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06/02/2009 - City Council Regular AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING JUNE 2, 2009 6:30 P.M. 1. ROLL CALL AND PLEDGE OF ALLEGIANCE P I II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) f. a A. APPROVE MINUTES P. 9 B. PERSONNEL ITEMS P 3 C. APPROVE Check Registers D. APPROVE Massage Therapy Establishment License for Sara Padrnos (Massage Solutions) to be located at 3348 Sherman Court, Unit 103 P)5E. DIRECT staff to prepare an Ordinance Amendment for mechanical screening )°)Ip F. APPROVE extension of Preliminary Subdivision for The Heritage of Highview Pap G. RECEIVE Bids and Award Contract 09-12 (Diffley Road and Rahn Road - Intersection / Roundabout Improvements) p aQ. H. APPROVE Plans and Authorize Advertisement for Bids for Contract 08-13 (Sibley Terminal Industrial Park - Storm Sewer Improvements) P.23 I. APPROVE Modifications to the Winter Trail Maintenance Program (2009 - 2010) P,arl J. AUTHORIZE Issuance of Building Permit to MVTA for Cedar Grove Transit Station prior to Final Plat V. 7 PUBLIC HEARINGS VI. OLD BUSINESS VII. NEW BUSINESS -P -),S A. CONDITIONAL USE PERMIT and FINAL PLAT- Lafarge North America - A Conditional Use Permit to allow outdoor storage of tractor-trailers, trucks, and other equipment and a Final Plat of approximately 4.82 acres to create one lot located at 855 Apollo Road on Lot 10, Block 2, Eagandale Center Industrial Park No 3 in the NE of Section 11. ~S B. PLANNED DEVELOPMENT AMENDMENT -Home Depot - A Planned Development amendment to modify the permitted size, location and type and duration of outdoor displays, to extend the duration of seasonal sales, and to allow an 8' fence height enclosure of the seasonal sales area located at 3220 Denmark Avenue on Lot 1, Block 1, Lexington Second Addition in the SE %4 of Section 10. 49. jj7 C. 5 YEAR CAPITAL IMPROVEMENT PROGRAM (2010-2014), Part III - Infrastructure VIII. LEGISLATIVE I INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY (There are no items at this time) X. ADMINISTRATIVE AGENDA XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. CLOSED SESSION XIII. ADJOURNMENT Mefflo 4 City of EaQali TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MAY 29, 2009 SUBJECT: AGENDA INFORMATION FOR JUNE 2, 2009 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the June 2, 2009 City Council agenda, the following items are in order for consideration. Agenda Information Memo June 2, 2009 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 May 19, 2009 regular City Council meeting and minutes of the March 12, 2009 Special City Council meeting as presented or modified. ATTACHMENTS: • Minutes qf the May 19, 2009 regular City Council meeting are enclosed on pages 3 through Co • Minutes of the May 12, 2009 Special City Council meeting are enclosed on pages 7 through oC, DRAFT MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota May 19, 2009 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Tilley, Bakken and Hansen. Councilmember Fields was absent. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, May 19, 2009 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Tilley, Bakken and Hansen. 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 Engineer Russ Matthys, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA City Administrator Hedges noted that there will be a Closed Session to discuss the appellate ruling for the Larson Automotive, U-Haul and Quam properties in Cedar Grove. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as presented. Aye: 4 Nay: 0 RECOGNITIONS AND PRESENTATIONS CONSENT AGENDA Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the Consent Agenda as presented. Aye: 4 Nay: 0 A. It was recommended to approve the minutes of the May 19, 2009 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Steve McBride as a seasonal street maintenance worker. 2. It was recommended to approve the hiring of summer seasonal staff for Recreation. 3. It was recommended to approve the hiring of summer seasonal staff for Cascade Bay. C. It was recommended to ratify check registers dated April 30, 2009, and May 7, 2009 as presented. D. It was recommended to adopt a Proclamation saluting 150 years of continuous education by Independent School District 197. E. It was recommended to direct staff to submit the 2008 Draft Comprehensive Guide Plan Update to the Metropolitan Council for formal review. F. Removed. G. It was recommended to approve the plans and specifications for Contract 09-08 (Citywide Trail Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, June 25, 2009. H. It was recommended to award Contract 09-10 (Yankee Doodle Road / Yankee Drive / Rahncliff / Cliff Lake Road - Street and Median Landscape Improvements) to McNamara Contracting, Inc., for the base bid of $841,285.10 and the alternate bid in the amount of $4,021.00 fora total amount of $845,306.10 and authorize the Mayor and City Clerk to execute all related documents. 1. It was recommended to proclaim June, 2009 as Eagan Lakes Appreciation Month and authorize the Mayor and City Clerk to execute all related documents. J. It was recommended to authorize staff to enter into an agreement with the McKinstry Company to conduct energy audits of City buildings and facilities, and to prepare a Federal Recovery Act Energy Efficiency and Conservation Block Grant application on behalf of the City. 9 City Council Minutes ~Rq c May 19, 2009 T Page 2 K. It was recommended to approve the temporary 3.2 percent malt liquor license for the Eagan Lions Club for the Fourth of July celebration (July 3-4, 2009) and waive the $25 license fee. L. It was recommended to direct the City Attorney's office to prepare an ordinance amendment to Chapter 10 regarding dangerous dogs. M. It was recommended to approve a Premise Permit for St. Paul Midway Lions Club Foundation, Inc. to conduct Pull-tab operations at Time Out Restaurant, 2864 Highway 55. N. It was recommended to approve an extension of the On-Sale Liquor License for Mediterranean Cruise Cafe located at 3945 Sibley Memorial Highway to allow outdoor liquor service in a fenced-in area (adjacent to the building and patio) on May 30 and 31, 2009. 0. It was recommended to approve the off-sale liquor license for Marko Erian, Inc., dba E & M Liquor, 1444 Yankee Doodle Road. P. It was recommended to approve a license to sell tobacco products for Marko Kamel, E & M Liquor, located at 1444 Yankee Doodle Road. PUBLIC HEARINGS PROJECT 858, SIBLEY TERMINAL INDUSTRIAL PARK STORM SEWER IMPROVEMENT City Administrator Hedges introduced this item regarding Project 858, Sibley Terminal Industrial Park - Storm Sewer Improvement. City Engineer Matthys gave a staff report. Mayor Maguire opened the public hearing. Todd Johnson discussed the history and drainage issues of the property and the need for the project to proceed. However, he also objected to the amount of his proposed assessments stating that, since the drainage is being improperly directed onto his property by a ditch block in TH 13, his property is not able to develop because of the flow coming from a larger upstream drainage area. There being no further public comment, Mayor Maguire turned discussion back to the Council with follow up questions to staff. Councilmember Bakken moved, Councilmember Tilley seconded a motion to continue the public hearing for Project 858 indefinitely. Aye: 4 Nay:O Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve Project 858 (Sibley Terminal Industrial Park - Storm Sewer Improvement) and authorize the preparation of detailed plans and specifications and acquisition of an appraisal for the affected properties. Aye: 4 Nay: 0 OLD BUSINESS There were no Old Business items. NEW BUSINESS CONDITIONAL USE PERMIT - MAGGIE MELL City Administrator Hedges introduced this item regarding a request for conditional use permits to allow boarding of up to nine horses and a riding arena located at 4085 Lexington Avenue South. City Planner Ridley gave a staff report. John Schonberg and Maggie Mell, applicants, discussed their plans for the property. 4 City Council Minutes May 19, 2009 ,Q P Page 3 1 7 Pete Ramstad, adjoining property owner to the south, expressed concern in regard to the process and procedures followed for the conditional use permit. He further expressed concern in regard to manure management, the density of horses, clearing of trees on the property, possible encroachment into Patrick Eagan Park, and future use of the property should a conditional use permit be issued. Three area property owners expressed their support for the proposed use of the property. Staff and Council addressed the questions and concerns of Mr. Ramstad. Mayor Maguire stated his support for the proposed horse boarding but suggested that he would approve an interim use permit rather than a conditional use permit due to the fact that a conditional use permit runs with the property and should the property be sold in the future, the City Council would like an opportunity to visit with the new owners. It was the consensus of the Council that an interim use permit would be the preferred method with which to consider the boarding of animals. It was noted that said application request would have to go back before the Advisory Planning Commission. Councilmembers and staff discussed conditions that should apply to the permit. Mayor Maguire moved, Councilmember Bakken seconded a motion to continue, until July 7, 2009, consideration of a Conditional Use Permit to allow boarding of up to nine (9) horses for Maggie Mell located at 4085 Lexington Avenue South Aye: 4 Nay: 0 Mayor Maguire moved, Councilmember Tilley seconded a motion to waive the application fee for an interim use permit for Maggie Mell. Aye: 4 Nay: 0 Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to allow a riding stable on property consisting of approximately 5 acres located at 4085 Lexington Avenue South, in the SE % of Section 22 subject to the following conditions. Aye: 4 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The property shall be platted prior to issuance of a building permit. 3. The riding stable shall meet a minimum fifty-foot setback from all property lines. 4. A building permit shall be obtained prior to construction of the riding stable. 5. A building permit shall be obtained for the existing southern run-in. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE City Administrator Hedges discussed the scheduled closing of the north parallel runway at MSP Airport for reconstruction. Assistant to the City Administrator Miller made a brief presentation. A proposed letter to the FAA was discussed. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve correspondence to the FAA regarding the use of airspace during the reconstruction of Runway 12L/30R. Aye: 4 Nay: 0 ADMINISTRATIVE AGENDA There were no action items on the Administrative Agenda. VISITORS TO BE HEARD 5- City Council Minutes May 19, 2009 Page 4 SFr There were no visitors who wished to be heard. ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 9:20 p. M. Date Administrative Secretary / Deputy Clerk Lg MINUTES SPECIAL CITY COUNCIL MEETING TUESDAY, MAY 12, 2009 5:30 P.M. EAGAN ROOM - EAGAN MUNICIPAL CENTER City Council members present: Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. City staff present: City Administrator Hedges, Assistant to the City Administrator Miller, Director of Administrative Services VanOverbeke, Water Resources Coordinator Macbeth, Water Resources Specialist Thompson, Public Works Director Colbert, Superintendent of Streets Struve, Superintendent of Utilities Schwan, Community Development Director Hohenstein, City Engineer Matthys, and Communications Director Garrison. 