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05/06/2008 - City Council Regular
AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING MAY 6, 2008 6:30 P.M. 1. ROLL CALL & PLEDGE OF ALLEGIANCE 1 II. ADOPT AGENDA (At approximately 8:00 p.m. the Council will take a short recess) III. RECOGNITIONS AND PRESENTATIONS A. RECOGNITION of the Retirement of Police Officer Bill White B. PRESENTATION by the Sierra Club c} C. RECOGNITION of Holz Farm Friends of the Farm Volunteer IV. CONSENT AGENDA PS A. APPROVE MINUTES B. PERSONNEL ITEMS ,(p C. APPROVE Check Registers (7 D. PROCLAIM May 17, 2008 as Arbor Day and the month of May 2008 as Arbor Month in the City of Eagan ~ aE. ACCEPT Donation of beverage counter in the Civic West Arena P.2.3F. AUTHORIZE the advertisement for bids to enclose the mezzanine level of the Civic Arena f dt~ G. APPROVE Temporary 3.2 Percent Malt Liquor License for the Eagan Lions Club for the Fourth of July celebration (July 3-4, 2008) and waive the $25 license fee f.V H. APPROVE agreement with PropertyRoom.com, Inc. for the auction and disposition of unclaimed and surplus City property et NO I. APPROVE Tree Contractor License for Brent Aspenwall, Aspenwall Tree Service, Inc. f-;7 J. APPROVE extension of recording Final Plat for Blue Gentian Corporate Center M0 K. APPROVE extension of recording Final Subdivision and Conditional Use Permit for Diffley Plaza 2"d Addition le. y3 L. AUTHORIZE preparation of formal Wetland Bank Plan Application ~llcfJr. M. APPROVE formal name change for Pond JP-23 to Coventry Pond ~47N. APPROVE the 2008-09 Winter Trail Maintenance Program m O. APPROVE Resolution authorizing the purchase of usual and customary items and services for City operations and functions V. PUBLIC HEARINGS Pp-c- a A. CERTIFICATION OF DELINQUENT FALSE ALARM BILLS P91 B. CERTIFICATION OF DELINQUENT WEED CUTTING BILLS ~E& C. CERTIFICATION OF DELINQUENT BOARD UP BILLS -,59 D. CERTIFICATION OF DELINQUENT DEBRIS REMOVAL BILLS fEg E. CERTIFICATION OF DELINQUENT UTILITY BILLS ~7) F. VARIANCE AND FINAL PLAT - ABF Addition -A 10 foot variance to the required building setback of 50 feet from the public right-of-way and a Final Plat of 8.02 acres to create one lot located at 2750 Lexington Avenue South on Lots 3, 4, 5 and 6 Plainview Addition in the NW % of Section 02. . g3 G. VARIANCE - Copper Lane - Adam Avery - A 5 foot variance to the required 30 foot front yard setback to build a covered porch located at 2066 Copper Lane on Lot 40, Block 8, Cedar Grove No. 4 in the NE Y4 of Section 30. V1. OLD BUSINESS 1• A. PLANNED DEVELOPMENT AMENDMENT AND 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 2 & 3, Block 1, Eagan Place 2"d Addition in the NE Y4 of Section 15. VII. NEW BUSINESS A. CONDITIONAL USE PERMITS AND VARIANCE - Diffley 35 - EFH Co. - A Conditional Use Permit to allow a loading dock within 300 feet of a residential zoning district, a Conditional Use Permit for a building over 25,000 square feet and a Variance from the hours of operation within 200 feet of residential zoning ,D districts located at 1646 Diffley Road on Lot 4, Block 1, Diffley Plaza in the NE % of Section 29. 1~,l~pg B. PLANNED DEVELOPMENT AMENDMENT - EZ Air Park - A Planned Development Amendment to expand the office building and make site improvements located at 2804 Lexington Avenue on Lot 7, Plainview Addition in the NW % of Section 02. C. CONDITIONAL USE PERMIT - Cafe Chili Peppers - A Conditional Use Permit to allow on-sale liquor in conjunction with a restaurant located at 1282A Town Centre Drive on Lot 1, Block 1, Town Centre 70 2nd Addition in the NW % of Section 15. D. ON-SALE LIQUOR AND SUNDAY LICENSE - On-Sale and Sunday License for Cafe Chili Peppers USA d LLC dba Cafe Chili Peppers located at 1282A Town Centre Drive c, E. PLANNED DEVELOPMENT AMENDMENT - White House Custom Color - A Planned Development Pa o4 Amendment to increase the size of the building located at 2840 Lone Oak Parkway on Lot 1, Block 1, Waters Annex in the SW % of Section 01. VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY A. Call to Order 2 B. Adopt Agenda ~J C. Consent Agenda 1. APPROVE minutes of the April 15, 2008 EDA meeting pp D. Old Business 1.~.~ 1. SOUTHEAST EAGAN REDEVELOPMENT DISTRICT - Consider Extension of Timeline for District Certification. E. New Business F. Other Business G. Adjourn X. ADMINISTRATIVE AGENDA / COUNCIL COMMENTS XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. ADJOURNMENT Lt ~6 City of EWo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MAY 2, 2008 SUBJECT: AGENDA INFORMATION FOR MAY 6, 2008 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the May 6, 2008 City Council agenda, the following items are in order for consideration. I Agenda Information Memo May 6, 2008 Eagan City Council Meeting RECOGNITIONS & PRESENTATIONS A. RECOGNITION OF BILL WHITE'S RETIREMENT AND YEARS OF SERVICE ACTION TO BE CONSIDERED: To recognize Bill White, Police Officer, for 33 years of service to the City of Eagan. Agenda Memo Regular City Council Meeting May 6, 2008 RECOGNITIONS AND PRESENTATIONS B. Presentation by the Sierra Club Mike Obermueller, Sierra Club Volunteer Leader of the Sierra Club will be presenting a certificate of recognition to Mayor Maguire and the Council for their support of the Mayors Climate Protection Agreement. Agenda Memo May 6, 2008 City Council Meeting RECOGNITIONS AND PRESENTATIONS C. RECOGNITION of Holz Farm Friends of the Farm Volunteer ACTION TO BE CONSIDERED: Recognize Don Holz for his volunteer hours at Holz Farm. FACTS: • Don Holz is being recognized for reaching the 1500 hour milestone. • The volunteer efforts of the Friends of the Farm have been an extremely valuable component to the success of preserving the 1940's farming heritage for the community. • The Friends of the Farm organization provides volunteer hours and financial support that allow for programs and restoration work at Holz Farm. • Volunteers contributed a total of 1083 hours of service to Holz Farm in 2007. • Friends of the Farm volunteers are recognized by the City Council after they've reached specific volunteer hour milestones. • Spring is a busy time at the farm as the volunteers and City staff prepares the farm for the Holz Farm Spring Festival on Sunday, May 18th and summer camps that will take place in July. The Farm also hosts the Eagan Garden Chub plant sale on Saturday, May 10t". • The entire community is invited to join the volunteer efforts at the farm by becoming a member of the Friends of the Farm or by pitching in on Spring Clean-up Day held on Saturday, May 3rd from 9 a.m. until noon. • Recreation Program Manager Nowariak will recognize Don in honor of his dedication to Holz Farm. ATTACHMENTS: 0 None. Agenda Information Memo May 6, 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 April 15, 2008 regular City Council meeting and April 8, 2008 Special City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the April 15, 2008 regular City Council meeting are enclosed on pages (D through/ D . • Minutes of the April 8, 2008 Special City Council meeting are enclosed on pages t~~• MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota April 15, 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, April 15, 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, Public Works Director Tom Colbert, City Attorney Mike Daugherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve the agenda as presented. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATIONS Mayor Maguire briefly discussed the planned merger between Northwest Airlines and Delta Airlines, noting that the City is not party to any of the details regarding the merger. CONSENT AGENDA Item P was pulled for discussion. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the April 1, 2008 regular City Council meeting and as presented. B. Personnel Items 1. It was recommended to approve the hiring of Jacob Loesch, Ryan Neumann, Kevin Weber and Robert Rausch as seasonal park laborers 2. It was recommended to approve the hiring of Richard LeMay, Megan Grouws and Leah Ehret as seasonal park attendants 3. It was recommended to approve the hiring of Joseph Carchedi and Craig Spande as seasonal ball field attendants. 4. It was recommended to approve the hiring of Adam Nelson as a seasonal customer service assistant. 5. It was recommended to approve the hiring of Christopher Klawiter and Gary Royal as a part-time seasonal custodians at the Community center 6. It was recommended to accept the letter of resignation from Anastasia Fleisher, Custodian at the Civic Arena. 7. It was recommended to approve a change of the job title from Commander of Fire Prevention Services to Deputy Fire Chief. This request does not include a change to the current salary C. It was recommended to ratify the check registers dated March 27, 2008 and April 3, 2008 as presented. D. It was recommended to approve an amendment to the Contingent Settlement Agreement regarding the Wensmann v. City of Eagan matter to clarify the nature of the land use and zoning applications to be considered by June 20, 2008. E. It was recommended to accept the Finance Committee recommendation regarding the Elected Officials Out- of-State Travel Policy. F. It was recommended to approve a resolution to require financial securities for development projects to be 08-13 issued by established financial institutions with branches in Minnesota. G. It was recommended to approve changes to the City Code, Chapter 2.78 to update and clarify building addressing regulation and direct the City Attorney to publish the changes in the City of Eagan's official newspaper. H. It was recommended to approve changes to City Code Chapter 10.40 to regulate recreational fires, prohibit barbecues on balconies in certain situations, and to regulate open burning and direct the City Attorney to publish the ordinance amendment in the City ~off Eagan's official newspaper. mot' Eagan City Council Meeting Minutes April 15, 2008 t Page 2 1. It was recommended to approve an agreement between Lockheed Martin and the City of Eagan to allow reciprocal emergency shelter in the event either building needs to be evacuated and authorize the Mayor and City Clerk to execute the agreement. J. It was recommended to approve the hiring of Leo A. Daly Architects to prepare plans and specifications for the Civic Arena mezzanine. K. It was recommended to authorize the acceptance of up to $600 from the Eagan Art Festival in collaboration of activities for the MN 150 mini-grant for art activities at the 2008 Eagan Art Festival. L. It was recommended to authorize the acceptance of $2,900 of grant funding from the Metropolitan Regional Arts Council for a Community Arts Grant. M. It was recommended to approve the contract with Austad Construction and Peterson for the replacement of the roof at Fire Station 3, subject to final contract language approval by the City Attorney's Office. N. It was recommended to award Contract 08-03 (Citywide Street Improvements), to Bituminous Roadways Inc., for the base bid in the amount of $1,368,881.80, and authorize the Mayor and City Clerk to execute all related documents. 0. It was recommended to reject the alternate bid and award Contract 08-04 (Citywide Street Improvements) to McNamara Contracting, Inc., for the base bid amount of $1,919,804 and authorize the Mayor and City Clerk to execute all related documents. P. Pulled for discussion. Q. It was recommended to approve an Ownership and Maintenance Agreement for Contract 08-06 (Northwood Parkway - 35E Overpass) for the Northwood Parkway bridge over 35E with the Minnesota Department of Transportation and authorize the Mayor and City Clerk to execute all related documents. R. It was recommended to approve the Plans and Specifications for Contract 08-07 (Water Reservoir Reconditioning, Lexington / Diffley & Safari) and authorize the advertisement for a bid opening to be held at 2:00 p.m., Thursday, May 22, 2008. S. It was recommended to approve a Final Subdivision (DG Welding) to create two industrial lots upon 8.4 acres located at 3265 Sun Drive and 3245 Terminal Drive in the SE '/a of Section 8. T. It was recommended to approve an amendment to the Verizon Wireless Antennae Lease Agreement for the Deerwood Reservoir and authorize the Mayor and City Clerk to execute all remaining documents. U. It was recommended to approve 1) A Purchase Agreement for Lot 2, Block 1 of the Northwoods Business Park Third Addition for a future fire station and other development and 2) A Joint Powers Agreement with the Dakota County CDA to share the costs of the purchase to develop a portion of the property for workforce rental housing. V. It was recommended to accept a $500 donation from the Rotary Club of Eagan to be used towards the purchase of communication equipment for the Crisis Negotiation Team. W. It was recommended to approve a Consultant Services Agreement for a Telecommunications Site Inventory with SEH, Inc. and Authorize the Public Works Director to issue the related Work Order. P. Contract 08-06 (Northwood Parkway - 35E Overpass), to Lunda Construction Company, for the base bid in the amount of $3,778,613.30, and authorize the Mayor and City Clerk to execute all related documents. City Administrator Hedges noted that the Finance Committee is recommending the sale of MSA bonds to finance this project. He also noted that Dakota County is on record that they will fund a portion of the project. Councilmember Fields moved, Councilmember Bakken seconded a motion to award Contract 08-06 (Northwood Parkway - 35E Overpass), to Lunda Construction Company, for the base bid in the amount of $3,778,613.30, and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 PUBLIC HEARINGS VARIANCE AND FINAL PLAT (ABF ADDITION) - ABF FREIGHT SYSTEM, INC. City Administrator Hedges noted that this item would need to be continued due to Dakota County right-of-way and access dedication requirements. Eagan City Council Meeting Minutes April 15, 2008 Page 3 Councihmember Bakken moved, Councilmember Tilley seconded a motion to continue consideration of a Final Plat to create one lot upon approximately 8.02 acres and a Variance of 10 feet to the required 50- foot front yard setback for the existing building located at 2750 Lexington Avenue South, legally described as Lot 3, 4, 5 and 6, Plainview Addition, in the NW '/4 of Section 02 until the May 6, 2008 City Council meeting. Aye: 5 Nay: 0 ORGANIZATIONAL BUSINESS APPOINTMENT OF ADVISORY COMMISSION MEMBERS After voting by secret ballot, the City Council made the following appointments: ADVISORY PLANNING COMMISSION 2-Year Terms: Dana Keeley, Peter Dugan, Thomas Heaney 1-Year Alternate Term: Maggie Jensen ADVISORY PARKS AND RECREATION COMMISSION 2-Year Terms: Thurston Anderson, Jennifer Dahlquist, Duane Hansen 1-Year Alternate Term: Bruce Goff AIRPORTS RELATIONS COMMISSION 2-Year Terms: James Casper, Carol Shattuck, Chad Stambaugh 1-Year Alternate Term: Beth Prouty BURNSVILLE EAGAN TELECOMMUNICATIONS COMMISSION 2-Year Terms: Jody Mikasen, Joe Conlon 1 Year Alternate Term: Robert Cooper GUN CLUB LAKE WATER MANAGEMENT ORGANIZATION 3-Year Term: Gerald Engelke 1-Year Alternate Term: Motion was made by Tilley, seconded by Fields to ratify the appointments to the Advisory Commissions. Aye: 5 Nay: 0 OLD BUSINESS PLANNED DEVELOPMENT AMENDMENT, FINAL PLANNED DEVELOPMENT AND FINAL PLAT MSP COMMERCIAL City Administrator Hedges noted that a request had been made to continue this item. Councilmember Bakken moved, Councihmember Fields seconded a motion to continue consideration of the request for a 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'/4 of Section 15, to the May 6, 2008 City Council meeting. Aye: 5 Nay: 0 NEW BUSINESS COMPREHENSIVE GUIDE PLAN AMENDMENT AND PLANNED DEVELOPMENT AMENDMENT SELECT SENIOR LIVING OF EAGAN LLC City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment that would change the land use designation from Special Area/Medium Density to Special Area/High Density and a Planned Development Amendment to allow for a 71 unit Assisted Living Facility on property located in the NW '/4 of Section 16. City Planner Ridley gave a staff report. Eagan City Council Meeting Minutes April 15, 2008 Page 4 Joel Larson representing Select Senior Living discussed the proposed plan for the assisted living facility. He stated that the density has been reduced from 71 to 63 units. He also discussed parking for the proposed site. Roger Kleppe representing Blue Cross Blue Shield of Minnesota (BCBSM) discussed restricted covenants, access to the property, and the proposed density of the property. Mr. Larson requested a continuance to June 17, 2008 with the ability for the item to come back sooner if an agreement is reached with BCBSM before that date. It was the consensus of the Council to defer the decision on the proposed plan until an agreement is reached between the applicant and BCBSM. Councilmember Fields moved, Councilmember Tilley seconded a motion to continue consideration of a Comprehensive Land Use Plan Amendment that would change the land use designation from SA/MD (Special Area / Medium Density), to SA/HD (Special Area/High Density), to allow for a 71 unit Assisted Living Facility at property legally described as Lots 1 and 2, Block 1, Terra Glenn 3rd Addition, in the NW '/a of Section 16 to the June 17, 2008 City Council meeting. Aye: 5 Nay: 0 PETITION - CONSIDER PETITION OF EAGAN CHARTER COMMISSION MEMBERS TO COMPEL THE EAGAN CHARTER COMMISSION TO CONVENE A SPECIAL MEETING ON APRIL 30, 2008 City Administrator Hedges stated that the City had received a petition signed by five members of the Eagan Charter Commission requesting that the City of Eagan, per State Statute, compel the Charter Commission to meet on April 30, 2008. City Attorney Dougherty explained the Statute that allows the Council to compel the Charter to meet. Councilmembers held a discussion regarding the proposals to be considered at the Charter Commission meeting. Mayor Maguire moved, Councilmember Fields seconded a motion to approve a resolution compelling the Eagan 08-14 Charter Commission to convene a special meeting of the Eagan Charter Commission on April 30, 2008 at 6:30 p.m. in the Eagan Room at Eagan City Hall. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. The regular City Council meeting was recessed at 7:40 p.m. to immediately convene a meeting of the Economic Development Authority. The regular City Council meeting was reconvened at 7:45 p.m. ADMINISTRATIVE AGENDA 1. City Administrator Hedges stated that Mayor Maguire is recommending, due to the meeting schedule and nature of the agendas for the Caponi Art Park Board, he step down as the City's official representative and appoint Director of Parks and Recreation Johnson. Councilmember Tilley moved, Councilmember Carlson seconded a motion to appoint Director of Parks and Recreation Juli Seydell Johnson to replace Mayor Maguire on the Caponi Art Park Board. Aye: 5 Nay: 0 2. City Administrator Hedges discussed the need to consider a process to address full-time regular employee issues during the hiring freeze. Councilmember Tilley moved, Councilmember Fields seconded a motion to direct the Finance Committee to consider a process to address full-time regular employee issues during the hiring freeze. Aye: 5 Nay: 0 1 Eagan City Council Meeting Minutes April 15, 2008 Page 5 3. City Administrator Hedges addressed the application for a temporary on-sale liquor license and request to waive the license fee for Trinity School at River Ridge for a spring gala event. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the temporary on-sale liquor license and waive the license fee for Trinity School at River Ridge for a spring gala event on April 19, 2008. Aye: 5 Nay: 0 4. City Administrator Hedges addressed the application for a temporary on-sale liquor license for the Minneapolis Menagerie Women's Rugby Club for the Mosquito Madness Rugby Tournament on May 3 and 4, 2008. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a temporary on-sale liquor license, subject to submission of required documents, for the Minneapolis Menagerie Women's Rugby Club for the Mosquito Madness Rugby Tournament on May 3 and 4, 2008. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. Councihnember Bakken moved, Councilmember Tilley seconded a motion to adjourn the meeting at 8:00 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. MINUTES SPECIAL CITY COUNCIL MEETING / ADVISORY COMMISSION INTERVIEWS TUESDAY, APRIL 8, 2008 5:30 P.M. EAGAN MUNICIPAL CENTER-CONFERENCE ROOMS 2A&B City Council members present: Mayor Maguire, Councilmembers Carlson, Fields, Tilley and Bakken. City staff present: Assistant to the City Administrator Miller 1. ROLL CALL AND AGENDA ADOPTION Mayor Maguire called the meeting to order. Councilmember Tilley moved, Councilmember Fields seconded a motion to adopt the agenda. Aye: 5; Nay: 0 II. INTERVIEW ADVISORY COMMISSION APPLICANTS The City Council interviewed 20 advisory commission applicants. It was noted that there were 21 applicants; however, one applicant was not able to attend the interview. IV. OTHER BUSINESS There was no other business. V. VISITORS TO BE HEARD There were no visitors to be heard. VI. ADJOURNMENT The meeting adjourned at 9:20 p.m. Agenda Information Memo May 6, 2008 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Seasonal Park Laborer-- ACTION TO BE CONSIDERED: To approve the hiring of Jessye Stock as a seasonal park laborer. Item 2. Seasonal Park Maintenance Workers-- ACTION TO BE CONSIDERED: To approve the hiring of Brian Hopkins, Mike Hopkins, Daniel Streefland, James Proschek, Jason Wheeler, Ryan Wall, Elyse Chell, Tyler VonDeLinde, Matthew Bailey, Marc Cierzan, Jennifer Schoenecker, Nathan Dunn, Pablo Gonzalez, Andrew Paul, Sarah Schwanz, Matthew Steele, Nicholas Mestad, Jeffrey O'Donnell, Brian Meyers, Ben Bible, Scott Hoium and Steve Nelson as seasonal park maintenance workers. Item 3. Seasonal Landscape Crew-- ACTION TO BE CONSIDERED: To approve the hiring of Andrew Scheidegger, Katie Shields, Lindsey Taylor, Ryan Marks, Robbie Edwards, Derek Rothschiller and Eric Holmay as seasonal landscape crew. Item 4. Seasonal Tree Inspector-- ACTION TO BE CONSIDERED: To approve the hiring of Kyle Gill as a seasonal tree inspector. Item 5. Part-time Seasonal Forestry Technician-- ACTION TO BE CONSIDERED: To approve the hiring of Guy Larson as a part-time seasonal forestry technician. Item 6. Part-time Seasonal Art Instructors/Art House-- ACTION TO BE CONSIDERED: To approve the hiring of Wanda Bowman, Jill Brown, Shelley Clark, Jon Childers, Peter Jadoonath, Brian Keeler and Amy Rhone as part-time seasonal art instructors at the Art House. Agenda Information Memo May 6, 2008 Eagan City Council Meeting Item 7. Part-time Seasonal Lifeguards/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Wendy Andrews, Richard Barta, Heidi Hager, Robert Kreyer, Samantha McNabney and Laura Young as part-time seasonal lifeguards at Cascade Bay. Item 8. Part-time Seasonal Lifeguard Instructors/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Ryan Ronchak and Nathan Fowler as part-time seasonal lifeguard instructors at Cascade Bay. Item 9. Part-time Seasonal Pool Attendant/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Jennifer Piskor as a part-time seasonal pool attendant at Cascade Bay. Item 10. Part-time Seasonal Guest Services Reps/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Jennifer Stanull and Carly Reimer as part-time seasonal guest services reps at Cascade Bay. Item 11. Part-time Seasonal Coordinators/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Nicholas Csargo, Matthew Johnson and Meredith Gilroy as part-time seasonal coordinators at Cascade Bay. Item 12. Part-time Seasonal Overnight Custodian/Community Center-- ACTION TO BE CONSIDERED: To approve the hiring of Gary Royal as a part-time seasonal overnight custodian at the Community Center. Agenda Information Memo May 6, 2008 Eagan City Council Meeting Item 13. Part-time Seasonal Streets Maintenance Workers-- ACTION TO BE CONSIDERED: To approve the hiring of Tom Schellinger, Nathan Voye and Garrett Matteson as a part-time seasonal streets maintenance workers. Item 14. Water Resources Intern-- ACTION TO BE CONSIDERED: To approve the hiring of Heidi Quinn as a Water Resources Intern. Item 15. Part-time Seasonal Ballfield Attendant-- ACTION TO BE CONSIDERED: To approve the hiring of Joshua Garcia as a seasonal ballfield attendant. Item 16. Part-time Seasonal Pool Attendant/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Nicole Floersch, Grant Gittus, Elizabeth Petesch, Jessica Spurr, Amanda Sharp, Mitchell Johnson, Alicia Everson, Mara Plifka, Ashley Brown, Emily Bryant, Jonathon Dale, Ryan Cairo, Alyssa Landin, Weston Sternitzke, Jessica Allen, Aaron Walker, Melissa Clawson, Julian Larrea, Colin Reidlinger and Claire Sykora as part-time seasonal pool attendants at Cascade Bay. Item 17. Part-time Seasonal Lifeguards/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Michael Petesch, Amanda Knutson, Lauren Loeffler, Brittany Meehan, Michael Kaiser, Stefanie Berkopec, Anne DeCaster, Paige Bentley, Jacob Edwinson, Kaitlen Keeney, Kyle Nesheim, Kelly Moeller, Kaye Lani Berg, Gina Marascuilo, Nathaniel Chrastil, Erin McGrath, Timothy Massie, Nathaniel Phillips, Dana Plifka, Dylan Young, Kayla Csargo, Amy Newland, Anna Williams, Kaitlin Ullrich, Arielle Trom, Kristin Kluegel, Timothy Styx, Courtney Harrington, Brianna Peterson, Nicole Lenway, Elise Farrington, Anthony Giancana, Allison Gleason, Anne Rathman, Sean Bjordal and Tyler Osegard as part-time seasonal lifeguards at Cascade Bay. Agenda Information Memo May 6, 2008 Eagan City Council Meeting Item 18. Part-time Seasonal Guest Services Reps/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Katie Stein, Amelia Phelon, Andrew Scipioni, Andrew Weil, Ruth Bisek, Audrey Rehwaldt, Abigail Guetzlaff, Alyssa Zaborowski, Thomas Simpson, Benjamin Eng, Beth Pearson, Angela Tumini, Kristen Riehle, Melissa Cassidy, Katelyn Lutovsky, Taylor Geer, Caitlyn Huonder, Michelle Johnson, Christina Basch, James Glewwe, Mark Sinclair, Erin Coyne, Rachel Gatz, Emily Kimball, Tracy Weitzel, Melanie Anderson, Nicole Tako, Madeline Garner and Kyle Stevenson as part-time seasonal guest services reps at Cascade Bay. Item 19. Part-time Seasonal Concessions Workers/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of David Bailly, Ryan Boehne, Rachel Keiser, Matt Mason, Kelsey Reger, Mark Sinclair, Kyle Stevenson and Casey Willmarth as part-time seasonal concessions workers at Cascade Bay. Item 20. Part-time Seasonal Coordinators/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Alyssa Wylie and Bryce Willis as part-time seasonal coordinators at Cascade Bay. Item 21. Part-time Seasonal Lifeguard Instructors/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Anne Marascuilo and Laura Young as part-time seasonal lifeguard instructors at Cascade Bay. Item 22. Part-time Seasonal Building Attendant II/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Andy Lund as a part-time seasonal building attendant II at Cascade Bay. Item 23. Retirement/Police Officer-- ACTION TO BE CONSIDERED: To accept the letter of retirement from Bill White, Police Officer. /s- Agenda Information Memo May 6, 2008 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated April 10, 2008, April 17, 2008 and April 24, 2008 as presented. ATTACHMENTS: • Check registers dated April 10, 2008, April 17, 2008 and April 24, 2008 are enclosed without page number. Agenda Infortnation Memo May 6, 2008 Eagan City Council Meeting D. Proclaim May 17, 2008 as Arbor Day and the month of May 2008 as Arbor Month in the City of Eal4an ACTION TO BE CONSIDERED: To acknowledge Eagan as the recipient of the 2007 Tree City USA Award from the National Arbor Day Foundation, and approve the Arbor Day Resolution setting Saturday, May 17 as Arbor Day and May, 2008 as Arbor Month in the City of Eagan. FACTS • Eagan has received the Tree City USA community designation from the National Arbor Day Foundation for the sixteenth consecutive year. Each year the Parks and Recreation Department conducts an Arbor Day program which includes participation in a tree planting project. This year the 22nd annual event will be held at The Eagan Community Center and at Central Park on Saturday, May 17, 2008. This year's Arbor Day Celebration- will be expanded to include the Minnesota Society of Arboriculture (MSA) Festival of Trees and the State Tree Climbing Championships. • Recognition as a Tree City is based on efforts by the City to promote tree planting in the community and the resolution demonstrates that effort. • To become a Tree City, a community must meet four standards: a tree board or department, a tree care ordinance, a comprehensive community forestry program, and an Arbor Day observance. • Eagan has demonstrated progress in the following forestry activities: Publications, parks and open space, and improved ordinance. • The resolution was recommended for adoption by the Advisory Parks and Recreation Commission. • Receiving these awards acknowledges the City's efforts to minimize environmental impact during developments, and adhere to policies such as "Forever Green," aimed to maintain and enhance Eagan's trees and foliage. Scheduled Arbor Day activities include: 7:00 am - 6:00 pm Minnesota State Tree Climbing Championships Central Park Woodland Area 8:00 am - 5:00 pm Vendor Booths Central Park Parking Lot 9:00 am - 4:00 pm Food and Refreshments Served Near the ECC Bandshell 10:00 am - 3:00 pm Educational Displays Near the ECC Ellipse 12:00 Noon - 1:00pm Arbor Day Ceremony ECC Bandshell 12:30 pm -1:00 pm Poster Contest Winner Announcement ECC Bandshell 1:00 pm - 2:00 pm Rain Garden Installation Southeast corner of'ECC Bldg 2:00 pm - 3:00 pm Tree Planting "Restoring a Woodland" Trail area south of Gazebo About 5:30 pm Tree Climbing Championships Concludes with the Masters Challenge /-7 ATTACHMENTS: Y Eagan Arbor Day and Eagan Arbor Month resolution on page n +-I • 22"d annual Arbor Day Celebration flyer on pageOW- • 2008 Festival of Trees and State Tree Climbing Championship flyer on page 10 CITY OF EAGAN RESOLUTION A PROCLAMATION OF EAGAN ARBOR DAY AND EAGAN ARBOR MONTH WHEREAS, trees are a most valuable resource in the State of Minnesota and City of Eagan - purifying our air and water, helping conserve our soil, serving as a recreational settings, providing habitat for wildlife for all kinds, and enriching our lives in so many important ways; and WHEREAS, pollutants, tree diseases and urban expansion have damaged and continue to threaten our trees, creating the need for reforestation programs and concerted public action toward ensuring the future of out City's urban forests; and WHEREAS, each year the people of Minnesota pay special attention to the wonderful gift that our trees represent and dedicate themselves to the continued health of our state's trees; and WHEREAS, The City of Eagan has been recognized as a Tree City USA community by the National Arbor Day Foundation since 1988 and desires to continue its tree-planting programs; NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby proclaim Saturday, May 17, 2008 to be ARBOR DAY and the month of May, 2008 to be ARBOR MONTH in the City of Eagan. BE IT FURTHER RESOLVED that the Mayor and Council further urge citizens to become more aware of the importance of trees to the well-being of our community; and to participate in City tree planting programs which will ensure a greener place for our citizens to live in the decades to come. