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09/18/2007 - City Council Regular AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING September 18, 2007 6:30 P.M. 1. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA (At approximately 8: 00 p. m. the Council will take a short recess) III. RECOGNITIONS & PRESENTATIONS IV. CONSENT AGENDA f' 3 A. APPROVE MINUTES B. PERSONNEL ITEMS 10 C. APPROVE CHECK REGISTERS • 11 D. APPROVE On-Sale Liquor and Sunday License for ERJ Dining IV, dba Chili's Grill & Bar, 3625 Pilot Knob Road - 12 E. APPROVE 7-1-07 to 7-1-08 General Insurance Renewal p, 13 F. APPROVE Extension of a Conditional Use Permit to allow a restaurant on Lot 1, Block 1, Spectrum Addition IF. 15 G. EXTENSION of Recording Conditional Use Permit and Final Plat for Rick Skinn Addition p 17 H. APPROVE 2007 Tobacco License for Ibrahim Aqel, dba Eagan Cigars & Tobacco Store, 3450 Pilot Knob Road ,101. RECEIVE Bids & Award Contract 07-05 (2007 Roof Repair) p. 21 J. APPROVE Plans & Specifications and Authorize Advertisement of Bids for Contract 07-07, South Dodd Road Sanitary Sewer Lift Station Improvements 1.22 K. APPROVE No-Parking Resolution, Ames Crossing Road fe 23 L. APPROVE Supplemental Agreement No. 4 for Contract 06-01, TH 149 Reconstruction f. ZU M. APPROVE MPCA Grant Application for Low Impact Development Ordinance Revisions p. ,'lliPN. ACCEPT Non-Degradation Review and Adopt Record of Decision for Submittal to MPCA .31 O. AFFIRM Decision On Delineation Report For Marsh Lake Wetland Areas, Contract 07-06 (Lebanon Hills Regional Park & Long Acres Storm Sewer Improvements) R 32 P. APPROVE Change Order No. 1 for Contract 06-08 (North Ridge Dr. - Storm Sewer Improvements) Q• Q. RECEIVE Preliminary Assessment Roll and Schedule Final Assessment Public Hearing (October 16, 2007) for Project 918 (Pilot Knob Road & Lone Oak Road - Street Upgrade) R 55R. RECEIVE Preliminary Assessment Roll and Schedule Final Assessment Public Hearing (October 16, 2007) for Project 944 (Killdeer Add - Street Overlay) P. 3W. RECEIVE Preliminary Assessment Roll and Schedule Final Assessment Public Hearing (October 16, 2007) for Project 945 (Sheffield Add - Street Overlay) P 37 T. APPROVE Lease for T-Mobile at O'Leary Park P~ W. APPROVE Extension of Recording Final Subdivision for Red Pine Crossing V. PUBLIC HEARINGS VI. OLD BUSINESS LICK. PLANNED DEVELOPMENT AMENDMENT -Potbelly Sandwich Works- A Planned Development Amendment to allow outdoor patio seating located at 1298 Promenade Place on Lot 2, Block 1, Eagan Promenade in the SW '/4 of Section 10. VII. NEW BUSINESS P. 55A. INTERIM USE PERMIT - Building Material Outlet Midwest - An Interim Use Permit to allow outdoor storage located at 2795 Hwy. 55 on Lot 8, Robert O'Neil Homestead in the SW '/4 of Section 02. VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY - There are no EDA items to be considered at this time X. ADMINISTRATIVE AGENDA / COUNCIL COMMENTS XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. CLOSED SESSION XIIL ADJOURNMENT The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96. hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. City of Eapn ma TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: SEPTEMBER 14, 2007 SUBJECT: AGENDA INFORMATION FOR SEPTEMBER 18, 2007 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the September 18, 2007 City Council agenda, the following items are in order for consideration. I Agenda Information Memo September 18, 2007 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 September 4, 2007 regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the September 4, 2007 regular City Council meeting are enclosed on pages 3 through MINUTES OF A REGULAR MEETING OF THE AN EAGAN CITY COUNCIL FT Eagan, Minnesota September 4, 2007 A Listening Session was held at 6:00 p.m. in the Eagan Room prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Fields, Tilley and Bakken. Joe Jensen, owner of Massage Envy Massage Center, was present to discuss the possibility of the City accepting background checks that are conducted by an independent company rather than having to pay the $100 fee for the Eagan Police Department to conduct background checks. The Police Chief was directed to discuss the background check procedures with Mr. Jensen. A regular meeting of the Eagan City Council was held on September 4, 2007 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Carlson, Tilley and Bakken. Councilmember Fields was absent. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert; City Attorney Michael Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA Councilmember Bakken suggested that the order of item A and B under New Business be reversed. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the agenda as amended. Aye: 4 Nay: 0 RECOGNITIONS AND PRESENTATIONS Deputy City Clerk Mira Pepper administered the Oath of Office to newly appointed Fire Fighters. CONSENT AGENDA Item M was pulled from the Consent Agenda. The dates on Items J and O changed from September 25 to October 9, 2007. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the consent agenda as amended. Aye:4 Nay: 0 A. Minutes. It was recommended to approve the minutes of the August 21, 2007 regular City Council meeting and the August 14, 2007 Special City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Jacob Nicklay as Accountant/Utility Billing Specialist. C. Check Registers. Ratified the check registers dated August 23, 2007, and August 30, 2007 as presented. D. Donation. It was recommended to accept a $7,866 donation from the Eagan Citizens Crime Prevention Association for start up fees related to a police honor guard. E. Services Agreement. It was recommended to adopt a D.A.R.E. an Police Liaison Services Agreement between the City of Eagan and Independent School District # 196. F. Security Access System. It was recommended to award the contract to UHL company for the purchase, installation, training and maintenance of the Police Department, City Hall and Fire Administration Electronic Security Access System. G. Fire Records System. It was recommended to approve a resolution to allow the Dakota Communications Center (DCC) to pay for up to 50% of the data conversion expense for data conversion on the newly approved Dakota County Fire Records Management System (RMS). H. Lease. It was recommended to authorize the preparation of short term lease agreement for Community Action Council - Armful of Love Program at All American Recreation and authorize the Mayor and City Clerk to execute the agreement. 1. Extension for Recording Final Subdivision. It was recommended to approve a 120-day extension of time to record the Final Subdivision and Final Planned Development for Lo Nidy located at the southwest intersection of Yankee Doodle Road and Highway 149 in the NW '/4 of Section 13. Eagan City Council Meeting Minutes September 4, 2007 'Y/q r Page 2 r r J. Contract 07-06. It was recommended to approve the plans and specifications for Contract 07-06 (Lebanon Hills Regional Park / Long Acres - Storm Sewer Improvemems) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on October 9, 2007. K. Contract 06-01. It was recommended to approve Work Order Numbers. It was recommended to approve Work Order Numbers 19-21 for Contract 06-01, TH 149 Reconstruction. L. Contract 06-01. It was recommended to approve Supplemental Agreement Number 6 for Contract 06-01, TH 149 Reconstruction. M. PULLED FROM AGENDA N. Contract 06-01. It was recommended to approve a Damage Agreement for Contract 06-01 (TH 149 Upgrade - Street Upgrade and Trail improvements) with the owner of Parcel No. 10-01200-050-52 and authorize the Mayor and City Clerk to execute all related documents. 0. Contract 07-04. It was recommended to approve the plans and specifications for Contract 07-08 (Boulder Lakes Street & Utility Improvements and Lone Oak Road Trunk Water Main Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on October 9, 2007. P. Contract for Records Management System. It was recommended to award a contract for Records Management System to Image Trend. Q. Extension for Recording Plat. It was recommended to approve a 60-day extension of time to record the fmal plat for Oakview Center 2"d Addition, located south of Lone Oak Road and north of Highway 55 in the NW '/4 of Section 12. PUBLIC HEARINGS AMENDMENT TO 2007 COMMERCIALANDUSTRIAL PARK DEDICATION FEES City Administrator Hedges discussed this item regarding commercial / industrial park dedication fees, noting the Advisory Parks and Recreation Commission recommendation. Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve the resolution amending the 2007 Commercial/Industrial park dedication fees and authorizing the refund of fees already collected in 2007 that exceed the new calculation. Aye: 4 Nay: 0 NEW BUSINESS QUESTION OF PROPOSED CITY CHARTER TO A CITY SPECIAL ELECTION AND APPROVING THE TITLE FOR THE BALLOT QUESTION WAIVE THE COST FOR DISSEMINATION OF PROPOSED CHARTER AND APPROVE STATEMENT OF DISCLOSURE PER THE RECOMMENDATION OF THE CITY ATTORNEY City Administrator Hedges discussed a draft Charter that, on August 21, 2007, was submitted by the Charter Commission to the City Clerk. City Attorney Dougherty discussed the requirements of the Minnesota Statutes which dictates that the Council shall cause the proposed charter to be submitted at the next general election, occurring within six months after the delivery of the draft. City Attorney Hedges discussed the proposed language of the ballot question and the requirements in setting a date to be set for the election. Councilmember Carlson and Mayor Maguire stated that the City Council is not prompting this special election for a change in government. It was initiated by the Charter Commission. It was noted that the City has no discretion as to whether or not this question will appear on an upcoming ballot. Councilmember Tilley questioned the cost that the City would incur in holding this election. City Administrator Hedges noted that the cost is estimated at $30,000 and this item is not budgeted for 2007. Mayor Maguire opened the floor for public comment. Eagan City Council Meeting Minutes ^ September 4, 2007 AJ Page 3 ^j Pat Geagan, former Mayor of Eagan, spoke in opposition to the proposed Charter. Sherri Wallace, 3750 Pilot Knob Road, spoke in opposition to the proposed Charter. Ruthe Batulis, Northern Dakota Chamber of Commerce, announced that a forum will be held to inform the public on both sides of the proposed Charter issue on October 24 , 2007 at City Hall. Councilmembers discussed a proposed date for the election, the wording for the ballot, a disclaimer, and a possible amendment to the 2007 budget for the upcoming expense of the election and a bulk mailing providing pertinent information to the citizens of Eagan. Councilmember Bakken moved, Councilmember Councilmember Tilley seconded a motion to approve a Resolution Directing that the Question of a Proposed City Charter be Added to the November 6, 2007 Special Election and Approving the Title for the Ballot Question as "DECISION ON WHETHER TO CHANGE EAGAN' S FORM OF GOVERNMENT", for the ballot question on the proposed Charter. Aye: 4 Nay: 0 Mayor Maguire moved, Councilmember Tilley seconded a motion to waive the cost for dissemination of the proposed Charter and approve the statement of disclosure per the recommendation of the City Attorney which is to state "The City of Eagan and the Eagan City Council are not responsible for the content of this document". Aye: 4 Nay: 0 Councilmember Carlson moved, Councilmember Bakken seconded a motion to direct staff to prepare an election notice to be bulk mailed with a fact sheet to Eagan registered voters informing them of the Special Election and resulting voting location. Aye: 4 Nay: 0 Councilmember Tilley moved, Councilmember Bakken seconded a motion to amend the 2007 General Fund Budget to incorporate a $40,000 increase to the City Clerk Department to provide for the estimated cost of this election. Aye:4 Nay: 0 Councilmember Carlson moved, Councilmember Bakken seconded a motion to direct the City Attorney to draft a disclaimer to be brought back to the September 11, 2007 Special City Council meeting for discussion. Aye: 4 Nay: 0 Motion was made by Carlson, seconded by Bakken to move the Preliminary 2008 Budget item (Item B under New Business) to the last item under New Business. Aye: 4 Nay: 0 PLANNED DEVELOPMENT AMENDMENT - POTBELLY SANDWICH WORKS City Administrator Hedges introduced this item regarding a request for a Planned Development Amendment to add outdoor seating at 1298 Promenade Place. City Planner Ridley gave a staff report. The applicant was not present. Discussion was held regarding the amount of green space on this parcel and the Eagan Promenade as a whole. Staff explained that this retail area developed a number of years before the City adopted minimum green space requirements. The Mayor asked -if the required parking for this lot would still be met with the additional 28 (outdoor) seats added. Staff responded that the additional seating will not result in a parking shortage, based on the current standards. In the absence of the applicant, Council concurred to continue discussion of the item to the September 18, 2007 Council meeting. Councilmember Bakken moved, Councilmember Tilley seconded a continue consideration of a Planned Development Amendment to add outdoor seating at 1298 Promenade Place, legally described as Lot 2, Block 2, Eagan Promenade, in the SW '/4 of Section 10, to the September 18, 2007 Council meeting. Aye: 4 Nay: 0 Eagan City Council Meeting Minutes September 4, 2007 Page 4 PLANNED DEVELOPMENT AMENDMENT - GRAND OAK FARMERS MARKET City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow a seasonal Farmers Market at the Grand Oak Office Building located at 2805 Dodd Road. City Planner Ridley gave a staff report and reviewed discussions he had today with the applicant and Councilmember Carlson that resulted in revised conditions. The applicant was present and discussed the proposed Farmers Market. Councilmembers discussed the signage for the proposed market in regard to the Sign Ordinance. It was agreed that further discussion between staff and the applicant regarding directional signage should occur and be shared at a future Council meeting. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to allow a seasonal Farmers Market at the Grand Oak Office Building located at 2805 Dodd Road, legally described as Lot 1, Block 1, Grand Oak Five, in the NE 1/4 of Section 2, subject to the following conditions: 1. A Planned Development Amendment Agreement shall be executed and recorded at the Dakota County Recorder's Office within 30 days of City Council action. 2. The Farmers Market shall commence annually on the third Thursday of August and continue on successive Thursdays through October. 3. Hours of operation shall be from 3:30 p.m. to 6:30 p.m. 4. The vendor location shall be per the site plan received September 4, 2007. 5. The farmers market shall include farmers produce, food and flowers as well as ready made food and non- alcoholic beverages from local restaurants, not to exceed the 32 parking spaces per the Site Plan received September 4, 2007. 6. The following signage is allowed: a. One 3' x 6' temporary sign, limited to Farmer's Market event information, on 2805 Dodd Road (Lot 1, Block 1, Grand Oak Five) beginning the second week of August through the end of October. 7. This amendment shall expire at the end of June 2009. An application to extend the period shall be allowed without a new application fee and new Public Hearing; this item shall go directly to the City Council for consideration. REZONING AND FINAL PLANNED DEVELOPMENT - OAKWOOD EAST - DAKOTA COUNTY CDA City Administrator Hedges introduced this item regarding a requested rezoning from R-4, Residential Multiple, to PD, Planned Development of approximately 6.13 acres located at 2065 Park Center Drive. City Planner Ridley gave a staff report. Mark Ulfers, Director of the CDA, discussed the proposed affordable senior housing. