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09/01/2015 - City Council Regular
AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING SEPTEMBER 1, 2015 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE 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) A. APPROVE MINUTES B. PERSONNEL ITEMS C. APPROVE Check Registers D. APPROVE Contracts E. RESCHEDULE the December 1, 2015 City Council meeting to November 30, 2015 F. APPROVE Easement Vacation, Final Subdivision and Final Planned Development for Cedar Grove Townhomes 2nd Addition G. APPROVE Final Plat for Cedar Grove Townhomes 3rd Addition H. DIRECT Preparation of City Code Amendment to Clarify Permissible Rental of Residential -zoned Properties I. ADOPT Findings of Fact for Denial — Prestige Preschool J. APPROVE Change Order No. 1, Contract 15-15, Yankee Doodle Road (CSAH 28)/ Promenade Avenue/ O'Leary Lane Intersection Improvements K. APPROVE Plans & Specifications for Contract 15-23 (Well 3 Restoration), and Authorize Advertisement for Bids September 24, 2015 L. APPROVE the hiring of Leo A. Daly Architects to prepare plans and specifications for the Civic Arena Storage Building M. APPROVE a Resolution to accept donation for purchase of audio visual equipment from Honeywell N. ADOPT a Resolution accepting a donation from an Eagan Citizen V. PUBLIC HEARINGS A. VACATE Drainage & Utility Easements, Outlot B Boulder Lakes B. CERTIFY Delinquent Utility Bills C. CERTIFY Delinquent Nuisance Abatement Bills VI. OLD BUSINESS VII. NEW BUSINESS A. CONDITIONAL USE PERMIT— Lemay Lake Apartments - A Conditional Use Permit for an increase to impervious surface coverage in a shoreland district located at 3005 Eagandale Place B. CONDITIONAL USE PERMIT and VARIANCE — New Horizon Academy - A Conditional Use Permit to allow a daycare center, Variance to the required 50' building setback and a 2% Variance to green space requirement located at 4585 Erin Lane C. PLANNED DEVELOPMENT AMENDMENT— Boulder Lakes -A Planned Development Amendment to allow a two single story office/warehouse and Final Plat of 43.02 acres to create one lot located on Outlot B, Boulder Lakes Addition D. REZONING AND CANCELLATION OF DEVELOPMENT AGREEMENT— Red Pine Crossing - A Rezoning from PD, Planned Development to NB, Neighborhood Business located at 560 & 570 Red Pine Crossing and a Cancellation of Development Agreement and Planned Development Agreement with Revestors Group 4, LLC, for the Red Pine Crossing Development E. CERTIFICATION of the preliminary 2016 budget and property tax levy, and setting of the public meeting date on which the budget and levy will be discussed VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes 2. APPROVE Decertification of Southeast Eagan TIF District 3. SCHEDULE Public Hearing to Consider the Sale of Outlot Ain the Cedar Grove Redevelopment District to Inland Group Development for an Apartment Project D. OLD BUSINESS E. NEW BUSINESS F. OTHER BUSINESS G. ADJOURN X. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development XI. VISITORS TO BE HEARD (for those persons not on the agenda) XII. CLOSED SESSION XIII. ADJOURNMENT 411� City of EaRan mm TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR OSBERG DATE: AUGUST 28, 2015 SUBJECT: AGENDA INFORMATION FOR SEPTEMBER 1, 2015 CITY COUNCIL MEETING ADOPTAGENDA After approval is given to the September 1, 2015 City Council agenda, the following items are in order for consideration. Agenda Information Memo September 1, 2015 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 August 11, 2015 Special City Council meeting, and August 18, 2015 regular City Council meeting as presented or modified. Attachments: (2) CA -1 August 11, 2015 Minutes CA -2 August 18, 2015 Minutes MINUTES SPECIAL CITY COUNCIL MEETING AUGUST 11, 2015 5:30 P.M. EAGAN MUNICIPAL CENTER City Councilmembers present: Mayor Maguire, Councilmembers Bakken, Hansen and Tilley. Councilmember Fields arrived at 5:40 p.m. City staff present: City Administrator Osberg, Director of Finance Pepper, Assistant Finance Director Feldman, Director of Community Development Hohenstein, Director of Parks & Recreation Johnson, Public Works Director Matthys, Transportation Operations Engineer Plath, Police Chief McDonald, and Fire Chief Scott. ROLL CALL AND ADOPTION OF THE AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to adopt the agenda as presented. Aye:4 Nay:0 VISITORS TO BE HEARD There were no visitors to be heard. SHORT TERM RENTALS IN RESIDENTIAL NEIGHBORHOODS Mayor Maguire noted tonight's discussion is follow up on research that the Council asked staff to provide regarding short term rentals. For purposes of the discussion, short term rentals are defined as those for less than 30 days at a time. This topic is before the Council at this time, in part, because a residential property owner in Eagan has expressed interest in offering short term rentals of a part of their home. Maguire noted this agenda item is intended for discussion of the activity generally and not the application in particular. Community Development Director Hohenstein provided background information noting the public policy questions and practical issues. He noted that rentals of less than 30 days at a time are considered a commercial use, which are only permitted in certain commercial zoning districts under the City Code. Sharon Hill, City Attorney, was available for questions. The Council discussed at length short term rentals in residential neighborhoods and touched on the policy questions. After further discussion it was the consensus of the Council to not move forward with an ordinance amendment to allow short term rentals of rooms or portions of homes in residential neighborhoods. The Council took a 10 minute break. Special City Council Minutes August 11, 2015 Page 2 ANALYSIS OF COST TO PLOW ALL CITY TRANSPORTATION TRAILS AND IMPACT ON SERVICE LEVELS Public Works Director Matthys introduced the item and gave an overview on the analysis of options to provide winter trail maintenance on all city transportation trails. The Council discussed the proposed options. Mayor Maguire suggested getting input from residents by asking a question regarding winter trail clearing on the next community survey. After further discussion it was the consensus of the Council not to modify the Winter Trail Maintenance program and Snow and Ice Control Policy, GENERAL FUND BUDGET PRESENTATION City Administrator Osberg introduced the item noting Council will be reviewing the preliminary 2016 General Fund operating budget, the proposed property tax levy and public policy questions. Any modifications to the proposed levy and budget will be presented to the Council at the September 1, 2015 regular City Council meeting. Osberg provided additional background pertaining to the preliminary general fund budget and related tax levy. Osberg noted formal action on the levy and the preliminary 2016 General Fund Budget are scheduled for the regular City Council meeting on September 1. The final levy certification and budget action is scheduled for the December 15, 2015 regular City Council meeting. The final Property Tax Levy that is due at the County no later than December 28 can be decreased but cannot be increased from the preliminary certification. Osberg provided additional background pertaining to the proposed increase in the General Fund expenditure budget. Osberg added the proposed General Fund Budget reflects an increase of 2.75 percent over the 2015 budget. Osberg provided an overview of the proposed General Fund Budget as it relates to specific departments and operations, and summarized the public policy issues for the City Council's consideration. Finance Director Pepper provided additional background pertaining to the preliminary general fund balance, market value and tax capacity, and local tax capacity trends. The City Council discussed the proposed 2016 budget and the proposed payable 2016 Property Tax Levy. There was Council consensus that the budget level at a 2.75 percent increase was appropriate. There was Council consensus that the proposed department budget items were appropriate. There was Council consensus that the proposed total tax levy of 4.9% was appropriate. There was Council consensus that the allocation of the preliminary tax levy was appropriate. Osberg noted Dakota County is holding its Truth -in Taxation hearing December 15t. In the interest of avoiding a scheduling conflict with the City's Truth -in -Taxation hearing, it is proposed to be rescheduled from December 1 to November 30, 2015. There was Council consensus to reschedule the December 1, 2015 regular City Council meeting to Monday, November 30, 2015. Special City Council Minutes August 11, 2015 Page 3 There was Council consensus to produce and cablecast live in late fall another virtual budget open house modeled after the same format as 2014. There was no other business to be heard. OTHER BUSINESS ADJOURNMENT Councilmember Tilley moved, Councilmember Bakken seconded a motion to adjourn at 8:45 p.m. Aye:S Nay:0 Date Mayor City Clerk MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota AUGUST 18, 2015 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire and Councilmembers Bakken, Fields, Hansen and Tilley. A regular meeting of the Eagan City Council was held on Tuesday, August 18, 2015 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire and Councilmembers Bakken, Fields, Hansen and Tilley. Also present were City Administrator Osberg, Director of Communications Garrison, Director of Community Development Hohenstein, City Planner Ridley, City Engineer Gorder, Parks and Recreation Director Johnson, Assistant Parks and Recreation Director Flewellen, Campus Facilities Manager Vaughan, Police Chief McDonald, Fire Chief Scott, and Executive Assistant Stevenson. AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as presented. Aye: 5 Nay:0 RECOGNITIONS AND PRESENTATION Recognition by Minnesota Recreation and Park Association Award of Excellenge — Programs and Events Category — Food on 4 Wheels Parks and Recreation Director Johnson introduced Alyssa Krumholz, from the Minnesota Recreation and Park Association Award Committee, who provided background information on the MRPA Awards of Excellence Program, and presented a plaque to the City Council. Recognition of Cascade Bay as WCCO's "Best Of Minnesota - Water Park" Parks and Recreation Director Johnson introduced the item noting WCCO TV conducted an on-line poll for viewers to choose their favorite water park in Minnesota and Cascade Bay received the most votes. Captain C. Breeze, along with Director Johnson presented the plaque to the City Council. CONSENT AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Consent Agenda as presented: Aye: 5 Nay: 0 A. It was recommended to approve the minutes of August 3, 2015 regular City Council meeting as presented or modified. B. Personnel Items 1. It was recommended to authorize the reclassification of Police Lieutenants from Level 14 to Level 15. 2. It was recommended to approve a contract with HR Simplified, Inc. C. It was recommended to ratify the check register dated July 31, and August 7, 2015 as presented. City Council Meeting Minutes August 18, 2015 2 page D. It was recommended to approve the ordinary and customary contracts with Eagan Men's Chorus, Eagan Women of Note, Czech Area Concertina, WoodWind, Minnesota Center for Book Arts, and Metropolitan Library Service Agency. E. It was recommended to approve an On -Sale Liquor and Sunday Liquor License for Lone Oak Store, LLC doing business as Burgers and Bottles at 1278 Lone Oak Road. F. It was recommended to approve a temporary on -sale liquor license and waive the license fee for People of Praise MN Inc.'s 44th Anniversary Celebration on September 19, 2015 at 601 River Ridge Parkway. G. It was recommended to approve the appointment of the following individuals to serve on the Visioning Process Steering Committee: Juliet Parisi, Nancy Wester, Arthur Morrisey, Cindy Haas, Laurie Fink, Jen Hubbs, John Ferlita, Terry TeBockhorst, Christine Keuler, and Marianne Fletcher. H. It was recommended to authorize staff to submit comments to Dakota County regarding the Cedar Avenue/Red Line Implementation Plan Update (IPU) as presented. I. It was recommended to receive the bids and award Contract 15-16 (Parkcliff Water Main Improvements) to Kusske Construction Company, for the base plus alternate bid in the amount of $143,646.00, and authorize the Mayor and City Clerk to execute all related documents. J. It was recommended to approve an application from Wyatt Caring and Sharing, LLC to replace wetland impacts by withdrawl of wetland bank credits. K. It was recommended to receive bid and award Contract 15-21 (LeMay Lake Alum Treatment — Water Quality Improvements) to HAB Aquatic Solutions, LLC, in the amount of $71,777.00, and authorize the Mayor and City Clerk to execute all related documents. L. It was recommended to direct the City Attorney to prepare an ordinance amendment to City Code Chapter 10 to change the Off -Leash Dog Area (OLDA) permit from a one to a two-year renewal and require a permit tag instead of a collar. M. It was recommended to approve a resolution to accept an event partnership donation for $300 for Eagan Market Fest from CityVue Apartments for Health & Wellness Night and direct the Mayor and City Clerk to sign the appropriate document. N. It was recommended to approve amendment to 2015 Parks Capital Improvement Project List to allocate $35,000 for Art House sanitary sewer connection and lower amount for Rahn Athletic electrical improvements to $15,000. 0. It was recommended to approve the determination that the Conditional Use Permit for outdoor storage at 4025 South Frontage Road has lapsed due to failure to construct the improvements. P. It was recommended to adopt a resolution approving an exempt permit for the Catholic Community of St. Thomas Becket to conduct a raffle on September 13, 2015 at the Church of St. Thomas Becket, 4455 South Robert Trail. Q. It was recommended to receive quotes and award Contract 15-22 (Citywide Traffic Signal Painting) to OLS Restoration, Inc., in the amount of $13,100.00, and authorize the Mayor and City Clerk to execute all related documents. R. It was recommended to approve a temporary on -sale liquor license and waive the license fee for the Church of St. Thomas Becket's Fall Festival on September 13, 2015 at 4455 South Robert Trail. City Council Meeting Minutes August 18, 2015 3 page PUBLIC HEARINGS Vacate Public Drainage & Utility Easement Vacation, Lot 14, Block 1 Prettyman Heights City Administrator Osberg introduced the item noting the Council is be asked to consider the vacation of a portion of the public drainage and utility easement on 1579 Skyline Trail. The purpose of the request is to allow the homeowners to construct an in -ground pool in the backyard of this property. City Engineer Gorder gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve the vacation of a portion of the public drainage and utility easement on Lot 14, Block 1, Prettyman Heights (1579 Skyline Trail), and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 OLD BUSINESS Planned Development Amendment — Prestige Preschool Academy City Administrator Osberg introduced the item noting this item was postponed from the August 3, 2015 City Council meeting to allow all Councilmembers to be in attendance to review the request. The Council is being asked to consider a Planned Development Amendment to allow the development of an approximately 10,400 sq. ft. single -story childcare facility upon property located at 4150 Knob Drive. City Planner Ridley gave a staff report. The applicant, Jon Fahning of Shingobee Builders, provided background information on Prestige Preschool Academy and additional information on the request, and was available for questions. The Council discussed the history of the property. Mayor Maguire opened the public comment. The following residents and businesses addressed the Council and expressed concerns regarding parking, traffic, building size and capacity, and building materials: Dennis Shaw and Karen Piehler Shaw, 4165 Knob Drive, Tony Bour, 4161 Knob Drive, Jeff Rud, 4178 Knob Drive, Darci Kaul, 4138 Signal Point, John Kemper, 4139 Signal Point, Angela Hilo, 4178 Knob Drive. Mike O'Halloran, property owner, provided background information on the property. Karen Piehler Shaw, 4165 Knob Drive, presented the Council with a petition and asked that it be part of the public record as objecting to the application by Shingobee Real Estate Developers for a Planned Development Amendment related to the development of the property located at 4150 Knob Drive. There being no further public comment, Mayor Maguire turned the discussion back to the Council. City Council Meeting Minutes August 18, 2015 4 page The Council discussed at length the planned development amendment. The Council had concerns with traffic and size of the building. After further discussion the majority of the Council was in favor of directing the City Attorney to prepare Findings of Fact for Denial. Councilmember Fields moved, Councilmember Tilley seconded a motion to direct preparation of Findings of Fact for Denial of a Planned Development Amendment to allow the development of an approximately 10,400 s.f. single -story childcare facility upon property located at 4150 Knob Drive. Councilmember Field and others stated their reasons for supporting a denial. The Council voted. Aye: 4 Nay: 1 (Mayor Maguire opposed) The Council took a 10 minute break. NEW BUSINESS Comprehensive Guide Plan Amendment, Rezoning, Preliminary Planned Development, Easement Vacation, and Final Plat - Minnesota Autism Center/ Ryan Companies US, Inc. City Administrator Osberg introduced the item noting there are five actions for the Council to consider, a Comprehensive Guide Plan Amendment to change the land use designation from MU (Mixed Use) to QP (Public/Quasi-Public), a Preliminary Planned Development to allow a high school and school campus on approximately 12.5 acres. Osberg noted when considering the PD we have added condition # 39. Osberg continued the third action for consideration is Rezoning from CGD, Cedar Grove District, to PD, Planned Development, an Easement Vacation of public easements on Outlot A & Lot 1, Block 1, Tesseract Addition, and to vacate Tesseract Place public right-of-way, and the final action would be a Final Plat (Central Park Commons) to create a single parcel upon approximately 12.5 acres generally located west of 3800 Tesseract Place. City Planner Ridley gave a staff report. The applicant, Dan Mueller, Ryan Companies US, Inc., was available for questions. Mayor Maguire opened the public comment, there being no public comment, he turned the discussion back to the Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Preliminary Planned Development to allow a high school and school campus, upon approximately 12.5 acres generally located west of 3800 Tesseract Place, subject to the following conditions: Aye: 5 Nay: 0 1. A Preliminary Planned Development Agreement shall be executed. The following exhibits shall be made part of the Agreement: • Preliminary Site Plan • Preliminary Landscape Plan • Preliminary Building Elevations Plan • Preliminary Site Lighting Plan • Preliminary Signage Plan 2. The property shall be platted. City Council Meeting Minutes August 18, 2015 5 page 3. This development shall be subject to a cash parks dedication payable at the time of Building Permit at the rates then in effect. 4. This development shall be subject to a cash trails dedication payable at the time Building Permit at the rates then in effect. 5. The applicant shall submit a revised Tree Mitigation Plan that fulfills the required tree mitigation amount of twenty-six (26) Category B trees (or an equivalent combination of Category A and/or C trees). 6. The construction of the school shall meet the sound attenuation requirements per the Metropolitan Council Transportation Policy Plan. 7. A Building Permit shall be obtained for the 8'chain link fence(s). 8. A Photometric Lighting Plan shall be provided at the time of Building Permit, illustrating levels of illumination in conformance with CGD standards. 9. The total light pole height and wall -mounted fixtures shall not exceed 20'. 10. Rooftop mechanical units shall be shown on the Building Elevations at the time of building permit, and placement of units 20' from the building edge and parapet height shall be demonstrated on the permit plans. If these measures alone do not fully screen some equipment, additional screening measures shall be employed in accordance with City Code. 11. Detailed sign plans shall be submitted with the application for Sign Permits including dimensions, type of construction, and how the signs are to be lit. Conformance with City Code standards will be confirmed at that time. All signs shall require a Sign Permit prior to installation. 12. The type of Wall signage as currently proposed in the application shall comply with City Code standards, located on the north and south elevations only. 13. The monument sign location shall be at least 10' from the property line and outside of the utility easement area. The base shall be landscaped and match the principal building materials. Design plans for the monument sign shall be provided at the time of Sign Permit and in conformance with the CGD design standards confirmed at that time. 14. The billboard sign shall be removed prior to issuance of certificate of occupancy for the new school. 15. The three directional signs shall conform with the CGD design standards. 16. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City Code. 17. The Landscape Plan shall separate the shade and ornamental trees located within the plant schedule and quantities shall be verified. 18. The Landscape Plan key shall be revised to verify plantings meet minimum size requirements per City Code. 19. The Landscape Plan shall be revised to replace the species with those better suited for the site. 20. The Landscape Plan shall be revised to enhance the screening of the parking lot per City Code. 21. Overstory trees shall be placed so as not to conflict with pole lighting or utilities such as hydrants. 22. Overstory trees shall be planted within parking islands wherever possible to maximize shade coverage of pavement areas. 23. A detailed grading, drainage, erosion and sediment control plan shall be prepared in accordance with current City standards and codes prior to issuance of any Building Permit. 24. All erosion/sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. City Council Meeting Minutes August 18, 2015 6 page 25. All personnel responsible for the construction and management of erosion/sediment control devices and the establishment of vegetation for the development, shall have received Erosion/Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 26. All erosion control measures shall be installed and maintained in accordance with City code and engineering standards. 27. This development shall meet the City's Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1" Volume Control on the site's new and fully -reconstructed impervious surface area (including effective soil remediation for the site's disturbed soils that are to be revegetated). 28. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide the City with soil boring logs from a minimum of four soil -borings within any proposed infiltration area, extending a minimum of 10' below the bottom of the proposed infiltration feature, to evaluate and ensure suitability for infiltration. If the soil boring logs indicate incompatibility of existing sub -soil permeability with the submitted and reviewed design plans for meeting volume control requirements, the applicant shall revise the design and/or construction plans (e.g. over- excavation/soil-amendment depth, etc.) to ensure volume control requirements are fully met. 29. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide construction details of proposed infiltration practices for City review (cross-sections, construction sequencing/protection, sizing/volume tables, details for stable inlets, overflows, outlets, maintenance access areas to inlets/oulets, soil amendment criteria, planting plans/details, etc.), to ensure infiltration practice and swale are properly designed and constructed, adequately protected during / after construction, and able to be properly maintained (e.g. unobstructed equipment access, etc.) to function as intended. These graphical details and notes shall be prominently included in all applicable plan sheets (e.g. Grading, Utility & Landscape plans). 30. Prior to receiving city approval to permit land disturbing activity, the property owner shall provide detailed Soil Management Strategies for City review, and acceptance by the City Engineer, that provide for assurances that at final grading the disturbed areas that are to be revegetated will have protected and/or restored soil permeability to non -compacted soil conditions, to comply with Volume Control requirements. These graphical details and notes shall be included in the Stormwater Management Plan and prominently included in all applicable plan sheets (e.g. Grading & Landscape plans). 31. Prior to receiving city approval to permit land disturbing activity, the property owner shall enter into a long-term stormwater management system maintenance agreement with the City, detailing the inspection and maintenance required to ensure proper operation and performance of the permanent stormwater management system, in a form acceptable to the City Attorney. 32. During infiltration practice over -excavation and sub -soil work, the applicant shall ensure that a Certified Soil Scientist will be present to verify and document that infiltration practice area sub- soils are suitable for a saturated condition infiltration rate of 0.8 -inch per hour or greater (but less than 8.0 -inch per hour). If the sub -soil infiltration rates are less than 0.8 -inch per hour (or greater than 8.0 -inch per hour), the applicant shall immediately notify the City Engineer and revise the volume control practice(s) as necessary (e.g. over-excavation/soil-amendment depth, etc.) to ensure volume control requirements are fully met. At completion of final grading within the infiltration basin, but prior to planting, the applicant shall ensure that a soil scientist will be present to verify and document that the infiltration practice is suitable to infiltrate a minimum City Council Meeting Minutes August 18, 2015 7 page of 0.8 -inch per hour or greater in saturated conditions. Documentation shall be provided to the City within 48 -hours after infiltration testing. 33. Before the city issues a Certificate of Occupancy on the development site, the applicant shall provide the City Engineer as -built plans that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (sumps, infiltration practice, vegetated swale, etc.), and soil management strategies conform to design and/or construction plans, as approved by the City. As -built volumes (for retention) shall be provided for the infiltration practice. Documentation shall be provided to verify soil management strategy compliance. The applicant shall submit to the City Engineer certification that the stormwater management facilities have been installed in accord with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. 34. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 35. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the premises (FTTP). This development should include the installation of fiber optic cable, or a conduit for future installation, in its construction plans at the time of Building Permit. 36. "No Parking/Fire lane" signage shall be installed in the parking lot and driveways, per Fire Department standards, to ensure emergency vehicle access. 37. No access shall be permitted onto Nicols road. The applicant shall enter into a formal access restriction easement acceptable to the City Attorney. 38. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to building permit approval. 39. The applicant shall enter into a Payment in lieu of Taxes Agreement (PILOT) under the terms proposed by the applicant in their letter dated August 17, 2015, and in a form acceptable to the city attorney. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Comprehensive Guide Plan Amendment to change the land use designation from MU (Mixed Use) to QP (Public/Quasi- Public), upon approximately 6.5 acres generally located west of 3800 Tesseract Place. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Rezoning from CGD, Cedar Grove District, to PD, Planned Development, upon approximately 12.5 acres generally located west of 3800 Tesseract Place. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Fields seconded a motion to an Easement Vacation of public easements, on Outlot A & Lot 1, Block 1, Tesseract Addition, and to vacate Tesseract Place public right-of-way. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Final Plat (Central Park Commons) to create a single parcel upon approximately 12.5 acres generally located west of 3800 Tesseract Place, subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: 131, B2, B3, C1, C2, C4, E1, F1, G1 and H1. 2. The property shall be platted. City Council Meeting Minutes August 18, 2015 8 page 3. The applicant shall revise the Final Plat to include the small triangular-shaped parcel adjacent to the Outlot (PIN 10-01900-250-40), with a deadline for re -platting extended to issuance of certificate of occupancy. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. ADMINISTRATIVE AGENDA There were no comments to be heard. There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 9:40 p.m. Aye: 5 Nay: 0 Date Mayor City Clerk Agenda Information Memo September 1, 2015 Eagan City Council Meeting CONSENT AGENDA B. Personnel Items Item 1 Action to be Considered: Acknowledge staff correction to previous Council Action taken on July 21, 2015 to re-classify Lieutenants. ➢ The previous LT -14 was an exempt position. The LT -15 classification will also be an exempt position. Item 2 Action to be Considered: Authorize the hiring of Charlie Fredricks for Streets Engineering Technician I. ➢ This position is budgeted for 30 hours per week and is benefit eligible. Item 3 Action to be Considered: Approve policy revisions to the Health Care Savings Plan. Facts: ➢ The Minnesota State Retirement System (MSRS) administers the Health Care Savings Plan for the City of Eagan. Recently, MSRS informed the City that the subgroup titles specifically for non-union employees do not meet their standards. Therefore, the non- union subgroups are being retitled in order to be in compliance with MSRS. The revised policy for all non-union employees is attached, indicating the new titles of each subgroup. ➢ The subgroup entitled "Superintendents and Managers" will no longer include the following positions of; Deputy Police Chief, Deputy Fire Chief and Police Lieutenants. Rather, they will comprise a new group entitled "Police and Fire Deputies and Lieutenants." ➢ The plan design summary for Police and Fire Deputies and Lieutenants is as follows: o Employee contribution of 6% of gross salary. o A contribution of 100% of severance will be allocated to the HCSP upon resignation or retirement. o A contribution of 100% of unused vacation leave at the time of separation from the City shall be allocated to HCSP. o The Police and Fire Deputies and Lieutenants plan design language, in its entirety, is attached. ➢ All other plan designs remain status quo through the end of the plan year 2015. Attachments: (2) C63-1 Policy revisions to the Health Care Savings Plan C133-2 Policy revisions for Police and Fire Deputies & Lieutenants SECTION FORTY-TWO CITY OF EAGAN HEALTH CARE SAVING PLAN Current Plan Design effective January 2014 - December 31, 2015 Proposed Revisions, City ;Council to review ion September 8, 2015 Regular employees of the City of Eagan who are scheduled to work 30 or more hours per week may participate in a Health Care Savings Plan (HCSP) as members of specific employee groups. 42.1 The specific groups are: Department Directors: City Administrator, Assistant City Administrator, Director of Communications, Finance Director, Manager of Human Resources, Director of Parks and Recreation, Director of Community Development, Director of Public Works, Chief of Police, and Fire Chief Entry Level Support Roles: FLSA Non -Exempt Non -Collective Bargaining Employees, Levels -1 6 who hold roles related to the following functions: Guest Services, Community Service, Administrative and Office Support and Office Coordination, Custodial and Building Maintenance Technicians Group 1: FLSA Non -Exempt Non -Collective Bargaining Employees, Levels -O who hold roles related to the following technician related functions: Executive Assistance, Community Property/Code enforcement inspections, entry level accounting and GIS, Crime Prevention. Technicians Group 2: FLSA Non -Exempt Non -Collective Bargaining Employees, Levels 10 1 who hold roles related to the following: Inspectors including but not limited to; building inspections, engineering technicians, information technology, analysts, and technical specialists. Coordinators: FLSA Exempt Non -Collective Bargaining Employees, Levels -° holding the role of coordinating. Professionals: FLSA Exempt Non -Collective Bargaining Employees, Level 10 ", holding the roles of communications, marketing, supervising, accounting, planning. Supervisors: FLSA Exempt Non -Collective Bargaining Employees, Level 12 holding the roles of supervision. Managers and Superintendents: FLSA Exempt Non -Collective Bargaining Employees, Levels 13 16 holding the roles of management and administration. Collective Bargaining Units: (Contributions of those represented by a collective bargaining unit are described within each labor contract.) Clerical Collective Bargaining Unit Public Works/Parks Maintenance Collective Bargaining Unit Police Collective Bargaining Unit Sergeants' Collective Bargaining Unit 42.2 Each group will separately determine whether the group wishes to participate in a HCSP. 42.3 If a group chooses to participate, the group will determine the standard amount and type of contribution every employee in that group will make. 42.5.1 Positions required to participate in the Department Director Work Group HCSP Program include: City Administrator, Assistant City Administrator, Director of Communications, Finance Director, Manager of Human Resources, Director of Parks and Recreation, Director of Community Development, Director of Public Works, Chief of Police, and Fire Chief. (revised per City Council approval on 7/17/2012) 42.5.2 Salary Contribution: Year of Service* Year 1-5 Year 6-10 Year 11-15 Year 16-20 Year 21+ % of salary to be contributed 1% 2% 3% 4% 5% *Years of Service shall be based on years of participation in a public retirement system, which will be determined by the employee and the Manager of Human Resources upon being hired. a. A department director's salary contribution will commence upon hire. An adjustment to an increased salary contribution will be made in January of the year in which a department director's anniversary in a public retirement system takes place (e.g. if a department director's 15th anniversary in a public retirement system occurs in June of 2006, he/she will be beginning the 16th year of service and thus will make a salary contribution of 4% beginning in January of 2006). 42.5.3 Severance: If a department director voluntarily separates from the City, a contribution of 100% of severance pay shall be allocated to the HCSP. (Severance shall be defined as per Section 14.7 of the Personnel Policy) 42.5.4 Vacation: If a department director voluntarily separates from the City, a contribution of 100% of unused vacation shall be allocated to the HCSP. 42.5.5 Plan Provisions: This group's HCSP shall be reviewed by the group every two years. 42.6.1 Positions required to participate in the Entry Level Support Roles Work Group HCSP Program include: Guest Services, Community Service, Administrative and Office Support and Office Coordination, Custodial and Building Maintenance 42.6.2 Salary Contribution: Year of Service* Year 1-9 Year 10-19 Year 20-25 Year 26+ % of salary to be contributed 1% 2% 3% 5% 42.6.3 Severance: When an employee in this group voluntarily separates from the City, a contribution of the following appropriate amount of severance will be allocated to the Health Care Savings Plan. (Severance shall be defined as per Section 14.7 of the Personnel Policy). Year of Service* Year 1-4 Year 5-15 Year 16+ % of severance to be 0% allocated 50% 100% *Years of service shall be based on the total number of years that an employee has worked for the City of Eagan. Year 1 begins on the first day of employment at the City of Eagan. a. An adjustment to an increased contribution percentage will be made based on the employee's anniversary date (first day of employment at the City of Eagan). For example, if an employee's 15th anniversary at the City occurs on June 20, 2006, he/she will be beginning the 16th year of employment on that date, and thus 100% of the employee's severance, upon separation, would be allocated to the HCSP from June 20, 2006 and forward. 