04/20/2010 - City Council RegularAGENDA
EAGAN CITY COUNCIL
EAGAN MUNICIPAL CENTER BUILDING
April 20, 2010
6:30 P.M.
ROLL CALL AND PLEDGE OF ALLEGIANCE
II. ADOPT AGENDA
III. RECOGNITIONS AND PRESENTATIONS
01 A. Swearing in of Police Officer
IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item
to be pulled for discussion)
Q.3 A. APPROVE MINUTES
S B. PERSONNEL ITEMS
r. J4? C. APPROVE Check Registers
f.11 D. APPROVE Application for Exempt Permit for Experimental Aircraft Association to conduct a raffle on
October 3, 2010
Pad E. DECLARE bicycles and unclaimed property to be surplus
.P F. APPROVE Resolution establishing a new polling place for Precinct 12
G. APPROVE Tree Maintenance Contractor License for Lawrence Tree and Stump Services, Inc.
Q, ,2SH. AWARD additional contracts for Fire Safety Center
f,,2(0 1. ADOPT policy for setting interest rates on special assessments, and set the current year rate at 5%
�,�� J. APPROVE equity transfers to close out the 2002B Refunding Debt Service Fund, the Assessments
on City Property Capital Projects Fund, and Drug Forfeiture Special Revenue Fund
K. AUTHORIZE staff to take the necessary steps to finance the Civic Arena geothermal and related
improvements internally and to call the outstanding Civic Arena bonds
e ACCEPT a donation from the Friends of the Eagan Core Greenway to provide plantings, interpretive
signage and a bench in Patrick Eagan Park
M. AUTHORIZE the preparation of specifications and advertisement for bids for a replacement ice
resurfacer for the Eagan Civic Arena
P.3q N. PROCLAIM May 16, 2010 as Arbor Day and the month of May 2010 as Arbor Month in the City of
Eagan
X31 O. ACCEPT an MRAC grant from the Metropolitan Regional Arts Council for summer programming
P. MODIFY Red Pine Crossing Development completion dates
Q. APPROVE Plans and Specifications for Contract 10 -01 (Blackhawk Road / Kennebec Drive Street
Improvements)
R. RESCHEDULE Public Hearing to consider Right -of -Way vacation, Wescott Woodlands
V. PUBLIC HEARINGS
VI. OLD BUSINESS
A. COMPREHENSIVE GUIDE PLAN AMENDMENT and PLANNED DEVELOPMENT AMENDMENT
Coventry Senior Living — A Comprehensive Guide Plan Amendment from (SA / MD) Special Area /
Medium Density to (SA/HD) Special Area / High Density and a Planned Development Amendment to
Pei allow a 2 story senior living facility located at 1650 Hunt Drive.
T B. REQUEST FOR MODIFICATION of City Council condition of approval regarding shade canopy /
noise attenuation for Wagging Tails Pet Resort located at 3275 Sun Drive.
VII. NEW BUSINESS
7• r'ee A. INTERIM USE PERMIT —Building Materials Outlet— An Interim Use Permit to allow an extension for
outdoor storage located at 2795 Highway 55.
VIII. LEGISLATIVE I INTERGOVERNMENTAL AFFAIRS UPDATE
IX. ECONOMIC DEVELOPMENT AUTHORITY (There are no items at this time)
X. ADMINISTRATIVE AGENDA
A. City Attorney
B. City Council Comments
C. City Administrator
D. Director of Public Works
E. Director of Community Development
XI. VISITORS TO BE HEARD (for those persons not on the agenda)
XII. CLOSED SESSION
XIII. ADJOURNMENT
4 City of Eap bo
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: APRIL 16, 2010
SUBJECT: AGENDA INFORMATION FOR APRIL 20, 2010 CITY COUNCIL MEETING
ADOPT AGENDA
After approval is given to the April 20, 2010 City Council agenda, the following items are in
order for consideration.
Consent Agenda Information Memo
April 20, 2010, Eagan City Council Meeting
RECOGNITIONS AND PRESENTATIONS
Swearing in of New Police Officer
FACTS:
Police Chief McDonald will introduce new Police Officer Eric Tessmer to the Council
and community. After a brief introduction, they will be administered the oath of office
by Deputy Clerk, Mira Broyles.
Officer Tessmer began his employment on February 22, 2010.
8
Agenda Information Memo
April 20, 2010 Eagan City Council Meeting
CONSENT AGENDA
The following items referred to as consent items require one (1) motion by the City Council. If the
City Council wishes to discuss any of the items in further detail, those items should be removed
from the Consent Agenda and placed under Old or New Business unless the discussion required is
brief.
A. APPROVE MINUTES
ACTION TO BE CONSIDERED:
To approve the minutes of the April 6, 2010 Regular City Council meeting as presented or
modified.
ATTACHMENTS:
• Minutes of the April 6, 2010 Regular City Council meeting are enclosed on pages
_q-
through-7 .
W
MINUTES OF A REGULAR MEETING OF THE DRAF l
EAGAN CITY COUNCIL
Eagan, Minnesota
April 6, 2010
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor
Maguire, Councilmembers Fields, Bakken, Hansen, and Tilley. Richard Heyl was present to discuss
concerns in regard to his being stalked. Chief of Police McDonald stated he would provide additional
information to the Council and be in contact with Mr. Heyl.
A regular meeting of the Eagan City Council was held on Tuesday, April 6, 2010 at 6:30 p.m. at the
Eagan Municipal Center. Present were Acting Mayor Fields, Councilmembers Bakken, Hansen, and
Tilley. Mayor Maguire was absent. Also present were City Administrator Tom Hedges, City Planner Mike
Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary /
Deputy Clerk Mira Pepper.
AGENDA
City Administrator Hedges noted that additional action needed to be added to Consent Item U. He also
noted that an update on the 150th Anniversary food drive would be provided under Recognitions and
Presentations.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as
amended. Aye: 5 Nay: 0
RECOGNITIONS AND PRESENTATIONS
Mayor Maguire recognized Bob Cooper, Alan Miller, Duane Brusehaver, Bill Raker, Sharon Miller, Joan
Wright, Mary Dahlke, Sam Dahlke, and Emily McKown for their long -term volunteerism to community
television.
Assistant to City Administrator Miller provided an update on the 150th Anniversary food drive.
CONSENT AGENDA
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Consent
Agenda as amended. Aye: 5 Nay: 0
A. It was recommended to approve the minutes of the March 16, 2010 regular City Council meeting and
the March 9, 2010 Special City Council Minutes as presented.
B. Personnel Items.
1. The resignation of Jake Nicklay, Budget Accountant / Analyst, was recognized.
2. The hiring of Courtney Seaberg, Human Resources Specialist was recognized.
C. It was recommended to ratify the check registers dated March 18, 2010 and March 25, 2010 as
presented.
D. It was recommended to declare 1978 Fire Engine surplus and authorize its sale.
E. It was recommended to authorize donation of used fire turnout gear to School District 196.
F. It was recommended to approve Tree Maintenance Contractor Licenses for Castle Rock Tree
Service, LLC, and Midwest Tree Care.
G. It was recommended to approve the temporary on -sale liquor license and waive the license fee for
Trinity School at River Ridge for a spring gala event on April 17, 2010.
H. It was recommended to approve a change in management on the on -sale liquor license at Joe
Senser's of Eagan, Inc., dba Joe Senser's Sports Grill and Bar.
I. It was recommended to accept a proposal from Northern Capital Insurance Group for insurance
broker services, subject to the execution of a signed agreement between the City of Eagan and
Northern Capital.
PA
City Council Minutes
April 6, 2010
Page 2
J. It was recommended to set a public hearing for May 4, 2010 to consider the final assessment of the
delinquent false alarm bills and certify them to Dakota County for collection and property taxes.
K. It was recommended to set a public hearing for May 4, 2010 to consider the final assessment of the
delinquent weed cutting bills and certify them to Dakota County for collection and property taxes.
L. It was recommended to set a public hearing for May 4, 2010 to consider the final assessment of the
delinquent board up bills and certify them to Dakota County for collection and property taxes.
M. It was recommended to set a public hearing for May 4, 2010 to consider the final assessment of the
delinquent refuse removal bills and certify them to Dakota County for collection and property taxes.
N. It was recommended to approve the 2010 Use Agreement for Blue Cross Blue Shield fields.
O. It was recommended to accept a donation of $900 from Abigayle Daley and her family to memorialize
a park bench in Central Park.
P. It was recommended to approve a new Lease Agreement between the City of Eagan and St. Croix
Harley Davidson.
Q. It was recommended to adopt a resolution to participate in the Dakota County Hazard Mitigation Plan
Update Process.
R. It was recommended to approve a clarification of the condition regarding the days of operation for the
West End Gun Club to be Sunday, Tuesday, Wednesday and Thursday.
S. It was recommended to adopt the 2030 City of Eagan Comprehensive Guide Plan Update.
T. It was recommended to implement a Comprehensive Guide Plan Amendment changing the land us
designation from SA (Special Area) to QP (Quasi Public), to allow for a Fire Safety Center for
property located at 1001 Station Trail, legally described as Lot 1, Block 1, Eagan Fire Station No. 2.
And; it was recommended to approve a rezoning from Planned Development (PD) to Public Facility
(PF) for a Fire Safety Center for property located at 1001 Station Trail, legally described as Lot 1,
Block 1, Eagan Fire Station No. 2.; and it was recommended to approve a Planned Development
Amendment to remove this property from the Planned Development for property located at 1001
Station Trail, legally described as Lot 1, Block 1, Eagan Fire Station No. 2, subject to the condition
listed in the APC minutes.
U. It was recommended to implement a Comprehensive Guide Plan Amendment changing the land use
designation from SA (Special Area), to MD (Medium Density), to allow for a residential townhome
development upon approximately 12.91 acres located west of Lexington Avenue and north of
Northwood Parkway, legally described as Lot 2, Block 1, Northwood Business Park 3rd Addition. It
was recommended to approve a Rezoning from Business Park (BP) to Planned Development (PD)
for a residential townhome development upon approximately 12.91 acres legally described as Lot 2,
Block 1, Northwood Business Park 3`d Addition. It was recommended to approve a Preliminary
Planned Development Amendment consisting of 47 townhome dwelling units upon a 12.91 acre site
legally described as Lot 2, Block 1, Northwood Business Park Td Addition, subject to the conditions
listed in the APC minutes. It was recommended to approve a vacation of public drainage and utility
easements within Lot 2, Block 1, Northwood Business park 3rd Addition.
V. It was recommended to award Contract 10 -02 (Cityside Street Improvements) to Bituminous
Roadways, Inc., for the base bid in the amount of $909,450.15 and authorize the Mayor and City
Clerk to execute all related documents.
W. It was recommended to receive the Bids and award Contract 10 -08 to Insituform for the base bid
amount of $112,500 and authorize the Mayor and City Clerk to execute all related documents.
X. It was recommended to approve a Traffic Control Signal Agreement for Project 925 (Yankee Doodle
Road and Promenade Avenue — Intersection and Street Improvements) with the Dakota County
Transportation Department and authorize the Mayor and City Clerk to execute all related documents.
Y. It was recommended to authorize Design Nine as Eagan's 2010 Broadband Consultant for a cost not
to exceed $25,000 and direct staff to enter into an agreement with Design Nine, subject to approval
by the City Attorney.
Z. It was recommended to reschedule a public hearing to consider the petition to vacate public right -of-
way formerly known as Old Sibley Highway and Old Sibley Memorial Highway to be hold on May 4,
2010.
AA. It was recommended to approve a 60 -day extension of time to record the Final Play for Cedar Grove
Park and Ride, consisting of 9 acres, located at 4035 Nicols Road.
W
City Council Minutes
April 6, 2010
Page 3
r
BB. It was recommended to set a public hearing for May 4, 2010 to consider the final assessment of the
delinquent utility bills and certify them to Dakota County for collection with property taxes.
There were no public hearings.
PUBLIC HEARINGS
OLD BUSINESS
ORDINANCE AMENDMENT — CHAPTER 6, OTHER BUSINESS REGULATION, SECTION 6.34,
TOBACCO (TOBACCO LICENSEES DERIVING 90% OR MORE OF ITS TOTAL REVENUE FROM
TOBACCO, TOBACCO PRODUCTS AND TOBACCO RELATED DEVICE SALES)
City Administrator Hedges discussed this item regarding an ordinance amendment that would allow self
service of tobacco and tobacco products in establishments that do not permit anyone under 21 to enter.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve an ordinance
amendment to Chapter 6, Other Business Regulation, Section 6.34 Tobacco. Aye: 5 Nay: 0
NEW BUSINESS
CONDITIONAL USE PERMIT — ALEXANDER'S MOVING, AND STORAGE
City Administrator Hedges introduced this item regarding a conditional use permit for outside storage of
semi trailers on property located at 2811 Beverly Drive. City Planner Ridley gave a staff report.
Dick Honza representing Alexander's Moving and Storage discussed the applicant's proposal not to
'enclose or screen the trash dumpster and cardboard compactor because the trailers associated with the
outdoor storage will act as a physical screen.
Discussion was held regarding screening of the trash containers and it was the consensus of the Council
that an enclosure be constructed that is esthetically compatible with the building exterior.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Conditional Use
Permit for outside storage of semi trailers on property located at 2811 Beverly Drive, legally described as
Lot 1, Block 1, Atlas Addition, subject to the following conditions: Aye: 5 Nay: 0
1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by
the City Council.
2. The applicant shall submit a revised Site Plan with the revised parking stall locations, identifying
the setback from Beverly Drive right -of -way, stall /drive aisle dimensions and proof -of- parking
locations. No net loss of parking shall occur.
3. The applicant shall construct a minimum of 13 parking stalls by October 1, 2010.
4. The proof -of- parking area shall be constructed within 90 days of notification from the City.
5. The outdoor storage shall be limited to a maximum of 22 semi - trailers and storage shall occur in
the designated parking areas as indicated on the Site Plan received March 3, 2010.
6. The applicant shall enclose the trash and /or recycling containers in an enclosure that is
esthetically compatible with the building exterior and meets the approval of City staff approval, no
later than July 1, 2010.
7. Impacted trees shall be relocated as identified on the Landscape Plan received March 3, 2010.
No net loss of trees shall occur.
8. The applicant shall construct the new entrance onto Beverly Drive with a concrete entrance apron
in accordance with City engineering standards.
9. The applicant shall also modify the existing catch basin structure impacted by the new entrance
on Beverly Drive, in accordance with City engineering standards.
Z10
City Council Minutes
April 6, 2010 R�
Page 4
TEMPORARY PARKING ON SLATER ROAD — CITY OF EAGAN
City Administrator Hedges introduced this item regarding a request to temporarily allow parking on the
east side of Slater Road from Cliff Road to Cinnamon Ridge Trail from April 7, 2010, to September 2,
2010. Public Works Director Colbert gave a staff report noting that the temporary parking is being
requested to accommodate a number of construction worker personal vehicles expected during the
refurbishing of adjacent multi - family properties scheduled to begin this month.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a request to
temporarily allow parking on the east side of Slater Road from Cliff Road to Cinnamon Ridge Trail from
April 7, 2010 to September 2, 2010. Aye: 5 Nay: 0
ADMINISTRATIVE AGENDA
There were no items that required action.
VISITORS TO BE HEARD
There were no visitors who wished to be heard.
ADJOURNMENT
Councilmember moved, Councilmember seconded a motion to adjourn the meeting at 7:55
p.m. Aye:5 Nay:0
Date
-7
Administrative Secretary / Deputy Clerk
Agenda Information Memo
April 20, 2010 Eagan City Council Meeting
B. PERSONNEL ITEMS
Item 1.
ACTION TO BE CONSIDERED:
Approve the hiring of Seasonal Employees in the Streets Maintenance and Parks &
Recreation Division.
ATTACHMENTS
Memos reflecting the names of the seasonal employees to be hired. nq
EN
411� City of Evan demo
To: Lori Peterson, HR Manager
Courtney Seaberg, HR Specialist
Gina Dwyer, Payroll Specialist
From: Sonya Rippe, Recreation Facility Manager
Date: April S, 2010
Subject: April 20 City Council Meeting
New Seasonal Hires for Parks & Recreation
The following employees were hired in Parks & Recreation. Please add them to the April
20 City Council meeting agenda.
Name
Division
Job Title
Pay Rate
Hire Date
Tyler Holman
Recreation
Concessions
7.90
4 -13 -10
Bradi Larson
Recreation
Concessions
7.50
4 -13 -10
Kelly Kroening
Recreation
Concessions
7.50
4 -13 -10
Jessica Reagan
Recreation
Concessions
7.50
4 -13 -10
Michael Schmidt
Recreation
Concessions
7.50
4 -13 -10
41 City of Eap Wo
To: Lori and Gina
From: Paul Graham
Date: April 8, 2010
Subject: New Seasonal Hires for Parks
Please add to the City Council meeting agenda for approval.
Name
Division
Job Title
Estimated Start
Date
Kevin Stevenson
Parks
Park Laborer
5/7/10
Dave Jungers
Parks
Park Laborer
4/6/10
Jake Loesch
Parks
Park Laborer
4/12/10
Megan Grouws
Parks
Park Attendant
4/12/10
Robbie Edwards
Parks
Park Laborer
5/7/10
GAParksl0 \Seasonal Employees/ Memo to HR- Payroll Parks 4 8 10
ID
City of Eagan Memo
To: Lori and Gina
From: Steve Taylor
Date: April 7, 2010
Subject: New Seasonal Hires for Parks
Please add to the City Council meeting agenda for approval.
Name
Division
Job Title
Estimated Start
Date
Abraham Seiz
Parks
Park Maintenance
4/7/10
GAParksl0 \Seasonal Employees/ Memo to HR- Payroll Parks 4 7 10
City of Eap Rc�u
To: Lori and Gina
From: Paul Graham
Date: April 6, 2010
Subject: New Seasonal Hires for Parks
Please add to the City Council meeting agenda for approval.
Name
Division
Job Title
Estimated Start
Date
Robert Rausch
Parks
Park Laborer
4/5/10
Andrew Koppang
Parks
Ballfield Attendant
4/12/10
GAParks 10 \Seasonal Employees/ Memo to HR- Payroll Parks 4 6 10
la
Alklw City of Eagan Memo
To: Lori and Gina
From: Gregg Hove
Date: April 6, 2010
Subject: New Seasonal Hires for Forestry
Please add to the City Council meeting agenda for approval.
Name
Division
Job Title
Estimated Start
Date
Katie Shields
Forestry
Landscape Maint.
4/12/10
GAParks 10 \Seasonal Employees/ Memo to HR- Payroll Forestry 4 6 10
/S
City of Evan In
To: Lori and Gina
From: Steve Taylor
Date: March 31, 2010
Subject: New Seasonal Hires for Parks
Please add to the City Council meeting agenda for approval.
Name
Division
Job Title
Estimated Start
Date
Andrew Paul
#3170 — Parks
Park Maintenance
3/31/10
G:\ParksI O \Seasonal Employees/ Memo to HR- Payroll on 3 31 10
411� City of Eapn ma
S
To: I,gri` and Gina
From: Kurt Schlegel
Date: March 31, 2010
Subject: New Seasonal Hires for Streets
Please add to the City Council meeting agenda for approval.
Name
Division
Job Title
Estimated Start
Date
Leon Werner
#2201 — Streets
Streets Maintenance
3/30/10
GAStreetsl0 \Seasonal Employees/ Memo to HR- Payroll on 3 31 10
/s-
4b� City of Evan MOIQ
To: Courtney and Gina
From: Parks and Recreation
Date: April 16, 2010
Subject: April 20 City Council Meeting
New Seasonal Hires for Parks and Recreation
The following employees were hired in Parks and Recreation. Please add them to the
April 20 City Council meeting agenda.
