08/01/2011 - City Council RegularAGENDA
EAGAN CITY COUNCIL
EAGAN MUNICIPAL CENTER BUILDING
AUGUST 1, 2011
6:30 P.M.
I. ROLL CALL AND PLEDGE OF ALLEGIANCE
3 II. ADOPT AGENDA
III. RECOGNITIONS AND PRESENTATIONS
IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made
for an item to be pulled for discussion)
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V. PUBLIC HEARINGS
APPROVE MINUTES
PERSONNEL ITEMS
APPROVE Check Registers
APPROVE Tobacco License for Ashley Houth, Asian Food Market, 2105 Cliff Road
APPROVE Tobacco License for Tung Ngo Inc., Sinclair Dinomart, 1815 Diffley Road
APPROVE Off -Sale 3.2 Percent Malt Liquor (Beer) License for Tung Ngo Inc., DBA Sinclair
Dinomart, 1815 Diffley Road
RESCIND Ordinance to Amend City Code Chapter 4 to Authorize the City to Provide for
Electrical Inspections, RESCIND the addition to the City Fee Schedule for that service and
TERMINATE the Service Agreement with M.A. Anderson, Inc.
CANCEL the November 8, 2011 Special City Council Meeting
AWARD Contract No. 11-11, Citywide Trail Improvements
AWARD Contract No. 11-05, High Pressure Zone Water Main Improvements
APPROVE Change Order No. 2, Contract 11-02 (Citywide Street Improvements)
APPROVE Change Order No. 1, Contract 10-11 (Ames Crossing Road — Street & Utility
Improvements)
AUTHORIZE Letter of Support for Dakota County Regional Trail Federal Funding Application
APPROVE Assessment Deferment Agreements, Project 1033 (Cliff Rd -Trunk Watermain)
RESCHEDULE Public Hearing Date (August 16, 2011) to Vacate Drainage & Utility Easement —
Lot 1, Block 1 Gopher Eagan Industrial Park #3 & #6
APPROVE Contract between the City of Eagan and Check Diversion Program, LLC (CDP)
VI. OLD BUSINESS
243 A. REQUEST to Remove Load Limit Restrictions, Nicols Road (Silver Bell Road to Burnsville)
VII. NEW BUSINESS
5 �A. CONDITIONAL USE PERMIT — Zest! Bar & Grill - A Conditional Use Permit to allow on -sale liquor
in conjunction with a Class I restaurant located at 525 Diffley Road
gO B. PLANNED DEVELOPMENT AMENDMENT — Lupe Holdings Corp. - A Planned Development
Amendment to allow a multi -tenant retail commercial use and a Class II restaurant with outdoor
patio dining and on -sale liquor located at 2075 Cliff Road
C. CONDITIONAL USE PERMIT — Interstate Business Center - A Conditional Use Permit to allow
outdoor storage of trailers, Targe delivery trucks and forklifts located at 2995 Lone Oak Circle
i9.)W. D. PLANNED DEVLOPMENT AMENDMENT — People of Praise - A Planned Development
Amendment to allow banquets and receptions within a existing school facility located at 301 River
Ridge Parkway
VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
IX. ECONOMIC DEVELOPMENT AUTHORITY (There are no EDA items to be considered at this
time)
X. ADMINISTRATIVE AGENDA
Y. 44 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!1/
City of Eaan Memo
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: JULY 29, 2011
SUBJECT: AGENDA INFORMATION FOR AUGUST 1, 2011 CITY COUNCIL MEETING
ADOPT AGENDA
After approval is given to the August 1, 2011 City Council agenda, the following items are in
order for consideration.
3
Agenda Information Memo
August 1, 2011 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 July 19, 2011 Regular City Council meeting as presented or
modified.
ATTACHMENTS:
• Minutes of the July 19, 2011 Regular City Council meeting are enclosed on pages
through
4
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
JULY 19, 2011
DRAFT
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire,
Councilmembers Bakken, Fields, Hansen and Tilley. There were no visitors who wished to be heard.
A regular meeting of the Eagan City Council was held on Tuesday, July 19, 2011 at 6:30 p.m. at the Eagan Municipal
Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. Also present were City
Administrator Tom Hedges, Director of Administrative Services VanOverbeke, Director of Community Development
Hohenstein, City Planner Ridley, Communications Director Garrison, Police Chief McDonald, Director of Parks and
Recreation Johnson, Chief Building Officer Schoeppner and Director of Public Works Colbert.
AGENDA
City Administrator Hedges added an item to the Agenda under Recognitions and Presentations and pulled Consent item
H. to be deleted.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Agenda as amended.
Aye: 5 Nay: 0
RECOGNITIONS AND PRESENTATIONS
Mayor Maguire recognized Erin Johnson of This Week Newspapers for 11 years covering the community.
CONSENT AGENDA
Community Development Director Hohenstein gave a brief overview of the revised action on Item E.
Director of Administrator Services provided an update on Item I, recommending that Change Order No. 2 be financed
by the Fiber Infrastructure Fund.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Consent Agenda as
approved. Aye: 5 Nay: 0
A. It was recommended to approve the minutes of the July 5, 2011 regular City Council meeting as presented
B. Personnel Items:
1. It was recommended to acknowledge the resignation of Fred Miller, E -TV Video Specialist/Fields
Coordinator and authorize his replacement
2. It was recommended to approve the hiring of seasonal employees in Parks & Recreation
3. It was recommended to ratify collective bargaining agreement for Teamsters Local 320, Clerical Unit for
January 1, 2011 — December 21, 2012
C. It was recommended to approve the check registers dated June 30, 2011 and July 7, 2011
D. It was recommended to approve a sound amplification permit and waiver of fee for an outdoor event with
electronic sound system/audio equipment use after 10:00 p.m. to be held on September 17, 2011
E. It was recommended to approve a revised site plan for the drive-through CUP to permit a double drive-through
for the Town Centre McDonald's located at 1351Town Centre Drive
F. It was recommended to approve a resolution to accept a $1,000 donation from Sam's Club for 2011
community events and approve any necessary changes to the 2011 budget
G. It was recommended to award bid for construction of a replacement fire engine
H. It was recommended to approve property acquisition settlement agreement for Project 1016R (Ames Crossing
Road — Street & Utility Improvements) with the owners of parcel No. 10-00100-020-10 — Item Removed
I. It was recommended to approve change order no. 2 to Contract 09-18 (Duckwood Drive Overpass — Bridge &
Street Improvements)
J. It was recommended to approve tree maintenance contractor license for Wright Tree Service, Inc.
K. It was recommended to approve temporary on -sale liquor license and waive the license fee for Faithful
Shepherd Catholic School Septemberfest fundraiser on September 17, 2011
City Council Meeting Minutes
July 19, 2011
2 page . fl'
OLD BUSINESS
ORDINANCE AMENDMENT — CITY CODE CHAPTER 4 TO AUTHORIZE THE CITY TO PROVIDE
FOR ELECTRICAL INSPECTIONS, APPROVE AN ADDITION TO THE CITY FEE SCHEDULE FOR
THAT SERVICE AND APPROVE A SERVICE AGREEMENT WITH M.A. ANDERSON, INC.
City Administrator Hedges introduced this item regarding an Ordinance Amendment to City Code Chapter 4, relative to
a service agreement with Mark Anderson to provide electrical inspections and an increase in the City's fee schedule for
electrical permits. Community Development Director Hohenstein gave a staff report.
Councilmember Fields moved, Councilmember Hansen seconded a motion to approve an Ordinance Amendment to
City Code Chapter 4, to authorize the City to provide electrical inspections with the understanding that it is the
Council's intention to rescind the ordinance once the State Department of Labor and Industry is again providing service,
and to approve an addition to the City fee schedule for electrical permits; to approve a service agreement with Mark
Anderson to perform the inspections and to direct staff to work with State officials and permit seekers to coordinate the
issuance of permits and the arrangements for inspections by the State upon the State resuming electrical inspections.
Aye: 5 Nay: 0
ORDINANCE AMENDMENT TO CHAPTER 11
CITY VARIANCE AUTHORITY
City Administrator introduced this item regarding an Ordinance Amendment to City Code Chapter 11 relating to
the City's variance authority since a Minnesota Supreme Court ruling in 2010 restricting the authority
municipalities have in granting variances. City Planner Ridley gave a staff report and referenced a minor edit
suggested by the APC.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve, as amended, an Ordinance
Amendment to Chapter 11, Section 11.50, Subd. 3, to reflect the standards established in the new legislation.
Aye: 5 Nay: 0
LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE
There were no items for discussion.
There were no visitors to be heard.
VISITORS TO BE HEARD
ADMINISTRATIVE AGENDA
National Pollutant Discharge Elimination system/State disposal System (NPDES/SDS) General Permit for Small
Municipal Separate Storm Sewer Systems (MS4) and the Public Notice for the Municipal Storm Water
Management Program Public Notice Process
Public Works Director Colbert introduced the item regarding the City's petitioned request for a contested case hearing
with the Minnesota Pollution Control Agency requesting the public comment period be extended to August 31, 2011.
Colbert gave an overview of the MPCA's decision to cease all discussions regarding the Draft MS4 Permit.
Councilmember Hansen moved, Councilmember Tilley seconded a motion to ratify the City's petitioned request for a
contested case hearing and the associated comment letter to the MPCA regarding the proposed permit revisions to the
Draft MS4 General Permit. Aye: 5 Aye: 0
CITY COUNCIL COMMENTS
Councilmember Hansen reminded everyone to vote for Eagan's Marketfest.
ADJOURNMENT
City Council Meeting Minutes
July 19, 2011
3 page
Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 6:56 p.m.
Aye: 5 Nay: 0
Date
Mayor
Clerk
Agenda Information Memo
August 1, 2011 Eagan City Council Meeting
B. PERSONNEL ITEMS
Item 1.
ACTION TO BE CONSIDERED:
Approve hiring of full time Accountant I.
FACTS:
On June 7, 2011, Council approved re -filling of the Accountant I vacancy created with the
resignation of R Stevens.
Item 2.
ACTION TO BE CONSIDERED:
Approve recruitment of a part time, 20 hour/wk position of non union Office Support Specialist,
with an emphasis on GIS. This position will provide administrative support and GIS functions to
the Public Works/Water Quality Division.
FACTS:
In February 2010, the part time, 20 hr/wk Clerical Tech transferred to the Engineering Division,
creating a 20 hr/wk vacancy. The position was left unfilled in order to determine the best use of
future Human Resources.
With the City -Wide GIS function enhancing, and the GIS Coordinator serving in a more global
role, technical tasks need to be reallocated, therefore, the position of part time Clerical
Technician will be converted to a part time Office Support Specialist.
Item 3.
ACTION TO BE CONSIDERED:
Authorize the current exempt GIS Coordinator position to to resume a status of 40 hours per
week.
1
FACTS:
In 2009, the GIS Coordinator requested to change her status from 40 hours per week to 32 hours
per week due to personal commitments. At this time, with enhanced responsibilities, the City
would benefit from the position resuming the 40 hours per week status.
Item 4.
ACTION TO BE CONSIDERED:
Approve the reclassification of A Galatowitsch from Clerical Tech 3 to Clerical Tech 4.
FACTS:
Upon further review by management, the Clerical Tech 3 is currently fulfilling the job duties of a
Clerical Tech 4 and will be reclassified accordingly.
Item 5.
ACTION TO BE CONSIDERED:
Approve the hiring of Seasonal Employees in Parks & Recreation and Streets Maintenance:
Name
Division
Job Title
Colin Wymore
Sean King
Leng Yang
Michael Leddy
Kirsten Richardson
Streets
Streets
Cascade Bay
Community
Center
Community
Center
Seasonal Street Maintenance
Seasonal Street Maintenance
Building/ Grounds Attendant II
Guest Services Representative
Guest Services Representative
Item 6. RFP/2012 Health Insurance Coverage --
ACTION TO BE CONSIDERED:
To approve the RFP for Health Insurance Coverage for 2012 as presented.
FACTS:
• The City of Eagan will have fulfilled a 5 year contractual relationship with Blue Cross
Blue Shield as the City's medical insurance carrier by the end of December 2011. Per
Minnesota Statue, the City is required to bid medical insurance at least every 5 years.
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Gallagher Benefits Services, Inc is preparing a Request for Proposal for medical
insurance carriers on behalf of the City of Eagan.
• The City's Health Insurance Committee, (comprised of representatives from all
bargaining groups, non -bargaining groups and department heads in addition to the
Human Resources Manager and the City's insurance consultant), met in July 2011 to
discuss this issuance.
• The committee is collectively interested in proposing a "status quo" RFP that would mirror
current plan designs and coverage levels.
• The tentative time line would involve a proposal notice to be published August 6, 2011,
with responses due not less than 21 days from the date the notice is published. The
responses would be reviewed by Human Resources and the Health Insurance Committee
in September and final agreement will be obtained no later than September/October, in
order to offer new options in time for Open Enrollment later in the Fall.
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Agenda Information Memo
August 1, 2011 Eagan City Council Meeting
C. RATIFY CHECK REGISTERS
ACTION TO BE CONSIDERED:
To ratify the check registers dated July 14, 2011 and July 21, 2011 as presented.
ATTACHMENTS:
• Check registers dated July 14, 2011 and July 21, 2011 are enclosed without page number.
Agenda Information Memo
August 1, 2011, Eagan City Council Meeting
D. APPROVE TOBACCO LICENSE FOR ASHLEY HOUTH., ASIAN FOOD
MARKET, 2105 CLIFF ROAD
ACTION TO BE CONSIDERED:
To approve the Tobacco License for Ashley Houth, doing business as Asian Food Market,
located at 2105 Cliff Road.
FACTS:
➢ Ashley Houth, owner of Asian Food Market, has applied for a Tobacco License.
D All required documents have been submitted, reviewed and deemed in order by City staff
and the Police Department.
ATTACHMENTS (0):
(The complete application is available from the Office of the City Clerk.)
Agenda Information Memo
August 1, 2011, Eagan City Council Meeting
E. APPROVE TOBACCO LICENSE FOR TUNG NGO INC., SINCLAIR
DINOMART, 1815 DIFFLEY ROAD
ACTION TO BE CONSIDERED:
To approve the Tobacco License for Tung Ngo Inc., doing business as Sinclair Dinomart, located
at 1815 Diffley Road.
FACTS:
➢ Tung Ngo, president of Tung Ngo Inc., has applied for a Tobacco License.
➢ Tung Ngo Inc. is purchasing the existing Sinclair Dinomart, which is currently licensed for
tobacco sales.
➢ All required documents have been submitted, reviewed and deemed in order by City staff
and the Police Department.
ATTACHMENTS (0):
(The complete application is available from the Office of the City Clerk.)
1S
Agenda Information Memo
August 1, 2011, Eagan City Council Meeting
F. APPROVE OFF -SALE 3.2 PERCENT MALT LIQUOR (BEER) LICENSE FOR
TUNG NGO INC., DBA SINCLAIR DINOMART, 1815 DIFFLEY ROAD
ACTION TO BE CONSIDERED:
To approve the Off -Sale 3.2 Percent Malt Liquor (Beer) License for Tung Ngo Inc., doing
business as Sinclair Dinomart, located at 1815 Diffley Road.
FACTS:
> Tung Ngo, president of Tung Ngo Inc., has applied for an Off -Sale 3.2 Percent Malt Liquor
(Beer) License.
➢ Tung Ngo Inc. is purchasing the existing Sinclair Dinomart, which is currently licensed for
off -sale 3.2 percent malt liquor sales.
> All required documents have been submitted, reviewed and deemed in order by City staff
and the Police Department.
ATTACHMENTS (0):
(The complete application is available from the Office of the City Clerk.)
Agenda Information Memo
Eagan City Council Meeting
Consent Agenda
August 1, 2011
G. RESCIND ELECTRICAL INSPECTION ORDINANCE AND
RELATED ACTIONS
ACTION TO BE CONSIDERED: To approve an ordinance amendment to rescind
Ordinance 471, the electrical inspections ordinance, to rescind the amendment of the City
Fee Schedule related to the ordinance and to terminate the service agreement with M.A.
Anderson for electrical inspection services.
FACTS:
➢ Electrical permits and inspections in Eagan are provided by a state contract inspector.
The City was informed that in the event of a state government shutdown, that contract
will be suspended and they would not be available to persons needing those services in
Eagan.
➢ In response, the City Council directed preparation of an ordinance, fee schedule
amendment and negotiation of a service agreement to permit the City to provide the
service directly.
➢ A tentative settlement of the state budget was announced and a special Legislative
session was called for July 19, 2011. Since the final action on all bills had not occurred
by the time of the City Council that evening, it was recommended that the Council
proceed with actions to approve the ordinance amendment, fee schedule and service
contract. The Council included an action stating an intention to rescind the actions if the
budget settlement was signed into law.
➢ The Legislature held a special session on July 19th and 20th to consider the bills to
resolve the shutdown. The Governor signed the bills on July 20th and state employees
and contractors were advised to report to work on July 21st
➢ On the basis of the Council indication of intent to rescind, staff did not implement the
ordinance, but instead worked with the state contractor and affected parties who had
contacted the City to provide for services to again be provided by the state.
➢ Also on the basis of the Council action, the City Attorney has prepared an ordinance to
rescind the previous ordinance. That and items related to the fee schedule and service
agreement are in order at this time.
ATTACHMENTS:
➢ Ordianance to repeal on page / to
ORDINANCE NO. 2ND SERIES
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, REPEALING ORDINANCE NO.
481 WHICH ENACTED SECTION 4.07 REGARDING INSPECTION OF ELECTRICAL
INSTALLATIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER
1.
The City Council of the City of Eagan does ordain:
Section 1. Ordinance No. 481 which enacted Section 4.07 regarding inspection of electrical
installations is hereby repealed.
Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including 'Penalty for Violation' and Section 4.99, entitled
"Violation a Misdemeanor" is hereby adopted in its entirety by reference as though repeated
verbatim.
Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication
according to law.
ATTEST: CITY OF EAGAN
City Council
By: Christina M. Scipioni By: Mike Maguire
Its: City Clerk Its: Mayor
Date Ordinance Adopted:
Date Ordinance Published in the Legal Newspaper:
1
1�/
Agenda Information Memo
August 1, 2011 City Council Meeting
H. CANCEL THE NOVEMBER 8, 2011 SPECIAL CITY COUNCIL MEETING
ACTIONS TO BE CONSIDERED:
To cancel the November 8, 2011 Special City Council Meeting.
FACTS:
• It is proposed that the City Council cancel the November 8, 2011 Special City Council
meeting as the date conflicts with the National League of Cities (NLC) Conference.
ATTACHMENTS:
• None
17
Agenda Information Memo
August 1, 2011 Eagan City Council Meeting
I. CONTRACT 11-11
CITYWIDE TRAIL IMPROVEMENTS
ACTION TO BE CONSIDERED: Receive the bids for Contract 11-11 (Citywide Trail
Improvements) and award the contract to Bituminous Roadways, Inc. for the base bid in the amount of
$178,884.60 for Parts 1-11 (Citywide Trail Overlays/Reconstruction) only and authorize the Mayor and
City Clerk to execute all related documents.
FACTS:
• The reconstruction of the_trail segment adjacent to Lexington Avenue (Wescott Road to Falcon
Way, West side — 1,500 Ft), and, the maintenance overlay of existing bituminous trails and repair
of existing concrete sidewalks in the following locations:
• Lexington Avenue (Falcon Way to Duckwood Trail)West side (1,500 Ft)
• Diffley Road, (East of 35E to Heine Ct.) South side (3,700 Ft)
• Cliff Road (Thomas Lake Rd. to Lake Park Dr.) North side (1,255 Ft)
• Cliff Road (Ridgecliffe Dr. to Thomas Center Dr.) ..North side (700 Ft)
• Cliff Road (Lenore Lane to Johnny Cake Ridge Rd.)South side (1,700 Ft)
• Thomas Lake Road (Cliff Road to Thomas Ctr. Dr.) West side (700 Ft)
• Burgundy Drive (Highway 13 to Robin Ln) East/ South side (3,200 Ft.)
• Yankee Doodle Rd (Federal Dr to Yankee Plaza ent.)....South side (600 Ft.)
are programmed for 2011 in the City's 5 -Year Capital Improvement Program (2011-2015).
• The construction of the trail segment along the south side of Cedar Grove Parkway from Rahn
Road to the west end of the Nicols Ridge residential development (Cedar Grove Trail), was
approved by the City Council under the Cedar Grove Boulevard improvements (City Project No.
1051) on March 1, 2011. Bids were received on this improvement under City Contract No. 11-08
on June 16, 2011 but the City Council did not award a contract due to higher than estimated prices
received.
• These projects have been combined under one contract to increase economies of scale, but can be
separated for consideration on their own financial merits when awarding the contract. On July 5,
2011, the Council approved the plans and authorized the advertisement for solicitation of
competitive bids for Contract 11-11.
• At 10:30 a.m. on July 29, formal bids from each bidder were received for this project.
• Bid proposals received may be separated in to two main improvements for consideration of
contract award by the City Council:
o Citywide bituminous trail overlays/reconstruction (Parts 1-11)
o Cedar Grove Parkway trail (Part 12)
• The bid documents allow for this contract for consideration of awarding a contract for these two
improvements on their own financial merits to allow the City to award either one of the two
improvements separately or both of them togetherin combination.
• Due to the higher than estimated bid prices received and unresolved private utility relocation
matters on Cedar Grove Parkway, staff is recommending that the Council reject the portion of the
bids received for Part 12 (Cedar Grove trail construction), and award the base bid for Parts 1-11
(Citywide trail overlays/reconstruction) only.
• All bids have been reviewed for compliance with the bid specifications and accuracy on unit price
extensions and summations. The base bid for only Parts 1-11 (Citywide bituminous trail overlays/
reconstruction) from Bituminous Roadways, Inc. has been reviewed by the Engineering Division
and found to be in order for favorable Council actionto provide the best value and is in order for
favorable Council action.
ATTACHMENTS:
• Bid Summary Tabulation, page\
i�
BID SUMMARY
CITYWIDE TRAIL IMPROVEMENTS
CITY CONTRACT 11-11
Bid Date/ Time: 10:30 a.m., Friday, July 29, 2011
Contractors
McNamara, Inc.
Bituminous Roadways, Inc.
Peterson Companies
CMogren Inc.
Total Bid
$ 546,522.01
$ 578,350.80
$ 581,754.25
$ 767,166.00
Citywide Trail/ Sidewalk Cedar Grove Parkway
(Parts 1-11) (Part 12)
= $189,646.47 + $356,835.54
= $178.884.60 + $399,466.20
= $185,824.25 + $395,930.00
= $278,554.50 + $488,611.50
Project
Low
Base Bid
CI P/
Feasibility
Report Est.
Over/Under
CIP/ FR
Estimate
Engineer's % Over/Under
Estimate Eng Estimate
Citywide Trail/
Sidewalk Overlay/
Reconstruction
Parts 1-11)
(Bituminous Roadways)
$ 178,884.60
$ 162,500
+9.2% $ 171,600
+4.1%
Cedar Grove
Parkway Trail
Construction
(Part 12)
(McNamara)
$ 356,835.54
$ 332,000 +7.0% $ 344,500
+3.5%
G:Current Council Items 8-01-1 1/Contract 11-1 1 Bid Summary Results
Agenda Information Memo
August 1, 2011 Eagan City Council Meeting
J. CONTRACT 11-05, HIGH PRESSURE ZONE WATER MAIN
IMPROVEMENTS
ACTION TO BE CONSIDERED: Receive the bids for Contract 11-05 (High Pressure Zone
Water Main Improvements) and continue consideration of contract award until the required
permit from the Minnesota Department of Health has been issued.
FACTS:
• Contract 11-05 provides for the water main and booster station improvements to increase
water pressure in the high zone area, generally located south of Cliff Road and east of Pilot
Knob Road as programmed for 2011 in the City 5 -Year Capital Improvement Plan (2011-
2015). This improvement will eliminate the need for up to 90 in-home individual booster
pumps.
• On July 5, 2011, the Council approved the plans and authorized the advertisement for
solicitation of competitive bids for Contract 11-05.
• At 10:30 a.m. on July 29, formal bids from two bidders were received for this project.
• All bids have been reviewed for compliance with the bid specifications and accuracy on
unit price extensions and summations.
ISSUES:
• The Minnesota Department of Health (MDH) received the detailed plans and specs for
review on June 10 as required by their permit process. Unfortunately, the shutdown of the
State Government on July 1 did not allow the MDH to complete their review in time for a
permit to be issued before the Council was scheduled to receive the bids and consider
award of Contract on August 1. The bidding specs require the contractor to honor his bid
prices for a period of 60 days. The MDH anticipates that their review will be completed and
a permit can be issued within the next two weeks.
• Continuance of consideration of the contract award will also allow City staff to review the
higher than estimated bids received.
Agenda Information Memo
August 1, 2011 Eagan City Council Meeting
K. CONTRACT 11-02, CITYWIDE STREET IMPROVEMENTS
ACTION TO BE CONSIDERED: Approve Change Order No. 2 to Contract 11-02
(Citywide Street Improvements) and authorize the Mayor and City Clerk to execute all
related documents.
FACTS:
• Contract 11-02 provides for the street improvements of:
o Trotters Ridge/ Stafford Place (City Project 1032)
o Woodland/ Sunrise Hills (Project 1037)
o Engstroms Deerwood (Project 1038)
o Hills of Stonebridge 1St (Project 1041)
o Bridle Ridge lst (Project 1042)
o Blackhawk Pond (Project 1043)
o Parking lot improvements to the Municipal Center's east, north, and Police Dept. lots
o Schwanz Lake area rain garden curb cuts.
• On April 5, 2011, the City Council awarded the base bid for Contract 11-02 for these
improvements.
• Change Order #2 provides for the removal and filling of underlying materials to provide a
compacted subgrade on the entire width of approximately 2,000 feet of Murphy Parkway
and Hawk Place (Project No. 1043) not originally anticipated under the contract.
• The change order provides for a total ADD of $108,491.69 (5.9% of original contract).
The cost of the additional work will be the responsibility of the City's Major Street Fund.
• The change order has been reviewed by the Engineering Division and found to be in
order for favorable Council action.
Agenda Information Memo
August 1, 2011 Eagan City Council Meeting
L. CONTRACT 10-11, AMES CROSSING ROAD
STREET & UTILITY IMPROVEMENTS
ACTION TO BE CONSIDERED: Approve Change Order No. 1 to Contract 10-11 (Ames
Crossing Road Street & Utility Improvements) and authorize the Mayor and City Clerk to
execute all related documents.
FACTS:
• Contract 10-11 provides for the public street & utility improvements to connect the north
and south portions of Ames Crossing Road providing a continuous street connection
between Lone Oak Rd. and O'Neill Dr. to serve the development and the surrounding
area in northeast Eagan (City Project 1016R).
• On March 1, 2011, the City Council awarded the base bid for Contract 10-11 for these
improvements.
• Change Order #1 provides for the repair of an existing water valve not originally
anticipated under the contract, to accommodate a water system shutdown for the
installation of the sanitary sewer pipe.
• The change order provides for a total ADD of $2,012.00 (0.2% of original contract). The
cost of the additional work will be the responsibility of the City's Water Trunk Fund.
• The change order has been reviewed by the Engineering Division and found to be in
order for favorable Council action.
Agenda Information Memo
August 1, 2011 Eagan City Council Meeting
M. MINNESOTA RIVER GREENWAY MASTER PLAN
TRANSPORTATION ENHANCEMENT FUNDING APPLICATIONS
ACTION TO BE CONSIDERED: Authorize preparation of a letter supporting Dakota
County's Transportation Enhancement (TE) Funding Applications for the 2015-16 construction
of trail improvements within Eagan as outlined in the draft Minnesota River Greenway master
plan and authorize the Mayor to sign the letter.
FACTS:
• Dakota County's office of Planning and Analysis has informed the City of Eagan that the
County is applying for two federal Transportation Enhancement grants to construct portions
of a regional trail through Eagan along the Minnesota River Valley. The trail segments would
run from I-494 to Yankee Doodle Road and continue to the southwest to State Highway 77 as
outlined in the draft Minnesota River Greenway master plan.
• The proposed improvements will include a 10 -foot wide bituminous trail generally following
the Union Pacific railroad, water quality improvements associated with the trail construction,
trail access to Fort Snelling State Park features on the Eagan side of the Minnesota River and
trailhead/gateway signage.
• Dakota County has requested a letter of support for the federal funding applications be
provided by the City of Eagan. The applications are due August 22, 2011, and letters of
support should accompany said applications.
• Successful applications would provide federal funds available for project construction in
2015 and 2016. Determinations for successful Transportation Enhancement grant
applications will be made by January 2012. If awarded the funds, design engineering would
likely occur in 2013/2014 and will include participation and coordination with the City of
Eagan. There is no funding request of the City for the proposed trail improvements.
ATTACHMENTS:
• Trail Location Map, pag
• Letter of Support, page .
"a3
Figure 31. Minnesota River Greenway Concept Plan
• Recreation Destination
(i) Activity Center
Trailhead
DNeighborhood Gateway
® Existing Grade Separated Crossing
• Proposed Grade Separated Crossing
Minnesota River Greenway
Existing Trail
•wr— Planned Trail
—� Existing Regional Trail
— — Planned Regional Trail
NHEIG S
CONNECTION TOL
NOKOMIS ANON(
OMND ROUNDS
Draft Support Letter:
Transportation Advisory Board
Attn: Kevin Roggenbuck
390 N. Robert Street, St. Paul, MN 55101
RE: Transportation Enhancement Program Grant Application
Dear Mr. Roggenbuck:
On behalf of the City of Eagan, I wish to convey our support for the Dakota County
Transportation Enhancement Program (TE) Grant Applications for the Minnesota River
Trail within the City of Eagan, administered through the Metropolitan Council
Transportation Advisory Board.
Eagan supports this project as an important recreation and transportation connection that
many residents and commuters will enjoy. Its value will only be enhanced with the
future crossing of Long Meadow Lake from Bloomington, which is also supported by
Eagan. Clearly, the scope and intent of the Minnesota River Trail project falls well
within the criteria established for successful funding. Your careful consideration of their
application is very much appreciated.
If you have any questions, please do not hesitate to contact our City Engineer, Russ
Matthys, at 651-675-5646 or rmatthys@cityofeagan.com.
Sincerely,
Mike Maguire
Mayor
City of Eagan
Agenda Information Memo
August 1, 2011 Eagan City Council Meeting
N. PROJECT 1033, CLIFF ROAD
TRUNK WATER MAIN IMPROVEMENTS
ACTION TO BE CONSIDERED: Approve Assessment Deferment Agreements for Project 1033
(Cliff Road — Trunk Water Main Improvements) and authorize the Mayor and City Clerk to
execute all related documents.