1. ROLL CALL AND AGENDA ADOPTION Mayor Maguire called the meeting to order. Councilmember Fields moved; Councilmember Bakken seconded a motion to adopt the agenda as presented. Aye: 4, Nay: 0 (Councilmember Tilley not present for vote) II. PUBLIC WORKS 5-YEAR CAPITAL IMPROVEMENT PLAN (2010-2014) City Administrator Hedges introduced the item. Public Works Director Colbert provided an overview of the proposed 2010-2014 Part III CIP. The City Council also discussed a rate study to explore funding sources for the deficit within water quality. Colbert noted that it would be helpful to determine what strategy might be appropriate to address the federal government water quality requirements and related mandates. The Council directed the study to the Finance Committee for further discussion and review. The City Council directed the 5-year CIP, as presented, to the June 2, 2009 City Council meeting for formal consideration under New Business. III. WINTER TRAIL MAINTENANCE PLAN REVIEW City Administrator Hedges introduced the item, noting that it is the policy of the City to review its winter trail maintenance plan in the spring of each year. Mayor Maguire noted the City's policy enacted in 2008 to utilize in-house City staff for trail plowing operations and to designate trail plowing as a secondary priority, taking place after the majority of local street snow and ice operations were completed. Superintendent of Streets Struve summarized trail plowing operations in 2008, and noted that the City received relatively few calls regarding the policy change enacted. 7 Special City Council Minutes May 12, 2009 Page 2 Struve reviewed Citizen Petition #1 for requesting winter maintenance of the sidewalk system on the east side of Burgundy Drive between Robin Lane and the northern radius/intersection of Merlot Curve. City Council discussed the request and there was consensus not to add the segment to the City's winter trail maintenance program. Struve reviewed New Trail Request #1, which would add trails installed on both sides of Northwood Parkway from Pilot Knob Road to Denmark Avenue. The City Council discussed the request and there was consensus to only add the north side of Northwood Parkway to the City's winter trail maintenance program. Struve reviewed New Trail Request #2, which is a trail on the north side of Silver Bell Road from Blackhawk Road to Cedar Grove Parkway. The City Council discussed the request and there was consensus to plow the north trail, but cease plowing the southern trail on Silver Bell Road. Struve reviewed New Trail Request #3, which is a trail on the west side of Federal Drive from Yankee Doodle Road southward connecting to existing segments that terminate at Violet Lane. The City Council discussed the request and there was consensus to add the trail segment along the west side as indicated on the location map. IV. OTHER BUSINESS The City Council recognized Councilmember Tilley's birthday. City Administrator Hedges provided an update on the upcoming Emergency Management training on August 24-28, 2009. V. VISITORS TO BE HEARD There were no visitors to be heard. V. ADJOURNMENT Councilmember Fields moved; Councilmember Tilley seconded a motion to adjourn the meeting at 7:23 p.m. Aye: 5, Nay: 0 8 Agenda Information Memo June 2, 2009 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Skate School Coordinator--- ACTION TO BE CONSIDERED: To approve the hiring of a person to be named as Skate School Coordinator. Item 2. Resignation/Custodian/Community Center-- ACTION TO BE CONSIDERED: To accept the resignation of Joshua Berndtson, Custodian at the Community Center and authorize his replacement. Item 3. Resignation/Police Officer-- ACTION TO BE CONSIDERED: To accept the resignation of Police Officer Paul Tupy and authorize his replacement. Item 4. Seasonal Street Maintenance Worker-- ACTION TO BE CONSIDERED: To approve the hiring of Thomas Schellinger as a seasonal street maintenance worker. Item 5. Seasonal Park Laborers-- ACTION TO BE CONSIDERED: To approve the hiring of Craig Spande, Kevin Stevenson and Joshua Garcia as seasonal park laborers. Item 6. Seasonal Ballfield Attendants-- ACTION TO BE CONSIDERED: To approve the hiring of Andrew Koppang, Robert Edwards and Matthew Carchedi as seasonal ballfield attendants. Agenda Information Memo June 2, 2009 Eagan City Council Meeting Item 7. Seasonal Park Attendant-- ACTION TO BE CONSIDERED: To approve the hiring of Richard LeMay as a seasonal park attendant. Item 8. Seasonal Part-time Building Attendant III/Civic Arena-- ACTION TO BE CONSIDERED: To approve the hiring of Andy Barry as a seasonal part-time Building Attendant III at the Civic Arena. Item 9. Summer Seasonal Recreation Staff— ACTION TO BE CONSIDERED: To approve the hiring of summer seasonal staff for Recreation. ATTACHMENTS: Enclosed on pages through /a is a copy of summer seasonal staff for Recreation. Iv 41100 City of Eaftali Mello To: Virginia and Gina From: Parks and Recreation Date: June 2, 2009 Subject: June 2 City Council Meeting New Seasonal Hires for Parks and Recreation The following employees were hired in Parks and Recreation. Please add them to the June 2 City Council meeting agenda. Name Division Job Title Bertsch, Kaylin Park & Rec Recreation Assistant Donahue, Brian Park & Rec Tennis Assistant Douville, Ellen Park & Rec Tennis Assistant Dyshaw, Brittany Park & Rec Recreation Assistant Elm, Elliot Park & Rec. Tennis Instructor Fischer, Nicole Park & Rec Tennis Instructor Galloway, Meghan Park & Rec Recreation Leader Hannasch, Sarah Park & Rec Recreation Leader Harms, Jenni Park & Rec Tennis Assistant Haynes, Hillary Park & Rec Recreation Leader Hwang, Wei-Jay Park & Rec Tennis Instructor A(Andy) Joyce, Katie Park & Rec Recreation Assistant Laramy, Lindsay Park & Rec Recreation Assistant Lash, Carly Park & Rec Recreation Assistant Loher, Katherine Park & Rec Recreation Leader Maczko, Kimberlee Park & Rec Recreation Leader Maruish, Abigail Park & Rec Recreation Leader Mason, Matthew Park & Rec Recreation Assistant McKenzie, Stephanie Park & Rec Recreation Leader Michaud, Jordyn Park & Rec Recreation Assistant Mott, Megan Park & Rec Recreation Assistant O'Halloran, Megan Park & Rec Recreation Leader Molly O'Halloran Park & Rec Recreation Assistant Opsahl, Claire Park & Rec Recreation Leader Pawlenty, Anna Park & Rec Recreation Assistant Ribar, Grant Park & Rec Tennis Assistant Rondeau, Cody Park & Rec Tennis Assistant Sachs, David Park & Rec Tennis Instructor Same, Stephanie Park & Rec Recreation Assistant Schmeisser, Megan Park & Rec Recreation Assistant Schneider, Stephanie Park & Rec Recreation Assistant Schmuck, Jessica Park & Rec Recreation Assistant Schull, Steven Park & Rec Tennis Assistant Sheahan, Sachary Park & Rec Recreation Assistant Smith, Brenton Park & Rec Recreation Assistant Unmacht, Sarah Park & Rec Recreation Assistant Vandomelen, Lindsey Park & Rec Recreation Leader Webster, Blake Park & Rec Recreation Assistant Winter, Jocelyn Park & Rec. Recreation Leader Holm, Jacob CB Lifeguard Parr, Hannah CB' Guest services Heeb, Chelsey CB Pool Attendent Hardegger Jonathan CB Guest services Polum, Matthew CB Lifeguard Rathman, Anne CB Lifeguard Lauder, John CB Guest Services Johnson, Matt CB Guest Services IOC Agenda Information Memo June 2, 2009 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated May 14, 2009 and May 21, 2009 as presented. ATTACHMENTS: • Check registers dated May 14, 2009 and May 21, 2009 are enclosed without page number. I3 Agenda Memo City Council Meeting June 2, 2009 CONSENT AGENDA: D. Massage Therapy Establishment License for Sara Padrnos (Massage Solutions) ACTION TO BE CONSIDERED: Approve a license for Sara Padmos to operate a Massage Therapy Establishment (Massage Solutions) at 3348 Sherman Court, Unit 103. FACTS: • Sara Padrnos has applied for a massage therapy establishment license and has complied with all requirements of the application. • The Police Department conducted a background investigation and found no reason to deny the application. • The business will be located at 3348 Sherman Court, Unit 103, and will be known as Massage Solutions. ATTACHMENTS: • None. The application is available for review in the Administration Department. !Z+ Agenda Information Memo June 2, 2009 Eagan City Council Meeting E. ORDINANCE AMENDMENT - CITY OF EAGAN ACTION TO BE CONSIDERED: To direct staff to initiate an Ordinance Amendment to Chapter 11, specifically as it relates to the screening of building and ground-mounted mechanical equipment. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ? The City adopted mechanical equipment screening standards in 2006 and application of the standards has generally been successful; however, as with the applying any new ordinance standard, idiosyncrasies are discovered and staff has kept track and noted areas that need attention. ? As an amendment to Chapter 11, a Public Hearing before the APC will be necessary before this item returns to the City Council. ATTACHMENTS: None /s Agenda Information Memo June 2, 2009, Eagan City Council F. EXTENSION OF PRELIMINARY SUBDIVISION APPROVAL (HERITAGE OF HIGHVIEW) ACTION TO BE CONSIDERED: To approve a one-year extension of the Preliminary Subdivision approval for Heritage of Highview, consisting of four single-family lots on approximately 1.7 acres on properties located at 1416 & 1420 Highview the SE '/4 of Section 04. FACTS: • The City Council approved the Preliminary Subdivision on June 6, 2006. • A one-year extension of the Preliminary Subdivision approval was granted in 2007. • A one-year extension of the Preliminary Subdivision approval was granted in 2008. • The applicant is requesting another one-year extension at this time. (Please see attached letter for explanation) • The requested one- year extension would allow until June 9, 2010 for the plat to be recorded. ATTACHMENTS (2): Location Map, a e (_7 Plat Map, page Letter from Gloria Fritz, page _ /`If Eagan Boundary N Right-of-way Para Location Map ~Park Area Location k Area Building Footprint zz Z-/ © ~ c yf Subject Site Y P q © A ° P a CJ 9 D o 1 Eno 0 C, 13 »F Q3 op~5~ia ~~°v~t g o i® psi°©. Q ar : Q° Q d Gj 29 P' o - B 9 o Q - oro Q _ 6 E`6 ° o p4 g B 'fix:,. er• j pp • ~ ~ ~ e 0• Q ©~r.. q O 6 O o O Q B ° ® 8 4 0 ~.orOo tl.a...e ~ a pcTD ~ p ° aoo 4 a 4 e ~b g 17 fla o.. ° a a ~ a 4.• ~ f. o ~ 4 to a rr 0 P Q fl pO d o; a B 0 p a O 4 9 rjo: 4 a- 4° 0P- ROM 00 ® y , eo m c / o 1000 0 1000 2000 Feet Development/Developer. The Heritage of Highview /7 N Map Prepared using ERSI ArcView 3.1. Parcel base map data provided by Dakota County Office of GIS and is current as of April 2005. W E City of Eap THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S community D.vlopm.nt o•Partm•~t not responsible for errors or omissions. EXHIBIT A THE HERITAGE OF HIGH VIEW XROW ALL YIN BY THESE PRESENTS That Dam Ann. FIN& fwn.r1& f....1).. of the mBo.19 d..w.d 11 Properly 2.1222. H N. Canty of 02kd0. StOt• of UM-.t.. t..11: 1 H I G r; E it n i E ii J E 8 Lem 2 ond 3. 2210HMEW PARK ADDITdI. Cad. 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CIVIL 190111111 R0 ARD LARD BORTBT IRO Prrrivpn u 1 9 )nne May 15, 2009 MAY 15 2009 City of Eagan - Planning Department - To Whom It May Concern: I am writing to you to ask for you to extend for a year 2009-to 2010 my (4) lot development of: Heritage of Highview The reasons are as follows: - Due Economic Conditions - Over Built Housing & Foreclose Housing Market - Twin Cities Jobless Rate. . . has increased, therefore affecting quality of higher priced homes to potential buyers - I am forced to "wait" in order to meet the market value of the home value in the neighborhood of the subject site In addition to the above, it has been hard to get funding for my project's improvements... To conclude: At this time I am forced to put this project on "hold" and continue to wait until such time when the condition(s) mentioned above have changed. Thank you for your time! Yoursftruly, / i LGlor-ia- Fritz Agenda Information Memo June 2, 2009 Eagan City Council Meeting G. CONTRACT 09-12, DIFFLEY ROAD & RAHN ROAD - INTERSECTION/ROUNDABOUT IMPROVEMENTS ACTION TO BE CONSIDERED: Award Contract 09-12 (Diffley & Rahn Road - Intersection/Roundabout Improvements) to Max Steininger, Inc., for the base bid of $958,813.31 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On February 13, 2006, the City Council received an update of a County traffic study considering improvements at the intersection of Diffley Road (County State Aid Highway 30) and Rahn Road. The study evaluated options for improving this intersection that included both standard traffic signal options reviewed in the past and less conventional design options (i.e. roundabout), to determine the best operation in consideration of minimizing impacts to area residents. The Council subsequently endorsed the improvement of the intersection with a roundabout. • Construction of a roundabout at the Diffley Rd