42.6.4 Vacation: Year of Year 1-4 Year 5-15 Year 16-24 25+ Service* through the 5t year of service and beyond. % of vacation to 0% 25% 50% 100% be allocated *Years of service shall be based on the total number of years that an employee has worked for the City of Eagan. Year 1 begins on the first day of employment at the City of Eagan. a. An adjustment to an increased contribution percentage will be made based on the employee's anniversary date (first day of employment at the City of Eagan). For example, if an employee's 15th anniversary at the City occurs on June 20, 2006, he/she will be beginning the 16th year of employment on that date, and thus 50% of the employee's vacation, upon separation, would be allocated to the HCSP from June 20, 2006 and forward. 42.6.5 Plan Provisions: This group's HCSP shall be reviewed by the group every two years. 42.7.1 Positions required to participate in the Technicians Group 1 Work Group HCSP Program include Executive Assistance, Community Property/Code enforcement inspections, entry level accounting and GIS, Crime Prevention 42.7.2 Salary Contribution: Year of Service Year 0 — 5 Year 6+ Definition Commences uhpon hire Commencing the 6th year of through the 5t year of service and beyond. service. % of salary to be 1.5% 2.5% contributed 42.7.3 Severance: If an employee in this group voluntarily separates from the City, a contribution of 100% of severance will be allocated to the Health Care Savings Plan. (Severance shall be defined as per Section 14.7 of the Personnel Policy) 42.7.4 Plan Provisions: This group's HCSP shall be reviewed by the group every two years. 42.8.1 Positions required to participate in the Technicians Group 2 Work Group HCSP Program include: Inspectors including but not limited to; building inspections, engineering technicians, information technology, analysts, and technical specialists. 42.8.2 Salary Deduction: 2% of an employee's gross salary will be allocated to the Health Care Savings Plan (HCSP) upon hire. 42.8.3 Severance: If an employee in this group voluntarily separates from the City, a contribution of 100% of severance will be allocated to the Health Care Savings Plan. (Severance shall be defined as per Section 14.7 of the Personnel Policy) 42.8.4 Plan Provisions: This group's HCSP shall be reviewed by the group every two years. 42.9.1 Positions required to participate in the Coordinators Work Group HCSP Program include: FLSA Exempt Non -Collective Bargaining Employees, holding the role of coordinating. 42.9.2 Salary Deduction: $20/pay period will be deducted from each employee's pay check (pre-tax) and allocated to the Health Care Savings Plan (HCSP) upon hire. 42.9.3 Severance: If an employee in this group voluntarily separates from the City, a contribution of 100% of severance will be allocated to the Health Care Savings Plan. (Severance shall be defined as per Section 14.7 of the Personnel Policy) 42.9.4 Plan Provisions: This group's HCSP shall be reviewed by the group every two years. 42.10.1Positions required to participate in the Coordinators Work Group HCSP Program include: FLSA Exempt Non -Collective Bargaining Employees, holding the roles of communications, marketing, supervising, accounting, and planning. 42.10.2 Salary Deduction: 1.5 % of an employee's gross salary per pay period will be allocated to the HCSP upon hire. 42.10.3 Severance: If an employee in this group voluntarily separates from the City, a contribution of 100% of severance will be allocated to the Health Care Savings Plan. (Severance shall be defined as per Section 14.7 of the Personnel Policy) 42.10.4 Vacation: If an employee in this group voluntarily separates from the City, a contribution of 50% of unused vacation time at the time of separation from the City will be allocated to the Health Care Savings Plan. 42.10.5 Plan Provisions: This group's HCSP shall be reviewed by the group every two years. 42.11.1 Positions required to participate in the Coordinators Work Group HCSP Program include: FLSA Exempt Non -Collective Bargaining Employees, holding the roles of supervision. 42.11.2 Salary Deduction: • An employee's gross salary per pay period will be allocated to the HCSP as indicated below. Year of Service* Year 1-10 Year 11-19 Year 20-29 Year 30+ % of salary to be contributed 1.0% 2.0% 2.0% 4.0% 42.11.3 Severance: If an employee in this group voluntarily separates from the City, a contribution of 100% of severance will be allocated to the Health Care Savings Plan. (Severance shall be defined as per Section 14.7 of the Personnel Policy) 42.11.4 Vacation: If an employee in this group voluntarily separates from the City, a contribution of 100% of unused vacation time at the time of separation from the City will be allocated to the Health Care Savings Plan. 42.11.5 Plan Provisions: This group's HCSP shall be reviewed by the group every two years. 42.12. 1 Positions required to participate in the Coordinators Work Group HCSP Program include: FLSA Exempt Non -Collective Bargaining Employees, holding the roles of management and administration. 42.12.2 Salary Deduction: Year of service* Year 0-10 Year 11-14 Year 15-19 Year 20+ Definition Commencing Commencing the Commencing the Commencing upon hire 11th yr of service 15th yr of service the 20th yr of through the 10th through the 14th through 19th yr of service and r of service. yr of service. service. beyond. % of salary to be 1.5% 2.5% 4% 5.5% contributed *Years of service is based on the total number of years that an employee has worked for the City of Eagan, regardless of previous job classifications. The HCSP contribution begins the 1St of the month, following 30 days of service. An adjustment to an increased salary contribution will be made on or about the employee's anniversary date in which the employee completes 10 years of service, 14 years of service, 19 years of service, and 24 years of service. 42.11.3 Severance: If an employee in this group voluntarily separates from the City, a contribution of 100% of severance will be allocated to the Health Care Savings Plan. (Severance shall be defined as per Section 14.7 of the Personnel Policy) 42.11.4 Vacation: If an employee in this group voluntarily separates from the City, a contribution of 100% of unused vacation time at the time of separation from the City will be allocated to the Health Care Savings Plan 42.11.5 Plan Provisions: This group's HCSP shall be reviewed by the group every two years. Revised Aug 2015 Excerpt from City of Eagan Health Care Savings Plan Policy: CURRENT POLICY: 42.12 FLEA Exempt Non -Collective Bargaining Employees; Superintendents & Managers, (formerly Levels 13-16). 42.12.1 Salary Deduction: Year of service* Year 0-10 Year 11-14 Year 15-19 Year 20+ Definition Commencing Commencing the Commencing the Commencing upon hire 111h yr of service 15th yr of service the 201h yr of through the 10th through the 14th through 191h yr of service and r of service. yr of service. service. beyond. % of salary to be 1.5% 2.5% 4% 5.5% contributed *Years of service is based on the total number of years that an employee has worked for the City of Eagan, regardless of previous job classifications. The HCSP contribution begins the 1St of the month, following 30 days of service. An adjustment to an increased salary contribution will be made on or about the employee's anniversary date in which the employee completes 10 years of service, 14 years of service, 19 years of service, and 24 years of service. Severance: If an employee in this group voluntarily separates from the City, a contribution of 100% of severance will be allocated to the Health Care Savings Plan. (Severance shall be defined as per Section 14.7 of the Personnel Policy) 42.11.2 Vacation: If an employee in this group voluntarily separates from the City, a contribution of 100% of unused vacation time at the time of separation from the City will be allocated to the Health Care Savings Plan 42.11.3 Plan Provisions: This group's HCSP shall be reviewed by the group every two years. CITY OF EAGAN PROPOSED REVISION/ADDITION POLICY: City of Eagan Health Care Savings Plan Policy: ;FLSA Exempt Non -Collective Bargaining Employees Police & Fire Deputies & Lieutenants 42.12A FLSA Exempt Non -Collective Bargaining Employees; who are Police & Fire Deputies & Lieutenants The purpose is to separate out the identified members from the current plan described above, of which are all those considered; Police & Fire Deputies & Lieutenants supporting the Police Department and Fire Department for City of Eagan who contribute to the Public Employees Retirement Association (PERA) — Police and Fire fund. 42.12.1A Salary Deduction: Commencing eligibility as described above, the employees shall contribute 6% of gross salary to be contributed to the Health Care Savings Plan. The HCSP contribution begins the 1St of the month, following 30 days of service in this group. Severance: If an employee in this group voluntarily separates from the City, a contribution of 100% of severance will be allocated to the Health Care Savings Plan. (Severance shall be defined as per Section 14.7 of the Personnel Policy) 42.11.2A Vacation: If an employee in this group voluntarily separates from the City, a contribution of 100% of unused vacation time at the time of separation from the City will be allocated to the Health Care Savings Plan 42.11.3A Plan Provisions: This group's HCSP shall be reviewed by the group every two years. Lkp/benefits/hcsp/P&F LT&Deputies Agenda Information Memo September 1, 2015 Eagan City Council Meeting CONSENT AGENDA C. Ratify Check Registers Action To Be Considered: To ratify the check register dated August 14 and 21, 2015 as presented. Attachments: (2) CC -1 Check register dated August 14, 2015 CC -2 Check register dated August 21, 2015 Agenda Information Memo September 1, 2015, Eagan City Council Meeting CONSENT AGENDA D. Approve Contracts Action To Be Considered: To approve the ordinary and customary contracts listed below. Facts: ➢ The contracts listed below are in order for Council approval. Following approval, the contracts will be electronically executed by the Mayor and City Clerk. Contracts to be approved: ➢ Contract with Cornerstone Parking Group for traffic flaggers at Streets Alive event. ➢ Facilities contract with School District 191 for rental of the Cedar School parking lot for Streets Alive shuttle parking. ➢ Contract with Stevens Drilling & Environmental Services Inc. for dump site investigation at City Wells 8 and 9. ➢ Contract with Wal-Mart Stores, Inc./Sam's West, Inc. for an immunization mobile health fair at the Senior Expo. Attachments: (0) The contracts are available from the City Clerk's Office. Agenda Information Memo September 1, 2015 City Council Meeting CONSENT AGENDA E. Reschedule the December 1, 2015 City Council meeting to November 30, 2015 Action To Be Considered: To reschedule the December 1, 2015 regular City Council meeting to November 30, 2015. Facts: ➢ Dakota County is holding its Truth -in -Taxation hearing on December 1St. In the interest of avoiding a scheduling conflict with the City of Eagan's Truth -in -Taxation hearing, the City Council meeting is being proposed to be changed. ➢ Per the request of the City Council, the December 1, 2015 City Council meeting is proposed to be rescheduled to November 30, 2015. Attachments: (0) Agenda Information Memo September 1, 2015, Eagan City Council Meeting CONSENT F. Easement Vacation, Final Subdivision and Final Planned Development (Cedar Grove Townhomes 2nd Addition) — Ryland Homes Actions To Be Considered: To approve an Easement Vacation of public drainage and utility easements located on Lot 1, Block 1, Leibel Addition. To approve a Final Subdivision (Cedar Grove Townhomes 2nd Addition) to create six (6) townhome lots upon approximately 0.8 acres located at the southeast corner of Cedar Grove Parkway and Gold Trail. To approve a Final Planned Development for development of six (6) townhome dwelling units upon Lot 1, Block 1 Cedar Grove Townhomes 2nd Addition located at the southeast corner of Cedar Grove Parkway and Gold Trail. Facts — Easement Vacation: ➢ A Vacation of Easements throughout the site is proposed in conjunction with the dedication of required drainage and utility easements with the Cedar Grove Townhomes 2nd Addition plat. ➢ The purpose of the request is to allow the recording of a final plat of the property for the proposed Cedar Grove Townhomes 2nd Addition as a residential townhome development. ➢ The request would vacate the existing drainage and utility easements on the property. The vacation of the easements would clean up the proposed plat by avoiding any underlying recorded dedications. ➢ The proposed final subdivision and plat of Cedar Grove Townhomes 2nd Addition will address and incorporate all necessary public drainage and utility easements on this property. ➢ This vacation request has been reviewed by Public Works (Engineering Division) staff and found to be in order for favorable Council action to coincide with consideration of the Cedar Grove Townhomes 2nd Addition. ➢ On April 7, 2015, a public hearing was held and action was continued to coincide with future City Council consideration of the Cedar Grove Townhomes 2nd Addition final plat and subdivision. No objections have been received to date. Facts — Final Subdivision and Final Planned Development: ➢ The Preliminary Subdivision and Preliminary Planned Development for Cedar Grove Townhomes 1st Addition were approved by the City on January 20, 2015. The preliminary approval consisted of two development sites, which are being filed as separate final plats. ➢ Cedar Grove Townhomes 2nd Addition consists of six (6) townhome lots and one lot for the private drives and common property. ➢ The final plat has been reviewed by staff and the Dakota County Surveyor, and has been approved for mylars. ➢ All documents and agreements are anticipated to be in order for execution at the City Council meeting on September 1, 2015. Attachments: (3) CF -1 Location Map CF -2 Final Plat — Cedar Grove Townhome 2nd Addition CF -3 Easement Vacation legal Description Graphic Z Y3� i fi_ 41 � l / ju vl T• yi r ` ��;.y Z � l / vl T• yi r ` ��;.y \ La. //ted I Z Z-�f— � l / Z-�f— L:\USERS\ENGINEER\Vacalicns\Beau D Rue Plat lqb� Proposed Drainage & Utility Easement Vacation Cftyflayn Lot 1, Block 1, Leibel Addition 1Y' , �y V j/. r �� ! • ;gib,}' c , V Xi t^ Yv' r'urrY� rvd' I I-• •• I h •G I— � I L« L I L / L L PID: 10-44800-01-010 H� I I II K I J LEGAL DESCRIPTION Lot 1, Elock 1, Lelbel Addition, Dakota County, Minnesota, except that part formerly contained within Cutlet A, Cedar Grove No, 6, Dakota County, Minnesota, (Abstract) AND That part of Lot One (1), Elook One (1), Leibel Addition, Dakota county, Minnesota, formerly contained within Outlot A, Cedar Grove No, 6, Dakota County, Minnesota. (Torrens oert,161097) a14•ofao a1s nwa Ram 4" drawn el+ 14001mo611on,01161 DK 06101 80616; oflaollo WA A rti r, h I r� I I i I Iii I 1 t.✓ LJ I V i.o"r r 1 62,00 7 6y 80 p 4 12S89059'3411W 703.93 � •..1 EASEMENT VACATION Drainage and utility easements per document number 673374, recorded as Lelbel Addition, city of Eagan, Dakota Oounty, Minnesota. \I N NOT TO SCALL~ AREA Y , O EASEMENT VACATION . 1. LIBEL ADDITIONAIIIont.Engineering,lne. 239 park Ave S, Ste 300 EASEMENT VACATION Mlnneopoits,MN55415 612,758,3080 MAIN EAGAN, MN 612,788,3099 FAX wMalllant•Inc•com 800e06'571 w 5.42 1 r. yi; +,�� • •tj}kj:' i r { .• N89 59 34 � „•• , }.....: C.. �� Cil, •M.7rh•4::. 36.54 .:,•:'� 8878 %a"�,_ .. I I-• •• I h •G I— � I L« L I L / L L PID: 10-44800-01-010 H� I I II K I J LEGAL DESCRIPTION Lot 1, Elock 1, Lelbel Addition, Dakota County, Minnesota, except that part formerly contained within Cutlet A, Cedar Grove No, 6, Dakota County, Minnesota, (Abstract) AND That part of Lot One (1), Elook One (1), Leibel Addition, Dakota county, Minnesota, formerly contained within Outlot A, Cedar Grove No, 6, Dakota County, Minnesota. (Torrens oert,161097) a14•ofao a1s nwa Ram 4" drawn el+ 14001mo611on,01161 DK 06101 80616; oflaollo WA A rti r, h I r� I I i I Iii I 1 t.✓ LJ I V i.o"r r 1 62,00 7 6y 80 p 4 12S89059'3411W 703.93 � •..1 EASEMENT VACATION Drainage and utility easements per document number 673374, recorded as Lelbel Addition, city of Eagan, Dakota Oounty, Minnesota. \I N NOT TO SCALL~ AREA Y , O EASEMENT VACATION . 1. LIBEL ADDITIONAIIIont.Engineering,lne. 239 park Ave S, Ste 300 EASEMENT VACATION Mlnneopoits,MN55415 612,758,3080 MAIN EAGAN, MN 612,788,3099 FAX wMalllant•Inc•com Agenda Information Memo September 1, 2015, Eagan City Council Meeting CONSENT AGENDA G. Final Plat (Cedar Grove Townhomes 3rd Addition) — Ryland Homes Action To Be Considered: To approve a Final Plat (Cedar Grove Townhomes 3rd Addition) located south of Cedar Grove Parkway and east of Nicols Road. Facts: ➢ The Preliminary PD and Preliminary Subdivision were approved January 20, 2015. ➢ The Cedar Grove Townhomes 1St Addition Final Subdivision and Final PD were approved May 19, 2015. The 1St Addition consisted of 45 townhome lots and one lot for the private drives and common property. ➢ Upon commencing grading and utility installation, the developer discovered more space was necessary for retaining walls. Consequently, Ryland proposes to consolidate two 4 -unit buildings into one 7 -unit building, and reconfigure the private drive and visitor parking area at the east end of the site. ➢ The 3rd Addition Final Plat replats that portion of 1St Addition to account for the modification to the site layout and new building and unit placement. ➢ Because the replat results in one less unit, one unit's park and trail dedication fees will be refunded upon approval of the Final Plat. ➢ A PD Amendment Agreement has been prepared to amend the 1St Addition Final Planned Development Agreement identifying the change to the site plan and total unit count. ➢ All documents are anticipated to be in order and ready for execution at the City Council meeting on September 1, 2015. Issues: None Attachments: (2) CG -1 Location Map CG -2 Final Plat N F F as W � � 6 LL `r O s $ 8 w S E naa 18 d s 1 6 $ $T £ a � 8 "r• co a Egii€y8 U) o v� 3 $y e m6 €.'232 @ K 3 cf: o� / / / \\ r•� i ; �5n�3 p9ry\ dd 10 ate/ S / / ,,. � d✓ \off' / ?/ r •�O dry/ I 1 I Z \v// `-- /�1Y'\ -y\. co Agenda Information Memo September 1, 2015 Eagan City Council Meeting CONSENT AGENDA H. Direct Preparation Of City Code Amendment To Clarify Permissible Rental Of Residential -Zoned Properties Action to Be Considered: To direct preparation of a City Code Amendment to clarify permissible rental of residential - zoned properties. Facts: ➢ Residential zoned properties are to be used as a "residence" of the occupants. The rental of a home, or parts of the home or a room, for purposes of the renter's residence is legally permitted. Generally, residential use is for periods of 30 days at a time or longer. Rental of parts of homes or rooms for shorter periods of time are considered to be lodging and, as such, a commercial use. ➢ At its workshop meeting of August 11, 2015, the City Council discussed the concept of short term rentals of rooms or parts of homes in residentially zoned properties to provide lodging accommodations to the public. The conclusion of the discussion was to not move forward with any action to permit such uses. ➢ As a part of the background information for the discussion, the City Attorney noted that state statutes regulating lodging establishments provide that a rental of 30 days or more is not a commercial "lodging" operation subject to the state laws. The City Code is silent as to such distinction for purposes of permissible zoning uses related to rentals. The City Attorney noted that it would be advisable to consider a housekeeping amendment to clarify permissible residential rentals in the City Code. This action would begin that process. Attachments: (0) Agenda Information Memo September 1, 2015, Eagan City Council Meeting CONSENT AGENDA Findings of Fact, Conclusions & Resolution of Denial — PD Amendment — 4150 Knob Drive (Prestige Preschool) Action To Be Considered: To adopt Findings of Fact, Conclusions & Resolution of Denial of a request for Planned Development Amendment to allow a single -story 10,400 sq ft. childcare facility located at 4150 Knob Drive. Facts: ➢ At its regular meeting on August 18, 2015, the City Council directed staff to prepare Findings of Fact, Conclusions & Resolution of Denial regarding the development proposal considered at the August 18, 2015 City Council meeting. ➢ The subject site was platted as Lot 3, Block 2, Knob Hill Professional Park in 1984, and the Knob Hill Planned Development Agreement specified the use for this lot as a one-story 5,000 square foot office building. ➢ The proposed childcare facility is a single -story 10,400 square foot building. The proposal satisfies most typical LB zoning standards, with deviations to building finish materials and structure setbacks. ➢ On July 28, 2015, the Advisory Planning Commission held a public hearing and recommended approval on a split vote (4-1). Issues: ➢ Several neighbors attended the APC and City Council meetings and expressed concerns regarding parking, traffic and building size and capacity. ➢ At the City Council meeting, the applicant agreed to meet the building finish standards. 60 -Day Agency Action Deadline: Extended to October 15, 2015 Attachments: (1) CI -1 Draft Findings of Fact, Conclusions & Resolution of Denial BEFORE THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Planned Development Amendment - Prestige Preschool Academy A Planned Development Amendment To Allow a Single Story 10,400 sq. ft. Childcare Facility Located at 4150 Knob Drive This matter came before the Eagan City Council Council received and considered the planned materials, input from the staff of the City of Eagan with all existing files and records. Jon ("the Applicant") at the meeting of the Based on all the files, records, and FINDINGS OF FACT, CONCLUSIONS AND RESOLUTION amendment from the 18, 2015. The together appeared Mllfthalf of Shingobee Builders, Inc. at the meeting, the City Council makes the folling Pim„ gs of Fact, C%pclusions, and Resolution. ACT 1. 1. 1, Se 4W, 11.50—,S'RW, ision 5 of the Eagan Municipal City Code ("the tes that the C1 3 : ay am , , velopment agreement or a zoning map "by a majority vote of the 2. *f0e a equested approval of an amendment to a planned development agreement to allow development of an approximately 10,400 s.f. single story childcare facility ("the Building") upon property located at 4150 Knob Drive, legally described as Lot 3, Block 2, Knob Hill Professional Park ("the Property"), 3. The Property was platted in 1984 as part of Knob Hill Professional Park. 4. The Knob Hill Professional Park Planned Development Agreement ("the Development Agreement") designates the Property for development of a 5,600 s.f. office building. 5. The Development Agreement was amended in the 1990s to permit the construction of single family homes along the west side of Knob Drive. 6. The Property is currently vacant. 7. The Property is triangular shaped and contain = 44 ac te. 8. An orthodontic clinic is located to th out of the Prope d single-family homes are located across Knob Drive from the - , alon with a couple and clinic buildings at the north end of Knob Drive. 9. Vehicles often travel onl&b rive to cut t between Diffley Road and souther est portion of - rope , with parking and storm -water facilities to the north, and outdoors play o: d areas wo d be located on the east of the Building. 12. The 1' indicates that the child care facility will operate from 6:30 a.m. to 6:30 p.m. Monday thrffugh Friday. 13. The Applicant is proposing a 5' deviation to the building setback zoning standards from Pilot Knob Road for the northeasterly corner of the Building, and the Building's trash enclosure would deviate with a proposed setback of 18.1' from Knob Drive. 2 14. The ordinance restriction for the Property requires that at least two Class I materials be used comprising at least 65% of the Building, and up to 35% of the Building may be comprised of Class III or IV materials. 15. The Applicant indicates that the Building's architecture will be quasi -residential with a brick and siding exterior, pitched roof and asphalt shingles, an will utilize two types of Class I materials (brick and glass) along with a Class III materi P Smart Side, which is an engineered wood lap siding). According to the Applican lass aerials will cover only 59.69% of the Building. 16. Residents on Knob Drive stated Property when they purchased their houses on Knob 17. Members of the comm*AftrAand opposition to the construction of the parking, the size of the Br : ; the about the necessity materials for day -fie centers in the 5,600 s.£ 1W-1. lion for the residents. the Property voiced their e in traffic, insufficient inarby property values, questioned , and the types of proposed construction on Knob Drive voiced their concern about the types of the IMIdi 19.Applicati c : stated that traffic on Knob Drive would increase during pick-up and drop-off times, ypically would be in the morning and evening hours and would coincide with the busi6st times on Knob Drive. 20. Councilmember Fields made a motion to prepare findings of fact for denial of the amendment to the Development Agreement due to the size of the Building being too big for the Property, the size being inconsistency with the size currently permitted under the existing "tj planned development agreement, and the lack of meeting the Code requirements for the type of materials proposed to be used for the construction of the Building. 21. Councilmember Tilley agreed with Councilmember Fields' motion to prepare findings of fact for denial for the reasons as stated by Councilmember Fields, and also stated that the increase in traffic on Knob Drive was another reason she was j Fields' motion to deny the amendment request. 22. Councilmember Bakken expressed the desir ,o hav overall traffic issues on Knob Drive and voiced the d ._t e to xblore the cul -du -sac on the street in order to prevent driv4M"i and Pilot Knob Drive, and, absent the opportunity to a Councilmember Bakken joined Council : ,li.e Fields' denial. Councilmembers F herein. in Councilmember time to correct the of installing a Road the traffic issues on Knob Drive, findings of fact for the reasons as stated by to prepare findings of fact for denial. motion to deny the request. CONCLUSIONS erly F ught before the City Council. incorporates the above findings into its conclusions as set forth 3. Four members of the Eagan City Council voted in favor of Councilmember Fields' motion to prepare findings of fact for denial, with one voting against the motion. 4. According to Chapter 11, Section 11.50, Subdivision 5 of the City Code, the Applicant's requested amendment to the planned development agreement fails. 0 5. The denial of the requested amendment does not deprive the Applicant of the use commonly enjoyed by other properties in the same vicinity for the Property and those governed by the Development Agreement, such as developing the Property with a building that is consistent with the Development Agreement. G There remains a viable use for the Property. RESOLUTION The City Council of the City of Eagan does hereby amendment to the Development Agreement for 4150 Dated at Eagan, Minnesota this 161 Applicant's requested A�: Christina M. Scipioni Its: City Clerk Agenda Information Memo September 1, 2015 Eagan City Council Meeting CONSENT AGENDA J. Contract 15-15, Yankee Doodle Road/ Promenade Avenue/ O'Leary Lane Intersection Improvements Action To Be Considered: Approve Change Order No. 1 to Contract 15-15 (Yankee Doodle Road (CSAH 28)/ Promenade Avenue/ O'Leary Lane — Intersection Improvements), and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Contract 15-15 provides for traffic signal and roadway improvements for the Yankee Doodle Road/Promenade Avenue and Yankee Doodle Road/O'Leary Lane intersections as a joint project between the City and Dakota County. The contract also provides for the removal and replacement of the sidewalk along the south side of Yankee Doodle Road, from Denmark Avenue to 350 feet east of O'Leary Lane; an eastbound right -turn lane on eastbound Yankee Doodle Road at O'Leary Lane; and the median closure on Yankee Doodle Road at O'Leary Lane. ➢ Change Order No. 1 provides for the following: o Extension of contract substantial and final completion dates to December 31, 2015 and January 15, 2016, respectively. These extensions allow for the signal installation work to be completed after the planned material delivery date of November 18, 2015. This portion of the change order would not affect the contract amount. o Installation of a new hydrant in lieu of relocating an existing outdated hydrant. The existing hydrant, originally planned to be relocated as part of the contract, would be replaced with a new hydrant in accordance with current City standards. ADD $3,104.64 ➢ The cost of the additional work is consistent with bid prices received for relevant bid items on other projects within the city and region. ➢ The change order provides for an additional cost of $3,104.64 (0.3% of original contract) with changes in the completion date of the original contract as noted above. The cost of the additional work under the change order would be the responsibility of the City's Combined Utilities Trunk Fund (Fund 9376). ➢ This Change Order has been reviewed by the Public Works Department (Engineering Division) and found to be in order for favorable Council action. Attachments: (0) Agenda Information Memo September 1, 2015, Eagan City Council Meeting CONSENT AGENDA K. Contract 15-23, Well No. 3 Restoration Trunk Water Improvements Action To Be Considered: Approve the plans and specifications for Contract 15-23 (Well No. 3 Restoration — Trunk Water Improvements) and authorize the advertisement for a bid opening to be held at 11:00 am on Thursday, September 24, 2015 at the Utility Building, located at 3419 Coachman Point, Eagan, MN 55122. Facts: ➢ Contract 15-23 provides for the restoration and repair of Well No. 3. Well No. 3, and the associated well house, is one of the City's oldest wells. o The well has been out of service since the end of last summer (2014) with a broken pumping system. o The interior of the well house needs to be refurbished. Energy efficiency and air quality standards are quite different than they were when the well was originally placed into operation. o The proposed upgrade of the Central Maintenance Facility (CMF) affects any improvements at Well No. 3. The water line coming from the well goes underneath a portion of the future expanded CMF. The water line must be relocated to accommodate this building expansion. ➢ On June 3, 2014, the City Council adopted the 5 -year Capital Improvement Plan for Public Works Infrastructure, Part III (2015-2019) and authorized the initiation of the public improvement process for the 2015 programmed improvements. ➢ On April 7, 2015, the City Council approved an increase in CIP funds to address additional expenses related to the restoration. ➢ All of the construction activity for said improvements has been designed to occur within existing public right-of-way or easements. ➢ The plans and specifications have been completed and are being presented to the City Council for their approval and authorization of the advertisement for bids. ➢ All bid advertisement notices will be published in the legal newspaper, as well as electronic formats, informing contractors of the bid. Attachments (0) Agenda Information Memo September 1, 2015 Eagan City Council Meeting CONSENT AGENDA L. Approve The Hiring Of Leo A Daly Architects To Prepare Plans And Specifications For The Civic Arena Storage Building. Action To Be Considered: Approve the hiring of Leo A Daly architects to prepare plans and specifications for the Civic Arena storage building. Facts: ➢ The City of Eagan has been investigating opportunities to provide additional storage areas at the Eagan Civic Arena at the request of the Eagan Hockey Association and Eagan Athletic Association. ➢ The Eagan Hockey Association and the Eagan Athletic Association have expressed a desire to partner in funding construction of additional storage space. Both organizations are currently leasing off-site storage areas. ➢ The City of Eagan partnered with EAA on a similar storage facility which was constructed at the Lexington-Diffley Athletic Complex in 2012. EAA providing funding for building construction and was, in turn, given a long term lease for use of the building. ➢ In order to get more detailed costs, the architects would be hired to complete plans and specifications, which would prepare the City of Eagan to proceed with bids should the City Council make that determination. ➢ The projected cost for preparing the plans and specifications is $5,500. This would become part of the project cost split by all partners, if the project is constructed. Attachments: (1) CL -1 Leo A Daly Proposal for Services PLANNING August 5, 2015 ARC I-IITECTURE Mark Vaughan ENGINEERING Campus Facilities Manager INTERIORS City of Eagan, Eagan Civic Arena 3870 Pilot Knob Road, Eagan MN 55122 Subject: Proposal for Services — Eagan Civic Arena expansion assessment (Equip Storage) Dear Mark: EST, 1915 LEO A DALY is pleased to present this proposal to provide Architectural and Engineering ABU DHABI services to the City of Eagan. ATLANTA AUSTIN PROJECT GOALS & OBJECTIVES BEIJING The City of Eagan wishes to commission a professional assessment of the feasibility of expanding BRYAN the existing Civic Arena building for the purpose of adding equipment storage rooms for the City CHICAGO and City's partners. Tile effort is to consist of two parts. Part A consists of the preliminary DALLAS feasibility, a layout of 2 alternative options and costs of expansion, Part B, if authorized, would .DENVER consist of the concept refinement and the development of bid documents for construction, FORT WORTH HONG KONG PART A: Investigate the feasibility approaches o achieving and costs of two different hes thievin the . HONOLULU equipment storage needs. HOUSTON ISTANBUL LAS VEGAS Option 1: The first option anticipates expansion of the existing facility, likely at the LOS ANGELES short edge of an existing ice sheet on the .southern exposure of the existing rink, MIAMI This option is anticipated to impact the existing exit doors / corridors on this end of MINNEAPOLIS the building, the footings/foundations and partial removal of the existing exterior Moscow wall and the rear parking lot. It is not anticipated to impact the existing mechanical OMAHA or mechanical courtyard spaces, PHOENIX SACRAMENTO Option 2: The second option anticipates a free standing storage building, to be SAN ANTONIO located in the rear parking lot area of the Civic Arena. This option is anticipated to SAN MARCOS impact the rear parking lot, but is not anticipated to impact the existing building TAMPA exterior wall or footings and foundations. TIANJIN WACO PART B: As it was determined to be feasibly, part B will consist of the refinement of the WASHINGTON, DC expansion concept, the development of a preliminary rendering, and review of the concept with WEST PALM BEACH the City and City Partners for further refinement and the development of documents for bidding the construction, SCOPE OF BASIC SERVICES LEO A DALY'S Basic Services include architecture, mechanical and civil engineering, Additional services for structural, electrical and interior design can be provided, if deemed appropriate for the assessment, Basic activities are as follows: Part A —Assessment of Feasibility for expansion, • Conduct on-site walk through of existing building; • Conduct interviews with staff to define the physical space needs; + Conduct a code analysis of the existing building to define the code -defined construction type, fire suppression, egress and area limitations, if any; 730 SECOND AVENUE SOUTH o Conduct a site analysis to define the conceptual site layout, SUITE 1100 MINNEAPOLIS, MN 55402-2455 ! Develop a written memorandum to City representatives documenting all TEL 612.338.8741 information, definitively defining the scope of work, including the conceptual; FAX 612.338,4840 layout and estimate of probable cost of both options, www•leoadaly.com PLANNING ARCHITECTURE ENGINEERING INTERIORS C EST. 1915 ABU DHABI ATLANTA AUSTIN BEIJING BRYAN CHICAGO DALLAS DENVER FORT WORTH HONG KONG HONOLULU HOUSTON ISTANBUL LAS VEGAS LOS ANGELES MIAMI MINNEAPOLIS MOSCOW OMAHA PHOENIX SACRAMENTO SAN ANTONIO SAN MARCOS TAMPA TIANIIN WACO WASHINGTON, DC WEST PALM BEACH 730 SECOND AVENUE SOUTH SUITE 1100 MINNEAPOLIS, MN 55402-2455 TEL 612.330.8741 FAX 612.338.4840 www.leoadaly.com Part B — Concept Refinement & Bidding Documents • Conduct key Leadership and Staff Interviews; • .Further refine the concept to develop a preliminary layout and define the impacts to the existing building (affirm if existing central plant is adequate to serve new addition, define modifications to existing corridors, exits, restrooms and other, if renovation will be required as a part of this project); • Review developed information with City representatives for input; o Develop detailed documents for the purpose of soliciting a contractors bid to implement the work, • If desirable, present the concept to the Advisory Committee or City Council, as appropriate. ASSUMPTIONS Our assumptions for this proposal are: • The work will be based upon current building documentation provided by the