FACTS:
• Project 1033 provided for the installation of an 18 -inch diameter trunk water main along Cliff
Road, from Lexington Avenue to Dodd Road, in southeast Eagan.
• On June 7, 2011, the City Council amended the Preliminary Assessment Roll for Project 1033
deleting the Lakewood Hills neighborhood (26 properties) and authorized preparation of the
Final Assessment Roll for the remaining 14 properties as originally identified in the
preliminary assessment roll presented at the public hearing on August 2, 2010. The final
trunk area assessments for these properties are based on a parcel's acreage and the 2010 Fee
Schedule rates in accordance with the City's Special Assessment Policy.
• On July 5, the Council approved the final assessment roll for Project 1033 and authorized its
certification to Dakota County for collection and further authorized the preparation of
assessment deferment agreements for execution within 25 days (July 29) by those property
owners who desire them.
• The agreements were subject to the following conditions: 1) The homeowner shall agree to
an assessment of one single family residential equivalent, 2) The remaining balance of the
assessment shall be deferred until the property is sold, transferred, subdivided, platted, or
upon the expiration of 25 years after the signature of the agreement.
• The Council also approved an option to allow the opportunity for property owners to grant
drainage and utility easements for areas identified in the storm water management plan
and/or a conservation easement over other land in order to reduce their assessment
obligations as part of the deferral agreement.
• An informational meeting was held on July 20 to address all property owners' questions or
concerns regarding the assessment deferment option. 2 residents representing 3 of the 14
assessable properties attended the meeting. As of July 28, 8 of the 14 properties have
subsequently submitted assessment deferment agreements, but none have opted for the
easement dedication reduction opportunity.
• Minnesota Statutes Chapter 429 requires that all similarly zoned properties receiving the
same benefit be assessed similarly. While the City does not have the discretion to modify any
individual property's proposed assessment when adopting the Final Assessment Roll, the city
may enter into deferral agreements with property owners on payment and collection terms as
stipulated by the Council based upon an officially adopted Final Assessment amount. All
deferral agreements will be recorded at the County and all levied assessments not deferred
will be certified to the County for collection with the property taxes.
ATTACHMENTS:
• Typical Deferment Agreement, page 7 through0 .
��p
ASSESSMENT AND DEFERMENT AGREEMENT
This Assessment and Deferment Agreement ("Agreement") is made this day of
July 2011, by and between , husband and wife (hereinafter
"Landowner") and the CITY OF EAGAN, a Minnesota municipal corporation (hereinafter
"City"). Landowner and City are hereinafter collectively referred to as the "Parties."
WHEREAS, Landowner is the fee owner of property located in the City of Eagan,
County of Dakota, State of Minnesota and legally described as:
See Exhibit "A".
(the "Property").
WHEREAS, as part of City Public Improvement Project 1033 (hereinafter the "Project"),
the City assessed the Property for trunk water main improvements at the rate of $2,770.00 per net
assessable acre. The Property's full assessment is $
acres.
Rate
Net Area Total
(Acre) Assessment
$2,770 $
(the "Assessment").
for net assessable
WHEREAS, the Landowner has agreed to that portion of the Assessment for the City's current
single-family trunk water availability fee of $1,325.00 (hereinafter the "Immediate Assessment")
and has requested that the City defer that portion of the Assessment above the Immediate
Assessment, consisting of $ (hereinafter the "Deferred Assessment"), until the
Property is further sold, subdivided, platted, or otherwise developed, or July 5, 2036, whichever
occurs first, and
WHEREAS, the City is willing to levy the Immediate Assessment and defer collection of
the Deferred Assessment upon the terms and conditions contained herein.
WHEREAS, THEREFORE, in consideration of the mutual promises contained herein
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties agree as follows:
1. ASSESSMENT. The Assessment for trunk water main for Project 1033 is $
The Assessment shall be divided between the Immediate Assessment and the
Deferred Assessment.
2. IMMEDIATE ASSESSMENT. The Immediate Assessment is $1,325.00 and is payable
over ten (10) years in equal annual installments, together with interest at the rate of
five percent (5%) per annum.
3. DEFERRED ASSESSMENT. The Deferred Assessment in the amount of $ shall
be paid pursuant to Minn. Stat. § 429.061, Subd. 2. The Parties agree that the
payment of the first installment of the Deferred Assessment, including interest
thereon, shall be deferred until the Property is sold, subdivided, platted or otherwise
developed, whichever occurs first, at which time the first installment of the Deferred
Assessment shall become due and payable. The Deferred Assessment shall bear
interest at the rate of five percent (5%) per annum as set forth in the assessment roll
for the Project. When the first installment of the Deferred Assessment becomes due
and payable, interest accrued on the Deferred Assessment from July 5, 2011 to
December 31 of the year the first installment of Deferred Assessment becomes due
and payable shall be added to the original deferred assessment ($ ) and the
totals of those amounts shall become the "Principal Assessment Amounts Payable".
The Principal Assessment Amounts Payable shall be divided into five (5) equal
annual installments, or such lesser number of equal annual installments as is
necessary for the last installment thereof to be payable not more than thirty (30) years
after the levy of the Assessments. The first installment of the Principal Assessment
Amounts Payable, plus one year interest thereon until December 31 of the year in
which the first installment is to be paid, shall be included in the first tax rolls
completed after it becomes due and payable, and shall be paid in the same year as the
taxes contained therein, and to each subsequent installment shall be added interest for
one year on the remaining unpaid installments which shall be paid in a like manner.
The Parties agree that, notwithstanding anything in this Agreement to the contrary,
the Deferred Assessment and interest thereon must be paid in full no later than July 5,
2041. In the event that the Deferred Assessment has not been paid prior to July 5,
2036, the Principal Assessment Amounts Payable shall be payable in five (5) annual
installments commencing January 1, 2037, together with interest thereon at the rate of
five percent (5%) per annum and payable over the next five (5) years.
4. PREPAYMENT. The Landowner may, at any time, pre -pay in full or in part the
Deferred Assessment.
5. WAIVER. The Landowner hereby accepts the Assessment and hereby waives the right
to object or appeal the Assessment pursuant to Minn. Stat. § 429.081 and further
waives notice of hearing on this Agreement.
6. BINDING EFFECT. This Agreement shall be binding upon and inure to the benefit of
the Parties' heirs, successors and assigns, and shall run with the land.
LANDOWNER:
XXXXXXX
YYYYYYY
CITY OF EAGAN:
By: Mike Maguire
Its: Mayor
By: Christina M. Scipioni
Its: City Clerk
3
aei
STATE OF MINNESOTA )
) SS.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of July 2011, by
, husband and wife.
Notary Public
STATE OF MINNESOTA )
) SS.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of July 2011, by
Mike Maguire and Christina M. Scipioni, the Mayor and City Clerk of the City of Eagan, a
Minnesota municipal corporation, on behalf of the municipal corporation.
Notary Public
APPROVED AS TO FORM:
City Attorneys' Office
Dated:
Public Works Department
Dated:
THIS INSTRUMENT WAS DRAFTED BY:
Severson, Sheldon, Dougherty & Molenda, P.A.
7300 West 147`" Street, Suite 600
Apple Valley, Minnesota 55124
(952) 432-3136
(Project 1033)
(KJP: 206-29976)
4
30
Agenda Information Memo
August 1, 2011 Eagan City Council Meeting
O. LOT 1, BLOCK 1 GOPHER EAGAN INDUSTRIAL
PARK 3RD/ 6TH ADDITIONS
DRAINAGE & UTILITY EASEMENT VACATION
ACTION TO BE CONSIDERED: Reschedule the Public Hearing to August 16, 2011 to
consider Vacating Public Drainage & Utility Easement on Lot 1, Block 1 Gopher Eagan
Industrial 3`d Addition and Lot 1, Block 1 Gopher Eagan Industrial Park 6th Addition.
FACTS:
• On May 18, 2011, City staff received a petition from John Tapper, representing Gopher
Resource Corporation, requesting the vacation of all public drainage & utility easements
within Lot 1, Block 1 Gopher Eagan Industrial 31-d Addition and Lot 1, Block 1 Gopher
Eagan Industrial Park 6th Addition.
• Public easements were dedicated with the original platting of these lots to provide for
public drainage and utilities.
• The purpose of the request is to allow the recording of a re -plat of the properties. The
vacation of the easements would clean up the proposed plat by avoiding any underlying
recorded dedications.
• On June 7, the City Council scheduled a public hearing to consider the requested vacation
to be held on July 5.
• The required notices were published in the legal newspaper for the originally scheduled
July 5 public hearing.
• The re -plat of these properties (Gopher Eagan Industrial 8th Addition), was approved by
the City Council on July 5, but the public hearing action for the vacation of easements
was inadvertently omitted from the Council action in conjunction with the re -plat.
Subsequently, a new public hearing must be rescheduled and properly advertised again to
provide an opportunity for potential public comment.
• The new plat has not yet been filed with Dakota County, and will address all necessary
public drainage & utility easements on this property.
• Notices were sent to all potentially affected private utility companies for comment prior
to the originally scheduled public hearing. No objections to the proposed vacation were
received.
• Notices will be published in the legal paper to accommodate a rescheduled public
hearing.
ATTACHMENTS:
• Legal Description/ Graphic, page
• Location Map, page.
ji
DENOTES EASMEN'IS TO
BE v,C TED
YANKEE DOODLE RD. (CO.RD.)
I
No 2W
5/28/201`
Cily of Evan
Engineering Department
Proposed Drainage and Utility Easement Vacations
Lot 1, Block 1, Gopher Eagan Industrial Park 3rd Add. &
Lot 1, Block 1, Gopher Eagan Industrial Park 6th Add.
Fig. 2
494
YANKEE DOODLE RD.
tl
G\Easenent
DIFFLEY ROAD
5/28/2011
sq> City of EaRau
Engineering Department
Proposed Drainage and Utility Easement Vacations
Lot 1, Block 1, Gopher Eagan Industrial Park 3rd & 6th Add.
Location Map
Fig. 1
Agenda Information Memo
August 1, 2011, Eagan City Council Meeting
P. Approval of Contract between the City of Eagan and Check Diversion
Program, LLC (CDP) previously known as Financial Crimes Services (FCS)
ACTION TO BE CONSIDERED:
Approve a contract allowing CDP to investigate minor check crimes and/or collect
restitution from persons who pass Non Sufficient Fund (NSF) checks to city merchants or
private citizens.
FACTS:
• In July 2008, the City of Eagan entered into an agreement with FCS to investigate
minor check crimes relating to losses by Eagan businesses. That agreement
expires on August 31, 2011.
• As of September 1, 2011, FCS will begin doing business as Check Diversion
Program, LLC (CDP). The attached agreement is consistent with the 2008
contract which was reviewed by the City Attorney's Office and approved at the
July 1, 2008, Eagan City Council Meeting. The new agreement updates the
business name.
• CDP is an alternative to police investigations.
• CDP provides privatized investigative services and restitution remedies.
• There is no cost to the city.
• The Eagan Police Department will review all checks prior to CDP beginning an
investigation.
• The Dakota County Chamber of Commerce was instrumental in bringing FCS to
Eagan in 2008 and continues to be supportive of the CDP.
• Only the agreement with CDP is attached. If the Mayor and Council wants to
view the attachments referenced in the document, they will be available through
the Police Department.
ATTACHMENTS:
A copy of the agreement with CDP on pages
CHECK DIVERSION PROGRAM, LLC
WORTHLESS CHECK DIVERSION AGREEMENT
1. Contractual Agreement:
This Agreement is made and entered into this 15th day of August 2011, by and
between the City of Eagan ("Jurisdiction" hereafter), State of Minnesota, and
Check Diversion Program, LLC ("CDP Services" hereafter) of 415 Main Street,
Red Wing, Minnesota, 55066.
2. Purpose:
The purpose of this Agreement shall be to implement a Worthless Check
Diversion Program (Minnesota State Statute 628.69 attachment A) for the
Jurisdiction.
This program provides an alternative to criminal prosecution of individuals who
issue worthless check(s) to citizens, merchants and businesses. The program
will assist the Jurisdiction and its law enforcement agency in processing
worthless checks. CDP Services will also assist in the criminal investigation and
prosecution of individuals issuing worthless checks. This program will provide
that the victim is paid full restitution from the offender who has issued the
worthless check along with financial training for the offender (offender defined in
section 4, B). Individuals who have written a worthless check(s) may voluntarily
participate or who have been court ordered to enroll in this Worthless Check
Diversion Program. By enrolling into the Worthless Check Diversion Program
offenders will be diverted (Minnesota State Statute 628.69) from criminal or civil
prosecution, provided they make full restitution, pay all service fees (see section
4, D) and complete required training class. CDP Services will assist the
Jurisdiction Attorney's office or designee and victims of worthless checks in
working with individuals writing these worthless checks to obtain full restitution
for victim(s) that are defined as non -sufficient funds (NSF) checks or account
closed (AC) checks.
3. Contract Terms:
This Agreement shall be in force for a period of three (3) years, from the
beginning date of Agreement signed by the Jurisdiction and shall be
automatically renewed for one year terms.
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CHECK DIVERSION PROGRAM, LLC
WORTHLESS CHECK DIVERSION AGREEMENT
4. Definitions:
A. Victim — the business or person who accepted a worthless check for
goods or services and suffered the financial Toss.
B. Offender — the individual or participant who passed the worthless
check(s) and has enrolled in the Worthless Check Diversion Program voluntarily
or has been ordered by the Court to complete the Worthless Check or other
diversion programs.
C. Restitution Recovery — Dollar recovery of face value (or written amount)
of a dishonored check(s), property damage, as well as administrative fees, civil
penalties, bank fees as appropriate and law enforcement costs.
D. Worthless Check Diversion Fees Defined
1) Financial Training Class Fee, 4-6 Hours $140.00
2) NSF Merchant Service Fee (Gifted to CDP Services, as Provided in Section 8, A) $ 30.00
3) Individual Requests a Payment Plan Beyond 30 Days (One-time Account Set-up Fee) $ 25.00
4) Late Payment Fees (Discretion Used and Not Accumulative Over $75.00) $ 25.00
5) Interne/Electronic NSF Return Processing Fee (Returned Restitution Payment as NSF) $ 32.50
6) Creating a monthly payment book or pre -authorized debit payment book (Optional) $ 15.00
7) Credit Card Payment Processing Fee ((Optional) $ 7.50
8) Electronic Check Processing Fee (Optional) $ 7.50
9) Rescheduling of Training Class Fee (Number Times Permitted is Three Times) $ 20.00
10) Home Study CD or online training $ 20.00
11) Mailing fees incurred by CDP services (US Postal Rates)
5. Jurisdiction Requirement:
The Jurisdiction's Attorneys Office (including designated personnel) retains the sole
discretion and authority (as defined in the "Financial Services Regulatory Relief Act of
2006 attachment A) to decide which worthless check(s) submissions shall be placed in the
Worthless Check Diversion Program and which shall be retained for criminal
investigation and/or prosecution.
6. CDP Requirement:
CDP Services agrees to provide the following professional services to the Jurisdiction in
a timely and efficient manner:
A. Perform daily operations and management of all clerical and accounting
functions related to processing worthless check writers (NSF checks and account closed
checks) submitted by the Jurisdiction's Worthless Check Diversion Program.
B. Generate letters to worthless check writers and follow through with respect to
processing payments for restitution. Disbursement recovered restitution funds for the
Page 1 2
��Q
CHECK DIVERSION PROGRAM, LLC
WORTHLESS CHECK DIVERSION AGREEMENT
victim's. Restitution also includes payment of all administrative fees, and the payment of
CDP Services education training class fees. (See Section 4, D)
All offender payments shall be deposited into a designated bank trust account on behalf
of the Jurisdiction Victims. This account and all its funds are to be disbursed as defined
in section 4 item "C" of this agreement.
C. Provide necessary correspondence and follow-up, if needed, by telephone and
responding to inquiries of victims and offenders.
D. Properly maintain all physical files, financial records, documentation, reports,
computer files, etc. for a period of no more than six (6) years.
E. Provide voluntary in person, online, or home study check offender financial
management education classes with meaningful information and lessons for offenders
regarding criminal consequences of property crimes, as well as focus on personal
management of checking accounts and basic budgeting
F. Schedule offender training classes and/or provide home study course.
G. Maintain records of offenders making restitution, payment of fees, attendance
records of offenders completing as well as failing to attend the training session.
H. Maintain records of payment to the victims.
I. Provide reports to the Jurisdiction; annual offender report, completed offender
classes, and related reports as required by the Jurisdiction and law enforcement.
J. Worthless check writers who fail to respond to the Worthless Check Program or
refuse to voluntarily enroll into the program or to complete the training program as
voluntarily agreed upon or by court ordered and/or who fails to make full restitution are
considered to be non-compliant individuals. These individual listings will also be made
available to the Jurisdiction and its designees for follow-up and for further review and
appropriate action.
K. CDP Services on behalf of the Jurisdiction will provide reports as required by MN
Statue 628.69 Subd 7.
L. CDP to provide letters for Jurisdiction approval and sign off (Attachment B.)
7. Victim recovery:
A. Face value of the worthless check(s) submitted and related victim expenses
(bank fees and any mailing cost) identified at the time the worthless check is submitted
to CDP Services and when recovery of restitution is made from the individual
responsible for the worthless check.
Page 3
37
CHECK DIVERSION PROGRAM, LLC
WORTHLESS CHECK DIVERSION AGREEMENT
8. Check Diversion Program governed by (attachment A):
A. Minnesota Statutes, section 604.113.
B. Minnesota Statute 609.535
C. Minnesota Statute 628.69
D. Financial Services Regulatory Relief Act of 2006
9. Jurisdiction has no financial liability:
It is understood and agreed by and between the parties that CDP Services will bear all
financial liability for all aspects of its operations under this Agreement.
10. Termination of this agreement:
A. This Agreement may be terminated at any time, without cause, by either party
upon 30 days written notice to the authorized agent of the Jurisdiction or CDP Services.
B. This Agreement may be immediately terminated by the Jurisdiction at any time if
the Jurisdiction determines that CDP Services, (see section 18 of this Agreement) is
acting, or has acted at any time during the term of this Agreement, in direct and clear
violation of state or federal law.
11. Amendments or Material Modification:
All amendments or modifications to this Agreement must be in writing and approved by
both parties. Email may be an acceptable means of communication.
(fill in mailing address)
Check Diversion Program, LLC
415 Main Street
Red Wing, MN 55066
Att: Scott Adkisson
12. Jurisdiction Has No Obligation to Victims:
CDP Services and victims who participate in this program fully understand that the
Worthless Check Diversion Program is providing a public service and the Jurisdiction is
held harmless and has no liability to make recovery of any check(s) or obligated to take
criminal action against offender(s).
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CHECK DIVERSION PROGRAM, LLC
WORTHLESS CHECK DIVERSION AGREEMENT
13. Criminal Action:
The Jurisdiction's Attorney's office may choose to prosecute offender(s) at its sole
discretion. In the case where the offender fails to participate or complete Agreements
with CDP Services and victim(s) the Jurisdiction shall determine appropriate action to
take with the worthless check writer, including criminal prosecution or other action
determined by the Jurisdiction's Attorney's.
14. Hold Harmless and Indemnification:
CDP Services and its subcontractors shall save and protect, hold harmless, indemnify
and defend the Jurisdiction and its Attorney's Office including their officers and
employees against any and all claims, causes of action, suits, liabilities, losses, charges,
damages or costs and expenses arising from or allegedly arising from, or resulting
directly or indirectly from any professional errors and omissions and/or negligent or
willful acts or omissions of CDP Services and its employees and agents, in the
performance of this Agreement.
15. CDP SERVICES as Independent Contractor:
A. Nothing contained in this Agreement is intended to or shall be construed in any
manner as creating or establishing the relationship of employer/employee between the
parties. CDP Services shall at all times remain as independent contractor with respect
to the services to be provided under this Agreement.
B. The Jurisdiction shall be exempt from payment of all unemployment insurance,
FICA, retirement, life and medical insurance and workers' compensation insurance for
any and all of CDP Services employees and agents. Payment of insurance premiums,
tax withholding, and all other benefits are strictly CDP Services responsibility.
16. Subcontractor:
CDP Services shall retain the right to subcontract any portion of the work to be
performed under this Agreement. CDP Services may specifically assign processing of
checks or payment processing operations (credit, check, debit electronic check, remote
deposit, wire transfers, check representment processors, invoicing or billing processors)
to increase efficiencies. In addition CDP Services may assigned this complete
Agreement to a new company, provided the Jurisdiction Attorney agrees to the
assignment. CDP Services shall be the sole responsible party for any and all expenses
relating to an assignment of this Agreement
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CHECK DIVERSION PROGRAM, LLC
WORTHLESS CHECK DIVERSION AGREEMENT
17. Data Practice:
CDP Services agrees to comply with the Minnesota Government Data Practices Act and
all other applicable state and federal laws relating to data privacy or confidentially.
CDP Services will immediately report to the department head signing this agreement any
request from third parties for information relating to this agreement. The Jurisdiction
agrees to promptly respond to inquiries from CDP Services concerning data request.
CDP Services agrees to hold the Jurisdiction, its officers, department head and
employees harmless from any claims resulting from the CDP Services unlawful
disclosure or use of data protected under state and federal laws.
18. Compliance with the Law:
CDP Services agrees to abide by the requirements and regulations of The American
with Disabilities Act of 1990 (ADA), the Minnesota Human Rights Act (Minn. Stat.
C.363). Civil Rights Ordinance (Ch. 139), and Title VII of the Civil Rights Act of 1964.
These laws deal with discrimination based on race, gender, disabilities, religion, and with
sexual harassment, the Jurisdiction agrees to promptly supply all necessary
clarifications. Violation of any of the above can lead to the termination of this
Agreement.
19. Entire Agreement:
This entire Agreement supersedes any and all other Agreements, either oral or written,
between the parties hereto with respect to the subject matter hereof, and contains all of
the Agreements between the parties with respect to said matter. Each party to this
Agreement acknowledges that no representations, inducements, promises, or
Agreements, oral or otherwise, have been made by either party which is not embodied
herein, and that no other Agreements, statements, or promises not contained within this
Agreement shall be valid or binding. All provision contained within this Agreement shall
be valid or binding. The laws of Minnesota and the United States of America shall
govern all provisions within this Agreement.
20. Audits and Inspections:
The Jurisdiction's Attorney's office or designated representative or other governmental
agency exercising regulatory function over the business activities, while exercising
reasonable, non -disruptive procedures, may inspect CDP Services records at anytime.
21. Insurance:
CDP Services and/or its subcontractors agree to provide and maintain, at its own cost
and at all times during its performance under this contract until completion of the work,
such liability insurance coverage as is set forth below, and to otherwise comply with the
provision that follow:
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CHECK DIVERSION PROGRAM, LLC
WORTHLESS CHECK DIVERSION AGREEMENT
A. Workers Compensation: Workers Compensation insurance in compliance with all
applicable statutes.
B. Auto Insurance (Owned and un -owned auto)
C. General Liability: "Commercial General Liability Insurance" (Insurance Service
Office policy form title), or equivalent policy form, providing coverage on an "occurrence",
rather than on a claims made basis, the policy for which shall include, but not limited to,
coverage for bodily injury, property damage, personal injury, contractual liability (applying
to this contract), Independent Contractors, and Products -Completed Operations Liability.
Coverage for explosions, collapse and underground Hazards shall not be included.
Such a policy shall name the Jurisdiction as additional insured hereunder, and shall
apply on a primary basis with respect to any similar insurance maintained by the
Jurisdiction, which other insurance of the Jurisdiction, if any, shall apply excess of CDP
Services insurance and not contributed therewith.CDP Services
Such Commercial General Liability insurance policy shall provide a combined single limit
in the amount of at least $2,000,000 (two million) Each Occurrence, applying to liability
for bodily injury and property damage, and a combined single limit of at least the same
amount applying to liability for Personal injury and Advertising injury. Such minimum
limits may be satisfied by the limit afforded under Firm's Commercial General Liability
Insurance Policy, or by such Policy in combination with limits afforded by a Umbrella or
Excess Liability Policy (or policies); provided, that the coverage afforded under any such
Umbrella or Excess Policy is at least in all material respects as broad as that afforded by
the underlying Commercial Liability Policy, and further that the Jurisdiction is included as
an additional Insured thereunder.
Such Commercial General Liability Policy and Umbrella or Excess Liability Policy (or
policies) may provide aggregate limits for some or all of the coverage afforded
thereunder, so long as such aggregated limits are not at any time during which such
coverage is required to be maintained hereunder reduced to Tess than the required Each
Occurrence limited stated above, and further, that the Umbrella or Excess Liability
provides from the point that such aggregate limits in the underlying Commercial General
Liability Policy become reduced or exhausted. An Umbrella or Excess Liability Policy
which "drops down" to respond immediately over reduced underlying limits, or in place of
exhausted underlying limits, but subject to a deductible or "retention" amount, shall be
acceptable in this regard so long as such deductible or retention amount does not cause
the firm total deductibles or retention for Each Occurrence to exceed $10,000.
D. Professional Liability: Professional or ("Errors & Omissions")
Liability Insurance in the amount of at least $1,000,000 Each Occurrence (or "Wrongful
Act" or equivalent) and if applicable, Aggregate, covering CDP Services Liability for
Page 1 7
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CHECK DIVERSION PROGRAM, LLC
WORTHLESS CHECK DIVERSION AGREEMENT
negligent acts, errors, or omissions in the performance of professional services in
connection with this Agreement. CDP Services Professional Liability Insurance may
afford coverage on an occurrence basis or on a claims basis. It is however,
acknowledged and agreed by the CDP Services that under claims -made coverage
changes in insurers or in insurance policy forms could result in the impairment of the
liability insurance protection intended for the Jurisdiction hereunder. CDP Services
therefore agrees that it will not seek or voluntarily accept any such change in its
Professional Liability Insurance coverage if such impairment of the protection for the
Jurisdiction could result: and further, that it will exercise its right under any Extended
Reporting Period" ("tail coverage") or similar claims -made policy option if necessary or
appropriate to avoiding impairment of such protection.
22. CDP Services further agrees that it will, throughout the entire period of three (3)
years:
1. Advise the Jurisdiction on any intended or pending change in Professional
Liability insurance or in policy forms, and provide the Jurisdiction with all pertinent
information that the Jurisdiction may reasonably request to determine compliance with
this paragraph.
2. Advise the Jurisdiction of any claims or threat of claims that might reasonably be
expected to reduce the amount of such insurance remains available for the protection of
the Jurisdiction.
THEREFORE: IN WITNESS OF, the parties have executed the Agreement as of the data first
written above
Check Diversion Program, LLC, (CDP Services)
By
(Scott Adkisson , President)
Attachment A Laws
Attachment B Template Series Letters (3)
City of Eagan
By
(Mayor)
Page 1 8
Agenda Information Memo
August 1, 2011 Eagan City Council Meeting
OLD BUSINESS:
A. NICOLS RD WEIGHT LIMIT RESTRICTION
ACTION TO BE CONSIDERED:
1) Remove the existing 4 ton per axle load limit restriction for Nicols Rd from
Silver Bell Rd to the Burnsville City limits;
OR
2) Direct the City Attorney to draft an ordinance for further consideration
restricting weight limits to 4 tons per axle on Nicols Rd from Silver Bell Rd
to the Burnsville City limits.
FACTS:
• Blackdog Rd is a two lane blacktop road that runs for a distance of 3.7 miles
adjacent to the Minnesota River between I -35W in Burnsville and Nicols Rd in
Eagan. It was originally constructed to provide access to the Black Dog Power
Plant (BDPP). While the road historically has flooded periodically during spring
snow melt, the spring flooding of 2010 resulted in the western segment of the
road being permanently closed (Black Dog Plant to 35W).
• In addition to the Nicols Rd access on the eastern side, the BDPP has a
secondary/alternate access to the south through a local residential neighborhood in
Burnsville. This route has been used many times during periods when river
flooding has closed Black Dog Rd. The City of Burnsville would like to construct
a new permanent year round access by extending 12th Ave from their industrial
park down to the BDPP at an estimated cost of $5.5 million.
• As an existing coal fired power plant, the ongoing operation of the BDPP
generates approximately 20-30 truckloads per week of Fly Ash (an inert residual
byproduct of the combustion process). Due to weight limit restrictions on Nicols
Rd, the secondary alternate access through the Burnsville neighborhood is being
used for Fly Ash removal as well.
• Earlier this year, Xcel Energy submitted an application to the Public Utilities
Commission (PUC) to both expand the power generating capacity of the Black
Dog plant in Burnsville and to convert the facility's fuel source from coal to
natural gas. This estimated $600 million expansion and conversion project is
planned to begin in 2012 and be completed by 2015. The demolition of the old
coal facilities would be completed by 2019. Once completed, there will be little to
no Fly Ash byproduct.
• At its March 15, 2011 meeting, the Eagan City Council authorized the posting of
4 ton per axle Load Limit Restrictions on Nicols Rd from Silver Bell Rd to
Burnsville out of concern for the impact that the rerouting of the BDPP truck
traffic might have on Nicols Rd, especially during the spring thaw and flood
season.
Agenda Information Memo
August 1, 2011 Eagan City Council Meeting
OLD BUSINESS:
A. NICOLS RD WEIGHT LIMIT RESTRICTION
(CONTINUED)
• Mn Statute 169.87, Subd 1(a) empowers local authorities to prohibit the operation
or impose weight restrictions on vehicles whenever the road will be seriously
damaged by reason of deterioration or climatic conditions unless the permissible
weights are restricted.
• Subsequent to the preventative load limit restrictions being placed, the City's
Transportation and Operations Engineer had a detail structural weight bearing
analysis performed by a soils engineering consultant. The result of the study
indicates that the current subsurface and pavement structure of Nicols Rd. can
accommodate 10 ton per axle loads.
• Xcel Energy and their trucking contractor, LaFarge North America, have now
submitted letters requesting that the Council remove the current weight limit
restrictions thereby allowing the ongoing Fly Ash removal operation to use Nicols
Rd.
• In addition to the current Fly Ash truck traffic, the expansion/conversion project
will require approximately 60,000 truckloads of additional fill to be brought into
the site. Xcel plans to also use Nicols Rd as a designated route for this
construction traffic.
