Loading...
11/04/2010 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING November 4, 2010 6:30 P.M. ROLL CALL AND PLEDGE OF ALLEGIANCE T . ) II. ADOPT AGENDA p III. RECOGNITIONS AND PRESENTATIONS 1 . a A. Recognition of Eagan's 150th Anniversary Board IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) P'S A. APPROVE MINUTES P. JAB. PERSONNEL ITEMS �? 1,5 C. APPROVE Check Registers -P.14D. AWARD Contract 10 -21 (Trapp Farm Park Infiltration Basin — Water Quality Improvements) ?J6 E. APPROVE Temporary On -Sale Liquor License and waive license fee for Friends of the Westcott Library P )g F. APPROVE Dynamic Sign Public Service Messaging Agreement with Clear Channel for Billboard at 2750 Sibley Memorial Highway (494 near Highway 13) G. APPROVE Final Subdivison — Lone Oak P Addition — Delta Airlines H. APPROVE Final Payment for Contract No. 10 -08, City -Wide Sanitary Sewer Lining V. PUBLIC HEARINGS 0 3�A. CERTIFICATION OF DELINQUENT FALSE ALARM BILLS B. CERTIFICATION OF DELINQUENT WEED CUTTING BILLS _P�j , C. CERTIFICATION OF DELINQUENT UTILITY BILLS VI. OLD BUSINESS 60.51 A. CONSIDERATION of Request to Modify covenants for Hawthorne Ridge VII. NEW BUSINESS $, %Q A. CONDITIONAL USE PERMIT — Crimson Leaf Trail — A Conditional Use Permit to exceed impervious Q surface coverage in a Shoreland Overlay District located at 656 Crimson Leaf Trail. 1 B. CONDITIONAL USE PERMIT — Horizon Equipment — A Conditional Use Permit to allow outdoor storage p of 15 commercial vehicles located at 1960 Seneca Road. V• ��. C. PLANNED DEVELOPMENT AMENDMENT — Discount Tire — A Planned Development Amendment to Allow Auto Repair and Service located at 3575 Pilot Knob Road. VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY (There are no EDA items to be considered at this time) X. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development XI. VISITORS TO BE HEARD (for those persons not on the agenda) XII. CLOSED SESSION 41100 City of Earn bo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 29, 2010 SUBJECT: AGENDA INFORMATION FOR NOVEMBER 4, 2010 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the November 4, 2010 City Council agenda, the following items are in order for consideration. Agenda Information Memo November 4, 2010 City Council Meeting RECOGNITIONS AND PRESENTATIONS A. RECOGNITION OF EAGAN'S 150TH ANNIVERSARY BOARD ACTION TO BE CONSIDERED: No formal action required. FACTS: • The Eagan 150th Anniversary Board was put together under the leadership of Scott Swenson, Eagan resident and Market President of Home Federal Bank. • The following 18 people served on the 150th Board: • Scott Swenson, Chair (Home Federal Bank) • Dianne Miller (City of Eagan) • Ruthe Batulis (Dakota County Regional Chamber of Commerce) • Dorothy Peterson (Eagan resident and "historian") • Brent Corey (Eagan Convention and Visitors Bureau) • Juli Seydell Johnson (City of Eagan) • Dan Sjolseth (Superior Collision) • Bart Zibrowksi (McGough Construction) • Mayor Mike Maguire (City of Eagan) • Tom Hedges (City of Eagan) • Tom Garrison (City of Eagan) • Karen Lyons (Blue Cross Blue Shield of MN) • Mike Peterson (Eagan Convention and Visitor's Bureau) • Phil Stalboerger (Blue Cross Blue Shield of MN) • Lynn Noble (Gopher Resource) • John Tapper (Gopher Resource) • Michele Engdahl (Thomson Reuters) • Dave Unmacht (Springstead) • Tonight is an opportunity to thank Chair Swenson and the members of the 1501h Anniversary Board for their service to the Community. • For additional information about the 150th celebration and food drive, go to www.eaganl50.com. ATTACHMENTS: • There are no attachments. 0 Agenda Information Memo November 4, 2010 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the October 19, 2010 Regular City Council meeting and minutes of the October 12, 2010 Special City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the October 19, 2010 Regular City Council meeting are enclosed on page through • Minutes of the October 12, 2010 Special City Council meeting are enclosed on pages through J4—. 0 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota October 19, 2010 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields, Tilley and Hansen. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, October 19, 2010 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields Tilley and Hansen. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, Administrative Services Gene VanOverbeke, Director of Communications Tom Garrison, City Attorney Michael Dougherty and Administrative Secretary / Deputy Clerk Mira Broyles. AGENDA Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the agenda as presented. Aye:5 Nay: 0 RECOGNITIONS AND PRESENTATIONS There were no recognitions or presentations. 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 the October 5, 2010 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Steffan Diaz and Brittney Freidlund as Building Attendant I. C. It was recommended to ratify check registers dated September 30, 2010 and October 7, 2010, as presented. D. It was recommended to approve the general insurance renewal for the period July 1, 2010 to July 1, 2011. E. It was recommended to approve a Massage Therapy Establishment License for Laura Johannsen, Changing Tides Massage, to be located at 3348 Sherman Court, Unit 103. F. It was recommended to approve Tree Contractor Licenses for Donald Strom, Strom Tree Service; and Peter Strand, Xtreme Tree Service. G. It was recommended to approve change orders for the Fire Safety Center. H. It was recommended to approve a 120 -day extension of time to record the Final Plat for Cedar Grove Park and Ride, consisting of 9 acres, located at 4035 Nicols Road. I. It was recommended to award contract for the fiber optic cable installation at the South Water Treatment Plant to MP Nexlevel, LLC. J. It was recommended to renew the Agreement for Contractual Snow and Ice Control services with Gallagher's Inc., for the 2010 — 2011 winter snow and ice season and authorize the Mayor and City Clerk to execute all related documents. K. It was recommended to receive the Final Assessment Roll for Project 1024 (Kennebec Drive — Street Improvements) and schedule a public hearing to be held on November 16, 2010. L. It was recommended to approve the final payment for Contract 10 -15 (2010 Traffic Signal Painting) in the amount of $12,030.00 to Aerial Painting, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. City Council Minutes October 5, 2010 Page 2 M. It was recommended to approve an Easement Agreement for Project 971 (Duckwood Drive — Bridge and Street Improvements) with the owner of Parcel No. 10- 21850 - 010 -01 and authorize the Mayor and City Clerk to execute all related documents. N. It was recommended to approve Change Order No. 1 to Contract 10 -01 (Blackhawk Road and Kennebec Drive — Street Improvements) and authorize the Mayor and City Clerk to execute all related documents. O. It was recommended to approve the final payment for Contract 10 -01 (Blackhawk Road and Kennebec Drive — Street Improvements) in the amount of $147,716.28 to Bituminous Roadways, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. P. It was recommended to award Contract 10 -19 (waters Area — Storm Sewer Improvements) to Minger Construction, Inc., for the base bid in the amount of $19,000.00 and authorize the Mayor and City Clerk to execute all related documents. Q. It was recommended to award Contract 10 -20 (Pond Sediment Removal — Water Quality Improvements) to Minger Construction, Inc., for the base bid in the amount of $41,940.00 and authorize the Mayor and City Clerk to execute all related documents. R. Item removed. S. It was recommended to approve Dakota County's draft 5 -year Transportation Capital Improvement Program for 2011 -2015. T. It was recommended to approve a Resolution accepting the dedication of Denmark Avenue street and utility improvements from the Unite States Postal Service for perpetual City maintenance and authorize the Mayor and City Clerk to execute all related documents. U. It was recommended to approve an Easement Agreement for Project 905R (Lebanon Hills Regional Park — Storm Sewer Improvements) on parcel 10- 02600- 010 -54 and authorize the Mayor and City Clerk to execute all related documents. V. It was recommended to approve the transfer of the City's Revolving Loan Fund Deposit from Twin Cities Community Capital Fund to Minnesota Community Capital Fund. W. It was recommended to approve the Subrecipient Agreement with the Dakota County CDA to Continue Agency coordination of Community Development Block Grant Funding between July 2010 and June 2014. X. It was recommended to direct initiation of consideration of rezoning of property at the intersection of Lexington Avenue and Wescott Road (lots 3 -5, Block 2 of Westbury 2nd Addition) from Pd to R -1. Y. It was recommended to approve a 90 -day extension to the recording of the Conditional Use Permit to allow a kennel with an outdoor play area and Final Plat for Apollo Road Addition consisting of a single lot on approximately 1.4 acres on property located at 951 Apollo Road in the NW % of Section 11. There were no public hearings. PUBLIC HEARINGS OLD BUSINESS ORDINANCE AMENDMENT — CITY OF EAGAN City Administrator Hedges introduced this item regarding an amendment to City Code Chapter 11, Section 11.70 relative to the outdoor storage of vehicles in commercial and industrial districts. Community Development Director Hohenstein gave a staff report. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve an amendment to City Code Chapter 11.70, relative to the outdoor storage of vehicles in commercial and industrial districts and to direct the City Attorney to publish the amendment in the legal newspaper. Aye: 5 Nay: 6 City Council Minutes October 5, 2010 Page 3 NEW BUSINESS COMPREHENSIVE GUIDE PLAN AMENDMENT AND REZONING FIRE STATION TWO, (CITY OF EAGAN) City Administrator Hedges introduced this item regarding a Comprehensive Land Use Guide Plan Amendment to change the land use designation from QP, Quasi - Public to IND, Limited Industrial for 0.68 acres located at 2980 Lone Oak Circle. Community Development Director Hohenstein gave a staff report. Councilmember Tilley moved, Councilmember Hansen seconded a motion to direct staff to submit to the Metropolitan Council a Comprehensive Lane Use Guide Plan Amendment to change the land use designation from QP, Quasi - Public to IND, Limited Industrial for 0.68 acres located at 2980 Lone Oak Circle. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Fields seconded a motion to waive the adjacent community 60 -day review and comment period for the Comprehensive Plan Amendment to change the land use designation from QP, Quasi - Public to IND, Limited Industrial for 0.68 acres located at 2980 Lone Oak Circle. Aye: 5 Nay: 0 CONSIDERATION OF ADDITIONAL SUSPENSION / REVOCATION BRAR ENTERPRISES, INC., D.B.A. BLACKHAWK LIQUOR & WINE OFF -SALE LIQUOR LICENSE BASED UPON ITS FOURTH ALCOHOL SALES VIOLATION WITHIN 36 MONTHS City Administrator Hedges discussed this item regarding consideration of additional suspension or revocation of the Blackhawk Liquor & Wine off -sale liquor license based on four alcohol sales violations within 36 months. Discussion was held and it was the consensus of the Council that revocation of the off -sale liquor license was warranted. Councilmember Fields moved Councilmember Bakken seconded a motion to adopt Findings of Fact and Resolution to revoke the Off -Sale Liquor license for Brar Enterprises, Inc., D /B /A Blackhawk Liquor and Wine. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. The regular City Council meeting recessed at 7:10 p.m. to immediately convene a meeting of the Economic Development Authority. The regular City Council meeting reconvened at 7:15 p.m. ADMINISTRATIVE AGENDA 1. Final Assessment Roll for Project 1015 (Blackhawk Road —Street Improvements). Public Works Director Colbert discussed Project 1015 which provided for the street improvements of Blackhawk Road between Cliff Road and Highway 13 in west - central Eagan. He noted that the project has been completed and all costs tabulated and the final assessment roll prepared. I f' ^ ?-- I City Council Minutes October 5, 2010 Page 4 Councilmember Hansen moved, Councilmember Fields seconded a motion to receive the Final Assessment Roll for Project 1015 (Blackhawk Road — Street Improvements) and schedule a public hearing to be held on November 16, 2010. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Council Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 7:20 p.m. Aye: 5 Nay:0 Date Mike Maguire, Mayor Maria Petersen, City Clerk 7 MINUTES SPECIAL CITY COUNCIL MEETING TUESDAY, OCTOBER 12, 2010 5:30 P.M. EAGAN ROOM — EAGAN MUNICIPAL CENTER City Council members present: Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. City Staff present: City Administrator Hedges, Assistant to the City Administrator Miller, Director of Administrative Services VanOverbeke, Chief Financial Officer Pepper, Director of Parks and Recreation Johnson, Superintendent of Enterprise Operations Mesko, Campus Facilities Manager Vaughan, Public Works Director Colbert, City Engineer Matthys, Water Resources Coordinator Macbeth and Communications Director Garrison. I. ROLL CALL AND ADOPTION OF THE AGENDA Mayor Maguire called the meeting to order. City Administrator Hedges requested that two tiems be added under Other Business —a ribbon cutting for the opening of Denmark Avenue, and the possibility for a budget open house on November 9, 2010. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye: 5; Nay: 0 II. VISITORS TO BE HEARD There were no visitors to be heard. 111. 2011 ENTERPRISE FUND BUDGETS (CASCADE BAY, COMMUNITY CENTER, WATER, SANITARY SEWER, STREET LIGHTING, STORM DRAINAGE, AND WATER QUALITY) City Administrator Hedges introduced the item, noting that Enterprise Funds in the City are established to account for self supporting activities with revenues derived primarily from user fees. City Administrator Hedges reviewed each of the proposed Enterprise budgets and noted that final consideration by the City Council is requested to take place in December 2010. City Administrator Hedges summarized the proposed 2010 Cascade Bay budget, noting a proposed increase of 1.3 percent ($15,600) from 2010. Hedges noted that there is a proposed rate increase for 2011 in the amount of a $1.00 increase for daily admission and a $5.00 increase for season passes. Director of Administrator Services VanOverbeke provided an additional overview of the Cascade Bay proposed budget, including background on financing plans and debt service. Director of Parks and Recreation Johnson and Superintendent of Enterprise Operations Mesko summarized marketing efforts and opportunities at Cascade Bay in the coming year. 0 Special City Council Minutes October 12, 2010 Page 2 The City Council discussed the proposed Cascade Bay budget and provided direction to proceed with the budget as presented including the fee increases, to be brought back to the City Council for formal consideration in December 2010. City Administrator Hedges provided an overview of the proposed 2011 Community Center budget. Hedges noted that the budget is proposed to increase 1.5 percent ($25,000) from 2010. Hedges summarized the proposed change to eliminate the processing of passports given the decrease in demand as well as a reduced return on investment for the service. City staff and the City Council further discussed the ECC serving as a passport processing location. There was City Council consensus to transition out of this service beginning January 1, 2011. The City Council directed that the Community Center budget, as presented, be brought back to the City Council for further consideration at a Council meeting in December 2010. City Administrator Hedges reviewed the proposed 2011 Public Utilities budgets. Hedges noted that the Water Division budget is proposed to decrease by 1.4 percent ($53,200) from 2010. The City Council had no questions with regard to the Water budget and provided direction to proceed with the budget for formal consideration at the December 2010 City Council meeting. City Administrator Hedges reviewed the proposed 2011 Sanitary Sewer Division budget, which is proposed to decrease by .8 percent ($46,400) from the 2010 budget. The City Council briefly discussed the budget and provided direction to bring the Sanitary Sewer budget back for formal consideration at the December 2010 City Council meeting. City Administrator Hedges summarized the proposed Street Lighting budget, which is proposed to increase by 5.8 percent ($29,900), due largely to increased energy costs and maintenance of an aging system, offset slightly by a reduction in new street lights being installed under the Capital Improvement Program. The City Council discussed the current installation of LED street lights in the city of Apple Valley, and whether there is merit for the City of Eagan to consider such lighting. It was noted that payback has not been cost effective to -date; however, the City of Eagan continues to review LED opportunities. The City Council provided direction to proceed with the budget for formal consideration at the December 2010 City Council meeting. City Administrator Hedges summarized the proposed 2011 Storm Drainage budget which is proposed to increase by 14.6 percent ($29,400), primarily due to the acquisition of a replacement service vehicle that is budgeted in 2011. The City Council directed the Storm Drainage budget as proposed to the December 2010 City Council meeting for formal consideration. City Administrator Hedges summarized the proposed Water Quality budget, which is proposed to increase 2.4 percent ($15,200) over the 2010 budget. Special City Council Minutes October 12, 2010 Page 3 The City Council directed the Water Quality budget to the December 2010 City Council meeting for formal consideration. IV. 2011 EAGAN CONVENTION AND VISITOR'S BUREAU BUDGET City Administrator Hedges introduced the 2011 Eagan Convention and Visitor's Bureau (ECVB) budget, noting that while the ECVB Board operates as a 50106 (non - profit) independent of the City, Section 3.2 of the Operating Agreement with the City of Eagan requires the ECVB to submit its work plan and operating budget to the City Council for its review and approval. Hedges added that the ECVB's 2011 budget process began last spring with review by the ECVB Finance Committee which includes City of Eagan Chief Financial Officer Pepper. Hedges noted that the budget was also examined and approved by the Bureau's Board of Directors during their September 30, 2010 Board meeting. Hedges noted that Mayor Maguire, a City designated ECVB Board member, was present for the Board approval, along with City liaison Tom Garrison. ECVB Executive Director Brent Cory, Eagan Communications Director Garrison, and ECVB Board Chair Butch Ciresi provided an overview of the proposed 2011 ECVB budget, noting that the overall budget reflects a nearly 15.5 percent increase over 2010, as a result of a projected modest recovery in the tourism industry, coupled with a strategic investment of undesignated reserves by the ECVB. The City Council and ECVB representatives discussed the highlights of the 2011 budget, including the recommendation to invest ECVB reserves into their "Pick Your Package" promotion. Executive Director Cory shared highlights from 2010 with the City Council, including the 1501h Anniversary Taste of Eagan Event. The City Council discussed the use of ECVB reserves in marketing efforts, and made a recommendation that Cascade Bay and the Eagan Community Center be positioned within the "Pick Your Package" promotion. The ECVB representatives and City Council discussed trends in the tourism industry. The City Council directed that the 2011 ECVB budget be included on an upcoming December 2010 City Council agenda for formal consideration. V. OTHER BUSINESS City Administrator Hedges inquired of the City Council whether they would like to conduct a ribbon cutting to recognize the opening of the Denmark Avenue extension. The Council directed that a brief ribbon cutting /photo opportunity be scheduled on October 19, 2010 at 5:00 p.m. City Administrator Hedges inquired of the City Council whether they would like to hold a budget open house on November 9, 2010. The City Council directed that a budget open house l� Special City Council Minutes October 12, 2010 Page 4 be scheduled on the 9`", with a Special City Council meeting taking place as well on the 9`h to consider the Lakewood Hills easement agreement options. VI. ADJOURNMENT Councilmember Fields moved; Councilmember Tilley seconded a motion to adjourn the meeting at 7:30 p.m. Aye: 5; Nay: 0 Agenda Information Memo November 4, 2010 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. ACTION TO BE CONSIDERED: Approve the hiring of Seasonal Employees in Parks & Recreation: Name Division Job Title Connor Mullarky Civic Arena Building Attendant I Maria Martin Civic Arena Building Attendant I Patrick Otturley Civic Arena Building Attendant II Item 2. ACTION TO BE CONSIDERED: Approve the 2011 Long Term Disability vendor to be named. Approve the 2011 Employee Assistance Program to be named. FACTS: • On October 5, 2010, the Eagan City Council approved the issuance of a request for proposal to solicit pricing for Long Term Disability (LTD) plans and Employee Assistance Programs in conjunction with a LTD plan for the plan year beginning January 1, 2011. As of October 28, 2010, staff received two proposals. Final deadline is Friday, October 29, 2010 at 4:30 pm. • The request for proposal was issued due to the City's current Long Term Disability vendor, Assurant Employee Benefits, quoting a significant increase in premiums from .27/$1000 worth of coverage to .35/$1000 worth of coverage for plan year 2011, beginning January 1, 2011. • Some Long Term Disability policies may offer an Employee Assistance Program at no additional cost. However, that added value service may or may not be a factor in the final selection decision. /a Agenda Information Memo October 19, 2010 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated October 14, 2010 and October 21, 2010 as presented. ATTACHMENTS: Check registers dated October 14, 2010 and October 21, 2010 are enclosed without page number. 