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.
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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.
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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
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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.
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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".
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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;
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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.
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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
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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.
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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
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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
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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
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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
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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.
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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):
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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
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2008 SANITARY SEWER
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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 ¢ _
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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
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" 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.
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Conditional Use Permit
Land Use Map 11-CU-03-02-08
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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
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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)
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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
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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.
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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
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Development/Developer. 3225 Denmark Ave
Application: Planned Development Amendment
Case No.: 10-PA-01-02-08
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City of Faun THIS MAP IS INTENDED FOR REFERENCE USE ONLY w
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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
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Zoning Map
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Current Land Use Designation:
SA
SA
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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
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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
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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
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THE CITY OF EAGAN STANDARDS or rr »zt~ Ou l>m
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° 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
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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.