Name
Division
Job Title
Pay Rate
Hire Date
David Bailly Cascade Bay Lifeguard
9.02 5 -1 -10
Richard Barta
10.08
Zachary Bonifacio
8.49 "
Kevin Cairo
9.02 "
Ryan Cairo
9.55
Michael Cassidy
9.02 "
Nathaniel Chrastil
9.55 "
Benjamin Cohen
10.08 "
Jacob Edwinson
9.55 "
Carissa Fisher
10.08 "
Cody Foster
9.02
Michael Gates
9.02
Anthony Giancana
9.55
Grant Gittus
9.55 "
Heidi Hager
10.08
Chelsey Heeb
9.02 "
Jacob Holm
9.55 "
Mitchell Johnson
9.55 "
Michael Kaiser
9.55
Melanie Kellar
8.49
Alyssa Landin
9.55
Erin Machacek
9.02 "
Anne Marascuilo
10.61
Gina Marascuilo
9.55
Samantha McNabney
10.61
Brittany Meehan
9.55 "
Robert Miller
8.49
Kyle Nesheim
9.55
Tyler Osegard
10.61 "
Elizabeth Petesch
9.55 "
Trinda Phelon
10.08 "
Nathaniel Phillips
10.08
/�P
Matthew Polum
9.55 "
Arielle Trom
9.55 "
Sarah Wambheim
9.02
Anna Williams
9.55
Alyssa Zaborowski
9.55
Hannah Anderson
9.02 "
Stefanie Berkopec
10.61 "
Emily Bryant
9.02 "
Melissa Clawson
9.02 "
Kristin Kluegel
9.55 "
Timothy Massie
9.55
Julia Pagh
9.55 "
Brianna Peterson
10.08
Elizabeth Rukavina
9.02
Claire Sykora
9.55
Nicole Floersch
Pool Attendant
8.43
Amanda Knutson
8.96
Erika Melcher
8.43 "
Luke Parker
7.90 "
Logan Peterson
8.43 "
Alexandria Voss
7.90 "
Griffin Voss
7.90 "
Christina Basch
Guest Relations 1
8.43 "
Rachel Berryman
7.90 "
Amy Graves
8.43 "
Rachael Hunter
8.43 "
Matthew J. Johnson
7.90 "
Michael Ney
8.96 "
Amelia Phelon
8.43 "
Carly Reimer
8.43
Diana Hansen
Guest Relations II
9.55 "
Andrew Sci Toni
Coordinator
12.73
hParks and Recreation \cmesko \Employee Data- Seasonal\Memo to HR- Payroll
/7
Agenda Information Memo
April 20, 2010 Eagan City Council Meeting
C. RATIFY CHECK REGISTERS
ACTION TO BE CONSIDERED:
To ratify the check registers dated April 1, 2010 and April 8, 2010 as presented.
ATTACHMENTS:
• Check registers dated April 1, 2010 and April 8, 2010 are enclosed without page number.
Agenda Memo
City Council Meeting
April 20, 2010
CONSENT AGENDA:
D. Exempt Permit for Experimental Aircraft Association to hold a raffle on October 3,
2010
ACTION TO BE CONSIDERED:
Adopt Resolution approving an Exempt Permit for Experimental Aircraft Association to conduct
a raffle on October 3, 2010 at the Community Center.
FACTS:
• Experimental Aircraft Association has applied with the Minnesota Gambling Board for
an Exempt Permit to hold a raffle at the Community Center on October 3, 2010.
• This has been an annual event for the past several years.
• All requirements of the application have been met and staff recommends approval.
ATTACHMENTS:
• A copy of the proposed resolution is attached as page.
• The application is available for review in the Administration Department.
11
RESOLUTION
CITY OF EAGAN
APPLICATION FOR EXEMPTION FROM
LAWFUL GAMBLING PERMIT
EXPERIMENTAL AIRCRAFT ASSOCIATION
WHEREAS, the Experimental Aircraft Association has applied for an Exemption
from Lawful Gambling Permit; and
WHEREAS, the Eagan Police Department has reviewed the application and has
not identified any reason to deny; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan,
Dakota County, Minnesota, hereby approves the Exemption from Lawful Gambling
Permit for the Experimental Aircraft Association to conduct a raffle on October 3, 2010
at the Eagan Community Center located at 1501 Central Parkway in Eagan.
Motion by:
Seconded by:
Those in Favor: All
Those Against: None
Date: April 20, 2010
CITY OF EAGAN
CITY COUNCIL
By:
It's Mayor
Attest:
It's Clerk
CERTIFICATION
I, Maria Petersen, Clerk of the City of Eagan, Dakota County, Minnesota, do
hereby certify that the foregoing resolution was duly passed and adopted by the City
Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof
assembled this 20th day of April, 2010
Maria Petersen, City Clerk
EN
Agenda Information Memo
April 20, 2010, Eagan City Council Meeting
E. DECLARE BICYCLES AND UNCLAIMED PROPERTY TO BE
SURPLUS
ACTION TO BE CONSIDERED:
To declare bicycles and unclaimed property to be surplus.
FACTS:
➢ Throughout the year, the City acquires a variety of unclaimed and stolen property.
State law permits the sale of these items to the highest designation as surplus
property.
➢ Prior to the designation of surplus property, a list of items is circulated to all
departments and, if there remains any public use of the property, it is reallocated to
the appropriate department rather than being sold.
➢ The City Council approved an agreement with Propertyroom.com, an online auction
service specializing in the disposition of unclaimed property and surplus City
property. Prior to sale of the property through Propertyroom.com, the appropriate
legal notice will be published in the Thisweek Newspaper.
ATTACHMENTS (0):
➢ 2010 auction item list will be distributed with Monday's Additional Information
Packet.
<0-//
Agenda Information Memo
April 20, 2010, Eagan City Council Meeting
F. APPROVE RESOLUTION ESTABLISHING A NEW POLLING PLACE
FOR PRECINCT 12
ACTION TO BE CONSIDERED:
To approve a resolution establishing Metcalf Junior High School, 2250 Diffley Road, as
the new polling place for Precinct 12.
FACTS:
➢ For elections prior to this year, the polling place for Precinct 12 was located at
Living Word Lutheran Church, 4300 Nicols Road. As a result of the Legislature
changing the date of the Primary Election to August 10, the church was unable to
accommodate the City's use of their facility as a polling place because of a conflict
with Vacation Bible School.
➢ A temporary move for the Primary was considered; however, the church was unable
to commit to serving as a polling site for future Primary Elections due to this issue.
➢ A couple of alternate sites were considered. The site chosen to serve as the polling
place for Precinct 12 is Metcalf Junior High School located at 2250 Diffley Road.
➢ Permission has been received from ISD 191 to use Metcalf Junior High School as a
polling place.
➢ Notification will be sent by Dakota County to all registered voters in Precinct 12
informing them of the change in polling locations.
ATTACHMENTS (1):
Resolution enclosed on paged 3
CITY OF EAGAN
RESOLUTION
RESOLUTION ESTABLISHING NEW POLLING PLACE FOR PRECINCT 12
WHEREAS, Living Word Lutheran Church located at 4300 Nicols Road has served
as the polling location for Precinct 12; and
WHEREAS, the church is unable to serve as the polling site for the Primary Election
due to a scheduling conflict,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Eagan that a new polling place be established for Precinct 12 as follows:
Precinct 12 Metcalf Junior High School
2250 Diffley Road
Motion made by:
Seconded by:
Those in favor:
Those against:
Dated:
CITY OF EAGAN
CITY COUNCIL
By:
Its Mayor
Attest:
Its City Clerk
CERTIFICATION
I, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do
hereby certify that the foregoing resolution was duly passed and adopted by the City Council of
the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 20'h
day of April, 2010.
Maria Petersen, City Clerk
a3
Agenda Memo
City Council Meeting
April 20, 2010
CONSENT AGENDA:
G. Tree Maintenance Contractor License for Lawrence Tree and Stump Services, Inc.
ACTION TO BE CONSIDERED:
Approve Tree Maintenance Contractor License for Lawrence Tree and Stump Services, Inc.,
17082 Georgetown Way, Rosemount
FACTS:
Lawrence Tree and Stump Services has applied for Tree Maintenance Contractor license
for 2010 and all requirements of the application have been met and the fee has been paid.
Staff recommends approval.
ATTACHMENTS:
None. The application is available for review in the Administration Department.
a�
Agenda Information Memo
April 20, 2010 Eagan City Council Meeting
H. AWARD ADDITIONAL FIRE SAFETY CENTER CONTRACTS (FIRE SAFETY
BUILDING & FIRE STATION NO. 2- BUILDING CONSTRUCTION)
ACTION TO BE CONSIDERED:
TO AWARD TWO ADDITIONAL NEW CONTRACTS FOR THE CONSTRUCTION OF
THE FIRE SAFETY CENTER AND TO CANCEL ONE PREVIOUS CONTRACT
AUTHORIZED FOR THE PROJECT.
FACTS:
• On January 19, 2010 the City Council authorized staff to advertise for bids for the
construction of the Fire Safety Center.
• On March 16, 2010 the City Council authorized award of 21 contracts for the project and
authorized rebidding an additional 6 contracts.
• One of the contracts that was authorized on March 16, 2010 was for Metal
Doors /Frames /Hardware. The Construction Manager recommended awarding to Glewwe
Doors. Kendall Doors, Inc was the low bidder, but at the time of award on March 16 they had
told our Construction Manager that they had failed to include taxes in their proposal. They
have since changed their mind and are honoring their original bid which is $13,921 less then
Glewwe Doors.
• Staff is recommending canceling the Glewwe Door contract and awarding the Metal
Doors /Frames /Hardware contract #0810 to Kendall Doors Inc.
• Glewwe Doors bid amount $109,730
• Kendall Door Inc bid amount $95,809
• The contract for Rough Carpentry/Accessories, contract 0610 was one of the six contracts
that staff had originally proposed to rebid. Upon further review of this contract by our
Construction Manager and Architect, there are no additional items that we can value engineer
to reduce this contract.
• Staff is recommending award of contract 0610 Rough Carpentry/Accessories to the low
bidder of Crossroads Construction in the amount of $252,753.
• Staff and consultants are still working on the remaining 5 contracts for rebid and additional
value engineering and are confident that these rebids will bring the project within budget.
as
Agenda Information Memo
April 20, 2010 Eagan City Council Meeting
I. Adopt policy for setting interest rates on special assessments, and set current year rate at
5.0 %.
ACTIONS TO BE CONSIDERED:
• To adopt a policy for setting interest rates on special assessments; and
• To set the interest rate for special assessments levied in 2010 at 5.0 %.
FACTS:
• When a special assessment roll is approved by the Council, the interest rate at which the
assessments are financed is approved at the same time.
• When the City was in its higher - growth stages, special assessment improvement bonds were
issued annually (sometimes twice a year), and the assessment interest rate was set at roughly
1.5% to 2.0% over the interest rate of the most recent bond issue, which typically had been
issued just a few months earlier.
• Now, the City's special assessment improvement bond issues are very infrequent as the
nature of assessable projects has changed over the years. Many of the assessments are of
a shorter term and smaller dollar amount, resulting in a lot of prepayments. The City has
been able to finance projects internally. As a result, the traditional benchmark used to
establish assessment interest rates no longer exists.
• Based on research of policies in place at other cities, staff recommends establishing the
rate in April of each year for the following 12 months, at a rate that is between 1.5% and
2.0% over the current composite 10 -year AAA municipal bond yield. The assessment
interest rate would be rounded to the nearest .5 %.
• The current composite 10 -year AAA municipal bond yield is 3.36 %. Under the proposed
policy, the 2010 rate would be the rounded rate between 4.86% and 5.36 %, or 5.0 %.
ATTACHMENTS:
• Proposed policy is attached on page_
1
City of Eagan
Policy for Setting Interest Rates on Special Assessments
Adopted: April 20, 2010
It shall be the policy of the City to annually establish the interest rate to be used for special assessments
financed by the City.
• The interest rate is to be approved by the City Council in April and will remain in effect for all
assessment rolls adopted in the following 12 months —May 1 through April 30.
• The interest rate shall apply to all assessments certified to Dakota County, including public
improvement projects, delinquent utility bills, and delinquent invoices for noxious weed - cutting,
board -up costs, and false alarms.
• The interest rate shall be set at a rate, rounded to the nearest 0.5 %, that is between 1.5% and
2.0% above the composite 10 -year AAA municipal bond yield posted by Yahoo Finance or
another reliable source on or about the date of establishing the annual rate.
a7
Agenda Information Memo
April 20, 2010 Eagan City Council Meeting
J. Approve equity transfers to close out the 2002B Refunding Debt Service Fund, the
Assessments on City Property Capital Projects Fund, and the Drug Forfeiture Special
Revenue Fund.
ACTION TO BE CONSIDERED:
To approve equity transfers to close out the 2002B Refunding Debt Service Fund, the Assessments
on City Property Capital Projects Fund, and the Drug Forfeiture Special Revenue Fund.
FACTS:
• Three of the City's funds have been closed in 2009 and therefore require transfer of the
residual assets to other funds:
1. 2002B Special Assessment Improvement Refunding Debt Service. — The final
payment on this bond issue was made in 2009. By policy, excess cash and special
assessment receivables related to the retired bond issue are to be transferred to the
Community Investment Fund. Cash of $148,061 and special assessment receivables
of $536,871 are transferred to close out the fund.
2. Assessments on City Property Capital Projects Fund — On occasion, assessable public
improvement projects benefit City property and assessments are levied against such
property. The assessments are then paid with general property taxes levied by the
City to the Assessments on City Property Fund. Because such assessments have
been relatively small and infrequent, no levy has been required to this fund for
several years. Cash of $17,704 was transferred to the Facilities Renewal &
Replacement Fund (also funded by tax levy) to close out the fund, and future
assessments on City property will be paid out of the Facilities R &R Fund.
3. Drug Forfeiture Special Revenue Fund — This fund has been inactive for years as
drug forfeiture monies now go to the Dakota County Drug Task Force, not the
individual cities. The cash balance of $417 was transferred to the DWI Forfeiture
Special Revenue Fund.
• The transfers are to be recorded as 2009 activity in the financial statements.
ATTACHMENTS:
• None.
Agenda Information Memo
April 20, 2010 Eagan City Council Meeting
K. AUTHORIZE STAFF TO TAKE THE NECESSARY STEPS TO FINANCE THE
CIVIC ARENA GEOTHERMAL AND RELATED IMPROVEMENTS
INTERNALLY AND TO CALL THE OUTSTANDING CIVIC ARENA BONDS
ACTION TO BE CONSIDERED:
• To authorize staff to take the necessary steps to finance the Civic Arena
geothermal and related improvements internally and to call the outstanding Civic
Arena bonds.
FACTS:
• At the February 1, 2010 City Council meeting the following actions were taken:
1. A 50% matching grant in the amount of $1,338,000 as part of Recovery
Act - Geothermal Technologies Program for Ground Source Heat Pumps to
reduce the Eagan Civic Arena's energy usage and cost was accepted.
2. A Guaranteed Energy Savings Contract, pursuant to Minnesota Statute
471.35 Subd. 13 (b) to Harris Companies in the amount of $3,194,506 to
retrofit the mechanical system at the Eagan Civic Arena and replace the
west arena floor with other energy related improvements was approved.
3. Staff was directed to work with the City's fiscal consultant, Springsted,
Inc., to prepare a plan to borrow the funds necessary to finance the City's
share of the project.
• Upon review of the various financing options regarding the potential costs, legal
requirements, and various other regulations, staff is recommending that the City
share of the geothermal and related improvements be financed internally and
that the outstanding bonds be called as part of the same financing.
The internal borrowing will be in the amount of approximately $2,540,000 to be
used as follows:
1. $1,665,000 for the improvements.
2. $875,000 to refund the outstanding balance of the Ice Arena Gross
Revenue Bonds, Series 1998B issued in the original amount of
$1,565,000.
-'mil
• The new borrowing will require annual debt service of approximately $180,000
over 20 years. Current annual debt service is approximately $126,000 and
projected annual energy savings are $100,000.
• Staff is recommending that the remainder of the annual energy savings not
required for the new debt service be placed in a Civic Arena Renewal &
Replacement account. In this context the improvements and the new borrowing
should not impact the Arena's financial operations and would not be a new or
different factor in setting hourly rates or in the financial success of the facility.
• If the City Council approves this financing plan, the next step will be for the City's
bond attorney, Steve Rosholt at Faegre & Benson, to prepare the necessary
documents to call the outstanding bonds. The City Council will be asked to
approve those documents as well as the formal internal loan documents at
subsequent meetings.
ATTACHMENTS:
(None)
3�
Agenda Memo
April 20, 2010, Regular City Council Meeting
L. ACCEPT a donation from the Friends of the Eagan Core Greenway to
provide plantings, interpretive signage and a bench in Patrick Eagan Park.
ACTION TO BE CONSIDERED:
Accept a donation from the Friends of the Eagan Core Greenway in the amount of $3,000
to provide plantings, interpretive signage and a bench in Patrick Eagan Park.
FACTS:
The City of Eagan was approached by the Friends of the Eagan Core Greenway who
were interested in donating money to the completion of some projects at Patrick
Eagan Park.
• The FOECG met with City staff to discuss what options within Patrick Eagan Park
might be available for them to consider.
• After reviewing several items that were identified in the Patrick Eagan Park Master
Plan for future implementation the FOECG determined they would like to commit up
to $3,000 to complete the following projects:
• Prairie plantings and an accompanying interpretive sign placed near the Eagan
Art House.
• Additional prairie plantings on the slope west of the new deck, also possibly
including an interpretive sign.
• A bench for the benefit of park visitors to be located along the path between
the entrance to the park and the new pavilion.
ATTACHMENTS:
Letter from the Friends of the Eagan Core Greenway on page
3/
Friends of the Eagan Core Greenway
www.EaganCoreGreenway org
April 9, 2010
Juli Seydell Johnson
Director of Parks and Recreation
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55123
Dear Juli,
As you know, Friends of the Eagan Core Greenway has a rich and productive track record of
partnership with the City of Eagan, one which includes successful collaboration on the Anderson
parcel addition to Patrick Eagan Park as well as on the transfer of Caponi Art Park to the City.
Last month Board members of Friends of the Eagan Core Greenway met with you and City staff
members Paul Olson and Gregg Hove. The purpose of the meeting was to discuss a FOECG
donation to the City to facilitate the completion of projects at Patrick Eagan Park identified in the
Park's Master Plan. Paul Olson had earlier helpfully provided a list of prospective projects for us
to consider sponsoring.
Based on conversations with these City staff members and our subsequent discussions, we would
like to donate to the City of Eagan Parks and Recreation Department the funds necessary, up to
$3,000, for completion of the following projects:
Prairie plantings and an accompanying interpretive sign placed near the Eagan Art House.
Additional prairie plantings on the slope west of the new deck, also possibly including an
interpretive sign.
A bench for the benefit of park visitors to be located along the path between the entrance to
the Park and the new pavilion.
Thank you for your consideration of this gift to the City of Eagan and its Parks and Recreation
Department. On behalf of Friends of the Eagan Core Greenway, we appreciate our partnership
with the City of Eagan and look forward to the completion of these projects at Patrick Eagan Park.
Sincerely,
Jack Conrad John Ward Val Jackson Darrell Foss
Board Members of Friends of the Eagan Core Greenway
6 U09
Agenda Information Memo
April 20, 2010 Eagan City Council Meeting
M. AUTHORIZE the advertisement for proposals to replace the ice resurfacer
for the Eagan Civic Arena.
ACTION TO BE CONSIDERED:
Authorize the advertisement for proposals to replace the ice resurfacer for the Eagan
Civic Arena.
FACTS
The electric ice resurfacer purchased in 1999 was scheduled for replacement in
2009. Because it was still operational and without significant potential repairs it was
not proposed for replacement.
