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04/01/2008 - City Council Regular AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING April 1, 2008 6:30 P.M. 1. ROLL CALL & PLEDGE OF ALLEGIANCE P II. ADOPT AGENDA (At approximately 8: 00 p. m. the Council will take a short recess) III. RECOGNITIONS & PRESENTATIONS IV. CONSENT AGENDA f A A. APPROVE MINUTES 19 W B. PERSONNEL ITEMS -7 C. APPROVE Check Registers 19, V D. APPROVE Plaintiff's Supplemental Agreement pertaining to distribution of legal fees, dispute resolution and the p Technical Advisory Committee in the settled litigation versus the Metropolitan Airport Commission f E. APPROVE Premise Permit renewal for Eagan Athletic Association to conduct charitable gambling at Al Baker's 'P,Rb F. APPROVE Tree Maintenance Contractor License for Branch and Bough Tree Service and Landscape Care P.a► G. SET public hearing date for May 6, 2008 to certify delinquent false alarm bills p aj H. SET public hearing date for May 6, 2008 to certify delinquent weed cutting bills jp,a3 1. SET public hearing date for May 6, 2008 to certify delinquent board up bills PZW J. SET public hearing date for May 6, 2008 to certify delinquent debris removal bills Pas K. APPROVE On-Sale Liquor and Sunday License for Blazin Wings, Inc. dba Buffalo Wild Wings Grill & Bar located at 1280 Promenade Place pc* L. DECLARE miscellaneous City property to be surplus Rai? M. RECEIVE bids and award Contract 08-05, 2008 City-Wide Sanitary Sewer (Lining and Renovation) N. APPROVE revisions to municipal state aid designations of local streets p $3 O. SET public hearing date for May 6, 2008 to certify delinquent utility bills P8/ P. APPROVE Tree Maintenance Contractor License for Asplundh Tree Expert Company V. PUBLIC HEARINGS VI. OLD BUSINESS VII. NEW BUSINESS f 2,ff A. CONDITIONAL USE PERMIT AND FINAL PLAT - Aerospace Welding - A Conditional Use Permit to allow an outdoor storage tank for argon and nitrogen and a Final Plat of 3.1 acres to create one lot located at 1045 Gemini Road on Lots 24, 25 and 26, Block 5, Eagandale Center Industrial Park No. 3 in the NW '/4 of Section 11. 19,95713. PLANNED DEVELOPMENT AMENDMENT AND FINAL PLANNED DEVELOPMENT - Postal Credit Union - A Planned Development Amendment to allow a bank with a drive thru and a pylon sign and a Final Planned Development of 1.91 acres to build a bank located at 3225 Denmark Avenue on Lot 2, Block 2, Olson Burger Addition in the NW '/4 of Section 10. C. PLANNED DEVELOPMENT AMENDMENT, FINAL PLANNED DEVELOPMENT AND FINAL PLAT - Eagan Place 3rd Addition - MSP Commercial - A Planned Development Amendment to allow a medical / office building, a Final Planned Development of 3.39 acres for a medical/office building and a Final Plat of 3.39 acres located at 1225 Town Centre Drive on Lots 3 and 3, Block 1, Eagan Place 2nd Addition in the NE '/4 of Section 15. VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY L 14+ A. Call to Order B. Adopt Agenda C. Consent Agenda 1. Approve minutes of the March 18, 2008 EDA meeting D. Old Business 11o 1. CEDAR GROVE REDEVELOPMENT DISTRICT - Consider Stipulation of Settlement for Oak Trust Credit Union Property at 3880 Sibley Memorial Highway E. New Business 1Q 2. NORTHEAST EAGAN REDEVELOPMENT DISTRICT - Receive Recommendation of Finance Committee t I Regarding Northeast Eagan Redevelopment District TIF Review F. Other Business G. Adjourn X. ADMINISTRATIVE AGENDA / COUNCIL COMMENTS XI. VISITORS TO BE HEARD (for those persons not on agenda) XH. CLOSED SESSION XIII. ADJOURNMENT The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. rt~~ • City of Ema TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MARCH 28, 2008 SUBJECT: AGENDA INFORMATION FOR APRIL 1, 2008 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the April 1, 2008 City Council agenda, the following items are in order for consideration. 1 Agenda Information Memo April 1, 2008 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the March 18, 2008 regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the March 18, 2008 regular City Council meeting are enclosed on pages through. MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota March 18, 2008 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Fields, Carlson, Tilley and Bakken. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, March 18, 2008 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Carlson, Fields, Bakken, and Tilley. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, City Engineer Russ Matthys, City Attorney Bob Bauer, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA City Administrator Hedges noted that a closed session would be held for the purpose of discussing labor contract negotiations and the Wensmann/Rahn v. City of Eagan lawsuit. Councihnember Tilley moved, Councilmember Bakken seconded a motion to approve the agenda as amended. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATIONS There were no recognitions or presentations. CONSENT AGENDA City Administrator Hedges requested that a massage therapy establishment license application be added to the Consent Agenda as item O. Councilmember Tilley moved, Councihnember Bakken seconded a motion to approve the Consent Agenda as amended. Aye: 4 Nay: 0 A. Minutes. It was recommended to approve the minutes of the March 3, 2008 regular City Council meeting and the March 4, 2008 City Council Retreat as presented. B. Personnel Items. (There were no items) C. Hiring Freeze. It was recommended to approve a hiring freeze for 2008 with certain exceptions. D. Check Registers. It was recommended to ratify the check registers dated February 28 and March 6, 2008 as presented. E. Special Meeting. It was recommended to schedule a Special City Council meeting on Tuesday, April 29, 2008 at 5:30 p.m. at Eagan City Hall. F. County Wide Greening Initiative. It was recommended to approve a resolution that approves the City of Egan's participation in the County-wide Greening Initiative. G. Liquor License. It was recommended to approve a temporary on-sale liquor license for the Twin Cities Good Time Softball League. H. Liquor License. It was recommended to approve the temporary on-sale liquor license and waive the license fee for the Eagan Foundation for a wine tasting event on April 17, 2008. 1. Use Agreement. It was recommended to approve the 2008 Use Agreement with Blue Cross/Blue Shield (BOBS) that allows use of BCBS property for community soccer games and related activities and authorize the Mayor and City Clerk to sign the agreement. J. Contracting Procurement. It was recommended to adopt, as practice, the Best Value Contracting method for the procurement system of an annual maximum of 20% of the public improvement contracts for the City of Eagan. K. Contract 06-01. It was recommended to approve Work Order Number 45 for Contract 06-01, TH 149 Reconstruction. L. Final Plat. It was recommended to approve a Final Plat (Sjolseth Family Investments Addition) to consolidate two lots into one lot on approximately 1.02 acres located 3425 Washington Drive on Lots 1 & 2, Block 3, Bicentennial 3rd Addition located in the NE 1/4 of Section 16. Eagan City Council Meeting Minutes March 18, 2008 Page 2 M. Lease AjZreement. It was recommended to approve a lease agreement between the City of Eagan and St. Croix Harley Davidson. N. Tree Contractor License. It was recommended to approve a Tree Contractor License for Oleson Tree, 13967 113t` Street, Little Falls, MN. 0. Massage Therapy Establishment License. It was recommended to approve a Massage Therapy Establishment License for Kelly Thompson and Jason Erickson - Keep in Touch of Eagan, 3424 Denmark Avenue. PUBLIC HEARINGS VARIANCE - BENJAMIN LAO City Administrator Hedges introduced this item regarding a request for two variances to allow for construction of a home addition and extension of the front entrance within the 30 foot setback requirements, and two variances to allow an existing shed within a front yard and within the 30 foot setback requirement, all on property located at 1420 Oster Drive. City Planner Ridley gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he closed the hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve two Variances to allow for construction of a home addition and extension of ht front entrance within the 30 foot setback requirements on property legally described as Lot 9, Blockl, Oster Addition, located at 1420 Oster Drive, in the SE 1/4 of Section 4 subject to the conditions listed below. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Bakken seconded a motion to approve two Variances to allow an existing shed within a front yard and within the 30 foot setback requirement on property legally described as Lot 9, Block 1, Oster Addition, located at 1420 Oster Drive, in the SE '/4 of Section 4 subject to the following conditions: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been competed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing within 30 days before expiration and shall state facts showing a good faith attempt to compete or utilize the use permitted in the variance. 2. The addition shall not exceed the size shown on the proposed Architectural Plans dated February 26, 2008. 3. The addition shall comply with all other applicable Zoning Ordinance provisions. 4. The existing shed shall not be moved any closer to Skyline Road than the existing location of the shed as shown on the existing Site Plan dated February 26, 2008. 5. A building permit must be obtained prior to construction. OLD BUSINESS There were no Old Business items. NEW BUSINESS CONDITIONAL USE PERMIT (1470 ENGLERT ROAD) - MCDONALD CONSTRUCTION City Administrator Hedges introduced this item regarding a Conditional Use Permit to exceed the maximum 25% impervious surface requirement by 2.1% for property located at 1470 Englert Road. City Planner Ridley gave a staff report. Councilmember Bakken moved, Councihnember Fields seconded a motion to approve a Conditional Use Permit to exceed the maximum 25% impervious surface requirement by 2.1% for property located at 1470 Englert Road, legally described as Lot 8, Block 1, Waters Edge, in the SE 1/4 of Section 16; subject to the following conditions: Aye: 5 Nay: 0 41 Eagan City Council Meeting Minutes DRAFT March 18, 2008 Page 3 1. This Conditional Use Permits shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The impervious surface of this lot cannot exceed 27.1 3. All mitigative measures - rain garden, underground irrigation tank, and pervious pavers shall be installed according to the guidance of the Minnesota Stormwater Manual with technical assistance from the Dakota County Soil and Water Conservation District, and overseen and inspected by City staff at the time of installation. 4. The underground irrigation tank shall be continually maintained to retain and reuse stormwater as designed. The tank cannot be removed or disconnected without City approval. 5. The rain garden and pervious pavers shall be continually maintained to retain and provide infiltration of stormwater as designed. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. The regular City Council meeting was recessed at 6:40 p.m. to immediately convene a meeting of the Economic Development Authority. The regular City Council was reconvened at 6:50 p.m. ADMINISTRATIVE AGENDA There were no items for discussion. VISITORS TO BE HEARD There were no visitors who wished to be heard. Mayor Maguire recessed the regular meeting at 6:55 p.m. to convene a Closed Session. The regular meeting was reconvened at 8:03 p.m. Mayor Maguire summarized the issue regarding litigation between the City and Wensmann Realty over the former Carriage Hills golf course. City Attorney Bauer discussed the contingent settlement agreement. Mayor Maguire moved, Councilmember Fields seconded a motion to accept the Contingent Settlement Agreement between the City and Wensmann Realty, Inc. and Rahn Family LP, and authorize the Mayor and City Clerk to sign all related documents. Aye: 5 Nay: 0 Councihnember Carlson moved, Councihnember Fields seconded a motion to adjourn the meeting at 8:36 p.m. Administrative Secretary / Deputy City Clerk Date If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TDD phone: (651) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. Agenda Information Memo April 1, 2008 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Seasonal Park Laborers-- ACTION TO BE CONSIDERED: To approve the hiring of Kevin Stevenson and Tyler Gage as seasonal park laborers. Item 2. Seasonal Park Attendant-- ACTION TO BE CONSIDERED: To approve the hiring of Kathryn Merkley as a seasonal park attendant. Item 3. Seasonal Ballfield Attendant-- ACTION TO BE CONSIDERED: To approve the hiring of Geoff Cleveland as a seasonal balifield attendant. Item 4. Ratify Police Officers (LELS) Bargaining Unit Contract-- ACTION TO BE CONSIDERED: To ratify the collective bargaining agreement with the Police Officers bargaining unit (Law Enforcement Labor Services, Inc.) for 2008, 2009 and 2010. Item 5. Approve termination of Jean Babic, Custodian. ~I I I i Agenda Information Memo April 1, 2008 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated March 13, 2008 and March 20, 2008 as presented. ATTACHMENTS: • Check registers dated March 13, 2008 and March 20, 2008 are enclosed without page number. Agenda Information Memo April 1, 2008 City Council Meeting D. APPROVE PLAINTIFFS' SUPPLEMENTAL AGREEMENT PERTAINING TO DISTRIBUTION OF LEGAL FEES, DISPUTE RESOLUTION AND THE TECHNICAL ADVISORY COMMITTEE IN THE SETTLED LITIGATION VERSUS THE METROPOLITAN AIRPORT COMMISSION ACTION TO BE CONSIDERED: To approve the plaintiffs' supplemental agreement pertaining to distribution of legal fees, dispute resolution and the technical advisory committee in the settled litigation versus the Metropolitan Airport Commission FACTS: • The Cities of Eagan, Minneapolis, and Richfield, along with the Minneapolis Public Housing Authority approved a settlement in the litigation against the Metropolitan Airports Commission (MAC) regarding noise mitigation on October 19, 2007. • Under the settlement, approximately $127 million will be spent by the MAC to mitigate 9,561 homes. • Over 500 of those homes are in Eagan, meaning that Eagan received approximately $6.6 million in relief via the settlement. • As part of the settlement, the MAC was ordered to pay the plaintiffs $2.25 million for attorneys' fees and costs. • The enclosed agreement specifies the allocation of the legal fees to each plaintiff, which results in all parties receiving 88.228% of the respective legal fees expended in the litigation. • Pending Council approval, the City of Eagan will receive $67,523 for legal fees expended per the supplemental agreement. • The agreement also addresses dispute resolution as well as the representation on the technical advisory committee. ATTACHMENTS: • Enclosed on pages through is the agreement entitled, " Plaintiffs' Supplemental Agreement Regarding Consent Decree with Metropolitan Airports Commission". I PLAINTIFFS' SUPPLEMENTAL AGREEMENT REGARDING CONSENT DECREE WITH METROPOLITAN AIRPORTS COMMISSION BACKGROUND WHEREAS, Plaintiffs City of Minneapolis, City of Richfield, City of Eagan and the Minneapolis Public Housing Authority (collectively, "Plaintiffs") have been engaged in litigation ("Litigation") against Defendant Metropolitan Airports Commission ("MAC") in the District Court of Hennepin County regarding noise from the Minneapolis-St. Paul International Airport ("MSP"). State of Minnesota by the City of Minneapolis, et al. v. Metropolitan Airports Commission, et al. (Case No. 27-CV-05- 5474). The Plaintiffs brought suit pursuant to the Minnesota Environmental Rights Act ("MERA"), Minn. Stat. 116B.01, et seq., and the Minnesota mandamus statute, Minn. Stat. 586.01, et secy., seeking implementation of noise mitigation for single- and multifamily homes in the DNL 60-65 contours of MSP. WHEREAS, the Plaintiffs and MAC (collectively "Parties") have settled the litigation pursuant to a Consent Decree resolving the Litigation ("Consent Decree"), which was negotiated by the Parties to provide significant noise relief to homes in Minneapolis, Richfield and Eagan and to avoid the uncertainties and expense of further litigation. WHEREAS, the Parties submitted the Consent Decree to the Court for approval on October 17, 2007. WHEREAS, this Supplemental Agreement Regarding the Consent Decree with Metropolitan Airports Commission ("Agreement"), attached and incorporated by reference as part of this Agreement, sets forth the understanding of the City of Minneapolis ("Minneapolis"), City of Richfield ("Richfield"), City of Eagan ("Eagan"), and the Minneapolis Public Housing Authority ("MPHA") with respect to (a) the distribution of $2.25 million of attorneys' fees and costs awarded pursuant to the Consent Decree, (b) the responsibility of the Plaintiffs for the cost of the arbitrator in the event of an arbitration pursuant to Section 8.4 of the Consent Decree, (c) the responsibility of the Plaintiffs for the cost of the three-member Technical Advisory Committee ("TAC") pursuant to Sections 8.4 and 8.5 of the Consent Decree, and (d) substitution of Plaintiffs' appointed member of the TAC in certain disputes. WHEREAS, the Plaintiffs intend that the City of Minneapolis, City of Richfield and the City of Eagan (collectively "Cities") shall oversee the implementation of the Consent Decree to ensure that MAC complies with the mitigation requirements of the Consent Decree. NOW, WHEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Cities agree as follows: 1. ALLOCATION OF PLAINTIFFS' ATTORNEYS' FEES PAID BY MAC PURSUANT TO THE CONSENT DECREE. As provided by Section 7.1 of the Consent Decree, within thirty (30) days of the Court's entry of the Consent Decree, MAC shall pay the City of Minneapolis $2.25 million, representing the attorneys' fees and costs reasonably expended by the Plaintiffs in the litigation. MAC has made the required payment to the City of Minneapolis. Pursuant to Section 7.2 of the Consent Decree, Plaintiffs are responsible for the allocation of the attorneys' fees and costs among the Plaintiffs. The fees and costs shall be allocated as follows: A. Minneapolis shall reimburse the City of Eagan the total amount of $67,523.54, including its initial deposit of $25,000.00; 2 B. Minneapolis shall reimburse the City of Richfield the total amount of $113,722.36, including its initial deposit of $43,800.00; and C. Minneapolis shall reimburse to the Minneapolis Public Housing Authority the total amount of $10,587.36. Any remaining funds, together with any accrued interest thereon, have been used to pay lead counsel Kaplan, Kirsch & Rockwell, with the balance to be retained by the City of Minneapolis as reimbursement for its fees and costs incurred in the litigation. These amounts paid to Eagan, Richfield and MPHA, and retained by Minneapolis, are all accepted by the respective plaintiffs in full satisfaction of their claims for legal fees and expenses incurred in this matter. The basis for the above amounts is the Cities Attorneys' Fees Calculation, attached hereto. 