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Deputy Cleric Motion made by: Seconded by: Those in favor: Those against: Dated: CERTIFICATION I, M. McGarvey, Deputy City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 19`' day of April, 2005. Deputy Clerk ~q J 1;s,,t,ttY t ,A 22nd ANNUAL ARBOR DAY CELEBRATION TO BE HELD AT CITY F EAGAN COMMUNITY CENTER AND CENTRAL PARK SATURDAY - May 17, 2008 Dear Resident, Celebrate Arbor Day! You are invited to join with the City of Eagan as we celebrate Arbor Day on Saturday, May 171h 2008, at the City of Eagan Community Center. Arbor Day has been celebrated in Eagan since 1987, and was established nationally to emphasize the importance of trees and community reforestation. This year's Arbor Day Celebration will be expanded to include the Minnesota Society of Arboriculture (MSA) Festival of Trees and the State Tree Climbing Championships events. This will be a fun-filled family event with activities scheduled to entertain all ages. Scheduled activities include: 7:00 am - 6:00 pm Minnesota State Tree Climbing Championships Central Park Woodland Area 8:00 am - 5:00 pm Vendor Booths Central Park Parking Lot 9:00 am - 4:00 pm Food and Refreshments Served Near the ECC Bandshell 10:00 am - 3:00 pm Educational Displays Near the ECC Ellipse 12:00 Noon - 1:00pm Arbor Day Ceremony ECC Bandshell 12:30 pm - 1:00 pm Poster Contest Winner Announcement ECC Bandshell 1:00 pm - 2:00 pm Rain Garden Installation Southeast corner of ECC Bldg 2:00 pm - 3:00 pm Tree Planting "Restoring a Woodland" Trail area south of Gazebo About 5:30 pm Tree Climbing Championships Concludes with the Masters Challenge For further information or to volunteer for planting, please contact the Division of Forestry at (651) 675-5300. It is requested that you register for this event so we can ensure sufficient amounts of food for the picnic lunch. Thank you. Paul Olson Gregg Hove Superintendent of Parks Supervisor of Forester See you there! "n n The Minnesota Society of Arboriculture presents 121 Hosted by The City of Eagan Parks and Recreation Department Saturday, ay 17 , 2008 8: 00 am to f. 00 pan Central Park /'L 7 1497 F ~,(i T L' L L J J An Arbor Day Celebration cis Annesota Tree ClImMno (Qualifying Event for 2008 International Event in St. Louis. Mo.) Activities for everyone to enjoy include: • Mn State Tree Climbing Eagan Arbor Day Poster Championship Announcement • FREE fun family Events Arbor Day Tree Planting Educational Booths Ceremony • food Vendors FREE Tree Seedlings 4,4nneso~ for more information: www. msa-live. org y boric'Utlru~e < City of Eap C,/ Consent Agenda May 6, 2008 City Council Meeting E. ACCEPT Donation of beverage counter in Civic West Arena. ACTION TO BE CONSIDERED: To accept a donation of a beverage counter to be installed on the rail at the top of the bleacher seating area in memory of Dave Steele. FACTS: • Dave Steele was an avid sports fan and supporter of any sport that his children participated in. Although not able to participate in sports himself he was always present at hockey, soccer, baseball and track events cheering on the team. • After a long battle with Cystic Fibrosis and subsequent double hung surgery Dave was no longer able to attend many of his children's team events. While being hospitalized during the 2007 hockey season Dave insisted that his wife videotape all of their games so that he wouldn't miss any of the action. • In July 2007 Dave passed away but the friends that he made during the years he supported youth sports felt a big loss and wanted to field a way to remember his positive spirit and commitment to youth sports. • Donations from the Eagan Hockey Association, EHS Girls Hockey Boosters, and approximately 69 families from Eagan and around the United States were pooled and the decision was made to make a donation to the Civic Arena. • The donation of a granite beverage counter attached to the top rail behind the bleacher seating in the Civic West Arena was selected by the group coordinating the Dave Steele memorial project. It was determined that this would be used and appreciated by spectators for events in the arena for many years. • The value of this donation is in excess of $5,000. Since the City Council needs to accept all donations, this is a formality and none of those responsible for the donation will be present. ATTACHMENTS: • None 020 Agenda Memo May 6, 2008 City Council Meeting F. AUTHORIZE the advertisement for bids to enclose the mezzanine in the Civic West Arena. ACTION TO BE CONSIDERED: Authorize the advertisement for bids to enclose the mezzanine in the Civic West Arena. FACTS: ■ The City of Eagan has been investigating opportunities to make enhancements to the mezzanine level of the Civic West Arena for several years. ■ The Eagan Hockey Association expressed a desire to continue financial support for enhancements to the building given the fact that they made their last payment for the financial commitment to the constriction of the east rink in 2007. ■ In February 2008 the Finance Committee reviewed three enhancement options brought forward by the Eagan Hockey Association; one which included dry land training space in the mezzanine. ■ Staff was given direction to follow up with an architect to get preliminary estimates to enclose the mezzanine and define how this space plight be used. ■ The original architect that designed both the west and east area met with staff to determine how to enclose the mezzanine area to provide a multi-use space that not only accommodates dry land training but offers programmatic opportunities and private rentals. The space would remain available for viewing public hockey games as well. ■ After receiving preliminary cost estimates for the project between $250,000-300,000, the City Council approved the hiring of Leo A Daly architects to prepare plans and specification for the mezzanine space at their April 15, 2008 meeting. ■ If the Council directs the advertisement for bids it is expected that bids would be due May 22 to allow sufficient time for review. The architects have also predicted that this project would benefit from the current competitive bidding climate. ■ After thorough review of the bids the City Council can determine if this project will proceed. If they deem it appropriate to move forward, the finding mechanism will then need to be defined. ATTACHMENTS: None ki~ Agenda Information Memo May 6, 2008, Eagan City Council Meeting G. APPROVE TEMPORARY 3.2 PERCENT MALT LIQUOR LICENSE FOR THE EAGAN LIONS CLUB FOR THE FOURTH OF JULY CELEBRATION (JULY 3-4.2008) AND WAIVE THE $25 LICENSE FEE ACTIONS TO BE CONSIDERED: To approve the temporary 3.2 percent malt liquor license for the Eagan Lions Club for the Fourth of July celebration (July 3-4, 2008) and waive the $25 license fee. FACTS: ➢ The Eagan Lions Club has requested a temporary malt liquor license be issued to them for the Fourth of July celebration, July 3-4, 2008. ➢ The application form has been submitted and deemed in order by staff. The Eagan Lions Club is requesting that the $25.00 license fee be waived. ATTACHMENTS (3): Letter and temporary license procedures from Lions Club enclosed on pages d"S through. EAGAN LIONS CLUB March 22, 2008 The Eagan Lions Club would like to request that the city waive the $25.00 Fee for the Liquor License for the 4"` of July. Y~o /JERK N~ARKO r The Eagan 4th of July Funfest Committee was formed as a non-profit organization to manage and coordinate the annual 4t` of July festivities in Eagan's Center Park. The. Eagan Lions Club has a long tradition of supporting and assisting with the celebrations including donating cash to sponsor live music, assisting with the parade route setup and parade day lineups, participating in the parade, and hosting a beer garden during the Funfest. The beer garden allows the Eagan Lions to raise awareness of Lions Clubs International and raise funds which are returned to the community via donations to Funfest, local high schools (i.e. graduation parties), Boy and Girl Scouts, and individual community citizens with special needs. Additionally, the beer garden provides for the safe and controlled distribution, and monitoring, of alcoholic beverages by discouraging attendees from bringing in their own beverages. The past few years have seen an increase in attendance of all age groups at Funfest, while the relative size of the beer garden has remained constant due to the limited "snow fencing" that has surrounded the consumption area. Consequently, the beer garden has at times experienced over crowding and been at risk for potential safety issues for consumers and their guests (including children). Limiting consumption within this confined space has also negatively affected attendees as they cannot purchase a beverage and move to the central grounds to purchase food and sit with their families. Rather, they must purchase their food and other drinks and then enter the beer garden area with or without their family, where seating is limited to a few picnic tables. It is our intent to have Funfest remain the safe and family friendly event that it has always been known for, and as such, request that this year's permit be allowed under the following structure: ■ All State and City Ordinances will continue to be followed. ■ Alcohol sales by the Eagan Lions will be controlled via wristbands which can only be obtained by legal age individuals (affixed by Lions members upon proof of age). ■ Consumption will be allowed within Central Park, but encouraged only within the area surrounded by the walking path (the core Funfest grounds which contains the stage and food vendors, excluding the Carnival). ■ Signs will be placed at the main "entrances" discouraging outside beverages. ■ Signs will be placed, and Funfest staff and Lion members will frequently walk the perimeter, and discourage consumption beyond the main area. This will be passive requests versus active "enforcement". o~ ■ If needed, Eagan PD or other security professionals (1-2 people per shift) will be retained to help monitor consumption on the grounds and provide any enforcement duties during the busiest times (approx. 7-11 each evening during the live music). ■ Eagan PD will be contacted immediately if an abnormal situation occurs in accordance with the Funfest Emergency Procedures Annual Plan. ■ Shortly after the conclusion of Funfest we will review the results of this arrangement with Eagan PD staff and adjust future year requests accordingly. We look forward to continuing to offer the citizens of Eagan a fun and safe 4t` of July! Thank you ~f a-7 Agenda Information Memo May 6, 2008, Eagan City Council Meeting H. APPROVE AGREEMENT WITH PROPERTYROOM.COM INC FOR THE AUCTION AND DISPOSITION OF UNCLAIMED AND SURPLUS CITY PROPERTY ACTIONS TO BE CONSIDERED: To approve the agreement with PropertyRoom.corn, Inc. for the auction and disposition of unclaimed and surplus City property. FACTS: ➢ Historically, an annual auction was held in the City of Eagan to sell unclaimed police property as well as surplus City property. Given the significant amount of time and staff resources necessary to conduct the auction, several options were considered in an effort to more efficiently dispose of such items. ➢ In September of 2003, the City of Eagan joined forces with Dakota County to sell the City's unclaimed and surplus property at the County's annual auction. This collaboration was undertaken with several other municipalities and the County. Following the 2003 auction, Dakota County no longer held auctions to dispose of their unclaimed and surplus property. ➢ In 2005, 2006 and 2007, the City of Eagan joined with the City of Burnsville and sold items at their annual auction. While this still required a significant amount of staff time, it worked well until the City of Burnsville decided that other disposal options were more feasible. ➢ Staff has been investigating the use of Propertyroom com, which is an online auction service founded by former law enforcement professionals. The company will pick up items from the City as requested. They will evaluate, clean, group the items and list them for sale on the online auction. They also handle packaging and shipping of the items and provided full tracking for each phase of the process. Propertyroom.com receives 50% of the winning bid with the City receiving the remaining 50%. Credit card processing costs and affiliate processing fees (which include commissions and processing costs paid to third parties who send winning bidders to the website) are also split 50150 between the City and PropertyRoom.com. There are no additional fees for this service. ➢ Numerous Minnesota cities are utilizing this service as a more efficient means of disposing of unclaimed and surplus property. ➢ The City Attorney's office has reviewed the proposed agreement between Propertyroom.com and the City of Eagan and finds that it is in compliance with Minnesota statutes, City ordinances and City policy related to the disposition of unclaimed and surplus property. ATTACHMENTS (1): Agreement enclosed on pagescA_ through C )-V PROPERTY DISPOSITION SERVICES AGREEMENT PropertyRoom.com, Inc., a Delaware corporation ("PropertyRoom" or "PRC"), enters into this agreement (the "Agreement'), with the client identified below (the "Owner") for the auction and disposition of personal property (the 'Disposition Services"), in accordance with the Terms and Conditions and Addenda, if any, attached hereto and listed below. Beginning (the "Start Date"), Owner engages the Services of PRC. Owner Information Schedules, Supplements &'Other Attachments The City of Eagan, Minnesota Eagan Police Department Mark included attachments: Owner Name .3830 Pilot Knob Road Terms and Conditions Yes Address Eagan,mn. 55122 Addendums: City, State Zip Code 651-675-6700 Phone Email This Agreement, including all of the terms and conditions set forth in the attached Terms and Conditions as well as all other attachments indicated in the box above, comprises the entire Agreement between the Parties. This Agreement cannot be modified except in writing by the duly authorized representatives of both parties. Owner PropertyRoom.com Signor Name Signor Name M Signo Title Signor Title Signature Signature Signature Date Signature Date PropertyRoom.com, Inc. 26421 Crown Valley Parkway, Ste 200 Mission Viejo, California 92691 5;,~cr c}_,v`~ +1 (949) 282-0121 Federal Tax ID 86-0962102 C c fi~ Cl~.~'K, 1 of 7 G 2r1~nY7:,.. n TERMS AND CONDITIONS 1. Property to be Sold. From time to time, Owner will designate items of personal property (the "Property") that it desires to provide to PRC for Disposition Services. PRC retains the right to accept or reject certain items in its sole discretion. 2. Title. Owner shall retain legal title to the Property until it is purchased by auction or otherwise disposed of in accordance with this Agreement at which time Owner will be deemed to have transferred title to the purchaser or other acquirer of the item of Property (the "Buyer"). Owner appoints PRC as its attorney-in-fact to sign any and all documents necessary to assign to Buyers all of Owners right, title and interest in and to Property sold or disposed. Cash receipts, accounts receivable, contract rights, notes, general intangibles, and other rights to payment of every kind, arising out of the sales and dispositions of Property (collectively the "Proceeds") belong to Owner, subject to PRC's right to PRC's Net Proceeds and funds attributable to credit card processing costs and other transaction costs. Owner's Property shall, at all times before sale or disposition, be subject to the direction and control of Owner. 3. Method of Selling Property. a. Portable Property Items. PRC will, on Owners behalf, pick-up, store and list Property for sale by auction to the public on the internet on one or more domain names selected by PRC. To the extent that any Property is not sold by auction, PRC may, in any commercially reasonable manner selected by PRC, dispose of Property. PRC will determine all aspects, terms and conditions of auctions of Property and dispositions of Property not purchased at auction, subject to the ultimate control of Owner. PRC will be responsible for all phases of submitting the Property for auction, including, but not limited to, determining when Property will be auctioned, setting the opening and reserve prices of Property, if any; determining the selling price, setting the length of time Property will be auctioned; creating text and graphics to describe and depict Property submitted for auction; collecting Buyer information (such as name, billing address, shipping address, and credit card information); approving Buyer credit card purchase transactions; and collecting auction proceeds for completed sales from Buyers. PRC shall use reasonable commercial efforts in auctioning and selling the Property on the Internet and disposing of Property that does not sell at auction. PRC shall sell and dispose of all Property "as is" without any liability to the Owner. PRC is solely responsible for identifying and resolving sales and use tax collection issues arising from Property sales, including the necessity of charging and collecting such taxes. b. Large Property Items. PRC will, at Owner's request and on Owner's behalf, list physically large Property ("Large-Items") for sale by auction, including but not limited to cars, trucks, boats, planes and bulk lots of bicycles. For Large-Items, PRC offers Owner different selling options ("Silver," "Gold," "Gold-Plus" and "Platinum"), each with different service components and associated pricing. (1) In-Place Options. For Silver, Gold and Gold-Plus ("Gold+"), PRC will auction Large-Items in- place, and in this context, "in-place" means that PRC will not pick-up and store these specific Items but rather Owner will maintain physical control until transfer of Items to Buyers. (2) Haul-away Option. For Platinum, PRC will, in conjunction with a partner and to the extent practical, pick-up and haul-away Large-items, selling via online auction and transferring title and physical possession to Buyers as described in Portable Property Items. (3) Large-Item Service Summary. The Large-Item Auction Services Option Table below depicts service components associated with each option. 2 of 7 Method of Selling Property: Large-Item Auction Services Option Table Responsible Party if applicable) Service Component Silver Gold Gold+ Platinum 1. List Large-Item for In-Place online auction PRC PRC PRC 2. Checklist review and coordination PRC PRC PRC PRC 3. Listing write-up and marketing PRC PRC PRC PRO 4. Auction and auction technology management PRC PRC PRC PRC 5. Customer Support to Bidders Owner PRC PRC PRC 6. Coordinate Buyer payment and Large-Item pick-up Owner- PRC PRC PRC 7. Transaction (payment) processing Owner PRC PRC PRC. 8. Photographing, vehicle review, equipment description Owner Owner PRC PRC 9. Provide or procure asset title, as applicable Owner Owner Owner Owner* 10. Pick-up and haul-away for off-premises online auction PRC * At Owner request, PRC will acquire title through its partner and pass-through title acquisition cost. 4. Term and Termination. a. This Agreement will become effective as of the Start Date and will continue for an initial term of one (1) year (the "Initial Term") following the "Launch Date" (as defined herein) and thereafter will automatically renew for consecutive one (1) year terms unless written notice of non-renewal is provided by either party to the other at least sixty (60) days prior to the expiration of the then current term. b. As used herein, "Launch Date" shall mean the date on which PRC completes the first auction of Owner Property. c. This Agreement may be terminated if there is a breach by either party of any obligation, representation or warranty contained in this Agreement, upon thirty (30) days prior written notice to the other party unless the breach is cured within the thirty (30) day period, provided, however, if the breach is not capable of being cured within thirty (30) days, the breaching party will have a reasonable amount of time to cure the breach if it begins to cure during the thirty (30) day period and proceeds diligently thereafter. The written notice will specify the precise nature of the breach. d. The rights of the parties to terminate this Agreement are not exclusive of any other rights and remedies available at law or in equity, and such rights will be cumulative. The exercise of any such right or remedy will not preclude the exercise of any other rights and remedies. e. Notwithstanding any termination by either party of this Agreement, PRC will continue to remit amounts due to Owner under this Agreement in connection with any sales made before the effective date of the termination. At the time of termination, any unsold inventory shall continue to be auctioned by PRC or returned to Owner, at Owner's election and cost. 5. Allocation of Sales Proceeds. a. Portable Property Items (1) Sales Price. The total amount paid by Buyer shall be called the "Sales Price." The Sales Price shall include the winning bid amount (the "Winning Bid") and all costs, shipping and handling charges, taxes, and insurance costs associated with the transaction and paid by Buyer. (2) The Split. For each item of Property, Owner will be credited with 50% of the first $1,000 of the Winning Bid and 75% of the Winning Bid portion, if any, that exceeds $1,000. From this amount, the Owner's pro rata share of transaction fees (the "Processing Costs"),-if any, will be deducted. (3) Processing Costs. Credit card processing costs ("Credit Card Cost) and affiliate processing fees (the "Affiliate Fees," which include commissions and processing costs paid to third parties who send winning bidders to the website), will be borne by Owner and PRC in proportion to the percentage of the revenue credited to the parties for each underlying transaction. (4) Net Proceeds. Amounts received by the Owner will be called "Owner's Net Proceeds". 3 of 7 31 Portable Item Example. The following example illustrates allocation of proceeds from a Portable Property Item sale. Assume an item of Property sells at auction for a $100 Winning Bid; the Buyer pays shipping and handling of $10, insurance of $2, and sales tax of $6. The Buyer pays the Sales Price of $118.00 ($100 + $10 + $2 + $6) by credit card, and the Credit Card Cost is 3% of the Sales Price or $3.54 (0.03 x $118) and the Affiliate Fee is 4.8% or $4.80 (0.048 x $100). The Owner and PRC each share 50% of the underlying Winning Bid, therefore Credit Card Costs and Affiliate Fees are also shared equally, $1.77 each ($3.54 _ 2) for Credit Cost and $2.40 each ($4.80 + 2) for Affiliate Fees. The Owner's Net Proceeds are $45.83 ($50.00 less $4.17). Note: less than 1 out of 10 transactions include Affiliate Fees. (5) To the extent that Property is not sold by Auction and PRC disposes of Property in a commercially reasonable manner (see "Method of Selling Property' section), including, but not limited to, sending to a charity, recycling center, landfill, or scrap metal processor, Owner understands and agrees to the following. (a) When Property is not sold by Auction, PRC disposition activities create additional PRC processing costs (the "Disposal Costs") and potentially a disposition Sales Price (the "Disposition Proceeds"). (b) Disposal Costs include, but are not limited to, labor cost of reloading Property onto a truck, labor and vehicle costs associated with transporting Property for disposition, and third-party fees, such as landfill, recycling, and hazardous material disposal fees. (c) Disposition Proceeds include, but are not limited to, a Sales Price obtained for scrap metal. (d) PRC will bear the burden of Disposal Costs. (e) PRC will retain Disposition Proceeds, if any, as an offset to Disposal Costs, except if Disposition Proceeds for an item of Owner Property exceed $250, in which case PRC will credit Owner a portion of Disposition Proceeds per "The Split" and "Example" above. b. Large- Items. (1) Sales Price, Processing Costs and Net Proceeds. Calculated in a manner directly analogous to Portable Items. (2) The Split. For each Large-Item of Property, Owner will be credited with a percent of the Winning Bid which varies according to the Large-Item service option employed. (a) Silver. Owner will be credited with 100% of the Winning Bid and PRC will charge Buyer a 15% Buyer's Premium. (b) Gold. Owner will be credited with 95% of the Winning Bid and from this amount, the Owner's pro rata share of the Processing Costs, if any, will be deducted. PRC will charge Buyer a 15% Buyer's Premium. (c) Gold-Plus. Owner will be credited with 90% of the Winning Bid and from this amount, the Owner's pro rata share of the Processing Costs, if any, will be deducted. PRC will charge Buyer a 15% Buyer's Premium. (d) Platinum. Owner will be credited with 70% of the Winning Bid less any title pass-through fees from PRC partner. Large-Item Example. Assume a Large-Item sells at auction for a Winning Bid of $1,000.00, and with no shipping or handling charges yields a $1,000.00 Sales Price. For the Silver, Gold and Gold-Plus options, PRC collects and retains a 15% Buyer's Premium, $150.00 (0.15 x $1,000), from Buyer. With regard to collecting the Sales Price and sharing proceeds, the approach differs by option: Silver. Owner completes the sale by collecting the $1,000.00 Sales Price from Buyer, retaining 100% as Owner's Net Proceeds. Gold. PRC completes the sale by collecting the $1,000.00 Sales Price from Buyer. The underlying Winning Bid is shared 95% by Owner, $950 (0.95 x $1,000) and 5% by PRC, therefore a 3% ($30.00) Credit Card Cost is split 95% by Owner, $28.50 (0.95 x $30) and 5% by PRC, $1.50 (0.05 x $30). The Owner's Net Proceeds are $921.50 ($950..00 less $28.50). Gold-Plus. PRC completes the sale as described in Gold, but with a 90-10 Split. 4 f7 Platinum. PRC complete the sale as described in Gold, but with a 70-30 Split and with a deduction of any title acquisition pass-through fees. 6. Payment Terms. Not less than once every month, PRC will pay to Owner the amount of Owner's Net Proceeds payable for completed sales during the preceding month. Sales are deemed completed when all items comprising a line item on the original manifest or other list of Property are sold. With each payment of Owner's Net Proceeds, PRC will make available to Owner a detailed report setting forth the following information for the immediately preceding month: a. The completed sales during the prior month, including the total amount of related proceeds collected, Owner and PRC share of Credit Card Costs, the Owners Net Proceeds; b. Other dispositions of Property during the month; and c. The Property, if any, inventoried by PRC at the end of the month. 7. PropertyRoom's Obligations Concerning Property in Its Possession. With respect to Property in PRC's possession: a. PRC will exercise due care in the handling and storage of any Property; b. PRC shall keep the Property free of liens, security interests, and encumbrances, and shall pay when due all fees and charges with respect to the Property; c. PRC shall sign and deliver to Owner any UCC-1 financing statements or other documents reasonably requested by Owner; and d. PRC shall obtain and maintain insurance in an amount (determined by PRC) not less than.the replacement value of Property in its possession. The insurance will cover the Property against fire, theft, and extended coverage risks ordinarily included in similar policies. PRC shall give Owner a certificate or a copy of each of the upon Owner's request. 8. Owner Obligations. Owner will use its best efforts to provide to PRC such Property as becomes available for sale to the public. Owner will complete paperwork reasonably necessary to convey custodial possession of the item of Property to PRC, including a written manifest or list that describes the item of Property in sufficient detail for identification. Owner agrees that it will not provide Property that is illegal or hazardous, including but not limited to explosives, firearms, counterfeit or unauthorized copyrighted material ("knock-offs"), poisons or pharmaceuticals. In addition, to help comply with public notification statutes as well as to support internet traffic flow to the PRC auction website, Owner agrees to place a permanent clickable link (the "Link") to www.Pro1)ertyRoom.com on one or more Owner websites. PRC will supply Link technical requirements, text and images to Owner. 9. Restrictions on Bidding. PRC and its employees and agents may not directly or indirectly bid for or purchase auctioned Property on the PRC web site. 10. Representations and Warranties of Owner. Owner hereby represents, warrants and covenants as follows: a. Property delivered to PRC is available for sale to the general public without any restrictions or conditions whatever; and b. Owner has taken all required actions under applicable law that are conditions precedent to Owner's right to transfer title to the Property to Buyers (the "Conditions Precedent"). 11. Books and Records. PRC will keep complete and accurate books of account, records, and other documents with respect to this Agreement (the "Books and Records") for at least three (3) years following expiration or termination of this Agreement. Upon reasonable notice, the Books and Records will be available for inspection by Owner, at Owner's expense, at the location where the Books and Records are regularly maintained, during normal business hours. 12. Indemnification. Subject to the limitations specified in this Indemnification section of this Agreement, each party will indemnify, hold harmless and defend the other party and its agents and employees from and against any and all losses, claims, damages, liabilities, whether joint or several, expenses 7 (including reasonable legal fees and expenses), judgments, fines and other amounts paid in settlement, incurred or suffered by any such person or entity arising out of or in connection with a. the inaccuracy of any representation or warranty made by the party hereunder, b. any breach of this Agreement by the party, or c. any negligent act or omission by the party or its employees or agents in connection with:the, performance by the party or its employees or agents of obligations hereunder, provided the' negligent act or omission was not done or omitted at the direction of the other party. 13. Limitations on Liability. UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM BREACH OF THE AGREEMENT, THE SALE OF PROPERTY, OR ARISING FROM ANY OTHER PROVISION OF THIS AGREEMENT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS (COLLECTIVELY, "DISCLAIMED DAMAGES"); PROVIDED THAT EACH PARTY WILL REMAIN LIABLE TO THE OTHER PARTY TO THE EXTENT ANY DISCLAIMED DAMAGES ARE CLAIMED BY A THIRD PARTY AND ARE SUBJECT TO INDEMNIFICATION PURSUANT TO SECTION 12. LIABILITY ARISING UNDER THIS AGREEMENT WILL BE LIMITED TO DIRECT, OBJECTIVELY MEASURABLE DAMAGES. THE MAXIMUM LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT WILL NOT EXCEED THE AGGREGATE AMOUNT OF PAYMENT OBLIGATIONS OWED TO THE OTHER PARTY HEREUNDER IN THE YEAR IN WHICH LIABILITY ACCRUES; PROVIDED THAT EACH PARTY WILL REMAIN LIABLE FOR THE AGGREGATE AMOUNT OF ANY PAYMENT OBLIGATIONS OWED TO THE OTHER PARTY PURSUANT TO THE AGREEMENT. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, OWNER'S LIABILITY IS NOT LIMITED UNDER THIS AGREEMENT WITH RESPECT TO LIABILITY ARISING FROM OWNERS FAILURE TO SATISFY TIMELY ALL CONDITIONS PRECEDENT. 14. Assignment. This Agreement may not be assigned, in whole or in part, by either of the parties without the prior written consent of the other party (which consent may not be unreasonably withheld or delayed). Notwithstanding the foregoing, an assignment of this Agreement by either party to any subsidiary or affiliate or a third party acquisition of all or substantially all of the assets of such party will not require the consent of the other party, so long as such subsidiary, affiliate or acquiring entity assumes all of such party's obligations under this Agreement. No delegation by PRC of any of its duties hereunder will be deemed an assignment of this Agreement, nor will any change in control nor any assignment by operation of law by either party. Subject to the restrictions contained in this section, the terms and conditions of this Agreement will bind and inure to the benefit of each of the respective successors and assigns of the parties hereto. 15. Notices. Any notice or other communication given under this Agreement will be in writing and will be delivered by hand, sent by facsimile transmission (provided acknowledgment of receipt thereof is delivered to the sender), sent by certified, registered mail or sent by any nationally recognized overnight courier service to the addresses provided on the signature page of the Agreement: The parties may, from time to time and at any time, change their respective addresses and each will-have the right to specify as its address any other address by at least ten (10) days written notice to the other party. 16. Severability. Whenever possible, each provision of this Agreement will be interpreted in sudh a manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be prohibited by or invalid under applicable law, such provision will be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. 17. Complete Agreement. This Agreement and any related documents delivered concurrently herewith, contain the complete agreement between the parties relating to the subject of this Agreement and ~~7 supersede any prior understandings, agreements or representations by or between the parties, written or oral, which may be related to the subject matter hereof in any way. 18. Attorneys' Fees and Legal Expenses. If any proceeding or action is brought to recover any amount under this Agreement, or for or on account of any breach of, or to enforce or interpret any of the terms, covenants, or conditions of this Agreement, the prevailing party will be entitled to recover from the other party, as part of the prevailing party's costs, reasonable attorneys' fees, the amount of.which will be fixed by the court, and will be made a part of any judgment rendered. 19. Further Assurances. PRC and Owner will each sign such other documents and take such actions as the other may reasonably request in order to effect the relationships, services and activities contemplated by this Agreement and to account for and document those activities. 20. Governing Law. The internal law, and not the law of conflicts, of the state in which the Owner is located will govern all questions concerning the construction, validity and interpretation of this Agreement and the performance of the obligations imposed by this Agreement. The proper venue for any proceeding at law or in equity will be the state and county in which the Owner is located, and the parties waive any right to object to the venue. 21. Relationship of the Parties. The relationship created hereunder between Owner and PRC will be solely that of independent contractors entering into an agreement. No representations or assertions will be made or actions taken by either party that could imply or establish any agency, joint venture, partnership, employment or trust relationship between the parties with respect to the subject matter of this Agreement. Except as expressly provided in this Agreement, neither party will have any authority or power whatsoever to enter into any agreement, contract or commitment on behalf of the other, or to create any liability or obligation whatsoever on behalf of the other, to any person or entity. Whenever PRC is given discretion in this Agreement, PRC may exercise that discretion solely in any manner PRC deems appropriate. 22. Force Majeure. Neither party will be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to acts of God, public enemy, war, strikes or labor disputes, or any other cause beyond the parties' reasonable control (each a "Force Majeure"), it being understood that lack of financial resources will not to be deemed a cause beyond a party's control. Each party will notify the other party promptly of the occurrence of any Force Majeure and carry out this Agreement as promptly as practicable after such Force Majeure is terminated. The existence of any Force Majeure will not extend the term of this Agreement. 23. Counterparts. This Agreement may be signed in any number of counterparts. Agenda Memo Regular City Council Meeting May 6, 2008 CONSENT AGENDA: 1. Tree Maintenance Contractor License for Aspenwall Tree Service, Inc. ACTION TO BE CONSIDERED: Approve Tree Maintenance Contractor License for Aspenwall Tree Service, Inc. FACTS: • Brent Aspenwall has applied for a tree maintenance contractor license for Aspenwall Tree Service, Inc., 9011 Portland Avenue South, Bloomington. • Aspenwall has operated in Eagan in prior years. • All requirements of the application have been met and staff is recommending approval. ATTACHMENTS: • None. The application is available for review in the Administration Department Agenda Information Memo May 6, 2008, Eagan City Council Meeting J. EXTENSION FOR RECORDING FINAL PLAT - (BLUE GENTIAN CORPORATE CENTER) ACTION TO BE CONSIDERED: To approve a 60-day extension of time to record the final plat for Blue Gentian Corporate Center, located north and south of Blue Gentian Circle, in the NW 1/a of Section 2. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The City Council approved the final plat on February 4, 2008. ➢ The applicant indicates that the plat work is underway, but a final review by MNDOT of their adjacent parcels and the road right-of-way is likely to extend the plat filing date beyond the initial 60-day period. ➢ The requested 60-day extension would allow until July 3, 2008, for the plat to be recorded. ATTACHMENTS Location Map, page Letter from McGough dated April 15, 2008, page 87 Eagan Boundary Right-of-way ■ Location Map 0 Parcel Area Park Area Building Footprint [MENDOTA HEIGHTS EAGAN - y~ I n KNE EBIT4NIb F D~0 w Subject Site ° yM = o O 15l ASS nWW - - 'x O ~1 _ ,a yy f A 8T J 1 s t (D `o l NENNEm •r ~ o tF4 ' ON P ' ' - ~ O ~ O S - ~a p R r n D 7 r _ 9v ogogo oo.. Y O o 0 NEEEEm - ' - °e - - V~ o ~ 9ie s OS I z 1 51 o C.S.A.H. NO.26 LONE OAK RD.) L. - 1000 0 1000 2000 Feet Development/Developer. Blue Gentian Corporate Center N City of Evan THIS MAP IS INTENDED FOR REFERENCE USE ONLY w E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. McGouSh 1 Fine Generations Buildhig Confidence"' April 15, 2008 Ms. Julie Strid Planning Aide City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Plat Filing Extension for Blue Gentian Corporate Center Dear Ms. Strid, Per our conversation last week McGough Development is respectfully requesting a 60 day extension of the final plat filing deadline for the Blue Gentian Corporate Center. The plat work is well underway, but a final review by MNDOT of their adjacent parcels and the road R.O.W. through their property is very likely to extend the filing date to mid May, past the current May 4, 2008 deadline. Our understanding is that the filing extension request will be placed on the City Council's agenda as a consent item at their May 6, 2008 meeting. Enclosed is a check for $75.00 made out to the City of Eagan for the filing extension fee. We appreciate your help in this matter. Sincerely, J - Bartlett J. Baker, Jr. Executive Vice President McGough Development BJB/sls nn M Cc: Pam Dudziak, Planner, City of Eagan IJ u Gary Germond, Civil Engineer, Sathre Bergquist APR 16 2008 Greg Miller Bart Zibrowski 2737 FAIRVIEW AVENUE NOP.TH ST PAUL, MINNESOTA 55113-1372 PH: (651) 633-5050 FAX: (651) 633-5673 1 Agenda Information Memo May 6, 2008, Eagan City Council Meeting K. EXTENSION OF PRELIMINARY SUBDIVISION AND CONDITIONAL USE PERMIT APPROVALS - (DIFFLEY PLAZA 2ND ADDITION) ACTION TO BE CONSIDERED: To approve a one year extension to the Preliminary Subdivision and Conditional Use Permit approvals for Diffley Plaza 2"d Addition, located at 4249 Johnny Cake Ridge Road, NW 1/4 of Section 28. