres prior to platting
* * City Code standard is one stall per 3.5 seats in the main assembly hall
Compatibility with Surrounding Area — The church use at this location has been compatible with
surrounding development consisting of parks, public facilities, and single-family residential
homes.
Term — The church has requested a 15 -year term for the amended Planned Development.
Planning Report — Easter By The Lake
June 28, 2016
Page 4
Bulk Standards —
Setbacks — Required structure setbacks from Pilot Knob Road and Cliff Road are a
minimum 50'. Required parking setback is 20' from public right-of-way. The minimum
structure setback from Thomas Lake, as measured from the Ordinary High Water Level
(OHWL), is also 50'. The proposed Master Plan Concept shows future buildings and
surface parking meeting these setbacks.
Building Coverage — The 1999 PD showed a building coverage of 60,200 s.£, the current
proposal is 38,755 s.f.
Impervious Coverage — Shoreland Zoning establishes a maximum impervious coverage
of 25% and allows an increase to the impervious coverage ratio with a Conditional Use
Permit. The current site condition is 25.1% impervious (based on net site area of 11.2
acres), and the proposed Master Plan Concept shows 35.2% impervious. The 1999
Conditional Use Permit and 1999 Planned Development approval specified a maximum
total impervious coverage of 35%, although 39.2% was proposed. The anticipated net
site area was 10.2 acres at that time, prior to platting.
Conditional Use Permits run with the land until terminated. The applicant's current
proposal is very close to the 35% impervious specified in the CUP and the prior Planned
Development approvals. It is the church's intent to comply with the established 35%
impervious limit, and that standard is reiterated in the suggested conditions of approval.
Current research has revealed some conflicting figures for net land area ranging from 10.2
acres to 11.7 acres which obviously affects the calculated ratio of impervious depending
on which figure is used. The applicant is working with their consultant to clarify the net
land area figure. For purposes of this evaluation, staff used 11.2 acres, which was taken
from GIS measurements based on the gross lot area and known area below the Ordinary
High Water Level of Thomas Lake.
Nevertheless, the current proposal is scaled back and less intense than the 1999 Master
Plan resulting in less impervious coverage and improved stormwater management.
Building Elevations/Architecture — Specific building plans have not been developed for the
future additions. The narrative indicates future additions will "continue the vernacular
established by the current building exterior and utilize a mix of similar material:" Various colors
of brick, stone, weather resistant siding ... and/or an architectural metal siding. The additions
will have two floor levels that align with or be accessible by the current floors of the existing
church."
Planning Report — Easter By The Lake
June 28, 2016
Page 5
Mechanical Equipment — Any building expansions should be subject to mechanical screening
requirements in compliance with current City Codes. The property was initially developed
before the current mechanical screening ordinance was in place.
The current proposal follows the same general building footprint, with expansions to the
northeast and west of the existing building totaling 73,010 s.f. This amounts to a net reduction in
anticipated building size on the property, down from the existing approval of 104,000 s.f.
Parking — The proposed Master Plan Concept anticipates 375 parking stalls, with 155 stalls in
structured parking. The proposed amended plan shows a single -level parking deck rather than
the 3 -story structured parking of the 1999 plan. The parking deck is proposed over existing
surface parking at the 20' parking setback from Cliff Road; a reduced setback for the parking
structure as compared to the principal building is a carry-over from the 1999 Planned
Development. The parking deck appears to meet a 50' setback from Pilot Knob Road.
The current facility provides 400 seats and 251 parking stalls, a ratio of one stall per 1.6 seats.
The proposed plan projects a 650-750 seat sanctuary, plus classrooms and support spaces. The
proposed 375 parking stalls achieves a one stall per 2 seats ratio, which exceeds the City Code
standard of one stall per 3.5 seats.
Wetlands — Because there are no wetlands on site, City Code § 11.67, wetland protection
and management regulations, does not apply.
Stormwater Management/Water Quality — The City's Water Quality & Wetland Management
Plan (2007) identifies Thomas Lake as Eagan's third highest priority and designates it a Class 2
lake. The highest management goal of Class 2 lakes is to support fishing, canoeing, and other
forms of "indirect -contact" recreation. In 2013, the City completed a three-year project partially
funded by the Minnesota Pollution Control Agency through a Clean Water Partnership grant. The
project evaluated lake and watershed conditions and developed a lake protection and
management plan, which is now being implemented.
The applicant proposes to revise the Planned Development Master Plan that would add/fully
reconstruct approximately 33,545 square feet of impervious surface over existing conditions.
This planned development amendment would need to comply with the City's Post Construction
Stormwater Management Requirements (City Code §4.34) for stormwater management and
surface water quality, including Runoff Rate Control and 1.1" Volume Control (which includes
soil permeability restoration on disturbed areas to be revegetated). To meet the 1.1" Volume
Control requirement for this application, based on the estimated 33,545 square feet of new/fully-
reconstructed impervious, 3,075 cubic feet of retention (e.g. infiltration basin(s)) would need to
be provided.
The applicant proposes to meet City water quality/stormwater requirements through the
utilization of an existing empty/dry basin (Pond 2, near north entrance) that currently has a small
impervious drainage area, has significant temporary retention volume available and is currently
acting as an infiltration basin. Pond 2 has 7,347 cubic feet of temporary retention volume
Planning Report — Easter By The Lake
June 28, 2016
Page 6
available beneath the outlet. The majority of the Master Plan's proposed new/fully-reconstructed
impervious on the site would be directed to Pond 2.
Eagan Water Resources staff have reviewed the applicant's plans and stormwater
management/design summary and finds the proposed plan revisions, to meet City Code §4.34
Post -Construction Stormwater Management Requirements, are acceptable with conditions to
ensure effective rate control to maintain or lower peak discharge, effective impervious area
capture, infiltration capacity and capability verification, effective soil remediation to restore soil
permeability (on all disturbed soils that are to be revegetated), effective construction
techniques/staging/oversight, and future inspection and maintenance needs are performed for
continued function of the stormwater management system.
Storm Water Drainage— The entire site lies within Drainage District B (as designated in the City
Storm Water Management Plan — 2007). Storm water flows through a private storm sewer
system into three existing storm water basins (BP 7.3, BP 7.4, and BP 12. 1), and ultimately to
Thomas Lake.
Utilities — Private lateral water and sanitary sewer lines were installed with the initial
development of the site. Sanitary sewer District C (as designated in the City's Comprehensive
Sanitary Sewer Plan) serves the entire site. No new utilities are proposed, however, additional
fire hydrants may need to be installed with future additions to the building to meet City Fire
Department and Public Works standards.
Streets/Access /Pedestrian Circulation — This property has direct driveway access from
the parking lot to two public streets; Pilot Knob Road to the east, and Cliff Road to the
south. No public street access modifications are proposed. Public trails are located along
both county roadways. Future plans anticipate a parking lot expansion to the south and
east of the existing lot, a potential parking structure with 155 stalls to total 375 parking
stalls.
Easements — Public drainage & utility easements were previously dedicated with the plat.
No additional easements are anticipated.
Financial Obligation — At this time, there are no pending assessments on the parcel.
Landscaping — The site was landscaped with initial development. Additions and changes to
landscaping will be reviewed at the time of Building Permit with each phase of future
construction.
Tree Preservation — A tree preservation plan was provided with the initial development and was
subject to mitigation at that time. It appears that the areas identified for future building or
parking expansions were previously disturbed with the initial site development. As such,
landscaping that was installed with initial development may be impacted by future expansions,
and would be accompanied by new landscaping as required by City Code.
Planning Report — Easter By The Lake
June 28, 2016
Page 7
Parks and Recreation — The church use is exempt from park dedication requirements. A cash
trail dedication was fulfilled at the time of initial construction in 1999.
SUMMARY/CONCLUSION
Easter Lutheran Church is proposing an update to their Master Plan for future church facility
expansions. The original Planned Development was approved in 1996 and amended in 1999
with an extension of the term to July 2016. The church is requesting approval of the new
proposed Master Plan Concept for a term of 15 years.
On the whole, the current proposal is smaller and less intense than the 1999 Master Plan with
less building area, fewer parking stalls and less impervious coverage, and improved stormwater
management.
ACTION TO BE CONSIDERED
To recommend approval of a Planned Development Amendment to allow for a future building
and parking expansion upon property located at 4545 Pilot Knob Road, legally described as Lot
1, Block 1, Easter by the Lake.
If approved the following conditions shall apply:
1. The applicant shall enter into a Final Planned Development Agreement reflecting the
existing conditions and proposed future improvement, and include the following exhibits:
• Existing Conditions Site Plan
• Master Plan Concept Site Plan
2. The Final Planned Development Agreement shall replace the prior Planned Development
Agreements.
3. The term of the Planned Development shall be 15 years from the date of City Council
approval.
4. The 1999 Conditional Use Permit allowing impervious coverage of greater than 25
percent within a Shoreland Overlay District shall be recorded with Dakota County in
conjunction with the Planned Development Agreement, and documentation of its
recording provided to the City.
5. Impervious surface coverage shall not exceed 35 percent of the net site area.
6. Consistent with the prior Planned Development approval, parking stalls may be 9' wide.
7. A Building Permit shall be obtained prior to construction of any structure. Future
building additions shall be architecturally compatible with the existing building and
utilize similar materials.
Planning Report — Easter By The Lake
June 28, 2016
Page 8
8. Any building expansions shall provide screening of mechanical units in compliance with
City Code.
9. This development shall meet the City's Post Construction Stormwater Management
Requirements (City Code §4.34) for stormwater management and surface water quality,
including Runoff Rate Control and 1.1" Volume Control on the site's new and fully -
reconstructed impervious surface area (including effective soil remediation for the site's
disturbed soils that are to be revegetated).
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SAINT PAUL I MADISON
380 St. Peter Street, Suite 600 651.222.3701
Saint Paul, MN 55102 bwbr.com
May 18, 2016
Re: Easter Lutheran Church by the Lake
4545 Pilot Knob Road
Eagan, MN 55122
Parcel ID: 10-22575-01-010
Legal Description: Lot 1, Block 1, Easter by the Lake.
Master Plan Development Agreement Narrative:
Easter Lutheran Church initiated a Planned Development Agreement (PD) in 1996 and amended the plan
in 1999 with a 15 year term. In 2011 the church received an extension to the PD term though July 2016.
This is an application to amend the PD for another 15 year term.
In 2010 Easter re-evaluated their Master Plan and the results of that work are included in this application.
At this time the church is seeking general approval of the Master Plan Concept without the intent of
immediate expansion, and therefore certain details remain undefined until the time the church is ready to
move forward with a project. The plans provided are the current vision for Easter by the Lake; however,
actual room use, size and location may change in the final plans when a project is ready to begin. It is
expected with approval of this PD proposal that future additions in keeping with the nature of these plans
can be approved by City Staff without a public hearing.
For over fifteen years Easter Lutheran has been operating as a two site ministry and that has changed their
vision for the property by the Lake. They originally envisioned a 104,000 total sf building (60,200 sf
footprint) on the site with a 1,050 seat sanctuary, classrooms and support spaces including a three level
parking structure with 473 spaces along with 52 surface spaces to meet all their ministry needs. The
original PD agreement allowed the church to have a 35% impervious surface coverage.
In this amendment, Easter is proposing a revised vision with a 73,010 total sf building (38,385 sf footprint)
to add a 650-750 seat sanctuary, classrooms and support spaces relative to that size sanctuary. Parking
would also increase with the sanctuary by providing 220 surface parking spaces to the south and one
elevated parking deck over the south two parking bays with 155 spaces to provide a minimum of one (1)
space for every two (2) seats in the sanctuary. It is understood that future additions will be required to
meet the current storm water restrictions and calculations for this plan are included. This revised plan
reduces the total amount of impervious surface coverage and number of cars on the site from the 1999
proposal, and under the current understanding of the site has 35.2% impervious coverage. When final
plans are being prepared, the Church will work with the City to make adjustments to meet the 35%
impervious limit.
While the future additions have not been designed for this proposal, it is anticipated that they will
continue the vernacular established by the current building exterior and utilize a mix of similar materials:
various colors of brick, stone, weather resistant siding (concrete fiber board or shingle) and/or an
architectural metal siding. The additions will have two floor levels that align with or be accessible by the
current floors of the existing church.
End.
Easter Lutheran Church PD Nanative.dotx
Agenda Information Memo
July 5, 2016, Eagan City Council Meeting
NEW BUSINESS
C. Conditional Use Permit—Shingobee Builders, Inc.
Action To Be Considered:
To approve (or direct preparation of Findings of Fact for Denial) a Conditional Use Permit to
allow the development of a child daycare facility upon property located at 4150 Knob Drive,
subject to the conditions listed in the APC minutes.
Required Vote For Approval: Majority of Councilmembers present
Facts:
➢ The property is zoned LB, Limited Business, in which day care centers are listed as a
conditional use.
➢ The property was platted in 1984 as part of a Planned Development. The property is
vacant and access is provided from Knob Drive.
➢ After a proposed PD Amendment failed in 2015, the owner requested the property be
rezoned from PD to LB, Limited Business. The rezoning to LB was approved by the City
in March 2016.
➢ The proposal is to construct a new child day care with outdoor play areas on the site.
The one-story building is designed with a quasi -residential character to blend with both
existing commercial uses in the area and the residential development to the west.
➢ The proposed use is consistent with the underlying Office/Service land use designation.
➢ All City Code standards are met with this proposal.
➢ The Advisory Planning Commission held a public hearing on the proposal at their June
28, 2016 meeting, and did recommend approval on a 6-1 vote.
Issues:
➢ A number of neighbors spoke to concerns relative to parking and traffic.
➢ The applicant provided a supplemental narrative on June 29, 2016 to address questions
and issues discussed during the APC meeting.