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve a Rezoning from R-4, residential Multiple, to PD, Planned Development, of approximately 6.13 acres located at 2065 Park Center Drive, in the SE 1/4 of Section 30. Aye: 4 Nay: 0 Councilmember approve moved, Councilmember seconded a motion to approve a Final Planned Development to allow construction of a new 55-unit 3-story apartment building for persons aged 55 and older upon approximately 6.13 acres located at 2065 Park Center Drive, in the SE 1/4 of Section 30, subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall execute a Final Planned Development Agreement which includes the following plans: • Site Plan • Building Elevations • Site Lighting Plan • Landscaping Plan Eagan City Council Meeting Minutes September 4, 2007 Page 5 2. The development shall be subject to compliance with City policies and ordinances regarding grading, storm drainage and erosion control, to be determined at the time of building permit. 3. The developer shall protect preserved trees' critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 4. The developer shall contact the City Forestry Division and wet up a pre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 5. Additional screening though evergreen and deciduous shrubs shall be provided and shown on the landscape plan at the time of building permit. 6. Building design shall be consistent with, and finish materials and colors shall match, the existing building and site amenities. 7. Trash storage shall be inside the building. 8. Prior to issuance of a building permit, the applicant shall consult with their lighting engineer to determine if adjustments in the lighting plan can be made to better illuminate the areas currently under 0.5 footcandles, provide more uniform light levels throughout the parking lot, and confirm that the lighting plan provides sufficient lighting for safety and security purposes. CERTIFICATION OF PRELIMINARY 2008 BUDGET AND PROPERTY TAX LEVY AND SETTING TRUTH-IN-TAXATION HEARING DATES City Administrator Hedges introduced this item regarding the preliminary 2008 budget and property tax levy. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the preliminary 2008 General Fund expenditure budget, including contingency, of $26,688,500, as follows and set the initial Truth-in-Taxation hearing date for Monday, December 3, 2007 with a continuation hearing date (if necessary) of Monday, December 10, 2007. Aye: 4 Nay: 0 • General Revenue Levy: General Fund $19,695,900 Election (Charter) 40,000 Major Street Construction Fund 2,310,203 Equipment Revolving Fund 950,712 General Facilities Renew/Replace Fund 460,334 Subtotal - General Revenue levy 23,457,149 Community Center bonds debt service 1,199,363 Cedarvale Special Services District 3,000 Total levy $ 24,659,512 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no update. The regular City Council meeting recessed at 10:40 p.m. and a meeting of the Economic Development Authority was immediately convened. The regular City Council meeting was reconvened at 10: 47 p.m. ADMINISTRATIVE AGENDA City Administrator Hedges noted that a Closed Session would be held in regard to the MAC litigation. VISITORS TO BE HEARD Jack Conrad, representing Friends of the Eagan Core Greenway, discussed and invited the Council and public to the upcoming Greenway Musical Festival, which is a benefit for the Eagan Core Greenway fund. 1 1 -7 Eagan City Council Meeting Minutes September 4, 2007 Page 6 Five residents were present to discuss and oppose the recent settlement agreement regarding the Diffley Marketplace development. Councilmember Bakken moved, Councilmember Tilley seconded a motion to adjourn the meeting at 11:10 p.m. Date Administrative Secretary / Deputy City Clerk 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. 8 Agenda Information Memo September 18, 2007 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. GIS Technician-- ACTION TO BE CONSIDERED: To accept the letter of resignation from Erin Schauer, GIS Technician. Item 2. CSO/Animal Control Officer-- ACTION TO BE CONSIDERED: To approve the hiring of a CSO/Animal Control Officer contingent upon successful completion of physical, drug and psychological testing. Item 3. Accountant/UB Specialist-- ACTION TO BE CONSIDERED: At the September 4, 2007 City Council meeting, approval was given to the hiring of a person to be named as an Accountant/UB Specialist. That person's name is Jake Nicklay. This item is informational only. 1 Agenda Information Memo September 18, 2007 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated September 6, 2007 as presented. ATTACHMENTS: • Check register dated September 6, 2007 is enclosed without page number. l~ Agenda Information Memo September 18, 2007, Eagan City Council Meeting D. APPROVE ON-SALE LIQUOR AND SUNDAY LICENSE FOR ERJ DINING IV, LLC DBA CHILI'S GRILL & BAR, 3625 PILOT KNOB ROAD ACTION TO BE CONSIDERED: To approve the on-sale liquor and Sunday license for ERJ Dining IV, LLC dba Chili's Grill & Bar, 3625 Pilot Knob Road. FACTS: ➢ The new owners of Chili's Grill & Bar, Ulysses Bridgeman, Jr., Troy Hanke, and Paul Thompson, have applied for an on-sale liquor and Sunday license with the City of Eagan. ➢ In addition to the Chili's located in Eagan, ERJ Dining IV, LLC is also purchasing the existing 76 restaurants in Minnesota, Illinois, Ohio and Indiana that are doing business as Chili's Bar & Grill. ➢ ERJ Dining IV, LLC is expected to acquire the Eagan Chili's Grill & Bar on November 1, 2007, which will be the effective date of the on-sale and Sunday license. ➢ 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 September 18, 2007 E. APPROVE 7-1-07 TO 7-1-08 GENERAL INSURANCE RENEWAL ACTION TO BE CONSIDERED: To approve the general insurance renewal for the period 7-1-07 to 7-1-08. FACTS: ➢ The City has received information for the general insurance coverages. The renewal proposed has been assembled through the efforts of Mark Julik and Ann Stanton of Arthur J. Gallagher & Co., the City's insurance representative. ➢ General insurance coverages include buildings and contents, equipment, automobile, general liability and numerous smaller areas of risk exposure. ➢ Official quotations were not solicited, but other markets have been reviewed through the years. The general conclusion is that there are no providers who can match the League of Minnesota Cities Insurance Trust (LMCIT) for both price and coverages. Consequently, we have only one quote from the LMCIT to present to the City Council for consideration. ➢ The insurance renewal is being presented to Council two months into the renewal period due to LMCIT processing delays. Appropriate coverage was bound and has been maintained during the past two months. ➢ The total premium is up 1% from the prior year as shown below. Changes in premiums from the prior year result from a combination of rate changes and experience factors. A detailed explanation of changes is not included in this packet, but is available upon request from the City Administrator's office. ➢ Per the conclusion reached by the City Council in May, the renewal approval includes waiving the monetary limit on tort liability. If the City Council wishes to address that option again, this item should be removed from the consent agenda for discussion. Increase Coverage 2006/2007 2007/2008 Amount Percent Property $ 129,619 $ 141,449 $ 11,830 9.1% Municipal Liability 196,687 191,750 (4,937) -2.5% Auto Liab & Damage 68,129 62,071 (6,058) -8.9% Mobile Property 9,912 11,197 1,285 13.0% Blanket Bond 2,192 2,096 (96) -4.4% Open Meeting Law 2,755 2,810 55 2.0% Boiler & Machinery 15,821 17,840 2,019 12.8% AD&D - Firefighters 2,272 2,272 - - Total premiums $ 427,387 $ 431,485 $ 4,098 1.0% ATTACHMENTS (0) Agenda Information Memo September 18, 2006 Eagan City Council F. EXTENSION OF CONDITIONAL USE PERMIT - SPECTRUM DEVELOPMENT GROUP, LLC ACTION TO BE CONSIDERED: To approve a one-year extension of a Conditional Use Permit for a restaurant in the BP, Business Park zoning district, on property located at 1030 Blue Gentian Road, legally described as Lot 1, Block 1, Spectrum Business Park, in the NW '/4 of Section 2. FACTS: ➢ The Conditional Use Permit was initially approved by the City Council on September 3, 2002, and has received extensions of the CUP approval in one-year increments in 2003, 2004, 2005 and 2006. ➢ The applicant is requesting another one-year extension of the CUP approval. ➢ A letter from the applicant dated July 17, 2007, states they are in the process of reviewing options for development of this lot for the development of this lot. ➢ With the one-year extension, the expiration date of the CUP will be September 3, 2008. ATTACHMENTS (1): Letter from Spectrum, page 14 13 CpEcrRum DEVELOPMENT GROUP, L.L.C. July 17, 2007 Mayor Mike Maguire, Mayor Peggy Carlson, Councilmember Cyndee Fields, Councilmember Paul Bakken, Councilmember Meg Tilley, Councilmember 3830 Pilot Knob Road Eagan, Minnesota 55122 RE: Conditional Use Permit Lot 1, Block 1 Spectrum Business Park Restaurant Lot Dear Mayor and Councilmembers: Spectrum Development Group, LLC respectfully requests an extension to its Conditional Use Permit on Lot 1, Block 1 Spectrum Business Park to allow a restaurant. Spectrum is in the process of reviewing its options for development of this lot. We look forward to working on yet another project in the City of Eagan and we do believe that it will be a great addition to the community. If you have any questions, please feel free to contact me. Thank you for your consideration. Sinc , c d V. orphew President Cc: Planning Department 14 1000 Blue Gentian Road • Suite 135 • Eagan, MN 55121 651.675.0500 0 Fax 651.675.2290 Agenda Information Memo September 18, 2007 City Council G. EXTENSION FOR RECORDING FINAL PLAT AND CONDITIONAL USE PERMIT (RICK SKINN ADDITION) ACTION TO BE CONSIDERED: To approve a 30-day extension for recording a Final Plat and Conditional Use Permit for Rick Skinn Addition to create one lot on approximately .70 acres located at 4890 Biscayne Avenue in the SE 1/4 of Section 36. REQUIRED VOTES FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The City Council approved the Final Plat on July 10, 2007. ➢ The City Council approved the Conditional Use Permit on January 16, 2007. ➢ The applicant is requesting a 30-day extension of the Final Plat and Conditional Use Permit as the mylars were inadvertently never sent to the County. ➢ With the 30 day extension, the expiration date to record will be October 17, 2007. ➢ A letter from the applicant is attached. ATTACHMENTS (1): Applicant's letter, page 15 1(40 Agenda Information Memo September 18, 2007 Eagan City Council Meeting H. TOBACCO LICENSE FOR IBRAHIM AQEL DBA EAGAN CIGARS & TOBACCO STORE ACTION TO BE CONSIDERED: To approve a Tobacco License for Ibrahim Aqel, dba Eagan Cigars & Tobacco Store at 3450 Pilot Knob Road. FACTS: • Ibrahim Agel has applied for a license to sell tobacco products at 3450 Pilot Knob Road • They will be doing business as Eagan Cigars & Tobacco Store - formerly under the business name of Eagan Smoke Shop, Inc. • The Police Department has reviewed the application and sees no reason to deny Agenda Information Memo September 11, 2007 Eagan City Council Meeting I CONTRACT 07-05,2007 ROOF REPAIRS ACTION TO BE CONSIDERED: Receive the bids for Contract 07-05 (2007 Re-roof South Treatment Plant and Fire Station #5), award a contract to John Dalsin & Sons for the Base Bid in the amount of $145,209 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City Council authorized the Operations and Facilities portion of the 2007-2011 Capital Improvement Program (CIP) and 2007 operating budget. • The bids for roof replacement addressed two buildings; the South Water Treatment Plant (Low bid = $103,322) and Fire Station #5 (Low bid = $41,887). The low bid totaled $145,209. Twelve bids were submitted for this contract. The total low bid was 36.9% below the Engineer's estimate. • At 2:00 p.m. on September 5, 2007, formal bids were received for this project. A copy of the bid tabulation is enclosed. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The low bid from John Dalsin & Sons has been reviewed by Inspect our consulting firm and found to be in order for favorable Council action. ATTACHMENTS: • Bid Tabulation, page • Location Map, page I 4b~ City of Eap SOUTH WATER TREATMENT PLANT & FIRE STATION NO.5 Re-Roofing Improvements Contract No. 07-05 EAGAN, MINNESOTA Bid Date: Wednesday, September 5, 2007 Bid Time: 2:00 p.m. Contractor Base Bid 1) John Dalsin & Sons $145,209 2) Aduddell Roofing $150,992 3) Palmer West Construction $153,045 4) Schwickert's $163,114 5) Nieman Roofing $166,000 6) Dalbec Roofing $169,600 7) Ettel & Franz $176,208 8) McPhillips Bros. $185,000 9) Peterson Bros. Roofing $191,450 10) M & S Roofing $193,985 11) Berwald Roofing $223,071 12) Thomas Finn Co $226,570 Engineer's Low Bid Engr Est Estimate Deviation South Water $170,000 $103,322 Treatment Plant -39.2% Fire Station No. 5 $60,000 $41,887 -30.2% Total $230,000 $145,209 -36.9% 19 f z W I- ~ X UGKWOOD DR. J ti l~J ROAD SILVER BELL RD WESCO I ■ CITY HALL / I J ~P \~`~~S(P DEERWOOD AVE. m O Z _ Y O 'z° DIFFLEY RO Il U m 10 ~y I Q Y ■ g CLIFF ROAD ■ South Water o Treatment Plant COVINGTON LU Y Fire Station o # 5 Z W Q LEBANON HILLS O 0 REGIONAL PARK Q IM _w O Y - tee- I O APPLE VALLEY e/10/07 2007 Roof Repairs City of Ea Ran Fig. 2 Contract 07-05 Engineering Department Agenda Information Memo September 18, 2007 Eagan City Council Meeting J. CONTRACT 07-07. SOUTH DODD ROAD UTILITY & LIFT STATION IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract 07-07 (South Dodd Road Utility and Lift Station Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, October 11, 2007. FACTS: • Contract 07-07 provides for the public water main, sanitary sewer and lift station improvements to serve the pending Dodd Parkside and Marsh Cove developments, and surrounding area (City Project No. 951), as outlined and discussed in the feasibility report for the project. • On June 19, 2007, the City Council held a public hearing for Project 951. After public testimony, the Council approved the project and authorized preparation of detailed plans and specifications for the 2007 construction season. • All of the easements or access rights needed for the construction of said improvements have been agreed to by the impacted property owners. The developer of the Marsh Cove development will actually construct a portion of the improvements . included within the feasibility report for Project No. 951 that are located within his subdivision. • The plans and specifications have been completed by the City Engineer and are being presented to the City Council for their approval and authorization for the advertisement of bids. Agenda Information Memo September 18, 2007 Eagan City Council Meeting K. AMES CROSSING ROAD NO PARKING ACTION TO BE CONSIDERED: Approve a resolution to prohibit parking on Ames Crossing Road between Lone Oak Road and O'Neil Drive and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Ames Crossing Road is a planned major north-south collector roadway, between Lone Oak Road and O'Neil Drive in northeast Eagan. Segments of the roadway are in various stages of planning and construction, including some constructed within the Novus Addition (Trinity School) as well as the public project approved as part of the Boulder Lakes development (City Project No. 952). • It is desirable for the City to obtain the use of Municipal State Aid funding to reimburse the construction costs of the proposed new street construction within the Boulder Lakes development. • The design of Ames Crossing Road meets the State Aid standards for a major collector without on-street parking. • Minnesota Rules Chapter 8820 (State Aid standards) requires the prohibition of parking on all State Aid designated roadways where parking lanes are not provided. 