15 Agenda Information Memo November 4, 2010 Eagan City Council Meeting D. CONTRACT 10 -21, TRAPP FARM PARK INFILTRATION BASIN & SEDIMENT REMOVAL - WATER QUALITY IMPROVEMENTS ACTION TO BE CONSIDERED: Award Contract 10 -21 (Trapp Farm Park Infiltration Basin and Sediment Removal — Water Quality Improvements) to Stocker Excavating, Inc., for the base bid in the amount of $30,721.50 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 10 -21 provides for the construction of a two cell infiltration basin as part of an existing storm sewer discharge line, as well as removal of sediment from Schwanz Lake, all within Trapp Farm Park, as programmed for 2010 in the City's 5 -Year Capital Improvement Program (2010- 2014). • The existing storm sewer discharges directly into Schwanz Lake without any pretreatment of approximately 8 acres adjacent to Cornwallis Court, as well as providing an outlet to Pond LP -32.1. The granular soils within the park on the west side of Schwanz Lake provide a great opportunity to infiltrate the untreated storm drainage in the proposed basin, reducing the pollutant loading to the lake. • Routine inspections of the storm sewer system, including outfalls to lakes, are required as part of the City's Municipal Separated Storm Sewer System (MS4) permit. Due to the lack of pre- treatment of the drainage from Cornwallis Court, a significant plume of sediment has been deposited in Schwanz Lake. Removal of the sediment will enhance the aesthetics and water quality of the lake. • Bid proposals to address the infiltration basin construction and sediment removal under this contract were received from three bidders. The Engineer's estimate for this project was $24,500. One contractor stated the fact that the project is in a City park would raise costs accordingly, in order to address a gentler construction impact and greater restoration efforts. Staff does not expect significantly reduced costs if the work was re -bid in the spring. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The base bid from Stocker Excavating, Inc., has been reviewed by the Engineering Division and found to provide the best value and is in order for favorable Council action. The cost of the work under the contract will be the responsibility of the City's Water Quality Expansion & Modification Fund and Renewal & Replacement Fund. ATTACHMENTS: • Bid Summary, page BID SUMMARY Bid Date and Time: Wednesday, October 27, 2010, 4:00 p.m. Project Name: Trapp Farm Park Infiltration Basin & Schwanz Lake Sediment Removal Project Number: 1036 Contract Number: 10 -21 Contractor's Name Total Base Bid Stocker Excavating, Inc. $30,721.50 Max Steinin er, Inc. $30,727.00 G.F. Jedlicki Inc. $44,301.00 GTrojects & contract Information /10- 21BidsBid Summary 1� Agenda Information Memo November 4, 2010, Eagan City Council Meeting E. APPROVE TEMPORARY ON -SALE LIQUOR LICENSE AND WAIVE LICENSE FEE FOR THE FRIENDS OF THE WESCOTT LIBRARY ACTIONS TO BE CONSIDERED: To approve the temporary on -sale liquor license for the Friends of the Wescott Library for a silent auction fundraiser to be held at the Wescott Library on November 20, 2010 and waive the $150 license fee. FACTS: ➢ The Friends of the Wescott Library has requested a temporary on -sale liquor license be issued to them for a silent auction fundraiser to be held on November 20, 2010. This is the first request submitted by this organization. ➢ The application form has been submitted and deemed in order by staff. The organization is requesting that the $150.00 license fee be waived. ATTACHMENTS (1): Letter with temporary license procedures from the Friends of the Wescott Library enclosed on page r0 Friends of the Wescott Library 1340 Wescott Road Eagan MN 55122 www.fwlonline.com FnEn is �,t one He:u,n c i.ibrnry October 27, 2010 To: Sgt. Nate Tennessen City of Eagan Police Department From: Darcy Schatz Friends of the Wescott Library Board Representative Silent Auction Event Chair The Friends of the Wescott Library, a nonprofit volunteer organization, is planning to hold a silent auction fundraiser at the Wescott Library on November 20th, 2010 from 7 -9 p.m. We have received special permission from Wescott Library and Dakota County Library System administration as well as the Dakota County Library Board to serve alcoholic beverages at the event. This will consist of complimentary wine for event ticket holders which will be donated and poured by a vendor. Liquor will not be sold and no other alcoholic beverages other than the complimentary wine will be served. We are seeking a temporary liquor license permit for the event and have completed the MN Dept of Health application. This letter of explanation should outline the required plans and information regarding the event. License Fee: As a community serving non - profit, the Friends of the Wescott Library are asking the City of Eagan to waive the permit fee so more of our event income can benefit the library and its programs. Certificate of Insurance: The insurance for this event will be covered by Dakota County as the event will be held on County property. Location and Site Plan: The event will be held on the main floor of Wescott Library and attendees will be limited to that area. The library will be closed to all but event ticket holders. Security: The Friends of the Wescott Library will pay for the presence of Dakota County security contractors for crowd control and alcoholic beverage consumption control. This event is expected to be attended by adults only however identification will be checked at the door of anyone appearing to be under age 35. If the attendee is under 21, a hand stamp will identify that guest to prevent the serving of alcoholic beverages. All event volunteers will be aware of the hand stamp and purpose and a volunteer will assist the outside vendor in serving the alcohol as an additional visual check of hand stamps. A representative of the Friends of the Wescott Library will be in attendance at the November 4th City Council meeting to answer any further questions this document does not address. Thank you, Darcy Schatz Agenda Information memo November 4, 2010 Eagan City Council Meeting F. PSA AGREEMENT - CLEAR CHANNEL OUTDOOR ACTION TO BE CONSIDERED: Approve an agreement between the City and Clear Channel Outdoor, Inc. to provide the City five (5) hours /month (2250 eight- second spots) for public service announcements on the billboard located on 70.47 acres south of Hwy 494 and east of Hwy 13 (Sibley Memorial Hwy) in the NE '/4 of Section 4. FACTS: ➢ The sign Ordinance allows conversions of static billboard signage to dynamic display signage provided the sign company either: A. reduces the number and size of billboard space they have in the City by an equal amount 1471 B. the company provides the City five hours per month for public service messaging on the new dynamic display sign ➢ Clear Channel Outdoor, Inc. is proposing to change -out the east face of the existing static billboard to a dynamic display sign and provide the City five hours of messaging per month. ➢ The west facing sign of the existing billboard is currently LED and will remain so. ➢ The sign is listed as Sign Ref #2 in Table A of the City Code. ➢ Upon approval by the City Council and execution of said agreement, the Sign permit will be issued to allow Clear Channel to convert the sign. ATTACHMENTS: (2) Location Map on page 1 Agreement on pageshrough. PUBLIC SERVICE AND COMMUNITY MESSAGING AGREEMENT THIS AGREEMENT is dated 2010 ( "Effective Date "), by and between Clear Channel Outdoor, Inc., a Delaware corporation, ( "the Company ") and the City of Eagan, a Minnesota municipal corporation ( "the City "), and together collectively referred to as the "Parties." WHEREAS, the Company desires to have a dynamic display sign within the City pursuant to Eagan City Code Section 11. 70, Subd. 28 (K)(4)(B); and WHEREAS, the Company has obtained and complied with all permit requirements for having a dynamic display sign with the City; and WHEREAS, the City desires to use up to 5 hours of advertising per month on the dynamic display sign pursuant to the terms set forth below. NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions hereinafter set forth, the Company and the City intending to be legally bound hereby agree as follows: 1. Allowed Signs. The Company shall be allowed to have within the City the enhanced dynamic display sign(s) as listed in Exhibit A, (the "Sign ".) The Company shall comply with all permit and zoning requirements not otherwise addressed in this Agreement. 2. Required Announcements. The Company agrees to reserve up to 5 hours (2250 eight- second spots) per month per for community and public service messages on the Sign The City shall be solely responsible for the design and development of the message. The City will provide the Company reasonable advance notice for any message it desires to be displayed. The City may delegate to another governmental entity a portion of the time for community and public service announcements, but such delegation shall not make the delegate a beneficiary of this KEN paragraph or otherwise entitle that entity to bring an action to enforce this paragraph. Such enforcement rights shall at all times remain with the City. 3. Timing of Announcements. The Company shall deliver the community and public service messages for the City during the same time periods and in the same manner as its paid advertisers would be displayed. The community and public service messages shall be displayed as eight- second spots delivered throughout a 24 -hour period of time. The community and public service messages shall be incorporated into one of the 8 or 9 rotation segments and shall be displayed every 64 or 72 seconds, or at a similar rotation that correlates with a paid advertiser's schedule. The community and public service messages shall be distributed throughout a 24 -hour period and shall not be relegated to the midnight to 6:00 a.m. frame as the only time of delivery. 4. Unused Announcement Time. Display time not used by the City in any month will be forfeited, and will not carry into another calendar month. 5. Breach. If the Company fails- to provide the community and public service messages as required by this Agreement, the City may, in its discretion, require the Company to limit the rotation of messages displayed on the Sign by requiring a period of not less than twenty minutes between any change or movement of any image or message displayed on the Sign, until such time as the Company provides the community and public service messages outlined in this Agreement. 6. Limitation of Liability. Neither Party shall be liable to the other Party for any special, incidental, indirect, punitive or consequential damages, whether foreseeable or not, arising out of, or in connection with the other Party's: (i) failure to perform its respective obligations pursuant to this Agreement; or (ii) breach of its respective representations pursuant to 2 Q% this Agreement, including, but not limited to, loss of profits or revenue (whether arising out of transmission interruptions or problems, any interruption or degradation of service or otherwise), cost of capital, or claims of customers, in each case whether occasioned by any construction, reconstruction, relocation, repair or maintenance performed by, or failed to be performed by, the other Party or any other cause whatsoever, including breach of contract, breach of warranty, negligence, or strict liability, all claims with respect to which such special, incidental, indirect, punitive or consequential damages are hereby specifically waived. 7. Force Majeure. Neither Party shall be in default under this Agreement if and to the extent that any failure or delay in such Party's performance of one or more of its obligations hereunder is caused by any of the following conditions, and such Party's performance of such obligation or obligations shall be excused and extended for and during the period of any such delay: act of God; fire; flood; wars, insurrections and /or any other cause beyond the reasonable control of the Party whose performance is affected. The Party claiming relief under this Article shall notify the other in writing of the existence of the event relied on and the cessation or termination of said event. 8. Alteration in Writing. This Agreement supersedes any and all prior understandings and agreements, whether written or oral, between the parties with respect to the subject matter of this Agreement. No alteration or variation of this Agreement shall be valid unless made in writing and signed by the Company and the City. 9. Termination. This Agreement shall continue until the Company, or its assigns, no longer operates the Sign in a manner that allows public service messaging or in the event that Company sells the Sign. In the event the Company terminates operation of the Sign, it shall provide the City with at least ninety days notice prior to such termination in a manner that allows 3 Z'-;'-- for public service messaging. Should the Sign remain in existence following the Company's termination of operations, the rotation of messages displayed on the Sign shall be limited to a period of not less than twenty minutes between any change or movement of any image or message displayed on the Sign or such other time intervals as allowed under Eagan City Code. 10. Assignment. In the event that Company sells or transfers the Sign to another entity, this Agreement shall remain in effect only if the transferee provides written acknowledgement to the City prior to the transfer that it agrees to be bound by the terms of this Agreement. Should the Sign remain in existence after a transferee fails to provide the above written acknowledgement, the rotation of messages displayed on the Sign shall be limited to a period of not less than twenty minutes between any change or movement of any image or message displayed on the Sign or such other time intervals as allowed under Eagan City Code. 11. Notice. Any notice required hereunder shall be in writing and shall be addressed as follows: The Company: Thomas McCarver Clear Channel Outdoor, Inc. 3225 Spring St. NE Minneapolis, MN 55413 with a copy to: Marvin A. Liszt Bernick, Lifson, Greenstein, Greene & Liszt, P.A. 5500 Wayzata Blvd., Ste. 1200 Minneapolis, MN 55416 4 a� The City: City of Eagan Tom Hedges, City Administrator Tom Garrison, Communications Director 3830 Pilot Knob Road Eagan, MN 55122 with a copy to: Michael G. Dougherty, City Attorney Severson, Sheldon, Dougherty & Molenda, P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN. 55124 or to such other address as a Party may indicate in a written notice to the other. All notices and communications given under this Agreement shall be deemed to have been duly given and received: (i) upon personal delivery, or (ii) as of the third business day after mailing by United States mail, postage prepaid, addressed as set forth above, or (iii) the immediately succeeding business day after deposit (for next day delivery) with Federal Express or other similar overnight courier system, or (iv) 24 hours after facsimile transmittal with confirmation of receipt and followed by personal delivery, United States mail, or overnight delivery as specified in this Paragraph. 12. Minnesota Law to Govern. This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota excluding its conflict of law rules. All proceedings related to this Agreement shall be venued in the State of Minnesota. 5 aq IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written. THE COMPANY: Clear Channel _Outdoor, nc. By:. T Title: V,1 V4cjj ' 6 THE CITY: City of Eagan By: Mike Maguire Its: Mayor By: Maria Petersen Its: Clerk Exhibit A List of Enhanced Dynamic Display Sign(s) o Easterly Sign Profile -2750 Sibley Memorial Hwy- Eagan City Code off - premise sign No. 2 Lat /Long: 44.860620 N 93.17548 °W USNG: 15T VK 86135 67481 MI&O Agenda Information Memo November 4, 2010, Eagan City Council Meeting G. FINAL SUBDIVISION (LONE OAK 3RD ADDITION) — NWA REAL ESTATE HOLDING COMPANY, LLC ( DELTA AIRLINES) ACTIONS TO BE CONSIDERED: To approve a Final Subdivision (Lone Oak 3'd Addition) to create one commercial lot and three outlots upon approximately 125 acres located south of I- 494 /0'Neill Drive and east of Lone Oak Parkway, subject to the conditions of Preliminary Subdivision approval. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The site consists of approximately 125 acres located south of I- 494 /0'Neill Drive and east of Lone Oak Parkway. It contains one existing 273,000 s.f. multi -story office building (former NWA headquarters). ➢ The Preliminary Subdivision to create one lot and three outlots, and dedicate right -of -way for a new east -west public street through the site, was approved on September 21, 2010. ➢ All documents and Agreements associated with the Final Subdivision are anticipated to be received and in order for execution at the City Council meeting. ISSUES: None 60 -DAY AGENCY ACTION DEADLINE: Not applicable to final subdivisions ATTACHMENTS Location Map, pag Final Plat, pag� WA Location Map Dim Rd 1-494 Mendota Heights Map Zrea—Extent Eagan eo nro 0 A"Ilz�- AM Project Name: Lone Oak 3rd Addition Request: Preliminary Subdivision/PD Amendment Case Nos.: 01-PS-05-07-10&01-PA-06-08-10 4101ity of Min 0 Feet 0 500 1,000 2,000 Legend City Boundary Parcels Parks Buildings N g ze z n n za a LU C/) CD LU LC-) r_X U ----------------------- ------------------------ - K 17, L.7, -.9c.rsos - ---------- I L;l---------------- Z4 9; < LU .R __ � 'Ot' -_---- , ---- a LU C/) CD LU LC-) r_X U Agenda Information Memo November 4, 2010 Eagan City Council Meeting H. CONTRACT 10-08,2009 CITYWIDE SANITARY SEWER LINING ACTION TO BE CONSIDERED: Approve the 2nd and Final Payment for Contract 10- 08 (Citywide Sanitary Sewer Lining) in the amount of $18,441.00 to Insituform Technologies, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: Contract 10 -08 provided for the structural relining of approximately 4,432 feet of sanitary sewer laterals throughout the community. This work has been completed in accordance with the approved plans and specifications. • These improvements have been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. �1 Agenda Information Memo November 4, 2010, Eagan City Council Meeting V. PUBLIC HEARINGS A. CERTIFICATION OF DELINQUENT FALSE ALARM BILLS ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for delinquent false alarm bills and authorize its certification to Dakota County. FACTS: ➢ The City Code allows for collection through certification of delinquent false alarm bills, which are not paid. ➢ At the October 5 City Council meeting, a public hearing was scheduled for the November 4, 2010 City Council meeting. ➢ The City does not charge residents or businesses for the first three false alarms in a calendar year. A fourth or subsequent false alarm results in a $100 fee per alarm. The delinquent false alarm bills include a 10% penalty and a $25 certification fee. ➢ The City currently has five delinquent false alarm bills. The assessable amount of these bills is $895. Since last fall, the City billed 58 properties for this service. Of the 58 billed, 53 property owners paid the service fee and 5 are in order for certification to the County. None of the five to be certified have been or are in the foreclosure process. ➢ The City will accept payment for any portion of the assessment free of interest charges for a period of thirty days, beginning November 5 through December 6. If the assessment is paid after December 6, interest at 5% from November 5, 2010 to December 31, 2011 will be added to the principal amount due. The length of the assessment is one year. Unpaid balances will be collected with the 2011 property taxes. ➢ 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. ATTACHMENTS (1): Proposed assessment roll on page �. 31 Delinquent False Alarm Bills Delinquent Amount + Cert. Total Address PID 10% Penalty Fee Assessment 1793 Serpentine Drive 10- 16705 - 080 -04 110.00 25.00 135.00 4100 Skylark Lane 10- 32950 - 041 -03 110.00 25.00 135.00 1263 Promenade Place 10- 22472 - 092 -02 220.00 25.00 245.00 4536 Cinnamon Ridge Trail 10- 17400 - 112 -01 220.00 25.00 245.00 4241 Johnny Cake Ridge Road 10- 20500 - 010 -01 110.00 25.00 135.00 Grand Total 895.00 Agenda Information Memo November 4, 2010, Eagan City Council Meeting B. CERTIFICATION OF DELINOUENT WEED CUTTING BILLS ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for delinquent weed cutting bills and authorize its certification to Dakota County. FACTS: ➢ The City Code allows for collection of delinquent weed cutting bills through certification to property taxes. A 10% penalty and a $25 certification fee are added to all outstanding delinquent bills. ➢ At the October 5 City Council meeting, a public hearing was scheduled for the November 4, 2010 City Council meeting. ➢ The City currently has nine delinquent weed cutting bills. The assessable amount of these bills is $1,742.70. Since last fall, the City billed 12 properties for this service. Of the 12 billed, 3 property owners paid the service fee and 9 are in order for certification to the County. Of the nine to be certified, four have been or are currently somewhere in the foreclosure process. ➢ The City will accept payment for any portion of the assessment free of interest charges for a period of thirty days, beginning November 5 through December 6. If the assessment is paid after December 6, interest at 5% from November 5, 2010 to December 31, 2011 will be added to the principal amount due. The length of the assessment is one year. Unpaid balances will be collected with the 2011 property taxes. ➢ 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. ATTACHMENTS (1): Proposed assessment roll on page 5�; Delinquent Weed Cutting Bills Grand Total 3`} 1,742.70 Delinquent Amount + Cert. Total Address PID 10% Penalty Fee Assessment 4861 Four Seasons Drive 10- 83957 - 030 -01 $ 171.81 $ 25.00 $ 196.81 3325 Heritage Lane 10- 48000- 100 -01 $ 224.71 $ 25.00 $ 249.71 1790 Bluestone Drive East 10- 16706 - 070 -09 $ 171.81 $ 25.00 $ 196.81 3926 Thames Avenue 10- 18400 - 090 -02 $ 198.25 $ 25.00 $ 223.25 3310 Wren Lane 10- 32001 - 070 -01 $ 145.35 $ 25.00 $ 170.35 1392 Amaryllis Lane 10- 84351 - 100 -01 $ 171.81 $ 25.00 $ 196.81 3770 Greensboro Drive 10- 30900 - 010 -03 $ 145.35 $ 25.00 $ 170.35 1847 Deer Pond Circle 10- 14325 - 150 -02 $ 118.90 $ 25.00 $ 143.90 4252 Sun Cliff Road 10- 72975 - 020 -05 $ 169.71 $ 25.00 $ 194.71 Grand Total 3`} 1,742.70 Agenda Information Memo Nov. 4, 2010 Eagan City Council Meeting C. CERTIFICATION OF DELINOUENT 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 Oct. 5, 2010 City Council meeting, a public hearing was scheduled for the Nov. 4, 2010 City Council meeting. The City currently has approximately 1002 utility bill accounts with delinquent payments. The assessable amount of these accounts is $173,196.35. These items are in order for certification to the County. If certified another 5% interest is added. • 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. 