60 -Day Agency Action Deadline:
➢ July 31, 2016
Attachments: (6)
NBC -1 Location Map
NBC -2 Draft June 28, 2016, APC Meeting Minutes
NBC -3 Planning Report
NBC -4 Report Exhibits
NBC -5 Correspondence submitted at the APC meeting
NBC -6 Supplemental Narrative dated June 29, 2016
Advisory Planning Commission
June 28, 2016
Page 10 of 22
B. Prestige Preschool Academy
Applicant Name: Stacy Gleason, Shingobee Builders
Location: 4150 Knob Drive; Lot 3, Block 2, Knob Hill Professional Park
Application: Conditional Use Permit
A Conditional Use Permit to allow a daycare in a Limited Business Zoning District.
File Number: 21 -CU -08-05-16
Planner Dudziak introduced this item and highlighted the information presented in the City Staff
report dated June 22, 2016.
Jon Fahning of Shingobee Builders gave an overview of the business and a summary of other
LB uses that could be built on the site. He stated their belief that the daycare proposal is
compatible with the neighborhood and the current proposed design meets or exceeds City Code
standards. He addressed the hours of operation and traffic. He also stated Eagan's parking
requirements are very similar to the requirements in other metro cities where Prestige has
developed or is currently developing.
Member Heckman asked if there are any City Codes relative to the appearance of the
playground.
Planner Dudziak responded there are none.
Chair Filipi opened the public hearing.
Karen Piehler Shaw, 4165 Knob Drive indicated the current proposal is not significantly different
than the 2015 proposal, and raised concerns about the use of Class III building materials, the
location of trash storage, insufficient parking, lack of off-street overflow parking, and traffic on
Knob Drive. She said the development does not fit into the neighborhood, and indicated her
belief that the proposal failed to meet Authority for Review criteria items 1, 3, and 5 listed in the
staff report.
Ms. Shaw proceeded to read e-mail statements from other neighbors not in attendance
indicating concerns about parking, traffic and safety.
John O'Halloran, property owner, shared his belief that the neighbors would not be happy with
any development proposal. He stated that he is a mortician and laments not being real estate
savvy enough back in the early 1990's to have fought the zoning change from office park to
residential along the west side of Knob Drive.
Celeste Bour, 4161 Knob Drive, stated concerns about the building's appearance and amount of
parking.
Advisory Planning Commission
June 28, 2016
Page 11 of 22
Tony Bour, 4161 Knob Drive, stated peak hour traffic at the Knob Drive intersections with the
two County roads is a big issue and safety concern. He also stated the developer had not
sought input from the neighbors, and is concerned that patrons of the daycare would use private
residential driveways as turnarounds.
Kathy Zeroth, 4134 Signal Point, reiterated concerns about traffic, and stated a previous
suggestion in 2015 that closing one end of Knob Drive as a traffic solution would not be
reasonable as it would merely force all traffic to be funneled to the other end. She expressed
concern that the business may not be successful as parents will not use this daycare because
of the traffic and access difficulties.
Dennis Becker, 4143 Signal Point, stated concern for traffic and on -street parking, especially in
winter. He suggested signing one side or both sides of Knob Drive "no parking".
John Kemper, 4139 Signal Point, stated this neighborhood does not need a day care, he
questioned the Prestige business plan and shared concerns with the amount of traffic it would
generate.
Darci Kaul, 4138 Signal Point, stated concern for the children in the neighborhood who walk to
school and the bus stop with no sidewalks on Knob Drive, and limited street lighting.
Dennis Shaw, 4165 Knob Drive, mentioned Gary'Huusko and also stated concern for traffic and
on -street parking. He objected to the site design that has the building closest to the residential
homes and suggested the site should at least double the amount of parking provided and stated
concern for the negative impact to his property value.
There being no further public comment, Chair Filipi closed the public hearing and turned the
discussion back to the Commission.
Chair Filipi asked about the building materials, parking and traffic flow.
Planner Dudziak stated the proposed building materials are consistent with City Code
standards.
Assistant City Engineer addressed the questions about traffic and on -street parking indicating
that Knob Drive is designed to handle the traffic volumes and can accommodate two-way traffic
with parking on both sides. He went on to say that if on -street parking became an issue, there
is a process for the neighborhood to petition for a sidewalk or parking restrictions. He added
that there are trails along both Diffley and Pilot Knob Roads.
Chair Filipi asked about the turning movements to/from the two County Roads.
Advisory Planning Commission
June 28, 2016
Page 12 of 22
Assistant City Engineer Nelson said traffic concerns are 1) the amount of traffic on Knob Drive,
and 2) getting to/from the two County Roads at Knob Drive intersection. A 2015 traffic study
showed existing traffic volumes and speeds are very low compared to other similar streets. He
stated the development would generate an estimated 400 additional vehicle trips per day, which
is well within the capacity of Knob Drive. He also acknowledged that left turn movements, in
particular, to/from the two County roads is difficult at peak times, and additional delays would be
expected with the increased traffic; however, any back-ups along Knob Drive due to those
occasional delays would not affect the overall system.
Member Piper asked about the site layout.
City Planner Ridley explained site constraints such as setbacks, and shape of the lot.
Member Vanderpoel asked how much staff parking is needed and if any more parking stalls
could be provided on the lot?
Mr. Fahning indicated staff parking varies, and they anticipate about 1/3 of the stalls for staff
use, at full capacity; he also added that storm water management requirements have a
significant impact on available space on the lot.
Member Piper moved, Member Sagstetter seconded a motion to recommend approval of a
Conditional Use Permit to allow a daycare facility, subject to the following conditions:
1. This Conditional Use Permit shall be recorded with the Dakota County Recorder's office
within 60 days of approval by the City Council, with the following exhibits:
• Site Plan dated June 17, 2016
2. There shall be no more than two school vans/buses kept on the property, and such vehicles
must be parked within a standard parking stall.
3. The building shall meet City Code standards for exterior materials to be verified at the time of
Building Permit application.
4. Building address numbers shall be reviewed for consistency with the standards in Section
2.78 of City Code, and new address number signs installed if necessary to achieve
compliance.
5. The developer shall submit a revised Landscape Plan which includes automatic irrigation
prior to release of the Conditional Use Permit for recording.
Advisory Planning Commission
June 28, 2016
Page 13 of 22
6. A financial guarantee for installation of the landscaping shall be provided in accordance with
the City's landscape ordinance at the time of Building Permit.
7. The trash enclosure shall be constructed of brick to match the building, with an opaque gate
that is compatible with the building finish materials.
8. 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.
9. A detailed land disturbance and erosion control plan shall be prepared in accordance with
current City land disturbance and erosion control regulations and submitted prior to any site
disturbance.
10. All erosion/sediment control plans submitted for development and grading permits shall be
prepared by a designer who has received current Minnesota Department of Transportation
(MNDOT) training, or approved equal training as determined by the City Engineer in
designing stormwater pollution prevention plans. Also, all personnel responsible for the
installation of erosion/ sediment control devices, and the establishment of vegetation for the
development, shall have received Erosion/Sediment Control Inspector/Installer certification
through the University of Minnesota, or approved equal training as determined by the City
Engineer.
11. This development shall meet the City's Post Construction Stormwater Management
Requirements (City Code §4.34) for stormwater management and surface water quality,
including Runoff Rate Control and 1.1" Volume Control on the site's new and fully -
reconstructed impervious surface area (including effective soil remediation for the site's
disturbed soils that are to be revegetated).
12. Prior to receiving city approval to permit land disturbing activity, the developer shall provide
the City with soil boring logs from a minimum of two soil -borings within any proposed
infiltration area, extending a minimum of 10' below the bottom of the proposed infiltration
feature, to evaluate and ensure suitability for infiltration. If the soil boring logs indicate
incompatibility of existing sub -soil permeability with the submitted and reviewed design
plans for meeting volume control requirements, the developer shall revise the design and/or
construction plans (e.g. over-excavation/soil-amendment depth, etc.) to ensure volume
control requirements are fully met.
13. Prior to receiving city approval to permit land disturbing activity, the developer shall provide
construction details of any proposed infiltration practice for City review/acceptance by the
City Engineer. Construction details shall include infiltration basin cross-section(s),
construction sequencing/protection notes, sizing/volume tables, details for stable inlet,
overflows, outlets, unobstructed maintenance access areas to inlet/outlet, soil amendment
criteria, planting plans/details, etc., to ensure infiltration practice is properly designed,
constructed, planted, and adequately protected during / after construction to prevent
Advisory Planning Commission
June 28, 2016
Page 14 of 22
clogging, and able to be properly maintained (e.g. unobstructed equipment access, etc.) to
function as intended. These graphical details and notes shall be prominently included in all
applicable plan sheets (e.g. Erosion & Sediment Control Plan, Grading & Drainage Plan,
Utility Plan, Landscape Plan, etc.).
14. Prior to receiving city approval to permit land disturbing activity, the developer shall provide
detailed Soil Management Strategies for City review, and acceptance by the City Engineer,
that provide for assurances that by final grading the disturbed areas that are to be
revegetated will have protected and/or restored soil permeability to non -compacted soil
conditions, to comply with Volume Control requirements. These graphical details and notes
on soil protection/restoration shall be included in the Stormwater Management Plan and
prominently included in all applicable plan sheets (e.g. Erosion & Sediment Control Plan,
Grading & Drainage Plan, Utility Plan, Landscape Plan, etc.).
15. Prior to receiving city approval to permit land disturbing activity, the property owner shall
enter into a long-term stormwater management system maintenance agreement with the
City, detailing the inspection and maintenance required to ensure proper operation and
performance of the permanent stormwater management system, in a form acceptable to the
City Attorney.
16. During infiltration practice over -excavation and sub -soil work, the developer shall ensure
that a Certified Soil Scientist will be present to verify and document that infiltration practice
area sub -soils are suitable for a saturated condition infiltration rate of 1 -inch per hour or
greater (but less than 8.0 -inch per hour). 'If the sub -soil infiltration rates are less than 1 -inch
per hour (or greater than 8.0 -inch per hour), the developer shall immediately notify the City
Engineer and revise the volume control practice(s) as necessary (e.g. over-excavation/soil-
amendment depth, etc.) to ensure volume control requirements are fully met. At completion
of final grading within the infiltration basin, but prior to planting, the applicant shall ensure
that a soil scientist will be present to verify and document that the infiltration practice is
suitable to infiltrate a minimum of 1 -inch per hour or greater in saturated conditions.
Documentation shall be provided to the City within 48 -hours after infiltration testing. The
developer shall provide the City with 24-hour advance notice of the occurrence of soil
infiltration observation and verification.
17. Before the city issues a Certificate of Occupancy on the development site, the developer
shall provide the City Engineer as -built plans that demonstrate that all constructed
stormwater conveyance structures, stormwater management facilities (sump, infiltration
practice, etc.), and soil management strategies conform to design and/or construction plans,
as approved by the City. As -built volumes (for retention) shall be provided for the infiltration
practice. Documentation shall be provided to verify soil management strategy compliance.
The developer shall submit to the City Engineer certification that the stormwater
management facilities have been installed in accord with the plans and specifications
approved. This certification shall be provided by a Professional Engineer licensed in the
State of Minnesota.
18. This developer shall provide hydrant spacing and locations in accordance with City Fire
Department and Public Works standards.
Advisory Planning Commission
June 28, 2016
Page 15 of 22
19. The developer shall submit a proposal/infrastructure plan to be approved by staff to provide
telecommunications fiber to the premises (FTTP). The development shall include the
installation of fiber optic cable, or a conduit for future installation, in its construction plans at
the time of Building Permit.
20. The developer shall be responsible to restore the street, curb and gutter, and boulevard in a
manner acceptable to the City Engineer.
21. The developer shall be responsible for the acquisition of all regulatory agency permits
required by the affected agency prior to the issuance of a building permit.
22. The development is subject to cash park and trail dedications payable at the time of Building
Permit at the rates then in effect.
After the motion to recommend approval was made and seconded, Chair Filipi stated his
support for the proposal because it meets all City Code standards and there are no variances.
Member Heckman stated her concern for the amount of parking and the impact to the
neighborhood. She offered a friendly amendment to the motion to restrict parking along Knob
Drive.
Member Piper rejected the friendly amendment, stating he preferred to wait and see if there is
an actual problem with on -street parking rather than preemptively restricting on -street parking.
Member Heckman moved, Member Filipi seconded, a motion to amend the pending motion to
recommend approval by adding a condition restricting parking along Knob Drive.
Member Vanderpoel stated she agreed but noted that all City standards are being met by the
proposal.
Member Woebke stated the history of the original development plan for the area has created the
current situation. He indicated he would not be comfortable with the Advisory Planning
Commission restricting on -street parking.
A vote was taken. The motion to amend failed on a 2-5 vote (Members Heckman and Dierkes
voting in favor).
Continued discussion ensued regarding the original motion to recommend approval. Member
Dierkes opined the proposal did not meet criteria #1 of the Authority for Review in that he was
not convinced the development would not be detrimental to or endanger the public health and
safety. He asked if the speed limit on Knob Drive could be lowered.
Advisory Planning Commission
June 28, 2016
Page 16 of 22
Assistant City Engineer stated no, the street does not meet the statutory criteria for a speed limit
lower than 30 mph.
A vote was taken. Motion carried 6-2 (Heckman and Dierkes opposed).
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: June 22, 2016
APPLICANT: Shingobee Builders, Inc.