intersection with Rahn Rd, as well the construction of a bituminous trail on the north side of Diffley Rd (Rahn Rd to Blackhawk Rd), were then programmed into the City's 5-Year Capital Improvement Program (2008- 2012). Due to delays in long-term maintenance agreements, the project was delayed to 2009. On March 16, 2009, the Council approved a Joint Powers Agreement with Dakota County that provides for the City to be the lead agency in delivering this public improvement. All required rights or way and temporary easements for this improvement have been previously acquired by Dakota County. • On April 21, 2009, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 09-12. • At 10:30 a.m. on May 24, formal bids were received for this project. A copy of the bid summary is attached. All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The low base bid of $958,813.31 from Max Steininger, Inc. has been reviewed by the City's consultant, SEH Inc., and found to be in order for favorable Council action. • Since the proposed intersection reconfiguration and trail benefit the City at large and traveling community as a whole as operational and safety improvements similar to a traffic signal improvement, no special assessments are proposed. ATTACHMENTS: • Bid Summary, pagep2( 30 BID SUMMARY CSAH 30 (Diffley Road)/Rahn Road Intersection and Trail Improvements City Project No. 719 - City Contract No. 09-12 Bid Date: Thursday, May 28, 2009 Bid Time: 10:30 a.m. Bidders Total Base Bid 1. Max Steininger, Inc. $958,813.32 2. Northwest Asphalt, Inc. $979,887.30 3. Park Construction Co. $1,030,675.00 4. Valley Paving Inc. $1,057.325.80 5. Bituminous Roadways Inc. $1,061,313.31 6. McNamara Contracting Inc. $1,072,702.69 7. Palda and Sons, Inc. $1,191,708.02 Project 719- CSAH 30 (Diffley Road)/Rahn Road Intersection and Trail Improvements Low Base Bid $958,813.31 Engineers Estimate $1,094,444.45 Percent Under Estimate -12.4% Agenda Information Memo June 2, 2009 Eagan City Council Meeting H. APPOVE PLANS & SPECIFICATIONS/ AUTHORIZE ADVERTISEMENT FOR BIDS - CONTRACT 08-13, SIBLEY TERMINAL STORM DRAINAGE IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract 08-13 (Sibley Terminal Industrial Park Storm Drainage Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, July 16, 2009. FACTS: • Contract 08-13 provides for the drainage improvements through the Sibley Terminal Industrial Park area near TH 13 and Terminal Drive in northwest Eagan (City Project 858). • On July 18, 2006, the City Council held a public hearing for Project 858, approved the project, authorized the acquisition of the pond easement (alternate #4) and authorized preparation of detailed plans and specifications. • Because the original approval lapsed, the City Council held another public hearing on May 19, 2009 for Project 858. Due to concerns expressed by the assessable property owners, the Council continued the public hearing indefinitely and directed staff to obtain assessment benefit appraisals. They also directed the preparation of detailed plans and specifications as necessary to obtain updated project cost information. • All of the easements needed for the construction of these improvements have been acquired from the impacted property owners. • The benefit appraisals are anticipated to be completed by the time of bid opening for consideration by the City Council on July 21, 2009. • 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 June 2, 2009 Eagan City Council Meeting 1. WINTER TRAIL MAINTENANCE PROGRAM (2009-2010) ACTION TO BE CONSIDERED: Approve specific additions and modifications to the '09-'10 Winter Trail Maintenance Program as endorsed by consensus at the May 12 Council Workshop. FACTS: • In 1998, the City implemented a comprehensive Winter Trail Maintenance Program providing for the snow removal of approximately 50% of the City's transportation trail system adjacent to collector/arterial streets (currently 70.3 miles of 111 mile trail system). • Part of that program included a policy that included, among other things, a schedule for Council review and possible revisions to the most current adopted plan. In 2003, the Council amended its Policy to require that all future requests be reviewed by the Council at the first available work session after April 1st before formal consideration at a regular Council meeting. • At the May 12 Council workshop, the Council received and considered 4 segments resulting from 1 Citizen Petition (CP) and 3 New Trail (NT) segments constructed in 2008. As a result of that workshop discussion, the following consensus was reached: 1. CP #I (local sidewalk along the east side of Burgundy Dr.) • Denied - Due to this requested segment not connecting to a maintained community trail system, it was determined that it provided more of a local neighborhood benefit and could easily be handled by the adjacent homeowner associations. 2. NT #I (Northwood Parkway - Overpass) • Endorsed adding the north side only from Pilot Knob Rd to Denmark Ave. for inclusion into the Winter Trail Maintenance Program. 3. NT #2 (Silver Bell Rd.) • Endorsed transferring the current maintenance from the south side to the north side from Blackhawk Rd to Cedar Grove Pkwy into the Winter Trail Maintenance Program. 4. NT #3 (Federal Dr.) • Endorsed adding the west side of Federal Dr from Yankee Doodle Rd to 2,200 ft south (to existing segment) for inclusion into the Winter Trail Maintenance Program. ATTACHMENTS: • Location map showing all requests, enclosed on page • Draft Minutes of the May 12 Council workshop, pages through-- Winter Trail & Sidewalk Maintenance Route Considerations for 2009-2010 NT#1 ~a w F NTO CP#1 "AN NT#2 n Rn~ y4 yF. f, r SS j' a . e ~y P s R au~~N Plowed In 2008-2009 0 2 N Citizen Petition - CP #1 Date 5/7/09 City of Ea~aIl New Trail NT#1,2,3 Prepared by: City of Eagan Street Dept., SH File: L:l...lcmistreetsltrailslplowrtesl8x 11_route considerations 09 10.mxd Excerpt of DRAFT MINUTES SPECIAL CITY COUNCIL MEETING TUESDAY, MAY 12, 2009 5:30 P.M. EAGAN ROOM - EAGAN MUNICIPAL CENTER City Council members present: Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. City staff present: City Administrator Hedges, Assistant to the City Administrator Miller, Director of Administrative Services VanOverbeke, Water Resources Coordinator Macbeth, Water Resources Specialist Thompson, Public Works Director Colbert, Superintendent of Streets Struve, Superintendent of Utilities Schwartz, Community Development Director Hohenstein, City Engineer Matthys, and Communications Director Garrison. III. WINTER TRAIL MAINTENANCE PLAN REVIEW City Administrator Hedges introduced the item, noting that it is the policy of the City to review its winter trail maintenance plan in the spring of each year. Mayor Maguire noted the City's policy enacted in 2008 to utilize in-house City staff for trail plowing operations and to designate trail plowing as a secondary priority, taking place after the majority of local street snow and ice operations were completed. Superintendent of Streets Struve summarized trail plowing operations in 2008, and noted that the City received relatively few calls regarding the policy change enacted. Struve reviewed Citizen Petition #1 for requesting winter maintenance of the sidewalk system on the east side of Burgundy Drive between Robin Lane and the northern radius/intersection of Merlot Curve. City Council discussed the request and there was consensus not to add the segment to the City's winter trail maintenance program. Struve reviewed New Trail Request #1, which would add trails installed on both sides of Northwood Parkway from Pilot Knob Road to Denmark Avenue. The City Council discussed the request and there was consensus to only add the north side of Northwood Parkway to the City's winter trail maintenance program. Struve reviewed New Trail Request #2, which is a trail on the north side of Silver Bell Road from Blackhawk Road to Cedar Grove Parkway. The City Council discussed the request and there was consensus to plow the north trail, but cease plowing the southern trail on Silver Bell Road. Struve reviewed New Trail Request #3, which is a trail on the west side of Federal Drive from Yankee Doodle Road southward connecting to existing segments that terminate at Violet Lane. The City Council discussed the request and there was consensus to add the trail segment along the west side as indicated on the location map. 00 Agenda Information Memo Consent Eagan City Council Meeting June 2, 2009 J. AUTHORIZE ISSUANCE OF BUILDING PERMIT TO MVTA FOR CEDAR GROVE TRANSIT STATION PRIOR TO FINAL PLAT ACTION TO BE CONSIDERED: To authorize staff to issue a building permit for the Cedar Grove Transit Station prior to the recording of the final plat for the property. FACTS: • The City of Eagan has been working closely with the Minnesota Valley Transit Authority and other agencies to facilitate the transfer of excess Cedar Avenue/Hwy 77 right of way from MnDOT for construction of the transit station. • The City previously approved a Planned Development and Platting of the property to define the property for this purpose and MVTA and City staff have been working to finalize the details necessary to process the final plat. • The title work for the property has been more involved than is typically the case, because the right of way was acquired with the expectation that it would always be used for roadway purposes and not reconveyed for another purpose, as is being done at this time. • Final details, including the clarification of the status of the site of the previous Cedar Grove sewage treatment plant site and one of the boundaries of the plat itself, are being worked out at this time and it is anticipated that the final plat will be completed in the coming weeks. • In the meantime, MVTA is awarding the construction contract for the project and is submitting formal plans in anticipation of a building permit. In order to continue to facilitate this project, staff is requesting authorization to issue a building permit to MVTA upon completion of the ordinary review and requirements, but in advance of the completion of the Final Plat. • The City has occasionally considered such actions in other situations in which a public facility is being constructed and time is of the essence, as with certain school district projects. While this is unusual, there are precedents for this request. ATTACHMENTS: • None a4 Agenda Information Memo June 2, 2009, Eagan City Council Meeting VII. NEW BUSINESS A. CONDITIONAL USE PERMIT AND FINAL PLAT - LAFARGE NORTH AMERICA ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Conditional Use Permit to allow outdoor storage of trucks, tractor trailers and equipment located at 855 Apollo Road; subject to the conditions listed in the APC minutes. To approve a Final Plat (Eagan Materials Terminal Filing No.1) to create one lot on approximately 5 acres located at 855 Apollo Road. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ? The properties were platted in 1969 and the first building was constructed in 1986 when Nation Minerals Corporation, the parent company, bought the site. ? Numerous buildings and additions were constructed over the years. ? In 2008 they covered the loading system with a canopy. A site inspection associated with the building permit revealed the outdoor storage. ? The applicant is proposing outdoor storage of the following: • 10 tractor trailer combinations • 2 pickup trucks • 2 pieces mobile equipment (e.g. man lift) • 2 utility trailers • 2 front end loaders • Miscellaneous equipment ? The outdoor storage is proposed on an existing concrete pad, in the rear yard of the site, between the East and West Baghouse buildings. ? The storage area is visually screened from the east and west by the existing buildings. An existing six foot chain link fence is located at the entrance to the site and a six foot chain link fence is proposed on the rear property line. Privacy slats are proposed for both fence locations to provide visual screening. ? The applicant will replat the property to combine the four separate parcels into one single parcel. The green space will be 35% which exceeds the required 25%. ? The Advisory Planning Commission held a public hearing on May 26, 2009 and is recommending approval. ISSUES: None as 60 DAY AGENCY ACTION DEADLINE: June 14, 2009 ATTACHMENTS (4): Location map on page Final Plat drawing on page Draft May 26, 2009 A_PC minutes on page 1 Staff report on pagethroughI acs Eagan Boundary Right-of-way Location Map Park Area Area Building Footprint Sub ect Site 'm o o p AM: ° tp a o p Q ® D 0 O Q 0 cO v oil Z' q B 'i 904 O 1000 0 1000 2000 Feet DevelopmentlDeveloper: LaFarge Application: Conditional Use Permit Case No.: 11-CU-06-04-09 N THIS MAP IS INTENDED FOR REFERENCE USE ONLY w E City of Eakau The City of Eagan and Dakota County do not guarantee the accuracy of this information and are not responsible for errors or omissions. Community Development Department EAGAN MATERIALS TERMINAL FILING NO.1 1I I'- a .lirw.. 4/4 v \ \ \ \ k \ \ xiro. w. Pasaxs er mess PsFSwrs: 124 "..s r..u.