2. PLAINTIFFS' COSTS FOR THE ARBITRATOR IN THE EVENT OF AN ARBITRATION PROCEEDING. Pursuant to Section 8.4 of the Consent Decree, the Parties shall submit certain disputes to binding arbitration as provided by Section 8.4(a). Pursuant to Section 8.4(f) of the Consent Decree, each party will bear its own attorneys' fees, expenses, and costs with respect to any arbitration. The cost of the arbitrator will be split, with the Plaintiffs responsible for fifty (50) percent of the costs and MAC responsible for fifty (50) percent of the costs. In the event of an arbitration proceeding, among the Plaintiffs, the Plaintiffs' fifty-percent responsibility for the cost of the arbitrator will be borne by the Cities that are involved in the arbitrated dispute. Each City involved in the arbitration shall be responsible for the cost of the arbitrator in proportion to the number of homes in that City's community that are affected by the dispute. Minneapolis Public Housing Authority (MPHA) shall have no standing except as a homeowner within the City of Minneapolis to seek arbitration and shall not be responsible for any arbitration or Technical Advisory Committee's cost, expenses or attorneys fees brought on behalf of any City or MAC. 3 ~I 3. PLAINTIFFS' COSTS FOR THE TECHNICAL ADVISORY COMMITTEE. Pursuant to Section 8.4(e)(1) of the Consent Decree, the Parties are to establish a three-member Technical Advisory Committee ("TAC"), which will consider any disputes after a period of informal negotiation but before the dispute is submitted to binding arbitration. Pursuant to Section 8.4(e)(3) of the Consent Decree, the third member of the TAC, if not a public employee, will receive a per-diem allowance for service on the TAC. The cost of the TAC, including any compensation to third members who are not public employees, will be split, with the Cities responsible for fifty (50) percent of the costs and MAC responsible for fifty (50) percent of the costs. The Cities shall split the costs associated with the TAC, except as provided in Paragraph 17 of this Agreement, in proportion to the number of homes subject to the relief in the Consent Decree in each City's community. In the event that the TAC considers a dispute that does not affect all three Cities, the Cities' fifty-percent share of the common cost of the TAC will be borne by the City or Cities that are party to the dispute being considered by the TAC. Each City involved in the dispute pursuant to Paragraph 17 shall be responsible for the cost of the TAC in proportion to the number of homes in that City's community that are affected by the dispute. 4. PLAINTIFFS' APPOINTED MEMBER OF THE TECHNICAL ADVISORY COMMITTEE. Pursuant to Section 8.4(e)(1), the MAC will appoint one member of the TAC and the Cities will appoint one member of the TAC. The MAC-appointed member and the Cities-appointed member will then appoint the third member, who will become the Chair of the TAC. Pursuant to Section 8.4(e)(2) of the Consent Decree, the Cities and MAC will have standing members of the TAC. However, the Cities and MAC may in their discretion substitute a particular member of the TAC for particular disputes under Section 8.4 or 8.5. Where only one of the Cities is affected by a dispute, that City may chose to substitute a member of the TAC for the consideration of that dispute. If more than one of the Cities is affected by a dispute and one of the Cities desires to substitute a member of the TAC, that City shall inform the other Cities. The Cities shall meet and confer regarding the request to substitute 4 a member of the TAC. If the Parties agree to substitute a member, Parties shall do so. 5. MISCELLANEOUS. Minnesota law shall control the interpretation and enforcement of this Agreement. This Agreement may be enforced in the courts of the State of Minnesota by a temporary restraining order and injunction in the event of a breach or threatened breach. Any modification to this Agreement shall be in writing and signed by all the Plaintiffs. This Agreement shall be binding upon the successors and assigns of the Plaintiffs and their respective counsel. This Agreement shall become effective if and when the Court enters the Consent Decree. This Agreement constitutes the entire current understanding of the Plaintiffs and their respective counsel with respect to its subject matter and supersedes any previous oral or written agreements relating to the subject matter of this Agreement. I 5 THE UNDERSIGNED PARTY enters into this Plaintiffs' Supplemental Agreement regarding Consent Decree with Metropolitan Airports Commission in the matter of State v. MAC. FOR THE CITY OF MINNEAPOLIS By: Susan Segal, Esq. Its: City Attorney Dated: , 2008 I, ICI 6 q THE UNDERSIGNED PARTY enters into this Plaintiffs' Supplemental Agreement regarding Consent Decree with Metropolitan Airports Commission in the matter of State v. MAC. FOR THE CITY OF RICHFIELD By: Steven L. Devich Its: City Manager Dated: , 2008 KENNEDY & GRAVEN, CHARTERED By: John M. Lefevre, Jr. (#61852) Corrine H. Thomson (#149743) 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 Dated: , 2008 7 ~S THE UNDERSIGNED PARTY enters into this Plaintiffs' Supplemental Agreement regarding Consent Decree with Metropolitan Airports Commission in the matter of State v. MAC. FOR THE CITY OF EAGAN, a Minnesota municipal corporation, By: Mike Maguire Its: Mayor By: Maria Petersen Its: City, Clerk Dated: )2008 i 'I I I 8 THE UNDERSIGNED PARTY enters into this Plaintiffs' Supplemental Agreement regarding Consent Decree with Metropolitan Airports Commission in the matter of State v. MAC. FOR THE MINNEAPOLIS PUBLIC HOUSING AUTHORITY IN AND FOR THE CITY OF MINNEAPOLIS By: Carol Kubic, Esq. Its: Director of Legal Services Minneapolis Public Housing Authority in and for the City of Minneapolis Dated: , 2008 9 l7 Cities' Attorneys' Fees Calculation (thru 1/31/08) Re: City of Minneapolis, et al. v. Metropolitan Airports .Commission. Court File No. MC 05-005474 Date: February 28, 2008 Fees Incurred MPHA $ 12,000 Richfield 128,896 (43,800 + 85,096) Eagan 76,533 (25,000 + 51,533) Minneapolis 199,434 $416,863 KKR $1,951,010 less 68,800 (deposits by Richfield & Eagan) $1,882,210 (Minneapolis paid to KKR net of other cities' deposits) $2,250,000 Award of Fees 1,882,210 367,790 (balance of available fee award) 367,790 - = 88.228% of incurred fees available for 416,863 payment MPHA recovery = $ 12,000 x 88.228% = $ 10,587.36 Richfield = 128,896 x 88.228% = 113,722.36 Eagan = 76,533 x 88.228% = 67,523.54 Minneapolis = 199,434 x 88.228% = 175,956.62 $367,789.88 Agenda Memo April 1, 2008 CONSENT AGENDA: E. Premise Permit for Eagan Athletic Association to conduct a pull-tab operation at Al Baker's Restaurant, 3434 Washington Drive ACTION TO BE CONSIDERED: Approve a Premise Permit renewal for the Eagan Athletic Association to conduct a charitable gambling operation at Al Baker's Restaurant, 3434 Washington Drive FACTS: • The Eagan Athletic Association has applied with the Minnesota Gambling Board for renewal of their premise permit to conduct a charitable gambling operation at Al Baker's, 3434 Washington Drive. • The Athletic Association has held a premise permit at Al Baker's since 2003. • The Police Department has reviewed the application and sees no reason to deny renewal. ATTACHMENTS: None. The application is available for review in the Administration Department. Agenda Memo April 1, 2008 CONSENT AGENDA: F. Tree Maintenance Contractor License for Branch and Bough Tree Service and Landscape Care ACTION TO BE CONSIDERED: Approve Tree Maintenance Contractor License for Branch and Bough Tree Service and Landscape Care FACTS: • Branch and Bough Tree Service has applied for a tree maintenance contractor license and have met all requirements of the application. • Staff has reviewed the application and deem it in order for approval. ATTACHMENTS: None. The application is available for review in the Administration Department. ~I II Agenda Information Memo April 1, 2008, Eagan City Council Meeting G. SET PUBLIC HEARING DATE FOR MAY 6, 2008 TO CERTIFY DELINQUENT FALSE ALARM BILLS ACTION TO BE CONSIDERED: To set a public hearing for May 6, 2008 to consider the final assessment of the delinquent false alarm bills and certify them to Dakota County for collection with property taxes. FACTS: ➢ On a semi-annual basis, the City reviews and considers delinquent false alarm balances for certification to property tax statements for collection. The City currently has 14 delinquent accounts in the amount of $3,410. Additional information will be provided at the time of the public hearing. ATTACHMENTS (0): I Agenda Information Memo April 1, 2008, Eagan City Council Meeting H. SET PUBLIC HEARING DATE FOR MAY 6, 2008 TO CERTIFY DELINQUENT WEED CUTTING BILLS ACTION TO BE CONSIDERED: To set a public hearing for May 6, 2008 to consider the final assessment of the delinquent weed cutting bills and certify them to Dakota County for collection with property taxes. FACTS: ➢ On a semi-annual basis, the City reviews and considers delinquent weed cutting balances for certification to property tax statements for collection. ➢ The City currently has 14 delinquent accounts in the amount of $2,601.74. Additional information will be provided at the time of the public hearing. ATTACHMENTS (0): Agenda Information Memo April 1, 2008, Eagan City Council Meeting 1. SET PUBLIC HEARING DATE FOR MAY 6, 2008 TO CERTIFY DELINQUENT BOARD UP BILLS ACTION TO BE CONSIDERED: To set a public hearing for May 6, 2008 to consider the final assessment of the delinquent board up bills and certify them to Dakota County for collection with property taxes. FACTS: ➢ On a semi-annual basis, the City reviews and considers delinquent board up balances for certification to property tax statements for collection. ➢ The City currently has two delinquent accounts in the amount of $3,228.49. Additional information will be provided at the time of the public hearing. ATTACHMENTS (0): a~ Agenda Information Memo April 1, 2008, Eagan City Council Meeting J. SET PUBLIC HEARING DATE FOR MAY 6, 2008 TO CERTIFY DELINQUENT DEBRIS REMOVAL BILLS ACTION TO BE CONSIDERED: To set a public hearing for May 6, 2008 to consider the final assessment of the delinquent debris removal bills and certify them to Dakota County for collection with property taxes. FACTS: ➢ On a semi-annual basis, the City reviews delinquent balances owed for certain services provided to property owners. The outstanding balances are certified to the property tax statements for collection. ➢ The August 2007 windstorm resulted in significant tree damage in the City. Homeowners were responsible for removal of damaged trees on their property. After a period of time, trees remaining on City boulevards were removed by the City and the property owner was subsequently billed for this service. ➢ The City currently has one delinquent account in the amount of $96.18. Additional information will be provided at the time of the public hearing. ATTACHMENTS (0): Agenda Information Memo April 1, 2008, Eagan City Council Meeting K. APPROVE ON-SALE LIQUOR AND SUNDAY LICENSE FOR BLAZIN WINGS, INC. DBA BUFFALO WILD WINGS GRILL & BAR LOCATED AT 1280 PROMENADE PLACE ACTION TO BE CONSIDERED: To approve the on-sale liquor and Sunday license for Blazin Wings, Inc. dba Buffalo Wild Wings Grill & Bar, 1280 Promenade Place. FACTS: ➢ Blazin Wings, Inc. has applied for an on-sale liquor and Sunday license. The restaurant is expected to open sometime in June 2008. ➢ Buffalo Wild Wings Grill & Bar will be opening in the former Don Pablo's location. Don Pablo's closed for business the early part of February. ➢ The required documents have been submitted, reviewed and deemed in order by City staff and the Police Department. No reason was found to deny the on-sale liquor and Sunday license. ATTACHMENTS (0): I I C~S_ Agenda Information Memo April 1, 2008, Eagan City Council Meeting L. DECLARE MISCELLANEOUS CITY PROPERTY TO BE SURPLUS ACTION TO BE CONSIDERED: To declare miscellaneous City property to be surplus and authorize its disposition. FACTS: A Throughout the year, certain City equipment is retired for a variety of reasons. Changes in technology have been a primary reason for the latest round of equipment obsolescence (see attached list.) A State law permits the sale of surplus items to the highest designation. However, in many cases, the property has little or no value due to its condition and disposal is the best option. Per the City's Policy for the Sale of Surplus City Property, surplus property that is damaged or has nominal or no value may be deemed as refuse or may be recycled. A Prior to the designation of surplus property, a list of items is circulated to all departments and, if there remains any public use of the property, it is reallocated to the appropriate department rather than being disposed of or sold. A The attached list of items has been deemed to have no useful value and will be recycled by Asset Recovery & Recycling or simply thrown away. ATTACHMENTS (1): A Surplus property list on page. aCo Surplus i Property Office i Furniture and Supplies Electric Paper Punches (2) Martin Yale Auto letter folder Postage Meter Mailing System Mini/Micro Tape Eraser Check Protector Typewriters (5) Postage Scales (2) Foot Rests (2) Chair Chair Back Support Cushion Bulletin Boards (4) Metal Rolodex Metal Desktop File Boxes (2) Micro and Mini Cassette Tapes Typewriter Supplies Box of Dot Matrix Printer Paper Audio Cassette Binders A-7 Agenda Information Memo April 1, 2008 Eagan City Council Meeting M. CONTRACT 08-05,2008 CITY-WIDE SANITARY SEWER LINING ACTION TO BE CONSIDERED: Receive the bids for Contract 08-05 (2008 City- Wide Sanitary Sewer Lining), award the contract to Visu-Sewer Clean & Seal, Inc. for the Base Bid in the amount of $123,500.00 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The rehabilitation of various existing sanitary sewer pipes throughout the City by the installation of lining was programmed for 2008 in the City of Eagan's 5-Year Capital Improvement Program (2008-2012). • The City Council authorized the sanitary sewer lining improvements of about 5,000 linear feet of existing pipe for various areas within the City with the approval of the Sanitary Sewer Operations and Facilities portion of the 2008-2012 Capital Improvement Program (C1P) and 2008 operating budget. • All of the construction activity for said improvements has been designed to occur within existing public right-of-way or easements. • At 11:00 a.m. on March 20, 2008, formal bids were received for this project. A copy of the bid tabulation is enclosed. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The low bid from Visu-Sewer Clean & Seal, Inc., has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Bid Tabulation, page. • Location Map, page BID SUMMARY SEWER LINE RENOVATION FOR CURED IN PLACE PIPE CITY CONTRACT NO. 08-05 Bid Date: Thursday, March 20, 2008 Bid Time: 11:00 a.m. Bidder 5% Bid Price per Foot Total Base Bid Bond 1. SAK Construction, LLC Yes $27.50 $137,500.00 2. Lametti & Sons, Inc. Yes $28.90 $144,500.00 3. Visu-Sewer Clean & Seal Yes $24.70 $123,500.00 4. Veit Companies Yes $29.75 $148,750.00 5. Low Bid $123,500.00 Budget Amount $145,000.00 Percent Under Budget 16% cc: Charlie Borash Wayne Schwanz Tom Colbert S s O 2063 FEET 2008 SANITARY SEWER D LINING CIP 2008 CIP Lining 0 5001,000 2,000 wE ^c-~~ ®FeE'i D s Ea p Fa~a.~oBr. Encnrv P~.,el.rc Vlowcs GlS § ..r ' My of Eap -nA PREPnaED.: - v 1.20J8 - - ¢ D~ i 5 7.77 eJD~ p _ DD DD ~a o / ¢ rc D - ..p'X'D - ` 2726 FEET t. t s _ m _4, a 1 -4% Agenda Information Memo April 1, 2008 Eagan City Council Meeting N. REQUEST MUNICIPAL STATE AID ROUTE DESIGNATION ACTION TO BE CONSIDERED: Approve a resolution requesting the Minnesota Commissioner of Transportation's approval of the designation of various existing street segments, and the removal of some currently designated street segments, on the City of Eagan's Municipal State Aid (MSA) roadway system. FACTS: • The MSA designation of a street enables the maintenance of an existing street and the construction of a new street to be financed by the City's portion of the gas tax revenue distributed by the State. Only 20% of the city's local street mileage is eligible for this designation. Of the 46.56 miles allowed in Eagan, 46.41 miles were so designated in 2007. The difference of 0.15 miles was available for placement on the system at the beginning of 2008. • The current MSA alignment for the proposed Northwood Parkway overpass and associated approach roadways does not correspond with the design that is currently out for bids. In order to correlate the MSA alignment, MnDOT has indicated that it is necessary to remove the current designation for part of Northwood Parkway/High Site Drive, from 0.06 miles east of Pilot Knob Road to Denmark Avenue, and request the realigmnent/extension of this segment of Northwood Parkway. • As a result of thorough analysis of the City's MSA street system, the removal of MSA designation for Blue Water Road, from TH 55 to Blue Gentian Road, was determined to be required to prevent exceeding the maximum allowable MSA mileage with the Northwood Parkway realignment. • The undesignated MSA mileage and the removal of the aforementioned designations provide for a total of 0.22 miles available for designation within the City in future years. • With these revisions to the MSA system, the City of Eagan can continue to ensure the City receives its maximum portion of the available an lual gas tax appropriation. ATTACHMENTS: • MSA Street Designation Map, page . City of Eagan Municipal State Aid Streets 2008 Requested Revisions _ T ~ -AGUE C`EM1TI4N ~ ~INTERSTAT 494 ¢ _ --0 G_ 134 2121 146 m M i y N Z u] 1 > Y a wn LONE OAK ROAD h - i 127, N r. 138 ~rRONK Y - =o - zz !T- HVy No. Sg 11C z P 126 142 - J 128 ~ \ y 0I IARRY m '0AJ YANKEE DO DLE ROAD 132 145 OPPEKMAN DR. 103 TES " 114 Q 0114 j X1081 106 ~WFSCOTT ROAD ,~`L ( ( 101, \\\\i~ - 1 1=~ 102 &Fh~, % DK 102 \ 1FI~ RD.) - ~Dl FLEY ROAD l 1161-'MLDERNESS-~--~ Q i 124 T 1 CLIFF 'ROAD' o J L CLIFF ROAD o , I La I I - - ' Municipal State Aid Streets ■ • • • - ■ Planned Deleted Segment N Q Planned Added Segment Q Agenda Information Memo April 1, 2008, Eagan City Council Meeting. 