2~ Agenda Information Memo September 18, 2007 Eagan City Council Meeting L. CONTRACT 06-01, TH 149 RECONSTRUCTION & UPGRADE (TH 55 - ALBANO TRAIL) ACTION TO BE CONSIDERED: Approve Supplemental Agreement Number 4 for Contract 06-01, TH 149 Reconstruction. FACTS: • The City of Eagan is the lead agency in partnership with the Minnesota Department of Transportation (MnDOT) for Contract 06-01 which provides for the upgrade of a 2.7 mile segment of Trunk Highway (TH) 149, beginning north of TH 55 and terminating in Inver Grove Heights at Albano Trail (south of Rich Valley Blvd/Co. Rd. 71). The upgrading of TH 149 to a 4-lane divided roadway includes a new traffic signal at the intersection of Wescott Road, and dedicated safety turn lanes at various street intersections. A trail will also be constructed along the east side between TH 55 and Wescott Road. • Supplemental Agreement No. 4 revises the pavement markings on the final street surface. Rather than epoxy paint pavement markings (City standard), MnDOT requires the use of poly pre-form, a more durable and longer-lasting material that is placed at the time of the paving. The Supplemental Agreement addresses a discrepancy in the plans and specifications. The increased costs associated with this addition will be financed by the Major Street Fund. (ADD $76,331.64). • The Public Works Department has requested funding from MnDOT to assist with the costs to upgrade the pavement marking materials. To date, MnDOT has not formally committed funds to assist with the upgrade of the pavement marking materials. • The costs associated with these Work Orders have been reviewed by MnDOT and determined to be consistent with bid prices received for relevant bid items on other projects within the metropolitan area. • The Supplemental Agreement has been reviewed by the Engineering Division and found to be in order for favorable Council action. Agenda Information Memo September 18, 2007 Eagan City Council Meeting M. POLLUTION CONTROL AGENCY GRANT APPLICATION LOW IMPACT DEVELOPMENT ACTION TO BE CONSIDERED: Approve a Minnesota Pollution Control Agency (MPCA) Application for a Conservation Design/Low Impact Development (LID) Grant regarding revisions to the City of Eagan City Code and construction specifications. FACTS: • On July 17, 2007, the City Council approved the updated Water Quality & Wetland Management Plan. As part of this new plan, Low Impact Development (LID) opportunities are to be pursued with new development and redevelopment efforts. • LID includes the implementation of rain gardens, infiltration basins, green roofs (Lebanon Hills Visitor Center), pervious pavement and other similar features that provide opportunities to reduce run off from entering the public storm sewer system. • The results of the pending Non-Degradation Review of the City of Eagan's MS4 permit, due to the MPCA on October 1, will very likely require the use of LID throughout the city, including within most developed areas. • The current City Code does not have ordinance language that addresses LID options. Consequently, recent interest by developers and property owners has been challenging for staff to address. Staff has limited knowledge of available engineering specifications for use on future public improvements and private developments. • The MPCA is offering financing for a local agency to develop ordinance and specification language to address LID. The funding would be directed towards the use of a consulting firm to work with city staff. • The MPCA wants to be assured of the Council's support of implementing and sharing such LID efforts before providing funding for a consultant to assist City staff with drafting appropriate ordinance and specification language. • The grant could provide funding up to $50,000. ATTACHMENTS: • Resolution, page RESOLUTION NO Supporting an Application for the MPCA Conservation Design/LID BMP Grant WHEREAS, the Minnesota Pollution Control Agency (MPCA) is looking for opportunities to partner with 4 to 6 cities on Conservation Design/Low Impact Development (LID) Best Management Practices (BMP's) to improve water quality; and WHEREAS, the partnering opportunities are in the form of grants to selected cities to work with private consultants, chosen by the MPCA, to work on water quality improvement projects; and WHEREAS, the Eagan City Code and Construction Specifications were written prior to most current Conservation Design/LID BMP's and thus do not address current technology; and WHEREAS, the City of Eagan recognizes the importance of protecting its surface water resources and desires to update the City Code and Construction Specifications to better address current Conservation Design/LID technologies. BE IT RESOLVED, the City of Eagan hereby requests the assistance of the MPCA in developing ordinance and construction specification language through the financing of a consultant; and BE IT FURTHER RESOLVED, the City of Eagan is prepared to make the final documents available to the general public so other government agencies across the state may use it as a model. Adopted this 18a' day of September, 2007. CITY OF EAGAN CITY COUNCIL By: Mike Maguire, Mayor Attest: Maria Petersen, City Clerk CERTIFICATION State of Minnesota County of Dakota City of Eagan I hereby certify that the attached Resolution is a true and correct copy of a Resolution presented to and adopted by the City Council of Eagan at a meeting thereof held in the City of Eagan, Minnesota, on the 18'h day of September, 2007, as disclosed by the records of said City in my possession. Maria Peterson, City Clerk Agenda Information Memo September 18, 2007 Eagan City Council Meeting N. MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) PERMIT NON-DEGRADATION REVIEW ACTION TO BE CONSIDERED: Accept the Non-Degradation Review of Eagan's MS4 Permit and Adopt a Record of Decision for Submittal to the Minnesota Pollution Control Agency (MPCA) by October 1, 2007. FACTS: • In 2006, the MPCA revised the Municipal Separate Storm Sewer System (MS4) permit program to require 30 municipalities from across the state to complete additional work called a "Nondegradation Review" (MN R. 7050.0185). The intent of the Review was to enable MPCA to determine whether the state's nondegradation rules are being met as a function of the permit requirements. • Eagan is one of the 30 selected municipalities to which this Nondegradation Review requirement applies and has a submittal deadline of October 1, 2007. • The review specifically addresses changes in storm water discharges according to the content of Total Phosphorus, Total Suspended Solids, and Water Volume, also known as a loading assessment, to points outside or downstream of the city boundary. Eagan's two lakes designated as impaired waters, Fish Lake and Schwan Lake, were also assessed at their discharge points. • A 30-day public comment period for the City of Eagan Nondegradation Review began on August 13, 2007, and ended September 11, 2007. Notification of the public comment period was provided via advertisement in the Thisweek Eagan newspaper and direct mailing to selected local officials, agencies (including the MPCA), and organizations interested in water quality issues. Copies of the public review draft were made available in the reference section of the Dakota County Library in Eagan, at the Eagan City Hall front desk, and on the City's water resources web site (www.cityofea ag n.com). • Written comments were received from the Gun Club Lake Watershed Management Organization (GCLWMO) and the Black Dog Watershed Management Organization (BDWMO). • The comments were minor and technical in nature pertaining to the modeling approach. Minor additions were made to address the modeling. Several minor grammatical revisions identified through internal review of the document were also made to the final document that will be submitted to the MPCA • Acceptance of the results and recommendations of the Nondegradation Review and submittal of the required elements to the MPCA are needed for compliance with Appendix D of the MS4 General Permit. ATTACHMENTS: Q • Executive Summary, Loading Assessment, pages thru Z / . • Evaluation Points Exhibit, page. CITY OF EAGAN - NONDEGRADATION REVIEW Executive Summary - Loading Assessment The purpose of this report is to present the methods and results for the pollutant loading assessment portion of the Nondegradation Review requirements of the National Pollutant Discharge Elimination System (NPDES) Phase II Municipal Separate Storm Sewer System (MS4) General Permit, Part X., Appendix D., Section B. Eagan is one of thirty MS4s in the state to which the Nondegradation Review requirement applies. The Nondegradation Review loading assessment provides calculated values that illustrate the degree to which the past and current Best Management Practice (BMP) applications have and can achieve compliance with proposed nondegradation loading criteria focusing on runoff volume, total suspended solids (TSS), and total phosphorus (TP). The PONDNET watershed model was selected as the primary tool for the Nondegradation Review loading assessment. The model estimates runoff volumes, TP, and now, TSS for a wide range of urban and non- urban land uses. The TSS component is a recent enhancement to the PONDNET model. It has been reviewed by MPCA staff who have indicated the calculation strategy was reasonable and would be adequate for the Nondegradation pollutant loading analysis. Selection of most input parameters was based largely on literature-cited values, but also includes Eagan-specific values developed as part of intensive monitoring efforts associated with projects completed under the MPCA's Cleanwater Partnership Program. Discussions were held with MPCA to get explain how key input parameters were chosen and develop a reasonable approach to performing the loading assessment. Proposed MPCA regulations require a comparison of conditions between Baseline (1988-1990) and Present (2000-2005), and between Present and Ultimate Development or the year 2020, whichever occurs first. The permittees are to use the best available data that best matches these milestone years. In Eagan's case, the land use information obtained for Baseline, Present and Ultimate Development corresponded to the years of 1990, 2005, and 2020, respectively. The approach for the loading assessment employs PONDNET as a watershed routing function to estimate TP load, total suspended sediment load, and runoff volume from a broad range of land uses that cover urban and non-urban conditions. The PONDNET model was adapted to account for 12 different land uses. These included agricultural, park, and open space on the non-urban end of the land use spectrum and four different residential land use categories, as well as officelservicelretail, limited industrial, public/quasi- public, park, golf course, and right-of-way land uses for the urban environment. Loading rates for each land use category were derived by an event mean concentration (EMC) for TP and TSS, and an annual volumetric runoff coefficient. Lastly, an average annual precipitation was used to derive the annual load from each land use. Table ES.1 summarizes the modeled differences in loadings for the three parameters for each of the three milestone years. City of Eagan Z-7 Project No: 49-07138-2 Nondegradation Review- Public Review Draft gonestroo Page 2 Table ES.1- Summary of Modeledtoadings for the Project Area e.e •.e e e e Baseline 4,200 1,060,000 8,100 Present 4,700 1,120, 000 11,000 Ultimate Development 4,200 1,040,000 11,000 Note: See Appendix C for the POWNET Model s actual output and an explanation of the significant figures criteria application. The results show that the City expects to meet Baseline loading conditions for TP and TSS for the Project Area under Ultimate Development. This is mainly a consequence of taking into account three factors in the modeling for the loading assessment: 1. Application of a 13% reduction in TP loading from residential properties due to historical and continued aggressive education efforts by the City to promote the use of no-phosphorus fertilizer and, recently, compliance with the phosphorus fertilizer use ban passed by the 2002 legislature. Documentation to support the reduction factor is presented in Section A2.10 of the Loading Assessment. 2. The application of updated standards to new development and redevelopment activities to control TP and TSS loading. These updated standards require new developments either to achieve a no- net-increase in TP and TSS loading or to meet a removal performance criteria of 50% for TP and 80% TSS, whichever is more restrictive, Further, all redevelopment activities must achieve no-net- increase in TP and TSS loading. 3. Meeting in-lake water quality standards established in the upgraded Water Quality and Wetland Management Plan (WQWMP) for TP in at least four high priority lakes in Eagan - Fish Lake, LeMay Lake, Carlson Lake, and Thomas Lake - by no later than 2020. Meeting the applicable in-lake standard will result in a significant reduction of phosphorus and suspended solids loading exported from the watersheds of each lake compared to the Baseline condition. Modeling indicates that these reductions will be sufficient, along with the previously described measures, to meet the Baseline loading condition for TP and TSS loading for the entire Project Area. Application of all of the above factors is well-supported in the WQWMP, adopted by the City Council in July 2007 and approved by all local water management authorities covering the City of Eagan. Further, modeling TP and TSS for the loading assessment should be considered conservative because it takes into account only four load reduction factors to control loadings beyond the Baseline condition: wet detention basins, phosphorus reduction from residential land uses consistent with state's phosphorus fertilizer use ban, the updated standards for new and re-development, and meeting in-lake phosphorus standards for four priority lakes. It does not attempt to quantify benefits associated with the City's street sweeping program, the City's present and future efforts to meet in-lake phosphorus standards for its other 26 priority lakes, and over 40 other Best Management Practices (BMPs) identified in the City's Stormwater Pollution Prevention Plan (SWPPP) In addition to estimating loads for the Project Area as a whole, the loading assessment also looked at loads at jurisdictional boundaries with two adjacent municipalities, Burnsville and Inver Grove Heights, as well as loads discharged directly to the Minnesota River complex from Eagan. The majority (89%) of the Project Area discharges directly to the Minnesota River complex, and the loading assessment indicates that the drainage area to the Minnesota River will meet Baseline loading conditions for TP and TSS under Ultimate City of Eagan Project No: 49-07138-2 Nondegradation Review- Public Review Draft Bonestroo Page 3 Development. The drainage areas within Eagan that discharge to adjacent communities are small (about 90 acres to Burnsville and 36 acres to Inver Grove Heights). Loading assessment results indicate slight increases in TP and TSS loads to both communities for the Present and Ultimate Development conditions compared to the Baseline condition. The total estimated annual load increase from the Baseline condition exported to both communities is less than 10 pounds and 2,000 pounds, respectively, of TP and TSS. With the consent of these neighboring communities, the City maintains this load increase is insignificant and does not warrant an additional and separate mitigation effort over and above the City-wide measures outlined above. Finally, comparative load estimates for the three time periods were also developed for the City's two nutrient-impaired waters, Fish Lake and Schwanz Lake. The City is beginning the process of developing a TMDUlake management plan for each lake. When implemented, these plans will assure the in-lake eutrophication standard established in the WQWMP is met, which will ultimately be a condition that is significantly better than the monitored condition of each lake in 1991 and reflective of Baseline loading conditions. The City's goal is to develop and implement management strategies so each lake meets the WQWMP eutrophication standards no later than 2020. Figure ES.1 shows the load estimation points: the three inter-jurisdictional boundaries and two impaired waters, as well as the Project Area. Lebanon Hills is shown as a separate drainage area because it does not discharge to the City's MS4 system for average year precipitation conditions. Water volumes are shown to increase with development in almost every instance. The City has a requirement in its WQWMP to infiltrate the first 1/2 inch of runoff from all surfaces for new development and redevelopment. However, this has not been included in the model because infiltration will not be possible in all areas of the city, such as in packets of Hydrologic Soil Group C or D type soils, in close proximity to bedrock or groundwater, or within a groundwater protection zone. Some opportunities may exist for the City to mitigate the increased runoff volume, which will be addressed in the Nondegradation Report (Part B). Finally, four restricted discharge waters lie within the City's jurisdictional boundaries. These include two designated trout streams (Harnack Creek and Kennealy Creek) and two fens (Nicols Meadow Area Fen and Gun Club Lake South Fen. As documented in the City's current Stormwater Pollution Prevention Plan, the City's MS4 system does not discharge to these resources, nor will it in the future (See BMP #6.e -1 in the City's SWPPP). City of Eagan Project No: 49-07138-2 Nondegradation Review - Public Review Draft Bonestroo Page 4 dpi 4p ~y.z .r •.