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The City Council approved the preliminary subdivision of 2.56 acres to create 3 lots and a conditional use permit (CUP) for a bank drive through on May 15, 2007. ➢ A letter from the applicant received April 28th, 2008 has been submitted requesting a one year extension of the Preliminary Subdivision and Conditional Use Permit approvals. The letter indicates that the owner, THE National Bank, has chosen not to proceed with the development itself, but is selling the property to Eagan Development LLC, which intends to develop the property in a manner consistent with the previous approvals within the coming year. ➢ The requested one year extension would allow until May 6, 2009, for the conditional use to be in operation and the final subdivision to be recorded. ATTACHMENTS (2)• Location Map, page. Letter from Applicant, page Eagan Boundary ~ Right-of-way Locati o■N■ ■ Map Parcel Area 0 Park Area Building Footprint p er ® P'a, ma ® ®E fi o 9 M ® ~ saw ® ~ (~j_ 4a. Cd Eh E, 0 y -P ®i / r I " 3 \yi V Subject Site E ' E loans XS H. NO. 30 (OIFLEY R no) - E ] 7J _ b pl : a " dad ® ® ~ . ~ ~'4 S : ~ ~ - ~ „r® ~ W X44 1 12 a e r ❑mm o y mmm❑ SIR MR AM. 00. a S' 6 a`° Elf 8 . A as 7 wO~'4®th 4w C17 0 1 s ® ® Boa ® ® Eh. 1000 0 1000 2000 Feet Development/Developer. 4249 Johnny Cake Ridge Road Application: Preliminary Subdivision / Conditional Use Permits Case No.: 28-PS-04-03-07 Map Prepared using ERSI ArcView 3.1. Parcel base map data provided N by Dakota County Office of GIS and is current as of April 2005. City of Eapn THIS MAP IS INTENDED FOR REFERENCE USE ONLY W b The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. I' ~~e' P 1, ~ ~ lam' r4 j r , . l April L , 2008 Julie Strid Planning Aid 3830 Pilot Knob Road Eagan, Minnesota 55122 RE: Request for Extension of Conditional Use Permit and Preliminary Subdivision for 4249 Johnny Cake Ridge Road, Eagan, Minnesota (the "Property") Dear Ms. Strid: On May 15, 2007, the City Council approved the application for a Conditional Use Permit ("CUP") allowing the development and operation of a bank with drive-through lanes on the Property, which CUP was recorded on September 17, 2007 as Document No. 2544053. On the same date, the City Council approved a Preliminary Subdivision, which has not yet been finalized and recorded. Both of these items will expire on May 15, 2008 if not extended. THE National Bank, the current fee owner of the Property, intended to develop the Property last summer, but the board of directors decided to explore the sale of various branches and real estate holdings. Presently, The National Bank is in the process of conveying its interest in the Property to Eagan Development LLC, a Minnesota limited liability company, which company intends to develop the Property within the next year. Accordingly, the undersigned request a one-year extension of both the CUP and the Preliminary Subdivision. Because the transfer of interest in the Property is expected to take place after the submission of this request for extension, but before the City Council's review on May 6, 2008, The National Bank and Eagan Development LLC join in this request for extension. Respectfully yours, THE NATIONAL BANK, EAGAN DEVELOPMENT LLC a natio all banking association, a Minnesota limited liabi 1 om ny By: , T By: Name: _ W7es Name: I a h 'c,/mow Its: If~Ico_ Ckc;rw,"J Its: 4-1 a 071) -e 3767015vl EAPR 2 8 2008 Member 2551 N. Bridge St.,YorkviIle, IL 60560 (630) 553-6669 • www.th com FDIC ? EQUA HW NG BY R Agenda Information Memo May 6, 2008 Eagan City Council Meeting L. CITY OF EAGAN WETLAND BANK PLAN ACTION TO BE CONSIDERED: Authorize preparation of a Wetland Bank Plan application to create two Wetland Bank sites within the City. FACTS: • Minnesota Rules, Chapter 8420.0700 to 8420.0760, provide standards for the establishment and administration of a state wetland banking system in accordance with state statutes. Subject to these rules, an account holder in the Minnesota Wetland Bank may deposit or withdraw acres of wetland credits to replace present or future wetland impacts. • On May 15, 2002, the City of Eagan established an account in the Minnesota Wetland Bank when it bought 3.5 acres of credits at a 27.5-acre Wetland Bank site in Eureka Township, Dakota County. The City withdrew 1.56 acres of credits on December 31, 2002 to replace wetland impacts associated with establishing Central Park Pond. The City withdrew 0.49 acres of credits on June 16, 2003 as an "on-loan" replacement for wetland impacts associated with establishing Hunt Drive, which was constructed to access the Terra Glenn subdivision near the Eagan Maintenance Facility. By agreement with the City, Blue Cross Blue Shield and Lundgren Brothers (developer of Terra Glenn) are required to replace these credits to the City's Wetland Bank account. • Presently, the City has 1.45 acres of credits remaining in its Wetland Bank account. • The 2007 Water Quality and Wetland Management Plan (WQWMP) identifies a priority to "Complete a wetland assessment in parks and other dedicated open space to identify potential banking and mitigation sites within the City." According to the WQWMP, this is necessary to potentially avoid or reduce "wetland export" in wetland mitigation situations. • City staff recently carried out this inventory and presented for Advisory Parks Commission (APrC) consideration two proposed Wetland Bank sites, one in Bridle Ridge Park and one in Wandering Walk Park. Together, both sites would provide 6-plus acres of wetland credits. The proposed strategy is to complete the Wetland Bank project over two years: one site this year and the other site next year. All staff, consultant, and construction costs would be paid through the City's Lakes and Wetlands Program and the Water Quality Capital Improvement Plan. • At its April 14, 2008 meeting, the APrC unanimously consented to the proposed Wetland Bank sites within City parks and unanimously recommended the City Council authorize preparation of a formal Wetland Bank Plan application for its consideration at a later date. Once completed, the Wetland Bank Plan application will provide an opportunity for public input on scope, design, and specifications, prior to a formal decision on the plan by the City Council. ATTACHMENTS • Location map, page . Proposed Wetland nAw *1 PT low- .Bank Sites Wescott Road Site B. 2.5 acres wetland bank ~r- 2.0 acres native buffer a a 'Wetland Bank 54 r a WF„ h~ jk- 1 f 4 - i f" fi~ k~ c.- „TYjF t' ° • i b r `d" A - 3,tk. > ~''z a Existing Witlaridf 3 wfi erm T ~ ~ tt `Skimmer,' R 7 i -Q , 17 AW2 k F k S X ,,y 3~ h JF' 1r Y ' ~ ~a ~V ~ •1 ;•a~i`~S~'' Yrii ~ ,y., r tfs Z; ~ J Site A: < , $ q 1.2 acres wetland bank off. xti~ Skimmer' I'j 1.2 acres native buffer ,yam W.~etland Barr riExistg} s r d 7t~ Wetland ;.u with Wei _VI , No psi ~r ti R yam' I mad 0 100 200 Feet , ..F~T"Ya4 ~ ~ ~ 4 X14 ♦ ,v..T. ~ Agenda Information Memo May 6, 2008 Eagan City Council Meeting M. FORMAL NAMING OF POND JP-23 ACTION TO BE CONSIDERED: Approve the name of "Coventry Pond" for City Pond JP-23. FACTS: • The homeowners of the 28 properties encompassing the pond currently lazown as JP- 23' have formally requested the official designation of this neighborhood pond to 'Coventry Pond'. Coventry Pond was the overwhelming winner in a recent neighborhood vote on a variety of name suggestions. These same residents were labeled as Community Champions in the 2008 State of the City in recognition of their efforts to clean up this pond with their personal efforts and finances. • To officially name the pond through the state's Department of Natural Resources (DNR) would be a long, tedious process that would get little support from DNR staff and have no practical benefits. There is no legal need to go through the DNR if the naming is basically for local purposes. • A similar official naming was completed on City documentation for Holtz Lake, previously called Manor Lake. • Upon approval by the City Council, Pond JP-23 will be formally recognized as Coventry Pond on City documentation and maps. ATTACHMENTS: • Location map, page Print Preview Page 1 of 1 Dakota County, MN ti,&scorr-RD- - I= x T E- to { OOH Oc- t4 ~ , T Pont1 J P-23 N iii I y YcJE -uJ-= LEONARD L'N--- ~c'v R065RS `RL S ti'd ~rr'01'J£'rt°~r~'AY Disclaimer.' Map and parcel data are believed to be accurate, but accuracy is not Map Scale guaranteed. This is not a legal document and should not be substituted for a title search, 1 inch = 556 feet appraisal, survey, or for zoning verification. "7(D httn-//aig.co-dakota..mn.us/website/dakotanetgis/nrintPreview.asnx?PrintOntData=Dakota C... 5/2/2008 Agenda Information Memo May 6, 2008 Eagan City Council Meeting N. WINTER TRAIL MAINTENANCE PROGRAM (2008-2009) ACTION TO BE CONSIDERED: Approve additions to '08-'09 Winter Trail Maintenance Program as noted by consensus at the April 29 Council Workshop. FACTS: • In 1998, the City implemented a comprehensive Winter Trail Maintenance Program providing for the snow removal of approximately 50% of the City's transportation trail system adjacent to collector/arterial streets (currently 67.3 miles of 128 mile trail system). • Part of that program included a policy that included, among other things, a schedule for Council review and possible revisions to the most current adopted plan. In 2003, the Council amended its Policy to require that all future requests be reviewed by the Council at the first work session in April before formal consideration at a regular Council meeting. • At the April 29 Council workshop, the Council received and considered 7 options resulting from: 3 Citizen Petitions (CP), one Business Request (BR) and 3 New Trail segments constructed in 2007 (NT). As a result of that workshop discussion, the following consensus was reached: 1. CP #1 (east and south side of Cedar Grove Parkway from Silver Bell to Rahn Rd) o Endorsed for inclusion into the existing Winter Trail Maintenance Program. 2. CP #2 (Blackhawk Lake Recreational loop) o NOT endorsed. 3. CP #3 (south side of Red Pine Lane from TH 3 to Biscayne Ave.) o NOT endorsed. 4. BR #1 (both the east and west sides of Silver Bell Rd. from Silver Bell Rd./Cedarvale Blvd to TH 13 and the west/south side of Silver Bell Rd from TH 13 to Kennebec Rd.) o Endorsed ONLY the segment on the east side from Silver Bell Rd to TH 13. 5. NT #1 (east side of TH 149 from TH 55 to Wescott Rd) o NOT endorsed. 6. NT #2 (west side of Thomas Lake Rd from Thomas Center Dr. to the Highline Trail) o NOT endorsed. 7. NT #3 (both sides of Ames Crossing Rd from O'Neil Dr. to Trinity School) o NOT endorsed. ATTACHMENTS: ,l~ • Location map showing all requests, enclosed on page7' 11-7 Winter Trail & Sidewalk Maintenance Route Considerations for 2008-2009 - - - - 1-494 r ~ NT#3 LONE OAK RD. L; 1C Z - YA KEE DOODLE R 1 NT#1 BR#1 - - # CP#2 I - ' WES -OTT RD u CP#1 ;.r s .1 It ~ l DIF _ - 1 - - - - - 13i, El U_j - F NT#2 s -~L - ' CLIFF RD.~ ` \ ' - CP#3 i _ r 0 II Q ° Plowed In 2007-2008 0 1250 3500 3.750 5,000 Feat i ® Business Request - BR #1 N Citizen Petition - CP #1,2,3 Prepared :I CiryofEagan Street Dept., City of EapIl New Trail - NT#1,2,3 Date: 4116108 File: L:L..byc ICmistreetsltrailslp/owrteowrtes18x11_ro route considerations 08 09.mxd 49 Agenda Information Memo May 6, 2008 Eagan City Council Meeting 0. APPROVE RESOLUTION AUTHORIZING THE PURCHASE OF USUAL AND CUSTOMARY ITEMS AND SERVICES FOR CITY OPERATIONS AND FUNCTIONS ACTION TO BE CONSIDERED: Approve the resolution authorizing the purchase of usual and customary items and services for City operations and functions. FACTS: • In the course of usual and customary business, the City is presented with numerous contracts, agreements, and similar less formal documents requiring signatures that result in obligations for the City. There has historically been a certain amount of confusion regarding who can sign these type of commitment documents and whether or not specific City Council action is required prior to signing. • Staff has worked with the City Attorney's Office to develop the attached resolution that delegates authority to purchase budgeted items for ongoing operations and the usual and customary course of City operations and functions. The resolution specifically excludes any actions related to personnel, and any commitments related to new or expanded operations, not specifically authorized in the approved budget. • All actions that obligate the City for purchases and commitments are subject to all purchasing and bidding statutes and City policies. The necessary internal controls are in place to provide appropriate staff guidelines and parameters. • Budget to actual reports will be provided monthly to the City Council for all budgeted funds. • Actual payment remains subject to appropriate City policies and payment details for all items and services will continue to be listed on check registers for review by the City Council. ATTACHMENTS: • Enclosed on pages- and is a copy of the resolution authorizing the purchase of usual and customary items and services for City operations and functions. EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on May 6, 2008, at 6:30 p.m. The following members were present: Maguire, Bakken, Carlson, Fields and Tilley; and the following were absent: none. Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF USUAL AND CUSTOMARY ITEMS AND SERVICES FOR CITY OPERATIONS AND FUNCTIONS WHEREAS, the City of Eagan, a Minnesota municipal corporation, is required to prepare the annual budgets for the City; WHEREAS, the City Council approves the budgets as a "guideline" for financial priorities and spending; and WHEREAS, part of each budget is a plan for expenditures, the timing and necessity of which are yet to be determined; and WHEREAS, there are a number of budget items and services that are usual and customary in the ongoing operation of the City; and WHEREAS, those items include ongoing needs for usual and customary equipment, supplies and services of a routine nature associated with the day to day City operations and functions; and WHEREAS, these items are included in the amounts of the approved annual budgets; and WHEREAS, delegated authority to purchase these items for ongoing operations and the usual and customary course of City operations and functions as approved within the budgets would facilitate more efficient and better City operations and reduce delays where prior Council authorization is not readily available. WHEREAS, based on the foregoing, the City Council of the City of Eagan hereby resolves as follows: 6-0 BE IT RESOLVED, City staff may purchase items and services of a usual and routine nature to be used in the usual and customary operations and functions of the City when the items and services are included in the City's annually adopted approved budgets. This authorization does not apply to personnel and is subject to the following: 1. It only applies to: A. Budgeted items and services; B. Items and services that are usual and customary in City operations and functions; and C. Ongoing operations, not new or expanded operations or functions. 2. Compliance with all bidding and other laws and City purchasing policies. 3. The City Director of Administrative Services or designee reports monthly to the City Council on budget status by written report. 4. Payment is subject to appropriate City policies and payment details for all items and services shall be listed on the check registers reviewed by the City Council. BE IT FURTHER RESOLVED, The City Council hereby authorizes the Mayor and City Clerk to execute the appropriate and necessary agreements and documents to authorize City commitments and purchasing per the terms of this resolution. ADOPTED by the Council this 6th day of May, 2008. Mike Maguire, Mayor ATTEST: Maria Petersen, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon, the following voted in favor: Maguire, Bakken, Carlson, Fields and Tilley; and the following voted against the same: none. WHEREUPON, said resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Clerk. S1 Agenda Information Memo May 6, 2008, Eagan City Council Meeting V. PUBLIC HEARINGS A. CERTIFICATION OF DELOUENT FALSE ALARM BILLS ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for delinquent false alarm bills and authorize its certification to Dakota County. FACTS: ➢ The City Code allows for collection of delinquent false alarm bills through certification to property taxes. A 10% penalty and a $25 certification fee are added to all outstanding delinquent bills. > At the April I City Council meeting, a public hearing was scheduled for the May 6, 2008 City Council meeting. ➢ The City does not charge residents or businesses for the first three false alarms in a calendar year. A fourth or subsequent false alarm results in a $100 fee per alarm. The delinquent false alarm bills include a 10%.penalty and a $25 certification fee. ➢ The City currently has eleven delinquent false alarm bills. The assessable amount of these bills is $3,355. These items are in order for certification to the County. > The City will accept payment for any portion of the assessment free of interest charges for a period of thirty days, beginning May 7 through June 6. If the assessment is paid after June 6, interest at 6% from May 7, 2008 to December 31, 2009 will be added to the principal amount due. The length of the assessment is one year. Unpaid balances will be collected with the 2009 property taxes. ➢ All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and their proposed assessments. ATTACHMENTS (1): Proposed assessment roll on page. ~a Delinquent False Alarm Bills Delinquent Amount + Cert. Total 10%® Penalty Fee Assessment 10-77054-010-01 220.00 25.00 245.00 10-22551-010-01 440.00 25.00 465.00 10-22700-020-01 110.00 25.00 135.00 10-22500-171-07 110.00 25.00 135.00 10-22472-010-03 330.00 25.00 355.00 10-14388-010-01 110.00 25.00 135.00 10-26400-010-01 550.00 25.00 575.00 10-22508-030-01 110.00 25.00 135.00 10-32100-010-01 110.00 25.00 135.00 10-22472-010-03 880.00 25.00 905.00 10-87500-030-01 110.00 25.00 135.00 Grand Total 3,355.00 QJ Agenda Information Memo May 6, 2008, Eagan City Council Meeting B. CERTIFICATION OF DELINOUENT WEED CUTTING BILLS ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for delinquent weed cutting bills and authorize its certification to Dakota County. FACTS: ➢ The City Code allows for collection of delinquent weed cutting bills through certification to property taxes. A 10% penalty and a $25 certification fee are added to all outstanding delinquent bills. A At the April 1 City Council meeting, a public hearing was scheduled for the May 6, 2008 City Council meeting. ➢ The City currently has 12 delinquent weed cutting bills. The assessable amount of these bills is $2,578.72. Since last fall, the City billed 29 properties for this service. Of the 29 billed, 14 property owners paid the service fee and 12 are in order for certification to the County. Three accounts were written off due to changes in ownership of the property. Previously, when weed cutting was performed by the contractor hired by the City, the contractor would bill the City for the service and the City would pay the contractor and then invoice the property owner. Ownership of the property often changed prior to the time it took for the billing process to occur and fees did not show up as pending assessments in a timely fashion. New owners, who clearly were not responsible for the service work, were unaware of any outstanding bills attributed to the property. ➢ Measures have been implemented to ensure that when weed removal is to be performed at a particular property, the property is immediately flagged as having a pending assessment prior to the performance of the work. When title companies perform assessment searches, outstanding bills should now be identifiable and paid prior to or at the time of closing. The City will accept payment for any portion of the assessment free of interest charges for a period of thirty days, beginning May 7 through June 6. If the assessment is paid after June 6, interest at 6% from May 7, 2008 to December 31, 2009 will be added to the principal amount due. The length of the assessment is one year. Unpaid balances will be collected with the 2009 property taxes. ➢ All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and their proposed assessments. ATTACHMENTS (1): Proposed assessment roll on page . Delinquent Weed Cutting Bills Delinquent Amount + Cert. Total 10% Penalty Fee Assessment 10-16706-010-08 287.88 25.00 312.88 10-45801-200-01 354.81 25.00 379.81 10-45800-020-02 249.37 25.00 274.37 10-00300-010-51 117.58 25.00 142.58 10-67670-280-01 287.88 25.00 312.88 10-14387-020-01 170.29 25.00 195.29 10-31500-010-02 143.94 25.00 168.94 10-72975-050-03 117.58 25.00 142.58 10-84354-080-03 170.29 25.00 195.29 10-55300-140-05 143.94 25.00 168.94 10-42051-010-03 91.22 25.00 116.22 10-16706-030-09 143.94 25.00 168.94 Grand Total 2,578.72 Agenda Information Memo May 6, 2008, Eagan City Council Meeting C. CERTIFICATION OF DELINQUENT BOARD UP BILLS ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for the delinquent board up bills and authorize its certification to Dakota County. FACTS: A The City Code allows for collection of delinquent board up bills through certification to property taxes. A 10% penalty and a $25 certification fee are added to all outstanding delinquent bills. 9 At the April 1 City Council meeting, a public hearing was scheduled for the May 6, 2008 City Council meeting. Y The City currently has two delinquent board up bills. The assessable amount of these bills is $3,278.49. Since last fall, the City billed three properties for this service. Of the three billed, one property owner paid the service fee and two are in order for certification to the County. ➢ The City will accept payment for any portion of the assessment free of interest charges for a period of thirty days, beginning May 7 through June 6. If the assessment is paid after June 6, interest at 6% from May 7, 2008 to December 31, 2009 will be added to the principal amount due. The length of the assessment is one year. Unpaid balances will be collected with the 2009 property taxes. All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and their proposed assessments. The two assessable properties are 10-45800-020-02 ($1,351.34) and 10-20900- 040-03 ($1,927.15). ATTACHMENTS (0): Agenda Information Memo May 6, 2008, Eagan City Council Meeting D. CERTIFICATION OF DEBRIS REMOVAL BILLS ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for delinquent debris removal bills and authorize its certification to Dakota County. FACTS: F The City Code allows for collection of delinquent debris removal bills through certification to property taxes. A 10% penalty and a $25 certification fee are added to all outstanding delinquent bills. ➢ At the April 1 City Council meeting, a public hearing was scheduled for the May 6, 2008 City Council meeting. ➢ The City currently has one delinquent debris removal bill. The assessable amount of this bill is $121.18. Since last fall, the City billed three properties for this service. Of the three billed, one property owner paid the service fee and one is in order for certification to the County. One account was written off due to changes in ownership of the property prior to the fee being listed as a pending assessment. The City will accept payment for any portion of the assessment free of interest charges for a period of thirty days, beginning May 7 through June 6. If the assessment is paid after June 6, interest at 6% from May 7, 2008 to December 31, 2009 will be added to the principal amount due. The length of the assessment is one year. Unpaid balances will be collected with the 2009 property taxes. All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and their proposed assessments. A The one assessable property is 10-45079-020-02. ATTACHMENTS (0): Agenda Information Memo May 6, 2008 Eagan City Council Meeting V. PUBLIC HEARINGS E. CERTIFICATION OF DELINQUENT UTILITIES ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for delinquent utility bills and authorize its certification to Dakota County for collection with property taxes. FACTS: • The City Code allows for collection through certification of delinquent utility bills which are not paid. • At the April 1, 2008 City Council meeting, a public hearing was scheduled for the May 6, 2008 City Council meeting. • The City currently has approximately 602 utility bill accounts with delinquent payments. The assessable amount of these accounts is $109,407.98. These items are in order for certification to the County. If certified another 18% interest is added. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and their proposed assessments. ATTACHMENTS: ~7 • Delinquent account list; pages S L through ! ® . S~ Customer # Account # Service Address Town/City Certification Balance 00000903 0024904609 3613 CROSSROAD CT EAGAN $6.80 00038351 0025221409 1586 LAKEVIEW CURVE EAGAN $11.51 00045853 0036610202 3280 DODD RD EAGAN $12.43 00046157 0025731100 2132 CEDAR GROVE TR EAGAN $14.71 00024057 0024210809 1488 WOODVIEW AVE E EAGAN $23.24 00025266 0024715906 1387 CHATTERTON RD EAGAN $23.93 00066153 0024312803 1172 TIMBERSHORE LANE EAGAN $25.56 00051328 0013221601 550 MAJESTIC OAKS CT EAGAN $28.36 00020184 0012631602 4469 CINNAMON RIDGE CIR EAGAN $39.06 00002093 0023916901 4174 MEADOWLARK WAY EAGAN $40.15 00063358 0035507805 3344 SIBLEY MEMORIAL HWY EAGAN $41.26 00045739 0037009412 635 WESCOTT RD EAGAN $41.40 00059150 0012628707 4447 SLATER RD EAGAN $42.48 00061355 0012701108 1724 NOKIA WAY EAGAN $43.15 00002130 0024200305 1527 ASPEN DR EAGAN $43.18 00016653 0011507803 4398 CAPRICORN CT EAGAN $43.38 00055529 0025205907 1509 BLACKHAWK RIDGE WAY EAGAN $43.85 00057092 0025505405 1720 TACONITE TR EAGAN $44.50 00066094 0013264601 4406 WOODGATE COVE EAGAN $44.73 00058745 0035502608 1055 WESCOTT RD EAGAN $45.09 00026712 0035509504 3544 WESCOTT WOODLANDS EAGAN $45.41 00039360 0035507607 3296 SIBLEY MEMORIAL HWY EAGAN $47.13 00066060 0012632857 4428 CINNAMON RIDGE TR EAGAN $48.32 00024317 0024309106 1282 TIMBERSHORE LANE EAGAN $49.56 00057536 0024512402 3914 WESTBURY DR EAGAN $50.00 00032898 0013175005 683 CRIMSON LEAF TR EAGAN $50.52 00060657 0012131108 4457 LYNX CT EAGAN $50.54 00031955 0011010600 1803 WALNUT LANE EAGAN $50.83 00065784 0025201906 1511 LAKEVIEW CURVE EAGAN $51.62 00064879 0036142602 3227 EVERGREEN DR EAGAN $53.01 00058506 0012605002 2135 CLIFFHILL LANE EAGAN $53.34 00015246 0010505808 1662 HICKORY LANE EAGAN $53.40 00001465 0010907806 4251 CARLSON LAKE LANE N EAGAN $53.72 00048786 0024117905 3833 RIVERTON AVE EAGAN $54.57 00063697 0011001302 1730 WALNUT LANE EAGAN $55.01 00020334 0012642310 2179 STORLAND RD EAGAN $55.18 00058197 0036602704 3325 HWY 55 EAGAN $56.71 00065013 0023912702 1764 GABBRO TR EAGAN $56.95 00016124 0036432102 108--3050 SHIELDS DR EAGAN $58.20 00047239 0010900405 1387 EASTER LANE EAGAN $58.71 00065743 0037508702 4128 PRAIRIE RIDGE RD EAGAN $58.73 00000095 0010907806 4251 CARLSON LAKE LANE N EAGAN $59.64 00049647 0012110706 4585 HORIZON CIR EAGAN $59.82 00042270 0011303013 1386 LAKESIDE CIR EAGAN $60.24 00037279 0024331506 1312 DEERCLIFF LANE EAGAN $61.05 00060838 0010507705 1627 HICKORY LANE EAGAN $61.59 00022698 0023406812 2127 SILVER BELL RD EAGAN $61.83 00064806 0012107009 1138 PARKVIEW LANE EAGAN $62.09 00020117 0012624904 4413 SLATER RD EAGAN $63.13 00047404 0036806701 3929 STONEBRIDGE DR N EAGAN $63.93 00056697 0024220709 3669 ASHBURY RD EAGAN $64.91 00000348 0012311106 4631 1/2 PENKWE WAY EAGAN $65.00 00048965 0012511002 1571 CLEMSON DR EAGAN $65.04 00033284 0012314605 4646 PENKWE WAY EAGAN $65.04 00052435 0012632964 4408 CINNAMON RIDGE TR EAGAN $65.50 00065011 0024902405 1297 CRESTRIDGE LANE EAGAN $65.92 00064134 0023112808 2088 OPAL DR EAGAN $65.93 00046899 0010506806 1646 HICKORY LANE EAGAN $66.05 00054621 0025206004 1450 BLACKHAWK LAKE DR EAGAN $66.38 00023341 0023808801 1839 CARNELIAN LANE EAGAN $66.44 00062892 0025728106 1728 TALON TR EAGAN $67.40 00064285 0024007700 3781 RED ROBIN LANE EAGAN $67.43 00052632 0012623807 4534 CINNAMON RIDGE TR EAGAN $67.94 00047730 0011007705 1743 HICKORY HILL EAGAN $68.02 00058232 0013237904 911 OAKWOOD HEIGHTS CIR EAGAN $68.07 00059968 0024224909 3649 ASHBURY RD EAGAN $68.47 00020098 0012623104 4554 CINNAMON RIDGE TR EAGAN $68.82 00058625 0011108909 4498 WOODGATE PT EAGAN $69.06 00035249 0010105104 2111 SHALE LANE EAGAN $69.10 00064792 0011720000 4301 SUNRISE RD EAGAN $69.86 00064794 0012630406 4433 CINNAMON RIDGE CIR EAGAN $70.20 00025029 0024561706 3856 WESTBURY LANE EAGAN $70.71 00058458 0023710205 3830 COUNTRY CREEK WAY EAGAN $70.71 00000559 0012807301 4684 STAVERN PT EAGAN $71.04 00048204 0037607207 661 BRIDLE RIDGE RD EAGAN $71.60 00063519 0024010704 1751 BLUEBILL DR EAGAN $71.69 00029719 0037719804 3912 DANBURY TR EAGAN $71.98 00047820 0036502409 2977 LEXINGTON AVE S EAGAN $72.26 00053017 0023700206 3901 TURQUOISE PT EAGAN $72.38 00000909 0024905002 3616 CROSSROAD CT EAGAN $72.63 00062137 0036205201 2888 SIBLEY HILLS DR EAGAN $73.26 00059000 0012818100 4707 GRENADA PT EAGAN $73.27 00046632 0036406106 3202 JURDY CT S EAGAN $73.81 00054873 0036702702 3262 BLACK OAK DR EAGAN $73.95 00000026 0010402808 4308 SANDSTONE DR EAGAN $74.32 00052678 0024319709 1253 TIMBERSHORE LANE EAGAN $75.69 00058904 0013284302 554 CAYLIN CT EAGAN $76.67 00038619 0012816906 4704 THRUSH PT EAGAN $76.68 00056526 0025001314 3811 HEATHER DR EAGAN $77.60 00054463 0025708801 1516 DEERWOOD BEND EAGAN $78.32 00035426 0023916604 4180 SOUTH MEADOWLARK RD EAGAN $78.47 00040374 0012516704 1566 CLEMSON DR EAGAN $78.80 00038155 0012316709 4654 PENKWE WAY EAGAN .$78.86 00055904 0024010209 1731 BLUEBILL DR EAGAN $78.97 00002387 0035509207 940 CHLOE LANE EAGAN $79.21 00064381 0024202301 1525 GREENWOOD CT N EAGAN $79.29 00041017 0010906808 1314 EASTER LANE EAGAN $79.43 00066250 0025677709 1467 KINGSWOOD POND OVLK EAGAN $79.53 00052988 0024339509 3641 PINECREST CT EAGAN $79.94 00057790 0024205908 3498 GREENWOOD CT S EAGAN $80.09 00031169 0012809901 4676 TRAVERSE PT EAGAN $80.13 00055619 0037615903 3915 CANTER GLEN DR EAGAN $80.43 00052444 0025716309 4126 OAKBROOKE CURVE EAGAN $80.91 l06 00056351 0013115902 4220 DANIEL DR EAGAN $80.98 00024106 0024215402 3460 HIGHLANDER DR EAGAN $81.22 00056710 0012612008 4520 CINNAMON RIDGE TR EAGAN $81.70 00064731 0012225009 4321 TRENTON TR EAGAN $82.78 00049281 0036300309 1420 HIGHVIEW AVE EAGAN $83.49 00000871 0024712689 4156 HILLTOP LANE EAGAN $84.20 00052048 0024005100 1754 FLAMINGO DR EAGAN $84.32 00000900 0024904401 3611 CROSSROAD CT EAGAN $84.76 00019899 0012603106 2099 CLIFFVIEW DR EAGAN $85.20 00061252 0012644704 4805 SLATER RD EAGAN $85.20 00061026 0010907111 1317 EASTER LANE EAGAN $85.20 00057741 0038315107 641 CRANE CREEK LANE EAGAN $85.23 00055848 0012511507 1577B CLEMSON DR EAGAN $85.29 00051748 0013258504 1511 PINETREE TR EAGAN $85.61 00046019 0024313702 3678 DENMARK AVE EAGAN $85.62 00048204 0011512704 4273 BOULDER RIDGE PT EAGAN $85.90 00066346 0012212718 4209 TRENTON RD EAGAN $86.36 00000403 0012609400 4557 SCOTT TR EAGAN $86.49 00066243 0012311809 4623 PENKWE WAY EAGAN $86.64 00055669 0010309508 4247 SANDSTONE DR EAGAN $86.79 00064791 0010301406 4247 LIMESTONE DR EAGAN $87.06 00042556 0024308603 3660 DENMARK AVE EAGAN $87.17 00066141 0012616504 4480 CINNAMON RIDGE TR EAGAN $87.20 00061405 0013290705 4897 TWINS CT EAGAN $87.46 00016229 0011119104 4427 MALLARD CT EAGAN $87.87 00060922 0013297502 4682 SLATER RD EAGAN $88.35 00060187 0013197306 4906 RUSTEN RD EAGAN $88.93 00049634 0025001405 3836 LAUREL CT EAGAN $89.68 00058496 0023406853 2125 SILVER BELL RD EAGAN $89.79 00023688 0024010407 1729 BLUEBILL DR EAGAN $90.66 00053583 0012012902 2045 VIENNA LANE EAGAN $91.01 00050379 0011117207 1682 WOODGATE LANE EAGAN $91.29 00064252 0011714300 4353 BEAR PATH TR EAGAN $91.63 00063044 0024901605 1311 CRESTRIDGE LANE EAGAN $91.66 00020010 0012613709 4504 CINNAMON RIDGE TR EAGAN $92.19 00001037 0036146504 1599 SNOWFLAKE DR EAGAN $92.41 00026644 0035501410 1426 SKYLINE RD EAGAN $93.43 00064074 0010803609 4421 WILDERNESS RUN CIR EAGAN $93.77 00061053 0012031209 2016 VIENNA LANE EAGAN $93.80 00050130 0010514701 1675 HICKORY HILL EAGAN $93.93 00015309 0012909701 4435B CLOVER LANE EAGAN $93.94 00017430 0011813805 4785 BEACON HILL RD EAGAN $93.99 00055980 0025725805 1715 TALON TR EAGAN $94.03 00000562 0012810107 4679 TRAVERSE PT EAGAN $94.33 00000200 0011716503 1888 DEER HILLS TR EAGAN $94.90 00022505 0023300809 2121 CARNELIAN LANE EAGAN $94.98 00058908 0012428108 4317 LEX POINTE PKWY EAGAN $95.04 00066283 0024214603 3451 HIGHLANDER DR EAGAN $95.38 00035078 0012103404 4588 CANTEBURY CIR EAGAN $95.55 00000826 0024310005 1268 TIMBERSHORE LANE EAGAN $95.73 00000996 0035509207 940 CHLOE LANE EAGAN $96.05 00026000 0036145407 3220 EVERGREEN DR EAGAN $96.26 (.Q-i 00027730 0036504801 1057 KENNETH ST EAGAN $96.62 00041974 0023303605 2085 CARNELIAN LANE EAGAN $96.74 00064289 0012203808 4322 STIRRUP ST EAGAN $97.04 00047942 0036108108 3325 DONALD AVE EAGAN $97.22 00054475 0011112000 1702 WOODGATE LANE EAGAN $97.79 00024374 0024316903 1209 TIMBERSHORE LANE EAGAN $97.82 00061061 0025722307 2220 LIBERTY LANE EAGAN $97.91 00054976 0037717808 3870 GIBRALTAR TR EAGAN $98.26 00033950 0010104602 2133 SHALE LANE EAGAN $98.44 00042761 0012618708 4510 SLATER RD EAGAN $99.40 00016070 0011100906 4448 WOODGATE CT EAGAN $99.56 00019071 0012303707 4648 RIDGE CLIFFE DR EAGAN $99.61 00002444 0036300218 1420 SKYLINE RD EAGAN $99.64 00025845 0025213406 3792 BLACKHAWK RIDGE CIR EAGAN $100.20 00063796 0025011206 3826 WILLOW WAY EAGAN $100.42 00000551 0012804704 4691 H I RTA PT EAGAN $100.84 00055644 0025011404 3820 WILLOW WAY EAGAN $100.99 00053839 0036144004 1613 RAINDROP DR EAGAN $101.04 00059385 0012906301 4489B CLOVER LANE EAGAN $101.15 00002442 0036300101 1410 SKYLINE RD EAGAN $101.32 00044961 0037707502 1023 BRIAR CREEK RD EAGAN $101.57 00035509 0013162607 1600 WEXFORD CIR EAGAN $102.45 00042653 0024307209 1294 CRESTRIDGE LANE EAGAN $102.81 00027248 0036230506 1590 STEPHANIE CIR EAGAN $103.96 00044720 0037718202 1046 SAVANNAH RD EAGAN $103.98 00060245. 