0. SET PUBLIC HEARING DATE FOR MAY 6, 2008 TO CERTIFY DELINQUENT UTILITY BILLS ACTION TO BE CONSIDERED: To set a public hearing for May 6, 2008 to consider the final assessment of the delinquent utility bills and certify them to Dakota County for collection with property taxes. FACTS: ➢ On a semi-annual basis, the City reviews and considers delinquent utility balances for certification to property tax statements for collection. ATTACHMENTS (0): 33 Agenda Memo April 1, 2008 CONSENT AGENDA: P. Tree Maintenance Contractor License for Asplundh Tree Expert Company ACTION TO BE CONSIDERED: Approve Tree Maintenance Contractor License for Asplundh Tree Expert Company FACTS: • Asplundh Tree Expert Company has applied for a tree maintenance contractor license and have met all requirements of the application. • Staff has reviewed the application and deem it in order for approval. ATTACHMENTS: None. The application is available for review in the Administration Department. I I' Agenda Information Memo April 1, 2008, Eagan City Council Meeting VII. NEW BUSINESS A. CONDITIONAL USE PERMIT AND FINAL PLAT - AEROSPACE WELDING ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Conditional Use Permit to allow outside storage of tanks for argon and nitrogen on property located at 1045 Gemini Road, legally described as Lots 24, 25, and 26, Block 5, Eagandale Center Industrial Park No. 3 in the NW 1/4 of Section 11, subject to the conditions listed in the APC minutes. To approve a Final Plat to create one lot located at 1045 Gemini Road, legally described as Lots 24, 25 and 26, Block 5, Eagandale Center Industrial Park No. 3 in the NW 1/4 of Section 11. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The site consists of three parcels totaling 3.1 acres and contains an existing 36,000 s.f. building constructed in 1987. ➢ A Final Plat has been submitted to consolidate the three parcels into one lot. ➢ Aerospace Welding, Inc. recently purchased the property. Aerospace Welding manufactures aircraft parts and their business involves laser cutting and welding of metals. ➢ Aerospace Welding proposes to install two outside bulk storage tanks for the argon and nitrogen used in their operations. ➢ Outdoor storage requires a Conditional Use Permit on property zoned I-1. ➢ The tanks will be located on the west side of the building on a new 13' x 23' concrete slab. A fence and bollards will be installed around the tanks for security and safety. ➢ The performance standards in the zoning ordinance pertaining to outdoor storage appear to be satisfied. ➢ The APC held a public hearing on March 25, 2008 and recommended approval. ISSUES: None 60-DAY AGENCY ACTION DEADLINE: April 20, 2008 ATTACHMENTS (2): March 25, 2008 APC minutes, pages t Planning Report, pages ~)-7 through Final Plat, page 2~ i ~ B. Aerospace Welding Applicant Name: Aerospace Welding Location: 1045 Gemini Road; Lots 24, 25 & 26, Block 5, Eagandale Center Industrial Park No. 3 Application: Conditional Use Permit A Conditional Use Permit to allow outdoor storage of tanks for argon and nitrogen. File Number: 11-CU-03-02-08 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated March 17, 2008. She noted the background and history. Chair Hansen opened the public hearing. There being no public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. Member Chavez moved, Member Heaney seconded a motion to recommend approval of a Conditional Use Permit to allow outside storage of tanks for argon and nitrogen at 1045 Gemini Road, Legally described as Lots 24, 25 and 26, Block 5, Eagandale Center Industrial Park No. 3 in the NW'/4 of Section 11 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 recording submitted to the City. 2. The applicant shall replat the parcels into one lot. 3. The two tanks for argon and nitrogen shall be of the size and located as shown on the Site Plan received February 20, 2008. 4. Bollards shall be installed as a protective barrier around the tanks. 5. Trash dumpsters shall be relocated inside the building or within an enclosure constructed in conformance with the City Code by September 1, 2008. A vote was taken. All voted in favor. Motion carried: 6-0. I II ~I PLANNING REPORT CITY OF EAGAN REPORT DATE: March 17, 2008 CASE: 11-03-02-08 APPLICANT: Aerospace Welding HEARING DATE: March 25, 2008 PROPERTY OWNER: BWA Enterprises, LLC APPLICATION DATE: Feb.. 20, 2008 REQUEST: Conditional Use Permit PREPARED BY: Pamela Dudziak LOCATION: 1045 Gemini Road COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I-l, Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Pei-mit to allow olitSide storage of tanks for argon and nitrogen at 1045 Gemini Road, Legally described as Lots 24, 25 and 26, Bloch 5, Eagandale Center Industrial Part: No. 3 in the NW '/a of Section 11. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission sliall 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, orgeneral welfare of the neighborhood or the City. 1 Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. I 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 3~7 Planning Report Aerospace Welding March 25, 2008 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, Runes, glare or odors. 6- Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic oil surrounding public streets. 7 Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deer 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 deer necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND/HISTORY The existing industrial building was constructed in 1987. Aerospace Welding, Inc. is purchasing the property and relocating their operations to this building. EXISTING CONDITIONS The 3.1 acre site contains an existing one-story building approximately 36,000 sq, ft. in area. Tile building is located on the easterly two lots that make lip) the development site; parking is located oil all three lots. A site inspection showed trash containers stored outside on the property. The applicant has submitted an application to replat the property and combine the three existing parcels into one lot. SURROUNDING USES The property is surrounded on all sides by industrial uses including office, warehouse and manufacturing facilities. The subject site and surrounding properties are zoned I-1, Limited Industrial and guided IND, Limited Industrial. Planning Report - Aerospace Welding March 25, 2008 Page 3 EVALUATION OF REQUEST Description ofProposal, - Aerospace Welding, Inc. manufactures aircraft parts and their business involves laser cutting and welding of metals. Aerospace Welding proposes to install two outside bull: storage tanks for the argon and nitrogen used in their operations. The tanks will be located on the west side of the building. Both argon and nitrogen are inert gases. Argon is also non-flammable. Both gases are naturally found in the atmosphere, Argon is utilized in the welding process "to shield the arc and the welded zone from atmospheric contaminants." Nitrogen is used "in the lasing process to assist the (laser) beam in removing the molten material from the cut area resulting in an oxidant free edge which is critical in lasing of stainless steels," Compatibility with Surrounding Area - Outside storage is a conditional use ill the I-1 zoning district. Surrounding properties are also zoned I-1 and other outside storage is currently present on other- properties in the area.. Airport Noise Considerations - The site is within Airport Noise Zone 4. Industrial uses are considered permitted in Zone 4. Site Plan - The Site Plan shows the bulk storage tanks located adjacent to the building on the west side, set back approximately 245' from Gemini Road and 115' from the west side lot line. One tank is 86" (7.16') in diameter and 228" (19') tall. The other tank is 66" (5.5') in diameter and 34" (2.8') tall. Based on the submitted west elevation drawing, the tanks will be shorter than the height of the building. The tank storage area will be surrounded by a chain link fence and bollards for security and safety. A visit to the site revealed two trash dumpsters that are currently being stored outside on the property., The dumpsters are located west of and adjacent to the building. City Code requires all trash containers stored outside must be stored within an enclosure with an impermeable floor sinrface, constructed of materials to match the exterior of the principal structure, with gates or doors having at least 90 percent opacity, and of sufficient size to enclose all trash and recyclable containers, not less than six feet and not more than ten feet in height.. The trash dumpsters must be relocated inside the building or all enclosure constructed in conformance with the City Code. Landscaping - There is existing landscaping at the front of the property and along both sides of the building. No new landscaping is proposed.. With the installation of a 13' x 23' concrete slab to support the tanks, existing green space will be reduced by 300 sq. ft., however, the site will maintain a green space ratio of 54.8%. Outdoor Storage - The ordinance standards for outside storage are outlined below. 37 Planning Repot t - Aerospace Welding March 25, 2003 Page 4 a. Outdoor .storage iterrt.s shall be placed within an enclosure as necessary to achieve af)f)rof)riate security and coWainment or for public safety reasons when deter-muted necessary b>> the city. The storage area will be enclosed within a fence and surrounded with bollards, b. The storage area shall be located in the side or rear yards and shall not encroach into arty required f 'aria building setback area or other required setbacks. The proposed storage area is located in the side yard and satisfies required setbacks.. c. The orrtdoor• storage area shall be screened f om vieli, from the public right-of-it,ay and fr°om any ac jacent properly which is designated for residential uses in the comprehensive Betide plan. There are no adjacent residential properties. The storage area is visible from the Gemini Road right-of=way. However, the large setback (>200') from the right-of=way and landscaping in the front of the property provide a buffer between the road and the outside storage area. d. The storage aiea shall not interfere ivith airy pedestnan or vehicular, movement. Tile outside storage area is adjacent to the building and does not interfere with pedestrian or vehicular movement.. e. The storage area shall riot take tip required par'king spaces or landscaping areas. Tile proposed outside storage will reduce green space by 300 sq, ft. f The storage area shall be surfaced with concrete or tut approved equivalent to control dust and erosion, The sw face shall be properly maintained to pi-event deterioration. A 13' x 23' concrete pad will be installed for the storage tanks. SUMMARY/CONCLUSION Aerospace Welding is requesting a Conditional Use Pei-mit for outside storage of tanks for bull( storage of argon and nitrogen at 1045 Gemini Road. The proposer) use appears generally compatible with the 1-1 "Zoning and surrounding properties and appears to satisfy the performance standards in the City Code. Trash storage should be brought into conformance with City Code requirements. In conjunction with this request, the applicant has also made application fora Final Plat to ieplat the property and consolidate the existing parcels into one lot.. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Per-niit to allow outside storage of tanks for argon and nitrogen at 1045 Gemini Road, Legally described as Lots 24, 25 and 26, Block 5, Eagandale Center Industrial Park No. .3 in the NW '/a of Section 11. If approved, the following conditions should apply: I II Planning Report - Aerospace Welding March 25, 2008 Page 5 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the Cityy,. I The applicant shall replat the parcels into one lot. 3. The two tanks for argon and nitrogen shall be of the size and located as shown on the Site Plan received February 20, 2008, 4. Bollards shall be installed as a protective barrier' around the tanks. 5. Trash dumpsters shall be relocated inside the building or an enclosure constructed in conformance with the City Code by September 1, 2008,:. Eagan Boundary Right-of-way Location Map Parcel Area Park Area Building Footprint x n,7j>a ~5`d~:l tl r=a -1 vc ~`a n = C~ 1=~ ..r 5 L V,_ Ir 77- EF1 &E I D) c-uAJI-N020 (LONE OAK nD.) Subject Site Ll"~ I t ! P... 13 r r., J - - z 0 I a i, n e I I iNKYB DOODLE nOA01 (u`~11. HWY. NO. 20 tYANNEE DOODLE n0.) ~7 r ~i II-r7:a-r G ~i ~I n~ F 1000 0 1000 2000 Feet DevelopmentlDeveloper: 1045 Gemini Road Application: Conditional Use Permit Case No.: 11-CU-03-02-08 N 1''y!} na all City of E THIS MAP 15 INTENDED FOR REFERENCE USE ONLY 1V C " The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are 9 Community bavdapmont aepArimcnt not rosponsibie for errors or omissions. I I lyv-~ Current Zoning and Comprehensive Guide Plan Aerospace Welding Conditional Use Permit Land Use Map 11-CU-03-02-08 Zoning Map I.1 pD I.1 A Location Current Zoning: -i IA Limited Industrial ,.i G ,•i I.i x 1,1 i BP 0 4 O 6p 0 u A I1 ^-I-i 464 0 404 144 f..t _ I Comprehensive Guide plan - - DP BP I iN0 Land Use Map IND t' Clo.o-e Location IND Current Land Use Designation: IND IND It d IND u IND IND x IN Limited Industrial IND 0 z i BP °z SA-BP s IND IND 444 0 000 1240 f..t-- P..41 b... mop Inform.n.n provld.rhy bokota County Lan45t .y D.p.,t-f D..mbr 1005 N j 2.ntn0 lnf.tmaNon muinI.1n.d bAlly St.n. ' City of L(lp THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee tho accuracy of this Information. 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MR BWA ENTERPRISES LLC _ O No F~~k e€ M w+Y 1 uro~+Y t ~ _ W W I~t4, m N f Y'~ O C~ w .~emx m.e 13 =v i~ I'i•,ur: a T~ chi j I'icwm I •~r ~ _ k P • n I I'~ .`rl. G It1J a o- Cr r l "LI El, 'r h: l 77-7-7 --1 1 EE :DID ~ ~ kL~ol Inc k: m IT --i El __._...i iL~ Cl~„W I i `I I I i J U U U IJ I i i I I I 1 \ 00 I CD C~ r- Ll :D t 41- f I I v ' J i t i I ~b n n n n n I ~ DETAIL ~ 1-7 r O WEST WALL ELEVATION 49 OXYGEN SERVICE CO. INERT BULK TANK PAD SPECIFICATIONS Nitrogen and Argon NOT TO SCALE 22' 22' 1 15' 2 t #5 rerod 12" centers both ways To of ad typically 2" above grade Ptann:ls per pad..,,.,....,.,........... Fence 6" inside pad edges 12' LEVEL May be anchored to pad NO SLOPE ' 4' gate center of pad Open left or right • • • 4' !P Concrete filled bollards All access roadways are the responsibility of the customer and must be capable of supporting 80,000 lbs. Foundation is designed for a minimum of 2000 pounds per square foot soil bearing quality Contractor to remove topsoil and provide a suitable base of crushed stone or gravel Concrete to conform to General use ASTM #C-150-55 Type 1, FC= 3000psi @ 28 days or ASTM #C-150-5 Type 111, FC=3000psi @ 7 days Round edges of pad with sidewalk edging tool Top of pad to be broom finished and LEVEL (NO SLOPEI Bollard-bumper posts ( 4" cement filled ) to be cemented 3' in ground and extend 3' above grade, 4' on center across all exposed sides All housekeeping duties (Snow Removal, Wind-Blown trash removal, etc) are responsibility of customer Oxygen Service Co. will drill anchor bolts at time of tank installation RECEIVED FEB `J ti ~(i(lEi InertTank Pad up to 3000.xis 2/8/2008 10:11 AM 1~ 47 Request This information has been furnished to the City of Eagan to grant Aerospace Welding a Conditional Use Permit for the outside storage of Bulk Argon and Nitrogen. Application(s) and Definitions Aerospace will be using the Argon gas in there welding applications to shield the arc and the welded zone from atmospheric contaminants. Argon (Ar) is a noble gas that comprises 0.93 percent of the earth's atmosphere, Argon exhibits great stability and extremely low reaction rates. Argon is colorless, odorless, tasteless, and nontoxic, Argon forms no known chemical compounds. Argon is considered an Inert Gas and is Non-Flammable. Aerospace welding is planning to purchase a laser to cut the raw materials that are needed to manufacture their parts. Nitrogen is used in the lasing process to assist the (laser) beam in removing the molten material from the cut area resulting in an oxidant free edge which is critical in lasing of stainless steels. Nitrogen (N2) is a diatomic gas which comprises 78 percent of the earth's atmosphere. In addition to air, nitrogen is found in the protein matter of all life forms, and in many organic and inorganic compounds. Colorless, odorless, tasteless, and nontoxic, nitrogen exists as a non-flammable gas at atmospheric temperatures and pressures. Nitrogen is considered an Inert Gas. Storage System(s) & Point of Use The Argon and Nitrogen will be stored in above ground cryogenic vessels that are specifically designed to store cryogenic materials. The operating pressure is 150psi-450psi. The Tank is comprised of an outer shell and an inner vessel. The void between the vessels is a vacuum with a proprietary insulating material which insures that the Argon and Nitrogen inside remains in a liquid state. The vessel is outfitted with pressure release valves that prevent the vessel from creating too much pressure. In the event of over pressurization, the valve is designed to open and vent the gas harmlessly back to the atmosphere from which it was harvested. The vessel has a vaporizer attached to it, to aid in transforming the liquid Argon and Nitrogen to a gaseous state. This allows the gas to be transferred from the storage vessel to the point of use. The operating pressure of these gases will range from 100psi-250psi. At the point of use, the gas will be regulated down once more to operating pressures under 100psi. REE,EIVED FEB 2 0 200 ~ II Proposed Site & Requirements Aerospace Welding incorporated is proposing placing the vessel(s) next to the building on the west side between the building and the curb of the parking lot. The site has been selected after a comprehensive site survey was conducted by Oxygen Service Company of St. Paul, Minnesota. Oxygen Service Company followed all N.F.P.A. standards while aiding Aerospace Welding Incorporated in selecting a site for the bulk vessel(s). There are attached drawings of the building with the proposed location (drawing A and Al). Timing and Phasing Upon approval by the City of Eagan, the site will be prepared and a concrete pad will be poured. Protective bollards will be installed on all sides of the tank that face roadways or driveways (refer to drawing B). After proper curing time, Oxygen Service will place the tank on the concrete pad and complete connection to the lines inside the building. Fencing, Protection, and Screening Oxygen Service has recommended that Aerospace Welding surrounds the vessel with a six foot tall chain-link fence and to keep the site under lock and key at all times. In efforts to comply with the City of Eagan's ordinance regarding screening, Aerospace Welding will Screen the entire span of fence. Aerospace Welding is requesting that the City of Eagan to allow the top of the vessel(s) to be visible from all sides. At the highest face of the tank, Oxygen Service Company has their name and phone number. This serves as a contact for the local fire department. This Information will aid the Fire department in knowing who to contact about the contents of the tank. (Refer to example pictures of screened tanks C & Cl) RECEIVED FcD P 3~ldWdX3 01OHd < T~xr L F~ . ~ y; - nT_ Say = F~ f 'f y \ ~ M r ~y ~ ~ qS S Ate' ~ _ rt• _y I v r V VAN 31dwdx3 OlOHd Lli `tea` k , 1 ~t, 5 r rE~ e T F, r-P ~r ~ .