0 179 utility accounts due for certification have had a sheriff's sale since January 1, 2007 or 16 %. 26 accounts had sheriff s sales in 2007, 31 accounts had sheriff's sales in 2008 and 60 accounts had sheriff's sales in 2009 and 62 accounts had sheriff's sales so far in 2010. ATTACHMENTS: Delinquent account list; page through. 3�' Account # House Nbr Street Name Unit Original Assessment 36502409 2977 Lexington Ave 72.2 35507607 3296 Sibley Memorial Hwy 46.19 36408003 1330 Towerview Rd 98.41 23900103 4095 Blackhawk Rd 151.42 23502602 1957 Jade Lane 303.15 23900608 1839 Kathryn Cir 191.5 23901200 1844 Kathryn Cir 90.73 13103007 643 Crimson Leaf Tr 186.65 13103304 655 Crimson Leaf Tr 233.29 13122502 4392 Tofte Lane 280.85 13157607 4350 Bent Tree Lane 160.14 36150423 3380 Coachman Rd 1651.62 23408313 1953 Gold Tr 497.88 23408503 1973 Gold Tr 162.04 11813805 4785 Beacon Hill Rd 75.97 11804101 1563 Lancaster Lane 89.81 11816907 4731 Covington Ct 130.49 11800505 4637 Beacon Hill Rd 67.94 11816303 4713 Covington Cir 51.47 11801206 4669 Beacon Hill Rd 260.47 11818804 1600 Covington Lane 156.78 11806007 4635 Kingsbury Dr 251.21 11818606 1610 Covington Lane 182.84 11815701 4762 Beacon Hill Rd 174.74 12838306 4717 Berkshire Ct 146.37 12840609 1934 Berkshire Dr 175.28 12840005 1948 Berkshire Dr 77.6 12839106 1941 Berkshire Dr 208.9 12836102 1926 Covington Lane 157.74 24403008 3434 Washington Dr 2148.46 24430209 1279 Windcrest Ave 166.28 24450504 3899 Denmark Ave 183.47 25630302 3777 Robin Lane 88.16 25651308 3731 Brown Bear Tr 15.27 25651902 3759 Brown Bear Tr 260.34 25649203 1844 Deer Pond Cir 307.51 25653205 3681 Robin Lane 460.66 24226904 1619 Ashbury PI 162.83 25208802 1631 Blackhawk Lake Dr 165.34 24404600 1690 Blackhawk Cove 100.04 24405805 3678 Birchpond PI 118.7 24406308 1655 Blackhawk Cove 393.54 24406001 3684 Birchpond PI 154.71 24117707 3838 Riverton Ave 229.28 24117004 3830 Riverton Ave 158.45 24123309 1617 Murphy Pkwy 83.39 25205907 1509 Blackhawk Ridge Way 263.89 25213901 1474 Blackhawk Lake Dr 99.04 25213406 3792 Blackhawk Ridge Cir 200.65 11512704 4273 Boulder Ridge Pt 79.32 11510104 4245 Boulder Ridge Pt 85.44 11508702 4205 Heine Ct 116.66 11515103 4212 Juniper Pt 62.24 11515509 4217 Juniper Pt 189.98 25001504 3838 Laurel Ct 76.31 25002908 3821 Laurel Ct 107.03 25012600 3802 Heather Dr 125.79 25012907 3805 Heather Dr 111.57 25013004 3807 Heather Dr 111.12 25001314 3811 Heather Dr 99.54 25007105 3837 Heather Dr 161.91 25010307 3840 Heather Dr 135.56 25011404 3820 Willow Way 95.94 37611001 757 Mill Run Cir 218.94 37614302 766 Bridle Ridge Rd 195.35 37607207 661 Bridle Ridge Rd 309.14 37615309 780 Canter Glen Cir 134.59 37617107 3906 Canter Glen Dr 204.78 37121001 861 Trotters Ridge 58.08 11909512 1677 Sherwood Way 175.25 11900305 1684 Sherwood Way 27.75 11902301 1676 Sherwood Way 182.78 11905700 1567 Sherwood Way 93.88 11901600 4812 Shevlin Ct 66.23 11907052 4842 Sheffield Lane 87.03 11917002 1519 Wellington Way 418.65 24403206 1384 Crestridge Lane 78.08 36702009 3262 Rolling Hills Dr 236.54 36706208 542 77th St W 77.13 36723807 682 Hillside Dr 13.11 36723609 3449 Rolling Hills Dr 12.72 36723104 3239 Hillside Ct 255.85 36720308 3386 Rolling Hills Dr 46.86 36720605 3374 Rolling Hills Dr 89.71 36712503 3314 Rolling Hills Dr 34.73 36712701 3306 Rolling Hills Dr 128.35 0038269502 & 0038269510 3010 Lunar Lane 127.97 36604205 585 Chapel Lane 73.7 36603603 540 Chapel Lane 1177.15 36116705 1624 Donald Ct 139.17 12117800 1126 Tiffany Dr 201.74 12116000 1085 Tiffany Dr 199.29 10612307 4321 Pilot Knob Rd 143.06 10612414 4375 Pilot Knob Rd 180.44 12601209 4489 Scott Tr 107.1 12607602 2128 Cliffhill Lane 119.26 12605507 2115 Cliffhill Lane 264.19 S7 12605804 2103 Cliffhill Lane 128.55 12606901 2094 Cliffhill Lane 191.44 12601803 4471 Scott Tr 77.85 12603106 2099 Cliffview Dr 82.87 12604005 2110 Cliffview Dr 80.55 12611406 4501 Scott Tr 169.04 12608105 4528 Scott Tr 145.58 12608303 4534 Scott Tr 156.95 12610200 4535 Scott Tr 47.66 12610309 4533 Scott Tr 40.99 12610002 4541 Scott Tr 220.33 12608907 4556 Scott Tr 133.28 12609509 4555 Scott Tr 101.39 23301005 4056 Diamond Pt 269.89 23300908 4050 Diamond Pt 184.84 23101801 2146 Sapphire Lane 115.76 23202609 4177 Topaz Dr 674.57 23200306 2030 Zircon Lane 190.9 23103401 2178 Garnet Pt 579.24 23107105 4130 Diamond Dr 100.42 23106909 4144 Diamond Dr 267.59 23112006 2060 Emerald Lane 249.19 23109309 2087 Garnet Lane 101.25 23105109 2100 Garnet Lane 587.74 23112808 2088 Opal Dr 120.35 23104409 2128 Garnet Dr 177.65 23112402 2106 Opal Dr 245.6 10400505 2002 Diffley Rd 83.78 10312403 2046 Diffley Rd 35.37 10309508 4247 Sandstone Dr 161.11 10303303 4253 Jasper Dr 686.05 10210607 4251 Diamond Dr 96.02 10300200 4266 Amber Dr 281.62 10210300 4267 Diamond Dr 99.04 10210201 2125 Marble Lane 164.82 10307205 2042 Coral Lane 144.5 10206605 4295 Amber Dr 222.74 10403400 4272 Sandstone Dr 77.83 10206506 4301 Amber Dr 102.63 10310605 2063 Coral Lane 432.03 10402808 4308 Sandstone Dr 176.53 10307403 4230 Moonstone Dr 29.88 10402501 4354 Jasper Dr 208.94 10205409 2069 Marble Lane 166.5 10401107 4235 Rahn Rd 333.94 23102304 4084 Diamond Dr 357.49 23213705 2055 Carnelian Lane 70.35 23307606 2082 Bluestone Dr E 172.79 23302607 2098 Carnelian Lane 302.11 Qj 23302805 2090 Carnelian Lane 789.95 23215601 2038 Flint Lane 160.55 23210107 2106 Jade Lane 227.81 23303308 2070 Carnelian Lane 125.49 23215205 2022 Flint Lane 67.46 23208101 2025 Jade Lane 116.93 23211006 2070 Jade Lane 99.06 23211303 2058 Jade Lane 93.03 23211402 2050 Jade Lane 63.39 23208804 2053 Jade Lane 104.64 23211600 2042 Jade Lane 167.63 23214208 2041 Flint Lane 125.52 23304108 2101 Carnelian Lane 235.97 23304009 2097 Carnelian Lane 98 23304603 2069 Bluestone Dr E 199.77 23304900 2057 Bluestone Lane 226.97 23305402 2037 Bluestone Lane 134.06 10105609 2091 Shale Lane 176.15 10201200 2073 Quartz Lane 255.44 10409407 4344 Sandstone Dr 212.37 10101905 2120 Shale Lane 122.42 10109106 2125 Copper Lane 49.7 10102200 2134 Shale Lane 163.16 10104602 2133 Shale Lane 251.95 10109007 4370 Diamond Dr 249.19 10102408 2146 Shale Lane 93.43 10108702 4352 Diamond Dr 199.49 10406601 4339 Rahn Rd 133.12 10203701 2106 Marble Lane 18.66 10110807 2074 Quartz Lane 218.64 10103604 4315 Diamond Dr 191.75 23607302 3948 Cinnabar Dr 274.22 23508807 4046 Mica Tr 150.07 23510100 4035 Amethyst Lane 72.41 23509003 4059 Olivine Dr 282.25 23503808 1908 Carnelian Lane 164.05 23804305 3924 Mica Tr 22.74 23507700 4034 Beryl Rd 315.74 23602600 1837 Turquoise Tr 151.51 23309008 1949 Turquoise Tr 259.51 23505605 4058 Rahn Rd 192.04 23803604 3966 Mica Tr 84.28 23502909 1948 Carnelian Lane 171.36 23509904 4016 Mica Tr 190.24 23511207 3961 Mica Tr 129.71 23502701 1956 Carnelian Lane 91.03 23309503 1921 Turquoise Tr 151.03 23506504 4035 Mica Tr 265.23 23601602 1812 Turquoise Tr 65.98 wd 23912801 1762 Gabbro Tr 297.34 23607609 1778 Turquoise Tr 33.81 23912702 1764 Gabbro Tr 14.42 23610702 1875 Gold Tr 224.6 23912405 1770 Gabbro Tr 141.98 23700800 3937 Turquoise Pt 67.44 23700206 3901 Turquoise Pt 126.54 23704703 3956 Turquoise Cir 97.97 23906803 1818 Bluestone Dr E 298 23909609 1806 Taconite Tr 170.86 23801806 4001 Pumice Lane 376.98 23909807 1798 Taconite Tr 272.67 23808207 4013 Limonite Lane 173.74 23906209 4072 Cinnabar Dr 201.97 23913502 1779 Taconite Pt 139.26 23807001 1847 Taconite Tr 207.37 23811409 1830 Carnelian Lane 131.76 23808801 1839 Carnelian Lane 90.21 23913007 4001 Blackhawk Rd 84.99 23806003 4036 Limonite Lane 181.45 23810609 4018 Pumice Lane 227.56 24108300 3958 Riverton Ave 348.72 24109100 1713 Monticello Ave 232.34 24105108 1725 Deerwood Dr 254.13 24101602 1745 Davenport Ave 199.92 24112104 3908 Riverton Ave 108.08 24115602 3871 Palisade Way 29.63 23609308 3872 Cinnabar Dr 593.73 23714009 1762 Silver Bell Rd 110.88 23713902 1764 Silver Bell Rd 31.64 23710601 3820 Country Creek Way 122.05 23710304 3828 Country Creek Way 108.23 13196100 4954 Rusten Rd 100.38 13196407 4942 Rusten Rd 69.14 13196704 4930 Rusten Rd 94.05 23410111 3645 Kennebec Dr 176.81 23410509 3659 Kennebec Dr 169.56 24715807 1383 Chatterton Rd 68.04 38310108 518 Chapel Ct 130.08 38311502 497 Chapel Ct 201.24 10801306 4454 Ches Mar Cir 42.43 11302908 1382 Lakeside Cir 34.4 11303500 1381 Lakeside Dr 187.43 11302700 1374 Lakeside Cir 92.72 11305000 4522 Oak Leaf Cir 407.14 11308418 1259 Dunberry Lane 45.14 12104501 1079 Kirkwood Dr 184.4 12102406 4586 Cantebury Cir 147.07 12104204 1067 Kirkwood Dr 146.67 12102208 4590 Cantebury Cir 12102000 4595 Cantebury Cir 12100707 4595 Maple Leaf Cir 12100400 4587 Maple Leaf Cir 12107504 1120 Gabbert Cir 12108205 1113 Kirkwood Dr 12109500 4568 Horizon Cir 12109708 4578 Horizon Cir 12111704 4563 Horizon Cir 12110201 4596 Horizon Cir 12110300 4597 Horizon Cir 12110706 4585 Horizon Cir 12618708 4510 Slater Rd 12621306 4571 Cinnamon Ridge Tr 12622304 4578 Cinnamon Ridge Tr 12622403 4576 Cinnamon Ridge Tr 12622809 4564 Cinnamon Ridge Tr 12623203 4552 Cinnamon Ridge Tr 12623609 4540 Cinnamon Ridge Tr 12623807 4534 Cinnamon Ridge Tr 12612503 4524 Cinnamon Ridge Tr 12612701 4510 Cinnamon Ridge Tr 12613501 4502 Cinnamon Ridge Tr 12613709 4504 Cinnamon Ridge Tr 12618005 4511 Cinnamon Ridge Tr 12617304 4503 Cinnamon Ridge Tr 12614905 4496 Cinnamon Ridge Tr 12614400 4490 Cinnamon Ridge Tr 12615605 4486 Cinnamon Ridge Tr 12615209 4482 Cinnamon Ridge Tr 12616405 4478 Cinnamon Ridge Tr 12627303 4476 Slater Rd 12631602 4469 Cinnamon Ridge Cir 12627006 4468 Slater Rd 12628103 4463 Slater Rd 12628202 4461 Slater Rd 12631107 4455 Cinnamon Ridge Cir 12631206 4457 Cinnamon Ridge Cir 12628301 4459 Slater Rd 12626008 4436 Slater Rd 12630406 4433 Cinnamon Ridge Cir 12629903 4419 Cinnamon Ridge Cir 12624201 4431 Slater Rd 12624904 4413 Slater Rd 12625208 4407 Slater Rd 12625406 4403 Slater Rd 12632667 4462 Cinnamon Ridge Tr 12632766 4444 Cinnamon Ridge Tr 12632790 4438 Cinnamon Ridge Tr 0 B B B 108.16 234.9 132.06 147.72 116.73 69.91 84.08 103.96 25 172.4 68.27 592.29 55.43 57.09 157.35 148.8 154.31 116.29 326.41 90.13 66.4 63.38 69.43 28.05 56.05 41.24 65.21 19.93 69.63 24.27 115.59 62.34 585.59 152.33 37.82 235.73 123.85 152.93 68.81 93.67 33.99 227.12 225.16 56.66 66.63 71.12 115.92 151.55 68.78 12632865 4426 Cinnamon Ridge Tr 110.28 12632857 4428 Cinnamon Ridge Tr 247.73 12632881 4422 Cinnamon Ridge Tr 15.47 12632899 4420 Cinnamon Ridge Tr 390.41 12632907 4418 Cinnamon Ridge Tr 188.43 12632964 4408 Cinnamon Ridge Tr 184.93 12633004 4400 Cinnamon Ridge Tr 238.26 12633111 4380 Cinnamon Ridge Tr 135.18 13200407 1850 Cliff Lake Ct 105.28 13201009 1862 Cliff Lake Ct 167.91 36140408 1600 Snowflake Dr 155.32 36142404 3231 Evergreen Dr 19.4 36144004 1613 Raindrop Dr 215.58 36144400 1605 Raindrop Dr 153.07 36146207 3236 Evergreen Dr 109.78 36112720 1587 Four Oaks Rd 131.04 36112787 1593 Four Oaks Rd 67.15 36112589 3147 Farnum Dr 222.61 36112639 1573 Four Oaks Rd 110.95 36120509 31466 Farnum Dr 54.98 37501202 4179 Countryside Dr 108.37 37502804 612 Autumn Oaks Ct 403.22 37504107 4142 Lantern Lane 243.82 36307908 2988 Pilot Knob Rd 199.6 36313609 2841 Vilas Lane 328.83 36307007 2930 Pilot Knob Rd 75.94 38205100 648 Coventry Pkwy 209.13 38202008 536 Esk Lane 112.62 38201505 3942 Thames Ave 162.43 38203709 574 Eden Cir 115.65 38209508 4083 Prairie Ridge Rd 264.29 38230603 500 Tyne Lane 185.46 38316808 607 Crane Creek Lane 117.88 38317103 601 Crane Creek Lane 11.62 38317301 597 Crane Creek Lane 75.82 38317509 593 Crane Creek Lane 43.12 38320107 3158 Crane Creek PI 46.67 0023409758 & 0089907805 3703 Kennebec Dr 971.2 24903908 1272 Duckwood Dr 52.61 24903205 3616 Denmark Ave 193.16 24902801 3624 Denmark Ave 182.34 24904708 3615 Crossroad Ct 39.94 24904609 3613 Crossroad Ct 284.43 24905705 3604 Crossroad Ct 52.61 24905606 3606 Crossroad Ct 107.91 25310202 1432 Cutters Lane 488.69 25310988 1446 Rocky Lane 166.63 37719804 3912 Danbury Tr 94.22 25636606 1742 Deerwood Dr 163.59 25633702 1863 Ruby Ct N 36407708 1382 Quarry Lane 36402600 1325 Jurdy Rd 36401206 3210 Marice Ct 36402105 1343 Jurdy Rd 36401917 1352 Jurdy Rd 36406114 3200 Jurdy Ct S 36406015 3206 Jurdy Ct S 36404705 3165 Jurdy Ct N 36404804 3171 Jurdy Ct N 36405710 3205 Jurdy Ct S 36405306 1380 Jurdy Rd 24338808 3775 Drexel Ct 24337305 1320 Dresden Ct 24604100 3552 Widgeon Way 24607004 1189 Kittiwake Cir 24606600 1181 Kittiwake Cir 24606501 1179 Kittiwake Cir 25719501 4177 Old Sibley Mem Hwy 38276507 810 Eagan Oaks Lane 12035804 2087 Royale Ct 0038282406 & 0038282414 1365 Corporate Center Cur 12200135 670 Diffley Rd 12904009 4464 Clover Lane 12904504 4461 Clover Lane 12900304 1832 Walnut Lane 12902904 4484 Clover Lane 12909602 4431 Clover Lane 12906004 4485 Clover Lane 12906103 4485 Clover Lane 12906301 4489 Clover Lane 12908901 4423 Clover Lane 12908802 4419 Clover Lane 12906806 4497 Clover Lane 12913000 4404 Clover Lane 12907200 1843 Walnut Lane 12912903 4404 Clover Lane 12907606 4401 Clover Lane 12912101 4418 Clover Lane 25305004 4002 Deerwood Tr 25304809 4145 Deerwood Tr 10606101 4343 Sequoia Dr 10603108 4233 Sequoia Dr 10603405 4242 Lodgepole Dr 10603900 4241 Lodgepole Dr 10606507 4362 Lodgepole Dr 13030606 1396 Interlachen Dr 13030200 1376 Interlachen Dr 13120605 4755 Cypress Pt B B B B B B 129.64 87.49 109.49 156.92 77.63 87.04 57.94 98.28 68.39 149.55 182.15 142.8 75.34 211.36 134.14 251.18 99.04 96.74 81.37 155.88 280.04 242.16 122.07 326.6 19.47 167.94 232.83 17.71 37.2 19.13 71.34 19.47 89.33 96.31 280.41 346.3 228.8 178.33 76.27 341.77 153.15 179.42 360.87 148.88 128.67 113.15 161.69 189.39 126.54 12238408 4463 Whitetail Way 848.1 12241402 4462 Reindeer Lane 230.63 12239208 4483 Whitetail Way 282.21 12237103 4481 Fawn Ridge Tr 77.6 12265807 4510 Oak Pond Rd 115.29 12265609 4517 Oak Pond Rd 49.88 12262507 4508 Whitetail Way 285.37 12265302 4505 Oak Pond Rd 103.58 12266508 4482 Oak Pond Rd 144.9 25718909 1827 Jourdan Ct 280.74 38301701 842 Govern Cir 211.35 38298402 897 Hyland Ct 429.42 38298709 906 Hyland Ct 209.07 38288908 894 Oak Ct 33.91 38289104 886 Oak Ct 305.74 38304101 3861 Big Timber Tr 45.51 38304200 3865 Big Timber Tr 27.42 38304507 3877 Big Timber Tr 81.14 38302808 826 Bald Lake Ct 65.6 0024428120 & 0024429110 3575 Pilot Knob Rd 100.4 12205001 745 Golden Meadow Rd 304.08 38336608 2805 Dodd Rd 13.76 0036601508 & 0038337705 2815 Dodd Rd 200.19 0038335709 & 0038335907 2864 & 2874 Hwy 55 27.52 37203106 3770 Greensboro Dr 83.72 25724303 4172 Raptor Rd 135.45 25723909 1783 Talon Tr 41.41 25724006 1779 Talon Tr 124.68 25724600 4160 Raptor Rd 48.97 25725300 4132 Raptor Rd 71.08 25725805 1715 Talon Tr 73.77 15504210 4871 Biscayne Ave 52.72 25111303 3569 Baltic Ave 142.43 25101007 3492 St Charles PI 21.19 25108507 1599 Park PI 274.79 25109000 3569 Coachman Rd 49.99 25110008 3575 Coachman Rd 623.1 25102005 3527 Coachman Rd 306.84 25102104 3533 Coachman Rd 265.48 25110404 1601 Pacific Ave 240.44 25105107 1629 Boardwalk 325.4 36607505 645 Rita Ct 250.01 36607901 3220 Random Rd 183.85 36607604 640 Rita Ct 185.43 36605905 3318 Wren Lane 76.85 36605301 3320 Roll Lane 25.65 13152509 554 Hawthorne Woods Dr 210.01 13153101 530 Hawthorne Woods Dr 296.23 13152004 4299 Dartmouth Ct 146.07 T 13155304 529 Hawthorne Woods Dr 13155502 521 Hawthorne Woods Dr 13155908 505 Hawthorne Woods Dr 10600500 4255 Heine Strasse 24901605 1311 Crestridge Lane 24902405 1297 Crestridge Lane 36300507 1440 Highview Ave 36300309 1420 Highview Ave 25400102 1396 Michelle Dr 23918402 4144 Meadowlark Way 23923006 4147 Meadowlark Pt 23922404 4135 Meadowlark Pt 13014105 4868 Richard Lane 36803401 3816 Fairhaven Rd 36800605 3958 Worchester Dr 36804003 3887 Worchester Dr 36806701 3929 Stonebridge Dr N 36801009 3942 Worchester Dr 36816502 713 Castleton Lane 36816601 697 Havenhill Rd 36812204 673 Brockton Cur 36822203 721 Bradford Cir 38220208 4040 Camberwell Dr N 24700601 1294 Berry Ridge Rd 24709107 4126 Blueberry Lane 24707804 4178 Blueberry Cir 13287404 4460 Erin Dr 12016614 2086 Kings Rd 12306809 4676 Penkwe Way 12305702 4708 Penkwe Cir 12301305 4677 Ridge Cliffe Dr 12309209 4649 Penkwe Way 12312005 4621 Penkwe Way 12310306 4639 Penkwe Way 12311106 4631 Penkwe Way 12311809 4623 Penkwe Way 12319703 4602 Ridge Cliffe Dr 12314506 4648 Penkwe Way 12316006 4608 Penkwe Way 12316709 4654 Penkwe Way 12319109 4608 Ridge Cliffe Dr 12316485 4619 Ridge Cliffe Dr 36304145 2845 Bridgeview Ter 36107209 3302 Donald Ave 36107605 3318 Donald Ave 36602019 3211 Hwy 55 36611705 3105 Joyce Ct 36612406 3119 Joyce Ct 24465908 1434 Kings Wood Rd 45- 1/2 1/2 1/2 1/2 1/2 10.48 525.11 274.23 124.89 197.57 56.56 139.27 65.27 198.41 25.04 99.23 77.71 50.74 248.3 70.75 261.48 239.46 136.59 94.56 518.17 179.91 189.28 150.4 30.54 302.08 170.15 91.91 113.66 81.17 100.83 119.95 687.71 151.57 103.01 348.22 531.09 181.62 138.08 39.23 290.57 563.02 50.33 65.27 292.37 124.89 15.4 26.79 61.26 278.25 25672205 1419 Kingswood Ponds Rd 0024712101 & 0024712119 4178 Knob Dr 12403408 4585 Lake Park Dr 12205209 670 Atlantic Hill Dr 12206603 618 Erie Ct 13131404 590 Todd Ave 36434306 3095 Shields Dr 36434009 3030 Shields Dr 36432607 3050 Shields Dr 36432003 3060 Shields Dr 36430908 3070 Shields Dr 36103406 3314 Heritage Lane 36107928 3305 Donald Ave 36105617 3240 Heritage Lane 13183207 4225 Daniel Dr 37401403 4025 Northview Ter 37400801 3993 Northview Ter 37010105 3615 Falcon Way 37019007 3699 Falcon Way 37016607 1063 Hummingbird Lane 37017407 1064 Hummingbird Lane 37017308 1068 Hummingbird Lane 37015104 3632 Falcon Way 37010303 3670 Blue Jay Way 37018504 3679 Falcon Way 12429502 4354 Braddock Tr 12428108 4317 Lex Pointe Pkwy 12430104 4336 Lex Pointe Pkwy 12436705 952 Jefferson Lane 12435103 933 Jefferson Lane 12437802 4337 Livingston Dr 37706900 3876 Gibraltar Tr 37700200 3877 Princeton Tr 37711801 3869 Gibraltar Tr 37701901 3928 Princeton Tr 37710902 1057 Kettle Creek Rd 37705100 1060 Ticonderoga Tr 37705308 1044 Ticonderoga Tr 37708302 1055 Briar Creek Rd 37708005 1043 Briar Creek Rd 37707700 1031 Briar Creek Rd 37707502 1023 Briar Creek Rd 37718509 1034 Savannah Rd 37716800 1023 Savannah Rd 37714607 964 Savannah Rd 37818200 3819 Danbury Tr 37808904 1075 Northview Park Rd 37800406 989 Ticonderoga Tr 37802006 1002 Ticonderoga Tr 101 103 101 106 335.55 489.6 383.76 253.17 175.53 74.9 157.11 87.94 42.62 38.5 251.78 57.37 306.11 146.74 250.05 232.5 128.63 130.37 327.28 118.8 140.84 74.6 411.24 307.08 290.81 170.04 97.69 211.48 78.12 21.22 119.97 97.87 73.89 40.59 149.13 353.07 141.47 107.61 253.3 311.43 78.73 30.41 192.35 187.84 297.53 66.34 134.64 123.8 51.14 37801503 1014 Ticonderoga Tr 119.7 37813607 967 Kettle Creek Rd 239.69 12460903 4403 Hamilton Dr 177.16 12462008 4392 Hamilton Dr 278.71 13115902 4220 Daniel Dr 93.88 13145503 997 Wildflower Ct 566.59 13143706 973 Wildflower Ct 242.33 13147608 1051 Walnut Ridge Dr 204.54 13149703 4331 Jennifer Ct 293.13 13149802 4327 Jennifer Ct 185.21 13179908 953 Trillium Ct 297.56 13178603 1005 Trillium Ct 361.37 13285903 1170 Lexington Ridge Ct 98.26 13284104 551 Caylin Ct 233.55 13244405 4553 Majestic Oaks PI 314.4 13245204 4528 Majestic Oaks PI 161.78 11118106 1659 Woodgate Lane 308.26 11117405 1670 Woodgate Lane 159.26 11117207 1682 Woodgate Lane 69.46 11122900 4383 Woodgate Lane N 189.43 11122306 4366 Woodgate Lane N 220.65 11125507 4354 Wood Duck Cir 151.71 11126703 4310 Woodgate Lane N 110.14 13208400 4296 Gadwall Ct 208.07 13209408 1701 Brant Cir 114.94 13211503 1785 Brant Cir 107.24 11620804 4621 Manor Dr 181.28 11621802 4606 Tamie Ave 183.12 13110002 4651 Tamie Ave 188.52 36506301 1046 Kenneth St 112.03 36508901 1046 Beatrice St 57.01 36504801 1057 Kenneth St 64.7 36504900 1061 Kenneth St 313.86 36508307 1070 Beatrice St 88.31 36505303 1077 Kenneth St 179.11 36503704 2836 Lexington Ave 16.47 36507705 1069 Beatrice St 158.88 36507507 1061 Beatrice St 49.92 36507408 1057 Beatrice St 229.14 36507101 1045 Beatrice St 53.43 36510105 1061 McKee St 65.97 36512309 1069 Keefe St 126.25 36105203 3345 Heritage Lane 167.51 11702602 4241 Beaver Dam Rd 96.07 11715513 1992 Shale Lane 230.67 11704509 1961 Timber Wolf Tr N 320.01 11700408 1979 Chipmunk Ct 56.08 11708203 1972 Timber Wolf Tr S 103.46 11708401 1964 Timber Wolf Tr S 156.13 47 11715117 1962 Shale Lane 42.44 11715109 1960 Shale Lane 174.35 11708906 1944 Timber Wolf Tr S 134.56 11701604 1989 BadgerCt 77.6 11701802 1977 BadgerCt 243.36 11702206 1982 BadgerCt 14.86 11714300 4353 Bear Path Tr 75.97 11714003 4365 Bear Path Tr 270.64 11713401 4389 Bear Path Tr 172.52 11707502 1971 Timber Wolf Tr S 265.69 25729203 4141 Rahn Rd 91.56 25668906 1685 Donegal Ct 316.48 13266903 694 Rosa Ct 257.56 13265806 697 Shelerud Dr 204.4 13266408 691 Rosa Ct 52.12 13266804 707 Rosa Ct 119.1 25729906 2108 Cedar Grove Tr 135.38 25730904 2128 Cedar Grove Tr 99.51 25731001 2130 Cedar Grove Tr 150.83 25746207 4024 Cedar Grove Lane 387.33 25745100 4002 Cedar Grove Lane 227.75 12221701 4292 Trenton Tr 200.4 12214102 4236 Trenton Rd 324.34 12228003 4310 Trenton Tr 278.32 12228102 4306 Trenton Tr 139.36 12214508 4210 Trenton Rd 69.46 12222501 4270 Valley Forge PI 135.42 12216305 4248 Braddock Tr 15.16 12213609 820 Yorktown PI 256.1 12223301 4279 Valley Forge PI 168.68 12215703 4215 Valley Forge PI 174.93 12215406 