~.. us..wn e.r~ea+. p......4 u. a e...•« 9a ii) \ \ , .w.+r .404« " u. 42.44 p owes s.. a auww.:.4a u .a - . a 4ww 1. « 4.2.22+.1:..4. 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RECEIVED APR A 5 20th Member Dugan moved, Member Heaney seconded a motion to nominate Member Keeley as Vice Chair of the Advisory Planning Commission. Member Chavez moved, Member Heaney seconded a motion to close nominations. All voted in favor. Motion carried 7-0. Member Dugan moved, Member Filipi seconded a motion to nominate Member Heaney as Secretary of the Advisory Planning Commission. Member Chavez moved, Member Heaney seconded a motion to close nominations. All voted in favor. Motion carried 7-0. V. PUBLIC HEARINGS A. LaFarge North America Applican Name: LaFarge North America Location: 855 Apollo Road; Lot 10, Block 2, Eagandale Center Industrial Park No 3 Application: Conditional Use Permit A Conditional Use Permit to allow outdoor storage of tractor-trailers, trucks, and other equipment. File Number: 11-CU-06-04-09 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated May 20, 2009. She noted the background and history. The applicant thanked Planning staff for their efforts and stated she and others were available for questions. Chair Chavez opened the public hearing. There being no public comment, Chair Chavez closed the public hearing and turned the discussion back to the Commission. Member Filipi moved, Member Heaney seconded a motion to recommend approval of a Conditional Use Permit to allow outdoor storage of trucks, tractor trailers and equipment for property located at 855 Apollo Road, legally described as Lot 10, Block 2, Eagandale Center Industrial Park No.3, in the NE % of Section 11, subject to the following conditions: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. Fencing shall be provided to screen the outdoor storage from public right-of-way per the plan received April 30, 2009. 3. The outdoor storage shall be limited to the items identified on the Site Plan received April 30, 2009, and storage shall occur in the designated parking areas as indicated on the Site Plan received April 30, 2009. 4. The applicant shall plat and record the properties under common ownership to achieve a minimum of 35% green space by October 1, 2009. A vote was taken. All voted in favor. Motion carried: 7-0. aq PLANNING REPORT CITY OF EAGAN REPORT DATE: May 20, 2009 CASE: 11-CU-06-04-09 APPLICANT: Lafarge North America HEARING DATE: May 26, 2009 PROPERTY OWNER: Same APPLICATION DATE: April 15, 2009 REQUEST: Conditional Use Permit PREPARED BY: Sarah Thomas LOCATION: 855 Apollo Road COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to allow outdoor storage of trucks, tractor trailers and equipment for property located at 855 Apollo Road, legally described as Lot 10, Block 2, Eagandale Center Industrial Park No.3, in the NE 1/4 of Section 11. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission 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. 3~ Planning Report - Lafarge North America May 26, 2009 Page 2 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8. Is appropriate after considering whether the property is in compliance with the City Code. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND/HISTORY The property was platted in 1969 and the building was constructed in 1986 as a single tenant building. National Minerals Corporation, the parent company, moved to Eagan from Fargo, North Dakota in 1986. Since 1986 NMC has experienced substantial growth in the metropolitan area and nationally. In 1988, NMC previously applied for, and received, approval for a Waiver of Plat to incorporate part of the adjacent lot to the north. They have since constructed a storage building and made an addition to their maintenance shop. In 1991 they expanded the office area to accommodate additional management and clerical employees. With the expansion, they received approval of a Variance request to exceed the maximum building coverage by 1.6%. In 2008 they covered their loading system with a canopy. The site inspection associated with this improvement revealed the storage occurring on the site. EXISTING CONDITIONS There are three existing buildings onsite; a 40,200 sq. ft. West Baghouse, a 17,800 sq. ft. East Baghouse and an 8,900 sq. ft. office/repair shop. Three storage silos and an elevated structure are located in the front yard of the property. Portions of the site are surfaced with concrete (61,184 sq. ft.) and asphalt (9,081 sq. ft.). 3( Planning Report - Lafarge North America May 26, 2009 Page 3 The applicant also has off site, outdoor storage on the adjacent property but has indicated that this storage will be moved to another one of their properties outside the City of Eagan. SURROUNDING USES The site is surrounded on all sides by property zoned and guided for industrial uses. EVALUATION OF REQUEST Compatibility with Surrounding Area - Outdoor storage is a conditional use in the I-1 zoning district. The subject site is surrounded by other industrial properties. The proposal appears consistent with the land use designation of Limited Industrial. Site Plan - The applicant is proposing outdoor storage of the following: • 10 tractor trailer combinations • 2 pickup trucks • 2 pieces mobile equipment (e.g. man lift) • 2 utility trailers • 2 front end loaders • Miscellaneous equipment 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. The applicant has proposed the installation of a six foot chain link fence with privacy slats along the north property line to contain and visually screen the outdoor storage. The entrance to the property is already enclosed with a six foot chain link fence. The applicant proposes to add the privacy slats to this existing fence as well. The existing buildings on the property provide the enclosure from the east and west. 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. All setbacks appear to be met. 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 properties are zoned and guided for industrial use and screening is not required from adjacent parcels that are zoned I-1. The proposed chain link fence with privacy slats will screen the storage area from the public right-of-way to the north. 4. The storage area shall not interfere with any pedestrian or vehicular movement. The proposed Site Plan indicates that the storage will not interfere with any pedestrian or vehicular movement. Planning Report - Lafarge North America May 26, 2009 Page 4 5. The storage area shall not take up required parking spaces or landscaping areas. The green space minimum requirement is 25%. The applicant proposes to plat the properties under common ownership. This will result in a green space coverage of 35%, which will exceed the requirement. 6. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. The area proposed for outdoor storage will be on a concrete area. Landscaping - The site contains some existing, mature landscaping and no additional landscaping is proposed. Grading/Storm Drainage - No changes are proposed to the existing conditions. Access/Street Design - Access to the site is currently from two driveway entrances onto Apollo Road and will remain unchanged with this development. SUMMARY/CONCLUSION The applicant is requesting approval of a Conditional Use Permit (CUP) for the outdoor storage of trucks, tractor trailers and equipment. The proposed outdoor storage occurs on the rear yard of the property and outdoor storage requirements appear to be met as proposed. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to allow outdoor storage of trucks, tractor trailers and equipment for property located at 855 Apollo Road, legally described as Lot 10, Block 2, Eagandale Center Industrial Park No.3, in the NE 1/4 of Section 11. 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. Fencing shall be provided to screen the outdoor storage from public right-of-way per the plan received April 30, 2009. 3. The outdoor storage shall be limited to the items identified on the Site Plan received April 30, 2009, and storage shall occur in the designated parking areas as indicated on the Site Plan received April 30, 2009. 4. The applicant shall plat and record the properties under common ownership to achieve a minimum of 35% green space by October 1, 2009. 33 Eagan Boundary Right-of-way Location Map Park Area Area Building Footprint VOMIV l o Subject Site op ® 9 v O Sam s 1 ® Q a ~r r Q c° o p GG'L C7 . 0 0 0 m P p 0 u o 9 a ® o 0 ~v - mm v®mo q m v q I ~ ~ 1 1000 0 1000 2000 Feet Development/Developer: LaFarge Application: Conditional Use Permit Case No.: 11-CU-06-04-09 3Lf N ~t^ of THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E My of The City of Eagan and Dakota County do not guarantee the accuracy of this information and are not responsible for errors or omissions. S Community Dowlopmant Dapartmant Current Zoning and Comprehensive Guide Plan Land Use Map Lafarge Conditional Use Permit 11-CU-06-04-09 Zoning Map PD r 7, Current Zoning: L vi f~h~ s o0 mp I-1 E o~x O 'A Location low PD Limited Industrial Jon armor J I-.I WY. NO. ~ ~ ~ Sri R-7 604, o a" 1200 Foot Comprehensive Guide Plan O Ob " Land Use Map Cil IND- ~ 7VD Current Land Use Designation: Goya °'Qk Location IJLJ RC Da [r Q IND :.'JND' IND ® a Limited Industrial ,rcrnuNKNWY. '..:o No. as S~l R ~ G IND s LD ND IND coo "a 1200 Feet -aaaaaaaw Pared base map Information provided by Dakota County Land Survey Department Daembor 2006. N 8Zoning information maintained by City Stan. City of Eaku 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 10 III \ ' , EAGANDALE CENTER INDUSTRIAL PARK No. 3 SCREENWdFEMGWG. ~6 x, \ 4 \ S T w I 'P E19 OEENJNATEO W10009 BTOILWPRMpg6 APW \ i 9 wL ~F \ RoetE rvPeac raM:nox 'M=u ~i.Rn m. rr ~A ~ ~ \ K ~ 1u , ~4 ~k o 9 y~'y !A~a w•, +w. Ci / 5a W 1_.^ Pu~w~o Z \ - _ _ -fY e -.y¢P Yh ~ iiW715~tF+~• at I F i J wl rase +Pn.a ,r,*r ;En~F^'h+fH+l+`M L T . c) Ilk 1-144,I4-q; {ii+l+Hf{ 1'+H H~- ~+fA,+l .1 X41 +Fki •,mw•- _ - m+r,mr NMI- .ti * Y X~ + r~.m 'Nr:y:v',~ • BjU yi I, isi Me al ~•,s i~ W 6 \ m. rn d v' Q%s I I, 2 CO BIAfl KING' ~ 81 .~~6r r w t SI §a I I DESIGNATE-TR ILER tO V S R OMeINATIONS ONs Y , -'M- e B WWP.TftUCK S y.-~ l.! y PIKUPTRUCKB 9 1_ yi CI. Evarvu J 2 PIEGESOF MOBILE EOUIPMENf ! Lil P q .na.ax rWws a°6o a n L3 s.FRONr.ENmtiADEiIB - MF9q.~fiMALLFpVU+MEn*~ 3 9 PARKING SETBACKS: Ir;4 I _ PUBLIC RDAD-a9 FT. SIDE LOT LINE - S FT. REAR LOT LINE - B FT. SURVEY INFORMATON PROVIDED BY rww~~ E.G RUD8 SOAR OF LINO LAKES, MN ALTNACSM LAND TITLESURVEY '~k''• .+f~l// A'I/I® ~ I I.: '`I • I I JOB N. 09088. DATED 04/13109 y-r dP,EEt3JJJ.py`X#/i i I I I 4 9 I I 5 lvmm? ~ - . 4 ~ •_s: ' ,J~ ~ N,N oEYR Mlai Wr. PR[ IGl1u6R W RNI ]EItl1.Yd - 855 APOLLO ROAD, EAGAN, MN SITE PLAN EORRK - OU10109 - 1130' tOFI 3 0 2009 1 4 fin i'' - - 7-7 A~• `.iJ'y -.t » R°' "'j~ . idF'', p .iv'~}+ ZA, VAI~ , 'WAY m? as A off' e .'i i Srl 4 k 1 w~ , IS +r I i l? C, Qp { m. M:...,.._......_.,.. _ . may... PHOTOS FRONT EXISTING Fzr ° ~ I is C -.4~it ~..V ~ !.-1S~:~i .R .tkl'1•~.~.v t tiC.