• Xcel and Burnsville have not reached an agreement for financing the construction
of the permanent year round access (12`h Ave. extension) or the refurbishment of
the west end of the Black Dog Rd for construction access. Absent an agreement
with Burnsville, Xcel plans to use Nicols Rd for all their access needs, which
requires the current load limit restrictions to be removed.
• Burnsville would like to construct and provide adequate access to the BDPP
through their city eliminating the need for the Nicols Rd access through Eagan.
However, this requires Xcel to financially participate in those construction costs,
which have not been agreed to yet.
• Mn Statute 169.87, Subd 1(c) allows Municipalities to prohibit the operation of
trucks or other commercial vehicles, or impose weight limitations on local roads
by ordinance without any structural or pavement condition criteria.
ATTACHMENTS:
• LaFarge Request, page yS
• Xcel Request, pages 14/4 through j'
4�
LAFARGE
NORTH AMERICA
Cement
Tom Colbert
Director of Public Works
City of Eagan
3830 Pilot Knob Road
RE: Weight Restriction — Nicols Road
Dear Mr. Colbert,
7-20-2011
I'm writing this letter on behalf of Lafarge North America. Lafarge has been a tax paying company in the City of
Eagan since 1989 when they purchased National Minerals Corporation.
Lafarge's primary business is supplying cementitious (cement, fly ash, slag) materials to ready mix and concrete
products producers along with concrete pavers.
Lafarge has had an agreement with Xcel Energy for over the past 25 years to market their fly ash produced at
the Blackdog Generation Station. Lafarge has a fleet of trucks used to haul the fly ash out of the Blackdog
station. Currently the only access into the station is off of Hwy 13 to Silver Bell Road, Silver Bell to Nicols
Road, which transitions into Blackdog Road. The section of Nicols Road on the route into the stations is
currently posted to a maximum of 4 tons/axel, which significantly reduces the amount of material were able to
haul.
In terms of annual truck loads, without the weight restriction it takes approximately 1,200 truck Toads/year to
remove the annual fly ash production from the station. With the current weight restrictions in place, it will take
4,300 truck loads. Our fuel cost alone will jump from approximately $24,000/year to $86,000/year. Lafarge
prides it's self in being a green company but in this case were NOT.
I'm asking the city commission to please review their decision on the current weight restriction to see what can
be done to increase the allowable weight on Nicols Road.
I'm available for a meeting to discuss if needed.
Sincerely,
Ma Strawn
Operations Manager
Lafarge North America
RIVER REGION
West Central Sales
855 Apollo Road, Eagan, MN 55121
Office: (800) 437-5980 (651) 681-0470 Fax: (651) 681-9532
45-
Xcel Energy°
3000 Maxwell Avenue
Newport, Minnesota 65065-1001
July 25, 2011
City Council
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
Re: Request to Lift 4 -Ton Axle Load Limit Restriction for Nichols Road from
Silverbell Road to Burnsville Corporate Limits
Dear Cotmcil Members:
Requested Action
Xcel Energy respectfully requests that Eagan City Council (Council) lift the 4 -ton axle
load limit restriction for Nichols Road from Silverbell Road to the Burnsville Corporate Limits
that Council imposed on March 15, 2011.
Background
On March 15, 2011, Council voted to impose a 4 -ton axle load limit restriction for
Nichols Road from Silverbell Road to the Burnsville Corporate Limits effective March 16, 2011.
Prior to March 15, no special weight restrictions were in place aside from standard seasonal
restrictions. The 4 -ton load limit restriction was implemented based upon the recommendation of
Public Works Director Colbert due to his concern that greater weights could damage the road
because it has been constructed on weaker subgrade soils. Mr. Colbert subsequently contracted
with American Engineering Testing, Inc. (AET) to perform pavement surface testing and provide
an engineering analysis of the present condition of Nichols Road. AET completed its work and
the July 12, 2011 AET report is attached as Appendix A. AET concludes that the Nichols
roadway structure is capable of carrying 10 -ton equivalent single axle loads over an
approximately 20 -year design period. Additionally, Xcel Energy engaged Braun Intertec (Braun)
to review the AET testing data. Braun confirms AET's findings and notes that Nichols Road is
structurally capable of supporting at minimum 10 -ton loads even during spring conditions. A
copy of the Braun report is attached as Appendix B. On July 14, 2011, Mr. Colbert spoke with
Colette Jurek, Xcel Energy's Community Relations Manager, concerning AET's report. Mr.
Colbert confirmed to Ms. Jurek that based upon the AET report, he agrees that there is no
structural concern or reason to keep the road restrictions in place.
City Council
July 20, 2011
Page 2
Reasons for Requested Action
Nichols Road provides critical truck access adjacent to the Black Dog generating plant on
Black Dog Road. Truck access from the Black Dog plant over Nichols road is essential for daily
operation of the Black Dog plant and the pending construction related to repowering the plant
from coal to natural gas. Historically, Xcel Energy had truck access to the Black Dog plant from
Black Dog Road and Nichols Road; however, flood damage to a bridge on Black Dog Road has
highlighted the importance of Nichols Road as a crucial access to the plant.
Council minutes reflect that Council's March 15, 2011 action imposing a 4 -ton per axle
load limit restriction was based solely upon Public Work Director Colbert's concern that the road
was constructed upon low grade soils. The July 12, 2011 AET report completely dispels this
concern. Pursuant to the AET report, Nichols Road is capable of carrying at minimum 10 -ton
equivalent single axle loads over an approximately 20 year design period. The AET report also
indicates a surface treatment that could include chip sealing or a thin milling overlay are
warranted within the next one to five years, but such maintenance is consistent with Eagan's plan
for Nichols Road rehabilitation in 2014. Public Work Director Colbert confirmed with Xcel
Energy that there is no structural basis for maintaining the present 4 -ton load limit restriction.
Minn. Stat. § 169.87(d)(1)(a) provides that local authorities may impose vehicular weight
restrictions whenever a roadway may be seriously damaged or destroyed by reason of
deterioration, rain, snow, or other climatic conditions. Council's March 15, 2011 action was
taken in furtherance of this goal. The city -commissioned AET report has now confirmed that no
weight limit restriction is necessary to prevent damage or destruction of Nichols Road.
Accordingly, there is no longer a structural or statutory basis for maintaining the current 4 -ton
load limit restriction.
Open and unrestricted access over Nichols Road is essential to the operation of the Black
Dog plant. Lack of such access could not only jeopardize the pending repowering project, but
daily operation of the plant as well. Recognizing the importance of Nichols Road to operations at
the Black Dog facility, Xcel Energy is committed to being a good steward within the Eagan
community. As such, Xcel Energy has previously offered to enter into an agreement with the
City whereby Xcel Energy would pay for surface repair of Nichols Road during the repowering
project as well as a mill and overlay of Nichols Road once the project is complete. Such an
approach would maintain and improve Nichols Road at no cost to City and preserve Nichols
Road as a critical access to Xcel Energy's Black Dog plant.
City Council
July 20, 2011
Page 3
As there is no structural basis for imposing weight restrictions on Nichols Road, Xcel
Energy respectfully requests that City Council lift the Nichols road 4 -ton axle load limit
restriction.
4082973v1
Sincerely,
4a
Jim Zy
Plant D Vector
AMERICAN
ENGINEERING
TESTING, INC,
July 12, 2011
Mr. Tim Plath
Transportation & Operations Engineer
City of Eagan
3830 Pilot Knob Rd
Eagan, MN 55112
RE: Pavement Testing and Analysis
Nicols Road
Eagan, Minnesota
AET Project No. 28-00396
Dear Mr. Plath:
Anc1 R"
CONSULTANTS
• ENVIRONMENTAL
• GEOTECHNICAL
• MATERIALS
• FORENSICS
You have requested American Engineering Testing, Inc. (AET) to test the pavement surface of Nicols
Road using our Falling Weight Deflectometer (FWD), analyze the results and provide an engineering
analysis of the present condition of Nicols Road in the City of Eagan, Minnesota.
This report reviews the surface condition of the inplace roadway, measures load carrying Capacity based
upon FWD deflection testing services performed by AET and the MnDOT bituminous pavement design
procedure and provide an assessment of predicted future performance.
Based upon as -built construction plans, developed
by Metropolitan Waste Control Commission and
dated 5.30.1998, the in-place pavement structure
from Silver Bell Road to the railroad crossing
consists of 4 inches of bituminous over 10 inches
of 100% crushed Class 5 Aggregate Base and
from the RR crossing to TH 77 a structure
consisting of 6 inches of bituminous over 10
inches of crushed Class 5 Aggregate Base. We
calculated design GE's (Granular Equivalent) of
19 inches and 22.5 inches, respectively, for the
two pavement sections.
From the most recent pavement condition survey available the Pavement Condition Index (PCI) is 56 on a
100 point scale. According to ASTM D6433-07 the Ovement is in fair to poor condition. In general
terms a collector or local road with a pavement condition index between 50 and 70 can be expected to
require rehabilitation in the next 1 to 5 years.
550 Cleveland Avenue North! St. Patti, MN 55114
Phone 651-659-90011 Toll Freo 800-972-63641 Fax 651.659-13791 www.amengtest.colnl AAIEFO
This document shall not he reproduced, 'Mop' In full, wihoul written approval from American Engineeming Testing, Inc.
49.
Based upon a field observation of the roadway the existing pavement surface is generally smooth with the
predominate distress being Iow and medium severity cracking with some high severity cracks. Minor
rutting is evident and can be observed due to snow plow activity removing material from the high spots.
The City of Eagan reported a 2002 traffic count of 1639 vehicles per day (vpd) and that traffic levels are
expected to have diminished due to access modifications.
AET performed Falling Weight Deflectometer (FWD) testing on June 9, 2011. Individual test points
were located at an approximate overall 50 -fool spacing in two passes, one pass in each the north and
south bound roadway directions at a 100 -foot spacing. This testing was performed using a Dynatest 8002
FWD. After seating drops, four impulse loads (two at 6,000 lbs nominal load and two at 9,000 lbs
nominal load) were performed at each test point. The testing was performed in general accordance with
the applicable ASTM Methods.
Results of the deflection tests performed on the asphalt concrete pavement are presented in the attached
table. This analysis back calculated an effective average in-place 85th percentile GB of 26.9 and an in-
place average effective 8511i percentile R. Value of 13,8. Following the MnDOT Bituminous Pavement
Design Procedure our analysis indicates the as constructed in-place roadway structure is capable of
carrying an estimated 600,000 10 -ton Equivalent Single Axle Loads (I3SAL's) over an approximately 20
year design period. When employing the MnDOT design procedure all roadways are considered capable
of carrying 10 ton per axle Toads. The damage from each 10 -ton load repetition is estimated over an
assumed design period.
Our testing, analysis and assessment of the present surface condition indicates a surface treatment, that
could include chip sealing or a thiel mill and overlay are warranted, constructed in the next 1 to 5 years is
adequate to carry the present low volume of traffic for the next 10 to 20 years. Additional surface
treatments may be necessary over this design Life. If traffic levels change we recommend re -analyzing the
test data to assess predicted future performance of the pavement structure.
Authored By: Peer Review Conducted By:
r Jg/444,C6----
Joseorzilius P.
Principal Engineer
I hereby certify that this report was prepared by
me or tinder my direct supervision and that 1 am
n duly Lleensed Professional Engineer under
,Minnesota Statute Section 326.112 to 326.15
Print Nome: Joseph 1'. Kotzllius
Dade: 7//2/ 2 0'1 ,\1:N', License H: 19511
Chunhua Han, PE
Principal Engineer
American Engineering Tesling, Inc.
550 Cleveland Avenue Noah
81. Paul, hlinnesala 55114
Phone: (651)659.9001
Fav: (651)659.1379
MEE
Peer. Day's Avg. Mr Teup.. 72 9F
Total AC: 4.010.
0.112' ESA1.a 71.0
Pru)eWoo Fitton 1.6
Surface Cond111on Ralingl 3.0
Soli Type: P
Draught /Windo en! Factors 1.00
Season.' Correction Factor: (37
TONN
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191 1 10:28 59.0 78.7 6059 4,0 7.9 53 30 2.7 2-2 1.6 1.2 0.9 13.4 13.3 11.6 14.4
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242 1 1116 66.2 32.3 5313 9.4 14.3 10.9 7.9 5.4 3.9 2.5 1.8 1.5 11.0 308 10.1 9.1
242 2 1136 667 33.3 5774 9.0 14.1 10.7 7.8 5.3 3.9 2.3 1.8 1.5 11.1 10.8 10.2 9.2
142 2 33:56 66.2 323 8760 12.7 11.2 16.5 123 3.4 6.2 3.9 2.9 2.4 11.3 11.0 10.4 9.7
242 4 11:36 66.2 213 8749 12.3 20.9 16.1 12.1 8.3 6.2 3.9 28 2.3 11.4 11.1 10.5 9.3
299 1 10:28 39.0 70.7 6146 7.8 12.) 93 73 5.2 3.7 2.3 1.7 1.4 11.6 11.4 10.5 022
299 2 10200 59.0 71.7 6146 7.8 12.3 9.5 7.6 5.2 3.7 23 1.7 1.4 11.7 11.4 10.5 10.3
299 3 10:28 59,0 71.7 9117 12.1 193 15.1 120 0.3 5.8 3.5 21 2.2 11.3 11.3 10.4 9.9
299 4 1018 59,0 71.7 9361 12.1 193 14.9 11.9 8.3 5.9 73 23 2.2 11.6 113 10.1 9.9
342 1 11:35 66.2 84.0 5960 5.3 6.5 5.9 5.3 4.5 3.7 2.8 2.0 1.5 19.3 19.0 17.4 16.9
342 2 11:55 66.7 84.0 3982 5.2 6.4 3.8 5.3 4.5 17 28 2.0 1.5 19.7 19.3 17.7 17.1
342 3 11:33 66.2 5.40 9186 7.9 10.0 9.0 87 6.8 5.7 4.1 2.9 2.2 19.4 19.1 17.5 17.0
342 4 1135 662 84.0 9197 3,0 10.0 9.0 8.0 6.8 3.7 4.1 3.0 2.2 19.1 19.0 17.4 16.9
392 1 10:29 59.0 77.0 6037 5.4 110 6.9 3.0 3.5 21 1.9 1.5 1.2 11.7 11.6 10.4 11.2
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442 I 11:34 64.4 85.8 1E62 4.1 7.0 5.2 4.1 3.0 2.1 1.3 1.1 0.9 153 13.2 13.3 16.1
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409 1 1010 59.0 724 6059 51 98 60 51 3.5 2.6 1.6 ' 1.7 0.9 12.0 11.9 (06 10.9
419 1 10:30 59.0 72.4 0191 3.6 91 6.8 5.1 3.5 2.6 1.6 1.2 1.0 122 12.1 10.7 12.1
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544 1 11:13 64.4 79.9 3796 5.4 10.3 7.5 3.7 4.0 2.9 1.9 1.4 1.1 124 12.2 11.0 11.5
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344 3 1113 63.4 799 9000 8.4 15.5 11.2 8.6 6.0 4.5 2.9 2.1 1.6 12.7 12.5 11.2 11.9
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599 1 1031 39.0 77.1 6146 43 7.2 53 4.4 3.2 2.4 16 1.7 0.9 14.5 14.4 12.6 113
599 2 10:31 59.0 77.1 6168 4.3 7.2 5.5 44 3.7 2:4 1.6 1.2 0.9 14.5 14.5 12.7 15.4
AET Project No. 28-00396
Clients C11y of Eagan
Test Dale: Jun 9, 2011
Iioadssay: Nitols Rd
Fronts Silver
To: 17R
Camra enls
Silva 0911 Rd'
MED. -/1 BANS
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0
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43 3 11:38 614 84.9 8957 19.4 33.7 253 194 12.7 8.7 4.3 2.6 1.9 39 8.6 8.6 6.4
43 4 11:38 64.4 01.9 0968 19.4 33.5 23 2 194 12.8 8.8 43 2.6 1.9 9.0 8.6 3.7 6.3
96 1 1027 60.8 743 6069 5.3 92 7.3 5.3 4.1 3.0 1.8 1.3 1.0 134 13,2 11.8 17.7
96 2 1017 60.8 74.3 601,7 5.5 9.1 7.1 5.7 40 3.0 1.8 1.2 1.1 13.3 13.2 11.8 17.8
96 3 10:27 60.8 74.8 9320 8.0 34.0 10.9 8,8 62 4.7 2.8 7.0 1.6 13.3 133 319 12.3
96 4 10:27 608 71.8 9307 8.8 117 10.9 8.7 6.2 4.7 2.9 20 1.6 136 1).5 120 13.0
148 1 11:37 662 813 5637 7.9 12.3 9.7 7.9 5.8 43 2.8 2.0 1.5 12.7 124 117 10.2
143 2 1117 66.7 84.5 5730 7.9 12.0 9.6 78 17 4.4 2.8 2.0 13 12.9 12.6 11-9 101
143 3 11:37 66.2 84.5 5924 116 19.5 15.3 12.5 9.1 7.1 4.3 3.0 23 17.7 12 3 11.7 10.2
148 4 1117 66.2 33.5 0937 12.5 19.4 15.3 12.5 9.1 7.1 43 3.0 2.3 12.7 124 11.8 10.2
191 1 10:28 59.0 78.7 6059 4,0 7.9 53 30 2.7 2-2 1.6 1.2 0.9 13.4 13.3 11.6 14.4
191 2 10:23 59.0 73.7 0369 4.0 78 33 3.8 2.7 2.2 13 1.2 0.9 134 13.4 11.6 (4.5
191 3 1028 59.0 78.7 9)39 6.0 11A 8.1 3.9 4.1 33 2.4 1.9 1.6 (5.9 13.5 11.7 14.6
191 4 10:33 59.0 73.7 9296 50 11.8 3.0 5.8 4.1 33 2.4 1.9 15 13.6 13.6 11.8 14.7
242 1 1116 66.2 32.3 5313 9.4 14.3 10.9 7.9 5.4 3.9 2.5 1.8 1.5 11.0 308 10.1 9.1
242 2 1136 667 33.3 5774 9.0 14.1 10.7 7.8 5.3 3.9 2.3 1.8 1.5 11.1 10.8 10.2 9.2
142 2 33:56 66.2 323 8760 12.7 11.2 16.5 123 3.4 6.2 3.9 2.9 2.4 11.3 11.0 10.4 9.7
242 4 11:36 66.2 213 8749 12.3 20.9 16.1 12.1 8.3 6.2 3.9 28 2.3 11.4 11.1 10.5 9.3
299 1 10:28 39.0 70.7 6146 7.8 12.) 93 73 5.2 3.7 2.3 1.7 1.4 11.6 11.4 10.5 022
299 2 10200 59.0 71.7 6146 7.8 12.3 9.5 7.6 5.2 3.7 23 1.7 1.4 11.7 11.4 10.5 10.3
299 3 10:28 59,0 71.7 9117 12.1 193 15.1 120 0.3 5.8 3.5 21 2.2 11.3 11.3 10.4 9.9
299 4 1018 59,0 71.7 9361 12.1 193 14.9 11.9 8.3 5.9 73 23 2.2 11.6 113 10.1 9.9
342 1 11:35 66.2 84.0 5960 5.3 6.5 5.9 5.3 4.5 3.7 2.8 2.0 1.5 19.3 19.0 17.4 16.9
342 2 11:55 66.7 84.0 3982 5.2 6.4 3.8 5.3 4.5 17 28 2.0 1.5 19.7 19.3 17.7 17.1
342 3 11:33 66.2 5.40 9186 7.9 10.0 9.0 87 6.8 5.7 4.1 2.9 2.2 19.4 19.1 17.5 17.0
342 4 1135 662 84.0 9197 3,0 10.0 9.0 8.0 6.8 3.7 4.1 3.0 2.2 19.1 19.0 17.4 16.9
392 1 10:29 59.0 77.0 6037 5.4 110 6.9 3.0 3.5 21 1.9 1.5 1.2 11.7 11.6 10.4 11.2
392 2 10:29 59.0 77.0 6059 5.4 10.9 6.9 5.0 3.5 2.8 2.0 1.5 1.2 11.8 11.7 10.5 11.3
392 3 10:29 59.0 770 9763 8.4 16.3 10.5 7.6 3.3 4.2 20 2.2 I.8 12.0 11.8 10.6 11.5
393 4 10:29 59.0 77.0 9274 8.5 16.2 104 7.6 5.3 4.2 10 2.2 1.3 17.0 11.9 106 31.6
442 I 11:34 64.4 85.8 1E62 4.1 7.0 5.2 4.1 3.0 2.1 1.3 1.1 0.9 153 13.2 13.3 16.1
442 2 11:34 61.4 85.8 3905 4.2 6.9 5.1 4.1 3.0 2-3 13 1.1 0.9 15.4 15.4 124 16.3
442 3 11:34 61.4 35.8 9197 6.4 10.7 $.0 6.4 4.7 3.6 2.3 1.7 1.4 15.4 15.3 13.4 16.3
442 4 11:34 61.4 83.6 9263 6.4 10.1 8.0 6.4 4,7 3.7 2.3 1.7 1.4 153 13.3 13.5 16.4
409 1 1010 59.0 724 6059 51 98 60 51 3.5 2.6 1.6 ' 1.7 0.9 12.0 11.9 (06 10.9
419 1 10:30 59.0 72.4 0191 3.6 91 6.8 5.1 3.5 2.6 1.6 1.2 1.0 122 12.1 10.7 12.1
489 3 10:30 59.0 72.4 9307 8.3 14.4 10.3 7.8 3.4 4.0 23 1.8 1.4 12.3 123 10.8 12.3
489 4 10.30 59.0 72.4 9330 8.4 14.3 10.1 7.4 5.4 4.0 11 1.8 1.5 12.4 12.3 10.9 12.4
544 1 11:13 64.4 79.9 3796 5.4 10.3 7.5 3.7 4.0 2.9 1.9 1.4 1.1 124 12.2 11.0 11.5
544 2 11:33 64.4 799 5715 3.5 10.2 7.4 56 3.9 2.9 1.9 L4 1.1 123 12.4 11.1 11.7
344 3 1113 63.4 799 9000 8.4 15.5 11.2 8.6 6.0 4.5 2.9 2.1 1.6 12.7 12.5 11.2 11.9
343 4 11:33 61.4 799 9048 32 05.3 11.2 11-3 6.0 4.5 2.9 7.1 1.7 17.8 12.7 11.4 12.1
599 1 1031 39.0 77.1 6146 43 7.2 53 4.4 3.2 2.4 16 1.7 0.9 14.5 14.4 12.6 113
599 2 10:31 59.0 77.1 6168 4.3 7.2 5.5 44 3.7 2:4 1.6 1.2 0.9 14.5 14.5 12.7 15.4
AET Project No. 28-00396
Clients C11y of Eagan
Test Dale: Jun 9, 2011
Iioadssay: Nitols Rd
Fronts Silver
To: 17R
Camra enls
Silva 0911 Rd'
MED. -/1 BANS
MID. -/RAMS.
MED. •/TRANS
3120. • /FRANS.
Silver Orli rd'
61E0. •/TRANS.
MED. ./TRANS.
MED. • /TRANS
MED. . /6114243.
MED. . MANS.
MED. • /TRANS.
61ED. - /TRANS.
11ED. • /TRANS.
MED. • /TRANS
MED. • /TRANS.
11E1). - /TRANS.
11E0. - /TRANS.
810:0. • /I KANS.
61E12 -/TRANS.
11511. •/TRANS.
MED. - /TRANS.
MED. - /TRANS-
61ED. • /T BANS.
MEn. •/6114245.
MED.- /TRANS.
hIED,. /TRANS.
11111 • /TRANS.
81ED.. /TRANS.
8121. - /TRANS.
MED. - /TRANS.
MED. -/TRANS.
MEM. - (TRANS.
61L•0.-/IRANS.
6110. -/TRANS.
8(ED..?BANS_
1160. • /TRANS.
MED.. /TRANS.
21E0. • /32A615.
8110. - /TRANS.
MED. -/TRANS.
8160. - REAMS.
6110.. /E6148.
MED. - /f RANS
MED. - /TRANS.
MED. -/TRANS.
81E12 • /TRANS.
hIED. • /TRANS.
MEP. • /TRANS.
1180. - /TRANS.
61E0.. /TRANS.
6110. • /TRANS.
133a359124417 00 i•''<? TONN
gallon Drop Tlmi Air °F Olt °F Load D9 DI 01 1)3 104 OS 1136 D7 D8 AASIITO Soil Fad. liv 183 Method Comments
399 3 10:31 390 77.1 9109 6.7 11.0 8.4 6.7 4.7 38 23 1.1 13 14.6 14.6 12.7 15.4 MED. -/TKANS.
599 4 1031 19.0 77.1 9333 63 10.9 8.3 6,6 4.8 3.7 2.4 1.8 1.1 14.6 14.6 12.7 33.3 ME0../i'RANS.
636 1 11:32 63.4 86.3 5815 4.1 8.1 54 4.0 2.8 2.1 1.5 1.2 1.0 13.6 13.6 11.8 144 MED. -/TR/1NS.
636 2 1.132 64.4 86.3 3817 43 8.0 5.3 4.0 7.7 7.3 1.4 1.2 0.9 13.6 13.6 11.9 14.3 MED. -/TRANS.
636 3 11:32 61.4 76.3 9142 63 12.4 8.3 62 4.1 3.4 23 1.7 14 13.8 13.8 12.1 14.7 MED --/TRANS.
636 4 1132 63.4 363 9136 6.3 12.2 7.2 6.7 43 3.3 2.2 1.7 3.4 14.0 13.9 12.1 14.9 ME0.-ORANS.
690 1 10:32 60.8 78.6 6091 4.2 8.9 39 43 2.9 2.2 1.5 1.2 1.0 12.6 12.6 11.0 13.3 34E0. •/88A618.
690 3 1032 60.8 78.6 6102 4.3 8.9 5.9 4.3 3.0 7.3 1.6 1.2 3.0 12.7 22.6 11.0 13.3 61E0. -/88A613.
690 3 10:33 60.8 78.6 9136 64 13.1 8.7 6.4 4.5 3.3 2.4 1.9 1.5 12.9 12.8 11.2 13.5 MEM -/TRANS
690 4 10:32 60,7 78.6 9263 6.5 13.0 8.7 64 4.5 3.5 2.4 38 1.5 130 12.9 11.3 13.6 MED. -/TRANS.
742 3 11:11 614 84.7 3783 6.1 10.3 7.8 6.1 4.3 3.4 2.8 2.4 2.2 333 13.0 11.9 11.1 MED. •/TRANS
742 2 11:31 644 64,7 3796 6.1 104 7.7 60 4.3 3.4 2.8 24 2.2 134 13.2 12.0 13.0 ME0.-/T3.47613.
742 3 11:31 64.4 84.7 9022 9.1 13.4 11.6 9.1 6.4 5.0 3.9 3.4 30 13.5 13.3 13.0 17.3 MED. -!TRANS.
742 4 11:31 64.4 81.7 9077 9.0 35.) 33.3 9.0 63 5.0 39 3.4 10 33.6 11.4 33.1 32.4 MED. -!TRANS.
792 1 10:33 60.8 79.0 6102 53 7.6 60 4.9 3.7 3.0 2.2 1.9 1.6 15.4 15.2 13.3 15.1 MED. •MANS.
791 2 10:33 60.8 79.0 6091 5.2 7.5 3.9 4.9 3.7 3.0 2.2 1.9 1.6 13.4 133 13.6 15.1 MED. -/TRANS
792 3 10:33 60.8 79.0 9363 7.6 113 8.9 7.4 5.6 4.4 3.1 2.6 7.4 154 13.1 133 15.3 MED. -/TRA33.
792 4 10:33 608 79.0 9372 7.6 11.2 69 7.3 5.6 4.4 3.1 2.6 2.4 153 15.4 13.6 13.4 MED. •/RANS.
338 1 1130 61.1 833 3807 7.9 11.6 9.6 1.3 04 5.4 4.3 3.8 3.4 143 13.9 13.3 11.0 MED. -/TRANS.
6.11 2 11:30 614 33.7 5729 7.7 11.1 9.1 7.7 5.9 4.7 7.3 2.7 2.1 13.9 13.6 12.9 11.2 61ED.-/TRANS.
538 3 11:30 64.4 83.7 9110 11.9 17.6 14.4 13.1 9.4 7.7 6.0 5.1 4.3 14.1 1).7 13.1 11.2 h1E0.•/TRANS.
838 4 11:30 63.4 85.2 9164 11.9 17.4 14.3 12.0 9.4 3.7 6.1 3.1 4.4 143 139 13.3 114 MED. -/TRANS.
SS9 1 10:34 60.8 79.5 3982 6.2 10.5 7.8 6.4 4.7 7.8 2.7 2.3 2.1 134 13.2 12.1 11.7 MED. -/TRANS.
859 2 10:34 60.8 19.5 6037 6.3 10.4 1.8 6.4 4.7 33 28 2.3 2.1 13.6 33.4 33.2 12.0 MED, /TRANS.
839 3 10:34 60.3 79.5 9219 9.7 33.3 11.7 9.7 7.2 3.7 4.0 3.3 3.0 13.5 13.5 12.4 123 MED. •/1RANS.
359 4 10:34 60.8 79.3 9330 9.6 ISA 11.7 9.7 7.2 5.7 4.0 3.3 3.0 13.8 13.6 12.4 12.2 MED. -/TRANS.
939 I 11:29 644 85.9 5796 6.0 11.1 7.9 6.1 4.4 3.6 I.8 2.5 2.2 13.0 12.8 11.7 114 ME0.•18RANS.
939 3 11:29 614 85.9 3579 6.1 10.9 7.8 6.1 4.4 3.6 2.7 2.5 22 13.2 130 11.9 11.6 MED. •/TRANS.
939 3 11:29 64.4 83.9 9077 9.0 16.1 13.7 9.1 6.6 5,1 4.1 3.7 3.1 13.3 13.3 11.9 119 7.1E1).•/T14AN31
939 4 1129 61.4 83.9 9153 9.0 161 31,6 9.0 6.5 5.2 4.0 3.3 3.1 33.4 13.2 17.0 12.1 MED. • /TRANS.
987 1 1035 62.6 30.8 6037 63 9.9 30 6.6 3.3 4.2 3.2 2.8 26 14.7 144 133 12.4 MED. -/TRANS
937 2 10:35 62.6 30.8 6018 6.3 9.8 7.9 6.6 5,1 4.2 31 2.8 2.6 34.8 14.3 13.4 12.6 MED. •/TRANS,
977 3 1035 62.6 80.8 9285 9.6 14.8 111 9.9 7.6 6.2 4.7 4.1 3.7 14.7 14.3 133 123 61ED.-/8RANS.