--~s'i - ear ~r■~nL■■~■ ■ --wRowelmom was= in im a c°~ a a cam" . X`'a 1. i t 'mss - v 1 y Inter urisdibonal Discharge to the Fit 1 Minnesota River f. Fit, y` - ' rti ~n3 . 4TCFrr l a 1 " 40 Fi h Laka~ ~f L OkxN r ~~;r s y, t 0 0 { r t19a~ f r } 'r1 f ni r , ` .s'FruP J` ! ~r SchwanzLake' . c i 7y k ✓ k~ ~e + aF.t N •'F r i4T 41 eranon HMIs m , y 1t _ t u~,~ntnaa.na.ne•a na•n.aa~aaa.a~a.u~aaa.aae•aaa.aae•ue•nr■i a■ 47 q, a.. k y ~ 77 A kk ~$7 f- - K ,w+7 , ~ r a, r"" Anxm- ati `rx 000 v Feet ~t Municipal Boundary Clty of EaEan C3 Drainage Area to Inter-jurisdictional Discharge Points VALUATION POINTS Drainage Area to Impaired Waters 0 Impaired Waters .oading Assessment Evaluation Evaluation Points Punt igure ES.1 ugust 2007 ~5b Bonestroo ni ~nn~ ~ ~v~1~~A1(.I<I A~ID.ninrtlDnnnA Cin~ ne<1Linnro LC I L~nli ntinn Dninh mvrl Agenda Information Memo September 18, 2007 Eagan City Council Meeting 0. WETLAND DELINEATION - LONG ACRES OUTLET/LEBANON HILLS REGIONAL PARK ACTION TO BE CONSIDERED: Receive the Wetland Delineation Report and Affirm Its Approval. FACTS: • A wetland delineation report was submitted to identify the wetland boundary associated with Marsh Lake for the proposed regional stormwater project in Lebanon Hills Regional Park. • Minnesota Wetland Conservation Act (WCA) rules provide that the Local Government Unit (LGU) is responsible for wetland-related decisions. The rules allow decision authority to be placed with staff according to procedures established by the LGU. • On November 8, 2001, the City Council delegated the decision authority for exemption, wetland type, wetland boundary, and no-loss determinations to the Water Resources Coordinator while retaining approval authority for replacement and wetland banking plans. • Recent special interests and challenges to wetland-related decisions have resulted in administrative procedures whereby all authorized staff decisions are formally reviewed and affirmed by the City Council. • A wetland delineation report dated August 2007 was submitted for the City of Eagan by Bonestroo. • The report has been reviewed and the Water Resources Coordinator has determined it to be acceptable and in order for favorable Council action. Agenda Information Memo September 18, 2007 Eagan City Council Meeting P. CONTRACT 06-08, NORTH RIDGE DRIVE STORM DRAINAGE IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 1 to Contract 06-08 (North Ridge Drive Storm Drainage Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 06-08 provides for the construction of corrective storm drainage improvements to address recurring home flooding concerns in the North Ridge Drive neighborhood (City Project No. 939), specifically at 3865 North Ridge Drive. • On August 9, 2007, the City Council awarded the base bid for Contract 06-08 for the pipe work near 3865 North Ridge Drive only. • At that time, an alternate bid was not awarded for backyard re-grading to address home flooding concerns at 3849 North Ridge Drive, due to the lack of necessary easements to complete the work. • The easements for this work have now been received, and Change Order #1 provides for the addition of backyard re-grading work to Contract 06-08 to address home flooding concerns at 3849 North Ridge Drive (ADD $15,387.50 - same price as the alternate bid received). • The change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Location map of proposed work, page 3 32- DIFFLEY ROAD 9 3 Off. 3Bai ssss 953 3845 ~O aaao GoJQ" ,a, 3849 962 e,a 3851 3857 CHANGE ORDER 3861 GRADING 3865 ~O V ORIGINAL CONTRACT STORM SEWER pP~ PARK ROAD t,OR~NJ~E`~ Q F\fl DATE North Ridge Drive 7-09-07 Storm Drainage Improvements Agenda Information Memo September 18, 2007 Eagan City Council Meeting Q. PROJECT 918. PILOT KNOB ROAD & LONE OAK ROAD FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 918 (Pilot Knob Road/Lone Oak Road - Street Upgrade & Intersection Reconfiguration) and schedule a public hearing to be held on October 16, 2007. FACTS: • Project 918 provided for the widening of Pilot Knob Road to 5-lanes, between Central Parkway and Lone Oak Road, and the addition of left-turn lanes on Lone Oak Road at its intersection with Pilot Knob Road. The street improvements were completed as outlined and discussed in the feasibility report. • This project, constructed by Dakota County, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • A letter will be sent to the impacted property owners encouraging them to contact staff with questions or concerns prior to the final assessment hearing. Unisys and the City (Central Park) own the only two parcels to be assessed • The final assessments are equal to the estimate contained in the feasibility report presented at the public hearing held on February 1, 2005. Agenda Information Memo September 18, 2007 Eagan City Council Meeting R. PROJECT 944, KILLDEER ADDITION (JOYCE CT) - STREET OVERLAY - FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 944 (Killdeer Addition/ Joyce Court - Street Overlay) and schedule a public hearing to be held on October 16, 2007. FACTS: • Project 944 provided for the bituminous overlay of Joyce Court within the Killdeer Addition neighborhood, located south of Highway 55, and east of Highway 149. The street improvements were completed as outlined and discussed in the feasibility report. • This project, constructed under Contract 07-01, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners and address any concerns. • The final assessments are less than the estimate contained in the feasibility report presented at the public hearing held on January 2, 2007. 35 i Agenda Information Memo September 18, 2007 Eagan City Council Meeting S. PROJECT 945, SHEFFIELD ADDITION (SUDBERRY LN) - STREET OVERLAY - FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 945 (Sheffield Addition/ Sudberry Lane - Street Overlay) and schedule a public hearing to be held on October 16, 2007. FACTS: • Project 945 provided for the bituminous overlay of Sudberry Lane within the Sheffield Addition neighborhood, located south of Wilderness Run Road, and east of Lexington Avenue. The street improvements were completed , as outlined and discussed in the feasibility report. • This project, constructed under Contract 07-01, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners and address any concerns. • The final assessments are less than the estimate contained in the feasibility report presented at the public hearing held on January 2, 2007. i Agenda Memo September 18, 2007 City Council Meeting T. Approve a lease agreement with T-Mobile for space in O'Leary Park ACTION TO BE CONSIDERED Approve a lease with T-Mobile for ground space in O'Leary Park to accommodate cellular equipment control cabinets and authorize the Mayor and Clerk to sign said document. FACTS • The lease will allow the installation of control cabinets on ground space within O'Leary Park. • The cabinets are needed to accommodate the installation of control equipment for a T-Mobile cellular tower replacing an existing Great River Power pole within the right-of way of Lexington Avenue. • The installation will have no impact on the use of the park or amenities contained within. • As a condition of the lease, the area around the cabinets will be landscaped so as to better blend with the character of the park. • The proposal has been reviewed by the City telecommunications consultant. • The lease was negotiated and approved by the City Attorney. The terms and conditions being consistent with similar installations on City property. • The APrC has reviewed the proposal and voted to recommend approval. • The applicant has applied to Community Development for the permits required for installation. ATTACHMENTS None Agenda Information Memo September 18, 2007, Eagan City Council Meeting U. EXTENSION FOR RECORDING FINAL PLAT - REVESTORS COMPANIES (RED PINE CROSSING) ACTION TO BE CONSIDERED: To approve a 90-day extension of time to record the final plat for Red Pine Crossing, located south of Red Pine Lane and east of Hwy. 3 in the SE '/4 of Section 36. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The City Council approved the final plat on October 17, 2006, and three extensions of time to record the final plat have been approved. The most recent extension expires Sept. 13, 2007. ➢ Prior to the expiration date, the applicant requested another extension of the final plat approval. The current requested 90-day extension would allow until December 12, 2007 for the plat to be recorded. ➢ The plat has not been recorded, pending receipt of the financial guarantee. The applicant has previously indicated they expect to begin construction within the next few months and after their loan closing, they will then provide the letter of credit required by the City prior to recording of the plat. ATTACHMENTS (1): Letter from Tim Anderson, Revestors Companies, page i September 12, 2007 Pam Dudziak City of Eagan 3830 Pilot Knob Road Eagan, MN 551.22 Re Red Pine Crossing - Final Subdivision Dear Pam, With regard to Red Pine Crossing, we are requesting a 90-day extension for the final plat to be recorded at Dakota County. Enclosed is a cheek for the $75.00 extension fee. Please let me know if you have any questions. Best regards, Tim Anderson Cc: Quinn Hutson, CNH Architects 39 Agenda Information Memo September 18, 2007 Eagan City Council OLD BUSINESS A. PLANNED DEVELOPMENT AMENDMENT - POTBELLY SANDWICH WORKS ACTION TO BE CONSIDERED: To approve (or direct Findings of Fact for Denial) a Planned Development Amendment to add outdoor seating at 1298 Promenade Place, legally described as Lot 2, Block 2, Eagan Promenade, in the SW 1/4 of Section 10, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: At least three votes. FACTS: ➢ This item was briefly discussed, then tabled by the City Council on September 4, 2007 because a Potbelly representative was not present. ➢ Potbelly Sandwich Works has occupied approximately 2,300 sq. ft. of the 6,500 sq. ft. Blockbuster Video building since December, 2006. ➢ Potbelly Sandwich Works is a cafeteria style sandwich shop. Table service is limited. Dine-in seating capacity is 48 seats. 28 seats are proposed outdoors. ➢ The existing sod, mulch and foundation plantings are proposed to be replaced with planters, a railing, trash receptacles and patio umbrellas. ➢ The Advisory Planning Commission held a public hearing on August 28, 2007 and is recommending approval. ISSUES: ➢ The City Council suggested staff work with the applicant to mitigate the additional hard cover the outdoor seating area would create. ➢ Subsequent to discussions with staff, the applicant has revised the proposal to incorporate permeable concrete pavers that will actually result in more rain infiltration that what exists at this site today. ➢ The applicant's e-mail (attached) suggests striping and painting "No Parking" on the drive aisle; the City's Fire Marshal recommends the installation of two "No Parking - Fire Lane" signs. 60 DAY AGENCY ACTION DEADLINE: November 14, 2007 ATTACHMENTS (3): Potbelly E-Mail and attachments on pages through U of August 28, 2007 APC minutes on pa 97' Staff Report, pages ~ through uD i Untitled Page Page 1 of 2 Sarah Thomas From: Jill Lazzari [Jill.Lazzari@Potbelly.com] Sent: Monday, September 10, 2007 3:22 PM To: Sarah Thomas Cc: Kitty Carlson Subject: Potbelly Outdoor Seating Attachments: new landscaping plan A1.2B.pdf; bollard detail.pdf; AquaLoc paver system.pdf Sarah, Please find the attached plans for our location at 1298 Eagan Promenade. I am resubmitting these plans in response to the issues brought up at the September 4th City Council meeting. We are incorporating the necessary site features that are required (bollards, striping, etc.). Also, it is understood that the city would like to see added green space to the site, mainly due to the fact that we are removing existing landscaping for the addition of the paved outdoor seating area. Given the limitations we have with the building owner, Walter Fills, as well as our co- tenancy with Blockbuster, we are proposing the following changes to the plan: 1. Permeable Concrete Pavers: Rather than traditional concrete, we will install a permeable concrete paving system in the outdoor seating area (indicated on plan). Ideally, we would like to install this product on the entire paved walk around our portion of the building, but our construction team will need time to determine the project budget and overall cost of the product before we can decide this. This product will help to control stormwater runoff and provide an environmental benefit for decades to come. I have attached the information sheet for a local Minnesota-based product that has had successful installation and performance in the area. 2. Landscaping: We will remove the mulch and low-lying shrubberies that are currently against the building facade, and replace these areas with lush, native species which will require little to no irrigation. This will improve the aesthetics of the property as well as decrease water usage. 3. Bollards: Along the curb side of the seating area, we will install safety bollards, connected by chains, as a means of protection from the moving vehicles through the drive lane. See attached detail drawings. 4. Striping: Also along the curb side of the seating area, we will add striping and "NO PARKING" verbage to the pavement in the drive lane. This is to prevent vehicles from parking in this area, which is not wide enough for both parked and moving vehicles. Please contact me if you have any questions. We will plan to have representation at the September 18th meeting. Thanks, and have a great day! Jill Lazzan, LEI I= AP Designer Potbelly Sandwich Works 222 Merchandise Mart Plaza, 23rd floor Chicago, IL 60654 main 1 312.951.0600 direct 1312.334.5802 fax 1312.329.1535 This e-mail contains information that may be confidential, proprietary and protected by law. It is to be ~I 9/13/2007 o J z m r A Ez 0 m~ l A ~n m ~ m D - z 771 I O zDm - ~n Q ~ Ca fil • 1 ~z Z> D i z ~ >T a 4 \ ZZ mZ OE - N> Z \ D z g fi. 9 6 PARKING SHEET TITLE: ~m~ oozes NEW LANDSCAPE PLAN F~ ~m~ 3 g N c SITE ADDRESS: x m m u 1298 PROMENADE PLACE r s m EAGAN,MN ~2 IS. x+ X y K L } ~ 6 3 0 N R. 1-1-AT, PAVINTICi STONES Willow Creek's Aqua-Loc permeable interlocking concrete paver (PICP) system can help create usable areas - especially on urban commercial sites subject to the latest federal regulations of the EPA Clean Water Act (see sidebar). The Aqua-Loc system permits stormwater to drain through voids in the pavement into subsurface EPA €11at: r detaining areas. Below the surface, stormwater is directed„ through a series of natural filtration processes before gradually exiting the system. By creating subsurface ue detaining and filtration areas, the need for space-wasting detention ponds is dramatically reduced or eliminated. JArIIMP This feature alone often can make a usable site from n'.~,tr P previously undevelopable property.' is BM-AQUInP STORM SYSTEM (t IF Z~ c" xeca n~. ra•,v,.>is ~+r ><Y ~ Tl t n 3? 7 t c. [i: g : ~ . . ~ k~ rc~c+tat suAe~ ~ ~ ~ a ~ r rrhw leers r°v ° ~~S% r-.... ila ra s t ;1{( tY'd a5C y ' ~ . S I t . 