4202 Valley Forge PI 114.93 12224200 4289 Trenton Tr 192.88 12213104 4235 Trenton Rd 126.84 38293007 668 Lexie Ct 97.85 10809416 4424 Oak Chase Rd 83.11 25682105 1646 Oakbrooke Dr 79.84 25690504 1669 Oakbrooke Way 75.27 25691007 1689 Oakbrooke Way 150.78 25688904 1688 Oakbrooke Way 86.01 25699703 4043 Johnny Cake Ridge Ct 278.67 25701608 1573 Oakbrooke Ter 199.96 25703901 1570 Oakbrooke Ter 99.04 25702309 1555 Johnny Cake Alcove 284.33 25505504 1561 Johnny Cake Alcove 227.38 25716101 4130 Oakbrooke Curve 127.05 25715608 4113 Oakbrooke Curve 339.02 13216007 1908 Ridgecrest Cir 83.36 12134508 784 Cougar Dr _ 105.52 12133401 775 Cougar Dr 71.32 12133302 773 Cougar Dr 357.88 13237904 911 Oakwood Heights Cir 58.21 13237706 907 Oakwood Heights Cir 140.67 36209401 1556 Red Cedar Rd 127.08 12212304 4531 Hay Lake Rd S 154.99 12280624 668 Overhill Rd 284.65 12280673 659 Overhill Rd 286.54 13002605 4604 Parkcliff Dr 298.88 13002100 4618 Parkridge Dr 166.7 13000609 4619 Parkridge Dr 132.04 13018908 4650 Parkridge Ct 17.08 13015607 4659 Parkridge Dr 232.54 13018106 4674 Parkridge Dr 74.57 12135505 907 Park Knoll Dr 84.49 12135703 899 Park Knoll Dr 155.3 12826806 4742 Pondview Dr 285.55 12827200 4731 Ridge Wind Tr 182.9 12823902 1923 Covington Lane 87.32 12833406 4778 Galaxie Ave 164.8 12822607 4723 Narvik Dr 217.43 12824603 1895 Covington Lane 257.85 15511405 4580 Oak Pond Rd 123.96 24323503 3762 Denmark Tr 59.54 24322208 3716 Denmark Ct 196.12 24322109 3712 Denmark Ct 226.82 24324501 3757 Denmark Tr 195.08 13224308 517 Spruce St 475.47 13229109 4610 Stonecliffe Dr 608.47 13230404 1508 Thomas Lane 85.74 13231204 4670 Stonecliffe Dr 1271.83 13246707 1517 Covington Lane 195.77 13248109 1503 Sherwood Way 95.14 13248505 1496 Sherwood Way 218.5 13189105 4808 Weston Hills Dr 217.41 13192000 535 White Pine Way 224.95 13249206 4830 Sycamore Ct 185.43 36205003 2852 Sibley Hills Dr 237.71 36232007 1550 Skyline Ct 25 36232403 1547 Skyline Tr 23.47 36407104 1335 Quarry Lane 196.77 12026092 134.06 12026209 2017 Pin Oak Dr 279.32 12031407 2012 Vienna Lane 173.57 12031209 2016 Vienna Lane 235.38 12027108 2035 Pin Oak Dr 229.86 25500406 3760 Blackhawk Rd 38.64 12713905 1807 Covington Lane 90.06 12708707 4759 Narvik Dr 267.69 41 12714002 1801 Covington Lane 109.78 12710000 1819 Senja Ct 104.9 12712808 1846 Karis Way 99.26 12704300 4650 Lenore Lane 187.86 12802609 4715 Lund Pt 208.96 12802807 4725 Lund Pt 109.68 12801106 4704 Anne Pt 140.92 12802104 4714 Lund Pt 16.95 12806808 4676 Horten Pt 85.67 12806600 4684 Horten Pt 91.51 12807806 4675 Alta Pt 48.39 12805107 4684 Hirta Pt 252.37 12807301 4684 Stavern Pt 92.28 12809901 4676 Traverse Pt 126.15 12813705 4684 Lenore Lane 98.42 12810206 4677 Traverse Pt 146.41 12809604 4679 Sorrel Pt 29.52 12813002 4672 Lenore Lane 172.41 12818407 4702 Grenada Pt 131.14 12816807 4702 Thrush Pt 77.18 12816005 1794 Covington Lane 59.06 12819900 4701 Snowbell Pt 146.49 12818308 4701 Grenada Pt 88.73 12708988 1840 Narvik Ct 107.67 13215405 1769 Nokia Way 58.86 36202604 2954 Sibley Memorial Hwy 100.66 11200508 4333 Medary Ave 349.27 11202900 4362 Metcalf Dr 393.07 36307700 2987 Pilot Knob Rd 13.91 12202206 4291 Dodd Rd 81.67 12200507 755 Lasso Lane 110.67 12201307 773 Hackmore Dr 104.88 12004404 4872 Safari Pass 24.95 13107404 2039 Safari Heights Tr 76.41 24804205 3603 Widgeon Way 101.99 24804403 1235 TanangerCt 45.77 24804601 1247 TanangerCt 188.41 24805004 1230 TanangerCt 100.27 24800203 1231 Mourning Dove Ct 17.09 24810608 3701 Widgeon Way 37.61 24809600 3696 Widgeon Way 220.03 24831703 1207 Duckwood Tr 122.07 38333209 3169 Doneene Lane 59.5 38333407 3177 Doneene Lane 55.25 36606705 3235 Random Rd 97.65 25663907 3740 Burgundy Dr 58.5 25602103 1466 Paddock Ct 43.1 35500305 3207 Sibley Memorial Hwy 254.8 25502303 1390 Rocky Lane 45.55 15518202 4940 Dodd Rd 17.59 13235908 4509 Alicia Dr 155.75 13237102 4521 Alicia Dr 93.88 37113701 816 Shortline 24.84 37113800 817 Shortline 147.84 37115409 4023 Pennsylvania Ave 168.17 37116902 4036 Pennsylvania Ave 551.23 37116407 4056 Pennsylvania Ave 152.99 37105103 4188 Reading 101.95 37114402 4008 Pennsylvania Ave 212.61 37105608 4154 Pennsylvania Ave 100.87 37103306 4127 States Ave 152.04 37111002 4148 New York Ave 90.53 37107406 4080 Pennsylvania Ave 52.64 13292107 1442 Wellington Way 285.89 38254306 701 Granite Dr 69.15 38255501 712 Granite Dr 11.22 25203902 1435 Blackhawk Lake Dr 128.34 25203100 1406 Blackhawk Lake Dr 162.82 25201104 1442 Blackhawk Lake Dr 84.57 25200908 1482 Federal Ct 189.97 25202300 1438 Blackhawk Lake Dr 78.14 25203506 1415 Blackhawk Lake Dr 63.49 25221409 1586 Lakeview Curve 247.98 12137006 712 Summer Lane 178.23 13263009 1622 Summit Hill 35.27 11722204 4257 Sun Cliff Rd 85.39 11724903 4252 Sun Cliff Rd 485.01 11716602 1882 Deer Hills Tr 221.64 11717006 1874 Deer Hills Tr 159.43 11719705 4295 Sunrise Rd 75.19 11717303 4237 Sunrise Rd 280.52 11719804 4297 Sunrise Rd 149.71 11720000 4301 Sunrise Rd 333.71 11723004 4294 Sunrise Rd 189.26 11723608 1885 Sunrise Ct 58.69 11720802 4310 Beaver Dam Rd 231.45 11718806 4256 Beaver Dam Rd 118.12 11721206 4294 Beaver Dam Rd 253.1 11721305 4292 Beaver Dam Rd 232.6 11724309 1892 Sunrise Ct 53.49 11729308 4308 Sun Cliff Rd 87.09 11726908 4291 Sun Cliff Rd 253.51 11730504 4260 Sun Cliff Rd 80.62 11743606 1889 Deer Hills Tr 20.56 11743903 1883 Deer Hills Tr 178.29 11733607 1871 Deer Hills Tr 83.09 11741709 1864 Deer Hills Tr 237.96 11742806 4305 Eagle Crest Dr 26.23 S( 11730801 1857 Deer Hills Tr 11737509 4281 Fox Ridge Rd 11735107 4302 Fox Ridge Rd 37902921 890 Suncrest Ct 12243309 4341 Golden Meadow Ct 12233805 776 Sunset Dr 12243606 4246 Yorktown Dr 12247300 4250 Augusta Lane 12245205 4371 Yorktown Dr 24205502 3483 Greenwood Ct S 24205007 3471 Greenwood Ct S 24204604 3463 Greenwood Ct S 24202400 1527 Greenwood Ct N 24203309 1545 Greenwood Ct N 24206906 3478 Greenwood Ct S 24205700 3485 Greenwood Ct S 24204406 1524 Greenwood Ct N 24205205 3475 Greenwood Ct S 24204505 1522 Greenwood Ct N 24208605 1515 Woodview Ave W 24210700 1486 Woodview Ave E 24210809 1488 Woodview Ave E 24210106 1520 Woodview Ave W 24212102 1489 Woodview Ave E 24210502 1504 Woodview Ave W 24212300 1493 Woodview Ave E 24211203 1480 Woodview Ave E 24201709 1522 Aspen Dr 24213209 3421 Highlander Dr 24216509 3436 Highlander Dr 24214504 3449 Highlander Dr 24215204 3456 Highlander Dr 12244604 792 Golden Meadow Rd 89907245 1721 Terra Glenn Ct 25737503 1716 Terra Glenn Ct 0023406895 & 0023406911 3800 Tesseract PI 38227005 3829 Bridgewater Dr 12022109 1975 Covington Lane 12022208 1989 Safari Tr 12022802 1966 Safari Tr 12535308 1614 Clemson Dr 12533907 4313 Clemson Cir 12533600 4311 Clemson Cir 38009403 3794 Linden Ct 38257903 3551 Woodland Tr 12400503 1482 Lake Park Cir 12500203 1500 Auburn Ct 12505004 1515 Clemson Dr 12504601 1520 Clemson Dr 5a 3 126.13 209.48 223.88 189.99 237.1 167.92 106.07 171.24 77.24 121.31 181.33 129.31 162.98 84.7 50.23 276.28 179.45 162.81 148.33 56.56 101.08 56.56 68.41 157.06 542.65 150.07 52.61 522.3 175.09 748.42 224.8 149.72 48.08 146.09 83.38 711.45 465.46 69.46 283.95 593.97 55.63 117.01 77.02 232.5 287.05 95.35 35.56 50.34 222.98 12505509 1519 Clemson Dr 12508909 1560 Baylor Ct 12508602 1564 Baylor Ct 12516704 1566 Clemson Dr 12516803 1566 Clemson Dr 12518908 1592 Clemson Dr 12519906 1602 Clemson Dr 12576500 1588 Mallard View 35509207 940 Chloe Lane 24306805 3637 Denmark Ave 24306508 3647 Denmark Ave 24305609 3661 Denmark Ave 24301301 3650 Kolstad Rd 24305005 1297 Kolstad Lane 24303703 1296 Kolstad Lane 24303406 1300 Kolstad Lane 24321200 1277 Timbershore Lane 24319709 1253 Timbershore Lane 24308603 3660 Denmark Ave 24318909 1241 Timbershore Lane 24300501 1306 Crestridge Lane 24310203 1264 Timbershore Lane 24319808 1255 Timbershore Lane 24309106 1282 Timbershore Lane 24316606 1203 Timbershore Lane 24312209 1182 Timbershore Lane 24313702 3678 Denmark Ave 24316903 1209 Timbershore Lane 24317406 1217 Timbershore Lane 24318503 1233 Timbershore Lane 24314205 1165 Timbershore Lane 24318701 1237 Timbershore Lane 12018305 2148 Nancy Cir 24009508 1747 Bluebill Dr 24005803 1770 Flamingo Dr 24006702 1747 Flamingo Dr 24010209 1731 Bluebill Dr 24008807 1732 Bluebill Dr 24007908 3779 Red Robin Lane 24007700 3781 Red Robin Lane 24010704 1751 Bluebill Dr 24009904 1741 Bluebill Dr 24005209 1756 Flamingo Dr 24001208 3777 Grey Dove Lane 24012908 3770 Golden Hill Ter 36300101 1410 Skyline Rd 36300200 1414 Skyline Rd 35501410 1426 Skyline Rd 35501808 1436 Skyline Rd -53 0 240.28 74.54 96.68 109.97 115.84 261.74 25.01 49.41 123.94 36.76 91.33 141.13 115.57 66.78 102.67 301.76 77.06 116.87 20.37 178.36 63.34 122.21 114.51 62.08 150.31 365.15 156.31 82.6 138.34 249.81 33.38 146.68 203.04 587.63 54.45 381.8 141.52 50.27 203.26 113.57 119.89 64.38 198.26 118.82 37.56 101.55 82.83 95.56 150.61 35501709 1432 Skyline Rd 175.47 13003900 4805 Eriks Blvd 256.84 13004403 4844 Eriks Blvd 156.8 36305209 2860 Highridge Ter 108.71 12010401 2118 Viburnum Tr 109.22 12014205 2048 Kings Rd 257.49 12013405 2064 Kings Rd 142.41 12017604 2082 Kings Rd 11.11 12008207 2091 Pin Oak Dr 226.53 12016101 2062 Viburnum Tr 244.85 12007308 2041 Pin Oak Dr 190.04 12011508 2104 Vienna Lane 221.03 13187802 639 Waterview Cove 71.81 13188107 646 Waterview Cove 205.39 13188404 658 Waterview Cove 196.35 12121802 1006 Wedgwood Lane N 217.12 12126108 931 Waterford Dr E 94.81 12123501 1051 Wedgwood Lane N 70.9 12120309 1017 Wedgwood Lane S 188.61 12122107 4458 Wedgwood Dr 159.54 38273009 874 Trails End Rd 211.33 37005907 872 Trails End Rd 416.43 37007507 892 Wescott Square 49.11 37007606 866 Wescott Square D 221.79 37004306 926 Wescott Tr 471.9 24511404 3921 Westbury Dr 135.42 24511800 3945 Westbury Dr 141.73 24511909 3951 Westbury Dr 221.75 24516601 3840 Westbury Lane 179.67 24561706 3856 Westbury Lane 52.63 24561805 3860 Westbury Lane 253.37 24521304 3912 Westbury Way 264.98 24517302 3933 Westbury Way 109.03 24517609 3926 Westbury Tr 214.15 24518003 3910 Westbury Tr 239.04 35509504 3544 Wescott Woodlands 11.08 38225207 3463 Trails End Rd 191.37 13137500 524 Weston Hills Ct 351.33 13139100 4691 Bristol Blvd 381.79 13167309 4701 Stratford Lane 136.61 13124706 4231 Wexford Way 677.59 13162607 1600 Wexford Cir 149.01 12645701 4828 Whispering Ct 79.92 12645305 4813 Whispering Ct 215.08 13243209 2269 Wall St 310.81 10910909 1219 Balsam Tr E 292.3 10912905 1222 Carlson Lake Lane 154.52 11502101 4344 Orion Lane 118.53 11506201 4304 Kaufmanis Way 255.23 Sq- 11500105 1154 Aquarius Lane 255.01 11507506 4365 Capricorn Ct 419.14 10803807 1345 Wilderness Run Dr 130.74 10803609 4421 Wilderness Run Cir 106.76 10701001 4395 Garden Tr 325.31 10701209 4383 Garden Tr 137.92 10700300 4360 Garden Tr 201.65 10703908 1386 Cleome Lane 80.78 10804805 1282 Vildmark Dr 121.52 10704906 4326 Garden Tr 116.14 10705408 1348 Cosmos Lane 136.02 10712800 1269 Wilderness Run Rd 101.08 10905909 1339 Easter Lane 118.09 10905917 1341 Easter Lane 175.19 10900702 1376 Balsam St E 149.09 10903805 1347 Sigfrid St E 100.49 10900801 1370 Balsam St E 158.87 10900900 1366 Balsam St E 199.25 10902302 1355 Balsam St E 126.42 10901403 1340 Balsam St E 58.45 10905107 1346 Easter Lane 182.76 10907806 4251 Carlson Lake Lane N 321.71 11400108 4236 Malmo Lane N 103.55 11407905 4249 Dunrovin Lane 55.69 38237400 3694 Willbrook Ct 168.53 24334401 3830 Denmark Ave 63.49 24336208 3809 Deercliff Ct 2602.42 24333908 3864 Denmark Ave 238.43 24333809 3866 Denmark Ave 521.19 24333106 1274 Deercliff Lane 17.76 24335002 3805 Denmark Ave 161.3 24333601 3855 Denmark Ave 31.11 24327702 3811 Windcrest Ct 95.44 36917003 3633 Windtree Dr 267.64 36909505 696 Stonewood Rd 241.44 10503803 4546 Johnny Cake Ridge Rd 108.82 10511202 1650 Hickory Hill 85.89 10500700 1677 Walnut Lane 189.44 10501500 1632 Walnut Lane 168.9 10513901 1669 Hickory Hill 59.98 10510204 1666 Hickory Hill 68.81 10505808 1662 Hickory Lane 69.2 10509503 1663 Hickory Lane 20.93 10506806 1646 Hickory Lane 211.76 10511905 1629 Hickory Hill 150.43 10508505 1647 Hickory Lane 84.49 11000809 1720 Walnut Cir 90.47 11005907 1711 Hickory Hill 244.7 11007705 1743 Hickory Hill 208.5 S5- 11005204 1721 Hickory Hill 140.59 11003100 1708 Hickory Hill 86.73 11002607 1702 Hickory Hill 110.31 11010600 1803 Walnut Lane 73.62 11103306 4461 Woodgate Ct 153.21 11103108 4463 Woodgate Ct 152.04 11102902 4465 Woodgate Ct 156.73 11112000 1702 Woodgate Lane 232.12 11111507 1710 Woodgate Lane 159.36 11105400 4440 Woodgate Pt 46.17 11105301 1730 Woodgate Lane 47.49 11100906 4448 Woodgate Ct 202.82 11110301 4439 Woodgate Pt 152.93 13264700 4410 Woodgate Cove 134.39 23308562 3898 Rahn Rd 138.51 23308554 3900 Rahn Rd 108.94 23308539 3902 Rahn Rd 420.3 23308547 3904 Rahn Rd 155.46 25709106 1510 Deerwood Bend 125.3 25709700 1498 Woodstone Cir 89.85 25710104 1490 Deerwood Bend 124.31 23406853 2125 Silver Bell Rd 189.74 36233146 2950 Skyline Dr 130.35 173196.35 Agenda Information Memo November 4, 2010 Eagan City Council VI. OLD BUSINESS A. HAWTHORNE RIDGE — CUOUI'S CAFE ACTION TO BE CONSIDERED: To direct the City Attorney to prepare a Modification to the covenant restrictions for the Hawthorne Ridge strip retail center located at 525 Diffley Road and direct preparation of notice to neighboring property owners. Or To direct no further action on this request. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ City staff was recently approached by one of the businesses in the shopping center, Cuqui's Cafe, with a request to modify the restrictive covenants to lift the prohibition on the use of cooking exhaust systems and allow preparation of grilled and fried food. The owner of the restaurant has submitted a letter and 8 -page petition supporting this request. ➢ The City originally acquired the property at Hwy. 3 and Diffley Road for the purpose of constructing storm water ponds to serve the surrounding area. The pond improvements comprise the western 2/3 of the approximately 10 -acre parcel. In 2002, after the pond improvements were complete, and in anticipation of sale of the property to a private developer for future use, the City rezoned the property as Neighborhood Business, but also adopted covenants that prohibited certain uses, including restaurants, that are otherwise permitted in the NB zone in consideration of the proximity of the adjacent neighborhood. The property was sold to Excel Development in 2004 with the zoning and covenants attached to the property. ➢ Since the strip center opened in 2005, the City Council has twice modified the covenant restrictions with regard to restaurant uses at the request of either the property owner or business owners. The first in 2006 allowed a coffee /sandwich shop. The second was in 2008 and permitted one Class I restaurant. ,5q ➢ The proposed action would direct staff to work with the City Attorney's office to prepare an amendment to the covenants that would allow the proposed use. The merits of the proposed amendment would be discussed further by the Council at a future meeting (December 7, 2010) following notification of immediately neighboring properties. This is consistent with the City's past practice on similar requests. ➢ In the alternative, if the City Council determines that the current request is substantially similar to prior ones for which the merits have been considered and a decision rendered, it may turn down the request and direct that no further action be taken in this regard. ATTACHMENTS: (2) Location Map on page Letter and petition on pages .& through G <�, RECEIVED OCT 13 2010 Car C October 12, 2010 Ms. Pamela Dudziak City of Eagan Planning Department 3830 Pilot Knob Rd. Eagan, MN 55122 Re: Ventilation Restriction Dear Ms. Dudziak: We are the owners of Cuqui's Cafe located at 525 Diffley Rd. 2080 (corner of Hwy, 3), in the Hawthorne Ridge Mall, of Eagan, MN. Cuqui's Cafe opened on January 11, 2010. It is a sit -down type of restaurant where coffee, smoothies, soft drinks, sandwiches, and pastries are sold. For the past nine months Cuqui's Cafe has been offering nearby communities and businesses a limited menu due to a ventilation restriction. This restriction does not allow us to cook food, which limits our ability to offer more choices to the customers and, thus, our capability to grow the business. On numerous occasions we have tried different offerings within our limitation, but with little positive result. We would very much like to remain a business in Eagan, but we find it very difficult to improve business with the current limitation. I have been working the business for 60 -hours a week and have not been able to take a draw for my labor. We were not aware that Eagan has this type of restriction and, therefore, request from the City that this petition be put on the agenda for consideration. It would make a tremendous difference if the ventilation restriction could be removed so that Cuqui's Cafe can offer a larger menu to their customers and surrounding businesses. The menu would include Caribbean food that would be cooked on a grill or fryer, which would allow us to prepare the food more rapidly �O and increase the items on the menu and, thereby, the number of customers dining at our facility. Enclosed are the signatures of several of Cuqui's Cafe's customers interested in supporting this request. Enclosures Very truly yours, 44x6A�� Robert Sommers Owne Raqu mm ers Owner (c,5 /) j4,3 - 0y-7G �l PLEASE HELP OUR BUSINESSES TO SUCCEED IN HAWTHORNE RIDGE MALL!!!! We the undersigned would like to have the business ventilation restriction removed from the property of Hawthorne Ridge Mall located at the corner of Hwy 3 and Diffley Road in Eagan Minnesota. The removal of this restriction will allow a restaurant or similar type of food establishment which needs ventilation to run their business to be developed on the Hawthorne Ridge Mall premises. This type of establishment is needed to increase the business climate in the area and give the surrounding communities another option for cuisine that they so desire. # Name Address Phone Email 1 SiZS�— �'i'�`rC %f'7if�� .�/JJp�S -l- 9 ���0 blackc�ii�a,on� /iqk 2 (;t 55q 56 3 '�'t �l'1'�+�A,��- `� tu�i�jr; . - ,�,.�. ► ' -`�C� `�l.�'1C�L��� �-( 4 r L!� �0 (Ki c- d 5 ' r I aIVLA 5r!i1� �L UICI 6 �J RJ - YN l b )tA 7 � ! /S 10 11 • u CX 12 62 13 15 De-1 14 16 �- ill (r• �t 3 � 1't��' 17 1 ci S � h �� LC r (� �! -�/��- 5�," S.W. CID CIA 20 PLEASE HELP OUR BUSINESSES TO SUCCEED IN- HAWTHORN E RIDGE MALLM ! 65 ,-- " � s. i c 21 22 7v� bP�►1lel� 1��. �r -70 - �f�.S�O 23 Lump" 6�V 24 25 ' 26 r 2 28 29 (,,,j' Aee- 6) E 31 _ 32 - 6 3 -o� 33 . 34 �u 35 �1 36 38 _ C: 'A4 ✓i �L 'JT[.L.11lJ 39 � ��`r C ��►- ti--c�� C�� -� 2b- 40 41 (t�lZ J 43 ',:, Z9 A; yam^' �L3� �,�1�'n3� d t.e �/4 -) 65 ,-- " � s. i c PLEASE HELP OUR BUSINESSES TO SUCCEED IN HAWTHORNE RIDGE MALL! ! !! 44 45 46 Z 7 47 l r - Z_ � 48 i_►a.n.�J A�- •. ► ma c. ., yw n� tQ 6 r - y - -o 49 C l'tr .S�I/I d v 43 �- zr4 Cia -7Y7 -, 3e bU.3 % -i7�/ PLEASE HELP OUR BUSINESSES TO SUCCEED IN HAWTHORNE RIDGE MALL!!!! We the undersigned would like to have the business ventilation restriction removed from the property of Hawthorne Ridge Mall located at the comer of Hwy 3 and Diffley Road in Eagan Minnesota. The removal of this restriction will allow a restaurant or similar type of food establishment which needs ventilation to run their business to be developed on the Hawthorne Ridge Mall premises. This type of establishment is needed to increase the business climate in the area and give the surrounding communities another option for cuisine that they so desire. # Name Address Phone Email hawtn� 0 �110viyW rld cc 2 namor) q,53 %� � l 3 ar ()r,'— L 4 51 Pot �v 6"'U: -;-q� I - �G 5 r' C 9E %5 T ( I , 7( 6 i M . / 05 -X \1� 11x r U a\ MI. 7 8 S, �i`i� -� �'CplM� -�-� C�v� LJ ?J`f2 ��b P,,,-v4, 10 12 q2 S16 P01JShajzkt 13 L 14 15 16 17 18 19 20 CGIi') , CO 6+1 1W "( %Ivu 0, fLd PLEASE HELP OUR BUSINESSES TO SUCCEED IN HAWTHORNE RIDGE MALL! ! !! We the undersigned would like to have the business ventilation restriction removed from the property of Hawthorne Ridge Mall located at the comer of Hwy 3 and Diffley Road in Eagan Minnesota. The removal of this restriction will allow a restaurant or similar type of food establishment which needs ventilation to run their business to be developed on the Hawthorne Ridge Mall premises. This type of establishment is needed to increase the business climate in the area and give the surrounding communities another option for cuisine that they so desire. # Name Address Phone Email 1 Ci=MA42- PA:-AL-T-( nY�t tS i"1GUl�l €�rZy� t t 209 0 E� fir, MN S�j123 (�S t 3v 11 Y-AYl -F ; S 5 < I rov� 2 /'l �G�C S�GtG1 ^rLa Z Ch "o SIC r= ,mot AJ S �' �`1 S'�� `l�„Y,Z •�, a C,- 3 11nn-- p (2 c 4- 4 ��... �{ ion i ^�;2�e c. 2 x;51- 5 igkkivf,, eid rcc S1 - ���1(F -C >�IG C;vl�yk 3l`7S "1 , 6 r r�l,�l Y� �J�- 1�i� -� ��� ���� ' 1Z =Z1C) IC I ��ti���lNtir�C�?�� k zo-) v.��• 9 �Ll ✓�_ �L 'L I � 1a o C �s( (ci,n /� s1 - �S -�4S`1 i6oerLUllYI1,e 10 'J (O �o 14 aCoacA(Zd.ldl e� -1-4 15 `( y,o E�tt� �-e r�� -( � cad, INS 17 18 4101 Sly t' �8' ^'I" Lo�l -3l) fjof 19 �J "VIwo i4D`� �uhurn �JL. iZUSem�unk PLEASE HELP OUR BUSINESSES TO SUCCEED IN HAWTHORNE RIDGE MALL!!!! f✓,Ac, c1,,,. 55-12 3 0 GJr'�ta� �l i !e,�, tnCt;1'; , t- Go," 21 p 36? 2 (_�rci-< (e,51-2-71- q Ub6 cLm'O cv. 5t_hv 22 , I Sb��rner j9)q l�s�evr SY . ((,`u�) rc. q�� Nbr+k-r�' e) c� MAI 5505% d1�3 -0' 74o c►lnco- c 23 ';�C, U }Her Rl1 �1lrt, Y' -13-11 1304, L,;�•b 651 Z� �Z 1neto4' rw�AJUl '20 c`� h o �n 24 �J (/�� �- L 1 a� ,�� 3� (, 2- /_\ r 1 Ln e- c. f t S L- Y v J "- ' t y rho �S 25 26 27 2��� h ��� ,l -� 28 r -qJ � -9)S �S 1(( 29� A 311 30 OA-C- Harr -kecg01 7 C� o-L � MA) 3 B�rn�s. 31 L4 l 7 a e- 1 - 4 -e Pr�1 dtif SS I2 ���- �{Sa-�'i S!�iU %�x��N -['ca 32 U ((Gt i,)`��Ur (k e �Vjs or < (9 �I.�,q,� 70a1 S �� L v,ti� ct5 33 ( (i lu r r S e �- a �utv'tiz' �'z — ` �5 l '�� �5 re rrtZ �i� ,� { ti X56 Z? C��u �c�5 i . ✓t-� 34 -2q4 35 =T{�N lE l!Y1C�L. Cam'• r`..0 _ '�v N 53v wz -z. / 3c h< S r , iA . i col iA J &1 L 1 Z -44v -32 3v C,1t<c c;z�4 SN 3 33 s �r vz . 't/ssti 39 �i) tt>- p r 40 ` ��° h� IAn }iG V11 �,� b X63 any -yy -Z FCN fl-h 1% e ot 5 �a a MN 3 O 42 ,tlo?� � bq- y o - u 1 .4 _L 43 re �i�l�Es I 4 S55 a� f✓,Ac, c1,,,. 