• Approaching the preparation of the 2011 budget, the replacement of the ice
resurfacer will now become a more viable consideration.
• The current lead time for an ice resurfacer is 18 months from the time of the order.
The estimated cost for a replacement ice resurfacer is between $110- 125,000 and
dollars have been set aside in Renewal and Replacement for this anticipated
expenditure.
• Once the bid proposals are received and reviewed staff will bring this item back to
the City Council for review and further direction.
• The schedule for the bid process would be:
• Advertise — weeks of April 24 and May 1, 2010
• Bids due — May 13. 2010
• Council action— May 18 or June 1, 2010
• Earliest Expected Delivery —December 2011
• Staff is also working with Dakota Electric to see if there are any rebates that might
offset the initial cost of an electric ice resurfacer.
ATTACHMENTS:
• None.
Agenda Information Memo
April 20, 2010 Eagan City Council Meeting
N. Proclaim May 16, 2010 as Arbor Day and the month of May 2010 as Arbor Month
in the City of Eagan
ACTION TO BE CONSIDERED:
To acknowledge Eagan as the recipient of the 2009 Tree City USA Award from the National
Arbor Day Foundation, and approve the Arbor Day Resolution setting Sunday, May 16 as Arbor
Day and May, 2010 as Arbor Month in the City of Eagan.
FACTS
• Eagan has received the Tree City USA community designation from the National Arbor
Day Foundation for the 23`d consecutive year. Each year the Parks and Recreation
Department conducts an Arbor Day program which includes participation in a tree
planting project. This year the 24th annual event will be held at Patrick Eagan Park.
• Recognition as a Tree City is based on efforts by the City to promote tree planting in the
community and the resolution demonstrates that effort.
• To become a Tree City, a community must meet four standards: a tree board or
department, a tree care ordinance, a comprehensive community forestry program, and an
Arbor Day observance.
• Eagan has demonstrated progress in the following forestry activities: Publications, parks
and open space, and improved ordinance.
• The resolution was recommended for adoption by the Advisory Parks and Recreation
Commission.
• Receiving these awards acknowledges the City's efforts to minimize environmental
impact during developments, and adhere to policies such as "Forever Green," aimed to
maintain and enhance Eagan's trees and foliage
Specific scheduled Arbor Day activities include:
11:15 am — 11:45 am Ceremonial Tree Planting
11:45 am — 12:15 pm Arbor Day Program
• Recognition of 2009 Poster Contest Winner
• Announcement of the 2010 Poster Contest Winner
ATTACHMENTS:
• Eagan Arbor Day and Eagan Arbor Month resolution on page .
• 24 th annual Arbor Day Celebration flyer on page,
3�
CITY OF EAGAN
RESOLUTION
A PROCLAMATION OF EAGAN ARBOR DAY
AND EAGAN ARBOR MONTH
WHEREAS, trees are a most valuable resource in the State of Minnesota and City of
Eagan — purifying our air and water, helping conserve our soil, serving as a recreational settings,
providing habitat for wildlife for all kinds, and enriching our lives in so many important ways;
and
WHEREAS, pollutants, tree diseases and urban expansion have damaged and continue to
threaten our trees, creating the need for reforestation programs and concerted public action
toward ensuring the future of out City's urban forests; and
WHEREAS, each year the people of Minnesota pay special attention to the wonderful
gift that our trees represent and dedicate themselves to the continued health of our state's trees;
and
WHEREAS, The City of Eagan has been recognized as a Tree City USA community by
the National Arbor Day Foundation since 1988 and desires to continue its tree - planting programs;
NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby
proclaim Sunday, May 16, 2010 to be ARBOR DAY and the month of May, 2010 to be ARBOR
MONTH in the City of Eagan.
BE IT FURTHER RESOLVED that the Mayor and Council further urge citizens to
become more aware of the importance of trees to the well -being of our community; and to
participate in City tree planting programs which will ensure a greener place for our citizens to live
in the decades to come.
Motion made by:
Seconded by:
Those in favor:
Those against:
Dated:
CITY OF EAGAN
CITY COUNCIL
By:
Mayor
Attest:
City Clerk
CERTIFICATION
I, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby
certify that the foregoing resolution was duly passed and adopted by the City Council of the City
of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 20t` day of
April, 2010
City Clerk
2
Holz Farm Spring Festival
Arbor Da y Celebration
At Holz Farm, 4665 Manor Drive, Eagan, MN 55123
Sunday - May 16,
11 :00 am -4:00
Scheduled Activities & Free Entertainment:
• Ceremonial Tree Plantine .............. ............................... 11:15 am
• 2010 Arbor Day Poster Winner Announcement ...... 12:00 pm
• Eagan Men's Chorus Performance .... ...........................1:00 pm
• Eagan Women of Note Performance ..........................2:00 pm
• Corn, Onion, Lima Beans, Potato and
Pumpkin Planting Demonstrations .............................. 2:30 pm
• Apron Lesson
• Barnyard Animals
• Copies of "Aunt Gussie and The Grandfather Tree"
handed out by author Kay Brown Gustafson
* Field Plowing and Discing
rntn (-rindincr
• Vintage Equipment & Tractor Display
+ Bread Baking /Butter Churning
Egg Picking /Chicken Display
• Entertainment by Mary Gohman
• 150 Bur Oak Seedlings for the 1 st 150 Families
• Fill the Grainwagon with Food Donations*
lty Of Eakan
2010
Pm
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A!t� A1y
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Ongoing Activities with Ticket Admittance:
(Purchase tickets for 50¢ each at tent near flag pole)
• Children's Activities - 1 ticket
• Pony Rides - 4 tickets
• Hay Ride - 1 ticket
• Cow Milking on "Oreo" the Virtual Cow - 1 ticket
• Pedal Tractor Corral - 1 ticket
• Rope Making - 1 ticket
Concessions
Hot Dogs & Brats
Chips & Cookies
Soda & Water
Dill Pickles
* In honor of Eagan's 150th
Anniversary donations to
i��Q Eagan Resource Center.
"" �
Parks & Recreation
Presented by
friends of the farm
and
Eagan Parks & Recreation
• 651 - 675 -5500 • www.cityofeagan.com
Agenda Memo
April 20, 2010, Regular City Council Meeting
O. ACCEPT an MRAC Grant for $5,000 from the Metropolitan Regional Arts
Council for summer programming.
ACTION TO BE CONSIDERED:
Accept an MRAC grant for $5,000 from the Metropolitan Regional Arts Council for
summer programming.
FACTS:
• The Metropolitan Regional Arts Council has granted the City of Eagan Parks and
Recreation $5,000 for Community Arts projects. The grant is awarded with a
dollar to dollar match, with 25% in cash.
The grant will fund "Art ... Be a Part" summer arts programming to include:
• Art Experience Tent at the Eagan Art Festival. This tent will feature
demonstrations and the creation of a community art project. Theme will
celebrate Eagan's 150th.
• Eagan Art Festival kids tent to feature an art project to celebrate Eagan's
150th birthday with a folk arts project.
• Market Fest community art night. In addition to the weekly art
activities, this night will focus on art involvement for all ages.
• Art classes for Dakota Woodlands adult residents.
• Celebration of Art, an open house in August at the Eagan Art House.
This event will feature a public raku firing, the opening of the 5th annual
Harvest of Art Community Art Exhibit, a pottery sale and hands art
activities
ATTACHMENTS:
None
3%
Agenda Information Memo
April 20, 2010, Eagan City Council Meeting
P. MODIFY DEVELOPMENT CONTRACT — REVESTORS COMPANIES
(RED PINE CROSSING)
ACTIONS TO BE CONSIDERED:
To modify the development contract to extend the completion dates for site improvements from
May 1, 2010 to May 1, 2012 for Red Pine Crossing, located south of Red Pine Lane and east of
Hwy. 3 in the SE' /4 of Section 36.
REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present
FACTS:
➢ A Preliminary Subdivision and Preliminary PD were approved April 4, 2006.
➢ The Final Subdivision and Final PD were approved October 17, 2006.
➢ After several extensions of time to record the plat, the City approved a revised final plat on
February 17, 2009 which adjusted the lot line between the two parcels in this development.
The revised plat was recorded September 22, 2009.
➢ The development contract executed in February 2009 established completion dates of
May 1, 2010 for site improvements and installation of utilities.
➢ The site has been graded, but utilities have not been installed and no building permits
have been issued.
➢ The letter from Revestors requests a two -year extension of the completions dates to
May 1, 2012.
ISSUES: None
ATTACHMENTS (3):
Location Map, pages 0 t# att _41 -
Letter from Tim Anders n, Revestpxs, page�(_J
Proposed completion dates, page
Location Map
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Map Prepared using ERSI ArcVlew 3.1. Parcel base niap data provided
by Dakota County Office of GIS and is current as of April 2005.
�,
THIS MAP IS INTENDED FOR REFERENCE USE
The City of Eagan and Dakota County do not guarantee the accuracy
ONLY
of this information and ar
not responsible for errors or omissions.
March 18, 2010
Pam Dudziak
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
Re: Red Pine Crossing — Completion Dates
Dear Pam,
Section 4.2 of the development contract for Red Pine Crossing identifies May 1, 2010 as
the completion date for a number of items. We are requesting to amend the development
contract to extend these completion dates to May 1, 2012.
Please let me know if you have any questions.
Best regards,
Tim Anderson
` --
IDS �,u
Proposed Modification of Completion Dates
RED PINE CROSSING Development Contract
City Council Meeting April 20, 2010
4.2 Completion Dates. Improvements required shall be completed no later than the
following dates:
Item: Date:
a) Right -of -Way Site Survey Pins May 1, 2010 2012
b) Subdivision Lot(s) Corner Pins May 1, 204-0 2012
c) Landscaping May 1, 2949 2012
d) Utilities (sanitary, water, storm sewer) May 1, 2940 2012
e Red Pine Lane Street Improvements (turn lane, concrete May 1X010 2012
curb and gutter, gravel base, first lift of black top, and y '
striping modifications)
f) Street Lights May 1, 20 4 0 2012
g) Trail Relocation May 1, 2010 2012
h) Turn Lane (MnDOT Wearing Course) May 1, 2010 2012
i) Wetland Delineation Signs May 1, -2010 2012
Should the Developer fail to finish each designated item by the designated date, the Developer shall
pay and reimburse the City for all additional costs incurred by the City as a result of such failure.
Any extension to the above noted completion dates must be approved by City Council Resolution
and shall be conditioned upon updating the Financial Guaranty posted by the Developer to reflect
any additional costs.
41
Agenda Information Memo
April 20, 2010 Eagan City Council Meeting
Q. CONTRACT 10 -01, BLACKHAWK ROAD / KENNEBEC DRIVE
STREET IMPROVEMENTS
ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract 10 -01
(Citywide Street Improvements) and authorize the advertisement for a bid opening to be held at
10:30 a.m. on Thursday, June 3, 2010.
FACTS:
• Contract 10 -01 provides for the street improvements of Blackhawk Road (City Project 10 15)
and Kennebec Drive (Project 1024), as outlined and discussed in the respective feasibility
reports for each project.
• On January 19, 2010, the City Council held public hearings for Project 1024. The City
Council approved the project and authorized preparation of detailed plans and specifications
for the 2010 construction season.
• On March 2, 2010, the City Council held public hearings for Projects 1015. After public
testimony regarding special assessments and land uses, the Council approved the project and
authorized preparation of detailed plans and specifications for 2010 construction.
• These projects are being combined under one contract for economies of scale in the
competitive bidding process. 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.
• Minnesota state law allows local agencies to choose a procurement system, termed Best
Value Contracting (BVC) for up to 20% of their annual construction projects, as an
alternative to the standard low -bid contracting system. The law was advocated by a coalition
of labor organizations and requires two factors to be considered during the BVC procurement
process: price and performance.
• BVC uses the relationship between performance and price to achieve the best overall value
and lowest long -term cost for government construction projects.
• On March 18, 2008, the City Council adopted, as practice, the Best Value Contracting
method for the procurement system of an annual maximum of 20% of the public
improvement projects for the City.
• The BVC method of procurement was successfully used for the four previous Citywide
Street Improvement contracts in 2008 and 2009 (Contracts 08 -03, 08 -04, 09 -01 & 09 -02).
• The BVC method of procurement will be used for this contract, and will be advertised in the
solicitation of these bids. All bids will be evaluated in an open and competitive manner.
ago
Agenda Information Memo
April 20, 2010 Eagan City Council Meeting
R. WESCOTT WOODLANDS
RIGHT -OF -WAY VACATION
ACTION TO BE CONSIDERED: Reschedule a public hearing to consider the petition
to vacate public right -of -way known as Wescott Woodlands to be held on May 18, 2010.
FACTS:
• As part of the City Council's consideration of the Plan Development Amendment and
Preliminary Subdivision application for the Stonehaven development, public
discussion included inquiries from adjacent neighbors regarding their interest in the
vacation of the portion of Wescott Woodlands that is unimproved and currently
serves as a gravel driveway to three residences and a public trail connection to
Wescott Hills Dr to the south. Said right -of -way is directly adjacent to the east
boundary of the proposed development.
• On March 3, 2010, staff received a petition from the three residents, Don and Carol
Hesse (3536 Wescott Woodlands), Tony and Lynn Vinge (3544 Wescott Woodlands)
and Fred Wessel (3590 Wescott Woodlands), requesting the vacation of existing
public right -of -way adjacent to their property, located south of the intersection of
Yankee Doodle Road and Wescott Woodlands.
• On March 16, the City Council received the petition to vacate a portion of the public
right -of -way for Wescott Woodlands south of the proposed Duckwood Drive
extension and scheduled a public hearing to be held on April 20, 2010.
• On March 29, the Dakota County Plat Commission took formal action to not require
the connection of Wescott Woodlands to Wescott Hills Drive as part of the
Stonehaven development.
• The right -of -way was dedicated originally as part of the Wescott Gardens and Wessel
Ponds Additions and connects the public rights -of -way of the improved portions of
Wescott Woodlands and Wescott Hills Drive.
• On January 18, 2000 the City Council considered the improvement of the unimproved
portion of Wescott Woodlands, connecting the two existing street cul -de -sacs. After
significant public discussion, the City Council determined that the cul -de -sacs would
not be connected and eventually changed the name of the north cul -de -sac to Wescott
Woodlands (formerly known as Wescott Hills Drive).
• The portion of the Wescott Woodlands right -of -way proposed to be vacated
accommodates existing public and private utilities, as well as serves as private
driveways and a public trail.
• The expressed purpose of the request is to prevent a future connection to Wescott
Hills Drive and discourage the practice of illegal activities within the right -of -way
south of the existing Wescott Woodlands cul -de -sac.
• The request would vacate the right -of -way, but reserve the drainage and utility
easement for the existing and future utilities, as well as the public trail easement.
14
• The use of the existing right -of -way as driveways for three private residences also
accommodates the City ordinance requiring frontage of platted property to be
adjacent to public right -of -way. Approval of the requested vacation would require
the conveyance of driveway cross easements between the three property owners
which conflicts with City ordinances requiring dedicated public right of way access to
each individual property.
• The vacation of only the most southerly portion of the right -of -way would still
prevent a future interconnection to Wescott Hills Drive. The remainder of the right -
of -way remaining intact would allow the driveway use to continue without conflicting
with City ordinances. Any remaining issues with illegal activities or questionable
activities within the unimproved right -of -way south of the existing cul -de -sac should
be directed to the Police Department.
• Due to the uncertainty of the limits of the proposed vacation, notices have not yet
been sent to potentially affected and/or interested utilities for comment and were not
published in the legal papers accordingly.
• Notices will be published in the legal papers for the proposed rescheduled public
hearing date of May 18, 2010.
ATTACHMENTS:
• Location Map, page
eN
I�
3
PROPOSED DUCKWOOD DRIVE
EXTENSION T
n�
to
® RIGHT -OF -WAY TO BE VACATED
PETITIONERS PROPERTY
d
3/11/2010 1
Wescott Woodlands ROW Vacation
City of Up Fig. 2
Engineering Department -� Vacation Exhibit
Agenda Information Memo
April 20, 2010 Eagan City Council Meeting
VI. OLD BUSINESS
A. COMPREHENSIVE GUIDE PLAN AMENDMENT AND PLANNED
DEVELOPMENT AMENDMENT — COVENTRY SENIOR LIVING
ACTIONS TO BE CONSIDERED:
To implement a Comprehensive Land Use Plan Amendment that would change the land use
designation from SA /MD (Special Area/ Medium Density), to SA/HD (Special Area/ High Density),
to allow for a 56 unit Senior Living Facility for property located at 1650 Hunt Drive, legally
described as Lots 1 and 2, Block 1, Terra Glenn 3`d Addition.
To recommend approval of a Planned Development Amendment to amend the Preliminary Planned
Development to allow for a 56 unit Senior Living Facility for property located at 1650 Hunt Drive,
legally described as Lots 1 and 2, Block 1, Terra Glenn 3`d Addition, subject to the conditions listed
in the June 23, 2009 APC minutes.
REQUIRED VOTE FOR APPROVAL:
Comprehensive Guide Plan Amendment — At least four votes
Planned Development Amendment — At least three votes
FACTS:
On August 18, 2009, the City Council directed the Comp Plan Amendment to be sent to the
Metropolitan Council for review. Part of that direction was to also have the item come back
before the City Council under Old Business rather than the Consent Agenda,
On March 24, 2010, the Met Council approved the Amendment allowing the City to
implement the land use amendment.
➢ No changes are proposed from the August 2009 plan set reviewed by the City Council.
If approved, the applicant will be required to combine Lots 1 and 2, Block 1, Terra Glenn 3`d
Addition, via a Final Plat.
ISSUES:
Staff suggests the Council may add the following condition of approval to the Planned
Development regarding the proof of parking: "If after review by the City, it is decided that
additional parking is needed due to extensive on- street parking, additional on -site parking
must be provided within one year of notice to the Applicant or its successors or assigns."
AGENCY ACTION DEADLINE: The applicant has agreed to waive the agency action deadline.
ATTACHMENTS (5):
Location Map, page ,1 v
June 23, 2009 APC Minutes, pages`f�D through
August 18, 2009 CC Minutes, pages
April 9, 2010, Staff Summary Memo on page�_t#ret*
June 17, 2009, Staff Planning Report on pages through ST
wit
Advisory Planning Commission
June 23, 2009
Page 4 of 10
B. Coventry Senior Living
Applicant Name: Coventry Senior Living
Location: 1650 Hunt Drive; Lots 1 & 2, Block 1, Terra Glenn 3rd Addition
Application: Comprehensive Guide Plan Amendment
A Comprehensive Guide Plan Amendment from (SA) Special Area to (HD) High
File Number: 16- CG- 02 -05 -09
Application: Planned Development Amendment
A Planned Development Amendment to allow a two- story senior living facility.
File Number: 16- PA- 05 -05 -09
Planner Thomas introduced this item and highlighted the information presented in the City Staff
report dated June 17, 2009. She noted the background and history. She distributed and
discussed an email received from resident Jenifer Berger dated June 23, 2009.
Greg Johnson, Coventry Homes, discussed the proposal including aspects of the facility,
setbacks, parking, neighboring homes, the need for this type of facility in Eagan, delivery
schedules, garbage pick -up, screening, recreation space, and the potential for 28 units of rental
space if conversion was needed. He stated the paved lane on the west property line was
requested by the Fire Marshal. He also discussed the State of Minnesota background check
requirement for staff of the facility.
Vice Chair Keeley opened the public hearing
Nicole Fox, 3570 Birchpond Road, stated concern for potential increases in traffic, noise, crime,
the hourly workforce, poor aesthetics and devaluation of her home.
Vladimir Storchak, 3542 Birchpond Road, stated concern for this type of business being placed
in the neighborhood. He asked where the families are coming from and stated concerns with
problems occurring at other similar facilities.