CASE: 21 -CU -08-05-16
HEARING DATE: June 28, 2016
PROPERTY OWNER: O'Halloran & Murphy APPLICATION DATE: June 1, 2016
REQUEST: Conditional Use Permit
LOCATION: 4150 Knob Drive
COMPREHENSIVE PLAN: O/S, Office/Service
ZONING: LB, Limited Business
SUMMARY OF REQUEST
PREPARED BY: Pam Dudziak
The applicant is requesting approval of a Conditional Use Permit to allow the development of a
child daycare facility upon property located at 4150 Knob Drive, legally described as Lot 3,
Block 2, Knob Hill Professional Park.
AUTHORITY FOR REVIEW
City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following.
Subdivision 4C states that the Planning Commission shall recommend a conditional use permit
and the Council shall issue such conditional use permits only if it finds that such use at the
proposed location:
1. Will not be detrimental to or endanger the public health, safety, or general welfare of the
neighborhood or the City.
2. Will be harmonious with the general and applicable specific objectives of the
Comprehensive Plan and City Code provisions.
3. Will be designed, constructed, operated and maintained so as to be compatible in
appearance with the existing or intended character of the general vicinity and will not
change the essential character of that area, nor substantially diminish or impair property
values within the neighborhood.
Planning Report — Shingobee Builders
June 28, 2016
Page 2
4. Will be served adequately by essential public facilities and services, including streets,
police and fire protection, drainage structures, refuse disposal, water and sewer systems
and schools.
5. Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be hazardous or detrimental to any persons, property or the general
welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors.
6. Will have vehicular ingress and egress to the property which does not create traffic
congestion or interfere with traffic on surrounding public streets.
7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
8. Is appropriate after considering whether the property is in compliance with the City Code.
Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the
Planning Commission and the Council may attach whatever reasonable conditions they deem
necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value
of other property within the district, and to achieve the goals and objectives of the
Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require
such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in
connection therewith are being and will be complied with.
BACKGROUNDIHISTORY
The subject property was platted in 1984 as part of the Knob Hill Professional Park Planned
Development which was based on the LB, Limited Business zoning district. The property to the
south developed with a clinic and the lots to the west contain primarily single-family homes, with
a couple office and clinic buildings at the north end of Knob Drive; the subject site remains
vacant.
The Knob Hill Professional Park Planned Development Agreement designated the subject site for
development of a 5,000 s.f. office building. A development proposal for a two-story 12,500 s.f.
office building was denied by the City in 2002 due to size of the building, insufficient parking,
and setbacks. In 2015, a Planned Development Amendment for construction of a 10,400 s.f. one-
story daycare on the property was denied by the City due to the size of the building being too big
for the property and inconsistent with the Planned Development, building materials not meeting
City Code requirements, and the increase in traffic on Knob Drive.
In March 2016, the City approved a Rezoning of the property to Limited Business. The Limited
Business zoning district allows day care centers as a conditional use.
Planning Report — Shingobee Builders
June 28, 2016
Page 3
EXISTING CONDITIONS
The triangular shaped 1.44 acre site abuts public right-of-way to the west (Knob Drive) and east
(Pilot Knob Road). A sidewalk extends along the east side of the property, parallel to Pilot Knob
Road. Access to the parcel is from Knob Drive; the plat restricts direct access along the Pilot
Knob Road frontage.
SURROUNDING USES
The following existing uses, zoning, and comprehensive guide plan designations surround the
subject property:
EVALUATION OF REQUEST
Description of Proposal — The proposed development consists of the construction of a single
story childcare facility of approximately 10,400 s£ The facility would provide educational and
childcare services including infant care, private kindergarten, as well as before/after and half day
programs for school-age children. The applicant indicates the facility will operate from 6:30 a.m.
to 6:30 p.m. Monday through Friday, and is closed Saturday and Sunday.
Compatibility with Surrounding Area — The surrounding area is a mix of single family
residential, commercial, and retail uses. The proposed development is intended to blend in both
functionally and aesthetically with the surrounding properties and uses.
Site Plan — The building is proposed to be located on the southern portion of the property, with
parking and stormwater facilities to the north; outdoor playground areas are located east of the
building. The playground areas are enclosed by a 6' decorative black metal fence, which will
require egress to a public way to be reviewed at the time of Building Permit.
Bulk Standards — This section evaluates the proposal against LB zoning standards for setbacks,
green space and building coverage ratios, and building height.
Existing Use
Zoning
Land Use Designation
North
Residential
R-1, Single -Family
LD, Low Density
Residential
Residential
West
Residential; Veterinary
R-1, Single -Family
LD, Low Density
and Medical Office
Residential
Residential;
PD, Planned Development
O/S, Office/Service
South
Medical/Dental Office
PD, Planned Development
O/S, Office/Special
East
Church (Beautiful
QP, Quasi-
PF, Public Facilities;
Savior); Commercial
Public/Institutional;
RC, Retail -Commercial
Retail (Hil top Plaza)
I NB, Neighborhood Business
EVALUATION OF REQUEST
Description of Proposal — The proposed development consists of the construction of a single
story childcare facility of approximately 10,400 s£ The facility would provide educational and
childcare services including infant care, private kindergarten, as well as before/after and half day
programs for school-age children. The applicant indicates the facility will operate from 6:30 a.m.
to 6:30 p.m. Monday through Friday, and is closed Saturday and Sunday.
Compatibility with Surrounding Area — The surrounding area is a mix of single family
residential, commercial, and retail uses. The proposed development is intended to blend in both
functionally and aesthetically with the surrounding properties and uses.
Site Plan — The building is proposed to be located on the southern portion of the property, with
parking and stormwater facilities to the north; outdoor playground areas are located east of the
building. The playground areas are enclosed by a 6' decorative black metal fence, which will
require egress to a public way to be reviewed at the time of Building Permit.
Bulk Standards — This section evaluates the proposal against LB zoning standards for setbacks,
green space and building coverage ratios, and building height.
Planning Report — Shingobee Builders
June 28, 2016
Page 4
Setbacks — Both parking and building setbacks are satisfied. The following minimum
setbacks apply to the property:
Knob Drive
Building 30'
Parking 20'
Pilot Knob Rd. Side Yard
50' 10'
20' 5'
Green Space — Commercial properties are subject to providing a minimum 30% green space.
The proposed development provides 48.6% green space.
Building Coverage — The proposed building coverage ratio is 16.5%, which is less than the
LB standard of a maximum 20% building to lot area ratio.
Building Height — Proposed building height is approximately 18', as measured to mean roof
height, and 24'6" to the peak roof height. This is less than the ordinance standard of 30'
maximum mean roof height.
Parking — The Site Plan proposes a total of 31 parking stalls for the approximately 10,400 s.f.
daycare. This is consistent with the typical standard for daycare facilities of ten parking stalls
plus one stall for each 500 square feet of building. The dimensional standards in the City Code
also appear to be satisfied. The proposed parking stalls are 10' x 19', with a 24' two-way drive
aisle.
The proposed parking meets the City Code standards for daily needs. Occasional special events
throughout the year may result in a need for overflow parking. On -street parking is currently
available along Knob Drive for this occasional use. The applicant should note winter parking
restrictions may limit availability of on -street parking during winter months.
According to the applicant, there will be one or two school vans that will be kept on the property
on an on-going basis, similar to other daycare providers in the City. These vehicles are used to
transport children to and from elementary schools in: the area. The vehicles fit in a regular
parking stall, and such parking is permitted by City Code. There should be no more than two
such vans kept on the property.
Building Elevations/Architecture — The proposed building architecture is quasi -residential with a
brick and siding exterior, pitched roof and asphalt shingles. Two types of Class I materials (brick
and glass) are utilized, along with a Class III material, (LP Smart Side, an engineered wood lap
siding). The mechanical well screen wall and decorative dormers break up the roof line, and
utilize the same LP Smart Side lap siding as elsewhere on the building.
The brick is concentrated on the longer east and west building walls. The Class III lap siding
contributes to the quasi -residential architecture, and is used primarily on the north and south
elevations which are the gable ends of the roof, on the sides of the rooftop dormers, and for the
rooftop mechanical screening enclosure.
Planning Report — Shingobee Builders
June 28, 2016
Page 5
The ordinance requirements pertaining to LB zoning requires at least two Class I materials shall
be utilized, comprising at least 65% of the building, and up to 35% Class III or IV materials. In
the aggregate, 72.5% of the building exterior is Class I materials. The project architect has
included the insulated steel doors in the Class I calculations due to their durability; typically the
doors would be classified as a Class III or accent material. Omitting the doors from the Class I
materials still achieves a 65.1% ratio of Class I materials overall.
A strict 65% Class I ratio is not achieved on each elevation independently, and more specifically
on the north and south elevations which are the shorter sides of the building and the gable ends.
In part this is due to the elements on the roof which are recessed from the building fagade, such
as the mechanical well screening, gables, and dormers. Omitting those recessed rooftop elements
from the calculations yields Class I ratios above 65% on the north and south fagades.
Building Address Numbers — Building address numbers should be installed consistent with the
provisions of Section 2.78 of City Code.
Landscaping/Screening — The Landscape Plan appears acceptable. The plan shows a variety of
deciduous and evergreen shrubs, trees and perennials throughout the property. The east side of
the site is proposed to be landscaped with a continuous row of dogwood and arbor vitae between
the parking lot and Pilot Knob Road. On the west side, a row of Compact Cranberrybush shrubs
screens parking from Knob Drive. Shade trees are proposed around the edge of the playground
area and along the west side of the building. Shade trees also line the parking lot. The narrow
north end of the property includes a few ornamental and evergreen trees near the stormwater
basin. Both the trash enclosure and transformer equipment are landscaped with screening plant
materials.
Automatic irrigation should be provided for all landscaped areas, and should be noted on a
revised Final Landscape Plan prior to release of the Conditional Use Permit for recording. A
financial guarantee for installation of the landscaping should be provided in accordance with the
City's Landscape Ordinance, at the time of Building Permit.
Trash Storage — A trash enclosure is located at the northwest corner of the building, and is
attached. The trash enclosure meets the minimum 30' structure setback from Knob Drive and is
landscaped on both sides. The trash enclosure is proposed to be constructed of brick to match the
building. The enclosure should be large enough to contain both trash and recyclable materials
containers and should be constructed of materials to match the building with an opaque gate that
is compatible with the building finish materials.
Mechanical Equipment — City Code requires a minimum 30" parapet or screen wall for new
buildings, and that rooftop mechanical units be placed at least 20' from the edge of the building.
The building architecture provides a pitched roof design with a screen wall around a mechanical
well designed to hold the rooftop equipment. The mechanical well is in the center of the
Planning Report — Shingobee Builders
June 28, 2016
Page 6
building, the screen wall is greater than 30" height is part of the roof design, and is made of
materials that match other architectural features of the building.
A ground mounted electrical transformer is located off the northeast corner of the building. The
landscape plan shows landscaping on all four sides of the transformer; three of which include
evergreen shrubs.
Site Lighting — The City Code states "Site lighting is required as is necessary for security, safety
and traffic circulation. Such illumination shall be indirect and diffused or shielded. Lighting
shall not be directed upon public rights-of-way or adjacent properties and the source of light shall
not be visible from off the property."
The Site Lighting Plan proposes LED light fixtures on a 20' pole, and wall packs on the building.
The photometric plan appears acceptable. Minimum illumination levels of 0.5 footcandles are
indicated throughout the parking lot, with light levels below one footcandle at the site perimeter
and near zero on the west side adjacent to Knob Drive.
Site Grading — Site grading occurred with previous development to the south. The site generally
slopes from south to north to south, with elevations ranging from 946 to 921.
The preliminary Grading Plan is acceptable, with modification. All public and private streets,
drainage systems, and utilities necessary to provide service to this development should be
designed and certified by a registered professional engineer in accordance with City adopted
codes, engineering standards, guidelines, and policies.
A detailed land disturbance and erosion control plan should be prepared in accordance with
current City land disturbance and erosion control regulations prior to final plat approval.
All erosion/sediment control plans submitted for development and grading permits should be
prepared by a designer who has received current Minnesota Department of Transportation
(MNDOT) training, or approved equal training as determined by the City Engineer in designing
stormwater pollution prevention plans. Also, all personnel responsible for the installation of
erosion/ sediment control devices, and the establishment of vegetation for the development,
should have received Erosion/Sediment Control Inspector/Installer certification through the
University of Minnesota, or approved equal training as determined by the City Engineer.
Wetlands — Because there are no wetlands on site, City Code § 11.67, wetland protection
and management regulations, does not apply.
Storm Water Management/Water Quality and Stormwater Drainage — The applicant proposes a
new development on vacant property, resulting in 0.74 acres of new impervious surface, and an
additional 0.71 acres of disturbed/graded soils, on the 1.44 -acre site. This new development will
need to comply with the City's Post Construction Stormwater Management Requirements (City
Code §4.34) for stormwater management and surface water quality, including Runoff Rate
Planning Report— Shingobee Builders
June 28, 2016
Page 7
Control and 1.1" Volume Control (including Soil Management Strategies to restore permeability
to disturbedsoils that are to be revegetated).
The applicant proposes to meet City water quality requirements through construction of one
vegetated infiltration basin with one sump manhole upstream of the basin inlet for pretreatment.
Rate control is proposed to be provided by the infiltration basin.
Eagan Water Resources has reviewed the applicant's plans, stormwater design summary and
modeling provided for stormwater management and finds the proposed plans to meet City Code
§4.34 Post -Construction Stormwater Management Requirements are acceptable with conditions
to ensure infiltration capability, stable inlet, effective pre-treatment, effective soil remediation to
restore soil permeability (on all disturbed soils that are to be revegetated), construction
techniques, staging and oversight, and future maintenance for continued function.
Storm Water Drainage — The entire site lies within Drainage District B (as designated in the City
Storm Water Management Plan — 2007). The preliminary storm drainage plan is acceptable.