City, It is assumed that the documents will be of sound quality sufficient to rely upon, • The work will not include investigation of hidden conditions or removing or damaging existing portions of the building in discovery or verification; • The basis of the site concept test -fits will be aerial photography. Graphics will be of a conceptual nature and will include one revision to incorporate comments ( feedback, • If additional assessments, such as modifications or modernization to the ice plant equipment or building plant equipment are desired, these can be provided as an additional service. SCHEDULE The time frame for this work is estimated to be up to 30 days for PART A after receiving formal authorization to proceed for each part, The schedule is subject to change dependent upon City review processes. It is anticipated that 2 meetings will be required to review and present the work, COMPENSATION FOR BASIC SERVICES The basic services lump sum fee has been established on Leo A Daly's projected work effort: PART A TOTAL: PART B TOTAL: $5,500 Dependent upon Option Selected These reimbursable expenses will be included in the cost of services, Sincerely, Leo A Daly 1A Cindy McCleary, AIA LEED AP, NCARB Principal - Market Sector Lead camccleary®leoadaly.com (612) 341-9588 Agenda Information Memo September 1, 2015 Eagan City Council Meeting CONSENT AGENDA M. Approve A Resolution To Accept Donation For Purchase Of Audio Visual Equipment From Honeywell. Action To Be Considered: To approve a resolution to accept a donation of $528.23 in cash from Honeywell for the purpose of purchasing audio visual equipment for use at the Eagan Civic Arena and to authorize the necessary budget adjustment and direct the Mayor and City Clerk to sign the appropriate documents. Facts: ➢ The Eagan Civic Arena hosts a variety of community events in the mezzanine area that use sound and displays. Audio visual equipment will be used for those event technology needs ➢ By approving these donations the 2015 Civic Arena budget would receive a corresponding budget adjustment reflecting the cash donations of: o $528.23 to budget line item 6602-4663 Attachments: (1) CM -1 Resolution Honeywell's Donation CITY OF EAGAN RESOLUTION TO ACCEPT CASH DONATIONS FROM HONEYWELL WHEREAS, the Eagan Civic Arena offers several community events during the year that require audio visual equipment needs; and WHEREAS, Honeywell, has expressed an interest in partnering with Eagan Parks & Recreation to support the audio visual equipment needs; and WHEREAS, Honeywell has offered to donate $528.23 in cash to support the purchase of audio visual equipment for Eagan Civic Arena; and NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby accept the $528.23 cash donation from Honeywell to support Eagan Civic Arena audio visual equipment. Motion made by: Seconded by: Those in favor: Those against: Dated: CITY OF EAGAN CITY COUNCIL By: Mayor Attest: City Clerk CERTIFICATION I, Christina M.Scipioni, City Clerk for the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 1st day of September, 2015. City Clerk Agenda Information Memo September 1, 2015, Eagan City Council Meeting CONSENT AGENDA N. Adopt A Resolution Accepting A Donation From An Eagan Citizen. Action To Be Considered: Adopt a resolution authorizing acceptance of $50 donation from an Eagan Citizen Facts: ➢ A citizen contacted the Eagan Police Department and wished to forward a $50.00 donation to support the department and its efforts to police the City. ➢ The Citizen was appreciative of the effort shown by department staff after a detective solved a case. ➢ The police department seeks authorization to accept this donation from the citizen. ➢ The Chief of Police forwarded a thank you letter. ➢ Approving the resolution/accepting the donation will also authorize $50.00 budget adjustment to line item 1101-6477 in the police department's 2015 budget. Attachments: (1) CN -1 Resolution CITY OF EAGAN RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN Anonymous Citizen WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the costs to the general public of providing services in Eagan; and WHEREAS, an Eagan Citizen has presented the police department with a $50.00 donation. The funds will be used to purchase miscellaneous items. WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two-thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Eagan, Dakota County, Minnesota, that the grant is hereby accepted for use by the City; and an adjustment is made to line item # 1101-6477 in the police department's 2015 budget; citizen. BE IT FURTHER RESOLVED, that the City sincerely thanks this anonymous ADOPTED this 1St day of September, 2015. CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk Motion by: Seconded by: Those in Favor: Those Against: Date: Agenda Information Memo September 1, 2015, Eagan City Council Meeting CONSENT AGENDA O. Approve Exempt Permit for The Open Door to hold a raffle on October 4, 2015 at Lost Spur Golf and Event Center Action To Be Considered: To adopt a resolution approving an Exempt Permit for The Open Door to conduct a raffle on October 4, 2015 at Lost Spur Golf and Event Center, 2750 Sibley Memorial Highway. Facts: The Open Door has applied for an Exempt Permit with the Gambling Control Board to hold a raffle as listed above. All requirements for the application have been met and staff deems it in order for approval. Attachments: (1) CO-1 Resolution RESOLUTION NO. _______ CITY OF EAGAN APPLICATION FOR EXEMPT PERMIT THE OPEN DOOR WHERAS, The Open Door has applied for an Exempt Permit to conduct a raffle on October 4, 2015; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approved the Exempt Permit for The Open Door to conduct a raffle on October 5, 2015 at 2750 Sibley Memorial Highway. CITY OF EAGAN CITY COUNCIL By: _________________________ Its Mayor Attest: _______________________ Its Clerk Motion by: Seconded by: Those in favor: Those against: Date: September 1, 2015 CERTIFICATION I, Christina M. Scipioni, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 1st day of September, 2015. ____________________________ City Clerk Agenda Information Memo September 1, 2015 Eagan City Council Meeting PUBLIC HEARING A. Boulder Lakes Addition Easement Vacation Action To Be Considered: Close the public hearing to consider vacating a public drainage and utility easement over all of Outlot B, Boulder Lakes, and continue action to coincide with future City Council consideration of the Boulder Lakes 3rd Addition final plat and subdivision. Facts: On July 16, 2015, City staff received a petition from Gregory S. Miller, representing Interstate Partners, requesting the vacation of an existing drainage and utility easement over all of Outlot B, Boulder Lakes, north of Lone Oak Road and east of Ames Crossing Road, in northeast Eagan. The purpose of the request is to allow the final subdivision and recording of a final plat of the property for the proposed Boulder Lakes 3rd Addition. The vacation of the easements would clean up the proposed plat by avoiding any underlying recorded dedications. ➢ The final plat of Boulder Lakes 3rd Addition will address and incorporate all necessary for public drainage and utility easements on this property. ➢ The approval of the plat for the Boulder Lakes 3rd Addition will be scheduled for Council consideration at a future City Council meeting. ➢ All notices have been published in the legal newspaper and sent to all potentially affected and/or interested parties for comment prior to the public hearing. No objections have been received to date. ➢ This vacation request has been reviewed by Public Works (Engineering Division) staff and found to be in order for favorable Council action to coincide with consideration of Boulder Lakes 3rd Addition. Attachments: (2) PHA -1 Location Map PHA -2 Legal Description Graphic DOTA HEIGHTS 1\ EASEMENT VACATION ; LOCATION 1 0 z 0 U U w e Q LONE OAK RD. e e I HV vY 55 0 I 1 a o z I X e W 1 J I YANKEE DOODLE RD. e o h � W A � I 1 1 W WESCOTT ROAD I e I 1 1 Proposed Easement Vacation City of l;apn Outlot B, Boulder Lakes 7/17/2015 NIlX iY "n"! 14[ Vf(F HIE ,--% M "n" . c v a u NB9'6894'W 1334.89 t 40 City of Eagan Proposed Easement Vacation Fig 2 Proposed Easement Vacation I OF I // ♦ i 1 IR I I J tl IIO wit Iz BIZ . 1 / is a , OUTLOT B rr•1 � 1.a j l / � ti 110 � 1 1 a dl 0 .EDGE or � �J 585'35'25 W 220,00 I 1 r—rD 41f wIOlPoa]OgScC,IxLaAi .GutlmKtnD/1 I 4. LOlNi!(.� Ep- ROAD qJ 4 5'0940 8 N -SCS A.M. NO. :26 (LONE OAK RD.) -A-4 t N99'54'25"E 1328.53 20 ] u -� (L(+h1F �Lje, okEIV.. ^ lr. 1 �•1 �r� n 1 � 1,,1-• i 1-i1-- ilii is fr r City of Eagan Proposed Easement Vacation Fig 2 Proposed Easement Vacation Agenda Information Memo September 1, 2015, Eagan City Council Meeting PUBLIC HEARING B. Certification of Delinquent Utilities Action To Be Considered: To close the public hearing and approve the final assessment roll for delinquent utility bills and authorize its certification to Dakota County for collection with property taxes. Facts: ➢ The City Code allows for collection through certification of delinquent utility bills which are not paid. ➢ At the August 3, 2015 City Council meeting, a public hearing was scheduled for the September 1, 2015 City Council meeting. ➢ The City currently has approximately 959 utility bill accounts with delinquent balances. The assessable amount of these accounts is $188,188.40. If certified, 4% interest is added to the balance. ➢ All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and their proposed assessments. ➢ 87 or 8.7% of the utility accounts due for certification have had a Sheriff's Sale since January 1, 2012. 25 accounts had a Sheriff's sale in 2015, 21 accounts in 2014, 16 accounts in 2013, and 25 accounts for years 2012. ➢ At the same time in 2014, the City had approximately 893 utility bill accounts with delinquent balances that totaled $210,296.81. The variance in accounts being assessed between 2015 and 2014 is believed to be a result of an increase of final accounts not being paid due to a higher number of residents moving in and moving out of the City. Attachments: (1) PHB-1 Delinquent account list Delinquent Listing Account # Service Address Total Certification 0012239406 736 HAY LAKE RD N $ 50.00 0010900900 1366 BALSAM ST E 50.00 0011007606 1745 HICKORY HILL 50.00 0010911709 1215 CARLSON LAKE LANE 50.27 0012636403 4742 OAK CLIFF DR 50.59 0035505908 550 LONE OAK RD 50.88 0023901945 1815 DIFFLEY RD 51.32 0012910501 4447B CLOVER LANE 51.54 0011711009 4329 BEAR PATH TR 51.76 0025727801 1740 TALON TR 51.77 0036402006 3170 QUARRY CT 52.33 0038333100 3165 DONEENE LANE 52.54 0025102609 3530 COACHMAN RD 52.60 0024303703 1296 KOLSTAD LANE 53.19 0010500700 1677 WALNUT LANE 53.22 0089910735 3473 CHESTNUT LANE 53.27 0010106904 2078 COPPER LANE 53.74 0024807604 3676 WIDGEON WAY 53.82 0010507309 1631 WALNUT LANE 53.96 0036112712 1581 FOUR OAKS RD 54.09 0010208601 4230 DIAMOND DR 54.10 0012815700 1800 COVINGTON LANE 54.13 0012018800 4829 SAFARI PASS 54.32 0012511200 1575 CLEMSON DR 54.79 0036407807 1380 TOWERVIEW RD 55.18 0012311106 46311/2 PENKWE WAY 55.71 0013215405 1769 NOKIA WAY 56.15 0012809505 4677 SORREL PT 56.25 0024220709 3669 ASHBURY RD 56.44 0025724907 4148 RAPTOR RD 56.64 0023302003 2132 CARNELIAN LANE 56.67 0025619503 4083 CASHELL GLEN 56.77 0025734609 3550 BIRCHPOND RD 57.31 0011743507 1891 DEER HILLS TR 57.60 0012804704 4691 H I RTA PT 58.01 0011901303 4801 SHEVLIN CT 58.67 0024326902 3822 WIN DCREST CT 58.70 0013238506 4677 NICOLS PT 59.06 0012801700 4723 ANNE PT 59.17 0023600109 3925 MICA TR 59.50 0012825006 1879 COVINGTON LANE 59.55 0036723104 3239 HILLSIDE CT 60.18 0012262507 4508 WHITETAIL WAY 60.37 0038269601 2965 LONE OAK CIR 60.47 0012910808 4449B CLOVER LANE 60.97 0023109408 2095 GARNET LANE 61.98 0 Delinquent Listing Account # Service Address Total Certification 0024212805 3411 HIGHLANDER DR $ 62.86 0023914500 3956 PERIDOT PATH 63.55 0013222005 534 MAJESTIC OAKS CT 64.31 0012026209 2017 PIN OAK DR 64.69 0023111503 2082 EMERALD LANE 65.90 0036301901 1465 HIGHVIEW AVE 66.03 0013182803 4327 SEAN CT 66.36 0036307007 2930 PILOT KNOB RD 66.61 0012244307 4237 YORKTOWN DR 67.09 0036116705 1624 DONALD CT 67.58 0024216202 3430 HIGHLANDER DR 67.70 0025648205 3709 BLACKHAWK RD 67.99 0037619509 760 WINDMILL CT 68.00 0012314902 4644 1/2 PEN KWE WAY 68.01 0025000803 3816 LAUREL CT 68.03 0024224909 3649 ASHB'URY RD 69.45 0024320400 1265 TIMBERSHORE LANE 69.45 0023304900 2057 BLUESTONE LANE 70.00 0089910660 3453 CHESTNUT LANE 70.22 0036605806 3326 WREN LANE 70.63 0036103406 3314 HERITAGE LANE 71.23 0010712206 4358 DUNROVIN LANE 71.27 0036147106 3134B FARNUM DR 71.50 0036509008 1042 BEATRICE ST 71.62 0025724105 1775 TALON TR 71.86 0038204400 665 COVENTRY PKWY 72.18 0036115202 1656 DONALD CT 72.18 0012702403 4661 BAMBLE CIR 72.28 0025202300 1438 BLACKHAWK LAKE DR 72.89 0023900509 1833 KATHRYN CIR 72.89 0025500406 3760 BLACKHAWK RD 73.97 0012110805 4583 HORIZON CIR 73.97 0024206807 3480 GREENWOOD CT S 73.98 0024216905 3428 HIGHLANDER DR 74.12 0012613204 4516 CINNAMON RIDGE TR 74.87 0036502409 2977 LEXINGTON AVE S 75.21 0012832705 4736 WEST WIND TR 75.57 0036215309 1490 MCCARTHY RD 75.60 0038318705 612 CRANE CREEK LANE 75.77 0024006504 1751 FLAMINGO DR 76.08 0037008000 866 WESCOTT SQUARE 76.10 0013241708 4665 ASPEN RIDGE CIR 76.23 0036115608 1646 DONALD CT 76.72 0037714805 956 SAVANNAH RD 76.78 0037803608 931 SAVANNAH RD 76.95 0037716800 1023 SAVANNAH RD 77.19 E Delinquent Listing Account # Service Address Total Certification 0038224002 891 IVY LANE $ 77.46 0023713902 1764 SILVER BELL RD 77.56 0037714607 964 SAVANNAH RD 77.63 0036141208 3255 EVERGREEN DR 79.01 0012231007 794 SUNSET DR 79.12 0012608907 4556 SCOTT TR 79.12 0023802705 4058 AMETHYST LANE 79.43 0036307619 2983 PILOT KNOB RD 79.83 0012200135 670 DIFFLEY RD 80.14 0024328700 3835 WINDCREST CT 80.22 0036430502 3080 SHIELDS DR 104 80.37 0012280855 689 HAY LAKE RD N 80.38 0024003808 1730 FLAMINGO DR 81.20 0089909000 2129 CEDAR GROVE TR 81.54 0025104902 1621 BOARDWALK 82.55 0011308400 1261 DUNBERRY LANE 83.93 0013227608 4920 PINE LANE 83.93 0010712503 1285 WILDERNESS RUN RD 83.93 0036712602 3310 ROLLING HILLS DR 84.87 0036148203 3122 FARNUM DR 85.30 0024905804 1256 DUCKWOOD DR 85.91 0024309106 1282 TIMBERSHORE LANE 85.92 0023922008 4119 MEADOWLARK PT 86.20 0024905705 3604 CROSSROAD CT 86.20 0038268108 829 GOVERN CIR 86.97 0023917107 4166 MEADOWLARK WAY 87.06 0023501703 1921 JADE LANE 87.33 0038317400 595 CRANE CREEK LANE 87.58 0012435103 933 JEFFERSON LANE 88.54 0012632824 4434 CINNAMON RIDGE TR 88.71 0036200905 1445 LONE OAK LANE 89.03 0023503808 1908 CARNELIAN LANE 89.29 0024112005 3916 RIVERTON AVE 89.99 0036720605 3374 ROLLING HILLS DR 90.03 0011112398 1746 DRAKE DR 90.05 0024007700 3781 RED ROBIN LANE 90.54 0037804507 987 BOSTON HILL RD 90.58 0024313306 1164 TIMBERSHORE LANE 90.82 0012812905 1807 KARIS WAY 90.84 0012626800 4462 SLATER RD 91.13 0037615309 780 CANTER GLEN CIR 91.45 0012102901 1074 KIRKWOOD DR 91.67 0025717802 3445 OLEARY LANE 91.80 0010102200 2134 SHALE LANE 91.91 0024210403 1502 WOODVIEW AVE W 92.11 0024318503 1233 TIMBERSHORE LANE 92.18 3 Delinquent Listing Account # Service Address Total Certification 0036407708 1382 QUARRY LANE $ 92.62 0011111606 1706 WOO DGATE LANE 92.81 0010110807 2074 QUARTZ LANE 93.17 0012116604 1066 TIFFANY PL 93.52 0036602605 3295 HWY 55 93.63 0036112795 3103 FARNUM DR 94.83 0036605905 3318 WREN LANE 95.17 0037023603 3692 CARDINAL WAY 95.18 0038000105 3771 WOODLAND TR 95.18 0036232601 1563 SKYLINE TR 95.18 0012311809 4623 PENKWE WAY 95.20 0010506301 1654 HICKORY LANE 95.55 0024904906 3617 CROSSROAD CT 95.59 0024314205 1165 TIMBERSHORE LANE 96.48 0012605200 2127 CLIFFHILL LANE 96.60 0024209900 1516 WOODVIEW AVE W 97.56 0010507408 1629 HICKORY LANE 97.62 0012517207 1572B CLEMSON DR 97.62 0012315008 4620 1/2 PENKWE WAY 97.62 0023607708 1776 TURQUOISE TR 98.03 0036205201 2888 SIBLEY HILLS DR 98.23 0036308500 2804 BEAM LANE 98.23 0012823407 1914 COVINGTON LANE 98.33 0013009204 1474 THOMAS LANE 98.33 0038229209 513 TYNE LANE 98.44 0012110904 4581 HORIZON CIR 98.57 0024340705 3656 PINECREST CT 98.73 0038315503 633 CRANE CREEK LANE 98.77 0012810107 4679 TRAVERSE PT 99.13 0012904603 4465B CLOVER LANE 99.21 0038254306 701 GRANITE DR 99.26 0023207400 4157 RAH N RD 99.33 0036721801 3393 ROLLING HILLS DR 99.78 0024905903 1252 DUCKWOOD DR 100.21 0024332009 1300 DEERCLIFF LANE 100.21 0013239207 4314 JESSICA CT 100.23 0023905300 4054 HALITE LANE 100.44 0023211600 2042 JADE LANE 100.50 0024205403 3479 GREENWOOD CT S 100.80 0037503109 600 AUTUMN OAKS CT 101.05 0012807103 4683 STAVERN PT 101.14 0036905701 710 BRENTWOOD LANE 101.66 0024214504 3449 HIGHLANDER DR 102.08 0024807505 3672 WIDGEON WAY 102.24 0025725805 1715 TALON TR 102.51 0038212403 642 WITHAM LANE 102.63 4 Delinquent Listing Account # Service Address Total Certification 0011909512 1677 SHERWOOD WAY $ 102.82 0025610809 4071 BEAVER DAM RD 103.33 0025660812 3565 PILOT KNOB RD 103.64 0025014705 3829 HEATHER DR 103.72 0023502701 1956 CARNELIAN LANE 104.00 0012212619 4201 TRENTON RD 105.21 0023602600 1837 TURQUOISE TR 105.57 0024340309 3672 PINECREST CT 105.57 0010700300 4360 GARDEN TR 106.34 0012310306 4639 1/2 PENKWE WAY 106.64 0036104008 3280 HERITAGE LANE 106.72 0089907925 870 TRAILS END RD 107.23 0035500305 3207 SIBLEY MEMORIAL HWY 107.31 0012511101 1575B CLEMSON DR 107.33 0037107406 4080 PENNSYLVANIA AVE 107.39 0036512309 1069 KEEFE ST 107.43 0036404903 3177 JURDY CT N 107.43 0011717501 4241 SUNRISE RD 107.65 0012839007 1939 BERKSHIRE DR 107.79 0023205206 2001 EMERALD LANE 107.88 0036146702 1595 SNOWFLAKE DR 108.26 0023509508 4058 OLIVINE DR 108.43 0012630208 4427 CINNAMON RIDGE CIR 108.61 0011813805 4785 BEACON HILL RD 109.05 0012631404 4463 CINNAMON RIDGE CIR 109.20 0024328809 3839 WINDCREST CT 109.20 0011100906 4448 WOODGATE CT 110.16 0024227308 1643 ASHBURY PL 110.23 0023408313 1955 GOLD TR 110.24 0025502303 1390 ROCKY LANE 110.33 0025708009 1523 DEERWOOD BEND 110.80 0036311306 2998 BURNSIDE AVE 110.84 0025001306 3834 LAUREL CT 110.85 0013261904 1623 SUMMIT HILL 111.15 0012623807 4534 CINNAMON RIDGE TR 111.51 0012711909 4655 LENORE LANE 111.64 0024325102 3745 DENMARK TR W 111.72 0013100706 4205 SUMAC PT 112.05 0024101602 1745 DAVENPORT AVE 112.33 0012206900 627 ATLANTIC HILL DR 112.49 0011108404 4488 WOODGATE PT 113.01 0024106908 3967 RIVERTON AVE 113.34 0012280624 668 OVERHILL RD 113.42 0010207405 4263 AMBER CT 114.71 0024216608 3422 HIGHLANDER DR 114.95 0036230506 1590 STEPHANIE CIR 115.79 5 Delinquent Listing Account # Service Address Total Certification 0024333908 3864 DENMARK AVE $ 115.93 0012109005 1112 KIRKWOOD DR 116.01 0036504306 1037 KENNETH ST 116.14 0024408502 4162 PILOT KNOB RD 116.49 0036607901 3220 RANDOM RD 116.63 0011014206 1760 HICKORY HILL 116.86 0011919602 4784 LONDON LANE 117.57 0010904506 1370 EASTER LANE 117.57 0012002408 1943 SAFARI TR 117.57 0012711602 4631 LENORE LANE 117.78 0010801306 4454 CHES MAR CIR 118.09 0011110509 1724 WOODGATE LANE 118.14 0038202008 536 ESK LANE 118.18 0010905909 1339 EASTER LANE 118.42 0011010600 1803 WALNUT LANE 119.14 0036204501 2880 SIBLEY HILLS DR 119.31 0024337305 1320 DRESDEN CT 119.58 0038293007 668 LEXIE CT 120.49 0025724600 4160 RAPTOR RD 120.83 0011729308 4308 SUN CLIFF RD 120.92 0089910715 3467 CHESTNUT LANE 121.06 0010203701 2106 MARBLE LANE 121.99 0010606200 4353 SEQUOIA DR 122.37 0011300803 1329 CHES MAR LANE 122.38 0037719804 3912 DANBURYTR 122.49 0037905700 3686 WESCOTT HILLS DR 122.78 0037801602 1012 TICONDEROGA TR 122.78 0012904009 4464 CLOVER LANE 122.85 0024215709 3452 HIGHLANDER DR 123.15 0035511609 3535 ELRENE RD 123.28 0012007407 2047 PIN OAK DR 123.46 0036430205 3080 SHIELDS DR 107 124.22 0012304101 4653 PENKWE WAY 125.48 0036815504 717 CASTLETON LANE 125.55 0037706900 3876 GIBRALTAR TR 125.87 0012611505 4499 SCOTT TR 126.21 0038231304 3874 MERSEY WAY 127.18 0011014503 1754 HICKORY HILL 127.19 0013259403 1516 PINETREE TR 127.19 0011817202 4732 COVINGTON CT 127.19 0036502706 2888 LEXINGTON AVE S 127.31 0012309001 4647 RIDGE CLIFFE DR 127.72 0012300604 4699 RIDGE CLIFFE DR 127.79 0036917409 3645 WINDTREE DR 127.90 0025311507 1422 ROCKY LANE 127.91 0012312005 4621 PENKWE WAY 128.35 t.9 Delinquent Listing Account # Service Address Total Certification 0023509904 4016 MICA TR $ 128.57 0024461204 4020 HOSFORD HILLS RD 128.92 0025651209 3727 BROWN BEAR TR 128.92 0012109708 4578 HORIZON CIR 129.64 0010110609 2066 QUARTZ LANE 129.87 0036408029 1335 TOWERVIEW RD 130.28 0035503903 535 CHAPEL LANE 130.43 0025715301 4119 OAKBROOKE CURVE 130.49 0037105608 4154 PENNSYLVANIA AVE 131.31 0012632774 4442 CINNAMON RIDGE TR 132.00 0012017802 2078 KINGS RD 132.00 0012125209 958 WATERFORD DR W 132.00 0012605804 2103 CLIFFHILL LANE 132.83 0011726700 4299 SUN CLIFF RD 132.83 0024314809 1175 TIMBERSHORE LANE 133.47 0012314605 4646 PENKWE WAY 133.60 0036100204 1765 YANKEE DOODLE RD 133.99 0012210308 4546 HAY LAKE RD S 134.34 0023101801 2146 SAPPHIRE LANE 134.56 0023923105 4133 MEADOWLARK PT 134.86 0089909015 2133 CEDAR GROVE TR 135.16 0012518502 1588 CLEMSON DR 135.18 0037710803 1053 KETTLE CREEK RD 135.26 0035501501 1428 SKYLINE RD 135.29 0037806304 3922 BOSTON CIR 135.98 0036212603 3046 PINE RIDGE DR 136.24 0012827101 4725 RIDGE WIND TR 136.31 0010512804 1633 HICKORY HILL 136.42 0012134508 784 COUGAR DR 136.60 0010210607 4251 DIAMOND DR 136.76 0013229901 1519 THOMAS LANE 136.78 0011005907 1711 HICKORY HILL 136.90 0024207409 3468 GREENWOOD CT S 136.96 0024210700 1486 WOODVIEW AVE E 137.37 0011119005 4431 MALLARD CT 137.56 0012819009 4703 HIDDEN PT 137.61 0023918105 4150 MEADOWLARK WAY 138.15 0012100202 4579 MAPLE LEAF CIR 138.18 0036307908 2988 PILOT KNOB RD 138.60 0037502804 612 AUTUMN OAKS CT 138.80 0024316606 1203 TIMBERSHORE LANE 139.15 0011309408 1270 DUNBERRY LANE 139.38 0010510907 1656 HICKORY HILL 139.52 0012109500 4568 HORIZON CIR 139.76 0024315905 1193 TIMBERSHORE LANE 140.07 0025001314 3811 HEATHER DR 140.12 7 Delinquent Listing Account # Service Address Total Certification 0025710104 1490 DEERWOOD BEND $ 140.22 0036405306 1380JURDY RD 140.51 0089909090 2135 CEDAR GROVE TR 140.80 0037010808 3650 BLUE JAY WAY 141.18 0089908315 3582 SPRINGWOOD PATH 141.18 0013002100 4618 PARKRIDGE DR 141.20 0037710902 1057 KETTLE CREEK RD 141.35 0012421004 885 CURRY TR 141.59 0037814605 991 KETTLE CREEK RD 141.77 0023607609 1778 TURQUOISE TR 141.99 0023803604 3966 MICA TR 142.10 0023101702 4064 NICOLS RD 142.48 0011011202 1790 WALNUT LANE 143.03 0023912405 1770 GABBRO TR 143.45 0011714300 4353 BEAR PATH TR 143.88 0023412109 3710 BLACKHAWK RD 144.27 0011117702 1654 WOODGATE LANE 145.03 0012828604 4736 RIDGE WIND TR 145.05 0037018900 3695 FALCON WAY 145.09 0025104605 1609 BOARDWALK 145.15 0012808002 4685 ALTA PT 145.35 0012104402 1075 KIRKWOOD DR 146.40 0012208005 592 ATLANTIC HILL DR 146.73 0036233203 1611 SKYLINE PATH 146.92 0038229308 517 TYNE LANE 147.40 0024008906 1734 BLUEBILL DR 147.58 0012912309 4416 CLOVER LANE 147.76 0010407302 2019 SHALE LANE 148.17 0012910907 44538 CLOVER LANE 148.19 0023305501 2033 BLUESTONE LANE 148.24 0036147502 3130B FARNUM DR 148.55 0036105401 3363 HERITAGE LANE 148.83 0011811601 4707 BEACON HILL RD 149.69 0036145407 3220 EVERGREEN DR 151.05 0011716602 1882 DEER HILLS TR 151.70 0024465106 1459 KINGS WOOD LANE 152.26 0089909425 2159 CEDAR GROVE TR 153.83 0011100500 4442 WOO DGATE CT 153.85 0035501410 1426 SKYLINE RD 154.38 0089909060 2147 CEDAR GROVE TR 155.05 0013147608 1051 WALNUT RIDGE DR 155.22 0013137500 524 WESTON HILLS CT 156.02 0036408003 1330 TOWERVIEW RD 156.36 0010105104 2111 SHALE LANE 156.88 0023800709 1850 JADE LANE 156.93 0011512704 4273 BOULDER RIDGE PT 157.01 8 Delinquent Listing Account # Service Address Total Certification 0024000705 3786 RED ROBIN LANE $ 157.04 0025308503 1407 CUTTERS LANE 157.37 0024218000 3692 ASHBURY RD 157.54 0023700206 3901 TURQUOISE PT 158.11 0012302501 4676 RIDGE CLIFFE DR 158.60 0036506301 1046 KENNETH ST 158.76 0036608206 616 SALLY CIR 158.76 0012833406 4778 GALAXIE AVE 159.04 0036913309 3726 WINDTREE DR 159.10 0037204906 3651 GREENSBORO DR 159.58 0012712808 1846 KARIS WAY 160.35 0024215204 3456 HIGHLANDER DR 161.09 0012508602 1564B BAYLOR CT 161.34 0011010402 1797 WALNUT LANE 161.40 0024518003 3910 WESTBURY TR 161.40 0010111805 2126 QUARTZ LANE 162.07 0012632964 4408 CINNAMON RIDGE TR 162.10 0037103108 831 VENTNOR AVE 162.62 0036105617 3240 HERITAGE LANE 162.65 0036602019 3211 HWY 55 162.67 0025692906 1630 OAKBROOKE DR 162.97 0037023009 3685 CARDINAL WAY 162.97 0010508505 1647 HICKORY LANE 164.02 0012242707 4500 WHITETAIL WAY 164.18 0038230801 508 TYNE LANE 164.18 0025012600 3802 HEATHER DR 165.11 0011816303 4713 COVINGTON CIR 165.36 0011727104 4281 SUN CLIFF RD 165.64 0038237400 3694 WILLBROOK CT 166.27 0010903102 1370 SIGFRID ST E 166.29 0037809100 1087 NORTHVIEW PARK RD 166.45 0023112808 2088 OPAL DR 166.73 0024805004 1230 TANANGER CT 167.57 0024902405 1297 CRESTRIDGE LANE 167.58 0023508500 4064 MICA TR 167.70 0012618401 4515B CINNAMON RIDGE TR 167.73 0010711505 4357 DUNROVIN LANE 168.04 0025730805 2126 CEDAR GROVE TR 168.10 0013113501 4428 SUMMER CT 168.33 0038261509 928 TRAIL CT 168.78 0012905303 44736 CLOVER LANE 169.36 0025724006 1779 TALON TR 169.76 0012215406 4202 VALLEY FORGE PL 169.94 0013141106 4688 BRISTOL BLVD 170.16 0010108603 4346 DIAMOND DR 170.40 0023408701 1993 GOLD TR 170.94 9 Delinquent Listing Account # Service Address Total Certification 0024216103 3444 HIGHLANDER DR $ 170.96 0023408305 1953 GOLD TR 171.09 0036800803 3950 WORCHESTER DR 171.45 0038318903 616 CRANE CREEK LANE 171.66 0023909609 1806 TACONITE TR 171.69 0025674102 3685 ROBIN LANE 172.26 0024201600 1536 ASPEN DR 172.74 0036313609 2841 VILAS LANE 172.84 0012625703 4416 SLATER RD 172.98 0037618006 3885 CANTER GLEN LANE 173.11 0036144806 1595 RAINDROP DR 173.31 0037617107 3906 CANTER GLEN DR 173.90 0012120309 1017 WEDGWOOD LANE S 174.09 0037010303 3670 BLUE JAY WAY 174.28 0012429502 4354 BRADDOCK TR 174.74 0023202609 4177 TOPAZ DR 174.97 0012303806 4650 RIDGE CLIFFE DR 175.16 0037801503 1014 TICONDEROGA TR 175.29 0013147400 981 CONEFLOWER CT 175.41 0023701105 1798 SERPENTINE DR 175.97 0024013609 3784 GOLDEN HILL TER 176.02 0012007308 2041 PIN OAK DR 176.52 0036724409 654 HILLSIDE DR 177.20 0024301301 3650 KOLSTAD RD 177.23 0036434207 3085 SHIELDS DR 177.40 0024511800 3945 WESTBURY DR 177.56 0036304103 1477 BRIDGEVIEW AVE 177.83 0012632881 4422 CINNAMON RIDGE TR 177.87 0036405710 3205 JURDY CT S 178.25 0037121001 861 TROTTERS RIDGE 179.08 0036608800 629 SALLY CIR 179.36 0010402600 4346 JASPER DR 180.29 0012122503 1011 WEDGWOOD LANE N 180.60 0012909503 4431 CLOVER LANE 181.16 0011728904 1871 BEAR PATH TR 181.28 0024712705 1370 BERRY RIDGE RD 181.30 0012301107 4693 RIDGE CLIFFE DR 181.56 0010203008 2078 MARBLE LANE 181.72 0037502705 616 AUTUMN OAKS CT 181.72 0037808904 1075 NORTHVIEW PARK RD 181.81 0012224200 4289 TRENTON TR 182.11 0024429904 1261 WIN DCRESTAVE 182.48 0025701400 4091 OAKBROOKE ALCOVE 182.71 0012014205 2048 KINGS RD 183.91 0024312209 1182 TIMBERSHORE LANE 183.97 0023210107 2106 JADE LANE 185.20 IiE Delinquent Listing Account # Service Address Total Certification 0010915809 1236 CARLSON LAKE LANE $ 185.28 0012122107 4458 WEDGWOOD DR 185.69 0012810305 4673 TRAVERSE PT 185.95 0012825907 1860 COVINGTON LANE 186.46 0012515003 1546 CLEMSON DR 186.56 0024205601 3481 GREENWOOD CT S 187.22 0011114204 4468 JOHNNY CAKE RIDGE RD 188.39 0025112004 1600 PACIFIC AVE 188.48 0012819306 4704 HIDDEN PT 188.51 0037401700 4037 NORTHVIEW TER 189.07 0023709900 3842 COUNTRY CREEK WAY 189.25 0010704906 4326 GARDEN TR 189.44 0012800801 4722 ANNE PT 190.31 0037612702 3842 MILL RUN LANE 190.67 0011111507 1710 WOODGATE LANE 191.14 0011402104 4263 MALMO LANE N 191.43 0037117603 844 NORTHVIEW PARK RD 192.12 0024335002 3805 DENMARK AVE 192.57 0010612505 4393 PILOT KNOB RD 193.04 0037016706 1067 HUMMINGBIRD LANE 193.21 0012818308 4701 GRENADA PT 193.76 0025719501 4177 OLD SIBLEY MEM HWY 194.22 0012610200 4535 SCOTT TR 195.55 0012202206 4291 DODD RD 195.80 0023109309 2087 GARNET LANE 195.87 0036410215 899 APOLLO RD 195.89 0025105107 1629 BOARDWALK 196.17 0025111303 3569 BALTIC AVE 196.30 0023511801 3973 PUMICE LANE 196.34 0013289004 650 WOODLAND WAY 196.41 0024336208 3809 DEERCLIFF CT 196.78 0010209104 4256 DIAMOND DR 197.67 0037710209 1030 BRIAR CREEK RD 197.69 0011511706 4236 BOULDER RIDGE PT 197.89 0012031407 2012 VIENNA LANE 198.02 0024201709 1522 ASPEN DR 198.16 0012702106 4658 BAMBLE CIR 198.38 0010805406 1269 VILDMARK DR 198.46 0023406853 2125 SILVER BELL RD 198.67 0036146306 3238 EVERGREEN DR 199.30 0024404600 1690 BLACKHAWK COVE 199.84 0011724408 1894 SUNRISE CT 200.48 0023308513 3908 RAHN RD 200.78 0010108702 4352 DIAMOND DR 201.22 0010814903 4557 CLIFF RIDGE CT 201.49 0025731209 2134 CEDAR GROVE TR 201.76 is Delinquent Listing Account # Service Address Total Certification 0010507705 1627 HICKORY LANE $ 202.14 0036725604 645 HILLSIDE DR 202.31 0036404804 3171 JURDY CT N 202.73 0012838702 1933 BERKSHIRE DR 202.83 0012818407 4702 GRENADA PT 203.22 0012121802 1006 WEDGWOOD LANE N 203.44 0011801008 4657 BEACON HILL RD 203.53 0036706406 3247 RED OAK DR 204.25 0013106901 2019 SAFARI HEIGHTS TR 204.28 0013131602 605 MCFADDENS TR 204.29 0036722304 3413 ROLLING HILLS DR 204.43 0012714002 1801 COVINGTON LANE 204.61 0025660804 3565 PILOT KNOB RD 204.72 0025725300 4132 RAPTOR RD 204.75 0012633020 4396 CINNAMON RIDGE TR 205.14 0012802807 4725 LUND PT 205.18 0023810609 4018 PUMICE LANE 205.40 0012900304 1832 WALNUT LANE 205.45 0011506201 4304 KAUFMANIS WAY 205.52 0023704703 3956 TURQUOISE CIR 205.97 0036308401 1310 AVALON AVE 206.18 0013249404 1487 PINETREE TR 206.52 0037707700 1031 BRIAR CREEK RD 206.97 0012633103 4378 CINNAMON RIDGE TR 206.99 0023702004 1787 GOLD CT 207.26 0013245501 4540 MAJESTIC OAKS PL 207.50 0013144605 973 CONEFLOWER CT 207.52 0036917003 3633 WINDTREE DR 207.70 0024207706 3462 GREENWOOD CT S 207.79 0025211400 1562 BLACKHAWK LAKE DR 207.99 0036209401 1556 RED CEDAR RD 208.30 0024204505 1522 GREENWOOD CT N 208.82 0012215703 4215 VALLEY FORGE PL 209.01 0038334900 3046 POPPLER LANE 209.25 0012100707 4595 MAPLE LEAF CIR 209.49 0013167309 4701 STRATFORD LANE 209.59 0037401403 4025 NORTHVIEW TER 210.17 0036803302 3820 FAIRHAVEN RD 210.32 0037501202 4179 COUNTRYSIDE DR 210.54 0012633046 4370 CINNAMON RIDGE TR 211.19 0012624300 4429 SLATER RD 211.65 0036309508 2890 FAIRLAWN PL 212.08 0010408102 4391 ONYX DR 212.47 0012003703 1925 SAFARI TR 213.15 0012116000 1085 TIFFANY DR 213.42 0011803509 1584 LANCASTER LANE 213.67 Delinquent Listing Account # Service Address Total Certification 0023408511 1975 GOLD TR $ 214.55 0012303400 4658 RIDGE CLIFFE DR 214.65 0010600500 4255 HEINE STRASSE 214.97 0038247300 565 COVENTRY PKWY 215.08 0012009205 4725 OAK WAY 215.11 0010612414 4375 PILOT KNOB RD 215.26 0012240008 4474 WHITETAIL WAY 215.37 0012813903 4690 LENORE LANE 215.49 0012902300 4492 CLOVER LANE 215.69 0012135703 899 PARK KNOLL DR 215.86 0011809605 4660 CAMBRIDGE DR 215.99 0035501709 1432 SKYLINE RD 216.81 0023307606 2082 BLUESTONE DR E 216.82 0036146207 3236 EVERGREEN DR 219.09 0025100603 3497 ST CHARLES PL 219.53 0025011404 3820 WILLOW WAY 220.11 0011806007 4635 KINGSBURY DR 220.30 0010905107 1346 EASTER LANE 220.52 0013234109 4628 PINETREE CURVE 220.89 0038243200 511 WAVENEY CT 220.96 0012632766 4444 CINNAMON RIDGE TR 221.43 0011123700 1754 DRAKE DR 221.61 0012205506 650 ATLANTIC HILL DR 221.82 0036403707 1355 JURDY RD 221.97 0013216205 1900 RIDGECREST CIR 222.14 0013107404 2039 SAFARI HEIGHTS TR 222.93 0036723609 3449 ROLLING HILLS DR 223.16 0023505605 4058 RAHN RD 224.68 0023609308 3872 CINNABAR DR 224.80 0036710309 3301 ROLLING HILLS DR 224.99 0023811409 1830 CARNELIAN LANE 225.10 0012016614 2086 KINGS RD 225.50 0010210201 2125 MARBLE LANE 225.56 0024335903 3822 DEERCLIFF CT 225.76 0012906301 4489B CLOVER LANE 225.88 0010907806 4251 CARLSON LAKE LANE N 226.17 0012817805 4708 MARKHAM PT 226.37 0013211107 1769 BRANT CIR 226.62 0023300908 4050 DIAMOND PT 226.66 0038298600 905 HYLAND CT 228.91 0010206506 4301 AMBER DR 229.34 0024213209 3421 HIGHLANDER DR 229.40 0010707602 4353 SVENSK LANE 229.77 0023710304 3828 COUNTRY CREEK WAY 230.42 0024117004 3830RIVERTON AVE 230.52 0012307609 1649 COVINGTON LANE 230.60 13 Delinquent Listing Account # Service Address Total Certification 0023305006 2053 BLUESTONE LANE $ 231.77 0012708988 1840 NARVIK CT 231.79 0013162607 1600 WEXFORD CIR 232.15 0024325508 3729 DENMARK CT W 232.29 0036307700 2987 PILOT KNOB RD 232.30 0037808102 1000 BOSTON HILL RD 232.36 0010900702 1376 BALSAM ST E 232.41 0024406001 3684 BIRCHPOND PL 232.42 0012205209 670 ATLANTIC HILL DR 232.52 0024519001 1166 WESTBURY KNOLL 232.53 0037020906 3683 CANARY WAY 232.64 0012239208 4483 WHITETAIL WAY 232.81 0010700508 4374 GARDEN TR 233.20 0025730904 2128 CEDAR GROVE TR 233.36 0036722403 3417 ROLLING HILLS DR 234.40 0012631503 4467 CINNAMON RIDGE CIR 234.54 0038208005 4161 COUNTRYVIEW DR 234.63 0025208109 1595 BLACKHAWK LAKE DR 234.64 0012107504 1120 GABBERT CIR 234.81 0024561201 3861 WESTBURY LANE 235.33 0011122306 4366 WOODGATE LANE N 235.42 0037015104 3632 FALCON WAY 235.61 0012906707 4495 CLOVER LANE 235.87 0010307205 2042 CORAL LANE 236.51 0037020104 3680 FALCON WAY 236.86 0011743804 1885 DEER HILLS TR 237.09 0012623302 4548 CINNAMON RIDGE TR 237.11 0023901002 1850 KATHRYN CIR 237.31 0024333809 3866 DENMARK AVE 237.35 0011719804 4297 SUNRISE RD 237.63 0025203100 1406 BLACKHAWK LAKE DR 237.85 0013103007 643 CRIMSON LEAF TR 237.96 0011717105 1876 DEER HILLS TR 238.10 0012632857 4428 CINNAMON RIDGE TR 238.20 0023702509 1776 SERPENTINE DR 238.27 0013221908 538 MAJESTIC OAKS CT 238.56 0011122900 4383 WOODGATE LANE N 239.56 0037817509 983 STONY POINT RD 240.26 0025730003 2110 CEDAR GROVE TR 240.28 0025310988 1446 ROCKY LANE 241.37 0036712701 3306 ROLLING HILLS DR 241.98 0036310704 2950 BURNSIDE AVE 243.07 0013175005 683 CRIMSON LEAF TR 244.07 0012306809 4676 PENKWE WAY 244.19 0023511900 3967 PUMICE LANE 244.53 0012628202 4461 SLATER RD 245.41 14 Delinquent Listing Account # Service Address Total Certification 0012221701 4292 TRENTON TR $ 246.80 0012645305 4813 WHISPERING CT 246.95 0023106909 4144 DIAMOND DR 247.63 0012622403 4576 CINNAMON RIDGE TR 247.95 0023304108 2101 CARNELIAN LANE 247.98 0013230404 1508 THOMAS LANE 248.07 0013197306 4906 RUSTEN RD 248.09 0025651308 3731 BROWN BEAR TR 248.11 0012601803 4471 SCOTT TR 248.33 0089909475 3971 CEDAR GROVE LANE 250.21 0023304009 2097 CARNELIAN LANE 251.48 0010409407 4344 SANDSTONE DR 252.14 0013264700 4410 WOODGATE COVE 252.31 0037801909 1006 TICONDEROGA TR 252.57 0024213407 3425 HIGHLANDER DR 253.41 0025633702 1863 RUBY CT N 253.60 0012246401 4346 YORKTOWN DR 253.88 0023807001 1847 TACONITE TR 253.95 0012223806 4282 VALLEY FORGE PL 254.57 0011900503 4847 SHEVLIN CT 255.37 0012266508 4482 OAK POND RD 255.91 0012837803 4736 BERKSHIRE WAY 256.69 0010901502 4296 SVENSK LANE 256.85 0023510902 3979 MICA TR 257.08 0023408719 1995 GOLD TR 257.39 0011716313 4300 BLACKHAWK RD 257.69 0013018007 4680 PARKRIDGE DR 257.90 0010311405 2090 DIFFLEY RD 258.37 0036804003 3887 WORCHESTER DR 258.69 0012840609 1934 BERKSHIRE DR 258.99 0024339103 3780 DREXELCT 259.17 0025202201 1523 LAKEVIEW CURVE 259.22 0013107305 2035 SAFARI HEIGHTS TR 259.37 0011602406 1850 BEECHER DR 259.45 0036702702 3262 BLACK OAK DR 259.96 0013211503 1785 BRANT CIR 260.00 0011103108 4463 WOODGATE CT 260.07 0023309107 1941 TURQUOISE TR 260.44 0012633400 4725 OAK CLIFF DR 261.67 0012606901 2094 CLIFFHILL LANE 261.70 0011701802 1977 BADGER CT 261.74 0010606101 4343 SEQUOIA DR 261.89 0012036505 2096 ROYALE CT 262.08 0023102304 4084 DIAMOND DR 262.11 0037102308 4087 VERMONT AVE 262.22 0025718909 1827 JOURDAN'CT 263.10 15 Delinquent Listing Account # Service Address Total Certification 0012603106 2099 CLIFFVIEW DR $ 265.18 0013016308 4677 PARKRIDGE DR 265.22 0023913106 4007 BLACKHAWK RD 265.60 0037715307 959 SAVANNAH RD 265.88 0023906803 1818 BLUESTONE DR E 265.90 0023101207 4112 NICOLS RD 266.39 0036406015 3206 JURDY CT S 268.27 0012826806 4742 PONDVIEW DR 269.26 0012022901 1964 SAFARI TR 269.31 0012462008 4392 HAMILTON DR 269.34 0024521304 3912 WESTBURY WAY 269.62 0035501204 1534 LONE OAK RD 269.71 0010902302 1355 BALSAM ST E 269.72 0011804101 1563 LANCASTER LANE 270.40 0010301703 4265 LIMESTONE DR 270.43 0013237706 907 OAKWOOD HEIGHTS CIR 270.54 0024304305 3691 DENMARK AVE 270.60 0012013603 2060 KINGS RD 271.16 0010300200 4266 AMBER DR 271.36 0036300218 1420 SKYLINE RD 271.54 0036504900 1061 KENNETH ST 271.78 0012313706 4607 PENKWE WAY 271.93 0025603705 1434 APPALOOSA TR 272.43 0025745407 4008 CEDAR GROVE LANE 272.49 0013134804 4269 ROSEMARY CT 273.58 0023508807 4046 MICA TR 273.92 0012711305 4611 LENORE LANE 274.01 0013246707 1517 COVINGTON LANE 274.29 0024601106 3560 WIDGEON WAY 275.20 0012808804 1757 KARIS WAY 275.35 0036115301 1654 DONALD CT 275.42 0010201200 2073 QUARTZ LANE 275.85 0010310605 2063 CORAL LANE 276.06 0013173604 4865 FOUR SEASONS DR 276.19 0036607505 645 RITA CT 276.25 0024606501 1179 KITTIWAKE CIR 277.45 0024223406 3648 ASH BURY RD 277.82 0036817302 700 HAVENHILL RD 278.76 0013192000 535 WHITE PINE WAY 278.94 0025222803 1559 LAKEVIEW CURVE 279.07 0013122502 4392 TOFTE LANE 280.70 0010105609 2091 SHALE LANE 280.79 0023509003 4059 OLIVINE DR 281.89 0011908605 1623 NORWOOD DR 281.89 0037718509 1034 SAVANNAH RD 282.12 0013015607 4659 PARKRIDGE DR 282.49 am Delinquent Listing Account # Service Address Total Certification 0037510401 4086 FOXMOORE CT $ 282.54 0010803906 1353 WILDERNESS