0013285408 1150 LEXINGTON RIDGE CT EAGAN $104.11 00032345 0010610608 1444 BALSAM ST EAGAN $104.52 00060452 0011801503 4687 BEACON HILL RD EAGAN $104.63 00058367 0036107209 3302 DONALD AVE EAGAN $105.25 00053642 0023507502 1944 TURQUOISE TR EAGAN $105.88 00047538 0012318309 4616 1/2 RIDGE CLIFFE DR EAGAN $106.21 00044383 0024010902 1755 BLUEBILL DR EAGAN $106.66 00038476 0012213609 820 YORKTOWN PL EAGAN $107.10 00049256 0035505502 2981 LEXINGTON AVE S EAGAN $107.44 00019908 0012604005 2110 CLIFFVIEW DR EAGAN $107.90 00064332 0011901600 4812 SHEVLIN CT EAGAN $108.48 00024973 0024517302 3933 WESTBURY WAY EAGAN $108.70 00053376 0010204204 2117 MARBLE LANE EAGAN $108.73 00059664 0025731001 2130 CEDAR GROVE TR EAGAN $109.08 00061500 0012111308 4555 HORIZON CIR EAGAN $109.31 00016375 0025674805 3684 ROBIN LANE EAGAN $109.85 00066109 0012500609 1484 AUBURN CT EAGAN $110.58 00050346 0037200805 3786 GREENSBORO CT EAGAN $110.68 00047644 0012120408 1021 WEDGWOOD LANE S EAGAN $111.05 00051591 0012017604 2082 KINGS RD EAGAN $111.42 00060968 0023208804 2053 JADE LANE EAGAN $111.59 00000543 0012802807 4725 LUND PT EAGAN $112.22 00046614 0012610002 4541 SCOTT TR EAGAN $112.54 00049773 0012822607 4723 NARVIK DR EAGAN $112.55 00058825 0025013004 3807 HEATHER DR EAGAN $112.66 00064106 0012632857 4428 CINNAMON RIDGE TR EAGAN $113.78 00058557 0012117503 1116 TIFFANY CT EAGAN $114.02 4p 00053590 0010903607 1339 SIGFRID ST E EAGAN $114.23 00040118 0023503808 1908 CARNELIAN LANE EAGAN $114.50 00057942 0012628202 4461 SLATER RD EAGAN $114.50 00046809 0037808904 1075 NORTHVIEW PARK RD EAGAN $114.64 00061115 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SHERWOOD WAY EAGAN $223.61 00052424 0037007408 896 WESCOTT SQUARE EAGAN $223.76 00055688 0012605507 2115 CLIFFHILL LANE EAGAN $224.30 00043548 0024216509 3436 HIGHLANDER DR EAGAN $225.01 00061351 0038329207 949 CHLOE LANE EAGAN $225.04 00059574 0012515904 1558 CLEMSON DR EAGAN $225.36 00019721 0012530606 4318 CLEMSON CIR EAGAN $226.07 00059736 0010706307 4354 SVENSK LANE EAGAN $226.08 00014980 0010303303 4253 JASPER DR EAGAN $226.33 00056603 0036309508 2890 FAIRLAWN PL EAGAN $227.18 00028162 0036725505 641 HILLSIDE DR EAGAN $227.51 00022545 0023304900 2057 BLUESTONE LANE EAGAN $228.49 00025589 0037121001 861 TROTTERS RIDGE EAGAN $229.61 00060888 0012704300 4650 LENORE LANE EAGAN $230.52 00042235 0012838306 4717 BERKSHIRE CT EAGAN $230.86 00015780 0010900702 1376 BALSAM ST E EAGAN $231.15 00047150 0037102902 4107 STATES AVE EAGAN $231.58 00036332 0010503803 4546 JOHNNY CAKE RIDGE RD EAGAN $231.60 00061046 0023923105 4133 MEADOWLARK PT EAGAN $233.18 00049297 0012317400 4624 RIDGE CLIFFE DR EAGAN $233.76 00017963 0024324501 3757 DENMARK TR W EAGAN $233.77 00064277 0012511101 15758 CLEMSON DR EAGAN $233.83 00058860 0011721305 4292 BEAVER DAM RD EAGAN $234.38 00038624 0011724705 1901 BEAR PATH TR EAGAN $234.84 00015824 0010905107 1346 EASTER LANE EAGAN $235.34 00034224 0013149802 4327 JENNIFER CT EAGAN $235.63 00020989 0012900502 1826 WALNUT LANE EAGAN $236.22 00038099 0012215703 4215 VALLEY FORGE PL EAGAN $236.50 00027604 0036430502 104--3080 SHIELDS DR EAGAN $237.56 00000691 0023607302 3948 CINNABAR DR EAGAN $238.35 00049702 0012247300 4250 AUGUSTA LANE EAGAN $239.15 00026354 0012007308 2041 PIN OAK DR EAGAN $239.22 00020843 0012827002 4723 RIDGE WIND TR EAGAN $239.34 00041009 0038273009 874 TRAILS END RD EAGAN $241.06 00026865 0036112589 3147 FARNUM DR EAGAN $241.16 00059778 0023912306 1772 GABBRO TR EAGAN $241.53 00020065 0012619706 4505 SLATER RD EAGAN $244.94 00059840 0012131801 4431 LYNX CT EAGAN $246.01 00066251 0025677808 1463 KINGSWOOD POND OVLK EAGAN $246.24 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EAGAN $260.21 00059788 0037708302 1055 BRIAR CREEK RD EAGAN $261.48 00022317 0023112006 2060 EMERALD LANE EAGAN $261.50 00030076 0038009403 3794 LINDEN CT EAGAN $261.95 00065586 0036801009 3942 WORCHESTER DR EAGAN $262.10 00066302 0023907009 1806 BLUESTONE DR E EAGAN $262.73 00032493 0024521304 3912 WESTBURY WAY EAGAN $263.15 00001367 0038329405 944 CHLOE LANE EAGAN $263.86 00039453 0013208400 4296 GADWALL CT EAGAN $264.56 00049561 0010105609 2091 SHALE LANE EAGAN $265.95 00064580 0012233805 776 SUNSET DR EAGAN $266.00 00059185 0012027108 2035 PIN OAK DR EAGAN $266.98 00066340 0010910503 1212 BALSAM TR E EAGAN $267.51 00046036 0024335705 3834 DEERCLIFF CT EAGAN $267.53 00000634 0013216304 1896 RIDGECREST CIR EAGAN $274.84 00000954 0025305004 4002 DEERWOOD TR EAGAN $274.86 00037277 0024214504 3449 HIGHLANDER DR EAGAN $275.13 00044837 0010902302 1355 BALSAM ST E EAGAN $275.57 00000555 0012805602 4693 LISTA PT EAGAN $276.93 00046019 0038303608 3852 BIG TIMBER TR EAGAN $277.97 00027930 0036607505 645 RITA CT EAGAN $278.77 00066323 0012606802 2090 CLIFFHILL LANE EAGAN $280.38 00000371 0012505004 1515 CLEMSON DR EAGAN $281.03 00046709 0013183207 4225 DANIEL DR EAGAN $281.30 00064660 0012430104 4336 LEX POINTE PKWY EAGAN $281.98 00027524 0036407104 1335 QUARRY LANE EAGAN $283.19 00016639 0011506201 4304 KAUFMANIS WAY EAGAN $286.75 00059225 0012214102 4236 TRENTON RD EAGAN $288.13 00018275 0012121802 1006 WEDGWOOD LANE N EAGAN $288.16 00055590 0023503105 1940 CARNELIAN LANE EAGAN $288.81 00040127 0012836102 1926 COVINGTON LANE EAGAN $289.94 00033445 0024104002 3983 RIVERTON AVE EAGAN $291.22 00016869 0011701802 1977 BADGER CT EAGAN $292.53 00032100 0012222501 4270 VALLEY FORGE PL EAGAN $293.77 00066196 0037113107 4118 BRADDOCK TR EAGAN $298.42 00049824 0012205209 670 ATLANTIC HILL DR EAGAN $299.24 00039037 0012813705 4684 LENORE LANE EAGAN $299.45 00049796 0010204105 2126 MARBLE LANE EAGAN $299.71 00046159 0012803805 1742 KARIS WAY EAGAN $300.27 00056078 0013122502 4392 TOFTE LANE EAGAN $300.34 00064856 0012822300 1837 NARVIK CT EAGAN $300.81 00051056 0025108507 1599 PARK PL EAGAN $301.45 00064691 0012504601 1520B CLEMSON DR EAGAN $302.32 00049007 0012215406 4202 VALLEY FORGE PL EAGAN $302.57 00060840 0011743903 1883 DEER HILLS TR EAGAN $303.89 00026817 0010109007 4370 DIAMOND DR EAGAN $308.92 00056739 0010910909 1219 BALSAM TR E EAGAN $309.32 00063746 0024403438 3640 CRESTRIDGE CT EAGAN $310.96 00001123 0037500907 4173 COUNTRYSIDE DR EAGAN $311.70 00059971 0024709107 4126 BLUEBERRY LANE EAGAN $314.11 00020953 0012837803 4736 BERKSHIRE WAY EAGAN $314.34 00060296 0012903001 4482B CLOVER LANE EAGAN $317.94 00047643 0012913000 4404 CLOVER LANE EAGAN $320.95 00053476 0013176102 546 EASTWOOD CT EAGAN $326.34 00065590 0036803401 3816 FAIRHAVEN RD EAGAN $327.43 00065656 0037018900 3695 FALCON WAY EAGAN $327.70 00017922 0012022208 1989 SAFARI TR EAGAN $330.91 00029494 0037617107 3906 CANTER GLEN DR EAGAN $333.32 00050468 0036607406 3216 RANDOM RD EAGAN $335.08 00024539 0024333809 3866 DENMARK AVE EAGAN $336.27 00021529 0013111109 4714 HAZELTINE LANE EAGAN $339.16 00060405 0012112009 4569 HORIZON CIR EAGAN $340.87 00061557 0037006806 949 WESCOTT TR EAGAN $341.20 00060911 0013292107 1442 WELLINGTON WAY EAGAN $346.22 00052424 0037004207 930 WESCOTT TR EAGAN $346.86 00029602 0037708005 1043 BRIAR CREEK RD EAGAN $348.35 00064842 0012708707 4759 NARVIK DR EAGAN $348.87 00056331 0023103401 2178 GARNET PT EAGAN $349.71 00017945 0011122306 4366 WOODGATE LANE N EAGAN $351.35 00049016 0023502602 1957 JADE LANE EAGAN $352.14 00000714 0023906803 1818 BLUESTONE DR E EAGAN $352.42 00045982 0012280673 659 OVERHILL RD EAGAN $359.21 00030586 0010306207 4282 JASPER DR EAGAN $359.56 00023709 0023509003 4059 OLIVINE DR EAGAN $361.96 00040060 0037116902 4036 PENNSYLVANIA AVE EAGAN $362.63 00027772 0036509008 1042 BEATRICE ST EAGAN $364.21 00053437 0013243209 2269 WALL ST EAGAN $366.53 00056375 0036712701 3306 ROLLING HILLS DR EAGAN $369.51 00058499 0013188107 646 WATERVIEW COVE EAGAN $369.89 00041327 0024804205 3603 WIDGEON WAY EAGAN $369.94 00061417 0012008207 2091 PIN OAK DR EAGAN $370.71 00039144 0037108503 4105 PENNSYLVANIA AVE EAGAN $371.34 00028944 0037114402 4008 PENNSYLVANIA AVE EAGAN $371.83 00016652 0011507506 4365 CAPRICORN CT EAGAN $374.98 00037552 0012403408 4585 LAKE PARK DR EAGAN $378.53 00057436 0013131404 590 TODD AVE EAGAN $382.29 00060246 0037020005 3684 FALCON WAY EAGAN $383.70 00057095 0025718909 1827 JOURDAN CT EAGAN $384.97 00051650 0037114105 4020 PENNSYLVANIA AVE EAGAN $385.66 00058877 0012712907 4606 LENORE LANE EAGAN $387.94 00020122 0012625406 4403 SLATER RD EAGAN $391.09 00015336 0010601102 4260 HEINE STRASSE EAGAN $397.90 00050036 0025310202 1432 CUTTERS LANE EAGAN $399.28 00001105 0037012507 3629 BLUE JAY WAY EAGAN $401.93 00027896 0036604205 585 CHAPEL LANE EAGAN $402.77 00064566 0012228003 4310 TRENTON TR EAGAN $406.07 00060172 0012822003 4734 NARVIK DR EAGAN $407.32 00048307 0012645305 4813 WHISPERING CT EAGAN $411.48 00056492 0013277603 IRR--4542 VILLA PKWY EAGAN $424.53 00000303 0012133302 773 COUGAR DR EAGAN $428.06 00054967 0010106904 2078 COPPER LANE EAGAN $429.90 00060467 0037504107 4142 LANTERN LANE EAGAN $431.04 00018800 0012239208 4483 WHITETAIL WAY EAGAN $434.09 00000304 0012133401 775 COUGAR DR EAGAN $434.18 00063450 0036100709 3245 TERMINAL DR EAGAN $438.56 00058774 0011700804 1960 CHIPMUNK CT EAGAN $444.20 00037637 0013153101 530 HAWTHORNE WOODS DR EAGAN $450.82 00034812 0013179908 953 TRILLIUM CT EAGAN $466.99 00037899 0013192000 535 WHITE PINE WAY EAGAN $471.90 00041009 0037005907 872 TRAILS END RD EAGAN $474.77 00063790 0037004504 918 WESCOTT TR EAGAN $475.29 00025970 0038268801 822 BEAR PAW TR EAGAN $479.65 00060249 0012014502 2057 VIBURNUM TR EAGAN $499.58 00035188 0013220009 4330 MATTHEW CT EAGAN $509.92 00049591 0037904208 3673 WESCOTT HILLS DR EAGAN $516.48 00041593 0024101008 1746 COCHRANE AVE EAGAN $524.10 00059237 0036712909 3298 ROLLING HILLS DR EAGAN $527.01 00046337 0012022802 1966 SAFARI TR EAGAN $579.10 00066030 0038289104 886 OAK CT EAGAN $579.38 00055165 0037004108 934 WESCOTT TR EAGAN $659.63 00061093 0012229407 4260 AUGUSTA LANE EAGAN $706.51 00060719 0012632899 4420 CINNAMON RIDGE TR EAGAN $947.85 $109,407.98 '70 Agenda Information Memo May 6, 2008, Eagan City Council Meeting F. VARIANCE AND FINAL PLAT (ABF ADDITION) - ABF FREIGHT SYSTEM, INC. ACTIONS TO BE CONSIDERED: To approve (OR direct the preparation of findings of fact for denial of) a Final Plat to create one lot upon approximately 8.02 acres located at 2750 Lexington Avenue South, legally described as Lots 3, 4, 5, and 6, Plainview Addition, in the NW 1/4 of Section 02. To approve (OR direct the preparation of findings of fact for denial of) a Variance of 10 feet to the required 50-foot front yard setback for the existing building at 2750 Lexington Avenue South in the NW 1/4 of Section 02, subject to the conditions listed in the staff report. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ ABF Freight System, Inc. is proposing a Final Plat of their existing property to consolidate four existing parcels into one lot. ➢ ABF Freight System, Inc. is requesting a 10-foot building setback. Variance from Lexington Avenue to make the existing setback conforming following the replat. ➢ The proposed plat dedicates additional right-of-way for Lexington Avenue as required by Dakota County. The dedication of right-of-way results in a reduced front yard setback for the existing building, prompting the Variance request. ➢ The County Plat Commission reviewed the plat on April 14, 2008 and required that the plat show restricted access over the northerly driveway, which will be allowed to remain by permit for the time being. ➢ This item was continued from the April 15, 2008 Council meeting to allow the applicant time to revise the plat per the County Plat Commission's direction. ➢ The revised Final Plat is included in the attachments. ISSUES: None 60-DAY AGENCY ACTION DEADLINE: May 26, 2008 ATTACHMENTS (3): Location Map, page Revised Final Plat, page Planning Report on pagesthroughz~P=A% 11 Eagan Boundary Right-of-way ~ Para Location Map Park Area k Area Building Footprint e r eLUe GCNI4N Re e p Subject Site s 8 41o. S'a ti~ o O„ P ❑44 09 o / / > se.neeeer ❑ / <f9 9 470 • i o 1 e v MC ~R S E3 P o o-.o❑ 13 ~ 0 ua e 0 00 L p ,po _ Nevear o / ~ s F W (nI u x a ~ ~ ~ a:QO I I L .26 (LONE OAK ROAD) - C.6.A.H. NO.36 (LONE OAK RD.) a c ICI 8 u 7 o =o' po0 °~e.~~o. 9 L dd~~. m l A NON- uoua i 1000 0 1000 2000 Feet Development/Developer: ABF Freight Systems Application: Variance Case No.: 02-VA-03-03-08 N City of Eap W*E HIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. - I / I / j. / I / / Wm I c; I I i ~J CS° , / I ~ I / I I Q / IJ~, ~ 71 I „I / b I I i I-s cE I ( 111 I of iJ 0, 10 04 Q / / / onto I I ~ I ' Z I~ I m I I c ~ I. ~ I g° N `W P, cn "az s5 I I I i =~r w z= t I ~~ct ~l I iN I I °~~ar. g W I h ~3 I ~ \ \3 Jl t%ee a ( z W °n I v IV ~V' V• ~pa S~ = T: 6'ZLS .a 00'001 LL '30a •LZ 'dMl L / (0a 61 "9Z 3.RtjznOos / 'o3s !0 Z/l N1aoN N O r"; cz IN 'L2 ry 3Ni !0 3M3 10M- O 17 -d l 'Z '035 !0 1/t i o V e - «i M5 3N1 4 3M) 153iM•", W own 0= I ni s-~ M ~Y oN Un W .a" ~ I FINAL PLAT PLANNING REPORT CITY OF EAGAN REPORT DATE: April 10, 2008 CASE: 02-VA-03-03-08 APPLICANT: ABF Freight System, Inc. HEARING DATE: April 15, 2008 PROPERTY OWNER: ABF Freight System, Inc. APPLICATION DATE: March 27, 2008 REQUEST: Variance PREPARED BY: Pamela Dudziak LOCATION: 2750 Lexington Avenue COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of a 10-foot Variance to the required 50-foot front yard setback from a County roadway for property located at 2750 Lexington Avenue, legally described as lots 3, 4, 5, and 6, Plainview Addition, in the NW V4 of Section 2. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special conditions or circumstances do not result from actions of the applicant. d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. -7 1 Planning Report ABF Freight System Inc. April 15, 2008 e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. CODE REQUIREMENTS The City Code requires a 50-foot front yard building setback from the Lexington Avenue right- of-way. With the replatting of the property, and required dedication of additional right-of-way for Lexington Avenue, the existing building will be set back 40 feet from the new Lexington Avenue right-of-way. Thus, a setback Variance of 10 feet is requested for the building. BACKGROUND/EXISTING CONDITIONS The property is platted and consists of four parcels. There is an existing office/warehouse on the property, and an accessory service garage. Access is provided from Lexington Avenue in two locations. A Conditional Use Permit was issued to the property in 1998 for the outside storage of trucks and trailers. A visit to the site showed a broken tree in a parking island at the southerly driveway into the site. EVALUATION OF REQUEST The applicant has submitted a building permit application proposing to construct an expansion of the warehouse on the east end of the building. In conjunction with that improvement, the existing service garage will be removed. The property will be replatted to consolidate the four existing parcels into one lot. With replatting, Dakota County will require dedication of additional right-of-way for Lexington Avenue. The resulting building setback from the new right-of-way line is 40 feet, as compared to the minimum 50 feet required from a County roadway. City Code requires maintenance of landscape materials, including replacement of damaged plants or plants that die or are removed to due to disease. Therefore, the broken and dead tree at the southerly entrance to the site should be replaced with nursery stock meeting minimum specifications in the City's landscape ordinance. APPLICANT'S ESTIMATE OF HARDSHIP The proposed variance is the result of the County's requirement to dedicate additional right-of- way with the replatting of the property. Without the variance, this property would have a nonconforming building setback after replatting. Replatting is required for the building permit to be issued. Planning Report ABF Freight System, Inc. April 15, 2008 SUMMARY/CONCLUSION ABF Freight System, Inc. is requesting a 10-foot building setback Variance from Lexington Avenue. This variance is necessary to accommodate a reduced setback along Lexington Avenue resulting from the dedication of additional right-of-way with replatting of the property. Without the variance, the setback will become non-conforming. ACTION TO BE CONSIDERED To approve a 10-foot Variance to the required 50-foot front yard setback from a County roadway for property located at 2750 Lexington Avenue, legally described as lots 3, 4, 5, and 6, Plainview Addition, in the NW 1/4 of Section 2. 1. If within one year after approval, the variance shall not have been completed 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 at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The broken tree at the southerly entrance shall be replaced with nursery stock meeting the minimum specifications in the City's landscape ordinance. Eagan Boundary Right-of-way Location Map Parcel Area Park Area Building Footprint n 2 y .WE ZO AN Ip ~Y = Subject Site E~CIw 8 c; [P Q O °b D= 0 O % ~ EFATIUCE ~O go i S K Ne.EEn ~ or p EARS L ffTDg L s ~ a .26 (LONE OAK ROAD) C.6.A.H. NO.26 (LONE OAK RD.) a ~7n r S 0 Elb aye L) ,4 11( ❑ 0 ~ - ~ i to• h~ ewwi~. on L d ~ / ~y,A•° af] ~Y Arouo xw° f LE LJ uo~w i 1000 0 1000 2000 Feet Development/Developer: ABF Freight Systems Application: Variance Case No.: 02-VA-03-03-08 N City of Eapn THIS MAP IS INTENDED FOR REFERENCE USE ONLY W+E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. 71 r x46 5 ~ ,a 6~ i 2J 1 I- ~ \ ~ i a U rte; _'-r-, , 71. It .777 W - - - X11 • i - - U~ y I 3 y S ~ S a E f• F i 'n E I~ }a w F: p E e G c E~ y i E ,e. 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IUi' 21 ze, s..: JJ i•~ i 66 r~ i E LLJ LLJ g h AMM 1J ♦ i 'p R : J Project Narrative ABF Loading Dock Addition Prepared By: Westwood Professional Services March 27, 2008 For Variance Request Purpose: This application is for a Variance Request for the proposed ABF Loading Dock Addition. The site, located at the south intersection of Lexington Avenue and the Soo Line Railroad, is legally described as Lots 3, 4, 5, and 6, Plainview Addition. The purpose of this application is to request a variance in the required building setback along Lexington Avenue for the existing building from fifty feet to forty feet. Schedule: The applicant is requesting a building permit as soon as possible to allow construct to begin this spring. We are requesting this application be reviewed by Staff and approved at Planning Commission and City Council as soon as possible. Attachments: • Completed Variance Application Form (submitted by ABF) • Completed Variance Submittal Checklist (submitted by ABF) • Check in the amount of $900 for application fees and escrow deposit (submitted by ABF) • Development Plans (including Existing Conditions and Site Layout) - Two full-size Two 8x1 1 • Mailing labels Applicant: Civil Engineer ABF Freight System, Inc. Westwood Profession Services 3801 Old Greenwood Road 7699 Anagram Drive Fort Smith, Arkansas 72903 Eden Prairie, MN 55344 Phone: 479-785-8702 Phone: 952-937-5150 Fax: 479-785-6015 Fax: 952-937-5822 Email: wjechols@abf.com Email: mark.salo@westwoodps.com Contact: Walter Echols Contact: Mark Salo Existing Zoning: I-1 (Limited Industrial) Proposed Zoning: No change. Comprehensive Guide Plan Designation: Currently guided as Limited Industrial (IND) and Future Land Use is also Limited Industrial. RECEIVED PAR 2 7 2008 Project Narrative ABF Loading Dock Expansion March 27, 2008 Westwood Project No. 20071211 Eagan, MN Page 1 of 2 Existing Conditions: The existing site is comprised of four separate lots that contain approximately 8.02 acres in area. The site is currently developed with a 14,400 square-foot warehouse/distribution center and a 3,100 maintenance building. Two driveways to Lexington Avenue provide site access. Adjacent Land Use: To the north and east of the property, across the Soo Line Railroad is an area also zoned I-1 (Limited Industrial). Beyond this area of Limited Industrial is Highway 55. To the west, Lexington Avenue and Interstate 35E separate the property from properties also zoned Limited Industrial. To the south is a ±200 foot-wide strip of land currently used as parking for E-Z Air Park Inc. that is zoned PD (Planned Development). To the south of this parking lot is a neighborhood of single family homes zoned R-1 (Residential Single Family). Proposed Site Conditions: A±7,800 square-foot expansion is proposed at the east end of the existing warehouse/distribution building to bring the total size to ±27,200 square feet. The ±3,100 square-foot maintenance building will be demolished to clear room for the expansion. The expansion will be limited to the east end of the existing building. The site area around the building expansion will be paved with concrete or bituminous. Since this area was previously paved, no impacts to the stormwater management system are required. Variance: Upon review of the site plan application, City Staff requested the applicant to plat the property to combine the existing four lots into one. No changes to the overall site boundary were proposed. The existing building is currently 46' from the Lexington Avenue right of way, which meets the setback for a minor thoroughfare, but not for a Principal or A Minor Arterials. Since Lexington Avenue is a County Road, Dakota County reviewed the preliminary plat and requested right of way to be dedicated for future widening of Lexington Avenue. Currently, the centerline of the Lexington Avenue drive lane is inconsistent with the centerline of the right of way. The county requested the Applicant to locate the existing roadway centerline and provide 75' of right of way from the traveled centerline. To accommodate Dakota County's request, the right of way must shift to the east, thereby reducing the distance between the existing building and the right of way to 40 feet. The applicant is requesting a variance to allow this reduced setback between the existing building and Lexington Avenue which is currently classified as a Principal or A Minor Arterial. The proposed expansion area is located at the east end of the building, and fully complies with all applicable setbacks. This narrative and attached documents are being submitted for the City's consideration of the proposed ABF Loading Dock Addition. We look forward to further discussion and consideration at the upcoming Planning Commission and City Council meetings. Project Narrative ABF Loading Dock Expansion March 27, 2008 Westwood Project No. 20071211 Eagan, MN Page 2 of 2 Agenda Information Memo May 6, 2008, Eagan City Council Meeting G. VARIANCE - ADAM AVERY (2066 COPPER LANE) ACTION TO BE CONSIDERED: To approve (OR direct the preparation of findings of fact for denial of) a Variance of 5 feet to the required 30-foot front yard setback to construct a covered front porch addition to the existing single-family home at 2066 Copper Lane legally described as Lot 4, Block 8, Cedar Grove No. 4, in the NE 1/4 of Section 30, subject to the conditions listed in the staff report. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The property is located mid-block on the south side of Copper Lane. ➢ The property contains an existing single-family home with an attached two-stall garage which was constructed in 1962. ➢ The applicant's intent is to improve safety by increasing the depth of the front step and providing protection from the weather, to improve the appearance of the house and provide for a shaded outdoor sitting area on the north side of the home. ➢ The proposed addition will extend 6 feet out from the front of the existing house. The roof will be raised at the peak and extended out over the new porch. The roof will maintain the 4/12 pitch that is on the existing house. ➢ The porch addition would be permitted without the roof. However, the extension of the roof line over the new porch necessitates the variance. ➢ Lot coverage and other yard setback requirements are satisfied. ➢ The applicant's stated hardship is the existing placement of the house which is very near the minimum 30 feet. ➢ The lot configuration and house placement are not unique to this property, but do present a practical difficulty for a front addition. ➢ It does not appear that granting the Variance would result in detrimental effects to neighboring properties or the public. ➢ The applicant has submitted a signed statement from several neighbors indicating their support of his request. ISSUES: None 60 DAY AGENCY ACTION DEADLINE: June 3, 2008 ATTACHMENTS (2): Location Map, page Planning Report on pages Qt) through Eagan Boundary Right-of-way Para Location Map O ParkArea k Area Building Footprint V~ Sall ti o ED 8 ~ 4 (I v LS ~ o ~ - aq 4q ~ ~ n ~ q ~ 1 e ~ OO ~ 4 ~ 0'0 0 ❑py ® _ o a o o0°Q~ p d tl <7v ~ I a.ow une p ~ ~°°R C.SJ.H. NO. 30 (DIFFLEY ROAD) C.S.A.H. NO. 30 P °o o ° o rm AKdp" V Ca m cor J o°°.'~ o a o E~3 df~ r • Q Qpp u ~ eat 9 ~ S ° Ro..„p~Rgw 0 d+pa ° ° . 4 ° ovranyQd o~ Q ~ - ~ Subject Site o ti, a o Q bt7ba4C? _9 o4p ~ ~I ~ ~ w"°~e C3 Q ~ Q o ° o. Q • ~ 4q O ~ 4y ~O~ ~ 6 C1 fl n a n d 4 € oo ~ p ~C' ° o - + _ 8 ~o xaraoa Ey 4S 0 6 Q 0 ~ ~ a q AQ d 0 Od n _ auR rr.rwo. , Q Q A Q ~ a a fl pr a a~~ a ~ a q oa a o :5 aQ c~~~~, CE o U p qo _ >e uwE Q s ° P ~ c P p e Rogo W 6 4 00 : a L c p 0 [01 13 0 ~ w°r O • Q 1 93 QJ • aw - Q RqJ C lJI ° ~,-J ClNIl11 0 Off' 12 • u 11 O COUNTY a oa o C 0 0 4 9 4P CD R.•R ,.r C L L 4 c5 E~ 0 EM 6 c 1000 0 1000 2000 Feet Development/Developer. Adam Avery Application: Variance Case No.: 30-VA-04-04-08 N City of Eap O I THIS MAP IS INTENDED FOR REFERENCE USE ONLY w E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are IS Community Development Department not responsible for errors or omissions. PLANNING REPORT CITY OF EAGAN REPORT .DATE: April 24, 2008 CASE: 30-VA-04-04-08 APPLICANT: Adam Avery HEARING DATE: May 6, 2008 PROPERTY OWNER: Same APPLICATION DATE: April 4, 2008 REQUEST: Variance PREPARED BY: Pamela Dudziak LOCATION: 2066 Copper Lane COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R-1, Single Family Residential SUMMARY OF REQUEST The applicant is requesting approval of a Variance of approximately 5 feet to the required 30 foot front yard setback to construct a covered porch addition on the front of a single-family dwelling at 2066 Copper Lane legally described as Lot 4, Block 8, Cedar Grove No. 4, in the NE 1/4 of Section 30. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11. Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City. Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special conditions or circumstances do not result from actions of the applicant. Planning Report - Avery Variance May 6, 2008 Page 2 d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. CODE REQUIREMENTS City Code Section 11.60, Subd. 5, E requires a 30 foot front yard setback on property zoned R-1. City Code Section 11.40, Subd. 4.D.2 states that decks, patios, balconies, stoops, or other similar features (uncovered) that do not extend more than 30 inches above grade may encroach 8 feet into a required front yard setback. BACKGROUND/HISTORY The property is part of the Cedar Grove No. 4 subdivision which was platted in 1960. The existing single-family home was constructed in 1962. EXISTING CONDITIONS The existing single-family home has an attached two-stall garage. The lot is located mid-block on the south side of Copper Lane. According to the applicant's site plan, the existing home has a non-conforming side yard setback of 6 feet (ten feet is required). EVALUATION OF REQUEST Proposal - The applicant is proposing to add a covered front porch to the existing house. The applicant's intent is to improve safety by increasing the depth of the front step and providing protection from the weather, to improve the appearance of the house and provide for a shaded outdoor sitting area on the north side of the home. The roof will be raised at the peak and extended out over the new porch. The roof will maintain the 4/12 pitch that is on the existing house. Setbacks/Lot Coverage - According to the submitted Site Plan, the proposed new porch will extend 6 feet out from the house, 2.5 feet beyond the front of the attached garage. The new porch will be set back 25 feet from the front property line; an encroachment of 5 feet into the required 30-foot setback. The proposed porch would be permitted to extend up to 8' into the 30' front setback if it was open without a roof. However with the roof, the structure must meet the 30' front setback. The roof is the element that provides the applicant's desired weather protection for the front step and shades it from the sun. Planning Report - Avery Variance May 6, 2008 Page 3 The lot is 9,034 sq. ft. in area. According to the site plan submitted by the applicant the proposed porch addition adds 126 sq. ft. to the building coverage area, resulting in a total of 19.4%. R-1 zoning permits up to 20% coverage. Variance Criteria - The Zoning Ordinance states that relief may be granted from a required ordinance provision provided there are special conditions that apply to the subject land, the relief is not contrary to the Zoning Ordinance and Comprehensive Guide Plan, and it is necessary to alleviate a demonstrable hardship or difficulty. The Zoning Ordinance states that relief may be granted provided that there are special conditions that apply to the parcel in question. It does not appear as though special conditions (i.e., topography, unique lot configuration, vegetation, etc.) are present on the property. A single family dwelling with a detached two-stall garage is present on the site. The existing setback of the house is consistent with the other homes along this street. The relief sought by the applicant does not appear to be contrary to the Comprehensive Guide Plan, but may be inconsistent with the intent of the Zoning Ordinance. The purpose of the building setback provision is to prevent the overcrowding of properties and to provide green space. Since the request is to reduce the yard requirement, it appears to be contrary to the intent of the ordinance. However, the proposed addition will not affect sight lines. Further, the applicant has discussed the proposal with his neighbors and eight of them have signed a statement indicating they support the request. A demonstrable difficulty is required to grant relief from the minimum required front yard setback. The applicant is requesting relief from a required minimum setback to allow for the construction of a 126 square foot covered porch addition. While the porch addition would be permitted without the roof, the extension of the roof line over the new porch necessitates the variance. The requested Variance appears to be a minimal request to accommodate the porch, and provide the added safety and comfortable sitting. area desired by the applicant as well as an updated architectural appearance of the home. It does not appear that granting of the Variance would result in any detrimental effects to the neighboring properties or the public. Similar Variances have been granted from the required front yard setback for the construction of open porches elsewhere in the City. These other Variances were for similar amounts and similar construction. APPLICANT'S ESTIMATE OF HARDSHIP The applicant's stated hardship is the location of the house on the lot. With existing landscaping and the street alignment, the proposed addition will not affect sight lines. The applicant has discussed his proposal with neighbors and eight of them have signed a statement indicating they support the variance request. The applicant's narrative states "The existing front stoop is too small and gets icy in the winter. When the front door is opened guests are forced to step back onto the step to allow for the swing g7 Planning Report - Avery Variance May 6, 2008 Page 4 of the door. Several times people have come close to falling down backwards on the steps." In addition, "it gets too hot to sit on the deck in the backyard in the full summer sun" and this location on the north side of the house would provide a shaded sitting area. Finally, the applicant wants to improve the look of the house and believes the proposed front porch will "add character and a friendly curb appeal" to the home. SUMMARY/CONCLUSION In summary, the applicant is requesting a 5 foot Variance to the required 30 foot front yard setback to allow a covered porch addition to the house at 2066 Copper Lane. A single-family home with a two-stall attached garage is present on the site. The applicant has stated that the proposed addition will not impact sight lines or present other detrimental impacts, and has demonstrated the support of several neighboring property owners. The elevation plan indicates the proposed porch addition, along with other architectural elements, will result in a coherent and updated appearance of the home and a more usable front porch. Similar Variances have been granted from the required front yard setback for the construction of open porches elsewhere in the City. ACTION TO BE CONSIDERED To approve a Variance of 5 feet to the required 30 foot front yard setback for a covered porch addition to the house at 2066 Copper Lane, legally described as Lot 40, Block 8, Cedar Grove No. 4, in the NE %4 of Section 30. If approved, the following conditions should apply. 1. If within one year after approval, the variance shall not have been completed 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 at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The porch addition shall not exceed the size shown on the proposed site plan. 3. The addition shall comply with all other applicable Zoning Ordinance provisions. 4. A building permit must be obtained prior to construction. Eagan Boundary Right-of-way Location Map o Parcel Area Park Area Building Footprint v- U 1) O O ° l.J ~ L!_ 0r?® ® Qo E3 o a p C~v ✓~j r-S.A.H. NO, 30 (biFFLEY ROAD) 1- r-SJLH. NO. 30 0o D co"A w¢ of ;5 4 o cTp o o 6 dfl m uoi ~ ~ E 3 ~ a °o.mnr4epP q ° n o Q° Subject Site w a o Q o 4 fl Q 0 t~ 6 ~ 0 J 4j CJ Q p ` +e o° 6 € f°~ erw. rAte nun 4l Gap A Q ° c ca Q ° 04 9 ® © o q 0 a fl t3 C] C] 6 p a L3 r~ ~ n o 0 9 n p i, - 1NB exec uue P ~ cure 4KFRwo ~^.:+•J p o~ o ~ Q a 0 2 0 SS unc cemcn0 04 couNTY El M0 El E7 8 a Q, .41 1000 0 1000 2000 Feet Development/Developer: Adam Avery Application: Variance Case No.: 30-VA-04-04-08 City of Cagan THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. 'tY _ 1~ 1 y-. w^4°s T'; 17 r S n.• ~ k, ! ..r": .f i-~l~s it AIC Fi q .t~ t k f5z a f w.b y FJ} # d_I . kr- S . k k A r V" J I cr Vim' 1 COPPER LANIF _ i r a D MEWW „ FAP.S:TER BD., flkTH LNn -GARAGE EEDRDDM OFME Sp5r,P55 6]c5p55 1, _ - - - - - 41~ ,5 ----ti. lb, LM14 AREA ,u5 r+n i I RECEIVED APR 0 4 2108 y FLU C~4 LLJ '3 4 r~r LU i-- rb I-J ~r = rY~ Lil z ~~a a~ ° Q _ I I c`v I; LU cu- CIZ CID I I } . t ~ , I f 4 i r cx_ f' LLJ 71 r~ 11 t 4r w Y ^i { 1 T 1 F` 1 ~ ~(Eiy' c= i r' g~rf -i ~ t f( r~ 4 J 1~ ty r- } he .-:~r l ~ 9 L t 1 i 1 { r AV } V _R r I CL 4 ' tc ~•®xF v f' - 1 el } ~s - - it f~ - tF rk 1.. ~ . - §f~ . A7 n Y u " 'PIC,' Z '+T L !•y Lij LLJ 1 3 s J y g F f ~ .ON i f K t f~w ILI" l~ _ yr ~ 3 FE{t - a £ f low t fi J s~ a I, s - a' Variance Request I, Adam Avery, request permission to build a covered porch on the front of my house at 2066 Copper Lane. This porch will be 6 feet by 21 feet and will extend 5 feet past the designated set back, however only 2 1/2 feet past the front of the existing garage. The deck will be no higher than 18 inches from grade and within legal size limits. The roof will be raised at the peak less than 1 foot and extend to a standard 2 foot overhang to match the existing house. The new roof will also match the 4/12 pitch on the existing house. Sight lines from the road will not be affected. This house sits on the concave side of a slight bend in the road and is also partially hidden by a large hedge and 2 trees. There are 3 main reasons I would like to do this: 1. Safety. The existing front stoop is too small and gets icy in the winter. When the front door is opened guests are forced to step back onto the step to allow for the swing of the door. Several times people have come close to falling down backwards on the steps. 