55-12 3 0 GJr'�ta� �l i !e,�, tnCt;1'; , t- Go," PLEASE HELP OUR BUSINESSES TO SUCCEED IN HAWTHORNE RIDGE MALL M We the undersigned would like to have the business ventilation restriction removed from the property of Hawthorne Ridge Mall located at the comer of Hwy 3 and Diffley Road in Eagan Minnesota. The removal of this restriction will allow a restaurant or similar type of food establishment which needs ventilation to run their business to be developed on the Hawthorne Ridge Mall premises. This type of establishment is needed to increase the business climate in the area and give the surrounding communities another option for cuisine that they so desire. # Name Address Phone Email 1 7) vm ��� ���r N' �/ ��� 16k -�r�� �� S 2 . 3 � 4rd �Gf`0. n �r fpja• `11�j �c}�`J� Qnn�.mamc's � 4 XXI I�A _ 5 6 UILI D90 $ --`� " n fl 12 1232 Iq� 9 112 10 Qve-- K, 12 r 6,Q - 14 ��TN .�A•il -k � �. /� �5�- X05• -�f �� 15 �±��Y� X5'1 ` (a C'Lopn YJ 16 - E) S' 17 7 -gO6I 18 19 J V / c / 20 QOl con, M" - Ct, M c� r. PLEASE HELP OUR BUSINESSES TO SUCCEED IN HAWTHORNE RIDGE MALL M 21 t 1ae,�/Y 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Agenda Information Memo November 4, 2010, Eagan City Council Meeting VII. NEW BUSINESS A. CONDITIONAL USE PERMIT — KEVIN FITZGERALD ACTION TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Conditional Use Permit to exceed the maximum 25% impervious surface requirement by 5.6% for property located at 656 Crimson Leaf Trail, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers Present FACTS: ➢ The property is zoned R -1 and located within the Shoreland Overlay of Hay Lake. ➢ The shoreland zoning restricts impervious surface to a maximum of 25% of the lot area. Impervious coverage may be increased with a CUP, provided the conditions in the shoreland ordinance are met. ➢ The subject site consists of a single family home with an attached garage, a shed and patio areas. The applicant proposes to construct an inground pool and pool deck on the property. The proposed impervious coverage is 30.6 %. ➢ The applicant is proposing to mitigate the impacts of the increased impervious surface by installing pervious pavers for the driveway, removing the existing patio in the rear yard, installing a sodded rain garden in the former patio area and installing a planted raingarden south of the pool. ➢ The proposed mitigative measures will offset the proposed increase in impervious area and reduce the existing impervious area by I%. ➢ The pervious pavers and raingardens will need routine maintenance to ensure they continue to function as designed to provide infiltration of stormwater. ➢ The Advisory Planning Commission (APC) held a public hearing on October 26, 2010, and is recommending approval. ISSUES: ➢ The applicant has proposed utilizing the existing drain tile system in lieu of rain barrels, as suggested by City Staff, as an additional mitigative measure. Based on the information from the applicant, the APC revised condition #16 to allow for other mitigative systems. 60 DAY AGENCY ACTION DEADLINE: November 13, 2010 ATTACHMENTS (3J; Location Map, Page Draft October 26, 001/�APC Min tes on pages? through . Staff report, pages��- t-- through�� �o �,I�,ssj ®� tt�►o�ej� �i ��I ®® ® ® ® �j __ -�_► ►. ®��11 ���. des 111` � ■�:.� X11 i ®�� � ® =■ ®� ®e o �fiie:���I • �/ �a�s�� MIS•.. � ..,.� ®. \� Ell ��� �— ®° ' ■erg ® ®, ® ®oo� v: ®� ®111® ®�� ®�'•� � �: �► O�� o� os :` of� ®1�,:' ■ ®� ®�C�® o ®fir o- �e�i ,i O ♦ = ie�� tea® =.111® � �a'� s_�� ►��� ='�� •: im od � ����s�� � ,�� o �■ :�,ti�- .:>_I�oI��!�� a �i , / MINION qW, _ wool ��► i�i�� 4� •ROM .. ... ,.. I�1 Advisory Planning Commission October 26, 2010 Page 2 of 9 IV. PUBLIC HEARINGS A. Crimson Leaf Trail Applicant Name: Homeowner Location: 656 Crimson Leaf Trail; Lot 5, Block 2, Autumn Ridge Application: Conditional Use Permit A Conditional Use Permit to exceed impervious surface coverage in a Shoreland Overlay District. File Number: 25- CU- 09 -09 -10 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated October 21, 2010. She noted the background and history. There was discussion regarding changes in the grade of the property, rd, ore significantly in the back yard. Kevin Fitzgerald, 656 Crimson Leaf Trail discussed the gutter system on his home. He stated he and his neighbors would prefer not to have rain barrels in the front yard to gather water from the front yard downspout as noted in one of the conditions. Also, as proposed, the backyard runoff from the downspouts will be directed to the rain gardens. He explained that he tested his French Drain system and no water ran to the street. He requested that condition 16 be modified or removed. Assistant City Engineer John Gorder discussed the purpose of condition 16 being that the water should infiltrate into the ground, reducing runoff to the street. He explained that if the Advisory Planning Commission is comfortable with the applicant's alternative method, it may remove or modify the related condition. Chair Chavez opened the public hearing. Kory Kennelly, 663 Crimson Leaf Trail stated support for the proposal. There being no additional public comment, Chair Chavez closed the public hearing and turned the discussion back to the Commission. Member Supina moved, Member Heaney seconded a motion to recommend approval of a Conditional Use Permit to exceed the maximum 25% impervious coverage for an in- ground pool and pool patio on a residential lot, located at 656 Crimson Leaf Trail, legally described as Lot 5, Block 2, Autumn Ridge, subject to the following conditions as amended: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council with the following exhibit: a Site Plan received September 30, 2010 2. The applicant shall remove permanent improvements placed on Park property. 3. The impervious surface of this lot shall not exceed 30.6% per the Site Plan received September 30, 2010. Za Advisory Planning Commission October 26, 2010 Page 3 of 9 4. Permeable pavers shall be designed to allow infiltration into the ground of at least the first %" of stormwater runoff, with this runoff not leaving the lot area after infiltration. 5. Permeable pavers shall be installed according to appropriate designs and installation details of the specific product to be used, in consultation with a qualified civil, hydrological engineer regarding site soil conditions, base preparation, etc. 6. Rain gardens shall be designed with a bottom, flat area that is at least 10 percent of the size of the contributing hard - surface area. There shall be proper soil loosening /soil- replacement below the raingarden basin area to ensure its effectiveness to infiltrate water within 48 hours of a storm event. 7. Geosynthetic fabric shall be installed in the planted raingarden, located south of the pool, to keep soil from washing through the wall. to keep soil from washing through the wall. 8. The final design of both rain gardens shall specify receipt of runoff through sheet flow, surface swale, crush -proof piping or a similar conveyance method to ensure adequate and safe runoff delivery to the basins. Overflows from rain gardens shall not adversely affect the long -term integrity of the retaining wall structure or cause cdownhill erosion into Lakeside Park. 9. Permeable pavers and rain gardens shall be installed according to the design criteria and according to the guidance of the Minnesota Stormwater Manual, with technical assistance from the Dakota County Soil and Water Conservation District as appropriate. 10. The rain garden and permeable pavers shall be properly maintained to sustain the infiltration rate according to the design criteria. 11. Mitigative designs and installations shall be approved by the City Engineering Division and the installation shall be overseen and inspected by City staff at the time of installation. 12. Prior to the release of the Conditional Use Permit for recording, the applicant shall provide a $500 escrow deposit for inspection of the paver installation and inspection of the raingarden(s) installation. 13. The rear yard paver patio shall be removed prior to issuance of the building permit for the swimming pool. 14. The applicant shall discharge water from the pool in a form and manner acceptable to the Water Resources Coordinator. 15. Building Permits shall be obtained for the;retaining walls along with engineered drawings of the proposed walls. 16. The applicant shall install rain barrels or other drainage system as approved by city staff to capture runoff from the roof pitch that drains toward Crimson Leaf Trail and divert runoff from gutter downspouts toward the backyard of the lot. Member Daley stated he will vote in favor of the proposed because it is a 1 % reduction in runoff from the existing conditions. Member Supina stated appreciation for the effort made by the applicant on mitigation measures. Member Dugan agreed with Members Daley and Supina. Chair Chavez stated the proposed is a good exchange for the City and the homeowner. He stated there was a good faith effort to accommodate the needs for both parties. All voted in favor. Motion carried 7 -0. 173 PLANNING REPORT CITY OF EAGAN REPORT DATE: October 21, 2010 APPLICANT: Kevin Fitzgerald PROPERTY OWNER: Saine REQUEST: Conditional Use Permit LOCATION: 656 Crimson Leaf Trail COMPREHENSIVE PLAN: LD, Low Density ZONING: R -1, Single - Family SUMMARY OF REQUEST CASE: 25- CU- 09 -09 -10 HEARING DATE: October 26, 2010 APPLICATION DATE: Sept. 15, 2010 PREPARED BY: Sarah Thomas The applicant is requesting approval of a Conditional Use Permit to exceed the maximum 25% impervious coverage for an inground pool and pool patio on a residential lot located at 656 Crimson Leaf Trail, legally described as Lot 5, Block 2, Autumn Ridge. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 1� Planning Report — 656 Crimson Leaf Trail October 26, 2010 Page 2 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8. Is appropriate after considering whether the property is in compliance with the City Code. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND /HISTORY The Autumn Ridge subdivision was platted in 1990. The property is zoned R -1, Single Family Residential, and is located in the Shoreland Overlay District of Hay Lake, a General Development Lake. The Shoreland Overlay District limits impervious surface to 25 %. EXISTING CONDITIONS The 12,027 sq. ft. lot consists of a single family home with an attached garage. Driveway access is provided from Crimson Leaf Trail. The rear portion of the lot contains an existing concrete patio, paver patio and 80 sq. ft. shed. A utility easement covers the eastern 15 feet of the lot. The existing impervious surface coverage of the property is 31.6 %. As mentioned above, the shoreland zoning restricts not only building coverage to 20 %, but also overall impervious surface coverage to 25 %. The proposed overall impervious surface coverage of 30.6% exceeds the maximum 25% allowable in the Shoreland Overlay district. A site visit and aerial photography confirm that use and maintenance of the park property to the south of the subject property has been occurring with permanent improvements (lighting, fire pit, and fence) having been installed. The installation of permanent improvements on Park property is not allowed and these items should be removed. ly Planning Report — 656 Crimson Leaf Trail October 26, 2010 Paee 3 SURROUNDING USES The subject site is surrounded by single family residences to the north, west and east, which are zoned R -1, Single Family Residential and guided LD, Low Density Residential. To the south is Lakeside Park, zoned P, Park and guided P, Parks, Open Space and Recreation. EVALUATION OF REQUEST Compatibility with Surrounding Area — The subject site is surrounded by single family residences. The proposed construction of an inground pool and pool patio is compatible with the surrounding area. 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 1) has issued a Conditional Use Permit permitting an increase in impervious coverage; 2) has 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. Description of Proposal — The applicant proposes to construct a new inground pool (648 sq. ft.) and pool patio (428 sq. ft.). The existing building coverage ratio is now 15 %, which complies with the R -1 maximum of 20 %. The existing impervious coverage ratio is now 31.6 %, which exceeds the maximum of 25 %. The proposed improvements would further increase the impervious coverage on the site. As a result, the applicant is requesting approval of a CUP and proposes to implement mitigative measures including a permeable paver driveway along with the installation of a sodded rain garden and traditional, planted, rain garden, which will retain stormwater runoff on the site and allow for greater amounts of on -site infiltration. The applicant also proposes to remove the existing paver patio. According to the applicant's submittal, the mitigative measures will improve the existing conditions and result in the impervious area being reduced to 3,687 sq. ft. or 30.6 %, which still exceeds the City Code requirements, but is less than the existing impervious surface coverage. �V Planning Report — 656 Crimson Leaf Trail October 26, 2010 Page 4 Impervious Surface — Impervious Surface Square Footage Ratio to Lot Area (12,027 sq. ft.) Maximum Allowable 3,006 25% Current Conditions 3,806 31.6% Proposed 3,946 32.8% Proposed with Mitigative Measures (50% driveway credit) 3,687 30.6% The excess impervious coverage amounts to 940 sq. ft. Impervious coverage includes all hardcover; home, garage, shed, driveway, sidewalks, patios, pool and pool patio. Storm Water Management /Water Quality - The subject property is within the shoreland overlay district of Hay Lake (DNR #19- 0062), which is one of Eagan's priority lakes. The front of this lot drains to the storm sewer that connects to the pond in Lakeside Park, which further drains to Hay Lake. The subject property currently has an impervious coverage of 31.6 percent, which exceeds the maximum 25- percent impervious coverage in a Shoreland Overlay District by 800 sq. ft. This is equivalent to 67 cubic feet of extra runoff (calculated for a 1" rainfall) than the City's standards allow. If only the proposed pool and patio were added with no mitigative measures, there would be 1,076 sq. ft. more coverage to the lot and an impervious coverage of 40.6 percent. This would be equivalent to about 90 cubic feet of total extra runoff (calculated for a 1" rainfall) than City standards allow. Mitigative Measures — The 7.8% overage in impervious area is approximately 940 sq. ft. of this lot, which equates to a volume runoff for a 1" rainfall of approximately 78 cubic feet. The proposed permeable paver driveway is estimated to reduce storm water runoff for a 1" rainfall by approximately 22 cubic feet, which will assist with the reduction of impervious area. The applicant proposes the following mitigative measures to reduce lot coverage to slightly less than the existing conditions: Remove Backyard Patio — The existing 936 sq. ft. patio is proposed to be removed. �7 Planning Report — 656 Crimson Leaf Trail October 26, 2010 Page 5 Install Permeable Driveway Pavers — The existing 519.3 sq. ft. driveway (100 - percent impervious) is proposed to be replaced by permeable pavers. Although there are many unknowns about the actual runoff reductions by such a driveway (e.g., subsurface soil type, base preparation, proper installation, regular maintenance, etc.), it is reasonable to assume this effort would reduce driveway runoff by no more than 50 percent. This 50- percent "credit" would be equivalent to reducing impervious coverage of the lot by 259.7 sq. ft. The 50 percent credit has been applied to similar projects in the past; however, there is no research that verifies this number due to the aforementioned variables. Install Rain Gardens — Two rain gardens are proposed to be installed in the backyard. Similar to permeable pavers, the actual beneficial impact of such backyard rain gardens is highly unknown and dependent on many factors (e.g., existing soils, contributing drainage, garden design, soil preparation, proper construction, appropriate plantings, regular maintenance, etc.). Alternative Measures — Staff analysis of the site and proposed mitigative measures found that potentially more effective alternatives to installing backyard rain gardens could occur. These include capturing runoff from the roof pitch that drains toward Crimson Trail into rain barrels or diverting runoff from gutter downspouts toward the backyard of the lot. Either or both of these alternative measures could assist with additional reduction of the lot's impervious surface. Minnesota DNR — Notice of the proposed CUP was sent to the DNR as required. The DNR Waters recommends, "A reasonable approach for local governments to follow on the use of emergent technologies like permeable pavement systems in shoreland areas until such time as greater research, experience and testing can answer the questions raised. Based on the information provided by the Center for Water Protection, it appears that such use may be more beneficial when applied to areas of new development and as part of an integrated stormwater management plan, related stormwater management ordinance or NPDES, Phase Il permit. On degraded sites where 25% impervious is already exceeded, the retrofitting of permeable pavement systems may be of lesser value. We recommend the City of Eagan urge the landowner to reduce or remove one or more of the patios on the site to further reduce impervious area." Installation — All proposed or alternative mitigative measures should be installed consistent with guidelines in the Minnesota Storm Water Manual, with possible specific technical assistance from the Dakota County Soil and Water Conservation District. Designs and installations should be approved by the City Engineering Division. Permeable Pavers — Permeable pavers should be installed according to appropriate designs and installation details of the specific product to be used, in consultation with a qualified civil, hydrological engineer regarding site soil conditions, base preparation, etc. 2e Planning Report — 656 Crimson Leaf Trail October 26, 2010 Page 6 Rain Gardens — Rain gardens should be designed with a bottom, flat area that is at least 10 percent of the size of the contributing hard - surface area. There should be proper soil loosening/soil- replacement below the raingarden basin area to ensure its effectiveness to infiltrate water within 48 hours of a storm event. For the proposed planted rain garden near the proposed retaining wall, geosynthetic fabric should be installed to keep soil from washing through the wall, which is typical practice. The final design of both rain gardens should specify how they can receive runoff through sheet flow, surface swale, crush -proof piping or a similar conveyance method to ensure adequate and safe runoff delivery to the basins. Overflows from rain gardens should not adversely affect the long -term integrity of the retaining wall structure or cause downhill erosion into Lakeside Park. The applicant submitted a native plant list of which, plantings are proposed for installation in the southernmost rain garden. There are also many regular garden perennials that have been used successfully in rain gardens and high- moisture situations (daylilies, hostas, etc.), that could be included in potential plantings. Sod can be adequate as vegetation (in the converted patio space area) provided the soil in that area has sufficient infiltration rates. This will be greatly affected by the 18 -24" sand /compost mix proposed to be used below the sod, along with sub -soil loosening. Maintenance — Approval of the proposed CUP would result in the City assuming the mitigative measures collectively will result in a lot with less impervious coverage than the existing conditions. The permeable pavers, rain gardens and /or alternatively, rain barrels or downspout diversions, need to be maintained to function properly for retention and infiltration of stormwater runoff. No additional impervious area should be added to this lot. The proposed mitigative measures will be located on private property and privately maintained. Therefore, the City has no assurances these measures will be maintained and functioning in the long term. Similarly, assuming the applicant reduces the impervious surface from the existing conditions, there are no assurances additional impervious surface site improvements, not subject to City permits, will not be placed on the property. Realistically, monitoring the long -term maintenance of permeable pavers or rain gardens on private property to ensure their effectiveness is virtually impossible. SUMMARY /CONCLUSION The applicant is proposing to construct an inground pool and pool patio on a single - family lot within the Shoreland Overlay District of Hay Lake. Shoreland zoning limits impervious coverage to a maximum of 25% of the lot size. The applicant is requesting approval of a Conditional Use Permit to allow 30.6% impervious coverage. The Conditional Use Permit is subject to the eight points listed in the Authority for Review section of this report, in addition to the three criteria specific to increasing impervious area that are listed in the shoreland zoning ordinance. 7y Planning Report — 656 Crimson Leaf Trail October 26, 2010 Page 7 Hay Lake is classified as one of Eagan's priority lakes. The applicant is proposing to mitigate the impacts of the increased impervious surface by installing permeable pavers for the driveway, removing the existing paver patio and installing both a sod and traditional, planted, raingarden. The proposed mitigative measures, if installed correctly and routinely maintained, will help offset the proposed increase in impervious area. The permeable pavers will need routine maintenance to ensure they continue to function as designed to retain and provide infiltration of stormwater. Since the additional impervious surface improvements to the lot will be permanent and the thoroughness and quality of long —term maintenance of the mitigative measures on private property is unknown, City policymakers should determine the appropriateness of the proposal and if additional steps, such as use of rain barrels and downspout diversions, should be required. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to exceed the maximum 25% impervious coverage for an inground pool and pool patio on a residential lot, located at 656 Crimson Leaf Trail, legally described as Lot 5, Block 2, Autumn Ridge. If approved, the following conditions should 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 received September 30, 2010 2. The applicant shall remove permanent improvements placed on Park property. The impervious surface of this lot shall not exceed 30.6% per the Site Plan received September 30, 2010. 4. Permeable pavers shall be designed to allow infiltration into the ground of at least the first 1/2" of stormwater runoff, with this runoff not leaving the lot area after infiltration. 5. Permeable pavers shall be installed according to appropriate designs and installation details of the specific product to be used, in consultation with a qualified civil, hydrological engineer regarding site soil conditions, base preparation, etc. 6. Rain gardens shall be designed with a bottom, flat area that is at least 10 percent of the size of the contributing hard - surface area. There shall be proper soil loosening/soil- replacement below the raingarden basin area to ensure its effectiveness to infiltrate water within 48 hours of a storm event. 7. Geosynthetic fabric shall be installed in the planted raingarden, located south of the pool, to keep soil from washing through the wall. to keep soil from washing through the wall. M] Planning Report — 656 Crimson Leaf Trail October 26, 2010 Page 8 The final design of both rain gardens shall specify receipt of runoff through sheet flow, surface swale, crush -proof piping or a similar conveyance method to ensure adequate and safe runoff delivery to the basins. Overflows from rain gardens shall not adversely affect the long -term integrity of the retaining wall structure or cause downhill erosion into Lakeside Park. 9. Permeable pavers and rain gardens shall be installed according to the design criteria and according to the guidance of the Minnesota Stormwater Manual, with technical assistance from the Dakota County Soil and Water Conservation District as appropriate. 10. The rain garden and permeable pavers shall be properly maintained to sustain the infiltration rate according to the design criteria. 11. Mitigative designs and installations shall be approved by the City Engineering Division and the installation shall be overseen and inspected by City staff at the time of installation. 12. Prior to the release of the Conditional Use Permit for recording, the applicant shall provide a $500 escrow deposit for inspection of the paver installation and inspection of the raingarden(s) installation. 13. The rear yard paver patio shall be removed prior to issuance of the building permit for the swimming pool. 14. The applicant shall discharge water from the pool in a form and manner acceptable to the Water Resources Coordinator. 15. Building Permits shall be obtained for the retaining walls along with engineered drawings of the proposed walls. 16. The applicant shall install rain barrels to capture runoff from the roof pitch that drains toward Crimson Leaf Trail and divert runoff from gutter downspouts toward the backyard of the lot. :�p / Location Map Project Name: 656 Crimson Leaf Trail - Kevin Fitzgerald Request: Conditional Use Permit Case Nos.: 25- CU- 09 -09 -10 City of Eap Feet 0 500 1,000 2,000 Legend Jolla 1611d City Boundary Parcels \ Parks Buildings N ■ ■ ■ ■ ■ :1l1; MINE MINE NEVER E■■■■f F I -A ion Au -rk . . . . . . . . . . . . . ONE Jok Vf %IWOt 'fit ar- I EXISTING — 47c�e, — 'e � shed ,o cl\ 1A 34 J' .� - I W L/ G4l?) u 2 IzSS 3f o(,, 2:1 RECEIVED SEP 3 0 2010 ffT9 L(,Y� IN PROPOSED &,\ L4 2,�5 SITE PLAN ""no t shed nv Ala -1ccl cam'• , c Maovoa o� 'BSI S J J 33Ca RECEIVED SEP 30 2910 SURVEY SURVEY PREPARED FOR: McKN1GHT 8 ASSOC . Valley Surveying Co.. PA. 14198 COMMERCE AVE. N.E. SUITE 120 -C , f6670 FRANKLIN TRAIL PRIOR LAKE, MN. 55372 FRANKLIN TRAIL OFFICE CONDOMINIUM PRIOR LAKE, MINNESOTA 55372 TELEPHONE (612) 447 -2570 I 1 S.M MH CRIMSON LEAF TRAIL RIM 942 29 SAM MH O O 'IV 932.26 p l 947.44 O RIM 0 9301 b TC xEL. TC.£L. 94728 94961 QCB. N896 4I 28 E T rc EL 747 7 _ _ _ _ _ 85.00-'- - 950.63 951. I 1 i I n ToP iron 95n 6 951 4� TeP iron EL 94750 ,��'�, C951 2- —-- 22.73L1i 1` EL. 95189 9 77 35.17 6ARAGE ry I A PROPOSEp r l I a I 7- Slut HOUSE 75 EL 94818 11 9 L— - --- _T -_15.2 SO E.islinq Exislirq 1 9501 47. 2.1 948.5 I - House Ho U,r - 1V /a EL. 94721 .4 n L1 r OfCK to O N cD I h M i s rs i z �- -� - L. 932.5 _85.00___ Tp 931 73 S89-41' 281IW DESCRIPTION: Lot 5, Block 2, AUTUMN RIDGE, Dakota County, Minnesota. Also showing the location of the proposed house as staked this 28th day of October, 1991. Notes! Benchmark elevation 946.58 top nut of the hydrant at Lots E & 9, Blk 3. 950.1 Denotes existing grade elevations on site 951.2 Denotes proposed finished grade elevations -�— Denotes proposed direction of finished drainage Set the garage slab at elevation 951.57 Set the top of Block at elevation 951.90 The lowest fljor elevation will be 943.90 p 30 60 _ -,- SCALE IN FEET O Denotes I12 inch x 14 inch iron monvrcent set and marked by License No 10,93 • Denotes K monument found ® Deno'es P.K. Nail set � N` W i � .�;AG I hereby certify that this sc' by me or under my direct sd I am a dvly licensed Land .1 Iaws of the State of ldinni Date Lice, FILE Na 5885 BOOK. RAINGARDEN DETAILS RECEIVED SEP 30 2010 . , THE RAIN GARDEN IS SIMPLY A DEPRESSION IN THE GROUND AREA THAT HAS APPROPRIATE PLANTS OR SOD ON THE TOP WITH AN 18 INCH TO 24 INCH LOWER LEVEL THAT IS MADE UP OF 50 PERCENT COMPOST AND 50 PERCENT SAND. WE HAVE THE AREA TO THE SIDE OF THE POOL WITH SOD AND THE AREA BELOW THE POOL WITH PLANTINGS. .may, r RAINGARDEN CROSS SECTION RECEIVED $EP 301010 S' �W N m ^ (5 a r � cc C) �\ D C (n 0 o �m a CD w 7r a b V/ ;� O (n 00 - CN °�` o -1 41 a f7 mvm Q y lo T� W G) o " CD w o j o C) w 00 c) c1 U N � N W z 41 U N m o X q w N 0 w o, W 00 r;u N m N m ^ 1 CA1 r \ m pT N C) �\ D C (n X D ' �m a > Dmo Z V/ ^ )/ O -1 JV m z m m Z (1) mvm mv� r T� G) z z m o q O � r;u N v� mF-L Mcn ncn rm 9 PAVER DETAILS N !--` Z (n n Z -1 O� �O Ox rn mZ W17 to Or O � r-I m� O rn� v= tea' O Oc rn z > v v m v o x M r m Z = m v r C O m G� D Z b' v r � m m Z T O m m m n x m 3 Z z � Z � v S X 0 m Z m D r 1 I r G c c S r RECEIVED SEP 3 0 2010 N 1 CA1 \ m pT N O-1 O- N n X D XXm �m a Dm Dmo v z Z m U) m z m m Z (1) mvm mv� mom cn O mm X T -n r Q r �O 0 m 0 T Ij n xl D 7 T1 D n z T NARRATIVE 656 Crimson Leaf Trail Conditional Use Permit We are seeking approval to install an in- ground pool with a concrete apron to protect the pool structure from damage caused by water getting underneath it. We will also remove a 900 sq ft patio, replace our blacktop driveway with permeable pavers, and install a rain garden to capture runoff from our pool deck and the back half of our roof. The proposed plan will have a smaller 'hardcover' footprint than the current configuration. RECEIVED SEP 1 5 2010 i of z Rj /0 RECEIVED $EP 3 01010 ATTN SARAH THOMAS WE HAVE A LOT SIZE OF 12,070 FEET EVI WE HAVE A POOL THAT IS 648 FEET WE HAVE CONCRETE IN THE BACK YARD THAT IS 376 FEET WE HAVE A POOL APRON THAT WILL BE 428 FEET THE HOUSE IS 1251 FEET THE GARAGE IS 484 FEET THE DRIVE WAY IS BEING REPLACED WITH THE AQUA BRICK THAT IS A PERMIABLE PAVER. THE TOTAL FOOTAGE NOW IS 519.25 BUT WITH THE PAVER 50% CREDIT IT WILL BE 259.5 FEET. TOTAL WILL BE 3,446.5 FEET THIS WILL COVER 28 PERCENT OF THE PROPERTY. ALL RAIN GARDENS WILL BE CONSTRRUCTED AS THE ATTACHED PLAN INDICATES. ALL WATER SHED FROM THE HOUSE (ROOF DOWNSPOUTS) WILL BE RELOCATED TO THE LARGER RAINGARDEN AND ALL WATER WHED FROM THE POOL WILL BE MOVED INTO THE SMALLER RAIN GARDEN. ALL AQUA BRICKS WILL BE INSTALLED TO MANUFACTURERS SPECS AS SEEN IN THE ATTACHED DOCUMENT. ALL MAINTAINANCE WILL ALSO FOLLOW MANUFACTURERS GUIDELINES. THE POOL WILL BE ATLEAST 15 FEET FROM THE PROPERTY LINE AND EASEMENT. THE POOL ALSO WILL BE 10 FEET FROM THE DECK FOOTING. WE WILL CAPTURE ALMOST ALL WATER THAT IS MOVING FROM THE HOUSE AND THE YARD BETWEEN THE 2 RAIN GARDENS. WE WILL CHOOSE PLANTS FOR THE RAIN GARDEN FROM THE ATTACHED CHOICES, ALL WALLS INSTALLED WILL BE 3 FOOT 6 INCHES OR SHORTER. 2 of 2 DNR COMMENTS Sarah Thomas From: Miersch, Janell (DNR) [Janell.Miersch @state.mn.us] Sent: Friday, October 08, 2010 8:36 AM To: Sarah Thomas Cc: Wills, Craig (DNR) Subject: CUP for 656 Crimson Leaf Trail Dear Ms. Thomas, On October 4, 20101 received a formal letter and supporting information regarding a Conditional Use Permit to exceed 25% impervious coverage for a single - family lot located at 656 Crimson Leaf Trail within the Shoreland Overlay District of DNR #19 -62P. According to Minnesota Rules regarding shoreland, impervious area in the Shoreland Overlay District should not exceed 25 %. DNR Waters recommends the following as a reasonable approach for local governments to follow on the use of emergent technologies like permeable pavement systems in shoreland areas until such time as greater research, experience and testing can answer the questions raised. Based on the information provided by the Center for Water Protection, it appears that such use may be more beneficial when applied to areas of new development and as part of an integrated stormwater management plan, related stormwater management ordinance or NPDES, Phase II permit. On degraded sites where 25% impervious is already exceeded, the retrofitting of permeable pavement systems may be of lesser value. We recommend the City of Eagan urge the landowner to reduce or remove one or more of the patios on the site to further reduce impervious area. JawCLL MLeysc'h South Metro Area Hydrologist DNR Central Region 1200 Warner Road St. Paul, MN 55106 direct: 651 - 259 -5776 fax: 651 - 772 -7977 r L..^ 93 Agenda Information Memo November 4, 2010, Eagan City Council Meeting B. CONDITIONAL USE PERMIT— HORIZON EQUIPMENT ACTION TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Conditional Use Permit for outside storage of commercial vehicles upon property located at 1960 Seneca Road, legally described as part of Lot 2, Block 1, Cedar Industrial Park, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: ➢ The applicant's proposal is for a Conditional Use Permit (CUP) for outdoor storage of up to 15 service vans, two delivery trailers, one delivery truck and a skid steer for property maintenance. ➢ The property is zoned I -1 (Limited Industrial). Outdoor storage is an approved use in the I -1 zoning district via a CUP. ➢ The 1.7 -acre site contains a 30,000 square foot office /warehouse building, constructed in 1995. ➢ The proposed storage is located in the rear yard, is screened from off -site views, and with the exception of an enclosure, appears to satisfy the performance standards in the City Code. ➢ Trash storage is currently outside and not within an enclosure. The owner has requested that the trash dumpster be allowed to remain as -is, stating it would be a financial hardship to construct an enclosure and would serve no benefit as the dumpster is not visible from off the site. ➢ The APC's recommendation omitted the condition requiring that the trash storage be brought into conformance with current City Codes. ➢ The Advisory Planning Commission held a public hearing on October 26, 2010, and is recommending approval of the CUP. ISSUES: None 60 DAY STATUS: November 13, 2010 ATTACHMENTS (3)• Location map on page. Draft October 26, 2010 APC minutes on agesw__gl _ Staff report on pages9 _1 through 0 Location Map 1 L n ak1 ♦� "> Y nkee Dootlla.Rtl 3 i t Dim., Rd Fort Snelling State Park j crn Ra tea• Map Area Extent Q� Subject Site ". 0 z4' V 5,0 SILVER BELL kD SILVER BELL ROAD F n J 2 j J E0 r� e E, GOLD r x� s . ® i Woodhaven Park ° Peridot Path Park ' Feet Project Name: Horizon Equipment 0 500 1,000 2,000 Request: Conditional Use Permit Legend Case Nos.: 17- CU- 08 -09 -10 ,.11. City Boundary Parcels Parks Buildings N City p of E� �Il �S Advisory Planning Commission October 26, 2010 Page 4 of 9 B. Horizon Equipment Applicant Name: Horizon Equipment LLC Location: 1960 Seneca Road; Application: Conditional Use Permit A Conditional Use Permit to allow outdoor storage of 15 commercial vehicles. File Number: 17- CU- 08 -09 -10 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated October 21, 2010. She noted the background and history. Tracy Smith, applicant, discussed the extent of the outdoor storage and the desire to leave the dumpster outside. He stated the dumpster is not visible from the street and is secured with a locked gate after business hours. He explained that many -Service Technicians take the vehicles home at night, only storing them on the site for long weekends, vacations, and holidays. Chair Chavez opened the public hearing. There being no public comment, Chair Chavez closed the public hearing and turned the discussion back to the Commission. Member Supina stated support for the removal of condition 5. Member Filipi stated concern that a future owner of the property would not screen and secure the dumpster as well. City Attorney Bob Bauer stated a subsequent owner would have no obligation to secure and screen the dumpster unless another development request was made. City Planner Ridley explained that the site plan allows for only one dumpster in a specific location, restricting future owners from adding additional dumpsters. Member Piper moved, Member Supina seconded a motion to recommend approval of a Conditional Use Permit to allow outdoor storage of commercial vehicles upon property located at 1960 Seneca Road, legally described as part of Lot 2, Block 1, Cedar Industrial Park, subject to the following conditions as amended: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The outdoor storage shall be limited to the number and type of vehicles shown on the site plan. 3. The storage area shall be maintained in an orderly fashion. 4. All parking and storage areas shall be properly maintained to prevent deterioration. 6. The owner shall purchase a padlock for the gate that is approved by the Fire Department and acceptable for emergency access. 7. The service drive along the north side of the site shall be signed "no parking fire lane" to maintain emergency access. All voted in favor. Motion carried 7 -0. No PLANNING REPORT CITY OF EAGAN REPORT DATE: October 21, 2010 APPLICANT: Horizon Equipment, LLC CASE: 17- CU- 08 -09 -10 HEARING DATE: October 26, 2010 PROPERTY OWNER: Seneca Properties, LLC APPLICATION DATE: Sept. 14, 2010 REQUEST: Conditional Use Permit LOCATION: 1960 Seneca Road PREPARED BY: Pamela Dudziak COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I -1, Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to allow outdoor storage of commercial vehicles upon property located at 1960 Seneca Road, legally described as part of Lot 2, Block 1, Cedar Industrial Park. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivisions 4C and 41) provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 61 Planning Report — Horizon Equipment (1960 Seneca Road) October 26, 2010 Page 2 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8. Is appropriate after considering whether the property is in compliance with the City Code. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND /HISTORY Cedar Industrial Park was platted in October 1967. City staff was in the area for a code enforcement action on nearby property and noticed the vehicle and trailer storage and an unenclosed trash dumpster on this site. Upon researching the property, it was discovered no CUP had ever been approved for this site. EXISTING CONDITIONS The 1.7 -acre site contains a 30,000 square foot office /warehouse building, constructed in 1995. The existing landscaping installed when the building was constructed appears healthy. Access is provided from Seneca Road on the east end of the site. The commercial vehicle storage is located west of the building in the rear of the lot. A trash dumpster is currently located at the northwest corner of the building and not within an enclosure as required by City Code. Planning Report — Horizon Equipment (1960 Seneca Road) October 26, 2010 Page 3 SURROUNDING USES The site is completely surrounded by property zoned I -1, Limited Industrial and guided IND, Limited Industrial and utilized for a variety of industrial uses including office, warehouse, distribution, manufacturing, related outdoor storage and service garage. EVALUATION OF REQUEST Proposal — The building is owned by Seneca Properties and leased by Horizon Equipment. Horizon conducts warehousing and distribution of food service equipment used by supermarkets and also provides repair and maintenance of the equipment. The applicant proposes outdoor storage of commercial vehicles consisting of up to 15 service vans, 2 delivery trailers and 1 delivery truck associated with the service department of Horizon Equipment. A skid steer which is used for property maintenance (snow removal, etc.) is also proposed to be stored outside in the same area as the service vans. The owner indicated that Horizon moved into this building in June and they are still getting settled into the building. He hopes to keep the skid steer inside, but included it in the outside storage request in the event there is not sufficient space to store it indoors. Trash storage should be brought into conformance with City Code requirements and relocated to within the building or within an enclosure constructed to City Code standards. The owner has requested that the dumpster be allowed to remain outside in its present location. The dumpster is located in the rear yard adjacent to the building and is not visible from the public right of way or adjacent property. It is a policy matter for City officials to determine whether to require that the trash storage be brought into conformance as a condition of CUP approval. Compatibility with Surrounding — Outdoor storage is a conditional use in the I -1 zoning district. The proposed use appears compatible with the surrounding properties and existing uses. Airport Noise Considerations — The City's adopted Comprehensive Guide Plan currently designates the subject site as IND, Limited Industrial. Based on the Metropolitan Council Policy Contours adopted in 2007, the site is located within the one -mile buffer area of the 60 dB contour, placing it within Noise Policy Zone 4. Industrial uses are considered Compatible Uses within the Noise Buffer Zone. Grading/Storm Drainage — No grading or additional paved area is proposed. Storm water runoff from this site is accommodated by existing storm sewer systems. No changes are proposed or necessary with this proposal. Utilities — The existing building is connected to the City sanitary sewer and water main systems. No additional connections are proposed with this application. Planning Report — Horizon Equipment (1960 Seneca Road) October 26, 2010 Page 4 Outdoor Storage — In addition to the requirements for a conditional use permit listed above, City Code Section 11.70, Subdivision 22, C, 2, lists performance standards for outdoor storage as follows: a. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I -1) and general industrial (I - -2) zoning districts, the enclosure may be detached from the principal building. The storage area is not enclosed. The adjacent lot to the north has a fence that runs along the north side of the subject site. Full enclosure does not appear to be necessary given the use, location and surrounding uses. The service drive to the rear of the lot is gated near the front of the building for security. However, the gate also prevents access into the site in case of fire or other emergency. The owner should purchase a padlock for the gate that is approved by the Fire Department and acceptable for emergency access. b. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. The storage area is located in a rear yard. A minimum 5' setback is required for outdoor storage from side and rear lot lines abutting other industrial uses. Existing curbs meet the required 5' set back. C. The outdoor storage area shall be screened from view from the public right -of- way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. The building screens the storage area from Seneca Road. The storage area is surrounded by other industrial properties and is not visible from the right -of -way. Topography and landscaping serve to screen the storage area from adjacent properties. d. The storage area shall not interfere with any pedestrian or vehicular movement. The proposed storage plan maintains the driving and maneuvering area in the rear of the building. The service drive along the north side of the site should be signed "no parking fire lane" to maintain emergency access. e. The storage area shall not take up required parking spaces or landscaping areas. The proposed storage area does not occupy required landscaping areas. However, the service vans and skid steer do occupy parking stalls. A review of City building permit records shows the 30,000 s.f. office /warehouse building requires 77 stalls, and proof of parking was provided for that amount. The site currently provides 50 parking stalls, which does not satisfy the minimum off - street parking requirements. /a) Planning Report — Horizon Equipment (1960 Seneca Road) October 26, 2010 Paee 5 f. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. The entire storage area is paved with bituminous and edged with concrete curb and gutter. SUMMARY /CONCLUSION The applicant is requesting approval of a Conditional Use Permit (CUP) for the outdoor storage of commercial vehicles including service vans, delivery trailers, delivery trucks and a skid steer. This type of use is common in the area and it appears all of the standards for outdoor storage are met with the exception of an enclosure. The site is located in an industrial area and the proposed outdoor storage occurs on the rear yard of the property. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to allow outdoor storage of service vans, delivery trailers and delivery trucks upon property located at 1960 Seneca Road, legally described as part of Lot 2, Block 1, Cedar Industrial Park. If approved, the following conditions should apply: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The outdoor storage shall be limited to the number and type of vehicles shown on the site plan. 3. The storage area shall be maintained in an orderly fashion. 4. All parking and storage areas shall be properly maintained to prevent deterioration. 5. The trash dumpster shall be relocated to within the building, or within an enclosure constructed to City Code standards. 6. The owner shall purchase a padlock for the gate that is approved by the Fire Department and acceptable for emergency access. 7. The service drive along the north side of the site shall be signed "no parking fire lane" to maintain emergency access. ��r Location Map Project Name: Horizon Equipment Request: Conditional Use Permit Case Nos.: 17- CU- 08 -09 -10 City of Eap ra3 Feet 0 500 1,000 2,000 Legend Jolla City Boundary Parcels / Parks Buildings N Current Zoning and Comprehensive Guide Plan Horizon Equipment Land Use Map Conditional Use Permit Zoning Map Land Use Map 1•, 1.1 Q Location Current Zoning: I -1 1 -, R -3 Limited Industrial I -1 1- R -3 M D R•3 A I'1 �i ' :.. • ^' PD Py `G 04 J''�F`� 0 P .�S R -4 PD g <P CGD R -4 �� � ���■ ran ,� SA �n 11 CGD 600 0 600 1200 Feet _,joOOOOOoOOOOOOOOOOO�OV Comprehensive Guide Plan Land Use Map IND 11/ • • IND Current Land Use Designation: M D IND Limited • I'1 �i ' :.. • IND � �i/111111 � ♦ • ��.,1j11111�� ♦ •�� i D SA SA 600 0 Soo 1200 F— �� � ���■ ran ,� SA �n 1� t �� 33 An t-A la FIC /I F ro s s ■ L YI641pBS9E I%Vd { 3HOHd V1083MIM W00'1B ONI VnnOf sa0MAUna arm '00 NOSNS MANIA i 1'y ijd fill= LU MUM O of l ! l+diaa1 "if ¢�E t�7;a, al;ja s� '� =iil d6 • III I ............... Ppoo e� 9 h/ — — — — — — — — _ _ _ _ — / / e� 2 s nvnv� v ii v�_jI . i if L I�� `tfI I �"; p \ ��s zf;�� ;�f43�$�'��i� IP L ,1 ¢q¢q6 i x'411 r . 011 U113W 3mm :N3.0 9 CL U-1 co w w Ar View of building from Seneca Rd lookin(j Southwest • �. ! Y View of driveway on North side of building RECEIVED SEP 1 4 2010 I "Fol, 'iew from dumpster location lookin Northwest tint VIA, Vie,,v of West parking lot looking Northeast md� zz, of West parking lot looking East Igoe% For Your Food Service Needs 9/11/10 City of Eagan Planning Dept. 3830 Pilot Knob Rd Eagan, MN 55122 Re: Conditional Use Permit Application Narrative Horizon Equipment, LLC 1960 Seneca Rd. Eagan, MN 55122 (651) 452-9118 (800) 394 -4674 (651) 454 -6952 Fax saies@hodzonequipment.com 1960 Seneca Rd. is owned by Seneca Properties LLC and is leased to and occupied by Horizon Equipment LLC. The current use of the property is warehousing and distribution of foodservice equipment used by the supermarket industry. Horizon Equipment also operates a service department providing repair and maintenance of the equipment after the sale. The service department operates a fleet of approximately 15 service vans which reside at 1960 Seneca Rd. during the night and over the weekends and holidays. The above said property is zoned 1 -1 (Limited Industrial). The building is 25,000 SF and resides on a lot that is 77,221 SF or 1.773 acres. There are 50 striped parking stalls on the property of which 31 are in the rear of the building and 19 in the front. The purpose of requesting the conditional use permit is for two purposes. 1) To allow for parking of up to 15 vehicles in the rear (west) parking lot overnight, on weekends and during holidays. The vehicles are comprised of service vans, delivery trailers, delivery truck. 2) Allow our garbage / trash dumpster to remain located outside of the building at its current location. (northwest corner of the building) The dumpster dimensions are 6' x 6'. The container remains locked during non business hours to assure no tampering with by unauthorized individuals. Access to the west parking lot (where the vehicles and dumpster are loctated) is only gained by the driveway located along the north side of the property. This driveway is gated and locked during non business hours. (See attached photos) The west parking lot is not visible by any adjoining neighbors due to elevations and landscaping (see attached photos) Land uses of property owners surrounding the subject property are light industrial, distribution, freight depots, and wholesale distributors. 11 I RECEIVED SEP 1 4 2010 1 Agenda Information Memo November 4, 2010, Eagan City Council Meeting C. PLANNED DEVELOPMENT AMENDMENT— DISCOUNT TIRE ACTION TO BE CONSIDERED: To approve (OR to direct preparation of findings for denial) a Planned Development Amendment to allow auto repair and service, upon approximately 1.32 acres located at 3575 Pilot Knob Road, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: At least three votes. FACTS: ➢ The site consists of one platted lot and a defunct motor fuel station and detached car wash. ➢ The applicant is proposing a 1 -story retail building with three service bays. ➢ Community Shopping Center (CSC) zoning bulk standards are satisfied. ➢ Via the Planned Development, the applicant seeks a deviation from the parking stall size standard to reduce the width of the stalls from 10 feet to 9 feet. The applicant states the reduction allows for the necessary parking on site while limiting impervious surface coverage. ➢ The Advisory Planning Commission (APC) held a public hearing on October 26, 2010 and recommended approval. ISSUES: ➢ The applicant stated a concern regarding eastbound traffic on the proposed Duckwood Drive /I35E overpass not being able to see the existing directional sign for the adjacent property to the north, which is located near the access drive on the subject property. The APC added condition # 18 relevant to this matter. 60 -DAY AGENCY ACTION DEADLINE: November 13, 2010 ATTACHMENTS (3): Location Map, Page Draft October 26, 2010 APC Mi u e on pages through Staff report, pages/ througl 1 \°Z Location Map Project Name: 3575 Pilot Knob Road - Discount Tire Request: Planned Development Amendment Case Nos.: 16- PA- 08 -09 -10 City of Evan X13 I I Feet 500 1,000 2,000 Legend ,a11M 16i4city Boundary Parcels \ i Parks Buildings N Advisory Planning Commission October 26, 2010 Page 5 of 9 C. Discount Tire Applicant Name: Discount Tire Location: 3575 Pilot Knob Road; Lot 1, Block 1, George W. Giles Addition Application: Planned Development Amendment A Planned Development to allow auto repair and service. File Number: 16- PA- 08 -09 -10 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated October 21, 2010. She noted the background and history. Aaron Hemquist, RLK, and Rich Sommer, Discount Tire, stated they were in agreement with the staff report and the conditions of approval. Mr. Hemquist explained that they have been working with Precision Tune, the neighbor to the north, who is concerned with the directional sign on Duckwood Drive having low visibility to future eastbound traffic due to three large pine trees. He requested an additional condition regarding tree removal or trimming to resolve visibility of the Precision Tune sign. Chair Chavez opened the public hearing. There being no public comment, Chair Chavez closed the public hearing and turned the discussion back to the Commission. City Planner Ridley explained that the Precision Tune directional sign, approved years ago, is in a location that is near mature evergreen trees. He stated it would be worthwhile to consider moving the sign, trimming the trees, or removing a minimal amount of trees to increase visibility. He stated it would be reasonable to add a condition to reflect that the Advisory Planning Commission and City Council are aware of the matter. Member Supina moved, Member Heaney seconded a motion to recommend approval of a Planned Development Amendment to allow auto repair and service on property located at 3575 Pilot.Knob Road, legally described as Lot 1, Block 1, George W. Giles Addition, subject to the following conditions as amended: 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office. 2. The applicant shall be responsible for obtaining all necessary permits from regulatory agencies regarding any petroleum contamination on the site. 3. The applicant shall have a site assessment performed and mitigation efforts shall be concluded prior to issuance of a building permit. 4. Underground tank removal shall occur per MPCA requirements and an underground tank removal permit shall be issued by the City. 5. Proof of the underground removal in accordance with state law shall be submitted to the City in addition to a copy of any no action letter that may be issued by the MPCA. 6. The minimum architectural standard of 65% Class 1 materials and not more than 35% Class III materials shall be satisfied on each of the four building elevations. The elevation plan shall be modified accordingly and calculations provided by the architect to verify compliance with this standard. IIµ Advisory Planning Commission October 26, 2010 Page 6 of 9 7. Roof -top mechanical units shall be set back a minimum of 20 feet from the edge of the roof. 8. Ground mounted mechanical equipment/utility boxes shall be screened by either a masonry wall or opaque landscaping. 9. The trash enclosure shall comply with City Code requirements. 10. If after review by the City, it is determined that additional on -site parking is needed due to extensive on- street parking, additional on -site parking shall be provided in the proof -of- parking location, as identified on the Site Plan, within one year of notice to the Applicant or its successors or assigns. 11. The Landscape Plan shall be revised to incorporate additional plant materials to screen and buffer the parking areas from public right -of -way and add foundation plantings. 12. The Lighting Plan shall be revised to show compliance with City Code standards, and the standards identified in the planning report, including, light poles shall not exceed 22 foot pole heights. 13. All site and building signage shall be subject to City Code standards. 14. The base of the pylon and monument signs shall match the principal building and the pylon sign shall not have an exposed pole. 15. One directional sign located on Lot 1, Block 1, George W. Giles Addition at the entrance to the site from Duckwood Drive is allowed, for the property to the north (Lot 1, Block 1 Precision Tune Addition). The directional sign shall not contain signature or logo advertising of the business, but instead shall be a simple directional sign stating only the name of the business and identifying the entrance to the site. 16. The applicant shall provide evidence of private ingress /egress easement covering the new access drive between this property and the property to -the north (Lot 1, Block 1 Precision Tune Addition) for review and approval by the City Attorney. 17. The applicant shall provide sidewalk connections from the site to the corner of Pilot Knob Road and Duckwood Drive - intersection. 18. The applicant shall work with the adjacent property owner to the north and the city staff to explore appropriate solutions regarding the potential removal of any trees to accommodate the placement or relocation of the existing signage for the adjacent property owners existing sign on the applicant's property. Member Chavez discussed the proposed deviation in relation to reduced parking stall width and that it benefits the City by reducing the impervious surface on the site. Member Filipi stated that the proposed change in use was appropriate being the property is adjacent to the freeway, that the former use was auto related as are the surrounding businesses, but that typically, reduced stall width occurred in areas where people park their cars for longer periods of time and asked for the applicant to speak to the expected amount of customer turnover. Mr. Sommer explained that the business is only open during the day and typically needs 35 -40 parking stalls to accommodate the volume of business. He stated they intend to be a good neighbor by fixing the visibility for the Precision Tune directional sign. He stated they are also willing to assist with the sidewalk connections. All voted in favor. Motion carried 7 -0. Member Piper abstained from voting on this item due to a business conflict. iii PLANNING REPORT CITY OF EAGAN REPORT DATE: October 21, 2010 APPLICANT: Discount Tire PROPERTY OWNER: Premier Bank REQUEST: Planned Development Amendment LOCATION: 3575 Pilot Knob Road CASE: 16- PA- 08 -09 -10 HEARING DATE: October 26, 2010 APPLICATION DATE: Sept. 15, 2010 PREPARED BY: Sarah Thomas COMPREHENSIVE PLAN: SA, Special Area/RC, Retail Commercial ZONING: PD, Planned Development SUMMARY OF REQUEST Discount Tire, is requesting approval of a Planned Development Amendment to allow auto repair and service on property located at 3575 Pilot Knob Road, legally described as Lot 1, Block 1, George W. Giles Addition, AUTHORITY FOR REVIEW Chapter 11, Section 11.50, Subdivision 5 states, in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two - thirds of all members of the council. 2. The Council shall not rezone any land 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 subject property was platted in 1990. The 1.32 acre property contains a defunct motor fuel station and car wash which was constructed in 1990. A Planned Development Amendment was approved in 2005 to allow the installation of a new pylon sign for the fuel station. A) Planning Report — Discount Tire October 26, 2010 Paee 2 EXISTING CONDITIONS The fuel station is located in the center of the property with pumps on both the east and west sides of the building. A free - standing car wash building is on the north end of the site. Due to the former use, there may be petroleum contamination on the site. The applicant should be responsible for working with regulatory agencies for appropriate clean up of the site. Additionally, permits should be obtained for removal of the underground fuel tanks. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Compatibility with Surrounding — The proposed auto repair and service use appears consistent with the surrounding auto /commercial retail uses and constitutes a change from the previously approved Planned Development Agreement that called for the construction of a motor fuel station and detached car wash on the subject property. Site Plan — The Site Plan shows a 6,947 sq. ft., one -story retail building on the southern portion of the site, with parking on the north and west sides of the building. The building contains three service bays indoors. The building's main entrance faces north. The building location is consistent with the goals and policies of the Central Commons Special Area Plan which is part of the City's Comprehensive Plan. One of the principles of the Central Commons is to strategically place buildings toward the street with parking behind to help create clearly defined streets and the public realm. III Existing Use Zoning Land Use Designation North Precision Tune PD, Planned Development RC, Retail Commercial /SA, Special Area South Holiday; Medical Clinic PD, Planned Development RC, Retail Commercial /SA, Special Area East Eagan Auto Mall CSC, Community RC, Retail Shopping Center Commercial /SA, Special Area West I -35E EVALUATION OF REQUEST Compatibility with Surrounding — The proposed auto repair and service use appears consistent with the surrounding auto /commercial retail uses and constitutes a change from the previously approved Planned Development Agreement that called for the construction of a motor fuel station and detached car wash on the subject property. Site Plan — The Site Plan shows a 6,947 sq. ft., one -story retail building on the southern portion of the site, with parking on the north and west sides of the building. The building contains three service bays indoors. The building's main entrance faces north. The building location is consistent with the goals and policies of the Central Commons Special Area Plan which is part of the City's Comprehensive Plan. One of the principles of the Central Commons is to strategically place buildings toward the street with parking behind to help create clearly defined streets and the public realm. III Planning Report — Discount Tire October 26, 2010 Page 3 Bulk Standards — As a Planned Development, deviations from typical zoning bulk standards may be allowed. Setbacks — Setbacks are consistent with ordinance requirements. The building is located at the minimum required 40 -foot setback from Duckwood Drive and the 50 -foot setback from Pilot Knob Road. The building location exceeds the 50 -foot setback requirement from I -35E and the 20 -foot rear setback requirement. Parking setbacks are proposed to meet the required 20 feet from all public streets. Building Coverage — The proposed building coverage is 12% which is consistent with typical commercial district zoning standards which allow 30% coverage. Building Height — The proposed building measures 28 feet at its highest point, as shown on the Elevation Plan. This is consistent with typical commercial district zoning standards which allow a maximum 35 foot height. Green Space — The proposed green space is 51% which exceeds the minimum green space requirement of 30% of the lot. Additionally, it is an improvement as the existing site has 38% green space. Building Elevations /Materials — The proposed materials include the following: Material Class Type Cumulative Percentage Class I Brick Veneer 58.25% Class I Glass Class III EIFS 41.75% Class III Metal To meet current ordinance requirements, the elevations must be composed of at least 65 percent Class I materials, not more than 35 percent Class II or Class III materials, and not more than 10 percent Class IV materials. The exterior materials should be revised to meet current Code standards. The elevations should achieve code requirements on each elevation and have a similar finish on all four sides. Mechanical Equipment — The site plan identifies roof -top mounted mechanical and HVAC units to be screened by a four foot parapet wall, which exceeds City Code requirements. Additionally, per City Code, the roof -top units should be set back a minimum of 20 feet from the edge of the roof. Any ground equipment/utility boxes should be screened by either a masonry wall or opaque landscaping. 118 Planning Report — Discount Tire October 26, 2010 Page 4 Trash Enclosure — The Site Plan identifies an attached trash enclosure located on the west side of the building with a solid metal gate. The enclosure should be constructed of similar materials to match the exterior of the principal structure and comply with City Code requirements. Parking — The number of proposed parking stalls (35) includes four proof -of- parking stalls and meets the requirement for a retail design; however, it exceeds the requirement for motor vehicle service and repair which would require 10 stalls. Parking stalls are proposed to be 9 feet wide by 19 feet deep, except for the two accessible stalls, which are proposed to be 10 feet wide. The reduction in width is a deviation from the standard code requirement of 10 x 19 foot stalls. The applicant prefers to base their parking needs on a retail design, but with the reduced stall width in order to, "serve the site needs and reduce the overall hard surface on the site." If it is determined by the City that the proof -of- parking is needed, it should be constructed within one year of notice. Landscaping — City Zoning Ordinance requires a Landscape Plan for new construction of all commercial developments. Landscaping is required to provide shade and break up expanses of hard - surface area, screen parking, loading and service areas, control erosion, and provide visual interest. The proposed Landscape Plan appears acceptable with some modifications. The submitted Landscape Plan shows shade trees (honeylocusts and maple) along Duckwood Drive and one conifer (spruce) near the intersection of Duckwood Drive and Pilot Knob Road. Otherwise, no overstory trees are proposed along Pilot Knob Road. A row of snow crabapple trees line the eastern edge of the drive aisle into the site and a second conifer (spruce) is located adjacent to the trash enclosure. Shrubs and perennials are proposed along the perimeter of the site; however, no plantings are proposed to screen the headlights from the western row of parking stalls or the accessible stalls adjacent to Pilot Knob Road. A combination of shrub and hedge materials should be utilized to screen and buffer the parking stalls from all public streets with materials that will achieve 75 percent opacity year round at maturity. Foundation plantings should also be added near the building to provide visual interest. All landscaped areas are required and proposed to be irrigated. Lighting — City Code Sec. 11.70, Subd. 21.13.8 requires that site lighting be provided 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 an average to minimum ratio not greater than 4:1. The adjacent commercial property has 22 foot light poles, including the base. The proposed plan has 22 foot poles plus a three foot base. To create a cohesive look, which is a principle within the Commons Area of the Comprehensive Plan, the light poles should be limited to a total maximum height of 22 feet, including the 3 foot base. «9 Planning Report — Discount Tire October 26, 2010 Paee 5 Specifically, site lighting is proposed through free - standing pole- mounted lights with metal halide flat lens shoebox type fixtures. The poles and fixtures are proposed to be a bronze color. The Lighting Plan shows unacceptable light levels. Light levels achieve a minimum of 0.6 footcandles within the parking lots, with a high of 9.0 footcandles and an average of 3.33 footcandles. Light levels adjacent to public right -of -way are acceptable; however, they exceed appropriate levels (4.3) at the north property line. The average to minimum ratio is 5.55, suggesting irregular light levels throughout the parking lot. The Lighting Plan should be revised to show compliance with these