RUN DR 283.29 0010806008 1289 VILDMARK DR 284.31 0013152509 554 HAWTHORNE WOODS DR 284.70 0012436101 4452 HAMILTON DR 284.79 0010701001 4395 GARDEN TR 285.51 0012631602 4469 CINNAMON RIDGE CIR 285.77 0012245205 4371 YORKTOWN DR 286.63 0023607906 3957 PERIDOT PATH 287.14 0024511909 3951 WESTBURY DR 287.16 0037611001 757 MILL RUN CIR 287.55 0023609407 3856 CINNABAR DR 289.13 0024324501 3757 DENMARK TR W 289.87 0036605301 3320 ROLL LANE 290.12 0011803707 4613 CAMBRIDGE DR 291.05 0013206909 4304 PINTAIL CT 291.30 0024465908 1434 KINGS WOOD RD 291.74 0011120409 4422 WOODGATE PT 292.65 0011406600 4300 DUNROVIN LANE 293.19 0024514903 3805 WESTBURY LANE 293.21 0012460903 4403 HAMILTON DR 293.29 0037118700 801 TROTTERS RIDGE 293.37 0036503506 2837 LEXINGTON AVE S 293.91 0025653205 3681 ROBIN LANE 294.64 0012247300 4250 AUGUSTA LANE 297.17 0023112006 2060 EMERALD LANE 297.22 0012212007 4539 HAY LAKE RD S 297.37 0036107605 3318 DONALD AVE 298.10 0011727609 1900 BEAR PATH TR 298.60 0012625406 4403 SLATER RD 299.28 0012605507 2115 CLIFFHILL LANE 299.31 0010303303 4253 JASPER DR 300.54 0011717204 4235 SUNRISE RD 302.39 0012305702 4708 PENKWE CIR 302.48 0038298709 906 HYLAN D CT 304.20 0023105109 2100 GARNET LANE 304.20 0024004806 1750 FLAMINGO DR 304.24 0012018305 2148 NANCY CIR 304.84 0024228207 3613 ASHBURY RD 305.10 0012608808 4550 SCOTT TR 305.76 0012280954 4505 HAY LAKE RD S 305.78 0023918501 4142 MEADOWLARK WAY 306.10 0012004909 4842 SAFARI PASS 306.32 0025212606 3808 BLACKHAWK RIDGE PL 306.34 0038012209 3761 BAYBERRY LANE 308.09 0011704509 1961 TIMBER WOLF TR N 309.58 17 Delinquent Listing Account # Service Address Total Certification 0010705408 1348 COSMOS LANE $ 309.60 0013184403 4576 LENORE LANE 310.43 0010612307 4321 PILOT KNOB RD 310.64 0037005303 886 WESCOTT TR 310.72 0023607302 3948 CINNABAR DR 311.07 0012101903 4593 CANTEBURY CIR 311.23 0013189105 4808 WESTON HILLS DR 311.35 0013008008 1466 RICHARDS CT 311.55 0023112402 2106 OPAL DR 312.27 0025505504 1561 JOHNNY CAKE ALCOVE 312.47 0036605707 3325 WREN LANE 312.72 0011721206 4294 BEAVER DAM RD 312.77 0012305504 4722 PENKWE CIR 313.95 0011624905 4631 TAMIE AVE 314.31 0036112589 3147 FARNUM DR 314.36 0023418601 3710 KNOLL RIDGE DR 315.83 0010611309 1439 HEMLOCK CIR 316.49 0025205907 1509 BLACKHAWK RIDGE WAY 317.83 0023406721 2113 WUTHERING HEIGHTS RD 318.69 0038301701 842 GOVERN CIR 319.02 0025703901 1570 OAKBROOKE TER 319.61 0012228003 4310 TRENTON TR 319.62 0025728205 1724 TALON TR 321.56 0012708707 4759 NARVIK DR 321.79 0013193909 2207 MARILYN AVE 322.08 0013178603 1005 TRILLIUM CT 322.78 0011126703 4310 WOODGATE LANE N 323.02 0011726908 4291 SUN CLIFF RD 323.28 0024715104 1355 CHATTERTON RD 323.48 0012280970 4513 HAY LAKE RD S 325.01 0037607207 661 BRIDLE RIDGE RD 326.37 0011704707 1969 TIMBER WOLF TR N 327.60 0089907100 1712 TERRA GLENN CT 327.90 0036500106 1299 EAGAN INDUSTRIAL RD 334.37 0010910909 1219 BALSAM TR E 334.46 0012016101 2062 VIBURNUM TR 336.63 0037102902 4107 STATES AVE 337.25 0013245204 4528 MAJESTIC OAKS PL 339.29 0038311502 497 CHAPEL CT 341.12 0025649203 1844 DEER POND CIR 343.54 0010514404 1677 HICKORY HILL 349.16 0037904208 3673 WESCOTT HILLS DR 349.23 0038257903 3551 WOODLAND TR 349.26 0089908455 654 PARKSIDE CT 349.42 0011716909 1880 DEER HILLS TR 349.46 0013127808 4321 DORCHESTER CT 349.76 18 Delinquent Listing Account # Service Address Total Certification 0012232807 774 YORKTOWN PL $ 351.58 0012280673 659 OVERHILL RD 354.77 0013284104 551 CAYLIN CT 357.63 0025007105 3837 HEATHER DR 357.84 0024215105 3454 HIGHLANDER DR 358.05 0038310405 512 CHAPEL CT 358.69 0012022802 1966 SAFARI TR 360.32 0011817806 4712 COVINGTON CT 363.01 0013149703 4331 JENNIFER CT 367.41 0023912603 1766 GABBRO TR 367.87 0012205001 745 GOLDEN MEADOW RD 370.05 0038010005 3770 LINDEN LANE 370.87 0013145503 997 WILDFLOWER CT 377.67 0037116902 4036 PENNSYLVANIA AVE 379.90 0010701704 1384 AMARYLLIS LANE 380.07 0012838306 4717 BERKSHIRE CT 381.94 0037105103 4188 READING 382.64 0010603108 4233 SEQUOIA DR 388.18 0025694803 4141 OAKBROOKE CURVE 389.64 0012223301 4279 VALLEY FORGE PL 393.74 0012911509 4448 CLOVER LANE 394.22 0012624201 4431 SLATER RD 394.73 0012605408 2119 CLIFFHILL LANE 394.86 0023507700 4034 BERYL RD 396.79 0013264908 4413 WOODGATE COVE 411.27 0011125507 4354 WOOD DUCK CIR 412.68 0012403408 4585 LAKE PARK DR 414.99 0036813806 4017 STONEBRIDGE DR S 415.84 0013120605 4755 CYPRESS PT 419.34 0037708005 1043 BRIAR CREEK RD 423.05 0024314700 1173 TIMBERSHORE LANE 432.43 0025668906 1685 DONEGAL CT 436.89 0035501808 1436 SKYLINE RD 444.33 0037203007 3795 GREENSBORO DR 449.17 0013139100 4691 BRISTOL BLVD 450.28 0011723608 1885 SUNRISE CT 451.92 0036202604 2954 SIBLEY MEMORIAL HWY 460.61 0012318309 4616 1/2 RIDGE CLIFFE DR 463.10 0024321200 1277 TIMBERSHORE LANE 467.54 0011005204 1721 HICKORY HILL 468.16 0011737509 4281 FOX RIDGE RD 469.19 0025310202 1432 CUTTERS LANE 483.59 0023410509 3659 KENNEBEC DR 485.09 0036512101 1061 KEEFE ST 492.07 0010900504 1384 BALSAM ST E 505.00 0025305004 4002 DEERWOOD TR 508.56 WE Delinquent Listing Account # Service Address Total Certification 0024204406 1524 GREENWOOD CT N $ 509.79 0023909807 1798 TACONITE TR 516.65 0013146105 976 WILDFLOWER CT 524.53 0023410111 3645 KENNEBEC DR 530.86 0037814407 983 KETTLE CREEK RD 547.30 0011707502 1971 TIMBER WOLF TR S 567.56 0012022208 1989 SAFARI TR 568.49 0024406308 1655 BLACKHAWK COVE 580.38 0013137104 540 WESTON HILLS CT 592.09 0038268801 822 BEAR PAW TR 608.26 0012625000 4411 SLATER RD 621.22 0036107209 3302 DONALD AVE 631.76 0010906501 1395 SIGFRID ST E 631.92 0037001104 3583 BLUE JAY WAY 668.69 0023902000 4106 BLACKHAWK RD 751.14 0010712800 1269 WILDERNESS RUN RD 900.74 0010100105 4206 NICOLS RD 1,162.40 0038272803 1288 PROMENADE PL 1,612.06 0025717703 3445 OLEARY LANE 1,991.60 0011622560 4530 GREENLEAF DR E 50.00 0023710205 3830 COUNTRY CREEK WAY 51.01 0012031209 2016 VIENNA LANE 51.87 0089910485 1447 WELLINGTON WAY 52.12 0025729500 2100 CEDAR GROVE TR 52.27 0024710709 4147 BLUEBERRY LANE 52.56 0012617106 4505 CINNAMON RIDGE TR 53.27 0023306509 2030 BLUESTONE LANE 54.19 0024903502 3610 DENMARK AVE 55.03 0013169107 504 WESTON HILLS PL 55.17 0024805004 1230 TANANGER CT 56.07 0011716701 1884 DEER HILLS TR 56.09 0024211500 1477 WOODVIEW AVE E 56.63 0023915705 1769 GABBRO TR 57.38 0023420706 3754 ROBIN LANE 58.95 0012220802 860 ROGERS CT 59.45 0013237805 909 OAKWOOD HEIGHTS CIR 59.61 0013017207 4695 PARKRIDGE DR 60.36 0036408201 1386 LONE OAK RD 61.80 0036503506 2837 LEXINGTON AVE S 62.10 0024313108 1168 TIMBERSHORE LANE 63.82 0012615407 4484B CINNAMON RIDGE TR 64.69 0013269501 1669 MARINA LANE 65.46 0011715208 1968 SHALE LANE 66.72 0036205706 1538 LONE OAK RD 69.22 0024113508 3858 PALISADE WAY 72.92 0023916406 4186 SOUTH .MEADOWLARK RD 76.87 20 Delinquent Listing Account # Service Address Total Certification 0036143303 3213 EVERGREEN DR $ 79.00 0012629804 4415 CINNAMON RIDGE CIR 85.00 0024904104 1264 DUCKWOOD DR 87.02 0012622908 4560 CINNAMON RIDGE TR 88.05 0012632907 4418 CINNAMON RIDGE TR 90.28 0010103703 4321 DIAMOND DR 93.13 0025636705 1738 DEERWOOD DR 97.26 0023302003 2132 CARNELIAN LANE 97.80 0036309409 2875 FAIRLAWN PL 102.97 0023923204 4129 MEADOWLARK PT 112.31 0012708103 4755 FLORA DR 116.36 0023103401 2178 GARNET PT 118.32 0012909404 4429 CLOVER LANE 120.38 0011901303 4801 SHEVLIN CT 123.65 0012801106 4704 ANNE PT 124.48 0012515300 1552 CLEMSON DR 125.49 0011900206 1690 SHERWOOD WAY 129.50 0013289004 650 WOODLAND WAY 135.05 0012225009 4321 TRENTON TR 135.83 0023507106 1928 TURQUOISE TR 136.40 0010105104 2111 SHALE LANE 144.04 0036300101 1410 SKYLINE RD 148.60 0011302700 1374 LAKESIDE CIR 153.17 0010400505 2002 DIFFLEY RD 158.87 0011705209 1983 TIMBER WOLF TR N 165.44 0012609202 4563 SCOTT TR 171.37 0013152608 550 HAWTHORNE WOODS DR 172.38 0013274105 1625 LENA CT 172.61 0010205409 2069 MARBLE LANE 189.38 0011112406 4440 JOHNNY CAKE RIDGE RD 193.98 0010511202 1650 HICKORY HILL 202.45 0025675307 1737 SKATER DR 212.46 0011812708 4751 BEACON HILL RD 261.34 0012500104 1504 AUBURN CT 297.97 0013274204 1625 LENA CT IRR 298.95 0012243101 4352 GOLDEN MEADOW CT 298.98 0012627006 4468 SLATER RD 334.39 0013179601 965 TRILLIUM CT 448.15 0012907804 4405 CLOVER LANE 886.48 TOTAL $ 188,188.40 Accounts Assessed 959 21 Agenda Information Memo September 1, 2015, Eagan City Council Meeting PUBLIC HEARING C. Certify delinquent nuisance abatement bills Action To Be Considered: To close the public hearing and approve the final assessment roll for delinquent nuisance abatement bills and authorize its certification to Dakota County. Facts: ➢ The City Code allows for collection of delinquent nuisance abatement bills through certification to property taxes. Nuisance abatement bills include fees for false alarm calls, mowing and noxious weed removal, refuse removal and diseased tree removal. ➢ At the August 3, 2015 City Council meeting, a public hearing was scheduled for the September 1, 2015 City Council meeting. ➢ The City has one property with delinquent false alarm invoices. Alarm users receive three free false alarms per year and are charged $100 for the fourth and each subsequent alarm. Unpaid fees are charged an additional 10 percent late fee. ➢ The city has six properties with delinquent invoices for mowing and noxious weed removal. Three of these properties have recently been in the foreclosure process. ➢ Two diseased tree removals are included in the proposed assessment roll. The property owners signed a waiver agreeing not to appeal the assessment. In exchange for signing the waiver, the City extended the assessment repayment period from the typical one-year term to a five-year term and waived the $25 certification fee. ➢ The assessable amount of the delinquent invoices is $6,465.63. The City will accept payment for any portion of the assessment free of interest charges for a period of 30 days, beginning September 2. If the assessment is paid after the interest-free period, interest at 4% from September 1, 2015 to December 31, 2016 will be added to the principal amount due. The length of the assessment is one year (except for the diseased tree removal noted above). Unpaid balances will be collected with the 2016 property taxes. ➢ All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and the proposed assessments. Attachments: (1) PHC-1 Proposed Assessment Roll Ln v m m 3 Y i C = t R a L J>O w O V a� O o M a L >✓ r M Y Y U in N D U M O N O r -I r1 l0 N LPI m m m O Ln n m N o > > 3 N O O O N r -I m m WLJ , O N N O L L Cy W C w d0 w0A 0A 0A m .3 .3 a� N N O O 0000 41 O O Ln O O M O Ln O = O O N O O Lq LD N O d Ln Ln N N N Ct I-, N Ln 76E r, I\ d'-' ' l0 --I d' N 4+ y N Ln N N N N M N r -I 0 d M -(n V). V). in V). V). to r -I N a ac c 0 0 0 0 0 0 0 0 0 Ln 0 0 0 0 0 0 0 0 0 C r O O O Lf Ln Ln Ln Ln Ln Ln N Ln N N N N N N N E V (/? in tP? i/} i/? to to ri ;+= LL L U ®J cc s N 0 0 Ln 4.0 N O CL 3 Ln Ln r-.� I� r� 01 N I-� O A p I� � r -i 00 00 m rn rt O ®V) N M Ln t/} N�i to i/} r-1 i/} N tP>• N to N tP)• r l L < 'n f1 C 67 7 0 0 0 0 0 0 r -I r -I O M N � 00 0) I� M rl r1 N ri O O O O O r -L O O N O r -I N r -I M d' N r-1 or -10000000 0 0 O m 0 0 O O M N Ln 00 O O O M M O N r1 m co d' Ln d' O r- �o 00 L.o ri Lo r -I w d' Ln r1 0 0 0 0 0 0 0 0 0 r1 r l r -I r1 r -I r -I e -I rl r1 m 3 Y i Ln = t R a L J>O w O V a� O o M a L >✓ Y Y U in N D U M O N O r -I r1 l0 N LPI m m m O Ln n m N O �rHmwmmrllw N dt Ct ri r -I m m Agenda Information Memo September 1, 2015, Eagan City Council Meeting NEW BUSINESS A. Conditional Use Permit— LeMay Lake Apartments Action To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) a Conditional Use Permit to allow an increase of impervious surface coverage in a Shoreland Overlay District of LeMay Lake, upon property located at 3005 Eagandale Place, subject to the conditions listed in the APC minutes. Required Vote For Approval: ➢ Majority of Councilmembers present Facts: ➢ The applicant is proposing a new clubhouse building and associated site improvements in the central portion of the site, in the area of the swimming pool. ➢ The proposed new building will provide shared amenity spaces for residents, and staff offices. Associated site improvements include parking, accessibility improvements, sidewalks, a new playground, patio and firepit. ➢ The proposal results in a net increase in impervious coverage of 6,536 s.f., an approximate increase of 0.6%. ➢ The site is approximately 15.4 acres and is located in the Shoreland Overlay District of LeMay Lake. ➢ Shoreland zoning standards limit impervious coverage to 25% of the lot area. ➢ The apartment development predated the adoption of the Shoreland Zoning Ordinance, and existing impervious coverage is approximately 40%. ➢ Shoreland Zoning allows for an increase in impervious coverage with a Conditional Use Permit. ➢ The plans include mitigative measures to manage and treat stormwater runoff from the increased impervious surface. Water Resources staff have reviewed the plans and found them to be acceptable. ➢ The Advisory Planning Commission held a public hearing on August 25, 2015, and did recommend approval. Issues: One item of public correspondence was received and is included in the report exhibits. 60 -Day Agency Action Deadline: ➢ September 13, 2015 Attachments: (4) NBA -1 Location Map NBA -2 Draft August 25, 2015 APC Minutes NBA -3 Planning Report NBA -4 Report Exhibits E CL a. 0 0 LO E c 6.29 V M E06 M 0 x - Z ;,; 6 z 0. w MMVNI C06 LL C4 M IR 0 (L CO IL 0 r_ imp. 10 C06 Advisory Planning Commission August 25, 2015 Page 2 of 15 IV. PUBLIC HEARING New Business A. LeMay Lake Apartments Applicant Name: LeMay Lake Apartments, Mandel Group, Inc. Location: 3005 Eagandale Place Application: Conditional Use Permit File Number: 10 -CU -05-07-15 Planner Pamela Dudziak introduced this item and highlighted the information presented in the City Staff report dated August 19, 2015. Griffin Jameson, on behalf of the applicant, was available for questions. Chair Filipi opened the public hearing. Mike Tierney, 3055 Poppler Lane, asked about the location of the improvement and stated his concern with further impact to LeMay Lake. There being no further public comment, Chair Filipi closed the public hearing and turned the discussion back to the Commission. Staff provided information regarding the location of the improvement and that no additional run- off will enter LeMay Lake. Member Vanderpoel asked about ongoing maintenance of the proposed raingardens. The applicant and staff confirmed maintenance agreements would be executed requiring the on- going maintenance and upkeep of the raingardens. Member Piper moved, Member Sagstetter seconded a motion to recommend approval to allow an increase of impervious surface coverage in the Shoreland Overlay District, subject to the following conditions: This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council with the following exhibit: • Site Plan dated July 15, 2015 • Landscape Plan dated July 15, 2015 2. Prior to receiving city approval to permit land disturbing activity: a. The property owner shall enter into a long-term stormwater management system maintenance agreement with the City, detailing the inspection and maintenance required to occur to ensure proper operation and performance of the permanent stormwater management system, in a form acceptable to the City Attorney. This Agreement shall be filed in the property records with Dakota County Recorder's Office, at the applicant's expense. Advisory Planning Commission August 25, 2015 Page 3 of 15 b. The applicant shall provide the City with soil boring logs from a minimum of two soil - borings within any proposed infiltration area, extending a minimum of 10' below the bottom of the proposed infiltration feature, to evaluate and ensure suitability for infiltration. If the soil boring logs indicate incompatibility of existing sub -soil permeability with the submitted and reviewed design plans for meeting stormwater retention/mitigation requirements, the applicant shall revise the design and/or construction plans (e.g. over-excavation/soil-amendment depth, etc.) to ensure requirements are fully met. c. The applicant shall provide construction details of proposed infiltration basins for City review/acceptance by the City Engineer and include in construction plans. Construction details shall include infiltration basin cross-section(s), construction sequencing/protection/restoration notes, sizing/volume tables, details for stable inlets/outlets/emergency overflows, pre-treatment features, soil amendment criteria, live planting/seeding/temporary & permanent erosion -control details, etc., to ensure infiltration practice is properly designed, constructed, planted, and adequately protected during / after construction to prevent clogging, and able to be properly maintained to function as intended. These graphical details and notes shall be prominently included in all applicable plan sheets (e.g. Grading, Utility, Landscape Plan sheets, etc.).. d. The property owner shall provide clear assurances to the City that by final grading, prior to installation of any irrigation and plantings, the disturbed areas that are to be revegetated shall have protected and/or restored soil permeability to non -compacted soil conditions to a 12 -inch depth with no less than 5% soil organic matter content, to comply with impervious mitigation requirements. 3. During infiltration practice over -excavation and sub -soil work, the applicant shall ensure that a Certified Soil Scientist will be present to verify and document that for each infiltration practice area sub -soils are suitable for a saturated condition infiltration rate of 1 -inch per hour or greater (but less than 8:0 -inch per hour). If the sub -soil infiltration rates are less than 1 -inch per hour (or greater than 8.0 -inch per hour), the applicant shall immediately notify the City Engineer and revise the volume control practice(s) as necessary (e.g. over-excavation/soil-amendment depth, etc.) to ensure volume control requirements are fully met. At completion of final grading within each surface infiltration basin, but prior to planting, the applicant shall ensure that a soil scientist will be present to verify and document that the infiltration practice is suitable to infiltrate a minimum of 1 - inch per hour or greater in saturated conditions. Documentation shall be provided to the City within 48 -hours after infiltration testing. The applicant shall provide the City Water Resources staff with 24-hour advance notice of the occurrence of infiltration verifications and also prior to any soil backfilling within any of the infiltration practices. All voted in favor. Motion carried 7-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: August 19, 2015 APPLICANT: LeMay Lake Apartments Mandel Group, Inc. CASE: 10 -CU -05-07-15 HEARING DATE: August 25, 2015 PROPERTY OWNER: LeMay Lake Apts. APPLICATION DATE: July 15, 2015 LeMay Lake Equity, LLC REQUEST: Conditional Use Permit LOCATION: 3005 Eagandale Place PREPARED BY: Pamela Dudziak COMPREHENSIVE PLAN: HD, High Density Residential ZONING: R-4, Residential Multiple SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to allow an increase of impervious surface coverage in the Shoreland Overlay District of LeMay Lake, upon property located at 3005 Eagandale Place, legally described as Lot 1, Block 2, LeMay Lake Equity LLC. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property Planning Report — Lemay Lake Apartments August 25, 2015 Paae 2 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/IIISTORY The property was platted in 1985 and the LeMay Lake Apartments complex was developed in 1986. The development consists of three apartment buildings with associated parking and a centrally located in -ground swimming pool for use by apartment residents. The City's first Water Quality Management Plan was adopted in 1990, subsequent to the site development. Thus, water quality standards did not previously apply to this development. The subject property is within the Shoreland Overlay District of LeMay Lake (DNR #19-0055), classified as L2 — Fishing, Canoeing and ranked as Eagan's sixth priority lake, according to the current Water Quality and Wetland Management Plan (2007). In 2014, the Minnesota Pollution Control Agency listed LeMay Lake as impaired because it does not meet standards for aquatic recreation due to excessive levels of phosphorus. The development drains directly to the lake via existing storm sewer. Planning Report — Lemay Lake Apartments August 25, 2015 Paee 3 EXISTING CONDITIONS The property is located on the north side of LeMay Lake. Access to the site is from Eagandale Place to the east and Lone Oak Road to the north. Private streets provide internal circulation. Existing Conditions — The existing apartment buildings and pool were constructed with development of the 15.04 -acre site, starting in 1986. The building is connected to City sewer and water services. Standard drainage and utility easements are located around the property, and over public utilities through the property. Driveways are located onto both Lone Oak Road (CSAH 26) to the north, and Eagandale Place to the east. LeMay Lake is located directly to the south. The majority of the site drainage is connected to the public stormwater system along Eagandale Place, discharging into the northeast corner of the lake, with one parking lot area in the southwest corner of the lot discharging through a private stormwater pipe directly into LeMay Lake. The existing impervious coverage of the site is approximately 40%, which exceeds the maximum allowable coverage of 25% in a Shoreland Overlay District, according to City Code § 11.65. However, the existing site was built prior to the adoption of §11.65. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Proposal/Site Plan — The applicant is proposing to construct a new 4,500 s.f. clubhouse and site improvements in the area near the existing swimming pool. The new clubhouse will provide shared amenity spaces for apartment residents including a community lodge room, fitness center, pet wash station, conference rooms, site staff offices and pool changing rooms. The site improvements include a new playground, patio and outdoor fire pit, new on -street and accessible parking, new sidewalks, landscaping and a bike rack, resulting in a net increase in impervious surface. A new rain garden is proposed for stormwater management associated with the increased impervious coverage. Existing Use Zoning Land Use Designation North Office RD, Research & Development BP, Business Park South LeMay Lake N/A N/A East Residence Inn/ office/retail NB, Neighborhood Business; PD, Planned Development RC, Retail Commercial; O/S, Office/Service West Single -Family Residential R- 1, Single -Family Residential LD, Low Density Residential EVALUATION OF REQUEST Proposal/Site Plan — The applicant is proposing to construct a new 4,500 s.f. clubhouse and site improvements in the area near the existing swimming pool. The new clubhouse will provide shared amenity spaces for apartment residents including a community lodge room, fitness center, pet wash station, conference rooms, site staff offices and pool changing rooms. The site improvements include a new playground, patio and outdoor fire pit, new on -street and accessible parking, new sidewalks, landscaping and a bike rack, resulting in a net increase in impervious surface. A new rain garden is proposed for stormwater management associated with the increased impervious coverage. Planning Report — Lemay Lake Apartments August 25, 2015 Page 4 Code Requirements — Eagan City Code (§ 11.65 — Shoreland Overlay District) stipulates that impervious coverage must not exceed 25% of the lot within the Shoreland Overlay District. However, the Code does allow for an increase in the impervious area provided the City has: 1) issued a Conditional Use Permit permitting an increase in impervious coverage; 2) approved and implemented a community -wide stormwater management plan affecting the subject site; and 3) required the necessary water quality mitigation features to meet non -degradation standards for phosphorus for the nearest downstream recreational waterbody. In addition, the general CUP standards listed at the beginning of this report are applicable to the evaluation of this request. Impervious Surface — For multi -family developments, Shoreland Zoning limits impervious coverage to 25% of the site area. Existing impervious coverage is approximately 40%. The proposed construction results in a net increase in impervious coverage of 6,536 s.f. As a result, the applicant is requesting approval of a CUP and proposes installation of two infiltration basins (i.e., rain gardens) to provide stormwater management for the increased impervious coverage. Landscaping/Tree Preservation — Five existing trees in the construction area are proposed to be removed. Given the limited area of disturbance relative to the size of the property, tree preservation ordinance does not apply. The project includes installation of new landscaping around the clubhouse and swimming pool which includes 7 new shade trees, 13 ornamental trees, and a variety of shrubs and perennials around the new building and patio areas. 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. Streets/Access/Circulation — Public street access will remain unchanged at the two existing locations onto Lone Oak Road (CSAH 26) and Eagandale Place. Pedestrian circulation is provided by trails and sidewalks within the site, as well as along both sides of Lone Oak Road. The development does not propose any modifications to the existing pedestrian facilities. Wetlands — Because there are no wetlands on site, City Code § 11.67, Wetland Protection and Management Regulations, does not apply. Stormwater/Shoreland Overlay District — Because the project proposes to add 6,536 square feet of impervious (less than 10,000 square feet), City Code §4.34's Post -Construction Stormwater Requirements do not apply to this project. Through the Conditional Use Permit, however, the City may impose conditions to mitigate impacts associated with proposed increased impervious surfaces. Ideally, such conditions would result in no additional stormwater impact to LeMay Lake from this site. Planning Report - Lemay Lake Apartments August 25, 2015 Paize 5 Thus, the proposed project should provide stormwater retention volume to capture the equivalent of a 1%, 24-hour storm event (7.47) for the additional impervious surface area (6,536 square feet), resulting in the required retention of 4,069 cubic feet of stormwater on the site. Mitigative Measures — The applicant proposes to meet the Shoreland Overlay District impervious surface mitigation requirement by constructing two surface infiltration basins on the site, with a total retention volume of 4,231 cubic feet. Eagan Water Resources staff has reviewed the applicant's plans, stormwater design summary and modeling provided for stormwater management and finds the proposed plans to meet the stormwater mitigation requirement and are acceptable with conditions to ensure infiltration capacity and capability, stable inlets/outlets, effective pre-treatment, effective soil remediation to restore soil permeability (on all disturbed soils that are to be revegetated), effective construction techniques, staging and oversight, and future maintenance for continued function. Recommended conditions in this regard are included in the Action To Be Considered section at the end of this report. Minnesota DNR — Notice of the proposed CUP was sent to the DNR as required. To date, the DNR has not provided comment. Financial Obligation — At this time, there are no pending assessments on the parcel. SUMMARY/CONCLUSION In summary, the owner is requesting a Conditional Use Permit to allow a net increase in impervious coverage upon property located at 3005 Eagandale Place. The site is located within the Shoreland Overlay District of LeMay Lake, within which a maximum impervious surface coverage ratio of 25% applies. Because the development of the apartment complex predates that ordinance, existing impervious coverage is approximately 40%. LeMay Lake Apartments is proposing a new clubhouse and make other improvements around the swimming pool area that is centrally located within the complex. The proposed new clubhouse includes shared amenities for residents such as a community lodge room, fitness center, pet wash station, conference rooms, site staff offices and pool changing rooms. Associated site improvements to the site include accessible parking, sidewalks and a new play area. The proposed improvements result in a net increase in impervious surface. The plans include mitigative measures to manage and treat stormwater runoff from the increased impervious surface. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to allow an increase of impervious surface coverage in a Shoreland Overlay District of LeMay Lake, upon property located at 3005 Eagandale Place, legally described as Lot 1, Block 2, LeMay Lake Equity LLC. Planning Report — Lemay Lake Apartments August 25, 2015 Pase 6 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 with the following exhibit: • Site Plan dated July 15, 2015 • Landscape Plan dated July 15, 2015 2. Prior to receiving city approval to permit land disturbing activity: a. The property owner shall enter into a long-term stormwater management system maintenance agreement with the City, detailing the inspection and maintenance required to occur to ensure proper operation and performance of the permanent stormwater management system, in a form acceptable to the City Attorney. This Agreement shall be filed in the property records with Dakota County Recorder's Office, at the applicant's expense. b. The applicant shall provide the City with soil boring logs from a minimum of two soil -borings within any proposed infiltration area, extending a minimum of 10' below the bottom of the proposed infiltration feature, to evaluate and ensure suitability for infiltration. If the soil boring logs indicate incompatibility of existing sub -soil permeability with the submitted and reviewed design plans for meeting stormwater retention/mitigation requirements, the applicant shall revise the design and/or construction plans (e.g. over-excavation/soil-amendment depth, etc.) to ensure requirements are fully met. c. The applicant shall provide construction details of proposed infiltration basins for City review/acceptance by the City Engineer and include in construction plans. Construction details shall include infiltration basin cross-section(s), construction sequencing/protection/restoration notes, sizing/volume tables, details for stable inlets/outlets/emergency overflows, pre-treatment features, soil amendment criteria, live planting/seeding/temporary & permanent erosion -control details, etc., to ensure infiltration practice is properly designed, constructed, planted, and adequately protected during / after construction to prevent clogging, and able to be properly maintained to function as intended. These graphical details and notes shall be prominently included in all applicable plan sheets (e.g. Grading, Utility, Landscape Plan sheets, etc.). d. The property owner shall provide clear assurances to the City that by final grading, prior to installation of any irrigation and plantings, the disturbed areas that are to be revegetated shall have protected and/or restored soil permeability to non -compacted soil conditions to a 12 -inch depth with no less than 5% soil organic matter content, to comply with impervious mitigation requirements. Planning Report — Lemay Lake Apartments August 25, 2015 Page 7 3. During infiltration practice over -excavation and sub -soil work, the applicant shall ensure that a Certified Soil Scientist will be present to verify and document that for each infiltration practice area sub -soils are suitable for a saturated condition infiltration rate of 1 -inch per hour or greater (but less than 8.0 -inch per hour). If the sub -soil infiltration rates are less than f- inch per hour (or greater than 8.0 -inch per hour), the applicant shall immediately notify the City Engineer and revise the volume control practice(s) as necessary (e.g. over- excavation/soil-amendment depth, etc.) to ensure volume control requirements are fully met. At completion of final grading within each surface infiltration basin, but prior to planting, the applicant shall ensure that a soil scientist will be present to verify and document that the infiltration practice is suitable to infiltrate a minimum of 1 -inch per hour or greater in saturated conditions. Documentation shall be provided to the City within 48 -hours after infiltration testing. The applicant shall provide the City Water Resources staff with 24-hour advance notice of the occurrence of infiltration verifications and also prior to any soil backfilling within any of the infiltration practices. WAv 11 Ulm � 3 a WD i y r Y TOPOGRAPHIC SORM -for- Mandel Group Inc. 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I gd g �I a I a F WE $ $e �� E In � P- 012 - 0$2 SNQil' A313 bM$waa'%��j'h4&!Y!}6�YIFS'�?.&&tFFt:)�A�t'$'E�14-I�`sS..^.3 iSSx:9"F:S 9iSF'�Yita� �a.!-Ftlutaj4F"<HVrik>:�! s h $ c� -14 .-H G S gy p6 big I kg Hou oll 1 11 it JIM f op INS "i if .9 �� o �t� �1 ;1-1�sEr O_I 9t. fl.. g 4� c rT LLy 4 O O W�i•+N '9i'�tl SNt-ld 8001-1 zxi!�•:,xta l _,, _.__.._............ CDg' a rv•3K d UPI CN IRA risBK 11.1 SIM . IN I � - I! 1111 �Big 53 $�� 'S_ql 1 � Z,a 1 0� fi e_ a i �4yi$ c6b � e €a ' Kag �g § far m �l 101A A' ! 7/15/2015 Julie Strid, Pam Dudziak City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Regarding: Lemay Lake Apartments Clubhouse Proposal - Conditional Use Permit Written Narrative Parcel Identification Number: 10-22525-02-010 introduction: This proposal is for the addition of a 4,500 square feet clubhouse building at the existing Lemay Lake Apartment complex. The clubhouse will be a single story building situated around an existing outdoor pool. Tenants of the apartment complex will have access to the clubhouse for use of shared amenity spaces that include: community lodge room, fitness center, pet wash station, conference rooms, site staff offices and pool changing rooms. The clubhouse building will resemble the adjacent existing apartment buildings, but will have a more contemporary appearance. Given the proximity to Lemoy Lake, this area falls under the Shoreline Zoning and requires that no more than 25% of the total Site Area be constructed of impervious surfaces. The existing site was built prior to the adoption of the guidelines so the current apartment complex does not conform to the 25% rule. Thus, any addition is impervious area requires a need for a Conditional Use Permit (CUP). Comprehensive Guide Plan Designation: High Density Residential According to the 2030 City of Eagan Land Use Plan, the area in which our current site is located is designated as High Density Residential. This classification does not differ from how the site is currently zoned and will not be modified with this proposed addition. The clubhouse will only serve the apartments and prospective tenants at the leasing office. There does not appear to be additional future planning criteria for this site as it falls just outside of the Central Commons — Special Area boundary. Zoning Map Classification: R-4 The current area is zoned as an R-4 use for dense multi -family housing. Again, there will not be any change to the existing zoning classification with the addition of the clubhouse. This parcel does fall into a Shoreline Zoning district, which requires the need for a Conditional Use Permit (CUP). As part of the new proposal, storm water management strategies will be employed to assist in the containment and filtration of surface water runoff. Raingardens will be the primary strategy for containing the additional runoff that is caused by the new clubhouse building. As the CUP and Planning Commission reviews ensue, the civil and landscape drawings will be revised to meet the requirements of the city. Timing & Phasing: Construction will commence around October 1, 2015 and last roughly three to four months. The project will not be phased if construction can begin before frost sets in. Site work and the new building will occur simultaneously. Land Uses: The existing land use is for multi -family housing and will remain unaltered. The adjacent neighboring properties have different zoning. To the east is a Planned Development that includes a gas station, restaurant and two hotels. To the west are a series of single family homes zoned as an R-1 development. Just north of the property is an 1-1 zoned area. Sincerely, Griffin Jameson Project Designer Kaas Wilson Architects NARRATIVE Tel: 612.879.6000 1301 American Blvd E. Suite 100, Bloomington, MN 55425 www.kaoswilson.com Page 1 of 1 Pam Dudziak From: Mike Ridley Sent: Wednesday, August 26, 2015 8:08 AM To: 'Jim Easton' Cc: Pam Dudziak, Julie Strid Subject: RE: Lemay Lake Apartment petition Thank you for writing; your comments will be shared with the City Council. Michael J. Ridley, AICD I City Planner I City of EaganQ City Hall 13830 Pilot Knob Road I Eagan, MN 551221651-675-56501651-675-5694 (Fax) I mrldlevacilvofea ag n,cam THIS -COMMUNICATION MAY CONTAIN CONFIDENTIALANDIOR OTHERWISE PROPRIETARY MATERIAL and is thus for use only by the intended recipient. If you received this in error, please contact the sender and delete the e-mail and its attachments from all computers. From: Jim Easton v[mailto:mo[aanv8 otmail.com] Sent: Tuesday, August 25, 2015 5.41 PM To: APC Subject: Lemay Lake Apartment petition re: Advisory Planning Commission Meeting; Tuesday, August 25, 2015 Development Applicant: Lemay Lake Apartments/Lemay Lake Apartments/Mandel Group, Inc 3005 Eagandale PI, Lot 1, Block 1, Eagandale Lemay Lake 1st Addition I am concerned with regards to water runoff - I wish to know where the water runoff will be directed. They have no holding pond for water runoff. If the city is planning on spending $5,000,000 dollars to correct their errors with regards to Lemay lake, will this additional parking cause damage to Lemay Lake. The state of Minnesota's Department of Natural Resources would like to see the lake problems addressed. As 1 own 50% of the lake, I DO NOT WANT ANY MORE DAMAGE DONE TO THIS LAKE. IT IS NOT EXPENDABLE AS WE HAVE BEEN TOLD BY CITY STAFF= Jim and Marcia Easton morganv8@hotmail.com 651454-6711 1 Agenda Information Memo September 1, 2015, Eagan City Council Meeting NEW BUSINESS B. Conditional Use Permit & Variances — New Horizon Academy Actions To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) a Conditional Use Permit to allow the development of an approximately 11,900 s.f. two-story childcare facility upon property located at 4585 Erin Lane, subject to the conditions listed in the APC minutes. To approve (or direct preparation of Findings of Fact for Denial) a 40' Variance to the required 50' structure setback from a major thoroughfare upon property located at 4585 Erin Lane, subject to the conditions listed in the APC minutes. Required Vote For Approval: ➢ Majority of Councilmembers present Facts: ➢ The applicant is proposing to develop the property with a two-story, approximately 11,900 s.f. child care facility. ➢ The property was platted in 1981 and a fast food restaurant was constructed in 1987. The building is currently vacant. ➢ Two CUP's were approved in 1987 to allow a pylon sign and drive thru. ➢ A Variance was also approved for parking stall setbacks. ➢ The property is zoned CSC (Community Shopping Center). ➢ The proposal appears to satisfy most typical development CSC zoning standards in regard to site layout, parking, utilities and landscaping with modifications via conditions of approval. ➢ Variances to building setbacks and green space are requested, and discussed in greater detail in the staff report given public right-of-way abuts this property on three sides. o Building setback to TH 77 = 10' proposed vs. 50' required o Green space proposed at 28%, whereas existing is 29%. The required minimum is 30% ➢ The Advisory Planning Commission (APC) held a public hearing on the CUP on August 25, 2015 and did recommend approval (7-0). ➢ The APC also held a public hearing on the Variance on August 25, 2015 and did recommend approval on a split vote (6-1, Vanderpoel). Issues: ➢ Clarification from the applicant has been received; the interior side yard setback requirement is met at 10'. ➢ The applicant has submitted a supplemental narrative, attached, providing comments to several conditions of approval that were initially addressed with the Advisory Planning Commission. 