Chris Young, 3533 Birchpond Road, stated concern for the safety of children and questioned
the proper procedures for the applications, and if the City Code was being followed properly in
that the burden of proof should be on the applicant that this project would not have an adverse
impact on neighboring properties.
Alex Gohar, 3545 Birchpond Road, stated concern for the current maintenance of the property
and stated the property taxes are delinquent.
Amy Ryan, 3513 Birchpond Road, agreed with stated concerns for the neighborhoods property
values and the safety of its residents and also ambulance traffic and the high degree of transient
people at the proposed facility.
Todd White, 3586 Birchpond Road, stated concern for the safety of his children and stated the
facility will see more visitors than projected. He stated he built his home based on the approved
24 townhome unit configuration.
Kenny Young, 1716 Terra Glenn Court, stated agreement with all concerns already mentioned.
He stated disagreement that the Skyhill Park would be used by the residents of this facility. He
stated the park is one -half mile from the facility and the shortest route, through his
M.
Advisory Planning Commission
June 23, 2009
Page 5 of 10
neighborhood, lacks sidewalks. He disagreed with the projected number of visitors and the
level of care promised.
There being no further public comment, Vice Chair Keeley closed the public hearing and turned
the discussion back to the Commission.
City Attorney Bauer addressed the standards used for the Compressive Land Use Plan. He
explained what is appropriate for the Advisory Planning Commission to discuss regarding the
proposal.
Vice Chair Keeley stated medium density is more appropriate for the area. She also stated
concern for the amount of parking if the building was converted to market rate apartments.
Member Filipi stated agreement with Vice Chair Keeley and stated the surrounding land use
greatly differs from the proposal, which is too dense. He stated he will vote against the
proposal.
Member Heaney moved, Member Dugan seconded a motion to recommend approval of a
Comprehensive Land Use Plan Amendment to change the land use designation from SAND
(Special Area/ Medium Density), to SAND (Special Area/ High Density) for a 64 unit senior
living facility on 2.25 acres for property located at 1650 Hunt Drive, legally described as Lots 1
and 2, Block 1, Terra Glenn 3rd Addition, in the NW %4 of Section 16.
A vote was taken. All voted against. Motion failed: 0 -7.
Member Filipi moved, Member Heaney seconded a motion to recommend denial of a
Comprehensive Land Use Plan Amendment to change the land use designation from SAND
(Special Area/ Medium Density), to SA/HD (Special Area/ High Density) for a 64 -unit senior
living facility on 2.25 acres for property located at 1650 Hunt Drive, legally described as Lots 1
and 2, Block 1, Terra Glenn 3 d Addition, in the NW %4 of Section 16.
A vote was taken. All voted in favor. Motion carried: 7 -0.
It was stated that the reasons for denial are the deviations from City Code standards indicating
that the project is too dense for the site.
Member Heaney moved, Member Dugan seconded a motion to recommend denial of a
Planned Development Amendment to construct a 64 -unit senior living facility on 2.25 acres for
property located at 1650 Hunt Drive, legally described as Lots 1 and 2, Block 1, Terra Glenn 3rd
Addition, in the NW '/4 of Section 16.
A vote was taken. All voted in favor. Motion carried: 7 -0
`-q
City Council Minutes
August 18, 2009
Page 4
OLD BUSINESS
COMPREHENSIVE GUIDE PLAN AMENDMENT AND PLANNED DEVELOPMENT AMENDMENT —
COVENTRY SENIOR LIVING
City Administrator Hedges introduced this item regarding the submittal to the Metropolitan Council a
Comprehensive Land Use Plan Amendment that would change the land use designation from SA/MD
(Special Area / Medium Density, to SA/HD (Special Area /High Density), to allow for a 56 unit Senior
Living Facility in Terra Glenn 3' Addition. City Planner Ridley noted this item had been before the
Council previously and the applicant had requested direction and a continuance to allow time to modify
the proposed site plan and hold a neighborhood meeting. Mr. Ridley then reviewed the modifications to
the proposal.
Greg Johnson representing Coventry Senior Living discussed the revised plan for the senior living facility
Two area residents spoke in opposition to the proposed senior living facility. Staff responded to their
concerns.
Councilmember Fields moved, Councilmember Tilley seconded a motion to direct staff to submit to the
Metropolitan Council a Comprehensive Land Use Plan Amendment that would change the land use
designation from SA/MD (Special Area /Medium Density), to SA/HD (Special Area /High Density), to allow
for a 56 unit Senior Living Facility at property legally described as Lots 1 and 2, Block 1, Terra Glenn 3rd
Addition in the NW Y4 of Section 16. Aye: 5 Nay: 0
The Mayor and City Council also directed staff to bring the Guide Plan Amendment and Planned
Development Amendment back to the Council as an Old Business item and to provide mailed notice of
that meeting to all properties on Birchpond Road.
NEW BUSINESS
There were no New Business items.
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There were no items for discussion.
The regular City Council meeting was recessed at 9:10 p.m. to immediately convene a meeting of the
Economic Development Authority.
The regular meeting was reconvened at 9:15 p.m.
There were no items requiring action.
ADMINISTRATIVE AGENDA
VISITORS TO BE HEARD
There were no visitors who wished to be heard.
ADJOURNMENT
5C�
City of Eap mm
To: Mike Ridley, City Planner
From: Sarah Thomas, Planner
Date: April 9, 2010
Subject: Coventry Senior Living Summary
➢ The Advisory Planning Commission held a Public Hearing regarding the proposed
Comprehensive Guide Plan Amendment and Planned Development Amendment on June
23, 2009 and is recommending denial.
i The APC stated that the proposed use appeared too intense for the proposed site with the
number of proposed deviations and they saw no compelling reason or public benefit to
modify the land use designation to allow an increase in density.
➢ Many neighbors spoke in opposition to the project due to potential increases in traffic,
noise, crime, the hourly workforce, poor aesthetics and devaluation of properties.
i Revised plans were submitted after the APC meeting and a neighborhood meeting was
held on July 28, 2009 at City Hall to discuss the proposed revisions to the Site Plan.
Those present included: the applicant, architect, city staff, BCBS representative and four
neighbors.
i The modified plan set reduces the number of units from 64 to 56 units. These changes
are a result of discussions which occurred at the City Council, Advisory Planning
Commission and Neighborhood meetings.
O Deviations include:
• Exceeding density allowed under R -4 zoning (reduced from 28.4 to
24.8 units per acre)
• Parking of less than two stalls per unit; the current proposed parking
results in 1.1 stalls /unit. The original request provided 43 stalls. The
revised request provides 63 stalls (23 surface, 20 underground, and 20
proof -of- parking)
• Building coverage greater than 20 percent (reduced from 25% to
22 %)
• Recreation area less than that required (required = 12,800 sq. ft.
Previously proposed 3,060 sq. ft. Now proposing 7,450 sq. ft. The
patio area is 2,250 sq. ft. and proof of parking area is 5,200 sq. ft.)
• Parking stall width (same, 9 -foot stalls)
S-/
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: June 17, 2009 CASE: 16- CG- 02 -05 -09
16- PA- 05 -05 -09
APPLICANT: Coventry Senior Living
HEARING DATE: June 23, 2009
PROPERTY OWNER: Yankee Doodle Properties Inc.
APPLICATION DATE: May 21, 2009
REQUEST: Comprehensive Guide Plan Amendment
and Planned Development Amendment PREPARED BY: Sarah Thomas
LOCATION: Lots 1 and 2, Block 1, Terra Glenn 3`d Addition
COMPREHENSIVE PLAN: SA, Special Area
ZONING: PD, Planned Development
SUMMARY OF REQUEST
The applicant is requesting approval of a Comprehensive Land Use Plan Amendment to
change the land use designation from SA/MD (Special Area/ Medium Density), to SA /HD
(Special Area/ High Density), and a Planned Development Amendment to construct a 64 unit
senior living facility on 2.25 acres for property located at 1650 Hunt Drive, legally described as
Lots 1 and 2, Block 1, Terra Glenn 3`d Addition, in the NW 1/4 of Section 16.
AUTHORITY FOR REVIEW
Comprehensive Land Use Plan Amendment:
The city's Comprehensive Guide Plan was prepared pursuant to Minnesota Statutes, Section
473.864. As defined by statute, the Land Use Plan is a guide and may be amended from time to
time as conditions change. The city's Guide Plan is to be implemented by official controls such
as zoning and other fiscal devices. The creation of land use districts and zoning is a formulation
of public policy and a legislative act. As such, the classification of land uses must reasonably
relate to promoting the public health, safety, morals and general welfare. When a change to a
city's Comprehensive Guide Plan is requested, it is the city's responsibility to determine if the
change is in the best long -range interests of the city. The standard of review of a city's action in
approving or denying a Comprehensive Guide Plan amendment is whether there exists a rational
basis. A rational basis standard has been described to mean having legally sufficient reasons
supportable by the facts which promote the general health, safety and welfare of the city.
67A
Planning Report — June 23, 2009
Coventry Senior Living
Page 2
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.
BACKGROUNWHISTORY
In 1981, the city approved a Planned Development for the property that encompassed a variety of
uses including Limited Business, Low Density Residential, Medium Residential and Park uses.
The subject site is part of Blue Cross Blue Shield East Campus Master Plan. Originally BCBS
had a plan proposing a total of 720,000 square feet of additional office space to be added from
2004 to 2015. In addition, approximately 25% of the 162 acre site was devoted to undisturbed
area and predominately single family residential along the east and south perimeter where the
site is adjacent to single family residential. In 2002 a Preliminary Planned Development was
approved to incorporate the master plan which included medium density residential east of the
existing campus, south of Yankee Doodle Road, west of the City's Maintenance Facility and
single family residential south of the medium density development.
The subject site was approved as part of a larger subdivision in 2003, which created 54 single
family and 24 townhome units on 39.5 acres of property. The development was proposed to be
built in three phases, two single family phases and one townhome phase. The majority of the
single family homes have been constructed. A Final Planned Development was approved in
2004 allowing two 12 unit townhome buildings on separate lots for a total of 24 units.
The property owner received approval in 2007 for a Planned Development Amendment to
construct a single three story building containing 24 condominiums on the medium density
property but withdrew the application due to market changes. In 2008 the property owner
applied for a Comprehensive Guide Plan Amendment to change the land use designation from
SA/MD (Special Area/ Medium Density), to SA /HD (Special Area/ High Density), and a
Planned Development Amendment to construct a 71 unit assisted living facility but withdrew the
application prior to action by the City Council.
EXISTING CONDITIONS
The subject site currently consists of two platted parcels. The current proposal will require an
application to replat the property into one single parcel as well as vacation of existing drainage
and utility easements. The property has been graded and the storm water pond has been
constructed per the original approvals in 2003. The parking lot has also been installed, however
modifications to the grading, pond and parking lot will be needed for the newly proposed
development.
J3
Planning Report — June 23, 2009
Coventry Senior Living
Paee 3
SURROUNDING USES
The following existing uses, zoning, and comprehensive guide plan designations surround the
subject property:
EVALUATION OF REQUEST
Code Requirements — The Planned Development Amendment in 2007 approved the 24 unit
townhome building on one lot, however the development never commenced and the applications
were ultimately withdrawn. Therefore, the Final Planned Development in effect was executed
and recorded in 2004 and approved a total of two 12 unit townhome buildings on separate lots
for a total of 24 units.
The intent of a Planned Development is to provide greater flexibility in environmental design
and relaxation of strict application of the zoning ordinance in exchange for greater creativity and
environmental sensitivity. This is meant to encourage a more creative and efficient approach to
the use of the land, and preserve and enhance desirable site characteristics, natural features and
open space.
Proposal — According to the Applicant's narrative the benefit of the proposed Planned
Development Amendment to the city is that, "Currently, there is a lack of housing for this
demographic of elderly in the Eagan Community." The revised proposal includes a change to
allow for high density residential, specifically, a 64 unit senior living facility which includes
two -story residential wings with 16 home neighborhoods on each floor. Each 16 unit
neighborhood is private and secure with one bedroom and 15 studio units surrounding a central
living space.
The proposed building results in a higher density than allowed by the R -4 zoning district
standards, the building setback less than 50 feet from Yankee Doodle Road, building coverage
greater than 20 percent, recreation area less than that required, reduction of parking stall width
from 10 feet to nine feet and parking of less than two stalls per unit. All of these deviations from
City Code requirements can be accommodated through the proposed PD zoning. The
acceptability of the deviations is a policy matter to be determined by City officials.
The requested Planned Development Amendment cannot be implemented (or processed further)
without the approval of the land use change by the Met Council.
ST
Existing Use
Zoning
Land Use Designation
North
Apartments
R -4, Residential Multiple
HD, High Density Residential
South
City Maintenance facility
PF, Public Facility
QP, Quasi Public
East
City Maintenance facility
PF, Public Facility
QP, Quasi Public
West
Single Family
Residential Homes
PD, Planned Development
SA, Special Area
EVALUATION OF REQUEST
Code Requirements — The Planned Development Amendment in 2007 approved the 24 unit
townhome building on one lot, however the development never commenced and the applications
were ultimately withdrawn. Therefore, the Final Planned Development in effect was executed
and recorded in 2004 and approved a total of two 12 unit townhome buildings on separate lots
for a total of 24 units.
The intent of a Planned Development is to provide greater flexibility in environmental design
and relaxation of strict application of the zoning ordinance in exchange for greater creativity and
environmental sensitivity. This is meant to encourage a more creative and efficient approach to
the use of the land, and preserve and enhance desirable site characteristics, natural features and
open space.
Proposal — According to the Applicant's narrative the benefit of the proposed Planned
Development Amendment to the city is that, "Currently, there is a lack of housing for this
demographic of elderly in the Eagan Community." The revised proposal includes a change to
allow for high density residential, specifically, a 64 unit senior living facility which includes
two -story residential wings with 16 home neighborhoods on each floor. Each 16 unit
neighborhood is private and secure with one bedroom and 15 studio units surrounding a central
living space.
The proposed building results in a higher density than allowed by the R -4 zoning district
standards, the building setback less than 50 feet from Yankee Doodle Road, building coverage
greater than 20 percent, recreation area less than that required, reduction of parking stall width
from 10 feet to nine feet and parking of less than two stalls per unit. All of these deviations from
City Code requirements can be accommodated through the proposed PD zoning. The
acceptability of the deviations is a policy matter to be determined by City officials.
The requested Planned Development Amendment cannot be implemented (or processed further)
without the approval of the land use change by the Met Council.
ST
Planning Report — June 23, 2009
Coventry Senior Living
Page 4
Compatibility with Surrounding Area — The proposed density is not consistent with the MD
(Medium Density) designation and for that reason the applicant has applied for the
Comprehensive Land Use Plan Amendment.
Comprehensive Land Use Plan — The subject site is currently guided SA/MD (Special Area)
Medium Density). While the entire 40 acre SA is divided into four different land use categories,
this site provides areas for medium density residential which allows for 4 to 12 units per acre.
The proposed SA/HD (Special Area/ High Density) designation is to provide for high density
attached housing units including townhomes, condominiums and apartments allowing for gross
densities greater than 12 units per acre, including the common areas. With appropriate buffering,
high density residential uses can be compatible with other lower density residential uses as well
as with more intense commercial and industrial uses. In some situations, high density residential
uses may serve as the buffer between lower density residential and higher intensity commercial
and industrial uses. High density developments may be best suited to properties with severe
development limitations such as steep slopes, trees and wetlands because attached dwellings are
well suited to clustering techniques. Access needs vary with the size of the development as those
with a large number of units should be located along arterial or collector roads and close
proximity to transit serviced is desirable.
The site has good visibility along Yankee Doodle Road (County Road 28) which is classified as
an "A" minor arterial which extends from TH 13 to CSAH 56 in Inver Grove Heights. This
location is part of a mixed -use planned development, in proximity to both apartments and retail
commercial businesses and next to both single family homes and the Public Works maintenance
facility.
Density — To evaluate the developer's proposal, density is first calculated by what is proposed
(the number of units divided by the gross /net site areas), then compared against what is required
or allowed in the comparable R -4 zoning district.
Proposed — The developer is proposing 64 units on a gross site area of 2.25 acres, resulting in
a gross density of 28.4 units per acre.
Required — R -4 zoning requires a minimum site area of 2,750 sq. ft. of area per unit. The
City Code allows a credit of 300 sq. ft. per unit for each unit served by underground garage
stalls. With 64 units and 1 underground garage stalls, the required site area would be 4 acres
(the equivalent of 16 units per acre).
The site area is less than 4 acres and the proposed density, exceeds 16 units per acre and thus,
deviates from typical R -4 zoning standards.
For comparative purposes:
➢ Gramercy (Independent Senior Living) provides 14 units per acre
➢ Marice Manor (Assisted Living) provides 35 units per acre
➢ Keystone (Assisted Living) provides 56 units per acre
0
Planning Report — June 23, 2009
Coventry Senior Living
Paee 5
Both Gramercy and Marice received approval of a Conditional Use Permit to allow the facilities
as retirement homes in the Limited Business zoning districts. Keystone is located in the Cedar
Grove District which permits density flexibility.
Conforming Plan — The applicant provided a conforming plan with the proposal; however the
narrative explains the reason for less height (2 stories instead of 3 or more) and therefore a
greater building footprint to best fit the surrounding neighborhood. The conforming plan has
less green space and landscaped areas as more of the property is covered with impervious
surfaces.
The applicant also submitted an "Alternate Apartment Plan" which identifies how a future
conversion of the 64 units to market rate apartments may occur. The plan identifies 28 total units
but does not accommodate for the necessary 56 parking stalls (one enclosed or underground
garage space per unit and one outdoor parking space per unit), discussed under the parking
section of this report.
Performance Standards — For the purpose of discussion, this proposal is reviewed under the R -4
(Residential Multiple) zoning district minimum and maximum standards. These are the same
standards that were utilized to review the condominiums and townhomes previously proposed on
this site.
Setbacks — As the table below indicates the proposal does not meet the setback
requirement of 50 feet from Yankee Doodle Road. The ordinance requirements are listed
below. Setback requirements are not established in a Planned Development zoning.
Building Coverage — The R -4 zoning district allows for a maximum of 20 percent
building coverage. The applicant proposes a maximum of 25 percent coverage.
Building Height — Building height is measured from the average grade to the midpoint of
a pitched roof. City Code allows a maximum building height of 35 feet. The elevations
depict the height of the building is approximately 31 feet.
Building Elevations /Architecture — The building is proposed to be constructed of brick
and glass (31 %), and cement board siding and trim (69 %). City Code requires all
exterior vertical surfaces to be treated as a front and have an equally attractive or same
fascia. The elevations meet this requirement. The colored elevations depict the garage
door to be painted a color to match the building. This is also included as a condition of
approval.
15�p
Ordinance
Approved w /Condominiums
Proposed
Front yard: Yankee Doodle
50 feet
80 feet
45 feet
Front yard: Hunt Drive
50 feet
116 feet
95 feet
Side yard: east property line
30 feet
148 feet
94 feet
Side yard: west property line
30 feet
50 feet
32 feet
Building Coverage — The R -4 zoning district allows for a maximum of 20 percent
building coverage. The applicant proposes a maximum of 25 percent coverage.
Building Height — Building height is measured from the average grade to the midpoint of
a pitched roof. City Code allows a maximum building height of 35 feet. The elevations
depict the height of the building is approximately 31 feet.
Building Elevations /Architecture — The building is proposed to be constructed of brick
and glass (31 %), and cement board siding and trim (69 %). City Code requires all
exterior vertical surfaces to be treated as a front and have an equally attractive or same
fascia. The elevations meet this requirement. The colored elevations depict the garage
door to be painted a color to match the building. This is also included as a condition of
approval.
15�p
Planning Report — June 23, 2009
Coventry Senior Living
Mechanical Equipment — All mechanical equipment shall be screened in accordance with
the provisions of the City's zoning code. The applicant has stated that all mechanical
equipment is designed to be housed inside of the building.