3 t s [ L.,y'~y 3 j F{ l I. i ~a n' d I E wa. wra scri-wmer€n nre a, v ef : U t ;131 11 i ~ t' In partnership with Advanced Pavement Technology (APT), a 30-year pioneer in the development of PICP hischas ~I e tt:s , - % systems, Willow Creek can provide materials, installation maxims and system design for your project. Advanced Pavement Technology is the exclusive resource for the Bio-Aquifer Storm System, a permeable pavement system that is both cost-effective and environmentally sound. This system is m an acceptable Best Management Practice that meets WillowCreek' stormwater management and pollutant discharge requirements of the federal Clean Water Act. Paving Stones I r The Aqua-LociBio-Aquifer system from Willow Creek ands APT provides many ecological and economical benefits: Superior control of stormwater runoff - near 100%. Critical improvement of water quality using natural filtration methodologies. Flexible capacity for detaining water under roadways, parking surfaces and other traffic areas." Greater site development potential through elimination of detention ponds. Reduced maintenance costs for pavement repair, sealing pYr;i ire i ct xpan ~~C;r=, ?003 and replacement. " ° Marv " Outstanding results on a 30-year life-cycle cost analysis. Pa w , Decreased liability to owners through elimination of open wet areas. Qualification for U.S. Green Building Council credits for sustainable site and building design (LEED). cr-;r; ,Ire; Like the centuries-old pavements of Europe, Willow Creek Aqua-Loc interlocking concrete pavers offer unsurpassed ar y durability. Because of their flexible surface, they tolerate have t°- a 7 ~t C movement from freeze thaw cycles without damage - ,.Y„ ~rnall f= making them especially well suited to harsh northern climates. Aqua-Loc paving stones also may be removed' and replaced for easy, virtually invisible repairs to S S Sft ~ i;aFi underground utilities. y z y AQ)1 A-l.._E .,(,1 - I 4.5 in. wide (109.5 mm) by the li r ttr~- 9 in. long (225 mm) t r SCE 3.125 in. thick (80 mm) , i `r tip f l „ I et ti ~T W, r' 0.275 s.f. per paving stone 3.64 paving stones per s.f. z , 9.25 lbs. per paving stone 33.7 lbs. per square foot 38 paving stones per layer (32 full, 6 half) be" ; 3n fig 10.45 s.f. per layer pa(f -gag= r=t, i .,~'s tun 351.5 lbs. per layer ou, s v =;crr,~r3t 7 layers per pallet 266 paving stones per pallet (224 full, 42 half) 73.2 square feet per pallet c r l sib, r`" Hi :~r? risivrs 2475 lbs. per pallet s " _J ,t to l a ivv manual- or machine-layable herringbone pattern he system ai ° Available in three colors: Slate, Sandstone, Sedona ~rntenance are, ...f~i =-i=i8r}tq.'curh '.3 ['hati3c 1'wvironrner t k+,. € , - t C_ tc n n System .es a rnrulr gae U V E It fjU 3- ['°i pcrxr A I C G N ICY 0 1 0 6 I 101vintg Stn" 'C i( pte,' F„4 g {,3 ,ll for bi S's Aqua-Loc and Bio-Aquifer Storm System (BASS) are trademarks of Advanced Pavement Technology, Oswego, Illinois. www.advancedpavement,com 6348 Highway 36, Suite 7 • Oakdale, MN 55128 651-773-7480 = 651-770-4089 fax wcc-209 09-06 Page 5of10 Advisory Planning Commission Minutes August 28, 2007 B. Potbelly Sandwich Works Applicant Name: Potbelly Sandwich Works Location: 1298 Promenade Place; Lot 2, Block 2, Eagan Promenade Application: Planned Development Amendment A Planned Development Amendment to allow an outdoor patio for seating. File Number: 10-PA-09-07-07 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated August 20, 2007. She noted the background and history. Brian Simmons, Potbelly District Manager, stated they were agreeable with the conditions of approval.- 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 Heaney moved, Member Zoberi seconded a motion to recommend approval of a Planned Development Amendment to add outdoor seating at a Class II restaurant at 1298 Promenade Place, legally described as Lot 2, Block 2, Eagan Promenade, in the SW '/4 of Section 10 subject to the following conditions as amended: 1. A Planned Development Amendment Agreement shall be executed and recorded at the Dakota County Recorder's Office prior to issuance of a building permit. 2. The outdoor seating shall conform to the Seating Plan received July 17, 2007, and the perimeter fencingshall be approved by the Eagan Building Inspections Division prior to installation. 3. The south drive aisle shall be signed no parking. 4. A separate building permit is required for the site renovations and for a sewer access charge (SAC) redetermination. A vote was taken. All voted in favor. Motion carried: 6-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: August 20, 2007 CASE: 10-PA-09-07-07 APPLICANT: Potbelly Sandwich Works HEARING DATE: August 28, 2007 PROPERTY OWNER: Walter A. Fill, Jr.., Trustee APPLICATION DATE: July 18, 2007 REQUEST: Planned Development Amendment PREPARED BY: Sarah Thomas LOCATION: 1298 Promenade Place COMPREHENSIVE PLAN: SA, Special Area ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment to allow outdoor seating at the existing Potbelly Sandwich Works restaurant located at 1298 Promenade Place, legally described as Lot 2, Block 2, Eagan Promenade, in the SW y, of Section 10,. AUTHORITY FOR REVIEW PD Amendment: Chapter 11, Section 11.50, Subdivision 5 states, in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any 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 refen°ed it to the planning commission for, its consideration and recommendation.. BACKGROUND/HISTORY The property was platted in 1996 as Eagan Promenade. The Eagan Promenade retail development consists of several free-standing single-occupant buildings and a larger in-line retail center. The Blockbuster building was constructed in 1996 and in 2006 was renovated to include Potbelly Sandwich Works in 2,300 sq. ft. of the existing 6,500 sq, ft. Blockbuster' Video building. The property is zoned PD, Planned Development.. 4~ I Planning Report - August 28, 2007 Potbelly Sandwich Works Page 2 EXISTING CONDITIONS The site is developed with Potbelly Sandwich Works, a Class II restaurant and a video rental store. A TCF bank is adjacent to the south. The two buildings share a parking lot. The site was landscaped in 1996 with initial construction. Access to the site is provided from Denmark Avenue via Promenade Place, a private street internal to the commercial retail development Upon a site inspection during the review of this application staff noticed that vehicles were parking in the drive aisle-adjacent to the south side of the building, next to the south entrance door. This private street does not allow adequate room for on street parking. Therefore, the applicant should sign the drive aisle for no parking. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North In-line Retail PD, Planned SA, Special Area (Byerly's, etc.) Development East Class I restaurant PD, Planned SA, Special Area (Jake's) Development South TCF Bank PD, Planned SA, Special Area Development West Class II restaurant PD, Planned SA, Special Area (Dair Queen) Development EVALUATION OF REQUEST Description of Proposal - Potbelly Sandwich Works is a cafeteria style sandwich shop. Customers place their order at a counter, and may dine-in or, take their food "to go," Table service is limited. 48 seats are provided for dining in. The proposed outdoor seating would allow 28 seats, 4 tables of 4 seats and 6 tables of 2 seats. Site Modifications - A portion of sod between the existing curb and concrete sidewalk on the south side of the building would be removed. Mulch and foundation plantings on the side of the building would also be removed and replaced with concrete to match the existing concrete sidewalk. In addition to the tables, planters with a railing, two trash receptacles and patio umbrellas are proposed. Parkin - The existing parking lot provides sufficient parking for both the indoor seating as well as the seasonal outdoor seating. i Planning Report - August 28, 2007 Potbelly Sandwich Works Page 3 SUMMARYTONCLUSION In summary, Potbelly Sandwich Works, a Class II restaurant, proposes to add outdoor seating at 1298 Promenade Place. Potbelly currently has 48 seats and would add another 28 seats outdoors The site provides sufficient parking for the additional seats. Site modifications consist of removing existing sod, mulch and foundation plantings. New concrete is proposed to match the existing concrete sidewalk. The proposed seating area would be enclosed with a planter with railings and would also have two trash receptacles and patio umbrellas. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to add outdoor seating at a Class 11 restaurant at 1298 Promenade Place, legally described as Lot 2, Block 2, Eagan Promenade, in the SW ''/4 of Section 10. If approved the following conditions sliall apply: 1. A Planned Development Amendment Agreement shall be executed and recorded at the Dakota County Recorder's Office prior to issuance of a building permit. 2. The outdoor seating shall conform to the Seating Plan received July 17, 2007. 3. The south drive aisle shall be signed no parking. 4. A separate building permit is required for the site renovations and for a sewer access charge (SAC) redetermination. i Eagan Boundary Right-of-way Para Location ■ ap ParkArea k Arca C Building Footprint L_J Q O 0 b 0~ d0 f~" ~ • P VQ lJlf ~ 6 0 4 p~~ ? ca n ~ Q Subject Site co ' oP ~ ~ 3 LL~ Q D COUNTY ROAD ND.25 (YANRLC DOODLC ROAD) o a r~ C In, 8 o h o [ C cp OD ~QC ❑0 OQ C Don CQQ Q° O d D . o, ~ d3 a ~ ~ ~ ~ ~ t? p ,~.n Q Q r 011 1 ' aut¢noa°.~,~.. D . Q 0> f p O Q O G7 t•~, CEO d o O ~O r r _ D O ~ t 33 G' ,u r n ~ ~ ~ n ~ L7 f~ I~ o € o o Q ,~°p r 1000 0 1000 2000 Feel Development/Developer.. Potbelly Sandwich Works Application: Planned Development Amendment Case No.: 10-PA-09-07-07, N THIS MAP IS INTENDED FOR REFERENCE USE ONLY City of Eap W The City of Eagan and Dakota County do not guarantee lho accuracy of this information and are S Ce,omunity e°YOlapmant OOPanmoal not responsible for errors or omissions. 411 Current Zoning and Comprehensive Guide Plan Potbelly Sandwich Works Land Use Map Planned Development Amendment I O-PA-09-07-07 Zoning Map - PD r °o R-4 PD PD PD q Ls PDO r Location Current Zoning: ~p PD PD a" Planned Development PD ° COUNTY ROAD No.21 (YANKEE DOODLE ROAD) PD PD PD Csc PD PD P P 000 0 G00 1200 F- Comprehensive Guide Plan o SA SA Land Use Map i SA s SA w t' ~ $AO Location SA he SA i Current Land Use (Designation: e V I E sA SA COVNYY ROAD ND.ia (YANKEE DDDOlE RDAn/ Special Area A SA QSA SA sA SA 51 k--j P/ aoo o aoo tioo r..t /T"}1 N Parcel base map Inlormoleen provlded by Dakota County Land Survey Department Deember 2DOS Zoning Information maintained by City Glalf.. si: v„e`r P City of Eopn THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E a 66 The City of Eagan and Dakota County do not guarantee tho accuracy of this inforrnation. S I 0 f m oy X ~ rn n z m D F- m c! t 'I 4: v 9 `S 114, 7i :E ~2 i' m o rn • n • ~~~,1 I~,i4~lti~t < \ t z - "<iptit'~ii{~~?(fit 1~ I -z°t I. m ' r m o m - aZ rri Z C 'I ! C CONCREIE WAIK~ S OJ b -n ® . n m I t~l 1. , tl iiYm si' I 11111 X4:4 I1t1~1~t;lt.. ' illil,,lll , - Alin' ~l E 1l 11 41 PARIJIJG SHEETTITLE: m EXISTING SITE PLAN a ~ C ~ . Z to ~~3__,~ ! O~ SITE ADDRESS: m o N, I t s 1298 PROMENADE PLACE m ! EAGAN,MN EXI TING 0 O C -i O ° ° a F o z ° m 5 v-.a CIEwA SnwCE - ' R1 ~ Z r o , 101 i j 77f r'~ I I C~ I I I i 4 PARKING to I, A ~A' to i I i CIy SHEET TITLE: 1 ate: O. :A 3 ' OUTDOOR SEATING PLAP + c m mm o pC a cl" SITE ADDRESS: j F W mi ;ow a .y 1298 PROMENADE PLACE EAGAN MN PROPO,~Eg EsTe 1077 RUM ED L'A\D L. I\E `11?.051 A)GOO 610 0 T OB El' L LY SANDWICH WORKS July 9, 2007 City of Eagan Plan Development 3830 Pilot Knob Road Eagan, MN 55122 Re: Potbelly Sandwich Works Outdoor Seating-Eagan, Minnesota To whom it may concern: In order to provide you with information that you may find helpfid during your approval process of our Planned Development Amendment Application., we have prepared a narrative describing the proposed work at our site in Eagan, Minnesota. The goal of the project is to provide outdoor seating at our restaurant location. This would require the removal of a portion ofthe sod between the curb and concrete sidewalk on the side of our portion of the building. In addition, we would remove the mulch and.. several sparse shrubs between the sidewalk and the building. These areas would be replaced with a level concrete surface, to match the existing concrete sidewalk in place currently. Upon approval of our proposal submittal, we estimate the project will take one weer:. Neither Potbelly Sandwich Works nor any surrounding businesses would need to close during this work.. The surrounding land and zoning uses on both the property as well as within 660 feet are primarily retail. We share the subject property with Blockbuster Video. The addition of our outdoor seating will have no impact the surrounding properties and will conform to the character of the area. The amendment will allow us to enhance the value of the subject property and add visual interest to the exterior of the building, as well as attract more people to the retail area. There is no impact to the city services, and the proposed amendment will conform to the applicable regulations and standards as well as local health and food safety issues. RECENEU jujL 1 2QQ ~ arl v . 222 M E R C H A N D 1 5 E M A R T P L A Z A , 2 3 R D F L O O R C H I C A G O, I L L I N O I S 6 0 6 5 4 I EST@ 1977 LA \D L1NL 31::.n~1.OG00 E" L LY - SANDWICH WORKS Should our proposed amendment be approved, it would result in a better use of the land The outdoor, seating area would include attractive planters, outdoor furniture, and palio umbrellas to enhance the look and feel of the building and the retail area as a whole. The public benefit from the development would be the creation of a nice outdoor eating space, excitement to the surrounding retail development, additional dining options for the public to choose from, and overall an enhanced property value. Please contact me at 312-334-5802 if you should have any questions. Sincerely, qw-~ . .Jill Lazzari Designer AT ,I; aw 222 MERCHANDISE MART PLAZA, 23 RD FLOOR CHICAGO, ILLINOIS 6 0 6 5 4 I Agenda Information Memo September 18, 2007, Eagan City Council Meeting A. INTERIM USE PERMIT - BUILDING MATERIALS OUTLET ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) an Interim Use Permit to allow outside storage of trailers and building materials upon a 6.2-acre site located at 2795 Hwy. 55 in the W '/2 of Section 2, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The property is unplatted and contains a 117,000 sq. ft. warehouse building which was constructed in 1964. A rail spur runs along the south and west sides of the property. ➢ Building Materials Outlet has occupied this site since 2002. ➢ Based on a complaint, a zoning enforcement action was started earlier this year. ➢ In response to the enforcement effort, the Applicant submitted a request for a Conditional Use Permit in June 2007 to allow the existing outside storage. ➢ Before the proposed CUP could go to public hearing at the APC meeting, the Applicant, in consultation with City Staff, requested that the CUP application be postponed, and subsequently modified the request to an Interim Use Permit. ➢ The IUP is proposed to expire coincident with BMO's lease, June 30, 2010. ➢ Because the site was developed in the 1960s, it does not meet many of our current zoning standards and substantial improvements will be required to fully comply with landscaping, screening, surfacing, green space, and storm drainage requirements. ➢ The Applicant is proposing to do some of the required improvements such as screening and installing some bituminous pavement at the entrance to the site. ➢ The Applicant argues that it does not make economic sense to undertake more extensive site improvements such as curb and gutter and storm sewer due to the temporary nature of the fUP. ➢ The APC held the public hearing on August 28, 2007 and recommended approval of the 1UP, subject to the conditions listed in the APC minutes. ISSUES: ➢ The Applicant submitted a letter after the APC meeting making specific requests of the Council with regard to certain conditions recommended by the APC. The letter is attached. The items requested are summarized as follows: o To allow continued outside storage on the south and west sides of the building (the APC recommend storage only east of the building) o To allow the trailer sign at the northeast corner of the building (the APC recommend it be relocated with the rest of the trailer storage) 55 o To allow the trailer storage area to not be fenced or enclosed, but rather to screen the trailer storage from Hwy. 55 with landscaping (the APC was not opposed to this, provided a satisfactory landscape plan is submitted for City approval) o To allow the current gravel surface to remain rather than install recycled bituminous surfacing as recommended by the APC ➢ With regard to surfacing material In addition to the added cost, the Applicant states that particles from the recycled bituminous get on the forklifts and in boots and get tracked inside the building, and that maintenance and snowplowing are more difficult. City Engineering staff indicates that most of the recycled bituminous applications in the City have been in conjunction with truck parking CUPS along Terminal Drive. The recycled material has performed well because it does not have the silty fine material gravel material contains that can sometimes track onto paved surfaces in wet conditions, and blow around in dry conditions. Properly placed recycled bituminous material would provide a solid surface for this application. ➢ According to the Fire Marshal, the fire hydrant on the east side of the building needs to be increased in height. This information was inadvertently omitted from the Planning Report, however, an additional condition should be added as follows: "The Applicant shall increase the height of the fire hydrant on the east side of the building, with the work to be completed by October 31, 2007." 