Private storm sewer would be installed throughout the site, and be directed into an infiltration
basin to be built at the north end of the parcel. The infiltration basin would be connected to the
public storm sewer along Knob Drive, which ultimately flows to city pond BP -27 to the west.
Utilities — The preliminary utility plan is acceptable, with modification. Lateral sanitary sewer
and water main service stubs of sufficient size, depth, and capacity are available for connection
to this development. Sanitary sewer District N (as designated in the City's Comprehensive
Sanitary Sewer Plan) serves the entire site. This development should provide hydrant spacing
and locations in accordance with City Fire Department and Public Works standards.
In 2004, the Eagan Technology Task Force recommended that broadband and fiber optic
telecommunications networks be expanded in the city wherever possible. The applicant should
submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber
to the premises (FTTP) The applicant should provide such a plan for review and approval by City
staff. This development should include the installation of fiber optic cable, or a conduit for
future installation, in its construction plans at the time of Building Permit.
Streets/Access/Pedestrian Circulation — This property will take direct access to Knob
Drive, which is a 32 foot wide, two lane, local street with a statutory speed limit of 30
mph, and parking allowed on both sides.
A traffic study was performed from Aug. 8, 2015, to Aug. 10, 2015, to determine the
current traffic volumes and speeds on Knob Drive. The study showed an average volume
of 315 vehicles per day, and an 85th percentile speed (speed at which 85% of vehicles are
traveling at, or below) of approximately 29 mph.
The existing traffic volumes and speeds are generally considered very low compared to
other residential streets throughout the city. The proposed preschool is estimated to
Planning Report — Shingobee Builders
June 28, 2016
Page 8
generate approximately an additional 400 vehicles per day. The combination of existing
and new traffic generated by the preschool is well within the capacity of the roadway.
The proposal includes a looped driveway with two access locations on Knob Drive.
Construction of those driveways will require removal of concrete curb and gutter along
Knob Drive. The developer should be responsible to restore the street, curb and gutter,
and boulevard in a manner acceptable to the City Engineer.
An existing bituminous trail is located along the western boulevard of Pilot Knob Road.
No new pedestrian facilities are proposed with this development.
Signage — All signage is subject to City Code standards, and requires a Sign Permit prior to
installation. City Code allows one monument sign and up to three building signs on two building
elevations. The proposal shows one building sign on the north fagade on the gable wall over the
front building entrance. A monument sign is proposed on the west side of the property along
Knob Drive, which satisfies the minimum 10' setback from the right-of-way.
Financial Obligation — At this time, there are no pending assessments on the parcel.
Based upon a study by City staff of the financial obligations collected in the past and proposed
use for the property, all trunk utility fees have been previously collected for this property.
Tree Preservation — There are no tree preservation issues associated with this development
proposal.
Parks and Recreation — The development is subject to cash park and trail dedications payable at
the time of Building Permit at the rates then in effect. The 2016 park dedication rate is $912 per
1,000 s,f. of building, and trail dedication is $1,251 per net acre of land area.
SUMMARY/CONCLUSION
Shingobee Builders is requesting approval of a Conditional Use Permit to allow an
approximately 10,400 s.f. single -story childcare facility upon the property at 4150 Knob Drive.
The property is zoned Limited Business, which allows day care centers as a conditional use.
The proposed childcare facility appears to be compatible with adjacent uses and is consistent
with the underlying land use designation. The building is designed with a quasi -residential
character to blend with both existing commercial uses in the area and the residential development
to the west. There are no Variances associated with this proposal.
ACTION TO BE CONSIDERED
To recommend approval of a Conditional Use Permit to allow a daycare facility upon property
located at 4150 Knob Drive.
Planning Report — Shingobee Builders
June 28, 2016
Page 9
If approved the following conditions shall apply:
1. This Conditional Use Permit shall be recorded with the Dakota County Recorder's office
within 60 days of approval by the City Council, with the following exhibits:
• Site Plan dated June 17, 2016
2. There shall be no more than two school vans/buses kept on the property, and such vehicles
must be parked within a standard parking stall.
3. The building shall meet City Code standards for exterior materials to be verified at the time
of Building Permit application.
4. Building address numbers shall be reviewed for consistency with the standards in Section
2.78 of City Code, and new address number signs installed if necessary to achieve
compliance.
5. The developer shall submit a revised Landscape Plan which includes automatic irrigation
prior to release of the Conditional Use Permit for recording.
6. A financial guarantee for installation of the landscaping shall be provided in accordance with
the City's landscape ordinance at the time of Building Permit.
7. The trash enclosure shall be constructed of brick to match the building, with an opaque gate
that is compatible with the building finish materials.
8. 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.
9. A detailed land disturbance and erosion control plan shall be prepared in accordance with
current City land disturbance and erosion control regulations and submitted prior to any site
disturbance.
10. All erosion/sediment control plans submitted for development and grading permits shall be
prepared by a designer who has received current Minnesota Department of Transportation
(MNDOT) training, or approved equal training as determined by the City Engineer in
designing stormwater pollution prevention plans. Also, all personnel responsible for the
installation of erosion/ sediment control devices, and the establishment of vegetation for the
development, shall have received Erosion/Sediment Control Inspector/Installer certification
through the University of Minnesota, or approved equal training as determined by the City
Engineer.
Planning Report — Shingobee Builders
June 28, 2016
Paae 10
11. This development shall meet the City's Post Construction Stormwater Management
Requirements (City Code §4.34) for stormwater management and surface water quality,
including Runoff Rate Control and 1.1" Volume Control on the site's new and fully -
reconstructed impervious surface area (including effective soil remediation for the site's
disturbed soils that are to be revegetated).
12. Prior to receiving city approval to permit land disturbing activity, the developer shall provide
the City with soil boring logs from a minimum of two soil -borings within any proposed
infiltration area, extending a minimum of 10' below the bottom of the proposed infiltration
feature, to evaluate and ensure suitability for infiltration. If the soil boring logs indicate
incompatibility of existing sub -soil permeability with the submitted and reviewed design
plans for meeting volume control requirements, the developer shall revise the design and/or
construction plans (e.g. over-excavation/soil-amendment depth, etc.) to ensure volume
control requirements are fully met.
13. Prior to receiving city approval to permit land disturbing activity, the developer shall provide
construction details of any proposed infiltration practice for City review/acceptance by the
City Engineer. Construction details shall include infiltration basin cross-section(s),
construction sequencing/protection notes, sizing/volume tables, details for stable inlet,
overflows, outlets, unobstructed maintenance access areas to inlet/outlet, soil amendment
criteria, planting plans/details, etc., to ensure infiltration practice is properly designed,
constructed, planted, and adequately protected during / after construction to prevent clogging,
and able to be properly maintained (e.g. unobstructed equipment access, etc.) to function as
intended. These graphical details and notes shall be prominently included in all applicable
plan sheets (e.g. Erosion & Sediment Control Plan, Grading & Drainage Plan, Utility Plan,
Landscape Plan, etc.).
14. Prior to receiving city approval to permit land disturbing activity, the developer shall provide
detailed Soil Management Strategies for City review, and acceptance by the City Engineer,
that provide for assurances that by final grading the disturbed areas that are to be revegetated
will have protected and/or restored soil permeability to non -compacted soil conditions, to
comply with Volume Control requirements. These graphical details and notes on soil
protection/restoration shall be included in the Stormwater Management Plan and prominently
included in all applicable plan sheets (e.g. Erosion & Sediment Control Plan, Grading &
Drainage Plan, Utility Plan, Landscape Plan, etc.).
15. Prior to receiving city approval to permit land disturbing activity, the property owner shall
enter into a long-term stormwater management system maintenance agreement with the City,
detailing the inspection and maintenance required to ensure proper operation and
performance of the permanent stormwater management system, in a form acceptable to the
City Attorney.
16. During infiltration practice over -excavation and sub -soil work, the developer shall ensure that
a Certified Soil Scientist will be present to verify and document that infiltration practice area
Planning Report — Shingobee Builders
June 28, 2016
Paae 11
sub -soils are suitable for a saturated condition infiltration rate of 1 -inch per hour or greater
(but less than 8.0 -inch per hour). If the sub -soil infiltration rates are less than 1 -inch per hour
(or greater than 8.0 -inch per hour), the developer shall immediately notify the City Engineer
and revise the volume control practice(s) as necessary (e.g. over-excavation/soil-amendment
depth, etc.) to ensure volume control requirements are fully met. At completion of final
grading within the infiltration basin, but prior to planting, the applicant shall ensure that a soil
scientist will be present to verify and document that the infiltration practice is suitable to
infiltrate a minimum of 1 -inch per hour or greater in saturated conditions. Documentation
shall be provided to the City within 48 -hours after infiltration testing. The developer shall
provide the City with 24-hour advance notice of the occurrence of soil infiltration observation
and verification.
17. Before the city issues a Certificate of Occupancy on the development site, the developer shall
provide the City Engineer as -built plans that demonstrate that all constructed stormwater
conveyance structures, stormwater management facilities (sump, infiltration practice, etc.),
and soil management strategies conform to design and/or construction plans, as approved by
the City. As -built volumes (for retention) shall be provided for the infiltration practice.
Documentation shall be provided to verify soil management strategy compliance. The
developer shall submit to the City Engineer certification that the stormwater management
facilities have been installed in accord with the plans and specifications approved. This
certification shall be provided by a Professional Engineer licensed in the State of Minnesota.
18. This developer shall provide hydrant spacing and locations in accordance with City Fire
Department and Public Works standards.
19. The developer shall submit a proposal/infrastructure plan to be approved by staff to provide
telecommunications fiber to the premises (FTTP). The development shall include the installation
of fiber optic cable, or a conduit for future installation, in its construction plans at the time of
Building Permit.
20. The developer shall be responsible to restore the street, curb and gutter, and boulevard in a
manner acceptable to the City Engineer.
21. The developer shall be responsible for the acquisition of all regulatory agency permits
required by the affected agency prior to the issuance of a building permit.
22. The development is subject to cash park and trail dedications payable at the time of Building
Permit at the rates then in effect.
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integrity. The Cornerstone.
To: City of Eagan Planning Commission
From: Jon Fahning, Vice President — Real Estate Development
Date: May 31, 2016
Re: Request for Conditional Use Permit within the Limited Business District
Prestige Preschool Academy - Submittal Narrative
On behalf of our tenant, Prestige Preschools Academy, Shingobee Real Estate Company,
LLC/Shingobee Builders, Inc. are proposing the development and construction of a child care
facility as part of the 1.44 acreas of vacant land (PID##104260002030) near the northwest corner
of Pilot Knob Road and Diffley Road. Our request is for the acceptance of the request for a
Conditional Use Permit to allow the construction and development of a single -story childcare
facility within the Limited Business zoning classification. This location will be part of the
Prestige Preschools portfolio within the Twin Cities metro area, with two recent completed in
Brooklyn Park and Apple Valley, in addition to two starting construction in Minnetonka. and
Maple Grove. Six to eight additional facilities are anticipated for the metropolitan area,
including the Eagan trade area.
The Conditional Use Permit will allow the construction and development of a single story
childcare facility estimated at around 10,000 sf . The facility would be licensed to provide
educational and childcare services, including infant care, private kindergarten, along with before
and after school, and half day programs, in which the capacity will be deterimned by the
childcare licensing application to the State of Minnesota. In addition to the building, the
developoment of the site would accommodate playground, outside play area, and adequate
parking to service the intended use of the property as depicted in the proposed site plan included
as part of the submittal package. The construction of the property is intended to start Fall, 2016,
and is anticipated to be completed and delivered to our tenant near June, 2017, to allow for
opening. Design, review and final licensing of the facility will determine the final square
footage and in turn, the license capacity of the facility.
Currently near the site, there is a mix of single family residential, commercial, and retail uses,
The development of this property is intented to blend in both functionally and aesthetically with
the surrounding properties and uses. The anticpated impact to the site would be one in a positive
nature, providing additional services to the needs and desires of the residents of the area while
enhancing the current businesses in the area. The proposed use would also provide a positive
...................... -- ....... _.. ...... _..._ .....
Construction kProject Management Real Estate Development I.Ai
}g
£ I k4 ...
669 North Medina Street PO. Box 8 Loretto, MN 55357 763.479.1300 763,474.326 fax www.shing-obee.com
OC EVA
City of Eagan Planning Commission
May 31, 2016
Page 2
change to the property tax levy on this property. The intent of the location is to build the
business based on the current population in the area while also capturing opportunities from the
current traffic patterns of both Diffley Road and Pilot Knob Road. With the facility operating
from 6:30 AM to 6:30 PM Monday thru Friday and closed on weekends, we see a positive
impact to the surrounding businesses based on the enrollment strategy of the facility and a source
to additional patrons to the surrounding businesses.
The orginally intended use of the property was that of general commercial type facility, as
identified in the recent rezoning to Limited Business. The proposed facility and its use would
fall into that original intent. It is understood that the current infrastructure (water, sewer, storm
water run-off, and roadways) in place was designed to accommodate a commercial -type use,
which our proposed function and design would fall into and anticipate operating within the
current capacity of the infrastructure in place.
The benefit to the area will be provided both from an aesthetic and strategic business increase.
The design of the building is intended to blend in with the surrounding commercial and
residential neighborhood facilities, which are diverse in nature. Additionally, the development
of this site as a childcare facility will continue to demonstrate the growth and focus of the
community while completing the development of Knob Hill Professional Park in which is
ch
property has been sitting vacant for many years. With the facility's exposure on Pilot Knob
Road and safe vehicular and pedestrian access from both Pilot Knob Road and DiffeIy Road, we
anticipate a positive addition to the neighborhood retail vision of this area.
Please feel free to contact me directly with any questions or requirement of further clarifications
or information. I can be reached via phone, (763) 479-5637, or'email,
ifahning@shingobee.com.