2. Comfort. As this house faces north, it is simply too hot to sit on the deck in the backyard in the full summer sun. This would allow for a shaded sitting area. 3. Appearance. My wife and I have always liked the looks of houses with a front porch. We believe they add character and a friendly curb appeal. We would like to add that to our house. RED I I I P 0 4 2008 9-7 I have talked with Adam about his planned porch and have no problem with it. I encourage -the Council to grant this variance. c.~ b iiJ .tJ RECEIVED APR 0 4 2008 Agenda Information Memo May 6, 2008, Eagan City Council Meeting VII. OLD BUSINSS A. PLANNED DEVELOPMENT AMENDMENT, FINAL PLANNED DEVELOPMENT AND FINAL PLAT - MSP COMMERCIAL ACTIONS TO BE CONSIDERED: To approve (OR direct preparation of findings of fact for denial of) a Planned Development Amendment for a two-story medical/office building upon approximately 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/a of Section 15. To approve (OR direct preparation of findings of fact for denial of) a Final Planned Development for a two-story medical/office building upon approximately 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 %a of Section 15. To approve (OR direct preparation of findings of fact for denial of) a Final Plat to create one lot upon approximately 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/a of Section 15. REQUIRED VOTE FOR APPROVAL: At least three votes (PD Amendment); At least three votes (Final PD); Majority of Councilmembers present (Final Plat) FACTS (New information indicated in bold.): ➢ 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 two 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. ➢ This item was continued from the April 16, 2008 Council meeting to allow MSP and BCBSM time to privately resolve the matters regarding parking and the easements. ➢ MSP has submitted a letter explaining the solution they and BCBSM have come up with, and a revised site plan. ➢ MSP and BCBSM propose to eliminate the easement altogether, and MSP would deed to BCBSM the easterly portion of the development site. The remaining parking lot for the proposed MSP building would be expanded to the north. ➢ Staff has reviewed the site plan and determined the following: o The revised plan provides for a total of 179 parking stalls for this building, 126 stalls on-site, and 53 on the adjacent Best Buy property. o 179 parking stalls does satisfy the minimum required amount of parking based on the City Code which establishes a range of 175-219 parking stalls required, depending on how the property leases out between medical and other office uses. o The redesign of the parking lot shifts the curb to the south, reducing the parking setback to the edge of the public trail easement, approximately 15 feet from the property line, and 12 feet behind the trail. o A retaining wall will be necessary to add the northerly row of parking and maintain a continuous trail adjacent to the pond to the easterly edge of the property. o Expanding the parking lot and trail to the north raises questions about added impervious coverage, and possible encroachment into wetland buffers. o A net increase in impervious coverage on the proposed westerly parcel will warrant implementation of additional water quality treatment measures. o Other required plans (i.e. Grading Plan, Landscape Plan, Utility Plan, etc.) should be modified to reflect the changes to the Site Plan, prior to Final Planned Development approval. 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. ➢ The City Attorney previously reviewed correspondence from both the property owner and BCBSM, the easement documents that benefit/encumber the subject property and City staff's analysis of available parking versus existing and proposed development. ➢ To implement this resolution of the issue, the property would need to be subdivided, and MSP proposes to do that in the coming months while the building is under /o® construction so that the subdivision is completed prior to issuance of the Certificate of Occupancy. ➢ If the applications are approved within the framework of the proposed resolution, it would be appropriate to include the following additional conditions of approval: o Prior to issuance of the certificate of occupancy, the applicant shall complete a subdivision and platting of the property consistent with the Site Plan received April 29, 2008. o The parking lot shall be reconstructed and an additional row of parking shall be added on the north side of the parking lot adjacent to the pond to total 126 on-site parking stalls. o The trail shall reconstructed north of the parking lot and extend to the new easterly site boundary. o The applicant shall remove the existing parking lot and lighting from the easterly parcel to be conveyed to BCBSM and restore the area with seed. o Any increase in impervious surface from the existing conditions on the newly created westerly lot shall provide for water quality measures in accordance with the Water Quality Management Plan for volume reduction, phosphorus and sediment removal. Plans for how this is to be accomplished shall be submitted for review and approval by City staffprior to Final PD approval. o Revise and resubmit all development plans to reflect the modified Site Plan prior to Final PD approval. ➢ It would be appropriate for the Council to continue the Final PD until the above items can be brought into conformance and incorporated into a Final PD Agreement, after which the Final PD will be placed on a consent agenda for Council action. 60-DAY AGENCY ACTION DEADLINE: Extended to July 3, 2008 ATTACHMENTS 9): Location Map, page Q Letter from MSP and revised Site Plan dated A ri129, 2008 pages through 105 City Attorney Memo dated April 11, 2008, pages, through Correspondence from Property Owner dated April 7, 008, pages through CL Correspondence from BCBSM dated March 27, 2008, pages through March 25, 2008, APC minutes, pages through Planning Report, pages n through Final Plat, page t Correspondence from BCBSM dated March 24, 2008, pages( throughILk- -4- col Eagan Boundary Right-of-way Location Map 0 Parcel Area Park Area Building Footprint ou.Aar o LLJL Lu a. t n a CtY 0 o ; Dry1.~Ao 71- LJ p AQ pC " 00 0* x 1 u J MD1[MWDDD IMWY 6 EIF v _ auueeDA O ,g• _ 1 o DDIiYI ° a a Subject Site COUNTY ROAD NOSE (YANKEE DOODLE ROAD) TOWn CCNTE[DE ~r I nt Q O - n ~G EIEC ❑C L 5E9 009 ' coooo~ O . U p P o 0 D 9 d f~~ DO © n"D JAY WAY it 0 0 L © a 0 DoShr ~ C]~ ~ _ 4© Q o~oKw°oo,N.r L~ ,~o ~ F1 Jilu q D 8 8 - o Q~48 0!2~ oF= a~~a~oa a C DUCItYA10D DNYl = DUCEWODDDn . v ~ tip fl CIII4Ia1D0C 4N6 • O ©d D © D a 9 4 y a R b u ° 4 © ~9 I.LLCCe WAY 1000 0 1000 2000 Feet Development/Developer: Eagan Place 3rd Application: Planned Development Amendment Case No.: 15-PA-02-02-08 N City of Eapn THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. 401 N. ROBERT STREET, SUITE 225 - ST. PAUL, MN 55101 PHONE (651) 287-8888 FACSIMILE (651) 287-8889 April 29, 2008 Pam Dudziak Planner City Hall 3830 Pilot Knob Road Eagan, MN 55122 RE: MSP/ Eagan Place Professional Building Revised Site Plan Dear Ms. Dudziak: As you are aware, MSP Development Company, LLC ("MSP"; applicant) and Blue Cross and Blue Shield of Minnesota ("BCBSM") are subject to an existing easement agreement, which, among other things, grants rights for both parties to park in the parking field area as shown in our originally submitted site plan. Both parties have been working on a private resolution to this matter which addressed parking counts, improvements in the easement area and other issues of mutual interest. MSP and BCBSM jointly agreed that MSP would pull its application from the April 19th City Council meeting in order to give us time to come to an agreement privately. We are happy to say that the parties have reached an agreement that works, and in many ways improves both parties' property values and removes absolute and unwanted encumbrances from our properties. The agreement will terminate the easement agreement entirely from both properties and will require MSP to deed a portion of land over to BCBSM. The attached revised site plan is a better balance for all parties involved, including the City of Eagan. The original site plan, which was approved by the Planning Commission, showed 150 parking stalls on our property, all of which were subject to non exclusive parking rights (as explained in the staff report). The revised plan shows 126 parking stalls on our property, now for exclusive use, achieved by the reconfiguration of our parking field and reassignment of current parking area back to green space. The green space will be deeded over to BCBSM as part of the settlement to terminate the easement agreement. Our easement area to the north, the 53 parking stalls on the Best Buy site which are in excess of their required parking count, will continue to be counted as a part of our total parking count under the PUD which gives us a total of 179 stalls. The 179 parking stalls gives us a ratio of 6 stalls per 1,000 square feet of rentable space ("rsf") in our building (i.e. The building is approximately 30,000 rsf and with 179 stalls it will have a 6/1,000 rsf parking ratio). This parking count will provide for the highest parking ratio in MSP's medical building portfolio, including the 16 buildings in the Twin Cities market. We are very comfortable with this parking ratio. W W W.MSPCOMMERCIAL.NET 16-3 REAL ESTATE DEVELOPMENT - PROPERTY MANAGEMENT 401 N. ROBERT STREET, SUITE 225 ° ST. PAUL, MN 55101 PHONE (651) 287-8888 - FACSIMILE (651) 287-8889 In 2000, MSP developed 1187 Town Center Drive in Eagan, known as Town Centre Professional Building. The building is 44,000 rsf and is currently 100% occupied with various medical tenants. Over the course of the last week we have conducted a parking study for that building in which we counted occupied stalls at varying times of the day, different days of the week. We found that at peak parking times (10:00am and 2:00 pm) the average parking ratio was 3.78/1,000 rsf. The highest parking count recorded was 4.29/1,000 rsf but on average the building used less parking. As you can conclude, our proposed parking count of 6/1,000 rsf is more than enough parking to satisfy our parking needs even if our building fills entirely with medical tenants. MSP and BCBSM are proposing that the land be deeded over to BCBSM prior to issuance of the Certificate of Occupancy which will give us the time needed to make the improvements to the area and solidify the lot split with the County and City. MSP and BCBSM will have a private agreement in place prior to construction which firms up the sequencing of the improvements, land to be deeded and termination of the private easement agreement. We hope that the City will agree with us that this mutual resolution will relieve everyone involved of a situation that was not well conceived. Our goal is to start construction later this spring which will provide for a HealthEast clinic opening of late fall, early winter. Sincerely, Alex Young Vice President WWW.MSPCOMMERCIAL.NET l Uq REAL ESTATE DEVELOPMENT - PROPERTY MANAGEMENT / p G oo m 9n ~ N i5 YI ~ i ~ R ➢ ~ Ke:ix D - F < 1\\ \ o S -n m / I' !a Al fli aZS, s o~a ~ ~ ~L aba:m `4Fa 3 Off; WH Ea 5 $ AO~ aka $ <r, m=AO sx~ 0 5 0' g Asa a 6 ~ L~1L ~ 6dA1 G / 1 el / m n I .w l i s m p g Y 1 x m I :P m cZi a _ z n BI I g=o 1 I ss--z I i I1 I Rya - - I ! II gq I ~ I I ` 9 ~ I ca I m ~ .I I H - ----------1 m m m oA ~.m~D zo N~ I mDa Q lV C'1~ ' MP Z ~ ...I - - - - - J j X X o PROhCiNO. rCUNI-iWIDIROR SU REV. DAU0 DESCRIPTION CONTOUR... EAGAN PLACE PROFESSIONAL BUILDING REFOR REaoerrvnS PREPREPAREDARED RvME MEOR Oa UNDER MV DIRSCr RVEY BYL i mnaoe PRE~nnrwarawesusy+ma. FOR SUPERVISION AND THAT I AM A DULY XSNSEO OEBIGNEDBY: p OS'05~8 CRY COFA1EMSN1 08-002 MSP COMMERCIAL sn7 oFlMMi,,tFSOTA ER UrIDERTHE Uws of THE DRAnw eY: N c CFFDar: IRK cAO mE cz7 sRE Pw 675 TOWER DRIVE: MEDINA, MN 55340 sIDNATURE: F]~ SII-A ,~p~yB 1FL (I63H]30394 FAZ H6)H]8-0395 S oa REC. NC.wsiz Enulu:auaesgrw,m~,zmanre.~rel SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. TO: Tom Hedges, City Administrator FROM: Michael G. Dougherty, City Attorney DATE: April 11, 2008 RE: Proposed Planned Development Amendment - MSP Commercial Our File No. 0206-27534 Eagan Place Partners II owns Lots 2 and 3, Eagan Place 2nd Addition (the "Property"). The easterly portion of the Property is subject to an easement for parking that runs in favor of the land owned by Blue Cross Blue Shield of Minnesota. Eagan Place Partners II has entered into an agreement with MSP Commercial for the development of the Property. MSP Commercial has submitted an application for a planned development amendment to allow a two-story medical/professional office building on the Property. The proposal reflects 54 stalls lying north of the building.I To the east of the proposed building are 150 stalls, nearly all of which are subject to a cross easement agreement with Blue Cross Blue, which owns land immediately adjacent to the east of Property. City staffs analysis of the parking for the MSP proposal is that in light of its size and potential uses, the parking required ranges from 175 stalls (if the use is totally general office) to 219 (if the property is totally medical offices). Essentially, all of the parking stalls lying east of the proposed building are required to satisfy the parking required for the proposed building. Blue Cross has expressed concern over the approval of the MSP proposal if approval of the proposal results in the loss of any development opportunity on the land owned by Blue Cross. Blue Cross is concerned that if the 150 stalls are totally identified for use by the MSP proposal, will Blue Cross lose the right to identify the same 150 parking stalls toward development of its property. 1 This is an area that is subject to a cross parking agreement with Best Buy. These stalls were in excess of the parking stalls needed to support the construction of the Best Buy. Blue Cross does not have any development plans for its site so a determination cannot be made of future parking needs. Presently, the City has approved a preliminary planned development (See Exhibit "A for the Property that permits a 7,000 square foot retail building on the cross-parking area, which eliminates approximately 40 parking stalls immediately adjacent to the Blue Cross property. The approved preliminary planned development identifies 113 parking stalls in the cross-easement area of which approximately 70 are required to satisfy the parking needs for the retail building. I have had an opportunity to review communication from both from Blue Cross and Eagan Place Partners II and offer the following: Eagan Place Partners and Blue Cross have a contractual right to the use and enjoyment of the cross-parking area. However, their agreement does not bind the City nor create any liability on the part of the City. The City is charged with making a rationally-based decision, and though a decision may be influenced by the consideration of the agreement, it is not predetermined by its existence. OPTIONS In light of the existing circumstances, the Council has the following options: 1. Council may approve the proposal as is. Approval of the MSP proposal would recognize MSP's right to use the parking but not in and of itself eliminate Blue Cross' ability to use the parking. However, a future council may be faced with a request from Blue Cross to develop its property with consideration of full use and access to the 150 parking stalls. Should a council in the future approve such a proposal, a significant shortage of parking may result between the two properties. However, if such problem does not spill into city streets or neighboring properties, the parking shortage will remain a private issue. 2. The Council may choose to limit the use of the MSP building. By limiting or reducing the amount of medical office that may be placed in the building, the Council will reduce the competing demand for the 150 parking stalls. Future development of the Blue Cross site may still result in an overall shortage of available parking. 3. The Council may recognize that only a percentage of the 150 stalls is available to MSP to meet its parking requirements. Due to the fact that multiple parties control the parking, the Council may reasonably limit the amount or percentage of the parking spaces that may be calculated in meeting the requirements for a building on the Property or on Blue Cross' property. In limiting the amount of parking that is available, MSP may need to reduce the size of its building. By private contract, the property owners have placed a significant restriction on either party's independent use of the parking area. While such recognition by the Council may reduce the size of a building placed on either property, there is a public interest in reducing the potential for street parking or parking on neighboring properties. 10- 1300 Washington Square SIEGEL BRILL 100 Washington Avenue South ~a T~ T Minneapolis, Minnesota 55401 GREUPNER DUESy7 I T (612) 337-6100 F (612) 339-6591 q siegelbrill.com & FOSTER P.A. ANTHONY J. GLEEKEL tonygleekel@siegelbrill.com April 7, 2008 Honorable Mayor Mike Maguire and VIA FACSIMILE - 651-675-5012 Members of the City Council AND HAND DELIVERY Thomas L. Hedges, City Administrator thedges@cityofeagan.com Michael Ridley, Senior Planner mridley@cityofeagan.com City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Ladies and Gentlemen: Re: Applicant: MSP Commercial ("Applicant") Request: Planned Development Amendment and Final Planned Development Property: Lots 2 and 3, Block 1 Case No. 15-PA-02-02-08 I represent Eagan Place Partners II, LLC ("Owner") the owner of the Property. This firm also represented the Owner with the purchase of the underlying property from Mann Theatres and Red Robin, which comprises the Planned Development as approved by the City. It is my understanding that: (i) MSP Commercial ("Applicant"), the proposed purchaser of the Property requested and received support from Planning Staff and approval from the Planning Commission for a Planned Unit Development Amendment, Final Plan Development and Plat approval ("Application" or "Project"); and (ii) Blue Cross Blue Shield of Minnesota ("BCBSM") delivered letters dated March 24 and March 27, 2008 to the City, challenging the Application and appealing (pursuant to Section 2.06 of the Eagan City Codes) ("Code") the Planning Commission's approval of the Application. The purpose of this letter is to assert the Owner's position regarding BCBSM's allegations, and respectfully request that the City Council follow the Planning Commissioner's recommendation and approve the Application. BCBSM's generally argues that the parking easement contained in that certain Supplementary Parking Easement Agreement dated December 30, 1993, by and between Mann Theatres, Inc. and Eagan Heights Commercial Park ("Easement") prevents the City from approving the Application, because allowing the Applicant to count parking stalls on the portion of the Property encumbered by the Easement ("Parking Area") violates BCBSM's private property rights. BCBSM is merely demanding that the City interpret the Easement to the benefit of /o ZS Page 2 BCBSM, a private agreement negotiated fifteen (15) years ago when the Mann Theatre was built. Mann purchased the Parking Area from BCBSM's predecessor in interest, for parking purposes. Mann did not purchase an easement, but instead purchased fee interest in the Parking Area. On March 25, 2008, the Planning Commission unanimously approved the Application. At the public hearing in front of the Planning Commission, BCBSM presented its argument and the Commission unanimously approved the Application in spite of BCBSM's argument. It is my understanding that the Planning Commissioners concluded, along with the preliminary opinion of the City Attorney, that any easement rights arising out of the Easement and the impact of approval of the Application on said rights was a private issue between the beneficiaries of the Easement and that nothing in the Code prohibited the City from approving the Application. Because BCBSM appealed the Planning Commission's decision, the City Council continued the final decision on the Application until April 15, 2008. The Planning Report dated March 20, 2008, as well as the Planning Commission's unanimous approval of the Application accurately identifies any and all issues the Application raises, including application of requisite parking requirements in the Code and the current Planned Development. The Planning Commission approved the Application with the understanding that there are ample parking stalls to support the Applicant's Project. The fact that parking within the Planned Development is subject to easement rights was clearly identified, but is not a reason to deny the Application, nor did the Easement present a concern with respect to the construction and operation of the improvements on the Property, all in spite of BCBSM's argument that the Easement should require the City to count stalls (an unidentified number) as primary parking for potential BCBSM development on BCBSM's property. BCBSM argues and demands that the Easement grants rights "akin to fee title ownership" (citing Section 6 therein), and that the Planning Commission's approval of the Application "materially interferes with BCBSM's property interests" because the approval equates to an unfair allocation of stalls within the Parking Area. BCBSM's mischaracterization of the Easement is unfortunate. Please recall that BCBSM appeared, but did not object to the Council's approval of the Owner's Planned Development in 2005. The current Planned Development, identified two building on the Property (including one on the Parking Area), and codified the use of various easement signs to count requisite parking stalls. Now BCBSM objects, even though the Applicant's Project identifies parking on the Parking Area. Understand that no plans have been presented to the City for the development of the BCBSM property. Accordingly, the location or need for parking to support a hypothetical development is an unknown. Adopting BCBSM's argument to arbitrarily allocate parking stalls for primary parking will prohibit or unduly limit the Applicant's Project and the development of the Property. While the interpretation or the Easement is a private matter, the City should be aware of the following with respect to the Easement: 1. The Owner's predecessor (Mann Theatres) purchased the property subject to the Easement from BCBSM's predecessor in interest, for purposes of allocating parking 10~ Page 3 stalls to the original theatre development. Mann did not take an easement, but purchased the Property. An easement for parking was retained by BCBSM's predecessor, but the easement was for "use" of the Parking Area. The Project will not prevent said use. 2. BCBSM's predecessor was merely given a right to park in the Parking Area as defined in the Easement. There was no allocation of parking stalls to BCBSM's - - predecessor for primary parking stalls or any other allocation. 3. Each party to the Easement has the right to use the parking within the Parking Area, and the approval of the Application by the City does not impact that right. 4. Pursuant to Section 4 of the Easement, BCBSM is prohibited from operating certain uses (e.g., restaurant, bowling alley, movie theater, video sales or rental, health club...) on BCBSM's property, whereas the owner of the Property has no limitation on the use of the Property. 5. BCBSM's cites Section 6 of the Easement as providing rights "akin to fee interest" is misplaced. While BCBSM does have the right to make certain changes to the Parking Area, there are several conditions and limitations on those rights. While I understand that the City is not concerned with the parties' interest in a private agreement, including the Easement, it is important to understand that the Easement does not support BCBSM's claims with respect to allocation of parking stalls or the loss of a property right. BCBSM's request for denial of the Application is without basis in the Code, and ignores the Planned Development. There is no application or plans in front of the City identifying any proposed improvements to BCBSM's property, and therefore, no one can assess the number, if any, of parking stalls required for any "approvals" for improvements to the BCBSM property. The Applicant will allow the use of the stalls on the Parking Area, but to ask the City to arbitrarily allocate the stalls is unreasonable and unnecessary. Furthermore, the number of stalls needed for the Applicants Project is unknown until the final mix-use (office/medical) is known. Accordingly, BCBSM's concern is premature, as there is no knowledge of what parking will be required, if any, for improvements on the BCBSM property, none of which are planned at this point in time. As the City Council analyzes the Application, please recall that the City adopted the underlying zoning allowing the Planned Development to proceed, including Best Buy and anticipated office and retail use within the Planned Development. Allowing an adjacent third party to wield a private agreement to delay, eliminate or reduce improvement of the Property subject to the Planned Development, sets an enormously bad precedent, as it inserts a third party into the City's application and interpretation of the Code. The Owner and Applicant have communicated on various occasions with BCBSM. BCBSM ignored requests from the Owner since the Owner closed on the Property in 2005, and BCBSM's //o Page 4 latest correspondence (dated April 1, 2008) threatened litigation against the Applicant. The Owner will use reasonable efforts to again reach out to BCBSM. I greatly appreciate the City Council's review of this matter and respectfully request that the City Council adopt the Planning Commission's recommendation (unanimously approving the Application) and approve the Application. If you have any questions, please feel free to contact Mr. Alex Young of the Applicant, Mr. Jay Scott of the Owner, or me. I look forward to receiving and responding to the City Attorney's opinion and seeing you on April 15th. Very truly yours, L.. Anthony J. G eekel AJG/lr Cc: Jay Scott (JayScott@solomonregroup.com) Alex Young (ayoung@mspcommercial.net) Michael G. Dougherty, Esq. (DoughertyM@SeversonSheldon.com) Robert B. Bauer, Esq. (BauerR@SeversonSheldon.com) James Christoffel, Esq. Ochristoffel@christoffellaw.com) BlueCross B1ueShield BluePlus ® of Minnesota 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 Eaa:a Minnesota 55122 C. 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 ("BCBSM") requests an appeal and full hearing on the decision of the Advisory Planning Commission ("Commission") to approve the development proposed by MSP Commercial of Eagan Place Professional Building on Lot 1, Block 1, TOWN CENTRE 100 TWELFTH ADDITION, Dakota County, Minnesota ("Lot V), which decision was made at the Commission's March 25, 2008 meeting. The Commission's decision substantially and materially interferes with BCBSM's property interests in land that is adjacent to Lot 1. In effect, the decision may constitute a taking of BCBSM's property interests. In a letter to the Commission dated March 24, 2008, BCBSM identified its property interests that would be adversely affected by the approval of the proposed development. In the letter, BCBSM explained that it owned property adjacent to Lot 1, which 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 casement 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 was recorded on February 2, 1994, as Document No. 1190785. As was provided to the Commission, I am enclosing a copy of the Easement Agreement for your reference. Prior to executing the Easement Agreement, EHCP owned both Lot 1 and Outlot 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. The parking easement rights are appurtenant to Outlot A. 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. RECEIVED MAR 2 7 2008 Mayor Mike Maguire Eagan City Administrator Thomas L. Hedges March 27, 2008 Page 2 Subsequently, BCBSM purchased Outlot A, together with the easement rights under the Easement Agreement, from EHCP. (See attached copy of the Warranty Deed from EHCP to BCBSM.) The Easement Agreement grants rights to BCBSM that are akin to fee title ownership rights; to wit, Section 6 of the Easement Agreement permits BCBSM, "in connection with the commercial development of [Outlot A] 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. (Easement Agreement, Section 6, p. 2.) MSP Commercial applied for a planned development amendment and a final planned development to allow for the development of a medical office building on Lot 1. One issue raised by the proposed 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. Eagan City Code, Section 11.70, subd. 5 states that the minimum parking spaces required for developments "shall be provided and maintained by ownership, easement 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. As stated in the Commission's Planning Report dated March 20, 2008 ("Planning Report"), the requested development requires between 175 - 219 parking spaces. (Planning Report, p. 4.) To meet the parking space requirements, the Planning Report states that the developer's proposed Site Plan utilizes the existing parking lot layout [which] 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." (Planning Report, p. 4.) Acknowledging the shortfall in required parking, the Planning Commission noted that the proposed development might have easement rights to parking "over the southern part of Lot 1 (Best Buy)" and that "[t]his easement area would make available an additional 56 parking stalls." (Planning Report, p. 4.) However, the Planning Report concedes that "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." (Planning Report, p. 4.) The parking lot referenced in the Site Plan is the same as the Parking Area in the Easement Agreement. Notably, the Planning Report states, "based on the ALTA survey provided by the applicant, this entire parking lot appears to be encumbered by an easement that benefits Blue Cross Blue Sheild, [sic] which owns adjacent property to the northeast." (Planning Report, p. 4) (emphasis added.) In the Summary/Conclusion, the Planning Report again states Cl3 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 adiacent 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 Commission voted to approve the planned 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 parkip_g 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, Roger W. Kleppe Senior Vice President, Human Resources and Facilities Services BCBSM, Inc. dba Blue Cross and Blue Shield of Minnesota Enclosures 1 l~} 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. 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 2nd 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. I1~ PLANNING REPORT CITY OF EAGAN REPORT DATE: March 20, 2005 CASE: 15-PA-02-02-08 APPLICANT: MSP Commercial HEARING DATE: March 25, 2008 PROPERTY OWNER: Eagan Place Partners II, LLC 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"' Addition located in the NE of Section 15. AUTHORITY FOR REVIEW PD Amendment: Chapter 11, Section 11.50, Subdivision 5 states, in part, I . The provisions of this chapter may be amended by the majority vote of the cocrncil, 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. 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 l l~l Planning Report - Eagan Place Yd 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 are private easements for parking and ingress-egress and shared parking that cover portions of the subject site, The Preliminary PD for these two 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 3.39 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 Surround the subject property: Existing Use Zoning Land Use Designation North Retail - Best Buy PD, Planned Development SA, Special Area East Office PD, Planned Development SA, Special Area South Residential PD, Planned Development SA, S pecial 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.. ft. on each of two lots. The proposed medical office building is 32,800 sq. ft. in area. The proposed PD Arnenchnent 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 from 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 .l 1 ~ Planning Report - Eagan Place P 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 ComLatibility - 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 r,eplat 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 permitted ender 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 the proposed 32,800 sq. ft.). The parking lot remains as existing. The Conforming 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' from side lot lines and 20' from and rear lot lines. Parking/pavement setbacks of 20' from the 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 ineasures 17' from the lot line, only 2' from the easement, at the southeast corner'. On the southwest corner, the 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.. The Conforming Site Plan submitted by the applicant shows the building setback 30' from the easement edge, placing the southeast corner 46' from the lot line. The 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. fl Planning Report - Eagan Place 3 d 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 upper 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 an easement that benefits Blue Cross Blue Sheild, which owns adjacent property to the northeast. It appears that a parking easement benefiting the subject site (Lots 2 and 3) over the southern part of Lot 1 (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 airrount 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 - Building Coverage - The building footprint is 16,400 sq. ft. which is 111% of the 3.39 acre site. This is well below the typical coverage limits for commercial development, which range from 20% to 35`%, Green Spcice/Impervious coverage - With redevelopment of this site, approximately 3,800 sq, fl=. 