937 4 10:35 62.600 80.7 9253 9.7 34.7 11.8 9.8 7.6 6.1 4.7 4.1 3.7 34.8 1.16 33.4 12.3 MED. -/3RANS.
1039 1 11:78 61.3 S5.3 5935 6.4 12.1 8.4 6.4 4.6 3.8 32 2.9 2.6 12.6 12.3 11.4 10.8 MED. -/TRANS.
1039 2 11:18 63.4 83.1 5949 6.3 12.0 8.4 6.4 4.6 3.8 3.2 2.9 2.6 12.7 12.4 11.5 30.8 MED. -/TRANS.
1039 3 1338 64.4 S53 9110 9.5 17.7 12.4 9.4 6.8 3.6 4.6 4.1 3.6 12.8 12.6 115 31.3 31711-/TRAN4O.
11339 4 11:28 014 33.3 9175 9.4 17.7 12.4 9.4 6.8 5.6 4.5 4.0 3.6 12.9 12.6 33.6 11.3 MED. -/TRANS.
3095 1 10:36 60.5 80.7 6233 6.0 12.3 8.6 67 4.1 3.2 7.3 19 3.7 11.7 11.6 10.4 10.7 MED. - /T8ANS.
1093 2 10:36 60.800 80.7 6124 3.9 11.9 3.4 6.0 4.0 3.1 2.3 1.9 1.7 11.8 11.7 10.5 10.9 MED. • /TRANS.
1097 1 1096 608 80.7 9153 8.9 17.3 13.3 8.9 6.0 4.7 3.4 2.8 2.3 12.0 31.8 10.7 33.0 MER •(FRANS.
1094 4 10:36 60.3 30.7 9136 8.9 173 12.3 8.9 6.0 4.7 3.4 2.3 1.3 12.1 11.9 10.8 11.1 31ED. -/(BANS
1134 1 11:27 62.6 83,2 6015 4.3 3.9 6.4 4.6 3.0 2.3 1.7 1.5 3.3 13.1 13.0 11.4 113 MED. - /TRANS.
3333 2 31:27 62.6 832 6133 4.6 9.3 6.4 4.6 3.0 3.3 3.7 1.5 1.) 33.1 33.0 31.4 11.6 61ED. - /18ANS.
1133 3 11:27 67.6 S3.2 9361 6.8 111 9.4 69 46 3.5 2.5 2.1 1.9 13.1 13.4 11.7 14.1 MED. • ItRANS.
1134 •I 11:27 62.6 732 9394 68 13.0 9.3 61 4.6 13 2.5 3.1 3.9 13.3 133 11.3 14.2 MED. • /TRANS.
1166 RR Tracts'
1373 RR Tiacis`
• AASNTO • Soil Fad - 6 TONN k Inv 183 I
500
Test t.o[R11011, root
1000
American R1101100111% Toting, Inc.
550 Cleveland Avenue Nosh
Sl. Paul, *linnesola 55114
Phar: (651) 659.9001
Fat: (651) 659.1379
MEN
Prey. Day's M1. Air Temps 71 °F
Told AC: 6.01u.
Daily FS./1.s: 74.0
PwI/(0DnPat10T1 26
Surface CondItien Itating: 3.0
Sall Typo P
Draught AdJuttnxnt Factor: 1.00
Seasonal Correcllon Factor: 1.25
ART Project No. 28.00396
C110011 CRT of Eagan
Test Dale: Jun 9, 2011
Roadsuo)l Ntcols Rd
Frons: RR
To: TH 77
;,12scigrtMOW TONN
Station Drop Time Mr °F 1111 °F Load D9 1)1 132 03 1)4 05 176 D7 D8 AASIITO Soil Earl. Inv 183
1178
1208 1 1021 603 79.0 6135 6.1 10.5 7.8 6.0 4.2 3.3 2.4 1.9 1.6 11.9 11.7 12.3 13.0
1203 2 10:37 60.8 790 6146 6A 10.1 7.7 6A 4.2 3.3 2.4 1.9 1.6 14.0 13.9 12.4 13.2
1103 3 10:37 603 19.0 9383 9.4 13.7 118 9.2 6.3 5.2 3.7 7.8 2.4 14.1 13.9 12.3 13.2
1208 4 10:31 60.8 79.0 9103 9.1 1 6.4 11.6 9.1 6.4 5.1 3.6 2.3 2.4 142 140 12.6 13.4
12.11 1 11:26 62.6 84.1 5840 5.3 11.8 7.8 5.5 33 2.8 2,3 1.9 13 12.4 133 11.0 11.7
1241 2 11:26 62.6 84.1 5307 53 11.6 7.7 5.4 3.5 2.8 2.2 1.9 1.8 12.5 121 11.1 11.8
1241 3 11:26 62.6 31.1 3973 8.3 17.3 11.3 8.3 53 4,1 3.1 2.7 2.4 12.3 12.2 10.9 11.9
12.11 4 11:26 62.6 84.1 9022 1.2 17.3 11.6 11 5.2 4.0 3.1 27 1.4 11.5 12.4 11.0 12.1
1293 1 10:30 603 81.2 6001 6.6 113 6.7 6.7 44 3,1 21 2.1 1.9 12.9 12.7 11.3 11.8
1295 2 1028 60.8 31.I 6015 6.5 11.7 8.6 66 4.5 3.4 2.3 2.0 1.9 13.0 17.8 11.6 11.9
1295 3 10:33 603 31.2 9135 10.5 18.5 13.7 10.6 7.2 5.4 3.3 3.0 2.7 12.9 12.7 11.5 11.6
1295 4 10:38 603 81.7 9307 105 18.2 13.6 10.5 7.2 5.4 35 3.0 2.7 15.0 12.3 17.6 11.8
1343 1 11:25 626 83.0 5351 7.4 11.8 8.8 23 5.3 4.9 3.8 3.3 29 14.5 14.1 13.4 11.7
1343 2 ' 11:23 63.6 33.0 5916 7.3 11.8 81 7.2 5,7 4.8 3.8 3.2 2.8 14.6 14.2 13.4 11.9
134) 4 11:25 62.6 83.0 9133 11.4 17.9 13.4 11.0 8.6 1.1 5.4 46 4.0 143 14.2 1)3 12A
1397 1 10:39 59.0 806 6004 63 12.6 9.1 6.7 4.6 36 2.3 2.4 2.1 12.6 12,4 11.3 11.2
1397 2 10:39 59.0 60.6 6001 6.5 12.4 9.0 6.7 43 3.6 28 2.4 2.2 12.7 12.3 11.4 11.3
1397 3 10:39 S9.0 80.6 9088 9.6 18.9 13.6 10.1 6.8 5.3 3.8 3.3 3.0 12.6 12.3 11.2 11.2
1397 4 1039 59.0 30.6 911D 9.6 18.6 13.4 140 63 S.) 3.8 3,3 3.0 12.7 123 1).3 11.4
1441 1 11:24 62.6 83.0 5971 8.9 15.9 11.3 8.9 6.8 5.3 4.8 4.2 17 12.4 12.0 11.7 9.4
1441 2 11:24 62.6 83.0 5949 8.6 153 11.1 8.8 6.7 5,8 43 4.7 3.7 12.5 12.1 11.3 9.6
1441 1 1111 62.6 83.0 0935 12.9 233 16.7 13.2 10.0 8.5 68 5.8 50 123 12.1 11.8 9.6
1443 4 11:24 62.6 83.0 8924 13.2 23.0 16.6 111 10.0 8.5 6.9 5.3 5.0 126 12.2 11.8 9.6
149) 1 10:39 60.5 80.0 5905 7.2 ISA 103 7.6 4.9 3.7 2.8 2.4 2.1 111 10.9 10.1 9.5
1491 2 10:39 60.8 60.0 5916 7.0 14.8 10.4 7.S 4.9 51 23 2.4 2.1 113 11.1 10.3 9.7
1491 3 10:39 63.8 60.0 9011 10.6 21.4 15.1 11.0 7.5 5.5 4.0 3.4 2,9 11.7 11,1 10.5 10.1
1491 4 1039 60.8 600 9022 30.5 21.1 13.0 11.0 7.) 5.6 4.1 3.3 2.9 11.8 11.5 10.6 10.7
1537 1 1113 62.6 81.7 5340 9.6 148 11.7 9.7 7.7 6.6 53 4.5 3.8 133 12.9 123 9.7
1537 2 1123 62.6 81.7 5813 9.6 14.7 11.6 9.2 1.7 6.6 3.4 4.5 3.9 13.5 13.0 130 9.9
1337 1 11:23 626 61.1 5924 14.6 27.3 17.7 14.7 116 9.8 7.6 6.7 5.1 13.3 12.3 13.7 9.8
1537 4 4(33 63,6 81.7 5957 14.4 22.2 175 14.5 11.4 9.7 7.6 6.2 5.2 15.4 11A 128 9.9
1394 1 10:40 60.8 13.0 3495 6.1 11.2 8,2 94 4.6 3.5 23 2.2 1.8 13.2 13.0 11.8 11.9
1591 2 10:40 (0.3 180 5949 5.9 11.2 8.2 6.4 4.6 3.5 2.5 2.1 1.3 13.3 13.1 11.0 12.0
1594 3 10:40 60.8 78.0 9219 3.9 17.0 12.5 9.7 49 5.4 3.1 3.1 2.8 13.4 13.2 12.0 12.2
1591 4 10:40 60.8 78.0 9191 9.2 16.7 12.3 9.6 6.9 3.3 3,7 3.1 2.8 133 13.3 12,0 123
1(03 1 11:22 624 814 3732 91 13.9 11.5 9.1 7.0 6.1 4.9 4.2 3.6 12.7 11.8 11.7 9.1
1633 2 11:22 626 81.4 3.709 9.0 134 11.3 9.0 6.9 6,0 4.9 4 2 3.6 12.4 12.0 11.9 9.2
1633 3 11:22 62.6 81.4 6902 13.6 23.4 17.3 13.3 10.7 9.2 73 6.0 5.0 12.6 12.2 12.0 9.5
163) 4 11:22 67 6 31,1 8937 13.6 23.1 17.1 13.6 106 9.1 7.3 60 5.0 17.7 12.3 12.1 9.6
1693 1 10:11 59.0 79.0 6037 6.1 11.9 8.7 6.6 43 14 2.4 2.1 13 133 12.6 11.4 11.6
1693 2 10:41 59,0 79.0 6037 6.0 11.8 3.6 66 4.5 3.4 2.4 2.1 1.8 12.9 12.7 11.3 11.7
1693 3 1041 59.0 79.0 9121 9.2 17.6 I2.0 9.8 6.8 5.2 3.7 3.0 2,6 13.0 12.8 11.6 11.9
1693 4 10:41 39.0 79.0 9241 9.4 17.5 12.3 9.9 68 5.3 3.7 3.0 7.7 13,2 13.0 11.7 12.0
1748 1 11:21 67.6 82.7 5679 5.0 93 6.7 5,1 3.7 3.0. 2.4 2.1 1.9 14.2 14.1 12,6 134
1748 2 1131 62.600 82.7 5829 4.9 9.6 6.6 5.1 3.7 3.0 2.4 2.1 1.9 14.3 14.1 12.6 117
MNhod
63
Comments
RR Tract s"
*161) • /TRANS.
*151).•1IRAM.
*IED.-/FRA741.
*1ED.-!TRANS.
6151). -/I RANS.
6190. • /TRANS.
MED. •/TRANS.
6164 -/TRANS
MED.:/TRANS.
MED. -/TRANS.
MED. • /TRAN5.
MED. -/TRANS.
MED. -/7R4146,
MED. .!TRANS.
61E0. -/TRANS.
MED. -/TRANS.
mea.- /TRANS.
MSD. -!f RANS.
MED. -/TRAMS.
*150. • ((11A148.
MLD. -TOUTS.
MED. • /TRANS,
*390. - /TRANS.
6150. - /TRANS.
*IED. -/7 RANS.
*IED. • /1RANS.
MEO. - /TRANS
MED. - /1 BANS.
MOD. • /TRANS.
8160. ./TRANS.
8160. -!TRANS
81881.- /TRANS.
61E D. •!TRANS.
*IED. • /111ANS-
*IED. - /TRANS.
MED. -/TRANS.
*160. • /TRANS.
MED• •/fRANS-
MED.-MANS.
MED. -/TRANS.
1400.- /TRANS.
MEM -/TRANS.
6300.-1TRANS.
6160. •/IRANS.
6150. -"TRANS.
Age Load f.r Dello Defl.
'Ears
TONN
A901170
SE
Ina. 183
Tons
AEG-
131
130
11.7
12.7
Skdh..
13.1
13.0
11.6
136
Masser,
02
09
0.7
to
851* IS -
12.4
11.1
11.0
108
;,12scigrtMOW TONN
Station Drop Time Mr °F 1111 °F Load D9 1)1 132 03 1)4 05 176 D7 D8 AASIITO Soil Earl. Inv 183
1178
1208 1 1021 603 79.0 6135 6.1 10.5 7.8 6.0 4.2 3.3 2.4 1.9 1.6 11.9 11.7 12.3 13.0
1203 2 10:37 60.8 790 6146 6A 10.1 7.7 6A 4.2 3.3 2.4 1.9 1.6 14.0 13.9 12.4 13.2
1103 3 10:37 603 19.0 9383 9.4 13.7 118 9.2 6.3 5.2 3.7 7.8 2.4 14.1 13.9 12.3 13.2
1208 4 10:31 60.8 79.0 9103 9.1 1 6.4 11.6 9.1 6.4 5.1 3.6 2.3 2.4 142 140 12.6 13.4
12.11 1 11:26 62.6 84.1 5840 5.3 11.8 7.8 5.5 33 2.8 2,3 1.9 13 12.4 133 11.0 11.7
1241 2 11:26 62.6 84.1 5307 53 11.6 7.7 5.4 3.5 2.8 2.2 1.9 1.8 12.5 121 11.1 11.8
1241 3 11:26 62.6 31.1 3973 8.3 17.3 11.3 8.3 53 4,1 3.1 2.7 2.4 12.3 12.2 10.9 11.9
12.11 4 11:26 62.6 84.1 9022 1.2 17.3 11.6 11 5.2 4.0 3.1 27 1.4 11.5 12.4 11.0 12.1
1293 1 10:30 603 81.2 6001 6.6 113 6.7 6.7 44 3,1 21 2.1 1.9 12.9 12.7 11.3 11.8
1295 2 1028 60.8 31.I 6015 6.5 11.7 8.6 66 4.5 3.4 2.3 2.0 1.9 13.0 17.8 11.6 11.9
1295 3 10:33 603 31.2 9135 10.5 18.5 13.7 10.6 7.2 5.4 3.3 3.0 2.7 12.9 12.7 11.5 11.6
1295 4 10:38 603 81.7 9307 105 18.2 13.6 10.5 7.2 5.4 35 3.0 2.7 15.0 12.3 17.6 11.8
1343 1 11:25 626 83.0 5351 7.4 11.8 8.8 23 5.3 4.9 3.8 3.3 29 14.5 14.1 13.4 11.7
1343 2 ' 11:23 63.6 33.0 5916 7.3 11.8 81 7.2 5,7 4.8 3.8 3.2 2.8 14.6 14.2 13.4 11.9
134) 4 11:25 62.6 83.0 9133 11.4 17.9 13.4 11.0 8.6 1.1 5.4 46 4.0 143 14.2 1)3 12A
1397 1 10:39 59.0 806 6004 63 12.6 9.1 6.7 4.6 36 2.3 2.4 2.1 12.6 12,4 11.3 11.2
1397 2 10:39 59.0 60.6 6001 6.5 12.4 9.0 6.7 43 3.6 28 2.4 2.2 12.7 12.3 11.4 11.3
1397 3 10:39 S9.0 80.6 9088 9.6 18.9 13.6 10.1 6.8 5.3 3.8 3.3 3.0 12.6 12.3 11.2 11.2
1397 4 1039 59.0 30.6 911D 9.6 18.6 13.4 140 63 S.) 3.8 3,3 3.0 12.7 123 1).3 11.4
1441 1 11:24 62.6 83.0 5971 8.9 15.9 11.3 8.9 6.8 5.3 4.8 4.2 17 12.4 12.0 11.7 9.4
1441 2 11:24 62.6 83.0 5949 8.6 153 11.1 8.8 6.7 5,8 43 4.7 3.7 12.5 12.1 11.3 9.6
1441 1 1111 62.6 83.0 0935 12.9 233 16.7 13.2 10.0 8.5 68 5.8 50 123 12.1 11.8 9.6
1443 4 11:24 62.6 83.0 8924 13.2 23.0 16.6 111 10.0 8.5 6.9 5.3 5.0 126 12.2 11.8 9.6
149) 1 10:39 60.5 80.0 5905 7.2 ISA 103 7.6 4.9 3.7 2.8 2.4 2.1 111 10.9 10.1 9.5
1491 2 10:39 60.8 60.0 5916 7.0 14.8 10.4 7.S 4.9 51 23 2.4 2.1 113 11.1 10.3 9.7
1491 3 10:39 63.8 60.0 9011 10.6 21.4 15.1 11.0 7.5 5.5 4.0 3.4 2,9 11.7 11,1 10.5 10.1
1491 4 1039 60.8 600 9022 30.5 21.1 13.0 11.0 7.) 5.6 4.1 3.3 2.9 11.8 11.5 10.6 10.7
1537 1 1113 62.6 81.7 5340 9.6 148 11.7 9.7 7.7 6.6 53 4.5 3.8 133 12.9 123 9.7
1537 2 1123 62.6 81.7 5813 9.6 14.7 11.6 9.2 1.7 6.6 3.4 4.5 3.9 13.5 13.0 130 9.9
1337 1 11:23 626 61.1 5924 14.6 27.3 17.7 14.7 116 9.8 7.6 6.7 5.1 13.3 12.3 13.7 9.8
1537 4 4(33 63,6 81.7 5957 14.4 22.2 175 14.5 11.4 9.7 7.6 6.2 5.2 15.4 11A 128 9.9
1394 1 10:40 60.8 13.0 3495 6.1 11.2 8,2 94 4.6 3.5 23 2.2 1.8 13.2 13.0 11.8 11.9
1591 2 10:40 (0.3 180 5949 5.9 11.2 8.2 6.4 4.6 3.5 2.5 2.1 1.3 13.3 13.1 11.0 12.0
1594 3 10:40 60.8 78.0 9219 3.9 17.0 12.5 9.7 49 5.4 3.1 3.1 2.8 13.4 13.2 12.0 12.2
1591 4 10:40 60.8 78.0 9191 9.2 16.7 12.3 9.6 6.9 3.3 3,7 3.1 2.8 133 13.3 12,0 123
1(03 1 11:22 624 814 3732 91 13.9 11.5 9.1 7.0 6.1 4.9 4.2 3.6 12.7 11.8 11.7 9.1
1633 2 11:22 626 81.4 3.709 9.0 134 11.3 9.0 6.9 6,0 4.9 4 2 3.6 12.4 12.0 11.9 9.2
1633 3 11:22 62.6 81.4 6902 13.6 23.4 17.3 13.3 10.7 9.2 73 6.0 5.0 12.6 12.2 12.0 9.5
163) 4 11:22 67 6 31,1 8937 13.6 23.1 17.1 13.6 106 9.1 7.3 60 5.0 17.7 12.3 12.1 9.6
1693 1 10:11 59.0 79.0 6037 6.1 11.9 8.7 6.6 43 14 2.4 2.1 13 133 12.6 11.4 11.6
1693 2 10:41 59,0 79.0 6037 6.0 11.8 3.6 66 4.5 3.4 2.4 2.1 1.8 12.9 12.7 11.3 11.7
1693 3 1041 59.0 79.0 9121 9.2 17.6 I2.0 9.8 6.8 5.2 3.7 3.0 2,6 13.0 12.8 11.6 11.9
1693 4 10:41 39.0 79.0 9241 9.4 17.5 12.3 9.9 68 5.3 3.7 3.0 7.7 13,2 13.0 11.7 12.0
1748 1 11:21 67.6 82.7 5679 5.0 93 6.7 5,1 3.7 3.0. 2.4 2.1 1.9 14.2 14.1 12,6 134
1748 2 1131 62.600 82.7 5829 4.9 9.6 6.6 5.1 3.7 3.0 2.4 2.1 1.9 14.3 14.1 12.6 117
MNhod
63
Comments
RR Tract s"
*161) • /TRANS.
*151).•1IRAM.
*IED.-/FRA741.
*1ED.-!TRANS.
6151). -/I RANS.
6190. • /TRANS.
MED. •/TRANS.
6164 -/TRANS
MED.:/TRANS.
MED. -/TRANS.
MED. • /TRAN5.
MED. -/TRANS.
MED. -/7R4146,
MED. .!TRANS.
61E0. -/TRANS.
MED. -/TRANS.
mea.- /TRANS.
MSD. -!f RANS.
MED. -/TRAMS.
*150. • ((11A148.
MLD. -TOUTS.
MED. • /TRANS,
*390. - /TRANS.
6150. - /TRANS.
*IED. -/7 RANS.
*IED. • /1RANS.
MEO. - /TRANS
MED. - /1 BANS.
MOD. • /TRANS.
8160. ./TRANS.
8160. -!TRANS
81881.- /TRANS.
61E D. •!TRANS.
*IED. • /111ANS-
*IED. - /TRANS.
MED. -/TRANS.
*160. • /TRANS.
MED• •/fRANS-
MED.-MANS.
MED. -/TRANS.
1400.- /TRANS.
MEM -/TRANS.
6300.-1TRANS.
6160. •/IRANS.
6150. -"TRANS.
.:. Desit 2 kj11od1 :: TONN
Mallon Drop Time Alr °F 1311°F Load 139 D1 02 03 134 135 06 127 133 AAS(ITO Soil Fad. Inv 183 Method Comments
1748 3 11:71 62.6 82.7 9044 7.6 149 10,1 7.1 5.3 4.4 3.4 2.9 3.3 14.1 14.0 11.4 137 MED. -BRANS.
1748 4 11:11 62.600 82.7 9066 7.7 14.3 9.9 7.6 3,5 4.5 3.3 3.0 24 14.3 14.2 13.6 13.9 6150. -/PRAMS.
1791 1 10:42 608 81.0 6190 3.5 13.3 18 6.0 4.0 3.3 2.5 2,1 1.8 12.0 118 10.7 10.9 A1ED,-/TRANS.
1794 2 10:42 60.8 51.0 610? 3.7 12.9 17 5.9 4.0 3.3 2.4 2,1 1.8 12.2 12.0 10.9 11.1 6IED.-/TRANS.
1794 3 10:42 608 81.0 9132 8.9 39.3 IIA 9.0 6.1 4.9 3.6 3.0 2.6 11.2 12.0 10.9 11.1 MED. •/TRANS.
1794 4 10:42 604 81.0 9071 9.0 191 13.0 9.0 63 5.0 3.6 3.0 2.6 17.3 11.1 11.0 112 MED. -/TRANS.
1841 3 11:20 62.6 83.6 5593 7.1 12.3 8.6 6.8 5.4 4.7 3.8 3,1 2.7 13.8 13.4 12.6 11.3 MED. -/3RANS.
1841 2 1130 62.6 816 3851 6.9 12.1 8.4 6.1 57 4.6 3.7 3.2 2.7 14.0 13.7 12.5 11.3 MED. • /TRANS.
1811 3 11:10 62.6 816 9121 10.1 18.6 330 103 8.1 6.9 13 4.5 3.8 14.0 13.7 12.8 11.6 AIED, •/TRA24S.
1841 4 11:20 62.6 816 9142 101 18.3 33.0 10.3 8.1 7.0 5.5 43 38 14.1 13.E 12.9 11.E MED. •1TRANS.
1892 1 10:43 60.8 80.1 6018 69 134 8.9 64 41 3.9 3.0 2,4 20 12.4 12.1 11.2 10.7 MER -/TRANS.
1192 2 10:43 6011 40.1 6059 6.9 13.3 39 6.7 4.8 3.9 3.0 1.4 2.0 12.5 122 11,1 10.8 MED. -/TRANS.
1892 3 10.43 60.8 80.1 926) 10.4 19.6 13.3 10.1 7.3 6.0 4.3 3.5 3.0 12.E 12.5 11.5 11.1 MED.•/TRANS.
1892 4 10.43 60.3 80.1 9196 107 19.3 13.2 30.1 7.3 60 4.4 7.5 3.0 12.8 12.6 11.6 11.2 MED. • /MANS.
1939 1 11:20 62.6 81.7 5927 4.9 10.4 6.3 4.9 3.4 2.7 2.0 3.7 1.4 13.2 13.1 11.6 12.9 2111). -/TRANS.
1939 2 11:20 62.6 81.7 5938 4.8 10.3 6.8 4.9 3.4 2.7 24 1.6 1.3 13.2 13,1 (1.7 130 MED, •/TRANS.
1939 3 31:20 62.6 81.7 9203 1.6 (5.) 10.2 73 3.2 4.2 3.0 2.4 2.0 13.5 13.4 11.9 13.4 0160. • /TRANS.
1939 4 11:20 62.6 813 9241 7.5 150 10.2 7.4 12 4.2 3.0 2.4 2.0 13.7 13.6 12,0 13.7 21E0. -/111/.243.
1992 1 10.44 63.8 77.7 5932 80 15.6 10.7 87 3.8 4.6 7.9 2.1 1.7 12.6 12.3 11.5 10.4 MED. •/TRANS.
1992 2 10.44 60.3 72.7 6015 8.0 133 10.2 8.1 11 4.6 29 2.2 1.7 12,7 124 11.6 10.5 MED.•/TRANS.
1992 3 10.47 60.8 77.7 9252 111 198 150 124 8.8 74 4.5 3,2 2.6 13.1 128 12.0 10,9 MED. • 1111.145.
1992 4 10:41 60.8 77.7 9307 11.9 19.7 150 12.0 3.8 7.0 4.5 3.2 2.6 13.2 17.9 12.0 11.0 8(E0. -/75A349.
2044 1 11:19 644 814 6015 4.4 8.7 6.1 4,6 33 36 1.9 3.5 1.2 14,6 14.6 12.8 15.0 34E13.•1790143.
2044 1 11:39 61.4 814 6015 43 8.6 6.0 46 3.3 2.6 1.9 1.5 1.2 14.8 14.7 12.9 13.2 MED. • /TRANS.
2014 3 31:19 63.4 13.4 9317 6.8 13.3 9.2 1,1 5.0 4.0 2.9 2.2 1.5 14,3 14.7 12.9 15.2 MED. -/TRANS.
2044 4 11:19 640 83.4 9339 68 13.0 9.1 7.0 5.0 4.0 2.9 2.3 19 14,9 14.9 13.0 154 MER -115A345.
2093 1 10:43 608 31.6 5905 39 16.9 11.0 9.1 6.6 5.3 3,8 2.9 3.) 11.4 11.0 10/ 8.7 6011).•/TRA24S.
2093 2 10:45 644 81.6 3573 8.3 16.5 11.8 90 6.6 5.3 3.8 2.9 2.3 11.3 112 10.8 5.9 MED. -/TRANS.
2093 3 10:43 601 336 9053 13.4 24.5 171 13.5 10.0 8.1 3.8 4.4 3.5 1(8 11,4 11.0 9.2 MED. •/TRANS.
2093 4 10:45 60.8 81.6 9011 31.5 243 17.7 13.6 10.1 3.2 3.9 4.5 3.6 119 11.6 11.2 9.3 MED. -/TRANS.
2143 I 11:18 61,4 92.6 5949 4.5 10.2 6.5 4.6 3.0 2.3 3,7 1.3 1.0 12.8 128 11.2 133 MED. -/IRANS.
2143 2 11::18 6.3,4 37.6 5960 4.4 10.0 6.3 4.6 3.0 23 1.7 1.3 10 12.9 12.8 11.1 134 31ED.•/13A142
2141 3 11:18 647 82.6 9375 69 15.0 9.E 6.9 4.6 3.6 33 2.0 1.6 13.2 13.1 11.5 13.6 MED. -/!BANS.
2143 4 11:18 64.4 82.6 9197 6.9 14.9 9.7 6.9 4.6 3.6 23 2.0 1.6 312 13.2 11.3 13.7 MED. •/TRANS.
2198 1 (046 621 82.8 5916 57 10.3 71 5.3 3.3 2.7 1,9 1.5 1.2 17.9 12.8 11.4 13.3 MED. -BRANS.
2198 2 10:46 62.6 821 3971 5.2 10.3 7.7 33 3.5 21 19 4.3 1.7 13.1 13.1 116 129 MED. -/TRANS.
2193 3 10:46 61.6 87.8 9232 7.9 16.1 10.9 8.1 53 4.3 3.0 2.3 1.9 133 13.2 11.7 1)0 MEO,•MANS.
219S 4 30:46 62.6 37.8 9328 7.8 15.9 10.9 8.1 5.3 4.3 3.0 2.3 1.9 13.4 13.) 11.8 132 MED. -/TRANS.
2243 1 11:17 64.4 83.6 5982 4.4 10.1 6.3 4.4 39 2.3 1.7 13 1.0 12.9 12.9 11,3 133 MED. -/TRANS.
2245 2 11:17 64.4 83.6 5949 4.2 10.0 62 43 2.9 2.3 3.7 13 1.1 13.0 12.9 11.3 11.4 83E0.•/T12ANS.
2245 3 11:17 637 85.6 9066 6.6 15.1 9.3 6.7 4.6 3.6 2.3 10 1.6 13.1 11.1 11.5 116 MED. -/TRANS.
2245 4 11:17 61.4 83.6 9088 6.4 14.8 9.4 6.7 4.6 3.5 2.3 20 1.6 33.3 11.2 11.6 13.7 MED. •/TRANS.
2269 I 1047 61.4 83.0 3971 $.5 10.6 7.3 3.7 3.9 19 71 13 1.2 33.4 13.2 13.8 121 MED. -/TRANS.
2259 2 10:47 61,4 83.0 5927 3.5 10.2 7.1 56 3.9 2.9 1.9 1.3 1.2 13.6 13.3 120 13.1 MED, /TRANS.
2239 3 10:47 64.4 93.0 9175 311 15.4 10.7 8.5 3.9 4.4 2.9 2.3 1.8 13.3 13.7 12.1 13.1 MED. •/TRANS.
2239 4 10:41 64.4 83.0 9203 8.0 133 10.7 8.4 5.9 4.4 2.9 2.3 3.8 13.9 13.7 12.2 133 83ED. -BRANS.