~*G -~tL. r. 1 ~ ma ryf ,r% ~ I+ I t, PROPOSED RECEIVED APR 15 2009 PHOTOS REAR EXISTING own zt PROPOSED RECEIVED APR 15 2009 39 NARRATIVE Current: • Leased property north east of our property is used for vehicle/trailer parking. • The entrance to our property is enclosed with a 6' unscreened chain link fence for both safety and security at the south of our materials terminal facility. Proposed: A fenced and screened outdoor storage area, primarily for vehicle and trailer parking, in accordance with City of Eagan standards for industrial property. • All vehicles/trailers will be moved from the adjacent property to other leased Lafarge North America, Inc. locations outside the City of Eagan, or to approved outdoor storage at this Lafarge location. • All vehicles will be parked on a concrete drive located between two of our buildings, this area is approximately 27,000 feet and will accommodate the following equipment. o 10 tractor trailer combinations o 2 pickup trucks o 2 pieces mobile equipment (e.g. man lift) o 2 utility trailers o Z front_end loaders o miscellaneous equipment • We will provide a screened 6' chain link fence at the north of the property enclosing all stored equipment during non business hours. This will enclose open areas of the facility and screen parking from both Apollo Road and County Road 26. The fence will be screened with privacy slats to comply with the outdoor storage performance standards. 40 RECEIVED APR 1 5 2tlo9 Zoning Classifications: I-1 Limited Industrial District No proposed changes Timing/Phasing: Completed within 90 days of approval. Existing.- Land _Use: Construction Materials Terminal No proposed changes Surrounding Land Uses and Zoning within 660 feet: All land uses within 660 ft are zoned industrial as part of the Eagandale Center Industrial Park. No. 3 PROJECT PLANS Existing Conditions Plan • Boundary lines of property o Parcel 1: Lots 4, 5 and 6, Block 3, in Eag_andale Center Industrial Park No. 4, Dakota County, Minnesota o Parcel 2: The South 195 feet of Lot 10, Block 2, in Eagandale Center Industrial Park No. 3, Dakota County, Minnesota, excepting the West_ 1.65 feet thereof. o Parcel 3: Lock 3, Block 2, except the West 16.5 feet thereof, in Eagandale Center Industrial Park No. 3, Dakota County, Minnesoia_ o Parcel 4: The West 16.5 feet in Eagandale. Center Industrial Park No. 3, Dakota County, Minnesota. (Abstract) • PIR Numbers o 10-22502-102-02 o 10-22602-030-0.2. • Adjacent and on-site streets o South - Apollo Road 41 RECEIVED APR 1 5 l r~ o North - County Road 26 o East- Lunar Lane o West - Hwy 55 • On site easements o Easement - North States Power Company o Draining and Utility Easement - City of Eagan • Water bodies o Detention pond located north of the property • Existing buildings and structures o Office building o Truck repair shop o Material silos o Bag house Site Layout • Minimum building setback lines o No proposed changes • Proposed buildings and structures o No proposed changes • Adjacent and on-site streets o No proposed changes • On-site easements o No proposed changes • Parking areas o On site parking to consist of the following • 10 tractor/trailer combinations • 2 pickups • 2 pieces of mobile equipment (e.g. man lift) • 2 utility trailers • 2 front end loaders • miscellaneous equipment RECEIVED APR 1 5 7€ n' • Sidewalks/trails o No proposed changes • Signage o No proposed changes • Fence and retaining walls o Installation of a 6' chain link fence at the north of the property between the buildings to completely enclosed outdoor storage. o Installation of screening slats in the chain link fence for fencing both to the south (Apollo Road) and north (County Road 26) of the property. • Garbage and recyclable containers o No proposed changes • Exterior air-conditioning, heating and electrical o No proposed changes • Summary table Total area/size Building Total No of parking stalls coverage West Baghouse - Height 22.8 ,/T9.16% Proposed parking stalls between ft. approximate foundation ( the West and East Baghouse area 40,200 s q. ft. ,8Q facilities. East Baghouse - Height 22.7 8.49% ft. approximate foundation area 17,800 sq. ft. Office, Repair shop building - 4.24% 6 parking stalls Height 21.5 ft. approximate 1 handicap parking stall foundation area 8,900 s q. ft. Concrete area - 61,184 s q. ft 29.17% Asphalt area - 9,081 s q. ft. 4.33% Green space - 70,893 s q. ft. 34.61% Total 100.00% RECEIVED APR 15 2009 The Lafarge Eagan distribution facility is a key cementitious asset in the twin cities. Since the mid 1980's, the Eagan facility has been supplying products that are used in Minnesota residential, commercial and public works projects. As examples, Lafarge products helped build the new Twins baseball stadium, the new Minnesota Gophers football stadium, the Xcel Energy Center and the Minneapolis international airport. The Lafarge Eagan terminal is part of Lafarge North America, the largest diversified supplier of construction materials in the U.S. and Canada. We produce and sell cement, ready-mixed concrete, gypsum wallboard, aggregates, asphalt, and related products and services. Headquartered outside of Washington, DC, Lafarge North America includes more than 1,000 locations. Lafarge North America's focuses on offering innovative products to meet the needs of the building industry and is committed to providing products using sustainable manufacturing processes and improving the environments around our operations. The Lafarge Group is the world leader in building materials, with top-ranking positions in all of its businesses: Cement, Aggregates & Concrete and Gypsum. With 83,000 employees in 78 countries, the Group posted sales of 19.0 billion Euros in 2008. In 2009 and for the fifth year in a row, the Lafarge Group was listed in the "Global 100 Most Sustainable Corporations in the World". With the world's leading building materials research facility, the Lafarge Group places innovation at the heart of its priorities, working for sustainable construction and architectural creativity. RECEIVED MAY 0 7 2009 /1 Agenda Information Memo June 2, 2009, Eagan City Council Meeting B. PLANNED DEVELOPMENT AMENDMENT - THE HOME DEPOT ACTIONS TO BE CONSIDERED: To approve a Planned Development Amendment to modify the permitted size, location, type and duration of outdoor displays, to extend the duration of seasonal sales, and to allow an 8' fence height enclosure of the seasonal sales area on property at 3220 Denmark Avenue, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: At least three votes FACTS: ? Home Depot was constructed in 1998. The site contains a 117,000 sq. ft. store, with a 18,000 sq. ft. permanent outdoor garden center, and 8,500 sq. ft. seasonal sales area. ? In addition to the seasonal sales, the Final PD Agreement permits a limited amount of outdoor display. ? Home Depot is seeking to modify the performance standards of the PD Agreement for seasonal outdoor sales and outside displays to better reflect the operations currently occurring at the store. ? Below is a summary of the current request o Outside Display (Year Around) ¦ Three areas in front of garden center for display of live goods = 448 sq. ft. ¦ One area near front entrance (flower cart or other products) = 60 sq. ft. ¦ One area near exit doors (propane) = 45 sq. ft. o Outside Display (Seasonal) ¦ Pre-built sheds in front of seasonal sales area = 360 sq. ft. o 4-month duration for the seasonal sales area (April 1 - July 31) o Increase in the size of the seasonal sales area from 8,555 sq. ft. to 9,600 sq. ft. o 8' fence height for enclosure of seasonal sales area ? A comparison of this current proposal relative to the existing provisions of the PD is contained in the staff report. ? A detailed evaluation of the elements of the current proposal relative to typical City Code standards is included in the staff report. ? The Advisory Planning Commission held a public hearing on May 26, 2009 and did recommend approval. ? The APC's recommendation included the following: o Construction of a permanent decorative enclosure to match the existing building and garden center in place of the temporary fence for the seasonal sales area. ~5_ o Maximum 8' height of the enclosure o Sheds to be displayed inside the fence enclosure o 9,600 sq. ft. seasonal sales area; three sheds up to 120 sq. ft. each ISSUES: ? The intent of the Planned Development zoning is to provide the owner/developer greater flexibility in exchange for creativity and quality. Home Depot's request for larger outside displays, longer duration of seasonal sales, and a need for additional space and time to respond to customer demand for soft goods year around support the construction of a permanent enclosure. ? At the APC meeting, Home Depot indicated they are evaluating the cost of constructing a permanent enclosure as recommended, and they expect to have that information by the time of the City Council meeting. 60-DAY AGENCY ACTION DEADLINE: July 11, 2009 ATTACHMENTS (3): Location Map, pages ? threugh- - May 26, 2009 APC minute page through 4 Planning Report, page sthrough Eagan Boundary ¦ Right-of-way Location Map Parcel Area Park Area Building Footprint 3 1 o\ F3 CL 1 tE i p °B I~ ~t'T o i7 tJ i O C9 4o A~ Subject Site a• o a o~ i I- i / I i _ r [ o0 0? ©o 00 D 00000 0 1000 0 1000 2000 Feet Development/Developer: Home Depot Application: PD Amendment Case No.: I O-PA-02-04-09 'I, N City of Eap THIS MAP P IS IS INTENDED W+E TENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. I B. The Home Depot Applicant Name: The Home Depot Location: 3220 Denmark Ave; Lot 1, Block 1, Lexington Second Addition Application: Planned Development Amendment A Planned Development Amendment to modify the permitted size, location and type of outdoor displays, to permit year around outdoor displays, to extend the duration of seasonal sales to 120 days, and to allow an 8' fence height enclosure of the seasonal sales area. File Number: 10-PA-02-04-09 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated May 21, 2009. She noted the background and history. Chair Chavez opened the public hearing. Russ Brinkman, applicant, discussed the history and clientele of the Eagan Home Depot store and reason for the proposal. There being no further public comment, Chair Chavez closed the public hearing and turned the discussion back to the Commission. Member Heaney inquired about the outside enclosed areas under the Planned Development Amendment, with one proposed to be used year-round. Planner Dudziak confirmed that the garden center is used year around and stated it is recommended that a permanent structure be constructed; resulting in two permanently enclosed outdoor areas. Member Heaney moved, Member Filipi seconded a motion to recommend approval of a Planned Development Amendment to modify the permitted size, location, type and duration of outdoor displays, to extend the duration of seasonal sales, and to allow an 8' fence height enclosure of the seasonal sales area on property at 3220 Denmark Avenue (L1 B1, Lexington 2nd Addition), subject to the following conditions as amended: 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. 2. Dead and diseased, damaged or missing landscape plantings shall be replaced by June 30, 2009. 3. The outside display areas shall be delineated with paint markings on the pavement consistent with the Site Plan dated May 12, 2009. 4. Seasonal outdoor sales shall be permitted during the four months from April 1 to July 31 each year. 5. Seasonal outdoor sales shall comply with City Code standards for Temporary Outdoor Events and Seasonal Outdoor Sales. 6. The seasonal outdoor sales area shall be reconfigured not to exceed 9,600 s.f as shown on the Site Plan dated May 12, 2009. 7. The fence enclosing the seasonal outdoor sales area shall not exceed 8' in height. Seasonal sales items shall not exceed the height of the enclosure. 4-7 8. A permanent enclosure shall be constructed for the seasonal outdoor sales area. The enclosure shall be architecturally compatible with the existing garden center utilizing brick pillars and decorative fencing. 9. Pre-built sheds shall be displayed inside the garden center or the fenced seasonal outdoor sales area. Three assembled sheds may be displayed and shall not exceed 120 s.f. each. 10. All signage shall meet City Code requirements. 11. All pallets shall be relocated to inside the fenced seasonal sales area or inside the garden center area. 12. The site shall be kept in a neat and orderly manner and the display of items shall not interfere with pedestrian safety, vehicular movement, emergency access and existing business activities. 