G7r
June 24, 2016
Mark Oliver
4169 Knob Dr
Eagan, MN 55122
Dear Eagan City Planners
Re: 4150 Knob Dr Project
Our family is a resident of Eagan, residing at 4169 Knob Drive since August 2000.
I am understanding this project has been rejected in 2015 and I am unsure what has changed to
facilitate a reopening of this matter.
We were aware of the plans on the Knob Hill Professional Planned Development when we
made the decision to purchase our property. We obviously were aware that our street was a
mixture of residential and business. However, the proposed Planned Development
Amendment is causing our family great concern. The Planned Development Amendment is
primarily attempting to revise the SF of the facility from 5000 SF to 10,400 SF.
Traffic. Knob Drive is a cut -through between Pilot Knob and Diffley Road. There is no center
line. There are no sidewalks on Knob Drive. We have a significant amount of traffic cutting
through during the work time commute 7:30 am — 9:00 and 3:30 —6:30 PM. We have had
more than our share of close calls with cars speeding through at speeds up over 50 MPH. The
proposed full enrollment for the Prestige center is 204. This is going to result in an additional
100 families dropping off children on Knob Dr during the peak commute time. It was our
understanding that the Planned Development was for a Business space which would have
customers whith appointments more evenly spaced throughout the day
Parking. We understand that the code is dictating a requirement for 41 parking spaces at the
facility. With an enrollment of 204 students, that Is going to dictate by licensing a
student/teacher ratio such that the staff is going to require at least 30 parking spaces. I see the
applicant has calculated that pickup/drop time is such'that the amount of simultaneous parking
spaces required is only 10-15 spaces. As a parent who did daycare for 6 years this is not
realistic. Our most recent experience was at Primrose on Johnny Cake Ridge road in Eagan.
Primrose has 41 parking spots and similar enrollment. Routinely at pickup between 6-6:15 PM I
was forced to park at the THINK bank or CVS parking lots. It would have been very concerning
to me if I was forced into a street parking situation.
The center will have programs and dance recitals etc that will drive the requirement for many
more parking spots than can be provided on.the land parcel. We believe the original planners
who generated the Planned Development took this into account in dictating the 5000 SF design.
The City of Eagan denied a proposed office building in 2002 for the same logic.
We are concerned that it's unsafe to be parking Knob Drive for overflow due to multitude of
cars speeding by.
Thank you for your time.
Mark, Dawnette and Kendall Oliver
952-334-2451
Re: Prestige Preschool Academy Conditional Use Application -- They'... https://mail.aol.com/webmail-std/en-us/PrintMessage
From: Brent Florine <b.florine@oralsurgerycare.com>
To: chasetrouty <chasetrouty@aol.com>
Subject: Re: Prestige Preschool Academy Conditional Use Application — They're Back for Round 2M
Date: Tue, Jun 28, 2046 7:26 am
Karen,
Sure, go ahead and share my concerns. Keep me informed about any progress, and if you send me the email of
the point person for the city, it would remind me to write to them directly. I did not realize that developers were able
to recycle rejected projects to try again. I assume something significant would need to be changed, and I'm
curious to see what that is.
Thanks,
Brent
On Jun 27, 2016, at 10:28 PM, chasetrouty@aol.com wrote:
Thanks, Dr. Florine. Would it be okay with you if I relayed your concerns to the Planning
Commission? Frankly, I think your parking lot would be a prime "target" for the overflow parking, and
we share your concerns about parents crossing the street with children in tow, especially with the
traffic cutting the corner short by using Knob Drive as a pass through.
Regards,
Karen Plehier-Shaw
Sent from my !Pad
On Jun 27, 2016, at 9:38 PM, Brent Florine <b.floring _oralsurgerycare.com> wrote:
Karen,
I am unable to attend, but I have concerns mainly about parking. If their lot is not large
enough to accommodate the large influx of cars that will come at drop off and pick up
times, it will not be safe for the children. If parents park in the street or in neighboring
parking lots, walking onto the street with one or more kids in tow will put everyone at
risk. Many drivers use Knob Drive as a cutoff to avoid the Pilot Knob/Diffiey
intersection. They are in a hurry and will not be watching for kids. They would not have
been able to manufacture any more parking. If their plan calls for the same size facility,
it will still not be safe.
And I hope the Council is not considering making Knob Drive a cul-de-sac. That would
hurt the business owners who have been here even longer than the homeowners.
Thanks for your work,
Brent Florine
On Jun 24, 2016, at 9:05 AM, Karen Piehler-Shaw
<chasetroulyp_aol.com> wrote:
H! All,
I hope you have all seen the notice about the Daycare once again wanting
to build on the empty lot located on Knob Drive. Attached is a copy of part
(of 3 6/28/2016 1:02 PM
Re: Prestige Preschool Academy Conditional Use Application -- They'... https://maii.aol.com/webmaii-std/en-us/PrintMessage
of the plans they submitted to the city that I went to City Hall to review
earlier this week. The report from the Planning Commission is not going to
be available until sometime today -- which we can get from the city's
website.
From what Dennis and I could tell, nothing has really changed about the
plans, except that they added a bit more brick to the exterior. The narrative
they submitted to the city has few details (like how many children they are
planning for, and how they plan to address traffic and parking issues).
It looks like we are essentially back to where this started last year, and our
concerns have not been addressed. I hope that we can once again come
together to make sure our voices are heard. The Planning Commission
meets this Tuesday, June 28 at 6:30 at the City Hall Chambers. We need
as many people there as possible, asking questions, asking for definitive
answers, and expressing our concerns.
Please let me know if you can attend the meeting. If you cannot attend,
please email me, letting me know you share our concerns, so I can let the
Commission know how many neighbors are concerned about this plan
Also send me any questions that you have and I will address those with the
Commission.
Thank you all for taking the time to get involved in this...we need as much
help and support as we can pull togetherl
Karen Piehler-Shaw
4165 Knob Drive
612-210-5131
-----Original Message ---
From: Karen Piehler-Shaw <chasetrou1y 2aol.com>
To: dennisjshaw <dennis"s! haw0gmail.com>; kaulfamily
<kaulfamily@comcast.n®#>; dmariette <dmariette[c_,gmail.com>;
dawnette.oliver <dawneiie.oliver mail.com>; c.bour
<c.bou[Gcomcast.net>; kane9999 <kane9999@omail. m>; theschus
<theschusO,comcast.net>; dbeckerwx <dbecker.wx0gmail.com>;
kathyzerrn <kath zCa7mg ail.�m>; ogawas4
<ogawas4 .hotmail.com>; Ijolson2001 <Iiolson20016_yahoo.com>;
hughesylee <huahesylee@yahoo.com>; Ibsimonson
<Ibsimonson@comsact.net>; pethelp < thel pilotknobah.com>;
b.florine<b.florina99ora1surgerycare.com>; hilo0003
<hilo0003Coihotmail.com>; Jennifer <jennifer „eaganfamilydentist!3.com>
Sent: Mon, Aug 17, 2015 10:01 am
Subject: Fwd: Prestige Preschool Academy Planned Development
Amendment
Hi All,
Attached is some additional information that I sent to the City Clerk
for distribution to the Mayor and City Council before tomorrow night's
meeting regarding the Prestige Preschool Academy build.
Based on our conversations with the City Council members, we need as
many neighbors and buisness owners there as possible, so please plan to
attend as a show of support regarding our concerns with this plan.
If you have any additional thoughts reagarding this matter, please email me
of 3 6/28/2016 1:02 PM
Re: Prestige Preschool Academy Conditional Use Application -- ey'... https://mail.aol om/webmail-std/en-us/PrintA4essage
11
From: Angela Hilo <hilo0003@hotmaii.eom>
AF -
To: Dawnette Oliver <dawnette.oliver@gmail.com>; chasetrouty <chasetrouty@aol.com>; c.bour
<c.bour@comcast.net>; hughesylee <hughesyiee@yahoo.com>; Ibsimonson <Ibsimonson@oomsact.net>; pethelp
<pethelp@pilotknobah.com>; b.fiorine <b.florine@oralsurgerycare.com>; office <office@eaganfamilydentistry.com>:
dbeckenwx <dbecker.wx@gmail.com>; Jennifer<jennifer@eaganfamilydentistry.com>; kaulfamily
<kaulfamily@comeast.net>; ogawas4 <ogawas4@hotmail.com>; dmariette <dmariette@gmail.com>; theschus
<theschus@comcast.net>; dennisjshaw <dennisjshaw@gmail.00m>; kathyzerrn <kathyzerrn@gmail.com>;
kane9999 <kane9999@gmail.com>; Ijolson2001 <IJolson2001@yahoo.eom>
Subject: Re: Prestige Preschool Academy Conditional Use Application — They're Back fior Round 2111
Date: Tue, Jun 28, 2016 11:11 am
Hello Karen and neighbors,
Jeff Rud and I will also not be able to attend the meeting tonight. We echo Dr. Florine's concerns about
the parking and the large increase of traffic on Knob Drive. The daycare's peak traffic times will coincide
with peak traffic times on Pilot Knob Road and Diffley Road. As we all know, it is difficult and often
dangerous to make a left turn (or even a right turn) on to either of these roads at rush hour times. To
greatly increase the the number of cars trying to turn onto Pilot Knob Road and Diffley Road from Knob
Drive during the morning and evening rush hours, will certainly lead to traffic back-ups on Knob Drive
and unsafe driving conditions. This will be a daily concern for the homeowners, the business tenants
and our patients.
We would also hope to see a more attractive plan for the design of the building, and hopefully the side
that would back up to the 4178 Building will be of the same grade of building materials and design as
the other sides.
Thanks for organizing,
Angie Hilo
Eagan Family Dentistry
From: Dawnette Oliver <dawnette.oliver@gmaiLcom>
Sent: Tuesday, June 28, 2016 9:55:26 AM
To: chasetroutv@aol.com: c.bour@comcast.net; hughesylee@yahoo.com Ibsimonson@comsact.net;
pethely@pilotknobah.com: b.florine@oralsyMervcare.com; office@eaganfamiiydentist[X.com
dbecker.wx@gmail.coma hilo0003@hotmail.com; yennifer@eaganfamilydentistrv.com; kaulfamily@comcast.net:
ogawas4 hotmail.com; dmariette@gmail.com; theschus@comcast.net: dennisishawfa gmail.com;
kathyzerrn@gmail.com; kane9999@gmaiLcom;Iiolson2001@vahoo.com
Subject: RE: Prestige Preschool Academy Conditional Use Application They're Back for Round 2111
We will not be attending tonight's meeting, a swe are in Nisswa, Mn. Can someone please
read our letter at the meeting? See attached for letter.
Thanks and good luck!
Dawnette and Mark
of 4 6/28/2016 12:58 PM
Re: Prestige Preschool Academy Conditional Use Application -- They ...ttps://.m il. ol.com/we ail-std/en-us/NntMessage
47SIV,��u
From: Liana Ogawa <ogawas4@hotmail.com>
To: Karen Piehler--Shaw <chasetrouty@aol.com}
Subject: Re: Prestige Preschool Academy Conditional Use Application — They're Back for Round 2111
Date: Tue, Jun 28, 2016 12:06 pm
Hi Karen,
Thanks for making sure all of us are informed of tonight's meeting. Unfortunately, both Mark and I
have commitments tonight. We are not in favor of the Preschool. We were not in favor before and
nothing has changed.
Thanks again. �
Mark and Liana Ogawa
From: Karen Piehler-Shaw <chasetrouty@aoi.com>
Sent: Friday, June 24, 2016 9:05 AM
To: chasetrouty@aol.com; dennisjshaw@gmaii.com; kaulfamily@comcast.net; dmariette@gmall.com;
dawnette.oliver@gmail.com; c.bour@comcast.net, kane9999@gmail.com; theschus@comcast.net;
dbeckerwx@gmail.com; kathyzerrn@gmall.com; ogawas4@hotmail.com; liolson2001@yahoo.com;
hughesylee@yahoo.com; lbsimonson@comsact.net; pethelp@pilotknobah.com; b.florine@oraisurgerycare.com;
hilo0003@hotmail.com; jennifer@eaganfamilydentistry.com; office@eaganfamilydentistry.com
Subject: Re: Prestige Preschool Academy Conditional Use Application -- They're Back for Round 2111
Hi All,
I hope you have all seen the notice about the Daycare once again wanting to build on the empty lot located on Knob
Drive. Attached is a copy of part of the plans they submitted to the city that I went to City Hall to review earlier this
week. The report from the Planning Commission is not going to be available until sometime today -- which we can
get from the city's website.
From what Dennis and I could tell, nothing has really changed about the plans, except that they added a bit more
brick to the exterior. The narrative they submitted to the city has few details (like how many children they are
planning for, and how they plan to address traffic and parking issues).
It looks like we are essentially back to where this started last year, and our concerns have not been addressed. I
hope that we can once again come together to make sure our voices are heard. The Planning Commission meets
this Tuesday, June 28 at 6:30 at the City Hall Chambers. We need as many people there as possible, asking
questions, asking for definitive answers, and expressing our concerns.
Please let me know if you can attend the meeting. If you cannot attend, please email me, letting me know you share
our concerns, so I can let the Commission know how many neighbors are concerned about this plan Also send me
any questions that you have and I will address those with the Commission.
Thank you all for taking the time to get involved in this ... we need as much help and support as we can pull together!
Karen Piehler-Shaw
4165 Knob Drive
612-210-5131
-----Original Message -----
of 2 6/28/2016 12:58 PM
BRENr L. FLORINE DD S.