Recreation Area — As mentioned later in this report, Skyhill Park was dedicated as part of the
original plat for this development. However, City Code requires that on -site recreation space be
provided in multiple - family developments. The Code requires 200 sq. ft. for each 1 bedroom or
2 bedroom unit, plus an additional 100 sq. ft. for each 3 bedroom unit. Using this formula based
on 64 units, a total of 12,800 square feet is required. This area must be a minimum of 100 feet
from the ponding area which is located on the east side of the property. The applicant has
identified 3,060 square feet of recreation area on the site plan, which is enclosed with a six foot
fence. There is a gate which provides access to a five foot concrete walk that leads to the fire
lane adjacent to the west side of the building. This design not only provides emergency fire
access but also a future recreation area if it is necessary for the site.
Parkin — The proposed building provides 43 parking spaces for 64 units, a ratio of 0.67 to 1.
This ratio is less than that of prior approvals for other senior housing apartments. For
comparative purposes:
➢ Clare Bridge — Alzheimer's & Dementia Care Community (1997) provides .5 stalls per
unit (with proof of parking to total .88 stalls per unit)
➢ O'Leary (1997) provides 1.16 stalls per unit
➢ Marice Manor (1997) provides 0.74 stalls per unit (with proof of parking to total just
under one stall per unit)
➢ Oakwoods Phase I (199 1) provides 1.7 stalls per unit
➢ Keystone (2003) provides 0.87 stalls per unit
➢ Oakwoods Phase II (2007) provides 1.1 stalls per unit
The City Code requires two parking stalls for each multi - family dwelling unit (at least one
covered or underground), with no specified parking standard for senior housing facilities. As
noted in the applicant's narrative, underground parking was researched and the costs were found
to be extraordinary. Staff points out if the conversion to market rate apartments were to occur at
a future date, the site would be under - parked approximately 13 parking stalls. More specifically,
the applicant proposes 42 surface parking stalls and 1 garage parking stall. The stalls are
proposed to be 9 feet wide which is a deviation from the 10 foot width requirement. According
to the applicant, the reduction in stall width is to maximize onsite parking.
The applicant provided a memo from Essential Decisions, Inc., a firm that specializes in data
collection and market research for senior housing projects. According to the memo, the parking
demand for such a facility as proposed can range from .52 to .42 based upon the availability of
transportation services close to the site. Also, according to the memo, 39 parking stalls would be
more than adequate to serve the proposed development which includes parking for residents,
employees and visitors. The applicant expects 17 parking stalls needed for operations at peak
hours and only 3 stalls for residents. The remaining 23 stalls would be available for visitors.
S"�
Planning Report — June 23, 2009
Coventry Senior Living
Paee 7
Site Lighting — Site lighting is required for site security, safety and traffic circulation. Minimum
light levels of 0.5 footcandles should be provided in all parking lot areas. Light levels should not
exceed 1 footcandle at the property line. In addition, site lighting should comply with the
Illuminating Engineering Society of North America (2003) manual which suggests an average -
to- minimum uniformity ratio not greater than 4:1. All fixtures should be downcast and shielded
to prevent glare.
The submitted photometric lighting plan appears to satisfy the above standards except that it is
unknown if the fixtures are downcast and shielded. The two pole- mounted parking lot lights are
proposed to be mounted 23' in height (20' pole on a 3' base). The photometric lighting plans
show compliance with the 0.5 footcandle minimum within the parking areas, and the 4:1
average:minimum ratio. Light levels exceed 1 footcandle at the southern border of the property
near the eastern parking lot light. The plan should be revised to not exceed 1 footcandle at the
property line.
Sidewalk lighting in front of the building and within the enclosed recreation space is provided by
10' poles. Additional lighting is provided on the building.
Sifie — The submitted application did not include a specific sign plan, however the site plan
identifies a monument sign located east of the site entrance. As a condition of approval, all site
signage should comply with applicable provisions of the City Sign Ordinance.
Landscaping — City Zoning Ordinance requires a landscape plan for new construction of all
multiple residential developments. Landscaping is required to provide shade and break up
expanses of hard - surface area, screen parking, loading and service areas, control erosion, and
provide visual interest. The proposed landscape plan appears acceptable with some
modifications.
The proposed landscape plan does not provide adequate screening of the parking lot for the
residential properties to the south. A solid screen of not less than 3' 6" should be constructed to
capture the vehicle light beams and muffle the vehicle noise. Foundation plantings should also
be added to the rear of the building to provide visual interest.
All landscaped areas are required and proposed to be irrigated.
Storage Space — City Code requires 150 cubic feet of storage space per unit, in addition to the
closet and storage area within the unit. According to the applicant, the facility will be providing
resident storage of 150 cubic feet each.
Trash Storage — Trash storage is proposed inside the building on the first floor plan, adjacent to
the garage.
Grading — The site was graded as part of previous development proposals. The preliminary
grading plan depicts re- grading of a majority of the site to accommodate the change in land use.
Existing retaining walls on the site will be modified to accommodate the development. Long-
term maintenance of these retaining walls will be the responsibility of this development.
S9
Planning Report — June 23, 2009
Coventry Senior Living
Paee 8
Storm Drainage — The developer is proposing the oversizing and perforating of storm sewer
pipes within the site to allow for infiltration before discharge to the storm water pond. Detailed
soils information and infiltration calculations for this proposed storm water system should be
submitted for review and approval by the City Engineering Department prior to building permit
issuance. The developer should enter into an agreement with the City, in a form acceptable to the
City Attorney, providing for all future maintenance of this storm sewer infiltration system by the
property owner.
To satisfy City water quality requirements when the original plan for this site was approved in
2003, a storm basin (treatment pond) was constructed immediately east of the parcel and in
between it and a wetland further east. Minimum City requirements for the volume and size of
this treatment pond were based on the impervious surface of the original area draining to the
pond and the development originally approved.
The City required the treatment pond to have at least 0.62 acre -feet of "wet- storage" volume and
at least 0.27 acres of surface area. According to City "as- built" record plans, however, the
treatment pond (City Pond CP -2.1) actually has a "wet- storage" volume of 0.53 acre -feet and a
surface area of 0.19 acres. Thus, City Pond CP -2.1 is too small to treat stormwater for the
originally approved development.
Although the area draining to City Pond CP -2.1 has not changed, this proposed development
would add more impervious surface than the originally approved plan. To meet City
requirements for water quality treatment ponds, City Pond CP -2.1 would need to be expanded
0.16 acre -feet to at least 0.69 acre -feet of volume and 0.10 acres to at least 0.29 acres of surface
area (increases of 30 percent and over 52 percent, respectively). Such a reconstruction of City
Pond CP -2.1 is neither feasible nor prudent.
To meet the City's existing comprehensive stormwater management requirements, this
development is now subject to City Code §4.33, Post Construction Requirements (effective
October 31, 2008). These regulations emphasize reducing the need for "traditional" stormwater
management infrastructure by using natural topography, minimizing impervious surface areas,
and maximizing infiltration and retention. Developments are required to control and reduce
stormwater runoff volume; control total phosphorus and total suspended solids in stormwater
runoff; and control stormwater runoff flow rates initially through the use of "best management
practices," to the maximum extent practicable.
Best management practices (BMPs) include a broad range of strategies such as: narrowed street
widths, reduced or shared parking facilities, permeable pavements, rainwater gardens, and
cisterns. According to City Code §4.33, if the BMPs available at the time of development cannot
control, prevent, and minimize degradation of surface water, ponding shall be considered
acceptable. As provided by City Code §13.20, this development may be subject to cash
dedications in lieu of the above requirements, at the City's discretion.
x'3'1
Planning Report — June 23, 2009
Coventry Senior Living
Page 9
Therefore, in consideration of the above, the following City comprehensive stormwater
management requirements are relevant to this development proposal:
Volume control /reduction: The first one half -inch of runoff from any storm event shall be
infiltrated or retained on site. At its discretion, the City may modify or waive this
requirement, based on consideration of any of the following:
a. Soil borings indicate unsuitability for infiltration;
b. New infiltration of the equivalent runoff volume the applicant accomplishes
elsewhere within the same City sub - drainage district
c. The potential of groundwater contamination due to such variables as, but not limited
to, the following:
1) Geology that exposes aquifer vulnerability;
2) Land use that causes high pollutant and sediment levels in stormwater; or
d. Other circumstances that may affect feasible and prudent implementation of the
infiltration policy set forth in the Water Quality & Wetland Management Plan.
II. Total phosphorus (TP) control: TP loading shall be controlled as follows:
a. Stormwater runoff shall be treated to achieve no- net - increase of the predevelopment
TP load on an annual basis before discharge to natural water bodies.
III. Total suspended solids (TSS) control: TSS loading shall be controlled as follows:
a. Stormwater runoff shall be treated either to achieve no- net - increase of the
predevelopment TSS load on an annual basis before discharge to natural water
bodies.
IV. Runoff rate control: All stormwater facilities shall be designed, installed, and maintained
to accomplish the following:
a. Maintain pre - development peak runoff rates for the 50 %, 24 -hour storm event;
b. Maintain pre - development peak runoff rates for the 10 %, 24 -houre storm event. At a
minimum, the storm sewer system shall be designed for the 10 %, 24 -hour storm
event. Low areas must have an acceptable overland drainage route with the required
transfer capacity when the event is exceeded;
c. Maintain pre - development peak runoff rates for the 1%, 24 -hour storm event.
d. Where the City's stormwater management plan and its updates show lower rates for
the 50 %, 10 %, or I% events, this lower rate shall supersede the pre - development rate
control criteria.
Wetlands — This development would not be subject to City Code § 11.67, Wetland Protection and
Management Regulations, because there are no wetlands immediately on this parcel and there are
no proposed wetland alteration activities that would affect the wetland or wetland buffer to the
east of City Pond CP -2.1.
Utilities — Sanitary sewer and water main stubs of sufficient size and capacity are available for
connection from Hunt Drive.
Planning Report — June 23, 2009
Coventry Senior Living
Page 10
Streets/ Access/ Circulation — The development proposes one public street access onto Hunt
Drive, formerly 81st Street, to the south.
Pedestrian access to the site is provided via an existing trail along the north side of Hunt Drive.
Easements/ Permits/ Right -of -Way — The developer should dedicate drainage & utility easements
over all public storm sewer and ponds within the lot.
Tree Preservation — The subject property originally appeared before the Park Commission in
November 2003 and again at their meeting on March 17, 2008. There is no additional removal of
existing significant vegetation proposed with this application.
Existing on -site Tree Miti ag tion — Sixty -two Category B mitigation trees required through the
Terra Glenn application tree mitigation requirements had previously been installed on site in
2007. These trees are to be preserved or replaced throughout this application. The applicant has
submitted a Landscape Plan and project narrative that indicates the following:
• 22 trees will be removed and replaced with similar sized trees
• 23 trees will remain as is
• 3 trees will be relocated on site
• 12 trees are currently dead and/or missing and will be replaced
• 2 additional trees will be installed
• 36 new trees will be installed as per the plant list on page Ll.
Parks and Recreation — The Park Dedication for the entire Blue Cross parcel (including the
subject site) was satisfied through the dedication and development of what is now Skyhill Park.
No additional park dedication is required. This development shall be subject to a cash trails
dedication. The dedication is payable at the time of building permit at the rates then in effect.
Additional Information — The applicant held a neighborhood meeting on June 16, 2009, which
four individuals attended, including a representative from Blue Cross Blue Shield. A letter in
support of the application from BCBS is attached for your information.
SUMMARY /CONCLUSION
Coventry Senior Living is proposing to construct a 64 -unit senior living facility on 2.25 acres.
The applicant is requesting approval of a Comprehensive Guide Plan Amendment and Planned
Development Amendment to allow the change of use and increase in density.
(Q I
Planning Report — June 23, 2009
Coventry Senior Living
Paee 11
The proposed amendment will allow the introduction of high density residential in an area where
medium density residential was approved. Deviations include:
• Exceeding density allowed under R -4 zoning
• Building setback less than 50 feet from Yankee Doodle Road
• Building coverage greater than 20 percent
• Recreation area less than that required
• Parking stalls of a 9 -foot width
• Parking of less than two stalls per unit
Deviations from typical City Code requirements can be accommodated through the proposed PD
zoning. The applicant's narrative indicates that the proposed project is flexible in design to
allow for changes in response to the market and will serve a segment of the Eagan population
that currently has few options. The acceptability of the proposed Comprehensive Guide Plan
Amendment and Planned Development Amendment with deviations to typical City Code
standards is a policy matter to be determined by City officials.
Compliance with the City's tree preservation ordinance as well as water quality will be
confirmed at the time of building permit. Preliminary engineering plans (i.e. grading, drainage,
utilities, etc.) appear acceptable and all engineering matters will be addressed with the building
permit application for this project.
ACTION TO BE CONSIDERED
To recommend approval of a Comprehensive Land Use Plan Amendment to change the land
use designation from SA /MD (Special Area/ Medium Density), to SA/HD (Special Area/ High
Density) for a 64 unit senior living facility on 2.25 acres for property located at 1650 Hunt Drive,
legally described as Lots 1 and 2, Block 1, Terra Glenn 3rd Addition, in the NW '/4 of Section 16.
To recommend approval of a Planned Development Amendment to construct a 64 unit senior
living facility on 2.25 acres for property located at 1650 Hunt Drive, legally described as Lots 1
and 2, Block 1, Terra Glenn 3`d Addition, in the NW '/4 of Section 16. If approved the following
conditions shall apply:
An Amendment to the Planned Development Agreement shall be executed and recorded
with the Dakota County Recorder's office. The following exhibits are necessary for the
agreement:
a. Final Site Plan
b. Final Building Elevations
c. Final Tree Preservation Plan
d. Final Landscape Plan
e. Final Site Lighting Plan
2. The property shall be replatted into a single lot.
�
Planning Report — June 23, 2009
Coventry Senior Living
Page 12
The applicant shall petition the City separately for vacation of existing drainage and
utility easements.
4. A revised Landscape Plan shall be submitted to provide screening of the parking lot to
the south and to add foundation plantings to the rear of the building.
5. There shall be no additional removal of existing significant vegetation.
6. The applicant shall fulfill the previously required tree mitigation conditions through the
preservation and /or installation of sixty -two (62) Category B trees as follows:
a. 22 trees will be removed and replaced with similar sized trees,
b. 23 trees will remain as is,
c. 3 trees will be relocated on site,
d. 12 trees are currently dead and/or missing and will be replaced
e. 2 additional trees will be installed
f. 36 new trees (items 6a + 6d + 6e) will be installed as per the plant list on the
Landscape Plan received June 3, 2009.
7. The applicant shall protect the preserved significant woodland areas through the
placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot
polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter
of the Critical Root Zone, whichever is greater, of the 23 significant trees /woodlands to
be preserved on -site.
8. The applicant shall contact the City Forestry Division and set up a pre- construction site
inspection at least five days prior to the issuance of the grading permit to ensure
compliance with the approved Tree Preservation Plan and placement of the Tree
Protection Fencing.
9. The applicant shall dedicate drainage & utility easements over all public storm sewer and
ponds within the lot.
10. Detailed soils information and infiltration calculations for this proposed storm water
system shall be submitted for review and approval by the City Engineering Department
prior to building permit issuance.
11. The applicant shall enter into an agreement with the City, in a form acceptable to the City
Attorney, providing for all future maintenance of this storm sewer infiltration system by
the property owner.
12. The applicant shall submit a plan to meet water quality requirements prior to issuance of
the building permit.
13. All mechanical equipment shall be internal or screened from views from off the property
consistent with City zoning ordinances.
14. Trash storage shall be inside the building.
(Q3
Planning Report — June 23, 2009
Coventry Senior Living
PaRze 13
15. All site signage shall comply with City Code requirements.
16. The garage door shall be painted a similar color to match the building.
17. This development shall be subject to a cash trails dedication, payable at the time of
building permit at the rates then in effect.
18. Site Lighting shall not exceed one foot candle at the property line. All fixtures shall be
downcast and shielded to prevent glare. Pole— mounted fixtures shall not exceed 20 feet
in height.
19. Per City Code, 150 cubic square feet of storage space shall be provided per unit.
Current Zoning and Comprehensive Guide Plan Coventry Senior Living
Land Use Map Comprehensive Guide Plan Amendment
16-CO-02-05-09
Zoning Map
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Project Narrative
GOOK ���LG�/l2
The proposed project consists of 64 units. The concept behind our community is to better
serve the frail elderly. Currently, there is a lack of housing in Eagan for this
demographic. There are no nursing homes located in the community; seniors must look
to Apple Valley or Burnsville for this higher level of care.. Through this facility, we are
proposing to fill that need locally.
Our project is designed as a "small house" concept. This concept allows the frail elderly
to have fewer corridors and less travel distance from their home to their daily activities.
The common areas are laid out in the middle of each neighborhood to maximize the
resident interaction as well as resident/staff interaction.
It has been shown through studies conducted by Drs. Terry Lum and Rosalie Kane of the
University of Minnesota that these "small house" concepts promote a more intimate
setting for the resident (as well as for staff) and create very positive care outcomes for the
residents. The staff in our facility will be responsible for multiple chores throughout the
day, keeping them involved with the residents. Residents and families will have greater
choice and input into their daily care, e.g., made to order meals, escorts to the dining
room, etc.
The facility will have licensed nurses on site 24/7, allowing us to serve a much higher
acuity level than the traditional "assisted care facility ". Our goal is to provide a
continuum of care that allows the resident to age in place as their needs increase.
We are requesting the City to approve this project through your PUD process. As we will
explain throughout this narrative, we feel this project merits your consideration as a PUD.
We have spent a considerable amount of time and energy to design a concept that will
serve the community of Eagan for many years to come. The project is flexible in its
design and allows for changes in response to the market. With this concept, we are
proposing to serve a segment of the population that currently has few options, particularly
within the City. We ask that you keep an open mind as you consume the following
information.
R U 0 3 2009
��S
EXTERIOR DESIGN
In designing the exterior of the building, we paid close attention to the surrounding
neighborhood. Our goal was to complement the existing homes in the area. We
incorporated several residential aspects into our building, including the front entry porch,
dramatic overhangs, garage doors, shed dormers and bay windows. The exterior colors
of the building will be earth tone in design. The exterior finish materials, including
architectural shingles, brick and hardi - siding will enhance the details of the building. .
We lowered the building to two stories and added hipped roofs to further lower the roof
line and limit the impact on the surrounding neighborhood. By lowering the building to
two stories yet retain the required square footage, the building footprint does creep into
the required set back from Yankee Doodle Road necessitating a variance, We believe the
variance is justified as, with the existing set back from Yankee Doodle Road to the
property line at 65 feet and another 45 feet from our property line to the building, we are
still 100 feet away from the road, not encroaching onto the existing corridor of Yankee
Doodle Road nor any future expansion of the roadway. The granting of the variance
lessens the visual impact on the adjacent residential neighborhood.
INTERIOR DESIGN
On the inside of the building, we paid close attention to the "small house" concept. The
residential wings are each two -story with two 16 home neighborhood's on each floor.
This design creates small communities or neighborhoods, and allows for different levels
of care for either assisted living or memory care seniors in each neighborhood. Each 16
unit neighborhood is private and secure with 1 one bedroom, and 15 studio units
surrounding a central living space.
Each central living space consists of an intimate hearth room and living room, a dining
room, a den, and a kitchen as well as a balcony, a laundry room and storage areas. All
residents will share a secure yard.
A few shared amenities for the entire community are located in the central core area
common space, located between the individual housing neighborhoods. On the main
floor, residents and guests are greeted by a luxurious two -story Grand Lobby with its'
two story fireplace and main stair which creates a warm comfortable living room
atmosphere. The main entrance porch and vestibule, offices, public restrooms, and main
kitchen, are centrally located off of the Grand Lobby. A shared resident pick -up /drop -off
garage for Minnesota's cold winters is located off of the Grand Lobby.