60 -Day Agency Action Deadline: September 13, 2015 Attachments: (5) NBB-1 Location Map NBB-2 Draft August 25, 2015 APC Minutes NBB-3 Planning Report NBB-4 Report Exhibits NBB-5 Applicant letter dated August 27, 2015 Advisory Planning Commission August 25, 2015 Page 4 of 15 B. New Horizon Academy Applicant Name: New Horizon Real Estate Development LLP Location: 4585 Erin Lane Application: Conditional Use Permit File Number: 30 -CU -04-07-15 Application: Variance File Number: 30 -VA -05-07-15 Planner Sarah Thomas introduced this item and highlighted the information presented in the City Staff report dated August 20, 2015. Member Piper asked staff for a clarification on the requested setback Variance and whether or not the entrance ramp would be expanded. Staff pointed out the area of the Variance and it was suggested that any future expansion of the entrance ramp would occur within the existing right-of-way. Member Vanderpoel ask Assistant City Engineer Nelson to clarify ;between right-of-way and setback. Nelson explained the difference. Member Dierkes asked if staff had any concerns with the proposed location of the children play areas. Staff stated they had no concerns. A. Peter Hilger, representing New Horizon, spoke to green space, trash enclosure, landscaping, paved walkways and parking calculations. Member Piper asked the applicant if he had considered a north/south orientation for the building. Mr. Hilger responded that that was the first design he laid out and due to the configuration of the lot and circulation needs he could not get enough parking. Chair Filipi opened the public hearing. There being no public comment, Chair Filipi closed the public hearing ;and turned the discussion back to the Commission. Member Piper moved, Member Sagstetter seconded a motion to recommend approval of a Conditional Use Permit to allow an approximately 11,900 s.f. two-story childcare facility, subject to the following conditions: This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council and proof of its recording provided to the City. 2. This CUP shall supersede and replace prior CUP's granted to this property. Advisory Planning Commission August 25, 2015 Page 5 of 15 3. The applicant shall submit a revised Site Plan to reduce the amount of impervious surface coverage to meet the 30% minimum requirement. 4. The property shall be developed in accordance with the Site Plan, as revised. There shall be no more than two school buses/vans kept on the property, and such vehicles must be parked within a standard parking stall. 6. The trash enclosure shall be constructed of brick to match the building, with an opaque gate that is compatible with the building finish materials. The overhead door shall be painted an earth tone to match the building. 7. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City Code. 8. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to the issuance of a building permit. 9. The Landscape Plan shall be revised to establish buffers between the building and public rights-of-way, especially along TH 77. The plantings shall achieve 75% opacity year round at maturity. 10. The Landscape Plan shall be revised to reflect that the shrubs will be 3 feet in height at time of planting. 11. A revised Landscape Plan shall be submitted to add foundation plantings and to provide screening of the trash enclosure and any ground transformers. 12. Automatic irrigation shall be provided for all landscaped areas. A financial guarantee for installation of the landscaping shall be provided in accordance with the City's landscape ordinance, at the time of Building Permit. 13. The Building Elevations provided at the time of Building Permit shall include four sided architectureand meet material finish requirements per CSC zoning standards. 14. Mechanical equipment shall be screened per City Code requirements with a 30" minimum parapet height. The elevation plans shall also indicate that equipment is placed 20' from the edge of buildings as required by City Code, and depicted on final drawings for Building Permit. 15. The applicant shall submit a revised Site Lighting Plan that provides the specifications for the fixtures and average to minimum calculations for the entire site. The fixtures shall have full cutoff performance which are "nighttime friendly". 16. The applicant shall revise the Site Lighting Plan so that the parking lot and drive aisle lighting achieves a minimum of 0.5 footcandles. 17. The revised Site Lighting Plan shall have an average -to -minimum uniformity ratio not greater than 4:1. 18. All signage shall comply with City Sign Code requirements. Advisory Planning Commission August 25, 2015 Page 6 of 15 19. The building signs shall consist of either individual channel letters or backlit letters. 20. The monument sign base shall be constructed of the same materials used for the principal building. 21. Any utility services to be removed shall be performed in a manner acceptable to the City Engineer. 22. Any damage to the street, curb and gutter, and boulevard of Erin Lane shall be restored in a manner acceptable to the City Engineer. 23. A paved or concrete sidewalk shall be installed along the west side of the building to provide a means for occupants to exit to the public right-of-way. 24. This development shall meet the City's Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1" Volume Control on the site's new and fully - reconstructed impervious surface area (including effective soil remediation for the site's disturbed soils that are to be revegetated). 25. The applicant shall provide adequately sized pre-treatment (forebays, catch basin 4' sumps, etc.) at, or immediately upstream of, all stormwater management facility inlets to provide for effective capture and easily -accessible cleanout of fine -sand sized particles. Details shall be included in applicable plan sheet(s). 26. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide the City with soil boring logs from .a minimum of two soil -borings within any proposed infiltration area, extending a minimum of 10' below the bottom of the proposed infiltration feature, to evaluate and ensuresuitabilityfor infiltration. If the soil boring logs indicate incompatibility of existing sub -soil permeability with the submitted and reviewed design plans for meeting volume control requirements, the applicant shall revise the design and/or construction plans (e.g. over-excavation/soil-amendment depth, etc.) to ensure volume control requirements are fully met. 27. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide construction details of proposed sub -surface infiltration system for City review/acceptance by the City Engineer and include in construction plans. Construction details shall include infiltration system cross-section(s), appropriate base construction specifications for infiltration, construction sequencing/protection/restoration notes, sizing/volume tables, details for inlets/outlets, unobstructed inspection/maintenance access to inlets/outlets/header row/pipe gallery, etc., to ensure sub -surface infiltration system is properly designed, constructed, and adequately protected during / after construction to prevent clogging, and able to be properly accessed, inspected and maintained to function as intended. These graphical details and notes shall be prominently included in all applicable plan sheets (e.g. Grading Plan, Utility Plan, etc.). 28. Prior to receiving city approval to permit land disturbing activity, the property owner shall provide detailed Soil Management Strategies for City review, and acceptance by the City Engineer, that provide clear assurances that by final grading, prior to installation of any irrigation and plantings, the disturbed areas that are to be revegetated will have Advisory Planning Commission August 25, 2015 Page 7of15 protected and/or restored soil permeability to non -compacted soil conditions in the top 12" of soil with no less than 5% soil organic matter content, to comply with Volume Control requirements. These graphical details and notes on soil protection/restoration shall be included in the Stormwater Management Plan and prominently included in all applicable plan sheets (e.g. Erosion & Sediment Control Plan, Grading & Drainage Plan, Utility Plan, Landscape Plan, etc.). Documentation (e.g. representative on-site soil samples) shall be provided to City Water Resources staff to verify approved soil management strategy compliance. 29. Prior to receiving city approval to permit land disturbing activity, the property owner shall enter into a long-term stormwater management system maintenance agreement with the City, detailing the inspection and maintenance required to occur to ensure proper operation and performance of the permanent stormwater management system, in a form acceptable to the City Attorney. 30. During sub -surface infiltration system area over -excavation and sub -soil work,, the applicant shall ensure that a Certified Soil Scientist will be present to verify .and document that practice area sub -soils are suitable for a saturated condition infiltration rate of 1 -inch per hour or greater (but less than 8.0 -inch ;per hour). If the sub -soil infiltration rates are less than 1 -inch per hour (or greater than 8.0 -inch per hour), the applicant shall immediately notify the City Engineer and revise the volume control practice(s) as necessary (e.g. over-excavation/soil-amendment depth, etc.) to ensure volume control requirements are fully met. At completion of structural/compacted base within each subsurface infiltration system, the applicant shall ensure that a soil scientist will be present to verify and document that the subsurface infiltration system's structural/compacted base is suitable to infiltrate a minimum of 1 -inch per hour or greater in saturated conditions. Documentation shall be provided to the City within 48 -hours after infiltration testing. The applicant shall provide the City Water Resources staff with 24-hour advance notice of the occurrence of infiltration verifications and also prior to any sub -surface chamber placement or backfilling within any of the infiltration practices. 31. Before the city issues a Certificate of Occupancy on the development site, the applicant shall provide the City Engineer as -built plans that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (sumps, infiltration practices, etc.), and soil management strategies conform to design and/or construction plans, as approved by the City. As -built volumes (for retention) shall be provided for all infiltration practices. The applicant shall submit to the City Engineer certification that the stormwater management facilities have been installed in accordance with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. All voted in favor. Motion carried 7-0. Member Piper moved, Member Sagstetter seconded a motion to recommend approval of a 40' Variance to the required 50 -foot structure setback from a major thoroughfare, subject to the following conditions: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall Advisory Planning Commission August 25, 2015 Page 8 of 15 state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The Applicant shall obtain an approved Building Permit. After the motion and second, Member Piper stated his belief that the Variance was appropriate given the site constraints created by the configuration of the lot and that r -o -w exists on three of the four sides. Member Sagstetter agreed and stated the site presents practical difficulties. Member Vanderpoel stated her belief that the amount of Variance was too great and that a smaller building should be proposed. Members Dierkes, Weimert and Landmesser stated their concern with the location of the play areas. Chair Filipi pointed out that the commission had already voted favorably on the CUP and that the Variance request was for the building setback and had nothing to do with the play areas. All voted in favor. Motion carried 7-1 (Vanderpoel). PLANNING REPORT CITY OF EAGAN REPORT DATE: August 20, 2015 APPLICANT: New Horizon Real Estate Development LLP CASE: 30 -CU -04-07-15 30 -VA -05-07-15 HEARING DATE: August 25, 2015 PROPERTY OWNER: CNLAPF Partners, LP APPLICATION DATE: July 15, 2015 REQUEST: Conditional Use Permit; Variance PREPARED BY: Sarah Thomas LOCATION: 4585 Erin Lane COMPREHENSIVE PLAN: SA/RC, Special Area/Retail Commercial ZONING: CSC, Community Shopping Center SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to allow an approximately 11,900 s.f. two-story childcare facility and a 40' Variance to the required 50' structure setback from a major thoroughfare upon property located at 4585 Erin Lane. 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. Planning Report — New Horizon Academy August 25, 2015 Paee 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 41), Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Variance: City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, and whether the applicant established that there are practical difficulties in complying with the provisions(s) of this Chapter, the City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owner of property has no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. Planning Report — New Horizon Academy August 25, 2015 Pate 3 c. The exceptional or extraordinary circumstances do not result from the actions of the applicant. d. The granting of the variance will not confer on the applicant any special privilege that is denied by this Chapter to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the practical difficulties. f. The variance would not be materially detrimental to the purposes of this Code or to properties in the same zone. g. The property for which the variance is requested is otherwise in compliance with the City Code. The ordinance also states "A variance will be denied when it is not in harmony with the general purposes and intent of the zoning provisions of this Code or when the variance is inconsistent with the comprehensive plan. Any condition imposed upon the approved variance must be directly related to and must bear a rough proportionality to the impact created by the variance." BACKGROUNDIHISTORY The property was platted in 1981, and a Kentucky Fried Chicken restaurant was constructed in 1987. The development obtained two CUP's at that time for the pylon sign and drive-thru facility. The 1987 staff report referenced the site as small and somewhat irregular in shape which created development complications for both the City and owner. Multiple Site Plan revisions were needed before a layout was deemed acceptable by both parties. A Variance was also approved for parking stall setbacks which the applicant will continue to utilize for stalls adjacent to Erin Lane. EXISTING CONDITIONS The existing building and parking lot were constructed with development of the site. The building is connected to City sewer and water services. Drainage and utility easements are located along the east, west, and a portion of the north property lines. Driveways access is directly to Erin Lane to the north. The property is adjacent to TH 77 to the west and Cliff Road (CSAH 32) to the south. No direct access is available to either of those roadways. The building is currently vacant. Planning Report — New Horizon Academy August 25, 2015 Page 4 SURROUNDING USES EVALUATION OF REQUEST Description of Proposal — The proposed redevelopment consists of construction of a new, two- story childcare facility of approximately 12,000 sf. The building design allows for five parking spaces to be tucked under the second floor which allows a covered parking area during inclement weather. The facility would provide childcare services ranging from infant to school age for up to 162 children with 22 staff. The building is proposed on the center portion of the property, with parking and stormwater facilities to the north; outdoor playground areas are located south of the building. The playground area is enclosed by a 6' decorative metal fence and encompasses a sport court and play areas for toddlers and preschoolers. Compatibility with Surrounding rea — The proposed use appears compatible with the surrounding area, which is developed with similar service retail commercial uses. Airport Noise Considerations — The site is located outside of the Airport Noise Policy Zones. Bulk Standards Setbacks — The applicant is proposing a 40' deviation to the building setback from TH 77 for the westerly side of the building. The distance from the west property line to the surface of the TH 77 northbound entrance ramp is approximately 117'. The following building setbacks apply to the property: TH 77 Cliff Rd. Side Yard Required 50' 50' 10' Proposed 10, 67' 9.2' The following parking setbacks apply to the property: TH 77 Erin Ln. Side Yard Required 20' 20' 5' Proposed 20' 10' (per prior approval) 5' Existing Use Zoning Land Use Designation North Restaurant (McDonald's) CSC, Community Shopping Center SA/RC — Special Area/Retail Commercial South Cliff Road Right -of -Way East Motor fuel/service station (Holiday) CSC, Community Shopping Center SA/RC — Special Area/Retail Commercial West I TH 77 1 Right -of -Way EVALUATION OF REQUEST Description of Proposal — The proposed redevelopment consists of construction of a new, two- story childcare facility of approximately 12,000 sf. The building design allows for five parking spaces to be tucked under the second floor which allows a covered parking area during inclement weather. The facility would provide childcare services ranging from infant to school age for up to 162 children with 22 staff. The building is proposed on the center portion of the property, with parking and stormwater facilities to the north; outdoor playground areas are located south of the building. The playground area is enclosed by a 6' decorative metal fence and encompasses a sport court and play areas for toddlers and preschoolers. Compatibility with Surrounding rea — The proposed use appears compatible with the surrounding area, which is developed with similar service retail commercial uses. Airport Noise Considerations — The site is located outside of the Airport Noise Policy Zones. Bulk Standards Setbacks — The applicant is proposing a 40' deviation to the building setback from TH 77 for the westerly side of the building. The distance from the west property line to the surface of the TH 77 northbound entrance ramp is approximately 117'. The following building setbacks apply to the property: TH 77 Cliff Rd. Side Yard Required 50' 50' 10' Proposed 10, 67' 9.2' The following parking setbacks apply to the property: TH 77 Erin Ln. Side Yard Required 20' 20' 5' Proposed 20' 10' (per prior approval) 5' Planning Report — New Horizon Academy August 25, 2015 Page 5 Building Coverage — The proposed building coverage ratio is 15.8%, which is less than the typical CSC standard of a maximum 30%. Building Height — Proposed building height is approximately 28', as measured to the low parapet and 34' to the peak of the high parapet. This is consistent with the typical ordinance standard of 35' maximum roof height in the CSC district. Green Space — Commercial properties are subject to providing a minimum 30% green space. The proposed development provides 28% green space. The applicant should revise the plan to meet this requirement. Parking — The Site Plan proposes a total of 31 parking stalls for the proposed 11,900 s.f. daycare. This is inconsistent with the typical standard for daycare facilities of ten parking stalls plus one stall for each 500 square feet of gross building area as 34 stalls are required per City Code. The dimensional standards appear consistent with City Code. The proposed parking stalls are 9' x 18' with a 24' two-way drive aisle, similar to the existing conditions on the property. The proposed parking meets the City Code standards for daily needs. Occasional special events throughout the year may result in a need for overflow parking. On -street parking is currently available along Erin Lane for this occasional use. The applicant should note winter parking restrictions may limit availability of on -street parking during winter months. According to the applicant, there will be one small school bus that will be kept on the property on an on-going basis, similar to other daycare providers in the City. This vehicle fits in a regular parking stall, and such parking is permitted by City Code. There should be no more than two such busses kept on the property. Landscaping/Screening — The Landscape Plan appears acceptable with modification. The plan shows a variety of shade and ornamental trees as well as shrubs and perennials throughout the property. Shade and ornamental trees are proposed along the western edge of the parking lot and shrubs are proposed in the island which separates the parking lot into two separate areas. A shade tree is proposed at the eastern edge of the playground area near the toddler play area. Shrubs are also planned near the base of the pylon sign. Perennials are proposed on both sides of the driveway at the entrance to the site. Existing trees to remain include one evergreen, two ash, a honeylocust and a crabapple. The applicant should revise the Landscape Plan to establish screens and buffers between the development and the public rights-of-way, with focus on the entrance ramp to TH 77. This will also assist with screening of parking areas from public streets. Plantings should achieve 75% opacity year round at maturity. The implementation of coniferous trees in addition to the one existing on site would assist in achieving opacity requirements. Planning Report — New Horizon Academy August 25, 2015 Page 6 Additionally, City Code requires shrubs to be a minimum of 3 feet in height at time of planting. The Landscape Plan should be revised to account for this requirement. Foundation plantings should be incorporated around the building and additional plantings should be placed around the trash enclosure and any transformer equipment planned on the site. Lastly, automatic irrigation should be provided for all landscaped areas. A financial guarantee for installation of the landscaping should be provided in accordance with the City's Landscape Ordinance, at the time of Building Permit. Tree Preservation — The tree preservation plan appears acceptable. Single lot commercial development allows a maximum of 30% removal. The plan identifies removal of two significant trees (1 crabapple and 1 Spruce) for a total of 29%. Building Elevations/Architecture — The proposed building is comprised of brick, glazed block, metal wall panels and glass. The mechanical screen wall consists of similar materials as the building. The ordinance requirements pertaining to CSC zoning requires at least two Class I materials should be utilized; comprising at least 65% of the building, and up to 35% of the building may be comprised of Class III or IV materials. Also, each elevation should have the same finish. Three of the proposed materials are classified as Class I and appear to meet City Code requirements; however, the applicant should revise the elevations to meet material percentage standards for each elevation, with the Building Permit submittal. Mechanical Equipment — City Code requires a minimum 30" parapet or screen wall for new buildings, and that rooftop mechanical units be placed at least 20' from the edge of the building. A screen wall is proposed as part of the roof design, and is made of materials that match other architectural features and materials on the building. No ground mounted electrical transformers are shown on the plan. Any such transformers should be screened with landscaping, on all four sides. Trash/Recycling Enclosure — City Code requires that trash be stored indoors or within an enclosure attached to the building in commercial developments. In addition, the enclosure must be large enough to enclose both trash and recyclable materials containers. Trash storage is proposed to be within an enclosure attached to the northeast corner of the building. The trash enclosure should be constructed of brick to match the building, with an opaque gate that is compatible with the building finish materials. The overhead door should be painted an earth tone to match the building. Planning Report — New Horizon Academy August 25, 2015 Page 7 Building Address Numbers — In accordance with Section 2.78 of the City Code, building numbers should be conspicuously displayed on the building, in a 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. Lighting — The City Code states "Site lighting is required as is necessary for security, safety and traffic circulation. Such illumination shall be indirect and diffused or shielded. Lighting shall not be directed upon public rights-of-way or adjacent properties and the source of light shall not be visible from off the property." While not specified in City Code, parking lot lighting should provide minimum light levels of 0.5 footcandles throughout and light levels should not exceed 1 footcandle at the property line. In addition, site lighting should comply with the Illuminating Engineering Society of North America (2003) manual which suggests an average -to -minimum uniformity ratio not greater than 4:1. Lighting fixtures should be consistent throughout the development. All fixtures should be downcast and shielded to prevent glare. The lighting plan indicates there are going to be four pole mounted lights and five building mounted lights. The plans indicate the lights are going to be mounted on 20 foot poles, with a 2 foot base for an overall height of 22 feet; however, additional specifications provided on the plan are illegible and the applicant should provide a revised plan that includes the specifications. The fixtures should have full cutoff performance which are "nighttime friendly". The lighting plan does not show the property line boundaries. The applicant should verify that the light levels at the property line do not trespass onto the adjacent property. The applicant should revise the plan so that the parking lot and drive aisle lighting achieves a minimum of 0.5 footcandles. The revised plan should include an overall average to minimum ratio to ensure that site lighting is uniform and is not greater than 4:1. Signage — The proposed sign package appears acceptable with modification. City Code allows one monument sign and up to three building signs on two building elevations in addition to the existing pylon sign. The submitted sign package proposes a building sign on the west fagade and a second on the south facade. A monument sign is proposed on the north side of the property along Erin Lane. The proposed monument consists of a 1'6" base, and a 4' high sign face. The monument is proposed to meet the minimum 10' setback from the right-of-way. The monument sign base as proposed consists of metal posts. The sign base should be constructed of a masonry material to match the brick on the principal building. As previously mentioned, a pylon sign exists on the property. The applicant proposes to retrofit the sign face and install LED lighting. The support poles will be painted to match the building tones or painted a flat black and the base will be encased with brick to match the building. Planning Report — New Horizon Academy August 25, 2015 Page 8 Wetlands — Because there are no wetlands on site, City Code § 11.67, wetland protection and management regulations, does not apply. Stormwater Management/Water Quality — The applicant proposes to completely redevelop an existing site, resulting in 0.54 acre of fully reconstructed impervious surface, with an additional 0.22 -acre of disturbed/graded soils to be revegetated, on the 0.76 -acre site. This redevelopment will need to comply with the City's Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1" Volume Control. The applicant proposes to meet City water quality requirements through construction of one sub- surface infiltration system, with four sump manholes upstream of sub -surface system inlets for pretreatment, and 4" depth soil remediation for the 0.22 -acre of disturbed/graded soil areas that are proposed to be revegetated pervious surfaces. Eagan Water Resources Department has reviewed the applicant's plans, stormwater design summary and modeling provided for stormwater management and finds the proposed plans to meet City Code §4.34 Post -Construction Stormwater Management Requirements are acceptable with conditions to ensure infiltration capacity and capability, effective pre-treatment, effective soil remediation to restore soil permeability (on all disturbed soils that are to be revegetated), construction techniques, staging and oversight, and future maintenance for continued function. Utilities — The existing building, and its water and sewer services, are shown to be removed. Any utility services to be removed should be performed in a manner acceptable to the City Engineer. The new building would be built in a different configuration on the site and will require new services to be installed. The old sanitary sewer service stub would be re -used for the new building; however, the water service is proposed to be upsized to a larger pipe and run to the water main located under Erin Lane. Any damage to the street, curb and gutter, and boulevard of Erin Lane should be restored in a manner acceptable to the City Engineer. Streets/Access/Circulation — Public street access will remain unchanged at its existing location onto Erin Lane. The new parking lot is shown to be entirely on the north side of the building. A paved trail is currently located along the north side of Cliff Road. A concrete sidewalk is proposed around the north, east, and south perimeters of the building. The play area in the rear of the building is enclosed by a fence. A fence also separates two play areas intended for different aged children. A sidewalk is shown along the east side of the building to provide a means for occupants in that play area to exit to the public way at the north side of the building. There is no direct means for occupants on the western fenced play area to exit to a public way. A paved or concrete sidewalk should be installed along the west side of the building to provide a means for occupants to exit to the public way. Parks and Recreation — Park dedication was previously satisfied with the initial development of the site in 1987. Trail dedication was not required at the time of initial development (the Trail Dedication Policy was adopted in Feb. 1990). With no subdivision proposed at this time, the question of park and trail dedication is not applicable to this proposal. Planning Report — New Horizon Academy August 25, 2015 Page 9 Financial Obligation — At this time, there are no pending assessments on the parcel. Variance Criteria — The Zoning Ordinance states that relief may be granted from a required ordinance provision provided there are special conditions that apply to the subject land, the relief is not contrary to the Zoning Ordinance and Comprehensive Guide Plan, and it is necessary to alleviate a practical difficulty. The surrounding area is developed with similar commercial development and, while Variances to the 50 foot setback from public right-of-way are not frequently requested, the City Council has approved similar requests in the past. The proposal satisfies other bulk standards. The proposed use of the property is consistent with the provisions of the City Code. It does not appear that granting of the Variance would result in any detrimental effects to the neighboring properties or the public. APPLICANT'S PRACTICAL DIFFICULTIES According to the applicant's narrative, "In order to make a reasonable use of the property, a setback variance is required. This request is justified by the unusual geometry and location of the lot on 3 street frontages, two of which are arterial with a 50' setback and one of which is a 30' setback, resulting in no rear yard and only one side yard..." The applicant contends that, due to setback requirements, the buildable area of the lot is only 38.6% without granting a Variance. SUMMARY/CONCLUSION The applicant is requesting approval of a Conditional Use Permit to allow an approximately 12,000 s.f. two-story childcare facility upon the property at 4585 Erin Lane. The proposal is a redevelopment of the site that contains a shuttered fast-food restaurant. The proposed childcare facility appears to be compatible with adjacent uses. Through conditions of approval, City Code requirements are met save for the 50' building setback from TH 77 right- of-way and on -street parking is short four stalls. The applicant is proposing a 40' setback Variance to allow the building to be constructed with a 10' setback from TH 77 right-of-way. The applicant has stated the irregular shape of the parcel and required setbacks make it difficult to redevelop the site in a reasonable way. The conditions resulting in the requested Variance appear to be unique to this property and do not appear to present detrimental impacts to neighboring properties or the public. ACTIONS TO BE CONSIDERED To recommend approval of a Conditional Use Permit (CUP) to allow the development of an approximately 12,000 s.f. two-story childcare facility for property located at 4585 Erin Lane. If approved, the following conditions shall apply: Planning Report — New Horizon Academy August 25, 2015 Page 10 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council and proof of its recording provided to the City. 2. This CUP shall supersede and replace prior CUP's granted to this property. 3. The applicant shall submit a revised Site Plan to reduce the amount of impervious surface coverage to meet the 30% minimum requirement. 4. The property shall be developed in accordance with the Site Plan, as revised. 5. There shall be no more than two school buses/vans kept on the property, and such vehicles must be parked within a standard parking stall. 6. The trash enclosure shall be constructed of brick to match the building, with an opaque gate that is compatible with the building finish materials. The overhead door shall be painted an earth tone to match the building. 7. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City Code. 8. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to the issuance of a building permit. 9. The Landscape Plan shall be revised to establish buffers between the building and public rights-of-way, especially along TH 77. The plantings shall achieve 75% opacity year round at maturity. 10. The Landscape Plan shall be revised to reflect that the shrubs will be 3 feet in height at time of planting. 11. A revised Landscape Plan shall be submitted to add foundation plantings and to provide screening of the trash enclosure and any ground transformers. 12. Automatic irrigation shall be provided for all landscaped areas. A financial guarantee for installation of the landscaping shall be provided in accordance with the City's landscape ordinance, at the time of Building Permit. 13. The Building Elevations provided at the time of Building Permit shall include four sided architecture and meet material finish requirements per CSC zoning standards. 14. Mechanical equipment shall be screened per City Code requirements with a 30" minimum parapet height. The elevation plans shall also indicate that equipment is placed 20' from the edge of buildings as required by City Code, and depicted on final drawings for Building Permit. Planning Report — New Horizon Academy August 25, 2015 Page 11 15. The applicant shall submit a revised Site Lighting Plan that provides the specifications for the fixtures and average to minimum calculations for the entire site. The fixtures shall have full cutoff performance which are "nighttime friendly". 16. The applicant shall revise the Site Lighting Plan so that the parking lot and drive aisle lighting achieves a minimum of 0.5 footcandles. 17. The revised Site Lighting Plan shall have an average -to -minimum uniformity ratio not greater than 4:1. 18. All signage shall comply with City Sign Code requirements. 19. The building signs shall consist of either individual channel letters or backlit letters. 20. The monument sign base shall be constructed of the same materials used for the principal building. 21. Any utility services to be removed shall be performed in a manner acceptable to the City Engineer. 22. Any damage to the street, curb and gutter, and boulevard of Erin Lane shall be restored in a manner acceptable to the City Engineer. 23. A paved or concrete sidewalk shall be installed along the west side of the building to provide a means for occupants to exit to the public right-of-way. 24. This development shall meet the City's Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1" Volume Control on the site's new and fully - reconstructed impervious surface area (including effective soil remediation for the site's disturbed soils that are to be revegetated). 25. The applicant shall provide adequately sized pre-treatment (forebays, catch basin 4' sumps, etc.) at, or immediately upstream of, all stormwater management facility inlets to provide for effective capture and easily -accessible cleanout of fine -sand sized particles. Details shall be included in applicable plan sheet(s). 26. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide the City with soil boring logs from a minimum of two soil -borings within any proposed infiltration area, extending a minimum of 10' below the bottom of the proposed infiltration feature, to evaluate and ensure suitability for infiltration. If the soil boring logs indicate incompatibility of existing sub -soil permeability with the submitted and reviewed design plans for meeting volume control requirements, the applicant shall revise the design and/or construction plans (e.g. over-excavation/soil-amendment depth, etc.) to ensure volume control requirements are fully met. Planning Report — New Horizon Academy August 25, 2015 Paae 12 27. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide construction details of proposed sub -surface infiltration system for City review/acceptance by the City Engineer and include in construction plans. Construction details shall include infiltration system cross-section(s), appropriate base construction specifications for infiltration, construction, sequencing/protection/restoration notes, sizing/volume tables, details for inlets/outlets, unobstructed inspection/maintenance access to inlets/outlets/header row/pipe gallery, etc., to ensure sub -surface infiltration system is properly designed, constructed, and adequately protected during / after construction to prevent clogging, and able to be properly accessed, inspected and maintained to function as intended. These graphical details and notes shall be prominently included in all applicable plan sheets (e.g. Grading Plan, Utility Plan, etc.). 28. Prior to receiving city approval to permit land disturbing activity, the property owner shall provide detailed Soil Management Strategies for City review, and acceptance by the City Engineer, that provide clear assurances that by final grading, prior to installation of any irrigation and plantings, the disturbed areas that are to be revegetated will have protected and/or restored soil permeability to non -compacted soil conditions in the top 12" of soil with no less than 5% soil organic matter content, to comply with Volume Control requirements. These graphical details and notes on soil protection/restoration shall be included in the Stormwater Management Plan and prominently included in all applicable plan sheets (e.g. Erosion & Sediment Control Plan, Grading & Drainage Plan, Utility Plan, Landscape Plan, etc.). Documentation (e.g. representative on-site soil samples) shall be provided to City Water Resources staff to verify approved soil management strategy compliance. 29. Prior to receiving city approval to permit land disturbing activity, the property owner shall enter into a long-term stormwater management system maintenance agreement with the City, detailing the inspection and maintenance required to occur to ensure proper operation and performance of the permanent stormwater management system, in a form acceptable to the City Attorney. Planning Report — New Horizon Academy August 25, 2015 Page 13 30. During sub -surface infiltration system area over -excavation and sub -soil work, the applicant shall ensure that a Certified Soil Scientist will be present to verify and document that practice area sub -soils are suitable for a saturated condition infiltration rate of 1 -inch per hour or greater (but less than 8.0 -inch per hour). If the sub -soil infiltration rates are less than 1 -inch per hour (or greater than 8.0 -inch per hour), the applicant shall immediately notify the City Engineer and revise the volume control practice(s) as necessary (e.g. over-excavation/soil-amendment depth, etc.) to ensure volume control requirements are fully met. At completion of structural/compacted base within each subsurface infiltration system, the applicant shall ensure that a soil scientist will be present to verify and document that the subsurface infiltration system's structural/compacted base is suitable to infiltrate a minimum of 1 -inch per hour or greater in saturated conditions. Documentation shall be provided to the City within 48 -hours after infiltration testing. The applicant shall provide the City Water Resources staff with 24-hour advance notice of the occurrence of infiltration verifications and also prior to any sub -surface chamber placement or backfilling within any of the infiltration practices. 31. Before the city issues a Certificate of Occupancy on the development site, the applicant shall provide the City Engineer as -built plans that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (sumps, infiltration practices, etc.), and soil management strategies conform to design and/or construction plans, as approved by the City. As -built volumes (for retention) shall be provided for all infiltration practices. The applicant shall submit to the City Engineer certification that the stormwater management facilities have been installed in accordance with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. To approve a Variance of 40' to the required 50 -foot setback from a major thoroughfare for property located at 4585 Erin Lane. If approved, the following conditions should apply: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The Applicant shall obtain an approved Building Permit. <1Z LL - 0 0 LO 0 0 J W N 00 W �n v ca LD E > I-- CD `O a L6 Q 6 Q> s o. N W u� .L U P ©= h R a) pO z=a C M EU Z o U d z o t7 N CL 09 fND z� z ^� 3101 Ss3 g�E.Y _ ° rcm - °•.a rm oEinoa cE Es c�;.L Rau_ 4.€-X °E C _€s" o IF 09 fND z� o= 0 9 s T a e e e s Q li z�Pis I I I � rel lid p 1 I a sl `at rc z II Rr_ zJ Riot U cn j 88 55 L ... 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Eagan, MN 55122 RE: New Horizon Academy, 4585 Erin Lane PID: 10-47401-01-020 Conditional Use permit and Variance Request (REVISED) Dear Mike, Thanks for taking the time to meet with me recently to review the above referenced application. Please find attached our application for a Conditional Use Permit and variance for a new New Horizon Academy childcare center, to replace their long standing existing center a few blocks away at 4565 Scott Trail. New Horizon Academy has been an operating business in this area for many years Planning Summary The site is presently zoned CSC and is guided for commercial development, and we expect this to remain. There exists today a long disused Kentucky Fried Chicken restaurant that will be demolished to enable this development. The site is small at 3/4 acre, and irregularly shaped, with a single, immoveable dead-end access point on the north side from Erin Lane. The site is bounded on the south and west by Cliff Road and Cedar Ave, both major arterials, on the north by the Erin Lane access and a short common boundary with a small office building, and on the east by Holiday Gas Station and a McDonalds restaurant. The site is presently depressed below the intersection of Cliff Road and the east side ramps to Cedar Avenue. Proposed Development New Horizon Academy intends a new two story childcare center with the parking configuration similar to that which presently exists on the north, maintaining the existing Erin Lane access. Across the approximate location of the existing structure, the new structure will feature a glassed main entrance stair on the northwestern corner of the building, around a concrete entry plaza. Five of the 31 required parking spaces will be tucked under the second floor, not only allowing a slightly higher density to meet our program needs, but also a covered drop off parking area during inclement weather. The area of the yard facing Cliff Road and the intersection with Cedar avenue is reserved for a fenced play area, combining some sport court play surfaces below the primary playground equipment for pre-schooler's and toddlers, and grass areas. The building will host two infant rooms of 12 children each, two toddler rooms of 14, four pre- school rooms of 20 each, and a school age room accommodating 30, and doubling as an indoor large motor play space. Total maximum capacity is 162 children, and approximately 22 staff, though typically never all at the same time. -1- Rylaur, LLC philger@rylaur.com 14 Pheasant Lane, North Oaks, MN 55127 612.868.3636 www.rylaur.com Architecturally, the building will display the main stair within a glass enclosure to make the passage of kids from the upper levels down a fun experience. An elevator tower constructed of blue glazed block with yellow glazed accents brings in the primary color of New Horizon to the exterior, that is dominated by standing seam bronze metal panels and brick masonry with rockface accents as a base. An analysis of the exterior materials indicates the following material compliance with ordinance (minimum 65% as Class I materials): Total Surface Area: 10.220 SF Class 100.0% Brick 2,013 SF 1 19.7% Glazed Block 1,039 SF 1 10.1% Metal Wall Panel 3,905 SF 1 38.2% Glass 2,464 SF 1 24.0% Other (doors, etc) 817 SF III 8.0% Lot Coverage The lot footprint coverage at 5,220SF is 15.8% of the site area. The Lot Coverage Ratio is 0.36. The site will remain roughly equivalent to present condition in terms of pervious versus impervious coverage, as evidenced by the table below: Total area In boundary sJ. ac. Total area in boundary SJ. ac. 33088 0.76 33088 0.76 Pre Existing Condition Areas POST DevelovmCnt Areas Impervious 23433 0.54 71% Impervious 23793 0.55 720 Ex1sting Parking and Bldg 23433 north parking 13904 building (foot print) 5370 play area -hard surface 4619 Pervious 9655 0.22 29% Pervious 9295 0.21 281A outside parking Int 9655 Outside parkins lot 9295 Variance Request In order to make a reasonable use of the property, a setback variance is required. This request is justified by the unusual geometry and location of the lot on 3 street frontages, two of which are arterial with a 50' setback, and one of which is a 30' setback, resulting in no rear yard and only one side yard from which to theoretically improve one's useable site area. Further, the tapering of the lot, the need to separate parking from play spaces with the building, and the fact that the two primary frontages are significant public ways that can never be privately constructed, a variance to the setback only on the buildings west line facing Cedar is warranted. Consider the following statistics: of the total lot area of 3,088 SF, fully 20,315 SF, or 61.4% is dedicated to setbacks, meaning that a mere 38.6% is useable without a variance for development. If one considers a typical Eagan single frontage lot, or even a more restrictive corner lot of the same size (roughly 150'X 220'), the useable site area ratio is 52% (setting aside a 50730720710' setback of 16,000SF), and for single frontage lot, the ratio is 61 % useable (setting aside a 50'/20'/10710' setback of 13,000SF). Therefore, it can be aptly demonstrated that our size, shape and position with three street frontages puts us at a significant disadvantage over the development rights enjoyed by others within the City. And to the issue of whether this is the minimum variance needed, one of the short sides of the building is setback 10' from the Cedar frontage, rather than 50', but only 1,852 SF of building footprint area encroaches into the setback area, a mere 9% of the entire setback area, and less than half of the worst differential of 20% between a standard Eagan lot and our lot (60% - 40% = 20% "penalty loss"). Please see the variance plan on our submittal for a graphical representation of this request. -2- Rylaur, LLC philger@rylaur.com 14 Pheasant Lane, North Oaks, MN 55127 612.868.3636 www.rylaur.com Summary New Horizon Academy has been an operating business in this area for many years, and expansion is good for New Horizon and for the City. Putting this somewhat blighted property to a higher and better use, and a more urban, two story solution for a prime corner in the City should be our common objective, and we respectfully request approval of our Conditional Use permit, the variance, and the development as a whole. If you have any questions, please advise. Sincerely, A. Peter Hilger, AIA -3- Rylaur, LLC philger@rylaur.com 14 Pheasant Lane, North Oaks, MN 55127 612.868.3636 www.rylaur.com LAU R create + solve + advise August 27, 2015 Mr. Mike Ridley City Planner City of Eagan 3830 Pilot Knob Rd. Eagan, MN 55122 RE: New Horizon Academy, 4585 Erin Lane PID: 10-47401-01-020 Conditional Use permit and Variance request Dear Mike, We appreciate the time and effort of the City staff to move this project along the approval process. Following our meeting with the Planning Commission, I offer the following response to several of the conditions of their approval. 3) The applicant shall submit a revised site plan to reduce the amount of impervious surface coverage to meet the 30% requirement. After further review with our engineer, we believe we can take measures and make refinements to meet this requirement. 10) The landscape plan shall be revised to reflect that the shrubs will be 3' in height at time of planting. While this condition might reflect the present statute, it does not allow for a sound approach to landscaping that use materials in creative or specific ways. In our island within the parking area, we are showing low spreading shrubs that will fill in this island, provide low screening, but most importantly maintain better visual control of the parking lot movements - and "kids" - that taller, denser shrubs you stipulate would obstruct. We could have provided sod, but instead provide a richer textural material. There are numerous examples of successful landscaping that is not 3' high within the City. A balance of high and low growing material should be the objective, and we believe we accomplish this. For the interest in safety and an aesthetic balance, we respectfully request approval of the lower growing materials in the island as designed, with the larger "normal" shrubs specified to be 3' at time of planting. 11) A revised landscape plan shall be submitted to add foundation plantings and to provide screening of the trash enclosure and any ground transformers. Except for the west frontage facing TH77, where we are happy to add some materials, the balance of the building perimeter is either under roof on the north side, or within the play areas on the south. Children and plant materials, particularly shrubs, do not well mix, and it is our policy not to provide foundation plantings within our play areas for child safety reasons, and because the direct means of egress from the building is alongside the building, rounding the east side to the public way as required. -1- Rylaur, LLC philger@rylaur.com 14 Pheasant Lane, North Oaks, MN 55127 612.868.3636 www.rylaur.com 20) The monument sign base shall be constructed of the same materials used for the principal building. At 38.2%, dark bronze metal vertical rib siding comprises the majority of the building materials. We will provide a revised design with a metal "base" - filling the bottom half of the sign, but with only two -post penetration to preserve the existing tree. 23) A paved or concrete sidewalk shall be installed along the west side of the building to provide a means for occupants to exit to the public right of way. While we certainly understand the concerns around this request, there is not a justification in the Minnesota State Building Code to require this, since we already have a dedicated means of egress to the public way. According to MnSBC 1027.5, Safe Dispersal areas are permitted within this area, allowing 5 SF per person, 50' from the building. Using this provision, we can accommodate 374 occupants in a "safe zone", far safer than bringing children alongside a building to a parking lot that is likely to be congested. Further, this side of the building has some challenging grades within the 10' setback, a storm sewer line, desire for foundation plantings, and again increasing, rather than decreasing, the impervious surface area on the lot. While we heartily respect the Fire Marshal's opinion and his intentions, we would ask to make this condition one of "mutual agreement" with the City staff. In other words, let's work this out at the staff level as I believe we can come to agreement. Parking Calculation Contrary to the staff report, we believe we meet the parking standards at 31 stalls, rather than 34 as stipulated. The rationale is based on the simple premise that nearly all childcare centers are single story buildings which do not have two required stairwells and an elevator shaft. While the ordinance for child care does require calculation on "gross area", other uses such as office buildings are based on net leasable area. A two story childcare building that has no more occupants than the equivalent one story building is required by ordinance to have more parking - in our case three stalls that equal the combined area of the stairways and elevator shaft. We request that consideration of our means of calculation be accepted as part of the CUP. Summary New Horizon Academy has been an operating business in this area for many years, and expansion is good for New Horizon and for the City. Putting this somewhat blighted property to a higher and better use, and a more urban, two story solution for a prime corner in the City should be our common objective, and we respectfully request approval of our Conditional Use Permit, the variance, and the development as a whole. If you have any questions, please advise. Sincerely, A. Peter Hilger, AIA Rylaur, LLC philger@rylaur.com 14 Pheasant Lane, North Oaks, MN 55127 61.2.868.3636 www.rylaur.com Agenda Information Memo September 1, 2015, Eagan City Council Meeting NEW BUSINESS C. Planned Development Amendment (Boulder Lake, Outlot B) — Interstate Partners Action To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) a Planned Development Amendment to change the use and Site Plan from two multi -story office buildings to two office/warehouse buildings, upon Outlot B, Boulder Lakes, subject to the conditions listed in the APC minutes. Required Vote For Approval: ➢ At least three votes Facts: ➢ The applicant is proposing to modify the use and Site Plan to allow two single - story office/warehouse buildings totaling 225,756 s.f. ➢ The Preliminary Planned Development was established in 2006, and specified two five -story office buildings on this site. ➢ The 2006 Preliminary PD encompassed the entire boulder Lakes development, consisting of approximately 85 acres. Many of the performance standards were aggregated over the entire 85 acre site. ➢ The parcel is located within the Shoreland Overlay District of Shanahan Lake, and is subject to Shoreland Zoning standards in addition to the base zoning. ➢ The site has a land use designation of Major Office (MO), and the corresponding Research and Development (RD) standards were used as the basis for evaluation of the development proposal, both the present application and in 2006. ➢ As a standalone parcel, the proposed office/warehouse use is not consistent with the MO land use and RD zoning designations, since warehouse is allowed only as an accessory use in RD zoning and not at all within the MO land use designation. ➢ The applicant is requesting the office/warehouse use be considered in the aggregate over the entire PD. If remaining vacant lots develop as specified in the Preliminary PD Agreement, office uses will continue to exceed warehouse uses in the 85 -acre PD overall. The proposed amendment results in expanded building footprints, increased impervious coverage and reduced open space. As with the original Planned Development, these changes were reviewed in the aggregate over the entire Planned Development found to be consistent with what is allowable under typical Shoreland Zoning standards. ➢ The plans provide for stormwater management measures to accommodate additional runoff from the increased impervious surface. ➢ Building architecture appears consistent with the existing Boulder Lakes buildings, however, building finish materials deviate from the required ratio of Class I materials. The applicant requests approval of the elevations as presented. ➢ Prior to Final Planned Development, an updated Wetland Delineation will be required, and revised plans Landscape and Tree Preservation/Mitigation Plans are necessary to demonstrate compliance with City Code requirements. The Advisory Planning Commission held a public hearing on August 25, 2015, and did recommend approval. Issues: None 60 -Day Agency Action Deadline: September 13, 2015 Attachments: (4) NBC -1 Location Map NBC -2 Draft August 25, 2015 APC Minutes NBC -3 Planning Report NBC -4 Report Exhibits 0 0 y d E 00 -a o a i` V O °_' Im U) 7 =a m m w m i i k J o w ® 4) > r -a ■ ® •� (D c s❑ m i m do Gd w 0. 0 ® E R1 Mao v LO Z�.; O O v d Z 0M d 0 0 y LLO 0 0 1� i` V Im U) 7 =a m w m i i k O O ae® i J ■ QZ LLO 0 0 N V U) 7 =a m w m i i k O O IL ma ' v J ■ � LO O Advisory Planning Commission August 25, 2015 Page 9of15 C. Boulder Lakes 3rd Addition Applicant Name: Interstate Partners Location: Outlot B, Boulder Lakes Application: Planned Development Amendment File Number: 01 -PA -06-07-15 Planner Pam Dudziak introduced this item and highlighted the information presented in the City Staff report dated August 19, 2015. Members Piper, Sagstetter and Woebke asked for clarification on the remaining lots for development, the aggregate office/warehouse numbers and the proposed building setback from Shanahan Lake. Planner Dudziak explained. Greg Miller, applicant, provided a brief history of the Boulder'Lakes Planned Development and confirmed that all remaining development.in Boulder Lakes would be office. Member Piper asked the applicant if this more industrial use would generate more truck traffic and noise, thereby having a negative impact on attracting the future office development to the other remaining vacant lots. Mr. Miller stated it would not impact office uses as the office/warehouse buildings proposed would likely have in the range of 15%-30% of office and would not accommodate cross -dock, freight -forwarding type operators. Chair Filipi opened the public hearing. There being no public comment, Chair Filipi closed the public hearing and turned the discussion back to the Commission. Member Piper asked if there was other land supply guided Major Office in the City, and if the office/warehouse numbers could be aggregated over the entire Planned Development. City Planner Ridley explained there would still be an ample supply of land guided for office use. City Attorney Bauer stated that as a Planned Development, the use numbers could be aggregated to maintain consistency with the Guide Plan designation. Member Piper moved, Member Vanderpoel seconded a motion to recommend approval to change the use and Site Plan from two multi -story office buildings to two office/warehouse buildings upon Outlot B, Boulder Lakes, subject to the following conditions: 1. An Amendment to the Boulder Lakes Preliminary Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office. Proof of recording shall be provided to the City. The PD Amendment Agreement shall require the use on the remaining lots within the PD to be preserved as set forth in the original PD Agreement to Advisory Planning Commission August 25, 2015 Page 10 of 15 maintain compatibility with the Major Office land use and Research and Development zoning designations. The PD Amendment Agreement shall include the following exhibits: a) Site Plan 2. A Final 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 Final Planned Development Agreement shall include the following exhibits: a) Final Site Plan b) Final Building Elevations C) Final Landscape Plan d) Final Signage Plan e) Final Site Lighting Plan 3. The property shall be platted. 4. This development shall be subject to RD, Research and Development, zoning district setback requirements. 5. Parking setbacks shall be provided in accordance with the City's zoning code. 6. This site shall provide a minimum 58.5% green space. 7. Parking stalls not be less than 9 feet in width and 19 feet in depth. 8. If additional parking spaces are required by an actual tenant in either building that exceeds the number of parking stalls provided, any additional parking provided in the future shall not reduce total green space. 9. Unless the applicant has determined that actual tenant parking needs exceed minimum City Code requirements, parking should be reduced to minimize impervious coverage and the additional stalls may be shown ,as future proof of parking. 10. A detailed landscape plan shall be submitted at the time of Final Planned Development for each building, overlaid on the grading and utility plans and including a landscape schedule and planting specifications and notes. 11. Outdoor storage shall be prohibited. 12. Monument signage shall be consistent in design with other signage in this Planned Development, and City Code standards. 13. Building Signage shall be consistent with City Code requirements. 14. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City Code Advisory Planning Commission August 25, 2015 Page 11 of 15 15. Building architecture and materials shall comply with the City's architectural standards ordinance. Final Building Elevations shall be revised to provide the minimum 65% Class materials ratio on the three exterior facing elevations of each building. The buildings shall utilize some common architectural features and materials consistent with the other buildings in this Planned Development. 16. Trash and recyclables storage shall be contained internally within each tenant space. Outdoor trash enclosures, Dumpsters, or recycling containers or compactors shall not be allowed. 17. The Applicant shall utilize the same lighting fixtures, or if the same product is not available, provide as close a match as possible to the other developed lots in this Planned Development, and document the comparison to demonstrate the consistency. 18. The Site Lighting Plan shall be revised to provide a minimum 0.5 footcandles throughout all parking lot areas, and an average to minimum ratio that does not exceed 4.0 footcandles. 19. The Planting Plan shall be titled as Landscape Plan and show required landscaping to meet City Code requirements. A separate Combined or Overall, Planting Plan shall also be provided showing both the required Landscaping and proposed Tree Mitigation Plantings on one plan sheet. 20. The Landscape Plan shall include a greater variety of tree species to minimize susceptibility to disease and pests. 21. The Tree Mitigation Plan shall be revised to omit required landscape trees, and provide for required mitigation. 22. This development, should provide for its share of the outstanding mitigation of 65 tree from the initial site development, to be identified on the revised Final Tree Mitigation Plan, and subject to review and approval of the City Forester. 23. The applicant shall fulfill tree mitigation requirements through the installation of 327 Category B trees or equivalent Category A or C trees, or cash amount, and its share of the outstanding mitigation of 65 tree from the initial site development. The mitigation shall be identified on the revised Final Tree Mitigation Plan, and subject to review and approval of the City Forester. Installation of tree mitigation shall be accomplished with the Building Permit, and corresponding financial guarantee provided in accordance with City Code, 24. The applicant shall ensure the survival of preserved trees via protection of the tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater. 25. The applicant shall contact the City Forestry Division and set up a pre -construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 26. All ground and roof -mounted mechanical equipment shall be screened in accordance with the provisions of the City's zoning code. Advisory Planning Commission August 25, 2015 Page 12 of 15 27. All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies. 28. A detailed land disturbance and erosion control plan shall be prepared in accordance with current City land disturbance and erosion control regulations at the time of Building Permit. 29. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 30. The relocation of the public storm sewer on the property shall be in accordance with City Engineering standards. Public drainage & utility easement shall dedicated over the relocated storm sewer, in accordance with City standards. 31. The applicant shall fully meet Minn. Rules Ch. 8420 (Wetland Conservation Act requirements) and City Code §11.67 (Wetlands Protection and.Management Regulations). 32. This development shall meet the City's Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1" Volume Control on the site's new and fully -reconstructed impervious surface area (including effective soil remediation for the site's disturbed soils that are to be revegetated). 33. The applicant shall provide unobstructed equipment access paths (without obstructions from grading, private rUtilities, trees/branches, large shrubs, etc.), from street -edge to all surface stormwater facilities' inlets/outlets. The unobstructed equipment access path shall be capable of supporting typical maintenance / excavation equipment, for periodic maintenance access to the surface storm water facilities. 34. The applicant shall provide adequately sized pre-treatment (forebays, catch basin 4' sumps, etc.) at, or immediately upstream of, all stormwater management facility inlets to provide for effective capture and easily -accessible cleanout of fine -sand sized particles. Details shall be included in applicable plan sheet(s). 35. Prior to receiving city approval to permit land disturbing activity: a) The applicant shall provide the City with soil boring logs from a minimum of two soil - borings within any proposed infiltration area, extending a minimum of 10' below the bottom of the proposed infiltration feature, to evaluate and ensure suitability for infiltration. If the soil boring logs indicate incompatibility of existing sub -soil permeability with the submitted and reviewed design plans for meeting volume control requirements, the applicant shall revise the design and/or construction plans (e.g. over-excavation/soil- amendment depth, etc.) to ensure volume control requirements are fully met. Advisory Planning Commission August 25, 2015 Page 13 of 15 b) The applicant shall provide construction details of proposed infiltration basins for City review/acceptance by the City Engineer and include in construction plans. Construction details shall include infiltration basin cross-section(s), construction sequencing/protection/restoration notes, sizing/volume tables, details for stable inlets/outlets/emergency overflows, unobstructed inspection/maintenance access areas to inlets/outlets, soil amendment criteria, live planting/seeding/temporary & permanent erosion -control details, etc., to ensure infiltration practice is properly designed, constructed, planted, and adequately protected during / after construction to prevent clogging, and able to be properly maintained (e.g. unobstructed equipment access, etc.) to function as intended. These graphical details and notes shall be prominently included in all applicable plan sheets (e.g. Erosion & Sediment Control Plan, Grading Plan, Utility Plan, Landscape Plan, etc.). c) The applicant shall provide construction details of proposed sub -surface infiltration systems for City review/acceptance by the City Engineer and include in construction plans. Construction details shall include infiltration system cross-section(s), construction sequencing/protection/restoration notes, sizing/volume tables, details for inlets/outlets, unobstructed inspection/maintenance access"to inlets/outlets, header row and pipe gallery, etc., to ensure sub -surface infiltration system is properly designed, constructed, and adequately protected during / after construction to prevent clogging, and able to be properly accessed, inspected and maintained to function as intended. These graphical details and notes shall be prominently included in all applicable' plan sheets (e.g. Grading Plan, Utility Plan, etc.). d) The property owner shall provide detailed Soil Management Strategies for City review, and acceptance by the City Engineer, that provide clear assurances that by final grading, prior to installation of any irrigation and plantings, the disturbed areas that are to be revegetated will have protected and/or restored soil permeability to non -compacted soil conditions with no less than 5% soil organic matter content, to comply with Volume Control requirements. These graphical details and notes on soil protection/restoration shall be prominently included in all applicable plan sheets (e.g. Erosion & Sediment Control Plan, Grading ;Plan, Utility Plan, Landscape Plan, etc.) and also clearly described in the Stormwater Management Plan. Documentation (e.g. soil organic matter/bulk density testing of representative on-site soil samples) shall be provided to City Water Resources staff to verify approved soil management strategy compliance, prior to installation of irrigation or landscape plantings. e) The property owner shall enter into a long-term stormwater management system maintenance agreement with the City, detailing the inspection and maintenance required to occur to ensure proper operation and performance of the permanent stormwater management system, in a form acceptable to the City Attorney. 6. During infiltration practice over -excavation and sub -soil work, the applicant shall ensure that a Certified Soil Scientist will be present to verify and document that for each infiltration practice area sub -soils are suitable for a saturated condition infiltration rate of 1 -inch per hour or greater (but less than 8.0 -inch per hour). If the sub -soil infiltration rates are less than 1 -inch per hour (or greater than 8.0 -inch per hour), the applicant shall immediately notify the City Engineer and revise the volume control practice(s) as necessary (e.g. over- excavation/soil-amendment depth, etc.) to ensure volume control requirements are fully met. At completion of final grading within each surface infiltration basin, but prior to planting, the Advisory Planning Commission August 25, 2015 Page 14 of 15 applicant shall ensure that a soil scientist will be present to verify and document that the infiltration practice is suitable to infiltrate a minimum of 1 -inch per hour or greater in saturated conditions. At completion of compacted base within each subsurface infiltration system, the applicant shall ensure that a soil scientist will be present to verify and document that the subsurface infiltration system's compacted base is suitable to infiltrate a minimum of 1 -inch per hour or greater in saturated conditions. Documentation shall be provided to the City within 48 -hours after infiltration testing. The applicant shall provide the City Water Resources staff with 24-hour advance notice of the occurrence of infiltration verifications and also prior to any soil backfilling within any of the infiltration practices. 