Oral and Maxillofacial Surgery
4151 Knob Drive, Suite 101 • Eagan, MN 55122
651.688.8592 o zozozo.oralsurgerycare.com
July 1, 2016
RE: Case #21 -CU -08-05-16
Conditional Use Permit — Prestige Preschool Academy
Dear City Council and Mayor,
Diplomate American Board of
Oral and Maxillofacial Surgery
This Conditional Use Permit gives me safety concerns for the children who would attend the preschool. What was
essentially the same proposal was DENIED last year for a number of good reasons. Some administrative sleight of
hand reclassified the parcel so that it is no longer bound by a 5,000 sf size limitation. The building proposed last year
was DENIED in part because of its size relative to the parcel; administrative reclassification did not increase the size
of the lot and the recycled but essentially identical proposed building and use have the same characteristics that led
to DENIAL of the conditional use permit last year.
My biggest concern is that the size of the parking lot would not contain the number of cars that will be at the center
at peak times. Fifteen employees means that sixteen spots will be available for 178 children, and most of the drop off
and pick up will occur during peak times. That's more than eleven children per parking spot, concentrated in two
short periods of the day. There would be consistent use of the street and probably my parking lot by parents who are
in a hurry to get to work and do not care to wait for a spot to open up in the center's lot.
There would be a steady flow of young and old pedestrians on the street, crossing the street, getting in and out of
cars parked on the street; most during rush hour traffic on the street itself when many of the drivers are in a hurry
themselves to get to or from work. Parents with multiple children would be challenged to keep toddlers and
preschoolers out of harm's way while crossing or walking on a busy street. Children this young just don't understand
how tragic it can be if they wander or run away from their parent for just a moment.
I appreciate the difficulty of developing this parcel, but the parcel has not changed from the time it was purchased.
Retrofitting regulations to accommodate an odd -sized lot is not an entitlement for a developer. Whatever this parcel
is used for should be a self-contained entity that does not in the planning stage depend on the "existing, off-street
parking available that was provided and allowed by the City of Eagan along Knob Road (sic)" and "available for use as
overflow parking as needed for our Tenant." (Quoted from letter of explanation from developer Jon Fahning to Eagan
City Council June 29, 2016.)
This proposal should be DENIED for reasons of safety for our children. Say what you will about zoning reclassification,
materials upgrades and parking formulas, this proposal does not pass the smell test and it should be DENIED, just as
the essentially same proposal was DENIED last year.
Re pectfuli Submi ted,\
Dr. Brent Florine
We respectfully request that the Mayor of Eagan and the Eagan City Council members
deny the Conditional Use application related to the development of the property located
at 4150 Knob Drive; Lot 3, Block 2, Knob Hill Professional Park due to the issues related to
limited on-site parking, the impact on the access to the neighborhood and the safety of
the residents due to the significant increase in the amount of vehicle traffic on Knob
Drive, and other issues addressed by the neighbors representing us at the City Council
meeting, that will occur if the Shingobee Real Estate development plan is allowed to
move forward.
_ry
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bee
Integrity. The Cornerstone.
MEMORANDUM
To: City of Eagan City Council
From: Jon Fahning, Vice President — Real Estate Development
Date: June 29, 2015
Re: Case #21 -CU -08-05-16
Conditional Use Permit — Prestige Preschool Academy
Supplemental Information
As a follow-up to the Planning Commission Meeting held on June 28, 2016 in which the request
for a Conditional Use Permit was recommended for APPROVAL for the Prestige Preschool, I
wanted to provide some further insight on key discussion poiontss that occurred on a series of
items.
Update
Following the 2015 APPROVAL by the Planning Commission, which was later denied by City
Council based on the variance request of the building size (+/-10,500 sf) in relation to size
limited by the PUD (5,000 sf), a series of changes have been made to the property and proposed
plans:
Property has been rezoned to remove the PUD classification and be regulated under the
Limited Business zoning classification, which removed the square footage limitation.
Site plan and building has changed from the original application made in 2015 via a
series of internal site planning exercises and plan reiterations
o Moved the trash enclosure while maintining its connection to the bulding per
Cityof Eagan code
o Reconfigured the building to eliminate any encroachments into the set back
o Maintained current location of existing retaining wall of the adjacent property,
although it encroaches onto the property proposed for development
o No variances are being requested in comparison to previous submittal
All building material requirements per code have been satisfied
No encroachments into the setbacks by the building exist
• All setback requirements have been satisfied per code
• No variances are being requested
0 Green space has been increased to achieve 48.6% in comparison to 30%
required per code
Construction I Project Management I Real Estate Development
669 North Medina Street P.O. Box 8 Loretto, MN 55357 763.479.1300 763.479.326MAw.shingobee.com
City of Eagan City Council
June 30, 2016
Page 2
0 Building coveage ratio has been decreased to 16.5%, falling under the
20% maximum allowed per code
0 Building height remains under the 30' mean height maximum, maintaining
a 18' mean height (24'-6" peak roof height)
0 Parking meets City of Eagan code — 31 spaces
Many of the concerns previoulsy raised and heard again at the June 28th Planning Commission
meeting, are those of that would be of concern in a normal residential neighborhood. However,
this is not a normal residential neighborhood. As discussed and documented, the residential lots
were never intended for this area when the design and development of this area was
contemplated during is plat establishment in 1984. The nature of this Knob Hill Professional
Park was originally intended to operate as a Business Park, serving as homes to those businesses
falling within the Limited Business District. Due to economic factors, the property was later
rezoned to allow residential in a portion of the area, however because of the nature of the
existing business and zoned property, accommodations were not made to fully reflect a
residential neighborhood.
During the discussion and public comment following review of Conditional Use Application,
where all codes and requirements were met, there were some items that were discussed and
addressed that we felt further clarification and insight for accuracy is warranted as the
application moves forward for City Council approval. The following provides further
explanation and documentation of this information.
Licensing
In regards to questions regarding capacity and licensing, this is regulated by the State of
Minnesota. Per the State of Minnesota regulations, there are series of items that regulate
licensing. Two (2) key issues that serve as main licensing points, which were part of the
discussion, are clarified below:
Limited by the amount of indoor space (35 square feet for each child)
o Hallways, stairways, closets, utility rooms, lavatories, water closets,
kitchens, and space occupied by cribs MAY NOT be counted as usuable
indoor space
Teacher to child ratio, based on the following minimums
o Infant: 1:4 (Group size — 8)
o Toddler: 1:7 (Group size -14)
o Preschooler: 1:10 (Group size — 20)
o School Age: 1:15 (Group size— 30)
City of Eagan City Council
June 30, 2016
Page 3
Based on our floor plan proposed for Eagan, the following is a breakdown of our anticipated
"student -to -teacher" ratio. Note: this floor plan was recentl submitted and approved by the State
of Minnesota for our Brooklyn Park facility, which matches that of the areas proposed for
licensing seen in the proposed facility in Eagan, at FULL (100%) capacity.
• Young Infants: 8 children maximum
• Older Infants: 12 children maximum
• Young Toddlers: 14 children maximum
• Older Toddlers: 14 children maximum
• Junior Preschool: 20 children maximum
• Preschool 1: 20 children maximum
• Prechool 2: 20 children maximum
• Pre -K 1: 20 children maximum
• Pre -K 2: 20 children maximum
• School Age: 30 children maximum
Proposed Licensing Capacity/Total Enrollment 178 children
Note: Final Licensing Capacity will be determined by the State of Minnesot, based on
final design/floor plan
Anticipated Operation Enrollment Level 151 children
Please note: In an ideal world, childcare typically operates at 85-90% capacity to allow for
movement of children from room to room as they reach the appropriate age. Additionally, the
capacities are maximum, under the assumption of a "worst case scenario" (i.e. every child
attends every day of the week). The quantities do not reflecct kids that are full time, part time (1,
2, 3, 4, and/or 5 days a week), sick, or may not be in attendance. Also, the Anticipated
Operation Enrollment Level quantity does not differentiate between part-time (morning only or
afternoon only) vs. full time (all day) each day, nor does it represent part-time (2-3 days per
week) vs. full time (every day). With these taken into consideration, daily avereage enrollment
levels would be lower than licensing capacity.
Based on our existing facilities and at the typical operating capacity, our employee quantities are
typically operate around (15) employees, some being full time and some being part time,
fluctuating based on enrollment levels.
City of Eagan City Council
June 30, 2016
Page 4
Parking
As noted, the site plan provides parking (31 spaces) that meets the existing code (10 spaces plus
1 space per 500 sf) in place at City of Eagan. After further investigation, it was found the parking
requirement for childcare at the City of Eagan matches or exceeds other municipalities. Here are
some examples, with number of spaces based on Eagan building size in parentheses:
• Brooklyn Park: 1 space per 7 children licensed (25 spaces)
• Apple Valley: 10 spaces plus 1 space per 500 sf (31 spaces)
• Edina: 1 space per full-time employee plus 1 space per 20 children (30 spaces)
• Blaine: 1 space per full-time employee plus adequate off-street parking (21 spaces)
Additionally, based on preliminary conversations with our engineering group, based on the
design standard established within the City of Eagan Zoning Ordinance, the parking ratio
matches that within the Institute of Transportation Engineers, Parking Generation — 4th Addition,
manual.
As stated during the discussion, there is existing, off-street parking available that was provided
and allowed by the City of Eagan along Knob Road. Although we cannot use the parking to
fulfill our requirement, it is available for use as overflow parking as needed for our Tenant, along
with other busiensses and residences in the area.
Traffic
It was identified that there is an existing traffic issue in the area, due to the use of Knob Drive as
a "cut-thru" between Diffley Road and Pilot Knob Road at certain times of the day. However, it
was also noted that the issue being raised is not related to the design standard of the street, as the
current traffic levels fall below the minimum range of the design standard as stated by the City
Engineer and the traffic study that was completed by the City of Eagan.
As noted in the discussion, the original design of Knob Drive was to support commercial and the
flow did not originally contemplate residential along this road. When the property to the west of
Knob Drive was rezoned to residential, there were a series of items that were not addressed to
accommodate this revised land use and is now being recognized as this property undergoes
development review.
Unfortunately, no matter the use or size of building on this property, traffic patterns along Knob
Drive will be an issue with the residents as the intent and the actual use of the street and area as
changed. It is unclear on how this situation is allowed to impede the development of this
property, as discussed during the previous City Council meeting.
City of Eagan City Council
June 30, 2016
Page 5
In the effort to further represent the trips generated by childcare, as discussed with limited data,
below is a breakdown of traffic patterns for (3) of Prestige Preschools' higher performing and
vehicular -dependent facilities within their current portfolio — Irvine, California; Chino Hills,
California; and Roseville, California. Based on the "sign -in" and "sign -out" forms from these
locations, the following summary provides a snapshot of the traffic patterns:
• 6:00 AM — 9:00 AM 43% of trips
• 10:00 AM — 3:00 PM 21% of trips
• 4:00 PM — 6:00 PM 36% of trips
Please note: Based on the operating hours of the childcare, traffic would be limited between the
hours of 6: 30 AM to 6: 30 PM, Monday thru Friday, with no operations nor traffic genereated by
the childcare facility occurring on the weekends. Also, traffic flow from facility would need to
take into consideration that families may have multiple children attending the facility, reducing
the trip count.
As documented from actual facilities, traffic patterns are at specific times during the day for
childcare. In comparison, the traffic generated by those uses (i.e. medical, office, etc. — see
below for permitted uses in this zoning district) on a smaller footprint would occur consistently
throughout the day, typically having a larger impact on the traffic in the area, during the day
based on the use and clientele. This would be in addition to the morning and afternoon patterns
related to the arrival and departure of the employees. Additionally, weekend and evening traffic
impact may be seen, based on potential uses allowed in this zoning district.
Based on prelimnary research and discussions with industry professionals, along with
preliminary review of the Institute of Transporation Engineers Manual, 4th Edition, it is clear that
there are uses within the permitted and conditional uses of the Limited Business District that
would generate equal or greater traffic patterns as a smaller buidling footprint in comparison to a
+/- 10,333 sf childcare facility, when compared to the childcare's operating days and times of
operation vs. the alternative use's days and times of operation.
Design
Within the application, elevations and materials breakdowns have been provided that
demonstrate the materials proposed that meet the code requirements for the Limited Business
classification. From our 2015 submittal, the design of the building has slightly changed
(additional architecural features, colors, internal layout, etc.) however the overall look and
presentation of the building is matching that of the other facilities that have been built locally
(i.e. Apple Valley and Brooklyn Park) and those currently starting construction (Maple Grove
and Minnetonka). The general approach to the design is to reflect a residential character (i.e
City of Eagan City Council
June 30, 2016
Page 6
pitched roof, materials, etc.) while providing a transitional approach to the commercial aspect of
the original intent of the current use of other parts of the business park.
With the minimal changes in the exterior design and layout since our original application, an
additional neighborhood meeting was not held from the original one held on July 20, 2015, in
which input was heard and incorporated into the design and planning, as possible, from the
neighbors.
Uses
During the recent public discusison, there was a limited list of potential uses mentioned during
the discussion, with the focus around office and medical uses. After further research and based
on the Limited Business zoning classification within the City of Eagan, the following list
provides further insight of permitted and conditional use, posing potential development
opportunity on this property, in addition to childcare:
Permitted Uses
o Clinics (for human care and medical procedures)
o Freestanding satellite dishes
o Funeral homes and mortuaries, including crematoriums
o Institutional uses: library, swimming pools, churches, public schools, religious
centers, health centers, and community buildings
o Municipal buildings
o Offices (retail sales or warehousing not allowed)
o Professional offices, banks, and savings and loan
o Public utility tower mounted antennaes
Conditional Use
o Nursing, rest, retirement homes or hospitals
o Art, interior decorating, photographic or music studio,
o Radio or television studio
o Private clubs or lodges
o Museums, art institutions, galleries, and playhouses
o Off-site, off-street parking
o On -sale liquor in conjunction with restaurant
o Restaurant — full service and casual only
o Seasonal outdoor sales
o Coffee kiosks (drive thru)
City of Eagan City Council
June 30, 2016
Page 7
Based on the public comments regarding the childcare use, it is evident that some of the uses
above , if developed, would potentially serve to be more problematic than the proposed childcare
facility, including but not limited to, in relation to the impact of traffic, parking, noise, and other
deemed "nuisances, hazards, and saftey issues" to the residential component to the Knob Hill
Professional Park.