2149 3 11:16 614 84.7 6013 4.9 10.5 7.2 3.2 3.6 2.8 20 1.5 12 115 13.4 11.9 112 MED. -/TRANS.
2349 2 11:16 634 84.7 5982 5.1 10.2 7.1 5.2 36 2.5 20 1.3 1.7 13.7 13.6 12.1 134 MED-./113ANS.
7349 5 11:16 64.4 84.7 9241 7.8 13.3 10.6 7.9 5.5 4.4 30 1.7 18 13.9 13.8 12.3 13.7 83E0.• 11 111.343.
2749 4 11:16 64.4 84.7 9274 7.6 13.2 10.6 7.8 3.5 4.4 3.1 2.3 1.8 14.1 13.9 124 13.8 MED. -/TRANS.
2394 1 10:43 64.4 31.6 3932 4.9 103 6.7 5.0 3.3 2.6 1.9 1.4 1.2 13.1 13.0 11.3 13.0 MED. -/TRANS.
2394 2 10:48 64.4 31.6 5973 41 10.2 66 5.0 3.4 2.6 1.9 1.4 1.7 13.2 13.1 11.6 13.1 MED. • IFRANS.
7394 3 10:43 64.4 81.6 9208 73 13.1 9.9 73 3.3 4.1 2.9 2,1 1.3 13.3 13.4 11.9 13.3 MED. • /TRANS.
2394 4 1071 614 81.6 9263 7.4 33.0 9.9 7.5 3.) 4.1 2.9 22 1.8 13.6 13.3 12.0 13.7 MED. -/TRANS.
2419 1 11:15 62.6 R3.3 5196 5.8 12.6 6.7 4.E 3.2 7.4 1.6 3.2 0.9 31.) 11.2 10.0 10.9 MED. • /TRANS.
2439 2 11:15 62.6 333 5835 5.9 12,3 6.7 41 3.2 24 1.6 12 0.9 315 11.4 10.1 11.2 MED. -/TRANS.
2439 3 11:13 6/6 83.3 1913 9.0 13.3 10.4 1.5 50 3.8 2.3 12 1.3 11.5 (1,7 10A 11.5 MED, •/TRANS.
2439 4 11:13 62.6 83.3 3830 8.8 35.3 30.4 73 5.1 38 2.5 13 1.3 11.8 11.7 10.4 114 34E11 •/TR1.NS.
2493 1 I0a49 63.4 93.3 6043 3.9 9.2 5.4 4.0 2,7 2.1 1.3 1.2 0.9 13.3 13.1 11.6 14.3 MER./TRANS.
2492 2 10:45 61.4 53.5 6737 3.9 89 /4 19 2.7 21 1.5 1.2 0.9 133 133 11.8 (4.8 MED. • /TRANS
2492 3 10:49 64.4 13.5 9232 5.7 33.2 8.2 60 4.1 3.3 2.) 11 1.6 13.8 13.E 12.0 111 MED. -/TRANS.
1492 4 10:49 64.4 87.3 9311 3.7 13.1 R2 3.9 4.1 3.1 1) 1.9 1.6 13.9 13.9 12.3 13.3 MED. •/TRADS.
2541 1 11:14 62.6 82.3 6137 4.1 9.6 3.9 4.0 2.6 7.0 1.) 1.0 0.8 17.7 12.8 11.1 1.10 MED.. /TRAMS.
2541 2 11:14 62.6 82.3 6234 4.0 9.5 6.0 4.0 2,6 2.0 1.4 1.1 0.9 12.8 12.9 11.1 14.3 MED. -/TRANS.
2341 3 11:34 62.6 823 9394 6.2 14.1 9.1 6.3 4.2 3.2 2.1 1,7 1.4 13.2 13.2 333 14.4 MED. •/7RANS.
S�-
RAO 61066d TOM
Slalton Drop Time Air°F 1111 •F Lost 139 1)1 DI 03 04 DS 06 137 DS AASIITO Soil Facl. Inv 183 hlethod Cvnnrnlf
2511 4 11:14 62.6 823 9317 6.2 14.1 9.0 63 4.2 3.2 2.1 1.7 1.3 13.2 13.2 11.3 14.4 61110.•/TRANS.
2586 I 1031 64.4 83.4 5903 4.2 9.4 3.7 42 2.7 2.0 1.4 1.1 0.9 32.9 12.9 11.2 13.9 14E0, -/TRANS.
2386 2 10:31 644 83.4 5916 4.1 9.5 33 4.2 7.7 2.0 1.4 1.1 0.9 12.9 12.8 11.2 13.E MED.-/T4ANS.
2586 3 1031 64.4 83.4 9083 62 14.0 R6 6.3 4.2 3.2 2.1 1.7 1.4 13.3 13.2 11.5 14.3 MED. -/TRANS.
2506 4 1031 61.4 81.1 9153 6.2 13.7 8.3 63 4.2 3.2 3.1 1,7 1.4 13.4 13,4 34.7 14.6 61110. -/TRANS.
2644 1 11:13 62.6 112.7 3960 5.9 115 7.9 5.8 4.0 3.0 2.1 1.6 1.2 17.8 12.7 11.4 12.0 MED. • /TRANS.
7614 2 11:13 62.6 82.7 6013 3.9 11,4 7.9 5.9 4,1 3.0 2.1 1.6 1.3 12.9 121 11.5 12.2 MEM -/TRANS.
2611 3 11:13 626 82.7 9296 9.2 17.0 11.9 9.0 63 43 3.2 2.4 1.9 13.3 13.2 11.8 12.6 MED. -/TRANS.
2624 .1 11:13 62.6 82.7 9339 9.2 16.9 113 8.9 6.3 4.8 3.3 2.3 1.9 13.4 13,1 11.9 12.7 MED. - /1-366(8.
2699 1 1032 614 82,7 6036 4.1 9:1 5.9 4.2 2.7 1.0 1.4 1.2 1.0 130 13.0 11.3 14.1 MED, •/11ANS.
2699 2 1032 61.4 112.7 6037 4.0 93 5.9 4.2 2.7 2.0 1.4 1.1 0.9 13.0 13.0 11.3 14,2 MEO, • /TRANS.
2699 3 1032 64.4 82.7 9274 63 13.8 8.9 63 4.2 3.2 1.2 1.8 13 134 134 11.6 1.1.6 MED. -/TRANS,
7699 4 10:32 61.4 52.7 9164 6.2 13.5 8.6 62 4.1 3.7 2.2 1.8 1.3 13.3 1).S 11.7 1.1.7 MED. •/TRANS,
2742 1 11:12 644 83.1 5313 43 9.2 6.1 4.7 3.) 23 1.8 1.) 1.0 14.0 13,9 12.2 14.1 MED. -!TRANS.
2742 2 11:12 64.4 83.1 5927 4.S 9.3 6.2 4.7 3.) 2.6 13 1.1 1.0 1).9 13.9 121 14.1 MED, -/TRANS.
2742 3 11:12 64.4 33.1 9164 7.0 14.2 93 73 5.2 4.1 2.7 2.0 1.6 14.1 14.0 174 1.1.2 MED. • /TRANS.
2742 4 11:12 61.4 83.1 9219 7.2 14.1 9.5 7.3 3.2 4.1 2.7 2.0 1.6 14.2 14.2 12.5 1.1,4 MED. -/TRANS,
2792 1 1033 62.6 82.1 5949 43 85 5.9 4.3 30 23 1.6 1.3 1.0 14.1 14.0 122 14.9 61E0.-/1366(3-
2792 2 10:53 62.6 82.1 5993 4.2 8.4 5.9 4.4 3.0 2.3 1.6 13 1.0 14.1 14.1 133 15.2 MED. - /TRANS.
2792 1 10:53 62.6 52.1 9257 6.7 12.8 9.0 6.1 4,7 3.7 7.5 1.9 1.7 14.3 14.3 12.6 15.4 3150. • /TRANS.
2792 4 1033 67.6 62.1 9261 6.7 127 8.9 6.7 4.7 3.7 2.3 1.9 1.7 14.6 14.5 12.7 15.4 6150, • /TRANS.
2840 1 11.11 62.6 84.1 5982 3.7 S.6 54 3.9 3.7 2.) 1.7 1.3 1.1 142 1.1.2 12.3 15.2 MED. -/TRANS.
2840 2 11:11 62.6 84.1 6037 4.0 8.5 5.4 3.9 2.7 2.2 1.6 1.3 1.1 14.2 14,2 12.3 15.3 MED. •7111ANS.
11140 3 11:11 62.6 84.1 9163 6.1 12.9 8.3 6.0 43 3.5 2.6 2.0 1.6 14.5 14.3 12.6 15.3 MED. -(RANS.
2340 4 11:11 62.6 14.1 9196 6.0 12.7 8.2 6.0 4.3 3.3 2.6 2.0 13 115 143 12.6 15.7 6CE0. • /TRANS.
2593 1 10:56 62.6 80.7 6039 4.1 10.4 6.7 4.6 3.1 2.5 ES 1.4 1.2 12.1 12.7 112 13.0 MED. •/11166(3.
7593 2 10:56 62.6 80.7 6037 43 10.3 6.6 4.6 3.1 2.4 1.3 1.5 1.2 12.6 12.6 11.1 12.9 1450, •111196263,
2693 ) 10:56 62.6 80.7 9121 6.3 15.8 10.2 7.2 4.9 3.9 2.8 2.2 11,5 12.9 12.8 11.3 129 61E1), •0HANS.
2893 4 10:56 61.6 80.7 9219 7.0 15.6 10.2 7.2 4.9 4.0 2.9 2.2 1.8 13.1 110 113 133 MED. •/TRANS,
2940 1 11:10 62.6 14.1 6133 4.3 10.0 6.4 4.4 2.8 2.1 1.3 1.0 0.6 12.3 178 11.1 13.8 MED. -/TRANS.
2940 2 11:10 61.6 811 6069 4.4 93 63 4.4 11.8 2.0 ►.) 1.0 66 12,E 123 11.1 113.x MED. •/TRANS.
2940 3 11:10 62.6 84,1 9132 6.8 113 9,9 6.9 4.5 3.3 2.1 13 13 12.8 12.8 112 13.5 MED. •MANS.
2940 4 11:10 626 84.1 9153 6.6 110 94 6.8 4,3 3.3 2.1 3.5 13 13.0 12.9 111.3 13.7 6150,-/511166(3,
2993 1 10:37 62,6 50.E 5873 6.1 14.1 9.2 6.3 4.5 3.5 2.4 1.9 13 11.6 11.3 10.4 10.1 61ED../TRANS.
2993 2 10:57 62/. 80.8 3395 6.2 14.0 9.1 6.4 4.5 33 2.3 1.9 13 11.6 11.4 10.5 10.1 MED. •/TRANS.
2993 3 110:37 62.6 10.8 9008 10.2 21.4 14.4 103 7.2 5.6 3.8 2.9 2.4 111 11.5 10.6 10.2 MIi0.-/fRANS.
2993 4 10:37 67.6 30.8 9077 10.0 21,1 14.3 102 7,1 5.6 38 2.9 2.4 11.9 11.6 10.7 103 6IED.•/111A6(S.
3011 1 11529 62.6 793 5881 33 8,1 3.0 34 2.2 1.6 1.1 0.8 0.7 12.7 12.7 10.9 13.0 63E0../TRANS.
3041 2 1139 62.6 79.3 3884 3.5 8.0 5.0 3.4 2.2 1.6 11.1 0.8 03 12.3 11.9 11.1 15.1 MED. •/TRANS.
3014 3 1139 62,6 79.3 9164 3.3 123 7.7 5.3 3.4 2.5 1.7 1.3 1.1 12.9 13.0 11.1 15.1 68H0. -/TRANS.
3011 4 1109 67.6 793 9197 5.4 12.3 7.6 3.3 3.4 2.3 1.7 I.) IA 13.0 13.1 11.2 13.4 MED. - /TRANS.
3112 I 10:53 621. 79/ 6769 6.9 14.0 9.9 7.4 5.2 4.1 27 2.1 11.6 17.6 124 113 11.2 ME0..7fRANS.
)112 2 1038 67.6 79.2 6913 7.0 13.9 9.9 7.4 5.2 4.1 28 1.2 1.6 12.1 12.3 11.4 11.3 MED. -MANS.
3112 3 10:38 62.6 79.2 10006 104 21.7 15.6 11.7 8.3 6.5 4.3 3.2 2.7 125 12.3 11.3 10.8 MED. -/1HANS.
3112 4 10.53 62.6 79.2 9985 10.8 21.4 15.5 )1,6 8.7 65 4.3 3.2 1.7 12.6 72.4 11.4 10.9 MED. -/TRANS.
3139 1 111:03 62.6 81.6 5949 3.8 93 3.6 3.7 2.3 1.7 1.1 0.8 0.6 12.7 12.2 10.6 13.9 610111 • /TRANS.
3119 2 1133 67.6 81.6 3895 33 9.0 5,5 3.6 2.2 1.6 1.1 0.8 0.6 123 12.4 10.7 14.2 MED. -/TRANS
3139 3 11:08 62.6 31.6 9186 5.8 116 E.4 S.7 3.6 2.7 1.3 13 1.0 17.7 123 11.0 14,3 3480.•1196268,
3139 4 1168 62.6 816 9197 5.7 13.3 3.3 5.6 3.5 27 1.7 13 10 12.8 12.9 11.1 141 MEM -7112ANS.
3191 1 10:59 62.6 815 6529 5.3 12.9 7.9 5.4 3.6 2.9 2.1 1.6 1.3 12.) 12.1 10.8 11.9 MED. -/TRANS.
3191 2 10:39 62.6 83.3 6540 3.1 12.6 7.8 3.3 3.6 2.9 2.1 1.5 1,4 12.4 123 10.9 12.1 34ED.•/T8ANS.
3191 3 1059 62.6 83,5 9635 7.8 18.1 113 83 3.4 4,5 33 2.6 2.0 17.7 17,5 11.2 12.2 MED. •/TRANS.
3191 4 10:39 61.6 33.5 9569 71, 18.1 114 19 5.4 4.4 3.2 2.5 2.0 12.7 12.6 111 12.3 811E0. •/58A6(3,
3240 l 111)7 624 82.1 6039 4.6 9.1 19 43 3.) 2.5 1.7 1.3 1.1 13.8 131 12.1 14.2 MED. -/TRANS.
3240 2 11:07 67.6 823 6017 13 9.2 5.8 4.S 3.2 23 17 1.1 1.1 13.9 13.8 12.1 14.3 MED. -/TRANS.
3240 3 1107 62.6 823 9307 7.0 1).8 8.8 62 4.9 3.9 1.7 2.0 1.6 14.2 14.1 112.4 14.6 MED. -/TRANS.
3240 4 11527 62.6 87.3 9361 6.8 13.7 8.8 68 4.9 3.9 2.7 2.1 14 14.3 14.2 12.5 14.8 MED. •/TRANS.
3284 I 1130 60.8 80.5 6387 5.4 11.4 8.0 53 3.7 2.7 1.9 1,5 13 12.0 11.9 10.6 11.8 611E0. -/TRANS.
3284 2 11:00 60.E 80.3 6193 3.3 124 71 524 3.6 2.7 1.9 1.S 12 12.0 119 10,6 11.3 61E0. -713A743,
3184 3 1130 608 60.5 9536 7.9 179 11,4 8.0 53 4.7 2.9 7.7 12 124 11) 10.9 12.2 MED. -/TRANS.
3284 4 1100 60.8 803 9525 7.8 17.7 113 8.0 5.4 4.2 7.9 2.2 1.8 17.5 124 11.0 12.2 MED -/TRANS.
3319 C1141 11127 O.cTu.
3337 1 11:06 62.6 67.3 3949 3.0 8.9 6.7 5.1 3.4 2.5 1.6 1.2 0.9 13.0 12.9 113 13.3 MED. •/TRANS.
33)7 2 11:06 62,6 67.3 5993 5.0 3.9 6.6 3.0 3.4 2.5 1.6 1.1 0.9 133 12.9 11.3 13.4 MED. •1TRANS.
3337 1 11:06 626 67.3 9274 15 13.4 9.9 76 5.3 3.9 23 11 1.3 111 13.2 116 117 MED. -/TRANS.
"1-5
Motion Drop Time Air °F RR •F Load b9 DI D2 b3 D4 DS Upett8n \telhwl WNW
6 U7 U8 AASITTO Soil Fact. Inv 183 Method
1337 4 11:06 676 67.3 924) 7.3 13.1 93 7.5 5.2 3.9 23 1.8 1.5 13.4 133 11.7 13.8
3396 1 1111 60.8 72.7 6026 5.0 9.4 6.6 4.9 3.5 2.7 1.8 1.4 1.1 13.5 13.2 11.7 13.4
3396 2 1111 60.3 72.7 6045 5.0 9.3 6.6 4.9 3.5 2.7 1.8 1.3 1.0 13.4 13.3 11.7 133
3396 3 11:01 60,8 72.7 9274 7.2 14.1 9.3 7,4 53 4.2 2.8 2.0 1.6 13.6 13.3 11.9 13.7
3396 4 111I 60.3 72.7 9252 6.8 13.8 9.7 7,3 5.2 4.1 2.8 2.1 1.6 13.6 13.6 12.0 13.8
3414 f 1115 6T.6 69.5 5953 4.) 7A 5.3 CI 3.0 7.4 1.7 1.7 0.9 14.6 M.6 12.7 136
3434 2 11:05 62.6 69.5 5949 4.) 7.3 3.3 4.1 3.0 2.4 1.7 1.2 0.9 14.6 14.3 f2.7 15.6
3431 3 1113 62.6 69.3 9274 6.5 11.3 8.2 6.4 4.8 3.9 2.7 2.0 1.6 14,9 14.9 13.0 15.5
1434 4 11,05 62.6 69.5 9339 6.4 11.2 8.) 6.4 4.8 3.9 2.7 2.0 1.5 15.0 14.9 13.0 13.9
3444
3344
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MED. -/TRANS.
3150../TRANS.
End ND Nicals @ 511 T1177 Ocapass-
Stnd SD Molt ®SD 71117 Overpass"
1700
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2700
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Braun Intortec Corporolion
m(; S543 ri
July 25, 2011 Project SP -10-08374
Mr. Jon Lahti
Xcel Energy
1400 East Black Dog Road
Burnsville, MN 55337
Re: Letter Review
Nlcols Road Pavement Testing and Analysis
Eagan, Minnesota
Dear Mr. Lahti:
9!, :5.2(2'.
We are pleased to present this review of American Engineering Testing, Inc.'s (AET's) Pavement Testing
and Analysis letter to the City of Eagan (the City), dated July 12, 2011. The purpose of our review is to
provide Xcel Energy with technical guidance in interpreting the Falling Weight Deflectometer (FWD)
testing results presented in the AET letter.
We understand that the Xcel Energy Black Dog plant can be accessed by traffic from the east exclusively
by way of Nicols Road in Eagan, which becomes Black Dog Road in the City of Burnsville west of the Trunk
Highway (TH) 77 overpass. Between Silver Bell Road and the overpass, Nicols Road is currently restricted
by the City year-round to vehicles with axle weights of 4 tons or less. This segment was the focus of
AET's testing and analysis. We understand that Xcel Energy is seeking to use this route for a future
construction project at the plant.
The FWD operates by dropping a load on a Toad plate on the pavement surface and measuring the
deflections at several locations on the surface as a result of the load. The weaker the pavement, the
higher the deflections will be. The resulting information is used to evaluate the structural performance
of a pavement. AET performed FWD testing on Nicols Road on June 9, 2011. Both lanes of Nicols Road
were tested at 100 -foot intervals, resulting in a net test spacing of 50 feet.
AET employed four methods to analyze the FWD data, as shown on the data tabulation sheets attached
to their letter; the method labeled "TONN" is the one currently utilized by the Minnesota Department of
Transportation (Mn/DOT) to establish axle -load ratings and Is discussed hereafter. The TONN method
tends to be the most conservative of the methods presented in the AET letter, particularly when the
pavement being measured is weak.
The TONN method uses the center deflection of the FWD (labeled "01" on the data tabulation sheets);
this measurement is corrected for temperature and the time of year and then compared to an
"allowable" measurement that is based on the traffic counts on the road and the traffic assumed for the
road 20 years into the future. If the FWD measurement Is less than the allowable value, that particular
test point is considered to have an axle -load capacity of 10 tons. If the measurement exceeds the
i�fDl"!(iUl}_ ol.ltnce,ini: mid ent.tiolzotf91tai suintion, sin:c 1"57
Gq
Xcel Energy
Project SP -10-08374
July 25, 2011
Page 2
allowable value, the axle -load capacity for that point is reduced proportionally (e.g. if the measurement
is double the allowable value, the axle -load capacity is 5 tons, or one-half of 10 tons). The overall axle -
load capacity for a particular roadway segment is reported using the 15`" percentile of all the tested
points (referred to as "85t %" in the AET data), which means that 85 percent of the tested points are
stronger than the reported value.
The allowable axle load given by TONN is for the spring season as the ground thaws, which is when the
subgrade soils beneath the pavements will be saturated with water and in their weakest state. This
means that the axle -load capacity will be higher at other times of year. For Nicols Road, axle -load
capacities were reported by AET for south and north of the railroad crossing as 10.2 and 10.8 tons,
respectively. By the TONN method, the entire roadway is considered to have a year-round axle -load
capacity of 10 tons at the traffic levels used in the analysis (1639 vehicles per day in 2002 and a growth
factor of 1.6 over 20 years). Note that AET's letter does not address the possible impact to traffic that
would result from changing the posted axle -load limit or the impact to the pavement from the increase in
construction traffic.
Remarks
in performing its services, Braun Intertec used that degree of care and skill ordinarily exercised under
similar circumstances by reputable members of its profession currently practicing in the same locality. No
warranty, express or implied, is made.
Thank you for selecting Braun lntertec for this letter review. If you have any questions about this letter,
please contact Neil Lund at 952.995.2284.
Sincerely,
BRAUN 1NTERTEC CORPORATION
Professional Certification:
1 hereby certify that this plan, specification or report
was prepared by me or under my direct supervision
and that I am a duly Licensed Professional Engine
under the laws ofxhe S� e of Minnesota: r�L�• �j�r
PROFELICENSEDSSION1)
Neil G. Lund, PE
Project EngineerENGINEER
s, 418
License Number: 46212 ••"::"
Letter —AET FWD Letter Review
BRAUN
1NTERTEC
Agenda Information Memo
August 1, 2011, Eagan City Council Meeting
VII. NEW BUSINESS
A. CONDITIONAL USE PERMIT — ZEST! BAR AND GRILL
ACTION TO BE CONSIDERED:
To approve (OR direct preparation of Findings of Fact for Denial) a Conditional Use Permit to
allow on -sale liquor in conjunction with a Class I restaurant located at 525 Diffley Road, legally
described as Lot 1, Block 1, Hawthorne Ridge, subject to the conditions listed in the APC
minutes.
REQUIRED VOTE FOR APPROVAL: Majority of Quorum
FACTS:
➢ The property is located at the corner of Hwy 3 and Diffley Road, with access from
Diffley Road.
> The subject property is zoned NB (Neighborhood Business) which allows on -sale liquor
in conjunction with a Class I restaurant, via a Conditional Use Permit (CUP).
> In 2008, the City amended the property covenants to allow a single Class I full service sit
down restaurant that is allowed a cooking exhaust system and serve deep fried, grilled or
oven roasted items.
> The applicant proposes to lease approximately 3,000 SF in the shopping center,
specifically in the southern most portion of the L-shaped building.
> The proposal includes removal of existing landscaping to establish a 24 seat outdoor
patio dining area. The landscaping will be relocated into existing parking lot islands and
landscape beds.
> A glass vestibule is proposed to be added to the front of the tenant space.
➢ The proposal satisfies the location standards of the ordinance; operational standards are
set out in the licensing section of the ordinance.
> The Advisory Planning Commission held a public hearing on July 26, 2011 and
recommended approval of the Conditional Use Permit.
60 DAY AGENCY ACTION DEADLINE: August 14, 2011
ISSUES:
➢ Adjacent property owners spoke to concerns about the proposed restaurant use, prior
modifications to the covenant restrictions, competition from an additional restaurant and
noise generated from on -sale liquor and outdoor patio.
> An existing business owner within the retail center spoke in support of the additional foot
traffic a restaurant would bring to the area.
> APC members stated they could only act upon the request for on -sale liquor, not the
restaurant or patio uses as those uses are not restricted by zoning or covenants.
ATTACHMENTS (4):
Location map on page Lo (>
Letters in opposition to the request on pages through &III
Draft July 26, 2011 APC inutes on e
Staff report on pages through$' �A7
Location Map
Yenkee DooAle.Rd
iiTtri i l 11 1171\ --
Yon •
!i (Z
Cliff Rd
Map Area Extent
lY1� 1 1
\1 r `— it ' l€ '� I II
Project Name: 525 Diffley Road/ Zest! Bar and Grill
Request: Conditional Use Permit
Case Nos.: 24 -CU -10-06-11
City of 'Cap SPD
1 Feet
0 500 1,000 2,000
Legend
gif>•i�s:
a City Boundary
1, —I Parcels
Parks
Buildings
To: Advisory Planning Commission
From : Pastor Harry Mueller 4162 Countryside Dr
Re: Zest! Bar and Grill
RECEIVED JUL 2 6 2011
To put this question to the City Council would reveal either a hidden agenda on the part of the
Commission and/or the mayor or very ineffective use of commission and council member' time.
City leaders may really want this type of development on that corner and they do not care about
keeping the promises to neighbors made years ago. When this type of development came up at a city
council meeting regarding Coque's it was council member Bakken who remembered the promises made
to us and he argued to stand by the council's word and not allow such development.
On the other hand bringing it up again may reveal very poor administrative memory. Why does the staff
of the commission not tell the applicant that this issue has come up over and over and the city council
has may a decision to be faithful to it's original intent? This would save a lot of time for all concerned.
This is one more instance when we, the neighbor's, feel you simply are trying to wear us down and you
really don't care about keeping promises.
I've served in elected office and administered large congregations and I know there are many pressures
on you but there comes a time when you have to reveal if you really have a hidden agenda or if you are
really just inefficient in your use of time and lack the memory to be honest with new situations.
I am concerned also as a neighbor because I am aware of the current discussions in Minneapolis in the
Uptown area. Many bars there have established outside patios. And the noise from bands are disturbing
local residents. Cooper's has established an outside tent and has loud music. Will we have competing
bands if Zest wants to do the same. Now if I'm having a prayer meeting at my house at the same time
which would you want to support? Drinking or prayer?
Jul 26 11 02:41p p,2
RECE.Y.1 E ; 3111.2 6 2011
COOPER'S RESTAURANT
HI MY NAME IS JOHN LARAMYAND I AM HERE
REPRESENTING COOPER'S RESTAURANT. I HAVE BEEN AN
EMPLOYEE FOR 5 YEARS AND A CUSTOMER FOR 10 YEARS. I
TRULY ENJOY BOTH AND SO DOES MY FAMILY. I HAVE COME
HERE TO VOICE MY OPINION TO THE LETTER THAT WAS SENT
TO US ABOUT THE OPENING OF A RESTAURANT SO CLOSE TO
US. WE ARE AWARE THIS IS THE FOURTH ATTEMPT TO OPEN A
RESTAURANT AT WHAT IS KNOWN AS 525 DIFFLEY ROAD
OWNED BY EXCEL DEVELOPMENT. WE HAVE ESTABLISHED
OURSELVES IN THE COMMUNITY FORGIVING BACK TO ALL THE
PROGRAMS AND THAT HAS WORKED. WE WOULD NOT LIKE
THAT TO CHANGE BECAUSE ANOTHER RESTAURANT OPENS
NEXT TO US.
ACCORDING TO THE FIRST LETTER THAT WAS SENT TO US
ABOUT 5 YEARS AGO IT STATES THAT WHEN THE LAND WAS
PURCHASED THE CITY IMPOSED 6 RESTRICTIONS OF USE ON
THIS PROPERTY. ONE WHICH STATES THAT THERE BE NO
RESTAURANTS ON THIS SITE. WHY THEN ARE WE HAVING THIS
DISCUSSION?
EXCEL DEVELOPMENT WAS WELL AWARE OF THE
RESTRICTIONS WHEN THEY PURCHASED THE LAND. THEY
PURCHASED THE LAND FOR $475,000 WHICH WAS WELL BELOW
MARKET VALUE. AT THAT TIME 5 YEARS AGO ACCORDING TO
AN EMPLOYEE OF MANLY BROTHERS CONSTRUCTION LAND
VALUES IN EAGAN RANGE FROM 6-8 DOLLARS PER SQUARE
FOOT. MEANING THEY BOUGHT THE LAND AT BELOW MARKET
VALUE. THE CITY OF EAGAN IMPOSED THE RESTRICTIONS ON
THE USE OF LAND.
THE SECOND LETTER WE RECEIVED ABOUT 3-4 YEARS
AGO WAS THE CLARIFICATION OF WHAT IS OR IS NOT A
RESTAURANT. REGARDING A CONVERSATION MR.COOPER HAD
Jul 26 11 02:40p p.1
WITH A REPRESENTITIVE AT THE MINNESOTA DEPARTMENT OF
HEALTH THAT QUESTION WAS ANSWERED.
A RESTAURANT IS A PLACE WHERE FOOD IS SERVED
WHETHER IT IS PREPARED ON THE PREMISE OR NOT,
WHETHER IT IS PRE-PACKAGED OR NOT, WHETHER IT IS
TAKEN TO GO OR YOU DINE IN. EXAMPLES IN EAGAN: PERKINS,
BRUEGGER'S BAGELS, CARBONES PIZZA, SUBWAY, CARIBOU
COFEE, AND COOPER'S RESTAURANT.
ALSO, ACCORDING TO THE MINNESOTA DEPARTMENT
OF HEALTH A RESTAURANT IS A PLACE WHERE ONE OR MORE
PERSONS ARE A LICENSED FOOD MANAGER. TO PREPARE,
COOK, AND SERVE FOOD. THE QUESTION OS ANSWERED. THIS
IS CONSIDERED A RESTAURANT.
COOPER'S HAS BEEN HERE FOR OVER 11 YEARS AND
WOULD HATE TO SEE RESTRICTIONS LIFTED THAT THE CITY
COUNCIL HAS SET IN PLACE BEFORE THE SALE OF THE
PROPERTY TOOK PLACE. WE HAVE WORKED VERY HARD TO
BUILD OUR BUISNESS IN A DOWN ECONOMY TO WHERE IT IS
TODAY. A PLACE WHERE A LOT OF PEOPLE FROM THE CITY
COME TO EAT. RESTRICTIONS ARE PUT INTO PLACE TO BE
FOLLOWED. MAKE THEM FOLLOW THEM TOO.