37. Before the city issues a Certificate of Occupancy on the development site, the applicant shall provide the City Engineer as -built plans that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (sumps, infiltration practices, etc.), and soil management strategies conform to design and/or construction plans, as approved by the City. As -built volumes (for retention) shall be provided for all infiltration practices. The applicant shall submit to the City Engineer certification that the stormwater management facilities have been installed in accord with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. 38. This development shall dedicate 10 -foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 39. The developer shall provide private utility easements and/or maintenance agreements for all private water mains, in a form acceptable to the City Attorney, prior to the issuance of a Building Permit. 40. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 41. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the premises (FTTP). This development shall include the installation of fiber optic cable, or a conduit for future installation, in its construction plans at the time of Building Permit. 42. The developer shall provide private cross -easements for ingress/egress and shared parking, in a form acceptable to the City Attorney, prior to the issuance of a Building Permit. 43. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to the issuance of a Building Permit. 44. This development is responsible for a cash park dedication, payable at the time of Building Permit at the rates then in effect. Trail dedication was satisfied in full with the initial development through Public Improvement Project No. 952. All voted in favor. Motion carried 7-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: August 19, 2015 APPLICANT: Interstate Partners PROPERTY OWNER: Eagan Heights, LLC REQUEST: Planned Development Amendment CASE: 01 -PA -06-07-15 HEARING DATE: August 25, 2015 APPLICATION DATE: July 15, 2015 PREPARED BY: Pam Dudziak LOCATION: North of Lone Oak Rd. and East of Ames Crossing Rd. COMPREHENSIVE PLAN: SA/MO, Special Area/Major Office ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment to change the use and Site Plan from two multi -story office buildings to two office/warehouse buildings, upon property located north of Lone Oak Road and East of Ames Crossing Road, legally described as Outlot B, Boulder Lakes. AUTHORITY FOR REVIEW Chapter 11, Section 11.50, Subdivision 5 states, in part, 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. BACKGROUNDMISTORY The site has been zoned PD since the early 1990's. The current Planned Development for the property was established in 2006, and included multiple parcels totaling approximately 85 acres located north of Lone Oak Road just west of the Inver Grove Heights border. The initial term of the Preliminary PD was five years, and which has been extended to November 9, 2016. Planning Report — Boulder Lakes Outlot B August 25, 2015 Page 2 The subject site is a 43 -acre outlot, platted with the first phase of the Boulder Lakes development in 2006. To date, two buildings in the Boulder Lakes PD have been constructed and three other parcels as well as the subject site remain vacant. Access to the property is provided via Ames Crossing Road to the west, and via private street Shanahan Way to the south. Dedicated public right-of-way exists along the north edge of the site for a future extension of a public street east - west through the site between Ames Crossing Road and the Inver Grove Heights border. EXISTING CONDITIONS The subject site consists of a 43 -acre outlot, which was platted as such with the initial subdivision of Boulder Lakes in 2007. The site is fronted by a city owned two lane undivided collector roadway, Ames Crossing Road, to the west, and a private road, Shanahan Way, to the south. The property is also located in the Shoreland Overlay District of Shanahan Lake, a general development lake and DNR protected waterbody. The southern half of the site is generally open. The northern half is heavily treed and has several stormwater ponds and wetlands. Tree removal occurred with the initial site development, and some portion of tree mitigation is yet to be accomplished as the remaining vacant lots develop. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Description of Proposal — The applicant is proposing to modify the Preliminary Planned Development for this site to allow a change to the use and Site Plan. The proposed PD Amendment changes the use of the property from multi -story office to single -story office/ warehouse. The proposed office/warehouse buildings have less total building area, but larger building footprints. The 2006 Preliminary PD utilized the RD zoning district for comparable development standards. The RD zoning standards are also applied in this evaluation. Compatibility with Surrounding Area — The subject site is guided Special Area/Major Office, which is intended to accommodate "a mix of corporate office buildings, research and development facilities, educational/ vocational institutions, and hotels. Warehouse and storage Existing Use Zoning Land Use Designation North Vacant; cultivated A, Agricultural SA/MO, Special Area/ Major Office East Vacant (IGH) Agricultural Low -Medium Density Residential South Office/Warehouse PD, Planned Development SA/MO, Special Area/ (Boulder Lakes) Major Office West Office (MISO & PD, Planned Development SA/MO, Special Area/ Ecolab) I Major Office EVALUATION OF REQUEST Description of Proposal — The applicant is proposing to modify the Preliminary Planned Development for this site to allow a change to the use and Site Plan. The proposed PD Amendment changes the use of the property from multi -story office to single -story office/ warehouse. The proposed office/warehouse buildings have less total building area, but larger building footprints. The 2006 Preliminary PD utilized the RD zoning district for comparable development standards. The RD zoning standards are also applied in this evaluation. Compatibility with Surrounding Area — The subject site is guided Special Area/Major Office, which is intended to accommodate "a mix of corporate office buildings, research and development facilities, educational/ vocational institutions, and hotels. Warehouse and storage Planning Report — Boulder Lakes Outlot B August 25, 2015 Page 3 uses are only allowed as accessory uses." The Major Office designation is considered compatible with the A, Agricultural and RD, Research and Development, zoning districts. Two of the lots in the Boulder Lakes PD have developed with office uses totaling 145,846 s.f. and 19,000 s.f. of warehouse. The Preliminary PD identifies the remaining lots to develop with a total of 116,000 s.f. office and 13,000 s.f. warehouse. The PD Amendment reduces the building area on Outlot B from 350,000 s.f. to 225,756 s.f. However, rather than being all office space, the PD Amendment proposes 56,000 s.f. office and 169,756 s.f. warehouse. As a standalone development, the proposal for this outlot is not consistent with the intent of the MO land use designation, or with the corresponding RD zoning standards as the RD zoning does not allow warehouse uses and the Major Office designation allows warehouse only as an accessory use. The applicant is proposing the development to be considered in a comprehensive way with the overall Boulder Lakes PD, in that the remaining lots will develop in accordance with the Preliminary Plan, thus resulting in an aggregate amount where office will exceed total warehouse space (261,846 s.£ office and 201,756 s.f. warehouse). Public Benefit — The applicant's narrative indicates that the proposed amendment will allow "high quality office/warehouse building that can attract new employers to the area. In addition, the proposed development will maintain the City's existing businesses by giving them newer and more functional space to move to within the City" and amending the PD to allow the change in use and type of buildings will "accelerate the development" of this business park. The applicant states that the site is unlikely to attract the type of office development the existing PD designates it for due to the availability of superior office sites within this area relative to the market demand for the foreseeable future. Airport Compatibility — The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. The current noise policy contours place this site within the buffer zone of Noise Zone 4. The Met Council's land use compatibility guidelines consider office and warehouse uses to be compatible in this zone. Final Plat — The applicant has submitted a Final Plat application in conjunction with this PD Amendment. The property should be replatted as a lot, with appropriate easements dedicated as required by City ordinance. Lots — The site is proposed to remain a single parcel. Typically, a separate lot is required for each building; however, more than one building on a single lot can be accommodated within PD zoning. The Preliminary PD for this parcel did anticipate two buildings on this one lot, and the proposed PD Amendment maintains that condition with two buildings proposed on this one lot. Shoreland Zoning Standards — The site lies within the shoreland overlay district of Shanahan Lake, a general development State DNR waterbody. The lake and surrounding wetlands occupy the northern portion of the site. Planning Report — Boulder Lakes Outlot B August 25, 2015 Page 4 The Shoreland Ordinance is applied as an overlay in conjunction with the base zoning of the property. The purpose and intent of the shoreland ordinance is "to regulate the use and development of shorelands of public waters to preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands and provide for effective and efficient use of waters and related land resources." The shoreland zone extends 1,000 feet from the Ordinary High Water Level of the protected lake. In addition to standard zoning requirements, the shoreland zoning ordinance contains provisions regarding density, vegetation removal, open space, setbacks, and impervious surface coverage and building height. The shoreland ordinance allows for impervious coverage to exceed 25% with a conditional use permit, or as part of a Planned Development in lieu of a conditional use permit, provided "the City has approved and implemented a community -wide stormwater management plan ... and required the necessary water quality mitigation features to meet non -degradation standards for phosphorous for the nearest downstream recreational water body." In addition, for Commercial Planned Developments, Shoreland Zoning allows density increases based on a five -tier structure. This tiered density evaluation is provided on Plan Sheet Ll. 1. To summarize, the site area within the Shoreland District is 1,927,033 s.£, and the total allowable tiered density within the Shoreland District calculates to 1,020,738 s.f. (53%). However, Shoreland Zoning also requires that a minimum of 50% green space be provided within the Shoreland Zoning. The 2006 Planned Development exceeded 25% impervious coverage, and included stormwater management and water quality treatment facilities to mitigate those impacts. Also, building setbacks from Shanahan Lake were double the minimum required. The multi -story office buildings exceeded the maximum building height of 35' established for Shoreland Zoning. The proposed PD Amendment reduces building height to less than 3.5', which is consistent with Shoreland Zoning standards. Stormwater management and water quality treatment facilities are proposed and designed to meet current City stormwater management standards. The proposed facilities and standards are discussed in greater detail in in the Stormwater and Water Quality section later in this report. Bulk Standards — Many of the bulk standards were aggregated over the entire PD site due to the lake and wetland areas on the northern portion of the site, and tiered density allowances of the Shoreland zoning ordinance. As a result, the evaluation of the proposed PD Amendment takes into account the existing and planned future development throughout the rest of the Planned Development to determine the net or aggregate impact of the proposed Amendment. Setbacks — Within the existing Preliminary PD, building setbacks from the lake were more than double the minimum required. The current PD Amendment proposes building setbacks that meet the minimum 50' required. The new proposal involves a larger building footprint that pushes further to the east. Typical building setbacks applicable in RD zoning continue to be satisfied. Planning Report — Boulder Lakes Outlot B August 25, 2015 Page 5 Building Coverage — Proposed building coverage is 225,756 s.£, or 15.2% of Outlot B. While total building square footage is proposed to decrease, the larger building footprints result in a net increase in coverage from the Preliminary PD. The Preliminary PD Agreement proposed 70,000 s.f. of building coverage on this parcel. While this is a net increase in building coverage of 155,756 s.£, the resulting ratio is less than the 20% maximum typically allowed in RD zoning. Open Space — Shoreland zoning requires at least 50% of the project area to be preserved as open space, and at least 50% of the Shore Impact Zone shall be preserved in its natural state. The Shore Impact Zone for this lake extends 25 feet from the OHWL. Open space shall include areas with physical characteristics unsuitable for development in their natural state. These shoreland performance standards were aggregated over the entire 85 - acre Planned Development at the time it was established in 2006. Within the Planned Development overall, these standards were considered to be satisfied. Within the Shoreland Overlay District, only land area above the Ordinary High Water Level may be included in the lot area. For this parcel, Outlot B, the land area above the OHWL is 1,481,707 s.f. This is also the base lot area for determining other performance standard ratios such as building coverage and impervious surface coverage. Within Outlot B, the PD Amendment proposes 58.5% of pervious area/green space. This level of pervious area/green space is consistent with the Shoreland Zoning standard of a minimum 50% open space, and exceeds the typical RD zoning standard of 25% minimum green space. Impervious Coverage — In the 2006 Preliminary PD, impervious coverage and green space ratios were aggregated over the entire 85 -acre site, providing 68% green space. Overall a net increase of 351,056 s.f. impervious coverage is proposed with this Amendment. The proposed aggregate impervious coverage is 1,803,933 s.£ as compared to 1,452,877 s.£ impervious in the 2006 Preliminary PD. Based on the tiered calculations within the Shoreland District and the planned future development on other parcels within this PD, an aggregate allowable impervious coverage is 1,811,232 s.f. Thus, the proposed aggregate impervious is less than the allowable. Site Plan — The site plan shows two rectangular single -story office/warehouse buildings with parking around the perimeter, and a shared loading/maneuvering area in between. The 2006 approved PD provided for two buildings on a single parcel, as does this Amendment. Access to the site is from Ames Crossing Road to the west and Shanahan Way to the south. Minimum building setbacks are satisfied, and the site design contains the truck dock area between the buildings, with limited views from off the property. Additional screening of the loading area is provided by landscaping at the east end. Parkin — The proposed PD Amendment utilizes 10' x 19' parking stalls, which is consistent with typical City Code standards. Drive aisles are 24' in width, consistent with City Code. Parking setbacks exceed 20' adjacent to Ames Crossing Road, a public street; parking setbacks Planning Report — Boulder Lakes Outlot B August 25, 2015 Page 6 are less than 20' from Shanahan Way, which is a private street and setbacks less than 20' are acceptable from a private street. A total of 487 parking stalls are required; 547 parking stalls are provided, a surplus of 60 stalls. Required off-street parking per City Code is one stall for each 150 s.f. of net leaseable office space, and 15 stalls for the first 6,000 s.f. of warehouse space plus one stall per each 1,000 s.f. of warehouse space thereafter. Proposed net leaseable office for the two buildings calculates to 44,800 s.f., requiring 299 parking stalls. The remaining warehouse space totals 169,756 s.£, requiring 188 stalls. Unless the applicant has determined that actual tenant parking needs exceed minimum City Code requirements, parking should be reduced to minimize impervious coverage and increase green space. Signage — A monument sign is proposed at the southwest corner of the site. Each lot is provided one free-standing monument sign. The submitted plans show a monument sign having a base of two stone supports, with a sign face having individually mounted letters on a steel beam backdrop. The Boulder Lakes development name is at the top of the sign, with tenant names provided below. This is consistent in design with the other monument signage within this Planned Development. Building Address Numbers — Building address numbers should be installed consistent with the provisions of Section 2.78 of City Code. Building Elevations/Architecture — The proposed buildings are 30' in height. Building Architecture and materials appear to be consistent with the Preliminary PD Agreement. The Preliminary PD requires that all buildings within the PD utilize common architectural features and materials. The building is proposed to be finished with brick, glass and precast panels. The architectural design and features are consistent with the existing buildings in Boulder Lakes. Brick pillars flank the building entries which are framed with a cornice and metal canopy. Proposed Class I materials consist of brick (two types and colors) and glass comprising 55-56% of the finish on two sides of each building. Precast panels are a Class III material and make up the bulk of the remaining fmish. The precast panels include an embedded soldier course of thin brick, which the architect has counted in the Class I fmish ratio. The northeast (side) elevation of both buildings and the facades facing the interior truck court consist of primarily of precast panels (87% and 80% respectively). While the architectural design of the buildings appears consistent with the established architecture in this Planned Development, the proposed materials fall short of the minimum ratio of 65% Class I materials. This maybe appropriate in the truck court area which must accommodate several openings for overhead doors, and is less visible from off the site. However, the other three elevations of each building should meet the 65% Class materials ratio. As proposed, the building elevations are a deviation to City Code standards, the acceptability of which is a policy matter to be determined by City officials. Planning Report — Boulder Lakes Outlot B August 25, 2015 Page 7 Trash/Recycling Enclosure — The submitted building plans note that garbage and recycling is to be contained internally within each tenant spaces. As such, this development should have no outdoor trash enclosures, Dumpsters, or recycling containers or compactors. Site Lighting — The Planned Development requires that lighting fixtures shall be consistent throughout the development. The proposed fixtures appear similar, but are a different specification than for the existing building(s?). The Applicant should utilize the same fixtures, or if the same product is not available, provide as close a match as possible and document the comparison to demonstrate the consistency. The Site Lighting Plan proposes a combination of pole mounted and wall mounted light fixtures. The plan is consistent with existing development in that parking lot fixtures are mounted at 25' and wall packs mounted on the building. The Site Lighting Plan should be revised to provide a minimum 0.5 footcandles throughout all parking lot areas. In addition, the average to minimum ratio, a measure of light uniforinity, should not exceed 4.0 footcandles. Finally, light levels should not exceed 1.0 footcandle at property lines. The proposed photometric plan shows areas of low illumination, below 0.5 footcandles, particularly in the north and south parking lots. This contributes to high average to minimum ratios in the north and south parking lots, which identify a minimum illumination level of 0.1 footcandle. The plan appears not to exceed the 1.0 footcandle maximum illumination at property lines. Landscapes — A Planting Plan was provided which identifies foundation plantings of a variety of shrubs and perennials. Five species of trees are proposed with two species of spruce concentrated along the east and west edges of the site to screen views into the truck dock area. Additional deciduous species include willow, honeylocust and catalpa. A greater variety of trees, especially the coniferous trees, should be utilized to minimize susceptibility to disease and pests. All of the proposed trees are designated as fulfilling tree mitigation requirements, which is not acceptable. City Code requires tree mitigation to be provided in addition to required landscaping. Landscape requirements pertain to required screening and parking lot islands, and in conjunction with other plant materials, an amount equivalent to 3% of the building value. The Planting Plan should be titled as Landscape Plan and show required landscaping to meet City Code requirements. The Landscape Plan should include a greater variety of tree species to minimize susceptibility to disease and pests. A separate Combined or Overall Planting Plan should also be provided differentiates both the required Landscaping and proposed Tree Mitigation Plantings on one plan sheet. Tree Preservation — Initial site development of the original Boulder Lakes site was given an allowable removal in accordance with a two -phased development of 47.5%. At that time woodlands were removed to prepare each lot for future development. The 2007 development contract allocated 65 mitigation trees to be installed at the time construction occurs on this parcel and two others in the subdivision. This development should provide for its share of this Planning Report — Boulder Lakes Outlot B August 25, 2015 Page 8 outstanding mitigation, to be identified on a revised Final Tree Mitigation Plan, and subject to review and approval of the City Forester. With this application the Tree Preservation Plan L3.0 indicates that an additional 81,641 square feet of significant woodland will be removed for this specific development. Because the original site development exceeded allowable removal percentages, a 0% allowable removal amount is applied to this application. The resulting required tree/woodland mitigation (based on a 0% allowable) calculates to three -hundred twenty-seven (327) Category B trees, or an equivalent amount of Category A and/or Category C trees, or cash amount, as well as this parcel's share of the outstanding mitigation from the initial site development The Tree Mitigation Plan should be revised to omit required landscape trees, and provide for additional required mitigation, both the outstanding mitigation from the initial site development and the mitigation from the current proposed removal, as identified above. The applicant should ensure the survival of preserved trees via protection of the tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater. The applicant should contact the City Forestry Division and set up a pre -construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. Mechanical Equipment — City Code requires that all ground and roof -mounted mechanical equipment be fully screened. Landscape screening may suffice for ground equipment. Where transformers, generators, or other ground equipment is located, a solid landscape or structural screen is required. Such equipment and screening should be identified on the plans for Building Permit. On new construction, a minimum 30" parapet or screen wall is required, and rooftop mechanical units must be placed at least 20' from the edge of the building. The building roof plans identify a rooftop equipment location band that is 20' from the building edge, and a parapet that exceeds the minimum 30" height. Individual tenants will determine the type and exact placement of rooftop equipment. Compliance with placement and screening standards should be shown on the plans and demonstrated at the time of Building Permit. Topography/Grading — Site grading, the installation of water and sewer service stubs, and the construction of stormwater ponds to serve the development were constructed with previous development. The site generally slopes to the middle of the site with elevations ranging from 930 to 875. The majority of the southern half of the site will be disturbed for the proposed buildings and parking lot. The preliminary grading plan is acceptable. Planning Report – Boulder Lakes Outlot B August 25, 2015 Page 9 All public and private streets, drainage systems, and utilities necessary to provide service to this development should be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies. A detailed land disturbance and erosion control plan should be prepared in accordance with current City land disturbance and erosion control regulations at the time of Building Permit. All erosion/sediment control plans submitted for development and grading permits should be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, should have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. Wetlands – Because there are wetlands on site, Minnesota Wetland Conservation Act Rules (Minn. Rules Ch. 8420) and Eagan's Wetland Protection and Management Regulations (City Code § 11.67) apply to this development proposal. Accordingly, a Certified Wetland Delineator must delineate the wetlands boundaries on the property, and the delineation report must include data from a Minnesota Routine Assessment Method in order for the City to classify the wetland for appropriate management purposes. The developer has not yet submitted a wetland delineation report, therefore the current proposal does not meet Minn. Rules Ch. 8420 or City Code § 11.67 requirements. The subject property is within the Shoreland Overlay District of Shanahan Lake (DNR# 19- 0054), which is classified for management as L2 — Fishing, Canoeing by Eagan's Water Quality and Wetland Management Plan (2007). Stormwater runoff from the development area drains to the lake. Storm Water Management/Water Quality and Stormwater Drainage – The preliminary storm drainage plan is acceptable, with modification. The entire site lies within Drainage District F (as designated in the City Storm Water Management Plan – 2007). The applicant proposes to create approximately 14.79 acres of new impervious surface, with an additional 5.8 acres of disturbed/grades soils to be revegetated, on the approximately 43.23 -acre site which is within the direct drainage area to Shanahan Lake. This new development will need to comply with the City's Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1" Volume Control. The applicant proposes to meet City stormwater requirements through the construction of three large infiltration basins and two underground infiltration chamber systems, with pre-treatment provided by seven sump manholes at the inlets and outlets of the infiltration basins, and soil Planning Report — Boulder Lakes Outlot B August 25, 2015 Page 10 remediation for the 5.8 -acres of disturbed/graded soil areas (to be revegetated) to restore soil permeability. Eagan Water Resources staff has reviewed the applicant's plans, stormwater design summary and modeling provided for stormwater management and finds the proposed plans to meet City Code §4.34 Stormwater Management Requirements are acceptable with conditions to ensure infiltration capacity and capability, stable inlet, effective pre-treatment, effective soil remediation to restore soil permeability (on all disturbed soils that are to be revegetated), construction techniques, staging and oversight, and future maintenance for continued function. The applicant proposes to relocate public storm sewer along the east edge of the property to accommodate construction of retaining walls and an infiltration basin in that area. The relocation of the storm sewer should be in accordance with City Engineering standards. Public drainage & utility easement should be dedicated over the relocated storm sewer, in accordance with City standards. Sanitary Sewer/Water Main — Lateral sanitaiy sewer and water main service stubs of sufficient size, depth, and capacity are available for connection by development at the west side of the site. The preliminary utility plan is acceptable, with modification. Sanitary sewer District N (as designated in the City's Comprehensive Sanitary Sewer Plan) serves the entire site. The water mains seining the site are intended to be privately owned and maintained. They connect to private water mains in the lots to the south and loop through the development. The developer should provide private utility easements and/or maintenance agreements for all private water mains, in a form acceptable to the City Attorney, prior to the issuance of a Building Permit. This development should provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. In 2004, the Eagan Technology Task Force recommended that broadband and fiber optic telecommunications networks be expanded in the city wherever possible. The applicant should submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the premises (FTTP) The applicant should provide such a plan for review and approval by City staff. This development should include the installation of fiber optic cable, or a conduit for future installation, in its construction plans prior to the issuance of a Building Permit. Streets/Access /Pedestrian Circulation — This property has direct public street access to Acnes Crossing Road, a commercial/ industrial street that extends form Lone Oak Road to O'Neill Drive. Access is also proposed to the private street, Shanahan Way, to the south. The developer should provide private cross -easements for ingress/egress, in a form acceptable to the City Attorney, prior to the issuance of a Building Permit. A public trail is located along the east boulevard of Ames Crossing Road, and the north boulevard of Shanahan Way. No additional pedestrian facilities are proposed. Planning Report — Boulder Lakes Outlot B August 25, 2015 Page 11 Easements — Public drainage & utility easement was dedicated over all of Outlot B with the Boulder Lakes Addition. The property owner has petitioned the City to vacate this easement, and will re -dedicate all necessary public easements with the re -platting of the property. This development should be responsible for the acquisition of all regulatory agency pen -nits required by the affected agency prior to the issuance of a building permit. Financial Obli ag tion - At this time, there are no pending assessments on this parcel, and trunk and lateral utility charges were paid with previous development. Parks and Recreation — The property was platted in 2007 and at that time, was identified for park and trail dedication at the time of development. Trail dedication was satisfied in full with the initial development through Public Improvement Project No. 952. Park dedication is based on building size and is payable at the time of Building Permit at the rates then in effect. The 2015 Fee Schedule lists the rate for park dedication at $895 for each 1,000 s.f. of building area. SUMMARY/CONCLUSION The applicant is requesting approval of a Planned Development Amendment to change the use and Site Plan on the subject site from two multi -story office buildings to two office/warehouse buildings, upon Outlot B, Boulder Lakes, located north of Lone Oak Road and East of Ames Crossing Road. A Final Plat application also has been submitted to replat this outlot as a lot. The proposed office/warehouse use for this outlot alone is not consistent with the intent of the Major Office (MO) land use designation, or with the corresponding Research and Development (RD) zoning standards as the RD zoning does not allow warehouse uses and the Major Office designation allows warehouse only as an accessory use. The applicant is proposing the development to be considered with the overall Boulder Lakes PD. If remaining lots in the PD develop consistent with the Preliminary PD, the amount of proposed warehouse space would remain less than the total amount of office space in the aggregate. The site is within the Shoreland Overlay District of Shanahan Lake. The Preliminary Planned Development aggregated many of the site bulls standards over the entire 85 -acre development. The proposed changes of expanded building footprints, increased impervious coverage and reduced open space on this parcel were considered in that context, and found to be consistent with what is allowable under typical Shoreland Zoning standards. The plans provide for stormwater management measures to accommodate the additional runoff from the increased impervious surface, and to meet current City Code standards. The proposal results in additional tree removal and corresponding tree mitigation, which is not fully accommodated in the submitted plans. Building architecture and design appears to be consistent with the established theme in this Planned Development, however, building finish materials ratios deviate from typical zoning standards. The proposed Amendment would amend the Planning Report — Boulder Lakes Outlot B August 25, 2015 Page 12 existing Preliminary Planned Development. A Final Planned Development incorporating revised Final Plans will be required prior to construction. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to change the use and Site Plan from two multi -story office buildings to two office/warehouse buildings, upon property located north of Lone Oak Road and East of Ames Crossing Road, legally described as Outlot B, Boulder Lakes. If approved the following conditions shall apply: An Amendment to the Boulder Lakes Preliminary Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office. Proof of recording shall be provided to the City. The PD Amendment Agreement shall require the use on the remaining lots within the PD to be preserved as set forth in the original PD Agreement to maintain compatibility with the Major Office land use and Research and Development zoning designations. The PD Amendment Agreement shall include the following exhibits: a. Site Plan 2. A Final 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 Final Planned Development Agreement shall include the following exhibits: a) Final Site Plan b) Final Building Elevations c) Final Landscape Plan d) Final Signage Plan e) Final Site Lighting Plan 3. The property shall be platted. 4. This development shall be subject to RD, Research and Development, zoning district setback requirements. 5. Parking setbacks shall be provided in accordance with the City's zoning code. 6. This site shall provide a minimum 58.5% green space. 7. Parking stalls not be less than 9 feet in width and 19 feet in depth. 8. If additional parking spaces are required by an actual tenant in either building that exceeds the number of parking stalls provided, any additional parking provided in the future shall not reduce total green space. Planning Report — Boulder Lakes Outlot B August 25, 2015 Page 13 9. Unless the applicant has determined that actual tenant parking needs exceed minimum City Code requirements, parking should be reduced to minimize impervious coverage and the additional stalls may be shown as future proof of parking. 10. A detailed landscape plan shall be submitted at the time of Final Planned Development for each building, overlaid on the grading and utility plans and including a landscape schedule and planting specifications and notes. 11. Outdoor storage shall be prohibited. 12. Monument signage shall be consistent in design with other signage in this Planned Development, and City Code standards. 13. Building Signage shall be consistent with City Code requirements. 14. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City Code 15. Building architecture and materials shall comply with the City's architectural standards ordinance. Final Building Elevations shall be revised to provide the minimum 65% Class materials ratio on the three exterior facing elevations of each building. The buildings shall utilize some common architectural features and materials consistent with the other buildings in this Planned Development. 