Shared amenities located on the second floor include an activity room, a bathing room,
and a salon. An elevator is located in the central core area to handle traffic from all
communities. The mechanical equipment, the water and sprinkler system riser, the
elevator equipment, and other support areas for the building are located in the basement.
OPERATIONS
We are working with Ebenezer Management Services to be the operating manager of this
property. Since 1917, Ebenezer has worked to fulfill one mission —to help older, adults
and others make their lives more independent, healthful, meaningful and secure.
Ebenezer, through its partnership with Fairview Health Services, provides older adults
throughout Minnesota with access to a full range of housing options and community-
based programs and services. To view more information on Ebenezer and their programs,
please visit http:// www. fairviewebenezer.org/index,asp.,
SITE DESIGN
The 2.25 acre site allows for a large yard and green areas for new landscaping and the
existing trees. We have created a recreational area for the residents on the north side of
the building. In this area, there will be extensive plantings, areas for residents to have
small gardens and water features. The recreational area will be secured for resident
safety.
Our building design causes us to exceed the allowable hard - surface coverage on this
property. Again, we took into consideration the surrounding neighborhood and felt that a
two story building had less impact and fit into the area better than a three story building.,
Storm water will drain into an existing storm water retention pond located on the east
side of the site. Any additional runoff created by our development will be handled on site
with underground storage if necessary.
There are a total of 43 parking spaces provided for on the site, which consists of 42 open
spaces on the surface and one space in the shared garage. We believe this amount of
parking is more than adequate to handle the expected volume. Any parking by residents
would be minimal; we have set aside three stalls for residents. This will limit the parking
primarily to staff, deliveries and visitors. We have explored underground parking for the
project, but the additional costs to have underground parking beneath one of the
neighborhoods is $400,000 - $450,000. This is an extraordinary expense on the project
and one we hope not to incur. We have included a summary from EDI (a consultant with
extensive knowledge in this arena) explaining their research on the matter. In addition,
below is a chart for you to view showing our staff parking needs at peak hours:
Staff Parking Needs
1 Director 1 Cook
1 Marketing Coordinator 1 Server
1 Receptionist 1 Maintenance
1 RN 2 Housekeeper
1 LPN 7 Home health aides
17 Total stalls needed for operations at peak hours
SUMMARY
In addition to supplying a much needed service to the community, this project will create
upwards of'35 new jobs, which is something to consider when weighing the relative
benefits of the facility..
We thank you for your time and look forward to discussing this project with you in the
near future.
-79
Memo
To: Greg Johnson
Select Senior Living
From: Bob Van Slyke
Essential Decisions, Inc.
Date: May 29, 2009
Subject: Select Senior Living Eagan, MN. Project
Parking Review
Essential Decisions, Inc, is a firm which specializes in data collection and market
research analysis for senior housing clients. You have requested us to provide you with a
parking demand analysis for your Eagan project. It is our understanding the proposed
project would consist of 64 assisted living units.
Based upon data of other assisted living facilities, the parking demand can range from .52
to .42 based upon the availability of transportation services in close proximity to the site.
According to studies done by ITE (Institute of Transportation Engineers), their data
shows that assisted living facilities have a peak parking demand rate of .36, .30, and .34
per dwelling unit for weekday, Saturday and Sunday respectively. The average parking
demand rate is ..33, .24, and .28 per dwelling unit for weekday, Saturday and Sunday
respectively.
According to the ASHA (American Seniors Housing Association) study, vehicle
ownership at assisted living facilities is 0.05 vehicles per unit.. For 64 units, a minimum
of 3 parking stalls are needed for residents.
With a conservative approach, a minimum rate of ..60 parking stalls .per unit would be
more than adequate to serve the proposed development which equates to 39 spaces for the
proposed project (64units x .60 stalls per unit). This rate assumes the inclusion of
resident, employee, and visitor parking.
RECEIVED JUN 0 3 2009
Ps -79
MBW
Cohen Connors, 1 D
Senior vice President
Human Resotmes & facilities Services
Ohre Cross and blue Shield of Minnesota
1801) Yankee Doodle Road 1133
f anon, M14 55121 164,1
Phone! G51 662 1150
fax: 651 GG2,2O59
colleen cnnnrniObluecrnssnut com
June 17, 2009
Mr, Greg Johnson
Coventry Senior Living
12415 55'1' Street North
Lake Elmo, MN 55042
RECEIVED JUN 171009
Re: BCBSM, Inc. Preliminary Approval of Proposed Eagan Development
Dear W. _fohnson:
BCBSM, Inc., a Minnesota non -profit corporation, dba Blue Cross and Blue Silield of'Miruresota
( "BCBSM ") issues this letter to grant preliminary approval of certain aspects of the proposed
Coventry Senior Living development in Eagan, Minnesota per the terms of that certain Approval
Restrictive Covenant in favor of BCBSM ( "Covenant ") encumbering Lots 1 and 2, Block 1,
Terra Glen 3rd Addition, in Dakota County, Minnesota. Pursuant to the Covenant, BCBSM
hereby approves the following:
i) Number of lots /units equal to 64, as shown on (i) Site Plan on Sheet AI.1 dated
06/03/09 prepared by DBA Architects ( "DBA ") and (ii) Floor Plans on Sheets A2.2
and A2.3 dated 06103109 prepared by DBA;
ii) Layout of'streets, which do not alter existing public rights.-of-way (including without
limitation Hunt Drive), as shown on the Utility & Paving Plan on Sheet C2 dated
6/3/09 prepared by Clark Engineering Corporation ( "Clark ");
iii) Landscaping as shown on (i) Tree Preservation Plan dated 6/3/09 on. Sheet C4
prepared by Clark and (ii) Landscape Plan dated 6/3/09 on Sheet LI prepared by
Clark;
iv) Housing designs as shown on (i) undated Title Sheet A0.0 dated 68/09 prepared by
DBA and Clark and (ii) Elevations Sheets AM and A3.2 dated 06/03/09 prepared by
DBA;
v) Grading as shown on Grading & Erosion Control Plan Sheet CI dated 6/3/09
prepared by Clark; and
I ne Cross awl 111110 Shield of tdinnesora Is a nonprofit independent licensee of the Woo r ios5 dial Ilhma Shield Associatir.n
OWN
Coventry Senior hiving
.June 17, 2009
Page 2
vi) Stonnwater management as shown on Utility & Paving Plan on Sheet C2 dated
6/3/09 prepared by Clark, provided, however, BCBSM's approval of the storruwater
management plan assumes the proposed development's stomiNvater will (i) drain into
the pond to the east of the proposed development site and (ii) not adversely impact
BCBSM in any way.
BCBSM generally supports the proposed development. As aspects of the proposed development
change, BCBSM will need to be kept informed of such changes so that BCBSM can review such
changes and determine whether to issue its final approvals under the Covenant prior to the Eagan
City Council's approval of the development.
Sincerely,
Colleen Connors
Senior Vice President,
Human Resources & Pacilities Services
cc: Scott D. Johnston
Flank Fidler
,2-
W c
2653610 e02 06116/2009
Agenda Information Memo
April 20, 2010, Eagan City Council Meeting
B. CONDITIONAL USE PERMIT – WAGGING TAILS PET RESORT
ACTION TO BE CONSIDERED:
To modify a Conditional Use Permit approval to eliminate the sound attenuation requirement
for a full service animal care facility with overnight boarding and outdoor runs located at 3275
Sun Drive, legally described as Lot 1, Block 1, Tan Me Industrial Park 2nd Addition.
REQUIRED VOTE FOR APPROVAL: Majority of Quorum
FACTS:
➢ The subject property is zoned I -1 (Limited Industrial) which allows kennels via a CUP
(Conditional Use Permit).
➢ On December 1, 2009, the City Council granted approval of the Conditional Use Permit
and kennel license.
➢ A condition of approval included providing a canopy to occupy 20% of the outdoor area
to meet shade requirements and assist with sound attenuation. The canopy is required to
be constructed by May 1, 2010.
➢ The applicant has researched different canopies and found them to exceed $20,000 and
has requested that the condition be revised, to provide for shade only and not noise
attenuation. The applicant states that noise from the dogs has not been an issue.
➢ The applicant invites anyone to visit the site. The play times are 9am to Noon, nap time
is noon to 2pm, and the dogs are back out in play groups from 2pm to 5pm daily.
60 DAY AGENCY ACTION DEADLINE: N/A
ATTACHMENTS (3):
Location map on page_.
December 1, 2009 CC minutes on pages a�_ tlmnrgtr
Applicant e -mail request on pageR5—".
M101W
Eagan Boundary
Map
,,,,,,,of-way Location Map O Parcel Area
Park Aroa
Building Footprint
1000 0 1000 2000 Feel
DevelopmenVDeveloper: Wagging Tails Pet Resort
Application: Conditional Use Permit
Case No.: 08- CU- 12 -10 -09
N
THIS MAP IS INTENDED FOR REFERENCE USE ONLY w E
City of Ea jan The City of Eagan and Dakota County do not guarantee the accuracy of this information and are l
not responsible for errors or omissions. s
commun7ty Development Deportment
City Council Minutes
December 1, 2009
Page 4
NEW BUSINESS
CONDITIONAL USE PERMIT — WAGGING TAILS PET RESORT
City Administrator Hedges introduced this item regarding a conditional use permit to allow a full service
animal care facility with overnight boarding and outdoor runs to be located at 3275 Sun Drive. City
Planner Ridley gave a staff report.
The applicant discussed plans for the proposed kennel.
Five citizens representing three area businesses expressed their concern over the potential noise
generated by the kennel, the change in the character of the industrial park, and the potential devaluation
of their property.
Staff addressed the questions of the citizens.
Councilmember Bakken stated the concerns of the neighbors pertain to perception which is difficult to
quantify. He stated he supports noise mitigation efforts, however, the site is properly zoned for the use.
Mayor Maguire commented that this is a land use issue within an industrial park and certain expectations
of use come with property zoned for industrial uses.
The Mayor and Council held a lengthy and detailed discussion with staff and the applicant regarding
noise attenuation measures and specific conditions of approval for the proposed kennel.
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Conditional Use
Permit to allow a full service animal care facility with overnight boarding and outdoor runs located at 3275
Sun Drive, legally described as Lot 1, Block 1, Tan Me Industrial Park 2nd Addition, subject to the
following conditions : Aye: 5 Nay: 0
1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the
City Council.
2. The total number of animals, both daycare and boarded dogs, in the facility at one time shall not
exceed 95 and no more than 40 dogs shall be outside at any time between 8 a.m. — 5:00 p.m.
Monday through Friday except holidays. No dogs will be allowed in the outside fenced area
between noon and 1:00 p.m. Monday through Friday, except for holidays.
3. Staff hours of operation for boarded animals shall be 6:00 a.m. and 9:00 p.m. every day.
4. Customer service hours shall be 7:00 a.m. to 7:00 p.m. Monday through Friday, and 8:00 a.m. to
6:00 p.m. Saturday and Sunday.
5. Inspection by the Animal Control Officer shall occur prior to opening.
6. The applicant shall maintain a current kennel license.
7. The premises shall be open for inspection by the City and the City shall have the right to inspect
the premises.
8. All signage is subject to City Code requirements.
9. The perimeter of the outdoor play area shall be secured with a six -foot privacy fence per the Site
Plan received November 2, 2009. The landscape buffer along the outside perimeter of the fence
shall be enhanced and installed by May 1, 2010.
10. The applicant shall install a canopy to cover at least 20% of the outdoor play area, with the
capability of full coverage of the area. The canopy shall be designed and installed to reflect noise
back toward the building. The canopy shall be installed by May 1, 2010. If the City Animal Control
Officer determines that there is excessive noise generated from the outdoor plan area, the City
Council shall determine whether noise absorbing sound panels need to be installed by the
applicant. The failure of the applicant to install the panels, if so required by the Council, shall be
cause for revocation of the Conditional Use Permit.
11. The designated bathroom area for the animals shall be cleaned daily.
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Kennel License for
Wagging Tails, Inc. located at 3275 Sun Drive. Aye: 5 Nay: 0
Sarah Thomas
Subject: FW: Canopy
From: Keith Olson [mailto:ifrivervalley @aol.com]
Sent: Tuesday, March 30, 2010 3:22 PM
To: Sarah Thomas
Subject: Canopy
Sara,
As per our phone conversation today, the $20,000+ canopy as required by our recent CUP will put undue
hardship on the finances of our new start up business at Wagging Tails Pet Resort in Eagan. We would
ask instead, is that the city of Eagan would allow us to substitute 3 large umbrellas that would provide
minimum of 20% shade to our outdoor play areas. I believe the canopy as described in our CUP was only
talked about for noise reduction. With 30+ dogs in our resort everyday for the past two weeks, with the
dogs spending 90% of their time inside, we have not had and do not allowed excessive barking, inside or
outside our building. As we talked about at City Council meeting 12 -1 -09, we will continue to monitor
barking and take all appropriate steps to cut down barking to a minimum and do our best to remain a
good neighbor to our business neighbors on Sun Drive, Eagan.
Please feel free to visit our location to see for yourself!
Thank you for your consideration in this matter.
Keith Olson
Wagging Tails Pet Resort
612- 369 -2912
Agenda Information Memo
April 20, 2010, Eagan City Council Meeting
VII. NEW BUSINESS
A. INTERIM USE PERMIT — BUILDING MATERIALS OUTLET
ACTION TO BE CONSIDERED:
To approve (OR direct findings of fact for denial) an Interim Use Permit extension to allow
outside storage of trailers and building materials upon a 6.2 -acre site located at 2795 Hwy. 55,
subject to the conditions listed in the APC minutes.
REQUIRED VOTE FOR APPROVAL: At least three votes
FACTS:
➢ The property is unplatted and contains a 117,000 sq. ft. warehouse building which was
constructed in 1964. A rail spur runs along the south and west sides of the property.
➢ Building Materials Outlet has occupied this site since 2002.
➢ Based on a complaint, a zoning enforcement action was started in 2007 and ultimately an
Interim Use Permit (IUP) for outdoor storage was approved for a three year term.
➢ The existing IUP expires on June 30, 2010; the permit provided for outdoor storage of up
to 13 trailers and building materials located to the south, east and west of the building.
➢ The applicant proposes to remain on the property with a new three year lease. The IUP is
proposed for an additional three year term.
➢ Per the 2007 IUP approval, the applicant added a wood fence to the existing chain link
fence to provide screening and also planted three raised gardens.
➢ Because the site was developed in the 1960s, it does not meet many current zoning
standards and substantial improvements would be required to fully comply with
landscaping, screening, surfacing, green space, and storm drainage requirements. For
example, current Code requires a minimum of 25% green space; however, only 2% of the
site is considered green space which includes the raised gardens.
➢ The Applicant contends that it does not
extensive site improvements such as curb
temporary nature of the IUP. As such, n
proposed.
make economic sense to undertake more
and gutter and storm sewer due to the
o additional improvements to the site are
➢ The Advisory Planning Commission held a public hearing on March 23, 2010, which
resulted in a tie vote (3 ayes /3 nays).
ISSUES:
➢ The motion to approve the request included a condition requiring all outdoor
parking /storage areas to be surfaced with bituminous asphalt, and the addition of concrete
curb & gutter and storm sewer to assist with drainage.
➢ The APC members voting against the request stated the proposal was not in keeping with
the spirit of the existing three -year Interim Use.
60 DAY STATUS: June 16, 2010
ATTACHMENTS (5):
Location map on page Cie')
Draft March 23, 2010 APC minutes on pages through
Staff report on pages through II_.
Letter from Applicant on ages l) through
Letter from Property Owner on pages throug
0
Eagan Boundary
Right -of -way
Location Map Park Area Park Area
Building Footprint
C
o n 0
O
Development/Developer:
Application:
Case No.:
1000 0 1000 2000 Feet
Building Materials Outlet
Interim Use Permit
02- IN- 03 -02 -10
<3 iC N
THIS MAP IS INTENDED FOR REFERENCE USE ONLY w E
City of Eap The City of Eagan and Dakota County do not guarantee the accuracy of this information and are
not responsible for errors or omissions. s
CommunW Developmont Deportment
Advisory Planning Commission
March 23, 2010
Page 4 of 7
B. Building Materials Outlet
Applicant Name: Building Materials Outlet MN, Inc
Location: 2795 Highway 55;
Application: Interim Use Permit
An Interim Use Permit to allow outdoor storage.
File Number: 02- IN- 03 -02 -10
Planner Thomas introduced this item and highlighted the information presented in the City Staff
report dated March 18, 2010. She noted the background and history. She explained that
Condition Number 11 is not necessary due to the height of the fence;.. being 6 feet.
Members Heaney and Piper abstained from voting on this item.
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.
There was discussion regarding the use of bituminous surfacing on the property. City Engineer
Russ Matthys explained that the site is flat from a drainage perspective. He stated there is a six
foot drop and less than a 1 % slope on the property, making drainage on the site challenging
under the existing conditions. While a concrete surface would be best, a bituminous surface
with curb and gutter would help the current situation.
Member Supina stated preference for Condition Number 12A.
Member Keeley moved, Member Supina seconded a motion to recommend approval of Interim
Use Permit to allow outside storage of trailers and building materials upon a 6.2 -acre site
located at 2795 Hwy. 55, subject to the following conditions:
1. The permit shall terminate upon the earlier of either cease of use or three years from the
date of City Council approval.
2. The Interim Use Permit shall be recorded within 60 days of its approval by the City Council.
3. The Interim Use Permit shall be subject to an annual administrative review. The purpose of
such review shall be to determine that the conditions of the permit are within compliance.
The Interim Use Permit may be revoked for failure to comply with any condition of the permit
following notice of the noncompliance and a hearing by the City Council with all interested
parties being given an opportunity to be heard.
4. Retail sales are prohibited.
5. The applicant shall immediately remove all outdoor storage on the adjacent property.
6. The applicant shall submit a revised and more detailed Site Plan showing where and how
additional green space will be established, and identifying parking stalls and dimensions.
7. All outside storage shall be contained within the subject parcel, and limited to the areas
specified on the modified staff Site Plan dated March 17, 2010.
8. The outside storage of trailers and building materials is limited to the number and location as
shown on the modified staff Site Plan dated March 17, 2010.
9. All trailers shall be located within the designated trailer storage area shown on the modified
staff Site Plan dated March 17, 2010. A maximum of 13 trailers may be stored within this
area.
Advisory Planning Commission
March 23, 2010
Page 6 of 7
Members Heaney and Piper abstained from voting on this item.
Reasons for denial were stated to be because the spirit of the existing Interim Use Permit is not
honored in the proposed Interim Use Permit with regards to a three year term and
redevelopment.
9D
Advisory Planning Commission
March 23, 2010
Page 5 of 7
10. Required setbacks shall be delineated and outdoor storage items shall be moved back from
property lines to establish setbacks and yard areas as required by City Code.
. ' tiGRG within 60 days of i6suaRGe of this peFmit.
12. (A) All outdoor parking /storage areas shall be surfaced with bituminous asphalt. And:
i. The Applicant shall obtain a grading permit from the City prior to the construction
of the proposed outdoor storage areas. Detailed plans for this grading work shall
be prepared and signed by a registered professional engineer.
ii. The Applicant shall be responsible for installing and maintaining erosion control
measures in accordance with City engineering standards. The development is
also subject to the City's land disturbance and erosion control regulations.
iii. All outdoor parking/ storage areas shall be constructed with perimeter concrete
curb & gutter and underground piped storm sewer system.