13. This Amendment is intended to supplement and amend the Final PD Agreement as it pertains to specific standards for outside display and seasonal sales. All other conditions in the Final PD Agreement shall remain in effect. Chair Chavez asked the applicant if condition number 8 is acceptable. Mr. Brinkman explained that they would like to construct a permanent structure, and have requested bids to evaluate cost effectiveness. City Planner Ridley stated the motion and conditions require that the permanent structure be built and suggested that the applicant determine feasibility prior to the City Council meeting. Member Dugan asked if the permanent outdoor displays are necessary. Mr. Brinkman explained that the layout, including outdoor displays is a floor plan of Home Depot for all stores, however this store was uniquely designed and is now moving towards consistency with the Home Depot format. He explained how the design improves sales. There was discussion on a possible precedent being set by allowing 9,600 s.f. seasonal sales area when the original Planned Development Amendment allowed for 8,555 s.f. There was also discussion on extending the seasonal sales time from 90 days to 120 days. Mr. Brinkman explained the process of setting up the display and taking down the display and how it encroaches on time open to customers. He stated 120 days would allow sufficient set up and removal time with at least 90 days open to customers. Member Filipi suggested that 90 days of retail sales with an additional two weeks before and two weeks after be allowed to accommodate the set up and removal. The applicant agreed with the suggestion. Member Dugan questioned if the proposed PD modifications would set a precedent and, if so, were other commissioners concerned. City Planner Ridley stated that the APC discussion regarding precedent was appropriate; he also suggested that the commission bear in mind the scale and volume of the operation at Home Depot. Additionally, he said the suggestion of the permanent seasonal enclosure would provide a more attractive and defined sales area. A vote was taken. All voted in favor. Motion carried: 7-0. It was noted that a major justification for the amendment in the Advisory Planning Commissions' 4~? view is the magnitude of sales and operation at this Home Depot location. Member Heaney stated that if there was a need expressed by the public for extended sales elsewhere, that would also be a sufficient reason in his mind. VI. VISITORS TO BE HEARD (FOR THOSE NOT ON AGENDA) There were no visitors to be heard for items not on the agenda. VII. OTHER BUSINESS 1. Set Advisory Planning Commission workshop date City Planner Ridley stated a Planning Commission Workshop would be held on Thursday, June, 11, 2009, at 5:30 p.m. 2. City Code Updates City Planner Ridley asked the Advisory Planning Commission members to return their code books for updating purposes. VIII. ADJOURNMENT Member Heaney moved, Member Filipi seconded a motion to adjourn the Advisory Planning Commission meeting at 7:28 p.m. A vote was taken. All voted in favor. Motion carried 7-0. Respectfully Submitted by: Tom Heaney APC Secretary Camille Worley Recording Secretary PLANNING REPORT CITY OF EAGAN REPORT DATE: May 21, 2009 CASE: 10-PA-02-04-09 APPLICANT: Home Depot HEARING DATE: May 26, 2009 PROPERTY OWNER: Home Depot APPLICATION DATE: May 12, 2009 REQUEST: Planned Development Amendment PREPARED BY: Pamela Dudziak LOCATION: 3220 Denmark Avenue COMPREHENSIVE PLAN: SA, Special Area ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment to modify the permitted size, location, type and duration of outdoor displays, to extend the duration of seasonal sales, and to allow an 8' fence height enclosure of the seasonal sales area on property at 3220 Denmark Avenue in the SE 1/4 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 referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY Lexington 2d Addition was platted in 1998 and the property was rezoned to PD at that time. The existing Home Depot store was constructed shortly after. It has recently come to staffs attention that the seasonal sales area and outside displays are inconsistent with the stipulations in the Final PD Agreement. This prompted Home Depot to make application to amend the Final PD to better reflect their current usage. so Planning Report - Home Depot May 26, 2009 Page 2 EXISTING CONDITIONS The site contains a 117,000 square foot retail home improvement store, with an additional 18,000 square feet of outdoor retail sales area in the garden center and an approximately 8,500 square foot seasonal outdoor sales area. The building is situated on the northwest portion of the property, with service and loading to the north and . northeast, and parking on the south and east tel: sides of the building. A large wetland occupies the eastern portion of the property. During a site visit following submittal of this application, several dead trees and shrubs were observed on the property. The City's landscape ordinance requires the property owner to maintain the site including the replacement of dead or diseased landscape materials. Therefore, dead, damaged or diseased landscaping should be replaced with the same or similar plat materials. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North USPS Bulk Mail (under I-1, Limited Industrial IND, Limited construction) Industrial East Office/warehouse (Northwood BP, Business Park BP, Business Park Business Park) South Slumberland/Goodwill PD, Planned Development SA, Special Area West Postal Credit Union/ PD, Planned Development SA, Special Area I-35E EVALUATION OF REQUEST Code Requirements - The City Zoning Code allows for outdoor display as a permitted use within certain commercial zoning districts of the city, subject to the adopted performance standards. The City Code defines outdoor display as "to store or exhibit outside a commercial building a representative sample of merchandise, goods or inventory intended for sale, rent or lease in the normal course of the principal occupant's business." Section 11.70, subdivision 22 C.1-2 identifies performance standards for outdoor display and outdoor storage. This proposed Planned Development Amendment will be evaluated relative to these standards. sr Planning Report - Home Depot May 26, 2009 Page 3 The Zoning Code also allows for seasonal outdoor sales as a conditional use within certain commercial zoning districts. Seasonal outdoor sales is defined by a duration of 90 days or less. The use and development of the Home Depot property is governed by a Final PD Agreement dated 1998. The Final PD Agreement currently specifies the following: a. The fence enclosing the seasonal sales area shall not exceed six feet in height (per City Code at that time). b. Seasonal sales may occur for up to 90 days duration between mid-April and mid-July each year and operations shall comply with City Code standards for temporary outdoor events and seasonal outdoor sales. c. Outdoor displays are permitted in conjunction with seasonal sales, not to exceed 90 days per calendar year. Outdoor displays are limited to three locations of up to 60 s.f each. Outdoor displays shall not obstruct pedestrian walkways. d. The Final PD also included a list of typical products to be located/sold in the garden center, seasonal fenced area, and sidewalk displays. The list (labeled Exhibit G) is attached at the end of this report. Compatibility with Surrounding Area - Outdoor displays and seasonal outdoor sales are generally considered compatible in retail commercial zoning districts. This site is a retail use, with office uses to the east and industrial to the north. Description of Proposal - At this time, Home Depot's request is to modify the permitted size, location and type of outdoor displays, to permit year around outdoor displays, to extend the duration of seasonal sales from 90 to 120 days, and to allow an 8' fence height enclosure of the seasonal sales area. The seasonal sales fenced area is located at the east end of the site, adjacent to the permanent garden center. The seasonal sales area serves partly as sales area for Home Depot patrons, and partly as additional storage for increased in-stock volume of items sold within the garden center. The two areas are separated so that customers cannot access the overflow storage area. Outside Displays (year around) - Home Depot is requesting year around outside display in three areas: a) An enlarged outside display area in front of the permanent garden center for display of seasonal live goods such as flowers and plants in spring/summer, possibly pumpkins in the fall, and items such as spruce tips in the winter. Planning Report - Home Depot May 26, 2009 Page 4 b) An outside display area by the main entrance door-- a mobile flower cart is specified in the narrative. The applicant has indicated a desire to maintain this display area for other products throughout the year. The existing PD Agreement currently lists items such as patio grills and seasonal lumber as part of the sidewalk displays. E r.r c) Outside display of propane exchange tanks near the exit doors at the west end of the building. For safety reasons, propane cannot be stored inside a building. Four propane 10011 0111, 11 cages housing tanks for exchange are stored outside next to the building near the exit doors. These cages occupy approximately 45 s.£ in area and are 6' in height. The larger stock of propane tanks is stored in an open enclosure attached to the rear of the building consistent with the provisions of the Final PD Agreement. Outside Displays (seasonal) - A seasonal outdoor display of three pre-built storage sheds is proposed in front of the outside seasonal sales area. The duration for the shed display would coincide with the seasonal sales area. The sheds should be limited to those less than 120 s.f in area (structures larger than 120 s.£ in area require a building permit). Duration - Home Depot is requesting an extension of the permitted duration of seasonal sales from 90 days to 4 months. Home Depot typically sets up the seasonal sales area in early April, and has it removed by August 1. The Final PD specifies mid-April to mid-July, not exceeding 90 days. The requested 4 months would permit seasonal sales from April 1 to July 31. The set-up and take down of the seasonal sales area would need to occur during this time frame. The City has approved zoning permits for seasonal sales on other commercial properties in the City, and they have been limited to the 90 days duration specified in the City ordinance. A duration exceeding 90 days is typically considered outdoor storage rather than a seasonal sale, and that would entail a different set of performance standards. Since this a Planned Development, however, the acceptability of the proposed change from 90 days to four months for seasonal sales is a policy matter to be determined by city officials. S3 Planning Report - Home Depot May 26, 2009 Page 5 In addition, the Final PD Agreement currently specifies that all outdoor displays are to coincide with the seasonal sales, a duration not to exceed 90 days. Home Depot is requesting that some outdoor displays (as identified above) be permitted year around. This request is consistent with typical City Code standards which do not limit the duration of outdoor displays. Fence Height - Home Depot is requesting an increase in the permissible fence height for the seasonal sales area from 6' to 8'. At the time the Final PD was approved, 6' was the maximum fence height permitted by the City Code. The City Code has been amended since 1998 and now permits a fence height of up to 8' on commercial and industrial properties. Seasonal Outdoor Sales - The Final PD requires the operation of the outdoor seasonal sales area to comply with City Code standards for Temporary Outdoor Events and Seasonal Outdoor Sales. The following is an evaluation of the proposal relative to these standards. Temporary Outdoor Events: 1. Adequate off-street parking shall be provided ensuring that no obstruction or interference occurs with existing traffic patterns. There is sufficient off-street parking available on the site. 2. No portion of the sale or event shall take place within any public right-of-way. A minimum of ten feet setback shall be maintained from all property liens and no portion of the use shall take place within 100 feet of any property line of any residential use or residential zoned property. The use is not located within a right-of-way, and is more than 100 feet from any residential use or residential zoned property. 