•'ar~ -t .a"~"`'r,Y`~~ ~.;,~yh, ~ tic' - L] w+K.tiiy "1•~ axr~a~rxi~ix„v,~~S~j, ^3'ttT ~4'4^'t '~"F ng mg i ''f O ~skp3~ . KU ft t + y. C)v r5 _ t~ "LE rakes . ~~1"1 •P', ;~;y .•~x' ~ Lw.iht~ n r ~•lr~l.,, •a'r~✓~'"- - 'x X 4~"-~i~€-~ r, sue: •lF~ ~.~......~~.sy3.o. t'~ -s'- a.w E= MCI 2 7,I W z y F~ f a. ..w..}raFa-.....4 ......7~i:..:..Si .7 I I ~ . u, I oa I ~a I w~ I c I ig ~ I 53 I c IgW oS z --------------------------------------r ~ ,y I I ~ I I J I Q ao cs► A.90A = ' I II z S~i a z gi I l asz :I II jj 'I o e oaa e a CIA (n °$4 s 5 Z s_ . W~ § s a b al a - m8€G S° ~7 i d ono W -e z m m omma S ^ S e 5 5 i L U L^ W C: w - r ,a 3 .I a 8 5. 8 tl _ Q b i 5 55 5 _ = 4 fr r - - $ ~E b ? i °5. $ -I b i M~, i vy I A! a a 3 5 va e ~ 5 m v , , `i 2 _ a =s °I a rs r I~1 ~fru el c § 1 56 C j E _5°n 5 2 5 E a u !5 @5 LEa - ° - Ea a N 3`a 5 558 s S m= d fr E s a m - ~e 3c ~ o ' Ci 38 Y 8°aL k'z ? ~ S 5 ! o E ~ R ~'i9 x°5 S `Y m'E Eu° d _`038 .nom E O a a i a 5 a e •3 Agenda Information Memo April 1, 2008, Eagan City Council Meeting B. PLANNED DEVELOPMENT AMENDMENT AND FINAL PLANNED DEVELOPMENT - POSTAL CREDIT UNION ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) for a Planned Development Amendment and a Final Planned Development to allow a credit union with drive-through service and a pylon sign on property located at 3225 Denmark Avenue legally described as Lot 2, Block 1, Olson- Burger Addition, in the SW I/4 of Section 10, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: At least four votes FACTS: ➢ The Postal Credit Union is proposing a Planned. Development Amendment to the Olson-Burger PD to allow drive-through service and a pylon sign. ➢ Approval of the PD Amendment would constitute simultaneous approval of a Final Planned Development to be incorporated into a forthcoming Final Planned Development Agreement. ➢ The proposed bank/credit union use appears to be compatible with the other commercial retail and business park uses in the area. ➢ This PD Amendment proposes no deviations from typical code requirements. ➢ The proposed drive-through and pylon sign appear to meet typical City Code standards. ➢ The proposed drive through is located along the rear of the building. Sufficient stacking space and screening from the right-of-way is provided. ➢ Parking is provided in an amount that can support the proposed building size. ➢ Building architecture and materials appear consistent with typical code requirements. Colors and materials submitted appear compatible with other nearby buildings. ➢ The APC held a public hearing on March 25, 2008 and recommended approval. ISSUES: None 60-DAY AGENCY ACTION DEADLINE: May 4, 2008 ATTACHMENTS (2): March 25, 2008, APC minutes, pages~J through Planning Report, pages throug i I I C. Postal Credit Union Applicant Name: Postal Credit Union Location: 3225 Denmark Ave; Lot 2, Block 2, Olson Burger Addition Application: Planned Development Amendment A Planned Development Amendment to allow a bank with a drive thru and a pylon sign. File Number: 10-PA-01-02-08 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated March 17, 2008. She noted the background and history. Chair Hansen opened the public hearing. There being no public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. Member Dugan asked about the location of the drive-up ATM and security. Planner Dudziak responded that the security concern was raised to the applicant in the staff review, and the applicant has addressed the issue in the narrative. Member Chavez moved, Member Feller seconded a motion to recommend approval of a Planned Development Amendment and Final Planned Development to allow a credit union with drive-through service and a pylon sign on property located at 3225 Denmark Avenue legally described as Lot 2, Block 1, Olson-Burger Addition, in the SW '/4 of Section 10 subject to the following conditions: 1. A Final Planned Development shall be required and an agreement shall be prepared and recorded at the Dakota County Recorder's Office prior to issuance of a building permit. The following plans are required for the Final Planned Development: a. Final Site Plan b. Final Building Elevations c. Final Landscape Plan d. Final Signage Plan e. Final Site Lighting Plan 2. The base of the monument sign shall be constructed of the same brick and cast stone to match the principal structure. 3. All rooftop and ground mounted mechanical equipment shall be screened from views from off the property consistent with City zoning ordinances. 4. Trash storage shall be located within an enclosure attached to the northwest corner of the building. The enclosure shall be constructed of materials to match the principal building. 5. The applicant shall provide information regarding canopy lighting to ensure sufficient light levels in that area to provide safety and security, without creating glare or nuisance to the public way or adjacent properties. 6. All site lighting shall be downcast and shielded such that the source of light is not visible from off the property. Lighting and lenses beneath the canopy shall be flush with the underside of the canopy so as not to create glare or nuisance to the public way or adjacent properties. 7. The proposed rain gardens on site shall be installed according to the guidance of the MN Pollution Control Storm Water Manual, and overseen and inspected by City staff at time of installation. I~ 8. The developer shall enter into a maintenance agreement, in a form acceptable to the City Attorney, providing for the long-term maintenance of these rain gardens. 9. The proposed exit-only driveway shall be limited to 18 feet in width, with exit-only signage provided. 10. The developer shall be responsible for relocating the existing street light on Denmark Avenue to accommodate the development's new driveway access. 11. The developer shall be responsible for obtaining a MNDOT drainage permit for the proposed storm water discharge from the development onto 1-35E right-of-way. 12. This development shall be responsible for cash parks and trails dedications to be paid at the time of building permit at the rates then in effect. A vote was taken. All voted in favor. Motion carried: 6-0. i PLANNING REPORT CITY OF EAGAN REPORT DATE: March 17, ZOOS CASE: 10-FD-01-02-05 APPLICANT: Postal Credit Union Branch HEARING DATE: March 25, 2005 PROPERTY OWNER: Carl Olson APPLICATION DATE: March 5, 2005 Richard Burger REQUEST: Planned Development Amendment PREPARED BY: Pam Dudziak LOCATION: 3225 Decmnark Ave. COMPREHENSIVE PLAN: SA, Special Area ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval ofa Planned Development Amendment and a Final Planned Development to allow a credit union with drive-through service and a pylon sign on property located at 3225 Denmark Avenue legally described as Lot 2, Block 1, Olson-Burger Addition, in the SW of Section 10. AUTHORITY FOR REVIEW PD Amendmeit: Chapter 11, Section 11..50, Subdivision 5 states, in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the 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 in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. Lv~ Planning Report - Postal Credit Union March 25, 2005 Page 2 BACKGROUNWHISTORY The Preliminary Planned Development for Olson-Burger Addition was approved in 1999. The property was platted in 2002. The PD identified specific uses and some general development standards.. The Olson-Burger Planned Development allows banks as a permitted use, however, drive-through facilities require an amendment to the Planned Development and mist be specifically approved. EXISTING CONDITIONS The 1.9-acre site is triangular in shape. The property abuts I-35E to the west and southwest.. A public street, Denmark Avenue, extends along the southern two-thirds of the east edge of the site. Denmark Avenue is anticipated to be extended to the north sometime in the future. The site is vacant and lacks significant vegetation. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plat] designations surround the subject property: Existiui Use Zoning Land Use Designation Northeast Vacant/ USPS BP, Business Park BP, Business Part. East Retail - Home Depot PD, Planned Development SA, Special Area South Retail - Fireside PD, Planned Development SA, Special Area West I-35E Right-of-Way Right-of-Way EVALUATION Or REQUEST Description of Proposal - The Postal Credit Union is proposing to construct a 3,520 sq, ft. credit union building with drive-through service and a pylon sign. The Preliminary Planned Development did not include approval for drive-through service or a pylon sign, both of which typically require a Conditional Use Permit under straight zoning. In the case of a Planned Development, specific approval for those uses is required. The site plan shows access on Denmark Avenue in two locations. The drive-through is located on the west side of the building. The drive through. provides three service lanes, with a drive-up ATM on the outer Island. A pylon sign is proposed on the west side of the property. Compatibility with Surrounding Area The PD Amendment proposes the inclusion of a drive- through facility and a pylon sign for a use that is permitted within this PD. Banks and credit unions such as this are generally considered compatible in retail commercial areas.. The site is adjacent to retail commercial uses to the south (Fireside) and east (Home Depot) and abuts property to the northeast (owned by the U.S. Postal Service) that is zoned and guided Business Park. The applicant's narrative also states that the future extension of Denmark Avenue to the north "would allow direct access from the USPS Bull: Mailing Facility" and "it would be a Planning Report - Postal Credit Union March 25, 2008 Page 3 benefit to the employees of the Bulk Mail Center to have direct access to the credit union, to which a large number of employees are members." Airport Compatibility - The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter of its Metropolitan Development Plan that anticipates the impacts from the continued operation of the airport at its current location.. The noise policy contours in Eagan place this site within Zone 4. Within this area, commercial retail development is considered consistent.. Lots - The site consists of one platted lot, which contains 191 acres in area, Conforming Plan - The requested amendment is for uses that are typically conditional uses. As such, the evaluation of the proposed amendment focuses on compliance with the conditions and performance standards outlined in the City Zoning Code with respect to drive-through set-vice and pylon signs. The PD Amendment appears to comply with typical development standards and does not propose any deviations. Setbacks - The Preliminary PD establishes setbacks of 50' from the I-35E right-of-way, 30' from Denmark Avenue, and 10' from side and rear, lot lines. Parking/pavement setbacks of 20' front the right-of-way and 5' floor side and rear lot lines apply. The submitted plan satisfies these standards. Parking - City Code requires banks and financial institutions to provide one parking stall for each 250 sq. ft. of gross floor- area, plus five stacking spaces for each drive-through window.. Using this calculation, 14 parking stalls are required and 14 are provided, including one accessible stall, The proposed 9' wide stalls are consistent with the provisions in the Preliminary PD Agreement. Drive Ahrough/Stackin; - The City Code also requires five stacking spaces for each drive- through window. This facility is designed with a shared bypass and drive-up ATM lane, and three drive-through service lanes.. While the plan provides for stacking of five cars for each lane as required by City Code, the bypass lane also contains the drive-up ATM. The bypass lane is 20' wide, which is the minimum r'equir'ed for emergency vehicle access The Police Department's crime prevention review of the plans identified a concern with the location of the ATM behind the building and with drive-up access. Staff recommended the applicant consider alternative locations nearer the front of the building with higher visibility of the ATM by passersby, or even within the vestibule or lobby of the building- The applicant addresses this concern in the narrative and maintains that the drive-up ATM provides the best service for their customers and is appropriately located on the site, The nary°ative indicates that the area is visible from Denmark Avenue to the south and from I-35E, is open without buildings or objects fora person to hide behind, and is under camera surveillance. /6 Planning Report - Postal Credit Union March 25, 2005 Page 4 Performance Standards - Green Space - This development complies with the minimum green space standards, providing 70% green space in comparison to the 30% typically required as a minimum, Builclurg Coverage - The building footprint is 3,520 sq., ft,, and the canopy approximately another 1,000 sq. ft. The total coverage of 4,520 sq. ft, on this 1.91 acre site is 5.4% building to lot area ratio. This is well below the typical coverage limits for commercial development which range from 20% to 35%_ BidWing E'levalionslAtchileclure - The building is proposed to be constructed of cast stone, brick and glass comprising 89% of the exterior materials. All four sides of the building are treated with the same finish materials. Metal accents comprising 11% of the finish materials are proposed for the top panel and canopy above the main entrance, and the drive-through canopy.. The metal panel proposed here is a pre-finished architectural panel similar to that recently approved for use on the Blue Gentian Corporate Center- building, The applicant provided building materials samples. The brick is "Navajo red," with a cast stone in "Mae" (light tan). The metal panel is "champagne metallic" (beige/taupe). Two types of glass are identified - a clear glass and a bronze glass. B11ilclilrg I-IeigTrl - Tile proposed one-story building has two roof lines, the lower roof line is 15' high and the taller roof line is 20' high, with a 12" parapet. Mechanical Equipment - All rooftop and ground mounted mechanical equipment should be screened from views from off the property consistent with City zoning ordinances. The Building Elevations Plan notes "mechanical equipment located in brick enclosure over the trash enclosure," Provided all mechanical equipment is located within that space, the screening objective appears to be satisfied. Trash Storage - An enclosure is provided for trash storage and is attached to the northwest corner of the building. The trash enclosure is roofed for protection and to provide an area for mechanical equipment that is hidden from off-site views. SignagE - Although detailed sign plans were not provided, the plans indicate general compliance with typical City Sign Code standards. All signs should be subject to compliance with City Sign Code standards, and compliance will be verified at the time of sign permit application, Moninnent sign - A monument sign is proposed at the east side of the property by the northerly driveway. The Site Plan indicates the size requirements and minimum setback will be satisfied. The base of the monument sign should be constructed of the same brick and cast stone to match the principal structure. Planning Report - Postal Credit Union March 25, 2008 Page 5 Pylon Sign -For properties located directly adjacent to a freeway, City Code permits a pylon sigh for freeway identification in addition the monument sign adjacent to the local street access.. Pylon signs are limited to 27 feet in height, 125 sq. ft, in sign area, and must be located at least .300' from any other pylon sign on the same side of the street The proposed plans specify these parameters for- the pylon sign. A pylon sign typically requires a Conditional Use Permit. In the rase of a Planned Development, the inclusion of the pylon sign in the Planned Development approval is in lieu of a Conditional Use Permit. Building Sigxage - Building signage is proposed on the south and east elevations. City code typically permits single-tenant buildings to have up to three signs on up to two elevations, not exceeding 20% of the facade area, The areas shown for building si(.1piage are consistent with these standards. Landscaping - The Landscape Plan appears to satisfy