WE THANK YOU FOR YOUR TIME.
tp3
141,4- v%ti'( tleN4d' 7/2 t)
City of Eagan City Council.
I am writing to express my concern in regards to the restaurant/bar establishment that is going in
the mall area across the street from my residence. It was my understanding that the mall would
not have any food or drink establishments in its location. Why now are we allowing a
restaurant/bar in the area and possibly providing them with a liquor license? My concerns
include noise, smell, intoxicated drivers leaving the establishment, and the depreciation of my
home due to the nearby businesses. If zone changes are possible. who's to say I wouldn't be able
to sell my land to interested buyers that could put in a gas station. multi -dwelling housing. or a
neighborhood playground? To keep the neighborhood quiet and safe, I respectfully ask the City
Council to reconsider allowing another restaurant/bar establishment in the area and to maintain
the original agreement.
9
Advisory Planning Commission
July 26, 2011
Page 2 of 10
IV. PUBLIC HEARING
New Business
A. Zest! Bar and Grill
Applicant Name: Zest! Bar and Grill
Location: 525 Diffley Road; Lot 1, Block 1, Hawthorne Ridge
Application: Conditional Use Permit
A Conditional Use Permit to allow on -sale liquor in conjunction with a Class I
File Number: 24 -CU -10-06-11
Planner Thomas introduced this item and highlighted the information presented in the City Staff
report dated July 19, 2011. She noted the background and history. She distributed two letters
from Pastor Harry Mueller, 4162 Countryside Drive and John Laramy, Cooper's Restaurant.
City Planner Ridley explained the nature of the two letters received being opposition to the
additional restaurant and the other concerned with the outdoor activity. He discussed the
number of patio seats proposed and that there would not be outdoor entertainment. He
explained that the City Code regulates outdoor activities for restaurants.
Ridley further shared the historical aspects of the land covenants and the two modifications the
City Council had approved. In 2008, the City Council approved one single Class I restaurant
with cooking exhaust equipment. That restaurant does not currently exist but is allowed; as
such, the only action before the APC is the CUP for on -sale liquor in association with what will
be the one Class I restaurant.
Chair Heaney asked if the applicant would like to speak on the matter. The applicant did not
come forward at this time.
Chair Heaney opened the public hearing.
Tim Anderson, 501 Hawthorne Woods Drive, read a letter from his neighbor at 502 Hawthorne
Woods Drive, Dave Prazak, who was unable to attend the meeting which discussed previous
decisions made and concerns for noise, intoxicated drivers, and asked that the City maintain the
original agreement. Mr. Anderson stated his concerns are similar and he is opposed to the
proposal.
John Laramy, manager of Cooper's Restaurant, stated they do not want another establishment
to serve food and liquor in the area. He explained that Cooper's is one of largest supporters of
high school sports and other organizations in Eagan. He stated the proposal will negatively
effect growth and profit of Cooper's along with the donations they make to the community.
Terry Timmons, 4158 Countryside Drive stated frustration with changes made to the use of the
property and concern with the noise and disruption at his home, possibly intoxicated people,
and lack of screening.
Jerzy Szoka, applicant/building owner explained he is approached by business people
interested in the site and that he is merely responding to the market. He further stated that
Advisory Planning Commission
July 26, 2011
Page 3 of 10
filling space in the center benefits existing tenants, the area and the City. He stated support of
the proposal and stated his business also supports the City of Eagan with property taxes.
Joe Foggia, Co-owner of Black Diamond Wine and Spirits, stated customers often share with
him their desire for another restaurant in the proposed location. He stated there are very few
restaurant options in eastern Eagan and an alternative is needed and that he has a petition with
hundreds of customer signatures supporting the restaurant. He stated additional foot traffic at
the center is good for all concerned and that he supports the proposal.
Mr. Timmons stated that the petition referenced is not signed by any neighbors that live close to
the site.
Mr. Laramy opined that the original decision made in 2002 should remain.
Mr. Anderson stated if given the opportunity, the neighborhood could gather to show mass
opposition to the proposal.
There being no further public comment, Chair Heaney closed the public hearing and turned the
discussion back to the Commission.
Chair Heaney explained the role of the Advisory Planning Commission and the parameters of
their decision-making to the audience.
Member Supina stated that it is not the Commission's place to reverse past City Council
decisions but rather to act on the application before them which is the CUP for on -sale liquor.
He also asked about hours of operation.
Planner Thomas sated the proposed patio exceeds distance requirements between the
building and the residential neighborhood. She discussed restrictions to the hours of operation
and the number of outdoor seats proposed.
Member Piper asked what the restricted hours of operation would be if the spacing standards
were not met?
Planner Thomas responded that the City Code would restrict hours of operation to between 1
a.m. and 7 a.m.
Member Dugan stated the applicant has met conditions and their burden, therefore he will vote
in favor of approval.
Member Supina discussed possible changes to the conditions regarding screening and hours of
operation. He asked the applicant if additional trees could be planted for screening.
Mr. Szoka responded they could accommodate additional plantings.
City Attorney Michael Klemm stated additional conditions can be applied if consistent with other
City practices.
Member Filipi moved, Member Piper seconded a motion to recommend approval of a
Conditional Use Permit to allow on -sale liquor in conjunction with a Class I restaurant located
(p
Advisory Planning Commission
July 26, 2011
Page 4 of 10
at 525 Diffley Road, legally described as Lot 1, Block 1, Hawthorne Ridge, subject to the
following conditions:
1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval
by the City Council.
2. The applicant shall submit a revised outdoor dining patio plan, to scale, with fence details to
Building Inspections for approval prior to the opening of the restaurant. The outdoor dining
area is subject to City Code requirements.
3. The on -sale alcohol license shall include and permit the service of alcoholic beverages in
the outdoor dining area.
4. All signage is subject to City Code requirements.
5. The applicant shall install the additional landscaping by October 1, 2011, per the Landscape
Plan received June 30, 2011.
After the motion was made, Member Dugan asked if staff had any suggestions for conditions.
City Planner Ridley stated staff had no additional suggestions for conditions other than the five
listed in the staff report.
Member Supina stated that, based on his recollection of the topography in the area, adding
evergreens south of the patio area would provide no real benefit.
Chair Heaney called the question.
All voted in favor. Motion carried 7-0.
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: July 19, 2011 CASE: 24 -CU -10-06-11
APPLICANT: Zest! Bar and Grill HEARING DATE: July 26, 2011
PROPERTY OWNER: Excel Development LLC APPLICATION DATE: June 15, 2011
REQUEST: Conditional Use Permit PREPARED BY: Sarah Thomas
LOCATION: 525 Diffley Road
COMPREHENSIVE PLAN: RC, Retail Commercial
ZONING: NB, Neighborhood Business
SUMMARY OF REQUEST
The applicant is requesting approval of a Conditional Use Permit to allow on -sale liquor in
conjunction with a Class I restaurant located at 525 Diffley Road, legally described as Lot 1,
Block 1, Hawthorne Ridge.
AUTHORITY FOR REVIEW
Conditional Use Permit:
City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following.
Subdivision 4C states that the Planning Commission shall recommend a conditional use permit
and the Council shall issue such conditional use permits only if it finds that such use at the
proposed location:
1. Will not be detrimental to or endanger the public health, safety, or general welfare of the
neighborhood or the City.
2. Will be harmonious with the general and applicable specific objectives of the
Comprehensive Plan and City Code provisions.
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.
tce
Planning Report — Zest! Bar and Grill CUP
July 26, 2011
Page 2
4. Will be served adequately by essential public facilities and services, including streets,
police and fire protection, drainage structures, refuse disposal, water and sewer systems
and schools.
5. Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be hazardous or detrimental to any persons, property or the general
welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors.
6. Will have vehicular ingress and egress to the property which does not create traffic
congestion or interfere with traffic on surrounding public streets.
7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
8. Is appropriate after considering whether the property is in compliance with the City Code.
Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the
Planning Commission and the Council may attach whatever reasonable conditions they deem
necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value
of other property within the district, and to achieve the goals and objectives of the
Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall
require such evidence and guarantees as it may deem necessary as proof that the conditions
stipulated in connection therewith are being and will be complied with.
BACKGROUND/HISTORY
The City acquired the subject parcel through condemnation in 1994 for right -of way and ponding
purposes as part of a public improvement project (Diffley Road Upgrade — Project 607).
Shortly thereafter, it was determined that a portion of the site was developable. Prior to selling
the property, it was rezoned in 2002 from Agriculture to Neighborhood Business (NB). Due to
neighborhood concerns, the City established covenants prohibiting certain uses that would
otherwise be allowed in NB zoning.
The proposed use, a Class I restaurant, is not prohibited by the covenants; however, only one full
service sit down restaurant is allowed that may employ a cooking exhaust system and serve deep
fried, grilled or oven roasted items. This requirement does not restrict any other coffee, ice
cream or sandwich restaurants that may be located there.
A Conditional Use Permit (CUP) was approved in 2009 to allow a light duty automotive
maintenance and repair business within the shopping center.
EXISTING CONDITIONS
The property consists of approximately 3 acres and is developed with a 24,400 SF shopping
center. The restaurant is proposed in the southern most portion of the L-shaped building. The
3,000 SF space was formerly used by a martial arts business.
epei
Planning Report — Zest! Bar and Grill CUP
July 26, 2011
Page 3
SURROUNDING USES
The following existing uses, zoning, and comprehensive guide plan designations surround the
subject property:
EVALUATION OF REQUEST
Compatibility with Surrounding Area — The NB zoning district is generally located adjacent to or
in close proximity to residential neighbors and intended to provide daily retail goods and
services. The proposed use is a Conditional Use in the NB district and appears compatible with
both the existing development and adjacent land uses.
Proposal — The applicant is proposing to establish a 120 seat Class I restaurant to open later this
year. The on -sale liquor also requires a license under Chapter 5 of the City Code. The proposal
includes both outdoor patio dining and some exterior modifications to the building.
On -Sale Liquor — This site appears to be consistent with on -sale liquor licensing requirements.
The property is guided and zoned to provide daily retail goods and services, and the on -sale
liquor is proposed in conjunction with a Class I restaurant. The site exceeds the special use
setback requirements from specified protected uses that include residential, schools, daycares
and churches.
The appropriate liquor license would need to be obtained from the City for the restaurant and
include the outdoor dining area.
Outdoor Patio Dining — The applicant proposes to modify an existing sidewalk and landscaped
area to create an outdoor dining area. As proposed, the patio area exceeds the spacing
requirement to residential property, as defined by the special use setback.
Outdoor patio dining is a permitted accessory use when proposed in conjunction with a Class 1
restaurant and has 24 or less seats. While the use is permitted, due to the service of alcohol
within the outdoor patio area, a patio fence enclosure is required. A revised outdoor patio dining
plan should be submitted identifying the fence details per City Code requirements.
-1 w
Existing Use
Zoning
Land Use Designation
North
Single Family and
Neighborhood
Business
R-1, Residential
Single district/ NB,
Neighborhood Business
LD, Low Density
(0-4 units/acre)/ RC,
Retail
Commercial
South
Single Family
R-1, Residential
Single district
LD, Low Density
(0-4 units/acre)
East
Inver Grove
Heights
Commercial
Commercial
West
Single Family
R-1, Residential
Single district
LD, Low Density
(0-4 units/acre)
EVALUATION OF REQUEST
Compatibility with Surrounding Area — The NB zoning district is generally located adjacent to or
in close proximity to residential neighbors and intended to provide daily retail goods and
services. The proposed use is a Conditional Use in the NB district and appears compatible with
both the existing development and adjacent land uses.
Proposal — The applicant is proposing to establish a 120 seat Class I restaurant to open later this
year. The on -sale liquor also requires a license under Chapter 5 of the City Code. The proposal
includes both outdoor patio dining and some exterior modifications to the building.
On -Sale Liquor — This site appears to be consistent with on -sale liquor licensing requirements.
The property is guided and zoned to provide daily retail goods and services, and the on -sale
liquor is proposed in conjunction with a Class I restaurant. The site exceeds the special use
setback requirements from specified protected uses that include residential, schools, daycares
and churches.
The appropriate liquor license would need to be obtained from the City for the restaurant and
include the outdoor dining area.
Outdoor Patio Dining — The applicant proposes to modify an existing sidewalk and landscaped
area to create an outdoor dining area. As proposed, the patio area exceeds the spacing
requirement to residential property, as defined by the special use setback.
Outdoor patio dining is a permitted accessory use when proposed in conjunction with a Class 1
restaurant and has 24 or less seats. While the use is permitted, due to the service of alcohol
within the outdoor patio area, a patio fence enclosure is required. A revised outdoor patio dining
plan should be submitted identifying the fence details per City Code requirements.
-1 w
Planning Report — Zest! Bar and Grill CUP
July 26, 2011
Page 4
Building Materials — A 72 SF (6 ft x 12 ft.), glass vestibule is proposed to be added to the front
of the tenant space.
Signage — New signage will require a sign permit, and compliance with City Sign Ordinance
requirements will be verified at that time.
Landscaping — Minimal changes to the landscaping are proposed. The applicant proposes to
replace the landscaping from the patio dining area to the adjacent parking island.
Parking — 114 parking stalls exist on the site. The 3,000 SF tenant space requires 15 parking
stalls with a retail use. The restaurant use requires 40 parking stalls. The 24 seats outdoors does
not require additional parking. The conversion of the tenant space from retail to restaurant
results in the site being 24 parking stalls short of code requirements; however, the site has a mix
of uses with different peak time operations.
Utilities — The existing building on the site is connected to the City sanitary sewer and
water main systems. No additional connections are proposed with this application.
Access/ Circulation — Access to the retail center is from Diffley Road and will remain unchanged
with this plan. Access to the proposed auto service bays will be through a new service drive
along the east edge of the building.
SUMMARY/CONCLUSION
The applicant is requesting approval of a Conditional Use Permit to allow on -sale liquor and
outdoor patio dining in conjunction with a Class I restaurant at 525 Diffley Road.
The proposed use is a conditional use in the NB zoning district and appears compatible with
adjacent and surrounding land uses; however, the applicant should supply a revised outdoor patio
plan with fence details.
ACTION TO BE CONSIDERED
To recommend approval of a Conditional Use Permit to allow on -sale liquor in conjunction
with a Class I restaurant located at 525 Diffley Road, legally described as Lot 1, Block 1,
Hawthorne Ridge. If approved the following conditions shall apply:
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 outdoor dining patio plan, to scale, with fence details
to Building Inspections for approval prior to the opening of the restaurant. The outdoor
dining area is subject to City Code requirements.
3. The on -sale alcohol license shall include and permit the service of alcoholic beverages in
the outdoor dining area.
4. All signage is subject to City Code requirements.
11
Planning Report — Zest! Bar and Grill CUP
July 26, 2011
Page 5
5. The applicant shall install the additional landscaping by October 1, 2011, per the
Landscape Plan received June 30, 2011.
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NARRATIVE
June 15, 2011
Julie Strid, Planning Aide
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
Dear Julie:
We are applying for a liquor license for a restaurant we plan to open in Eagan's Hawthorne
Ridge Shopping Center. The name of the restaurant is Zest! Bar & Grill and it will be
located at 525 Diffley Road, Eagan, MN 55123. Currently, our planned opening date is
September 1, 2011.
The owners of Zest! are Alejandro Luebbert & Marne J.H. Luebbert. We both reside at
16624 Festal Avenue, Farmington, MN 55024. Alejandro's cell phone number is 612-590-
2522 and Marne's is 612-590-1351.
Sincerely,
Alejandro Luebbert, President
Marne J.H. Luebbert, Vice President
,1lye 15
2011
Agenda Information Memo
August 1, 2011, Eagan City Council Meeting
B. PLANNED DEVELOPMENT AMENDMENT — LUPE HOLDINGS CORP.
ACTION TO BE CONSIDERED:
To approve (OR direct preparation of Findings of Fact for Denial), a Planned Development
Amendment to allow a multi -tenant retail commercial use and a Class II restaurant with outdoor
patio dining and on -sale liquor for property located at 2075 Cliff Road , subject to the conditions
listed in the APC minutes.
REQUIRED VOTE FOR APPROVAL: At least three votes
FACTS:
D The 7,000 s.f. building was constructed in 1993 as a single -user retail store (Blockbuster
Video). The owner is now proposing a multi -tenant use with a Class II restaurant
(Chipotle) including outdoor patio dining and on -sale liquor, and three other commercial
retail tenants that are not yet identified.
D The 2030 Comp Plan designates this site within the Cliff Road Commons Special Area,
which encourages mixed use, shared parking for commercial uses and pedestrian amenities.
D The PD Amendment encompasses both the proposed change in use and the associated
modifications to the site plan and building.
D Access is from Park Center Drive. Ingress and egress is shared with the neighboring lot,
occupied by Leeann Chin. Leeann Chin received PD Amendment approval in 2010 to add
drive-thru service that has not yet been constructed.
D Building modifications include new storefronts, sunshades and wall sconces, tenant
signage, and rooftop mechanical screening.
D Site modifications include a sidewalk connection to the trail along Cliff Road, enhanced
landscaping, an additional trash enclosure, a bicycle rack, and new accessible parking and
walkways to the building.
D The existing pylon sign base will be utilized with a new sign containing tenant name
panels.
D A deviation to parking requirements is requested. The number of stalls remains as existing
at 39, however, the change in use to a Class II restaurant brings the amount of available
parking into question.
D The APC held a public hearing on July 26, 2011 and did recommend approval, with
additional conditions as identified in the APC minutes.
ISSUES:
D Staff and the APC struggled with the appropriate level of parking for the proposed use.
➢ The proposed Class II restaurant is designed for 63 seats and occupies 2,225 s.f. The two
restaurant parking standards in the City Code do not clearly fit the increasingly prevalent
"fast casual" restaurant model which provides quick -serve food with on-site dining, carry-
out and/or delivery, and no drive-thru service. (e.g. Chipotle, Panera, Potbelly, Jimmy
John's, Noodles & Co., Panda Express, Solo's Pizza, etc.).
➢ Further research since the APC meeting appears to support the appropriate parking
standard being that based on seating count, since the proposed Class II restaurant does not
provide drive-through service.
➢ The result is a shortage of 5 parking stalls as compared to the 39 stalls provided.
Restaurant 63 seats @ 1 per 3 seats = 21 stalls
Retail (3 tenants) 4,500 s.f @ 1 per 200 s.f. = 23 stalls
Total required parking = 44 stalls
Total parking provided = 39 stalls
Difference = 5 stalls
➢ The APC added a condition that the applicant provide proof of parking for 5 stalls, which
may be provided via a cross parking agreement with the neighboring property.
60 -DAY AGENCY ACTION DEADLINE: August 14, 2011
ATTACHMENTS (3):
Location Map, pages S3 through
Planning Report, pages' 3 throu 1415
July 26, 2011 APC minutes, pagethrough
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Project Name: Lupe Holdings Corp.
Request: Planned Development Amendment
Case No.: 30 -PA -06-06-11
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PLANNING REPORT
CITY OF EAGAN
REPORT DATE: July 21, 2011 CASE: 30 -PA -06-06-11
APPLICANT: Lupe Holdings Corp. HEARING DATE: July 26, 2011
PROPERTY OWNER: Lupe Holdings Corp. APPLICATION DATE: June 15, 2011
REQUEST: Planned Development Amendment PREPARED BY: Pamela Dudziak
LOCATION: 2075 Cliff Road
COMPREHENSIVE PLAN: SA/RC, Special Area/Retail Commercial
ZONING: PD, Planned Development
SUMMARY OF REQUEST
The applicant is requesting approval of a Planned Development Amendment to allow a multi -
tenant retail commercial use and a Class II restaurant with outdoor patio dining and on -sale
liquor upon property located at 2075 Cliff Road, legally described as Lot 1, Block 1, Park Center
Fourth Addition.
AUTHORITY FOR REVIEW
Chapter 11, Section 11.50, Subdivision 5 states, in part,
1. The provisions of this chapter may be amended by the majority vote of the council, except
that amendments changing the boundaries of any district or changing the regulations of any
district may only be made by an affirmative vote of two-thirds of all members of the council.
2. The Council shall not rezone any land or area in any zoning district or make any other
proposed amendment to this chapter without first having referred it to the advisory planning
commission for its consideration and recommendation.
In addition, Chapter 5, Business Licenses, requires a liquor license for on -sale liquor. In addition
to establishing the conditions of operation, the license requirements include the following:
Subd. 5. No person under the age of 18 years shall be employed upon premises . . .
except ... as musicians or to perform the duties of a busboy or dish -washing services in a
place defined as a restaurant.
Planning Report — Lupe Holdings
July 26, 2011
Page 2
Subd. 8. No license shall be granted for a proposed licensed premises that does not meet
the special use setback, as defined in the zoning regulations of this Code, from any nursery,
elementary or secondary school structure; daycare center structure; or church structure,
except as provided herein. A license may be granted for a proposed licensed premises not
meeting the special use setback, as defined in the zoning regulations of this Code, from any
of the above listed uses when the proposed licensed premises and listed uses are located
within the same zoning district and planned commercial development.
Subd. 10. On -sale licenses shall be granted only to hotels, traditional restaurants and clubs.
Subd. 11. . . . All on -sale licenses shall be for premises situated in a commercial or
industrial use district under a conditional use permit .... No license shall be held for more
than two years without being used.
The special use setback is defined as 200 feet to the nearest point on the property line of the
lot on which the protected use is located.
BACKGROUND/HISTORY
The building was constructed in 1993 as a single -user retail rental store (Blockbuster). The
Blockbuster recently closed, and the owner is proposing to convert the building to multi -tenant
use. According to the submitted narrative, the owner has a letter of intent to lease from Chipotle
Mexican Grill, a Class II restaurant which proposes an outdoor dining patio and on -sale liquor.
Other letters of intent to lease space in the remodeled building are a mobile electronics store and
a hair salon, both of which would be permitted uses in typical commercial zoning (Neighborhood
Business or Community Shopping Center). The proposed Planned Development Amendment is
not only for the Class II restaurant use and on -sale liquor, but also for the associated
modifications to the site plan and building facade to accommodate multiple tenants.
EXISTING CONDITIONS
The site is developed with a single -story brick building consisting of just over 7,000 s.f. The site
is bounded on three sides by public rights-of-way: Cliff Road to the south, and Park Center
Drive to the west and north. To the east is Leann Chin, which in 2010 received PD Amendment
approval to add drive-thru service that has not yet been constructed. Access to the site is
provided in two locations from Park Center Drive. Ingress and egress is shared with Leann Chin;
it is our understanding that there is no cross -parking easement in place between the two lots,
however a review of City records supports that shared parking was intended. An attached trash
enclosure is located on the north side of the building, and parking is on the perimeter of the site.
A total of 39 off-street parking stalls are currently provided.
Planning Report — Lupe Holdings
July 26, 2011
Page 3
SURROUNDING USES
The following existing uses, zoning, and comprehensive guide plan designations surround the
subject property:
EVALUATION OF REQUEST
Description of Proposal — The Applicant proposes to convert the former Blockbuster store into a
"multi -tenant building that will provide food and services to the surrounding community." The
proposal includes one Class II restaurant, Chipotle, which proposes outdoor patio dining and on -
sale liquor, and up to three other tenants for a total of four tenants in the building. Modifications
to the building include demising the interior space, adding new storefronts and accents to the
exterior, and additional signage for multiple tenants. Three storefronts are proposed to face Cliff
Road with Chipotle anchoring the building in the southwest tenant space. A fourth tenant would
be located in the northern portion of the building with its new storefront facing west.
Compatibility with Surrounding Area — This area is on the edge of one of the City's major
commercial nodes, and in the middle of the Cliff Road Commons Special Area. The site was
originally designed and intended to accommodate retail commercial uses. The surrounding area
includes other restaurants (Taco Bell and Leann Chin to the east, and a coffee shop south of Cliff
Road). The City has recently adopted performance standards for outdoor patio dining and this
proposal will be reviewed against that ordinance. Careful site design is important to ensuring
compatibility with the adjacent senior housing (Oakwoods) to the north.
The Cliff Road Commons Special Area sets forth a vision for mixed use development with uses
that support transit in the area and that provides increased walkability. Redevelopments such as
this present an opportunity for incremental changes consistent with the ultimate vision and stated
policies which include improved pedestrian amenites, shared parking for commercial uses, and
mixed use development.
Existing Use
Zoning
Land Use Designation
North
Oakwoods (Senior
Housing)
PD, Planned Development
SA/HD, Special Area/High
Density residential
South
Multi -tenant retail; MN
Driver's Training.
PD, Planned Development;
LB, Limited Business
SA/Mixed; SA/RC, Special
Area/Retail Commercial
East
Regal Cinema
PD, Planned Development
SA/RC, Special Area/Retail
Commercial
West
Stormwater pond on
Oakwoods site; Office
on west side of pond
PD, Planned Development
SA/HD and SA/OS, Special
Area/ High Density residential
and Office/Service
EVALUATION OF REQUEST
Description of Proposal — The Applicant proposes to convert the former Blockbuster store into a
"multi -tenant building that will provide food and services to the surrounding community." The
proposal includes one Class II restaurant, Chipotle, which proposes outdoor patio dining and on -
sale liquor, and up to three other tenants for a total of four tenants in the building. Modifications
to the building include demising the interior space, adding new storefronts and accents to the
exterior, and additional signage for multiple tenants. Three storefronts are proposed to face Cliff
Road with Chipotle anchoring the building in the southwest tenant space. A fourth tenant would
be located in the northern portion of the building with its new storefront facing west.
Compatibility with Surrounding Area — This area is on the edge of one of the City's major
commercial nodes, and in the middle of the Cliff Road Commons Special Area. The site was
originally designed and intended to accommodate retail commercial uses. The surrounding area
includes other restaurants (Taco Bell and Leann Chin to the east, and a coffee shop south of Cliff
Road). The City has recently adopted performance standards for outdoor patio dining and this
proposal will be reviewed against that ordinance. Careful site design is important to ensuring
compatibility with the adjacent senior housing (Oakwoods) to the north.
The Cliff Road Commons Special Area sets forth a vision for mixed use development with uses
that support transit in the area and that provides increased walkability. Redevelopments such as
this present an opportunity for incremental changes consistent with the ultimate vision and stated
policies which include improved pedestrian amenites, shared parking for commercial uses, and
mixed use development.
Planning Report — Lupe Holdings
July 26, 2011
Page 4
Public Benefit — The submitted narrative indicates the following public benefits of "bringing
strong and popular national retailers to this portion of Eagan": increased employment; increased
sales tax generation from new business; increased activity at the site will benefit neighboring
businesses and boost the tax base of the property. The applicant's narrative further indicates that
alternative single -tenant options are less attractive users and they "believe the diversity of
retailing" of the proposed multiple tenant approach "will result in a much better use of the
building and will provide greater stability and flexibility for future tenants."
Parking — A total of 39 off-street parking stalls are proposed. One existing stall is lost to the
sidewalk connection to Cliff Road, and one is added off the northwest corner of the building.
The City Code has no specific standard for a parking ratio for Class II restaurants. The City
Code identifies a 1 stall per 3 seats ratio for restaurants generally, and a one stall per 60 gross s.f.
for drive-in or drive-through food establishments. The proposed Chipotle provides cafeteria style
service and much of the business is take-out, thus resulting in the Class II designation. Applying
the one stall per 60 g.s.f. standard to the Chipotle space, and the retail standard of one stall for
each 200 s.f. to the balance of the building area, the required parking total is 60 stalls.
Alternatively, applying the 1 stall per 3 seats standard used for other restaurants reduces the site's
parking requirement to 44.
While the applicant notes on -street parking is available, the City Code contemplates only off-
street parking to satisfy parking needs for any development. City officials may give
consideration to reduced vehicle parking based on the proposed pedestrian improvements and a
potential for shared parking with the neighboring property, occupied by a Leann Chin restaurant
which is a similar cafeteria style restaurant with both dine -in and take-out service. A review of
City records supports that a shared parking arrangement was intended when these two lots were
initially developed in 1983-84.
The applicant has submitted additional information that speaks in detail to the anticipated
parking and level of activity this location will see. Leeann Chin has submitted a letter in support
of this proposal stating that "a Chipotle and other retailers at this location will be a benefit to
Leeann Chin." The letter further indicates "the parking lot overflow scenario is a very modest
tradeoff compared to the impacts of having a vacant building next door."
Bulk Standards -
Setbacks — Existing setbacks will remain. No expansion of the building footprint is
proposed. An additional trash enclosure will be constructed on the north side of the
building.
Building Coverage — Building coverage is at 17.5%. This is less than the 20% to 35%
maximum typically allowed in commercial zoning districts (NB and CSC).
Green Space — Current site green space is 26%. A net reduction to 25.6% (132 s.f.) is
proposed for changes to accommodate new storefront, parking and accessible ramp for
gtp
Planning Report — Lupe Holdings
July 26, 2011
Page 5
the northerly tenant space. Pervious pavers are proposed in this area. The design of the
pervious paver system should be reviewed and approved by the City's Engineering
Division prior to installation.
Building Elevations/Architecture — Primary exterior building materials consist of brick with a
block base and glass. Modifications to the building exterior include adding new storefronts for
the proposed four tenants, prefinished metal sunscreens above each storefront space, new lighting
sconces on the exterior, and additional signage for multiple tenants.
Mechanical Equipment Screening - With the change from a retail use to a restaurant use, new
rooftop mechanical equipment is anticipated. City Code requires that rooftop mechanical
equipment be screened from off-site views. The plans include new screens consisting of pre -
finished architectural metal panels to be installed around rooftop mechanical units for screening
purposes. These panels should be in a color that matches the exterior building materials.
Patio Plan — Enclosure of the patio and controlled access from within the building is required if
the restaurant will be serving liquor, as is proposed for this site. Detail of the decorative fence to
enclose the patio area is shown on the Planning Commission Presentation plan sheet. The fence
is constructed of square steel tubing, and is 3'0" in height. A total of 13 seats are proposed in the
outdoor patio area in front of the restaurant space. Sufficient sidewalk width is available for
pedestrian movement outside of the fenced patio area. The outdoor dining patio must be
designed and operated consistent with the provisions in City Code Section 11.70, Subd. 29
regarding outdoor dining areas (e.g. handicap accessible, no food or beverages stored outdoors,
hours of operation limited to those of the principal restaurant, etc.).
Trash Enclosure — The applicant proposes an additional trash enclosure adjacent to the existing
enclosure on the north side of the building. The new enclosure will match the existing brick
finish and new gates will be installed on the existing enclosure to match the new one.