OR
areas. if reGyGled asphalt aggFegate is used foF the eutdeeF steFage aFeas, the site well be
bitwmiRGU6 asphalt. And:
of the pmpered outdoer steFage- arens Detn"ad ml-ns feF this grading work shall
measures iR aGGGFdaRce with City eR9iReeFing rstandard& The development is
13. All parking and storage areas shall be properly maintained to prevent deterioration.
14. No hazardous materials shall be stored on the property.
15. A minimum 20' emergency access aisle shall be designated and maintained on the south
and west sides of the building, and a'24' drive aisle shall be maintained through the parking
and storage area along the east side the building.
16. A detailed Landscape ``« Plan prepared by a registered landscape architect shall be submitted
for review and approval by City staff to include landscaping of perimeter yard setback areas,
parking, lot islands and for screening purposes. As required by City Code, all landscaped
areas shall be served by automatic irrigation. Landscaping shall be installed by October 31,
2010.
17. All signage shall meet City Code standards and be brought into compliance within 30 days
following approval.
18. The applicant shall provide public street easement across the BMO property (2795 Highway
55, Parcel 10- 53320 - 071 -00) from Highway 55 to Beverly Drive, in a form acceptable to the
City Attorney and in a configuration acceptable to the City Engineer.
Member Dugan questioned if staff verified that the lease for BMO was in place.
City Attorney Bauer stated that the action item is not regarding the lease, but the land use.
A vote was taken.
Aye: Members Keeley, Filipi, and Supina.
Nay: Chair Chavez, and Members Daley and Dugan.
Motion tied 3 -3.
Ct I
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: March 18, 2010
APPLICANT: Building Materials Outlet MN Inc
PROPERTY OWNER: Iret Properties
REQUEST: Interim Use Permit
LOCATION: 2795 Hwy. 55
COMPREHENSIVE PLAN: IND, Limited Industrial
ZONING: I -1, Limited Industrial
SUMMARY OF REQUEST
CASE: 02- IN- 03 -02 -10
HEARING DATE: March 23, 2010
APPLICATION DATE: Feb. 16, 2010
PREPARED BY: Sarah Thomas
The applicant is requesting approval of an Interim Use Permit to allow outside storage of
trailers and building materials upon a 6.2 -acre site located at 2795 Hwy. 55.
AUTHORITY FOR REVIEW
Interim Use Permit:
City Code Chapter 11, Section 11.50 Subdivision 6C states: The Council may issue interim use
permits for an interim use of property if:
1. The use is deemed to be temporary in light of the Comprehensive Guide Plan designation
for the property site on which the use is located and the use conforms to the bulk and
performance standards of the zoning regulations herein;
2. The date or event that will terminate the use can be identified with certainty;
3. Permission of the use will not impose additional costs on the public if it is necessary for
the public to take the property in the future; and
4. The user agrees to any conditions that the Council deems appropriate for permission of
the use; and
5. The use meets the standards set forth in the zoning regulations herein governing
conditional use permits.
Planning Report — Building Materials Outlet (IUP)
March 23, 2010
Page 2
6. The city determines that the property is in compliance with City Code.
Conditional Use Permit:
City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following.
Subdivision 4C states that the Planning Commission shall recommend a conditional use permit
and the Council shall issue such conditional use permits only if it finds that such use at the
proposed location:
1. Will not be detrimental to or endanger the public health, safety, or general welfare of the
neighborhood or the City.
2. Will be harmonious with the general and applicable specific objectives of the
Comprehensive Plan and City Code provisions.
3. Will be designed, constructed, operated and maintained so as to be compatible in
appearance with the existing or intended character of the general vicinity and will not
change the essential character of that area, nor substantially diminish or impair property
values within the neighborhood.
4. Will be served adequately by essential public facilities and services, including streets,
police and fire protection, drainage structures, refuse disposal, water and sewer systems
and schools.
5. Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be hazardous or detrimental to any persons, property or the general
welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors.
6. Will have vehicular ingress and egress to the property which does not create traffic
congestion or interfere with traffic on surrounding public streets.
7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
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
q3
Planning Report — Building Materials Outlet ([UP)
March 23, 2010
Pap-e 3
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.
BACKGROUNDIHISTORY
The property is unplatted and contains a 117,000 sq. ft. warehouse building which was
constructed in 1964. A rail spur runs along the south and west sides of the property. In 2002 the
City adopted a Tax Increment Financing District both north and south of this stretch of Hwy. 55,
including this property. Much of the north side of Hwy. 55 has been developed with the Grand
Oak and Spectrum business parks. Redevelopment on the south side of Hwy. 55 has not yet
materialized; however, a new warehouse building was constructed in 2007 to the east of the
subject parcel.
Based on a complaint, a zoning enforcement action was started in 2007. Enforcement was
withheld due to the expectation of redevelopment. Because the opportunity for redevelopment
with TIF assistance has expired, the property must be brought into compliance with I -1 zoning
requirements.
In June, 2007, the applicant submitted a request for a Conditional Use Permit to allow the outside
storage in response to the zoning enforcement effort. Ultimately, an Interim Use Permit was
approved in 2007 for a three year term. Storage was approved to the east, south and west of the
building, so long as a 20 -foot emergency access aisle was maintained.
EXISTING CONDITIONS
Access to the site is provided from Hwy. 55 to the north. Railroad tracks run along the south side
of the property, with a rail spur extending into the site along the west side of the building. The
building is connected to the adjacent building by a 30 -foot corridor at the front of the two
buildings. This corridor also has an overhead door on the north side.
There are currently several trailers and
miscellaneous building materials being stored
outside on the property and on the adjacent
property. Upon a site inspection, there were
more than the approved 13 trailers and the
additional trailers were not located per the
approved Site Plan.
The building materials are stored on the south,
east and west sides of the building. The type
and amount of items stored outside vary as
Building Materials Outlet serves as a
liquidator for other building materials
suppliers.
4�
Planning Report — Building Materials Outlet (IUP)
March 23, 2010
Page 4
The northerly portion of the site is surfaced with bituminous; however, the area lacks curb and
gutter and is in a state of disrepair; parking spaces and driving aisles are not identified or
delineated in any way — either with paint or curbing, medians or islands. The proposed outdoor
storage area is gravel and there is little landscaping or green space. A condition of the 2007 IUP
required a landscape plan be submitted. A portion of the landscape plan has been implemented;
(7 arborvitae) however, it does not appear as though the entire landscape plan has been installed,
as approved by City Staff. It appears that the existing storage does meet required setbacks from
surrounding properties, except the west property line, as the outdoor storage encroaches upon and
is located on the adjacent parcel to the west. This parcel does not have approval for outdoor
storage and the outdoor storage must be removed.
There is a chain link fence along the south, west and
eastern boundaries of the site, enclosing the outdoor
storage yard. A wood fence has been added to the
chain link around the eastern perimeter and entrance
to the storage yard. The applicant should obtain a
building permit for this fence to provide for review of
wind load and safety.
SURROUNDING USES
The following existing uses, zoning, and comprehensive guide plan designations surround the
subject property:
EVALUATION OF REQUEST
Description of Proposal — According to the applicant's narrative, Building Materials Outlet is "a
family -owned business ... that has been in operation for over 40 years." They "sell building
materials to contractors at wholesale prices, including many bulk sales to contractors. Because
much of the inventory is purchased and sold in bulk, some of the products need to be stored
outdoors." Examples of items typically stored outside include lumber, shingles, marble [counter]
tops, granite slabs and decking materials.
Building Materials Outlet (BMO) has operated at this location since 2002 and the applicant's
narrative states that, "When IRET purchased the property, it was under BMO's understanding
that the new owners were going to redevelop the property, therefore the expiration of the IUP
was not a concern. However due to the current economic conditions it appears that IRET is not
0
Existing Use
Zoning
Land Use Designation
North
Hwy. 55 /Office
BP, Business Park
SA, Special Area
West
Industrial
I -1, Limited Industrial
IND, Limited Industrial
East
Industrial
I -1, Limited Industrial
IND, Limited Industrial
South
Railroad /industrial
I -1, Limited Industrial
IND, Limited Industrial
EVALUATION OF REQUEST
Description of Proposal — According to the applicant's narrative, Building Materials Outlet is "a
family -owned business ... that has been in operation for over 40 years." They "sell building
materials to contractors at wholesale prices, including many bulk sales to contractors. Because
much of the inventory is purchased and sold in bulk, some of the products need to be stored
outdoors." Examples of items typically stored outside include lumber, shingles, marble [counter]
tops, granite slabs and decking materials.
Building Materials Outlet (BMO) has operated at this location since 2002 and the applicant's
narrative states that, "When IRET purchased the property, it was under BMO's understanding
that the new owners were going to redevelop the property, therefore the expiration of the IUP
was not a concern. However due to the current economic conditions it appears that IRET is not
0
Planning Report — Building Materials Outlet (IUP)
March 23, 2010
Page 5
going to be redeveloping as soon as anticipated. Therefore, this has allowed BMO and IRET to
discuss a possible lease extension." The applicant proposes a 3 year IUP extension to coincide
with the lease extension.
Use of the property as a warehouse and for wholesale sales is permitted; however, the proposed
outdoor storage is not. The applicant is requesting an Interim Use Permit to maintain the existing
outdoor storage, and is not seeking to expand the scope of the existing outdoor storage; however,
the submitted Site Plan does not identify outdoor storage to the south or west of the building.
Staff has modified the proposed Site Plan to include these areas which were approved with the
2007 IUP. In addition, while the business is primarily wholesale, retail sales to the general public
do occur; retail sales are not permitted in the I -1 zoning district.
Term — As previously noted, the Interim Use Permit is being proposed to coincide with the
duration of a new lease for the applicant at this site. The applicant has not provided their
intention once the renewed lease expires; however, in 2007, the applicant stated it would be their
intent to relocate from the site when the 3 year lease expired.
Retail Sales — As part of the review of the initial IUP in 2007, discussion of retail sales occurred.
The I -1 zoning district permits "warehousing, wholesaling and related sales and showrooms."
The applicant had explained that the occasional retail sales that do occur with their business are
consistent with the intent of the City Zoning Code and the referenced "related sales." Further,
the applicant had stated that while BMO is in the wholesaling business and the majority of sales
are to contractors, they contend that the occasional retail sales that do occur "are related [to their
wholesale business] because they are the same goods that are usually sold wholesale." The
applicant also contended that prior occupants of the site conducted retail sales from the 1960s
through 2007.
Compatibility with Surrounding Area — The subject site and area south of Hwy. 55 is zoned I -1,
Limited Industrial and developed with industrial type uses. The property to the east was
developed in 2007 with a 218,000 SF office /distribution building.
The area along the north side of Hwy. 55 is zoned BP, Business Park. That area has experienced
redevelopment over the last decade including the construction of the Spectrum office building
and multiple Grand Oak Business Park buildings. While the subject site is zoned I -1 and outdoor
storage is allowed as a Conditional Use in the I -1 zoning district, outside storage is not permitted
in the BP zoning district.
Site Plan — The proposed outdoor storage areas are located to the south, east and west of the
building. The applicant proposes to continue storing up to 13 cargo trailers adjacent to the east
side of the building. Storage of building materials is proposed to remain south, east and west of
the building. Based on site visits, the proposed storage area extends onto the adjacent parcel to
the west. While that property is in the same ownership as the subject site, all outside storage
should be contained within the subject parcel and as shown on the staff modified Site Plan.
y�
Planning Report — Building Materials Outlet (IUP)
March 23, 2010
Page 6
Trash containers, both dumpsters and roll -off containers currently are not enclosed. In lieu of
constructing an enclosure for the trash containers, the applicant has located them to the west side
of the building which effectively screens the trash containers from three sides. The acceptability
of this proposed trash storage location in lieu of an enclosure was approved with the 2007 IUP.
Outdoor Storage — The ordinance standards for outside storage are outlined below.
1. Outdoor storage items shall be placed within an enclosure as necessary to achieve
appropriate security and containment or for public safety reasons when determined
necessary by the city. In limited industrial (I - -1) and general industrial (I - -2) zoning districts,
the enclosure may be detached from the principal building.
The existing storage area for building materials is enclosed by a chain link fence (with
portions overlaid with wood) that is gated and secure.
The existing trailer storage area is outside of the fence, and is not enclosed. The trailer
storage area remains unenclosed "because the trailers are already secure (they are locked),
and the appearance of the trailers is very similar to the trailer storage on surrounding
properties (which are not screened)."
2. The storage area shall be located in the side or rear yards and shall not encroach into any
required front building setback area or other required setbacks.
The proposed storage areas are in the side and rear yards; however, the storage extends onto
the adjacent property. Required setbacks should be delineated from the west property line
and outdoor storage items should be removed from the adjacent property and moved back
from property lines to establish setbacks and yard areas as required by City Code.
3. The outdoor storage area shall be screened from view from the public right -of -way and from
any adjacent property which is designated for residential uses in the comprehensive guide
plan.
The adjacent area to the north is zoned and guided for Business Park use; other adjacent
properties are zoned I -1. There are no residential properties in the area surrounding the
subject site. City Code does require screening from the public right -of -way. This site is in a
highly visible location along a state highway and adjacent to an office park where outdoor
storage is not permitted. The 8' wood fence that was added as a condition of the 2007 IUP
provides screening from Hwy. 55 to the north and east; however, a building permit is
required for fences exceeding 6' in height and none has been issued for this new fence. The
applicant should obtain a building permit and complete the required inspections.
The proposed trailer storage area is outside the fence and is not proposed to be screened by
the modified fence (see #1 above regarding enclosure of the trailers).
q7
Planning Report — Building Materials Outlet (IUP)
March 23, 2010
Page 7
4. The storage area shall not interfere with any pedestrian or vehicular movement.
The area of the site south, east and west of the building is currently used only for storage.
The outdoor storage is better delineated at the present time than it was in 2007, although, the
areas behind the building appear unorganized and haphazard. It appears that pedestrian
activity within the fenced outdoor storage area is limited; however, more pedestrian traffic
exists near the trailer storage and vehicle parking area. Without clear definition to separate
vehicle and pedestrian movement and define traffic patterns within the site, safety is
compromised.
In addition, emergency vehicle access should be maintained around the building. The Fire
Marshal has indicated a site visit identified that storage was encroaching upon the required
fire lanes. A minimum 20' wide driving aisle is necessary to accommodate emergency
vehicles. While 20' is sufficient for emergency access, maintaining full circulation
throughout the site would warrant a two -way drive aisle 24' wide, particularly with the
amount of truck activity through the site. A minimum 20' drive aisle should be designated
and maintained around all sides of the building, and a 24' drive aisle should be maintained
through the parking and storage area along the east side of the building .
5. The storage area shall not take up required parking spaces or landscaping areas.
No required parking, landscaping or other vegetation is proposed to be removed to
accommodate the proposed storage area. The parking lot in front of the building encroaches
into the Hwy. 55 right -of -way. The parking areas in front and to the east of the building are
paved, but lack curb and gutter and the pavement is in disrepair. Vehicle parking of 126
stalls is required for the 116,800 sq. ft. warehouse building.
City Code requires a minimum of 25% green space. The property is mostly covered with
hard surface, either building or compacted gravel /dirt and some asphalt, which does not allow
water to permeate the soil and is not considered green space. Existing green space consists of
a 30' lawn with a few trees in front of the building and a 12' x 40' planter at the front
entrance to the property. While this property was developed long before the green space
ordinance was adopted, it is appropriate with this request and associated site improvements to
require increased green space on the site. The establishment of required setbacks and yard
areas will achieve some increased green space. While screening is not required from
industrial properties, landscaping within the required side setback area can create a visual and
physical separation between the sites. Additional green space can be accomplished with the
creation of parking lot islands, which will also help define spaces and direct the flow of
traffic, both vehicular and pedestrian. As previously mentioned, this site should have 126
constructed parking stalls and parking lots consisting of more than 50 stalls are required to
have 5% of their space in landscaped islands.
The applicant should submit a revised and more detailed Site Plan showing where and how
additional green space will be established, and identifying parking stalls and dimensions.
/&j
Planning Report — Building Materials Outlet (IUP)
March 23, 2010
Page 8
6. The storage area shall be surfaced with concrete or an approved equivalent to control dust
and erosion. The surface shall be properly maintained to prevent deterioration.
A portion of the existing parking and storage areas are paved with blacktop surfacing;
however, the blacktop is in poor condition. The remaining parking and storage areas have
minimal gravel surfaces that have not been well- maintained, even since the interim use
permit was granted in 2007, and some areas are not surfaced with any material. The result of
this is a parking and storage yard that is in severe disrepair. The applicant proposes the
outdoor storage surfaces to remain in the current surfacing condition, as was provided in the
2007 interim use permit.
City code requires that all outdoor parking /storage areas should be surfaced with bituminous
asphalt, and constructed with perimeter concrete curb, gutter and storm sewer to control dust
and drainage, and that the surface shall be properly maintained to prevent deterioration.
Bituminous asphalt is the most - widely -used surfacing material to accomplish this
requirement and is required for off - street parking and storage areas.. There are a number of
outdoor storage lots within the City that have been allowed to use recycled bituminous
aggregate surfacing for outside storage areas, generally under interim use permits. If recycled
bituminous aggregate is used, such periodic review should be a condition of approval. If,
upon review, the recycled bituminous aggregate surface is determined to be inadequate, the
City will require the storage lot to be resurfaced with bituminous asphalt.
When the applicant originally applied for the' IUP in 2007, the narrative stated, "Neither
Building Materials Outlet nor Cheney (the owner at the time) think it would be reasonable to
undertake more extensive surfacing with perimeter concrete curb and gutter, underground
piped storm sewer system and additional erosion control measures at this time.... and that it
does not make economic sense to incur that expense with less than three years remaining on
the lease." Now the applicant is asking for an extension of the IUP and staff suggests that
these standards be considered. These suggested improvements to the outdoor storage area are
a policy matter to be determined by City officials under this Interim Use Permit proposal.
If the upgrade of outdoor storage areas is required under this permit, the applicant should
obtain a grading permit from the City prior to the reconstruction of the outdoor parking/
storage areas. The applicant should be responsible for installing and maintaining erosion
control measures in accordance with City engineering and code standards. The development
is also subject to the City's land disturbance and erosion control regulations.
Landscaping — Current landscaping consists of a 30'
lawn with three trees in front of the building and a
12' x 40' raised garden north of the trailer parking.
Two additional rock gardens were created, one
surrounding the parking lot light and the other
adjacent to the east side of the building. It does not
Planning Report — Building Materials Outlet (IUP)
March 23, 2010
Pap-e 9
appear that any plantings are located in these rock beds.
As part of the 2007 IUP approval a landscape plan was submitted and approved by City staff to
add the 600 SF garden. The landscape plan shows that the garden consists of 7 arborvitae,
ornamental grasses and perennials and is bordered with accent boulders. Due to seasonal
weather conditions, the status of the garden is unknown, other than, the arborvitae appear to be in
a healthy state. Upon a post snow melt visit, silt from the raised garden was spilling out onto the
parking lot area, but with the amount of dirt, gravel and water from the snow melt, it was
difficult to decipher the garden area from the parking area.
It was determined with the 2007 IUP that the raised garden would assist with meeting landscape
requirements. However, the garden does not screen the trailers and additional pervious surfaces
were not added to the site. Since the applicant is requesting an extension of this interim use, it
may be reasonable that additional improvements be required. Landscaping of perimeter yard
setback areas, parking lot islands and for screening purposes should be established on the site.
In 2007, the applicant stated that "In connection with the development taking place on Dart's
property to the east, it is anticipated that there will be new landscaping installed between the two
properties, a portion of which will be located on [this] property." The Applicant must meet
landscape requirements on the subject site, and not rely on landscape improvements on adjacent
property for screening or green space. A Landscape Plan should be submitted for review and
approval by City staff showing additional landscaping to be added to the site. Such landscaping
improvements shall be installed by October 31, 2010.