typical landscape requirements. A variety of plant rriaterials are utilized throughout the site, and evergreen shrubs provide screening of the parking and drive-through areas. The foundation of the building is fully landscaped with shrubs and perennials and planting beds are provided at the driveways and around the monument sign. A couple evergreen trees near each of the rain gardens provide additional year around color. Site Llghtillg - Site lighting is proposed to be through pole-mounted and building-mounted lights with downcast fixtures. Pole-mounted lights are at a height of 25'. The photometrics show acceptable light levels of not less than 0..5 footcandles within the parking areas. The applicant should confirm that sufficient light levels will be provided beneath the canopy to provide safety and security. Lighting and lenses beneath the canopy should be flush with the underside of the canopy so as not to create glare or nuisance to the public way or adjacent properties. All site lighting should be downcast and shielded such that the source of light is not visible front off the property. Grading/ Utilities - All engineering issues related to grading and utilities have been addressed with previous development or will be addressed with building permit for this development. Storm Drainage - The developer proposes to construct two rain gardens to filter and infiltrate storm water runoff from the site. These rain gardens should be installed according to the guidance of the MN Pollution Control Storm Water Manual, and overseen and inspected by City staff at time of installation. Also, the developer should enter, into a maintenance agreement, in a form acceptable to the City Attorney, providing for the long-term maintenance of these rain gardens. Streets/ Access/ Circulation - Public street access is available from Denmark Avenue to the east. The development proposes access at two locations; one a fill vehicle -movement driveway in aligimient with the existing Home Depot access, and the other an exit-only drive about 150 feet south. The proposed exit-only driveway should be limited to 18 feet in width, with exit-only signage provided.. Tile developer should be responsible for relocating the existing street light on Denmark Avenue to accommodate the development's new driveway access. Planning Report - Postal Credit Union March 25_2008 Page 6 Easements/ Permits/ Right-of-Way - The developer should obtain a MNDOT drainage permit for the proposed storm water discharge from the development onto I-35E right-of=way. Wetlands/Water Quality - Water quality requirements were previously met by a cash dedication. The development }Mans show the installation of two rain gardens which will contribute to improved water- quality and reduced runoff from the site. Tree Preservation - Because the site does not contain significant vegetation, tree preservation requirements are not applicable.. Parks and Recreation - This development is subject to cash parks and trails dedications to be paid at the time of building permit at the rates then in effect, The 2008 rates are $869 per 1,000 sq. ft. of building for parks, and $1,251 per net acre for trails. SUMMARY/CONCLUSION The Postal Credit Union is proposing a Planned Development Amendment to the Olson-Burger PD to allow drive--through service and a pylon sign.. Approval of the PD Amendment would constitute simultaneous approval of a Final Planned Development to be incorporated into a forthcoming Final Planned Development Agreement. The proposed bank/credit union use appears to be compatible with the other commercial retail and business park uses in the area. Both the proposed drive-through and the proposed pylon sign appear to meet typical City Code standards.. This PD Amendment proposes no deviations from typical code requirements. The proposed drive through is located along the rear of the building. Sufficient stacking space and screening from the right-of--way is provided. Parking is provided in an amount that can support the proposed building size. Building architecture and materials appear consistent with typical code requirements.. Colors and materials submitted appear- compatible with other nearby buildings. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment and Final Planned Development to allow a credit union with drive-through service and a pylon sign on property located at 3225 Denmark Avenue legally described as Lot 2, Block 1, Olson-Burger Addition, in the SW '14 of Section 10.. If approved the following conditions shall apply: 1. A Final Planned Development shall be required and an agreement shall be prepared and recorded at the Dakota County Recorder's Office prior to issuance of a building permit. The following plans are required for the Final Planned Development: ~3 Planning Report- Postal Credit Union March 25, 2008 Page 7 a. Final Site Plan b. Final Building Elevations c. Final Landscape Plan d. Final Signage Plan e. Final Site Lighting Plan 2. The base of the monument sign shall be constructed of the same brick and cast stone to match the principal structure, 3. All rooftop and ground mounted mechanical equipment shall be screened from views from off the property consistent with City zoning ordinances.. 4. Trash storage shall be located within an enclosure attached to the northwest corner of the building. The enclosure shall be constructed of materials to match the principal building. 5. The applicant shall provide information regarding canopy lighting to ensure sufficient light levels in that area to provide safety and security, without creating glare or, nuisance to the public way or adjacent properties. 6. All site lighting shall be downcast and shielded such that the source of light is not visible from off the property. Lighting and lenses beneath the canopy shall be flush with the underside of the canopy so as not to create glare or nuisance to the public way or adjacent properties. 7. The proposed rain gardens on site shall be installed according to the guidance of the MN Pollution Control Storm Water Manual, and overseen and inspected by City staff at time of installation_ 8. The developer shall enter into a maintenance agreement, in a form acceptable to the City Attorney, providing for the long-term maintenance of these rain gardens. 9. The proposed exit-only driveway shall be limited to 18 feet in width, with exit-only signage provided, 10. The developer shall be responsible for relocating the existing street light on Denmark Avenue to accommodate the development's new driveway access. 11, The developer shall be responsible for obtaining a MNDOT drainage permit for the proposed storm water, discharge from the development onto I-35E right-of-way, 12. This development shall be responsible for cash parks and trails dedications to be paid at the time of'building pennit at the rates then in effect. II Eagan Boundary Rlght•of•way Location Map 0 Parcel Area Park Area Building Footprint 1. 0 4 U P-Li 2 ..~i-~ O Q ~ t n O.a.A.H. NO.ta (LONa OAK ROADI C'SiLn. NO.26 CLONE OAK RD.) i0 --qzzo I F C b ~ 4 p as b q. Subject Site - . ~ o oQ a pc v _ _ - _ ~ 4i w y ~vti'7 ~ Q J liJ MMiM~<bb tK1~~ n WIbR b11 O o n s 4 C2 ~ C counTY ROAD NO.ra (YANK11 DOODLE ROAD) Im 0i CA `O d - on ono l7U u~ uqo azl ' ~C n aao AN, tl~~ 8 1000 0 1000 2000 Feel Development/Developer. 3225 Denmark Ave Application: Planned Development Amendment Case No.: 10-PA-01-02-08 N City of Faun THIS MAP IS INTENDED FOR REFERENCE USE ONLY w ~YS The City of Eagan and Dakota County do not guarantee the accuracy of this information and are Community Dovalopment Dapartmant not responsible for orrors or omissions. Current Zoning and Comprehensive Guide Plan Postal Credit Union Land Use Map Planned Development Amendment 10-PA-01-02-08 ~ Qy Zoning Map Pb ~L i-t R' Locapon Current Zoning: I.1 PD PD R•4 Planned Development PD DP R•4 0 Po 0„w PD r' O ~a t L8 PD i 130 z PD PD coo a aoo tzo. V.., I'D 9 a° Comprehensive Guide Plan A Z D wq? Land Use Map IT]- DIS LD IND I Localrion MD IND Current Land Use Designation: SA SA Special Area sa SA ~w yirar O r SA r SA w~a s SA SA SA I coo o coo uoa rw Pareol 1- mnp Information provld-by Dakota County Land Survoy Dapartmort Doambor 2005. n 2antn0lnformalfon mnlntalnad bAlly SWL w 1: S City of Eapi THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this Information. 5 + '"'G-~ ~ ..i}d1~~„[vik -1 'v.` •ri„ a-G.rrr^-^-erso~ - .'s .v' ♦ 'gyp,; (F C ~ ~ ~ " ~ s+ MI-M "AM I c < t r -Irv yu _ ~ Ri ~ y.•tl ~.3 ~ ! ,S' dirt R' a ~ a c?+ ~~i`-S•J~{~~.T ~v.~ ~ ~ ? r rr '~(.,r~ { ~~'y~t~'`.• ~;.,tSDw' °a # ?fay,-j ? ~ Tom, N A? 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R ~ !~'~s€; ~ 1 x mn ~ (~I I I I I I ~I~I~ IIIII POSTAL CREDIT !t1 f i I( Ifs C I I( UNION BRANCH s H INTERNALLY ILLUMINATED, DOUBLE SIDED, SIGH CABINET w/ TRANSLUCENT SIGN FACE a CAST STONE P h BRICK BASE C? a_.......i-_....... _r_..._.._.._._,._:_... _ 8'-0'• 2 MONUMENT SIGN ELEVATION AI SCALE: 318" = 1'-0" 12'-0" INTERNALLY ILLUMINATED, DOUBLE SIDED, SIGH CABINET w/ TRANSLUCENT SIGN FACE 90 S_F_ ti TIME & TEMP SIGN 18 S.F. in 0 i~ - N = _ BRICK PIERS CAST STONE SILL BRICK BASE (h 3 PYLON SIGN ELEVATION RECEIVED MAR 18 2000 Via! o SCALE: 1/8" = V-0" DATE POSTAL CREDIT 3117/08 SK SCALE f ,7;tr.1 UNION BRANCH AS NOTED COLLABORATM rt ; !Ji r'r!; cI<. 13Y Boa No DesignCroupnw MONUMENT & PYLON SIGN DR 13Y ELEVATIONS BNT 08014.00 D COLLABORATIVE DESIGN GROUP. INC 2006 / 7-7 Project Narrative for Proposed Postal Credit Union 3225 Denmark Avenue The Collaborative Design Group, Inc. on behalf of the owner, Postal Credit Union, respectfully submits for your approval this Planned Development Amendment and Final Planned Development application. We are also requesting Conditional Use Permit to allow a drive- through facility and a pylon sign. The project being proposed is the development of a 3,520 SF credit union facility with 3 drive-through teller lanes and 14 parking stalls on a 1,91 acre site. The existing site is vacant and unimproved. Within 660' of the site to the east, south and southwest are parcels zoned as Planned Development with retail being the primary use. The parcels to the north and northeast of the site are zoned Business Park and are currently undeveloped. To the west, across the I-35E right-of -way is a parcel zoned R-3 residential. Within 660' of our site none of the R-3 parcels have been developed. Since the proposed development is similar in nature to retail development and the primary uses adjacent to the site are retail, we feel that the proposed development would be in keeping with the existing uses and have no impact on the existing uses. Also, since the credit union is used primarily during the day it would not have an impact on retail uses that might have more customers during the evening hours. The city is proposing the extension of Denmark Ave. to the north, This would allow direct access from the USPS Bulk Mailing Facility to the Postal Credit Union. It would be a benefit to the employees of the Bulk Mail Center to have direct access to the credit union, to which a large number of the employees are members, We believe that the proposed development would have a positive impact on the site. Currently, the site is unimproved. Given the odd shape of the site and the fact that large portions of the site are not developable due to the shape, the smaller footprint of the credit union fits appropriately on the site. The proposed project includes only 3,250 SF of building area so the impact on city water and sanitary sewer would be minor. Stormwater will be collected in rain gardens and diverted to the adjacent regional pond. The water, sanitary sewer and stormwater systems are in conformance with the master plan for services in this area. It is the Postal Credit Union's opinion that the drive-up ATM machine is appropriately located on the site. There is visibility of the ATM from Denmark Avenue as you approach from the south. In addition there is great visibility of the ATM machine from I-35E. There are not other buildings or objects for a person to hide behind. The area of the ATM is under camera survelliance. A drive-up ATM machine provides the best service for the credit union customer. Locating an drive-up ATM machine elsewhere on the site would clutter the site. N V RECFfVEO ~11AR R ri ?nnr t The proposed development will result in a better use of the land. Since the land is currently undeveloped, the proposed development will add to the tax base of the city. The surrounding uses are primarily retail in nature so the proposed development is consistent with the surrounding uses. The footprint of the site would make it challenging for larger developments to occur on the site so our smaller development is appropriate for the site 79 RECEIM MAR 0 5 2000 y Narrative Describing the Public Benefit of the Proposed Development Postal Credit Union's (PCU) new Eagan branch will be an asset to the community. PCU can bring benefits to the community through our strength of establishment and our strong community involvement. Establishing a branch in Eagan will also help us better serve our Eagan members,. Postal Credit Union is over 80 years strong in the Twin Cities area. Established in 1926 by St. Paul postal employees, the original name of the credit union was St. Paul Postal Employees Credit Union. In 2000, our membership approved an amendment to our certificate of organization to do business as Postal Credit Union. In 2002, PCU became a community credit union with open membership in Dakota, Ramsey and Washington Counties. PCU was granted a second community charter in 2006 which now include the counties of Anoka, Chisago and Hennepin. Currently PCU has over $481,000,000 in assets, 38,796 members, four full-service branches and 130 employees. PCU is highly involved in the communities we serve. We are very active in community events through sponsorships and participation. PCU employees are active in local chambers and business associations, assisting on committees and volunteering for events. Our strong belief in education brings employees into schools to help with financial literacy programs, DECA and Junior Achievement. PCU also helps local schools and charities through donations and other volunteer efforts. PCU currently has 527 members that reside in Eagan and a total of 705 in the zip codes serving the Eagan area. In addition, the Bulk Mail Center, located near the proposed branch, employs a significant number of PCU members who would directly benefit from an Eagan office. With plans underway to expand this postal facility, a greater number of employees would benefit from a PCU branch close by. Agenda Information Memo April 1, 2008, Eagan City Council Meeting C. PLANNED DEVELOPMENT AMENDMENT, FINAL PLANNED DEVELOPMENT AND FINAL PLAT - MSP COMMERCIAL ACTIONS TO BE CONSIDERED: To continue consideration of the request for Planned Development Amendment, Final Planned Development and Final Plat for a two-story medical/office building on 3.39 acres located south of Best Buy on Town Centre Drive, legally described as Lots 2 and 3, Block 1, Eagan Place 2nd Addition in the NE 1/4 of Section 15, to the April 15, 2008 City Council meeting. REQUIRED VOTE FOR APPROVAL: At least four votes (PD Amendment); At least three votes (Final PD); Majority of Councilmembers present (Final Plat) FACTS: ➢ The applicant is requesting approval of a Planned Development Amendment to allow a two story medical/professional office building upon approximately 3.39 acres. ➢ Approval of the PD Amendment constitutes simultaneous approval of a Final Planned Development. ➢ The Preliminary PD approved when Best Buy redeveloped the site in 2005 permits the proposed medical/office use. ➢ The Preliminary PD anticipated development of two 7,000 sq. ft. buildings. ➢ The PD Amendment proposes a single two-story building of 32,800 sq. ft. ➢ With only one building now proposed, the applicant is requesting Final Plat approval to replat the existing tow parcels into a single lot. ➢ The proposed building architecture and materials satisfy City Code standards and it appears compatible with surrounding uses. ➢ Deviations are proposed to setbacks from the sidewalk easement along Town Centre Drive and to parking requirements. ➢ All of the parking available for this use appears to be shared via private easements with adjacent properties. ➢ Verification of the private easements that both benefit and encumber this property will need to be provided to the City. ➢ The development will need to provide for additional screening measures for rooftop mechanical equipment and a Tree Inventory and Preservation Plan will need to be provided. ➢ The APC held a public hearing on March 25, 2008 and recommended approval. 431 ISSUES: ➢ The APC struggled with the parking evaluation because of the multiple easements that both benefit and encumber this property. The applicant is preparing an exhibit for presentation at the Council meeting that will better illustrate the parking available to support this development. ➢ Late Thursday, the City received additional correspondence from BCBSM and based on the advice of the City Attorney, we will be extending the agency action deadline another 60 days to July 3, 2008. 