Landscape Plan — Enhancements are proposed to the existing landscaping which was installed
with the initial development in 1993-94. New shrubs are proposed at the base of the pylon sign
(spirea) and beneath existing mature trees along the perimeter of the site (dogwood and compact
cranberrybush) to provide screening of the parking areas from the public rights-of-way. New
landscaping consisting of perennial flowers and grasses is also proposed along the west side of
the building.
Building Address Numbers — In accordance with Section 2.78 of the City Code, building
numbers should be conspicuously displayed on the building, in suitable location in an upper
corner or near the building entrance so it can be clearly seen from the street and read during all
hours of the day. Commercial building numbers shall be a minimum height of 12 inches and in a
contrasting color to the color of the building
Signage — The site is served by an existing pylon sign that will be replaced with panels for all
four proposed tenants. The 10'4" x 12'1" sign is 125 s.f. in area, the maximum area permitted by
Planning Report — Lupe Holdings
July 26, 2011
Page 6
the Sign Code. The applicant proposes to utilize the existing brick pylon base, and the new sign
including the base should not exceed a total height of 27'. Landscaping is also proposed at the
base of the pylon sign to enhance the aesthetics of this feature.
The applicant is proposing building signage above each tenant entrance, with three signs on the
south side facing Cliff Road and two on the west elevation. Per City Code, endcap tenants may
have signs on the two facades of the space occupied. Thus, Chipotle is proposing signs on the
west and south elevations, and Tenant #3 on the east end of the building proposes signs on the
south and east elevations. Tenant #4, the northern tenant, is proposed to have signage on the
west elevation above the storefront entrance, and also on the east elevation. The east elevation
sign for Tenant #4 is proposed in lieu of signage on the north elevation that would otherwise be
afforded this endcap tenant.
The proposed signage on the east elevation for Tenant #4 is a deviation from City Code. City
staff questions the appropriateness of placing signage on the east elevation, above the service
drive between the two buildings. The proposed signage on the east elevation for this tenant is
marginally visible because it is obscured by the neighboring Leann Chin building, and appears to
be redundant with the pylon sign which provides all tenants visibility from Cliff Road. Thus, a
staff suggests eliminating the Tenant #4 sign on the east elevation (see condition #10).
The building sign band is proposed to be 5' in height. Chipotle's signs are proposed to be 21'2"
in length, with other tenant signs anticipated to be 15' — 16' in length. All signage on the
building should be of similar construction and fit within the identified sign band areas.
Grading/Storm Drainage — Minimal grading is necessary to accommodate new parking an
accessible ramp on the west side of the building. The area is proposed to be finished with
pervious pavers, however, it nonetheless results in a small net increase in impervious surface
(132 s.f.). The existing storm drainage system is designed to accommodate additional storm
water runoff from the slight increase in impervious surface.
Wetlands — There are no wetlands on the site.
Access/Street Design — Vehicle access is provided from Park Center Drive to the west, and
through a shared drive with the neighboring property to the north. Internal site circulation is
facilitated between the two lots with a shared drive between the buildings, and connections
between the parking areas north and south of the buildings.
In keeping with the principles in the Cliff Road Commons Special Area Plan which encourage
pedestrian connections, the site plan shows a new pedestrian connection to the trail along the
north side of Cliff Road. The sidewalk construction will occur partially within the Cliff Road
right-of-way. The owner is responsible for obtaining any necessary pen -nits from Dakota County
for this work. The pedestrian path also will be striped across the front parking area to the front
door. A bicycle rack is also proposed on the west side of the building outside of the proposed
Chipotle restaurant. These accommodations are expected to result in a decreased reliance on
Planning Report — Lupe Holdings
July 26, 2011
Page 7
parking for some customers, and are consistent with the goals of the Cliff Road Commons
Special Area. Consideration should be given to their partially offsetting typical off-street parking
requirements.
While not shown on this plan, a pedestrian connection between the subject site and the adjacent
Leann Chin was part of Leann Chin's drive-thru proposal last year. Identifying that connection
with the Leeann Chin improvement will facilitate movement between the two buildings.
Easements/Rights of Way/ Permits - The owner is responsible for obtaining any necessary
permits from Dakota County for the installation of the sidewalk connection to the existing trail
within the Cliff Road right-of-way.
On -Sale Liquor — The applicant is requesting on -sale liquor approval for the proposed Chipotle
restaurant. This site appears to be consistent with licensing requirements. The property is guided
and zoned for retail commercial uses. There are no protected uses (i.e., daycare centers, schools,
churches) within the special use setback of 200'. The appropriate liquor license would need to be
obtained from the City for the restaurant. On -sale liquor sales also should comply and be
operated in accordance with all relevant state laws and regulations.
SUMMARY/CONCLUSION
In summary, Lupe Holdings Corp. is proposing to convert the former single -occupant
Blockbuster video rental store to a multiple tenant retail building with a Class II restaurant
(Chipotle) and three other commercial retail tenants. The Chipotle restaurant proposes an
outdoor patio dining area and on -sale liquor.
Building modifications consist of adding new storefronts and signage to accommodate multiple
tenants, as well as decorative metal sunscreens, wall light sconces and screening of rooftop
mechanical equipment. A second trash enclosure will be added to the north side of the building.
Site improvements include a sidewalk connection to the trail along Cliff Road, additional
landscaping, and a bicycle rack.
The proposed Planned Development Amendment includes deviations to off-street parking
requirements and building signage. The Planned Development zoning can accommodate such
deviations, the acceptability of which is a policy matter to be determined by City officials.
ACTION TO BE CONSIDERED
The applicant is requesting approval of a Planned Development Amendment to allow a multi -
tenant retail commercial use and a Class II restaurant with outdoor patio dining and on -sale
liquor upon property located at 2075 Cliff Road, legally described as Lot 1, Block 1, Park Center
Fourth Addition.
If approved the following conditions shall apply:
Planning Report — Lupe Holdings
July 26, 2011
Page 8
1. An Amendment to the Planned Development Agreement shall be executed and recorded
with the Dakota County Recorder's office prior to issuance of a building permit. Proof of
recording shall be provided to the City. The following plans are required for the
Agreement:
• Site Plan
• Building Elevations
• Signage Plan
• Patio Plan
• Landscape Plan
2. The site shall be developed in conformance with the approved plans:
a. Patio Plan dated June 29, 2011
b. Building Elevations and Signage Plan dated June 29, 2011
c. Landscape Plan dated June 29, 2011
3. This Amendment is intended to supplement and amend the existing Planned
Development Agreements. All other conditions in the Development Agreement remain
in effect and the Property is subject to the terms and conditions of the Development
Agreement, as amended by this Amendment. This approval shall be based on the
Building Elevation, Signage and Landscape Plans.
4. Rooftop mechanical units shall be screened from off-site views. Any panels used to
screen such equipment shall be finished in a color to match the exterior finish materials of
the building.
5. The design of the pervious paver system shall be reviewed and approved by the City's
Engineering Division prior to installation.
6. Building address numbers shall be installed in accordance with Section 2.78 of the City
Code.
7. The pylon shall be constructed utilizing the existing brick pylon base as depicted on the
Proposed Elevations plan sheet dated June 29, 2011. The pylon sign shall not exceed 125
s.f. in area and a total height of 27'.
8. The building sign band is proposed to be 5' in height, with Chipotle's signs 21'2" in
length and other tenant signs 15' — 16' in length.
9. All signage on the building shall be of similar construction and fit within the identified
sign areas.
10. Building signage on the east elevation for Tenant #4 shall be eliminated.
Planning Report — Lupe Holdings
July 26, 2011
Page 9
11. Patio umbrellas shall not contain signs or logos.
12. The outdoor dining patio must be designed and operated consistent with the provisions in
City Code Section 11.70, Subd. 29 regarding outdoor dining areas.
13. A new pedestrian connection shall be made between the site and the existing trail along
Cliff Road as shown on the Site Plan. The owner is responsible for obtaining any
necessary permits from Dakota County prior to commencing this work.
14. A liquor license shall be obtained from the City for the restaurant. On -sale liquor sales
also shall comply and be operated in accordance with all relevant state laws and
regulations.
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Project Name: Lupe Holdings Corp.
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Case No.: 30 -PA -06-06-11
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TOTAL SITE AREA: 40)39 SGL FT.
TOTAL BUILDING AREA: 1,028 GBF. (115%)
REQUIRED GREEN SPACE: 12,042 SQ. FT.
EXISTING GREEN SPACE: APPROX. 10,469 5Q. Ft. (26%)
PROPOSED GREEN SPACE: APPROX. 10,251 5Q FT. (25b%)
NET CHANGE OF: -132 5Q. FT. (A%)
133 50. FT. OF PERVIOUS PAVERS PROPOSED
SITE PARKING:
REQUIRED PARKING:
RESTAURANT: 2.225 CBF. / 60 • 31 STALLS
RETAIL: 4,500 G.SF. / 200 • 23 STALLS
TOTAL: 60 STALLS REQUIRED
39 PARKMG STALLS PROVIDED 410 AVAILABLE ON STREET
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PLANNING COMMISSION
PRESENTATION & PATIO PLAN
Lupe
Development
Partners, LLC
June 13, 2011
Pamela Dudziak
City Planner
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
RE: 2075 Cliff Road — PD Amendment Application
PID: 105672301010
Legal Description: Lot 1, Block 1, Park Center Fourth Addition, Dakota County, Minnesota
Dear Pamela,
In 1993, the building at the above mentioned address was designed and built as a single -user video store
(Blockbuster Video). Recently, Blockbuster filed for bankruptcy and vacated the building. Our plan is to
demise the space to accommodate up to four users and add a second trash enclosure in the rear of the
building.
This building is zoned PD and sits directly between Hwy 77 and Interstate 35E. Adjacent to the property
is a Leann Chin and the Oak Woods Apartments. This portion of Cliff Road is a high traffic, retail corridor
with many retailers, including Target and other national fast food restaurants. Our plan is to re -lease
the building as a multi -tenant building that will provide food and services to the surrounding
community. This application prepares the building for that purpose.
The applicant has a twenty-three year history of development in the Twin Cities. We have owned this
building since 1999, and remain a local, family-owned management and development enterprise.
To date, we have had several leasing inquires and have received three Letters of Intent. One LOI is
executed by Chipotle Mexican Grill and we expect to have a Lease in place shortly. Chipotle is viewed as
a highly desirable neighbor to other retailers, and we expect a prompt and orderly lease -up of the
remaining space based on the inquiries thus far.
RECEIVED PN 1 57,11
It -
NARRATIVE
1«
1701 Madison Street NE, Suite 111
Minneapolis, MN 55413
Phone: 612.436.3200
Fax: 612.436.3201
www.lupedevelopment.com
Chipotle will incorporate a fresh new facade to a portion of the currently vacant building. Our own
facade treatment will provide additional storefront and customer access to the multi -tenant spaces. We
expect work to commence immediately upon granting of this application, with completion of the first
tenant space by end of the year. As part of this amendment application, Chipotle will be seeking
permission to sell alcohol on premise and add an outdoor patio area (to conform with city zoning laws).
Two additional retail uses have been identified as a mobile electronics store and a hair salon. These two
uses, along with Chipotle, would front on the prominent Cliff Rd side of the building. While Chipotle will
do their traditional trade dress package (see elevations included), Lupe Holdings Corporation will modify
the existing facade by adding doors to the storefront and adding a signage band for the Tenants. As
part of this alteration, it is necessary to do some re -grading of the sidewalks to provide ADA access to
the stores. Furthermore, a renovated pylon sign (with lighting) will accommodate proper letter sizes for
up to four tenants (see plans included).
The rear space must be demised before we can effectively market it. The new storefront is critical to
this task. Based on the tenant mix indicated above, we are confident that this space will fill itself once
construction begins and the other three users open for business.
The sidewalk along the west portion of the building will need to be altered and a storefront system will
need to be cut in to the masonry wall to create an inviting and marketable space. Elevations of the
proposed storefront are included with this application. Per the City signage guidelines, endcap users are
allowed to install signs on two adjacent elevations. Due to the orientation of the building, the rear
space has limited exposure to Cliff Road and the secondary elevation adjacent to the proposed
storefront faces the Oak Wood Apartments (also the location of the trash enclosures). It would not be
desirable for the residents to have this lit sign facing them, nor would it meet the needs of the tenant
for advertising to Cliff Road traffic. Accordingly, we seek alternative compliance to allow the secondary
signage for this endcap space to be placed on the east facing facade of the building. Per the drawings
included, it is requested that City grant permission to post signs on the east elevation for the rear user in
lieu of north elevation signage.
Our proposed re -positioning of the building to multi -tenant use will have limited impact on the City
services or surrounding properties. There are no major site plan modifications that would result in
additional runoff or require any alterations to the stormwater management. While the old Blockbuster
used minimal water and sewer service, a Chipotle will increase this usage moderately. Chipotle's
mechanical engineers will perform water and drainage calculations to ensure that the building and City
systems can accommodate the increased usage. The other general retailers will only increase the usage
by the number of bathrooms that will be added to the building. No additional kitchens or food users are
proposed.
The repositioning of this building provides many public benefits by bringing strong and popular national
retailers to this portion of Eagan. The increase in employment will be substantial and sales tax
generation from these vibrant businesses will replace a moribund retail category that is no longer viable
in the marketplace. Neighboring businesses will benefit from the increased activity at the site while
boosting the tax base of the property.
Time is of the essence. It is our goal to move forward with the current prospects and continue to
market the remaining space. If Leases are executed before the August 2nd City Council meeting, Lupe
Holdings Corporation further requests that the City allow the interior demising work to commence prior
to the City approvals. A complete set a construction permit drawings will be submitted and typical and
appropriate permitting protocol will be followed. We understand that any costs incurred are at our own
risk. Upon final approvals, the exterior work would then be completed.
In today's market, it is unlikely to find an appropriate single tenant -user for a retail box of 7,000 square
feet. We declined overtures from regional video companies and liquor stores because we believe the
diversity of retailing will result in a much better use of the building and will provide greater stability and
flexibility for future tenants. We are excited to get moving on this project and to work with the City to
bring much needed enthusiasm to this site.
Please do not hesitate to contact me with any questions or concerns. I can be reached at 612-436.3203
or aaron.diederich@lupedevelopment.com.
Sincerely,
LUPE HOLDINGS CORPORATION
Aaron Diederich
Project Manager
Enclosure
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July 5, 2011
Pamela Dudziak
City Planner
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
RE: 2075 Cliff Road — PD Amendment Application
Dear Ms. Dudziak,
This letter supplements our two meetings and our submission to amend the existing Planned
Development at the aforenoted property.
We do not agree with the purported staff finding that this general retail location is subject to Eagan City
Code Section 11,70, Subdivision 5 (E) for the portion proposed to be leased to a Chipotle Restaurant. As
outlined on our submittal page a021, there is no "...drive-in or drive-through food establishment..." that
would dictate a need for one space per 60 square feet of gross floor area, or 37+ parking spaces for the
Chipotle tenancy alone,
Our submittal meets the requirement of Eagan City Code Section 11.70, Subdivision 5 (M)
"..,Restaurants, cafes, bars, Taverns, nightclubs ...at least one parking space for each three(3) seats
based on capacity design..." As the proposed capacity design is for 63 seats, the Chipotle Restaurant
should only require 21 seats,
This misapplication of the code is driving the need for 17 additional parking spaces that are not available
on a site that presently has a total of 38 parking spaces,
Pursuant to Eagan City Code Section 11.70, Subdivision 5 (N), retail stores generally require off-street
parking at a ratio of one space per 200 square feet. The 4,500 SF balance of the retail would therefore
require a total of 23 parking spaces. Our belief Is that the 21 spaces required for a 63 -seat restaurant
and the remaining retail requirement of 23 spaces equals a total need for 44 spaces.
roR
SUPPLEMENTAL NARRATIVE
1701 Madison Street NE, Suite 111
Minneapolis, MN 55413
Phone: 612.436.3200
Fax: 612,436.3201
www.lupedevelopment.com
We can meet these needs with 38 spaces on site and over eight street spaces on a closed loop,
commercial drive. Park Center Drive — particularly at the west intersection with Cliff Road — is a low
volume route.
Although these street spaces are not included In the City's calculation, they do exist and with them, the
property will meet the Intent of the City's Comprehensive Plan, as well as the specific Imputed
flexibilities Intended In Eagan City Code Section 11,60, Subdivision 18 (A) (1-5). I will review that section
of the Code further in this supplement.
At our meeting on June 22, 2011, you expressed concern that a recent Chipotle tenancy in north Eagan
(The Promenade) was a factor in applying the drive-in/drive-thru parking standard of Eagan City Code
Section 11,70, Subdivision 5 (E). The Promenade area has a daytime population of 25,351 within a two-
mile radius, while the proposed Cliff Road location consists of a 12,025 daytime population within two -
miles. The proposed Chlpotle location has a daytime population target of less than half of the
Promenade location.
The proposed Cliff Road Chlpotle is designated an 'A -Model' location. Further details of Chipotle's `A -
Model' business plan are provided in the attached letter from Chipotle's Real Estate Manager, The
parking demand at the Cliff Road location will not be similar to the north Eagan location, and In fact will
be 'substantially similar' to any other restaurant permitted to operate in Eagan under Eagan City Code
Section 11,70, Subdivision 5 (M). We can find no factual or legal basis for making a finding that we must
qualify for parking under Eagan City Code Section 11.70, Subdivision 5 (E ) and In fact, find supporting
evidence in your Zoning Code and Comprehensive Plan 2030 for the typical restaurant standard and not
for any higher, unsubstantiated drive-thru standard.
We are going to decline your suggestion that we reduce the size of the building to make way for
additional surface parking. Demolishing the rear of the building for surface parking would significantly
reduce the value of the building, would be economic waste, and Inconsistent with Eagan City Code
Section 11.60, Subdivision 18 (A) (3). More so, all of the utilities (electrical, gas, water and drain) enter
the building in the rear and it is also the location of the trash enclosure. Such a removal for surface
parking would not produce a new aisle of parking given the need for utility and trash access.
As referenced in Eagan City Code Section 11.60, Subdivision 18 (A) (1-5), the PD District imparts a
specific and intentional flexibility/relaxation of strict application of the zoning ordinances, in exchange
for greater creativity, environmental sensitivity, efficient land use and meeting the objectives of the
Comprehensive Plan. It is our representation to the City of Eagan that the adaptive redevelopment of a
7,000 sf video store to multiple tenant services is specifically consistent with the Comprehensive Plan to
diversify the tax base and provide broader employment opportunity, quality of life and enhanced
municipal Image. The more restrictive LB, NB and GB Districts do not Impart the drive-thru standard on
a non drive-thru restaurant, so we are puzzled why the PD District — a more flexible district would be so
burdened?
Goal 9,1 of the Comprehensive Plan directs the City to: "Encourage a broad range of businesses in terms
of size, type and market emphasis to protect the community against economic cycles." Clearly, as this
lad
Goal relates to Policies 9.1, 9,2 and 9.3 we are moving away from an obsolete retail category and
providing the necessary diversity and tenant mix that will insulate the property from further cyclical
decline. We also call your attention to Goals 9.7, 9.13 and 9,20 which are furthered by the diversification
of the property Into multiple tenant uses.
Having a strong national credit tenant such as Chipotle will benefit the community image, (See Comp
Plan Section 9.18-9.20). Chipotle will be the catalyst for infilling the balance of the remaining spaces
with other quality national and local retailers that can provide better paying jobs. Strong tenants favor
investment in the property, Including facade and landscape Improvements requested by the City. This
adds tax and aesthetic value to the building, and is consistent with Comp Plan policy 9.3.
Having multiple tenants Insulates the landlord from the vagaries of the retail Industry. As I stated In my
previous letter, the retail real estate market is presently under great stress. Qualified and appropriate
single -tenant users looking for 7,000 SF are not the kind of retailers we believe meet the intentions of
your Land Use section of the Comprehensive Plan. Our reading of the Cliff Road Commons Special Area
Vision is that this area is intended in the future for much greater density, transit -orientation and
additional residential development at low and medium densities. We Interpreted these vision points to
be walk -able In scale and service oriented. Chipotle and our three other small retailer uses proposed is
consistent with this approach. In the alternate, single tenant users for this space such as Auto parts,
liquor stores and storage uses seem to be less consistent and perhaps detrimental to the Cliff Road
Commons vision for a prime shopping boulevard with retailers of the first class. Those single tenant
uses do not require a PD amendment, and would not dictate any fagade improvement. Absent flexibility
on our request those options would have to be reconsidered If we are to support the property and meet
our obligations.
Additionally, there is the risk of the building sitting vacant for a long period of time. We believe we have
pro -actively marketed the building almost as soon as Blockbuster had vacated the premises. Our effort
deserves your consideration, particularly since we are willing to accept a single restaurant use limitation
under the amended plan.
As an act of good faith, we have been keeping the owner of Leann Chin (Tenant) apprised of our plan to
reposition the building. The Tenant Is very supportive of our project and hopes that we bring fresh new
users to the space in order to create a synergy between the two adjoining properties. We have
discussed a reciprocal 'cross -parking' scenario as the Leann Chin parking lot is rarely full during peak
hours. Leann Chin is amenable to this idea and will be providing a letter of support outlining our recent
discussions. These would be informal arrangements, and not an easement, but we believe you have the
flexibility under the PD District to entertain such alternative land use creativity if we were able to
memorialize it. Further details of this effort will be provided on or before August 2", 2011 (City Council
meeting).
To conclude, we are taking proactive steps to minimize perceived adverse Impacts. Our investment and
that of our proposed tenants should be encouraged in your PD District, and we hope this supplemental
1 lb
c-Tt
information provides you some additional facts to support our application for acceptance of the
proposed use with the existing 38 parking spaces and our provision of facade and landscape upgrades.
Please do not hesitate to contact me with any questions or concerns. I can be reached at 612-436-3203
or aaron.diederich@lupedevelopment.com
Sincerely,
LUPE HOLDINGS CORPORATION
�uti4y✓ � I�r
Aaron Diederich
Project Manager
Enclosure: Letter from Chipotle dated 7/1/11
CHIPOTLE
tigxici!.sN 'ORILL
Lupe Development Partners
attn: Aaron Diederich
1701 Madison Street NE, Suite 111
Minneapolis, MN 55413
July 1, 2011
CHIPOTLE MEXICAN GRILL, INC.
1401 NYNXOOP STREET, SUITE 500
DENVER, CO 80202
nn.x 303.595.4000
wym C111pot 1C. COT
Aaron,
Pursuant to our previous conversations regarding the proposed
redevelopment of the former Blockbuster Video on Cliff Road in Eagan, MN,
I would like to formally submit this letter from Chipotle Mexican Grill.
It appears that the City of Eagan is concerned with the anticipated
parking environment at the proposed redevelopment of the vacant
Blockbuster on Cliff Road. The City is looking at our existing Chipotle
to the north on Yankee Doodle as a parking comparison. Our existing
Eagan site is indeed a busy, high -performing location and the parking at
times can be challenging. However, I don't believe this is an apples -to -
apples comparison.
Chipotle's benchmark for ensuring a successful restaurant has always been
in locating its restaurants within trade areas with significant daytime
(or employee) population within a two-mile radius of our site. This is
Chipotle's core customer. We have learned through our twelve (12) years
of operating fifty-two (52) restaurants in the Minneapolis market that
this core customer will visit our restaurants frequently if they are
located within a two-mile radius of our site.
Iia
The demographics of Chipotle's existing Eagan site and its proposed Eagan
site are quite different as evidenced below:
Existing Eagan Chipotle:
Two-mile daytime/employee population = 25,351 (source: Alteryx, Inc.,
June 2011)
Proposed Eagan Chipotle:
Two-mile daytime/employee population = 12,025 (source: Alteryx, Inc.,
June 2011)
As you can see from the demographics above, the proposed Eagan Chipotle
registers a two-mile daytime population that is less than half of the
existing Eagan Chipotle's daytime population. Therefore, we anticipate
the proposed Eagan Chipotle will register fewer sales than that of the
existing Eagan Chipotle. Fewer sales equates to fewer customers needing
to park on site.
The proposed Eagan Chipotle is what Chipotle labels an 'A -Model' site;
meaning in high brand awareness markets where Chipotle is clearly the
category leader, as we are in Minneapolis (52 locations in the
Minneapolis - St. Paul market), we are now pursuing trade areas that
don't always meet this high daytime/employee population criteria.
These 'A -Model' sites are projected to register fewer sales than that of
a traditional Chipotle location (i.e. existing Eagan Chipotle). However,
the economics required by Chipotle to secure a second -generation space
(i.e. vacant Blockbuster) are less than the economics required to secure
brand-new first generation space. Therefore, Chipotle's economic model
still works and we are able to achieve our preferred returns, albeit with
less gross sales than at our traditional sites,
CSIPCTLE FIEXICAN GRILL, INC 1401 WYNROOP STREET, SUITE 500 DENVER, CO 90202 I4AIN 303.595.4000 FAX 303.176.5197
113
Bottom line:
ChiPoO.e is eontideht we will Perform Well at the propoaed Eagan
location; however, due to the absence of a Oigni..ficant daytime POpulatiCn
within two -miles of the Site, we will not Perform SS Well 00 we do at otic
existing Eagan Chipotle on Yankee Doodle, TkOgig#4, the parking
environment at the proposed Eagan /Poati91 will not function like our
existing siteS parking ehY'ir9h19e#,
Finally, chiPOtle Will be the 'ft:11Y tO2d-14se allowed.in the redeVelopment
per the ter6s 9f our lease a6keeMe4t With landl*c1/ tutt114. 11.14ting. any
Potentia]. Parking doncerns?
POr the reasons outlined :abOVO; Chipotle is donfAdent that the existing
i)4/0,n4 environment at the afOreMeh4Phed PrOPoeed',redeVelOpment
sufficient to satisfy all of the tenants in the 'redevelopment7
Please feel free to contact me with any OueStionef
Thank you,
Corey Jonee
Real Estate Manager
Chipotle Mexican
C111.1'OTLII I0OZCAOI GRILL, TIC 1401 WYNKOOP STREEt, SUITS SOO. DENVER, CO 802.02 !lid:4 j03,5.95,4600 FAX 30.64097
I Pi
-
LEEANN CHIN
July 18, 2011
Pamela Dudziak
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
RE: Former Blockbuster— Eagan, MN
Dear Ms. Dudziak,
RECEIVED
JUL 2 0 2011
A few weeks ago we were contacted by Lupe Development Partners and were given a brief description of
their plans for the former Blockbuster Video next door to our Leeann Chin restaurant. Additionally, the
contact at Lupe described the amendment process and how it required an 'approval' process from the
City of Eagan in order to reposition the building from a single user to a restaurant/retail shopping center.
We are in full support of Lupe's plan to reposition this building and hope that this letter will aid in their
seeking of city approvals.
Since the departure of Blockbuster, we have noticed a decrease in the traffic and business at our
restaurant. It is our belief that a Chipotle and other retailers at this location will be a benefit for Leeann
Chin. Having complimentary neighbors will strengthen both our business and the new tenants of the
shopping center.
It is my understanding that the city is concerned with the parking limitations of the site. It Is rare that our
parking lot is completely full at any given time and don't feel that this will be an issue. We have discussed
a joint parking scenario where spillover may occur across the lot lines. We are amenable to this situation
for the duration of our lease and future option terms. We have been in operation at this location for
nearly three years and have a balance of just under four years on our lease term. Historically, this location
has had strong revenues and the parking lot overflow scenario is a very modest tradeoff compared to the
impacts of having a vacant building next door. The reduction of traffic to the site has had an adverse
impact to our business and we strongly encourage the city to approve Lupe's application and allow them
to bring some hustle & bustle back to this location.
For any questions, I can be reached at 952-820-1233.
Mike Loney
Chief Operating Officer
Leeann Chin, Inc.
Leeann Chin, Inc.
3600 American Boulevard West, Suite 52, Bloomington, MN 55431
P: (952) 896-3606 F: (952) 896-3615
www.leeannchin.com
1iS
LEEAN CHIN LETTER
Advisory Planning Commission
July 26, 2011
Page 5 of 10
B. Lupe Holdings Corp.
Applicant Name: Lupe Holdings Corp.
Location: 2075 Cliff Road; Lot 1, Block 1, Park Center Fourth Addition
Application: Planned Development Amendment
A Planned Development Amendment to allow a multi -tenant retail commercial use and a Class
II restaurant with outdoor patio dining and on -sale liquor.
File Number: 30 -PA -06-06-11
Planner Dudziak introduced this item and highlighted the information presented in the City Staff
report dated July 21, 2011. She noted the background and history.
Member Vanderpool inquired about the drive aisle between buildings and a possible drive-
through for Chipotle. Planner Dudziak responded there is no designated parking in the drive
aisle between buildings and Chipotle will not have a drive-through.
City Planner Ridley explained that on -street parking is not counted towards parking
requirements and cannot be relied on. City Code is designed to have parking needs handled on
site.
Member Piper asked about shared parking with Leeann Chin.
Planner Dudziak stated there is no shared parking agreement on record; however, the owner of
Leeann Chin has provided a letter stating their support for the proposal and sharing parking
between the two sites. Shared parking was discussed and the possibility of formalizing a
shared parking agreement between Leeann Chin and the Chipotle site, if both parties were in
favor.
Aaron Diederich, Lupe Holdings Corp., discussed their long term tenant relationships and
improved property value with the addition of Chipotle. He discussed the improvements of adding
a pedestrian walkway connecting. the Cliff Road sidewalk to the front of the building, and adding
bike racks. He explained that they would like the submitted screening for rooftop equipment to
serve as an example, and final screening to be determined once actual rooftop equipment plan
is finalized. He discussed building signage and requested that signage be allowed on the east
elevation for the northern tenant,to maximize visibility. He further stated that signage is a
valuable asset for prospective tenants so it is important that they have the ability to place
signage on the east elevation,
Member Dugan stated concern for the lack of parking and the fact that the City cannot force
Leeann Chin into a shared parking deal. He went on to say that he is concerned with the
proposal because of the intensity of the plan, the sidewalk connection effects parking,
pedestrian safety, and the plan being sold based on Chipotle who is not a guaranteed tenant.
Mr. Diederich stated they do have a lease with Chipotle pending approval of the application. He
explained that one parking space would be lost to the sidewalk addition, and one parking stall
added at the north end of the building.
Steven Minn, Principal of Lupe Holdings, Corp. stated they have worked with Chipotle and have
a 10 year lease with the this national company. He stated a strong credit anchor tenant such
as Chipotle will bring better tenants for the remaining spaces.