standards. Si na e — Discount Tire is proposing building signage on the south and east elevations. A 24- foot pylon sign in the southwest corner of the site adjacent to I -35E and a seven foot monument sign near the intersection of Pilot Knob Road and Duckwood Drive are also proposed. The proposed pylon sign is designed to be internally lit with the pole covered with a brick veneer to match the building; however, there is a small amount of pole exposed near the base of the sign. The sign should appear integrated into the design with the pole, with no exposure of the pole itself. The proposed monument is also proposed to be on top of a brick veneer base to match the existing building. The sign face is proposed to be 4'10" which exceeds the City Code requirement of a four -foot maximum height of sign area. The height of the sign face should be reduced to meet City Code requirements. Also, one directional sign located on the subject property, at the entrance to the site from Duckwood Drive, was allowed with the Precision Tune Addition Final Planned Development (Lot 1, Block 1, Precision Tune Addition). Therefore, a direction signal is allowed to remain on the property. Financial Obligation — At this time, there are no pending assessments on the parcel. Grading /Topography — The site was graded with previous development. Grades and slopes on the site will remain generally as current, with the site sloping toward the southeast (Duckwood Drive and Pilot Knob Road). Storm Drainage — The proposed redevelopment decreases the impervious surface and will utilize the existing storm drainage system on the site, with slight modifications. Utilities — Existing sanitary sewer and water main of sufficient size, depth, and capacity are available on site for connection by this development. Streets /Access /Circulation — The proposed development removes the most easterly of the two existing accesses onto Duckwood Drive, with no additional access proposed. /C�o Planning Report — Discount Tire October 26, 2010 Page 6 Vehicle circulation between this redevelopment and the auto care business to the north is provided via common access drive along the west edge of the site. The applicant should provide evidence of private ingress /egress easement covering the new access drive between the two lots for review and approval by the City Attorney. The site improvements accommodate the City's proposed Duckwood Drive /I -35E Overpass improvements, scheduled for construction in 2011. Pedestrian Circulation — A concrete sidewalk connects the site to the existing bituminous trail along Pilot Knob Road. The existing concrete sidewalk adjacent to Duckwood Drive is proposed to remain. Staff analysis of the site and proposed Site Plan found that the addition of sidewalk connections closer to the corner intersection of Pilot Knob Road and Duckwood Drive may result in an enhanced, pedestrian - friendly design. Riy,ht -of -Wax — The site is adjacent to the proposed Duckwood Drive /I -35E Overpass improvements, which is a segment of the City's Ring Road concept plan for improving traffic circulation in the area surrounding Yankee Doodle and Pilot Knob Roads. Portions of this property have been acquired by the City for right -of -way purposes to accommodate the improvements. The right -of -way acquisition is shown on the Site Plan and accounted for by the development. Tree Preservation — There are no tree preservation issues relative to this development proposal. Parks and Recreation — This development satisfied park and trail dedication through a cash park dedication and the construction of the bituminous trail along Pilot Knob Road with the 1990 construction of the motor fuel station. Airport Noise Considerations — The subject property lies outside of the airport noise exposure zones established by the Metropolitan Council. SUMMARY /CONCLUSION Discount Tire is proposing to amend the Planned Development Agreement by changing the approved land use from a motor fuel station and detached car wash to allow auto repair and service. The use appears compatible with surrounding uses; however, the proposal includes a deviation from typical zoning standards. City policymakers should determine whether the proposed change in use is acceptable and whether to accept the proposed deviation as part of the Planned Development approval; reduced parking stall width, which the applicant states will better suit the needs of the business and reduce the overall impervious surface of the site. Additionally, City policymakers should determine if additional sidewalk connections closer to the Pilot Knob Road / Duckwood Drive intersection, should be required. 1a l Planning Report — Discount Tire October 26, 2010 Pavze 7 ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow auto repair and service on property located at 3575 Pilot Knob Road, legally described as Lot 1, Block 1, George W. Giles Addition. If approved the following conditions shall apply: 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office. 2. The applicant shall be responsible for obtaining all necessary permits from regulatory agencies regarding any petroleum contamination on the site. 3. The applicant shall have a site assessment performed and mitigation efforts shall be concluded prior to issuance of a building permit. 4. Underground tank removal shall occur per MPCA requirements and an underground tank removal permit shall be issued by the City. 5. Proof of the underground removal in accordance with state law shall be submitted to the City in addition to a copy of any no action letter that may be issued by the MPCA. 6. The minimum architectural standard of 65% Class 1 materials and not more than 35% Class III materials shall be satisfied on each of the four building elevations. The elevation plan shall be modified accordingly and calculations provided by the architect to verify compliance with this standard. 7. Roof -top mechanical units shall be set back a minimum of 20 feet from the edge of the roof. 8. Ground mounted mechanical equipment/utility boxes shall be screened by either a masonry wall or opaque landscaping. 9. The trash enclosure shall comply with City Code requirements. 10. If after review by the City, it is determined that additional on -site parking is needed due to extensive on- street parking, additional on -site parking shall be provided in the proof - of- parking location, as identified on the Site Plan, within one year of notice to the Applicant or its successors or assigns. 11. The Landscape Plan shall be revised to incorporate additional plant materials to screen and buffer the parking areas from public right -of -way and add foundation plantings. 12. The Lighting Plan shall be revised to show compliance with City Code standards, and the standards identified in the planning report, including, light poles shall not exceed 22 foot pole heights. /ate Planning Report — Discount Tire October 26, 2010 Paae 8 13. All site and building signage shall be subject to City Code standards. 14. The base of the pylon and monument signs shall match the principal building and the pylon sign shall not have an exposed pole. 15. One directional sign located on Lot 1, Block 1, George W. Giles Addition at the entrance to the site from Duckwood Drive is allowed, for the property to the north (Lot 1, Block 1 Precision Tune Addition). The directional sign shall not contain signature or logo advertising of the business, but instead shall be a simple directional sign stating only the name of the business and identifying the entrance to the site. 16. The applicant shall provide evidence of private ingress /egress easement covering the new access drive between this property and the property to the north (Lot 1, Block 1 Precision Tune Addition) for review and approval by the City Attorney. 17. The applicant shall provide sidewalk connections from the site to the corner of Pilot Knob Road and Duckwood Drive intersection. 1a3 Location Map Project Name: 3575 Pilot Knob Road - Discount Tire Request: Planned Development Amendment Case Nos.: 16- PA- 08 -09 -10 City of Eapaa I C�,� Feet 0 500 1,000 2,000 Legend ,,.11. city Boundary Parcels \ Parks Buildings N Current Zoning and Comprehensive Guide Plan Land Use Map Discount Tire PD Amendment ,�,...•: , NOW j: 11 11 . 11 • • • ■ NAME ,.' � � • � r ,-� ■,11.11 1111`_ 11� Io,� I � iii: ■ Parcel base map informat rovided by Dakota County Land Survey Department Decmber 2005. Ak Z If ma aintained by City Staff. CitV of Ea an J � THIS MAP ion INTENDED FOR REFERENCE USE ONLY a The City of Eagan and Dakota County do not guarantee the accuracy of this information. S 0 -•• . Ian, ; =. II ��., � ■ .0 � ■1 � mammon l logo logo" i iii moil / ' 1 NOW j: 11 11 . 11 • • • ■ NAME ,.' � � • � r ,-� ■,11.11 1111`_ 11� Io,� I � iii: ■ Parcel base map informat rovided by Dakota County Land Survey Department Decmber 2005. Ak Z If ma aintained by City Staff. CitV of Ea an J � THIS MAP ion INTENDED FOR REFERENCE USE ONLY a The City of Eagan and Dakota County do not guarantee the accuracy of this information. S 0 Parcel base map informat rovided by Dakota County Land Survey Department Decmber 2005. Ak Z If ma aintained by City Staff. CitV of Ea an J � THIS MAP ion INTENDED FOR REFERENCE USE ONLY a The City of Eagan and Dakota County do not guarantee the accuracy of this information. S 0 Al AERIAL Nvr � NNW Ix r, .. T ty , is — � S ♦: f _ ��. - _ fit. � y♦ j £ . •w'x x � • Ste. s• - '� are 4fi tlhi � iii •���- r.:— }PILOT ICNn8 -� E �: >�: q t SITE PLAN DI.SC,OU.N TIRE A.— L H-11 9A/10 PRELIMINARY SITE PLAN - - - - - - - - - - - - - - - - - - - - Crestridge -4 — — — — — — — — Drive - - - - - I - - - - - Aj A2 F--- T 14 M cn R N' \I I - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -j Pilot Knob Road (C.S.A.H. No. 30) i 4-11 SUH L 11-H m M, g 9 a 'D �92 42 mA z rn z '- " = , oz , , -- Ou - > IT, o JS o' m X N c;A 7 D DI.SC,OU.N TIRE A.— L H-11 9A/10 PRELIMINARY SITE PLAN EXISTING CONDITIONS OM og Ngi Z € >= g m m ggo -off m is •o - En IE -- - og�> :, SNDy z . vD DISCOUNT TIRE RENSIONMS RLK . • �� alsom C`3 RLK EAGAN, uwNESOTA 70t Ot6JU tBR .t PRELIMINARY nRE CO.iNC �� s /ts /to REMOVALS PLAN —1 Crestridge Drive I I_ — —1 LANDSCAPE PLAN q I C I Q b - :. S I L< W �- -� Pilot Knob:Road (C.S.A.N. No. 30) P6. m. 2 0 F I .kg ag^ I DISCOUNT TIRE - D a sons g> 2 Zni0.63u EaCnH, uiHHE50in ® ��J aio .. +...�c ._� ,. ,., I RT Y. D 590 anlz 3im'la 95 = 5Z Nz �mz r 1 >3 Q !m'Im I =mZ _ o 11 1-1- -j _ l h la C ti r5: _ A - Aio I. chic �c�loLn oc � L,'II I> a i c nm s 3 - 0 n I .kg ag^ I r D Z (n C1 2 M 0 C M > �F �= V, F P� •� D Ll DISCOUNT TIRE a sons Zni0.63u EaCnH, uiHHE50in ® ��J aio .. +...�c ._� ,. ,., I RT Y. PRELIMINARY anlz 3im'la �lo�n LANDSCAPE PLAN �mz Fu >3 i4> !m'Im I =mZ _ it IN 11 1-1- -j _ l h la d o Nlo ?o =I�. No Aio I. chic �c�loLn oc � L,'II I> a i c nm s r D Z (n C1 2 M 0 C M > �F �= V, F P� •� D Ll DISCOUNT TIRE a sons Zni0.63u EaCnH, uiHHE50in ® ��J aio .. +...�c ._� ,. ,., I RT Y. PRELIMINARY LANDSCAPE PLAN - ., c < .. .. .. LIGHTING PLAN a 8 Crestridge Drive Cam° EA - I ° m A - q= ;xoc %z- O ° g 71 4t• T � o �] ia - 3 3 I - alb ci - Pilot Knob Road (C.S.A.H. No. 30) s q` - i o - _ �ql S m i 42 x l m > - Z i . F } 0 ul _ agm ' DISCOUNT TIRE RE sops °-> YINN L3 EAGAN. ESOiA SW 20�O, 1 PRELIMINARY 9/15/10 LIGHTING PLAN T� Eeo. iNC. „�,,, w� ,.M °'�^ o.Te a :01 1 0 0 Z 0- 0 z 0 LLJ I ( (� � �� ^ \ \ \ \ j } � 76 \ \��� � �\ ; /, ��. 9 \} \ /�I � :01 1 0 0 Z 0- 0 z 0 LLJ I ELEVATION LLJ k � _3 N 0 IS( 9 \ ( (� � �� Lo LLJ LU -j � / \� � -� « � \ LLJ »� .�_` ELEVATION LLJ k � _3 N 0 IS( 9 \ ( (� � �� z 2 > LU M 0 FREESTANDING SIGNS Uslill'll "Houll oil i 11111 mpo Ala 1,19 q Lill hk oil UV a Is -- ' �5 �o as -g Z U3 zl; 0 0 0 0 Uslill'll "Houll oil i 11111 mpo Ala 1,19 q Lill Al KS z 0 -------------- C4 hk Al KS z 0 -------------- C4 Project Narrative Discount Tire 1.32+ Acre Site NW Quadrant of Pilot Knob Road and Duckwood Drive Eagan, Minnesota Prepared By: RLK Incorporated September 15, 2010 Revised September 29, 2010 For Planned Development Amendment Introduction On behalf of Discount Tire Company, RLK Incorporated is pleased to submit the enclosed plans and documents for Planned Development Amendment for the 1.32+ acre Discount Tire Store in Eagan, MN. The project proposes site redevelopment for a 6,947 square foot Discount Tire store, adjoining parking lot, utility extension, and access drive. The development will encompass approximately 1.32 acres. All proposed site and building development will occur within the Planned Development (PD) Zoning District. Project Request ■ Approval of Application for Planned Development Amendment Existing Conditions The proposed Discount Tire store is a redevelopment of a vacant gas station with detached car wash. The site is bordered on the west by Interstate 35E, to the north by Precision Tune Auto, to the east by Pilot Knob Road and to the south by Duckwood Drive. The existing building is located in the center of the site with parking and access on all sides of the building. The car wash is located on the north edge of the property. Access to the site is from two curb cuts from Duckwood Drive. A driveway easement on the west portion of the site provides access to Precision Tune Auto north of the existing gas station. The Precision Tune Auto site has no other access to public roadway. An existing pylon sign for the gas station is located adjacent to Pilot Knob Road. Project Description The 1.32+ acre site is a full site redevelopment of the vacant gas station. This site will contain a 6,947 square foot free standing retail facility, adjoining parking lot and pedestrian sidewalk. Details of these improvements can be found in the supporting documents. The site design will compliment the adjoining retail development through the use of quality architecture, dense landscaping and pedestrian access to the Pilot Knob sidewalk system. Adjacent land uses include Planned Development to the south and southeast with Community Shopping Center to the east. The proposed use is consistent with the previous use and is complimentary to the adjacent businesses along Pilot Knob Road. The proposed redevelopment is a sensible re -use of a property that has been vacated. The location on Pilot Knob Road will cater to existing traffic, while generating less customer traffic than a typical gas station. Because the proposed building is Project Narrative Discount Tire September 29, 2010 RLK Project No. 2010 -163 -M I �2 Eagan, MN Page 1 of 4 J f grM2 9 2010 Parking Parking requirements are provided to meet City requirements for retail related use. Based upon the 6,947 square foot building area, 35 stalls are required. 35 spaces are provided with the current site plan, which includes 4 proof of parking stalls. Parking stalls and aisle width are proposed as follows: • 9 -foot wide by 20 -foot deep parking spaces; • 30 -foot drive aisle width for internal traffic; • 35 -foot drive aisle width for shared traffic. Landscape The landscape design utilizes a palette of plant material consisting of a mix of deciduous, coniferous and ornamental tree and shrub plantings with a focus on the perimeter of the site. The site has been designed to meet the required 3.0 percent of the building construction cost for landscape material costs. It is estimated the building will cost approximately $600,000 to build, with a proposed landscape budget of approximately $18,000 (3.0 percent). Site Lighting The proposed lights feature a shoebox fixture with a 250 -watt metal halide light source. The fixtures will be mounted on 22 -foot poles with a 3 -foot concrete base, equaling a 25 -foot mounting height. The lights will be a medium bronze finish with Widelite AI-3 series fixtures with a flat lens and vertical lamp. Building Facade The building design includes a variety of material including brick, glass, block , EIFS and metal, with brick being the dominant material. Overhead canopies and large amounts of glass are located at the customer entrance on the east side of the building. The building materials and colors are consistent with retails buildings in the area and provide an attractive building which compliments the existing architecture in the area. Building Signage Building signage will be comparable to similar uses in the area, with signage featured on two sides of the building and integral with the building designs. The proposed building signage is depicted on the enclosed building elevation. Utilities Watermain An existing 6" watermain exists on the west side of the site. This 6" main is connected to a 30" main in Duckwood Drive. Service for the building will be extended from the 6" watermain located on site. Sanitary Sewer An existing 8" sanitary sewer line is extended down the access drive from Duckwood Drive. This line provides service for both the existing gas station and the Precision Tune Auto. The proposed sanitary service will be extended from the existing 8" main. Storm Sewer There is an existing 15" stone line existing at the southeast corner of the site. This 15" line will be utilized as the ultimate discharge point for stonnwater. A vegetative swale on the south side of the site Project Narrative Discount Tire tuber 29, 2010 RLK Project No. 2010 -163 -M I Eagan, MN Page 3 of 4 3 P 2 9 201,11 r� will collect portions of the on -site drainage and provide a stormwater management device. The swale, roof drains and the north parking area will be connected to the 15" outlet pipe. Drainage /Erosion Control Standard Best Management Practices (BMP's) have been included for erosion control, methods include the use of silt fence, road construction entrances and inlet protection as temporary measures, with the vegetative Swale as a permanent measure. Submittal Package • Project Narrative • Completed Planned Development Amendment Checklist • Deposit Agreement • Application and Escrow Fees • Site /Civil Plan Sets - 2- full -size sets (folded) - 2 -11 " x 17" sets - 2 -8.5" x11" set • Certified Mailing List and Labels • Color rendering of proposed building and Building Elevations - 2 rr 11" x 17" Applicant and Development Team Applicant Discount Tire Company Telephone 480- 606 -5931 20225 North Scottsdale Road Fax 480- 606 -4370 Scottsdale, AI 85255 Richard Sommer Email rsonvrrer(c%cliscounttireco.com Property Owner Premier Banks Telephone 651- 777 -7700 2866 White Bear Avenue Fax 651- 777 -3761 Maplewood, MN 55109 Brian Carnes Email bcar-nes(&,prernierbanks.com Civil Engineer / Landscape Architect / Surveyor RLK Incorporated Telephone 952- 933 -0972 6110 Blue Circle Drive, Suite 100 Fax 952 -933 -1153 Minnetonka, MN 55343 Aaron Hemquist, Professional Engineer- Email ahemquist cirlkinc.com Jeff Westendorf, Landscape Architect Email jwestendorf (u)rlkinc.com Kurt Kisch, Senior Professional Land Surveyor Email kkIsch@,rlkmc.com Project Narrative Discount Tire Rev' ed Se tember 29, 2010 RLK Project No. 2010 -163 -M ) ss-- Eagan, MN Page 4 of 4 �Z RECE 2011) similar in size, with less customer traffic, the existing infrastructure is capable of serving the proposed Discount Tire. Property PID: 10- 25990- 010 -01 Legal Description: Lot 1, Block 1, George W. Giles Addition The proposed Discount tire building will provide a clean, professional and well run business for this location in a service oriented avenue. The redevelopment will provide site renewal with a new high quality building, landscaping and stormwater treatment. Discount Tire prides itself on the service it provides and contributions to the well being of the community. Subsequent to a meeting with City staff, the site plan was revised to move the building towards Duckwood Drive and internalize the parking and service bays. In an effort to maintain the number of parking stalls necessary for operation and to minimize the amount of impervious surface on the site, the updated site plan reflects a reduction in parking stall width from 10' to 9, while providing 4 proof -of- parking stalls that would only be constructed as operations require_ We believe that this reduction in stall width will adequately serve the site needs and reduce the overall hard surface on the site. Timing of Proposed Development The initial construction of the 6,947 square foot Discount Tire store, utilities, parking lot and roadway connection is anticipated to take place in 2011. The site will be demolished with minor grading necessary to provide site specific drainage. Utility service will be provided by minor re- routing and extension. The sanitary sewer and watermain services will be extended from the sewer and water lines that are located within the site. This location minimizes the amount of excavation necessary. Storm sewer will be extended from the southeast corner of the site to onsite storm sewer and vegetative swale. Private utilities (gas, phone, electric) will be extended upon the completion of the majority of site work, once roadways and parking areas are established. Upon completion of the utility work, the access drive and parking areas will be constructed. The construction of these permanent surfaces will then allow for installation of site lighting, landscaping and site amenities. It is anticipated that building construction will begin during this phase of site work. Site Design Pedestrian Access /Sidewalks An existing bituminous path lies east of the site along the west side of Pilot Knob Road. The site concrete sidewalk will extend from the front of the building to the Pilot Knob path. The existing concrete sidewalk adjacent to Duckwood Drive will remain. Automobile Access Site access will continue to be provided from Duckwood Drive. The easterly access drive will be eliminated to accommodate site parking. The westerly access will remain to provide site access and respect the existing driveway easement for the Precision Tune Auto. The proposed site development will not interfere with the future extension of Duckwood Drive across Interstate 35E. The existing private driveway easement will require modification to accommodate City staff desire to align the west access with Crestridge Drive. Project Narrative Discount Tire tuber 29, 2010 RLK Project No. 2010 -163 -M r Eagan, MN Page 2 of 4 / >I 610