3. The site shall be kept in a neat and orderly manner and the display of items shall not cover more than five percent (5%) of the total lot as to not interfere with pedestrian safety, vehicular movement, emergency access and existing business activities. The proposed outside seasonal sales area occupies less than 5% of the lot area. 4. All signs for the event shall comply with City Code sign regulations. No new signs are proposed. However, it should be noted that temporary signs displayed in conjunction with seasonal display items may require sign permits. 5. Tents and temporary membrane structures having an area in excess of 200 square feet and canopies in excess of 400 square feet shall be subject to a building permit. A building permit has been secured for a temporary greenhouse within the fenced seasonal sales area. 6. The owner and/or operator of the sale or event shall have the written permission of the fee owner of the property on which the sale or event is located to use the specific site. Home Depot owns and occupies the property. Planning Report - Home Depot May 26, 2009 Page 6 7. Hours of operation shall be subject to this chapter's regulations governing hours of operation for commercial business. This site meets the criteria for exemption from the hours of operations restrictions in the City Code. 8. No parking shall be permitted on any adjacent parcel without the prior written permission of the adjacent parcel owner. All parking related to the seasonal outdoor sales is contained within the site. Seasonal Outdoor Sales: 9. The sale area shall be within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the City. The outdoor sales area is fenced with an 8' fence. The fence is temporary and installed for the duration of the seasonal outdoor sales. The proposed 8' fence is an increase of 2' over the previously approved 6' fence. Home Depot has indicated that vendors often ship product on pallets up to 8' in height and the proposed 8' fence ensures that the items do not exceed the height of the enclosure. The 8' fence height is consistent with current City Code. 10. The sale area shall not encroach into any required front building setback area or other required setbacks. The sales area is located east of the existing garden center and satisfies all typical structure setbacks. 11. The sale area shall be screened from view f om adjacent residential uses and residential zoned property. This site is not adjacent to any residential uses or residential zoned property. 12. The sale area shall not interfere with any pedestrian or vehicular movement. The seasonal outdoor sales area does not obstruct any sidewalks and leaves ample space for vehicular movement outside the fenced enclosure. 13. The sale area shall not take up required parking spaces or landscaping areas of the principal use. The seasonal sales area is located within the parking lot east of the permanent garden center. In 1998, 600 parking stalls were required for this development. Since that time, the City has amended the zoning ordinance to require fewer parking stalls for retail space exceeding 30,000 s.f. Under current City Code, only 450 parking stalls would be required. Therefore, while the seasonal sales area does occupy parking spaces, the site has no shortage of parking. 14. The sale area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. The seasonal sales area is surfaced with bituminous asphalt. Outdoor Display - Section 11.70, Subdivisions 22.C. 1. sets forth performance standards for Outdoor Display. The following is an evaluation of this proposal as it relates to each of those standards: Planning Report - Home Depot May 26, 2009 Page 7 1. The display area shall not exceed 60 square feet. Because of the large size of the building, the Final PD originally permitted three outside display areas totaling 180 s.f. The current proposal exceeds the 60 s.f. City Code standard, as well as the cumulative 180 s.f. specified in the Final PD for this property. The total outside display area proposed with this amendment is 913 s.f. A summary of the proposed outside displays is as follows: a. Propane cages = 45 s.f. b. Front entry = 60 s.f. (the narrative states 6' x 12', however the dimensions were later clarified with the applicant to be 6' x 10') c. Garden center = 2 areas of 9' wide by 16' deep = 2 x 144' = 288 s.f 1 area of 10' wide by 16' deep = 160 s.f. d. Sheds = 3 sheds of up to 10' by 12' = 3 x 120' = 360 s.f. The appropriateness and acceptability of the requested amount of outside display is a policy matter to be determined by City officials. 2. The display area shall be located immediately adjacent to the principal structure and only on the side of the building which contains a main entrance. All proposed display areas are located adjacent to the building and on the side containing the main entrance. In the case of the sheds, the applicant proposes to locate them adjacent to the fence enclosing the seasonal sales area. 3. The display area shall not extend more than five feet out from the building and shall not exceed four feet in height. The proposed garden center display and front entrance sidewalk displays do extend more than 5' out from the building and exceed 4' in height. At 6' in height, the propane cages exceed the 4' height limit for outside displays, but are otherwise consistent with these standards, occupying 45 s.f and extending approximately 3' out from the building. Sufficient sidewalk area remains with no impediment to pedestrian movement. The proposed shed display also exceeds the 5' depth and 4' height standards. The Final PD provided for sheds as one of the products in the permanent garden center. Located adjacent to the seasonal sales area, the sheds have the effect of expanding that seasonal sales area outside of the fence. As a seasonally in demand item, staff suggests that the sheds should be displayed within the seasonal sales area rather than outside of it. Therefore, while the sheds may exceed the proposed 8' fence height, the sheds should be relocated to within the fenced area. Relocating the sheds also would eliminate one of the outside display areas. To better define the display areas the applicant should paint boundaries on the pavement where the display items are permitted to be. This will help employees contain the displays to the approved area. 4. The display area shall not take up required parking spaces or landscaping areas of the principal use. The proposed outside displays would not impact the required parking or landscaping areas. Planning Report - Home Depot May 26, 2009 Page 8 5. The display items shall consist solely of products sold or distributed within the principal structure by the occupant thereof. The proposed display items are items that are sold within the building or in the permanent outdoor sales area of the store. The seasonal sales area accommodates additional outdoor items during the high-volume spring/summer season. 6. The sale area shall not interfere with any pedestrian or vehicular movement. The propane and front entry display areas preserve sufficient sidewalk area between the display and drive aisle. The garden center display extends the 16' depth of the concrete sidewalk. Pedestrians in the area outside the garden center are typically moving between the garden center and parking lot rather than along the sidewalk parallel to the building. The sidewalk in this area is also flush with the asphalt pavement of the drive aisle. The display tables and carts are located to the side and between the doorways, leaving the garden center doorways unobstructed. Other Considerations - Below is additional information the APC and City Council may wish to consider in the evaluation of the various elements of this proposal. Garden Center Display: The Final PD identified sidewalk display items as consisting of patio grills and accessories, live goods (plants/trees), seasonal lumber (fence posts, landscape timbers), bagged goods, and lawn equipment. The proposal for outdoor display in front of the garden center is limited to live goods items such as potted plants, flowers, trees, shrubs and baskets. Other live goods items may consist of pumpkins in the fall, and spruce tips or other seasonal greenery in the winter. Sidewalk Display: The sidewalk display near the main entrance is requested to be year around and may consist of a mobile flower cart in the spring/summer. Home Depot typically has not displayed items other than live goods due to security concerns, however, they wish to retain the existing approval for sidewalk display of different products such as patio grills and lawnmowers at other times of the year. Fenced Area: The seasonal sales area observed during the site inspection for this application is slightly larger than shown on the Site Plan in the Final PD Agreement. The Final PD shows 8,555 s.f.; the actual fenced area observed during the site inspection was 9,600 s.f. With the construction of the site, fence post holes were installed in the asphalt to facilitate installation of the seasonal fence. However, instead of placing fence i posts into these holes, Home Depot now uses a stand 119ib:: i i to support the posts. Consequently, the configuration is more flexible and has resulted in a larger area enclosed by the fence. The fence also appears to be less stable. During the site review, pallets of goods ~44? had been placed at the base of some of the fence posts to hold it in place against wind and stabilize the fence. The result is the storage of some materials outside of S7 Planning Report - Home Depot May 26, 2009 Page 9 the fence enclosure and a disorderly appearance to that area of the site. Pallets should be relocated to inside the fence, and the seasonal sales area should be reconfigured to comply with the 8,555 s.f. approved in the Final PD Agreement. Permanent Enclosure: With Home Depot's need each year for an outdoor sales area larger than the permanent garden center, and the request for a duration exceeding the typical 90 days, staff suggests that a permanent enclosure should be constructed in place of the temporary seasonal sales area. The intent of the Planned Development zoning is to provide the owner/developer greater flexibility in exchange for creativity and quality. With a permanent enclosure, Home Depot could utilize the area year around, eliminating the seasonal time limit on use of that space, and it would improve the aesthetic appearance of the site. While this solution would permanently occupy an area currently designated for parking, the site has an excess of parking by City Code standards and it would not result in a parking shortage. A permanent enclosure should be designed to be architecturally compatible with the building and the existing garden center. Currently, the chain link fence provides clear views and no screening of the items within the seasonal sales area. A permanent enclosure also could incorporate screening measures. SUMMARY/CONCLUSION In summary, Home Depot is requesting approval of a Planned Development Amendment to modify the permitted size, location, type and duration of outdoor displays, to extend the duration of seasonal sales, and to allow an 8' fence height enclosure of the seasonal sales area on property at 3220 Denmark Avenue. This amendment is requested to define new parameters for seasonal outdoor sales and outside displays to reflect the operations currently occurring at the store. The Final PD did permit outside displays, but only in conjunction with the seasonal sales, and limited to a total of three 60 s.f. areas not exceeding 90 days duration. The Final PD also permitted a seasonal sales area enclosed with a 6' chain link fence for up to 90 days (mid-April to mid-July) each year. Current store operations do not conform to these standards. The proposed amendment modifies the operational conditions related to seasonal sales and displays. Home Depot is proposing larger outside display areas that are utilized year around, and a seasonal outdoor sales area lasting 4 months, with an 8' fence enclosure. The acceptability of these proposed modifications to the seasonal sales and outdoor display provisions of this Planned Development is a policy matter to be determined by City officials. Staff has suggested that a permanent enclosure be constructed in place of the chain link fence for the seasonal sales area. A permanent enclosure would enlarge the outdoor sales area of this store, and would be an aesthetic improvement to the site, blending in architecturally and providing screening of the items inside. A permanent enclosed area also could be used year around rather than seasonally. The desirability of this suggested improvement is also a policy matter to be determined by City officials. 