Storm Drainage — A private storm sewer pipe system should be constructed for the
parking /storage areas to provide storm drainage to the public storm sewer system. With the 2007
IUP approval, it was anticipated that the existing overland drainage would be sufficient to
accommodate storm water runoff. Because the current method of overland drainage is not
conveying storm runoff adequately, a new storm sewer system should be constructed.
The requirement of providing a storm sewer system for the outdoor storage areas is a matter to be
determined by City officials under this interim use permit proposal. The construction of storm
sewer was not a condition of approval under the previous interim use permit.
Utilities — No new connections to the public water and sewer systems are proposed with this
application.
Access — Public street access is available from existing driveways onto Highway 55 to the east.
The City's Highway 55 Access Management Plan (approved 1999) shows a public frontage road
to be constructed along the south side of Highway 55 along this entire property and several
nearby properties, and that a full access would remain onto Highway 55 at its current location.
With the adjacent Dart Building development (2811 Beverly Drive) in 2007, a portion of the
frontage road (Beverly Drive) was constructed. However, because the Dart property does not
physically connect to the access point on Highway 55, a public street easement is needed across
the Building Materials Outlet property, in order for the City to assume maintenance of Beverly
•I
Planning Report — Building Materials Outlet (IUP)
March 23, 2010
Pate 10
Drive. The applicant should provide a public street easement across the BMO property (2795
Highway 55, Parcel 10- 53320- 071 -00) from Highway 55 to Beverly Drive, in a form acceptable
to the City Attorney and in a configuration acceptable to the City Engineer.
Tree Preservation — There are no trees impacted by this proposal.
Si_ gnage — There are informational signs on the building and fence and freestanding on the site.
These signs provide directional and safety information for the operation of the site. City Code
limits informational signs to 16 sq. ft. in area, and all signs must be "constructed and erected in a
good and workmanlike manner ... in accordance with all reasonable standards employed by
professional signmakers." Signs not meeting these standards should be replaced with signs that
do comply with City Sign Code requirements. All signs should be brought into compliance
within 30 days following approval.
SUMMARY /CONCLUSION
The applicant is requesting approval of a three year extension to their Interim Use Permit to
allow outside storage of trailers and building materials upon a 6.2 -acre site located at 2795 Hwy.
55. The property is within a TIF redevelopment district, but redevelopment has not yet occurred
and the opportunity to utilize TIF has expired. Without imminent redevelopment, the use of the
property and improvements to the site should be brought into compliance with City Code
standards.
Because the site was developed in the 1960s, it does not meet many current zoning standards.
Substantial improvements will be required to fully comply with landscaping, screening,
surfacing, green space, and storm drainage requirements. The Applicant has made some
improvements since the original IUP was granted, such as adding a 600 SF raised garden and
wood to the chain link fence to provide screening. However, the Applicant has stated that it does
not make economic sense to undertake more extensive site improvements such as curb and gutter
and storm sewer due to the temporary nature of the IUP. The acceptability of the proposed level
of site improvements is a policy matter to be determined by City officials.
The outdoor storage yard contains a variety of building materials as the inventory varies
throughout the year. The applicant has provided examples of items typically stored outside and
those include, but are not limited to, lumber, shingles, marble counter tops, granite slabs and
decking materials. Trailer storage is identified to occur adjacent to the east side of the building,
and up to 13 trailers. Outdoor storage should be limited to the south, east and west sides of the
building and setbacks from the west property line should be maintained. The outdoor storage
located on the property to the west should be removed. While screening is not required from
other industrial properties, landscaping should be added within the required 5' side setback area
to create a visual and physical separation between the sites.
The storage area is shown on the modified staff Site Plan as it was approved with the 2007 IUP.
/6l
Planning Report — Building Materials Outlet (IUP)
March 23, 2010
Paae 11
To recommend approval of an Interim Use Permit to allow outside storage of trailers and
building materials upon a 6.2 -acre site located at 2795 Hwy. 55. If approved, the following
conditions shall apply:
1. The permit shall terminate upon the earlier of either cease of use or three years from the date
of City Council approval.
2. The Interim Use Permit shall be recorded within 60 days of its approval by the City Council.
3. The Interim Use Permit shall be subject to an annual administrative review. The purpose of
such review shall be to determine that the conditions of the permit are within compliance.
The Interim Use Permit may be revoked for failure to comply with any condition of the
permit following notice of the noncompliance and a hearing by the City Council with all
interested parties being given an opportunity to be heard.
4. Retail sales are prohibited.
5. The applicant shall immediately remove all outdoor storage on the adjacent property.
6. The applicant shall submit a revised and more detailed Site Plan showing where and how
additional green space will be established, and identifying parking stalls and dimensions.
7. All outside storage shall be contained within the subject parcel, and limited to the areas
specified on the modified staff Site Plan dated March 17, 2010,
8. The outside storage of trailers and building materials is limited to the number and location as
shown on the modified staff Site Plan dated March 17, 2010.
9. All trailers shall be located within the designated trailer storage area shown on the modified
staff Site Plan dated March 17, 2010. A maximum of 13 trailers may be stored within this
area.
10. Required setbacks shall be delineated and outdoor storage items shall be moved back from
property lines to establish setbacks and yard areas as required by City Code.
11. The applicant shall obtain a building permit for the 8' fence and complete required
inspections within 60 days of issuance of this permit.
12. (A) All outdoor parking /storage areas shall be surfaced with bituminous asphalt. And:
i. The Applicant shall obtain a grading permit from the City prior to the construction
of the proposed outdoor storage areas. Detailed plans for this grading work shall
be prepared and signed by a registered professional engineer.
0-
Planning Report — Building Materials Outlet (IUP)
March 23, 2010
Page 12
ii. The Applicant shall be responsible for installing and maintaining erosion control
measures in accordance with City engineering standards. The development is also
subject to the City's land disturbance and erosion control regulations.
iii. All outdoor parking/ storage areas shall be constructed with perimeter concrete
curb & gutter and underground piped storm sewer system.
OR
12. (B) Recycled asphalt aggregate shall be used for the gravel portions of the outdoor storage
areas. If recycled asphalt aggregate is used for the outdoor storage areas, the site will be
subject to periodic review by city staff for adequacy of the material to control dust and
drainage. The first review will occur one year following approval of this permit. If the
material is determined to be inadequate, the City will require that it be replaced with
bituminous asphalt. And:
i. The Applicant shall obtain a grading permit from the City prior to the construction
of the proposed outdoor storage areas. Detailed plans for this grading work shall
be prepared and signed by a registered professional engineer.
ii. The Applicant shall be responsible for installing and maintaining erosion control
measures in accordance with City engineering standards. The development is also
subject to the City's land disturbance and erosion control regulations.
OR
12. (C) The existing surfacing of the outdoor storage areas shall remain.
13. All parking and storage areas shall be properly maintained to prevent deterioration.
14. No hazardous materials shall be stored on the property.
15. A minimum 20' emergency access aisle shall be designated and maintained on the south and
west sides of the building, and a 24' drive aisle shall be maintained through the parking and
storage area along the east side the building.
16. A detailed Landscape Plan prepared by a registered landscape architect shall be submitted for
review and approval by City staff to include landscaping of perimeter yard setback areas,
parking lot islands and for screening purposes. As required by City Code, all landscaped
areas shall be served by automatic irrigation. Landscaping shall be installed by October 31,
2010.
17. All signage shall meet City Code standards and be brought into compliance within 30 days
following approval.
18. The applicant shall provide public street easement across the BMO property (2795 Highway
55, Parcel 10- 53320- 071 -00) from Highway 55 to Beverly Drive, in a form acceptable to the
City Attorney and in a configuration acceptable to the City Engineer.
103
Location Map
Eagan Boundary
Right -of -way
Parcel Area
Park Area
Building Footprint
Develop ment/Developer:
Application:
Case No.:
Atlh-
City of Eaph
Community Davalopmant Department
1000 0 1000 2000 Feet
Building Materials Outlet
Interim Use Permit
02- IN- 03 -02 -10
/64
THIS MAP IS INTENIDED FOR REFERENCE USE ONLY
The City of Eagan and Dakota County do not guarantee the accuracy of this information and are
not responsible for errors or omissions.
N
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WRITTEN NARRATIVE
Building Materials Outlet Midwest, Inc.
2795 Highway 55 East, Eagan, MN 55121
Application for Extension of Interim Use Permit to Allow Outdoor Storage
Property Identification Number 10- 53320 - 071 -00
1. The Comprehensive Guide Plan designation of the property is currently industrial
development. Building Materials Outlet Midwest, Inc. (the "Applicant ") is not requesting that
this designation be changed.
2. The property is currently zoned Light Industrial (I -1). The Applicant is not requesting
that this zoning classification be changed.
3. The Applicant sells building materials to contractors at wholesale prices, including many
bulk sales to contractors. Because much of the Applicant's inventory is purchased and sold in
bulk, some of the goods sold by the Applicant need to be stored outdoors. The Applicant is
requesting an extension of their current interim use permit to allow it to maintain the existing
outdoor storage in the locations shown on the survey that is being submitted with the
Application. The Applicant is not seeking to expand the scope of the existing outdoor storage.
The tenant, Building Materials Outlet Midwest, Inc. (BMO) is a family -owned and operated
business (formerly known as Cannon Recovery Company) that has been in operation for over 40
years, and has operated out of its current site at 2795 Highway 55 East since 2002.
On July 1, 2006, the tenant entered into a 4 -year lease with the previous owner of the property,
Cheney Eagan Building, LLC, which lease expires on June 30, 2010. In spring of 2008, BMO
was required to apply for an interim use permit for their outdoor storage area. In November of
2008, BMO was informed that with the changes and minor improvements made, they met the
requirements of the IUP until the current lease expires in 2010.
When IRET purchased the property it was under BMOs understanding that the new owners were
going to redevelop the property, therefore the expiration of the IUP was not a concern.
However, due to the current economic conditions it appears that IRET is not going to be
redeveloping as soon as anticipated. Therefore, this has allowed BMO and IRET to discuss a
possible lease extension. IRET (property owners) currently has several buildings and land in
Eagan.
BMO is not asking for any additional storage space outdoors. BMO is looking to extend the
permit based on the current requirements.
When the economy is bad BMO's business is better, because everyone is looking for a bargain,
therefore they are wishing to extend their lease with IRET. We intend to extend the current
lease, with IRET until June 2013.
101 ;R `_ , � ii i 311!il
BMO consists of sales of building materials to contractors at wholesale prices. BMO does very
little advertising to the general public; they maintain a website and have a small ad in the local
phone book. Besides the identification sign on the building, the only other advertising done is
direct mailings to contractors notifying them of upcoming bulk sales. The majority of BMOs
business is through word of mouth and referrals from other contractors.
4. The surrounding land uses and zoning are similar to the Applicant's property. Several
other surrounding properties have goods that are stored outdoors including but not limited to
lumber, storage /moving cartons, semi - trailers, etc. In addition, there are no residential areas
immediately surrounding the Applicant's site, and the Applicant's outdoor storage area is located
at the rear of the property and is completely surrounded by a chain link fence.
5. The Applicant's outdoor storage will not be detrimental to or endanger the public health,
safety, or general welfare of the neighborhood or the city. In addition, the Applicant's outdoor
storage will be compatible in appearance and use with the existing character of the general
vicinity and will not change the essential character of the area nor will it diminish or impair
property values within the neighborhood. As indicated above, several of the surrounding
properties currently have outdoor storage.
Also, no additional public facilities or services would be needed as a result of the outdoor
storage. The Applicant's outdoor storage will not involve activities or materials that would be
hazardous or detrimental to any persons or property because of excessive production of traffic,
noise, smoke, fumes, glare or odor, nor will it create any traffic congestion or interfere with
traffic on surrounding public streets. The Applicant's outdoor storage will not result in the
destruction, loss or damage of any natural, scenic or historic features of any importance. Finally,
the storage area will not interfere with any pedestrian or vehicular movement.
a,? FFP, I `flip-
i�a
Sarah Thomas
From: Santoorjian, Gary [Gsantoorjian @dart.net]
Sent: Thursday, March 11, 2010 10:24 AM
To: Sarah Thomas
Subject: RE Building Materials Outlet
Hi Sarah,
Quick comment on BMO's interim use permit application. We support the proposed use, but feel there should be a
requirement to pave. I trust this is sufficient to be included in the official record, but if I need to mail a letter please let me
know.
Thanks,
Gary Santoorjian
Atlas Real Estate Management
c/o Dart Transit Company
garys(o.dart.net
651 - 683 -1406
8
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t ea rwoA� t " eys
SH E HAZY*
2795 Highway 55 East Phone: 651- 365 -1141
Eagan, MN 55121 Fax: 651- 365 -7787
April 14, 2010
Mr. Mike Ridley
City Planner
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55121
Dear Mike,
My name is Don Prettyman, and I am the founder and CEO of Building Materials Outlet Midwest, Inc (BMO)
currently located at 2795 Highway 55 East in Eagan. I would like to explain our present dilemma in regards to
our company applying for an Interim Use Permit to allow outdoor storage. The hearing on this subject is to be
presented to you on Tuesday, April 20th 2010. In our written narrative to the Council we explained somewhat
our history; however, I would like to elaborate on our situation a little more. We really are between a rock and
a hard place.
I started in business in 1955 selling doors out of my house at 1534 Lone Oak Road, Eagan. My wife took
orders from contactors and I delivered doors to the construction sites. In the last 55 years we have developed
two housing projects, Timberline and Skyline Heights, and have sold building materials in Eagan in those years.
We have grown as Eagan has grown. We have seven children most are still Eagan residents, along with 15
grandchildren mostly whom are also Eagan residents and five great - grandchildren which hopefully will remain
Eagan residents as well. I am telling you this because I have roots in Eagan; we love Eagan and have been in
business successfully in Eagan for many years. We want to stay in business in Eagan forever. Our location is
very favorable to our business plan which is unique, we recycle building materials. We specialize in problem
inventory and sell in bulk primarily to contractors. Our business is run primarily by my daughter Lynn Ribar,
and my granddaughter Angie Ribar both are part- owners as well as Eagan residents.
We presently have over 500 vendors, mostly national manufacturers, whom bring us their inventory on a
consignment basis. We do not accept any items that are used or defective. The products we sell are typically
50% off retail pricing. This business plan has proven to be lucrative and we cannot operate the plan without the
IUP. Our company, Building Materials Outlet Midwest, Inc (BMO), has been looking to purchase a permanent
location in Eagan for quite some time but the right fit just hasn't come up yet, but we are getting close. BMO
has branches in Phoenix, AZ where we own the building and Pensacola, FL where we are currently leasing.
BMO tried to purchase the Stock Building Supply property on Yankee Doodle Road this past fall but the price
and five separate buildings were not really ideal for our operation. BMO has tried to purchase the property we
are presently in but the owner, IRET, is planning to redevelop in the future and is not looking to sell.
The Planning Staff for Eagan has recommended certain conditions to improve the site if we were to extend the
IUP which would be very costly for us. IRET has stated and I quote, "It is doubtful that IRET will benefit from
these improvements when the property is eventually redeveloped. Accordingly, IRETS participation in the cost
to upgrade the east side will be minimal." BMO simply cannot afford Fes_en ocation.
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DYE.
-THE HANDYMANS
2795 Highway 55 East Phone: 651- 365 -1141
Eagan, MN 55121 Fax: 651- 365 -7787
Some City Planners have stated that we are just trying to extend out the IUP again for another three years
without upgrading the property. We really are looking and planning to relocate in Eagan as soon as it's
economically possible. We would like to stay as is until we find the right site. Hopefully, the Eagan City
Council can allow this.
Mike, please pass this letter on to the Mayor, City Council Members and staff that you deem appropriate. I look
forward to attending the City Council meeting on Tuesday, April 20, 2010. Please contact me with any
questions at 612- 385 -2384. Thank you.
Sincerely,
Don I Prettyman
CEO
113
IRETE
PROPERTIES
April 14, 2010
Mr. Michael J. Ridley, AICP
City Planner
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
RE: 2795 Highway 55 — Building Materials Outlet
Dear Mike,
0 0 C [E J W Eg:;
AP2 14 2010 0
4;,.
IRET Properties (IRET) owns the two adjacent industrial properties located at 2785 &
2795 Highway 55, Eagan, MN. IRET purchased these properties approximately two
years ago from Cheney Eagan Building, LLC (Steve Cheney). IRET's plan from the
onset was to redevelop this site when the leases expire this summer. The larger of the
two buildings (2795) is occupied by Building Materials Outlet (BMO) under a lease with
IRET.
IRET realizes that the City of Eagan wants to see the full site redeveloped eventually, so
that this 9 acre site is more in line with the recent development that has taken place to
the east and north of our property.
Since the onset of the recession, and the virtual collapse of most development activity in
the Twin Cities, we now need to wait for the development cycle to moderate. Until that
happens, our plan is to keep the buildings leased until the market sees recovery and
redevelopment becomes possible.
We are writing to enlist the City of Eagan's support by extending BMO's Interim Use
Permit so that IRET can cover some of the costs of holding this property until we can
redevelop it. We respectfully request that BMO's Interim Use Permit be extended with as
little site work as possible because any improvements to the site, such as asphalt or
additional landscaping, will have no residual value when we redevelop the site.
In the event BMO is not able to extend their IUP satisfactorily and vacates later this
summer, we expect that the tax capacity of the building will be reduced significantly for
several years from the current assessed value of $2,990,700.
IRET Properties
10050 Crosstown Circle
Suite 105
Eden Prairie, MN 55344 -3349
Phone: 952 401 6600
Fax: 952.401 7052
Email_ info @iret.com
T NASDAQ Symbol IRET
Mr. Michael J. Ridley, AICP
April 14, 2010
Page2
During BMO's public hearing conducted by the Planning Commission on` March 23, 2010,
a good question was posed by one member who asked about the presence of a lease
between IRET and BMO. The current lease between IRET and BMO is set to expire on
June 30, 2010. The business terms of a new three (3) year lease have been agreed to,
in writing, between IRET and BMO, since the middle of October 2009. This new lease
would commence on July 1, 2010 and run through June 30, 2013. Since the lease would
be contingent on BMO's extension of the IUP, we have not actually signed a lease to
cover any extended period yet.
I noticed in the Planning Report that the City of Eagan desires a street easement across
the 2795 site so that there is public access from Highway 55 through to Dart's newer
industrial property at 2811 Beverly Drive. I met at the site with City Engineer, Russ
Matthys, approximately two weeks ago to initiate the process of completing the desired
easement between IRET and the City of Eagan.
The enclosed roster lists all of the properties that IRET owns that are located in Eagan.
Perhaps the best example of IRET's corporate citizenship, and long -term commitment,
would be the property listed as Boulder Court Apartments. This 115 -unit apartment
building, formerly known as Remada Court Apartments, was acquired by IRET in 2003.
Soon after acquisition, we renovated almost all aspects of this property which included a
complete remodeling of all interior finishes. We also remodeled all of the garages, re-
built the decks, and installed a new swimming pool, new windows and new siding.
Additionally, several serious fire code issues were corrected, and we're fairly confident
that if you checked the police calls to this location, you would note they are down
dramatically from the pre -IRET days. Boulder Court is a solid performer for us now and
we hope to someday tell a similar story about 2785/2795 Highway 55.
Mike, we ask that you provide copies of this letter, with its attachment, to the Mayor, City
of Eagan staff and council members as you deem appropriate. If you, or anybody else,
have any questions, do not hesitate to contact me directly. I plan to attend the city
council hearing on April 20, 2010, and to stand with Don Prettyman of Building Materials
Outlet to answer any questions.
We still believe in the long term development potential of this property and look forward to
the day when we gather together for a ground- breaking ceremony at this site. For the
time being, please consider granting BMO the extension of the Interim Use Permit that
they have requested.
Sincerely,
IRET PROPERTIES, a North Dakota Limited Partnership
Scott G. Smith
Senior Asset Manager
952 - 401 -4828
ssmith @iret.com
Enclosure
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