Based on the above information, I will be reaching out to each of you individually to follow up
on the above information and application, while willing to listen, discuss, and address any
questions you may have related to this project and its application. Please feel free to contact me
directly with any questions or requirement of further clarifications or information. I can be
reached via phone, (763) 479-5637, or email, jfahning@shingobee.com.
Thank you for your review and consideration!
Agenda Information Memo
July 5, 2016, Eagan City Council Meeting
New Business
D. Conditional Use Permit— Matheson Gas
Action To Be Considered:
To approve (or direct preparation of Findings of Fact for Denial) a Conditional Use Permit to
allow the outdoor storage of compressed and liquefied gases, storage buildings, as well as
vehicles and trailers, on property located at 3191 Mike Collins drive, subject to the conditions
listed in the APC minutes.
Required Vote For Approval: Majority of Councilmembers present
Facts:
➢ The existing 33,000 SF warehouse building, constructed in 2003, is surrounded by drive
aisles and parking lots.
➢ The property is 12 acres in size, of which 2.5 acres are wetland.
➢ The property is zoned and surrounded by 1-1 (Limited Industrial) development.
➢ The proposed storage is located to the north, south and rear of the building.
➢ The applicant received a CUP (Conditional Use Permit) for two of the areas in 2015 and
later realized additional gases would need to be stored outdoors. The new storage area
is located north of the building.
➢ The gases are proposed to be in stored in three separate gated areas. Up to 10
vehicles/trailers are also proposed to be stored at the loading docks at the rear of the
building.
➢ The proposed storage is consistent with the outdoor storage requirements found in the
City Code.
If approved, the requested CUP will replace the CUP approved last year.
➢ A public hearing was held at the June 28, 2016, Advisory Planning Commission meeting
and the APC did recommend approval.
Issues: None
60 -Day Agency Action Deadline: July 17, 2016
Attachments: (4)
NBD-1 Location Map
NBD-2 Draft June 28, 2016, APC Minutes
NBD-3 Planning Report
NBD-4 Exhibits
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Advisory Planning Commission
June 28, 2016
Page 21 of 22
E. Matheson Tri -Gas
Applicant Name: Michael Summerbell, Matheson Tri -Gas
Location: 3191 Mike Collins Drive; Lot 1, Block 1, Eagandale Center Industrial Park No 18
Application: Conditional Use Permit
A Conditional Use Permit to allow outdoor storage of compressed and liquefied gases, outdoor
parking of tractor, trailers and trucks and accessory buildings for storage.
File Number: 11 -CU -07-05-16
City Planner Ridley introduced this item and highlighted the information presented in the City
Staff report dated June 23, 2016.
Chair Filipi opened the public hearing.
There being no public comment, Chair Filipi closed the public hearing and turned the discussion
back to the Commission.
Member Piper moved, Member Sagstetter seconded a motion to recommend approval of a
Conditional Use Permit to allow outdoor storage of compressedand liquefied gases, storage
buildings, as well as vehicles and trailers, subject to the following conditions:
1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of
approval by the City Council and proof of its recording provided to the City.
2. The Site Plan shall be revised to incorporate the outdoor storage areas 1-3, 10
vehicle/trailer parking location and bollards onto one single plan.
3. The outdoor storage shall be limited to those items identified, and located as illustrated,
on the Site Plan dated April 29, 2016, as revised.
4. The applicant shall install bollards per the revised Site Plan, prior to the placement of the
outdoor storage items.
5. No additional outdoor storage shall be allowed.
6. All parking and storage areas shall be properly maintained to prevent deterioration.
7. The chain link and barbed wire fence shall not exceed 7 feet in height.
8. The applicant shall plant the six, 8' Black Hills Spruce per the Landscape Plan prior to
October 31, 2016.
9. This CUP is intended and shall supersede and replace any and all Conditional Use
Permits previously issued to the Property.
All voted in favor. Motion carried 7-0.
REPORT DATE: June 23, 2016
APPLICANT: Matheson Gas
PLANNING REPORT
CITY OF EAGAN
CASE: ll -CU -07-05-16
HEARING DATE: June 28, 2016
PROPERTY OWNER: Mike Collins Bldg LLC APPLICATION DATE: May 18, 2016
REQUEST: Conditional Use Permit
LOCATION: 3191 Mike Collins Drive
PREPARED BY: Sarah Thomas
COMPREHENSIVE PLAN: IND, Limited Industrial
ZONING: I-1, Limited Industrial
SUMMARY OF REQUEST
The applicant is requesting approval of a Conditional Use Permit to allow outdoor storage of
compressed and liquefied gases, storage buildings, as well as vehicles and trailers, upon property
located at 3191 Mike Collins Drive.
AUTHORITY FOR REVIEW
Conditional Use Permit:
City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following.
Subdivision 4C states that the Planning Commission shall recommend a conditional use permit
and the Council shall issue such conditional use permits only if it finds that such use at the
proposed location:
1. Will not be detrimental to or endanger the public health, safety, or general welfare of the
neighborhood or the City.
2. Will be harmonious with the general and applicable specific objectives of the
Comprehensive Plan and City Code provisions.
3. Will be designed, constructed, operated and maintained so as to be compatible in
appearance with the existing or intended character of the general vicinity and will not
change the essential character of that area, nor substantially diminish or impair property
values within the neighborhood.
Planning Report — Matheson Gas
June 28, 2016
Page 2
4. Will be served adequately by essential public facilities and services, including streets,
police and fire protection, drainage structures, refuse disposal, water and sewer systems
and schools.
5. Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be hazardous or detrimental to any persons, property or the general
welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors.
6. Will have vehicular ingress and egress to the property which does not create traffic
congestion or interfere with traffic on surrounding public streets.
7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
8. Is appropriate after considering whether the property is in compliance with the City Code.
Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the
Planning Commission and the Council may attach whatever reasonable conditions they deem
necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value
of other property within the district, and to achieve the goals and objectives of the
Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall
require such evidence and guarantees as it may deem necessary as proof that the conditions
stipulated in connection therewith are being and will be complied with.
BACKGROUND/HISTORY
The property was platted as Lot 1, Block 1, Eagandale Center Industrial Park No. 18 in 2003.
The parcel consists of 11.78 acres, of which 2.5 acres are wetland.
In 2015, the applicant received approval of a CUP (Conditional Use Permit) to allow outdoor
storage of compressed and liquefied gases, as well as vehicles and trailers, on the subject
property. These storage areas were located adjacent to the south side of the building and to the
rear. After the CUP was approved, it was determined additional gases would need to be stored
outdoors, due to industry standards, which would impact the outdoor storage locations and
approvals. The new outdoor storage CUP request will replace the existing approvals on the
property.
EXISTING CONDITIONS
The 33,000 SF warehouse building and parking lot were constructed with the original
development of the site in 2004. The building is surrounded by parking lots and drive aisles and
access is provided to Mike Collins Drive.
Planning Report — Matheson Gas
June 28, 2016
Page 3
The building is connected to City sewer and water services. Standard drainage and utility
easements are located along the west and east sides of the property, an easement covers City
Pond EP -1 on the north side of the property, and Northern States Power has a 50 foot wide
easement along the west property line. A railway owned by Canadian Pacific Railroad is
immediately west of the property. The site is heavily treed around the perimeter of the pond, and
the rest of the site is generally open.
SURROUNDING USES
The subject site is surrounded by I-1, Limited Industrial properties.
EVALUATION OF REQUEST
Compatibility with Surrounding — Outdoor storage is a conditional use in the I-1 zoning
district. The proposed use appears generally compatible with the surrounding properties and
existing uses.
Site Plan — Outdoor storage is proposed in three areas on the site (identified 1-3 on the Site Plan)
consisting of compressed and liquefied gases, storage buildings, as well as vehicles and trailers.
The proposed storage located north of the building (Storage Area 2) was not part of the 2015
CUP. A portion of the existing asphalt parking lot on both the north and west side of the
building, and a portion of the grass island at the south end of the building, would be removed and
replaced with concrete pads to be used for the storage areas. Bollards, concrete curb and a 7'
chain link fence with barbed wire atop are shown around both areas where storage tanks are
proposed. Similar fencing is also proposed in the grass area, located south of the building.
Public Safety has reviewed the perimeter containment and finds it in compliance with the Fire
Code.
Outdoor Storage Requirements —
1. Outdoor storage items shall be placed within an enclosure as necessary to achieve
appropriate security and containment or for public safety reasons when determined
necessary by the city. In general business (GB) and community shopping center (CSC)
zoning districts, the enclosure shall be attached to the principal building and be
constructed of materials which are aesthetically compatible with the principal building.
In limited industrial (I--1) and general industrial (I--2) zoning districts, the enclosure may
be detached from the principal building.
A total of 10 tractors, trailers and trucks are identified on the Site Plan, located at the
loading docks at the back of the building. This area is not proposed to be enclosed. The
three locations with gas tank storage are proposed to be enclosed with bollards and
fencing.
Planning Report — Matheson Gas
June 28, 2016
Page 4
2. The storage areas shall be located in the side or rear yards and shall not encroach into
any required front building setback area or other required setbacks.
The proposal satisfies this condition. The majority of the outdoor storage occurs in the
rear yard with a portion extending into the side yards, north and south of the building.
3. The outdoor storage area shall be screened from view from the public right-of-way and
from any adjacent property which is designated for residential uses in the comprehensive
guide plan.
The proposed storage areas are screened from public right-of-way by the existing
building except for approximately 15 feet that extends beyond the south side of the
building (Storage Area 3). According to the applicant's narrative, within this area will be
"A two-sided structure for the storage of flammable gases ... (with a) canopy and
automatic dry -pipe sprinkler system. A three -sided structure constructed of concrete for
the storage of silane. This small structure would have a canopy and also have gas
monitoring." Two gas storage tanks are also proposed in this area. The area will be
screened by a 7' chain link fence.
Storage Area 2, located north of the existing building will consist of a HPM (Hazardous
Production Material) storage area. This area will include special purpose storage
buildings described in detail in the applicant's narrative.
The applicant also proposes to plant six, 8' Black Hills Spruce trees in this location to
screen the view from the public right-of-way.
4. The storage area shall not interfere with any pedestrian or vehicular movement.
The proposal satisfies this condition. The proposed location as identified on the Site Plan
allows adequate emergency vehicle access and minimal occurrence of pedestrian
movement.
5. The storage area shall not take up required parking spaces or landscaping areas.
The proposal satisfies this condition. While Storage Area 2 results in the loss of 16
parking spaces, the applicant's narrative sates, "It is our intention to relocate these 16
parking spaces to the west edge of the property as a continuation of the existing parking
on the west edge of the property. The dimensions of these parking spaces will be
maintained (10' x 18').
The I-1 zoning district requires a minimum of 25% green space on the property. The
proposal only adds 5,600 SF of hardcover to the site which still leaves over 75% of the
site as green space.
Planning Report — Matheson Gas
June 28, 2016
Paee 5
6. The storage area shall be surfaced with concrete or an approved equivalent to control
dust and erosion. The surface shall be properly maintained to prevent deterioration.
The proposal satisfies this condition.
Wetlands — City Ponds EP -1, classified as a natural wetland, is located along the northeastern
portion of this parcel. Because the outdoor storage will not result in any wetland alteration
activities, the City's Wetland Protection and Management Regulations (City Code §11.67) do not
apply.
Stormwater Management/Water Quality — The applicant proposes to increase the amount of
impervious surface by approximately 5,600 square -feet. The City's Post Construction
Stormwater Management Requirements (City Code §4.34) for stormwater management and
surface water quality do not apply because the increase in impervious surface is below 10,000
square -feet.
Utilities — The existing building on the site is connected to the City sanitary sewer and water
main systems. No additional connections are proposed with this application.
Streets/Access/Circulation — Public street access will remain unchanged at the existing location
onto Mike Collins Drive.
Financial Obligation At this time, there are no pending assessments on the parcel.
SUMMARY/CONCLUSION
The applicant is requesting approval of a Conditional Use Permit to allow outdoor storage of
compressed and liquefied gases, storage buildings, as well as vehicles and trailers. The site is
located in an industrial area and the proposed outdoor storage satisfies the six outdoor storage
criteria. The outdoor storage request includes the areas that were approved in 2015, referred to
as Storage Areas 1 and 3 on the Site Plan, as well as the vehicle and trailer parking. The request
further incorporates the storage proposed north of the building (Area 2). If approved, this CUP
will replace the 2015 CUP.
ACTION TO BE CONSIDERED
To recommend approval of a Conditional Use Permit to allow outdoor storage of compressed
and liquefied gases, storage buildings, as well as vehicles and trailers, upon property located at
3191 Mike Collins Drive. If approved, the following conditions shall apply:
This Conditional Use Permit shall be recorded at Dakota County within 60 days of
approval by the City Council and proof of its recording provided to the City.
2. The Site Plan shall be revised to incorporate the outdoor storage areas 1-3, 10
vehicle/trailer parking location and bollards onto one single plan.
Planning Report — Matheson Gas
June 28, 2016
Page 6
3. The outdoor storage shall be limited to those items identified, and located as illustrated,
on the Site Plan dated April 29, 2016, as revised.
4. The applicant shall install bollards per the revised Site Plan, prior to the placement of the
outdoor storage items.