60-DAY AGENCY ACTION DEADLINE: May 4, 2008 ATTACHMENTS (4): Correspondence from BCBSM dated March 27, 2008 pagesie3 through- March 25, 2008, APC inutes, pages through Planning Report, pages, through Correspondence from BCBSM dated KG-r-cft 24, 2008, page( through Final Plat, page i I 1 BlueCrossBlueShieM ii B1uePlus ® of Nl-hmesota March 27, 2008 VIA FACSIMILE (651-675-5012) AND HAND DELIVERY Mayor Mike Maguire Eagan City Administrator Thomas L. Hedges City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Re: Proposed Eagan Place Professional Building/MSP Development Dear Mayor Maguire and Mr. Hedges: Pursuant to Section 2.06 of the Eagan City Code, Blue Cross and Blue Shield of Minnesota appeal and full hearing on the decision of the Advisory Planning ("BCBSM) requests an development proposed by MSP Commercial of "Commission") to approve the commission ("Commission") on Lot 1, Block 1, TOWN CENTRE lOQ TWELFTH Eagan Place Professional Building "Lot I"), which decision was made at the ADDITION, Dakota County, Minnesota 2008 meeting. The Commission's decision substantially and Commission's March 25, toe interests in land that is adjacent to Lot 1. In effect, materially in constitute aBtaking of BCBSM's property interests. the decision may ay BCBSM identified its property interests that ommission dated March 24, 2008, ens. One parcel has In a letter to the C the letter tof th o le whpo cd dev slop two pa c , BCBSM would be adversely affected by the approval A explained that it owned property adjacent t " been developed with a ten story office boil ITION, Dakota parcel, Minnesota described ("Oasutlot Out o A), TOWN CENTRE 100 TWELFTH ADDIT remains vacant and will be developed in the firttire. BCBSM also Owns parking y easement rights Area") pursuant to a Supplementary Paring over a significant portion of Lot 1 ("Parking mac, (``Mann Theatres") Bement ("Easement Agreement") between Mann Theatres, Easement Agreement dated December 30, 1993, which was recorded and Eagan Heights Commercial Park ("EHCP ) on February 2, 1994, as Document No. 1190785. your w enclosing a copy of the Easement Agreement for yo Prior to executing the Easement Agreement, EHCP owned both Lot 1 and Outlot A. As a Easem ale of Lot 1 to Mann Theatres, and as memorinlAed eme tern order eto condition the s Agreement, , EHCP required that Mann Theatres execute the Easemen reserve parking rights over the Parking Area to benefite future develop e t of Outloted. Thee any articular time-period, parking easement rights are appurtenant to Outlot park Easement Agreement are perpetual easement rights, not limited to an p and therefore, are available for future development of Outlot A. RECEIVED MAR 2 7 2001 i Mayor Mike Maguire Eagan City Administrator Thomas L. Hedges March 27, 2008 Page 2 d Outlot A, together with the easement rights under the Subsequently, BCBSM purchase of the Warranty Deed from EHCP to Easement Agreement, from EHCP. (See attached copy BCBSM.) The Easement Agreement grants nights to BCBSM that are akin in connection with the commercial wit, Section 6 of the Easement Agreement permits BCBSM, development of [Outlot A] . to modify the shape and/or configuration of the parking lot, e of real if required, so as to reasonably accommodate the including an exchang property, which consent shall Lot development of [Outlot A]", subject to the consent of h owner d ce in other requirements ata not be unreasonably withheld), the consent of the City Eagan, Section 6, p• 2•) set forth in Section 6 of the Easement Agreement. (Easement Agreement, MSP Commercial applied for a planned development amendment and a final planned ssue locbuilding on Lot 1. development to allow for the development of a medical office within the ParOng issue raised by the proposed development is how the parking stall will of Eagan between the proposed development on Lot 1 and future be allocated by the City ment on Outlot A with respect to meeting minimum off-street parking requirements. develop de, Section 11.70, subd. 5 states that the minimum parking spaces required for Eagan City Co for and developments "shall be provided and maintained by ownership, eases t or lease, during the life of the respective uses hereinafter set forth". Therefore, pursuant to Eagan 's ursuanto easements shall be counted toward meeting , parking spaces available p ordinances, off-street parking space requirements. the As stated in the Commission's Planning Report dated March 20, 2008 ("Planning Report4, T re uested development requires between 175 - 219 parking spaces. (Planning Report, p. ) q e asking space requirements, the Planning Report thepdevoveldoeper's 150p tallssod stalls." Site meet th p utilizes the existing parking lot layout [which] parking Plan site. T Th his is 25 stalls short of the required 1 theasho6 fallaia rshort equired hparlcing,ed the 219 Planning (Planning Report, p. 4•) Acknowledging t have easement commission noted that the proposed develo ha~nt hgheasement a ea wo udtmal~e ava lablevan the southern part of Lot 1 (Best Buy) and [ ] additional 56 parking stalls." (Planning Report, p. 4.) However, the Planning Report concedes plicant that "these stalls are not identified in the parking calculations provided by the ap on the Site Plan, and the actual parking rights under the easement have not been verified." (Planning Report, p. 4.) e Parking The parking lot referenced in the Site Plan is the same as the ALTA sAr e in thi Easement by the ark Provded Agreement. Notably, the Planning Report states, based on licant this entire arl dnij lot a ears to be encumbee d b o theenortheast ha (Plann ilg Blue Cross Blue Sheild sic which owns ad'acen r Report, p. 4) (emphasis added.) In the Summary/Conclusion, the Planning Report again states Mayor Mike Maguire Eagan City Administrator Thomas L. Hedges March 27, 2008 Page 3 that "All of the parking available for this use appears to be shared via private easements with adjacent properties. Verification of the private easements that both benefit and encumber this property will need to be provided to the City." (Planning Report, p. 4) (emphasis added,) At its meeting on March 25, 2008, the Connnission voted to approve the plamled development amendment and final planned development. In doing so, the Commission allowed MSP Commercial to count all of the parking spaces on Lot 1 (the Parking Area) towards its proposed development. The result of this decision is to preclude BCBSM from counting any of the parking spaces on Lot 1 - to which it has easement rights - towards its future development of Outlot A. The City of Eagan cannot deprive BCBSM of the benefit of its property interests in Lot 1 and its rights under the Easement Agreement. We appreciate the City Council's consideration of these matters and the opportunity to be heard on BCBSM's property rights in Lot 1. Sincerely, i i Roger W. Kleppe I Senior Vice President, Human Resources and Facilities Services BCBSM, Inc. dba Blue Cross and Blue Shield of Minnesota Enclosures 25 BlueCross B1ueShield W BluePlus ® of Minnesota March 24, 2008 VIA FACSIMILE (651-675-5694) Mr. Steven Chavez- Vice Chair Ms. Kim Feller Mr. Mark Filipi Mr. Gary Hansen - Chair Mr. Thomas Heaney Ms. Dana Keeley - Secretary Mr. Nadim Zoberi Mr. Peter Dugan-Alternate Eagan Advisory Planning Commission c/o Community Development Department 3830 Pilot Knob Road Eagan, MN 55122 Re: Proposed Eagan Place Professional Building/MSP Development Dear Advisory Planning Commission Members: BCBSM, Inc. dba Blue Cross and Blue Shield of Minnesota (`BCBSM") owns property adjacent to the proposed development by MSP Development of Eagan Place Professional Building on Lot 1, Block 1, TOWN CENTRE 100 TWELFTH ADDITION, Dakota County, Minnesota ("Lot I"). We understand you will be considering action concerning the proposed development of Lot 1 at your meeting on Tuesday, March 25, 2008, and therefore, we wanted to explain BCBSM's position regarding an issue raised by said proposed development that materially impacts BCBSM's property rights. BCBSM's adjacent property consists of two parcels. One parcel has been developed with a ten story office building. The other parcel, legally described as Outlot A, TOWN CENTRE 100 TWELFTH ADDITION, Dakota County, Minnesota ("Outlot A"), remains vacant and will be developed in the future. BCBSM also owns parking easement rights over a significant portion of Lot 1 ("Parking Area") pursuant to a Supplementary Parking Easement Agreement ("Easement Agreement") between Mann Theatres, Inc. ("Mann Theatres") and Eagan Heights Commercial Park ("EHCP") dated December 30, 1993, which parking easement rights are appurtenant to Outlot A. I am enclosing a copy of the Easement Agreement for your reference. The Parking Area contains 168 parking stalls. The issue raised by the proposed MSP Development is how the parking stalls located within the Parking Area will be allocated by the City of Eagan between the proposed development on Lot 1 and future development on Outlot A with respect to meeting minimum off-street parking requirements. Prior to executing the Easement Agreement, EHCP owned both Lot 1 and Outlot RECEIVED MAR 2 4 2ROR Eagan Advisory Planning Commission Page 2 A. As a condition of the sale of Lot 1 to Mann Theatres, and as memorialized in the Easement Agreement, EHCP required that Mann Theatres execute the Easement Agreement in order to reserve parking rights over the Parking Area to benefit future development of Outlot A. In fact, the Easement Agreement grants rights to BCBSM that are akin to fee title ownership rights, in that Section 6 thereof permits BCBSM "to modify the shape and/or configuration of the parking lot, including an exchange of real property, if required, so as to reasonably accommodate the development of [Outlot A]", subject to the consent of the owner of Lot 1 (which consent shall not be unreasonably withheld), the consent of the City of Eagan, and certain other requirements set forth in Section 6 of the Easement Agreement. Eagan City Ordinance section 11.70, subd. 5 explicitly states that the minimum parking spaces required for developments "shall be provided and maintained by ownership, casement or lease, for and during the life of the respective -uses hereinafter set forth". Therefore, pursuant to Eagan's ordinances, parking spaces available pursuant to easements shall be counted toward.meeting minimum off-street parking space requirements. It is our understanding that the City of Eagan may not allow any parking spaces within the Parking Area to be counted toward BCBSM's future development of Outlot A. However, such a position would violate the City of Eagan's own ordinances, as quoted above. The parking easement rights granted by the Easement Agreement are perpetual easement rights, not limited to any particular time-period, and therefore, are available for future development of Outlot A. The City of Eagan cannot deprive BCBSM of the benefit of its property interest in Lot 1 and its rights under the Easement Agreement. Such deprivation would be in contravention of Eagan City ordinances that allow BCBSM to count the parking spaces in the Parking Area toward meeting minimum off-street parking requirements for any future development of Outlot A. We look forward to working with the City and MSP Development to resolve this matter amicably. Sincerely, BCBSM, Inc. dba Blue Cross and Blue Shield of Minnesota Roger W. Kleppe Senior Vice President, Human Resources and Facilities Services RWK:kb Enclosure 2569913 v02 03/21/2008 D. Eagan Place 3rd Addition Applicant Name: MSP Commercial Location: 1225 Town Centre Dr; Lots 2 and 3, Block 1 Eagan Place 2nd Addition Application: Planned Development Amendment A Planned Development Amendment to allow a medical/office building. File Number: 15-PA-02-02-08 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated March 20, 2008. She noted the background and history. Alex Young, MSP Commercial discussed building materials, elevations, and other development features. Member Heaney stated he will be abstaining from voting on the item. Chair Hansen opened the public hearing. Carol Eiden, Attorney for Blue Cross Blue Shield, discussed the parking area and easement east of the proposed building and stated that it should be shared by MSP Commercial and Blue Cross Blue Shield. She stated Blue Cross Blue Shield objects to the proposal because the parking should be equally divided. She stated objection to any re-striping of the parking lot due to the parking area easement. There being no further public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. Mr. Bauer explained that the matter is both public and private and explained that the City has interest in the parking rights of each property however there is a private issue with the sale agreement regarding parking as it relates to the suggested additional Condition No. 14. Member Chavez expressed concern about the density of the proposed development. Member Dugan asked staff to summarize the proposed deviations. Planner Dudziak stated the proposal included deviations to parking, setbacks and signage. City Planner Ridley explained that areas of cross-easements for parking. Chair Hansen stated the building is attractive, but he is concerned about the parking. Peter Dugan asked the applicant if the size of the building is driven by the needs of the planned medical clinic tenant. Mr. Young stated that yes, the clinic's space needs dictate the building footprint. He further explained that they anticipate the parking east of the building would be used by visitors, and the parking west of the building would be for staff. Member Filipi stated that the proposed use and size of building is appropriate in this area and that but for the parking questions, the Commission would not have concerns about the proposal. i I I 29, Chair Hansen stated he agreed with Member Filipi's comments. Member Chavez moved, Member Feller seconded a motion to recommend approval of a Planned Development Amendment and a Final Planned Development to allow a two-story medical/professional office building upon approximately 3.39 acres, legally described as Lots 2 and 3, Block 1, Eagan Place 2"d Addition located in the NE '/4 of Section 15 subject to the following conditions as amended: 1. A Final Planned Development shall be required and an agreement shall be prepared and recorded at the Dakota County Recorder's Office prior to issuance of a building permit. The following plans are required for the Final Planned Development: a. Final Site Plan b. Final Building Elevations c. Final Landscape Plan d. Final Signage Plan e. Final Site Lighting Plan 2. The property shall be replatted as a single lot and the plat recorded with the Dakota County Recorder's office within 60 days of plat approval and prior to issuance of a building permit. 3. A separate screening structure that extends at least as high as the rooftop equipment itself shall be installed. This screening structure shall be a single structure to encompass all of the equipment, and shall be constructed of materials that are architecturally compatible with the exterior materials of the principal building. Plans for the screening structure shall be provided with the building permit application. 4. Trash storage shall be located within the principal building. 5. Building signs shall be located as shown on the approved elevations, and all building signs shall be similar in design and of the same type of construction. 6. The total number of building signs shall not exceed five signs. Only one building sign shall be permitted for each tenant. Up to two building signs on separate elevations may be permitted for a single tenant occupying 50% or more of the building. 7. The Landscape Plan shall be revised to show opaque landscape screening of ground mounted mechanical equipment. 8. The monument sign shall be set back 10' from the sidewalk easement as required by City Code. 9. The base of the monument sign shall be constructed of the same brick to match the principal structure. 10. The monument sign face shall be reduced to no more than 4 feet in height. 11. All site lighting shall be downcast and shielded such that the source of light is not visible from off the property. 12. The developer shall provide evidence of private ingress/ egress easements between the properties, for review and approval by the City Attorney prior to building permit approval. 13. The developer shall provide a Tree Inventory and Tree Preservation Plan for review and approval by the City Forester prior to issuance of a building permit. 14. The applicant shall provide evidence, in a form acceptable to the City Attorney, of the shared parking rights that the property has to adjacent property, as well as any shared parking rights that encumber this property. A vote was taken. All voted in favor. Motion carried: 5-0. Member Heaney abstained from voting on the item. ~I PLANNING REPORT CITY OF EAGAN REPORT DATE: March 20, 2005 CASE: 15-PA-02-02-08 APPLICANT: MSP Commercial FEARING DATE: March 25, 2008 PROPERTY OWNER: Eagan Place Partners II, LL.C APPLICATION DATE: March 5, 2008 REQUEST: Planned Development Amendment PREPARED BY: Pamela Dudziak LOCATION: 1215 & 1225 Town Center Drive COMPREHENSIVE PLAN: SA, Special Area - Office/Service "ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment and a Final Planned Development to allow a two story medical/professional office building upon approximately 3.39 acres, legally described as Lots 2 and 3, Eagan Place 2" `1 Addition located in the NE of Section 15. AUTHORITY FOR REVIEW, PD Amendment: Chapter 11, Section 11.50, Subdivision 5 states, in part, 1. The provisions of this chapter may be amended by the majority vote of the council, eXCept that amendments changing the boundaries of any district or changing the regulations of any 1-1 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 in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY Prior, to 2005, the site was part of the Eagan Mann 9 Theater, which was constructed in 1994. In August 2005, a PD Amendment permitting construction of a Best Buy retail store was approved and resulted in the consolidation of the Mann Theater property with the adjacent parcel to the north (then occupied by a Red Robin restaurant, constructed in 2000). That Planned Development Amendment also included preliminary approval of two freestanding building pads on the south end Ci0 Planning Report - Cagan Place 3rd March 25, 2005 Page 2 near Town Centre Drive, and reserved -30 s..f of sign area on the pylon sign located on Lot 1 for the benefit of the subject site (Lots 2 and 3). The subdivision to create separate parcels for the two freestanding buildings was accomplished early in 2006. There ar-e private easements for parking and ingress-egress and shared parking that cover portions of the subject site. The Preliminary PD for these tivo lots approves retail, restaurant or office uses of 7,000 sq. ft., on each lot. EXISTING CONDITIONS The subject site consists of two parcel totaling approximately 339 acres.. The site is improved with a surface parking lot that was constructed with previous development. There are private easements with adjacent properties for parking and ingress/egress that cover' portions of the subject site. In addition, a 15' public sidewalk and snow storage easement extends the length of the property adjacent to Town Centre Drive. For