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 Elevcrtionyl,4 ehitecture - 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. Planning Report - Eagan Place P March 25, 2008 Page 5 For commercial developments, the ordinance requires at least three Class 1 materials and not more than 10% accent materials. The proposed building appears to satisfy both architectural standards. The finish materials are 981/0 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, Building 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 E uininent - 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 frilly 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. Sis,mage - 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 overall sign height to 7', with a sign face not exceeding 4' in height. The proposed sign face is a smooth manufactured stone, with si.rrface-morlnted 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 (thiee signs) of the building. This signage is proposed for tenant riarnes. Building signs are proposed to be located within a sigh band at the top of the building. The area of proposed signage appears consistent 1a Planning Report - Eagan Place 3 d March 25, 2008 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 ofeonstruction. Landscaping - Tile 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'pereruiials and annuals. The electrical transformer 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 ail opaque landscaping screen of the mechanical equipment as required by City ordinance. Site Lighting -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 comer 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 2.2 footcandles. The adjacent property is vacant and contains a driveway from Town Centre Drive to the office building northeast of the subject site. GradinJTopography- 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. Storm Drainage - The proposed land use change will utilize the existing stone 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 plain of sufficient size, depth, and capacity are available from Town Centre Drive for connection by this development. v`D_~ Planning Report- Eagan Place 3.a Marcli 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 ofYarikee 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 - Witln redevelopment of'tlnis 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 rip to 30% removal of existing significant trees. Relocated trees can be counted as preserved. As required 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. Ia3 Planning Report - Eagan Place 3'd March 25, 2008 Page 8 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 339 acres, legally described as Lots 2 and 3, Eagan Place 2" d Addition located in the NE V, 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 pern'rit. 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, Planning Report - Eagan Place 3`d March 25, 2008 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 monurnent 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:. 1 as- Eagan Boundary Map Right-of-way Location ~ Parcel Area Park Area Building Footprint a IYf -J ~r t LLJ - ~ m >D II p~J C < J 1 3 w, L Do - 4 ~-1 t E) a Subject Site ED Subject Site I COUNTY 140" Noaa (YANKEE DOODLE 00") n=- ( Q 11 (0 o C\~ Q R r,-w o a~ ao noe on 00 oon ON ~e3~- cameo e~ y (j o +o a ~ Q ~o atl ~ e4 ~R ad Cu ~ ~ ' E10 Q - a~c.wwc u~ ~ 6 ~ 1=~D b . d r © n a k 51 a Q~~~ Q o Q ot5 a i0 = p°l as lf~ u° ouc.noooaavr X ovew.oao on s a:. _ i v it 4 G3 D=5 113 n G 7 . [altT.~.0t 1N4 C Q F O Q Q 6 Q D nG~ ~ ti 5 O 0 t1 q g ~ 9 P pQ p4? d 00 D . R~ ~..y - Ca D D 1000 0 1000 2000 Feel Development/Developer: Eagan Place 3rd Application: Planned Development Amendment Case No.: 15-PA-02-02-08 N ypt-npp City of l apn THIS MAP IS INTENDED FOR REFERENCE USE ONLY W The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are 5 Community Dovolopmunt Department not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Land Use Map Eagan Place 3rd Planned Development Amendment 15-PA-02-02-08 Zoning Map PO A PD c' ?~y PD 3 PD LB F Current Zoning: CDUnrYno"t1b JYAnnEEDOODLE nDAD) Location pn PD D Le Planned Development n CSC PD PD PD P CSC pD PD H. 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FOR GRfINGxrNO pU)I/NAtr.4TILLLe?J„y®h. .I.. C2A I~IIlnoMPSA'(!i~vC. R,4............ & 08-0D2mvuercrmruoun~umcrne r amp ov.*iT~l N MSPCOA{A{ERCIAL xremoro.ruu ounrar Y' Engineering / 1 615TDV7cR Lt~70.rW~Si3W N CONFORMING ASITE PLAN PER N ST RD xounxr~_` es s u. TH:CBYOFEAGANS7A14D NRARU5 n+r£: atsv ulo..ntr ntu.:~as9Cmn.,q..w+vnt i-nmrnpr mo- CITE= Of AKI 'Q 155 f i ° February 20, 2008 Julie Strid Planning Aid City Hall N o - 3830 Pilot Knob Road ~,3 Eagan, MN 55122 _ o RE: MSP/ Eagan Place Professional Building aC, PID #'s 10.22464-020-01, 10-22464030-01 Dear Ms. Strid: N T 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 Fa Eagan to consider approvals of a final plat, planned development amendment and final A cm planned development for our proposed medical/professional building. ;0 1 01 MSP Metro Development Company, LLC ("MSP Commercial") has developed many 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 last summer in Roseville. The building was very well received by the community both for its high qualify 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 the 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. j( ~ EiVED FEB 2 9 200[l 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. Sincerreeilly, Z~ Alex Young Vice President REECEIVED FEB ? 0 2001 1 1 207 ~ h.L H~+ :G~.. :.3.~ ~ ~ , ~4 j. ~ t x~; - t S r { ~ _ I . Q. ~3 '-1 ;ry_ _ ~ - 1 X ux e ~ rrx„~ • t . r r A ter': i{` 4 Y r~ 5 5 SZ~ 4 r - r "i'~._Li. 1 ~ v 4~ i~ 1 { t ter. ~ ~ as r ~ _ lY.. yyy - 3 , rr- _ _ _ ~ sd }r,~;. ~I .h vas, _ _ yo- ~ t d. ~7'F Y ' t ~ r - 3 - - - - ~ y~ { t -~T III 4 y t. t,T 0. 4 'r L ~ I~' ~k ,`3 .s,~c' ?:7,- b F a~ ti,".~' 1 t.._ y.. -171, 77 x~'g ` a ~ ' 4 ~rrT" ~ ;1, rb• tr ~ ~ -v .s,-'~ k W Z z - Oo I- ? W g o z z H I I ggg 0 z OU S s~FS -=s ~geg6 0^„ r=-Z • e I ~ I _ I I I I I e~.r I I I ,p `oO - - 99 •e. I Pub I ♦cssr ; , OD'S6! 3.60,tPA0S I Q~ Z I 3.60.2 • I _ 00CS- I I Q: LLI t: t! E r I 40, v i I y 016 I % a rOff. i. \?or 'ti''. I ~ h I r ( =~i I ~ I -J -00'96 I\ I - U.j U f' I„ V 1` r a O_ Q , h J goo I Li ~ S~~ I I' `Er I le I -l~_ eC91 ov@ 1 ~ 834 A y: -'M.6p.Zt.SYM I h z N ~ +Y I _ I " Q ~ w I I" I m I C I o I W r W e g II j~ j I roz- h r^2= i 99 i BI'SS! _AI.60,Z6AON ; .~^oN I ` I a ' ~ O _ I Y ~w 5 i 'If y / L+D B1ueCross B1ueShield B1uePlus ® 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 1"). 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 Out lot 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 Ill 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, easement 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 Agenda Information Memo May 6, 2008, Eagan City Council Meeting VII. NEW BUSINESS A. CONDITIONAL USE PERMITS AND VARIANCE (DIFFLEY 35) - EFH CO. ACTIONS TO BE CONSIDERED: To approve (Or direct Findings of Fact for Denial) a Conditional Use Permit to allow a loading dock within 300 feet of residential property located at 1646 Diffley Road legally described as Lot 4, Block 1, Diffley Plaza, located in the NW 1/4 of Section 28, subject to the conditions listed in the APC minutes. To approve (Or direct Findings of Fact for Denial) a Conditional Use Permit to allow a building greater than 25,000 square feet for property located at 1646 Diffley Road legally described as Lot 4, Block 1, Diffley Plaza, located in the NW 1/4 of Section 28, subject to the conditions listed in the APC minutes. To approve (Or direct Findings of Fact for Denial) a Variance to allow a change in hours of operation for property located at 1646 Diffley Road legally described as Lot 4, Block 1, Diffley Plaza, located in the NW 1/4 of Section 28, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ Lot 4, Block 1, Diffley Plaza was platted with 7 lots in 2003, and is one of four vacant lots remaining within this development. ➢ The parcel is surrounded by Neighborhood Business (NB) zoned property except to south which contains single-family residential uses. ➢ Access to the site is provided from Johnny Cake Ridge Road to east and Diffley Road to north via private drives. ➢ The building entrance is oriented to the west to make the most efficient use of the parking field and to permit the loading dock to be positioned as far from the residential use as it can be. This results in the functional back of the store facing the Johnny Cake entrance to the development. The Johnny Cake entrance will be used by all visitors to the site except for those approaching the site from the west, who can use the right in entrance from Diffley Road. As a consequence additional attention has been given to the architecture, finishes and landscaping of the property from the Johnny Cake entrance. ➢ Two neighbors spoke in favor of the proposal and the Landscape and Berm plans dated April 15, 2008. ➢ The Advisory Planning Commission held a Public Hearing on April 22, 2008 and is recommending approval of all three requests. CUP for Loading Dock within 300 feet of Residential Property ➢ The loading dock is located approximately 240 feet from the south property line. 4 ) ➢ The building itself, along with the berm and landscaping, appear to provide a buffer to light and sound associated with the loading dock operation. CUP for Building Greater than 25,000 Square Feet ➢ 32,500 total square feet consists of 30,750 square foot building footprint and 1,600 square feet on the mezzanine level. ➢ The increase in building size is allowed with a reduction in height and building coverage as well as an increase in green space. Bulk standards appear to be satisfied. VARIANCE to Hours of Operation ➢ Hours of operation for the proposed grocery store would be limited to 7:00 a.m. to 1:00 a.m. per the City Code. The applicant proposes hours of operation between 5:30 a.m. to 12:00 a.m. to be consistent with the coffee shop located within the grocery store. The coffee shop is exempt from the reduced hours due to the special use setback definition. ➢ The applicant's hardship appears to be market based to allow similar hours as other stores. ISSUES: ➢ The applicant stated they have not negotiated with the owner of Lot 3 to allow a sidewalk to be constructed on their property. Therefore, the Advisory Planning Commission recommended a modification in the condition that the easements be in place prior to issuance of the building Certificate of Occupancy. ➢ While the building as proposed meets the City's finish materials standards for commercial development, the Council will want to confirm whether the architectural details, finishes and landscaping at the back of the building are being proposed in a way that will present an appropriate appearance from the Johnny Cake entrance to the site. 120-DAY AGENCY ACTION DEADLINE: Deadline expires June 18, 2008 ATTACHMENTS (4): Location Map on page Draft April 22, 2008 APC minutes on pages I througb/~V Staff report on pages nthrough/ . Revised Landscape plan on page h4- Communications from the public on page 47-. Eagan Boundary Right-of-way Location Map Park Area Area k Area Buiiding Footprint Q ~ ~ ~ c...xo nun P p ~ ~ e •~v •.w.iv.r c ® ~ G'~ - rn.u ~ ~ ..o 00 - 6CS -o-o a P a - 9 - - - oes.wooo Dove re1Ni Q~ © 8 0- Q s a '4rrr O u ~ ~ Va a a 4€ p r© fl Q sera. o. O y oQ 4 = o ~ 3 P o p ~ ~ s Q ~n°wyruc.u•n ,-C . r 4~p 9~ o- G ~ ® Ca Poo a o ~ ~ ~ _ 4 i a© 0 0 0 ®0®~, Subject Site a 7 O ~ ~ r ~ t^F l~ "JLH. NO. 90 (DIFLEY ROAD) c.6..H. NO. DIF LEY ROAD) N r F3 93 ~ . a o P 4~ P © ca ad c eubrcr 4 t qq @ d d OC mm8 s~ ~°ti~r w Q Q4 l3 dd6~ P C7 a Off" d m,, M~ O Q OllQ Op ~ AP Q ~ ~ 0 0 ~ ooQ ~ _ ~ Q ❑ .r66~O o p' ~ ~ p~ 9 ~ ~~p p c nano ~ OQOD Q o Dan O dQ p- 6 ~ - o Nom.. 6 QO ~ ~~QO~pQQ t7 0 ~ E 4 i O rwvewir O 0 4 i ~9~ wOq~O Q~ . t3 D. k a n o F_ p~ 0 3 Clopp _ _ :n a Zu o Ci 6 q IL94 r~s xv xru r y~nr - _ 1000 0 1000 2000 Feet Development/Developer. Diffley 35/EFH Co. Application: Conditional Use Permit Case No.: 29-CU-05-02-08 N THIS MAP IS INTENDED FOR REFERENCE USE ONLY City of Eapn W+E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. IV. PUBLIC HEARINGS A. Diffley 35 Applicant Name: EFH Co. Location: 1646 Diffley Road; Lot 4, Block 1, Diffley Plaza Application: Conditional Use Permit A Conditional Use Permit to allow a loading dock with in 300' of a residential zoning district. File Number: 29-CU-05-02-08 Application: Conditional Use Permit A Conditional Use Permit to allow a building over 25,000 sq. ft. File Number: 29-CU-04-02-08 Application: Variance A Variance from the hours of operation within 200' of residential zoning district. File Number: 29-VA-01-02-08 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated April 14, 2008. She noted the background and history. Mike Whalen, EFH Co. discussed neighborhood meetings and concerns with the southern property line. He explained that EFH Co. responded to the concerns by adding additional landscaping to the southern property line. He discussed concern with Condition No. 2 of the Conditional Use Permit to allow a building greater than 25,000 square feet. Chair Hansen opened the public hearing. Mark Thompson, 4280 Gadwall Court, stated the proposal is thoughtfully designed and fits in with the neighborhood. He stated the applicant has been responsive to the needs of the residents. He stated the proposal is acceptable to the neighborhood. He stated that future development should be required to meet the model and precedence set by this development, and that the City should reject requests that do not meet these standards before the'application is considered by the Advisory Planning Commission. David Berg, 4287 Gadwall Court, requested verification that the berm shown will not be changed after the start of the development. He also requested that the size of the trees be increased. Mr. Whalen explained that the success rate for healthy deciduous trees decreases as the diameter of the tree planted is increased and that the slope of the berm also affects the size of the trees that can reasonably be planted. He stated that all evergreen trees to be planted will 10-12' in height. There being no further public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. Planner Thomas stated the proposed Landscaping . Plan exceeds the City's standard landscaping requirements for both quantity and size of plant material. Member Zoberi discussed the hours of operation. He inquired about delivery times. Mike Oase, Kowalski's Market explained that deliveries would primarily occur between 5:30 a.m. and 3:00 p.m. He stated deliveries will never arrive after 10:00 p.m., overnight, or before 5:30 a.m. In response to a question by Chair Hansen, City Planner Ridley discussed other Eagan grocery stores hours of operation. He stated the new Cub Foods on Diffley at Lexington was approved for 6:00 a.m. to midnight store hours; however, he did not believe there is a coffee shop proposed within that store. There was discussion on the dimensions of the screening wall for the loading dock. Member Chavez stated his belief that the proposed building and use fits the area very well. Member Keeley moved, Member Zoberi seconded a motion to recommend approval of a Conditional Use Permit to allow a loading dock within 300 feet of residential property for the property located at 1646 Diffley Road legally described as Lot 4, Block 1, Diffley Plaza, located in the NW'/4 of Section 28, subject to the following conditions: 1. This Conditional Use Permit shall be recorded at Dakota County within 90 days of approval by the City Council, and proof of recording submitted to the City." 2. The Landscape Plan shall incorporate the approved April 2003 Berm Landscaping Plan and properly screen parking lot area and loading dock areas per City ordinance requirements. 3. Landscaping shall be provided, installed and maintained in accordance with the Landscape Plan dated April 15, 2008. (revised plan) A vote was taken. All voted in favor. Motion carried: 7-0. Member Keeley moved, Member Heaney seconded a motion to recommend approval of a Conditional Use Permit to allow a building greater than 25,000 square feet for the property located at 1646 Diff ley Road legally described as Lot 4, Block 1, Diffley Plaza, located in the NW '/4 of Section 28, subject to the following conditions as amended: 1. This Conditional Use Permit shall be recorded at Dakota County within 90 days of approval by the City Council, and proof of recording submitted to the City. 2. Private easements allowing for the sidewalk connection across Lot 3, Block 1, Diffley Plaza should be provided, in a form acceptable to the City Attorney, prior to issuance of a Certificate of Occupancy. 3. The applicant shall revise the Site Plan to provide building coverage and zoning information. 4. Building coverage shall not exceed 15% of lot coverage. 5. The applicant shall provide a revised Elevation Plan that identifies building material percentages and all facades treated equally as a front and those facades exceeding 40 feet having multiple planes. 6. The rooftop mechanical equipment must meet screening requirements per City Code. 7. The applicant should modify the Elevation Plan to incorporate a durable gate for the trash enclosure with at least 90% opacity per City Code requirements. 8. The applicant shall provide a Lighting Plan with a maximum pole height of 15 feet, 18 feet with the base. 9. The applicant shall provide evidence of the internal access easements, in a form acceptable to the City Attorney. IL7 A vote was taken. All voted in favor. Motion carried: 7-0. Member Keeley moved, Member Zoberi seconded a motion to recommend approval of a Variance to the hours of operation adjacent to residential property to allow 5:30 a.m. to 12;00 a.m. hours for the property located at 1646 Diffley Road legally described as Lot 4, Block 1, Diffley Plaza, located in the NW'/4 of Section 28, subject to the following conditions: 1. If within one year after approval, the variance shall not have been completed 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 at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. A building permit must be obtained prior to construction. A vote was taken. All voted in favor. Motion carried: 7-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: April 14, 2008 CASE: 29-CU-04-02-08 APPLICANT: EFH Co. HEARING DATE: April 22, 2008 PROPERTY OWNER: Visions of Eagan LLC APPLICATION DATE: Feb. 20, 2008 REQUEST: Conditional Use Permits and PREPARED BY: Sarah Thomas Variance LOCATION: 1646 Diffley Road COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: NB, Neighborhood Business SUMMARY OF REQUEST EFH Co. is requesting approval of- • Conditional Use Permit to allow a loading dock within 300 feet of residential property; and • Conditional Use Permit to allow a building greater than 25,000 square feet; and • Variance to hours of operation adjacent to residential property. The above requests pertain to property located at 1646 Diffley Road legally described as Lot 4, Block 1, 91-Mey Plaza, located in the NW 1/a of Section 28. AUTHORITY FOR REVIEW Conditional Use Permit: City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. I/10 rl Planning Report - Diffley 35 April 22, 2008 Page 2 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 41), Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Variance: City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special conditions or circumstances do not result from actions of the applicant. d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. Planning Report - Diffley 35 April 22, 2008 Page 3 e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. BACKGROUND/HISTORY The Diffley Plaza property was platted in 2003 with the creation of seven lots. Lot 1 contains a CVS Pharmacy, Lot 6 contains the Holiday convenience gas station and car wash, and Lot 7 contains the Oak Trust Credit Union. The remaining four lots (Lots 2, 3, 4 and 5) are vacant. A condition of the 2003 Final Subdivision approval required the owners to provide a conceptual berm landscape plan for the south properties that includes Lot 4, the subject property. A Preliminary Subdivision of Lot 3 to create three lots as well as a Conditional Use Permit for a bank drive through was approved in May 2007 and recorded against the property. A Final Subdivision has not yet been received and the bank/drive through has not been built. Prior to 2003 the subject area was comprised of four parcels of land, three of which were unplatted. Outlot A of Mallard Park 4th Addition which overlays the eastern one third of the site was platted in September of 1995 as part of the adjacent single family residential subdivision. EXISTING CONDITIONS The subject site is a platted parcel that contains the on-site pond to treat all of the runoff from the Diffley Plaza development and a portion of the lot is vacant for development and is rough graded. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Convenience NB, Neighborhood RC, Retail Store/Bank Business Commercial South Single-family R-1, Residential LD, Low Density residential Single district (0-4 units/acre) East Vacant NB, Neighborhood RC, Retail Business Commercial West Vacant NB, Neighborhood RC, Retail Business Commercial Planning Report - Diffley 35 April 22, 2008 Page 4 EVALUATION OF REQUEST Compatibility with Surrounding Area - Neighborhood business districts are small business areas generally located adjacent to or in close proximity to residential neighborhoods that are intended to provide daily retail goods and services. The subject site is adjacent to single family residential uses on the south, and is bounded by neighborhood business uses on the north, west and east. Site Plan - The Site Plan identifies a 32,000 sq. ft., two-story building with 1,600 sq. ft. of office space located on the second floor. The building is located on the eastern portion of Lot 4, with the parking to the west. The building's main entrance faces west. The proposed building is larger than 25,000 square feet and therefore requires a Conditional Use Permit and more stringent height, building coverage and green space requirements. The requirements are met with the proposed plan. Also, the location of the loading dock is located within 300 feet from a residential district. City Policymakers shall determine if the loading area is proposed to be developed so as not to have a detrimental effect upon the adjoining residential area. Bulk Standards - Setbacks - The proposed setbacks are consistent with ordinance requirements. The required side yard setback is 10 feet and rear yard is 30 feet when adjacent to a residential use. The proposed building, adjacent to the private street, is proposed to be 20 feet from the private street on the north, 14 feet, 8 inches to the east, and 30 feet to the south. Minimum Parking setbacks are also met. Building Coverage - The proposed building coverage appears to be consistent with ordinance requirements, however the site plan lacks the detail information. NB zoning requires a maximum coverage of 15% for a building greater than 25,000 square feet. The site plan should be revised to list building coverage as well as zoning information. Building Height - The proposed building height is consistent with ordinance requirements of a 25 foot maximum for a building greater than 25,000 square feet. Green Space - The proposed 44% green space exceeds the minimum green space requirement of 35% of the lot for a building greater than 25,000 square feet. Building Elevations/Architecture - The proposed building architecture consists of face brick, and cast stone with a cast stone planter and black fabric awnings on the front facade. The elevations do not provide material percentages but appear to meet ordinance requirements of at least 65% of the building composed of Class I material and not more than 35% composed of Class 11 or III, and not less than 10% composed of Class IV materials. Planning Report - Diffley 35 April 22, 2008 Page 5 City Code requires all surfaces to be treated similarly as the front of the building and have an equally attractive or the same fascia. Further, facades exceeding 40 feet in width are required to have multiple planes, multiple sections of coordinating materials, or both, to add visual interest. The north, south and east elevations should be revised to meet these City Code requirements. The building elevations must be revised to include percentages and meet City Code requirements. Rooftop Equipment - The elevation plans do not indicate the rooftop units. All mechanical equipment shall meet City Code screening requirements. Trash Enclosure -The site plan indicates the trash enclosure will be attached to the principal building per code requirements with an eight foot chain link gate, located on the east side of the building. Within the NB zoning district, trash enclosures are required to be attached to the principal building constructed of materials to match the exterior of the principal structure, with gates or doors having at least 90 percent opacity. The applicant should modify the plan to incorporate a durable gate with at least 90% opacity. Parkin - The proposed parking exceeds City Code requirements of 137 parking stalls. Parking stalls are proposed to be 10 feet wide by 19 feet deep; two-way driving aisles are proposed to be 24 feet wide. All dimensions are consistent with City Code requirements. Site Lighting - City Code requires that on-site lighting be provided as is necessary for security, safety and traffic circulation. Illumination shall be indirect and diffused or shielded. Lighting shall not be directed upon public rights-of-way or adjacent properties and the source of light shall not be visible from off the property. The surrounding properties (gas station, bank and pharmacy) have varying light pole heights from 15 feet to 30 feet. While the applicant has not submitted a Photometric Plan, due to the proximity of the site to existing residential properties, light standards should be limited to a total maximum height of 18 feet, including the 3 foot base. Landscaping - The Landscape Plan appears to meet City Code requirements. Plantings along the interior private drive for screening purposes of the loading dock area include three Autumn Blaze Maples and 12 Gro-Low Fragrant Sumac shrubs. This is to assist with the screening as well as to allow visibility for trucks maneuvering within the area. Screening from the residential properties is from existing trees. Also, the original Final Subdivision approval included a Conceptual Berm Landscaping Plan to assist with residential screening. This plan received in April 2003, has been incorporated into the Landscape Plan for screening of the commercial development to the residential properties to the south. Planning Report - Diffley 35 April 22, 2008 Page 6 Si la e - The elevation plan identifies signage for both Kowalski's grocery store as well as Starbucks coffee. The building signage appears to meet City Code requirements. The property is allowed a freestanding sign up to seven feet in total height, with four - foot maximum height of the sign area. A pylon sign is allowed via a Conditional Use Permit in lieu of a free standing sign, must not be located within 300 feet of another pylon sign and limited to 27 feet in overall height and 125 square feet in area. Gradin - The preliminary grading plan is acceptable. Lot 4 was graded with previous development, is mostly open and generally slopes to the northwest. Storm Drainage/Water Quality - The preliminary storm drainage plan is acceptable. Private storm sewer will drain storm water runoff from the development to an existing public storm sewer and discharge to a water quality and volume control pond of sufficient size and capacity in the northwest corner of this lot. Utilities - The preliminary utility plan is acceptable. Sanitary sewer and water main services of sufficient size, depth and capacity are available within the existing private service for use by the proposed development of Lot 4. Streets/ Access/ Circulation - Access is available for this lot from an existing service drive within the development that intersects with Johnny Cake Ridge Road to the east (full access) and Diffley Road (County Road 30) to the north (right-in/ right-out only). A sidewalk connection from the store across Lot 3 to the existing sidewalk along Johnny Cake Ridge Road is proposed with this development. Private easements allowing for this sidewalk connection should be provided, in a form acceptable to the City Attorney. Given the low vehicle speeds on the private service drive and low volume of truck traffic using the loading area proposed in the northeast corner of the site, the configuration and location of the loading area, as shown on the site plan, appears acceptable. Financial Obli ag tion - At this time, there are no pending assessments on the parcel proposed for platting. Tree Preservation - There are no tree preservation issues associated with this development. Variance - The Zoning Ordinance states that relief may be granted from a required ordinance provision provided there are special conditions that apply to the subject land, the relief is not contrary to the Zoning Ordinance and Comprehensive Guide Plan, and it is necessary to alleviate a demonstrable hardship or difficulty. Planning Report - Diffley 35 April 22, 2008 Page 7 City Code requires hours of operation of any retail business to the period between 7:00 a.m. and 1:00 a.m. for those businesses adjacent to a residential use unless the use is entirely contained within a building or exceeds the distance of 200 linear feet from any point of the exterior wall of the building. The applicant proposes to deviate from the requirement to allow operation of the grocery store between 5:30 a.m. and 12:00 a.m. to be consistent with the hours of the retail grocery industry. This would allow the grocery store to be open the same hours as the coffee shop proposed to be located within the grocery store. The applicant has stated that the coffee shop exceeds the 200 foot special use setback and therefore is not subject to the limited hours of operation. The relief sought by the applicant does not appear to be contrary to the Comprehensive Guide Plan, but may be inconsistent with the intent of the Zoning Ordinance. That is, the purpose of the reduced hours of operation is to limit noise and light from having a detrimental effect upon surrounding residential properties. However, the topography of the site and the proposed site plans, including the landscape and berm plan, provide a buffer of the noise and light from adjacent property. APPLICANT'S ESTIMATE OF HARDSHIP The applicant's narrative states "Adjustment in the opening time will allow Kowalski's to compete with other grocery retailers in the Eagan market as well as adjacent 24 hour retailers". SUMMARY/CONCLUSION EFH Co. is requesting approval of two Conditional Use Permits, for a loading dock within 300 feet of residential property and a building greater than 25,000 square feet as well as a Variance to the hours of operation for property adjacent to residential property. The requests appear to be consistent with zoning and other City Code requirements. City policymakers shall determine if the loading area and hours of operation are designed so as not to have a detrimental effect upon the adjoining residential area. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to allow a loading dock within 300 feet of residential property for the property located at 1646 Diffley Road legally described as Lot 4, Block 1, Diffley Plaza, located in the NW %4 of Section 28. If approved, the following conditions should apply. 1. This Conditional Use Permit shall be recorded at Dakota County within 90 days of approval by the City Council, and proof of recording submitted to the City. 2. The Landscape Plan shall incorporate the approved April 2003 Berm Landscaping Plan and properly screen parking lot area and loading dock areas per City ordinance requirements. 3. Landscaping shall be provided, installed and maintained in accordance with the Landscape Plan dated March 20, 2008. Planning Report - Diffley 35 April 22, 2008 Page 8 To recommend approval of a Conditional Use Permit to allow a building greater than 25,000 square feet for the property located at 1646 Diffley Road legally described as Lot 4, Block 1, Diffley Plaza, located in the NW 1/4 of Section 28. If approved, the following conditions should apply. 1. This Conditional Use Permit shall be recorded at Dakota County within 90 days of approval by the City Council, and proof of recording submitted to the City. 2. Private easements allowing for the sidewalk connection across Lot 3, Block 1, Diffley Plaza should be provided, in a form acceptable to the City Attorney, prior to issuance of a building permit. 3. The applicant shall revise the Site Plan to provide building coverage and zoning information. 4. Building coverage shall not exceed 15% of lot coverage. 5. The applicant shall provide a revised Elevation Plan that identifies building material percentages and all facades treated equally as a front and those facades exceeding 40 feet having multiple planes. 6. The rooftop mechanical equipment must meet screening requirements per City Code. 7. The applicant should modify the Elevation Plan to incorporate a durable gate for the trash enclosure with at least 90% opacity per City Code requirements. 8. The applicant shall provide a Lighting Plan with a maximum pole height of 15 feet, 18 feet with the base. 9. The applicant shall provide evidence of the internal access easements, in a form acceptable to the City Attorney. To approve a Variance to the hours of operation adjacent to residential property to allow a 5:30 a.m. open for the property located at 1646 Diffley Road legally described as Lot 4, Block 1, Diffley Plaza, located in the NW %4 of Section 28. If approved, the following conditions should apply. 1. If within one year after approval, the variance shall not have been completed 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 at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. A building permit must be obtained prior to construction. 15~ Eagan Boundary Right-of-way L ®c at i o■N■ ■ Map O Parcel Area Park Area C' Building Footprint • _ q 4j~fLu III I~'\ I ❑I o q 1 u " ~ywz u y0 Q e.-. .r L b ~S t~ 0 Q o d r Q .....oa ® C 8 o I rTM i Oo°ualw TnAl~ poa o 0 0 ~~\y\~\P\~A\\M\R~\Wy~A~Y~~/,`~~ o Twl. 'e o 00 6C3 - ° ° d Q to V~ ® c ° T a a oeenwoo°aArre 6 O a ~T .ewme 6W~ A 0 ~ dd i P 6 q C (1 , Ci ~ a 8 6 n Q o0 d ~ d [J = O e - _NE L - N O ~ ~ T11GIXIrtETwt ~O°OO' . D Q 0 Q g a s g `R'`~e,~ ° ~ s p a 4$Q 94 U - Q IJ Il CAeM~L6lEM l~ ~`y~~p p q - a e ~ Subject Site o~ °o t r~ C.SJLH. NO. 30 (DIFLEY ROAD) C.S.A.H. NO. DlF LEY ROAD) Q 4 a o Q o o° 6~ ~ o Q ° q w°4 5 4, ~ S Q «e b p P Q 0~ / U fl p p ~ d~f4 p 9 d ~PpQQd be c~Ea f ❑ b a p mzcr Ot 4l q9 O d ~a pC l~ z Mal s~ ©w~r w~ „a O 0 C 'U1~6~ a ' o r`. I =o p 11=1m 0 p O ro mmm❑ [7 C7 q Q P e dd m Vra~CP~ Q Q Q Q' a - P 9 Q o © O oooa 000 4 O opoN` n 0 ty adt9 6 a =,(u p ~ q d g Q p p ~ OO v a fl . p d q o 040 ~ ~ > C] C] 0 ~ OQ~ ❑ o d Q ~ fl ~ , "°u e f cl~.e.eennl z ~ O O d ~ =o. e~ o 0 0 6 ~ oo p~ O a kz) D O ¢a~v~ A O ty ~wAw ' 3 d CI ouvE r~o43oC,74q' D$ OOytO.YMI y.IS ~ ~ 1000 0 1000 2000 Feet Development/Developer: Diffley 351EFH Co. Application: Conditional Use Permit Case No.: 29-CU-05-02-08 /G7 N City of Eapn THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Diffley 351EFH Co. Land Use Map Conditional Use Permit 29-CU-05-02-08 (Wv- Zoning Map •3 oq P R- P q~ PD Current Zoning: NB Location NB C.S.A.H. NO. 30 (DIFLEY ROAD) C.5.1 . EY ROAD Neighborhood Business PD R•3 R V mm 8 s .11 1 =Ory ❑mDial m 4 • mmm❑ 4q f` a PD PD ~q~ 600 0 600 1200 Feet PF ® ® ® Comprehensive Guide Plan e Q o e t d O Land Use Map P Q o G LD 0 O 6 9q 0 LD~ RC Location IP Current Land Use Designation: C.S.A.N. NO. 30 (DIFLEY ROAD) CIS.A.N EY ROAD q 4> O R a o oe ~ RC 6 d RC d a' G o Retail Commercial © b o ~ 0 W a mm8 p~ fl Ct.. rD~gq p ❑mm p o : L mmmo ® - C q,~v Q q ® - ~j O OOd MD 600 0 600 1200 Feet p 9 a~p pp Parcel base map information provided by Dakota County Land Survey Department Decmber 2005. N ,y Zoning information maintained by City Staff. City of Ea aIl S W E THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. S W- q= q 41 4 r,~ a I a J '~y,~, t jt f';9.. O ~ !o t` t b 1 ` lv 9 jr ~~r`. % ref^~ M1 ;r Y :1 r Y ' ~ ~ tA~ 1 I r V, frr a r I r -,fir i }r' Y y1 Ao - *01 it r { • ;p' WV, y~ a 1 i}} , -J, I TI A~js 1 ;i , y 3 _ • r i = -r Nt~. 