60 DAY AGENCY ACTION DEADLINE: Extended by Applicant to October 31, 2007 ATTACHMENTS (3): August 28, 2007, APC minutes, pages 57 through Planning Report, pages 490 through Letter from Applicant dated August 30, 2007, pages through 8Z i Page 2 of 10 Advisory Planning Commission Minutes August 28, 2007 IV. PUBLIC HEARINGS A. Building Material Outlet Midwest Applicant Name: Building Material Outlet Midwest, Inc. Location: 2795 Hwy 55 E; Lot 8 Robert O'Neil Homestead Application: Interim Use Permit An Interim Use permit to allow outdoor storage. File Number: 02-IN-02-07-07 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated August 21, 2007. She noted the background and history. Steve Cheney, property owner, stated agreement with conditions with two exceptions being the size of outdoor storage and location of the security fence. He also stated concern for the surface material of the parking lot. He stated preference for Condition No.14c instead of 14a or 14b. He discussed reconfiguration of surrounding properties. He stated the willingness to provide an additional five feet of green space along the east side of the property to separate himself from Dart. He requested that the trailer with advertisement referred to in Condition No. 8 be allowed to remain at the northeast corner of the building. Member Chavez stated he will be abstaining from voting on the item. 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. City Planner Ridley discussed the location of the screening fence. Don Prettyman, BMO, discussedthe fencing on the property and inquired about the types of fences that are permitted. He stated the intent is expressed on the drawing submitted. He discussed delivery and pick up schedules and explained the difficulty if the fence is required to screen the trailers. City Planner Ridley explained that the trailer with the advertisement is not compliant with the City Code standards. He stated the surface material issue is policy matter and must be determined by the Advisory Planning Commission or the City Council. He stated the Dart site (to the southeast) is underdevelopment and the outdoor storage on that site will be housed in a building in the near future. He discussed landscaping requirements. Planner Dudziak explained that the five foot setback is a requirement for the property and together with a five-foot setback on the adjacent property, a ten-foot green strip would be provided between the two. Chair Hansen discussed the option of recycled asphalt for the surface. City Planner Ridley discussed locations that have recycled bituminous within the City and to his understanding it works well if compacted correctly. 5-1 Page 3 of 10 Advisory Planning Commission Minutes August 28, 2007 Planner Dudziak discussed the requirements of the City Code as it relates to the enclosure and screening of outside storage. She explained that fencing may be used both to enclose and screen outside storage areas; landscaping is also an acceptable screen, but not an enclosure. Member Heaney stated he will be abstaining from voting on the item. Member Filipi moved, Member Zoberi seconded a motion to recommend approval of an Interim Use Permit to allow outside storage of trailers and building materials upon a 6.2-acre site located at 2795 Hwy. 55 in the W '/2 of Section 2 subject to the following conditions as amended: 1. The permit shall expire upon expiration of the applicant's lease or June 30, 2010, whichever occurs first. 2. The Interim Use Permit shall be recorded within 60 days of its approval by the City Council. 3. The Interim Use Permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The Interim Use Permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 4. Retail sales are prohibited. 5. The applicant shall provide a revised Site Plan showing the following: a. limit the outside storage area to the east side of the building only - no outside storage shall occur south or west of the building, b. delineate the storage areas; c. identify emergency vehicle access and driving lanes (20' minimum around south and west sides, 24' drive aisle along east side through the materials storage area); d. identify required yard setbacks (5' on the side, 5' to the rear); e. show where and how additional green space will be established. 6. No storage shall be permitted on the south or west sides of the building. All outside storage shall be contained within' the subject parcel, and limited to the areas specified on the approved Site Plan. 7. The outside storage of trailers and building materials is limited to the number and location as shown on the approved Site Plan. 8. All trailers, including the trailer currently stored at the northeast corner of the building with business name and hours, shall be located within the designated trailer storage area shown on the approved Site Plan. A maximum of 13 trailers may be stored within this area. 9. Required setbacks shall be delineated and outdoor storage items shall be moved back from property lines to establish setbacks and yard areas as required by City Code. 10. The trash storage shall be relocated to the west side of the building such that is screened by the existing buildings from the north east and south. 11. The storage area, both for trailers and building materials, shall be screened from views from Hwy. 55 to the north and east. The applicant shall submit a Screening Plan showing the location and details of the fence and any proposed landscaping. 12. The applicant shall obtain a building permit for the 8' fence and complete required inspections within 60 days of issuance of this permit. 13. The applicant shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. The development is also subject to the City's land disturbance and erosion control regulations. i Page 4of10 Advisory Planning Commission Minutes August 28, 2007 1141a. All Gutdoer paFk'ng/6tGFage aFeaG shall be 6UrfaGed with bituminGUS asphalt. A aRd signed by a Feg*6t8Fed professional engineer. • me rc 'n rr d nre With Git i n'ne Wi staRd rle The d...lop meet is also , subjeGt to the OR 14b. Recycled asphalt aggregate shall be used for the gravel portions of the outdoor storage areas. If recycled asphalt aggregate is used for the outdoor storage areas, the site will be subject to periodic review by city staff for adequacy of the material to control dust and drainage. The first review will occur one year following approval of this permit. If the material is determined to be inadequate, the City will require that it be replaced with bituminous asphalt. OR 14 r, 15. All parking and storage areas shall be properly maintained to prevent deterioration. 16. No hazardous materials shall be stored on the property. 17. A minimum 20' emergency access aisle shall be designated and maintained on the south and west sides of the building, and a 24' drive aisle shall be maintained through the parking and storage area along the east side the building. 18. A detailed Landscape Plan prepared by a registered landscape architect shall be submitted for review and approval by City staff. As required by City Code, all landscaped areas shall be served by automatic irrigation. Landscaping shall be installed by October 31, 2007. 19. All signs shall be brought into compliance within 60 days following approval. A vote was taken. All voted in favor. Motion carried: 4-0. Members Heaney and Chavezabstained from voting on this item. i PLANNING REPORT CITY OF EAGAN REPORT DATE: August 21, 2007 CASE: 02-IN-02-07-07 APPLICANT: Building Materials Outlet HEARING DATE: June 26, 2007 PROPERTY OWNER: Cheney Eagan Bldg. LLC APPLICATION DATE: CUP request submitted May 16, 2007 Modified request to IUP July 20, 2007 REQUEST: Interim Use Permit PREPARED BY: Pamela Dudziak LOCATION: 2795 Hwy. 55 East COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of an Interim Use Permit to allow outside storage of trailers and building materials upon a 6.2-acre site located at 2795 Hwy. 55 in the W %2 of Section 2. AUTHORITY FOR REVIEW Interim Use Permit: City Code Chapter 11, Section 11.50 Subdivision 6C states: The Council may issue interim use permits for an interim use of property if: 1. The use is deemed to be temporary in light of the Comprehensive Guide Plan designation for the property site on which the use is located and the use conforms to the bulk and performance standards of the zoning regulations herein; 2. The date or event that will terminate the use can be identified with certainty; 3. Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and 4. The user agrees to any conditions that the Council deems appropriate for permission of the use; and i Planning Report - Building Materials Outlet (IUP) August 20, 2007 Page 2 5. The use meets the standards set forth in the zoning regulations herein governing conditional use permits. Conditional Use Permit: City Code Chapter 11, Section 11. 50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 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. i Planning Report - Building Materials Outlet (IUP) August 20, 2007 Page 3 Outdoor Storage: In addition to the requirements for a conditional use permit listed above, City Code Section 11.70, Subdivision 22, C, 2, lists performance standards for outdoor storage as follows: a. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I-1) and general industrial (I-2) zoning districts, the enclosure may be detached from the principal building. b. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. c. The outdoor storage area shall be screened from view from the public right-of-way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. d. The storage area shall not interfere with any pedestrian or vehicular movement. e. The storage area shall not take up required parking spaces or landscaping areas. f. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. BACKGROUND/HISTORY The property is unplatted and contains a 117,000 sq. ft. warehouse building which was constructed in 1964. A rail spur runs along the south and west sides of the property. In 2002 the City adopted a Tax Increment Financing District both north and south of this stretch of Hwy. 55, including this property. Much of the north side of Hwy. 55 has been developed with the Grand Oak and Spectrum business parks. Redevelopment on the south side of Hwy. 55 has not yet materialized. Based on a complaint, a zoning enforcement action was started earlier this year. Enforcement was withheld due to the expectation of redevelopment. Because the opportunity for redevelopment with TIF assistance has expired, the property must be brought into compliance with I-1 zoning requirements. In June, 2007, the Applicant submitted a request for a Conditional Use Permit to allow the outside storage in response to the zoning enforcement effort. City staff prepared the evaluation i i Planning Report - Building Materials Outlet (IUP) August 20, 2007 Page 4 and planning report Before the Advisory Planning Commission meeting and public hearing, the applicant, in consultation with City Staff requested that the CUP application be postponed, and subsequently modified the request from a Conditional Use Permit to an Interim Use Permit. EXISTING CONDITIONS Access to the site is provided from Hwy. 55 to the north. Railroad tracks run along the south side of the property, with a rail spur extending into the site along the west side of the building. The building is connected to the adjacent building by a 30-foot corridor at the front of the two buildings. This corridor also has an overhead door on the north side. There are currently several trailers and, z~ miscellaneous building materials being stored outside on the property. The items are stored on the south, east and west sides of the ~ building. The type and amount of items stored outside vary as Building Materials Outlet 3 w serves as a liquidator for other building materials suppliers. There is a chain link fence along the south and 4 west boundaries of the site, enclosing the outdoor storage yard. The northerly portion of the site is surfaced with bituminous, however the area lacks curb and gutter and is in a state of disrepair; parking spaces and driving aisles are not identified or delineated in any way - either with paint or curbing, medians or islands. The proposed outdoor storage area is gravel and is not set back from the property lines. It is difficult to tell where the east boundary of the site is. Existing storage does not meet required setbacks from surrounding properties, and there is little landscaping or green space. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Hwy. 55/Office BP, Business Park BP, Business Park West Industrial I-1, Limited Industrial IND, Limited Industrial East Industrial I-1, Limited Industrial IND, Limited Industrial South Railroad/industrial I-1, Limited Industrial IND, Limited Industrial EVALUATION OF REQUEST ~3 Planning Report - Building Materials Outlet (IUP) August 20, 2007 Page 5 Description of Proposal - According to the applicant's narrative, Building Materials Outlet is "a family-owned business that has been in operation for over 40 years. They "sell building materials to contractors at wholesale prices, including many bulk sales to contractors. Because much of the inventory is purchased and sold in bulk, some of the products need to be stored outdoors." Examples of items typically stored outside include "lumber, shingles, marble [counter] tops, granite slabs and decking materials." Building Materials Outlet (BMO) has operated at this location since 2002 and the applicant's narrative states that they intend to relocate to a new site upon expiration of the current lease on June 30, 2010. Use of the property as a warehouse and for wholesale sales is permitted, however, the proposed outdoor storage is not. The applicant is requesting an Interim Use Permit to maintain the existing outdoor storage, and is not seeking to expand the scope of the existing outdoor storage. In addition, while the business is primarily wholesale, retail sales to the general public do occur; retail sales are not permitted in the I-1 zoning district. Term - The Interim Use Permit is being proposed to coincide with the duration of the applicant's lease at this site. The applicant's lease expires June 30, 2010, approximately three years from now. It is the applicant's intention to relocate from this site at that time. Retail Sales - The I-1 zoning district permits "warehousing, wholesaling and related sales and showrooms." The applicant asserts that the occasional retail sales that do occur with their business are consistent with the intent of the City Zoning Code and the referenced "related sales." The narrative states that while BMO is in the wholesaling business and the majority of sales are to contractors, they contend that the occasional retail sales that do occur "are related [to their wholesale business] because they are the same goods that are usually sold wholesale." The applicant also contends that prior occupants of the site conducted retail sales from the 1960s through 2007. Compatibility with Surrounding Area - The subject site and area south of Hwy. 55 is zoned I-1, Limited Industrial. The area along the north side of Hwy. 55 is zoned BP, Business Park. That area has experienced redevelopment over the last decade including the construction of the Spectrum office building and multiple Grand Oak Business Park buildings. While the subject site is zoned I-1 and outdoor storage is allowed as a conditional use in the 1-1 zoning district, outside storage is not permitted in the BP zoning district. Site Plan - The proposed outdoor storage areas are located south, east and west of the building. The applicant proposes up to 13 cargo trailers adjacent to the east side of the building. Storage of buildings materials is proposed east of the building, and also extending along the south and west sides of the building. Based on the submitted Site Plan, the proposed storage area extends onto the adjacent parcel to the west. While that property is in the same ownership as the subject site, all outside storage should be contained within the subject parcel. Trash containers, both dumpsters and roll-off Mm, containers currentl are not enclosed. In lieu of t y i e Planning Report - Building Materials Outlet (IUP) August 20, 2007 Page 6 constructing an enclosure for the trash containers, the applicant proposes to locate them to the west side of the building which will effectively screen the trash containers from three sides. The acceptability of this proposed trash storage location in lieu of an enclosure is a policy matter to be determined by City officials. Outdoor Storage - The ordinance standards for outside storage are outlined below. 1. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I-1) and general industrial (I-2) zoning districts, the enclosure may be detached from the principal building. The proposed storage area for building materials is enclosed by a chain link fence that has two gates, "(one at each end of the property). Both of the gates have locks to keep the area secure." The narrative states that the items stored outside "will be stored in a way such that the items will not be taller than the fence." The proposed trailer storage area is outside of the fence, and is not enclosed. The applicant proposes that the trailer storage area remain unenclosed "because the trailers are already secure (they are locked), and the appearance of the trailers is very similar to the trailer storage on surrounding properties (which are not screened)." One trailer currently sits at the northeast corner of the building and contains the business name and hours, apparently serving as signage and advertising. This is not acceptable as signage and for storage, the trailer should be relocated to the trailer storage area shown on the Site Plan. 2. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. The proposed storage areas are in the side and rear yards. Front yard setbacks are satisfied, but the required 5' side and rear yard setbacks are not met. Required setbacks should be delineated and outdoor storage items should moved back from property lines to establish setbacks and yard areas as required by City Code. 3. The outdoor storage area shall be screened from view from the public right-of-way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. The adjacent area to the north is zoned and guided for Business Park use; other adjacent properties are zoned I-l. There are no residential properties in the area surrounding the subject site. City Code does require screening from the public right-of-way. This site is in a Planning Report - Building Materials Outlet (IUP) August 20, 2007 Page 7 highly visible location along a state highway and adjacent to an office park where outdoor storage is not permitted. The applicant's narrative indicates that the north-facing portion of the fence will be "screened from views from Hwy. 55 to the north and east with an 8' high privacy fence made of wood." The proposed privacy fence is considered to be an acceptable screen and may be constructed of wood or a composite material that looks like wood - City code states "screening may be accomplished through walls, fences, berming and/or landscaping." It appears an 8' screening fence has already been constructed. However, a building permit is required for fences exceeding 6' in height and none has been issued for this new fence. The applicant should obtain a building permit and complete the required inspections. The proposed trailer storage area is outside the fence and is not proposed to be screened by the modified fence (see #1 above regarding enclosure of the trailers). 4. The storage area shall not interfere with any pedestrian or vehicular movement. The area of the site south and east of the building is currently used only for storage. The applicant states "there is one full-time employee whose job is to keep the outdoor storage orderly and to maintain proper circulation and access at the property. The applicant will continue to maintain such emergency access." Nonetheless, there is no delineation of the driving aisles, parking spaces and storage areas and the current storage area appears unorganized and haphazard. It appears that pedestrian activity within the fenced outdoor storage area is limited, however, more pedestrian traffic exists near the trailer storage and vehicle parking area. Without clear definition to separate vehicle and pedestrian movement and define traffic patterns within the site, safety is compromised. In addition, emergency vehicle access should be maintained around the building. The Fire Marshal has indicated a minimum 20' wide driving aisle is necessary to accommodate emergency vehicles. While 20' is sufficient for emergency access, maintaining full circulation throughout the site would warrant a two-way drive aisle 24' wide, particularly with the amount of truck activity through the site. A minimum 20' drive aisle should be designated and maintained around all sides of the building, and a 24' drive aisle should be maintained through the parking and storage area along the east side of the building . A revised site plan should be submitted to identify emergency vehicle driving lanes, defined storage areas and establish required setbacks. 5. The storage area shall not take up required parking spaces or landscaping areas. No required parking, landscaping or other vegetation is proposed to be removed to accommodate the proposed storage area. The parking lot in front of the building encroaches into the Hwy. 55 right-of-way. This area in front of the building is paved, but it lacks curb and gutter and the pavement is in disrepair. In addition, when staff visited the site, vehicle parking was occurring on the east side of the building, not in front. Vehicle parking of 126 i Planning Report - Building Materials Outlet (I17P) August 20, 2007 Page 8 stalls is required for the 116,800 sq. ft. warehouse building. City Code requires a minimum of 25% green space. Existing green space consists of a 30' lawn with a few trees in front of the building and a 12' x 40' planter at the front entrance to the property. While this property was developed long before the green space ordinance was adopted, it is appropriate with this request and associated site improvements to require increased green space on the site. The establishment of required setbacks and yard areas will achieve some increased green space. While screening is not required from industrial properties, landscaping within the required side setback area can create a visual and physical separation between the sites. Additional green space can be accomplished with the creation of parking lot islands, which will also help define spaces and direct the flow of traffic, both vehicular and pedestrian. Parking lots consisting of more than 50 stalls are required to have 5% of their space in landscaped islands. The applicant should submit a revised and more detailed Site Plan showing where and how additional green space will be established, and identifying parking stalls and dimensions. 6. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. A portion of the existing parking and storage areas are paved with blacktop surfacing. The remaining parking and storage areas considered with this interim use permit have minimal gravel surfaces that are not well-maintained or are not surfaced with any material. The applicant proposes the outdoor storage surfaces to remain with a portion paved and the remaining with minimal gravel surfacing. City code requires that all off-street parking and storage areas be surfaced with a material to control dust and drainage, and that the surface shall be properly maintained to prevent deterioration. Bituminous asphalt is the most-widely-used surfacing material to accomplish this requirement and is required for off-street parking and storage areas. All outdoor parking/ storage areas should be surfaced with bituminous asphalt, and constructed with perimeter concrete curb & gutter and storm sewer. There are a number of outdoor storage lots within the City that have been allowed to use recycled bituminous aggregate surfacing for outside storage areas, generally under interim use permits. Those permits that have allowed recycled asphalt aggregate have included a condition for a periodic staff review of the condition of the surfacing to determine its adequacy for dust and drainage control. If recycled bituminous aggregate is used, such periodic review should be a condition of approval. If, upon review, the recycled bituminous aggregate surface is determined to be inadequate, the City will require the storage lot to be resurfaced with bituminous asphalt. The surfacing of the outdoor storage areas is a matter to be determined by City officials under this interim use permit proposal. If the upgrade of outdoor storage areas is required under this permit, the applicant should obtain a grading permit from the City prior to the reconstruction of the outdoor parking/ i Planning Report - Building Materials Outlet (IUP) August 20, 2007 Page 9 storage areas. The applicant should be responsible for installing and maintaining erosion control measures in accordance with City engineering and code standards. The development is also subject to the City's codified land disturbance and erosion control regulations. Landscaping - Current landscaping consists of a 30' lawn with three trees in front of the building and a 12' x 40' planter. This is inadequate to meet screening, landscaping, green space, setback and yard requirements of the City Code as described above. Landscaping of perimeter yard setback areas, parking lot islands and for screening purposes should be established on the site. The applicant states that "In connection with the development taking place on Dart's property to the east, it is anticipated that there will be new landscaping installed between the two properties, a portion of which will be located on [this] property." The Applicant must meet landscape requirements on the subject site, and not rely on landscape improvements on adjacent property for screening or green space. A Landscape Plan should be submitted for review and approval by City staff showing additional landscaping to be added to the site. Such landscaping improvements shall be installed by October 31, 2007. Storm Drainage - A private storm sewer pipe system should be constructed for the parking/ storage areas to provide storm drainage to the public storm sewer system. The applicant's narrative states "Neither Building Materials Outlet nor Cheney think it would be reasonable to undertake more extensive surfacing with perimeter concrete curb and gutter, underground piped storm sewer system and additional erosion control measures at this time.... and that it does not make economic sense to incur that expense with less than three years remaining on the lease." The requirement of providing a storm sewer system for the outdoor storage areas is a matter to be determined by City officials under this interim use permit proposal. Utilities - No new connections to the public water and sewer systems are proposed with this application. Access - Public street access is available from existing driveways onto Highway 55 to the northeast. Tree Preservation - There are only three trees on the site, and those are located in front of the building. These trees are not impacted by this proposal. Si a e There are some informational signs on the building and fence and freestanding on the site. These signs provide directional and safety information for the operation of the site. City Code limits informational signs to 16 sq. ft. in area, and all signs must be "constructed and erected in a good and workmanlike manner in accordance with all reasonable standards t3L i Planning Report - Building Materials Outlet (NP) August 20, 2007 Page 10 employed by professional signmakers." Signs not meeting these standards should be replaced with signs that do comply with City Sign Code requirements. All signs should be brought into compliance within 60 days following approval. SUMMARY/CONCLUSION The applicant is requesting approval of an Interim Use Permit to allow outside storage of trailers and building materials upon a 6.2-acre site located at 2795 Hwy. 55 in the W %2 of Section 2. The proposed outside storage is already occurring on this site. The property is within a TIF redevelopment district, but redevelopment has not yet occurred and the opportunity to utilize TIF has expired. Without imminent redevelopment, the use of the property and improvements to the site should be brought into compliance with City Code standards. Because the site was developed in the 1960s, it does not meet many of our current zoning standards. Substantial improvements will be required to fully comply with landscaping, screening, surfacing, green space, and storm drainage requirements. The Applicant is proposing to do some of the required improvements such as screening and installing some bituminous pavement at the entrance to the site. However, the Applicant argues that it does not make economic sense to undertake more extensive site improvements such as curb and gutter and storm sewer due to the temporary nature of the IUP. The acceptability of the proposed level of site improvements is a policy matter to be determined by City officials. The outdoor storage yard contains a variety of building materials as the inventory varies throughout the year. The applicant has provided examples of items typically stored outside and those include, but are not limited to, lumber, shingles, marble counter tops, granite slabs and decking materials. Trailer storage is identified to occur adjacent to the east side of the building, and up to 13 trailers. Outdoor storage should be limited to the east side of the building, both the trailer storage and building materials storage areas need to be screened from Hwy. 55. While screening is not required from other industrial properties, landscaping should be added within the required 5' side setback area to create a visual and physical separation between the sites. The proposed storage area is shown on the Site Plan submitted by the applicant. Staff has provided a modified Site Plan to show the limitations on outside storage as suggested in the report. ACTION TO BE CONSIDERED To recommend approval of an Interim Use Permit to allow outside storage of trailers and building materials upon a 6.2-acre site located at 2795 Hwy. 55 in the W % of Section 2. If approved, the following conditions shall apply: 1. The permit shall expire shall expire upon expiration of the applicant's lease or June 30, 2010, whichever occurs first. i Planning Report - Building Materials Outlet (IUP) August 20, 2007 Page 11 2. The Interim Use Permit shall be recorded within 60 days of its approval by the City Council. 3. The Interim Use Permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The Interim Use Permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 4. Retail sales are prohibited. 5. The applicant shall provide a revised Site Plan showing the following: a. limit the outside storage area to the east side of the building only - no outside storage shall occur south or west of the building; b. delineate the storage areas; c. identify emergency vehicle access and driving lanes (20' minimum around south and west sides, 24' drive aisle along east side through the materials storage area); d. identify required yard setbacks (5' on the side, 5' to the rear); e. show where and how additional green space will be established. 