setback purposes, the City Code defines the street right-of- way to include any "strip of land intended to be used for roadways, sidewalks, railroads or utility purposes on which an irrevocable right-of passage has been recorded." SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations siuround the subject property: Existing Use Zoning Laird Use Designation North Retail - Best Buy PD, Planned Development SA, Special Area Last Office PD, Planned Development SA, Special Area South Residential PD, Planned Development SA, Special Area West Office PD, Planned Development SA, Special Area EVALUATION OF REQUEST Description of Proposal - The applicant is proposing to redevelop this site with a two-story medical/office building on this site. The existing Planned Development was approved in 2005 and permitted retail, restaurant or office uses of 7,000 sq, f, on each of two lots. The proposed medical office building is 32,800 sq. ft, in area. The pr°oposed PD Amendment combines the two lots into one parcel, and places a building on the west edge of the property. The existing parking lot will be utilized with some modifications to allow for site circulation with the new building. Primary access to the site is provided from Town Centre Drive to the south.. Compatibility with Surrounding Area - The surrounding area is a mix of office and retail commercial uses. A senior apartment, O'Leary Manor, is located across flora the development site south of Town Centre Drive. The proposed medical/office use appears consistent with surrounding development and the Preliminary Planned Development.. However, the proposed qJ Planning Report - Eagan Place 3 d March 25, 2005 Page 3 development is more intense than was anticipated when the Preliminary PD was approved with the Best Buy redevelopment in 2005. Airport Compatibility- The City of'E.agan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter of its Metropolitan Development Plan that anticipates the impacts from the continued operation of the airport at its current location. The Metropolitan Council has adopted land use compatibility guidelines which incorporate the 2007 Noise Policy Contours.. Under these guidelines commercial office is considered a compatible use within Noise Zone 4. Lots -The applicant has submitted an application to replat the property and combine the two existing parcels into one lot. The combined lot area is approximately 3.39 acres. Conforming Plan - The requested amendment is for a use that is pen pitted under the 2005 Preliminary PD. As such, the evaluation of the proposed amendment focuses on compliance with the conditions and performance standards outlined in the City Zoning Code with respect to typical office development. The Conforming Plan shows a smaller building (10, 355 sq, ft. as compared to tlne lroposed 32,800 sq. ft.). The parking lot remains as existing. The Conforinning Plan satisfies the setbacks from the sidewalk easement, and exceeds the required number of parking stalls. Setbacks - Typical required yard setbacks for commercial development are 30' feet from a public right-of-way (Town Centre Drive), 10' fronn side lot lines and 20' from and rear lot lines. Parking/pavement setbacks of 20' from tine right-of=way and 5' from side and rear lot lines apply. There is a 15' sidewalk easement extending the length of the property abutting Town Centre Drive. This is a public easement and as such, City Code requires that the setbacks for both building and parking be measured from the edge of the easement rather, than from the property line. As proposed, the building setback measures 17' from the lot line, only 2' from the easement, at the southeast corner. On the southwest corner, tine building measures 33' from the lot line, and 18' from the easement. The proposed setbacks are a deviation from Code requirements, the acceptability of which is a policy matter to be determined by City officials. Tile Conforming Site Plan submitted by the applicant shows the building setback 30' from the easement edge, placing the southeast corner 46' from tile lot line. Tile Conforming Site Plan maintains the existing parking, which does not meet the required 20' setback from the easement. Parking - It appears that there are private easements for ingress/egress and parking with adjacent properties that both benefit and encumber the subject site. The applicant should provide evidence, in a form acceptable to the City Attorney, of the shared parking rights that the property has to adjacent property, as well as any shared parking rights that encumber this property. G~ Planning Report - Eagan Place .3`, March 25, 2008 Page 4 City Code requires medical offices to provide three parking stalls for each staff doctor practicing on the premises at one time or one space for each 150 sq.. ft. of gross floor area, whichever is greater. Other professional offices require at least one parking space for each 150 sq. ft of net leaseable area. Since this building may lease up with either medical or standard office uses, the range of required parking is 175 - 219 stalls. At the ripper end, 219 stalls would be required for 32,800 gross sq. ft. at one stall for each 150 sq. ft. At the lower end, a total of 175 parking stalls would be required for 26,240 sq. ft. of net leaseable area (80% of 32,800 g,s.f). The Site Plan utilizes the existing parking lot layout, with modifications to the west end near the proposed building to provide a drive aisle for north south circulation. The parking lot provides 150 stalls on site, This is 25 stalls short of the required 175, and 69 stalls short of the required 219 stalls. This parking shortage is a deviation to City Code requirements. In addition, based on the ALTA survey provided by the applicant, this entire parking lot appears to be encumbered by ail easement that benefits Blue Cross Blue Sheild, which owns adjacent property to the northeast. It appears that a parking easement benefiting the sub ' ject site (Lots 2 and 3) over the Southern part of Lot I (Best Buy) was created with the 2006 subdivision. This easement area would make available an additional 56 parking stalls.. A review of the previous Plartned Development file indicates that these stalls are in excess of the minimum amount required for Best Buy. However, these stalls are not identified in the parking calculations provided by the applicant on the Site Plan, and the actual parking rights under the easement have not been verified. Also, off=site parking in satisfaction of minimum code requirements is a deviation from typical standards, however, shared parking between lots can be accommodated within a Planned Development.. The development proposes to maintain the existing parking stall width of 9 feet. This is consistent with the parking stall size approved in the Preliminary PD Agreement for the Best Buy store. Bulk Standards - Builclhi.- Coverage - The building footprint is 16,400 sq. ft. which is 11.1`% of the 3.39 acre site. This is well below the typical coverage limits for commercial development, which range from 20% to 35%, GreedSpace/IniPerviorr.s coverage - With redevelopment of'this site, approximately 3,800 sq. ft. will be converted from impervious coverage to green space. This equates to 2.57% decrease in impervious area, and corresponding increase in green space.. Building Llevations/Avchilemire - The architectural standards applied to Best Buy in 2005 were those specified for the Cedar Grove District.. The CGD district requires 60% of the exterior to be brick, stone or glass. Since the preliminary approval of this PD in 2005, the City has adopted specific architectural requirements applicable to all commercial and industrial zoning districts. 3 Planning Report - Eagan Place P March 25, 2008 Page 5 For commercial developments, the ordinance requires at least three Class I materials and not more than 10% accent materials" The proposed building appears to satisfy both architectural standards. The finish materials are 98% brick, glass, and manufactured stone.. Metal coping along the roofline and metal canopies over the doorways are 2% of the exterior.. To illustrate the use of materials the applicant has provide a photo of a similar- building recently constructed, as well as a sample board of the proposed masonry materials. Bull ina Height - The building is proposed to be two stories The building height is 27'6", with a parapet extending to 30'6". This is consistent with typical structure height limits in commercial zoning districts which range from 30 -35 feet. Mechanical Equipment - All rooftop and ground mounted mechanical equipment should be screened from views from off the property consistent with City zoning ordinances. The building elevations show a sight line analysis indicating that mechanical equipment will be placed at least 12' behind the edge of the building, and demonstrating that from the street, rooftop mechanical equipment should not be visible- At greater distances (274' and 314') with a lower viewing angle, some portion of the rooftop equipment does become visible.. These distances enable visibility from adjoining properties and from the east end of the subject site. For this reason, a separate screening structure that extends at least as high as the rooftop equipment itself should be installed. This screening structure should be a single structure to encompass all of the equipment, and should be constructed of durable or maintenance free materials that are architecturally compatible with the exterior materials of the principal building - If landscape screening of ground mounted equipment is utilized, the landscape materials must remain fully opaque year around. The proposed ornamental grasses do not satisfy this standard and a different landscape material should be shown on a revised Landscape Plan. Trash Storage - Trash storage is located within the building. Si rage - A monument sign is proposed at the driveway from Town Centre Drive. The Site Plan indicates the height requirements will be satisfied, The monument sign is located 15' from the lot line, however, the sign should be set back 10' from the sidewalk easement. The base of the monument sign should be constructed of the same brick to match the principal structure. City Code limits the over-all sign height to 7', with a sign face not exceeding 4' in height- The proposed sign face is a smooth manufactured stone, with surface-mounted letters in brushed aluminum. The proposed sign face is 5' in height. This is a deviation from typical Sign Code standards and the monument sign face should be reduced to no more than 4' In height. Building signage is proposed on the south side (two signs) and west end (three signs) of the building. This signage is proposed for tenant names. Building signs are proposed to be located within a sign band at the top of the building. The area of proposed signage appears consistent Planning Report - Eagan Place 3'd March 25, 2003 Page 6 with City Code requirements; however, the number of permitted signs would be dependent upon the number of tenants, which is unknown at this time. Staff suggests the following parameters for building signs: a) the total number of building signs should not exceed the five signs as proposed; b) only one sign should be permitted for each tenant; and c) two signs on separate elevations may be permitted for a single tenant occupying 50% or, more of the building. Building signs should be located as shown on the approved elevations, and all building signs should be similar in design and of the same type of construction: Landscaping - The Landscape Plan shows relocation of 15 of the existing trees along the outer edge of the property along Town Centre Drive between the building and the street. New trees are proposed to be installed in those areas. The Landscape Plan does not specify where the relocated trees will be placed. The Landscape Plan should be revised to provide this information to be included in the Final Planned Development Agreement. If the trees cannot be relocated on site, they will be removed to make way for landscaping that better fits the new development and site layout. The Landscape Plan shows 37 new trees (shade trees, evergreens and ornamentals) throughout the site. Screening of parking areas is provided by a row of Dwarf Korean Lilacs. Two shade trees and gro-low sumac are proposed within the parking lot islands. The foundation around the building is landscaped with a variety of shrubs and perennials.. The driveway is flanked with planting beds of'perennials and annuals. The electrical transforriler is located off the southwest corner, of the building and is proposed to be landscaped with ornamental grasses.. The Landscape Plan should be modified to provide an opaque landscaping screen of the mechanical equipment as required by City ordinance. Site Li ~ghtina -Site lighting is proposed to be through pole-mounted 400-watt metal halide fixtures. Pole-mounted lights are at a height of 25', one at the northwest corner of the site is 15'. The photometrics show acceptable light levels of not less than 0,5 footcandles within the parking areas. All site lighting should be downcast and shielded such that the source of light is not visible from off the property. Light levels along Town Centre Drive are less than 0.5 footcandles with the exception of the driveway.. At the east end of the parking lot, light levels reach 22 footcandles. The adjacent property is vacant and contains a driveway from Town Centre Drive to the office building northeast of the subject site. GradinJTonogMphy - The site was graded with previous development. Grades and slopes on the site will remain generally as current, with the site sloping toward the existing Pond DP-20 (as designated in the City Storm Water Management Plan) along the north. Stonir Drainage - The proposed land use change will utilize the existing storm drainage system on the site, with slight modifications. Storm water runoff will drain the Pond DP-20 along the east side of the site. Utilities - Existing sanitary sewer and water main of sufficient size, depth, and capacity are available from Town Centre Drive for connection by this development. Or- Planning Report- Eagan Place P March 25, 2008 Page 7 Streets/ Access/ Circulation - Vehicle circulation between this lot and the Best Buy lot is provided via parking lot service drives. The developer should provide evidence of private ingress/ egress easements between the properties, for review and approval by the City Attorney prior to building permit approval. Pedestrian circulation in the area is provided by sidewalks and trails on Town Centre Drive and Yankee Doodle Road connected to the City's trail system. Access to Town Centre Drive is proposed at the same three locations as the existing accesses for the current land use. The northerly access to the site (Best Buy) directly aligns with Town Centre Drive and is one leg of the four-way stop intersection with Town Centre Drive (south and west legs) and Yankee Place (north leg). The middle access to the site (also on Best Buy property near the property line) is located near the inside of the curvature of Town Centre Drive, and the third access is near the eastern edge of' the property:. The recently approved Yankee Doodle Road Corridor Study indicates that the nearby intersection of Yankee Place at Yankee Doodle Road (County Road 28) is to be modified to a "3/4" intersection that will eliminate left turn movements from northbound Yankee Place/ Town Centre Drive onto westbound Yankee Doodle Road. Easements/Rights of Way/ Permits - There are existing private easements in place that both benefit and encumber the property. The applicant should provide evidence, in a form acceptable to the City Attorney, of the shared parking rights that the property has to adjacent property, as well as any shared parking rights that encumber this property. Wetlands/Water Quality - With redevelopment of this site, impervious coverage on the development site will be reduced from 58..03% to 55.46%. Tree Preservation - The site was previously developed and contains existing landscape trees along the southern edge of the site. Many of these existing trees are of a size that qualifies as "significant" under the City's Tree Preservation ordinance, however', some are damaged or unhealthy. As a single-lot commercial development, the Tree Preservation ordinance allows up to 30% removal of existing significant trees. Relocated trees can be counted as preserved. As rewired by the ordinance, the developer should provide a Tree Inventory and Tree Preservation Plan for review and approval by the City Forester prior to issuance of'a building permit. Parks and Recreation - Park and trail dedication was satisfied with previous development of the subject site- SUMMARY/CONCLUSION The applicant is requesting approval of a Planned Development Amendment to allow a two story medical/professional office building upon approximately 3.39 acres, legally described as Lots 2 and 3, Eagan Place 2"d Addition located in the NE of Section 15. Approval of the PD Amendment constitutes simultaneous approval of a Final Planned Development. Planning Report - E-agar Place P March 25, 2008 Page S The proposed medical/office use is permitted in the 2005 Preliminary PD. The proposed development is more intense than was anticipated the in Preliminary PD. The Preliminary PD anticipated two 7,000 sq.. ft. buildings; the PD Amendment proposes a single two-story building of 32,800 sq, ft. With only one building now proposed, the property is being replatted into a single lot. The proposed building architecture and materials satisfy City Code standards and it appears compatible with surrounding uses. Deviations are proposed to setbacks from the sidewalk easement along Town Centre Drive and to parking requirements, All of the parking available for this use appears to be shared via private easements with adjacent properties. Verification of the private easements that both benefit and encumber this property will need to be provided to the City. The development will need to provide for additional screening measures for rooftop mechanical equipment and a Tree Inventory and Preservation Plan will need to be provided. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment and a Final Planned Development to allow a two story medical/professional office building upon approximately 3.39 acres, legally described as Lots 2 and 3, Eagan Place 2" d Addition located in the NE of Section 15. If approved the following conditions shall apply: 1. A Final Planned Development shall be required and an agreement shall be prepared and recorded at the Dakota County Recorder's Office prior to issuance of a building permit. The following plans are required for the Final Planned Development: a. Final Site Plan b, Final Building Elevations e. Final Landscape Plan & Final Signage Plan e. Final Site Lighting Plan 2: The property shall be replatted as a single lot and the plat recorded with the Dakota County Recor'der's office within 60 days of plat approval and prior to issuance of a building permit. 3. A separate screening structure that extends at least as high as the rooftop equipment itself shall be installed. This screening structure shall be a single structure to encompass all of the equipment, and shall be constructed of materials that are architecturally compatible with the exterior, materials of the principal building. Plans for the screening structure shall be provided with the building permit application. 4 Trish storage shall be located within the principal building, i III q7 Planning Report- Eagan Place 3'd March 25, 2005 Page 9 5.. Building signs shall be located as shown on the approved elevations, and all building signs shall be similar in design and of the same type of construction_ 6. The total number of building signs shall not exceed five signs. Only one building sign shall be permitted for each tenant.. Up to two building signs on separate elevations may be permitted for a single tenant occupying 50% or more of the building. 7. The Landscape Plan shall be revised to show opaque landscape screening of ground mounted mechanical equipment, 8. The monument sign shall be set back 10' from the sidewalk easement as required by City Code. 9. The base of the monument sign shall be constructed of the same brick to match the principal structure. 10. The monument sign face shall be reduced to no more than 4 feet in height.. 11. All site lighting shall be downcast and shielded such that the source of light is not visible from off the property. 12. The developer shall provide evidence of private ingress/ egress easements between the properties, for review and approval by the City Attorney prior to building permit approval. 13. The developer shall provide a Tree Inventory and Tree Preservation Plan for review and approval by the City Forester prior to issuance of a building permit:. Eagan Boundary Map Right-of-way Location ~ Parcel Area Park Area Building Footprint ~I O pC0 _ ~ - T y ~ L j~ ~ µ°.m..°°fRY1Y . i C; p $ i - q o p o Subject Site -TT Coun7Y ROAD n0.25 (YANKEE 13000te hOAD) a Q = - ~ 00 000 DO Ot3 0DO OpQ o` 4 Q S3~ 1 ua a n Q `Q o o i n a u I e uetinoaoeava x ouca°mon at C::4 0=3 ~ ueouooat++a ~ O o O Q a7 = - boa ~ a dGo- .P a ti ° ° n o a~a Q~. o t3 4 ° Q r D ~fi ° t4 0 fl q as p4 d n o- / _ 6 a ° r5o R'A ®~/A 3000 D 1000 2000 Feet Development/Developer. Eagan Place 3rd Application: Planned Development Amendment Case No.; 15-PA-02-02-08 N lo'City of E$ n THIS MAP IS INTENDED FOR REFERENCE USE ONLY w L The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are 4 community Dovotcpmont Dopartment not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Land Use Map Eagan Place 3rd Planned Development Amendment 15-PA-02-02-08 Zoning Map PO 43. A ea I'D PD ` 3 PD LD i Current Zoning: CDURYYROADtuo.2A4YANKUDDODLEROAD) Location PD PD D LS Planned Development D CSC PD PD LL I PD P CSC PD PD ° D i i PD C 7c5 too 1po F.., 5 4$: Comprehensive Guide Plan 0 5A Land Use Map =4 SA l SA S EoUNY( "DAD NO= IYAWEr Location S SA SA Current Land Use Designation: A sA SA A \ Special Area SA SA A P SA H L HD L HD ' I co0 o coo 1200 r..t Sq i PArcal Pao- mnp Intofmonon provldodfy oako/n County Lnnd S-.y Dnpaftfnert D-bar 2005. n Zaning IntotmeeDn rnofnlalnod LyClty 3WE City of Pty ripap City o1 E THIS MAP IS INTENDED FOR REFERENCE USE ONLY 1Y L The City of Eagan and Dakota County do not guarantee the accuracy of this Information. 5 hill lie ? 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AN PLACE PROFESSIONAL OULONG ROM1 /`O up, ]RTMASMbn%T.m A=T lVNl711SCF➢ 1,1'MYL! , aasatlw++,v,At?ricrtq,,,,,,,, 6~.. ,q l-.E TtNfA0.t tt'L'FO R. 1,~ „T. 6mq Q{_T.{Q?ENI6.!. h......-.... 4 DD•002 rtm uaxnawm,xne htSP COMIdERCIAL ?rtorc=acK¢[~i iu7EaTw+ESin eunxm .t/ Engineering SITE PLAN 'ten ~~r~, w LISiOYTJt QH1VE UCORtt hIN 54W naea a, ins-•cu-e.an . _ nubYSeeaoo>ti..etiatl.. Ec > tv. % \ ~ .It i 11 / / f '~•I 1•e oT. ~~~`7 I ~ ~ HIM, I III' / I III ryb ' ~-t.:*, ~//i' _ ~t~• ( I ! { / ! ik ,III i' / _ L 1 3: Y?rq. I T':x ! t1 11 I I I j O I t' / At I ,Itl { Z I~ r/ r r1 I I I i 3g a6~~ps s ti 8 . ~c~ Lgl~g 6$ % ~~'.7 I \ . l y ~ ~ ~ - i ~ ~~rI III j j[l~Ei ER~ a py ft pb l d~ r ! I y\;I r/ Q IN l ¢ EL -Pon ga g a F g M1 ~ It c~a'~•:--'_--'.' _ ~//kp _ ~ ~ d R~€ ~ I=YEE E F 3 9 GRADING/DRAINAGE PLAIN ~,3~ f4'Ae"" EAGAN PLACE PROFESSIONAL BUILDWG am,<sranarnurnanutn¢rr,,rnaon ~ 10 WYE o:srnr ~nwuh~~aTn-~ co [/~J IIPtR4+~l~n,.rIFYARLTlSSJ6LD r~~~ ama a?ito,aalsl.t GNOZ 7M P4LE".SIDYtEIChTOla0U1fE V.n:OF ttE W lASP CDlItAEAG291 MtEWW.Ce,A mva trr ; =sm Weis nw ruvewun EnRtneCrtng 71 GRADING, DRAINAGE u an e,cr a Atsiori'c1i bRNE ALOIl C!ma muxrm rmata+nrnae.:poiatmu J. & EROSION CONTROL PLAN mrbmmn No.,a.nu . ~.:a46s0-0artaaR~i~t V_J a v ~ 7 b. - _ 7a,'., M11 7 141 11 L Jill l~~ tiiE`gx~e=~ 9 I E € Il { • 1 ~ 1 E 12' Rcp (o.E r ~yi gpp [q p v 1j _fj ~L,s cps 1,r~ F ~S3 qa F>• P3 ~3p~ 88# a #p6~,~➢5@ 1411 HIM in-11.1 ,II I i ~ ~ 'E g V7 9 g e6 6 ~ a g~R~#E~ ix~4~3c 02D. gill I s a x ...rrr~~ 5 mss^xa LAW PLACE PROFMIDNAL RUlEDOG neaarun7craw netwtucrnunax o~ ~uuarrM rrce ,utt a~~mw ,fir ImVIIMYS N6lIV®K,Eatif9fp,n•ONLt ..)•=T.A fl:RLtW1YRW ptvARJl 7b1 SiDA,Y.nG/Aw I1Nfi Nt~LE113(.DC1D RYlCDM „7, ~m91 a!'I.P?ne7ARf.!...... . CO & 48-0DZ tWCOWAERpA1. ntim s mmuarxne unzar ~ .t' Engineering OdPmM UTILITY PLAN C!➢itf r 915 m mmoo, &W M4 6177: tl%.6 ~ro~,, nW,:Wdat~Qmnn.py.~~~y . { l isle E ! ! t itjl t~r E~~ ~ y~.~ ~^T+~ •y r ~-7•.l. tl tE c! i(I ~E i I 1 ` tiO ~ it _ ~ ~ gDAggq^F~ ( C € ~ q nnnnns0en • gaeaaaagg 1 p •c7 = - {F- i 4'! o y /gyp - ~ Mal . . . . . . ~p@~ppppXex i yyy F°IM 11E :1 WIT, tt.., - of ~a by ~d is i t t e` _ _ rtrm EAGAk PMEPROr'FS SlotMOU4t01HG _ caner .~v are ~r<.«msrH r CO I-lJ G7 b 09-002 .i . =-.m rrttta?uern.we;aurrrc hLSP COMMfiFtCtAL tea,. _ ; ~ Engine^ring . ucnf ~ _ etsTrnrgtxttv¢.u_attAwtssca SITE LIGHTING mnrnnaHr~ctt rmn tp e+ i tee" Its cn / i g: Y 6 d . ~ \a t _ ~ ~ c ~ - orb~ g~~ 5~ „ 4e• 1P fill) 1,011 tift' 10 !7{n;{ 'if J o•, ~O ~l~jF;jtj~Itjj` I ,~~E ~f e n ~ i ~ 'Ka N ~ , ~'ad~F E i t 2 p t~t ai t• ~ ~ ~ ,j Ili if g at€ Y{ 8 P~ E H B= f! t -1 [fit lip, 111 NMI 9 I Iii P ii voBp KC - e d bgP~a6i r~Y& `f If ~u EAGAN PLACE PROFESSIONA! BUILDING the, n a t u r a group, Inch. ~ry wr orvvr~ r- N Og-002 of r•.,.•u,.i,".n,. ncsc+~m i. xaw nopc H+rn~n anwm~4.. Engineering M'Sp COl1AiERCl4L r armor atta+oratrsri O ~U LANDSCAPE PLAN msxa~u-- . Tcnwa+aurec palanee - 1/07 114~ 000 -1 Hip, salt y..,,_a Rai - 3CC~ ~jryr ~f. q T ~ ~ E 1~:1 ~ ~ ! ~,~a~,. ty''y~.x a ae 8 ~ 0 a U 6S gp. (pg~ Fr. C 1 O S ~~`c11~ `I. 1 tali ly ^,Y ~ +YN C} ~ F F' R r: I m i p o a :.1 ' p f. ' ':Ir: I 1 9 ~ TTfj IY i 1 .IL .VS .fi .4C , Vii.. II5g~0 ~ ~ ~ ~ ~6~¢OL~ ' 1 1 h q3~ f r 1 72 A 1 1 r , •t tit I H _ - ' .~L L Sa '~sy a g a jtT¢E¢ pg g~ ~9 pp Lc r-1 fig . fi I ++a ( ~ ~%5 •E ~ ~ ~ ~~"~1: 6EP§~d3a n $ F rA¢ Ix, a f ~,`sac:~ c` ~r.--c^.~rs.,.:rati~s~~:•. rv..::.,.~. :•,vcnc;~.sx~.r.nn R~ '1 5 ,saaaln ,lanurrumnurnewxc¢rutava gym. +ev arc ~..tero, 'Or O 177~ EAGAN PLACE PROFESSIONAL BUILDING u~ortnnyrurumn>&muacnlur~cf ra aam~++,vonw,u,Awrua+cva ~®n. I.exssl~nMwnru,p,vcr+u,.... ~ N & 08-002 n~xsmvte cnmuo Rn¢wnnnE x auw otr.Cas¢xis(i MSP CDWAERCtAL narEaw+car.\ nuwrrr Engineering + oavmrr 41570 fdtOrtC67 N CONFORMING SITE PLAN PER --minumm, u,wtssfo 149MAe « THE CITY OF EAGAN STANDARDS or rr »zt~ Ou l>m hire wev u,i//rn.7n ,..,-++a.l ~nNGnt~neirur, CJ-rc Of AAI (O I E ° February 20, 2008 Julie Strid j' Planning Aid - City Hall o - 3830 Pilot Knob Road N Eagan, MN 55122 ,m _ 4 RE: MSP/ Eagan Place Professional Building 'Um PID #'s 10.22464-020-01, 10-22464-030-01 Dear Ms. Strid: n» m We are most pleased to submit herewith our project package for a professional - medical/professional building site for appropriate approvals. MSP requests the City of Eagan to consider approvals of a final plat, planned development amendment and final r planned development for our proposed medical/professional building. wmw MSP Metro Development Company, LLC ("MSP Commercial") has developed many ~„C. medical/professional office buildings in and around the Twin Cities, including Eagan. We developed the Yankee Doodle Professional Building in 2006 and the Town Centre Professional Building (just down the street from this proposed location) in 2000. The Eagan Place Professional Building will be our third first class medical/professional building in Eagan. We modeled the proposed building after a building we opened just lost summer in Roseville. The building was very well received by the community both for its high quality design and materials. We would expect to begin construction on this project in the spring of this year, and in the near future will begin actively marketing the balance of the space available after our anchor tenant settles on final floor plans. Currently, the neighboring site uses include corporate headquarters, a Best Buy retail store, a government building and multi family housing complex to our southeast. In addition to the immediate uses, it is also important to note that this area has become a medical hub for Eagan and with the addition of our proposed building this trend will continue. Our use enhances and complements the uses of fhe surrounding area _ This property has. a history of development and redevelopment. Most recently an old theater was removed to make way for the new Best Buy, which was part of a larger approval area, including the redevelopment of this site. Currently our site consists of 1.91 acres of overflow parking which translates to 1.91 acres of impervious surface area with no buildings. Our plan will reduce the total impervous area to 1,75 acres while adding a building and reducing runoff of water and chemicals into the City's regional pond The impervious area will be replaced with green space. We have been working with Blue Cross Blue Shield, our neighbor to the east, on some underlying private easements that encumber the property. Our intent is to meet with them the week of the 251h of February to discuss our proposed plans and to hopefully come to an agreement which will allow for our development as proposed. They are open to talking with us but want to make sure that future development of their site is not harmed. I ( RECEIVED FEB 2 a z~~~ We hope that you will find this proposal an exciting addition to Eagan. Please feel free to contact us with any questions. Thank you for your time and attention. Sincerely, G~ Alex Young Vice President 11 ea ' 1~f L.. - 4 _ ~ I 44 N _ t 4 f :L n ~x ~ f y y ~ +5 itic i 19 it 1 ot 4 v 1 f 1 " r - _ v M W Y Yi t a--- "Y C _ g6 i V y- ,,t i . L i= e - W - 11~; W U Z? Oo I- b v1 r cl~w a W p Z' oa. le t s t= OQ ran ' °d $ $ u J 39 _ ~ 3Cs - u.. e2 I _ I I I 4°A I I I I I I I I 99 I 44 s°;a°Oo , Oo ssr 3.60,ZYAOS ( 4~m. Z I _ - CS•' wna. ur mnm a - I" 9.60.ZOO OS' vn O I u5 g ~ i m.,.z 0 66 8: ;r-- j I L U, Q I ; g I LU I ~ . \ 3~ 'yol'~ i I V. I he . ~ Osr , ~~rM PV I A Q _ t I n0 \ X11 I ~ I -_____J 3.60,ZY.OOS \ - -00.90, - - - - - - - I fY'1 ----j;.- Wes, W a f W r I • E W Z -T_____~------------------------- Q w 1 I„ •i••• y I I 1 r Q • ~ g 11 1~ ~ I I W x I" I roL,, 1 BY'SSr d.60,ZYA0N "W^o. ' I it I 1 tl I r I b$°: ,r / o N c• i 4 u / 31 %6.6 AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER APRIL 1, 2008 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. Approve EDA Minutes D. OLD BUSINESS 1. CEDAR GROVE REDEVELOPMENT DISTRICT - Consider Stipulation of Settlement for Oak Trust Credit Union Property at 3880 Sibley Memorial Highway E. NEW BUSINESS 1. NORTHEAST EAGAN REDEVELOPMENT DISTRICT - Receive Recommendation of Finance Committee Regarding Northeast Eagan Redevelopment District TIF Review F. OTHER BUSINESS G. ADJOURN Agenda Information Memo Eagan Economic Development Authority Meeting April 1, 2008 NOTICE OF CONCURRENT ACTIONS The Council acting as the Board of Commissioners of the Economic Development Authority ("EDA") may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the agenda as presented or modified. C. CONSENT AGENDA ACTION TO BE CONSIDERED: To approve Consent Agenda as presented or modified. 1. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the March 3, 2008 EDA meeting as presented or modified. ATTACHMENTS: ® Minutes of the March 3, 2008 EDA meeting on pages t T MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota March 18, 2008 A meeting of the Eagan Economic Development Authority was held on Tuesday, March 18, 2008 at the Eagan Municipal Center. Present were President Maguire, Commissioner Carlson, Commissioner Fields, Commissioner Bakken and Commissioner Tilley. Also present were Executive Director Hedges, City Engineer Matthys and City Attorney Bauer. ADOPT AGENDA Commissioner Tilley moved, Commissioner Bakken seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 CONSENT AGENDA Commissioner Bakken moved, Commissioner Tilley seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 1. It was recommended to approve the minutes of the March 3, 2008 EDA meeting. OLD BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT SALE OF PROPERTY LOCATED ON GOLD TRAIL TO DAKOTA COUNTY CDA City Administrator Hedges discussed the proposed sale of city owned property located on Cedar Grove Parkway and Gold Trail for redevelopment purposes. Commissioner Fields moved, Commissioner Bakken seconded a motion to approve Findings of Fact and Resolution to sell city owned property located on Cedar Grove Parkway and Gold Trail to the Dakota County CDA for redevelopment purposes. Aye: 5 Nay: 0 NEW BUSINESS NORTHEAST EAGAN DEVELOPMENT DISTRICT REVIEW OF TIF DISTRICT STATUS City Administrator Hedges discussed a need to overview the analysis of the status of the Northeast Eagan Redevelopment District with the Finance Committee to determine whether any alterations should be considered in the district moving forward. 1,14 Commissioner Bakken moved, Commissioner Tilley seconded a motion to direct a review of the status of the Northeast Eagan Redevelopment District TIF District to the City Council Finance Committee for consideration. Aye: 5 Nay: 0 OTHER BUSINESS There were no Other Business items. Commissioner Tilley moved, Commission Fields seconded a motion to adjourn the EDA meeting at 7:45 p.m. Date Thomas Hedges, Executive Director II-7 Agenda Memo Eagan Economic Development Authority Meeting April 1, 2008 1. CEDAR GROVE REDEVELOPMENT DISTRICT - STIPULATION OF SETTLEMENT FOR ACQUISITION OF OAK TRUST CREDIT UNION PROPERTY ACTION TO BE CONSIDERED: To approve (or deny) a stipulation of settlement for condemnation action with Oak Trust Credit Union at 3880 Sibley Memorial Hwy for redevelopment purposes. or To continue consideration of the item to the April 15, 2008 EDA meeting. FACTS: • As part of its efforts to acquire and assemble property for the development of the Cedar Grove Redevelopment District, the City, through the EDA, approved the acquisition of certain properties in the District by eminent domain. • The owners of the Oak Trust Credit Union property were among those who did not object to the action at the time of its commencement. Judge Mayer issued an order to grant title to those properties to the EDA and to appoint a condemnation panel to determine the value of those properties. The parties may negotiate a price and consider a settlement at any time during the process. • At the time of packet preparation, the City Attorney and property owner's attorney were addressing fmal issues with respect to the proposed settlement stipulation. If the agreement is fmalized and signed copies of the stipulation are received from the property owner prior to the meeting, that information will be forwarded to EDA for consideration. If not, staff will recommend continuation to the April 15 EDA meeting. ATTACHMENTS: • None f)9 Agenda Memo Eagan Economic Development Authority Meeting April 1, 2008 1. NORTHEAST EAGAN REDEVELOPMENT DISTRICT - RECEIVE RECOMMENDATION FROM FINANCE COMMITTEE REGARDING STATUS OF DISTRICT ACTION TO BE CONSIDERED: To approve (or deny) a recommendation by the City Council Finance Committee regarding the status of the Northeast Eagan Redevelopment District. FACTS: • At the March 18, 2008 meeting, the EDA directed consideration of this item to the council Finance Committee for its review. The Committee is scheduled to meet on April 1, prior to the City Council and EDA meeting. • The City is at a point at which it has a number of options regarding the continuation or modification of this TIF District. The options have different impacts on the amount of TIF assistance available to the McGough Blue Gentian project, the amount of TIF that would be available to pool to other redevelopment districts within the City and the potential to provide TIF assistance to a redevelopment project on the south side of Hwy 55, should one come forward. The options also have consequences related to the length of the district term and the coverage of fiscal disparities costs. • Additional information in this regard will be reviewed by the Committee. If the Committee recommends a modification of the district, it would be appropriate for the EDA and City Council to consider the initial steps necessary to start that process at Tuesday's meeting. ATTACHMENTS: • None - A summary of the Committee recommendation will be shared at Tuesday's meeting. Agenda Information Memo Eagan Economic Development Authority Meeting April 1, 2008 F. OTHER BUSINESS There is no other business to come before the EDA at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the Economic Development Authority meeting.