7 ~ ~ . 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County Road 42 Suite 206 Burnsville, Minnesota Diffley 35 Project 55306 Applicant: EFH Co. 952-890-6450 952-890-5476 Fax Variance Narrative: EFH Co. is proposing a 25,000 square foot grocery store with a 'retail coffee shop on the North side of the building. We are requesting a drive thru under the conditional use permit for neighborhood business zoning. The current and proposed comprehensive plan guidelines for the parcel and development do not change. This parcel is guided by the neighborhood business zoning which allows a retail building up to 25,000 square feet foot print and operation hours of 7:00am to 1:00am. The retail coffee shop within the neighborhood business zoning would be allowed to open at an earlier time because it has a wall separating it from the grocery store and this wall is greater the 200 feet from the adjacent residential to the south. We are requesting a variance in the neighborhood business zoning to allow the grocery store to deviate from the currently allowed neighborhood business zone operating hours of 7:00am to 1:00am to 5:30am to 12:00am. These are fairly consistent hours of operation of the retail grocery industries and would allow convenient operation for the coffee shop and grocery use, allowing the same opening time. Grocery customers may want to purchase coffee and coffee customers may want to purchase grocery items. Adjustment in the opening time will allow Kowalskis to compete with other grocery retailers in the Eagan market as well as adjacent 24 hour retailers. Grocery retailers consistently operate on very low margins and require volume to achieve business visibility. This project would immediately start after approval and permitting and would be complete by November 2008. The existing property is vacant land and is adjacent to residential R 1 zoning on the South side and neighborhood business to the North and East. Kowalskis current market study indicates that this location as a grocery store will provide the surrounding community with a grocery retail option not currently available. The hours of operation along with a full service neighborhood market meets Kowalskis needs for a successful business as well as allowing the local neighborhood convenient and quality groceries at a competitive price. We do not feel the opening time deviation would be a determent to the surrounding community; but allow Kowalskis the additional flexibility to meet the daily needs in the area. ra EFH Co. f General Contractor 2999 W. County Road 42 Diffley 35 Project Suite 206 Burnsville, Minnesota 55306 Applicant: EFH Co. 952-890-6450 952-890-5476 Fax ~ Conditional Use Narrative: EFH Co. is requesting a conditional use permit to allow a drive thru in a neighborhood business zone. We are also requesting a conditional use permit to allow loading area to be less than 300 feet from the South property line in neighborhood business zone. The current loading area will be approximately 270 feet from the South property line and screened within the building. This parcel is under Eagan's current zoning of neighborhood business with a drive thru as a conditional use. This parcel is also guided by the City of Eagan's comprehensive guide plan designation of commercial uses which include neighborhood businesses that allow a retail building up to 25,000 square feet footprint in this zoning. We are requesting no change to the comprehensive plan or the existing zoning classification. EFH Co. is proposing a 25,000 square foot grocery store with a retail coffee shop on the North side of the building with a drive thru component. The building would use brick, stone, glass store front and metal on the West elevation and the remaining three sides would be predominately brick. We anticipate commencing construction upon acquiring approval and permitting from the City of Eagan with a completion slated for November 2008. The existing land is a vacant parcel with no improvements. We will meet all current code requirements. The surrounding land uses include neighborhood businesses to the North and East and residential R1 zoning adjacent to the South. Also planned development PD to the North across Diffley Road, and planned development PD to East across Johnny Cake Ridge Road. /&3 EFH Co. General Contractor 2999 W. County Road 42 Suite 206 Burnsville, Minnesota 55306 952-890-6450 March 5, 2008 952-890-5476 Fax Ms. Sarah Thomas Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: Conditional Use Permits and Variance 1646 Diffley Road Eagan, MN Dear Ms Thomas: Thank you for your comments in your letter dated February 26, 2008, regarding our submittal for Conditional Use Permits and a Variance on February 20, 2008. I offer the following information for review: Landscape Plan: Please review the landscape plan incorporating the buffer areas approved with the Diffley Plaza Final Subdivision as well as landscaping along the North and East to screen the loading areas. Site Plan: We have included dimensions for the loading area to the residential property line as well as site and building information. Traffic/Access/Circulation: We have eliminated the drive thru for the coffee area and moved the loading dock and access to the West, allowing for truck queuing and circulation on our site. Parking: Kowalski's does not use cart corrals. Elevations: At present we are assembling building elevations for review. We will meet or exceed Eagan's ordinances regarding materials, material percentages, trash screening and mechanical equipment screening. ~7 ECTIVED ~ 5200 61 Ms. Sarah Thomas March 5, 2008 Page 2 Project Name: Shoppes of Diffley Crossing Please note that we are requesting to amend our Conditional Use Permit application to delete the drive thru lane and substitute for exceeding the allowable square footprint of 25,000 sf to 30,000 sf subject to the structure height, building coverage and landscaping green space as shown in Eagan's Neighborhood Business District Ordinance. Please do not hesitate to contact me with any questions or comments. Thank you. Si e ly Mike Whalen Enc. KI E"' MAR 200 1~~- /2003 Tn Z+ I a - - z Poo n IT z ~.NNsB~ _ g mW 2 E s R~ n 'o 0 Yl,-,-,E~i€ W A pp4 ~ s a n9 MUNI ~ sesRs ~ c s y z F ~g~ ~ I II 9L> 0, > Y FA! gz € \ fry :,Y_ ~l Eli s A FIX I ~ I ~ p ~y x ( ser-~~ 1 T T TT T - - e DIFFLEY 35 James R. Hill' Inc. N O N j 5 N° m Y /F` l\ CONCEPTUALEACAN, MINNESOTA LANDSCAPE PLAN PLANNERS / ENGINEERS / SURVEYORS N Z N m { EFH COMPANY 2. w. cn. R9 e2, s Ih 120, e~- "N 55137 2999 NEST COUNTY ROAD 42, SUITE 208, BURNSViLLE, MN 55]06 d -r PHONE; (95290-6604 FAk (952)896-62N From: Phillip Boelter [mailto:eaganbanker@yahoo.com] Sent: Monday, April 28, 2008 7:52 PM To: City Council Subject: ANOTHER grocery store? Dear City Council members: I was dismayed to learn from This Week Eagan that you are seriously considering Kowalski's request to open a grocery store near the intersection of Diffley and Johnny Cake Ridge Roads. I kept silent as the city struggled over the access issues down the street less than two miles away where now (another!) albeit "boutique" Cub Food Store will be constructed. Knowing the compressed margins in grocery stores, the proximity of the other Cub as well as 3 other stores, AND the cost of new construction I am sure this Cub will find itself struggling. So, I cannot stand by and remain silent over Kowalski's setting itself up for another failure on the scale of its recent debacle in Lakeville. The store there closed after only 15 months, ostensibly due to a a "bad location" and "difficult access." The real truth is that Kowalski's couldn't compete in an already crowded market. Let me be clear. We do not need another grocery store in Eagan. Kowalski's and the "boutique" Cub you all just approved will be chasing the same skinny dollar and the real losers will be the residents of Eagan when one (or more likely both) of these goes under, leaving an even larger commercial real estate gap than now exists. Look to the South where the Snyders space has been vacant for years- or down the street on Diffley. Granted, they are a different size and type of space, but what was in those spaces was services/ businesses that just couldn"t compete. Thus far we have avoided the "vacant space" stare of other suburbs but I would be willing to bet that Eagan is not recession proof or airline merger-proof. And high end groceries are one big place where the impact will be felt. If you don't believe me, go talk to the grocer's association. The article also mentioned a "wine store" and Starbucks. Do I need to remind the Council that there are 8 liquor stores already competing for business within a 2 mile radius, the nearest one being .017 miles away in the same development as this proposed store? Starbucks???? There are already 5 other coffee establishments within 2 miles- including another Starbucks, and 2 MORE Starbucks less than 2.5 miles away. I know adding another business to the tax base is tempting. But, please, do not approve this proposed grocery store- we have enough convenience and selection here already. Phil Boelter Agenda Information Memo May 6, 2008 Eagan City Council Meeting B. PLANNED DEVELOPMENT AMENDMENT - EZ AIR PARK ACTION TO BE CONSIDERED: To approve (or direct Findings of Fact for Denial) a Planned Development Amendment to allow the following phased improvements: • Phase I (2008): an additional exit lane and a cashier booth, along with related equipment and a canopy; and • Phase II (2009): a 987 square foot office expansion; and • Phase III (2010+): covered parking on the first 50 spaces in the northern most row of parking. The above requests pertain to a 14 acre property located at 2804 Lexington Avenue, legally described as Lot 7, Plainview Addition, an unplatted parcel and part of Lot 6, Eagandale Industrial Park No. 2, in the SW'/4 of Section 2, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: At least three votes. FACTS: The EZ Air Park operation is located on three separate parcels. The northern most parcel was rezoned to Planned Development (PD) in 1979. The remaining two parcels are zoned Limited Industrial (I- t). A PD amendment in 1997 allowed the removal and replacement of the existing garage and a 600 square foot office addition off the north side of the garage. The applicant requests approval of the three phased plan to improve the function and modernize the site. The Advisory Planning Commission held a public hearing on April 22, 2008 and is recommending approval. ISSUES: Current site conditions are allowed via the PD approvals; however they do not meet current City Code in relation to green space, impervious surface coverage and parking lot design. The Advisory Planning Commission gave direction to better define the City's expectations on green space to be added. Based on City Code requirements that 5% of parking areas over 50 stalls in size must be dedicated to planting islands/green space, a rough calculation for this equals approximately 26,000 square feet of green space to be added. This site improvement should be completed at the time of the office expansion. 60-DAY AGENCY ACTION DEADLINE: Deadline expires May 17, 2008 ATTACHMENTS (3): Location Map on page Draft April 22, 2008 APC minutes n agJ C) through n Staff report on pages, through Eagan Boundary Right-of-way Location M it Map ~ parcel Area ~ Park Area Building Footprint I__1 I I 1 I i V- - .u u I L- F7 Q qqq o=-' Subject Site a o `t h a fl .n,4 _J d v b v D o° vn O L E- Qz d' 17771 .1 6 I ~ ° r7 4 ap L L.'~ 8 d ' cYlL FtlIL M1nM. W R 11OIJ! Ll~lL Iof11WXf Mlt IIP! pP 7 o I b - i_ ~ o 0 1000 0 1000 2000 Feel .u Development/Developer. EZ Air Park Application: Planned Development Amendment Case No.: 02-PA-05-03-08 N City of Eap C THIS MAP IS INTENDED FOR REFERENCE USE ONLY `V E The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are S Community aovalopmont Copottmant not responsible for errors or omissions. B. EZ Air Park Applicant Name: EZ Air Park Location: 2804 Lexington Ave.; Lot 7, Plainview Addition Application: Planned Development Amendment A Planned Development Amendment to expand the office building and make site improvements. File Number: 02-PA-05-03-08 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated April 15, 2008. She noted the background and history. Applicant Curt Callister discussed the history of the business and stated the desire to upgrade the facility to accommodate their customers and the growth of the company. 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. Discussion occurred regarding adding additional green space to the site and the commission agreed more detailed information should be provided to the City Council. Member Zoberi moved, Member Keeley seconded a motion to recommend approval of a three phase Planned Development Amendment to allow: • Phase I: an additional exit lane and a cashier booth, along with related equipment and a canopy; and • Phase II: a 987 square foot office expansion; and • Phase III: covered parking on the first 50 spaces in the northern most row of parking. For property located at 2804 Lexington Avenue, legally described as Lot 7, Plainview Addition in the SW %4 of Section 2, subject to the following conditions: 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at Dakota County. 2. The property shall be platted into a single lot and the applicant shall apply separately for a rezoning of the property so that there is only one zoning on the property. 3. The Applicant shall provide a revised Site Plan to provide details such as existing setback information, existing parking stall counts, dimensions of parking stalls and drive aisles, as well as perimeter fence information. 4. Signage shall comply with City Sign Code requirements. 5. The lane operation and parking canopies shall be identical in color. 6. The Applicant shall provide documentation addressing concerns in the staff report about the variation in light levels specifically with regard to the level of illumination beneath the proposed canopies to prevent glare to passing motorists and onto adjacent property. 7. The canopy lights and lenses shall be fully recessed so that only the illumination is observed and the source of light is not visible. ~ 7~ 8. The Applicant shall provide a revised Site Plan, prior to receiving a building permit for the covered parking canopy improvement project, which provides additional green space and traffic safety improvements through the use of parking lot islands per City Code requirements. 9. A building permit shall be obtained prior to construction of the lane canopy, the office addition, and the carport canopy. A vote was taken. All voted in favor. Motion carried: 7-0. l~ PLANNING REPORT CITY OF EAGAN REPORT DATE: April 15, 2008 CASE: 02-PA-05-03-08 APPLICANT: EZ Air Park HEARING DATE: April 22, 2008 PROPERTY OWNER: EZ Air Park APPLICATION DATE: March 19, 2008 REQUEST: Planned Development Amendment PREPARED BY: Sarah Thomas LOCATION: 2804 Lexington Avenue COMPREHENSIVE PLAN: IND, Industrial ZONING: PD, Planned Development SUMMARY OF REQUEST Curt Callister, EZ Air Park, is requesting approval of a three phase Planned Development Amendment: • Phase I to allow an additional exit lane and a cashier- booth, along with related equipment and a canopy; and • Phase II to allow a 987 square foot office expansion; and • Phase III to allow covered parking on the first 50 spaces in the northern most row of parking. The above requests pertain to a 14 acre property located at 2804 Lexington Avenue, legally described as Lot 7, Plainview Addition, an unplatted parcel and part of Lot 6, Eagandale Industrial Park No. 2, in the SW '/4 of Section 2. AUTHORITY FOR REVIEW 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. t -7a Planning Report - EZ Air Park April 22, 2008 Page 2 BACKGROUNDMISTORY The EZ Air, park operation is located on three separate parcels.. The northern most parcel was rezoned as the Plainview Planned Development in 1979. The Planned Development (PD) provided for a mix of uses including a garden shop, storage building and office building. None of these uses were ever established. In 1984, the City approved a new use that allowed a 77.3 car parking lot that would provide private airport parking. In 1986, the Council approved a 921 parking space expansion to bring the total parking facility capacity to 1,694 spaces,. The City Council approved the outdoor storage of a propane tanlc and recreation vehicles and trailers (two-axle maximum) in 1996.. In 1997 a PD Amendment was approved allowing the removal and replacement of the existing garage and an addition of a 600 sq. ft, office off the north side of the garage. It is unknown how the use became approved on three separate parcels as two of the parcels are zoned Limited Industrial (I-1).. These two parcels are not a part of the PD that governs the principal use of the property consisting of the day to day operations.. This is atypical and staff suggests a replat of the property is warranted to combine the three properties as well as a rezoning of the two I-1 parcels, so that the use is on one lot and in the same zoning district. EXISTING CONDITIONS Currently, there appears to be 1,486 parking spaces located on site; the propane and recreation vehicle storage is located in the southeastern portion of the odd-shaped site. The airport parking and the existing house, garage/office and a shed are located on the north part of the site. Tile house is used as the EZ Air Park office and residence for the on-site manager.. The shed is proposed to be removed with the expansion of the garage/office building. It appears that a 6 foot fence completely surrounds the property and landscaping has been installed along the property lines directly adjacent to the residential districts located to the south and west, SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North ABF Freight Terminal I-1, Limited Industrial IND, Limited Industrial South Single-family R-1, Residential LD, Low Density residential Single district (0-4 units/acre) East Atlas of N [N I-1, Limited Industrial IND, Limited Industrial West Lexington Ave./ Right-of-way Right-of-way Interstate 35E Planning Report - EZ Air Park April 22, 2008 Page .3 EVALUATION OF REQUEST Code Requirements - The intent of a Planned Development is to provide greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. This is meant to encourage a more creative and efficient approach to the use of the land, and preserve and erdiance desirable site characteristics, natural features and open space. Proposal - The proposal includes three phases of improvements to begin in 2008 and continue through 2010 or beyond. Phase I: The applicant proposes to add an additional exit lane with a cashier booth, a ticket machine and gate. A new canopy is proposed to cover the new and existing cashier booths (2008). Phase II: The applicant proposes a 987 square foot office expansion to allow for more office area and indoor storage (2009). Phase III: The applicant proposes to construct a canopy over the first 50 parking stalls in the northern most row of parking, Row 1 (2010+). Compatibility with Surrounding Area- The EZ Air Park operation appears to be compatible with the existing land uses in the vicinity. The applicant believes the phased improvements will upgrade and modernize the facility. The function of the site will remain the same. Site Plan - The Site Plan lacks detail in relation to existing conditions; setback dimensions, the existing number of parking stalls, parking stall and drive aisle dimensions, building sizes and fence specifications. A revised plan should be submitted that identifies this information to accurately portray the existing and proposed conditions. Bulls Standards - As a Planned Development deviation from typical zoning bulk standards may be allowed. Setbacks - The Site Plan does not identify existing setbacks, however the proposed addition to the garage/office does not appear to encroach into any required setback areas. Building Coverage The existing building coverage is unknown. The proposed office addition would approximately double the size of the existing structure from 1, 011 sq., ft. to 1,998 sq. ft.,; however, the site is 14 acres in size. Green Space - The existing site consists of 13% green space. The proposed improvements would not create additional impervious surfaces, but no improvements have been proposed to reduce the impervious surface on the site. As mentioned later in this report, the reconstruction of the parking lot with parking lot islands could reduce the impervious surface coverage on this site, Consideration should be given to improve the overall aiiiount of greeri space on the site. Planning Report - EZ Air Park April 22, 2008 Page 4 Building Elevations/AiThitecture - The garage/office building has a residential design with an asphalt shingled roof and stucco siding that matches the existing residence. The proposed addition will match the existing structure. The canopy over the lane operations is proposed to provide a 13 foot, 4 inch clearance with a two foot, six inch prefinished metal canopy. The canopy is proposed to be beige in color and the steel columns are proposed to match the canopy. The canopy over the 50 parking stalls is also proposed to be prefinished metal and light stone in color and the steel columns are proposed to match the canopy.. The color of the two canopies should be identical.. The canopy construction must receive a building permit prior to construction. Airport Noise Considerations - 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 Metropolitan Council has adopted land use compatibility guidelines which incorporate the 2007 Noise Policy Contours. Under these guidelines office is considered a compatible use within Noise Zone 4. Signa.ae - The elevation of the lane operation canopy depicts "lighted signage to be designed by others". Therefore, a separate sign plan should be submitted for a sign permit providing sign details in accordance with City Code requirements. Landsca in - The Site Plan identifies landscaping to match the existing quantity on the northeast side of the proposed office addition. No additional landscaping is proposed.. Li lu ltinl - According to the applicant no upgrades to the parking lot lighting at EZ Air Park is being considered at this time. However, lighting is proposed with the lane operation and parking stall canopy constriction, and such lighting must meet City Code requirements. City Code requires that on-site lighting be provided as is necessary for security, safety and traffic circulation. Illumination shall be indirect and diffused or shielded. Lighting shall not be directed upon public rights-of-way or adjacent properties and the source of light shall not be visible from off the property, The Planned Development has no additional lighting requirements, A proposed Photometric Plan was submitted with the application. This plan lacks detail and should be clarified to provide both the existing and proposed location of lights, as well as height information and type of light fixture in conformance with City Code requirements. Staff suggests that lighting be uniform throughout the parking lot and light levels at the property lines should be kept to a low level to be cognisant of the single family neighborhood to the south. I Planning Report - EZ Air Park April 22, 2008 Page 5 There are 9 surface mounted exterior fluorescent lights proposed beneath the lane canopy and it is unknown how many surface mounted exterior fluorescent lights are proposed beneath the carport canopy.. These lights should be recessed and photometric information, such as footeandles, should be provided to ensure the contrast in lighting between the parking areas and canopy is not problematic. While a well-lit entrance/exit area can be attractive to employees and customers, too much contrast in lighting can make it difficult for customers and employees to see past the well-lit canopy to what is happening beyond,. Also, to prevent glare to passing motorists, and onto adjacent property, it is essential that the canopy lights and lenses be fully recessed so that only the illumination is observed and the source of light is not visible. Parkin - The Site Plan does not identify the existing number of parking stalls but from prior information gathered by the City, it appears that 1,486 parking spaces are located on the site, Planting islands are required per City Code to occupy at least five percent of parking areas with more than 50 parking spaces. The site lacks any planting islands. To visually break up the expanse of hard-surface parking areas and to provide safe and efficient traffic movement as well as define rows of parking, planting islands should be incorporated into the long terra improvements proposed for this property. Planting islands can be designed to also reduce impacts from storm water runoff and provide additional green space on the site. Gradin - The site was graded with its original development as a parking lot. Minimal re-grading of the site is proposed to accommodate the site changes. Stonn Drainage - Existing storm water runoff patterns are proposed to remain as currently configured. Since this development contains a large area of impervious pavement, consideration should be given to retro-fitting storm water infiltration features to enhance water quality and reduce runoff volumes in accordance with current City water, quality management standards. Utilities - The existing house and office are connected to City sewer and water services. Streets/ Access/ Circulation - Access to the site will remain at one location onto Lexington Avenue (County Road 43). Modifications to the entrance on private property are proposed. SUMMARY/CONCLUSION The function of the site will remain the same. The applicant has stated that the proposal improves the internal functions of the site, modernizes the facility and provides additional options to the customers, such as covered parking. City Policymakers should determine if the proposed phased improvements constitute a need to bring the site closer to compliance with City Code requirements in relation to green space and impervious surface coverage, through parking lot improvements with planting islands and/or other storm water infiltration features,. Also, the use is located on three lots located within two separate zoning districts. This is atypical and staff is suggesting a replat of the property is warranted as well as a rezoning so that the use is on one lot and in one zoning district. If~ Planning Report - EZ Air Park April 22, 2008 Page 6 ACTION TO BE CONSIDERED To recommend approval of a three phase Planned Development Amendment to allow: • Phase I: an additional exit lane and a cashier booth, along with related equipment and a canopy; and • Phase II: a 987 square foot office expansion; and • Phase III: covered parking on the first 50 spaces in the northern most row of parking. For property located at 2804 Lexington Avenue, legally described as Lot 7, Plainview Addition in the SW % of Section 2.. If approved the following conditions shall apply: 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at Dakota County. 2. The property shall be platted into a single lot and the applicant shall apply separately for a rezoning of the property so that there is only one zoning on the property. 3. The Applicant shall provide a revised Site Plan to provide details such as existing setback information, existing parking stall counts, dimensions of parking stalls and drive aisles, as well as perimeter fence information, 4. Signage shall comply with City Sign Code requirements. 5. The lane operation and parking canopies shall be identical in color.. 6., The Applicant shall provide documentation addressing concerns in the staff report about the variation in light levels specifically with regard to the level of illumination beneath the proposed canopies to prevent glare to passing motorists and onto adjacent property. 7. The canopy lights and lenses shall be fully recessed so that only the illumination is observed and the source of light is not visible. 8. The Applicant shall provide a revised Site Plan, prior to receiving a building permit for the covered parking canopy improvement project, which provides additional green space and traffic safety improvements through the use of parking lot islands per City Code requirements. 9. A building pen-nit shall be obtained prior to construction of the lane canopy, the office addition, and the carport canopy.. 1~~ Eagan Boundary Right-of-way Location Map ~ Parcel Area A Park Area Building Footprint I-.....J I I I ~~J i V -emu I L1 gy 4 p► _ Subject Site m n ~ - IJ - - L-~ i V v #y c0 an o r it 4YN1.a]■ns■[u■w+p ~ euKlOf■IWMf ax ■>J A ~ P p 5 ~ r 6 C] I I 7 € 7 a, o I - if - 0 t r 7 71 - _J , IT - - I q L L 0 0 ti ~a I r 1000 0 1000 2000 Feel Development/Developer: EZ Air Park Application: Planned Development Amendment Case Nos 02-PA-05-03-08 Nj t~1 g City of Eakan THIS MAP IS INTENDED FOR REFERENCE USE ONLY C The City of Eagan and Dakota County do not guarantee the accuracy of this information and are 5 Community aovolapmant oapartmant not responsible for orrors or omissions. -7 Current Zoning and Comprehensive Guide Plan EZ Air Park Land Use Map Planned Development Amendment 02-PA-05-03-08 Zoning Map ' D7,q k BP SP A HD a~ QP « ~4 BP Current Zoning: O Location 8P li aT, PD Planned Development ~~'OHk 44 PO HO'Jr BP 111 t Y✓1 6P a u x 0 a 6DD a too 170o Rat r 0 u Comprehensive Guide Plan ° s n sand Use Map w SA ' A }H od Locat _zF Current Land Use Designation: INR IND r kMy), IND Limited Industrial Q I~ J a yi BP's IN D = p L El l P Q INR d x I!1 ~ L I d d coo B ODD 1700 Rat Parcol baso map Intarmatlan provldcd by Dakota County Land Survoy Daportmant Doombor 7005. `N zoning lnrormnuon MaInta)ned by CRY staff, ,V z~ ` City of Ealan E THIS MAP IS INTENDED FOR REFERENCE USE ONLY Tho City of Eagan and Dakota County do not guarantoo tho accuracy of this Information. 5 cam/ ill 1 F a ~ ' i y,: A r✓ ~ '~y''p~ -'.°a_~ y SSA? y _ fi l 1. Y Py ~ Y Fa' : R ~ 1 Kt 7 ? ' t p c s_ - Cl 21'33'W i n 1 ~f cl~ R tJ0 T. ~ L i• ~ r ~ 1w a I, g ~I DO r I , err [TIM 1 n , , 2 , m-rrmm >~i 1'1'~ 111111117 i i ~ ~pp INJI H fl~llilll~ 'IICllfllllilllll R 5 r E ~ pIT10NS 0 all Zz to cl 1 6$~ EI > m Y J D ! § r E 4WMRJ~MJIIT YAYIW~Iti d _ T I LEXINGTON AVENUE I • 1 ~ ~ 14 ~ e ~ ~~i I dui >1~ l; ELJ i I I 111 AV 'AIM I ~ ~ i Ir •x o-l~•Ir. 1~-7 gg pp ;a I 1 ~-J ~ R N $ 5 I ~ • I Ig aaAq ds63~3 5 R'~~i~6 ~ ~ i i Kg I 3 ~ i ON ~~qa Q f R • A 4`` zgry PHASE 1 1 Ow C m . n a 9 D Zy~gn~~ g9ol fir 8 a °s y 2 x f I4~6~~ al9!$ a p no a c~mvza.r..,s„uwa,vrrui,l.n O L"INCTON AVENUE { d 1 r ~ in• .a a r-r iva rl . _ r ❑i 81! ---------------------•--a ~ I dodqdnd B~Rd S R'S ~ R G € j ~q d9~ fi:1Y ~ dGn y / k i i i ~e f ,a.r ,r•r r.r_r G. A, d 3a h 9a 9a 3a vn 5a z o Pd I ( 0 YI Ir M i ' 8 ~!I CCnn AT~ ; •f 71 E~j R~ o~~~ Qf o d o Ds!!~ 19 41 PHASE li Imm Mari 0.......~....p~. ~A a ~pp zip f...... q i gill! y Q~j Q o a tai a E E a°~9 e q~ z i LERIGTON AVENUE i ~ I 1~3 ( i \ _ 6 it '-f m. r - I 9 1--t I I all I{ ax V~~I ~ li I i O ~u i I 0 I saQQr¢i¢ it ~ p E~A6 iT~ I ~=n"~'t;•r' ~I s rx. PHASE Ill 7 gig 52 z 7 0 tv I M ~ O z °Q: v>a ~z n cl c Ln C) Z c z m N II+ m~ I arm- oLA D O M E a z z (A ~O Cm Om o 70 Gz r" rn C a z Z OO ` 03 'D W 1 ~ rn m X X ZLn-1 ~ Z G7 > co Z ~ m .m s X C I 'D Z M 0 -1 ;;a z z o in i~a a) V ~ I mr ~ r rs'- ry ©O 'D CANOPY ELEVATION 8 4V+aV1ln.~S„I1~Gt~ W:UJYar1 n:::' I~ 5 k 4j a M . OR F• rx re r.rf tcr';1 ; ' Al, tl iI mill i6 B a6 3 . ~~Q a a g~ a6 A9lg~ S~~ h~ti ~ OFFICE ELEVATION n am [ X Z~9 X ~xr8 5a ~z C mho ~Fc Ile o ~ Phi z it , ~q 0- L 77, AIRPORT PARKING 2804 Lexington Avenue • Eagan, MN 55121 (651) 454-1302 - fax (651) 681-0710 www.ezairpark.com PLANNED DEVELOPMENT AMENDMENT Narrative: What we want to do: we want to do: timing/phasing: EZ Air Park is proposing to upgrade and modernize it's facility at 2804 Lexington Ave in Eagan. This upgrade would involve three phases over the next several years. Phase I would be undertaken during the summer of 2008. This phase would involve adding additional exit lanes to the parking facility. There would be an additional cashier booth added, along with related parking equipment such as ticket spitters and gates. We would also erect a canopy to cover a portion of the exit area to protect customers and cashiers from the elements. Phase 2 would be constructed during the summer of 2009. This phase would involve the expansion of the existing office space to include more office area and additional indoor storage. Phase 3 would be constructed during the summer of 2010 or later. This phase would involve the construction of a covered parking area on the first 50 spaces in our row number I on the north side of our property. Existin land use on ro ert : The EZ Air Park property that these phases will occur is currently zoned as a planned development. The current usage of the property is an off site airport parking facility and has been used as such since 1985. Surrounding use and zoninawithin 600 feet: and zonina within 600 feet: The surrounding land and zoning is residential to the south, and limited industrial to the north. Impact does the development have on the does the development have on the surrounding property and land usage: land usage: The surrounding property will be unaffected by the upgrades at EZ Air Park. The property will continue to be used for off site airport parking. Impact does the development have on the does the development have on the subject property: The property will be unaffected by the upgrades at EZ Air Park. The business will benefit by being able to increase its efficiency of the operations while providing additional management i0 19 ~ and employee space. Our customers will benefits by the addition of a covered pal-king option and a protected exit area. Impact does the planned development have on city services: This upgrade does not require any additional city services than what it is already receiving. Does the requested land use proposed result in a better use of the land?: The proposal will give the business a fresh and updated look while providing customer and employee benefits with the expanded exit area, expanded office space and a covered parking option. Public benefit of the proposal: This proposal will provide public benefit as the current use and the planned use are to remain the same. The public benefit is that EZ Air Park provides the local and regional citizens an alternative airport parking solution both in readily available parking spaces and a cost savings in comparison to parking at the airport. Exterior Lighting plan: No upgrading of the lighting at EZ Air Park is being considered at this time. Review of current lighting levels is now being studied. General grading/drainage/erosion control: No changes are expected in this section. General landscape plan. No additions or subtractions to existing landscaping. Tree Preservation plan: No loss of existing trees Wetlands invento /re lacement lan; No on site wetlands, no changes planned egg Agenda Information Memo May 6, 2008, Eagan City Council Meeting C. CONDITIONAL USE PERMIT - CAFE CHILI PEPPERS ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) to allow on-sale liquor in conjunction with a Class I restaurant at 1282A Town Centre Drive (Town Centre Shopping Center), legally described as Lot 2, Block 1, Town Centre 70 2nd Addition, in NW V4 of Section 15, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ Dale Maxfield, Cafe Chili Peppers, is requesting approval of a Conditional Use Permit to allow on-sale liquor in conjunction with a Class I restaurant at 1282A Town Centre Drive. ➢ The site is guided and zoned for retail commercial uses. ➢ The applicant's narrative states that the business will be a "fast casual Mexican cuisine to include bottled beer, wine, and margaritas." ➢ The proposed restaurant will be located in the northeast portion of the building (formerly occupied by Moe's Southwest Grill) and would occupy approximately 2,776 square feet. ➢ The proposal satisfies the location standards of the ordinance; operational standards are set out in the licensing section of the ordinance. ➢ The APC held a public hearing on April 22, 2008 and recommended approval. ISSUES: None 60-DAY AGENCY ACTION DEADLINE: May 18, 2008 ATTACHMENTS (31: Location Map, pages et April 22, 2008 APC minutes, pages ' Planning Report, pages qoA through l~q Eagan Boundary Right-of-way Location Map 0 Parcel Area [7 Park Area Building Footprint D G ♦ J - / / NOLfNwO°OILWr ClNfR.