58 Planning Report - Home Depot May 26, 2009 Page 10 ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to modify the permitted size, location, type and duration of outdoor displays, to extend the duration of seasonal sales, and to allow an 8' fence height enclosure of the seasonal sales area on property at 3220 Denmark Avenue (L1 B1, Lexington 2nd Addition). If approved the following conditions shall apply: 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. 2. Dead and diseased, damaged or missing landscape plantings shall be replaced by June 30, 2009. 3. The outside display areas shall be delineated with paint markings on the pavement consistent with the Site Plan dated May 12, 2009. 4. Seasonal outdoor sales shall be permitted during the four months from April 1 to July 31 each year. 5. Seasonal outdoor sales shall comply with City Code standards for Temporary Outdoor Events and Seasonal Outdoor Sales. 6. The seasonal outdoor sales area shall be reconfigured to comply with the 8,555 s.f. approved in the Final PD Agreement. 7. The fence enclosing the seasonal outdoor sales area shall not exceed 8' in height. Seasonal sales items shall not exceed the height of the enclosure. 8. A permanent enclosure shall be constructed for the seasonal outdoor sales area. The enclosure shall be architecturally compatible with the existing garden center utilizing brick pillars and decorative fencing. 9. Pre-built sheds shall be displayed inside the garden center or the fenced seasonal outdoor sales area. Three assembled sheds may be displayed and shall not exceed 120 s.f each. 10. All signage shall meet City Code requirements. 11. All pallets shall be relocated to inside the fenced seasonal sales area or inside the garden center area. sl~ Planning Report - Home Depot May 26, 2009 Page 11 12. The site shall be kept in a neat and orderly manner and the display of items shall not interfere with pedestrian safety, vehicular movement, emergency access and existing business activities. 13. This Amendment is intended to supplement and amend the Final PD Agreement as it pertains to specific standards for outside display and seasonal sales. All other conditions in the Final PD Agreement shall remain in effect. Eagan Boundary Right-of-way Location Map F7 PP a Pa rk Area Area k Area Building Footprint 71 J q o o ~ ! -LL , ^r ore vae Ra, J, 1 1, p D ~ If 13 O O~ b4 k a6 Subject Site a' o © L 7fIEf__ LIP 0 4 p4 / L A 9 I _ 07, o ono mo ao o-o CE-3 O o - oooQ X01 ~~a- 1000 0 1000 2000 Feet Development/Developer: Home Depot Application: PD Amendment Case No.: 10-PA-02-04-09 "C I N THIS MAP IS INTENDED FOR REFERENCE USE ONLY City ~ of Ea~ll W E d The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan The Home Depot Land Use Map PD Amendment I O-PA-02-04-09 Zoning Map F- .p Location Ie Current Zoning: RJ PD PD RP Planned Development` 4w PD to • ® ® i e ~ PD La 600 0 600 1200 Feet . E`2A Comprehensive Guide Plan Land Use Map r.~ IND 7 Bp Location He • MD Current Land Use Designation: se pts w 9A SA-6P SA - v r Special Area J 6A c y l SA SA 4 ® E FroSA A 77 Ir 600 0 600 1200 Feet NO N Pareel base map Information provided by Dakota County Land Survey Department Decmber 2005. 1 Zoning Information maintained by City Staff. City of EaEaIl 1/S MAPP~l 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. 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TOOLS EOt1Patp,RiuENi S ~t t ~p. a1 03 60Cx- RENiAI t ~t,N" I I 17,995 6, GE P.c 6 i• Exti U-E I ryESTiH ~nBtN.E ~~y((a,~~ fy1y~~(~ ENSftY Ext 1 1~E tA.E tA'f$t a V£ST1B w c5f• t 'may ft1-1 ` 12' NT0E CUSTOUER•Pt • 'y.i ;.:r°.a:~, z,. 1E WNtSE 30' W10E DRIVE ''•'~'f. 3hR t 1 ~ ~ t 45 I t 26 ,j 12.0 \410E 30 384•D 39 FROM x;8 9.0 TYP V I, ~YYP1Gld-} --...""'-u00 NKG W1•A3- REiN ICE 68.00 4 TYPICAL 20.0I 24.0 120.0 ftl-1 TYPICAL 'OF WOE ,ANCE ITT EXHIBIT G 1400 West Dundee Rd Arlington Hts., IL 60004 (847) 870-5199 Ai~i • HOME DEPOT OUTDOOR MERCHANDISE FOR PROPOSED EAGAN, NIX STORE GARDEN CENTER, SEASONAL & SIDEWALK DISPLAYS GARDEN CENTER Live Plants - i.e. Annuals, Trees, Shrubs, Sod, Perennials, Christmas Trees, Garland & Wreaths Bagged Goods - i.e. Bag Soil, Bag Mulches, Bag Rock, etc. Pavers & Retaining Wall Goods - i.e. Patio Stones, Retaining Blocks, Brick Pavers Sheds & Refuse Containers Edging, Landscaping Materials & Fabrics Fencing & Fencing Materials Lawn Equipment - i.e. Wheel Barrels Statuary, Fountains & Pond Kits SEASONAL FENCED AREA Live Plants - i.e. Annuals, Trees, Shrubs, Sod, Perennials, Bagged Goods Pavers & Retaining Wall Goods - i.e. Patio Stones, Retaining Blocks & Brick Pavers SIDEWALK DISPLAYS Barbecues, Patio Grills & Accessories Lawn Equipment - i.e. Lawn Mowers, Lawn Tractors Live Goods - Annuals, Trees, Shrubs Seasonal Lumber - Fence Posts & Landscape Timbers Bagged Goods USA (W... Proud Spomor C 3220 Denmark Avenue • Eagan, MN 55121 (651) 452-2323 - Fax: (651) 994-9416 0 April 6, 2009 To: City Council, City of Eagan, Minnesota The employees of the Eagan Home Depot appreciate your consideration of the below changes to our store sites plans.. These changes will allow us to better serve the Eagan community by expanding our business based on the changing customer demand since originally opening our store in 1999. As you know, our economy has changed over the past few years. To remain a competitive the home depot has listened to our customers who are requesting us to carry an expanded selection of live plants and yard ornaments to beautify their homes and yards. Working together we can help our Eagan customers maintain and improve their home values by providing them with the products and services they are requesting. To assist us, we request your consideration of the following: 1- Allow us to set up three live goods selling tables in front of our garden center to better display our Spring, Summer and Fall live goods selections. 2- Allow us to display three pre built yard storage sheds so that our customers can see, touch and feel the shed options available to them. 3- Currently we are allowed to set up an expanded garden selling area temporarily along the side of our garden center using a 6 foot tall fence. However, an original city site requirement is that the products not extend above the fenced in area. Beyond our control, our vendors are shipping and stacking products on pallets up to 8 foot levels. The vendors are doing this to increase load capacity to reduce transportation costs, based on fuel pricing, and to keep customers costs down. To meet the cities requirement not to have product extend above the fence, we are willing to provide an 8 foot fence if you change the site plan to allow it. 4- We request to be able to place a mobile flower selling cart (not to exceed 6' by 12') at our front entrance to display our premium live goods for our customers. This is a standard fixture used at over 1800 other Home Depot stores. We appreciate your consideration to amend our original site plans to allow our store to be a competitive choice for the residence of Eagan. Respectfully, Mike Strzelecki Store Manager Eagan Minnesota USA . A(J Proud Sponsor Agenda Information Memo June 2, 2009 Eagan City Council Meeting NEW BUSINESS C. 5 YR. CIP - PART III, PUBLIC WORKS INFRASTRUCTURE (2009-2013) ACTION TO BE CONSIDERED: Approve the 5-year Capital Improvement Plan for Public Works Infrastructure, Part III (2010-2014) and authorize the initiation of the public improvement process for the 2010 programmed improvements. FACTS: • At the Council Workshop held on May 12, the Public Works Department presented a draft of their proposed 5-year Capital Improvement Plan (CIP) for 2010-2014. After a review and discussion, the Council concurred with the proposed CIP as presented. • With the adoption of this 5-year CIP and authorization to initiate the public improvement process for the 2010 projects, it will allow the appropriate studies, notices and hearings to be completed in 2009 and the solicitation of bids in early 2010. ATTACHMENTS: • Summary of Proposed 2010 Improvements, pages through • 5-year CIP (2010-2014), 3 ring binder (previously distributed). 61 5-yr Capital Improvement Program (2010 - 2014) 2010 scheduled Improvements Revised 5-07-09 LOCATION DESCRIPTION ARTERIAL & COLLECTORS ($3,630,000) 1. Northview Park Road (Lexington to Elrene) Overlay 2. Braddock Trail (Diffley Rd. to Northview Park Rd.) Overlay Redevelopment/Upgrade/ 3. Cedarvale Blvd. (Cedar Grove Pkwy. To Silver Bell Rd.) Realign 2-Ln. Urban 4. Blackhawk Rd. (Deerwood to Cliff Rd.) Overlay 5. Blackhawk Rd. (TH 13 to Deerwood Drive) Recycle / Reclaim 6. Ames Crossing Rd. (700' North of Lone Oak Rd. to 1,000' South of O'Neil Dr.) New Urban Parkway (48') 7. Denmark Ave. (Approx. 600' North of Northwood Pkwy. To Clubview Ave) New 36' with Sidewalk (E. side) LOCAL STREETS ($2,339,550) 1. Greensboro Overlay 2. Trotters Ridge Overlay 3. Thomas Lake Woods Overlay 4. Park Knolls Addition Overlay 5. Overhill Farm / South Oaks Overlay 6. Eagan Royal / Safari Estates 2nd Overlay 7. Stafford Place Overlay 8. Lexington / Parkview Overlay 9. Kennebec Dr. Overlay 10. Oak Cliff 4th Overlay 11. Northview Meadows Overlay 12. Patrick Road Overlay 13. Safari 3rd & 4th Overlay TRAILS ($1,192,700) 1. Cedar Grove Pkwy. (Nicols to Gold Tr.) NEW Construction South Side (2,500 FT) 2. Denmark Ave. (Northbound Pkwy. To Clubview Dr.) NEW Construction North Side (2,300 FT.) 3. Cedarvale (Cedar Grove Pkwy. - Silver Bell Rd. New Construction East Side (3,800 FT) 4. Long Meadow Bridge (Trail Construction over Mn River) Bridge Replacement w/city of Bloomington G:CIPs/2010-2014/2010 only Summary 5-yr Capital Improvement Program (2010 - 2014) 2010 scheduled Improvements Revised 5-07-09 LOCATION DESCRIPTION SEALCOAT ($240,065) 1. 256,755 square yards @ .935 Surface Maintenance INTERSECTION IMPROVEMENTS ($1,300,000) 1. Northwest Parkway / TH 149 / Blue Gentian Rd. Signal Modifications 2. Cliff Rd. / Cliff Lk. / Rahncliff Rd. Signal Modifications 3. Northwood Pkwy. / Promenade Ave. Roundabout 4. Denmark Ave. / Clubview Dr. Roundabout 5. Denmark Ave. / Promenade PI Roundabout / Signal STREETLIGHTS ($44,500) 1. Thomas Lk. Rd. & Mallard Dr. Upgrade 2. Thomas Lk. Rd. N. of Cliff Rd. Upgrade 3. Thomas Lk. Rd. & Auburn Ct. Upgrade 4. Northview Park Rd. & Clinton Tr. Upgrade 5. Northview Park Rd. & Savannah Rd. Upgrade 6. Northview Park Rd. & Braddock Tr. / Trotters Ridge Upgrade 7. Cliff Rd. & N. Hay Lake Rd. Upgrade 8. Denmark Ave. between Lone Oak Rd. & Clubview Dr. - 3 each Install 9. Traffic Signal Painting Maintenance WATER TRUNK DISTRIBUTION ($700,000) 1. Cliff Road, Pointe J-1 160 to J-2605 7,000 LF WATER SYSTEM OPERATON & FACILITIES ($3,719,100) 1. Pull & Inspect Wells #7, #8, #11 & #16 @ $36,000 x 4 Inspection 2. Deerwood Reservoir General Maintenance 3. Sperry Tower Rehabilitation 4. Southern Lakes Tower General Maintenance 5. Cliff Booster controls & pressure sensing equip. Upgrade 6. South Plant Upgrade SANITARY SEWER TRUNK CONVEYANCE ($400,000) 1. I/I Improvements (TBD) Rehabilitation G:CIPs/2010-2074/2010 only Summary 5-yr Capital Improvement Program (2010 - 2014) 2010 scheduled Improvements Revised 5-07-09 LOCATION DESCRIPTION SANITARY FACILITIES & OPERATIONS ($150,000) 1. Lining for root and l&I - 5000 ft. @ $30 per ft. - 8th yr. of 10 yr. prog. Rehabilitation STORM FACILITIES & OPERATIONS ($30,000) $70,000 1. General Pond Maintenance (TBD) General Maintenance WATER QUALITY ($970,000) 1. Fish Lake --Alum Basin Construction (carryover from 2009) 2. Fish Lake Direct Drainage Treatment Imp. 2 Treatment for TMDL compliance 3. Fish Lake Storm Basin Imp. 1 Treatment for TMDL compliance 4. Schwanz Lake Direct Drainage Treatment Imp. 2 Treatment for TMDL compliance 5. Schwanz Lake Storm Basin Imp. 1 Treatment for TMDL compliance 6. LeMay Lake Direct Drainage Treatment Imp. 2 Treatment for TMDL compliance 7. WQ Stewardship Prog. RW Gardens, Shorelandscaping Wetland Buffers / G:CIPs/2010-2014/2010 only Summary 7D