5. No additional outdoor storage shall be allowed.
6. All parking and storage areas shall be properly maintained to prevent deterioration.
7. The chain link and barbed wire fence shall not exceed 7 feet in height.
8. The applicant shall plant the six, 8' Black Hills Spruce per the Landscape Plan prior to
October 31, 2016.
9. This CUP is intended and shall supersede and replace any and all Conditional Use
Permits previously issued to the Property.
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Appendix A: Approved in 2015 CUP
1. Cryogenic Storage Tanks
2. Outdoor HPM Storage
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Appendix B: Requested in 2016 CUP
1. Cryogenic Storage Tanks
2. Outdoor HPM Storaee
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Appendix C: NPM Storage Unit Drawings
1. Picture of 4 -door HPM Storage unit
2. Drawing of 4 -door HPM Storage unit
3. Drawing of 2 -door HPM Storage unit
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NARRATIVE FOR MATHESON GAS FACILITY at 3191 MIKE COLLINS DRIVE
Updated per request by Sarah Thomas, Planner, City of Eagan, MN — See Addenda
The zoning classification of 3191 Mike Collins Drive is 1-1. The location was previously used as a trucking
distribution center and is currently vacant.
Matheson is seeking to relocate from its current location in New Brighton, MN and lease the facility at
3191 Mike Collins Drive to use it as a production and distribution center for various compressed and
liquefied gases along with assoclated warehoused hard goods.
Cylinder gases which would be filled at this site are:
a Medical, Industrial, and high purity grade oxygen
0 Medical,industrial, and high purity grade nitrogen
® Industrial and high purity grade argon
o Medical and industrial grade carbon dioxide
Medical grade nitrous oxide
® Industrial and high purity grade helium
® industrial shielding gas mixtures containing argon/carbon dioxide/hellum/nitrogen/oxygen
Location modifications which would be required to accomplish the production functions are:
Outdoor installation of six cryogenic storage tanks which would be used to store liquid oxygen,
nitrogen, argon, carbon dioxide, and nitrous oxide. The tank systems would also include the
installation of ambient air vaporizers and a pump for each product. Perimeter fencing around
the tank pad area would be installed for security and protection.
Outdoor storage of a helium tube trailer
Creating a room within the current building that is rated for H-3 occupancy to allow for indoor
storage and filling of oxygen cylinders.
e Outdoor installation of an emergency generator to maintain power in the event of a power
outage.
0 At some point in the future, space for a hydrogen tube trailer if justified by business needs.
This facility will also serve as a distribution center to serve customers in the Minnesota market. 1n
addition to distributing products which will be produced at the facility; company owned vehicles will also
deliver welding hard goods and cylinder gases which would not be produced at the facility.
Location needs and modifications required to accomplish distribution functions would be:
0 Outdoor parking of tractors, trailers, and trucks
installation of modular, fire -rated, special purpose gas cylinder storage buildings for
inventorying gases which are classified as hazardous. This special purpose modular building will
be equipped with a fire suppression system, gas detection system, and will be continuously
ventilated. One storage module will be vented through a special purpose abatement unit which
is designed to adsorb any released gas in the unlikely event of a cylinder leak. Cylinder gases
inventoried in these storage units will be stored and redistributed. There will be no production
or use of these gases at the facility and cylinder valves on these products will not be opened at
the facility.
• Installation of perimeter fencing around the special purpose gas cylinder storage modules for
security and protection.
• Construction of a two-sided structure for the storage of flammable gases (i.e. propane,
acetylene, hydrogen). This structure would have a canopy and automatic dry -pipe sprinkler
system.
• Construction of a three -sided structure constructed of concrete for the storage of silane. This
small structure would have a canopy and also have gas monitoring.
• Installation of perimeter fencing around the flammable gas storage area and silane storage area
for security and protection.
A projected inventory of each gas type is included with this application under separate attachment.
Upon approval by the City of Eagan, Matheson's intent is to start construction as soon as construction
permits are issued targeting facility start-up by the fourth quarter of 2016.
Addenda— Mav 31.2016
Narrative Update:
Existing Conditions —The existing sight consists of a building of approximately 32,000 sq. ft. surrounded
by paving intended for use as driveway, truck dock, and vehicle parking. The building is currently
subdivided into office and warehouse usage.
2015 CUP Approval —The 2015 CUP approval consisted of utilizing the existing building for purposes of
filling and distributing cylinder gases. To support these activities, exterior modifications were requested
including 1) concrete tank pad and 2) outside storage for HPM gases and silane.
2016 CUP Request — As with the 2015 CUP, the 2016 CUP request also consists of utilizing the existing
building for purposes of filling and distributing cylinder gases. To support these activities, exterior
modifications are requested including 1) concrete tank pad, 2) outside storage for HPM gases, and 3)
outside storage of flammable gases and silane. The 2015 submission was based on a flammable gas
storage pian that was internal to the building. However, it was later identified that exterior storage
could be facilitated as depicted in the 2016 CUP request. Storing flammable gases indoors is allowed by
codes when following certain design parameters but storing flammable gases outside is generally
viewed as an industry best practice.
Site Plan Comparlson —2015 CUP vs. 2016 Requested CUP:
Please see appendix pages A and B for site plans reviewing the two CUP submittals.
Proposed Plan Details:
Location of proposed improvements
o HPM Storage Area —Located approximately 65' north of the building.
o Flammable Gas Storage Area Located adjacent to the southwest corner of the
building. This area has been designed with the appropriate fire ratings per NFPA 55 to
allow storage close to the main building.
Six new 8'tall spruce trees have been included in the plan to block the viewshed
lines from Mike Collins Drive.
Type and height offences
o HPM Storage Area — 7' high chain link with barb wire strands and privacy slats. This area
is located across from the main office area so privacy slats have been added for
aesthetic improvement.
o Tank Pad Area —7' high chain link with barb wire strands
o Flammable Gas Storage Area — 7' high chain link with barb wire strands
Type and height of enclosures
The HPM Storage enclosures are metal storage containers designed by U.S. Chemical Storage
specifically for the storage of hazardous gases and chemicals. Two styles are intended to be
deployed as part of the HPM Storage plan. Drawings are included in Appendix C.
o 2 -door style: L=23'-4"; W=9'-4"; H=9'-4".
o 4 -door style: L=27'-4"; W=10'-4"; H=9'-0".
o Notes:
The westernmost storage unit will Include an exhaust stack 10" high
Current fence height has been specified as 7' high chain link with barb and
privacy slat. If additional screening is requested, we are open to raising the
fence to 9' high. However, to allow diffusion of the exhaust stack effluent, we
recommend that the fence height is not extended past 9'.
Height of tanks (Same scope as 2015 CUP)
o Nitrogen Tank (11,000 gallon) = 34'
o Oxygen Tank (11,000 gallon) = 34'
a Argon Tank (9,000 gallon) = 29'
a Nitrous Oxide Tank (14 Ton Horizontal) = 8'
o Carbon Dioxide Tank #1(30 Ton) = 24'
o Carbon Dioxide Tank #2 (30 Ton) = 24'
Parking
o The HPM Storage Area will eliminate 16 parking spaces on the north side of north
parking lot. It is our intention to relocate these 16 parking spaces to the west edge of
the property as a continuation of the existing parking on the west edge of the property.
The dimensions of these parking spaces will be maintained (10'x 18').
New impervious surface onsite:
The total new Impervious area will be less than 5600 sq. ft. Detail of the impact of each of the three
areas is as follows:
1. Cryogenic Storage Tanks= 0 sq. ft. (entirely replacement of asphalt parking lot)
2. Outdoor HPM Storage =1200 sq. ft. (mostly replacement of asphalt parking lot)
3. Flammable Storage Area= Less than 4400 sq. ft. (trap rock used for some of area)
AGENDA
CITY OF EAGAN
REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY
EAGAN MUNICIPAL CENTER
July 5, 2016
A. CALL TO ORDER
B. ADOPTAGENDA
C. CONSENT AGENDA
1. APPROVE EDA Minutes
2. ADOPT resolution to authorize staff to repurchase Lot 1, Block 1, Cedar
Grove Parkway 4th Addition.
D. OLD BUSINESS
E. NEW BUSINESS
F. OTHER BUSINESS
;��1�L�DJ7i;l
Agenda Information Memo
July 5, 2016 Eagan Economic Development Authority Meeting
NOTICE OF CONCURRENT ACTIONS
The Council acting as the Board of Commissioners of the Economic Development Authority
("EDA") may discuss and act on the agenda items for the EDA in conjunction with its actions
as a Council.
A. CALL TO ORDER
ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to
run concurrent with the City Council meeting.
B. ADOPTAGENDA
ACTION TO BE CONSIDERED: To adopt the Agenda as presented or modified.
C. CONSENTAGENDA
ACTION TO BE CONSIDERED: To approve the Consent Agenda as presented or modified.
1. APPROVE MINUTES
EDAC1-1 Minutes of the June 21, 2016 EDA meeting.
2. ADOPT resolution authorizing staff to reacquire Lot 1, Block 1, Cedar Grove Parkway 4t"
Addition
➢ In February 2014, the EDA entered into a Purchase Agreement to sell approximately .9 acres of
land (the "Property") to MHC Cedar Grove, LLC (the "Developer") for the development of a
Hilton Home 2 hotel.
➢ The Agreement was amended on three separate occasions and the closing occurred on April
24, 2015. Under Minnesota law, the EDA is required to enter into a repurchase agreement
with the developer to make certain that the Property is put to its intended use within one year
of purchase.
➢ Due to financing delays, the Developer entered into an amendment to grant additional time
for them to commence construction.
➢ By letter dated May 16, 2016, the Developer informed our consultant, Len Pratt, that it was
unable to secure the necessary financing and requested that the EDA exercise its option to
reacquire the Property.
➢ Staff is requesting that the EDA formally authorize Staff to take all necessary steps to reacquire
the Property, including the use of litigation, if the Developer will not voluntarily cooperate in
the closing.
➢ The repurchase price for the Property is $413,823.00 (which the sale price of $459,803.00 less
the $45,980.00 commission paid by the EDA at the closing).
EDAC2-1 Location Map
EDAC2-2 Resolution Authorizing Staff to Undertake All Efforts Necessary to Reacquire Lot 1,
Block 1, Cedar Grove Parkway 4th Addition
D. OLD BUSINESS
There are no Old Business items at this time.
E. NEW BUSINESS
There are no New Business items at this time.
F. OTHER BUSINESS
There are no other items at this time.
G. ADJOURNMENT
ACTION TO BE CONSIDERED: To adjourn the EDA Meeting.
MINUTES OF A MEETING OF THE
EAGAN ECONOMIC DEVELOPMENT AUTHORITY
Eagan, Minnesota
June 21, 2016
A meeting of the Eagan Economic Development Authority was held on Tuesday, June 21, 2016 at the
Eagan Municipal Center. Present were President Maguire, Commissioner Bakken, Commissioner Fields,
Commissioner Hansen, and Commissioner Tilley. Also present were Executive Director Osberg, City
Attorney Dougherty, and Community Development Director Hutmacher.
CALL TO ORDER
President Maguire called the Economic Development Authority meeting to order.
ADOPT AGENDA
Commissioner Bakken moved, Commissioner Fields seconded a motion to approve the agenda as
presented. Aye:5 Nay:0
CONSENT AGENDA
Commissioner Hansen moved, Commissioner Fields seconded a motion to approve the Consent Agenda
as presented. Aye: 5 Nay: 0
1. It was recommended to approve the minutes of April 19, 2016.
2. It was recommended to approve the First Amendment to the Sale and Purchase Agreement for
Outlot A, Paragon Addition to CAP Acquisition, LLC.
3. It was recommended to approve a license agreement with Sheehy Construction Company for
the temporary use of Outlot A, Paragon Addition, and authorize the President and Executive
Director to execute all related documents.
There was no Old Business.
There was no New Business.
There was no Other Business.
OLD BUSINESS
NEW BUSINESS
OTHER BUSINESS
ADJOURNMENT
Commissioner Bakken moved, Commissioner Fields seconded a motion to adjourn the meeting. Aye: 5
Nay: 0
Date
David M. Osberg, Executive Director
EXTRACT OF MINUTES OF MEETING OF THE
EAGAN ECONOMIC DEVELOPMENT AUTUORITY
DAKOTA COUNTY, MINNESOTA
A regular meeting of the Eagan Economic Development Authority of the City of Eagan,
Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot
Knob Road, in said City on July 5, 2106, at 6:30 p.m.
The following members were present: Mike Maguire, Cyndee Fields, Meg Tilley, Paul
Bakken and Gary Hansen; and the following were absent: none.
Member introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING STAFF TO UNDERTAKE
ALL EFFORTS NECESSARY TO REACQUIRE
LOT 1, BLOCK 1, CEDAR GROVE PARKWAY 4TH ADDITION.
WHEREAS, on April 24, 2015, the EDA conveyed Lot 1, Block 1, Cedar Grove Parkway
4th Addition (the "Property") to MHC Cedar Grove, LLC (the "Developer"); and
WHEREAS, as part of closing, the parties entered into a Repurchase Agreement that
allows the EDA to reacquire the Property if construction has not commenced within the timeline
set forth in the Repurchase Agreement; and
WHEREAS, the Developer has indicated that it is unable to secure the necessary
financing and has requested that the EDA reacquire the Property.
BE IT RESOLVED, by the Eagan Economic Development Authority of the City of
Eagan, Dakota County, Minnesota, that the City Staff and the City Attorney are hereby directed
to take all steps necessary to reacquire the Property.
ADOPTED by the Eagan Economic Development Authority this 5th day of July, 2016.
Mike Maguire, President
David M. Osberg, Executive Director