16. Trash and recyclables storage shall be contained internally within each tenant space. Outdoor trash enclosures, Dumpsters, or recycling containers or compactors shall not be allowed. 17. The Applicant shall utilize the same lighting fixtures, or if the same product is not available, provide as close a match as possible to the other developed lots in this Planned Development, and document the comparison to demonstrate the consistency. 18. The Site Lighting Plan shall be revised to provide a minimum 0.5 footcandles throughout all parking lot areas, and an average to minimum ratio that does not exceed 4.0 footcandles. 19. The Planting Plan shall be titled as Landscape Plan and show required landscaping to meet City Code requirements. A separate Combined or Overall Planting Plan shall also be provided showing both the required Landscaping and proposed Tree Mitigation Plantings on one plan sheet. 20. The Landscape Plan shall include a greater variety of tree species to minimize susceptibility to disease and pests. Planning Report — Boulder Lakes Outlot B August 25, 2015 Page 14 21. The Tree Mitigation Plan shall be revised to omit required landscape trees, and provide for required mitigation. 22. This development should provide for its share of the outstanding mitigation of 65 tree from the initial site development, to be identified on the revised Final Tree Mitigation Plan, and subject to review and approval of the City Forester. 23. The applicant shall fulfill tree mitigation requirements through the installation of 327 Categoiy B trees or equivalent Categoiy A or C trees, or cash amount, and its share of the outstanding mitigation of 65 tree from the initial site development. The mitigation shall be identified on the revised Final Tree Mitigation Plan, and subject to review and approval of the City Forester. Installation of tree mitigation shall be accomplished with the Building Permit, and corresponding financial guarantee provided in accordance with City Code, 24. The applicant shall ensure the survival of preserved trees via protection of the tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater. 25. The applicant shall contact the City Forestry Division and set up a pre -construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 26. All ground and roof -mounted mechanical equipment shall be screened in accordance with the provisions of the City's zoning code. 27. All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies. 28. A detailed land disturbance and erosion control plan shall be prepared in accordance with current City land disturbance and erosion control regulations at the time of Building Permit. 29. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. Planning Report — Boulder Lakes Outlot B August 25, 2015 Page 15 30. The relocation of the public storm sewer on the property shall be in accordance with City Engineering standards. Public drainage & utility easement shall dedicated over the relocated storm sewer, in accordance with City standards. 31. The applicant shall fully meet Minn. Rules Ch. 8420 (Wetland Conservation Act requirements) and City Code § 11.67 (Wetlands Protection and Management Regulations). 32. This development shall meet the City's Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1" Volume Control on the site's new and fully -reconstructed impervious surface area (including effective soil remediation for the site's disturbed soils that are to be revegetated). 33. The applicant shall provide unobstructed equipment access paths (without obstructions from grading, private utilities, trees/branches, large shrubs, etc.), from street -edge to all surface stormwater facilities' inlets/outlets. The unobstructed equipment access path shall be capable of supporting typical maintenance / excavation equipment, for periodic maintenance access to the surface storm water facilities. 34. The applicant shall provide adequately sized pre-treatment (forebays, catch basin 4' sumps, etc.) at, or immediately upstream of, all stormwater management facility inlets to provide for effective capture and easily -accessible cleanout of fine -sand sized particles. Details shall be included in applicable plan sheet(s). 35. Prior to receiving city approval to permit land disturbing activity: a. The applicant shall provide the City with soil boring logs from a minimum of two soil -borings within any proposed infiltration area, extending a minimum of 10' below the bottom of the proposed infiltration feature, to evaluate and ensure suitability for infiltration. If the soil boring logs indicate incompatibility of existing sub -soil permeability with the submitted and reviewed design plans for meeting volume control requirements, the applicant shall revise the design and/or construction plans (e.g. over-excavation/soil-amendment depth, etc.) to ensure volume control requirements are fully met. b. The applicant shall provide construction details of proposed infiltration basins for City review/acceptance by the City Engineer and include in construction plans. Construction details shall include infiltration basin cross-section(s), construction sequencing/protection/restoration notes, sizing/volume tables, details for stable inlets/outlets/emergency overflows, unobstructed inspection/maintenance access areas to inlets/outlets, soil amendment criteria, live planting/seeding/temporary & permanent erosion -control details, etc., to ensure infiltration practice is properly designed, constructed, planted, and adequately protected during / after construction to prevent clogging, and able to be properly maintained (e.g. unobstructed equipment access, etc.) to function as intended. These graphical Planning Report — Boulder Lakes Outlot B August 25, 2015 Page 16 details and notes shall be prominently included in all applicable plan sheets (e.g. Erosion & Sediment Control Plan, Grading Plan, Utility Plan, Landscape Plan, etc.). c. The applicant shall provide construction details of proposed sub -surface infiltration systems for City review/acceptance by the City Engineer and include in construction plans. Construction details shall include infiltration system cross- section(s), construction sequencing/protection/restoration notes, sizing/volume tables, details for inlets/outlets, unobstructed inspection/maintenance access to inlets/outlets, header row and pipe gallery, etc., to ensure sub -surface infiltration system is properly designed, constructed, and adequately protected during / after construction to prevent clogging, and able to be properly accessed, inspected and maintained to function as intended. These graphical details and notes shall be prominently included in all applicable plan sheets (e.g. Grading Plan, Utility Plan, etc.). d. The property owner shall provide detailed Soil Management Strategies for City review, and acceptance by the City Engineer, that provide clear assurances that by final grading, prior to installation of any irrigation and plantings, the disturbed areas that are to be revegetated will have protected and/or restored soil permeability to non -compacted soil conditions with no less than 5% soil organic matter content, to comply with Volume Control requirements. These graphical details and notes on soil protection/restoration shall be prominently included in all applicable plan sheets (e.g. Erosion & Sediment Control Plan, Grading Plan, Utility Plan, Landscape Plan, etc.) and also clearly described in the Stormwater Management Plan. Documentation (e.g. soil organic matter/bulk density testing of representative on-site soil samples) shall be provided to City Water Resources staff to verify approved soil management strategy compliance, prior to installation of irrigation or landscape plantings. e. The property owner shall enter into a long-term stoimwater management system maintenance agreement with the City, detailing the inspection and maintenance required to occur to ensure proper operation and performance of the permanent stormwater management system, in a form acceptable to the City Attorney. 36. During infiltration practice over -excavation and sub -soil work, the applicant shall ensure that a Certified Soil Scientist will be present to verify and document that for each infiltration practice area sub -soils are suitable for a saturated condition infiltration rate of 1 -inch per hour or greater (but less than 8.0 -inch per hour). If the sub -soil infiltration rates are less than 1 -inch per hour (or greater than 8.0 -inch per hour), the applicant shall immediately notify the City Engineer and revise the volume control practice(s) as necessary (e.g. over-excavation/soil-amendment depth, etc.) to ensure volume control requirements are fully met. At completion of final grading within each surface infiltration basin, but prior to planting, the applicant shall ensure that a soil scientist will be present to verify and document that the infiltration practice is suitable to infiltrate a minimum of Planning Report — Boulder Lakes Outlot B August 25, 2015 Page 17 1 -inch per hour or greater in saturated conditions. At completion of compacted base within each subsurface infiltration system, the applicant shall ensure that a soil scientist will be present to verify and document that the subsurface infiltration system's compacted base is suitable to infiltrate a minimum of 1 -inch per hour or greater in saturated conditions. Documentation shall be provided to the City within 48 -hours after infiltration testing. The applicant shall provide the City Water Resources staff with 24-hour advance notice of the occurrence of infiltration verifications and also prior to any soil backfilling within any of the infiltration practices. 37. Before the city issues a Certificate of Occupancy on the development site, the applicant shall provide the City Engineer as -built plans that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (sumps, infiltration practices, etc.), and soil management strategies confonn to design and/or construction plans, as approved by the City. As -built volumes (for retention) shall be provided for all infiltration practices. The applicant shall submit to the City Engineer certification that the stormwater management facilities have been installed in accord with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. 38. This development shall dedicate 10 -foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 39. The developer shall provide private utility easements and/or maintenance agreements for all private water mains, in a form acceptable to the City Attorney, prior to the issuance of a Building Permit. 40. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 41. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the premises (FTTP). This development shall include the installation of fiber optic cable, or a conduit for future installation, in its construction plans at the time of Building Permit. 42. The developer shall provide private cross -easements for ingress/egress and shared parking, in a form acceptable to the City Attorney, prior to the issuance of a Building Pen -nit. 43. 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Z a' m� ° t ai ai D ' mak, -J TF Z U 9- 1 I �N �I LLI g 8 I ob �o of 310 , 3I O of I Ob._ �b LLIO � Oo -ea J66.�rbJ�+ e a z w El.� 3� �a LLJ 29 5 a .. .. a, u o� o0?60 6 ze -�o g� �o '. �s z m wg 9 W�o ase "z� Interstate Partners LLc 500 Jackson Street J Silte 200 J St. Pail, MN 55101 0 Tel: 651.406.8050 J Fax: 651.406,8628 i laterstatepartners.com July 9, 2015 Mike Ridley City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: Boulder Lakes Business Park Outlot B PD Amendment/Final Plat Dear Mike: This letter is to serve as our narrative for the PD Amendment application for Outlot B in the Boulder Lakes Business Park. The request is to change the type of commercial buildings to be built on the site from two multi -storied office buildings to two single story office/warehouse buildings. The two office/warehouse buildings will contain approximately 224,000SF (96,OOOSF and 128,OOOSF). They will be constructed with the front office portion of the buildings (glass and brick accents) frontingthe street and the lake; the latter of which will take advantage of the views. The buildings will have a shared interior truck court that.will be screened by strategically placed evergreens and other landscaping installations. The buildings' architecture and height will be consistent with the two existing buildings as well as the remaining three planned single story office buildings to be developed within the Park. The buildings will be built in two phases, with commencement of construction anticipated.in the fall of 2015 or spring of 2016. The Boulder Lakes Business Park is comprised of 7 sites that are currently all guided for office uses. Allowing the subject site to be developed with office/warehouse buildings will enable the Park to solicit and attract a variety of user types to the area, thereby enhancing the ' marketability of the land within the Park. The site in question is also the least attractive from an office development standpoint as it is on the interior of the Park with no frontage or visibility from any major traffic arteries. (i.e. Lone Oak Road or 1-494). The ability to develop this site with different uses will also accelerate the absorption of the land within the Park. All of the infrastructure for the site (roads and utilities) were installed when the Business Park was created approximately seven years ago and switching uses from one type of building to another will have a neutral impact regarding the City's utility usage, run-off and road infrastructure in the area. The primary benefit to the'City of allowing this change will be to allow us to create high quality office/warehouse buildings that can attract new employers to the area as well as maintain the City's existing businesses by givingthem newer and more functional space to move to within the City as the existing inventory ages and becomes less functional. This change will also j accelerate the development of the site, as the current guiding is highly unlikely to be successful in attracting users, due to the site's characteristics as well as the availability of far superior sites that can easily accommodate any demand for office use within this area of the City for the foreseeable future. We apX/eciate your consideration of this matter. SincVteeIV, . (Miller Pres Agenda Information Memo September 1, 2015, Eagan City Council Meeting NEW BUSINESS D. Rezoning and Cancellation of Development Agreement — Red Pine Crossing Actions To Be Considered: 1. To approve (or direct Findings of Fact for Denial) a Rezoning for 9.82 acres located southeast of Red Pine Lane and Hwy 3. and 2. To cancel the development agreement related to the Red Pine Crossing development and subdivision dated February 17, 2009. Required Vote For Approval: ➢ Rezoning —At least three votes Cancellation —At least three votes Facts: ➢ The 9.82 acre site is undeveloped and consists of two parcels, that are zoned PD, Planned Development. ➢ The City Council approved a Rezoning from NB, Neighborhood Business, to PD and a Preliminary Subdivision to create a mixed office/retail commercial development in 2006. ➢ The applicant has requested the City terminate the PD Agreement and release it from any obligations under the Development Agreement. ➢ The City Council directed staff at their regular meeting on June 16, 2015, to initiate the steps necessary to cancel the Development Agreement and decertify the Southeast Eagan Renewal and Renovation TIF District. The proposed Rezoning is part of that process. ➢ The Advisory Planning Commission held a Public Hearing on the proposed rezoning on July 28, 2015 and did recommend approval. ➢ The City Attorney and staff reviewed the facts related to the development agreement and determined there to be no issues outstanding at this time. As such, if the rezoning from PD to straight zoning is approved, it will be in order for the development agreement to be cancelled as well. Issues: None 120 -Day Agency Action Deadline: ➢ November 3, 2015 Attachments: (4) NBD-1 Location Map NBD-2 July 28, 2015 APC Minutes NBD-3 Planning Report NBD-4 Report Exhibits LC) 1®i� �®�r P= C= 0 ��� j ��®®® LC) 1®i� �®�r X11 ��� ��®®® ®®�®® ®®® ®■■■S.®®. milli w ON OMNI FEIN Advisory Planning Commission July 28, 2015 Page 13 of 15 C. Red Pine Crossing Applicant Name: Revestor Group 4, LLC / City of Eagan Location: Red Pine Lane and Hwy. 3 Application: Rezoning A Rezoning from PD, Planned Development to NB, Neighborhood Business upon 9.82 acres. File Number: 36-RZ-03-07-15 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated July 09, 2015. Chair Filipi opened the public hearing. There being no public comment, Chair Filipi closed the public hearing and turned the discussion back to the Commission. Member Sagstetter moved, Member Vanderpoel seconded a motion to recommend approval of a Rezoning from PD, Planned Development to NB, Neighborhood Business upon 9.82 acres, located southeast of Red Pine Lane and Hwy 3.: All voted in favor. Motion carried 5-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: July 9, 2015 APPLICANT: Revestors Group 4, LLC City of Eagan PROPERTY OWNER: Same REQUEST: Rezoning LOCATION: SE of Hwy. 3 and Red Pine Lane CASE: 36-RZ-03-07-15 HEARING DATE: July 28, 2015 APPLICATION DATE: July 6, 2015 PREPARED BY: Sarah Thomas COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development SUMMARY OF REQUEST The applicants are requesting approval of a Rezoning from PD, Planned Development to NB, Neighborhood Business upon 9.82 acres located southeast of Red Pine Lane and Hwy. 3. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, 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 planning commission for its consideration and recommendation. BACKGROUND/HISTORY The site consists of two platted parcels which are vacant. The property is currently zoned PD, Planned Development and is designated in the Comprehensive Guide Plan for Retail Commercial land uses. The City Council approved a Rezoning from NB, Neighborhood Business to PD, Planned Development, a Preliminary Planned Development to create a mixed office/retail commercial development and a Subdivision to create two lots in 2006. A Final PD for Lots 1 and 2 were approved later that year. Development of the property did not transpire and the applicant has requested that the City terminate the Planned Development Agreement and release Planning Report — Red Pine Crossing July 28, 2015 Page 2 it from any obligations under the Development Agreement. In processing the request, staff suggests that rezoning the property to its prior land use classification would be appropriate. Prior to 1994-95, the property was guided in the Comp Plan for residential uses. In 1980, the land use designation was R -II, Mixed Residential 3-6 units/acre. By 1988, the land use designation of the entire area east of Hwy. 3 and south of Cliff Road was changed to D -I, Single- family residential 0-3 units/acre. During the 1970s and 1980s, several industrial buildings were constructed in the adjacent Halley's Addition. Following a study of the area in 1994-95, the land use designation of the subject site and the adjacent Halley's Addition was changed to IND, Limited Industrial, creating consistency between the use, zoning and land use. In 1995, Red Pine Lane was constructed, leaving a remnant parcel of land south of the new street and east of the railroad right-of-way. In conjunction with the creation of this new intersection with Hwy. 3, the Gun Club Road intersection with Hwy. 3 was closed. With additional residential development in this part of the City, the City revisited the land use and zoning of the properties south of Red Pine Lane and east of Hwy. 3. In March 2002, following an area study in 2001, the City changed the land use designation and zoning of the properties west of Biscayne Avenue from IND, Limited Industrial, to RC, Retail Commercial. The property was rezoned from I-1, Limited Industrial, to NB, Neighborhood Business later in 2002. With the change in land use and zoning, existing uses became non -conforming. EXISTING CONDITIONS The site consists of two platted parcels which are both vacant. The site is separated from Hwy. 3 by railroad tracks. The site is open with some wooded areas and a wetland on the west edge of the property. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning band Use Designation North Single Family Residential R-1, Single Family Residential LD, Low Density Residential South West End Hunting and Fishing Club P, Park REC, Private Recreation East Vacant/ manufacturing/warehouse NB, Neighborhood Business RC, Retail Commercial West Railroad/Hwy.3 Right-of-way Planning Report — Red Pine Crossing July 28, 2015 Page 3 EVALUATION OF REQUEST Compatibility with Surrounding Area — The proposed rezoning is compatible with the existing land use designation and zoning as the site is adjacent to a variety of uses including single-family homes, a private recreational use and properties zoned for neighborhood business. There is no development proposal at this time. Under the existing PD, Planned Development, zoning, the use of the property is limited to the Site Plan approved with the Final PD. The proposed rezoning to NB, Neighborhood Business, is consistent with the former zoning designation on the property and is consistent with the zoning of the properties to the east. Comprehensive Guide Plan — The land use plan designation was changed to RC, Retail Commercial and the area rezoned to NB, Neighborhood Business, in 2002. The PD was approved in 2006, but no development has occurred. SUMMARY/CONCLUSION The proposed rezoning is consistent with existing and anticipated land uses and the Comprehensive Plan designation of Retail Commercial. Future development would proceed through the Building Permit process and will have to be consistent with the performance standards of the NB Zoning District. ACTION TO BE CONSIDERED To recommend approval of a Rezoning from PD, Planned Development to NB, Neighborhood Business of 9.82 acres located southeast of Red Pine Lane and Hwy. 3. <1Z U� 0 r� N 0 0 V d W) = r tmM �AN N M ® M Z *'O 0 7 d O d w aWV <1Z U� 0 r� N - JAN t June 3, 2015 Community Development Department City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 To Whom It May Concern; J am writing to cancel the Development Agreement regarding Lots 1 and 2, Block I, Red Pine Crossing. On April 4, 2006-Revestors Group 4, LLC entered into a Preliminary Development Agreement with the City of Eagan. The planning progressed. to October 17, 2006 when a Final Planned Development Agreement was signed. by Revestors Group 4, LLC and -the City. of Eagan. As a result of economic hardship, this. project will not be: developed as envisioned and planned. Therefore the Members and Governors of Revestors Group 4, LLC have directed Douglas W. Anderson as the Chief Manager to cancel the existing Development Agreement at the earliest possible date. The agreements between Revestors `Group 4, LLC and the City of Eagan required a Leiter of Credit to be maintained The Members and Governors understand. that by canceling the Development Agreement, this Letter of Credit will no longer be required. On February 17, 2009 a Letter of Credit was issued from Bridgewater Bank for $348,000, The Members and Governors respectfully request this Letter of Credit to be cancelled at the earliest possible date. The Meimbers and Governors also request the City of Eagan to refund any remaining balances in all existing Developer Escrow Accounts. Thank you for helping us with this request. Sincerely, Revestors Group 4, LLC Douglas W. Anderson — Chief Manager 3000 County Road 42 West, Suite 300 Burnsville, Minnesota 55337 Agenda Information Memo September 1, 2015, Eagan City Council Meeting NEW BUSINESS E. Certification of the preliminary 2016 budget and property tax levy, and setting of public meeting date on which the budget and levy will be discussed Actions To Be Considered: ➢ To approve the preliminary payable 2016 property tax levy as follows: Operating (tax capacity -based) $ 25,237,900 Capital (tax capacity -based) 5,125,717 Debt service (tax capacity -based) 205,052 Community Center debt service (market value -based) 1,119,615 o Total levy $ 31,688,284 ➢ To approve the preliminary 2016 General Fund budget, including contingency, of $32,158,700. ➢ To set the date for the public hearing of the Payable 2016 levy and budget as Monday, November 30. ➢ To make the following announcement: "The next regularly scheduled meeting at which the levy and budget will be discussed is the City Council meeting of Monday, November 30 at 6:30 p.m., here in the Council Chambers. The public will be allowed to speak at this meeting." Facts: ➢ The City Council is required by law to certify the proposed payable 2016 budget and property tax levy on or before September 30. The levy can be subsequently decreased, but not increased. ➢ The City Council is also required to announce the date and time of the next regularly scheduled meeting at which the budget and levy will be discussed. The law also requires the Council to announce that the public will be allowed to speak at these meetings. ➢ The City Council reviewed the 2016 General Fund budget at the August 11 special meeting. The budget presented at the workshop was a 2.75% increase over 2015. ➢ The budget is balanced and no appropriation of fund balance reserves is required. ➢ The following changes to the General Fund budget occurred after the August 11 meeting and are proposed to be offset by a reduction in contingency funds: ■ $900 increase to the Communications budget to rent handicap accessible portable restrooms for 5-6 public events to be held at the 1914 Town Hall in 2016. o $26,100 increase to the Streets & Highways budget due to a better cost estimate received for the Transportation Comprehensive Plan update that meets Met Council requirements. ➢ At the August 11 worksession finance presented tax rate calculations using Fiscal Disparities distribution estimate as the figure wasn't available. The distribution number is in and decreased $41,789 or 1.6% from the estimate to $2,570,548. The tax levy information included in this memo has been updated and incorporates this new figure. The impact will be that the average valued home will be $1 higher from the August 11 estimate. ➢ The proposed levy is 4.9% higher than the 2015 levy. The Eagan portion of the property tax on the average value home in 2016 ($258,752) is estimated to be $931—an increase of $35 from the 2015 amount of $896 on the 2015 average value home ($249,423). ➢ The City's tax capacity rate is estimated to decrease from 36.525% to 36.480%, the function of a 5.7% increase in tax capacity -based net local levy, and a 5.8% increase in local tax capacity due to higher property values. ➢ Both the budget and levy will be reviewed, with public input received, at the November 30 meeting. We have confirmed that this meeting will not conflict with the Dakota County's Truth -in -Taxation (TNT) public hearing. ➢ The County will use this preliminary certification information in preparing Truth -in - Taxation (TnT) notices to be mailed in November. ➢ The County has again advised the City of the option to include a very basic insert with the TnT notices. Due to the inherent limitations, the City historically has not prepared an insert and none is contemplated for this year unless otherwise directed by the City Council. Attachments: (1) NBE-1 The preliminary 2016 General Fund expenditures budget summary 2016 Comparative Summary of Expenditures General Fund Budget 2015 2016 1 Difference PUBLIC SAFETY 11 Police Budget Budget $ % GENERAL GOVERNMENT Fire 2,715,300 2,743,000 27,700 01 Mayor & Council $ 148,400 $ 156,200 $ 7,800 5.3% 02 Administration 608,800 574,000 (34,800) -5.7% 03 Information Technologies 1,608,700 1,627,000 18,300 1.1% 04 City Clerk 242,300 373,400 131,100 54.1% 05 Finance 847,700 882,900 35,200 4.2% 06 Legal 393,900 393,900 - 0.0% 07 Comm Dev--Planning 1,036,100 1,077,800 41,700 4.0% 08 Comm Dev--Inspections 1,216,900 1,221,000 4,100 0.3% 09 Communications 546,300 583,700 37,400 6.8% 10 Human Resources 317,300 392,700 75,400 23.8% Gen Govt Total 6,966,400 7,282,600 316,200 4.5% PUBLIC SAFETY 11 Police 12,275,400 12,594,100 318,700 2.6% 12 Fire 2,715,300 2,743,000 27,700 1.0% 555,400 Public Safety Total 14,990,700 15,337,100 346,400 2.3% PUBLIC WORKS 0.4% 21 Public Works/Engineering 1,216,800 1,297,700 80,900 6.6% 22 Streets & Highways 1,886,000 2,003,000 117,000 6.2% 24 Central Svices. Maint. 617,200 614,400 (2,800) -0.5% Public Works Total 3,720,000 3,915,100 195,100 5.2% PARKS & RECREATION 30 Recreation 2,199,000 2,203,400 4,400 0.2% 31 Parks 2,071,300 2,063,900 (7,400) 40,000 32 Tree Conservation 533,400 555,400 22,000 4.1% Parks & Rec Total 4,803,700 4,822,700 19,000 0.4% GENL GOVT BLDG MAINT 33 Government Buildings 776,100 788,200 12,100 1.6% Subtotal 31,256,900 32,145,700 888,800 2.84% 41 Contingency --Undesignated 40,000 13,000 (27,000) -67.5% General Fund Total $ 31,296,900 $ 32,158,700 $ 861,800 2.76% AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER SEPTEMBER 1, 2015 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes 2. APPROVE Decertification of Southeast Eagan TIF District 3. SCHEDULE Public Hearing to Consider the Sale of Outlot A in the Cedar Grove Redevelopment District to Inland Group Development of an Apartment Project D. OLD BUSINESS E. NEW BUSINESS F. OTHER BUSINESS G. ADJOURN Agenda Information Memo September 1, 2015 Eagan Economic Development Authority Meeting NOTICE OF CONCURRENT ACTIONS The Council acting as the Board of Commissioners of the Economic Development Authority ("EDA") may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the Agenda as presented or modified. C. CONSENTAGENDA ACTION TO BE CONSIDERED: To approve the Consent Agenda as presented or modified. 1. APPROVAL OF MINUTES EDAC-1 Minutes of the August 18, 2015 EDA meeting. APPROVAL OF DECERTIFICATION OF SOUTHEAST EAGAN TIF DISTRICT — At the request of the owner of the Red Pine Crossing development, on the regular agenda above, the City Council is considering the rezoning of the former Red Pine Crossing Planned Development to a straight Neighborhood Business zoning, so they can discontinue plans for that project. That PD was the basis for the formation of the Southeast Eagan TIF District and, with the discontinuation of the PD, decertification of the TIF District is also in order. EDAC-2 EDA and City Council Resolutions to Decertify the Southeast Eagan TIF District 3. SCHEDULE PUBLIC HEARING ON SEPTEMBER 15, 2015 TO CONSIDER THE SALE OF OUTLOT A IN THE CEDAR GROVE REDEVELOPMENT DISTRICT TO INLAND GROUP (CAP ACQUISITIONS, LLC) FOR DEVELOPMENT OF AN APARTMENT PROJECT — At its meeting of August 18, 2015, the EDA authorized the preparation of a Preliminary Real Estate Purchase Agreement for the sale of Outlot A at Cedar Grove to CAP Acquisitions, LLC, in relation to their concept proposal for a 161 unit, 55+ market rate apartment project. Because this would be a sale of publicly owned property for private development, it is necessary to hold a public hearing as part of the consideration of approval of the agreement. fOwelRol *1M10**1 There are no Old Business items at this time. E. NEW BUSINESS There are no New Business items at this time. F. OTHER BUSINESS There are no other items at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the EDA Meeting. MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota August 18, 2015 A meeting of the Eagan Economic Development Authority was held on Tuesday, August 18, 2015 at the Eagan Municipal Center. Present were President Maguire, Commissioner Bakken, Commission Fields, Commissioner Hansen, and Commissioner Tilley. Also present were Executive Director Osberg, City Attorney Dougherty, and Community Development Director Hohenstein. CALL TO ORDER President Maguire called the Economic Development Authority meeting to order. ADOPT AGENDA Commissioner Bakken moved, Commissioner Hansen seconded a motion to approve the agenda as presented. Aye:5 Nay:0 CONSENT AGENDA Commissioner Hansen moved, Commissioner Bakken seconded a motion to approve the Consent Agenda as presented. Aye:5 Nay:0 1. It was recommended to approve the minutes of April 21, 2015. There was no old business. OLD BUSINESS NEW BUSINESS Consider Concept Plan and Purchase Proposal from Inland Group for Acquisition and Redevelopment of Outlot A in the Cedar Grove Redevelopment District for Development of an Apartment Project Community Development Director Hohenstein introduced the item noting the original Cedar/13 Task Force Study concluded that a combination of high density residential uses with retail, food and beverage and office uses would be a desirable long term redevelopment plan for what became the Cedar Grove Redevelopment area. This spring, the master developers and staff were approached by the Inland Group, a multi -family developer based in Spokane, Washington, who expressed interest in acquiring Outlot A in the redevelopment district for an additional housing product. Inland Group submitted an offer to acquire Oulot A, the 4 acre parcel located at the west end of the redevelopment district, for the development of a 5 story, 161 unit 55+ active senior market rate apartment property. Hohenstein noted the City Council Finance Committee reviewed Inland's letter of intent and concept plan on June 29, 2015 and found it to be acceptable. Brian Pankratz, local representative for Inland Group, was available for questions. Commissioner Hansen moved, Commissioner Fields seconded a motion to approve the Inland Group (CAP Acquisitions, LLC) Preliminary Redevelopment Concept Plan included in the August 18, 2015 EDA Packet for the redevelopment of Outlot A in the Cedar Grove Redevelopment District. Aye: 5 Nay: 0 Commissioner Hansen moved, Commissioner Fields seconded a motion to direct the preparation of a preliminary real estate purchase agreement between the Eagan EDA and CAP Acquisitions, LLC for Outlot A to be considered at a future EDA meeting. Aye: 5 Nay: 0 There was no other business. OTHER BUSINESS ADJOURNMENT Commissioner Tilley moved, Commissioner Hansen seconded a motion to adjourn the meeting. Aye: 5 Nay: 0 Date David M. Osberg, Executive Director RESOLUTION NO. EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION APPROVING THE DECERTIFICATION OF SOUTHEAST EAGAN TAX INCREMENT FINANCING DISTRICT NO. 1. WHEREAS, on May 16, 2006, the Eagan Economic Development Authority (the 'BDA") created its Southeast Eagan Tax Increment Financing District No. 1 within the Southeast Eagan Redevelopment Project Area No. 1, (the "District"); and WHEREAS, the City Council of the City of Eagan approved the Tax Increment Financing (TIF) Plan on June 20, 2006; and WHEREAS, the District was certified on November 10, 2009; and WHEREAS, the owner of the property was unable to develop the property within the District, and therefore, no tax increment was generated from the District; and WHEREAS, all future property taxes generated by property within the District will be distributed in the same manner as the general property taxes; NOW THEREFORE, DE IT RESOLVED by the Eagan Economic Development Authority, Dakota County, Minnesota, that the FDA's staff shall take such action as is necessary to cause the County Auditor of Dakota County to decertify the District as a tax increment district and to no longer remit tax increment from the District to the EDA. Motion by: Seconded by: Those in favor: Those against: Date: September 1, 2015 Eagan Economic Development Authority By: Its Chair Attest: Its Executive Director CERTIFICATION I, David M. Osberg, Executive Director of the Eagan Economic Development Authority, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Eagan Economic Development Authority, Dakota County, Minnesota, in a regular meeting thereof assembled this I" day of September, 2015. Executive Director RESOLUTION NO. _ CITY OF EAGAN RESOLUTION APPROVING THE DECERTIFICATION OF SOUTHEAST EAGAN TAX INCREMENT FINANCING DISTRICT NO. 1. WHEREAS, on May 16, 2006, the Eagan Economic Development Authority (the "EDA") created its Southeast Eagan Tax Increment Financing District No. 1 within the Southeast Eagan Redevelopment Project Area No. 1, (the "District"); and WHEREAS, the City Council of the City of Eagan approved the Tax Increment Financing (TIF) Plan on June 20, 2006; and WHEREAS, the District was certified on November 10, 2009; and WHEREAS, the owner of the property was unable to develop the property within the District, and therefore, no tax increment was generated from the District; and WHEREAS, all future property taxes generated by property within the District will be distributed in the same manner as the general property taxes; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Dakota County, Minnesota, that the City's staff shall take such action as is necessary to cause the County Auditor of Dakota County to decertify the District as a tax increment district and to no longer remit tax increment from the District to the City. Motion by: Seconded by: Those in favor: Those against: Date: September 1, 2015 City of Eagan By: Its Mayor Attest: Its Clerk CERTIFICATION I, Christina M. Scipioni, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this I" day of September, 2015. City Clerk