~f' G A 7. O A MiR10L OR Q o u 3 tL oZ~V 0 o L Cl ~~~~,o LII E El A r ROAD Subject Site COUNTY r ~otO ~ Ifs' _ p w~'~ I fowN °LNrnc owve LOO 00 00 000 ooa 0 ' C -rJ p D U0 o ~ II ~m e o0 o L ; o o °cNWe°L,~., i vxxLr uwe ee ~ 16 %Dn i ii ~ ~ a L°nWiooeoMrt 4a Q 5~ ; LS d C5 6 3 4 53 G" ] C~zo fri-'l.. O~ pG ~ d ~ 4 ~ iS caemuooL uxe ~ G ~ p L , ~ pf s d ~ p © Q eq Q ~ L . trop ~ o ~ 0 41 ti a4 ~N " sO p ~°'Q A - NOlli~p~N . Q x Q Q ~ O W O ~~-q' T` 1 Qt P iLLOON WL 0 ~Q. _ _ 1 p C~ Qq©p ♦ Y Q G ES a ,.R © ~ O 43 G' li a o O ~ q q ; W Z 41 r b ~ P a p M' a C5 x w 0 • O C ~q L n by Q ~ Q Q t p u Q ~ CJ LR ~ b $ d1 ~ L Q ° 1000 0 1000 2000 Feet Development/Developer: Cafe Chili Peppers Application; Conditional Use Permit Case No.: 15-CU-06-03-08 )9D N City of Eap THIS MAP IS INTENDED FOR REFERENCE USE ONLY w E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. C. Cafe Chili Peppers Applicant Name: Cafe Chili Peppers Location: 1282 A Town Center Drive; Lot 1, Block 1, TOWN CENTRE 70 2ND ADD Application: Conditional Use Permit A Conditional Use Permit to allow on-sale liquor in conjunction with a restaurant. File Number: 15-CU-06-03-08 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated April 14, 2008. She noted the background and history. Dale Maxfield, discussed the proposed facility and the experience of the ownership group. 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 Keeley moved, Member Zoberi seconded a motion to recommend approval of a Conditional Use Permit to allow on-sale liquor in conjunction with a Class I restaurant at 1282A Town Centre Drive (Town Centre Shopping Center), legally described as Lot 2, Block 1, Town Centre 70 2nd Addition, in NW '/4 of Section 15, subject to the following conditions: 1. The Conditional Use Permit shall be recorded at the Dakota County Recorder's Office within 60 days of approval. 2. On-sale liquor sales shall comply and be operated in accordance with all relevant state laws and regulations. A vote was taken. All voted in favor. Motion carried: 7-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: April 14, 2008 CASE: 15-CU-06-03-08 APPLICANT: Dale Maxfield, Cafe Chili Peppers HEARING DATE: April 22, 2008 PROPERTY OWNER: SDC Eagan Town APPLICATION DATE: March 19, 2008 Center, Inc. REQUEST: Conditional Use Permit PREPARED BY: Pamela Dudziak LOCATION: 1282A Town Centre Drive COMPREHENSIVE PLAN: SA, Special Area ZONING: CSC, Community Shopping Center SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to allow on-sale liquor in conjunction with a Class I restaurant at 1282A Town Centre Drive (Town Centre Shopping Center), legally described as Lot 2, Block 1, Town Centre 70 2'd Addition, in NW 1/4 of Section 15. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. Planning Report - Cafe Chili Peppers April 22, 2008 Page 2 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND/HISTORY The property was platted in 1985 and the shopping center was constructed in 1986. The center was recently remodeled include facade improvements and modifications to the parking. In June 2006, a conditional use permit was issued for on-sale beer and wine in this same location for the previous restaurant tenant, Moe's Southwest Grill. Moe's failed to renew their liquor license for 2007, and consequently the CUP expired after one year. EXISTING CONDITIONS The shopping center contains retail and service tenants in a 98,000 sq. ft. building. The applicant is leasing a space within the shopping center for a Class I restaurant, Cafe Chili Peppers, and is requesting a Conditional Use Permit for on-sale liquor. There are two other restaurants (Old Chicago and Genghis Grill) with conditional use permits for on-sale liquor within the shopping center. I~3 Planning Report - Caf6 Chili Peppers April 22, 2008 Page 3 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Grocery store CSC, Community Shopping SA, Special Area (Rainbow) Center South Retail store (Kohl's) CSC, Community Shopping SA, Special Area Center East Retail PD, Planned Development SA, Special Area West Retail CSC, Community Shopping SA, Special Area Center EVALUATION OF REQUEST Proposal - The applicant proposes to establish a Class I restaurant with on-sale liquor in one of the tenant spaces within the Town Centre shopping center at 1282A Town Centre Drive. The property is currently zoned CSC, Community Shopping Center, and is guided SA, Special Area. Within the Special Area Plan, this property is designated for retail/commercial uses. The applicant's narrative states that the business will be a "fast casual Mexican cuisine to include bottled beer, wine, and margaritas." The proposed restaurant will be located in the northeast portion of the building (formerly occupied by Moe's Southwest Grill) and would occupy approximately 2,776 square feet. City Code Requirements - The zoning code allows on-sale liquor as a conditional use in the CSC, Community Shopping Center, zoning district. In addition, Chapter 5, Business Licenses, requires a liquor license for on-sale liquor. In addition to establishing the conditions of operation, the license requirements include the following: Subd. 5. No person under the age of 18 years shall be employed upon premises except as musicians or to perform the duties of a busboy or dish-washing services in a place defined as a restaurant. Subd. 8. No license shall be granted for a proposed licensed premises that does not meet the special use setback, as defined in the zoning regulations of this Code, from any nursery, elementary or secondary school structure; daycare center structure; or church structure, except as provided herein. A license may be granted for a proposed licensed premises not meeting the special use setback, as defined in the zoning regulations of this Code, from any of the above listed uses when the proposed licensed premises and listed uses are located within the same zoning district and planned commercial development. Planning Report - Caf6 Chili Peppers April 22, 2008 Page 4 Subd. 10. ' On-sale licenses shall be granted only to hotels, traditional restaurants and clubs. Subd. 11. All on-sale licenses shall be for premises situated in a commercial or industrial use district under a conditional use permit No license shall be held for more than two years without being used. The special use setback is defined as 200 feet to the nearest point on the property line of the lot on which the protected use is located. Evaluation - This site appears to be consistent with licensing requirements. The property is guided and zoned for retail commercial uses, and the on-sale liquor is proposed in conjunction with a Class I restaurant. There are no protected uses (i.e., daycare centers, schools, churches) within the special use setback. SUMMARY/CONCLUSION In summary, Dale Maxfield, Caf6 Chili Peppers, is requesting approval of a Conditional Use Permit to allow on-sale liquor in conjunction with a Class I restaurant at 1282A Town Centre Drive. The proposal satisfies the location standards of the ordinance, and the operational standards are set out in the licensing section of the ordinance. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to allow on-sale liquor in conjunction with a Class I restaurant at 1282A Town Centre Drive (Town Centre Shopping Center), legally described as Lot 2, Block 1, Town Centre 70 2nd Addition, in NW %4 of Section 15. If approved, the following conditions shall apply: 1. The Conditional Use Permit shall be recorded at the Dakota County Recorder's Office within 60 days of approval. 2. On-sale liquor sales shall comply and be operated in accordance with all relevant state laws and regulations. Eagan Boundary Right-of-way Location Map Park Area Area k Area Building Footprint o r _ 0 Y e ~ w~xwoo° r.wT 6 n O b~ 9 b o q r$ r b - Subject Site DOUNTY ROAD -ZA C3 e i A q~' O I ' T°NN CEMIIE °NV! 0° 000 00 aoo 000 1. as o _ o - ~ . E t 4 o a Do d Q S a 8 °uc.rN°o °NVe 4 O Q ~ a 6~ 4 ~ CJ azo C=7 Q " C) ,a T 4 Q~ CJ c [ LS ~ c.rmuooewie p p "75 O a a k_ e Qp 0 4 9 a Bd Q p~ $ fl C t; D 12 t3 ~ o°d-~ ° ~ 0 Quo a~- ~ _ p Q;p Q8o ti p9~"p CJ R _ Q p . Q a ~ a o m pQ, o o 'o d 9b❑a 9 x x P t . W y Q - 3 x a Q- 4"" "'''O 4 D b C o ' 44 d~ OQ u ~~Q q 'b Cd 6° d D* Q qt O [ 8 0 0$ poa~ O. 4 o~F 1000 0 1000 2000 Feet Development/Developer. Cafe Chili Peppers Application: Conditional Use Permit Case No.: 15-CU-06-03-08 194 N City of Eap THIS MAP IS INTENDED FOR REFERENCE USE ONLY W+li The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Cafe Chili Peppers Conditional Use Permit Land Use Map 15-CU-06-03-0$ Zoning Map P° COUNTY ROAD NO.28 (YANKEE DOODLE ROAD) P G PD -in PD Location PD PD Current Zoning: CSC PD CSC PD Community Shopping Center s CS CsC PD R- PD a CSC x PD PD U ® i PD 600 0 600 1200 Feet P~ ` e~S1V1~7 R• Comprehensive Guide Plan Land Use Map SA U, V I Ll L COUNTY ROAD NO.28 (YANKEE DOODLE ROAD) A SA SA SA Location A SA SA Current Land Use Designation: A SA SA Special Area SA SA L H SA a L 3 Y SA Sg SA s 600 0 Goo 1200 Fast - ^ Parcel base map information providedby Dakota County Land Survey Department Decmber 2005. N ~ / tali / ~ Zoning information maintained byCity Stall City of Eap THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E The City of Eagan and Dakota County do not guarantee the accuracy of this information. 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Is U LL K F Ji (9 O ❑ 1 ❑ Z ❑ ❑ V~ n~n ~-LL l~ 1 I r---- IJ 1.1 _~_x____ I 11,1 1 J I - - • t IIVI 1 _ I 11 1 I I 1 I I 1 1 111 M■■■■ I I Y I I I 1 4-'F' I ~1 I 1 i__ _ _ I 1 1 I_I I ~ III • 4---- 1 i /liJ a I^I 1`I ■ t o 1 1 j j I QI oe L.... r I 11 1 1 I, 1 -j I O I ix L------ 1 1 1 +e __3 r i it 1 l0 1 00 1 L_J Fouu 1 < 1 ClT ~ 1 1I ®1 1 7 O T ® 1111 i xv I 1 0 = RECEIVED MAR 1 9 1000, FLOOR PLAN HILI PEPPERS CAFE C 11 EAGAN~MN HOCKENBERGS ME FOOD SERVICE EQUIPMENT 6 SUPPLY ® xaw.uxeoul.oee xawee. mxxuroua-wxeaecm 1 KA50TA AVE MINNEAPOLI3~ MN 55671 7a ==.:,q j RR! 612.331-,3DO Fax 612.3624470 O EQUIPMENT PLAN Cafe Chili Peppers, USA Conditional Use Permit Checklist • Application Form Fee - $350 paid check #1030 • Escrow Deposit Fee - $1000 paid check #1031 • Legal Description - Lot 1 Block 1 & Outlot D of Town Center 70 First Addition, • (PID) 10-77026-020-01 • Certified mailing list and labels -Certified list of owners provided by Edina Realty Title. • Escrow Deposit Agreement Cafe Chili Peppers, USA LLC requests approval for a Conditional Use Permit allowing the sale of Fast Casual Mexican Cuisine to include bottled beer, wine, and margaritas. Cafe Chili Peppers has negotiated a lease to take over the vacated Moe's Southwest Grill location within the Town Center Shopping Center. The space is the perfect fit for the Cafe Chili Peppers concept with minor alterations necessary to include replacement of cooking equipment, which was removed by previous tenant, interior artwork, and new exterior signage. With the minimum amount of changes needed, we would plan to be open 60 days after receiving necessary licenses and permits. The ownership group of Cafe Chili Peppers, USA includes three principles with over 60 years combined restaurant management experience to include Old Country Buffet, HomeTown Buffet, Sizzler, Jack in the Box, Arbys, and Raising Cane's Chicken Fingers. The Eagan location would be the first of several planned openings over the next twelve months. RECEIVED MAR 1 9 Agenda Information Memo May 6, 2008, Eagan City Council Meeting D. ON-SALE LIQUOR AND SUNDAY LICENSE FOR CAFE CHILI PEPPERS USA LLC DBA CAFE CHILI PEPPERS LOCATED AT 1282A TOWN CENTRE DRIVE ACTION TO BE CONSIDERED: To approve the on-sale liquor and Sunday license for Cafe Chili Peppers USA LLC dba Cafe Chili Peppers located at 1282A Town Centre Drive. FACTS: ➢ Cafe Chili Peppers USA has applied for an on-sale liquor and Sunday license. The restaurant is expected to open in May. ➢ Approval of a Conditional Use Permit is necessary to allow liquor sales at this location prior to approval of the liquor license. Cafe Chili Peppers will be opening in the former Moe's Southwest Grill location. ➢ 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): Agenda Information Memo May 6, 2008, Eagan City Council Meeting E. PLANNED DEVELOPMENT AMENDMENT - WHITE HOUSE CUSTOM COLOUR ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) to allow an increase in the size of the office/ warehouse/manufacturing building at 2840 Lone Oak Parkway, legally described as Lot 1, Block 1, Waters Annex, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The applicant is requesting approval of a Planned Development Amendment to allow a two-story building and an increase in the allowable building size from 54,800 to 75,339 sq. ft. ➢ The proposed expansion is larger than the Final Planned Development Agreement permits due to a larger building footprint and a partial second level. ➢ The architectural design and materials are consistent with the original building and approved Planned Development. This second phase expansion also includes underground parking. ➢ Typical performance standards and other requirements of the Final PD Agreement are satisfied. ➢ In anticipation of another future expansion, White House Custom Colour is acquiring additional land to enlarge their parcel to the south. That third phase expansion will require a new amendment to this Planned Development. ➢ The APC held a public hearing on April 22, 2008 and recommended approval. ISSUES: None 60-DAY AGENCY ACTION DEADLINE: May 17, 2008 ATTACHMENTS 3): Location Map, page t ou April 22, 2008 APC minutes, pages tlwe~ Planning Report, page b-7 through Eagan Boundary Right-of-way Para Location Map O ParkArea k Area C Building Footprint MENDOTA HEIGHTS ~e ewne»Rp 14 p s % L~ Subject Site 4N Lf ~ 0 O 0. Np / ss ~ ~°'s , P- o, L ~ ~o 0 ~ ~ O v p C.5JLH. NO. 16 (LONE OAK RD.) r- nn © e ~ g p p r- sT, re rRuNK NwY °O . N0. 66 0 6 ,d o »O.D f\ ~it~ 1000 0 1000 2000 Feet Development/Developer: White House Custom Colour Application: Planned Development Amendment Case No.: 01-PA-04-03-08 n N City y of Eapn THIS MAP IS INTENDED FOR REFERENCE USE ONLY W+E d 666 The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. E. White House Custom Colour Applicant Name: RJ Ryan Construction Location: 2840 Lone Oak Parkway; Lot 1, Block 1, Waters Annex Application: Planned Development Amendment A Planned Development Amendment to increase the size of the building. File Number: 01-PA-04-03-08 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated April 16, 2008. She noted the background and history. Jack Grotkin, RJ Ryan, was available for questions. 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 Zoberi moved, Member Heaney seconded a motion to recommend approval of a Planned Development Amendment to allow an increase in the size of the office/warehouse/manufacturing building at 2840 Lone Oak Parkway, legally described as Lot 1, Block 1, Waters Annex subject to the following conditions: 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office, and proof of recording shall be provided to the City. 2. This Amendment permits a building with a foot print containing 57,922 square feet; which has 64,447 square feet of office/manufacturing space, 10,892 square feet of storage space, and 20,609 square feet for underground parking, as shown on the approved Site Plan. 3. All mechanical equipment shall be screened from views from adjacent properties and streets according to City Code standards. 4. This Amendment is intended to supplement and amend the existing Final Planned Development Agreement. All other conditions in the Final PD Agreement remain in effect. A vote was taken. All voted in favor. Motion carried: 7-0. Member Dugan clarified that the excavation occurring on the subject site is consistent with the original Planned Development approval. PLANNING REPORT CITY OF EAGAN REPORT DATE: April 16, 2008 CASE: 01-PA-04-03-08 APPLICANT: RJ Ryan Construction, Inc. HEARING DATE: April 22, 2008 PROPERTY OWNER: White House APPLICATION DATE: March 18, 2008 Custom Colour REQUEST: Planned Development Amendment PREPARED BY: Pamela Dudziak LOCATION: 2840 Lone Oak Parkway COMPREHENSIVE PLAN: SA, Special Area ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of Planned Development Amendment to increase the size of the building at 2840 Lone Oak Parkway, legally described as Lot 1, Block 1, Waters Annex, in the SW'/a of Section 1. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. . That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. ~b Planning Report - April 22, 2008 White House Custom Colour Page 2 E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. 1. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." 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 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. Planning Report - April 22, 2008 White House Custom Colour Page 3 BACKGROUND/EXISTING CONDITIONS The property is guided SA, Special Area and is designated for office use in the Special Area Plan that includes this property. The property is currently zoned PD, Planned Development, and is generally considered similar to the RD, Research and Development, zoning district. The site is platted as Lot 1, Block 1, Waters Annex. A subdivision of the property (Waters Annex 2nd Addition) has been approved, but not yet recorded, increasing the size the subject parcel. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Northwest Airlines PD, Planned Development SA-O/S South Office/warehouse PD, Planned Development SA-O/S; SA-BP East Ecolab PD, Planned Development SA-O/S West LISPS; Office/warehouse PD, Planned Development SA-BP EVALUATION OF REQUEST Proposal - The Final Planned Development for this property specifies a one-story 54,800 sq. ft. building. The first phase construction of the White House Custom Colour building was completed in 2006, and they are now ready to do the second phase expansion. The total square footage of the proposed expanded building is 75,339 sq. ft., 20,539 sq. ft. larger than specified in the Final PD Agreement. In addition, the building includes a partial second level, contributing to the larger building size. The expansion also will have underground parking providing 44 parking stalls. Evaluation - The existing building occupies a 34,239 sq. ft. footprint. With the initial building permit, Planning staff was unaware of the partial second level because the site drawings identified only the footprint area. That partial second level is , an additional 11,055 sqft., for a total building area F; of 45,294 sq. ft. The second level is finished but not`' - " occupied space, and houses equipment used in White r~ House Custom Colour's production process, as well as building mechanicals. White House Custom Colour is proposing a second phase construction which will expand the footprint of the building 23,683 sq. ft. and includes a partial second level consisting of an additional 6,362 sq. ft. This addition adds 30,045 sq, ft. to the existing 45,294 sq. ft. building, bringing the total building area to 75,339 sq. ft. (The applicant's narrative makes reference to Planning Report - April 22, 2008 White House Custom Colour Page 4 increasing the building size to 92,500 sq. ft. These calculations use round numbers and also includes the underground garage.) White House Custom Colour anticipates a third phase building expansion sometime in the future. This PD Amendment amends only the existing Final PD approval to allow a larger building on the existing parcel. In anticipation of a third phase expansion, White House Custom Colour is acquiring additional land to enlarge their parcel to the south. However, further expansion of the building will require another Amendment to the PD. Performance Standards - The architectural design and materials are consistent with the original building and approved Planned Development. The majority of the building is 23 feet in height, the two-story portions are 31 feet. The building requires 216 parking stalls. With the underground parking (44 stalls), 219 stalls are provided, with another 21 stalls shown as proof or parking. Grading, storm drainage and water quality were provided with the initial development. Water and sanitary sewer services were also provided to the property with initial development. SUMMARY/CONCLUSION The applicant is requesting approval of a Planned Development Amendment to allow a two- story building and an increase in the allowable building size from 54,800 to 75,339 sq. ft. The proposed expansion is larger than the Final Planned Development Agreement permits due to a larger building footprint and a partial second level. Typical performance standards and other requirements of the Final PD Agreement are satisfied. In anticipation of another future expansion, White House Custom Colour is acquiring additional land to enlarge their parcel to the south. That third phase expansion will require a new amendment to this Planned Development. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow an increase in the size of the office/warehouse/manufacturing building at 2840 Lone Oak Parkway, legally described as Lot 1, Block 1, Waters Annex. If approved the following conditions shall apply: 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office, and proof of recording shall be provided to the City. 2. This Amendment permits a building with a foot print containing 57,922 square feet; which has 64,447 square feet of office/manufacturing space, 10,892 square feet of storage space, and 20,609 square feet for underground parking, as shown on the approved Site Plan. 3. All mechanical equipment shall be screened from views from adjacent properties and streets according to City Code standards. a~-~ Planning Report - April 22, 2008 White House Custom Colour Page 5 4. This Amendment is intended to supplement and amend the existing Final Planned Development Agreement. All other conditions in the Final PD Agreement remain in effect. V~ ae~ Eagan Boundary Right-of-way Location Map Parcel Area Park Area u Building Footprint MENDOTA HEIGHTS tl1E 091TN1N ap ~ a Q q o~ i ~ 1 1 } ono ~ 0 o Subject Site O o es ~ oM1 / ~ Q o ~ I ~~,Tth p R 'L 0 0 v sJ C.SJLH. NO. 26 (LONE OAK RD.) p" 6P v ~~f ~ ~ ~ 0 ° ~ 0 ~~WaelN fD ~ G a u 3 0o r--~ ~ ~p 0 740/NK NNO, 55 l O up O Q oo d rl _ I ~ _ 1000 0 1000 2000 Feet Development/Developer. White House Custom Colour Application: Planned Development Amendment Case No.: 01-PA-04-03-08 ry 13 N City of Eap THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan White House Custom Colour Land Use Map PD Amendment 01-PA-0403-08 Zoning Map 20 1j > PD PD m MeRl~i ^AFDT raa~ BP PD Location Current Zoning: PD Y yw PD Planned Development PD PD °A PD 9 PD wee y '*e oyy t'a y PF 4!- yo PD A 600 0 600 1200 Feet Comprehensive Guide Plan SA 0 Land Use Map 3SA SA Location SA Current Land Use Designation: SA SA SA Special Area SA mA 9 a ~~e p e `yF y SA SA IND yo s m 600 0 600 1200 Feet parcel base map information providedby Dakota County Land Survey Departmert Decmber 2005. N Zoning information maintained byCity Staff City of Ea p oZ d W E ~I ~ THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. 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Mendota Heights Road Mendota Heights, MN 55120 (651) 681-0200 Fax (651) 681-0235 March 18, 2008 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Attn: Ms. Pamela Dudziak, Planner Re: Amendment to the Plan Development for White House Custom Colour Lot 1, Block 1, Waters Annex Eagan, MN Dear Ms. Dudziak: On behalf of White House Custom Colour and R.J. Ryan Construction, we would like to submit this letter and the attachments for the request for an amendment to the plan development of the above referenced project. Due to the increased business activity and success of the current White House Custom Colour project, which was completed in 2007, we are requesting an amendment to the plan development to increase the size of the Phase II building from the original request to a larger building and site development. Currently the existing building consists of a 45,300 sq. ft. office/manufacturing and warehouse building. The current amendment allows for an expansion of 17,500 sq. ft. of additional space bringing the building foot print allowable to 62,500 sq. ft. We are requesting under the Phase II addition to increase the building foot print size to 92,500 sq. ft., which includes a second story mechanical storage area with a small amount of warehousing and a 20,000 sq. ft. underground parking garage area. The addition to the building will be consistent with the design of the original construction and development, including exterior facades, parking, landscaping, exterior lighting, and signage. Site drainage would be in conformance with the existing ponding and stormwater management, which was developed to handle the storm water management of the Waters Annex for this district. Existing water and sanitary sewer would be taken from the existing services and wo require no further extensions from city services. EAR T M 008 An Equal Opportunity Employer This amendment would allow White House Custom Colour to expand their business ahead of their original projections and allow them to keep their expanding business opportunities in the city.of Eagan. White House Custom Colour has acquired additional land from the land owner to provide the additional land requirements for this building expansion. We thank you very much for your attention and review of this request for the amendment to the plan development and look forward to working with the city of Eagan on this and any future expansions of White House Custom Colour. If you have any questions, please do not hesitate to call. Sincerely, R.J. RYAN CONSTRUCTION, INC. Jack Grotkin Co-President JG.jk WHCC Building Add-let to city 3-18-08 AGENDA CI OF EAG GUI. MEETING OFT ECONOMIC DEVELOPMENT AUTHORITY EAG NICIPAL CENTER Y 6, 2008 A. CALL TOO ER B. OPT AGENDA C. CONSENT AGENDA 1. Approve EDA Minutes D. OLD BUSINESS 1. SOUTHEAST EAGAN DEVELOPMENT DISTRICT - Consider Extension of Timeline for District Certification E. NEW BUSINESS F. OTHER BUSINESS G. ADJOURN Agenda Information Memo Eagan Economic Development Authority Meeting May 6, 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. CAIN. TOO ER 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 the Consent Agenda as presented or modified. T e mm*utes of the April 15, 2008 EDA meeting are enclosed on ® NU zs)Le MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota April 15, 2008 A meeting of the Eagan Economic Development Authority was held on Tuesday, April 15, 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, Public Works Director Colbert and City Attorney Dougherty. ADOPT AGENDA Commissioner Tilley moved, Commissioner Fields seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 CONSENT AGENDA Commissioner Tilley moved, Commissioner Bakken seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 1. It was recommended to approve the minutes of the April 1, 2008 EDA meeting. OLD BUSINESS There were no Old Business items. NEW BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT AUTHORIZE SUBMITTAL OF ENVIRONMENTAL ACTION PLAN AND GRANT APPLICATION FOR_FORMER SHELL STATION, 3830 SIBLEY MEMORIAL HIGHWAY Community Development Director Hohenstein discussed this item regarding an environmental action plan and grant application for the former Shell Station, 3830 Sibley Memorial Highway. Commissioner Fields moved, Commissioner Tilley seconded a motion to authorize the submittal of a Development Response Action Plan and Grant Application for Environmental Remediation of the former Shell Station, 3830 Sibley Memorial Highway. Aye: 5 Nay:0 o°Za5 OTHER BUSINESS There were no Other Business items. Commissioner Fields moved, Commission Tilley seconded a motion to adjourn the EDA meeting at 8:46 p.m. Date Thomas Hedges, Executive Director O°~~CQ Agenda Memo Eagan Economic Development Authority Meeting May 6, 2008 1. SOUTHEAST EAC REDEVELOPMENT DISTRICT - SET DEADLINE FOR CERTIFICATION ACTION TO BE CONSIDERED: To extend the deadline for the completion of certification of the Southeast Eagan TIF District. FACTS: ® The City authorized the creation of the Southeast Eagan Renewal and Renovation District on May 16, 2006 to provide a funding mechanism to assist with the extraordinary costs associated with the assembly and redevelopment of properties in the area of Red Pine Lane and Biscayne Avenue. ® The boundaries of the district are defined by lot lines created by the Red Pine Crossing subdivision. That being the case, the TIF Plan cannot be accepted by Dakota County for certification until the subdivision is recorded. Revestors, the developer of Red Pine Crossing, has requested several extensions for recording of the subdivision, while they pursue the anchor tenant for the development. ® City staff has advised the developer of the need to take these steps in a timely manner, but neither the City Code nor Minnesota Statutes has a timeline beyond which the actions terminate. ® Ehlers and Associates and the City's bond counsel have researched the potential effect of a substantial delay between the approval of a TIF district and its certification. Their findings are outlined in the letter, which is attached. ® At its meeting of January 3, 2008, the EDA approved a deadline of April 15, 2008, by which the developer was to have recorded the preliminary subdivision or to have applied for any changes in prior approvals that would permit the subdivision to be recorded and the district to be certified. ® Since that time, the developer indicates that he has engaged in substantial negotiations with a grocery tenant that would anchor the development, but who may require some reconfiguration of the current subdivision boundaries. The developer is requesting an extension of the deadline to finalize negotiations and, if necessary, apply for a modification of the subdivision, prior to certification of the TIF district. ® The developer has requested an extension of time to submit any revised development applications to August 20, 2008. If this request is approved, staff would recommend that an additional deadline be established for the developer to have recorded either the current subdivision or a modified subdivision by December 17, 2008, to permit certification of the TIF district by the end of 2008. ® If the developer fails to meet either deadline, staff would recommend discontinuation of the TIF district. If that occurs, no increment would be captured for use in offsetting the costs anticipated when the district was originally d approved and the developer would be obligated to absorb any costs for assembly and demolition that might otherwise have been eligible for reimbursement. A'TT'ACHMENT'S ® Staff letter regarding original deadline on page ® Developer letter on page ® Location map on pages_3 o?a ~ I January 7, 2008 Tim Anderson Revestors Realty 3000 County Road 42 W, Suite 300 Burnsville, MN 55337 Dear Tim: In consideration of the conversation that we had with Quinn Hutson on December 28, City staff reported to the Eagan City Council and Economic Development Authority that steps were being taken to explore the modification of the subdivision for the Red Pine Crossings development and that that applications to that effect are expected to be processed over the next several months. Recognizing this potential proposal, in action taken at its meeting of January 3, 2008, the Eagan City Council and Economic Development Authority set a deadline of April 15, 2008 by which one of two things will need to have happened - either the application for a modified subdivision and clarified Tax Increment Financing plan will have been submitted and processed through the Advisory Planning Commission or the existing subdivision will have been recorded to permit certification of the original TIF plan. The purpose of this deadline is to cooperate with you in exploring an alternative to move the project forward in the near future, while still stressing the need to take steps to finalize the subdivision and certify the district or terminate the district. We appreciate your continued efforts to implement the development of this property. If you have any questions concerning the City Council and EDA action or this letter, please let me know. Sincerely, Jon Hohenstein Community Development Director Cc: Tom Hedges, City Administrator Gene VanOverbeke, Director of Administrative Services Bob Bauer, City Attorney May 1, 2008 Jon Hoht : r:: ; Cor- =r : Tnent Director ~1Y t;z ~_~yrlr, lad Eagan, MN ',512 Re: Southeast. Eagan TIF District D( a I wi, A.', VOL) have I in~'Cl activ ~Id 1,'.,d I e r lrI P, I ~ pl Cl - ,i , I to 1 €?r .;ry>" foi i3 ,_A1'~' ti-1:t 1_,(- flm! iA.,.+`--nL-Ii, ,n` Iy r717f5 n 1, . _ _ m. c I clroce{y our : .:1 r - t` antlCilJ~3tt ~1. With that slid. we havt I,~c()rtv )r)adp stnniftcant vvttti ;li ;ncitor tonant. ~-;,bkpt hedi, ts to subs-nit 1 than `p-r 008 i; 1 :11 teduest r t t - > the Sc n ELa.gan Tit Wt :Ar; r rely q), i_:Ieite the stij)[-l i aril ; i!-,'1 . rte` has pro% i,i( . this z„)ISl.tit" ~d il~ lil~~ "t .slw uutcurne of our amh( r n_~t yci evr;lopment tl 7f iht i;,t_F'I ~t`; u4 all parties involved, Inclurimfi tiv, tlnir_~tlil:il au~ic.fir~r !r'1);i)sl, rift) ly of Eagan, ar` . ~ M. - rvrrr yrs_biy nc udater` or- our progress. t`Vuosu Liu iju I,, S i', i rj(' if you have any (lue,: f it ~ns. Thank you and best: , f Tim a3C) 19 cus-) (1322) 4 m9~ $Jr37 1 OV1 2 fan,) R~-a W>) one ~0019~ Q' ~PIRTO C" 020-82 PART OF = ~Sf~LLI - (3-) cF- U) ozi-7e J~1 t it r~====1_1 _f ii (ants) 1 23031) 2 a7 Feet E3outhecast RedaveIopruent Area o 250 Soo and ` IF District No. `i-City of Eagan, Dako Redevelopment Area County, , State of Wnnesota / TIFArea a31 Agenda Information Memo Eagan Economic Development Authority Meeting May 6, 2008 F. OTHER BUSINESS There is no other business to come before the EDA at this time. G. ADJOURNMENT ACTION TO DE CONSIDERED: To adjourn the Economic Development Authority meeting.