Cory Jones, Real Estate Manager for Chipotle, discussed the level of commitment to the site
IIS
Advisory Planning Commission
July 26, 2011
Page 6 of 10
with the final lease pending approval.
Chair Heaney opened the public hearing.
There being no public comment, Chair Heaney closed the public hearing and turned the
discussion back to the Commission.
Planner Dudziak discussed parking standards for Class I and Class II restaurants and stated
Chipotle is considered a Class II restaurant; however, restaurant concepts continue to evolve.
Member Dugan stated concern for the large range in parking standards.
Chair Heaney stated it is a Planned Development within a Special Area that has been intended
to be used as commercial and entertainment for years.
Member Supina suggested the following additional condition: The applicant shall demonstrate
proof of parking for an additional five (5) spaces, which may be satisfied with a cross easement
with the adjacent property.
Member Supina moved, Member Piper seconded a motion to recommend approval of a
Planned Development Amendment to allow a multi -tenant retail commercial use and a Class
II restaurant with outdoor patio dining and on -sale liquor upon property located at 2075 Cliff
Road, legally described as Lot 1, Block 1, Park Center Fourth Addition, subject to the following
conditions as amended:
1. An Amendment to the Planned Development Agreementshall be executed and recorded
with the Dakota County Recorder's office prior to issuance of a building permit. Proof of
recording shall be provided to the City. The following plans are required for the Agreement:
• Site Plan
• Building Elevations
• Signage Plan
• Patio Plan
• Landscape Plan
2. The site shall be developed in conformance with the approved plans:
a. Patio Plan dated June 29, 2011
b. Building Elevations and Signage Plan dated June 29, 2011
c. Landscape Plan dated June 29, 2011
3. This Amendment is intended to supplement and amend the existing Planned Development
Agreements. All other conditions in the Development Agreement remain in effect and the
Property is subject to the terms and conditions of the Development Agreement, as amended
by this Amendment. This approval shall be based on the Building Elevation, Signage and
Landscape Plans.
4. Rooftop mechanical units shall be screened from off-site views. Any panels used to screen
such equipment shall be finished in a color to match the exterior finish materials of the
building.
5. The design of the pervious paver system shall be reviewed and approved by the City's
Engineering Division prior to installation.
6. Building address numbers shall be installed in accordance with Section 2.78 of the City
Code.
117
Advisory Planning Commission
July 26, 2011
Page 7 of 10
7. The pylon shall be constructed utilizing the existing brick pylon base as depicted on the
Proposed Elevations plan sheet dated June 29, 2011. The pylon sign shall not exceed 125
s.f. in area and a total height of 27'.
8. The building sign band is proposed to be 5' in height, with Chipotle's signs 21'2" in length
and other tenant signs 15' — 16' in length.
9. All signage on the building shall be of similar construction and fit within the identified sign
areas.
10. Building signage on the east elevation for Tenant #4 shall be eliminated.
11. Patio umbrellas shall not contain signs or logos.
12. The outdoor dining patio must be designed and operated consistent with the provisions in
City Code Section 11.70, Subd. 29 regarding outdoor dining areas.
13. A new pedestrian connection shall be made between the site and the existing trail along Cliff
Road as shown on the Site Plan. The owner is responsible for obtaining any necessary
permits from Dakota County prior to commencing this work:
14. A liquor license shall be obtained from the City for the restaurant. On -sale liquor sales also
shall comply and be operated in accordance with all relevant state laws and regulations.
15. The applicant shall demonstrate proof of parking for an additional five (5) spaces, which
may be satisfied with a cross easement with the adjacent property.
16. All new pedestrian routes shall be accessible.
Member Supina suggested a shared parking agreement be established with the adjacent
property owner prior to the City Council meeting.
Member Dugan reiterated his concern for the intensity of the design.
Chair Heaney called the question.
Aye: Chair Heaney and Members Filipi, Piper, Jansma, Supina, and Vanderpoel.
Nay: Member Dugan.
Motion carried 6-1.
11�
Agenda Information Memo
August 1, 2011, Eagan City Council Meeting
C. CONDITIONAL USE PERMIT — INTERSTATE BUSINESS CENTER
ACTION TO BE CONSIDERED:
To approve (OR direct preparation of Findings of Fact for Denial) a Conditional Use Permit to
allow outdoor storage of trailers, delivery trucks and forklifts on property located at 2995 Lone
Oak Circle legally described as Lot 1, Block 1, Eagandale Center Industrial Park No.11, subject
to the conditions listed in the APC minutes.
REQUIRED VOTE FOR APPROVAL: Majority of Quorum
FACTS:
D The property is located on Lone Oak Road, with access from Lone Oak Circle.
D The property is zoned I-1 (Limited Industrial), and surrounded by similar zoning
districts and businesses with outdoor storage.
D The 110,000 sq. ft. office/warehouse building was constructed in 1995.
D Outdoor storage of moving trucks is occurring in the NW comer of the property.
D Existing landscaping and berming provides screening from the right-of-way.
D The proposed storage satisfies 5 of the 6 conditions as no enclosure is proposed; an
enclosure does not appear to be necessary given the use, location and surrounding
uses.
D The Advisory Planning Commission held a Public Hearing on July 26, 2011 and is
recommending approval without an enclosure.
ISSUES: None
60 DAY AGENCY ACTION DEADLINE: August 14, 2011
ATTACHMENTS (3):
Location map on page O,'(7
Draft July 26, 2011 APC minutes on page
Staff report on pages hthrough
/ i9
Location Map
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Project Name: 2995 Lone Oak Circle/ 0 500 1,000 2,000
Interstate Crossing Business Center Legend
Request: Conditional Use Permit
Case Nos.: 02-CU-09-06-11i.„.,,_v City Boundary
I 1 Parcels
Parks
Buildings �N 1
`` ' � City Of Emil 1.c9
Advisory Planning Commission
July 26, 2011
Page 8 of 10
C. Interstate Crossing Business Center
Applicant Name: CB Richard Ellis
Location: 2995 Lone Oak Circle; Lot 1, Block 1, Eagandale Center Industrial park No 11
Application: Conditional Use Permit
A Conditional Use Permit to allow outdoor storage of trailers, large delivery trucks and forklifts.
File Number: 02 -CU -09-06-11
Planner Thomas introduced this item and highlighted the information presented in the City Staff
report dated July 18, 2011. She noted the background and history.
Jeff LaSota, CB Richard Ellis stated he was available for questions.
Chair Heaney opened the public hearing.
There being no public comment, Chair Heaney closed the public hearing and turned the
discussion back to the Commission.
Member Dugan stated he will abstain from voting on this item.
Member Piper moved, Member Filipi seconded a motion to recommend approval of a
Conditional Use Permit to allow outdoor storage of trailers, delivery trucks and forklifts on
property located at 2995 Lone Oak Circle legally described as Lot 1, Block 1, Eagandale Center
Industrial Park No. 11, subject to the following conditions:
1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval
by the City Council.
2. Existing parking spaces and storage areas should be striped or otherwise delineated
according to the Site Plan received June 29, 2011.
3. The outdoor trailer storage shall be limited to a maximum of 10 trailers, five delivery trucks
and the fork lift storage area as indicated on the Site Plan received June 29, 2011.
4. A minimum 20' driving aisle shall be maintained around the building to allow emergency
vehicle access.
Member Piper stated he is in favor of approval without an enclosure because the area is
screened from public right-of-way.
Chair Heaney called the question.
All voted in favor. Motion carried 6-0.
Member Dugan abstained from voting on this item.
�l
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: July 18, 2011 CASE: 02 -CU -09-06-11
APPLICANT: CB Richard Ellis HEARING DATE: July 26, 2011
PROPERTY OWNER: SFERS Real Estate APPLICATION DATE: June 15, 2011
Corp TT
REQUEST: Conditional Use Permit PREPARED BY: Sarah Thomas
LOCATION: 2995 Lone Oak Circle
COMPREHENSIVE PLAN: IND, Limited Industrial
ZONING: I-1, Limited Industrial
SUMMARY OF REQUEST
The applicant is requesting approval of a Conditional Use Permit to allow outdoor storage of
trailers, delivery trucks and forklifts on property located at 2995 Lone Oak Circle legally
described as Lot 1, Block 1, Eagandale Center Industrial Park No. 11.
AUTHORITY FOR REVIEW
Outdoor storage is allowed via a Conditional Use Permit when conducted by an occupant of the
principal building, subject to the regulations of the Conditional Use Permit and Outdoor Storage
standards.
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.
laa
Planning Report — Interstate Crossing Business Center CUP
July 26, 2011
Page 2
3. Will be designed, constructed, operated and maintained so as to be compatible in
appearance with the existing or intended character of the general vicinity and will not
change the essential character of that area, nor substantially diminish or impair property
values within the neighborhood.
4. Will be served adequately by essential public facilities and services, including streets,
police and fire protection, drainage structures, refuse disposal, water and sewer systems
and schools.
5. Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be hazardous or detrimental to any persons, property or the general
welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors.
6. Will have vehicular ingress and egress to the property which does not create traffic
congestion or interfere with traffic on surrounding public streets
7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
8. Is appropriate after considering whether the property is in compliance with the City Code.
Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the
Planning Commission and the Council may attach whatever reasonable conditions they deem
necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value
of other property within the district, and to achieve the goals and objectives of the
Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall
require such evidence and guarantees as it may deem necessary as proof that the conditions
stipulated in connection therewith are being and will be complied with.
BACKGROUND/HISTORY
A CUP application for outdoor storage of construction materials was submitted in 2003 and
ultimately withdrawn. The property was under different ownership at that time.
EXISTING CONDITIONS
The property was platted and a 109,780
SF office/warehouse building was
constructed in 1995. Outdoor storage
of moving trucks is currently occurring
in the NW corner of the property. Also,
nine small and two large dumpsters are
located behind the building, not within
an enclosure but screened from public
right-of-way by the building, berming
and landscaping.
Ica
Planning Report — Interstate Crossing Business Center CUP
July 26, 2011
Page 3
SURROUNDING USES
The subject site is surrounded by I-1, Limited Industrial properties.
EVALUATION OF REQUEST
Compatibility with Surrounding Area — Outdoor storage is a conditional use in the I-1 zoning
district. The proposed use appears compatible with the surrounding properties and existing uses.
Proposal/Site Plan — The applicant is proposing outdoor storage of up to 10 trailers, five 12' x
35' delivery trucks and a 35' x 75' (2,625 SF) fork lift storage area in the NW corner of the site.
The areas proposed for outdoor storage are currently paved with asphalt.
Outdoor Storage — The standards for outside storage found in City Code Section 11.70 Subd.22
are outlined below.
1. Outdoor storage items shall be placed within an enclosure as necessary to achieve
appropriate security and containment or for public safety reasons when determined
necessary by the city. In general business (GB) and community shopping center (CSC)
zoning districts, the enclosure shall be attached to the principal building and be
constructed of materials which are aesthetically compatible with the principal building. In
limited industrial (I -I) and general industrial (I-2) zoning districts, the enclosure may be
detached from the principal building.
An enclosure is not proposed. Enclosures are intended to provide security and
containment. With screening provided from the building and by berming and landscaping,
an enclosure may not be necessary. It is a policy matter for City officials to determine
whether an enclosure is needed.
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 storage area is located along the rear of the property and within the appropriate
setback requirements.
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.
According to the applicant's narrative, "The storage area will be located at the back of the
building on the northwest comer which is not visible from Lone Oak Circle (or Lone Oak
Road)." The adjacent properties are zoned and guided for industrial use and screening is
not required from adjacent parcels that are zoned I-1. The building screens the storage area
from the public right-of-way, as does existing berming and landscaping.
day
Planning Report — Interstate Crossing Business Center CUP
July 26, 2011
Page 4
4. The storage area shall not interfere with any pedestrian or vehicular movement.
The proposed storage plan maintains the driving and maneuvering areas within the site.
Emergency vehicle access should be maintained around the building. A minimum 20'
wide driving aisle is necessary to accommodate emergency vehicles and should be
designated and maintained around the rear of the building, and a 24' drive aisle should be
maintained through the parking areas.
5. The storage area shall not take up required parking spaces or landscaping areas.
The proposal satisfies this condition. According to the applicant, approximately 10-15
parking stalls will be lost due to the outdoor storage location and these stalls are currently
not utilized.
The 109,780 SF warehouse building requires 119 parking spaces. The Site Plan identifies
116 parking stalls in front of the building and another 60 parking spaces along the rear
property line.
The applicant should restripe or delineate the larger parking areas to accommodate the size
of the outdoor storage trailers, trucks and fork lift areas.
6. The storage area shall be surfaced with concrete or an approved equivalent to control dust
and erosion. The surface shall be properly maintained to prevent deterioration.
The Site Plan identifies the entire storage area is paved with bituminous and edged with
concrete curb and gutter.
Landscaping — Existing landscaping is properly maintained and along with berming, assists with
screening of the proposed outdoor storage area.
SUMMARY/CONCLUSION
The application is for a Conditional Use Permit to allow outdoor storage of trailers, delivery
trucks and forklifts in the northwest corner of the property. The site is occupied by an
office/warehouse building which currently has eight tenants.
The proposed trailer storage satisfies five of the six outdoor storage criteria. The one outdoor
storage standard not met is that an enclosure is not provided, although one may not be necessary
due to the site design and general uses in the immediate area. Conditions which are satisfied
include setbacks, screening, access/circulation, parking, and surfacing. City policymakers
should determine whether a full enclosure is necessary.
According to the applicant's narrative, "The eight tenants businesses strongly rely on
transportation...granting of the CUP to continue to store trailers and trucks is a vital aspect of
each of their business operations." The property is zoned Limited Industrial and there are no
residential properties in the surrounding area.
1s-
Planning Report — Interstate Crossing Business Center CUP
July 26, 2011
Page 5
ACTION TO BE CONSIDERED
To recommend approval of a Conditional Use Permit to allow outdoor storage of trailers,
delivery trucks and forklifts on property located at 2995 Lone Oak Circle legally described as
Lot 1, Block 1, Eagandale Center Industrial Park No. 11.
1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval
by the City Council.
2. Existing parking spaces and storage areas should be striped or otherwise delineated according
to the Site Plan received June 29, 2011.
3. The outdoor trailer storage shall be limited to a maximum of 10 trailers, five delivery trucks
and the fork lift storage area as indicated on the Site Plan received June 29, 2011.
4. A minimum 20' driving aisle shall be maintained around the building to allow emergency
vehicle access.
140
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NARRATIVE
COMMERCIAL REAL ESTATE SERVICES
Jeff LaSota
Assistant Real Estate Manager
CB Richard Ellis, Inc.
Asset Services
June 29, 2011
Ms. Sara Thomas
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
CBRE
CB RICHARD ELLIS
8000 W. 78'h Street
Suite 190
Edina, MN 55439
952 835 1800 Tel
952 835 1888 Fax
Jeff.lasota@cbre.com
www.cbre.com
Re: Conditional Use Permit Application / Project Description
2995 Lone Oak Circle
Case Number 11-007582
Dear Ms. Thomas:
RECEIVED JUN 2<9 2011
SFERS Real Estate Corp. TT is requesting an outdoor storage Conditional Use Permit from the
City of Eagan for its location at Interstate Crossing Business Center II. Interstate Crossing
Business Center II is a warehouse and distribution building built in 1996 totaling 109,780
square feet. The current ownership acquired the property back in the fall of 2005. The
building is centrally located being 10 minutes from MSP Airport, 3 blocks from I -35E and one
mile from I-494.
Interstate Crossing Business Center II is comprised of eight tenants whose businesses strongly
rely on transportation. These companies have a great need to store trailers, large delivery
trucks and forklifts for days and weeks at a time. Per the enclosed plans, we are proposing the
addition of ten trailer, five 12' x 35' delivery truck storage spaces and a 35' x 75' fork lift
storage area in order to accommodate the needs of the current and future tenants of building.
When parked overnight, the trailers do not contain anything.
The storage area will be located at the back of the building on the northwest corner which is
not visible from Lone Oak Circle and does not encroach into any building setbacks. Being at
the back corner of the property, the storage area will not interfere with any pedestrian or
vehicular movement whatsoever. Due to the fact that the property has an existing earth in
burm which runs along the south (front) and west sides of the property there is not a need for
additional screening. There is also a line of evergreen trees that run along the north side (back)
of the property.
The creation of this storage area would only eliminate 10-15 parking spaces, all of which are
not being used by tenants. The proposed location is surfaced with asphalt and is repaired as
needed on an annual basis.
Granting us a CUP will allow the tenants of Interstate Crossing Business Center II to continue
storing trailers and trucks which is a vital aspect of each of their businesses operations. The
CUP will allow current tenants to continue to operate without a hitch, as well as maintain the
marketability of the property for potential future tenants.
The failure to grant the outdoor storage CUP would inflict a huge setback to the property
twofold. One, current tenants would have to seek alternative locations to store their trailers
and trucks thereby adding an additional expense and inconvenience to their operations.
Secondly, the property would become much less attractive to prospective tenants as competing
buildings do not have this issue and in the end greatly affect the property's long-term viability.
If you should have any questions, please feel free to contact me at 952.835.1800 xt18.
Sincerely,
CB Richard Ellis as agent for
SFERS Real Estate Corp. TT
Not individually but as Property Manager
Jeff LaSot
Assistant R.eal Estate Manager
13D,
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Agenda Information Memo
August 1, 2011, Eagan City Council Meeting
D. PLANNED DEVELOPMENT AMENDMENT — PEOPLE OF PRAISE (601
RIVER RIDGE PKWY.)
ACTION TO BE CONSIDERED:
To approve (OR direct preparation of Findings of Fact for Denial), a Planned Development
Amendment to allow banquets and receptions within an existing school facility located at 601
River Ridge Parkway, legally described as Lot 1, Block 1, Novus Addition, subject to the
conditions listed in the APC minutes.
REQUIRED VOTE FOR APPROVAL: At least 3 votes
FACTS:
D. The site is developed with a 90,000 s.f. private school for grades 7-12, Trinity School at
River Ridge, which was constructed in 2007-08.
➢ The property is owned by People of Praise, which operates the school and also holds
worship services in the auditorium.
➢ The property takes access off Ames Crossing Road via the private drive of River Ridge
Parkway. Ames Crossing Road is anticipated to be extended to the south as a through
street with future development, completing a connection to Lone Oak Road.
➢ People of Praise wishes to make the Trinity School facility available to members of the
People of Praise community for banquets, receptions and other similar events.
➢ The property is zoned PD, Planned Development and guided QP, Quasi -Public. The PD
Agreement specifies the use of the property as a school. As such, the PD Agreement
does not allow the facility to be used for such functions not directly related to and hosted
by People of Praise or Trinity School.
D. The requested PD Amendment addressed the land use, but does not affect liquor licensing
regulations. People of Praise and Trinity School may continue to obtain temporary
licenses to serve alcohol at events they host. However, for banquet and reception events
hosted by a third party, a licensed caterer would be necessary.
➢ The APC held a public hearing on July 26, 2011 and did recommend approval.
ISSUES: None
60 -DAY AGENCY ACTION DEADLINE: August 14, 2011
ATTACHMENTS a):
Location Map, pages' tleugk
Planning Report, pages through I 40,
July 26, 2011, APC minutes, pages torn
Location Map
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Request: Planned Development Amendment
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PLANNING REPORT
CITY OF EAGAN
REPORT DATE: July 20, 2011 CASE: 01 -PA -05-06-11
APPLICANT: People of Praise HEARING DATE: July 26, 2011
PROPERTY OWNER: People of Praise APPLICATION DATE: June 15, 2011
REQUEST: Planned Development Amendment PREPARED BY: Pamela Dudziak
LOCATION: 601 River Ridge Parkway
COMPREHENSIVE PLAN: QP, Quasi -Public
ZONING: PD, Planned Development
SUMMARY OF REQUEST
The applicant is requesting approval of a Planned Development Amendment to allow banquets
and receptions within an existing school facility located at 601 River Ridge Parkway, legally
described as Lot 1, Block 1, Novus Addition.
AUTHORITY FOR REVIEW
Chapter 11, Section 11.50, Subdivision 5 states, in part,
1. The provisions of this chapter may be amended by the majority vote of the council, except
that amendments changing the boundaries of any district or changing the regulations of any
district may only be made by an affirmative vote of two-thirds of all members of the council.
2. The Council shall not rezone any land or area in any zoning district or make any other
proposed amendment to this chapter without first having referred it to the advisory planning
commission for its consideration and recommendation.
BACKGROUND/HISTORY
This property was subdivided and platted in 2007. The site is developed with a private school for
grades 7-12, Trinity School at River Ridge, which was constructed in 2007-08. The property is
owned by People of Praise, which operates the school and according to the 2006 staff report, also
holds worship services in the auditorium.
Planning Report — People of Praise
July 26, 2011
Page 2
EXISTING CONDITIONS
The site is developed with a 90,000 s.f. private school, associated parking and athletic fields.
Two large wetlands are located on the southwest portion of the site. The property takes access
off Ames Crossing Road via the private drive of River Ridge Parkway. Ames Crossing Road
abuts the property to the west and provides access to O'Neill Road to the north. Ames Crossing
Road currently dead ends just south of the property, and is anticipated to be extended to the south
as a through street with future development, completing a connection to Lone Oak Road.
SURROUNDING USES
The following existing uses, zoning, and comprehensive guide plan designations surround the
subject property:
EVALUATION OF REQUEST
Description of Proposal — People of Praise approached the City earlier this summer with an
inquiry about individual members holding private banquets and receptions, such as wedding
receptions, within the existing school facility. After discussion among staff and the City
Attorney, it was determined that a Planned Development Amendment would be necessary for
anything other than occasional events associated with the principal use as a school (such as a
graduation ceremony, awards ceremony or fundraising event).
The property is zoned PD, Planned Development and guided QP, Quasi -Public. The PD
Agreement specifies the use of the property as a school. The staff report from review of the
initial development indicates that regular worship services would also be held in the auditorium
which can accommodate 750 people.
It is our understanding that People of Praise's intent is not to lease or rent out the facility, but
rather to make it available to individual members of the People of Praise community who wish to
host a banquet or reception in this location.
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Zoning
Land Use
Designation
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EVALUATION OF REQUEST
Description of Proposal — People of Praise approached the City earlier this summer with an
inquiry about individual members holding private banquets and receptions, such as wedding
receptions, within the existing school facility. After discussion among staff and the City
Attorney, it was determined that a Planned Development Amendment would be necessary for
anything other than occasional events associated with the principal use as a school (such as a
graduation ceremony, awards ceremony or fundraising event).
The property is zoned PD, Planned Development and guided QP, Quasi -Public. The PD
Agreement specifies the use of the property as a school. The staff report from review of the
initial development indicates that regular worship services would also be held in the auditorium
which can accommodate 750 people.
It is our understanding that People of Praise's intent is not to lease or rent out the facility, but
rather to make it available to individual members of the People of Praise community who wish to
host a banquet or reception in this location.
/&(p
Planning Report — People of Praise
July 26, 2011
Page 3
Liquor Licensing - The submitted narrative indicates that since moving "from a smaller
facility/school in Bloomington to this large, new one, People of Praise is having more
organizational and social activities: senior lunches, youth nights, small group meetings, retreats,
small dinners, social gatherings, member weddings, music concerts, anniversaries, and now
requests for wedding receptions" in this location. People of Praise "would like to more easily
incorporate moderate use of alcohol in some functions." However, after much discussion among
staff and the City Attorney, it was determined that People of Praise and the premises are not
eligible for anything other than a temporary liquor license for occasional People of Praise
sponsored events, as they have done in the past.
Thus, the requested PD Amendment to allow banquets and receptions at the site addresses the
land use, but does not affect eligibility for a liquor license for the premises. The City Attorney
has advised that alcoholic beverages may be provided at an unlicensed premises by a vendor that
has a caterer's permit through the State. A caterer's permit allows restaurants that are licensed by
a Minnesota municipality for on -sale liquor to serve liquor at an off-site location. The restaurant
also has to serve the food, so People of Praise and/or the event hosts would need to have both the
food and the liquor catered by the same vendor. The caterer is responsible for notifying the City
when it is serving and for adhering to City Code and State Statutes."
Compatibility with Surrounding Area — The proposal makes use of existing facilities and
involves no new construction. Nearby development consists primarily of large scale corporate
offices (Ecolab, NWA, etc.), office/showroom and office/warehouse developments, and vacant
land anticipated for similar development in the future. Surrounding land uses were similar at the
time of the initial development and it was determined at that time that the proposed
school/worship center use was compatible with the surrounding office uses.
The proposed reception and banquet use may be appropriate in the context of the surrounding
area. It is likely that such functions would occur at off-peak hours for surrounding current and
future office and business uses. Based on the narrative submitted, People of Praise would not be
leasing the facility for public use, but rather would allow individual members of the People of
Praise community to have use of the facility for such functions.
Building Code - The proposal has been reviewed by the Chief Building Official who has
determined that the existing building is appropriate for the proposed use without modification.
Parking — Adequate parking for banquet and receptions should be available, provided that
banquets and receptions occur at times that do not conflict with the principal use. There are 269
parking stalls available on site. This exceeds the amount of parking required for the school on a
daily basis, or for assemblies in the 750 person capacity auditorium.
137
Planning Report — People of Praise
July 26, 2011
Page 4
SUMMARY/CONCLUSION
In summary, the applicant wishes to make the Trinity School facility available to members of the
People of Praise community for banquets, receptions and other similar events that are not directly
functions of Trinity School or People of Praise. The current Planned Development Agreement
does not permit the use of the property for such gatherings hosted by a third party. The
appropriateness of the proposed use is a policy matter to be determined by City officials. The
requested PD Amendment does not affect liquor licensing regulations. People of Praise and
Trinity School would continue to obtain temporary licenses to serve alcohol at events they host.
However, for events hosted by a third party, a licensed caterer would be necessary.
ACTION TO BE CONSIDERED
To recommend approval of a Planned Development Amendment to allow banquets and
receptions within an existing school facility located at 601 River Ridge Parkway, legally
described as Lot 1, Block 1, Novus Addition.
If approved the following conditions shall apply:
1. An Amendment to the Planned Development Agreement shall be executed and recorded
with the Dakota County Recorder's office within 90 days of approval. Proof of recording
shall be provided to the City. The PD Amendment Agreement shall include the following
exhibits:
2. There shall be no on -sale liquor at events hosted by third parties unless dispensed by a
caterer, licensed as a restaurant and for on -sale liquor, and which has a caterer's permit
issued by the state of MN.
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People of Praise
601 River Ridge Parkway • Eagan MN • 55121-2499
Phone 651-789-2888 • Fax 651-789-2896 • Email: servantbranc@gmail.com
The People of Praise, a Minnesota tax-exempt non-profit, is owner of the property at 601 River
Ridge Parkway, Eagan, MN 55121, since 2008. We request a zoning change so to better reflect
our uses of the property for a variety of our organizational and social purposes.
Background.
We are a private, voluntary organization, consisting of 540 adults and 225 children. We call
ourselves a lay Christian community. We are families and singles, including clergy, from all
walks of life. Members belong to local churches yet have made a formal commitment to
support one another in many ways. Members participate in a wide variety of People of
Praise sponsored events and activities for the benefit of members, .e.g. weekly small groups
of 4 — 7, regular gatherings of 40 to 500 people. We also have established several
outreaches: courses on marriage and family, retreats, seminars, prayer sessions, and so
forth, as well as Trinity School at River Ridge, a two time winner of the U.S. Dept. of
Education Blue Ribbon Award.
Request.
Since our move from a smaller facility/school in Bloomington to this large, new one, we are
having more People of Praise organizational and social activities: senior lunches, youth
nights, small group meetings, retreats, small dinners, social gatherings, member weddings,
music concerts, anniversaries, and now requests for wedding receptions. We would like to
more easily incorporate moderate use of alcohol in some functions than we can under the
present zoning. We do not wish to sell alcohol but be able to provide it for some events. All
these activities take place in the evenings and on weekends throughout the calendar year.
The building is only three years old. It is more than adequate to accommodate many kinds
of activities for People of Praise as well as for Trinity School. The building is 100,000
square feet including a large commons (seats 250), auditorium (seats 700) and gym (seats
1200). The land has 17 acres, parking spaces for 225, and the sewer/run-off were designed
for this use. Our location is remote and in an area under development. Our property is
adjoined on the south by the former Northwest Airlines offices, on the west by MAC land,
on the southeast by a single fanner's land, on the north by I-494.
The requested zoning change enables us to better provide for the activities and events of our
People of Praise members. We bring to Eagan an outstanding school and the presence of an
organization (People of Praise) whose members are quite serious about excellence in family
life, excellence in education and a disposition of service to the public through the ways we
live. Ninety percent of our People of Praise youth go on to four year colleges. Youth and
adults have, for the last eight years, volunteered thousands of hours in working in lower
income neighborhoods in the Midwest. Our members are widely respected in their churches
and schools for their volunteerism and generosity.
Advisory Planning Commission
July 26, 2011
Page 9 of 10
D. People of Praise
Applicant Name: People of Praise, MN INC
Location: 601 River Ridge Parkway; Lot 1, Block 1, Novus Addition
Application: Planned Development Amendment
A Planned Development Amendment to allow banquets and receptions within an existing school
facility.
File Number: 01 -PA -05-06-11
Planner Dudziak introduced this item and highlighted the information presented in the City Staff
report dated July 20, 2011. She noted the background and history.
Chair Heaney opened the public hearing.
There being no public comment, Chair Heaney closed the public hearing and turned the
discussion back to the Commission.
Discussion was held relative to the certainty of the use of the facility being restricted to POP
members. The APC concluded that the possibility of the use becoming more commercial in
nature would be controlled by other laws pertaining to the non-profit status of the facility.
Member Filipi moved, Member Vanderpoel seconded a motion to recommend approval of a
Planned Development Amendment to allow banquets and receptions within an existing school
facility located at 601 River Ridge Parkway, legally described as Lot 1, Block 1, Novus Addition,
subject to the following conditions:
1. An Amendment to the Planned Development Agreement shall be executed and recorded
with the Dakota County Recorder s office within 90 days of approval. Proof of recording
shall be provided to the City. The PD Amendment Agreement shall include the following
exhibits:
2. There shall be no on -sale liquor at events hosted by third parties unless dispensed by a
caterer, licensed, as a restaurant and for on -sale liquor, and which has a caterer s permit
issued by the state of MN.
There was discussion on the meaning of third party use of facility and who would be able to rent
the facility.
All voted in favor. Motion carried 7-0.
143