6. No storage shall be permitted on the south or west sides of the building. All outside storage shall be contained within the subject parcel, and limited to the areas specified on the approved Site Plan. 7. The outside storage of trailers and building materials is limited to the number and location as shown on the approved Site Plan. 8. All trailers, including the trailer currently stored at the northeast corner of the building with business name and hours, shall be located within the designated trailer storage area shown on the approved Site Plan. A maximum of 13 trailers may be stored within this area. 9. Required setbacks shall be delineated and outdoor storage items shall be moved back from property lines to establish setbacks and yard areas as required by City Code. 10. The trash storage shall be relocated to the west side of the building such that is screened by the existing buildings from the north east and south. 11. The storage area, both for trailers and building materials, shall be screened from views from Hwy. 55 to the north and east. The applicant shall submit a Screening Plan showing the location and details of the fence and any proposed landscaping. 12. The applicant shall obtain a building permit for the 8' fence and complete required inspections within 60 days of issuance of this permit. 70 Planning Report - Building Materials Outlet (IUP) August 20, 2007 Page 12 13. The applicant shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. The development is also subject to the City's land disturbance and erosion control regulations. 14a. All outdoor parking/storage areas shall be surfaced with bituminous asphalt. And: i. The Applicant shall obtain a grading permit from the City prior to the construction of the proposed outdoor storage areas. Detailed plans for this grading work shall be prepared and signed by a registered professional engineer. ii. The applicant shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. The development is also subject to the City's land disturbance and erosion control regulations. iii. All outdoor parking/ storage areas shall be constructed with perimeter concrete curb & gutter and underground piped storm sewer system. OR 14b. Recycled asphalt aggregate shall be used for the gravel portions of the outdoor storage areas. If recycled asphalt aggregate is used for the outdoor storage areas, the site will be subject to periodic review by city staff for adequacy of the material to control dust and drainage. The first review will occur one year following approval of this permit. If the material is determined to be inadequate, the City will require that it be replaced with bituminous asphalt. OR 14c. The existing surfacing of the outdoor storage areas shall remain. 15. All parking and storage areas shall be properly maintained to prevent deterioration. 16. No hazardous materials shall be stored on the property. 17. A minimum 20' emergency access aisle shall be designated and maintained on the south and west sides of the building, and a 24' drive aisle shall be maintained through the parking and storage area along the east side the building. 18. A detailed Landscape Plan prepared by a registered landscape architect shall be submitted for review and approval by City staff. As required by City Code, all landscaped areas shall be served by automatic irrigation. Landscaping shall be installed by October 31, 2007. 19. All signs shall be brought into compliance within 60 days following approval. ~1 Pagan Boundary Right-of-way Location Map Parcel Area Park Area Building Footprint wonnu..o 00 4tt Subject Site e y yt 4d r~ I +t ~ . ~ ` t N ® le C s a 7 oT C.e.AM. NO.ri (LONE OAK ae.l - i, 71N ~U d 1 I' ~ ~ 1000 0 1000 2000 Feet Development/Developer.. 2795 Hwy. 55 E Application: Interim Use Permit Case No.: 02-IN-02-07-07 N M of Ea an 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 Communay D-Iopment Department not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Building Materials Outlet Interim Use Permit Land Use Map 02-IN-02-07-07 z BP s Zoning Map A 7 6P v BP Location BP _ aT~~rA Current Zoning: PD Mo as -1 d z Limited Industrial I-, P I-1 PF 800 0 Boo 1300 F..t 'I Comprehensive Guide Plan Land Use Map e SA SA IND SA Location IND Current Land Use Designation: d SA a i! Y IND IND IND Limited Industrial t' P IND IND IND IND 71 600 o Boo 1200 F..t IND N Parcel base map Information proWdatby Dakota County Land Eurwy Department Dacmber 2005. Zoning information maintained bAlty EtafL City of Eap -7 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 a 't K- IK McKEE, INC SITE PLAN Y, a4 ti •rt1 yfJ y /f~y.; • , ~}a.11 .I' y Y t~ xb: %I TAX PARC t z r I (0-5332 - t. TAX PARCEL lo-53w-07I-00 I Note, uOluio) IM. eY iq.....W i dyl4u.is d ..l..nrK d e[ • ` - ltli-p .mw7 ni Li LY. M[W. Sb U PwsM.-oTNY Qy ~ .ate q 4 .e dgp4 tyh e~a.ac We ter W.I. kWh K.W. [err. (its q..et r..itpt)onY ..d [r t rc•. .ue d O.p .t th. W idIn .d.ulm M[aY+W atwa tb • :tr uLH.Y WtlaSW t h er u M tat r eHr ►an... . ' W r a.L.r dedrttr er W Ie tr. l[r utasHm O.nm. ~ t -7 :4at~. it a \ . w .saer•d y r Vie' wNe .1 d.nI.a.ee- wus d .e.e.I day t.[.eed 1- .1 th~ .lairs PAUL M 19,i saax ,e. BON APPLICANT SITE PLAN Mv. ' I y• Y. `89.137~~ 'I II ; 24 ' . • UTILITY MENT ! ~f \ , ";yam PER DOC.358 ~p3 ~ U11UTY EAS NT / v~ PER DOC.60132 cr~~LOADING _ i I Ie I j+ F / ao DOCK I I I I ([pc i;, Ss; CS f' 1 I i I i I I I ~ i ~ 79' ~ I' ~ I~ Say C' q ? Qj , i i ~ii I I it 2g!I j;!2pp 4 I! I f I I! I t I t j I i l l l I I! UWGI~Y EAS EN I ! l l ! i III - IY Cp t' Imo', Ii Ili II i I'I! RDOC.376 79 Il ; I!I i~11 ~.II~' 11m~IIIIi I I ~i I~'IIIi III( II /Q~ 46`S°` r / r'I I I !~O=Z I I I ry 11' I I'! i! W I I ~,II III IIII it Iii I t _MOtaiTO G 4 ! IN I ! I i!' I WELL I!II I QI~~11 i ! ii ~h~ I I'I~ 'ti ~ - RO £S ~D ~I IIIii~ ~ j~~i~! L G ~ I 1 I ~ i! I ~ 1 I~! Q" I I I! l i l I ~ 1S a / I I i i ~ i 1 l i S i ~ i I l i I i I I i h• I C4l MONITORING i, I t l w I I I I I j l 1! j WELLS II !I i ~~I'II~I~IIIIIII it HITlt!!'IlI E LOADI` i I; j j III i I I I! 4G , K J DOCK 1 \ ! I to y `%J < I ONIT It 5~3E~8RC~C ! -r EL h~ STA FF 517 fxAAI `75 t s~ S a. c~ S ilk NL } a BUILDING MATERIALS OUTLET MIDWEST, INC. Case: Building Materials Outlet Midwest, Inc. ("Building Materials Outlet") applied for an interim use permit after receiving notice from the City that a permit is required for outdoor storage. After submitting its application (which was originally an application for a conditional use permit), Building Materials Outlet began researching the issue of whether outdoor storage at the site should be considered a preexisting, nonconforming use. City Code Chapter 11, Section 11.30 states that "Non-conforming, structure, use or lot, legal means a lot, building, structure, premises, or use lawfully established when it was initiated, created or constructed, which does not conform with the applicable conditions or provisions of the Code for the district in which the structure or use is located." Building Materials Outlet and its landlord (the property owner, Cheney Eagan Building, LLC) believe that outdoor storage should be considered a legal non-conforming use because from at least 1960 until 1975 the City Code provided that "Storage and sales yards for any building materials" were permitted uses in the I-1, Light Industrial District (now known as the I-1 Limited Industrial District). When the building was constructed in approximately 1964, the then owner of the property, McKee, Inc., used the same property for outdoor storage of lumber and other building materials, which was a permitted use at that time. Since then the property has been continuously used for outdoor storage. Building Materials Outlet has maintained its outdoor storage for over four years at the site and, because it believed that outdoor storage was permitted, it extended its lease until June 30, 2010. It was not until 1975 that the City Code was amended to require that a conditional use permit be obtained for sales yards for building materials. Subsequently, the City Code was amended further to require conditional use permits for all outdoor storage. Although Building Materials Outlet and Cheney believe that outdoor storage should be considered a legal non-conforming use, they would like to continue working with the City to establish reasonable conditions with respect to the outdoor storage if the City believes that it is not a legal non-conforming use. Also, Building Materials Outlet has already remedied nearly all of the items referenced in the City's December 20, 2006 compliance letter. For example, employees inspect the site daily to ensure that refuse is properly discarded, a sign permit was obtained, weather stripping was added around windows and doors that needed it, and those areas of the building that needed painting were painted. If the City believes that a permit is required, summarized below are conditions that Building Materials Outlet and Cheney believe would be reasonable and appr6priate for an interim use permit. I . Building Materials Outlet would ensure that the interim use permit is recorded as requested by the City. 2. City Code Chapter 11, Section 11.60, Subd. 14 (14) specifically lists as permitted uses: "Warehousing and wholesaling and related sales or showrooms." While Building Materials Outlet is in the wholesaling business, occasionally retail sales occur. For example, a contractor who normally buys goods in bulk for projects may refer someone Doc#2382585V RECEIVED JUL 2 3 20P7 -17 to the site to purchase goods in a more limited quantity (which may constitute "retail sales"). Building Materials Outlet believes that these occasional retails sales are the type of "related sales" that are expressly permitted by the City Code. The sales are related because they are the same goods that are usually sold wholesale. As noted in its application, the majority of Building Materials Outlet's sales are to contractors. Also, Building Materials Outlet and Cheney believe that retail sales should be considered a legal non-conforming use because from 1960 until 1975 the City Code provided that all uses permitted under C-1 and C-2 classifications were permitted under the I-1 classification. In 1960, the City Code allowed retail stores as a permitted use in the C-1 district, and shopping centers were permitted uses in the C-2 district. Shopping centers continued to be a permitted use under the City Code in 1970. From the 1960's through 2007 retail sales have occurred at the site. Most notably Mr. Carton's business, which Building Materials Outlet purchased, included retail sales from the 1960's until approximately 2006. 3. Building Materials Outlet will provide a Site Plan to identify the outdoor storage areas, vehicle access and driving lanes, and setbacks. 4. Building Materials Outlet would like to continue storing materials on the east, south and west sides of the building so long as it does not interfere with the required drive aisles. 5. The outside storage of trailers and building materials would be limited to the number and location as shown on the approved Site Plan. 6. All trailers would be located within the designated trailer storage area shown on the approved Site Plan. 7. Required setbacks will be delineated and outdoor storage items would be moved back from the property lines. 8. Building Materials Outlet would relocate the trash containers to the area between the two buildings at the site, which would ensure that the trash containers are completely out of sight. 9. The outdoor storage area for building materials will be screened from views from Hwy 55 to the north and east with an 8' high privacy fence made of wood. Building Materials does not believe that an additional fence should be required to surround the trailers because the trailers are already secure (they are locked), and the appearance of the trailers is very similar to the trailer storage on surrounding properties (which are not screened). 10. A screening plan would be provided showing the proposed screening, and the screening would be accomplished within 60 days following approval. 11. With respect to surfacing the outdoor storage/parking areas, the main driveway into the property will be paved 200' from Hwy 55 to the south, and 100' to the east of the building. It would be much more expensive to pave the entire outdoor storage/parking area because the asphalt would need to be twice as thick as normal to handle the x Doc# 2382585\1 / a 7 fG 1 equipment that is used at the site. Neither Building Materials Outlet nor Cheney think it would be reasonable to undertake more extensive surfacing with perimeter concrete curb and gutter, underground piped storm sewer system and additional erosion control measures at this time. As noted above, Building Materials Outlet's lease expires on June 30, 2010. Building Materials Outlet and Cheney believe that it does not make economic sense to incur that expense with less than three years remaining on the lease. It is likely that the property will be sold and redeveloped upon the expiration of the current lease. 12. No hazardous materials would be stored on the property. 13. A minimum 20' emergency access aisle would be designated and maintained on the south and west sides of the building, and a 24' drive aisle would be maintained through the parking and storage area along the east side of the building. 14. In connection with the development taking place on Dart's property to the east, it is anticipated that there will be new landscaping installed between the two properties, a portion of which will be located on Cheney's property as shown on the drawing attached hereto. As noted previously, Building Materials Outlet's lease expires in less than three years and Building Materials Outlet and Cheney believe that it would not be reasonable, and it does not make economic sense, to incur the expense of additional landscaping, with automatic irrigation, at this time. 15. As noted above, a sign permit has been obtained and Building Materials Outlet believes that all signs have already been brought into compliance. Doc# 2382585\1/ 8 ` I 07/13/2007 02:14 PM Dart Transit 6516831855 2/2 LATE ~i 47%<<r c_ f_- SQL J0)~ 1 y. & l ..y OV k00F HN, ICH ~~p0 VERIF', ;.OCA fft, C',f- i I, ~f RECEIVED JUL 2 3 2007 I August ;e,), 2007 tE 0 E [I Y E SEP Y iI 2007 Mayor of Eagan Mr. Mike Ridley Mr. Mike Maguire City Planner City of Eagan City of Eagan 3830 Pilot Knob Road 3830 Pilot Knob Road Eagan, MN 55122 Eagan, MN 55122 Eagan City Council Members Ms. Pam Dudziak City of Eagan Planner 3830 Pilot Knob Road City of Eagan Eagan, MN 55122 3830 Pilot Knob Road Eagan, MN 55122 Re: Building Materials Outlet Midwest, Inc. - Application for Interim Use Permit to Allow Outdoor Storage File Number: 02-IN-02-07-07 Ladies and Gentlemen, On August 28, 2007, the Eagan Planning Commission unanimously voted to recommend that the City Council approve our application for an interim use permit subject to the nineteen conditions set forth in City's Planning Report (including condition number 14(b)). While we appreciate the Planning Commission's recommendation, we would like the City Council to consider modifying five of the recommended conditions as follows: Conditions 5(a) and 6 - We would like to be able to continue storing materials on the south and west sides of the building (in addition to the east side) so long as we maintain emergency vehicle access and driving lanes of 20 feet. Condition 8 - We would like to keep our trailer sign located at the northeast comer of the building. That trailer is the way the majority of the contractors and vendors that we do business with are able to locate our business. If we are required to move the trailer and apply for an identification sign to be installed on the front of the building, such a sign would not be as effective because there are several large trees directly in front of the building that would make it extremely difficult for our contractors and vendors to see the sign. Condition _ 11 - Rather than being required to fence in the entire storage area for the trailers, which would make it difficult to access the trailers and would require that we hire a night security guard ta, allow truck drivers to drop off and pick up trailers after business hours, we would like to use trees to screen the storage area for trailers from views from Hwy 55 to the north. Condition 14(b) - Because of the costs involved with recycled asphalt aggregate and because there are less than three years remaining on our lease, we would like the Council to approve the interim use permit subject to Condition 14(c) rather than 14(b), which would allow the existing surfacing of the outdoor storage area to remain. August, 2007 Page 2 We appreciate your consideration. Very truly yours, BUILDING MATERIALS OUTLET MIDWEST, INC. s By Jim Don ttyman, O B C ynn 4Ri6riAresident cc: Steve Cheney Angie Erickson i